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THE 


ACTS  AND  RESOLYES, 

PUBLIC    AND    PRIVATE, 


Province  of  the  Massachusetts  Bat: 


TO  "WHICH  ARE  PREFIXED 


THE  CHiETERS  OJ  THE  PROVINCE. 


HISTORICAL  AND  FXPT^NATOfir  ^"OtEsi^lNP'A^N^:  APPENDIX. 


Published  under  Chapter  87  op  the  Resolves  op  the  General  Court 
OF  the  Commonwealth  for  the  Tear  1867. 


Volume    X Y.  , 

BEING   VOLUME   X.    OF   THE   APPENDIX. 

containing 

RESOLVES,  ETC.,  1753-1756. 


BOSTON : 

WRIGHT   &  POTTER  PRINTING  CO.,    STATE  PRINTERS, 

18  Post  Office  Squake. 

1908. 


c;. 


T.  TE  imm  Iff  liASSACHUSEt 
fj(     "J7  1908 


RESOLVES,  ORDERS,  VOTES, 


Pa5sed^^^i.753-54. 


[11 


LEGISLATIVE   LIST' 


I753-54' 


The  Honorable   SPENCER   PHIPS,  Esq.,  Lieut.  Governor,   [imtil 

August  7,  1753'], 
Captain-General  and  Governor-in-chief,  etc. 

His  Excellency  WILLIAM   SHIRLEY, 

Captain-General  and  Governor-in-chief,  [/row  Aiigust  7,  175S']. 
JOSIAH  WILLARD,    Esq., 

SECRETARY  or  the  PROVINCE. 


COUNCILLORS   OR  ASSISTANTS. 


Of  the  InJiahitants  of  or  Proprietors  of  Lands  within  the  Territory  formerly 
called  the  Colony  of  the  3fassachn setts  Bay  ; 

John  Quincy 
John  Chandler 
Ezekiel  Chever 


John  Osborne 
Francis  Foxcroft 
JosiAH  Willard 
Jacob  Wendell 
Benjamin  Lynde 
Daniel  Russell 
Samuel  Danforth 
John  Greenleaf 
Samuel  Watts 


Andrew  Oliver 
'EsQRS.  Joseph  Pynchon 

Thomas  Hutchinson 
Stephen  Sewall 
Isaac  Royall 
Eleazer  Porter 


•ESQRS. 


Of  the  InhaUtants  of  or  Proprietors  of  Lands  within  the  Territory  for7nerly 
called  the  Colony  of  Neio  Plymouth  ; 

John  Gushing  Wsnp.?  Sylvanus  Bourn  )■ 


ESQRS. 


ESQRS. 


George  Leonard     ^->^^h^^-  John  Otis  ) 

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

Sir  William  Pepperel,  Baronet,  John  Hill  &  Jabez  Fox,  Esqrs. 

>  See  Legislative  Records  of  the  Council,  xx.,  31-34. 
[3] 


4         Province  Laws  (i?eso?yes,  ete.).  —  1753-54.     [Representatives.] 

Of  the  Inhabitants  of  or  Proprietors  of  Lands  toithin  the  Territory  lying 
between  the  River  of  Sagadahoch  S  Nova  Scotia  ; 

John  Wheelwright,  Esq. 

For  the  Province,  at  large :  — 

James  Minot  &  Benjamin  Lincoln,  Esqrs. 


REPEESENTATIVES   OE   DEPUTIES. 

May  30,  1753  to  April  23,  1754. 

Mr.  THOMAS  HUBBARD,  Speaker. 


County  of  Suffolk. 

Boston,  .     .     .  Samuel  Welles,  Esq., 
James  Allen,  Esq., 
Thomas  Hubbard,  Esq., 
Mr.  James  Bowdoin. 

Roxbury,     .     .  Capt.  Joseph  Williams. 

Dorchester, .     .  Robert  Sjjur,  Esq . 

Milton,   .     .     .  Mr.  Joseph  Bent. 

Braintree,   .     .  Mr.  Samuel  Niles,  Jr. 

Weymouth, .     .  Capt.  Thomas  Pratt. 

Hingham,    .     .  Mr.  Jacob  Cushing. 

Declham,      .     .  Joseph  Richards,  Esq. 

Medjield,     .     .  Mr.  Peter  Coolidge. 

Wre^itham,  .     .  Mr.  John  Goldsbury. 

Stoughton,  .     .  Mr.  Joseph  Hewing,  Jr. 

Necdham,    .     .  Mr.  William  Bowdoin. 

Chelsea,       .     .  Nathaniel  Oliver,  Jr.,  Esq. 

Medway,     .     .  Mr.  Jonathan  Adams,  Jr. 

County  of  Essex. 

Salem,    .     .  .  Henry  Gibbs,  Esq. 

Ipswich,      .  .  Francis  Cogswell,  Esq. 

Newbury,    .  .  Mr.  Benjamin  Greenleaf , 

Joseph  Gerrish,  Esq. 

Lynn,     .     .  .  Capt.  Benjamin  Newhall. 

Marblehead,  .  John  Tasker,  Esq. 

Andover,     .  .  Capt.  Joseph  Fry. 

Beverly,      .  .  Capt.  Henry  Herrick. 

Roioley, .     .  .  Mr.  Thomas  Lancaster. 

Salisbury,  .  .  Mr.  Abraham  Morrill. 

Olocester,    .  .  Mr.  William  Stevens. 

Amesbury,  .  .  Mr.  Isaac  Merrill. 

Bradford,    .  .  Capt.  Benjamin  Millikin. 

Boxford,      .  .  Mr.  John  Forster. 

Topsfeld,    .  .  Mr.  Elijah  Porter. 

Haverhill,  .  .  Nathaniel  Peaslee,  Esq. 


County  of  Middlesex. 
Cambridge,      .  Mr.  William  Fletcher, 

David  Phips,  Esq. 
Charlestown,    .  Mr.  James  Russell. 
Watertown,       .  Mr.  John  Hunt. 
Concord,      .     .  Mr.  Ephraim  Jones. 
Wobourii,    .     .  Mr.  Edward  Walker. 
Reading,      .     .  Ebenezer  Nicholls,  Esq. 
Newton,       .     .  Henry  Gibbs,  Esq. 
Sudbury,     .     .  Mr.  John  Noyes. 
Marlborough,  .  Mr.  Samuel  Whitt. 
Orolon,  .     .     .  William  Lawrence,  Esq. 
Billerica,     .     .  Capt.  Enoch  Kidder. 
Frayyiingham,  .  Joseph  Buckminster,  Esq. 
Lexington,  .     .  Capt.  Benjamin  Read. 
Chelmsford,     .  Capt.  Ej)hraim  Spaulding. 
Sherburne, .     .  Isaac  Coolidge,  Esq. 
Maiden, .     .     .  Joses  Bucknam,  Esq. 
Weston,  .     .     .  Mr.  Elisha  Jones. 
Waltham,    .     .  Samuel  Livermore,  Esq. 
Medford,     .     .  Mr.  Stephen  Hall. 
Littleton,     .     .  Mr.  Nathaniel  Russell. 
Eolliston,     .     .  Mr.  Ebenezer  Littlefield. 

County  of  Hampshire. 


Springfield, 

Northampton, 

Hadley,  . 

Hatfield, 

Deerfield, 

Westfield, 

Brimfield, 

Sheffield, 


.  John  Worthington,  Esq. 
.  Mr.  Gideon  Lyman. 
.  Eleazer  Porter,  Esq. 
.  Oliver  Patridge,  Esq. 
.  Elijah  Williams,  Esq. 
.  David  Moosley,  Esq. 
.  John  Sherman,  Esq. 
.  John  Ashley,  Esq. 


County  of  Worcester. 
Worcester,   .     .  John  Chandler,  Jr.,  Esq. 
Lancaster,  .     .Joseph  Wilder,  Jr.,  Esq. 


[Representatives.]     Province  Laws  (^Resolves,  etc.).  —  1753-54. 


County  of  Worcester  —  Concluded. 


Brookficld,  . 
Leicester,  . 
Rutland, 
Lunenburgh, 
Shrewsbury , 
Oxford,  . 

Sutt07l,    . 

Southborough, 
Harvard,    . 
Bolton,   . 
Stur  bridge, 
Uxbridge,    . 
Meiidon, 


.  Capt.  William  Ayres. 
.  Thomas  Steel,  Esq. 
.  Mr.  John  Murray. 
.  Mr.  William  Downe. 
.  Mr.  Phineas  Haywood. 
.  Mr.  Duncan  Campbell. 
.  Mr.  Daniel  Greemvod. 

Capt.  Timothy  Bridgham. 
.  Capt.  John  Whitney. 
.  Mr.  John  Whetcomb. 
.  Capt.  Moses  Marcy. 
.  Mr.  Josiah  Taft. 
.  Capt.  Nathan  Tyler. 


County  of  Plymouth. 

Sciluate,      .     .  Mr.  Ensign  Otis. 
Duxbury,     .     .  Gamaliel  Bradford,  Esq. 
Marshjield,  .     .  John  Winslow,  Esq. 
Bridgwater,      .  Capt.  Josiah  Edson. 
Pembrook,    .     .  Mr.  Israel  Turner. 
Plymiyton,    .     .  Mr.  Israel  Bonny. 
Middleborough,  Capt.  Nathaniel  Smith. 
Ha7iover,     .     .  David  Stockbridge,  Esq. 
Abingtofi,     .     .  Mr.  Jacob  Porter. 


County  of  Barnstable. 
Barnstable,  .     .  James  Otis,  Esq. 
Sandwich,    .     .  Roland  Cotton,  Esq. 
Eastham,      .     .  John  Freeman,  Esq. 

County  of  Bristol. 

Taunton,      .     .  Samuel  White,  Esq., 
Capt.  Thomas  Cobb. 


Rehoboth, 

.  Mr.  Israel  Nicholls. 

Dartmouth,  . 

.  Capt.  Nathaniel  Sole. 

Dighton, 

.  Ezra  Richmond,  Esq. 

Attleborough, 

.  Mr.  Benjamin  Day. 

Swanzey, 

.  Mr.  William  Slade. 

County  of  York. 

York,  . 

.  Mr.  Jolm  Bradbury. 

Eittery,     . 

.  Nathaniel  Sparhawk,  Esq 

Berwick,  . 

.  Mr.  William  Gerrish. 

Wells, 

.  Mr.  Nathaniel  Wells. 

Falmouth, 

.  Jedediah  Prebble,  Esq. 

Scarborough, 

.  Edward  Milliken,  Esq. 

In  the  County  of  Nantucket. 

Sherburne,     .     .  Mr.  Abishai  Folger. 


Kingston, 


Mr.  Benjamin  Sampson. 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Thirtieth  Day  of  May,  A.D.  1753. 


CHAPTEE    1. 

ORDER  FOR  A  TOWN  MEETING  IN  BERKLEY. 

A  Petition  of  the  Select  Men  of  the  Town  of  Berkley  in  the  Legislative 
County  of  Bristol  shewing  that  the  Inhabitants  of  the  said  Town  Snctf.xi^f^ 
in  their  last  March  Meetino;  by  their  Mistakes  &  Mismanafirements  36.  Mass. 
miss'd  the  Benefit  of  making  a  Regular  Choice  of  Town  Officers  cxvi.,  377' 
for  this  present  Year,  Praying  that  this  Court  would  grant  them  Mass. 
a  further  Meeting  for  the  Election  of  their  Town  Officers.  ^xyLlrci'. 

[Read  &1  House  Jour- 

Ordered  that  M^  Abel  Burt  &  M^  Georg[e]  *  Caswell  Two  of  the  °^'' pi'- "' i^- 
Select  men  of  the  Town  of  Berkley  for  the  year  1752.  be  and  they 
are  hereby  Directed  &  impowered  to  issue  their  Warrant  to  the  Con- 
stable of  Said  Town  for  the  year  1752.  to  Call  a  meeting  as  soon  as 
may  be  to  make  Choice  of  the  Several  Town  officers  for  the  year 
Current  which  Should  have  been  Chose  in  the  month  of  March  Last, 
and  the  Said  Town  Officers  when  Chosen  shall  be  as  much  obliged 
(to  all  intents  &  purposes)  to  Serve  in  the  said  Offices  to  which  they 
shall  be  respectively  Chosen  as  tho  they  had  been  Chosen  in  March 
Last.     [Passed  June  5. 


CHAPTEE    2. 

ORDER    DECLARING    AN    EXECUTION    AGAINST    EPHRAIM    GATES    NULL 
&  VOID   AND  DIRECTING  THE   ISSUANCE   OF  A  NEW  EXECUTION. 

On  THE  Petition  of  Ephraim  Gates,  [Province  Laws,  xiv.,  706,  ^If^rds^of  the 

chap.   187]  Council,  XX., 

In  Council.  The  foregoing  Petition  was  read,  together  with  the  ArcMves,' 
Answer  of  Josiah  Gibbs,  and  it  appearing  to  this  Board  that  the  xiiii-,  662. 
Respondent  has  conceeded  that  he  has  receiv'd  to  the  amount  of  Mass. 
Eight  Pounds  five  Shillings  &  four  Pence  of  the  Sum  mentioned  in  xiiii.,  652^664. 
the  Execution,  and  that  there  is  a  Mistake  in  Computing  the  said  na^i^P^.  le!™^' 
Debt  (as  set  forth  by  the  Petitioner)  Amounting  to  £5.12  which  Province    ^^ 
several  Sunims,  (with  one  Shillings  &  four  Pence  for  the  Execu-  ciiap.'isv.'*'   * 
tion)  being  deducted  out  of  the  Sums  mentioned  in  y®  Judgment 
of  Court  there  remains  due  the  Sum  of  Sixty  nine  Pounds  eleven 
Shillings  only  including  the  Costs :  "Wherefore 

Ordered  that  the  Execution  aforesaid  be,  &  the  same  is  hereby 

»  MS.  mutilated. 
[7] 


8 


Province  Laws  ( Resolves ,etc.).  — 175 3-5 4 .     [ Chap .  3 .  ] 


superseded  &  declared  Void;  and  the  Clerk  of  the  Seperiour  Court 
is  hereby  authorized  &  Directed  to  issue  Execution  for  the  Sum  of 
Sixty  nine  Pounds  eleven  Shillings  only  in  Discharge  of  the  Debt 
mentioned,  and  of  the  Costs. 
In  the  House  of  Rep"^^ 
Eead  and  Concur  d.     [Passed  June  6. 


CHAPTER    3. 


Legislative 
Records  of  the 
Council,  XX., 
37^ 

Mass. 

Archives,  xva., 
222.    Legisla- 
tive Records  of 
the  Council, 
xix.,  62, 192. 
House  Jour- 
nal, pp.  11, 16, 
17.    Province 
Laws,  iii.,  559, 
note;  xiv.,  353, 
chap.  223. 


ORDER  GRANTING  A  TOWNSHIP  TO  GERMAN  PROTEST^'ts. 

A  Memorial  of  Jacob  Hatterick  &  others  German  Protestants, 
shewing  that  by  Encouragement  offered  by  this  Government,  they 
have  been  induced  to  transport  themselves  &  Families  into  this 
Province  to  settle  upon  such  Lands  as  shall  be  allotted  to  them. 
Praying  for  the  Direction  of  this  Government;  and  that  they  may 
be  allowed  to  settle  in  the  Western,  Parts  of  the  Province. 

In  the  House  of  Representatives ;  Read  &  it  appearing  that  in  the 
Year  1749.  this  Court  granted  Four  Townships  in  order  to  encourage 
Foreign  Protestants  to  come  &  settle  in  this  Government,  and  granted 
a  Farm  of  Land  in  each  of  said  Townships  to  M^  Joseph  Crellius,  in 
Case  he  caused  to  be  settled  in  each  of  said  Townships  One  hundred 
&  twenty  Families  by  the  Time  limitted  in  said  Grants;  But  it  ap- 
pearing also  that  the  said  M""  Crellius  has  failed  of  bringing  forward 
said  Settlements ;  and  that  the  Poor  Petitioners  are  left  without  any 
Aid,  Therefore 

Voted  that  Col°  Patridge  &  Col°  Worthington  with  such  as  the 
Hon''^^  Board  shall  join  be  a  Committee  to  lay  out  Thirty  one  House 
Lots  not  exceeding  ten  Acres  each  contiguous  to  each  other  in  the 
German  Township  so  called  at  Fort  Massachusetts ;  and  also  so  much 
of  the  Intervail  Lands  in  said  Township  to  each  of  said  House  Lots 
as  shall  make  up  an  123'''^  part  thereof,  considered  with  relation  to 
Quantity  &  Quality;  and  that  the  Petitioners  have  Liberty  to  settle 
upon  &  improve  said  Lands,  agreeable  to  the  original  Grant  of  the 
Court,  and  further  that  said  Committee  lay  out  in  said  Township, 
Forty  eight  House  Lots  more,  not  exceeding  Ten  Acres  each,  one 
for  the  first  Protestant  Minister,  one  for  the  Ministry  &  one  for  the 
School,  and  also  to  divide  the  remainder  of  the  Intervail  Lands,  into 
forty  eight  equal  Shares  or  Rights  considered  as  aforesaid  with  Rela- 
tion to  Quantity  &  Quality ;  One  of  which  shall  be  for  the  first  settled 
Minister,  and  one  for  the  Ministry  &  one  for  the  School :  And 

in  as  much  as  the  Petitioners  have  signified  their  Desires  that  some 
English  Families  may  be  admitted  as  Settlers  with  them,  on  the  same 
Lands;  that  Therefore  the  said  Committee  admitt  Forty  five  Settlers 
in  addition  to  the  Petitioners,  each  of  which  Forty  five  Settlers  shall 
pay  to  the  Said  Committee  for  the  Use  of  the  Government,  the  Sum 
of  Six  Pounds  thirteen  shillings  &  four  pence  &  give  Bond  in  the 
Sum  of  Fifty  Pounds  to  said  Committee  to  perform  the  like  Condi- 
tions of  Settlement  from  this  Time  forward  as  were  enjoined  in  the 
Original  Grant  of  the  Township ;  and  that  in  all  After  Divisions  of 
Land  in  the  said  Town  the  Petitioners  shall  each  of  them  have  an 
123'''  part  thereof;  And  the  Remainder  of  the  Township  shall  be 
divided  to  and  among  the  other  admitted  Settlers  with  the  publick 
Rights  aforementioned,  each  an  equal  Part;  And  that  the  Origi- 
nal Grant  made  in  said  Township  to  M""  Joseph  Crellius  is  hereby 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 173-554. 

declared  Void,  &  forfieted  to  the  Government  he  not  having  com- 
plied with  the  Conditions  thereof  the  aforesaid  Committee  to  be 
accountable. 

In  Council;  Read  &  Concur'd;  And  John  Chandler  Esq""  is  joined 
in  the  Affair.     [Passed  Ju?ie  7.^ 


CHAPTEE    4. 

ORDER  ALLOWING  THE  ACCOMPT  OF   THE    TREAS«  OF    YORK    COUNTY. 

An  Accompt  presented  by  Jeremiah  Moulton  Esq''  Treasurer  of  Rgfords'of  the 
the  County  of  York  for  the  Year  1752,  Having  been  by  him  laid  council,  xx., 
before  the  Court  of  General  Sessions  of  the  Peace  for  the  said  ArcMv\^8^," 
County,  &  by  them  allowed,  ccxMii-.'ss. 

Read  and  Archives 

Ordered  that  the  within  Ace*  be  allowed  and  the  Ballance  thereof  ccxiYiii.,'55. 
being  One  pound  seventeen  shill^"  and  seven  pence  The  Said  Treas-  naTpp^MS- 
urer  is  further  Accountable  to  said  County  for.     [Passed  J^ine  7. 


CHAPTER    5. 

ORDER  ALLOWING  THE  ACCO"^  OF  THE  TREAS^  OF  WORCESTER  COUNTY. 

An  Accompt  presented  by  M""  Daniel  Haywood,  Treasurer  of  the  Legislative 
County  of  Worcester  for  the  Year  1752,  Having  been  by  him  pre-  counctxx?^ 
sented  to  the  Court  of  General  Sessions  of  the  Peace  for  the  said  *p.  Mass. 

A.rcliivGS 

County,  &  by  them  allowed.  ccxiviii.,  57. 

Read  and  it  appearing  that  the  Payments  by  the  within  named  House  Jour- 
Treasurer  made  including  his  own  Commissions  amount  to  Ninety  iiai,pp.8,20. 
one  pounds  thirteen  Shillings  and  one  penny  Which  with  the  Sum 
of  £6.13.5'^  outstanding  of  the  Town  of  Woodstock's  Tax  for  the 
Year  1752  Ballances  the  within  Ace*  Which  Sum  of  £6.13.5"^  the 
Said  Treasurer  is  further  accountable  to  said  County  for,  as  also 
for  the  Sum  of  £21.19.4  new  tenor  Bills  out  standing  of  of  ^  said 
Town  of  Woodstock's  Taxes  for  the  Years  1748  and  1749.  As  also 
the  sum  of  £3.15.8*^  lawful  money  laid  on  said  Tow[n] '  in  1750  and 
£6.13.5'^  in  the  Year  1751  each  and  every  of  which  Sum  and  Sums 
laid  on  the  said  Town  of  Woodstock  as  aforesaid  the  said  Treasurer 
is  to  be  further  accountable  for  as  He  shall  recieve  the  Same.  [Passed 
June  7. 


CHAPTER    6. 

ORDER  ALLOWING  THE   ACCOr  OF    THE    TREASURER    OF    MIDDLESEX 

COUNTY. 

An  Accompt  presented  by  Daniel  Russell  Esq'  Treasurer  of  the  Legislative 
County  of  Middlesex  for  the  Year  1752,  having  been  by  him  pre-  c^Sxx? 

40^ 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  and  the  House  Journal  the  date  is  June  6. 

2  Sic. 

3  MS.  mutilated. 


10 


Province  Laws  {Resolves^  etc.).  — 1753-54.     [Chaps.  7,  8.] 


House  Jour. 
nal,pp.8,22. 


sented  to  the  Court  of  General  Sessions  of  the  Peace  for  the  said 
County  &  by  them  allowed. 

Bead  & 

Ordered  that  the  within  Acco*  be  allowed ;  and  that  the  Ballance 
thereof,  being  Eighty  four  Pounds  nine  shillings  &  seven  pence  the 
said  Treasurer  is  further  accountable  for.     \_Passed  June  7. 


CHAPTER    7. 


Legislative 
Records  of  the 
Council,  XX., 
20.    Mass. 
Archives, . 
cxvi.,  345. 

Mass. 
Archives, 
cxvi.,  341-345. 
Legislative 
Records  of  the 
Council,  XX., 
40.    House 
Journal,  p.  21. 


ORDER    SETTING    OFF    DIVERS    FAMILIES    AND    THEIR    ESTATES    FROM 
GROTON  TO  DUNSTABLE  AND  DIRECTING  THE  PAYMENT  OF  TAXES. 

A  Petition  of  Ebenezer  Sherwin  &  others  a  Committee  for  the 
Inhabitants  of  Dunstable  within  this  Province,  setting  forth  the 
State  of  their  Case  in  relation  to  that  part  of  Groton,  contiguous 
to  Dunstable,  which  is  commonly  cabled  Joint  Grass;  and  Praying 
that  the  same  may  be  annexed  to  »&  incorporated  with  the  Inhab*^ 
of  Dunstable; 

Eead  together  with  the  Answer  of  the  Inhabitants  of  that  part  of 
Groton  commonly  called  Joint  Grass  And  Likewise  William  Lawa- 
rance  Esq""  being  heard  in  behalf  of  the  Town  of  Groton  and  the 
Matter  being  fully  Considered 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  Granted  as  that- 
Joseph  Fletcher,  Joseph  Spaulding,  Samuel  Comings,  Benjamin  Rob- 
bens,  Timothy  Read,  John  Swallow,  Joseph  Parkhurst  &  Ebenezer 
Parkhurst  Jun""  with  their  Families  and  Estates  and  other  Land  Peti- 
tioned for  be  set  off,  from  the  Town  of  Groton  and  Annexed  to  the 
Town  of  Dunstable  agreeable  to  the  Vote  of  the  Town  of  Groton 
on  the  eighteenth  of  May  1747  to  receive  Priviledge  and  do  Duty 
there  Provided  that  Timothy  Read  Constable  for  the  Town  of  Groton 
and  Collector  of  the  first  Parish  in  said  Town  the  last  Year  and  Joseph 
Fletcher  Constable  for  the  said  Town  this  present  Year  finish  their 
Collection  of  the  Taxes  Committed  or  to  be  Committed  to  them  re- 
spectively And  also  that  the  said  Inhabitants  pay  their  Proportion 
of  the  Taxes  that  are  already  due  or  shall  be  due  to  the  said  Town 
of  Groton  for  the  present  Year  for  which  they  may  be  taxed  by  the 
Assessors  of  Groton  as  tho  this  Order  had  not  past  Provided 

also  that  the  Meeting  House  for  the  Publick  Worship  of  God  in 
Dunstable  be  Erected  agreeable  to  the  Vote  of  Dunstable  relating 
thereto  in  May  AD  1753.     [^Passed  June  7. 


CHAPTEE    8. 


Legislative 
Records  of  the 
Council,  XX., 
41.    Mass. 
Archives, 
Ixxiv.,  102. 

Mass. 
Archives, 
Ixxiv.,  101. 


ORDER    PLACING    CAPT.    JN*^  LANE    AS    A    SUPERNUMERARY    AT    THE 
BLOCK  HOUSE  ON  SACO  RIVER. 

A  Petition  of  Capt  John  Lane  of  York  setting  forth  his  great 
Sufferings  by  Wounds  received  at  the  Seige  of  Louisbourg,  and  a 
long  languishing  Illness  following  thereupon,  by  which  he  is  dis- 
abled from  making  any  Provision  for  the  Support  of  himself  &, 
Family,  Praying  tlie  Compassionate  Consideration  of  this  Court 
for  his  Relief,  as  they  shall  in  their  Wisdom  judge  most  proper. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1753-54.  11 

Ordered  that  the  Pef  be  placed  as  a  Supernumerary  at  the  Block 
House  on  Saco  river  on  private  Centinel's  pay  and  subsistance  (if 
the  Commander  in  Chief  sees  cause)  till  otherways  provided  for. 
\^Passed  June  7. 


CHAPTER    9. 

ORDER    IMPOWERING    EPHR=«   SARTWELL,  GUARDIAN,  TO    SELL    REAL 

ESTATE. 

A  Petition  of  Ephraim  Sartwell  Guardian  of  Nathan  Farns-  Legislative 
worth  of  Groton  a  Person  Non  Comi^os,  shewing  that  the  income  counclf  xx^^'^^ 
of  his  Estate  is  not  sufficient  for  his  Support.  Praying  for  Liberty  *i-  ^Ma'ss. 

A.rciiiv€fs 

to  sell  his  real  Estate,  consisting  of  one  End  of  an  old  dwelling  xviii.,  950. 
House  &  about  nine  Acres  of  Land,  Mass  • 

Read  and  xvmS. 

Ordered  that  the  Prayer  of  this  Pef^  be  so  far  granted  as  that  the  House  Jour- 
within  named  Ephraim  in  his  Capacity  be  and  hereby  is  Impowered  province^' ^ ' 
to  make  Sale  of  the  real  Estate  herein  mentioned  for  the  most  the  ^ifap^io'' ^^■^' 
same  will  fetch  and  to  Execute  in  due  form  of  Law  a  good  Deed  or 
Deeds  of  the  Same  He  observing  the  directions  of  the  Law  respect- 
ing the  sale  of  real  Estates.     x\nd  out  of  the  proceeds  of  said  Sale 
to  pay  the  Just  Debts  now  due  from  the  within  named  Nathan  And 
that  the  overpluss  arising  by  said  Sale  (if  any  there  be)  to  be  applyed 
for  the  support  of  the  said  Nathan.     And  that  the  said  Ephraim 
give  Caution  to  the  Judge  of  Probate  for  the  County  of  Middlesex, 
that  the  same  shall  be  applyed  accordingly,  and  that  the  remainder 
of  said  Estate  (if  any  there  be)  after  the  Death  of  the  said  Nathan 
shall  be  divided  among  the  Lawful  Heirs  of  the  said  Nathan  agre- 
able  to  Law.     \_Passed  June  7. 


CHAPTEE    10. 

ORDER    SETTING    OFF    THEODORE    MAN    AND    HIS    ESTATE    FROM    THE 
TOWN  OF  STOUGHTON  TO  WALPOLE. 

A  Petition  of  Theodore  Man  of  Stoughton,  setting  forth  his  Legislative 
great  Distance  from  the  Place  of  publick  "Worship  in  said  Town,  councif,xx*f3. 
&  the  badness  of  the  Way  to  it,  Praying  that  he,  his  Estate  &  Mass. 
Family  may  be  sett  ofE  &  annexed  to  Walpole,  cxvi.,  348'. 

Read  &  it  appearing  that  the  Town  of  Stoughton  has  been  duly  Mass. 
Served  with  a  Copy  of  this  Petition  and  that  they  Voted  no  Answer  ^^^'^j^l'^stl'. 
should  be  given  thereto :  Therefore  Legislative 

•      Rpporcis  of  1116 

Ordered  that  the  Prayer  of  the  Petition  be  granted,  and  the  Peti-  council,  xx., 
tioner  with  His  Estate  is  hereby  sett  off  from  the  Town  of  Stough-  jour^°/^^p.  131 
ton  and  annexed  to  the  Town  of  Walpole,  there  to  do  Duty  and- (March,' 1753); 
enjoy  Priviledge  Provided  the  Pef  first  pay  his  proportion  of  all  ^^' '  ' 
Taxes  that  are  already  laid  upon  Said  Town  of  Stoughton.     [^Passed 
June  8. 


12 


Province  Laws  {Resolves,  etc.).  — 1753-54.     [Chaps.  11-13.] 


CHAPTER    11. 


Legislative 
Records  of  the 
Council,  XX., 
45.    Miiss. 
Archives,  cv., 
426. 

Mass. 

Archives,  cv., 
425.    House 
Journal,  pp.21, 
27. 


ORDER  DISCHARGING  EZRA  HARWOOD   FROM  GOAL. 

A  Petition  of  Ezra  Harwood  of  Danvers  in  the  County  of  Essex, 
shewing  that  he  became  bound  over  to  the  Court  of  General  Sessions 
of  the  Peace  for  said  County,  to  answer  a  Charge  of  being  the  Father 
of  a  Bastard  Child,  begotten  on  the  Body  of  one  Desire  Very  of  said 
Place,  that  his  Bonds  were  put  in  Suit  &  declared  forfieted  &  he  Im- 
prisoned; Butforas  much  as  he  has  satisfied  the  said  Desire  &  indem- 
nified the  District  of  Danvers  from  the  Maintenance  of  the  said  Child, 
Praying  that  he  may  be  discharged  from  the  Penalty  of  his  Bond, 

Eead  and 

Ordered  that  the  Prayer  of  the  Pet°  be  granted  and  that  the  Pef 
be  discharged  from  the  Goal  in  Salem,  He  first  paying  Court  Charges, 
and  the  Officers  and  Prison  Fees.     \^Passed  June  8. 


CHAPTER    12 


Legislative 
Records  of  the 
Council,  XX., 
45.    Mass. 
Archives, 
xviii.,  963. 

Mass. 
Archives, 
xviii.,  961. 
House  Jour- 
nal, pp.  22, 27. 


ORDER    IMPOWERING    NATH^   OSGOOD    &    ELIPHALET    PARKER    TO    RE- 
CEIVE  AND   PASS   DEEDS. 

A  Petition  of  Nathaniel  Osgood  of  Salem  &  Eliphalet  Parker 
of  Boston,  in  behalf  of  the  Heirs  of  John  Buttolph  of  Boston 
Glover  dec*^  Praying  that  they  may  be  impowered  to  make  an 
Agreement  with  the  Proprietors  of  Lancaster  New  Grant,  with 
respect  to  a  Parcell  of  Land,  containing  about  One  hundred  & 
four  Acres,  purchased  by  the  said  John  Buttolph  of  one  John 
Adams, 

[Read  and] 

Voted  that  the  Prayer  of  this  Pe*"^  be  granted,  and  that  the  Pet"s 
be  impowered  to  recieve  and  pass  proper  Deeds  for  the  purposes 
within  mentioned  accordingly.     {Passed  June  8. 


CHAPTER    13 


Legislative 
Records  of  the 
Council,  XX., 
45.    Mass. 
Archives, 
xxxii.,  358. 

Mass. 
Archives, 
xxxll.,357. 
House  Jour- 
nal, pp.  15, 16, 
27.    Province 
Laws,  xlv.,39, 
note. 


ORDER    ALLOWING    THE    ACCO^    OF    THE    TRUSTEES    OF    HASANIMISCO 

INDIANS. 

An  Accompt  presented  by  John  Chandler  &  Edward  Baker  Esq" 
Trustees  for  Hassanimisco  Indians,  of  Receipts  &  Disbursments  for 
the  said  Indians,  from  June  1752,  to  May  1753, 

Read  and 

Ordered  that  the  within  Acc*^  be  allowed.  And  that  the  Ball^ 
thereof  being  one  pound  fifteen  shillings  and  Nine  pence  three 
farthings  due  to  the  Indians  the  within  named  Trustees  are  further 
accountable  for.     \Passed  June  8. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  13 


CHAPTER    14. 

ORDER  IMPOWERING    THE    GUARDIANS    OF    ISAAC    BARKER   TO    SELL 

REAL  ESTATE. 

A  Petition  of  Elisabeth  Barker  Wife  of  Isaac  Barker  of  Pern-  Legislative 
broke  (a  Person  Non  Compos)  with  others,  Children  of  the  said  councif.xx!'^^ 
Isaac  Barker;  shewing  that  there  is  no  Prospect  of  his  Return  to  is.  Mass. 
the  exercise  of  his  Reason,  and  therefore  praying  that  his  Estate  xviii.,  958. 
may  be  settled  npon  his  Wife  &  Children  as  the  Law  directs  respect-  Mass. 
ing  Persons  deceased,  Intestate,  His  Comfortable  Support  to  be  pro-  xviii%^5^2'-960 
vided  for  out  of  his  Estate.  Legislative 

T>       1         1  Records  of  the 

Read  and  Council,  xx., 

Ordered  that  this  Pet°  be  Revived  And  that  the  Guardians  of  the  S^ouraa^*^ 
said  Isaac  Barker  make  Sale  of  so  Much  of  said  Isaacs  Real  Estate  pp.  149, 150 
as  may  be  Sufficient  for  the  Payment  of  his  just  Debts,  as  they  shall  p^34"pro^ince 
be  Examined  and  allowed  by  the  Judge  of  Probate  for  the  County  cifaTio''^^' 
of  Plymouth  and  they  are  hereby  fully  Authorized  and  impowered 
to  give  a  good  and  Sufficient  Deed  or  Deeds  for  the  Same,  first  giv- 
ing publick  Notice,  agreeable  to  the  Laws  of  this  Province  relating 
to  the  sale  of  Lands;  And  the  remainder  of  the  Real  Estate,  the 
Judge  of  Probate  of  Wills  &c  within  said  County  of  Plimouth  is 
hereby  authorized  and  impowered  by  five  sufficient  Freeholders  under 
oath  to  divide  equally  to  and  among  said  Isaac's  Children,  Saving  to 
the  Eldest  Son  a  double  Portion,  and  to  confirm  such  Division,  and 
said  Division  so  Confirmed  by  said  Judge  shall  be  as  good  &  valid 
and  have  the  same  Effect  and  Operation  in  Law  after  the  Death 
of  the  said  Isaac  as  it  would  have  had  if  the  said  Isaac  was  really 
deceased  at  the  time  of  making  such  Division ;  Saving  that  if  the 
said  Isaac  should  be  restored  to  his  Reason  and  be  capable  of  dis- 
posing of  his  Estate,  the  said  Division  sh '  be  no  Barr  or  any  man- 
ner of  Impediment  to  his  Acting  upon  said  Estate,  and  disposing 
of  the  Same  as  he  should  judge  Proper,  Also  saving  to  Elizabeth 
Wife  to  said  Isaac  one  third  part  of  the  Income  of  the  same  in  Its 
present  Condition,  if  she  should  be  a  Widdow,  And  also  saving  to 
the  Guardians,  of  the  said  Isaac,  the  Income  of  said  Estate  or  so 
much  thereof  as  the  said  Judge  shall  think  Necessary  for  the  Sup- 
port of  the  said  Isaac  and  his  Family  during  the  time  of  his  being 
non  Compos.     {^Passed  June  11. 


CHAPTER    15. 

VOTE   CALLING  A  MEETING  OF  THE  PROPRIETORS  OF  LOTS  IN  PONTOO- 

SUCK  TOWNSHIP. 

A  Petition  of  the  Proprietors  of  the  House  Lots  in  the  Town-  Legislative 
ship  on  Housatanuck  River,  commonly  called  Pontoosuck,  setting  councff,  xx!f ® 
forth  the  Difficulties  they  are  under  in  bringing  forward  their  Set-  ^1. 
tlements,  Praying  for  such  Assistance  &  Directions  from  this  Court  Mass. 

A.rcniVGS 

as  may  be  necessary  for  that  End.  cxvi.,  370-372. 

Read  &  naTp^ss".''"" 

Voted  that  Joseph  Dwight  Esq'  issue  his  Warrant  for  calling  a  Province 

*  MS.  mutilated. 


14 


Province  Laws  {Resolves,  etc.).  — 1753-54.     [Chap.  16.] 


cha^5%9^'xi.v^'  Meeting  of  the  Proprietors  of  the  House  Lots  iu  the  Township  of 
705,ciiap.  is4.''  Pontoosiick,  so  called,  on  Housatanuck  Eiver,  directed  to  one  of 
the  Principal  Pro^Drietors  of  said  Lots,  requiring  him  to  set  up  a 
Notification  in  some  publick  Place  in  said  Township,  setting  forth 
the  Time,  Place  &  Occasion  of  such  Meeting,  twenty  Days  before 
hand,  which  Meeting  shall  be  hold  en  in  said  Township;  and  sucli 
of  said  Proprietors  as  shall  be  present  at  said  Meeting,  are  hereby 
authorized  &  impowered  by  a  major  Vote,  to  grant  Moneys  for 
building  a  Meeting  House,  which  Meeting  House  shall  be  set  upon 
the  Land  reserved  for  that  Purpose  near  the  middle  of  the  Town- 
ship, as  also  for  the  Settlement  &  Support  of  a  Minister,  and  build- 
ing of  Bridges  and  repairing  of  High  Ways ;  and  are  also  impoweVed 
to  make  an  Exchange  of  j)art  of  the  School  Lot  for  part  of  the  Mill 
Lot,  with  the  Proprietor  of  the  Mill  Lot,  in  Order  for  the  accomo- 
dating of  the  Mills,  and  are  hereby  further  impowered  to  chuse  Clerks, 
Assessors,  Collectors  &  Treasurers  for  said  Proprietors,  which  Officers 
shall  be  under  Oatli  for  the  faithful  Discharge  of  their  respective 
Trusts,  and  are  hereby  vested  with  ,the  like  Powers  as  such  Officers 
in  New  Townships  are  by  LaAv  vested  with ;  and  are  also  impowered 
to  chuse  Committees  to  manage  their  publick  Affairs,  who  shall  be 
accountable  to  said  Proprietors  from  Time  to  Time,  and  that  all 
Eates  &  Taxes  that  may  be  raised  for  the  Purposes  beforementioned, 
shall  be  laid  upon  the  Sixty  House  Lots,  laid  out  in  said  Township, 
each  an  equal  Part,  exclusive  of  the  Minister,  Ministry  &  School 
Lots;  and  that  the  Payment  of  said  Taxes  may  be  enforced  from 
time  to  time,  agreeable  to  the  Directions  in  an  Act,  made  in  the 
Nineteenth  Year  of  the  Eeign  of  George  the  Second,  Chapter  8. 
And  that  said  Proprietors  at  said  Meeting,  may  agree  upon  a  Method 
of  calling  Meetings  of  said  Proprietors  for  the  future,  untill  the 
further  Order  of  this  Court;  Provided  Nothing  contained  in  this 
Order  shall  supercede,  the  Order  of  this  Court  in  April  Last,  re- 
specting taking  Possession  of  all  forfieted  Grants  after  the  Time 
limited  in  said  Order.     [^Passed  June  11. 


CHAPTEE    16. 

ORDER    CONFIRMING    THE    PROCEEDINGS    AT    A    TOWN    MEETING    IN 
SUNDERLAND   AND  CALLING  A  NEW  MEETING. 


Legislative 
Records  of  the 
Council,  XX., 

48; 

Mass. 
Archives, 
cxvi.,  397-399. 
House  Jour- 
nal, 1).  19. 
Province 
Laws,  iii.,  430, 
chap.  15. 


A  Petition  of  Samuel  Montague  &  others.  Inhabitants  of  the 
Town  of  Sunderland,  shewing  that  through  Forgetfulness  the  Offi- 
cers of  the  said  Town  for  the  Year  1752,  omitted  taking  the  Oath 
enjoined  by  Law,  respecting  the  Bills  of  Credit  of  the  Neighbour- 
ing Governments  which  has  occasioned  great  Inconveniences  in  their 
Town  Affairs;  Praying  for  Eelief  from  this  Court; 

Whereas  there  are  sundry  Disputes  arisen  in  the  Town  of  Sun- 
derland, relating  to  the  several  Town  Officers  that  were  chosen  in 
said  Town  for  the  Year  1752,  They  having  omitted  to  take  the  Oath 
required  by  the  Act  made  in  the  twenty  second  Year  of  his  present 
Majesty's  Eeign,  entitled  an  Act  for  drawing  in  the  Bills  of  Credit 
&c.  Therefore 

Ordered  that  the  said  Town  Officers  chosen  for  the  Town  of  Sun- 
derland for  the  Year  One  Thousand  seven  hundred  &  fifty  two,  upon 
their  taking  the  Oath  aforesaid,  be  &  hereby  are  confirmed  in  their 
respective  Offices,  to  which  they  were  chosen,  and  that  the  several 


[1st  Sess.]     Province  IjAVf^  {Resolves,  etc.).  — 1753-54.  15 

Transactions  &  Proceedings  of  the  Inhabitants  of  said  Town  at 
the  General  Town  Meetings  the  Year  Past,  (that  are  in  every  other 
Eespect  agreeable  to  Law),  shall  be  deemed  good  &  valid  to  all 
Intents  &  Purposes;  The  Omission  aforesaid  notwithstanding;  And 
further 

Ordered  that  the  Select  Men  of  the  said  Town  of  Sunderland 
for  the  Year  1752,  be  directed  &  impowered  to  issue  their  Warrant 
directed  to  the  Constable  of  the  said  Town  for  the  Year  1752,  to 
call  a  Meeting  of  said  Town  as  soon  as  may  be,  to  make  Choice  of 
the  several  Town  Officers  for  the  Year  Current,  which  should  have 
been  chosen  in  the  Month  of  March  last;  and  the  said  Town  Officers 
when  chosen  shall  be  as  much  obliged  (to  all  Intents  &  Purposes,)  to 
serve  in  the  said  Offices,  to  which  they  shall  be  respectively  chosen, 
as  if  they  had  been  chosen  in  the  Month  of  March  last,  \_Passed 
June  11. 


CHAPTER    17. 

ORDER  OF  NOTICE  WITH  STAY  OF  EXECUTION   ON    THE    PETITION    OF 
ABRAHAM  DAVIS  TO  SET  ASIDE   A  JUDGMENT. 

A  Petition  of  Abraham  Davis  of  Glocester  in  the  County  of  Legislative 
Essex,  shewing  that  in  a  Cause  depending  at  the  Superiour  Court  councif.xx!, 
for  the  said  County  between  Mary  Greenleaf,  Administratrix  of  AJchf^^s' 
the  Estate  of  Jose^Dh  Greenleaf  of  Newbury  Dec''  &  the  Petitioner,  xini.,  730.' 
Judgment  founded  on  the  Eeport  of  Referees  was  against  him,  and  Mass. 
forasmuch  as  one  of  the  Referees  was  personally  interested  in  the  tm\!'}M'. 
said  Judgment,  Praying  that  it  may  be  set  aside,  &  he  have  Relief  ^'^^^^  fg  "^' 
from  this  Court. 

Read  & 

Ordered  that  the  Petitioner  Serve  the  Adverse  Party  Mary  Green- 
leaf with  a  Copy  of  this  Petition  that  she  shew  Cause  if  any  she 
hath  on  the  first  Tuesday  of  the  next  Sitting  of  this  Court  why 
the  Prayer  of  the  Petition  should  not  be  granted  &  that  Execution 
be  Stayed  in  the  mean  time  Provided  the  Petition""  give  sufficient 
Security  to  the  Sheriff  of  the  County  [of]  '  Essex  to  Pay  w*  now 
is  or  may  finally  be  judged  due.     [Passed  Ju7ie  12. 


CHAPTEE    18. 

ORDER  ALLOWING  THE  ACCO^  OF  THE  TREAS^  OF  BARNSTABLE 

COUNTY. 

An  Accompt  presented  by  M""  Jonathan  Bacon  Treasurer  of  the  Legislative 
County  of  Barnstable  for  the  Year  1752,  Having  been  by  him  laid  councif, 
before  the  Court  of  General  Sessions  of  the  Peace  for  the  said  County  ^^ 


Records  of  the 

XX., 


&  by  them  allowed.  House  Jour- 

Read&  nai.pp.8,34,35. 

Ordered  that  the  within  Accompt  be  allowed,  and  the  Ballance 
thereof  being  Fourteen  Pounds  erighteen  shillings  &  six  pence  % 
the  within  named  Treasurer  is  further  accountable  to  said  County 
for.     [Passed  June  12. 

>  Inserted  from  Legislative  Records  of  the  Council,  xx.,  49. 


16 


Province  Laws  {Resolves,  etc.).  —  1753-54.     [Chaps.  19,  20.] 


Legislative 
Records  of  the 
Council,  XX., 
50.    Mass. 
Archives, 
Ixxiv.,  104. 

Mass. 
Archives, 
Ixxiv.,  104. 
House  Jour- 
nal, pp.  26, 35. 
Province 
Laws,  x.,  387, 
chap.  309. 


CHAPTEE    19. 

ORDER  ALLOWING   £3  ANNUALLY  TO  WILL^i  RUTTER. 

A  Petition  of  William  Putter  of  Mendoii,  Praying  some  further 
Allowance  from  this  Court  in  Consideration  of  the  Wounds  he  re- 
ceived from  the  Indian  Enemy  while  in  the  Service  of  this  Province, 
whereby  he  is  now  greatly  disabled, 

Read  and 

Ordered  that  the  Pef  be  annually  allowed  and  paid  out  of  the 
publick  Treasury  the  Sum  of  three  pounds  as  a  Pension  in  Consid- 
eration of  his  Services  and  Sufferings  within  mentioned.  [^Passed 
June  12. 


CHAPT,EK    20. 


Legislative 
Records  of  the 
Council,  XX., 
52.    Mass. 
Archives,  iv., 
385. 

Mass. 

Archives,  iv.,' 
379-385.    Legls. 
lative  Records 
of  the  Council, 
xix.,  488,  512, 
518,519;  XX., 46. 
House  Jour- 
nal, p.  43 
(November, 
1752) ;  pp.  10, 
31,  ib\  38. 
Province 
Laws,  xiv.,  725, 
chap.  241. 


VOTE  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE  ON  THE  LETTERS 
FROM  THE  NEW  YORK  GOVERNM^  AND  THE  PROVINCE  LANDS  AVEST 
OF  SHEFFIELD,  &c. 

The  Committee  appointed  the  9^^  of  June  Currant  to  take  under 
Consideration  the  Report  of  a  Committee  directed  to  repair  to  the 
Lands  lying  within  this  Province,  AVest  of  Sheffield  &c^  and  also  to 
take  under  Consideration  the  Papers  received  from  the  Governour 
of  New  York,  have  attended  that  Service,  so  far  as  relates  to  said 
Papers  &  report  as  follows. 

That  it  appears  by  said  Papers,  that  the  Proposal  made  by  this 
Court  to  the  Government  of  New  York,  of  appointing  Commission- 
ers to  settle  the  Line  between  the  Two  Provinces,  has  been  rejected: 
That  there  does  not  appear  by  any  Evidence  whatsoever;  to  have 
been  any  Ancient  Jurisdiction  exercised,  nor  any  ancient  Grants 
made,  by  any  States  or  Powers  in  Europe,  nor  any  ancient  Possession 
in  any  other  than  this  Government  of  any  of  the  Lands  now  held  or 
claimed  by  this  Province :  That  the  Right  of  this  Province  appears 
to  be  founded  upon  Grants  as  ancient  as  the  Year  1620,  &  their 
Possession  &  actual  Improvement  of  a  considerable  Part  of  the 
Lands  to  the  Westward  of  Connecticut  River  is  of  more  than  One 
hundred  Years  Standing,  and  must  have  been  known  to  every  Gov- 
ernment on  the  Continent,  and  therefore  it  is  surprizing  that  the 
Government  of  New  York,  now  seem  to  be  unacquainted  with  it: 
That  therefore  it  can  by  no  Means  be  adviseable  for  this  Govern- 
ment now  to  susj)end  the  Exercise  of  their  Jurisdiction,  but  on  the 
Contrary  it  behoves  them  to  go  on  in  setling  the  Lands,  and  regu- 
lating and  governing  the  Inhabitants,  according  to  the  Right  given 
them  by  Charter. 

The  Committee  desire  Leave  to  sit  again,  to  consider  the  Report 
of  the  above  mentioned  Committee  &c* 

Jacob  Wendell  by  Order, 

Read  &  Accepted,  and 

Voted  that  the  Committee  sit  again  &  make  further  Report  on  the 
Affairs  refer'd  to  them.     \^Passed  June  12.^ 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  June  13. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  17 

CHAPTEE    21. 

ORDER  GRANTING  A  LOAN  OF   £468  TO  RICHARD  HAZZEN. 

A  Petition  of  Richard  Hazzen,  shewing  that  in  setling  the  Line  Legislative 
between  this  Province  &  the  Province  of  New  Hampshire,  one  third  coSnc'if  xx!*^^ 
part  of  the  Town  of  Haverhill  fell  within  that  Province,  Whereupon  5i.  Mass. 
the  Ancient  Proprietors  who  held  their  Lands  by  Virtue  of  Grants  121.  ^^  ^'  ^^'' 
from  this  Government,  were  pursued  in  the  Law  by  Persons  claim-  Mass. 
ing  the  said  Lands  by  TiQVf  Titles  under  the  Government  of  New  ng^^^House^'' 
Hampshire,  That  the  Petitioner  has  assisted  the  People  thus  injuri-  Journal,  pp.  12, 
ously  molested,  with  his  Advice  &  Time,  and  by  defending  their  Eace^Laws?^" 
Cause  in  the  Courts  of  said  Province,  without  receiving  any  Fees  x^i^.,  321,  chap, 
from  them,  and  so  much  to  His  Loss  that  he  has  been  obliged  to 
mortgage  his  Estate  for  near  Thirty  five  hundred  Pounds  Old  Tenor, 
Therefore  Praying  for  the  Gift  or  Loan  of  so  much  Money  as  will 
discharge  the  Mortgage  aforesaid. 

Eead  and 

Ordered  that  the  Prayer  of  the  Pe'""  be  so  far  granted  as  that  the 
Pef  recieve  out  of  the  publick  Treasury  the  Sum  of  four  hundred 
Sixty  Eight  pounds  upon  Loan  free  of  Interest  for  the  term  of  five 
Years.  He  first  giving  Bond  with  sufficient  Sureties  for  the  repay- 
ment of  said  Sum  at  the  expiration  of  the  time  abovementioned. 
{^Passed  June  13. 

CHAPTER    22. 

ORDER  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE  ON  LETTERS  IN 
REGARD  TO  EASTERN  INDIANS. 

The  Committee  to  whom  was  referr'd  the  Consideration  of  the  Legislative 
Letters  His  Honour  had  received  from  Capt  William  Lithgow  of  counc*if,xx!!^*^ 
Richmond  Fort,  and  from  the  Penobscot  Indians,  do  report  that  si.  Mass'.'  '* 
the  Englishman  got  on  Montinicus  Island,  be  immediately  removed  xxxii.Tl64. 
from  thence,  He  having  no  Right  to  said  Island:  And  that  it  be  Mass. 
recommended  to  the  Gentlemen  that  are  settling  up  Kennebeck  xxxn.I?i2. 
River,  to  give  such  Satisfaction  to  the  Indians  as  to  make  them  i*^^^^!?"^?  ^ 
easy,  and  allow  of  their  going  on  with  their  Settlement  up  said  council^  xx.,^ 
River.     All  which  is  humbly  submitted.  journa"pp!9, 

Jacob  Wendell  by  Order,      38,47. 

Read  & 

Ordered  that  this  Report  be  Accepted.     \^Passed  June  13. 


CHAPTER    23. 

ORDER  SETTING  OFF  JEDEDIAH  MORSE   AND  JAMES   PLYMPTON    WITH 
THEIR  ESTATES  FROM  STOUGHTON  TO   WALPOLE. 

A  Petition  of  Jedediah  Morse  &  James  Plympton  of  Stoughton,  Legislative 
setting  forth  their  great  Distance  from  the  Place  of  publick  Wor-  council"  xl*^^ 
ship  in  said  Town  &  other  Inconveniences  attending  them  there,  ^  Mass. 
Praying  that  they,  their  Families  &  Estates  may  be  sett  off  from  cxvi.,  337! 
Stoughton  &  annexed  to  the  Town  of  Walpole,  Mass. 

Archives, 


18 


Province  Laws  (^Resolves,  etc.).  — 1753-54.     [Chaps.  24,  25. J 


cxvi.,  336. 
Legislative 


Eead  &  it  appearing  that  the  Town  of  Stoughtou  has  been  duly 
RecordTof  the  served  with  a  Copy  of  this  Pet"  &  that  they  Voted  no  Answer  should 
be  given  thereto,  Therefore 

Ordered  that  the  Prayer  of  the  Pef"  be  granted,  &  the  Pet"  with 
their  Estates  are  hereby  set  off  from  the  Town  of  Stoughton  &  an- 
nexed to  the  Town  of  Walpole,  there  to  do  Duty  &  enjoy  Privilege 
Provided  the  Pef^  first  Pay  their  Propor''  of  all  Taxes  that  are  already 
laid  on  the  Town  of  Stoughton.     [Passed  J^ine  IS. 


Council,  XX 
52.    House 
Journal,  p.  132 
(March,  1753) ; 
p.  3Sa. 


Legislative 
Records  of  the 
Council,  XX., 
52.    Mass. 
Archives, 
cxxi.,  2Sy. 

Mass. 
Arcliives, 
cxxi.,  286-289. 
House  Jour- 
nal, pp.  59,  88 
(December, 
1752);  pp.  35. 38. 


CHAPTEE    24. 

ORDER  ALLOWING   £60  FOR  CLEARING  A  ROAD  TOWARDS  ALBANY. 

A  Eeport  made  by  Elisha  Hawley  Esq''  of  his  marking  out  a  Eoad 
from  the  Western  Part  of  this  Province  towards  Albany  by  Order  of 
the  House: 

Read  and 

Ordered  that  the  Sum  of  Sixty  pounds  be  granted  and  paid  out 
of  the  publick  Treasury  to  Oliver  Partridge  Esq""  to  be  improved 
for  the  clearing  a  Road  &c  for  the  purpose  within  mentioned,  as 
soon  as  may  be,  and  in  the  Cheapest  Manner.  He  to  be  Account- 
able to  this  Court  for  his  Disbursments  in  this  Affair.  [Passed 
Jime  13. 


CHAPTER    25 


ORDER    IMPOWERING    JN"  &    RICH^    BILLINGS    TO    BRING    FORWARD    A 

WRIT  OF  REVIEW. 


Legislative 
Records  of  the 
Council,  XX., 
46.    Mass. 
Arcliives, 
xliii.,  704. 

Mass. 
Archives, 
xliii.,  702. 
Legislative 
Records  of  the 
Council,  XX., 
53.    House 
Journal,  pp.30, 
41,  42. 


A  Petition  of  John  &  Richard  Billing  of  Boston,  shewing  that 
at  the  Inferiour  Court  of  Common  Pleas  for  the  County  of  Suffolk, 
held  in  April  last,  William  Read  as  Attorney  to  John  Bannister, 
brought  a  Writ  of  Scire  Facias  against  them  upon  a  former  Judg- 
ment recovered  against  them  as  Trustees  to  one  Sam^  Forster  an 
absconding  Debtor;  and  purely  by  the  Neglect  of  their  Attorney, 
Judgment  was  against  them.  Praying  that  they  may  be  admitted  to 
a  Review,  and  that  Execution  on  the  said  Judgment  may  be  staid. 

Read  and  it  appearing  that  the  above  named  William  Read  has 
been  duly  Served  with  a  Copy  of  the  Within  Petition  Therefore 

Ordered  that  the  Petitioners  be  &  hereby  are  allowed  to  enter 
their  Review  of  the  Action  within  mentioned  at  the  Inferiour  Court 
of  Common  Pleas  to  be  holden  at  Boston  within  and  for  the  County 
of  Suffolk  on  the  first  Tuesday  of  July  next  &  the  Justices  of  the 
said  Court  Are  hereby  impowered  to  hear  &  determine  the  same, 
enter  up  Judgement  &  Award  Execution  thereon  Provided  the  Pef* 
give  Sufficient  Caution  to  the  Sheriffs  of  the  County  of  Suffolk  to 
pay  what  now  is  or  finally  may  be  Adjudged  due.    [Passed  June  14. 


[1st  Sess.]     Province  Laws  (Besolves,  etc.).  — 1753-54.  19 

CHAPTER    26. 

ORDER  ALLOWING  £1.  7.  3:^  TO   JOHN  RUSSELL. 

A  Petition  of   John  Russell  of   Killingley,   shewing  that  he  Legislative 
served  this  Government  on  board  the  Ship  Massachusetts  Frigate,  councif  xx**^^ 
from  the  8"^  of  March  1744,  to  the  20t\  December  1745,  for  which  f^^^^^^y  " 
he  has  had  no  Pay  for  the  first  Month,  Praying  that  his  Wages  ixiv-.^Isl.' 
may  be  allowed  to  him  out  of  the  publick  Treasury,  Mass. 

Read  and  i^^cMyes 

i-iT  Ti  Ixiv.,  oo3, 556. 

Ordered  that  the  bum  of  One  pound  seven  shillings  and  three  House  Jour- 
pence  one  farthing  be  allowed  the  Pef  out  of  the  publick  Treasury  ^'''^-pp-^^'^^. 
in  full  for  Wages  due  to  him  as  herein  mentioned.    [^Passed  June  14. 


CHAPTER    27. 

ORDER  IMPOWERING  WILLIAM  GAMMAGE,  EXECUTOR,   TO    SELL   REAL 

ESTATE. 

A  Petition  of  William  Gamage  &  others,  Heirs  of  John  Gamage  Legislative 
late  of  Ipswich  Dec'^  shewing  that  they  have  sufficient  Evidence  to  coumjli^  xx!*^^ 
produce  that  it  was  his  real  Intention  by  his  last  Will  &  Testament  54.  Mass. 
to  impower  his  Executors  to  sell  his  Real  Estate;  but  through  the  xviii., 939. 


Unskilfulness  of  the  Scribe  it  was  not  so  express'd;  And  for  as  much  Mass. 
as  that  would  be  of  great  Advantage  to  the  Heirs,  therefore  Pray-  xvm%*3T 
ing  that  the  Executor  may  be  impowered  by  this  Court  to  sell  the  House  Joiir-^ 
said  Real  Estate  accordingly.  ^^ll^^^'r^"-^'^' 


ovince 


Read  and  ^ha^f'io."  ^"' 

Ordered  that  William  Gammag[e]  '  the  Executor  of  the  last  Will 
and  Testament  of  the  Deceas'd  be  and  hereby  is  Impowered  to  make 
Sale  of  his  real  Estate. 

He  observing  the  directions  of  the  Law  respecting  the  Sale  of  real 
Estates. 

And  giving  Caution  to  the  Judge  of  Probate  for  the  County  of 
Middlesex  that  the  Proceeds  of  said  Sale  shall  be  distributed  among 
the  Minors  according  to  Law.     \_Passed  June  14. 


CHAPTER    28. 

ORDER  ALLOWING  GERMANS  TO  DISPOSE   OF    THEIR    RIGHTS    IN    NEW 
TOWNSHIP  AT  FORT  MASSACHUSETTS. 

Whereas  A  Number  of  Germans  Appear  desireous  to  Joyn  in  Legislative 
Setling  the  Township  at  Fort  Massachusetts  lately  Granted  to  Thirty  clV^MX^T 
one  German  Petitioners  with  A  Number  of  English  Who  shall  Ap-  54.  Mass. 
pear  to  purchase  Rights  in  Order  to  a  Settlement  And  there  Appear-  228. 
ing  Several  of  the  S*^  Petitioners  willing  to  Resign  their  Interest  in  Mass. 
S-i  Grant  &  that  Others  may  be  Admitted  in  their  Stead  MT^'^Housr'"' 

Voted  that  the  Com**^^  Appointed  by  this  Court  to  Admit  Setlers  Journal,  p.  41. 
&c  in  S*^  Township  be  impowered  &  Directed  to  Admit  Others  of  the  chap.  3.' " 
S*^  Germans  into  the  S'^  Township  on  the  Conditions  of  the  Afore  S*^ 

1  MS.  mutilated. 


20 


Province  Laws  {Resolves^  etc.).  — 1753-54.     [Chaps.  29,  30.] 


Grant  In  the  Room  &  Stead  of  Such  of  the  S*^  Petitioners  As  Shall 
Appear  Willing  within  one  month  to  Eesign  their  Interest  in  S*^ 
Grant  Pkovided  That  they  do  not  give  Anything  to  the  first 

Grantees  in  Consideration  of  their  being  Admitted  in  their  Room. 
\^Passed  June  14. 


Legislative 
Records  of  tiie 
Council,  XX., 
54.    Mass. 
Archives, 
xviii.,  932. 

Mass. 
Archives, 
xviii.,  931-933. 
House  Jour- 
nal, pp.168, 170 
(April,  1753) ; 
pp.  11,  39. 


CHAPTEK    29. 

ORDER    IMPOWERING    REBECCA    WELLINGTON,   ADM^,   TO    EXECUTE    A 
DEED  AND  TO  JOIN   WITH   OTHERS  IN  A  SALE   OF  REAL  ESTATE. 

A  Petition  of  Rebecca  Wellington,  Widow  &  Administratrix  of 
Timothy  Wellington  late  of  Lexington  dec''  shewing  that  her  said 
Husband  in  his  Life  time  agreed  with  Joseph  Wellington  of  Wal- 
tham  in  Consideration  of  the  Sum  of  One  hundred  &  fifty  Pounds 
in  Bills  of  Credit,  in  hand  received  to  convey  to  him  One  whole 
Right  of  Land  in  the  Narraganset  Township  N°  2,  with  all  the 
Lotts  &  after  Divisions  belonging  thereto,  &  that  a  Deed  was  drawn 
accordingly,  but  her  said  Husband  died  before  it  was  executed, 
Therefore  Praying  that  the  Petitioner  may  be  impowered  to  exe- 
cute a  Deed  of  the  same  Import,  as  also  join  with  the  said  Joseph 
in  the  Sale  of  a  dwelling  House,  Grist  Mill  &  Land  held  in  Com- 
mon, between  her  late  Husband  &  the  said  Joseph  Wellington,  & 
lying  in  the  Town  of  Waltham, 

Read  and 

Ordered  that  the  Pef  be  and  She  hereby  is  Impowered  to  give  a 
Deed  according  to  Law  to  the  within  named  Joseph  Wellington  of 
the  Lott  lying  in  Narragansett  N°  2.  And  that  She  be  also  im- 
powered to  Joyn  with  Joseph  and  Thomas  Wellington  to  make  Sale 
of  the  Estate  lying  in  Waltham,  and  to  give  a  good  [Deed]  '  or 
Deeds  of  the  Same  She  to  be  accountable  to  the  Judge  of 

Probate  for  the  County  of  Middlesex  for  the  proceeds  of  said  Sale. 
\^Passed  June  14. 


CHAPTER    30. 


Legislative 
Records  of  the 
Council,  XX., 
55.    Mass. 
Archives, 
Iviii.,  376. 

Mass. 
Archives, 
Iviii.,  375. 
House  Jour- 
nal, pp.  16,  23 
(June,  1736) ; 
p.  91  (Decem- 
ber, 1737) ; 
pp.  381,  42,  43. 
Province 
Laws,  xil.,281, 
Chap.  47. 


RESOLVE  FOR  RECORDING  THE  GRANT  &  CONFIRMATION  OF  500  ACRES 
OF  LAND  TO  THE   TOWN   OF  PEMBROOK. 

Whereas  it  appears  that  in  June  1736.  a  Grant  was  made  to  the 
Town  of  Pembrooke  of  five  hundred  acres  of  the  unappropriated 
Lands  of  the  Province  to  enable  them  to  keep  a  Grammer  School, 
and  upon  the  sixteenth  day  of  December  1737.  A  Plat  of  Five  hun- 
dred acres  of  Land  Surveyed  and  laid  out  by  Nathaniel  Kellogg 
Surveyor,  and  two  Chain-men  on  Oath  to  satisfy  said  Grant,  bounded 
North  on  Northfield  South  bounds.  East  and  South  on  Province 
Lands  &  West  on  Connecticut  River,  was  presented  for  allowance, 
accepted  and  confirm'd  in  usual  Form  as  appears  by  the  Journal  of 
the  House  of  Representatives,  and  inasmuch  as  the  Record  of  said 
Grant  and  Confirmation  of  said  Plat  was  lost,  when  the  Court  house 
was  burnt 

Resolved,  That  a  new  Record  be  made  of  said  Grant  and  Confir- 
mation of  the  Plat,  agreeable  to  a  Copy  taken  from  the  Secretary's 
Office  before  the  Court  house  was  burnt,  and  what  appears  in  the 

*  Inserted  from  Legislative  Records  of  the  Council,  xx.,  54. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1753-54.  21 

Journal  of  the  House  of  Representatives,  and  that  the  Town  of 
Pembroke  be  directed  to  ascertain  the  Bounds  of  said  Farm  within 
Six  Months.     [^Passed  June  14. 


CHAPTER    31. 

ORDER  ALLOWING   £11.  17.  4  TO   JOSEPH  KELLOG. 

A  Petition  of  Joseph  Kellog  shewing  that  he  attended  at  several  R|fords"of  the 
Interviews  between  the  Governours  of  this  Province  &  the  Western  council,  xx., 
Tribes  of  Indians  as  Interpreter,  for  which  he  has  had  no  Allow-  ArcWvea,' 

ance,  praying  that  he  may  be  now  allowed  out  of  the  Treasury,  xxxii.,  36i. 

sufficient  to  satisfy  him  for  said  Service,  Archives 

Read  and  xxxu.,  seb. 

Ordered  that  the  Mem°  be  allowed  and  paid  out  of  the  publick  na^i^pp.  n^h. 
Treasury  the  Sum  of  Eleven  pounds  Seventeen  Shillings  and  four 
pence  in  full  for  the  services  within  refer'd  to.     [^Passed  June  14. 


CHAPTER    32. 

ORDER  ACCEPTING  THE   REPORT  OF    THE    COMMITTEE    ON    THE    PETI- 
TION OF  THE  NANTUCKET  INDIANS. 

EzEKiEL  Chever  Esq"  from  the  Committee  of  both  Houses  gave  Legislative 
in  their  Report  on  the  Affair  of  the  Nantucket  Indians  [Complain-  coSnc'if.  xl?^ 
ing  of  great  Injustice  &  Oppression  from  the  English  Inhabitants  ^t^^^^^^l^^^ 
there]  ;  Which  was  accepted  by  the  Council  &  House  of  Rep-  xxxu.,  383. 

resentatives  with  Amendm*^  &  as  amended  is  as  follows,  viz  Mass. 

The  Committee  appointed  to  consider  the  Petition  of  a  Number  xxxu^ssi. 
of  the  Indians  of  Nantucket,  Having  met  &  heard  the  said  Indians  House' Jour^ 
report  their  Opinions ;  That  Roland  Cotton,  David  Crocker  &  Zacheus  provinc'/' 
Mayhew  Esq"  be  appointed  &  impowered  to  repair  to  the  Island  of  ^ifa'^^;!^"' ■'^'^' 
Nantucket,  as  soon  as  may  be,  &  make  Inquiry  into  the  Grievances 
suggested  &  complained  of  by  the  Indians  in  their  Petition,  &  other 
Papers  accompanying  the  same,  and  all  other  Matters  of  Complaint 
now  subsisting.  That  the  Committee  have  Power  to  send  for  Per- 
sons &  Papers  as  Occasion  may  be.  That  they  endeavour  an  Accomo- 
dation of  those  Differences  between  the  English  &  Indians,  and  make 
Report  to  this  Court  of  their  Doings  therein,  and  of  what  they  shall 
judge  proper  for  this  Court  to  do  further  thereon, 

EzEK.  Chever  per  Order. 

Ordered  that  this  Report  be  Accepted.     \^Passed  June  14. 


CHAPTER    33. 

ORDER  APPOINTING  A  COM'^^^^  FOR  BURN^  TORN  AND   DEFACED    BILLS 

OF  CREDIT. 

In  the  House  of  Represent^^^                                                        Srds  of  the 
Ordered  that  M^  Speaker  M'  Allen  M'  James  Bowdoin  M'  Welles  council,  xx., 
and  M^  James  Russell  with  such  as  the  Hon""^  Board  shall  Joyn  be  Archive8%iii.. 
a  Comm««  to  take  an  Ace*  of  the  torn  and  defaced  Bills  of  Credit  ^^ 


22 


Province  Laws  {Resolves,  etc.).  — 1753-54.     [Chaps.  34-36.] 


House  Jour-      and  Government  s  securitys  now  m  the  hands  of  the  Treasurer  and 

nal,  p.  45.  ^^  ,  1  X       *    1 

Consume  them  to  Ashes 

And  Eeport  thereon  at  the  next  Sitting  of  this  Court 
In  Councill 

Eead  &  Concur'd  and  J :  Osborne  Jacob  Wendell  Sam^  Danforth, 
Sam'  Watts  &  A :  Oliver  Esq""*  are  Joyn'd  in  the  Affair.  \_Passed 
June  15. 


Legislative 
Records  of  the 
Council,  XX., 
56.    Maes. 
Archives,  ciii., 
149. 

House  Jour 
nal,  p.  45. 


CHAPTER    34. 

VOTE  DIRECTING  THE  PROVINCE  TREASURER  TO  RECEIVE    PROVINCE 
BILLS  OF  CREDIT  FOR  PUBLIC  TAXES. 

Voted  that  the  Treasurer  be  directed  and  He  is  hereby  impowered 
to  recieve  of  the  several  Constable  and  Collectors  the  Bills  of  Credit 
on  the  Province  for  the  publick  Taxes  now  outstanding.  And  the 
said  Constables  and  Collectors  are. directed  and  impowered  to  re- 
cieve the  said  Bills  for  the  said  Taxes.     \^Passed  June  15. 


Legislative 
Records  of  the 
Council,  XX., 
56.    Mass. 
Archives, 
Ixxiv.,  109a. 

House  Jour- 
nal, p,  48. 


CHAPTER    35. 

ORDER  ALLOWING  £10  TO  LAZARUS  NOBLE  AND   BENJAMIN  MITCHELL. 

Ordered  that  the  Sum  of  ten  pounds  be  granted  out  of  the  pub- 
lick  Treasury  to  Lazarus  Noble  and  Benj'^  Mitchell  in  order  to  enable 
them  to  proceed  to  Canada  for  the  redemption  of  their  Children. 
[^Passed  June  15. 


Legislative 
Records  of  the 
Council,  XX., 
57. 

Mass. 
Archives, 
xviii.,  891-S93. 
House  Jour- 
nal, pp.  19,  25, 
26,  45. 


CHAPTER    36. 

ORDER  ON  THE  PET^  OF  ZEPHANIAH  MORTON  AND  OTHERS  CONFIRM- 
ING A  SETTLEMENT  OF  AN  ESTATE. 

A  Petition  of  Zephaniah  Morton  &  others,  Children  of  George 
Morton  late  of  Plymouth  Dec'^  shewing  that  their  Father  died  in 
the  Year  1731,  that  in  the. Year  1742,  they  all  with  their  Brother 
(now  deceased)  amicably  agreed  upon  a  Parole  Division  of  their 
Fathers  Estate  (being  then  all  of  Age)  &  enter'd  upon  the  Pos- 
session of  their  respective  Parts,  Intending  speedily  to  execute 
an  Instrument  for  the  Confirmation  of  their  said  Agreement;  but 
William  Morton  one  of  the  Sons  died  before  the  Matter  was  accom- 
plished; and  therefore  Praying  that  this  Court  would  enable  the 
Petitioners  with  Joseph  Warren  Guardian  to  William  Morton  the 
Grandson  of  George  Morton,  to  execute  a  proper  Agreement  in 
Writing  among  themselves,  &  to  make  it  valid  in  Law. 

Eead  & 

Ordered  that  the  Prayer  of  the  Petition  be  granted,  and  that  the 
several  Divisions  set  off  to  the  several  Heirs  of  George  Morton  late 
of  Plymouth  dec*^  as  by  their  Deed  dated  April  24.  last,  be  &  hereby 
are  confirmed  &  made  as  effectual  in  Law  to  all  Intents  &  Purposes, 
and  the  several  Parts  &  Shares  to  each  of  the  said  Children  therein 


[1st  Sess.]     Province  Laws  (Hesolves,  etc.).  — 1753-54.  23 

mentioned  to  remain  as  fully  to  them  &  each  of  them,  their  &  each 
of  their  Heirs  &  Assigns,  as  if  the  said  William  the  Minor  had  been 
of  full  Age,  &  executed  said  Deed  himself.     [Passed  Jti?ie  15. 


CHAPTEE    37. 

ORDER  ALLOWING  PROVINCE  LAW   BOOKS   TO  THE  NEW  DISTRICTS.      Legislative 

Records  of  the 
.  Council,  XX., 

Ordered  that  the  several  Districts  that  have  been  Erected  in  this  57.  Mass. 
Province  be  allowed  a  Law  Book  at  the  Publick  Charge.     [Passed  xwiujm. 

June  15.  House  Jour- 
nal,  p.  45. 


CHAPTER    38. 

ORDER  IMPOWERING  SOLOMON  KNEELAND,  GUARDIAN,  TO  SELL  LAND. 

A  Petition  of  Solomon  Kneeland,  Guardian  of  Katherine  Phips  Legislative 
a  Minor,  shewing  that  her  Real  Estate  is  in  such  Circumstances  as  couucif  xx^^^ 
to  be  of  little  Profit  to  her,  &  that  it  would  be  of  much  more  Ad-  57.  Mass. 
vantage  to  have  it  converted  into  Money;  Praying  to  be  impowered  xviii.79«'*. 
by  this  Court  to  sell  it.  Mass 

Head  and  _  xviii!,^946. 

Order'' d  that  the  Prayer  of  this  Petition  be  granted,  &  that  the  House  Jour- 
Petitioner  in  his  said  Capacity  be  and  he  is  hereby  impowerd  to  provmce 
make  Sale  of  the  Piece  of  Land  withinmentioned,  to  as  good  ad-  ^jfap^'^o"'  ^^^* 
vantage  as  may  be ;  the  Proceeds  of  such  Sale  to  be  applyed  to  the 
use  therein  mentioned:  The  s'*  Guardian  to  observe  the  Direction  of 
the  Law  (respecting  the  Sale  of  Real  Estates  by  Executors  &  Ad- 
ministrators) as  to  time  &  manner  of  giving  previous  Publick  notice 
of  the  intended  Sale.      [Passed  June  15. 


CHAPTER    39. 

ORDER  DISCHARGING  WILL«  BOARDMAN,  JUN«,  FROM  GOAL. 

A  Memorial  of  William  Boardman  jun''  of  Chelsea,  shewing  that  Legislative 
he  is  imprisoned  (by  Virtue  of  a  Warrant  from  the  Treasurer)  for  not  councif,  xx!,  ^ 
collecting  the  Taxes  committed  to  him ;  Praying  for  Enlargement  that  ^rcMvYs^'cv 
he  may  be  enabled  to  collect  the  Taxes  or  sell  his  own  Estate  to  make  432^ 


up  Deficiences  Mass. 

Read  and  '  ^t'l'on^- 

Ordered  that  the  Pef  have  liberty  to  come  out  of  Goal  He  first  '^°"^°f^^ 
paying  Charges.     And  giving  Bond  with  sufficient  Sureties  to  pay 
the  whole  Sum  (for  which  He  is  noAv  confin'd  in  said  Goal)  to  the 
Province  Treasurer  on  or  before  the  tenth  of  June  next.     [Passed 
June  15. 


21 


Province  Laws  {^Eesolves,  etc.).  — 1753-54.     [Chaps.  40-42.] 


CHAPTEE    40. 


ORDER  ALLOWING  £3.  18  TO  ZECHARIAH  EMERY. 


Legislative 
Records  of  the 
Council,  XX., 
5S.    Mass. 
Archives, 
Ixxiv.,  103. 

Mass. 
Archives, 
Ixxiv.,  103. 
House  Jour- 
nal, pp.  38",  43. 


A  Petition  of  Zechariah  Emery,  Praying  that  he  may  be  allowed 
out  of  the  Treasury  for  the  Loss  of  his  own  &  his  Sons  Gun  in  the 
late  Expedition  against  Cape  Breton,  while  they  were  in  the  Service 
of  this  Province. 

Read  and 

Ordered  that  the  Pef  be  allowed  and  paid  out  of  the  publick 
Treasury  three  pounds  Eighteen  Shillings  in  full  Consideration  for 
the  Loss  of  the  Two  Guns  within  mentioned.     \_Passed  June  15. 


CHAPTER    41. 


ORDER  ALLOWING   £3,  AND  A    FURTHER    SUM    OF    40/    ANNUALLY  TO 

JOSIAH  MEAD. 


Legislative 
Records  of  the 
Council,  XX., 
58.    Mass. 
Archives, 
Ixxiv.,  10,5. 

Mass. 
Archives, 
Ixxiv.,  105. 
House  Jour- 
nal, pp.  44, 46. 


A  Petition  of  Josiah  Mead  of  Pembroke,  setting  forth  his  long 
Services  &  Sufferings  in  the  Wars  against  the  French  &  Indians ;  by 
which  he  is  now  in  his  advanced  Age  render'd  unable  to  support  him- 
self; Praying  that  this  Court  would  make  him  some  suitable  Allow- 
ance for  his  Support, 

Read  and 

Ordered  that  the  Pef  be  allowed  out  of  the  publick  Treasury 
three  pounds  in  consideration  of  his  jDast  services  And  that 

He  be  allowed  forty  Shillings  Annually  for  his  Subsistance  during 
his  Natural  Life.     [^Passed  Jtme  15. 


CHAPTER    42. 


ORDER  IMPOWERING  THE   JUDGE  OF  PROBATE  TO  GRANT    FURTHER 
TIME  FOR  ENTERING  A  CLAIM  AGAINST  AN  ESTATE. 


Legislative 
Records  of  the 
Council,  XX., 
60.    Mass. 
Archives, 
xviii.,  951. 

Mass. 
Archives, 
xviii.,  951. 
House  Jour- 
nal, pp.  46, 48. 


A  Petition  of  Samuel  Blogget,  shewing  that  he  has  a  Claim 
of  £101.16/  Old  Tenor,  upon  the  Estate  of  Caleb  Blogget  late  of 
Woburn  dec*^  represented  Insolvent,  that  by  Reason  of  his  Papers 
being  mislaid,  he  lapsed  the  time  for  examining  Claims  but  hav- 
ing now  found  them,  praying  that  he  may  be  allowed  to  make  his 
Claim,  &  come  in  for  his  Proportion  of  the  said  Estate,  with  the 
other  Creditors, 

Read  and 

Ordered  that  the  Prayer  of  this  Pet"  be  granted.  And  the  Judge 
of  Probate  for  the  County  of  Middlesex  is  hereby  impowered  to  allow 
three  Months  from  this  time  for  the  Creditors  to  bring  their  Claims 
to  the  Estate  within  mentioned.     [Passed  June  16. 


[1st  Sess.]     Province  Laws  {Resolves^  etc.).  — 1753-54.  25 


CHAPTER    43. 

VOTE  FOR  CALLING  A  MEETING  OF  THE  PARISH  OF  QUABIN. 

A  Petition  of  Jacob  Osborne  &  others,  Inhabitants  of  the  Parish  Rifordfolthe 
of  Qnabin,  shewing  that  by  Mistake  their  last  March  Meeting  was  council,  xx., 
summoned  by  the  Assessors  of  the  last  Year  &  not  by  the  Parish  ArcMv'eT,' 
Committee  as  the  Law  directs;  by  which  all  their  Transactions  in  cxvi., 368. 
said  Meeting  are  Null  &  Void,  Praying  that  they  may  hold  another  ^^^^j^^g 
Meeting  for  chusing  Officers  &  for  other  Affairs  of  the  Parish,  cxvi.,  36?'. 

Read  and  nai,  pp.  34,50. 

Ordered  that  the  Parish  Committee  of  Quabin  (so  called)  for  the 
last  Year  be  and  they  hereby  are  Impowered  and  directed  as  soon  as 
may  be  to  Issue  their  Warrant  for  a  Meeting  of  their  said  Parish 
at  such  time  and  place  as  they  shall  appoint 

And  said  Parish  when  Assembled  shall  be  Impowered  by  a  major 
Vote  to  Chuse  such  Parish  Officers  as  by  Law  they  might  have  done 
in  the  month  of  March  last.     \^Passed  June  18. 


CHAPTER    44. 

VOTE  APPOINTING  A  COM'^^^  TO  FARM  OUT  THE  EXCISE  FOR  SUFFOLK 

COUNTY. 

In  the  House  of  Eepresentatives ;                                                 Refords^of  the 
Voted  that  M'  Welles  &  Capt  Spur  with  such  as  the  Hon^^^  Board  councif,  xx., 
shall  join  be  a  Committee  to  farm  out  the  Excise  for  the  County  of  ^L . 

In  Council;  Eead  &  Concur'd;  And  Jacob  Wendell  Esq''  is  joined  note.  House 
in  the  xifEair.     {^Passed  June  19.  ouma.p.o.. 


CHAPTER    45. 

VOTE  APPOINTING  A  COM^ee    TO    FARM    OUT    THE    EXCISE    FOR    ESSEX 

COUNTY. 

In  the  House  of  Representatives ;  R®^'^!?"^f  th 

Voted  that  M""  Coggswell  &  M""  Greenleaf  with  such  as  the  Hon"^  councif.xx.,  ^ 

Board  shall  join,  be  a  Committee  to  farm  out  the  Excise  for  the  ^1; 

County  of  Essex.  MiTsr""' 

In  Council ;  Read  &  Concur'd ;  And  Benjamin  Lynde  Esq'  is  joined 
in  the  Affair.     \_Passed  June  19. 


26 


Province  Laws  ( Resolves,  etc.).  — 1753-54.     [Chaps.  46-49.] 


CHAPTER    46. 


VOTE  APPOINTING  A  COM'^^'^  TO  FARM  OUT  THE  EXCISE  FOR  MIDDLES^ 

COUNTY. 


Rlfor!.Rthe  I^  ^^^®  House  of  Representatives ; 

Council, XX.,  Voted  that  M'  James  Eussell  &  Cp*  Livermore  with  such  as  the 

Hon^'®  Board  shall  join,  be  a  Com'^®^  to  farm  out  the  Excise  for  the 

County  of  Middlesex. 

In  Council;  Read  &  Concur'd;  And  Ezekiel  Chever  Escf  is  joined 

in  the  Affair.     \^Passecl  June  19. 


House  Jour- 
nal, p.  52. 


CHAPTER    47. 

VOTE  APPOINTING  A   COM^ee  ^Q  FARM   OUT   THE    EXCISE    FOR    HAMPS. 

COUNTY. 

Refords'of  the  ^^  ^^^^  House  of  Representatives; 

Council,  XX.,  Voted  t\i?it  CoP  Patridge  &  CoP  Worthington  with  such  as  the 

— Hon'''®  Board  shall  join,  be  a  Com*®®  to  farm  out  the  Excise  for  the 

K^M."''"      County  of  Hampshire.  In  Council;  Read  &  Concur'd;  And 

Eleazer  Porter  Esq"  are '  joined  in  the  Affair.     \_Passed  June  19. 


CHAPTER    48. 

VOTE  APPOINTING  A  COM^ee  TO  FARM   OUT  THE   EXCISE  FOR  WORCES- 
TER COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
61. 

House  Jour- 
nal, p.  52. 


In  the  House  of  Representatives; 
Voted  that  Capt  Mercy  &  Cap*  Ayres  with  such  as  the  Hon'''® 
Board  shall  join,  be  a  Committee  to  farm  out  the  Excise  for  the 
County  of  Worcester.  In  Council;  Read  •&   Concur'd;  And 

John  Chandler  Esq""  is  joined  in  the  Affair.     [Passed  June  19. 


CHAPTER    49. 

VOTE  APPOINTING  A  COM^^^    TO    FARM    OUT    THE    EXCISE    FOR    PLYM"^ 

COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
Gl. 

House  Jour- 
nal, p.  52. 


In  the  House  of  Representatives ; 
Voted  that  CoP  Winslow  &  Col°  Bradford  with  such  as  the  Hon'''® 
Board  shall  join,  be  a  Committee  to  farm  out  the  Excise  for  the 
County  of  Plymouth.  In  Council;  Read  &  Concur'd;  And 

John  Gushing  Esq'  is  joined  in  the  Affair.     [Passed  June  19. 

1  The  State  Library  copy,  Legislative  Records  of  the  Council,  xx.,  61,  reads,  "  Esq'  is." 


[1st  Sess.]     Province  Laws  (Hesolves,  etc.).  — 1753-54.  27 


CHAPTER    50. 

VOTE   APPOINTING  A  COM^ee  tO  FARM  OUT  THE  EXCISE  FOR  BARNST. 

COUNTY. 

In  the  House  of  Eepresentatives,                                                 Legislative 
Voted  that  CoP  Cotton,  &  Col°  Otis  with  such  as  the  Hon''"^  Board  councu"  xx!f^ 
shall  join,  be  a  Com^^®  to  farm  out  the  Excise  for  the  County  of  5L 

Barnstable.  House  Joux- 

Qui    D    ^2 

In  Council;  Read  &  Concur'd;  And  Jolm  Otis  Esq''  is  joined  in 
the  AfEair.     [Passed  June  19. 


CHAPTER    51. 

VOTE  APPOINTING  A  COM^ee  ^0  FARM  OUT  THE  EXCISE  FOR   BRISTOL 

COUNTY. 

In  the  House  of  Representatives ;  Legislative 

Voted  that  Capt  White  &  Capt  Cobb,  with  such  as  the  Hon^'«  councu.xx!?^ 

Board  shall  join  be  a  Committee  to  farm  out  the  Excise  for  the  ^ 

County  of  Bristol.  In  Council;  Read  &  Concur'd;  And  George  ^'j"^*'^,^^" 

Leonard  Esq''  is  joined  in  the  Affair.     [Passed  June  19. 


CHAPTER    52. 

VOTE    APPOINTING    A    COM^ee   tO   FARM   OUT  THE  EXCISE   FOR  YORK 

COUNTY. 

In  the  House  of  Eepresentatives;                                                 Legislative 
Voted  XhoX  W  Welles  &  Cp*^  Preble  with  such  as  the  Hon''^^  Board  councn.xx.,^ 
shall  join,  be  a  Committee  to  farm  out  the  Excise  for  the  County  of  ^ 

York ;  House  Jour- 

In  Council;  Read  &  Concur'd;  And  Jabez  Fox  Esq'  is  joined  in 
the  Affair.     [Passed  June  19. 


CHAPTER    53. 

VOTE  APPOINTING  A  COM'^ee  xo   FARM    OUT    THE    EXCISE    FOR    DUKES 

COUNTY. 

In  the  House  of  Representatives;  RefordTof  the 

Voted  that  Col°  Mayhew  &  Capt  Norton  with  such  as  the  Hon'''^  council,  xx., 
Board  shall  join  be  a  Committee  to  farm  out  the  Excise  for  the  ^ 


County  of  Dukes  County.  In  Council;  Read  &  Concur'd;  And  ^..^j^^^^^j'!''''' 

John  Allen  Esq""  is  joined  in  the  Affair.     [Passed  June  19. 


28 


Province  Laws  {^Resolves,  etc.).  — 1753-54.     [Chaps.  54-57.] 


CHAPTER    54. 


VOTE    APPOINTING    A    COM^'^e    TO    FARM    OUT    THE    EXCISE    FOR   NAN- 
TUCKET  COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
62. 

House  Jour- 
nal, p.  5-2. 


In  the  House  of  Eepresentatives ; 
Voted  that  M^  Folger  &  M^  Richard  Coffin  with  such  as  the  Hon*'"' 
Board  shall  join,  be  a  Committee  to  farm  out  the  Excise  for  the 
County  of  Nantucket.  In  Council;  Read  &  Concur'd;  And 

Josiah  Coffin  Esq""  is  joined  in  the  Affair.     \^Passed  June  19. 


Legislative 
Records  of  the 
Council,  XX., 
62.    Mass. 
Archives, 
cxix.,  609a. 

House  Jour- 
nal, p.  53. 
Province 
Lavrs,  ill.,  742, 
note. 


CHAPTER    55. 

VOTE  FOR  GIVING  PUBLICK  NOTICE   OF  LETTING  OUT  THE  EXCISE. 

Voted  that  the  Committees  of  the  several  Counties  thro  the  Prov- 
ince app***^  to  Farm  out  the  Excise  (the  Counties  of  Dukes  County 
&  Nantucket  excepted)  Insert  in  the  publick  Prints,  the  time  and 
place  designd  for  that  purpose  And  that  the  Commencement  of 
the  Rates  for  said  Excise  is  on  the  9'^  of  July  next.  \_Passed 
June  19. 


CHAPTER    5Q. 


ORDER  APPOINTING  A  COM^ee  tO  ENQUIRE  INTO  THE  ACCO^^  OF  COM- 
MISS»8  FOR  THE  LAND   BANK. 


Legislative 
Records  of  the 
Council,  XX., 
62.    Mass. 
Archives,  ciil., 
151. 

House  Jour- 
nal, p.  51. 


In  the  House  of  Rep^^'^^ 

Ordered  that  M'  Welles  Cap*  Joseph  Williams  and  M'  Allen  with 
such  as  the  Hon^'^  Board  shall  appoint  be  a  Committee  to  to  '  Inspect 
and  Examine  the  Accounts  of  the  Commissioners  of  the  Land  Bank 
or  Manufactory  Scheme  in  the  Recess  of  the  Court.  And  Report  at 
their  next  Sitting  the  present  State  of  their  Accounts ;  and  what  they 
Judge  proper  to  be  done  thereon 

In  Council  Read  and  Concur'd  and  John  Wheelwright  and  Andrew 
Olivers  Esq''^  is  joined  in  the  Affair.     \^Passed  June  19. 


CHAPTER    57. 


ORDER  ACCEPTING  THE  REPORT  OF  THE    COMMITTEE    FOR    DISPOSING 
OF  PROVINCE  LANDS  LYING  WEST  OF  SHEFFIELD. 


Legislative 
Records  of  the 
Council,  XX., 
63.    Mass. 
Archives, 
xlvi.,  311. 

Mass. 
Archives, 
xlvi.,  310-312. 
Legislative 
Records  of  the 


The  Committee  appointed  to  take  under  Consideration  the  Re- 
port of  a  Com"'^  sent  by  this  Court  to  view  the  Province  Lands,  West 
of  Sheffield  i&c'^  &  also  what  it  may  be  proper  to  do  respecting  the 
Western  Boundary  of  this  Province  *&c*  beg  leave  to  report.  That 
considerable  Improvements  have  been  made  upon  the  Province  Lands 
lying  West  of  Sheffield  &  Stockbridge  without  any  Grant  or  Liberty 
from  this  Government;  The  Committee  therefore  are  of  Opinion 

I  Sic. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  29 

That  a  Committee  be  appointed  by  this  Coiirt  to  repair  to  said  f^g^^g^^g^^g' 
Lands  with  full  Power  to  dispose  of  the  same  to  the  Person  or  House' Jour." 
Persons  who  have  made  or  caused  such  Improvements,  in  such  ^*  jef  p' le^'  ' 
Quantities  as  they  shall  judge  reasonable,  for  such  Sums  of  Money  ^^**p-  -°' 
as  the  Lands  may  be  judged  to  be  worth,  without  having  respect  to 
the  Improvements  made  ui3on  them ;  and  take  Bonds  with  Sufficient 
Sureties  for  the  Payment  of  the  Monies  into  the  Province  Treasury 
within  two  Years;  And  in  Case  any  of  the  said  Persons  refuse  to 
Purchase  the  same  or  give  Bond  as  aforesaid.  That  then  the  Com- 
mittee be  impowered  to  dispose  of  the  same  to  such  other  Persons 
as  shall  appear  to  purchase  said  Lands ;  who  are  also  impowered  in 
behalf  of  the  Government  to  deliver  Possession  of  the  Lands  to  the 
Persons  respectively  that  shall  appear  to  purchase  the  same ;  And 
said  Committee  to  be  further  impowered  to  dispose  of  the  Province 
Lauds  lying  West  of  said  Township  which  are  not  taken  up,  by  any 
Person,  to  such  as  shall  appear  to  purchase  the  same,  they  giving 
Bond  to  said  Committee  as  aforesaid,  for  the  Sums  they  shall  value 
the  Lands  at,  and  that  all  the  Lands  lying  West  of  Sheffield  be 
annexed  to  said  Town  to  do  Duties  &  receive  Priviledges  there,  and 
those  Lands  lying  West  to  said  Town  of  Stockbridge  to  do  Duties 
&  receive  Priviledges  there. 

All  which  is  humbly  submitted  Jacob  Wendell  per  Ord' 

Read  and 

Voted  Unanimously  That  this  Report  be  accepted  and  that  a 
Comm*®  be  appointed  by  this  Court  for  the  purposes  herein  men- 
tioned accordingly.     \^Passecl  June  19. 


CHAPTER    5S. 

ORDER  OF  NOTICE  WITH  STAY  OF  PROCEEDINGS  ON  THE  PETITION  OF 
EBENEZER  HILL  AND  THOMAS  KINGMAN,   TO  ENTER  AN  APPEAL. 

A  Petition  of  Ebenezer  Hill  &  Thomas  Kingman  &  others,  shew-  Legislative 
ing  that  at  the  Inferiour  Court  of  Common  Pleas  for  the  County  of  counclf, xx!f ^ 
Plymouth  held  in  May  last,   His  Excellency  Governour  Belcher  ^l:^JIl^^^- 
brought  His  Action  against  the  before  named  Petitioners  for  Pos-  xiiii.,726.' 
session  of  Three  hundred  &  twenty  eight  Acres  of  Land,  that  they  Mass. 
claiming  only  twenty  three  Acres  thereof,  intended  to  defend  their  xnif,^723.' 
Right  as  to  that  &  to  disclaim  as  to  the  rest.  But  their  Attorney  on  Legislative  ^^ 
whom  they  depended  failing,  the  Action  went  against  them  by  De-  council, xx., 
fault;  Therefore  Praying  that  they  may  bring  forward  their  Appeal  jouraai^pp-**. 
to  the  next  Superiour  Court  &  have  a  Trial  upon  the  Merrits,  and  47,  si. 
the  rest  of  the  Petitioners  have  the  same  Liberty. 

Ordered  that  the  Pef  serve  And"^  Belcher  Esq'  (Attorney  to  Gov'' 
Belcher)  with  a  copy  of  this  Pet°  that  He  shew  cause  if  any  He  hath 
on  the  first  fryday  of  the  next  Sitting  of  this  Court  AYhy  the  Prayer 
thereof  should  not  be  granted.  And  all  proceedings  in  the  Law  are 
Stayed  in  the  meantime.     \_Passed  June  20. 


30 


Province  Laws  {Resolves,  etc.).  — 1753-54.     [Chaps.  59-61.] 


CHAPTER    59. 


Legislative 
Records  of  tlie 
Council,  XX., 
65.    Mass. 
Archives, 
Ixiv.,  558. 

Mass. 
Archives, 
Ixiv.,  557. 
House  Jour- 
nal, pp.  50,  55. 


ORDER  ALLOWING  £50  TO  D«  W^i  THOMAS. 

A  Petition  of  Doctor  William  Thomas  of  Plymouth,  shewing 
that  in  the  Mouth  of  January  1751,  a  Brigantine  was  cast  away 
near  said  Town,  at  a  Place  called  Monument  Ponds,  &  the  Master 
frozen  to  Death,  and  two  of  the  Men  got  ashore  alive  very  much 
frozen,  whose  Names  were  Hugh  M'^Neal  k  Francis  Birmingham, 
that  the  Petitioner  in  his  Practice  attended  the  said  Persons ;  and  in 
order  to  preserve  the  Life  of  the  said  Hugh  M<=Neal,  he  was  obliged 
to  cutt  off  both  his  Hands,  &  both  his  Feet,  and  was  obliged  to 
attend  him  constantly  at  all  Seasons  from  January  to  July  at  the 
Distance  of  Seven  Miles,  &  having  no  where  else  to  apply  for  Satis- 
faction than  to  this  Government;  Therefore  Praying  that  this  Court 
would  allow  him  the  Amount  of  his  Account  of  Medicines,  Attend- 
ance &  Assistance,  (in  which  he  has  charged  every  thing  very  low) 
viz*  the  Sum  of  Sixty  Seven  Pounds  18/ 

Eead  and 

Ordered  that  the  sum  of  fifty  pounds  be  allowed  and  paid  out  of 
the  publick  Treasury  to  the  Pef  in  full  consideration  of  his  Account 
hereto  annexed.     \Pa8sed  June  20. 


CHAPTER    60. 


Legislative 
Records  of  the 
Council,  XX., 
65.    Mass. 
Archives, 
xxxii.,  394. 

Legislative 
Records  of  the 
Council,  xix., 
503;  XX.,  58. 
House  Jour- 
nal, pp.  44,  57. 
Province 
Laws,  xiv.,  597, 
chap.  155. 


ORDER  PROVIDING  FOR  SETTLING  INDIANS  AT  STOCKBRIDGE,  AND  EN- 
JOINING ANY  AGREEMENT  IN  REGARD  TO  THE  HOP  LANDS  UNTIL 
REPORT  OF  COMMITTEE  &c. 

Ordered  that  the  Committee  appointed  to  provide  for  such  of  the 
Indians  of  the  Six  Nations  as  might  incline  to  settle  at  or  near  Stock- 
bridge  be  directed  to  forbear  making  any  Agreement  for  the  Hop- 
lands  so  called,  until  the  Comittee  appointed  the  14  Ins*  to  inquire 
into  the  situation  of  the  Indians  there  shall  report  to  this  Court,  &i 
that  the  said  last  mentioned  Committee  be  directed  to  inquire  what 
measures  have  been  already  taken  as  to  making  an  Agreement  for 
said  Lands,  &  report  thereon  as  soon  as  may  be.     \^Passed  June  20. 


Legislative 
Records  of  the 
Council,  XX., 

66. 

Mass. 

Archives,  ciii., 
157.    House 
Journal,  pp.23, 
24,  28,  29,  39,  43, 
56,  57,  58,  59. 


CHAPTER    61. 

VOTE    FOR    THE    PROV^    TREASURER    GIVING    BOND    &    BEING    UNDER 
OATH,  AND  APPOINTING  A  COM^ee  FOR  JUDGING  OF  THE   SECURITY. 

In  the  House  of  Representatives; 
Voted  that  no  Person  that  shall  be  elected  by  this  Court  into  the 
Office  of  a  Treasurer  or  Receiver  General  for  this  Province,  for  the 
present  Year,  shall  be  esteemed  duly  qualifyed  to  enter  upon  the  Exe- 
cution of  that  Office,  untill  he  shall  first  have  an  Oath  administred 
to  him  for  the  faithful  Performance  of  the  Duty  of  the  said  Office, 
&  shall  also  give  Bond  with  sufficient  Sureties  to  the  Acceptance 
of  a  Committee  to  be  appointed  by  this  Court  for  that  Purpose,  in 


[1st  Sess.]     Province  Laws  (Hesolves,  etc.).  — 1753-54.  31 

the  Sum  of  Thirty  Thousand  Pounds  Lawful  Money  to  the  three 
eldest  Councellors  in  the  Province  for  the  Time  being,  Who  are 
hereby  appointed  a  Committee  in  behalf  of  the  Province,  and  espe- 
cially authorized  for  this  Purpose,  which  Bond  shall  be  conditioned 
for  such  Treasurer's  truly  &  faithfully  discharging  the  Duty  of  his 
said  Office  according  to  Law;  and  for  his  rendering  an  Account 
when  &  so  often  as  he  shall  be  required  by  the  General  Court,  of  all 
such  Sums  of  Money  as  he  shall  from  time  to  time  receive  into  the 
Treasury;  and  for  his  well  &  truly  paying  to  his  Successor  in  said 
Office,  or  to  any  other  Person  that  may  be  appointed  by  the  Gen- 
eral Court  to  receive  the  same,  all  such  Sum  or  Sums  of  Money  as 
upon  such  Settlement  of  his  said  Accompt  or  otherwise  shall  be 
found  due  &  payable  from  him  to  the  Province;  Provided  that  the 
said  Bond  be  put  in  Suit,  within  two  Years  next  after  the  Date 
thereof;  Otherwise  to  be  Void  &  of  none  Effect. 

Also 

Voted  that  M'  James  Bowdoin  &  Capt  Joseph  Williams  with  such 
as  shall  be  joined  by  the  Hon^'^  Board  be  a  Committee  to  judge  of 
the  sufficiency  of  such  as  may  offer  to  become  Sureties  for  the  Treas- 
urer as  aforesaid. 

In  Council;  Read  &  Concur'd;  And  Jacob  Wendell  Esq""  is  added 
on  the  Affair  aforesaid.     [Passed  June  21. 


CHAPTER    62. 

VOTE  APPOINTING  COMMISS^^  FOR  SELL"  PROVINCE   LAND.  Legislative 

Kecords  of  the 
Council,  XX., 

This  Day  being  appointed  for  the  Election  of  Gentlemen  to  dis-  ^^^^^^^g®- 
pose  of  the  Province  Land  lying  West  of  Sheffield  &  Stockbridge,  xIti.,  313.' 
The  following  Gentlemen  were  duly  elected  by  the  Major  Vote  of  Legislative 
the  Council  &  House  of  Represent'''  [with  consent  of  the  Lieutenant  coundf, xx"'^ 
Governor]  Viz,  joumai^^?  58 

Samuel  Welles  Esq''       John  Chandler  Esq'''       James  Otis  Esq'       Anu^v^-2l', 
[ Passed  Ju ne  21 .  ti/fafk^v.  63. 

CHAPTER    63. 

VOTE  GIVING  INSTRUCT'*^  TO  THE   COM^ee  fqR  SELLING  LANDS   IN  THE 

WESTERN  PARTS. 

Jacob  Wendell  Esq''  from  the  Committee  of  both  Houses  ap-  Legislative 
pointed  to  prepare  the  Draught  of  Listructions  to  the  Gentlemen  councif.xx.,  ^ 
that  should  be  chosen  by  this  Court  to  dispose  of  the  Lands  belong-  f^(.,]f^Ys^- 
ing  to  this  Province,  lying  to  the  Westward  of  Sheffield  &  Stock-  xivi., sit.' 
bridge,  gave  in  a  Report  thereof.  House  -Jour- 

Which  was  read  &  accepted  by  both  Houses  with  Amendments,  °tpr«, fhap. 
And  passed  June  21.  ^-^ 

[The  report  as  finally  amended  and  accepted  is  as  follows:] 

The  Com'®^  appointed  to  prepare  Instructions  for  a  Com'^'  That 
this  Court  propose  to  Appoint  to  Dispose  of  the  province  Lands 
Lying  West  of  Sheffield  &  Stockbridge 

Report  as  their  Opinion 

1.  That  the  S'l  Com''"  be  directed  not  to  dispose  of  Any  Lands 
lying  Nearer  than  Twelve  Miles  of  Hudsons  River 


32 


Province  Laws  {Resolves,  etc.).  — 1753-54.     [Chaps.  64-67.] 


2.  That  the  s*^  Committe  be  Directed  to  Give  Certificate  to  the 
Several  Persons  that  Shall  Purchase  and  Give  Bonds  for  Any  part 
of  S*^  Lands  Setting  forth  the  Quantity  &  Bounds  thereof  and  make 
Report  to  this  Court  (as  soon  as  may  be)  of  the  several  Agreements 
entred  into  that  so  the  Persons  who  shall  appear  as  Purchasers  may 
have  Grants  made  to  them  accordingly.     \^Passed  June  21.'' 


CHAPTER    64. 


VOTE  APPOINTING  A  COM'^^^  TO  TRANSFER  THE  MONEY  &  PAPERS  IN 
THE  TREASURY,  TO  THE  NEW  TREASURER. 


Legislative 
Records  of  ttie 
Council,  XX., 
67.    Mass. 
Archives,  ciii., 
161. 

Legislative 
Records  of  the 
Council,  XX., 
67  bis.   House 
Journal,  pp.  59, 
60.    Ante, 
p.  30,  chap.  61. 


In  the  House  of  Eep"^^ 
Ordered  that  M''  Speaker  W  Fletcher  and  M''  James  Russell  with 
such  as  the  Hon'''^  Board  shall  Joyn  be  a  Comm^®  fully  Authorized 
to  rdt)ieve  all  the  publick  paj)ers  and  Cash  from  the  late  Treasurer 
and  give  him  a  discharge  for  the  Same  And  deliver  them  to  the 
Treasurer  lately  Chosen  as  soon  as  qualifyed 
In  Council; 
Read  &  Concur'd  And  Andrew  Oliver  &  Samuel  Watts  Esq"  are 
joined  in  the  Affair.     [Passed  June  22. 


Legislative 
Records  of  the 
Council,  XX., 
68.    Mass. 
Archives, 
xlvii.,  371. 

House  Jour- 
nal, p.  60. 


CHAPTER    Q5. 

ORDER  ALLOWING  THE  DISTRICT  OF   NEW    CASTLE    TO    HAVE    A    LAW 

BOOK. 

Ordered  that  the  District  of  New  Castle  be  allowed  a  Province 
Law  Book  at  the  publick  Charge.     [Passed  June  22. 


CHAPTER    Q>Q. 


Legislative 
Records  of  the 
Council,  XX., 

68^ 

House  Jour- 
nal, p.  54. 


VOTE  REFERRING  ALL  UNFINISHED  MATTERS. 

Voted  that  all  Matters  now  before  the  Court,  &  that  shall  not  be 
passed  upon,  have  the  same  Day  at  the  next  Sitting  of  this  Court. 
[Passed  June  22. 


CHAPTER    67. 


ORDER  APPOINTING  A    COM'^'^e    tO    INQUIRE   IN    REGARD    TO    PAPERS 
SENT  AND  TO  BE  SENT  TO   AGENT  BOLLAN. 


Krdsofthe  III  the  House  of  Rep-^ 

Council,  XX.,  Ordered  that  M'  Speaker  W  Welles  and  Cap*  Livermore  with  such 
as  the  Hon'''^  Board  shall  appoint  be  a  Comm^*  to  inquire  what  Papers 
have  been  sent  to  M'  Agent  Bollan  respecting  the  Boundaries  between 

1  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  June  22. 


68.    Mass 
Archives,  vi.. 


[1st  Sess.]     Province  Laws  {Resolves^  etc.).  — 1753-54.  33 

this  Government  Connecticut  and  Ehode  Island    as  also  relating  to  House  Jour- 
the  Slops  Supplied  in  the  Expedition  ag*  Cape  Breton  &c  And  what  °^^'  p*  ^' 
papers  and  evidences  are  still  necessary  to  be  Sent  And  that  they 
forward  such  Papers  and  Evidences  to  M'  Agent  Bollan  as  soon  as 
may  be. 

In  Council;  Eead  &  Concur'd  And  Thomas  Hutchinson  &  Andrew 
Oliver  Esq''  are  joined  in  the  Affair.     \_Passed  June  22. 


CHAPTEE    68. 

VOTE    APPOINTING    A    COM'^™    TO    PROVIDE    FOR   THE   RECEPTION   OF 
GOVERNOR  SHIRLEY. 

In  the  House  of  Eep-^  Sdl  of  the 

Voted  that  M"^  Speaker  M'  Tasker  M"  Allen  M'"  James  Russell  M-^  council,  xx., 
Welles  Cap*  Joseph  Williams  and  M""  Fletcher  with  such  as  the  ArcMves^,' 
Hon"^  Board  shall  Joyn  be  a  Comm^^  to  make  suitable  Provision  ^^^^-^  s*^*^- 
for  the  reception  of  His  Excellency  William  Shirley  Esq'  Who  is  ^|f^f(i\"^/tije 
expected  to  his  Government  in  a  short  time  couucii,  xx., 

In  Council  Read  &  Concur'd  and  Josiah  Willard,  Jacob  Wendell,  journai"p-  eo. 
Samuel  Danf  orth  Samuel  Watts,  John  Wheelwright,  Andrew  Oliver  & 
Thomas  Hutchinson  Esq"  are  joined  in  the  Affair.    \_Passed  June  22. 


84  Province  Laws  (i?e5oZ^;es,e^c.).  — 1753-54.     [Chap.  69.] 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Fifth  Day  of  September,  A.D.  1753. 


CHAPTER    69. 

ORDER   DIRECTING    THE    TREASURER    TO    ADVERTISE    THE    FUNDS    IN 
HAND  FOR  THE  REDEMPTION  OF  GOVERNMENT  SECURITIES. 

Mass.  The  Memorial  of  Harrison  Gray  Treas"'  &  Eeceiver  Gen^  of  said 

165, 166.  '     ''  Province  Humbly  sheweth 

Legislative  That  He  is  Now  possess'd  of  upwards  of  four  Thousand  pounds 

Councu^ °xx^^  ^^  Money  which  he  has  rec*^  for  Taxes  &  Excise,  and  that  Money  is 
67  bis.  House  daily  comeing  into  the  Treasury  from  Constables,  &  others  who  are 
ourna ,  p.  .  j.^(jg]3^g(j  ^q  ^}-^q  Government,  which  Money  is  appropriated  for  the 
Eedemption  of  the  Governm*  securityes  payable  the  20*''  January 
1754,  &  for  no  other  Use  whatever;  Which  Notes  althd  the  Prov- 
ince are  not  Obliged  to  redeem  untill  the  20*''  Jan""}^  next  0  stile. 
Yet  as  there  is  Money  in  the  Treasury,  it  would  be  a  saving  to  the 
Province  to  discharge  them  Sooner,  but  your  Memorialist  appre- 
hends, that  He  has  no  Authority  to  do  it  without  the  Direction  of 
this  Hon""'^  Court,  Wherefore  he  humbly  prays  that  your  Excel- 
lency &  Honours  would  give  him  such  orders  as  your  Excellency  & 
Honours  in  your  Wisdom  shall  see  meet  and  as  in  Duty  bound  shall 
ever  pray  Harrison  Gray 

Eead  & 

Ordered  that  when  at  any  time  the  Treasurer  shall  be  possess'd 
of  any  Sum  not  less  than  One  thousand  Pounds  of  the  Governm'^ 
Money  appropriated  for  the  Discharge  of  the  Securities  payable  the 
20"^  of  Jan^  next,  he  apply  the  same  for  discharging  such  Securities 
according  to  the  Priority  of  their  Dates,  &  that  he  give  Notice  in 
the  publick  Prints  of  the  Dates  of  the  Securities  which  he  is  ready 
to  discharge  And  in  Case  the  Possessors  of  such  Securities  shall  not 
appear  &  demand  Paym'  within  fourteen  days  after  such  Notice,  that 
then  &  in  such  Case  the  Treasurer  be  directed  to  discharge  any  other 
•  of  such  Securities  as  shall  be  offered  him,  And  when  any  greater  Sum 
shall  be  offered  than  he  is  able  to  discharge  that  he  give  the  Prefer- 
ence to  those  of  the  prior  Date.     {Passed  September  6. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  35 


CHAPTEK    70. 

ORDER    IN    REGARD    TO    THE    CHOICE    OF    A    TREAS»   FOR    BRISTOL 

COUNTY. 

Whereas  At  the  Court  of  General  Sessions  of  the  peace  held  Rlforlfof^the 
at  Taunton  for  the  County  of  Bristol  on  the  Second  Tuesday  of  council,  xx., 

June  Last,  beinff  the  Court  when  the  Votes  for  a  County  Treasurer  Archives%iii., 

-    -  -    '  -      -  -      -     _  -  -         jg^_ 


for  Said  County  for  the  Current  year  ought  by  Law  to  have  been 
opened  and  Sorted  but  on  an  omission  of  the  Said  Court  the  Said  Q^Trf  ee'^'^' 
Votes  were  not  opened  &  Sorted,  so  that  the  Said  County  of  Bristol 
are  now  Destitute  of  a  Treasurer  and  must  remain  So  the  remain- 
ing part  of  the  present  year,  without  the  Aid  of  this  Court 

Therefore 

Ordered  that  the  next  Court  of  General  Sessions  of  the  peace 
to  be  holden  at  Taunton  for  the  County  of  Bristol  on  the  Second 
Tuesday  of  September  Current  open  &  sort  the  Said  Votes  for  a 
County  Treasurer,  and  that  the  Person  that  Shall  appear  (upon 
Sorting  said  Votes)  to  be  Chosen  Treasurer  shall  to  all  intents  & 
purposes  be  Deemed  &  held  the  Treasurer  for  said  County  for  the 
Current  year  as  tho  the  Votes  afors*^  had  been  opened  and  Sorted 
at  the  Said  Court  of  General  Sessions  of  the  peace  held  there  in 
June  Last  he  Taking  the  Oath  to  Said  office  as  by  Law  required. 
[^Passed  Septemher  6. 


CHAPTEE    71. 

ORDER  FOR  RECORDING  THE  TREASURERS  ACCO^  OF  LAND  AND  EXCISE 

BONDS,  &c*. 

An  Accompt  presented  by  M''  Harrison  Gray  Treasurer  of  this  Legislative 
Province,  of  sundry  Bonds  in  his  Hands  for  Province  Lands,  also  councif,  xx.,  ^ 
Bonds  of  the  Farmers  of  the  Excise  of  Liquors,  as  also  for  the  ArcWveT'ciii. 
Excise  of  Tea  Ac'*  with  Weights  &  Measures  &c^  ni- 

Eead  and  Mass. 

Ordered  that  the  Secretary  be  directed  to  put  the  above  written  ^g^'^House""' 
Account '"and  Reciepts  on  Record,     {^Passed  Se])teml)er  6.  Journal,  p.  66. 


CHAPTEK    72. 


VOTE  ALLOWING    TEN    DOLLARS    TO    MAJOR    EPHRAIM    WILLIAMS    FOR 
MONEY  PAID   FOR  THE  MOHAWK  INDIANS. 

Voted  that  ten  Dollars  be  paid  out  of  the  publick  Treasury  to  Legislative 
Maf  Ephraim  Williams  to  discharge  so  much  He  paid  to  Henrick  coundf,xx*.!'^ 
Chief  of  the  Mohawks  for  his  Expences  at  Johannes  Valantines  at  "'1:^^11^^^^ 
Kenderhook  and  about  one  hundred  other  Mohawks  with  him  when  xxxu.,  4i'i 
they  came  to  Stockbridge  upon  the  Invitation  of  this  Government.  House  Jour- 
[Passed  Septemler  6.  °^''  »•  ^^- 

*  See  Mass.  Archives,  ciii.,  168. 


36 


Province  Laws  {Resolves,  etc.).  — 1753-54.     [Chaps.  73-76.] 


CHAPTEE    73. 


VOTE  FOR  ADJOURNING  THE   COURTS  OF  BRISTOL  COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
76.    Mass. 
Archives, 
xliii.,  754. 

House  Jour- 
nal, p.  69. 
Province 
Laws,  iii.,  64, 
Chap.  32. 


Whereas  by  Law  the  Court  of  General  Sessions  of  the  peace  and 
Inf  Court  of  Comon  pleas  for  the  County  of  Bristol  was  to  have 
been  holclen  on  the  Second  Tuesday  of  September  instant,  and  many 
Concerned  in  Said  Courts  are  members  of  the  General  Court,  which 
it's  probable  will  be  Sitting  at  that  Time  Therefore 

Ordered  that  the  Said  Courts  of  General  Sessions  of  the  peace 
and  Inf  Court  of  Comon  pleas,  &°  be  and  they  hereby  are  adjourned 
to  the  Last  Tuesday  of  October  next,  and  all  officers  and  others  Con- 
cerned in  Said  Courts  are  to  Conform  themselves  Accordingly:  and 
all  processes  &  other  matters  and  things  Depending  in  Said  Courts, 
and  which  are  by  Law  to  be  heard,  Tryed  &  proceeded  upon  at  Said 
Term,  shall  be  heard,  Tryed  and  proceeded  upon  on  the  Said  Last 
Tuesday  of  October  next  and  the  Justices  of  Said  Courts  are  hereby 
required  to  Conform  themselves  Accordingly.    {^Passed  September  7. 


CHAPTER    74. 


Legislative 
Records  of  the 
Council,  XX., 
76.    Mass. 
Archives, 
xxxii.,  414. 

House  Jour- 
nal, p.  67. 
Infra,  chap.  75. 


VOTE  ALLOWING  £500  FOR  PRESENTS  TO  THE  EAST"  INDIANS. 

Voted  that  the  sum  of  five  hundred  pounds  be  applyed  for  pur- 
chasing Presents  to  be  made  this  Year  to  the  Indian  Tribes  in  the 
Eastern  parts  of  the  Province.  And  that  said  Sum  be  taken 

out  of  the  Effects  of  the  Truck  Trade  in  the  Commissary  Genl's 
hands.     {^Passed  September  7. 


CHAPTER    75. 

VOTE  DESIRING  THE  GOV»  TO  APPOINT  COMMISSk^  FOR  DISTRIBUTING 
THE  PRESENTS  TO  THE  INDIANS. 


Legislative 
Records  of  the 
Council,  XX., 
76.    Mass. 
Archives, 
xxxii.,  413. 

House  .Jour- 
nal, p.  67. 
Supra,  chap. 

74. 


Voted  that  His  Excellency  the  Cap*  Gen^  be  desired  (if  He  can- 
not attend  himself)  to  appoint  Commissioners  to  Meet  with  the 
several  Tribes  of  Indians  in  such  place,  as  He  Judges  proper  as 
soon  as  may  be  in  order  to  their  distributing  the  annual  Present 
to  the  said  Indians  in  the  most  advantageous  manner.  [Passed 
Sejjtember  7. 


CHAPTER    76. 


Legislative 
Records  of  the 
Council,  XX., 
76.    Mass. 
Archives, 
cxix.,  612. 

House  Jour- 
nal, p.  67. 


VOTE  IMPOWERING  THE  PROVINCE  TREASURER  TO   SUE    DELINQUENT 
FARMERS  OF  EXCISE. 

Ordered  that  the  Province  Treasurer  pursue  the  Steps  of  the  Law 
for  recovering  all  such  Sums  of  Money  that  are  now  due  and  of  all 
other  Sums  of  Money  as  they  shall  become  due  from  the  several 
Farmers  of  Excise  within  the  Province.     [Passed  Septeinber  7. 


[2d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1753-54.  37 


CHAPTER    77. 

VOTE  ALLOWING  £200  FOR  EXPENSES  OF  THE  COMMISSIONERS  TO  THE 

EASTERN  INDIANS. 

Voted  that  a  Sum  not  exceeding  two  hundred  pounds  be  allowed  ^Ifordg'^f^jije 
out  of  the  Effects  of  the  Indian  Truck  Trade  in  the  Commissary  councu.xx., 
General's  hands  in  order  for  the  making  suitable  Provision  &c  for  ArcWve8%iii., 

the  Gentlemen  that  may  be  appointed  by  His  Excellency  to  repair  to  Yih 

the  Eastern  parts  of  the  Province  to  meet  with  the  Tribes  of  Indians  House  Jour- 

^,  ^  nal,  p.  68. 

there  Ante,\^.z%, 

The  &^  Gentlemen  to  be  accountable,     \^Passed  September  7.  chap.  to. 


CHAPTEE    78. 

ORDER  SETTING   OFF    DIVERS    POLLS    AND    ESTATES    TO    THE    SOUTH 
PARISH   OF  IPSWICH. 

A  Petition  of  Thomas  Berry  Esq'  Andrew  Burleigh  &  Samuel '  R|fords"onhe 
Appleton  a  Committee  of  the  South  Parish  in  Ipswich,  shewing  that  council,  xx., 
according  to  the  Order  of  this  Court  in  April  last  they  have  with  the  ArcWve^^iii., 

Assistance  of  Mess"  Nathaniel  Averil,  Thomas  Gage  &  Humphrey  ^ 

Hobson  (a  Committee  in  Reserve  appointed  by  this  Court)  and  in  Mass. 

ArcliivGB  sill 

Concurrence  with  a  Committee  of  the  first  Parish  in  the  said  Town,  425-429.  House 
settled  a  List  &  divided  the  Polls  &  Estates  lying  within  the  Limits  Svfnce^"  ^^'' 
of  the  first  &  South  Parishes,  &  ascertained  the  Polls  &  Estates  Laws,  xiv.,  703, 
which  are  to  belong  to  each  Parish  for  the  future,  Praying  that  ^  ^^' 
the  said  List  herewith  presented  may  be  allowed  &  confirmed  to 
constitute  the  said  South  Paris 

Read  & 

Ordered  that  the  Polls  &  Estates  contained  in  the  List  herewith 
presented '  be  &  they  are  hereby  declared  to  belong  to  the  South 
Parish  in  Ipswich  for  the  future;  And  also  all  the  Lands  within  the 
said  Parish  owned  by  People  living  in  Boxford,  Newbury  Rowley  & 
Salem  (excepting  Cross  &  March's  Lands)  together  with  the  Lands 
of  John  West  deceased ;  And  that  all  Proceedings  in  the  said  Parish 
heretofore  shall  be  deemed  &  held  valid ;  And  they  are  hereby  ratified 
&  confirmed  to  all  Intents  &  Purposes  whatsoever.  \_Passed  Septem- 
her  7. 


CHAPTER    79. 

ORDER  ALLOWING  THE  ACCOUNT  OF  THE   TREASURER   OF    SUFFOLK 

COUNTY. 

An  Accompt  presented  by  Edward  Winslow  Esq""  Treasurer  of  Rlf^^rlKthe 
the  County  of  Suffolk  for  the  last  Year,  having  been  by  him  laid  council,  xx., 
before  the  Court  of  General  Sessions  for  the  said  County  &  by  them  Archfve^s^,' 
allowed ;  ccxiyiu.,  62. 

Read  and  House  Jour. 

nal,  pp.8, 67. 

*  Mass.  Archives  and  the  State  Library  copy,  Legislative  Records  of  the  Council,  xx., 
74,  give  this  name  "  Joseph  Appleton." 
»  See  Mass.  Archives,  xiii.,  427-429. 


38 


Province  Laws  {Resolves,  etc.) .  — 1753-54.     [Chaps.  80-82.] 


•  Ordered  that  the  within  Ace*'  be  allowed  and  that  the  Ball*  thereof 
being  three  Shillings  and  eleven  pence  the  said  County  is  Account- 
able to  said  Treasurer  for.     [Passed  8e2)temher  7. 


CHAPTER    80. 


Legislative 
Records  of  the 
Council,  XX., 
77.    Mass. 
Archives, 
cxix.,  611. 

House  Jour, 
nal,  p.  69. 


ORDER  GRANTING  TO  ELIJAH  PORTER  LICENCE  TO  SELL  STRONG  DRINK. 

A  Petition  of  Elijah  Porter  of  ToiDsfield,  shewing  that  he  is 
well  furnished  for  retailing  Strong  Drink,  and  his  House  well  sit- 
uated for  it,  Therefore  Praying  that  the  Court  of  General  Sessions 
of  the  Peace  for  the  County  of  Essex  may  be  impowered  at  their 
next  Session  to  grant  him  a  Licence  accordingly. 

Eead  and 

Ordered  that  the  Justices  of  Gen^  Sessions  of  the  Peace  for  the 
County  of  Essex  be  allowed  to  grant  the  Pef  a  Licence  (if  they 
see  cause)  the  remaining  part  of  the  Year  to  retail  strong  Liquors. 
He  first  obtaining  the  approbation  of  the  Select  men  of  s'^  Tops- 
field  for  that  service,  the  time  for  granting  Licences  being  elapsed 
notwithstanding,     [Passed  Scptemler  7. 


CHAPTER    81. 

ORDER  CONFIRMING  A  PLAN  OF  3,500  ACRES  LAND   GRANTED    TO    THE 
PROPRIETORS   OF   NARRAGANSET   N"  4. 


Legislative 
Records  of  the 
Council,  XX., 
77.    Mass. 

Archives, 
cxvi.,  404. 

Mass. 
Archives, 
cxvi.,  404-407. 
House  Jour- 
nal, pp.  45,  69. 
Province 
Laws,  xii.,  647, 
chap.  176. 


A  Petition  of  Samuel  Eobinson  in  behalf  of  the  Proprietors  of 
Narraganset  Township  Number  four,  lying  at  a  Place  called  Quabin, 
&  part  West  of  Hatfield  &  adjoining  to  it.  Praying  that  a  Plat  of 
Three  Thousand  five  hundred  Acres  of  Land,  herewith  exhibited, 
(laid  out  by  Nathaniel  Kellog  &  Chainmeu  on  Oath),  may  be  con- 
firmed to  the  Proprietors  of  said  Township,  to  fulfill  a  Grant  of 
3,500  Acres  of  Land  made  to  them  by  this  Court, 

Eead  and 

Ordered  that  the  Prayer  of  this  Pet"  be  granted  and  the  lands 
delineated  in  the  Plan  herewith  exhibited  are  confirmed  to  the  Pro- 
prietors abovementioned  their  Heirs  and  Assigns  Provided  the  Plan 
does  not  interfere  with  any  former  Grant  nor  does  not  exceed  the 
quantity  mentioned.     [Passed  September  7. 


CHAPTER    82. 


Legislative 
Records  of  the 
Council,  XX., 
78.    Mass. 
Archives, 
Ixxiv.,  114. 

Mass. 
Archives, 
Ixxiv.,  113. 


ORDER  ALLOWING   £8.  19.  9i    TO    BENJAMIN    MITCHELL    AND    LAZARUS 

NOBLE. 

A  Memorial  of  Benjamin  Mitchell  &  Lazarus  Noble  setting 
forth  the  Treatment  they  had  from  the  Governour  of  Canada, 
when  they  went  to  redeem  their  Children  from  Captivity,  Avhich 
they  could  not  effect,  &  Praying  that  they  may  be  allowed  out  of 
the  Treasury  their  extraordinary  Expence  in  this  Affair. 

Eead  and 


[2d  Sess.]     Province  Laws  (Hesolves,  etc.).  — 1753-54.  39 

Ordered  that  the  Prayet  of  this  Pet''  be  granted,  and  the  Pet"  House  Jour- 
are  hereby  allowed  the  Sum  of  £8.19.91/^  out  of  the  publick  Treas-  AniF,'p.i2, 
ury  accordingly.     [Passed  Septemher  7.  "^^^^^  ^^• 


CHAPTER    83. 

ORDER  ERECTING  NATHi-  DONNEL  &  OTHERS   OF   GEORGETOWN    WITH 
THEIR  ESTATES  INTO   A  SEPARATE  PRECINCT. 

A  Petition  of  Nathaniel  Donnel  &  others,  Inhabitants  of  those  Legislative 
Lands  on  Kenebeck  River'  on  the  West  Side  thereof,  which  were  councif,  xx*^^ 
formerly  by  Order  of  the  General  Court  annexed  to  George  Town,  ^.  Mass.    ' 
shewing  that  being  now  increased  into  the  Number  of  Forty  Fam-  4i4.        ''    '' 
ilies,  they  find  great  Inconveniences  in  attending  the  publick  Wor-  Mass. 
ship  there.  Praying  that  they  may  be  set  ofE  as  a  distinct  Parish,       ^o'^'^Le^'i^ia'."' 

Read  with  a  Copy  of  the  Vote  of  the  Inhabitants  of  George  tive  Records 
Town  pass'd  at  a  Meeting  held  the  10*^  of  July  last;  And  it  ap-  xx.,86.  ^'houbc 
pearing  that  they  had  no  Objections  to  make  thereunto;  n)"^™n'vin'^^' 

Ordered  xhaX  the  Petitioners  &  their  Lands  as  bounded  in  the  Laws,  xii.,  4^9, 
Petition  be  set  off  as  a  separate  &  distinct  Parish  or  Precinct,  And  '^^^^'  ^^' 
that  the  Inhabitants  enjoy  &  be  vested  with  the  Powers  &  Privileges 
of  other  Precincts  in  this  Province.     [Passed  SeiAemher  7.^ 


CHAPTER    84. 

VOTE  IN    REGARD    TO    THE    INNHOLDERS    &    RETAILERS    IN    ESSEX 

COUNTY. 

Whereas  Sundry  Persons  in  the  County  of  Essex  who  had  Ob-  ^^si^!?*^*"^!^, 

•  "^  -KGCorcts  or  tiiG 

tain'd  the  Approbation  of  the  Selectmen  of  the  respective  Towns  Council,  xx., 
to  which  they  belong  to  be  Inholders  &  Retailers  of  Spirituous  ArcWves!' 
Liqu"  and  likewise  licens'd  by  the  Justices  of  the  Gen''  Sessions  cxix.,  6i3. 
of  the  peace  for  said  County  at  the  Time  prescrib'd  by  Law  for  House  Jour- 
that  purpose.     Have  inadvertantly  Elaps'd  the  Time  of  Recogniz- "^ '^^"    ' 
iug  Therefore 

Ordered  that  the  Justices  of  said  Sessions  be  and  hereby  are  Im- 
power'd  to  take  Their  Recognizances  at  their  next  Sessions  within 
t&  for  said  County  the  time  therfor  being  Elaps'd  Notwithstanding. 
[Passed  Septemier  8. 


CHAPTER    85. 

ORDER   CALLING    A    MEETING    OF    THE    PROPRIETORS    OF    THE  WEST 
TOWNSHIP  OF  HOOSUCK. 

A  Petition  of  Isaac  Wyman,  Allen  Curtis,  and  others  for  them-  Legislative 
selves  &  others  Proprietors  of  the  West  Township  at  Hoosuck,  lately  counctf,  xx*?® 

^  "Bounded  Southerly  on  Winneganse  River,  Easterly  on  Kennebeck  River,  Westerly 
on  Stevens's  River,  &  Northerly  on  Merry  Meeting  Bay."  —  Legislative  Records  of  the 
Council,  XX.,  86. 

-  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  September  11. 


40 


Province  Laws  (Besolves,  etc.).  — 1753-54.     [Chap.  86.] 


79.  Mass. 
Archives, 
cxvi.,  420. 


Mass. 
Archives, 
cxvi.,  419. 
House  Jour- 
nal, p.  74. 
Province 
Laws,  xiv.,  379, 
chap.  297. 


sold  by  the  General  Court,  shewing  that  their  settling  Lots  are  laid 
out,  and  they  are  bringing  forward  Settlements  on  the  said  Land; 
but  they  find  themselves  much  retarded  therein,  for  want  of  Power 
to  call  a  Proprietors  Meeting,  and  transact  therein  such  Matters  as 
may  be  judged  necessary  to  forward  the  Settlement,  Therefore  Pray- 
ing this  Court  would  enable  them  to  call  a  Proprietors  Meeting  &c* 

Read  & 

Voted  that  William  Williams  Esq""  one  of  his  Maj®  Justices  of  the 
peace  for  the  County  of  Hampsh''  Issue  his  Warrant  for  Calling  A 
Meeting  of  the  proprietors  of  the  West  Township  at  Hoosuck  So 
Called  Directed  to  one  of  the  principal  proprietors  of  S'^  Township 
Eequiring  him  to  Set  Up  a  Notification  in  Some  publick  place  in 
S^  Township  Setting  forth  the  time  place  and  Occasion  of  S'^  Meet- 
ing fourteen  days  before  hand  which  Meeting  Shall  be  holden  in 
S*^  Township  And  Such  of  the  proprietors  as  Shall  be  present  at 
S*^  Meeting  Are  hereby  Authorized  &  Impowered  by  A  Maj''  Vote 
to  Determine  Upon  A  Division  of  All  or  part  of  the  Lands  In  S*^ 
Township  Not  Already  Allotted  Also  Chuse  a  Com*^®  or  Com^^*^ 
to  lay  out  the  Same  Also  to  raise  Moneys  to  defrey  the  Charges  that 
may  Arise  by  Means  of  laying  out  S*^  Lands  Also  for  Clearing  High 
ways  As  Also  to  Chuse  A  proprietors  Clerk  Treasurer  Assessors  & 
Collectors  &  Also  to  Agree  &  Determine  Upon  A  Method  of  Calling 
Meetings  of  S"^  Proprietors  for  the  future,     [Passed  September  10. 


CHAPTEE    86. 


ORDER  ON  THE  PET^  OF  JOHN  STEEL  ESQ^  IN    REGARD    TO    AN    IN- 
VENTORY OF  AN  ESTATE. 


Record"onhe  ^  PETITION  of  John  Steel  of  Boston  shewing  that  in  the  Year 
Council,  XX.,  1742,  he  &  Mary  his  Wife  late  Widow  of  Temple  Nelson  Dec^  ex- 
Archive^s^,'        hibited  an  Inventory  of  his  Estate,  &  made  Oath  thereto  before 

^'-'^'  ^- the  then  Judge  of  Probate  for  the  County  of  Suffolk;  but  it  so 

Mass.    ^  happens  that  the  said  Inventory  is  lost  &  not  recorded.  Praying 

xix.,  5.  House  that  the  Petitioner  who  has  a  Copy  of  the  said  Inventory,  taken 

Journal,  pp.  71,  ^^  ^^iQ  Time  when  exhibited,  may  be  admitted  to  make  Oath  to  it 

before  the  present  Judge,  and  that  the  same  may  be  allowed  of  & 

put  on  Eecord  in  the  Said  Office. 

John  Otis  Esq""  in  behalf  of  the  Committee  appointed  to  Consider 
of  the  foregoing  Petition,  having  made  Verbal  Report  that  they  are 
of  Opinion  that  the  Prayer  of  the  Petition  be  granted;  Therefore 

Ordered,  that  the  Judge  of  Probate  for  the  County  of  Suffolk, 
be  and  hereby  is  impowered  and  directed  to  receive  of  the  Peti- 
tioner the  Inventory  within  refer'd  to,  Taking  his  Oath  that  it  is 
a  True  Copy  of  the  Inventory  formerly  Exhibited  to  Josiah  Willard 
Esq^  then  Judge  of  Probate  for  the  said  County;  and  that  the  Reg- 
ister of  Wills  be  also  directed  to  record  the  same  in  the  Registry  of 
the  Probate  Office.     [Passed  September  10. 


[2d  Sess.]     Province  Laws  (Hesolves,  etc.).  — 1753-54.  41 


CHAPTER    87. 

ORDER  GRANTING  TO  WILL^  BAILEY  LICENCE  TO  SELL  STRONG  DRINK. 

A  Petition  of  William  Bailey  of  Amesbury,  Retailer,  shewing  Legislative 
that  being  at  Sea  at  the  Time  for  granting  Licences  for  selling  counc'if,  xx.^^^ 
strong  Drink  in  the  County  of  Essex,  this  present  Year,  he  lost  ^"-  Mass. 
his  OiJi^ortunity  of  renewing  his  Licence,  Praying  for  Liberty  to  cxix.,6iu'. 
do  it  at  the  next  Court  of  General  Sessions  of  the  Peace  for  said  House  Jour. 

County,  nal,pp.S5,86. 

Eead  & 

Voted  that  the  prayer  of  the  jjetition  be  Granted  and  that  the 
Court  of  Gien'  Sessions  of  the  peace  for  the  County  of  Essex  to  be 
Holden  at  Newberry  on  the  Last  Tuesday  of  September  Currant 
be  &  hereby  are  Impowered  (if  they  see  cause)  to  Grant  Licence 
to  the  s*^  W™  Bayley  to  be  A  Retailer  of  Spirituous  Liquors  Li  the 
Town  of  Almberry  y®  remaining  part  of  y®  year  Upon  his  Obtain- 
ing An  Approbation  from  the  Select  Men  of  the  S''  Town  the  time 
for  (rranting  Licenses  being  Elapsed  Notwithstanding.  [Passed 
September  11.^ 


CHAPTER    88. 

VOTE  APPOINTING  A  CO>F«=  FOR  BURNING  BILLS  OF  CREDIT. 

In  the  House  of  Representatives  Legislative 

Voted  that  M^  Speaker  M^  Wells  M^  James  Russel  M^  James  Bow-  councn.  xx!,^^ 
doin  &  M'  Fletcher  with  Such  <is  the  Hon^'^'«  Board  Shall  Joyn  be  i^j-chf^^^^ciii. 
a  Com''^  in  the  Recess  of  the  Court  to  tell  up  the  province  Bills  &  iso. 
Goverment  Securities  in  the  Treasurers  hands  And  Consume  them  House  Jour. 

to  Ashes  nal,p.74. 

In  Council  Read  and  Concur'd  &  John  Osborne,  Jacob  Wendell, 
Samuel  Watts,  John  W^heelwright  &  Andrew  Oliver  Esq"  are  joined 
in  the  Affair.     [Passed  September  11. 


CHAPTER    89. 

ORDER    ALLOWING    THE    ACCOUNT    OF    THE    TREASURER    OF    ESSEX 

COUNTY. 

An  Accompt  presented  by  Daniel  Appleton  Esq''  Treasurer  of  the  Legislative 
County  of  Essex  for  the  last  Year;  Having  been  by  him  laid  before  councif  "xx*^.^^ 
the  Court  of  General  Sessions  of  the  Peace  for  the  said  County,  &  §2.  Mass. 

1        . ,  n  T  *'  Archives, 

by  them  allowed.  ccxiviii.,  ei. 

Read  and  House  Jour- 

Ordered  that  the  within  Acc*^  be  allowed  and  that  the  Bal'  thereof  nai.pp.s.e;. 
being  forty  one  pounds  Seven  Shillings  and  eleven  pence  the  within 
named  Treasurer  is  further  Accounta^^  to  said  County  for.    [Passed 
September  11. 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  September  7.  The  House  Journal  order,  which  is  incomplete,  is  under 
date  of  September  13. 


42 


Province  Laws  {Resolves^  etc.).  — 1753-54.     [Chaps.  90-92.] 


Legislative 
Kecords  of  the 
Council,  XX.,  2. 
Mass. 
Archives, 
cxvi.,  326. 

Mass. 
Archives, 
cxvi.,323-335. 
Maps  and 
IMaus,  Mis., 
xxxii.,  24. 
Legislative 
Records  of  the 
Council,  XX., 
83.    House 
Journal,  p.  124 
(March,  1753) ; 
pp.  22, 36, 44, 70, 
74. 


CHAPTEK    90. 

ORDER    SETTING    OFF    DIVERS    PERSONS    AND    THEIR    ESTATES    FROM 
BROOKFIELD   TO   THE  PARISH  IN  THE  DISTRICT  OF  SPENCER. 

A  Petition  of  George  Harrington  jun""  William  Gill,  Joshua 
Harrington,  &  David  M^Cluer,  Inhabitants  of  Brookfield,  praying 
that  they  &  their  Estates  may  be  included  in  the  District,  proposed  ' 
to  be  taken  out  of  the  said  Town. 

Eead  & 

Ordered  that  the  prayer  of  the  pet°  be  So  far  granted  as  that  the 
pet"  and  that  part  of  their  Estates  Mentioned  in  the  pef^  be  Annexed 
to  the  parish  in  the  District  of  Spencer  there  to  do  duty  &  Eeceive 
parish  priviledges  During  the  Courts  pleasure.    \_Passed  Seijtember  11. 


CHAPTEK    91. 


VOTE    IMPOWERING    THE    SOUTH    PARISH    IN    MALDEN    TO  '  CALL    A 
MEETING  TO   CHOOSE  A  COLLECTOR. 

Legislative ^^^  ^  PETITION  of  the  South  Precinct  in  Maiden,  shewing  that  they 
councif,xx.,  ^  chose  a  Collector  at  their  Meeting  in  March  last,  but  he  neglecting 
ArchYvet'cv.,    to  take  the  Oath  in  time,  the  Election  is  void.  Praying  that  they 

^^^- may  be  impowered  to  chuse  a  Collector. 

Mass.  Eead  & 

443°  Housr''         Voted  that  the  parish  within  mentioned  be  and  hereby  are  Impow- 
journai,pp.73,  ^^.^^i  ^^  Qj^|^  ^  Meeting  of  S^  Parish  in  order  to  Chuse  a  Collector 
for  the  present  Year  which  Choice  Shall  be  held  good  &  Valid  to 
all  Intents  &  purposes  the  time  for  Such  Choice  being  Elapsed  Not- 
withstanding.    {Passed  September  11. 


CHAPTEK    92. 


Legislative 
Records  of  the 
Council,  XX., 
83.    Mass. 
Archives, 
Ixxiv.,  109'=. 

Mass. 
Archives, 
Ixxiv.,  110. 
House  Jour- 
nal, pp.  74, 75. 


VOTE   ALLOVv^ING   £3   AND   40/  ANNUALLY   TO   DANIEL   JOB. 

A  Petition  of  Daniel  Job  an  Indian,  setting  forth  his  many 
Services  in  the  late  Wars  against  the  French  &  Indians,  and  that 
by  Eeason  of  Age  &  Blindness  he  is  unable  to  provide  for  himself. 
Praying  for  Eelief,  from  this  Court. 

Eead  & 

Voted  that  the  Sum  of  Three  pounds  be  Allowed  the  pef  out 
of  the  province  Treasury  for  the  time  past  and  for  the  future  he 
be  Allowed  the  Sum  of  Forty  Shilling  f?  Annum  to  be  paid  into 
the  Hands  of  the  Guardian  of  the  Indians  In  the  West  part  of  the 
County  of  Barnstable  for  the  pet"  Use  during  the  Courts  pleasure. 
{Passed  Septemlier  11. 

1  Mass.  Archives,  cxvi.,  323,  states  that  this  "Request  on  the  30"i  of  Last  January" 
was  "to  the  selectmen  of  Said  Brookfeild,"  etc. 


[2d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1753-54.  43 

CHAPTEK    93. 

RESOLVE  ADDING   £666.  13.  4  TO  THE  APPROPRIATION  FOR  GRANTS. 

Whereas  the  Sum  of  five  Hundred  pounds  Sterling  was  granted  Rgford^of  the 
by  this  Court  at  their  Session  in  Dec''  1752  to  M'  Agent  Bollan  to  council,  xx., 
be  paid  out  of  the  publick  Treasury  to  Enable  him  to  sollieit  the  ArcWvls^xi., 

Affairs  of  this  province  at  the  Court  of  Great  Brittain  he  to  be  H£^ 

Accountable  In  Consequence  of  which  Vote  Charles  Apthorp  Esq'  ^°i^^^f  f?^- 
as  Attorney  to  S'^  Bollan*  has  Obtained  a  Warrant  Upon  the  prov-  Province' 
ince  Treasury  for  the  Sum  of  £500  Sterl?  Drawn  upon  the  Appro-  Jifa'^'-gf ;!iv.J' 
priation  of  3,500  for  Grants  Agreeable  to  a  Supply  Bill  made  &  662,  chap.  84.' 
passed  by  the  General  Court  at  their  session  at  Concord  May  1752 
which  Appropriation  is  Exhausted  and  there  being  no  other  Ap- 
propriation in  s'^  Supply  Bill  from  which  a  Transfer  can  be  made 
And  as  there  is  a  Necessity  for  the  Interest  of  this  Government 
that  the  money  Should  be  Immediately  remitted  S<^  Agent  And  as 
there  are  Considerable  Sums  of  Money  which  will  be  due  to  the 
province  in  a  Short  time  for  Lands  Sold  which  will  come  into  the 
Treasury  and  which  as  Yet  is  Not  Appropriated  for  Any  Use  What- 
ever Therefore 

Resolved  that  the  Sum  of  666.13.4  part  thereof  be  Added  to 
the  appropriation  of  Grants  &  Apply'*  for  that  purpose  and  that 
the  Treasurer  be  directed  to  discharge  S*^  Warrant  Accordingly. 
\_Passecl  SeiJtemher  11. 


CHAPTER    94. 

VOTE  IN  REGARD  TO  THE   SETTLEMENT  OF  THE  ESTATE  OF  PHINEAS 

ASHLEY  DECD. 

A  Petition  of  the  Heirs  of  Phineas  Ashley  of  Westfield  DeC^  Srdsonhe 
shewing  that  the  Circumstances  of  the  Deceaseds  Estate  are  such  council, xx., 
as  make  it  necessary  that  it  should  be  sold,  and  therefore  Praying  ArcMves^xix., 

that  the  Guardian  of  the  Children  of  Ebenezer  Ashley  dec*^  who  ^^ 

are  Minors  may  be  impowered  to  Join  with  the  Rest  of  the  Heirs  in  ^^^Mves,  xix., 
the  Sale  of  the  Eeal  Estate  of  the  said  Phineas  Ashley,  ii.  House 

r-r,       -\    a  -\  Journal,  pp.  69, 

[Eead  &J  85. 

Voted  that  Noah  parsons  Guardian  to  the  Children  of  Eben'  Ashley 
Deceased  be  &  hereby  is  fully  Authorized  &  Impowered  to  Joynwith 
Jonathan  xishley  Mercy  Dewey  Josiah  &  Lydia  Pumroy  &  any  Others 
that  may  be  Concerned  in  Making  An  Agreement  with  Margaret 
Ashley  for  her  Eight  of  Dower  in  the  Estate  of  Phinehas  Ashley 
within  Named  Deceased  And  after  they  have  paid  the  Sum  they 
may  Agree  with  her  for  to  take  her  Discharge  which  Shall  be  a 
final  Barr  to  Any  Action  She  might  have  had  for  her  Dower  in 
the  Estate  of  S'l  Phinehas  Ashley  And  that  the  Said  Noah  Parsons 
Guardian  As  Afores"^  be  further  Authorized  &  Impowered  to  Join 
with  the  S'^  Jonathan  Ashley  Mercy  Dewey  Josiah  &  Lydia  Pumroy 
&  any  others  that  may  be  concerned  In  Making  Sale  of  the  Whole  of 
the  Eeal  Estate  the  S'^  Phinehas  Ashley  died  Seised  of  &  in  making 
&  Executing  Ample  Conveyances  in  the  Law  of  the  Same  to  the 
person  or  persons  to  whom  it  may  be  Sold  Provided  the  S'^  Noah 
Guardian  as  afores'^  give  Caution  to  the  Judge  of  Probate  of  wills 


44 


Province  Laws  {Resolves,  etc.).  — 1753-54.     [Chaps.  95,96.] 


&c  in  the  County  of  Hampshire  for  Such  part  of  S"^  Estate  as  may 
belong  to  the  Children  of  the  S*^  Eben''  Ashley  Deceased.  \^Passed 
Seiitember  11. 


CHAPTER    95. 


Legislative 
Records  of  the 
Council,  XX., 

86.  M.ass. 
Archives, 
xllii.,  769. 

House  Jour- 
nal, p.  75. 


ORDER  OF  NOTICE  WITH  STAY  OF   EXECUTION  ON    THE    PETITION    OF 
AARON  PLUMMER  FOR  A  NEW  TRIAL. 

A  Petition  of  Aaron  Plummer  of  Scarborough  in  the  County  of 
York,  Complaining  of  great  Unfairness  and  of  Wrong  done  in  the 
Management  of  a  Trial  at  the  Superiour  Court  in  said  County  be- 
tween him  &  William  Wentworth  of  Kittery,  Praying  that  he  may 
be  admitted  to  a  new  Trial,  and  that  Execution  on  the  Judgment 
in  the  mean  time  be  stayed, 

Read  & 

Ordered  that  the  pef  Serve  the  Adverse  party  with  a  Copy  of  this 
pet°  that  he  Shew  Cause  (if  any  he  hath)  on  the  Second  Thursday 
of  the  Next  Sitting  of  the  Court  Why  the  prayer  thereof  Should 
not  be  granted  k  that  the  Execution  be  Stayd  in  the  Mean  time 
provided  the  pef  give  Sufficient  Security  to  the  Sherriff  of  the 
County  of  York  for  Such  Sum  as  may  be  found  finally  due  from 
the  pef  to  the  S''  W"'  Wentworth.     ^Passed  September  11. 


CHAPTER    96. 


Legislative 
Records  of  the 
Council,  XX., 

86.    Mass. 
Archives,  i., 
239. 

House  Jour- 
nal, p.  79. 


ORDER  OF  NOTICE  WITH  STAY  OF  EXECUTION  ON  THE  PET^^  OF  OLIVER 
ELLIS  &   OTHERS  FOR  A  NEW  TRIAL  OF  A  CAUSE. 

A  Petition  of  Oliver  Ellis  for  himself  &  about  Eighty  others  In- 
habitants of  Medfield  &  Medway  and  Proprietors  of  certain  Medows 
on  Charles  Eiver,  shewing  that  at  the  Superiour  Court  for  the  County 
of  Suffolk,  in  an  Action  between  the  Petitioners  &  Mathew  Hast- 
tings,  he  obtained  a  Judgment  against  said  Proprietors  purely  on 
Mis  construction  of  the  Evidence,  Praying  for  another  Trial, 

In  Council  Eead  and 

Ordered  that  the  Petitioner  serve  the  adverse  Party  Matthew  Hast- 
ings with  a  Copy  of  this  Petition '  that  he  shew  Cause  (if  Any  he  have) 
on  the  first  Tuesday  of  the  next  Sitting  of  this  Court  why  the  Prayer 
thereof  should  not  be  granted 

In  the  House  of  Eepresenf 

Read  «&  Concurred  with  the  Amendment  [to  wit]  And  that  the 
Execution  be  Stay  d  in  the  Mean  time  provided  S*^  Ellis  Give  Suffi- 
cient Security  to  the  Sheriff  of  the  County  of  Suffolk  for  Such  Sum 
as  the  S^  Math"^  Hastings  may  finally  recover  Against  him. 

In  Council.  Read  »&  Concur'd.     \_Passed  September  11. 

^  At  the  hearing  December  7, 1753,  this  petition  was  dismissed.  — Mass.  Archives,  i.,  240. 


[2d  Sess.]     Province  Laws  (Besolves,  etc.),  — 1753-54.  45 


CHAPTEK    97. 

ELECTION  OF  COMMISS^^  TO  TREAT  WITH  NEW  YORK  COMMISSIONERS.  Legislative 

Records  of  the 

This  being  the  Day  appointed  for  the  Election  of  Five  Com-  87. 
missioners  to  meet  &  treat  with  Commissioners  from  the  Govern-  Legislative 
ment  of  New  York,  on  the  DifEerences  relating  to  the  Boundaries  coSncif,  xx':f^ 
between  the  two  Provinces,  the  following  Persons  were  duly  elected  House^jour- 
by  the  Major  Vote  of  the  Council,  &  House  of  Representatives,  viz*'  nai,pp.7s,79, 
Samuel  Welles,  John  Chandler,  Thomas  Hutchinson,  James  Otis,  p!  le^chapf 20. 
and  Oliver  Patridge,  Esq".     [Passed  Sejjtember  12. 


CHAPTEK    98. 

ORDER  ALLOWING   £100  TO  MESS^^^  TIMOTHY  WALKER   AND    BENJAJMIN 

ROLFE. 

A  Petition  of  Timothy  Walker  &  Benjamin  Rolfe  for  themselves  Legislative 
&  others.  Proprietors  of  the  Town  of  Rumford,  formerly  granted  councif  xx!^^ 
&  settled  by  this  Province,  shewing  that  since  the  late  stating  &  ^-  Mass. 
runing  the  Boundary  Line  between  this  Province  &  New  Hamp-  135.        '    '' 
shire  (whereby  the  said  Town  was  taken  into  the  Province  of  New  Mass. 
Hampshire),  notwithstanding  his  Majesty's  Declaration,  that  the  ^g^^'^Legisia- 
Settlement  of  the  said  Line  should  not  effect  private  Property,  the  tive  Records  of 
Petitioners  are  continually  molested  by  Law  Suits,  and  their  Land  xx.,  87"°Ho'use 
unjustly  taken  away  from  them,  and  for  as  much  as  they  are  not  go.'^'wm ^Lap^ 
able  to  bear  the  Charge  of  Appeals  or  Complaints  to  His  Majesty,  ham's  History 
Praying  for  Relief  from  1;his  Court.  p.  5,  ' 

Read  & 

Ordered  that  the  Sum  of  One  Hundred  pounds  Sterling  be  Allowed 
«&  paid  out  of  the  publick  Treasury  to  Enable  the  petitioners  to  pros- 
ecute the  Affair  Mentioned  In  the  petition  they  to  be  Accountable 
therefore  to  this  Court.     [Passed  September  12. 


,  XX., 


.  CHAPTER    99. 

ORDER   IMPOWERING   ELIPHALET  WESTON,  GUARDIAN,  TO   SELL  REAL 

ESTATE. 

A  Petition  of  Eliphalet  Weston,  Guardian  to  Mary  &  Orphan  Legislative 
Peterson,  Minors,  Children  of  Daniel  Peterson,  late  of  Duxborough  councff.x:  ^'^^ 
dec'^  shewing  that  by  Reason  of  the  Expence  he  has  been  at  for  the  sj.  Mass. 
Support  of  the  said  Orphans,  their  Estate  falls  in  Debt  to  him  more  xix.,  i.   ' 
than  the  Personal  Estate  will  pay :  Praying  that  he  may  be  enabled  House  Jour- 
to  sell  so  much  of  the  Real  Estate  as  will  be  sufficient  to  discharge  nai,pp.7i,84, 
the  said  Debt. 

Read  & 

Ordered  that  the  Prayer  of  the  Petition  be  granted  &  that  the 
Petitioner  be  &  he  hereby  is  Impowered  to  make  Sail  of  So  much  of 
the  Real  Estate  of  the  minors  under  his  Guardianship  as  Amounts 


4G 


Province  Laws  (i?e6-o/ves,e^c.).  — 1753-54.  [Chaps.  100,101.] 


to  Seventeen  Pounds  Nineteen  Shillings  being  the  Ballance  due  to 
him  Viz'  out  of  the  Real  Estate  of  Orphan  Peterson,  Ten  Pounds 
fifteen  Shillings  &  Ten  pence  half  Penney  &  of  the  Real  Estate  of 
Mary  Peterson  Seven  pounds  Three  Shillings  &  one  Penney  half 
Penney  Besides  the  Charges  of  Sail  &  that  the  Said  Petitioner 
Guardian  as  afors*^  observe  the  Same  Rules  &  Directions  as  is 
Given  in  the  Law  for  the  Sale  of  Lands  for  the  Payment  of  Debts 
and  that  he  be  accountable  to  the  Judge  of  Probate  for  the  County 
of  Plymouth  for  his  Proceedings  &  that  the  Said  Guardian  be  Im- 
powered  to  give  a  Sufficient  Deed  or  Deeds  of  So  much  of  the  Real 
Estate  of  his  Wards  as  Shall  answer  the  aforesaid  Purposes.  [Passed 
September  12. 


CHAPTER    100. 


Legislative 
Records  of  the 
Council,  XX., 
SS.    Mass. 
Archives, 
cxvi.,  465. 

House  Jour- 
nal, pp.  80, 81. 


ORDER  IMPOWERING  THE   SELECTMEN  OF  DIGHTON   TO   CALL  A  TOWN 

MEETING. 

A  Petition  of  William  Ware  in  behalf  of  the  Select  Men  of 
Dighton  for  the  Year  1752,  shewing  that  sundry  Officers  chosen 
by  the  said  Town  at  their  Meeting  in  March  neglected  to  take  the 
Oath  of  Qualification,  that  their  Meeting  was  adjourned  untill  June, 
that  by  Reason  of  the  Sickness  of  the  Moderator  at  that  time  it 
failed.  Praying  that  this  Court  would  impower  the  said  Town  to 
have  another  Meeting  for  the  Choice  of  their  Officers, 

[Read  &] 

Ordered  that  the  Select-men  of  the  Town  of  Dighton  for  the 
year  1752.  be  and  hereby  are  Directed  &  impowered  to  issue  their 
Warrant  Directed  to  M""  Benjamin  Jones  of  said  Dighton  to  Call 
a  Town  meeting  as  Soon  as  may  be  to  make  Choice  of  the  Several 
Town  officers  for  the  year  Current  Avhich  .should  have  been  Chose 
in  the  month  of  March  Last  &  the  Said  Benjamin  Jones  is  hereby 
impowered  &  required  to  notify  the  Inhabitants  accordingly  and  the 
Said  Town  officers  when  Chosen  shall  be  as  much  impowered  &  obliged 
(to  all  intents  &  purposes)  To  Serve  in  the  Said  offices,  to  which  they 
Shall  be  respectively  Chosen  as  though  they  had  been  Chosen  in  the 
month  of  March  Last.     [Passed  September  12. 


CHAPTER    101.- 


Legislative 
Records  of  the 
Council,  XX., 
88.    Mass. 
Archives,  cxi., 
269. 

House  Jour- 
nal, p.  80. 


ORDER  GRANTING  TO   JOSEPH  MILLEKEN  LICENCE  TO   KEEP  AN  INN. 

A  Petition  of  Joseph  Milleken  of  Biddeford  in  the  County  of 
York,  shewing  that  he  is  conveniently  situated  for  keeping  a  House 
of  publick  Entertainment,  and  praying  that  the  Court  of  General 
Sessions  of  the  Peace  for  said  County  may  be  impowered  at  their 
next  Term  to  grant  him  a  Licence. 

Read  And 

Voted  that  the  prayer  of  the  pet°  be  So  far  granted  that  the  Jus- 
tices of  the  Gen'  Sessions  of  the  peace  for  the  County  of  York  at 
their  Next  Term  be  &  hereby  are  Authorized  &  Impowered  if  they 
See  fit  to  grant  Licence  to  the  to  the '  pef  to  keep  a  house  of  Pub- 

1  Sic. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  47 

lick  Entertainment  in  the  Town  of  Biddeford  he  first  Obtaining  an 
Approbation  from  the  Select  men  of  S'^  Town  the  time  for  Granting 
of  Licences  being  Elapsed  Notwithstanding.    [^Passed  Se^itemier  12.  * 


CHAPTEK    102. 

ORDER  ON  THE   PETITION  OF  KATHERINE   SACHEMUS,  INDIAN,  IN    RE- 
GARD TO  A  BOUNDARY  LINE. 

A  Petition  of  Katherine  Sachemus  of  Tetticut,  Indian,  complain-  Legislative 
ing  of  Encroachments  made  upon  her  Lands  in  the  said  Place,  more  councif  xx*.'^^ 
especially  with  respect  to  Lands  purchased  by  Nehemiah  Washburn  ^-  Mass. 
of  one  James  Thomas;  Praying  that  this  Court  would  appoint  the  xxxii., 4io. 
Guardians  of  the  Indians  or  some  other  Person  to  settle  the  divid-  Mass. 
ing  Line,  between  the  Lands  of  the  Petitioner  and  the  Lands  of  the  xxxiP  409 

said  Washburn.  House' Jour- 

p       -10  nal,  p.  80. 

xteau.  cC  Province 

Ordered  that  the  Guardians  of  the  Teticut  Indians  Together  with  ^ifap^'ul^Ti*!"' 
Cap  Sam'  White  Run  the  Line  &  Ascertain  the  bounds  of  the  pet"  chap]  221.' 
Laud  within  mentioned.     [^Passed  Seiitemher  12. 


CHAPTER    103. 

VOTE  IMPOWERING  MARG^  GIDDINGS,  ADM^,  TO   EXECUTE   A  DEED. 

A  Petition  of  Margaret  Giddings,  Widdow  &  Administratrix  of  ^gforlfof  the 
Job  Giddings  late  of  Ipswich  Dec'^  Praying  that  She  may  be  enabled  council, xx., 
to  give  a  Deed  of  Ten  Acres  of  Land,  Avith  Buildings  thereon,  in  Archfve^s^," 

Ipswich,  unto  William  Goodhue  of  said  Place,  which  her  late  Hus-  ^^x..  3. 

band  had  obliged  himself  in  his  Life  time  to  do  upon  Conditions,  Mass. 
Which  the  said  Goodhue  is  willins:  to  perform.  xix°.,  2!^^House 

Read  &  "  Journal,  p.  77. 

Voted  that  the  prayer  of  the  petition  be  granted  and  that  the 
S^  Margaret  Giddings  in  her  Capacity  of  Aclm='  be  &  hereby  is  Im- 
powered  to  give  as  Good  &  Sufficient  Deed  of  Conveyance  of  the 
Land  Mentioned  In  the  pet"  to  the  S*^  W™  .Goodhue  as  Job  Giddings 
the  Husband  of  the  S*^  Margaret  Who  is  Deceased  Might  Or  Could 
have  done  were  he  now  Living  She  giving  Caution  to  the  Judge  of 
Probates  for  the  County  of  Essex  that  the  money  Arising  by  the  S*^ 
Conveyance  be  Secured  for  the  benefits  of  the  Heirs  of  the  S''  Job 
Giddings.     \^Passed  Septeiiiber  IS."^ 

^  The  date  of  the  final  concurrence  in  the  Council  is  given  in  Mass.  Archives  as  Septem- 
ber U,  evidently  a  mistake,  as  the  same  order  states  that  its  reading  in  the  House  occurred 
on  September  12. 

-  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  and  the  House  Journal  the  date  is  September  11. 


48 


Provence  Laws  (Besolves,  etc.).  — 1753-54.  [Chaps.  104-106.] 


Legislative 
Records  of  tlie 
Council,  XX., 
90.    Mass. 
Archives,  vi., 
142. 

House  Jour- 
nal, p.  87. 
Province 
Laws,  xiv.,  460, 
chap.  128. 
Ante,  p.  32, 
chap.  67. 


CHAPTEK    104. 

ORDER  IMPOWERING  JOHN  CHANDLER,  ESQ",  TO  DEMAND  COPIES  FROM 
CONNECTICUT   RECORDS   OF  PAPERS   IN  REGARD  TO  BOUNDARY  LINE. 

Ordered  that  John  Chandler  Esq'  be  impowered  &  directed  to 
demand  Copies  from  the  proper  Offices  in  the  Colony  of  Connect- 
icut of  all  Papers  &  Records  relating  to  the  Settlement  of  the  Line 
between  this  Province  &  the  s*^  Colony;  &  that  in  Case  any  such 
Copies  shall  be  refused  to  be  delivered  that  the  said  John  Chandler 
Esq'  do  there  demand  the  same  by  a  publick  Notary,  or  in  the  Pres- 
ence of  two  Witnesses,  &  that  he  take  Care  to  cause  the  Evidence 
of  such  Demand  &  the  refusal  thereupon  to  be  duly  authenicated. 
[Passed  Sejjtemher  13. 


CHAPTEK    105. 


Legislative 
Records  of  the 
Council,  XX., 
91.    Mass. 
Archives, 
xix.,  4. 

House  Jour- 
nal, p.  SI. 


VOTE  IMPOWERING  THE  JUDGE  OF  PROBATE  TO  DIVIDE   ESTATES   LEFT 
TO  THE   CHILDREN  OF  JOSEPH  SAWYER,  DECEASED. 

A  Petition  of  Oliver  Moore  &  John  Prescot,  Guardian  of  the 
Children  of  Joseph  Sawyer  jun'  dec*^  shewing  that  the  said  Chil- 
dren have  Lands,  left  them  by  their  Father  &  other  Lands  left 
them  by  their  Grandfather,  both  of  Lancaster,  that  it  will  be  very 
inconvenient  to  have  the  said  Lands  assigned  them  in  seperate 
Divisions,  therefore  Praying  that  the  Judge  of  Probate  for  the 
County  of  Worcester  may  be  directed  to  make  the  Division  as  of 
one  single  Estate. 

Read  & 

Voted  that  the  prayer  of  the  petition  be  granted  And  that  the 
Judge  of  Probates  for  the  County  of  Worcester  be  &  hereby  is  Im- 
powered to  give  out  his  Commission  Ordering  the  Lands  Mentioned 
in  the  petition  to  be  Equally  [divided] '  between  the  Heirs  of  Joseph 
Sawyer  Mentioned  in  the  petition  in  the  Same  Manner  as  tho  the 
Lands  had  Descended  to  them  from  their  Father  Exceepting  only  that 
the  Eldest  Son  have  a  Single  Share  Equal  to  one  of  the  Other  Heirs 
of  that  Land  that  was  given  to  them  by  their  Grandfather  In  as 
much  as  it  Appears  by  the  Deed  Exhibited  that  it  was  to  be  Equally 
Distributed  Among  all  of  the  S*^  H".     [Passed  September  13. 


CHAPTER    106. 


ORDER  OF  NOTICE  WITH  STAY  OF  EXECUTION  ON  THE  PETITION  OF 
THOMAS  FLETCHER  TO  ENTER  AN  APPEAL. 


Legislative 
Records  of  the 
Council,  XX., 
91.    Mass. 
Archives, 
xliii.,  757. 

Mass. 
Archives, 
xliii.,  755. 


A  Petition  of  Thomas  Fletcher  of  Boston  Merchant,  shewing 
that  at  the  Inferiour  Court  of  Common  Pleas  for  the  County  of 
Suffolk,  held  in  July  last,  Judgment  was  given  against  him  (by 
Reason  of  the  Absence  of  his  Attorney)  in  an  Action  brought 
against  him  by  George  Ruggles  on  a  protested  Bill  of  Exchange, 
which  had  been  endorsed  over  to  the  said  Ruggles;  Praying  that 

*  Inserted  from  Legislative  Records  of  the  Council,  xx.,  91. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  49 

he  may  be  allowed  his  Appeal  to  the  next  Superiour  Court,  &  Ex-  House  Jour- 
edition  stayed  in  the  mean  time.  nai,  p.  68. 

Read  and 

Ordered  that  the  Pef  serve  Cap'  Joshua  Loring  with  a  Copy  of 
this  Pet°  that  so  He  shew  cause  if  any  He  hath  on  the  first  fryday 
of  the  next  Sitting  of  this  Court  why  the  Prayer  thereof  should 
not  be  granted  And  Execution  is  Stayed  in  the  mean  time  Pro- 
vided the  Pef"  give  sufficient  Caution  to  the  Sheriff  of  the  County 
of  Suffolk  to  pay  such  Sum  as  shall  finally  be  Judged  due  on  this 
Affair.     \^Passed  September  13. 


CHAPTEE    107. 

ORDER  ALLOWING   £10   TO   JOSIAH  LOOMIS. 


A  Petition  of  Josiah  Lomis  of  Tacknachg  setting  forth  his  Legislative 
great  Sufferings  &  Losses  by  Reason  of  his  maintaining  the  Right  councif  xx!^^ 
of  this  Province  to  Lands  lying  on  the  Western  Borders,  &  pray-  9i-  Mass.   ' 
ing  that  this  Court  would  take  uj)on  them  to  manage  his  Suits  in  us.        '    '' 


the  Law  on  this  Account,  or  defray  the  Charges  he  is  or  may  be  Mass. 

flf  flTPrpin  Archives, vi., 

at  tnerem.  ^^    ^^^^^ 

[Read  &J  Journal, pp. SC 

Voted  that  the  sum  of  Ten  pounds  be  Granted  to  the  pet'  In  Order  ^ '  ^^' 
to  Support  him  in  Carrying  on  his  Action  of  Trespass  Against  the 
Van  Dusars  To  be  put  into  the  Hands  of  John  Worthington  Esq"^ 
he  to  be  Accountable  for  the  Same.     [Passed  September  13. 


CHAPTEE    108. 

ORDER  OF  NOTICE   WITH   STAY  OF   EXECUTION   ON    THE    PETITION    OF 
NATHi-  SPARHAWK  TO  BRING  FORWARD  A  WRIT  OF  REVIEW. 

A  Petition  of  Nathaniel  Sparhawk  of  Kittery  Esq'  shewing  in  Legislative 
an  Action  between  him  &  M""  Benjamin  Colman  on  one  part  and  councif  xx*^^ 
Andrew  Knox  on  the  other;  tried  at  the  last  Superiour  Court  in  9i.  Mass.'"' 
Boston,  by  Reason  of  the  Absence  of  their  Attorney,  Judgment  xim'^.^Tee! 
went  against  them.  Praying  that  Execution  may  be  stayed  upon  ^ii[^, 
the  Petitioners  giving  Bond  to  review  the  said  Cause  at  the  next  A^9^^I^?'..„ 

n  j_  o  o  xliii.,  764-768. 

Lourt:  House  Jour- 

Read  &  nal,p.84. 

Voted  that  the  pet'  Serve  the  Adverse  party  And"^  Knox  with  A 
Copy  of  this  pet°  that  he  Shew  Cause  (if  Any  he  have)  Upon  the  first 
Tuesday  of  the  Next  Sitting  of  the  Court  why  the  prayer  thereof 
Should  not  be  granted  &  that  the  Execution  and  all  processes  in  s'* 
Cause  be  Stayed  in  the  Meantime.     \^Passed  September  IS. 


50 


Province  Laws  {Besolves,etc.).  — 1753-54.  [Chaps.  109-111.] 


Legislative 
Records  of  the 
Council,  XX., 
92.    Mass. 
Archives, 
cxvi.,  4'22. 

Mass. 
Archives, 
cxvi.,  421. 
House  Jour- 
nal, pp.  72,  82. 


Legislative 
Becords  of  the 
Council,  XX., 
43.    Mass. 
Archives, 
cxvi.,  396. 

Mass. 
Archives, 
cxvi.,  395. 
Legislative 
Records  of  the 
Council,  XX., 
92.    House 
Journal,  pp.  27, 
75,  84. 


CHAPTER    109. 

ORDER  OF  NOTICE  ON  THE   PETITION  OF  THE  FALL  TOWN  INHABts  IN 
REGARD   TO  MINISTERIAL  TAXES. 

A  Petition  of  Ebenezer  Shelden  jun'  &  others,  Proj)rietors  & 
Inhabitants  of  the  Plantation  called  Fall  Town,  setting  forth  the 
Difficulties  they  are  under  to  raise  Money  for  the  Support  of  the 
Ministry  &  other  necessary  Charges,  &  praying  that  they  may  be 
impowered  to  gather  the  Taxes  already  assessed  on  the  Grantees 
Eights  in  said  Place,  &  further  Taxes  necessary  to  be  laid;  and 
for  as  much  as  they  are  obliged  to  settle  only  Sixty  Eights,  that 
the  Court  would  order  which  Eights  shall  stand  obliged  to  be 
settled,  &  which  not. 

Eead  & 

Ordered  that  the  petitioners  Serve  the  Proprietors  of  Falltown 
both  the  Eesiden '  &  Non  resident  with  this  Petition  by  Inserting 
the  Substance  thereof  In  the  Evening  Post  that  they  Shew  Cause 
(if  Any  they  have  on  the  first  Friday  of  the  Next  Sitting  of  the 
Court  why  the  prayer  thereof  Should  not  be  Granted.  \^Passed 
Septemler  IS. 


CHAPTER    110. 

ORDER  IMPOWERING  THE  ASSESSORS   OF  THE   TOWN   OF    STURBRIDGE 
TO  LEVY  A  TAX  OF  ONE  PENNY  PER  ACRE   ON  UNIMPROVED  LAND. 

A  Petition  of  Capt  Moses  Mercy  as  Agent  for  the  Town  of  Stur- 
bridge.  Setting  forth  the  great  Difficulties  the  Inhabitants  are  under 
to  raise  a  suitable  Support  of  the  Ministry  there,  and  forasmuch  as 
there  are  considerable  Tracts  of  Land  in  said  Town  that  are  daily 
growing  in  their  Value  by  the  Increase  of  the  Inhabitants;  which 
ly  unimproved,  praying  that  the  Inhabitants  of  said  Town  may 
be  impowered  to  Tax  the  said  unimproved  Lands  belonging  to  the 
Eesident  as  well  as  Non  Eesident  Proprietors  for  the  Support  of 
the  Ministry  &  School,  and  making  &  repairing  necessary  High 
Ways  t&  Bridges, 

Eead  & 

Ordered  that  the  prayer  of  the  pef^  be  so  far  Granted  as  that  the 
Assessors  of  the  s*^  Town  of  Sturbridge  be  Impowered  to  Assess  One 
penny  ^  acre  Annually  for  the  Three  Next  Succeeding  Years  on  the 
Unimproved  Lands  Mentioned  in  the  Petition.  \_Passed  Se])tem- 
her  13. 


CHAPTER    111. 

ORDER  DIRECTING  THE  PROVINCE  TREAS«  TO  RECEIVE  BILLS  &   PARTS 
OF  BILLS  OF  CREDIT. 


Legislative 
Records  of  the 
Council,  XX., 
81.    Mass. 
Archives,  ciii., 
181. 


Voted  that  the  Province  Treasurer  be  directed  to  Eeceive  Prov- 
ince Bills  of  Credit  also  halves  &  Quarters  of  the  Same  of  Sheriffs 
Farmers  of  Excise  Constables  &  Collectors  of  the  Province  Taxes 


1  Sic. 


[2d  Sess.]     Peovince  Laws  {Resolves,  etc.).  — 1753-54.  ■  51 

till  the  first  day  of  March  next  &  No  Longer  And  that  the  Treas-  House  Jour- 
urer  give  Notice  of  this  Vote  in  the  Publick  Prints  Accordingly.  ^^fi'PP-es.ee, 
\^Passed  SefUiiiber  14.' 


CHAPTER    112. 

ORDER  GRANTING  THE  PETITION  OF  MATHEW  HASTINGS  FOR  STAY  OF 

EXECUTION. 

A  Petition  of  James  Otis  &  Oxenbridge  Thatcher,  Attorneys  to  Legislative 
Mathew  Hastings,  setting  forth  the  State  of  the  Case  lately  tried  at  ^^Xif.xx^f^ 
the  Superiour  Court  for  the  County  of  Suffolk,  between  the  said  ^-  Mass. 
Hastings  &  Oliver  Ellis,  referr'd  to  in  the  said  Ellis's  Petition,  xiul.tIiI 
Enter'd  Yesterday,  Praying  that  the  Court  would  now  proceed  to  Mass. 
hear  &  determine  upon  the  said  Petition,  or  that  Sylvanus  Plymp-  xuf^^Tll' 
ton's  Execution  against  the  Petitioner  Hastings,  which  relates  to  Legislative 
the  same  general  Cause  maybe  stayed  till  this  Court  may  deter-  councif.xx.,  ^ 
mine  on  Ellis's  Affair.  I'outKpp.  82. 

Eead  &  S9.    ^n<e,p.44, 

Ordered  that  the  prayer  of  the  petition  be  so  far  granted  That  ^  ^^'  ^^' 
Inasmuchas  the  Petitioners  Execution  Against  Oliver  Ellis  is  Stay'd 
by  Order  of  this  Court  that  Sylvanus  Plymptons  Execution  Against 
the  Pef  be  Also  Stay  d  Until  the  time  Appointed  for  the  hearing 
before  this  Court  on  the  Petition  of  the  S*^  Ellis  And  Also  that  the 
pet"  Execution  Against  Ebenezer  Mason  for  Cost  be  Also  Stay  d  to 
that  time.     \_Passed  September  14.'^ 


CHAPTER    113. 

VOTE  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE  FOR  FARMING 
EXCISE  IN  THE  COUNTY  OF  NANTUCKET,  AND  ALLOWING  £2.  4.  1 
FOR  EXPENSE  THEREOF. 

The  Committee  for  letting  out  to  farm  the  Excise  for  the  County  Legislative 
of  Nantucket  for  the  present  Year  reported  that  they  had  let  out  councif,  x*x*.^^ 
the  same  to  Obed  Hussey  for  Twenty  five  Pounds,  seventeen  Shil-  9i-  Mass. 
lings,  &  had  lodged  his  Bond  in  the  Treasury,  their  Charge  being  cxix.,W 

£2.4.1.  Mass. 

Read  &  Accepted  &  _     f^^lj!k 

Voted  that  the  Sum  of  Two  pounds  4/1  be  Allowed  &  paid  House  Jour- 
out  of  the  Publick  Treasury  In  Discharge  of  the  within  Account.  ^nte,'v- -is, 
[Passed  September  14.'  <'^^^-^- 

1  The  date  of  the  final  concurrence  in  the  Council  is  given  in  Mass.  Archives  as  Septem- 
ber 11,  evidently  a  mistake,  as  the  same  order  states  that  its  reading  in  the  House  occurred 
on  September  14. 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  September  12. 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  September  13. 


52 


Province  Laws  (i^eso/ves,  e^c. ) .  — 1753-54.  [Chaps.  114-116.] 


CHAPTER    114. 


ORDER  DIRECTINO  THE  COMMISSIONERS  TO  THE  INDIANS  AT  THE 
EASTWARD  TO  TAKE  AS  MANY  ORIGINAL  INDIAN  DEEDS  WITH  THEM 
AS  THEY  CAN  OBTAIN. 


Legislative 
Records  of  the 
Council,  XX., 
93.    Mass. 
Archives, 
xlvi.,  319. 

Legislative 
Records  of  the 
Council,  XX., 
90.    House 
Journal,  pp.  89, 
90.    Ante, 
p.  36,  chap.  75. 


In  the  House  of  Eepresent 

The  Hoiise  having  taken  into  Consideration  his  Excellencys  Mes- 
sage of  Yesterday 

Ordered  That  the  Commissioners  that  may  be  Appointed  to  the 
Interview  with  the  Eastward  Indians  Carry  with  them  as  many 
of  the  Original  Deeds  of  the  Lands  in  the  Eastward  parts  of  this 
province  as  they  Can  Obtain  in  Order  to  Quiet  and  Satisfy  the 
Said  Indians. 

In  Council  Reaad  &  Concur'd.     [Passed  September  14.^ 


CHAPTER    115. 


Legislative 
Records  of  the 
Council,  XX., 
93.    Mass. 
Archives,  ciii., 
182. 

House  Jour- 
nal, p.  91. 
Ante,  p.  41, 
chap.  88. 


VOTE  FOR  BURNING  SMALL  BILLS  OF  CREDIT. 

Voted  that  the  Com'^^  Appointed  by  this  Court  to  take  An  Account 
of  the  Province  Bills  and  of  the  Government  Securities  in  the  Present 
Treasurers  hands  &  Consume  them  to  ashes  Be  also  directed  to 
take  An  Account  of  the  Small  Bills  made  for  Change  in  the  hands 
of  the  former  Treasurer  &  Consume  them  to  ashes  also  And  Like- 
wise take  an  Account  of  him  what  he  has  passed  away  of  S*^  Bills  that 
he  is  Accountable  for.     [Passed  SejJtemher  14. 


CHAPTER    116. 


VOTE  APPOINTING  A  COM^ee  TO   CONFER   WITH  A  COMM^ee  FROM   CON- 
NECTICUT GOVERNMENT. 


Legislative 
Records  of  the 
Council,  XX., 

93.  Mass. 
Archives, 
cxix.,  616. 

Mass. 

Archives,  iv., 
44,  46.    Legis- 
lative Records 
of  the  Council, 
XX.,  84.   House 
Journal,  p.  93. 


In  the  House  of  Rep'' 

Voted  that  Samuel  Wells  John  Chandler  Thomas  Hutchinson 
James  Otis  and  Oliver  Partridge  Esq"  be  a  Com"'^  to  Confer  with 
Such  as  may  be  Appointed  by  the  General  Court  of  the  Colony  of 
Connecticut  to  be  Convened  In  Oct°  Next  for  Enourageing  &  facil- 
litating  Trade  &  Commerce  between  the  people  of  The  Two  Govern- 
ments and  Make  report  to  this  Court  for  their  Confirmation  And  the 
S"^  Com"^*  are  directed  to  Transact  this  Affair  about  the  time  of  their 
Meeting  the  Gentlemen  of  New  York  &  at  the  Same  place 

In  Council,  Eead  &  Concur'd  And  that  His  Excellency  be  desired 
to  inform  the  Governor  of  Connecticut  of  this  Proposal  that  so  the 
Gen^  Assembly  of  that  Colony  may  appoint  some  Gentlemen  to  treat 
with  the  Gentlemen  aforesaid  if  they  see  meet  on  this  Affair. 
In  the  House  of  Eep'. 

Eead  &  Concurred.     [Passed  Septerriber  14. 

^  The  date  of  final  concurrence  in  tlie  Council  is  given  in  Mass.  Archives  as  Septem- 
ber 13,  evidently  a  mistake,  as  the  same  order  states  that  its  reading  in  the  House  occurred 
on  September  14. 


[2d  Sess.]     Province  Laws  (Besolves,  etc.).  — 1753-54.  53 

CHAPTER    117. 

VOTE  ALLOWING   £500  TO  M^  AGENT  BOLLAN. 

Voted  that  the  Sum  of  five  Himclred  pounds  Sterling  be  paid  Out  ]^|f^^Xjf  the 
of  the  publick  Treasury  to  M'  Agent  Bollan  to  Enable  him  to  Transact  council,  xx., 
the  Affairs  of  this  province  at  the  Court  of  Great  Brittain  &  that  M"^  ArcWves^xi., 

Treasurer  Gray  be  &  hereby  is  directed  to  Transmit  the  Same  to  him  ]}a. 

Accordingly.     [Passed  Se^demUr  14.  na°"pp'^9T9'^ 


CHAPTER    118. 

VOTE  FOR  A  GUARD  FOR  THE  EASTERN  COMMISSIONERS.  Refords'Jnhe 

Council,  XX., 

Voted  that  the  Cap*  General  be  Desired  To  give  Or_ders  for  a  Guard  f:^^^^^^- 
Not  Exceeding  fifty  men  for  the  Defence  of  the  Comiss"  Appointed  ixxiv.,  iJea. 
to  Treat  with  the  Eastern  Indians  If  the  S*^  Comissioners  think  it  House  Jour. 
Necessary  when  they  shall  Arrive  there.     [Passed  Septeinher  14.       ^nt^vh^, 

chap.  75. 


CHAPTER    119. 

VOTE  OF  THANKS  TO  THE  GOVERN^  FOR  HIS  OBTAINING  CANNON, 
MORTARS,  &c.,  FOR  CASTLE  WILLIAJNI  AND  ALLOWING  £52.  10  EX- 
PENSES THEREOF. 

Ordered  that  the  thanks  of  this  Court  be  given  to  his  ExceP''  the  Legislative 
Gov-^  for  his  Care  in  Soliciting  his  Majesty  fgr  the  Cannon  &  Mortars  Scif.xx., 
&c  for  Castle  William  So  far  as  to  Obtain  the  Same  in  the  room  of  ^-^j^f^^^'; 
those  that  were  taken  from  thence  for  Lovisbourg  Expedition  And  ixxiv.,  iiV. 
that  the  Sum  of  fifty  Two  pounds  Ten  Shillings  Sterl^  be  paid  out  House  Jour- 
of  the  Publick  Treasury  to  his  Excellency  Governour  Shirley  for  "^^^^  p-  ^• 
Sundry  Contingent  Charges  «Siic  Expended  In  Obtaining  S**  Cannon 
&  Stores.     [Passed  September  14. 


CHAPTER      120.  Records  of  the 

Council,  XX., 
94. 

VOTE  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE   ON  INSTRUCTIONS  rr— 

TO  THE   C0MMISS«8  ON  THE  AFFAIR  OF  THE  WEST^  LINE.  Archives,  vi., 

142.    Leglsla- 

JoHN  QuiNCT  Esq*  from  the  Committee  of  both  Houses  appointed  th^^councu, 
to  prepare  Instructions '  for  the  Commissioners  on  the  Affair  of  the  f J^^ai.Jirs-i^ 
Western  Boundaries  of  this  Province  reported  a  Draught  of  the  same.  ^^.Jj,  w^^ 

Which  were  read  &  accepted  by  both  Houses  &  consented  to  by  chap'.  97. 
the  Governour.     [Passed  September  14. 

^  The  instructions  have  not  been  found. 


54 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  121-123.] 


CHAPTEK    121. 


Legislative  VOTE  REFERRING  ALL  UNFINISHED  MATTERS. 

Records  of  the 
Council,  XX., 

y± Voted  that  all  Matters  now  before  the  Court  &  not  pass'd  upon 

House  Jour-      be  refer'cl  to  the  next  Sitting  of  this  Court.     \^Passed  Seiitemter  14. 


CHAPTER    122. 


ORDER  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE  TO  FARM  EXCISE 
FOR  THE  COUNTY  OF  HAMPSHIRE  AND  ALLOWING  £1.  2  EXPENSES 
THEREOF. 


Legislative 
Records  of  the 
Council,  XX., 
94.    Mass. 
Archives, 
cxix.,  617. 

House  Jour- 
nal, p.  92. 
Province 
Laws,  ill.,  742, 
note.    Ante, 
p.  26,  chap.  47. 


The  Com'^'^  apointd  by  order  of  the  Great  &  General  Court  to 
farm  out  the  Excise  on  spirituous  Liquors  in  the  County  of  Hamp' 
having  attended  that  servis  &  after  due  Publication  Given;  farmed 
the  same  to  noah  ashly  Esq''  of  westfield  for  one  year  from  the  9*^ 
of  July  Last  for  one  hundred  &  thurty  five  pounds  Lawful  money 
he  being  the  highest  Bider;  we  have  taken  his  Band  with  suretys 
&  Lodged  the  same  with  m'  Treasurer  Gray 

^  order  of  the  Com"  Elea^  Porter 

Eead  & 

Ordered 

That  this  Keport  be  Accepted  &  that  the  Sum  of  One  pound  Two 
shillings  be  Allowed  &  paid  out  of  the  publick  Treasury  to  S*^  Com'^^ 
In  full  Discharge  of  the  foregoing  Acc^     \_Passed  September  14. 


CHAPTER    123. 

VOTE  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE  TO  FARM  EXCISE 
IN  THE  COUNTY  OF  WORCESTER  AND  ALLOWING  £2.6.8  EXPENSES 
THEREOF. 


Legislative 
Records  of  the 
Council,  XX., 
94.    Mass. 
Archives, 
cxix.,  614. 

House  Jour- 
nal, p.  90. 
Ante,  p.  26, 
chap.  48. 


The  Comittee  appointed  by  Order  of  the  great  and  Gen^  Court 
to  farm  out  the  Excise  on  Spirituous  Liquors  ifec'  in  the  County  of 
Worcester  having  attended  that  Service,  and  after  due  Publication 
given  farm'd  the  Same  to  M""  John  Hunt  of  Watertown  for  one  year 
from  the  9*^  of  July  last  for  Two  hundred  &  Seventy  Two,  pounds 
Lawfull  mony  he  being  the  highest  bider  we  have  taken  his  bond 
with  Suretys  &  Lodged  the  Same  [with]  M"^  Treasurer  Gray. 

^  order  of  the  Com"®  John  Chandler 

Read  & 

Voted  that  the  Aboue  report  be  Accepted  &  that  the  S*^  Com'** 
be  Allowed  and  paid  out  of  the  publick  Treasury  the  Sum  of  Two 
pounds  6/8  In  full  Discarge  of  this  Ace'.     [^Passed  Sejjtember  14. 


[2d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1753-54.  55 


CHAPTER    124.. 

ORDER  IMPOWERING  DESIRE  RUSSELL,  ADM-^,  TO   SELL  LAND. 

A  Petition  of  Desire  Russell  of  Barnstable,  Widdow  &  Administ^  Legislative 
of  Jonathan  Russell  Dec*^  shewing  that  her  said  Husband's  personal  councif.xx!!^^ 
Estate  fell  short  of  paying  the  Debts  and  Charges  the  Sum  of  Twenty  ArcWves^'xix 
two  Pounds  eighteen  shillings  and  four  pence,  and  for  as  much  as  i3.         '       ' 
the  Petitioner  was  unavoidably  hindred  from  applying  to  the  Supe-  Mass. 
riour  Court  for  Licence  to  sell  part  of  the  real  Estate  for  paying  the  ^^u^ House"' 
said  Sum,  when  the  said  Court  sat  last  at  Barnstable,  Therefore,  pray-  Journal,  p.  91. 
ing  that  this  Court  would  grant  her  a  Licence  for  the  same. 

Read  »& 

Ordered  that  the  Prayer  of  the  Pet°  be  so  far  granted  as  that  the 
Pef  be  allowed  to  sell  so  much  of  the  Intestates  Land  as  shall  be 
sufficient  to  pay  the  within  mentioned  Debt,  she  giving  Proper  Cau- 
tion to  the  Judge  of  Probate  for  the  County  of  Barnstable  to  dis- 
pose of  the  Produce  of  the  Premises  pursuant  to  Law.  \_Passed 
September  14. 


CHAPTER    125. 

VOTE  APPOINTING  A  COM^ee  xo  SEND  PAPERS  TO  M^  AGENT   BOLLAN. 

In  the  House  of  Representatives  Legislative 

Voted  that  M"^  Speaker,  W  "Welles  and  M""  James  Russell  with  councif.xx.,^ 
such  as  the  Hon'''*  Board  shall  Join,  be  a  Committee  in  the  Recess  ArcMve\^' xxi. 
of  the  Court,  to  take  under  Consideration  M"  Agent  Bollans  Letter,  us- 
and  transmitt  to  him  such  Papers  and  Evidences,  as  they  judge  neces-  Legislative 
sary  for  his  Transacting,  and  carrying  on  the  Affairs  of  this  Prov-  councn!  xl!,^^ 
ince,  at  the  Court  of  Great  Britain  journaf^p  92 

In  Council  Read  &  Concur'd  and  Andrew  Oliver  and  Thomas 
Hutchinson  Esq"  are  joined  in  the  Affair.     \^Passed  SejJtemier  14. 


CHAPTER    126. 


ORDER  IMPOWERING  SARAH  TAYLOR,  ADM-^,  TO  SELL  LAND. 

A  Petition  of  Sarah  Taylor  Widdow  of  Rowland  Taylor  late  of  i^f^lds^Jfthe 
Barnstable  deceased,  and  Administratrix  of  his  Estate,  shewing  that  council,  xx., 
the  Debts  &  Charges  on  the  said  Estate  amounted  to  £10.11.11  more  Archfve^s^ix., 
than  the  personal  Estate,  Praying  that  she  may  be  impowered  to  sell  ^ 


so  much  of  the  Lands  as  will  discharge  the  said  Debts,  &c^  Mass. 

-D       1  1  '^  Archives.  XIX., 

Read  and  15, 15a.  Aouse 

Ordered  That  the  Prayer  of  the  Pet°  be  so  far  granted  as  that  the  Journal,  p.  91. 
Pet'  be  allowed  to  sell  so  much  of  the  Intestates  Land  as  shall  be 
sufficient  to  pay  the  within  mentioned  Debt,  she  giving  proper  Cau- 
tion to  the  Judge  of  Probate  for  the  County  of  Barnstable  to  dis- 
pose of  the  Produce  of  the  Premises  pursuant  to  Law.  [Passed 
Sejjteinber  14. 


56 


Province  Laws  {Resolves, etc.).  — 1753-54.  [Chaps.  127, 128.] 


CHAPTEK    127. 


ORDER  ACCEPTING  THE  REPORT    OF    THE   COMMITTEE    ON    THE    PETI- 
TION  OF   ABRAHAM   DAVIS   TO   VACATE   A  JUDGMENT. 


Legislative 
Records  of  the 
Council,  XX., 
95.    Mass. 
Archives, 
xliii.,  731. 

Mass. 
Archives, 
xliii.,  729. 
House  Jour- 
nal, pp.  83, 93. 
Ante,  p.  15, 
chap.  17. 


On  the  Petition  of  Abraham  Davis,  \_ante,  p.  15,  chap.  17] 

The  Com®''  appointed  to  consider  the  within  Pet""  having  fully 
heard  the  Parties  thereon,  Eeport 

That  the  Prayer  of  this  Pet"  be  granted,  And  that  the  Judgm^ 
within  referr'd  to  &  the  Eicon  issued  thereupon  be  declared  void. 
And  that  there  be  a  new  Entry  of  the  Action  mentioned  in  the 
Petition  at  the  next  Sup''  Court  of  Jud'^  to  be  holden  within  &  for 
the  County  of  Essex,  And  that  the  Justices  of  the  said  Court  be 
impowered  &  directed  to  hear  &  determine  the  same,  give  Judgm' 
&  award  Execution  accordingly. 

All  w'^'^  is  humbly  submitted,  in  the  Name  &  by  Order  of  the 
Comni^®  John  Otis 


Eead  & 

Ordered  that  this  Report  be  accepted. 


\_Passed  Septemher  14. 


CHAPTER    128. 


VOTE    ON    PETITION    OF    CONCORD    FIRST    PARISH  IN  REGARD   TO  THE 
COLLECTION  OF  TAXES. 


Legislative 
Records  of  the 
Council,  XX., 
95.    Mass. 
Archives,  cv., 
434. 

Mass. 

Archives,  cv., 
433.   House 
Journal,  pp.  87, 
89. 


A  Petition  of  Ephraim  Jones,  Agent  for  the  first  Parish  in  the 
Town  of  Concord,  setting  forth  that  one  John  Billing  was  chosen 
&  sworn  as  a  Collector  for  said  Parish  for  the  Year  1751,  &  a  Rate 
List  committed  to  him  to  collect,  which  he  did  in  part,  but  before 
his  Collection  was  finished,  he  became  Delirious,  &  still  continues 
to  be,  without  any  Prospect  of  Recovery ;  Therefore  Praying  that 
the  said  Parish  or  their  Committee  may  be  impowered  to  take  the 
said  List,  &  commit  it  to  some  other  Person  to  collect  what  now 
remains  unpaid. 

Voted '  that  the  Committee  of  the  first  parish  in  Concord  be  and 
Hereby  are  Impowered  to  take  the  list  of  Assessment  which  has 
been  Committed  to  M''  John  Billing  late  Collector  who  by  Sickness 
and  disorder  of  mind  is  unable  to  Complat  his  Collection  and  take 
therefrom  a  list  of  the  persons  who  have  not  paid  their  proportion 
of  the  Said  List  and  the  Several  Sums  due  from  Each  of  them  and 
Commit  the  Same  to  one  of  the  Collectors  of  S*^  Parish  for  this 
present  year  with  a  Warrant  to  oblige  and  Enable  him  to  Collect 
the  Same  the  Said  parish  Committee  allowing  the  Collector  to 
whom  they  Committ  the  Same  after  the  Rate  of  Five  ^  Cent  for 
his  Service.     {Passed  Septemher  14. 

'  MS.  mutilated. 


[2d  Sess.]     Province  Laws  (Hesolves,  etc.).  — 1753-54.  57 

CHAPTEE    129. 

VOTE  ALLOWING   £34.  0.  2  TO  DAVID  INGERSOL  ESQ«. 

A  Petition  of  David  Ingersol  Esq'  setting  forth  his  Service  and  R||ord"of^the 
Expeuce  for  this  Province  in  the  Affair  of  the  Western  Line,  amount-  couucii,  xx., 
ing  to  the  Sum  of  £34,0.2'^  as  by  the  Account  therewith  exhibited,'  Archives^!., 
Praying  the  same  may  be  allowed  &  paid  to  him  out  of  the  publick  }^ 

Treasury.  Archives,  vi., 

Eead  &  131.    House 

Voted  that  the  Sum  of  Thirty  four  pounds  &  Two  pence  be  allowed  ss*™^'^^-^^' 
&  paid  out  of  the  publick  Treasury  &  In  full  Discharge  of  his  Acc*^ 
herewith  Exhibited  of  his  Services  &  Expences  in  behalf  of  the  Gov- 
ernm'  at  New  York  &  Elswhere.     [Passed  Se2)tember  14, 


CHAPTER    130. 

ORDER  ON   THE  PETITION  OF  JOHN    SIMON,  INDIAN    MINISTER,  IN  RE- 
GARD  TO   SALE   OF  LANDS. 

A  Petition  of  John  Simon  Indian  Minister  at  Tetticut  for  him-  Legislative 
self  and  in  behalf  of  the  Society  there  under  his  Charge,  setting  ^^S,  x*x.f 
forth  the  many  Inconveniences  attending  the  Liberty  allowed  the  ^^  Mass. 
Indians  to  sell  their  Lands  they  being  often  imposed  upon  by  the  xxxii.,  d\. 
English,  and  the  Lands  sold  much  under  their  Value,  the  Indians  Mass. 
thereby  led  into  an  Idle  &  dissolute  way  of  Living,  &  so '  reduced  ^xxii.T  4i9. 
to  Poverty,  and  many  times  the  Lands  sold  by  those  who  have  no  Legislative 
good  Title  to  them,  with  many  other  Evils  arising  from  this  Lib-  couMif,  xviii., 
erty.  Therefore  Praying  that  this  Court  would  apply  some  effect-  journaU3p.82, 
ual  Method  to  prevent  that  Ruin  which  will  otherwise  fall  on  the  89.  Province  ' 
Indians,  by  these  Means.  chap.  128 -'xu.', 

[Read&]  ^      xf^SfiioS: 

Ordered  that  the  Guardians  for  the  Titicut  Indians  Take  Special  280,  chap.49;' 
Care  that  they  approbate  no  petition  from  Stephen  David  or  James  467I  chap!  144.' 
Thomas :  for  Sale  of  Land  untill  they  Strictly  Examine  into  the  right 
which  they  may  respectively  have  to  the  Lands  they  may  petition  to 
Sell,  inasmuch  as  it  is  Suggested  to  this  Court,  that  the  said  Stephen 
&  James  have  Sold  Considerable  Lands  that  they  had  no  right  to  and 
are  now  applying  to  the  Said  Guardians  for  their  approbation  for  the 
Sale  of  more.     [Passed  Septemher  14. 


CHAPTER    131. 

VOTE  GRANTING  TO  CHARLES  COLTON  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Charles  Colton,  of  Springfield,  shewing  that  he  ^egisiative^^^ 
has  taken  the  House  in  Cambridge,  commonly  called  the  Duke  council,  xx., 
of  Cumberland  Tavern,  which  is  very  commodious  for  Travellers,  ^-dS.'cxi.. 

praying  that  the  Court  of  General  Sessions  of  the  Peace  for  the  27l 

County  of  Middlesex  may  be  enabled  to  grant  him  a  Licence.  Mass. 

_      •<,    „  •'  °  Archives,  cxi., 

Read  &  270.    House 

Voted  that  the  prayer  of  this  pet°  be  So  farr  granted  that  the  Jus-  Journal,  p.  92. 

*  For  the  account  see  Mass.  Archives,  vi.,  131. 


58 


Province  Laws  (i?eso/ves,e^c.).  — 1753-54.  [Chaps.  132,133.] 


tices  of  the  Court  of  General  Sessions  of  the  peace  for  the  County 
of  Middlesex  at  their  Next  Term  be  Impowered  (if  they  See  fit)  to 
Licence  the  Pef^  to  give  publick  Entertainment  In  the  House  where 
Abiel  Richardson  Now  Lives  he  first  Obtaining  the  Approbation  of 
the  Select  men  of  the  Town  of  Cambridge.     [Passed  September  14. 


CHAPTER    132. 


Legislative 
Records  of  the 
Council,  XX., 

97.  Mass. 
Archives, 
Ixxiv.,  116. 

House  Jour- 
nal, pp.  90, 92. 
Province 
Laws,  xiv.,  390, 
chap.  325. 


ORDER  ALLOWING  £5.  6.  8  TO  PARKER  LUMBART. 

A  Petition  of  Parker  Lumbart  of  Barnstable,  setting  forth  his 
Losses  while  in  the  publick  Service,  as  a  Soldier  at  Topsham,  by 
the  burning  of  the  Fort  or  Garrison  where  he  was  posted,  praying 
for  an  Allowance  out  of  the  publick  Treasury. 

Eead  & 

Ordered  that  the  prayer  of  the  petition  be  so  far  granted  as  that 
there  be  paid  out  of  the  publick  Treasury  to  the  pet''  the  Sum  of 
Five  pounds  6/8  (Including  the  Sum  formerly  Granted  him  which 
he  has  not  yet  received)  In  Consideration  of  his  Losses  within  Men- 
tioned.    [Passed  SejJtember  14. 


CHAPTER    133. 


Legislative 
Records  of  the 
Council,  XX., 
97^ 

Legislative 
Records  of  the 
Council,  XX., 
76.    House 
Journal,  pp.68, 
87. 


ORDER  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE  ON  THE  MAP  OF 
NEW  ENGLAND   BY  DR.  WM  DOUGLASS. 

The  Committee  to  whom  the  Message  of  His  Excellency  the 
Governour  on  the  Petition  of  M'^  Cornelius  Douglass,  Nephew  to 
D""  William  Douglas  Dec*^  relating  to  a  Plan  or  Map  of  the  four 
Governments  of  New  England,  was  referr'd,  having  Carefully  ex- 
amined the  same,  beg  Leave  to  report,  That  we  find  it  to  be  very 
erroneous  and  are  therefore  humbly  of  Opinion,  That  no  Counte- 
nance be  given  to  it^  being  made  publick,  apprehending  it  would 
have  a  Tendency  to  lead  the  Inhabitants  of  this  Province  into  great 
Difficulties.  W**  Pepperell  per  Order, 

Eead  & 

Ordered  that  the  foregoing  Eeport  be  accepted.  [Passed  Septem- 
ier  14.^ 


1  Adjourned  to  December  4.    See  Legislative  Records  of  the  Council,  xx.,  99. 


[3d  Sess.]     Province  Laws  {Resolves y  etc.).  — 1753-54,  59 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Fourth  Day  of  December,  A.D.  1753. 


CHAPTEE    134. 

ORDER  FOR  ADJOURNING  THE   COURTS  OF  BRISTOL  COUNTY. 

Whereas  by  Law  the  Court  of  General  Sessions  of  the  peace  Legislative 
and  Inf  Court  of  Comon  pleas  for  the  County  of  Bristol  was  to  coSncff  xx!^* 
have  been  holden  on  the  Second  Tuesday  of  December  instant  and  104.  Mass. 
many  Concerned  in  Said  Courts,  are  members  of  the  General  Court  xim.,  soo.' 
which  its  probable  will  be  Sitting  at  that  Time  Therefore         House  Jour- 

Ordered  that  the  Said  Courts  of  General  Sessions  of  the  peace,  p^oV^nce^' 
and  Inf  Court  of  Coinon  pleas  ife*^  be  and  they  hereby  are  adjourned  Laws,  111., 64, 
to  the  Last  Tuesday  of  January  next  and  all  officers  and  others  Con-  *^  *^'  ^^' 
cerned  in  Said  Courts  are  to  Conform  themselves  Accordingly,  and 
all  processes  and  other  matters  and  things  Depending  in  Said  Courts 
and  which  are  by  Law  to  be  beared  Tryed  and  proceeded  upon  at  Said 
Term  shall  be  beared  Tried  and  proceeded  upon  on  the  said  Last 
Tuesday  of  January  next,  and  the  Justices  of  Said  Courts  are  hereby 
required  to  Conform  themselves  Accordingly.     [Passed  December  7. 


CHAPITER    135. 

VOTE  IMPOWERING  BENJ^  READ,  GUARDIAN,  TO  SELL  LAND. 

A  Petition  of  Benjamin  Read  Guardian  of  Samuel  Eastabrook  Rlfords^of  the 
a  Minor  and  Student  at  Harvard  College,  praying  that  he  may  be  council, xx., 
impowered  to  sell  divers  Tracts,  of  unimproved  Land  belonging  to  Archives,  xix., 

the  said  Minor,  and  lying  in  the  Town  of  Holden,  Containing  in  ?!: 

the  whole  about  One  hundred  &  Sixty  three  Acres,  The  Produce  to  House  Jour- 
be  laid  out  for  his  Education. 

Voted  that  the  Prayer  of  the  Pett°  be  granted  &  that  the  Said 
Benjamin  Read  Guardian  to  s'^  minor  be  impowerd  to  make  Sale  of 
the  Lands  Mentioned  in  s*^  Pett°  for  the  most  they  will  fetch  &  give 
Sufficient  Deed  or  Deeds  of  the  same  &  give  Caution  to  the  Judge 
of  Probate  for  the  County  of  Middlesex  to  apply  the  Proceeds  thereof 
to  the  Use  of  the  Minor.     [Passed  December  7. 


60 


Province  Ijav^^  {Eesolves,  etc.) .  — 1753-54.  [Chaps.  136-138.] 


Legislative 
Records  of  the 
Council,  XX., 

106.    Mass. 
Archives,  lix., 
3^7. 

House  Jour- 
nal, p.  104. 


CHAPTER    136. 

ORDER  GRANTING  TO  ENOCH  TITCOMB  LICENCE  TO  SELL  STRONG  DRINK. 

A  Petition  of  Enoch  Titcomb  of  Newbury,  Praying  that  this 
Court  would  impower  the  Court  of  General  Sessions  of  the  Peace 
for  the  County  of  Essex  at  their  next  Term  to  grant  the  Petitioner 
a  Licence  to  retail  strong  Drink  in  the  said  Town  of  Newbury. 

Eead  and 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  Granted  As  that 
the  Court  of  General  Sessions  of  the  Peace  for  the  County  of  Essex 
at  their  next  Sessions  be  and  hereby  are  impowered  if  they  see  Cause 
to  grant  the  Petitioner  a  Licence  (he  first  Obtaining  a  Eecommen- 
dation  from  the  Select  Men  of  the  Town  of  Newbury  for  that  Pur- 
pose) the  time  for  granting  Licences  being  elapsed  notwithstanding. 
\^Passed  December  8. 


CHAPTER    137. 


Legislative 
Records  of  the 
Council,  XX., 

108.    Mass. 
Archives, 
xliii.,  801. 

House  Jour- 
nal, p.  108. 
Province 
Laws,  iii.,64, 
chap.  32. 


ORDER  FOR  ADJOURNING  THE  COURTS  OF  PLYMOUTH  COUNTY. 

Whereas  by  Law  the  Court  of  General  Sessions  of  the  Peace  and 
Inferiour  Court  of  Common  Pleas  for  the  County  of  Plymouth  was 
to  have  been  Holden  on  the  Third  Tuesday  of  December  Instant  and 
Many  Consarned  in  Said  Courtes  are  Members  of  the  General  Court 
which  Its  Probable  will  be  Sitting  at  that  time  Therefore 

Ordered  that  the  Said  Courtes  of  General  Sessions  of  the  Peace 
&  Inferiour  Court  of  Common  Pleas  &c.  be  and  they  hereby  are 
adjourned  to  the  First  Tuesday  of  March  next  and  all  officers  and 
others  Concerned  in  Said  Courtes  are  to  Conform  themselves  Ac- 
cordingly and  all  Processes  and  Other  Matters  and  things  Depend- 
ing in  Said  Courtes  and  which  are  by  Law  to  be  heard  Tried  and 
Proceeded  upon  at  Said  Tearm  Shall  be  heard  Tried  and  Proceeded 
upon  on  the  first  Tuesday  of  March  Next  and  the  Justices  of  Said 
Courtes  and  all  officers  &  others  are  hereby  Eequired  to  Conform 
themselves  Accordingly.     \^Passed  December  11. 


CHAPTER    138. 


Legislative 
Records  of  the 
Council,  XX., 
108.    Mass. 
Archives, 
xxxii.,  402*. 

Mass.  ■ 
Archives, 
xxxii.,  401. 
House  Jour- 
nal, pp.  110,  in. 
Province 
Laws,  xiv.,  39, 
note. 


ORDER  IMPOWERING  JOSEPH  EPHRAIM,  INDIAN,  TO  SELL  LAND. 

A  Petition  of  Joseph  Ephraim  of  Natick,  Indian,  setting  forth 
his  Debts  contracted  by  Means  of  Sickness,  and  old  Age  and  pray- 
ing for  Liberty  to  sell  Twenty  five  Acres  of  his  Land  in  said  Dis- 
trict for  the  Discharge  of  his  Debts,  and  for  his  better  Support  in 
his  advanced  Age. 

Eead,  & 

Order'^d  that  the  Prayer  of  the  within  Petition  be  granted,  and 
that  the  Petitioner  have  Leave  (with  the  advice  &  assistance  of  the 
Guardians  of  the  Indians  in  Natick,)  to  make  Sale  of  twenty  five 
acres  of  his  Land,  to  the  best  advantage  that  may  be,  (after  thirty 
Days  Publick  Notice  given  of  the  intended  Sale,);  The  Proceeds 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1753-54.  61 

of  such  Sale  to  be  apjDlyed  by  said  Guardians  (so  far  as  is  neces- 
sary) for  Discharging  the  Petitioners  just  Debts,  &  for  his  present 
Eelief ;  The  Remainder  (if  any  be)  to  be  put  to  Interest  for  the  pur- 
poses mention'd  in  the  Petition.     [^Passed  December  11. 


CHAPTEK    139. 

ORDER  IMPOWERING  ISAAC  EPHRAIM,  INDIAN,  TO   SELL  LAND. 

A  Petition  of  Isaac  Ephraim  of  Natick,  Indian,  setting  forth  Rgford^of  the 
the  Debts  he  hath  contracted,  &  praying  that  he  may  have  Liberty  counGii,  xx., 
to  sell  Twenty  five  Acres  of  Land,  belonging  to  him,  in  Natick,  Archi^ves?' 
for  the  Payment  of  his  said  Debts,  as  also  for  other  Uses,  mentioned  sxxii.,  404. 
in  his  Petition.  Mass. 

-r,       1  1  Archives, 

Kead,  and  xxxii.,  403. 

Ordered  that  the  Prayer  of  the  within  Petition  be  granted,  and  na°"p!m'"' 
that  the  Petitioner  have  Liberty  (with  the  assistance,  &  under  the  Province 
Direction  of  the  Guardians  of  the  Indians  in  Natick)  to  make  Sale  note. '      ''    ' 
of  twenty  five  acres  of  his  Land,  (for  the  most  that  may  be,)    Due 
Notice  being  previously  given  of  the  intended  Sale ;     The  Proceeds 
of  such  Sale  to  be  applyed  by  said  Guardians  for  Discharging  the 
Petitioners  just  Debts,  and  the  Remainder  (if  any  such  there  be) 
to  be  improv'd  to  the  best  advantage  of  the  Petitioner.     \^Passed 
December  11. 


CHAPTEK    140. 

VOTE    GRANTING    TO    MERCY    BRADSHAW   LICENCE    TO    KEEP    AN  INN. 

A  Petition  of  Mercy  Bradshaw  Widdow  of  John  Bradshaw  late  Legislative 
of  Medford  Inn  holder,  Dec*^  shewing  that  her  Husband  was  at  great  councif,  xx*.!*^ 
Expence  in  Providing  for  his  Employment;  But  for  as  much  as  his  io9.  Mass.  ' 

•  X       «/  ^  A.rcliivGS  CXI. 

Licence  ceased  at  his  Decease,  Praying  that  the  Court  of  General  275.      ^'  -  •' 
Sessions  for  Middlesex  may  be  impowered  at  their  next  Term  to  House  Jour, 
grant  her  a  Licence  to  continue  in  the  said  Employment  untill  the  °^''  ^-  ^^^' 
Term  stated  by  Law  for  the  granting  of  Licences. 

Read  & 

Voted  that  the  prayer  of  the  petition  be  so  farr  granted  That  the 
Justices  of  the  Court  of  General  Sessions  of  the  peace  for  the  County 
of  Middlesex  at  their  present  Session  be  &  hereby  are  Impowered  (if 
they  See  fit)  to  Grant  Licence  to  the  petitioner  to  Keep  a  House  of 
publick  Entertainment  where  her  Late  s*^  Husband  Exercised  that 
Employment  in  Medford  She  first  Obtaining  the  Approbation  of  the 
Select  men  of  S*^  Town  the  time  [for]  '  granting  of  Licences  being 
Elapsed  Notwithstanding.     \_Passed  December  11. 

*  Inserted  from   Legislative  Records  of  the  Council,  xx.,  109, 


62 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  141-143.] 


CHAPTEK    141. 


ORDER    GRANTING    TO    JAMES    OTIS    LICENCE    TO    SELL     STRONG 

DRINK. 


Legislative 
Records  of  the 
Council,  XX., 
109.    Mass. 
Archives, 
cxix.,  622. 

House  Jour- 
nal, pp.  107, 108. 


A  Petition  of  James  Otis  of  Barnstable,  shewing  that  he  has 
a  Licence  for  selling  Strong  Drink  for  this  present  Year,  that  his 
Son  Joseph  Otis  has  been  concerned  with  him  in  this  Business,  and 
for  as  much  as  they  are  minded  to  carry  on  the  said  Business  in  his 
Sons  House,  Praying  that  the  Court  of  General  Sessions  of  the  Peace 
for  the  County  of  Barnstable,  may  be  impowered  at  their  next  Term 
to  grant  his  said  Son  a  Licence. 

Read  & 

Ordered  th^Lt  the  prayer  of  the  p[et]ition  be  So  farr  Granted  that 
the  Court  of  General  Sessions  of  the  peace  for  the  County  of  Barn- 
stable be  &  hereby  [are]  '  authorized  &  Impowered  if  they  think  fit  to 
License  Joseph  Otis  of  Barnstable  as  a  retailer  of  Spirituous  Liquors 
he  first  Obtaining  y®  Approbation  of  the  Selectmen  of  the  S''  Town 
of  Barnstable.     \_Passed  Decemher  11. 


Legislative 
Records  of  the 
Council,  XX., 
111.    Mass. 
Archives, 
Ixxiv.,  138. 

House  Jour- 
nal, pp.  103, 109. 
Province 
Laws,  xlv.,  568, 
chap.  78. 


CHAPTER    142. 

VOTE  ALLOWING  £4  ANNUALLY  TO  MOSES  HOYT. 

A  Petition  of  Moses  Hoyt  of  Newbury,  Praying  for  an  addi- 
tional Allowance  in  Consideration  of  the  Wounds  he  received  in 
the  Expedition  against  Cape  Breton,  his  Lameness  having  rendered 
him  less  able  to  provide  for  himself  and  his  Family,  than  he  was  some 
Years  ago. 

Read  & 

Voted  that  there  be  Allowed  &  paid  out  of  the  Publick  Treasury 
Annually  the  Sum  of  four  pounds  to  the  Pef  Moses  Hoyt  (for  his 
Subsistance)  during  the  Term  of  his  Natural  Life.  {^Passed  Decem- 
ber 11.^ 


CHAPTER    143. 


ORDER  CONFIRMING  A  PLAT  OF  200  ACRES  OF   LAND    TO    JN^  DENNIS. 


Legislative 
Records  of  the 
Council,  XX., 
108.    Mass. 
Archives, 
xlvi.,  827. 

Mass. 
Archives, 
xlvi.,  327-329. 
House  Jour- 
nal, p.  109. 
Province 
Laws,  xlv.,  679, 
chap.  122. 


A  Plat  of  Two  hundred  Acres  of  Land,  surveyed  by  Samuel 
Wheelwright  Surveyor,  and  Chainmen  on  Oath  to  fulfill  a  grant 
made  by  the  General  Court  to  M''  John  Dennis,  lying  on  the  North 
side  of  Phillips  Town,  bounded  as  follows;  viz'  begining  at  a  White 
Oak  Tree  marked  with  the  Letters  I  D,  near  the  Western  Corner 
of  Mousan  great  Pond ;  from  thence  runing  North  East  upon  the 
Head  of  Cox  Hall,  Two  hundred  Rods  to  another  White  Oak  Tree 
marked  as  aforesaid;  from  thence  on  a  North  West  Course  One  hun- 
dred &  Sixty  Rods;  then  South  west  to  Phillips  Town  Line;  and 
from  thence  by  said  Line  South  East  to  the  first  mentioned  Bounds: 

>  Inserted  from  Legislative  Records  of  the  Council,  xx.,  109. 

"  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  December  12. 


[3d  Sess.]     Province  Laws  (Besolves,  etc.).  — 1753-54.  63 

The  plan  of  Two  Hundred  Acres  of  Land  laid  out  to  Satisfy  A 
Grant  of  the  Generel  Court  to  John  Dennis  presented  for  Allow- 
ance    Eead  & 

Ordered  that  the  plan  be  Accepted  And  the  Lands  therein  Delin- 
eated &  Described  be  &  hereby  are  Confirmed  to  the  S^  John  Dennis 
his  heirs  &  assigns  for  Ever  provided  the  Land  Exceed  not  the  Quan- 
tity of  Two  Hundred  Acres  and  does  not  Interfere  with  any  former 
Grant.     [Passed  December  12.^ 


CHAPTER    144. 

ORDER  IMPOWERING  BARNABAS  FREEMAN,  GUARDIAN,  TO  SELL  LAND. 

A  Petition  of  Barnabas  Freeman,  Guardian  of  Thomas  &  Mary  Legislative 
King  Minors,  of  Harwich,  Children  of  John  King  jun""  deceased,  ^unc*u  xx*^^ 
shewing  that  their  Father  left  them  Shares  (with  the  other  Chil-  io9.  Mass. '' 
dren  &  undivided)  of  several  small  Parcells  of  Land  in  said  Town,  30!^  l^es,  xix., 
which  is  of  little  Profit  to  them,  praying  for  Liberty  from  this  Court  House  Jour. 
to  sell  the  same,  for  the  Benefit  of  the  said  Minors,  ProTince''^' ^^'" 

Read  &  Laws,  11.,  151, 

Voted  that  the  petitioner  be  &  hereby  is  Imijowered  to  make  Sale  ^'^*^'  ^^' 
of  the  Lands  &  meadow.  Mentioned  in  the  Petition  and  to  Execute 
in  due  form  of  Law  a  Deed  or  Deeds  of  Conveyance  of  Each  &  Every 
piece  or  j)ercel  thereof  to  Such  person  or  persons  as  Shall  give  most 
for  the  Same  provided  he  give  Bond  to  the  Judge  of  Probates  for 
the  County  of  Barnstable  that  the  produce  thereof  be  Apply  d  for 
the  benifit  of  the  heirs  of  John  King  Deceased  According  to  Law 
Observing  the  Directions  of  the  Law  Respecting  the  Sale  of  Intes- 
tate Estates.     \Passed  December  12.^ 


CHAPTER    145. 

ORDER  IMPOWERING  THE  SELECT  MEN  OF  PELHA3I  TO   CALL  A  TO"V\\N 

MEETING. 

A  Petition  of  the  Select  Men  of  the  Town  of  Pelham,  shewing  Legislative 
that  in  their  last  March  Meeting,  the  Officers  then  chosen,  thro  councif,  xx!f * 
Inadvertency  neglected  to  take  the  Oath  referring  to  the  Bills  of  110.  Mass.  ' 

•  /—  A.roiiiv6s  ciii 

the  Neighbouring  Governments,  which  is  likely  to  bring  much  Con-  iss. 

fusion  upon  their  publick  AfEairs,  praying  Liberty  for  another  Meet-  Mass. 

ing  for  the  Choice  of  Officers.  ^s7?^House'"'' 

Whereas  the  Town  of  Pelham  in  the  County  of  Hampshire  when  Journal, 
they  chose  their  officers  to  the  respective  offices  in  s*^  Town  in  March  Province 
Last  omitted  administring  to  them  the  Oath  appointed  by  the  Law  ^^pfis.^'' *^^' 
of  this  Province  of  the  22*^  of  His  present  Majesties  Reign  respect- 
ing Bills  of  Credit  of  the  Neighbors  Governm'*  a^Dpointed  to  be 
Taken  by  such  officers  by  Means  Whereof  The  several  Offices  in 
said  Town  are  vacant  &  thereby  Great  Inconveniencies  &  Diffi- 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  and  the  House  Journal  the  date  is  December  11. 

2  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  December  11. 


64 


Province  Laws  {Resolves,  etc.).  —  1753-54.  [Chaps.  146,  147.] 


culties  have  arisen  to  said  Town  which  Cannot  be  Eemedied  but 
by  the  Aid  &  Interposition  of  this  Court 

Therefore 

Ordered  That  Eleaz""  Porter  Esq'  be  directed  i&  Hereby  impowred 
to  issue  his  Warrant  directed  to  some  Inhabitant  of  said  Town  re- 
quiring Him  to  warn  &  give  Notice  to  the  Inhabitants  of  said  Town 
qualified  by  Law  to  vote  in  Town  Affairs  to  Assemble  Themselves 
together  at  such  Time  &  Place  In  said  Town  as  by  said  Warrant 
shall  be  appointed  to  make  Choice  of  such  Officers  for  said  Town 
as  shall  be  necessary  &  according  to  Law  ought  to  be  Chosen  yearly 
For  transacting  the  Affairs  of  said  Town,  &  the  ^  Inhabitants  being 
so  met  are  Hereby  impowred  to  make  choice  of  such  Officers,  &  such 
Officers  so  Chosen  (having  first  taken  the  oath  afores''  &  the  Oaths 
of  their  Eespective  offices)  shall  have  the  Like  Power  in  their  re- 
spective offices  as  by  Law  they  would  have  had  on  their  being  Chosen 
according  to  the  Directions  of  the  Law  in  the  Month  of  March  & 
qualified  as  aforesaid.     {Passed  December  12. 


Legislative 
Eecords  of  the 
Council,  XX., 
110. 

Mas8. 

Archives,  xix., 
9.    House 
Journal,  pp.81, 
91, 114.    Prov- 
ince Laws, 
ii.,  151,  chap. 
10. 


CHAPTEK    146. 


ORDER  IMPOWERING  SARAH  ALLEN,  GUARDIAN,  TO  SELL  REAL  ESTATE. 

A  Petition  of  Sarah  Allen  Widow  of  Josiah  Allen  late  of  Bridge- 
water  deceased,  &  Guardian  to  his  only  Son  and  Child,  shewing  that 
the  Circumstances  of  the  Real  Estate  of  her  said  Husband  are  such 
as  to  render  it  very  unprofitable  both  to  her  Son  and  herself;  and 
therefore  praying  that  she  may  be  impowered  to  make  Sale  of  the 
the '  said  Real  Estate  for  the  Heirs  Benefit. 

Read  & 

Ordered  that  the  Petitioner  be  &  hereby  is  impowered,  in  her  said 
Capacity,  to  make  Sale  of  the  Premises  for  the  most  they  will  fetch, 
and  to  make  and  execute  a  good  &  sufficient  Deed  thereof  in  the 
Law,  the  said  Petitioner  attending  the  Directions  in  the  Law  for 
notifying  the  Sale  thereof,  and  giving  sufficient  Security  to  the 
Judge  of  Probate  for  the  County  of  Plymouth,  that  the  Proceeds 
coming  by  the  said  Sale  be  forthwith  put  to  Interest,  and  be  im- 
proved for  the  Benefit  of  the  aforesaid  Son  &  Heir  of  the  said 
Josiah ;  saving  &  reserving  one  third  part  only  of  the  annual  In- 
come to  the  aforesaid  Widow,  during  her  natural  Life  instead  of 
her  Right  of  Dower  or  Thirds  in  said  House  and  Land.  \^Passed 
Decemher  12. 


CHAPTEE    147. 


ORDER  IMPOWERING  SARAH  ROCKWOOD,  ADM^  TO  SELL  LAND. 

R^firdfonhe  ^  PETITION  of  Sarah  '  Rockwood,  Widow  &  Administratrix  of  the 
Council,  XX.,  Estate  of  John  Rockwood  of  Mendon  dec"'  shewing  that  the  Per- 
ArchfvtsTxix.,  sonal  Estate  falls  so  far  short  of  paying  the  Debts,  that  it  will  be 
-± necessary  to  sell  all  the  Lands;  and  for  as  much  as  the  Session  of 

'  Sic. 

2  The  House  Journal,  p.  114,  reads,  "  Deborah.'' 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  65 

the  Snperiour  Court  in  the  County  where  they  ly  is  so  distant,  Pray-  Mass. 

ing  that  this  Court  would  give  her  Power  to  sell  the  same,  ti^fbJ^ko^e 

Read  &  Journal,  p.  lU. 

Ordered  that  the  prayer  of  the  within  Petition  be  granted  and 
that  the  Petitioner  in  her  Capacity  As  Adm^  be  and  hereby  is  fully 
Impowered  to  make  Sale  of  the  land  within  mentioned  &  to  Execute 
a  good  Deed  or  Deeds  of  Conveyance  to  Such  person  or  persons  as 
Shall  give  most  for  the  Same  for  y®  purposes  within  mentioned  she 
giving  bond  with  Sufficient  suretys  to  y®  Judge  of  Probate  for  the 
County  of  Worcester  for  y*^  mony  Arising  by  Such  Sale.  \^Passed 
December  12. 


CHAPTEK    148. 

ORDER  ALLOWING   £3   TO   ARTHUR  SAVAGE. 


A  Petition  of  Arthur  Savage  setting  forth  his  Services  for  this  Legislative 
Government  as  one  of  the  Clerks  assisting  at  the  drawing  of  the  counclf,  xx!f ^ 
late  Government  Lottery,  and  praying  for  a  proper  Allowance  from  in-  Mass. 
this  Court  for  the  same.  ixxxvui.,' 37. 

Read  &  House  Joiir. 

Voted  that  the  Sum  of  Three  pounds  be  Allowed  &  paid  out  of  ^'J^ovincr*  ^^^" 
the  publick  Treasury  to  the  Pef  Auth""  Savage  In  full  Conideration  Laws,  m.,  575, 
for  his  Service  as  Clerk  to  the  Managers  of  the  Lottery.     \^Passed  *^  ^^^' 
December  12. 


CHAPTEK    149. 

ORDER  ALLOWING   £30.  18.  6  TO  JOHN  STURTiyANT. 

A  Petition  of  John  Sturtivant  of  Plymouth,  Praying  for  the  Legislative 
Allowance  of  his  Accompt  herewith  exhibited,  of  his  Charge  in  coundf,  xx*.^^ 
taking  Care  of  two  Marriners  Strangers  who  were  Shipwrecked  m.    Mass. 
near  said  Place,  in  the  Winter  Season;  named  Hugh  M'^Neal  &  ixv., 4. 
Francis  Birmingham,  who  were  kept  &  provided  for  by  him  at  his  Mass. 
House,  one  of  whom  died  being  much  frozen,  when  taken,  and  the  ^sf'^House^'' 
Petitioner  Avas  at  the  Charge  of  his  Funeral,  the  other  was  frozen  Journal, 
to  that  Degree  that  it  was  necessary  to  cut  off  both  his  Feet.  ^w<e,  p.  so', 

Eead  &  ^'^'^p-  ^^^ 

Voted  that  there  be  Allowed  &  paid  out  of  the  Publick  Treasury 
to  the  Pef  John  Sturtevant  The  Sum  of  Thirty  Pounds  18/6  In  full 
Discharge  of  his  i\.cc*  Herewith  Exhibited.     {Passed  December  12, 


CHAPTEK    150. 


ORDER  ALLOWING   £16  TO  SAJNIi-  GRAVES. 


A  Petition  of  Samuel  Graves  of  Sunderland,  shewing  that  His  Legislative 
Son  Samuel  Graves  by  Reason  of  Wounds  he  received  from  the  coS  x x?^ 
Indian  Enemy  in  Capt  Hobbs's  Fight  fell  into  Distraction,  which  ^JJ^^f^^^^^- 
for  divers  Years  put  the  Petitioner  to  great  Trouble  &  Charge;  ixxiv.. ui. 
Praying  for  some  proper  Allowance  for  the  same. 


66 


Province  Jjaws (Besolves,  etc.) .  — 1753-54.  [Chaps.  151, 152.] 


Archives,  ^^ead  & 

ixxiv.,  140.  Voted  that  the  Prayer  of  the  Petition  be  so  far  granted  That 

nail^pp.  10M15.  there  be  Allowed  &  paid  out  of  the  Publick  Treasury  The  Sum  of 
Sixteen  pounds  to  the  Petitioner  Sam'  Graves  In  full  Satisfaction 
for  his  Trouble  &  Expence  in  taking  Care  of  his  Son  Sam'  Graves 
Jun""  who  was  wounded  by  the  Enemy  In  Cap  Hobbs  fight.  [Passed 
December  12. 


CHAPTER    151. 


Legislative 
Records  of  the 
Council,  XX., 
115.    Mass. 
Archives,  xix., 
27. 

Mass. 

Archives,  xlx., 
26.    House 
Journal,  p.  114. 


ORDER  IMPOWERING  TABITHA  HASEY,  ADMIN-^,  TO  SELL  LAND. 

A  Petition  of  Tabitha  Hasey  Widow  &  Administ^  of  John  Hasey 
late  of  Leicester  in  the  County  of  Worcester  dec*^  shewing  that  her 
said  Husband  borrowed  Money  of  One  Benjamin  Earl,  and  gave  him 
Security  in  Land;  And  for  as  much  as  the  Estate  is  greatly  in  Debt, 
and  it  is  apprehended  the  Land  would  not  sell  for  more  than  the 
Money  due  upon  it,  praying  for  Liberty  to  convey  the  said  Land  to 
the  said  Earl  for  the  Payment  of  his  Debt 

Read  and 

Ordered  that  the  prayer  of  the  Petition  be  granted  and  that  the 
Petitioner  be  &  hereby  is  Impowered  to  Make  Sale  of  the  Land 
therein  Mentioned  with  the  Advice  of  M''  Thomas  Wheeler  of 
Worcester  and  to  Execute  a  good  Deed  or  Deeds  of  conveyance 
to  Such  person  or  persons  as  Shall  give  most  for  the  Same  pro- 
vided it  will  Sell  for  more  than  the  mony  due  to  Said  Earl  pro- 
vided Also  that  out  of  the  mony  arising  by  Such  Sale  Said  Earls 
debt  be  first  &  Imediately  paid  she  giveing  bond  with  Sufficient 
Suretys  to  the  Judge  of  Probate  for  the  County  of  Worcester  for 
duely  Accounting  for  the  Overpluss  if  any  Should  be  more  than 
the  Lands  are  mortgaged  for.     [Passed  December  12.^ 


CHAPTER    152. 

ORDER  WITH  STAY  OF  EXECUTION  ON   THE   PETITION  OF  NATH^-  SPAR- 
HAWK  FOR  REVIEW  OF  AN  ACTION. 


Legislative 
Records  of  the 
Council,  XX., 
112.    Mass. 
Archives, 
xliii.,  767. 

Mass. 
Archives, 
xliii.,  764. 
House  Jour- 
nal, p.  117. 
Ante,  p.  49, 
chap.  108. 


On  THE  Petition  of  Nathaniel  Sparhawk,  [ante,  p.  49,  chap. 
108] 

Eead  and  it  appearing  that  the  adverse  Party  was  duly  served  with 
a  Copy  of  this  Pet"  and  no  answer  is  given  in 

Therefore 

Ordered  that  the  Prayer  of  the  Pet''  be  granted  and  the  Execu- 
tion against  the  Petitioner  therein  refer'd  to  is  accordingly  stayed 
untill  the  next  Term  of  the  Superiour  Court  to  be  held  at  Boston 
for  the  County  of  Suffolk  and  untill  Judgement  be  passed  upon  the 
Pet"  Action  of  Review  then  to  be  brought  Provided  the  said  Benja- 
min and  Nathaniel  or  either  of  them  give  Bond  in  the  Clerk's  Office 
of  the  Superiour  Court  of  Judicature  &c  with  sufficient  security  to 
Ann  Knox  Administratrix  on  s*^  Andrew's  Estate  to  prosecute  a  writ 
of  Review  of  said  Judgment  with  effect  against  the  said  Adminis- 


^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  December  14. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  67 

tratrix  at  the  next  Superioiir  Court  of  Judicature  &c  to  be  held  at 
Boston  in  &  for  the  County  of  Suffolk  and  to  respond  the  Judgment 
that  shall  finally  be  given  on  the  same  writ  with  Interest  thereon 
from  the  13""  of  Septem''  last  to  the  Time  of  Payment.  ]^Passed 
December  13. 


CHAPTER    153. 

VOTE  ALLOWING  £3   TO   ROBERT  EAMES. 


A  Petition  of  Eobert  Eams  of  Marlboro,  shewing  that  his  eldest  ^Ifo^^g^Jf  ^j^g 
Son  was  taken  by  the  Indians  at  Massachusetts  Fort  (being  in  the  council,  xx., 
Service  of  the  Province)  and  carried  to  Canada;  where  he  died,  Archives?' 
praying  for  some  Allowance  from  this  Court  in  Consideration  of  ixxiv.,  i49. 
the  Services  &  Sufferings  of  his  Son.  Mass. 

-r,       T  T  °  Archives, 

Kead  and  ixxiv.,  149. 

Voted  that  there  be  Allowed  &  paid  out  of  the  publick  Treasury  nail'ppaozl^iie. 
the  Sum  of  Three  pounds  to  y®  Petitioner  In  full  Consideration  of 
the  Services  and  Sufferings  of  his  Son  as  Mentioned  in  the  Petition. 
[^Passed  Decemher  13. 


CHAPTER    154. 

VOTE    ALLOWING    £4    AND    A    FURTHER    SUM    OF    £4    ANNUALLY    TO 
VINCENT  SHUTTLEWORTH. 

A  Petition  of  Vincent  Shuttleworth,  shewing  that  he  still  con-  Legislative 
tinues  disabled  from  Labour  by  Means  of  his  Sufferings  in  the  pub-  councif,  xx^.f^ 
lick  Service,  Praying  that  his  Pension  from  this  Court  may  be  allowed  Arciiiv^es^^' 
to  him  for  the  Year  last  past,  &  for  the  Time  to  come.  ixxiv.,  u's. 

Read  and  Mass. 

Voted  that  the  prayer  of  the  Pet°  be  So  far  granted  as  that  the  i^x^^^Jilo. 
S"^  Vincent  Shettleworth  have  &  recieve  out  of  the  Publick  Treas-  ^""^^'^fog^ijg 
ury  the  Sum  of  four  pounds  for  the  Year  past  (Including  the  thir-  pro'vince  ' 
teen  pounds  Old  Tenor  now  due  to  him  According  to  the  former  ^hap!*!;;""'^^^' 
grant  of  the  General  Court)  and  that  for  the  future  the  pef  be 
Allowed  the  Sum  of  four  pounds  Annually  as  a  pension  Until  this 
Court  shall  Otherwise  Order  and  that  the  s^  Sums  as  they  become 
due  be  paid  Into  the  hands  of  Eleazer  Metcalf  of  Wrentham  Miller 
for  the  Use  of  the  pet'  And  by  him  to  be  paid  to  the  petitioner  from 
time  to  time  as  he  Shall  Stand  in  Need  thereof.     \_Passed  Decem- 
ber 13. 


CHAPTER    155.    .  KKthe 

Council,  XX., 
113.    Mass. 
ORDER  ALLOWING   £100   TO  THE  TOWN  OF  CHELSEA.  Archives, 

lxxxvii.,316. 


A  Petition  of  the  Select  Men  of  the  Town  of  Chelsea,  setting  ^J^^^^j^^g 
forth  the  distressing  and  impoverishing  Condition  brought  upon  ixxxvii.,310. 
the  said  Town  by  the  Small  Pox  spreading  among  them  about  two  Refords'onhe 
Years  since.  Praying  for  a  Revisal  of  their  former  Petition,  and  to  f^?2^o3"'gf^|^-' 
grant  them  suitable  Relief.  House  Jour. 


68 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  156, 157.] 


nal,  pp.  26, 170, 

197  (1749) ; 
pp.SO,  168, 173, 
215  (1750) ; 
p.  148  (April, 
1753) ;  pp.  Ill, 
118. 


Eead  & 

Voted  that  the  Sum  of  One  Hundred  pounds  be  Allowed  &  paid 
out  of  the  Province  Treasury  to  the  Town  of  Chelsea  in  Considera- 
tion of  the  Distressing  Circumstances  &  Expences  of  S''  Town  in 
the  time  of  the  late  Small  Pox.     \_Passed  Decemher  13. 


CHAPTEE    156. 


Legislative 
Records  of  the 
Council,  XX., 
117.    Mass. 
Archives,  xix., 
18. 

Mass. 

Archives,  xix., 
17.    House 
Journal, 
pp.  113,  119. 
Province 
Laws,  ii.,  151, 
chap.  10. 


VOTE   IMPOWERING    JANE    &    ALEX'*^    SCAMMELL,  EXECUTORS,  TO    SELL 

LAND. 

A  Petition  of  Jane  Scammell  and  Alexander  Scammell  Exec- 
utors of  the  last  AVill  and  Testament  of  Samuel  Scammell  late  of 
Worcester  dec'^  Praying  that  they  may  be  impowered  by  this  Court 
to  sell  a  House  in  the  Town  of  Boston  with  the  Land  belonging  to 
it,  being  part  of  the  Estate  of  the  deceased,  &  the  House  being  in 
a  very  ruinous  Condition. 

Read  & 

Voted  that  the  prayer  of  the  Pet"  be  Granted  and  that  the  S'' 
Jane  Scammel  &  Alex**  Scammel  be  Impowered  to  make  Sale  of  the 
premisses  Mentioned  in  the  pet°  for  the  most  they  Avill  fetch  and 
to  Execute  in  due  form  of  Law  a  Deed  or  Deeds  for  Conveying  the 
Same  They  to  Observe  the  directions  in  the  Law  for  the  Sale  of  real 
Estates  Provided  the  pet"  give  bond  to  the  Judge  of  Probate  for 
the  County  of  Worcester  that  the  monies  Coming  by  S*^  Sale  be  forth- 
with put  to  Interest  for  the  benefit  of  the  Several  Legatees  Agreable 
to  their  respective  Shares  &  proportions  thereof  Saving  &  reserving 
only  one  third  part  of  the  Annual  Income  thereof  to  the  S""  Jane 
during  the  Term  of  her  Natural  Life  instead  of  her  Dower  in  Said 
Estate  pursuant  to  the  Will  of  the  Testator.    [Passed  December  18.^ 


CHAPTER    157. 


Legislative 
Records  of  the 
Council,  XX., 
122. 

Mass. 

Archives,  xix., 
39.    House 
Journal,  p.  115. 
Province 
Laws,  ii.,  151, 
chap.  10. 


ORDER  IMPOWERING  JONATHAN  EATON,  ADM^,  TO  SELL  LAND. 

A  Petition  of  Jonathan  Eaton  Administrator  of  the  Estate  of 
Zechariah  Nichols  late  of  Reading  dec^  j)raying  that  he  may  be 
impowered  to  sell  a  Tract  of  Land  in  the  Town  of  Sutton  which 
the  said  Nichols  purchased  while  it  was  under  Mortgage  to  James 
Bowdoin  late  of  Boston  Escf  dec**  that  so  he  may  be  able  to  pay  off 
the  said  Mortgage.  Read  & 

Ordered  that  the  Prayer  of  the  Pet"  be  granted,  and  that  the 
Petitioner  be  &  hereby  is  impowered  to  make  Sale  of  the  Land 
above  mentioned  in  his  Capacity  as  aforesaid,  and  to  execute  in 
due  Form  of  Law  a  good  &  sufficient  Deed  or  Deeds  of  Convey- 
ance to  such  Person  or  Persons  who  shall  give  most  for  the  same ; 
He  first  obtaining  the  Consent  of  the  Heirs  of  James  Bowdoin  Esq' 
dec''  and  observing  the  Rules  &  Directions  of  the  Law  of  this  Prov- 
ince respecting  the  Sale  of  Real  Estate ;  Provided  he  give  sufficient 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  December  14. 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1753-54.  69 

Caution  to  the  Judge  of  Probate  for  the  County  of  Middlesex,  to 
be  accountable  for  the  Produce  thereof  for  the  Purposes  above  men- 
tioned.    [Passed  December  13 .' 


CHAPTER    158. 


ORDER  GRANTING   TO  ABRAHAM   BELKNAP   LICENCE   TO    SELL    STRONG 

DRINK. 

A  Petition  of  Abraham  Belknap  of  Natick,  shewing  that  he  Legislative 
hath  been  a  Cripple  from  his  Birth,  and  has  lately  had  a  Wound  councu*.  xx!f ^ 
in  his  Eight  Hand  by  which  he  is  utterly  disabled  from  getting  ^i-^- 
his  Livelihood  by  his  Bodily  Labour,  and  therefore  praying  that  Mass. 
he  may  be  allowed  to  retail  strong  Drink  in  the  said  Place,  and  be  cxix.,  6is-62i. 
freed  from  paying  the  Excise  thereon.  na°i"p!m^' 

Kead  & 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  granted  as  that 
the  Justices  of  the  General  Sessions  of  the  Peace  for  the  County 
of  Middlesex  in  their  present  Session  be  &  hereby  are  impowered 
to  grant  the  Petitioner  a  Licence  to  retail  strong  Liquors  for  the 
present  Year,  He  obtaining  the  Approbation  of  the  Committee  of 
the  Parish  of  Natick  for  that  Purpose  the  Time  for  granting  Licences 
being  elapsed  notwithstanding,  he  entering  into  a  Recognizance,  as 
usual  for  keeping  good  Rule  &  Order,  and  duly  paying  the  Excise. 
[Passed  December  14. 


CHAPTER    159. 

ORDER  ON  QUABIN  MEMORIAL  ABOUT  TAXES. 

Whereas  the  Assessors  of  the  Plantation  called  Quabbin  in  the  Legislative 
County  of  Hampshire  chosen  in  the  year  1752  for  Assessing  the  councif,xx!f^ 
Proportion  of  the  Publick  Tax  set  on  s*^  Inhabitants  for  s*^  year  pro-  ^^rciiiv^is^^i 
ceed'^  (without  being  thereto  appointed)  to  assess  also  on  s**  Inhabi-  iso. 
tants  the  sum  by  them  granted  to  their  Minister  for  his  Support  in  Mass. 
that  year  Considerable  Part  of  which  last  assessm'  has  been  collected  ^o^^sI^'^House 
but  some  of  said  Inhabitants  agree  to  pay  their  Proportion  thereof,  ^^^^^^'i^g  ^^^ 
whereby  Great  Difficulties  have  arisen  to  said  Inhabitants,  from  the  ^'^' 
sujDpos*^  Illegality  of  said  Assessm^ 

Therefore 

Voted  that  upon  the  said  Assessors  making  Oath  before  the  Clerk 
of  said  Plantation  or  before  some  Justice  of  the  Peace  in  said  County 
That  in  making  said  Assessm*^  they  acted  faithfully  According  to  the 
Directions  of  the  Law  in  apportioning  the  Same  on  said  Inhabitants 
That  then  the  said  Assessment  shall  be  Esteem**  Valid  &  Effectual 
the  aforesaid  defect  notwithstanding  &  the  Collector  or  Collectors 
to  whom  the  same  Assessm*'  are  Comitf*  shall  &  hereby  are  Authoriz"* 
&  required  to  levy  &  Collect  the  same  as  fully  &  Effectually  as  they 
ought  to  have  done  if  said  Assessors  had  been  specially  appointed  to 
make  S**  Assessment.     [Passed  December  14. 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  December  18. 


70 


Province  Laws  (i?eso?yes,  eiJc).  — 1753-54.  [Chaps.  160-162.] 


Legislative 
Records  of  the 
Council,  XX., 
115.    Mass. 
Archives, 
Ixxiv.,  148. 

House  Jour- 
nal, pp.  103, 121. 


CHAPTER    160. 

VOTE  ALLOWING  40/   TO  WILLIAM  PEABODY. 

A  Petition  of  William  Peabocly,  shewing  that  he  was  in  the  Ser- 
vice of  this  Province,  as  a  Lieutenant  in  the  Year  1749,  thirteen 
Weeks  of  which  time  he  was  at  the  Charge  of  his  own  billeting  & 
Sickness,  Praying  for  an  Allowance  out  of  the  publick  Treasury  to 
reimburse  the  same. 

Eead  and 

Voted  that  the  prayer  of  the  petition  be  So  far  granted  that  the 
pet"'  be  Allowed  out  of  the  Publick  Treasury  the  Sum  of  Forty  shil- 
lings for  his  Expences  in  his  Sickness  Mentioned  in  the  Pet°.  [Passed 
December  14. 


CHAPTER    161. 


ORDER    IMPOWERING    THE    TOWN    OF    WRENTHAM    TO    SELL    THEIR 

SCHOOL  LANDS. 


Legislative 
Records  of  the 
Couucil,  XX., 
116.    Mass. 
Archives, 
Iviii.,  390. 

Mass. 

Archives, 
Iviii.,  3S.9. 
House  Jour- 
nal, pp.  112, 116. 


A  Petition  of  John  Groldsbury  &  others  a  Committee  for  the 
Town  of  Wrentham.  shewing  that  the  Proprietors  of  the  said  Town 
gave  a  Tract  of  Land  for  the  Use  of  the  School  there,  which  is  now 
under  Lease,  and  for  as  much  as  the  said  Town  are  well  assured  that 
if  the  said  Land  were  sold  &  the  Money  produced  by  the  said  Sale 
put  to  Use,  and  the  Yearly  Interest  employed  for  the  Support  of 
said  School,  it  would  be  much  for  its  Benefit,  therefore  Praying  the 
said  Town  may  be  impowered  by  this  Court  to  dispose  of  the  said 
Land  accordingly; 

Eead  & 

Voted  that  the  prayer  of  the  pet''  be  granted  And  that  the  Town 
of  Wrentham  are  hereby  Enabled  &  Impowered  to  Make  Sale  of  the 
School  Lands  Mentioned  in  the  pet"  for  the  Most  the  Same  Avill  fetch 
&  to  make  and  Execute  a  good  &  sufficient  Deed  or  Deeds  of  the  Same 
first  giving  thirty  days  Notice  (in  the  s"^  Town  of  Wrentham)  of  the 
time  &  place  of  Sale  provided  also  that  the  money  Arising  by  the 
Sale  be  well  &  Sufficiently  secured  in  the  Said  Town  And  the  prin- 
cipal Always  Kept  Good  and  the  Interest  only  to  be  apply'd  towards 
the  Support  of  the  School  in  S*^  Town  and  that  Neither  the  prin- 
cipal or  Interest  be  apply''  to  Any  Other  Use.     [Passed  December  14. 


CHAPTER    162. 


ORDER  ON  THE  PET^'  OF  DIGHTON  SELECT   MEN  IN  REGARD  TO   CALL- 
ING TOWN  MEETINGS. 


Legislative 
Records  of  the 
Council,  XX., 
117.    Mass. 
Archives,  cv., 
463. 

Mass. 

Archives,  cv., 
462.    House 


A  Petition  of  Dighton  Select  Men,  shewing  that  the  Persons 
chosen  Constables  of  the  said  Town  for  this  Year  at  the  last  March 
Meeting  after  the  Meeting  was  dissolved  refused  to  serve,  and  the 
Constable  for  the  last  Year  is  dead,  therefore  Praying  that  some 
Person  may  be  appointed  upon  the  Select  Men's  Warrants  to  notify 
a  Meeting  for  choosing  Constables  &g^ 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  71 

[Eead  &]  "^"""m^'m 

Ordered  that  the  Select-men  of  the  Town  of  Dighton  be  and  ^^'  '' 
hereby  are  impowered  (when  they  shall  haue  Occasion  to  warn  a 
Town  meeting  for  Transacting  the  pnblick  affairs  of  said  Town) 
To  Direct  their  warrant  To  M''  George  Pitts  of  Said  Dighton  re- 
quiring him  to  notify  &  warn  the  Inhabitants  of  said  Town,  and  the 
Said  George  Pitts  is  hereby  impowered  and  required  upon  his  re- 
ceiving any  Warrant  from  the  Said  Select-men  to  notify  &  warn  the 
Inhabitants  of  Said  Town  accordingly,  and  that  the  meetings  had 
upon  Such  warning  shall  be  Deemed  &  held  Legall  as  tho  warned 
by  a  Constable.  Legally  Qualified,  agreeable  to  the  Law  &  Practice 
in  this  Province.     \^Passed  December  14. 


CHAPTER    163. 

VOTE  IMPOWERING  THE  AGENTS  OF   THE    TOWN    OF    HARDWICK    TO 
SELL  SCHOOL  LANDS. 

A  Petition  of  the  Town  of  Hardwick,  shewing  that  the  Pro-  Legislative 
prietors  of  said  Town  did  at  their  first  Settlement,  set  apart  two  councif  xx*^^ 
hundred  Acres  of  Land  for  the  Support  of  a  School,  and  the  said  n^.  MasV. '' 
Land  has  lain  unimproved  ever  since,  &  still  likely  to  do  so,  &  there-  MfL.^sIl' 
fore  Praying  for  Liberty  to  sell  it.  The  Produce  thereof  to  be  em-  mJ^^^] 
ployed  for  the  same  Purpose :  Mii^'393' 

Read  &  House  Jour- 

Voted  that  the  prayer  of  the  pet°  be  granted  &  that  the  Town  of  m  Trovmce' 
Hardwick  be  &  hereby  are  Enabled  &  Impowered  to  make  Sale  of  Laws,  xi.,  606, 
the  School  Lands  Mentioned  in  the  Petition  for  the  Most  they  will 
fetch  &  Make  &  Execute  a  good  Deed  or  Deeds  of  the  Same  first 
giving  thirty  days  Notice  in  the  Said  Town  of  Hardwick  of  the 
time  &  place  of  Sale  provided  Also  that  the  Money  Arising  by  the 
S"^  Sale  be  well  &  Sufficiently  Secured  in  the  S'^  Town  and  the  prin- 
cipal Always  Kept  Good  and  the  Interest  only  to  be  Apply*^  towards 
the  Support  of  a  School  in  S*^  Town  &  that  Neither  principal  or 
Interest  be  Applyed  for  any  Other  Use.     \^Passed  Decemler  14. 


CHAPTEE    164. 

VOTE  ACCEPTING  THfi  REPORT  OF  THE   COMMITTEE    APPOINTED    ON 

NATICK  AFFAIRS. 

A  Petition  of  Ebenezer  Felch  &  others,  English  Inhabitants  of  Legislative 

Records  of  tti6 

the  District  of  Natick,  representing  the  Difficulties  they  ly  under,  council,  xx., 
by  Reason  of  the  present  Situation  of  their  Meeting  House,  pray-  ^s,  59,  iis. 
ing  that  they  may  have  Liberty  &  Power  to  pass  Votes  respecting  Archives  xiii 
a  more  convenient  Place  for  the  Worship  of  God.  430-451.  Maps' 

A  Petition  of  John  Sawen  &  eight  others,  English  Inhabitants  mis.,  xx>d'ii., 
of  Natick,  shewing  that  the  Reason  why  they  did  not  give  in  their  Recoix^^of th^e^ 
Names  into  the  Secretary's  Office  (to  signify  their  desire  in  joining  Council,  xix., 
with  others  for  the  Support  of  the  Minister  over  the  Indians)  was  86,  m.'  House 
the  hope  they  had  that  the  Inhabitants  would  have  agreed  on  the  8fn3*i23'i24*'' 
Place  of  the  Meeting  House,  by  which  Means  they  have  lapsed  the  Province ' 


72  Province  Laws  ( Resolves  .etc.).  — 1753-54.     [  Chap  .  164.] 

cilaT^  sil"''^^^'  Time  limitted;  Praying  that  they  may  now  be  admitted  to  Join  with 

xiv.,  442,  chap.  Capt  Moi'se  &  others  of  their  Bretheren  that  are  already  united  with 

the  Indians  under  the  Eev"^  M'^  Badger,  &  that  their  Persons  &  Estates 

may  be  exempted  from  the  Charge  of  the  Ministry  in  any  other  part 

of  Natick. 

The  Committee  appointed  to  consider  the  Petition  of  Ebenezer 
Felch  &  others,  and  the  Petition  of  John  Sawen  &  others,  and  the 
Petition  of  sundry  Inhabitants  of  Natick;  having  heard  the  Parties 
&  fully  considered  the  same,  beg  Leave  to  report  that  it  appears  to 
the  Committee  that  David  Morse  &  his  Associates,  together  with 
John  Sawen  &,  eight  others,  have  contributed  towards  the  building 
the  Meeting  House  in  Natick,  and  entered  into  a  Contract  to  j)ay 
a  certain  Sum,  said  to  be  Thirteen  Pounds  six  shillings  &  eight 
pence,  Lawful  Money  ^  Annum  towards  the  Support  of  the  Rev*^ 
M'  Stephen  Badger,  the  Minister  there;  And  the  Commissioners  of 
the  Hon*^'^  Corporation  in  England,  and  the  Corporation  of  Harvard 
Colledge,  have  likewise  advanced  a  considerable  Sum  towards  build- 
ing the  Meeting  House,  and  agreed  to  pay  the  said  M'  Badger  Fifty 
Pounds  Sterling  per  Annum,  equal  to  about  Sixty  Six  Pounds,  thir- 
teen shillings  &  four  pence  Lawful  Money ;  upon  which  Encourage- 
ment M""  Badger  settled  in  the  Place,  and  took  the  Oversight  of 
a  second  Church  embodied  there  some  time  in  March  last;  Which 
Church  consists  of  a  Number  of  Indians  and  some  English  Inhabi- 
tants; viz'  David  Morse  and  his  Associates  who  had  been  by  this 
Court  freed  from  Parish  Taxes  for  the  Support  of  the  Ministry  in 
Natick  upon  certain  Conditions,  which  the  said  David  Morse  &  his 
Associates  had  complied  with.  It  appears  further  to  the  Committee 
that  the  first  Church  in  Natick,  and  the  other  Inhabitants,  who 
were  not  concerned  in  M''  Badgers  Settlement,  are  not  at  present 
able  to  build  an  other  Meeting  House,  nor  to  Support  an  other 
Minister  in  Natick,  but  seem  desirous  of  uniting  with  the  second 
Church,  and  forming  themselves  into  one  Church  &  Parish :  The 
Committee  are  therefore  of  Opinion,  That  in  Case  the  first  Church 
in  Natick  shall,  within  six  Months  from  this  Time,  be  regularly 
united  [&]  '  embodied  with  the  second  Church  there,  and  receive 
and  own  M''  Badger  as  Pastor  thereof;  and  the  Parish  shall  engage 
to  raise  towards  his  Support  a  Sum,  not  less  than  Thirty  three 
Pounds  six  shillings  &  eight  pence,  Lawful  Money  per  Annum, 
and  shall  engage  to  pay  Twenty  Pounds  three  shillings  &  four 
pence,  part  thereof  to  the  Treasurer  of  the  Commissioners  and  to 
the  Treasurer  of  Harvard  College,  or  their  Order  in  equal  Halves, 
that  then  the  said  Parish  shall  have  Liberty  to  remove  the  New 
Meeting  House  from  the  Place  where  it  now  stands,  to  the  Place 
where  this  Court  formerly  allowed  this  House  to  be  placed,  near 
to  William  Thomas's  House,  and  not  exceeding  Forty  Eods  to  the 
Westward  thereof;  Provided  they  shall  set  it  up  there  &  finish  it 
to  the  Approbation  of  this  Court  within  Six  Months  as  aforesaid 
at  the  Charge  of  the  [whole]  '  Parish ;  and  shall  likewise  reimburse 
to  Capt  David  Morse  &  others  the  several  Sums  they  have  advanced 
towards  building  the  said  House ;  and  likewise  their  Proportion  of 
the  Charge  of  Removing  the  same ;  An  Accompt  of  the  whole  being 
first  laid  before  this  Court  for  their  Allowance;  and  upon  the  Com- 
pliance of  the  Parish  herewith,  the  said  David  Morse  &  others  who 
have  agreed  to  pay  M'  Badger  as  aforesaid  the  Sum  of  Thirteen 
Pounds  six  shillings  &  eight  pence  per  Annum  shall  be  freed  from 

*  Inserted  from  the  State  Library  copy,  Legislative  Records  of  the  Council,  xx.,  115. 


[3d  Sess.]     Province  Laws  (Hesolves,  etc.).  — 1753-54.  73 

the  said  Contract;  and  again  subjected  to  all  Parish  Taxes,  any 
former  Order  of  this  Court  to  the  Contrary  notwithstanding, 

The  Committee  are  further  of  Opinion  that  the  Commissioners 
&  Corporation  aforesaid  should  be  furnished  with  a  Copy  of  this 
Report  or  of  the  Order  of  Court  thereupon  for  their  Consideration ; 
and  further.  That  in  Case  of  the  Non  Compliance  of  the  first  Church 
in  Natick,  and  the  Parish  there,  with  the  Order  of  the  Court  hereon, 
That  then  the  Petition  of  John  Sawen  &  eight  others  prefer'd  to  this 
Court  at  their  Session  in  May  last,  be  so  far  granted,  as  that  the  Peti- 
tioners with  their  Estates  be  annexed  to  Capt  David  Morse  and  his 
Associates,  and  be  freed  from  doing  Duty  in  the  Parish  of  Natick 
for  the  future;  they  paying  towards  the  Support  of  the  Ministry 
agreable  to  their  Contract  with  said  M""  Badger;  all  which  is  hum- 
bly submitted. 

In  the  Name  and  by  Order  of  the  Committee, 

John  Greenleaf. 

Read  &  Accepted;  Provided  the  Commissioners  for  Indian  Affairs 
&  the  Corporation  of  Harvard  College,  shall  by  a  Vote  of  their 
respective  Bodies  signify  their  Agreement  to  the  Uniting  the  two 
Societies  in  Natick  on  the  Terms  mentioned  in  this  Report.  [Passed 
December  14. 


CHAPTER    165. 

VOTE  IMPOWERING   ^AM}-  MILBERRY    &    MARY    NORWOOD,  ADM^^  TO 

SELL  LAND. 

A  Petition  of  Samuel  Milberry  &  Mary  Norwood  Administrators  Legislative 
of  the  Estate  of  Gustavus  Norwood  late  of  York  deC^  shewing  that  ^^Xcn',  °  x^^"^ 
the  Personal  Estate  is  not  sufficient  to  pay  the  Debts,  and  that  it  ^^^iji^ffg^^jx 
will  be  a  great  Prejudice  to  sell  a  part  only  of  the  Real,  Praying  34. 
Liberty  to  sell  the  whole  Real  Estate,  they  to  be  accountable  for  House  Jour- 
the  Residue  after  the  Debts  are  paid.  iis'iis.' ^Prov- 

Eead  &  Ir'isV^clia 

Voted  that  the  prayer  of  the  petition  be  granted  and  that  the  said  16!  '  ^  ^^' 
Samuel  Milberry  &  Mary  Norwood  be  and  hereby  are  Impower'd  to 
make  Sale  of  the  Lands  mention'd  in  the  Petition  for  the  most  they 
will  fetch  and  to  Execute  a  Deed  or  Deeds  to  Such  Person  or  Per- 
sons who  Shall  purchase  the  Same  Observing  the  Directions  of  the 
Law  with  respect  to  the  Sale  of  Real  Estates  and  the  money  arising 
by  said  Sale  to  be  Improv'd  in  the  following  manner  Viz'  In  the  first 
place  to  pay  the  Just  Debts  of  the  Said  Gustavus  Norwood  Deceas'* 
and  Charges  of  s*^  Sale  and  the  overplus  to  be  let  out  on  Interest  for 
the  benefit  of  the  Heirs  of  the  said  Gustavus  Excepting  one  third 
part  of  the  Yearly  Interest  of  s"*  Money  to  be  for  said  Mary  during 
the  time  of  her  Natural  life  and  that  the  Petitioners  Give  Bond  to 
the  Judge  of  Probate  for  the  County  of  York  that  the  proceds  of 
s**  Sale  shall  be  applied  in  Manner  afores'^.     [Passed  December  15. 


74 


Province  Laws  (Besolves^  etc.).  — 1753-54.  [Chaps.  166, 167.] 


CHAPTEE    166. 


VOTE  IMPOWERING  CHILDREN  AND  GUARDIANS  OF  CHILDREN  OF 
PHILLIP  AUDEBURT  TO  SELL  REAL  ESTATE  AND  MAKING  PROVI- 
SION IN  REGARD   TO  THE  PROCEEDS.. 


Legislative 
Records  of  the 
Council,  XX., 
1'21.    Mass. 
Archives,  xix., 
66^ 

House  Jour- 
nal,.pp.  lll,l-22. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  the  Children  of  Philip  Audebiirt  late  of  Boston 
dec'^  Intestate  and  the  Guardians  of  such  of  the  Children  as  are 
under  Age,  setting  forth  the  Necessity  of  selling  a  House  &  Land 
belonging  to  the  Intestate's  Estate  situate  in  Kingstreet  in  Boston, 
and  therefore  praying  for  Liberty  from  this  Court  for  selling  the 
same,  for  paying  the  Intestates  Debts, 

Eead  & 

Voted  that  the  Prayer  of  the  Petition  be  Granted  And  That  the 
Said  Petitioners  be  authorized  to  make  Sale  of  the  House  &  ap- 
purtenances In  Kings  street  in  Boston  Afore  S'^  lately  belonging  to 
Philip  Audebert  late  of  Boston  Dec*^  for  the  Most  it  will  fetch  & 
to  Execute  a  Good  Deed  or  Deeds  of  the  Same  They  Observing  the 
LaAV  respecting  the  Sale  of  real  Estates  And  giving  Security  to  the 
Judge  of  Probate  for  the  County  of  Suffolk  that  the  proceeds  of 
s'^  Sale  be  Apply'^  in  the  first  place  to  Discharge  the  Mortgage  on 
the  Premisses  &  afterwards  the  Other  Just  Debts  of  the  S'^  Dec** 
And  that  the  Remainder  (after  the  Said  Philip  Son  of  the  Dec** 
has  had  his  part  Share  or  proportion  thereof)  be  put  out  at  Inter- 
est by  S**  Guardians  &  Interest  &  principal  Apply'd  as  Occasion  shall 
require  to  the  Maintenance  &  Education  of  the  Minors  &  whatever 
May  remain  when  they  Shall  come  of  Age  be  delivered  to  s**  Minors- 
According  to  their  Respective  shares  all  reasonable  Charges  being 
first  Deducted  The  S**  Guardians  to  be  Accountable  to  the  Judge 
of  Probate  for  the  time  being  of  the  County  Afores**  for  their  pro- 
ceeding herein.     \_Passecl  Deceiiiber  15.^ 


CHAPTER    167. 


Legislative 
Records  of  the 
Council,  XX., 
1-20.    Mass. 

Archives,  cv., 
460. 

Mass. 

Archives,  cv., 
459,  461.   House 
Journal, 
pp.  123, 12S. 


VOTE  ALLOWING  £6.  13.  4  TO  JOHN  RUDDOCK. 

A  Petition  of  John  Ruddock  of  Boston,  praying  that  he  may 
be  allowed  by  the  Province  the  Value  of  a  wooden  Building  erected 
upon  Castle  Island,  by  one  Thompson,  and  purchased  by  the  Pef^ 
the  Government  having  taken  the  said  Building  to  their  own  Use. 

Read  & 

Voted  that  the  Sum  of  Six  pounds  13/4  be  Granted  &  paid  to  the 
Pef  John  Ruddock  in  full  Consideration  for  the  building  mentioned 
In  the  Pet"  or  if  it  be  More  Agreeable  to  the  s**  Ruddock  to  remove 
the  Same  as  was  first  Intended  that  he  have  liberty  So  to  do  with- 
out his  paying  Any  Consideration  for  the  Stuff  that  was  put  into 
the  building  which  belonged  to  the  Province.    \^Passed  December  18. 

»  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  December  18. 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1753-54.  75 

CHAPTER    168. 

VOTE  IMPOWERING  ELIZABETH  LAWRENCE,  INDIAN,  TO   SELL  LAND. 

A  Petition  of  Elisabeth  Lawrence  of  Natick,  Indian,  Praying  Legislative 
for  Liberty  from  this  Court  to  sell  Twenty  five  Acres  of  her  own  councif.xx?® 
Land,  in  Natick,  for  discharging  the  Debts  contracted  by  her  late  ^^p,^f^||^'- 
Husband  and  her  Sister  Ann  Brooks  of  Natick  now  dec"^  xxxu.,  ^2. 

Read  and  thereupon  Mass. 

Voted  that  the  Prayer  of  the  Petition  be  so  far  granted  as  that  xxxM^ilb. 
the  Pef  have  leave  with  the  Advice  and  Assistance  of  y®  Guardian's  H^ouse'jour. 
of  the  Natick  Indians  to  sell  so  much  of  the  Land  therein  men-  proV^ince " 
tioned  as  will  pay  the  sum  of  sixteen  Pounds  eight  shillings  they  to  ^otef '  ^^^-^  ^^• 
be  accountable  to  this  Court  for  their  Proceedings  herein.     \^Passed 
Decemher  18. 

CHAPTEE    169. 

ORDER  ERECTING  THE  NORTH  PARISH  IN  SUNDERLAND   INTO   A   SEP- 
ARATE DISTRICT. 

A  Petition  of  the  North  Parish  in  the  Town  of  Sunderland,  ^|fj,'j.dfof  the 
setting  forth  the  Inconveniences  they  are  under  by  being  continued  council,  xx., 
as  a  part  of  the  said  Town,  and  Praying  that  they  may  be  set  off  &  ArcMve^s^,' 
made  a  seperate  District 


Read  with  the  Answer  of  the  Rev*^  M""  Prince  &  D'  Chaucey  &       ^l^lf-;^^^^ 
Ordered  that  the  prayer  of  the  Petition  be  So  far  granted  that  cxvi.,  448-455. 
the  petitioners  be  Allowed  to  bring  in  a  Bill  to  Erect  the  S'^  North  Befords  of  the 
Parish  in  Sunderland  Into  a  Seperate  District '  And  that  there  be  g^i^^^^^^^g^- 
a  Tax  of  one  half  penny  ^  Acre  laid  on  the  Unimproved  lands  in  journal,  pp- es, 
S*^  Parish  for  the  Term  of  three  Years  And  Also  that  there  be  Added  Jnt'e  Lawr,TiLi 
to  the  Next  province  Tax  that  shall  be  laid  on  the  Other  part  of  the  ™.  chap.  22. 
Said  Town  of  sunderland  the  Sum  of  thirty  one  pounds  which  shall 
be  by  the  province  Treasurer  paid  to  the  Inhabitants  of  the  present 
Northerly  parish  in  S''  Town.     \_Passed  December  18. 


CHAPTER    170. 

ORDER  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE  FOR  FARMING 
EXCISE  IN  THE  COUNTY  OF  BRISTOL  AND  ALLOWING  £2.  9.  8  EX- 
PENSES THEREON. 

The  Comitte  Appointed  by  the  Great  &  General  Court  To  Farm  Legislative 
out  the  Excise  for  the  County  of  Bristol  for  one  year  from  the  Ninth  couSxx?^ 
Day  of  luly  Last,  have  attended  that  Service  &  have  farmed  out  the  ^-^-i^f^^^^"- 
Same  To  Capt°  George  Morey  of  Norton  for  the  Sum  of  One  hundred  cxix..  62.^'. 
&  Thirty  pounds  Lawfull  money  and  have  Taken  Bond  Avith  Sufficient  House  Jour. 
Suretys  for  the  payment  of  the  same  and  have  Lodged  Said  Bond,  ^2lu,'v'^i, 
with  the  Province  Treasurer  and  the  Committe  pray  for  the  follow-  chap'.  5i. 
ing  Allowance 

Read  & 

Ordered  that  the  Above  Report  be  Accepted  &  the  Sum  of  Two 
pounds  9/8  be  AlloAved  &  paid  to  the  Said  Com''''  for  their  Trouble 
&  Expences  in  farming  S''  Excise.     \^Passed  December  18. 

1  Called  "Montague." — Province  Laws,  iii.,  713,  chap.  22. 


76 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  171-173.] 


CHAPTEE    171. 


ORDER  OF  NOTICE  ON  THE  PETITION  OF   SILVAN^  BARROW   FOR    PER- 
MISSION TO  ENTER  AN  APPEAL. 


Legislative 
Records  of  the 
Council,  XX., 
122.    Mass. 
Archives, 
xliii.,  772. 

Mass. 
Archives, 
xliii.,  772-782. 
House  Jour- 
nal, pp.  125, 126. 


A  Petition  of  Silvanus  Barrow  of  Middleborough,  shewing  that 
at  the  Inferiour  Court  held  at  Springfield  in  August  last,  an  Action 
was  tried  between  him  &  Obadiah  Dickenson,  that  Judgment  was 
against  the  Petitioner  who  was  unavoidably  hindered  from  attend- 
ing at  the  said  Court;  and  his  Attorney  contrary  to  the  Petitioners 
Order  neglected  to  enter  an  Appeal;  Praying  that  this  Court  would 
admit  him  to  appeal  to  the  next  Superiour  Court,  &  that  Execution 
be  stayed  in  the  mean  time, 

Read  & 

Ordered  that  the  petitioner  Serve  the  Adverse  party  Ob.  Dickin- 
son with  a  Copy  of  this  Petition  that  he  Shew  Cause  (if  any  he  have) 
on  the  Second  Fryday  of  the  Next  sitting  of  this  Court  why  the 
prayer  thereof  Should  not  be  granted  provided  the  Petitioner  give 
Bond  with  sufficient  sureties  Unto  the  Sheriff  of  the  County  of  Plym-. 
outh  To  pay  with  Interest  from  this  time  the  Sum  s'^'Dickinson  may 
finally  Recover  Against  the  Petitioner.     [^Passed  December  18. 


Legislative 
Records  of  the 
Council,  XX., 
122.    Mass. 
Archives, 
cxix.,  624. 

House  Jour- 
nal, p.  126. 


CHAPTER    172. 

ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO   DELIVER  TO    SAM^ 
WHITE,  ESQ^  A  BOND  GIVEN  BY  HIM. 

A  Petition  of  Samuel  "White  of  Taunton  Esq"'  shewing  that  he  has 
suffered  considerable  Loss  by  taking  the  Excise  for  the  County  of 
Bristol  for  three  Years  that  he  has  paid  off  his  two  fii-st  Bonds  and 
also  his  last  Bond  saving  about  Six  Pounds,  Praying  for  an  Order 
to  the  Treasurer  to  deliver  that  Bond  up  discharged  or  otherwise 
Relieve  the  Petitioner, 

Read  & 

Ordered  that  the  prayer  of  the  Petition  be.  Granted  &  that  the 
province  Treasurer  be  Allowed  and  Directed  to  Deliver  to  the  pet' 
Sam^  White  Esq"'  his  bond  for  the  Year  1750.    \^Passed  December  18. 


Legislative 
Records  of  the 
Council,  XX., 
81.    Mass. 
Archives, 
cxvi.,  444. 

Mass. 
Archives, 
cxvi.,  440-447. 
Legislative 
Records  of  the 
Council,  XX., 


CHAPTER    173. 

ORDER  ERECTING  DIVERS  INHABITANTS   OF  NEW   CASCO   WITH   THEIR 
ESTATES  INTO   A  SEPARATE  PARISH. 

A  Petition  of  Nathaniel  Noyes,  Ichabod  Clarke  &  fifty  others. 
Inhabitants  of  that  Part  of  Falmouth  called  New  Casco,  lying 
between  North  Yarmouth  k  the  Easterly  Side  of  Pesumscot  River, 
setting  forth  the  great  Inconveniences  they  are  under  to  attend  the 
publick  Worship,  &  Praying  that  they  may  be  set  off  a  seperate 
Parish,  according  to  the  Bounds  set  forth  in  the  Petition. 

Read  and 

Ordered  that  the  Prayer  of  the  Pet°  be  so  far  Granted,  as  that 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  77 

all  the  Inhabitants  on  the  Easterly  side  of  Pesumpscot  Eiver  be  122.  House 
set  off  as  a  seperate  Parish  begining  at  North  Yarmouth  Line  near  m^i^t!'^'^'"*' 
the  Sea,  and  from  thence  running  by  the  Bay  to  Pesumpscot  River, 
and  thence  up  said  River  as  far  as  the  Westerly  Side  of  M''  James 
Winslows  Sixty  Acre  Lot  on  which  his  now  dwelling  House  Stands, 
and  from  thence  to  run  a  Northwest  Line,  to  the  head  of  the  Town- 
ship Including  Mackworths  Island  Clapboard  Islanld  and  Little 
Jabeeg;  and  as  many  of  the  Inhabitants  of  the  first  Parish  in  Fal- 
mouth as  shall  see  Cause,*  that  live  on  the  Westerly  side  of  said 
Pesumpscot  River  convenient  to  said  Parish  have  Liberty  to  Join 
with  them  with  their- Estates  on  which  they  dwell  within  twelve 
Months,  they  transmitting  into  the  Secretarys  Office  a  List  of  their 
Names  for  Confirmation  within  said  Term  and  That  the  Said  Inhabi- 
tants be  vested  with  the  Powers  and  Privileges  which  other  Parishes 
within  this  Province  do,  or  by  Law  ought  to  enjoy.  \^Passed  Decem- 
ber 18. 


CHAPTEK    174. 

ORDER  GRANTING  TO   ELIZABETH   LIBBY  LICENCE   TO   KEEP  AN  INN. 

A  Petition  of  Elisabeth  Libbey  of  Falmouth  in  the  County  of  r®^'*.'?"^! .1, 
York  shewing  that  she  is  conveniently  situated  &  well  provided  to  councir,  xx., 
keep  a  Tavern  in  the  said  Town,  therefore  praying  that  the  Court  Arcw^es^cxi., 
of  Sessions  of  the  Peace  for  said  County  may  be  impowered  to  grant  ^ 


her  a  Licence  at  the  next  Term.  Mass 

Arch: 

279. 

Journal 


-p,        I    .1  Archives,  cxi., 

-tveaCl  &  279.    House 


Ordered  that  the  prayer  of  the  petition  be  So  far  granted  that  pp^joe'ia?. 
the  Justices  of  the  Court  of  General  Sessions  of  the  peace  Next 
to  be  Holden  in  the  County  of  York  be  Impowered  (if  they  See 
fit)  to  Licence  the  petitioner  to  keep  a  house  of  publick  Entertain- 
ment in  s''  Falmouth  She  first  Obtaining  the  Approbation  of  the 
Selectmen  of  S'^  Town.     \^Passed  December  18. 


CHAPTEK    175. 

VOTE    IMPOWERING    HANNAH    UNDERWOOD    [ADM^]     TO     SELL    REAL 
ESTATE  AND  MAKING  PROVISION  AS  TO  THE  PROCEEDS. 

A  Petition  of  Hannah  Underwood  Widow  [Adm^,]  of  Joshua  Legislative 
Underwood  late  of  Mendon  dec*^  Praying  that  She  may  be  enabled  to  c^nrfi^xx!^® 
sell  thirty  Acres  of  Land  at  Wiscasset  belonging  to  his  Estate,  she  123.  MasV. '' 
not  being  able  to  perform  the  Conditions  of  holding  it,  &  to  prevent  .^x^^s^^^' 
it's  being  forfieted.  ^^^_ 

Read  &  Archives, 

Voted  that  the  prayer  of  the  Petition  be  granted  and  that  the  kouseJour. 
petitioner  in  her  Capacity  be  &  hereby  is  Authorized  to  make  Sale  L^Vprol^nce"' 
of  the  premisses  Mentioned  In  the  petition  for  the  most  that  may  ^^^^'j"-'  ^^^> 
be  &  to  Execute  a  Good  Deed  or  Deeds  in  the  Law  of  the  Same 
she  first  Observing  the  Law  respecting  the  Sale  of  Intestate  Estates 
Giving  security  to  the  Judge  of  Probates  for  the  County  of  Worces- 
ter that  the  proceeds  of  Such  Sale  shall  be  Duly  Apply'd  for  the 
payment  of  the  Just  Debts  of  her  late  Husband  Joshua  Underwood 

'  The  words  "as  shall  see  Cause,"  are  underlined  in  the  original  MS. 


78 


Province  Ijk\\^  {Resolves,  etc.).  — 1753-54.  [Chaps.  176,  177.] 


Deceased  And  the  Eemainder  thereof  After  the  Debts  are  paid  be 
put  out  at  Interest  reserving  only  to  her  own  Use  as  her  right  of 
Dower  one  third  of  the  Interest  of  S'^  Money  for  the  Benefit  of  her 
Children  And  that  the  remainder  both  principal  &  Interest  be  De- 
livered them  respectively  (Necessary  Charges  being  first  Deducted) 
when  they  Shall  arrive  at  Lawf  ull  Age  she  the  S*^  Hannah  to  be  Ac- 
countable to  the  Judge  of  Probate  for  the  time  being  for  the  County 
of  Worcester  for  her  proceedings  in  the  premisses.  [Passed  Decem- 
ber 18. 


CHAPTEE    176. 

VOTE   IMPOWERING   JAMES    BOUTINEAU    &    W^   BOWDOIN,  GUARDIANS, 
TO  SELL  REAL  ESTATE. 

Recordfof  the  ^  PETITION  of  James  Boutineau,  and  William  Bowdoin,  Guar- 
councii,  XX.,  dians  of  five  of  the  Children  of  Belthazer  Bayard,  shewing  that  in 
A'rchives^xix.,  the  Division  of  the  Estate  of  their  Grand  father  James  Bowdoin 
?i:^ dec'^a  House  and  Land  and  divers  small  Lots  in  the  Town  of  East- 
Archives  xix  ^^^"^  ^®^^  ^^  their  Share,  all  which  is  sinking  in  its  Value,  therefore 
22.  House'  " ''  Praying  for  Liberty  from  this  Court  to  sell  the  same,  for  the  greater 
Journal,  p.  127.  benefit  of  the  said  Minors, 
[Read  &] 

Voted  that  the  Prayer  of  s*^  Petition  Be  Granted  and  yt  the  Peti- 
tioners In  their  s*^  Capacity  Be  and  Hereby  are  Impowered  to  make 
sail  of  the  Real  Estate  mentioned  In  Their  Petition  for  the  most 
it  will  sell  for  and  to  Execute  a  Deed  or  Deeds  of  Sale  for  the  Pass- 
ing the  Title  of  the  Same  and  that  the  moneys  ariseing  By  S*^  sale 
Be  Lett  out  on  Interest  for  the  Benifitt  of  their  Wards  and  That 
the  s*^  Guardians  Giue  Bond  to  the  Judge  of  Probate  for  the  County 
of  Suffolk  For  the  faithfull  Performance  of  Their  Trust  In  this 
matter.     [Passed  December  18. 


Legislative 
Records  of  the 
Council,  XX., 
124.    Mass. 
Archives,  xix., 
fi.5. 

House  Jour- 
nal, pp.  116, 128. 
Province 
Laws,  xi.,738, 
chap.  69. 


CHAPTER    177. 

VOTE  IMPOWERING  BENJ'^  STARR  TO   SURVEY  AND  LAY  OUT  100  ACRES 

OF  LAND. 

A  Petition  of  James  Wright,  Attorney  to  Benjamin  Starr  pray- 
ing for  an  Equivalent  in  Consideration  of  seventy  Acres  of  Land, 
taken  oil  (from  a  Grant  of  250  xicres  made  by  this  Court  in  1733, 
to  the  Heirs  of  Capt  Weld)  by  the  runing  of  the  Lines  of  the  Town- 
ship called  Nitchewogg. 

Read  & 

Voted  that  the  s*^  Benj*  Starr  have  Liberty  to  survey  &  lay  out 
One  Hundred  Acres  of  the  Unappropriated  lands  of  the  province 
And  Return  A  plan  thereof  to  this  Court  in  twelve  Months  for  Con- 
firmation for  that  part  of  a  Grant  of  Land  made  by  this  Court  Some 
Years  Since  &  Now  belonging  to  the  S*^  Benj'^  Starr  by  Mistake  was 
laid  out  in  the  Township  of  Nicherwoag.     [Passed  December  18. 


[3d  Sess.]     Province  Laws  {Besolves,  etc.).  — 1753-54.  79 


CHAPTEE    178. 

VOTE  ACCEPTING  REPORT  OF  Y^  STATE  OF  THE   CASE  REFERS  TO  THE  Legislative 

BOUND^'  W^"  NEW   YORK  COLONY.  Counctf  xx!^^ 

130.    Mass.  ' 

Samuel  Watts  Esq^  from  the  Committee  of  both  Houses  (ap-  f^}^^^^^'  ^'^■' 
pointed  for  that  Purpose)  gave  in  their  Report  of  the  State  of  the  ^J^ 


Case  referrino;  to  the  Dispute  between  this  Province,  and  that  of  Archives,  iv., 

-N-  ^-      1  ^-  xu     •      -n  1       •  424-437.    Legis- 

jSew  lork  respecting  their  iioundaries:  lative  Records 

[The  report]  Read  &  accepted '  &  the  Committee  are  ordered  to  xi-%^™el' 

prepare  a  Letter  to  M"^  Agent  Bollan  to  accompany  this  State  of  p.  53,  chap, 
the  Case  with  proper  directions  relative  to  it  &  to  report  the  same.'^ 
\^Passed  December  18.^ 


CHAPTER    179. 

ORDER  GRANTING  TO  GEORGE  TILLEY  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  George  Tilley  of  Boston  Retailer,  Praying  that  Legislative 
the  Court  of  General  Sessions  of  the  Peace  for  Suffolk  may  give  coundf.xx.,^ 
him  a  Licence  to  keep  Tavern  in  a  House  in  Ann  Street,  which  Archfvesfcxi., 
has  been  improved  in  that  Way.  -"■ 

Read  and  Mass. 

Ordered  that  the  Prayer  of  the  Pet°  be  so  far  Granted  as  that  ^e^'^Hous'e''''' 
the  Justices  of  the  General  Sessions  of  the  Peace  for  the  County  Journal,  p.  isi. 
of  Suffolk  at  their  next  ensuing  Sessions  be  and  hereby  are  impow- 
ered  to  Grant  the  Pef  a  Licence  to  keep  a  Tavern  in  the  Town  of 
Boston  the  remaining  part  of  the  Year  Provided  he  Obtain  a  Rec- 
ommendation from  the  Select  Men  of  the  Town  of  Boston  for  that 
Purpose  the  Time  for  Granting  Licences  being  elapsed  notwithstand- 
ing.    \_Passed  December  19.* 


CHAPTER    180. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  IN 
THE  COUNTY  OF  BARNSTABLE  AND  ALLOWING  £1.  18.  8  FOR  THE 
EXPENSES  THEREOF. 

The  Committee  Apointed  to  Farm  the  excise  in  the  County  of  Rlfordfjf the 
Barnstable  For  the  Year  1753.  Have  met  And  Attended  that  Ser-  council,  sx., 
vice  And  Have  Farmed  s<^  Excise  to  David  Gorham  Esq'^  For  One  Archives?" 
Hundred  Thirty  Four  pounds  Two  Shillings  And  Eight  Pence  Law-  cxix.,  626'. 
full  Money  of  this  Province  And  Have  taken  Bond  with  Sureties  House  JMir- 
for  the  Payment  of  the  Same  Pursuant  to  Law  And  have  Lodged  Anie,'v.2i, 
&'^  Bond  with  the  Province  Treasurer  And  pray  An  Allowance  for  cbap.so. 
their  trouble  And  Expences  As  Follows;  viz^  [£]1.18.8 

^  order  of  the  Committee  John  Otis 

^  Owing  to  the  length  of  the  report  it  is  not  printed  with  the  chapter.  It  may  be  found 
in  Mass.  Archives,  iv.,  424-437. 

^  Not  found  in  the  House  Journal. 

'  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  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  18. 


80 


Province  Laws  (i?e«oZves,  e^c).  — 1753-54.  [Chaps.  181-183.] 


Legislative 
Records  of  the 
CouDcil,  XX., 
125. 

House  Jour- 
nal, pp.  8, 130. 


Read  & 

Ordered  that  the  Above  Report  be  Accepted  &  that  the  sum  of 
One  pound  18/8  be  Allowed  &  paid  the  S"^  Com*^  for  their  Trouble 
&  Expeuce  in  farming  s''  Excise.     \^Passed  Decemher  19. 


CHAPTER    181. 

ORDER    ALLOWING    THE    ACCO'^   OF    THE    TREASURER    OF  PLYMOUTH 

COUNTY. 

An  x\ccompt  presented  by  Edward  Winslow  Esq""  Treasurer  of  the 
County  of  Plymouth  for  the  Year  1752,  Having  been  by  him  laid 
before  the  Court  of  General  Sessions  of  the  Peace  for  the  said  County 
and  by  them  allowed. 

Read  & 

Ordered  that  the  within  Accompt  be  allowed,  and  that  the  Bal- 
lance  thereof  being  Seventy  seven  Pounds  six  Shillings  &  four  pence, 
the  said  Treasurer  is  further  accountable  to  said  County  for.  [Passed 
December  19. 


CHAPTER    182. 


ORDER  GRANTING  TO   SMiV-  BRADFORD   LICENCE   TO  KEEP  AN  INN. 

Reford"of  the  ^  PETITION  of  Samuel  Bradford  of  Middleton  in  the  County  of 
Council,  XX.,  Essex,  shewing  that  he  is  much  desired  by  Persons  concerned  to  set 
Archiv^esTcxi.,  up  a  Tavern  in  the  said  Town,  where  at  Present  there  is  none;  Pray- 

'^£i ing  that  the  Court  of  General  Sessions  of  the  Peace  for  said  County 

may  be  allowed  to  grant  him  Licence. 
Read  & 

Ordered  that  the  prayer  of  the  Petition  be  so  far  granted  that 
the  Justices  of  the  Court  of  General  sessions  of  the  peace  for  the 
County  of  Essex  are  hereby  Impowered  at  their  Next  Term  (if  they 
See  fit)  to  Licence  the  pef  to  keep  a  Publick  House  of  Entertain- 
ment In  the  Town  of  Middleton  The  time  for  Granting  of  Licences 
being  Elapsed  Notwithstanding  he  first  Obtaining  the  Approbation 
of  the  selectmen  of  S*'  Town.     [Passed  Decemher  19. 


IMass. 

Archives,  cxi., 
281.    House 
Journal,  p.  130. 


CHAPTER    183. 


Legislative 
Records  of  the 
Council,  XX., 
126.    Mass. 
Archives,  lix., 
399. 

Mass. 

Archives,  lix., 
398.    House 
Journal,  p.  130. 


ORDER  GRANTING  TO  HENRY  BARNS  LICENCE  TO  SELL  STRONG  DRINK. 

A  Petition  of  Henry  Barnes  of  Marlboro,  Praying  that  the  Court 
of  General  Sessions  of  the  Peace  for  the  County  of  Middlesex  may 
be  impowered  at  their  present  Session  to  grant  him  a  Licence  to 
sell  by  Retail  a  spirituous  Liquor  which  he  distills  off  of  Cyder. 

Read  & 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  granted  that 
the  Justices  of  the  Court  of  General  sessions  of  the  peace  for  the 
County  of  Middlesex  are  hereby  Impowered  (if  they  See  fit)  at  their 
Present  or  at  their  Next  Term  to  Licence  the  pef  to  Sell  by  Retail 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1753-54.  81 

In  S''  Town  such  Spirituous  Liquors  as  he  shall  Distill  he  first  Obtain- 
ing the  Approbation  of  the  selectmen  of  Marlboro  the  time  for  Grant- 
ing Licences  being  Elapsed  Xotwithstanding.    \_Passecl  December  19. 


CHAPTER    184. 

ORDER  GRANTING  TO  ISAAC   WHITNEY  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Isaac  Whitney  of  Biddeford  in  the  County  of  Legislative 
York,  Praying  that  the  Court  of  General  Sessions  of  the  Peace  councff, xx!f ^ 
for  the  said  County,  may  by  this  Court  be  impowered  at  their  next  ArcMv^es^cxi 
Term,  to  grant  the  Petitioner  a  Licence  to  keep  Tavern  in  the  said  274. 
Town  of  Biddeford,  Mass. 

T?QQr1   Ht  Archives,  cxi., 

JXeau  (S  273.   House 

Ordered  thdit  the  prayer  of  the  pet°  be  so  far  granted  that  the  Journal,  p.  129. 
Justices  of  the  Court  of  General  sessions  of  the  peace  for  the  County 
of  York  be  Impowered  (if  they  think  fit)  to  Licence  the  pef  to  keep 
a  house  of  publick  Entertainment  in  S"^  Biddeford  he  first  Obtaining 
the  Approbation  of  the  selectmen  of  S''  Town  The  time  for  Grant- 
ing of  Licences  being  Elapsed  Notwithstanding.  \_Passed  Decem- 
ber 19. 


CHAPTER    185. 

ORDER  IMPOWERING  SARAH  STANIFORD,  EXECUTRIX,  TO  BRING    FOR- 
WARD A  WRIT   OF  REVIEW. 

A  Petition  of  Sarah  Stanniford  Execut^  of  John  Stanniford  late  Legislative 
of  Boston  dec**  shewing  that  She  was  in  that  Quality  summoned  by  ^ouncif  xx'^® 
a  Deputy  Sheriff's  reading  to  her  a  Paper  she  understood  not,  to  104.  MasV '' 
appear  at  the  Inferiour  Court  of  Common  Pleas  in  the  County  of  f^_^^^^^^'  ^^^■> 
Essex  to  Answer  to  the  Suit  of  John  Calef,  but  she  mistaking  it  ^^^_ 
to  be  a  Citation  to  appear  before  the  Judge  of  Probate  for  the  said  ^'^^-^'^l  v^^ui" 
County,  neglected  to  attend  at  the  said  Court  to  defend  the  said  tive  Words  of 
Action  which  she  could  easily  have  done ;  By  which  Means  Judg-  x^x-.^ml^m 
ment  went  against  her  by  Default,  Of  all  which  she  was  intirely  ^^T^/ "^i^ig^iog 
ignorant,  till  the  Officer  came  &  levied  the  said  Execution  on  her  132,' 133'. 
Testator's  Estate  in  her  Hands;  praying  that  she  may  be  impowered 
to  review  the  said  Action,  &  if  need  be,  to  pursue  it  in  the  Supe- 
riour  Court,  and  that  the  said  Court  may  be  directed  to  try  the 
same  till  it  come  to  final  Judgment. 

[Eeport]  Eead  &  not  Accepted  &  thereupon 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  granted  as  that 
the  Pef  in  her  Capacity  of  Executrix  be  &  hereby  is  enabled  to  bring 
her  Writt  of  Eeview  on  the  Judgm*  within  mentioned  at  the  next 
Infer"'  Court  of  Common  Pleas  to  be  holden  for  &  within  the  County 
of  Essex,  she  to  attend  the  Directions  provided  by  Law  in  Case  of 
bringing  forward  a  Writ  of  Review ;  And  the  Justices  of  the  said 
Court  are  hereby  impowered  to  order  an  issuable  Plea  upon  the 
original  Writt,  &  to  hear  &  determine  upon  the  Action  of  Eeview 
in  like  manner  to  all  Intents  &  Purposes  whatsoever  as  if  the 
Default  referr'd  to  in  the  Petition  had  not  been  made.  \^Passed 
December  20. 


82 


Province  Laws  ( Resolves ,etc.).  — 1753-54.  [ Chaps .  186-188.] 


CHAPTEE    186. 


VOTE  ALLOWING  £4.  16  TO  NATHi-  GARDNER. 


Legislative 
Records  of  the 
Council,  XX., 
127.    Mass. 
Archives, 
Ixxiv.,  146. 

Mass. 
Archives, 
Ixxiv.,  146. 
House  Jour- 
nal, pp.  131, 133. 


A  Petition  of  Nathaniel  Gardner  of  Pembroke,  Praying  to  be 
reimbursed,  by  Order  of  this  Court,  the  Charge  he  was  at  for  Nurs- 
ing &  Doctors  in  his  Sickness  contracted  while  he  was  in  the  pub- 
lick  Service  in  the  late  War. 

Read  & 

Voted  that  there  be  Allowed  &  paid  out  of  the  Publick  Treasury 
to  the  pef  Nat'  Gardner  the  sum  of  four  pounds  sixteen  shillings 
to  Enable  him  to  pay  his  Nursing  &  Doctor  as  Mentioned  in  the 
petition.     [Passed  Decemler  20. 


Legislative 
Records  of  the 
Council,  XX., 
127.    Mass. 
Archives,  xix., 
29. 

Mass. 

Archives,  xix., 
28.    House 
Journal, 
pp.  131, 132. 
Province 
Laws,  ii.,  151, 
chap.  10. 


CHAPTEE    187. 


VOTE  IMPOWERING  RHINE  AS  &  SARAH  BLOOD   TO   SELL  REAL  ESTATE. 

A  Petition  of  Phineas  Blood  &  Sarah  his  Wife,  late  Widow  of 
Ebenezer  Miriam  jun'  of  Concord  dec*^  shewing  that  the  real  Estate 
of  the  said  Ebenezer  is  under  such  Circumstances  as  to  be  very  un- 
profitable both  to  his  Widow  &  Children,  Therefore  Praying  that 
the  said  Estate  may  be  sold,  and  the  Produce  thereof  improved  for 
the  best  Advantage  of  both : 

[Read  &] 

Voted  that  the  prayer  of  the  Petition  of  Phinehas  Blood  &  Sarah 
Blood,  be  So  far  granted  as  that  the  Said  Phinehas  &  Sarah  with 
the  Consent  and  approbation  of  Nathaniel  Whittemore  of  Concord 
be  and  hereby  are  authorized  &  impowered  to  make  Sale  of  the 
Buildings  &  Lands  therein  mentioned  for  the  most  the  same  will 
fetch  and  to  make  and  Execute  a  good  Deed  or  Deeds  of  the  same 
they  observing  the  Direction  of  the  Law  respecting  the  Sale  of  Real 
Estates.  Provided  also  they  Give  Sufficient  Caution  To  the  Judge 
of  Probate  for  the  County  of  Middlesex  that  the  j)rincipal  Sum 
arising  by  Said  Sale  Shall  at  the  Decease  of  the  Said  Sarah  be  paid 
to  the  Two  Daughters. of  Ebenezer  Merriam  Jun""  Dec*^  or  their 
Legall  representatives,  agreeable  to  the  Will  of  the  Said  Ebenezer. 
[Passed  December  20. 


CHAPTEE    188. 


VOTE  DIRECTING  WALTER  M^FARLAND,  INTERPRETER,  TO  REPORT  AT 

BOSTON. 


Legislative 
Records  of  the 
Council,  XX., 
128.    Mass. 
Archives, 
cviii.,  521. 

Legislative 
Records  of  the 
Council,  XX., 
n4,n9.   House 
Journal, 
pp.  101, 121, 134. 


The  Com''™  on  His  Excellency's  Message  of  the  14*^  Instant  beg 
Leave  to  report  in  part;  viz'  that  His  Excellency  the  Governour  be 
desired  to  give  Orders  that  Walter  M'^Farland,  the  present  Inter- 
preter at  Richmond  repair  directly  to  Boston  in  order  to  perfect 
himself  in  Reading,  Writing  &  Cyphering,  The  Cost  of  which, 
together  with  his  Boarding  for  three  or.  four  Months,  to  be  at  the 
Charge  of  the  Province;  and  that  Robert  Dewee;  who  hath  some 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  83 

Knowledge  of   the  Indian  Tongue  be  sent  to  Richmond,  and  be 
employed  as  Interpreter  during  the  Absence  of  the  said  Walter. 

Jacob  Wendell  by  Order. 
Read  &  Accepted,     \^Passed  December  21. 


CHAPTEE    189. 

VOTE  IMPOWERING  EBENEZER  NICHOLS,  GUARDIAN,  TO   SELL  LAND. 

A  Petition  of  Ebenezer  Nichols,  Guardian  of  Samuel  Pool  of  ^Iford"of  the 
Reading  a  Minor,  shewing  that  the  Judge  of  Probate  for  the  County  council,  xx., 
of  Middlesex  hath  settled  the  Estate  of  the  said  Samuel's  Father  upon  Archiv^esf  xix., 

him,  he  to  pay  the  other  Heirs  their  Proportions,  that  one  of  the  ^^ 

Sisters  is  about  marrying,  and  the  Said  Samuel  (who  will  be  for  ten  Mass. 
Months  longer  under  Age)  is  desirous  to  have  a  Piece  of  Pasture  49.  Hmise  '^'' 
Land  sold  to  pay  his  Sister,  Therefore  Praying  that  the  Petitioner  "^^XlbD's. 
may  be  enabled  to  sell  the  said  Land.  Province 

n-»       T    0  Laws,  11.,  lol, 

[Read  &  ciiap.  10. 

Voted]  ' 

That  the  Petitioner  Eben'  Nichols  in  his  Capassity  of  Gaurdean 
to  Sam^  Pool  be  Impowerd  and  Innabled  to  make  Sale  of  s*^  Land 
mentioned  in  the  petition  for  the  most  it  will  fetch,  and  to  Execute 
a  good  Deed  or  Deeds  in  the  Law  for  Conveying  the  Same  He  to 
Observe  the  Directions  in  the  Law  for  the  Sale  of  Reale  Estates  and 
Give  Caution  to  the  Judge  of  probate  for  the  County  of  middle- 
sex,  that  the  proceeds  of  Said  Sale  be  Improved  in  paying  the  Said 
Minors  Sister  her  Share  or  Rite  in  her  late  fathers  estate,  and  the 
overplus  (if  any  be)  to  be  Improved  to  the  best  advantage  of  Said 
minor.     \_Passed  December  21. 


CHAPTER    190. 

VOTE  IMPOWERING  ESTHER  HARRINGTON,  ADMINISTRATRIX,  TO    SELL 

REAL  ESTATE. 

A  Petition  of  Esther  Harrington,  Widow  &  Administratrix  of  Rlfords^of  the 
the  Estate  of  Adino  Harrington  late  of  Weston  dec*^  shewing  that  council,  xx., 
the  personal  Estate  is  insufficient  to  pay  the  Debts,  that  the  Real  ArcMves,\ix., 
Estate  cannot  conveniently  be  divided ;  Therefore  Praying  that  she  ^ 


may  be  impowered  to  sell  the  whole,  the  Residue  after  the  Debts  ^^^^j.,,gg  ^j,. 
are  paid  to  be  put  out  on  Interest :  31.  House 

r-r>       ion  Journal, 

[Read  ^\  pp.  131,  m,  135. 

Fo^efZ  that  the  prayer  of  the  Petition  of  Esther  Herrington_  be  ^^-^g^l^Ji^^  ^g^^ 
so  far  granted  as  that  the  Said  Esther  in  her  Capacity  of  administ^  chap. '10.'' 
be  and  hereby  is  authorized  &  impowered  to  make  Sale  of  the  Dwell- 
ing House  &  Land  therein  mentioned  for  the  most  the  Same  will 
fetch  and  to  make  &  Execute  a  good  Deed  or  Deeds  of  the  Same. 
She  observing  the  direction  of  the  Law  respecting  the  Sale  of  Real 
Estates.  Provided  also  She  Give  Sufficient  Caution  to  the  Judge  of 
Probate  for  the  County  of  Middlesex  that  the  produce  arising  by 
Said  Sale  (after  the  Just  Debts  of  her  Late  Husband  Adino  Her- 

1  Inserted  from  Legislative  Records  of  the  Council,  xx.,  128. 


8i 


Province  Laws  {Resolves, etc.).  — 1753-54.  [Chaps.  191, 192.] 


rington  be  paid  out  of  the  Same)  be  Secured  on  Interest  for  the 
heirs  of  the  Said  Adino  &  the  s*^  Esther  to  receive  only  one 

Third  part  of  the  Interest,  of  the  money  remaining  after  the  Debts 
of  the  S*^. Adino  are  paid  as  afors**  &  the  remainder  to  be  for  the 
heirs  of  the  Said  adino.     \^Passed  December  21. 


Mass. 

Archives, 

cxix.,627. 


House  .Jour- 
nal, p.  135. 
Ante,  p.  25, 
chap.  44. 


CHAPTER    191. 

ORDER  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE  TO  FARM  EXCISE 
FOR  THE  COUNTY  OF  SUFFOLK  AND  ALLOWING  £6.  19. 4  EXPENSES 
THEREOF. 

The  Committee  appointed  to  farm  out  the  Excise  on  Licquer 
&c^  in  the  County  of  Suffolk,  have  Attended  that  Service,  and  Sold 
it  to  the  highest  bidder  M""  Samuel  Adams  of  Boston  for  Two  Thou- 
sand and  Thirteen  Pound  Six  Shillings  and  Eight  Pence  Lawfull 
money  for  One  Year,  which  will  End  the  Ninth  of  July  1754  and 
taken  a  bond  executed  by  Said  Samuel  Adams,  John  '  and  Elisha 
Jones  for  the  Payment  of  the  aforesaid  Sum '  Treasurer  of  the  Prov- 
ince to  whom  wee  have  Delivered  sd '  as  ^  his  receit  herewith,  and 
the  Committee  Pray  Allowan '  the  Account  Hereunder 

Jacob  Wendell  by  order 

Eead  &  accepted  &. 

Ordered  that  the  s^  Com*®®  be  Allowed  &  paid  out  of  the  f)ublick 
Treasury  the  Sum  of  Six  pounds  Nineteen  shillings  &  four  pence 
for  their  Trouble  &  Expences  In  farming  S^  Excise.  {Passed 
December  21. 


CHAPTEE    192. 


ORDER  SETTING  OFF   DIVERS    PERSONS    AND    THEIR   ESTATES    FROM 
STOUGHTON   TO  NORTON. 


Legislative 
Records  of  the 
Council,  XX., 
79.    Mass. 
Archives, 
cxvi.,  439. 

Mass. 
Archives, 
cxvi.,  437-439. 
Legislative 
Records  of  the 
Council,  XX., 
116,129.   House 
Journal,  pp.  71, 
137.    Province 
Laws,  v.,  68, 
note. 


A  Petition  of  Seth  Boyden  &  thirteen  Inhabitants  in  the  South 
Westerly  Part  of  the  second  Parish  in  Stoughton,  setting  forth  the 
Difficulties  they  are  under  for  their  attending  the  publick  Worship 
there,  by  Reason  of  their  Remoteness  from  the  Place  of  Worship, 
Praying  that  they  may  be  set  off  to  the  North  Precinct  in  Norton, 
which  will  be  much  more  Convenient  for  them. 

Read  and 

Ordered  that  the  prayer  of  the  within  Petition  be  Granted  And 
that  the  Petitioners  with  their  Estates  be  And  hereby  are  annexed 
to  the  Second  or  North  precinct  in  the  Town  of  Norton  there  to 
do  duty  &  enjoy  previledge  as  Other  the  Inhabitants  of  s*^  precinct 
by  Law  do  enjoy  always  provided  that  they  pay  their  Just  propor- 
tion to  all  past  Taxes  already  Granted  Or  Assessed  by  the  Second 
parish  in  Stoughton  and  they  are  hereby  Subjected  to  pay  the  Same 
Accordingly.     \^Passed  December  22. 

»  MS.  mutilated. 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1753-54.  85 

CHAPTEK    193. 

ORDER  ADJOURNING  THE  COURTS  OF  YORK  COUNTY. 

Whereas  by  Law  the  Court  of  General  sessions  of  the  peace  and  ^^8^®^^*^^?  ^ 
inferiour  Court  of  Comon  Pleas  for  the  County  of  York  was  to  have  council, xx., 
been  holden  on  the  first  tuesday  of  January,  next,  and  several  con-  Archives*^' 
eerned,  in  said  Courts  are  Members  of  the  General  Court  which  its  xiui.,  82-2.' 
probable  will  be  sitting  at  that  time.  Therefore  House  Jour- 

Ordered^  That  the  said  Courts  of  General  sessions  of  the  peace  province"'  * 
&  Inferiour  Court  of  Comon  pleas  &c  be  and  they  hereby  are  ad-  ^ifa^^'32"''^'*' 
journed  to  the  first  tuesday  of  February  next;  and  all  officers  & 
others  concerned  in  said  Courts  are  to  conform  themselves  Accord- 
ingly:  and  all  processes  and  Other  Matters  and  things  depending  in 
said  Courts,  and  which  are  by  Law  to  be  heard  tried  and  proceeded 
upon  at  said  Term,  shall  be  heard  tryed  &  proceeded  upon  on  the 
first  tuesday  of  February  next,  and  the  Justices  of  said  Courts  are 
hereby  required  to  Conform  themselves  accordingly.  \_Pa8sed  Decem- 
ber 22. 


CHAPTER    194. 

VOTE  ALLOWING  £50  AND  A  FURTHER  SUM  OF   £16  TO  ROB^  BALL. 

A  Petition  of  Eobert  Ball,  Keeper  of  the  Light  House,  shew-  Legislative 
ing  the  great  Difficulties  attending  his  Business,  and  praying  for  councif,  xx*.f ^ 
an  Allowance  of  his  last  Years  Salary,  with  some  reasonable  advance  i^o.  Mass. 
and  also  the  Charges  he  has  been  at  in  providing  for  Fewel  for  keep-  ixv.,8. 
ing  the  Oil  from  Chilling.  Mass. 

T?fiafl   Xt  Archives, 

•*^6^^  ^  Ixv.,  6.    House 

Voted  That  the  Sum  of  Fifty  pounds  be  Allowed  &  paid  out  of  '^^"^^^'•jgg 
the  Publick  Treasury  to  the  pef  Rob  Ball,  for  a  Year  service  end-  ^^'  ""' 
ing  the  19'''  of  Nov  Last  and  the  further  sum  of  Sixteen  pounds  to 
Eeimburse  him  so  Much  he  Advanced  for  Cord  wood  for  the  Light 
House.     [^Passed  December  22. 


CHAPTER    195. 

VOTE    IMPOWERING    THANKFUL    GLESON,   ADM^,   TO   SELL  A  RIGHT  TO 

LAND. 

A  Petition  of  Thankful  Glesson  Administ^  of  the  Estate  of  ^|f^^|j\*^Jf^the 
Ebenezer  Glesson  late  of  Framingham  Dec^  shewing  that  the  said  Council,  xx., 
Ebenezer  died  seized  of  a  Right  of  Land  in  the  Plantation  of  New  Archives^xix., 
Framingham,  that  it  will  be  a  great  Damage  to  his  Estate,  if  it  be  -^ 


not  speedily  sold ;  Therefore,  Praying  that  she  may  be  impowered  '^^^^^[^^^  ^^^ 
by  this  Court  to  sell  the  said  Land:  i9.  House 

"D  „    A    <v  Journal, 

Jteaa  iSj  pp.  iie,  ise. 

Voted  that  the  Pet°  be  so  far  granted  as  that  the  Said  Thankfull  P^^i^jj^  ^^^ 
in  her  S*^  Capacity  be  &  hereby  is  Impowered  to  make  Sale  of  her  chap.'io.' 
late  Husbands  Right  in  the  Lands  therein  Mentioned  for  the  Most 
the  Same  will  fetch  and  to  make  &  Execute  A  Good  Deed  or  Deeds 


8Q 


Province  Laws  {Resolves^  etc.).  — 1753-54.     [ Chap .  196.] 


of  the  Same  She  Observing  the  Directions  of  the  Law  respecting  the 
Sale  of  real  Estates  Provided  Also  the  Pef  give  Caution  to  the  Judge 
of  Probate  for  the  County  of  Middlesex  that  the  proceeds  Arising 
by  S^  Sale  shall  be  Distributed  Among  the  Lawfull  Heirs  Agreeable 
to  Law.     [Fussed  December  22. 


CHAPTER    196. 


ORDER  SETTING  OFF  A  PART  OF  STOUGHTON  WITH  THE  INHABITANTS 
THEREOF  TO  WRENTHAM. 


Legislative 
Records  of  the 
Council,  XX., 
45,  135.    Mass. 
Archives, 
cxTi.,  394. 

House  Jour- 
nal, pp.  26, 72, 
120,  136. 


A  Petition  of  Ezra  Smith  of  Stoughton,  and  Theodore  Man  of 
Wrentham '  for  themselves  &  others,  setting  forth  the  Difficulties 
they  are  under  with  Respect  to  their  Attendance  on  the  publick 
Worship  of  God,  praying  that  the  Petitioners  (whose  Names  are 
subscribed  to  the  Petition)  with  their  Estates,  may  be  set  off  from 
the  Town  of  Stoughton,  and  annexed  to  the  Town  of  Wrentham, 

The  Committee  appointed  on  the  Petition  of  Ezra  Smith  &  others 
of  Stoughton,  prefer'd  to  this  Court  in  May  last.  Praying  to  be 
annexe'd  with  their  Estates  to  the  Town  of  "Wrentham,  together 
with  the  Answers  of  the  Towns  of  Stoughton  &  Wrentham,  having 
fully  heard  the  Parties  thereon  are  of  Opinion  that  the  Prayer  of 
the  Pet°  be  granted,  and  that  all  that  part  of  the  Town  of  Stough- 
ton with  the  Inhabitants  Lying  to  the  South  and  South  west  of  the 
following  Lines  or  Bounds;  viz*^  begining  at  Walpole  Line  between 
the  twenty  first  &  twenty  second  Ranges  of  Land  in  Stoughton,  and 
from  thence  to  run  in  the  Line  dividing  said  Ranges,  Southerly  'till 
it  comes  to  the  South  easterly  side  of  the  Country  Road,  leading  from 
Capt  Billings's  to  the  School  Farm,  or  M""  Hews's;  and  from  thence 
the  South  easterly  Side  of  said  Road  to  be  the  Bounds  untill  it  comes 
to  the  Line  dividing  the  twenty  fourth  and  twenty  Ranges ;  and 

thence  in  said  Line  untill  it  meets  with  the  Bounds  of  the  Town 
of  Norton;  be  and  hereby  are  annexed  to  the  Town  of  Wrentham, 
there  to  do  Duty  and  enjoy  Priviledge,  as  other  the  Inhabitants  of 
Wrentham  do,  Provided  that  the  Inhabitants  aforesaid  pay  their 
Proportion  to  all  Province  Taxes,  Town  and  Parish  Taxes  already 
granted  or  assessed  on  them,  either  by  the  Town  of  Stoughton  on  * 
the  second  Parish  in  Stoughton, 

All  which  is  submitted :  ^  Order  of  the  Com*®® 

John  Hill, 

Read  and 

Ordered  That  this  Report  be  and  hereby  is  accepted ;  and  that 
part  of  the  Town  of  Stoughton  therein-mentioned  (together  with 
the  Inhabitants  thereon)  is  annexed  to  the  Town  of  wrentham 
accordingly.     [Passed  December  22.^ 

*  The  House  Journal,  p.  26,  reads,  '^  Ezra  Smith,  and  Theodore  Man,  of  Stoughton." 
^  Sic,  but  evidently  a  mistake  for  or. 

^  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  Sess.]     Province  Laws  (Hesolves,  etc.),  — 1753-54.  87 


CHAPTEE    197. 

ORDER  IMPOWERING  MOSES  PEARSON,  ESQ«,  TO  BRING    FORWARD    A 
WRIT  OF  REVIEW. 

A  Petition  of  Moses  Pearson  of  Falmouth  in  the  County  of  Legislative 
York,  shewing  that  Judgment  went  against  him  at  the  Superiour  councif,  xx.,  ^ 
Court  for  the  said  County  held  in  June  1752,  in  an  Action  between  AJcMv^es^' 
him  and  John  &  Thomas  Thomas,  which  he  apprehends  was  occa-  xiiu.,  745.' 
sioned  by  one  of  the  Jurymens  being  interested  in  a  Cause  depend-  Mass. 
ing  in  the  same  Court,  the  Original  Foundation  was  the  same  with  ^m^.'vfflTie. 
this,  Therefore  Praying  that  this  Court  would  grant  him  another  Rlfords^of  the 
Trial  of  said  Action,  council,  xx., 

Eead  together  with  y®  answer  of  John  Thomas  and  Thomas  Thomas  joumai^  ifp.  82, 
together  with  the  Papers  accompanying  the  same  and  ^^^'  ^"^'^''• 

Ordered  That  the  Prayer  of  the  Petition  be  so  far  Granted  that 
he  be  and  hereby  is  allowed  to  bring  forward  his  Writ  of  Keview 
of  the  Cause  above  mentioned  at  the  Superiour  Court  of  Judicature 
to  be  holden  at  York  in  and  for  the  County  of  York  on  the  second 
Tuesday  of  June  next  ensuing  the  Date  hereof.  And  the  Justices 
of  the  said  Court  are  hereby  impowered  to  hear  and  try  the  said 
Cause  to  enter  up  Judgment  &  award  Execution  thereon  accord- 
ingly.    [Passed  December  ■26.^ 


CHAPTER    198. 

ORDER  COMMITTING   THE  PETITION  OF  SARAH  PAYNE. 

A  Petition  of  Sarah  Payne  living  on  Province  Land  Westward  ^^^'rl^^f  ^h 
of  Sheffield,  praying  that  this  Court  would  give  Order  that  her  council,  xx.. 
Husband  may  be  bailed  being  imprisoned  in  Albany  Goal  by  Robert  Archi^esTvi., 

Livingstone  jun"'  Esq'  the  Cause  of  his  Imprisonment  relating  to  ^^ 

this  Government.  Mass. 

-r-,       IP  Archives,  vi., 

-tteaa  is,  152.    House 

Ordered  that  this  Petition  be  Committed  to  the  Committee  Upon  p^i^g'^lf'' 
the  second  Paragraph  of  his  Excellencys  Speech  to  Consider  and 
report  thereon.     [Passed  December  26. 


CHAPTER    199. 

ORDER  ALLOWING  £20  TO  JOHN  WHEELWRIGHT,  ESQ«. 

A  Memorial  of  John  Wheelwright  Esq'  setting  forth  his  divers  Legislative 
Services  for  the  Government,  besides  the  Common  Business  of  his  councif,  xx!f * 
Office,  as  Commissary  General,  more  especially  his  providing  Pres-  W3.  Mass. 
ents  for  the  Indians,  and  for  the  Voyages  of  the  Commissioners  in  ixxiv.,  96*. 
their  late  Treaties  with  them ;  for  which  kind  of  Services  he  has  Mass. 
had  no  Consideration  made  for  some  Years  past,  Praying  for  some  j^x^^^^le' 

Allow"^®  for  them  :  House  Jour- 

nal, pp.  110,140. 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  December  21. 


88 


Province  Laws  (Besolves,  etc.).  — 1753-54.  [Chaps.  200,  201.] 


Eeacl  & 

Ordered  that  the  sum  of  Twenty  pounds  be  Allowed  &  jjaid  out 
of  the  Publick  Treasury  to  the  Pef  John  Wheelwright  Esq""  In 
Consideration  of  his  Services  mentioned  In  the  Petition.  \_Passed 
December  27. 


Legislative 
Records  of  the 
Council,  XX., 
133.    Mass. 
Archives, 
Iviii.,  414. 

Mass. 
Archives, 
Iviii.,  414. 
House  Jour- 
nal, pp.  109, 140. 


CHAPTER    200. 

VOTE    IMPOWERING    HAN"    WILLISTON,    GUARDIAN,    TO    SELL    REAL 

ESTATE. 

A  Petition  of  Hannah  Willistone  of  Springfield,  Guardian  of 
her  Son  Noah  Williston  a  Minor,  shewing  that' her  said  Son  being 
very  desirous  of  Education  She  has  consented  to  his  being  educated 
at  Connecticut  Colledge,  where  he  is  admitted;  and  forasmuch  as 
his  Estate  consists  almost  wholly  in  Lands,  praying  that  She  may 
be  impowered  by  this  Court  to  sell  them  for  defreying  his  Charges 
with  the  Produce,  under  such  Restrictions  as  this  Court  shall  think 
fit  to  enjoin. 

[Read  &] 

Voted 

That  the  said  Hannah  in  her  said  Capacity  be  and  hereby  is  im- 
powred  to  make  Sale  of  the  Real  Estate  of  the  said  Noah  and  to 
make  good  »&  sufficient  Deed  or  Deeds  thereof  she  first  giving  pub- 
lick  Notice  of  the  Time  &  Place  of  Sale  and  giving  Bond  to  the 
Judge  of  Probate  &c.  in  the  County  of  Hampshire  to  improve  the 
Proceeds  of  such  Sale  For  the  Use  of  said  Noah  and  to  render  Him 
an  Acco"  thereof  &  to  pay  Him  the  ballance  thereof  when  he  shall 
arive  at  age.     [^Passed  December  27. 


Legislative 
Records  of  the 
Council,  XX., 
131.    Mass. 
Archives,  xix., 
36. 

Mass. 

Archives,  xix., 
3.5.    House 
Journal, 
pp.  139,  142. 


CHAPTER    201. 

ORDER  IMPOWERING  JAIRUS  BYSBEE  TO  SELL  LAND  AND  MAKING  PRO- 
VISION  IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Jairus  Bysbee  and  Susannah  his  Wife  shewing 
that  they  are  desirous  to  sell  a  Lot  of  Land  in  Duxbury  belonging 
to  the  said  Susannah  for  purchasing  Lands  much  more  commodious ; 
but  for  as  much  as  the  said  Susannah  is  under  Age,  praying  that  this 
Court  would  enable  her  to  sell  the  same. 

[Read  &] 

Ordered  that  the  prayer  of  the  Petition  be  so  far  granted  as  that 
the  Said  Jairus,  be  &  hereby  is  impowered  to  make  Sale  of  the  ninty 
ninth  Lot  of  Land  in  said  Petition  mentioned  for  the  most  the  Same 
will  fetch  &  to  make  &  Execute  a  good  Deed  or  Deeds  of  the  Same, 
first  giving  Seasonable  notice  of  the  Time  &  place  of  Sale,  and  also 
giving  Caution  to  the  Judge  of  Probate  for  the  County  of  Plimouth 
that  the  produce  arising  by  Said  Sale  Shall  be  applyed  towards  pur- 
chasing part  of  the  Homestead  of  Isaac  Wadsworth  Dec*^  as  men- 
tioned in  Said  Petition,  which  Deed  or  deeds  So  given  by  the  Said 
Jairus  of  the  Said  ninty  ninth  Lot  of  Land,  shall  be  Deemed  good 
&  Valid  to  all  intents  &  purposes,  as  tho  given  by  the  Said  Jairus 
&  Susannah,  after  the  Said  Susannah's  arrival  to  the  age  of  Twenty 
one  years.     \_Passed  December  28. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  89 


CHAPTEE    202. 

VOTE   CONFIRMING   A    PLAN    OF    LAND    GRANTED    TO    THE    PROPRIET^^ 
OF   GORHAM  TOWN. 

A  Petition  of  Jabez  Fox  Esq''  and  others  a  Committee  of  the  Legislative 
Proprietors  of  the  Narraganset  Township  Xumber  seven,  shewing  councff,  xl!!"^ 
that  by  Eeason  .of  some  "Obscurity  and  uncertainty  in  the  former  ^l^-^^lH^-  ' 
Plan  of  the  said  Township,  they  have  taken  a  more  accurate  one  cxvi.,  515'. 
by  a  sworn  Surveyor  and  Chain-men  on  Oath,  herewith  exhibited,  Mass. 
praying  that  it  may  be  accepted  and  confirmed  by  this  Court,  as  ^x^Llal', 516. 
the  Plan  of  said  Township  N°  7.  or  Gorham  Town,  as  it  is  usually  House  Jour- 

called,  14-.>.'    Province 

TD^^/i  „,, .^n  Laws,  xi.,  769, 

[Read  andj  chap.  154. 

Voted  That  the  Plan  of  the  S^  Goreham  Town  taken  by  John 
Small  and  Exhibitted  to  this  Court  with  the  Pet°  is  Agreeable  to 
the  True  Intent  &  Design  of  the  Original  Grant  made  to  Said  Pro- 
prietors &  that  it  be  Accepted  &  Confirmed  Accordingly  Xotwith- 
standing  Any  Different  Courses  Described  in  a  former  plan  provided 
the  Land  Delineated  in  this  Plan  doth  not  Interfere  with  Any  former 
Grant  nor  Exceed  the  Quantity  of  the  first  Grant  And  Whereas  the 
Agents  of  S'^  Proprietors  have  Agree'd  in  Consideration  of  the  House 
&  Mills  built  by  Nathan^  Sparhawk  Esq'  And  the  Other  Charges  he 
Hath  been  at  in  Making  Improvements  in  S*^  Township  that  the  S*^ 
Sparhawk  or  his  Assigns  be  Quieted  in  the  Possession  of  About  One 
Hundred  &  forty  Acres  of  Land  he  bought  of  Solomon  Bragdon  And  . 
that  S*^  Sparhawk  or  his  assigns  have  the  S*^  Lands  Confirmed  to  him 
or  them  with  the  Appurtenances  to  the  Same  belonging.  {Passed 
December  28. 


CHAPTEE    203. 

ORDER  ALLOWING   £750  TO   THE   JUDGES. 


Ordered  that  the  sum  of  seven  hundred  &  fifty  pounds  be  allowed  R|fords"of the 
&  paid  out  of  the  Publick  Treasury  to  the  Honourable  the  Justices  council,  xx., 
of  his  Majestys  Superiour  Court  of  judicature  Court  of  Assize  &  Archives?' 

General  Goal  Delivery  for  their  Service  for  one  Year  Ending  the  ^^"^-  -^-^- 

first  of  January  next.     [Passed  December  29.  naT^iio'''' 


CHAPTEE    204. 


ORDER  ALLOWING   £50  TO   THE   SECRETARY.  Legislative 

Records  of  the 
Council,  XX., 

Ordered  that  the  Sum  of  fifty  pounds  be  granted  and  allowed  to  ^^^^^Mass. 
be  paid  out  of  the  publick  Treasury  to  Josiah  Willard  Esq'_  Secre-  xUx.,377.' 
tary  of  this  province  in  full  for  his  Service  for  one  Year  ending  the  House  Jour- 
third  day  of  December  Current.     {Passed  December  29.  ^^^i'  v-  no- 


90 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  205-208.] 


CHAPTEK    205. 


Legislative 
Records  of  the 
Council,  XX., 
136.    Mass. 
Archives, 
xlix.,  388. 

House  Jour- 
nal, p.  140. 


ORDER  ALLOWING  £92  ADDITi-  TO  THE   SECRETARY. 

Ordered,  That  the  Sum  of  Ninety  two  pounds  be  granted  and 
allowed  to  be  paid  out  of  the  publick  Treasury  to  Josiah  Willard 
Esq'  Secretary  &c  in  Consideration  of  his  Extreordinary  Services 
to  the  third  day  of  December  Current.     \_Passed  December  29. 


CHAPTER    206. 


Legislative 
Records  of  the 
Council,  XX., 
136.    Mass. 
Archives, 
xliii.,  825. 

House  Jour- 
nal, p.  142. 


ORDER  ALLOWING   £40  TO  THE   CHIEF  JUSTICE. 

Ordered  that  the  sum  of  Forty  pounds  be  granted  &  paid  out 
of  the  Publick  Treasury  to  the  Honourable  Stephen  Sewall  Esq"^ 
In  Consideration  of  his  faithfull  Discharge  of  the  Important  Trust 
Eepossed  in  him  as  Cheif  Justice  &  for  his  further  Encouragement 
therein.     {^Passed  December  29. 


CHAPTER    207. 


Legislative 
Records  of  the 
Council,  XX., 
136.    Mass. 
Archives, 
Iviii.,  395. 

House  Jour- 
nal, p.  140. 


ORDER  ALLOWING   £230  TO  THE  PRESIDENT  OF  HARVARD   COLLEGE. 

Ordered  that  the  sum  of  two  hundred  &  thirty  pounds  be  Granted 
&  Allowed  to  be  paid  out  of  the  Publick  Treasury  To  the  Eeverend 
M'  Edw*^  Holyoke  President  of  Harvard  Colledge  over  &  above  the 
Eents  of  the  Massachusetts  Hall  for  one  Year  Ending  the  Tenth 
day  of  Septem''  next  to  be  paid  Quarterly.     \_Passed  December  29. 


CHAPTER    208. 


ORDER  ALLOWING  £90  TO  D^*  WIGGLESWORTH. 


Legislative 
Records  of  the 
Council,  XX., 
136.    Mass. 
Archives, 
Iviii.,  396. 

House  Jour- 
nal, p.  141. 


Ordered  that  There  be  Granted  &  Allowed  to  be  paid  out  of  the 
Publick  Treasury  to  the  Eeverend  D""  Edward  Wigglesworth  Hollis- 
san  Professor  of  Divinity  at  Harvard  College  in  Cambridge  the  Sum 
of  Ninety  pounds  as  a  Gratuity  in  Consideration  of  his  faithfull  Dis- 
charge of  that  Great  &  important  Trust  Eepossed  in  him  &  for  his 
further  Encouragment  therein.     \^Passed  December  29. 


[3d  Sess.]     Province  Laws  (Besolves,  etc.).  — 1753-54.  91 

CHAPTEK    209. 

ORDER  ALLOWING  £70  TO  JN*^  WINTHROP,  ESQ«. 

Ordered,  That  there  be  granted  and  allowed  to  be  paid  out  of  ^^^'^^^3^^**1, 
the  publick  Treasury  to  John  Winthrop  Esq""  Hollission  Professer  Council,  xx., 
of  Mathamaticks  at  Harvard  Colledge  in  Cambridge  the  Sum  of  Archives?' 
Seventy  pounds  as  a  Gratuity  in  Consideration  of  his  faithfull  dis-  iviii-,  395. 
charge  of  that  Trust  reposed  in  him  &  for  his  further  Encourage-  House  Jour, 
ment  therein.     [Passed  December  29.  '  ^' 


CHAPTER    210. 

V 

ORDER  ALLOWING   £93.  6.  8  TO  M"  TREASURER  GRAY. 

Ordered.  That  the  Sum  of  Ninety  three  pounds  Six  shillings  and  i®K^^^?""^.^,v, 

•    1,  T       r-i         ,1         in  1  (.1  TTim  Records  of  the 

eight  pence  be  (rranted  and  allowed  out  01  the  jDublick  Treasury  to  council,  xx., 
Harrison  Gray  Esq""  Treasurer  and  Receiver  General  of  his  Majestys  Archives?' 
Revenues  of  this  province  for  half  a  Years  Service  Commencing  at  ^"^^  ^'^''- 
the  time  he  qualified  himself  for  said  office.    [Passed  December  29.  House  Jour. 


CHAPTER    211. 

ORDER  ALLOWING   £150  TO  THE   COMMISSI  GENERAL. 

Ordered  that  there  be  granted  &  allowed  to  be  paid  out  of  the  Legislative 
publick  Treasury  the  Sum  of  One  hundred  and  fifty  Pounds  to  councn'xx!?® 

John  Wheelwright  Esq''  Commissary  General  for  his  Service   in  HL 

that  Office  one  Year.     [Passed  December  29.  House  Jour- 

*-  nal,  p.  142. 


CHAPTER    212. 


ORDER  ALLOWING   £12  TO  THE   CHAPLAINS. 


In  the  house  of  Reprev^'  Refords'Jf  the 

Ordered  That  there  be  allowed  and  paid  out  of  the  publick  Treas-  Council,  xx., 
ury  the  sum  of  twelve  pounds  One  half  to  the  Reverend  Chaplain  Archi'veY.^xiii., 

of  the  Honb^®  Board  the  present  Year,  the  Other  half  to  the  Rev*^  ^ 

Samuel  Cooper  Chaplain  of  this  house  for  their  respective  Services  ^^^j^^f  ffj^* 
the  present  Year. 

In  Council  Read  &  Concur'd.     [Passed  December  29. 


92 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  213-217.] 


CHAPTEE    213. 


ORDER  ALLOWING  £40  TO  LIEU^  JN^  LARRABEE. 


Legislative 
Records  of  the 
Council,  XX., 
137. 

House  Jour- 
nal, p.  142. 


Ordered  that  there  be  allowed  &  paid  out  of  the  publick  Treasury 
the  Sum  of  Forty  Pounds  to  John  Larrabee,  Lieuten*^  of  his  Maj- 
esty's Castle  William,  in  Consideration  of  his  faithful  Discharge 
of  the  Trust  reposed  in  him.     [^Passed  December  29. 


CHAPTEK    214. 


Legislative 
Records  of  the 
Council,  XX., 
137.    Mass. 
Archives,  xiii., 
487. 

House  Jour- 
nal, p.  141. 


ORDER  ALLOWING   £40  TO   M"  JOHN  PHILLIPS. 

Ordered  that  there  be  granted  &  Allowed  to  be  paid  out  of  the 
Publick  Treasury  to  M'  John  Phillips  Chaplin  of  his  Majestys  Castle 
William  the  sum  of  forty  pounds  as  a  Gratuity  for  his  Service  in  that 
trust  for  the  Year  Past.      ^Passed  December  29. 


CHAPTEE    215. 


ORDER  ALLOWING   £20   TO   R.   JUDAH  MONIS. 


Legislative 
Records  of  the 
Council,  XX., 
137.    Mass. 
Archives, 
Iviii.,  396. 

House  Jour- 
nal, p.  141. 


Ordered  that  there  be  Granted  &  Allowed  to  be  paid  out  of  the 
Publick  Treasury  to  R.  Judah  Monis  Hebrew  Professor  at  Harvard 
Colledge  the  Sura  of  Twenty  pounds  as  a  Gratuity  in  Consideration 
of  his  faithfull  Discharge  of  that  Trust  Repossed  infrim '  &  for  his 
Further  Encouragment  therein.     [^Passed  December  29. 


CHAPTEE    216. 


ORDER  ALLOWING   £70   TO  THE   CLERKS   OF  THE  HOUSE. 


Legislative 
Records  of  the 
Council,  XX., 
137.    Mass. 
Archives, 
xlix.,  374. 

House  Jour- 
nal, p.  141. 


In  the  House  of  Reprev^^ 

Ordered,  That  there  be  granted  and  to  be  paid  out  of  the  publick 
Treasury  to  the  Several  Clerks  of  this  house  the  sum  of  Seventy 
pounds  for  their  Service  in  proportion  to  the  time  they  serve  in 
that  Trust  for  the  present  Year  as  this  Court  Shall  hereafter  Order. 

In.  Council  Read  &  Concur'd.     [Passed  December  29. 


CHAPTEE    217. 


Legislative 
Records  of  the 
Council,  XX., 
137.    Mass. 
Archives, 
xlix.,  376. 

House  Jovir- 
nal,  p.  142. 


ORDER  ALLOWING   £80  TO  ^Y^  BAKER,  DOORKEEPER. 

Ordered  That  there  be  Allowed  &  paid  out  of  the  Publick  Treas- 
ury the  Sum  of  Eighty  pounds  To  M'  William  Baker  Door  keepper 
to  his  Excellency  the  Governour  &  this  Court  in  full  for  his  Service 
for  one  Year  to  be  paid  Quarterly.     [Passed  December  29. 

*  Sic,  for  "in  him."     See  Legislative  Records  of  the  Council,  xx.,  137. 


[3d  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1753-54.  93 


CHAPTER    218. 

ORDER  ALLOWING   1/4  PER  DIEM  TO  THE   SPEAKER, 

Ordered  that  there  be  granted  &  allowed  to  be  paid  out  of  the  Legislative 
publick  Treasury  the  Sum  of  one  shilling  and  fourpence  ^  Diem  councii^.xx!'^" 
to  the  Hon*^'^  Thomas  Hubbard  Esq""  Speaker  of  the  House  for  every  i3s.  Mass. 
Day  of  his  attendance  in  the  General  Court  from  the  Opening  of  xiix.,375.' 
the  Sessions  on  the  SO^'^  of  May  1753  over  and  above  his  pay  as  a  House  Jour. 
Member  of  the  House.     {Passed  December  29.^  nai,  p.  hi. 


CHAPTER    219. 

ORDER  IN  REGARD  TO  BOUNDARY  LINE  OF  NARRAGANSET  TOWNSHIP 

N«  ONE. 

A  Petition  of  the  Proprietors  of  the  Narraganset  Township  Legislative 
Number  One,  shewing  that  there  is  a  Dispute  between  them,  and  councif,  xx*^.^^ 
the  Proprietors  of  the  Narraganset  Township  Number  seven,  com-  ^rci/^es^'^' 
monly  call'd  Gorham  Town,  about  their  Bounds;  Praying  that  a  cxvi., 513' 
Committee  may  be  appointed  by  this  Court  to  determine  &  settle  Mass. 
the  same,  i'vl!!!!-!: 

[Read  and]  mT^K'^ihs^i' 

Ordered  that  Richard  Hazzen  Esq""  Run  the  Dividing  Line  between  144.'  ^Province 
the  Said  Township  N°  1  and  the  Naraganset  Town  ship  N°  7  with  ^hapfvE" '^''' 
Chain  men  On  Oath  at  the  Charge  of  the  Pef^  and  make  return 
of  his  doings  therein  into  the  secretarys  Office  as  Soon  as  may  be. 
\^Passed  December  31. 


CHAPTER    220. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  FOR 
THE  COUNTY  OF  PLYMOUTH  AND  ALLOWING  £3. 10  FOR  THE  EXPENSE 
THEREOF. 

The  Committe  Appointed  by  The  Hon"^  the  General  Court  at  Legislative 
their  Last  Sessions  to  Farm  Out  the  Excise  for  the  County  of  Plym-  council^  xx*.,^ 
outh  haveing  Given  the  Notice  in  the  act  requiered  Met  at  the  House  ^rcjii^ves^' 
of  M""  Consider  Howland  in  Plymouth  and  at  Publick  Vendue  Dis-  cxix.,  628'. 
posed  of  the  Same  To  Theophilus  Cotton  Gen*'  (being  the  Highest  House  Jour- 
Bider)  for  Two  Hundred  &  Four  Pounds  and  Delivered  the  Bond  ^^^p^'^lj, 
to  the  Province  Treasurer  chap.  49. 

Jn''  Cushing  ^  order 

Read  &  Accepted  &  thereupon 

Ordered  that  the  Sum  of  three  pounds.  Ten  Shillings  be  paid  out 
of  the  publick  Treasury  to  the  Com*®®  in  full  for  their  Time  &  Ex- 
pences  in  said  Sale.     \^Passed  December  31. 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  December  31. 


94 


Province  \jA\fS  {Resolves, etc.).  — 1753-54.  [Chaps.  221,  222.] 


CHAPTER    221. 


ORDER  ERECTING  THE   CAPE   LANDS  IN  GLOCESTER  INTO  A  SEPARATE 

PARISH. 


Legislative 
Kecords  of  the 
Council,  XX., 
loti,  139. 

Mass. 

Archives,  xiii., 
458.    House 
Journal, 
pp.  108,  148. 


A  Petition  of  that  part  of  the  Town  of  Glocester,  called  the 
Caj)e,  setting  forth  that  the  said  Town  in  a  Legal  Town  Meeting 
Voted  to  set  them  o3  as  a  Precinct  with  their  Estates ;  lying  North- 
erly of  a  Line  running  from  Bever  Dam  to  the  Cape  Hedge,  but  by 
Mistake,  (as  the  Petitioners  suppose)  did  not  close  said  Line  Xorth 
of  the  said  Dam;  Therefore  Praying  that  the  said  Line  may,  by  the 
Order  of  this  Court,  be  extended  on  a  North  Course  from  Bever  Dam 
to  Squam  Line,  and  that  all  the  Polls  »&  Estates  lying  within  said 
Line  northerly  and  North  Easterly  thereof  to  Squam  Parish  may  be 
made  a  seperate  Precinct. 

Eead  and  no  Answer  being  given. 

Ordered  that  the  Prayer  of  the  Petition  be  granted,  and  that  the 
Parish  Vote  in  March  last  be  and  hereby  is  confirmed ;  and  that  the 
Line  mentioned  in  [the] '  Petition  be  extended  on  a  North  Course 
from  Bever  Dam  to  Squam  Line ;  and  that  all  the  Polls  and  Estates 
lying  within  said  Line  Northerly  &  North  easterly  thereof  to  Squam 
Parish,  be  made  a  distinct  and  seperate  Precinct,  that  they  do  Duty 
&  receive  Priviledge  as  other  Precincts  within  this  Province  do  or 
by  Law  ought  to  enjoy.     \^Passed  January  1. 


CHAPTER    222. 


ORDER  APPOINTING   A  COMMITTEE   FOR    SELLING   PROV*^^    LAND    NEAR 

SPRINGFIELD. 


Legislative 
Records  of  the 
Council,  XX., 
139.    Mass. 
Archives, 
xlvi.,  330. 

House  Jour- 
nal, pp.  146, 147. 
Province 
Laws,  xl.,  715, 
chap.  8;  xiii., 
252,  chap.  34. 


In  the  House  of  Representatives 

Whereas  It  has  been  represented  to  this  Court  that  a  Tract  of 
Land  containing  about  Two  Hund*^  Acres  Lying  in  the  County  of 
Hampshire  &  bounding  North  on  the  Township  of  Springfield  & 
East  on  y*^  Township  of  Brimfield  West  on  Land  that  was  granf* 
to  Eben''  Jones  of  Endfield  &  South  on  Land  that  was  granted  to 
Cap*^  Tho^  Colton  of  Springfield,  now  belongs  to  the  Province  which 
will  probably  be  Useless  to  this  Province  unless  the  same  be  sold 

Therefore 

Order  That  Oliver  Partridge  &  John  Worthington  Esq"  with 
such  as  y®  Hon'^^  board  shall  Join  be  a  Com*®®  in  the  Behalf  of  the 
Province  fully  impowred  to  make  sale  of  said  Tract  of  Land  at  pub- 
lick  Vendue  to  the  Highest  Bidder  or  Other  ways  and  to  Execute 
a  good  &  sufficient  Deed  thereof  to  the  Person  who  shall  purchase 
the  same. 

In  Council  Read  &  Concur'd  and  Eleazer  Porter  Esq""  is  Joined 
in  the  Affair.     {Passed  January  1. 

'  Inserted  from  the  State  Library  copy,  Legislative  Records  of  the  Council,  xx.,  135. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  95 


CHAPTER    223. 

VOTE  DIRECTING  WM  BOLLAN,  AG^,  TO  ASSIST  M^  TIM^  WALKER    IN 
HIS  PETITION  TO  THE  KING. 

A  Petition  of  M'  Timothy  Walker,  shewing  his  great  Thankful-  ]^®^'^d"^f  ti 
ness  for  the  kindness  of  this  Court  in  assisting  him  in  his  Design  councn.xx., 
of  addressing  his  Majesty  that  the  People  in  Rnmford  may  be  quieted  Archiv^es^xxi., 

in  their  Possessions,  and  further  praying  that  this  Court  would  give  '^ 

Directions  to  M'  Agent  Bollan,  to  give  him  his  Advice  and  Assist-  House  Jour- 

.-P  •  ^     KC¥    •  ^  Dal,  pp.  145,  us. 

ance  m  pursuing  the  said  Aiiair.  Ante,  p.  45, 

Read  &  ch^^.^^. 

Voted  that  the  Secretary  be  directed  to  Write  to  William  Bollan 
Esq''  Agent  for  the  province  to  Aid  &  Advise  the  S*^  M'  Walker 
in  his  Address  to  his  Majesty  as  Requested  in  the  pet''.  \^Passed 
January  1. 


CHAPTER    224. 

ORDER  ALLOWING   £144  TO   SIR  W^  PEPPERELL. 

A  Petition  of  Sir  William  Pepperell  Bar*^  late  General  of  the  Legislative 
Forces  employed  in  the  Expedition  against  Cape  Breton,  setting  coSncif  xx.*^"^^ 
forth  his  Services,  Expences  &  Damages  in  his  Business,  by  means  i4'-.  mAss.  ' 
of  his  said  Services,  for  which  he  has  not  yet  received  any  Pay  from  ixxiv-Iisa. 
this  Province;  Praying  that  this  Court  would  make  him  a  suitable  Mass. 
Allowance  for  the  same :  itxiv.'^ili. 

Read  &  House  Jour- 

Ordered  that  there  be  Allowed  &  paid  out  of  the  Publick  Treas-  laU'/uViM. 
ury  to  the  Pef  S'  William  Pepperrell  Bart  the  Sum  of  One  Hun- 
dred &  forty  four  pounds  In  full  for  his  Pay  &  Services  at  Cape 
Breton.     {^Passed  January  3. 


CHAPTER    225. 

VOTE    IMPOWERING    JOSHUA  WINSLOW,  ESQ^',  TO    ACT    AS    TREASURER 
FOR  THE   COUNTY  OF  SUFFOLK. 

A  Petition  of  Joshua  Winslow  Esq""  eldest  Son  of  Edward  Wins-  Legislative 
low  Esq'  late  of  Boston  dec-^  and  Executor  of  his  last  Will  &  Testa-  ^^ZMX^T 
ment,  shewing  that  his  said  Father  died  in  the  Office  of  Treasurer  u-2.  Mass.  ' 
of  the  County  of  Suffolk,  and  for  as  much  as  the  Petitioner  would  52. 
be  able  with  more  Facility  to  adjust  his  Fathers  Accompts  in  that  Mass. 
Office,  if  it  were  put  into  his  Hands  untill  the  next  annual  Choice,  ^y^'^Hmf^e^^"'^'' 
Praying  that  this  Court  would  enable  him  to  act  therein  accordingly  Journal, 
till  the  Expiration  of  the  Year :  "  pp.     ,  0 ,     . 

[Read  &] 

Voted  that  the  Prayer  of  the  Petition  of  Joshua  Winslow  Esq'  be 
so  far  Granted  as  that  the  Petitioner  be  and  hereby  is  authorized  and 
Impowered  to  act  as  County  Treasurer  for  the  County  of  Suffolk  for 
the  Remaining  part  of  this  Present  Year  So  that  he  may  Perfect  the 
Business  which  his  Deceased  Farther  Left  In  compleat  at  the  time 


96 


Province  Laws  {Resolves,  e^c). —  1753-54.  [Chaps.  226-228.] 


of  his  Decease  as  mentioned  In  said  Petition.  And  that  the  Eespec- 
tive  Sums  which  he  Shall  Eeceive  from  the  Respective  Constables, 
In  Consequence  of  this  order  he  to  account  for  the  Same  as  other 
County  Treasurers  are  Obliged  to  do  agreeable  to  the  Laws  of  this 
Province.      \^Passed  January  3. 


CHAPTEK    226. 


ORDER   GRANTING   TO   JOSHUA  DAVIS   LICENCE   TO   KEEP  AN   INN. 


Legislative 
Records  of  the 
Council,  XX., 
143.    Mass. 
Archives,  cxi., 
284. 

Mass. 

Archives,  cxi., 
'283.    House 
Journal,  p.  152. 


A  Petition  of  Joshua  Davis  late  of  Roxbury,  shewing  that  he 
has  taken  a  Lease  of  a  House  in  Brooklyne  belonging  to  John  Ellis, 
which  has  been  improved  as  a  Tavern  for  more  than  twenty  Years 
past;  Praying  that  the  Court  of  General  Sessions  of  the  Peace  for 
the  County  of  Suffolk  may  be  impowered  at  their  present  Session 
to  grant  him  a  Licence. 

Read  & 

Ordered  that  the  prayer  of  the  Petition  be  so  far  granted  that  the 
Justices  of  the  Court  of  General  sessions  of  the  peace  for  the  County 
of  Suffolk  Now  Sitting  be  &  hereby  are  Impowered  if  they  think  fit 
to  Grant  A  Licence  to  the  Pef  Joshua  Davis  to  keep  a  house  of  Pub- 
lick  Entertainment  In  Brookline  he  first  Obtaining  the  Approbation 
of  the  Selectmen  of  Said  Town  The  time  for  Granting  of  Licences 
being  Elapsed  Notwithstanding.     [Passed  January  3. 


Legislative 
Records  of  the 
Council,  XX., 
143.    Mass. 
Archives, 
cxvi.,  557. 

House  Jour- 
nal, p.  152. 


CHAPTER    227. 

VOTE  DIRECTING  ASSESSMENT  IN  NORTH  WEST  DISTRICT  IN  RUTLAND. 

Voted  that  the  assessors  of  the  Northwest  District  of  the  Town 
of  Rutland  Assess  the  Inhabitants  of  s''  District  the  Sum  of  four 
pounds  being  their  proportion  of  the  Sum  assessed  on  S'^  Town  of 
Rutland  the  Last  year  for  the  pay  of  the  Representative,  and  that 
the  Constable  to  whom  Said  Assessment  Shall  be  Committed  pay 
the  Same  in  to  the  Town  Treasury  of  said  Town  of  Rutland  for  the 
use  of  S'^'  Town,  and  that  for  the  future  the  Said  District  be  assessed 
their  Due  proportion  towards  paying  a  Representative  the  Same  to 
be  proportioned  agreeable  to  the  Province  Tax  from  Time  to  Time. 
[Passed  January  3. 


CHAPTER    228. 

ORDER  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE  FOR  PUTTING 
THE  PROV^E  INTO  A  POSTURE  OF  DEFENCE  AND  ALLOWING  £700 
THEREFOR. 


Legislative 
Records  of  the 
Council,  XX., 
144.    Mass. 
Archives, 
Ixxiv.,  15fi. 

Mass. 
Archives, 


The  Committee  on  that  part  of  His  Excellency's  Speech,  relat- 
ing to  the  putting  the  several  Forts  and  Garrisons  throughout  this 
Province  into  a  proper  Posture  of  Defence,  as  also  His  Excellency's 
Message  of  the  13*''  of  December  have  attended  that  Service,  and 
beg  Leave  to  report. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  97 

That  the  Walls  of  the  Truck  House  at  S^  Georges  Eiver  be  forth-  Le^'uiatwe 
with  repaired  and  Shingled  or  Clap-boarded  on  the  Out  &  Inside  as  Records  of  the 
shall  be  tho't  best.  i(w"iS,'m.'' 

That  there  be  ten  Cannon  in  this  Fort;  viz*^  Two  Nine  Pounders  ^aT^^'wi^isi 
to  be  taken  from  Fort  Frederick.         Two  Six  Pounders  to  be  taken  155.' 
from  Castle  William  which  belonged  to  the  Province  Ship,  &  Six 
Four  Pounders  to  be  purchased  by  the  Province;  Two  good  Cohorns 
and  fifty  small  Arms,  with  a  sufficient  Number  of  Shot,  Shells,  & 
Stores  for  both  the  Cannon  and  small  Arms ; 

That  the  Platform  be  secured  and  all  necessary  Repairs  be  made 
at  Fort  Frederick ;  and  as  soon  as  the  Weather  will  permit  that  the 
Walls  be  new  pointed :  That  there  be  two  good  Cohorns  and 

forty  small  Arms  with  suitable  Stores  at  this  Fort,  There  are  a 

sufficient  Number  of  Cannon  Shot,  &  Shells  there  already :  That 
Richmond  Fort  be  repaired,  shingled  or  clap  boarded  as  soon  as  may; 
that  there  be  Six  Cannon  at  this  Fort,  viz*^  Six  four  Pounders,  two 
Cohorns,  Forty  good  Small  Arms,  and  all  Stores  necessary  for  the 
Cannon,  &  Small  Arms :  That  the  Block  House  on  Saco  River 

be  repaired  &  supplied  with  some  few  Articles  that  are  wanting 
there:  That  there  be  two  good  Cohorns  with  a  sufficient  Num- 

ber of  Shot  &  Shells  to  every  Fort  &  Block  House  in  the  Govern- 
ment: That  a  sufficient  Number  of  Wheels  of  Cast  Iron  be 
procured  for  the  Cannon  at  the  several  Garrisons  of  the  Province, 
as  also  to  supply  those  at  Castlo  William,  which  have  now  Wheels 
of  AVood,  as  there  may  be  Occasion  for  them. 

The  Committee  further  report.  That  in  Order  to  procure  those 
Cannon  &c^,  they  found  a  considerable  Number  of  Old  Guns  at  S' 
Georges,  Richmund  &  Castle  AVilliam  as  also  a  considerable  Num- 
ber of  Small  Arms  in  the  Commissaries  Store,  &  in  several  Forts 
and  Garrisons  which  are  not  good,  but  may  undoubtedly  be  dis- 
posed of  for  a  considerable  Sum :  Which  with  a  Grant  of  Six  hun- 
dred or  Seven  hundred  Pounds  Lawfull  Money  they  apprehend  will 
be  sufficient  to  compleat  the  several  Articles  in  this  Report. 

But  in  as  much  as  the  French  are  daily  making  Encroachments 
on  our  Territories,  they  apprehend  these  Repairs  &c^  will  not  be 
sufficient  for  the  Defence  &  Preservation  of  the  Province  unless 
something  further  be  done  by  his  Majesty,  or  the  Colonies  be  obliged 
to  act  conjunctly  in  this  Affair:  The  Committee  have  prepared  a 
more  particular  Answer  to  his  Excellency's  Speech  &  Message,  by 
way  of  Message,  which  they  herewith  beg  Leave  to  offer;  and  is 
humbly  submitted. 

By  WiLL^  Pepperell  by  Order  of  the  Com""^ 

Read  Accepted  & 

Ordered  that  the  Sum  of  Seven  Hundred  pounds  be  paid  out  of 
the  Publick  Treasury  Unto  John  Wheelwright  Esq''  Commissary 
General  to  be  by  him  Employed  for  purchasing  The  Guns  &c  And 
Making  the  Repairs  of  the  Forts  &  Garrisons  as  Mentioned  in  this 
Report  &  that  the  Coinissary  be  directed  to  dispose  of  the  Old  Canon 
&  small  arms  in  the  Several  Garrisons  &  in  his  Store  the  proceeds 
to  be  Employed  towards  S^  Repairs.     \_Passed  January  4. 


98 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  229-231.] 


CHAPTEE    229. 


Legislative 
Records  of  the 
Council,  XX., 
147.    Mass. 
Archives,  xix., 
71^ 

Mass. 

Archives,  xix., 
68.    House 
Journal, 
pp.  147,  155. 
Province 
Laws,  ii.,  151, 
chap.  10. 


ORDER  IMPOWERING  SUSAN"  SHEPARD,  ADM^,  TO   SELL  LAND. 

A  Petition  of  Susannah  Sheppherd  Administratrix  of  the  Estate 
of  her  late  Husband,  Thomas  Shepherd  of  Boston  dec*^,  and  Guar- 
dian of  his  Children,  (except  one)  who  are  all  Minors,  shewing  that 
his  Estate  is  altogether  insufl&cient  for  the  Maintenance  &  Educa- 
tion of  the  said  Children  without  selling  the  Seal  Estate,  &  pray- 
ing for  Liberty  to  sell  it  accordingly. 

Eead  & 

Ordered  that  the  prayer  of  the  pet°  be  so  far  Granted  that  the 
Petitioner  in  her  Capacity  be  Enabled  &  Impowered  to  make  Sale 
of  the  Lands  Mentioned  in  the  Petition  first  giving  jDublick  Notice 
thereof  And  to  make  &  Execute  a  Good  Deed  or  Deeds  of  the  Same 
in  the  Law  She  giving  Caution  to  the  Judge  of  Probate  for  the  County 
of  Suffolk  to  Apply  the  proceeds  of  S*^  Sale  of  the  S*^  Lands  for  the 
Suj)port  &  Education  of  the  Children  of  her  late  Husband  Tho^ 
Shepard  Dec*^  And  the  Surplusage  if  Any  there  be  Shall  be  Divided 
to  &  Among  the  Children  &  Heirs  of  the  S*^  Thomas  when  they 
Come  of  Age.     \_Passed  January  4. 


CHAPTER    230. 


VOTE  ALLOWING  £3.  11.  10  TO  JN^  ROBINSON. 


Legislative 
Records  of  the 
Council,  XX., 
149.    Mass. 
Archives, 
xxxii.,  434. 

Mass. 
Archives, 
xxxii.,  433. 
House  Jour- 
nal, pp.  124, 157. 


A  Petition  of  John  Eobinson  of  Dorchester,  praying  for  an 
Allowance  out  of  the  publick  Treasury,  of  his  Charges  expended 
on  the  Sickness  &  Funeral  of  a  poor  Indian  not  an  Inhabitant  of 
any  Town  in  the  Province : 

Read  & 

Voted  that  the  prayer  of  the  Petition  be  so  far  Granted  that  the 
pef  be  Allowed  out  of  the  Publick  Treasury  the  Sum  of  Three 
pounds  Eleven  shillings  &  Ten  pence  in  full  Discharge  of  his 
Acco'.     \_Passed  January  5.'^ 


CHAPTER    231. 


ORDER  ADJOURN^  THE  COURTS  OF  BARNSTABLE  COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
149.    Mass. 
Archives, 
xliii.,  835. 

House  Jour- 
nal, p.  159. 
Province 
Laws,  iii.,  64, 
chap.  32. 


Whereas  by  Law  the  Court  of  General  Sessions  of  the  peace  & 
Inf  Court  of  Coinon  pleas  for  the  County  of  Barnstable  Avas  to 
have  been  holden  on  the  Third  Tuesday  of  January  instant  and 
many  Concerned  in  said  Courts,  are  members  of  the  General  Court, 
which  its  probable  will  be  Sitting  at  that  Time  Therefore 

Ordered 

That  the  Said  Courts  of  General  Sessions  of  the  peace  and  Inf 
Court  of  Comon  pleas  ii'^  be  and  they  hereby  are  adjourned  to  the 
First  Tuesday  of  February  next,  and  all  officers  and  others  Con- 

»  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  January  7. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  99 

cerned  in  said  Courts  are  to  Conform  themselves  Accordingly,  and 
all  processes  and  other  matters  &  things  Depending  in  said  Courts, 
and  which  are  by  Law  to  be  beared  Tryed  and  proceeded  upon  on 
the  s^'  Third  Tuesday  of  January  instant.  Shall  be  beared  Tryed  & 
proceeded  upon  on  the  Said  First  Tuesday  of  February  next  and  the 
Justices  of  Said  Courts  are  hereby  required  to  Conform  themselves 
accordingly.     \_Passed  January  7. 


CHAPTEE    232. 

ORDER  GRANTING  500  ACRES  OF  LAND  TO  JASHER  WYMAN  &  300  ACRES 
LAND  TO  EDW»  PARK. 

A  Petition  of  Jasher  Wyman  &  Edward  Park,  shewing  they  were  Legislative 
admitted  in  the  Year  1719  as  Proprietors  in  a  new  Township  granted  councif  xx**^^ 
by  this  Governm'  lying  West  of  Groton,  that  they  fully  performed  the  i*9- 
Conditions  of  their  Grant  by  building,  clearing  the  Land  &c^  but  are  Mass. 
now  ejected  from  the  same  by  a  Course  of  Law;  praying  for  Relief  ^vi^^M8-572 
from  this  Court:  KpS']54. 

Read  &  it  appearing  to  this  Court  that  the  Petitioners  have  had'  159.'  Province' 
a  Grant  of  Lands  from  this  Governm'  which  were  then  look'd  upon  ^hap!  113!' ^^^' 
as  unappropriated,  but  are  since  found  to  be  comprized  within  a 
former  Grant  of  this  Governm'  to  the  Proprietors  of  Dunstable; 
and  that  the  said  Jasher  &  the  Assignee  of  the  said  Edward  have 
by  a  Course  of  Law  been  accordingly  ejected  therefrom  by  the 
Proprietors  of  the  Common  &  undivided  Lands  in  said  Dunstable, 
Therefore 

Ordered  that  there  be  &  hereby  is  granted  10  the  said  Jasher 
Wyman  Five  hundred  Acres  of  Land,  and  to  the  said  Edward 
Park  Three  hundred  Acres  out  of  the  unappropriated  Lands  of 
the  Province,  in  full  Satisfaction  for  the  Laud  from  which  they 
have  been  ejected  as  aforesaid,  and  of  all  Charges  arising  there- 
from: provided  the  said  Petitioners  lay  out  their  Grants  adjoining 
to  some  Township  in  a  regular  Form,  and  do  not  interfere  with  any 
former  Grant,  and  return  Plats  of  their  Land  thus  laid  out  to  this 
Court  within  twelve  Months  for  Confirmation.    [Passed  Ja)iuary  7. 


CHAPTER    233. 

ORDER  GRANTING  TO  JAMES  MILK  &   WHEELER  RIGGS    LICENCE    TO 
SELL  STRONG  DRINK. 

A  Petition  of  James  Milk  &  Wheeler  Riggs  shewing  that  they  Legislative 
dwell  in  such  parts  of  the  Town  of  Falmouth  in  the  County  of  coimdf,  xi*f^ 
York  where  it  is  necessary  there  should  be  some  Persons  licenced  ^°;,^j^gg^^- 
for  the  retailing  Strong  Liquors,  for  which  the  Pef*  are  well  fur-  cxix.,  633. 
nished,  praying  that  the  Court  of  General  Sessions  of  the  Peace  Mass. 
for  said  County  may  be  enabled  to  licence  them:  txix^^e^i 

Read  and       •  House  Jo^ur- 

Ordered  That  the  Prayer  of  the  Petition  be  and  hereby  is  granted ;  ^^'^' 
and  the  Justices  of  the  Court  of  General  Sessions  of  the  Peace  for 
and  within  the  County  of  York,  are  impowered  at  their  next  Sitting, 


100 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  234,  235.] 


if  they  see  Cause,  to  grant  a  Licence  to  the  Pet"  for  the  purpose 
withinmention'd  upon  their  producing  a  recommendation  pursuant 
to  Law.     \_Passed  January  8. 


Legislative 
Records  of  the 
Council,  XX., 
150.    Mass. 
Archives,  xix., 
73^ 

Mass. 

Archives,  xix., 
72.    House 
Journal, 
pp.  145, 160. 
Province 
Laws,  ii.,  151, 
chap.  10. 


CHAPTER    234. 

ORDER  IMPOWERING  EDW»  CHILD   &    ABIG^   GRIDLEY,  ADM^^,  TO    SELL 

REAL  ESTATE. 

A  Petition  of  Edward  Child  &  Abigail  Gridley  of  Roxbury 
Administrators  of  the  Estate  of  Thomas  Baker  late  of  Boston 
dec*^  and  Guardians  to  his  Children,  being  Minors;  shewing  that 
the  said  Children  are  one  half  interested  in  a  dwelling  House  & 
Land  in  Boston,  which  House  is  under  Decay,  praying  for  Liberty 
to  sell  the  same  for  the  said  Childrens  Benefit. 

[Read  &] 

Ordered,  That  the  prayer  of  the  Petition  of  Edward  Child  & 
Abigail  Gridley,  be  so  far  granted,  as  that  they  be  impowered  & 
they  hereby  are  impowered  to  Sell  the  half  part  of  the  House 
&  land  as  requested,  for  the  most  it  will  fetch,  (first  giving  public 
notice  as  requisite,  of  the  time  &  place  of  such  sale)  &  to  execute 
a  good  &  Sufficient  Deed  or  Deeds  thereof,  they  giving  security  to 
the  Judge  of  Probate  for  the  County  of  Suffolk,  that  the  Net  Pro- 
ceeds shall  be  forthcoming,  Avhen  the  Children  shall  come  of  Age, 
with  the  Interest  arising  thereon,  reserving  only  one  third  part  of 
the  Interest  for  the  s'^  Abigail,  during  her  Natural  life.  \^Passed 
January  8. 


CHAPTEE    235. 


ORDER  GRANTING  TO  EBEN.  LOWELL  LICENCE  TO  SELL  STRONG  DRINK. 


Legislative 
Records  of  the 
Council,  XX., 
151.    Mass. 
Archives, 
cxix.,  630. 

Mass. 
Archives, 
cxix.,  6-29. 
House  Jour- 
nal, p.  163. 


A  Petition  of  Ebenezer  Lowell  of  Boston,  shewing  that  he  has 
been  obliged  to  remove  his  Habitation  to  some  little  distance  from 
the  Place  where  he  formerly  dwelt  praying  that  the  Court  of  Gen- 
eral Sessions  of  the  Peace  for  the  County  of  Suffolk  may  be  enabled 
to  licence  him  to  retail  strong  Drink  in  the  Place  where  he  now 
dwells 

Read  and 

Ordered  that  the  Prayer  of  the  Pet°  be  so  far  granted  as  that  the 
Justices  of  the  Gen'^  Sessions  of  the  Peace  for  the  County  of  Suf- 
folk at  their  present  Sitting  if  they  see  Cause  be  and  hereby  are 
impowered  to  grant  the  Pef  a  Licence  to  retail  strong  Liqueurs 
for  the  Remaining  part  of  the  present  Year  Provided  he  Obtain 
the  Approbation  of  the  select  Men  of  the  Town  of  Boston  the 
time  for  grants  Licences  being  Elapsed  notwithstanding.  \^Passed 
January  9. 


[3d  Sess.]     Province  Laws  (Besolves,  etc.).  — 1753-54.  101 


CHAPTEK    236. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  FOR 
THE  COUNTY  OF  YORK  AND  ALLOWING  £2.  16.  8  FOR  THE  EXPENSE 
THEREOF. 


The  Committee  for  letting  out  to  farm  the  Excise  of  strong  Legislative 
Liquors  in  the  County  of  York  for  this  present  Year,  reported  councif.s' 
that  they  had  let  out  the  same  to  Elisha  Jones  for  Seven  hundred  isi- 


f  the 

XX., 


Dollars  for  this  present  Year,  had  taken  Bonds  &  lodged  them  House  Jour- 
in  the  Treasury,  their  own  Charge  being  £2.16.8.  Anie^,'p.2i, 

Read  &  Accepted,  and  «^^p-  ^^• 

Ordered  that  the  Sum  of  Two  Pounds,  sixteen  Shillings  &  eight 
pence '  be  allowed  &  paid  out  of  the  publick  Treasury  to  said  Com- 
mittee for  their  Time  &  Expence  in  farming  said  Excise.  [Passed 
January  9. 


CHAPTER    237. 

ORDER  ALLOWING  £9.  1.  9  TO  THE  TOWN  OF  IPSW^h  FOR  A  MISTAKE  IN 

THEIR  TAX. 

Whereas  Francis  Cogswell  Esq""  hath  represented  to  this  Court  ^^?^^^|*^^|.jj 
that  by  the  Tax  Bill  pass'd  at  last  May  Session,  the  Town  of  Ipswich  coimcif,  xx.,^ 

had  £110.19.4  last  Emission  added  to  their  Tax  in  Consequence  of  ^3: 

a  Vote  of  this  Court,  and  in  reducing  said  Sum  into  Lawful  Money  naTpp;^i°62|^i63. 
there  appears  a  Mistake  of  £9.1.9  Lawful  Money,  the  said  Town  is 
taxed  more  than  they  ought  to  be, 

Therefore, 

Ordered  that  the  Province  Treasurer  pay  to  the  Treasurer  of  said 
Town  of  Ipswich  for  the  Use  of  said  Town,  the  said  Sum  of  Nine 
Pounds  one  Shilling  &  nine  pence.     [Passed  January  9. 


CHAPTER    238. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  FOR 
THE  COUNTY  OF  ESSEX  AND  ALLOWING  £6.  10.  9  FOR  THE  EXPENSE 
THEREOF. 

The  Committee  for  letting  out  to  farm  the  Excise  on  strong  Legislative 
Liquors  in  the  County  of  Essex,  for  this  present  Year,  reported  council  xx?^ 

that  they  had  let  it  out  to  M''  Jonathan  Porter  (who  purchased  it  i5^^ 

for  M'  John  Hunt)  for  the  Sum  of  One  Thousand  &  two  Pounds  ^o"f/°5'J^jg3 
thirteen  Shillings  &  four  pence,  had  taken  Bonds  &  lodged  them  ^nie,v. &,' 
in  the  Treasury,  their  own  Charge  being  £6.10.9.  Read  &  chap.  45. 

Accepted  & 

Ordered  that  the  Sum  of  Six  Pounds  ten  Shillings  &  nine  pence 
be  allowed  &  paid  out  of  the  publick  Treasury  to  said  Com'*=^  in  full 
for  their  Time  &  Expence  in  farm^  said  Excise.    [Passed  January  9. 

1  The  House  Journal,  p.  101,  reads,  £2.  13.  4. 


102 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  239,  240.] 


CHAPTEE    239. 


Legislative 
Records  of  the 
Council,  XX., 
152.    Mass. 
Archives, 
xlvi.,  334. 

Mass. 
Archives, 
xlvi.,  332-336. 
House  Jour- 
nal, p.  165. 


ORDER  OF  NOTICE  WITH   STAY  OF  EXECUTION   ON    THE    PETITION    OF 
JONAS  CLARK  FOR  A  REHEARING  OF  AN  ACTION. 

A  Petition  of  Jonas  Clarke  of  Boston  Esq^  setting  forth  the 
great  Injustice  done  him  by  the  Judgment  of  the  Superiour  Court 
held  at  Worcester  in  September  last,  in  an  Action  between  the  Pef 
&  Jaazaniah  How  &  John  Snow,  and  for  as  much  as  the  Pet"  Attor- 
ney was  by  Sickness  unexpectedly  taken  off  from  defending  said 
Action,  therefore  praying  that  the  said  Judgment  may  be  vacated, 
and  that  the  Pet^  may  enter  his  Action  anew  at  the  next  Term  for 
said  County,  &  Execution  stayed  in  the  mean  time. 

Eead  & 

Ordered  that  the  pet'  Serve  the  Adverse  parties  Jaazaniah  How 
«&  John  Snow  with  a  Copy  of  this  petition  that  they  Shew  Cause 
(if  Any  they  have)  on  the  Second  friday  of  the  Next  Sitting  of  this 
Court  why  the  Prayer  thereof  Should  not  be  granted  And  that  Exe- 
cution be  stayed  in  the  Mean  time  provided  the  pef^  give  Bond  to 
the  Sherriff  of  the  County  of  Suifolk  for  the  payment  of  the  Sums 
that  the  S'^  How  &  snow  or  either  of  them  Shall  finally  recover  with 
Interest  from  this  Time.     ^Passed  January  9. 


CHAPTER    240. 


Legislative 
Records  of  the 
Council,  XX., 
152.    Mass. 
Archives, 
Xlvi.,  326. 

Mass. 
Archives, 
xlvi.,  321,  325. 
Maps  and 
Plans,  xxxii., 
21.    House 
Journal, 
pp.  117,  13Sa, 
163,  164. 
Province 
Laws,  ii.,  151, 
chap.  10. 
Ante,  p.  18, 
chap.  24. 


VOTE  APPOINTING  A  COMMITTEE  FOR  SELLING  LANDS   LYING    WEST 
OF  NORTHAMPTON. 

A  Memorial  of  Oliver  Patridge  Esq'  shewing  that  he  has  sur- 
veyed Eight  hundred  Acres  of  Province  Land  lying  on  or  near  the 
Road  proposed  to  be  opened  from  Northampton  towards  Albany, 
and  proposing  that  said  Land  may  be  sold,  that  two  Families  may 
be  settled  thereon. 

In  the  House  of  Representatives 

Voted  that  John  Worthington  Esq'  &  M'  Gideon  Lyman  with  Such 
as  the  Honourable  Board  shall  Join  be  a  Com*''^  in  behalf  of  the  Prov- 
ince to  make  Sale  (in  Some  part  of  the  County  of  Hampshire)  of  the 
Lands  Mentioned  in  the  Petition  in  two  Equal  Allotments  to  Such 
as  will  give  most  for  the  Same  giving  Notice  Publickly  of  the  Time 
&  place  of  Sale  And  they  are  hereby  impowered  to  give  good  &  Suffi- 
cient Deeds  of  S'^  Land  to  Such  purchasers  And  They  are  also  directed 
to  take  Bond  of  Each  of  Such  Purchasers  for  the  Sum  of  One  Hun- 
dred pounds  for  their  building  on  Such  allotments  respectively  a 
Good  dwelling  house  not  Less  than  Eighteen  feet  Square  &  S,even 
feet  Studd  and  for  their  Clearing  &  bringing  Lender  Improvement 
either  by  plowing  or  moAving  five  Acres  of  Said  Land  in  five  Years 
and  for  their  living  thereon  either  by  themselves  or  Assignees  the 
first  Ten  Years  of  the  Next  fifteen  provided  there  be  not  a  French 
or  Indian  War  within  S''  Time  and  that  the  Memorialist  be  allowed 
fifty  Shillings  out  of  the  Proceeds  of  the  Sale  of  S"^  Lands  for  his 
Service  in  Surveying  the  Same  The  Com'*''  to  be  Accountable  to  this 
Court  for  their  doing  herein  &  to  Lodge  the  Bonds  with  the  Prov- 
ince Treasurer 

In  Council  Read  &  Concur'd  and  Eleazer  Porter  Esq'  is  joined 
in  the  affair.     \_Passed  January  9. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.),  — 1753-54.  103 


CHAPTER    241. 

ORDER  ON  REPORT  OF  COMMITTEE  ON  PETITION  OF  THE  PUNCAPAUG 

INDIANS. 

A  Petition  of  Samuel  Moho  &  others,  Indians  of  Puncapaug,  Legislative 
Complaining  of  their  Guardians  Samuel  Miller  &  John  Shepherd  counclf.xx*?^ 
Esq"  for  their  great  Neglect  of  them,  more  especially  for  suifering  ^^'.,^?*^-  ^'^^s. 
their  Lands  to  >3e  strijj'd  of  the  Timber,  Whereby  (as  well  as  by  xxxii.,  456. 
their  other  Mismanagements)  the  Petitioners  Estate  is  much  dimin-  Mass. 
ished,  Praying  that  this  Court  would  inquire  into  their  Grievances  xxxii^^iss 
&  grant  them  Relief.  Legislative 

The  Committee  on  the  Petition  of  Samuel  Moho  and  others  hav-  councif, xvm.^, 
ing  repaired  to  the  said  Indians  Plantation  in  Stoughton,  viewed  their  journai^^^ 
Land  fully,  heard  the  Parties,  beg  Leave  to  report  as  follows.  pp.  103,120, 

First,  With  Respect  to  the  Article  mentioned  in  the  Petition,  ^  ^''' 
wherein  they  complained  of  being  wrongfully  charged  in  the  Guar- 
dians Accompts,  It  ajDpeared  to  the  Committee  that  the  said  Accompts 
had  been  kept  in  a  lax  &  bad  Manner,  either  in  Chaulks  or  Memory, 
for  more  than  five  Years  together,  so  that  no  Particulars  can  be  had; 
and  the  said  Moho,  George  &  Abigail  denied  the  Recei^jt  of  any  con- 
siderable part  of  said  Accompt;  To  which  the  Guardians  replied 
that  the  greatest  part  of  said  Articles  was  delivered  to  Amos  Ahau- 
ton,  his  Wife  &  s*^  Abigail,  the  two  former  since  dead. 

2'^'5'  As  to  the  Tresspass  done  ujaon  the  said  Indians  Land,  the 
Comm'^*  find  that  about  ten  Acres  of  the  Southwesterly  Corner  the 
Wood  &  Timber  is  almost  all  cut  off ;  And  by  the  Stumps  it  appears 
that  less  than  four  Years  past,  it  was  full  of  a  large  Growth ;  This 
done  by  one  Eliakim  Pitcher  under  Colour  of  having  a  Lease  from 
the  Guardians,  which  Lease  Col°  Miller  denied  having  any  Knowl- 
edge of;  but  Major  Shepherd  said  it  was  by  him  some  time  past 
agreed  to,  but  not  duly  executed;  In  another  part  of  the  Tract  it 
appeared  that  eight  or  ten  Cord  of  Wood  had  been  cut,  and  carried 
olf  by  Nathaniel  Badcock ;  for  which  he  says  he  had  the  Guardians 
Leave.  On  the  East  End  of  the  Cedar  Swamp  we  numbered  ab'  Two 
hundred  Stumps,  the  Bodies  carried  Off  &  the  Tops  left  to  rot,  and 
wei'e  informed  that  the  other  parts  of  the  Swamp  were  under  the  same 
Circumstances:  And  by  Testimony  of  one  Pitcher,  it  appeared  Major 
Shepherd  had  given  him  Leave  to  cut  some  part  of  it  for  Posts;  As 
to  the  Tresspass  done  on  the  other  parts  of  the  said  Tract,  It  appears 
by  a  List  taken  by  Order  of  the  Guardians  that  there  has  been  Two 
hundred  &  fifty  nine  Trees  cut  &  carried  off  within  a  few  Years  past, 
besides  three  or  four  large  Trees  cut  by  Major  Shepherd  himself  or 
by  his  Order,  as  also  Two  Tons  of  ShijJ  Timber  cut  by  one  Liscom 
by  sffld  Shepherds  Leave;  Indeed  there  is  but  a  small  Number  of 
Timber  now  standing  on  the  whole  of  said  Indians  Lands,  and  the 
Wood  greatly  diminished.  As  to  the  Indians  Complaint  of  said 
Shepherd  in  particular  for  causing  a  Number  of  them  to  be  im- 
prisoned &  there  kept  in  the  most  distressed  Condition,  The  Com- 
mittee say,  that  altho  M""  Justice  Hill  might  have  had  sufficient  to 
justify  his  Conduct  in  committing  them,  yet  it  would  have  been 
well  in  the  Guardians,  who  had  the  immediate  Care  of  them  to 
have  procured  Bail  for  them,  or  at  least'  not  suffered  them  to  have 
been  miserable  when  under  Confinement:  As  to  Sam^  Moho's  being 
in  Goal  detained  by  the  levying  of  an  Execution  consequent  upon 


104 


Province  Laws  {Resolves, etc.).  — 1753-54.     [Chap.  242.] 


a  Judgement  of  said  Shepherd's  against  him  for  Four  or  Five  Pounds 
Old  Tenor  in  favour  of  one  Jordan;  As  the  whole  of  the  Proceed- 
ing was  expressly  contrary  to  Law,  so  just  Matter  of  Complaint. 

Finally,  As  to  what  may  be  proper  for  the  hon^'*'  Court  to  do 
on  the  Pet°  above  mentioned,  The  Committee  beg  Leave  to  say, 
that  as  they  have  endeavour'd  truly  to  represent  the  Facts,  they 
can  not  but  suppose  that  the  Court  will  be  best  able  to  determine 
thatt  Matter:     All  w'=^  is  humbly  submitted, 

Bekj'^  Lincoln  per  Order. 

Eead  and  It  appearing  by  the  EejDort  of  the  Committee  that 

there  are  strong  Grounds  to  suspect  that  the  Guardians  of  the  Pun- 
kapog  Indians  have  been  exceeding  remiss  &  negligent  in  the  dis- 
charge of  the  trust'  reposed  in  them  by  this  Court:  &  likewise  to 
suspect  that  John  Shepherd  Esq  one  of  the  s*^  Guardians  together 
with  divers  other  persons  by  leave  obtained  from  him  have  cut  & 
carried  off  large  quantities  of  Wood  &  Timber  from  the  Lands 
belonging  to  those  Indians  to  their  great  wrong  &  damage. 

Therefore 

Ordered  That  the  said  Guardians  be  and  they  hereby  are 

directed  to  attend  this  Court  on  Wednesday  next  if  the  Court  be 
then  sitting,  if  not  on  the  second  Wednesday  of  the  next  Sitting 
of  the  Court;  then  further  to  account  for  their  Conduct  respecting 
the  matters  of  Complaint  against  them,  and  that  they  then  likewise 
lay  before  the  Court  a  particular  account  of  all  monies  by  them 
received,  or  that  are  due  to  them  in  their  said  capacity  as  also  of 
their  payments  &  disbursments  on  behalf  of  the  said  Indians.  And 
that  tlie  said  Guardians  be  forthwith  served  with  a  Copy  of  this 
Order.     \^Passed  January  10. 


CHAPTER    242. 


ORDER  ALLOWING  £5  TO  JOSIAH  LOOMIS  AND  £8  TO  MICHAEL  HALLEN- 

BECK. 


Legislative 
Records  of  the 
Council,  XX., 

107,  157.    Mass. 
Archives, 
xlvi.,  323. 

Mass. 
Archives, 
xlvi.,  320-323. 
Legislative 
Records  of  the 
Council,  XX., 
93, 112.    House 
Journal,  p.  107. 
Ante,  p.  49, 
chap.  107. 


A  Memokial  of  Josiah  Lomis,  Jacob  Loring,  George  Robinson, 
Joseph  Olcort,  John  Halenbeck  &  Michael  Halleubeck,  setting  forth 
the  Difficulties  they  are  put  to  by  the  Committees  delaying  to  lay 
out  Land  to  them  on  the  Western  Borders  of  this  Province,  accord- 
ing to  the  Order  of  this  Court;  Praying  that  this  Court  would  give 
Fresh  Orders  for  laying  out  said  Lands,  or  pay  them  their  Money 
expended. 

The  Committee  appointed  upon  the  Pet"  of  Josiah  Lomis,  Michael 
Halenbeck  &  others  having  considered  the  same,  humbly  report  it 
as  their  Opinion,  That  the  Sum  of  Five  Pounds  be  allowed  &  paid 
out  of  the  publick  Treasury  to  Josiah  Lomis  &  the  Sum  of  ]£ight 
Pounds  to  Michael  Halleubeck  in  Consideration  of  their  Expences 
&  Trouble  in  attending  this  Court :     Which  is  humbly  submitted. 

Per  Sam*-  Watts  ^  Order. 

Eead  &  Accepted  & 

Ordered  that  the  Sum  of  five  pounds  be  Allowed  &  paid  out  of 
the  Province  Treasury  to  Josiah  Loomis  &  the  Sum  of  Eight  pounds 
to  Michael  Halleubeck  in  Cojisideration  of  their  Expence  &  Trouble 
in  Attending  this  Court.''     \^Passed  January  10. 

1  MS.  mutilated. 

*  The  concluding  action  on  this  petition  not  found  in  the  House  Journal. 


[3d  Sess.]     Province  Laws  (BesolveSy  etc).  — 1753-54.  105 


CHAPTER    243. 

ORDER  DIRECTING  THE   PROVINCE    TREASURER    TO    PAY    £10    TO    THE 
TOWN  OF  MEDFORD. 

Whereas  the  Town  of  Medford  was  fined  the  Last  Year  the  Sum  Legislative 
of  Ten  pounds  for  Not  Sending  a  Representative  which  the  Court  coumrff  xx!'^^ 
Afterwards  Remitted  Yet  it  Appears  that  the  S"^  Town  was  Taxed  i57.  Mass.  ' 
for  S*^  Sum     Therefore  xiix.,^3l9! 

Ordered  that  the  Province  Treasurer  be  &  hereby  is  Directed  to  House  Jour- 
pay  out  of  the  Province  Treasury  the  Sum  of  Ten  pounds  to  the  "^^i'  ^-  ^^■ 
Town  of  Medford.     [Passed  January  10. 


CHAPTER    244. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  THE  PETITION  OF  SARAH 

PAYNE. 

The  Committee  appointed  upon  the  Pef"  of  Sarah  Payne  have  Legislative 
considered  the  same  &  are  of  Opinion  that  some  Persons  be  ap-  councif  xx*"^^ 
pointed  to  write  to  CoP  John  Henry  Lydius,  of  Albany,  to  procure  is'.  Mass.  ' 
Bail  for  Joseph  Payne  who  is  now  imprisoned  in  Albany  Goal  by  155^  ^^^*'  '^'■' 
Eobert  Livingstone  jun''  Esq''  for  a  supposed  Tresspass  upon  Lands  j^nte,  p.  S7, 
apprehended  to  be  within  this  Government.  W'^''  is  humbly  submitted  ^iiap.  i98. 

Per  Sam'-  Watts  ^  Order. 

Read  and 

Ordered  that  this  Report  be  accepted  &  the  Secry  is  directed  to 
write  to  y®  s*^  Coll  Ludias  accordingly.'     [Passed  January  10. 


CHAPTER    245. 

VOTE  APPOINTING  A  COMMITTEE  TO  RECEIVE  OF  THE  LATE  TREAS- 
URER WM  FOY^E,  GOVERNMENT  SECURITIES  IN  HIS  HANDS,  AND 
BURN  THEM. 

In  Council  Krds'of  the 

Voted  thoX  John  Osborne  and  Jacob  Wendell  Esq^%  with  Such  as  council,  xx., 
the  Hon"^  House  shall  Joyn,  be  a  Com"^  to  Receive  of  the  Late  Archiv^es^ciii., 
Treasurer,  W"  Foye  Esq''  what  of  the  Govern'''  Securities  are  now  ^ 


m  his  hands,  &  Consume  them  to  ashes.  House  Jour- 

T      xi       TT  -c    TD       r  nal,  pp.  169  6?s, 

in  the  House  01  Rep'^  170. 

Read  &  Concurred  &  Col  Otis  Col  Worthington  M'  Allen  M^ 
Fletcher  M''  Hunt  Cap'  Chandler  &  M'  Wells  are  Joined  in  the 
Affair.     [Passed  January  11. 

*  Not  found  in  the  House  Journal. 


106 


Province  Laws  {Resolves,  etc.) .  ^1753-54.  [Chaps.  246,  247.] 


CHAPTEE    24:6. 


VOTE    ACCEPTING    REPORT  FOR  COMMISSIONERS  TO   GIVE   QUIT    CLAIM 
DEEDS  OF  PROVINCE  LANDS  WESTWARD. 

The  Committee  on  the  first  and  second  Paragraph  of  his  Excel- 
lencys  Speech  reported  their  Opinion  that  the  following  Vote  pass 
this  Court. 

Voted  ihsit  ..."  Persons  be  chosen  and  appointed  by  this  Court 
&  Commissionated  by  his  Excellency  the  Governour,  under  the  Seal 


Legislative 
Records  of  the 
Council,  XX., 
lt;2. 

Mass. 
Archives, 
xlvi.,  338. 

Records^of  the  of  the  Province,  for  the  Purposes  hereafter  mentioned ;  and  they  are 
Council,  XX.,  hereby  required,  as  soon  as  conveniently  may  be,  to  repair  to  the  West- 
ern Parts  of  the  County  of  Hampshire,  and  to  make  due  Inquiry  into 
the  Possessions  &  Improvements  of  the  several  Persons,  who  with- 
out any  Grant  or  Warrant  from  this  Governm*^  have  entered  upon 
any  of  the  Province  Lands  which  are  situated  further  Westward 
than  the  Townships  of  Sheffield  &  Stockbridge,  altho  part  of  said 
Land  may  ly  Northward  of  said  Townships:  And  the  said  Commis- 
sioners are  hereby  fully  authorized  &  impowered  to  quiet  any  &  all 
such  Persons  in  their  Possessions,  and  to  grant  Quit  Claims,  &  relin- 
quish to  all  or  any  of  them  their  Heirs  the  whole  or  any  part  of  the 
Land  upon  which  they  have  entered  according  to  the  best  Discretion 
of  them  the  said  Commissioner,  and  as  shall  appear  to  them  to  be 
most  for  the  Service  of  the  Province,  and  the  Defence  &  Strength- 
ning  that  Frontier;  and  upon  such  Terms  of  Settlement;  Purchase 
or  Quit  Pent  as  they  shall  judge  equitable;  and  the  said  Commis- 
sioners shall  be  under  Oath  faithfully  to  pursue  the  true  Intent  & 
Design  of  their  Commission,  and  to  render  an  Account  of  their 
Doings  to  this  Court.  Submitted  per  Order  Samuel  Watts 

Kead  &  Accepted,  & 

Ordered  that  three  Persons  be  appointed  for  the  Purposes  within 
mentioned.^     [Passed  January  11. 


CHAPTEK    24:7. 


ORDER  FOR  SUMMON«  WITNESSES  IN  THE    CASE   OF   THE    PUNCAPAUG 

INDIANS. 


Legislative 
Records  of  the 
Council,  XX., 
163. 

House  Jour- 
nal, pp.  167, 169. 
Ante,  p.  103, 
chap.  241. 


Ordered  that  the  Secretary  be  &  hereby  is  directed  [to  Summon] ' 
Major  Benjamin  Penner,  Eliakim  Pitcher,  Edward  Pitcher,  Nathaniel 
Badcock,  Philip  Lyscomb,  Nehemiah  Lyscomb,  Philip  Lyscomb  jun'' 
James  Endicot,  Ameriah  Wentworth,  W^illiam  Wheeler,  Stephen 
Bedlow,  John  Wentworth,  William  Eoyal,  Zebulon  Jordan,  Edward 
Bailey,  William  Wentworth  &  Isaac  Feuner  jun'.  [Passed  Jan- 
uary 12. 

*  Sic,  in  both  copies  of  Legislative  Records  of  the  Council. 
^  Not  found  in  the  House  Journal. 

3  Inserted  from  the  House  Journal,  p.  169,  The  record  also  states  that  they  were  "  Wit- 
nesses in  the  Case  of  the  Guardians  of  the  Punkapaug  Indians." 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1753-54.  107 


CHAPTEK    248. 

VOTE  FOR  WRIT**  TO  THE  AGENT  REFERR«  TO  THE  DEFENCE  OF  THE 

PROVINCE. 

Whereas  His  Excellency  has  acquainted  this  Board  that  Agre-  Legislative 
able  to  the  Message  of  the  two  Houses  sent  him,  this  present  Session,  councif  xl-!^^ 
respecting  the  Putting  of  the  Province  into  a  Posture  of  Defence,  He  les.  Mass.  ' 
has  written  largely  to  the  Eight  Hon'''"'  the  Earl  of  Holderness  one  ise.    ''^^'^^^■' 
of  His  Majestys  Principal  Secretarys  of  State,  with  his  Desire  that  House  Jour. 
he  would  lay  the  same  before  His  Majesty;  &  that  his  Packet  is  gone  ^nte'^~%& 
in  Cpt.  Comerins  Ship  which  sailed  yesterday;  And  forasmuch  as  chap! 228.  ' 
the  Matters  contained  in  the  said  Message  are  of  great  Importance 
*  &  may  require  the  Solicitation  of  the  Agent  of  this  Province 

Voted  that  a  Copy  of  the  said  Message  to  His  Excellency  with 
other  Papers  relating  thereto  be  forthwith  sent  to  M''  Agent  Bollan, 
with  Directions  to  use  his  utmost  Endeavour  to  obtain  his  Majestys 
Favour  as  to  the  Matters  mentioned  in  the  said  Message.  [^Passed 
January  12. 

CHAPTER    249. 

ORDER  APPOINTING  A  COMMITTEE  TO  RECEIVE  THE  BALANCE  OF  THE 
ACCT®  OF  THE  LATE  TREASURER  FOYE  AND  PAY  THE  SAME  TO  THE 
PRESENT  TREASURER. 

In  Council  "Whereas  by  the  account  of  the  late  Treasurer  Wil-  Legislative 
liam  Foye  Esq''  examined  by  a  Committee  of  this  Court  February  councif.xx.,  ^ 
8.  1753  it  appears  that  he  was  then  accountable  for  the  Sum  of  Archfves^^ciii 
£6,290.19.3  the  Ballance  of  the  said  Account  and  it  apjDcars  that  204. 
divers  further  Sums  were  outstanding  which  ought  to  have  been  Mass. 
since  received;  And  it  likewise  appers  that  4,926  Lottery  Tickets  205^'^Hous'e"'' 
were  delivered  to  the  Treasurer  as  the  Share  of  the  Province  There-  p°o™Qc'e^'  ^'^' 

fore  Laws,  xiv.,  723, 

Ordered  that  Jacob  Wendell  John  Wheelwright  and  Thomas  *^^*^'  '^^' 
Hutchinson  Esq""^  with  such  as  the  Hon^'®  House  shall  join  be  a 
Committee  to  receive  the  Ballance  that  may  be  in  the  hands  of  the 
s'^  Treasurer  Foye  to  give  him  a  discharge  therefor  and  to  deliver 
the  same  to  M''  Treasurer  Gray  and  take  his  receipt  for  the  use  of 
the  Province  The  Committee  are  likewise  to  settle  the  Prizes  which 
said  Lottery  Tickets  drew  and  to  cause  the  said  Tickets  to  be  burnt 
to  Ashes 

In  the  House  of  Eepresentatives 

Read  &  Concurred  &  Col  Otis  Col  Worthington  M"  Allen  M""  Hunt 
M'  Fletcher  Cap  Chandler  &  M'  Wells  are  Joined  in  the  Affair. 
[^Passed  January  16. 


CHAPTER    250. 

ORDER  DIRECTING  THE  TREASURER  TO  SUE  THE  PROV^^  DEBTORS.     Legislative 

Records  of  the 
Council,  XX., 

Ordered  that  the  Treasurer  forthwith  proceed  in  all  proper  Methods  lei^ 

directed  to  by  Law  to  enforce  the  Payment  of  all  Such  Sums  of  Money  House  Jour. 
as  are  due  from  any  Persons  to  the  Province.     \^Passed  January  16.  ^^^'  ^'  ^'^' 


108 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  251-253.] 


CHAPTEE    251. 


ORDER  GRANTING  TO  EDW»  BEST  LICENCE  TO  RETAIL  BEER. 


Legislative 
Records  of  the 
Council,  XX., 
167.    Mass. 
Archives,  lix., 
401. 

Mass. 

Archives,  lix., 
400.    House 
Journal,  p.  168. 


A  Petition  of  Edward  Best  of  Boston,  shewing  that  he  has  set 
up  the  Trade  of  Brewing  in  said  Town,  &  brews  better  Beer  than 
is  usual.  Praying  that  the  Court  of  General  Sessions  of  the  Peace 
for  the  County  of  Suffolk  now  sitting  may  be  impowered  to  grant 
him  a  Licence  for  Eetailing  Beer. 

Read  &, 

Ordered  that  the  Prayer  of  the  Pef  be  so  far  Granted  that  the 
Court  of  General  sessions  of  the  peace  for  the  County  of  Suffolk 
at  their  Present  session  be  &  hereby  are  Impowered  to  Grant  the 
Petitioner  a  Licence  to  Eetail  Beer  in  the  Town  of  Boston  If  they 
See  fit  he  first  Obtaining  the  Approbation  of  the  Selectmen  of  Said 
Town  the  time  for  granting  of  Licences  being  Elapsed  Notwith- 
standing.    \_Passed  January  16. 


CHAPTEE    252 


VOTE  FOR  AN  ABSTRACT   OF    SOLDIER'S    WAGES    UNPAID,   ON    MUSTER 
ROLLS  IN  THE   HANDS  OF  THE  LATE  TREASURER  MR.   FOYE. 


Legislative 
Records  of  the 
Council,  XX., 
162.    Mass. 
Archives,  ciii., 
207. 

House  Jour- 
nal, p.  174. 


In  Council 

Voted  that  some  Person  be  employ'd  to  repair  to  the  Late  Treas- 
urer W"^  Foye  Esq'  and  take  an  abstract  from  the  severall  Rolls 
laying  in  his  Office  of  the  Grants  of  such  Soldiers  as  remain  unpaid 
upon  said  Rolls  and  Cancell  the  same  and  that  a  New  Warrant  be 
made  upon  the  Abstract  for  M''  Treasurer  Grays  payment  thereof 
and  that  the  Commissary  General  be  directed  to  inspect  said  Abstract 
and  to  direct  the  Proper  Method  to  effect  y*  same 
In  the  House  of  Representatives 

Read  &  Concurred  &  John  Wheelwright  Esq''  is  Appointed  for 
the  Purpose  abovementioned. 

In  Council  Read  &  Concur'd.     \^Passed  January  17 ^ 


CHAPTEE    253. 


ORDER    IMPOWERING    SARAH    MAYHEW,   GUARDIAN,   TO    EXECUTE    A 

DEED. 


Legislative 
Records  of  the 
Council,  XX., 
14.    Mass. 
Archives,  cv., 
421. 

Mass. 

Archives,  cv., 
420^24.    Legis- 
lative Records 
of  the  Council, 
XX.,  168. 
House  Jour- 
nal, p.  124. 


A  Petition  of  Sarah  Mayhew  Widow  of  Theophilus  Mayhew 
late  of  Chilmark  in  Dukes  County  dec'^  Praying  that  she  may  be 
impowered  by  this  Court  to  execute  a  Deed,  for  exchanging  with 
Thomas  Tilton  twelve  Acres  of  Land  of  her  said  Husband's  Estate, 
agreable  to  a  Contract  made  in  his  Life  time. 

Read  & 

Ordered  that  this  Petition  be  revived  and  that  the  prayer  thereof 
be  Granted  &  the  Pef  (with  the  Advice  &  assistance  of  John  Nor- 
ton Esq'')  is  Allowed  &  Impowered  in  her  Capacity  of  Guardian  to 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  and  the  House  Journal  the  date  is  January  11. 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1753-54.  109 

her  Son  within  Mentioned  to  Execute  &  deliver  to  the  within  named  ^^^JJ^^'  i'^^) ; 

Tho^  Tillton  a  Deed  for  Conveyance  of  the  twelve  Acres  of  Land 

within  Mentioned  Provided  he  give  to  the  S''  Heir  a  good  Deed  of 

his  Land  within  Mentioned  Agreeable  to  the  Contract  referred  to 

in  the  pet°  &  the  S'^  Norton  is  to  See  that  Justice  be  done  in  the 

Affair.     \_Passecl  January  17. 


CHAPTEK    254. 

VOTE  APPOINTING  A  COMMITTEE  TO  LAY  OUT  A  NEW  TOWNSHIP  WEST 

OF   NORTHAMPTON. 

In  the  House  of  Representatives  Legislative 

Voted  That  M'  Gideon  Lyman  &  Elijah  Williams  Esq'  with  Such  coSxl?® 
as  the  Honourable  Board  shall  Appoint,  be  a  Committee  to  Lay  out  ^^'^^^l^^^' 
a  Township  Six  Miles  Square  Upon  the  New  Cut  Road  from  North-  cxvi.,  499'. 
ampton  towards  Albany  at  the  Place  Mentioned  in  the  Memorial  of  Mass. 
Oliver  Partridge  Esq'  dated  the  4^^  of  Dec'  1753.  and  that  the  Said  ^xvlS^oo. 
Committee  lay  out  Sixty  Three  Houselots  in  S''  Township  one  for  ^i^P^'and 
the  first  Setled  Minister  one  for  the  Ministry  and  one  for  the  School  e.  'House  Jour- 
as  near  the  Center  of  Said  Town  as  may  be  with  Convenience  in  Ante^^-i^wil''^' 
Such  Quantities  as  the  S'*  Committee  Shall  Judge  best  and  also  that  chap!  240. 
the  S''  Committee  be  directed  to  lay  out  Such  High  ways  Streets  & 
Lanes  to  &  among  S*^  Houselotts  as  Shall  be  necessary  &  Conven- 
ient And  the  S'^  Committee  have  power  to  Admit  Sixty  Setlers  or 
Inhabitants  into  S*^  Township  Each  of  them  Shall  be  Entitled  to 
a  Sixty  Third  part  of  S*^  Township  Upon  the  Conditions  Following 
Viz :  That  Each  Setler  pay  to  the  Committee  upon  his  being  admitted 
Thirteen  pounds  six  shillings  &  eight  pence  for  the  Use  of  the  Gov- 
ernment And  that  he  Shall  within  the  Space  of  Three  Years  from 
his  being  Admitted  build  a  House  eighteen  feet  Long  &  fifteen  feet 
wide  &  Seven  feet  Stiid  &  Shall  fence  five  Acres  of  his  Said  House- 
lot  &  bring  the  Same  to  English  Grass  or  fit  it  for  plowing  &  raising 
of  Wheet  or  other  Corn  And  Shall  Actually  by  themselves  Pleirs  or 
Assigns  Reside  on  S''  Houselot  five  years  in  Seven  from  their  being 
admitted  And  that  they  Settle  A  Learned  Protestant  Minister  in  S** 
Town  within  the  Term  of  five  Years  from  their  being  admitted  in 
Case  a  French  or  Indian  War  do  not  happen  within  S''  Term  &  in 
Case  a  Warr  Should  happen  then  to  fulfill  the  S'^  Conditions  in  y® 
Like  Term  after  the  War  And  in  Case  the  aforeS*^  Conditions  are 
not  fulfilled  According  to  the  true  intent  &  meaning  thereof  That 
then  Such  delinquent  Setler  or  Setlers  Right  Shall  be  forfiet  & 
revert  back  to  the  province  to  be  dispossed  of  as  the  General  Court 
Shall  hereafter  order  &  determine  Any  thing  in  this  grant  to  the 
Contrary  notwithstanding  and  that  the  S''  Committee  be  further 
directed  to  take  Bond  of  each  person  Admitted  by  them  a  Setler 
of  the  Penal  Sum  of  One  Hundred  pounds  payable  to  the  Province 
Treasurer  or  his  Successor  in  S*^  Office  for  the  faithfull  performance 
of  the  Conditions  of  Said  Grant  The  Said  Committee  to  make  report 
of  their  doings  &  due  return  of  S'^  Bonds  to  the  Province  Treasurer 
as  Soon  as  may  be  who  Shall  be  paid  for  that  Service  out  of  the 
monies  Received  of  the  Setlers. 

In  Council  Read  and  Concurd  &  Oliver  Patridge  Esq'  is  joined 
in  the  Affair.     [Passed  January  17. 


110 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  255,  256.] 


CHAPTEK    255. 


VOTE    ESTABLISHING    THE    BOUNDARY    LINE    BETWEEN    READING    & 

MALDEN. 


Legislative 
Records  of  the 
Council,  XX., 
124.    Mass. 
Archives, 
cxvl.,  574. 

House  Jour- 
nal, pp.  184, 185. 


A  Petition  of  Thomas  Eaton,  Ebenezer  Nichols,  Joseph  Lynde 
&  Ezra  Green,  Committees  of  the  Towns  of  Eeacling  &  Maiden  for 
settling  the  Boundary  Line  between  the  said  Towns,*  and  praying 
that  it  may  be  confirmed  by  this  Court, 

[Read  &] 

Voted  that  the  prayer  of  the  Petition  be  Granted,  and  that  the 
bounds  between  the  Said  Towns  of  Reading  and  Maldin  as  agreed 
to  by  Said  Petitioners  viz^  Begining  at  a  Black  oak  tree  Standing 
by  the  road  Leading  from  Reading  to  Maldin  about  Twelve  rods 
Northward  of  Jonas  G.reens  Barn.  Marked  with  R  &  M-  then  Run- 
ing  Eastwardly  with  a  Straight  line  to  a  heap  of  Stons  round  a  Pitch 
pine  tree.  Still  Eastwardly  the  Same  Course  to  a  Stake  and  heap  of 
Stons  in  Chilcea  Line,  Said  Stake  being  Marked  with  R.  M  and  0 
be  Ratified  and  Confirmed  accoringly.     \^Passed  January  18.^ 


CHAPTEK    256. 


VOTE   APPOINTING  GUARDIANS   FOR  THE   INDIANS. 


Legislative 
Records  of  the 
Council,  XX., 
158.    Mass. 
Archives, 
xxxii.,  453. 

House  Jour- 
nal, pp.  167, 168, 
169.    Ante, 
p.  103,  chap. 
241. 


Province  of  the     ) 
Massachusets  Bay  ) 

This  day  being  appointed  for  the  Election  of  Guardians  for  the 
Several  Tribes  or  Plantations  of  Indians  within  this  Province  (Pun- 
kapogg  Excepted)  Pursuant  to  Law 

The  following  Persons  were  duely  elected  to  the  said  Trust  by 
a  major  Vote  of  the  Council  and  House  of  Representatives  viz* 


For  the  Natick  Indians  viz'  • 
Joseph  Richards  Esq'' 
Joseph  Buckminster  Esq' 
John  Jones  Esq'' 

For  the  Dudley  Indians  viz' 
John  Chandler  Esq' 
Cap'  Moses  Marcy 
M'  Joshua  Healy 

For  the  Indians  East  of  Barnstable  viz' 
John  Freeman  Esq' 
Joseph  Freeman  Esq' 
M'  Joseph  Hall 

For  the  Marshapee  Indians  viz' 
Sylvanus  Bourn  Esq' 
David  Crocker  Esq' 
James  Otis  Esq' 


For  the  Teticut  Indians  viz' 
Gamaliel  Bradford  Esq' 
Josiah  Edson  jun'  Esq' 
Cap'  Nathaniel  Smith 

For  the  Indians  at  Martha's  Vineyard 
Pain  Mayhew  Esq' 
John  Sumner  Esq' 
M'  Benjamin  Manter 

For  the  Indians  at  Nantucket 
M'  Abishia  Folger 
Jonathan  Coffin  Esq' 
M'  Richard  Coffin 

For  the  Indians  at  Dartmouth 
M'  Ambrose  Barnaby 
John  Winslow  Esq' 
M'  Abiel  Terrey 


W  Shirley. 


I  Consent  to  the  foregoing  Elections. 
\^Passed  January  18.^ 

1  The  State  Library  copy.  Legislative  Records  of  the  Council,  xix.,  121,  here  inserts, 
"  setting  forth  their  agreement  thereupon." 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  December  18. 

'  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  and  the  House  Journal  the  date  is  January  11. 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1753-54.  HI 


CHAPTEE    257. 

ORDER  ACCEPTING  THE   REPORT    OF    THE    COMMITTEE    ON    GOVERNM^ 
SECURITIES  AND   DISCHARGING  THE  LATE   TREAS»  OF   £1,057.  18.  10. 

Eeport  of  Government  Securities,  rec*^  by  the  Com*^%  of  the  Legislative 
late  Treasurer,  viz*  councn,  xx.!*^ 

Province  of  the  Massachusetts  Bay         Boston  January  11,  175-4.  i"3.  Mass.  ' 

Eeceived  of  William  Foye  Esq'  late  Treasurer  a  Government  208?  ^^^^'""•' 
Security  for  £926.14.4  paid  James  Allen  Esq''  for  so  much   bor-  House  .Jour- 
rowed   upon   the   £18,400   Supply  which    with   the   Interest   due  ^^ie'}^m 
thereon  £119.18.6  makes  £1,046.2,10,  also  one  other  Note  of  £10  chap!  245. 
borrowed  of   Andrew  M^Kenzie  payable  the  lO*''  of   June  1752, 
with  Interest  amounting  to  £1.16  makes  £11.16     both  which  Sums 
amounting  to  £1,057.18.10,  which  we  have  received  &  consumed 
to  Ashes, 

John  Worthington  John  Osborne 

"William  Fletcher  Jacob  Wendell 

Samuel  Welles  James  Otis 

Eead  Accepted  & 

Ordered  That  tlie  late  Treasurer  W"  Foye  Esq''  be  &  hereby  is 
Discharged  of  the  Said  Sum  of  One  Thousand  &  fifty  seven  pounds 
18/10.     [^Passed  January  18. 


CHAPTEE    258. 

VOTE  appointing  COMMISS^s  TO  VIEW  PROV'^  LANDS   WESTWARD. 

The  two  Houses  proceeded  this  Day  to  the  Election  of  three  Legislative 
Gentlemen  to  be  Commissioners  to  repair  to  the  Western  Frontier,  councif,xx!f^ 
&  to  make  Inquiry  about  the  Province  Lands  there  &c*  ij^^ 

And  the  following  Gentlemen  were  chosen  by  the  Major  Vote  of  ^n<e,  p.  loe, 
the  Council  &  House  of  Eepresentatives ;  viz*  Samuel  Welles,  John  *^  ^p-- 
Chandler  &  John  Worthington  Esq''* 

To  which  Elections  His  Excellency  signed  his  Consent.'     \^Passed 
January  18. 

CHAPTEE    259. 

ORDER  ACCEPTING  THE   REPORT    OF    THE    COMMITTEE    ON    THE    GEN- 
ERAL ACCOUNTS  OF  THE   LATE  TREASURER  WM  FOYE  ESQ«. 

Province  of  the  Massachusetts  Bay  Boston  January  16.  legislative 

''  Records  of  the 

li04.  Council,  XX., 

The  Committee  to  whom  was  referred  the  Examination  of  the  Hi 


Accompts  of  William  Foye  Esq"  late  Treasurer  t&  Eeceiver  General  na^PpSisT. 
of  his  Majesty's  Eevenues  within  the  Province  of  the  Massachu-  Ante,v^m, 
setts  Bay  in  Ncav  England,  begining  the  8""  day  of  February  1753  l^^^a,  chap. 
&  ending  the  16*^  day  of  January  1754,  having  attended  that  Ser-  257. 
vice  upon  examining  the  same  find  them  right  cast  &  well  vouched; 
by  which  it  appears  that  the  said  Accomptant  chargeth  himself  with 


^  Not  found  in  the  House  Journal. 


X12  Province  Laws  (i?esoZves,e^c.).  — 1753-54.     [Chap.  259.] 

the  Sum  of  Six  Thousand  two  hundred  &  ninety  Pounds  nineteen 
Shillings  &  two  pence,  the  Ballance  in  his  Hands  p  last  Acco'  and 
with  the  Sum  of  Forty  eight  Thousand  three  hundred  &  three  Pounds 
three  Shillings  &  two  pence  three  farthings  outstanding  of  the  sev- 
eral Assessments  per  last  Accompt,  and  with  the  Sum  of  One  Thou- 
sand four  hundred  &  forty  nine  Pounds  ten  Shillings  &  eleven  pence, 
since  received  for  Excise  upon  Liquors,  and  with  the  Sum  of  Thirty 
Pounds  seventeen  Shillings  rec*^  of  Andrew  Boardman  Esq"  for  Excise 
on  Tea,  &c^  in  Middlesex,  &  with  the  Sum  of  Five  hundred  &  fifteen 
Pounds  four  Shillings  &  ten  pence,  received  of  John  Erving  Esq''  for 
Lands  sold  him  by  a  Committee  of  the  General  Court,  and  with  the 
Sum  of  Thirty  seven  Pounds  received  of  James  Minot  Esq''  &  Com- 
mittee for  Lands  sold  at  Hoosuck  and  with  the  Sum  of  Five  hun- 
dred thirty  eight  Pounds  Sixteen  Shillings  &  four  pence  received  of 
the  Directors  of  the  late  Lottery,  and  with  the  Sum  of  Ten  Pounds 
five  Shillings  received  for  Fines,  and  with  the  Sum  of  One  Thousand 
One  hundred  &  twenty  Pounds  One  Shilling  &  one  penny  received 
of  Daniel  Eussell  Esq''  Commiss''  of  Impost,  being  the  Ballance  of 
his  Accompt,  and  with  the  Sum  of  Forty  Pounds  ten  Shillings  received 
of  Samuel  Watts  Esq'  &  Committee,  for  Lands  sold  Benjam''  Hough- 
ton, and  with  the  further  Sum  of  Two  hundred  &  thirty  three  Pounds 
eight  Shillings  &  four  pence  farthing,  received  for  Excise  on  Liquors, 
and  with  the  Sum  of  Three  Thousand  Pounds  received  of  the  hon^'® 
Samuel  Watts  Esq'  &  Committee  in  small  Bills  made  for  Change  in 
1750;  All  which  Sums  amount  to  the  Sum  of  Sixty  one  Thousand, 
five  hundred  &  sixty  nine  Pounds  fifteen  Shillings  &  eleven  pence. 
The  Committee  further  find  that  the  Accomptant  hath  discharged 
himself  by  sundry  Payments  &  Disbursements  made  by  Order  of  his 
Honour  the  Lieuten'  Govern'  with  the  Advice  of  the  Council  amount- 
ing to  Ten  Thousand  &  eighty  Pounds  ten  Shill^^  &  seven  pence,  & 
by  Government  Securities  burnt  by  a  Committee  of  the  General  Court 
since  last  Account  Two  Thousand  three  hundred  &  eighty  two  Pounds 
thirteen  Shillings  &  eleven  pence ;  and  by  one  Years  Interest  payable 
on  sundry  Notes  payable  January  1754.  Six  hundred  &  forty  two 
Pounds  nineteen  Shillings  &  two  pence,  and  by  sundry  Lottery 
Tickets,  Principal  &  Interest  paid,  amounting  to  Three  Thousand 
four  hundred  &  ninety  nine  Pounds  sixteen  Shillings,  And  by  Prov- 
ince Bills  burnt  by  a  Committee  of  the  General  Court,  amounting 
to  Three  Thousand  seven  hundred  &  ninety  five  Pounds  five  Shil- 
lings, and  Bills  burnt  by  said  Committee  Two  Thousand  nine  hun- 
dred &  thirty  four  Pounds  three  Shillings  &  two  pence,  outstanding 
of  the  several  Assessments,  as  by  a  particular  Accompt  rendered  by 
the  hon''"''  Samuel  Watts  Esq'  &  Committee  of  the  General  Court, 
Thirty  three  Thousand,  three  hundred  &  fourteen  Pounds  Sixteen 
Shillings  &  one  penny,  and  by  Government  Securities  burnt  by  a 
Committee  of  the  General  Court  January  11.  1754,  One  Thousand 
&  fifty  seven  Pounds  eighteen  Shillings  &  ten  pence;  All  which 
Sums  amount  to  the  Sum  of  Fifty  seven  Thousand  seven  hundred 
&  three  Pounds  two  Shillings  &  nine  pence ;  and  by  Nineteen  hun- 
dred &  ninety  five  Pounds  twelve  Shillings  Deficiency  in  the  Cast, 
and  the  Sum  of  One  Thousand  eight  hundred  seventy  one  Pounds 
one  Shilling  &  two  pence  Ballance  in  hand;  but  the  Consideration 
of  the  above  mentioned  Deficiency  not  lying  with  this  Committee, 
the  Ballance  must  appear  to  them  to  be  Three  Thousand  eight  hun- 
dred &  Sixty  Six  Pounds  thirteen  Shillings  &  two  pence, 

(Signed)  James  Otis  ^er  Order. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  113 

Read  &  Accepted,  & 

Ordered,  that  the  said  late  Treasurer  William  Foye  Esq''  be  ac- 
countable for  the  Sum  of  Three  Thousand  eight  hundred  &  Sixty- 
Six  Pounds  thirteen  Shillings  &  two  pence.     {^Passed  January  18. 


CHAPTBK    260. 

ORDER  GRANTING  TO  MARY  TRUMBAL  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Mary  Trumbal  of  Charlestown,  praying  that  She  Legislative 
may  be  allow'd  to  keep  a  House  of  publick  Entertainment  in  the  councif  xx!^^ 
said  Town  in  the  Place  where  her  late  Husband  dec'^  carried  on  that  i^e.  Mass.  ' 

ET  ^  Archiyes,  cxi., 

mployment.  287. 

Read  &  Mass. 

Ordered  that  the  prayer  of  the  Petition  be  So  far  granted  That  ^f ^'Ho^'se'''"' 
the  Justices  of  the  Court  of  General  sessions  of  the  Peace  for  the  Journal,  _ 
County  of  Middlesex  at  their  Adjournment  on  the  Last  Tuesday  of  pp-^^^'^^"- 
Jan'"''  Currant  be  &  hereby  are  Impowered  (if  they  See  fit '  to  Grant 
the  Petitioner  Licence  to  keep  a  House  of  Publick  Entertainment 
In  Charlestown  She  first  Obtaining  the  Approbation  of  the  select- 
men of  Said  Town  The  Time  for  Granting  of  Licences  being  Elapsed 
Notwithstanding.     \^Passed  January  18. "^ 


CHAPTER    261. 

VOTE    GRANTING    TO    JOHN    FRANKLYN    AND    COMP-^    1,500    ACRES    OF 

LAND. 

A  Petition  of  John  Franklyn  &  others,  shewing  that  they  have  Legislative 
been  at  great  Expeuce  for  introducing  foreign  Protestants  and  set-  councif  xx*^^ 
tling  them  within  this  Province,  for  the  Carrying  on  several  Man-  ns. 
ufacturers  useful  to  the  Publick,  &  among  other  Things  they  have  Mass. 
at  great  Charge  set  up  the  making  of  Potash,  which  they  appre-  232?*^Hou8e^'''' 
hend  will  be  of  great  Service  to  the  Province,  therefore  praying  '^^"^f'iyg 
for  Encouragement  from  this   Court,  either  by  granting  them  a  iss*.  Province 
Sum  of  Money,  or  otherwise  as  this  Court  shall  judge  best.  ^otl^'^Aiitf^' 

Voted  that  there  be  &  hereby  is  granted  to  the  said  John  Franklyn 
&  Company  Fifteen  Hundred  Acres  of  Land  to  be  laid  out  in  the 
Unappropriated  Lands  of  the  Province,  adjoining  to  some  Town  or 
District,  in  a  regular  Form,  by  a  skilful  Surveyor  &  Chainmen  on 
Oath,  &  that  they  return  a  Plan  thereof  to  this  Court  within  three 
Years  for  Confirmation.  Provided  the  said  Franklyn  &  Company 
their  Heirs  &  Assigns  do  carry  on  the  several  Manufactures  which 
the  said  Comi^any  are  now  engaged  in,  at  German  Town  for  the 
Space  of  seven  years  at  least  from  this  Time;  Otherwise  the  said 
Lands  to  revert  to  the  Government.  xA.nd  as  a  further  Encourage- 
ment to  said  Franklyn  &  Company,  that  the  Captain  General  be 
desired  to  exempt  twelve  of  the  Workmen,  such  as  said  Company 

'  Sic,  as  to  absence  of  parenthesis. 

'  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  January  19. 


114 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  262-264.] 


Legislative 
Records  of  the 
Council,  XX., 
177. 

House  Jour- 
nal, p.  193. 
Province 
Laws,  iii.,  742, 
note.    Ante, 
p.  26,  chap.  46. 


shall  chuse  from  Millitary  Duties,  so  long  as  the  said  Manufactory 
shall  be  carried  on,  and  that  the  said  Twelve  Men  be  excused  from 
Serving  as  Tything  Men,  Constables,  Grand  Jurors  &  Petit  Jurors 
&  Working  at  High  Ways,  &  be  freed  from  all  Taxes,  except  Min- 
isterial, so  long  as  said  Manufactories  shall  be  carried  on.  \^Passed 
January  19. 


CHAPTEK    262. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  FOR 
THE  COUNTY  OF  MIDDLESEX  AND  ALLOWING  £2.  8.  2  FOR  THE  EX- 
PENSE THEREOF. 

The  Committee  appointed  to  let  out  to  farm  the  Excise  on  Strong 
Drink  in  the  County  of  Middlesex  reported  that  they  had  let  out  the 
same  to  William  Story  for  the  Sum  of  Seven  hundred  &  thirty  six 
Pounds,  &  have  taken  Bonds  &  lodged  them  in  the  Treasury,  their 
own  Charge  being  £2.8.2.  Eead  &  Accepted,  & 

Ordered  that  the  said  Committee  be  allowed  &  paid  out  of  the 
publick  Treasury  the  Sum  of  Two  Pounds,  eight  Shillings  and  two 
pence  in  full  for  their  Time  &  Expences  in  farming  said  Excise. 
\^Passed  January  21. 


CHAPTEE    263. 


Legislative 
Records  of  the 
Council,  XX., 
177.    Mass. 
Archives,  cxi., 
272. 

House  Jour- 
nal, p.  195. 


ORDER  GRANTING  TO   JAMES  DAY  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  James  Day,  Praying  that  the  Court  of  General 
Sessions  for  the  County  of  Suffolk  may  be  impowered  to  grant  him 
a  Licence  to  keep  Tavern  in  the  House  called  the  Sun  Tavern  in 
Boston : 

Read  & 

Ordered  that  the  Prayer  of  the  Petition  be  So  far  granted  that 
the  Justices  of  the  Court  of  General  Sessions  of  the  peace  for  the 
County  of  Suffolk  at  their  Adjournment  be  &  hereby  are  Impow- 
ered (If  they  See  fit)  to  Grant  Licence  to  the  Pef  to  keep  A  House 
of  Publick  Entertainment  At  y®  place  Mentioned  in  the  pet°  he 
Obtaining  the  Approbation  of  the  Select  men  of  the  Town  of  Bos- 
ton The  time  for  Granting  of  Licences  being  Elapsed  Notwithstand- 
ing.    {^Passed  January  21. 


CHAPTER    264. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  IN  REGARD  TO   ACCOUNTS 
OF  THE  LATE  TREASURER. 


Legislative 
Records  of  the 
Council,  XX., 
177. 

House  Jour- 
nal, pp.  193, 194, 
196, 19, .    Ante, 
p.  107,  chap. 
249. 


The  Committee  appointed  the  16*''  Instant  to  receive  the  Ballance 
of  the  late  Treasurer  Foyes  Accompt  that  might  be  in  his  Hands  &■ 
to  consume  to  Ashes  the  Lottery  Tickets  belonging  to  the  Province, 
have  attended  the  Service  &  have  received  from  the  said  M''  Foye 
the  Sum  of  Fifteen  hundred  Pounds,  which  they  have  paid  to  M' 
Treasurer  Gray,  taking  his  Receipt  therefor;  the  Eemaining  Bal- 


[3d  Sess.]     Province  Laws  (i?eso?ves,  e^c).  — 1753-54.  115 

lance  being  Two  Thousand  three  hundred  &  Sixty  Six  Pounds  thir-  ^«fc,p.  iii, 
teen  Shillings  &  two  pence  the  said  M'  Foye  is  still  accountable  to  ^^^^-  '^^■ 
the  Province  for,     Which  is  submitted 

Jacob  Wendell  per  Order 

Eead  &  AccejDted;  & 

Ordered  that  the  said  late  Treasurer  M''  Foye  be  still  accountable 
to  the  Prov'^'^  for  the  Sum  of  Two  Thousand  three  hundred  &  Sixty 
six  Pounds  thirteen  Shillings  &  two  pence,     [Passed  January  22. 


CHAPTER    265. 

ORDER    GRANTING  TO    JOSEPH    GOLDTHWAIT    LICENCE    TO    KEEP   AN 

INN. 

A  Petition  of  Joseph  Goldthwait  of  Boston  shewing  that  he  Legislative 
lives  in  a  House  convenient  for  the  Entertainment  of  Coasters,  councif  xx!^* 
Praying  that  the  Court  of  Gen^    Sessions  of   the  Peace  for  the  ns.  Mass.  ' 
County  of  Suffolk  maybe  impowered  to  grant  him  a  Licence  to  iJ.  ^^'^^'^^ '' 
keep  a  Tavern  there :  Mass. 

Eead  &  .  ^8?^"hou8?*' 

Ordered  that  the  prayer  of  the  Petition  be  so  far  granted  that  Journal,  p.  i96. 
the  Court  of  Gen'  Sessions  of  the  peace  for  the  County  of  Suffolk 
be  impowered  at  y®  Time  to  whicli  they  Stand  Adjourned  (if  they 
See  fit)  to  Licence  the  pef  to  keep  a  house  of  puljlick  Entertain- 
ment he  Obtaining  the  Approbation  of  the  Selectmen  of  the  Tow^n 
of  Boston  the  time  for  Granting  of  Licences  being  Elapsed  Not- 
withstanding.    [Passed  January  22. 


CHAPTER    266. 

VOTE  CONFIRMING  THE  ASSESSMENTS  FOR  MINISTERIAL  TAXES  LEVIED 

AT  LEICESTER. 

Whereas  in  assessing  the  Inhabitants  of  the  Town  of  Leicester  Legislative 
for  the  Ministry  Taxes,  the  Assessors  of  the  Town  of  Leicester  g^^°^^,'^f_  2*^*^^ 

made  the  said  Rate  or  Assessment,  &  Disputes  have  arisen  w^iether  ^^i: 

the  said  Assessors  have  Power  to  do  the  same,  being  only  Assessors  House  Jour- 
for  the  Town,  Therefore  »i  .p- 

Voted  that  the  said  Assessment  so  made  &  signed  by  the  Assessors 
of  the  said  Town  shall  be  deemed  and  held  good  &  valid  to  all  In- 
tents &  Purposes;  any  Disputes  that  have  arisen  concerning  the  same 
notwithstanding.     [Passed  January  22. 


CHAPTER    267. 

order  allowing   £6.  2.  8  TO   RICH»  SMITH. 


A  Petition  of  Richard  Smith,  Praying  for  an  Allowance  of  his  Legislative 

pi  •       .i^-j.:: .1.- o__   TVT„„    _„i;-i.„,T  i,„  r\„.i —  ^f^  +U,'r,  n^T^^^,-,     Records  of  the 

ment  in  the    ^^...   ^,^^,  .^.  ^......^^  ...^  ^.^^j^^.j ^^     .  -^ Archives,  cv., 

Read  &  465. 


dieting  divers  Sea  Men  enlisted  by  Order  of  this  Govern-  coSndf,  xx 
le  Year  1745,  for  maning  his  Majesty's  Ship  Vigilant:        its.  Mass. 


116 


Provixce  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  268-270.] 


Mass. 

Archives,  cv., 
464.    House 
Journal, 
pp.  lOy,  123, 195. 
Province 
Laws,  xiii.,  466. 
chap.  4. 


Legislative 
Records  of  the 
Council,  XX., 
179.    Mass. 
Archives, 
xxxii.,  430. 

Mass. 
Archives, 
xxxii.,  429. 
House  Jour- 
nal, p.  198. 
Ante,  p.  110, 
chap.  256. 


Ordered  that  the  prayer  of  the  Petition  be  granted  And  that  the 
petitioner  Rich^  Smith  be  Allowed  &  paid  out  of  the  pnblick  Treas- 
ury the  Sum  of  Six  pounds  2/8  in  full  of  his  Ace'-  for  Billeting  the 
Men  Mentioned  in  the  petition.     \^Passed  January  22. 


CHAPTER    268. 

ORDER  IMPOWERING  CASAR  FERRIT,  INDIAN,  TO  SELL  LAND. 

A  Petition  of  Csesar  Ferret  of  Natick,  Indian  Planter,  shewing, 
that  by  Disappointments  in  his  Business  he  is  brought  into  Debt, 
praying  that  he  may  be  allowed  to  sell  twenty  Acres  of  his  Laud  in 
Natick,  for  the  Payment  of  his  Debts,  &  for  building  him  a  Con- 
venient Dwelling  House  with  the  Remainder. 

Read  and 

Ordered  that  the  Prayer  of  the  Petition  be  granted  and  the  Peti- 
tioner have  Liberty  (with  the  Assistance  and  under  the  direction 
of  the  Guardians  of  the  Indians  in  Natick  provided  they  approve 
thereof)  to  make  Sale  of  Twenty  Acres  of  his  Land  for  the  most 
that  may  be,  due  Notice  being  previously  given  of  the  intended 
Sale,  the  proceeds  of  such  Sale  to  be  applied  by  said  Guardians  for 
discharging  the  Petitioners  just  Debts,  and  the  remainder  (if  any 
there  be)  to  be  improved  for  the  best  Advantage  of  the  Petitioner. 
\^Passed  January  23, 


CHAPTER    269. 


ORDER  ALLOWING   £6  TO   WANNANPAUGUS,  INDIAN. 


Legislative 
Records  of  the 
Council,  XX., 
180.    Mass. 
Archives, 
xxxii.,  432. 

Mass. 
Archives, 
xxxii.,  431. 
House  Jour- 
nal, pp.  196, 198. 


A  Letter  from  M'  Timothy  Woodbridge  of  Stockbridge,  to  David 
Mosely  Escf  a  Member  of  the  House  of  Representatives,  moving  that 
an  Allowance  may  be  made  for  the  Support  of  Wannanpaugus  an 
Indian  of  that  Place. 

[Read  &] 

Ordered  that  the  Sum  of  of '  Six  pounds  be  paid  out  of  the  Pub- 
lick  Treasury  &  put  into  the  Hands  of  S**  Woodbridge  and  by  him 
to  be  Employed  for  the  support  and  Comfort  of  the  S*^  Wannan- 
paugus in  his  Old  Age.     [Passed  January  23. 


CHAPTER    270. 

ORDER  APPOINTING  A  COM™e  tO  SELL  LANDS   BETWEEN    THE    TOWN- 
SHIP OF  SUNDERLAND  AND  MILLERS   RIVER. 


Legislative 
Records  of  the 
Council,  XX., 
ISO.    Mass. 
Archives, 
Ixlvi.,  343. 

House  .Jour- 
nal, pp.  145,201. 


In  the  House  of  Rep"" 

Ordered  that  M""  Speaker  &  Captain  Joseph  Williams  with  such 

as  the  honourable  Board  shall  Join  be  a  Committee  to  Make  Sale 

of  that  Tract  of  Province  Land  Lying  between  the  Township  of 

Sunderland  &  Millers  River  &  That  the  Same  be  sold  in  the  Town 


Sic. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  117 

of  Boston  within  fifteen  days  from  this  time  to  the  highest  Bidder 
And  that  the  S''  Committee  Notify  the  Same  in  the  Evening  post 
as  Soon  as  may  be. 

In  Councih  Eead  &  Concur'd  &  Andrew  Oliver  Esq'  is  joined  in 
the  aflEair.     {Passed  January  24. 


CHAPTEE    271. 

VOTE  ALLOWING   £500   TO   M»  AGENT   BOLLAN.  Legislative 

Records  of  the 
Council,  XX., 

Voted  that  the  Sum  of  Five  hundred  Pounds  Sterling  be  paid  }^ 

out  of  the  publick  Treasury  to  to  '  M'  Agent  Bollan  [to]  enable  him  House  Jour- 
to  transact  the  Affairs  of  the  Province  at  the  Court  of  Great  Britain,  2W).'^^"     '     ' 
he  to  be  account''^®  therefor.     \^Passed  January  24. 


CHAPTER    272. 

ORDER  ALLOWING   £4.  10  TO   TIM"  BROWN. 


A  Petition  of  Timothy  Brown  of  Swanzey  in  New  Hampshire,  Legislative 
shewing  that  by  Encouragement  from  this  Court  in  1748,  he  went  counclf,  x*x^.^^ 
as  Pilot  to  Canada  with  Persons  that  went  to  redeem  their  Chil-  isi.  Mass. 

1   •      -,  -  A.rcliivGS 

dren,  that  his  Allowance  was  far  short  of  answering  for  his  Expence  ixxiv.,  i&t. 
&  Loss  of  Time ;  and  therefore  Praying  for  some  further  Allowance  Mass. 
for  his  said  Service  from  this  Court:  bcxiv'^il's. 

Read  &  House  Jour- 

Ordered  that  there  be  Allowed  &  paid  out  of  the  Publick  Treas-  °*'PP-  -'' 
ury  to  the  Pef  Tim°  Brown  the  sum  of  Four  pounds  Ten  shil- 
lings In  full  Satisfaction  for  his  services  mentioned  in  the  Petition. 
{^Passed  January  24. 


CHAPTEE    273. 

ORDER  DIRECTING  PAYMENT  TO  GEO.  MOOREY  &  OTHERS  OF  CHARGES 
FOR  COMMITTING  A  PRISONER. 

A  Petition  of  George  Moorey,  Deputy  Sheriff  of  the  County  Legislative 
of  Bristol,  Abiah  Lee  late  Keeper,  and  Jonathan  Carver  present  coundi!  xV.!*^ 
Keeper  of  the  Goal  there,  shewing  that  they  were  at  great  Charge  '^H'^^^H^- 
in  the  Committment  &  Subsistence  of  Ruth  Hodges  committed  xiui.,  753.' 
under  Suspicion  of  her  being  concerned  in  the  Murther  of  a  Bas-  Mass. 
tard  Child;  of  w'^''  she  was  upon  Trial  acquitted,  and  she  permitted  xm^vll'. 
to  go  without  Day ;  and  for  as  much  as  the  Petitioners  are  not  able  House  Jour, 
to  recover  their  Charges,  Praying  that  this  Court  would  give  Orders  ^  '  ^ 
for  the  Payments  thereof. 

Read  & 

Ordered  that  this  petition  be  revived  &  that  the  prayer  Thereof 
be  so  far  granted  as  that  the  Justices  of  the  Court  of  General  ses- 
sions of  the  peace  for  the  County  of  Bristol  at  their  Next  sessions 
be  &  hereby  are  directed  to  Issue  their  "Warrants  on  the  County 

1  Sic. 


118 


Province  Laws  {Besolves^etc).  — 1753-54.  [Chaps.  274,  275.] 


Treasurer  for  S**  County  for  the  Payment  of  the  Charges  Mentioned 
in  the  petition  having  first  Estimated  the  Keasonableness  of  the  s** 
Demands.     \_Passed  January  24. 


Legislative 
Records  of  the 
Council,  XX., 
185.    Mass. 
Archives, 
xlvi.,  34-2. 

Mass. 

Archives, 
xlvi.,  341. 
Legislative 
Records  of  the 
Council,  XX., 
75.    House 
Journal,  pp.  66, 
200,  201.    Prov- 
ince Laws, 
xiv.,550, 
chap.  30;  696, 
chap.  159. 


CHAPTEK    274. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  APPOINTED  FOR  SELLING 
PROVINCE  LANDS  AND  ALLOWING  THEM  BALANCE  OF  THEIR  AC- 
COUNT   S/S^d, 

The  Committee  appointed  to  make  sale  of  Province  Lands  report 
as  follows, 

The  Land  sold  to  Edmund  Quincy  Esq''  and  by  him  released  to  John  Erving 

Esq%  adjoining  to  Rhode  Island,  sold  for £524.     4,  10 

said  Erving  paid  into  the  Treasury  ......     £515.     4.  10 

The  Land  sold  to  Joseph  Wilder  Esq'  &  by  him  released  to  )         9      0      0 
the  above  John  Erving  Esq^ j 

524.     4.  10 

Adjoins  to  New  Salem  ;  sold  for 152.     0.     0 

said  Erving  paid  into  the  Treasury            .....        149.     0.     0 
advanced  to  the  Committee 3.     0.     0 

152.    0.    0 
Land  sold  to  James  Allen  Esq''  &  by  him  releas'd  to  M''  Downs  at  Lunen- 

burgh,  sold  for 15.     0.     0 

Land  sold  to  Col"  Royal,  and  by  him  releas'd  to  Houghton  &  Whetcomb,  | 
the  Deed  left  in  Col°  Chandlers  hands,  not  to  be  recorded  untill  the  said  V      40.     0.     0 

Chandler  Receives  the  Money  for  the  Province  Use J 

Accountable  to  Col"  Chandler £38.    4.    0 

Accountbie  to  the  Committee 1.  16.    0 

40.  0.  0 
Land  at  Sunderland,  put  up  at  £500,  No  Bidders,  the  Corn's^  ^ith  the  hon^'e  1 
Tho«  Hubbard  Esq'  proposed  to  take  it  at  that  Price,  but  Col"  Heath  dying  I 
who  was  one  of  the  said  Committee,  Nothing  was  further  done  in  the  j 
Aifair;  of  which  said  Hubbard  has  already  informed  the  hon'''«  House  of  J 
Representatives. 
Land  at  Charlemont  was  put  up  according  to  the  Order  of  the  Court ;  but  no  } 
Bidders  appeared  j 

The  Committee  discharges  themselves  agreable  to  the  above  Acco' 
as  per  the  Accompt  here^with  exhibited,  and  pray  an  Order  for  the 
Ballance  thereof  being  Eight  Shillings  &  five  pence  half  penny.  All 
w*^*^  is  humbly  submitted 

Sam"-  Watts  per  Order. 

Eead  k  Accepted  & 

Ordered  that  the  Committee  be  Allowed  &  paid  Out  of  the  pub- 
lick  Treasury  the  Ballance  of  their  Ace*  being  Eight  shillings  & 
five  pence  Mi  Penny      \^Passed  January  24.^ 


S^the  CHAP  TEE    275. 

Council,  XX., 

Archives?'  ORDER  ALLOWING  £24.18.8  TO   JN^  ASHLEY, 

xxxii.,  423. 

MasB;  An  Accompt  presented  by  Capt  John  Ashley  one  of  the  Com- 

xxxii.,  422.       mittee  for  managing  the  Affairs  of  the  Indians  of  the  Six  Nations, 
Records^of  the  coming  to  Stockbridge  of  his  Expences  on  the  said  Indians : 

'  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  January  25. 


[3d  Sess.]     Peovince  Laws  {Resolves y  etc.).  — 1753-54.  119 

[Keport]  Eeacl  &  m'^House"* 

Ordered  that  the  Above  Eeport  be  Accepted  And  that  there  be  Journal, 
Allowed  &  paid  out  of  the  publick  Treasury  the  Sum  of  Twenty  province^" 
four  pounds  18/  8  the  Sum  of  the  within  Ace'  to  John  Ashley  Esq^  JhT^u-^sgf  ^' 
[^Passed  January  25. '  chap!  155. 


CHAPTER    276. 

VOTE  ALLOWING  £161.  15.  8  TO  JOSEPH  DWIGHT  ESQ^  AND  THREE 
RIGHTS  IN  THE  TOWNSHIP  LYING  BETWEEN  NORTHAMPTON  & 
POONTOSUCK. 

A  Memorial  of  Joseph  D wight  Esq^  shewing  that  in  his  Accompt  Legislative 
herewith  exhibited  of  his  Disbursem'^  on  the  Mohawk  Indians  at  councif.xx.,  ^ 
Stockbridge  there  is  contained  an  Article  of  Charge  for  the  Sub-  Archives^*^^' 
sistence  of  M'  Hollis's  Indian  Scholars,  put  under  the  Memorialists  xxxu.,  439. 
Care  by  Martin  Kellog  now  Dec'*  praying  that  the  whole  may  be  paid  Mass. 
out  of  the  publick  Treasury,  and  that  an  Allow*=®  may  be  made  for  xxxiiHs's. 
his  Service  in  Province  Lands  or  otherwise.  ^^^'^^i'"^^*^ 

mi        r,  •  •  T  •  T  1        -m-  •    T       i»    T  1     BecordB  or  the 

The  Committee  appointed  to  consider  the  Memorial  01  Joseph  councii.xix., 
Dwight  Esq""  with  the  Accompt  Accompanying   the   same,   have  jounmf,"^^ 
attended  that  Service,   examined  the  Accompts,   and  heard  him  J^^o^fn'^e^"^' 
thereon;  and  by  said  Accompt,  which  appears  to  be  right  Cast  &  Laws, xiv., 682, 
well  vouched,  they  find  that  he  hath  expended  the  Sum  of  Three  '^^^^'  ^^"' 
hundred  twenty  two  Pounds  nineteen  Shillings,  including  M''  Hol- 
lis's Seventeen  Boys,  &  has  received  but  £11.3.4  so  that  the  Bal- 
lance  due  to  him  is  £311.15.8  and  whereas  Capt  Martin  Kellog  had 
formerly  the  Care  of  M"^  Hollis's  Scholars,  both  as  to  Maintenance 
&  Instruction ;  for  which  he  usually  drew  Bills  of  Exchange  on  the 
said  M'  Hollis,  which  Bills  were  accepted  &  paid,  and  on  the  25  of 
February  last  Capt  Kellog  relinquished  that  Business,  &  committed 
the  same  to  the  Memorialist  Joseph  Dwight  Esq'  who  hath  had  the 
Care  of  the  seventeen  Boys  ever  since ;  whose  Maintenance  &  Edu- 
cation hath  been  at  least  One  hundred  &  fifty  Pounds  Charge. 

The  Committee  are  of  Opinion  that  the  said  Joseph  Dwight  Esq' 
be  desired  to  apply  himself  immediately  to  the  Executors  of  the 
said  Capt  Kellog,  to  procure  if  possible  fropi  them  a  Sett  of  Bills 
of  Exchange  on  M'  Isaac  Hollis,  payable  to  himself  or  Order  for 
£125  Sterling,  which  is  but  equal  in  Value  to  £150  Lawful  Money, 
the  Cost  of  their  Expenc.es  &  Education;  and  cause  the  same  to  be 
forwarded  to  M'  Hollis  for  Acceptance  &  Payment,  which  when  done, 
he  is  to  lodge  it  in  the  Province  Treasury  in  lieu  of  what  the  Prov- 
ince may  allow  on  his  Accompt  for  this  Service. 

And  whereas  the  said  Dwight  has  lain  out  of  £200  of  his  last 
Grant  for  more  than  twelve  Months,  and  hath  been  advancing  his 
own  Money  ever  since  for  the  Articles  of  his  present  Accompt,  and 
has  had  the  intire  Care  of  the  Mohawks  at  Stockbridge  the  last 
Year:  The  Committee  report  as  their  Opinion  that  .  .  .*  Acres 
of  the  Unappropriated  Lands  of  the  Province  be  granted  him  to  be 
contingent  to  some  Township  or  District  in  full  for  his  said  Services; 
a  Plat  thereof  to  be  returned  to  this  Court  within  twelve  Months  for 
Confirmation;  "Which  is  submitted. 

By  Order  of  the  Com'^^  J.  Quincy 

1  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  and  the  House  Journal  the  date  is  January  24. 

^  Sic,  in  both  copies  of  Legislative  Records  of  the  Council. 


120  Province  Laws  {Resolves,  etc.).  —  1753-54.  [Chaps.  277,  278.] 

The  within  Report  was  Read  &  Thereupon 

Voted  that  there  be  allowed  &  paid  out  of  the  Publick  Treasury 
to  Joseph  Dwight  Esq''  the  Sum  of  One  Hundred  &  sixty  one  pounds 
15/8  being  the  Ballance  of  his  Accompt  Exhibited  as  one  of  this 
Courts  Com*®  to  provide  for  the  Mohawks  at  Stockbridge  which  is 
Exclusive  of  the  Sum  of  One  Hundred  &  fifty  pounds  contained 
in  S**  Accompt  which  he  Supply'd  the  Indian  Boys  in  the  School 
(of  M'  Isaac  Hollis)  at  Stockbridge  And  that  there  be  &  hereby  is 
granted  Unto  the  S**  Jos  Dwight  his  Heirs  &  assigns  Three  Rights 
in  the  Township  Lying  between  Northampton  k,  Poontosuck  Ordered 
to  be  Opened  this  session  he  performing  the  Conditions  of  Settle- 
ment Upon  Each  of  S*^  Rights  which  Lands  are  in  full  Satisfaction 
for  his  Time  &  Expences  respecting  S**  Mohawks.  [^Passed  Jan- 
uary 25.'^ 

CHAPTEE    277. 

ORDER  APPOINTING  A  COM'^^=  FOR  REPRINTING  LAWS. 

Rifords'of  the  ^^  ^^^  ^^use  of  Representatives ; 

Council,  XX.,         Ordered  that  M"'  Speaker,  Samuel  Welles,  &  James  Otis  Esq"  with 

— '■ such  as  the  hon'^'^  Board  shall  join  be  a  Comm'"'  as  soon  as  may  be 

Archives,         ^^  causc  such  of  the  Laws  now  in  force,  which  have  not  been  bound 
nJuse  Jour^^'    "?'  ®^*^®^  among  the  Temporary  or  Perpetual  Laws,  to  be  inserted 
nai,  p.  200.     ■    in  their  proper  Places ;  and  if  any  of  them  are  out  of  Print  to  cause 
the  same  to  be  reprinted;  And  that  the  Titles  of  such  Laws  be  in- 
serted in  a  Page  at  the  begining  of  the  respective  Law  books. 

In  Council;  Read  &  Concur'd;  And  Samuel  Danforth  &  Joseph 
Pynchon  Esq"  are  joined  in  the  Affair.     \^Passed  January  25. "" 


CHAPTER    278. 

ORDER  RECOMMITTING  THE  REPORT  ON  THE  PET^  OF  THE  PUNCAPAUG 

INDNs. 

Refords^onhe       Samuel  Danforth  ,  Esq=  from  the  Committee  on  the  Pef^  of 
C0UJ10U.XX.,     Samuel  Moho  &  others  Puncapaug  Indians,  gave  in  their  Report. 
Archives, '  The  Committee  appointed  to  audit  the  Accompts  of  Samuel  miller 

xxxii.,  462. ^  John  Sheppard  Esq"  Guardians  of  the  Puukapog  Indians,  and  to 

Records  of  the  consider  of  some  method  for  repairing  the  Damages  sustained  by  said 
Council,  XX.,     Indians  in  the  strip  &  wast  made  on  their  Lands,  as  also  of  some 
House  Jour-      proper  method  for  this  Court  to  express  their  just  Displeasure  at 
i^'.'^ios'^^"  '^^®  ^^}^  Guardians  neglect  of  Duty;  having  attended  that  Service,  & 
chap'.  241.  '      examin'd  the  said  accompts,  &  heard  &  consider'd  the  Evidence  pro- 
duced in  support  of  the  several  articles  of  which  they  consist     are 
of  opinion  that  said  accompts  (as  amended  by  the  Committee)  be 
allow'd,  and  that  Samuel  miller  Esq''  stand  Charg'd  with   £1.5.1 
(the  Ballance  of  his  accompt,)  and  with  the  several  Bonds  &  prom- 
isary  Notes  therein  mentioned ;  and  that  John  Sheppard  Esq"" 

stand  chargeable  for  £8.18.6  the  Ballance  of  his  Acco'  also  that 
there  appears  to  be  due  to  the  Heirs  of  m'  Thomas  Wiswall  Dece'd 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  and  the  House  Journal  the  date  is  January-  24. 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  January  24. 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1753-54.  121 

(who  was  one  of  the  Guardians  of  s*^  Indians)  the  Sum  of  £3.6.10% 
upon  Ballance  of  his  Accompt.  and  in  relation  to  the  Damages  sus- 
tained by  said  Indians  in  the  Strip  &  wast  made  on  their  Lands,  the 
Committee  are  of  Opinion  that  inasmuch  as  this  Government  had 
by  a  Law  put  the  Lands  belonging  to  those  Indians  into  the  Hands 
of  Guardians  appointed  by  this  Court,  and  the  Damages  sustained, 
were  in  great  measure  occasioned  by  the  male  Conduct  of  Those 
whom  the  Government  had  intrusted  with  the  Care  of  S*^  Indians 
&  their  Interest  that  therefore  the  Sum  of  One  hundred  Pounds 
be  advanced  out  of  the  Publick  Treasury,  «&  put  into  the  Hands  of 
the  Guardian  or  Guardians  that  shall  be  appointed  for  said  Indians, 
by  them  to  be  Let  out  to  Interest  or  otherwise  applyed  for  the  said 
Indians  Comfort  &  Eelief     as  occasion  may  require. 

and  forasmuch  as  it  has  been  Eesolved  by  this  Court  (after  a  full 
Hearing  of  the  Parties  concern'd)  that  a  great  part  of  the  Strip  & 
Wast  mentioned  was  made  by  the  Privity  and  Connivance  of  the 
said  Sheppard,  &  some  part  actually  done  by  himself;  and  foras- 
much as  this  Court  are  by  the  Royal  Charter  expressly  authorized 
to  impose  Fines  &  mulcts  &  that  Power  in  the  opinion  of  the  Com- 
mittee cannot  be  exercised  with  more  Propriety  than  on  this  occa- 
sion as  the  said  Guardians  were  appointed  by  this  Court,  &  the 
abuse  suffer'd  by  the  Indians  was  done  under  Colour  of  authority 
derived  from  the  Government,  The  Committee  are  humbly  of  Opin- 
ion that  said  John  Sheppard  Esq'  be  mulcted  by  this  Court  in  the 
Sum  of  Eighty  Pounds  to  be  forth  with  paid  or  secured  to  be  paid 
into  the  Province  Treasury  for  the  Use  of  this  Government  and 
that  he  be  discharged  from  his  said  Guardianship  &  be  rendered 
incapable  hereafter  to  sustain  that  Trust,  or  any  other  Post  of  Trust 
or  Honour  under  this  Government. 

and  whereas  Samuel  Moller  Esq'  has  been  deemed  by  this 
Court  to  be  chargeable  of  Neglect  of  his  Duty  as  Guardian  to 
said  Indians  the  Committee  are  of  Opinion  that  he  be  dis- 
charged from  his  said  Trust  &  be  disabled  from  sustaining  the 
same  for  the  future  also  that  he  be  mulcted  the  Sum  of  Ten 
Pounds  to  be  forthwith  paid  or  secured  to  be  paid  into  the  Pub- 
lick  Treasury  for  the  Use  of  the  Province,  and  that  a  Bill  be  jDre- 
pared  accordingly,  which  is  humbly  submitted 

K>  order  Samuel  Danforth 

Read  »& 

Ordered  [that]  *  this  Report  be  Re-Committed  to  the  same  Com- 
mittee, And  that  they  make  Report  at  the  next  Sitting  of  this  Court. 
\^Passed  January  25."^ 


CHAPTEK    279. 

VOTE  FOR  DISMISSING  THE   GARRISON  AT  THE  FORT  AT  N''  4.  Legislative 

Records  of  the 
Council,  XX., 

Voted  that  from  and  after  the  20*''  Day  of  February  next  no  ^2    Mass. 
further  Provision  be  made,  for  the  Pay  &  subsistance  of  the  Ten  ixxiv.,  lee. 
men  now  posted  at  N°  4.  (So  Called),  and  that  the  Captain  General  Legislative 
be  Desired  to  Direct  Capt"  Phinehas  Stevens  to  take  care  that  the  ^^^"'^llf^  ^^x*.';'^ 
artillery  and  other  Warlike  Stores  there  be  Secured  for  the  Service  53.  House 
of  the  Government.     [Passed  Jatiuary  25.^  pp?16*,  205. 

*  Inserted  from  Legislative  Records  of  the  Council,  xx.,  182. 

-  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  January  24. 


122 


Province  luxyf^  {Resolves^  etc.).  — 1753-54.  [Chaps.  280-283.] 


CHAPTER    280. 

ORDER  ALLOWING  £75  TO   JOSEPH  DWIGHT,  ESQ". 


Legislative 
Records  of  the 
Council,  XX., 
183.    Mass. 
Archives, 
xxxii.,  464. 

miTif  "m^'  Ordered  that  the  Sum  of  Seventy  five  pounds  be  Allowed  &  paid 

Province  out  of  the  Publick  Treasury  to  the  Hon""  Joseph  Dwight  Esq''  to 

ch^!'?*!^''     '  Enable  him  to  provide  for  the  Mohawks  at  Stockbridge  he  to  be 
Accountable  therefor.     \^Passed  January  25. 


CHAPTER    281. 

ORDER  FOR  CHARG«  Y^^  LATE  TREAS^  WITH  MONEY  PAID  BY  BENJ'*' 

HOUSE. 


Legislative 
Records  of  the 
Council,  XX., 
183. 

House  Jour- 
nal, pp.  203, 206. 
Ante,  p.  32, 
chap.  64. 


Whereas  the  late  Treasurer  M''  Foye  has  in  his  List  of  Debts, 
that  he  exhibited  to  a  Committee  of  this  Court  chosen  at  their 
Session  in  May  last  represented  a  Debt  due  to  the  Government, 
an  hundred  &  twelve  Pounds  last  Emission  Money,  of  Benjamin 
House  of  Scituate,  Constable  for  the  Year  174-4;  and  it  appearing 
by  an  authentick  Copy  of  said  House's  Eeceipt,  that  he  paid  said 
Treasurer  Foye  &  his  Clerk,  the  full  of  the  Sum  committed  to  him 
to  collect.     Wherefore 

Ordered  that  the  said  William  Foye  Esq""  charge  himself  with  the 
said  Sum  of  One  hundred  &  twelve  Pounds  five  Shillings  last  Emis- 
sion Money;  and  that  M""  Treasurer  Gray  when  M''  Foye  is  charged 
with  said  Sum,  discharge  himself  thereof  accordingly.  [^Passed 
January  25. 


CHAPTER    282. 

ORDER  DIRECTING  THE  PROVINCE   TREASURER  TO  BORROW   £500,  AND 
TRANSMIT  THE  SAJVIE  TO  AGENT  BOLLAN. 


Legislative 
Records  of  the 
Council,  XX., 
183. 

House  Jour- 
nal, p.  207. 
Ante,  p.  43, 
chap.  93. 


Ordered  that  the  Province  Treasurer  be  directed  to  borrow  the 
Sum  of  Five  hundred  Pounds  Sterling  on  Interest,  the  Sum  granted 
to  M'  Agent  Bollan  this  Session,  to  enable  him  to  sollicit  the  Affairs 
of  the  Province  at  the  Court  of  Great  Britain,  &  transmit  the  same 
to  him  as  soon  as  may  be.     [^Passed  January  25. 


CHAPTER    283. 


Legislative 
Records  of  the 
Council,  XX., 
183.    Mass. 
Archives,  xix., 
85. 

Mass. 

Archives,  xix., 
83.    House 
Journal, 
pp.  193,  203. 


ORDER  IMPOWERING  WM  BOWDOIN  &  JAMES  BOUTINEAU  AND  OTHERS, 
GUARDIANS,  TO   SELL   REAL  ESTATE. 

A  Petition  of  William  Bowdoin  &  James  Bowdoin,  James  Pitts 
&  Elisabeth  his  Wife,  Balthazar  Bayard  &  Mary  his  Wife,  Melatiah 
Bourn  &  Mary  his  Wife,  &  the  said  William  Bowdoin  &  James  Bou- 
tineau  as  they  are  Guardians  of  the  five  Youngest  Children  of  the 
said  Balthazer  &  Mary  Bayard,  shewing  that  the  Eeal  Estate  of 
James  Bowdoin  Esq""  deceased,  wherein  they  are  concerned  is  already 
divided  among  the  Heirs,  saving  the  several  Houses  &  Lands  enu- 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  123 

merated  in  the  Pet°  &  for  as  much  as  clivers  of  the  Heirs  are  Minors,  ^^te,  p^78, 
whose  Advantage  it  will  be  to  have  the  Estate  sold ;  Therefore  Pray-  ^  ^^^' 
ing  that  their  Guardians  may  be  impowered  to  join  with  the  rest 
of  the  Heirs  in  making  Sale  of  the  said  Houses  &  Lands. 

[Eead  &] 

Ordered 

That  the  Prayer  of  the  Petition  be  granted,  &  that  "William  Bow- 
din,  and  James  Boutineau,  Gaurdians  to  the  Six  Children  of  Mary 
Bayard,  viz''  Mary  Bourn  (the  wife  of  Maletiah  Bourn)  James,  Wil- 
liam, Mehetible,  Phebe,  and  Sarah  Bayard  To  "Whome  the  Honour- 
able James  Bowdin  Esq'  Deceased,  gave  one  Seventh  part  of  Said 
Lands,  as  by  his  Last  Will  and  Testament  appears.  In  there  Capasety 
be  and  they  are  hereby  authorized,  to  Joyn  with  the  other  Relatives 
and  Coheirs  in  the  Sale  of  the  primisses  for  the  most  it  will  fetch, 
and  to  Execute  a  good  Deed  or  Deeds  of  Conveyance  of  the  Same, 
they  giving  publick  Xotice  thereof  (previous  to  the  Sale)  In  time 
and  manner  as  Prescribed  in  the  Law  of  this  Province  in  Such  Cases, 
They  giving  Sufficiant  Caution  to  the  Judge  of  Probate  for  the  County 
of  Suffolk,  that  the  Proceeds  of  Such  Sale,  Shall  be  Duely  applied, 
and  put  out  at  Interest  for  the  benifit  of  Mary  Bourn,  James,  Wil- 
liam, Mehetible,  Phebe,  and  Sarah,  Bayard,  the  Minors,  and  that 
both  Principle,  and  Interest,  be  Dilivered  them  (Necessary  Charges 
being  first  Deducted)  when  they  Shall  arive  at  Lawful  age.  The  Said 
Guardians  to  be  accountable  to  the  Judge  of  Probate  for  the  time 
being,  of  the  County  aifore  Said,  for  there  Proceedings  in  the  prim- 
esses.     {^Passed  January  25. 


CHAPTER    284. 

ORDER  IN  REGARD  TO  PETITION  OF  JN*^  KUSKSHAUMP  TO  SELL  LAND. 

A  Petition  of  John  Skusshaump*  of  Stockbridge,  Indian,  shew-  Legislative 
ing  that  by  Reason  of  thirteen  Years  Sickness  he  is  utterly  disabled  counc?f,  xx!f^ 
from  doing  any  Thing  for  his  Support,  praying  for  Liberty  from  this  ^^t'chivea^' 
Court  to  sell  Fifty  Acres  of  his  Wood  Land  lying  at  Stockbridge,  the  xxxii.,  436. 
Produce  to  be  laid  out  for  his  Support.  Mass. 

■D       ]    0,  Archives, 

xteaa  Cu  xxxii.,435. 

Orde7-ed  iha,t  John  Worthington  Esq'  Enquir  into  the  Circum-  ^^<]"^^  ^"g^"^- 
stances  of  the  pet'  and  if  he  think  proper  to  make  Sale  of  the  Land    '  •   •  -  • 
Mentioned  in  the  Pet°  &  Cause  the  produce  thereof  to  be  applyed 
for  the  support  &  maintainence  of  the  pet'  &  his  family.     [Passed 
January  25. 


CHAPTEE    285. 

ORDER  REFERRING  ALL  UNFINISHED  MATTERS.  Legislative 

Records  of  the 
Council,  XX., 

Ordered  that  all  Matters  now  before  this  Court  &  not  pass'd  on  iss^ 

be  referred  to  the  next  Sitting  of  the  Court,  &  have  the  same  Day  House  Jour, 
in  that  as  was  assigned  at  this  Sitting.     \Passed  January  25.  na  ,p. 

*  The  signature  in  Mass.  Archives,  xxxii.,  435,  is  "John  Kuskshaump.'' 


124:  Province  Laws  {Resolves,  etc.).  —  1753-54.     [Chap.  286.] 

CHAPTEK    286. 

VOTE   IN  REGARD   TO   THE   INDIAN  SCHOOL  AT  STOCKBRIDGE. 

Mass.  The  Committee  appointed  to  take  under  consideration  that  Par- 

xxxii.7460.       agraph  of  his  Excellency's  Speech  which  relates  to  the  cultivating 
Legislative       the  Friendship  of  the  Indians  of  the  Six  Nations  have  inquired  into 
Records ofthe  the  State  of  that  Affair  and  are  humbly  of  opinion  that  the  Oh- 
101.  House'    structions  which  it  hath  met  with  at  Stockbridge  have  been  in  a 
pp"ioi^202, 203.  great  measure  owing  to  an  unhappy  difference  between  divers  of 
Province  '       the  Persous  employed  in  that  Service.  But  as  One  of  them  is  now 
cha^^il-aT"'     '  dead  &  some  others  of  them  at  present  discharged  from  their  Ser- 
chap'.m^'*'      vice  at  Stockbridge  &  removed  elsewhere  and  as  there  yet  remains 
41  Persons  of  those  Tribes  at  Stockbridge  &  more  may  be  expected 
there  is  still  a  prospect  of  carrying  on  that  Affair  to  some  good 
purpose  if  a  suitable  person  was  appointed  by  this  Court  to  under- 
take the  more  immediate  instruction  and  Support  of  those  Indians 
which  now  are,  or  may  hereafter  come  to  Stockbridge. 

And  as  Cap"  Kellog  is  now  dead,  who  was  employed  by  M'  Isaac 
Hollis  of  London  to  educate  &  maintain  24  Indian  Youth  &  Chil- 
dren at  his  own  Expence,  &  as  M'  Hollis  has  now  no  Agent  in  the 
Province  to  carry  his  good  design  into  Execution:  The  Committee 
are  therefore  humbly  of  opinion  that  Brigadier  Dwight  (who  has 
since  the  decease  of  Cap"  Kellog  taken  care  that  the  Affair  should 
not  drop)  should  have  the  directions  of  this  Court  still  to  pursue 
the  design  for  six  months  longer  at  the  charge  of  the  Province 
except  M''  Hollis's  Orders  about  it  should  come  to  hand  sooner. 
And  that  a  Letter  be  wrote  to  M'  Hollis  recommending  said  M' 
Dwight  as  a  suitable  person  to  be  intrusted  by  him  with  the  further 
prosecution  of  that  Affair. 

The  Committee  are  further  of  Opinion  that  a  Letter  be  wrote  to 
the  Exec"  of  S'  Peter  Warren  dec**  desiring  that  they  would  give 
Orders  respecting  the  Sum  of  £700  Ster^  which  he  had  appropriated 
for  the  like  Service. 

Which  is  Humbly  submited  ^  Sam'-  Watts  ^  Ord"' 

Eead  &  Whereas  it  appears  that  Cp*  Martin  Kellogg  who  was 
Employed  by  M'  Isaac  Hollis  to  Support  &  Educate  at  his  Charge 
Twenty  four  Indians  Boys  is  Now  Dead  &  that  the  S*^  M''  Hollis 
School  must  Drop  Unless  some  person  be  Employed  to  take  care 
of  the  Same  Until  his  Order  be  Sent  to  Some  person  for  that  pur- 
pose from  great  Brittain     Therefore 

Voted  that  The  Hon'  Joseph  Dwight  Esq'  be  Impowered  at  the 
Charge  of  this  Government  to  Continue  the  S'^  School  at  Stock- 
bridge  Untill  the  S^  M'  Hollis  pleasure  be  Known  respecting  the 
Same  provided  it  Exceed  not  the  Term  of  Six  months  from  this 
time 

And  that  the  secretary  be  directed  to  write  to  the  Executors 
of  S'  Peter  Warren  Deceased  desiring  that  they  would  give  Orders 
Eespecting  the  sum  of  seven  Hundred  pounds  Sterling  which  he  had 
Appropiated  f or  the  Educating  of  the  Mohawk  Children.'  [Passed 
January  25."^ 

*  Not  found  in  Legislative  Records  of  the  Council. 

*  Adjourned  to  March  27.    See  the  House  Journal,  p.  207. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  125 

CHAPTER    287. 

ORDER  GRANTING  TO  EPHR^  SHERBURN  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Ephraim  Sherburn  of  Kittery,  Keeper  of  the  Legislative 
Ferry  between  Portsmouth  &  Kittery,  shewing  how  necessary  it  is  coundf  xx!^* 
that  there  should  be  some  Tavern  near  the  said  Ferry:  And  there-  i*'-  Mass.'' 
fore  praying  that  the  Court  of  General  Sessions  of  the  Peace  for  291?  ^^^^'^'^^'^ 


the  County  of  York  may  be  impowered  to  give  the  Pef  a  Licence  Mass. 

to  keep  a  Tavern  there :  io^^Hous'e''^'' 

Read  &  Journal,  p.  209. 

Ordered  that  the  prayer  of  the  petition  be  so  far  granted  that 
the  Justices  of  the  Court  of  General  Sessions  of  the  Peace  for  the 
County  of  York  at  their  Next  Term  (if  they  See  fit)  grant  License 
to  the  petitioner  to  keep  a  house  of  j)ublick  Entertainment  In  Kit- 
tery he  first  Obtaining  the  Approbation  of  the  Selectmen  of  S'^  Town 
the  time  for  granting  of  Licenses  being  Elapsed  Notwithstanding. 
[Passed  March  27. 


CHAPTER    288. 

ORDER  GRANTING  TO   WILL^'  KING  LICENCE   TO   SELL    STRONG    DRINK. 

A  Petition  of  William  King  of  Salem,  shewing  that  the  Pef  is  Legislative 
concerned  in  the  Fishery,  which  requires  the  Eetailing  of  Strong  councff  xi!^^ 
Liquors;  And  therefore  Praying  that  the  Court  of  General  Sessions  i?^"- 
of  the  Peace  may  be  impowered  to  grant  him  a  Licence  accordinfflv.  House  Jour- 
Read&  -^'P-^i*^- 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  granted  as  that 
the  Justices  of  the  General  Sessions  of  the  Peace  for  the  County 
of  Essex  at  their  present  Sessions,  if  they  see  fit,  be  &  hereby  are 
impowered  to  grant  the  Pef  a  Licence,  to  retail  Strong  Liquors  for 
the  ensuing  part  of  the  Year :  Provided  he  first  obtain  a  Recomenda- 
tion  from  the  Select  Men  of  Salem  for  that  Purpose ;  The  Time  for 
granting  Licences  being  elapsed  notwithstanding.    [Passed  Marcli  27. 


CHAPTER    289. 

ORDER  ACCEPTING  THE  ACCO^  OF  THE   COMMISSARY  GENERAL  OF  DIS- 
BURSEM^s  FROM  MAY  1751   TO  MAY   1752. 

On  the  Commissary   General's  Accompt   of  Disbursements  Legislative 
from  May  1.  1751.  to  May  1752,  Ballance  whereof  in  his  Favour  ^^^^clf  ^l*^^ 
is  £10,348.2.3  Old  Tenor.  i»-^- 

Read  &  House  Jour- 

0 r der ed  th&t  the  Sum  of  Ten  Thousand  three  hundred  &  forty  '^'^'PP--   > 
eight  Pounds  two  Shillings  &  three  pence  Old  Tenor  be  paid  to  the 
said  Commissary  General  accordingly.     [Passed  Marcli  28. 


126 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  290-292.] 


CHAPTEE    290. 


ORDER    ACCEPTING    THE    ACC'^    OF    THE    COMMISSARY    GENERAL    OF 
INDIAN  TRADE  FROM  MAY  1751   TO   MAY   1752. 


Legislative 
Records  of  the 
Council,  XX., 
192.     Mass. 
Archives, 
cxix.,  544,  545. 

Mass. 
Archives, 
cxix.,  543-545. 
House  Jour- 
nal, p.  204. 


On  the  Commissary  Generals  Accompt  of  the  Indian  Truck 
Trade  from  May  1751  to  May  1753,  Ballance  thereof  in  the  Prov- 
ince Favour  being  £30,132.15.2  Old  Tenor. 

The  Committee  having  Examin'd  the  witliin  account  find  the 
same  riglit  Cast,  &  well  Vouched,  and  that  the  Ballance  of  Thirty 
thousand.  One  hundred  and  thirty  two  pounds  15/2  Old  Tenor,  is 
due  from  John  "Wheelwright  Esq''  the  Officer,  for  Managing  the 
Indian  Trade,  to  31  May  1752  which  he  is  further  to  account  for 

J.  Osborne  ^  Ord' 

Read  &  Accepted  & 

Ordered  that  the  Commissary  General  be  further  Accountable  for 
the  S-^  Sum  of  30,132.15.2.     [Passed  March  28. 


CHAPTER    291. 


order    ACCEPTING    THE    ACCO^    OF    THE    COMMISSARY    GENERAL    OF 
PROVISIONS  FROM  MAY  1751   TO  MAY  1752. 


Legislative 
Records  of  the 
Council,  XX., 
192.    Mass. 
Archives, 
ccxlviii.,  47. 

Mass. 
Archives, 
ccxlviii.,  47. 
House  Jour- 
nal, p.  204. 


On  THE  Commissary  Generals  Specie  Account  from  May  1751 
to  May  1752,  Ballance  in  his  Hands  being  three  Barrells  of  Pork, 
ninety  four  i3ushels  &  one  quart  of  Pease. 

Examin'd  the  Account  of  Specie,  and  there  remains  due  to  the 
Province,  Three  "iTb  Pork,  and  Ninety  four  Bushells  &  14  of  pease, 
which  Jn*'  Wheelwright  Esq''  Commissary  General  is  further  to  ac- 
count for  J.  Osborne  ^  Ord^ 

Eead  Accepted  & 

Ordered  that  the  Above  report  be  Accepted  &  that  S*^  John  Wheel- 
wright Esq""  be  further  Accountable  for  the  s''  Three  Barrels  of  Pork 
&  Ninty  four  Bushel  &  one  Quart  of  Pease.     [Passed  March  28. 


CHAPTER    292. 


ORDER    ACCEPTING    THE    ACCO^    OF    THE    COMMISSARY    GENERAL 
DISBURSEM^s  FROM  MAY   1752  TO  MAY   1753. 


OF 


Legislative 
Records  of  the 
Council,  XX., 
192. 

House  Jour- 
nal, p.  204. 


On  the  Commissary  General's  Accompt  of  Disbursements  from 
May  1752  to  May  1753,  Ballance  in  his  Favour  being  £6,685.13  Old 
Tenor. 

Eead  & 

Ordered  that  the  said  Sum  of  Six  Thousand  Six  hundred  &  eighty 
five  Pounds  thirteen  Shillings  Old  Tenor  the  above  Ballance  be  paid 
to  the  Commissary  General  accordingly.      [Passed  March  28. 


[3d  Sess.]     Province  Laws  {Resolves^  etc).  — 1753-54.  127 


CHAPTEE    293. 

ORDER  ACCEPTING  THE  ACCO^  OF  THE  COMMISSARY  GENERAL  OF  IND^ 
TRADE   FROM  MAY   1753   TO   MAY  1754. 

Ox  THE  Commissary  General's  Accompt  of  the  Indian  Truck  ^f^rds^Jf  t^e 
Trade  from  May  1753  to  May  1754,  Ballance  -whereof  remaining  in  Coimcn.xx', 
Stock  being  £33,245.1.1  Old  Tenor.  ArcWveT' 

The  Committee  having  Examined  the  within  Acco'  find  the  same  cxix.,  5s-2, 596. 
right  cast  &  well  Vouched,  and  that  the  Ballance  of  Thirty  three  ^^^^^j^^^ 
thousand,  two  hundred,  &  forty  five  pounds  1/G  Old  Tenor,  is  due  cxix.,  582-596. 
from  Jn«  Wheelwright  Esq"^  the  Officer,  for  managing  the  Indian  ^au^^  soT" 
Trade,  which  he  is  further  to  Account  for 

J.   Osborne  ^  Ord'' 

Eead  Accepted  & 

Ordered  that  John  Wheelwright  Escf  be  further  Accountable  for 
the  Ballance  of  the  Above  Ace'  being  33,245.1/1  Old  Tenor.  \^Passed 
iMarch  28. 


CHAPTER    294. 

ORDER  ACCEPTING  THE  ACCO^  OF  THE  COMMISSARY  GENERAL  OF  PRO- 
VISIONS FROM  MAY  1752  TO  MAY  1753. 

On  THE  Commissary  Generals  Specie  Accompt  from  May  1752  ^Ifo^ds^of  tj^e 
to  May  1753,  Ballance  in  his  Hands  being  17  Barrells  of  Pork  &  38  council',  xx., 
Bushels  of  Pease.  •  Archfves?" 

Examin'd  the  within  account  of  Specie,  &  there  Piemains  due  to  ccxiviii-.'ss. 
the  Province,  Seventeen  Ijb  Pork,  thirty  eight  bushells  pease,  which  Mass. 
Jn°  Wheelwright  Esq'  Commissary  General  is  Further  to  account  ccxivm.,'5s. 
for  J.  Osborne  ^  Ord'      KpS^os. 

[Eeport]  Eead  &  Accepted  & 

Ordered  that  the  Above  report  be  Accepted  &  that  the  s'^  John 
Wheelwright  Esq^'be  further  accountable  for  the  s*^  Seventeen  BB^ 
of  Pork  &  Thirty  eight  Bush'  of  pease.      \^Passed  March  28. 


CHAPTER    295. 

ORDER  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE  ON  GOVERNM^ 
NOTES,  BILLS  &c^  BURNT  AND  DISCHARGING  THE  TREASURER  AC- 
CORDINGLY. 

Eeport  of  Government  Securities,  Lottery  Tickets,  Bills  &c*  Refords'Jf  the 
receiv'd  of  M''  Treas'  Gray.  council,  xx., 

Boston  March  21.  1754.  Eeceived  of  M'  Treasurer  Gray  irehiveTcm., 

Five  hundred  and  Sixty  five   Government   Securities,   redeemable  -^ 

the  twentieth  day  of  January  last,  amounting  to  Seven  Thousand  Ma^^j^-^^^  ^^jj 
fifty  eight  Pounds  three   Shillings   &   seven  pence;   The   Interest  213.  House 
thereon  Four  hundred   &  seventy  four  Pounds,  two   Shillings   &  Journal,  pp.  74. 
four  pence  half  penny  making  in  the  whole  Seven  Thousand  five 
hundred  &  thirty  two  Pounds,  five  Shillings  &  seven  pence  half 
penny:  also  Government  Securities  redeemable  the  31^'  of  Decern- 


128  Province  Laws  {Resolves,  etc.).  —  1753-54.  [Chap.  296.] 

ber  1751.  amounting  to  One  hundred  Sixty  nine  Pounds  twelve 
Shillings  &  four  pence;  the  Interest  and  Premium  Nineteen  Pounds 
ten  Shillings,  amounting  in  the  whole  to  One  hundred  eighty  nine 
Pounds  two  Shillings  &  f ourpence :  Also  Two  Notes  in  favour  of 
Alexander  M^Kenzie,  j)ayable  the  10""  of  June  1752,  for  Ten  Pounds 
each,  the  Interest  paid  thereon  Two  Pounds  eleven  Shillings  &  four 
pence,  amounting  in  the  Whole  to  Twenty  two  Pounds  eleven  Shil- 
lings &  four  pence ;  also  Thirty  seven  Benefit  Tickets  in  the  late 
Lottery  amounting  to  Eighty  seven  Pounds  twelve  Shillings,  the 
Interest  paid  thereon  Six  Pounds  five  Shillings  &  two  pence,  mak- 
ing in  the  whole.  Ninety  three  Pounds  seventeen  Shillings  &  two 
pence ;  Also  Ten  hundred  seventy  nine  Pounds  eighteen  Shillings 
&  nine  pence  in  Old  Tenor  Bills,  One  hundred  forty  five  Pounds, 
five  Shillings  and  eleven  pence  in  middle  Tennor,  Thirty  hundred 
&  seventy  Pounds  fifteen  Shillings  &  •  ten  pence  in  last  Emission 
Bills :  All  which  Bills  reduced  to  Lawful  Money  is  Eighteen  hun- 
dred &  fifty  nine  Pounds  four  Shillings  &  nine  pence,  which  we 
have  seen  burnt  &  consumed  to  Ashes,  a  true  Copy  Attest 

J.  Osborne  ^  Ord'^ 

Eead  &  Accepted  & 

Ordered  that  the  S'^  M""  Treasurer  Gray  be  &  hereby  is  Discharged 
of  the  Several  Sums  Abovementioned.     \_Passed  March  28. "■ 


CHAPTER    296. 

ORDER  IMPOWERING  MARY  CLARK,  ADM^,  TO   CONVEY  LAND. 

Recordfof  the  ^  PETITION  of  Mary  Clark  Administrate  of  the  Estate  of  Thomas 
Cquncif,  XX.,  Clark  late  of  Tewksbury  dec'^  praying  that  she  may  be  impowered 
Archives?'  to  re-convey  to  Samuel  Farmer  divers  Tracts  of  Land  in  Tewksbury 
xivi.,  340.'  which  he  had  in  the  Lifetime  of  the  said  Thomas  by  Deed  conveyed 
^^•'^88.  to  him  for  his  Security  in  Consideration  of  his  being  bound  with 

xivL.^sw.'         the  said  Samuel,  for  the  Payment  of  a  Debt  then  owing  by  the 
naTppS2n.  said  Samuel  to  Zechariah  &  Eeubin  Hardy,  now  discharged, 
[Bead  &] 

Ordered  that  the  Prayer  of  the  petition  of  Mary  Clark  adm^  &c. 
be  so  far  granted  as  that  the  Said  Mary  in  her  Said  Capacity  be  and 
hereby  is  authorized  &  impowered  to  make  and  Execute  a  good  & 
Sufficient  Deed  of  release  To  Samuel  Farmer  of  Tewksbury.  of 
the  Several  Tracts  &  peices  of  Land,  in  said  Tewksbury.  which  the 
Said  Samuel  formerly  Conveyed  to  Thomas  Clark,  (to  whose  Estate 
the  Said  Mary  is  adm^)  as  a  Security  to  him  the  Said  Thomas  for 
his  being  bound  with  him  the  Said  Samuel  Farmer.  To  Zechariah 
Hardy  &  Eeuben  Hardy,  which  Securities  the  said  Samuel  has  Since 
paid  &  discharged,  and  that  the  Said  Deed  So  Executed  by  the 
Said  Mary  in  her  Said  Capacity  shall  be  held  good  &  valid  to  all 
intents  &  purposes  as  tho  Executed  by  the  Said  Thomas.  {Passed 
March  28.' 

1  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  March  29. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  129 

CHAPTER    297. 

ORDER  GRANTING  TO  PELEG  BARKER  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Peleg  Barker  of  Pembrook  in  the  County  of  Plym-  Legislative 
outh  Inn-holder  shewing  that  he  is  about  to  remove  into  a  House  set  councif,  xx*.^^ 
ofE  to  him  of  his  Father's  Estate  Praying  that  the  Court  of  General  f%-J;ll^\^^ 
Sessions  of  the  Peace  for  the  said  County  may  be  impowered  to  licence  297?  ^^^'  *^^''' 
him  to  keep  a  Tavern  in  said  House.  Mass. 

rT?Qorl    (tT  Archives, cxi., 

L±teaa  »SJ  .    .         ,       r.      ^       n         .     ^  ■,     ,    296,29s.    House 

Ordered  that  the  Prayer  of  the  Petition  be  So  far  Granted  as  that  Jovirnai, 
the  Justices  of  the  Court  of  General  Sessions  of  the  Peace  to  be  ^^"  '  '"'" 
Holden  at  Plymouth  for  the  County  of  Plymouth  on  the  Third 
Tuesday  of  May  Next  be  Impowered  to  Grant  the  Petitioner  a 
Licence  If  they  See  Cause  to  Keep  a  Publick  Tavarn  in  the  Dwel- 
ling House  Sett  of  to  the  Petitioner  in  the  Division  of  the  Estate 
of  his  Father  Isaac  Barker  Standing  about  30  Eods  from  the  House 
the  Petitioner  now  Dwells  in  he  haveing  allready  obtained  an  appro- 
bation from  the  Select  men  of  Pembrook  for  that  Purpose  the  time 
by  Law  for  Granting  of  Licences  being  Elapsed  Notwithstanding. 
\_Passed  March  28.^ 

CHAPTER    298. 

ORDER    GRANTING    TO    ARCHELAUS    FULLER    LICENCE    TO    KEEP    AN 

INN. 

A  Petition  of  Archelaus  Fuller  of  Middleton  in  the  County  of  j^^^^'^^^^^jj 
Essex,  praying  that  the  Court  of  General  Sessions  of  the  Peace  for  council, xx., 
said  County  may  be  impowered  to  grant  him  a  Licence  to  keep  a  ArcMv^es^cxi., 
Tavern  in  the  House  lately  belonging  to  Nath^  Peabody  of  said  295. 
Town,  well  accomodated  &  situated  for  a  Tavern  &  lately  improved  House  Jour- 
f or  that  Use :  na ,  p.     . 

Read  & 

Ordered  that  the  prayer  of  the  pet°  be  So  far  granted  as  that  the 
Justices  of  the  Court  of  General  sessions  of  the  Peace  for  the  County 
of  Essex  be  Impowered  at  their  present  session  (if  they  See  fit)  to 
Grant  Licence  to  the  petitioner  to  keep  a  House  of  Publick  Enter- 
tainment in  the  Town  of  Middletown  he  first  Obtaining  the  Appro- 
bation of  the  Selectmen  of  s''  Town  for  that  purpose  the  time  for 
granting  of  Licences  being  Elapsed  Notwithstanding.  {Passed 
March  28.' 


CHAPTER    299. 

ORDER  IMPOWERING  THE  JUDGE  OF  PROBATE  FOR  THE  COUNTY  OF 
SUFFOLK  TO  ALLOW  THE  CLAIM  OF  THOMAS  HANCOCK  AGAINST  AN 
INSOLVENT  ESTATE. 

A  Petition  of  Thomas  Hancock  Esq'  shewing  that  he  is  Creditor  Legislative 
to  the  Estate  of  Henry  Johnson  late  of  Boston,  Shopkeeper  dec''  cqSxi!f^ 
which  has  been  represented  &  deemed  Insolvent,  and  the  Commis-  ^^^j^i^iass^.^ 
sioners  for  examining  Claims  had  returned  their  Report  thereon  loe. 

'  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  March  29. 


130 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  300,  301.] 


Mass.       ^^^    before  the  Pef  had  any  Knowledge  thereof,  Praying  that  he  may 
103,105.  House  be  allowed  to  give  in  bis  Claim,  and  upon  Proof  thereof  have  his 
pp^^09*^2ii        Proportion  of  the  Estate  with  the  other  Creditors. 
[Read  &] 

Ordered  that  the  Prayer  of  the  Petition  of  Thomas  Hancock  Esq^ 
be  So  far  granted  as  that  the  Judge  of  Probate  for  the  County  of 
Suffolk  be  and  hereby  is  authorized  &  imjDOwered  to  Examine  the 
Claim  of  the  S'^  Thomas  Hancock  Escf  to  the  Estate  of  Henry  John- 
son Dec'^  and  to  allow  the  Same  or  Such  part  of  it  as  the  Said  Judge 
Shall  think  Just  &  reasonable,  and  to  order  the  payment  of  his  the 
said  Thomas  Hancocks  proportionable  part  out  of  the  Avhole  of  S*^ 
Dec*^^  Estate,  as  proportioned  to  the  other  Creditors  and  that  the 
admin^  pay  the  Same,  out  of  the  Debts  rec*^  by  her  Since  the  Last 
proportioning  of  s''  Dec"^^  Estate.     \^Passed  March  28.^ 


CHAPTEE    300. 


Legislative 
Records  of  the 
Council,  XX., 
194.    Mass. 
Arcliives, 
cxvi.,  581. 

House  Jour- 
nal,pp.210,213. 


ORDER  FOR  CALLING  A  TOWN  MEETING  AT  BERKLEY. 

Ordered  that  Gershom  Crane  Esq'  &  M""  George  Caswell  Two  of  the 
Select  men  of  the  Town  of  Berkley  for  the  year  1753.  be  and  they 
hereby  are  Directed  &  impowered  to  issue  their  Warrant  Directed  to 
M'  John  Crane  of  said  Berkley. to  warn  a  Town  meeting  (as  soon  as 
may  be)  for  the  Choice  of  Town  officers  for  the  year  Ensueing  and 
the  said  John  Crane  is  hereby  authorized  &  impowered  to  warn  the 
said  meeting  accordingly  as  also  -to  notify  the  respective  Town  Offi- 
cers that  shall  be  Chosen  at  said  meeting  to  appear  &  Take  their 
oaths  respectively  before  such  Justice,  as  he  shall  be  ordered  & 
Directed  by  Warrant  from  the  Selectmen  or  Town  Clerk  &  the 
said  Town  officers  which  shall  be  Chosen  at  said  meeting.  &  notified 
as  afores*^  shall  be  as  much  obliged  (to  all  intents  &  purposes)  to 
serve  in  the  respective  offices  to  which  they  shall  be  Chosen  as  th6 
they  had  been  Chosen  in  the  month  of  March  Current.  \^Passed 
March  29. 


CHAPTER    301. 


Legislative 
Records  of  the 
Council,  XX., 
197.    Mass. 
Archives,  xix., 
108. 

Mass. 

Archives,  xix., 
107.    House 
Journal, 
pp.  213,214,217. 


VOTE  IMPOWERING  HENRY  &  ELIZABETH  PRENTICE,  GUARDIAN,  TO 
SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 

A  Petition  of  Henry  Prentice  of  Cambridge,  &  Elisabeth  his 
Wife,  late  Widow  of  Samuel  Healy  of  Boston  dec*^  &  Guardian  to 
his  Children;  Praying  for  Liberty  from  this  Court  to  sell  a  House 
&  Land  belonging  to  said  Healys  Estate  in  Boston,  the  Rent  whereof 
by  Reason  of  the  decayed  Condition  of  the  House,  will  but  a  little 
more  than  pay  the  Charge  of  Repairs : 

Read  and 

Voted  that  the  pet"  be  Impowered  to  dispose  of  the  House  and 
land  Mentioned  in  the  Petition  and  Make  «&  Execute  a  Deed  or 
Deeds  thereof  they  giving  Sufficient  Caution  to  the  Judge  of  Pro- 
bate for  the  County  of  Suffolk  that  the  monies  Arising  therefrom 
be  put  out  on  Interest  and  both  principal  &  Interest  duly  Applyed 
According  to  the  Will  of  the  Deceass  d.     \^Passed  April  1. 

>  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  March  29. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  -     131 

CHAPTER    302. 

VOTE  AUTHORIZING  THE  DIVISION  AND  DISTRIBUTION  OF  AN  ESTATE. 

A  Petition  of  Eichard  Hunt  for  his  Wife  Elisabeth  Hunt,  &  as  Legislative 
Guardian  to  her  Sister  Mary  Tothill  a  Minor,  Heirs  of  George  Shore  counc'if.xi!^^ 
their  Grandfather  dec*^  shewing  that  the  Real  Estate  of  the  said  i9t.  Mass."' 
George  Shore  lies  partly  in  the  County  of  Suffolk  &  partly  in  the  %i.^  ves.xix., 
County  of  Worcester,  and  foras  much  as  it  will  be  very  Inconvenient  MasI 
to  have  two  seperate  Settlements  thereof,  Praying  that  the  Judge  ArcMves,  xix., 
of  Probate  for  the  County  of  Suffolk  may  be  impowered  by  this  Journal, 
Court  to  settle  the  whole,  pp. 214,217. 

Read  & 

Voted  that  the  Judge  of  Probate  for  the  County  of  Suffolk  be 
&  hereby  is  Authorized  &  Impowered  to  Order  a  Division  and  Dis- 
tribution of  the  Whole  of  the  Lands  mentioned  in  the  pet"  as  well 
those  lying  in  the  County  of  Worcester  as  those  that  lie  in  the 
County  of  Suffolk.     \_Passed  April  1. 


CHAPTER    303. 

ORDER  GRANTING  TO   JAMES  KITTERIDGE  LICENCE   TO  KEEP  AN  INN. 

A  Petition  of  James  Kitteridge '  of  Tewksbury,  praying  that  Legislative 
this  Court  would  impower  the  Court  of  General  Sessions  of  the  councif,  xx!!'^ 
Peace  for  the  County  of  Middlesex,  to  grant  him  a  Licence  to  i9"-   Mass. 

1  m  •  •  1    m  Archives,  0X1., 

keep  a  Tavern  m  said  Town :  299^ 

Read  &  House  Jour- 

Ordered  that  the  prayer  of  the  Petition  be  So  far  granted  that  "*^'  ^'  "^' 
the  Justices  of  the  Court  of  General  sessions  of  the  peace  for  the 
County  of  Middlesex  be  &  hereby  are  Impowered  if  they  think  fit 
to  grant  a  Licence  to  the  jDef  to  keep  a  publick  House  of  Enter- 
tainment In  the  Town  of  Tweksbury  he  obtaining  the  approbation 
of  the  Select  men  of  S*^  Town  the  Time  for  Granting  of  Licences 
being  Elapsed  Notwithstanding.      {^Passed  April  2. 


CHAPTER    304. 

ORDER  FOR  SUNDRY  TRANSFERS  FROM  THE  APPROPRIATION  FOR 

GRANTS. 

Ordered  that  there  be  a  Transfer  made  from  the  Appropriation  Legislative 
of  Grants  of  the  Sum  of  Seven  Hundred  &  eighty  nine  pounds  7/6  ^^^°cn,  xx."^^ 
to  the  Appropriation  of  No  Establishments  202.  Mass.  ' 

Also  that  there  be  a  Transfer  made  from  the  Appropriation  of  223?  ^^^^'  ^ ' "' 
Grants  of  the  Sum  of  Six  Hundred  and  Twenty  eight  pounds  6/8  House  Jour- 
to  the  Appropriation  for  the  pay  of  the  Members  of  the  General  pr^'^^^^e^' 

Court  Laws,  ill.,  696, 

■  And  Also  that  there  be  a  Transfer  made  from  the  Appropriation  ^'^^p-  ^°' 
of  Grants  of  fifty  pounds  7/11  to  the  Appropriation  for  Contin- 
gencies.    {^Passed  Ap)ril  2. 

'  The  House  Journal,  p.  221,  reads,  "  Jun." 


132 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  305-307.] 


Legislative 
Records  of  the 
Council,  XX., 
202. 

Mass. 
Archives, 
xxxii.,  504. 
Legislative 
Records  of  the 
Council,  XX., 
194.    House 
Journal, 
pp.  216,  217,  222, 
224.    Ante, 
p.  116,  chap. 
269. 


CHAPTEE    305. 

VOTE    ALLOWING    £20    TO    THE    RELATIVES    OF    THE    STOCKBRIDGE 

INDIAN  KILLED. 

Voted  that  the  Sum  of  Twenty  Pounds  be  granted  and  as  soon 
as  may  be  transported  to  Brigadier  Dwight  &  M'  Timothy  Wood- 
bridge  at  Stockbridge,  and  they  desired  to  distribute  the  same  to 
the  near  Eelatives  of  Waupaumcorse,  the  Indian  that  was  killed 
there  the  last  Year,  and  that  the  Endeavour  to  satisfy  and  quiet 
the  Indians  at  Stockbridge  respecting  the  Death  of  said  Waupaum- 
corse and  the  Trial  had  thereon ;  the  said  Sum  to  be  inclusive  of 
the  Sum  of  Six  Pounds,  granted  the  last  Session  for  that  Purpose. 
\_Passed  April  2. 

CHAPTEE    306. 


Legislative 
Records  of  the 
Counq^l,  XX., 
202.    Mass. 
Archives, 
xxxii.,  503. 

Mass. 
Archives, 
xxxii.,  502. 
House  Jour- 
nal, pp.  217,  220. 
Province 
Laws,  xiv.,  718, 
chap.  221. 


ORDER  IMPOWERING  STEPHEN  DAVID,  INDIAN,  TO  SELL  LAND. 

A  Petition  of  Stephen  David  of  Tetticut  Indian,  Praying  for 
Liberty  from  this  Court  to  sell  a  Tract  of  Land  in  said  Place 
belonging  to  him,  consisting  of  about  Forty  one  Acres  for  Pay- 
ment of  his  Debts  contracted  by  Sickness  &q,^ 

[Eead  &] 

Ordered  that  the  Prayer  of  the  Petition  of  Stephen  David  Indian 
man  be  so  far  granted  as  that  the  Petitioner  with  the  advice  &  Con- 
sent of  the  Guardians  of  the  Titicut  Indians  be  and  hereby  is  Au- 
thorized &  impowered  to  make  sale  of  the  peice  of  Land  in  said 
Petition  mentioned  for  the  most  the  same  will  fetch  and  to  make 
&  Execute  a  good  and  Sufficient  Deed  or  deeds  of  the  same,  to  the 
purchaser  or  purchasers  their  heirs  &  assigns,  and  the  said  Guar- 
dians are  also  hereby  Directed  to  see  that  Justice  be  done  the  peti- 
tioner in  the  sale  thereof,  and  also  Take  Care  that  the  money  arising 
by  Said  Sale  be  Duely  applyed  for  the  payment  of  the  Petitioner's 
Just  Debts.     \_Passed  April  2. 


CHAPTEE    307. 


Legislative 
Records  of  the 
Council,  XX., 
203. 

House  Jour- 
nal, p.  223. 


ORDER  GRANTING  TO  NATHi-   RICHARDSON  LICENCE   TO    SELL    STRONG 

DRINK. 

A  Petition  of  Nathaniel  Eichardson  of  Boston,  praying  that  the 
Court  of  General  Sessions  of  the  Peace  for  the  County  of  Suffolk 
now  sitting  in  Boston  may  be  impowered  by  this  Court  to  grant 
him  a  Licence  to  retail  strong  Drink  in  his  House  in  the  said  Town, 
where  he  now  dwells. 

Eead  & 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  granted  that 
the  Court  of  General  Sessions  of  the  Peace,  for  the  County  of  Suf- 
folk at  their  present  Session,  be  &  hereby  are  impowered  &  enabled 
if  they  see  fit,  to  grant  the  Petitioner  Licence  to  be  a  Eetailer  of 
Strong  Liquors  in  the  House  where  he  now  dwells,  he  first  obtain- 
ing the  Approbation  of  the  Select  Men  of  the  Town  of  Boston  for 
that  Purpose,  The  Time  for  granting  Licences  being  elapsed  not- 
withstanding.    \_Passed  April  3, 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  —  1753-54.  133 

CHAPTEE    308. 

ORDER  GRANTING  A  GUN  TO  MARY  LAKEMAN,  ADM^. 

A  Petition  of  Mary  Lakeman  Administ^  of  the  Estate  of  her  Legislative 
Son  Sylvanus  Lakeman  jun'  dec'^  Praying  that  she  may  be  allowed  coun^cif.xyil'^ 
for  a  Gun  of  his  which  was  lost  whilst  he  was  a  Soldier  in  the  Ser-  "j^rcM^es^^' 
vice  of  this  Province.  ixxiv.,  92! 


Read  &  House  Jour- 

Orderecl  that  the  petitioner  be  allowed  to  take  out  of  the  Com-  nai, pp. 213, 223. 
missary  Generals  Store  a  Gun  or  Guns  Amounting  to  the  Value  of 
one  j)ound  twelve  Shillings  in  full  Consideration  for  the  Loss  of  the 
Gun  Mentioned  in  the  petition.     [^Passed  A2Jril  S. 


CHAPTEE    309. 

ORDER  GRANTING  TO  DAN^-  HEWS  LICENCE  TO  KEEP  AN  INN. 


A  Petition  of  Daniel  Hews  of  Wrentham,  setting  forth  the  need  Rifords'of  the 
Travellers  have  of  an  Inn  about  the  Place  where  he  dwells,  Praying  council,  xx., 
that  the  Court  of  General  Sessions  of  the  Peace  for  the  County  of  Archives^.^cxi., 
Suffolk  may  be  impowered  to  grant  him  a  Licence,  ^^ 

Eead  &  Mass. 

Ordered  that  the  prayer  of  the  petition  be  So  far  granted  that  300.  House'  "' 
the  Justices  of  the  Court  of  General  sessions  of  the  peace  for  the  Journal,  p.  224. 
County  of  Suffolk  at  their  Present  Session  be  &  hereby  are  Impow- 
ered (if  they  think  fit)  to  Licence  the  Pet"  to  keep  a  House  of  Pub- 
lick  Entertainment  In  Wrentham  he  Obtaining  the  Approbation  of 
the  Select  men  of  S*^  Town  for  that  purpose  the  time  for  Granting 
of  Licences  being  Elapsed  Notwithstanding.     \^Passed  April  3. 


OxlAxlEK      dlO.  Records  of  tlie 

Council,  XX., 
203.    Mass. 
RESOLVE  FOR  SEND«  COMMISSks  TO  ALBANY.  Archives, 

xxxii.,  505. 


Resolved  that  Commissioners  be  Sent  on  the  part  of  this  Govern-  Rlforlfs'^Jf  the 
ment  to  the  Proposed  Interview  with  the  Indians  of  the  six  Nations  council,  xx., 
at  Albany  in  June  Next.     \_Passed  Ajyril  3.  joumat^pf 223. 


CHAPTEE    311. 

RESOLVE   GRANTING   £300  FOR  A  PRESENT  TO   THE   SIX   NATIONS    AND  Legislative 
TO   DEFRAY   EXPENSES   OF   COMMISSIONERS   TO   ALBANY.  Coun^clf,  xx*. 

203.    Mass. 

Resolved  that  the  sum  of  Three  Hundred  pounds  be  granted  »&  xxxiirsoe. 
paid  out  of  the  publick  Treasury  in  Order  to  purchase  a  Suitable  House  Jour- 
present  to  be  given  the  Indians  of  the  Six  Nations  &  to  defray  the  nai,  p.  223. 
Charges  of  the  Genf^  that  may  be  sent  as  Commissioners  to  the  pro-  310.    ' 
posed  Interview  at  Albany  In  June  Next.     [^Passed  Ajjril  3. 


134 


Province  Laws  {Besolves, etc.).  — 1753-54.  [Chaps.  312,  313.] 


Legislative 
Records  of  the 
Council,  XX., 
203.    Mass. 
Archives,  cxi., 
303. 

Legislative 
Records  of  the 
Council,  XX., 
•204.    House 
Journal,  p.  223. 


CHAPTEK    312. 

ORDER  GRANTING  TO  JOHN   STERNS   AND    DAVID    DAY    LICENCES    TO 

KEEP  INNS. 

A  Petition  of  John  Sterns  &  David  Day  both  of  Attleboro,  Pray- 
ing that  the  Court  of  General  Sessions  of  the  Peace  for  the  County 
of  Bristol  may  be  impowered  to  grant  them  Licences  to  keep  Taverns 
in  the  said  Town. 

Read  & 

Ordered  that  the  prayer  of  the  petition  be  so  far  granted  that  the 
Court  of  General  sessions  of  the  peace  for  the  County  of  Bristol  at 
their  Next  Term  be  &  hereby  are  Impowered  if  they  think  fit  to 
Licence  the  petitioners  each  of  them  to  keep  a  House  of  Publick 
Entertainment  in  the  Town  of  Attleboro  they  Obtaining  an  ap- 
probation of  the  selectmen  of  S'^  Town  for  that  purpose  the  time 
for  granting  Licences  being  Elapsed  Notwithstanding.  \_Passed 
Aprils.' 


CHAPTEK    313. 


RESOLVE  IN  REGARD  TO  THE  POWERS  OF  THE    COLLECTORS    OF    THE 

TOWN   OF  STOW. 


Legislative 
Records  of  the 
Council,  XX., 
204.    Mass. 
Archives, 
cxvi.,5T9. 

House  Jour- 
nal, pp.  217, 225. 
Province 
Laws,  i.,  156, 
chap.  20. 


A  Petition  of  the  Town  of  Stow,  shewing  that  the  Inhabitants 
of  the  said  Town  in  December  last  at  a  regular  Town  Meeting  ap- 
pointed John  Whitman  &  Abraham  Whitney,  Collectors  of  a  Tax 
assessed  on  the  Inhabitants  for  building  a  Meeting  House,  &  Lists 
with  Warrants  thereon  were  committed  to  them ;  but  for  as  much 
as  it  is  probable  that  Difficulties  may  arise  from  their  not  being 
chosen  in  the  Month  of  March,  Praying  that  this  Court  would  con- 
firm the  said  Collectors  in  said  Office. 

[Read  &] 

Resolved  that  the  prayer  of  this  Petition  be  so  far  granted,  as 
that  y^  s*^  John  Whitman  and  Abraham  Whitney  the  Collectors 
therein  mentioned  and  each  of  them,  be  and  hereby  are  fully  im- 
powered and  authorised  to  compleat,  and  make  a  full  Collection  of 
the  severall  Sum  and  Sums  in  each  of  s''  Lists  and  Assessments,  in 
this  Petition  mentioned. &  Committed  to  them  by  the  Assessors  as 
therein  sett  forth  agreable  to  their  respective  Warrants  from  y®  s*^ 
Assessors  and  that  they  pay  the  Same  to  the  Treasurer  of  the  s'* 
ToAvn  of  Stow  according  to  the  Directions  in  the  same  Warrant; 
and  in  y®  Collecting  and  gathering  in  the  same,  they  observe  the 
Directions  of  the  Province  Law,  as  other  Collectors  are  obliged  to 
do,  for  collecting  any  Assesm*^  committed  to  them  to  collect,  and 
that  they  be  and  are  hereby  invested  with  as  full  power  &  authority 
to  levy  &  collect  the  same  Assessm*^  in  each  of  s'^  Lists  mentioned, 
as  any  other  Collector  or  Collectors  of  any  Town  within  this  Prov- 
ince are  invested  withall,  their  not  being  chosen  into  s''  Office  in 
y^  Month  of  March  notwithstanding.      \J^assed  Ajiril  5. 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  April  5. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54:.  135 

CHAPTER    314. 

ORDER  GRANTING  TO  PELET"  MAN  LICENCE   TO  KEEP  AN  INN. 

A  Pet^  of  Peletiah  Man  of  Wrentham,  Praying  that  the  Court  Refo^|f**^^tijg 
of  General  Sessions  of  the  Peace  for  the  County  of  Suffolk  may  council,  xx., 
be  impowered  to  grant  him  a  Licence  to  keep  a  Tavern  in  the  said  Archives^cxi 
Town :  ^93. 

Read  &  Archives  cxi 

Ordered  that  the  prayer  of  the  Petition  be  so  far  granted  that  the  29-2.  Leglsia-'' 
Court  of  General  sessions  of  the  peace  for  the  County  of  Suffolk  be  thL^ccmnco^  ^* 
&  hereby  Are  Authorized  &  Impowered  if  they  See  fit  at  their  pres-  xx.,  204 
ent  session  to  grant  Licence  to  the  Petitioner  to  keep  a  House  of  nai,pp.22o,22i. 
Publick  Entertainment  in  AVrentham  he  first  Obtaining  the  appro- 
bation of  the  selectmen  of  Said  Town  the  Time  for  Granting  of 
Licences  being  Elapsed  Notwithstanding.     {^Passed  Ajjril  5. 


CHAPTER    315. 

ORDER  IMPOWERING  THE  JUDGE  OF  PROBATE  FOR  MIDDLESEX 
COUNTY  TO  TAKE  NEW  SECURITY  FOR  FULFILLING  THE  WILL  OF 
JOSEPH  READ. 

A  Petition  of  Hannah  Symonds  Administ^  of  the  Estate  of  her  Legislative 
former  Husband  Nathaniel  Read  of  Woburn  dec'^  with  others,  shew-  councu!  xx!*^^ 
ing  that  the  said  Nathaniel  being  Executor  &  Residuary  Legatee  in  ^•''-  }^^^^- .' 
the  Will  of  his  Father  Joseph  Read  dec'^,  was  bound  to  pay  Debts  and  102.        ' '  "' 
Legacies  with  two  Bonds  Men,  for  whose  Security  he  made  a  Deed  Mass. 
of  Sale  for  the  Consideration  of  the  Payment  of  Money  to  the  said  ^i'^^'housc^^"' 
Bonds  Men,  out  of  the  said  Lands,  &  now  the  said  Bonds  Men  refuse  Journal,  p.  226. 
to  deliver  up  their  said  Deed  unless  their  Bonds  be  cancel'd;  There- 
fore Praying  that  the  Judge  of  Probate  for  the  County  of  Middlesex 
may  be  impowered  to  take  other  Bonds  at  his  Discretion,  &  cancel 
the  Bonds  above  mentioned. 

Read  & 

Ordered  that  the  Prayer  of  the  Petition  be  granted ;  And  that  the 
Judge  of  Probate  for  the  County  of  Middlesex  be  impowered  to  take 
new  Security  for  fulfilling  the  last  Will  &  Testament  of  the  deceased 
therein  named ;  And  (upon  such  Security  given  to  his  Acceptance) 
to  deliver  up  or  cancell  the  Bond  formerly  given  by  Nath'  Reed 
deceas'd  (the  Executor  in  said  Will  named)  for  the  faithful  dis- 
charge of  his  said  Trust.     \_Passed  April  5. 


CHAPTER    316. 

ORDER  GRANTING  TO   THO^  BELL  LICENCE   TO  KEEP  AN  INN. 

K  Petition  of  Thomas  Bell  of  Roxbury,  praying  that  the  Court  ]^^f  rd"^f  th 
of  General  Sessions  of  the  Peace  for  the  County  of  Suffolk  may  be  council, xx., 
impowered  at  their  present  Session  to  grant  the  Petitioner  a  Licence  A^cw^ves^cxi. 
to  keep  an  Inn  in  the  said  Town,  soe. 


136 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  317,  318.] 


Mass.  PpQrl   Rr 

Archives  cxl  xlcdu  tv 

805.  House  ''  Ordered  that  the  Prayer  of  the  Petition  be  so  far  Granted  that 
Journal,  p.  224.  ^j^^  q^^^^^  ^^  General  Sessions  of  the  Peace  for  the  County  of  Suf- 
folk at  their  Present  Session  be  Impowerecl  (if  they  think  fit)  to 
.  Grant  a  Licence  to  the  petitioner  to  kee^j  a  House  of  Publick  Enter- 
tainment in  S**  Town  he  Obtaining  the  Approbation  of  the  Select 
men  of  S*^  Town  for  that  purpose  the  time  for  granting  of  Licences 
being  Elapsed  Notwithstanding.     \^Passed  A2)ril  6. 


CHAPTER    317. 


liegislatlve 
Becords  of  the 
Council,  XX., 
205.    Mass. 
Archives,  cv., 
475. 

Mass. 

Archives,  cv., 
473.    House 
Journal, 
pp.214,  225. 


ORDER  CONFIRMING  THE  RATE  LISTS  OF  THE  ASSESSORS  OF  THE  FIRST 
PARISH  IN  BOXFORD. 

A  Petition  of  John  Foster  Agent  for  the  first  Parish  in  Box- 
ford,  setting  forth  some  Mistakes  in  the  Assessors  Eate  Lists  and 
Warrants  for  collecting  their  Parish  Taxes  in  the  Year  1752,  by 
which  Means  Difficulties  are  like  to  arise  in  collecting  the  same ; 
Praying  this  Court  to  provide  a  Eemedy  therefor. 

Eead  & 

Ordered  that  the  prayer  of  the  petition  be  So  far  granted  that 
the  warrants  and  rate  Lists  made  by  the  assessors  of  the  first  Parish 
in  Boxford  for  the  Year  1752  And  Committed  to  Nath^'  Burnham 
&  Jacob  Cummings  Collectors  of  S*^  Parish  for  that  Year  which 
are  Defective  by  reason  they  are  Improperly  dated  &  were  not 
Compleated  till  the  time  was  Elapsed  in  which  they  Should  have 
been  Be  &  hereby  are  deemed  Valid  &  Good  to  Answer  the  Intents 
and  purposes  of  them  as  tho  there  had  been  no  Defect  therein  And 
that  the  S*^  Collectors  be  Injoiued  to  Collect  the  money  Yet  Due 
on  S**  Lists  And  pay  the  Same  to  the  Treasurer  of  S**  Parish  on  or 
before  the  last  day  of  may  Next  the  afores"  Defects  Notwithstand- 
ing.    {^Passed  April  5. 


Legislative 
Records  of  the 
Council,  XX., 
206.    Mass. 
Archives, 
xxxli.,  491. 

House  Jour- 
nal, pp.  216, 227. 
Province 
Laws,  xlii.,  45, 
chap.  74;  xiv., 
718,  chap.  221. 


CHAPTER    318. 

ORDER  IMPOWERING  STEPHEN  DAVID,  INDIAN,  TO   CONVEY  LAND. 

A  Petition  of  Stephen  David  of  Tetticut  Indian,  shewing  that 
in  the  Year  1741,  by  Leave  from  this  Court  he  sold  a  Quantity  of 
Land  to  Elkanah  Leonard  Esq'  that  by  a  Mistake  in  drawing  the 
Deed  there  was  more  Land  than  was  intended,  and  for  as  much  as 
the  Petitioner  has  received  a  full  Satisfaction  for  the  same ;  Praying 
the  said  Sale  may  be  confirmed : 

Eead  & 

Ordered  that  the  prayer  of  the  petition  be  so  far  granted  as  that 
the  Said  Stephen  (with  the  Consent  of  the  Guardians  of  the  Teticut 
Indians)  be  Impowered  to  make  &  Execute  a  Good  &  Sufficient  Deed 
of  Confirmation  of  the  lands  Contained  in  the  bounds  of  the  Land 
in  the  Deed  Mentioned  in  the  Petition  to  the  S*^  Elkanah  Leonard 
Esq'  his  heirs  &  assigns  he  paying  for  the  Lands  Mentioned  in  S** 
Deed  &  Not  Intended  to  have  been  Conveyed  In  the  Same  propor- 
tion as  was  paid  for  the  other  land  Mentioned  in  S*^  Deed.  ^Passed 
April  5. 


[3d  Sess.]     Province  Laws  [Resolves,  etc.).  — 1753-54.  137 


CHAPTEK    319. 

ORDER  IMPOWERING  HANN"  ROBBINS,  INDIAN,  TO  SELL  LAND. 

A  Petition  of  Hannah  Eobbins  of  Tetticut,  Indian,  shewing  that  Klford^olthe 
she  has  been  put  to  great  Expence  by  Means  of  the  King's-evil  &  councn.xx., 
other  Distempers  which  have  followed  her  for  many  Years,  and  She  ArcMv^es^cv., 

has  contracted  considerable  Debts  thereby,  therefore  Praying  for  ^ 

Liberty  to  sell  the  whole  of  her  Lands  in  Middleboro,  or  so  much  Mass. 
thereof  as  will  discharge  her  Debts,  435.  House  ' 

[Read  &]  ^!he. 

Ordered  that  the  prayer  of  the  Petition  of  Hannah  Robens  be  Province 
So  far  granted  as  that  the  Said  Hannah  be  &  hereby  is  authorized  chap.Vii. "''  ' 
&  impouerd,  (with  the  Consent  of  the  Guardians  of) '  the  Titticut 
Indians  to  make  sale  of  the  peice  of  Land  in  Said  Petition  men- 
tioned for  the  most  the  Same  will  fetch  and  to  make  &  Execute  a 
good  and  Sufficient  Deed  or  deeds  of  the  Same  to  the  purchaser  or 
Purchasers  their  heirs  &  assigns,  and  that  the  Said  Guardians  Take 
Care  that  the  money  arising  by  said  Sale  be  Duely  applyed  for  the 
payment  of  the  Just  Debts  of  the  petitioner,  and  if  there  be  any 
overplus  the  said  Guardians  to  Take  Care  that  it  be  Secured  on 
Interest  and  Distributed  to  her  as  her  necessity  Call's  for  it.  [Passed 
April  5. 


CHAPTER    320. 

VOTE    IMPOWERING    THO^    GREEN,   EXECUTOR,   TO    ENTER    A    CLAIM 
AGAINST   AN   ESTATE. 

A  Petition  of  Thomas  Greene  sole  Executor  of  the  Testament  Legislative 
of  Caleb  Lyman  of  Boston,  shewing  that  by  Reason  of  the  Intricacy  council,  xx., 
of  the  Accounts  between  the  said  Lyman  and  Thomas  Baxter  dec''  Archives^^xix., 
he  was  prevented  from  giving  in  his  Claim  in  behalf  of  the  said  i-3- 
Lymans  Estate  to  the  Commissioners  appointed  to  examine  the  Mass. 
Claims  of  the  Creditors  to  the  said  Baxters  Estate  'till  they  had  m?"House^^'' 
made  their  Report,  praying  that  he  may  be  now  admitted  to  give  Journal,  p.  225. 
in  his  Claim,  and  upon  proving  the  same  he  may  be  allowed  his 
Proportion  with  the  other  Creditors  of  the  said  Thomas  Baxters 
Estate  by  the  Judge  of  Probate : 

Read  and 

Voted  That  the  Prayer  of  the  Petition  be  so  far  granted  as  that 
the  Petitioner  in  his  said  Capacity  be  and  he  hereby  is  impowered 
to  exhibit  his  said  Claim  to  the  Judge  of  Probate  &c  for  the  County 
of  Suffolk  who  is  impowered  to  examine  the  same  allow  so  much 
thereof  as  shall  appear  due  and  to  direct  the  Surviving  Execut^  of 
the  said  Tho^  Baxter  in  her  Capacity  to  pay  the  same  to  the  Peti- 
tioner in  the  next  Dividend  in  such  Proportion  as  the  other  Creditors 
already  have  or  shall  then  receive.     [Passed  April  5."^ 

'  Sic,  as  to  parenthesis,  though  in  the  State  Library  copy.  Legislative  Records  of  the 
Council,  XX.,  203,  the  parenthesis  follows  the  words,  "Titticut  Indians." 

-  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  April  10. 


138 


Province  Laws {Eesolves, etc.).  — 1753-54.  [Chaps.  321-323.] 


CHAPTER    321. 


Legislative 
Kecords  of  the 
Council,  XX., 
207.     Mass. 
Archives, 
xxxii.,  507. 

House  Jour- 
nal, p.  228. 


ORDER  DIRECTING  THE  COMMISSARY  GENERAL  TO  MAKE  PROVIS^  FOR 

AN  IND^  BOY. 

Ordered  that  the  Commissary  General  be  directed  to  provide  Suit- 
able Gloathing  Billeting  &  Schooling  for  the  Indian  Boy  who  lately 
Came  from  the  Eastern  parts  of  the  Province  to  the  Town  of  Boston. 
\Passed  April  6. 


CHAPTER    322. 


Legislative 
Records  of  the 
Council,  XX., 
207.    Mass. 
Archives,  xix., 
94^ 

Mass. 

Archives,  xix., 
93.    House 
Journal,  p.  229. 
Province 
Laws,  ii.,  151, 
chap.  10. 


ORDER  IMPOWERING  BENJ^  WOODBURY,  GUARDIAN,  TO  SELL  LANDS. 

A  Petition  of  Benjamin  Woodberry  of  Worcester,  Guardian  of 
John  White  a  Person  Non  Compos,  Shewing  that  his  little  Personal 
Estate  is  wholly  expended,  &  therefore  Praying  that  the  Petitioner 
may  be  impowered  to  sell  a  Peice  of  Land,  belonging  to  the  said 
White  lying  in  the  Town  of  Bedford  in  the  County  of  Hampshire, 
for  his  further  Support. 

Eead  & 

Ordered  that  the  Prayer  of  the  Petition  be  granted  for  the  Pur- 
poses therein  mentioned  &  that  the  Petitioner  be  &  hereby  is  im- 
powered to  make  Sale  of  the  Lands  within  mentioned  for  the  most 
the  same  will  fetch,  &  to  execute  a  good  Deed  or  Deeds  in  the  Law 
to  the  Purchaser  or  Purchasers  thereof,  he  observing  the  Rules  pre- 
scribed in  the  Law  as  to  the  Sale  of  Intestate  Estates  &  giving  Bond 
to  the  Judge  of  Probate  for  the  County  of  Worcester  to  be  account- 
able for  the  Mony  arising  by  such  Sale.     [Passed  April  8. 


CHAPTER    323. 


Legislative 
Kecords  of  the 
Council,  XX., 
135.    Mass. 
Archives, 
xliii.,  692. 

Legislative 
Records  of  the 
Council,  XX., 
207.    House 
Journal, 
pp.  139a,  215, 
230. 


ORDER  IMPOWERING    JN^  PEIRSON    TO    BRING   FORWARD    A   WRIT    OF 

REVIEW. 

A  Petition  of  John  Peirson,  shewing  that  Judgment  went  against 
him  at  the  Superiour  Court  for  the  County  of  Essex  in  June  last  upon 
a  Writ  of  Review  (of  a  former  Judgment)  brought  against  him  by 
Johnson  Lunt,  that  the  Verdict  of  the  Jury  was  wholly  founded  on 
an  Evidence  of  the  said  Lunts  Brother,  which  was  not  allowed  to  be 
good  by  the  Court;  Therefore  praying  he  may  be  allowed  another 
Trial  of  the  said  Cause. 

The  Committee  to  whom  was  referred  the  Petition  of  John  Pear- 
son have  heard  the  Parties  on  both  sides  well  considered  the  Papers 
on  the  Several  Tryals  are  of  Opinion  that  the  Prayer  of  the  Petition 
be  granted  and  that  the  Petitioner  be  admitted  to  a  rehearing 
All  which  is  humbly  Submitted 

^  Order  James  Minot 

Read  and 

Ordered  that  this  Report  be  Accepted  and  that  the  Petitioner  be 
and  he  hereby  is  impowered  to  bring  forward  his  Writt  of  Review  of 
the  Action  within  mentioned  at  the  next  Superiour  Court  of  Judi- 


[3d  Sess.]     Province  Laws  (Hesolves,  etc.).  — 1753-54.  139 

cature  to  be  holcleu  at  Ipswich  within  and  for  the  County  of  Essex 
on  the  first  Tuesday  of  June  next  and  the  Justices  of  the  said  Court 
are  hereby  authorized  and  impowered  to  hear  and  try  the  same  Enter 
up  Judgement  and  award  Execution  thereon  accordingly.  [Passed 
A2)ril  8. 


CHAPTEE    324. 

ORDER  APPOINTING  A  COMMITTEE  ON  THE  PET^  OF   JN'^  HELLENBECK 
AND   OTHERS   COMPLAINING  OF  PERSECUTION. 

A  Petition  of  John  Hallenbeck  &  others,  Inhabitants  on  tlie  Legislative 
Western  Borders  of  this  Province,  complaining  of  their  Persecu-  councif  xi!*^^ 
tions  from  Eobert  Livingstone  Esq"^  &  praying  for  Eelief  from  this  209.  Mass.  ' 

n  j_  °  -a  JT      ./       o  Archives,  vL, 

Grovernment.  les. 

In  Council;  Read  and  House  Jour- 

Ordered  ihoX  Samuel  Watts  John  Chandler  Andrew  Oliver  and  T^ii^''^^*!;. 

, ,  ,,     .    .      Ante,  p.  104, 

Thomas  Hutchinson  Esq"  with  such  as  the  Hon'"''  House  shall  jom  chap.  242. 
be  a  Committee  to  take  this  Petition  under  Consideration  and  to 
report  what  they  judge  Proper  for  this  Court  to  do  thereon  as  soon 
as  may  be 

In  the  House  of  Represent  Read  &  Concurred  &  Col  Worthing- 
ton  Col  Partridge  jVP  Lyman  Col  Otis  Cap  Williams  &  M""  Wells  are 
Joined  in  the  Aifair.     \_Passed  April  8.^ 


CHAPTER    325. 

VOTE   SUBSTITUTING  MR  PHINNEAS   HAYWOOD   FOR   JOHN    CHANDLER,  Legislative 

JUN.   ESQ8,  ON  THE   COMMITTEE  FOR  PAQUOIG  AFFAIR.  Eecordsofthe 

Council,  XX., 

208. 

John  Chandler  Jun^  Esq"*  having  represented  the  Inconven-  House  Jour- 
ience  of  his  attending  as  one  of  the  Committee  upon  the  Affairs  of  ^^''^i^fy^s). 
Paquoig ;  p.  234. '  Prov'- 

Voted  that  he  be  excused  from  that  Service,  and  that  W  Phineas  Sv^/vis^ciiap- 
Haywood ;  be  appointed  in  his  Room.     [Passed  April  9.  217. 


CHAPTEE    326. 

ORDER  ALLOWING  £26.  13.  4  TO  THE  TO\VN  OF  HOLLISTON. 

A  Petition  of  the  Select  Men  of  Holliston,  in  behalf  of  said  ^If^^^^^^ofthe 
Town  setting  forth  the  deplorable  Condition  they  are  reduced  to  council,  xx., 
by  Means  of  the  late  Mortal  Sickness  which  carried  off  great  Num-  Archfves?" 
bers  of  Persons,  more  especially  of  y®  Heads  of  Families,  whereby  ixxxvii.,  321. 
the  Survivors  are  greatly  impoverished,  praying  for  Relief,  Ar^hiv  s 

Read  &  ixxxvii.,320. 

Ordered  that  the  prayer  of  the  Petition  be  so  far  granted  that  na°i!pp .'230^234. 
the  Sum  of  Twenty  six  pounds  13/4  be  granted  &  paid  out  of  the 
Province  Treasury  to  the  selectmen  of  Holliston  (In  Consideration 
of  the  Calamitous  Circumstances  Occasioned  by  the  late  Mortal 

1  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Leg- 
islative Records  of  the  Council  the  date  is  April  9. 


140 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  327-329.] 


Legislative 
Records  of  the 
Council,  XX., 
20S.    Mass. 
ArcMves, 
Ixxiv.,  171. 

Mass. 
Archives, 
Ixxiv.,  171. 
House  Jour- 
nal, pp.  226, 231. 
Province 
Laws,  xiv.,  228, 
chap.  247. 


Sickness  that  prevailed  there)  &  by  them  to  be  Apply'd  for  the  use 
&  releaf  of  Such  poor  Indigent  persons  as  may  most  Need  the  Same. 
[Passed  A2iril  9.     

CHAPTEE    327. 

VOTE  ALLOWING   £6  TO  JA^  PEIRCE   AND   £3  ANNUALLY. 

A  Petition  of  James  Peirce,  Praying  some  further  Allowance 
from  this  Court  on  Account  of  his  Disability,  occasioned  by  long 
Sickness,  while  he  was  in  the  Service  of  this  Province  in  the  Expe- 
dition against  Cape  Breton : 

Eead  & 

Voted  that  there  be  now  advanced  &  paid  out  of  the  Publick 
Treasury  to  the  pet'  the  Sum  of  Six  pounds  and  that  Annually 
hereafter  he  be  Allowed  &  paid  the  Sum  of  Three  pounds  during 
the  Court[s]  Pleasure.     ^Passed  Aj^ril  9. 


CHAPTEE    328. 

VOTE    IMPOWERING    BENJa  PEIRCE,   ADMINISTRATOR    AND    GUARDIAN, 
TO   SELL  REAL  ESTATE. 


Legislative 
Records  of  the 
Council,  XX., 

208. 

Mass. 

Archives,  xix., 
90.    House 
Journal, 
pp.  217,  233, 
234a.    Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Benjamin  Peirce,  Guardian  to  ISTathan^  Pengelly ' 
a  Minor,  who  was  left  by  both  his  Parents  (who  are  now  deceased) 
with  little  other  Estate  than  a  small  Peice  of  Land  in  Newbury, 
with  a  Frame  of  a  House  upon  it,  which  is  dayly  decaying;  there- 
fore praying  for  Liberty  from  this  Court  to  sell  the  same  for  the 
Minors  Support. 

Eead  & 

Voted  that  the  Petitioner  in  his  Capacity  as  Administrator  be  and 
hereby  is  impowered  to  make  Sale  of  the  Premises  mentioned  in  the 
Petition,  and  to  make  &  execute  a  good  Deed  or  Deeds  of  Convey- 
ance of  the  same,  He  observing  the  Directions  of  the  Law  respect- 
ing the  Sale  of  Intestate  Estates ;  He  giving  Bond  to  the  Judge  of 
Probate  for  the  County  of  Essex  for  the  duly  improving  the  Pro- 
ceeds thereof  for  the  Benefit  of  the  Minor.     \^Passed  Ajjril  9. 


Legislative 
Records  of  the 
Council,  XX., 
209.    Mass. 
Archives, 
xxxii.,  493. 

Executive 
Records  of  the 
Council,  xii., 
278.    House 
Journal, 
pp.  221,  230. 


CHAPTEE    329. 

ORDER  FOR  ISSUING  A  NEW  TREASURY  WARRANT  TO  JN^  ASHLEY,  ESQ^. 

A  Petition  of  John  Ashley  Esq'  shewing  that  a  Warrant  to  the 
Treasurer  issued  out  of  the  Secretary's  Office  for  paying  him  a  Sum 
of  Money  allowed  by  this  Court,  is  lost  or  mislaid,  Praying  that  he 
may  have  a  new  Warrant. 

Read  & 

Ordered  that  A  New  Warrant  be  Issued  to  the  Petitioner  for 
the  Sum  of  Eight  pounds  four  shillings  &  four  pence  in  full  Dis- 
charge of  the  Accompt  on  Which  the  Warrant  Mentioned  in  the 
pet"  Issued  which  Warrant  is  Mislaid  &  is  hereby  is "  Made  Void. 
[Passed  Ajjril  9. 

'  Mass.  Archives,  xix.,  90,  reads,  "Nathaniel  Pettingell." 
=  Sic. 


[3d  Sess.]     Province  Laws  (Besolves,  etc.).  — 1753-54.  141 


CHAPTER    330. 

VOTE  APPOINTING  BRIGADE  DWIGHT  TO  TAKE  CARE  OF  PROV^^  STORES  Legislative 

AT   STOCKBRIDGE.  Counctf  xx*^® 

213.    MasV.  ' 


508. 


Whereas  there  are  Sundry  Articles  Provided  by  this  Province  xxxii^k)! 
for  the  late  Mohawk  School  at  Stockbridge  Legislative 

Voted  that  Brigadier  Dwight  be  desired  to  Secure  S'^  Articles  for  Records  of  the 
the  Benefit  of  the  province  Until  this  Court  Shall  further  Order.  2w!^'^House '' 
[Passed  April  10.  ^^:^'- 

cliap.  280. 

CHAPTER    331. 

ORDER  ESTABLISHING  THE  BOUNDARY  BETWEEN  MENDON  &  UXBRIDGE. 

A  Petition  of  Committees  of  tlie  Towns  of  Mendon  &  Uxbridge  Legislative 
respectively,  shewing  that  the  said  Towns  have  come  to  an  Agree-  councif.xx!^^ 
ment  between  themselves  for  settling  the  Boundary  Line  which  213.  Mass. 
divides  the  said  Towns,  according  to  the  Instrument  herewith  ex-  cxvi.,  623'. 


hibitted;  Praying  that  the  same  may  be  confirmed  by  the  Act  of  Mass. 
this  Court.  i'vtS: 

Read  and  House  Jour- 

Ordered  that  the  Prayer  of  the  foregoing  Petition  be  granted  21%' 236*.     '    ^' 
and  that  the  Boundary  Line  between  the  Towns  of  Mendon  and 
Uxbridge  as  discribed  in  the  aforewritten  Agreement  be  and  the 
same  is  hereby  Established  to  all  Intents  and  Purposes  whatever. 
[Passed  April  10. 


CHAPTER    332. 

ORDER  IMPOWERING  JN'^  WOODBRIDGE  TO   BRING    FORWARD    A    WRIT 

OF  REVIEW. 

A  Petition  of  John  Woodbridge  of  York,  shewing  that  his  Writ  ^IfJ^'^^'^^the 
of  Review  of  a  Cause  depending  between  him  and  others  &  Benja-  council, xx., 
min  Stone  was  abated  at  the  Superiour  Court  in  the  County  of  York  Archi^ves?' 
for  a  small  Error  in  point  of  form ;  Therefore  praying  that  this  Court  xiiit.,  821. 
would  allow  another  Trial.  Legislative 

-r,       1  T  Records  of  the 

Kead  and  Council,  xx., 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  granted  that  jotlrn^f,"^*' 
the  Petitioner  hereby  is  impowered  to  bring  forward  his  Writt  of  pp.  139,231,237. 
Review  at  the  next  Superiour  Court  of  Judicature  to  be  holden  at 
York  for  the  County  of  York  on  the  second  Tuesday  of  June  next 
and  the  Justices  of  the  said  Court  are  hereby  impowered  to  hear  and 
Try  the  same  enter  up  Judgement  And  award  Execution  thereon 
accordingly.     [Passed  April  10. 


142 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  333-335.] 


CHAPTEE    333. 


Legislative 
Records  of  the 
Council,  XX., 
214.    Mass. 
Archives,  xix., 

Mass. 

Archives,  xix., 
S(i.    House 
Journal,  p.  235. 
Ante,  p.  110, 
chap.  256. 


ORDER  IMPOWERING  SAM^-  MORSE,  GUARDIAN,  TO   SELL  LAND. 

A  Petition  of  Samuel  Morse  Guardian  of  Sarah  Waban  a  Minor 
of  Natick  Indian  praying  for  Liberty  to  sell  the  Lands  that  were 
her  Mothers  now  dec^'  lying  in  Natick  to  reimburse  the  Petitioner 
the  Charge  he  has  been  at  for  the  Support  &  Education  of  the  said 
Minor  from  her  early  Infancy : 

Eead  & 

Ordered  that  the  prayer  of  the  petition  be  So  far  Granted  as  that 
the  pef  in  his  S"^  Capacity  as  Guardian  to  the  S'^  Sarah  Wabon  (with 
the  advise  of  the  Guardians  of  the  Natick  Indians)  have  Liberty  to 
make  Sale  of  So  much  of  the  Lands  Mentioned  in  the  petition  As 
may  be  Necessary  for  the  purposes  within  Mentioned  &  make  &  Exe- 
cute A  proper  Deed  or  Deeds  to  the  purchaser  or  purchaser [s]  of  S^ 
Lands.     [Passed  April  10. 


Legislative 
Records  of  the 
Council,  XX., 
214.    Mass. 
Archives, 
xxxii.,  475. 

Mass. 
Archives, 
xxxii.,  474. 
House  Jour- 
nal, p.  235. 
Ante,  p.  110, 
Chap.  256. 


CHAPTEE    334. 

ORDER    IMPOWERING    ELIZABETH    RUMNEYMARSH,   INDIAN,  TO    SELL 

LAND. 

A  Petition  of  Elisabeth  Eumney-marsh  of  Natick  Indian  Woman, 
Praying  for  Liberty  from  this  Court  to  make  Sale  of  twelve  Acres 
of  her  Land  in  said  Place,  for  paying  the  Debts  which  she  has  con- 
tracted by  Sickness  &c^ 

Read  & 

Ordered  that  the  prayer  of  the  Petition  be  So  far  Granted  as  that 
the  petitioner  have  Liberty  (with  the  Advice  &  Under  the  direction 
of  the  Guardians  of  the  Natick  Indians)  to  make  Sale  of  Twelve 
Acres  of  her  Land  the  S*^  Guardians  to  See  to  it  that  the  proceeds 
of  the  Sale  be  apply'd  for  the  purposes  Mentioned  in  the  petition. 
[Passed  Aj^ril  10. 


CHAPTEE    335. 


Legislative 
Records  of  the 
Council,  XX., 
214.    Mass. 
Archives,  xix., 
120. 

House  Jour- 
nal, p.  237. 
Province 
Laws,  ii.,  151, 
chap.  10. 


ORDER  IMPOWERING  MERCY  FULLER,  ADM^,  TO  SELL  AN  ESTATE. 

A  Petition  of  Mercy  Fuller  Administ^  of  the  Estate  of  Josiah 
Fuller  late  of  Concord  in  the  County  of  Middlesex,  setting  forth 
that  the  said  Estate  is  Insolvent,  &  if  the  Eeal  Estate  be  not  soon 
sold  it  will  be  to  the  Loss  of  the  Creditors,  praying  that  She  may 
be  impowered  by  this  Court  to  sell  the  same: 

Read  and 

Ordered  Th^t  the  Prayer  of  the  Petition  be  granted  and  the  Pet' 
is  hereby  impowered,  in  her  Capacity  within  mentioned  to  make 
Sale  of  the  whole  of  the  Estate  within  mentioned  and  to  execute 
in  due  form  of  Law  a  Deed  for  the  Conveyance  thereof  to  such 
Person  as  shall  give  most  for  the  same  Provided  the  Petitioner 
observe  the  Direction  of  the  LaAV  respecting  Executors  and  Admin- 


[3d  Sess.]     Province  Laws  {Resolves,  etc.),  — 1753-54.  143 

istrators  Sale  of  Lands  and  give  sufficient  Caution  to  the  Judge  of 
Probate  for  the  County  of  Middlesex  to  accompt  for  the  Produce 
of  the  Premisses  and  to  dispose  thereof  pursuant  to  Law.  \_Passed 
Ajjril  10. 


CHAPTER    336. 

ORDER  IMPOWERING  JN«*  EPHRAIM,  INDIAN,  TO  SELL  LAND. 

A  Petition  of  John  Ephraim  of  Natick  Indian,  Praying  for  Legislative    • 
Liberty  to  sell  twenty  Acres  of  his  Land  there,  to  discharge  his  comicif  xx*"^^ 
Debts  contracted  by  his  building  a  dwelling  House  &  Barn,  pur-  215.  Mass. '' 
chasing  Stock  &c-  t^^^.%. 

Eead  &  Mass. 

Ordered  that  the  prayer  of  the  petition  be  so  far  Granted  as  that  ^xxii^ry 
the  Pef  have  Liberty  to  make  Sale  of  Twenty  Acres  of  his  Outlands  House  Jour- 
with  the  Advice  &  Under  the  Directions  of  the  Guardians  of  the  X^'efpalb. 
Natick  Indians  &  the  proceeds  thereof  to  be  Applyed  for  the  pur-  chap.  256. 
poses  Mentioned  in  the  petition.     \_Passed  AjjrU  10. 


CHAPTER    337. 

ORDER  ALLOWING   £20  TO   JOSEPH  PAYNE. 


A  Petition  of  Ebenezer  Payne,  setting  forth  the  Suffering  of  Legislative 
Joseph  Payne  in  the  Cause  of  this  Government  by  the  Prosecution  councif,  xx*^.,^ 
against  him  in  the  Government  of  New  York,  and  praying  for  Archi^es^%i 
Eelief  from  this  Court  for  him.  Iqt. 

Read  together  with  the  papers  Accompanying  the  Same  &  Legislative 

Ordered  that  the  Sum  of  Twenty  pounds  be  granted  &  paid  out  councif,  xx*.^^ 
of  the  publick  Treasury  Unto  John  Ashley  Esq'  of  Sheffield  «&  ^t™]^'® 
by  him  to  be  Employed  for  the  Support  of  Joseph  Paine  Now  in  pp.  215, 235. 
Albany  Goal  S'^  Ashley  to  be  Accountable  to  this  Court.     [Passed  cS.244^^' 
April  10. 


CHAPTER    338. 

ORDER  ACCEPTING  THE  REPORT  OF  A  COMMITTEE  ON  SUNDRY  PETI- 
TIONS OF  THE  TOWN  OF  BROOKFIELD  AND  APPOINTING  A  NEW  COM- 
MITTEE THEREON. 

A  Petition  of  Josiah  Converse  and  a  considerable  Number  of  Legislative 
others.  Inhabitants  of  the  first  Precinct  in  Brookfield,   shewing  councif.xx.,^ 
that  since  the  setting  of  the  New  Precinct  the  Inhabitants  of  the  139, 140  b^s,  215. 
said  Precinct  have  Voted  to  remove  the  Meeting  House  two  Miles  ?p,"^®  '^°}}^: 

,        .  ,,  .  -TT  ^    •     ^  •-^^  -\  •  ^        Hal,  pp.  146  f  fr, 

distant  from  their  present  Meeting  House,  which  will  exceedingly  234, 237.  Prov- 
incommode  the  Petitioners,  therefore  Praying  that  they  and  their  gwf^te^Viv.',' 
Estates  and  Families  may  be  set  off  to  the  said  New  Precinct.  364, chap.  254. 

A  Petition  of  William  Ayres  in  behalf  of  the  second  Parish  in 
Brookfield,  shewing  that  about  three  Months  before  they  were  set 
off  they  were  assessed  by  the  said  Town  their  Proportion  of  a  large 


144 


Province  Laws  {Resolves, etc.).  — 1753-54.     [Chap.  339.] 


Sum  of  Money  for  the  Settlement  of  a  new  Minister,  and  the  Re- 
pairs of  the  Meeting  House  in  the  first  Parish,  Praying  that  they 
may  be  j-eleased  from  that  Tax,  or  that  a  Numlaer  of  their  Neigh- 
bours (who  are  desirous  of  it)  may  be  set  off  from  the  said  first 
Parish,  and  be  added  to  them, 

A  Petition  of  Jedediah  Foster  and  others,  of  the  first  Parish  in 
Brookfield,  Praying  that  the  said  Parish  may  be  divided  into  two 
Parts  or  Parishes,  as  near  an  equality  as  may  be : 

The  Committee  to  whom  was  referred  the  Petitions  of  the  first 
&  second  Precincts  in  Brookfield,  &  the  Petition  of  Josiah  Con- 
yerse  »&  others,  having  heard  the  Parties  &  Considered  thereon  are 
of  Opinion  that  it  is  necessary  a  Committee  should  go  to  Brookfield 
&  view  the  Situation  &  Circumstances  of  the  Petitioners,  &  make 
Report  to  this  Court  at  their  next  Session,  what  said  Court  ought 
to  do  thereon,  and  that  all  Proceedings  relating  to  building  a  new 
Meeting  House  in  said  first  Precinct  be  stayed  in  the  mean  time; 
all  which  is  humbly  submitted, 

Per  John  Cushing  per  Order. 

In  Council;  Read  &  Accepted,  & 

Ordered  that  Samuel  Watts  Esq''  with  such  as  the  hon'''^  House 
shall  join,  be  a  Committee  to  repair  to  the  Town  of  Brookfield,  »& 
view  the  Situation  &  Circumstances  of  the  Petitioners,  and  report 
at  their  next  Session,  what  they  judge  proper  for  this  Court  to 
do  thereon:  the  Charge  thereof  to  be  born  as  this  Court  shall 
order:  In  the  House  of  Representatives;  Read  &  Concur'd,  & 

Capt.  Livermore  &  M''  Phineas  Haywood  are  joined  in  the  Affair. 
\^Passed  A^jril  10. 


CHAPTEK    339. 


LegiBlatlve 
Records  of  the 
Council,  XX., 
216.    Mass. 
Archives, 
Ixxiv.,  177. 

Legislative 
Records  of  the 
Council,  XX., 
212.    House 
Journal, 
pp.  235,  236. 
Province 
Laws,  iii.,746, 
note.    Ante, 
p.  133,  chap. 
311. 


VOTE   GRANTING  £5,300  FOR  ENLISTING  SOLDIERS,  &ic\ 

In  the  House  of  Representatives 

Whereas  the  fort  at  Richmond  is  in  a  very  ruinous  condition  and 
past  repair,  and  a  more  suitable  place  may  be  found  further  up  Ken- 
nebeck  River  whereon  to  erect  a  new  One,  and  inasmuch  as  it  is  the 
earnest  desire  of  the  Two  houses,  that  his  Excell^  the  Governour 
would  take  the  trouble  of  a  voyage  to  the  Eastern  parts  of  this 
Province  to  give  direction  concerning  this  fort  as  well  as  other  im- 
portant matters,  and  the  two  houses  have  also  concluded  to  desire 
his  ExceRy  to  give  orders  for  enlisting  five  hundred  men  including 
Officers  to  attend  his  coinands  Eastward,  as  also  that  Commissioners, 
with  a  Present  to  the  six  nations  from  this  Province,  shall  attend 
the  General  Convention  at  Albany  in  June  next.  Therefore,  For 
carrying  on  &  Accomplishing  these  purposes  &  no  other,  the  house 
now  grant  the  sum  of  five  thousand  three  hundred  pounds,  &  for 
supplying  the  Treasury,  direct  the  Province  Treasurer  to  borrow 
the  said  sum  of  five  thousand  three  hundred  pounds  on  lawfull 
Interest  for  a  term  not  exceeding  One  year,  as  soon  as  may  be,  and 
that  as  a  Collateral  security  the  Excise  for  1753  be  mortgaged;  and 
it  is  also 

Voted  that  his  Excell^  be  desir'd  to  Issue  a  Proclamation  as  soon 
as  he  shall  think  proper,  for  enlisting  the  men  as  above  proposed, 
for  a  Time  not  exceeding  three  Months  upon  the  Bounty  of  Forty 
Shillings  at  Inlistment  &  the  Wages  of  Twenty  six  shillings  &  Eight 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1753-54.  145 

pence  ^  Month  which  this  House  now  Vote  shall  be  given  the  private 
Centinels '  &  that  the  Wages  of  the  Officers  shall  be  in  Proportion. 
In  Council  Eead  &  Concur'd.     \_Passed  April  11. 


CHAPTEK    340. 

ORDER  ALLOWING  £10  TO   JON^  GAGE. 

A  Petition  of  Jonathan  Gage  of  Newbury,  shewing  that  being  Legislative 
in  the  Service  of  this  Province  as  a  Voluntier  in  the  Year  1746.  councif  xx!^° 
he  was  taken  by  the  Enemy,  laid  in  Irons  &  kept  in  Prison,  seven  216.  Mass. 
Months,  and  endured  many  other  Hardships,   Praying  for  some  ixxIv-Iits. 
Allowance  from  this  Court:  House  Jour. 

Read  &  nal,pp.226.iJ37. 

Ordered  that  the  prayer  of  the  Petition  be  so  far  granted  as  that 
the  petitioner  be  Allowed  &  paid  out  of  the  Publick  Treasury  the 
Sum  of  Ten  pounds  In  full  for  his  sufferings  and  services  Mentioned 
in  the  Petition.     \^Passed  A2)ril  11. 


CHAPTER    341. 

ORDiifl    OF    NOTICE    ON    THE    PETITION    OF    JOB    AHAUTON,  INDIAN,  IN 
REGARD   TO  A  DEED. 

A  Petition  of  Job  Ahauton  of  Middleboro  Indian,  Complain-  LegisJative 
ing  of  Stephen  David  of  Tetticut  Indian,  &  others,  for  giving  him  councff,  xx!^® 
strong  Liquor  so  as  to  intoxicate  him,  and  then  drawing  him  in  217.  Mass. 
to  execute  a  Deed  for  Conveying  away  his  Lands  in  Teticut  for  a  xxxii!^Ts9. 
trifling  Consideration,  with  other  Abuses;  and  Praying  that  this  House  Jour- 
Court  would  give  Order  for  his  Relief  under  these  Difficulties.  nai,pp.2r2,236. 

Read  & 

Ordered  that  the  Petitioner  serve  the  Adverse  party  Stephen  David 
with  a  Copy  of  this  Petition  that  he  Shew  Cause  (if  Any  he  have) 
on  the  second  Friday  of  the  Next  May  session  why  the  prayer  thereof 
Should  not  be  Granted.     \^Passed  April  11. 


CHAPTER    342. 

ORDER  OF  NOTICE,  WITH  STAY  OF  EXECUTION,  ON  THE    PETITION    OF 
JOSEPH  OWEN  FOR  A  RE-HEARING  OF  AN  ACTION. 

A  Petition  of  Joseph  Owen  of  Braintree,  praying  that  he  may  Legislative 
be  admitted  to  a  new  Trial  of  an  Action  of  Tresspass  brought  against  councif,  xxl'f ® 
him  by  John  Borland  of  Boston ;  Wherein  Judgment  went  against  '^^^■^■^f^^^^-  ' 
the  Petitioner  at  the  Superiour  Court  held  at  Boston  by  Reason  of  xiiii.,  849.' 
the  Petitioners  Sickness,  and  his  Inability  to  appear  &  defend  the  Mass. 
said  Action,  and  that  Execution  may  be  staid.  xim^IIs! 

Read  &  House  Jout- 

Ordered  that  the  pet""  serve  the  Adverse  party  John  Borland  with  °  >  p-  '  • 
a  Copy  of  this  Petition  that  he  shew  Cause  (if  any  he  have)  on  the 
second  Thursday  of  the  Next  May  session  why  the  prayer  thereof 

'  MS.  bound  in. 


146 


Province  Laws  {Resolves,  etc.) .  — 1753-54.  [Chaps.  343-345.] 


should  not  be  Granted  And  that  Execution  be  Stay*^  in  the  mean- 
time provided  the  pef  give  Bond  to  the  sheriff  of  the  County  of 
Suffolk  with  sufficient  sureties  to  pay  such  sum  as  the  Said  Bor- 
land may  finally  recover  Against  him  with  Interest  from  this  time. 
[^Passed  April  11  ^ 


CHAPTER    343. 


Legislative 
Records  of  the 
Council,  XX., 
218.    Mass. 
Archives, 
xxxii.,  509. 

Legislative 
Records  of  the 
Council,  XX., 
204,217.   House 
Journal, 
pp.  239,  240,  241. 
Ante,  p.  133, 
chap.  310. 


VOTE  APPOINTING   COMMISS^^  FOR  THE  CONVENTION  AT  ALBANY. 

The  two  Houses  having  Agreed,  this  Day  to  chuse  Five  Commis- 
sioners, (two  to  be  Members  of  the  Council,  &  three  to  be  Members 
of  the  House  of  Eepresenf®^)  to  meet  in  behalf  of  this  Government 
at  the  General  Interview  appointed  to  be  had  with  the  Six  Nations 
at  Albany;  &  the  same  Commissioners  to  treat  with  Commisson" 
from  the  Governm*^  of  New  .York  referring  to  the  Boundaries  between 
the  two  Provinces 

The  following  Gentlemen  were  chosen  by  the  Major  Vote  of  the 
Council  &  House  of  Eepresenf*'  to  be  Commissioners  for  those 
Affairs;  Viz, 

Samuel  Welles 

John  Chandler 

Thomas  Hutchinson  [>  Esq""^ 

Oliver  Patridge 

John  Worthington 
[Passed  April  12. 


CHAPTER    344 


Legislative 
Records  of  the 
Council,  XX., 
209.    Mass. 
Archives, 
xlvl.,  346. 

House  Jour- 
nal, pp.  49, 144, 
185,  235. 


ORDER  APPOINTING  A  COMMITTEE  TO   SELL  AN    ISLAND    TO    GIDEON 

LYMAN. 

A  Petition  of  Gideon  Lyman,  Praying  for  Liberty  to  purchase 
a  small  Island  containing  Six  or  seven  Acres  in  Connecticut  Eiver 
belonging  to  the  Province ;  lying  between  Fort  Meadow  in  Hadley 
&  Old  Eainbow  in  Northampton. 

Eead  & 

Ordered  that  the  prayer  of  the  petition  be  so  far  Granted  as  that 
John  Worthington  &  Oliver  Partridge  Esq^  be  a  Com*^®  to  make  sale 
of  the  Island  Mentioned  in  the  petition  for  the  most  it  will  fetch 
(they  to  be  Accountable  to  this  Court  for  their  proceedings  therein) 
As  soon  as  may  be.     \Passed  April  12."^ 


CHAPTER    345. 


VOTE  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE  FOR  BURN*'  BILLS 
GOVERNM't  SECURITIES  AND  LOTTERY  TICKETS  AND  DISCHARGING 
THE   LATE  TREASURER  ACCORDINGLY. 

Rlford8*Sthe       Whereas  a  Com*"'  Appointed  the  15  of  June  last  to  take  an 
Council, XX.,     account  of  the  Torn  &  Defaced  Bills  of  Credit  &   Government 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  April  12. 

'  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  the  date  is  April  9. 


[3d  Sess.]     Province  Laws  (Besolves,  etc.).  — 1753-54.  147 

securities  theii  in  the  Hands  of  the  Treasurer  &  Consume  them  to  219.  Mass. 
Ashes  Reported  on  the  12  day  of  Sepf^^  Last  as  follows  viz  That  ^pi^i^es,  ciii.. 
on  the  IG  day  of  July  last  they  received  of  the  then  Treasurer  W"  House  Jour — 
Foye  Esq''  The  Sum  of  Two  Thousand  Twenty  one  pounds  ten  shil-  nai,  pp.  86,  i-26. 
lings  &  one  penny  half  penny  Bills  of  the  Old  Tenor  Three  Hun-  ^hap.&fpUi, 
dred  &  nine  pounds  Two  shillings  and  seven  pence  three  farthings  ^hap.ss. 
Middle  Tenor  Bills  and  Six  Thousand  Two  Hundred  eighty  seven 
pounds  thirteen  shillings  &  one  half  penny  last  Emission  Bills  & 
have  Seen  them  burnt  &  Consumed  to  ashes 

And  on  the  third  day  of  September  Currant  they  received  of  S*^ 
William  Foye  Esq"  late  Treasurer  Eighteen  pounds  seven  shillings 
tS;  four  jDence  Old  Tenor  Bills  and  Consume [d]  '  them  to  Ashes 

And  on  the  4^*^  day  of  S^  Sept"^  they  Eec'^  of  the  S'^  W"  Foye 
Esq''  Late  Treasurer  sundry  Lotery  Tickets  the  princij^al  &  Inter- 
est amounting  to  Three  Thousand  &  four  Hundred  &  ninety  nine 
pounds  sixteen  shillings  and  also  One  Hundred  &  fifteen  Pounds 
In  Goverments  securities  payable  on  the  10*''  of  June  1753  with 
Interest  thereon  Amounting  to  Sixteen  pounds  four  shillings  & 
nine  pence  The  whole  Amounts  to  the  Sum  of  One  Hundred  & 
thirty  one  pounds  four  shillings  &  Nine  pence  Also  Three  Hun- 
dred &  Eighty  pounds  in  a  Note  which  he  gave  for  money  bor- 
rowed of  his  Honour  the  Lieu*  Governour  for  the  Deficiency  of  the 
Lottery  with  Interest  [which] '  Amounts  to  Twenty  Six  pounds  eight 
shillings  &  four  pence  which  makes  four  Hundred  &  six  pounds  eight 
shillings  &  four  pence  Also  One  Thousand  three  Hundred  &  Thirty 
five  pounds  six  shillings  &  four  pence  In  Government  securities 
payable  the  31'*  of  Dec'"  1751  with  the  Interest  Thereon  One  Hun- 
dred &  forty  eight  pounds  thirteen  shillings  &  Eight  pence  the 
whole  Amounting  to  One  thousand  four  Hundred  &  Eighty  four 
pounds  Also  three  Hundred  &  forty  five  pounds  ten  shillings  & 
nine  pence  in  Notes  signed  by  Andrew  Oliver  &  Tho'  Hubbard '' 
Esq'  &  M'  Harrison  Gray  A  Com*«®  of  the  General  Court  with 
Interest  thereon  Fifteen  pounds  Ten  shillings  &  one  penny  mak- 
ing Three  Hundred  sixty  One  pounds  &  Ten  pence  The  Whole  of 
the  securities  Above  mentioned  with  the  Interest  thereon  Amount 
to  Two  Thousand  Three  Hundred  &  Eighty  Two  pounds  thirteen 
shillings  &  Eleven  pence  All  which  we  have  received  and  Consumed 
to  Ashes 

Signed  John  Osborne  |p  Order 

Which  Eeport  on  the  S^  12  of  Sept'  was  Read  in  the  "House  of 
Representatives  &  accepted  & 

Voted  that  the  late  Treasurer  William  Foye  Esq'  be  discharged 
of  the  Above  sums  Accordingly 

It  Appearing  to  the  House  that  the  foregoing  Report  with  the  Vote 
of  the  House  thereon  was  not  the  Last  sessions  sent  to  the  Honour- 
able board  for  their  Concurrence  but  Casually  Omitted     Therefore 

Ordered  that  the  speaker  now  send  Up  the  Same. 

In  Council  Read  &  Concur'd.     [Passed  April  12.^ 

*  Inserted  from  Legislative  Records  of  the  Council,  xx.,  220. 
^  Legislative  Records  of  the  Council,  xx.,  220,  reads.  "Thomas  Hutchinson." 
^  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  the  date  is  April  13. 


148 


Pkovince  Laws  {Resolves,  etc).  — 1753-54.  [Chaps.  346-348.] 


CHAPTEE    346. 


ORDER   CONJIRMING    A    BOUNDARY    LINE    BETWEEN    ROCHESTER    AND 

DARTMOUTH. 


Legislative 
Records  of  the 
Council,  XX., 
109.    Mass. 
Archives, 
cxvi.,  523. 

Legislative 
Records  of  the 
Council,  XX., 
210,219.    House 
Journal, 
pp.  110,  223, 
234a,  239,  210. 


A  Petition"  of  Elisha  Freeman,  Agent  for  the  Town  of  Roches- 
ter, setting  forth  the  Inconveniences  arising  from  the  Controversies 
about  the  Boundary  Line,  between  the  said  Town,  and  the  Town 
of  Dartmouth,  Praying  that  the  same  may  be  fixed  in  Manner,  par- 
ticularly described  in  the  Petition. 

Read  and  Accepted  and 

Ordered  that  the  Line  run  between  Rochester  &  Dartmouth  in 
1701  be  and  hereby  is  Confirmed  &  that  the  Island  Nakatan  be 
accounted  as  part  of  Dartmouth.     \_Passed  Ajoril  12.' 


CHAPTER    347. 


Legislative 
Records  of  the 
Council,  XX., 
215.    Mass. 
Archives, 
xxxii.,  443. 

House  Jour- 
nal, pp.  237, 238, 
243.    Ante, 
p.  110,  chap. 
256. 


ORDER  IMPOWERING  HOPESTILL  BENT,  ADM»,  TO   SELL  AN  ESTATE. 

A  Petition  of  Hopestill  Bent  Administrator  of  the  Estate  of 
Nathan'  Coochuck  late  of  Natick,  Indian  Planter,  dec*^  shewing 
that  his  whole  Estate  Real  &  Personal  is  not  more  than  sufficient 
to  pay  his  Debts;  Praying  that  the  Petitioner  may  be  impowered 
by  this  Court  to  sell  the  said  Real  Estate. 

Read  and 
'  Ordered  that  the  Prayer  of  the  Petition  be  granted  and  that  the 
Petitioner  in  his  Capacity  abovementioned  (with  the  Advice  and 
Consent  of  the  Guardians  of  the  Natick  Indians)  be  and  he  hereby 
is  impowered  to  make  Sale  of  the  Real  Estate  mentioned  in  the 
Petition  to  such  Person  as  shall  give  most  for  the  same  and  to  give 
a  good  and  sufficient  Deed  in  Law  for  the  same  he  giving  Bond  to 
the  Judge  of  Probate  for  the  County  of  Middlesex  to  dispose  of  the 
neat  Proceeds  (after  the  just  Debts  are  paid)  for  the  greatest  Benefit 
of  the  Heirs  of  the  said  Nath^'  Coochuck.     [Passed  A2Jril  13."^ 


CHAPTEE    348. 


ORDER  IMPOWERING  SARAH  STANNIFORD,  EXE^,  TO   BRING    FORWARD 
A   WRIT   OF   REVIEW. 


Legislative 
Records  of  the 
Council,  XX., 
218.    Mass. 
Archives,  xix., 
125. 

Mass. 

Archives,  xix., 
124.    House 
Journal,  p.  242. 
Ante,-p.  81, 
chap.  185. 


A  Petition  of  Sarah  Stanniford  of  Boston  Widdow,  Executrix 
of  the  Testament  of  John  Stanniford  dec*^  shewing  that  Whereas 
this  Court  pleased  to  give  her  Liberty  to  bring  her  Writ  of  Review 
(to  the  Inferiour  Court  of  Common  Pleas  last  held  in  the  County 
of  Essex,)  of  an  Action  jDrosecuted  by  John  Calef  of  Ipswich,  she 
lost  the  Benefit  of  the  Order  by  her  Attorney  not  producing  a  Copy 
of  her  Petition  as  well  as  the  Order  thereupon.  Praying  that  the  said 
Order  may  be  revived  &  She  have  the  Benefit  designed  thereby. 

'  This  date  is  according  to  Mass.  Archives  and  the  House  Journal;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  April  13. 

-  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  April  10. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  149 

Read  and 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  granted  as  that 
the  Pef  Sarah  Stanniford  in  her  Capacity  of  Executrix  to  the  Estate 
of  John  Stanniford  Dec'^  be  and  hereby  is  enabled  to  bring  her  Writt 
of  Review  on  the  Judgement  within  mentioned  at  the  next  Inferiour 
Court  of  Common  Pleas  to  be  holden  for  and  within  the  County  of 
Essex  she  to  Attend  the  Directions  provided  by  Law  in  Case  of  bring- 
ing forward  a  Writt  of  Review:  and  the  Justices  of  the  said  Court 
are  hereby  impowered  to  order  an  issuable  Plea  upon  the  Original 
Writt  and  to  hear  and  Determine  upon  the  Action  of  Review  in  like 
manner  to  all  Intents  and  Purposes  whatsoever  as  if  the  Nonsuit 
referr'd  to  in  the  Petition  had  not  been  made.     [^Passed  April  13. 


CHAPTER    349. 

ORDER   COMMITTING    PET^  OF    EBENEZER    GILBERT    &    OTHERS,   OF 
BROOKFIELD,  TO  BE  ANNEXED  TO  WARE  RIVER  PARISH. 

A  Petition  of  Ebenezer  Gilbert,  Henry  Gilbert,  Oliver  Gilbert,  Legislative 

BiPOorofl  Ox  iiifi 

and  Samuel  Dunsmore  all  of  Brookfield,  setting  forth  their  Diffi-  council, xx., 
culties  respecting  their  remote  Situation  from  the  Place  of  publick  Archives*  xiii. 
Worship  in  the  said  Town,  and  praying  to  be  set  off  &  annexed  to  eei- 
Ware  River  Parish :  •  Mass. 

-T)       TO  Archives,  xiii., 

KeaCl  OC  562-564.    Legis- 

Ordered  that  this  Petition  be  Committed  Unto  the  Committee  |ff"tl^eCoun'"cii 
of  both  Houses  Upon  the  Affair  of  Brookfield  Appointed  this  Ses-  xx.,  213. 
sion  to  take  a  View  &c  to  Consider  &  report  thereon.     \_Passed  naT^f  242?'^' 
April  13.' 


CHAPTER    350. 

ORDER    WITH    STAY    OF    EXECUTION    ON    THE    PETITION    OF    JOSHUA 
BRAND,  INDIAN,  APPEALING  FROM  A  JUDGEMENT. 

A  Petition  of  Joshua  Brand  of  Natick,  Indian,  shewing  that  ^^'^'^'f^^^l.v 
at  the  Inferiour  Court  of  Common  Pleas  for  the  County  of  Plym-  co-uncii,  xx., 
outh  in  an  Action,  commenced  against  him  by  Isaac  Little  Esq^  ^"*'  '^^^' 
Judgment  was  given  against  him  by  Default  by  Reason  of  his  being  ^aTpp''i*?29'^is7 
hindered  of  attending  the  Court  in  Season,  Praying  to  be  allowed  i88,'243!  'Ante', 
an  Appeal,  &  that  Execution  may  be  staid.  256.  '^  *^' 

Read  together  with  the  Answer  of  Isaac  Little  Esq'  & 
Ordered  that  the  Prayer  of  the  Petition  be  granted ;  and  the  Peti- 
tioner is  allowed  to  appeal  from  the  Judgment  within  mentioned  to 
the  Superiour  Court  of  Judicature,  to  be  holden  at  Plymouth  within 
&  for  the  County  of  Plymouth  on  the  third  Tuesday  of  July  next, 
and  the  said  Court  are  impowered  to  hear  &  try  the  same,  enter  up 
Judgment  &  award  Execution  thereon :  Provided  sufficient  Caution 
be  given  to  the  Respondent  to  pay  what  Sum  shall  be  recovered  of 
the  Petitioner  upon  the  said  Trial,  with  lawful  Interest  for  the  same 
from  this  Day  untill  final  Judgment  shall  be  made  up,  and  Execu- 

1  The  date  of  final  concurrence  in  the  Council  is  given  in  Mass.  Archives  as  April  11 ; 
evidently  a  mistake,  as  the  same  order  states  that  its  reading  in  the  House  occurred  on 
April  13.  The  House  Journal  and  Legislative  Records  of  the  Council  both  give  the  date 
as  April  13. 


150 


Province  Laws  {Besolves,  etc.).  — 1753-54.  [Chaps.  351,  352.] 


tion  within  mentioned  is  stayed  in  the  mean  time ;  and  that  the 
Guardians  of  the  Natick  Indians  be  advising  &  assisting  to  the  Peti- 
tioner in  his  Proceeding.     [Passed  April  13. 


CHAPTER    351. 


Legislative 
Records  of  the 
Council,  XX., 
221.    Mass. 
Archives, 
xlvii.,  3S9. 

House  Jour- 
nal, p.  245. 
Province 
Laws,  iii.,  122, 
chap.  18;  307, 
chap.  13;  436, 
chap.  15;  714, 
chap.  23. 


ORDER  DIRECTING  TOWN  OFFICERS  TO  TAKE  THE  OATH  IN  REGARD 
TO  RECEIVING  AND  PASSING  THE  BILLS  OF  CREDIT  OF  THE  NEIGH- 
BOURING GOVERNM^s. 

Whereas  Sundry  Disputes  have  arisen  whether  the  Town  Officers 
Chosen  in  the  Month  of  March  Last  and  [who]  did  not  Take  the  Oath 
relating  to  the  receiving  or  passing  of  the  Bills  of  the  other  Gov- 
ernments untill  this  present  month  of  april  should  Take  the  Oath, 
prescribed  by  the  former  Law,  relating  to  the  receiving  or  passing 
Said  Bills  or  the  oath  prescribed  by  the  Last  Law.  relating  thereto 
and  many  inconveniences  being  likely  to  arise  therefrom  Therefore 

Ordered  that  the  Several  persons  Chosen  to  any  Town  office  in 
any  of  the  Towns  within  this  Province  in  the  month  of  March  Last 
and  [who]  shall  take  the  oath  prescribed  by  the  Last  Law.  relating  to 
the  receiving  or  passing  the  Said  other  Governments  Bills,  Shall  be 
had  '  &  Deemed  Qualified  to  Serve  in  said  offices  as  tlio  they  had  taken 
the  oath  prescribed  by  the  Said  former  Law.  and  likewise  those  per- 
sons who  were  Chosen  to  any  Town  office  in  the  month  of  March 
Last  and  have  in  this  Present  month  of  april  Taken  the  oath  pre- 
scribed by  the  said  Last  Law,  shall  be  Deemed  &  held  Qualified  to 
Serve  in  the  Said  Town  Offices  as  tho  they  had  Taken  the  oath  pre- 
scribed by  the  Said  former  Law.     [Passed  April  15. 


CHAPTER    352. 


Legislative 
Records  of  the 
Council,  XX., 
213,  221. 

Mass. 

Archives,  xix., 
91.    House 
Journal, 
pp.  219,  222,  226, 
280  his,  234,  233, 
239.    Ante, 
p.  17,  chap.  21. 


ORDER  ALLOWING  £124  TO   SARAH   HAZZEN,  ADM^. 

A  Petition  of  Sasah  Hazzen  Relict  Widow  of  Richard  Hazzen 
Esq""  dec'^  representing  that  this  Court  at  their  Session  in  May  last, 
granted  to  her  said  Husband,  in  Consideration  of  Services  by  him 
performed,  the  Loan  of  £468  for  five  Years  free  of  Interest,  which 
he  could  not  receive  in  his  Life-time  for  want  of  Money  in  the  Treas- 
ury, praying  for  a  Sum  equivalent  to  the  said  Interest  to  be  paid  her 
out  of  the  Treasury  for  the  Benefit  of  his  Estate. 

Read  k 

Ordered  that  the  Prayer  of  the  Pef^  be  granted,  and  that  the  Sum 
of  One  hundred  &  twenty  four  Pounds  be  granted  to  the  Petitioner 
as  she  is  Administratrix  on  the  Estate  of  her  late  Husband  Richard 
Hazzen  Esq""  Dec'^  she  to  be  accountable  to  the  Judge  of  Probate  for 
the  County  of  Essex  for  the  same,  which  is  in  lieu  of  the  Loan  of 
Four  hundred  and  Sixty  eight  Pounds  granted,  in  June  1753,  to  her 
said  Husband  for  the  Term  of  Five  Years  free  of  Interest.  [Passed 
April  16. 

*  Legislative  Records  of  the  Council,  p.  221,  reads,  "held." 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  —  1753-r54.  151 


CHAPTER    353. 

ORDER    ON    REP^    OF    COMMITTEE    FOR    SELL«    PROVINCE    LAND    NEAR 

SUNDERLAND. 

The  Committee  appointed  to  make  Sale  of  a  Tract  of  Laud  ^If  ^^(f^^^f  ^u 
containing  5,850  Acres,  lying  in  the  County  of  Hampshire,  hav-  council,  xx., 

ing  notified  the  same  according  to  Order,  put  it  up  at  publick  '^— 

Auction  at  Two  hundred  &  fifty  Pounds  Lawful  Money,  further  Archives 
requiring  the  settling  of  Ten  Families  upon  it  within  the  Space  cxvi.,  iw*. 
of  Three  Years;  and  the  same  was  struck  off  to  jVP  Joseph  Lee  who  nai, p. 247. 
was  the  highest  Bidder  at  Three  hundred  Pounds;  who  thereupon  La^g'^xfv.  550 
paid  Thirty  Dollars  required  as  Earnest,  and  is  ready  to  give  Bond  chap.'so. 
for  the  Payment  of  the  Remainder  so  soon  as  the  Deed  can  be  Com-  chap'.m  * 
pleated ;  but  inasmuch  as  M''  Fields  Plan  which  was  delivered  to  the 
Committee  for  their  Direction,  &  by  them  exhibited  to  the  Bidders 
at  the  Sale  contains  6,930  Acres,  of  which  1,080  had  formerly  been 
granted  by  this  Court,  but  not  marked  off  in  this  Plan,  M""  Lee  is 
desirous  of  having  the  same  particularly  delineated  on  the  Plan,  that 
so  his  Purchase  may  be  ascertained,  &  he  may  know  where  to  make 
the  Settlements  required ;  upon  which  the  Committee  pray  the  Direc- 
tions of  this  Court: 

Andreav  Oliver  per  Order. 

Read  & 

Ordered  that  the  Committee  give  Orders  for  the  taking  off  from 
the  Plan  the  1,080  Acres  of  Land  contained  herein,  which  has  here- 
tofore been  granted  by  this  Court,  and  that  they  execute  a  Deed  of 
the  remaining  Five  Thousand,  eight  hundred  &  eighty  Acres,'  tak- 
ing sufficient  Security  for  the  Remainder  of  the  Purchase  Money. 
\_Passed  April  16. 


CHAPTER    35i. 

ORDER  ALLOWING  £8,  0.  2  TO  BENJ-^  TUCKER,  CORONER. 

A  Petition  of  Benjamin  Tucker  a  Coroner  of  the  County  of  ^gf^rdfof  the 
Plymouth,  Praying  that  his  Charge  of  an  Inquest  on  the  Body  of  council,  xx., 
one  Betty  David  of  Tetticut  an  Indian  Woman  supposed  to  have  ArchWesT" 
been  murthered  may  be  paid  to  him  by  the  County,  or  otherwise  ^li"-.  "9^- 
as  this  Court  shall  order,  Mass. 

-r,       T    0  '  Archives, 

Read  &  xiiii.,  797. 

Ordered  that  the  prayer  of  the  petition  be  So  far  granted  as  that  j^.u^^pp.'^usfiei, 
the  Guardians  of  the  Titticut  Indians  pay  to  the  S*^  Benj^  Tucker  234^V246j^^i«<e; 
out  of  the  Money  Arising  by  the  Sale  of  Stephen  Davids  Land  which  lie;  p.*i32f" 
was  Ordered  to  be  Sold  by  this  Court  at  their  present  session  the  Sum  ^^^^'  ^^• 
of  Eight  pounds  &  Twopence  in  full  Discharge  of  his  S^  Tuckers 
Account  for  taking  the  Inquisition  &c  Mentioned  in  the  Petition. 
\_Passed  Ajjril  16. 

1  The  House  Journal,  p.  247,  reads,  "5,8.50  Acres."     No  plan  of  the  land  or  any  docu- 
ments relating  thereto  has  been  found. 


152 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  355,  356.] 


CHAPTEE    355. 


Legislative 
Records  of  the 
Council,  XX., 
187.    Mass. 
Archives,  cv., 
471. 

Mass. 

Archives,  cv., 
469.    Legisla- 
tive Records  of 
the  Council, 
XX.,  224. 
House  Jour- 
nal, pp.  209, 210, 
241,  248,  249. 


ORDER  ANNEXING  DIVERS   FAMILIES    AND    THEIR    ESTATES    TO    THE 
TOWN  OF  MILTON. 

A  Petition  of  Nathaniel  Houghton,  Benjamin  Crane  &  Ebenezer 
Fuller  all  of  Milton,  &  Ebenezer  Houghton  of  Braintree,  setting 
forth  the  Inconveniences  they  are  under  by  Eeason  of  a  consider- 
able part  of  their  Lands  lying  in  the  Town  of  Braintree,  and  the 
Difficulties  the  said  Ebenezer  Houghton  is  under  by  Reason  of  his 
remoteness  from  the  Place  of  publick  Worship  in  Braintree;  Pray- 
ing that  the  Estates  of  all  the  Petitioners  and  the  Person  &  Family 
of  the  said  Ebenezer  may  be  set  off  to  Milton. 

The  Comitte  to  whom  was  refered  the  Petition  of  Nathanael 
Haughton  Benjamin  Crane  &  others  having  fully  heard  the  Peti- 
tioners, and  one  of  the  Respondants  viz  M'  John  Adams  ('  one  of 
the  Selectmen  of  Braintree  on  the  affair  &  Considered  the  Same 
are  of  oppinion  that  the  respective  prayers  of  the  Several  Peti- 
tioners are  reasonable  and  ought  to  be  Granted  Accordingly 

SiLVANUs  Bourn  p'^  order 

Read  and  Accepted '  and 

Ordered  that  the  Prayer  of  the  Petition  be  granted  and  that  the 
whole  Estate  of  the  Petitioners  mentioned  in  the  Petition  together 
with  the  Family  of  the  said  Ebenezer  Houghton  be  and  herel)y  are 
to  all  Intents  and  Purposes  annexed  to  and  accounted  as  part  of  the 
Town  of  Milton.     {Passed  April  17. 


CHAPTEE    356. 


Legislative 
Records  of  the 
Council,  XX., 
2-23.    Mass. 
Archives,  cv., 
477. 

Mass. 

Archives,  cv., 
476.    House 
Journal, 
pp.  249, 250. 


ORDER  CALLING  A  TOWN  MEETING  OF  BERWICK  NORTH  PRECINCT. 

A  Petition  of  the  Inhabitants  of  the  North  Precinct  in  Berwick, 
shewing  that  by  Mistake  their  Meeting  for  the  Election  of  Precinct 
Officers  &c*  was  not  called  'till  the  Month  of  April  New  Stile,  by 
which  they  have  lost  the  Benefit  of  that  Meeting,  Praying  that  this 
Court  would  now  impower  them  to  meet  for  those  Purposes,  &  con- 
firm their  lawful  Proceedings  thereon. 

Read  and 

Ordered  that  the  Prayer  of  the  Pet°  be  granted  And  John  Hill 
Esq'  is  hereby  directed  and  impowered  to  Issue  his  War*  to  some 
Inhabitant  of  said  Parish  requiring  him  to  warn  and  give  Notice 
to  the  Inhabitants  of  said  Parish  qualifyed  by  Law  to  vote  in  Parish 
Affairs  to  assemble  themselves  together  at  such  Time  and  Place  in 
said  Parish  as  by  said  Warrant  shall  be  appointed  to  make  Choice 
of  such  Officers  for  said  Parish  as  shall  be  necessary  and  according 
to  Law  ought  to  be  Chosen  Yearly  for  Transacting  the  Affairs  of 
said  Parish  and  the  said  Inhabitants  being  so  met  are  hereby  im- 
powered to  make  choice  of  such  Officers,  and  such  Officers  so  Chosen 
(having  first  taken  the  Oaths  injoined  by  Law)  shall  have  the  Like 
Power  in  their  respective  Offices  as  by  Law  they  would  have  had  on 
their  being  Chosen  according  to  the  Directions  of  the  Law  in  the 
Month  of  March  and  Qualified  as  aforesaid.     [Passed  April  18.^ 

*  Sic,  as  to  parenthesis. 

'^  The  words  "  and  Accepted"  are  underlined  in  Mass.  Archives. 

'  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  April  17. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1753-54.  153 


CHAPTEK    357. 

ORDER   DIRECTING    PERSONS    RECEIVING    BOUNTY    MONEY    TO    GIVE     Legislative 

BOND.  Records  of  the 

Council,  XX., 
225.    Mass. 

Ordered  that  the  Several  persons  that  Shall  receive  the  Monies  ^^i^^.^  m 
Granted  by  this  Court  at  this  session  in  Order  to  Enlist  the  five 


Hundred  Men  Ordered  to  go  Eastward  Shall  give  Bond  with  Sureties  nai,  p.  250.  ' 
to  the  province  Treasurer  for  their  duly  Applying  the  Monies  they  chap'.  339.**' 
Shall  receive  &  Accounting  therefor.     \^Passed  April  18. 


CHAPTEK    35  8.  llSKlthe 

Council,  XX., 
225.    Mass. 
ORDER    ALLOWING    1/6    PER    MAN    TO    OFFICERS    FOR    ENLISTING    SOL-  Archives, 

DIERS.  Ixxiv.,  192. 

House  Jour- 

Ordered  that  there  be  Allowed  to  the  Officers  that  may  Inlist  the  °tpm,chap. 
Soldiers  going  Eastward  the  Sum  of  One  Shilling  &  Six  pence  $»  357. 
man  for  Each  man  they  Shall  Inlist.     [Passed  Api'il  18. 


CHAPTER    359. 

ORDER  IMPOWERING  JAMES   THOMAS  AND    STEPHEN    DAVID,   INDIANS, 

TO   SELL  LANDS. 

A  Petition  of  James  Thomas  of  Tetticut,  Indian,  praying  for  Legislative 
Liberty  to  sell  Lands  there,  belonging  to  him,  for  the  Payment  of  councif,xl?^ 
Debts  he  has  contracted  by  the  Maintenance  of  his  Aged  Parents,  225.  Mass.  ' 

•     ■'r-t  ArciiivGS 

and  by  Means  of  Sickness,  in  his  Family ;  and  also  xxxii.,  510. 

A  Petition  of  Stephen  David  of  Titticut,  Indian,  Praying  for  Mass. 
Liberty  to  sell  Land  belonging  to  him  in  Tetticut  for  the  Payment  ^xx»!^494. 
of  his  Debts,  occasioned  by  his  long  Imj)risonment,  Sickness  &c*      House' Jour- 

Ordered  that  the  Prayer  of  the  Petitions  of  Stephen  David  &  ^n<e^ p.  116,' 
James  Thomas  be  So  far  granted  as  that  the  Said  Stephen  &  James  <^^*p-  2^^- 
with  the  Consent  of  the  Guardians  of  the  Titticut  Indians,  be  & 
hereby  are  allowed  &  impowered  to  Sell  all  their  Lands  in  said  Tit- 
ticut in  the  Township  of  Middleborough  Excepting  such  part  thereof 
as  the  Said  Guardians  shall  sett  off  To  be  kept  and  reserved  for  the 
use  &  improvement  of  the  said  Stephen  David  &  James  Thomas  & 
their  heirs  &  such  other  of  the  Descendants  of  the  said  Titticut 
Indians  as  shall  have  occasion  to  Dwell  or  reside  there,  which  pieces 
of  Land  so  sett  off  »&  reserved  as  afore*^  shall  not  be  sold  or  alien- 
ated for  Ever  but  be  kept  for  the  use  afor"^  &  that  the  money  aris- 
ing by  the  said  Sale  shall  be  applyed  by  the  Said  Guardians  for  the 
payment  of  the  said  Stephen  Davids  &  James  Thomas's  Just  Debts 
«&  the  remainder  (if  any  there  be)  to  be  Secured  by  the  said  Guar- 
dians on  Interest  &  applyed  for  the  releif  &  support  of  the  said 
Stephen  &  James  &  the  other  Titicut  Indians  as  the  said  Guar- 
dians shall  order  &  Direct  &  also  that  the  said  Guardians  see  that 
Justice  be  done  the  petitioners  in  the  Sale  of  Said  Lands.  [Passed 
April  18. 


154 


Province  LiAws  (Besolves,  etc.).  — 1753-54.  [Chaps.  360,  361.] 


Legislative 
Eecord8  of  the 
Council,  XX., 
226. 

House  Jour- 
nal, p.  251. 
Ante,  p.  110, 
chap.  256. 


CHAPTEE    360. 

ORDER    REFERR8  THE    ACCQts    OF    THE    GUARD^'^  qf  THE   MARTHA'S 
VINEYARD  INDIANS. 

Whereas  sundry  Articles  in  the  Account  exhibited  by  the  Guar- 
dians of  the  Martha's  Vineyard  Indians,  appear  very  extraordinary, 
and  no  Vouchers  to  support  any  part  of  the  Account, 

Ordered  that  the  said  G-uardians  be  directed  to  appear  before  the 
Court  on  the  second  Thursday  of  the  next  May  Session;  and  that 
the  further  Consideration  of  said  Account  be  referred  to  said  Time. 
[Passed  A23ril  18. 


CHAPTER    361. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  CAMB^e  FIRST  PARISH 
PET"  AND  SETTING  OFF  DIVERS  LANDS  AND  THEIR  INHABITANTS 
FROM   WATERTOWN   TO  SAID   l^^  PARISH  IN   CAMBRIDGE. 


Legislative 
Records  of  the 
Council,  XX., 

105, 228.  Mass. 
Archives,  xiii., 
472. 

Mass. 

Archives,  xiii., 
471.    Legisla- 
tive Records  of 
the  Council, 
XX.,  131,  144, 
148.    House 
Journal, 
pp.  104, 156, 159, 
251. 


A  Petition  of  the  first  Parish  in  the  Town  of  Cambridge,  setting 
forth  the  smallness  of  their  Numbers  and  Estates,  and  the  Difficulties 
they  are  under,  to  give  a  suitable  Support  to  the  Gospel  Ministry, 
Praying  some  in  the  Towns  of  Charlestown  &  Watertown  whose 
Lands  ly  contiguous  to  the  said  Parish  may  be  added  to  it. 

The  Committee  on  the  Petition  of  the  first  Parish  in  Cambridge, 
Praying  that  a  Number  of  Inhabitants  of  the  Town  of  Watertown 
with  their  Estates  be  annexed  to  them ;  having  viewed  their  Situa- 
tion, heard  the  Parties,  and  finding  it  most  Convenient  for  the  said 
Inhabitants  to  attend  the  publick  Worship  of  God  in  the  said  Parish, 
as  they  usually  have  done  for  many  Years  past,  and  it  being  their 
Desire  to  be  set  off  to  the  Town  of  Cambridge,  as  well  as  to  the  first 
Parish  aforesaid:  Keport  that  all  the  Inhabitants  &  Lands  within 
the  following  Bounds  be  annexed  to  the  Town  and  first  Parish 
aforesaid,  to  do  Duty  &  receive  Priviledge  in  the  same.  The  divid- 
ing Line  between  the  Towns  of  said  Cambridge  &  Watertown  to 
begin  at  Charles  Eiver  &  from  thence  to  run  in  the  Line  between 
the  Lands  of  Simon  Coolidge,  Moses  Stone,  Christopher  Grant,  and 
the  Thatchers,  and  the  Land  of  Col°  Brinley  &  Ebenezer  Wyth, 
to  the  fresh  Pond  so  called.     All  which  is  humbly  submitted 

Per  Joseph  Pynchon  ^  Order, 

Eead  & 

Ordered  that  the  Eeport  on  the  other  Side  be  iSs  hereby  is  Ac- 
cepted, And  the  Lands  &  Inhabitants  on  them  therein  mentioned 
are  accordingly  set  off  from  the  Town  of  Watertown  to  the  Town 
of  Cambridge  &  the  first  Parish  in  said  Town  by  the  Line  in  the 
Eeport  particularly  described,  to  do  Duty  &  receive  Privilege  there. 
[Passed  April  18. ' 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  April  19. 


[3d  Sess.]     Province  Laws  (Mesolves,  etc.).  — 1753-54.  155 


CHAPTEll    362. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  MEDFORD  PETITION 
AND  SETTING  OFF  LANDS  WITH  THE  INHABITANTS  THEREON  FROM 
CHARLESTOWN  TO  MEDFORD. 

A  Petition  of  the  Inhabitants  of  the  Town  of  Medford  setting  Legislative 
forth  that  there  are  several  Tracts  of  Land  belonging  to  the  Town  counc'if  xi!'^^ 
of  Charlestown,  (particnlarly  described  in  the  Petition)  which  are  124, 228.' 
more  commodiously  situated  for  Medford  than  Charlestown,  Pray-  Maes, 
ing  in  Consideration  of  the  smallness  of  Medford  that  they  may  cxvi.,  ws! 
be  set  off  to  said  Town.  na°irpp.'\°25!*i27. 

The  Committee  to  whom  was  referred  the  Petition  of  the  Town  i56,' 159',  251. 
of  Medford,  Praying  that  certain  Tracts  of  Land  &  the  Inhabitants 
thereon  belonging  to  the  Town  of  Charlestown  may  be  set  off,  & 
annexed  to  the  Town  of  Medford,  together  with  a  proportionable 
part  of  certain  Eights  &  Priviledges,  arising  from  some  of  said 
Lands  belonging  to  said  Charlestown;  having  (the  Major  part  of 
them)  repaired  to  said  Towns,  viewed  the  Situation  of  the  Inhabi- 
tants &  Lands  petitioned  for;  heard  the  Parties  &  considered  the 
Affair  report  as  follows.  That  the  Pet"^  be  so  far  granted  as  that  the 
Inhabitants  &  Lands  lying  on  the  North  &  South  ^ide  of  said  Med- 
ford River  as  described  in  their  Petition,  be  sett  off  &  annexed  to 
the  Town  of  Medford,  and  to  perform  Duty  &  receive  Priviledge, 
as  part  of  said  Medford,  and  that  the  Charge  of  maintaining  the 
Road  or  High  way  from  Charlestown  towards  Monotamy,  so  far  as 
it  runs  thro  Charlestown  and  now  is  made  the  bound  of  Medford, 
be  equally  born  by  each  Town,  that  half  lying  nearest  to  Charles- 
town to  be  maintained  by  Charlestown,  the  other  by  Medford,  but 
yet  as  to  the  other  part  of  said  Petition,  which  respects  the  Rights 
&  Interests  arising  from  some  of  the  said  Lands  belonging  to  Charles- 
town, the  Committee  are  humbly  of  Opinion  that  it  ought  to  be  dis- 
missed. 

The  Committee  further  beg  Leave  to  report  that  the  Town  of 
Charlestown  be  free  from  all  Cost  &  Charge  in  Maintaining  any 
part  of  the  Bridge  standing  over  Medford  River,  and  the  Causey 
on  the  North  side  of  said  River,  and  to  be  freed  from  such  Part 
of  the  Province  Tax  as  belonged  to  said  Inhabitants  &  Lands, 
hereby  set  over  to  the  Town  of  Medford,  and  the  Lands  ajapro- 
priated  to  a  publick  Use,  situate  on  the  North  Side  of  Medford 
River  to  be  free,  as  they  heretofore  have  been  from  all  Taxes. 

Which  is  submitted:  Joseph  Pynchon  per  Order. 

Read  & 

Ordered  that  the  Lands  within  mentioned  together  with  the  In- 
habitants thereon,  be  &  hereby  are  sett  off  from  the  Town  of  Charles- 
town to  the  Town  of  Medford  accordingly.     [Passed  April  18.^ 

1  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Leg- 
islative Records  of  the  Council  the  date  is  April  19. 


156 


Province  Laws  {Resolves,  e^c.).  — 1753-54.  [Chaps.  363,  364.] 


CHAPTEK    363. 


Legislative 
Records  of  the 
Council,  XX., 
142.    Mass. 
Archives, 
cxvi.,  493. 

Mass. 
Archives, 
cxvi.,  491. 
Legislative 
Eecords  of  the 
Council,  XX., 
226.    House 
Journal, 
pp.  150,  252. 


ORDER  REFERRING  THE   PET^  OF  JACOB  WENDELL,  ESQ",  IN  REGARD 
TO   THE  NEW   TOWNSHIP  OF  PONTOOSUCK. 

A  Petition  of  Jacob  AYendell  Esq'  one  of  the  principal  Pro- 
23rietors  of  a  new  Township  in  the  County  of  Hampshire  called 
Pontoosiick  shewing  that  by  a  late  Division  of  the  Lands  there, 
in  Consequence  of  an  Order  of  the  Superiour  Court,  he  is  greatly 
injured,  Praying  that  the  said  Division  may  be  set  aside,  and  he 
may  have  his  just  Eight  in  the  said  Township. 

Eead  together  with  the  Answer  of  Oliver  Partridge  Esq""  and  the 
Eeply  of  Timothy  D  wight  Esq""  and  others  the  Committee  appointed 
by  the  Superiour  Court  for  making  the  Partition  within  mentioned 
and 

Ordered  that  the  Consideration  of  this  Petition  be  refer'd  to  the 
next  May  Session.     \^Passed  A2)ril  19. 


CHAPTEE    364. 


Legislative 
Records  of  the 
Council,  XX., 
227.    Mass. 
Archives, 
xlvi.,  350. 

Mass. 
Archives, 
xlvi.,  349. 
House  Jour- 
nal, pp.  206, 252. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  PROV«'=  LANDS  IN  PLYM^ 
COUNTY,  AND  ALLOWING   £5.  9.  8  EXPENSES  THEREOF. 

The  Committee  '  to  inquire  into  the  Circumstances  of  the  Lands 
belonging  to  the  Province  in  the  County  of  Plymouth  beg  Leave  to 
report  that  they  attended  that  Service  in  part,  and  that  they  pro- 
ceeded to  Eochester  &  viewed  the  following  Lands 

1.  One  hundred  &  twelve  Acres  mortgaged  by  William  GiflEerth 
dec*^  to  the  Commissioners  of  the  Fifty  thousand  Pounds  Loan,  now 
in  the  Possession  of  sundry  Persons ;  Action  was  brought  for  the  Ee- 
covery  of  the  Possession  about  two  Years  since ;  but  no  Execution 
granted  thereon,  It  is  in  general  poor  Land.  2.     One  hundred 

Acres  mortgaged  by  Lieutenant  Samuel  Sprague  dec*^  to  the  Com- 
missioners of  the  Hundred  Thousand  Pounds  Loan,  is  a  small  Part 
inclosed,  the  other  Wood  Land,  Considerable  of  it  Swamp  and  is 
tolerable  good  Land;  the  Widow  never  quitted  her  Dower.  3. 

Ten  Acres  mortgaged  by  John  White,  partly  enclosed,  partly  vacant, 
the  whole  of  small  Value,  the  Wood  mostly  cut  off.  The  follow- 

ing Lands  in  Pembrook.  4.  Eighty  three  Acres  mortgaged  by 

John  Eogers  of  Pembroke ;  mortgaged  to  Essex  Commissioners ;  the 
Interest  partly  paid ;  Is  in  general  poor  Land :  supposed  some  Iron 
Oar  here,  The  Committee  further  beg  Leave  to  report  that  there 
are  sundry  other  Lands  in  that  County  that  pertain  to  the  Province 
as  they  aj)prehend:  And  that  there  were  divers  other  Lands  which 
were  mortgaged  to  the  above  Commissioners  by  sundry  Persons  that 
have  since  paid  the  Money,  but  have  not  been  so  careful  as  to  get 
their  Mortgages  discharged. 

All  which  is  humbly  submitted: 

per  Gamaliel  Bradford  per  Order. 

Subjoined  an  Accompt  of  the  Committees  Time  &  Expence  in 
the  said  Service,  amounting  to  the  Sum  of  Five  Pounds  nine  Shil- 
lings and  eight  pence. 

1  Of  the  House.     See  House  Journal,  p.  206. 


[3d  Sess.]     Province  Laws  {^ResolveSy  etc.).  — 1753-54.  157 

Read  & 

Ordered  that  the  within  report  be  Accepted  And  that  the  Sum 
of  five  pounds  Nine  shillings  &  Eight  pence  be  Allowed  &  paid  the 
S**  Committee  In  full  of  the  within  Acc^     {Passed  April  19. 


CHAPTEK    365. 

VOTE  ACCEPTING  REPORT  OF  COMMITTEE  REFERS  TO  THE  AFFAIRS  OF 
THE  SIX  NATIONS  AND  THE  BOUNDARY  LINE  BETWEEN  NEW  YORK 
AND  MASSACHUSETTS. 

The  Committee  appointed  to  prepare  Instructions  to  the  Com-  Legislative 
missioners  who  are  to  meet  Commissioners  from  the  other  Govern-  councn^ xx!f ^ 

ments  at  Albany  in  June  next,  at  the  Interview  with  the  Six  Nations,  ^^^ 

and  also  to  settle  the  Boundary  between  this  Government  &  that  of  ^If^r^g^Jf^^j^g 
New  York,  have  attended  that  Service,  and  drawn  up  Heads  of  In-  council,  xx., 
structions  for  the  Purposes  aforesaid  and  also  such  Votes  as  the  Com-  journal,  p.°25^2! 
mittee  apprehend  necessary  to  be  passed  by  the  Court,  in  order  to  ^nte,  pA46, 
his  Excellency  the  Governour's  granting  Commissions  for  the  Ser- 
vice aforesaid :  All  which  are  hereunto  annexed  &  humbly  submitted. 

Per  Benjamin  Lynde  per  Order, 

Eead  &  Accepted.'     \^Passed  April  19. 


CHAPTER    366. 

VOTE  REFERS  TO  COMMISS^^  IN  RELATION  TO  THE  SIX  NATIONS,  &  Y= 

OTHER  COMMISS^s. 

Voted  that  Samuel  Welles,  John  Chandler  Tho^  Hutchinson,  Oliver  Legislative 
Partridge  &  John  Worthington  Esq"  (any  three  of  whom  to  be  a  ^^xx^m^ 
Ouoram)  be  and  they  hereby  are  fully  authorized  and  impowered  to  229.  Mass. 
represent  &  appear  for  this  Province  at  the  General  Convention  of  467. 
the  British  Governm*^  proposed  to  be  held  at  Albany  in  June  next,  Mass. 
and  in  Concert  with  Commiss''^  from  all  or  any  of  the  said  Governm**  ^6^^^I«t/^'' 
to  enter  into  Articles  of  Agreement  and  Confederation,  as  well  offen-  p.  i46,chap. 
sive  as  defensive  for  their  general  Safety  &  Interest,  and  for  confirming  chap,  sef.'"''' 
&  establishing  the  ancient  &  uninterrupted  Attachm*^  of  the  Indians 
of  the  Six  Nations  to  his  Majesty  our  most  Gracious  Sovereign,  and 
their  long  &  constant  Friendship  with  His  Majestys  Subjects  on  this   . 
Continent.''     [^Passed  Ap)ril  19. 


CHAPTER    367. 

VOTE  REFERR<5  TO  THE   COMMISS^s  SETTLING  THE  BOUNDARY  WITH 

NEW  YORK. 

Voted  &    Ordered,   that  Samuel  Welles,   John  Chandler,   Tho^  Rifordlolthe 
Hutchinson,  Oliver  Partridge  &  John  Worthiugton  Esq""'  Commiss"  council,  xx., 
appointed  by  this  Court  (they  or  any  three  of  them)  be  authorized  on  230.  Mass. 

>  There  were  some  amendments  to  the  papers  submitted. 
^  Not  found  in  the  House  Journal. 


158 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  368,  369.] 


Archives, 
cclxxxiii.,  63. 

Mass. 

Archives,  iv., 
446.    Supra, 
chap.  366. 


behalf  of  this  Province  to  meet  Commiss"  which  are  or  may  be  ap- 
pointed on  the  Part  of  the  Province  of  New  York,  and  with  them  to 
confer  &  agree  upon  the  Partition  ^  Line  between  his  Maj*^®  Provinces 
of  the  Massachusetts  Bay  &  New  York,  &  to  prepare  a  proper  Account 
&  State  of  the  Line  they '  shall  agree  upon,  to  be  laid  before  their 
respective  Principals  for  their  Consideration  &  Acceptance,  in  order 
humbly  to  present  the  same,  after  their  accepting  it,  to  be  approved 
&  ratified  by  his  Majesty;  or  otherwise  to  agree  on  a  Line  to  be 
immediately  submitted  to  his  Majesty  for  his  Eoyal  Approbation  & 
Confirmation  as  the  Commissioners  mutually  chosen  shall  judge  best. 
The  Gentlemen  above  named  to  be  Commissionated  by  his  Excellency 
the  Governor  for  the  Purpose  aforesaid  under  the  Seal  of  the  Prov- 
\_Passed  Ajiril  19. 


mce. 


Legislative 
Records  of  the 
Council,  XX., 
230.    Mass. 
Archives, 
xlvi.,  347. 

Ante,  p.  106, 
chap.  246. 


CHAPTEK    368. 

VOTE    REFERR^  TO    THE    COMMISK^    APPOINTED    TO   DISPOSE   OF  THE 

PROV'^'^  LANDS. 

Voted,  That  Samuel  Welles  John  Chandler  Tho'  Hutchinson 
Oliver  Patridge  &  John  Worthington  Esq"  be  &  they  hereby  are 
impowered  &  directed  to  proceed  to  the  County  of  Hampshire  & 
carefully  to  enquire,  into  the  Possessions  &  improvements  of  the 
several  persons,  who  without  any  grant  or  warrant  from  this  Gov- 
ernm*  have  euter'd  on  any  of  the  Province  lands,  situate  further 
Westward,  than  the  Townships  of  Sheffield  &  Stockbridge,  altho 
part  of  said  lands  may  ly  more  north  than  said  Townships,  and 
they  are  hereby  fully  authorised  to  quiet  any  &  all  such  persons 
in  their  possessions  or  improvements,  &  on  the  part  &  behalf  of 
this  Court  to  Quitclaim  &  relinquish  to  them  their  heirs  &  assigns, 
the  whole  or  any  part  of  the  lands  on  which  they  have  entered,  as 
also  to  grant,  dispose  or  make  sale  of,  any  or  all  other  of  said  Prov- 
ince lands  lying  further  Westward  than  Sheffield  &  stockbridge  as 
aforesaid,  not  actually  entered  upon,  improved  or  possest  according 
to  their  best  discretion,  and  as  shall  appear  to  them  to  be  most  for 
the  service  of  this  Province  &  the  defence  &  strengthening  of  that 
frontier  And  upon  such  terms  of  Settlement,  purchase  or  Quit  rent 
as  they  shall  Judge  equitable  &  his  excellency  the  Governour  is 
desired  to  comissionate  them  for  this  purpose  under  the  Province 
Seal,  and  they  Shall  be  under  oath  to  pursue  the  true  intent  & 
design  of  their  comission  &  to  render  an  acc°  of  their  doings  to 
this  Court,  Three  of  said  Coinissioners  to  be  a  Quorum. °  \^Pass6d 
April  19. 


CHAPTER    369. 


Legislative 
Records  of  the 
Council,  XX., 
235.    Mass. 
Archives,  Ixv., 
25. 


VOTE  ALLOWING   £66.  13.  4  TO  EUNICE  HOOPER. 

A  Petition  of  Eunice  Hooper  Eelict  Widow  of  Samuel  Hooper 
late  of  Marblehead  Mariner  dec'^  shewing  that  said  Samuel  Avas  in 
the  Y-ear  1746  employed  by  this  Government  as  Master  of  an  Express 
Vessell  (whereof  he  was  half  Owner)  to  carry  Intelligence  of  the 

1  MS.  mutilated. 

"  Not  found  in  the  House  Journal. 


[3d  Sess.]     Province  Laws  (Besolves,  etc.).  — 1753-54.  159 

French  Fleet  at  Chebucto  to  Admiral  Lestock;  then  expected  at  Mass. 
Cape  Breton,  that  the  said  Samuel  was  then  taken  by  the  French  23!^HoMe  ^'' 
in  the  said  Vessel  and  afterwards  retaken  &  carried  to  the  West  pp^4|'^J54 
Indies,  and  in  his  Passage  home  lost  at  Sea,  &  never  afterwards 
heard  of,  that  the  Petitioners  Husband  in  his  Life  time,  nor  the 
Petitioner  since  his  Death  have  had  any  allowance  for  the  Loss  of 
his  Vessell,  &  his  own  &  his  Servants  Wages;  therefore  Praying 
that  this  Court  would  make  her  Satisfaction  for  the  same, 

Eead  &  thereupon 

Voted  that  the  Sum  of  Sixty  Six  pounds  Thirteen  shillings  &  four 
pence  be  paid  out  of  the  Province  Treasury  &  put  into  the  hands 
of  the  Eev*^  M''  Simon  Broadstreet '  of  Marblehead  &  by  him  to  be 
Appl'y  d  as  he  in  descretion  Shall  Judge  best  for  the  Use  &  benefit 
of  the  pef  And  her  Children.     [Passed  Aj^ril  19.^ 


CHAPTER    370. 

ORDER  SETTING  OFF  PETER  TUFTS  AND   HIS  ESTATE   FROM  CHARLES- 
TOWN  TO  MEDFORD. 

A  Petition  of  Peter  Tuft  of  Charlestown  shewing  that  he  has  Legislative 
a  small  Peice  of  Land  in  said  Town  containing  about  Three  Acres  couScif  xx*^* 
with  a  dwelling  House,  much  more  commodiously  situated  for  the  i^e.  Mass."' 
Town  of  Medford  than  Charlestown,  Praying  that  said  Estate  may  cxvi.,^541;  542. 
be  set  off  to  Medford.  Legislative 

Read  and  Accepted  and  counc'if  xx^^^ 

Ordered  That  the  said  Peter  Tufts  with  his  Estate  above  men-  144,  i48,'230.'' 
tioned  be  annexed  to  the  Town  of  Medford  Accordingly.  naia^p!2i9!'256. 

And  That  the  Town  of  Medford  be  &  hereby  are  Oblidged  to  ^^j^'j^i^^' 
Maintain  &  repair  from  time  to  time  one  half  of  the  high  way  from 
S*^  Tufts  House  Unto  Medford  Line  as  Established  this  Session 

And  also  that  the  S'^  Tufts  pay  to  the  Town  of  Charlstown  all 
Taxes  already  assessed  upon  him  by  S**  Town.     [Passed  April  20.^ 


CHAPTER    371. 

ORDER    FOR    ISSU«  EXECUT^  AGAINST    THE    ESTATE    OF    THE    LATE 
SHERIFF  OF  YORK. 

Whereas  in  the  Account  of  the  late  Treasurer  William  Foye  Legislative 
Esq""  exhibited  by  Samuel  Watts  Esq^  and  others  a  Committee  of  councif  xl**^^ 
this  Court  he  represented  to  be  due  on  Executions,  that  were  deliv-  231.      '  ' "' 
ered  M"'  Plaisted  late  Sheriff  of  the  County  of  York,  the  Sum  of  House  Jour- 
Three  hundred  &  thirty  Pounds,  since  which  his  Executors  have  proVjncf ' 
paid  One  hundred  &  fourteen  Pounds,  so  that  there  remains  due  Laws,  xiv.,  654, 
Two  hundred  &  sixteen  Pounds,  therefore  ^  ^^''^  ' 

Voted  that  the  present  Treasurer  be  directed  to  issue  out  new 
Executions  for  said  Sum  of  Two  hundred  &  Sixteen  Pounds,  that 
the  same  be  paid  into  his  Hands  as  soon  as  possible.  [Passed 
April  20, 

>  The  House  Journal,  p.  254,  reads,  "Mr.  Simon  Bradstreet." 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  April  22. 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  April  19. 


160 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  372,  373.] 


Legislative 
Records  of  the 
Council,  XX., 
232.    Mass. 
Archives, 
Ixxiv.,  170. 

Mass. 
Archives, 
Ixxiv.,  168, 169. 
House  Jour- 
nal, pp.  231, 256. 


CHAPTER    372. 

ORDER  ALLOWING   £L  11.  4  TO  JOS.   METCALF. 

A  Petition  of  Joseph  Metcalf,  shewing  that  he  was  impressed 
into  His  Majesty's  Service  on  the  Eastern  Frontiers  in  the  Year 
174:9,  and  was  left  out  of  the  Muster  Roll  the  Time  between  his 
Impressment  &  his  getting  to  his  Post,  Praying  that  this  Court 
would  allow  him  to  receive  the  remaining  Wages  out  of  the  pub- 
lick  Treasury. 

Ordered  that  there  be  allowed  and  paid  out  of  the  Province  Treas- 
ury the  Sum  of  One  pound  Eleven  Shillings  &  four  pence  to  Joseph 
Metcalf  in  full  for  his  Wages  mentioned  in  his  Petition.  \^Passed 
April  20. 


CHAPTER    373. 


Legislative 
Records  of  the 
Council,  XX., 
232.    Mass. 
Archives, 
cxvi.,  577. 

House  Jour- 
nal, pp.  241, 256, 
257. 


ORDER  IMPOWERING  THE  GUARDIAN  OF  THE  HEIRS  OF  JEREMIAH 
ALLEN  AND  THE  ATTORNEY  OF  MR  MADDOCKS  TO  CONVEY  LAND 
TO  THE   TOWN  OF  BOSTON. 

A  Petition  of  the  Select  Men  of  Boston,  by  Order  of  the  Inhabi- 
tants of  said  Town,  shewing  that  for  the  Safety  of  the  said  Town 
in  Case  of  Fire  they  are  desirous  to  widen  the  Street  called  Ann 
Street,  which  might  be  easily  done  were  it  not  for  That  the  Heirs 
of  Jeremiah  Allen  dec*^  (Owners  of  one  of  the  Old  Buildings  nec- 
essary to  be  taken  down  or  removed)  are  Minors;  and  M''  .  .  . 
Madocks  (Owner  of  the  other)  lives  out  of  the  Province,  therefore 
Praying  that  the  Petitioners  may  be  enabled  by  this  Court  to  take 
down  or  remove  so  much  of  said  Buildings  as  may  be  found  neces- 
sary, in  order  to  widen  that  part  of  said  Street  which  is  narrow, 
the  Petitioners  being  willing  that  Justice  should  be  done  to  the 
Owners  by  having  such  an  Allowance  made  them  by  the  said  Town 
as  will  be  equivalent  to  the  Damage,  or  that  they  be  otherwise  re- 
leived  as  this  Court  shall  judge  best. 

Voted  & 

Ordered,  that  the  Guardian  or  Guardians  of  the  heirs  of  M""  Jere- 
miah Allen  being  minors,  be  impower'd  to  convey  to  the  town  of 
Boston,  that  part  of  the  land  requested,  belonging  to  said  heirs, 
at  a  price  which  Shall  be  agreed  on,  with  the  Selectmen  of  Boston, 
&  also  that  M'  William  Parkman,  attorney  to  M'  ^  Maddocks,  be 
likewise  impowered  to  convey  to  the  Town  of  Boston  the  land  re- 
quested belonging  to  s''  Maddocks  on  a  price  agreed  on  as  for  the 
other  piece,  both  pieces  of  land  always  to  ly  for  common  use  as 
highway,  and  the  said  conveyances,  it  is  hereby  declared.  Shall  be 
good  &  valid  to  all  intents,  purposes  &  constructions  whatsoever. 
\Passed  April  20. 

1  Sic. 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1753-54.  161 

CHAPTEE    374. 

ORDER  ALLOWING  £20  TO  NATHANIEL  HASEY  &   JOHN  BARKER. 

A  Petition  of  Xathaniel  Hasey  &  John  Barker;  shewing  that  R^^^^^^'^^^f^,^ 
in  the  Year  1741,  (they  being  then  Deputy  Sheriffs  in  the  County  council,  xx"., 
of  Suffolk)  they  were  employed  by  this  Government  to  search  for  Archives^^cm. 
Counterfieters  of  Rhode  Island  Bills  of  Credit,  in  which  Affair  they  ■^'^"- 
spent  much  time  &  Money,  and  never  could  obtain  any  thing  from  Mass. 
that  Government,  Praying  for  a  proper  Allowance  from  this  Court.  215?  Hous^e ''' 

Eead  &  Jp^oll'.'-iae. 

Ordered  that  the  Pet"  be  Allowed  &  paid  out  of  the  Publick 
Treasury  the  Sum  of  Twenty  pounds  In  full  of  their  Account  of 
Charges  &  service  Mentioned  in  the  Petition.      [Passed  Ajjril  20, 


CHAPTER    375. 

ORDER  IMPOWERING  ABIGAIL   WILLIAMS,  ADM^,  TO    SELL    AN    ESTATE. 

A  Petition  of  Abigail  Williams  Widow  &  Administ^  of  the  Estate  Legislative 
of  Thomas  Williams  jun'  late  of  Charlestowu  in  the  County  of  Mid-  counclf,  x x*.f 
dlesex  dec'^  shewing  that  the  Personal  Estate  is  not  sufficient  to  pay  234.  Mass.' '' 
the  Debts;  and  Whereas  the  Pef'^  Husband  left  several  small  Chil-  f^^^^^^'""'^- 
dren,  and  his  Eeal  Estate  consists  in  part  of  a  Wharf  &  Peice  of  House  Jour- 
Land  adjoining,  which  may  be  sold  for  more  than  the  Amount  of  nai,pp.255,256. 
the  Debts,  yet  in  Consideration  of  the  Charge  the  Petitioner  will 
be  put  to  for  the  supjjort  of  the  said  Children,  Praying  for  Licence 
from  this  Court  to  sell  the  above  mentioned  Wharf  &  Land  adjoin- 
ing thereunto  for  the  Purposes  aforesaid. 

Read,  & 

Ordered  that  the  Prayer  of  this  Petition  be  granted,  &  that  the 
Petitioner  in  her  said  Capacity  be  &  she  is  hereby  authorized  to 
make  sale  of  the  Premises  (for  the  Purposes  mentioned)  for  the 
most  that  may  be;  having  previously  given  Publick  Notice  of  such 
intended  sale  in  time  &  manner  as  is  directed  in  the  Law  touching 
the  sale  of  Real  Estates  by  Executors  &  Administrators :  she  to  be 
accountable  to  the  Judge  of  Probate  for  the  County  aforesaid,  for 
her  Proceedings  in  relation  to  the  Disposal  or  application  of  the 
Proceeds  of  such  sale.     {Passed  April  20.'' 


CHAPTER    376. 

ORDER  DIRECTING  THE  INHAB^s  OF  CHARLESTOWN  SET  OFF  TO  MED-  Legislative 

FORD,  TO  PAY  FORMER  TAXES.  Records  of  the 

Council,  XX., 
235.    Mass. 

Ordered  that  the  Inhabitants  of  the  Town  of  Charlestown  sett  ^/^^'^||'. 
off  from  s<^  Town  &  x\nnexed  to  the  Town  of  Medford  by  an  Order  ^^^^^  j^'^^ — 
passed  this  Court  the  Present  session,  pay  the  Several  sums  already  nai.p.  26i. 
Assessed  upon  them  whither  Town,  County,  or  Province  Taxes  in  4'ap.m^^' 
the  Same  Manner  as  tho  s*^  Order  had  not  Passed.    {Passed  April  23. 

'  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  April  22. 


162 


Province  Laws  {Resolves,  etc.).  — 1753-54.  [Chaps.  377-379.] 


Legislative 
Records  of  the 
Council,  XX., 
236.    Mass. 
Archives,  xiii., 
470. 

House  Jour- 
nal, p.  261. 
Ante,  p.  154, 
Chap.  361. 


CHAPTER    377. 

ORDER  DIRECTING  THE  INHAB^s  OF    WATERTOWN    SET    OFF    TO    CAM- 
BRIDGE TO   PAY  FORMER  TAXES. 

Order'd  That  the  Inhabitants  of  the  town  of  Watertown  Set  off 
from  said  Town  &  Annex'd  to  the  Town  of  Cambridge  by  an  order 
pass'd  this  Court  the  present  Session  pay  the  several  Sums  already 
assess'd  upon  them  whether  Town  County  or  province  Taxes  in  the 
same  manner  as  tho'  said  Order  had  not  pass'd  And  that  that 

proportion  of  the  Province  tax  which  the  said  inhabitants  hereto- 
fore paid  in  the  town  of  Watertown  shall  be  taken  off  from  said 
Town  &  added  to  the  town  of  Cambridge  in  the  next  province  tax. 
{Passed  April  22. 


CHAPTER    378. 


Legislative 
Records  of  the 
Council,  XX., 
236. 

House  Jour- 
nal,  p.  262. 


VOTE  REFERRING  ALL  UNFINISHED   MATTERS. 

Voted  that  all  Matters  that  had  Day  at  this  Sitting  and  not  passed 
upon,  have  the  same  Day  at  the  next  May  Session.     \Passed  A'pril 28. 


CHAPTER    379. 


Legislative 
Records  of  the 
Council,  XX., 
236.    Mass. 
Archives, 
xlvi.,  863. 

House  Jour- 
nal, pp.  259, 260. 
Province 
Laws,  i.,750, 
chap.  10;  ii., 
61  chap.  18; 
189,  chap.  14; 
470,  chap.  17. 


VOTE  APPOINTING  A  COM^^^^  TO   INQUIRE  INTO  THE   LOANS. 

In  the  House  of  Eepresentatives, 

Voted  that  Sam'  Welles  Esq'"  M*^  James  Eussel  Henry  Gibbs  Esq"" 
Salem  Col  Partridge  Col  Bradford  Col  Otis  Col  White  M"^  Bradley 
&  Col  Winslow  with  Such  as  shall  be  Joyned  by  the  Honour- 

able Board  be  a  Comittee  &  any  three  of  them  to  be  a  Quorum  to 
enquire  into  the  circumstances  of  the  Loan  of  £50,000  Bills  of 
Credit,  Issued  by  this  Court,  Anno  Dom  1714  &  of  another  Loan 
of  £100,000  Anno,  1716  as  also  of  the  Loan  of  £50,000  An.  1720. 
&  likewise  of  the  Loan  of  £60,000  Anno,  1727,  &  lay  a  full  &  exact 
state  &  acco'  of  the  lands  forfeited  &  now  belonging  to  the  Province 
and  of  the  Balances  due  where  lands  were  not  mortgaged  as  security 
&  the  S*^  Com*®^  or  a  Quorum  thereof  be  impowered  to  Send  for  per- 
sons &  papers 

In  Council;  Eeaid  &  Concur'd  And  Benjamin  Lynde,  John  dish- 
ing, Ezekiel  Chever  John  Wheelwright  &  Thomas  Hutchinson  Esq" 
are  joined  in  the  Affair.     \Passed  A])ril  23. 


RESOLVES,  ORDERS,  VOTES, 

ETC. 

Passed   1754-55- 


[163J 


LEGISLATIVE   LIST' 


1754-55 


His  Excellency  WILLIAM   SHIELEY, 

Captain-Gekeral  and  Goverxor-in-chief,  etc. 

JOSIAH   WILLARD,    Esq., 

SECRETARY  OF  THE  PROVINCE. 

THOMAS    CLARKE,    Esq., 

DEPUTY   SECRETARY. 


COUNCILLOES   OE   ASSISTANTS. 

Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the  Territory  formerly 
called  the  Colony  of  the  Massachicsetts  Bay  j  * 

John  Osborne 


Francis  Foxcroft 

JOSIAH    WiLLARD 

Jacob  Wendell 
Benjamin  Lynde 
Daniel  Eussell 
Samuel  Danforth 
John  Greenleaf 
Samuel  Watts 


John  Chandler 

EZEKIEL    ChEYER 

Andrew  Oliyer 
Joseph  Pynchon 
'EsQRS.  Thomas  Hutchinson 

Stephen  Sewall 
Isaac  Eoyal 
Eleazer  Porter 
John  Frying 


■  Esqrs. 


Of  the  Inhabitants  of  or  Proprietors  of  Lands  witJiin  the  Territory  formerly 
called  the  Colony  of  Neio  Plymouth  ; 

John  Gushing  )  -^^  Sylyanus  Bourn 

^«Q^^-  John  Otis 


George  Leonard 


r 


Esqrs. 


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

Sir  William  Pepperel,  Baronet,  John  Hill  &  Jabez  Fox,  Esqrs. 

>  See  Legislative  Records  of  the  Council,  xx.,  237-240. 
[165] 


166     Froyi^ce  Ijaws  (Besolves,  etc.).  —  1754-55.     [Representatives.] 

Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the  Territory  lying 
hetioeen  the  River  of  Sagadahoch  &  Nova  Scotia  ; 

John"  "Wheelwright,  Esq. 

For  the  Province,  at  large :  — 
James  Minot  &  Benjamin  Lincoln,  Esqrs. 


REPRESENTATIVES   OR  DEPUTIES. 

May  29,  1754  to  April  28,  1755. 
Mr.  THOIVIAS  HUBBARD,  Speaker. 


Boston, 


Roxbury, 
Dorchester, 

Milton,   . 
Braintree, 


County  of  Suffolk. 
.     .  Samuel  Welles,  Esq., 
James  Allen,  Esq., 
Thomas  Hubbard,  Esq., 
Mr.  James  Bowdoin. 
.     .  Ca^Dt.  Joseph  Williams. 
Robert  Spur,  Esq. 
Samuel  Miller,  Esq. 
Mr.  Josiah  Quincy, 
Mr.  Samuel  Niles,  Jr. 

Weymouth, .     .  Capt.  Thomas  Pratt. 

Hinyhayn,   .     .  Mr.  Jacob  Gushing. 

Declham,      .     .  Joseph  Richards,  Esq. 

Medjield,     .     .  Mr.  Symon  Plympton. 

Stoughton,  .     .  John  Siliepherd,  Esq. 

Needhani,    .     .  Mr.  William  Bowdoin. 

Medway,     .     .  Mr.  Jonathan  Adams. 

County  of  Essex. 

Salem,^  .     .  .  Henry  Gibbs,  Esq., 

Daniel  Epes,  Jr.,  Esq. 

Ipswich,      .  .  John  Choat,  Esq. 

Newbury,    .  .  Mr.  Benjamin  Greenleaf, 
Joseph  Gerrish,  Jr.,  Esq. 

Lyn,       .     .  .  Capt.  Benjamin  Newhall. 

Marblehead,  .  John  Tasker,  Esq. 

Andover,     .  ,  Major  Joseph  Fry. 

Beverly,      .  .  Robert  Hale,  Esq, 

Rowley,  .     .  .  Mr.  Humphrey  Hobson. 

Salisbury,  .  .  Caleb  Gushing,  Esq. 

Haverhill,   .  .  Richard  Saltonstall,  Esq. 

Olocester,    .  .  Mr.  William  Stevens. 

Amesbury,  .  .  Mr.  Isaac  Merrill. 

Bradford,    .  .  Capt.  Benjamin  Milliken. 

Boxford,      .  .  Mr.  Jonathan  Foster. 


County  of  Essex  —  Concluded. 
Topsfield,  .     .     .  Mr.  Elijah  Porter. 
Wenhatn,   .     .     .  Capt.  John  Dodge. 


County 

Cambridge,     .     . 


Charlestown, 
Water  town. 
Concord  & 
Carlisle, 
Woburn,     . 
Reading,    . 
Newtown,  . 
Sudbury,  . 
Marlborough, 
Groton, 
Billerica,  . 
Framinyham, 
Chelmsford, 
Maiden, 
Weston, 
Waltham,  . 
Medford,    . 
littleton,    . 
Westford,   . 
Lincoln,     . 


OF  Middlesex. 
William  Brattle,  Esq., 
Mr.  William  Fletcher. 
Mr.  James  Russell. 
Mr.  John  Hunt. 

Mr.  Simon  Hunt. 

Mr.  Edward  Walker. 
Ebenezer  Nichols,  Esq. 
Henry  Gibbs,  Esq. 
Capt.  John  Noyes. 
Mr.  Samuel  Witt. 
William  Lawrence,  Esq. 
Capt.  Enock  Kidder. 
Joseph  Haven,  Esq. 
Mr.  Ephraim  Spaulding. 
Mr.  Benjamin  Hills. 
Mr.  Elisha  Jones. 
Samuel  Livermore,  Esq. 
Mr.  Stephen  Hall,  Jr. 
Nathaniel  Russell,  Esq. 
Thomas  Reed,  Esq. 
Chambers  Russell,  Esq. 


County  of  Hampshire. 
Springfield,    .     .  Josiah  Dwight.  Esq. 

Joseph  Hawlc}',  Esq. 


Northampton  & 
Soiithampton, 
Eadley  & 
South  Hadley, 
Hatfield,     .     . 


Capt.  Moses  Marsh. 
Oliver  Patridge,  Esq. 


^  The  House  Journal,  p.  4,  reads,  "  Salem  (j  Danvers,  Henry  Gibbs,  Esq.,  Dan.  Epes,  Jun.,  Esq." 


[Representatives.]     Province  Laws  (i?eso?yes,  e^c).  —  1754-55.      167 


County  of  Hampshike  —  Concluded. 
Dearjield  and 


Greenfield, 
Westfield,  . 
Montague  & 
Neio  Salem, 
Brimfield,  . 
Sheffield,    . 

County 

Worcester, 
Leicester  S  ) 

Spencer,  y 

Brookfield,  .  . 
Rutland,  tfc  Rut-  } 
land  District,  ) 
Shrew  sbicr  y , 
Oxford, 
Mendon,  . 
Sutton, 
Bolton,  .  . 
Sturbridge, 
Eardwich,^ 
Lunenhurgh, 
Lancaster, 


Elijah  Williams,  Esq. 

Mr.  Israel  Ashley. 

Mr.  Joseph  Houlton. 

John  Sherman,  Esq. 
David  Ingersol,  Esq. 

OF  Worcester. 

John  Chandler,  Jr.,  Esq. 

Thomas  Steel,  Esq. 

William  Ayres,  Esq. 

John  Murray,  Esq. 

Mr.  Phineas  Haywood. 
Duncan  Campbel,  Esq. 
Capt.  Nathan  Tyler. 
Mr.  Daniel  Greenwood. 
John  Whetcomb,  Esq. 
Moses  Mercy,  Esq. 
Timothy  Ruggles,  Esq. 
Mr.  John  Haywood. 
William  Richardson,  Esq. 


County  of  Plymouth. 

Plymouth,  .     .     .  Thomas  Foster,  Esq. 


Scituate,  . 
Duxbury,  . 
Marshfield, 
Bridgwater, 
Pembrook,  . 
Plympton,  . 
Middlebord, 


Thomas  Clap,  Esq. 
Gamaliel  Bradford,  Esq. 
John  Winslow,  Esq. 
Capt.  Josiah  Edson. 
Mr.  Israel  Turner. 
Mr.  Isaac  Benney."-' 
Capt.  Xathaniel  Smith. 

^  The  House  Journal,  p.  4, 
*  The  House  Journal,  p.  4, 


County  of  Plymouth  —  Concluded. 

Hanover,       .  .  David  Stockbridge,  Esq. 

Abingt07i,      .  .  Mr.  Jacob  Porter. 

Eiyigstone,     .  .  Mr.  William  Sever. 

Rochester,     .  .  jMr.  Elisha  Barrow. 

County  of  Barnstable. 

Barnstable,  .     .  James  Otis,  Esq. 
Sandwich,    .     .  Roland  Cotton,  Esq. 

County  of  Bristol. 

Tau7iton,  .  .  Mr.  Israel  Tisdale. 

Rehoboth,  .  .  Mr.  Aaron  Kingsley. 

Dartmouth,  <,  .  Capt.  Nathaniel  Sole. 

Dighton,  .  .  Ezra  Richmond,  Esq. 

Attleboro,  .  .  Mr.  Benjamin  Day. 

Swanzey,  .  .  Mr.  John  Anthony. 

Freetown,  .  .  Mr.  John  Winslow. 

Easton,     .  .  .  Capt.  John  Phillips. 

Norton,    .  .  .  Ephraim  Leonard,  Esq. 


York,  .  . 
Eittery,  . 
Berwick,  . 
Welles, 
Falmouth, 
Scarborough, 


County  of  York. 

Mr.  John  Bradbury. 

Nathaniel  Sjiarhawk,  Esq. 

Capt.  Ichabod  Goodwin. 

John  Storer,  Esq. 

Jedediah  Prebble,  Esq. 

Edward  Milliken,  Esq. 
North  Yarmouth,  Jeremiah  Powell,  Esq. 
Biddeford,     .     .  Mr.  Samuel  Hill. 
Brunswick,  .     .  John  Minot,  Esq. 

In  the  County  of  Nantucket. 

Sherburn,     .     »  Abishai  Folger,  Esq. 

reads,  "  flbrrfwicA:." 
reads,  "Mr.  Isaac  Bonny." 


I 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-ninth  Day  of  May,  A.D.  1754. 


CHAPTER    1. 

ORDER  ALLOWING   £20  TO  THE  TOWN  OF  NORTON. 

A  Petition  of  the  Select  men  of  the  Town  of  Xorton,  setting  Legislative 
forth  said  Towns  Reasons  for  not  sending  a  Representative  to  the  councif,  xx!f ^ 
General  Court  the  last  Year,  and  praying  for  a  Remittance  of  the  2-42.  Mass.  ' 
Fine  laid  on  said  Town  on  that  Account;  ixxxvii.,'323. 


Read  &  Mass. 

Ordered  that  the  Sum  of  Twenty  pounds  the  Sum  the  Town  of  itx^iTf.%22. 
Norton  was  fined  the  last  Year  be  paid  Out  of  the  publick  Treasury  House  Jbur-' 
to  the  selectmen  of  S*^  Town.     \^Passed  May  31.  '  ^^' 


CHAPTER    2. 

ORDER  GRANTING  TO  ISAAC  DOGGET  LICENCE   TO  KEEP  AN  INN. 

A  Petition  of  Isaac  Dogget  of  Medford,  Praying,  for  Reasons  Legislative 
particularly  mentioned  in  the  Petition,  that  the  Court  of  General  councif,  xx*!!^^ 
Sessions  of  the  Peace  for  the  County  of  Middlesex,  may  be  impow-  242.  Mass. 

•^  ArCDlVGS    CXI. 

ered  by  this  Court  to  grant  him  a  Licence  to  keep  a  Tavern  in  the  309. 
said  Town,  in  their  present  Term.  Mass. 

■Rpflr]   X-  Archives,  cxl., 

neda  Ou  3^,^    House 

Ordered  that  the  prayer  of  the  petition  be  So  far  Granted  that  Journal,  p.  9. 
the  Justices  of  the  Court  of  General  Sessions  of  the  peace  Now 
sitting  in  the  County  of  Middlesex  be  Impowered  (if  they  See  fit) 
to  Grant  a  Licence  to  the  Pet"^  to  keep  a  House  of  publick  Enter- 
tainment in  Medford  he  first  Obtaining  the  Approbation  of  the 
Selectmen  of  S^  Town  the  Time  for  Granting  of  Licences  being 
Elapsed  Notwithstanding.      [Passed  May  31. 


CHAPTER    3. 

ORDER  CALLING  A  MEETING  OF  THE  FIRST  PARISH  IN  WELLS. 

A  Petition  of  the  first  Parish  in  the  Town  of  Wells,  setting  Legislative 
forth  that  by  Mistake  they  neglected  to  chuse  their  Parish  Oificers  Kudf,  xx*!"^ 
in  the  Month  of  March  according  to  the  New  Style,  as  by  Law  ^^^ijf^||^- 

[169]  ^^I^ll^^i^ 


170 


Province  Laws  {Resolves, etc.).  — 1754-55.     [Chaps.  4, 5.] 


Mass. 
Archives, 
cxvi.,  637. 
House  Jour- 
nal, pp.  11, 13. 
Province 
Laws,  iii.,  47, 
cliap.  28;  326, 
chap.  22. 


obliged,  Praying  that  by  the  Authority  of  this  Court  they  may  be 
uow  enabled  to  chuse  said  Officers, 

[Eead  &] 

Ordered  that  the  Prayer  of  the  Petition  be  granted  and,  that 
the  Parish  Committee  for  S*^  Parish  the  Last  Year  be  &  hereby  are 
Directed  and  Impowred  to  Issue  their  warrant  to  Some  Inhabitant 
of  Said  Parish  Eequiring  him  to  warn  and  give  Notice  to  the  In- 
habitants of  Said  Parish  Qualified  by  law  to  vote  in  Parish  affairs 
to  Assemble  themselves  together  at  Such  time  and  place  in  Said 
Parish  as  by  Said  warrant  Shall  be  appointed  to  make  Choice  of 
Such  officers  for  Said  Parish  as  Shall  be  Necessary  and  according 
to  law  ought  to  be  Chosen  yearly  for  the  Transacting  the  Affairs  of 
Said  Parish  and  the  Said  Inhabitants  So  met  are  hereby  Impowred 
to  make  Choice  of  Such  Officers,  and  Such  officers  So  Chosen  having 
('  first  Taken  the  oaths  injoyned  by  law)  Shall  have  the  like  Power 
in  their  Eespective  offices  as  by  law  they  would  have  had  on  their 
being  Chosen  according  to  the  Directions  of  the  Law  in  the  month 
of  march  and  Qualified  as  aforesaid.     \Pa88ed  June  1. 


CHAPTEK    4. 


ORDER  GRANTING  TO  JAMES  BOYD  LICENCE  TO  KEEP  AN  INN. 


Legislative 
Records  of  the 
Council,  XX., 
244.    Mass. 
Archives,  cxi., 
307. 

House  .Jour- 
nal, p.  11. 


A  Petition  of  Joseph  *  Boyd  of  Woburn,  praying  (for  Eeasons 
particularly  mentioned  in  the  Petition)  that  this  Court  would  im- 
power  the  Court  of  General  Sessions  of  the  Peace  for  the  County 
of  Middlesex,  to  grant  the  Petitioner  in  their  present  Term  a  Licence 
to  keep  an  Inn  in  said  Town. 

Eead  & 

Ordered  that  the  prayer  of  the  petition  be  So  far  granted  that 
the  Justices  of  the  Court  of  General  Sessions  of  the  peace  for  the 
County  of  Middlesex  Now  Sitting  be  ImpoAvered  (if  they  think  fit) 
to  grant  a  Licence  to  the  Pef  to  keep  a  House  of  publick  Enter- 
tainment in  the  Town  of  Woburn  he  first  Obtaining  the  Apjaroba- 
tion  of  the  Select  men  of  S*^  Town  the  time  for  granting  of  Licences 
being  Elapsed  Notwithstanding.     \^Passed  June  1. 


CHAPTER    5. 

ORDER  IMPOWERING  BAM^  &  DORCAS  LYNDE  TO  SELL  AN  ESTATE  AND 
MAKING  PROVISION  IN  REGARD   TO  TIJE  PROCEEDS. 


Legislative 
Records  of  the 
Council,  XX., 
244.    Mass. 
Archives,  xix., 
132. 

Mass. 

Archives,  xix., 
131.    House 
Journal,  p.  13. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Samuel  Lynde,^  &  Dorcas  his  Wife,  formerly  Wife 
of  James  Smith  late  of  Leicester  in  the  County  of  Worcester,  (now 
dec*^)  shewing  that  the  said  James  Smith  left  a  small  Farm,  two  thirds 
of  which  was  divided  among  his  Children,  that  the  Petitioner  Samuel 
has  purchased  above  half  of  the  Childrens  Part,  of  them  that  are 
of  Age,  and  therefore  Praying  that  they  may  be  allowed  to  sell  the 
Minors  part,  which  will  be  much  for  their  Advantage. 

Eead  and 

^  Sic,  as  to  parenthesis. 

-  The  House  Journal,  p.  11,  reads,  "James." 

^  The  House  Journal,  p.  13,  reads,  "  Smith," 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  171 

Ordered  That  the  Prayer  of  the  Pet°  be  granted,  and  that  the 
Petitioners,  in  their  respective  Capacities  within  mentioned,  be 
and  they  hereby  are  allow'd  and  impowered  to  make  Sale  of  the 
Estate  within  mentioned;  and  to  execute,  in  due  form  of  Law,  a 
Deed  for  conveyance  thereof  to  Such  Person  as  shall  give  most  for 
the  Same;  And  That  the  Pef  Dorcas  have  the  improvement  of  one 
third  of  what  of  the  Produce  of  the  Premises  Shall  remain,  after  Just 
expences  of  all  Sorts,  allow'd  by  the  Judge  for  Probate  [of] '  Wills 
&^  for  the  County  o£  Worcester  are  deducted,  for  her  Life;  The 
Eesidue  or  two  Thirds  to  the  Children  of  the  within  named  deced 
of  age,  or  their  assigns,  and  to  the  Guardian  or  Guardians  of  Such 
as  are  Minors,  to  be  let  out  on  Interest ;  Such  Guardian  or  Guar- 
dians to  pay  what  shall  remain  in  his  or  their  hands,  (upon  an  ad- 
justment of  his  or  their  Acco*  pursuant  to  Law)  unto  the  Said 
Minors,  as  they  arrive  of  age,  or  shall  be  married,  which  Shall  first 
happen  Provided  before  Such  Sale  be  made  the  Pet"  observe  the 
Directions  of  the  Province  Law  passed  in  the  Sixth  Year  of  his 
late  Majesty  King  George  the  first  relating  to  Exors  or  Admors 
Sale  of  Real  Estates,  and  That  the  Said  Dorcas  give  Sufficient 
Security  to  the  said  Judge  that  the  Principal  Sum  allow'd  her 
Shall,  at  her  death,  revert  to  the  right  Heirs  of  the  Said  dece'd; 
Also  that  the  Guardian  or  Guardians  of  the  Said  Children  give  the 
like  Security  to  the  aforesd  Judge  for  the  faithful  discharge  of  his 
or  their  Trust:  And  that  Thomas  Steel  Esq"'  See  Justice  done  the 
Minors  in  the  Sale  aforesaid.     \^Passed  June  1. 


CHAPTER    6. 

ORDER  IMPOWERING  JOSEPH  JOHNSON,  ADMINISTRATOR  &  GUARDIAN, 
TO  SELL  AN  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 

A  Petition  of  Joseph  Johnson  Administrator  of  the  Estate  of  i^^^^^?"^?.,^ 
Jeffs  Johnson  late  of  Boston  dec**  and  Guardian  to  His  only  Son  council,  xx., 
Thornton  Johnson  a  Minor,  praying  that  he  may  be  enabled  to  sell  Arciiives^\ix. 
the  said  Minors  Part  of  the  real  Estate  of  his  Grandfather  John  as. 
Johnson  dec*^  (which  ought  to  have  been  set  off  to  the  said  Jeffs  Mass. 
Johnson  who  survived  his  said  Father)  for  Payment  of  the  Debts  ^l^V^House" 
on  the  Estate  of  the  said  Jeffs  Johnson,  beyond  what  his  personal  f2.pi?f  n^if^^ 
Estate  will  discharge,  pp.  lo  ks,  n.' 

Read  & 

Ordered  that  this  petition  be  revived  &  that  the  prayer  thereof 
be  granted  &  that  the  pef  in  S'^  Capacity  be  Allowed  &  Impower'd 
to  make  Sale  of  the  fourth  part  of  a  Small  House  in  Boston  &  the 
Small  peice  of  Land  in  Charlestown  Mentioned  in  the  Petition  for 
the  Most  they  will  ^etch  And  to  Execute  a  Good  Deed  or  Deeds  of 
the  Same  to  Enable  the  pef  to  pay  &  Discharge  the  Debts  of  the 
S*^  Jeffs  Johnson,  (father  of  the  S'^  Minor)  to  whom  the  premisses 
ought  to  have  been  Sett  of  in  the  Division  of  S'^  Estate  The  S*^  Pet^ 
first  giving  Security  to  the  Judge  of  Probate  for  the  County  of  Suf- 
folk to  Apply  the  Same  Accordingly  and  the  Overplus  (if  any  be) 
towards  the  bringing  up  &  Educating  the  S'^  Minor.    {Passed  June  1. 

^  Inserted  from  Legislative  Records  of  the  Council,  xx.,  245. 


172 


Province  Laws  {Resolves,  etc. ) .  — 1754-55.     [Chaps.  7-9.] 


CHAPTEE    7. 


Legislative 
Records  of  the 
Council,  XX., 
245.    Mass. 
Archives, 
xxxii.,  516. 

Mass. 
Archives, 
xxxii.,  515. 
House  Jour- 
nal,pp.  10, 11. 
Province 
Laws,  xiii.,  326, 
chap.  227. 


ORDER    ALLOWING    THE    ACCO'^  OF    THE    TRUSTEES    OF    HASSANIMISCO 

INDIANS. 

An  Accompt  presented  by  John  Chandler,  John  Jones,  &  Edward 
Baker  Esq"  Trustees  for  the  Hassanimisco  Indians,  of  their  Eeceipts 
&  Disbursments  for  the  said  Indians  the  last  Year,  Ballance  in  the 
Trustees  hands  being  £4.2.1% 

Eead  &  it  Appearing  the  within  Ace''  is  right  Cast  &  well  Vouched 

Ordered  that  the  Same  be  Allowed  And  that  the  S'^  Guardians  be 

further  Accountable  for  the  Sum  of  four  pounds  2/1%  the  Sum  due 

to  S''  Indians  for  Interest  besides  the  Principal  Sum.    [Passed  Jiine  1. 


CHAPTEE    8. 

ORDER    ALLOWING   THE    ACCOt    OF    THE    TREASURER    OF    WORCESTER 

COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
247.    Mass. 
Archives, 
ccxlviii.,  86. 

Mass. 
Archives, 
ccxlviii.,  86. 
House  Jour- 
nal, pp.9, 14. 


An  Accompt  presented  by  M'  Daniel  Haywood  Treasurer  of  the 
County  of  Worcester  for  the  last  Year,  having  been  by  him  laid 
before  the  Court  of  General  Sessions  of  the  Peace  for  said  County, 
and  by  them  allowed; 

Eead  & 

Ordered  that  the  within  Accompt  be  Allowed  and  that  the  Treas- 
urer of  the  County  of  Worcester  be  further  Accountable  for  the  fol- 
lowing Sums  viz.  21.19.4  New  Tenor  Bills  of  Credit  du^  from  the 
Town  of  AVoodstock  on  the  Taxes  granted  in  the  Years  1748  &  1749 
&  9.13.5  for  for'  the  Year  1750  C.13.5  for  the  Year  1752  70.18.2y2 
for  the  Year  1753  &  316. 10. 51/2  for  the  Year  1754  as  also  9.12.6  a 
Ballance  paid  by  Dan^  Heywood  the  former  Treasurer  who  is  hereby 
Discharged.     \Passed  June  4.'' 


CHAPTEE    9. 

ORDER   IMPOWERING   JOHN    &    JEMIMA    CRAIG,   ADMINISTRATORS,  TO 
SELL   REAL   ESTATE. 


Legislative 
Records  of  the 
Council,  XX., 
245.    Mass. 
Archives,  xix., 
140. 

Mass. 

Archives,  xix., 
139.    House 
Journal,  pp.  12, 
14.    Province 
Laws,  ii.,151, 
chap.  10. 


A  Petition  of  John  Craig  &  Jemimah  his  Wife  late  Widow  & 
Administ^  of  the  Estate  of  Jonathan  Fisk  late  of  Groton  dec*^  set- 
ting forth  the  Circumstances  of  the  Estate,  and  that  it  will  be  much 
for  the  Benefit  of  the  Children,  who  are  Minors,  that  the  whole  real 
Estate  should  be  sold,  &  Praying  for  Liberty  from  this  Court  to  sell 
the  same  accordingly. 

Eead  & 

Ordered  that  the  prayer  of  the  petition  be  granted  And  that  the 
petitioners  in  the  Capacity  of  Administrators  on  the  Estate  of  Jona- 
than risk  Late  of  Groton  Deceased  be  &  hereby  are  Impowered  to 
make  Sale  of  all  the  S"^  Deceased  real  Estate  (having  regard  to  the 

1  Sic. 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  June  1. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  173 

Law  of  this  province  respecting  the  Sale  of  Intestate  Estates)  And 
Execute  In  due  form  of  Law  A  good  &  sufficient  Deed  or  Deeds 
thereof  to  Such  person  or  persons  as  Shall  give  Most  for  the  Same 
they  giving  sufficient  Caution  to  the  Judge  of  Probate  for  the  County 
of  Middlesex  to  Accompt  for  the  produce  of  the  premises  &  dispose 
of  the  Same  pursuant  to  Law.     \^Passed  June  4.^ 


CHAPTER    10. 

VOTE  IMPOWERING  OFFICERS  IN  THE   FORMER  PRECINCT  OF  LINCOLN 
TO   SETTLE   THEIR   ACCOMPTS. 

"Whereas  the  Town  of  Lincoln  was  great  part  of  it  a  precinct  Legislative 
before  it  was  Incorporated  into  a  Town  And  that  the  Officers  of  S**  councif,  xx!f ^ 
Precinct  had  not  Setled  their  Accompts  with  S''  precinct  and  that  ArchWes^^' 
the  S'^  Precinct  Expired  when  the  S'^  Town  was  incorporated  So  that  cxti.,  663.' 
they  are  not  now  able  to  Settle  with  S*^  Officers  Therefore  House  Jour. 

Voted  that  the  late  Committee  &  other  late  Officers  of  S*^  Precinct  province 
be  directed  &  Impowred  to  Settle  the  Affairs  of  S'^  Precinct  in  the  ^ifg^'^-gg"-' '^®' 
Same  Manner  they  Might  have  done  had  not  the  S**  precinct  been 
Erected  into  a  Town.     \^Passed  June  4. 


CHAPTER    11. 

VOTE  FOR  CALLING  A  TOWN  MEETING  OF  THE  INHAB^^  qf  THE  TOWN 

OF  PETERSHAM. 

Voted  that  John  Murray  Esq""  be  and  hereby  Is  Impowered  to  Issue  Legislative 
a  "Warrant  to  Some  Principal  Inhabitant  of  the  Town  of  Petersham  Records  of  the 

T  J  1  /-I  H    TTT  T-»  ••  1-  T  !•-»«-•  COUUCll,  XX., 

in  the  County  oi  Worcester  Kequiring  him  In  his  Majestys  name  to  '-248.  Mass. 
warn  and  Notifye  the  Said  Inhabitants  Qualifyed  to  vote  In  Town  ^xvlI^gI'. 
affairs  that  they  meet  Together  at  Such  time  and  Place  In  Said  Town  House  Jour, 
as  by  Said  "Warrant  shall  be  appointed  to  Chuse  Such  Officers  as  Towns  ?.ai.  pp-  i^.  is. 
Chuse  In  the  month  of  march  Annually  and  Said  Officers  Shall  be  Laws,  iii.,  731, 
Enjoyned  to  Take  the  oaths  now  Eequired  by  Law  to  be  Taken  by  ^^^l;  ^^''  "*^' 
Town  Officers  as  also  to  Transact  Such  other  Matters  &  things  relat- 
ing to  High  Ways  &c  as  may  be  Expressed  in  S''  Warrant.     \^Passed 
June  4. 


CHAPTER    12. 

ORDER    IMPOWERING    THE    COLLECTORS    OF    BERKLEY    TO    COLLECT 

TAXES. 

A  Petition  of  the  Select  Men  of  the  Town  of  Berkley,  shewing  Legislative 
that  in  the  Month  of  March  1752,  Ebenezer  French  was  chosen  Con-  ^^^i°'c1f,xx?^ 
stable  of  the  said  Town,  and  in  March  1753,  Benaiah  Babbet  was  24s.  Mass." 
chosen  Constable,  and  they  both  had  the  Eate  Lists  &  Warrants  of  c-xvi.^elv! 
their  respective  Years  committed  to  them,  for  gathering  the  Taxes,  House  Jour, 
a  great  part  of  which  they  have  already  collected  and  paid  in,  but  prJjv'jJic"'  ^"' 
for  as  much  as  Disputes  are  arisen  amonsr  the  Inhabitants  about  their  Laws,ii.,i8i, 

^  ®  chap.  6. 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  June  1. 


174  Peovince  Laws  (Resolves,  etc.) .  —  1754-55.     [Chaps.  13,  14.] 

being  legally  sworn,  praying  that  the  said  Constables  may  be  con- 
firmed in  their  Office,  that  so  they  may  be  enabled  to  gather  in  the 
Remainder  of  their  Taxes, 

Read  & 

Ordered  i\i2it  Eben"  French  &  Benj* '  Babbit  the  Constables  within 
mentioned  be  &  hereby  are  Impowered  to  Collect  the  Several  Sums 
Committed  to  them  to  Collect  for  the  Years  1752  &  1753.  &  Com- 
pleat  the  Same  in  as  full  &  Ample  a  manner  as  if  they  had  been 
Sworn  in  due  form  According  to  Law  Provided  the  Said  Eben"' 
French  &  Benj^" '  Babbit  do  now  take  the  Oaths  by  Law  required 
by  Law  for  Constables  to  take  And  Shall  Also  be  Accountable  to 
the  Respective  Treasurers  for  the  Moneys  Committed  to  them  to 
Collect.     \_Passed  June  4. 


CHAPTER    13. 

ORDER  IMPOWERING  WILLIAM  &  SARAH  UPTON,  ADM^s^  TO  EXECUTE  A 

DEED. 

Rlfords^onhe  ^  Petition  of  William  Upton  &  Sarah  his  Wife,  Administ^  of 
Council,  XX.,  the  Estate  of  Benjamin  Herrick  late  of  Lyn  dec'^  her  former  Hus- 
Archive8?xix.,  band,  shewing  that  the  said  Benjamin  in  his  Life  time,  became  bound 
1^--  to  his  Brother  Samuel  Herrick  to  give  him  a  Deed  of  two  Acres  of 

Mass.  Cedar  Swamp,  but  died  before  the  Matter  was  effected,  Praying  that 

uif'^House  ^■'  the  Petitioners  may  be  impowered  by  this  Court  to  give  the  said 
Journal, pp.  12,  Deed,  and  thereby  discharge  the  said  Bond. 
Read  & 

Ordered  that  the  prayer  of  the  petition  be  granted  And  that  the 
petitioners  in  their  Capacity  of  Administrators  to  the  Estate  of  Benj^ 
Herrick  Late  of  Lynn  Dec"^  be  &  hereby  are  Impowered  to  make  & 
Execute  a  good  &  sufficient  Deed  of  the  Two  Acres  of  Cedar  Swamp 
mentioned  in  the  petition  to  Samuel  Herrick  his  Heirs  &  assigns  pur- 
suant to  the  Covenant  &  agreement  of  S*^  Deceased  &  take  up  S'^  Cov- 
enant of  Security  Accordingly  provided  that  they  give  Security  to 
Account  for  the  proceeds  Coming  thereby  pursuant  to  Law.  \^Passed 
June  4. 

CHAPTER    14. 

VOTE  FOR  AUGMENTING  THE   FORCES. 

Eefords^ofthe  ^^'^  ^^®  House  of  Represent* 

Council,  XX.,         The  House  having  taken  into  Mature  Deliberation  his  Excellencys 
Archi^ves?"       Mcssage  of  this  Day  to  both  Houses  respecting  An  Augmentation  of 
cyiii-,  611..         the  forces  Ordered  to  Attend  his  Excellency  to  the  Eastern  parts  of 
Legislative       this  provincc  &  to  build  a  Fort  on  Kenebeck  River  &c 
coSxx!,  Voted  that  his  Excellency  the  Cap"  General  be  desired  forthwith 

LaWsTm.Isisf  to  give  Orders  for  the  Enlistment  of  Three  Hundred  men  Including 
note.  'Ante,  '  Officers  in  Addition  to  the  five  Hundred  men  Already  Enlisted  that 
m*^'  ''^^^'      the  Officers  &  Soldiers  be  Under  the  Same  Restrictions  &  Limitations 

have  the  Same  bounty  Money  pay  &  Subsistance  &  so  Continue  in  the 

service  for  the  same  term  of  time. 

In  Council  Read  &  Concur'd.^     [Passed  June  5. 

*  The  House  Journal,  p.  17,  reads,  "  Benaijah  Babbit." 
^  Not  found  in  the  House  Journal. 


risT  Sess.]     Province  Laws  {Resolves^  etc.).  — 1754-55.  175 


CHAPTER    15. 

ORDER  IMPOWERING  ICHABOD  AMMIDOWN  AND  MARY  RAWSON,  EXEC- 
UTORS, TO  SELL  AN  ESTATE. 

A  Petition  of  Ichabod  Ammidown  &  Mary  Rawson  Executors  of  ^fords"ome 
the  last  Will  and  Testament  of  Samuel  Morse,  late  of  Mendon  dec'^  council, xx., 

•  ^^50     Mass 

setting  forth  the  decayed  &  ruinous  State  of  the  dwelling  House  of  Archives,  xix., 

the  said  Testator,  and  praying  for  Liberty  from  this  Court  to  make  iM: 

Sale  of  the  said  House.  m--.^^^  ^^^ 

Read  &  143.    House 

Ordered  that  the  prayer  of  the  Petition  be  granted  And  that  the  ig^^fs"^^'^^''^^' 
Pet"  in  the  Capacity  within  Mentioned  be  Impowered  to  make  Sale 
of  the  House  Mentioned  in  y®  petition  for  the  Most  the  Same  will 
fetch  &  make  Ample  Conveyance  thereof  in  the  Law  They  giving 
sufl&cient  Caution  to  the  Judge  of  Probate  for  the  County  of  Worces- 
ter to  Apply  the  money  Arising  by  S*^  Sale  for  the  L^se  and  benefit 
of  the  persons  Interested  in  S*^  House  According  to  the  last  Will  of 
the  S*^  Samuel  Morse  Deceased.     [^Passed  June  5. 


CHAPTEE    16. 

VOTE  IMPOWERING  HANNAH  SCAMMON  &  ICHABOD  GOODWIN,  ADM^^,  TO 

EXECUTE   A  DEED. 

A  Petition  of  Hannah  Scammon  &  Ichabod  Goodwin  Administ"  Record  "of  the 
on  the  Estate  of  James  Scammon  late  of  Biddeford  in  the  County  ^j^^j^i^^g^"' 
of  York  dec*^  shewing  that  the  said  James  in  his  Life  time  made  an  Archives, ' 

Agreement  with  one  John  Hill  to  make  an  Exchange  of  a  certain  ^^^^•'  ^^"' 

Tract  of  Land  lying  in  Biddeford  for  another  Tract  of  Land  lying  Archives, 
in  Scarboro;  and  the  said  Scammon  took  Possession  of  the  Land,  xivi.,3^.' 
coming  to  him  by  the  Exchange,  but  died  without  executing  the  nai,  pp.  19,  ci. 
Deed  for  the  Exchange,  Praying  that  the  Petitioners  may  be  im- 
powered by  this  Court  to  execute  the  said  Instrument; 

Read  & 

Voted  that  the  Petitioners  in  the  Capacity  of  Administrators  on 
the  Estate  of  James  Scammon  Late  of  Biddeford  Deceased  be  Au- 
thorized &  Impowered  to  make  &  Execute  a  Good  &  Ample  Deed 
of  Sale  Unto  Joseph  Hill  of  the  Land  &  premisses  Lying  in  Scar- 
borough Mentioned  in  the  petition.     {Passed  June  6. 


CHAPTER    17. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE   ON  ADDITIONAL  INSTRUC- 
TIONS  TO   THE   COMMISSIONERS   AT   ALBANY. 

1.  This  Court  having  had  Intelligence  of  a  Design  formed  by  the  Legislative 
French,  of  erecting  a  Fortress  on  a  rocky  Eminence  near  Fort  S*  councif,  xx^f^ 
Frederick  at  Crown  point,  w*^*"  wou'd  be  a  further  daring  incroach-  254.  Mass. 
ment  on  His  Majesty's  Territories,  and  of  very  dangerous  Conse-  471.        '     ' 


176 


Province  Laws  {Resolves, etc.).  — 1754-55.     [Chap.  18.] 


Legislative 
Records  of  the 
Council,  XX., 
229.    House 
Journal,  p.  21. 
Ante,  p.  lo7, 
chap.  367. 


quence ;  It  is  therefore  expected,  that  you  urge  it  upon  the  Commiss" 
as  a  matter  of  y®  greatest  Importance  to  all  His  Majesty's  Colonies 
on  the  Continent,  that  the  most  effectual  measures  be  speedily  taken 
to  prevent  the  Execution  of  that  Design:  And  particularly  You  are 
to  use  your  utmost  Endeavours  that  a  Strong  Fortress  be  built  & 
maintained  at  y^  common  Expense  of  the  confederate  Governm** 
either  on  the  Eminence  above  described,  or  in  some  other  advanta- 
geous place  near  to  Fort  S'  Frederick. 

2.  As  the  Trade  of  late  carried  on  w**^  the  French  at  Louisbourg 
&  Canada  have  prov'd  of  pernicious  Consequence  to  His  Majesty's 
northern  Colonies,  The  French  (and  thro  them  the  Indian  Enemy 
likewise)  being  thereby  supplied  w^^  Provisions  of  all  kinds;  You 
are  therefore  in  Conjunction  w'^  y^  oth''  Comniiss"  to  consider  of 
some  proper  measures  to  be  taken  by  the  several  Governm^%  effect- 
ually to  prevent  such  Trade  for  the  future. 

3.  You  are  to  use  your  best  Endeavours  with  the  other  Commiss", 
that  the  Indian  Trade  be  regulated  in  such  a  manner,  as  may  best 
secure  the  Advantages  of  it  to  His  Majesty's  Subjects 

4.  As  the  important  Ends  of  y®  proposed  Confederacy  cannot  be 
attained  without  a  steady  union  of  Counsels;  You  are  to  Endeavour 
that  hereafter  the  several  confederate  Governm*^*  by  their  Commiss" 
have  stated  Interviews  (either  Annually  or  otherwise  as  the  present 
Commiss"  shall  judge  to  be  necessary)  and  that  y®  place  or  places  as 
well  as  the  Times  for  such  Interviews  be  agreed  on  &  ascertain'd. 

Beist^  Lynde  ^  ord'' 
Eead  & 

Ordered  that  the  foregoing  Instructions  be  given  to  Said  Com- 
missioners in  addition  to  those  already  given  them.    \^Passed  June  6.^ 


CHAPTER    18. 


Legislative 
Records  of  the 
Council,  XX., 
252.     Mass. 
Archives, 
xliii.,866. 

House  Jour- 
nal, p.  23. 
Province 
Laws,  iil.,  64, 
chap.  32. 


ORDER  ADJOURNING   THE    INFERIOR    COURT    OF    COMMON    PLEAS  OF 
SUFFOLK    COUNTY. 

Whereas  by  Law  the  Inferior  Court  of  Common  Pleas  for  the 
County  of  Suffolk  ought  to  be  held  on  the  first  Tuesday  of  July 
next  at  which  time  it  is  probable  that  several  of  the  Justices  of 
said  Court  will  be  absent  in  the  Service  of  the  Province.  It 

is  therefore 

Ordered  That  the  said  Inferior  Court  of  Common  Pleas  be  and 
hereby  is  adjourned  to  the  fourth  Tuesday  of  July  next  and  the 
said  Court  shall  be  then  held  accordingly  And  all  Writts  Pleas  War- 
rants Eecognizances  Processes  matters  &  Things  whatsoever  are  to 
be  heard  adjudged  &  determined  at  that  time  as  fully  to  all  intents 
&  purposes  as  if  the  said  Court  was  held  on  the  first  Tuesday  of  July 
as  usual,  heretofore.     [Passed  June  7. 

>  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  June  8. 


[1st  Sess.]     Province  Laws  {Resolves^  etc.).  — 1754-55.  177 


CHAPTEE    19. 

ORDER  DIRECTING  COMMISS^s  TO   ALBANY  TO   INQUIRE    ABOUT    LANDS 
PURCHASED   OF  INDIANS. 

In  the  House  of  Represent  Legislative 

Whereas  Information  hath  been  given  to  this  House  that  Certain  council,  xx., 
persons  belonging  to  the  Towns  of  Stockbridge  Sheffield  Springfield  ArcMv^esT" 
and  Westfield  have  in  a  Clandestine  &  Illegal  manner  purchased  of  ^xxii.,  os'a. 
one  or  more  of  the  Stockbridge  Indians  About  Nine  thousand  Acres  ^°^^^  '^i^u 
of  the  Unappropriated  Lands  of  the  province  paid  a  Considerable  ^n^e^p'.i^,  " 
Sum  of  Money  therefor  Plan  d  Allotted  &  drawn  the  same  '^''^P'  ^*^"      . 

Therefor 

Ordered  That  the  Commissioners  Appointed  to  appear  at  the 
Interview  at  Albany  be  directed  to  make  Strict  Inquiry  into  Said 
facts  with  full  power  to  Send  for  persons  &  papers  as  they  Shall 
Judge  Necessary  And  make  report  to  this  Court 

In  Council  Read  &  Concured.     \^Passed  June  7.' 


CHAPTER    20. 

ORDER  ANNEXING  THE   2*'»    PRECINCT    OF    PEMBROKE,  MADE    UP    OUT 
OF  SEVERAL  TOWNS,  TO  THE   TOWN  OF  PEMBROKE. 

A  Petition  of  Elijah  Cushing  Esq''  Agent  for  the  second  Pre-  Legislative 
cinct  in  Pembroke,  shewing  that  the  said  Precinct  is  made  up  out  councu^  xx^*^^ 
of  four  several  Towns,  besides  Pembroke,  which  is  a  great  Incon-  254.  Mass. '' 
venience ;  and  for  as  much  as  the  Inhabitants  in  General  are  more  tl^\^!'^m. 
advantagiously  situated  for  an  Union  with  Pembroke  than  any  other  Mass.  ^ 

Towns,  Praying  that  the  whole  Precinct  may  be  united  to  the  Town  ^xv^^^le 
of  Pembroke  accordingly.  House  Jo'ur- 

X>r.^A    i.  iial,pp.21,22, 

Jtteaa  a-  23.    Province 

Ordered  that  the  prayer  of  the  petition  be  granted  and  that  the  ^baT'g^'""'^^^" 
pet"  with  their  Estates  Comprehended  within  the  bounds  of  s'*  Pre- 
cinct be  to  all  Intents  &  purposes  Annexed  to  &  made  part  of  the 
Town  of  Pembrook  that  to  this  time  they  pay  their  Respective  pro- 
portions to  all  Taxes  Already  made  &  Granted  &  that  the  Several 
Towns  to  which  S'^  Pet"  belonged  be  Abated  in  the  province  Tax 
in  proportion  to  whet  the  pet"  with  their  Estates  paid  in  the  last 
province  Tax  &  that  the  Same  be  laid  on  the  Town  of  Pembrook. 
[Passed  June  7.^ 

CHAPTER    21. 

VOTE  DIRECTING  THE  COMMISS^s  TO  INQUIRE  ABOUT    INDIAN    CLAIMS 

WESTWARD. 
Voted  Legislative 

That  the  Gentlemen  appointed  by  this  Court  Commissioners,  To  council,  xx., 
Treat  with  the  Commissioners  of  the  Government  of  New  York  Archives?' 
respecting  the  boundary  lines  of  these  Governments,  be  directed  xxxu.,  536. 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  June  8. 

^  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  the  date  is  June  8. 


178 


Province  Laws  {Resolves,  etc.).  — 1754-55.     [Chaps.  22-24.] 


House  Jour- 
nal, p.  25. 
Ante,  p.  157, 
chap.  367. 


to  enquire  into  any  Indian  Claim,  or  Claims,  to  any  land  that  lye 
west  of  Connecticut  River  within  this  Province,  &  Endeavour  to 
Quiet  them  as  to  said  Claims,  &  to  report  to  this  Court,  at  their 
next  session,  what  they  think  proper  to  be  done  respecting  the  Prem- 
isses.    \^Passed  June  8. 


Legislative 
Records  of  the 
Council,  XX., 
255.    Mass. 
Archives, 
ccxlviii.,  84. 

House  Jour- 
nal, pp.  9,  26. 


Legislative 
Records  of  the 
Council,  XX., 
256. 

House  Jour- 
nal, p.  27. 


CHAPTER    22. 

ORDER  ALLOWING  THE  ACCC^  OF  THE  TREASURER  OF  BARNSTABLE 

COUNTY. 

An  Acompt  presented  by  M''  Jonathan  Bacon,  Treasurer  of  the 
County  of  Barnstable  for  the  Year  1753,  Having  been  by  him  laid 
before  the  Court  of  General  Sessions  of  the  Peace  for  the  said 
County  &  by  them  allow'd. 

Read  Accepted  and 

Ordered  that  this  Account  be  allowed  &  that  the  Ballance  thereof 
being  Five  pounds  sixteen  Shillings  &  ten  pence  three  farthings  the 
said  Treasurer  be  further  Accountable  to  said  County  for.  [Passed 
June  10. 


CHAPTEE    23. 

ORDER  APPOINTING  A  COM^^^^  FOR  BURNING  BILLS  OF  CREDIT   &  GOV- 
ERNMENT SECURITIES. 

In  the  House  of  Representatives ; 
Ordered  that  M'  Speaker,  Capt  Joseph  Williams,  Col°  Brattle, 
M'  James  Russell,  &  M''  Gibbs  of  Salem,  together  with  such  as  the 
Hon'''''  Board  shall  join,  be  a  Committee  to  take  an  Accompt  of  the 
Bills  of  Credit  of  the  several  Denominations,  and  the  Government 
Securities  now  in  the  Hands  of  the  Treasurer,  and  consume  them  to 
Ashes,  and  report  thereon  to  the  next  Session  of  this  Court:  In 

Council;  Read  &  Concur'd;  and  John  Osborne,  Samuel  AYatts,  John 
Wheelwright,  and  Andrew  Oliver  Esq"  are  joined  in  the  Affair. 
[Passed  June  10. 


CHAPTER    24. 


Legislative 
Records  of  the 
Council,  XX., 
256. 

House  Jour- 
nal, pp.  9,  25. 


ORDER  ALLOWING  THE  ACCO^  OF  THE  TREASURER  OF  ESSEX  COUNTY. 

An  Accompt  presented  by  Daniel  Appleton  Esq'  Treasurer  of  the 
County  of  Essex  for  the  Year  1753,  Having  been  by  him  presented 
to  the  Court  of  General  Sessions  of  the  Peace  for  the  said  County, 
and  by  them  allowed. 

Read  &  Accepted;  and 

Ordered  that  this  Accompt  be  allowed,  and  that  the  Ballance 
thereof  being  Two  hundred  &  eighteen  Pounds,  one  shilling  &  five 
pence  three  farthings  the  said  Treasurer  be  further  accountable  to 
said  County  for.     [Passed  June  10. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  179 


CHAPTEE    25. 

RESOLVE  DECLARING  THE  DIVISION  OF  LANDS  IN  TOWNSHIP  OF  PON- 
TOOSUCK  NULL  AND  VOID. 

On  the  Petition  of  Jacob  Wendell  Esq'  {ante,  p.  156,  chap.  363]  ^^f^^rdsonhe 
Eead  with  the  Answers  &  other  Papers  in  the  Case;  i&  it  not  council, xx., 
appearing  by  the  Papers  upon  File  in  the  Superior  Court  that  Archives?' 
Charles  Goodrich  who  petitioned  for  the  division  of  the  within  cxvi.,  494. 
mentioned  Lands  had  any  authority  from  the  other  proprietors  so  House  Jour, 
to  do ;  but  on  the  contrary  by  his  own  declaration  upon  Oath  in  ^nte^'-p.'ib^, 
the  Case,  that  He  was  the  only  person  who  petitioned  therefor:  ^^^^p-^^s. 
and  it  likewise  appearing  that  four  only  of  the  five  persons  ap- 
pointed by  the  Superiour  Court  for  that  purpose  ever  attended  the 
Service 

Resolved  that  the  division  made  of  said  Lands  is  of  course  null 
&  void  &  the  same  is  declared  to  be  null  &  void  accordingly.  [Passed 
June  11. 


CHAPTER    26. 

ORDER  ALLOWING  BENJ'^  DAVIS  A  BOUNTY  ON  INDIGO. 

A  Petition  of  Benjamin  Davis  of  Oxford,  shewing  that  he  has  Legislative 
at  a  considerable  Expence  gotten  a  perfect  Understanding  of  the  councif  xx*^^ 
Method  of  making  Indigo,  and  has  made  a  small  Quantity  of  the  107,257.'  Mass. 
best  kind  of  Indigo ;  and  for  as  much  as  his  engaging  in  this  Man-  403.        '     '' 
ufacture  will  be  attended  with  great  Charge  to  himself,  therefore  House  Jour- 
praying  that  he  may  have  the  sole  Benefit  of  making  it  within  this  ^December 
Province  for  a  Term  of  Years.  1753) ;  pp.  12, 29. 

The  Committee  on  the  Petition  of  Benjamin  Davis,  Praying  for 
an  exclusive  Priviledge  of  making  Indigo,  for  a  Certain  Term  of 
Years,  humbly  report  it  as  their  Opinion,  That  such  a  Priviledge 
(excluding  all  others)  instead  of  serving  the  Province  might  really 
prejudice  it;  But  in  as  much  as  the  Petitioner  has  been  first  in  the 
Projection,  and  has  expended  Time  &  Money  in  obtaining  that  Skill; 
and  also  that  the  Manufacture,  (if  brought  to  Perfection),  would  be 
of  great  Benefit,  It  is  therefore  proposed  that  the  Petitioner  be  allowed 
a  Bounty  of  Twelve  pence  on  every  Pound  he  shall  manufacture  for 
the  Space  of  Five  Years,  next  coming,  to  be  paid  from  time  to  time 
out  of  the  Province  Treasury,  on  Oath  by  him  made  before  two  Jus- 
tices of  the  Peace  Quorum  Unus,  that  the  said  Indigo  was  of  the 
Growth  of  this  Province  and  Manufactured  by  him;  and  that  he 
had  not  received  any  Bounty  for  the  Same,  or  any  part  thereof ;  a 
Certificate  whereof  to  be  produced  under  the  Hands  of  the  Justices, 
administring  the  same,  and  also  that  such  Indigo  upon  any  Assay  of 
the  goodness  thereof,  made  by  one  or  more  skilful  Persons,  has  been 
by  him  or  them  approved  as  good  &  well  manufactured ;  Which 

is  Submitted  per  Benj'^  Lynde  per  Order, 

Read  Accepted  and 

Ordered,  That  the  Petitioner  Benj^  Davis  be  allowed  a  Bounty  of 
twelve  pence  on  every  pound  of  Indigo  he  shall  manufacture  for  the 
space  of  five  years  next  coming  to  be  paid  from  time  to  time  out  of 
the  province  Treasury  on  Oath  by  him  made  before  two  Justices  of 


180 


Province  Laws  {Resolves,  etc.).  — 1754-55.     [Chaps.  27,  28.] 


the  Peace  Quorum  Unus,  That  the  said  Indigo  was  of  the  Growth 
of  this  Province  and  manufactured  by  him,  And  that  he  had  not 
received  any  Bounty  for  the  same  or  any  part  thereof,  a  Certificate 
whereof  to  be  produced  under  the  Hands  of  the  Justices  Admin- 
istring  the  same,  And  Also  that  such  Indigo  (upon  an  Assay  of  the 
goodness  there  of  made  by  one  or  more  skilfull  persons  to  be  ap- 
pointed by  Such  Justices)  has  been  by  him  or  them  approved  as  good 
and  well  manufactured.     [^Passed  June  11. 


CHAPTEK    27. 


ORDER  ALLOWING  £6  AND  A  FURTHER  SUM  OF  £3  ANNUALLY  TO  ROB' 

MILLER. 


Legislative 
Records  of  the 
Council,  XX., 
257.    Mass. 
Archives, 
Ixxiv.,  195. 

Mass. 
Archives, 
Ixxiv.,  195. 
House  Jour- 
nal, pp.  28, 29, 


A  Petition  of  Eobert  Miller  of  Phillips  Town  in  the  County  of 
York,  shewing  that  in  the  Seige  of  Louisbourgh  he  lost  his  Arm, 
by  a  Cannon  Shot,  and  is  thereby  become  a  Cripple,  and  able  to  do 
but  little  for  the  Support  of  himself  &  Family ;  Praying  for  Relief 
from  this  Court. 

Eead  and 

Ordered  That  the  Petitioner  be  allowed  out  of  the  Province  Treas- 
ury Six  Pounds  to  be  paid  to  Coll°  John  Storer  for  his  use ;  And  That 
he  be  also  allowed  three  pounds  yearly,  during  the  pleasure  of  this 
Court.     \Passed  June  11. 


CHAPTEE    28. 


ORDER  IMPOWERING  WILLIAM  SHEAF,  GUARDIAN,  TO  SELL  LANDS  AND 
MAKING  PROVISIONS  IN  REGARD   TO   THE   PROCEEDS. 


Legislative 
Records  of  the 
Council,  XX., 

258.    Mass. 
Archives,  xix., 
150. 

Mass. 

Archives,  xix., 
148,149.  House 
Journal,  p.  31. 


A  Petition  of  William  Sheaf,  Guardian  to  Margaret  Child,  a 
Minor,  Daughter  to  Thomas  Child  late  of  Boston  dec*^  shewing 
that  the  said  Minor,  and  other  the  Heirs  of  the  said  Thomas  Child, 
are  Owners  of  a  considerable  Quantity  of  Lands  in  the  Towns  of 
Sutton  &  Rutland,  which  as  they  now  ly,  are  of  no  Profit  to  said 
Minor,  Therefore  Praying  that  he  may  be  impowered  by  this  Court 
to  join  with  the  rest  of  the  Heirs  in  the  Sale  of  the  said  Land. 

Read  and 

Ordered  that  this  Petition  be  revived  and  that  the  Prayer  thereof 
be  granted  and  that  the  Petitioner  in  his  said  Capacity  be  and  he 
is  hereby  authorized  (in  conjunction  with  the  other  Persons  Inter- 
ested) to  make  Sale  of  the  Lands  in  the  said  Petition  mentioned, 
and  to  give  and  execute  a  good  and  sufficient  Deed  or  Deeds  of 
Conveyance  of  the  same  he  first  giving  due  caution  to  the  Judge 
of  Probate  for  the  County  of  Worcester  that  he  shall  account  for 
the  proceeds  of  such  Sale  either  with  the  Judge  of  Probate  for  the 
Time  being  for  said  County  or  to  the  Parties  Interested  (for  their 
respective  Proportions  of  the  same)  when  thereunto  lawfully  re- 
quired: The  Widdow  of  the  said  Deceased  (in  Case  she  shall  join 
in  the  Sale  of  the  Premisses)  to  have  the  use  or  Interest  of  one 
third  part  of  the  proceeds  of  such  Sale  during  the  Term  of  her 
natural  Life.     \_Passed  June  11. 


[1st  Sess.]     Province  Laws  {Resolves^  etc.).  — 1754-55.  181 


CHAPTEK    29. 

ORDER  ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  MIDDLESEX 

COUNTY. 

An  Accompt  presented  by  Daniel  Eussell  Esq'  Treasurer  of  the  Legislative 
County  of  Middlesex  for  the  Year  1753,  Having  been  by  him  laid  coundf,  xx^^ 
before  the  Court  of  General  Sessions  of  the  Peace  for  said  County  258.  Mass!  *' 
and  by  them  allowed,  cc^xIv^iIl^ss. 

Read  and  House  Jour- 

Ordered  That  this  Accompt  be  allowed  (excepting  one  Article  nai,  pp.  9, 3i. 
of  Two  Pounds  paid  Eich*^  Foster  Esq'  Sherriff  of  s^  County,  which 
he  is  to  repay  the  said  Treasurer)  and  there  will  then  remain  a  Bal- 
lance  of  one  hundred  &  Ninety  Eight  Pounds  one  Shilling  and  ten 
pence  due  to  said  County  which  Ballance  the  s*^  Treasurer  is  further 
Accountable  to  y*  s''  County  for.     {^Passed  June  11. 


CHAPTER    30. 

ORDER  DESIRING  THE  CAP^  GENERAL  TO  INCREASE    THE   GARRISON     Legislative 

AT  FORT  MASSACHUSETTS.  Records  of  the 

Council,  XX., 
260.    Mass. 

A  Memorial  of  Capt  Elisha  Chapin,  Commander  of  Fort  Mas-  ^xi^^'^Tgo 
sachusetts,  setting  out  the  exposed  Situation  of  the  said  Fort  in  rr — - — '■ — 
Case  of  a  Rupture  with  the  Indians,  and  the  smalness  of  the  Gar-  Archives, 
rison  at  present,  and  praying  for  a  Reinforcement  thereof ;  Legislative 

Read,  and  .  Records  of  the 

Ordered '  That  the  Cap*'  General  be  desired  to  make  an  Addition  es^ "52.'  House 
of  five  men  to  the  Forces  already  posted  at  Fort  Massachusetts.  Journal,  p.  32. 
[Passed  June  12. 


CHAPTER    31. 

ORDER  ALLOWING  THE  ACCO^  OF  THE  TREASURER  OF  SUFFOLK  CO. 

An  Accompt  presented  by  Joshua  Winslow,  Treasurer  of  the  Legislative 
County  of  Suffolk,  appointed  for  part  of  the  last  Year  in  the  room  eoundf  xx*^^ 
of  his  Father  Edward  Winslow  Esq'  dec<^  having  been  by  him  laid  2go.  Mas's! '' 
before  the  Court  of  General  Sessions  of  the  Peace  and  by  them  4^ivm!!'87. 

allowed,  •  House  Jour. 

Read  and  nai,  pp.  9, 35. 

Ordered  That  this  Accompt  be  allowed  &  That  the  Ballance  chap.  225. ' 
thereof  being  three  pounds  seventeen  shillings  Due  from  the  late 
Treasurer  Joshua  Winslow  Esq''  he  be  accountable  to  Richard  Bill 
Esq'  the  pres*  Treasurer,  for,  which  Sum  together  with  the  further 
Sum  of  one  hundred  and  thirty  four  pounds  fifteen  shillings  &  ten 
pence,  the  said  Rich*^  Bill  Esq'  be  accountable  to  the  s*^  County  for. 
\Passed  June  12. 

^  The  House  Journal,  p.  32,  reads,  "  Resolved." 


182 


Province  Laws  {Resolves,  etc.) .  — 1754-55.     [Chaps.  32-34.] 


CHAPTEE    32. 


ORDER  IMPOWERING    ISRAEL    MEAD,   GUARDIAN,   TO    SELL    LAND    AND 
MAKING  PROVISION  IN  REGARD   TO  THE  PROCEEDS. 


Legislative 
Records  of  the 
Council,  XX., 
260.    Mass. 
Archives,  xix., 
134. 

Mass. 

Archives,  xix., 
133.    House 
Journal,  pp.  32, 
34. 


A  Petition  of  Israel  Mead  Guardian  of  the  Children  of  John 
Mead,  late  of  Coventry  dec*^  praying  to  be  impowered  to  sell  Forty 
Acres  out  of  300  Acres  of  unimproved  Land  at  Housatannuck, 
belonging  to  the  said  Children,  they  being  unable  to  perform  the 
Conditions  of  holding  it  in  any  other  Way. 

Eead  & 

Ordered  That  the  prayer  of  the  petition  be  granted,  and  that  the 
petitioner  be,  &  is  hereby  impowered  to  make  sale  of  forty  Acres 
of  said  Land  to  such  person  or  persons  as  shall  appear  to  give  most 
for  the  same,  and  to  execute  a  good  &  sufficient  deed  thereof  in  the 
Law.  provided  the  said  petitioner  shall  give  sufficient  caution  to  the 
Judge  of  probates  for  the  County  of  Hampshire  for  the  Use  of  this 
Goverment  that  the  produce  of  the  sale  of  said  Land  shall  be  applyed 
to  bring  forward  the  settlement  of  said  Eight  as  is  enjoyned  by  this 
Court.     \^Passed  June  12. 


CHAPTEE    33. 


ORDER    ALLOWING    WILLIAM    BOARDMAN    FURTHER  TIME  TO  COLLECT 
TAXES  IN  CHELSEA. 


Legislative 
Records  of  the 
Council,  XX., 
260.    Mass. 
Archives, 
xliv.,  3. 

Mass. 
Archives, 
xliv.,  1. 
House  Jour- 
nal, pp.  29, 34. 
Ante,  p.  23, 
chap.  39. 


A  Petition  of  "William  Boardman  late  Constable  in  Chelsea, 
shewing  that  by  Means  of  some  unexpected  Disappointments  he 
has  not  been  able  to  fulfill  his  Engagements  to  pay  into  the  pub- 
lick  Treasury  the  Province  Tax  committed  to  him  to  collect,  ac- 
cording to  time,  praying  for  some  further  Indulgence  from  this 
Court. 

Eead  & 

Ordered  That  the  Prayer  of  the  Pet°  be  so  far  granted  as  that 
upon  the  Pet"  in  one  month's  time  paying  into  the  Province  Treas- 
ury Sixty  Pounds  which  he  therein  declares  he  will  pay  in  a  few 
days  The  Province  Treasurer  be  and  hereby  is  directed  to  delay 
for  six  months  putting  in  suit  the  Bond  given  by  the  Pef^  with  sureties 
to  s'^  Treasurer  as  a  Security  for  the  payment  of  the  Sum  therein  men- 
tioned.    \_Passed  June  12. 


CHAPTEE    34. 


ORDER    IMPOWERING    MARY    BAILEY,    EXECUTRIX,    TO    SELL    REAL 

ESTATE. 


Legislative 
Records  of  the 
Council,  XX., 
261.    Mass. 
Archives,  xix., 
129. 

Mass. 

Archives,  xix.,  -      •  .  ,  _-     ,-_, 

1-28, 130.  House  to  sell  the  said  Eeal  Estate. 


A  Petition  of  Mary  Bailey  Daughter  and  Sole  Executrix  of  the 
last  Will  &  Testament  of  Margaret  Pastee  dec*^  shewing  that  by  her 
said  Will,  she  disposed  of  all  her  Personal  Estate,  and  ordered  that 
her  Debts  should  be  paid  out  of  her  real  Estate,  but  gave  no  Power 
for  selling  it.  Praying  that  this  Court  would  give  the  Petitioner  Power 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  183 

Read  &  sf'^'^p^o'v.^^* 

Ordered  That  the  Prayer  of  the  Petition  be  so  far  granted  as  that  ince  Laws, 
the  said  Mary  in  her  Capacity  of  Executrix  as  therein  mentioned  be  io!  ^^^'  ^'^'^^'" 
impowered  to  make  sale  of  the  house  &  Land  in  said  Pet"^  mentioned 
for  the  most  they  will  fetch  &  to  give  a  sufficient  Deed  or  Deeds  of 
the  same  she  observing  the  Rules  and  Directions  in  the  Law  for  the 
Sale  of  Intestates  Estates  &  giving  sufficient  caution  to  the  Judge 
of  Probate  for  the  County  of  Suffolk,  that  the  Produce  thereof  shall 
be  applied  for  the  payment  of  the  just  Debts  &  Funeral  Charges  of 
S^  dec'^  &  the  Remainder  thereof  to  be  divided  according  to  the  Direc- 
tions of  her  said  Testatrix  in  her  Will  therein  mentioned.  [^Passed 
June  12.^ 


CHAPTER    35. 

RESOLVE  CONSTRUING  THE  VOTE  IN  REGARD  TO  THE  SALE  OF  LAND 
MADE  TO  M»  JOSEPH  LEE,  AND  DIRECTING  THAT  A  WARRANTY  DEED 
BE   GIVEN,  EXCEPT   AS   STATED   AT   THE   SALE. 

Inasmuch  as  a  Tax  of  one  half  peney  per  acre  for  the  Term  of  ^®^^®^^""^f .u 
three  Years  was  by  this  Court  layed  upon  the  Unimproved  Lands  council,  xx., 
in  the  Township  of  Sunderland  in  Dec^''  last,  at  which  time  there  Archi^es^^' 
was  a  Tract  of  5,850  acres  of  Unappropriated  Lands  Lying  near  xivi.,  366. 
Or  adioining  to  Millers  River,  which  this  Court  afterward  ordered  House  Jour- 
to  be  Sold  to  the  highest  Bidder  and  the  Same  was  accordingly  Sold  Ante,v.  75, 
to  m"'  Joseph  Lee  he  being  enjoined  by  the  Conditions  of  Sale  to  '^^{  chap. 
Settle  ten  Families  upon  the  Same  with  in  the  term  of  three  years:  353. 
And  whereas  the  Committee  are  on  account  of  Said  Tax  under  Some 
Difficulty  in  Making  a  Deed  in  the  Usual  form  for  Said  Land  and 
warranting  the  Same  free  and  Clear  of  all  Incumberances  as  the  Pur- 
chaser expects,  therefore 

Resolved  that  it  Never  was  the  Intent  of  the  Court  to  Subject  any 
of  the  Unappropriated  Lands  of  the  province  by  Such  Vote,  And  as 
the  Conditions  of  Sale  enjoined  on  the  purchaser  a  Duty  which  will 
be  of  equal  importance  with  the  Tax  to  the  Town  or  Distrect  where 
Said  land  lyes 

Resolvedih.n.t  the  Committee  appointed  to  Sell  the  Same  be  Directed 
to  give  a  good  and  Sufficient  Deed  therefor  in  the  Usual  form  and 
"Warrant  the  Same  free  from  all  Other  Incumberances  excepting  Such 
as  were  Expressly  Stipulated  at  the  time  of  Sale  And  the  Assessors 
where  the  said  land  lies,  are  hereby  Ordered  to  conform  themselves 
Accordingly.     [Passed  Ju7ie  13. 


CTTAT>nnTfT?      Qr^  Legislative 

xl^^irlJLrC      DO.  Records  of  the 

Council,  XX., 

262.    Mass. 
VOTE  FOR  AN  ADDITION  TO  THE  GARRISON  AT  FORT  MASSACHUSETTS.  Archives, 

Ixxiv.,  201. 


Voted,  That  the  Cap'  General  be  desired  to  order  an  addition  Elfordfonhe 
of  five  men  to  the  Forces  already  ordered  at  Fort  Massachusetts.  Council,  xx., 

r  r>  7    T  ■/  ^  261.    House 

\  Passed  June  13.  journal,  p.  37. 

Ante,  p.  181, 
1  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis-  chap.  30, 
lative  Records  of  the  Council  the  date  is  June  13. 


184 


Province  Laws  {Resolves,  etc.).  — 1754-55.     [Chaps.  37-40.] 


Legislative 
Records  of  the 
Council,  XX., 
262.    Mass. 
Archives, 
Ixxiv.,  200. 

Legislative 
Records  of  the 
Council,  XX., 
254.    House 
Journal,  p.  36. 


CHAPTEK    37. 

ORDER  FOR  PURCHASING  2,500   FIRE   ARMS. 

Ordered,  That  two  thousand  five  hundred  good  Fire  Arms  be  pur- 
chased as  soon  as  may  be,  and  that  the  same  be  distributed  into  the 
several  Towns  in  this  Province  in  proportion  to  their  respective  Prov- 
ince Taxes.     [^Passed  June  13. 


CHAPTER    38. 


Mass. 
Archives, 
cxvi.,  667. 


House  Jour- 
nal, jj.  40. 
Province 
Lavsrs,ii.,660, 
chap.  10. 


VOTE  ANNEXING  PART   OF  NOTTINGHAM  TO   DUNSTABLE. 

Inasmuch  as  Nottingham  was  part  of  Dunstable  &  in  the  Prov- 
ince of  the  Massachusetts  Bay  but  by  running  of  the  line  between 
this  Goverment  &  new  Hampshire  there  is  but  a  very  small  part  of 
nottingham  now  lying  in  this  Province  quite  uncapable  of  being 
made  a  district,  but  very  commodious  to  be  laid  to  Dunstable 

Voted  that  that  part  of  Nottingham  now  lying  in  this  Province  be  & 
hereby  is  laid  to  &  accounted  as  part  of  the  town  of  Dunstable  there  in 
every  respect  to  do  duty  &  receive  priveledge.     {^Passed  June  14. 


CHAPTER    39. 

Legislative  VOTE  ALLOWING  £5.  10  PER  MONTH  TO  THE  CHAPLAIN  OF  THE  FORCES 
CouDcn'xx.!'^  EASTWARD. 

263.    Mass. 

Archives, xiii.,        Voted,  That  the  Sum  of  five  pounds  ten  shillings  ^  month  be 

Legislative  allowed  to  the  Person  who  shall  be  employed  as  Chaplain  to  the 

Records  of  the  Porccs  destined  for  the  Eastern  Service  under  the  Comand  of  ColP 

254.  Ho'u'se  '*  Winslow.     \ Passed  June  14. 

Journal,  p.  40. 


CHAPTER    40. 


Legislative 
Records  of  the 
Council,  XX., 
263.    Mass. 
Archives, 
Ixxiv.,  202. 

House  Jour- 
nal,  p.  39. 
Stipra,  chap. 
37. 


ORDER  FOR  FIRE  ARMS  FOR  CASTLE   WILLIAM. 

Ordered  That  Six  hundred  Fire  Arms,  part  of  the  two  thousand 
five  hundred  already  agreed  to  be  purchased  for  the  use  of  this  Prov- 
ince, and  to  be  distributed  to  the  several  Towns,  be  aijpropriated  to 
the  use  of  his  Majesties  Castle  William,  and  that  the  same  be  deposited 
therein.     [Passed  June  14. 


[1st  Sess.]     Province  Laws  {Resolves^  etc.).  — 1754-55.  185 


CHAPTEK    41. 

ORDER  IMPOWERING  JAMES  THOMAS,  INDIAN,  TO  GIVE  DEED.  Legislative 

Records  of  the 

Whereas  it  appears  That  the  afores"^  respondent  James  Thomas  215.  Mass". '' 
in  his  answer  to  Kath.  Sachemus's  Petition  [which  was  dismissed],  xxxii^*53i. 
does  himself  Petition  this  Court  that  he  may  be  impower'd  to  give  u&s%. 
a  Deed  of  Confirmation  to  the  Heirs  of  Xeheniiah  Washburn  of  -'^^'^}??'^^4;  _„., 
Lands  sold  by  the  s*^  James's  Father  to  the  s'^  Washbourn ;         There-  Legisiative 

f  „,,„  Records  of  the 

•■-"^^  Council,  XX., 

Ordered  That  the  Pef  James  Thomas  W""  the  assistance  of  the  ^''o^^j.iSr^^ 
Guardians  of  the  Tetticut  Indians  be  impowered  to  make  a  good  pp.  '234a,' 250 
Deed  (in  Law)  of  Confirmation  to  Josiah  Dean  one  of  the  Heirs  of  pfs^"  pro^in'ce 
the  said  Nehemiah  Washbourn  of  the  Lands  mentioned  in  said  Peti-  Laws,  xiv.,  718, 
tion,  and  to  see  that  Justice  be  done  to  all  Parties  in  the  sale  thereof.  Antl',^-^'^, 
IPassed  June  14.  "^^^^  ^^s- 


CHAPTER    42. 

ORDER    WITH    STAY    OF    EXECUTION    ON    THE    PETITION    OF    THO^ 
FLETCHER  TO   ENTER  AN  APPEAL. 

On  THE  Petition  of  Thomas  Fletcher,  \^ante^  p.  48,  chap.  106]      R^^^rdf^f^th 
Eead  and  Accepted  and  Council,  xx., 

Ordered  that  the  Prayer  of  the  Petition  be  granted  and  that  upon  Archfves,^' 
the  Petitioners  giving  Sufficient  Caution  to  the  Sheriff  of  the  County  xiiii-,  762. 
of  Suffolk  to  pay  such  Sum  as  shall  finally  be  Adjudged  due  to  George  Mass. 
Euggles  therein  Named  upon  the  Action  mentioned,  the  Execution  xim.,^7.59.' 
issued  against  the  Petitioner  be  staid  and  that  the  Petitioner  be  enabled  ^a^M^  103"'^' 
to  appeal  from  from '  the  Jndgm*  of  the  Inferiour  Court  in  the  County  (December, 
of  Suffolk  to  the  Superiour  Court  of  Judicature  Court  of  Assize  &  \\.  AnFe',^'  ' 
General  Goal  Delivery  next  to  be  holden  within  and  for  the  County  i^g*.^' *^^'^^" 
of  Suffolk  he  Entering  his  Appeal  in  the  Clerks  Office  of  the  said 
Inferiour  Court  fourteen  days  before  the  Sitting  of  the  Court  appealed 
to  and  giving  Bond  before  one  of  the  Justices  of  the  said  Inferiour 
Court  (in  the  usual  Form ''  to  prosecute  the  said  Appeal  to  Effect  and 
that  the  Justices  of  the  said  Superiour  Court  be  impowered  and 
directed  to  hear  and  determine  the  Cause  aforesaid  give  Judgm* 
therein  and  award  Execution  thereon  as  they  might  have  done  had 
such  Appeal  been  made  and  prosecuted  in  time  and  Manner  as  by 
Law  is  prescribed  &  no  Default  had  been  made.     [Passed  Jtme  14. 


CHAPTER    43. 

VOTE   ELECTING  DAN^-  RUSSELL,  ESQ«,  COMMISSI  OF  IMPOST. 

The  TWO  Houses  proceeding  this  Day  to  the  Election  of  a  Com-  Legislative 
missioner  or  Receiver  [of]  '  the  Duties  of  Impost  for  this  present  coundf,xx?^ 
Year ;  264.   Mass!  "' 

1  Sic. 

^  Sic,  as  to  absence  of  parenthesis. 

^  Inserted  from  Legislative  Records  of  the  Council,  xx.,  264. 


186 


Archives,  Ixv. 
42^ 

House  Jour- , 
nal,  p.  41. 


Peovince  Laws  {Resolves, etc.).  — 1754-55.     [Chaps.  44-46.] 

Daniel  Eussell  Esq""  was  duly  elected  by  the  Votes  of  the  Major 
Part  of  the  Council  &  House  of  Eepresent"^'  to  the  said  Office. 
\_Pas8ed  June  15. 


CHAPTER    44. 

VOTE  APPOINTING  A  COMMITTEE  TO  FARM   THE   EXCISE   ON  TEA,  &c^, 
IN   SUFFOLK  COUNTY. 

Legislative  In  the  House  of  Eepresentatives : 

couiTcii^.xx.,  ^        Fo^efZ  that  James  Allen  »&  Joseph  Richards  Esq''^  with  such  as 

-^ the  Hon'''®  Board  shall  join,  be  a  Committee  to  farm  out  the  Excise 

House  Jour-      q^  rpca,  Coffec  &  China  Ware  for  the  County  of  Suffolk, 

Pro'vmce  In  Council;  Read  &  Concur'd,  And  John  Erving  Esq''  is  joined 

Laws. iii., 816,    .^  ^^g  ^£f^.^^     IPassed  June  15. 


CHAPTER    45. 


VOTE  APPOINTING  A  COMMITTEE  TO  FARM  THE    EXCISE    ON    TEA,   &c, 

IN  ESSEX  COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
265. 

House  Jour- 
nal, p.  42. 


In  the  House  of  Representatives ; 

Voted  that  Henry  Gibbs  &  Joseph  Gerrish  Esq"  with  such  as  the 
Hon'''"'  Board  shall  join,  be  a  Committee  to  farm  out  the  Excise  on 
Tea,  Coffee  &  China  Ware,  for  the  County  of  Essex, 

In  Council;  Read  &  Concur'd;  And  Thomas  Berry  Esq''  is  joined 
in  the  Affair.     \^Passed  June  15. 


CHAPTER    46. 


VOTE  APPOINTING  A  COMMITTEE  TO  FARM  THE    EXCISE    ON   TEA,  &c, 
IN  MIDDLESEX  COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
265. 

House  Jour- 
nal, p.  42. 


In  the  House  of  Representatives; 

Voted  that  William  Brattle  Esq'  &  M'  James  Russell,  with  such 
as  the  Hon^'®  Board  shall  join,  be  a  Com''®  to  farm  out  the  Excise 
on  Tea,  Coffee  &  China  Ware;  for  the  County  of  Middlesex, 

In  Council;  Read  &  Concur'd;  And  Ezekiel  Chever  Esq'"  is  joined 
in  the  Affair.     \^Passed  June  15. 


[1st  Sess.]     Province  Laws  {Resolves^  etc.).  — 1754-55.  187 


CHAPTEK    47. 

VOTE  APPOINTING  A  COMMITTEE  TO  FARM  THE  EXCISE    ON    TEA,    &c, 
IN  HAMPSHIRE   COUNTY. 

In  the  House  of  Eepresentatives  Legislative 

Voted  that  Joseph  Hawley  Esq''  and  Cap'  Moses  Marsh  with  couucif.xx.,  ^ 

such  as  the  Hon''^^  Board  shall  join  be  a  Committee  to  farm  out  the  Archwes^" 
Excise  on  Tea  Coffee  &  China  Ware  for  the  County  of  Hampshire    cxix.,  672. 

In  Council  Read  &  Concur'd  &  Eleazer  Porter  Esq"^  is  joined  in  House  Jour- 
the  Affair.     [Passed  June  15.  nai,p.42. 


CHAPTER    48. 

VOTE  APPOINTING  A   COMMITTEE  TO   FARM   THE    EXCISE    ON    TEA,   &c, 
IN  WORCESTER  COUNTY. 

In  the  House  of  Representatives  R^^^^^d^^^f  th 

Voted  that  William  Richardson  Esq""  and  Cap*  Nathan  Tyler  with  council,  xx., 
such  as  the  Hon^'®  Board  shall  join  be  a  Committee  to  Farm  out  the  ArcMv^es^cxx., 

Excise  on  Tea  Coffee  and  China  Ware  for  the  County  of  Worcester  '^^^i 

In  Council  Read  and  Concur'd  and  Joseph  Wilder  Esq"^  is  ioined  House  .jour- 
m  the  Affair.     [Fassed  June  15. 


CHAPTEE    49. 

VOTE  APPOINTING  A  COMMITTEE   TO  FARM  THE    EXCISE    ON    TEA,   &c, 
IN  PLYMOUTH   COUNTY. 

In  the  House  of  Representatives  Legislative 

Voted  that  Thomas  Foster  &  Gamaliel  Bradford  Esq"  with  council^  xx.,  ^ 

such  as  the  Hon'''®  Board  shall  join  be  a  Com*®®  to  farm  out  the  ArcMves^^' 
Excise  on  Tea  Coffee  &  China  ware  for  the  County  of  Plymouth       cxtx.,  673. 

In  Council;  Read  &  Concur'd,  And  John  Cushing  Esq""  is  joined  House  Jour- 
in  the  Affair.     [Passed  June  15.  ^^^'  »•  *"^- 


CHAPTER    50. 

VOTE  APPOINTING  A  COMMITTEE  TO  FARM  THE    EXCISE    ON    TEA,   &c, 
IN  BARNSTABLE   COUNTY. 

In  the  House  of  Representatives;  R^^^^d"^! th 

Fo^ef?  that  James  Otis,  and  David  Crocker  Esq"  with  such  as  the  council, xx., 

Hon'''®  Board  shall  join,  be  a  Committee  to  farm  out  the  Excise  on  ^^E^ , 

Tea,  Coffee,  &  China  Ware,  for  the  County  of  Barnstable,  Su^p^  42'*."''' 

In  Council;  Read  &  Concur'd,  And  John  Otis  Esq"  is  joined  in 
the  Affair.     [Passed  June  15. 


188 


Province  Laws  {Resolves,  etc.).  — 1754-55.     [Chaps.  51-54.] 


CHAPTER    51. 


VOTE  APPOINTING  A   COMMITTEE    TO  FARM  THE  EXCISE  ON    TEA,    &c, 
IN  BRISTOL  COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
26.0.    Mass. 
Archives, 
cxix.,  673". 

House  Jour- 
nal,  p.  42. 


In  the  House  of  Eepresentatives 

Voted  that  Ephraini  Leonard  Esq'  &  &  '  M'  Israel  Tisdale  with 
such  as  the  Hon^'®  Board  shall  join  be  a  Committee  to  farm  out  the 
Excise  on  Tea  Coffee  and  China  Ware  for  the  County  of  Bristol 

In  Council  Eead  &  Concur'd  &  George  Leonard  Esq'  is  joined  in 
the  Affair.     \^Passed  June  15. 


CHAPTER    52. 


VOTE  APPOINTING  A  COMMITTEE  TO  FARM  THE    EXCISE    ON    TEA,   &c, 

IN  YORK  COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
265.    Mass. 
Archives, 
cxix.,  670a. 

House  Jour- 
nal, p.  42. 


In  the  House  of  Eepresentatives 

Voted  that  John  Storer  Esq""  and  M'  Samuel  Hill  with  such 

as  the  Hon"^  Board  shall  join  be  a  Committee  to  farm  out  the 
Excise  on  Tea  Coffee  &  China  Ware  for  the  County  of  York 

In  Council;  Eead  &  Concur'd  &  John  Hill  Esq'  is  joined  in  the 
Affair.     [^Passed  June  15. 


CHAPTER    53. 


VOTE   APPOINTING  A  COMMITTEE  TO  FARM  THE    EXCISE    ON    TEA,   &c, 
IN  THE  COUNTY  OF  DUKES   COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
265. 

House  Jour- 
nal,  p.  42. 


In  the  House  of  Eepresentatives, 

Voted  that  Col°  Mahew  &  Cp*  Norton  with  such  as  the  Hon*''® 
Board  shall  join,  be  a  Committee  to  farm  out  the  Excise  on  Tea, 
Coffee  &  China  Ware,  for  the  County  of  Dukes  County, 

In  Council;  Eead  &  Concur'd;  And  John  Skinner  Esq'  is  joined 
in  the  Affair.     [^Passed  June  15. 


CHAPTER    54. 


VOTE  APPOINTING  A  COMMITTEE  TO  FARM  THE  EXCISE  ON  TEA,   &c^ 
IN  NANTUCKET  COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
266.    Mass. 
Archives, 
cxix.,  672". 

House  JoTir- 
nal,  p.  42. 


In  the  House  of  Eepresentatives 

Voted  that  Abishai  Folger  Esq'  and  M'  Eichard  Coffin  with 

such  as  the  Hon'''''  Board  shall  join  be  a  Committee  to  farm  out  the 
Excise  on  Tea  Coffee  and  China  Ware  for  the  County  of  Nantucket 

In  Council  Eead  &  Concur'd  And  Josiah  Coffin  Esq'  is  joined  in 
the  Affair.     \Passed  June  15. 

1  Sic. 


[1st  Sess.]     Province  Laavs  {Resolves,  etc.).  — 1754-55.  189 


CHAPTER    55.  ^iS^oTthe 

Council,  XX., 
269.    Mass. 
VOTE  FOR  NOTIFYING  THE   FARMING  OF  THE  EXCISE.  Archives, 

cxix.,  670. 


Voted  that  the  Comittees  of  the  several  Counties  to  farm  out  the  naTrf  43*'^'^' 
Excise  on  Tea,  Coffee  &  China  Ware,  insert  in  the  Publick  Prints  the  ProVincV 
Time  &  place  design'd  for  that  purpose;  and  That  the  Comencement  note.^' ^«ie,'^^' 
of  the  Eates  for  said  Excise  is  on  the  first  of  July  next.     {Passed  ^'^^pf  u-li 
Jione  15.^ 


CHAPTER    5(o. 

RESOLVE   THAT  THE   EXCISE   ON    TEA,  Ac^,  BE   MORTGAGED    FOR    PAY-  Legislative 

MENT  OF  FIRE  ARMS.  Records  of  the 

Council,  XX., 

269.    Mass. 

Resolved,  That  the  Excise  on  Tea,  Coffee  and  China  Ware  for  ^xTx^l^'en'. 
the  Present  year  be  mortgaged  as  a  security  (as  far  as  it  goes)  for  -^^^^^  j^^^. — 
the  payment  of  the  two  thousand  fire  arms  directed  to  be  sent  for,  nai,  p.  43. 
to  London.     [Passed  June  18.  i>^m.chap. 


CHAPTER    57. 

ORDER  APPOINTING  A  COMMITTEE  TO  PURCHASE  FIRE  ARMS. 

In  the  House  of  Represent*  Refords^of  the 

Ordered  That  M'  Allen  M'  James  Bowdoin  &  M'  Fletcher  with  council,  xx., 
such  as  the  Hon"^  Board  shall  join  be  a  Comittee  to  purchase  Two  Arcw^es^^' 
thousand  five  hundred  Fire  Arms  for  the  use  of  the  Province.  ixxiv.,  211. 

In  Council,  Read  &  Concur'd  and  Ezekiel  Chever  &  John  Erving  House  Jour- 
Esq"  are  joined  in  the  affair.     [Passed  Jjcne  18.  Anu,'v. i84. 


CHAPTER    58. 

ORDER  FOR  PURCHASING  2,000  FIRE  ARMS  IN  LONDON. 

Ordered,  That  the  Comittee  appointed  to  purchase  the  two  thou-  Legislative 
sand  five  hundred  fire  Arms  for  the  use  of  this  Province  be  directed  councu^  x4!|^^ 
to  Avrite  to  M''  Agent  Bollan,  or  some  other  person  to  purchase  two  269.  Mass. 

J.  -L  ArciiiVGS 

thousand  (part  of  the  said  twenty  five  hundred)  in  London,  upon  ixxiv.,  210. 
the  Credit  of  this  Province  and  on  the  best  Terms  he  can,  and  to  House  jout. 
send  them  over  as  soon  as  may  be.     [Passed  June  18.  ^sllpfa^tha,^. 

57. 

'  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  the  date  is  June  17. 


190 


Province  Laws  {Resolves^  etc.).  — 1754-55.     [Chaps.  59-61.] 


CHAPTEE    59. 


ORDER  ALLOWING  THE  ACCO^  OF  THE  TREAS^  OF  HAMPSHIRE  COUNTY. 


Legislative 
Records  of  the 
Couucil,  XX., 

270.    Mass. 
Archives, 
ccxlviii.,  63. 

Mass. 
Archives, 
ccxlviii.,  63. 
House  Jour- 
nal, pp.  9,  29. 


An  Accompt  presented  by  Edward  Pynchoii,  Treasurer  of  the 
County  of  Hampshire  for  the  Year  1753,  Having  been  by  him  laid 
before  the  Court  of  General  Sessions  of  the  Peace  for  the  said 
County  and  by  them  allowed, 

Eead  & 

Ordered,  That  this  Accompt  be  allowed,  &  That  the  Balance 
thereof  being  one  Pound  three  shillings  &  Nine  pence  one  farthing 
(exclusive  of  the  Assessments  laid  on  Suffield,  Enfield  and  Somers 
for  the  last  two  Years,  amounting  to  Sixty  two  pounds  three  shil- 
lings and  one  farthing)  the  said  County  be  accountable  to  the  said 
Treasurer  for  and  further  that  y®  above  Assessments  on  Suffield 
Enfield  &  Somers,  to  y®  amount  afores"^  if  collected,  shall  be  ac- 
counted for  by  y®  Treasurer  to  y®  County.     \^Passed  June  18.^ 


CHAPTER    60. 


ORDER  FOR  REPAIRS  ON  THE  LIGHT  HOUSE  BOAT. 


Legislative 
Records  of  the 
Council,  XX., 
272.    Mass. 
Archives,  Ixv., 
47^ 

Legislative 
Records  of  the 
Council,  xix., 
347.    House 
Journal,  p.  52. 


A  Memorial  of  Eobert  Ball,  Keeper  of  the  Light  House,  at  the 
Entrance  of  Boston  Harbour,  setting  forth  that  the  Sails  and  Moor- 
ing of  the  Boat  there,  belonging  to  the  province,  are  worn  out  and 
unfit  for  Service,  Praying  that  a  new  Set  of  Sails  and  Mooring  may 
be  provided. 

Head  & 

Ordered  that  the  Committee  upon  the  Affairs  of  the  Light  house 
be  directed  to  make  Such  Supply's  for  the  Light  House  Boat  within 
mentioned  as  they  Judge  Necessary.     \^Passed  October  18. 


CHAPTEE    61. 


ORDER    ALLOWING    THE    ACCOr    OF    THE    TREASURER   OF    PLYMOUTH 

COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
279.    Mass. 
Archives, 
ccxlviii.,  120. 

Mass. 
Archives, 
ccxlviii.,  120. 
House  Jour- 
nal, pp.  9,  51, 
53. 


An  Accompt  presented  by  Edward  Winslow  Esq'  Treasurer  of 
the  County  of  Plymouth  for  the  last  Year,  having  been  laid  before 
the  Court  of  General  Sessions  of  the  Peace,  for  the  said  County, 
and  by  them  allowed, 

Eead  &  it  Appearing  the  within  Acc*^  is  right  Cast  &  well  Vouched 
And  that  there  is  a  Ballance  due  from  From  °  Edward  Winslow  Esq'' 
County  Treasurer  of  Thirty  Three  pounds  14/7.-|-, 

Ordered  that  the  S**  Treasurer  be  further  Accountable  to  S*^  County 
for  S**  Sum.     [Passed  October  18. 

*  Adjourned  to  October  17.     See  Legislative  Records  of  the  Council,  xx.,  272. 
.«  Sic. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  191 


CHAPTER    62. 

ORDER  ON  PETITION  OF  THO^    &    JONATHAN    HARLOW    AND    OTHERS 
CONFIRMING  PARTITION  OF  LAND. 

A  Petition  of   Thomas  Harlow  &  Jonathan  Harlow  both  of  Rgfords^onh 
Plymouth  in  the  County  of  Plymouth,  and  Abner  Sylvester,  Guar-  Couucii,  xx., 
dian  to  His  Son  Nathaniel  Sylvester  a  Minor,  and  Jedediah  Har-  Archive s^.xix., 
low,  shewing  that  the  first  mentioned  Petitioners  were  Tenants  in  ^ 


Common  with  Eleazer  Harlow,  now  Dec*^  in  certain  Lands  in  Plym-  Mass. 
outh,  containing  about  One  hundred  &  eighty  Acres:  which  they  nvf'^House'"'^'' 
agreed  to  make  Partition  of,  &  the  Instrument  of  their  Agreement  Journal,  pp.  si, 
was  drawn,  and  the  Land  accordingly  divided,  but  the  said  Eleazer 
died  before  the  Instrument  was  executed.  Praying  that  this  Court 
would  confirm  the  said  Division,  and  that  the  Parties  may  hold  in 
severalty,  as  much  as  if  the  aforesaid  Instrument,  had  been  executed 
by  the  said  Eleazer, 

Eead  & 

Ordered  that  the  prayer  of  the  petitioners  be  granted  and  that 
the  division  made  in  the  life  time  of  Eleazer  Harlow  with  his  Brothers 
Thomas  &  Jonathan  Mentioned  in  the  petition  be  confirmed  and 
held  good  to  all  intents  &  purposes  as  if  the  deed  of  partition  had 
actually  been  passed  by  the  parties  in  the  life  time  of  the  Said  Eleazer 
&  that  the  Said  Thomas  &  Jonathan  together  with  the  heirs  of  the 
Said  Eleazer  hold  in  Severalty  by  the  meets  &  bounds  mentioned  in 
the  petition.     \_Passed  October  18. 


CHAPTEE      63  Legislative 

^  ^^-^^    J-J^xv      UU.  Records  of  the 

Council,  XX., 
2S1      TVfass 
ORDER  FOR  A  COVERT  WAY  FROM  THE   PROV^'^  HOUSE.  Archives,  ' 

xlix.,  404. 


Ordered  that  the  Committee  Appointed  for  the  repairs  of  The  House  Jour, 
province  house  be  directed  to  make  a  Convenient  Covert  way  from  Province 
Said  house  to  the  Street  that  persons  may  pass  and  rejDass  dry  in  ^haY3^'20Ty'' *^''' 
foul  weather.     [Passed  October  22. 


CHAPTER    64. 

ORDER  APPOINTING 'A  COMMITTEE    ON    THE    AFFAIR    OF    THE    FIRST 
PARISH  IN  MIDDLEBOROUGH. 

A  Petition  of  the  Committee  of  the  first  Parish  in  Middleboro  ^^^^®^^^**^f®  ^ 
setting  forth  the  Unhappy  Circumstances  the  said  Parish  has  been  councif.xx., 

in  since  their  having  been  divided  into  two  Societies,  and  for  as  '^— 

much  as  they  are  now  destitute  of  a  Minister,  and  have  no  Prospect  ^r^iji^gg 
of  settling  one  among  them.  Praying  that  the  said  Parish  may  be  cxvi.,  709^714. 
freed  from  any  Prosecution  in  the  Law  on  Account  of  their  hav-  nail^pp^ss^^eo. 
ing  no  settled  Minister  among  them,  and  that  the  Inhabitants  may 
attend  the  publick  Worship  in  other  Places  near  them,  as  may  be 
most  Convenient  for  them,  or  be  otherwise  releived. 

In  the  House  of  Eepresentatives ;  Read  & 


192 


Province  L a ws  ( Resolves ,etG.).  — 175 4-5 5 .     [ Chaps .  65,66.] 


Ordered  that  Thomas  Foster  and  Thomas  Clap  Esq''^  with  such 
as  the  Hon'"'^  Board  shall  join,  be  a  Comm'^^  to  hear  the  Petitioners 
and  other  Persons  that  are  attending,  as  may  be  concerned  in  the 
Petition;  and  that  the  Committee,  if  upon  hearing  the  Petitioners, 
judge  it  necessary,  that  they  then  repair  to  Middleboro,  hear  the 
Parties  there,  and  consider  their  Circumstances,  and  report  what 
maybe  proper  for  this  Court  to  do  thereon;  The  Charge  of  the 
Committee  to  be  born  by  the  first  Parish  in  Middleborough ;  In 
Council;  Eead  &  Concur'd;  And  Samuel  Watts  Esq''  is  joined  in 
the  Afiajr.     {Passed  October  23. 


CHAPTER    65. 


Legislative 
Records  of  the 
Council,  XX., 

283.    Mass. 
Archives, 
Ixxiv.,  230. 

House  Jour- 
nal, p.  65. 


VOTE  ALLOWING  37/  1  TO  NATHAN^-  RUSSELL,  ESQ« 

A  Petition  of  Nathaniel  Eussell  Esq''  of  Littleton,  praying  to 
be  allowed  out  of  the  publick  Treasury  his  Accompt  of  Expence 
in  the  Funeral  of  One  Stephen  Corey,  a  Soldier  in  the  late  Expe- 
dition upon  Kennebeck  Eiver,  who  died  upon  his  Return,  amount- 
ing to  Thirty  seven  shillings,  and  one  penny, 

Read  & 

Voted  that  the  prayer  of  the  Petition  be  granted  and  that  the 
Petitioner  be  paid  out  of  the  Publick  Treasury  the  Sum  of  Thirty 
Seven  shillings  &  one  penny  in  Discharge  of  the  Account  Mentioned 
in  the  Petition.     {Passed  October  25.^ 


CHAPTER    ^%. 

VOTE  AND  ORDER  DEFINING  THE  POWERS  OF  THE   COLLECTORS    AND 
SURVEYORS  OF  THE  TOWN  OF  PELHAM. 


Legislative 
Records  of  the 
Council,  XX., 
283.    Mass. 
Archives, 
cxvi.,  Tl'J. 

Mass. 
Archives, 
cxvi.,  717-720. 
Province 
Laws,  iii.,  714, 
chap.  23 ;  744, 
note.    House 
Journal, 
pp.  67, 66,  67. 


A  Petition  of  the  Select  Men  of  the  Town  of  Pelham  in  the 
County  of  Hampshire,  setting  forth  the  great  Difficulties  the  In- 
habitants of  said  Town  are  under,  by  Reason  of  their  Assessors  & 
Collectors  of  Taxes  neglecting  to  take  the  Oath,  respecting  the 
Bills  of  Credit  of  the  Neighbouring  Governments;  Praying  that 
this  Court  would  give  such  Order  thereon,  as  also  in  respect  of  the 
Repairs  of  their  High  Ways  as  may  be  necessary  for  the  Relief  of 
the  said  Town. 

[Read  &] 

Voted  ^  and 

Ordered  That  the  Constables  and  Collectors,  for  s*^  Town,  of  all 
and  Every  the  Assessments  Whether  Province  Town  or  County,  Who 
have  been  chosen  and  Sworn  to  those  offices  in  s"  Town  either  in  y® 
month  of  March  1750.  or  in  any  other  year  since,  before  y®  month 
of  march  last  and  who  have  not  finished  &  perfected  their  Collec- 
tions of  the  Sum  Total  of  the  several  Assessments  which  within 
that  time  have  been  made  of  any  Sums  lawfully  ordered  Set  and 
granted  to  be  assessed  on  the  Inhabitants  of  s**  Town  and  assessed 
by  Assessors  who  had  taken  y®  assessors  Oath  Be  and  hereby  are 

'  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  October  24. 

-  The  House  Journal,  p.  66,  reads,  "Read  and  accepted,  and  Voted." 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  193 

Impowered  to  finish  and  perfect  their  Collections  of  all  such  assess- 
ments, and  to  Inforce  y^  paym*^  of  all  such  sums  in  which  particular 
persons  are  and  have  been  assessed  in  s**  assessments  which  yet  remain 
unpaid  by  all  such  ways  or  methods  as  Constables  and  Collectors  of 
Taxes  in  all  respects  qualified  are  Impowered  to  do  by  Law 

And  that  s*^  Constables  and  Collectors  of  Pelham  Shall  be  Account- 
able to  the  Province  Treasurer,  Treasurer  for  y*"  County  of  Hamp- 
shire, and  Treasurer  of  s*^  Town  of  Pelham  for  the  Time  being  respec- 
tively for  all  y*^  respective  sums  Which  have  been  or  Shall  be  Collected 
by  them  on  province  Town  &  County  assesm*^  and.  Shall  be  Compelled 
and  Oblidged  to  pay  in  all  such  sums  to  s*^  Treasurers  respectively 
to  whom  they  are  due,  by  all  such  ways;  «&  means  as  qualified  Con- 
stables and  Collectors  may  by  Law  be  oblidged  to  do 

And  It  is  further 

Ordered  That  the  Surveyors  of  Ways  for  s*^  Town  in  y*^  year  1750. 
and  in  Each  Succeeding  year  since  Shall  render  to  the  Surveyor  of 
Ways  in  s''  Town  for  y*"  Time  being  a  True  Ace*  of  all  those  persons 
Who  did  not  do  &  perform  their  proportionable  part  of  Work  at 
making  &  Maintaining  Ways  in  s*^  Town,  during  y*^  Time  that  the 
Surveyors  of  Ways  for  s'^  Town  were  Not  qualified  by  taking  y"  Oath 
required  by  Law  respecting  y^  Bills  of  Credit  of  the  Neighbouring 
Governm*^  and  s**  Surveyors  for  the  Time  being  are  hereby  directed 
and  Impowered  to  order  and  Oblidge  all  such  persons  as  in  that  time 
Neglected  to  do  their  proportion  of  Work  at  y*"  Ways,  in  the  first 
place  to  do  and  perform  so  much  Work  at  y^  Ways  in  s'^  Town 
as  Shall  be  equal  to  the  Whole  of  Each  respective  Polls  propor- 
tion through  y*^  Whole  time  afore^  which  work  Such  persons  have 
Neglected  to  perform,  before  they  Shall  proceed  to  Notifie  and 
order  the  Inhabitants  of  s'*  Town  in  gen'  to  begin  and  Enter  on, 
a  Course  of  Work  at  y^  Ways  to  be  performed  in  a  legal  propor- 
tion by  all  the  y^ '  Inhabitants  of  s*^  Town  without  any  respect  to 
former  defects  of  any  of  s''  Inhabitants.     \Passed  October  25. 


CHAPTER    67. 

VOTE  ANNEXING  JN^  WELD   &   OTHERS  WITH  THEIR  ESTATES  TO  THE 
TOWN  OF  STURBRIDGE. 

A  Petition  of  John  Weld,  Moses  Weld,  Moses  Weld  jun'',  Aaron  Legislative 
Weld,  Abijah  Weld,  and  Joshua  Weld,  shewing  that  they  are  settled  coundf,  xx!r^ 
upon  a  Tract  of  Land  in  the  County  of  Worcester,  commonly  called  284    Mass. 
the  Gore,  which  is  annexed  to  no  Town,  &  lies  most  commodiously  cxvi.,  693'. 
situated  for  the  Town  of  Sturbridge,  Therefore  Praying  that  they  Mass. 
&  their  Estates  may  be  joined  to  the  said  Town  of  Sturbridge;  ^^vlI^II'. 

Read  &  House  Jour. 

Voted  that  the  prayer  of  the  Petition  be  granted  &  that  the  Peti-  °*'P^'  ' 
tioners  with  the  Lands  in  the  petition  Mentioned  being  one  Mile  & 
One  quarter  in  length  running  East  from  Oxford  Northwest  Corner 
Upon  Oxford  line  then  running  A  North  line  to  Brookfield  South 
line  be  &  hereby  is  Annexed  to  &  Made  part  of  the  Town  of  Stur- 
bridge there  in  every  respect  to  do  duty  &  receive  priviledge.  \^Passed 
Octoier  25. 

>  Sic. 


194 


Province  Laws  (Besolves,  etc.).  — 1754-55.     [Chaps.  68-70.] 


Legislative 
Eecords  of  the 
Council,  XX., 
284.    Mass. 
Archives, 
Ixxiv.,  245. 

Mass. 
Archives, 
Ixxiv.,  244; 
ccciii.,  67. 
House  Jour- 
nal, pp.  55,  68. 


CHAPTER    68. 

VOTE  ALLOWING  40/  TO   GEORGE   WATKINS. 

A  Petition  of  George  Watkins  of  Sturbridge,  Praying  the  Charge 
of  his  Sickness  when  he  returned  from  His  Majesty's  Service  in 
the  taking  of  Cape  Breton,  may  be  paid  to  him  out  of  the  publick 
Treasury, 

Eead  & 

Voted  that  there  be  Allowed  &  paid  out  of  the  publick  Treasury 
the  Sum  of  Forty  Shillings  lawfull  money  in  full  for  what  he  paid 
his  Nurse  &  other  expences  &  during  his  Sickness  in  the  town  of 
Boston  exclusive  of  what  he  has  Already  Received.  [Passed  Octo- 
ber 25. 


CHAPTER    69. 

ORDER  IMPOWERING  CALEB  DODGE,  ADMINISTRATOR,  TO    EXECUTE    A 

DEED. 


Legislative 
Records  of  the 
Council,  XX., 
285.    Mass. 
Archives,  xix., 
216. 

Mass. 

Archives,  xix., 
216.    House 
Journal, 
pp.  61,  68. 


A  Petition  of  Caleb  Dodge  Administ^  of  the  Estate  of  Benjamin 
Dodge  late  of  Beverly  dec*^  shewing  that  the  said  Benjamin  in  his 
Life  time  agreed  with  William  Mayberry  to  make  over  to  him  part 
of  his  Right  in  the  Township  of  New  Marblehead,  upon  his  per- 
forming the  Condition  of  Settlement,  which  the  said  Mayberry  has 
accordingly  done,  and  is  ready  to  make  Proof  thereof;  and  for  as 
much  as  the  Petitioner  cannot  give  a  lawful  Deed  of  the  said  Land, 
therefore  praying  this  Court  to"  grant  him  Assistance  in  the  said 
Affair. 

Read  & 

Ordered  that  the  prayer  of  the  petition  be  so  far  granted  as  that 
the  Petitioner  Caleb  Dodge  be  &  hereby  is  fully  Authorized  and 
Impowered  to  make  &  Execute  to  the  S^  William  Meaybary  good 
and  Sufficient  Deeds  in  the  Law  of  two  Ten  Acre  lots  Mentioned 
in  the  Petition  Upon  his  the  Said  Meaybary  producing  to  Said 
Dodge  full  &  Sufficient  proof  of  of '  his  having  performed  the 
Conditions  of  the  Grant  of  the  General  Court  as  Stipulated  in  the 
Covenant  between  Benj*  Dodge  and  the  S*^  Meaybary  &  also  give 
Sufficient  Caution  to  Said  Caleb  Dodge  Adm^  &  Guardian  that  S** 
Meaybary  his  heirs  &  assigns  Shall  Also  Continue  to  pay  the  Min- 
isterial Charges  in  Said  Covenant.     [Passed  October  25. 


CHAPTER    70. 

ORDER  IMPOWERING  EDWARD  DOTEN  &  AMAZIAH  HARLOW,  EXEC- 
UTORS, TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD 
TO  THE  PROCEEDS. 

Rlfords"of  the  ^  PETITION  of  Edward  Doten  &  Amaziah  Harlow,  Executors  of 
Council,  XX.,  the  last  Will  &  Testament  of  Elisha  Doten  late  of  Plymouth  dec^ 
Archi^esTiix.,  shewing  that  none  of  the  Heirs  are  willing  to  liave  the  real  Estate 
"^ settled  upon  them,  &  it  being  small,  cannot  without  Prejudice  to  it 

1  Sic. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  195 

be  divided  among  them,  and  for  as  much  as  there  are  divers  Minors  Mass. 
concerned,  Therefore  Praying  that  the  whole  may  be  sold.  207?''House^^'' 

Ordered  that  the  prayer  of  the  petition  be  So  far  granted  as  that  '^°^r?*'j 
the  Petitioners  in  their  Capacity  be  &  hereby  are  Impowered  to  make  Province 
Sale  of  the  real  Estates  in  the  petition  mentioned  for  the  Most  the  cha^x  lo."' ^^^' 
Same  will  fetch  and  to  execute  a  good  Deed  or  Deeds  of  the  Same 
they  Observing  the  directions  of  the  Law  respecting  the  Sale  of  real 
Estates  provided  that  Paul  Doten  James  Doten  &  Stephen  Doten 
(three  of  the  Children  of  Elisha  Doten  Dec**  who  are  of  Age)  do 
give  their  Consent  to  the  Sale  of  Said  Estate  &  that  the  pef^  give 
Caution  to  the  Judge  of  Probates  for  the  County  of  Plymouth  that 
the  proceeds  Arising  by  S"^  Sale  be  distributed  to  the  heirs  of  Elisha 
Doten  Dec**  in  Such  Shares  as  is  Mentioned  in  the  Last  Will  &  Tes- 
tament of  S*^  Dec'^.     [^Passed  October  25. 


CHAPTER    71. 

VOTE  IMPOWERING  JACOB   CHALCOM,  INDIAN,  TO   SELL  LAND. 

A  Petition  of  Jacob  Chalcom  of  Natick  Indian,  Praying  that  Legisianve 
he  may  be  impowered  to  sell  some  small  Parcells  of  Land,  he  owns  councif.xx!, * 
in  said  Town  for  Payment  of  his  Debts,  Purchasing  things  neces-  Archives*^' 
sary  for  his  Husbandry  ASairs,  t&c^  xxxii.,  418. 

Read  &  Mass. 

Voted  that  the  prayer  of  the  petition  be  granted  &  that  the  peti-  xxxu.ITn. 
tioner  have  liberty  to  Sell  So  much  of  his  Outlands  as  shall  be  need-  Ho^se  Jour- 
full  for  the  purposes  mentioned  in  the  pet°  and  also  have  liberty  to  4i,  eo,  6i,%,  ee. 
exchange  the  remaining  part  of  his  Small  peices  of  remote  land  for  ^hap.lse.^*'* 
such  other  lands  as  may  be  Neerer  &  Better  Accomodate  his  Home- 
stead, with  the  Assistance  and  under  the  Special  direction  of  the 
Guardians  of  the  Natick  Indians.     {^Passed  October  25. 


CHAPTER    72. 

ORDER  ALLOWING   £2.  10.  8  TO   JOSEPH   CRAIG. 

A  Petition  of  Joseph  Craig  of  Rutland,  praying  that  the  Charge  Legislative 
of  his  Brothers  Sickness  &  Funeral,  who  was  a  Soldier  in  the  late  coundf  xx*.*^^ 
March  up  Kennebeck  River,  and  died  at  Boston  w^om  his  Return  286.  Mass. '' 
may  be  paid  out  of  the  publick  Treasury.  ixxiv.Ille. 

Read  &  i^^T 

Ordered  that  the  prayer  of  the  pet''  be  So  far  granted  that  the  ^^^^^^||^ 
Sum  of  Two  pounds  ten  shillings  &  eight  pence  lawfull  money  be  House  Jou'r- 
paid  out  of  the  publick  Treasury  to  the  pef  in  full  for  the  expenses  ^^^I'PP-^i.es- 
mentioned  in  the  Petition.     \^Passed  October  25. 


196 


Province  Laws  {JResolves,  etc.).  — 1754-55.     [Chaps.  73-75.] 


Legislative 
Records  of  the 
Council,  XX., 
287.     Mass. 
Archives, 
ccxlviii.,  103. 

Mass. 
Archives, 
ccxlviii.,  103. 
House  Jour- 
nal, pp.  9,  67. 


CHAPTEE    73. 

ORDER  ALLOWING  THE  ACCO^  OF  THE  TREAS^  OF  YORK  COUNTY. 

An  Accompt  presented  by  Jeremiah  Moiilton  Esq""  Treasurer  of 
the  County  of  York  for  the  last  Year,  Having  by  him  been  laid 
before  the  Court  of  General  Sessions  of  the  Peace  for  the  said 
County  &  by  them  allowed; 

Eead  &  it  Appearing  that  the  within  Account  is  right  Cast  &  well 
Vouched  And '  Accepted  & 

Ordered  that  the  within  Named  Jeremiah  Moulton  the  County 
Treasurer  be  further  Accountable  for  the  Sum  of  thirty  three 
pounds  sixteen  Shillings  &  five  pence  the  Ballance  of  S*^  Account. 
[Passed  October  26. 


CHAPTER    74. 


ORDER  IMPOWERING  THE   COURT  OF  GENERAL   SESSIONS    TO    GRANT 
LICENCE  TO  KEEP  AN  INN  IN  LYNN. 


Legislative 
Records  of  the 
Council,  XX., 
288.    aiass. 
Archives,  cxi., 
311. 

Maes. 

Archives,  cxi., 
310.    House 


A  Petition  of  Benjamin  Newhall  in  the  Name  &  Behalf  of  the 
Select  Men  of  Lyn,  shewing  that  since  the  last  Term  for  granting 
Licences  in  the  County  of  Essex,  two  Innholders  have  died  in  the 
said  Town,  Therefore  Praying  that  upon  the  said  Select  Mens  Ap- 
probation, the  Court  of  General  Sessions  of  the.  Peace  for  the  said 
County  of  Essex  may  be  impowered  at  their  next  Term  to  grant  a 
Journal,  p.  68.    Lj^g^Qg  ^q  some  fit  Person,  to  be  an  Innholder  in  said  Town  of  Lyn 

Eead  & 

Ordered  that  the  Court  of  General  Sessions  of  the  peace  for  the 
County  of  Essex  at  their  Next  Term  be  Allowed  &  Impowered  to 
Licence  Some  suitable  person  to  be  an  Inholder  in  the  Town  of 
Lynn  (being  approbated  by  the  Selectmen  of  S*^  Town)  the  time 
for  granting  of  licences  being  Elapsed  notwithstanding.  [Passed 
Octoher  26.' 


CHAPTER    75. 


Legislative 
Records  of  the 
Council,  XX., 
290.    Mass. 
Archives,  xix., 
198. 

Mass. 

Archives,  xix., 
198.    House 
Journal,  pp.  58, 
62.    Province 
Laws,  ii.,  151, 
chap.  10. 


VOTE  IMPOWERING  THO*  FOSTER,  ESQ,  ADM^,  TO   SELL  AN  ESTATE. 

A  Petition  of  Tho*  Foster  Esq'  Administrator  of  the  Estate  of 
Jonathan  Briant  late  of  Plymouth  dec*^  shewing  that  the  said  Estate 
is  Insolvent,  and  for  as  much  as  it  will  be  a  long  time  before  the 
Superiour  Court  will  sit  in  the  County  of  Plymouth,  Praying  that 
this  Court  would  impower  the  Petitioner  to  sell  the  Keal  Estate  of 
the  said  Jonathan  Briant  for  Payment  of  the  Debts. 

Read  & 

Voted  that  the  prayer  of  the  petition  be  granted  and  the  peti- 
tioner is  hereby  impowered  to  make  Sale  of  the  real  Estate  of  the  S'' 
Jonathan  Briant  Dec*^  for  the  purpose  within  mentioned  &  to  Exe- 
cute a  Good  Deed  or  Deeds  of  the  same  he  Attending  the  rules  of 

1  Sic. 

2  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  October  29.  , 


[1st  Sess.]     Province  Laws  {Resolves^  etc.),  — 1754-55.  197 

the  Law  relating  to  the  Sale  of  such  Estates  &  to  Account  with  the 
Judge  of  Probate  for  the  County  of  plymouth  as  to  his  proceeding 
herein.     [Passed  October  36.^ 


CHAPTEE    76. 

ORDER    IMPOWERING    WILLIAM    MANNING    &    ENOCH   KIDDER,  GUAR- 
DIANS, TO  SELL  LAND. 

A  Petition  of  "William  Manning  &  Enoch  Kidder,  Guardians  to  Legislative 
Thomas  &  Elijah  Danforth,  Children  of  Thomas  Danforth  late  of  councirxx*?^ 
Billerica  dec*^  shewing  that  the  Judge  of  Probate  for  the  County  291.  Mass.  " 
of  Middlesex  is  disposed  to  settle  ujDon  the  said  Minors,  the  whole  ist?  ^^^•^^•* 
of  the  Dower  of  their  late  Grand-Mother,  Eebecca  Foster  dec*^  in  Mas! 
Case  payment  may  be  made  of  the  Shares  of  the  other  Heirs,  out  ^6*^^hou8^^^'' 
of  the  Estate  of  the  said  Minors,  Therefore  Praying  that  the  Peti-  Journal,  pp.  73, 
tioners  may  be  impowered  to  sell  so  much  of  the  Out  Lands  of  the  LAw8,'u!^m? 
said  Minors,  and  Part  of  said  Thirds  as  may  enable  them  to  pay  *^^^p-  ^^• 
the  other  Shares; 

Read  & 

Ordered  that  the  Prayer  of  the  Petition  be  granted,  and  the  Peti- 
tioners in  their  said  Capacity  are  hereby  allowed  &  impowered  to 
make  Sale  of  so  much  of  the  Out  Lands,  and  of  the  Thirds  within 
mentioned  as  shall  be  sufficient  for  the  Purpose  mentioned  in  the 
Petition,  and  to  execute  in  due  Form  of  Law  a  Deed  or  Deeds  for 
Conveyance  thereof  to  such  Person  or  Persons  as  shall  give  most 
for  the  same  Provided  the  Pet"  before  such  Sale  be  made, 

observe  the  Directions  of  the  Province  Law  relating  to  Executors 
or  Administrators  selling  Real  Estates,  &  give  sufficient  Security 
to  the  Judge  of  Probate  of  Wills  for  the  County  of  Middlesex,  that 
the  Produce  of  the  Premises  shall  be  disposed  of  agreable  to  Law. 
[Passed  October  26. ' 


CHAPTER    77. 

ORDER  IMPOWERING  JN^  GRATON  TO  RECOGNIZE   AS   AN    INNHOLDER. 

A  Petition  of  John  Grayton  of  Roxbury,  Inn  holder;  shewing  Legislative 
that  the  Petitioner  has  discharged  his  Duties  of  Excise  with  the  councif  xx*.^^ 
Farmer,  yet  thro  Forgetfulness  he  omitted  to  recognize  in  due  Sea-  2ss.  mjiss.  ' 
son  for  performing  the  Conditions  of  his  Licence;  and  therefore  316?  ^''^^'^^^■' 
Praying  that  he  may  have  Liberty  to  recognize.  House  Jour- 

Read  &  lai,  p.  69. 

Ordered  that  the  prayer  of  the  petition  be  granted  &  that  the 
Court  of  General  Sessions  of  the  peace  for  the  County  'of  Suffolk 
at  their  next  Sitting  be  Allowed  &  Imj)owered  to  take  proj)er  rec- 
ognizances of  the  Pef  Jn°  Graton  as  an  Inholder  in  the  town  of 
Roxbury  the  time  being  Elapsed  Notwithstanding.  [Passed  Octo- 
ber 29. 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  October  30. 


198 


Province  Laws  {Resolves,  etc.).  — 1754-55.     [Chaps.  78-80.] 


CHAPTER    78. 


ORDER  IMPOWERING  SARAH   RICHARDSON,  ADMINISTRATRIX,  TO    SELL 

AN   ESTATE. 


Legislative 
Records  of  the 
Council,  XX., 

288.    Mass. 
Archives,  xix., 

185. 

Mass. 

Archives,  xix., 
184.    House 
Journal,  pp.  63, 
71.    Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Sarah  Richardson,  Widow  of  Abiel  Richardson 
late  of  Peperil  Dec*^  and  Administrator  of  his  Estate,  shewing  that 
the  Personal  Estate  will  not  pay  the  Debts,  and  the  Real  Estate  is 
very  small,  and  divers  young  Children  left  by  the  Intestate,  There- 
fore Praying  that  the  Petitioner  may  have  Liberty  to  sell  the  Real 
Estate  for  Payment  of  the  Debts,  &  Support  of  herself  &  Children. 

Read  & 

Ordered  that  the  prayer  of  the  Petition  be  granted  and  that  the 
petitioner  be  &  hereby  is  impowered  to  make  sale  of  the  Lands  & 
Buildings  mentioned  in  the  Petition  to  such  person  or  persons  as 
shall  Appear  to  give  most  for  the  same  &  to  execute  a  good  &  suffi- 
cient Deed  or  Deeds  in  the  law  she  observing  the  rules  in  the  law 
for  the  sales  of  Intestate  estates  &  giving  proper  Caution  to  the 
Judge  of  Probates  for  the  County  of  Middlesex  to  pay  the  deceased 
just  Debts  &  the  remainder  to  the  guardian  of  the  Children  of  the 
Pet'  for  their  use.     \^Passed  October  29. 


Legislative 
Records  of  the 
Council,  XX., 
291.    Mass. 
Archives, 
xxxii.,  560. 

House  Jour- 
nal, p.  74. 


CHAPTER    79. 

ORDER    DIRECTING    THE    COMMISSARY    GENERAL    TO    ADVANCE    AND 
APPLY   £300  FOR  PRESENTS  TO  THE  IND^^, 

Ordered  that  the  sum  of  three  hundred  pounds  be  advanced  &. 
Apply 'd  by  the  Commissary  General  out  of  the  Truck  trade  as 
a  present  to  the  Penobscot  And  Norridgwalk  tribes  of  Indians. 
\^Passed  October  30. 


CHAPTER    80. 


Legislative 
Records  of  the 
Council,  XX., 
291.    Mass. 
Archives, 
xliv.,  6.S. 

House  Jour- 
nal, p.  75. 
Province 
Laws,  iii.,  64, 
chap.  32. 


ORDER  ADJOURN^  THE  COURTS  OF  HAMPSHIRE  COUNTY. 

Whereas  divers  of  the  Justices  of  the  Court  of  General  Sessions 
of  the  peace  &  Inferiour  Court  of  Common  pleas  wliich  by  Law  are 
to  be  held  at  Northampton  in  the  County  of  Hampshire  on  the  Second 
Tuesday  of  November  Next  are  Members  of  this  Court  and  the  im- 
portant Affairs  of  the  Province  require  their  Attendance  thereon 
Wherefore 

Ordered  that  the  Said  Courts  be  Adjourned  to  the  Second  Tues- 
day of  Fe^y  Next  and  that  all  matters  &  things  that  Might  have 
day  at  S'^  Courts  on  the  S''  Second  Tuesday  of  Novem''  Shall  be 
heard  &  tried  on  the  Said  Second  Tuesday  of  FeV^  And  that  all 
officers  &  other  persons  Concerned  in  Said  Courts  Conform  them- 
selves Accordingly.     \_Passed  October  SO. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  199 


CHAPTEE    81. 

ORDER  GRANTING  TO  JN'^  NOYES,  DAN^  TALBOT   &   ELEAZER    ROBINS 
LICENCES  TO  KEEP  INNS. 

A  Petition  of  John  Noyes,  Daniel  Talbot  &  Eleazer  Eobins,  Legislative 
Innholders  in  the  Town  of  Stoughton  within  the  County  of  Suf-  ^^^^^cn'xx!!"^ 
folk,  shewing  that  by  Reason  of  the  Court  of  General  Sessions  of  201.  Mass.  *_ 
the  Peace  xldjourning  sooner  than  the  Petitioners  exj)ected,  they  313.        *     *' 
elapsed  the  Time  for  renewing  their  Licences,  Praying  that  the  Mass. 
said  Court  of  General  Sessions  may  be  impowered  to  renew  their  li^^^House^'"' 
respective  Licences  at  their  next  Meeting.  Journal,  p.  73. 

Read  & 

Ordered  that  the  prayer  of  the  petition  be  granted  and  that  the 
Court  of  General  Sessions  of  the  peace  for  the  County  of  Suffolk 
at  the  time  to  which  the  S''  Court  Stands  Adjourned  be  impowered 
(if  they  see  fit)  to  grant  Licence  to  the  Petitioners  to  be  Inholders 
in  the  Town  of  Stoughton  they  first  Obtaining  the  Approbation  of 
the  Select  men  of  S'^  Town  the  time  for  granting  of  Licences  being 
elapsed  Notwithstanding.     IPassed  October  30. 


CHAPTEE    82. 

ORDER    GRANTING    TO    ALEXANDER   ROSS   LICENCE   TO  SELL  STRONG 

DRINK. 

A  Petition  of  Alexander  Ross  of  Falmouth  in  the  County  of  R®^**'i^'^^^ft|. 
York,  shewing  that  he  has  undertook  to  carry  on  the  Fishery  in  council, xx., 

said  Place,  and  therefore  Praying  that  the  Court  of  General  Ses-  -^ 

sions  of  the  Peace  for  the  said  County,  may  be  impowered  to  grant  House  Jour- 
him  a  Licence  for  retailing  strong  Drink.  na ,  p.  < 

Read  & 

Ordered  that  the  Prayer  of  the  Petition  be  granted,  and  that  the 
Court  of  General  Sessions  of  the  Peace  for  the  County  of  York  at 
their  next  Term,  be  impowered,  (if  they  see  fit)  to  Licence  the  Peti- 
tioner, to  be  a  Retailer  of  Spirituous  Liquors,  in  said  Town  of  Fal- 
mouth, He  first  obtaining  the  Approbation  of  the  Select  Men  of  said 
Town,  The  Time  for  granting  Licences  being  elapsed  notwithstand- 
ing.    \_Passed  October  SO. 


CHAPTEE    83. 

ORDER  GRANTING  TO   JOHN   CHAMPNEY  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  John  Champney  of  Dorchester,  Inn-holder,  shew-  Legislative 
ing  that  by  Mistake,  he  lost  the  Time  for  renewing  his  Licence,  Pray-  councff.xi!!^® 
ing  that  the  Court  of  General  Sessions  of  the  Peace  for  the  County  'H'^^lll^^^ 
of  Suffolk,  may  be  impowered  by  this  Court  to  renew  his  Licence ;  317.        '     '' 
at  their  next  Meeting,  House  Jour- 

Read  &  °^^>  p-  "'^^ 

Ordered  that  the  prayer  of  the  petition  be  granted  &  that  the 


200 


Province  Laws  {Besohes,  etc.).  — 1754-55.     [Chaps.  84-86.] 


Legislative 
Records  of  the 
Council,  XX., 
293.    Mass. 
Archives,  ciii., 
263. 

House  Jour- 
nal, p.  74. 


Court  of  General  Sessions  of  the  peace  for  the  County  of  Suffolk 
at  the  time  to  which  they  Stand  Adjourned  be  impowered  (if  they 
See  fit)  to  licence  the  petitioner  to  be  an  Inholder  in  the  Town  of 
Dorchester  he  Obtaining  the  Approbation  of  the  Selectmen  of  S*^ 
Town  the  time  for  granting  of  Licences  being  Elapsed  Notwith- 
standing.    \_Passecl  Octoler  SO. 


CHAPTEE    84. 

ORDER    DIRECTING    THE    PROVINCE    TREAS^*    TO    PROVIDE    STANDARD 
SCALES   &   TROY   WEIGHTS. 

Ordered  that  the  Province  Treasurer  provide  a  good  Beam  & 
Scales  &  a  Nest  of  Troy  weights  from  One  hundred  twenty  eight 
ounces  downward  to  the  least  denomination  marked  with  the  mark 
or  Stamp  Used  in  his  Majestie's  Exchequer  for  a  publick  Standard. 
{Passed  Octoler  SO. 


CHAPTER    85. 


ORDER    SETTING    OFF    SAMUEL    GREEN    AND    OTHERS    WITH    THEIR 
ESTATES  FROM  THE   SOUTH   TO   THE  NORTH  PARISH  IN  MALDEN. 


Legislative 
Records  of  the 
Council,  XX., 
125,  292.    Mass. 
Archives,  xiii., 
480. 

Legislative 
Records  of  the 
Council,  XX., 
193.    House 
Jotirnal, 
pp.  127,  128 
(December, 
1753);  p.  215 
(March,  1754) ; 
pp.  21,  22,  79. 


A  Petition  of  Samuel  Green  &  others  of  the  South  Parish  in 
Maiden  (Praying  for  Seasons  set  forth  in  their  Petition)  to  be  set 
off  with  their  Families  &  Estates  to  the  North  Parish  in  the  said 
Town 

The  Committee  to  whom  was  refer'd  the  Petition  of  M'  Samuel 
Green,  Ezra  Green  &  Benjamin  Hills  of  Maiden,  hav^  repaired  to 
said  Maiden,  viewed  the  Scituation  of  the  Petitioners,  &  heard  the 
Parties  are  of  Opinion,  that  the  Petitioners  with  their  Estates  be 
set  off  to  the  North  Parish  in  said  Maiden,  to  do  Duty  &  receive 
Priviledge  there;     Which  is  humbly  submitted, 

Joseph  Pynchon  per  Order, 

Eead  »&  Accepted  & 

Ordered  that  the  Petitioners  mentioned  in  the  Petition  with  their 
Estates  be  set  off  to  the  North  Parish  in  Maiden  to  do  Duty  &  receive 
Privilege  accordingly.     \Passed  October  SI. ^ 


CHAPTER    86. 


ORDER  OF  NOTICE   WITH   STAY   OF   EXECUTION    ON    THE    PETITION    OF 
JOSHUA    BRAND,  INDIAN,  TO   SET   ASIDE   A   JUDGMENT. 


Recordfouhe  ^  PETITION  of  Josliua  Brand  of  Natick,  Indian,  complaining 

Council,  XX.,  against  one  Nathaniel  Bullard  of  Worcester,  his  obtaining  a  Judg- 

Arch^es^,^'  ment  against  him  by  Default,  at  the  Inferiour  Court  of  Common 

xxxii.,  558.  pieas  for  the  County  of  Worcester  held  in  August,  altho  the  Peti- 

1  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  October  30. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  201 

tioner  was  never  legally  summoned  to  appear  at  said  Court,  Praying  Mass. 
that  the  Judgment  may  be  declared  ISTull  &  Void,  or  that  the  Peti-  xxxu^^ll'e. 
tioner  may  be  otherwise  releived.  naTp^  iT^^' 

Read  & 

Ordered,  That  the  Petitioner  serve  the  Adverse  Party  Nathaniel 
Bullard  with  a  Copy  of  this  Petition,  That  he  shew  cause  (if  Any 
he  have)  on  the  first  Tuesday  of  the  next  Sitting  of  this  Court, 
why  the  Prayer  of  the  s'^  Petition  should  [not  be]  '  granted ;  and 
that  Execution  be  staled  in  the  [mean  time].'     [^Passed  October  SI. 


CHAPTER    87. 


ORDER  ALLOWING  £4  AND  A  FURTHER  SUM  OF   £4  ANNUALLY  TO  PAT. 

BURN. 

A  Petition  of  Patrick  Burn  a  Soldier  wounded  in  the  Expedition  Legislative 
against  Cape  Breton,  shewing  that  the  Effects  of  his  Wounds  do  still  councif, xs:!f ^ 
remain  so  as  to  render  him  unable,  to  labour  for  his  Support,  Pray-  294    Mass.  ' 
ing  for  further  Relief.  ixxiv.,  247. 

[Read  &]  Mass. 

Ordered  That  the  Sum  of  Four  Pounds  be  allowed  &  paid  out  ^l^^^^^i-^ 
of  the  Publick  Treasury  to  the  Petitioner  Patrick  Burn  in  Consid-  House  Jour. 
eration  of  his  past  Sufferings  to  this  time.  And  that  he  be  further  province ' '  * 
allowed  the  Sum  of  Four  Pounds  Annually  till  farther  Order  of  ^ifa^fvo^^"'^^^' 
this  Court,  to  be  paid  into  the  hands  of  the  Overseers  of  the  Poor 
of  the  Town  of  Wenham.     {Passed  October  31. 


CHAPTER    88. 

ORDER   GRANTING    TO    HENRY  YOUNG   BROWN  LICENCE  TO    KEEP    AN 

INN. 

A  Petition  of  Henry  Young  Brown  of  Haverhill  in  the  County  Legislative 
of  Essex  setting  forth  that  he  is  well  accomodated  for  keeping  an  councif,  xx!f ^ 
Inn  in  the  said  Town,  and  therefore  Praying  that  this  Court  would  294    Mass. 

1  •  -1    A.rchivGS 

imjjower  the  Court  of  General  Sessions  of  the  Peace  for  the  said  ixxiv.,  253. 
County  to  licence  the  Petitioner  to  keep  an  Inn  in  said  Town  Mass. 
accordingly,  ^xfvjls. 

Read  &  House  Jour. 

Ordered  that  the  prayer  of  the  petition  be  so  far  granted  that  the  °^  '^^■'  ''  " 
Justices  of  the  Court  of  General  Session  of  the  peace  for  the  County 
of  Essex  at  their  Next  Term  be  impowered  (if  they  See  fit)  to  licence 
the  pef  to  keep  a  House  of  publick  entertainment  in  the  house  he 
now  dwells  provided  he  first  obtain  the  approbation  of  the  Select- 
men of  S"^  Town  the  time  for  granting  of  Licences  being  elapsed 
notwithstanding  provided  also  it  appear  to  the  Justices  of  S*^  Court 
that  Simeon  Brown  who  was  licensed  an  Inholder  in  S**  House  the 
last  Year  has  duly  paid  his  Excise  to  the  Farmer.    {Passed  October  31. 

*  Manuscript  mutilated. 


202 


Province  Laws  {Resolves,  etc.).  — 1754-55.     [Chaps.  89-91.] 


Legislative 
Records  of  the 
Council,  XX., 
294.    Mass. 
Archives,  xiii., 
591. 

House  Jour- 
nal, p.  79. 
Love's  Fast 
and  Thanks- 
giving Days 
of  New  Eng- 
land, p.  497. 


Legislative 
Records  of  the 
Council,  XX., 
295.    Mass. 
Archives, 
Iviii.,  413. 

Mass. 
Archives, 
Iviii.,  412. 
House  Jour- 
nal, pp.  77, 81, 
82.    Province 
Laws,  xiii.,  244, 
chap.  13. 


CHAPTER    89. 

VOTE    DESIRING    THE    GOVERNOR   TO    APPOINT    A    DAY    OF   THANKS- 
GIVING. 

In  Consideration  of  the  many  publick  blessing[s]  Couferred 
by  Almighty  God  upon  this  province  in  the  Course  of  the  year  past 
more  Especially  that  he  hath  been  pleased  to  bless  the  Earth  & 
make  it  fruitfull  which  Call  for  our  most  gratefull  Acknowledgments 

Voted  that  his  Excellency  the  Governour  be  desired  with  the  Ad- 
vice of  his  Maj^  Council  to  Appoint  a  Day  of  Publick  Thanksgiv- 
ing throughout  this  province  for  Celebrating  the  high  praises  of 
God  therefor  and  that  all  Servile  Labour  be  forbidden  on  S'^  Day.' 
\^Passed  November  1.* 


CHAPTER    90. 

VOTE  IMPOWERING  ELISHA  MASON    &    OTHERS    AS    AGENTS    OF    THE 
TOWN  OF  SWANZEY  TO  SELL  SCHOOL  LANDS. 

A  Petition  of  Elisha  Mason  &  otners  Agents  for  the  Town  of 
Swanzey  setting  forth-  that  in  the  Year  1743,  the  General  Court 
appointed  Perez  Bradford  Esq''  and  others  a  Committee  to  make 
Sale  of  the  School  Lands  belonging  to  the  said  Town;  which  Busi- 
ness they  did  not  perfect,  most  of  the  said  Committee  being  now 
dead,  and  therefore  Praying  that  the  Pet"  may  be  impowered  to 
sell  the  said  Lands,  the  Produce  thereof  to  be  kept  good  as  a  Fund 
or  Stock  for  the  Support  of  the  School  in  said  Town  by  the  Interest 
&  Yearly  Income  thereof; 

Eead  & 

Voted  that  the  pet°  be  so  far  granted  as  that  the  Pet"  Elisha 
Mason  Nicholas  Thomas  &  John  xlnthony  be  &  hereby  are  Author- 
ized &  Impowered  to  make  sale  of  the  School  Land  in  the  Township 
of  Swanzey  referred  to  in  the  petition  &  to  execute  a  good  &  Suffi- 
cient Deed  or  Deeds  in  the  Law  of  the  Same  and  the  money  arising 
by  the  Sale  of  S*^  Lands  be  by  the  Town  of  Swanzey  put  to  Interest 
and  the  Interest  thereof  be  Yearly  Apply 'd  towards  the  Maintaining 
the  School  in  S'^  Town  &  for  no  other  purpose  whatsoever.  \^Passed 
November  1. 


CHAPTER    91. 


Legislative 
Records  of  the 
Council,  XX., 

295.    Mass. 
Archives,  cxi., 
322. 

Mass. 

Archives,  cxi., 
321.    House 
Journal,  p.  82. 


ORDER  GRANTING  TO  EDM°  DIX  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Edmund  Dix  of  Chelsea  setting  forth  the  need 
of  a  Tavern  in  that  part  of  said  Town,  where  the  Fishery  is  carried 
on;  and  therefore  Praying  that  the  Court  of  General  Sessions  of  the 
Peace  for  the  County  of  Suffolk,  may  be  impowered  at  their  next 
Meeting  to  grant  him  Licence  for  a  Tavern  there, 

Eead  & 

Ordered  that  the  prayer  of  the  petition  be  so  far  granted  that 
the  Justices  of  the  Court  of  General  [Sessions]  '  of  the  peace  for 

'  The  Thanksgiving  was  appointed  for  November  28,  and  was  public. 
^  Inserted  from  Legislative  Records  of  the  Council,  xx.,  295. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  203 

the  County  of  Suffolk  be  impowered  (if  they  See  fit)  at  the  time  to 
which  they  Stand  Adjourned  to  Licence  the  pef  to  be  an  Inholder 
in  the  Town  of  Chelsea  he  obtaining  the  Approbation  of  the  Select- 
men of  S''  Town  the  time  for  granting  of  Licences  being  Elapsed 
Notwithstanding.     {^Passed  November  1. 


CHAPTEK    92. 

ORDER  OF  NOTICE    WITH  STAY  OF  EXECUTION   ON    THE    PETITION    OF 
JOHN  SHEPERD  FOR  A  NEW  TRIAL. 

A  Petition  of  John  Shepherd  of  Boston,  shewing  that  at  the  Legislative 
Superiour  Court  held  at  Salem  in  October  last,  Alexander  Watts  cmmcif,  xx*!;^^ 
recovered  Judgment  against  him  for  £3.3.4i/^  Damage  &  Costs,  '^^-jji^^*^*®- 
which  happened  by  Season  of  the  Petitioners  Attorney  M'  Kents  xiiv.,i7. ' 
being  absent  at  Halifax,  of  which  the  Petitioner  was  intirely  igno-  Mass. 
rant,  and  not  attending  the  Court,  Judgment  went  against  him  by  xiiy^iffig. 
Default;  and  therefore  Praying  that  he  may  have  an  other  Trial  at  ccciii'.,6s. 
said  Court,  &  Execution  stayed  in  the  mean  time.  nail*p!si.^' 

Kead  & 

Ordered  that  the  pef  Serve  the  Adverse  party  Alexander  Watts 
with  a  Copy  of  this  petition  that  he  Shew  Cause  (if  any  he  have ' 
on  the  first  Wednesday  of  the  Next  sitting  of  the  Court  why  the 
prayer  thereof  Should  not  be  granted  &  that  Execution  be  Staid  in 
the  meantime  provided  the  pef  give  Bond  with  sufficient  Sureties 
to  the  Sherriff  of  the  County  of  Suffolk  to  pay  what  the  S'*  Alex** 
Watts  may  finally  recover  against  him.     [^Passed  November  1. 


CHAPTEE    93. 

ORDER  IMPOWERING  ABIGAIL  SARTLE,  ADM^,   TO    SELL    REAL    ESTATE 
AND  MAKING  PROVISION  IN  REGARD  TO   THE  PROCEEDS. 

A  Petition  of  Abigal  Sartle,  Widow  of  Zechariah  Sartle,  late  Legislative 
of  G-roton  dec''  &  Administratrix  on  his  Estate,  shewing  that  the  councif  xix!!^ 
Eeal  Estate  is  small,  that  the  Personal  falls  much  short  of  Pay-  296.  Mass.  ' 
ment  of  his  Debts,  &  he  has  left  a  great  Family  of  Children  to  be  213.        •  -  -  •> 
supported;  and  therefore  Praying  to  be  impowered  by  this  Court  to  Mass. 
make  Sale  of  the  whole  Eeal  Estate  for  Payment  of  the  Debts  &c=^    .fi2?2ir  Holfse 
Read  and  Journal,  pp.  74, 

Ordered  That  the  Prayer  of  the  Petition  be  granted,  and  that  the  Laws,^n!^i5i? 
Petitioner  in  her  said  Capacity  be  and  hereby  is  impowered  with  the  '^^^^-  ^^• 
advice  and  Consent  of  Samuel  Tarbell  to  make  Sale  of  the  Land 
and  Buildings  mentioned  in  the  Petition  for  the  most  they  will  fetch 
to  such  person  or  persons  as  shall  ap]3ear  to  give  most  for  the  same 
and  to  execute  a  good  and  sufficient  Deed  or  Deeds  thereof  in  the 
Law,  first  Observing  the  Rules  in  the  Law  for  the  Sale  of  Intestates 
Estates,  and  giving  proper  Caution  to  the  Judge  of  Probate  for  the 
County  of  Middlesex  to  pay  the  Debts  mentioned  in  the  Petition  and 
that  two  thirds  of  what  Shall  remain  be  put  into  the  hands  of  her 
Children's  Guardians  for  their  Use;  and  that  the  Principal  of  the 
other  one  third  be  secured  for  the  use  of  her  Children,  or  their  law- 
full  Heirs  after  her  decease,  and  she  to  receive  the  Interest  of  the  said 
one  third  for  her  Right  of  Dower  during  Life.*    {Passed  November  1. 

*  Sic,  as  to  absence  of  parenthesis. 


204: 


Province  Laws  {Resolves,  etc.) .  — 1754-55.     [Chaps.  94-96.] 


CHAPTEK    94. 


Legislative 
Records  of  the 
Council,  XX., 
296.    Mass. 
Archives,  cxi., 
315. 

Mass. 

Archives,  cxi., 
314.    House 
Journal,  p.  80. 


ORDER  GRANTING  TO  SAM^  LETHBRIDGE    LICENCE  TO    KEEP   AN    INN. 

A  Petition  of  Samuel  Lethbridge  of  Wrentham,  Innholder,  shew- 
ing that,  by  Eeason  of  grievous  Sickness  in  his  Family,  he  has  been 
prevented  of  renewing  his  Licence  in  the  proper  Season,  Therefore, 
Praying  that  the  Court  of  General  Sessions  of  the  Peace  for  the 
County  of  Suffolk,  may  be  impowered  by  this  Court  at  their  next 
Meeting  to  renew  his  Licence. 

Read  & 

Ordered  that  the  jDrayer  of  the  Petition  be  so  far  granted  that  the 
Justices  of  the  Court  of  General  Sessions  of  the  peace  for  the  County 
of  Suffolk  at  the  time  to  which  they  stand  Adjourned  be  impowered 
(if  they  See  fit)  to  Licence  the  pet'  to  be  an  Inholder  in  the  Town 
of  "Wrentham  he  first  Obtaining  the  Approbation  of  the  Selectmen 
of  S*^  Town  the  Time  for  granting  of  Licences  being  Elapsed  Not- 
withstanding.    [Passed  November  1. 


Legislative 
Records  of  the 
Council,  XX., 
299.    Mass. 
Archives, 
Ixxiv.,  257. 

Mass. 
Archives, 
Ixxiv.,  257. 
House  Jour- 
nal, p.  80. 
Province 
Laws,  xiv.,  507, 
chap.  252. 


CHAPTEE    95. 

ORDER  IN  REGARD  TO  A  NEW  BOAT  FOR  CASTLE  WILLIAM  AND 
SUBSTITUTING  MR  JAMES  BOWDOIN  FOR  ISAAC  ROYALL,  ESQ,  ON 
THE  COMMITTEE  ON  REPAIRS. 

A  Memorial  of  John  Larrabee,  Lieutenant  of  his  Majesty's 
Castle  William,  setting  forth  that  the  Boat  belonging  to  the  said 
Castle,  called  the  Yawl,  is  so  much  out  of  Repair  that  it  will  not 
quit  Cost  to  mend  her,  therefore  Proposing  that  a  New  Boat  be 
built  of  the  same  Dimensions, 

Read  & 

Ordered  that  the  Committee  Appointed  for  the  Repairs  of  the 
Castle  take  this  Memorial  Under  Consideration  And  are  hereby 
Impowered  (if  they  Judge  it  necessary)  to  Cause  A  New  Yawl  to 
be  built  for  the  Use  of  the  Castle  And  that  M''  James  Bowdoin  be 
one  of  the  Committee  in  the  Room  of  Isaac  Royal  Esq^  [Passed 
November  1.^ 


CHAPTEE    96. 

ORDER  IMPOWERING  THE  ASSESSORS  OF  RUTLAND  DISTRICT  TO  ASSESS 
A  TAX  OF   Va   PENNY  PER  ACRE  ON  LAND  FOR  THREE   YEARS. 


Legislative 
Records  of  the 
Council,  XX., 
252,  299.    Mass. 
Archives,  xiii., 
511. 

Mass. 

Archives,  xiii., 
507-510.  Legis- 
lative Records 
of  the  Council, 
XX.,  287. 


A  Petition  of  the  Inhabitants  of  Rutland  District,  setting  forth 
their  Difficulties  in  supporting  the  publick  Charges  of  the  said  Dis- 
trict without  the  Assistance  of  the  Non  Resident  Proprietors,  Pray- 
ing that  they  may  be  impowered  by  this  Court  to  lay  a  Tax  of  Three 
farthings  ^  Acre  per  Annum,  on  all  the  Lands  there  for  the  Space 
of  Five  Years,  for  defreying  the  Ministerial  &  other  publick  Charges 
there. 

The  Committee  on  the  Petition  of  John  Caldwell,  for  and  in  behalf 

1  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  the  date  is  November  2. 


[1st  Sess.]     Province  Laws  {Resolves^  etc.).  — 1754-55.  205 

of  the  District  of  Eutlaud,  Having  considered  the  said  Petition,  House  Jour- 
with  the  Answer  made  to  the  same,  and  heard  such  of  the  Parties  8*^' pro'vince 
as  were  pleased  to  attend ;  have  agreed  to  &  humbly  report  it  as  ^^^^'  "^•'  ^*^^' 
their  Opinion,  that  on  the  Treasurer  of  said  Districts  lodging  in  the 
Hands  of  the  Proprietors  Clerk  an  Account  of  the  Sums  collected 
on  the  Tax,  ordered  by  the  General  Court,  in  the  Year  1749,  with 
an  Account  how  &  in  what  Manner  the  same  has  been  expended, 
the  Assessors  of  the  District  of  Eutland  should  be  impowered  to 
assess  the  Proprietors  Lands  in  said  District,  and  all  other  Lands 
in  the  same,  excepting  those  granted  to  the  Minister  or  Ministry, 
at  the  Eate  of  an  half  penny  per  Standard  Acre,  for  the  three  Years 
next  ensuing ;  the  Sum  arising  thereby  to  be  employed  for  the  finish- 
ing the  Meeting  House,  maintaining  a  Minister,  clearing  of  Eoads, 
or  other  publick  Services ;  and  that  the  Collectors  for  the  Time  being, 
be  impowered  agreeable  to  the  Law,  to  collect  the  same,  and  pay  it 
unto  the  Treasurer  of  the  said  District,  who  shall  be  appointed  to 
receive  the  same;  Which  is  Submitted, 

In  the  Name  &  by  Order  of  the  Com'"''  Benj^  Lyxde, 

Eead  and  Accepted  & 

Ordered  that  the  Assessors  of  the  said  District  be  and  hereby  are 
impowered  to  assess  the  said  Lands  at  the  Eate  of  one  half  penny 
per  Standard  Acre  for  three  Years  next  ensuing,  and  the  Collectors 
to  collect  &  pay  in  the  same,  and  that  the  Sum  arising  thereby  be 
disposed  of  accordingly.     \Pa88ed  November  2. 


CHAPTER    97. 

ORDER  ALLOWING   £11.  10.  7  TO   THO«  LAWRENCE. 

A  Petition  of  Thomas  Lawrence,  shewing  that  besides  his  Ser-  Legislative 
vice  as- a  Lieutenant  in  the  late  March  upon  Kennebeck  Eiver  he  councif.xx!*^^ 
assisted  in  erecting  &  building  Fort  Halifax,  in  which  Service  he  3oo.  Mass. 

•  ArcniVG^ 

lamed  himself  much  and  thereupon  fell  into  a  Fever,  Praying  that  ixxiv.,  -js's. 
the  Expence  of  his  Illness  may  be  allowed  him  out  of  the  publick  Mass. 
Treasury,  t^^^. 

Eead  &  Legislative 

Ordered  that  the  Sum  of  Eleven  pounds  ten  shillings  &  seven  councif,  xx., 
pence  be  Allowed  &  paid  out  of  the  publick  Treasury  to  the  Peti-  j^uma?^^^ 
tioner  Thomas  Lawrence  in  full  discharge  of  his  Ace'  of  Expences  pp-  t9,  se. 
Mentioned  in  the  petition.      {^Passed  November  2. 


CHAPTER    98. 

ORDER   OF    NOTICE    REFERRING    THE   PETITION    OF    THE    SELECT    MEN 
OF    DUNSTABLE  IN  REGARD  TO  MINISTERIAL  AFFAIRS. 

A  Petition  of  Ebenezer  Sherwin,  Abraham  Kendall  &  Ebenezer  Legislative 
Kendall  Select  Men  of  the  Town  of  Dunstable  in  behalf  of  said  councirxx.f 
Town,  shewing  that  in  Conformity  to  the  Order  of  the  General  ^^chwes^^' 
Court  in  the  Year  1753,  they  have  chosen  a  Committee  to  effect  cxvi.,  696'. 
the  Building  a  Meeting  House,  and  have  raised  &  assess'd  a  Sum  Mass. 

Archives, 


206 


Province  Laws  {Resolves^  etc.).  — 1754-55.     [Chap.  99.] 


cxvi.,  694-696, 
698.    Legisla- 
tive Kecords 
of  the  Council, 
XX.,  20.    House 
Journal, 
pp.  138,  139 
(April,  1753) ; 
pp.  67,  86. 
Ante,  p.  10, 
chap.  7;  p.  184, 
chap.  38. 


of  Money  for  that  Purpose,  as  also  for  the  Support  of  the  Ministry, 
&  done  other  Things  necessary  in  that  Affair,  but  it  so  happens  that 
for  want  of  observing  the  exact  Forms  of  Law  in  their  Proceeding, 
they  meet  with  great  Difficulty  &  Obstruction  from  some  of  the  Li- 
habitants,  and  therefore  Praying  that  this  Court  would  establish  their 
Proceedings,  or  otherwise  releive  them. 

Read  & 

Ordered  that  the  Whole  affairs  mentioned  in  this  pet°  and  the 
pef^  of  Eleaz""  Tyng  &  others  be  referred  to  the  Second  Tuesday  of 
the  Next  Sitting  of  this  Court  And  that  the  Selectmen  within  men- 
tioned Serve  the  Town  of  Dunstable  with  a  Copy  of  this  Petition 
that  they  shew  Cause  (if  any  they  have)  on  S**  Second  Tuesday  why 
the  prayer  of  the  Petition  Should  not  be  granted  And  that  the  Clerk 
of  the  S*^  Town  Return  to  this  Court  An  Exact  Account  of  the  Dif- 
ferent Numbers  on  the  Question  for  making  Answer  to  the -Petition 
and  what  part  of  them  were  of  the  persons  formerly  belonging  to 
Nottingham  And  the  Moderator  that  may  be  Appointed  is  hereby 
required  to  assist  Said  Clerk  in  Collecting  the  Votes  as  Afores^. 
\_Passed  November  2. 


CHAPTER    99. 


RESOLVE    AND    ORDER   IN    REGARD   TO    APPORTIONING  THE    PAY 
DIVERS    REPRESENTATIVES. 


OF 


Legislative 
Records  oi  the 
Council,  XX., 
302.    Mass. 
Archives, 
xlix.,  405. 

House  Jour- 
nal, pp.84, 85. 
Province 
Laws,  iii.,  818, 
note. 


Whereas  in  the  Tax  Act  made  and  passed  in  June  last  The 
Whole  pay  of  the  Representative  for  the  Town  of  Groton  the  Dis- 
tricts of  Shirley  and  Pepperrel  was  Set  upon  s*^  Groton  and  Also 
the  Avhole  pay  of  the  Representative  of  the  Town  of  Northampton 
and  District  of  Southampton  was  Set  on  Northampton  only  Whereas 
the  s*^  Districts  by  Law  are  Oblidged  to  pay  y*^  Same  proportions  of 
y""  respective  representatives  pay  as  the  sums  of  s*^  Districts  Prov- 
ince Tax  is  to  y^  sum  of  the  Tax  set  on  s''  Towns 

Therefore 

Resolved  and 

Ordered  That  The  Province  Treasurer  Immediately  Issue  his  War- 
rants again  to  the  assessors  of  the  Towns  of  Groton  &  Northamp- 
ton and  to  all  y®  Aboves*^  Districts,  requiring  the  assessors  of  s'^  Shirley 
and  Pepperrel  to  assess  on  y^  respective  Districts  afores*^  y''  respective 
&  lawful  proportions  of  the  sum  total  of  their  Representative's  pay 
for  y*^  last  year  and  also  the  assessors  of  Southampton  to  assess  on 
s"^  Southampton  y'  lawfull  proportion  with  Northampton  of  the  jjay 
of  their  Representative  for  y®  last  year  And  the  Assessors  of  the  s*^ 
Town  of  Groton  and  NorthamiDton  to  assess  y'  respective  Towns  in 
y*"  respective  sums  that  Shall  remain  after  the  proportions  of  y^  repec- 
tive  Districts  that  are  Joined  with  them  are  Substracted  Anything 
Contained  in  the  Warrants  already  Issued  by  s^  Treasurer  to  the 
af ores''  assessors  to  the  Contrary  Notwithstanding  The  Lawfull  pro- 
portions of  the  pay  of  the  Representative  of  s'^  Groton  and  the  s*^ 
Districts  Joined  with  It  for  the  last  year  are  as  follows  viz 


Total 


£23 :     0 : 


("Groton's 
0  \  Shirley's 
( Peperrel's 


£15:  15:     3:     3 
2:    3:  11:    0 

5:     0:     9:     1 


The  Lawfull  Parts  and  proportions  of  the  pay  of  the  Representa- 


[1st  Sess.]     Province  Laws  (i?eso?ves,  e^c).  — 1754-55.  207 

tive  of  Xorthampton  &  Southampton  for  y^  last  year  is  as  follows 
viz 

„  ^  ,  Poi       A       n  (  Northampton         .         .         .     £25 :  19 :     2 :     2 

Total   .        .        .     £31:     4:     0  |  Southampton        .         .         .       £5 :     4:     9:    2 

To  which  rates  and  proportions  s**  Treasurer  is  required  to  Con- 
form his  Warrants  afores'^.     [Passed  November  5. 


CHAPTER    100. 

ORDER  OF  NOTICE  WITH  STAY  OF  EXECUTION   ON    THE    PETITION    OF 
MARQT  ELIOT  FOR  A  NEW  TRIAL  OF  AN  ACTION. 

A  Petition  of  Margaret  Elliot  of  Holiston,  shewing  that  by  Legislative 
Eeason  of  Hurt  received  by  a  Fall  from  her  Horse,  she  was  pre-  councif,  xx!!'^ 
vented  from  attending  at  the  Court  held  at  Concord  in  August  ^^^j^j^^^^^-  ' 
1753,  to  defend  an  Action  commenced  against  her  by  Nathaniel  xiiY.,i48.' 
Sheffield,  which  Action  went  against  her  by  Default;  praying  that  Mass. 
she  may  have  a  new  Trial  thereof,  &  therein  be  allowed  to  bring  ^^^^^^^illliig. 
her  Account  against  the  said  Sheffields  Account,  i&  Execution  be  House  Jour- 

nfit  T)  9 

staid  in  the  mean  time. 

Read  & 

Ordered  that  the  Petitioner  serve  the  adverse  Party  Xathaniel 
Sheffield  with  a  Copy  of  this  Petition,  that  he  shew  Cause,  (if  any 
he  have)  on  the  first  Fryday  of  the  next  Sitting  of  this  Court  why 
the  Prayer  thereof  should  not  be  granted,  &  that  Execution  be  staid 
in  the  mean  time.     {Passed  November  5. 


CHAPTER    101. 

VOTE   ACCEPTING   THE   REPORT   OF   THE   COMMITTEE    APPOINTED    TO 
SELL  PROycE  LAND   BETWEEN  NORTHAMPTON  AND  PONTOOSUCK. 

The  Committee  appointed  by  the  Great  &  General  Court  the  Legislative 
9*^  of  January  1754,  for  selling  Eight  hundred  Acres  of  the  Prov-  councff,xx!f^ 
ince  Land  lying  on  the  Road  leading  from  Northampton  to  Pon-  303.  Mass. 
toosuck  in  two  equal  Allotments  to  such  as  will  give  most  for  the  xivi.,  371.' 
same,  on  Conditions  for  building  Houses,  bringing  to  Lands  &c^  House  Jour- 
After  giving  publick  Notice  of  the  Time  &  Place  of  Sale  attended  ^^/;/;,*\'o2 
said  Service  at  Springfield  in  August  1754,  &  have  sold  the  same  chap!  240. 
at  publick  Vendue  to  the  highest  Bidder,  viz'  To  Mess"  Oliver  Pat- 
ridge,  David  Ingersol  John  Ashley  Esq"  &  M""  Moses  Graves  for  two 
shillings  &  ten  pence  per  Acre,  and  have  taken  Bonds  for  the  ful- 
fillment of  the  Conditions,  and  for  the  Payment  of  the  Money  to 
the  Province  Treasury,  &  returned  them  to  him,  excepting  Three 
Pounds,  which  was  paid  down,  &  disposed  of  as  follows,  viz*  To 
the  Committee  for  their  Time  &  Expences  Thirty  six  shillings,  & 
to  Oliver  Patridge  Esq'  in  part  of  the  Fifty  shillings  granted  him 
by  the  Court  for  the  surveying  &  returning  a  Plan  of  said  Lands 
twenty  four  shillings. 

In  the  Name  &  by  Order  of  the  Committee, 

Elea:  Porter. 

Read  &  Accepted.     {Passed  November  5. 


208 


Province  Laws  {Resolves,  etc. ) .  — 1754-55.  [Chaps.  102-104.] 


Legislative 
Records  of  the 
Council,  XX., 
303.    Mass. 
Archives,  xix., 
191. 

Mass. 

Archives,  xix., 
190,192.   House 
Journal,  pp.  65, 
8S,  89.    Prov- 
ince Laws,  ii., 
151,  chap.  10. 


CHAPTEK    102. 

ORDER  IMPOWERING  ABIEL  STEVENS,  ADM^  TO   SELL    REAL    ESTATE 
AND  MAKING  PROVISION  IN  REGARD  TO  THE   PROCEEDS. 

A  Petition  of  Abiel  Stevens  Administrator  of  the  Estate  of  his 
Brother  David  Stevens  late  of  Andover  dec*^  shewing  that  the  Per- 
sonal Estate  is  insufficient  to  pay  the  Debts,  and  the  real  Estate 
very  small  &  not  capable  of  a  Division,  and  therefore  Praying  that 
he  may  be  impowered  to  sell  the  whole  of  the  said  Estate,  for  the 
Payment  of  the  Debts  &c^ 

Eead  & 

Ordered  that  the  prayer  of  the  petition  be  granted  and  that  the 
petitioner  in  S^  Capacity  be  &  hereby  is  impowered  to  make  Sale 
of  the  real  Estate  mentioned  in  the  pet°  to  such  person  or  persons 
as  will  give  most  for  the  same  and  to  Execute  a  good  Deed  or  Deeds 
of  Conveyance  thereof  he  giving  publick  notice  of  the  time  &  place 
of  Sale  Agreeable  to  the  directions  of  the  Law  on  the  Sale  of  In- 
testate Estates  by  Administrators  he  giving  Caution  to  the  Judge 
of  Probates  for  the  County  of  Essex  that  the  Overplus  Arising  b 
S*^  Sale  (after  the  Just  Debts  of  the  Dec''  are  paid)  be  Secured 
imi^roved  to  the  Advantage  of  S'^  Deceaseds  Children.  \^Passed 
November  5. 


CHAPTER    103. 


Legislative 
Records  of  the 
Council,  XX., 
30-2.    Mass. 
Archives, 
cxvi.,  636. 

Mass. 
Archives, 
cxvi.,  635. 
House  Jour- 
nal,pp.25, 81, 
93.    Province 
Laws,  xii.,  252, 
chap.  288;  xiv., 
705,  chap.  184. 


VOTE    ALLOWING    JOHN    HILL,  ESQ»,   &    OTHERS,    FURTHER    TIME    TO 
COMPLETE   SETTLEMENT  OF  A  TOWNSHIP. 

A  Petition  of  John  Hill  Esq''  &  others  in  behalf  of  the  Pro- 
prietors of  a  Township  near  North  Yarmouth  granted  to  Jonathan 
Powers  &c*  setting  forth  the  unavoidable  Difficulties  they  have  met 
with  in  settling  the  said  Township  within  the  Time  limitted  in  their 
Grant,  And  therefore  Praying  for  some  further  Indulgence  in  that 
Eespect, 

Eead  & 

Voted  that  the  pet"  &  Others  in  whose  behalf  they  petition  be 
Allowed  a  further  time  not  exceeding  one  year  to  compleat  the  set- 
tlement of  the  Township  in  the  petition  the  order  of  this  Court  in 
April  1753  Notwithstanding.     [Passed  November  6.^ 


CHAPTER    104. 


Legislative 
Records  of  the 
Council,  XX., 
304.    Mass. 
Archives, 
cxvi.,  425. 

Mass. 
Archives, 
cxvi.,  424. 


ORDER  ACCEPTING  THE    REPORT    OF    THE    COMMITTEE    ON    THE    PET** 
OF  DIVERS  INHABTs  OF  FALL  TOWN. 

Eepoet  of  THE  Committee  on  the  Petition  of  sundry  Inhab'* 
of  Fall  Town.  "We  the  Subscribers  together  with  the  Hon^^® 

Eleazer  Porter  Esq"  being  appointed  a  Committee  by  the  Great  & 
General  Court  at  their  Session  January  4.  1754,  to  consider  the 
Petition  of  sundry  of  the  Inhabitants  of  Fall  Town,  On  the  20* 
day  of  August  1754,  met  with  a  Committee  of  said  Proprietors 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  November  5. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  209 

and  took  under  Consideration  the  several  Matters  therein  contained ;  Legislative 
and  beg  leave  to  report  as  follows,  counc'if.xx*!'^ 

That  the  present  Treasurer  of  said  Fall  Town  Proprietors,  Ebenezer  j^o^rnai'  ^°4^^ 
Shelden  jun'  or  such  other  Person  as  said  Proprietors  may  appoint  be  Province^" 
fully  authorized  &  impowered  to  require  all  the  Collectors  that  have  dfa^^iiiVx^ii. 
heretofore  been  chosen  by  said  Proprietors  (and  have  not  fully  ac-  ^^jfj^*'}'-.^^- 
counted  &  paid  in  the  several  Assessments  to  them  committed  to  chap'.  169. ' 
collect)  forthwith  to  account  &  pay  in  the  same  to  the  said  Treas- 
urer, or  such  other  Person  as  may  be  appointed  as  aforesaid ;  and 
in  Case  any  such  Neglect  or  Refuse  to  prosecute  such  Person  or 
Persons  in  due  Form  of  Law  for  the  Recovery  thereof,  and  partic- 
ularly an  Assessment  of  Twenty  two  Pounds  old  Tenor,  each  Right. 

And  that  said  Proprietors  be  fully  impowered  to  raise  &  levy  such 
Taxes  on  said  Proprietors  as  they  shall  judge  necessary  for  providing 
Preaching  for  said  Proprietors,  untill  they  shall  settle  a  Minister, 
and  that  the  said  Proprietors  be  impowered  &  authorized  at  a  Meet- 
ing warned  for  that  Purpose,  to  call  some  suitable  Person  to  settle 
in  the  Ministry  in  said  Township,  and  grant  him  suitable  Encour- 
agement therefor;  And  also  for  raising  &  levying  such  other  Taxes 
from  time  to  time  as  said  Proprietors  may  judge  necessary  for  carry- 
ing on  of  the  Affairs  of  said  Township ;  and  that  all  Taxes  that  shall 
be  raised  by  the  said  Proprietors  untill  the  further  Order  of  the  Gen- 
eral Court,  be  raised  in  Manner  following,  viz*  Upon  the  several 
Allotments  of  Land  laid  out  to  said  Proprietors  in  the  first  Grant 
of  said  Township,  together  with  Fayrweathers  Farm,  So  called,  con- 
taining Five  hundred  Acres  and  also  upon  the  two  Rights,  granted 
to  the  two  Proprietors,  admitted  when  the  additional  Grant  was 
made,  which  is  called  the  Gore,  together  also  with  such  other  Lots, 
as  may  hereafter  be  laid  out,  either  in  the  Original  Grant  or  the 
Gore,  and  upon  them  so  soon  as  they  are  laid  out  upon  all  the  said 
Lands,  each  Acre  an  equal  Part,  saving  only  the  Ministry  &  School 
Lots,  &  the  Lands  formerly  in  said  Original  Grants,  &  now  cut  off 
by  the  New  Hampshire  Line,  not  to  be  accounted  to  belong  to  said 
Lots  or  taxed;  And  the  Committee  further  report  that  upon  Ex- 
amination they  find  that  the  Conditions  of  Settlement  have  been 
performed  upon  the  following  Lots  or  Rights  in  said  Township  viz*^ 
N°  1.  2,  4.  5.  G.  8.  9.  10.  11.  13.  16.  18.  22.  23.  25.  27.  29.  31.  33. 
35.  37.  47,  50.  62.  67.  70.  81.  89.  In  the  whole  twenty  eight:  And 
having  examined  the  Proprietors  Records,  and  their  various  Votes 
respecting  the  Settlement  of  said  Township,  are  of  Opinion,  that 
the  Proprietors  of  the  following  Rights  be  enjoined  to  make  Settle- 
ment upon  the  same  forthwith;  viz'  N°  3.  12.  14.  15.  17.  19.  21.  24. 
30.  32.  36.  39.  40.  41.  42.  43.  45.  46.  48.  49.  55.  61.  69.  71.  76.  80. 
82.  87.  88.  92.  98.  100;  and  in  Case  of  Failure  they  be  disposed  of 
as  the  Court  shall  order;  And  the  Comm*'^®  are  further  of  Opinion 
that  inasmuch  as  Sixty  Proprietors  only  were  obliged  by  Act  of  the 
Court,  to  settle  in  said  Township ;  and  it  appearing  by  the  said  Pro- 
prietors Votes,  that  they  have  agreed  that  the  Sixty  Proprietors  who 
shall  actually  perform  the  Conditions  of  Settlement  shall  receive  out 
of  their  Treasury,  each  Twenty  two  Pounds  Old  Tenor,  the  Com- 
mittee judge  it  reasonable  they  receive  the  same  accordingly.  All 
which  is  humbly  Submitted 

Per  Oliver  Patridge. 
Elijah  Williams. 

Read  and 

Ordered  that  this  Report  be  Accepted.     \^Passed  Novemher  6. 


210 


Province  Laws  {Resolves,  etc.).  — 1754-55.  [Chaps.  105-107.] 


Legislative 
Records  of  the 
Couucil,  XX., 
305.    Mass. 
Archives, 
cxvi.,  728. 

Mass. 
Archives, 
cxvi.,  '-21. 
House  Jour- 
nal, p.  141 
(April,  1753) ; 
pp.  84,  93. 
Province 
Laws,  xii.,  391, 
chap.  70;  xiv., 
705,  chap.  184. 


CHAPTEE    105. 

VOTE   GRANTING  NATHi-  ALLEN  FURTHER  TIME  FOR  THE  SETTLEMENT 

OF  A  TOWNSHIP. 

A  Petition  of  Nathaniel  Allen  for  himself  &  others,  Grantees 
of  a  new  Township  on  the  Eastern  Frontiers,  shewing  that  the  said 
Grantees  have  been  at  great  Cost  &  Labour  to  bring  forward  the 
Settlement  of  the  said  Town,  commonly  called  New  Glocester,  ac- 
cording to  the  Conditions  of  their  Grant,  but  have  been  greatly 
obstructed  by  the  Hostillities  &  Threats  of  the  Indians,  Therefore 
Praying  for  some  further  Time  to  be  allowed  to  perform  the  Con- 
ditions of  said  Grant, 

Eead  & 

Voted  that  the  pet^  &  others  in  whose  behalf  he  petitioneth  be 
Allowed  a  further  time  not  Exceeding  one  Year  from  this  time  to 
Compleat  the  Settlement  of  the  toAvnship  mentioned  in  the  pet" 
the  Order  of  this  Court  in  April  1753  Notwithstanding.  [Passed 
November  6. 


CHAPTEE    106. 


ORDER  GRANTING  TO   JOHN  WHITE  LICENCE   TO   KEEP  AN  INN. 


Legislative 
Records  of  the 
Council,  XX., 
305.    Mass. 
Archives,  cxi., 
323. 

Mass. 

Archives,  cxi., 
323.    House 
Journal,  p.  95. 


A  Petition  of  John  White  of  Wenham,  shewing  that  the  Select 
Men  of  Beverly  have  signified  their  Approbation  of  his  Keeping 
Tavern  in  the  said  Town,  in  a  House  formerly  improved  for  that 
Business,  Praying  that  the  Court  of  General  Sessions  of  the  Peace 
for  the  County  of  Essex,  may  be  impowered  to  grant  the  Pef  a 
Licence  at  their  next  Term : 

Read  & 

Ordered  that  the  prayer  of  the  pet°  be  so  far  granted  as  that  the 
Justices  of  the  Court  of  General  sessions  of  the  peace  for  the  County 
of  Essex  at  their  Next  term  are  impowered  (if  they  think  fit)  to 
Licence  the  petitioner  to  Keep  a  house  of  publick  Entertainment 
in  the  Town  of  Beverly  in  the  House  where  Ebenezer  Ellenhood ' 
now  keeps  a  Tavern  provided  the  pef  Obtain  the  Approbation  of 
the  select  men  of  the  Town  of  Beverly  the  time  for  granting  of 
Licences  being  elapsed  Notwithstanding.     [Passed  November  6. 


CHAPTEE    107 


Legislative 
Records  of  the 
Council,  XX., 
306.    Mass. 
Archives,  xix.. 


Mass. 

ArchiTes,  xix., 
224.    House 
Journal,  p.  94. 


ORDER    IMPOWERING    JOSEPH     LYNDE,    GUARDIAN,    TO     SELL     REAL 
ESTATE   AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Joseph  Lynde;  Guardian  of  Thomas  Tuft,  a  Per- 
son Non  Compos  Mentis,  shewing  that  the  Petitioner  has  been 
obliged  to  sell  divers  Peices  of  the  said  Tho'  Tuft's  Land  for  his 
Support;  and  for  as  much  as  the  selling  of  the  said  Lands  in  little 
Parcells,  would  be  very  detrimental  to  the  said  Thomas's  Interest, 
and  his  Bretheren  having  express'd  their  Willingness  to  have  the 
whole  of  his  Land  sold  &  turned  into  Money  &  the  Interest  applied 

1  Both  copies  of  Legislative  Records  of  the  Council  read,  "EUenwood." 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  211 

for  his  Suj^port,  Praying  that  this  Court  would  impower  the  Peti-  £aw8°^®  ^g^ 
tioiier  to  sell  the  said  Lands  accordingly.  ciiap.'io.'* 

Read,  & 

Ordered  that  the  Prayer  of  this  Petition  be  granted,  &  that  the 
Petitioner  (in  his  said  Capacity  as  Guardian)  be  &  he  is  hereby 
authorized  &  impower'd  to  make  Sale  of  the  Real  Estate  of  the 
said  non  compos  Person  yet  remaining  unsold,  &  to  execute  a  good 
&  sufficient  Deed  or  Deeds  of  Conveyance  thereof  to  such  Person 
or  Persons  as  shall  give  most  for  the  same :  previous  publick  notice 
being  given  of  the  intended  sale  in  manner  as  by  Law  is  prescribed 
touching  the  sale  of  Real  Estates  by  Executors  or  Administrators: 
The  Proceeds  of  such  sale  to  be  applyed  as  need  may  require  for 
the  Support  of  the  Non  compos  Person,  &  for  discharging  his  just 
Debts;  and  so  much  thereof  as  may  be  to  be  put  out  at  Interest  for 
his  Benefit:  Provided  due  Caution  be  first  given  to  the  Judge 

of  Probate  for  the  County  of  middlesex  that  the  said  Proceeds  be 
duly  applyed  &  improv'd  as  aforesaid  &  that  said  Guardian  be  ac- 
countable to  the  said  Judge  for  his  Proceedings  in  the  Premises. 
[^Passed  November  6. 


CHAPTER    108. 

ORDER  IMPOWERING  MARGARET  GROSS,  ADM-^,  TO   SELL    AN    ESTATE 
AND  MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Abigail '  Gross  Administratrix  of  the  Estate  of  Rlforlfg^of^tiie 
Obadiah  Gross  late  of  Hingham  dec*^  shewing  that  the  Personal  council,  xx., 
Estate  is  insufficient  to  pay  the  Debts,  and  the  Real  Estate  very  Archives! xix.,. 

small.  Praying  that  she  may  be  impowered  to  sell  the  whole  of  the  '2± , 

Real  Estate,  saving  the  Widows  Use  therein,  she  to  be  accountable  Mass. 

n         ,^  .  Archives,  xix., 

tor  the  rest.  226.    House 

Ppor]   X'  Journal,  pp.  78, 

^^^*-^  ^  97.    Province 

Ordered  that  the  pef  in  her  Capacity  be  &  hereby  is  fully.  Author-  Laws,  ii.,  151, 
ized  &  Impowered  to  make  Sale  of  the  buildings  &  Land  mentioned  ^  ^^' 
in  the  petition  for  the  Most  the  Same  will  Fetch  &  to  make  &  exe- 
cute a  good  Deed  or  Deeds  of  the  Same  She  Observing  the  direc- 
tions of  the  Law  Respecting  the  sale  of  Real  Estates  provided  also 
she  give  sufficient  Caution  to  the  Judge  of  Probate  for  the  County 
of  Suffolk  that  the  overplus  money  Arising  by  S'^  Sale  (after  the 
Just  debts  owing  from  S'^  Estate  are  paid)  be  distributed  to  &  among 
the  Children  &  Legal  representatives  of  her  late  Husband  Obadiah 
Gross  Dec'^  According  to  Law  two  thirds  thereof  Upon  the  settle- 
ment of  S''  Estate  &  the  other  third  at  her  Decease.  \^Passed 
Novemher  7.*  , 


CHAPTER    109. 

RESOLVE    CONSTRUING    AN    ORDER    IMPOWERING    BENJ^'    PORTER    TO 

COLLECT  TAXES. 

Whereas  The  Gen'  Court  In  June  1750  Upon  the  Pet°  of  the  Legislative 
ReV^  M--  John  Rogers  ordered  &  Impowered  M^  Ben,f  Porter  to  Col-  councu,  xx*.^^ 
lect  an  Assessment  Referr'd  to  in  s"^  Pet°  And  in  6ct°  Then  Next  307.  Mass.  ' 

'  Mass.  Archives,  six.,  226.  reads,  "Margaret." 

-  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  November  6. 


212 


Province  Laws  {Resolves,  etc.).  — 1754-55.  [Chaps.  110,  111.] 


Archives, xiii.,  Following  further  Explained  The  s"^  Orders,  But  Some  Doubt  has 
Arisen  and  may  arise  Whether  The  s*^  Order  Included  a  Power  to 
y®  s''  Porter  to  make  Distress  on  the  Goods  or  Chatties  of  Any  per- 
son or  persons  named  In  s*^  assessment  Upon  their  Neglect  or  Re- 
fusal to  pay  The  Sum  or  Sums  They  are  assesed  Therein 

Resolved  That  s'^  Power  was  by  s*^  Orders  Intended  to  be  Given 
to  s*^  Porter  And  That  It  ought  so  to  be  Understood  &  Construed. 
November  7. 


Mass. 

Archives,  xiii., 
516.    House 
Journal,  p.  97. 
Province 
Laws,  xiv.,  425, 
chap.  4-2;  486, 
Chap.  200. 


CHAPTER    110. 


Legislative 
Records  of  the 
Council,  XX., 
308. 

House  Jour- 
nal, pp.  93,  95. 


ORDER  ALLOWING  THE  ACCOUNT  OF  JOSEPH  RICHARDS,  ESQ^. 

A  Memorial  of  Joseph  Richards  Esq""  Physician  (with  an  Account 
of  Medicines  &  Attendance  on  the  Sick  &  Wounded  among  the  Pun- 
capaug  Indians),  Praying  that  this  Court  would  give  Order  for  the 
Discharge  of  the  said  Accompt; 

Read  & 

Ordered  that  the  Petitioner  be  allowed  the  Sum  of  Eight  Pounds 
six  shillings  out  of  the  Money  belonging  to  the  Puncapaug  Indians, 
in  the  hands  of  Col°  Samuel  Miller  in  full  Discharge  of  the  Account 
mentioned  in  the  Petition.     \^Passed  November  7. 


CHAPTER    111. 

ORDER  IMPOWERING  HANNAH  WHITON,  ADM^,  TO  SELL  HER  PORTION 
OF  AN  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 


Legislative 
Records  of  the 
Council,  XX., 
308.    Mass. 
Archives,  xix., 
189. 

Mass. 

Archives,  xix., 
188.    House 
Journal,  pp.  62, 
63,  95.    Prov- 
ince Laws,  ii., 
151,  chap.  10. 


A  Petition  of  Hannah  Whiton  Administ^  of  the  Estate  of  Jon- 
athan Whiton  late  of  Hingham  Dec*^  shewing  that  all  the  real  Estate 
of  the  said  Dec"^  has  been  already  sold  for  Payment  of  the  Debts, 
saving  the  Petitioners  Thirds;  and  for  as  much  as  there  are  Debts 
still  remaining  unpaid.  The  Petitioner  being  willing,  Praying  that 
she  may  be  enabled  by  this  Court  to  sell  the  Remainder  of  the  Real 
Estate  for  Payment  of  the  Debts  as  aforesaid. 

Read  & 

Ordered  that  the  prayer  of  the  petition  be  granted  &  that  th^ 
pef  in  her  Capacity  be  &  hereby  is  enabled  to  make  Sale  of  her 
thirds  of  the  premisses  mentioned  in  the  petition  to  such  person 
or  persons  as  shall  give  most  for  the  same  &  to  execute  a  good  & 
Sufficient  Deed  or  Deeds  in  the  Law  for  Conveying  the  Same  She 
Observing  the  directions  of  the  Law  for  the  Sale  of  Intestate  Estates 
&  giving  sufficent  Caution  to  the  Judge  of  Probates  for  the  County 
of  Suffolk  that  the  Overplus  Coming  by  Said  Sale  (if  any  be)  besides 
the  paying  the  Intestates  Just  debts  Shall  return  to  the  heirs  of  the 
S'^  Intestate  at  the  Decease  of  the  petitioner.     \^Passed  November  7. 


[1st  Sess.]     Province  Laws  {Resolves^  etc.).  — 1754-55.  213 


CHAPTER    112. 

ORDER  IMPOWERING  PHILLIP  GODFREY  KAST,  GUARDIAN,  TO  JOIN  IN 
THE  SALE  OF  AN  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO 
THE  PROCEEDS. 

A  Petition  of  John  Procter  &  others,  Heirs  &  Descendents  of  Rlfop^g^of^the 
Edw*^  Procter  late  of  Boston,  Taylor  Dec*^  shewing  that  they  are  council,  xx., 
jDOssess'd  of  a  Messuage  &  Land,  situate  in  the  Northern  Part  of  Archive8,\ix., 

Boston,   abutting  upon  Prince  Street,   which  cannot  be   divided  '^_^ 

among  all  the  Heirs,   nor  sold  without  the  Aid  of   this   Court,  Mass. 
therefore  Praying  that  Phillip  Godfrey  Kast,  Gviardian  to  his  Son  217.  House ' '' 
Thomas  Kast  (a  Minor  &  one  of  the  Heirs)  may  be  impowered  to  97°'^s°''*Prov^^' 
ioin  with  the  rest  of  the  Petitioners  in  the  Sale  of  said  House  &  i^ce  Laws,  u., 

i        T  151,  chap.  10; 

Land.  xiv.,  632, 

Eead  &  ^^^p-^- 

Ch'derecl  that  the  prayer  of  the  Petition  be  so  far  granted  that 
Philij)  Godfrid  Kast  one  of  the  petitioners  in  his  Capacity  of  Guar- 
dian to  his  Son  Thomas  Kast  be  &  hereby  is  enabled  &  impowered 
to  join  with  the  other  petitioners  in  the  Sale  of  the  premisses  within 
mentioned  the  S''  Philip  to  Observe  the  directions  in  the  Law  for 
the  Sale  of  Eeal  Estates  &  give  sufficient  Caution  to  the  Judge  of 
Probate  for  the  County  of  Suffolk  that  his  Sons  Shares  in  the  pro- 
ceeds of  Said  Sale  both  principal  &  Interest  be  paid  to  him  or  his 
Legal  Kepresentative  when  he  shall  arrive  at  twenty  one  Years  of 
Age  excepting  so  much  as  shall  be  Necessarily  expended  on  the 
Said  Thomas  Kast  in  his  Minority  &  be  Allowed  by  the  Judge  of 
Probate  for  Said  County.     \^Passed  November  7. 


CHAPTER    113. 

ORDER  IMPOWERING  JN^  CALEF  TO   ENTER  AN  APPEAL. 

A  Petition  of  John  Calif  of  Ipswich,  shewing  that  by  Eeason  Legislative 
of  his  being  at  the  Eastward  in  the  publick  Service,  &  his  Attorneys  councif  xx^*^* 
Mistake  he  lost  his  Time  for  prosecuting  his  Appeal  from  a  Decree  292.  Mass. .' 
of  the  Judge  of  Probate  for  the  County  of  Essex  pass'd  on  the  21L  *^  ^'      '' 
Accompts  of  the  Executors  of  his  Fathers  last  Will  &  Testament,  Mass. 
Praying  that  he  may  now  be  enabled  to  file  his  Reasons  of  Appeal,  ^g^^'^LegisIa'"' 
&  prosecute  his  Appeal  accordingly.  tive  Records  of 

Eead  together  with  the  Answer  of  Joseph  Calef  &  Sarah  Stani-  ^''x  .^ir*""' 
ford,  &  thereupon  ^a^Pi/S- 

Ordered  that  the  Pef  be  &  hereby  is  allowed  &  fully  impowered  Ante,  p".  us, 
to  file  his  Eeasons  of  Appeal  in  the  Eegister  of  Probates  Office  for  ^^*P"  ^^' 
the  County  of  Essex,  &  to  give  Bond  for  prosecuting  the  same  to 
Effect,  the  Time  limited  by  Law  being  elapsed  notwithstanding. 
Provided  the  said  Appeal  be  presented  for  an  Hearing  &  Determi- 
nation to  the  Gov'  &  Council  on  or  before  the  13'^  Instant  i&  not 
otherwise.     \^Passed  November  8. 


214 


Pkovince  Laws  {Resolves,  etc.).  — 1754-55.  [Chaps.  114-116.] 


CHAPTEE    114. 


ORDER  ALLOWING  £3  TO  JN"  HOOKER, 


Legislative 
Records  of  the 
Council,  XX., 
310.    Mass. 
Archives, 
Ixxiv.,  2i8. 

Mass. 
Archives, 
Ixxlv.,  248. 
House  Jour- 
nal, pp.  91, 100. 


A  Petition  of  John  Hooker  of  Fall  Town,  shewing  that  he  was 
a  Soldier  in  the  Expedition  against  Cape  Breton,  &  was  there  griev- 
ously burnt.  Praying  that  he  may  be  allowed  Wages  for  the  Time  he 
lay  ill  at  Boston. 

Eead  & 

Ordered  that  there  be  Allowed  &  paid  out  of  the  publick  Treas- 
ury the  Sum  of  Three  pounds  to  Oliver  Partridge  Esq'  &  by  him 
to  be  paid  to  the  pet"  John  Hooker  in  full  of  his  Service  &  suffer- 
ings mentioned  in  the  petition.     \^Passed  November  9. 


Legislative 
Records  of  the 
Council,  XX., 
310.    Mass. 
Archives,  xix., 
221. 

Mass. 

Archives,  xix., 
220.    House 
Journal,  pp.  76, 
99.    Province 
Laws,  ii.,  151, 
chap.  10. 


CHAPTEE    115. 

ORDER  IMPOWERING  JUDITH  RICHARDSON,  ADM^,  TO  SELL  AN  ESTATE. 

A  Petition  of  Judith  Eichardson  Administ^  of  the  Estate  of 
Josiah  Eichardson  of  Tewksbury  Dec'^,  Praying  for  Eeasons  par- 
ticularly mentioned  in  the  Petition  to  be  impowered  to  sell  twenty 
Acres  of  the  Deceased's  Land  lying  in  Tewksbury; 

Eead  & 

Ordered  that  the  prayer  of  the  petition  be  granted  &  that  the 
pef  in  her  Capacity  of  Administratrix  to  the  Estate  of  Josiah 
Eichardson  060*^  be  &  hereby  is  impowered  to.  make  Sale  of  the 
twenty  Acres  of  Land  (Mentioned  in  the  petition)  Lying  in  Tewks- 
bury to  Such  person  as  Shall  give  most  for  the  Same  she  to  be  Ac- 
countable to  the  Judge  of  Probate  for  the  County  of  Middlesex  for 
the  Overplus  coming  by  Said  Sale  (if  any  be)  besides  the  paying  for 
the  Said  two  Shares  which  She  hath  purchased  &  Conveyed  to  the 
heirs  of  the  Said  Josiah  Eichardson  Dec'^,     [Passed  November  9. 


Legislative 
Records  of  the 
Council,  XX., 
311.    Mass. 
Archives, 
Ixxiv.,  255. 

Mass. 
Archives, 
Ixxiv.,  254. 
Legislative 
Records  of  the 
Council,  XX., 
65, 1,52,  261. 
House  Jour- 
nal, pp.  89,  98. 
yinte,  p.  181, 
chap.30;p.  1S3, 
Chap.  36. 


CHAPTEE    116. 

ORDER  IMPOWERING  CAP^  ELISHA  CHAPIN  TO   MAKE  UP  HIS   MUSTER 

ROLL. 

A  Petition  of  Capt  Elisha  Chapin,  setting  forth  that,  by  reason 
of  the  late  Attack  of  the  Indians  upon  the  XVestern  Frontiers  the 
Garrison  at  Fort  Massachusetts  has,  %  His  Excellency's  Orders  been 
strengthned  with  new  Eecruits,  which  required  more  Officers  than 
before,  therefore  Praying  that  this  Court  would  order  an  Establish- 
ment of  the  said  Garrison,  that  the  Petitioner  may  have  a  Eule  for 
making  up  his  Muster  Eoll, 

[Eead  &] 

Ordered  that  the  prayer  of  the  petition  be  so  far  granted  that  the 
petitioner  be  Allowed  to  make  up  his  Eoll  with  the  like  Number  of 
Officers  as  are  Allowed  at  Georges  Fort  &  that  S*^  Officers  be  paid  at 
y^  Same  rate.     [Passed  November  0.' 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  November  11. 


[1st  Sess.]     Province  Laws  (Hesolves,  etc.).  —  1754-55.  215 


CHAPTER    117.  »ro^%he 

Council,  XX., 
312.    Mass. 
VOTE  IN  REGARD   TO   THE  PRESENTS  TO  THE  IND^^.  Archives, 

xxxli.,  566. 


Voted  that  his  Excellency  be  desired  to  order  the  whole  or  any  Archive^ 
part  of  the  Presents  intended  for  the  Penobscot  and  Norridgwalk  xxxii.,  565. 
Indians  to  be  delivered  or  the  delivery  thereof  to  be  suspended  ac-  nai"pp.  iw^os. 


Ante,  p.  198, 


cording  as  it  shall  appear  to  him  will  be  most  for  the  publick  Ser-  chap.  79 
vice.     [Passed  November  12. 


CHAPTER    118. 

VOTE   REQUESTING    THE   CAPTAIN  GENERAL  TO   ENLIST  OR  IMPRESS     Legislative 

RECRUITS   FOR   TACONICK    (FORT   HALIFAX).  Records  of  the 

^  ^  Council,  XX., 

312.    Mass. 

Voted  that  his  Excellency  the  Captain  General  be  desired  (as  soon  ^^^^^%'c^ 
as  may  be)  to  give  orders  that  Thirty  Effective  men  be  inlisted  or  ^    ^  )'.  \-   — 
impressed  in  order  to  reinforce  the  Garrison  at  Taconock  on  Kene-  Records  of' the 
beck  River.     \_Passed  November  12.  273"307.'' House 

Journal,  p.  104. 


CHAPTER    119. 

ORDER  IMPOWERING  MARY  BURLEIGH,  A  MINOR,  TO  EXECUTE  A  DEED. 

A  Petition  of  Mary  Burleigh  of.  Ipswich  a  Minor  of  Nineteen  Legislative 
Years  of  Age,  and  John  Crocker  her  Guardian,  shewing  the  great  coum'n  xx*"^^ 
Advantage  that  Avill  accrue  to  her  in  selling  her  Part  of  the  Farm,  2S2.  Mass.'' 
called  Howlets  Farm,  and  praying  for  Liberty  to  sell  the  said  Land  ^3^'^^^''®'  -'^'^•• 
accordingly;  ^^_ 

Read  and  Archives,  xix.. 

Ordered  that  this  Report  be  and  hereby  is  Accepted  and  the  tive  Records  of 
within  named  Mary,  on  her  Brother  Andrew's  paying  her  the  Sum  xx.,^312"*^'^' 
of  One  hundred  forty  six  P'^'  thirteen  shills^  &  i""  is  allowed  and  ^°"^®''t*?,"io- 
impowered  to  execute  to  him  a  Quit  Claim  of  her  Right  in  the  ^^'^^'    ' 
Estate  within  mentioned  and  that  the  said  Instrument  be  a  good 
Title  of  the  Premisses  to  the  said  Andrew  his  Heirs  and  Assigns 
forever.     [Passed  November  12. 


CHAPTER    120. 


ORDER  FOR  PROVID«  SNOW  SHOES    &    MOCCASINS    FOR    GARRISON    AT    Legislative 

TACONICK    (FORT   HALIFAX).  Records  of  the 


Council,  XX. 
312.    Mass. 


Ordered  that  the  Commissary  General  be  directed  to  provide  one  i^^x/v.^leV. 
hundred  pair  of  Snow  Shoes  &  as  many  pair  of  Mogasons  and  Lodge  gouge  j  „r 


the  Same  at  the  Garrison  at  Taconick  for  the  Use  of  the  Soldiers  nai,  p.  io4. 
that  may  be  from  time  to  time  posted  there.    [Passed  November  12.  f «^''«.  ci^ap- 


216 


Province  Laws  {^Resolves,  etc.).  — 1754-55.  [Chaps.  121-123.] 


Legislative 
Records  of  the 
CounciJ,xx., 
313.    Mass. 
Archives, 
cxvi.,  743. 

Mass. 
Archives, 
cxvi.,  741. 
House  Jour- 
nal, p.  141 
(April,  1753) ; 
pp.  84,  104. 
Province 
Laws,  xii.,  273, 
chap.  31;  xiv., 
705,  chap.  184. 


Legislative 
Records  of  the 
Council,  XX., 
313.    Mass. 
Archives, 
lxxiv.,231. 

Mass. 
Archives, 
Ixxiv.,  231. 
House  Jour- 
nal, pp.  83,  84, 
105. 


CHAPTER    121. 

VOTE    ALLOWING    FURTHER    TIME    TO    COMPLETE    THE    SETTLEMENT 
OF  GARDNER  CANADA  TOWNSHIP. 

A  Petition  of  Ebenezer  Peirpoint  &  Samuel  Stevens  a  Com- 
mittee of  the  Proprietors  of  a  new  Township,  commonly  called 
Gardner  Canada  Township  ^  setting  forth  the  Difficulties  they  have 
been  under  which  have  obstructed  the  Performance  of  the  Con- 
ditions of  the  Grant,  within  the  Time  limitted.  Praying  that  the 
Court  would  indulge  them  with  some  further  time. 

Eead  & 

Voted  that  the  pet"  &  other  proprieters  of  the  within  mentioned 
Townshij)  be  Allowed  a  further  time  Not  exceeding  one  Year  from 
this  date  to  compleat  the  Settlement  thereof  the  Order  of  this  Court 
in  April  1753  to  the  Contrary  Xotwithstanding.  [^Passed  Kovem- 
her  12. 


CHAPTER    122. 

ORDER  ALLOWING  £9.  L  4  TO  EBENEZER  WILKINS. 

A  Petition  of  Ebenezer  Wilkins  a  Soldier  in  the  late  Expedition 
upon  Kennebeck  Eiver,  Praying  that  he  may  be  allowed  out  of  the 
publick  Treasury,  the  Charges  of  his  Sickness  contracted  in  the  said 
Service, 

Eead  & 

Ordered  that  the  prayer  of  the  pet°  be  So  far  granted  as  that  the 
pef  be  Allowed  &  paid  out  of  the  publick  Treasury  the  Sum  of  Nine 
pounds  one  shilling  &  four  pence  in  full  for  his  Expences  &c.  \^Passed 
November  12. 


CHAPTER    123. 

ORDER  WITH  STAY  OF  EXECUTION  ON  THE  PETITION  OF  ANTHONY 
LONEY  IN  REGARD  TO  A  JUDGMENT. 


Legislative 
Records  of  the 
Council,  XX., 
286.    Mass. 
Archives, 
xliv.,  58. 

Mass. 
Archives, 
xliv.,  56. 
Legislative 
Records  of  the 
Council,  XX., 
314.    House 
Journal,  pp.  64, 
107. 


A  Petition  of  Anthoney  Loney  of  Ipswich,  shewing  that  he 
became  bound  to  Margaret  Perkins  for  the  Payment  of  £100,  bor- 
rowed of  her,  which  he  has  satisfied  by  Money  paid  and  Labour 
done  for  her,  that  the  said  Margaret  is  since  dead,  that  her  Exec- 
utor Benjamin  Dutch  not  acknowledging  the  said  Payments  has 
sued  the  Petitioner  upon  the  said  Bond,  &  recovered  Judgment 
against  him,  and  he  has  sued  the  said  Executor  upon  the  Articles, 
for  which  he  ought  to  have  Credit,  Therefore  Praying  that  Exe- 
cution against  the  Pef  may  be  stayed  untill  the  final  Issue  of  his 
Actions  against  the  said  Executor; 

Eead,  & 

Ordered  that  the  Prayer  of  this  Petition  be  so  far  granted,  as 
that  the  Execution  therein  mentioned  be  stayed,  untill  Judgment 
be  rendred  upon  the  Eeview  of  the  two  Actions  brought  by  the 
Petitioner  against  the  Executor  Benjamin  Dutch 

Provided  the  said  Petitioner  give  sufficient  Security  to  the  sheriff 

*  This  township  afterwards  became  Warwick,  Mass. 


[1st  Sess.J     Province  Laws  {Resolves^  etc.).  — 1754-55.  217 

of  the  County  of  Essex  to  pay  the  Sum  recover'd  against  him  by  the 
said  Executor  (togetlier  with  double  Interest  therefor)  untill  final 
Judgment  shall  be  rendred  on  the  actions  aforesaid:  said  Interest 
to  commence  from  the  time  when  he  recover'd  Judgment  against 
s'^  Executor  at  the  Superiour  Court  held  in  Salem  in  October  last. 
\_Passed  November  13, 


CHAPTER    124. 

ORDER  IMPOWERING  MARY  BELKNAP,  ADM^,  TO   SELL    REAL    ESTATE 
AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Mary  Belknap,  Widow  of  Abraham  Belknap  of  Rgford^of  the 
Natick  Dec"^  setting  forth  the  Disadvantages  his  Real  Estate  is  council,  xx., 
under;  &  that  it  would  be  much  for  the  Childrens  Benefit,  to  Archives.^xix., 

have  the  same  sold,  Therefore  praying  that  as  Administratrix  of  ^^ 

said  Estate  She  may  be  enabled  to  sell  said  Estate ;  Mass. 

-nil  Archives,  xix., 

Kead  and  194.  House 

Ordered  that  the  prayer  of  the  Petition  be  granted  &  that  the  lo^'e^rbvhice' 
Petitioner  in  her  Capacity  be  &  hereby  is  impowered  with  the  Laws,  11.,  151, 
Advice  &   Consent  of   the  Guardian  within  Mentioned  to   make  ^  ^^' 
Sale  of  the  Lands  &  buildings  Mentioned  in  this  Petition  for  the 
Most  they  will  fetch  to  siich  person  or  persons  as  shall  Appear  to 
purchase  the  Same  &  to  Execute  a  good  &  sufficient  Deed  or  Deeds 
thereof  in  the  Law  She  Observing  the  rules  of  the  Law  for  the 
Sales  of  Intestate  Estates  She  also  giving  projDer  Caution  to  the 
Judge  of  Probate  for  the  County  of  Middlesex  to  pay  the  Debts 
Mentioned  in  the  petition  And  two  thirds  of  what  Shall  remain  to 
be  put  into  the  Hands  of  the  Guardian  of  the  Children  within 
mentioned  for  their  Use  &  benefit  And  the  principal  of  the  other 
third  to  be  secured  for  S''  Children  or  their  Lawfull  heirs  after  the 
Decease  of  the  petitioner  &  She  to  receive  the  Interest  of  S*^  Third 
in  Lieu  of  her  Dower  during  her  life.     \_Passed  November  IS. 


CHAPTER    125. 

ORDER    IMPOWERING    EBENEZER    CONVERSE,   ADM»,   TO    SELL    REAL 

ESTATE. 

A  Petition  of  Ebenezer  Converse,  Administrator  of  the  Estate  Legislative 
of  James  Converse  late  of  Woburn  dec"^  shewing  that  there  are  con-  councif, xx!f ^ 
siderable  Debts  to  be  paid  out  of  the  Real  Estate;  and  that  it  would  sis.  Mass. 
be  most  for  the  Benefit  of  the  Heir,  (who  is  a  Minor)  to  have  the  200.        ' "  ' '' 
whole  sold,  Praying  for  Power  to  sell  the  said  Real  Estate  accord-  Mass. 

inrcltr  Archives,  xlx., 

^"S^J-  199,201.   House 

Read  &  Journal,  pp.  8-2, 

Ordered  that  the  prayer  of  the  petition  be  granted  And  that  the  Laws,^!!,  151, 
pef  in  his  Capacity  of  Administrator  be  &  hereby  is  impowered  to  ^^*p-  ^^• 
make  Sale  of  all  the  Real  Estate  that  James  Converse  within  men- 
tioned died  Seized  of  he  attending  the  directions  of  the  Law  resiject- 
ing  the  sale  of  Intestate  Estates  &  to  Execute  in  due  form  of  Law 
A  good  &  sufficient  Deed  or  Deeds  thereof  to  such  person  or  persons 
as  shall  give  most  for  the  same  he  giving  sufficient  Caution  to  the 


218 


Province  IjA^v^  {Resolves,  etc.).  — 1754-55.  [Chaps.  126, 127.] 


Judge  of  Probate  for  the  County  of  Middlesex  to  Account  for  the 
produce  of  the  premisses  &  dispose  of  the  Same  According  to  Law. 
\_Passed  November  13.' 


CHAPTER    126. 


Legislative 
Records  of  the 
Council,  XX., 
315.    Mass. 
Archives,  ciii., 
•259. 

Mass. 

Archives,  ciii., 
258.    House 
Journal, 
pp.  108,109. 
Ante,  p.  178, 
chap.  23. 


ORDER  ACCEPTING  THE  REPORT  OF  THE   COMMITTEE  APPOINTED  FOR 
BURNING  GOVERNM'^  SECURITIES,  PROVINCE  BILLS,  &c^. 

Boston  September  6,  1754;  Eeceived  of  M""  Treasurer  Gray- 

Five  hundred  &  thirty  one  Government  Securities,  redeemable  the 
twentieth  of  January  last;  Amounting  to  Five  Thousand  thirty  four 
Pounds  seven  shillings  &  ten  pence ;  The  Interest  thereon  Four  hun- 
dred &  forty  Pounds  three  shillings,  making  in  the  whole  Five  Thou- 
sand four  hundred  &  seventy  four  Pounds,  ten  Shillings  &  ten  pence ; 
Also  Government  Securities  redeemable  the  thirty  first  of  December 
1751,  Amounting  to  One  hundred  forty  six  Pounds,  fifteen  Shillings 
&  Six  pence ;  The  Interest  paid  thereon,  Twenty  eight  Pounds,  four- 
teen shillings  &  eight  pence;  making  in  the  whole  One  hundred 
seventy  five  Pounds,  ten  shillings  &  two  pence ;  Also,  Seven  Benefit 
Tickets  with  Interest,  Fifteen  Pounds  fifteen  Shillings ;  Also  Nine- 
teen hundred  &  fifty  nine  Pounds,  eleven  shillings  &  six  pence  in 
Old  Tenor  Bills,  and  Two  hundred  Forty  four  Pounds  twelve  Shil- 
lings in  Middle  Tenor  Bills,  and  Four  Thousand  five  hundred  & 
fifty  seven  Pounds,  nineteen  shillings  &  eight  pence  in  last  Emis- 
sion Money,  &  Forty  one  Pounds  nine  shillings  &  four  pence  in 
Lawful  Money  Bills,  amounts  to  Two  Thousand  eight  hundred 
sixty  four  Pounds  two  shillings  &  five  pence;  Which  we  have  seen 
burnt  &  consumed  to  Ashes, 

(Sign'd)        John  Osborne  per  Order. 

Eead  Accepted  & 

Ordered  that  M""  Treasurer  Gray  be  discharged  the  Several  Sums 
within  mentioned.     [^Passed  November  14. 


CHAPTEE    127. 


Legislative 
Records  of  the 
Council,  XX., 
316.    Mass. 
Archives, 
xxxii.,  564. 

Mass. 
Archives, 
xxxii.,  563. 
House  Jour- 
nal, pp.  101, 108. 
Ante,  p.  no, 
chap.  256. 


ORDER  IMPOWERING  SAM^-  MORSE,  GUARDIAN,  TO  SELL  LAND. 

A  Petition  of  Samuel  Morse,  Guardian  of  an  Indian  Child, 
belonging  to  Natick,  named  Sarah  Wabon,  shewing  that  he  has 
been  already  put  to  considerable  Charge  for  her  Support,  &  likely 
to  be  at  more.  Therefore  Praying  that  he  may  be  impowered  by 
this  Court  to  sell  so  much  of  the  said  Child's  Land  in  Natick,  as 
will  defray  the  Charge  of  her  Support; 

Eead  & 

Ordered  that  the  prayer  of  the  Petition  be  so  far  granted  that 
the  Pet'  be  &  hereby  is  fully  Impowered  in  s*^  Capacity  with  the 
Advice  &  Consent  of  the  Guardians  of  the  Natick  Indians  to  Sell 
so  much  of  the  Land  belonging  to  the  Indian  Child  within  men- 
tioned as  will  be  sufficient  to  discharge  the  Pef  his  expences  for 

1  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  November  15. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  219 

the  Support  of  S*^  Child  to  this  time  And  to  give  a  good  k  suffi- 
cient Deed  or  Deeds  of  the  Same  to  Such  person  or  persons  as  are 
the  purchasers.     [^Passed  November  14., 


CHAPTER    128.  SlKf.., 

Council,  XX., 

ORDER  ALLOWING  £2.  6.  9  TO  THE  TOWN  OF  BEVERLY.  Archives?" 

xlix.,  408.' 


It  appearing  by  a  Certificate  from  the  Province  Treasurer  that  Mass. 
the  Town  of  Beverly  are  overcharged  in  the  last  Tax  Act  for  their  xiix.,'Io7.' 
Representatives  pay  the  Sum  of  two  pounds  six  shillings  &  nine  naTrf  loT'^" 

pence  Province 

Ordered  that  the  s*^  Sum  be  paid  by  the  province  Treasurer  to  the  note.^'  "^''  ^^^* 
Treasurer  of  the  town  of  Beverly.      \^Passed  November  15.^ 


CHAPTEE    129. 

ORDER  GRANTING  LICENCES  TO   DIVERS    PERSONS    AS    INNHOLDERS    & 

RETAILERS. 

A  Petition  of  Mary  Bill,  Thomas  Child  &  Jonathan  Dwight  of  Legislative 
Boston,  John  Grayton  of  Roxbury,  Giles  Tidmarsh  of  Hull,  &  Daniel  councif,xx.,  ^ 
Hewes  of  Wrentham,  Persons  who  have  been  licenced  to  retail  strong  Archfves^^cxi. 
Drink  in  the  said  several  Towns,  shewing  that  thro  Mistake  they  3-20. 
omitted  renewing  their  Licences,  at  the  Court  of  General  Sessions  Mass. 
of  the  Peace  held  at  Boston,  in  July  last.  Praying  that  the  said  m^House^'"' 
Court  may  be  impowered  to  renew  their  several  Licences,  at  their  pp^go'^j^o 
next  Meeting. 

Read  & 

Ord&red  that  the  prayer  of  the  pef^  be  So  far  granted  that  the 
Justices  of  the  Court  of  General  sessions  of  the  peace  for  the  County 
of  Suffolk  be  impowered  (if  they  See  fit)  to  Licence  the  within  named 
Mary  &  Jonathan  Inholders  in  the  town  of  Boston  &  the  S^  Thomas 
a  retailer  in  S"^  Town  the  S*^  Giles  a  retailer  in  Hull  and  the  S''  Dau^ 
an  Inholder  in  Wrentham  they  severally  Obtaining  the  Approba- 
tion of  the  selectmen  of  the  towns  to  which  they  belong  the  time 
for  granting  of  Licences  being  elapsed  Notwithstanding.  \_Passed 
November  15. 


CHAPTEE    130. 

ORDER  ALLOWING   £6  TO  ELIPH.   CARY. 


A  Petition  of  Eliphalet  Cary  of  Bridgwater;  shewing  that  he  Legislative 
enlisted  as  a  Soldier  in  the  late  Expedition  upon  Kennebeck  River,  councif,  xx!^^ 
And  that  he  was  left  Sick  at  the  Castle,  Praying  that  the  Charges  sn.  Mass. 
of  a  Doctor  &  Nurse  in  his  said  Sickness  may  be  paid  out  of  the  ixxiv.,  261. 

publick  Treasury,  House  Jour- 

Read  &  nal.pp.84,109, 

Ordered  that  the  prayer  of  the  Petition  be  So  far  granted  as  that 

'  This  date  is  according  to  Mass.  Archives;   according  to  Legislative  Records  of  the 
Council  the  date  is  November  l-t. 


220 


Province  Laws  (i?eso/res,  e^c).  — 1754-55.  [Chaps.  131-133.] 


the  pef  be  Allowed  &  paid  out  of  the  Publick  Treasury  the  sum 
of  Six  pounds  Yiz  four  pounds  for  the  Docters  Bill  &  Two  pounds 
for  Nursing  &  other  Charges  mentioned  in  the  petition.  [Passed 
November  15. 


CHAPTEE    131. 


ORDER  ALLOWING  £3  ANNUALLY  TO  BENJ^  POMROY. 


Legislative 
Records  of  the 
Council,  XX., 
318.    Mass. 
Archives, 
Ixxiv.,  218. 

Mass. 
Archives, 
lxxiv.,218; 
Ixxvii.,  256. 
House  Jour- 
nal, pp.77,  111. 


A  Petition  of  Benjamin  Pomroy  a  Soldier  in  the  late  Expedition 
against  Cape  Breton,  Praying  to  be  allowed  a  Pension,  in  consider- 
ation of  his  Disability  by  means  of  Sickness  contracted,  during  his 
being  in  that  Service; 

Eead  & 

Ordered  that  the  prayer  of  the  pet°  be  so  far  granted  as  that  the 
petitioner  be  Allowed  &  paid  out  of  the  Publick  Treasury  the  Sum 
of  Three  pounds  Annually  during  the  pleasure  of  this  Court  the 
first  payment  to  be  made  to  Col  Pribble  &  by  him  to  be  paid  to  the 
petitioner.     [Passed  Novemler  15. 


Legislative 
Records  of  the 
Council,  XX., 
318.    Mass. 
Archives,  cxi., 
325. 

Mass. 

Archives,  cxi., 
324.    House 
Journal,  p.  110. 


CHAPTEE    132. 

ORDER  GRANTING  TO  ISRAEL  RICE  LICENCE   TO  KEEP  AN  INN. 

A  Petition  of  Israel  Eice  of  Sudbury,  shewing  that  he  lives  in 
a  very  commodious  Place  for  an  Inn  for  the  Benefit  of  Travellers, 
&  where  such  a  House  is  wanted.  Praying  that  the  Court  of  Gen- 
eral Sessions  of  the  Peace  for  the  County  of  Middlesex,  may  be 
impowered  to  grant  him  Licence  to  keep  an  Inn  or  Tavern  in  said 
House. 

Eead  & 

Ordered  that  the  prayer  of  the  petition  be  so  far  granted  as  that 
the  Justices  of  the  Court  of  General  sessions  of  the  peace  for  the 
County  of  Middlesex  at  their  Next  term  be  impowered  (if  they 
See  Cause)  to  Licence  the  pef  to  be  an  Inholder  in  the  town  of 
Sudbury  he  Obtaining  the  Approbation  of  the  selectmen  of  s'*  Town 
the  time  for  granting  of  Licences  being  Elapsed  Notwithstanding. 
[^Passed  November  15. 


CHAPTEE    133. 


ORDER  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE  ON  THE  AFFAIRS 
OF  THE  PUNCAPAUG  INDIANS. 


Legislative 
Records  of  the 
Council,  XX., 
319.    Mass. 
Archives, 
xxxii.,  570. 

Mass. 
Archives, 
xxxii.,  567-570. 
Legislative 
Records  of  the 
Council,  XX., 


Eeport  relating  to  the  late  Guardians  of  the  Puncapaug  Indians, 
viz*' 

The  Committee  to  whom  was  referr'd  the  Complaint  of  the  Pun- 
capaug Indians  against  CoP  Miller  &  Major  Shepherd,  Guardians  to 
said  Indians  together  with  the  Answer  of  said  Guardians,  and  also 
the  Petitions  of  said  Guai'dians,  after  the  Affair  had  been  heard 
before  the  General  Court  in  January  last.  Pursuant  to  the  Order  of 
the  Court  on  the  first  of  June  last,  having  repaired  to  the  Indian 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  221 

Lands  in  Stoughton,  said  to  be  tresspass'd  on,  heard  the  Parties,  and  i|g' 22!' ^nbl^se 
carefully  examined  the  Witnesses,  produced  by  them  beg  leave  to  Journal, 
report,  that  it  appeared  to  the  Committee,  that  very  great  Strip  &  ^Aiue^{y^\ml^^' 
Waste  of  Wood  &  Timber  had  been  made  on  said  Indians  Land,  p^^i^g'^^^L 
since  &  during  the  Time  of  Col°  Millers  &  Major  Shepherds  Guar-  247;  p.  r2o, ' 
dianship ;  That  part  of  said  Strip  &  Waste  was  made  by  the  Privity  ^^^'^'  "^''^" 
&  Connivance  of  one  of  the  Guardians,  viz*  Major  Shepherd;  That 
some  of  it  was  done  by  Major  Shepherd  himself  since  his  Appoint- 
ment as  Guardian  of  said  Indians, 

As  to  another  Part  of  the  Complaint  against  Major  Shepherd  for 
his  illegal  Proceedings  as  a  Justice  of  the  Peace,  against  Samuel 
Moho,  one  of  the  Puncapaug  Indians,  The  Committee  are  of  Opinion 
that  the  said  Proceedings  of  said  Justice  were  altogether  without 
Law,  It  appearing  that  the  said  Justice  made  &  entered  up  a  Judg- 
ment against  the  said  Samuel  in  favour  of  M""  Jordan  for  £4  old 
Tenor,  Neither  Jordan  the  Plaintiff,  nor  Samuel  the  Defendant, 
nor  either  of  their  Attorneys  being  present  at  the  Time  thereof; 
and  altho  the  Illegality  of  the  Proceeding  was  observed  to  Major 
Shepherd;  Upon  which  he  answered.  It  was  no  Matter  for  that, 
for  it  should  not  hurt  him,  meaning  the  said  Samuel  the  Defend* 
yet  the  said  Justice,  some  time  after,  viz*  when  the  said  Samuel 
with  his  Wife  &  an  other  of  the  Puncapaug  Indians  were  held  in 
Goal  in  Boston,  by  Virtue  of  a  Mittimus  from  M""  Justice  Hill, 
upon  an  Affray  betwixt  said  Indians  &  Major  Shepherd  (and  in 
which  the  Com*®®  are  humbly  of  Opinion  the  last  was  the  Aggressor), 
the  said  Major  Shepherd  issued  out  Execution  upon  the  Judgment, 
enter'd  up  as  aforesaid;  and  the  Committee  can't  but  particularly 
inform  that  while  the  said  Samuel  with  his  Wife  were  held  in  said 
Goal,  which  was  the  Space  of  a  Month,  (during  which  time  the 
above  said  Execution  was  served  upon  said  Samuel),  several  of  their 
Children  being  small,  two  of  them  were  intirely  unable  to  help  them- 
selves, one  of  them  about  Sixteen  Months,  the  other  2i/^  Years  old, 
were  left  in  a  lonely  Wigwam  where  they  must  unavoidably  have 
perished,  notwithstanding  any  Relief  afforded  by  Major  Shepherd 
one  of  their  Guardians, 

The  Committee  would  further  report  as  to  Col°  Miller  another 
of  the  Guardians  to  said  Indians,  that  it  appeared  that  said  Col° 
Miller  is  chargeable  with  Indolence  and  want  of  Care  in  trusting 
the  Interest  of  said  Indians  so  much  to  Major  Shepherd. 

And  Whereas  the  Affair  had  been  heard  by  a  former  Committee, 
&  by  the  General  Court,  Col°  Miller  &  Major  Shepherd  prefer'd  their 
Petitions  to  the  General  Court  in  April  last;  wherein  they  declared 
their  Innocence  as  to  most  of  the  Articles  exhibited  against  them, 
and  that  the  Witnesses  produced  against  them  on  the  Trial  were 
perfidious  Men,  not  regarding  an  Oath,  &c^  and  that  they  the  said 
Guardians  had  material  &  incontestible  Evidences  in  their  Favour, 
they  were  not  furnished  with  in  the  hearing  of  their  Cause,  and 
thereupon  the  General  Court  appointed,  viz*  in  June  last,  the  pres- 
ent Committee  to  review  &  reconsider  the  whole  Affair,  betwixt  the 
said  Guardians  &  the  said  Puncapaug  Indians;  The  Committee  beg 
leave  further  to  observe  that  in  order  to  discover  the  Truth,  they 
applied  their  utmost  Care  in  the  Hearing  &  Examining  the  Wit- 
nesses on  both  Sides,  and  it  appeared  that  several  of  the  Witnesses 
were  very  unwilling  to  declare  the  whole  of  what  they  knew  in  the 
Matter,  and  could  not  be  induced  to  speak  freely,  tho  the  Solemnity 
&  Obligation  of  an  Oath  were  press'd  upon  them ;  but  it  was  observ- 
able that  those  Witnesses  were  on  the  Part  of  Major  Shepherd,  and 


222  Province  Laws  (Besolves, etc.).  — 1754-55.     [Chap.  133.] 

that  they  held  back  that  Part  of  their  Testimony  only  which  made 
against  him;  and  another  Witness  informed  the  Committee,  that 
Endeavours  had  been  used  to  subborn  him  by  Major  Shepherd,  Who, 
among  other  Things  in  his  Testimony  aver'd  upon  Oath,  to  tlie  Com- 
mittee, Major  Shepherd  being  present,  "  That  the  said  Major  Shep- 
herd came  to  him  the  Deponent,  not  long  before  the  Committee  was 
there,  &  said  to  him,  for  Gods  Sake  stand  by  me,  or  I  am  undone, 
and  sign  a  Writing  that  he  was  faithful  and  that  he  had  dealt  hon- 
estly &  faithfully  as  a  Guardian,"  To  whom  the  Deponent  replied, 
"how  can  you  expect  I  will  befriend  you,  you  have  been  so  cruel 
to  me  &  made  me  give  a  Sixteen  Pound  Note,"  and  He  the  said 
Major  Shej^herd  said,  the  Sixteen  Pound  Note  shall  be  given  wp  to 
him,"  and  the  Deponent  further  saith  that  Major  Shepherd  added, 
"  But  you  must  keep  this  very  private,  you  must  not  tell  any  Body 
of  it;"  And  the  said  Witness  further  declareth,  "That  at  another 
Time,  viz*  the  Night  before  last  he  the  said  Major  Shepherd  said 
unto  me,  there  are  three  honourable  Gentlemen,  a  Committee  com- 
ing up,  you  must  be  as  sparing  as  you  can  in  your  Speaking  before 
them,  be  very  moderate  &  keep  back  what  you  can,  except  what's 
drawn  out  of  you,  and  tell  your  Sons  to  do  the  same;  "  Which  Cir- 
cumstances, how  surprizing  they  were  to  the  Committee,  and  how 
far  from  supporting  the  Facts  in  Major  Shepherds  Petition,  they 
need  not,  as  they  apprehend  observe. 

Upon  the  whole  the  Evidence  against  Major  Shepherd  is  no  Ways 
in  the  Opinion  of  the  Committee,  invalidated :     Wherefore, 

The  said  Committee  are  humbly  of  Opinion,  that  the  said  Major 
Shepherd  for  his  great  Unfaithfulness  &  Breach  of  Trust,  as  Guar- 
dian to  the  Puncapaug  Indians,  the  Illegality  &  Barbarity  of  his 
Proceedings  as  a  Justice  of  the  Peace,  against  some  of  them,  ought 
by  this  Court  to  be  mulcted  the  Sum  of  Eighty  Pounds,  immedi- 
ately to  be  paid  into  the  Province  Treasury,  and  be  rendered  nn- 
capable  for  the  future,  to  sustain  the  Trust  of  Guardian  to  said 
Indians,  or  any  other  Trust  or  Post  of  Honour  under  this  Governm* 
and  that  a  Bill  be  j^repared  accordingly. 

And  as  to  Col°  Miller,  Guardian  to  said  Indians,  the  Committee 
are  humbly  of  Opinion  that  for  his  Indolence  &  Negligence,  his 
Confession  and  humbling  himself  therefor,  and  herewith  exhibited 
may  place  him  in  Favour  again  with  the  General  Court, 

And  furthermore,  as  to  the  Accompts  of  Col°  Miller,  Major  Shep- 
herd and  Capt  Wlsswall  (Deceased)  as  Guardians  to  the  Puncapaug 
Indians,  The  Committee  are  of  Opinion;  they  be  allowed  as  they 
were  amended  by  a  former  Committee;  viz'  That  Col°  Miller  Esq' 
be  charged  with  £1.5.1  (the  Ballance  of  his  Accompt)  and  with  the 
several  Bonds,  and  Promisary  Notes  therein  mentioned;  and  that 
John  Shepherd  Esq''  stand  charged  with  £8.18.6  the  Ballance  of 
his  Accompt,  and  that  there  appears  due  to  the  Heirs  of  M""  Thomas 
Wiswall  dec"^  the  Sum  of  Three  Pounds  six  shillings  and  ten  pence 
half  peny,  the  Ballance  in  his  Favour. 

All  which  is  humbly  submitted,         Joseph  Pynchon  per  Ord' 

Eead  and 

Ordered  that  this  Report  be  Accepted  and  that  the  Committee 
be  directed  to  prepare  a  Bill  accordingly.'     {^Passed  November  16. 

^  No  bill  appears  to  have  been  found. 


[1st  Si>ss.]     Province  Laws  (Besolves,  etc.).  — 1754-55.  223 


CHAPTER    134. 

ORDER  DIRECTING  ASSESSORS  TO   SEND   LISTS  OF  NEGROE   SLAVES    TO 

THE   SECRETARY. 

Ordered  That  the  Assesors  of  the  several  Towns  &  Districts  within  Legislative 
this  Province  forthwith  Send  into  the  secretarys  Office  the  Exact  councn.xx"*^ 
Number  of  the  Nesrro  slaves  both  Males  and  females  sixteen  Years  323.  Mass. 


Old  &  upward  that  are  within  their  respective  towns  &  districts,  sso; 


Archives,  ix. 


[Passed  November  19.  House  Jour- 

nal, p.  119. 


CHAPTER    135. 

ORDER  GRANTING  TO   SARAH   FOX  LICENCE   TO   KEEP  AN  INN. 

A  Petition  of  Nathaniel  Eussell  Escf  in  behalf  of  Sarah  Fox  Legislative 
of  Littleton,  Praying  for  Keasons  particularly  mentioned  in  said  councif  xx!)^^ 
Petition,  that  the  Court  of  GJ-eneral  Sessions  of  the  Peace  for  the  323.  Mass. 

•  •  A.rciiivG8  CXI 

County  of  Middlesex,  may  be  impowered  at  their  next  Term  to  32s.        ' 
grant  the  said  Sarah  Fox  a  Licence  to  keep  an  Inn  or  Tavern  in  House  Jour- 
the  said  Town,  '^a''  p-  "9- 

Read  & 

Ordered  that  the  prayer  of  the  petition  be  so  far  granted  that  the 
Justices  of  the  Court  of  General  sessions  of  the  peace  for  the  County 
of  Middlesex  at  their  Next  term  be  impowered  (if  they  Judge  meet) 
to  Licence  the  S*^  Sarah  Fox  to  keep  a  house  of  publick  Entertain- . 
ment  in  the  town  of  Littleton  She  Obtaining  the  Approbation  of 
the  Select  men  of  Said  town  the  time  for  granting  of  licences  being 
Elapsed  Notwithstanding.      [Passed  November  19. 


CHAPTER    136. 

ORDER  ESTABLISHING  THE   PAY   OF    SOLDIERS    SENT    TO    THE    RELIEF 
OF  SHEFFIELD,  STOCKBRIDGE   AND  POONTOSUCK. 

A  Memorial  of  Israel  Ashley,  shewing  forth  that  he  together  Legislative 
with  Isaac  Colton,  were  sent  by  Col°  Worthington  with  a  Number  coimc^lf,  xx*!^^ 
of  Men  for  the  Relief  of  Stockbridge,  at  the  late  Allarm  there,  f^^,,>fff •  ' 
Praying  that  this  Court  would  appoint  an  Establishment  of  Wages  ixxiv.,264. 
for  the  Officers  &  Soldiers  in  that  Service;  Mass. 

■Dp„^    i^  Archives, 

^Saa   A,  lxxiv.,264,271. 

Ordered  that  the  prayer  of  the  Pet''  be  so  far  granted  as  that  two  Legislative 
Captains*  be  Allowed  four  shillings  ^  day  each  for  man  horse  &c  council, xx., 
two  Lieutenants  three  shillings  }p  day  &  the  Common  soldiers  Two  jo'irnai,^*'^^^ 
Shillings  ^  day  for  the  Companies  that  were  sent  out  for  the  relief  pp.  101,  iis. 
of  Sheffield  Stockbridge  &  poontosuck  in  the  late  Alarm  there. 
[Passed  November  19. 

^  The  House  Journal,  p.  118,  reads,  "Companies." 


224 


Province  Laws  (^Resolves ^  etc.).  — 1754-55.  [Chaps.  137-139.] 


CHAPTER    137. 


Legislative 
Records  of  the 
Council,  XX., 
325.    Mass. 
Archives,  xix., 
229. 


ORDER  EMPOWERING  ELIZABETH  NOYCE  TO  JOIN  IN    SALE    OF    LAND. 

A  Petition  of  Elisabeth  Noyce  one  of  the  Daughters  of  Hannah 

Bradford  of  Hiugham  dec*^  shewing  that  her  late  Mother  by  Will, 

left  her  Real  Estate  which  consists  among  other  Things  of  some  old 

Buildings  in  Boston,  and  a  Parcell  of  Wood  Land  in  Kingston,  to 

A^li-'       'ix    ^®  equally  divided  among  her  four  Daughters,  that  the  Petitioners 

228,230.  iiouse  three  Sisters  are  desirous  to  have  the  said  Buildings  &  Wood  Land 

pp!^ioi^,'ii8.       sold,  but  the  Petitioner  herself  is  restrained  from  joining  with  them, 

by  some  Words  in  the  Will,  Therefore  praying  that  this  Court  would 

impowerher  to  join  with  her  Sisters,  in  the  Sale  of  the  said  Estate. 

Read  & 

Ordered  that  the  prayer  of  the  Petition  be  granted  and  that  the 
Petitioner  be  &  hereby  is  Enable  [d]  &  Impowered  to  Join  with  her 
sisters  in  the  Sale  of  the  Houses  &  Lands  mentioned  in  the  peti- 
tion and  with  them  to  Execute  a  good  &  sufficient  Deed  or  Deeds 
thereof  She  first  giving  Caution  to  the  Judge  for  the  County  of 
Plymouth  &  the  Judge  of  Probate  for  the  County  of  Suffolk  that 
the  monies  arising  by  the  Sale  of  her  part  be  for  the  benefit  of  her 
Children  as  Mentioned  in  the  Will  of  her  late  Mother  M"  Hannah 
Bradford.     \_Passed  November  19. 


CHAPTER    138. 

ORDER  WITH  STAY  OF  EXECUTION  ON  THE  PET^  OF  THE  SELECT  MEN 
OF  LYN  IN  REGARD   TO   HIGHWAYS. 


Legislative 
Records  of  the 
Council,  XX., 
326.    Mass. 
Archives, 
exxi.,  311. 

Mass. 
Archives, 
cxxi.,  309. 
House  Jour- 
nal, pp.  112, 113. 


A  Petition  of  Benjamin  Newhall  in  behalf  of  the  Select  Men 
of  the  Town  of  Lyn,  shewing  that  the  said  Select  Men  were  pre- 
sented to  the  Court  of  General  Sessions  of  the  Peace  for  the  County 
of  Essex  for  the  Towns  not  repairing  their  High  ways,  and  Judg- 
ment went  against  them  by  Default ;  and  for  as  much  as  their  absence 
from  the  Court,  was  occasioned  by  the  Attorney  General's  declaring 
himself  satisfied  in  the  Case,  Praying  for  Relief  from  this  Court. 

Read  and 

Ordered  that  the  prayer  of  the  pet°  be  granted  &  that  the  Jus- 
tices of  the  Court  of  General  Sessions  of  the  peace  for  the  County 
of  Essex  at  their  Next  Term  be  impowered  to  Consider  the  present- 
ment within  mentioned  Anew  &  that  Execution  be  Stayed  Upon  the 
Judgm*  mentioned  in  the  mean  time.     ^Passed  November  19. 


CHAPTER    139. 


Legislative 
Records  of  the 
Council,  XX., 
310.    Mass. 
Archives, 
ccxlviii.,  107. 


ORDER  ALLOWING  THE  ACC^  OF  THE  TREAS»  OF  BRISTOL  COUNTY. 

An  Accompt  presented  by  M''  Robert  Lyscomb,  Treasurer  of  the 
County  of  Bristol  for  the  last  Year,  having  been  by  him  laid  before 
the  Court  of  General  Sessions  of  the  Peace  for  the  said  County  & 
by  them  allowed. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  225 

Read  &  it  Appearing  that  the  within  Accounts  are  Eight  cast  &  naTpp'^g^g' 
well  vouclied  &  that  there  is  a  Ballance  due  to  Robert  Lusconibe  the 
Treasurer,  of  two  pounds  seven  shillings  &  two  pence  one  farthing 
&  eight  fifteenths  of  a  farthing 

Ordered  that  there  be  Allowed  &  paid  out  of  the  County  *  Treas- 
ury of  the  County  of  Bristol  to  S"  Robert  Lusconibe  the  Said  Sum. 
\_Passed  November  19.^ 


CHAPTER    140. 

ORDER  ACCEPTING  THE   REPORT   OF  THE    COMMITTEE    FOR    SECURING 
THE  FRONTIER  TOWARDS  HUDSON'S  RIVER. 

The  Committee  appointed  to  consider  the  State  of  the  Frontiers  Legislative 
reported  their  Opinion,  That  a  Fort  be  built  about  half  way  from  coundf,  xx^.f ® 
Fort  Massachusetts  to  Hudsons  River,  in  the  most  convenient  Place  ^]i\^^^^^- 
for  the  Erecting  the  same;  And  that  a  small  Block  House  be  built  ixxiv.,27'2. 
at  new  Framingham,  &  that  lately  built  at  Pontoosuck  be  continued.  Legislative 
untill  further  Orders  be  given  respecting  the  same,  and  that  a  Com-  councif  xx!*^^ 
mittee  be  appointed  by  this  Court  to  view  the  Western  Frontier,  at  3ii.  House' 
Fall  Town,  Charlmount,"Colrain,  New  Framingham,  Pontoosuck,  pp^m^iio. 
Stockbridge  &  Sheffield;  The  said  Committee  to  provide  Materials  tol-yo'/pitts- 
&  Workmen  for  building  the  said  Fort,  &  Block  House;  The  Block-  field,  1734-isoo, 
house  at  New  Framingham  not  to  be  built,  unless  the  Committee  upon  ^^'" 
View  judge  it  necessary;  and  further  that  the  said  Committee  deter- 
mine what  shall  be  allowed  for  the  Garrison  at  Pontoosuck ;         And 
the  Com*®^  are  further  of  Opinion  that  a  Sum  not  exceeding  five  hun- 
dred &  thirty  Pounds  be  put  into  the  Hands  of  the  Committee  that 
may  be  appointed,  said  Sum  to  be  employed  in  building  said  Fort 
&  Block  House,  and  for  that  already  built  at  Pontoosuck,  and  the 
Repairs  of  the  Garrison  built  heretofore  by  the  Province  on  said 
Frontier,  and  such  further  Defence  there  as  they  may  Judge  abso- 
lutely necessary; 

(Signed)        Jacob  Wendell  per  Order, 

Read  & 

Ordered  that  the  foregoing  report  be  Accepted.     [Passed  Novem- 
ber  20.' 


CHAPTER    141. 

ORDER  ACCEPTING  THE   REPORT  OF  THE   COMMITTEE   IN    REGARD    TO 
THE  EASTERN  FRONTIERS. 

The  Committee  appointed  to  consider  &  report  on  the  State  of  R|ford"of  the 
the  Frontiers,  further  reported  their  Opinion,  that  a  Committee  be  Council, xx., 
appointed  by  this  Court  to  take  a  View  of  the  Eastern  Frontiers,  Archives,"' 
viz*  a  new  Town  above  Berwick,  Phillips  Town,  Saco  Truck  House,  ixxiv.,  273. 
Narraganset,  Gorham  Town,  Sabago,  New  Marblehead,   Saparapa,  ^jf"^®/io"'"i.2i 
Phillips  Town  Mills,  Brunswick  Fort,  &  Topsham ;  x\nd  that  there  SMpri'^cha'p. 
be  put  into  the  Hands  of  the  said  Comm*"  the  Sum  of  Four  hun-  ^*'^- 

'  The  word  "  County"  is  underlined  in  the  original. 

"^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  November  8. 

'  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  the  date  is  November  19. 


226 


Province  Laws  {Resolves,  etc.).  — 1754-55.  [Chaps.  142,  143.] 


dred  &  Seventy  Pounds,  &  by  them  to  be  improved  in  building  a 
Fort  at  the  Ten  Miles  Falls  on  Amerescoggin  Eiver  in  Lieu  of 
Brunswick  Fort,  and  for  repairing  the  several  Garrisons  in  the 
above  mentioned  Frontier,  &  for  strengthning  the  same  against 
the  common  Enemy, 

All  which  is  submitted ;  Per  Order  Jacob  Wendell. 

Eead  & 

Ordered  that  the  foregoing  report  be  Accepted.    \^Passed  Novem- 
her20.' 


Legislative 
Kecords  of  the 
Council,  XX., 
324.    Mass. 
Archives,  vi., 
167. 

House  Jour- 
nal, pp.  101, 120. 
Supra,  chap. 
141. 


CHAPTEE    142. 

ORDER  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE  ON  THE  FRONT« 
BETWEEN  CONNECT^  &  MERRIMACK  RIVERS. 

The  Committee  appointed  to  view  the  State  of  the  Frontiers 
further  reported  their  Opinion,  that  a  Committee  be  appointed  to 
view  the  Frontier  lying  between  Connecticut  &  Merrimack  Eivers ; 
viz*  Gardners  Canada  Township,  Royalshire,  Ipswich-Canada,  &  Dor- 
chester Canada ;  And  that  One  hundred  Pounds  be  put  into  the  Hands 
of  said  Committee,  and  by  them  to  be  improved  in  building  two  Block 
Houses,  and  repairing  the  Fortification  already  built  by  the  Province 
in  said  Township. 

Read  and 

Ordered  that  the  foregoing  Report  be  Accepted.  [Passed  Novem- 
ber 20.' 


CHAPTEE    143. 


ORDER  CONFIRMING  PROCEEDINGS  AT  THE  MEETINGS   OF   THE    FIRST 

PARISH  IN  WELLS. 


Legislative 
Records  of  the 
Council,  XX., 
327.    Mass. 
Archives,  cv., 
481. 

Mass.    . 
Archives,  cv., 
4*80.    House 
Journal, 
pp.  112, 124. 
Ante,  p.  169, 
chap.  3. 


A  Petition  of  John  Storer  Esq"'  &  others,  Freeholders  &  Inhabi- 
tants in  the  first  Parish  in  Welles,  shewing  that  since  their  being 
constituted  a  Parish,  they  have  not  strictly  observed  the  Law  of  the 
Province  for  holding  the  Annual  Meetings,  for  the  Election  of  Parish 
Officers  &c^  in  the  Month  of  March,  altho  they  have  otherwise  acted 
regularly  &  conformable  to  Law,  Praying  that  their  Proceedings  in 
said  Meetings  may  be  confirmed  by  an  Order  of  this  Court; 

Read  & 

Ordered  that  the  prayer  of  the  Petition  be  granted  and  that  all 
the  proceedings  of  the  first  Parish  in  the  town  of  Wells  at  their 
Past  Parish  Meetings  which  ought  to  have  been  held  in  the  months 
of  March  Annually  be  Established  &  Confirmed  to  all  intents  &  pur- 
poses as  if  they  had  been  held  in  S'^  Months  of  March  provided  they 
are  otherwise  Agreeable  to  Law.     [Passed  November  22."^ 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  November  19. 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  November  21. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  227 


CHAPTER    144. 

ORDER     IMPOWERING     ISAAC     NICHOLS,     EXECUTOR,    TO     SELL     REAL 
ESTATE  AND   MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Isaac  Nichols,  Exectutor  of  the  last  Will  &  Tes-  Legislative 
tament  of  Henry  Wilkins,  late  of  Middleton  in  the  County  of  Essex  counc'if,  xi!f^ 
Dec*^  &  Guardian  of  his  two  Daughters,  Elisabeth  &  Ruth  Wilkins,  f  Jchivis^ku 
Persons  Non  Compos,  with  other  Persons,  setting  forth  the  Circum-  147.        '    " '' 
stances  of  the  Estate. in  Middleton,  which  the  said  Henry  disposs'd  Mass. 
of  by  Will  for  the  Support  of  his  two  Daughters  above  mentioned,  u5?'^House^^'' 
Praying  that  the  Petitioner  may  be  impowered  to  sell  the  Real  Estate  Journal,  pp.  12, 
in  Middleton,  which  they  apprehend  best  for  the  said  Daughters ;       ^'    '  '^" 

Read  & 

Ordered  that  the  prayer  of  the  pef^  be  so  far  granted  as  that  the 
S"*  Isaac  the  pef  in  his  Said  Capacity  be  &  hereby  is  impowered  to 
Make  Sale  of  the  real  Estate  therein  mentioned  for  the  most  the 
Same  will  fetch  &  to  Execute  in  due  form  of  Law  A  good  Deed  or 
Deeds  of  the  Same  he  observing  the  direction  of  the  Law  respect- 
ing the  Sale  of  Real  Estates  and  out  of  the  proceeds  of  S**  Sale  to 
pay  the  Just  Legacies  in  S*"  Will  bequeathed  Still  due  &  Unpaid  & 
that  the  Overplus  Arising  by  Sale  be  by  the  S*^  Isaac  put  out  to  In- 
terest One  third  part  of  Said  Interest  to  be  paid  unto  the  widow 
within  mentioned  Annually  upon  this  Condition  only  that  She  by 
a  marriage  Covenant  or  otherwise  hath  not  Barred  herself  of  her 
right  of  Dower  to  Said  Estate  the  other  Two  thirds  of  Said  Interest 
to  be  Applyed  to  &  for  the  Support  &  Maintenance  of  Elisabeth  & 
Ruth  Wilkins  y®  within  Mentioned  persons  Non  Compos  And  that 
the  S*^  Isaac  Nichols  give  Caution  to  the  Judge  of  Probate  for  the 
County  of  Essex  that  the  same  Shall  be  Apply'd  Accordingly '  And 
that  the  remainder  of  S*^  Estate  ('  after  the  death  of  the  said  '  Elisa- 
beth &  Ruth  Shall  be  divided  Among  those  Unto  whom  [by]  '  Said 
Will  the  Said  real  Estate  would  have  descended  had  not  the  Same 
been  Sold.     \_Passed  November  22." 


CHAPTER    145. 

ORDER  ON  THE  PETITION  OF  THE  TOWN  OF  BRIDGEWATER  IN  REGARD 
TO  TAXES  SINCE   THE   CHANGE  OF  CERTAIN  BOUNDARIES. 

A  Petition  of  the  Select  Men  of  the  Town  of  Bridgewater,  Legislative 
shewing  that  a  considerable  Number  of  the  Inhabitants  of  the  said  councif,xx!f* 
Town,  were  the  last  Year  sett  off  to  the  Town  of  Pembroke,  not-  ^^-^-^^ll^- 
withstanding  which  the  said  Town  of  Bridgwater  are  taxed  this  cxvi.,  740! 
Year  without  any  Regard  had,  to  the  Lessening  the  Number  of  m^ss. 
their  Inhabitants,   and  their  Estates,   Praying  this  Court  would  ^x^^L^m 
Order  a  Repayment  of  their  extraordinary  Tax.  House  Jour- 

r-r^       -I    p  -I  nal, pp. 53, 12o. 

[Read  i&\  Ante,\^.  177, 

Ordered  that  the  Town  of  Pembroke  pay  unto  the  Town  of  Bridg-  '^^^^^  -°- 
water  the  Sum  of  four  pounds  sixteen  shillings  being  that  part  of 

'  MS.  mutilated. 
'  Sic,  as  to  parenthesis. 

'  Inserted  from  Legislative  Records  of  the  Council,  xx.,  332. 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  November  23. 


228 


Province  Laws  {Resolves, etc.).  — 1754-55.  [Chaps.  146, 147.] 


the  Town  of  Bridgwaters  proportion  to  pay  in  the  last  Tax  that  was 
Annexed  to  Pembroke  and  that  for  the  future  the  Town  of  Bridg- 
water be  Abated  the  Sum  of  five  shillings  &  four  pence  in  their  pro- 
portion to  a  Tax  of  1,000  pounds  and  the  Same  be  Added  to  Pembrokes 
proportion  That  the  Town  of  Pembroke  also  pay  Unto  the  Town  of 
Hanover  the  Sum  of  Three  pounds  nineteen  shillings  being  that  part 
of  the  Town  of  Hanover's  proportion  to  pay  in  the  Last  Tax  that 
was  Annexed  to  Pembroke  And  that  for  the  future  the  Town  of 
Hanover  be  abated  the  Sum  of  four  shillings  &  four  pence  in  their 
proportion  to  a  Tax  of  a  1,000  pounds  And  that  the  Same  be  added 
to  the  Town  of  Pembrokes  Proportion  That  the  town  of  Pembroke 
Also  pay  unto  the  Town  of  Abington  the  Sum  of  twelve  shillings 
being  that  part  of  the  Town  of  Abingtons,  proportion  to  pay  in  the 
last  Tax  that  was  Annexed  to  Pembroke  and  that  for  the  future 
the  town  of  Abington  be  Abated  the  Sum  of  three  pence  in  their 
projjortion  to  a  Tax  of  a  1,000  And  that  the  Same  be  added  to  the 
town  of  Pembrokes  proportion  and  as  for  the  Town  of  Hallifax 
the  Committee  having  received  no  Information  what  part  thereof 
was  Annexed  to  Pembroke  can  make  no  Eeport  in  relation  to  that 
Town.     {^Passed  November  23.^ 


CHAPTEE    146. 


Legislative 
Records  of  the 
Council,  XX., 
331.    Mass. 
Archives, 
Ixxiv.,  281. 

House  Jour- 
nal, p.  123  his. 
Ante,  p.  226, 
chap.  142. 


ORDER  APPOINTING  A  COMtee  fqR  BUILDING  AND    REPAIRING    FORTI- 
FICATIONS BETWEEN   CONNECTICUT  &   MERRIMACK  RIVERS. 

Ordered  that  James  Minot  William  Kichardson  &  John  Chandler 
Jun''  Esq'''  be  a  Committee  (Under  the  direction  of  his  Excellency  the 
Cap*  General)  to  lay  out  the  money  Granted  this  Sitting  of  the  Court 
for  the  building  And  repairing  the  fortifications  between  Connecticut 
&  &  '^  Meremack  Eivers.     \^Passed  Novemler  23. 


CHAPTEE    147 


Legislative 
Records  of  the 
Council,  XX., 
331.    Mass. 
Archives, 
Ixxiv.,  280. 

House  Jour- 
nal, p.  123  bis. 
Ante,]').  225, 
chap.  140. 


ORDER  APPOINTING  A  COM'^ee  pQR  BUILDING   AND    REPAIRING    FORTI- 
FICATIONS ON  THE   WESTERN  FRONTIER. 

Ordered  that  Elijah  Williams  Timothy  Euggles  &  Joseph  Hawley 
Esq"  be  a  Committee  Under  the  direction  of  his  Excellency  the  Cap- 
tain General  to  lay  out  the  money  granted  this  Sitting  of  the  Court 
for  the  building  &  repairing  the  fortifications  on  that  part  of  the 
Frontier  West  of  Connecticut  River.     [Passed  JVovemher  23: 

1  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  November  22. 
»  Sic. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1754-55.  229 


CHAPTEK    148. 

ORDER  APPOINTING  A  COM'^'^e  FOR  BUILDING    AND    REPAIRING   FORTI-  Legislative 

FICATIONS  ON  THE  EASTERN  FRONTIER.  Councif  x^*^^ 

331.    Mass.  '' 

Ordered  that  Jedadiah  Pribble '  Joseph  Gerrish  &  Caleb  Gushing  ^xi^^."^279. 
Esq""*  be  a  Committee  Under  the  direction  of  his  Excellency  the  Leo-isiative — 
Cap'  General  to  lay  out  the  money  granted  this  Sitting  of  the  Records  of  the 
Court  for  the  building  &  repairing  the  fortifications  on  that  part  326!^'^ House"' 
of  the  frontier  at  the  Eastern  parts  of  the  province.      [^Passed  pp^i23^^i24. 
Noveiiiber  23.  ^nte,  p.  225, 

chap.  141. 


CHAPTER    149. 

ORDER  ALLOWING   £3.  5.  4  TO  THO^  COLBY. 


A  Petition  of  Thomas  Colby  of  Amesbury,  shewing  that  in  the  Legislative 
last  War  with  the  French,  he  was  a  Soldier  in  the  Eastern  Parts  of  councif, .xi!f ^ 
the  Province,  in  the  Company  of  Capt  Sylvanus  Cobb,  that  by  Mis-  ssi.  Mass. 
take  he  was  left  out  of  the  Muster  Roll,  and  as  yet  has  received  no  ixxiv.,  241. 
Wages  for  his  Service,  Praying  that  this  Court  would  now  make  him  Mass. 
allowance  for  the  same.  bocw^^ti. 

Read  &  House  Jour- 

Ordered  that  the  prayer  of  the  petition  be  so  far  granted  that  the  °^  'PP-  '  > 
Petitioner  be  Allowed  &  paid  out  of  the  publick  Treasury  the  Sum 
of  three  pounds  five  shillings  &  four  pence  in  full  of  his  Wages 
mentioned  in  the  petition.     {^Passed  November  23. 


CHAPTER    150. 

ORDER  ALLOWING  £9    FOR  THE   SURVEY  OF  A  TRACT  OF  PROV<^=  LAND  Legislative 

ADJOINING  TO  NORTHAMPTON.  Records  of  the 

Council,  XX., 
332.    Mass. 

Oliver  Partridge  Esq''  presented  a  plan  of  21,246  Acres  of  '^{^^%p 

land  lying  West  of  &  adjoining  to  the  Township  of  Northampton  

which  was  taken  by  an  order  of  the  House  of  Representatives  of  Archives, 
the  IV^  of  Jan'-y  last  together  with  an  Account  of  M^  Elisha  Haw-  Mjpdnd'^'*" 
ley  the  Surveyor  employed  in  taking  S'^  Plan  u'^^h  ^^^^^' 

Ordered  that  the  Sum  of  Nine  pounds  be  Allowed  &  paid  out  of  journal,  p.  130. 
the  Publick  Treasury  to  S'^  Hawley  in  full  of  s'l  account.     [Passed  i^H'^^^^^' 
Noveiiiber  23. 


CHAPTER    151. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  ON 
TEA,  &cA,  FOR  THE  COUNTY  OF  WORCESTER  AND  ALLOWING  £2.  2 
EXPENSE   THEREOF. 

A  Report  presented  by  the  Committee  for  lettins:  out  to  farm  Legislative 
the  Excise  upon  Tea,  Coffee  &c^  in  the  County  of  Worcester,  that  g^di^xx.?^ 
they  had  duly  put  up  the  same,  but  no  Person  appeared  to  farm  332. 

^  The  House  Journal,  p.  124,  reads,  "Prebble." 


230 


Province  Laws  {Besolves,  etc.).  — 1754-55.  [Chaps.  152-154.] 


House  Jour- 
nal, p.  131. 
Ante,  p.  26, 
chap.  48. 


the  said  Excise,  &  praying  Allowance  for  their  Time  &  Expence 
therein,  amount^  to  the  Sum  of  £2.2. 

Eead  & 

Ordered  that  the  Sum  of  Two  Pounds,  two  shillings,  be  allowed 
&  paid  out  of  the  publick  Treasury  to  said  Committee  in  full  of 
their  Accompt.     [^Passed  ^November  25. 


Legislative 
Records  of  the 
Council,  XX., 
333. 

House  Jour- 
nal, p. 131. 
Ante,  p.  27, 
chap.  52. 


CHAPTEK    152. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EXCISE 
ON  TEA,  &c,  FOR  THE  COUNTY  OF  YORK  AND  ALLOWING  £2.  3.  8  EX- 
PENSE THEREOF. 

The  Committee  appointed  to  let  to  farm  the  Excise  upon  Tea, 
Coffee  &c^  in  the  County  of  York,  reported  that  they  had  agreed 
for  the  same  with  M'  Foxwell  Curtis  Cutt,  for  Seven  Pounds,  ten 
shillings  &  had  taken  his  Bond  for  the  same,  and  lodged  it  with 
the  Province  Treasurer,  their  Acco'  of  Time  &  Expence  amounting 
to  £2.3.8:.  Eead  & 

Ordered  that  the  Eeport  be  accepted,  and  that  the  s^  Committee, 
be  allowed  the  Sum  of  Two  Pounds,  three  shill^^  &  eight  pence, 
in  full  of  their  Accompt,  to  be  paid  out  of  the  publick  Treasury. 
l^Passed  November  25. 


CHAPTEE    153. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EXCISE 
ON  TEA,  &c^  FOR  THE  COUNTY  OF  HAMPSHIRE  AND  ALLOWING  14/8 
EXPENSE  THEREON. 


Legislative 
Records  of  the 
Goiincil,  XX., 
333.    Mass. 
Archives,  cxx., 
69. 

House  Jour- 
nal, p.  131. 
Ante,  p.  26, 
chap.  47. 


The  Committee  appointed  to  let  out  to  farm  the  Excise  upon 
Tea  &c^  in  the  County  of  Hampshire,  reported  that  they  had  agreed 
for  the  same  with  David  Ingersol  Esq'  for  Six  Pounds,  seven  shil- 
lings, &  had  taken  his  Bond  for  the  same,  &  lodged  it  with  the  Prov- 
ince Treasurer  their  Accompt  of  Time  &  Expence  amounting  to 
14/8 : 

Eead  & 

Ordered  that  the  Above  report  be  Accepted  &  that  the  S<^  Com- 
mittee be  Allowed  the  Sum  of  fourteen  shillings  &  Eight  pence  in 
full  of  the  above  account  &  that  the  Same  be  paid  out  of  the  pub- 
lick Treasury.     \^Passed  November  25. 


CHAPTER    154. 


ORDER  ADJOURNING  THE  COURTS  OF  BARNSTABLE  COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
334.    Mass. 
Archives, 
xliv.,  69. 


Whereas  Divers  of  the  Justices  of  the  Court  of  General  Sessions 
of  the  Peace  and  Inferiour  Court  of  Common  pleas,  which  by  Law 
is  to  be  holden  att  Barnstable  in  the  County  of  Barnstable  On  the 
First  Tuesday  of  December  next  are  members  of  this  Court  and 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  231 


the  important  afairs  of  the  Province  now  Depending  require  their  House  Jour- 
attendance  thereon 

Wherefore 

Ordered  That  the  Courts  aforementioned  (That  were  to  be  held 
att  the  time  af ores'*)  be  adjourned  to  the  First  Tuesday  of  Jan-  --  ^ 

uary  next  to  be  held  att  the  Court  house  in  S*^  Town  of  Barnstable 
att  Ten  of  the  Clock  in  the  forenoon  of  s*^  Day.  And  aU  pleas, 
writts,  Actions,  Suits,  Plaints,  Processes,  Preecepts,  Recognizances 
And  Other  thing  And  things  whatsoever  returnable  or  having  Day 
or  Days  in  the  s^  Court  Shall  stand  abide  and  continue  unto  the 
s'*  adjournment  And  be  held  demeed  And  Adjudged  to  be  as  good 
efectual  and  available  in  Law  to  all  intents  constructions  and  pur- 
poses as  if  Such  Courts  had  been  held  and  kept  on  the  Day  by  Law 
for  holding  the  Same  And  no  Adjournment  thereof  had  been  made. 
\^Passed  November  26. 


CHAPTEK    155. 

ORDER  FOR  THE   COMMISSARY  GENERAL  TO  INSPECT  MUSTER    ROLLS. 

Ordered  that  the  Commissary  General,  repair  to  the  late  Treas-  Legislative 
urer  William  Foye  Esq""  &  inspect  the  Muster  Rolls  in  his  Custody,  counSf.xx! 
and  return  to  this  Court  an  Accompt  of  the  Persons  Names,  born  ^ 


thereon  who  have  not  received  their  Pay.     \ Passed  Noveinher  26.     House  Jour- 

■'         ■-  nal,  p.  135. 


CHAPTEK    156. 

ORDER  ADJOURNING  THE   COURTS  OF  BRISTOL  COUNTY. 

Whereas  divers  of  the  Justices  of  the  Court  of  General  Sessions  Legislative 
of  the  Peace,  &  Inferiour  Court  of  Common  Pleas,  which  by  Law  councff  xx*^° 
are  to  be  holden  at  Taunton,  in  &  for  the  County  of  Bristol,  on  335.  Mass"."' 
the  second  tuesday  of  December  instant  are  members  of  this  Court;  xiivl'.'sl.^' 
&  the  important  affairs  of  the  Province,  now  depending,  require  House  Jour, 
their  attendance  thereon  Wherefore  nai  pp.  138,139. 

Afttc    D   59 

Ordered  that  the  Courts  afores**  &  that  were  to  be  holden  at  the  chap!  \u. ' 
time  af ores'*  be  adjourned  to  the  second  tuesday  of  march  next  to 
be  held  at  the  Court  house  in  s**  town  of  Taunton  at  ten  a  clock  in 
the  forenoon  of  s''  day.  And  all  pleas  writts,  actions  suitts  Plaints, 
Processes  Preecepts,  Recognisances,  &  other  thing  or  things  what- 
soever, returnable,  or  having  day,  or  days  in  the  s**  County,'  shall 
stand,  abide  &  continue  unto  the  s**  adjourment  *  &  be  held  deemed 
&  adjudged,  to  be  as  good  effectual  &  available  in  Law:  to  all  in- 
tents, construction  &  purposes,  as  if  such  courts  had  been  held,  & 
kept  on  the  day  by  law  for  holding  the  same,  and  no  adjour- 

ment thereof  had  been  made.     [Passed  December  3. 

'  The  word  "  County  "  is  underlined  in  Mass.  Archives. 
^  Sic. 


232 


Province  Laws  (Hesolves,  etc.) .  — 1754-55.  [Chaps.  157-159.] 


CHAPTER    157. 


Legislative 
Records  of  the 
Council,  XX., 
336.    Mass. 
Archives,  cxi., 
330. 

Mass. 

Archives,  cxi., 
329.    House 
Journal,  p.  137. 


ORDER  GRANTING  TO   JAMES  DAVENPORT  LICENCE  TO   KEEP   AN    INN. 

A  Petition  of  James  Davenport  of  the  Town  of  Boston  Tavern- 
keeper  shewing  that  he  has  now  an  .Opportunity  to  remove  into 
a  House,  more  commodious  for  a  Tavern  than  that  he  now  dwells 
usually  called  the  Bunch  of  Grapes,  Tavern,  being  in  the  Town  of 
Boston,  Praying  that  the  Court  of  General  Sessions  of  the  Peace 
for  the  County  of  Suffolk  may  be  enabled  to  grant  him  a  Licence 
for  said  House, 

[Eead  &] 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted  as  that 
the  Justices  of  the  Court  of  General  Sessions  of  the  Peace  for  the 
County  of  Suffolk  at  their  present  Adjournm*  or  some  other  Time, 
be  impowered  (if  they  See  fitt)  to  Licence  the  Petitioner  to  be  an 
Inholder  in  y*  Town  of  Boston  in  the  House  coinonly  known  by  the 
name  of  the  Bunch  of  Grapes  near  Scarletts  Wharfe,  He  Obtaining 
the  Approbation  of  the  Selectmen  of  Said  Town,  The  time  of  grant- 
ing Licences  being  elapsed  Notwithstanding.     [Passed  December  3. 


CHAPTER    158. 


Legislative 
Records  of  the 
Council,  XX., 
337. 

House  Jour- 
nal, p.  188. 


ORDER  GRANTING  TO  MARG'^  HOGG  LICENCE  TO   SELL  STRONG  DRINK. 

A  Petition  of  Margaret  Hogg  of  Boston,  Retailer,  shewing  that 
by  Reason  of  the  Farmer  of  Excise  for  the  County  of  Suffolk,  not 
calling  at  her  House  for  the  last  Years  Excise  as  he  promised  to  do, 
she  failed  of  renewing  her  Licence  at  the  proper  Season,  Praying 
that  the  Court  of  General  Sessions  of  the  Peace  for  the  said  County 
may  be  impowered  to  grant  her  Licence  at  their  next  Meeting : 

Read  & 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  granted,  as  that 
the  Justices  of  the  Court  of  General  Sessions  of  the  Peace  for  the 
County  of  Suffolk,  be  impowered  at  their  present  Adjournment,  or 
at  some  other  Time,  if  they  see  fit,  to  licence  the  Petitioner,  to  be 
a  Retailer  of  Spirituous  Liquors  in  the  Town  of  Boston,  She  ob- 
taining the  Approbation  of  the  Select  Men  of  said  Town,  and  pro- 
ducing a  Discharge  from  the  Farmer  of  Excise  of  his  Demands  for 
the  Year  past,  the  time  for  granting  Licences  being  elapsed  notwith- 
standing.    [Passed  December  3. 


CHAPTER    159 


Legislative 
Records  of  the 
Council,  XX., 
336.    Mass. 
Archives,  cxi., 
327. 


ORDER  GRANTING  TO  JOHN  PALMER  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  John  Palmer  of  Situate  in  the  County  of  Plymouth, 
shewing  that  he  hath  obtained  the  Approbation  of  the  Select  Men 
of  said  Town  to  keep  a  Tavern  there;  his  House  being  well  situated 
&  accomodated  for  the  same.  Praying  that  the  Court  of  General  Ses- 


[1st  Sess.]     Province  Laws  (Besolves,  etc.).  — 1754-55.  233 

sions  of  the  Peace  for  the  said  County  may  be  impowered  by  this  Mass. 
Court  to  grant  him  a  Licence  to  keep  a  Tavern  there.  Mef^House'^'' 

[Eead,  &]  .  Journal,  p.  m 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted  as  that 
the  Justices  of  the  Court  of  General  Sessions  of  the  Peace  for  the 
County  of  Plymouth  be  and  hereby  are  impowered  at  their  next 
Term  to  License  the  Petitioner  (if  they  see  fitt)  to  be  an  Inn  holder 
in  the  Town  of  Scituate,  he  first  Obtaining  the  Approbation  of  the 
Select-men  of  said  Town,  the  Time  of  granting  Licenses  being  elapsed 
Notwithstanding.     [Passed  December  4.^ 


CHAPTEK    160. 

ORDER  ADJOURN'-  THE  COURTS  OF  MIDDLES^  COUNTY. 

In  the  house  of  Representives  R^^^^it^^^fth 

Whereas  Divers  of  the  Justices  of  the  Court  of  General  Sessions  council,  xx., 
of  the  Peace  &  Inferiour  Court  of  Common  Pleas,  which  by  Law  Arehfves^^' 
are  to  be  holden  att  Charlstown  in  &  for  the  County  of  middlesex  on  xiiv.,  S2. ' 
the  second  tuesday  of  December  instant,  are  members  of  this  Court,  House  Jour- 
&  the  important  afEairs  of  the  Province  now  depending  require  their  prOTince  '^' 
attendance  thereon  Wherefore  ciiap%-"'' ^^' 

Ordered  that  the  Courts  af  ores^  (*  that  were  to  be  held  at  the  time 
afores*^  be  adjourned  to  the  first  tuesday  of  January  next  to  be  held 
at  the  Court  house  in  s'^  Town  of  Charlstown  at  ten  a  clock  in  the 
forenoon  of  s'"  day. 

And  all  pleas  writts  actions  suits  Plaints,  Processes  Preceepts 
Recognisances,  &  other  thing,  &  things  whatsoever  returnable,  or 
having  day,  or  days  in  the  s*^  County  shall  stand  abide,  &  continue 
unto  the  s'^  adjourment  &  be  held  demeed,  »&  adjudged,  to  be  as 
good  effectual,  &  available,  in  law  to  all  intents  construction,  & 
purposes,  as  if  such  courts  had  been  held  &  kept  on  the  day  by 
law  for  holding  the  same  &  no  adjourment  thereof  had  been  made 
In  Council, 

Read  &  Concur'd  And  the  Sheriff  of  the  said  County  of  Middlesex 
is  hereby  required  to  take  Care  seasonably  to  publish  this  Order  in 
Manner  as  usual. 

In  the  House  of  Rep^  Read  &  Concurred.     [Passed  December  4.^ 


CHAPTER    161. 

ORDER  PRESENTING  EQUIPMENTS  TO   OFFICERS   AND   SOLDIERS  UNDER 
COMMAND   OF  MAJOR  GEN'-  JOHN   WINSLOW. 

A  Petition  of  John  Winslow  Esq''  Commander  in  Chief  of  the  Legislative 
Forces  lately  in  the  Service  of  this  Province   Eastward,  shewing  councff,  xx*'^^ 
that  the  Blankets,  Knapsacks  &  Bandileers  provided  for  the  Use  33s.   Mass.  ' 
of  the  Soldiers  in  the  said  Expedition,  are  many  of  them  almost  ixxiv.,  2S5. 

'  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  December  3. 

'^  Sic,  as  to  parenthesis. 

'  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  and  the  House  Journal  the  date  is  December  3. 


2d4i  Province  Laws  {Resolves,  etc.) .  — 1754-55.  [Chaps.  162, 163.] 


Mass. 
Archives, 
Ixxiv.,  284. 
House  Jour- 
nal, p.  140. 
Province 
Laws,  iii.,  835, 
note. 


worn  out,  by  Eeason  of  the  Hardness  of  the  Service,  praying  that 
those  Things  may  not  be  charged  to  the  Soldiers  but  given  to  them.* 

[Read  &] 

Or'derkl  That  the  Prayer  of  this  Pet°  be  granted,  And  that  the 
Blanketts  Knapsacks  &  Bandileers  delivered  to  the  Officers  &  Sol- 
diers employed  in  the  late  Service  at  the  Eastward  under  the  Cofnand 
of  Maj""  General  Winslow  be  given  to  the  said  officers  and  Soldiers 
gratis,  And  the  Commissary  General  is  hereby  directed  not  to  charge 
the  said  Articles  in  their  particular  Accounts.    [Passed  December  5. 


Legislative 
Records  of  the 
Council,  XX., 
339.    Mass. 
Archives,  xix., 
•2-23. 

Mass. 

Archives,  xix., 
222.    House 
Journal, 
pp.  129,  142, 
143.    Province 
Laws,  ii.,  151, 
chap.  10. 


CHAPTER    162. 

ORDER   IMPOWERING    CALEB    CHAFLIN,  ADM^,  TO    SELL    REAL    ESTATE 
AND  MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Caleb  Chaflin  Admin''  of  the  Estate  of  Israel  Til- 
ton  late  of  Hopkinston  in  the  County  .of  Middlesex  dec*^  &  Guar- 
dian of  his  only  Child,  shewing  that  the  Debts  on  his  Estate  are 
much  more  than  the  personal  Estate  will  discharge,  and  the  real 
Estate  is  very  small,  and  therefore  Praying  this  Court  that  the 
Petitioner  may  be  impowered  to  sell  the  whole  Real  Estate  which 
will  be  most  for  the  Benefit  of  the  said  Minor. 

Read  [and] 

Ordered,  That  the  Prayer  of  this  Pet°  be  so  far  granted  as  that 
the  Pef  in  his  said  Capacity  of  Administrator,  be  licensed  and 
Authorized  to  make  sale  of  the  whole  of  the  reall  Estate  mentioned 
in  the  Pet°  for  the  most  it  will  fetch  and  to  execute  a  good  &  Suffi- 
cient Deed  or  Deeds  thereof  in  the  Law,  first  Observing  the  Rules 
of  the  Law  for  the  Sale  of  Intestates  Estates,  and  giving  proper 
Caution  to  the  Judge  of  Probate  for  the  County  of  Midd^  For  the 
Annual  Payment  of  the  lawful  Interest  of  One  third  Part  of  the 
Sum  produced  by  such  Sale,  to  the  Widow,  during  her  natural  Life, 
as  likewise  for  the  Payment  of  the  Debts  mentioned  in  the  Petition 
&  for  securing  the  Remainder  for  the  Use  of  the  Child.  \Passed 
December  6. 


CHAPTER    163. 


Legislative 
Records  of  the 
Council,  XX., 
340.    Mass. 
Archives, 
,xliv.,  85. 

House  Jour- 
nal, pp.  145, 146. 
Province 
Laws,  iii.,  64, 
chap.  32. 


ORDER  ADJOURNING  THE   COURTS   OF  PLYMOUTH   COUNTY. 

Whereas  Divers  of  the  Justices  of  the  Court  of  General  Ses- 
sions of  the  Peace  and  Inferiour  Court  of  Comon  Pleas  which  By 
Law  is  to  Be  Holden  at  Plymouth  In  the  County  of  Plymouth  on 
the  third  Tuesday  of  December  Current  are  Members  of  this  Court 
And  the  Important  affairs  of  the  Province  now  Depending  Require 
their  Attendance  thereon  wherefore 

Ordered  that  the  Courts  aforementioned  (that  Were  to  Be  Held 
att  the  Time  afores*^)  Be  adjourned  to  the  second  Tuesday  of  Jan- 
uary next  to  Be  Held  at  the  Court  House  In  s'^  Town  of  Plymouth 
at  Ten  of  the  Clock  In  the  forenoon  of  s*^  day  and  all  Pleas  writs 
actions  suits  Plaints  Processes  Precipts  Recognizances  and  Other 
thing  &  things  what  so  Ever  Returnable  or  haveing  Day  or  Days 
In  the  s''  Courts  shall  stand  abide  and  Continue  unto  the  s*^  adjourn- 

1  The  House  Journal,  p.  140,  adds  the  word,  "gratis." 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  235 

ment  and  Be  Held  Deemed  and  adjudged  to  Be  as  Good  Effectual 
and  available  In  Law  to  all  Intents  Constructions  and  Purposes  as 
If  such  Courts  had  Been  Held  and  Kept  on  the  day  by  Law  for 
Holding  the  same  and  No  adjourment  thereof  had  Been  Made. 
[Passed  December  10. 


CHAPTER    164. 

ORDER  OF  NOTICE   WITH   STAY  OF  EXECUTION   ON    THE    PETITION    OF 
NATHAN  PEABODY  &   SPENCER  BENNET  FOR  A  NEW  TRIAL. 

A  Petition  of  Nathan  Peabody  &  Spencer  Bennet,  shewing  that  Rlfor^^^J^the 
by  Reason  of  A  Mistake  in  the  Award  of  Eefferrees  in  a  Cause  council,  xx., 
between  the  Petitioners  and  one  Israel  Averil,  given  in  at  the  In-  Archfvesf' 
feriour  Court  held  at  Newbury  in  September  last,  the  Petitioners  xii^-.  "^- 
are  much  injured ;  and  therefore  Praying  the  Execution  on  the  Judg-  Mass. 
ment  against  them  may  be  stayed,  &  that  they  may  be  admitted  to  xiiv.,  to.  ' 
a  new  Trial,  either  before  the  Court  or  the  same  Refferrees.  mirp^i«"^" 

Read  & 

Ordered  That  the  Pet"  serve  the  Adverse  Party  Israel  Averell 
with  a  Copy  of  the  Pet°  That  he  shew  Cause  (if  any  he  have)  on 
the  second  Friday  of  the  next  sitting  of  this  Court,  why  the  prayer 
thereof  should  not  be  granted.  And  that  Execution  be  staled  in 
the  mean  time.     \_Passed  December  10. 


CHAPTER    165. 

ORDER  IMPOWERING  THE  TOWN  OF  HARWICH  TO  CHOOSE   CONSTABLES 

OR  COLLECTORS. 

A  Petition  of  Barnabas  Freeman  &  Jabez  Snow,  Agents  for  the  Legislative 
Town  of  Harwich,  shewing  that  the  said  Town  have  been  in  the  Prac-  counSf,  xx!,^^ 
tice  of  chusing  two  Constables  annually  for  said  Town,  but  divers  ^i-  Mass. 
Things  happened  in  their  Proceed^^  this  Year  in  Relation  to  their  cxvi.,  753'. 
Constables,  which  has  deprived  them  of  the  Benefit  of  one  of  their  Mass. 
said  Officers,  and  therefore  Praying  that  they  may  be  allowed  another  ^^1*^^11' 
Meeting  for  chusing  that  Officer-  House  Jour. 

T,       1    f.  °  nal,  pp.  71, 116. 

Read  dc 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted  as 
that  the  said  Town  of  Harwich  be  hereby  enabled  and  impowered 
at  a  Meeting  to  be  called  for  that  purpose  to  choose  one  or  more 
Constables  or  Collectors  to  serve  in  said  Town  for  the  Current  Year, 
the  Time  by  Law  for  chusing  such  Officers  being  elapsed  Notwith- 
standing; And  such  person  or  persons  so  chosen  shall  be  Obliged  to 
do  the  Duties,  and  incur  the  penalties  to  all  intents  And  purposes 
as  fully  as  if  they  had  been  chosen  in  March  last.  [Passed  Decem- 
ber 10. 


236 


Province  Laws  {Resolves,  etc.).  — 1754-55.  [Chaps.  166-168.] 


CHAPTER    166. 


ORDER  IMPOWERING  ICHABOD   GOODWIN  &   HANNAH    AYER,  ADMINIS- 
TRATORS, TO   SELL  AN  ESTATE. 


Legislative 
Records  of  the 
Council,  XX., 
344.    Mass. 
Archives,  xlx., 
206. 

Mass. 

Archives,  xlx., 
'202,205.   House 
Journal,  pp.74, 
143,  146, 150. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Ichabod  Goodwin  &  Hannah  Ayer  Administrators 
of  the  Estate  of  James  Scammon  late  of  Biddeford  in  the  County 
of  York  Dec'^  Intestate,  setting  forth  that  the  said  Estate  has  been 
represented  insolvent  to  the  Judge  of  Probate,  that  the  said  Judge 
has  set  off  the  Widows  Dower,  Praying  that  this  Court  would  im- 
power  the  Petitioners  to  sell  the  whole  of  the  Real  Estate  for  the 
Payment  of  the  just  Debts  due  thereon, 

Read  & 

Ordered ;  that  y®  prayer  of  the  petition  be  So  far  Granted;  as  that 
the  Petitioners;  be  and  are  hereby;  Impowered;  in  their  Said  CajDac- 
ity  of  Administ";  To  make  Sale  of  the  whole  of  the  Estate  men- 
tioned (Saveing  only  y®  widows  Right  of  Dower  or  jjower  of  thirds, 
as  already  Set  out,)  and  to  make  and  Execute  in  Due  form  of  Law  a 
good  Deed  or  Deeds,  for  the  Conveyance  thereof  to  Such  person 
or  persons,  as  Shall  Give  most  for  the  Same  Provided  the  Peti- 
tioners, Observe  the  Directions  of  the  Law,  Respecting,  Exec- 
utors, &  Admors,  Sale  of  Lands;  and  Give  Suffisiant  Caution  to 
the  Judge  of  Probates,  for  the  County  of  York:  To  Acount  for 
the  Produce  of  the  Premises;  and  that  the  Same  Shall  be  Disposed 
of  pursuant  To  Law.     \Passed  December  IS, 


CHAPTEE    167. 


ORDER  ALLOWING   £10  TO   JAMES   JOHNSON. 


Legislative 
Records  of  the 
Council,  XX., 
345.    Mass. 
Archives, 
Ixxiv.,  286. 


Ordered,  That  the  Sum  of  Ten  pounds  be  allowed  &  paid  out  of 
the  Public  Treasury  to  James  Johnson  a  Captive  lately  come  from 
Montreal,  to  bear  his  Expences  in  Coming  here,  and  returning  for 
the  redemption  of  his  Wife  and  Children.'     {Passed  December  IS."" 


CHAPTER    168. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  ON 
TEA,  &c%  FOR  THE  COUNTY  OF  ESSEX  AND  ALLOWING  33/  8  FOR  THE 
EXPENSE  THEREOF. 


Legislative 
Records  of  the 
Council,  XX., 
345. 

House  Jour- 
nal, p.  147. 
Ante,  p.  25, 
chap.  45. 


The  Committee  for  letting  out  to  farm  the  Excise  upon  Tea, 
China  Ware  &c^  in  the  County  of  Essex,  reported  that  they  had 
let  out  the  same  to  Peter  Fry  for  Thirty  five  Pounds  six  shillings 
&  eight  pence,  and  have  taken  Bond  accordingly  &  lodged  it  with 
the  Treasurer,  their  Accompt  of  Time  &  Expence  therein  amount- 
ing to  £1.13.8. 

Read  h 

*  Not  found  in  the  House  Journal. 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  December  17. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  237 

Ordered  thski  this  Eeport  be  accepted,  and  that  the  said  Committee 
be  allowed  the  Sum  of  Thirty  three  shillings  &  eight  pence,  in  full 
of  their  Accompt,  &  that  the  same  be  paid  out  of  the  publick  Treas- 
ury.    [Passed  December  17. 


CHAPTER    169. 

ORDER  IMPOWERING  JEREMIAH  WILLIAMS  TO  PROSECUTE  HIS  ACTION 
OF  TRESPASS,  AND  JOHN  DOWSE  TO  PROSECUTE  HIS  APPEAL  FROM 
A  SENTENCE. 

A  Petition  of  Jeremiah  Williams  of  Eoxbury,  Praying  that  this  Legislative 
Court  would  set  aside  an  Award  of  John  Shepherd  Escf  and  John  councif,  xx!,  ^ 
Holman,  Eeferees  on  a  Cause  between  the  Petitioners  Tenant  John  ^^cM^es^^' 
Dowse  &  John  Mooi-ey  depending  in  the  Inferiour  Court  in  Boston,  cxxi.,  m 
the  Proceeding  therein  being  irregular.  Mass. 

Eead  and  [report]  x4.ccepted  &  thereupon  ^xi!!^02-30o. 

Ordered  that  the  prayer  of  the  Pet"  be  granted  and  that  Jeremiah  ^^^^^^^""^f ... 
Williams  be  &  hereby  is  impowered  to  prosecute  his  Action  of  Tres-  council,  xx., 
pass  commenced  against  John  Morey  in  July  A.D  1753  at  the  next  j^ufnai, pp.^ri^ 
Inferiour  Court  of  Common  Pleas  to  be  holden  at  Boston  within  94,95,126,157, 
and  for  the  County  of  Suffolk  on  the  first  Tuesday  of  January  next 
and  the  Justices  of  the  said  Court  hereby  are  impowered  &  directed 
to  hear  and  try  the  said  Action  enter  up  Judgment  and  award  Exe- 
cution thereon  the  Award  &  Judgment  of  Court  within  mentioned 
notwithstanding  provided  the  s*^  Jeremiah  Williams  give  the  s*^  Morey 
seasonable  Notice  of  this  Order.  And  it  is  further 

Ordered  that  John  Dowse  be  &  hereby  is  impowered  to  prosecute 
his  appeal  from  the  Sentence  given  ag^'  him  by  Ebenezer  Peirpoint 
Esq^  within  mentioned  at  the  Court  of  General  Sessions  of  the  Peace 
to  be  holden  for  the  s*^  County  on  the  first  Tuesday  of  Jan'"''  next 
aforesaid  &  the  Justices  of  the  s"^  Court  hereby  are  impow*^  and 
Directed  to  hear  &  try  the  s"^  Action  to  enter  up  Judgm*  &  award 
Execution  thereon  as  fully  to  all  Intents  and  purposes  as  tho  the 
same  had  not  been  Included  in  the  award  aforementioned  Provided 
the  s*^  Dowse  seasonably  notify  the  said  Morey  of  this  Order.  [Passed 
December  17. 


CHAPTER    170. 

ORDER  ALLOWING   £9.  6.  8  TO   JOHN  WALKER. 

A  Petition  of  John  Walker  of  Worcester  shewing  that  he  was  Legislative 
a  Soldier  in  the  late  Expedition  against  Cape  Breton,  that  after  councif,  xx","^ 
his  Eetiirn  he  continued  in  the  Service  of  the  Province  under  Capt  345.  Mass. 

ArchivGS 

Moodey,  but  by  Mistake  his  Wages  were  left  out  of  the  Muster  Eoll,  ixxiv.,  172. 
and  he  has  as  yet  received  no  Part  thereof ;  Praying  that  they  may  Mass. 
be  now  allowed  out  of  the  publick  Treasury.  ]^^xu-\^i72. 

Eead  and  House' Jqur- 

Ordered,  That  the  Prayer  of  the  Petition  be  granted.  And  that  ise.'^^^'"  "'    ' 
the  Pef  be  allowed  and  paid  out  of  the  Province  Treasury,  Nine 
Pounds  six  shillings  and  eight  pence,  in  full  for  his  Service  as  a 
Soldier  at  Cape  Breton.     [Passed  December  17. 


238 


Province  Laws  {Resolves^  etc.).  — 1754-55.  [Chaps.  171-173.] 


CHAPTER    171. 


VOTE  ELECTING  GUARD^'s  FOR    PUNCAPAUG  INDIANS. 


Legislative 
Records  of  the 
Council,  XX., 
346. 

HoTise  Jour- 
nal, pp.  147, 

156,157.  Ante',  Trust  by  the  Major  Vote  of  the  Council,  &  House  of  Eepreseuta 
p^^22o.ciiap.      ^-^gg^     [Passed  DecemUr  17. 


The  two  Houses  proceeded  this  Day  to  the  Election  of  three 
Guardians  of  the  Indians  at  Puncapaug:  And  John  Quincy 

Esq''  Eobert  Spur  Esq""  &  M''  Samuel  Niles  were  duly  elected  to  that 


CHAPTER    172. 


Legislative 
Records  of  the 
Council,  XX., 
347.    Mass. 
Archives, 
cxvi.,  768. 

Mass. 
Archives, 
cxvi.,  767. 
House  Jour- 
nal, p.  155. 
Province 
Laws,  iil.,  628, 
chap.  8. 


ORDER  REMITTING  TO  THE   TOWN    OF    HARDWICK    £8    FINE    FOR    NOT 
SENDING  A  REPRESENTATIVE. 

A  Petition  of  Capt  Timothy  Euggles  in  behalf  of  the  Town  of 
Hardwick,  shewing  that  whereas  the  said  Town  was  fined  for  not 
sending  a  Representative;  to  the  General  Court  in  the  Year  1751, 
they  were  then  in  such  low  Circumstances  as  not  to  be  able  to  bear 
the  Expence  of  it,  Praying  for  a  Remittance  of  said  Fine. 

Read  & 

Ordered,  That  the  Prayer  of  the  Pef^  be  granted,  &  that  the  Sum 
of  Eight  Pounds  (the  sum  the  said  Town  was  fined  in  the  year  1751 
for  not  Sending  a  Representative,)  be  paid  out  of  the  Public  Treas- 
ury to  the  select  men  of  the  said  Town  of  Hardwick,  for  the  use  of 
said  Town.     [Passed  December  17.^ 


CHAPTER    173. 


Legislative 
Records  of  the 
Council,  XX., 
344.    Mass. 
Archives, 
cix.,  4,  5. 

Mass. 
Archives, 
cix.,  1,  2. 
Legislative 
Records  of  the 
Coiincil,  XX., 
343,344.   House 
Journal,  p.  151. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  THE  GOV^«  MESSAGE  IN 
REGARD  TO  THE   STOCKBRIDGE   INDIANS. 

In  the  House  of  Rep*^ 

Ordered,  That  M--  Speaker,  Judge  Russell,  Coll:  Brattle,  M'  Tho^ 
Foster  &  Cap*  Ruggles  Avith  such  as  the  hon^'*^  Board  shall  join,  be 
a  Coinittee  to  take  into  Consideration  his  Excellency's  Message''  of 
this  day  to  both  Houses,  together  with  a  Letter  from  Coll  Israel  Wil- 
liams accompanying  the  same;  And  report  what  they  think  proper 
for  this  Court  to  do  thereon. 

In  Council  Read  and  Concur'd  and  Samuel  Watts  John  Chandler 
Andrew  Oliver  &  Joseph  Pynchon  Esq"  are  joined  in  the  Affair 

The  Cointee  Appointed  p  this  Hon"''  Court  on  his  Excellencys 
Message''  of  the  13**^  of  this  Instant  and  also  on  the  Letter  from 

1  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  December  19. 

^  "Gentlemen  of  the  Council  &  House  of  Represent^"' 

I  have  just  now  received  a  Letter  [Mass.  Archives,  cix.,  2]  from  Col"  Israel  Williams, 
giving  me  an  Account  of  the  ill  State  of  our  AlTairs  on  the  Western  Frontiers,  consequent 
upon  the  Defection  of  the  Stockbridge  Indians,  &  his  Opinion  of  the  great  Necessity  of 
reclaiming  them  to  their  Duty  and  Obedience  to  this  Governm'  with  a  Proposal  of  such 
Methods  as  he  apprehends  most  likely  to  produce  this  happy  Event. 

In  the  general,  I  can't  but  approve  of  Col°  Williams's  Sentiments  on  this  Subject :  How- 
ever, it  is  an  Affair  of  great  Moment ;  And  I  must  earnestly  recommend  to  you  the  im- 
mediate Consideration  of  this  Matter;  so  that  some  effectual  Remedy  if  possible  may  be 
applied  for  removing  this  great  Evil,  as  well  as  preventing  the  many  Mischiefs  that  seem 
to  be  the  unavoidable  Consequences  of  it. 

Dec  13  1754.  W  Shirley  " 

—  Mass.  Archives,  cix.,  1. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  239 

Co'^  Israil  Williams  have  Consider^  the  Same.  &  Beg  Leave  to  Eeport 
That  they  are  of  opinion,  in  order  to  Keleive  the  Indians  at  Stock- 
bridge  Under  their  Distressing  Circumstances  and  to  Attach  them 
y®  more  to  the  English  Interest  That  they  be  Receiv'^  as  sol- 

diers in  the  province  service  and  Receive  pay  and  Subsistance  as  Such 
&  put  Under  the  Care  &  Direction  of  some  Good  Officer  that  will  Use 
them  Well  for  the  Space  of  Six  Months  And  that  they  be  Inform"^ 
that  they  may  Come  to  this  Court  and  Relate  their  Grevences,  or 
otherwise  this  Court  Will  send  Up  a  CoiTitee  to  them  to  Inquire  of 
the  Same  in  order  to  have  them  Redress'^  as  they  Shall  Desire 

Which  is  Humbly  submitted  ^  Sam''  Watts  ^  Ord' 

Read  & 

Or  delved  that  this  Rej)ort  be  Accepted.     \^Pass6d  December  19. 


CHAPTER    174. 

ORDER  APPOINTING  A  TRUSTEE   OF  THE  MONEY  GRANTED   TO   EUNICE 

HOOPER. 

Ordered,  That  John  Tasker  Esq''  be  &  hereby  is  impowered  to  Legislative 
receive  of  the  Province  Treasurer  the  money  granted  by  the  Gen^  counclf.xx*!'^ 
Court  in  April  last  to  Eunice  Hooper,  being  Sixty  Six  Pounds  thir-  347.    Mass. 

X  ■*■  J  ArcliivGs  XI  \ 

teen  Shillings  and  four  pence,  in  the  room  of  the  Rev*^  M'  Bradstreet  23i.        ' '  ".  ' 
(who  refuses  that  Trust)  the  same  To  be  by  him  paid  one  Third  Part  House  Jour- 
to  the  said  Eunice,  &  the  other  two  Third  Parts  to  the  Guardian  or  ^nif^^^m^^'^' 
Guardians  of  the  Children  of  Samuel  Hooper  Dec''  her  late  Husband,  ciiap'.  369. 
to  be  for  their  Use  &  Benefit.     \^Passed  December  19. 


CHAPTER    175. 

VOTE    DESIRING    THE     WITHDRAWAL    OF    FORCES    IN    HAMPSHIRE      Legislative 

COUNTY.  Records  of  the 

Council,  XX., 
347.    Mass. 

Voted,  That  the  Cap^  General  be  desired  to  give  Orders  y*  the  i^^^^f^^ 
Forces  posted  at  Blanford,  Greenfield,  Southampton  and  N"  four  zr — ^^-7— — 

•         •  •  •  xxousG  Jour- 

lying  in  the  County  of  Hampshire,  be  withdrawn.     \^Passed  Decern-  nai,  p.  159. 
ber  19. 


CHAPTER    176. 

ORDER  ALLOWING   £3   TO   SAM^-  LOWELL. 


A  Petition  of  Samuel  Lowell  of  Amesbury  an  Officer  in  the  late  Legislative 
Expedition  against  Cape  Breton,  setting  forth  his  extraordinary  Ser-  coundf,  x*x*.^^ 
vices  in  the  Seige  of  Louisbourgh,  &  praying  for  some  Considera-  ^7.  Mass. 
tion  therefor  from  this  Court  ixxiv.,  228. 

Read,  And  Mass. 

Ordered,  That  the  Prayer  of  this  Pet°  be  so  far  granted  as  that  ^^^^^1%. 
the  Petitioner  be  allowed  &  paid  out  of  the  Publick  Treasury  the  House  Jour- 
Sum  of  three  Pounds  in  full  Consideration  of  his  within  Mentioned  ^lai.  pp- leo,  162, 
Services.     {^Passed  December  19. 


240 


Province  Laws  (ii!esoZyes,e^c.).  — 1754-55.  [Chaps.  177,178.] 


Legislative 
Kecords  of  the 
Council,  XX., 
348.    Mass. 
Archives, 
Ixxiv.,  283. 

Mass. 
Archives, 
Ixxiv.,  •2S2. 
House  Jour- 
nal, pp.  149, 159. 


CHAPTER    177. 

ORDER  ALLOWING   £5.  10   TO  EBENEZER  BACON. 

A  Petition  of  Ebenezer  Bacon  of  Dudley,  shewing  that  he  is 
sued  in  the  Law  for  the  Charge  of  the  Surgeon,  of  healing  his 
Wounds  received  in  the  Service  of  the  Province,  Praying  the  said 
Acconipt  may  be  paid  out  of  the  publick  Treas^. 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted,  as 
that  there  be  paid  out  of  the  Public  Treasury  the  sum  of  Five  pounds 
ten  shillings  to  the  Petitioner  to  enable  him  to  discharge  the  Debt 
mentioned  in  the  Petition  &  the  Charges  arising  on  the  said  Action. 
[Passed  Deceinber  19. 


CHAPTER    178. 


ORDER  ON    THE    PET^   OF    DAVID    MORSE    &    OTHERS,  OF    NATICK,  IN 
REGARD   TO  MAKING  PROVISION  FOR  A  MINISTERIAL  TAX. 


Legislative 
Records  of  the 
Council,  XX., 
34-2.    Mass. 
Archives,  xiii., 
580. 

Mass. 

Archives,  xiii., 
577-579.   Legis- 
lative Records 
of  the  Council, 
XX.,  348. 
House  Jour- 
nal, pp.  38, 130, 
149,  162, 163. 
Ante,  p.  71, 
chap.  164. 


A  Petition  of  David  Morse  &  others  of  the  Society  in  Natick 
whereof  M''  Stephen  Badger  is  Pastor,  setting  forth  the  Difficulties 
they  are  under,  for  raising  the  Sums  they  have  obliged  themselves 
to  give  towards  the  Support  of  their  said  Minister,  Praying  that 
they  may  be  impowered  by  this  Court  to  elect  a  Clerk,  Assessors  k 
Collectors  for  the  Purposes  beforementioned. 

Read  &  thereupon 

Order\l  that  the  Petitioners  &  their  associates  (including  such  as 
by  Order  of  this  Court  in  December  last  were  annexed  to  them)  be, 
&  they  hereby  are  imbodied  for  the  Purposes  mentioned  in  the  Peti- 
tion, and  it  shall  be  lawfull  for  them  to  hold  meetings  from  time  to 
time  as  there  shall  be  occasion;  (Such  meetings  to  be  called  &  warned 
in  manner  as  by  Law  Precinct  meetings  are  to  be  called,)  and  at  their 
first  meeting,  and  in  the  month  of  march  annually,  by  a  major  Vote, 
to  chuse  a  moderator.  Clerk,  &  one  or  more  Collectors  for  collecting 
the  Summs  agreed  on,  or  that  (by  the  majority  of  the  Voters  pres- 
ent at  any  Legal  meeting  called  for  that  purpose)  may  be  agreed  on 
for  the  Support  of  the  Rev*^  m''  Badger,  or  other  ministerial  Charges: 
together  with  other  necessary  officers  and  may  agree  upon  any  other 
method  for  calling  such  meetings  for  the  future '  and  the  officers  who 
shall  be  chosen  as  aforesaid,  shall  have  the  same  Power  as  the  like^ 
officers  in  Precincts  are  by  Law  vested  with :  and  such  as  in  other 
Cases  are  usually  laid  under  the  obligation  of  an  oath,  shall  be  sworn 
by  a  Justice  of  the  Peace  to  the  faithfull  Discharge  of  their  respec- 
tive Trusts.     \Passed  December  19. 

'  The  House  Journal  omits  the  words  beginning,  "  and  the  officers  who  shall,"  &c.,  to 
the  end  of  the  sentence. 


[1st  Sess.]     Province  Laws  (Besolves,  etc.).  — 1754:-55.  241 


CHAPTER    179.  Sttthe 

Council,  XX., 
350     Mass 
VOTE   DESIRING    THAT    FIVE    COHORN    MORTARS    BE    SENT    TO    FORT     Archives,  " 

HALIFAX.  Lxxiv.,  289. 


Legislative 

Voted  That  the  Cap'  General  be  desired  to  give  Orders  that  tliere  gSlf.xx.l"" 
be  Five  Cohorn  '  Mortars  sent  to  Fort  Hallifax  on  Kennebeck  Eiver  j  ^j-^f^f  ^'^^ 
as  soon  as  may  be.     [Passed  December  20.  ^n<e,  p.'ye," 

•'  ■-  chap.  228. 


CHAPTER    180. 

ORDER  ALLOWING   £200    TO    THE    GOV*  FOR    HIS    SERVICES    AT    LOUIS- 

BOURGH. 

Ordered,  That  the  Sum  of  Two  hundred  Pounds  be  granted  and  R|forc|g"of  ti^e 
paid  out  of  the  Public  Treasury  to  his  Excellency  "William  Shirley  council,  xx., 
Esq'^  Cap'  General  &  Governor  in  chief  of  this  Province,  in  full  Con-  apcMtc^s^,^' 
sideration  of  his  Services  at  Louisbourg  in  the  year  1745.     \_Passed  ixxiv.,  2tJA. 

December  21.  House  Jour- 
nal,  p.  166. 

CHAPTER    181.  K^.^t"7,. 

Records  of  the 
Council,  XX., 

ORDER    ALLOWING    £250    TO    THE    GOVERNOR    FOR    SERVICE    IN    THE    Archiv^e^s*^' 
EASTERN   PARTS.  xlix.,409.' 

Legislative 

Ordered,  That  the  Sum  of  Two  hundred  &  fifty  Pounds  be  granted  councu.  xx^.!"® 
&  paid  out  of  the  Public  Treasury  to  his  Excellency  William  Shirley  252, 349.  'House 
Esq"  Cap'  General  &  Governor  in  chief  of  this  Province,  in  full  Con-  ppaes^jee. 
sideration  of  his  Services  in  the  Eastern  parts  of  the  Province,  in  T™y!°^f  sir 

-t^  '  i^aws.  111.,  boo, 

the  Summer  past.     \  Passed  December  21.  note,   supra^ 

'■  ■-  chap.  ISO. 


CHAPTER    182. 

ORDER    ALLOWING    NELSON    FINNEY    PAYMENT    FOR    CARE    OF    AN 

INDIAN. 

A  Petition  of  Nelson  Finny,  shewing  that  in  the  Year  1747,  he  Legislative 
was  at  Great  Charge  for  nursing  &  providing  for  one  Mathias  George  councif  xx*"^^ 
a  sick  Indian  of  Puncapaug ;  but  he  has  not  been  able  to  obtain  a  354.  Mas's. '' 
Keimbursment  from  the  Guardians  of  the  Puncapaug  Indians,  Pray-  xxxii.r5oo. 
ing  that  this  Court  w**  give  Orders  for  his  Eelief.  m^. 

Read  &  ^'"^^'^^?,i. 

xxxii.   499- 

Ordered  that  the  prayer  of  the  Petition  be  So  far  Granted  that  House  Jom-. 
the  Petitioner  be  Allowed  out  of  the  monies  belonging  to  the  pun-  no.'  ^aiuI',  ^^' 
kapoag  Indians  now  in  the  hands  of  Samuel  Miller  Esqr  the  Sum  P-g^^o.  chap, 
of  twenty  eight  pounds  eighteen  Shillings  &  eight  pence  in  full  cha'p.m.' 
for  Doctering  Nursing  &  dieting  the  within  named  Mathias  George 
belonging  to  the  punkapoag  tribe.     [Passed  December  21.'' 

*  A  small  mortar  carried  by  men.  Named  after  the  engineer  who  invented  it.  See  Cen- 
tury Dictionary. 

-  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  December  24. 


242 


Province  LiAws  (Besolves,  etc.).  — 1754-55.  [Chaps.  183-185.] 


CHAPTER    183. 


Legislative 
Records  of  the 
Council,  XX., 
351.    Mass. 
Archives,  cxi., 
332. 

House  Jour- 
nal, p.  167. 


ORDER  GRANTING  TO   JOHN  SWEET  LICENCE  TO   KEEP  AN   INN. 

A  Petition  of  John  Sweet,  Keeper  of  the  Ferry  at  Haverhill, 
shewing  that  he  is  obliged  to  his  great  Detriment  to  entertain  Per- 
sons passing  over  said  Ferry  at  his  own  House,  Praying  that  the  Jus- 
tices of  the  Court  of  General  Sessions  of  the  Peace  for  the  County 
of  Essex  may  be  enabled  to  grant  him  Licence  to  sell  strong  Drink. 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted,  as 
that  the  Justices  of  the  Court  of  General  Sessions  of  the  Peace 
for  the  County  of  Essex  be  and  hereby  are  impowered  at  their  next 
term,  to  license  the  Pet''  (if  they  See  fitt)  to  keep  an  house  of  public 
Entertainment  in  the  said  Town  of  Haverhill,  he  first  Obtaining  the 
Approbation  of  the  Select  Men  of  said  Town,  the  time  for  granting 
Licences  being  Elapsed  notwithstanding.     [Passed  December  23. 


CHAPTER    184. 


Legislative 
Records  of  the 
Council,  XX., 
352. 

House  Jour- 
nal, p.  177. 


VOTE  APPOINTING  A  COM^ee  -pOU  FARM^  OUT  THE  EXCISE   ON  STRONG 
LIQUORS  IN  ESSEX  C". 

In  the  House  of  Eepresenf'"' 
Voted  that  CoP  Choat  &  Col°  Hale  with  such  as  the  hon"^''  Board 
shall  join,  be  a  Comm**''  to  farm  out  the  Excise  on  Spirituous  Liquors 
for  the  County  of  Essex:         In  Council;  Eead  &  Concur'd  &  Ben- 
jamin Lynde  Esq''  is  joined  in  y®  Affair.     [Passed  December  24. 


CHAPTER    185. 


Legislative 
Records  of  the 
Council,  XX., 
3.52. 

House  Jour- 
nal, p.  177. 


VOTE  APPOINTING  A  COM™e  fOR  FARM«  OUT  THE  EXCISE  ON  STRONG 
LIQUORS  IN  PLYM»  C<^. 

In  the  House  of  Eepresent"'^^ 

Voted  that  Col°  Clap  &  M""  Elisha  Barrow  with  such  as  the  Hon^^« 
Board  shall  join  be  a  Comm""  to  farm  out  the  Excise  upon  Spirit- 
uous Liquors  for  the  County  of  Plymouth 

In  Council;  Eead  &  Concur'd,  And  John  Gushing  Esq^  is  joined 
in  the  Affair.     [Passed  December  24. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  243 


CHAPTEK    186. 

VOTE  APPOINTING  A  COMt^^  FOR  FARM«  OUT  THE  EXCISE  ON  STRONG 
LIQUORS  IN  THE   0°  OF  DUKES  COUNTY. 

In  the  House  of  Represent^"  ^!fi^!,^^'J?.>, 

-r-r       -,    1         r  -r    1       -»T  n    ^,    T     rj      T  11  r      1  -ji  1     Recoi'ds  of  the 

Voted  that  Capt  John  Norton  &  CoP  Zacheus  Mayhew  with  such  council,  xx., 


as  the  Hon'''''  Board  shall  join  be  a  Committee  to  farm  out  the  Excise 
upon  Spirituous  Liquors  for  the  County  of  Dukes  County.  Li  na° l^p^  m?'*' 

Council;  Eead  &  Concur'd,  &  Enoch  Coffin  Esq""  is  joined  in  the 
Affair.     \Passed  Decemher  24. 


CHAPTER    187. 

VOTE  APPOINTING  A  COIVF^''-  FOR  FARM«  OUT  THE   EXCISE   ON  STRONG 
LIQUORS   IN  BARNST^  C^. 

In  the  House  of  Eepresentatives ;  R^^'^^i^'^n^ 

Voted  fhoXj  James  Otis  &  David  Crocker  Esq"  with  such  as  the  councif," 
Hon^'®  Board  shall  join,  be  a  Committee  to  farm  out  the  Excise  ^^'-■ 


Records  of  the 

XX., 


upon  Spirituous  Liquors  for  the  County  of  Barnstable.  In  n^"?f  f^y'^' 

Council;  Read  &  Concur'd,  And  John  Otis  Esq"'  is  joined  in  the 
Affair.     \_Passed  Decemher  24. 


CHAPTER    188. 

VOTE  APPOINTING  A  COM^'^e  FOR  FARM«  OUT  THE  EXCISE   ON  STRONG 
LIQUORS  IN  YORK  COUNTY. 

In  the  House  of  Represent'"''^  R^°'^d"^f  th 

Voted  that  John  Storer  Esq"  &  M""  John  Bradbury  with  such  as  council,  xx., 

the  Hon'''^  Board  shall  join  be  a  Committee  to  farm  out  the  Excise  ?^!: 

upon  Spirituous  Liquors  for  the  County  of  York.  ^ai'^rf  itt^^ 

In  Council;  Read  &  Concur'd;  And  John  Hill  Esq'  is  joined  in 
the  Affair.     \^Passed  December  24. 


CHAPTER    189, 

VOTE  APPOINTING  A  COM^ee  fOR  FARM^  OUT  THE  EXCISE  ON  STRONG 
LIQUORS  IN  BRISTOL  C". 

In  the  House  of  Representatives ;  Blfords^of  the 

Voted  that  Ephraim  Leonard  Esq''  &  M'  Israel  Tisdale  with  such  council,  xx., 

as  the  Hon'''^  Board  shall  join,  be  a  Committee  to  farm  out  the  Ex-  !£!^ 

cise  upon  Spirituous  Liquors  for  the  County  of  Bristol ;         In  Coun-  House  Jour- 
cil ;  Read  &  Concur'd,  and  George  Leonard  Esq'' is  joined  in  the  Affair. 
{^Passed  Decemher  24. 


241:  Province  Laws  (Resolves,  etc.).  — 1754-55.  [Chaps.  190-193.] 


CHAPTEE    190. 

VOTE  APPOINTING  A  COM^e^^  FOR  FARM^  OUT  THE  EXCISE  ON  STRONG 
LIQUORS  IN  NANTUCKET   C*^'. 


Legislative 
Records  of  the 
Council,  XX., 
353. 

House  Jour- 
nal, p.  177. 


In  the  House  of  Eepresent"®^ 

Voted  that  Capt  Obecl  Huzzey  &  Cp*^  Jonathan  Coffin  with  such 
as  the  hon''''^  Board  shall  join,  be  a  Committee  to  farm  out  the  Ex- 
cise upon  Spirituous  Liquors  for  the  County  of  Nantucket. 

In  Council;  Eeacl  &  Concur'd;  And  John  Bunker  Esq'  is  joined 
in  the  Affair.     \^Passed  December  24. 


CHAPTEK    191. 

ORDER  DIRECTING  THE  PAYMENT  OF  £987.  7.  8  TO  THE  WORKMEN  AND 
TRANSPORTS  EMPLOYED  IN  THE  EXPEDITION  UP  THE  KENEBECK 
RIVER. 


Legislative 
Records  of  the 
Council,  XX., 
353.    Mass. 
Archives,  Ixv., 
51. 

House  .Jour- 
nal, p.  173. 
Province 
Laws,  iii.,  800, 
chap.  23. 


In  the  House  of  Eep 

It  appearing  to  this  House  that  the  pay  of  the  Officers  &  Soldiers 
Employ'd  in  [the]  '  late  Expedition  amounts  to  no  more  than  five 
thousand  thirteen  pounds  7/8  And  that  there  will  be  a  remainder 
of  the  late  Supply  of  Six  thousand  pounds  the  sum  of  Nine  hun- 
dred eighty  seven  pounds  7/8 

Therefore 

Ordered  that  the  province  Treasurer  be  directed  to  pay  out  the 
Said  sum  of  987.7.8  to  the  workmen  &  transports  employed  in  S^ 
Expedition 

In  Council  Read  and  Concur'd.     \^Passed  December  24. 


CHAPTER    192. 


Legislative 
Records  of  the 
Council,  XX., 
353.    Mass. 
Archives, 
Ixxiv.,  302. 

House  Jour- 
nal, pp.  168  ter, 
169,  172,  174. 
Post,  p.  246, 
chap.  199. 


ORDER  FOR  BEDS  &  BLANKETS  TO  BE  SENT  TO  FORT  HALIFAX. 

Ordered  that  the  Commissary  General  forthwith  provide  Twenty 
Double  Beds  &  forty  Single  Blankets  &  cause  the  Same  to  be  trans- 
ported to  Fort  Hallifax  on  Kenebeck  River  for  the  Use  of  the  forty 
men  Ordered  for  the  reinforcement  of  that  Garrison  during  their 
Continuance  there.     \^Passed  December  24. 


CHAPTER    193. 


VOTE  FOR  THE  PROV'^  TREAS''  GIV"  BOND. 


Legislative 
Records  of  the 
Council,  XX., 
353. 

Mass. 

Archives,  ciii., 
268.    House 


In  the  House  of  Representatives; 
Voted  that  no  Person  that  shall  be  elected  by  this  Court  into  the 
Office  of  a  Treasurer  or  Receiver  General  of  this  Province  for  the 
present  Year  shall  be  esteemed  duly  qualified  to  enter  upon  the  Ex- 
ecution of  that  Office,  untill  he  shall  first  have  an  Oath  administerd 

^  Inserted  from  Legislative  Records  of  the  Council,  xx.,  353. 


[1st  Sess.]     Province  IjAVfs  {Resolves,  etc.).  —  1754-55.  245 

to  him  for  his  faithfully  performing  his  said  Office  and  shall  also  journal, 
give  Bond  with  sufficient  Sureties  to  the  Acceptance  of  the  Com-  ^AntV,%}l^' 
mittee  appointed  by  the  Court  for  that  Purpose,  in  the  Sum  of  chap!  ei. 
Twenty  thousand  Pounds,  Lawful  Money,  to  the  three  eldest  Coun- 
cellors  in  the  Province  for  the  Time  being;  Who  are  hereby  ap- 
pointed a  Com"^^  in  behalf  of  the  Province,  &  especially  authorized 
for  this  Purpose;  Which  Bond  shall  be  conditioned  for  such  Treas- 
urers truly  &  faithfully  discharging  the  Duty  of  his  Office  accord- 
ing to  Law,  and  for  his  rendering  an  Accompt  when  &  so  often  as 
he  shall  be  required  by  the  General  Court,  of  all  such  Sums  of 
Money  as  he  shall  from  time  to  time  receive  into  the  Treasury,  & 
for  his  well  &  truly  paying  to  his  Successor  in  said  Office,  or  to 
any  others  that  may  be  appointed  by  the  General  Court  to  receive 
the  same ;  All  such  Sum  or  Sums  of  Money  as  upon  such  Settle- 
ment of  his  said  Accompt  or  otherwise,  shall  be  found  due,  &  pay- 
able, from  him  to  the  Province,  provided  that  the  Bond  be  put  in 
Suit  within  two  Years  next  after  the  Date  thereof.  Otherwise  to  be 
void  &  of  none  Effect :  And  that  James  Allen  &  William  Brattle 
Esq"  with  such  as  the  hon''''^  Board  shall  Join,  be  a  Com"'^  to  judge 
of  the  sufficiency  of  such  as  may  offer  to  becom-e  Sureties  for  the 
Treasurer  as  aforesaid. 

In  Council;  Eead  &  Concur'd,  And  Jacob  Wendell  Esq^  is  joined 
in  the  Affair.     \^Passed  December  24. 


CHAPTER    194. 

VOTE  APPOINTING  A  COM^^"^  FOR  FARM«  OUT  THE   EXCISE   ON  STRONG 
LIQUORS  IN  MIDDLESEX  COUNTY. 

In  the  House  of  Eep'  Refords^of  the 

Voted  that  Col  Brattle  &  M'  James  Eussel  with  such  as  the  Hon'''^  council, xx., 
Board  shall  join  be  a  Committee  to  Farm  out  the  Excise  Upon  Spir-  Archives^' 
ituous  Liquors  for  the  County  of  Middlesex.  cxix.,  toa". 

In  Council  Eead  and  Concur'd  and  Ezekiel  Chever  Esq'  is  joined  House  Jour- 
in  the  Affair.     [^Passed  December  26.^  na,p. 


CHAPTER    195. 

VOTE  APPOINTING  A  COM^ee  fOR  FARM«  OUT  THE   EXCISE   ON  STRONG 
LIQUORS  IN  HAMPSHIRE   COUNTY. 

In  the  House  of   Eep'  Legislative 

Voted  that  Oliver  Partridge  &  Josiah  Dwight  Esq"  with  such  as  coundf,  xx*.!*^ 
the  hon'''^  Board  shall  join  be  a  Committee  to  Farm  out  the  Excise  ^I'^^^^l^^-  ' 
upon  Spirituous  Liquors  in  the  County  of  Hampshire  cxix.,  704' 

In  Council  Eead  and  Concur'd  And  Eleazer  Porter  Esq'  is  joined  House  Jour. 
in  the  Affair.     [Passed  December  26. '  °'^i'  p-  i"^- 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  December  24. 


2^6 


Province  Laws  (Besolves,  etc.).  — 1754-55.  [Chaps.  196-199.] 


CHAPTEE    196 


VOTE  APPOINTING  A  COM^™  FOR  FARMO  OUT  THE  EXCISE  ON  STRONG 
LIQUORS  IN  SUFFOLK  COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
352,    Mass. 
Archives,  cxx., 
22. 

House  Jour- 
nal, p.  177. 


In  the  House  of  Eepresentatives 

Voted  that  Cap*  Joseph  AVilliams  and  Robert  Spur  Esq""  with  such 
as  the  Hon""'^  Board  shall  Join  be  a  Committee  to  Farm  out  the  Ex- 
cise on  Spirituous  Liquors  [for  the  County  of  Suffolk].' 

In  Council  Read  and  Concur'd  and  Joseph  Richards  Esq''  is  joined 
in  the  Affair,     [Passed  December  26.'' 


CHAPTER    197. 

VOTE  APPOINTING  A  COM™e  FOR  FARM«  OUT  THE  EXCISE  ON  STRONG 
LIQUORS  IN   WORCESTER   COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
352.    Mass. 
Archives,  cxx., 
19^ 

House  Jour- 
nal, p.  177. 


In  the  House  of  Representatives 

Voted  that  Timothy  Ruggles  and  Moses  Marcy  Esq''^  with  such 
as  the  Hon*"'^  Board  shall  join  be  a  Committee  to  Farm  out  the 
Excise  upon  Spirituous  Liquors  for  the  County  of  Worcester 

In  Council  Read  and  Concurd  and  William  Richardson  Esq''  is 
joined  in  the  Affair,     [Passed  December  26.'' 


CHAPTER    198. 


Legislative 
Records  of  the 
Council,  XX., 
362.    Mass. 
Archives, 
Ixxiv.,  229. 

Legislative 
Records  of  the 
Council,  XX., 
275.    House 
Journal, 
pp.  167, 180. 


ORDER  ALLOWING  £3,  15,  4  TO  JN^  MANSFIELD. 

A  Petition  of  John  Mansfield  a  Soldier  in  the  late  Expedition 
upon  Kennebeck  River,  shewing  that  upon  his  Return  he  was  visited 
with  Sickness,  praying  that  the  Charge  thereof  may  be  paid  out  of 
the  publick  Treas^. 

Read  & 

Ordered  that  the  prayer  of  the  Petition  be  granted  And  that  the 
pef  John  Mansfield  be  Allowed  &  paid  out  of  the  publick  Treasury 
the  Sum  of  Three  pounds  15/4  to  Enable  him  to  discharge  his  Doct' 
Acc*^  &  Nursing,     [Passed  December  26.^ 


CHAPTER    199. 

VOTE  DIRECTING  THAT   FORT    HALIFAX    BE    FURTHER    FORTIFIED    & 
RECRUITS  SENT  THERE. 


356, 


Record"of  the        Votcd  that  His  Excellency  the  Captain  General  be  desired  as  soon 
Council,  XX.,     as  may  be,  to  appoint  some  suitable  Person  to  repair  to  Fort  Hali- 
fax  on  Kennebeck  River,  with  special  Authority  to  strengthen  the 

*  Inserted  from  Legislative  Records  of  the  Council,  xx.,  352. 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  December  24. 

2  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  December  31. 


[1st  Sess.]     Province  Laws  (Hesolves^  etc.).  —  1754-55.  2^1:7 

same,  as  also  the  Block  House  or  Redoubt  on  the  Hill  near  the  Mass. 
same,  in  such  Manner  as  to  make  the  same  Proof  against  small  f^xlvl^im. 
Cannon  in  such  Parts  of  those  Fortresses,  as  are  exposed  to  the  ^^T^'m'^iTg 
Approach  of  an  Enemy ;  and  that  the  said  Person  be  authorized  Ante,  p.  244, 
to  govern  &  conduct  the  whole  Affairs  of  said  Garrison  during  his  ^^^^'  ^^^' 
Stay  there;  And  that  he  be  directed  to  employ  the  Soldiers  in 
Scouting  &   Garrison  Duty;  also  to  do  the   Labour  necessary  to 
strengthen  said  Fortresses,  at  such  moderate  Rates  as  he  may  agree 
with  them:     And  in  Case  of  the  Death  or  Sickness  of  said  Person 
that  His  Excellency  be  desired  to  appoint  some  other  Person  to 
perfect  the  same. 

And  also  that  the  Captain  General  be  desired  to  give  Orders  for 
reinforcing  said  Garrison  with  Forty  effective  Men,  to  be  taken  out 
of  the  Independent  Companies  at  the  Eastward;  and  further  that 
the  Captain  General  be  desired  to  order  that  Four  hundred  &  sixty 
Men  more,  to  be  raised  out  of  the  said  Independent  Companies,  & 
the  Militia  nearest  the  said  Garrison,  from  whence  they  may  be  best 
spared,  to  be  held  in  rediness  to  march  instantly  for  their  Relief  on 
the  first  Advice  of  an  Attack,  or  the  Approach  of  an  Enemy;  And 
that  the  said  Forty  Men  be  kept  in  the  Pay  of  the  Government, 
during  the  Time  the  Works  are  carrying  on  for  strengthning  said 
Fortresses  (not  exceeding  two  Months  from  the  tenth  of  January 
next),  &  then  dismissal:  .And  that  the  said  Four  hundred  &  sixty 
Men  aforesaid  be  entitled  to  no  Pay,  but  from  the  Day  they  shall 
march.     [Passed  December  26. 


CHAPTER    200. 

ORDER  GRANTING  TO  ROB'^  STEEL  LICENCE   TO   SELL  MALT   LIQUORS. 

A  Petition  of  Robert  Steel  of  Boston,  shewing  that  he  has  set  ^^^'rd"Tth 
up  the  Trade  of  Brewing  of  Malt  Liquors  in  said  Town;  which  he  council, xx., 
hopes  will  be  of  publick  Benefit,  Therefore  Praying  that  the  Court  Archi^esfiix. 
of  General  Sessions  of  the  Peace  for  the  County  of  Suffolk,  may  'to9- 
be  impowered  to  grant  the  Pef  a  Licence  to  sell  Malt  Liquors  by  Mass. 
Retail  in  the  said  Town.  408?  House^*' 

Read  &  l^mhn. 

Ordered  that  the  prayer  of  the  Petition  be  so  far  granted  that 
the  Justices  of  the  Court  of  General  sessions  of  the  peace  for  the 
County  of  Suffolk  at  their  Next  Term  be  &  hereby  are  Authorized 
tic  Impowered  to  Licence  the  pet"^  (if  they  See  fit)  to  be  a  retailer 
of  Strong  Beer  he  obtaining  the  approbation  of  the  select  men  of 
the  Town  of  Boston  the  time  for  granting  of  Licences  being  Elapsed 
Notwithstanding.     [Passed  December  26. 


CHAPTER    201. 

ORDER  GRANTING  TO  BENJ^  BOWDEN  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Benjamin  Bowden  of  Lyn,  shewing  that  he  is  Legislative 
Owner  of  the  House  in  said  Town,  called  the  Sloop  Tavern,  which  councn"  xx?^ 
has  for  more  than  Twenty  Years  been  used  as  an  Inn  by  his  Father  ^J^iji^es^cxi 
&  Mother  (now  dec*^)  Praying  that  the  Court  of  General  Sessions  of  seo. 


2^8 


Province  Laws  {Resolves,  etc.).  — 1754-55.  [Chaps.  202,  203.] 


Mass. 

Archives,  cxi., 
362.   House 
Journal,  p.  181. 


the  Peace  for  the  County  of  Essex,  may  be  impowered  to  grant  the 
Petitioner  a  Licence  to  keep  an  Inn  in  the  said  House : 

Eead  & 

Ordered  that  the  prayer  of  the  pet°  be  So  far  granted  that  the 
Justices  of  the  Court  of  General  sessions  of  the  peace  for  the  County 
of  Essex  at  their  Next  Term  are  hereby  enabled  to  Licence  the  jief 
Benj  Bowden  (if  they  see  fit)  an  Inholder  in  s*^  Town  he  obtaining 
the  Approbation  of  the  Selectmen  of  s*^  Town  the  time  for  granting 
of  Licences  being  Elapsed  Notwithstanding.    \^Pas8ed  December  27. 


CHAPTEE    202. 


ORDER  FOR  ADJOURN^  THE   COURTS  IN  ESSEX  COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
358.    Mass. 
Archives, 
xliv.,  98. 

House  Jour- 
nal, p.  185. 
Province 
Laws,  ill.,  64, 
chap.  32. 


Whereas  divers  of  the  Justices  of  the  Court  of  General  Sessions 
of  the  Peace  &  Inferiour  Court  of  Common  Pleas  which  by  Law  are 
to  be  holden  at  Salem  for  the-  County  of  Essex  on  the  last  Tuesday 
.of  December  Instant,  are  Members  of  this  Court;  and  the  important 
Affairs  of  the  Province  now  depending,  require  their  Attendance: 
Wherefore, 

Ordered  that  the  Courts  aforementioned  (that  were  to  be  held 
at  the  time  aforesaid)  be  adjourned  to  Tuesday  the  twenty  first  of 
January  next,  to  be  held  at  the  Court  House  in  said  Town  of  Salem 
at  ten  of  the  Clock  in  the  Forenoon  of  said  day:  And  all  Pleas, 
Writts,  Actions,  Suits,  Plaints,  Processes,  Precepts,  Eecognizances, 
&  other  thing  &  things  whatsoever,  returnable  or  having  day  or  days 
in  the  said  Courts  shall  stand  abide  and  continue  unto  the  said  Ad- 
journm*  and  be  held,  deemed  &  adjudged  to  be  as  good,  effectual  & 
available  in  Law  to  all  Intents,  Constructions  «&  Purposes,  as  if  such 
Courts  had  been  held  &  kept  on  the  day  by  Law  for  holding  the  same, 
&  no  Adjournm*  thereof  had  been  made.     \^Passed  December  28. 


CHAPTEE    203. 


ORDER  ALLOWING  PAY  FOR  CONNEC^  SOLDIERS. 


Legislative 
Records  of  the 
Council,  XX., 
35;?.    Mass. 
Archives, 
Jxxiv.,  306. 

Mass. 
Archives, 
Ixxiv.,  .306. 
House  Jour- 
nal, pp.  180, 183. 
Ante,  p.  223, 
chap.  136. 


A  Petition  of  Capt  Israel  Ashley  of  Westfield,'  shewing  that  in 
the  late  Allarm  at  Stockbridge  when  the  Indians  attacked  the  In- 
habitants of  that  &  some  of  the  Neighbouring  Places,  the  Peti- 
tioner &  some  others  retained  some  of  the  Connecticut  Soldiers 
for  their  Protection,  Engaging  by  Promise  that  they  should  be 
paid  for  their  Service,  Praying  that  this  Court  would  allow  Pay, 
for  the  said  Men  accordingly. 

[Eead  &] 

Ordered  that  the  prayer  of  the  Petition  be  so  far  granted  that 
there  be  Allowed  for  one  Cajjtain  at  the  Eate  of  Two  pounds  13/4 
^  month  one  sergeant  at  one  pound  15/1  ^  month  &  thirteen  Cen- 
tinals  at  one  pound  6/8  f?  month.     \^Passed  December  28. 

1  The  House  Journal,  p.  180,  reads,  "  Sheffi,eld." 


[1st  Sess.]     Province  Laws  (^Resolves,  etc).  — 1754-55.  249 


CHAPTEE    204. 

ORDER   ALLOWING   £21.  5.  2   TO    JOSEPH    DWIGHT,  ESQ«,  AND    £1.  14.  4   TO 

ELIJAH   WILLIAMS. 

A  Petition  of  Joseph  Dwight  Esq^  shewing  that  the  Pet'  &  M'  Rlfords^Jnhe 
Elijah  Williams  were  put  to  great  Expence  for  the  Security  &  Pro-  council,  xx., 
tection  of  the  People  of  Stockbridge  in  the  Time  of  the  late  Alarm  Archfvesf' 
by  the  Indians  on  that  Frontier,  Praying  that  their  Charge  may  be  ixxiv.,  298. 
paid  out  of  the  publick  Treasury;  Mass. 

-^     T,       T    Q  ^  •'  Archives, 

Kead  &  ixxiv.,  299,  soo. 

Ordered  that  the  prayer  of  the  Petition  be  So  far  granted  that  ^^'il^pp.'ns^igs, 
there  be  Allowed  &  paid  out  of  the  publick  Treasury  to  the  pef  isi-' 
Joseph  Dwight  Esq''  The  Sum  of  twenty  one  pounds  5/2  &  to  M'' 
Elijah  Williams  the  Sum  of  One  pound  14/4  for  their  Billeting 
Soldiers  &  pasturing  horses  Agreeable  to  their  Acc'^      {^Passed 
December  28. 


CHAPTER    205. 

ORDER  ALLOWING   £13.  6.  8   TO  JONATH''  KENNY. 

A  Petition  of  Jonathan  Kenny,  shewing  that  Benjamin  Black-  ^^for^^^Jf  th 
man  a  Soldier  in  the  late  Expedition  on  Kennebeck  River,  after  council,  xx., 
his  Return  was  taken  ill  of  a  Camp  Fever,  and  brought  to  the  Arcinv^es?' 
utmost  Hazzard  of  Life  in  the  Pet"  Family  in  Stoughton:  And  ixxiv.,  291. 
for  as  much  as  the  said  Blackmail  has  no  Estate  to  defray  the  Mass. 
Charge  of  his  Sickness,  Praying  that  it  may  be  paid  out  of  the  ixxiv.,  290-293. 
publick  Treasury ;  Srds  o7the 

Read  &  Council,  xx., 

Ordered  that  the  prayer  of  the  pet°  be  so  far  granted  as  that  the  joumai, 
Sum  of  Thirteen  pounds  6/8  be  paid  out  of  the  publick  Treasury  pp- i55, 16",  iss. 
to  the  pet'  in  full  of  his  Account  Including  the  Doct"  Bills  for 
taking  Care  of  Benj*  Blackman  mentioned  In  the  pet"^.     \^Passed 
December  28. 


CHAPTER    206. 

vote  for    COIVPEE    FOR    FARMING    THE    EXCISE    TO    ADVERTISE  THE 

SALE  THEREOF. 

Voted  that  the  Committees  Appointed  to  Farm  out  the  Excise  On  Legislative 
Spirituous  Liquors  in  the  Several  Counties  Advertise  the  same  in  the  coundf,  xx!f^ 
Publick  prints  one  month  at  Least  before  the  Sale  &  also  in  such  ^^-^^f^l^^- 
parts  of  their  respective  Counties  as  they  Judge  likely  the  prints  cxx.,  7. 
will  not  reach  &  wherever  the  Committees  Suspect  a  Combination  House  Jour- 
as  to  the  purchase  of  the  Excise  that  they  be  &  hereby  are  Impow-  ^')|<eypp*5242- 
ered  to  Contract  &  Agree  for  the  Same  otherwise  than  by  publick  244,  chaps  isi- 
Vendue.     \^Passed  December  30.  cha'psf  194-197.' 


250 


Province  Laws  {Resolves, etc.).  — 1754-55.  [Chaps.  207-209.] 


CHAPTEE    207. 


Legislative 
Records  of  the 
Council,  XX., 
359.    Mass. 
Archives, 
cxx.,  7. 

House  Jour- 
nal, p.  185. 
Supra,  chap. 

206. 


ORDER  DIRECTING  THE  COMMITTEE  TO    AGREE   UPON  THE  TIME   FOR 
FARMING  THE  EXCISE. 

Ordered  that  the  Committees  Appointed  by  this  Court  to  Farm 
out  the  Excise  upon  Spirituous  Liquors  for  the  Several  Counties 
that  are  now  at  Court  Meet  &  Agree  Upon  Suitable  times  for  for' 
farming  the  Same  in  the  several  Counties.     [Passed  Decemier  80. 


CHAPTEE    208. 


Legislative 
Records  of  the 
Council,  XX., 
360.    Mass. 
Archives,  ciii., 
26-2. 

Mass. 

Archives,  ciii., 
260.  House 
Journal, 
pp.  180, 185, 186. 


ORDER  ALLOWING   £50  TO  HARRISON  GRAY,  TREASURER. 

A  Petition  of  Harrison  Gray  Esq''  Treasurer  of  this  Province, 
shewing  that  he  has  had  extraordinary  Trouble  in  Exchanging  of 
Bills  &  Governm*  Securities,  &  borrowing  Money  for  Paying  the 
Debts  of  the  Province,  &  has  been  obliged  to  hire  a  Clerk  to  assist 
him:  Praying  that  the  Court  would  make  a  proper  Allowance  for 
his  extraordinary  Charge  &  Trouble  above  mentioned. 

Eead  & 

Ordered  that  there  be  Allowed  to  the  pet"^  the  Sum  of  fifty  pounds 
out  of  the  publick  Treasury  in  full  for  his  extraordinaiy  care  & 
Trouble  &  Expences  in  hiring  a  Clerk  for  receiving  in  and  exchang- 
ing the  Bills  of  Credit  of  this  Government.     [Passed  December  30. 


CHAPTEE    209. 


Legislative 
Records  of  the 
Council,  XX., 
360.    Mass. 
Archives, 
cxvi.,  722. 

Mass. 
Archives, 
cxvi.,  721. 
Hoiise  Jour- 
nal, pp.  180, 186. 
Ante,  p.  45, 
chap.  98. 


ORDER  ALLOWING   £150  TO  THE  RUMFORD  INHARts. 

A  Petition  of  Benjamin  Rolfe  Esq'  in  behalf  of  himself  &  the 
rest  of  the  Inhabitants  of  the  Town  of  Rumford  shewing  that  they 
purchased  the  Lands  they  are  now  settled  upon  in  the  said  Town, 
of  this  Government,  that  now  they  have  expended  .their  Estates  in 
making  great  Improvements  on  the  said  Lands,  they  are  harrass'd 
in  the  Law  by  vexatious  Actions  bro't  against  them  by  the  Inhabi- 
tants of  Bow  in  the  Province  of  New  Hampshire,  that  the  Peti- 
tioners have  appealed  to  the  King  &  Council,  &  a  Hearing  appointed 
thereon.  Praying  that  this  Court  would  make  a  further  Grant  to 
them  for  defraying  the  Charge  of  defending  their  just  Rights  de- 
rived from  this  Governm* 

Read  & 

Ordered  that  the  Sum  of  One  Hundred  &  fifty  pounds  Sterling 
be  paid  out  of  the  publick  Treasury  to  the  petitioner  for  the  Use 
of  the  Rev*^  M'  Walker  now  in  England  prosecuting  the  Appeal 
referred  to  in  the  petition  as  Agent  for  the  Appellant  to  be  laid 
out  for  the  purposes  within  mentioned.     [Passed  December  SO. 

1  Sic. 


[1st  Sess.]     Province  Laws  (Besolves,  etc.).  — 1754-55.  251 


CHAPTEK    210. 

ORDER  ALLOWING   £65  PER  ANNUM  FOR  TWO   YEARS    PAST    TO    THE 

SECRETARY. 

A  Memorial  of  Josiah  Willard  Esq'  Secretary  of  this  Province,  Legislative 
shewing  that  agreable  to  the  Order  of  the  General  Court  held  at  councn^,  xx*.^® 

Concord  in  May  1753,  he  provided  himself  with  an  Assistant  in  ^ 

his  Office  who  has  served  as  Deputy  Secretary  ever  since.  Praying  House  Jour. 
that  this  Court  would  order  an  Allowance  for  him  equal  to  the  Province  ' 
Labour  of  his  Office  &  his  Faithfulness  therein.  Ih^^.'l'^"^^^' 

Read  & 

Ordered  that  there  be  allowed  &  paid  out  of  the  publick  Treas- 
ury to  the  Petitioner  Josiah  AVillard  Esq''  the  Sum  of  Sixty  five 
Pounds  ^  Annum  for  two  Years  past  ending  the  thirtieth  of  May 
last,  in  Consideration  of  his  having  been  obliged  to  employ  a  Clerk 
during  said  .Time.     [Passed  January  2. 


CTTA-prpxji-p      011  Legislative 

I±A.r  1  JUi  irC      Z  1  i  .  ReSordsof  the 

Council,  XX., 
363.    Mass. 
ORDER  DIRECTING  THE    COMMISSARY   GENERAL    TO    SEND    STORES    TO  Archives, 

FORT  HALIFAX.  Ixxiv.,  308. 

Legislative 

Ordered,  that  the  Commissary  General  be  directed  (as  Soon  as  coiuK5if,xx.,^ 
may  be)  to  Send  by  Cap*  Sanders  the  Stores  he  has  provided  for  jour^rp^igo. 
Fort  Hallifax  on  Kenebeck  river  &  the  other  Garrisons  in  the  East-  ^nte,  p.'ge, 
ern  parts  of  the  province.     [Passed  January  2.  ^  ^'^' 


CHAPTEE    212. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  PETITION  OF  ASSESSORS 
OF  THE  TOWN  OF  BOSTON  IN  REGARD  TO  AN  ACTION  OF  TRESPASS. 

A  Petition  of  Nathaniel  Barber  &  others  Assessors  of  the  Town  Legislative 
of  Boston,  shewing  that  Andrew  Oliver  Esq'  &  William  Phillips  at  coS  xx*f ^ 
the  Inferiour  Court  of  Common  Pleas  held  at  Boston  for  the  County  ^^-^es-'  Mass. 
of  Suffolk,  brot  their  Action  of  Tresspass  against  them  for  rating  cxvl,  735'. 
them  as  Persons  in  Trust  for  the  Improvement  of  the  Estate  of  M'  Mass. 
Thomson  in  Great  Britain,  being  in  said  Town  of  Boston  at  which  ^x^^|^^^||; 
Trial  the  Jury  found  in  favour  of  the  Petitioners,  but  the  Court  House  Jour- 
set  aside  their  Verdict  &  ordered  a  new  Trial,  Praying  for  Eelief  li^.'igo'.  "'     ' 
from  this  Court. 

The  Committee  to  whom  was  referr'd  the  Petition  of  the  Assessors 
of  the  Town  of  Boston  &  Answer  thereto,  having  heard  the  Parties 
&  considered  the  Matters  in  Dispute  between  them,  report  as  fol- 
lows; viz* 

That  it  appears  to  them  that  the  Respondents  have  been  for  some 
time  past  intrusted  by  M'  Thompson  in  England  to  take  the  Care 
&  Oversight  of  sundry  Parcels  of  his  Real  Estate  in  this  Province 
&  elsewhere,  &  to  receive  the  Rents  arising  therefrom ;  That 

these  Parcels  of  Real  Estate  have  from  time  to  time  been  taxed  in 


252  Province  Laws  {Resolves,  etc.).  — 1754-55.     [Chap.  212.] 

the  several  Towns  &  Places  where  they  ly ;  That  the  Eents  or 

Incomes  of  that  Estate  (after  the  Payment  of  those  Taxes)  came 
into  the  Hands  of  the  Eespondents,  &  were  by  them  in  part  trans- 
mitted to  M''  Thompson,  and  in  Part  expended  in  building  on  his 
Lands  by  Means  whereof  the  Value  of  his  Real  Estate  has  been 
'  enhaunced,  &  thereby  subjected  to  the  Payment  of  greater  Taxes  for 
the  future  in  the  several  Towns  where  they  are  situated:  That 

it  doth  not  appear  that  any  Part  of  the  Rents,  received  by  the  Re- 
spondents was  put  out  at  Interest,  or  otherwise  improved  in  Trade 
or  Business,  whereby  the  Sum  could  be  in  any  Measure  augmented, 
or  any  additional  Gain  arise  from  it ;  That  the  Assessors  of  the 

Town  of  Boston  (where  the  Respondents  dwell)  conceiving  that  not 
only  the  Profits,  which  they  supposed  to  have  accrued  by  these  Rents 
put  out  at  Interest,  or  otherwise  improved  for  a  further  Additional 
Gain,  but  that  even  the  Rents  arising,  arose  from  Real  Estates  that 
had  before  been  taxed  were  by  Law  subject  to  be  taxed  also,  they 
accordingly  imposed  a  Rate  or  Tax  thereon,  and  Distress  was  made 
for  the  same  which  gave  Rise  to  the  Suit  now  depending  between 
them  &  the  Respondents  in  the  Law, 

The  several  Facts  appearing  to  the  Committee  to  be  such  they 
are  humbly  of  Opinion,  That  altho  the  Assessors  (in  Case  they  were 
persuaded  that  some  Profit  had  accrued  by  the  Improvement  of  these 
Rents  in  the  Hands  of  the  Respondents)  might  well  adjudge  those 
Profits  to  be  rateable.  Yet  that  their  Proceedure  in  Taxing  the  Rents 
themselves  was  founded  upon  a  Mistaken  Construction  of  the  Law; 
which  expressly  exempts  such  Estate,  as  has  been  otherwise  assess'd, 
&  has  paid  else  where  from  any  further  Tax, 

This  we  apprehend  to  be  the  present  Case,  in  as  much  as  those 
Rents  arose  on  Lands,  that  had  from  time  to  time  paid  Taxes  in 
the  several  Towns  where  they  ly,  in  making  &  apportioning  whereof, 
according  to  the  Rule  of  Law  regard  is  always  had  not  to  the  real 
Value  of  the  Lands,  but  to  the  Rents  or  Profits  arising  from  them, 
and  those  Rents  only  are  estimated  &  put  into  the  Lists  of  Valua- 
tion &  assessed,  and  not  the  Glebe,  &  consequently  are  not  liable 
by  Law  to  a  f urthur  Assessment ;  and  that  the  Law  ought  so  to  be 
understood  is  further  Evident  from  the  Resolution  of  this  Court 
in  a  similar  Case  mentioned  by  the  Respondents;  The  Com- 

mittee therefore  humbly  report  as  their  Oj)inion,  that  the  Tax  which 
gave  Occasion  to  the  Action  now  dej)ending,  be  remitted,  that  the 
present  Assessors  be  authorized  &  directed  to  sink  or  remitt  the 
same,  and  to  discharge  the  Collectors  therefrom.  That  what  has 
been  taken  by  Distress  be  refunded  or  returned  to  the  Respondents, 
&  that  the  Respondents  discontinue  the  Suit  now  depending  in  the 
Law. 

Which  is  humbly  submitted. 

By  Order  of  the  Com'"'  Sam^  Danfoeth. 

Read  and  Accepted  and 

Ordered  that  the  several  Parties  mentioned  be  and  hereby  are 
required  to  conform  themselves  accordingly.     \^Passed  January  2. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.),  — 1754-55.  253 


CHAPTEE    213. 

VOTE  CONFIRMING  THE  PROCEEDINGS  OF  THE  SELECTMEN   OF   THE 
TOWN  OF  REHOBOTH. 

A  Petition  of  the  Select  Men  of  the  Town  of  Eehoboth,  shew-  Legislative 
ing  that  by  Reason  of  some  defects  in  the  Proceedings  of  the  said  cou'rfcii^  xx!*^^ 
Town  in  the  Year  1751.  in  Relation  to  the  Committment  of  the  s&t.  Mass. 
Taxes,  there  is  likely  to  be  Difficnlty  in  gathering  the  Ministerial  cxvi.,  Tee'. 
Taxes,  Therefore  Praying  that  this  Conrt  would  establish  the  said  Mass. 
Proceedings,  Notwithstands  the  "Want  of  Formality  in  the  Law ;       ^^'vl^^^es' 

[Read  &]  House  Jour- 

Voted  that  the  Prayer  of  the  Petition  Be  so  far  Granted  as  That  ut  ^^'"  ^^'  ^"^' 
ye  Proceedings  of  the  selectmen  In  Giveing  the  Warrant  to  Ephraim 
Hunt  Junr  to  Collect  the  then  Remaining  Part  of  the  ministerial 
Taxes  for  ye  year  1751  Be  and  are  Hereby  Confirmed  and  Estab- 
lished and  shall  Be  Good  &  valid  to  all  Intents  &  Purposes  In  the 
Law  and  the  said  Ephraim  is  fully  Authorized  and  Impowered  to 
Collect  the  Remaining  Part  of  the  ministerial  Tax  afores''  as  fully 
as  If  he  had  Been  Chosen  Collector  In  March  Last  And  to  Account 
In  the  same  maher  as  Other  Collectors  By  Law  are  Obliged  to  do. 
[Passed  January  2. 


CHAPTER    214. 

VOTE  DIRECTING  THE  DISCHARGE   OF  THO»  GILL. 

A  Petition  of  Thomas  Gill  of  Hingham  shewing  that  at  the  Legislative 
Superiour  Court  of  Judicature  for  the  County  of  Suffolk  held  at  coundf  xVi^^ 
Boston  in  August  last  in  an  Action  commenced  by  Thomas  Payne,  365.  Mass.  ' 
Judgment  was  Enter'd  up  against  the  Petitioner,  &  Execution  there-  234.    ^'^  '  ^  ^'* 
wpon  served  on  him,  alth6  he  was  never  summoned  to  answer  to  the  Mass. 
said  Action,  Praying  that  he  may  be  set  at  Liberty.  ^2'^'"Hou8e"'''' 

Read  &  Journal,p.l92. 

Voted  that  the  prayer  of  the  petition  be  granted  &  that  the  pet' 
Tho^  Gill  be  Discharged  from  the  Commitment  by  force  of  the  Ex- 
ecution within  mentioned  &  that  S''  Execution  So  far  as  it  concerns 
S*^  Gill  be  &  hereby  is  Vacated  provided  Nevertheless  that  the  s*^ 
Execution  shall  remain  in  the  same  force  Against  the  other  persons 
therein  mentioned  &  in  the  same  manner  as  if  the  S*^  Gills  name  had 
not  been  Inserted  in  S*^  Judgm'  &  Execution  &  that  the  Sheriff  be 
directed  to  discharge  S^  Gill  Accordingly.     [Passed  January  2. ' 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  January  3. 


254:  Province  Laws  (Hesolves,  etc.) .  — 1754-55.  [Chaps.  215-218.] 


CHAPTEE    215. 


Legislative 

Records  of  the 

Council,  XX., 

365.    Mass. 

Archives,  VOTE  ALLOWING  £100  FOR  REPAIRS  AT  CASTLE   WILLIAM. 

Ixxiv.,  309. 

Records^onhe  Votecl  that  the  Sum  of  One  Hundred  pounds  be  put  into  the 
Council,  XX.,  Hands  of  the  Committee  Upon  the  Repairs  of  the  Castle  in  Order 
Journal,  to  Effect  the  repairs  of  the  South  Barrack  the  Barge  house  on  the 

Province^^' ^^^'  South  point  as  also  the  house  for  the  Officers  S'^  Committee  are 
Laws,  xiv.,  507,  hereby  directed  to  lay  it  out  in  doing  what  at  present  is  of  great- 
^ '^^^•'    •         est  Necessity  &  Specially  directed  not  to  exceed  S*^  Sum.    [Passed 
January  2? 


CHAPTEE    216. 


ORDER  ALLOWING  £60  TO    AGENT    BOLLAN    FOR    AN    OMISSION    IN    HIS 

ACCO^. 


Ordered  that  the  Sum  of  Sixty  pounds  Sterling  be  Allowed  & 
paid  out  of  the  Publick  Treasury  to  M^  Agent  Bollan  it  Ajjpearing 
that  Sum  was  omitted  in  his  Accompt  exhibited  in  the  Year  1749. 


Legislative 
Records  of  the 
Council,  XX., 
36.0.    Mass. 
Archives,  xxi., 
209. 


House  Jour 

nal,  p.  193. 

Province  r  t-.  -,    -r 

Laws,  Xiv., 331,    Fassed  January  3 

chap.  166.  ■■  "^ 


Legislative 
Records  of  the 
Council,  XX., 
365.    Mass. 
Archives,  xxi., 
211. 


CHAPTEE    217. 


House  .Jour- 
nal, p.  193. 
Supra,  chap. 
216.    Post, 
p.  255,  chap. 
220. 


ORDER  ALLOWING  £80  TO  AGENT  BOLLAN  FOR  EXTRAORDIN^  EXPENCES. 

Ordered  that  the  sum  of  Eighty  pounds  Sterling  be  Allowed  & 
paid  out  of  the  Publick  Treasury  to  M'  Agent  Bollan  in  Considera- 
tion of  So  much  paid  by  him  for  extraordinary  Expences  while  he 
was  Soliciting  the  parliamentary  Grant  for  this  Province.  [Passed 
January  3. 


CHAPTEE    218. 


ORDER  ALLOWING    £176.5    TO    AGENT    BOLLAN   FOR   INTEREST    ON    A 
FORMER  GRANT  NOT  PAID. 


Legislative 
Records  of  the 
Council,  XX., 
365.    Mass. 
Archives,  xxi., 
212. 

House  Jour- 
nal, p.  193. 
Province 
Laws,  xiv.,  593, 
chap.  138. 


Ordered  that  there  be  Allowed  &  paid  out  of  the  Publick  Treas- 
ury to  M"'  Agent  Bollan  the  Interest  of  the  fifteen  hundred  pounds 
Sterling  that  was  granted  to  him  by  this  Court  the  24  of  January 
1752  from  the  S'^  24  of  Jan'"''  to  this  time  it  Appearing  that  he  hath 
not  as  Yet  received  Said  Grant  Said  Interest  Amounting  to  the  Sum 
of  One  Hundred  &  Seventy  Six  pounds  five  shillings  Sterling.  [Passed 
January  3. 

'  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  the  date  is  January  3. 


[1st  Sess.]     Province  Laws  {Resolves^  etc.).  — 1754-55.  255 


CHAPTER    219. 

ORDER  ALLOWING  £1,000    TO    AGENT   BOLLAN    FURTHER   TO    ENABLE 
HIM  TO  SOLICIT  THE  PROV''^  BUSINESS. 

Ordered  that  the  Sum  of   One  Thousand  pounds  Sterling  be  Legislative, 
Allowed  &  paid  out  of  the  publick  Treasury  to  M'  Agent  Bollan  councifx'x.!^  ^ 
to  Enable  him  further  to  Solict  the  Affairs  of  this  Province  at  Archwes^^xxi. 
the  Court  of  Great  Brittain  And  that  the  Treasurer  be  directed  213. 
to  Transmit  the  Same  to  him  as  soon  as  may  be.     \ Passed  Jan-  House  Jour- 
nary.3.  nai,pp.i69,i74. 


CTTA'PT'Tr'T?       OOn  Legislative 

Xl2i.Jr±JliXi       ZiZiU.  Records  of  the 

Council,  XX., 
365.    Mass. 
ORDER  ALLOWING  £1,500  TO  AGENT  BOLLAN  FOR  FIVE  YEARS  SERVICES.  Archives,  xxi., 

214. 


House  Jour- 


Ordered  that  the  Sum  of  fifteen  Hundred  pounds  Sterling  be  na^i^^p^wT 
Granted  &  paid  out  of  the  publick  Treasury  to  M""  Agent  Bollan  Province 
in  full  for  his  Services  as  Agent  for  this  province  at  the  Court  of  chap!'^''     ' 
Great  Brittain  for  the  last  five  Years.     \^Passed  January  3. 


CHAPTER    221. 

ORDER  ALLOWING  ANDREW  HALL  TO  RETURN  LAND  PURCHASED  OF 

PROVINCE. 

A  Petition  of  Andrew  Hall  of  Boston,  shewing  that  he  pur-  Legislative 
chased  of  a  Committee  of  the  General  Court  a  Parcel  of  Land  councif,  xx**^^ 
at  Lunenburgh,  that  Cp*  Job  Prince  &  John  Kneeland  iun""  were  367.  Mass. 

A.rciii'VGS 

bound  to  the  Treasurer  together  with  the  Petitioner  for  the  Pay-  xivi.,  370.' 
ment  of  the  Purchase  Money,  and  did  agree  with  the  Petitioner  Mass. 
to  take  two  Thirds  of  the  said  Land,  that  Kneeland  is  since  dead,  xm^^sII' 
&  Prince  declines  having  any  thing  to  do  in  it.  That  the  Treasurer  House  Jour- 
has  sued  the  Petitioners  Bond,  and  has  recovered  Judgment  &  taken  provmce'^'' 
out  Execution  against  the  Petitioner;  And  for  as  much  as  he  has  ^ifa^^se^^'' ^^' 
met  with  great  Losses  in  his  Business,  Praying  that  he  may  be 
allowed  to  return  the  said  Land  to  the  Province,  »&  be  discharged 
from  the  Judgment  recovered  against  him.  , 

Read  & 

Ordered  that  the  prayer  of  the  Petition  be  granted  and  that  upon 
the  petitioner's  delivering  the  Deed  of  the  Land  mentioned  in  the 
petition  (which  it  Appears  has  not  been  recorded)  to  the  province 
Treasurer  &  all  Charges  that  have  Arisen  by  reason  of  the  Bond 
within  mentioned  being  put  in  Suit  That  then  the  province  Treas- 
urer be  directed  to  discharge  the  Execution  mentioned  in  this  peti- 
tion.    [^Passed  January  4. 


256 


Province  Li aws  {JResolves,  etc.) .  — 1754-55.  [Chaps.  222-224.] 


CHAPTEE    222. 


ORDER  ACCEPTING  REPORT  OF   COMMITTEE  ON  A  LETTER  FROM  LADY 

WARREN. 


Mass. 
Archives, 
cclxxxiii.,  65. 

Legislative 

Becords  of  the 

Council,  XX., 

336.    House 

Journal, 

pp.  138, 161, 197, 

198. 


The  Committee  appointed  to  take,  under  Consideration  a  Letter 
from  Lady  Warren,  advising,  that  she  had  wrote  to  her  Agent  to  pay 
to  the  Order  of  this  Governm*'  Seven  hundred  Pounds  Sterling  with 
Interest  from  25  March  1751 :  are  of  Opinion  that  the  Treasurer  be 
directed  to  receive  said  Money,  and  give  a  j^roper  Discharge  for  the 
same ;  and  that  the  Interest  thereof  be  annually  applied  towards  the 
Education  of  Indian  Children,  agreable  to  the  Intention  of  her  late 
Husband  S""  Peter  Warren  deceas'd.  and  that  the  Secretary  be  directed 
to  write  to  Lady  Warren,  &  return  the  Thanks  of  this  Court  to  her 
Ladyship  for  the  Ueadiness  she  has  shown  to  have  this  good  design 
carried  into  Execution.  Which  is  humbly  submitted  by  order  of  tlie 
Committee  And^  Oliver 

Read  & 

Ordered  that  this  Report  be  accepted.      [Passed  January  6. 


Legislative 
Records  of  the 
Council,  XX., 
868.    Mass. 
Archives,  Ixv., 
53^ 

Mass. 

Archives,  Ixv., 
52.    House 
Journal, 
pp.  178, 196. 


CHAPTEE    223. 


ORDER  ALLOWING  £14.  8  AND  A  FURTHER  SUM   OF   £50  TO  ROB^  BALL. 

A  Petition  of  Robert  Ball,  Keeper  of  the  Light  House  on  Beacon 
Island,  setting  forth  the  Difficulty  of  his  Business  &  the  Insuffi- 
ency  of  the  Allowance  made  him  for  his  Support,  &  Praying  for 
an  Allowance  for  his  last  Years  Service,  with  some  Augmentation, 
&  for  reimbursing  hiin  his  Expence  for  Fire  Wood  to  prevent  the 
Oyl  in  the  Lamps  Congealing  in  the  Winter  Season : 

Read  & 

Ordered  that  the  prayer  of  the  pet°  be  so  far  granted  as  that  the 
pet'  Rob*  Ball  be  Allowed  &  paid  out  of  the  Publick  Treasury  the 
Sum  of  fourteen  pounds  eight  shilling  for  the  Cordwood  Expended 
for  the  benefit  of  the  Lights  &  the  further  Sum  of  fifty  pounds  in 
full  for  his  Service  as  Keeper  of  the  Light  House.  [Passed  Jan- 
uary 6. 


CHAPTEE    224 


ORDER  ALLOWING  £2.  13.  4  TO  BENJ^  FOSTER. 


Legislative 
Records  of  the 
Council,  XX., 
368.    Mass. 
Archives, 
ixxiv.,  301. 

Mass. 
Archives, 
Ixxlv.,  301. 
Legislative 
Records  of  the 
Council,  XX., 
275.    House 


A  Petition  of  Benjamin  Foster  an  Officer  in  the  late  Expedition 
on  Kennebeck  River,  shewing  that  by  Means  of  the  Difficulties  en- 
dured in  the  said  Service,  upon  his  Return  he  fell  into  a  dangerous 
Fever,  which  was  expensive.  Praying  that  the  Charge  may  be  paid 
out  of  the  publick  Treas^ 

Read  & 

Ordered  that  the  prayer  of  the  Petition  be  so  far  granted  that 
there  be  Allowed  &  paid  out  of  the  Publick  Treasury  the  Sum  of 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  257 

Two  pounds  thirteen  shillings  &  four  pence  to  the  Petitioner  Benj^  pp^wf/igs. 
Foster   to   enable   him   to   pay  his   Nursing   Docf    &c.     \_Passed 
January  6.^ 

CHAPTER    225. 

ORDER  ALLOWING   £3.  3.  6  TO   JOSEPH  JONES. 

A  Petition  of  Joseph  Jones  a  Soldier  in  the  late  Expedition  Legislative 
upon  Kennebeck  Kiver,  shewing  that  after  his  Eeturn  he  fell  Sick,  coS.xx!?® 
which  put  him  to  great  Expence,  Praying  that  it  may  be  discharged  ^^^j^f^f^^-  ' 
out  of  the  publick  Treas^  ixxiv.,  297. 

Eead  &  Mass. 

Ordered  that  the  prayer  of  the  petition  be  so  far  granted  that  j(^^iv^.^297. 
there  be  Allowed  &  paid  out  of  the  publick  Treasury  to  the  peti-  House  Jo^ur. 
tioner  Joseph  Jones  the  Sum  of  Three  pounds  three  shillings  &  '^^•^^"     ' 
Six  pence  to  Enable  him  to  pay  his  Doct'  &  Nurses  as  mentioned 
in  the  pet".     [Passed  January  7 


CHAPTER    226. 

ORDER  granting  TO  EBEN«  ELLINGWOOD  LICENCE  TO    SELL    STRONG 

DRINK. 

A  Petition  of  Ebenezer  Ellingwood,  shewing  that  he  has  for  Legislative 
some  time  past,  kept  an  Inn  in  the  Town  of  Beverly,  but  being  counc*lf,  xx!f ^ 
now  concerned  in  the  Fishery,  Therefore  Praying  that  the  Court  369.  Mass. 

-»-«  ArcnivGS  CXI 

of  General  Sessions  of  the  Peace  for  the  County  of  Essex,  may  be  336. 
impowered  to  grant  him  a  Licence  to  be  a  Eetailer.  House  Jour- 

Eead  &  nai.pp.mm 

Ordered  that  the  prayer  of  the  petition  be  so  far  granted  as  that 
the  Justices  of  the  Court  of  General  Sessions  of  the  peace  for  the 
County  of  Essex  at  their  Next  Term  be  impowered  (if  they  See 
fit)  to  Licence  the  jjetitioner  to  be  a  retailer  of  Spirituous  Liquors 
in  the  Town  of  Beverly  he  first  Obtaining  the  Approbation  of  the 
Selectmen  of  S*^  Town  the  time  for  granting  of  Licences  being 
Elapsed  Notwithstanding.     [Passed  January  7. 


CHAPTER    227. 

• 

ORDER  DIRECTING  AGENT  BOLLAN  IN  HIS  ADDRESS  TO  HIS  MAJESTY  TO  Legislative 
REQUEST  THAT  THE  MOTIONS  OF  Y^  FRENCH  SHIPS  MAY  BE  WATCH'D.     ^^Jj°^^f  ^J-^^ 

370.    Mass. 

Ordered  that  the  Committee  Appointed  to  prepare  a  Letter  to  ^^ciiives,  xxi., 
M'  Agent  Bollan  be  directed  therein  particularly  to  Instruct  him  Legislative 
to  Address  his  Majesty  that  the  French  Ships  of  War  Coming  to  Records  of  the 
Any  parts  of  North  America  May  be  Watched  &  Suitable  Strength  see^'^Hous^'' 
be  sent  Against  them  for  the  protection  of  the  Colonies.     [Passed  Journal,  p.  199. 
January  7.^ 

*  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  the  date  is  January  7. 

_^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  January  8. 


258 


Province  Laws  {^Resolves, etc.).  — 1754-55.  [Chaps.  228-230.] 


Legislative 
Records  of  the 
Council,  XX., 
369.    Mass. 
Archives, 
Isxiv.,  314. 

Legislative 
Records  of  the 
Council,  XX., 
3-27.    House 
Journal, 
pp.  124,  202. 
Province 
Laws,  iii.,  836, 
note. 


CHAPTEE    228. 

ORDER  ALLOWING   £130  TO  MAJOR  GEN^  WINSLOW. 

Ordered  that  there  be  Allowed  &  paid  out  of  the  publick  Treas- 
ury to  Maj''  General  Winslow  the  Sum  of  One  Hundred  &  thirty 
pounds  in  full  for  his  Services  as  Chief  Commander  of  the  Forces 
sent  the  Last  summer  up  Kenebeck  River  for  building  a  Fort  there. 
\^Passed  January  8. 


Legislative 
Records  of  the 
Council,  XX., 
370.    Mass. 
Arcliives, 
cxxi.,  299. 

Mass. 
Archives, 
cxxi.,  298a. 
House  Jour- 
nal, p.  201. 
Province 
Laws,  iii.,  680, 
chap.  8. 


CHAPTEK    229. 

VOTE    ACCEPTING    THE    REPORT    OF    THE    TRUSTEES    OF    THE    LINNEN 

MANUFACTURE. 

Pursuant  to  an  Act  of  the  Great  &  General  Court,  laying  a  Tax 
on  certain  Wheel  Carriages,  in  Order  to  raise  the  Sum  of  Fifteen 
hundred  Pounds  to  encourage  the  Manufacture  of  Linnen,  We 
the  Subscribers  appointed  Trustees  for  that  Purpose  humbly  offer 
an  Accompt  herewith  of  what  we  have  received  by  Virtue  of  said 
Act,  before  the  first  of  October  1754,  amounting  to  £128.19.3  Law- 
ful Money,  out  of  which  we  have  paid  £115  towards  purchasing  a 
Peice  of  Land,  whereon  has  been  erected  an  House  for  carrying  on 
said  Manufacture ;  We  beg  leave  further  to  report  that  we  have 
been  obliged,  tho  very  unwillingly,  to  sue  many  Persons  who  have 
been  deficient  in  their  Payment,  and  fear,  we  shall  be  obliged  to 
sue  many  more,  who  are  deficient  the  Current  Year. 

Thomas  Gunter  William  Clarke 

W"  BowDOiN  Andrew  Oliver 

MiDDLEcoT  Cook  Thomas  Green 

Eead  &  Accepted.     [^Passed  January  8. 


CHAPTER    230. 


Legislative 
Records  of  the 
Council,  XX., 
370.    Mass. 
Archives,  cxi., 
333. 

House  Jour- 
nal, p.  200. 


ORDER  GRANTING  TO  JOSEPH  WILSON  LICENCE  TO   KEEP  AN  INN. 

A  Petition  of  Joseph  Wilson  of  Boston,  Innholder,  shewing 
that  by  means  of  his  being  engaged  in  the  late  Expedition  East- 
ward he  lost  the  Opportunity  of  renewing  his  Licence  in  the  proper 
Term,  Praying  that  the  Court  of  General  Sessions  of  the  Peace  for 
the  County  of  Suffolk  may  be  enabled  to  do  it  in  their  present  Term, 

Eead  & 

Ordered  that  the  prayer  of  the  petition  be  So  far  granted  as  that 
the  Justices  of  the  Court  of  General  sessions  of  the  peace  for  the 
County  of  Suffolk  at  their  present  Session  be  &  hereby  are  Impow- 
ered  (if  they  think  fit)  to  Licence  the  petitioner  to  be  an  Inholder 
in  the  Town  of  Boston  he  Obtaining  the  Approbation  of  the  Select- 
men of  s''  Town  the  time  for  granting  of  Licences  being  Elapsed 
Notwithstanding.     [^Passed  January  8. 


[1st  Sess.]     Province  Laws  {Resolves^  etc.).  — 1754-55.  259 


CHAPTER    231. 

ORDER  GRANTING  TO  BENJAMIN  PRESCOTT  LICENCE  TO  KEEP  AN  INN, 
AND   TO  ARCHELAUS  PUTNAM  LICENCE  TO  RETAIL  STRONG  DRINK, 

A  Petition  of  Beniamin  Prescot  iun""  &  Archelaus  Putnam  both  i^^'^^i'^l,. 

„i-r-...  fl-r-v  •         ^        A  e   1^  1         •         j_tj_  Kecords  Of  the 

of  the  District  oi  Dan  vers  m  the  County  oi  Jiissex,  shewing  that  Council,  xx., 
they  are  both  of  them  removed  unto  Houses  suitable  for  carrying  Archfves.^cxi., 

on  their  respective  Businesses  hereafter  mentioned,  &  Praying  that  ^^ 

the  Court  of  General  Sessions  of  the  Peace  for  said  County  may  Mass. 

be  impowered  to  grant  them  Licences;  viz*  the  said  Prescot  for  334.  House  "' 

keeping  an  Inn  &  the  said  Putnam  for  retaling  spirituous  Liquors,  pp^2of,^^2. 

Eead  & 

Ordered  that  the  prayer  of  the  Petition  be  so  far  granted  as  that 
the  Justices  of  the  Court  of  General  Sessions  for  the  County  of  Essex 
at  their  Next  Term  be  &  hereby  are  Impowered  (if  they  think  fit) 
to  Licence  the  within  named  Prescott  an  Inholder  &  S*^  Putnam  a 
Eetailer  of  Spirituous  Liquors  in  Said  Danvers  they  Obtaining  the 
Approbation  of  the  Select  men  of  S*^  Danvers  the  time  for  granting 
of  Licences  being  Elapsed  Notwithstanding.     {^Passed  January  8. 


CHAPTER    232. 

ORDER  IMPOWERING  EBEN=  POOL  TO   BRING    FORWARD   A    WRIT    OF 

REVIEW. 

A  Petition  of  Ebenezer  Pool  of  Glocester,  setting  forth  that  LegisiatiTe 
Judgment  went  against  him  by  Default,   in  an  Action  brought  councif, xx.,  ^ 
against  him  by  Peter  Curtis,  at  the  Superiour  Court  for  the  County  ^rcjij^^es^®' 
of  Suffolk,  held  in  August  last ;  which  was  owing  to  the  Pef^  Attor-  xiiv.,  93.' 
ney's  being  at  Halifax  (then  utterly  unknown  to  him)  Therefore  Mass. 
Praying  that  he  may  be  allowed  a  new  Trial,  and  that  in  the  mean  xUv^.'se.^bs. 
Time  the  Execution  against  him  may  be  stayed.  R''°^r!f"of  the 

Eead  and  council,  xx., 

Ordered  that  the  Eeport '  be  Accepted  and  that  the  Petitioner  jourimi°"^^ 
Ebenezer  Pool  on  his  Paying  the  Costs  arising  at  the  Last  Supe-  pp.  hi?,  iss,  203. 
riour  Court  be  &  hereby  is  impowered  to  bring  forward  his  Writt 
of  Eeview  at  the  next  Superiour  Court  of  Judicature  to  be  holden 
at  Boston  within  and  for  the  County  of  Suffolk  on  the  third  Tues- 
day of  February  next  and  the  Justices  of  the  said  Court  hereby  are 
impowered  and  Directed  to  hear  and  try  the  same  enter  up  Judgm* 
and  award  Execution  thereon  He  given  Bond  in  the  Clerk's  Office 
of  the  said  Court  with  sufficient  Security  to  the  Adverse  Party  Peter 
Curtis  to  respond  the  Judgement  that  shall  finally  be  given  on  the 
same  Writt  with  Interest  thereon  from  this  day  to  the  Time  of  Pay- 
ment.    \^Passed  January  8. 

^  The  report  is  not  given  in  Legislative  Records  of  the  Council. 


260 


Province  Laws  {Resolves,  etc.).  — 1754-55.  [Chaps.  233-235.] 


Legislative 
Records  of  the 
Council,  XX., 
371.    Mass. 
Archives, 
Ixxiv.,  295. 

Mass. 
Archives, 
Ixxiv.,  295,  296. 
Legislative 
Records  of  the 
Council,  XX., 
326.    House 
Journal, 
pp.  193,  201. 


CHAPTEE    233. 

ORDER  APPOINTING  A  COMMITTEE   ON  PETITION  OF  PEQUOIG  INHAB^s 

FOR  DEFENCE. 

A  Petition  of  Joseph  Lord  Esq""  &  others,  Lihabitants  of  the 
Plantation  called  Pequoig,  shewing  that  they  are  much  exposed  to 
the  Attacks  of  an  Enemy,  and  Praying  that  the  Non  Eesidents 
may  be  obliged  to  settle  themselves  or  others  upon  their  Lots,  and 
that  some  of  their  Houses  may  be  fortified  at  the  publick  Charge. 

Eead  & 

Ordered  that  the  Committee  Appointed  [by]  '  this  Court  to  Build 
and  rejDair  the  Fortifications  on  the  Frontiers  between  Connecticut  & 
Merimack  rivers  repair  to  poquiog  &  determine  what  Fortresses  are 
Necessary  for  the  defence  of  S"^  Plantation  And  in  Order  to  defray 
the  Charges  of  Building  the  Same  the  Said  Committee  are  hereby 
Authorized  and  Impowered  to  make  Sale  of  Part  of  the  Lands  in 
S*^  Township  of  pequiog  Not  belonging  to  those  Inhabitants  there 
that  have  fulfilled  the  Conditions  of  Settlement  enjoined  by  the 
General  Court  &  Convey  the  Same  by  Deed  or  Deeds  in  due  form 
of  Law  &  make  report  of  their  doings  to  the  General  Court.  {^Passed 
January  8. 


CHAPTEK    234. 


VOTE  DESIRING  THE  CAPTAIN  GENERAL   TO    SEND    CORNELIUS    CAVE- 
NAUGH  TO  BRUNSWICK  FORT. 


Legislative 
Records  of  the 
Council,  XX., 
373.    Mass. 
Archives, 
Ixxiv.,  313. 

Mass. 
Archives, 
Ixxiv.,  313. 
House  Jour- 
nal, pp.  197, 207. 


A  Petition  of  Cornelius  Cavenaugh,  setting  forth  his  many 
Years  Service  as  a  Soldier,  in  divers  Parts  of  his  Majesty's  Domin- 
ions, the  many  Misfortunes  he  has  met  with  therein,  &  his  present 
Indigent  Circumstances,  Praying  that  he  may  be  posted  in  some 
Garrison  of  one  of  his  Majesty's  Forts  in  this  Province, 

Eead  & 

Voted  that  his  Excellency  the  Captain  General  be  desired  to  give 
Orders  that  the  Petitioner  Cornelius  Cavenaugh  be  placed  as  a  Super- 
numerary Soldier  at  Brunswick  Fort.     \_Passed  January  9. 


CHAPTER    235. 


Legislative 
Records  of  the 
Council,  XX., 
374.    Mass. 
Archives, 
Ixxiv.,  303. 

Mass. 
Archives, 
Ixxiv.,  303. 
Legislative 
Records  of  the 
Council,  XX., 
275.    House 
Journal, 
pp.189,  205. 


VOTE  ALLOWING  £3.  14.  8  TO  HENRY  WOODS. 

A  Petition  of  Henry  "Woods  of  Groton  a  Soldier  in  the  late 
Expedition  on  Kennebeck  Eiver,  shewing  that  he  was  taken  sick 
Avhile  he  was  in  the  Service  at  Taconet,  that  he  was  put  to  consid- 
erable Charge  thereby.  Praying  that  this  Court  would  order  Pay- 
ment of  his  Expence  out  of  the  publick  Treasury. 

Eead  & 

Voted  that  there  be  Allowed  &  paid  out  of  the  publick  Treasury 
the  sum  of  Three  pounds  14/8  to  the  petitioner  in  full  of  his  Ace* 
paid  the  Doctor.     [Passed  January  9. 

^  Inserted  from  Legislative  Records  of  the  Council,  xx.,  371. 


[1st  Sess.]     Province  Laws- (i?esoZves,  e^c).  — 1754-55.  261 


CHAPTEE    236. 

ORDER  FOR  CONFIRMING  A  PLAT  OF  1,500  ACRES  OF  LAND  &c^  GRANTED 
TO   JOHN  FRANKLYN,  ISAAC  WINSLOW   &  COMPANY. 

A  Petition  of  John  Franklyn  &  Isaac  Winslow  &  Company,  Legislative 
shewing  that  they  have  procured  the  Fifteen  hundred  Acres  of  councu^,  xx^.l^^ 

Land  granted  to  them  by  the  General  Court  for  encouraging  the  ^ 

Manufacture  of  Potash,  to  be  laid  out,  a  Plan  whereof  is  herewith  House  Jour- 

•  •  nil  D  '■^Ot 

presented,  Including  about  Sixty  four  Acres  more,  which  consider-  pVoVince  ' 
iug  their  Losses  &  Disappointments  they  pray  the  whole  maybe  note^' Antf^' 
confirmed  to  them.  p.  113,  chap.' 

Which  Land  bounds  South  on  the  North  Line  of  Sheffield,  West  " 
on  the  East  Line  of  Stockbridge  partly,  &  partly  on  Land  formerly 
belonging  to  Col°  Ephraim  Williams  dec''  North,  partly  on  said  Land, 
&  partly  on  Capt  John  Larrabees  Land,  &  partly  on  Province  Lands, 
East  on  Province  Lands;  the  first  Bound  is  the  Northwest  Corner  of 
Sheffield,  on  Stockbridge  Line,  thence  North  7^  451113  East,  one  hun- 
dred &  twenty  Eods,  to  said  Land  formerly  Col°  Ephraim  Williams's 
Dec^  Thence  East  1"  45™  South  One  hundred  &  ten  Eods,  thence 
North  44  Deg.  East  Four  hundred  &  eighty  Eods  to  said  Capt  John 
Larrabee's  Land,  Thence  East  H"  45"^  South,  Two  hundred  &  forty 
Eods  to  the  Southeast  Corner  thereof.  Thence  the  same  Course  Four- 
teen Eods ;  Thence  South  7"  45"^  West,  Five  hundred  &  ten  Eods  to 
Sheffield  Line,  Thence  seven  hundred  &  four  Eods  on  Sheffield  Line 
to  the  first  Bound. 

Eead  & 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  granted  as  that 
the  Plan  mentioned  in  the  Petition,  be  &  hereby  is  Accepted,  and 
that  the  Lands  therein  delineated  &  described.  Including  the  Sixty 
three  Acres  &  forty  Eods  laid  down  on  the  East  Side  of  said  Plan, 
be  confirmed  to  the  Petitioners  &  Company  their  Heirs  &  Assigns 
for  ever.  Provided  the  whole  contain  no  more  than  Fifteen  hundred 
&  Sixty  three  Acres  &  forty  Eods,  and  does  not  interfere  with  any 
former  Grant,  Provided  also  that  the  said  Petitioners  &  Company  be 
at  the  Charge  of  obtaining  the  Indian  Title  to  said  Lands.  [Passed 
January  9. 


CHAPTEE    237. 

VOTE    DESIRING    THE    CAPTAIN    GENERAL    TO  ENLIST  A  GUARD  FOR 
DEFENCE   OF  NUMB"  FOUR. 

A  Petition  of  Phineas  Stevens  in  behalf  of  the  Inhabitants  of  Rgfo^dfof  the 

the  Plantation  called  Number  four,  setting  forth  their  great  Danger  council,  xx., 

from  the  Indian  Enemy,  who  have  already  captivated  a  whole  Family  Archi^esT' 

belonging  to  that  Place ;  Praying  for  Eelief  &  Protection  from  this  cxyji.,  3. ' 

Government.  Mass. 

-i->       TO  Archives, 

Kead  &  cxvii.,  1. 

Voted  that  his  Excellency  the  Captain  General  be  desired  to  Im-  na^i^pp^s^ooo, 
power  Cap*  Phinehas  Stevens  within  named  or  Such  other  person  204.' 
as  he  shall  think  proper  to  Inlist  Fifteen  able  bodied  effective  men 
to  enter  into  the  service  as  Soldiers  on  the  fifteenth  day  of  Feb''^ 
next  for  the  defence  &  protection  of  the  Inhabitants  of  N°  4  on 


262 


Province  Laws  {Resolves^  etc.).  — 1754-55.  [Chaps.  238-241.] 


Connecticut  Eiver  to  be  Continued  in  the  service  until  the  fifteenth 
of  October  Next  or  Until  his  Majesties  pleasure  respecting  S*^  In- 
habitants be  known  provided  it  be  before  the  S*^  fifteenth  of  October. 
{^Passed  January  9. 


CHAPTER    238. 


ORDER  ALLOWING  £2.  14  TO  PHIN^  OSGOOD. 


Legislative 
Records  of  the 
Council,  XX., 
375.    Mass. 
Archives, 
Ixxiv.,  312. 

House  Jour- 
nal, pp.  191, 20,5. 


A  Petition  of  Phineas  Osgood  a  Captain  in  the  late  Expedition, 
under  Major  General  Winslow,  shewing  that  in  making  up  his  Muster 
Roll,  by  Mistake  he  ommitted  charging  the  Bounty  Money  he  paid, 
to  six  Men,  who  afterward  deserted  from  the  Castle,  Praying  that  he 
may  be  allowed  the  same : 

Read  & 

Ordered  that  the  prayer  of  the  petition  be  so  far  Granted  &  that 
there  be  Allowed  &  paid  out  of  the  publick  Treasury  the  Sum  of 
Two  pounds  fourteen  shillings  in  full  Discharge  of  the  Sums  advanced 
by  the  pet^     [Passed  January  9. 


Legislative 
Records  of  the 
Council,  XX., 
376.    Mass. 
Archives, 
xliv.,  99. 

House  Jour- 
nal, p.  203. 


CHAPTER    239. 

ORDER  ALLOWING  £750  TO  THE  JUDGES. 

Ordered  that  the  Sum  of  Seven  Hundred  &  fifty  pounds  be  Allowed 
&  paid  out  of  the  publick  Treasury  to  the  Hon^^^  Justices  of  his  Maj* 
Superiour  Court  of  Judicature  Court  of  Assize  &  General  Goal  De- 
livery for  their  service  for  one  Year  ending  the  first  of  Jan''^  Currant. 
[Passed  January  10. 


CHAPTER    240. 


Legislative 
Records  of  the 
Council,  XX., 
376.    Mass. 
Archives, 
xlix.,  411. 

House  Jour- 
nal, p.  203. 


ORDER  ALLOWING  £50  TO   THE   SECRETARY. 

Ordered  that  the  sum  of  fifty  pounds  be  granted  &  Allowed  to 
be  paid  out  of  the  publick  Treasury  to  Josiah  Willard  Esq"^  secretary 
of  this  province  in  full  for  his  service  for  one  Year  Ending  the  third 
day  of  December  last.     [Passed  January  10. 


CHAPTER    241. 


Legislative 
Records  of  the 
Council,  XX., 
376.    Mass. 
Archives, 
xlix.,  413. 

House  Jour- 
nal, p.  204. 
Supra,  chap. 
240. 


ORDER  ALLOWING  £92  ADDlTi-  TO  THE  SECRETARY. 

Ordered  that  the  sum  of  Ninety  Two  pounds  be  granted  &  paid 
out  of  the  publick  Treasury  to  Josiah  Willard  Esq''  secretary  &c  in 
Consideration  of  his  Extraordinary  services  ending  on  the  third  day 
of  December  last.     [Passed  January  10. 


[1st  Sess.]     Province  Laws  {Besolves,  etc.).  — 1754-55. 


263 


CHAPTER    242. 


ORDER  ALLOWING  £12  TO  THE  CHAPLAINS  OF  THE  COURT. 

In  the  House  of  Eep«  RefSofthe- 

Ordered  that  there  be  Allowed  &  paid  out  of  the  Publick  Treas-  g°^°^^jifg^' 
■ury  the  Sum  of  Twelve  pounds  one  Half  to  the  Eeverend  Chaplain  Archives,  xiii., 

of  the  Hon*^'^  Board  the  present  Year;  The  other  Half  to  the  rev-  ?H^ 

erend  Doct  Sewall  Chaplain  of  this  House  for  their  respective  ser-  na°"p®2oT^' 


vices  the  present  year 
In  Council  Read  &  Concurd. 


[^Passed  January  10. 


CHAPTER    243. 

ORDER  ALLOWING  £150  TO  THE   COMMISSI  GENERAL.  Legislative 

Records  of  the 
Council,  XX., 

Ordered  that  there  be  granted  &  Allowed  to  be  paid  out  of  the  ^rchi^es^^' 
publick  Treasury  the  sum  of  One  Hundred  &  fifty  pounds  to  John  Lxxiv.,31'5, 
Wheelwright  Esq'  Commissary  General  for  his  service  in  that  Office  House  Jour, 
for  one  Year.     \_Passed  January  10.  ^^^'  p-  '^^^• 


CHAPTER    244. 


ORDER  ALLOWING   £50  TO  L^  JOHN  LARRABEE.  Legislative 

Records  of  the. 
Council,  XX., 

Ordered  that  there  be  Allowed  and  paid  out  of  the  publick  Treas-  ^e.  Mass. 
ury  the  sum  of  fifty  pounds  to  John  Larrabee  Lieutenant  of  his  Maj^  ixxiv.,  317. 
Garrison  at  Castle  William  in  Consideration  of  hisfaithfull  Discharge  House  Jour.^. 
of  the  Trust  reposed  in  him.     \_Passed  January  10.  "^^^^  p-  '^^'- 


CHAPTER    245. 


ORDER  ALLOWING  3/  PER  DIEM  TO  THE  SPEAKER. 

Ordered  that  there  be  granted  &  Allowed  to  be  paid  out  of  the  Legislative 
Publick  Treasury  the  sum  of  Three  shillings  ^  Diem  to  the  Hon"'^  coSxx!/ 
Tho'  Hubbard  Esq"'  Speaker  of  the  House  for  every  day  of  His  Attend-  376.  mAss.  ' 
ance  in  the  General  Court  from  the  Opening  of  the  session  on  the  xiix.,  415.' 
29  day  of  May  1754  over  &  Above  his  pay  as  a  member  of  the  House.  House  Jour- 
[Passed  January  10.  nai,p.206. 


264 


Province  Laws  {Resolves,  etc.).  — 1754-55.  [Chaps.  246-248.] 


CHAPTEE    246. 


Legislative 
Records  of  tlie 
Council,  XX., 
376. 

Mass. 
Archives, 
Ixxiv.,  316. 
House  Jour- 
nal, pp.  3G,  43. 
Ante,  p.  189, 
chap.  57. 


VOTE  REQUESTING  MR.   AGENT  BOLLAN  TO  PURCHASE  FIRE  ARMS. 

Voted  that  M"'  Agent  Bollan  be  desired  to  i)rocure  &  ship  to  Boston 
as  soon  as  may  be  for  this  Province  Two  Thousand  five  hundred  Fire 
Arms  with  a  Bayonet  &  Sling  to  each,  but  no  Cartouch  Box ;  the  said 
Arms  to  be  four  Inches  longer  than  the  Pattern  Gun  sent  by  him  to 
this  Court ;  but  in  all  other  Respects  to  be  agreable  thereto :  That 
the  said  M"'  Bollan  be  authorized  &  impowered,  and  he  is  hereby 
authorized  &  impowered  to  contract  &  agree  in  behalf  of  this  Gov- 
ernment with  any  Person  or  Persons  for  the  said  Arms  &  Accoutre- 
ments on  the  best  Terms  he  can,  or  to  borrow  of  any  Person  or 
Persons  a  Sum  of  Money  sufficient  to  purchase  &  defrey  the  Cost 
of  said  Arms,  to  be  paid  for  in  one  or  two  Years  as  may  be  agreed 
on,  with  Interest  till  paid  (at  the  lowest  Rate  that  can  be  agreed 
for;)  Or  if  Money  be  borrowed  for  the  said  Purchase,  to  be  repaid 
■within  the  Term  of  Two  or  more  Years  with  Interest  as  aforesaid 
till  paid ;  And  this  Court  hereby  promise  to  &  with  the  said  M' 
Agent  Bollan,  or  the  Person  or  Persons  he  may  purchase  or  borrow 
of  as  aforesaid  that  they  will  repay  for  said  Arms  or  the  Money 
borrowed  for  the  Purchase  of  them,  with  the  Interest,  &  according 
to  the  Time  which  may  be  agreed  on  as  aforesaid;  And  M^  Agent 
Bollan,  is  hereby  directed  in  Case  he  procure  said  Arms  to  insure 
the  same.     [^Passed  January  10. 


Legislative 
Records  of  the 
Council,  XX., 
378.    Mass. 
Archives,  ciii., 
293. 

House  Jour- 
nal, p.  206. 


CHAPTER    247. 

ORDER  ALLOWING  £200   TO  THE   TREAS^ 

Ordered  that  the  sum  of  Two  Hundred  pounds  be  granted  & 
allowed  out  of  the  Publick  Treasury  To  Harrison  Gray  Esq'  Treas- 
urer »&  receiver  General  of  his  Maj"  Revenues  of  this  province  for 
a  Years  service  ending  the  23*^  of  December  last.  {^Passed  Jari- 
uary  10. 


CHAPTER    248 


Legislative 
Records  of  the 
Council,  XX., 
378.    Mass. 
Archives, 
xlix.,412. 

House  Jour- 
nal, p.  207. 


ORDER  ALLOWING  £60  TO  THE  DOORKEEPER. 

Ordered  that  there  be  Allowed  &  paid  out  of  the  publick  Treas- 
ury the  sum  of  Sixty  pounds  to  M'  William  Baker  Doorkeeper  to 
his  Excellency  the  Governour  &  this  Court  for  his  service  for  one 
Year  to  be  paid  quarterly  And  Also  the  further  Sum  of  Forty  pounds 
in  Consideration  of  his  Expence  in  hireing  Assistance  &  Extraor- 
dionary  Care  &  Trouble  as  Door  keeper.     {Passed  January  10. 


[1st  Sess.]     Province  Laws  {^Resolves,  etc.).  — 1754-55.  265 


CHAPTEK    249. 

ORDER  ALLOWING   £40  TO  THE   CHAPLAIN  OF  CASTLE   WILLIAM.         Legislative 

Records  of  the 
Council,  XX., 

Ordered  that  there  be  granted  &  Allowed  to  be  paid  out  of  the  ^9.  Mass. 
piiblick  Treasury  to  M'  John  Phillips  Chaplain  of  his  Maj^  Castle  eis?  ^'^'^''' -'''"•• 
William  the  sum  of  Forty  pounds  as  a  Gratuity  for  his  service  in  House  .Jour, 
that  trust  the  year  past.     \_Passed  January  10.  p-  -^• 


CHAPTER    250. 

ORDER  ALLOWING  12/  PER  DIEM  TO  THE   CLERK  OF  THE  HOUSE.        Legislative 

Records  of  the 
Council,  XX., 

Ordered  that  Oliver  Partridge  Esq''  Clerk  of  the  House  of  Rep-  3-9.  Mass. 
resentatives  be  Allowed  &  paid  out  of  the  publick  Treasury  the  xUx.,7i4.' 
sum  of  Twelve  shillings  ^  Diem  for  his  service  during  the  several  House  Jour- 
sessions  of  the  General  Court  the  Currant  Year.     \^Passed  Jan-  nai,  p,206. 
^lary  10. 


CHAPTER    251. 

ORDER  ALLOWING   £40  TO  THE  CHIEF  JUSTICE.  Legislative 

Records  of  the 
Council,  XX., 

Ordered  that  the  sum  of  Forty  pounds  be  granted  &  paid  out  of  379.  Mass. 
the  publick  Treasury  to  the  Hon^**  Stephen  Sewall  Esq''  in  Consid-  xMv.,  100! 
eration  of  his  faithfull  discharge  of  the  important  trust  reposed  in  House  Jour- 
him  as  Chief  Justice  And  for  his  further  encouragement  therein,  nai.  p—ot. 
\^Passed  January  10. 


CHAPTER    252. 

ORDER  DIRECTING  THE  SECRETARY  TO   SEND   A   COPY    OF    THE    VOTE 
FOR  PURCHASING  ARMS   TO   MR.   AGENT  BOLLAN. 

Ordered  that  the  Secretary  send  to  M'  Agent  Bollan  by  the  first  i^^^^'f^^P.u 
Vessel  that  will  sail  for  any  Port  of  Great  Britain  a  Copy  of  the  council,  xx., 
Vote  of  this  Court  for  his  Purchasing  Fire  Arms  &c,  to  be  authen-  Archives^.^xxi., 

ticated  under  the  Province  Seal  &  a  Duplicate  thereof,  by  the  Vessel  '^^ 

that  shall  Sail  for  Great  Britain  next  after,  with  a  proper  Letter  ^w<e,p.264, 
accompanying  the  same.'     [Passed  January  10.^  c  ap. • 

''■  Not  found  in  the  House  Journal. 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  January  11. 


266 


Province  Laws  {Besolves,  etc.).  — 1754-55.  [Chaps.  253,  254.] 


CHAPTEK    253. 


Legislative 
Records  of  tlie 
Council,  XX., 
3til.    Mass. 
Archives, 
Ixxlv.,  319. 

Ante,  p.  264, 
chap.  246. 


VOTE  DIRECTING  THE  SECRETARY  TO   WRITE   TO  MR.   AGENT  BOLLAN 
TO  PURCHASE  GUN  POWDER. 

Voted  that  the  secretary  be  directed  to  write  to  M'"  Agent  Bollan 
by  the  first  Ship  to  purchase  for  the  Province  (upon  the  same  Con- 
ditions of  payment  as  he  is  directed  by  a  Vote  of  this  Court  Passed 
this  session  to  purchase  3,500  fire  Arms)  the  Quantity  of  Fifteen 
Hundred  Barrells  of  good  Gun  Powder  One  third  thereof  to  be 
Canon  Powder  and  the  other  Two  thirds  to  be  Pistol  Powder  and 
also  twenty  thousand  of  the  best  Flyuts  &  Ship  the  same  by  the 
first  good  Oppertunity  for  this  province  and  Insure  the  Same.* 
\_Passed  January  11. 


CHAPTEE    254. 


Legislative 
Records  of  the 
Council,  XX., 
381.    Mass. 
Archives, 
xlvi.,  390,  392. 

Mass. 
Archives, 
xlvi.,  .376-392. 
Ante,  p.  28, 
chap.  57. 


ORDER  APPOINTING  A  COMMITTEE  ON  THE    AFFAIR    OF    THE    LANDS 
WESTWi^  OF   SHEFFIELD   &   STOCKBRIDGE. 

Whereas  divers  Persons  have  at  different  Times  taken  up  Tracts 
of  the  Province  Lands,  &  made  Improvem*^*  thereon,  without  any 
Grant  or  Licence  from  this  Court,  And  in  particular  great  Ini- 
provem*^  have  been  made  Westward  of  the  Towns  of  Sheffield  & 
Stockbridge,  &  that  the  Setlers  there  have  made  their  repeated 
Applications  to  be  quieted  in  their  Possessions ;  Therefore 

Ordered  that  a  Committee  be  chosen  &  appointed  by  this  Court 
to  repair  as  soon  as  may  be  to  the  Western  Parts  of  the  Province 
to  make  Inquiry  into  the  Circumstances  of  s''  Settlem*%  And  they 
are  hereby  fully  impowered  in  behalf  of  this  Province  to  quit  Claim 
to  any  &  all  of  said  Settlers,  their  or  any  Part  of  their  Possessions 
respectively,  according  to  the  Discretion  of  said  Comm^^  upon  such 
moderate  quit  Rent  or  other  Acknowledgment  as  shall  be  thought 
equitable;  And  that  the  s*^  Comm'^®  be  impowered  and  required  to 
depute  or  appoint  one  or  more  suitable  persons  (to  have  a  reasonable 
allowance  for  their  trouble)  whose  business  it  shall  be  from  time  to 
time  to  inspect  the  state  of  the  Province  Lands  in  those  parts  &  to 
give  immediate  information  to  this  Court  when  &  so  often  as  any 
new  possession  shall  be  taken.  And  the  Committee  of  this  Court 
are  likewise  to  make  inquiry  into  the  state  of  those  Province  lands 
which  are  not  yet  improved  or  possessed  and  to  consider  in  what 
manner  it  will  be  most  convenient  to  bring  forward  the  settlement 
thereof  in  order  to  strengthen  that  part  of  the  Frontier.  And  they 
are  to  make  report  of  their  doings. 
In  Council 

Ordered''  that  Samuel  Watts  Esqr  with  such  as  the  honourable 
House  shall  appoint  be  the  Committee  of  this  Court  for  giving  a 
quit  claim  to  such  persons  as  have  made  improvements  upon  the 
province  Lands  West  of  Sheffield  &  Stockbridge  without  grant  or 
licence  from  this  Court  and  f-or  the  several  other  purposes  men- 
tioned in  the  Vote  of  the  Court  of  this  day 

In  the  House  of  Eep^  Eead  &  Concurred  &  Col  Bradford  &  Cap' 
Livermore  are  Joined  in  the  Affair.     \^Passed  January  11. 

1  Not  found  in  the  House  Journal. 

'  This  order  does  not  appear  in  Legislative  Records  of  the  Council. 


[1st  Sess.]     Province  Laws  {Resolves^  etc.).  — 1754-55.  267 


CHAPTER    255. 

ORDER  ALLOWING  £28.  13. 4  AND  A    FURTHER    SUM    OF    £8    TO    JOSEPH 

KELLOG,  ESQ^ 

A  Petition  of  Joseph  Kellog  of  Suffielcl  Esq''  shewing  that  he  Legislative 
has  served  this  Government  as  Interpreter  of  the  Mohawk  Lan-  councff  xx!^^ 
guage,  for  fifteen  Years  past,  as  Occasion  has  required,  for  which  3^'^- 
he  has  had  no  Consideration,  Therefore  Praying  for  an  "Allowance  Mass. 
therefor,  as  also  for  a  Sum  of  Money  he  lost  in  the  Indian  School  xxxu^^Its. 
at  Stockbridge,  when  it  was  burnt  down ;  FoS*^^® '^'^^^'oaq 

T-,       T     ■>  nal,  pp.1/3,208, 

Kead  &  212.    Pr9vince 

Ordered  that  the  within  mentioned  Joseph  Kellog  Esq'"  be  allowed  Sf^^'ee!^''^^' 
the  Sum  of  Twenty  eight  Pounds,  thirteen  shillings  &  four  pence 
for  his  Services,  while  Interpreter  for  the  Mohawk  Indiail  Children 
at  Stockbridge,  out  of  the  Interest  of  the  Moneys  appropriated  by 
Sir  Peter  Warren  dec*^  for  the  Education  of  Mohawks;  &  that  the 
said  Kellog  be  further  allowed  out  of  the  publick  Treasury  the  Sum 
of  Eight  Pounds  in  full  for  his  Services  as  Interpreter  at  the  Con- 
gress at  Albany,  the  last  Summer.     \_Passed  January  11. 


268 


Province  Laws  {Besolves,etc.).  — 1754-55.  [Chaps.  256,  257.] 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston^ 
ON  the  Fifth  Day  of  February,  A.D.  1755. 


CHAPTEE    256 


Legislative 
Records  of  the 
Council,  XX., 
385.    Mass. 
Archives, 
Ixxiv.,  326. 

Mass. 
Archives, 
Ixxiv.,  326. 
House  Jour- 
nal, p.  216  bis. 
Ante,  p.  24, 
chap.  41. 


VOTE  DESIRING  THE  CAP^  GENERAL  TO  POST  JOSIAH  MEAD  AT  CASTLE 

WILLIAM. 

A  Petition  of  Josiah  Meads  shewing  that  he  has  served  His  Maj- 
esty as  a  Soldier  for  near  thirty  Years,  partly  in  this  Province  & 
partly  in  Nova  Scotia,  where  he  was  discharged  as  an  Invalid,  and 
has  for  sometime  had  an  Annual  Pension  from  this  Court;  but  that 
not  being  sufficient  for  his  Support,  Therefore  Praying  for  an  Addi- 
tional Allowance,  or  some  other  Eelief. 

Eead  & 

Voted  that  his  Except  the  Captain  General  be  desired  to  Post  the 
pef  Josiah  Meads  as  a  Supernumery  at  his  Maj*  Castle  William  And 
that  as  Such  he  be  Subsisted  as  a  Common  soldier  &  that  his  Pen- 
sion of  Porty  shillings  ^  annum  from  his  time  of  Entrance  there 
Shall  determine  &  Cease.     [Passed  Felruary  7. 


CHAPTEE    257. 


Legislative 
Records  of  the 
Council,  XX., 
3S5.    Mass. 
Archives, 
xliv.,  151. 

House  Jour- 
nal, p.  217. 
Province 
Laws,  iii.,  64, 
chap.  32. 
Ante,  p.  237, 
chap.  169. 


VOTE  AND  ORDER  ON  THE  PETITION  OF  JEREMIAH  WILLIAMS    &   JOHN 
DOWSE  TO  ENTER  AN  APPEAL. 

Upon  Suggestion  that  the  Order  of  the  Great  &  General  Court 
made  and  Passed  on  the  Seventeenth  Day  of  December  Last  upon 
the  Petition  of  Jeremiah  Williams  and  John  Dowse  has  not  been 
complyed  with  and  that  the  Said  Jeremiah  Williams  made  his  motion 
to  the  Justices  of  The  Inferiour  Court  of  Common  Pleas  held  at 
Boston  in  and  for  the  County  of  Suffolk  on  the  first  Tusday  of 
January  Last  to  have  the  Benefit  of  that  Order  and  that  the  Same 
was  not  Granted  but  the  Consideration  thereof  continued  to  the 
next  Term  by  Eeason  of  Some  Doubt  whether  the  Eespective  Courts 
were  fully  Impowerd  Avithout  new  Process  to  proceed  to  Tryal  and 
motion  being  made  that  Such  further  order  on  the  Premises  might 
be  made  as  that  they  might  be  hereafter  no  Difficulty  In  that  Eespect 

Voted  and 

Ordered  that  the  Eeference  Eeport  and  Judgments  Complained 
of  In  the  Petition  be  &  hereby  are  Declared  null  and  Void  and 
the  Justices  of  the  Inferiour  Court  of  Common  Pleas  next  to  be 
liolden  at  Boston  in  and  for  the  County  of  Suffolk  on  the  first 
Tusday  of  Aprill  next  are  hereby  Directed  and  Impowered  to  hear 


[2d  Sess.]     Province  Laws  {Resolves^  etc.).  —  1754-55.  269 

and  Try  the  Cause  between  the  Said  Williams  and  John  Moray  men- 
tioned in  the  Petition  to  Enter  up  Judgment  and  Award  Execution 
thereon  In  the  Same  manner  as  fully  to  all  Intents  &  Purposes  as 
if  the  Same  had  Stood  continued  and  no  Reference  had  been  Entred 
into  or  Judgment  been  Rendred  thereon  and  that  the  Justices  of 
the  Court  of  Sessions  of  the  Peace  to  be  held  at  Boston  in  and  for 
the  County  of  Suffolk  on  the  first  Tusday  of  April  next  are  hereby 
directed  &  Impowered  to  hear  and  Try  the  Appeal  mentioned  in 
said  Petition  Enter  up  -Judgment  and  &  '  Award  Execution  in  the 
Same  manner  and  as  fully  to  all  Intents  and  Purposes  as  If  the  Same 
had  Stood  Continued  and  there  never  had  been  any  Reference  or 
Judgment  of  The  Court  of  Sessions  thereon.     [^Passed  February  7. 


CHAPTER    258. 

ORDER  GRANTING  TO  AARON  WOOD  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Aaron  Wood  of  Rowley,  setting  forth  the  Con-  Legislative 
veniency  of  his  House  &  the  Situation  thereof  for  an  Inn,  which  councff  xx!^^ 
has  been  kept  there  for  some  Years  past,  therefore  Praying  that  385.  Mass.  ' 
the  Court  of  General  Sessions  of  the  Peace  for  the  County  of  Essex  ass.    ^   '  '  "' 
may  be  impowered  to  grant  him  Licence  to  keep  an  Inn  there.  Mass 

Read  &  ...  s^T^'Ho'use'''" 

Ordered  that  the  prayer  of  the  petition  be  granted  &  that  the  Journal,  p.  i\^. 
Justices  of  the  Court  of  General  sessions  of  the  peace  for  the  County 
of  Essex  at  their  Next  Term  be  &  hereby  are  Impowered  (if  they 
think  fit[)]  to  Licence  the  pef  to  be  an  Inholder  in  the  Town  of 
Boxford  he  Obtaining  the  Approbation  of  the  select  men  of  S*^  Town 
the  time  for  granting  of  Licences  being  elapsed  Notwithstanding. 
\^Passed  February  7. 


CHAPTER    259. 

ORDER  granting  TO   THO^   TRACY  LICENCE   TO  KEEP  AN  INN. 

A  Petition  of  Thomas  Tracey  of  Pembrook,  shewing  that  the  Legislative 
Select  Men  of  said  Town  have  certified  their  Approbation  of  the  councff, xx!f ^ 
Petitioners  keeping  a  Tavern  there.  Praying  that  this  Court  would  sse.   Mass. 

\rciiiVGS  CXI, 

impower  the  Court  of  General  Sessions  of  the  Peace  for  the  County  342. 
of  Plymouth  to  grant  him  a  Licence  accordingly.  Mass. 

■Rporl   Rr  Archives,  cxi., 

-t^®'"-'^  '^  841.    House 

Ordered  that  the  prayer  of  the  petition  be  granted  and  that  the  Journal,  p.  215. 
Justices  of  the  Court  of  General  sessions  of  the  peace  for  the  County 
of  Plymouth  at  their  Next  Term  be  &  hereby  are  Impowered  (if  they 
think  fit[)]  to  Licence  the  pef  as  Inholder  in  the  Town  of  Pembrook 
he  Obtaining  the  Approbation  of  the  selectmen  of  S"^  Town  the  time 
for  Granting  of  Licences  being  elapsed  Notwithstanding.  [^Passed 
February  7. 

»  Sic. 


270  Province  Laws  {Resolves,  etc) .  —  1754-55.  [Chaps.  260,  261.] 


CHAPTER    260. 


Legislative 
Records  of  the 
Council,  XX., 

386.    Mass. 
Archives,  cxi., 
340. 

Mass. 

Archives,  cxi., 
339.    House 
Journal, 
pp.  214,  215. 


ORDER  GRANTING  TO   SAM^  HAYDEN  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Samuel  Hayden  of  Medford,  shewing  that  he  has 
lately  hired  a  House  in  said  Town,  which  for  Thirty  Years  past  has 
been  licenced  as  a  Tavern;  Praying  that  this  Court  would  impower 
the  Court  of  General  Sessions  of  the  Peace  for  the  County  of  Mid- 
dlesex to  grant  a  Licence  to  the  Petitioner  to  keep  a  Tavern  there. 

Eead  & 

Ordered  that  the  prayer  of  the  petition  be  granted  and  that  the 
Justices  of  the  Court  of  General  sessions  of  the  peace  for  the  County 
of  Middlesex  at  their  next  Term  be  &  hereby  are  impowered  (if  they 
think  fit)  to  Licence  the  pef  to  be  an  luholder  in  the  Town  of  Med- 
ford he  Obtaining  the  Approbation  of  the  selectmen  of  S^  Town 
the  time  for  granting  of  Licences  being  elapsed  Notwithstanding. 
[Passed  February  7. 


CHAPTER    261. 


Legislative 
Records  of  the 
Council,  XX., 
392. 

Mass. 

Archives,  vi., 
lS4;lxv.,55,57. 
House  Jour- 
nal, pp.  218, 219. 
Province 
Laws,  iii.,  837, 
note.    Ante, 
p.  186,  chap.  43. 


VOTE  IN  REGARD   TO  EXPORT^  OF  PROVISIONS  &c\ 

Voted  that  the  Impost  Officer  &  his  Deputy  for  &  during  the  Term 
of  twelve  Weeks,  be  &  hereby  are  directed  &  impowered  to  demand 
from  the  Master  of  every  Vessel  which  shall  clear  out  from  any  Port 
within  this  Province,  an  Account  upon  Oath  of  all  Provisions  and 
Warlike  Stores  laden  or  intended  to  be  laden  on  board  such  Vessel 
before  her  Sailing,  and  whensoever  it  shall  appear  to  the  said  Officer 
or  Deputy  that  any  Vessel  has  on  board,  or  that  there  is  intended 
to  be  laden  on  board  any  Vessel  more  Provisions  or  Warlike  Stores 
than  is  necessary  for  the  victualling  &  Defence  of  such  Vessel  on 
her  proposed  Voyage,  said  Officer  shall  require  the  Master  of  such 
Vessel  to  give  Bond  with  Sureties  in  the  Penalty  of  One  Thousand 
Pounds  Sterling,  that  all  such  Provisions  &  Stores  of  War  shall  be 
landed  in  some  Port  within  his  Majesty's  Dominions,  &  Certificate 
returned  from  the  Chief  Officer  of  the  Customs  of  such  Port,  or 
if  it  be  at  a  port  where  there  is  no  Officer  of  the  Customs,  then 
from  the  Chief  Magistrate  that  all  such  Provisions  &  Stores  of  War 
have  been  landed  accordingly.  And  his  Excellency  the  Governour 
is  desired  to  give  Orders  that  no  Vessel  having  Provisions  &  War- 
like Stores  on  board  as  aforesaid  be  cleared  at  the  Naval  Office, 
untill  Bond  shall  have  been  given  as  above  directed;  and  that  any 
Vessel  already  cleared  out  and  suspected  to  have  any  Quantity  of 
Provisions  &  Warlike  Stores  on  board  be  detained  untill  Security  be 
given  as  aforesaid ;  And  that  his  Excellency  be  likewise  desired  as 
soon  as  he  shall  think  proper  to  acquaint  his  Majesty's  several  Gov- 
ernours  on  the  Continent  with  this  Order,  &  desire  that  the  like 
Care  may  be  taken  within  the  several  Governments.  [Passed  Feb- 
ruary 8. ' 

1  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  February  10. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  271 


CHAPTER    262. 

ORDER  ACCEPTING  THE  REPORT  OF  THE   COMMITTEE   IN    REGARD    TO 
THE   CAPTIVES  IN  CANADA. 

Pursuant  to  the  Directions,  ["to  consider  of  some  proper  Method  R|fords"of  the 
for  the  Redemption  of  the  Captives  now  in  Canada,  belonging  to  this  Council, xx., 
Province."  —  Legislative  Records  of  the  Council,  xx.,  392]  the  Com-  Archives?' 
mittee  have  attended  the  Service  assigned  them ;  And  are  humbly  of  i^xiv.,  328. 
Opinion  that  it  is  not  Convenient,  at  this  time,  for  the  Court  to  employ  Mass. 

•  J.         •/      A.rCLllVGS 

any  Person  in  purchasing  Captives  belonging  to  this  Province;  now  ixxiv., 3'27. 
in  Canada,  It  appearing  to  the  Committee  that  the  Indians  have,  by  Refords'onhe 
Means  of  such  Purchases  been  encouraged  to  continue  their  Depreda-  Coungi,  xx., 
tions  upon  our  Frontiers ;  And  the  Committee  are  further  of  Opinion,  Journal, 
that  no  effectual  Way  can  be  projected  to  put  an  End  to  these  Depre-  province^'' 
dations  but  by  revenging  the  Injury  upon  the  Indians  themselves,  or  Laws,xiv.,604, 
upon  those  by  whom  they  were  employed.  "Which  is  humbly  ^  ^  ^' 

submitted.  Per  Samuel  Watts  per  Order. 

Read  and 

Ordered  that  this  Report  be  Accepted.     [^Passed  February  11. 


CHAPTER    263.  L^trKtne 

Council,  XX., 
393     Mass 
ORDER  AND  VOTE  PERMITTING  THE   EXPORT  OF  CODFISH  TO  EUROPE.  Archives,  Ixv., 

60. 


Ordered  that  the  Impost  Officer  in  taking  Bonds  to  prevent  the  ]^a°i"p^ -^jT^" 
exportation  of  Provisions  t&c  According  to  the  resolve  of  this  Court  Province ' 
of  Saturday  last  be  directed  to  Exempt  Cod  Fish  Exported  to  Europe  note^'^Antf,'' 
And  it  is  Accordingly  •  p!  270  chap- ^' 

Voted  that  all  persons  have  free  Liberty  to  export  Fish  as  afores*^  261' 
the  S*^  Order  Notwithstanding.     [Passed  February  12. 


CHAPTER    264. 

ORDER  SUBSTITUTING  MR  PHINEAS  HAYWOOD  FOR  CAP^  RUGGLES  ON  Legislative 

THE  COMMITTEE  TO  FARM  EXCISE  IN  THE   COUNTY   OF  WORCESTER.     Records  of  the 

Council,  XX., 
394.    Mass. 

Ordered  that  M""  Phineas  Haywood  be  of  the  Committee  to  Farm  ^ychives.cxx., 
out  the  Excise  on  Spirituous  Liquors  in  the  County  of  Worcester  Hougg  Jour- 
in  the  room  of  Cap*  Ruggles  who  desires  to  be  Excused.     [Passed  naJ.  p-  -^■ 
February  13.  chap.  197. 


CHAPTER    265. 

ORDER  ALLOWING  £100  TO  D''  WIGGLESWORTH. 

Ordered  that  there  be  granted  &  Allowed  to  be  paid  out  of  the  Legislative 
Publick  Treasury  to  the  Rev''  D^  Edward  Wigglesworth  Hollisian  ^^;j«^cff^  ^*^';f 
Professor  of  Divinity  at  Harvard  College  in  Cambridge  the  Sum  394.  Mass. 


272 


Province  JjXws,  {Resolves,  etc.) .  — 1754-55.  [Chaps.  266-269.] 


Archives, 
Iviii.,  416. 


Hoiise  Jour- 
nal, p.  225. 


of  One  Hundred  pounds  as  a  gratuity  in  Consideration  of  his  faith- 
ful discharge  of  the  Great  &  Important  Trust  reposed  in  him  &  for 
his  further  Encouragement  therein.     [^Passed  February  13. 


CHAPTER    266. 


ORDER  ALLOWING  £250  TO   REV"  EDWARD  HOLYOKE. 


Legislative 
Records  of  the 
Council,  XX., 
394.    Mass. 
Archives, 
Iviii.,  416. 

House  Jour, 
nal,  p.  225. 


Ordered  that  the  sum  of  Two  Hundred  &  fifty  pounds  be  Granted 
&  allowed  to  be  Paid  out  of  the  Publick  Treasury  to  the  Eev^  Edward 
Holyoke  President  of  Harvard  College  over  and  Above  the  Rents  of 
the  Massachusetts  Hall  for  one  Year  ending  the  Tenth  day  of  Sep- 
tember next  to  be  paid  quarterly,     \^Passed  February  IS. 


CHAPTER    267. 


Legislative 
Records  of  the 
Council,  XX., 
394.    Mass. 
Archives, 
Iviii.,  415. 

House  Jour- 
nal, p.  225. 


ORDER  ALLOWING  £100  TO  JOHN  WINTHROP,  ESQ. 

Ordered  that  there  be  granted  &  Allowed  to  be  Paid  out  of  the 
Publick  Treasury  to  John  Winthrop  Esq''  Hollisian  Professor  of 
the  Mathematicks  at  Harvard  College  in  Cambridge  the  Sum  of 
One  Hundred  pounds  as  a  Gratuity  in  Consideration  of  his  faith- 
full  discharge  of  that  Trust  reposed  in  him  and  for  his  further 
encouragement  therein.     [^Passed  February  13. 


CHAPTER    268. 


ORDER  ALLOWING  £20  TO  R.   JUDAH  MONIS. 


Legislative 
Records  of  the 
Council,  XX., 
394.    Mass. 
Archives, 
Iviii.,  415. 

House  Jour- 
nal, p.  225. 


Ordered  that  there  be  granted  &  Allowed  to  be  paid  out  of  the 
Publick  Treasury  to  R.  Judali  Monis  Hebrew  Instructor  at  Harvard 
College  in  Cambridge  the  Sum  of  Twenty  pounds  as  a  Gratuity  in 
Consideration  of  his  faithful  discharge  of  that  Trust  reposed  in  him 
And  for  his  further  Encouragement  therein.     [Passed  February  13. 


CHAPTER    269. 


ORDER  DESIRING  THE   CAPTAIN    GENERAL    TO    LAY    AN    EMBARGO    ON 
ALL  FISHING  VESSELS. 


Archives, ixv.,       Ordered  that  his  Excellency  the  Cap^  General  be  desired  to  Lay 
"•^-  an  Embargo  on  all  the  Fishing  Vessels  that  go  to  the  Banks  which 

House  Jour-      are  in  the  several  Ports  in  this  Province  Until  the  first  of  March 

nal,  p.  226. 
Post,  p.  274, 
chap.  274. 


Next.     [Passed  *  February  13. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  273 


CHAPTEK    270. 

VOTE  IMPOWERING  WILLIAM  STURTIVANT  AND  HEZIKIAH  BEARCE, 
GUARDIAN,  TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN 
REGARD  TO  THE  PROCEEDS. 

A  Petition  of  William  Sturtivant  &  others,  (by  their  Guardian,)  Rlfo^rtg^Jft^e 
Grand  Sons  of  AYilliam  Sturtivant  late  of  Halifax  in  the  County  of  council,  xx., 
Plymouth  Dec*^  setting  forth  the  Disposition  of  the  said  Deceased's  ArchiveY.xix., 
Estate  by  Will,  and  the  Necessity  of  selling  the  real  Estate,  &  pray-  236. 
ine:  that  it  may  be  sold  accordingly.  Mas^: 

%^  -, -^  o  ''  Archives,  XIX., 

[Head  andj  235.  House 

Voted  that  the  Petitioners  William  Sturtevant  &  Hezekiah  Bearce  pp"2ivV23. 
in  his  '  Said  Capacity  be  &  hereby  are  fully  Authorized  &  Impowered  £^^^°jf  ,gj 
to  make  Sale  of  the  Lands  &  Saw  mill  mentioned  in  the  Petition  for  chap.'io.''  ' 
the  most  the  same  will  fetch  and  to  make  &  Execute  a  Good  Deed 
or  Deeds  of  the  Same,  they  Observing  the  Directions  of  the  Law 
Eespecting  the  Sale  of  Eeall  Estates  Provided  they  Give  Sufficient 
Caution  to  the  Judge  of  Probate  for  the  County  of  Plymouth  that 
the  money  Arising  by  the  Sale  of  the  Premises  shall  be  Distributed 
to  and  Among  the  Six  Grandsons  of  William  Sturtevant  Late  of 
Halifax  in  the  County  of  Plymouth  Deceased,  mentioned  in  the 
Petition  or  their  Legall  Eepresentatives  as  they  Shall  Arive  to  the 
Age  of  twenty  one  years  in  Equall  Proportion,  and  that  the  Money 
in  the  mean  time  be  Put  out  to  Interest  &  that  the  Legacy  Given 
to  the  AViddow  of  the  Deceased  William  of  three  pounds  Six  Shil- 
lings &  Eight  pence  Be  paid  out  of  the  Same  during  her  widdohood 
&  the  Overplus  of  the  Interest  (If  any  there  be)  be  applied  Equally 
for  the  use  &  Benefitt  of  the  Said  Six  Grandsons  or  there  Legall 
Eepresentatives.     \_Passed  February  13. 


CHAPTEK    271. 

VOTE  DIRECTING  THE  TREASURER  TO  INFORM  THE  AGENTS  OF  LADY 
AVARREN  THAT  HE  IS  PREPARED  TO  RECEIVE  THE  BEQUEST  OF  THE 
LATE   SIR  PETER  WARREN. 

A  Memorial  of  Harrison  Gray  Esq""  Treasurer  of  this  Province,  Legislative 
shewing  that  conformable  to  the  Order  of  this  Court  he  waited  on  councif, xi!,^^ 
Charles  Apthorp  &  Thomas  Hancock  Esq''^  Agents  of  the  Lady  War-  396.  Mass. 
ren  in  order  to  receive  from  them  £700  Sterling  with  Interest,  from  295.        '     "' 
the  25*''  of  March  1751,  pursuant  to  her  Letter  respecting  the  Money  Mass. 
ordered  by  Sir  Peter  Warren  for  the  Education  of  Indian  Children  ^4^^"House^*'* 
of  the  Six  Nations,  that  the  said  Agents  informed  the  Memorialist  Jo^^^i, 
that  they  had  no  Moneys  of  her  Ladyships  in  their  Hands,  but  had  province 
undeniable  Securities  of  her  Estate,  which  they  were  ready  to  assign  ^hi^^'i3iT694f' 
over  to  the  Governm*  so  far  as  shall  answer  for  the  Sum  above  men-  chap.  155.' 
tioned,  but  for  as  much  as  the  Memorialist  has  no  Power  to  receive 
any  thing  but  Money,  Therefore  Praying  for  the  further  Order  of 
this  Court  on  the  said  Affair. 

[Eead  and] 

Voted  that  the  Treasurer  be  &  hereby  is  directed  to  Inform  the 
Agents  of  the  Lady  Warren  that  he  is  ready  to  receive  of  them  the 
monyes  which  she  has  Ordered  to  be  paid  to  the  Order  of  the  prov- 

1  Sic. 


274 


Peovince  Laws  {Resolves,  etc.).  — 1754-55.  [Chaps.  272-274.] 


ince  as  soon  as  they  shall  have  Collected  the  same  And  that  it  is 
the  desire  of  this  Court  that  they  would  do  it  as  soon  as  may  be 
that  so  the  Charitable  Intention  of  the  late  S'  Peter  Warren  may 
be  no  longer  delayed  And  the  Treasurer  is  hereby  impowered  to 
receive  the  S'^  Money  being  Seven  Hundred  pounds  Sterling  with 
Interest  from  March  25*^  1751  And  give  A  proper  discharge  for 
the  same.     \_Passed  February  13. 


Legislative 
Records  of  the 
Council,  XX., 
398. 

Mass. 
Archives, 
Ixxiv.,  333. 
Legislative 
Records  of  the 
Council,  XX., 
386,  393, 395, 397. 
Province 
Laws,  iii.,  838, 
note. 


CHAPTEE    272. 

VOTE  DESIRING  THE   CAP^  GENERAL  TO  GIVE  ORDERS  FOR  THE   CON- 
FINEMENT OF  THE  SUBJECTS  OF  THE  FRENCH   KING. 

Voted  that  His  Excellency  the  Captain  General  be  desired  as  soon 
as  may  be,  to  give  Orders  that  all  the  Subjects  of  the  French  King 
be  forthwith  confined ;  and  that  His  Excellency  be  desired  to  write 
to  the  neighbouring  Governments  to  do  the  like  within  their  respec- 
tive Governments.'     \_Passed  February  15. 


CHAPTEE    273. 


VOTE  DESIRING  HIS  EXCELLENCY  THE  GOVERNOR  TO  LAY  A  GENERAL 
EMBARGO  ON  SHIPPING. 


Legislative 
Records  of  the 
Council,  XX., 
398.    Mass. 
Archives,  Ixv., 
63^ 

Legislative 
Records  of  the 
Council,  XX., 
395.    Province 
Laws,  iii.,  837, 
note.    Ante, 
p.  272,  chap. 
269. 


Voted,  That  his  Excellency  the  Gov""  be  desired  to  lay  a  General 
Embargo  on  the  shipping  within  this  Province  for  the  space  of  one 
month  from  this  day,  and  that  no  ship,  sloop  or  other  vessel  be  per- 
mitted to  proceed  to  sea  unless  the  Master  or  owner  fully  satisfy  his 
Excellency  that  there  will  be  no  supply  made  by  such  vessel  of  pro- 
visions arms  or  amunition  to  any  of  the  french  Kings  subjects  in 
America,  nor  any  intelligence  given  thereby  of  the  present  military 
proceedings  of  this  or  the  adjacent  Governments,  and  also  that  his 
Excellency  be  desired  to  move  the  Neighbouring  Colonies  to  come 
into  the  same  Measures.''     [^Passed  February  15. 


Legislative 
Records  of  the 
Council,  XX., 
398.    Mass. 
Archives,  Ixv., 
64^ 

House  Jour- 
nal, pp.  228, 229. 
Province 
Laws,  iii.,  8.37, 
note.    Ante, 
p.  272,  chap. 
269.    Supra, 
chap.  273. 


CHAPTEE    274. 

VOTE  DESIRING  HIS  EXCELLENCY  THE  CAPTAIN  GENERAL  TO  FURTHER 
E2LTEND  THE  EMBARGO  ON  FISHING  VESSELLS. 

Voted  that  his  Excellency  the  Captain  General  be  desired  further 
to  Extend  the  Embargo  on  Fishing  V'essels  that  go  to  the  Banks 
Until  the  fifteenth  of  March  Next,     [Passed  February  15. 


1  Not  found  in  the  House  Journal. 

2  The  House  Journal,  pp.  226,  228,  refer  to  an  embargo  on  fishing 
nothing  is  mentioned  about  a  general  embargo. 


vessels  only,  but 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  275 

CHAPTEK    275. 

ORDER  GRANTING  TO  OLIVER  ABBOT  LICENCE  TO  SELL  STRONG  DRINK. 

A  Petition  of  Oliver  Abbot,  setting  forth  his  Commodious  Sit-  Legislative 

•  ■        Ksoordfi  Or  tnp 

uation  for  an  Inn  in  the  Town  of  Billerica,  and  the  want  of  one  in  council,  xx., 
the  Body  of  the  said  Town;  &  Praying  that  the  Court  of  General  Archh^es?' 
Sessions  of  the  Peace  for  the  County  of  Middlesex  may  be  impow-  cxx.,  12. ' 
ered  to  grant  him  a  Licence  at  their  next  Term.  House  Jour. 

■r»       -,    o  nal,  p.  231. 

Kead  & 

Ordered  that  the  prayer  of  the  Petition  be  granted  And  that  the 
Justices  of  the  Court  of  General  sessions  of  the  peace  for  the  County 
of  Middlesex  at  their  Next  Term  be  &  hereby  are  Impowered  (if  they 
think  fit)  to  Licence  the  petitioner  Oliver  Abbot  a  retailer  of  Spirit- 
uous Liquors  in  the  Town  of  Belerica  he  first  Obtaining  the  Appro- 
bation of  the  selectmen  of  S*^  Town  the  time  for  granting  of  Licences 
being  Elapsed  Notwithstanding.     {^Passed  February  17. 


CHAPTEK    276. 

ORDER  GRANTING  TO  JOHN  HOLBROOK,  JUN«,  LICENCE  TO  SELL  STRONG 

DRINK. 

A  Petition  of  John  Holbrook  jun'  shewing  that  for  many  Years  Legislative 
past  he  has  been  a  Ketailer  of  strong  Drink  in  the  Town  of  Braintree,  counc*if,xx*f^ 
but  that  at  the  last  Term  for  renewing  Licences  in  the  County  of  403.  jviass.  ' 
Suffolk  he  lost  his  Opportunity  thro'  Misinformation,  Praying  that  le.         '  " " "' 
the  Court  of  General  Sessions  of  the  Peace  for  the  said  County  may  House  Jour- 
be  impowered  to  renew  his  Licence  at  their  next  Term.  °*^»  p-  '^^■ 

Read  & 

Ordered  that  the  prayer  of  the  pet°  be  granted  &  that  the  Jus- 
tices of  the  Court  of  General  sessions  of  the  peace  for  the  County 
of  Suffolk  at  their  Next  Term  be  &  hereby  are  impowered  (if  they 
think  fit)  to  Licence  the  Petitioner  to  be  A  retailer  of  Spirituous 
Liquors  In  the  Town  of  Brantree  he  Obtaining  the  Approbation  of 
the  select  men  of  the  Said  Town  the  time  for  granting  of  Licences 
being  Elapsed  Notwithstanding.     \^Passed  February  18. 


CHAPTER    277. 

ORDER    IMPOWERING    THO^    GREENWOOD,  ESQ^  GUARDIAN,  TO    EXE- 
CUTE A  DEED. 

A  Petition  of   Thomas   Greenwood,   Guardian  of   Ann  Allen  Legislative 
Daughter  of  John  Allen  late  of  Newton  dec'*  a  Minor,  shewing  counctf,  xx?® 
that  the  said  John  Allen's  Estate  has  been  settled  by  the  Judge  Yrc\\uk\L 
of  Probate  for  the  County  of  Middlesex,  and  a  dwelling  House,  258.       ''      ' 
Barn  &  forty  Acres  of  Land  assigned  undivided  to  the  said  Minor,  Mass. 
&  her  elder  Sister  Martha  Carter,  Wife  of  Benjamin  Carter,  and  ^^y^'^Legisia^-'' 
for  as  much  as  the  said  Carter's  part  is  about  to  be  sold.  Therefore  tive  Records  of 


276 


Province  Laws  (Hesolves, etc.).  — 1754-55.  [Chaps.  278, 279.] 


the  Council, 
XX.,  407. 
House  Jour- 
nal, pp.  2'27, 234, 
235.    Province 
Laws,  ii.,  151, 
chap.  10. 


praying  for  Liberty  to  sell  the  said  Minors  Part,  w^*"  will  be  much 
for  her  Benefit. 

Eead  and 

Ordered  that  the  Prayer  of  the  Pet°  be  granted  and  that  the  Peti- 
tioner be  and  hereby  is  impowered  in  his  said  Capacity  to  make  Sale 
of  the  Estate  mentioned  in  the  Petition  and  to  make  and  Execute 
in  due  form  of  Law  a  good  and  sufficient  Deed  or  Deeds  of  the 
Premisses  to  such  Person  or  Persons  as  shall  give  most  for  the  same 
he  Observing  the  Directions  of  the  Law  respecting  the  Sale  of  Eeal 
Estates  by  Executors  or  Administrators.  Provided  he  give  Sufficient 
Caution  to  the  Judge  of  Probate  for  the  County  of  Middlesex  that 
the  neat  Produce  and  the  Interest  thereof  shall  be  paid  to  the  said 
Minor  when  she  shall  arrive  at  the  Age  of  Twenty  one  Years  or  be 
Married  which  shall  first  happen  except  what  shall  be  necessary  for 
her  Support  during  that  Time.     [Passed  February  18.^ 


CHAPTEE    278. 


ORDER  IMPOWERING  THE  ASSESSORS   OF  THE  TOWN  OF  LUNENBURGH 
TO  LEVY  A  TAX  OF  A  HALF  PENNY  PER  ACRE. 


Legislative 
Records  ol  the 
Council,  XX., 
337.    Mass. 
Archives, 
cxxi.,  314. 

Mass. 
Archives, 
cxxi.,  312. 
Legislative 
Records  of  the 
Council,  XX., 
404.    House 
Journal, 
pp.  140, 225. 


A  Petition  of  the  Represent^^  of  the  Town  of  Lunenburgh 
setting  forth  the  great  &  uncommon  Charge  they  are  at  for  mak- 
ing &  re'pairiug  of  Bridges  &  High  Ways,  Praying  for  an  Order 
of  this  Court  to  impower  them  to  assess  an  half  peny  per  Acre 
^  Annum  for  five  Years  on  the  Lands  of  the  Non  Eesident  Pro- 
prietors, to  help  the  said  Town  to  defray  the  said  Charge. 

Read  and  it  appear^  y*  the  pet""  has  followed  the  Directions  of  this 
Court  of  the  4*  Decem''  last  and  no  Answer  being  given  in  There- 
fore 

Ordered  that  the  Prayer  of  the  Pet°  be  so  far  granted  As  that  the 
Assessors  of  the  said  Town  be  and  hereby  are  impowered  to  Assess 
the  lands  of  the  Nonresident  Proprietors  in  said  Town  for  three  Years 
next  ensuing  one  half  peny  for  each  Standard  Acre  ^  Annum  and 
the  Collector  or  Collectors  Constable  or  Constables  to  whom  the  said 
Assessments  shall  be  Committed  are  hereby  impowered  and  Directed 
to  Collect  the  same  and  in  case  of  refusal  or  Non  Payment  (after  due 
Notice  being  given)  to  follow  the  Directions  of  the  Law  in  such  Cases 
provided.     [Passed  February  19. 


CHAPTER    279. 


VOTE  ALLOWING   £18.  10  TO   M^  JON^  EDWARDS. 


Legislative 
Records  of  the 
Council,  XX., 
404.    Mass. 
Archives,  xiii., 
583. 

Mass. 

Archives,  xiii., 
581.    House 


A  Petition  of  M'  Jonathan  Edwards  Pastor  of  the  Church  at 
Stockbridge,  setting  forth  the  Expence  he  was  at  for  the  Subsistence 
of  Soldiers  at  the  time  of  their  late  Danger  from  the  Indians,  pray- 
ing that  he  may  be  reimbursed  his  said  Charge  out  of  the  publick 
Treasury : 

Read  & 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  February  20. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  277 

Voted  that  there  be  Allowed  &  paid  out  of  the  Publick  Treasury  Journal, 
to  the  Petitioner  the  Sum  of  Eighteen  pounds  Ten  shillings  In  full  W;!"!.  192,236, 
discharge  of  his  Accounts  within  mentioned.     \_Passed  February  19. 


CHAPTER    280. 

ORDER  CONFIRMING  A  PLAT  OF  400  ACRES  OF  LAND   TO  THE   HEIRS   OF 
CAPT.    JOSEPH   BANE. 

A  Plat  of  400  Acres  of  Land  granted  by  the  General  Court  to  Legislative 
Joseph  Bane  &  his  four  Sons;  laid  out  by  Joseph  Chadburn  Sur-  councif,  xx!f^ 
veyor  &  Chainmen  on  Oath,  in  the  County  of  York;  begining  at  a  ^^•,  .*^^**- 
Pine  Tree  marked  M  B  being  the  Easterly  Corner  of  Moses  Banks's  xivi.,  396.' 
Land,  runing  North  east  by  East  Two  hundred  &  fourteen  Poles  to  Mass. 
a  Hemlock  Tree  mark'd-tB,  then  Northwest  by  West  three  hundred  xM.'^sgl'sgs 
Poles  to  a  Beach  Tree  marked  -iB,  then  Southwest  by  West,  Two  kouse  joV- 
hundred  &  fourteen  Poles  to  Moses  Banks's  Land  to  a  Beach  Tree  ^oo'cDecemberl 
marked  iB,  then  South  east  by  South  three  hundred  Poles  to  the  ^''^^^'  p-^^*- 
first  Station. 

Eead  & 

Ordered  that  the  within  plan  be  Accepted  And  that  the  Lands 
therein  delineated  &  Described  be  &  hereby  Are  Confirmed  to  the 
Heirs  of  Captain  Joseph  Bean  their  Heirs  &  Assigns  provided  it 
doth  not  Exceed  the  Quantity  [of] '  four  Hundred  Acres  Nor  Inter- 
fere with  Any  former  Grant.''     \^Passed  Fehriiary  19. 


CHAPTER    281. 

VOTE  IMPOWERING  JN^  HOPPEN,  ADM=,  TO  SELL  LAND. 

A  Petition  of  John  Hoppen  Adminisf  of  the  Estate  of  Benja-  Legislative 
min  Hoppen  late  of  Attleborough  Dec"!  shewing  that  the  Personal  couu^*if,  xx*^^ 
Estate  of  the  said  Beniamin  is  insufficient  to  pay  the  Debts  and  404.  Mass. 
the  Eeal  Estate  small  &  in  such  Circumstances  as  that  the  selling  238.        ' 
a  part  of  it  would  be  ruinous  to  the  Eest,  therefore  Praying  that  Mass. 
he  may  be  impowered  to  sell  the  whole,  47?'^House^''^'' 

Read  &  Journal,^ 

Voted  that  the  Prayer  of  the  Petition  be  granted  And  that  the  ^^ovince'  ' 

Laws,  11.,  151, 

^  Inserted  from  Legislative  Records  of  the  Council,  xx.,  404.  chap.  10. 

'  "The  Memorial  of  John,  James  &  David  Bane  Only  Surviving  Sons  of  Joseph  Bane 

Humbly  shew, 

That  the  Grant  of  Four  Hundred  Acres  of  the  Unappropriated  Lands  of  the  said  Prov- 
ince in  the  County  of  York  made  by  the  Great  &  Gener'  Court  of  the  said  Province  at  their 
Session  in  Boston  on  the  6'^  of  Decc  1734.  to  their  said  Father  to  be  Laid  out  by  a  Survey"' 
&  Chain  men  on  Oath  for  the  Use  of  his  Four  Sons  by  reason  of  their  being  then  in  their 
nonAge  &  not  capable  of  making  choice  for  pitching  the  said  Grant  commodious  for  their 
settlement  &  improvement,  And  for  that  also  no  Sooner  was  the  Eldest  of  them  arriv'd  to 
Age  than  he  went  to  Sea,  was  lost,  &  never  heard  of  since  as  likewise  the  War  &  Erup- 
tions with  the  Indians  &  most  of  your  Memorialists  in  the  Service  at  S'  Georges  &c  has 
been  the  true  cause  why  the  said  (jrant  has  not  been  Laid  out  till  the  Year  17oQ. 

Wherefore  they  pray  this  Court  to  Accept  of  these  their  Reasons  for  the  Delays  afore- 
said And  now  confirm  the  laying  out  of  the  said  Grant  according  to  the  Return  "herewith 
exhibited  &  Your  Memorial" 

As  in  duty  bound 

shall  ever  pray 

JoHx  Bane 
James  Bane 

D.WID   B.\.\E." 

—  Mass.  Archives,  xlvi.,  393. 


278 


Province  Laws  {Resolves,  etc.) .  — 1754-55.  [Chaps.  282,  283.] 


Petitioner  in  his  Capacity  be  &  hereby  is  Impowered  to  sell  the  Land 
Mentioned  in  the  Petition  &  to  make  &  Execute  a  sufficient  Deed  or 
Deeds  of  S^^  Lands  to  such  j)erson  or  persons  as  Shall  purchase  the 
same  provided  the  pet"  Observe  the  directions  of  the  Law  respect- 
ing Executors  &  administrators  selling  of  Lands  And  give  Suffi- 
cient Caution  to  the  Judge  of  Probate  for  the  County  of  Bristol 
to  Account  for  the  produce  thereof  According  to  Law.  \^Passed 
February  19. 


CHAPTER    282. 


Legislative' 
Eecords  of  the 
Council,  XX., 
405.    Mass. 
Archives,  cxx., 
15. 

Mass. 

Archives,  cxx., 
14.    House 
Journal,  p.  237. 


ORDER    GRANTING    TO    JOHN    MILLER,   EBENEZER    KENT,    NATHANIEL 
GORHAM  AND  SAMUEL  KETTLE,  LICENCES  TO   SELL  STRONG  DRINK. 

A  Petition  of  John  Miller,  Ebenezer  Kent,  Nathaniel  Gorham, 
&  Sam^  Kettle  all  of  Charlestown,  shewing  that  they  are  concerned 
in  carrying  on  the  Fishing  Trade  there,  and  that  it  would  be  a  great 
Benefit  to  their  Business  if  they  were  impowered  to  sell  Spirituous 
Liquors  to- their  Fishermen,  Praying  that  the  Court  of  General  Ses- 
sions of  the  Peace  for  the  County  of  Middlesex  may  be  impowered 
to  licence  them. 

Eead  & 

Ordered  that  the  prayer  of  the  petition  be  Granted  And  that  the 
Justices  of  the  Court  of  General  sessions  of  the  peace  for  the  County 
of  Middlesex  at  their  Next  Term  be  &  hereby  are  Impowered  (if  they 
think  fit)  to  Licence  the  pef^  Retailers  of  Spirituous  Liquors  in  the 
Town  of  Charlestown  they  Obtaining  the  Approbation  of  the  select- 
men of  the  S*^  Town  the  time  for  granting  of  Licences  being  Elapsed 
Notwithstanding.     [^Passed  February  19. 


Legislative 
Records  of  the 
Council,  XX., 
405.    Mass. 
Archives, 
xliv.,  105. 

Mass. 
Archives, 
xUv.,  103-112. 
House  Jour- 
nal, pp.  231, 235. 
Province 
Laws,  xiv.,  674, 
chap.  112. 


CHAPTEE    283. 

ORDER    IMPOWERING    EBEN»    JOHNSON    TO    BRING    FORWARD    A    WRIT 

OF  REVIEW. 

A  Petition  of  Ebenezer  Johnson  of  Woburn,  shewing  that  in  the 
Year  1752  he  was  by  Order  of  the  General  Court  admitted  to  have 
a  new  Trial  of  a  Cause  between  him  &  one  Seth  Ross  of  Billerica, 
at  the  Superiour  Court  of  Judicature  for  the  County  of  Middlesex, 
that  he  applied  himself  to  the  Clerk  of  the  s*"  Court  accordingly, 
for  a  Writ,  that  the  said  Clerk  made  a  great  Mistake  in  the  Draught 
of  the  Writ,  by  which  Means  the  Action  was  not  entered.  Praying 
that  he  may  have  a  new  Trial  at  the  next  Term. 

Read  & 

Ordered  that  the  prayer  of  the  petition  be  granted  And  that  the 
pef  be  &  hereby  is  Impowered  to  bring  his  Writ  of  Review  of  the 
Action  within  mentioned  to  the  Next  superiour  Court  of  Judicature 
to  be  holden  at  Cambridge  in  the  County  of  Middlesex  on  the  first 
Tuesday  of  Aug*  Next  And  the  Justices  of  the  s<^  Court  be  &  hereby 
are  Impowered  &  Directed  to  hear  &  Try  the  s**  Cause  Accordingly 
give  Judgment  thereon  &  Award  Execution  thereon.  \_Pas8ed  Feb- 
ruary 19. 


[2d  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1754-55.  279 


CHAPTEK    284. 

ORDER  IMPOWERING  CORNELIUS  PUTNAM,  ADM^  &  ELIZABETH  HIS 
WIFE  TO  SELL  LAND  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 

A  Petition  of  Cornelius  Putnam  Adminisf  of  the  Estate  of  Rgf^^d^^f  th 
William  Perkins  dec''  and  Elizabeth  Putnam  Relict  of  the  said  council,  xx., 
William  &  now  Wife  of  the  said  Cornelius,  and  of  Cornelius  Put-  Archives*  xix. 
nam  jun''  &  Elizabeth  his  Wife,  Daughter  of  the   said  William,  24o. 
shewing  that  the  Real  Estate  of  the  said  William  Perkins  consist-  Mass. 
ing  of  a  small  House  &  Barn,  and  seventy  five  Acres  of  Land  in  m  House^'"^' 
the  Town  of  Sutton,  cannot  be  divided  without  great  Prejudice  to  pp^^^f  jVg  222 
the  whole.  Praying  that  the  said  Administrators  may  be  impowered  Province  ' 
to  sell  the  said  Real  Estate.  ch£qD!'io.''     ' 

Read  & 

Ordered  that  the  petitioners  Cornelius  Putnam  &  Elis^  Putnam 
in  their  Capacity  within  Mentioned  be  &  hereby  are  fully  Author- 
ized &  Impowered  to  make  Sale  of  the  Land  &  Buildings  mentioned 
in  the  petition  for  the  Most  the  Same  will  fetch  And  to  make  &  Ex- 
ecute a  Good  Deed  or  Deeds  of  the  Same  they  Observing  the  direc- 
tions of  the  Law  respecting  the  Sale  of  real  Estates  provided  Also 
they  give  sufficient  Caution  to  the  Judge  of  Probate  for  the  County 
of  Worcester  that  the  Money  Arising  by  the  sale  of  the  premisses 
be  Justly  Distributed  to  &  among  the  Children  &  Legal  Representa- 
tives of  William  Perkins  Late  of  Sutton  in  the  County  of  Worces- 
ter Deceased  According  to  Law  Two  Thirds  thereof  Immediately 
Upon  the  Sale  of  s'^  Estate  And  the  other  third  at  the  Decease 
of  the  S'^  Elis^  Putnam  formerly  the  Wife  of  S*^  William  perkins 
Deceased.     \^Passed  February  19.' 


CHAPTEE    285. 

ORDER  IMPOWERING  ABIG^  LEWIS,  ADM^,  TO   SELL  REAL  ESTATE  AND 
MAKING  PROVISION  IN  REGARD   TO  THE  PROCEEDS. 

A  Petition  of  Abigail  Lewis  Widow  &  Admin^  of  the  Estate  of  K^fo^i,^^"of  t^ 
John  Lewis  late  of  Lyn  dec^  shewing  that  the  Personal  Estate  of  council,  xx., 
her  said  Husband  according  to  Apprizement  is  £116.13.4  and  that  Archiv^^s^^xix. 
the  Real  Estate  is  small,  &  so  out  of  Repair  that  the  Rents  will  not  ^^2. 
be  sufficient  to  repair  it,  therefore  praying  for  Power  to  sell  it  for  Mass. 
the  Benefit  of  herself  &  Children.  ^fnouse'''' 

Read,  &  Journal,  p.  241. 

Order'' d  that  the  Prayer  of  the  within  written  Petition  be  granted, 
and  that  the  Petitioner  be,  &  She  is  hereby  impower'd  (in  her  said 
Capacity)  to  make  sale  of  the  Real  Estate  in  said  Petition  mentioned, 
for  the  most  that  may  be ;  Publick  notice  of  the  intended  sale  being 
first  given  in  time  &  manner  as  by  Law  is  directed  in  case  of  the 
Sale  of  Lands  by  Executors  or  administrators :  The  said  adminis- 
tratrix giving  due  Caution  to  the  Judge  of  Probate  for  the  County 
of  Essex  that  the  Proceeds  of  such  sale  (after  Payment  of  just  Debts) 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  February  20. 


280 


Province  Laws  {Resolves,  etc.).  — 1754-55.  [Chaps.  286,  287.] 


be  jout  out  at  Interest  on  good  Security ;  that  one  third  part  of  said 
Interest,  as  it  shall  annually  arise,  be  for  the  use  of  the  Widow  of 
the  said  Deceased  during  her  natural  Life;  and  that  the  other  two 
thirds  of  s*^  Interest  be  put  into  the  Hands  of  such  are  are '  or  may 
be  appointed  Guardians  of  the  Children  of  the  said  Deceas'd  by 
them  to  be  applyed  for  the  Comfort  &  Support  of  s^  Children;  That 
their  respective  proportions  in  two  thirds  of  the  Principal  Sum  be 
paid  to  them  as  they  shall  arrive  at  Lawfull  age,  or  at  Marriage, 
and  that  the  other  third  part  of  the  Principal  be  paid  to  them  (or 
such  as  shall  legally  represent  them)  upon  the  Decease  of  the  said 
Widow.  The  Petitioner  to  be  accountable  to  the  Judge  of 

Probate  aforesaid,  for  &  touching  her  Proceedings  in  the  Premises. 
\^Passed  February  20. 


Legislative 
Records  of  the 
Council,  XX., 
408.    Mass. 
Archives, 
xliv.,  115. 

Mass. 
Archives, 
xliv.,  11.3-129. 
House  Jour, 
nal,  p.  242. 


CHAPTEE    286. 

ORDER  OF  NOTICE  WITH   STAY  OF  EXECUTION    ON    THE    PETITION    OF 
ARCHIBALD   GREENFIELD   TO   SET   ASIDE   A   JUDGMENT. 

A  Petition  of  Archibald  Greenfield  of  Salem,  shewing  that  Wil- 
liam Mayberry  of  New  Marblehead  has  obtained  a  Judgment  against 
him  (at  the  Inferiour  Court  of  Common  Pleas  for  the  County  of  York 
held  in  April  last)  by  Surprize  while  the  Petitioner  was  sick  & 
unable  to  attend  the  said  Court,  and  was  made  to  expect  that  the 
Action  would  not  be  entered,  praying  that  the'  said  Judgment  may 
be  set  aside,  and  that  the  Pet^  may  be  allowed  to  answer  to  the  Action 
at  the  next  Term. 

Eead  and 

Ordered  that  the  Petitioner  serve  the  Adverse  Party  with  a  Copy 
of  this  Petition  that  he  shew  Cause  (if  any  he  have)  on  the  second 
Wednesday  of  the  next  Sitting  of  the  Court  why  the  Prayer  thereof 
should  not  be  granted  and  Execution  is  staid  in  the  Mean  Time  Pro- 
vided the  Pef  give  sufficient  Security  to  the  Sheriff  of  the  County 
of  Essex  to  pay  what  now  is  or  finally  may  be  adjudged  due.  \Pa8sed 
February  20. 


CHAPTER    287. 


Legislative 
Records  of  the 
Council,  XX., 

408. 

House  Jour- 
nal, pp.  23.5, 238. 
Ante,  p.  264, 
chap.  247. 


ORDER  ALLOWING  £66.  13.  4  ADDITIONAL  TO  THE  TREASURER. 

Ordered  that  the  Sum  of  Sixty  Six  Pounds,  thirteen  shillings  and 
four  pence  be  allowed  &  paid  out  of  the  publick  Treasury  to  Har- 
rison Gray  Esq'  Treasurer  &  Eeceiver  General  of  his  Majesty's  Eev- 
enues  of  this  Province  in  Addition  to  the  Grant  already  made  him 
for  one  Years  Service,  ending  the  23"^  of  December  last.  \^Passed 
February  20. 

»  Sic. 


[2d  Sess.]     Province  Laws  {Resolves,  etc).  — 1754-55.  281 


CHAPTEE    288. 

VOTE  DIRECTING  THO^  HUTCHINSON,  ESQ«,  TO  PAY  TO   THE  PROVINCE 
TREASURER   £48.  14.  6  AND   £9.  1.  4  TO   JOHN  H.   LYDIUS,  ESQ^. 

A  Memorial  of  Thomas  Hutchinson  Esq''  shewing  that  in  the  Legislative 
Year  1745  a  Sum  of  Money  was  put  into  his  Hands  to  be  remitted  coXif,  xx!f ^ 
to  M""  John  H  Lydius  of  Albany,  &  by  him  to  be  employed  for  ^o^    Mass.  ' 

•  A  TCini vp.p   ciii 

securing  the  Indians  of  the  Six  Nations  in  the  English  Interest,  300. 
that  the  said  M'  Lydius  has  drawed  the  greatest  part  of  the  Money  Mass. 
out  of  his  Hands,  praying  that  the  Account  may  be  settled,  and  ^g^^Hous^e"'' 
that  the  Memorialist  may  be  discharged  upon  paying  the  Ballance :  Journal,^ 
[Eead  and]  province 

Voted  that  the  Pef  Thomas  Hutchinson  Esq''  pay  to  the  province  ^ifaTjs'.  sv^sg*''^' 
Treasurer  the  Sum  of  forty  eight  pounds  fourteen  shillings  &  six 
pence  And  Also  Nine  pounds  one  shilling  &  four  pence  LawfuU 
money  to  John  H  Lydias  Esq'^  of  Albany  And  upon  his  so  doing 
that  he  be  discharged  from  the  Sum  of  Twenty  five  Hundred 
pounds  within  mentioned.      \_Passed  February  20. 


CHAPTER    289. 

ORDER  GRANTING  TO   JOHN  NASH  LICENCE   TO  KEEP  AN  INN. 

A  Petition  of  John  Nash  of  Weymouth,  Innholder,  shewing  Legislative 
that  by  Eeason  of  Sickness  he  was  prevented  from  renewing  his  coundf  xx!^^ 
Licence  at  the  proper  Term,  Praying  that  the  Court  of  General  409.  Mass.  ' 
Sessions  of  the  Peace  for  the  County  of  Suffolk  may  be  impowered  sie.    ^   '  '  '' 
at  their  next  Term  to  renew  his  Licence.  Mass. 

PpQfl   i^  Archives,  cxi., 

'^^^^^  ^  „       ,  ,  34.5.    House 

Ordered  that  the  prayer  of  the  pef^  be  granted  &  that  the  Jus-  Journal,  p.  237. 
tices  of  the  Court  of  General  sessions  of  the  peace  for  the  County 
of  Suffolk  at  their  Next  Term  be  &  hereby  are  Impowered  if  they 
think  fit  to  Licence  the  pef  an  Inholder  in  the  Town  of  Weymouth 
he  Obtaining  the  Approbation  of  the  select  men  of  S**  Town  the 
Time  for  granting  of  Licences  being  Elapsed  Notwithstanding. 
\Passed  February  20. 


CHAPTEE    290. 

ORDER  ALLOWING   £8  TO   A3I0S  PARLING. 


A  Petition  of  Amos  Perlin  a  Soldier  in  the  late  Expedition  under  Legislative 
Major  General  Winslow,  Praying  that  he  may  be  allowed,  the  Charge  coSncff, xl*,^^ 
of  his  Sickness,  while  he  was  in  the  said  Service  out  of  the  publick  ^^^-^^^vlT' 
Treasury.  xxiv.,  304. 


Read  &  Mass. 

Ordered  that  there  be  Allowed  &  paid  out  of  the  publick  Treas-  ^^xs^.Tloi. 
ury  to  the  pef  Amos  parling  the  Sum  of  Eight  pounds  he  paid  his  House  Jour- 
Nurses  while  sick  In  full  of  his  Acc^     {^Passed  February  20.  227,' 24^2.     ''  ' 


282  Province  Laws  {Resolves^  etc.).  — 1754-55.  [Chaps.  291, 292.] 


CHAPTEE    291. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  THE  PET^  OF  THOMAS 
GILBERT,  JUN=   IN  REGARD  TO  MINISTERIAL  DUES. 

Recordfof  the  ^  PETITION  of  Tliomas  Gilbert  Jim""  Agent  for  the  first  Precinct 
Council,  XX.,  in  Brookfield  shewing  that  the  said  Precinct  liad  granted  a  Salary 
ArcMve8,^inu;  for  the  present  Year  for  their  Minister  M^  Elisha  Harding,  before 

^ the  setting  off  from  them  a  third  Precinct,  &  setting  over  many 

^i''^s8-  of  their  Inhabitants  to  the  second  Precinct,  Praying  that  the  said 

6-26-631.  Legis-  Salary  may  be  assessed  upon  all  that  were  Inhabitants  of  the  said 

o'f'the  Council  ^^st  Prccinct  at  the  time  when  it  was  granted. 

XX.,  297.         '      The  Committee  to  whom  was  referr'd  the  Petition  of  Thomas 

naTpp.isM90,  Gilbert  jun''  Agent  for  the  first  Parish  in  Brookfield,  having  heard 

!i'n5:l,*p. i^',      the  Parties  and  considered  the  said  Petition  and  Answer  thereto, 

chap'.  338.  '      are  of  Opinion,  that  the  several  Grants  in  said  Petition,  mentioned 

be  levied  on  all  the  rateable  Polls  and  Estates  that  were  included  in 

the  first  Parish  before  the  same  was  divided;  and  that  the  present 

Assessors  for  the  Town  aforesaid  be  authorized  and  directed  to  assess 

and  levy  the  same  accordingly,  in  such  Manner  and  Proportion,  as 

if  no  such  Division  had  been  made;  and  to  issue  their  Warrants  to 

the  Constables  of  the  same  Town,  requiring  them  to  collect  such 

Assessment  and  to  pay  the  same  to  the  Treasurer  of  the  said  Town, 

to  be  applied  to  the  Use  of  the  Rev**  M''  Harding,  and  to  the  other 

Purposes  for  which  the  same  was  granted :  and  the  said  Constables 

are  hereby  required  &  impowered  to  execute  the  said  Warrants 

accordingly:  Which  is  humbly  submitted. 

Per  Order  of  the  Committee,  S.  Danforth. 

Read  and 

Ordered  that  the  above  Report  be  Accepted  and  all  Persons  Con- 
cerned Are  hereby  required  to  Conform  themselves  Accordingly. 
{^Passed  February  20. 


CHAPTER    292. 

ORDER  GRANTING  TO  RUTH  FITTS  LICENCE   TO    SELL    STRONG    DRINK. 

Rlfords^of  the  ^  PETITION  of  Ruth  Fitts  of  Danvcrs  in  the  County  of  Essex, 
Council,  XX.,  Praying,  for  Reasons  therein  mentioned,  that  the  Court  of  General 
Archfves^cxi.,  Sessions  of  the  Peace  for  the  said  County  may  be  allowed  to  licence 

^ her  to  retail  strong  Liquors  there. 

House  Jour-  Read  & 

na.pp.  /,.  .  (9^f7g^gf^  that  the  prayer  of  the  petition  be  granted  and  that  the 
Justices  of  the  Court  of  General  sessions  of  the  peace  for  the  County 
of  Essex  at  their  Next  Term  be  &  hereby  are  Impowered  if  they 
think  fit  to  Licence  the  pet'  a  Retailer  of  Spirituous  Liquors  in  the 
House  she  now  Lives  in  in  Danvers  she  first  Obtaining  the  Approba- 
tion of  the  Selectmen  of  S*'  Danvers  the  time  for  granting  of  Licences 
being  elapsed  notwithstanding.     \^Passed  February  20. 


[2d  Sess.]     Province  Laws  (Besolves,  etc.).  — 1754-55.  283 


CHAPTER    293. 

ORDER  OF  NOTICE  WITH  STAY  OF  PROCEEDINGS  ON  THE  PETITION  OF 
BEZALIEL   TOPPAN   IN   REGARD   TO   A  DECISION. 

A  Petition  of  Bezaliel  Toppan  of  Salem  Physician,  setting  forth  R^p^f *^"^f  .jj 
the  Proceeding  had  in  a  Controversy  between  Andrew  Hall  of  Bos-  council,  xx., 

ton  and  the  Petitioner,  more  especially  in  Eelation  to  the  Referres  — . 

to  whom  they  had  left  the  Determination  of  their  Differences,  Two  ^a "p! m''' 
of  whom  agreed  upon  and  signed  the  Award,  without  giving  him 
an  Opportunity  to  be  present,  praying  for  Relief  from  this  Court. 

Read  & 

Ordered  that  the  Petitioner  serve  the  adverse  Party  Andrew  Hall 
with  a  Copy  of  this  Petition,  that  he  shew  Cause  if  any  he  have, 
on  Tuesday  next  why  the  Prayer  thereof  should  not  be  granted,  if 
the  Court  be  then  Sitting,  if  not,  on  the  first  Fryday  of  the  next 
Sitting  of  this  Court  &  all  Proceedings  relating  thereto  are  stayed 
in  the  mean  time.     [Passed  February  20. 


CHAPTER    294. 

ORDER  ALLOWING   £5  AND   A  FURTHER  AMOUNT  OF  £5.  0.  7i  TO  HENRY 

WOODS. 

A  Petition  of  Henry  Woods  of  Groton,  a  Soldier  in  the  late  Legislative 
Expedition  under  Major  General  Winslow,  Praying  that  the  Charge  coundf  xi*^^ 
of  his  Sickness  while  he  was  in  the  said  Service,  may  be  paid  out  4io.  Mass. '' 
of  the  publick  Treasury.  ixxiv.^lli. 

Read  &  Mass. 

Ordered  that  there  be  Allowed  &  paid  out  of  the  publick  Treas-  ^xw^lo 
ury  the  sum  of  five  pounds  of  What  he  paid  to  his  Nurses  before  House  Jour- 
he  Came  to  Boston  And  the  further  Sum  of  five  pounds  &  seven  X*<^p".^26of*^' 
pence  i/^  by  him  paid  M"  Sharrow  of  Boston  for  Nursing  him  while  ^bap.  235. 
Sick.     [Passed  February  20. 


CHAPTER    295. 

ORDER  IMPOWERING  THO^  HALE  &  SARAH  LANE,  EXECUTORS,  TO  SELL 
LAND  AND  MAKING  PROVISION  IN  REGARD  TO  THE   PROCEEDS. 

A  Petition  of  Thomas  Hale  and  Sarah  Lane  Executors  of  the  Legislative 
last  Will  and  Testament  of  Job  Lane  late  of  Brookfield,  dec''  shew-  coSxx?® 
ing  that  the  Personal  Estate  of  the  Deceased,  and  what  he  had  in  409.  Mass.  ' 
his  last  Will  allotted  of  his  Real  Estate  proves  insufficient  to  pay  248.        '    '  " 
the  Debts,  therefore  Praying  that  the  Petitioners  may  be  enabled  Mass. 
to  sell  the  Testators  Tracts  of  Land  and  Buildings  as  well  in  the  f^^^^^'^^-^^f^^-' 
Town  of  Brookfield  as  in  AVare  River  Parish,  for  the  Purposes  afore-  Journal, 

Qnirl-  pp.  245,  246. 

sciii-L .  Province 

Read  and  S^'io."'  ^^^' 

Ordered  that  the  prayer  of  the  Petition  be  Granted  and  that  the 
petitioners  be  &  hereby  are  fully  Impowered  to  make  Sale  of  the 
Land  within  mentioned  for  the  most  the  same  will  fetch  after  duly 


281  Provixce  Laws  {Eesolves,  etc.).  — 1754-55.     [Chap.  296.] 

posting  up  Notifications  of  y*  time  &  place  of  Sale  agreable  to  method 
prescribed  by  y®  Law  pass'd  in  the  Sixth  year  of  the  reign  of  His  Late 
Majestye  King  George  the  first  Chap :  3^^  Eelating  to  Executors  &  ad- 
ministrators seling  land  &  that  the  petitioners  first  give  bond  with 
suretys  to  the  Judge  of  Probate  for  y'^  County  of  Worcester  To  account 
for  y**  money  arising  by  Such  Sale  &  that  the  overpluss  if  any  there 
be  After  the  Just  debts  &  Necessary  Charges  are  paid  suffer  a  divi- 
sion among  the  heirs  accordiug  to  Law,     {^Passed  February  21,^ 


CHAPTER    296. 

ORDER  IMPOWERING  THE  TOWN  OF  HOLDEN  TO  LEVY   AND    COLLECT 
A  TAX   OF   THREE   FARTHINGS   PER   ACRE. 

Klford^of  the  ^  PETITION  of  the  Proprietors  of  the  Common  &  undivided  Lands 
Council,  XX.,  in  the  Town  of  Holden;  within  the  County  of  Worcester,  shewing 
Archivesfxiii.,  that  they  havc  voted  to  lay  a  Tax  of  three  farthings  an  Acre  upon 
587, 588, 590a.  ^  ;^^  ^^^^  Lauds,  withiu  the  said  Town,  and  have  chosen  Persons, 
Archives  xiii  "^^^  assessing,  collecting  &  receiving  the  said  Tax,  to  be  disbursed 
589.  Legisia-"'  for  the  finishing  their  Meeting  House,  and  for  as  much  as  the  Au- 
ti7e^(^uncu,*  °*  thority  of  this  Court  is  necessary,  for  the  Confirmation  of  the  said 
House  Jour  Votes,  Praying  that  the  Court  would  confirm  them  accordingly, 
nai, pp. 82, 240.       In  Council  Eead  and 

Ordered  that  the  prayer  of  the  petition  within  mentioned  be 
granted,  and  that  the  grant  of  a  Tax  of  three  farthings  ^  acre 
on  the  Lands  within  mentioned  for  the  purpose  there  set  forth 
made  by  the  Town  of  Holden  at  their  meeting  within  mentioned, 
be  and  hereby  is  ratified  and  Confirmed,  accordingly  and  that 
Sam'^  Pierce,  Joseph  Hubbard,  and  Jonathan  Level  of  said  Town 
be  authorized  as  Assessors,  to  proportion  the  Same  on  the  pro- 
prietors &  Inhabitants  of  s"^  Town;  and  that  John  Biglow  of  s** 
Town  be  impowered  &  directed  to  collect  the  Same;  and  that  Sam^^ 
Hubbard  within  mentioned  be  authorized  &  required  to  receive  & 
pay  the  S*^  Sum  for  y**  purposes  within  mentioned.  The  S*^  Assessors 
Collector  &  Treasurer  to  have  the  Same  power  therein,  as  the  Col- 
lectors, Assessors  &  Treasurers  in  other  Towns  by  Law  are  vested 
with. 

[In  the  House  this  order  was  nonconcurred  and  a  committee, 
of  whom  James  Minot  was  chairman,  was  chosen.  Their  report 
follows:] 

The  Com"®  to  whom  was  referred  y®  within  Petition  having  met 
&  maturely  Considered  the  same  are  humbly  of  Opinion  that  y® 
prayer  of  the  Petition  be  granted  &  that  the  Vote  of  Council  of 
the  18  Instant "  thereon  be  revived  &  pass  this  Honourable  Court  all 
which  is  Humbly  Submitted  ^^  order  of  y^  Com"® 

James  Minot 
In  Council 
Eead  and 
Ordered  that  the  within  report  be  Accepted. 

In  the  House  of  Eep^ 
Eead  &  Concurred.     \Pa88ed  February  21. 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  February  20. 
^  See  the  first  order. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  285 


CHAPTEK    297. 

VOTE  THAT  NO   SOLDIER  SHALL  RECEIVE   PAY  OVER  AND   ABOVE  HIS 
WAGES  FOR  NURSING. 

Voted,  That  no  Soldier  in  the  Service  of  the  Province  shall  Rgfords  of%he 

be  allowed  pay  from  the  Government,  over  &  above  his  Wages  for  council,  xx., 
his  nursing  or  Attendance  on  any  of  his  fellow  soldiers  during  any  Archives?' 
Sickness  wherewith  they  may  be  visited,  it  being  the  Duty  of  an  ixxiv.,  344. 
Officer  to  take  care  that  every  man  under  his  comma,nd  shall  per-  House  Jour- 
form,  as  near  as  may  be,  an  equal  part  of  Service.     \_Passed  Feb-      *^' 
ruary  21. 


CHAPTER    298. 

ORDER  IMPOWERING    JOHN    GILMORE,   JUN",   TO    ENTER    AN    APPEAL 
FROM  A  JUDGMENT. 

A  Petition  of  John  Gilmore,'  shewing  that  he  appealed  from  a  Legislative 
Judgment  of  John  Godfrey  Esq'  One  of  his  Majesty's  Justices  of  councif  xx^*^^ 
the  Peace  for  the  County  of  Bristol  upon  an  Information  against  370.  Mass.  ' 
him  of  selling  Strong  Drink  without  Licence,  but  being  far  from  lo!^  ives.cxx., 
Home,  he  could  not  procure  Sureties  to  prosecute  his  Appeal,  and  Mass. 
for  as  much  as  the  principal  Witness  against  him  has  receeded  from  ^^^^l^\    jg 
his  Testimony,  Praying  that  he  may  prosecute  his  Appeal  to  the  lative  Records 
Court  of  General  Sessions  of  the  Peace  for  the  said  County  of  Bristol,  x*x?4ii.''"°''"' 

Read  and  it  appearing  that  the  Adverse  Party  George  Morrey  has  House  Jour- 
been  served  with  a  Copy  of  this  Pet°  and  no  answer  being  given  in 
therefore 

Ordered  That  the  Prayer  of  the  Petition  be  granted  and  the  Peti- 
tioner hereby  is  impowered  to  prosecute  his  Appeal  from  Judgement 
of  John  Godfrey  Esq"^  to  the  Court  of  General  Sessions  of  the  Peace 
to  be  holden  at  Taunton  within. and  for  the  County  of  Bristol  on 
the  second  Tuesday  in  March  next  and  the  Justices  of  the  said 
Court  are  hereby  impowered  and  directed  to  hear  and  Try  the  said 
Appeal  enter  up  Judgment  and  award  execution  thereon  in  as 
ample  a  Manner  to  all  Intents  and  Purposes  as  if  the  said  Peti- 
tioner had  followed  the  Steps  of  the  Law  relating  to  Appeals  and 
that  the  pet"'  Notify  the  Adverse  party  George  Morey  with  this 
Order  Seven  days  before  the  Trial.     [^Passed  February  21. 


CHAPTER    299. 

ORDER    IMPOWERING    DAVID    PARKER,    GUARDIAN,    TO    SELL    REAL 
ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  David  Parker,  Guardian  of  John  Nichols  of  Mai-  Legislative 
den  a  Minor,  shewing  that  the  whole  of  the  said  Minors  Real  Estate  councif.xx.,  ^ 
consists  of  about  seven  Acres  of  Land,  and  part  of  a  dwelling  House,  Archwe^^  xix. 
which  would  be  more  beneficial  to  him  if  it  were  converted  into  252. 


Money,  praying  that  it  may  be  sold  accordingly.  Mass. 

Archives,  xix., 
•  In  Mass.  Archives,  exx.,  9,  the  petition  is  signed  by  "James  Gillmor  juner." 


286 


Province  Laws  {Resolves,  etc.).  — 1754-55.  [Chaps.  300, 301.] 


251.    House 

Journal, 

pp.  226, 246, 249. 


Read,  & 

Orderd  that  the  Prayer  of  this  Petition  be  granted,  &  the  Peti- 
tioner in  his  said  Capacity  be  &  he  is  hereby  impower'd  to  make  sale 
of  y®  said  minors  Interest  in  the  House  in  said  Petition  mentioned, 
for  the  most  that  it  will  fetch  he  first  giving  Publick  notice  of  the 
intended  Sale  in  time  &  manner  as  by  Law  is  directed  where  Lands 
are  sold  by  Executors  or  Administrators :  Provided  due  Caution  be 
given  to  the  Judge  of  Probate  for  the  County  of  Middlesex  that 
the  Proceeds  of  such  Sale  be  duly  applyed  so  far  as  is  necessary  to 
discharge  such  Debts  as  have  arisen  for  the  sujjport  &  Clothing  of 
said  Minor  or  as  shall  be  need  full  for  his  Comfort  &  Support; 

and  that  he  account  with  the  said  Judge  for  his  Proceedings  in  the 
Premises.     \_Passed  February  21. 


CHAPTER    300. 


ORDER  DIRECTING  THE  TRUSTEES  OF  HASSANIMISCO  INDIANS  TO  PAY 
£12.  10  TO  THE  SELECTMEN  OF  GRAFTON. 


Legislative 
Records  of  the 
Council,  XX., 
412.    Mass. 
Archives, 
xxxii.,  592. 

Mass. 
Archives, 
xxxii.,  592. 
House  Jour- 
nal, p.  245. 
Province 
Laws,  xiv.,  39, 
note. 


A  Petition  of  the  Select  Men  of  Grafton,  shewing  that  they 
have  applied  to  the  Trustees  of  the  Indians  of  that  Place,  for  the 
Payment  of  the  Charge  of  the  Sickness  and  Burial  of  Sarah  Burne, 
one  of  those  Indians,  but  the  said  Trustees  declined  to  do  any  thing 
therein  without  the  special  Order  of  this  Court,  Praying  this  Court 
would  give  Order  for  the  Payment  of  their  Account. 

Read  And 

Ordered  that  the  prayer  of  the  petition  be  Granted  and  that  the 
Trustees  of  the  Grafton  Indians  be  directed  to  pay  for  y®  purposes 
within  mentioned  the  sum  of  Twelve  pounds  Ten  shillings  remain- 
ing in  thar  hands  towards  Reimbursing  the  petitionrs  &  that  they 
pay  y®  Remainder  so  as  fully  to  In  demnifie  them  out  of  the  Inter- 
est mony  belonging  to  the  heirs  of  y®  Said  Sarah  Burne  Dec*^  as 
it  becomes  due.     \^Passed  February  21. 


CHAPTER    301. 


ORDER    IMPOWERING    MERCY    WADSWORTH,    ADM-^    TO     SELL    REAL 

ESTATE. 


Legislative 
Records  of  the 
Council,  XX., 
412.    Mass. 
Archives,  xix., 
250. 

Mass. 

Archives,  xix., 
249.    House 
Journal, 
pp.  240,241,244. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Mercy  Wadsworth,  Widow  and  Administ^  of  the 
Estate  of  Christopher  Wadsworth,  late  of  Duxbury  dec*^  shewing 
that  there  now  remains  of  the  Debts  on  said  Estate,  (and  no  per- 
sonal Estate  to  pay  them)  One  hundred  &  Six  Pounds  nine  shillings 
and  nine  pence,  praying  She  may  be  impowered  to  sell  so  much  of 
the  Real  Estate  as  will  discharge  the  said  Debts. 

Read  & 

Ordered  that  the  prayer  of  the  pef^  be  granted  and  that  the  pef 
in  her  Capacity  of  Adin^  to  Estate  of  Christ°  Wadsworth  Dec"^  be 
&  hereby  is  Impowered  to  make  Sale  of  So  much  of  the  real  Estate 
S^  Christ°  died  seized  of  as  to  pay  the  Sum  of  One  Hundred  &  six 
pounds  seventeen  shillings  &  Charges  And  to  Execute  good  &  suffi- 
cient Deed  or  Deeds  to  the  purchaser  or  purchasers  She  observing 


[2d  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1754-55.  287 

the  Rules  of  the  Law  respecting  the  Sale  of  Lands  by  Executors  or 
administrators  &  Accout  to  the  Judge  of  probate  .for  the  County  of 
Plymouth  for  the  proceeds  thereof.     {^Passed  February  21. 


CHAPTEK    302. 

VOTE   SUBSTITUTING  M^  JOSEPH  BILLING  FOR  JOHN  QUINCY,  ESQ»,  ON 
THE   GUARDIANS   OF  THE  PUNCAPAUG  INDIANS. 

John  Quincy  Esq^  having  declined  accepting  the  Trust  of  a  Legislative 
Guardian  to  the  Puncapaug  Indians,  to  which  he  was  chosen  and  councif  xx**^^ 
appointed  by  this  Court:  4i3. 

The  two  Houses  jDroceeded  this  day  to  the  Choice  of  a  Guardian  House  Jour- 
of  said  Indians  in  his  Room ;  And  M''  Joseph  Billing  was  duly  elected  ^ntifi'n^'^' 
by  the  Major  Vote  to  the  said  Trust.     {^Passed  February  21.  ciiap-  i^i- 


CHAPTER    303. 

VOTE  DESIRING  THE   CAPTAIN  GENERAL  TO   TAKE  OFF  THE  EMBARGO 
ON  FISHING  VESSELS. 

A  Petition  of  Jacob  Fowle  &  Robert  Hooper  Esq"  and  a  great  Legislative 
Number  of  others,  Inhabitants  of  Marblehead,  setting  forth  the  councif,  xx!f ^ 
great  Inconvenience  and  Damage  to  the  Fishing  Interest  there,  to  ^is.  Mass. 

o  o  o  7  Archives  Ixv. 

have  the  Embargo  extended  to  the  fifteenth  of  March,  Praying  72. 

that  as  to  the  Fishery  it  may  be  limitted  to  the  first  of  March.  Mass. 

Read  &  thereupon  ^^i^^^A'^uZ'' 

Voted  that  his  Excellency  the  Cap*  General  be  Desired  to  take  Journal,  p.  250. 

off  the  Embargo  Upon  Fishing  Vessels  Upon  the  first  of  march  Laws,  lii.,  837, 

Next.     [Passed  February  21.  l%i,thi^\ 

'iii. 


CHAPTER    304. 

ORDER    "WITH    STAY    OF    ALL    PROCEEDINGS    IMPOWERING    JOSEPH 
PLAISTED,  ADM=,  TO  BRING  FORWARD   A  WRIT  OF  REVIEW. 

A  Petition  of  Joseph  Plaisted  Adminisf  of  the  Estate  of  Joseph  ^^^Jsiative 
Plaisted  Esq'"  late  of  York,  in  the  County  of  York  dec*^  shewing  cmincif.xx., 
that  in  the  Year  1751,  the  said  Joseph  Plaisted  Esq""  (being  then  Archi^es^^ix. 
Sheriff  of  the  said  County)  was  by  one  Samuel  Walton  of  the  Prov-  ise,  i67. 


ince  of  New  Hampshire  pursued  in  the  Law  for  the  Escape  of  one  Mass. 
Stephen  Pierce  out  of  York  Goal  (altho  the  said  Escape  was  not  i63-i76.^\^'gis. 
occasioned  by  any  Neglect  of  the  said  Sheriff)  &  at  the  Super'  Court  Jf/ihl  Sicff 
in  June  1753,  the  said  Walton  recovered  Judgment  against  him,  xx.,413. 
upon  which  the  said  Sheriff  gave  Bond  to  prosecute  his  Action  of  na°"pp.'87l^io9, 
Review  of  the  said  Cause  at  the  next  Term,  but  was  prevented  by  224, 250. 
Sickness,  &  soon  after  that  he  died,  &  the  said  Walton  is  since 
deceased,  by  which  Means  the  Pet'  is  rendered  uncapable  of  pros- 
ecuting his  Action  of  Review  without  the  Aid  of  this  Court,  There- 
fore Praying  that  he  may  be  impowered  to  bring  forward  an  Action 


288 


Province  Laws  {Resolves,  etc.).  — 1754-55.  [Chaps.  305,  30G.J 


of  Eeview  against  the  Administraf  of  the  said  Waltons  Estate  or 
to  bring  his  Action  against  the  Treasurer  of  the  County,  because 
of  the  Insufficiency  of  the  Prison,  as  the  Real  Ground  of  the  said 
Escape,  &  that  he  may  not  be  obliged  to  satisfy  the  Judgment 
recovered  till  the  Issue  of  his  Action. 

The  Committe  to  whom  was  Refer'd  the  petition  within  men- 
tioned haveing  fully  Considered  the  Same,  with  the  papers  Accom- 
paing  it  Are  of  Opinion  that  the  prayer  of  the  ]3etition  be  So  far 
Granted  that  the  petitioner  in  his  Capacity  Afors*^  be  Impower'd  to 
bring  forward  a  writt  of  Reivew  at  the  Next  Superiour  Court  to  be 
holden  for  the  County  of  York  in  an  Action  wherein  the  S^  Joseph 
Plaisted  Dec*^  was  the  Original  Defend*  Against  the  Exec"  of  the 
Testament  of  Sam^^  Walton  Dec*^  and  all  further  proceedings  On  the 
former  Judgment  in  the  mean  time  be  Stay'd 

fj  Order  Johk  Greenleaf 

Read  and 

Ordered  that  the  above  Report  be  Accepted  &  that  the  Pef^  (in 
his  Capacity  aforesaid)  be  and  hereby  is  impowered  to  bring  for- 
ward his  Writt  of  Review  at  the  next  Superiour  Court  of  Judicature 
to  be  holden  at  York  within  and  for  the  County  of  York  of  the 
Action  mentioned  in  the  Petition  against  the  Executors  of  the  Tes- 
tament of  Sam'^  Walton  dec'^  and  the  Justices  of  the  said  Court  be 
and  hereby  are  impowered  and  directed  to  hear  and  Try  the  same 
enter  up  Judgement  and  award  Execution  thereon  and  the  Execut" 
and  all  other  Proceedings  on  the  former  Judgement  are  staid  in  the 
Mean  Time  provided  the  Pet''  give  Sufficient  Caution  to  the  Sheriff 
of  the  County  of  York  to  Respond  what  may  be  finally  adjudged 
due  w**^  Interest  from  this  day  until  paid.     \_Passed  February  '21. 


CHAPTER    305. 


ORDER  ALLOWING   £3.  19.  11   TO  D«  ELEAZ.   HARLOW. 


Legislative 
Records  of  the 
Council,  XX., 
414.    Mass. 
Archives, 
lxxiv.,340. 

Mass. 
Archives, 
Ixxiv.,  340. 
House  Jour- 
nal, pp.  241, 243, 


A  Petition  of  Eleazer  Harlow  of  Duxbury  Physician,  praying 
that  he  may  be  allowed  his  Accompt  of  Charge  for  Medicines  for 
several  Sick  Soldiers  belonging  to  the  Forces  late  under  the  Com- 
mand of  Major  General  Winslow. 

Read  & 

Ordered  that  there  be  Allowed  &  paid  out  of  the  publick  Treas- 
ury Unto  the  pef  Elea'  Harlow  the  sum  of  Three  pounds  Nineteen 
shillings  &  Eleven  pence  In  full  discharge  of  the  Ace*  within  men- 
tioned.    \^Passed  February  21. 


CHAPTER    306. 


ORDER    ALLOWING    THE    COMMITTEE    ON    THE    BROOKFIELD 
£11.  12.  3|  TO  BE  PAID  BY  THE  TOWN. 


AFFAIR 


Legislative  An  Accompt  presented  by  the  Committee  on  the  Affairs  of  Brook- 

cSif.xx.,^  field  of  their  Time  &  Expenee  in  attending  the  same,  amounting  to 
*'*•  £11.12.31/2. 


House  Jour- 
nal, p.  237 


Read  & 


[2d  Sess.]     Province  Laws  (Besolves,  etc.).  — 1754-55.  289 

Ordered  that  the  Sum  of  Eleven  Pounds,  twelve  Shillings  &  three  (April,  1754) ; 
pence  half  penny  be  paid  by  the  Town  of  Brookfield  to  Samuel  Watts  Sn<^p.  us, 
Esq"  and  others,  the  within  mentioned  Committee  in  full  Discharge  ciiJip-sss. 
of  their  Accompt.     [Passed  February  22. 


CHAPTEE    307. 

VOTE  DESIRING  THE    CAPTAIN    GENERAL    TO    SEND    WARLIKE    STORES 

TO  BROAD  BAY. 

Voted  that  his  Excellency  the  Captain  General  be  desired  to  Legislative 
give  Order  that  there  be  Sent  to  Broadbay  Three  small  Canon  councff  xx!^^ 
two  pounders  One  Barrel  of  Powder  &  a  proper  proportion  of  Ball  414.  Mass.  ' 
out  of  the  Magazine  of  the  province  And  put  the  same  Under  the  ixxiv.,  345. 
Care  of  some  proper  Officer  there  to  be  improved  for  the  defence  of  House  Jour- 
that  place  Against  the  Common  Enemy  &  not  otherwise.     [Passed  iiai,pp.25o,25i. 
February  22. 


CHAPTER    308. 

VOTE  ALLOWING   £47.  8.  3   TO  DAVID  INGERSOL,  ESQ^. 

An  Accompt  presented  by  David  Ingersol  Esq'"  of  the  Charge  of  Legislative 
billeting  Connecticut  Men  sent  for  the  Eelief  of  the  Inhabitants  of  council, xx., 

the  Town  of  Sheffield  in  the  late  Time  of  Danger  from  the  Indians,  — 

amounting  to  £58.4.2.  fe^^'^l?"''.^,, 

T7-/71  in  10  -T  ni  iim  Kecordsof  the 

Voted  that  there  be  allowed  &  paid  out  of  the  publick  Treasury  council,  xx., 
to  David  Ingersol  Esq"  the  Sum  of  Forty  seven  Pounds,  eight  Shil-  journl'i,^"''"^ 
lings  and  three  pence,  and  by  him  to  be  paid  to  the  several  Persons  pp-  ^°-^>  ^^• 
to  whom  it  is  due,  in  full  Discharge  of  the  within  Accompt.    [Passed 
February  22. 


CHAPTER    309. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE 
FOR  THE  COUNTY  OF  WORCESTER  AND  ALLOWING  £3.  4.  8  EXPENSE 
THEREOF. 

The  Committee  for  Letting  out  to  farm  the  Excise  upon  Spirit-  Legislative 
uous  Liquors  &c'*  in  the  County  of  Worcester  reported  that  they  councff,x*x!f^ 
had  let  out  the  same  to  Major  John  Chandler  of  Worcester  for  £351  Archive^cxx., 
and  taken  Bond  of  him  with  Sureties  and  lodged  the  same  in  the  21. 
Treasury,  their  Accompt  of  Charge  amounting  to  £3.4.8.  Mass. 

-n       1    Or  Archives,  cxx., 

XieciU  (\-  19    Province 

Ordered  that  the  report  be  Accepted  &  that  the  sum  of  Three  ^otl^'Houfe' 
pounds  four  shilling  &  Eight  pence  be  Allowed  &  paid  out  of  the  Journal,  p.  251. 
publick  Treasury  to  S'^  Committee  in  Discharge  of  their  Travil  &  chap,  m.**'' 
Expences.     [Passed  February  22. 


290 


Province  Laws  {Resolves, etc.).  — 1754-55.  [Chaps.  310,  311.] 


Legislative 
Records  of  the 
Council,  XX., 
415.    Mass. 
Archives,  cxx., 
26. 

Mass. 

Archives,  cxx., 
25.    House 
Journal, 
pp.  250,  251. 
Ante,  p.  187, 
chap.  48;  p.  229, 
chap.  151. 


CHAPTEE    310. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  ON 
TEA  &c.  FOR  THE  COUNTY  OF  WORCESTER,  AND  ALLOWING  18/  EX- 
PENSE THEREOF. 

The  Committee  for  letting  out  the  Excise  upon  Coffee,  Tea,  &c* 
in  the  County  of  Worcester,  reported  that  they  had  let  out  the  same 
to  M''  Nathaniel  Green  of  Worcester  for  £4.1  and  taken  Bond  of  him 
with  Sureties,  and  have  lodged  the  same  in  the  Treasury,  their  Ac- 
compt  of  Charge  amounting  to  £0.18.0. 

Eead  and 

Ordered  that  the  foregoing  Eeport  be  Accepted  And  that  the 
sum  of  Eighteen  Shillings  be  Allowed  &  paid  out  of  the  publick 
Treasury  to  S*^  Com*^®  in  Discharge  of  the  Above  Acc^  \_Passed 
February  22. 


CHAPTEK    311 


Legislative 
Records  of  the 
Council,  XX., 
415.    Mass. 
Archives, 
cxvi.,  707. 

Mass. 
Archives, 
cxvi.,  706,  708. 
Maps  and 
Plans,  Mis., 
XXXV.,  26. 
Legislative 
Records  of  the 
Council,  XX., 
292,411.  House 
Journal, 
p.  252a.    Ante, 
p.  205,  chap.  98. 


ORDER  FOR  CALLING  A  TOWN  MEETING  AT  DUNSTABLE. 

The  Committee  to  whom  was  referr'd  the  Petition  of  Ebenezer 
Sherwin  &  others,  Eleazer  Tyng  Esq''  and  others  of  the  Town  of 
Dunstable,  as  also  the  Petition  of  M'  John  Tyng  t&c'^  with  the  Papers 
accompanying  the  same,  having  heard  the  Parties,  concerned  beg 
Leave  to  observe  that  it  appears  to  the  Committee  that  the  main 
Ground  of  the  unhappy  Controversy  subsisting  betwixt  the  Parties, 
is  the  diversity  of  their  Sentiments  touching  the  most  suitable  and 
convenient  Place  for  the  Meeting  House  for  publick  Worshii^  refer'd 
to  in  the  Petition  first  before  mentioned,  (which  House  as  yet  remain- 
ing unfinished)  and  that  there  is  as  yet  no  hopeful  Prospect  of  recon- 
ciling their  Controversies  by  settling  any  lesser  Matters  of  Dispute 
among  them:  The  Committee  are  therefore  humbly  of  Opinion  that 
the  Inhabitants  of  the  said  Town  of  Dunstable  be  assembled  some- 
time in  the  Month  of  March  to  chuse  Select  Men  and  other  needful 
Town  Officers,  and  to  agree,  if  it  may  be,  upon  some  Place  which 
shall  be  judged  most  Convenient,  where  to  erect  their  Meeting  House 
aforesaid ;  Unless  the  Place  v\'here  said  House  now  stands  be  thought 
most  convenient;  And  the  further  Consideration  of  said  Petitions 
be  referr'd  to  the  next  Sitting  of  this  Court :  Also  that  all  Proceed- 
ings in  the  Law  against  the  Constables  or  Collectors  in  said  Town, 
in  said  Town,'  for  his  or  their  past  Doings  in  collecting  the  Taxes 
last  made  in  said  Town,  be  staid  in  the  mean  time ;  The  Committee 
are  further  humbly  of  Opinion  that  some  disinterested  Person  be 
appointed  and  authorized  by  this  Court  to  call  a  Meeting  of  the 
Inhabitants  of  Dunstable  for  the  Purposes  aforesaid,  and  such  other 
Purposes  as  may  be  mentioned  in  the  Notification  to  be  posted  up 
in  some  publick  Place  or  Places  within  said  Town,  setting  forth  the 
Time,  Place  and  Occasion  of  such  Meeting,  at  least  fourteen  days 
before  the  Time  for  holding  the  same:  And  that  the  same  Person 
who  may  be  authorized  to  call  said  Meeting,  may  by  Order  of  this 
Court  be  appointed  Moderator  of  said  Meeting,  and  the  said  Con- 
stables or  Collectors  proceed  no  further  in  collecting  said  last  men- 

*  Sic,  and  underlined  in  the  originaL 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  291 

tioned  Taxes :     All  which  is  humbly  submitted.  Per  Order  of 

the  Committee  John  Hill. 

Eead  &  Accepted  And 

Ordered  that  Samuel  Danforth  Esq'"  be  and  hereby  is  authorized 
and  impowered  to  call  a  Meeting  of  the  Town  [of] '  Dunstable  as  men- 
tioned in  the  within  Eeport  and  to  be  Moderator  of  the  same  and  all 
Persons  concerned  are  to  conform  themselves  accordingly.  {Passed 
February  24. 


CHAPTER    312. 

VOTE  IMPOWERING  HENRY  SWEET,  ADM^,  WITH  OTHERS,  TO  EXECUTE 

A  DEED. 

A  Petition  of  John  Sweet  of  Attleborough,  shewing  that  in  the  Legislative 
Life  time  of  his  Father  John  Sweet  dec''  he  purchased  of  him  about  couS'ff  xx!^^^ 
twenty  five  Acres  of  Land  lying  in  said  Town,  and  paid  for  the  same,  ^6.  Mass.  ' 
and  the  Deed  was  drawn  but  thro  the  Pet"  Negligence  it  was  not  246?  ^^^®'^'^'' 
signed.  Praying  that  this  Court  would  impower  Henry  Sweet  the  Mass! 
Adminisf  to  execute  the  said  Deed  to  the  Petitioner.  :^^'^''i?^^'^^^-' 

p  245.   House 

Kead  &  Joumai,  _ 

Voted  that  the  prayer  of  the  Petition  be  so  far  granted  as  that  25^af"^'  '^^^' 
Henry  Sweet  within  mentioned  be  &  hereby  is  Imjjowered  in  Con- 
juction  with  the  other  Children  of  the  S'^  John  Sweet  Dec''  &  with 
the  Consent  of  their  Guardians  &  Husbands  make  &  Execute  a  Deed 
of  the  premisses  Mentioned  in  the  petition  To  the  petitioner  &  his 
heirs  their  Minority  Notwithstanding  which  Deed  So  made  shall  be 
sufficient  Evidence  of  the  Title  of  the  Petitioner  to  the  Premisses. 
{Passed  February  24. 


CHAPTER    313. 

VOTE    ALLOWING    £3. 8. 6    TO    CHARLES    GOODRICH    AND    £2.  10. 6    TO 

ABNER  DEWEY. 

A  Memorial  presented  by  D'  Israel  Ashley  in  behalf  of  divers  Legislative 
Persons  in  the  Western  Frontiers  who  had  billeted  Connecticut  c^unclf  ^x*^^ 
Soldiers  at  the  Time  of  the  late  Attacks  from  the  Indians,  Pray-  4i7.  Mas's". '' 
ing  that  the  Charge  may  be  allowed  to  them,  to  be  paid  out  of  the  i^xiT.yilr. 
publick  Treasury.  Mass 

^e^^  ^  ....  ^Ss. 

Voted  that  the  sum  of  Three  pounds  eight  shillings  and  six  pence  House  Jour. 
be  Allowed  &  paid  out  of  the  publick  Treasury  to  the  pet^  &  by  him  nai.PP-24o,246. 
to  be  paid  to  the  within  Mentioned  Goodrich  &  the  Sum  of  Two 
pounds  Ten  shillings  &  Six  pence  to  S''  Dewey.    {Passed  February  25. 

*  Inserted  from  Legislative  Records  of  the  Council,  xx.,  416. 


292 


Province  Laws  (Besolves,  etc.).  — 1754-55.  [Chaps.  314-316.] 


Legislative 
Records  of  the 
Council,  XX., 
417.    Mass. 
Archives, 
xliv.,  175, 179. 

Mass. 
Archives, 
xliv.,  175-178. 
Legislative 
Records  of  the 
Council,  XX., 
284.    House 
Journal,  pp.  29, 
30,  31,  64, 112, 
253. 


CHAPTER    314. 

ORDER  REFERRING  THE  PETITION  OF  MOODY  RUSSELL,  FOR  LEAVE  TO 
APPEAL  FROM  A  JUDGMENT. 

The  Petition  of  Moody  Eussell  of  Barnstable  humbly  Sheweth 

That  your  Petitioner  being  Aggrieved  by  a  Judgment  of  the  Court 
of  General  sessions  of  the  peace  holden  at  Barnstable  within  and  for 
the  County  of  Barnstable  In  October  Last  upon  the  Complaint  of 
David  Goreham  Esq""  For  selling  Eum  Contrary  to  Law  since  the 
11*^  day  of  July  Last  &  before  the  First  of  October  Prayeth  that 
he  may  have^Liberty  of  Appeal,  etc. 

Eead  and 

Ordered  that  the  Consideration  of  this  Petition  be  further  referred 
to  the  second  Tuesday  of  the  next  sitting  of  this  Court.  [Passed 
February  25. 


Legislative 
Records  of  the 
Council,  XX., 
419.    Mass. 
Archives,  xiii., 
633. 

Mass. 

Archives,  xiii., 
634.    House 
Journal, 
pp.  253,  255. 
Love's  Fast 
and  Thanks- 
giving Days 
of  New  Eng- 
land, p.  497. 


CHAPTER    315. 

VOTE  DESIRING  THE  GOVERNOR  TO  APPOINT  A  PUBLIC  FAST. 

The  USUAL  Time  of  the  anniversary  day  of  Fasting  &  Prayer 
drawing  near,  and  there  being  affairs  of  the  utmost  importance  to 
this  &  the  other  British  Governm*^  in  america,  agitating  &  under 
consideration 

Voted  that  his  Excellency  the  Gov.  be  desired  with  the  advice  of 
the  Council  to  appoint  a  Day  as  soon  as  conveniently  may  be,  to  be 
set  apart  for  Solemn  fasting  &  Prayer  for  the  Divine  presence  &  bless- 
ing in  the  advancing  year  &  particularly  that  God  would  Direct  & 
succeed  us  in  our  publick,  great  &  important  concerns,  and  that 
all  servile  Labour  &  Recreations  be  strictly  forbidden  on  s**  Day.' 
[Passed  February  26. 


CHAPTER    316. 


ORDER  GRANTING  TO  DAVID  LYNDE   LICENCE   TO  KEEP  AN  INN. 


Legislative 
Records  of  the 
Council,  XX., 
420.    Mass. 
Archives,  cxi., 
343. 

House  Jour- 
nal, p.  257. 


A  Petition  of  David  Lynde  of  Leicester,  shewing  that  he  has 
purchased  a  Farm  in  said  Town,  that  his  House  there  is  commo- 
diously  situated  for  an  Inn,  &  has  been  used  as  an  Inn  for  above 
Twenty  Years  last  past;  Therefore  Praying  that  the  Court  of  Gen- 
eral Sessions  of  the  Peace  for  the  County  of  Worcester  may  be 
impowered  to  grant  the  Petitioner  a  Licence,  to  be  an  Innholder. 

Read  & 

Ordered  that  the  prayer  of  the  Petition  be  granted  And  that  the 
Justices  of  the  Court  of  General  sessions  of  the  peace  for  the  County 
of  Worcester  at  their  Next  Term  be  &  hereby  are  Impowered  If  they 
think  fit  to  Licence  the  Pef  to  be  an  Inholder  in  the  Town  of  Lieces- 
ter  he  Obtaining  the  Approbation  of  the  selectmen  of  S'^  Town  the 
Time  for  Granting  of  Licences  being  Elapsed  Notwithstanding. 
[Passed  February  26. 

'  The  fast  was  appointed  for  the  20'h  March,  1755,  and  was  public. 


[2d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1754-55.  293 

CHAPTEE    317. 

VOTE  ALLOWING  £800  FOR  BUILDING  BARRACKS  AT  CASTLE  WILLIAM. 

Voted  That  a  Sum  not  exceeding  Eight  hundred  Pounds  lawfull  Rlfo^'^g^Jf tj^^ 
Money  be  and  hereby  is  granted  for  the  building  of  Barracks  at  council,  xx., 
Castle  William  for  the  Reception  of  Soldiers,  the  said  Money  to  ArchWeY.^" 
be  put  into  the  hands  of  a  Committee  to  be  appointed  for  that  ixxiv.,  350. 
purpose  by  the  two  Houses,  which  Committee  are  hereby  strictly  Legislative 
injoined  not  to  extend  the  said  Works  so  as  to  Occasion  any  further  council, xx., 
Charge  to  this  Province  in  Order  to  compleat  the  same  and  that  the  journal,  p.'^^ss! 
work  may  be  done  in  the  most  cheap  &  expeditious  manner,  the  Com-  Ante,  p.'_254, 
mittee  are  directed  to  give  seasonable  public  Xotice  to  all  workmen  ^  ^^' '  °' 
&c  of  the  building  of  the  said  Barracks  the  said  Committee  to  be 
Accountable.     \_Passecl  February  27. 


CHAPTER    318. 

ORDER  FOR  ERECTING  A  BEACON  ON  THE  SPIT   OF    SAND    NEAR    THE  Legislative 

LIGHT  HOUSE.  Counclf  xi*^^ 

421.    Mass.  *' 

Ordered  That  the  Committee  upon  the  repairs  of  the  Castle  be  ^ychives,  ixv., 
directed  to  cause  to  be  erected  a  Beacon  on  the  Spit  of  Sand  near  House  Jour- 
the  Light-house,  in  the  room  of  that  which  was  carried  away  by  nai.  p-  -o9- 

Province 

the  late  Storm.     ^Passed  February  27.  La-nr8,xiv.,507, 

chap.  252. 


CHAPTER    319. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  FOR 
THE  COUNTY  OF  SUFFOLK  AND  ALLOWING  £3.  1.  6  FOR  THE  EXPENSE 
THEREOF. 

The  Committee  for  Letting  out  to  farm  the  Excise  upon  Spirit-  Legislative 
nous  Liquors  &c^  in  the  County  of  Suffolk,  made  report  that  they  council,  xx., 
had  let  out  the  same  to  Elisha  Jones  for  Two  Thousand  four  hun-  frcMv^eYcxx. 
dred  &  twenty  Pounds,  &  have  taken  his  Bond  with  Sureties,  The  24^ 


Committees  Account  of  Time  and  Expence  in  the  said  Service,  Mass. 
amounting  to  the  Sum  of  £3.1.6.  23^*^  mfuse^^'' 

Eead  &  S^p.-^e.'''- 

Ordered  That  this  Eeport  be  Accepted  &  that  the  sum  of  three  chap!  1%. 
pounds  One  shilling  &  six  pence  be  allowed  &  paid  out  of  the  public 
Treasury  to  the  Com*^^  appointed  to  farm  out  the  Excise  on  Spirit- 
uous Liquors  &c  in  the  County  of  Suffolk  for  their  Time  t&  Expence 
in  said  Service.     \_Fassed  February  27. 


294 


Province  Laws  {Resolves,  etc.).  — 1754-55.  [Chaps.  320,  321.] 


Legislative 
Records  of  the 
Council,  XX., 
422. 

House  Jour- 
nal, p.  259. 


CHAPTER    320. 

ORDER  REFERRING  ALL  UNFINISHED  MATTERS. 

Voted  that  all  Matters  lying  before  this  Court,  and  not  pass'd 
on,  have  the  same  day  at  the  next  Sitting  &  be  referr'd  accordingly. 
{Passed  February  27. 


CHAPTER    321. 


Mass. 

Archives, 
Ixxiv.,  349. 

Legislative 
Records  of  the 
Council,  XX., 
395,  397, 399  bis, 
400  bis,  401, 
402  bis. 


VOTE  THAT  THE  CAPTAIN  GENERAL,  UPON  INFORMATION  OF  THE  IN- 
TENTION OF  THE  OTHER  GOVERNMENTS  TO  JOIN  IN  THE  PROPOSED 
EXPEDITION  AGAINST  CROWN  POINT,  ISSUE  HIS  PROCLAMATION  FOR 
ENLISTING  THE   TROOPS  TO  BE  FURNISHED   BY  THIS  PROVINCE. 

Voted  That  upon  his  Excellency  the  Governour's  being  informed 
that  the  Governments  of  Connecticut  Ehode  Island  &  New  Hamp- 
shire consent  to  the  proposed  Expedition  to  Crown-Point,  then  he 
be  desired  forthwith  to  issue  his  Proclamation  for  the  raising  of 
this  Provinces  Quota  of  the  four  thousand  Men  exclusive  of  the 
eight  hundred  men  proposed  to  be  raised  by  New  York,  depending 
on  their  bearing  their  proportion  of  said  Expedition  by  finding  Can- 
non and  Warlike  Stores  Provisions  Battoes  &c  in  case  that  Govern- 
ment don't  raise  said  men ;  and  upon  said  proclamations  being  issued 
the  members  of  this  Court  are  absolved  from  their  Oath  of  Secrecy 
so  far  as  relates  to  the  said  Expedition.'     \^Passed  February  27. 

^  Not  found  in  the  House  Journal. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  295 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-fifth  Day  of  March,  A.D.  1755. 


CHAPTER    322. 

VOTE  DESIRING  THE  GOVERNOUR  TO   REQUEST  THE   COMMANDERS  OF  Legislative 
HIS  MAJESTY'S  SHIPS  OF  WAR  AT  NEWFOUNDLAND  TO  PREVENT  THE  Records  of  the 
EXPORTATION  OF  PROVISIONS  TO  THE  FRENCH.  426^  Mas^^"' 

Arcliives,  Ixv., 
81 

Voted  that  his  Excellency  y®  Governour  be  desircl  to  write  to  y®  — ■ 

Commanders  of  his  Maj*^-^  Ships  of  War  &  other  of  his  Maj*^'^  Officers  naTp^26T^" 
in  Newfoundland  to  restrain  as  much  as  in  them  lies  the  Exportation  La\vs°m  sss 
of  any  Provisions  to  y°  French  Settlements  in  America  &  to  acquaint  note.  'Ante,"' 
them  with  y®  Eesolutions  of  this  &  y®  Neighbouring  Governments  ler.'  'sufrd, 
on  that  head.     [Passed  March  26.  chap.  321. 


CHAPTER    323. 

ORDER  ADJOURNING  THE  INFERIOUR  COURT  OF   COMMON    PLEAS  FOR 
MIDDLESEX  COUNTY. 

Whereas  the  Inferiour  Court  of  Common  Pleas  for  the  County  Legislative 
of  middlesex  stands  adjourn'd  to  the  first  Tuesday  in  april  next;  councu^xl!^^ 
and  Whereas  two  of  the  Justices  of  said  Court  will  probably  be  426.  m.iss.  ' 
Unable  (by  reason  of  Bodily  Indisposition)  to  give  their  attendance  xiiv.,  159.' 
thereat  at  the  time  mentioned ;  and  whereas  divers  Persons  concerned  House  Jour. 
in  said  Court,  are  members  of  the  General  Court  or  assembly,  &  the  n^i.  pp- 263, 264. 
Importance  of  the  more  Publick  affairs  of  the  Province  now  depend- 
ing, demand  their  attendance  on  Duty  there: 

Therefore 

Order''d  that  all  Suits,  Process,  Recognizances  and  other  matters 
whatsoever,  having  Day  in  the  said  Court  of  Common  Pleas  to  be 
holden  by  adjournment  as  aforesaid,  be  &  they  are  hereby  Continued 
unto  the  Inferiour  Court  of  Common  Pleas  to  be  holden  at  Cam- 
bridge, within  &  for  the  s*^  County  of  middlesex  on  the  third  Tues- 
day in  may  next,  and  shall  be  then  &  there  heard,  tryed  &  deter- 
mined, and  such  Tryal  &  Determination  shall  be  deem'd  good  & 
effectual  in  Law,  to  all  Intents  &  Purposes  as  if  had  or  made  within 
the  Town  of  Charlestown  at  the  adjournment  of  s*^  Court  first  before 
mentioned :  and  the  Justices  of  said  Court  &  all  Persons  concern'd 
are  to  conform  themselves  accordingly.     [Passed  March  26. 


296  Province  Laws  {Resolves,  etc).  — 1754-55.  [Chaps.  324,  325.] 


CHAPTEE    324. 

VOTE  ACCEPTING  REPORT  OF  COMMITTEE  ON  THE  GOVERNOR'S  SPEECH, 
IN  REGARD  TO  THE  WESTERN  EXPEDITION  AND  ORDER  DIRECTING 
COPIES  THEREOF  TO  BE  SENT  TO  GOVERNMENTS  OF  CONNECTICUT, 
NEW  HAMPSHIRE  AND  RHODE   ISLAND. 

Recordfof  the       ^^^  REPORT  of  a  Committee  of  both  Houses  appointed  to  take 
Council,  XX.,     under  Consideration  his  Excellency's  Sj)eech  from  the  Chair,  on 

-^-^ the  25*^  Instant, 

RecordsoTthe       The  Committee  are  humbly  of  Opinion,  that  His  Excellency  be 
Counj^ii.  XX.,     desired  forthwith  to  issue  his  Proclamation  to  encourage  the  enlist- 
journai,  p.  261.  ing  the  Forces  proposed  to  be  raised  on  the  Part  of  this  Province 
diiap'.  32i!^*'      for  the  Western  Expedition ;  and  as  nothing  has  a  more  probable 
Tendency  to  promote  the  Design  of  said  Expedition  than  engaging 
a  great  Number  of  the  Indians  of  the  Six  Nations  therein;  The 
Com'^*  are  further  of  Opinion  that  His  Excellency  be  desired  to 
write  to  Col°  William  Johnson  by  Express,  and  to  engage  him  to 
use  his  utmost  Endeavours  to  secure  &  prepare  for  that  Service  as 
many  of  those  Indians  as  may  be ;  and  to  assure  him  that  the  neces- 
sary Charges  that  may  arise  therein  shall  be  born,  and  paid  by  this 
Province  in  the  same  Proportion  to  the  rest  of  the  Governments 
concerned,  as  the  other  Charges  arising  from  this  Expedition  shall 
be  determined  to  be  paid. 

And  in  as  much  as  it  doth  not  yet  appear  in  what  Manner  the 
Government  of  New  York  will  make  Provision  for  the  Service  of 
the  Expedition,  the  Committee  are  of  Opinion  that  it  will  be  most 
convenient  to  defer  the  Procuring  of  Battoes  untill  his  Excellencys 
Arrival  in  that  Province;  and  in  Case  it  shall  not  appear  that  suffi- 
cient Provision  has  been  made  by  the  Government  there  for  this 
part  of  the  Service,  That  his  Excellency  be  desired  in  such  Case, 
then  to  engage  in  behalf  of  this  Province  for  its  Proportion  of  said 
Battoes  as  he  shall  judge  reasonable,  &  necessary;  and  to  cause  the 
same  to  be  provided  accordingly. 

The  Committee  apj)rehending  it  to  be  of  Importance  that  the 
Matters  foregoing  should  be  forthwith  acted  upon,  thought  it  proper 
to  make  this  Partial  Eeport,  and  to  desire  Leave  to  sit  again,  and 
to  consider  and  report  on  the  other  Matters  contained  in  his  Excel- 
lency's Speech ;  All  which  is  humbly  submitted  By  Order  of 
the  Com*®^  J.  Osborne. 
Read  &  Accepted,  and  thereupon 

Ordered  that  Copies  of  this  Report  be  transmitted  to  the  Govern- 
ments of  Connecticut,  New  Hampshire  and  Rhode  Island.  \_Passed 
March.26. 


CHAPTEE    325. 

VOTE  APPOINTING  A   COMMITTEE  OF  WAR   ON    THE    EXPEDITION    TO 

THE   WESTWARD 

Legislative  l^  ye  HoUSe  of    Rep' 

Self,  XX ,  Voted  that  M^  Speaker  M'  Welles.  ColP  Brattle  M^  James  Bow- 

Archfvel,""        doin  Cap*  Williams  &  M^  James  Russel  w**^  such  as  y«  Hon^^^  Board 
ixxiv.,  36-2.        ghall  Joyn  be  a  Committee  on  the  part  of  the  Goverment  to  provide 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  297 

for  y*  Intended  Expedition  to  y®  Westward,  a  sufl&cient  quantity  of  ^^^s. 
Provisions  «&  "Warlike  Stores  and  other  things  necessary,  and  that  ixxiv.,362. 
y®  Committee  in  procuring  the  same  give  the  Preference  to  the  Recorlfonhe 
Inhabitants  &  the  Produce  of  this  Province  ^L^^'^h  ■  ^^•' 

In  Council  Read  &  Concur'd  &  John  Osborne,  Jacob  Wendell,  Journal,  p.  264. 
Ezek^  Cheever  Jn°  Wheelwright  Tho«  Hutchinson  &  Sam^  Watts  Laws^m.,  94i, 
Esq"  are  joined  in  the  Aifair.     \^Passed  March  26.  note. '  !«)"•«.' 


CHAPTEE    326. 

ORDER  IMPO\VERING  NATH'-  LORING,  GUARDIAN,  TO  EXECUTE  A  DEED. 

A  Petition  of  Nathaniel  Loring  of  Boston  Merch*  father  &  ^^^®|f*'^?  ^ 
Guardian  of  Hannah  Loring  a  Minor,  shewing  that  She  is  a  Pro-  Council,  xx., 

prietor  Avith  others,  in  the  Petition  named,  of  the  greatest  Part  — 

of  the  Lands  in  the  Township  of  Colrain,  otherwise  called  Boston  naTvf  2fr2"'^' 
N°  two,  that  all  the  rest  of  the  Proprietors  have  agreed  to  divide 
their  common  and  undivided  Lands,  and  have  accordingly  got  them 
surveyed  and  laid  out  into  Lots,  praying  that  the  Petitioner  as  Guar- 
dian to  his  Daughter  may  be  impowered  to  join  with  the  other  Pro- 
prietors in  said  Partition,  and  to  execute  such  Deeds  and  Instruments 
as  may  be  necessary  for  confirming  the  same 

Read  and 

07'dered  that  the  Petitioner  Nath^  Loring  in  his  Capacity  as  Guar- 
dian, be  and  he  is  hereby  impowered  in  behalf  of  his  Daughter  a 
Minor  to  execute  a  Divisional  Deed,  pursuant  to  the  Agreement  and 
Partition  set  forth  in  said  Petition,  and  that  the  Partition  aforesaid 
shall  be  as  valid  and  effectual,  as  if  said  Daughter  was  of  Age,  and 
had  executed  the  same.'     \_Passed  March  26. 


CHAPTEE    327. 

VOTE  IMPOWERING  JAMES  BOUTENEAU  &  WILLIAM  BOWDOIN,  GUAR- 
DIANS, TO  SELL  LAND  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 

A  Petition  of  James  Beautineau  &  James  Bowdoin  Esq""  Guar-  Legislative 
dians  of  the  Minor  Children  of  Belthazer  Bayard,  shewing  that  in  councif  xx*^^ 
December  last '  they  petitioned  this  Court  for  Liberty  to  sell  divers  42s.  Mass.  '_ 
Peices  of  Land  belonging  to  said  Minors,  (all  as  they  then  thought)  273.  ^^*^^'  ''^'^'' 
lying  in  the  Town  of  Eastham,  but  it  happens  that  one  of  those  Mass. 
Peices  of  Land  lyes  in  the  Town  of  Harwich,  therefore  praying  ^5°*^House^^'' 
that  they  may  be  impowered  to  sell  the  same.  Journal,  p.  127 

Voted  that  y«  Prayer  of  this  Petition  be  granted  &  that  y«  Peti-  SfpHe-i 
tioners  in  their  s^  Capacity  be  &  are  hereby  Impowerd  to  make  sale  fhlviss'^^' 
of  y^  piece  of  Land  mentiond  in  s*^  Petition  to  said  Nathan  Young 
&  Execute  a  good  Deed  of  sale  for  passing  y''  Title  of  y**  same,  & 
that  y*^  Money  arising  by  s**  Sale  be  let  out  on  Interest  for  y^  Benefit 

^  The  final  action  on  this  petition  not  found  in  the  House  Journal. 
^  A  mistake,  evidently,  for  1753.     See  ante,  p.  78,  chap.  176. 


298 


Province  Laws  {Resolves^  etc.).  — 1754-55.  [Chaps.  328,  329.] 


of  their  Wards  &  that  the  said  Guardians  give  Bond  to  y^  Judge 
of  Probate  for  y^  County  of  Suffolk  for  y''  faithfull  Performance  of 
their  Trust  as  Guardians.     \^Passed  March  26, 


CHAPTER    328. 


Legislative 
Records  of  the 
Council,  XX., 
429.    Mass. 
Archives, 
Ixxiv.,  353. 

Mass. 
Archives, 
Ixxiv.,  3.133. 
House  Jour- 
nal, p.  263. 


ORDER  ALLOWING  £7.  12  TO  JACOB   TUBES. 

A  Petition  of  Jacob  Tobbs  of  Pembrook  setting  forth  the  Charge 
he  has  been  at  in  the  Maintenance  of  Josiah  Mead  a  disabled  and 
indigent  old  Soldier,  and  a  Pensioner  of  this  Government,  and  pray- 
ing that  his  Charge  may  be  allowed  out  of  the  publick  Treasury. 

[Eead  and] 

Ordered  that  y®  Petitioner  Jacob  Tubbs  shall  receive  out  of  y® 
Province  Treasury  Seven  pounds  twelve  shillings  in  full  discharge 
of  his  Demand  for  boarding  &  lodging  Josiah  Meades.  thirty  Eight 
Weekes.'     [Passed  March  27. 


CHAPTER    329. 


ORDER  IMPOWERING  JOHN   HOAR,  ADM»,  TO   SELL  LAND  AND   MAKING 
PROVISION  IN  REGARD  TO   THE  PROCEEDS. 


Legislative 
Records  of  the 
Council,  XX., 
429.    Mass. 
Archives,  xix., 
244. 

Mass. 

Archives,  xix., 
243.     House 
Journal, 
pp.  224,  262,  263. 


A  Petition  of  Margaret  Stratton  Widow  of  Jabez  Stratton  late 
of  Lincoln  Dec*^  and  John  Hoar  Administrator  and  others,  shewing 
that  the  Personal  Estate  is  insufficient  to  pay  the  Debts,  and  the 
Widow  in  an  infirm  &  languishing  Condition;  Praying  that  the 
Eeal  Estate  may  be  sold,  the  Debts  paid  out  of  the  Produce,  and 
the  Widows  Dower  put  into  the  Hands  of  suitable  Trustees,  and 
She  releived  out  of  it  as  her  Circumstances  may  require. 

Eead  »& 

Orderd  that  y*^  Prayer  of  this  Petition  be  so  far  granted  that  y® 
s'^  John  Hoar'^  in  his  Capacity  as  Administrator  be  Impower'd  to 
make  Sale  of  all  y®  real  Estate  w^  the  said  Jabez  died  seized  &  pos- 
sess'd  of  &  to  make  &  Execute  a  good  Deed  or  Deeds  for  conveying 
the  same  to  such  Person  or  Persons  that  will  give  most  for  it.  he  to 
observe  y^  Directions  in  the  Law  for  y'^  sale  of  Eeal  Estates.  &  that 
one  third  part  of  y®  proceeds  of  such  sale  be  allotted  to  y*  said 
Widow  during  her  Naturall  Life  she  giving  Bond  to  y^  Judge  of 
Probate  for  the  County  of  Middlesex  w*''  sufficient  Surety  that  y" 
said  third  part  shall  at  her  Decease  return  to  y"  Lawfull  Heirs  of 
y"  said  Jabez  &  that  the  said  John  Hoar  be  Accountable  to  y"  Judge 
of  Probate  for  the  other  two  thirds.      \_Passed  March  27. 

1  Final  action  on  this  petition  not  found  in  the  House  Journal. 
*  The  House  Journal,  p.  263,  reads,  ^^  John  Starr." 


[3d  Sess.]     Province  Laws  [Besolves,  etc.).  — 1754-55.  299 


CHAPTEE    330. 

ORDER  OF  NOTICE   WITH   STAY   OF  EXECUTION  ON    THE    PETITION    OF 
DUNCAN  CAMPBELL  TO  SET  OFF  ONE  JUDGEMENT  AGAINST  ANOTHER. 

A  Petition  of  Duncan  Campbell  of  Oxford,  shewing  that  not-  Legislative 
withstanding  he  had  fully  paid  off  a  Bond  he  had  given  to  Elisha  councif,  xx!|^^ 
Putnam,  yet  the  said  Putnam's  Receipts  not  being  endorsed  on  the  ^rchwes^^" 
Bond,  Putnam  assigned  over  the  Bond  to  David  Hall  who  has  recov-  xiiv.,  i62.' 
ered  Judgment  against  the  Petitioner,  and  the  Petition""  has  Judg-  Mass. 
ment  against  the  said  Putnam ;  Praying  that  the  Sheriff  of  the  County  xHv';"I|^; 
of  Worcester,  may  be  ordered  by  this  Court  to  set  one  Judgment  House  Jour, 
against  the  other,  and  Execution  against  the  Petitioner  be  staid  in      '^"  ^' 
the  mean  time. 

Read  & 

Orderd  that  y'^  Petitioner  serve  y^  adverse  Party  David  Hall  with 
a  Coppy  of  this  Petition  that  he  shew  Cause  (if  any  he  have)  on 
yfi  ^th  Qf  ^/^pi-ii  next  if  y^  Court  is  then  sitting,  if  not,  on  y*"  Second 
Fryday  of  y*"  next  Sitting  of  y"  Court  in  may,  why  the  Prayer  thereof 
should  not  be  granted  &  that  Execution  be  staid  in  y^  mean  time, 
he  s''  Campbell  giveing  Security  to  y^  sheriff  of  y"  County  of  Worces- 
ter to  pay  all  Damages  that  may  be  Sustaind  by  means  of  this  Delay. 
{Passed  March  28. 


CHAPTEE    331. 

VOTE  IN  REGARD  TO  THE  PROVINCE  TAX  IN  THE  TOWNS  OF  STOUGH- 
TON  AND   WRENTHAM,  HALIFAX  AND  PEMBROKE. 

Voted  that  for  the  future  the  sum  of  five  shillings  &  Ten  pence  Mass. 
for  Each  Thousand  pounds  be  taken  from  the  Town  of  Stoughtons  ^^yn^'^fl;  • 
proportion  of  the  province  Tax  And  be  Added  to  the  Town  of  Wren-  House  Jour — 
tham  And  also  in  the  Next  j)rovince  Tax  the  Town  of  Stoughton  nai,  pp.  219, 266. 
be  Abated  five  pounds  three  shillings  &  Ten  pence  and  that  S''  Sum  4lp!  145!^^' 
be  Added  to  S'^  Wrenthams  province  Tax 

Also  that  for  the  future  there  be  taken  from  the  Town  of  Halli- 
fax  proportion  of  the  province  Tax  fifteen  pence  for  each  Thousand 
pounds  &  Added  to  the  Town  of  Pembrook  And  Also  in  the  Next 
province  Tax  the  Town  of  Hallifax  be  Abated  One  pound  two  shil- 
lings &  two  pence  &  that  S*"  Sum  be  added  to  S'^  Pembrook  prov- 
ince Tax.     {Passed  March  28. 


CHAPTEE    332. 

ORDER  ALLOWING  18/  OVER  AND   ABOVE   THE  BOUNTY,  TO  EACH  SOL- 
DIER  ENLISTING  FOR   THE   EXPEDITION   WESTWARD. 

Ordered  that  there  be  allow'd  and  paid  out  of  the  Publick  Treas-  Legislative 
ury  Unto  Each  able  Bodied  Effective  Non  Commission  Officer  &  ^oS^  xx!^^ 
Private  Soldier  who  shall  Inlist  in  the  Expedition  Westward  the  43i.  Mass. '' 
Sum  of  Eighteen  Shillings  Over  &  above  the  Bounty  already  Granted  i^I^v.Htt. 


300 


Province  Laws  (Besolves,  etc.).  — 1754-55.  [Chaps.  333-335.] 


Mass. 
Archives, 
Ixxiv.,  374-376. 
Legislative 
Records  of  the 
Council,  XX., 
430.    House 
Journal,  p.  267. 
Ante,  p.  296, 
chap.  324. 


to  be  paid  upon  his  Inlisting,  &  In  Case  he  appear  upon  Muster,  with- 
out Sufficient  Fire  Arms  S*^  Sum  to  be  deducted  out  of  his  Wages. 
And  that  the  wages  &  Subsistance  of  S*^  Non-Commission  Officers 
&  Soldiers  shall  Commence  at  their  Arrival  at  the  Place  of  Eendez- 
vouz  within  this  Province  with  a  proper  additional  Allowance  for 
Travel  to  the  Place  of  Eendezvouz,  And  that  his  Excellency  the 
Captain  General  be  desired  to  Give  Assurance  to  S*^  Soldiers  that 
they  shall  not  be  sent  upon  any  service  to  the  Southward  of  Albany 
and  be  discharg'd  in  Eight  Months  from  their  being  first  Muster'd 
and  that  his  Excellency  Tje  desir'd  to  Issue  his  proclamation  Accord- 
ingly.    [Passed  March  29. 


CHAPTER    333. 


Legislative 
Records  of  the 
Council,  XX., 
431.    Mass. 
Archives, 
Ixxiv.,  373. 

House  .Jour- 
nal, p.  269. 
Ante,  p.  294, 
chap.  321. 


ORDER  ALLOWING  ADVANCE  PAY  TO  THE    SOLDIERS    OF    THE    CROWN 
POINT  EXPEDITION. 

Ordered  as  a  farther  encouragement  to  Able  bodied  &  Effective 
men  to  engage  in  the  Expedition  to  Crown  point  that  Each  Non 
Commission  Officer  &  private  soldier  shall  receive  One  Months  Ad- 
vance pay  upon  the  first  Muster.     [Passed  March  29. 


Legislative 
Records  of  the 
Council,  XX., 
432.    Mass. 
Archives, 
Ixxiv.,  371. 

Legislative 
Records  of  the 
Council,  XX., 
401.    House 
Journal,  p.  269. 
Province 
Laws,  iii.,  942, 
note.    Supra, 
chap.  333. 


CHAPTEE    334. 

VOTE  DESIRING  THE    CAPTAIN    GENERAL    TO    ENLIST    300    ADDITIONAL 
MEN  FOR  THE   CROWN  POINT  EXPEDITION. 

Voted  that  his  Excellency  the  Cap*  Gen'  be  desired  to  Inlist  Three 
Hundred  Able  bodied  Effective  men  for  the  Expedition  to  Crown 
Point  In  Addition  to  the  Twelve  Hundred  Already  granted  And 
that  they  shall  have  the  same  Bounty  &  Wages  in  all  Eespects  as 
those  heretofore  Ordered.     [Passed  March  29. 


CHAPTER    335. 


Mass. 

Archives,  vi., 
196a. 

House  Jour- 
nal, p.  271. 
Ante,  p.  296, 
chaps.  324,  325. 


VOTE  IMPOWERING  THE  COMMITTEE  OF  WAR  TO  APPOINT  PERSONS 
TO  CONFER  WITH  PERSONS  APPOINTED  BY  ANY  OF  THE  GOVERN- 
MENTS IN  REGARD  TO  THE  WESTERN  EXPEDITION. 

Voted  that  the  Committee  of  War  be  &  hereby  are  authorized 
&  impowered  to  appoint  one  or  more  persons  to  meet  with  such 
person  or  persons  as  may  be  appointed  by  all  or  any  of  the  Govern- 
ments concerned  in  the  Western  Expedition  &  to  settle  and  deter- 
mine what  stores  may  be  necessary  to  be  provided  by  this  &  the 
other  Governments  respectively  for  the  service  of  said  Expedition. 
[Passed  March  29. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  301 


CHAPTER    336. 

ORDER    SETTING    OFF    JOHN    LITTLEHALE    AND    OTHERS    WITH    THEIR 
ESTATES  FROM  DRACUT  TO  DUNSTABLE. 

The  Petition  of  us  the  Subscribers  humbly  Shew  that  we  have  Legislative 
Four  Hundred  acres  of  Land  in  Dracut  with  Three  Houses  erected  councif  xx!^^ 
on  the  same  adjoyning  to  the  Town  of  Dunstable  which  said  Lands  ^4.  Mass.  ' 
is  five  &  a  Half  Miles  distance  from  Dracut  Meeting  House  and  but  491.        '    "' 
about  Two  Miles  from  a  House  building  in  Dunstable  for  the  Pub-  Mass. 
lick  Worship  of  God;  which  will  be  very  inconvenent  for  us  to  ^o'^'^House^*' 
Attend  the  Publick  Worship  of  God  at  Dracut  aforesaid         your  Journal, 
Petitioners  therefore  humbly  Pray  your  Excellency  &  Honours  that  ^*^' 
our  said  Lands  may  be  annexed  to  the  said  Town  of  Dunstable,  and 
your  Pet"  as  in  Duty  bound  Shall  ever  pray  &c 

John  Littlehale, 
Abraham  Littlehale 

his 

James  x   Littlehale 

marke 

Eead  and  it  appearing  that  the  Town  of  Dracut  had  been  served 
with  a  Copy  of  this  Petition '  and  have  made  no  Answer  thereto 
Therefore 

Ordered  that  the  Prayer  of  the  Petition  be  granted  and  the  Peti- 
tioners with  their  Estates  mentioned  in  the  Petition  be  and  hereby 
are  set  off  from  the  Town  of  Dracut  and  and  *  annexed  to  the  Town 
of  Dunstable  there  to  do  Duty  and  receive  Priviledge  accordingly 
Provided  the  Petitioners  pay  the  Taxes  already  laid  on  them  by 
the  Town  of  Dracut.     \^Passed  April  22. 


CHAPTER    337. 

ORDER    ALLOWING    £443.  10. 5  TO   JOHN    WHEELWRIGHT    COMMISSARY 

GEN^-. 

An  Accompt  presented  by  John  Wheelwright  Esq^  Commissary  Legislative 
General  of  his  Disbursem*^  for  the  Purchase  of  Provisions,  Cloath-  councif  xx!*^* 
ing  and  other  Stores  for  the  Forces  &  Garrisons  in  the  Service  of  434. 
the  Province,  and  of  his  Receipts  of  Moneys  out  of  the  publick  House  Jour- 
Treasury,  Ending  in  May  1754,  Ballance  whereof  due  to  the  said  "fJ-PP-i^^.ais, 
Commissary  General  the  Sum  of  is  £443.10.5.  Read  & 

Ordered  that  there  be  allowed  and  paid  out  of  the  publick  Treas- 
ury to  John  Wheelwright  Esq""  Commissary  General  the  Sum  of  Four 
hundred  &  forty  three  Pounds,  ten  Shillings  &  five  pence,  in  full 
Discharge  of  the  above  Acco*.     [^Passed  April  22. 

*  The  petition  has  not  been  found  in  Legislative  Records  of  the  Council ;  it  is  taken 
from  Mass.  Archives. 
2  Sic. 


302 


Province  Laws  {Besolves,  etc.),  — 1754-55.  [Chaps.  338-340.] 


CHAPTEE    338. 


ORDER  ACCEPTING  THE  SPECIES  ACCOUNT  OF  THE  COMMISS^'  GENERAL. 


Legislative 
Records  of  the 
Council,  XX., 
434. 

House  Jour- 
nal, p.  91. 
Supra,  chap. 
337. 


An  Accompt  presented  by  John  Wheelwright  Esq""  Commissary 
General  of  the  several  Species  of  Provisions,  by  him  purchased  for 
the  Forces  and  Garrisons,  and  the  Expence  thereof  in  the  Service, 
and  the  Ballance  remaining  in  his  Hands. 

Eead  & 

Ordered  that  John  Wheelwright  Esq''  Commissary  General  be 
further  accountable  for  One  hundred  &  eighty  three  Barrells  of 
Pork;  Two '  hundred  &  twenty  two  and  %  Bushells  of  Pease  in  his 
next  Acco*  of  Sj)ecie.     [Passed  April  22. 


CHAPTER    339. 


ORDER  ACCEPTING  THE  ACCO^  OF  INDIAN  TRADE. 


Legislative 
Records  of  the 
Council,  XX., 
434.    Mass. 
Archives, 
ccxlviii.,  655. 

Mass. 
Archives, 
ccxlviii.,  642. 
House  Jour- 
nal, p.  92. 


An  Accompt  presented  by  John  Wheelwright  Esq"^  of  Goods  by 
him  purchased  for  the  Indian  Trade  &  Furrs,  and  other  Things 
received  in  Exchange  the  last  Year,  Stock  in  his  Hands  being 
£35,056.18.11  Old  Tenor. 

Ordered  that  John  Wheelwright  Esq''  the  Officer  for  managing 
the  Indian  Trade  be  further  accountable  for  the  Sum  of  Thirty  five 
thousand  and  fifty  Six  pounds,  8/11''  Old  Tenor.     {Passed  April  22. 


CHAPTEE    340. 


ORDER  OF  NOTICE  WITH  STAY  OF  EXECUTION  ON    THE    PETITION    OF 
ARCHIB»  GREENFIELD. 


Legislative 
Records  of  the 
Council,  XX., 
435.    Mass. 
Archives, 
xliv.,  128. 

Mass. 
Archives, 
xliv.,  126. 
House  Jour- 
nal, pp.  242, 276. 
Ante,  p.  280, 
Chap.  286. 


A  Petition  of  Archibald  Greenfield  shewing  that  by  Eeason  of 
the  late  great  Storm  of  Snow  he  was  hindred  from  seasonably  serv- 
ing William  Mayberry  with  a  Copy  of  his  Petition,  according  to  the 
Order  of  Court  in.  February  last.  Praying  that  said  Pet"  may  be  con- 
tinued to  the  next  Session  and  then  considered,  &  Execution  stayed 
in  the  mean  time: 

Eead  and 

Ordered  that  the  Pef^  serve  the  Adverse  Party  with  a  Copy  of  this 
Pet""  that  he  shew  Cause  (if  any  he  have)  on  the  second  Wednes- 
day, of  the  Next  May  Session  why  the  Prayer  thereof  should  not 
be  granted  &  that  Execution  be  stayed  in  the  mean  time  Provided 
the  Pef  give  sufficient  Security  to  the  Sheriff  of  the  County  of 
Essex  to  pay  what  now  is  or  finally  may  be  Adjudg*^  due.  [Passed 
April  28. 

^  The  House  Journal,  p.  91,  reads,  "four." 

^  Legislative  Records  of  the  Council,  xx.,  435,  reads,  "  eighteen  Shillings." 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  303 


CHAPTER    341. 

ORDER  GRANTING  TO  TIM'^  TAYLOR  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Timothy  Taylor  of  Medfield,'  shewing  that  he  is  Legislative 
removed  into  a  House  there,  which  for  more  than  Thirty  years  past,  councif,  xx!*^^ 
has  been  licenced  as  a  Tavern,  Prayins:  that  the  Court  of  General  435.  Mass.  ' 

•  A.rcliiVGS  CXI 

Sessions  of  the  Peace  for  the  County  of  Middlesex,  may  be  impow-  34s.        '  '  " 
ered  at  their  next  Session  to  grant  him  a  Licence.  Mass. 

T?pqfl   I'Jr  Archives,  cxi., 

Ordered  that  the  prayer  of  the  pet°  be  granted  &  that  the  Jus-  Journal,  p.  275. 
tices  of  the  Courts  of  General  sessions  of  the  peace  for  the  County 
of  Middlesex  be  &  hereby  are  Impowered  (if  they  think  fit)  to 
Licence  the  pef  to  be  an  Inholder  in  the  Town  of  Medford  he 
Obtaining  the  approbation  of  the  selectmen  of  S*^  Town  the  time 
for  granting  of  Licences  being  Elapsed  Notwithstanding.  \_Passed 
April  23. 

CHAPTER    342. 

ORDER  GRANTING  TO  JOSEPH  PEIRCE  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Joseph  Peirce,  shewing  that  he  has  purchased  Refords'of  the 
a  House  in  Woburn,  well  accomodated  for  an  Inn,  and  which  has  Council,  xx., 
been  used  as  such  for  divers  Years  past,  Praying  that  the  Court  of  ArcM^ves.^cxi., 

General  Sessions  of  the  Peace  for  the  County  of  Middlesex,  may  ^_^ 

be  impowered  to  grant  him  a  Licence  at  their  next  Term.  House  Jour- 

Ordered  that  the  prayer  of  the  Petition  be  so  far  granted  as  that 
the  Justices  of  the  Courts  of  General  Sessions  of  the  peace  for  the 
County  of  Middlesex  at  their  Next  Term  be  &  hereby  are  Imjjowered 
if  they  see  fit  to  Licence  the  pef  to  be  an  Inholder  in  the  Town 
of  Woburn  he  Obtaining  the  Approbation  of  the  Select  men  of  S*^ 
Town  the  time  for  granting  of  Licences  being  elapsed  Notwith- 
standing.    [^Passed  April  23. 


CHAPTER    343. 

ORDER  IMPOWERING  EDW»  AUGUSTUS   HOLYOKE,  GUARDIAN,  TO    JOIN 
WITH  OTHERS  IN  SELLING  REAL  ESTATE. 

A  Petition  of  Edward  Augustus  Holioke,  Guardian  to  Anna  Legislative 
«&  Priscella  Holioke,  (Daughters  of  the  Rev'i  M^  Edward  Holioke,  ^^S° co",  xx!!"* 
Presid*  of  Harvard  Colledge,)  Minors,  shewing  that  they  are  inter-  ^6.  Mass.  ' 
ested  (with  others)  in  a  small  House  &  Land,  in  Ipswich,  which  is  289.        ' '    " 
uncapable  of  being  divided,  without  great  Prejudice,  Praying  that  Mass. 
he  may  be  impowered  in  behalf  of  the  said  Minors,  to  join  with  ^g*''^ House''"'" 
the  rest  of  the  Proprietors  in  the  Sale  of  the  said  Estate :  journal,  p.  277. 

Read,  and 

Ordefd  that  the  Prayer  of  the  within  Petition  be  granted,  and 
that  the  Petitioner  in  his  Capacity  as  Guardian  of  the  minors  in 
said  Petition  mentioned,  be,  &  he  is  hereby  authoriz'd  &  impower'd 

*  The  House  Journal,  p.  275,  reads,  "  Medford." 


304. 


Province  Laws  {Resolves,  etc.).  — 1754-55.  [Chaps.  344-346.] 


to  joyn  with  the  other  Persons  interested  in  the  Building  &  Lands 
mentioned  in  making  Sale  of  the  same,  and  to  execute  a  good  & 
sufficient  Deed  or  Deeds  of  Conveyance  thereof:  The  said  minors 
proportion  of  the  Proceeds  of  such  Sale  to  be  let  out  at  Interest, 
or  otherwise  improv'd  for  their  greatest  Benefit:  The  said  Guardian 
to  he  accountable  to  the  Judge  of  Probate  for  the  County  of  Mid- 
dlesex for  the  Principal  Sum  &  the  Interest  arising  therefrom,  (with 
the  application  thereof),  when  thereunto  lawfully  required.  \_Passed 
April  23. 


CHAPTEE    344. 


VOTE   OMITTING  TAXES  ON  DOGS  IN  BEVERLY. 


Legislative 
Records  of  the 
Council,  XX., 
436.    Mass. 
Archives,  i., 
282. 

Mass. 

Archives,  i., 
281.    House 
Journal, 
pp.274,  275. 
Province 
Laws,  iii.,  7.56, 
chap.  8 ;  817, 
note. 


Whereas  the  Inhabitants  of  the  Town  of  Beverly,  being  of 
Opinion  that  the  Destruction  of  their  Sheep  of  late  years,  was 
"occasioned  more  by  Wolves  than  unruly  Dogs,  have  made  Applica- 
tion to  this  Court  that  the  Operation  of  the  Act  pass'd  in  the  last 
May  Session  relating  to  such  Dogs  might  be  suspended,  therefore 

Voted 

That  the  respective  Assessors  of  the  Town  of  Beverly  for  the 
years  1755  &  1756  be  &  hereby  are  required  in  the  making  the 
assessments  of  s**  Years  respectively  to  omit  taxing  any  persons  in 
Consequence  of  the  afores"^  Act.     \^Passed  April  23. 


CHAPTEE    345. 


VOTE  FOR  AN  ADDIT'-  BOUNTY  TO  THE  SOLDIERS  FOR    THE    CROWN 
POINT  EXPEDITION. 


Legislative 
Records  of  the 
Council,  XX., 
436.    Mass. 
Archives, 
Ixxiv.,  396. 

Legislative 
Records  of  the 
Council,  XX., 
435,436.   House 
Journal, 
pp.  280,  281. 
Ante,  p.  300, 
Chap.  333; 


Voted  that  as  a  further  encouragement  to  the  Non  Commission 
Officers  &  Soldiers  that  Inlist  to  go  in  the  Expedition  to  Crown 
point  that  Six  dollars  Shall  be  paid  to  each  able  bodied  Effective 
man  that  Shall  provide  him  self  Sufficient  firearms  (to  be  inclu- 
sive of  that  already  granted  by  the  Government)  viz :  four  dollars 
at  the  time  of  Inlisting  &  the  other  two  upon  their  Muster  &  pro- 
ducing their  fire  Arms  And  that  their  pay  commence  at  the  time 
they  have  or  may  Inlist  &  their  Subsistance  at  the  time  of  their 
Marching  from  their  Habitations  to  the  place  of  rendezvous  and 
that  no  deduction  be  made  out  of  their  Wages  for  any  of  the  dol- 
lars they  may  receive  and  that  the  Commander  in  Chief  be  desired 
forthwith  to  make  the  Same  publick.     [^Passed  April  24. 


CHAPTEE    346. 

ORDER  IN  REGARD  TO  THE  DISTRIBUTION  OF  THE  PRINTED  BOOK  OF 
TEMPORARY  LAWS. 


Recordfofthe       Ordered  that  the  printer  employed  to  Print  the  Temporary  Laws 
Council,  XX.,     be  directed  at  the  Charge  of  the  Government  to  Deliver  One  to 
each  Member  of  the  General  Court  One  to  Each  Town  &  District 


437.    Mass. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  —  1754-55.  305 

in  the  Province  One  to  the  Clerk  of  the  Snperiour  Court  &  One  to  ^j^cwves, 
Each  of  the  Clerks  of  the  Courts  in  the  Several  Counties  in  the  tUl::-^ — . 
province  for  their  Use.     [Passed  Ajiril  24.  iiai"p.  280^" 


CTTA"pmTp~p       Q17  Legislative 

•tlii-X    1  -Ci -K      0±i.  Records  of  tlie 

Council,  XX., 
437.    Mass. 

ORDER  FOR  REPAIRING  THE  PLATFORMS  AT   CASTLE   WILLIAM.  Archives, 

Ixxiv.,  395. 


Ordered  that  the  Committee  for  the  Repairs  of  Castle  "William  Records"of^the 
be  directed  as  Soon  as  may  be  to  make  the  Necessary  repairs  of  the  ^g'^^'^^ '''^^'' 
Platforms  there  &  if  they  think  fit  to  repair  part  of  them  with  Flat-  Journal,  p.  279. 
stones.     [Passed  April  24.  Laws,''xfv.,507, 

chap.  252. 


CHAPTEK    348. 

ORDER  SETTING   OFF  DIVERS  INHABITANTS  AND  THEIR  ESTATES  FROM 
CHELMSFORD   TO  DUNSTABLE. 

A  Petition  of  Jonathan  Tyng,  Willard  Hall  jun""  and  John  Legislative 
Alford  Tyng  shewing  that  they  are  Owners  of  a  Tract  of  Land  councff,  xx.^^ 
in  the  Town  of  Chelmsford  consisting  of  Three  hundred  &  thirty  2i)2,437.'  Mass. 

Arcliivcs 

Acres,  "whereon  they  have  erected  two  Houses,  and  are  about  to  cxvi.,  751'. 
build  a  third ;  which  Land  is  between  five  &  six  Miles  distant  from  Mass. 
Chelmsford  Meeting  House,  &  but  about  a  Mile  &  an  half  &  two  ^xvi!!744l7oo. 
Miles  from  Dunstable  Meeting  House,  now  building,  praying  that  House  Jour-_ 
the  said  Land,  and  the  Inhabitants  thereon  may  be  sett  off  to  the  277,' 278'.   ''°'^* 
Town  of  Dunstable; 

The  Committee  appointed  on  .the  Petition  of  Jonathan  Tyng, 
Willard  Hall  jun''  and  John  Alford  Tyng,  have  met,  heard  the 
Parties,  considered  the  Pet°  and  the  Answers  thereto;  and  are  of 
the  Opinion  that  the  Prayer  of  the  Pet"^  be  granted ;  and  that  the 
Land  petitioned  for,  and  the  Inhabitants  thereon  be  set  off  from 
the  Town  of  Chelmsford  &  be  annex'd  to  the  Town  of  Dunstable, 
there  to  do  Duty  &  receive  Priviledge: 

All  which  is  humbly  submitted. 

Per  Order,  Eleazer  Porter. 

Eead  & 

Ordered  that  this  Eeport  be  Accepted,  &  that  the  Lands  therein 
mentioned  be  annexed  to  the  Town  of  Dunstable  accordingly. 
[Passed  April  24. 


CHAPTEE    349. 

ORDER  FOR  THE  TRANSFER  OF  SUNDRY  APPROPRIATIONS. 

Ordered  that  there  be  a  Transfer  made  of  Four  hundred  Pounds  Legislative 
from  the  Appropriation  of  Forts  &  Garrisons  to  the  Appropriation  counc*if,xi!,^^ 
for  Pay  of  the  Court;  and  also  from  the  said  Appropriation  the  437. 
Sum  of  Four  hundred  &  fifty  Pounds  to  that  of  Debts  where  there  House  Jour- 

•^  nal,  p.  278. 


306 


Province  Laws  {Resolves,  etc.).  — 1754-55.  [Chaps.  350,  351.] 


LawsTif  790     ^^  ^^  Establishment ;  and  also  from  the  same  Appropriation  to  that 
chap.  17.''     '    for  Payment  of  the  Soldiers,  the  Sum  of  Two  hundred  &  seventy 
Pounds  nine  shillings  and  nine  pence,  and  that  the  Treasurer  con- 
form himself  accordingly.     \_Passed  Ajyril  24. 


CHAPTEE    350. 

ORDER  ACCEPTING  REPORT   OF   COMMITTEE    APPOINTED    TO    PREVENT 
THE  SPREAD<^  OF  SMALL  POX. 

Legislative  t^  nomicil 

Records  of  the  v^uuiiuii 

Council,  XX.,  There  being  one  Man  sick  of  the  small  Pox  on  board  A  Yessell 
Archives,  ^^^'  arrived  from  Jamacia  now  lying  in  Nantasket  Ehode ;  And  it  being 
325^^^"''  ^^^'  of  great  Importance  (more  especially  at  this  Juncture)  that  the  said 
House  Jour —  Distemper  should  be  prevented  from  Spreading  and  whereas  it  may 
iiai,pp.278,28i.  be  necessary  for  this  Court  to  give  some  special  Orders  on  this 
Occasion 

Ordered  that  Benjamin  Lynde  and  John  Chandler  Esq"  with  such 
as  the  Hon'''''  House  shall  Join  be  a  Committee  to  consider  what  may 
be  proper  for  this  Court  to  do  thereon 
In  the  House  of  Rep 
Read  &  Concurred  &  M'  Speaker  M''  Tyng  &  Col  Hale  ^  are  Joined 
in  the  Affair 

The  Committee  on  the  annexed  Order  having  made  Inquiry  of 
the  Select  men  of  Boston,  &  others.  Whether  some  convenient 
Place  could  not  be  obtained  for  the  Reception  of  the  Person  sick 
of  the  Small  Pox ;  and  no  such  Place  being  to  be  had,  nor  can  the 
sick  Man,  without  great  Damage  to  the  Vessel  be  kept  on  board; 
and  being  also  informed  that  other  Vessels  are  Daily  expected  from 
Jamaica,  by  whom  there  may  be  the  like  Distemper;  It  is  therefore 
proposed  that  the  Commanding  Officer  of  the  Forces  lodged  at  the 
publick  Hospital,  be  desired  forthwith  to  remove  the  Men  placed 
there,  that  so  the  infected  Person,  and  such  other  Persons  or  Goods 
as  are  likely  to  spread  the  Infection,  may  be  there  received,  and 
taken  Care  of.  Per  Order  of  the  Com'""        Benj^  Lynde. 

Read  & 
Ordered  that  this  Report  be  Accepted.     \^Passed  April  24. 


CHAPTEE    351. 

ORDER    IMPOWERING    JOSIAH    BARKER,   GUARDIAN,   TO    SELL    REAL 
ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

R^^*rdfof%he  ^  PETITION  of  Josiah  Barker,  Guardian  of  John  Dwelle  of  Scit- 
Councif.xx.,  uate  a  Minor,  shewing  that  his  personal  Estate,  and  the  Income  of 
Archives?kix.,  the  Real,  is  insufficient  for  his  Maintenance,  therefore  Praying  for 
277.  Liberty  to  sell  the  Real  Estate  consisting  of  fourteen  Acres  &  an 

Mass.        .      half  of  Pasture  Land,  lying  in  Scituate, 

Archives,  xix.,        -n.       i    c>  7    ./      o 

276.  House  Read  & 

1  Legislative  Records  of  the  Council  gives  "Col"  Choat"  as  a  member  of  this  com- 
mittee in  place  of  Col.  Hale,  who,  according  to  Mass.  Archives  and  the  House  Journal, 
was  appointed. 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1754-55.  307 

Ordered  that  the  prayer  of  the  petition  be  granted  and  that  the  Journal,  _ 
Said  Josiah  Barker  be  and  hereby  is  (In  his  Capacity)  Impowered  provmce  ^' 
to  make  Sale  of  the  whole  of  Said  Fourteen  Acrees  and  a  half  of  ^,fa"'^'jjj-'  ^^^' 
Pastor  Land  in  this  Petition  Mentioned  for  the  most  the  Same  will 
Fetch,  and  to  Execute  a  Good  Deed  or  Deeds  thereof  Provided  the 
Petitioner  observe  the  Directions  of  the  Law  for  the  Sale  of  Eeal 
Estates  and  giveing  Sufficient  Caution  to  the  Judge  of  Probate  for 
the  County  of  Plymouth,  that  the  Proceeds  ariseing  by  Said  Sale 
be  applied  to  the  payment  of  the  Debts  of  the  Said  Minor  and  that 
the  Remainder  be  put  out  on  Interest  for  the  Benefit  of  the  Said 
Minor.     \_Passed  April  24. 


CHAPTER    352. 

VOTE   IMPOWERING    JEREM"    FINNEY    JR.,   AND    DEBORAH    HIS    WIFE, 
TO  SELL  REAL  ESTATE. 

A  Petition  of  Jeremiah  Finney  &  Deborah  his  Wife,  shewing  Legislative 
that  they  have  now  an  Opportunity  of  selling  to  Advantage  Thir-  councff, xl!,*^^ 
teen  Acres  of  Upland  &  Meadow  belonging  to  the  said  l3eborah,  43s.  Mass. 
and  lying  in  the  Town  of  Duxbury;  but  the  said  Deborah  being  xivi.,  399'. 
under  Age  cannot  give  a  Title  to  said  Land,  Praying  this  Court  House  Jour, 
would  enable  the  Pet"  to  sell  the  said  Land,  notwithstanding  the  »ai.  pp- 275,276. 
said  Disability. 

[Eead  and] 

Voted  that  the  prayer  of  the  petition  be  granted  &  that  the  s*^ 
Jeremeah  Fenny  junr  &  Deborah  his  wife  be  &  hereby  are  fully 
authorised  &  impowered  to  make  sale  of  the  s*^  thirteen  acres  of  land 
&  execute  a  deed  of  the  same  &  that  s'^  deed  executed  as  afores'^  shall 
to  all  intents  &  puposes  whatsoever  be  as  valid  in  Law  as  if  the  s*^ 
Deborah  had  been  of  the  full  age  of  one  &  twenty.    \Passed  April  24. 


CHAPTER    353. 

VOTE    IMPOWERING    EBENEZER    FULLER,  GUARDIAN,  TO    SELL    REAL 
ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

A   Petition  of  Ebenezer  Fuller  Guardian  of  John  Eaton  of  ^^^^^^'i^*^^? 
Halifax  a  Person  Non  Compos,  shewing  the  Necessity  of  selling  council,  xx., 
some  of  his  Eeal  Estate  for  paying  Debts  contracted  before  the  Pef  ArcMv&s^^iix. 
had  Charge  of  him,  and  for  as  much  as  the  dividing  the  Estate  will  270. 
be  a  great  Iniury,  therefore  praying  for  Liberty  to  sell  the  whole.     House  Jour- 

T?Qorl    <^  nal,  pp.  275,280. 

x\,t!ciu  Ot-  Province 

Voted  that  the  prayer  of  the  petition  be  granted  &  that  the  Peti-  JjfaT'io*'^^^' 
tioner  be  &  hereby  is  Impowered  to  Sell  the  whole  of  S*^  Eatons  Real 
Estate  Mentioned  in  the  petition  for  the  most  it  will  fetch  And  to 
make  &  Execute  a  good  and  Sufficient  Deed  or  Deeds  in  the  Law 
Provided  the  s**  Guardian  Duly  observe  the  rules  of  the  Province 
Law  Respecting  the  Sale  of  Intestate  Estates  And  give  sufficient 
Caution  to  the  Judge  of  Probate  for  the  County  of  Plymouth  that 
the  proceeds  coming  by  S"^  Sale  be  Apply'd  for  the  payment  of  the 


308 


Province  Laws  {Resolves,  etc.) .  — 1754-55.  [Chaps.  354,  355.] 


Just  debts  of  S*^  Eaton  &  the  remainder  thereof  improved  to  the 
best  Advantage  for  the  Use  &  benefit  of  the  s*^  lEaton  »&  his  heirs. 
\_Passed  April  24. 

CHAPTEE    354. 


Legislative 
Records  of  the 
Council,  XX., 
439.    Maes. 
Archives, 
xxxii.,  608. 

Mass. 
Archives, 
xxxii.,  607. 
House  Jour- 
nal, p.  197 
(January, 
1746) ;  pp.  276, 
280.    Ante, 
p.  110,  chap. 
256. 


VOTE  IMPOWERING  SAM^-  &  ELIZABETH  LAWRENCE,  INDIANS,  TO  SELL 
REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 

A  Petition  of  Samuel  Lawrence  and  Elizabeth  his  "Wife,  setting 
forth  the  great  Charges  they  have  been  put  to  by  Keason  of  Sick- 
ness in  their  Family ;  which  they  are  not  able  to  pay  without  selling 
some  of  their  Land;  and  Paying  for  Liberty  to  sell  Thirty  Acres  of 
Land  mentioned  in  the  Petition,  for  that  End  &  for  other  Uses. 

[Read  and] 

Voted  that  the  prayer  of  the  Petition  be  Granted,  So  far  as  that 
the  Petitioners:  have  Liberty  to  make  Sale  of  the  (33  acres  of)  Land 
mentioned  in  the  Petition  with  the  assistance  and  under  the  Special 
Direction  of  their  Guardians :  and  that  the  Proceeds,  Comeing  thereby 
be  also  under  the  Care  of  the  Said  Guardians  apply*^  to  Defrey  the 
Charge  of  their  Late  Sickness  and  purchase  of  Lands,  mentioned 
in  Said  Petition  with  other  Just  Debts:  and  the  residue  if  any  there 
be  to  be  Improued  by  the  Said  Indians  Guardians  for  the  Bennefit 
of  the  Petitioners  They  the  Said  Guardians  to  be  accountable. 

[^Passed  April  24. 


CHAPTER    355. 


Legislative 
Records  of  the 
Council,  XX., 

439.    Mass. 
Archives, 
Ixxiv.,  400. 

Mass. 
Archives, 
Ixxiv.,  400. 
Legislative 
Records  of  the 
Council,  XX., 
430,434.    House 
Journal , 
pp.  269,  270,  271, 
273, 274, 283, 284. 


VOTE   FOR   ENCOURAGING   VOLUNTIERS   AGAINST    THE    S^    FRANCOIS 

INDIANS. 

The  Committee  appointed  to  consider  &  report  what  may  be 
proper  to  be  done  by  this  Government  to  encourage  Persons  to  go 
forth  against  the  Indians  of  the  &*■  Francois  Tribe,  as  also  to  con- 
sider the  Petition  of  Isaac  Waldron:  are  humbly  of  opinion  that 
for  the  Encouragement  of  such  an  Enterprize,  an  allowance  be 
made  to  a  competent  Number  of  Men,  not  exceeding  two  Hundred, 
(including  Officers,  to  be  Commissioned  by  the  Captain  General,) 
as  follows  —  namely,  to  Each,  one  Blanket,  needfull  ammunition,  & 
Bfead  sufficient  for  fifty  Days,  — from  the  beginning  of  their  March- 
ing forth;  and  that  the  allowance  for  every  Captive  (that  shall  be 
taken  &  brought  to  Boston)  belonging  to  that  Tribe  or  y^  Becken- 
coves,  be  Seventy  five  Pounds;  and  for  every  Indian  Seal])  of  those 
Tribes  (or  any  Other,  that  in  a  hostile  manner  shall  oppose  them 
in  such  their  Undertaking)  Seventy  Pounds;  to  be  paid  out  of  the 
Publick  Treasury,  by  order  from  the  Governour  &  Council:  That 
when  the  said  Company  shall  have  been  compleated,  &  the  officers 
duly  appointed;  the  CoiTiisary  General  shall  Deliver  the  Blankets, 
ammunition  &  Bread  aforesaid,  to  the  Captain  (or  his  order) ;  such 
Captain  first  given '  Bond  to  the  Province  Treasurer  (for  the  Use 
of  the  Province),  in  a  Sum  (double  in  value,  to  the  articles  so 
deliver'd)  that  in  case  He  &  his  Company  shall  not  forthwith,  (or 
as  soon  as  conveniently  may  be)  bond  Fide  proceed  to  S*  Francois, 
&  use  their  best  Endeavours  that  the  proposed  Enterprize  be  carried 

1  Sic. 


[3d  Sess.]     PRO\^NCE  Laws  (Hesolves,  etc.).  — 1754-55.  309 

into  Execution  against  the  Indian  Enemy  of  that  Tribe ;  and  his 
Endeavours  for  preventing  his  ComjDany  from  diverting  from  that 
undertaking  whereby  the  Designs  &  Expectation  of  this  Govern- 
ment should  be  frustrated  That  then  &  in  such  case  he  shall  forfeit 
&  pay  to  the  Province  Treasurer  for  the  Use  of  the  Province  the 
full  value  of  the  several  articles  mentioned  that  shall  be  delivered 
him  (or  Order)  as  aforesaid. 

Which  is  submitted 

p  Order  Samuel  Danforth 

Read  &  thereupon 

Voted  that  an  Allowance  be  made  to  a  Competent  Number  of 
Men,  including  Officers  to  be  commissioned  by  the  Captain  Gen- 
eral that  shall  go  forth  against  the  Indians  of  the  S'  Francois 
Tribe,  as  follows,  viz'^  to  each.  One  Blanket,  needful  Ammunition, 
thirty  Weight  of  Bread  &  one  Dollar:  And  that  the  Allow- 

ance for  every  Captive  that  shall  be  taken  &  brought  to  Boston, 
belonging  to  that  Tribe,  or  the  Becancours  be  Seventy  five  Pounds ; 
And  for  every  Indian  Scalp  of  those  Tribes,  or  any  other  that  in 
an  hostile  Manner  shall  resist  them  at  or  nigh  the  S*'  Francois  or 
Becancour  Settlement,  in  such  their  Undertaking ;  the  Sum  of  Sev- 
enty Pounds  to  be  paid  out  of  the  publick  Treasury  by  Order  from 
the  Gov"^  &  Council;  That  when  the  said  Company  shall  be 

compleated,  and  the  Officers  duly  appointed,  the  Commissary  Gen- 
eral shall  deliver  the  Blankets,  Ammunition,  Bread  &  Dollars  afore- 
said, to  the  Captain  or  his  Order,  the  said  Captain  first  giving  Bond 
to  the  Province  Treasurer  for  the  Use  of  the  Province,  in  a  Sum 
double  in  Value  to  the  Articles  so  delivered.  That  in  Case  he  and 
his  Company  shall  not  forthwith  or  as  soon  as  conveniently  may  be, 
bona  Fide,  proceed  to  S*  Francois,  unless  inevitably  prevented,  & 
use  their  best  Endeavours  that  the  proposed  Enterprize  be  carried 
into  Execution  ag^'  the  Indian  Enemy  of  those  Tribes;  and  his 
Endeavours  for  preventing  his  Company  from  diverting  from  that 
Undertaking,  whereby  the  Desires  &  Expectations  of  this  Govern- 
ment should  be  frustrated,  that  then  and  in  such  Case  he  shall 
forfiet  &  pay  to  the  Province  Treasurer  for  the  Use  of  the  Prov- 
ince the  Value  of  the  several  Articles  mentioned  that  shall  be  deliv- 
ered him  or  Order  as  aforesaid.     [Passed  April  25. 


CHAPTEK    356. 

ORDER    IMPOWERING    ABIAH     WHITMAN,   GUARDIAN,   TO    SELL    LANDS 
AND  MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Abiah  Whitman,  Guardian  to  Sarah  Eichards  of  i^^'^lf"^?.^ 
Weymouth  a  Minor,  shewing  that  the  Circumstances  of  the  Real  council,  xx., 
Estate  left  her  by  her  Father  Ephraim  Richards  are  such  as  render  Archi^es^xix., 

it  necessary  that  it  should  be  sold ;  therefore  Praying  for  Liberty  to  -J± 

sell  the  same  accordingly.  Mass. 

-D„    -1    o  °  "^  Archives,  xix., 

Keaa  &  274.    House 

Ordered  that  the  prayer  of  the  petition  be  so  far  granted  as  that  pp'^^f^j^gj^ 
the  Pef  in  his  Capacity  as  Guardian  to  Sarah  Richards  be  &  hereby  Province 
is  Impowered  to  make  Sale  of  the  Lands  Mentioned  in  the  Pet"  he  chapf'io.''     ' 
to  Observe  the  directions  of  the  Law  for  the  Sale  of  real  Estates 
&  give  sufficient  Caution  to  the  Judge  of  Probates  for  the  County 
of  Suffolk  that  the  proceeds  of  S*^  Sale  be  let  out  on  Interest  &  that 


310 


Province  Laws  {Resolves, etc.).  — 1754-55.  [Chaps.  357,  358.] 


both  principal  &  Interest  be  paid  to  her  or  her  Legal  representative 
when  she  shall  Arrive  to  the  Age  of  twenty  one  Years  Excepting  so 
much  as  shall  be  Necessarily  Expended  on  the  s*^  Sarah  in  her  Minor- 
ity &  Allowed  by  the  Judge  of  Probate  for  s*^  County.  \^Passed 
April  25. 


Legislative 
Records  of  the 
Council,  XX., 
442.    Mass. 
Archives,  cxx., 
35^ 

House  Jour- 
nal, p.  282. 
Ante,  p.  243, 
Chap.  189. 


CHAPTER    357. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  FOR 
THE  COUNTY  OF  BRISTOL  AND  ALLOWING  £1.  4.  8  FOR  THE  EXPENSE 
THEREOF. 

The  Committee  for  letting  out  to  farm  the  Excise  upon  strong 
Liquors  &c'*  in  the  County  of  Bristol,  reported  that  they  had  let 
out  the  same  to  Capt  Joseph  Josslyn  of  Hanover  for  the  Sum  of 
£168  and  taken  his  Bond  with  Sureties,  and  lodged  it  with  the 
Province  Treasurer,  their  Acco*  of  Charge  being  £1.4.8. 

Eead  & 

Ordered  that  the  Above  Eeport  be  Accepted  and  that  there  be 
Allowed  &  paid  out  of  the  Publick  Treasury  to  the  S*^  Committee 
the  Sum  of  One  pound  4/8  in  full  of  their  Ace'.     \Passed  April  25.^ 


Legislattve 
Records  of  the 
Council,  XX., 

440.    Mass. 
Archives, 
xliv.,  163. 

House  Jour- 
nal, pp.  284, 286. 


CHAPTER    358. 

ORDER  ADJOURNING  THE   INFERIOR    COURT    OF    COMMON   PLEAS   TO 
PLYMOUTH  COUNTY. 

Whereas  at  the  time  when  The  Inf  Court  of  Comon  pleas  was 
to  have  been  holden  at  Plymouth  within  &  for  the  County  of  Plym- 
outh on  the  First  Tuesday  of  March  Last  there  was  a  Severe  Storm 
&  Deep  Snow  so  that  The  Justices  of  s*^  Court  &  Parties  Concern'd 
Could  not  Travil  &  attend  at  S*^  Court  whereby  s**  Court  &  all  Actions 
&  processes  were  Discontinued  Therefore 

Ordered  That  all  actions  Pleas  &  Processes  which  were  to  have 
been  heard  &  Tryed  at  s**  Court,  Be  heard  &  Tryed  at  the  next 
Inf  Court  of  Comon  pleas  to  be  held  at  Plymouth  within  &  for 
the  County  of  Plym°  on  the  Third  Tuesday  of  May  next  And 

The  Justices  of  s^'Xourt  be,  &  hereby  are  Impowered  to  hear  & 
Determine  all  s*^  aeons  and  Causes  and  award  Execution  as  Fully 
to  all  Intents  &  purposes  as  they  might  have  done  If  S''  Actions 
pleas  &  processes  had  Come  before  them  at  s*^  Court  on  s*^  1^*  Tues- 
day of  March  last  &  y®  S*^  Court  had  been  Opened  to  have  heard  & 
Tryed  y*'  Same  And  And*  the  Sheriff  of  y"  County  of  Plym°  is 
hereby  Directed  to  Cause  this  order  Forthwith  to  be  made  publick 
by  posting  up  the  Same  in  Some  publick  place  in  the  Same  County 
&  to  be  Inserted  in  Some  one  of  y^  Publick  news  papers  Saving 
That  If  any  Def*^  in  any  of  y^  afores**  Actions  is  now  out  of  y* 
Province,  or  Shall  not  in  the  apprehension  of  s*^  Court  have  had 
timely  notice  of  this  Order  s**  Court  shall  Continue  the  Action  to 
their  next  Term.     \^Passed  Ajjril  26.^ 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  April  26. 

-  Sic. 

3  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  April  25. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  311 


CHAPTEE    359. 

VOTE  DIRECTING  THE   COMMISSARY  GENERAL  TO  DEMAND   ACCOUNTS 
OF  Y^  STORES  &  ARMS  OF  THE  LATE  INTENDED   CANADA  EXFED^, 

Voted  that  the  Commissary  General  be  directed  to  Send  to  the  Legislative 
respective  Officers  forthwith  to  return  their  several  Accounts  of  councif,  xi!^^ 
Such  Arms  &  other  Warlike  Stores  prepared  for  the  late  Intended  ^i-  Mass. 
Canada  Expedition,  who  have  received  the  Same  that  so  they  may  ixxiv.,  406. 
be  improved  in  his  Majesties  Service  in  the  present  Expedition  Legislative 
forming  Against  his  Enemies  on  this  Continent;  And  in  Case  Any  councif  xx^^^ 
of  &'^  Arms  or  Stores  Shall  Appear  to  have  been  Embezzled  &  Lost  4oi.  Ho'uVeJ 
by  any  of  the  Officers  to  whom  Delivered  that  then  Such  officer  or  Anu^p.'iil^^' 
officers  be  respectively  held  &  obliged  to  pay  the  Value  thereof  to  ^''^^p-  ^''• 
the  Commissary  General.     \_Passed  April  26. 


CHAPTER    360. 

VOTE  IMPOWERING    W^  WELCH,  ADM«    TO    SELL    REAL    ESTATE    AND 
MAKING  PROVISION  IN  REGARD   TO  THE  PROCEEDS. 

A  Petition  of  William  Welch  Administrator  of  his  Mother  Eliza-  Legislative 
beth  Welch  of  Boston  her  Estate,  shewing  that  he  has  paid  all  the  counc'if.xx'.*'® 
Debts,  but  for  Avant  of  Personal  Estate  was  obliged  to  advance  of  442.  Mass'. '' 
his  own  the  Sum  of  £75.2,5.  And  for  as  much  as  he  was  necessarily  286?  ^^^^'^'^•' 
hindred  from  attending  on  the  Superiour  Court  at  their  last  Term  ^s^_ 
for  the  County  of  Suffolk,  therefore  praying  this  Court  would  im-  ^r^s'^^House 
power  him  to  sell  his  Mothers  Real  Estate,  which  in  Value  does  not  Journal, 
exceed  that  Sum.  p?ovincf  ^' 

Read  *&  Laws,  ii.,  151, 

Voted  that  the  prayer  of  the  petition  be  so  far  granted  as  that 
the  petitioner  be  &  hereby  is  Impowered  In  his  Said  Capacity  to 
make  Sale  of  the  real  Estate  within  mentioned  to  Such  person  or 
persons  as  wall  give  most  for  the  same  &  to  Execute  a  Good  «&  suffi- 
cient Deed  or  Deeds  in  the  Law  he  Observing  the  rules  in  the  Law 
for  the  Sale  of  Intestate  Estates  and  giving  proper  Caution  to  the 
Judge  of  Probate  for  the  County  of  Suffolk  to  render  an  Account 
of  the  proceeds  of  Such  Sale  that  the  Same  may  be  distributed 
According  to  Law,     \^Passed  April  26. 


chap.  10. 


CHAPTER    361. 

VOTE   ESTABLISHING  THE   PAY  OF  THE   OFFICERS  OF    THE    INTENDED 
EXPEDITION  AGAINST   CROWN  POINT. 

Voted  that  the  Wages  of  the  Several  Officers  that  shall  go  in  the  Legislative 
Intended  Expedition  to  Crown  point  Shall  be  as  follows     Viz,  councn",  xx*f ® 

443.    Mass. 
For  a  Colonal  to  each  Regiment  Consisting  of  five  hundred  men      .     12.  16  P  month  ^^^^^404 

For  one  Lieutenant  Colonal  to  such  Regiment 10.  13.     4      Ditto  "     '' 


For  one  Major  to  Ditto 9.     1.     4      Ditto       House  Jour- 

For  One  Commissary  to  Ditto 3.     4.     0      Ditto       ^al.  P-  2^5. 

For  a  Captain  of  fifty  men  Including  Officers 4.  16.     0      D^  ^"'*'  ^if^^' 


312 


Province  Laws  {Resolves,  e^c.).  — 1754-55.  [Chaps.  362,  363.] 


For  one  Lieutenant  to  such  Company 3.     4.  0  D" 

For  one  Ensign  to  D" 2.     2.  8  B" 

For  one  Chaplain  to  Each  regiment 6.     8.  0  D° 

For  one  Adjutant  to  Each  Regiment 2.     2.  8  D" 

For  one  Surgeon  to  Each  Regiment 10.     0.  0  D^ 

For  one  Surgeon  Mate  to  0° 5.     6.  8  D" 

For  three  Sergeants  to  each  Company  to  each 1.  14.  1  D" 

For  four  Corporels  to  Each  Company  to  Each 1.     9.  10  D» 

For  one  Clerk  to  Each  Company 1.  14.  1.  D" 

For  one  Drum  Major 1.  14.  1  D° 

For  one  Common  Drummer  to  each  Company    .         .  ■      .         .        .  1.     9.  10  D" 

For  one  Armorer  to  Each  Regiment 2.    0.  0.  Do 

\^Passe(l  April  26. 


Legislative 
Records  of  the 
Council,  XX., 
442. 

House  Jour- 
nal, p.  286. 
Ante,  p.  243, 
chap.  187. 


CHAPTER    362. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  FOR 
THE  COUNTY  OF  BARNSTABLE  AND  ALLOWING  £2.  15  FOR  THE  EX- 
PENSE THEREOF. 

The  Committee  for  letting  out  to  farm  the  Excise  upon  strong 
Liquors  &c^  in  the  County  of  Barnstable  reported  that  they  had  let 
out  the  same  to  Nath^  Little  for  the  Sum  of  £200,  and  taken  his 
Bond  with  Sureties,  &  lodged  it  with  the  Province  Treas'^  their 
Acco*  of  Charge  being  Two  Pounds  fifteen  Shillings. 

Eead  & 

Ordered  that  the  within  Eeport  be  accepted,  and  that  there  be 
allowed  &  paid  out  of  the  publick  Treasury  unto  said  Comm'*^'  the 
Sum  of  Two  Pounds  fifteen  Shillings  in  full  of  their  Acco'.  [^Passed 
April  26. 


CHAPTER    363. 


Legislative 
Records  of  the 
Council,  XX., 
442.    Mass. 
Archives,  cxx., 
40. 

Mass. 

Archives,  cxx., 
40.    House 
Journal,  p.  288, 
Ante,  p.  186, 
chap.  46;  p.  245, 
chap.  194. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  ON 
LIQUORS  TEA  &c^  FOR  THE  COUNTY  OF  MIDDLESEX  AND  ALLOWING 
£5.  2.  2  FOR  THE  EXPENSE  THEREOF. 

The  Committee  for  Letting  out  to  farm  the  Excise  upon  Strong 
Liquors  &c^  as  also  the  Excise  upon  Tea  &c^ '  for  the  County  of 
Middlesex,  reported  that  they  had  let  out  the  Excise  on  Strong 
Liquors  &c*  to  Elisha  Jones  of  Weston,  for  the  Sum  of  £761.16.8; 
and  the  Excise  on  Tea  &c*  to  William  Story  of  Boston  for  the  Sum 
of  Thirty  Pounds,  &  have  taken  Bonds  for  both  with  Sureties,  & 
lodged  them  with  the  Province  Treasurer,  their  x\cco'  of  Charge 
being  £5.2.2. 

Read  & 

Ordered  that  the  within  Account  be  Accepted  and  that  there 
be  Allowed  &  paid  out  of  the  publick  Treasury  the  Sum  of  five 
pounds  2/2  to  S*^  Committee  in  full  discharge  of  the  within  Ac- 
count.    \^Passed  April  28." 

^  The  House  Journal,  p.  288,  does  not  refer  to  the  tea,  coffee,  &c. 

2  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  the  date  is  April  26. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  313 


CHAPTEE    364. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE   ON  CONDITION  OF  INHABI- 
TANTS ON  PROVINCE  LANDS  WEST  OF  SHEFFIELD  AND  STOCKBRIDGE. 

The  Committee  appointed  to  take  under  Consideration  the  pres-  Legislative 
ent  Circumstances  of  the  People  on  the  Province  Lands  Westward  councif,  xx*.^^ 
of  Sheffield,  Stockbridge  &c^  have  so  far  attended  the  Service  as  ^3.  Ma^ss.  ' 
to  consider  the  Eepresentation  of  John  M'^Arthur,  201.       "'    "' 

And  the  Committee  thereupon  report  that  a  Controversy  has  long  Mass. 
subsisted  between  divers  Settlers  of  Lands  in  the  County  of  Hanip-  ^I'^'^Hous^e"' 
shire,  within  the  Jurisdiction  of  this  Province,  and  certain  Persons  Journal, p.  293. 
pretending  Title  as  Patroons  or  Lords  of  Mannors,  to  the  same  chap.  254.^^' 
Land;    That  the  said  Settlers  have  frequently  have  frequently'  in 
the  most  violent,  outragious  Manner  been  assaulted  and  set  upon, 
have  had  their  Houses  pull'd  down  and  burnt,  their  Fields  of  Grain 
cut  up  and  destroyed,  and  their  Lives  threatned  by  a  barbarous 
Banditti  pretending  to  be  employed  by  the  said  Patroons  as  they 
are  termed,  and  to  have  Authority  of  the  Government  of  New  York 
to  support  them ;  That  on  the  14"^  of  April  certain  Persons  armed 
with  Swords  &  Guns  broke  into  divers  Houses  in  those  Parts,  and 
carried  away  the  Persons  living  therein,  &  committed  divers  Thefts 
and  other  Villanies,  and  the  next  Morning  broke  into  the  House 
of  one  William  Eace  an  Inhabitant  of  this  Province,  and  the  said 
Eace  attempting  to  escape  their  Fury  &  Eage  was  shot  dead  by  one 
of  the  Villians,  and  he  with  the  rest  thereupon  made  their  Escape 
&  left  the  dead  Body  of  the  said  Eace  to  the  Care  of  his  Friends. 

The  Committee  further  Eeport  that  Proposals  have  been  frequently 
made  by  the  General  Court,  of  this  Province  to  the  Government  of 
New  York,  to  bring  this  Controversy  to  an  Issue ;  but  their  Proposals 
have  always  been  rejected  or  disregarded;  and  these  most  unhappy 
Consequences  must  be  attributed  to  that  Government. 

The  Committee  are  humbly  of  Opinion,  That  His  Honour  the 
Lieu*^  Govern""  be  desired  immediately  to  issue  his  Proclamation, 
promising  a  Eeward  of  One  hundred  Pounds  to  any  Person  or  Per- 
sons who  shall  inform  against  or  discover  any  one  or  more  of  the 
Persons  concerned  in  the  Murther  of  the  said  William  Eace  so  as 
that  the  Offender  or  Offenders  may  be  apprehended  and  brought 
to  Justice;  the  said  Eeward  to  be  paid  upon  the  Conviction;  And 
requiring  all  his  Majesty's  Officers  Civil  &  Military  to  be  aiding  & 
assisting  in  apprehending  and  bringing  to  Justice  the  said  Murtherers 
&  their  Abettors ;  and  that  his  Honour  be  likewise  desired  to  write 
to  the  Lieuten*  Governour  of  New  York,  urging  him  to  use  all  pos- 
sible Means  for  taking  up  and  securing  said  Murtherers,  and  convey- 
ing them  to  the  County  of  Hampshire  in  Order  to  take  their  Trial, 
in  Case  they  or  any  of  them  may  have  fled  to  the  Government  of 
New  York,  and  to  take  effectual  Means,  untill  the  present  Contro- 
versy shall  be  settled,  for  restraining  the  Inhabitants  of  that  Gov- 
ernment from  all  Acts  of  Violence  against  the  Persons  &  Estates 
of  the  Inhabitants  in  those  Parts;  as  this  Government  must  other- 
wise be  subjected  to  the  Charge  of  providing  Means  for  the  Security 
and  Defence  of  his  Majesty's  Subjects  against  such  unwarrantable 
Invasions,  and  for  the  Prevention  of  War  «&  Blood-Shed  between 
the  People  of  the  two  Provinces. 

Eead  & 

Ordered  that  this  Eeport  be  Accepted.    [Passed  April  28. 

1  Sic. 


314  Province  Laws  {Resolves, etc.).  — 1754-55.     [Chap.  365.] 


CHAPTEE    365. 

ORDER  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE  ON  SELLING 
PROV*'^  LAND  WEST  0¥  SHEFFIELD  AND  STOCKBRIDGE  AND  AP- 
POINTING ANOTHER  COMMITTEE  TO  ATTEND  TO  THE  SALE  THEREOF. 

Recordfofthe       REPORT  on  the  Petition  of  William  Joyner  &  others,  viz'  [Mass. 

Council,  XX.,     Archives,  vi.,  186] 

Archives^i.,        The  Committee  appointed  to  take  under  Consideration  the  Pet'' 

^QO- of  William  Joyner  &  others  respecting  the  distress'd  Circumstances 

Mass.  .  of  the  People  on  the  Province  Land  &c''  have  further  attended  this 
186-190, 199. ''     Service,  and  make  this  further  Report. 

nai^ppjml'm,  That  it  appears  to  the  Committee  that  the  present  unhappy  State 
293/ ^7i<e,'  '  of  the  People  situate  Westward  of  Sheffield  &  Stockbridge  is  very 
I54"  '^upra,  much  owing  to  the  Caution  used  by  this  Government,  and  its  for- 
/H/ra,^^ap.  bcarauce  to  make  Grants  of  Land  &  bringing  forward  the  Settle- 
367.   '  ment  of  that  part  of  the  Province,  while  at  the  same  time  Persons 

have  been  encouraged  under  an  imaginary  Title  from  some  of  the 
Inhabitants  of  New  York  to  possess  &  improve  the  Country;  That 
great  Part  of  the  Persons  so  possessing  &  improving  are  now  dissat- 
isfied with  the  Title,  and  are  desirous  of  submitting  to  the  Jurisdic- 
tion of  this  Province ;  and  of  being  quieted  in  their  Possessions :  That 
divers  other  Persons  have  likewise  taken  Possession  of  and  improved 
the  Province  Lands  in  those  Parts,  without  any  Grant  or  Licence 
from  the  Government. 

The  Committee  are  humbly  of  Opinion  that  in  Order  to  prevent 
any  further  Encroachments,  the  Right,  Title  &  Estate  of  this  Prov- 
ince for  all  the  Lands  Westward  of  the  Towns  of  Sheffield  and  Stock- 
bridge,  as  far  as  the  Province  of  New  York,  &  as  far  Northward  as 
the  North  Bounds  of  Stockbridge,  be  sold  by  a  Committee  to  be 
appointed  by  this  Court;  which  Committee  shall  be  under  Oath 
faithfully  to  discharge  their  Trust,  and  neither  directly  nor  in- 
directly to  be  interested  in  the  Purchase,  that  previous  to  the  said 
Sale  the  said  Committee  quit  claim  to  any  or  all  of  the  Persons  who 
have  made  Improvement  on  said  Lands,  the  Right,  Title  &  Estate 
of  this  Province  in  all  such  Lands  so  improved  and  possessed  upon 
such  reasonable  Terms  as  said  Comm"'''  shall  think  proper:  That 
said  Committee  proceed  on  the  Business  as  soon  as  may  be,  and 
make  Report  of  their  Doings  to  this  Court  some  time  at  the  Ses- 
sions in  May  next:  All  which  is  humbly  submitted. 

Tho.  Hutchinson  per  Order. 
In  the  House  of  Rep 
Read  &u 

Ordered  that  the  foregoing  Report  be  Accepted 
In  Council  Read  and  Concur'd  and 

Ordered  that  Joseph  D wight  Esq''  with  such  as  the  Hon*^'*  House 
shall  join  be  a  Committee  for  the  Purposes  above  Mentioned 
In  the  House  of  Rep 
Read  &  Concurred  &  Joseph  Hawley  &  John  Choate  Esq"  are 
Joined  in  the  Affair.     \^Passed  April  28. 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1754-55.  315 


CHAPTER    366. 

ORDER  OF  NOTICE  WITH  STAY  OF  EXECUTION  ON  THE  PET^  OF  THO^ 
STEEL,  ESQB,  FOR  A  NEW  TRIAL. 

A  Petition  of  Thomas  Steel  Esq'  of  Leicester  shewing  that  in  Legislative 
a  Cause  between  him  and  one  John  Burnet  at  the  Superiour  Court  councffxi.**^^ 

for  the  County  of  Worcester  they  left  their  Matters  in  Difference  ^13.  ^s. 

to  Eeferrees,  that  the  Petitioners  Witnesses  mistook  the  Time  for  Mass. 
hearing  thereof;  and  the  Petitioner  could  not  prevail  upon  the  xuv./i3i,'i33. 
Eeferrees  to  continue  it  for  another  Hearing;  Therefore  Praying  nai"pp.im^288 
he  may  have  a  new  Trial  by  the  s*^  Court,  and  Execution  staid  in  293.' 
the  mean  time. 

[Kead  and] 

Ordered  that  the  Consideration  of  this  Pet°  &  Answer  be  referr'd 
to  the  second  Wednesday  of  the  next  May  Session,  and  that  Execu- 
tion be  staid  in  the  mean  time.     \^Passed  Ajwil  28. 


CHAPTER    367. 


ORDER  ALLOWING  30/  TO  JOHN  McARTHUR.  Legislative 

Records  of  the 
Council,  XX., 

Ordered  that  there  be  allowed  &  paid  out  of  the  publick  Treasury  445^ 


to  John  M*^ Arthur  now  attending  this  Court  on  publick  Business,  House  Jour- 
to  enable  him  to  defray  his  Expences  the  Sum  of  Twenty  Shillings. '  ^t^m 'chap.^*' 
[Passed  April  28.  365. 


CHAPTER    368. 

ORDER  ALLOWING  £40.  15.  4  TO  MR.   JAMES  RUSSELL. 

An  Accompt  presented  by  M''  James  Eussell  of  the  Charge  of  ^^^'^{f""^! .jj 
several  Instruments  by  him  provided  for  the  Stamp  Office,  amount-  council,  xx., 
ing  to  the  Sum  of  £40.15.4.  ^ 

Eead  &  Archives, 

Ordered  that  the  Sum  of  Forty  Pounds  fifteen  Shillings  &  four  ^^^^^^^ui^^l- 
pence  '^  be  allowed  &  paid  out  of  the  publick  Treasury  to  M''  James  Kecords  of  the 
Eussell  in  full  Discharge  of  his  Acco*  within  mentioned.    [Passed  *  iJJe^^Hoifse'' 
^Pril28.  Jou^ai.^^^ 

CHAPTER    369. 

VOTE  ESTABLISHING  THE  WAGES  OF  OFFICERS  FOR  THE  TRAIN  OF 
ARTILLERY,  OF  WHICH  THIS  GOVERNMENT  IS  TO  PAY  ITS  PROPOR- 
TION. 

Voted  Thet  this  Government  will  pay  their  Proportion  with  the  Legislative 
other  Governments  Engaged  In  the  Intended  Expedition  to  Crown  councif.xx!!^^ 

*  The  House  Journal,  p.  294,  reads,  "  thirty  Shillings." 

^  The  Executive  Records  of  the  Council,  xii.,  406,  and  the  Mass.  Archives,  cxxiv.,  436, 
give  the  amount  paid  £40. 15. 


316 


Province  Laws  {Resolves,  etc.).  — 1754-55.  [Chaps.  370,  371.] 


445.    Mass. 
Archives, 
Ixxiv.,  409. 

House  Jour- 
nal, p.  294. 
Ante,  p.  311, 
Chap.  361. 


point  of  the  Several  officers  hereafter  Named  the  respective  sums 
Annexed  to  their  Names  Viz 

1.  Engineer  who  shall  be  Cap'  of  y«  Artilery   .         .         .12.  16.  0  "j 

1.  Lieu*  of  the  artillery 5.     6.  8  | 

a  Second  Engineer 4.     5.  4}- Per  month. 

3.  Sub  Engineer  each 2.  13.  4  I 

16.  Gunners  each 2.    0.  Oj 

]_Passed  April  28. 


CHAPTEE    370. 


ORDER  SETTING  OFF    STEPHEN    PAYNE    AND    HIS    ESTATE    FROM    THE 
SOUTH  PARISH  TO  THE  NORTH  IN  MALDEN. 


Legislative 
Records  of  the 
Council,  XX., 
354, 445.    Mass. 
Archives,  xiii., 
691. 

House  Jour- 
nal, pp.  174, 228, 
278,291,292. 
Province 
Laws,  xii.,  439, 
chap.  189. 


A  Petition  of  Stephen  Payn  of  Maiden,  shewing  that  in  the 
Year  1737.  he  was  contrary  to  his  Inclination  sett  ofi  to  the  new 
Parish  there,  &  has  been  obliged  to  pay  to  the  Support  of  the  Min- 
istry there,  thd  he  never  associated  with  them.  Praying  that  he  may 
be  set  off  to  the  first  Precinct  in  Maiden. 

The  Committee  appointed  to  take  under  Consideration  the  Pet° 
of  Stephen  Payne,  together  with  the  Answer  of  the  South  Parish 
in  Maiden,  having  attended  that  Service,  and  heard  the  Parties, 
are  of  Opinion  That  the  Prayer  of  the  Petition  be  granted,  and 
that  the  Petitioner  with  his  Estate  be  set  off  from  the  South  Parish 
and  annexed  to  the  North  Parish  in  Maiden,  there  to  enjoy  Privi- 
ledge  &  to  do  Duty  for  the  future;  he  paying  all  such  Sums  as  may 
be  due  from  him  by  Virtue  of  any  Eates  or  Taxes  which  may  have 
heretofore  been  assessed  on  the  Inhabitants  of  the  said  South  Parish 
for  defraying  the  Ministerial  &  other  Parish  Charges, 

All  which  is  humbly  submitted,  John  Greenleaf 

Eead  and  accepted  and  their  upon 

Ordered  the  Petitioner  Stephen  Pain  be  set  off  from  the  South 
to  the  North  Parish  in  maiden  accordingly.     \^Passed  April  28. 


CHAPTEE    371. 

ORDER   DIRECTING    THE    COMMISSARY    GENERAL   TO    DELIVER    GUN 
POWDER  TO  EAST"^  INHABITANTS. 


Legislative 
Records  of  the 
Council,  XX., 
446.    Mass. 
Archives, 
Ixxiv.,  402. 

House  Jour- 
nal, p.  289. 


Ordered  that  the  Commissary  General  be  directed  to  deliver  to 
Col  John  Storer  Two  Barrels  of  Gun  Powder  &  the  Like  Quantity 
to  Edward  Milliken  Esq""  to  be  by  them  Dispossed  of  to  the  Inhabi- 
tants in  the  Expossed  parts  of  the  Eastern  Frontiers  provided  the 
Said  Storer  &  Milliken  give  security  to  the  province  Treasurer  to 
pay  the  Value  thereof  in  twelve  months  from  this  time.  [Passed 
A2Jril  28. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1754-55.  317 


CHAPTEE    372. 

ORDER  ESTABLISHING  A  QUORUM  OF  THE   COM^ee  fqR  SELLING  PROV-  Legislative 

INCE  LANDS  WEST  OF  SHEFFIELD  AND  STOCKBRIDGE.  Councif  jfx^^ 

446.         '        '* 

Ordered  that  any  two  of  the  Committee  chosen  this  Day  to  dis-  House  Jour- 
pose  of  the  Province  Land  West  of  Sheffield  &  Stockbridge  be  a  ^nte,'-^'^ki: 
Quorum.     [Passed  Aj^ril  28.  chap!  365. 


CHAPTER    373. 

ORDER  AUTHORIZING  SA3II-  HEWS  &   SON  TO    EXPORT    PROVISIONS    TO 

SURINAJNI. 

A  Petition  of  Samuel  Hews  &  Son  of  Boston  Merchants,  shew-  Legislative 
ing  that  they  have  on  board  their  Vessel  bound  to  Surinam,  a  Quan-  councif  xx!*^^ 
tity  of  Provisions,  and  for  as  much  as  the  transporting  of  Provisions  ^6.  Mass 
thither,  does  not  cross  the  true  Design  of  the  Government  in  restrain-  ss.         '      "' 
ing  the  Exportation  of  Provisions;  Therefore  Praying  for  Liberty  Mass. 
from  this  Court  that  their  Vessel  may  sail  to  Suranam  with  the  said  ^^"^House^^^"' 

Provisions.  Journal,  p.  292. 

Eead  and  Liwsrm.,83s, 

Ordered  That  the  Prayer  of  the  within  Pet°  be  granted  and  that  ^f^.-^  -^^^^'^ 
the  Petitioners  have  leave  to  Export  the  Provisions  within  Mentioned  273. 
to  Surrinam  they  giving  bond  to  the  Impost  officer  to  Land  them 
there  and  to  return  a  Certificate  thereof  under  the  hand  of  the  prin- 
cipal Officer  of  the  Customs  at  said  Surrinam.     \_Passed  April  28. 


CHAPTER    374. 

ORDER  ALLOWING   £1.  12   TO  DAVID   SMITH   &  OTHERS.  Legislative 

Records  of  the 
Council,  XX., 

Ordered  that  there  be  allowed  &  paid  out  of  the  publick  Treas-  446.  Mass. 
ur'y  Unto  James  Otis  Esq''  the  sum  of  one  pound  twelve  shillings  ixxV.IIot. 
('  for  a  Gun  broken  at  Brunswick  Fort  by  the  Fall  of  a  Tree  which  m^^^; 
Gun  was  the  property  of  David  smith  &  others  provided  by  them  j^^/^^^^^'g 
for  one  Elisha  Sachem  who  was  sent  a  Soldier  to  S''  Fort  and  that  House  Jour- 
S*'  Otis  pay  S"^  Sum  to  the  True  owners  of  s"^  Gun.     [Passed  April  28.  ''^^'  »•  ^'^^■ 


CHAPTER    375. 

VOTE  ESTABLISHING  ALLOW<^^  FOR  ENLISTING  SOLDIERS,  ALLOW^^  TO 
OFFICERS  &  SOLDIERS,  SUBSISTENCE  WHILE  TRAVELS  WAGES  OF 
HOSPITAL  COMMISSARY,  ALLOW  ^  OF  PROVIS*,  &c^,  TO  EACH  MAN, 
AND    £150   FOR   SICK   &    WOUNDED   SOLDIERS. 

Voted  that  there  be  alloAved  for  Inlisting  the  several  Soldiers  for  Legislative 
the  Crown  point  Expedition  one  Shillings  &  Six  pence  Each  to  be  coundf.xx!!'^ 
paid  to  the  Captain,  that  Shall  inlist  the  Same  4*6.  Mass.  * 

•  A.rcliivcs 

And  that  the  Officers  &  Soldiers  allowance  after  their  Departure  ixxiv.,4ib. 

^  Sie,  as  to  parenthesis. 


318 


Province  Laws  {Resolves, etc.).  — 1754-55.  [Chaps.  376,  377.] 


House  Jour- 
nal, p.  294. 
Ante,  p.  294, 
chap.  321; 
p.  311,  chap. 
361.  Supra, 
chap.  369. 


from  their  respective  Habitations  to  the  place  of  General  Rendez- 
vous for  their  Subsistance  be  Eight  Shillings  ^  Week  fifteen  miles 
to  be  accounted  a  days  Travil  and  further  that  there  be  allowed 
for  a  Commissary  of  the  Hospitall  Three  pounds  ^  month 

And  that  there  be  given  the  following  Allowance  after  the  Arrival 
at  the  place  of  Gen^  Eendezvous 

To  Each  man  one  pound  of  Bread W  Diem 

one  pound  of  Pork D° 

one  Gill  of  limn D" 

half  a  pint  of  Pease  or  Beans D" 

half  a  pound  of  Sugar ^  week 

2  ounces  Ginger D" 

one  pound  of  flower    .         .        .        .         .        .        .  D* 

one  pint  Indian  Meal D° 

four  ounces  Butter D" 

1  pint  Molasses D° 

And  that  the  Sum  of  One  Hundred  &  fifty  pounds  be  Laid  out 
by  the  Com*^®  of  Warr  for  things  Necessary  &  Comfortable  for  the 
Sick  &  wounded.     \_Passed  April  28. 


Legislative 
Records  of  the 
Council,  XX., 
447.    Mass. 
Archives, 
Ixxiv.,  390. 

Mass. 
Archives, 
Ixxiv.,  .390. 
House  Jour- 
nal, pp.  283, 289. 


CHAPTER    376. 

VOTE  ALLOWING   £2.  15  AND  A  FURTHER  SUM   OF   £2  TO  DANIEL  HOW, 

JUN. 

A  Petition  of  Daniel  How  jun'  shewing  that  while  he  was  a 
Soldier  in  the  Pay  of  the  Province  he  was  captivated  by  the  Indians, 
praying  that  he  may  have  some  Allowance  out  of  the  publick  Treas- 
ury for  his  Loss  of  Time  &  Sufferings,  and  for  a  Gun  of  his  own 
then  taken  with  him. 

Read  & 

Voted  that  there  be  allowed  &  paid  out  of  the  Publick  Treasury 
Unto  the  petitioner  Dan^  How  Jun"^  the  Sum  of  Two  pounds  fifteen 
Shillings  on  Account  of  his  sufferings  &  Loss  of  time  while  in  Cap- 
tivity and  also  the  further  Sum  of  Two  pounds  for  his  Gun  taken 
from  him  by  the  Indian  enemy  when  he  was  Captivated.  \^Passed 
April  28. 


CHAPTEE    377. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  ON 
TEA,  &c,  FOR  THE  COUNTY  OF  SUFFOLK  AND  ALLOWING  £5.  8.  7  FOR 
THE  EXPENSE  THEREOF, 


Legislative 
Records  of  the 
Council,  XX., 
447.    Mass. 
Archives,  cxx., 
40. 

Mass. 

Archives,  cxx., 
40.    House 
Journal,  p.  289. 
Ante,  p.  186, 
chap.  44. 


The  Committee  appointed  to  let  out  to  farm  the  Excise  upon 
Tea,  Coffee  &c,^  in  Suffolk,  reported  that  they  had  let  out  the  Same 
to  Elisha  Jones  of  Weston  for  the  Sum  of  £300,  and  had  taken  his 
Bond  with  Sureties,  &  lodged  the  same  with  the  Province  Treas''  Their 
Acco*  of  Charge  being  £5.8.7. 

Read  & 

Ordered  that  the  within  report  be  accepted  &  that  there  be 
allowed  &  paid  out  of  the  publick  Treasury  the  Sum  of  five 
pounds  8/7  to  S*^  Committee  in  full  discharge  of  their  Account 


for  farming  the  Same. 


\^Passed  A2Jril  28. 


£3d  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1754-55.  319 


CHAPTEK    378. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  FOR 
THE  COUNTY  OF  ESSEX  AND  ALLOWING  £2.  7.  6  FOR  THE  EXPENSE 
THEREOF. 

The  Committee  appointed  to  let  out  to  farm  the  Excise  upon  Legislative 
Eum  distilled  Spirits  &c^  in  the  County  of  Essex  reported  that  councff, xl!f ^ 
they  had  let  out  the  same  unto  M'^  William  Coffin,  for  the  Sum  ^^-^^^^l^^^^ 
of  £1,214.13.4  and  had  taken  his  Bond  with  Sureties  t&  lodged  it  37.         '  "   '* 
with  the  Province  Treasurer,  their  Acco*  of  Expence  being  £3.7.6,  Mass. 

T?p<if1   i^  Archives,  cxx., 

Ordered  that  the  within  report  be  Accepted  And  that  there  be  Joumai,  p.  28s. 

Ants  D   'M'^ 

Allowed  &  paid  out  of  the  publick  Treasury  the  sum  of  Two  pounds  chap',  isi" "' 
7/6  to  S**  Committee  in  full  discharge  of  their  Account.     [^Passed 
April  28. 


CHAPTEE    379, 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  FOR 
THE  COUNTY  OF  YORK  AND  ALLOWING  £3.  9.  8  FOR  THE  EXPENSE 
THEREOF. 

The  Committee  appointed  to  let  out  to  farm  the  Excise  upon  Legislative 
Rum,  distilled  Spirits  &c^  in  the  County  of  York,  reported  that  councifxx*^^ 
they  had  let  out  the  same  to  Cp*"  Ichabod  Goodwin  of  Berwick  for  447.  Mass.  ' 
£249  and  had  taken  his  Bond  with  Sureties  &  lodged  it  with  the  zi.^  i^es.cxx., 
Province  Treasurer,  their  Acco*'  of  Charge  being  £3.9.8.  House  Jour. 

Eead  &  "ai.^p.  ^m^^ 

Ordered  that  the  foregoing  report  be  accepted  &  that  there  be  chap!  iss. 
allowed  &  paid  out  of  the  publick  Treasury  the  Sum  of  Three 
pounds  9/8  to   S**   Com'®^   In   full   discharge   of   their   Account. 
l^Passed  April  28. 


RESOLVES,  ORDERS,  VOTES, 

ETC. 

Passed   1755-56. 


[321] 


LEGISLATIVE   LIST' 


1755-56. 


His  Excellency  ^YILLIAM   SHIELEY  [;until  June  26,  1755^, 
Captain-Geneeal  and  Goveknor-in-chief. 

SPENCER    PHIPS,    Lieutenant    Governor    {^Acting    Governor  from 
June  26,  1 755,  until  January  30,  1 756~\ . 

His  Excellency  WH.LIAM   SHIRLEY  ^ from  January  30,  1756']. 

JOSIAH   WILLARD,    Esq., 

SECRETARY  OF  the  PROVINCE. 


COUNCILLORS   OR  ASSISTANTS. 

Of  the  InTidbitants  of  or  Proprietors  of  Lands  loitMn  the  Territory  formerly 
called  the  Colony  of  the  Massachusetts  Bay  ; 


John"  Osborne 
Francis  Foxcroft 

JOSIAH    WiLLARD 

Jacob  Wendell 
Benjamin  Lynde 
Daniel  Russell 
Samuel  Danforth 
John  Greenleaf 
Samuel  Watts 


John  Chandler 
Ezekiel  Chever 
Andrew  Oliver 
Joseph  Pynchon 
'EsQRS.  Thomas  Hutchinson 

Stephen  Sewall 
Isaac  Royal 
Eleazer  Porter 
John"  Erving 


'ESQRS. 


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

John  Gushing  )  Sylvanus  Bourn  \^ 

George  Leonard  ^sqrs.  j^^^  q^^^  psQRS. 

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

Sir  William  Pepperell,  Baronet,  John  Hill  &  Richard  Cutt,  Esqrs. 

1  See  Legislative  Records  of  the  Council,  xx.,  449-452. 
[323] 


324:     Province  IjAVfii  {Resolves^  etc.).  —  1755-56.      [Representatives.] 

Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the  Territory  lying 
between  the  Rivers  of  Sagadahoch  &  Nova  Scotia  ; 

William  Brattle,  Esq. 

For  the  Province,  at  large :  — 
James  Minot  &  Benjamin  Lincoln,  Esqrs. 


REPRESENTATIVES   OR   DEPUTIES. 
May  2S,  1755  to  Ajml  21,  1756. 


Mr.  THOMAS   HUBBARD,  Speaker. 


County  of  Suffolk. 

Boston,  .     .     .  Thomas  Hiibbai'd,  Esq. 
Mr.  John  Tyng, 
James  Bowdoiu,  Esq., 
Mr.  William  Cooper. 

Roxbury,     .     .  Mr.  Samuel  Heath. 

Dorchester, .     .  Estes  Hatch,  Esq . 

Milton,   .     .     .  Samuel  Miller,  Esq. 

Braintree,   .     .  John  Quincy,  Esq. 

Weymouth, .     .  Mr.  James  Humphrey. 

Hingham,    .     .  Mr.  Jacob  Cushing. 

Medfield,     .     .  Mr.  Ephraim  Cheney. 

Stoughtoti,  .     .  Mr.  Richard  Bailey. 

Needham,    .     .  Mr.  William  Bowdoin. 

Brooklyne,  .     .  Jeremiah  Gridley,  Esq. 


Salem  & 

Danvers, 

Ijyswich, 

Newbury, 

Marblehead 

Lyn, 

Andover, 

Beverly, 

Rowley,  . 

Salisbury, 

Haverhill, 

Olocester, 

Bedford,^ 

Boxford, 

Amesbury, 


County  of  Essex. 
^  Henry  Gibbs,  Esq., 
(  Daniel  Epes,  Jr.,  Esq. 
.  Mr.  Daniel  Stanniford. 
.  Mr.  Thomas  Barnard. 
.  Robert  Hooper,  Esq. 
.  Capt.  Benjamin  Newhal. 
.  IVIr.  Joshua  Fry. 
.  Capt.  John  Leach. 
.  Mr.  Thomas  Lancaster. 
.  Mr.  Abraham  Morrill. 
.  Mr.  David  Marsh. 
.  Mr.  William  Parsons. 
.  Capt.  Benjamin  Millekin. 
.  Mr.  Jonathan  Foster. 
.  Mr.  Isaac  Morrill. 


County 
Cambridge,     . 


Gharlestown,  . 
Watertown, 
Reading,    .     . 
Concord  & 
Carlisle, 
Newton,     .     . 
Oroton,  Shirley 
&  PejJjierell, 
Sudbury,  . 
Marlborough, 
Billerica,  . 
Framingham, 


Maiden, 

Weston, 

Medford, 

Littleton, 

Waltham, 

Lincoln, 

Lexington, 


OF  Middlesex. 
William  Brattle,"  Esq., 
Edmund   Trowbridge, 

Esq. 
Mr.  James  Russell. 
Mr.  John  Hunt. 
Mr.  John  Temple. 

Mr.  Simon  Hunt. 

Thomas  Greenwood,  Esq. 

William  Lawrence,  Esq. 

Capt.  John  Noyes. 
Mr.  Samuel  Witt. 
Capt.  Enoch  Kidder. 
Joseph  Buckminster, 

Esq. 
Mr.  Benjamin  Hills. 
Mr.  Abraham  Biggelow. 
Mr.  Stephen  Hall. 
Nathaniel  Russell,  Esq. 
Samuel  Livermore,  Esq. 
Chambers  Russell,  Esq. 
Benjamin  Read,  Esq. 


County  of  Hampshire. 

Springfield,    .     .  Josiah  Dwiglit,  Esq. 

North  Hampton  % 

&  South-hamj}-    >  Joseph  Hawley,  Esq. 

ion,  ) 

Hadley  & 

Neto  Hadley, 


Capt.  Moses  Marsh. 


^  The  House  Journal,  p.  4,  and  the  State  Library  copy,  Legislative  Records  of  the  Council,  xx.,  451, 
reads.  "Bradford."  ' 

^  Henry  Vassall  appointed  Representative  from  Cambridge,  August  7,  1755,  in  place  of  William  Brattle 
now  of  his  Majesty's  Council. —  House  Journal,  p.  121,  1755-56. 


[Representatives.]     'Province  IjAws  {Hesolves,  etc.).  —  1755-56..     325 


County  of 
Hatfield,    . 
Sheffield,    .     . 
Westfield,   . 
Deerfield  & 
Greenfield, 


Hampshibe  —  Concluded. 
.  Israel  Williams,  Esq. 
.  JNIr.  Daniel  Kellog. 
.  Mr.  Eldad  Taylor. 

>  Elijah  Williams,  Esq. 


Worcester, 
Lancaster, 
Leicester  & 
Spencer, 
Brookfield, 
Lunenburgh,  . 
Oxford  & 
Charlton, 
Mendon, 
Rutland  &  Rut- 
land District, 
Sutton, 
Westborotcgh, 
Shreivsbury , 
Bolton,  . 
Sturbridge, 
Hardwich,^ 


County  of  Worcester. 

.  Timothy  Payne,  Esq. 
.  Mr.  David  Wilder. 


Thomas  Steel,  Esq. 

Mr.  Jabez  Upham. 
Mr.  John  Haywood. 

Duncan  Campbell,  Esq. 

Capt.  Phineas  Lovett. 

John  Murray,  Esq. 

Mr.  Daniel  Greenwood.- 
Mr.  Francis  Whipple. 
Mr.  Daniel  Haywood. > 
John  Whetcomb,  Esq. 
Moses  Mercy ,2  Esq. 
.  Timothy  Ruggles,  Esq. 


County  of  Puy'MOuth. 
Plymouth,  .     .     .  Thomas  Foster,  Esq. 


Scituate, 
Marshfield, 
Bridgivater, 
Middleborough, 


Thomas  Clap,  Esq. 
John  Little,  Esq. 
Daniel  Howard,  Esq. 
Mr.  Ebenezer  Sprout. 


County  of  Plymouth  —  Concluded. 
Rochester,  .     .     .  IMr.  Elisha  Clap.^ 
PlymjJton,  .     .     .  Mr.  Isaac  Bonney. 
Pembroke,  .     .     .  Mr.  Israel  Turner. 
Kingston,    .     .     .  Mr.  John  Brewster. 

County  of  Barnstable. 

Barnstable,  .     .  James  Otis,  Esq. 
Sandwich,    .     .  Roland  Cotton,  Esq. 
Eastham,     .     .  John  Freeman,  Esq. 
Harwich,      .     .  Nathaniel  Stone,  Esq. 

County'  of  Bristol. 

Taunton,       .  .  Mr.  Jonathan  Barney. 

Rehoboth,      .  .  Capt.  Aaron  Kingsley. 

Swanzey,       .  .  Mr.  John  Anthony. 

Dartmouth,  .  .  Capt.  Nathaniel  Sole. 

Norton,    .     .  .  Mr.  Thomas  Moorey. 

Attleborough,  .  Mr.  Benjamin  Day. 

Easton,     .     .  .  Mr.  Daniel  Williams. 


York,  .  . 
Kittery,  . 
Wells,  .  . 
Berwick,  . 
Falmouth, 
Biddeford, 
Arundel,  . 


CoxrsTY  OF  York. 

.  Mr.  Jolm  Bradbury. 

.  Nathaniel  Sparhawk,  Esq. 

.  Mr.  John  Wynn. 

.  Mr.  William  Gerrish. 

.  Charles  Frost,  Esq. 

.  Mr.  Samuel  Hill. 

.  Mr.  Thomas  Perkins. 


Scarborough,      .  Edward  Millekin,  Esq. 

In  the  County  op  Nantucket. 

Sherburyie,    .     .  Abishai  Folger,  Esq. 


1  Ward's  History  of  Shrewsbury,  p.  68,  also-the  House  Journal,  p.  4,  read,  "Phineas  Heywood." 
^  The  House  Journal,  p.  4,  reads,  "Moses  Marcy,  Esq." 

^  The  House  Journal,  p.  4,  and  the  State  Library  copy,  Legislative  Records  of  the  Council,  p.  451,  read, 
'  Hardwick." 
*  History  of  Plymouth  County,  p.  337,  reads,  "Elisha  Barrows." 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-eighth  Day  of  May,  A.D.  1755. 


CHAPTEE    1. 


ORDER  DIRECTING  AN  INDEX  TO  BE  MADE  OF  Y^  TEMPO">^  LAWS. 


Legislative 
Records  of  the 
Council,  XX., 
465.    Mass. 
Archives, 
xlvii.,  406. 


Ordered  That  the  Com'^^  appointed  by  the  General  Court  the  9'*'  ^|fi'i.^a\"of  the 
Ap^  1754,  to  take  care  of  the  re-Printing  the  Temporary  Laws,  be  council,  xx., 
directed  to  prepare  a  Correct  Table  for  the  same  as  soon  as  may  be.  journaur228 
[Passed  May  30.  !^^f'^'  ^^^^ ' 


CHAPTER    2. 


ORDER  ACCEPTING    THE    ACCO^   OF    Y^  TRUSTEES    OF    HASSANIMISCO 

INDIANS. 

An  Accompt  presented  by  the  Trustees  of  the  Hassanimisco 
Indians  of  Receipts  and  Disbursements  for  said  Indians  in  the  Year 
past,  Ballance  thereof  in  the  said  Trustees  Hands,  being  10/11^4. 

Read  &  Accepted  & 

Ordered,  That  the  said  Trustees  be  accountable  for  the  Ballance 
of  the  Acc°  being  ten  shillings  and  eleven  pence  three  farthings. 
[Passed  May  30. 


Legislative 
Records  ol  the 
Council,  XX., 
455.    Mass. 
Archives, 
xxxii.,  612. 

Mass. 
Archives, 
xxxii.,  611. 
House  Jour- 
nal, p.  9. 
Province 
Laws,  xiii.,  326, 
chap.  227. 


CHAPTER    3. 


ORDER  GRANTING  TO   JOHN  LAMBERT  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  John  Lambert  of  Taunton  in  the  County  of  Bristol,  R^^ords^of  jjj 
Keeper  of  his  Majesty's  Goal  there,  praying  that  the  Court  of  Gen-  council,  xx., 
eral  Sessions  of  the  Peace  for  said  County  may  be  impowered  to  grant  Archives*,^' 
him  a  Licence  to  sell  Strong  Drink.  xiiv.,  les. 

Read  &  Mass. 

Ordered,  That  the  Prayer  of  the  Petition  be  so  far  granted  as  xiiv.,'iCT.' 
that  the  Justices  of  the  General  Sessions  of  the  Peace  for  the  naTp!8.*^"^" 
County  of  Bristoll  be  and  hereby  are  impowered  (at  their  next 
Term)  to  grant  the  Petitioner  a  License,  if  they  see  fitt,  to  keep 
an  house  of  Public  Entertaium*  in  the  Town  of  Taunton,  he  first 
Obtaining  the  Approbation  of  the  Select  men  of  said  Taunton  the 
time  for  granting  Licenses  being  elapsed  Notwithstanding.  [Passed 
May  30. 

[327] 


328 


Province  Laws  {Resolves,  etc.) .  — 1755-56.     [Chaps.  4-6.] 


CHAPTEE    4. 


ORDER  ACCEPTING  THE   REPORT  OF  THE   COMMITTEE  ON   THE    EXPE- 
DITION TO  NIAGARA. 


Legislative 
Records  of  the 
Council,  XX., 
456.    Mass. 
Archives, 
Ixxiv.,  431. 

Legislative 
Kecords  of  the 
Council,  XX., 
452,  455,  456. 
House  Jour- 
nal, pp.  11, 12, 
13,  14.    Ante, 
p.  294,  chap. 
321. 


The  Committee  appointed  to  take  under  Consideration  that  Part 
of  His  Excellency's  Speech  of  Yesterday,  which  relates  to  the  sev- 
eral Expeditions  now  carrying  on  against  the  Encroachments  of  the 
French,  report  as  their  humble  Opinion,  that  the  Eemoval  of  the 
Encroachments  made  by  the  French  at  Niagara,  [is  a  matter  of  very 
great  importance  to  his  Majestys  [interest] '  &  must  undoubtedly 
engage  a  very  considerable  Proportion  of  the  French  Force  to  pre- 
vent-it:  That  this  Diversion  of  the  French  Force  will  cause  that  a 
less  Number  of  Men  may  be  sufficient  for  the  Crown  Point  Expedi- 
tion than  would  otherwise  be  necessary:  The  Committee  are  there- 
fore of  OiJinion  that  as  many  of  the  Forces  raised  for  the  Crown 
Point  Expedition  as  His  Excellency  shall  apprehend  necessary  may 
be  employed  in  the  proposed  Service  at  Niagara,  during  the  Term 
tliey  inlisted.  Provided  that  His  Excellency  Avill  cause  said  Forces 
to  be  transported  &  victualled  without  any  Expence  to  the  Prov- 
ince, Provided  also  that  the  other  Governments  concernened "  in  the 
ExjDedition  shall  make  no  Exception  to  this  Measure,  and  that  the 
said  Forces  voluntarily  engage  in  said  Service,  and  that  not  less 
than  3,700  Men,  exclusive  of  the  Indians  be  emj)loyed  in  the  Ser- 
vice against  Crown  Point. 

J.   Osborne  ^  Order, 

Read  and 

Ordered  that  this  Rej^ort  be  Accepted.     [Passed  May  31. 


CHAPTER    5. 


Mass. 
Archives, 
Ixxiv.,  438. 

House  Jovir- 
nal,  p.  285 
(April,  1755) ; 
p.  14.    Ante, 
p.  311,  chap. 
361. 


RESOLVE  THAT  NO  ESTABLISHMENT  BE  MADE   FOR  A  SURGEON   GEN- 
ERAL FOR  THE  EXPEDITION  AGAINST  CROWN   POINT. 

Resolved,  That  no  Establishment  be  made  for  a  Surgeon  General, 
or  pay  allowed  to  any  such  Officer  in  the  intended  Expedition  against 
Crown  Point.     [Passed  June  2. 


Legislative 
Records  of  the 
Council,  XX., 

458.    Mass. 
Archives, 
Ixxiv.,  442. 

Legislative 
Records  of  the 
Council,  XX., 
275,  457.    House 
Journal,  p.  19. 
Ante,  p.  296, 
chap.  325. 


CHAPTER    6. 

ORDER  DIRECTING  THE   PREPARATION    OF    STORES    FOR    THE    FIELD 
OFFICERS,  &c^S  OF  THE  EXPEDITION  AGAINST   CROWN  POINT. 

Ordered,  That  the  Committee  of  War  be  directed  to  provide  such 
Stores  as  they  shall  judge  Convenient  for  the  use  of  the  Field  Officers, 
Chaplains  and  Surgeons  engaged  in  the  intended  Expedition  to  Crown 
point,  in  the  same  proportion  as  was  allowed  to  the  said  Officers  &c, 
in  the  late  Expedition  up  Kennebeck  River.     [Passed  June  3. 

*  Inserted  from  Mass.  Archives,  Ixxiv.,  431. 
»  Sic. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56. 


329 


CHAPTER    7. 

ORDER  ALLOAVING  ADVANCE  PAY  FOR  ONE  MONTH   TO  THE   OFFICERS  Legislative 

OF  THE  EXPEDITION  AGAINST  CROWN  POINT.  Coimcil^,  xx*^® 

458.    Mass!  "' 

Ordered,  That  each  of  the  officers  engaged  in  the  intended  Ex-  ^^xi^'.^Jwi. 
pedition  to  Crown  point,  shall  be  entituled  to  receive  one  month's  House  .Jour. 

~    ~  nal,pp.l4, 18, 

19.    Ante, 
p.  311,  chap. 
361. 


pay  before  they  march.     \^Passed  June  3. 


CTT  A  T)  rp  Til  x?       Q  Legislative 

±1  il.  X   ±  Jli  Xl       O  .  Records  of  tlie 

Couucil,  XX., 
458.    Mass. 
VOTE   THAT  THERE   SHALL  BE  NO   AUGMENTATION    OF    THE    FORCES     Archives, 
FOR  THE   CROWN  POINT  EXPEDITION.  Ixxiv.,  439. 

Legislative 

Voted,  That  there  shall  be  no  Augmentation  of  the  Provincial  council,  xx., 
Forces  raised  for  the  intended  Expedition  to  Crown-Point.     \_Passed  j'^ournai.^.Ts!^ 

June  3.  ^nte,  p.'32S, 

chap.  4. 


CHAPTER    9. 


Legislative 
Records  of  the 
Couucil,  XX., 
458. 

ORDER  FOR  FRESH    PROVISIONS    FOR    THE    FORCES    RAISED    FOR    THE  r,: " 

EXPEDITION  AGAINST  CROWN  POINT.  Archives, 

Ixxiv.,  440. 

Ordered  that  the  Committee  of  War  be  directed  to  provide  a  naTp^  w-"*^ 
suitable  Quantity  of  fresh  Provisions  for  the  Forces  raised  for  the  f^^^' \^i^' 


intended  Expedition  to  Crown  Point.     \^Passed  June  3. 


p.  296,  chap. 
325. 


CHAPTER    10. 


ORDER  IMPOWERING  ARCHIE''  GREENFIELD    TO    BRING    FORWARD    A 
WRIT  OF  REVIEW. 


On  the  Petition  of  Archibald  Greenfield,  \cinte,  p.  302,  chap. 
340] 

Read  to  gether  with  the  Answer  of  William  Mayberry  and  There- 
upon 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  granted  as  that 
the  Judgment  mentioned  in  the  Pet"  be  and  hereby  is  set  aside  and 
that  the  Pef  be  allowed  &  impowered  to  bring  forward  his  Writ  of 
Review  of  the  Action  within  mentioned  at  the  Next  Inferiour  Court 
of  Common  Pleas  to  be  held  at  York  within  and  for  the  County  of 
York  on  the  second  Tuesday  of  July  next  and  the  Justices  of  the 
said  Court  are  hereby  impowered  and  directed  to  hear  and  try  the 
same  enter  up  Judgment  &  award  Execution  thereon  the  former 
Judgment  notwithstanding  Provided  the  pef  give  sufficient  Secur- 
ity to  the  Sheriff  of  the  County  of  Essex  to  pay  what  may  be  finally 
adjudged  due  with  Interest  from  this  day.     {Passed  June  4. 


Legislative 
Records  of  the 
Council,  XX., 
460.    Mass. 
Archives, 
xliv.,  129. 

Mass. 
Archives, 
xliv.,  126. 
House  Jour- 
nal, p.  24. 
Ante,  p.  302, 
chap.  340. 


330 


Province  Laws  {Resolves,  etc.).  — 1755-56.     [Chaps.  11-13.] 


CHAPTER    11. 


ORDER  SETTING  OFF  MATHEW   BRIDGE  AND   HIS  ESTATE   FROM 
BRIDGE  TO   WALTHAM. 


CAM- 


Legislative 
Records  of  the 
Council,  XX., 
427.    Mass. 
Archives,  cv., 
496. 

Mass. 

Archives,  cv., 
49.5.    Legisla 
tive  Records  of 
tlie  Council, 
XX.,  460. 
House  Jour- 
nal, p.  25. 


A  Petition  of  Mathew  Bridge,  of  Cambridge,  shewing  that  he 
is  very  inconveniently  situated  for  attending  the  pnblick  Worship 
of  God  in  either  of  the  Meeting  Houses  there,  and  much  moi-e  com- 
modiously  situated  for  the  Meeting  House  in  Waltham,  praying  that 
he  and  his  Estate  may  be  set  off  to  the  Town  of  Waltham. 

Eead  together  with  the  Answer  of  ls°  West  precinct  in  Cambridge 
&  the  other  Papers  and 

Ordered  that  the  Prayer  of  this  Petition  be  granted  and  that  the 
Petitioner  with  his  Estate  be  set  off  from  the  Town  of  Cambridge 
and  annexed  to  the  Town  of  Waltham  there  to  do  Duty  and  enjoy 
Prviledge  9,ccordingly.     \^Passed  June  4. 


CHAPTER    12. 


ORDER  ALLOWING  £13.  6.  8  AND  A  FURTHER  AMOUNT  OF  £3  ANNUALLY 

TO  JOSEPH  BANE. 


Legislative 
Records  of  the 
Council,  XX., 

4G1.    Mass. 
Archives, 
Ixxiv.,  399. 

Mass. 
Archives, 
Ixxiv.,  398. 
House  Jour- 
nal, p.  30. 
Province 
Laws,  xiv.,  567, 
chap.  75. 


A  Memorial  of  Joseph  Bane  Interpreter  of  the  Endian  Language, 
at  the  Truck  House  on  S*  Georges  River,  shewing  that  there  is  a 
Difficulty  with  the  Treas'"  as  to  what  is  due  to  the  Pet'  as  a  Pension 
allowed  him  by  this  Government  on  the  Account  of  a  Maim  gotten 
by  him,  while  in  the  publick  Service,  Praying  that  the  Treasurer 
may  be  ordered  to  pay  him  what  is  due. 

Bead  & 

Ordered,  That  This  Memorial  be  revived,  And  that  there  be 
allowed  and  paid  out  of  the  Publick  Treasury  the  Sum  of  thirteen 
Pounds  six  Shillings  and  eight  pence  to  the  Memorialist  in  full 
Satisfaction  of  his  Misfortune  Occasioned  by  his  being  Maimed  in 
the  Service  of  the  Province  as  Mentioned  in  the  memorial  to  the 
Time  he  last  received  any  Moneys  out  of  the  Treasury  on  that 
Account,  and  that  for  the  future  during  his  Natural  life  he  be 
annually  paid  out  of  the  Province  Treasury  the  sum  of  three 
Pounds  on  the  Consideration  aforesaid.     \^Passed  June  5. 


CHAPTER    13. 


Legislative 
Records  of  the 
Council,  XX., 
461.    Mass. 
Archives,  cxx., 

55n. 

Mass. 

Archives,  cxx., 
55a.    House 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  FOR 
THE  COUNTY  OF  NANTUCKET  AND  ALLOWING  16/  FOR  THE  EXPENSE 
THEREOF. 

The  Committee  appointed  to  let  out  to  farm  the  Excise  on  Spir- 
ituous Liquors  in  the  Island  of  Nantucket,  reported  that  they  had 
let  out  the  same  to  Thomas  Arthur  for  £28  and  had  taken  his  Bond 
Avith  Sureties  &  lodged  it  with  the  Treas''  Praying  Allowance  for 
their  Charge  being  16/. 

Eead  & 


[1st  Sess.]     Province  Laws  (JResolves,  etc.).  — 1755-56.  331 

Ordered  That  this  report  be  Accepted;  and  that  the  sum  of  Six-  Joumai,pp.25, 
teen  shillings  be  allowed  &  paid  out  of  the  Public  Treasury  to  the  p.'2U,chvii>. 
said  Committee  for  that  Service,  and  in  Discharge  of  their  Acco'  ^^• 
of  Time  &  Expences.     [Passed  June  5. 


CHAPTEE    14. 

ORDER  IMPOWERING  JABEZ  FOX,  BENJAMIN  KINGSLEY  AND  THOMAS 
PECK  OR  ANY  TWO  OF  THEM  TO  EXECUTE  DEED  OR  DEEDS  OF 
LAND   BELONGING  TO   THE  SWANZEY  CHURCH. 

A  Petition  of  Aaron  Kinggley  for  the  Agents  of  the  Church  of  Rgfo^Jfg^Jf^tij 
Swanzey,  shewing  that  the  Order  of  both  Houses  passed  on  the  said  council,  xx., 

Agents  Pet"^  in  April  last,  was  not  signed  by  the  Lieu*  Governour,  — . 

Praying  it  may  be  revived.  RefordTonhe 

Eead  &  Council,  xx., 

Ordered  that  the  Petition  referred  to  in  this  Memorial  be  revived,  jouma?,^^^ 
and  that  the  Prayer  thereof  be  so  far  granted,  as  that  Mess"  Jabez  Yaw\\  ivsiv^ 
Fox,'  Benjamin  Kingsley  &  Thomas  Peck  or  any  two  of  them,  be  p-28.  'prov-' 
and  hereby  are  enabled  to  make  and  execute  a  good  &  sufficient  ':d?L,  ssiTchap. 
Deed  or  Deeds  of  all  or  any  of  the  Lands  mentioned  in  the  Peti-  ' 
tion,  belonging  to  the  said  Church  of  Swanzey,  they  attending  the 
Order  of  this  Court  made  relating  to  the  Sale  of  those  Lands,  upon 
the  28**^  of  October  1743,  in  all  particulars,  saving  what  relates  to 
the  Advice  of  Nathaniel  Hubbard  Esq''  &  M'  Daniel  Barney.    \_Passed 
June  5. 


140. 


CHAPTEE    15. 

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

An  Accompt  presented  by  Daniel  Appleton  Esq""  Treasurer  of  the  Legislative 
County  of  Essex  for  the  last  Year,  having  been  by  him  laid  before  councif  xx!^^ 
the  Court  of  General  Sessions  of  the  Peace  for  said  County  &  by  ^62.  Mass.  ' 

,1  n  T  J  J    Archives, 

them  allowed.  ccxiviii.,i60. 

Read  and  i^^^^  ' 

Ordered  That  this  accompt  be  allowed  and  That  the  Ballance  ^l^iviirieo 

thereof  being  Two  hundred  Eighty  Nine  Pounds,  thirteen  shillings  House  Jour' 

and  three  pence  one  farthing,  the  said  Treasurer  be  further  Account-  "I^-pp-^^.s!, 

able  to  the  said  County  for,     [Passed  June  6."^ 


CHAPTEE    16. 

ORDER  ADJOURNING  THE  COURTS  OF  BRISTOL  AND  ESSEX  COUNTIES. 

Whereas  divers  of  the  Justices  of  the  Superior  Court  of  Judica-  Legislative 
ture.  Court  of  Assize  and  General  Goal  Delivery  which  by  Law  are  councfi^ xx!,^^ 
to  be  holden  at  Ipswich  in  the  County  of  Essex  on  the  second  Tues-  ^3.  Mass.  ' 
day  of  June  Current;  And  whereas  some  of  the  Justices  of  the  Court  xivii.,408. 

J  The  House  Journal,  p.  28,  reads,  "Jabez  Wood." 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  June  5. 


332 


Province  Laws  (Hesolves,  etc.) .  — 1755-56.     [Chaps.  17,18.] 


House  Jour- 
nal, p.  35. 


of  General  Sessions  of  the  Peace  and  inferior  Court  of  Comon  Pleas 
which  by  Law  are  to  be  holden  at  Taunton  in  the  County  of  Bristol 
on  the  second  Tuesday  of  June  Current,  and  divers  other  persons 
who  are  concerned  in  Business  there,  are  members  of  this  Court; 
And  the  very  important  affairs  of  this  Province  now  depending 
require  their  attendance :     Wherefore 

Ordered  that  the  Courts  aforementioned  that  were  to  be  held  at 
the  Time  aforesaid  be  adjourned  to  the  first  Tuesday  of  July  next 
at  Ten  o'Clock  in  the  forenoon  at  the  respective  Court  Houses  in 
Ipswich  and  Taunton :  And  all  Pleas  Writts  Plaints  Processes  Pre- 
cepts recognizances  and  other  Thing  &  things  whatsoever  return- 
able, or  having  day  or  days  in  the  said  Courts  respectively  shall 
stand  abide  &  Continue  unto  the  s^id  adjournment,  and  be  held 
deemed  and  Adjudged  to  be  as  good  effectual  and  available  in  Law 
to  all  Intents  Constructions  &  Purposes  as  if  such  Courts  had  been 
held  and  kept  on  the  day  by  Law  for  holding  the  same  and  no 
adjournment  thereof  had  been  made.     [Passed  June  6, 


CHAPTEIi    17. 


Legislative 
Records  of  the 
Council,  XX., 
463.    Mass. 
Archives, 
xxxii.,  623. 

Mass. 
Archives, 
xxxii.,  622. 
House  Jour- 
nal, pp.  26, 30. 
Province 
Laws,  xiv., 718, 
chap.  221. 


ORDER  IMPOWERING  JOB  AHAUTON,  INDIAN,  TO  SELL  LAND. 

A  Petitioist  of  Job  Ahauton  of  Middleboro,  Indian,  Praying  for 
Liberty  to  sell  his  Land  in  Tetticut,  (he  having  other  Lands  suffi- 
cient for  his  Improvem*)  the  Produce  thereof  to  be  employed  for 
the  payment  of  his  just  Debts,  Support  of  his  Aged  Grand  Mother 
&  Family,  &  his  own  comfortable  Subsistence. 

Eead  and 

Ordered,  That  the  Petitioner  be  and  hereby  is  allowed  and  im- 
powered  with  the  Advice  and  Assistance  of  the  Trustees  for  the 
Indians  of  Teticut  to  make  Sale  of  his  Lands  at  Teticut  mentioned 
in  the  Pet°  And  that  the  produce  thereof  be  applied  by  the  said 
Trustees  for  the  uses  within  Mentioned.     [Passed  June  6. 


CHAPTEK    18. 


Legislative 
Records  of  the 
Council,  XX., 
464.    Mass. 
Archives,  cv., 
517. 

Mass. 

Archives,  cv., 
516.   House 
Journal, 
pp.  24,  30. 


ORDER  IMPOWERING  SARAH  FOX,  ADM^,  TO  EXECUTE  A  DEED. 

A  Petition  of  Henry  Ewers  of  Concord,  shewing  that  in  Con- 
sideration of  John  Fox  of  Littleton  being  bound  for  the  Petitioners 
Paying  sundry  Sums  of  Money,  the  Pet''  by  Deed  absolutely  con- 
veyed his  House  &  Land  to  the  said  Fox,  upon  Verbal  Agreement 
between  them,  that  upon  the  Petitioners  discharging  the  said  Sums 
the  said  Estate  should  be  reconveyed  to  him,  that  the  said  Fox 
went  abroad  &  returning  home  Sick,  died  of  that  Sickness  before 
the  said  Estate  was  re-conveyed,  althd  the  Pef  had  discharged  all 
those  Sums  excepting  a  very  small  Part,  which  he  is  now  ready  to 
pay,  therefore  Praying  that  the  Widow  &  Administ^  of  said  Fox 
may  be  impowered  to  re-convey  said  Estate. 

Read  and 

Ordered,  That  the  Prayer  of  this  Pet"  be  so  far  granted  as  that 
the  said  Sarah  Fox  therein  mentioned  be  and  hereby  is  impowered 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  333 

in  her  said  Capacity  of  Admin^  on  the  Estate  of  the  said  Fox  to 
execute  a  Deed  of  release  of  the  buildings  and  Lands  in  the  Deed 
referred  to  in  the  said  Pet"  to  the  said  Henry  Ewers  so  as  that  the 
same  may  remain  to  him  his  Heirs  and  Assigns  as  firm  as  it  did 
before  the  making  of  the  said  Deed  to  the  said  John  Fox,  and  that 
the  same  be  looked  upon  as  firm  and  Valid  as  if  it  had  been  exe- 
cuted by  the  said  John  Fox  in  his  life  Time.     [Passed  June  6. 


CHAPTEE    19. 

ORDER    CONFIRMING    AND    ESTABLISHING    THE    RATES    OF    THE    AS- 
SESSORS OF  HARWICH  SOUTH  PRECINCT. 

A  Petition  of  the  South  Precinct  in  Harwich,  shewing  that  one  Legislative 
of  their  Assessors  the  last  Year  by  Mistake,  neglected  to  be  sworn  coumlf,  '^x^^ 
to  his  Office,  and  thus  unqualified  he  assisted  in  making  the  Rates  464    Mass. 
in  September  1754,  Praying  that  said  Assessment  may  be  valid,  not-  531.        '     ' 
withstanding  said  Omission.    .  Mass. 

"Rp'ifl   nnrl  Archives,  cv., 

xteaci  ana  520-524.  House 

Ordered  That  the  Prayer  of  this  Petition  be  granted  And  that  Journal, pp.  28, 
the  said  Rates  are  herelDy  confirmed  &  Established,  and  shall  be     ' 
held  good  in  Law  to  all  Intents  &  purposes  as  fully  as  if  the  said 
Benjamin  Nickerson  had  been  under  Oath  when  he  made  the  same. 
[Passed  June  6. 


CHAPTER    20. 

VOTE   AND  ORDER  ALLOWING   £24.  18.  8  TO  D"  NELSON  FINNEY  OUT  OF 
THE   PUNCAPAUG   INDIANS   STOCK. 

Voted,  That  it  appears  to  this  Court  y*  the  Within  named  samuel  i®s*®^^"^f  ju 
miller  Esqr  has  Paid  only  four  Pounds  of  the  Within  mentioned  council,  xx., 
sum  to  the  Within  Named  Nelson  Finney  [ante,  p.  241,  chap.  182]  Archi'^ves?' 
and  as  there  are  now  Other  Gaurdians  appointed  over  the  s'^  Indians  xxxii.,  es'i. 
It  is  therefore  Mass. 

Ordered  that  s*^  miller  forthwith  account  with  the  same .  Gaur-  xxxi^.TliSo. 
dians  and  the  Present  Gaurdians  are  Directed  to  Pay  the  s*^  Nelson  n^°"rf  35'"'^" 
the  sum  of  Twenty  four  Pounds  Eighteen  shillings  and  Eight  Pence  ^We,p.|4i, 
Being  the  Ballance  noAv  due  to  him  agreeable  to  the  Within  order.*  '^  ^v-'^^^- 
[Passed  June  6. 


CHAPTER    21. 

ORDER  ALLOWING   £2.  10  TO  JOSHUA  FROST. 

A  Petition  of  Joshua  Frost  late  a  Soldier  in  the  Expedition  on  Legislative 
Kennebeck  River,  under  Major  General  Winslow,  praying  that  he  coundf  xx!^* 
may  be  allowed  the  Charges  of  his  Sickness  contracted  while  he  was  465.  Mass.  ' 

xi  •Id-  Archives, 

m  the  said  Service.  ixxiv.,  421. 

*  "The  foregoing  Vote  was  %vritten  on  an  attested  copy  of  an  order  of  this  court  that 
Samuel  Miller  Esq''  as  Guardian  of  the  Puncapaug  Indians  should  pay  unto  Nelson  Finney 
Twenty  eight  Pounds  eighteen  Shillings  &  8  pence."  —  Mass.  Archives,  xxxii.,  630. 


334 


Province  Laws  {Resolves,  etc.).  — 1755-56.     [Chaps.  22,  23.] 


Mass. 
Archives, 
lxxiv.,4-2-2. 
House  Jour- 
nal, pp.  24,  30. 
Ante,  p.  258, 
chap.  228. 


Eeacl  and 

Ordered,  That  the  Prayer  of  this  Petition  be  granted,  and  that 
there  be  allowed  and  paid  out  of  the  Public  Treasury  to  the  Peti- 
tioner the  Sum  of  two  pounds  ten  shillings  to  enable  him  to  dis- 
charge the  Accompts  therewith  exhibited.     \_Passed  June  6. 


Legislative 
Records  of  the 
Council,  XX., 
46.5.    Mass. 
Archives, 
Ixxiv.,  380. 

Mass. 
Archives, 
Ixxiv.,  380. 
House  Jour- 
nal,pp.  2.5, 31. 


CHAPTER    22. 

ORDER  ALLOWING  £2.  6.  6  TO  MARY  THOMPSON. 

A  Petition  of  Mary  Thompson  of  Nottingham,  Widow  of  Joseph 
Thompson,  shewing  that  her  said  Husband  was  taken  sick  in  the 
publick  Service,  &  came  home  &  died  of  said  Sickness,  Praying  that 
the  Charge  of  Doctors  may  be  paid  out  of  the  publick  Treasury : 

Eead  and 

Ordered  That  this  Petition  be  revived;  and  That  the  prayer  of  the 
Pet''  be  granted,  and  that  the  Pef  be  allowed  and  paid  out  of  the 
Public  Treasury  the  Sum  of  Two  pounds  six  Shillings  and  six  pence 
to  enable  her  to  discharge  the  account  herewith  exhibited.  [Passed 
June  6. 


CHAPTER    23. 


Legislative 
Records  of  the 
Council,  XX., 
465.    Mass. 
Archives, 
xxxii.,  619. 

Mass. 
Archives, 
xxxii.,  618. 
House  Jour- 
nal, pp.  26,  37. 
Ante,  p.  110, 
chap.  256. 


ORDER  IMPOWERING  GUARDIANS  TO  SURVEY  AND  SET  OFF  TO  JEFFRY 
AND  MARY  HENRY,  INDIANS,  THEIR  RIGHTS  IN  COMMON  LANDS 
WITH  POWER  TO  SAID   INDIANS  TO   SELL  THE   SAME. 

A  Petition  of  JefEry  Henry  &  Mary  *  Henry  his  Wife,  of  Provi- 
dence in  Rhode  Island  Colony  Indians,  shewing  that  they  have  several 
Rights  of  Land  in  ISTatick  within  this  Province,  that  they  are  now 
grown  old  &  unable  to  support  themselves  by  Labour,  praying  that 
they  may  be  impowered  to  sell  so  much  of  said  Land  as  their  Gruar- 
dians  and  Trustees  shall  judge  needful. 

Read  and 

Ordered,  That  the  Prayer  of  this  Pet"  be  so  far  granted  as  that 
the  Guardians  of  the  Natick  Indians,  be  and  hereby  are  directed 
and  impowered  to  Survey  and  sett  off  to  the  Pet"  all  such  rights 
of  Common  Lands  as  they  shall  find  to  belong  to  the  Pet"  either 
in  Natick  or  in  any  other  part  of  the  Province ; 

And  that  the  Pet"  be  allowed  and  hereby  are  impowered  (with  the 
consent  of  the  said  Guardians)  to  make  sale  of  so  much  of  the  same 
as  they  shall  judge  necessary  for  the  support  of  the  Pet"  who  are 
now  so  old  as  to  be  past  their  labour  Seasonable  public  Notice  being 
first  given  of  the  Time  and  place  of  Sale,  the  proceeds  of  said  Sale 
to  be  put  into  the  said  Guardians  hands,  and  they  to  be  accountable 
to  this  Court  for  their  proceedings  herein.     [Passed  June  7. 

*  The  House  Journal,  p.  26,  reads,  "  Mercy." 


[1st  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1755-56.  335 


CHAPTEK    24. 

ORDER  IMPOWERING  JOSEPH  EPHRAIM,  INDIAN,  TO   SELL  LAND. 

A  Petition  of  Joseph  Ephraim  of  Natick  Indian,  shewing  that  ^^^^^li'^^^f  th 
being  greatly  advanc'd  in  Years  and  unable  to  Labour,  he  has  been  uouncu.xx., 
necessitated  to  contract  considerable  Debts,  especially  on  his  Chil-  Archives?" 
drens  Acco'  praying  for  Liberty  to  sell  some  of  his  unimproved  xxxii.,  6i5. 
Lands  for  the  Payment  of  said  Debts,  &  for  his  future  Support.        Mass. 

T3       1  ^  Archives, 

Kead  and  xxxii.,6u. 

Ordered,  That  the  Prayer  of  this  Pet°  be  so  far  granted  as  that  ^a'i?pp!^27!'36. 
the  Pef^  (with  the  advice  and  Consent  of  the  Guardians  of  the  Anie,^\m, 
Natick  Indians)  be  and  hereby  is  allowed  and  impowered  to  make  ^  ^''*^'  ^^' 
Sale  of  so  much  of  his  said  unimproved  Lands  as  will  enable  him 
to  discharge  the  Just  Debts  of  his  said  deceased  Children,  as  also 
to  raise  such  further  Sums  of  Money  as  the  said  Guardians  shall 
judge  sufficient  for  the  Support  of  the  Pef  in  his  very  advanced 
Age  Seasonable  public  Notice  of  the  Time  and  place  of  Sale  being 
first  given :  The  produce  of  the  said  Sale  to  be  applied  in  the  first 
place  to  the  discharge  of  his  said  dec*^  Children's  debts,  and  the 
remainder  to  the  more  comfortable  Support  of  the  Pet"^  for  the 
future.     [^Passed  June  7. 


CHAPTER    25. 

ORDER  IMPOWERING   C^SAR  FERRIT,  INDIAN,  TO  SELL  LAND. 

A  Petition  of  Caesar  Ferrit  of  Natick,  Indian,  Praying  for  Lib-  Legislative 

liecords  of  the 

erty  to  sell  Thirty  Acres  of  his  Land  for  Payment  of  his  Debts  con-  councu,  xx., 
tracted  by  Sickness,  and  for  building  a  dwelling  House  &  other  Uses.  — , 

Pporl   Rr  House  Jour- 

^^^'^  ^  .   ,  nal,pp.26,37. 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  granted,  as  that  Ante,  p.  no, 
the  Petitioner  be  &  hereby  is  allowed  and  impowered  with  the  Ad-  °  ^^'  ^^^' 
vice  &  Consent  of  the  Guardians  of  the  Natick  Indians  to  sell  Thirty 
Acres  of  his  Land  in  said  Natick,  and  to  execute  a  good  Deed  of 
Sale  of  the  same,  to  the  Person  or  Persons  who  will  give  the  most 
therefor,  seasonable  Notice  of  the  Time  &  Place  of  Sale  being  first 
given ;  the  Produce  thereof  to  be  applied  in  the  first  Place  to  the  Dis- 
charge of  the  just  Debts  of  the  Petitioner,  and  to  the  building  the 
Petitioner  a  suitable  dwelling  House,  the  Eemainder,  if  any  there 
be  to  be  applied  to  the  best  Advantage  of  the  Petitioner,  as  the  said 
Guardians  shall  direct.     \_Passed  June  7. 


336 


Province  Laws  {Resolves,  etc.).  — 1755-56.     [Chaps.  26-28.] 


CHAPTEE    26. 


Legislative 
Records  of  the 
Council,  XX., 
466.    Mass. 
Archives, 
Ixxiv.,  3-21. 

House  Jour- 
nal, pp.  30, 38. 
Ante,  p.  258, 
chap.  228. 


ORDER  ALLOWING   £4.  4.  10  TO  DAN^-  MOOR. 

A  Petition  of  Daniel  Moor,  praying  that  he  may  be  allowed  out 
of  the  pnblick  Treasury,  the  Charge  he  has  been  at  in  the  Sickness 
of  his  Son,  while  he  was  a  Soldier  in  the  Expedition  to  Kennebeck 
River. 

Read  and 

Ordered,  That  the  Prayer  of  this  Pet°  be  so  far  granted  as  that 
the  sum  of  four  Pounds,  four  shillings  and  ten  pence  be  allowed 
and  jDaid  out  of  the  Public  Treasury  to  the  Petitioner  for  his  Ex- 
pences  mentioned  therein.     \_Passed  June  7. 


CHAPTEE    27. 

ORDER  OF  NOTICE  ON  THE  PET^  OF  JABEZ  UPHAM  &  OTHERS  OF 
THE  FIRST  PRECINCT  TO  BE  ANNEXED  TO  THE  THIRD  PRECINCT 
IN  BROOKFIELD. 


Legislative 
Records  of  the 
Council,  XX., 
466.    Mass. 
Archives, 
cxvii.,  15. 

Mass. 
Archives, 
cxvii.,  14. 
House  Jour, 
nal,  p.  39. 


A  Petition  of  Jabez  Upham,  Ephraim  Bartlet,  John  Rich  & 
Obadiah  Wright  Inhabitants  of  the  first  Precinct  in  Brookfield, 
setting  forth  their  Inconvenient  Situation  &  Circumstances  in  the 
said  Precinct,  Praying  that  they  with  their  Estates  may  be  set  off 
to  the  third  Precinct  in  said  Town. 

Read  and 

Ordered,  That  the  Pet"  serve  the  first  Precinct  in  Brookfield  with 
this  Petition  by  leaving  an  Attested  Copy  thereof  with  their  Pre- 
cinct Clerk,  That  they  shew  cause  (if  any  they  have)  on  the  second 
Wednesday  of  the  next  Sitting  of  this  Court,  why  the  Prayer  thereof 
Should  not  be  granted;  and  that  the  Collectors  for  the  said  first 
precinct  are  hereby  directed  not  to  Collect  any  Taxes  laid  on  the ' 
Petitioners  towards  defreying  the  Charges  of  said  Precinct,  till  the 
further  Order  of  this  Court.     \^Passed  June  7. 


CHAPTEE    28. 


ORDER  ALLOWING  £66.  13.  4  TO   JOS.   KELLOG. 


Legislative 
Records  of  the 
Council,  XX., 
467.    Mass. 
Archives, 
xxxii.,627. 

Mass. 
Archives, 
xxxii.,  626,  628. 
House  Jour- 
nal, pp.  10, 11, 
18,  40.    Prov- 
ince Laws,  iii., 
860,  chap.  2. 
Ante,  p.  267, 
chap.  255. 


A  Petition  of  Joseph  Kellog  Esq""  shewing  the  Difficulty  he  meets 
with  in  getting  Payment  of  a  Sum  allowed  him  on  his  former  Peti- 
tion, for  his  Services  to  the  Province,  at  divers  Times  and  Places, 
as  Interpreter  of  the  Indian  Language,  praying  for  Relief  from  this 
Court. 

Read  and  Whereas  it  appears  That  the  Pef  has  received  a  Grant 
from  this  Court  of  twenty  Eight  Pounds  thirteen  Shillings  and  four 
pence,  and  Obtained  a  Warrant  from  his  Excellency  the  Gov""  to  the 
Treasurer  for  the  said  Sum  to  be  paid  out  of  the  Interest  money 
that  may  be  received  of  the  agents  of  Lady  Warren  pursuant  to  an 
Ord''  of  the  Gen^  Court ;  but  inasmuch  as  there  is  no  money  in  the 
Treasury  As  yet  received  of  the  Lady  Warrants,  [Warrens]  Agents ; 
Therefore 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  337 

Ordered  That  upon  the  said  Warrants  being  returned  into  the 
Secretary's  office  a  New  wan-ant  be  drawn  upon  the  Appropriation 
of  Contingences,  and  that  there  be  an  Addition  to  said  Grant  of 
Twenty  Eight  pounds  thirteen  shillings  and  four  pence,  of  the 
further  Sum  of  Thirty  Eight  pounds  w^""  will  make  the  whole 
amount  to  be  sixty  Six  pounds  thirteen  shillings  &  four  pence, 
and  which  is  in  full  for  the  Pef^  said  past  Services ;  Also 

Ordered  That  upon  the  Treasurers  receiving  said  SuiTi  of  Sixty 
Six  Pounds  thirteen  shillings  and  four  pence  into  the  Treasury  from 
the  agents  of  Lady  Warren,  he  be  directed  to  replace  the  same  in 
the  appropriation  of  Contingences.     [^Passed  June  7. 


CHAPTEK    29. 

ORDER  ALLOWING  £6.  8.  7  TO  JOHN  TUTE.  ' 

A  Petition  of  John  Tute  a  Soldier  in  the  late  Expedition  to  Legislative 
Kennebeck  River,  shewing  that  upon  his  applying  unto  the  Treas-  councif  xx!^^ 
urer  for  his  Wages  for  his  said  Service,  he  found  they  had  been  ^7.  Mass.  ' 
received  by  one  William  Oliver  by  Means  of  a  Counterfiet  Order,  ixxiv.,  417. 
Praying  to  be  allowed  his  Wages  notwithstanding.  Mass!  ' 

Eeadand  itxfv.I^'e. 

Ordered  That  the  Petitioner  be  allowed  and  paid  out  of  the  Public  House'jour- 
Treasury  the  Sum  of  Six  Pounds  Eight  Shillings  and  seven  pence  in  °'^  '  ^^*    ' 
full  for  his  Services  mentioned  in  this  Petition :     Also 

Ordered,  That  the  King's  Attorney-General  be  directed  to  pros- 
ecute the  said  William  Oliver  for  the  forgery  therein  suggested  to 
be  comitted  by  him.     \^Passed  June  7. 


CHAPTER    30. 

ORDER  IMPOWERING  DANIEL  THOMAS,  INDIAN,  TO   SELL  LAND. 

A  Petition  of  Daniel  Thomas  of  Natick,  Indian,  Praying  for  Legislative 
Liberty  from  this  Court  to  sell  some  small  Parcels  of  Out-lands  in  councif  xx!*^^ 
Katick,  the  Produce  of  the  same  to  be  laid  out  for  payment  of  his  ^s.  Mass.  ' 
Debts,  contracted  by  Means  of  Sickness,  and  for  purchasing  other  xxxii.^eli. 
Lands  adjoining  to  his  Homestead.  Mass  ' 

I^eadand  _  xxxii.TI^'o. 

Ordered.  That  the  Prayer  of  this  Pet"  be  so  far  granted,  as  that  House'jou'r- 
the  Pef  (with  the  advice  &  Consent  of  the  Guardians  of  the  Natick  Ante,^'.  no,  * 
Indians)  be  and  hereby  is  allowed  and  impowered  to  make  Sale  of  ^"^^p-  '■^^^• 
his  said  out  Lands  mentioned  therein  Seasonable  public  Notice  of 
the  Time  &  place  of  Sale  being  first  given ;  the  Produce  thereof  to 
be  applied  in  the  first  place  to  the  payment  of  the  Pet"  just  debts 
accruing  by  reason  of  his  Wife's  and  Children's  Sickness  &  Nurs- 
ing, the  remainder  to  be  applied  to  the  purchasing  Land  adjoining 
to  the  Pet"  house  Lott,  as  the  said  Guardians  shall  judge  will  be 
of  the  greatest  advantage  for  his  Improvement.     \^Passed  June  7.' 

'  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  June  9. 


338 


Province  Laws  {Resolves,  etc.) .  — 1755-56.     [Chaps.  31, 32.] 


CHAPTEK    31. 


Legislative 
Records  of  the 
Council,  XX., 
480.    Mass. 
Archives, 
lxxiv.,443. 

Mass. 

Archives,  vi., 
206;lxxlv.,  443. 
Legislative 
Records  of  the 
Council,  XX., 
462,463.    House 
Journal,  pp.  34, 
36,  42,  43. 
Ante,  p.  294, 
Chap.  321, 


ORDER    ACCEPTING    REPORT    OF    COMMITTEE    ON    THE    PAY    OF    THE 
INDIANS  OF  THE  SIX  NATIONS  FOR  CROWN  POINT   EXPEDITION. 

The  Committee  appointed  to  take  under  Consideration  his  Ex- 
cellency's Message  of  the  G**"  Instant  have  so  far  attended  the  Ser- 
vice as  to  consider  the  Extract  from  Major  General  Johnsons  Letter 
referred  to  in  his  Excellency's  said  Message,  &  report  as  their  humble 
Opinion.  That  a  Sum  not  exceeding  Six  hundred  Pounds  be 

granted  &  allowed  to  be  paid  out  of  the  publick  Treasury  of  this 
Province,  for  the  Service  of  the  Expedition  against  Crown  Point, 
to  be  applied  towards  engaging  the  Indians  of  the  Six  Nations,  and 
supporting  them  and  their  Families  during  the  Continuance  thereof; 
and  that  the  Treasurer  be  directed  to  reserve  the  aforesaid  Sum,  to 
be  always  ready  to  answer  any  Drafts  on  him  by  Major  General  John- 
son for  the  Purpose  aforesaid,  Provided  that  the  said  Major  General 
be  accountable  therefor,  and  that  he  draw  on  the  Treasurer  for  so 
much  only  of  the  whole  Charge,  as  shall  be  in  Proportion  to  the 
Number  of  Troops,  in  the  Pay  of  this  Province,  compared  with  the 
whole  Forces  of  the  several  Colonies  concerned  in  the  Expedition. 

That  for  every  Company  of  Indians  consisting  of  One  hundred 
Men  there  be  allowed  Wages  To  a  Captain  at  the  Rate  of  Nine 
Pounds  Sterling  per  Month :  To  a  Lieutenant  at  the  Eate  of 

Six  Pounds  Sterling  per  Month :  &  To  an  Ensign  at  the  Rate 

of  Four  Pounds  Sterling  per  Month ;  Their  Pay  to  commence  at  the 
Time  when  they  shall  receive  their  Commissions. 

That  the  Wages  of  the  General  or  Commander  in  Chief  of  the 
Forces  in  the  aforesaid  Expedition  be  at  the  Rate  of  Twenty  five 
Pounds  Sterling  per  Month,  to  commence  at  the  Date  of  his  Com- 
mission ;  That  this  Province  do  pay  towards  the  Wages  of  the 
Genera],  and  also  towards  the  Wages  of  the  Officers  over  the  Indian 
Forces,  in  the  same  Proportion  as  is  before  proposed  in  this  Report 
it  should  pay  towards  the  Charge  of  securing  &  supporting  the  said 
Indians.  Per  Order  John  Otis. 

Read  and 

Ordered  That  this  report  be  Accepted.     [^Passed  June  7.* 


Legislative 
Records  of  the 
Council,  XX., 
468.    Mass. 
Archives,  Ixv., 
95. 

Mass. 

Archives,  ixv., 
93.    House 
Journal, 
pp.  33,  46. 


CHAPTER    32. 

ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  WITHDRAW  HIS 
EXECUTION  AGAINST  CALEB  HUTCHINS,  AND  TO  CREDIT  THE  TOWN 
OF  KITTERY  WITH   £22.  11.  6. 

A  Petition  of  Caleb  Hutchins  of  Kittery,  shewing  that  he  was 
ordered  by  the  Select  Men  of  said  Town  in  the  Year  1746  to  take 
a  List  of  Vessels  belonging  to  said  Town,  &  upon  Warrant  from 
the  Treasurer,  to  collect  the  Sum  of  £21.11.6  set  on  said  Vessels, 
and  altho  he  never  received  any  Warrant  from  the  Treasurer  for 
that  Purpose,  yet  he  demanded  the  said  Tax  of  the  Owners  of  the 
said  Vessels ;  but  they  utterly  ref  us'd  paying  him,  and  yet  the  Treas- 
urer has  issued  out  an  Execution  against  him,  and  praying  for  Relief. 

1  This  date  is  according  to  Mass.  Archives  and  the  House  Journal;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  June  14. 


[1st  Sess.]     Province  Laws  [Hesolves^  etc.).  — 1755-56.  339 

Eead,  and  Whereas  it  appears  to  this  Court  that  the  Select  Men 
of  the  Town  of  Kittery  mistook  the  Law  in  levying  an  Assessment 
upon  the  Vessels  referred  to  in  this  Petition;  and  that  the  Pet'  had 
no  Authority  to  collect  the  same:  Therefore 

Ordered  That  the  Province  Treasurer  be,  and  he  is  hereby  directed 
to  withdraw  his  Execution  which  he  has  issued  against  the  Pef  And 
that  he  discharge  the  Town  of  Kittery  of  the  Sum  of  Twenty  one 
Pounds  eleven  shillings  and  six  pence  new  Tenor  which  they  stand 
charged  with  in  his  Books  for  the  aforesaid  Assessment.  [Passed 
June  9. 


CHAPTER    33. 

ORDER  ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  BARNSTABLE 

COUNTY. 

An  Accompt  presented  by  Jonathan  Bacon  Treasurer  of  the  Legislative 
County  of  Barnstable  for  the  last  Year,  having  been  laid  before  councif  xx!^^ 
the  Court  of  General  Sessions  of  the  Peace  for  the  said  County  &  468.  Mass. 

■L      XI  n  J  Archives, 

by  them  allowed.  ccxiviii.,  i67. 

Eead  and  House  Jour- 

Ordered  That  this  Accompt  be  allowed;  and  that  the  Balance  na^pp-is.si, 
thereof  being  thirteen  pounds  seventeen  shillings  And  one  peny 
three  farthings  the  said  Treasurer  be  further  accountable  to  the 
said  County  for.     [Passed  June  9. 


CHAPTER    34. 

VOTE  DESIRING  THE   GOVERNOR  TO   APPOINT  A  FAST.  Legislative 

Records  of  the 

Voted  that  His  Excellency  the  Governour  be  desired  with  the  468.  Mas's^ '' 
Advice  of  the  Council  to  appoint  a  Day  as  soon  as  conveniently  ^3?^^"^^^'  ^"^■' 
may  be  to  be  Sett  apart  for  solemn  Easting  and  Prayer  to  implore  House  Jour- 
the  divine  Protection  and  Blessing  upon  the  great  and  important  °ai,  p.  4s. 
Expeditions,  We  are  Engaged  in.  And  that  all  servile  Labour  andThanks- 

and  Kecreations  be  forbidden  on  said  Day. '    [Passed  June  9.  I7w°l?|iandf 

p.  497. 


CHAPTER    35. 

ORDER  ALLOWING  40/  ANNUALLY  TO   NATH^-  HIX. 

A  Petition  of  Nathaniel  Hix  of  Kittery  shewing  that  by  Eeason  Legislative 
of  Wounds  he  received  at  Cape  Breton  he  is  still  unable  to  do  any  councff  xx^^^ 
Thing  for  his  Support,  praying  for  some  Allowance  out  of  the  pub-  469.  Mass'. '' 
lick  Treasury.  bcx^^v.I^. 

Eead  and  u^. 

Ordered,  That  the  Pef  be  allowed  and  paid  out  of  the  Public  J^^^j^^''^^^ 
Treasury  annually  during  the  Term  of  his  Natural  Life  the  sum  House  Jou'r- 
of  Forty  shillings  in  Consideration  of  his  past  Services  &  Sufferings,  'i^^' pp- 2'.  4i. 
[Passed  June  9. 

'  The  fast  was  appointed  for  July  3,  1755,  and  was  public. 


3^0 


Province  Laws  {Resolves,  etc.).  — 1755-56.     [Chaps.  36-38.] 


CHAPTER    36. 


ORDER  IMPOWERING  DIVERS  MASHPEE  INDIANS  TO  SELL  LAND. 


Legislative 
Records  of  the 
Council,  XX., 
i69.    Mass. 
Archives, 
xxxii.,  617. 

Mass. 
Archives, 
xxxii.,  616. 
House  Jour- 
nal, pp.  40,  47. 
Ante,  p.  110, 
chap.  256. 


A  Petition  of  divers  Indians  of  Marshpee,  setting  forth  the 
Serviceableness  of  Ebenezer  Thomas  to  their  Village,  and  praying 
that  they  may  be  allowed  to  sell  to  him  Four  Acres  of  Land  par- 
ticularly mentioned  in  the  Petition. 

Read  and 

Ordered  That  the  Prayer  of  this  Pet"  be  so  far  granted  as  that 
the  Guardians  to  the  said  Indians  be  and  hereby  are  impowered  to 
Execute  a  Deed  of  Sale  to  the  within  named  Eben""  Thomas  of  the 
Land  petitioned  for  to  be  sold,  he  paying  them  what  they  shall  judge 
the  Land  to  be  reasonably  worth,  and  that  the  said  Guardians  be 
Accountable  for  the  monies  arising  by  said  Sale  as  they  by  Law  are 
Already  Obliged  to  do  for  all  monies  of  the  said  Indians  that  come 
into  their  hands.     \^Passed  June  9. 


CHAPTER    37. 

RESOLVE  ESTABLISHING  THE  GORE  OF  LAND  BETWEEN  BRAINTREE 
FARMS  AND  BROOKFIELD,  AS  PART  OF  THE  DISTRICT  OF  NEW 
BRAINTREE,  THE  OAVNERS  THEREOF  TO  PAY  A  TAX  OF  ONE  PENNY 
PER  ACRE  FOR  THREE   YEARS. 


Legislative 
Records  of  the 
Council,  XX., 
461).    Mass. 
Archives, 
cxvii.,  25. 

Mass. 
Archives, 
cxvii.,  24. 
Hoiise  Jour- 
nal, pp.  16, 46. 
Province 
Laws,  xiv.,453, 
chap.  116; 
653,  chap.  62. 


A  Petition  of  the  Inhabitants  of  the  Plantation  called  N"ew 
Braintree,  setting  forth  the  Difficulties  they  are  under  in  raising 
their  Tax  on  the  Laud  formerly  belonging  to  John  Quincy  Esq'' 
which  they  apprehend  lies  within  the  Line  of  their  District,  pray- 
ing that  this  Court  would  pass  such  further  Order  in  this  Affair, 
as  may  determine  the  Controversy. 

Read,  and 

Resolved  that  the  Gore  of  Land  in  this  Petition  mentioned  formerly 
belonging  to  John  Quincy  Esq""  lying  between  Braintree  farms  (so 
called)  and  Brookfield  Containing  three  hundred  and  twenty  Acres, 
was  by  the  true  Intention  of  the  great  &  General  Court  meant  to  be 
included,  x\nd  that  the  same  shall  be  deemed  and  understood  for  the 
time  to  come  to  be  included  within  the  bounds  of  the  District  of  New 
Braintree  as  sett  ofi  by  the  said  General  Court,  And  that  the  Owners 
&  Possessors  of  the  same  ought  to  pay,  And  they  are  hereby  Sub- 
jected &  Ordered  to  pay  their  proportion  of  the  said  Tax  of  one 
peny  p  Acre  imposed  on  the  Lands  in  said  District  for  three  years 
accordingly,  in  consequence  of  the  said  Order  of  this  Court.  [Passed 
June  9. 


CHAPTER    38. 


ORDER  ALLOWING  THE  ACCOUNT  OF  THE   TREASURER  OF  MIDDLESEX 

COUNTY. 


Reford"oi  the  -^^  AccoMPT  presented  by  Daniel  Russell  Esq''  Treasurer  of  the 

Council, XX.,  County  of  Middlesex  for  the  last  Year,  having  been  by  him  laid 

ArchiYes^'  before  the  Court  of  General  Sessions  of  the  Peace  for  the  said 

ccxlviii.,  169. 


County,  and  by  them  allowed. 


[1st  Sess.]     Province  Laws  (Besolves,  etc.).  — 1755-56.  341 

Read  and  Mass. 

ArClllVGS 

Ordered  That  this  Accompt  be  allowed;  [and]  *  that  the  Ballance  ccxivin./ieg. 
thereof  being  nineteen  pounds  three  shillings  and  two  pence  the  nail^ppl^is.'si, 
said  Treasurer  be  accountable  to  the  said  County  for.     [Passed  *2- 
Ju7ie  10. 


CHAPTER    39. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE   ON  THE  PET**  OF  MIDDLE- 
BOROUGH  FIRST  PRECINCT. 

The  Committee  to  whom  was  referr'd  the  Petition  of  the  first  Legislative 
Precinct  in  Middleborough,  [ante,  p.  191,  chap.  64]  having  repaired  councif.xx!, ^ 
to  said  Middleborough,  heard  the  Petitioners  &  considered  their  Cir-  ArcWves^^" 
cumstances,  do  report  as  our  Opinion  that  the  two  Easterly  Precincts  cxyi.,716.' 
in  said  Middleborough,  be  reunited  into  one  Precinct  to  all  Intents  Mass. 
&  Purposes,  as  they  were  at  the  Death  of  the  late  Rev^  M''  Peter  ^xvi^Itis! 
Thatcher,  or  before  their  Division,  into  two  Precincts  by  the  Gen-  ^.fi"^®  5° '^'■' 
eral  Court;  Saving  the  Inhabitants  of  the  Precinct  whereof,  the  ^We, p.igi, 
Eev^  M^  Thomas  Weld  was  late  Pastor  shall  have  full  Power  &  chap.64. 
Authority  to  raise  such  Sums  of  Money  on  themselves,  and  assess 
their  Inhabitants  for  the  same,  as  may  be  necessary  to  pay  the 
just  Debts  of  the  said  Precinct  to  this  Time,  as  also  to  sue  for  any 
Debts  due  to  said  Precinct,  and  to  raise  such  Sums  of  Money  as 
may  be  necessary  to  defend  any  Law  Suits  that  are  or  may  be  com- 
menced against  them,  as  a  Precinct;  and  that  one  Years  time  be 
allowed  to  said  Precinct  to  settle  their  Accompts  &  no  more,  sav- 
ing only  where  any  Law  Suits  are  or  may  hereafter  be  commenced 
against  them ;  or  they  may  be  obliged  to  commence  any  Law  Suit 
in  Order  to  recover  any  Moneys  that  may  be  due  to  them  as  a  Pre- 
cinct;    And  that  for  the  future  the  Minister  for  the  Time  being 
of  the  said  Precincts  thus  united  enjoy  the  whole  Benefit  of  the 
Parsonage  or  Ministerial  Lands  that  lay  in  both  Precincts,  for  the 
Use  of  the  Ministry,  and  that  the  Polls  and  Estates  of  the  whole  be 
taxed  to  the  Support  of  the  Rev'^  M""  Sylvanus  Conant,  the  present 
Minister  and  to  his  Successors  in  the  Ministry  in  said  Precinct,  and 
to  all  Precinct  Charges,  saving  such  Persons  as  are  hereafter  ex- 
cepted ;  And  whereas  there  are  a  Number  of  Persons  in  said  Pre- 
cinct very  desirous  of  attending  the  publick  Worship  in  some  of 
the  Neighbouring  Congregations.     We  are  further  of  Opinion,  for 
the  healing  the  Divisions  that  are  as  yet  unhappily  subsisting  among 
them,  that  so  long  as  Capt  Joel  Ellis,  Benjamin  Churchill,  Thomas 
Ellis,  Perez  Churchill,  Benjamin  Churchill  jun',  Peter  Tinkam,  Nehe- 
miah  Bennet,  Jacob  Thompson,  Deacon  Sam'  Barrow,  Combes  Bar- 
row, James  Palmer,  Samuel  Fuller  &  Hester  Benet  shall  generally 
attend  the  publick  Worship  of  God  in  the  second  Precinct  in  Plymp- 
ton ;  and  that  so  long  as  Joshua  Benson,  Rowland  Benson,  Elnathan 
Benson,  Ezra  Muxam  &  Charles  West  shall  generally  attend  the  pub- 
lick Worship  of  God  of  God  *  in  Warham,  and  that  so  long  as  that 
John  Read,  Thomas  Dogget,  Rodolphus  Elmes  &  William  Read  shall 
generally  attend  the  publick  Worship  of  God  in  the  second  Precinct 
in  Middleborough,  and  that  so  long  as  that  Jacob  Bennet  shall  gen- 
erally attend  the  publick  Worship  of  God  in  the  third  Precinct  in 
Rochester,  and  shall  produce  Certificates  from  either  of  the  Deacons 

*  Inserted  from  Legislative  Records  of  the  Council,  xx.,  470. 
=>  Sic. 


342 


Province  Laws  (Besolves,  etc.).  — 1755-56.     [ Chap .  40 . ] 


of  the  Churches  in  said  Towns  or  Precincts,  or  from  the  respective 
Town  or  Precinct  Clerks,  that  they  do  so  attend,  to  the  Treasurer 
of  the  said  united  Precinct  in  Middleborough,  said  Treasurer  shall 
pay  to  the  Minister  of  said  Town  or  Precinct  where  said  Persons 
attend  the  publick  Worship  as  aforesaid,  the  respective  Sums  such 
Persons  are  taxed  from  time  to  time  in  said  Precinct  in  Middleboro 
towards  the  Support  of  the  Minister  there;  and  that  all  such  Per- 
sons as  hereby  have  Liberty  to  attend  the  publick  Worship  of  God 
in  the  aforesaid  Congregations,  shall  have  no  Liberty  to  vote  or  act 
in  any  Affairs  in  said  united  Precinct  in  Middleboro,  neither  shall 
their  Polls  or  Estates  be  taxed  in  said  Precinct,  for  any  Precinct 
Charges,  saving  only  for  the  Support  of  the  Minister,  so  long  as 
they  continue  to  attend  the  publick  Worship  in  other  Congrega- 
tions, and  produce  Certificates  as  aforesaid :  And  that  these  Pre- 
cincts thus  united  shall  be  stiled  &  accounted,  as  it  originally  was, 
the  first  Precinct  in  Middleborough. 

And  we  are  further  of  Opinion,  that  if,  by  Means  of  the  Min- 
isters of  the  several  Towns  and  Precincts  receiving  of  the  Treas- 
urer of  the  said  first  Precinct  in  Middleborough,  the  Sums  that 
the  Persons  before  mentioned  shall  be  respectively  taxed  from  time 
to  time,  for  the  Support  of  the  Minister  in  the  said  first  Precinct, 
there  should  any  Deficiency  happen  in  the  Sum  agreed  upon  for 
his  Salary,  that  the  Assessors  for  the  time  being  for  said  Precinct 
be  directed  &  impowered,  in  their  Assessing  the  Inhabitants  from 
time  to  time  to  assess  them  a  sufficient  Sum  to  make  good  such 
Deficiency.  Which  is  humbly  Submitted. 

George  Leonard  ) 
Dated  at  Middleborough,  May  8. 1755.  Tho«  Foster  [  Com'^^ 

Tho«  Clap  ) 

Read  and 

Ordered  that  this  Report  be  Accepted  and  that  the  Charge  of  the 
Committee  being  Four  Pounds  eleven  shillings  be  born  by  the  first 
Precinct  in  Middleborro  as  now  reunited.     [Passed  June  10. 


CHAPTER    40. 


ORDER  ALLOWING   £3.  4.   TO   JON-*^  NUTTING. 


Legislative 
Records  of  the 
Council,  XX., 
472.    Mass. 
Archives, 
lxxiv.,433. 

Mass. 
Archives, 
Ixxiv.,  433. 
House  Jour- 
nal, pp.  45, 48. 


A  Petition  of  Jonathan  Nutting,  late  a  Soldier  at  Fort  Halifax, 
Praying  that  this  Court  would  allow  him  out  of  the  publick  Treas- 
ury the  Charges  of  his  Sickness  contracted  while  he  was  in  the  pub- 
lick Service  as  aforesaid. 

Read  and 

Ordered  That  the  Sum  of  three  pounds  four  Shillings  be  allowed 
and  paid  out  of  the  Public  Treasury  to  the  Petitioner  or  his  Order 
in  full  Satisfaction  for  the  Charges  necessarily  expended  in  his  Sick- 
ness therein  mentioned.     [Passed  June  10. 


[1st  Sess.]     Province  Laws  (Besolves,  etc.),  — 1755-56.  343 


CHAPTER    41. 

VOTE  REQUESTING  THE  CAPT  GENERAL  TO  DECLARE  WAR  AGAINST 
THE  ARASAGUNTACOOK  INDIANS  AND  ALL  OTHER  TRIBES  OF 
INDIANS  EAST  OF  THE  PISCATAQUA  RIVER  EXCEPT  THE  PENOBSCOT 
TRIBE,  TO  NEGOCIATE  WITH  THE  PENOBSCOT  TRIBE,  TO  ESTABLISH 
BOUNTY  FOR  PRISONERS  AND  SCALPS  AND  TO  PROVIDE  FOR  THE 
DEFENCE    OF    THE    EASTERN    AND    WESTERN    FRONTIERS. 

Voted,     That  His  Excellency  the  Captain  General  and  Governour  Legislative 
be  desired  immediately  to  declare  War  against  the  Arasaguntacook  oounctf  xx!^^ 
Tribe  of  Indians,  and  all  other  the  Tribes  of  Indians  eastward  &  473.  Mass. 
northward  of  Piscataqua  Eiver,  the  Penobscott  Tribe  only  excepted,  ixxiv.,  U7. 


That  His  Excellency  be  desired  to  inform  said  Penobscott  Tribe,  Mass. 
that  this  Government  is  sincerely  desirous  to  maintain  Peace  and  ^^^^Le^'ishT^"' 
Amity  with  them,  and  to  take  into  their  Pay  and  Subsistence  all  tive  Records  of 
such  of  their  Tribe  as  are  able  body'd  effective  Men,  capable  of  x*x.,^^58"*/s!' 
bearing  Arms,  and  will  act  offensively  with  us,  against  those  Tribes  ^ai*^^,*^ '^4y"52 
of  Indians,  who  in  the  most  audacious  and  perfidious  Manner,  have  53,  k.  'prov- 
violated  their  solemn  Treaties  of  Peace  with  us;  and  upon  which,  ^iv^agsy^' 
by  all  the  Treaties  now  subsisting  between  us  and  the  Penobscott  ^•'^^p-  Jf^g^^ 
Tribe,  they  are  obliged  to  take  up  Arms  as  aforesaid :  And  that  upon  chap!  36i. 
their  so  Doing  this  Government  will  at  their  own  Charge  take  Care 
of,  and  support  their  Invalids,  Women  and  Children,  if  they  will 
come  amongst  Us,  and  put  themselves  under  our  Protection. 

That  for  the  Defence  of  the  Eastern  Frontiers,  a  Marching  Army 
be  raised  by  Inlistment,  consisting  of  Three  Hundred  Men,  exclu- 
sive of  Officers;  that  they  be  constantly  employ'd  in  Scouting,  and 
that  their  Destination  be  as  follows- 

That  Fifty  Men  be  employ'd  in  Scouting  from  Lebanon  to  Saco 
Eiver ;  Sixty  Men  from  Saco  Eiver  to  New  Boston,  by  the  Way  of 
Pearson,  and  Hobbs  Town  and  New  Glocester,  ninety  Men  from 
New  Boston  to  Franckfort ;  One  Hundred  Men  from  Franckfort  to 
the  Truck  House  on  S*  George's  Eiver. 

That  the  Pay  for  the  Officers  and  Soldiers  be  the  same  as  is  now 
established  for  the  Officers  and  Soldiers  in  the  intended  Expedition 
against  Crown  Point,  and  the  Subsistence  the  same,  as  was  allowed 
to  marching  Forces,  during  the  last  War,  and  a  Bounty  of  Three 
Dollars  be  given  to  each  Soldier  that  may  inlist,  and  find  his  own 
Gun. 

That  the  following  Bounty  be  granted  and  allowed,  to  be  paid 
out  of  the  Publick  Treasury  over  and  above  the  Encouragement 
aforesaid ; 

For  every  male  Indian  Prisoner  above  the  Age  of  Twelve  Years, 
that  shall  be  taken  and  brought  to  Boston,  Fifty  Pounds. 

For  every  male  Indian  Scalp  brought  in  as  Evidence  of  their 
being  killed.  Forty  Pounds. 

For  every  Female  Indian  Prisoner  taken  and  brought  in  as  afore- 
said, and  for  every  male  Indian  Prisoner  under  the  Ago  of  Twelve 
Years  taken  and  brought  in  as  aforesaid,  Twenty-five  Pounds. 

For  every  Scalp  of  such  Female,  or  male  Indian  under  twelve 
Years  of  Age,  brought  in  as  Evidence  of  their  being  killed  as 
aforesaid,  Twenty  Pounds. 

That  there  be  but  two  Commission  Officers,  Viz*  a  Captain  and 
Lieutenant  to  a  Company  of  not  less  than  Forty  five  men;  that  the 
Establishment  be  for  Five  Months,  to  Commence  from  the  Twen- 


344 


Province  Laws  (Hesolves,  etc.).  — 1755-56.     [Chap.  42.] 


tieth  Day  of  June  Instant  and  no  longer;  That  the  Pay  and  Sub- 
sistance  of  the  Soldiers  that  may  be  inlisted  as  aforesaid  commence 
upon  the  Day  of  their  Inlistment,  and  that  an  Establishment  be 
made  accordingly. 

Also 

Voted,  That  Fort  Hallifax,  and  the  Store  House  at  Cushnoc  be 
garrison'd  with  Eighty  Men  and  no  more. 

Fort  at  Brunswick  five  men  and  no  more. 

Fort  Frederick  at  Pemaquid,  with  Twenty  Men  and  no  more. 

The  Truck  House  at  S*  George's  with  Forty  three  Men  and  no 
more. 

The  Truck  house  at  Saco  with  Fifteen  Men  and  no  more. 

Also 

Voted,  That  Richmond  Fort  is  of  no  Service  for  the  Defence  of 
the  Eastern  Country,  and  therefore  that  the  Captain  General  be 
desired  to  dismantle  the  same,  and  give  Orders  for  the  Removal  of 
the  Province  Stores  which  are  there;  And  that  His  Excellency  the 
Captain  General  be  desired  to  give  Orders  that  all  those  Men  who 
were  impressed  to  guard  the  Province  Stores  up  to  Fort  Hallifax 
be  dismissed  upon  their  having  performed  that  Service. 

And  for  an  Additional  Security  to  the  Western  Frontiers, 

Voted,  that  there  be  Four  Men  at  Fort  Dummer  and  no  more. 

At  Fort  Massachusetts,  Forty  Men  and  no  more. 

At  Pontoosuck,  Eleven  Men  and  no  more. 

For  the  three  Garrisons  at  Charlemont,  Twenty  four  Men  and 
no  more. 

At  the  three  Garrisons  at  Colarain,  Twenty  four  men  and  no 
more. 

At  the  two  Garrisons  at  Fall  Town  Fourteen  Men  and  no  more. 

At  Northfield  and  Greenfield,  Twenty  Men  and  no  more. 

And  that  the  Pay  of  the  Officers  and  Soldiers  in  the  several  Forts 
and  Garrisons  be  the  same  as  was  provided  by  the  last  Establishment 
made  for  said  Forts  and  Garrisons. 

And  that  if  in  the  Judgment  of  the  Captain  General,  he  shall 
hereafter  find  it  necessary  that  there  be  a  Number  of  Men  employ'd 
in  Scouting  between  the  Rivers  of  Connecticut  and  Merimack,  that 
he  be  desired  to  raise  Thirty  Men  by  Inlistment,  and  destine  them 
there  for  that  Purpose,  for  the  Time  aforesaid,  and  that  the  same 
Pay,  Subsistance  and  Bounty  be  allowed  them,  as  are  allowed  to 
the  marching  Forces  proposed  to  be  raised  on  the  Eastern  Fron- 
tier; and  that  an  Establishment  be  made  accordingly.  [Passed 
June  10.^ 


CHAPTER    42. 


ORDER  ACCEPTING  RE?ORT  OF  COMMITTEE  FOR  FARMING  EXCISE  FOR 
THE  COUNTY  OF  PLYMOUTH  AND  ALLOWING  £6.  5.  11  FOR  THE  EX- 
PENSE THEREOF. 


LegiBiative  ip-^j,  QoMMiTTEE  appointed  to  farm  out  the  Excise  on  Spirituous 

Recoras  of  the    _  .  ,        .        ■,       r  «  t^i  ii  ji,ii,ii      iij 

Council, XX.,     Liquors  &c^  111  the  County  oi  Plymouth,  reported  that  they  iiad  let 
472.  Mass.       ^^^^  ^i^g  g^j^g  ^Q  ^jr  getj^  Bryant  for  £330."  and  have  taken  his  Bond 

'  This  date  is  according  to  Mass  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  June  11. 

*  For  the  year  1754-55.     See  the  House  Journal,  p.  11. 


[1st  Sess.]     Province  Laws  {Resolves^  etc.).  — 1755-56.  345 

with  Sureties  &  lodged  it  with  the  Province  Treasurer,  their  Acco*  ^b?"^^^^^'  ^'^''•' 

of  Charge  being  £6.5.11.  '      ^^^^ 

Read  &  Accepted,  and  Archives,  cxx. 

Ordered^  That  the  Sum  of  Six  pounds  five  Shillings  and  eleven  jo''uriSi*"rii. 
pence  be  allowed  &  paid  out  of  the  publick  Treasury  to  the  Said  ^^u,  p/242, 
Com*^®  for  that  service  &  in  discharge  of  their  Account.     \Pa88ed  ^  ^^^' 
June  11. 


CHAPTER    43. 

ORDER  DIRECTING  THAT  GEO.   HARRINGTON  AND   ASSOCIATES  REMAIN 
ANNEXED   TO   THE   DISTRICT   OF   SPENCER. 

A  Petition  of  George  Harrington  for  himself  &  his  Associates,  Legislative 
shewing  that  by  Order  of  the  General  Court  they  were  set  off  from  councif  x*x*.''^ 
the  Town  of  Brookfield  to  the  District  of  Spencer,  where  they  have  4V2.  Mass. 
done  Duty  in  all  Respects,  notwithstanding  which  the  third  Precinct  514,  sis.  '     '' 
in  Brookfield  have  taxed  them  to  the  Charge  of  that  Precinct,  Pray-  Mass. 
ing  for  Relief  from  this  Court:  ^s?*" House''"' 

The  Committee  To  whome  was  Refered  the  Memorial  of  George  Journal,  pp.  51, 
Harrington  in  behalfe  of  him  Self  and  his  asociates  having  Con-  p?42|"chap.'9b. 
sidered  the  Same,  find  the  Facts  therein  Set  forth  to  be  true,  and 
having  made  Strict  Inquiry,  we  find  That  the  Committee  appointed 
by  this  Court  to  Repair  to  the  Town  of  Brookfeild  in  the  year  1754, 
To  View  There  circomstances  and  Reporte,  Did  Xot  View  that  Part 
of  the  Town  of  Brookfield  Which  was  Set  off  and  annexed  to  the 
Distrect  of  Spencer,  Neither  did  they  Supi^ose  that  the  Memorielest 
or  his  Asociates  were  Set  Back  from  the  Distrect  of  Spencer  to  the 
third  preceinct  in  Brookfield ,  The  Committee  are  therefore  of  Opinion 
that  the  prayer  be  So  far  Granted  that  the  Said  George  Harrington 
and  his  asociates  Remain  to  the  Distrect  of  Spencer  as  fully  as  if 
No  Division  had  been  made  in  the  Town  of  Brookfield  all  which  is 
Humbley  Submitted 

Samuel  Livermoke  <g>''  order 

Read  and  Whereas  it  appears  to  this  Court  that  the  Com*^®  ap- 
pointed to  Repair  to  the  Town  of  Brookfield  in  order  to  a  Division 
thereof  into  separate  Precincts,  did  not  view  that  part  of  said  Town 
where  the  Memorialist  &  his  Associates  dwell,  and  had  No  Appre- 
hension of  their  being  set  back  from  the  district  of  Spencer  (they  at 
that  time  belonging  thereto)  to  the  s'^  third  precinct  in  Brookfeild: 

Therefore 

Ordered  that  the  Prayer  thereof  be  so  far  granted  as  that  the  said 
George  Harrington  »&  his  Associates  mentioned,  remain  annexed  to 
the  said  District  of  Spencer  as  fully,  and  to  all  intents  and  purposes 
as  if  no  Division  had  been  made  of  Said  Town  of  Brookfield  into 
seperate  Precincts,  any  thing  in  the  Act  for  said  Division  passed 
this  Court  the  last  year  Notwithstanding.     \^Pa88ed  Jv.ne  11. 


346 


Province  Laws  {Resolves^  etc. ) .  — 1755-56.     [Chaps.  44-46.] 


CHAPTER    44. 


Legislative 
Records  of  the 
Council,  XX., 
473.    Mass. 
Archives,  xxi., 
296. 

Maes. 

Archives,  xxi., 
294.    House 
Journal,  pp.35, 
39,  54,  55,  61,  62, 
63. 


VOTE  CHOOSING  JOHN  SHARPE,  ESQ^  AGENT  AT  THE  COURT  AT  GREAT 

BRITAIN. 

This  day  being  appointed  for  the  Choice  of  an  Agent  at  the 
Court  of  Great  Britain  in  the  Eoom  of  William  Bollan  Esq"  who 
has  resigned  the  Votes  being  Sorted  and  Counted  it  appear'd  that 
John  Sharpe  Esq''  was  Chosen  by  a  Major  Vote  of  the  Council  and 
Eepresentatives.     \_Passed  June  11. 


CHAPTER    45. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  THE  LETTER  OF  JOSIAH 

REAL. 


Legislative 
Records  of  the 
Council,  XX., 

474.    Mass. 
Archives,  Ixv., 
92. 

Mass. 

Archives,  Ixv., 
90.    Legisla- 
tive Records  of 
the  Council, 
XX.,  470. 
House  Jour- 
nal, pp.  47, 61. 


The  Committee  to  whom  was  referr'd  a  Letter  from  Josiah  Beal 
to  the  Captain  General  for  their  Consideration  of  the  same,  beg 
Leave  to  report  that  they  are  unanimously  of  Opinion  that  it  will 
not  consist  with  the  Safety  of  the  Government,  in  the  present  Con- 
juncture of  Affairs,  to  permit  the  said  Beal  to  proceed  to  Sea  in 
the  Vessel  he  now  Commands  or  in  any  other  for  two  Months  next 
Coming,  and  that  therefore  the  Captain  General  be  desired  to  take 
effectual  Measures  to  prevent  the  same  at  all  Events :  All  which 
is  humbly  submitted : 

Per  John  Greenleaf  per  Order. 

Eead  & 

Ordered  that  this  Eeport  be  accepted.     \^Passed  June  11. 


CHAPTER    46. 

ORDER  IMPOWERING  ELIZ^  PATTEN,  ADM^,  TO  SELL  REAL  ESTATE  AND 
MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 


Legislative 
Records  of  the 
Council,  XX., 
475.    Mass. 
Archives,  xix., 
299. 

Mass. 

Archives,  xix., 
300.    House 
Journal,  pp.  38, 
57,  63. 


A  Petition  of  Elizabeth  Patten  Administ^  of  the  Estate  of  John 
Patten  late  of  Tewksbury  dec^  shewing  that  there  is  a  considerable 
Debt  lying  upon  the  said  Deceased's  Estate  beyond  what  the  Per- 
sonal Estate  will  discharge;  And  praying  that  the  whole  real  Estate 
may  be  sold  as  being  best  for  the  Children. 

Eead  and 

Ordered,  That  the  Pef  in  her  said  Capacity  of  Admin^  be  and 
hereby  is  fully  impowered  to  make  Sale  of  The  Buildings  and  Land 
in-the  Pet"^  mentioned  for  the  most  the  same  will  fetch,  and  to  make 
and  execute  a  good  Deed  or  Deeds  of  the  same;  Provided  That  she 
give  sufficient  Caution  to  the  Judge  of  Probate  for  the  County  of 
Worcester,  That  the  Overjalus  Money  arising  by  Said  Sale  (after  the 
Just  Debts  due  from  the  s^  Estate  are  paid,  and  the  Widow's  Dower 
secured  to  her)  be  distributed  to  and  among  the  Children  &  the  legall 
representatives  of  the  said  John  Patten  deceased.  According  to  Law, 
two  thirds  thereof  upon  the  Settlement  of  said  Estate,  and  the  other 
third  at  her  decease.     \^Passed  June  12. 


[1st  Sess.]     Province  Laws  {Besolvesy  etc.).  — 1755-56.  347 


'       CHAPTER    47. 

TOTE   ESTABLISHING  WAGES  OF  OFFICERS  AND  SOLDIERS  ON  EASTERN 
AND   WESTERN   FRONTIERS. 

Voted,  That  the  Establishment  for  Wages  of  the  Officers  &  Sol-  ^^^^^^^^ 
diers  and  Centinels  for  the  Eastern  &  Western  Frontiers  be  as  fol-  ixx-iv.,45'6. 
lows,  for  a  term  not  exceeding  five  months :     Viz*^  House  Jour- 

nal,  pp.49,6-2. 

Ante,  p.  343, 
For  a  Captain  of  the  Marching  forces    ....     £4.  16.     0  i>  Month  chap.  41. 

For  one  Lieutenant         ...  «       .      «        ^ 


For  three  Sergeants  each 

For  two  Corporals  each 

For  a  Centinel 


3.     4.  0  D« 

1.  14.  1.  Do 

1.    9.  10.  D" 

1.     6.  8.  D» 


And  for  the  Garrison  Officers  and  Soldiers,  for  a  Term  not  exceed- 
ing Six  Months,  as  follows:     Viz'' 

For  a  Captain £4.     0.     0.  P  month 

For  one  Lieutenant 3.     0.     0.        D° 

For  a  Sergeant     to  twenty  men 1.  10.     0.        D" 

For  a  Clerk 1.  10.     0.        D° 

For  a  Corporal     to  Twenty  men 1.  10.     0.        D" 

For  a  Drummer 1.    8.    0.        D" 

For  a  Centinel 1.     4.    0.        D" 

For  an  Armourer  at  the  Westward        .         .         .         .  3.  -0.     0.        D° 

And  that  the  same  allowance  be  made  for  their  Subsistence  as 
has  been  heretofore  made  for  Marching  and  Garrison  Soldiers. 
[Passed  June  12. 


CHAPTER    48. 

VOTE  DISTRIBUTING   THE   TEMPORARY   LAAVS  OF  THE  PROVINCE.         Legislative 

Records  of  the 

1  .      1         -Ar  1  i>      1  /^  in  1  Council,  XX., 

Voted  That  each  ol  the  Members  oi  the  present  General  Court  who  476.  Mass. 
did  not  belong  to  the  Gen'  Court  the  last  Year,  shall  be  intitled  to  the  xnx^lsl' 
Temporary  Laws  of  this  Province,  at  the  public  Charge.     [Passed  House  Jour 

chap.  346. 


CHAPTER    49. 

ORDER  ALLOWING   £13.  13.  4  TO   SARAH  FOX,  ADM^. 

A  Petition  of  Sarah  Fox,  Widow  &  Administratrix  of  John  Fox  Legislative 
late  of  Littleton  dec*^  shewing  that  her  Husband  being  in  the  pub-  ^ouncff  xx'^'^^ 
lick  Service  in  the  Expedition  on  Kennebeck  River,  contracted  a  479.  Mass. "' 
Sickness  that  proved  Mortal,  Praying  for  Payment  of  his  Sickness  ^g^^  "^^^' ^'^•« 
&  Funeral  Charges  out  of  the  publick  Treasury.  m^^^ 

Read  &  ^^^Hotlse  ^■' 

Ordered  That  the  Prayer  of  this  Pet°  be  so  far  granted  as  that  Journal, 
there  be  paid  out  of  the  Public  Treasury  to  the  Pef  the  sum  of  pp-^^'^*- 
thirteen  Pounds  thirteen  shillings  and  four  pence  in  full  discharge 
of  the  Acco*^  therewith  exhibited.     [Passed  June  IS. 


348 


Province  Laws  {Resolves,  etc.).  — 1755-56.    [Chaps.  50-52.] 


CHAPTER    50. 


ORDER  ALLOWING   £14  TO  ICHABOD  LEONARD. 


Legislative 
Records  of  the 
Council,  XX., 
479.    Mass. 
Archives, 
Ixxiv.,  426. 

Mass. 
Archives, 
Ixxiv.,  425,  426. 
House  Jour- 
nal, pp.  57,70. 


A  Petition  of  Ichabod  Leonard  late  a  Soldier  in  the  Expedition 
upon  Kennebeck  Eiver,  praying  that  the  Charges  of  his  Sickness 
contracted  by  the  Hardships  he  endured  in  that  Service,  may  be 
paid  out  of  the  publick  Treasury. 

Eead  and 

Order''cl  that  the  Prayer  of  this  Pet°  be  so  far  granted  as  that 
there  be  allowed  and  paid  out  of  the  Public  Treasury,  to  the  Pef 
the  sum  of  fourteen  Pounds,  towards  enabling  him  to  pay  the  Doc- 
tor's Bill  therewith  Exhibited.     \^Passed  June  13. 


CHAPTER    51. 


ORDER  ALLOWING  £9.3.2  TO  JOHN  FOX. 


Legislative 
Records  of  the 
Council,  XX., 
480.    Mass. 
Archives, 
Ixxiv.,  332. 

Mass. 
Archives, 
Ixxiv.,  332. 
House  Jour- 
nal, pp.  41, 65. 


A  Petition  of  John  Fox  late  a  Soldier  in  the  Expedition  upon 
Kennebeck  River,  Praying  that  he  may  be  allowed  out  of  the  pub- 
lick  Treasury  the  Charge  of  his  Sickness  contracted  by  his  Hard- 
ships endured  in  that  Service, 

Bead  And 

Ordered  That  the  prayer  of  this  Petition  be  so  far  granted  as  that 
there  be  paid  out  of  the  Public  Treasury  of  this  province  to  the  said 
John  Fox  the  sum  of  nine  pounds  three  shillings  and  tAvo  pence  in 
full  discharge  of  the  Acco*  therewith  exhibited.     [^Passed  June  13. 


CHAPTER    52. 


VOTE  desiring  THE   CAPf  GENERAL  TO   ORDER    THE    DELIVERY    OF 
POWDER  FOR  THE  CROWN  POINT  EXPEDITION. 


Legislative 
Records  of  the 
Council,  XX., 
480. 

Legislative 
Records  of  the 
Council,  XX., 
468.    House 
Journal,  p.  68. 
Ante,  p.  294, 
chap.  321; 
p.  296,  chap. 
325. 


A  Memorial  of  the  Committee  of  War  for  the  Expedition  to 
Crown  Point,  shewing  that  they  have  not  been  able  to  purchase 
any  Gun  Powder,  nor  have  any  Prospect  of  doing  it  soon,  (all  at 
the  Market  having  been  bought  up  for  the  Expedition  to  Nova 
Scotia,)  and  New  Hampshire  &  Connecticut  Governments  depending 
in  a  great  Measure  upon  this  Province  to  be  furnished  here ;  There- 
fore, praying  that  the  Memorialists  may  be  impowered  to  take  one 
hundred  Barrells  out  of  the  publick  Magazines  Read  & 

Voted  that  his  Excellency  the  Captain  General  be  desired  to  give 
Orders  that  Two  hundred  Barrells  of  Powder  be  delivered  out  of 
the  Magazines  of  this  Province  to  the  Committee  of  AYar,  in  order 
to  their  being  transported  to  Albany  for  the  Use  of  the  Forces  em- 
ployed on  the  Exped"  to  Crown  Point.     \^Passed  June  13. 


[1st  Sess.]     Province  Laws  {Resolves^  etc.).  — 1755-56.  349 


CHAPTEK    53. 

VOTE  ALLOWING  BOUNTY  FOR  SCALPS  AND   CAPTIVES  ON  THE  WEST-  Legislative 

ERN   FRONTIERS.  Kecords  of  tlie 

COUUCll,  XX., 

481.    Mass. 

Voted  that  the  Same  bounty  for  Indian  Scalps  and  Captives  be  bc^xiv.^458. 

allowed  to  the  forces  on  the  AVestern  Frontiers  as  is  allowed  to  the  -^^^^^  ' 

Forces  on  the  Eastern  Frontiers  Arciiives, 

Also  that  the  same  Bounty  be  allowed  to  all  Persons  who  are  House'jour- 
Inhabitants  of  this  Province  that  shall  Captivate  or  kill  any  Indian  ^nie'?,'l%'^' 
Enemy,  and  shall  produce  such  Indian  or  Scalp  in  Evidence.    [Passed  chap!  4i. 
Ju7ie  14. 


CHAPTEK    54. 

RESOLVE   THAT    300    OF    THE    1,500    MEN    RAISED    FOR    CROWN    POINT 
EXPEDITION  BE   USED  IN  THE  NIAGARA  EXPEDITION. 

Resolved  That  three  hundred  of  the  fifteen  hundred  Men  raised  R®*^'®'f "^^  ^h 
by  this  Province  for  the  Expedition  to  Crown  point  be  allowed  council,  xx., 
(if  they  Voluntarily  inlist)  to  proceed  with  the  forces  destined  to  Archi^^es^,^' 
Niagara:     Provided  that  the  Enlistment  of  the  other  twelve  hun-  ixxiv., 457. 
dred  men  to  be  raised  by  this  Province  be  Compleated :  Pro-  Legislative 

vided  also  that  the  said  three  hundred  Men  be  transported  and  councif,  xx.,^ 
subsisted  without  any  Expence  to  this  Province,  And  shall  be  dis-  jo^urnai,pp"7T 
missed  at  the  End  of  Eight  Months  from  their  Inlistment :         Pro-  "5, 76, 78. 
vided  also  that  the  full  Number  of  three  thousand  seven  hundred  ciTap'.sk,  ' 
Men  agreed  upon  to  be  raised  by  the  several  Governm*®  appear  upon 
the  Muster  at  Albany  for  the  Expedition  to  Crown  point  and  are 
Ordered  to  that  Service.     [Passed  June  14. 


CHAPTEK    5^. 

VOTE  ALLOWING  BOUNTY  FOR  L5   VOLUNTAS  ON  Y^  WEST^  FRON- 
TIERS. 

Voted  that  there  be  an  Addition  of  fifteen  Men  for  the  service  Legislative 
of  the  Western  Frontiers  to  be  employed  as  the  Cap*^  Gen'  shall  councff  xx'""^ 
Order     And  that  to  prevent  an  Impress  there  be  a  Bounty  of  three  ^si-  Mass. '' 
Dollars  ^  Man  allowed  to  each  Man  that  finds  his  own  Gun  the  it^xi^'.l452. 
Money  to  be  paid  into  the  Hands  of  Israel  Williams  Esq'  for  that  Ante,  p.  343, 
Service  He  to  be  accountable.*     [Passed  June  14.  chap'.4i. 


CHAPTEK    5Q. 

RESOLVE  ALLOWING  BOUNTY  FOR  15  MEN  AT   FORT    MASSACHUSETTS.  Legislative 

Records  of  the 

Resolved  That  in  Order  to  prevent  an  Impress  of  Men  there  be  482"°Ma8s^■' 
a  bounty  of  three  Dollars  per  Man  allowed  to  fifteen  men  who  shall  b^xfv.Ilsi. 
inlist  for  fort  Massachusetts,  and  find  their  own  Gun,  the  said  fif-  House' .lour- 

*  Not  found  in  the  House  JournaL  ' 


350 


Province  Laws  {Resolves^  etc.).  — 1755-56.     [Chaps,  57-59.] 


Province  ^6611  Men  beiuff  part  of  the  Forces  already  allowed  on  the  Western 

Laws,   111.,  948,  .  mlTl/  •T-,11  T  P      T  ^       TTr-lT 

note.  Supra,  frontier:  The  Money  to  be  paid  into  the  hands  oi  Israel  Williams 

chap.  55.  -gg^r  ^^^  ^Yiox  service  he  to  be  Accountable.     [^Passed  June  14, 


CHAPTEE    57. 


ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  PAY  ELKANNAH 
PARRIS  WAGES  DUE  HIM  ON  CAP^  ELISHA  CHAPINS  MUSTER  ROLLS, 
AND  TO  SUE  SAID   CHAPIN  FOR  AMOUNT  THEREOF. 


Legislative 
Records  of  the 
Council,  XX., 
48-2.    Mass. 
Archives, 
lxxIv.,4-27. 

House  Jour- 
nal, pp.  9, 10, 13. 


A  Petition  of  Elkanah  Paris  a  Soldier  at  Fort  Massachusetts, 
ComiDlaining  against  Capt  Elisha  Chapin  (the  former  Commander 
there)  that  he  has  receiv'd  the  Petitioners  Wages  upon  several 
Muster  Polls  out  of  the  Treasury  &  refusus  to  repay  him  the  same, 
Praying  for  Relief  from  this  Court. 

Read  & 

Ordered,  That  the  Province  Treasurer  be  directed  to  pay  the  Pef 
whatever  Sums  of  Money  may  be  due  to  him  on  Cap*  Elisha  Chapin's 
Muster  Rolls;  And  Also  that  he  be  directed  to  sue  the  said  Elisha 
Chapin  for  the  same.     \^Passed  Jiine  14. 


CHAPTEE    58. 


Legislative 
Records  of  the 
Council,  XX., 
137, 482.    Mass. 
Archives, 
Ixxiv. ,144a. 

Mass. 
Archives, 
Ixxiv.,  144,145. 
Legislative 
Records  of  the 
Council,  XX., 
137.    House 
Journal, 
pp.  130,  144 
(December, 
1753) ;  p.  49. 


ORDER  ALLOWING  13/4  AND   A  GUN  TO  JOS.   MUNROE. 

A  Petition  of  Joseph  Munroe  of  Billerica,  shewing  that  in 
receiving  the  Wages  due  for  the  Service  of  his  Son  Amos  Munroe, 
a  Soldier  in  the  late  Expedition  to  Cape  Breton  (now  dec*^)  £10. 
Old  Tenor  was  defalcated  for  a  Province  Gun  lent  him  &  supposed 
not  to  be  returned;  but  for  as  much  as  he  finds  the  said  Gun  was 
returned  as  appears  by  the  Commissary  General's  Certificate,  Pray- 
ing that  he  may  receive  the  Money  stop'd  out  of  said  Wages. 

Read  & 

Ordered  That  this  Pet"'  be  rivived ;  And  That  the  Prayer  thereof 
be  so  far  granted  as  that  there  be  allowed  and  paid  out  of  the  Public 
Treasury  to  the  Pef  the  sum  of  thirteen  shillings  and  four  pence ; 
and  Also  that  the  Comissary  General  be  directed  to  deliver  to  the 
Pef  one  of  the  province  Firelocks.     \Passed  June  14. 


CHAPTEE    59. 


Legislative 
Records  of  the 
Council,  XX., 
482.    Mass. 
Archives, 
cxvii.,  23. 

Mass. 
Archives, 
cxvii.,  19-21. 


ORDER  ERECTING  EBENEZER  SHERWIN    AND    OTHERS    OF    THE    TOWN 
OF  DUNSTABLE  WITH  THEIR  ESTATES,   INTO  A  PRECINCT. 

A  Petition  of  John  Sherwin  &  Ebenezer  Kendal,  for  themselves 
&  a  Number  of  others.  Inhabitants  of  the  Town  of  Dunstable,  pray- 
ing that  the  Inhabitants  of  Nottingham  &  Dracut,  that  have  appeared 
to  join  with  them  in  the  Settlement  of  a  Minister  may  be  turned  ofE 
from  them,  and  that  a  Precinct  may  be  erected  in  Dunstable,  within 
the  Limits  particularly  mentioned : 


[1st  Sess.]     Province  Laws  (Besolves^  etc.).  — 1755-56.  351 

Eead,  and  in  answer  to  this  Petition,  House  Jour. 

Orderhl  that  such  of  the  Inhabitants  of  the  Town  of  Dunstable  ^^ '  ^^'  '^' 
&  their  Estates  (scituate  to  the  westward  of  Simon  Tompson's 
Dwelling  House,)  together  with  their  associates.  Who,  on  or  before 
the  thirteenth  Day  of  September  next,  shall  give  in  their  Names 
to  the  Secretary  of  the  Province,  with  their  Desires  therefor  (sig- 
nifyed  in  Writing),  be,  and  they  are  hereby  Erected  into  a  Precinct, 
&  vested  with  all  the  Powers  &  Priviledges,  &  subjected  to  all  the 
Duties  that  other  Precincts  in  this  Province  are  by  Law  invested 
with  &  subj[e]cted  unto.     [Passed  J^ine  14. 


CHAPTER    60. 

ORDER  IMPOWERING  M^  PETER  THATCHER,  EXECUTOR,  AND  MARY 
THATCHER  TO  JOIN  WITH  GUARDIAN  OR  GUARDIANS  TO  BE  AP- 
POINTED, IN  SALE  OF  REAL  ESTATE  AND  MAKING  PROVISION  IN 
REGARD   TO   THE   PROCEEDS. 

A  Petition  of  M'  Peter  Thatcher,  Executor  of  the  last  Will  &  ^®fo^|^"7tij 
Testament  of  M''  Peter  Thatcher  late  of  Middleboro  in  the  County  council,  xx., 
of  Plymouth  Clerk,  dec*^  shewing  that  he  has  paid  the  Debts  that  Archives?xix., 

were  due  from  the  said  Estate,  and  settled  the  Accompt  of  his  Ad-  '^^ 

ministration,  according  to  which  the  Estate  falls  in  his  Debt  above  Mass. 
Two  Thousand  Pounds  Old  Tenor,  and  for  as  much  as  all  the  Heirs  292°  hous^'^'' 
that  are  of  Age  are  desirous  that  the  said  Eeal  Estate  which  consists  Journal,  p.  77. 
of  a  House  *&  Land,  should  be  sold,  yet  their  being  Minors,  it  can- 
not be  done  without  the  Authority  of  this  Court,  therefore  praying 
for  Liberty  from  this  Court  to  sell  the  said  Real  Estate  for  the  Pur- 
pose aforesaid. 

Read  and 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  granted  as  that 
the  Guardian  or  Guardians  which  shall  be  lawfully  appointed  to  the 
said  Minors  be  and  hereby  are  impowered  to  Joyn  with  the  Pef  and 
his  Mother  Mary  Thatcher  in  the  sale  of  the  Land  and  Real  Estate 
mentioned  in  the  Pet°  and  give  and  Execute  good  and  Sufficient 
Deed  or  Deeds  for  Conveying  the  same  and  the  Money  arising  by 
the  Sale  thereof  which  belongs  to  said  Minors  after  the  Ballance  of 
the  Executors  is  Discharged  be  let  to  Interest  upon  good  Security 
and  applied  to  the  benefit  of  said  Minors.     [Passed  June  H- 


CHAPTER    61. 

ORDER  IMPOWERING  THE  COMMITTEE  ON  GUNPOWDER  AND  SMALL 
ARMS  TO  CONTRACT  FOR  500  BARRELS  OF  GUN  POWDER  AND  1,000 
STAND   OF  ARMS. 

Committees   Report   about   purchasing    Gun    Powder   &   Fire  Legislative 

Arm  a         viv*  Records  ol  the 

Urms,       VIZ  Council,  XX., 

The  Committee  have  made  Inquiry  pursuant  to  the  within  Order,  484.  Mass. 

'    A.rCillVG8 

&  find  that  One  Thousand  Barrells  of  Powder  &  twenty  five  hun-  lxxIv.,  455. 
dred  of  small  Arms  may  be  sent  for  &  purchased  on  the  Conditions  Mass. 
following,  viz*^  Ten  per  Cent  upon  the  first  Cost,  Freight,  Insurance  i);fxh''^4.53  454. 
&  all  Charges  thereon;  The  Purchase  Money  to  be  paid  in  two  Years  Legislative 
from  the  Delivery  of  said  Arms  &  Ammunition,  six  per  Cent  Inter*  councif,  xx.,  * 


Province  Laws  {Resolves,  etc.) .  —  1755-56.     [Chap.  Q'I.^ 


4fi8.    House 
Journal,  p.  45. 
Ante,  p.  264, 
chap.  24G. 


est  therefor  to  be  paid  Annually,  and  y*^  Interest  to  commence  from. 
the  Delivery  aforesaid;  And  that  the  hon^'®  John  Erving  Esq""  &  M' 
Nicholas  Boylstone  are  the  Gentlemen  who  make  the  Offer  aforesaid ; 
June  12  1755.  By  order     Ezekiel  Chevek. 

Eead  & 

Ordered  That  the  within  Named  Committee  be  and  hereby  are 
impowered  to  Contract  and  agree  with  John  Erving  Esq""  &  M'' 
Nicholas  Boylstone,  or  some  Other  person  or  persons  for  five  Hun- 
dred bar'^  of  Gun  Powder,  and  for  One  thousand  Stands  of  Arms 
to.be  of  the  size  &  according  to  the  Directions  given  to  M''  Agent 
Bollan  by  the  last  Court,  the  same  to  be  disposed  of  according  to 
the  future  Orders  of  this  Court;  the  said  Contract  to  be  made  on 
the  Terms  mentioned  in  the  within  report,  except  the  Article  of 
Ten  p  Cent  advanced  on  the  freight.^     [Passed  June  14.^ 


CHAPTER    62. 


ORDER  ACCEPTING  THE   REPORT   OF   THE    COMMITTEE    ON    THE    PETI- 
TION OF  ROB^  NEVINS  IN  REGARD   TO   A  NEW   SURVEY  OF  LAND. 


Legislative 
Records  of  the 
Council,  XX., 
487  bis.    Mass. 
Archives, 
xlvi.,  439. 

Mass. 
Archives, 
xlvi.,  437. 
Maps  and 
Plans,  Mis.,  iv., 
37;  xxxiv.,  2. 
Hou3e  Jour- 
nal, pp.  70, 76. 


A  Petition  of  Eobert  Nevins  of  Hartford  in  the  Colony  of  Con- 
necticut, shewing  that  he  is  likely  to  be  greatly  injured  in  his  Eight 
to  500  Acres  of  Land,  granted  by  this  Government  to  John  Pynchon 
Esq''  &  sold  to  the  Petitioner,  by  Means  of  the  Unfaithfulness  of  the 
Surveyour  of  10,000  Acres  of  the  Equivalent  Lands,  by  which  Means 
the  said  Tract  is  larger  than  it  ought  to  be,  &  runs  in  upon  the  Peti- 
tioner's, Praying  that  a  new  Survey  may  be  made  of  said  10,000 
Acres. 

The  Committee  to  whom  was  referred  the  within  Petition,  are 
humbly  of  Opinion  that  the  Prayer  thereof  be  so  far  granted,  as 
that  the  Bounds  of  said  Ten  Thousand  Acres  be  by  a  Committee 
of  this  Court  surveyed,  and  the  Bounds  thereof  ascertained  agre- 
able  to  the  original  Design  and  true  Intent  thereof,  and  that  when 
said  Survey  is  performed,  the  Proprietors  of  the  said  Ten  Thousand 
Acres  be  notified  of  the  Time,  by  timely  printing  or  advertizing  of 
the  same  in  the  Boston  Evening  Post,  or  some  other  publick  Print 
at  least  two  Weeks  before  said  Survey,  that  so  the  Proprietors  thereof 
may  be  present  if  they  see  Cause :  And  that  the  Survey  be  done  at 
the  Cost  of  the  Petitioner ;  and  that  the  Committee  report  their  doings 
to  this  Court  as  soon  as  may  be  with  Convenience :  All  which  is  hum- 
bly submitted. 

Per  Order  of  the  Com*«^  John  Chandler, 

In  Council  Eead  & 

Ordered  that  this  Eeport  be  accepted,  and  that  Capt°  Nathaniel 
Dwight  with  such  as  the  hon*"'^  House  shall  join  be  a  Comm®®  for 
the  Purposes  above  mentioned 

In  the  House  of  Eepres^**  Eead  and  Concurr'd,  and  Capf°  Liver- 
more  &  Col°  Murray  are  joined  in  the  Affair.     [Passed  June  14.^ 

^  Final  action  not  found  in  the  House  JournaL 

-  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  the  date  is  June  16. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  353 


CHAPTER    63. 

ORDER  IMPOWERING  NATH^  BALSTONE,  ESQ^,  EXECUTOR,  TO  EXECUTE 

A  DEED. 

A  Petition  of  Nathaniel  Balstone  Esq^  Executor  to  Thomas  Legislative 
Palmer  of  Boston  Esq-^  &  Eliakim  Palmer  Esq'  of  London  dec'^  coundf,  xx*f 
settinsr  forth  that  sundry  Tracts  of  Land  were  made  over  by  Ben-  4«4.  Mass.  ' 

A.rciiivG8  XIX 

ning  Wentworth  Esq""  to  Richard  Brown  of  Newbury  for  Security  297.        '    ' '' 
of  sundry  Debts  due  to  said  Eliakim  as  Factor  to  the  said  Thomas,  Mass. 


and  to  the  said  Richard,  that  the  said  Thomas  after  the  Death  of  ^4229!^  House 
the  said  Richard  obtained  Judgment  in  behalf  of  the  said  Eliakim  Journal, pp. 49, 

.  piC\    nc    on 

for  the  Debts  aforesaid,  and  levied  his  Execution  on  the  said  Tracts  '  ' 
of  Land,  that  the  said  Richard  devised  the  Improvement  of  one 
half  of  his  Real  Estate  to  his  Wife  Mary  during  Life,  the  Rever- 
sion to  Anthony  Brown,  which  he  afterwards  conveyed  to  Daniel 
Marquand  who  married  the  said  Mary;  and  it  being  the  Design  of 
the  said  Richard  &  Thomas  that  the  said  Land  should  be  disposed 
of  for  the  Payment  of  their  Debts;  but  that  being  frustrated  by 
their  Deaths,  therefore  Praying  that  the  Petitioner  may  be  enabled 
to  dispose  of  a  Share  of  said  Lands  proportionably  to  the  Sum  due 
to  the  said  Richard  for  the  Use  of  the  said  Mary  Marquand,  and  the  ' 
Reversion  to  the  said  Daniel  &  his  Heirs. 

Read  and 

Ordered  That  the  Prayer  of  this  Pet°  be  so  far  granted  as  that 
the  Pet'  in  his  Capacity  of  Executor  as  mentioned  be  and  hereby 
is  impowered  to  make  and  Execute  a  good  and  Sufficient  Deed  of 
Conveyance  in  Law  to  the  withinmentioned  Mary  Marquand  during 
her  Life  &  the  Reversion  to  the  within  mentioned  Daniel  Marquand 
&  his  Heirs,  of  so  much  of  the  whole  Estate  &  Interest  within  men- 
tioned as  shall  be  in  proportion  to  the  debt  due  to  Richard  Brown 
withinmentioned  being  One  hundred  seventy  six  pounds  six  shillings 
and  three  pence  compared  with  the  debt  due  to  Thomas  Palmer  Esq 
withinmentioned  being  One  hundred  and  fourteen  pounds  nine  shil- 
lings &  two  pence.     [Passed  June  16. 


CHAPTEE    64. 

ORDER  ON  THE  PET^  OF  THE  GUARD^^  OF  THE  MARTHA'S  VINEYARD 

INDIANS. 

A  Memorial  of  Mess"  Payne  Mayhew,  William  Hunt  &  John  Legislative 
Sumner  Guardians  of  the  Martha's  Vinyard  Indians;  for  explain-  councff,xx!f^ 
ing  the  Accompts  of  their  Guardianship  exhibited  to  this  Court,  ^s.^Mass.  ' 
obviating  any  Exceptions  against  them.  xxxii.,  599. 


Read  together  with  the  Acco**  exhibited  by  the  Guardians  of  the  Mass. 
Indians  of  Martha's- Vineyard  &  the  other  Papers ;  And  whereas  the  xxxu^lgV-eoi. 
Vouchers  for  the  said  Acco**  are  very  imperfect;  Therefore  House' Jour- 

Ordered  that  the  following  Sums  be  deducted  from  the  same  Viz'  ^ntf^i.  154,  * 

chap.  360. 

For  an  Over  charge  on  their  Time £113.     5.     0 

the  Comiss"'  at  2|  ^  C 53.     2.    6 

the  Coming  to  Gen'  Court  to  answer  y*  Ind"'  Compl*  ag"  y™         .         .        .  22.  10. 

for  A  Vendue  Master 20.     0.     0 

For  an  Omission  of  Cred'  to  y«  Ind°s  in  their  Ace"  1748 2.0.0 


35i 


Province  Laws  {Resolves ,etc.).  — 1755-56.     [ Chaps .65,66.] 


Amounting  to  £210.17.6  which  being  deducted  from  the  Ball* 
of  their  acc°  as  exhibited  of  £235.15.9.  leaves  a  Ballance  of  £24.18.3 
Old  Ten''  equal  to  three  pounds  six  Shillings  and  five  pence  three 
farthings  lawfull  Money  in  the  said  Guardians  favour.  [Passed 
June  16. 


Legislative 
Records  of  the 
Council,  XX., 
485.    Mass. 
Archives, 
Ixxiv.,  383. 

Mass. 
Archives, 
Ixxiv.,  383. 
House  Jour- 
nal, p.  84. 
Ante,  p.  110, 
chap.  256. 


CHAPTEK    65. 

ORDER  IMPOWERING  BENJ^  TRAY,  INDIAN,  TO  SELL  LAND  AND  MAKING 
PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Benjamin  Tray  of  Natick,  Indian,  Praying  for 
Liberty  to  sell  Twenty  five  Acres  of  his  unimproved  Land  for  the 
Payment  of  his  Debts  contracted  by  the  Maintenance  of  his  Aged 
Parents,  and  also  for  enabling  him  to  repair  his  dwelling  House 
gone  to  Decay  by  Means  of  his  Absence  in  the  War. 

Eead  and 

Ordered,  That  the  prayer  of  this  Petition,  be  so  far  granted  as 
that  the  Pef  with  the  advice  &  under  the  Directions  of  the  Guar- 
dians of  the  Natick  Indians,  be  and  hereby  is  impowered  to  make 
Sale  of  twenty  five  Acres  of  his  unimproved  Lands  for  the  most 
the  same  will  fetch  (Seasonable  public  Notice  of  the  time  &  place 
of  Sale  being  first  given)  in  order  to  provide  him  a  suitable  Dwelling 
house ;  the  remainder  of  the  Proceeds  thereof  to  be  applied  by  Said 
Guardians  for  the  payment  of  his  Just  Debts,  and  for  the  Pef'^  com- 
fortable support:  The  said  Guardians  to  be  accountable  for  their 
proceedings  herein.     [Passed  June  16. 


Legislative 
Records  of  the 
Council,  XX., 
486.    Mass. 
Archives, 
xxxii.,  635. 

Mass. 
Archives, 
xxxii.,  633. 
Legislative 
Records  of  the 
Council,  XX., 
281.    House 
Journal,  pp.  13, 
23,  24  (June, 
1754);  pp.  81, 82. 
Ante,  p.  177, 
chap.  21;  p.  314, 
Chap.  365. 


CHAPTEE    QQ. 

RESOLVE  ACCEPTING  REPORT    OF    COMMITTEE   IN  REGARD   TO  PROV^ 
LANDS  LYING  WESTWARD. 

Report  of  a  Committee  of  the  House  referring  to  Province 
Lands  lying  Westward, 

The  Committee  to  whom  the  aforesaid  Matters  were  referred, 
having  inquired  into  the  same,  report  that  a  Vote  passed  the  Gen- 
eral Court  in  June  last,  directing  the  Gentlemen  appointed  Commis- 
sioners to  treat  with  the  Government  of  New  York  Commissioners 
respecting  the  Boundary  Line  of  the  Governments,  to  enquire  into 
any  Indian  Claim  or  Claims  to  any  Land,  lying  West  of  Connect- 
icut Eiver  within  this  Province,  and  to  endeavour  to  quiet  them  as 
to  said  Claims  to  any  Land,  lying  West  of  Connecticut  River,  within 
this  Province,  and  to  endeavour  to  quiet  them  as  to  said  Claims,'  & 
to  report  to  said  Court  at  their  next  Sessions;  And  that  Samuel 
Welles  Esq""  one  of  those  Gentlemen  informed  this  Committee  that 
the  said  Commissioners  met  with  the  Stockbridge  Indians  at  Shef- 
field, and  upon  Examination  found  that  sundry  Persons,  both  Eng- 
lish &  Dutch  had  been  endeavouring  to  purchase  the  Lands  they 
claimed,  and  had  made  them  large  Offers,  by  Reason  of  which  the 
said  Indians  were  induced  to  make  larger  Demands  for  their  Lands 
than  the  Commissioners  judged  reasonable  to  give  them;  yet  the  said 
Commissioners  apprehending  it  much  for  the  Interest  of  the  Gov- 

*  The  words  "to  any  Land  ...  as  to  said  Claims"  are  underlined  in  the  original. 


[1st  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1755-56..  355 

ernment  that  the  said  Indians  should  be  quieted,  &  the  Land  pur- 
chased by  the  Government,  and  also  many  Inconveniences  thereby 
prevented;  the  said  Committee  thereupon  employed  M""  Timothy 
Woodbridge  to  transact  said  Affair  &  allow'd  him  to  give  £1,200 
Lawful  Money  for  the  sand  Lands;  And  the  said  M'  Welles  further 
informed  the  Committee  that  sometime  after  his  Eeturn  M'  Wood- 
bridge  informed  him  he  had  agreed  with  said  Indians  for  their  Lands 
West  of  Connecticut  River,  that  they  had  not  before  sold,  and  was 
to  give  them  £1,000  New  York  Currency,  and  had  promis'd  to  pay 
them  towards  it  Five  hundred  Dollars  immediately,  desiring  they 
might  be  sent  to  him  as  soon  as  possible;  That  the  Governour  not 
being  at  Boston  at  that  Time  nor  a  Quorum  of  the  Council  to  be 
obtained,  he  together  with  M"'  Secretary  Willard  went  to  the  Treas- 
urer, &  obtained  the  aforesaid  Number  of  Dollars  and  gave  their 
Eeceipt  therefor  and  sent  them  to  Col°  Worthington  for  the  Pur- 
pose aforesaid.  Of  all  which  he  informed  the  Court  at  their  Sessions 
in  October  last,  which  was  approved  of  by  the  said  Court:  The 
Committee  have  been  further  inform'd  that  the  said  Dollars  have 
since  been  taken  out  of  Col°  Worthington's  hands  &  employed  to 
enlist  Men  for  the  Crown  Point  Expedition. 

This  Committee  find  by  a  Vote  pass'd  by  the  General  Court  in 
April  last,  Joseph  Dwight,  John  Choat  &  Joseph  Hawley  Esq"  were 
appointed  a  Committee  to  lay  out  two  Townships  at  Taconnet  or 
near  there,  and  to  make  Sale  thereof;  this  Committee  are  informed 
by  CoP  Choat  that  they  had  proceeded  to  lay  out  said  Townships, 
and  dispose  of  several  Tracts  of  Land  at  the  Place  aforesaid,  and 
that  whilst  they  were  transacting  the  said  Affair,  the  begining  of 
May  last,  some  of  the  Stockbridge  Indians  came  to  them  at  Shef- 
field, &  complained  of  their  Proceedings  and  said  it  was  not  friendly 
in  the  Government  to  dispose  of  their  Lands  and  not  pay  them  for 
the  same,  and  that  the  Indians  discovered  much  Uneasiness,  and 
as  Mess"  Dwight  &  HaWley  were  pursuing  said  Business  many  Diffi- 
culties would  probably  arise  unless  the  Indians  were  quieted  in  their 
Claims. 

This  Committee  therefore  beg  Leave  to  report  as  their  Opinion 
that  the  afores**  Committee  Joseph  Dwight  Esq''  and  others,  or  the 
major  part  of  them  be  impowered  &  directed  to  perfect  &  compleat 
the  Bargain  made  by  M''  Woodbridge  with  the  Indians  for  the  Lands 
aforesaid,  and  that  Five  hundred  Dollars  be  put  into  the  hands  of 
the  said  Committee  for  the  Purpose  aforesaid,  they  to  be  account- 
able to  this  Court  &  to  engage  in  behalf  of  the  Government  the 
Payment  of  the  remaining  part  of  said  Sum  of  One  Thousand 
Pounds  New  York  Currency  to  the  Owners  of  said  Land  within 
a  reasonable  time. 

(Signed)  Israel  Williams  per  Order. 

Resolved  that  the  afore  written  Report  be  accepted  with  the  fol- 
lowing amend"^''  Viz  That  Avhen  Any  Grant  shall  be  made  of  the 
said  Lands,  such  Persons  to  whom  the  Grant  shall  be  made  shall 
pay  such  part  and  proportion  of  the  aforesaid  Sum  as  this  Court 
shall  Order.     [^Passed  June  16. 


356 


Province  Laws  {Resolves^  etc.).  — 1755-56.     [Chaps.  67,  68.] 


Legislative 
Records  of  the 
Council,  XX., 
487.    Mass. 
Archives, 
cxvli.,  33. 

Mass. 
Archives, 
cxvii.,3'2. 
House  Jour- 
nal, pp.  6.0,  SO, 
81.    Ante, 
p.  343,  Chap.  41. 


CHAPTEE    67. 

RESOLVE  DESIRING   THE   CAP^   GEN'-  TO    ENLIST   MEN  FROM  COLRAIN. 

A  Petition  of  the  Inhabitants  of  Cokain  setting  forth  their 
exposed  State  in  respect  to  the  Indian  Enemy,  that  there  is  danger 
of  many  of  their  Inhabitants  being  driven  from  their  Settlements, 
Praying  that  at  least  some  of  their  Inhabitants  most  necessitous 
among  them  may  be  put  into  the  pay  of  the  Province. 

Eead,  and  Whereas  there  is  an  Establishm*  for  twenty  four  men 
at  Colerain  part  of  which  must  be  inlisted  or  impressed  in  the  place 
of  those  who  are  inlisted  from  thence  into  the  Crown-Point  Expe- 
dition; And  it  being  represented  by  the  agent  for  Colerain  that 
there  are  six  or  eight  Able  Bodied  Effective  men,  who  have  no  real 
Estate  there,  And  are  willing  to  engage  in  the  service  of  the  Gov- 
ernment :  Therefore 

Resolved  That  his  Excellency  the  Cap*  General  be  desired  to  give 
Orders  that  the  said  Men  (if  able  Bodied  &  effective)  be  entered 
upon  the  List  for  said  Colerain  as  part  of  the  Men  Ordered  for  that 
service.     \^Passed  June  16. 


CHAPTEE    68. 


ORDER  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE  FOR  ENCOURAG- 
ING THE  ENLISTMENT  OF  VOLUNTEERS. 


Legislative 
Becords  of  the 
Council,  XX., 
488.    Mass. 
Archives,  cix., 
1-25. 

Mass. 

Archives,  cix., 
123.    Legisla- 
tive Records  of 
the  Council, 
XX.,  475  bis. 
House  Jour- 
nal, pp.  69, 87, 
88.    Ante, 
p.  349,  chap.  53. 


The  Committee  upon  his  Excellencies  Message  of  the  12*^  Instant, 
respecting  the  Eastern  Frontiers  beg  Leave  to  report  in  part,  that 
they  are  liumbly  of  Opinion,  that  for  the  Encouragement  of  Vol- 
untiers  to  inlist  and  form  themselves  into  Companies  to  penetrate 
into  the  Indians  Country,  in  order  to  captivate  &  kill  the  Indians 
of  any  of  the  Tribes  this  Government  hath  declared  War  against ; 
that  Thirty  days  Provision  shall  be  given  to  every  and  all  the  Com- 
panies raised  as  aforesaid,  Provided  that  none  of  the  said  Companies 
shall  consist  of  less  than  thirty  men,  and  that  the  said  Companies 
shall  be  held  to  perform  a  constant  Scout  of  at  least  Thirty  days 
upon  every  March  unless  some  special  Eeason  for  the  good  of  the 
Service  shall  appear  for  their  returning  in,  in  a  less  time ;  and  that 
the  Officers  of  each  Company  shall  be  also  held  to  keep  a  Journal 
of  each  of  their  Marches  or  Scouts,  and  exhibit  them  in  Course 
under  Oath  to  the  Captain  General.  And  that  for  every  Cap- 

tive taken  by  the  said  Companies  or  by  any  Party  or  Detachment 
of  any  of  the  Companies  which  shall  be  brought  into  Boston  & 
delivered  up  to  the  Government  shall  be  paid  out  of  the  publick 
Treasury  to  the  said  Company,  Party  or  Detachment,  or  their 
Attorney,  the  Sum  of  Two  hundred  &  twenty  Pounds,  and  for 
every  Scalp  that  shall  be  brought  in  &  produced  as  aforesaid  the 
Sum  of  Two  hundred  Pounds;  and  that  his  Excellency  the  Cap- 
tain General  be  desired  to  grant  Commissions  to  such  Person  & 
Persons  as  shall  appear  and  offer  to  raise  a  Company  or  Companies 
for  said  Service,  provided  he  shall  judge  them  qualified  for  the 
Purpose. 

And  that  his  Excellency  be  also  desired  by  Proclamation,  to  give 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  357 

the  Encouragement  of  the  Sum  of  One  hundred  &  ten  Pounds  for 
every  Captive,  and  one  hundred  Pounds  for  every  Scalp,  including 
the  Bounty  or  Encouragement  given  to  private  Persons  not  in  the 
pay  or  Subsistence  of  this  Government,  in  the  Vote  of  the  Court 
pass'd  the  14  Instant  relating  to  Scalps  &  Captives  that  shall  be 
taken  &  brought  in  as  aforesaid,  by  any  such  Private  Person  or 
Persons,  who  may  on  any  Emergency  or  otherwise,  either  Captivate 
or  kill  any  of  the  said  Tribes  of  Indians.  All  which  is  humbly 

submitted,  Per  Order  John  Hill. 

Eead  and 

Ordered  That  this  report  be  accepted.     [Passed  June  16. 


CHAPTER    69. 

VOTE  IN  REGARD  TO  ENQUIRING  INTO  THE  COMPLAINTS  OF  THE 
INDIANS  OF  NANTUCKET  AND  INCREASING  THE  COMMITTEE  AP- 
POINTED  THEREFOR. 

In  Council  Legislative 

Voted  thsit  Andrew  Oliver  Esq''  with  such  as  the  Hon'''^  House  councu.xx.,  ^ 
shall  join  be  added  to' the  Committee  appointed  in  October  last  to  Archives ^" 
inquire  into  the  Complaints  of  the  Indians  at  Nantucket,  any  three  xxxii.,  639, 64o. 
of  which  to  be  a  Quorum  Mass. 

In  the  House  of  Eep^  xxxii-.elWo. 

Bead  and  Concurred;  and  M'  Speaker  is  joined  in  the  affair:  the  Ricordfof the 
charge  of  said  Committee  to  be  born  as  this  Court  shall  hear  after  Council,  xx., 

r\    1  272.    House 

Uraer,  Journal,pp.52, 

In  Council  Read  &  Concur'd.     [Passed  June  17.  i7M?fpp."3,90. 


CHAPTER    70. 

ORDER    AND    VOTE    IMPOWERING    MOODEY    RUSSELL    TO    ENTER    AN 
APPEAL  FROM  A  SENTENCE. 

On  the  Petition  of  Moodey  Russell,  [ante^  p.  292,  chap.  314]    R^forljfjf  t^e 
Read  and  council,  xx., 

Ordered  that  this  Petition  be  revived  and  ^chi^es?' 

Voted  that  the  prayer  of  this  petition  be  granted  &  that  the  peti-  xiiv.,  i69. 
tioner  have  liberty  to  prosecute  s*^  appeal  from  s^  sentence  to  the  House  Jour, 
next  Superiour  court  of  Judicature  court  of  assise  &  General  Goal  Anu,'\>.h2, 
delivery  to  be  holden  at  Barnstable  in  &  for  s^  County  of  Barnstable  *^^*^^'  ^^** 
on  the  fourth  tuesday  of  July  next  to  enter  s"^  Action  at  s*^  Court  & 
the  Justices  thereof  are  hereby  &  *  directed  &  impowred  then  &  there 
to  hear  s*^  appeal  determine  &  give  judgment  upon  the  same  &  award 
execution  thereon  to  all  intents  &  purposes  whatsoever  as  fully  as 
if  the  same  had  been  made  to  s*^  Court  of  Assise  from  any  sentence 
of  the  Court  of  General  Sessions  of  the  Peace  holden  at  s**  Barn- 
stable since  the  sitting  of  the  s*^  Court  of  Assise  since  there  last 
term  there  Provided  the  Petitioner  enter  into  recognisance 

seven  days  at  least  before  the  sitting  of  s**  Court  before  two  Jus- 
tices of  the  Peace  of  s*^  County  (Quorum  unus)  with  sufficient 
sureties  to  abide  the  Judgment  &  to  prosecute  s"^  appeal  to  effect 

>  Sic. 


358 


Province  Laws  [Besolves,  etc.).  — 1755-56.     [Chaps.  71-73.] 


Provided  also  the  Petitioner  afores''  also  serve  the  s*^  David  with  a 
copy  of  this  order  seven  days  at  least  before  the  sitting  of  the  same 
Court.     [Passed  June  17.^ 


Legislative 
Records  of  the 
Council,  XX., 
489.    Mass.    • 
Archives,  Ixv., 
88. 

Maes. 

Archives,  Ixv., 
87.    House 
Journal,  pp.  40, 
41,  76,  94. 


CHAPTEE    71. 

ORDER  ON  THE  PETITION  OF    ISAAC    FREEMAN    IN    REGARD   TO    PAY- 
MENT FOR  SHIP   "MASSACHUSETTS  FRIGATE." 

A  Petition  of  Isaac  Freeman  of  Marblehead,  shewing  that  he  & 
Edmund  Quincy  Esq''  were  bound  as  Sureties  for  William  Fletcher's 
paying  of  the  Purchase  Money  for  the  Ship  Massachusetts  Frigate 
which  the  said  Fletcher  bought  of  the  Province,  that  the  said 
Fletcher  and  Quincy  failing,  the  Province  Treasurer  has  attached 
the  Petitioner  for  the  Payment  of  what  remains  due  of  the  prin- 
cipal Sum  with  Interest,  and  for  as  much  as  the  Petitioner  has 
none  of  the  said  Fletchers  Effects  in  his  Hands,  therefore  pray- 
ing that  he  may  be  discharged  upon  his  present  Payment  of  the 
Principal. 

Eead,  And 

Ordered,  That  upon  the  Petitioners  paying  to  the  Treasurer  of 
this  Province  the  whole  principal  Sum  due  for  the  Ship  Massachu- 
setts Frigate  before  the  time  of  Entry  of  the  Action  referred  to  the 
s*^  Treasurer  be  directed  not  to  enter  the  same  and  that  the  s*^  Bond 
be  no  further  pursued  against  said  Freeman.     [Passed  June  18.' 


CHAPTEK    72. 


Legislative 
Records  of  the 
Council,  XX., 
490.    Mass. 
Archives,  cxx., 
57". 

House  Jour- 
nal, p.  92. 


ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  ISSUE  EXECUTIONS 
AGAINST  FARMERS  OF  EXCISE. 

Ordered  that  the  Treasurer  be  directed  to  send  forth  his  Execu- 
tion against  such  of  the  Farmers  of  Excise  as  shall  not  pay  in  the 
Sums  respectively  due  from  them  on  or  before  the  first  day  of  July 
next.     [Passed  June  18. 


Legislative 
Records  of  the 
Council,  XX., 
492.    Mass. 
Archives,  cix., 
137. 

Mass. 

Archives,  cix., 
136.    LegiBla- 


CHAPTER    73. 

ORDER  ON  THE  MESSAGE  OF  THE  GOVERNOR  IN  REGARD  TO  SENDING 
ARMS  &  POWDER  FOR  THE  INTENDED  EXPEDITION  AGAINST  CROWN 
POINT. 

The  Secretary  delivered  the  following  Message  from  his  Ex- 
cellency. 

Gentlemen  of  the  Council  &  House  of  Representatives, 
I  now  lay  before  you  a  Letter  I  sent  to  the  Committee  of  War, 
upon  the  Subject  of  Gun  Powder  &  Small  Arms  necessary  to  be 
provided  for  the  Expedition  to  Crown  Point;  the  said  Committee, 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  June  18. 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
C-ouncil  the  date  is  June  17. 


[1st  Sess.]     Province  Laws  (Hesolves,  etc.).  — 1755-56.  359 

after  the  Consideration  thereof,  judged  my  Advice  therein  neces-  tive  Records  of 
sary  to  be  complied  with,  but  doubted  of  their  Power  without  the  x^x-.'iss"*^'^' 
further  Order  of  this  Court;  For  the  Particulars  of  this  Matter  and  ^^"1^^® ^4°^'"- 
the  Grounds  of  my  Sentiments  therein  I  must  refer  you  to  the  Letter,  Ante,  p.  m, 
and  I  doubt  not  but  upon  duly  weighing  the  Matter  you  will  give  p^lge.^chap. 
immediate  Orders  to  the  Committee  of  War  agreable  thereto:  the  325. 
Success  of  the  Expedition  to  Crown  Point  greatly  depends  upon  it. 

Eead  and 

Ordered,  That  it  be  left  to  the  Committee  of  War  to  provide  and 
send  such  a  Quantity  of  Powder  and  small  Arms  for  the  intended 
Expedition  to  Crown  Point  as  they  shall  Judge  necessary.  [Passed 
June  18. 


CHAPTER    74. 

ORDER  APPOINTING  COMMITTEE    TO   PREPARE    INSTRUCT^"^    FOR    JOHN 
SHARPE,  ESQK,  AGENT. 

In  Council  ElfoiKfthe 

Ordered  that  Andrew  Oliver  and  Tho*  Hutchinson  Esq"  with  council,  xx., 
such  as  the  hon'''^  House  shall  appoint,  be  a  Committee  to  prepare  ArchWesTxxi., 
Instructions  for  John  Sharpe  Esq''  chosen  Agent  for  this  Province,  ^^ 


to  be  signed  by  the  Secretary,  and  transmitted  to  M"^  Sharpe  by  the  House  Jour- 
first  Opportunity  ^n<e,  p.346, 

In  the  House  of  Eep«  *=^^p-  **• 

Read  and  Concurred,  And  M""  Speaker  M''  Tyng  &  James  Bow- 
doin  Esq""  are  joined  in  the  Affair.     [Passed  June  19. 


CHAPTEE    75. 

ORDER  DIRECTING  THE  SECRY   TO  NOTIFY  JOHN  SHARPE,  ESQ^,  THAT  Legislative 

HE   IS   CHOSEN  THE  PROVINCE  AGENT  IN  GREAT  BRITAIN.  Counctf  xx'^^ 

494.    Mass. 

Ordered  that  the  Secretary  write  to  John  Sharpe  Esq'"  in  the  f^i^^''^^' ^^'^' 
Name  of  this  Court  acquainting  him  with  the  Choice  the  Court  :^^^ 
have  made  of  him  to  be  the  Agent  of   this  Province  in  Great  Archives,  xxi., 
Britain,   &  desiring  that  he  would  take  that   Trust   upon   him.  journai%^.^98. 
[Passed  Jime  19.  cutp.  ^i.^^^' 


CHAPTER    76. 

ORDER  THAT   THE    SECRY    WRITE    TO    GIVE    THANKS    TO    M«  AGENT     Legislative 

BOLLAN.  Records  of  tbe 

Council,  XX., 
494. 

Ordered  that  the  Secretary  write  to  William  Bollan  Esq""  giving  Mass. 
him  the  Thanks  of  this  Court  for  his  past  good  Services,  &  acquaint-  ^g^'^LegisTa-'"' 
ing  him  that  in  Compliance  with  his  Request,  and  in  Consideration  tive  Records  of 
of  his  ill  State  of  health,  they  have  accepted  of  his  Resignation,  and  xx^.,  473.°*^' ' 
the  Court  have  made  Choice  of  another  Gentleman  in  his  Stead  to  ^aT?f  97'"''' 
be  Agent  of  this  Province  in  Great  Britain.     [Passed  June  19.         We,  p.  346, 


360 


Province  Laws  {Resolves,  etc.).  — 1755-56.     [Chaps.  77-79.] 


CHAPTEE    77. 


ORDER  ALLOWING  £10  TO  ELIZ*  BROWN. 


Legislative 
Records  of  tbe 
Council,  XX., 
4D4. 

Mass. 

Archives,  cv., 
525.    House 
Journal,  pp.  89, 
90,  100, 101. 


A  Petition  of  Elizabeth  Browne,  praying  for  some  Eelief  from 
this  Court,  in  Consideration  of  her  Sufferings  from  the  Indian 
Enemy  by  the  Death  &  Captivity  of  divers  of  her  Family,  &  Loss 
of  her  Substance. 

Eead  & 

Ordered  that  the  Sum  of  Ten  Pounds  be  allowed  &  paid  out  of 
the  publick  Treasury  of  the  Province  for  the  Support  of  the  Peti- 
tioner, and  to  enable  her  to  return  to  her  native  Country;  And  that 
the  said  Sum  be  paid  into  the  hands  of  John  Erving  Esq^  \^Passed 
June  19. 


CHAPTEE    78. 


ORDER  ALLOWING  £21.  18.  8  TO  JOS.   BALLARD. 


Legislative 
Records  of  the 
Council,  XX., 
494.    Mass. 
Archives, 
xlix.,  424. 

Mass. 
Archives, 
xlix.,  423. 
Legislative 
Records  of  the 
Council,  XX., 
451.    House 
Journal, 
pp.  96,  97. 


An  Accompt  presented  by  Joseph  Ballard  of  the  Charge  of  a 
Dinner  by  him  jDrovided  for  the  Entertainment  of  the  House  of 
Eepresentatives,  upon  the  Day  of  Election  of  Councellors,  amount- 
ing to  the  Sum  of  £21.18.8. 

Eead  and 

Ordered  That  this  Ace*  be  allowed,  &  that  the  Sum  of  Twenty 
One  Pounds  eighteen  Shillings  and  eight  pence  be  paid  out  of  the 
public  Treasury  to  the  s*^  Joseph  Ballard,  in  full  Discharge  of  the 
same.     \^Passed  June  19. 


CHAPTEE    79. 


ORDER   IMPOWERING    POWERS    HARRIOT,  GUARDIAN,  TO    SELL    REAL 
ESTATE  AND  MAKING  PROVISION  IN  REGARD   TO  THE  PROCEEDS. 


Legislative 
Records  of  the 
Council,  XX., 
495.    Mass. 
Archives,  xix., 
304. 

Mass. 

Archives,  xix., 
303.    House 
Journal,  pp.  91, 
92,  98,  99. 


A  Petition  of  Powers  Mariot  Guardian  of  Elizabeth  Furnass  a 
Minor,  shewing  that  she  is  interested  in  Common  with  others  in  a 
House  &  Land  in  Boston,  that  the  House  is  much  out  of  Eepair, 
and  the  other  Owners  desirous  of  selling  their  part  of  the  Estate, 
praying  that  as  Guardian  he  may  be  enabled  to  join  therein. 

Eead  and 

Ordered  That  the  Prayer  of  this  Pet"^  be  granted,  and  that  the 
Petitioner  in  his  said  Capacity  be  &  hereby  is  fully  Authorized  & 
impowered  to  make  Sale  of  the  said  Minors  third  part  of  the  Dwell- 
ing house  and  Land  therein  Mentioned,  for  the  Most  it  will  fetch, 
and  to  execute  a  Good  Deed  or  Deeds  for  Conveyance  of  the  Same 
in  Law,  to  the  purchaser.  The  Pef  first  giving  Security  to  the  Judge 
of  Probate  for  the  County  of  Suffolk  that  the  Moneys  arising  by  the 
sale  thereof  shall  be  put  out  at  Interest  on  good  Security  for  the 
Benefitt  of  said  Minor,  and  the  Interest  thereof  applied  for  her 
Maintenance  during  her  Minority,  and  that  upon  Settlement  of 
his  Accounts  with  the  Judge  of  Probate,  he  shall  pay  the  prin- 


[1st  Sess.]     Province  Laws  {Resolves^  etc.).  — 1755-56.  361 

cipal  Sum,  and  the  Interest  remaining  in  his  hands  to  the  said 
Minor  when  she  arrives  to  age  or  is  Married  or  to  her  heirs.  \^Passed 
June  19. 


CHAPTER    80. 

ORDER  IMPOWERING  THE  COMtee  qF  WAR  TO  PURCHASE  POWDER.      Legislative 

Records  of  the 
Council,  XX., 

Ordered  That  the  Committee  of  War  be  directed  and  impowered  496.  Mass. 
to  purchase  and  replace  in  the  Magazines  of  the  Province  Such  a  ixxiv.Ill'e. 
Quantity  of  Gun  Powder  as  shall  make  up  in  the  whole  the  Quan-  Legislative 
tity  of  Seven  hundred  bar^^  in  the  several  Magazines  of  the  Prov-  coundf  xx*^^ 
ince  in  stead  of  those  the  said  Com'®^  have  liberty  to  take  out.'  485.  Ante,'' 
{Passed  June  20.  HTv'^ul 

chap.  52. 

CHAPTER    81. 

ORDER  ALLOWING   £15  TO  JN^  RUDDOCK  INCLUDING  £6.  13.  4  ALREADY 

PAID   HIM. 

A  Petition  of  John  Euddock  of  Boston,  Praying  that  he  may  Legislative 
be  allowed  for  a  House  which  he  built  on  Castle  Island,  at  his  own  councff,  xx!,*^^ 
Cost,  and  which  has  been  used  by  the  Government  for  quartering  497.  Mass. 

»    o    1  T  Archives, 

01  Soldiers:  ixxiv.,  446. 

Eead  and  Mass. 

Ordered^  That  the  Sum  of  Fifteen  Pounds  including  the  Six  ^^xiv.^«5. 

Pounds  thirteen  Shillings  and   four   pence   formerly  granted   be  House'jour- 

.  1  ./      D  xxaX  pn  100  101 

allowed  and  paid  to  The  Petitioner  out  of  the  Province  Treasury  im.  Ante,'     ' 
in  full  Consideration  for  said  House.     \^Passed  June  20.  p.  74, chap.  i67. 


CHAPTER    82. 

VOTE  CHOOSING  A  COMMISSI  OF  IMPOST.  Legislative 

Records  of  the 
Council,  XX., 

This  day  being  appointed  for  the  Choice  of  a  Commissioner  of  the  499.  Mass. 
Impost  for  the  Year  ensuing  Daniel  Russell  Esq''  was  unanimously  los?  ^^^^'  ^^'' 
Chosen  by  the  Council  and  Representatives.     [Passed  June  21.         House  Jour- 

nal,  p.  105  bis. 


CHAPTER    83. 

ORDER  REFERRING  ALL  UNFINISHED  MATTERS. 

Ordered  that  all  Matters  that  had  Day  at  this  Sitting  of  the  Court,  ]^fordg'of  the 
which  have  not  or  shall  not  be  pass'd  upon  before  the  Court  rise,  be  council,  xx., 

referred  over  &  have  the  same  Day  at  the  next  Sitting  of  the  Court.  — 

[Passed  June  21.  Ho^«e  l^^- 

*  Not  found  in  the  House  Journal. 


362 


Province  Laws  (^Resolves,  etc.) .  — 1755-56.     [Chaps.  84-86.] 


Legislative 
Records  of  ttie 
Council,  XX., 

499.    Mass. 
Archives,  Ixv., 
109. 


CHAPTEE    84. 


ORDER  LAYING  AN  EMBARGO  ON  ALL  VESSELS  WITH  PROVISIONS  AND 

WARLIKE  STORES. 


Legislative 

couricif,xx!f^       Ordered  That  an  Embargo  be  laid  on  all  Vessels  that  have  any 

House' Jour*^^'  P^'ovisions  01"  Warlike  Stores  on  board  except  what  may  be  neces- 

nai.p.  107.  sary  for  their  respective  Voyages  till  Wednesday  next.     [Passed 

Laws,  iii.,  866,  Ju7ie  21. 

chap.  7;  945,  . 

note. 


CHAPTER    85. 


ORDER  ALLOWING   £318  TO  SELECT  MEN  OF  BOSTON. 


Legislative 
Records  of  the 
Council,  XX., 

499.    Mass. 
Archives, 
Ixxiv.,  424. 

Legislative 
Records  of  the 
Council,  XX., 
275.    Mass. 
Archives, 
Ixxiv.,  423. 
House  Jour- 
nal, pp.  99, 100, 
106. 


A  Petition  of  the  Select  Men  of  the  Town  of  Boston,  setting 
forth  that  of  the  Fire  Arms  belonging  to  the  said  Town  w^''  were 
taken  up  for  the  late  Expedition  to  Kennebeck  Eiver,  One  hun- 
dred &  fifty  were  never  returned  into  the  Town  Stock,  Praying 
that  the  apprized  Value  thereof  being  =£318  be  allowed  &  paid  out 
of  .the  publick  Treasury  for  the  Use  of  the  said  Town  of  Boston, 

Read  and 

Ordered  That  the  prayer  of  this  Memorial  be  granted  and  that 
the  Sum  of  three  hundred  &  Eighteen  *  Pounds  be  allowed  &  paid 
out  of  the  Public  Treasury  to  the  Select  Men  of  the  Town  of  Bos- 
ton for  the  use  of  said  Town,  in  Consideration  of  one  hundred  and 
fifty  nine  Fire  Arms  &c  belonging  to  said  Town  which  have  been 
made  use  of  by  the  Com'*"  of  War  for  the  Expedition  to  Crown 
Point.     [Passed  June  21. 


CHAPTER    86. 

ORDER  ADJOURNING  THE  COURTS  OF  THE  COUNTY  OF  DUKES  COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
501.    Mass. 
Archives, 
xliv.,  180. 

Mass. 
Archives, 
xliv.,  182. 
House  Jour- 
nal, pp.  110,  111. 
Province 
Laws,  iii.,  64, 
chap.  32. 


Whereas  at  the  time  when  the  Court  of  Gen^  Sessions  of  the 
Peace  &  Inferiour  Court  of  Common  Pleas,  were  to  have  been 
holden  at  Edgartown  within  &  for  the  County  of  Dukes  County, 
on  the  first  Tuesday  of  March  last,  there  was  a  severe  Storm  of 
Snow,  so  that  the  Justices  of  the  s*^  Court,  »&  Parties  concerned, 
could  not  travel  to  &  attend  said  Courts,  Whereby  all  Actions  & 
Processes  there  depending  were  discontinued.  Therefore 

Ordered  That  all  Actions,  Pleas,  Processes,  Precepts,  Recogni- 
zances, &  other  Matters  whatever  that  had  day  in  either  of  the  said 
Courts,  on  the  first  Tuesday  in  March  last,  are  hereby  continued 
to  the  said  Courts  respectively  by  Law,  to  be  holden  at  Edgartown 
within  «&  for  the  County  of  Dukes  County  on  the  last  Tuesday  in 
October  next,  and  may  be  then  &  tliere  heard  &  tried;  And  the 
Justices  of  the  said  Courts  respectively  are  hereby  accordingly  im- 
powered  to  hear  &  determine  all  such  Actions  &  Causes,  and  award 
Execution  as  fully  to  all  Intents  &  Purposes,  as  they  might  have 
done  if  said  Actions  Pleas  &  Processes,  had  come  before  them  at 
either  of  the  said  Courts,  on  the  first  Tuesday  of  March  last,  &  the 


*  The  House  Journal,  reads,  £314. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1755-56.  363 

said  Courts  had  been  opened  to  have  heard  &  tried  the  same  Sav- 
ing that  if  any  Party  concerned  as  Defendant  (or  other  wise)  in  any 
of  the  said  Actions,  is  now  out  of  the  Province,  or  shall  not  in  the 
Judgm*  of  either  of  the  said  Courts,  have  had  timely  Notice  of  this 
Oi'der,  such  Court  shall  continue  the  Action  to  their  next  Term. 

And  the  Sheriff  of  said  County  of  Dukes  County  is  hereby  directed 
to  cause  this  Order  forthwith  to  be  made  publick,  by  posting  up  the 
same,  in  some  publick  Place  in  the  same  County,  and  to  be  inserted 
in  some  one  of  the  Boston  News  Papers.     {^Passed  June  24. 


CHAPTER    87. 

ORDER  APPOINTING   A   COMtke    fqR    BURN«  GOVERNM''   SECURITIES    IN 
THE   HANDS  OF  THE  PROVINCE  TREASURER. 

In  the  House  of  Representatives;  Legislative 

Ordend  i\iQ.i  W  Speaker,  Col"  Miller  &  M'  James  Russell  with  councn""**^^ 


,  XX. 


502. 


such  as  the  hon^'®  Board  shall  join,  be  a  Committee  to  repair  to 
the  Treasurer's  in  the  Recess  of  the  Court,  examine  what  Govern-  Mass. 
ment  Securities  he  has  in  his  Hands,  and  see  them  consumed  to  353.  House 
Ashes  &  report  thereon  at  the  next  sitting  of  this  Court:  In  pp^iog/'us. 

Council;  Read  &  concur'd,  And  John  Osborne  &  Andrew  Oliver 
Esq"  are  joined  in  the  Affair.     \^Passed  June  25.^ 


CHAPTER    88. 

ORDER  PROVIDE  FOR  DEFRAYING  INCIDENTAL  CHARGES  IN  THE  ARMY 
FOR  THE   CROWN  POINT  EXPEDITION. 

Ordered  That  the  Committee  of  War  be  and  hereby  are  impowered  i®s*^'?*'^|tj^ 
and  directed  in  the  recess  of  the  Court  to  furnish  M'  Emerson  their  council,  xx., 
Agent  at  Albany  with  such  Sums  of  Money  as  they  shall  judge  may  ArcWv^ee^^' 
.be  the  proj^ortion  of  this  Province  with  respect  to  the  Contingent  ixxiv.,  473. 
Charges  of  the  Army  destined  for  the  Crown  point  Expedition,  and  Legislative 
what  may  be  further  necessary  to  engage  &  secure  the  Indians  of  council^  xx!,  ^ 
the  six  Nations  that  are  or  may  be  employed  in  the  service  of  that  jounmPp^^u 
Expedition  Comparing  the  Number  of  Troops  in  the  Pay  of  this  Ante,  p.'296, 
Province  with  the  Forces  of  the  several  Colonies  engaged  in  the  *^  ^^'  ^^' 
same  Expedition :    The  said  Committee  to  be  Accountable.    \_Passed 
June  25. 


CHAPTER    89. 

VOTE  PROVIDE  FOR  PAYMENT  OF  MONEY  ADVANCED  FOR  INDIANS  OF 

THE   SIX  NATIONS. 

Voted,  That  the  Suin  of  one  hundred  and  fifty  five  Pounds,  eleven  Legislative 
shill*  one  penny  part  of  the  sum  of  six  hundred  Pounds  Orderd  by  councif.xx"^^ 
this  Court,  the  T^  Current  to  be  paid  to  the  Order  of  Coll  Johnson  ^^-j^j^*^^^-  ' 
to  be  applied  by  him  for  engaging  the  Indians  of  the  six  Nations  xxxii.,  643. 

>  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  the  date  is  June  24. 


364 


Province  Laws  (BesolveSy etc.).  — 1755-56.     [Chaps.  90,  91.] 


Rlfords^of  the  ^  Supporting  them  &  their  families  during  the  Continuance  of  the 
Council,  XX.,  Expedition  to  Crown  Point,  be  applied  to  discharge  this  Provinces 
Jmirimi!"p.^ii.  part  of  Eight  hundred  pounds  Sterl^  advanced  by  General  Brad- 
Ante,  p.'338,  dock  to  Coll:  Johusou,  for  engaging  the  said  Indians  in  the  British 
Interest.     [Passed  June  25. 


chap.  31. 


Legislative 
Records  of  the 
Council,  XX., 

504.    Mass. 
Archives, 
Ixxiv.,  478. 

Mass. 
Archives, 
Ixxiv.,  479. 
House  Jour- 
nal, p.  115. 
Ante,  p.  264, 
chap.  246; 
p.  346,  chap.  44; 
p.  359,  chap.  74. 


CHAPTER    90. 

VOTE  FOR  INSTRUCTING   THE   AGENT   IN   GREAT    BRITAIN    IN    REGARD 
TO   CERTAIN  PROVINCE   INTERESTS. 

Voted  that  the  following  message  be  sent  to  the  Honourable  House 
of  Representatives 

The  Honourable  House  having  by  their  Committee  the  last  Even- 
ing desired  his  Excellency  to  grant  a  recess  to  the  Members  of  the 
Court  and  his  Excellency  having  been  pleased  to  signify  to  the 
Board  that  it  was  his  intention  the  Court  should  rise  to  day, 
the  Board  cannot  help  expressing  their  concern  that  the  House 
should  desire  to  rise  before  proper  provision  be  made  for  supply- 
ing the  Province  with  a  stock  of  fire  arms  and  Gun  powder  espe- 
cially as  the  money  due  for  the  cloathing  in  England  might  be 
applied  to  that  purpose  or  at  least  Powder  &  Arms  might  be  pur- 
chased upon  the  Credit  of  it.  This  will  probably  fall  very  much 
short  of  a  necessary  supply,  but  a  partial  supply  is  much  better 
than  to  have  the  Province  left  in  its  present  exposed  state. 

Eead  and  Thereupon 

Voted  That  The  Com'"^  appointed  to  prepare  Instructions  to  John 
Sharpe  Esq^  chosen  Agent  for  this  Province  Meet  as  soon  as  may 
be,  and  by  the  first  Opportunity  transmit  such  Instructions  as  shall 
appear  necessary  relative  to  the  Controversy  with  Connecticut  & 
New  York,  to  the  AfEair  of  Fort  Dummer  And  to  the  Debt  for 
the  Cloathing  left  at  Louisbourg,  And  that  the  Com''"'  give  direc- 
tions that  in  Case  the  debt  for  the  Cloathing  is  paid  or  an  Order 
granted  for  the  paym'^  thereof.  That  a  sum  to  the  amount  of  Said 
Debt  be  forthwith  applied  to  the  purchase  of  Fire  Arms  and  Gun 
Powder,  viz  one  third  part  to  the  purchasing  of  fire  Arms  of  the 
Dimensions  heretofore  wrote  for;  the  other  two  thirds  to  the  pur- 
chasing of  good  Cannon  Powder;  said  Fire  Arms  and  Gun  Powder 
to  be  shipped  by  the  first  Opportunity  for  Boston,  Consigned  to 
the  Province  Treasurer,  the  Value  thereof  being  first  Insured.' 
[Passed  Ju7ie  26. 


CHAPTER    91. 


Legislative 

Records  of  the 

Council,  XX., 

504     IVIrss 

Archives,  '         ORDER  IN  REGARD  TO  THE  REPAIRS  AT  Y"  WORKS   ON  GOV^»  ISLAND. 

Ixxiv.,  476. 

naTp^mf'  Ordered  That  the  Com'^*  appointed  on  the  repairs  of  Castle  Wil- 

Province  liam,  be  directed  Also  to  take  Care  of  the  Fortification  on  Governor's 

ch^!'252y''     '  Island,  see  that  the  same  be  put  into  good  Order.     [Passed  Jime  26. 

1  Not  found  in  the  House  Journal. 


[1st  Sess.]     Province  Laws  {Besolves^  etc.).  — 1755-56.  365 


CHAPTER    92. 

VOTE  FOR  IMPRESS^  GUN  POWDER. 

Voted,  That  his  Excellency  the  Cap'  General  be  desired  to  give  Legislative 
Orders  for  impressing  for  the  use  of  the  Province  all  the  Gun-  council!  xx!^^ 
Powder  belonging  to  Private  Gentlemen  which  is  now  in  the  public  504    Mass. 
Magazines,  provided  the  Committee  of  "War  cannot  agree  for  the  ixxiv.,  475. 
same  on  reasonable  terms.'     [Passed  June  26. 


CHAPTER    93. 

ORDER  FOR  ADJOURN^  Y=  SUP«  COURT  IN  BRISTOL  COUNTY. 

Whereas  the  holding  his  Maj*y'^  Sup''  Court  of  Judicature  Court  Legislative 
of  Assize  &  Gen'  Goal  Delivery  at  Taunton  within  &  for  the  County  council,  xx., 
of  Bristol  on  the  2^  Tuesday  of  July  next  (w*^^  is  the  time  appointed  ArcM^es^^' 
by  Law  for  holding  the  same)  would  be  inconvenient  by  reason  of  a  xiiv.,  iss.' 
late  Order  of  this  Court  for  holding  the  s'^  Sup'  Court  of  Jud'  &c^  House  Jour- 
at  Ipswich  within  &  for  the  County  of  Essex  on  the  first  Tuesday  provmce^' 
of  the  same  Month.  Laws,  iii.,  1071, 

note. 

Therefore 

Ordered  that  the  said  Sup'  Court  of  Judicature  &c*  which  was 
by  Law  to  have  been  held  at  Taunton  within  &  for  the  County  of 
Bristol  on  the  second  Tuesday  of  July  next  shall  be  held  there  on 
the  fifth  Tuesday,  being  the  twenty  ninth  day  of  the  said  Month ; 
And  all  Writts  &  other  Process  already  issued  &  returnable  to  said 
Court  at  Taunton  on  the  second  Tuesday  shall  be  returned  on  the 
&^  fifth  Tuesday ;  And  all  Matters  whatsoever  continued  or  any  ways 
depending  in  said  Court  there,  shall  continue  &  be  proceeded  on  by 
the  Justices  of  the  s*^  Court  on  the  5"*  Tuesday  aforesaid;  And  all 
Officers  &  other  Persons  concerned  are  Eequired  to  conform  them- 
selves accordingly.     [Passed  June  26. 


CHAPTER    94. 

RESOLVE  APPOINTING  OFFICERS  FOR  ENLISTING  FIVE  HUNDRED  MEN 
WITH  BOUNTY  PAY  AND  SUBSISTENCE  FOR  RE-ENFORCING  THE 
CROWN  POINT  EXPEDITION. 

^eso?z;e(?  that  His  Excellency  y^  Cap*  Gen'  be  desired  to  Commission  Legislative 
proper  officers  for  raising  by  Enlistment  not  exceeding  five  hundred  c^unc'if  xx!*** 
Men  to  March  to  Crown  Point  to  reinforce  the  army  destin'd  there,  505.  Ma£s.  ' 
if  upon  advise  from  the  Army  had  in  the  recess  of  this  Court,  it  ixxiv.,  477. 
shall  be  adjudg'd  by  the  Commander  in  Chief  for  the  time  being  Legislative 
with  the  advice  of  the  Council  That  it  be  necessary  The  Army  should  Qoy°c'if  xx**^^ 
be  so  reinforc'd.  391.  House' 

That  each  man  be  paid  a  Dollar  upon  his  Enlistment  and  in  case  pp^m* iie,  117. 
of  their  being  actually  Engag'd  in  the  service,  that  they  be  allowed  Ll*^8°ii1  946 
the  same  Bounty  including  the  Dollar  mentioned  pay  and  subsist-  note.  'Ante, 

'  Not  found  in  the  House  Journal. 


366 


Province  Laws  {Resolves, etc.).  — 1755-56.     [Chap.  95.] 


p.  304,  chap. 
345.  Post, 
chap.  97. 


ance,  as  the  Forces  already  destin'd  there  have ;  They  finding  their 
own  good  and  sufficient  Fire  arms. 

The  Pay  and  Subsistance  to  Commence  from  the  time  of  their 
Marching,  and  that  they  be  discharg'd  as  Soon  as  the  Place  is 
reduc'd  or  the  Nature  of  the  Case  will  admit  off,  or  not  exceed- 
ing the  time  the  other  Forces  are  enlisted  for. 

That  the  Enlisting  Officer  be  allowed  half  a  Dollar  for  each  Man 
so  Enlisted.  And  that  His  Excellency  the  Gov''  be  desir'd  to  inform 
the  other  Governments  of  this  Eesolve.     \^Passed  Jtme  26. 


CHAPTER    95. 

ORDER  ACCEPTING  THE   REPORT  OF   THE    COMMITTEE    AB'^   PROVIS^  & 
AMMUNITION  FOR  THE  ARMY. 


Legislative 
Records  of  the 
Council,  XX., 
505. 

Legislative 
Records  of  the 
Council,  XX., 
401, 436, 46-2,463, 
477.    House 
Journal,  p.  36. 


The  Committee  appointed  to  take  under  Consideration  his  Ex- 
cellency's Message  of  the  6^^  Instant,  have  attended  the  Service  so 
far  as  to  consider  that  Part  which  relates  to  the  Extract  of  the 
Letter  from  his  Honour  the  Governour  of  Connecticut,  &  humbly 
report  as  their  Opinion.  That  the  Provisions  shipt  from  Philadel- 
phia were  designed  for  the  Common  Service  of  the  Army  &  that  it 
will  be  most  convenient  to  settle  &  determine  the  Proportion  to  be 
assigned  for  each  Government,  when  the  Troops  shall  be  at  Albany 
the  Place  of  Rendezvous;  That  this  Province's  Part  of  said 

Provision  if  the  several  Species  be  duly  proportioned  together  with 
what  has  been  purchased  by  the  Committee  of  War  may  probably 
be  sufficient  for  the  Service  of  the  Expedition;  That  it  seems  neces- 
sary that  all  possible  Endeavours  should  be  used  by  each  Government 
to  procure  a  full  Proportion  of  Ammunition,  as  that  is  an  Article 
more  difficult  to  be  purchased  than  any  other  requisite  for  the  Service. 

All  which  is  submitted.  Per  Order  John  Otis. 


Read  & 

Ordered  that  this  Report  be  accepted. 


l^Passed  June  26. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.),  — 1755-56.  367 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Sixth  Day  of  August,  A.D.  1755. 


CHAPTER    96. 

ORDER  ALLOWING  THE   COMMISSARY  GENERAL  £14  FOR  TRANSPORTA-  Legislative 

TION  OF  HUGH  McNEAL.  Records  of  the 

Council,  XX., 
509.    Mass. 

Ordered  That  a  Sum  not  exceeding  Fourteen  Pounds  be  allowed  ^chives,  xtl... 
out  of  the  Public  Treasury  &  put  into  the  Hands  of  the  Commis-  gp^gg  jq^^, — 
sary  General  to  be  laid  out  at  his  discretion  for  providing  a  Passage  nai,  p.  121. 
and  laying  in  Stores  for  Transporting  Hugh  M'^Neal  (now  maintained  ^'ap.  149?' 
at  the  Province  Charge, )  to  his  Friends  in  Ireland.    \^Passed  August  7. 


CHAPTER    97. 

ORDER  FOR  RAISING  300  RECRUITS  FOR  THE  EXPED^  TO  CROWN  POINT 
AND  ESTABLISHING  THEIR  BOUNTY,  PAY  AND  SUBSISTENCE  AND 
FURTHER  ORDERED  THAT  THE  500  MEN  PREVIOUSLY  ORDERED  TO 
BE   ENLISTED  RECEIVE  THE  SAME  ENCOURAGEMENT. 

Ordered  That  there  be  forthwith  raised  Three  hundred  Men  to  Legislative 
reinforce  the  Expedition  to  Crown  Point  and  that  there  be  paid  to  councif  xx!^^ 
each  of  the  said  three  hundred  Men  twenty  four  Shillings  by  way  509.  Mass.  ' 
of  bounty  upon  his  enlistment,  &  twelve  shillings  more  upon  his  155.  ^^   '    ^'' 
producing  sufficient  Fire  arms  at  the  first  Muster:  and  that  the  House Jour- 
Pay  or  Wages  shall  commence  at  the  time  of  inlisting,  and  the  Pro^ince^"^' ^^^' 
Subsistence  at  the  time  of  marching  from  their  place  of  Dwelling  Laws, iii., 946, 
to  the  place  of  Rendezvous  and  that  no  deduction  shall  be  made  p^sls,  chap!  94. 
out  of  their  Pay  for  any  of  the  Bounty  they  so  receiue.  And  that 
there  be  allowed  three  Shillings  to  the  Officer  for  each  of  the  said 
three  hundred  Men  inlisted  by  him.     And  it  is  further 

Ordered  that  the  like  Bounty  &  encouragement  be  allowed  to  each 
of  the  Five  hundred  Men  to  whom  this  Court  in  their  late  Session 
allowed  Six  shillings  to  hold  himself  in  readiness  for  the  Service, 
including  the  said  Six  Shillings.  And  his  Hon'  the  Lieu*  Gov'  is 
desired  to  give  orders  for  said  Men  to  March  in  Companies  as  fast 
as  they  are  compleated  to  join  the  other  Forces  already  gone  on 
the  Expedition  to  Crown  Point.  And  to  acquaint  the  other  Gov- 
ernments concerned  in  this  Expedition  of  these  Resolutions  &  urge 
them  to  raise  a  proportionable  number  of  Men  for  the  said  Service. 
{^Passed  August  7.* 

_'  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  August  8. 


368 


Province  Laws  {Resolves^  etc.).  — 1755-56.    [Chaps.  98,  99.] 


CHAPTEK    98. 

ORDER  ALLOWING  THE  ACCO'^  OF  THE  TREAS»  OF  WORCESTER  COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
510.    Mass. 
Archives, 
ccxlviii.,  168. 

House  Jour- 
nal, pp.  13,  31, 

125,  126. 


An  Accompt  presented  by  M""  Gardner  Chandler,  Treasurer  of 
the  County  of  Worcester  for  the  last  Year,  having  been  by  him 
laid  before  the  Court  of  General  Sessions  of  the  Peace  for  the  said 
County,  and  by  them  allowed, 

Eead  & 

Ordered  That  this  Acco*  be  allowed,  and  that  the  Sum  of  Eighty  Six 
Pounds  Nineteen  Shillings  &  three  pence  one  farthing,  the  said  Treas- 
urer be  Accountable  to  &^  County  for:  And  that  he  be  Accountable 
for  the  Sum  of  Twenty  one  Pounds  Nineteen  shilP  &  four  pence 
New  Tenor,  outstanding  of  the  Woodstock  Taxes  granted  in  the 
years  1748  &  1749:  and  the  Sum  of  Nine  pounds  fifteen  Shillings 
&  eight  pence  LawfuU  Money  for  the  year  1750;  &  six  Pounds  thir- 
teen Shillings  &  five  pence  for  the  year  1751,  and  six  pounds  thir- 
teen Shillings  &  five  pence  for  the  year  1752,  the  said  Treasurer  be 
further  Accountable  to  said  County  for.     \_Passed  August  8. 


CHAPTER    99. 


ORDER  IMPOWERING  JOHN  BOND  AND  JOHN  BOND,  JR,  TO  SELL  LAND 
AND  MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 


Legislative 
Records  of  the 
Council,  XX., 
510.    Mass. 
Archives.xix., 
311. 

Mass. 

Archives,  xix., 
310.    House 
Journal, 
pp.  122, 125. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  John  Bond  &  others  for  themselves  &  the  other 
Heirs  of  Ezra  King  late  of  Brimfield  dec*^  shewing  that  by  the 
Death  of  Adonijah  King  a  Minor  one  of  the  Heirs  of  the  said 
Ezra,  his  part  of  the  said  Estate  which  falls  to  the  said  Heirs, 
must  if  divided  among  the  Heirs  be  cut  into  very  small  Parts, 
therefore  Praying  that  some  of  the  Petitioners  may  be  impowered 
to  sell  their  Interest  in  Thirty  one  Acres  of  Land  mentioned  in 
the  Petition,  and  the  Money  arising  thereon,  after  the  Charges  of 
the  Funeral  of  the  said  Adonijah,  be  distributed  among  the  rest 
of  the  Heirs. 

Eead  and 

Ordered,  That  the  Prayer  of  this  Pet°  be  granted,  and  that  John 
Bond  &  Jn°  Bond  jun''  be  and  hereby  are  Authorized  &  impowered 
to  Sell  the  thirty  One  Acres  therein  Mentioned  for  the  most  the 
same  will  fetch,  &  make  &  Execute  a  Good  Deed  of  Sale  in  Law 
for  the  same ;  they  giving  sufficient  Caution  to  the  Judge  of  Pro- 
bate for  the  County  of  Worcester,  that  the  money  arising  by  the 
Sale  thereof  be  distributed  among  the  Heirs  or  legal  representa- 
tives of  Adonijah  King  dec*^  according  to  the  Law  of  this  Prov- 
ince relating  to  the  Distribution  of  Intestate  Estates,  as  they  shall 
respectively  come  of  Age,  together  with  the  Interest  that  shall 
become  due  thereon;  y^  funeral  Charges  of  the  s,^  Adonijah,  and 
the  charge  of  Selling  y®  s*^  Land  being  first  deducted.  [^Passed 
August  8. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  369 


CHAPTER    100. 

ORDER  TRANSFERRING  £1,000  FROM  APPROPRIATIONS  FOR  FORTS  AND  Legislative 
GARRISONS  AND    £1,000  FROM    THE    APPROPRIATION    FOR    THE    COM-  j?«cord8  of  the 
MISSARY    GEN^,    TO    THE    APPROPRIATION    FOR    THE    CROWN    POINT  ^j^'^uncii,  xx., 
EXPEDITION. 


Laws,  iii.,  861, 


House  Jour- 
nal, p.  126. 

Ordered  that  there  be  a  Transfer  from  the  Appropriation  for  Laws^uf 
Forts  &  Garrisons  of  One  Thousand  Pounds,  and  also  a  Transfer  chap.'4.  " 
from  the  Appropriation  for  Commissarys  Disbursements  &c^   of 
One  Thousand  Pounds  to  the  Appropriation  for  the  Crown  Point 
Expedition.     [^Passed  August  8. 


CHAPTER    101. 

ORDER  ALLOWING  THE  ACC^  OF  THE  TREAS«  OF  YORK  COUNTY. 


An  Accompt  presented  by  [Jeremiah  Moulton,]  ^  Treasurer  of  the  Legislative 
County  of  York,  for  the  last  Year,  having  been  by  him  laid  before  coundf  xx*^^ 
the  Court  of  General  Sessions  of  the  Peace  for  the  said  County  &  5ii.  Mass. '' 
by  them  allowed.  4l^ivili^.!'i63. 

Read  and  Mass. 


Ordered  That  this  Account  be  allowed;  and  that  the  Balance  ^e^xivHf%63 
thereof  being  twelve  pounds,  fourteen  Shillings  &  four  pence  the  House  j'our-' 
said  Treasurer  be  further  Accountable  to  said  County  for.  \_Passed  °^^_' pp- ^^^ ^i- 
August  8. 


CHAPTER    102. 

ORDER  IMPOWERING  ESTHER  DAVIS,  ADM^,  TO  SELL  REAL  ESTATE  AND 
MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Esther  Davis  Widow  of  Ebenezer  Davis  late  of  Legislative 
Acton  dec*^  And  Administratrix  of  his  Estate  shewing  that  in  his  councif,  xx!,  ^ 
Lifetime  he  built  a  new  House  upon  his  Land  but  left  it  unfinished,  Archi^^s^^xix 
and  a  considerable  Debt  on  his  Estate,  &  therefore  Praying  for  Lib-  309. 
erty  to  sell  an  old  House  &  Barn,  belonging  to  said  Estate,  for  fin-  Mass. 
ishing  the  said  new  House  &  Payment  of  said  Debts.  m'^House^'^'' 

Read  and  Jo™^, 

Ordered  That  the  Prayer  of  this  Petition  be  granted.  And  that 
the  Pet'  in  her  said  Capacity  of  Admin^  be  and  hereby  is  impow- 
ered  to  sell  the  Old  House  and  Barn  Mentioned  for  the  most  the 
same  will  fetch,  the  proceeds  thereof  to  be  applied  by  her  towards 
paying  the  Debts  of  the  Dec<^  &  finishing  the  new  house  mentioned, 
She  to  be  accountable  to  the  Judge  of  Probate  for  the  County  of 
Middlesex  for  the  overplus  if  any  there  be.     \_Passed  August  9. 

'  Inserted  from  Mass.  Archives,  ccxlviii.,  163. 


pp.  127, 129. 


370 


Province  JjAVfs  {Resolves, etc.).  — 1755-56.  [Chaps.  103, 104.] 


CHAPTEE    103. 


Legislative 
Becords  of  the 
Council,  XX., 
512.    Mass. 
Archives, 
Ixxiv.,  489. 

Mass. 
Archives, 
Ixxiv.,  489. 
House  Jour- 
nal, pp.  126, 127, 
128. 


ORDER    DESIRING    THE    LIEUT    GOVERNOR    TO    ASSIGN    JN^  FLETCHER 
TO  GARRISON  DUTY  ON  THE   WESTERN  FRONTIERS. 

A  Petition  of  John  Fletcher  of  Billerica,  shewing  that  he  en- 
listed into  the  Service  of  the  Expedition  against  Crown  Point,  but 
was  hindred  from  proceeding  therein  by  Sickness,  and  being  now 
so  far  recovered  as  to  be  able  to  perform  the  Duty  of  a  Garrison 
Soldier,  praying  that  he  may  be  placed  in  one  of  the  Forts,  & 
allowed  his  Pay  from  his  first  Enlistment. 

Read  and 

Ordered,  That  the  Prayer  of  this  Petition  be  granted,  &  that 
his  Honour  the  Lieu*  Governor  be  desired  to  place  the  Pet^  in  One 
of  his  Majesty's  Garrisons  on  the  Western  Frontier  of  the  Prov- 
ince to  supply  such  Vacancy  as  may  be  made  by  reason  of  any  per- 
son's inlisting  into  the  Crown-Point  Expedition;  and  that  he  be 
allowed  pay  and  Subsistence  from  the  time  of  his  inlistment  into 
the  Crown  point  Expedition.     \^Passed  Augiist  9. 


CHAPTEE    104 


Legislative 
Records  of  the 
Council,  XX., 
513.    Mass. 
Archives, 
Ixxiv.,  493. 

House  Jour- 
nal, pp.  130, 134. 
Ante,  p.  343, 
chap.  41. 


VOTE  REFERRING  TO  THE  ACT    IN    REGARD    TO    SCOUTS,   SCALPS    AND 

GARRISONS. 

Whereas  It  is  provided  in  the  Scalp  Act  of  this  Government, 
That  Every  Company  of  Voluntiers  shall  be  Obliged  As  often  as 
they  March  to  be  out  at  least  thirty  days,  &  to  carry  with  them 
provisions  for  the  whole  time,  which  now  Appears  to  the  House 
to  be  inconvenient. 

Therefore 

Voted  that  the  Said  Companys  shall  not  be  held  to  exceed  the 
Number  of  Twenty  days  from  the  time  of  their  going  out  to  the 
time  of  their  return,  nor  to  carry  more  than  20  days  provisions 
with  them  On  Each  March 

And  whereas  in  the  Aforesaid  Act,  The  Commissary  General  is 
directed  to  deliver  out  to  the  s*^  Companys  provisions  for  One  March 
only;  and  no  Company  is  to  consist  of  less  than  thirty  men  which 
is  also  Apprehended  to  be  inconvenient.  Therefore 

Voted  that  the  Commissary  General  may;  &  he  hereby  is  directed 
to  deliver  out  to  Each  Company  the  like  quantity  of  provisions  for 
Every  march  they  are  respectively  to  perform  as  afores*^  And  that 
the  Number  of  Twenty  five  men,  shall  henceforward  be  deemed  a 
Company.     [Passed  August  12. 


[2d  Sess.]     Province  Laws  (Besolves,  etc.).  — 1755-56.  371 


CHAPTEK    105. 

ORDER  ACCEPTING  REPORT  ON  PET^  OF  JOSHUA  WINSLOW,  ESQ*,  AND 
IMPOWERING  HIM  TO  EXPORT  PROVISIONS  TO  SURINAM. 

A  Petition  of  Joshua  Winslow  Esq""  of  Boston  Merch*  Praying  Legislative 
that  a  Vessel  belonging  to  him  bound  for  Surinam,  Duncan  Ingra-  councfuxxff^ 
ham  Master,  may  be  permitted  to  proceed  thither,  upon  his  giving  ^^^j^j^^''^®^;  * 
Bond  at  the  Impost  Office.  121        '  "   '' 


The  Committee  to  whom  was  referred  the  above  Petition  beg  Mass. 
Leave  to  report  that  they  are  humbly  of  Opinion  that  the  Prayer  ^o^'^House^'' 
thereof  be  granted,  &  that  the  Commissioner  of  Impost  be  &  hereby  Journal, 
is  impowered  to  take  Bond  of  One  Thousand  Pounds  Sterling  of  the  province"  ' 
Petitioner  for  the  Landing  the  Provisions  mentioned  in  the  Petition,  J^'^ipV"94F^' 
within  the  Port  of  Surinam ;  provided  the  Quantity  exceed  not  Eighty  note. 
Barrells ;  and  that  the  Chief  Officer  of  said  Vessel  on  his  Eeturn  make 
Oath  that  the  said  Provisions  were  actually  Landed  within  the  Port 
aforesaid.  All  which  is  humbly  submitted 

Per  Samuel  Watts  per  Order, 

Read  and 

Ordered  that  the  Eeport  be  Accepted.     [^Passed  August  12. 


CHAPTEE    106. 

VOTE  FOR  DELIV«  GUN  POWDER  TO  CAPT.  JOHN  WYNN.  Legislative 

Records  of  the 
Council,  XX., 

Voted  that  His  Honour  the  Lieutenant  Governour  &  Commander  ^^3^ 

in  Chief  be  desired  to  give  Orders  that  half  a  Barrell  of  Powder  be  Mass. 
delivered  out  of  the  Province  Stock  to  Capt.  Wynn,  bound  out  with  ixxiv.^lli. 
a  Party  of  Men  on  the  Scalping  Act  against  the  Enemy,  he  giving  ^°i"pf/]?>9''i32. 
Security  to  the  Commissary  General  for  replacing  the  same  in  the  ^n<e,  p.343, 

.  x^  o  oh  flit   4-1 

Province  Magazine,  within  three  Months.     \_Passed  August  12. 


CHAPTEK    107. 

VOTE  DESIRING  THE   LEU^^  GOVERNOR  TO  APPOINT  A  FAST. 

Voted  that  his  Honour  y®  Leiv"  Governour  with  y^  advice  of  his  Legislative 
majesties  Councell  be  Desired  to  Issue  a  Proclamation  for  a  day  of  councif  xx!^^ 
solemn  fasting  and  Prayer  to  be  observed  through [ou]t  this  Prov-  513.  Mass.  ' 
ince  to  Humble  ourselves  before  God  Under  a  sense  of  our  mani-  671.        ' '    '' 
fold  Transgresions,  which  have  Provoked  a  Eighteous  God  to  frown  Mass. 
upon  us  and  Earnestly  to  seek  the  Divine  Presence  and  Blessing  ^y^^House"*'* 
with  the  Forces  Gone  and  going  forth  against  our  Enemies  &  that  Journal,  p.  132. 
all  servile  Labour  &  Recreations  be  forbidden  on  said  day.'    \^Passed  and  Thanks- 

Auqust  12.  gi^'ng  Days 

*'  of  New  Eng- 

*  The  fast  was  appointed  for  August  28,  1755,  and  was  public.  ' 


372 


Province  Ijaws  {Besolves,  etc.),  — 1755-56.  [Chaps.  108-111.] 


Legislative 
Records  of  the 
Council,  XX., 
614.    Mass. 
Archives,  cxx., 
5!)(1). 

House  Jour- 
nal, Tp.  137. 
Province 
Laws,  iii.,  817, 
note. 


CHAPTER    108. 

VOTE  APPOINTING  A  COMTee  fqR  FARM°  THE  EXCISE  ON  TEA  COFFEE 
&  CHINA  WARE  IN  SUFFOLK  COUNTY. 

In  the  House  of  Eepresentatives 
Voted,  That  Jeremy  Gridley  and  Samuel  Miller  Esq"  with  such 
as  the  Hon^^^  Board  shall  join,  be  a  Com'*'''  to  Farm  out  the  Excise 
on  Tea,  Coffee  and  China  Ware,  for  the  County  of  Suffolk. 
In  Council 
Eead  and  Concured  and  Sam^  Watts  Esq"^  is  join'd  in  the  Affair. 
[Passed  August  13. 


CHAPTEE    109. 

VOTE  APPOINTING  A  COMTee  fqR  FARM«  THE  EXCISE  ON  TEA  COFFEE 
&  CHINA  WARE  IN  ESSEX  COUNTY. 

Recordfof  the  ^^  ^^^  House  of  Eepreseiitativcs ; 

Council,  XX.,  Voted  that  John  Leach  &  Daniel  Epes  jun'  Esq"  with  such  as  the 

— '- hon*"'^  Board  shall  join,  be  a  Committee  to  farm  out  the  Excise  on 

na^i^p^  137: '^"      Tea,  Coffee  &  China  Ware  for  the  County  of  Essex. 

Laws°m  817        ^^  Council ;  Eead  &  Concur'd ;  And  Benjamin  Lynde  Esq""  is  joined 

note. '     '     '   in  the  Affair.     [Passed  August  IS. 


Legislative 
Records  of  the 
Council,  XX., 
514.    Mass. 
Archives,  cxx., 
58(2). 

House  Jour- 
nal, p.  137. 
Province 
Laws,  ill.,  817, 
note. 


CHAPTER    110. 

VOTE  APPOINTING  A  COM^ee  fqR  FARM«  THE  EXCISE   ON  TEA  COFFEE 
&  CHINA  WARE  IN  MIDDLESEX  COUNTY. 

In  the  House  of  Eepresentatives 
Voted  That  William  Lawrence  Esq""  and  M'  James  Eussell  with 
such  as  the  HonV®  Board  shall  join  and  be  a  Committee  to  farm 
Out  the  Excise  on  Tea  Coffee  and  China  Ware  for  the  County  of 
Middlesex, 

In  Council 
Eead  and  Concurr'd  and  James  Minot  Esq'  is  joined  in  the  Affair. 
[Passed  August  13. 


CHAPTER    111. 


Legislative 
Records  of  the 
Council,  XX., 
514.    Mass. 
Archives,  cxx., 
57(3). 

House  Jour- 
nal, p.  137. 
Province 
Laws,  iii.,  817, 
note. 


VOTE  APPOINTING  A  COM'^^^  FOR  FARM«  THE  EXCISE  ON  TEA  COFFEE 
&  CHINA  WARE  IN  HAMPSHIRE  COUNTY. 

In  the  House  of  Eepresentatives 

Voted  That  Joseph  Hawley  Esq""  and  M""  Edward  Taylor,  with  such 
as  the  HonV®  Board  shall  join,  be  a  Committee  to  farm  out  the  Ex- 
cise on  tea.  Coffee  and  China  Ware,  for  the  County  of  Hampshire, 

In  Council  Eead  &  Concur'd  And  Eleazar  Porter  Esq""  is  joined 
in  the  Affair.     [Passed  August  13. 


[2d  Sess.]     Province  Laws  (Besolves,  etc).  — 1755-56.  373 


CHAPTER    112. 

VOTE  APPOINTING  A  COMtee  fqR  FARM«  THE  EXCISE  ON  TEA  COFFEE  Legislative 

&   CHINA  WARE  IN  WORCESTER  COUNTY.  Councif  xx*^^^ 

In  the  House  of  Eepresentatives  Archives,  cxx., 

Voted  That  Timothy  Pain  Esq""  and  M''  David  Wilder  with  such  House  Jour- 

as  the  Honb^^  Board  shall  join,  be  a  Committee  to  farm  out  the  nai,  p.  m. 

Excise  on  tea  Coffee  and  China  Ware  for  the  County  of  Worcester    Laws,  m.,  sn, 
In  Council  Read  and  Concurr'd  and  John  Chandler  Esq'  is  joined  °°^- 

in  the  Affair.     [Passed  August  13. 


CHAPTER    113. 

VOTE  APPOINTING  A  COM™^  FOR  FARM»  THE  EXCISE  ON  TEA  COFFEE, 
&   CHINA  WARE  IN  PLYM^  COUNTY. 

In  the  House  of  Representatives ;  r^?'^!?"^I 

Voted  that  Thomas  Foster  Esq''  and  M'^  John  Brewster  with  such  councif,  xx.,^ 
as  the  hon''''  Board  shall  join  be  a  Committee  to  farm  out  the  Ex-  ^i^- 


else  on  Tea  Coffee  &  China  Ware,  for  the  County  of  Plymouth.        na^p^.isT' 

In  Council;  Read  &  Concur'd;  And  John  Cushing  Esq""  is  joined  Province' 
in  the  Affair.     [Passed  Augiist  13.  notef'"^"®^^' 


CHAPTER    114. 

VOTE  APPOINTING  A  COM^ee  FOR  FARM«  THE  EXCISE  ON  TEA  COFFEE, 
&  CHINA  WARE  IN  BARNSTABLE  COUNTY. 

In  the  House  of  Representatives  R^^*^lf**^fth 

Voted  that  James  Otis  &  Nath'  Stone  Esquires  with  such  as  the  council,  xx., 
Hon'''^  Board  shall  Join  be  a  Committee  to  farm  out  the  Excise  on  ArchircsTcxx., 

Tea  Coffee  &  China  Ware  for  the  County  of  Barnstable.  58 (i). 

In  Council  Read  &  Concur'd  &  John  Otis  Esq""  is  joined  in  the  House  Jour. 
Affair.     [Passed  August  13.  province^' 

Laws,  ill.,  817, 
note. 


CHAPTER    115. 

VOTE  APPOINTING  A  COM^ee  fqR  FARM«  THE  EXCISE   ON  TEA  COFFEE, 
&  CHINA  WARE  IN  BRISTOL  COUNTY. 

In  the  House  of  Representatives;  Refordfofthe 

Voted  that  M'"  Jonathan  Barney  &  M""  Thomas  Moorey  with  such  council,  xx., 

as  the  hon^^^  Board  shall  join,  be  a  Committee  to  farm  out  the  Ex-  ^— 

cise  on  Tea  Coffee  &  China  Ware  for  the  County  of  Bristol.  na^'p^m"""" 

In  Council;  Read  &  Concur'd;     And  George  Leonard  Esq'  is  Province 
joined  in  the  Affair.     [Passed  August  13.  note.^'  "^''     ' 


374 


Province  Laws  {Besolves,etc.).  — 1755-56.  [Chaps.  116-119.] 


CHAPTEE    116. 


VOTE  APPOINTING  A  COM^'='=  FOR  FARM«  THE  EXCISE  ON  TEA  COFFEE, 
&  CHINA  WARE  IN  YORK  COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
615. 

House  Jour- 
nal, p.  137. 
Province 
Laws,  iii.,  817, 
note. 


In  the  House  of  Representatives; 

Voted  that  M'  John  Bradbury  &  M""  Thomas  Perkins  with  such 
as  the  hon""'^  Board  shall  join,  be  a  Committee  to  farm  out  the  Ex- 
cise on  Tea,  Coffee  &  China  Ware  for  the  County  of  York. 

In  Council;  Eead  &  Concur'd;  And  John  Hill  Esq"^  is  joined  in 
the  Affair.     [Passed  August  IS. 


CHAPTEE    117. 


Legislative 
Records  of  the 
Council,  XX., 
51.5.    Mass. 
Archives,  cxx., 
59(2). 

House  Jour- 
nal, p.  137. 
Province 
Laws,  lii.,  817, 
note. 


VOTE  APPOINTING  A  COM™e  FOR  FARM"  THE  EXCISE  ON  TEA  COFFEE, 
&  CHINA  WARE  IN  DUKES   COUNTY. 

In  the  House  of  Representatives 

Voted  that  Zacheus  Mayhew  &  John  Sumner  Esq""^  with  such  as 
the  hon'''^  Board  shall  join  be  a  Committee  to  Farm  out  the  Excise 
upon  Tea  Coffee  &  China  Ware  for  the  County  of  Dukes  County 

In  Council;  Read  &  Concur'd  &  John  Allen  Esq'  is  joined  in  the 
Affair.     [Passed  Augtist  13. 


CHAPTEE    118. 


VOTE  APPOINTING  A  COM^ee  FOR  FARM«  THE  EXCISE  ON  TEA  COFFEE, 
&   CHINA  WARE  IN  NANTUCKET   COUNTY. 


Legislative 
Records  of  the 
Council,  XX., 
515. 

House  Jour- 
nal, p.  138. 
Province 
Laws,  iii.,  817, 
note. 


In  the  House  of  Representatives; 

Voted  that  Abishai  Folger  Esq'"  &  Capt  John  Roach  with  such  as 
the  hon^^^  Board  shall  join,  be  a  Committee  to  farm  out  the  Excise 
on  Tea,  Coffee  &  China  Ware  for  the  County  of  Nantucket. 

In  Council;  Read  &  Concur'd;  And  John  Bunker  Esq"  is  joined 
in  the  Affair.     [Passed  August  13. 


CHAPTEE    119. 


Legislative 
Records  of  the 
Council,  XX., 
516.    Mass. 
Archives, 
cxvii.,  38. 

Mass. 
Archives, 
cxvii.,  37. 
House  Jour- 
nal, pp.  140, 141. 
Province 


ORDER  OF  NOTICE  WITH  STAY  OF  EXECUTION  ON  THE  PET**  OF  ELEAZ. 
WILLIAMS  &  SETH  SUMNER  TO  SET  ASIDE  JUDGMENTS. 

A  Petition  of  Eleazar  Williams  &  Seth  Sumner,  Proprietors  of 
the  new  Township  called  Dorchester  Canada,  shewing  that  Caleb 
Dana  and  Elisha  Coolidge,  (two  others  of  the  Proprietors)  under- 
took upon  certain  Conditions  to  build  a  Grist  Mill  in  said  Planta- 
tion, and  to  keep  it  in  Repair  for  Fifteen  Years,  &c*  that  th6  they 
have  done  Nothing  of  this  Work,  they  have  sued  the  Petitioners 
&  the  other  Proprietors,  at  the  Inferiour  Court  of  Common  Pleas 
for  the  County  of  Middlesex,  &  recovered  Judgment  by  Default 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  375 

in  divers  Actions,  and  Executions  are  issued  out  against  the  Peti-  ^ifa^^gj^"'^"^' 
tioners,  and  therefore  Praying  that  the  said  Judgments  may  be  set 
aside,  and  if  need  be,  the  Petitioners  may  be  allowed  another  Trial 
of  the  said  Actions,  &  that  the  Executions  may  be  staid ; 

Read  and 

Ordered  That  the  Petitioners  serve  the  adverse  Party  with  a  Copy 
of  this  Petition  that  So  they  may  Shew  cause,  if  any  they  have,  on 
the  Second  Thursday  of  the  next  Sitting  of  this  Court,  why  the 
Prayer  thereof  Should  not  be  granted:  And  That  the  Execu- 

tion within  mentioned  be  Staid  in  the  mean  time;  Provided  the 
Pet"  give  Sufficient  Security  to  the  Sheriff  of  the  County  within 
mention'd  to  pay  what  sum  shall  be  finally  recover'd  of  them  with 
the  lawful  Interest  for  the  Same  from  this  time  to  the  Day  when 
final  Judgment  shall  be  made  up.'     \_Passed  Augtcst  13. 


CHAPTER    120. 

ORDER  IMPOWERING  BENJ'^  &  EDWARD  DAVIS  TO  EXPORT  PROVISIONS 

TO   ESQUEL. 

A  Petition  of  Benjamin  &  Edward  Davis  of  Boston  Merch**  R^^'rd%^th 
shewing  that  they  have  a  Vessel  lately  arrived  from  Esquel  near  council,  xx., 
Suranam,  whither  she  is  obliged  to  return  and  take  in  the  Effects  Archi^es^^ixv. 

of  her  Cargo,  and  therefore  praying  that  She  may  be  allowed  to  ^^ \ 

carry  Provisions  there,  upon  the  Petitioners  giving  Bond  as  usual.  Mass. 

-D*^     1  1  &  o  Archives,  Ixv., 

Kead  and  ^  122.  House 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted,  as  pp"[^5^'i4o 
that  the  Comissioner  of  Impost  be  and  hereby  is  impowered  to  take 
Bond  of  One  thousand  Pounds  sterl^  of  the  Pef®  for  y®  landing  of 
the  Provisions  mentioned  therein  at  the  Port  of  Esquel,  provided 
that  the  quantity  does  not  exceed  one  hundred  bar'^  and  that  the 
chief  Officer  of  said  Vessel,  on  his  return  make  oath  that  the  said 
provisions  were  actually  landed  within  the  Port  aforesaid.  And  that 
upon  his  taking  the  said  Oath  the  said  Bond  be  cancelled.  [^Passed 
August  13. 

CHAPTER    121. 

ORDER  IMPOWERING  MARG^  SPRING,  ADM^,  TO  SELL  LAND  AND  MAKING 
PROVISION  IN  REGARD   TO  THE  PROCEEDS. 

A  Petition  of  Margaret  Spring  of  Weston  Widow  of  Thomas  Legislative 
Spring  Dec*^  and  Administratrix  of  his  Estate,  &  also  Administ^  Councif  xx!*** 
on  the  Testament  of  Elisabeth  Upham  of  Weston  of  which  Testa-  515.  Mass.  ' 
ment  the  said  Thomas  was  appointed  Executor,  that  therein  were  307?  ^^   ' '  '  ' 
contained  divers  Bequests  or  Legacies  in  Money  but  no  Personal  Mass. 
Estate  left  to  discharge  them,  therefore  Praying  that  the  Petitioner  ^6*^^House^^" 
may  be  impowered  to  sell  some  Lands  which  the  said  Thomas  held  Journal, 
in  Partnership  with  others,  (which  is  uncapable  of  Division)  for  the  Frovince*"^' 
Pavment  of  the  said  Legacies  &c^  ^►JV^^'in'^^^' 

^  o  chap.  10. 

Kead  and 

Ordered,  That  the  Prayer  of  this  Pet°  be  so  far  granted,  as  that 

the  said  Margaret  be  &  hereby  is  impowered  in  her  said  Capacity 

^  At  the  hearing,  February  2,  1756,  House  Journal,  p.  304,  this  petition  was  dismissed. 


376 


Province  JjAws  (Besolves,  etc.).  — 1755-56.  [Chaps.  122,  123.] 


of  Admin^  to  make  Sale  of  that  part  of  the  Lands  therein  men- 
tioned belonging  to  the  said  Thomas  Spring  deceased  for  the  most 
the  same  will  fetch,  &  to  make  and  execute  a  good  and  sufficient  Deed 
or  Deeds  of  the  same  as  fully  as  s"^  Heirs  could  do  if  of  full  age ; 
She  to  be  accountable  to  the  Judge  of  Probate  for  the  County  of 
Midd^  for  the  produce  of  Said  Sale  which  after  the  Debts  &  Legacies 
mentioned  be  first  paid,  is  to  be  divided  among  the  Heirs  of  the  s^ 
Thomas  According  to  Law.     [Passed  August  14.^ 


CHAPTEK    122. 


Legislative 
Records  of  the 
Council,  XX., 
517.    Mass. 
Archives, 
Ixxiv.,  494. 

House  Jour- 
nal, p.  142. 
Province 
Laws,  ill.,  948, 
note.    Ante, 
p.  343,  chap.  41. 


VOTE  DESIRING  THE  COMMANDER  IN  CHIEF  TO  ENLIST  TEN  ADDI- 
TIONAL MEN  FOR  THE  SCOUT  BETWEEN  CONNECTIC^  &  MERRIMACK 
RIVERS. 

Voted  That  his  Honour  the  Commander  in  chief  be  desired  to 
give  Orders  for  the  inlisting  Ten  Men  as  an  addition  to  the  thirty 
men  already  Ordered  to  Scout  between  Connecticut  &  Merrimack 
Eivers,  the  said  Ten  Men  to  be  imployed  in  said  service  for  a  term 
not  exceeding  Six  Weeks.     [Passed  August  14. 


CHAPTEE    123. 

VOTE  CONFIRMING  THE  MINISTERIAL  TAXES  LEVIED  AND  ASSESSED 
IN  THE  TAUNTON  &  MIDDLEBORO  PRECINCT  AND  IMPOWERING  THE 
COLLECTORS  TO  DEMAND   AND   RECEIVE  THE  SAME. 


Legislative 
Records  of  the 
Council,  XX., 
518.    Mass. 
Archives,  xiii., 
670. 

Mass. 
Archives, 
cxvii.,  34-36. 
House  Jour- 
nal, pp.  129, 138, 
141.    Province 
Laws,  iii.,  714, 
chap.  23. 


A  Petition  of  Benjamin  Paul  &  Zebiilon  Leonard,  two  of  the 
Committee  of  the  Precinct  called  Taunton  &  Middleborough,  Pre- 
cinct, shewing  that  by  a  Vote  passed  in  a  Meeting  of  the  said  Pre- 
cinct a  Tax  was  granted  for  the  Support  of  the  Ministry  &  committed 
to  the  Collectors  of  said  Precinct,  but  great  Difficulties  are  arisen 
in  levying  the  same,  because  one  of  the  Committee  who  called  the 
said  Meeting  had  not  taken  the  Oath  respecting  the  Bills  of  Credit 
of  the  Neighbouring  Governments,  Praying  that  this  Court  would 
confirm  the  Proceedings  in  said  Meeting,  Notwithstanding  said 
Omission. 

Voted,  That  the  Taxes  raised  &  Assessed  on  The  Inhabitants  of 
the  abovementioned  Precinct,  be  and  they  hereby  are  declared  good 
and  Valid  in  Law  to  all  intents  and  purposes,  altho  one  of  the  said 
Com*''®  who  granted  the  Warrant  for  Calling  the  meeting  for  the 
raising  said  Taxes  omitted  taking  the  oath  required  by  Law  respect- 
ing the  paying  and  receiving  the  Bills  of  Credit  of  the  neighbour- 
ing Governm*^  And  that  the  Collectors  of  Taxes  in  said  precinct  be 
and  they  herby  are  as  fully  Authorized  to  collect,  demand  &  receive 
the  several  Sums  Committed  to  them  to  Collect  of  the  Several  In- 
habitants by  said  Tax  as  they  would  have  been,  had  all  the  Com'^' 
who  called  the  said  Meeting,  taken  the  said  Oath  required  by  Law. 
[Passed  August  14. 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  August  13. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  377 


CHAPTEK    124. 

VOTE  FOR  INLISTING  ADDITIONAL  RECRUITS  AT  FORT  DUMMER, 

A  Petition  of  Nathan  Willard  Commander  of  Fort  Dummer,  Legislative 
shewing  that  the  Number  of   the  Garrison  Soldiers   there  is  so  councif,  xx!^^ 
reduced  as  renders  it  hazzardous,  that  upon  the  Appearance  of  520.  Mass.  ' 
any  Body  of  the  Enemy  it  will  fall  into  their  Hands,  Praying  that  ixxiv.,487. 


the  said  Garrison  may  be  reinforced.  Mass 

Bead  and         _  _  i^^^lti. 

Voted,  That  his  Honour  the  Commander  in  chief  be  desired  to  House'jour- 
give  Directions  to  y"  Memorialist  Nathan  Willard  to  inlist  six  Men  fio.' ^'province' 
for  a  term  not  exceeding  six  Weeks  as  an  Augmentation  of  the  forces  note^'"nie*^' 
already  posted  at  Fort  Dummer,  None  of  the  said  six  men  to  be  p.  343,  chap!  41. 
inhabitants  of  that  place  or  of  the  Lands  round  about  y^  same  except 
Daniel  Sargent  who  is  now  there;  and  that  each  of  the  said  six  Men 
be  paid  one  Dollar  as  a  Bounty  On  their  inlistment  as  aforesaid. 
[Passed  August  1-i.^ 


CHAPTEE    125. 

VOTE  DESIRING  THE  LIEUT.  GOVERNOR  TO  GIVE  ORDERS  FOR  A 
GUARD  OF  THIRTY  MEN,  TO  PROTECT  THE  STORES  TO  BE  SENT  TO 
FORT  HALIFAX  AND  THE   WORKMEN  EMPLOYED   THERE. 

Voted  that  His  Honour  the  Lieuten*  Governour  be  desired  to  give  Legislative 
Orders  that  a  Detachment  of  Thirty  Men  be  made  out  of  the  sev-  gounc'if  xx*^^ 
eral  Companies,  raised  for  the  Defence  of  the  Eastern  Frontiers,  521. 
that  are  destined  to  march  from  New  Boston  to  Frankfort ;  &  to  Mass. 
Frankfort  to  the  Block  House  on  S*  Georges  Eiver,  &  to  be  em-  ^^xh'^.^49'5. 
ployed  in  guarding  the  Provisions  &c^  up  to  Fort  Halifax,  &  in  ^a^i"®^'''i'42'^i43 
Guarding  the  Workmen  while  at  Work,  as  the  Commanding  Officer  Anu^^.ui, 
of  said  Fort  shall  order;  and  that  his  Honour  the  Lieutenant  Gov-  ^''^^p-*!- 
ernour  be  desired  immediately  to  give  Orders  to  the  respective  Cap- 
tains of  the  said  Companies,  to  furnish  their  Proportions  of  the  said 
Thirty  Men,  specifying  the  Number  that  each  is  to  furnish,  who  are 
to  repair  to  the  Commanding  Officer  of  said  Fort,  without  Loss  of 
time,  And  in  Order  that  the  said  Soldiers  so  draughted  may  be  sat- 
isfied with  their  Duty,  the  Commanding  Officer  afores*^  is  to  assure 
them  in  the  Name  &  Behalf  of  the  Government  that  eJEfectual  Care 
shall  be  taken  to  releive  them  in  a  time  not  exceeding  three  Months 
from  this  time.     [Passed  August  14.^ 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  August  15. 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  August  15. 


378 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  126, 127.] 


CHAPTEK    126. 


Legislative 
Records  of  the 
Council,  XX., 
517.    Mass. 
Archives, 
Ixxiv.,  496. 

House  Jour- 
nal, p.  143. 


VOTE  REFERR«  TO  SOLD^s  IN  SERVICE  THAT  HAVE  RECOVERED  JUDG- 
MENTS, &c^. 

Whereas  it  appears  to  this  Court  that  divers  persons  who  are 
now  employed  in  his  Majesty's  Service  have  obtained  Judgments 
in  the  Executive  Courts  for  their  Debts  or  Damages  and  Costs;  but 
it  so  happens  that  their  Executions  cannot  be  issued  out  of  the  said 
several  Courts  by  reason  said  Plaintiffs  have  no  opportunity  to  take 
the  previous  Oath  respecting  their  receiving  or  paying  in  this  Gov- 
ernm*  any  Bill  or  Bills  of  Credit  of  the  Governm*^  of  Connecticut, 
New  Hampshire  or  Ehode-Island :     Therefore 

Voted,  That  where  it  appears  to  the  Clerks  of  the  respective 
Executive  Courts  that  any  person  or  persons  are  in  said  Service  & 
were  gone  into  the  same  before  there  Judgm*^  were  recovered  (either 
by  Certificate  from  the  Muster-Master,  or  Oath  of  their  Attorney,) 
in  every  such  Case  it  shall  be  lawful  for  the  Clerks  aforesaid  respec- 
tively, and  they  are  hereby  directed  to  issue  said  Executions,  &  to 
certify  thereon  that  the  said  Plaintiffs  are  in  the  Actual  Service  of 
the  Province,  and  the  same  Executions  shall  be  good  &  Valid  in  the 
Law  to  all  Intents  &  purposes  whatsoever.     \^Passed  August  15.^ 


CHAPTER    127. 

RESOLVE  DESIRING  THE  LIEUT.  GOVERNOR  TO  DISMISS  DAVID  INGER- 
SOL,  ESQ",  FROM  ALL  POSTS  OF  HONOR  OR  PROFIT,  AND  DIRECTING 
THE  ATTY  GEN^-  TO  BRING  SUIT  FOR  THE  RECOVERY  OF  MONEY 
DUE  PROVINCE. 


Legislative 
Records  of  the 
Council,  XX., 
518. 

Mass. 

Archives,  1., 
289-298.    Leg. 
islative  Rec- 
ords of  the 
Council,  XX., 
479,502.  House 
Journal,  pp.  22, 
25,  70,  71, 112, 
143,144,147,148. 


In  Council;  Whereas  it  appears  to  this  Court  that  David  Inger- 
sol  Esq'  of  Sheffield  hath,  in  Violation  of  his  Trust  as  one  of  the 
Select  Men  of  said  Town  been  guilty  of  defrauding  the  Govern- 
ment of  the  Sum  of  Forty  two  Pounds  fourteen  Shillings  &  eight- 
pence  in  Manner  &  Form  as  set  forth  in  the  Eeport  of  a  Committee 
of  this  Court  of  13*^  of  June  last;  and  whereas  the  said  David  & 
the  Rest  of  the  Select  Men,  together  with  Luke  Noble,  Constable 
of  said  Town  were  ordered  to  attend  this  Court  on  the  first  day  of 
their  present  Sitting,  in  order  to  his  being  examined  concerning  the 
forementioned  Fraud,  at  which  time  the  Parties  aforesaid  (except 
the  said  David)  accordingly  attended,  and  by  their  Testimony  the 
Fraud  was  made  fully  evident.     Therefore, 

Resolved  that  the  said  David  is  unworthy  to  sustain  any  Office  or 
Post  either  of  Honour  or  Profit  within  this  Government;  and  that 
his  Honour  the  Lieuten'  Governour  be  accordingly  desired  to  dis- 
miss the  said  David  from  any  Post  he  may  sustain  in  the  Militia, 
and  that  His  Honour  would  likewise  with  the  Advice  &  Consent 
of  his  Majesty's  Council,  remove  the  said  David  from  the  Office  of 
a  Justice  of  the  Peace  or  any  other  Civil  Office  he  may  sustain  in 
the  Government.  And  Edmund  Trowbridge  Esq""  Attorney  General 
is  hereby  impowered  &  directed  to  commence  &  pursue  an  Action 
on  behalf  of  this  Government,  for  recovery  of  the  Moneys  of  which 

^  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  the  date  is  August  14. 


[2d  Sess.]     Province  Laws  (Hesolves,  etc.).  — 1755-56.  379 

he  the  said  David  hath  defrauded  this  Province;  and  also  all  Charges 
that  have  arisen  or  may  arise  thereby ;  and  to  prosecute  him  by  filing 
an  Information  against  him  for  the  Fraud  aforesaid,  or  otherwise 
according  to  Law:  In  the  House  of  Eepresentatives ;  Eead  and 

Concur'd.     [Passed  August  15. 


CHAPTER    128. 

ORDER  REFERRING  ALL  UNFINISHED  MATTERS. 

Ordered  that  all  Matters  &  Things  that  had  Day  at  this  Sitting  Legislative 
of  the  Court  which  have  not  or  shall  not  be  passed  upon  before  the  councff.xx^l^^ 

Court  rise,  be  referred  over  &  have  the  same  day  at  the  next  Sitting  ^_}^ 

of  the  Court.     \ Passed  August  15.  House  Jour- 

■-  '^  nal,  p.  147. 


CHAPTER    129. 

VOTE  IN  REGARD   TO  ATTACHING  THE  PENOBSCOT  INDIANS  AS  ALLIES. 

Whereas  on  the  10*^  day  of  June '  last,  this  Court  agreed  that  in  Legislative 
the  Declaration  of  War  the  Penobscot  Tribe  of  Indians  should  be  councif,  xx!f ^ 
exempted,  and  that  an  Offer  should  be  made  them  that  in  Case  520. 
they  would  bring  in  their  Invalids  their  Women  &  Children,  they  Mass. 
should  be  taken  under  the  Protection  of  this  Government  and  be  xxxu\^662-667. 
supported  by  it,  and  that  the  remaining  part  of  their  Tribe  (being  ^°j"®®  "^s^n- 
their  able  bodied  &  effective  Men)  should  act  offensively  with  us  128.'  Ante, 
against  the  other  Tribes,  in  order  to  preserve  Friendship  between  ^'     >  *^  ^p-    • 
us  &  the  said  Tribe;  And  Whereas  notwithstanding  the  said  Pro- 
posals made  them,  the  Government  remain  at  Uncertainty  as  to 
what  are  their  Eesolutions  on  this  Head,     Therefore, 

Voted  that  his  Honour  the  Commander  in  Chief  be  desired  as 
soon  as  may  be,  to  write  to  the  said  Tribe  of  Indians  &  acquaint 
them  that  this  Government  think  it  necessary  for  their  Safety,  as 
well  as  ours,  that  they  forthwith  accept  the  said  Proposals,  other- 
wise their  Eefusal  or  Delay  will  constrain  them  to  treat  them  as 
Enemies,  in  Common  with  the  other  Tribes,  against  whom  War 
has  been  declared. 

And  to  prevent  their  pleading  in  Excuse,  for  Eefusing  the  afore 
mentioned  Proposals,  Our  therein  Insisting  upon  their  taking  up 
Arms  with  us  against  the  other  Tribes  as  aforesaid.  To  inform  them 
that  it  will  be  satisfactory  to  this  Government,  If  instead  thereof, 
their  young  Men  come  in  with  the  Eest  of  their  Tribe  &  put  them- 
selves under  the  Care  &  Protection  of  this  Government.  And  that 
his  Honour  do  likewise  give  them  Assurance  that  any  Matters  of 
Grievance  that  may  have  occurred  since  the  last  Treaty  with  them 
at  Falmouth  shall  be  duly  inquired  into,  as  soon  as  conveniently 
may  be,  (their  immediate  Compliance  with  the  said  Proposals  not- 
withstanding;) And  that  such  Measures  shall  be  taken  for  their 
quiet  &  Satisfaction,  as  upon  such  Inquiry  shall  appear  to  be  just 
&  reasonable.     [Passed  Aiigust  15. 

^  "July,"  in  Legislative  Records  of  the  Council,  xx.,  520,  which  is  incorrect. 


380 


Province  Laws  {Resolves^  etc.).  — 175 5-5 6 .  [ Chaps .  130-132.] 


Legislative 
Records  of  the 
Council,  XX., 
5'21.    Mass. 
Archives, 
ccxlviii.,  182. 

Mass. 
Archives, 
ccxlviii.,  182. 
House  Jour- 
nal, pp.  13,  31, 
148. 


CHAPTEK    130. 

ORDER  ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  BRISTOL 

COUNTY. 

An  Accompt  presented  by  M""  Robert  Luscomb  Treasurer  of  the 
County  of  Bristol  for  the  last  Year,  having  been  by  him  laid  before 
the  Court  of  General  Sessions  of  the  Peace  for  the  said  County  & 
by  them  allowed. 

Read  and 

Ordered  That  this  Account  be  Allowed,  except  one  Article  of 
fourteen  Shillings  paid  Ebenezer  Linken  for  which  there  is  no 
Voucher,  And  that  the  Ballance  thereof  being  thirty  one  Pounds 
And  one  penny  half  penny  (including  the  said  fourteen  Shillings) 
the  said  Treasurer  be  further  accountable  to  said  County  for. 
l^Passed  August  16. 


CHAPTEK    131. 

ORDER  ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  SUFFOLK 

COUNTY. 

Records*of  the      ^^  AccoMPT  presented  by  Richard  Bill  Esq''  Treasurer  of  the 
Council,  XX.,     County  of  Suffolk  for  the  last  Year,   having  been  by  him  laid 
before  the  Court  of  General  Sessions  of  the  Peace  for  the  said 
County  &  by  them  allowed. 
Read  & 

Ordered  that  this  Accompt  be  allowed  &  that  the  Ballance  thereof, 
being  Twenty  four  Pounds  three  Shillings  &  five  pence  farthing  the 
said  Treasurer  be  further  accountable  to  said  County  for.  \^Passed 
August  16. 


522. 

House  Jour- 
nal, pp.  13,  31, 
148. 


CHAPTEK    132. 


Legislative 
Records  of  the 
Council,  XX., 

522.    Mass. 
Archives, 
Ixxiv.,  420. 

House  Jour- 
nal, p.  149. 


ORDER  ALLOWING  22/  TO  NEHEMIAH  STEBBINS. 

A  Petition  of  ISTehemiah  Stebbins  a  Soldier  in  the  Western  Fron- 
tiers shewing  that  he  was  omitted  out  of  the  Muster  Roll  of  his  Com- 
pany Eleven  Days  whereon  he  was  on  Duty,  Praying  to  be  allowed 
his  Pay  for  that  Time. 

Read  and 

Ordered  That  the  Prayer  of  this  Petition  be  granted,  and  That 
there  be  allowed  and  paid  out  of  the  Public  Treasury  the  Sum  of 
twenty  two  shillings  to  the  Petitioner,  in  full  Consideration  for  his 
services  mentioned.     [Passed  August  16. 


[2d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1755-56.  381 


CHAPTEK    133. 

VOTE  DESIRING  THE  LIEUT.  GOVERNOR  TO  WRITE  TO  THE  SOUTHERN 
GOVERNM^s  TO  ALLOW  VESSELS  WITH  PROVISIONS  TO  CLEAR  FOR 
PORTS  OF  BOSTON  AND   SALEM. 

In  the  House  of  Represent^  RlfordTofthe 

Whereas  the  House  are  informed  That  by  the  Acts  of  the  south-  councn,  xx., 
ern  Governm'*  Vessels  are  restrained  from  clearing  out  for  this  Prov-  ArchivesTvi., 

ince  with  Provisions,  which  prohibition  may  occasion  a  great  Scarcity  '^^ 

of  Provisions  among  us,  And  thereby  not  only  distress  our  own  In-  Mass. 
habitants,  but  render  it  very  difficult  for  the  Governm''  to  supply  our  209.  House '' 
Forces:  Therefore  pZi'nce^- "^• 

Voted,  That  his  Honour  the  L*  Governour  be  desired  to  write  to  Laws,  m.,  944, 
the  Governors  of  the  Southern  Governm'^  desiring  of  them  that 
liberty  may  be  given  for  any  vessels  bound  to  the  Ports  of  Boston 
or  Salem;  to  clear  out  for  those  Ports  with  Provisions,  Sufficient 
Security  being  given  that  the  same  shall  be  landed  in  one.  or  other 
of  the  said  Ports. 

In  Council  Pead  and  Concur'd.     [Passed  August  16. 


CHAPTEE    134. 

ORDER  ALLOWING  £50.6.8  TO  CHARLES  GOODRICH. 

A  Petition  of  Charles  Goodrich  of  Pontoosuck  in  the  County  Legislative 
of  Hampshire;  Praying  that  this  Court  would  order  Payment  of  coundf  xx*^^ 
his  Account  of  Victualling  Connecticut  Soldiers  sent  to  defend  522. 
the  Place  from  the  Indians.  House  Jour- 

Read&  _  nal.pp.99,139, 

Ordered  that  there  be  allowed  &  paid  out  of  the  publick  Treasury 
to  Charles  Goodrich  the  Sum  of  Fifty  Pounds  six  Shillings  &  eight 
pence  in  full  Discharge  of  his  billiting  Cp'  Hinman's  &  Ensign  Mar- 
tin's Men,  amounting  to  151  Weeks  &  two  Days,  agreable  to  the 
within  Account.     [Passed  August  16.^ 


* 


CHAPTEK    135. 

ORDER  AG8T  PRINTING  ANY  THING  IN  REGARD  TO  THE  CROWN  POINT 

EXPEDITION. 

Ordered,  That  the  Printers  of  the  several  Public  News  Papers  Legislative 
be  prohibited  from  publishing  any  thing  relating  to  the  Expedition  coumiif  xx*^^ 
now  Carrying  on  against  Crown  Point  without  Permission  from  this  525.  Mass. 
Court  or  of  the  Gov''  &  Council  in  the  Recess  of  y®  Court.     [Passed  ix^xiv.Isib. 

September  6.  House  Jour. 

nal,  p.  155  bis. 
'  "Prorogued"  to  September  3  according  to  the  House  Journal,  p.  150.     But  the  Leg- 
islative Records  of  the  Council,  xx.,  524,  reads,  that  on  September  5,  the  General  Court 
was  "  specially  convened,"  a  continuation  of  the  second  session.    See  the  House  Journal, 
p.  167,  which  begins  the  third  session  on  September  24. 


382 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  136-138.] 


CHAPTER    136. 


ORDER  APPOINTING  A  COM^^e  to  WAIT  ON  HIS  HONOUR  TO  DESIRE 
HIM  TO  GIVE  ORDERS  IN  REGARD  TO  THE  RECRUITS  FOR  THE 
CROWN  POINT  EXPEDITION. 


Legislative 
Records  of  tlie 
Council,  XX., 
526.    Mass. 
Archives, 
Ixxiv.,  513. 

Legislative 
Becords  of  the 
Council,  XX., 
525,526.    House 
Journal,  p.  1.55. 


In  the  House  of  Eep*'^^' 

Ordered  that  Col°  Lawrence  Col°  Cotton  &  Col°  Marcy  with  such 
as  the  hon''^*  Board  shall  join  be  a  Comm®®  to  wait  upon  his  Hon'' 
the  Comm'"  in  Chief,  with  the  Vote  of  the  two  Houses  of  this  day, 
relating  to  the  Eecruits  proposed  to  be  raised  for  the  Crown  Point 
Expedition,  for  his  Consent;  And  to  desire  his  Honour  would  be 
pleased  to  give  Orders  for  proportioning  the  Numbers  of  Soldiers 
to  be  supplied  from  each  of  the  Eegim'^  accordingly. 

In  Council  Read  &  Concur'd  And  Francis  Foxcroft  &  William 
Brattle  Esq"  are  joined  in  the  Affair.     [^Passed  September  6. 


CHAPTER    137. 

VOTE  DESIRING  THE  LIEUT  GOVERNOR  TO  GIVE  ORDERS  FOR  IMPRESS^ 
TO  MAKE  UP  THE  800  MEN  ORDERED   TO  BE  RAISED. 


Legislative 
Records  of  the 
Council,  XX., 

52.  Mass. 
Arcliives, 
Ixxiv.,  518. 

Legislative 
Records  of  the 
Council,  XX., 
387.    House 
Journal, 
pp.  157, 1.58. 
Ante,  p.  365, 
chap.  94;  p.  367, 
chap.  97. 
Supra,  chap. 
136. 


Voted  That  his  Honour  the  L'  Gov''  &  Comand''  in  Chief  be  desired 
to  give  Orders  forthwith,  to  the  Inlisting  Officers  of  the  Six  Com- 
panies (part  of  the  Eight  hundred  Men  heretofore  Ordered  to  rein- 
force the  Army  destined  to  Crown  Point),  which  are  not  compleated, 
to  make  return  of  the  Men  they  have  inlisted  by  y®  12*^''  Current,  and 
whatever  Number  may  be  wanted  to  Compleat  their  Companies  That 
his  Hon""  be  desired  to  give  Orders  that  they  be  impressed  in  the  same 
manner  and  proportion  as  the  two  thousand  Men  last  ordered  to  be 
raised.  And  if  the  said  Officers  make  no  return  by  the  time  afore- 
said, That  his  Hon''  be  desired  to  cause  to  be  impressed  as  aforesaid 
a  sufficient  Number  of  Men  to  Compleat  the  s*^  Companies  without 
having  regard  to  the  inlistment  of  s^  Officers ;  And  in  that  Case  that 
the  Said  Officers  be  Obliged  to  return  the  inlisting  Money  they  have 
received,  still '  remaining  in  their  hands.     [Passed  September  8. 


CHAPTER    138. 


Legislative 

Records  of  the 

Council,  XX., 

528.    Mass. 

Arcliives,  VOTE  THAT  ANY  THREE  OF  THE  COM''==  OF  WAR  SHALL  BE  A  QUORUM. 

Ixxiv.,  519. 

Recordfof  the  Voted,  That  any  three  of  the  Committee  of  War  shall  be  a  Quorum ; 
Council,  XX.,  And  That  the  Clerk  to  the  said  Com'''^  be  directed  to  take  an  Account 
Journal,  of  the  Time  of  the  Gent"  That  attend  on  that  Service.     [Passed 

Z^l'J.te.       September  8. 

chap.  325.  1  The  word  "  still "  is  underlined  in  Mass.  Archives. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  383 


CHAPTEE    139. 

ORDER  IMPOWERING  SARAH   CAMPBELL  TO    RECOGNIZE    AS    RETAILER 
OF  STRONG  DRINK. 

A  Petition  of  Sarah  Campbell  of  Salem  Widow,  Retailer,  shew-  Legislative 
ing  that  She  is  licenced  for  selling  strong  Drink,  for  this  present  councif,  x*x*.^^ 
Year  but  thro  Mistake  elapsed  the  time  for  Recognizing;  And  there-  s-^-,  m^ss. 

A.rciiiVGS  cxx 

fore  praying  that  She  may  be  admitted  to  recognize  as  required  by  6L 

Law.  Mass. 

"Rpflfl   nnri  Archives, cxx., 

jiteaa  ana  go    uouse 

Ordered  That  the  Prayer  of  this  Petition  be  granted,  And  that  Journal,  p.  lei. 
the  Clerk  of  the  Court  of  General  Sessions  of  the  Peace  for  the  Laws, lu., 782, 
County  of  Essex,  be  &  he  hereby  is  impowered  to  take  recognizance  *^^''^p*  ^^^ 
of  the  Pef  in  Manner  as  is  by  Law  directed  her  elapsing  the.  Time 
of  entering  into  recognizance  by  Law  prescribed  Notwithstanding. 
September  8. 


CHAPTEE    140. 

ORDER  IMPOWERING  W'"   COOPER  TO  EXPORT  PROVISIONS  TO  THE  BAY 

OF  HONDURAS. 

A  Memorial  of  William  Cooper  of  Boston  Merchant,  Shewing  Legislative 
that  he  has  two  Vessels  bound  for  the  Bay  of  Honduras  where  it  coundi! xx!!^^ 
is  necessary  to  carry  more  Provisions  than  is  usual  to  be  on  Com-  529.  Mass. 
mon  Voyages,  Therefore  Praying  that  he  may  be  licenced  to  export  134. 
the  Provisions  in  the  Memorial  particularly  mentioned,  upon  giving  House  Jour- 
Bond  according  to  Law.  Proviiice^" 

Read  &  Laws,  111.,  see. 

Ordered  That  the  Prayer  of  this  Mem"  be  granted  &  that  the  note!' ' '  ^' 
Mem°'^  giving  Bond  with  two  Sufficient  Sureties  in  the  sum  of  One 
thousand  pounds  for  the  delivery  of  the  said  Provisions  in  the  Bay 
excepting  so  much  as  may  be  necessary  for  the  Use  of  the  People 
on  board  the  said  A^essels  (y®  Danger  of  y*  Seas  excepted) ;  &  y'  the 
Pet'  make  oath  before  the  Comiss''  of  Impost  y'  the  Provisions  on 
board  s*^  Vessels  are  designed  for  no  other  place  than  the  Bay  &  for 
y®  Comon  supplies  of  the  s'^  Vessells;  And  That  the  Masters  of  Said 
Vessels  upon  their  return  shall  make  Oath  (if  required)  that  they 
have  delivered  the  same  at  the  Bay  afores*^  except  what  was  reserved 
for  the  use  of  y®  s**  Vessels.     [^Passed  September  8. 


CHAPTEE    141. 

ORDER  IMPOWERING  TIMOTHY  FITCH  &  JOHN  PHILLIPS,  J'',  TO  EXPORT 
PROVISIONS  TO  THE  BAY  OF  HONDURAS. 

A  Memorial  of  Timothy  Fitch  &  John  Phillips  jun''  of  Boston,  Legislative 
Merchants,  shewing  that  they  are  fitting  out  the  Brigantines  Nep-  councif,  xi!f ^ 
tune  &  Elisabeth  for  the  Bay  of  Honduras,  where  it  is  necessary  to  ^rchiverixv 
carry  more  Provisions  than  is  usual  on  common  Voyages ;     There-  132. 


384 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  142, 143.] 


Mass. 

Archives,  Ixv., 
131.    House 
Journal, 
pp.  154, 160. 
Province 
Laws,  ill.,  866, 
chap.  7 ;  945, 
946,  note. 


fore  Praying  that  they  may  be  licenced  to  export  the  Provisions  in 
the  Memorial  particularly  mentioned,  upon  their  giving  Bond  ac- 
cording to  Law. 

Read  & 

Ordered  that  the  Prayer  of  the  memorial  be  granted :  And  that 
the  Peti'°  give  Bond  With  sufficient  Sureties  in  the  Sum  of  One 
thousand  Pounds  for  each  Vessel  for  the  delivery  of  the  s'^  Provis"^ 
in  the  Bay  of  Honduras,  except  so  much  as  may  be  necessary  for 
the  use  of  the  People  on  board  said  Vessels  (the  Danger  of  the  Seas 
excepted;)  and  That  the  Pet"  make  oath  before  the  Coiniss'"  of  Im- 
post y'  the  Provisions  on  board  s'^  Vessels  are  designed  for  no  other 
place  than  the  s'^  Bay  &  y®  Common  supplies  of  the  Vessels;  And 
that  the  Masters  of  s''  Vessels  on  their  return  shall  make  oath  (if 
required)  that  they  have  delivered  the  same  at  the  Bay  aforesaid 
excepting  what  was  reserved  for  the  Vessels  Use.  \_Passed  Se^tem- 
her  8. 


Legislative 
Records  of  the 
Council,  XX., 
529.    Mass. 
Archives,  Ixv., 
136. 

Mass. 

Archives,  Ixv., 
135.    House 
Journal, 
pp.  161, 162. 
Province 
Laws,  iii.,  866, 
chap.  7;  946, 
note. 


CHAPTER    142. 

ORDER  IMPOWERING  THO^  BOYLSTONE  TO  EXPORT  FLOUR  TO  SURINAM. 

A  Petition"  of  Thomas  Boylstone  of  Boston  Merch'  shewing  that 
he  is  fitting  out  the  Brigatine  Friendship  for  Surinam,  Praying  that 
he  may  be  allowed  to  send  thither  Fifty  Barrels  of  Flour  as  Part  of 
her  Cargo. 

Read  and 

Ordered  that  the  Prayer  of  the  Pet"  be  granted  and  that  the  Pef 
be  allowed  to  Ship  the  Fifty  barrells  Flour  within  Mentioned  for 
the  Port  of  Surrinam  he  giving  Bond  to  the  Commiss'  of  Impost 
in  One  Thousand  Pounds  Sterling  for  the  delivery  of  the  said  Flour 
at  the  Port  aforesaid  and  that  the  Chief  Officer  of  said  Vessell  on 
his  return  make  Oath  of  the  delivery  of  said  Flour  accordingly. 
\Passed  Sejptetnber  8. 


CHAPTEE    143. 

ORDER  IN  REGARD   TO  THE   COLLECTION  OF  TAXES  IN  THE  TOWN  OF 

BROOKFIELD. 


Legislative 
Records  of  the 
Council,  XX., 
531.    Mass. 
Archives, 
cxvii.,  42. 

House  Jour- 
nal, pp.  160, 162. 


A  Petitioist  of  Jedediah  Foster  &  William  Ayer  Assessors  of  the 
Town  of  Brookfield,  setting  forth  that  in  their  Warrants  for  collect- 
ing the  Tax  of  the  Inhabitants  of  the  late  first  Parish,  thro'  Mistake 
they  omitted  Sealing  said  Warrants,  Praying  that  the  Constables  may 
be  enabled  by  this  Court  to  collect  said  Tax,  notwithstanding  said 
Defect. 

Read  and 

Ordered  That  Notwithstanding  the  Warrants  in  this  Petition  Men- 
tioned had  no  Seals  affixed  to  them  The  s*^  Constables  be  and  hereby 
are  Impowered  and  required  to  levy  and  Collect  all  »&  Every  y"^  Sum 
and  Sum*  of  money  contained  in  s"^  rates  and  Assesm**  yet  unpaid, 
of  the  y® '  Several  persons  on  whom  s*^  sums  are  assessed,  and  Enforce 
y^  payment  thereof  by  y®  persons  assessed,  by  all  such  ways  and  means 
as  by  Law  s*^  Constables  might  have  done  if  s*^  Warr'^  had  been  reg- 

*  Sic. 


[2d  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1755-56.  385 

ularly  and  lawfully  Seal'd  and  y'  s*^  Constables  Shall  be  accountable 
for  and  Oblidged  to  pay  into  y*  Treasurer  of  s*^  Brookfield  all  y^ 
money  which  they  have  Collected  and  Shall  Collect  on  s'^  Assessm*^^ 
in  y®  same  manner  as  by  law  they  would  have  been  if  s**  Warrants  had 
been  lawfully  Sealed  at  y^  time  they  were  delivered  to  them  And 
Also  that  s''  Constables  henceforth  Shall  not  be  liable  to  any  action 
or  actions  in  law  here  after  to  be  brought  by  any  person  or  persons 
against  them  for  Damages  on  acc*^  of  y*^  levying  or  Collecting  of  any 
part  of  s''  assesm''  by  them  already  made  by  Virtue  of  s"^  Warr"  But 
that  all  Actions  that  may  or  Shall  hereafter  be  brought  against  s*^ 
Constables  grounded  in  y*  deficiency  of  s**  Warr''  by  reason  of  their 
being  unsealed  as  afores*^  and  where  y®  Collections  and  levying  and 
all  proceedings  therein  were  in  all  other  respects  regularly  and  law- 
fully made  Shall  be  wholly  barred.     \^Passed  Septe^nber  <?.' 


CHAPTER    144. 

VOTE  DESIRING  THE  LIEUT.  GOVERNOR  TO  ISSUE  A  PROCLAMATION 
TO  ENCOURAGE  SOLDIERS  ENLISTING  FOR  THE  CROWN  POINT  EX- 
PEDITION. 

Voted  that  His  Honour  the  Lieu'  Governour  be  desired  to  issue  Legislative 
a  Proclamation,  to  encourage  the  Two  Thousand  additional  Troops  coundf  xx*.f^ 
to  enlist  for  the  Crown  Point  Expedition,  Promising  to  each  able  53o. 
bodied  Man  who  shall  enlist  on  or  before  the  fifteenth  Instant  Four  Mass. 
Dollars  upon  Enlistment,  and  Two  Dollars  more  to  every  Man  who  ixxiv^.Ills-ssi. 
shall  appear  at  the  first  Muster  with  a  good  Gun,  to  carry  with  him,  Refordfof  the 
Also  promising  a  good  Blanket  to  each  Man  &  twenty  six  Shillings  Council,  xx., 
&  eight  pence  per  Month,  while  in  the  Service,  and  that  such  who  jo^iirnai,"^^ 
shall  inlist  as  aforesaid  shall  be  discharged  preferably  sooner  than  g^^^^'gg^ng 
those  who  may  be  impressed,  and  as  soon  as  the  Men  already  enlisted  and  Prociama^- 
shall  be  discharged.  And  that  his  Honour  be  requested  to  write  to  p.^m^''^  ~  "^'' 
Major  General  Johnson  desiring  him  to  dismiss  a  proportionable 
Number  of  the  Troopes  of  this  Government  compared  with  the 
Troops  of  the  other  Governments,  as  soon  as  the  Service  will  ad- 
mit of  it;  And  that  in  discharging  such  Troops,  he  would  prefer 
the  Enlisted  Men  to  those  who  may  be  impressed."     \^Passed  Sep- 
tember 9. 


CHAPTER    145. 

VOTE  FOR  PURCHASO  A  HOYOT  AND  A  ROYAL  WITH  SHELLS  AND  SHOT. 

Voted,  That  the  Com'^^  of  War  be  directed  to  make  enquiry  whether  Legislative 
there  be  a  Hoyot'  to  be  purchased,  and  if  there  be  one  that  shall  be  councif.xx*'^^ 
found  good  &  sufficient  for  Service,  that  they  purchase  the  same  as  528.  Mass. 
also  one  Eoyal  *  on  the  best  Terms  they  Can,  together  with  a  sufficient  ixxiv.,  525. 
Quantity  of  Suitable  Shells  &  Shott  for  the  Use  of  the  Province ;  and  House  Jour- 
that  they  immediately  forward  the  same  to  Albany,  for  the  use  of  y®  Anie^^^^^^' 
Army  on  the  Expedition  to  Crown-point.     [Passed  September  9.^     chap!  325. 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Leg- 
islative Records  of  the  Council  the  date  is  September  9. 

'  The  proclamation  was  issued  September  9,  1755.     See  Mass.  Archives,  ixxiv.,  531. 

*  A  lighter. 

*  A  small  mortar. 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  September  8. 


386 


Province  Laws  (Besohes, etc.).  — 1755-56.  [Chaps.  146, 147.] 


Legislative 
Records  of  the 
Council,  XX., 
530.    Mass. 
Archives, 
Ixxiv.,  534. 

House  Jour- 
nal, 5.  164. 
Province 
Laws,  xiii.,  434, 
chap.  185;  xiv., 
452,  chap.  112 ; 
515,  chap.  270. 


CHAPTEE    146. 

VOTE  DESIRING  THE  LIEU^  GOVERNOR  TO  APPOINT  COL.  RICH»  GRID- 
LEY  A   COLONEL  OF  A  REGIMENT  IN  CROWN  POINT  EXPEDITION. 

Whereas  there  is  an  absolute  Need  of  a  greater  Number  of  Per- 
sons in  the  Expedition  against  Crown  Point,  that  understand  the 
Artillery ; 

Voted,  That  Colonel  Kichard  Gridley  be  desired  for  the  Necessity 
of  the  Service  to  assist  there  in  that  Part,  and  that  he  have  the 
same  monthly  Pay  for  it  which  he  received  for  his  Services  in  the 
Train  of  Artillery  at  the  Siege  of  Louisbourgh:  And  further 

Voted,  That  his  Honour  the  Lieutenant  Governour  be  desired  to 
appoint  him  Colonel  of  one  of  the  Eegiments  to  be  raised  here  for 
that  Expedition;  and  that  he  receive  his  Pay  in  that  Capacity  too; 
and  that  an  Express  be  immediately  dispatch'd  to  him  for  his  Answer. 
[Passed  September  9. 


CHAPTEK    147. 


Legislative 
Records  of  the 
Council,  XX., 
530.    Mass. 
Archives, 
Ixxiv.,  627. 

House  Jour- 
nal, p.  164. 
Ante,  p.  296, 
chap.  325 ; 
p.  385,  chap. 
144. 


ORDER  FOR  FURNISHING  BLANKETS   OR    OTHER    WARM   CLOTHING    TO 
ALL  THE  2,000  RECRUITS  FOR  THE  CROWN  POINT  EXPEDITION. 

Ordered,  That  the  Committee  of  War  be  directed  to  furnish  the 
two  thousand  Additional  Troops,  as  well  those  who  may  be  impressed 
as  those  who  shall  inlist  for  the  Crown-Point  Expedition  each  man 
with  a  Blankett  or  other  warm  Cloathing  equivalent.  [Passed  Sep- 
tember 9. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  387 


RESOLVES,  ORDERS,  VOTES,  ETC. 

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

1755-  

CHAPTEE    148. 

VOTE  FOR  DETAINING    THE    VESSEL    COMMANDED    BY    CAP''   ROBERT     Legislative 

JARVIS.  Records  of  the 

Council, 
xxi.,  4.    Mass. 

Voted,  That  his  Honour  the  Lieu'  Governor  be  desired  to  give  ^^cinves,  ixv., 
Orders,  That  a  Vessel  Rob'  Jarvis  Master,  now  lying  in  the  Harbour  £,egisiative — 
of  Boston  &  ready  to  Sail  for  Great  Britain  be  Stayed,  'till  the  dis-  Records  oi  the 
patches  proposed  to  be  sent  from  this  Governm'  Shall  be  prepared  xxii'."^!^' House 
or  till  his  Honour's  further  order.     \^Passed  September  27.  "^^^mhm 


CHAPTER    149. 

VOTE  FOR  IMPRESS^  ARMS  FOR  CROWN  POINT  EXPEDITION. 

Whereas  the  Act  made  and  passed  in  the  Twenty  Seventh  year  Legislative 
of  his  Majesty's  Reign  intitled  an  Act  for  levying  Soldiers,  and  to  councff  °*  '^^ 
prevent  Soldiers  and  Seamen  in  his  Majesty's  Service  from  being  xxi.,4. 'Mass. 
arrested  for  debt,  doth  not  impower  the  Captain  or  chief  Officer  of  ixxiv;,65i. 
the  Company  or  Troop  to  which  any  person  or  persons  belong  who  House  Jour- 
inlist  into  his  Majesty's  Service,  in  the  pay  of  this  Governm'  to  im-  ?^^'Pprol1li^e' 
press  Arms  for  him  or  them  that  are  or  shall  be  so  inlisted:    There-  Laws,  m., 734, 
fore  •^^^P-"- 

Voted,  that  every  Cap'  or  chief  Officer  of  the  Company  or  Troop 
in  this  Province  who  have  or  shall  inlist  any  person  or  persons  into 
his  Majesty's  Ser'^^ice,  in  the  present  Expedition  to  Crown-point,  be 
and  they  hereby  are  fully  Authorized  &  impowered  to  impress  Arms 
for  him  or  them  in  the  same  manner  as  they  are  by  said  Act  impow- 
ered to  impress  Arms  for  impressed  Men,  the  same  Rules  touching 
such  Arms  to  be  Observed  as  are  mentioned  in  said  Act.  {^Passed 
September  27. 

CHAPTER    150. 

ORDER  ALLOWING    £6.  13. 4    TO    THE    SELECTMEN    OF    THE    TOWN    OF 

BOSTON. 

A  Memorial  of  the  Select  Men  of  the  Town  of  Boston,  Shewing  Legislative 
that  for  the  Ease  of  the  Province  from  the  Charge  of  maintaining  coundf, °*  ^^® 
of  indigent  &  helpless  Persons,  that  are  not  Inhabitants,  they  have  ^rchive's^xva' 
been  at  the  Expence  of  transporting  of  the  Widow  Haynes  &  her  259. 


388 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  151-153.] 


Mass. 

Archives,  xv*., 
258.   House 
Journal,  p.  174. 


two  Children  for  Europe,  Praying  that  they  may  be  reimbursed  out 
of  the  publick  Treasury. 

Eead  and 

Ordered  That  the  Prayer  of  this  Memorial  be  granted,  And  that 
the  sum  of  Six  pounds  thirteen  shillings  and  four  pence  be  allowed 
and  paid  out  of  the  public  Treasury  to  the  Select  Men  of  the  Town  of 
Boston  in  full  discharge  of  the  Account  herewith  exhibited.  \^Passed 
September  27. 


CHAPTER    151. 


Legislative 
Records  of  the 
Council, 
xxi.,  7.    Mass. 
Archives,  Ixv., 
S2. 

Mass. 

Archives,  Ixv., 
83.  House 
Journal,  pp.65, 
181.  Province 
Laws,  xiii.,  465, 
chap.  1. 


ORDER  ALLOWING  £15.  8.  4|  TO   W«  BULFINCH. 

A  Petition  of  William  Bulfinch  Sail  maker,  shewing  that  he 
gave  in  to  the  late  Committee  of  War  for  the  Expedition  against 
Cape  Breton,  his  Accompt  of  Storeage  &  repairing  the  Sails  of  the 
Massachusetts  Frigate ;  Which  Accompt  being  mislaid  by  the  said 
Committee  has  never  yet  been  paid,  Praying  that  it  may  be  now 
allowed  &  discharged;  a  true  Copy  whereof  is  herewith  exhibited. 

Eead  and 

Ordered  that  the  Pef  be  allowed  to  be  paid  out  of  the  Publick 
Treasury  the  Sum  of  fifteen  pounds  eight  Shillings,  and  four  pence 
three  farthings  in  full  Satisfaction  of  the  Account  annexed.  [^Passed 
Seiitember  SO. 


Legislative 
Records  of  the 
Council, 
xxi.,  8.    Mass. 
Archives, 
Ixxiv.,  566. 

House  Jour- 
nal, p.  182. 


CHAPTER    152. 

VOTE   FOR   SOLDIERS    ON    THE    FRONTIERS    GOING    TO    MEETING    COM- 

PLEATLY  ARMED. 

Voted  that  His  Hon'  the  Lieu'  Gov""  and  Commander  in  Chief  be 
desired  to  give  Orders  to  the  Chief  Officers  in  the  Towns  of  the 
Eastern  and  Western  Frontiers  to  Oblige  the  Soldiers  under  their 
respective  Commands  to  go  compleatly  Arm'd  to  their  several  places 
of  publick  Worship  on  Lord's  Days  in  this  time  of  Danger.  \Pa8sed 
October  1. 


CHAPTER    153. 

ORDER    IMPOWERING    MICHEL    TROLLET    AND    SAMUEL    BROWN    TO 
EXPORT  PROVISIONS  TO  SURINAM. 


Legislative 
Records  of  the 
Council, 
xxi.,  8.    Mass. 
Archives,  Ixv., 
148. 

House  Jour- 
nal, p.  185. 
Province 
Laws,  ill.,  866, 
chap.  7. 


A  Memorial  of  Michel  Trollet  &  Samuel  Brown  of  Boston; 
shewing  that  they  have  ship'd  on  board  the  Brigantine  Dolphin 
whereof  they  are  Owners,  a  Quantity  of  Provisions,  particularly 
mentioned,  Praying  for  Liberty  to  send  the  said  Provisions  to  Sur- 
anam,  upon  their  giving  Bond  at  the  Impost  Office,  &c^ 

Eead  and 

Ordered  that  the  Prayer  of  this  Pet°  be  Granted  and  that  the 
Pet"  be  allowed  to  Ship  the  above  Provisions  on  the  said  Brig'  they 
Giving  Bond  in  the  sum  of  One  Thousand  pounds  Sterling  to  the 
Commissioner  of  Impost  for  Landing  the  same  in  the  Port  of  Sur- 
rinam  and  that  the  Chiei  Officer  of  s*^  Vessell  on  his  return  make 
Oath  of  its  being  so  Landed.     \Pas8ed  October  1. 


[3d  Sess.]     Province  Laws  (Besolves,  etc.).  — 1755-56.  389 


CHAPTEE    154. 

VOTE  FOR  PRINTING  THE  71^^  SECTION  OF  THE  ACT  OF    PARLIMENT 
ENTITLED  AN  ACT  FOR  PUNISHING  MUTINY  AND  DESERTION,  &c. 

Voted  that  the  Seventy  first  Section  of  the  Act  of  Parliment  Mass. 
"Entitled  An  Act  for  punishing  Mutiny  and  Desertion  and  for  s-je!  ^''^^'^^^■' 
the  better  payment  of  the  Army  and  their  Quarters  "  be  printed  House  Jour. 
in  all  the  publick  papers,  Also  that  a  number  of  the  said  Section  p^Jjy^nce^' 
of  the  act  be  printed  in  seperate  papers,  and  distributed  in  the  Laws, m., 753, 
several  Towns  through  the  Province.     [Passed  October  1.  ^  *^" 


CHAPTER    155. 

VOTE  IN  REGARD   TO  THE  SUPPORT   OF   SICK    &    WOUNDED    SOLDIERS. 

Voted  That  all  needfull  and  Necessary  support  be  allowed  such  ^Ifo^ds  o?the 
Sick  &  wounded  Soldiers  as  shall  have  liberty  to  return  home  from  Council,  xxi., 
Gen^  Johnsons  Army  (who  belong  to  this  Province)  who  shall  desire  ArcWves^,' 
relief,  untill  they  shall  get  to  their  respective  homes.  And  that  each  ixxiv.,  570. 
and  every  Person  that  shall  supply  such  Sick  or  Wounded  Soldier  House  Jour- 
shall  keep  a  fair  and  particular  Acco'  of  each  and  every  Man's  name,       '  ^' 
and  what  Company  he  belongs  to  &  of  what  he  receives,  and  return 
such  Acco'  which  shall  be  certified  by  the  person  relieved  to  the  Com- 
missary-General some  time  before  the  Muster  Rolls  shall  be  made  up, 
that  so  Payment  thereof  may  be  made  in  such  way  &  manner  as  this 
Court  shall  hereafter  order.     [Passed  October  3. 


CHAPTER    156. 


ORDER  REFERRING  ALL  UNFINISHED  MATTERS.  Legislative 

Records  of  the 
Council,  xxi., 

Ordered  that  all  Matters  now  lying  before  the  Court  &  not  passed  il 

upon  be  referred  to  the  next  Sitting,  &  have  the  same  Day  at  that  House  Jour- 
Session.     [Passed  October  3.'  nai,p.i84. 


CHAPTER    157. 

VOTE  REFERRING  ALL  UNFINISHED  MATTERS.  Legislative 

Records  of  the 
Council,  xxi., 

Voted  that  all  Affairs,  that  were  referred  over  &  had  Day  at  the  ]^ 

present  Session,  be  further  referred  &  have  the  same  Day  in  the  House  Jour- 
next  Sitting  of  this  Court.     [Passed  October  23.  .      ^slpfa,  chap. 

156. 
'  Adjourned  to  October  22.    See  Legislative  Records  of  the  Council,  xxi.,  13. 


390 


Province  Laws  (i?e50?i;es,ete.).  — 1755-56.  [Chaps.  158-160.] 


CHAPTEE    158. 


ORDER  OF  NOTICE   WITH  STAY  OF   EXECUTION    ON    THE    PETITION  OF 
ALEX*  RAIT  FOR  A  NEW   TRIAL. 


Legislative 
Records  of  the 
Council,  xxl., 
14.    Mass. 
Archives, 
xliv.,  188. 

Mass. 
Archives, 
xHv.,  187. 
House  Jour, 
nal,  p.  19L 


A  Petition  of  Alexander  Eaitt  of  Kittery,  shewing  that  in  an 
Action,  depending  between  the  Pef  and  one  Samuel  Lamphear,  at 
the  last  Inferiour  Court  for  the  County  of  York,  the  Parties  agreed 
to  refer  it  to  a  Rule  of  Court,  that  the  Matter  was  determined  by 
the  Referrees  at  a  Time  when  he  was  not  able  to  obtain  his  Evi- 
dence, that  the  Award  was  against  the  Petitioner,  and  the  Judg- 
ment of  Court  made  up  accordingly.  Praying  that  it  may  be  set 
aside.  And  that  the  Court  would  allow  him  to  have  a  new  Trial,  & 
Execution  be  staid  in  the  mean  time. 

Read  and 

Ordered^  That  the  Petitioner  serve  the  adverse  Party  Samuel 
Lamphear  with  this  Pet°  That  he  shew  Cause  if  any  he  have,  on 
the  second  Friday  of  the  next  Sitting  of  this  Court,  why  the 
Prayer  thereof  should  not  be  granted,  And  that  Execution  be 
stayed  in  the  mean  time,  the  Pef  giving  sufficient  Caution  to  the 
Sheriff  of  the  County  of  York  to  pay  all  such  Sums  of  Money  as 
shall  be  finally  recovered  against  him.'     \_Passed  October  24. 


Legislative 
Records  of  the 
Council,  xxl., 
15.    Mass. 
Archives,  cv., 
531. 

Mass. 

Archives,  cv., 
530.    House 
Journal,  p.  193. 


CHAPTEK    159. 

ORDER  SETTING  OFF  JOSIAH  MORSE  &  OTHERS  FROM  STOUGHTON  AND 
ANNEXING  THEM  AND  THEIR  ESTATES  TO  WALPOLE. 

A  Petition  of  Josiah  Morse,  Moses  Fales,  &  John  Hartshorn, 
Inhabitants  of  Walpole,  shewing  that  they  are  Owners  of  Farms 
in  the  Town  of  Stoughton,  that  are  more  than  six  Miles  distant 
from  their  Parish  Meeting  House,  &  but  two  Miles  distant  from 
the  Meeting  House  in  Walpole,  Praying  that  they  may  be  set  off 
to  Walpole, 

Read  and 

Ordered  That  the  Prayer  of  this  Petition  be  granted,  and  That 
the  Several  Tracts  of  Land  belonging  to  the  Petitioners  herein  men- 
tioned be  and  hereby  are  Sett  off  from  the  Township  of  Stoughton, 
and  annexed  to  the  Township  of  Walpole  And  so  to  remain  to  all 
Intents  and  purposes  whatsoever  during  the  Pleasure  of  this  Court. 
\^Passed  October  25. 


CHAPTER    160. 

VOTE  IMPOWERING  THE  COURTS  OF  GENERAL  SESSIONS  OF  THE 
PEACE  IN  THIS  PROVINCE  TO  GRANT  LICENCES  TO  rNNHOLD^s  AND 
RETAILERS   WHO  ARE    IN  THE  ARMY. 


Legislative 
Records  of  the 
Council,  xxl., 
15.    Mass. 
Archives,  cxx., 
65. 


.Where  as  it  is  Represented  to  this  Court  that  sundry  of  the 
Innholders  and  Retailers  in  the  several  Counties  in  this  Province 
are  gone  into  the  Army  destined  to  Crown  Point  and  elsewhere  in 
his  Majesty's  Service  by  reason  whereof  they  have  no  oppurtunity 

*  At  the  hearing  December  19, 1755,  House  Journal,  p.  244,  this  petition  was  dismissed. 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1755-56.  391 

to  take  the  Oath  required  by  Law  respecting  their  receiving  or  pay-  House  Jour- 
ing  in  this  Government  any  Bill  or  Bills  of  Credit  of  either  of  the  igf.'igg'/prOT.' 
Goverments  of  Connecticutt  New  Hampshire  or  Ehode  Island  in  ifj*'^7^4^^^' 
order  to  Qualify  them  to  take  out  their  Licences.  chap.  23. 

Therefore 

Voted  that  the  Justices  of  the  several  Courts  of  General  Sessions 
of  the  Peace  within  this  Province  at  any  time  before  the  first  day 
of  March  Next,  be  &  hereby  are  fully  authorized  and  impowred  to 
grant  Licences  if  they  see  cause  to  all  such  Innholders  &  Eetailers 
as  shall  be  absent  in  his  Majesty's  Service  and  so  have  no  oppur- 
tunity  to  take  the  beforementioned  Oath,  they  being  approbated 
by  the  Selectmen  of  the  several  Towns  to  which  they  respectively 
belong,  the  Wife  of  such  absent  Innholder  or  Eetailer  or  such  per- 
son as  shall  transact  &  carry  on  said  Bussiness  for  them  taking  the 
s*^  Oath  before  the  Kecognizances  required  by  Law  shall  be  taken. 
[Passed  October  27. 


CHAPTER    161. 

ORDER  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE  APPOINTED  TO 
BURN  GOVERNMENT  SECURITIES,  AND  DISCHARGING  THE  TREAS- 
URER OF  THE  SUM  OF  £15,027.  5.  11. 

Eeport  op  THE  Committee  for  burning  Government  Securities,    Legislative 
Boston  October  15.  1755,  Eeceived  of  Treasurer  Gray  One  councu.xli!!^ 

hundred  ninety  six  Government  Securities,  that  were  redeemable  \^-  Mass. 

«/  ___  A.rClllVG8    Clll 

the  20*''  of  January  1754,  Amounting  to  Two  Thousand  one  hun-  373. 
dred  &  thirty  six  Pounds  six  Shillings  &  six  pence.  The  Interest  Mass. 
paid  thereon.  Two  hundred  &  eighty  Pounds  &  six  pence,  making  ^2?*"Hous^e"" 
in  the  whole  Twenty  four  hundred  &  sixteen  Pounds  &  seven  Shil-  Journal,  p.  197. 

.    .  ^ntc  V  363 

lings ;  also  Twenty  nine  Government  Securities,  that  were  redeemable  chap'.  87.  ' 
the  first  of  June  last,  amounting  to  Five  Thousand  Pounds,  being 
the  full  Sum  that  was  emitted,  which  with  the  Interest  paid  thereon, 
being  Three  hundred  &  Sixty  one  Pounds  fourteen  Shillings  &  seven 
pence,  amounts  to  Five  Thousand  three  hundred  &  sixty  one  Pounds 
fourteen  Shillings  &  seven  pence,  also  fifty  eight  Government  Secur- 
ities that  were  redeemable  the  first  of  May  last,  amounting  to  Six 
Thousand  eight  hundred  thirty  nine  Pounds  fourteen  Shillings,  which 
with  the  Interest  paid  thereon  being  three  hundred  eighty  nine  Pounds 
five  Shillings  &  eight  pence,  makes  Seven  Thousand  two  hundred  & 
twenty  eight  Pounds  nineteen  Shillings  &  eight  pence,  also  Three 
Benefit  Tickets  in  the  late  Lottery  with  Interest,  amounting  to  Six 
Pounds  fifteen  Shillings ;  also  in  Paper  Bills  of  the  several  Denom- 
inations &  Tenor,  amounting  in  Lawful  Money  to  Thirteen  Pounds 
nine  shillings  &  eight  pence,  making  in  the  whole  Fifteen  Thousand 
&  twenty  seven  Pounds  five  Shillings  &  eleven  pence,  L.  M.'  which 
are  burnt  &  consumed  to  Ashes  by  Order  of  Court. 

The  Committee  appointed  to  tell  up  &  burn  the  Government 
Securities  in  the  Treasurers  Hands,  have  attended  that  Service,  & 
have  received  of  the  Treasurer  in  Paper  Bills  and  Government  Secu- 
rities to  the  Amount  of  Fifteen  Thousand  &  twenty  seven  Pounds 
five  Shillings  &  eleven  pence,  agreable  to  the  foregoing  Eeceipt, 
which  we  have  seen  burnt  &  consumed  to  Ashes,  and  do  Eeport 
that  the  Treasurer  be  discharged  of  the  said  Sum  accordingly. 

Per  Order        J.  Osborne, 

*  Lawful  money. 


392 


Province  Laws  {Resolves^  etc.).  — 1755-56.  [Chaps.  162, 163.] 


Read  and 

Ordered  That  this  Report  be  Accepted,  And  That  the  Treasurer 
be  discharged  of  Said  Sum  of  Fifteen  Thousand  And  twenty  seven 
Pounds,  five  shilP  &  eleven  pence  Accordingly.    \^Passed  October  27. 


CHAPTEE    162. 


liegislative 
Records  of  the 
Council,  xxi., 
16.    Mass. 
Archives, 
Ixxiv.,  591. 

Mass. 
Archives, 
Ixxiv.,  590; 
liv.,  173, 185, 
193.    Legisla- 
tive Records  of 
the  Council, 
xxi.,  13  his. 
House  Jour- 
nal, pp.  199, 200. 
Ante,  p.  296, 
chap.  325. 


ORDER  ACCEPTING  REPO  OF  COMMITTEE  ON  LETTERS   OF    GOV^  SHIR- 
LEY &  GENERAL  JOHNSON. 

The  Committee  appointed  to  take  under  Consideration  several 
Letters  &  Papers  received  from  his  Excellency  Governour  Shirley 
&  Major  Gen^  Johnson  have  maturely  considered  the  same,  &  have 
likewise  fully  discoursed  with  Col°  Ruggles  who  lately  left  the  Army 
designed  for  Crown  Point,  concerning  the  Situation  &  Circumstances 
of  it,  and  are  upon  the  whole  of  Opinion,  That  it  is  expedient  the 
Army  should  proceed  immediately  upon  the  Expedition,  and  that 
the  Committee  of  War  make  the  necessary  Provision  for  this  Pur- 
pose; And  in  Order  more  effectually  to  carry  the  Design  into  exe- 
cution. That  it  will  be  expedient  that  three  Gentlemen  of  Weight 
&  Lifluence  should  forthwith  repair  to  Albany,  to  correspond  with 
the  Committee  of  War  here  &  forward  the  Necessaries  to  the  Army, 
and  if  Need  be,  to  purchase  such  Articles,  as  may  be  wanting  upon 
any  Emergency,  or  such  as  cannot  so  well  be  sent  from  hence;  and 
that  the  other  Governments  concerned  in  the  Expedition  be  ac- 
quainted with  these  Resolutions,  and  desired  to  join  some  Gentle- 
men from  each  of  them  respectively  to  carry  on  the  same  Design. 

The  Committee  are  further  of  Opinion,  that,  as  His  Excellency 
Gov-  Shirley  now  is,  or  will  very  probably  soon  be  at  Albany,  His 
Excellency  be  desired  to  use  his  Weight  &  Influence  with  all  con- 
cerned in  the  Execution  of  this  important  Plan,  in  Order  to  engage 
them  to  proceed  with  Resolution  &  Dispatch:  In  the  Name  «& 

by  Order  of  the  Com'^^  J.  Osborne. 

Read  and 

Ordered  That  this  report  be  Accepted.     [Pased  October  27. 


CHAPTEE    163. 


Legislative 
Records  of  the 
Council,  xxi., 
17.    Mass. 
Archives,  cxi., 
351. 

Mass. 

Archives,  cxi., 
350,352.  House 
Journal,  p.  198. 


ORDER  GRANTING  TO   JN^  GOLDSBURY  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  John  Goldsbury  of  Wrentham,  Inn  holder,  shew- 
ing that  at  the  Time  for  renewing  Licences,  he  was  unavoidably 
hindred  from  renewing  his  own.  Therefore  Praying  that  the  Court 
of  General  Sessions  of  the  Peace  for  the  County  of  Suffolk  may 
be  impowered  to  grant  him  Licence  for  the  present  Year, 

Read,  and 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted,  as 
that  the  Justices  of  the  Court  of  General  Sessions  of  the  Peace 
for  the  County  of  Suffolk  be  and  hereby  are  impowered  at  their 
present  Sessions  to  grant  the  Pef  if  they  See  cause,  a  Licence  for 
keeping  an  house  of  public  entertainment  in  the  Town  of  Wren- 
tham, he  first  Obtaining  the  Approbation  of  the  Select  Men  of  Said 
Town,  the  Time  for  granting  of  Licences  being  elapsed  Notwith- 
standing.    [^Passed  October  28. 


[3d  Sess.]     Province  Laws  (Hesolves,  etc.).  — 1755-56.  393 


CHAPTER    164. 

ORDER    TRANSFERRING    FROM    THE    APPROPRIATION   FOR    FORTS    AND  Legislative 

GARRISONS    £6,000    TO    APPROPRIATION    FOR    CROWN   POINT  EXPEDI-  Records  of  the 

Council,  XXI., 
TION.  17.    Mass. 


Ordered  That  there  be  a  Transfer  of  the  Sum  of  Six  Thousand 


Archives, 
Ixxiv.,  592. 


Pounds  from  the   Approjjriation  for  Forts  and   Garrisons  to  the  nai"p.p. 200/201. 
Appropriation  for  Crown-Point  Expedition.     [Passed  October  28.     Law^s^i'il  862 

chap.  4. 


CHAPTEE    165. 

ORDER  GRANTING  TO  SAM^  RICHARDS  LICENCE   TO  KEEP  AN  INN. 

A  Petition  of  Samuel  Richards  of  Needham  Innholder,  shew-  Legislative 
ing  that  by  Reason  of  Sickness,  he  was  prevented  from  getting  his  comicif,  xxil^^ 
Licence  renewed  for  the  present  Year;  Praying  that  the  Court  of  i^-  Mass.    ' 

ArciiivGS  CXI 

General  Sessions  of  the  Peace  for  the  County  of  Suffolk  may  be  354.       ''  '  •• 
impowered  in  their  present  Session  to  renew  his  Licence.  Mass 

Read  and  t^"^^'' 

Ordered  That  the  Prayer  of  this  Pet°  be  so  far  granted  as  that  the  Journal,  p.  200. 
Justices  of  the  Court  of  Gen^  Sessions  of  the  Peace  for  the  County 
of  Suffolk  be  and  hereby  are  impowered  to  grant  the  Petitioner  (if 
thay  see  fitt)  a  Licence  to  keep  an  house  of  public  Entertainment 
in  the  Town  of  Needham,  he  first  Obtaining  the  Approbation  of  the 
Select  Men  of  Said  Town,  The  Time  for  granting  Licences  being 
elapsed  Notwithstanding.     [Passed  October  28. 


CHAPTER    166. 

VOTE   APPOINTING    COMMISSIONERS    TO    REPAIR    TO    ALBANY  TO    FOR- 
WARD  CROWN  POINT  EXPEDITION. 

This  day  being  appointed  for  the  Choice  of  Commissioners  to  Legislative 
repair  to  Albany  On  the  part  of  this  Province  for  forwarding  the  councff  xxi^^ 
Expedition  against  Crown  Point  when  the  follow^  Gentlemen  where  is-  Mass. 
Chosen  by  a  Major  Vote  of  the  Council  and  Representatives  viz*       ixxiv.Ilg'e. 
Thomas  Hutchinson  Esq'  House  Jour 

Thomas  Hubbard  Esq'  ri'VrS'^^i'?-' 

T    1        i^i        X      T^      r  ^  203, 204.   Ante, 

Joim  Choate  Esq'  p.  392,  chap. 


[Passed  October  28. 


162. 


CHAPTER    167. 

ORDER  FOR  APPOINTING  COURIERS  BETWEEN  BOSTON  AND  THE  ARMY. 

Ordered  That  the  Com'^^  of  War  be  directed  to  agree  with  Some  Legislative 
suitable  person  or  persons  to  be  Employed  as  a  Currier  between  councff  xi*L^ 
Boston  and  Albany,  And  also  with  another  person  to  be  employed  i9-  Mass. 
as  a  Currier  between  Albany  and  the  Camp  at  Lake  George  in  bcxV.IIgb. 


394 


Province  Laws  (i?e50?ves,  e^c).  — 1755-56.  [Chaps.  168-171.] 


House  Jour- 
nal, p.  203. 
Ante,  p.  296, 
chap.  325. 


order  to  the  receiving  more  speedy  advice  from  the  Army  during 
the  Continuance  of  the  Expedition  Against  Crown  Point.  [Passed 
October  2P. 


CHAPTEE    168. 

ORDER  FOR  DELIV«  TEMP^^  LAWS  TO   THE  REPRESENTATIVES  OF  THE 
TOWNS  OF  NEWBURY  AND  GLOUCESTER. 


Legislative 
Records  of  the 
Council,  xxi., 
19.    Mass. 
Archives, 
xllv.,  210. 

House  Jour- 
nal, p.  195. 


Ordered  That  the  Printer  for  this  Court  be  directed  to  deliver  at 
the  charge  of  this  Govern*^  A  Sett  of  the  Temporary  Laws  of  the 
Province  to  Cap'  Stephen  Emery  Member  for  the  Town  of  Newbury, 
and  Also  to  James  Davis  Esq''  member  for  the  Town  of  Glocester. 
[Passed  October  29. 


CHAPTEK    169. 


VOTE  SUBSTITUTING  JAMES  MINOT  AND  SAMUEL  LIVERMORE,  ESQ^^, 
FOR  THOMAS  HUTCHINSON  AND  THOMAS  HUBBARD,  ESQ^^,  AS  COM- 
MISSIONERS TO  REPAIR  TO  ALBANY  TO  FORWARD  CROWN  POINT 
EXPEDITION. 


Legislative 
Records  of  the 
Council,  xxi., 
19.    Mass. 
Archives, 
Ixxlv.,  697. 

House  Jour- 
nal, pp.  203, 
204  bis,  205. 
Ante,  p.  393, 
chap.  166. 


This  day  being  appointed  for  the  Choice  of  two  Commissioners 
to  proceed  to  Albany  for  forwarding  the  Expedition  against  Crown 
Point  in  the  Eoom  of  Thomas  Hutchinson  and  Thomas  Hubbard 
Esq"  who  have  declined  that  Service  the  follow^  Gent"  where '  Chosen 
by  a  Major  Vote  of  the  Council  and  Eepresentatives  viz' 

James  Minot  Esq' 

Samuel  Livermore  Esq' 
[Passed  October  29. 


Legislative 
Records  of  the 
Council,  xxi., 
20. 

House  Jour- 
nal, pp.  206, 207. 
Ante,  p.  346, 
chap.  44. 


CHAPTER    170. 

VOTE   CHOOSING  W«  BOLLAN,  ESQ",  AGENT  AT  GREAT  BRITAIN. 

John  Sharp  Esq,®  having  by  his  Letter  to  this  Court  excused 
himself  from  undertaking  the  trust  of  Agent  for  this  Province  in 
Great  Britain,  To  which  he  had  been  elected,  The  two  Houses  pro- 
ceeded to  a  new  Choice;     And 

William  Bollan  Esq""  was  duly  chosen  Agent  by  a  Major  Vote  of 
the  Council  &  House  of  Eepresentatives ; 

To  which  the  Lieu'  Governour  signed  his  Consent.  [Passed 
October  30. 


CHAPTER    171. 

VOTE  DESIRING  HIS  HONOR  THE    LIEUT    GOVERNOR    TO    APPOINT    A 
DAY  OF  PUBLICK    THANKSGIVING. 

Records^ofthe  ^^  CONSIDERATION  of  the  many  publick  Blessings  conferd  by 
Council,  xxi..  Almighty  God  upon  this  Province  in  the  course  of  the  Year  past, 
Arci^ve8%iii.,  more  especially  that  He  hath  been  pleased  to  Bless  the  Earth  and 
?!£: make  it  fruitful ;  which  calls  for  our  most  grateful  Acknowledgments 


*  Sic,  it  seems,  for  "were." 


[3d  Sess.]     Province  Laws  (Mesolves,  etc.).  — 1755-56.  395 

Voted  that  His  Hon''  the  Lieu'  Governour  be  desired  with  the  House  Jour- 
Advice  of  the  Council  to  appoint  a  Day  of  publick  Thanksgiving  *  Love's  Fast 
throughout  this  Province,  for  celebrating  the  high  praises  of  God  and  Thanks- 
therefor  And  that  all  Servile  Labour  be  forbidden  on  said  Day.  ofNewEng- 
[Passed  October  31.  ^^""^^  p-  ^^^ 


CHAPTER    172. 

ORDER    IMPOWERING    ARNOLD    WELLES    TO    EXPORT   PROVISIONS  TO 

SURINAM. 

A  Memorial  of  Arnold  Welles  of  Boston,  Merchant,  praying  Legislative 
for  Liberty  to  export  a  Quantity  of  Provisions  particularly  men-  councif,  xxi!^^ 
tioned,  to  Suranam  in  the  Schooner  Industry  Christopher  Hopkins,  21.  Mass. 
Master,  upon  his  giving  Security  to  carry  them  thither;  151.        '      "' 

Eead  and  Mass.  ' 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted  as  that  ^g^'^Houie  ^■' 
the  Comiss""  of  Impost  be  and  hereby  is  impowered  to  take  Bonds  of  Journal, 
One  thousand  Pounds  Sterl^  of  the  Pet^  for  landing  the  goods  men-  province  " 
tioned  at  the  Port  of  Surrinam ;  And  that  the  chief  Officer  of  said  ^^^J'-l^'^'^^^' 
Vessel  on  his  return  make  Oath  that  the  said  Provisions  were  Act-  p.  362, chap.  84. 
ually  landed  within  the  Port  aforesaid,  and  on  his  taking  the  Said 
Oath  the  said  Bonds  to  be  Cancelled.     [Passed  October  31. 


CHAPTER    173. 

VOTE  FOR  ESTABLISHM^  OF  GARRISONS  WITH  PAY,  AND   SUBSISTENCE, 
ON    THE  EASTERN  AND  WESTERN  FRONTIERS. 

Voted  That  The  following  Establishm'  be  made  for  the  Defence  Legislative 
of  the  Eastern  &  Western  Frontiers  of  this  Province,  Viz'  coSnc*if  xl^^ 

That  Fort  Halifax  &  y^  Store  house  at  Cushnoe  be  garrisoned  21.  Mass.' 
with  eighty  men  and  no  more:  ixx'w.Ieoi. 

The  fort  at  Brunswick  w""  five  men  &  no  more :  House  Jour- 

Fort  Frederick  at  Pemmaquid  w'^  twenty  men  and  no  more :  ^\  p-  2''^- 

The  Truck  house  at  S'  Georges  with  thirty  five  men  and  no  more:  chap'.ii.    ' 
The  Truck  house  at  Saco,  with  fifteen  men  and  no  more: 
Fort  Dummer  with  four  men  and  no  more,  the  chief  Comander 
to  have  only  Serjeants  pay: 

Fort  Massachusetts  with  twenty  five  men  &  no  more : 
That  for  the  Garrison  at  Pontoosuck  there  be  Six  men  and  no 
more: 

For  the  three  Garrisons  at  Charlemont  twelve  men  and  no  more 
For  the  three  Garrisons  at  Colerain  twelve  men  and  no  more: 
For  the  two  Garrisons  at  Fall-Town  Eight  men,  &  no  more 
And  that  the  pay  and  Subsistence  of  the  Garrison  Officers  &  Sol- 
diers be  the  same  as  was  provided  the  11""  June  last 

This  Establishm'  to  Commence  from  the  fifth  day  of  Nov"^  next 
&  to  Continue  to  the  fifth  day  of  March  next  following,  and  no 
longer. 
Also 
Voted  That  in  Case  there  be  any  Men  in  the  pay  of  the  Governm' 

*  The  thanksgiving  was  appointed  for  December  4,  1755,  and  was  public. 


396 


Province  Laws  (i?esoZves,  e^c).  — 1755-56.  [Chaps.  174, 175.] 


upon  the  Frontiers  which  are  not  herein  mentioned  That  they  be 
discharged:  & 

That  his  Hon''  the  L*  Gov''  &  Com''  in  chief  be  desired  To  Give 
orders  accordingly.     [Passed  October'  31. 


CHAPTER    174. 


Legislative 
Becords  of  the 
Council,  xxi., 
2-2.    Mass. 
Arcliives, 
xxxii.,  689. 

House  Jour- 
nal, pp.  209, 210. 
Ante,  p.  343, 
chap.  41. 


YOTE  DESIRING  HIS  HONOR  THE  LIEUT  GOVERNOR  TO  DECLARE  THE 
PENOBSCOT  INDIANS,  REBELS  AND  ENEMIES,  AND  FOR  ENCOURAGING 
VOLUNTIERS  AGAINST  THEM. 

In  the  House  of  Eepresentatives, 

For  as  much  as  upon  the  Eefusal  of  the  Indians  of  the  Penob- 
scut  Tribe  to  take  up  arms  &  to  act  offensively  with  us  against  the 
Arrasagunticook  &  other  Tribes  of  Indians  that  have  been  declared 
Enemies,  Rebels  &  Traitors  to  His  most  sacred  Majesty,  as  by  the 
Treaties  subsisting  between  Us  &  the  said  Penobscut  Indians,  they 
were  obliged  to  do ;  and  upon  divers  Hostilities  lately  committed  by 
them.  This  House  have  desired  His  Honour  the  Lieu'  Governour  & 
Commander  in  Chief  to  declare  them  Enemies  &  Rebels:    Therefore 

Voted,  that  upon  such  Declaration  being  made  &  publish'd  the  same 
Bounty  &  Encouragement  be  given  &  paid  out  of  the  Publick  Treas- 
ury, for  every  Penobscut  Indian  Prisoner  that  shall  be  brought  into 
Boston,  &  for  every  Scalp  of  a  Penobscut  Indian  that  shall  be  kill'd 
as  have  been  allowed  by  this  Court,  for  those  of  the  other  Tribes 
before  mentioned;  And  that  all  Persons  who  may  go  forth  or  be 
engaged  against  the  said  Penobscuts,  be  under  the  same  Regula- 
tions as  have  been  Ordered  in  relation  to  such  as  should  go  forth 
against  the  other  Tribes. 

In  Council  Read  &  Concur'd.     [Passed  Novemier  1. 


CHAPTER    175. 


ORDER    ACCEPTING    REPORT    OF    COMMITTEE    ON    LETTERS    OF    GOV« 
SHIRLEY  &  GENi-  JOHNSON. 


Legislative 
Records  of  the 
Council,  xxi., 
24^ 

Mass. 

Archives,  Iv., 
27;  Ixxiv.,  610. 
Legislative 
Records  of  the 
Council,  xxi., 
20  6fc,  21, 23  6is. 
House  Jour- 
nal, pp.  210, 214. 
Ante,  p.  392, 
chap.  162. 


Province  of  the  Massachusetts  Bay:  The  Committee 

appointed  to  consider  the  Letters,  last  received  from  His  Excel- 
lency the  Governour,  &  from  General  Johnson  relating  to  the  Army 
designed  against  Crown  Point;  having  attended  the  Service,  are 
humbly  of  Opinion;  That  Commissioners  from  this  Governm' 

repair  to  the  City  of  Albany,  as  soon  as  may  be;  (And  if  they  judge 
it  convenient,  to  the  Camp  at  Lake  George)  And  that  it  be  proposed 
to  the  other  Governments  concerned  in  the  Expedition,  immediately 
to  send  Commissioners  thither  also,  to  consider  &  Determine  on  the 
most  proper  Measures  for  his  Majesty's  Service,  &  the  Interest  of  the 
several  Governments,  so  far  as  respects  the  said  Expedition,  and  to 
consult  with  Major  General  Shirley,  if  there  present:  That  it  be 
an  Instruction  from  the  Commissioners  from  this  Government,  That 
by  all  prudent  Ways  &  Means  in  their  Power  they  endeavour  that 
the  Expedition  may  still  be  carried  on  to  Effect,  before  the  Expira- 
tion of  the  Term  of  Enlistment,  at  least  that  the  Army  or  such  part 
thereof,  as  shall  be  necessary  be  employed  for  the  Removal  of  the 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  397 

French  from  Ticonderogo,  and  the  other  Advances  they  have  made 
on  his  Majesty's  Territories  near  that  Pass;  That  the  Commissioners 
be  itnpowered  to  agree  &  engage  for  this  Governments  Proportion 
of  any  extraordinary  Charge,  that  may  be  necessary  for  the  speedy 
Transportation  of  the  Provisions,  and  also  to  engage  for  a  future 
Additional  Allowance  of  Wages,  at  the  Discretion  of  the  said  Com- 
missioners, to  such  Officers  &  Soldiers  as  shall  appear  well  disposed 
to  promote  &  forward  such  Transportation,  &  to  undertake  such 
other  important  Services  as  may  be  agreed  in  the  Prosecution  of 
said  Expedition  within  the  Term  aforesaid; 

That  the  said  Commissioners  be  enjoined  to  take  the  most  imme- 
diate &  most  effectual  Care,  that  every  Provision  possible  be  made 
for  the  sick  in  the  Army;  either  by  their  immediate  Eemoval,  or 
other  Accomodations,  in  Order  to  Preserving  their  Lives  &  Restor- 
ing them  to  Health ;  And  that  every  other  necessary  Provision  be 
made  for  the  Preservation  of  the  Health  of  the  rest  of  the  Army. 
In  the  Name  of  the  Com'"^  Will"*  Pepperil 

Eead  & 

Ordered  that  this  Report  be  accepted.     [Passed  JSfovemher  3. 


CHAPTEE    176. 

ORDER  ALLOWING  THE  ACCOUNT  OF  THE   TREASURER  OF  PLYMOUTH 

COUNTY. 

An  Accompt  presented  by  Edward  Winslow  Esq""  Treasurer  of  B|for|"of  t^e 
the  County  of  Plymouth  for  the  last  Year,  having  been  laid  before  council, xxi., 
the  Court  of  General  Sessions  of  the  Peace  for  said  County  &  by  ArcMves^ 
them  allowed,  ccxiviii.,'i96. 

[Read  &]  Archives 

Ordered  That  this  Account  be  allowed,  and  that  the  Balance  ccxmu.,  1%. 
thereof,  being  Ten  pounds  Nineteen  Shillings  And  one  peny  half  ^[^ai^pfis.'si, 
peny,  the  said  Treasurer  be  further  Accountable  to  the  said  County  i95.' 
for.     [Passed  November  <?.' 


CHAPTER    177. 

ORDER  ACCEPTING  REPORT   OF  COMMITTEE  ON  SICK  SOLD^^, 

The  Committee  to  whom  was  referred  a  Letter  from  John  Chand-  R^^^^jf*'^*  *!, 
ler  Esq"  to  Thomas  Hutchinson  Esq""  having  maturely  considered  the  councn,  xxi., 
same  are  humbly  of  Opinion,  that  the  Vote  of  this  Court  of  the  27""  Archfv'eT,' 
of  September  last  will  be  a  sufficient  Provision  with  this  Addition,  ixxiv.,  612. 
viz'  That  our  Commissioners  supply  such  Soldiers  with  Provisions  Legislative 
sufficient  for  their  Support;  And  that  the  said  Vote  be  printed  &  councif.xxi.,^ 
posted  along  the  Road,  By  Order  of  the  Comm'^^  joi^nai^°'^^^ 

James  Minot,      pp.  m,  216. 

-D       1  -1  '         Ante,  p.  389, 

Read  and  chap.  155. 

Ordered  That  this  report  be  Accepted.     [Passed  November  4. 

•  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  the  date  is  November  4. 


398 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  178-180.] 


CHAPTEK    178. 


ORDER  IMPOWERING  JOHN   SCOLLAY    TO    EXPORT    GUN    POWDER    TO 
NORTH   CAROLINA. 


Iiegislative 
Records  of  the 
Council,  xxi., 
25.    Mass. 
Archives,  IxY., 
153. 

Mass. 

Archives,  Ixv., 
152.    House 
Journal,  p.  215. 
Province 
Laws,  lii.,  866, 
chap.  7;  949, 
note. 


A  Petition  of  John  Scollay  of  Boston ;  praying  for  Liberty  from 
this  Court  to  ship  off  three  Barrells  of  Gun  Powder  in  the  Brigan- 
teen  Peggy  for  North  Carolina,  where  it  is  much  wanted : 

Eead  and 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted  as 
that  the  Pef  be  allowed  to  ship  off  the  powder,  within  mentioned 
in  the  said  Vessel,  he  giving  Bond  w'^  sufficient  Sureties  in  the  Sum 
of  One  Thousand  pounds  for  the  delivery  of  Said  Powder  in  North 
Carolina.     \^Passed  November  4. 


Legislative 
Records  of  the 
Council,  xxi., 
25. 

House  Jour- 
nal,  p.  216. 
Ante,  p.  372, 
Chap.  108. 


CHAPTEE    179. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  ON 
TEA,  COFFEE,  &c^,  FOR  THE  COUNTY  OF  SUFFOLK,  AND  ALLOWING 
£2.  14  FOR  THE  EXPENSE   THEREOF. 

The  Committee  for  letting  out  to  farm  the  Excise  on  Tea,  Coffee 
&c*  for  the  County  of  Suffolk,  reported  that  they  had  let  out  the 
same  to  William  Whitwell  of  Boston  for  Five  hundred  &  five  Pounds, 
&  have  taken  his  Bond  with  Sureties,  which  they  have  lodged  in  the 
Treasury,  Praying  to  be  allowed  their  Charges, 

Bead  & 

Ordered  that  this  Eeport  be  accepted ;  and  that  there  be  allowed 
out  of  the  publick  Treasury  the  Sum  of  Two  Pounds  fourteen  Shil- 
lings to  the  said  Committee  in  full  Discharge  of  their  Acco'  annexed. 
[Passed  November  4. 


CHAPTEE    180. 


Legislative 
Records  of  the 
Council,  xxi., 
26.     Mass. 
Archives, 
Ixxiv.,  618. 

Legislative 
Records  of  the 
Council,  xxi., 
25  bis,  26. 
House  Journal, 
pp.  217,218,219. 
Ante,  p.  393, 
chap.  166; 
p.  394,  chap. 
169. 


VOTE  APPOINTING  ADDITIONAL  COMMISSIONERS  TO  REPAIR  TO  ALBANY 
TO  FORWARD   CROWN  POINT  EXPEDITION. 

This  day  being  appointed  for  the  Choice  of  two  Commissioners 
to  be  added  to  the  Com"  already  Chosen  to  repair  to  Albany  for 
forwarding  the  Expedition  ag"  Crown  point  when  the  following 
Gent"  where  Chosen  by  a  Major  Vote  of  the  Council  and  House 
of  Representatives  viz' 

Oliver  Partridge  Esq' 
Joseph  Hawley  Esq' 
[Passed  November  5. 


[3d  Sess.]     Province  Laws  {Besolves,  etc.).  — 1755-56.  399 


CHAP  TEE    181.  Kro7the 

Council,  xxi., 

ORDER  ALLOWING   £500  TO  THE   COMMISS^s  AT   ALBANY.  ArcMv^es^,' 

lxxiv.,617. 


Ordered  That  the  Sum  of  Five  hundred  Pounds  be  allowed  &  ^aTp^aiT'" 
paid  out  of  the  Public  Treasury  to  the  Commissioners  appointed  Ante,  "p.  393, 
to  repair  to  Albany,  They  to  be  Accountable.    [^Passed  November  5.  p.  394,  chap. 

169.    Supra, 
chap.  180. 


CHAPTEE    182. 

ORDER  GRANTING  TO  FREELOVE   EVERDEN  LICENCE  TO   SELL  STRONG 

DRINK. 

A  Petition  of  Freelove  Everden  of  Boston,  shewing  that  her  Legislative 
Husband  is  supposed  to  be  lost  being  left  in  a  dangerous  Storm  &  o^uncif  xx*l  * 
never  since  heard  of;  by  which  Means  she  is  left  with  little  or  noth-  27.  Mass. 
ing  to  support  her  Family,  Praying  that  this  Court  would  impower  es.         '      '* 
the  Court  of  General  Sessions  of  the  Peace  to  grant  her  a  Licence  Mass. 
to  retail  spiritous  Liquors  in  Boston,  ^'^"^  mmse^^'' 

Read  and  joumai, 

Ordered  That  the  Prayer  of  this  Pet°  be  so  far  granted  as  that  ^^'  ^^'  ^^^' 
the  Justices  of  the  Court  of  Gen^  Sessions  of  the  Peace  for  the 
County  of  Suffolk  be  and  hereby  are  impowered  at  their  present 
Sessions  to  grant  a  Licence  to  the  Pef  (if  they  See  fitt)  to  be  a 
retailer  of  Spirituous  Liquors  in  the  Town  of  Boston,  She  Obtain- 
ing the  Approbation  of  the  Select  Men  of  S"  Town,  the  Time  for 
Granting  of  Licenses  being  elapsed  Notwithstanding.  [Passed 
November  5. 


CHAPTEE    183. 

RESOLVE  CONFIRMING  M«  BOLLANS  LATE  ACTINGS  IN  THE  AGENCY. 

Whereas  this  Court  on  the  11*^  day  of  June  last  made  Choice  Legislative 
of  John  Sharpe  Esq''  to  be  the  Agent  of  the  Province  in  Great  coundf  xxi!^* 
Britain  in  the  room  of  William  Bollan  Esq"^  who  desired  to  be  dis-  27.  Mass. 
charged  from  that  Trust  and  whereas  the  said  John  Sharpe  Esq'  399?  '"^^^•^^^■' 
has  excused  himself  from  accepting  the  Agency  and  the  said  W"^  Mass. 
Bollan  Esq''  has  continued  to  Act  for  and  in  behalf  of  the  Province  ^o^^^'^ouse^'"' 
in  divers  affairs  in  Great  Britain  and  on  the  30*^  day  of  Oct'  last  Journal, 
was  again  Chosen  into  the  Place  of  Agent.  SwVefp.^Me, 

Resolved  that  every  matter  and  thing  transacted  by  the  said  Wil-  chap*  176^*^^*' 
liam  Bollan  Esq'  since  his  resignation  of  the  Trust  of  Agent  which 
he  might  lawfully  have  done  had  he  not  so  resigned  be  and  hereby 
is  approved  ratified  and  confirmed.     [Passed  November  6. 


400 


Province  'LAWs(Iiesolves,etc.).  — 1755-56.  [Chaps.  184, 185.] 


CHAPTEE    184. 


RESOLVES  DEFINING  THE  POWERS  OF  THE  COMMISSIONERS  AT  ALBANY. 


Legislative 
Records  of  ttie 
Council,  xxi., 
28.    Mass. 
Archives, 
Ixxiv.,  622. 

House  Jour- 
nal, p.  223. 
Ante,  p.  393, 
chap.  166; 
p.  394,  chap. 
169;  p.  398, 
chap.  180. 


Whereas  James  Minot,  John  Choate  &  Samuel  Livermore  Esq" 
were  chosen  Comm"  by  this  Court  in  Consequence  of  the  Eeport 
of  a  Comm^^  of  both  Houses  accepted  by  the  Court  the  27"^  of 
Octo"",  and  for  the  PurjDoses  mentioned  in  said  Eeport ;  And  whereas 
Oliver  Partridge  &  Joseph  Hawley  Esq"  have  been  since  chosen 
Comm"  in  Consequence  of  the  Report  of  a  Com^®  of  both  Houses 
accepted  by  the  Court  the  3^'^  Instant; 

Resolved  that  the  said  Ja^  Minot  John  Choate,  Oliver  Partridge 
Samuel  Livermore  &  Joseph  Hawley  Esq"  be  &  hereby  are  declared 
to  be  the  Commiss"  from  this  Court  for  all  the  Purposes  mentioned 
in  both  of  said  Reports,  Any  three  of  whom  to  be  a  Quorum;  And 
whereas  in  the  last  mentioned  Report  the  Commiss"  are  impowered 
to  engage  for  a  future  Additional  Allowance  of  Wages  according  to 
their  best  Discretion,  to  such  Officers  &  Soldiers  as  shall  appear  well 
disposed  to  undertake  such  important  Services  as  may  be  agreed  on 
in  the  Prosecution  of  the  Expedition  against  Crown  Point ; 

Resolved  that  it  was  the  True  Intent  &  Meaning  of  this  Court  to 
include  as  well  matters  of  the  Ordinary  Military  Service  that  shall 
or  may  readily  &  chearfully  be  ingaged  in  by  the  Soldiery  as  also 
any  extraordinary  Services  that  may  be  found  necessary  for  promot- 
ing said  expedition,  during  the  Term  for  which  the  Soldiers  were 
enlisted.     [^Passed  Novetnber  6. 


Legislative 
Records  of  the 
Council,  xxi., 
29.    Mass. 
Archives, 
xxiii.,  6. 

Mass. 
Archives, 
xxiii.,  4,  5. 
Legislative 
Records  of  the 
Council,  XX., 
521,  522;  xxi., 
27.    House 
Journal, 
pp.  221,  224,226. 
Province 
Laws,  iii.,  951, 
note. 


CHAPTEE    185. 

ORDER    ACCEPTING   REPORT    OF    COMMITTEE    ON    THE   STATE    OF   THE 
FRENCH  NEUTRALS  ON  BOARD  TRANSPORTS  IN  BOSTON  HARBOUR. 

The  Committee  appointed  to  examine  into  the  State  of  the 
French  Neutrals  in  the  several  Transports,  now  lying  in  the  Har- 
bour of  Boston,  having  attended  the  Affair  are  of  Opinion  that 
Liberty  be  given  for  landing  so  many  of  said  Neutrals  as  will 
reduce  those  that  may  be  left  on  board  of  any  Transport,  to  the 
Proportion  of  two  Persons  to  a  Tun,  The  hon'''^  Benjamin  Green 
Esq""  of  Halifax  having  assured  the  Committee  that  he  will  settle 
the  Affairs  with  the  Masters  of  the  Vessells, 

Which  is  humbly  submitted :  Joseph  Pynchon  p  Order 

Read  & 

Ordered  this  report  be  accepted.     [Passed  November  7. 


[3d  Sess.]     Province  Laws  {BesolveSy  etc.).  — 1755-56.  401 

CHAPTEK    186. 

ORDER  APPOINTING  A  COM™=  TO  DISPOSE  OF  FRENCH  NEUTRALS. 

In  the  House  of  Rep*  Rlfords'onhe 

Ordered  That  M'  Speaker  M'  Tyng  M'  Cooper  M'  Gridley  and  councif,  xxi.,^ 
James  Bowdoin  Esq''  with  such  as  the  Hon^  Board  shall  join  be  a  ArcMves,' 
QQjj^tee  ^jj^  ^\^Q  recess  of  the  Court)  to  Order  &  direct  in  the  dis-  ^xiii.,5. 
position  of  Such  of  the  Inhabit^^  of  Nova  Scotia  as  are  or  may  be  House  Jour- 
sent  hither,  and  that  they  dispose  of  them  in  such  manner  as  may  siipra,  chap, 
be  least  Inconvenient  to  this  Gov'  ^^^* 

In  Council  Eead  and  Concur'd  and  Sam''  Watts,  Andrew  Oliver, 
Joseph  Pynchon,  John  Erving  and  W"  Brattle  Esq"  are  joined  in 
the  Affair.     \_Passed  November  7. 


402 


Province  Laws  {Resolves,  etc.) .  — 1755-56.  [Chaps.  187, 188.] 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Eleventh  Day  of  December,  A.D.  1755. 


CHAPTER    187. 


Legislative 
Records  of  the 
Council,  xxl., 
31.    Mass. 
Archives, 
xllv.,  217. 

House  Jour- 
nal, 5.  229. 
Province 
Laws,  iil.,  64, 
chap.  32. 


ORDER  ADJOURNING  THE  COURTS  OF  PLYMOUTH  COUNTY. 

Whereas  divers  of  the  Justices  of  the  Court  of  General  Sessions 
of  the  peace,  and  Inferiour  Court  of  Common  pleas,  which  by  Law 
are  to  beholden  at  Plymouth,  in  the  County  of  Plymouth,  on  the 
third  Tuesday  of  December  current  are  Members  of  this  Court, 
and  the  important  Affairs  of  the  Province  now  depending,  require 
their  Attendance  thereon;     Wherefore 

Ordered  that  the  Courts  aforementioned  (that  were  to  be  held  at 
the  time  aforesaid)  be  and  hereby  are  Adjourn'd  to  the  first  Tues- 
day of  March  next  to  be  held  at  the  Courthouse  in  said  Town  of 
Plymouth  at  ten  of  the  Clock  in  the  forenoon  of  said  Day :  and  all 
pleas,  Writs,  Actions,  Suits,  Plaints,  Processes,  Precepts,  Eecog- 
nizances,  &  other  Thing  &  Things  whatsoever  returnable,  or  hav- 
ing Day  or  Days  in  the  said  Courts,.  Shall  stand,  abide  &  Continue 
unto  the  said  Adjournment,  and  be  held,  deemed,  and  Adjudged 
to  be  as  good  effectual  &  available  in  Law,  to  all  Intents  Construc- 
tions &  purposes,  as  if  such  Courts  had  been  held  &  kept  on  the 
day  by  Law  for  holding  the  Same,  and  no  Adjournment  thereof 
had  been  made.     [^Passed  December  12. 


CHAPTER    188. 


Legislative 
Records  of  the 
Council,  xxl., 
32.    Mass. 
Archives,  cxi., 
356. 

Mass. 

Archives,  cxi., 
355.    House 
Journal,  p.  229. 


ORDER   GRANTING   ABRAHAM    JACKSON   LICENCE    TO    SELL   STRONG 

DRINK. 

A  Petition  of  Abraham  Jackson,  of  Newton  Eetailer,  shewing 
that  he  was  hindred  from  renewing  his  Licence  at  the  proper  Sea- 
son, Praying  that  the  Court  of  General  Sessions  of  the  Peace  for 
the  County  of  Middlesex  may  be  impowered  to  renew  his  Licence 
at  their  present  Sitting. 

Read,  and 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted  as 
that  the  Justices  of  the  Court  of  Gen^  Sessions  of  the  peace  for 
the  County  of  Mid^  at  their  present  Sitting  be  and  hereby  are  im- 
powered *  to  grant  the  Petitioner  a  Licence  to  retail  spirituous 

*  The  words  "at  their  present  sitting  be  and  hereby  are  impowered,"  are  underlined  in 
the  Mass.  Archives,  cxi.,  365,  356. 


[4th  Sess.]     Province  Laws  {Resolves,  etc^).  — 1755-56.  403 

Liquors  in  the  Town  of  Newton  (if  they  See  fitt)  He  Obtaining 
the  approbation  of  the  select  Men  of  S*^  Town  the  Time  for  grant- 
ing Licences  being  elapsed  Not  withstanding.    {^Passed  Decennber  12, 


CHAPTER    189. 

VOTE  GRANTING  LIBERTY  TO  SHIP  GUN  POWDER  TO  ANY  OF  THE  GOV- 
MENTS  OF  HIS  MAJESTY  ON  THIS   CONTINENT. 

Voted  that  the  Commander  in  Chief  for  the  Time  being,  with  glfof^s  of  the 
the  Advice  of  the  Council  be  desired  to  grant  Liberty  for  for '  the  councu,  xxi., 
Shiping  of  Gun  Powder  to  any  of  his  Majesty's  Governments  upon  ^— —  . 

the  '  Continent,  the  Exporter  giving  sufficient  Bond  to  the  Commis-  Archives,  vi., 
sioner  of  the  Impost  for  the  landing  of  the  same  in  one  or  other  213.  House 
of  the  Ports  in  the  abovement^  Governm'^     \_Passed  December  13.    pp.216, 231. 


I 


CHAPTER    190. 

RESOLVE  IMPOWERING  WILLIAM  AND   JEMIMAH   HENSHAW   WITH  THE 
OTHER  HEIRS  TO  EXECUTE   A  DEED  OF  SALE  OF  REAL  ESTATE. 

A  Petition  of  William  Henshaw,  shewing  that  he  intermarried  Rf^'^lf^^fth 
with  Jemimah,  one  of  the  Daughters  &  Heirs  of  Jonathan  Furnass,  council,  xxi., 
late  of  Boston  dec*^  (which  Jemimah  is  still  in  her  Minority)  Pray-  ArcWves%Lx., 

ing  that  the  Pet"^  may  by  this  Court  be  impowered  to  join  with  the  ^ 

Guardian  of  the  other  Minor  Children  (already  impowered  by  the  Mass. 
Court')  in  selling  a  House  &  Land  in  Boston,  left  by  the  said  Jona-  340?  House ^'' 
than  to  his  Children ;  which  will  be  much  to  their  Advantage  pp'^tf^k')  236 

read  &  240.  Ante, 

Resolved  that  the  Prayer  of  the  Petitioner  be  so  far  granted  that  79.  '  ^  *^' 
upon  the  Petitioners  W°  &  Jemima  in  conjunction  with  the  other 
Heirs  herein  mentioned,  making  a  deed  of  sale  of  the  house  &  lands 
within  referred  to,  the  same  shall  to  all  intents  &  purposes  whatso- 
ever be  as  valid  in  Law,  as  if  the  s*^  Jemima  was  of  full  age.  {^Passed 
Decemher  16. 


CHAPTER    191. 

VOTE    CALLING    A    MEETING    FOR    CHOOSING    PRECINCT    OFFICERS    IN 
MIDDLEBOROUGH  PREC^. 

Whereas  the  Two  Easterly  Precincts  of  Middleboro  by  an  Act  Legislative 
or  Order  of  this  Court  in  June  last  were  reunited  into  One  Pre-  coundi^  xx*i!l^ 
cinct,  and  many  inconveniences  have  Arisen  since  the  uniting  of  ^\.f^^^^^- 
said  Precincts  for  want  of  proper  Precinct  officers  in  said  United  cxvii.,  69.' 
Precincts :  Therefore  House  Jour. 

Voted  That  Peter  Oliver  Esq''  be  and  hereby  is  impowered  to  issue  239.' ^^n/e',^^^' 
his  Warrant  to  some  Inhabitant  of  said  Precinct  as  now  united,  p.  341,  chap.  39. 
requiring  him  in  his  Majesty's  name  to  warn  and  notify  the  Inhabi- 

1  Sic. 

^  The  amendment  in  Mass.  Archives,  vi.,  214,  reads,  "this." 

^  On  "the  Petition  of  Powers  Mariot."    See  ante,  p.  360,  chap.  79. 


404 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  192, 193.] 


tants  of  said  Precinct  qualified  to  Vote  in  Town  Affairs,  that  they 
meet  together  at  such  time  &  place  in  said  Precinct  as  by  said  War- 
rant shall  be  directed,  to  choose  such  Officers  as  may  be  necessary 
to  manage  the  affairs  of  s*^  Precinct,  Untill  their  annual  Meeting 
in  March  next;  and  the  Inhabitants  being  so  met,  shall  be  and 
hereby  are  impowered  to  choose  such  officers  accordingly:  And 

the  Said  Peter  Oliver  Esq'  is  hereby  appointed  Moderator  of  Said 
Meeting  to  Order  and  regulate  the  same.     [Passed  December  17. 


CHAPTER    192. 

VOTE  FOR  THE  PROV™  TREAS"  GIVING  BOND  &c^  AND    APPOINTING  A 
COMMITTEE  ON  THE  SUFFICIENCY  THEREOF. 


l/eglslative 
Kecords  of  the 
Council,  xxi., 

34.  Mass. 
Archives,  ciii., 
379. 

Legislative 
Records  of  the 
Council,  xxi., 

35.  House 
Journal, 
pp.  237,  238. 


In  the  House  of  Rep^«^ 

Voted  that  no  Person  that  shall  be  Elected  by  the  Court  into 
the  Office  of  Treasurer  and  Eeciever  Gen'  for  this  Province  for  the 
present  Year,  shall  be  esteemed  duely  qualifyed  to  enter  upon  the 
Execution  of  that  Office,  until  He  shall  first  have  an  Oath  ad- 
ministred  to  him  for  his  faithfully  performing  of  his  said  Office ; 
and  shall  also  give  Bond  with  sufficient  Sureties  to  the  acceptance 
of  a  Committee  app'^*'  by  this  Court  for  that  purpose  in  the  sum 
of  thirty  thousand  pounds  Lawful  Money  to  the  three  eldest  Coun- 
cellors  in  the  Province  for  the  time  being  Who  are  hereby  app*®**  a 
Comm^®  in  behalf  of  the  Province,  and  especially  Authorized  for 
this  purpose  which  Bond  shall  be  condition'd  for  such  Treasurer's 
truly  and  faithfully  discharging  the  Duty  of  His  Office  according 
to  Law,  and  for  his  rendring  an  Ace'  when  and  so  often  as  He  shall 
be  required  by  the  Gen'  Court  of  all  such  Sums  of  Money  as  He 
shall  from  time  to  time  recieve  into  the  Treasury,  and  for  his  well 
and  truly  paying  to  His  successor  in  said  Office,  or  to  any  other 
Person  that  may  be  app^*''  by  the  Gen'  Court  to  recieve  the  Same 
all  such  Sum  or  Sums  of  Money,  as  upon  Such  Settlement  of  his 
said  Acc*%  or  otherwise  shall  be  found  due  and  payable  from  him 
to  the  Province  provided  that  the  said  Bond  be  put  in  Suit  within 
two  Years  next  after  the  Date  thereof;  otherwise  to  be  Void  and 
of  none  Effect :  and  that  James  Bowdoin  Esq'  and  M"  John  Tyng  with 
such  as  the  Hon'''''  Board  shall  appoint  be  a  Comm®®  to  Judge  of  the 
Sufficiency  of  such  as  may  Offer  to  become  Sureties  for  the  Treas- 
urer as  aforesaid. 

In  Council  Read  &  Concur'd  &  John  Erving  Esq'  is  joined  in  the 
Affair.     \^Passed  December  17. 


CHAPTEE    193. 

ORDER  IMPOWERING  MILES   WARD,  JUN«,  TO    EXPORT    PROVISIONS    TO 
LEEWARD  ISLANDS. 

Refordsof^he  A  PETITION  of  Milcs  Ward  [Jun.]  '  of  Salem  Merch*,  Praying 
Council,  xxi.,  that  he  may  have  Liberty  from  this  Court  to  send  in  the  Schooner 
Archive8,'ixv.,  Polley  John  Hathorne  IVP  bound  for  S'  Christophers,  Anguilla  & 

*  Inserted  from  the  House  Journal,  p.  229. 


[4th  Sess.]     Province  Laws  (Hesolves,  etc.).  — 1755-56.  405 

Tortola,  about  Fifty  Barrells  of  Beef  &  Pork,  w'^'^  he  has  provided  ^^^^[^^^  j^^ 
for  the  said  Voyage.  159.  House 

Eead  and  pp.  229,230, 231, 

Ordered  That  the  Prayer  of  this  Petition  be  Granted;  &  y*  the  239.240. 
Comiss""  Of  Impost  or  his  Deputy  be  and  hereby  is  impowered  to 
take  Bond  of  One  Thousand  Pounds  Sterling  Of  the  Petitioner 
with  Sureties  for  landing  the  Fifty  bar"  of  Beef  &  Pork  mentioned, 
at  the  Island  of  S'  Kitts,  Anguilla  or  Tortola,  And  that  the  Chief 
Officer  of  said  Vessel  on  his  return  make  Oath  that  the  said  Provi- 
sions were  Actually  landed  at  one  or  more  of  the  said  Islands,  and 
on  his  taking  the  said  Oath,  &  producing  a  Certificate  of  y^  Land- 
ing the  said  provisions  from  the  Officer  or  Officers  of  his  Majesty's 
Customs  there,  the  said  Bond  to  be  Cancelled.  [Passed  Decem- 
ber 17. 


CHAPTER    194. 

ORDER    IMPOWERING    THO^   BOYLSTONE    TO    EXPORT   PROVISIONS  TO 
THE  BAY  OF  HONDURAS. 

A  Petition"  of  Thomas  Boylstone  of  Boston  Merchant,  Praying  Legislative 
for  Licence  from  this  Court  to  send  in  the  Brign'^^  Eebecca         Mac-  coundf,  xlf!]^ 
carty  Master,  to  the  Bay  of  Honduras,  One  hundred  Barrells  of  Pro-  36. 
visions  with  the  other  part  of  the  Cargo,  he  giving  Bond  as  usual.  House  Jour- 

T>         A      C  UHl,  p.  2a9< 

Xteaa  CC  Ante,  p.  270, 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  granted  as  that  ^^^^-  '^^^• 
the  Pet'  have  Liberty  to  ship  on  board  the  Vessel  mentioned.  One 
hundred  Barrells  of  Provisions  for  the  Bay  of  Honduras;  And  that 
the  Commissioner  of  Impost  or  his  Deputy  be  &  hereby  is  impow- 
ered to  take  Bond  of  One  Thousand  Pounds  Sterling  of  the  Pet' 
with  Sureties,  for  landing  or  disposing  of  the  same  at  the  Bay  afore- 
said; And  that  the  Master  or  Chief  Officer  of  the  said  Vessel  on  his 
Eeturn  make  Oath  that  said  Provisions  were  landed  or  disposed  of 
as  aforesaid,  and  on  his  taking  said  Oath  his  Bond  to  be  cancelled. 
[Passed  Decemher  17. 


CHAPTER    195. 

ORDER  IMPOWERING  RACHEL  HOW,  ADMIN^  TO  SELL    REAL    ESTATE 
AND  MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Eachel  How  Widow  of  James  How,  late  of  Worces-  Legislative 
ter  Dec**  &  Administ"^  of  his  Estate,  shewing  that  there  are  consid-  couSdf  xxi!^* 
erable  Debts  due  therefrom,  beyond  what  the  Personal  Estate  will  36. 
answer,  and  to  sell  a  Part  of  the  Eeal  Estate  will  greatly  prejudice  House  Jour- 
the  rest.  Praying  that  she  may  be  impowered  to  sell  the  whole  of  proV?nce^' 
the  Eeal  Estate,  ^h'kTVn''  ^^^' 

Eead  & 

Ordered  that  the  Prayer  of  the  Petition  be  granted  And  the  Peti- 
tioner is  hereby  impowered  to  make  Sale  of  the  within  mentioned 
Estate,  with  the  Assistance  of  M'  Phineas  Haywood  &  Timothy 
Pain  Esq'  for  the  most  the  same  will  fetch,  after  due  Publication 
thereof,  as  is  usual  in  such  Cases,  she  giving  sufficient  Security  to 
the  Judge  of  Probate  for  the  County  of  Worcester  to  accompt  for 


chap.  10. 


406 


Province  Laws  {Resolves^  etc.).  — 1755-56.  [Chaps.  196, 197.] 


the  Money  arising  by  said  Sale,  and  that  the  Income  of  one  third 
Part  be  applied  to  the  Support  of  the  Pet'  after  the  just  Debts  are 
duly  paid,  the  Eesidue  of  the  two  Thirds  be  divided  to  &  amongst 
the  Heirs  of  the  Deceased  according  to  Law,  and  that  the  whole 
of  what  shall  be  coming  to  the  Minor  Children  be  put  out  to  Use 
for  their  Benefit,  &  Advantage  by  their  Guardians.  [^Passed  Decem- 
ber 18. 


Legislative 
Records  of  the 
Council,  xxi., 
37.    Mass. 
Archives,  xix., 
343. 

Mass. 

Archives,  xix., 
342.    House 
Journal,  p.  241. 
Province 
Laws,  ii.,  151, 
chap.  10. 


CHAPTEK    196. 

ORDER  IMPOWERING  DAVID  BANCROFT,  ADMIS^,  TO  SELL  REAL  ESTATE. 

A  Petition  of  David  Bancroft  Administrator  of  the  Estate  of 
Nathaniel  Bullard,  dec**  shewing  that  the  said  Estate  is  insolvent, 
and  that  the  Real  Estate  must  be  sold  to  pay  the  Debts,  and  there- 
fore praying  that  this  Court  would  impower  the  Petitioner  to  sell 
the  same  accordingly : 

Read  and 

Ordered  that  the  prayer  of  the  within  Petition  be  granted  and 
the  Petitionr  be  &  hereby  is  impowered  to  make  Sale  of  the  within 
Lands  to  the  highest  bider  and  to  Execute  a  good  Deed  or  Deeds 
of  the  Same  he  attending  the  directions  of  the  Law  Relateing  to 
the  Publication  of  the  time  &  place  of  Sale  mentioned  in  the  Act 
of  the  Sixth  year  of  his  Late  Majestys  reign  Chap  3^  and  giving 
due  Caution  to  the  Judge  of  Pro  [bate]  for  the  County  of  Worces- 
ter for  duely  applying  the  mony  ariseing  by  such  sale.  [^Passed 
December  18.^ 


CHAPTEK    197. 


ORDER    IMPOWERING    ELISA^h    LAZEL,   EXECUTRIX,  TO    SELL    REAL 
ESTATE   AND  MAKING  PROVISION   IN  REGARD  TO  THE  PROCEEDS. 


Legislative 
Records  of  the 
Council,  xxl., 
37.    Mass. 
Archives,  xix., 
339. 

Mass. 

Archives,  xix., 
338.    House 
Journal, 
pp.  235,  243. 
Province 
Laws,  il.,  151, 
chap.  10. 


A  Petition  of  Elisabeth  Lazel  Widow  of  Jacob  Lazel  late  of 
Middleborough  dec**  shewing  that  the  Estate  of  the  said  Jacob  is 
much  involved  by  the  Debts  due  from  it,  that  it  will  be  a  great 
Loss  to  sell  only  a  Part  of  the  Real  Estate,  Praying  that  the  whole 
Real  Estate  may  be  sold. 

Read  and 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted  as 
that  the  s"^  Elisabeth  in  her  Capacity  be  and  she  hereby  is  impow- 
ered to  make  Sale  of  the  House  and  Land  in  said  Petition  mentioned, 
&  to  execute  a  good  Deed  thereof,  she  Observing  the  Directions  of 
the  Law  in  such  Cases ;  And  first  giving  sufficient  Security  to  y® 
Judge  of  Probate  for  the  County  of  Plymouth,  that  the  proceeds 
Arising  by  said  Sale  (after  the  Debts  due  from  Said  Estate  are  paid) 
be  placed  at  Interest  for  the  Benefitt  of  the  Heir  of  said  Jacob,  and 
that  the  said  Elizabeth  be  accountable  to  the  Judge  of  Probate  for 
the  Time  being  of  the  County  aforesaid  for  her  proceedings  in  the 
Premisses  &  That  Cap*^  Joseph  Tincam  be  desired  to  Assist  with 
his  Advice  in  the  sale  of  the  Said  House  and  Land.  {^Passed 
December  19. 


*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  December  19. 


[4th  Sess.]     Province  Laws  (i?esoZves,  e^c).  — 1755-56.  407 


CHAPTEK    198. 

ORDER  OF  NOTICE    ON    THE    PETITION    OF    ISAAC    THAYER    &    OTHERS 
OF  WRENTHAM  TO  BE  ANNEXED  TO  BELLINGHAM. 

A  Petition  of  Isaac  Thayer,  Cornelius  Thayer,  John  Jones,  &  ^|f^«Xof  the 
Ashel  Holbrook  all  of  Bellinghani,  shewing  that  in  the  Year  1748  council,  xxi., 
they  were  annexed  to  the  Westerly  Precinct  in  Wrentham  during  ii-ciiives.'xm., 

the  Pleasure  of  the  General  Court :  since  which  a  Baptist  Minister  ^^ 

is  settled  in  the  Town  of  Bellinghani  in  a  Meeting  House  there  ^^^^^j^^g^  ^5^5^ 
erected,  near  the  Petitioners  Habitations ;  Therefore  Praying  that  682.  House 
they  may  be  set  off  again  to  Bellinghani :  pp"242^  ks. 

xteaCl.  anu.  Laws  xlv    201 

Ordered,  That  the  Petitioners  Notify  the  "Westerly  Precinct  in  chap.'ies. ''     ' 
Wrentham  with  this  Petition  by  leaving  an  Attested  Copy  thereof 
w*''  their  Precinct  Clerk,  That  they  shew  Cause  (if  any  they  have) 
on  the  first  Tuesday  of  the  next  sitting  of  this  Court,  why  the  Prayer 
thereof  Should  not  be  granted.     [Passed  December  19, 


CHAPTEK    199. 

ORDER  GRANTING  JAMES  CRAIG  LICENCE  TO  KEEP  AN   INN. 

A  Petition  of  James  Craig  of  Eutland,  shewing  that  he  lives  Legislative 
upon  a  Road  where  an  Inn  is  wanting  for  the  Accomodation  of  counctf,  xiS^ 
Travellers,   Praying  that  the  Court   of   General   Sessions   of   the  ^^  Mass.  ^j 
Peace  for  the  County  of  Worcester  may  be  impowered  at  their  358?  ^^^''^^'•' 
next  Session  to  grant  him  a  Licence.  Mass. 

Read  and  U:'}''^^^^'- 

Ordered  That  the  Prayer  of  this  Petition  be  Granted ;  And  that  Journal,  p.  245. 
the  Justices  of  the  Court  of  Gen^  sessions  of  y®  Peace  for  the 
County  of  Worcester  be  and  hereby  Are  impowered  at  their  next 
Term  to  grant  y^  Pef  a  Licence  (if  they  see  fitt)  to  keep  an  house 
of  Public  Entertainment  in  the  Town  of  Rutland  he  first  Obtain- 
ing the  Approbation  of  the  Select  Men  of  s*^  Town,  the  Time  for 
granting  Licences  being  elapsed  notwithstanding.  [Passed  Decem- 
ber 20. 


CHAPTER    200. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  GENERAL  ACCOUNT  OF 
PROVINCE  TREASURER  ENDING  MAY  27,  1764  AND  DISCHARGING  HIM 
OF   £34,328.  7.  8^. 

On  the  General  Accompt  of  Harrison  Gray  Esq^  Treasurer  &  ^11*^^1"^^ t^e 
Receiver  General  of  this  Province,  begining  June  22.  1753,  &  end-  councu.xxi., 

ing  May  27.  1754,  with  the  Report  of  a  Committee  of  the  House  — . 

of  Representatives  thereon,  S^p!  S.''''" 

[Report]  Read  &  Accepted  & 

Ordered  that  Harrison  Gray  Esq""  Province  Treasurer  be  dis- 
charged of  Thirty  four  Thousand  three  hundred  &  twenty  eight 
Pounds  seven  Shillings  &  eight  pence  one  farthing,  and  be  further 
accountable  for  Twelve  Thousand  eight  hundred  &  thirty  one  Pounds 


408 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  201,  202.] 


three  Shillings  &  ten  pence,  Taxes  outstanding,  and  Ten  Thousand 
four  hundred  &  forty  six  Pounds  fourteen  Shillings  &  ten  pence 
farthing  Cash  in  hand.'     {^Passed  December  20. 


Legislative 
Records  of  the 
Council,  xxi., 
39^ 

House  Jour- 
nal, pp.  16, 191, 
192. 


CHAPTEK    201. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  GENERAL  ACCOUNT  OF 
PROVINCE  TREASURER  ENDING  MAY  28,  1755  AND  DISCHARGING  HIM 
OF   £68,724.  18.  8. 

On  THE  General  Accompt  of  Harrison  Gray  Esq"^  Treasurer  & 
Eeceiver  General  of  this  Province,  begining  May  29,  1754,  and  end- 
ing May  28.  1755,  with  the  Eeport  of  a  Committee  of  the  House  of 
Kepresentatives  thereon, 

[Eeport]  Eead  &  Accepted,  &  thereupon 

Ordered  that  the  Treasurer  &  Eeceiver  General  of  this  Province 
be  discharged  of  the  several  Sums  therein  mentioned  Amounting 
to  Sixty  eight  Thousand  seven  hundred  &  twenty  four  Pounds 
eighteen  shillings  &  eight  pence,  &  that  he  be  further  accountable 
to  the  Province  for  the  Sum  of  Seventeen  Thousand  four  hundred 
&  seventy  two  Pounds  nineteen  Shillings  &  two  pence,  the  Ballance 
of  the  above  Accompt  remaining  in  his  Hands.  {^Passed  Decem- 
ber 20. 


CHAPTEE    202. 


Legislative 
Records  of  the 
Council,  xxi., 
38.    Mass. 
Archives, 
Ixxv.,  53. 

Mass. 
Archives, 
Ixxv.,  52. 
House  Jour- 
nal, p.  247. 
Ante,  p.  296, 
chap.  325. 


ORDER  DIRECTING  THE   COMMITTEE   OF   WAR    TO    PAY    £222. 2.  11    TO 
JOHN  MURRAY,  ESQ". 

A  Memorial  of  John  Murray  Esq'  shewing  that  by  Agreement 
&  Direction  of  the  Committee  of  War,  he  purchased  &  sent  a  Num- 
ber of  Fat  Cattle  for  victualling  the  Army  at  Lake  George;  but  hav- 
ing (for  Eeasons  mentioned)  supplied  more  than  was  contracted  for, 
the  Committee  of  War  apprehend  they  have  no  Power  to  pay  him 
more  than  their  Contract,  tho'  the  whole  was  received  of  him.  Pray- 
ing that  this  Court  would  order  Payment  to  the  Pet''  of  the  Sum  of 
£222.2.11  still  remaining  due. 

Eead  and 

Ordered  That  the  Prayer  of  this  Mem"  be  granted ;  And  that  the 
Com'"^  of  War  be  accordingly  directed  to  pay  the  Memorialist  the 
sum  of  Two  hundred  &  twenty  two  pounds  two  shilP  &  eleven  pence 
being  the  Balance  of  his  Acc"^  herewith  exhibited.  {Passed  Decem- 
ber 22. "" 

«  Not  found  in  the  House  Journal. 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  December  20. 


[4th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1755-56.  409 


CHAPTER    203. 

VOTE  EXTENDING   RELIEF    TO    ALL    SOLDIERS    RETURNING   IN   NEED     Legislative 

FROM  THE  ARMY.  Records  of  the 

Council,  XXI., 
39.    Mass. 

Voted,  That  the  Order  of  this  Court  passed  the  27"^  Sep'  last  for  itxv^'s?.' 

the  relief  of  Sick  &  Wounded  Soldiers  on  their  Return  from  the  :^^^ ■ 

Army  und'  the  Comand  of  Maj'  Gen'  Johnson  be  and  hereby  is  Archives, 
extended  to  such  Soldiers  Also  as  are  in  health  &  Stand  in  need  House  j*our- 
of  relief  &  support  till  they  shall  arrive  at  their  respective  homes.  ^nie'v%9 
[^Passed  December  '22.  chap'.  155. 


CHAPTER    204. 

ORDER  ALLOWING  £4.  10.  8  TO  CORNELIUS  CAVENAUGH. 

A  Petition  of  Benjamin  Sweetsir  one  of  the  Constables  of  the  Legislative 
Town  of  Falmouth  in  the  County  of  York,  shewing  that  one  Cor-  g^S^^C® 
nelius  Cavenaugh  a  Supernumerary  Soldier  at  Brunswick  Fort,  came  40.   Mass. 
to  the  said  Town,  with  his  Wife  &  two  Children,  that  the  Select  Men  lxxv.,^!!.' 
warned  them  away  to  prevent  their  being  a  Charge  to  said  Town,  Mass. 
That  the  said  Cavenaugh  enlisted  on  the  Expedition  ag^'  Crown  fl^'^'^^^iy, 
Point,  that  his  Wife  &  Children  being  sent  to  Brunswick,  were  House  Jour- 
sent  back  to  Falmouth,  and  from  thence  by  a  Warrant  from  the  250.' ^5n<e!' ^^' 
Select  Men  there,  brought  up  to  Boston,  Praying  the  Directions  p^^^eo,  chap, 
of  this  Court  referring  to  the  said  Woman  &  Children. 

Read  and 

Ordered,  That  The  Woman  and  Children  within  mentioned  be 
sent  to  the  District  of  Danvers  (where  she  was  brought  up)  &  that 
She  and  y^  Said  Children  be  put  under  the  Care  of  the  Select  Men 
of  s^  District  till  further  order  from  this  Court,  and  that  they  be 
and  hereby  are  impowered  to  receive  of  the  Province  Treasurer  the 
Sum  of  Four  pounds  ten  shill^^  &  eight  pence,  due  to  her  husband 
as  part  of  his  wages  in  the  Crown-point  Expedition,  for  which  Sum 
her  s'^  Husband  has  sent  an  Order  by  Lieu*^  Stimson,  the  said  Sum 
to  be  applied  towards  the  Support  of  the  said  Woman  &  Children, 
and  what  further  Charges  they  may  be  at  in  supporting  them  as 
aforesaid,  to  be  paid  as  this  Court  shall  hereafter  Order;  And  that 
the  Pef  be  paid  for  his  Time  and  Expences  about  the  said  Woman 
&  Children  by  the  Town  of  Falmouth.     \Passed  Decemler  23. 


CHAPTER    205. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EXCISE 
ON  TEA  COFFEE,  &^^,  FOR  THE  COUNTY  OF  MIDDLESEX  AND  ALLOW- 
ING 30/8  FOR  THE  EXPENSE  THEREOF. 

The  Committee  appointed  to  be  let  out  to  farm  the  Excise  on  Legislative 
Tea,  Coffee  &c  in  the  County  of  Middlesex,  reported  that  they  had  coSxl? 
let  out  the  same  to  M'  Ezekiel  Price  for  the  Sum  of  Thirty  Pounds,  ^^.^Mvis^'cxx 
for  which  they  have  taken  his  Bond  w'^  Sureties,  and  have  lodged  69.         '  '    '' 


410 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  206,  207.] 


Mass. 

Archives,  cxx., 
69.    House 
Journal,  p.  250. 
Ante,  p.  372, 
chap.  110. 


said  Bond  with  the  Treasurer,  Praying  for  the  Allowance  of  their 
Charges  in  said  Affair,  amounting  to  One  Pound,  10/8. 

Bead  and 

Ordered  That  the  Report  be  Accepted ;  And  That  the  Province 
Treasurer  pay  to  the  said  Committee  the  sum  of  thirty  Shillings 
and  eight  pence  in  full  for  their  Time  and  Expences  agreeable  to 
their  Accomp'  annexed.     {^Passed  December  23. 


CHAPTER    206. 


Legislative 
Becords  of  the 
Council,  xxi., 
40.    Mass. 
Archives,  xiii., 
684. 

House  Jour- 
nal, pp.  251, 252. 
Love's  Fast 
and  Thanks- 
giving Days  of 
New  England, 
p.  497. 


VOTE  DESIRING  THE  LIEU^  GOVERNOR  TO  APPOINT  A  FAST. 

The  RIGHTEOUS  &  AWFUL  DISPENSATIONS  of  Divine  Providence 
in  the  repeated  Earthquakes  Inundatations  &  other  Calamities,  by 
which  God  has  been  in  a  signal  Manner  testifying  his  holy  Dis- 
pleasure against  the  Nations  in  Europe  as  well  as  the  Inhabitants 
of  these  Colonies  being  a  loud  Admonition  t6  humble  our  selves 
under  the  mighty  Hand  of  God  &  to  prepare  so  to  meet  him  in  the 
Way  of  his  Judments  by  sincere  Repentance  to  avert  the  farther 
Instances  of  his  just  Anger  against  us; 

Voted  that  His  Honour  the  Lieut.  Govern'  be  desired  with  the 
Advice  of  the  Council  to  appoint  a  Day  of  solemn  Humiliation  & 
Prayer  to  be  observed  thr6  out  this  Province  by  penitent  Confes- 
sion of  Sin  &  humble  Submission  to  the  Righteous  Judgem'  of  God, 
&  earnest  Prayer  for  the  sanctifying  Use  thereof  &  the  Restoration 
of  the  Divine  Favour  towards  us,  with  thankful  Acknowledgm''  of 
the  distinguishing  Compassion  of  Almighty  God  towards  us  that 
while  some  other  Places  have  been  brought  into  Desolation  we  have 
in  the  late  Shakings  of  the  Earth  had  our  Lives  &  Dwellings  mer- 
cifully preserved,  and  that  all  servile  Labour  &  recreation  be  for- 
bidden on  said  Day.*     \^Passed*  December  23. 


CHAPTER    207. 


Legislative 
Records  of  the 
Council,  xxi., 
41.    Mass. 
Archives,  xix., 
326. 

Mass. 

Archives,  xix., 
325.    House 
Journal, 
pp.  181,  286,  239. 
Province 
Laws,  ii.,  151, 
chap.  10. 


ORDER    IMPOWERING    ELKANAN    WINCHESTER    AND    SAMUEL    CHILD, 
ADMINISTRATORS,  TO  SELL  REAL  ESTATE. 

A  Petition  of  Elkanan  Winchester  &  Samuel  Child  Administ" 
of  the  Estate  of  Elkanan  Winchester  late  of  Roxbury  de.c"*  shew- 
ing that  the  Personal  Estate  falls  much  short  of  paying  the  Debts, 
and  the  Real  Estate  cannot  be  divided  without  much  Loss;  There- 
fore Praying  that  they  may  be  impowered  to  sell  the  whole  Real 
Estate : 

Read  and 

Ordered  That  the  Prayer  of  this  Petition  be  granted ;  and  that 
Elkanan  Winchester  &  Sam^  Child  be  and  hereby  are  Authorized 
and  impowered  to  sell  the  reall  Estate  of  Elkanan  Winchester  late 
of  Roxbury  deceased,  for  the  most  it  will  fetch,  and  make  and  exe- 
cute a  good  Deed  or  Deeds  of  the  sale  in  the  Law  for  the  same,  they 
Observing  the  Law  of  the  Province  relating  to  the  Sale  of  Intestates 
Estates  and  giving  sufficient  Caution  to  the  Judge  of  Probate  for 

*  The  fast  was  appointed  for  January  8,  1756,  and  was  public. 


[4th  Sess.]     Province  Laws  (liesolves,  etc.).  — 1755-56.  411 

the  County  of  Suffolk  that  the  money  Arising  by  the  Sale  thereof 
shall  be  disposed  of  According  to  the  Laws  of  this  Province  relating 
to  the  Distribution  of  Intestate's  Estates,  the  Charge  of  Selling  the 
said  House  and  Lands  being  first  deducted.     [Passed  December  23. 


CHAPTER    208. 

ORDER  IMPOWERING  THE  ASSESSORS  OF  THE  DISTRICT  OF  SHIRLEY 
TO  ASSESS  A  TAX  OF  TWO  PENCE  PER  ACRE  FOR  THREE  YEARS  ON 
ALL  UNIMPROVED   LANDS. 

A  Petition  of  James  Patterson  &  John  Whitney  a  Committee  Legislative 
for  the  District  of  Shirley,  setting  forth  the  great  Difficulties  the  c^undf,  °il^,® 
Inhabitants  there  are  under  to  defray  the  Charge  of  settling  &  sup-  s.  Mass.  ' 
porting  a  Minister,  and  praying  that  they  may  be  impowered  to  lay  cxviLjIs! 
a  Tax  on  tlie  unimproved  Lands  in  said  District  of  two  pence  per  m^^^^ 
Acre  per  Annum  for  three  Years  next  coming.  Archives, 

cxvii    44  45 

Read  and  it  appearing  that  the  Proprietors  of  the  Unimproved  Legislative  " 
Lands  in  the  District  of  Shirley  have  been  Notified  agreeable  to  councif.xxi!!^ 
the  within  Order  of  this  Court  and  no  Answer  being  giving '  in  f-  ^ome 
therefore  pp.  171, 255. 

Ordered  that  the  Prayer  of  this  Pef^  be  granted  and  that  the 
Assessors  of  the  District  of  Shirley  be  and  hereby  are  authorized 
and  impowered  to  Assess  all  the  unimproved  Lands  within  the  said 
District  for  the  Term  of  three  Years  after  the  Rate  of  two  pence 
^  Acre  ^  Annum  and  the  Constable  or  Constables,  Collector  or 
Collectors  duely  Chosen  and  Quallified  according  to  Law  are  hereby 
authorized  and  directed  to  Collect  the  same  agreeable  to  Law  in 
such  Case  made  and  provided.     [Passed  December  24. 


CHAPTER    209. 

ORDER  IMPOWERING  SETH  BANGS,  GUARDIAN,  TO  SELL  A  PORTION  OF 
AN  ESTATE  AND  MAKING  PROVISION  FOR  THE  PROCEEDS. 

A  Petition  of  Seth  Bangs,  Guardian  of  Abijah  Bangs  of  Har-  Legislative 
wich  a  Minor,  shewing  that  the  Father  of  the  said  Abijah,  by  his  coundf  xxi^^ 
last  Will,  proved  &  allowed,  left  him  several  small  Parcells  of  Land  *2-  Maes." 
with  an  Incumbrance  of  Debts  to  be  paid  by  him.  Praying  that  the  331!^  ^^^^'  ^  ^'' 
Petitioner  may  be  impowered  to  sell  part  of  said  Lands  for  the  Pay-  mI^^^ 
ment  of  s^  Debts  &  support  of  the  Minor.  ^^^^V^^^'  -''''^•• 

^       ^  ^  ^^  330.    House 

Read  and  joumai. 

Ordered^  That  the  Prayer  of  this  Petition  be  so  far  granted,  as  v^'^n^^'  ^^^' 
that  the  Pef  in  his  said  Capacity  of  Guardian  be  and  hereby  is  ^ifa^^'io ''  ^^^' 
allowed  and  impowered  to  make  Sale  of  so  much  of  the  reall  Estate 
of  y®  Said  Minor  as  shall  amount  to  the  Sum  of  Twenty  Six  pounds 
thirteen  Shillings  and  four  pence,  and  to  make  &  execute  a  good  & 
Sufficient  Deed  or  Deeds  in  Law  of  the  same,  he  Observing  the  Rules 
of  y^  Law  respecting  the  Sale  of  Intestate's  Estates,  and  giving  suffi- 
cient Caution  to  the  Judge  of  Probate  for  the  County  of  Barnstable 
that  the  neat  proceeds  thereof  be  applied  to  y®  payment  of  the  S^ 
Minor's  part  of  y^  Debts  mentioned,  and  the  overplus  thereof  to 

»  Sic. 


412 


Province  Laws  {Resolves,  etc.) .  — 1755-56.  [Chaps.  210-212.] 


be  applied  to  Pay  the  Charges  which  have  arisen  or  may  Arise  on 
maintainance  of  the  said  minor  since  his  said  Father's  decease. 
^Passed  December  24. 


CHAPTEK    210. 


ORDER  IMPOWERING  DANIEL  DAVIS,  GUARDIAN,  TO  SELL  PART  OF  AN 

ESTATE. 


Legislative 
Records  of  the 
Council,  xxi., 
43.    Mass. 
Archives,  xix., 
349. 

Mass. 

Archives,  xix., 
348.    House 
Journal, 
pp.  246,  251. 
Province 
Laws,  il.,  151, 
chap.  10. 


A  Petition  of  Lucy  Davis  a  Minor  &  Orphan,  &  Daniel  Davis 
of  Barnstable  her  Guardian,  shewing  that  she  is  interested  one 
sixth  Part  in  a  dwelling  House  &  four  Acres  of  Land  with  a  small 
Peice  of  Wood  Land,  the  Profits  whereof  are  very  little,  Therefore 
Praying  for  Liberty  to  sell  the  same,  which  will  be  much  for  the 
Benefit  of  the  Minor, 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted  as 
that  Daniel  Davis  one  of  the  Petitioners  mentioned,  in  his  said 
Capacity  as  Guardian,  be  and  hereby  is  Allowed  and  impowered 
to  make  Sale  of  the  said  sixth  part  of  the  House  &  Lands  men- 
tioned for  the  most  the  same  will  fetch,  and  to  make  and  execute 
a  good  &  Sufficient  Deed  or  Deeds  in  Law  of  the  same,  he  observ- 
ing the  Rules  of  the  Law,  respecting  the  sale  of  Intestate's  Estates, 
He  giving  sufficient  Caution  to  the  Judge  of  Probate  for  the  County 
of  Barnstable  to  be  accountable  to  him  for  the  neat  proceeds  of  said 
Sale.     \^Passed  December  24. 


CHAPTER    211. 

ORDER   ALLOWING   £50   TO   THE   SECRY. 

RlforKf  the       Ordered  that  the  Sum  of  Fifty  Pounds  be  granted  &  allowed  to 
Council, xxi.,    be  paid  out  of  the  publick  Treasury  to  Josiah  Willard  Esq"^  Secre- 

— tary  of  this  Province  in  full  for  his  Service  for  one  Year  ending 

ua'i^p!  £'!''■      the  third  of  December  Currant.     [Passed  December  24. 


CHAPTEE    212. 


Legislative 
Records  of  the 
Council,  xxi., 
43.    Mass. 
Archives, 
xlix.,  449. 

House  Jour- 
nal, p.  253. 
Supra,  chap. 
211. 


ORDER  ALLOWING  £92  ADDITIONAL  TO   THE  SECRY. 

Ordered,  That  the  Sum  of  Ninety  Two  pounds  be  granted  and 
paid  out  of  the  public  Treasury  to  Josiah  Willard  Esq"^  Secretary 
of  this  Province,  in  Consideration  of  his  extraordinary  Services  end- 
ing on  the  third  of  December  Current.     [Passed  December  24. 


[4th  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1755-56.  413 

CHAPTEE    213. 

ORDER  ALLOWING   £266.  13.  4  TO  THE   PROVINCE  TREAS^ 

Ordered  That  the  Sum  of  Two  Hundred  and  Sixty  Six  pounds  Legislative 
thirteen  Shillings  &  four  pence  be  granted  and  allowed  to  be  paid  couiicif,xxi!l^ 
out  of  the  Public  Treasury  to  Harrison  Gray  Esq'  Treasurer  &  f -pi^^^g^iii.^ 
receiver  General  of  his  Majesty's  Revenues  of  this  Province  for  a  ssi. 
Year's  Service  ending  this  day.     \ Passed  Decemier  24.  House  Jour- 

*  ^         L  nal,p.254. 


CHAPTEE    214. 

ORDER  ALLOWING   £100  TO  D«  EDW»  WIGGLESWORTH. 

Ordered,  That  there  be  granted  and  allowed  to  be  paid  out  of  the  Legislative 
public  Treasury  to  the  Rev<^  D'  Edward  Wigglesworth  Hollisian  Pro-  Scu'xxi!!^ 
fessor  of  Divinity  at  Harvard  College  in  Cambridge  the  Sum  of  One  ^^^,j¥fg^^- 
hundred  Pounds,  as  a  Gratuity  in  Consideration  of  his  faithfull  dis-  iviu.,  4i8.' 
charge  of  the  great  &  important  Trust  reposed  in  him,  &  for  his  House  Jour- 
f urther  encouragement  therein.     \^Passed  Deceiiiber  24.  ^*i»  p-  ^53. 


CHAPTEE    215. 

ORDER  ALLOWING  £90  TO  JN"  WINTHROP,  ESQ*. 

Ordered  That  there  be  granted  and  allowed  to  be  paid  out  of  the  Legislative 
public  Treasury  to  John  Winthrop  Esq'  Hollisian  Professor  of  the  g^Xn'xii!!® 
Mathematicks  &  natural  Philosophy  at  Harvard  College  in  Cam-  ^;^.^^^||- 
bridge  the  Sum  of  Ninety  Pounds  as  a  gratuity,  in  Consideration  iviii.,  lis.' 
of  his  faithful  Discharge  of  that  Trust  reposed  in  him,  and  for  House  Jour, 
his  further  encouragement  therein.     \_Passed  December  24.  nai,p.253. 


CHAPTEE    216. 

ORDER  ALLOWING  £20  TO  M»  JUDAH  MONIS. 

Ordered  That  there  be  granted  and  paid  out  of  the  public  Treas-  Legislative 
ury  to  M'  Judah  Monis  Hebrew  Instructor  at  Harvard  College  in  c^uncff.xx?® 
Cambridge  the  Sum  of  twenty  Pounds  as  a  Gratuity  in  Considera-  ^^^.j^^^^g^- 
tion  of  his  faithful  discharge  of  that  Trust  reposed  in  him,  &  for  iviu.,  4i8! 
his  further  encouragem*  therein.     \ Passed  December  24.  House  Jour- 

°  ■-  nal,  p.  254. 


414 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  217-221.] 


Legislative 
Records  of  the 
Council,  xxi., 

44.  Mass. 
Arcliives, 
xlix.,  447. 

House  Jour- 
nal, p.  254. 


CHAPTER    217. 

ORDER  ALLOWING  £75  TO  THE   CLERK  OF  THE  HOUSE. 

Ordered  That  there  be  granted  and  Allowed  to  be  paid  out  of  the 
public  Treasury  the  Sum  of  Seventy  five  pounds  to  Henry  Gibbs 
Esq''  Clerk  of  the  House  of  Eepresentatives  for  his  Service  during 
the  several  Sessions  of  the  General  Court  the  Current  Year.  [^Passed 
December  24. 


CHAPTER    218. 


ORDER  ALLOWING  £60  TO  THE  DOOR  KEEPER. 


Legislative 
Records  of  the 
Council,  xxi., 
44.    Mass. 
Archives, 
xlix.,  448. 

House  Jour- 
nal, p.  254. 


Ordered  That  there  be  allowed  and  paid  out  of  the  Public  Treas- 
ury the  Sum  of  Sixty  Pounds  to  William  Baker  Door-keeper  to  his 
Excellency  the  Governor  &  this  Court,  for  his  Service  for  one  year 
to  be  paid  quarterly:  and  Also  y®  further  Sum  of  Forty  Pounds  in 
consideration  of  his  Expence  in  hiring  assistance,  and  extroadinary 
Care  &  Trouble  as  Door-keeper.     \^Passed  December  24. 


Legislative 
Records  of  the 
Council,  xxi., 
44. 

House  Jour- 
nal, p.  254. 


CHAPTER    219. 

ORDER  ALLOWING  £50  TO  LIEU''  JOHN  LARRABEE. 

Ordered  that  there  be  granted  &  allowed  to  be  paid  out  of  the 
publick  Treasury  to  John  Larrabee,  Lieuten*  of  his  Majesty's  Gar- 
rison at  Castle  William  the  Sum  of  Fifty  Pounds,  in  Consideration 
of  his  faithful  Discharge  of  that  Trust  reposed  in  him.  \_Passed 
December  24. 


CHAPTER    220. 


Legislative 
Records  of  the 
Council,  xxi., 
44.    Mass. 
Archives,  xiii., 
685. 

House  Jour- 
nal, p.  254. 


ORDER   ALLOWmO    £40    TO    M»  JOHN    PHILLIPS,  CHAPLAIN    OF    CASTLE 

WILLIAM. 

Ordered  That  there  be  granted  and  Allowed  to  be  paid  out  of  the 
public  Treasury  to  M*"  John  Phillips  Chaplain  of  his  Majesty's  Castle 
William  the  Sum  of  Forty  Pounds  as  a  Gratuity  for  his  Service  in 
that  Trust  for  one  year.     {Passed  December  24. 


CHAPTER    221. 


Legislative 
Records  of  the 
Council,  xxi., 
45.    Mass. 
Archives, 
xlix.,  446. 

House  Jour- 
nal, p.  254. 


ORDER  ALLOWING  £12  TO  THE  CHAPLAIN  OF  THE  COURT. 

Ordered  That  there  be  allowed  &  paid  out  of  the  public  Treasury 
the  Sum  of  Twelve  pounds  to  the  Eev"^  M'  Ebenezer  Pemberton 
Chaplain  to  the  Hon'''*  Board  &  the  House  of  Eepresentatives  the 
present  Year.     {Passed  December  24. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.),  — 1755-56.  415 


CHAPTER    222. 

ORDER  IMPOWERING   ISAAC    TAYLOR,  ADM",  TO    SELL    REAL    ESTATE 
AND  MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Isaac  Taylor  of  Barnstable,  Administrator  of  the  Legislative 
Estate  of  Malachi  Baxter  dec'^  shewing  that  the  whole  Estate  is  of  coundf, xxi!]^ 
little  Value  more  than  the  Debts  of  the  Dec"^  and  that  it  will  be  a  f^J^^l^^^'^ 
great  Loss  to  divide  the  Real  Estate;  Therefore  Praying  that  he  347.        ' 
may  be  impowered  to  sell  the  whole  Real  Estate.  Mass. 

Tfpfirl  flnfl  Archives,  xlx., 

xieau  dnu  3^g    House 

Ordered,  That  the  Prayer  of  this  Petition  be  granted,  and  that  Journal, 
the  Pef  be  and  hereby  is  allowed  &  impowered  in  his  said  Capacity  PTOvince 
of  Admin'  to  make  Sale  of  the  whole  of  the  reall  Estate  mentioned  ^^^^;ll\'^^^' 
for  the  most  it  will  fetch,  and  to  make  and  execute  a  good  &  suffi- 
cient Deed  or  Deeds  in  Law  of  the  same,  he  Observing  the  Rules 
of  y®  Law  respecting  the  Sale  of  Intestates'  Estates  and  giving  Suffi- 
cient Caution  to  the  Judge  of  Probate  for  the  County  of  Barnstable 
that  the  proceeds  thereof  be  applied  to  the  payment  of  the  Debts 
mentioned,  and  that  the  overplus  thereof  (if  any  there  be)  be  secured 
for  the  Benefitt  of  the  Children  of  the  said  deceased  mentioned. 
\_Passed  December  24. 


CHAPTER    223. 

ORDER  SETTING  OFF  DIVERS  INHABITANTS  WITH  THEIR  ESTATES  FROM 
THE   FIRST  PRECINCT  IN  BROOKFIELD   TO  THE  THIRD  PRECINCT. 

On  the  Petition  of  Jabez  IJpham  &  others  of  Brookfield,  [^ante.  Legislative 
p.  336,  chap.  27]  llV^X"^!^: 

Read  together  with  the  papers  Relative  thereto.  And  ^-  Mass. 

Ordered  that  the  Petitioners  with  their  Estates  (Excepting  a  Small  cxvii.ri5.' 
peice  of  Land  lying  Near  the  Meeting  house  in  the  first  precinct  Mass. 
belonging  to  the  Petitioner  Upham)  be  annexed  to  the  third  pre-  ^x^u^^il* 
cinct  in  Brookfield  their  to  Doe  Duty  and  Receive  priviledge  As  House  Jo'ur- 
the  other  parishioners,  and  that  upon  the  petitioners  within  Two  25*7,'25?'.^Vi<e, 
months  paying  One  half  of  the  Sums  which  they  are  Respectively  p- 336,  chap.  27. 
Taxed  toward  the  Sum  of  One  hundred  &  fifty  pounds  as  Set  forth 
in  Said  Petition  they  be  freed  from  any  further  demand.     \_Passed 
December  26.^ 


CHAPTER    224. 

ORDER  IMPOWERING  ISAAC  BENNET,  ADM^  TO  SELL  LAND. 

A  Petition  of  Isaac  Bennet  of  Middleboro,  Administrator  of  ^If^rd^onhe 
the  Estate  of  his  late  Father  Isaac  Bennet  of  said  Place  dec^  shew-  council, xxi., 
ing  that  the  Personal  Estate  is  not  sufficient  to  pay  the  Debts,  there-  ArcWve^  xix., 
fore  praying  that  he  may  be  impowered  to  sell  some  Out  Lands  for  329. 


paving  the  Debts  still  due.  Mass. 

T^      Si    0  Archives,  xlx., 

Keaa  &  327,328.  Legis- 

Ordered  that  the   Petitioner  be   allowed   in  his   Capacity    (as  ia«ve  Eecords 

'  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  December  24. 


416  Province  Laws  {Besolves, etc.).  — 1755-56.     [Chap.  225.] 

xxi^lf^""^"'  -^ciniO  to  make  Sale  of  so  much  of  the  out  Lauds  of  the  within 

House  Jour-      named  Deceas'd  as  will  amount  to  the  Value  of  Sixty  Pounds,  He 

i^',Wi.  p'rov-  observing  the  Law  respecting  the  Sale  of  Real  Estates  &  giving 

*^ce  LawMi.,    Caution  to  the  Judge  of  Probate  for  the  County  of  Plimouth  that 

the  Pfoduce  thereof  be  applied  for  the  Paym'  of  the  just  Debts  of 

the  Deceased;  The  Overplus  if  any  there  be  to  be  applyed  for  the 

Benefit  of  the  Heirs  of  the  said  Deceas'd  according  to  Law.    \_Passed 

December  26.  ^ 


715,  chap.  217. 


CHAPTEE    225. 

ORDER  ACCEPTING   THE   REPORT   OF   THE   COMMITTEE   IN    REGARD    TO 
RIGHTS   TO   LAND   IN   THE   PLANTATION   OF   PAQUOIG. 

Legislative  T^^  CoM^''''  appointed  by  this  Hon^'«  Court  on  the  11^*^  of  April 

Records  of  the       ^    ^  ,  ^J^f  r.T-i-  i  ,  •       t      t       i       -r^  j,i 

Council,  xxi.,  1753  on  the  aflairs  oi  Poquioge  and  particularly  to  Lxecute  the 
ArcWves^'  Order  of  this  Hon^^®  Court  of  the  10'^^  of  January  preceeding  beg 
cxvii.,71,'74.      Leave  to  Eeport 

House  Jour-  That  they  have  Twice  met  together  at  said  Place  viz'  in  May  1753. 

?43,'259,26o',26i!  &  in  Oct°  1754  to  Inform  themselves  of  y®  state  of  said  Plantation 
Law8,'xiv.,58o  ^^^  ^0  ascertain  which  of  y®  originally  admitted  Settlers  had  full- 
?iHf^'hl^«'9i7  filled  the  Terms  and  Conditions  Enjoyned  upon  them  by  this  Hon**'^ 
Court  to  be  performed  on  their  respective  proposed  Eights  and  upon 
Enquiry  the  Com**^*  find  that  in  addition  to  y®  Twenty  Two  Eights 
which  by  the  afores^  Order  of  January  10*"^  are  by  the  Hon^'''  Court 
Confirmed  to  the  original  Settlers  or  their  assigness.  there  were 
in  October  1754.  Sixteen  other  Eights  on  which  the  said  Creditors" 
were  then  performed  viz*  the  following 

Edward  Goddard  D"",     William  Higgins  Eichard  Crouch 

Daniel  Eppes  Daniel  Fiske  Joseph  Brown 

Samuel  Eppes  Benjamin  Townsend      Stephen  Fay 

Gad.  Wait  Jonathan  Moreton  John  Wallis 

Benoni  Twitchell  Joshua  Dickinson 

Samuell  Willard  William  Chandler 

and  the  said  Comitte  are  humbly  of  Opinion  that  the  said  Sixteen 
Eights  or  shares  should  be  by  this  Hon:  Court  confirmed  to  the  said 
original  proposed  Settlers  or  their  Heirs  where  any  of  them  may  be 
Deceased  and  in  Such  Case  where  any  of  them  have  Conveyed  their 
said  Eight  to  others  the  same  should  be  Confirmed  to  y®  Grantees  or 
Possessors  of  Such  Eights  yet  not  without  this  Condition  that  they 
pay  within  months  all  arrears  of  Taxes  that  have  been  here- 

tofore set  or  raised  on  such  Eights  by  the  supposed  Proprietors  of 
said  Plantation  or  that  Provision  be  made  for  the  sale  of  so  much 
of  said  Eights  as  may  be  Sufficient  for  the  Payment  of  Such  Taxes 
as  were  made  before  January.  lO"*  aforesaid  and  are  unpaid  by  Such 
Persons  &  in  such  manner  as  this  Hon:  Court  shall  order  and  that 
such  Confirmation  should  not  Lessen  the  authority  of  said  Prop^ 
respecting  Taxes  made  since  said  10*  Day  of  January  given  them 
by  said  order  of  that  Date 

And  whereas  Thomas  Hapgood  an  admitt^  settler  did  Early  begin 
Improvements  on  his  Eight  &  Build  a  House  on  the  same  and  then 
sold  the  House  Lott  to  one  Nathan  Wait  and  took  his  Bond  to  Com- 
pleat  the  Settlement  which  has  been  Cheifly  if  not  wholly  done  by 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  December  24. 
^  Sic,  it  seems,  for  "conditions." 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  417 

Wait  (Residency  only  Excepted)  &  whereas  the  said  Hapgood  and 
Two  of  his  sons  are  since  Deceased  and  a  Surviving  Son  is  proposed 
by  his  Guardian  to  settle  on  said  Right  as  Soon  as  he  arrives  at  age 
the  Com'"*  humbly  propose  the  same  should  be  Confirmed  to  said 
Hapgoods  Heirs 

The  Comitte  would  further  Report  that  they  find  upon  Enquir- 
ing that  the  Terms  of  Settlement  have  not  been  performed  on  the 
other  Remaining  Twenty  one  Rights  that  they  had  no  Doubt  of  the 
Province  Right,  to  reassume  those  Lands,  nor  of  their  Power  by 
the  order  aforesaid  of  making  Sale  of  the  same  on  the  Conditions 
therein  Limitted,  yet  that  tliey  have  heitherto  omitted  So  to  do  or 
to  proceed  further  partly  by  Reason  of  their  Distance  from  Each 
other  and  from  the  Lands  &  partly  by  necessary  attention  to  their 
own  Private  affairs  but  Cheifly  for  the  following  Reasons  viz'  they 
find  the  afllairs  of  said  Plantation  with  respect  to  their  Rights  greatly 
perplexed  and  attended  with  uncomon  DifFicultys  Every  of  them 
being  attended  with  Some  material  Circumstances  peculiar  to  it  self 
too  many  here  to  Enumerate,  different  Degrees  of  Improvement 
have  been  made  on  most  of  them  tho  none  compleated.  Particular 
Lotts  of  many  of  them  have  been  sold  by  the  Settlers  to  other  Per- 
sons honest  Purchasers  for  Valuable  Considerations  which  Pur- 
chasers Some  of  them  holding  only  by  Deeds  of  Release  yet  have 
made  some  Considerable  Improvements  on  Such  Parts  of  Rights 
so  purchased  and  y^  Comitte  apprehended  that  a  Sale  of  the  whole 
of  Such  Rights  in  Gross  as  forfeited  Rights  would  operate  to  the 
great  prejudice-  of  such  Honest  Purchasers  Contrary  to  the  True 
Design  of  the  Hon^  Court.  ■ 

The  Comitte  were  of  opinion  that  the  Diversity  of  y®  Circum- 
stances of  their  Rights  afforded  a  reasonable  Foundation  for  a 
Diversity  of  proceeding  in  the  several  Cases  which  they  appre- 
hended their  Comision  would  not  admitt  and  that  it  might  prob- 
ably be  more  agreable  to  the  Goodness  and  Justice  of  the  Govern- 
ment in  other  like  Cases  and  most  Just  to  particular  Persons  that  ♦ 
this  Comitte  or  Rather  some  other  if  the  Hon:  Court  pleases  might 
be  Impowered  to  sell  the  whole  or  any  part  of  Such  Rights  and  on 
Such  Conditions  as  on  a  Consideration  of  the  Circumstances  of 
every  particular  Case  they  may  Judge  most  likely  to  answer  the 
good  Designs  of  the  Honorable  Court  with  Respect  to  Such  Delin- 
quents and  at  the  same  Time  in  the  best  manner  promote  the  In- 
terest of  this  Particular  Place 

All  which  is  humbly  Submitted 

^  John"  Chandler        ^ 

John  Worthington  y  Com'*® 
Phineas  Heywood    1 

Read  &  thereupon 

Ordered  that  this  Report  be  so  far  accepted  as  that  the  sixteen 
Rights  in  the  Plantation  of  Poquoag  laid  out  to  Edward  Goddard 
&  others  in  said  Report  mentioned  be  and  hereby  are  confirmd  to 
them  their  heirs  &  assigns  respectively  provided  and  it  is  upon  this 
Condition  that  they  pay  by  the  first  day  of  may  next  all  arrears  of 
Taxes  that  have  been  heretofore  set  or  raised  on  such  Rights  by  the 
proprietors  or  intended  proprietors  of  said  Plantation,  but  upon 
failure  of  paying  said  Taxes  by  the  time  aforesaid,  the  Committee 
hereafternamed  shall  dispose  at  publick  Sale  of  so  much  of  each 
of  said  Rights  as  may  be  sufficient  for  the  payment  of  the  Taxes 
aforesaid  set  upon  each  right  respectively  and  the  remainder  of  such 


418  Province  Laws  {Resolves,  etc.).  — 1755-56.     [Chap.  225.] 

Eight  shall  be  coufirmed  as  aforesaid ;  and  Whereas  there  is  a  num- 
ber of  Eights  in  said  Plantation  on  which  the  Terms  of  Settlem' 
have  not  been  perform'd  whereby  they  still  remain  the  property  of 
this  Government  but  being  under  different  circumstances  afford  a 
reasonable  foundation  for  a  Diversity  of  proceeding,  It  is  hereby 

Ordered  that  John  Chandler  and  John  Worthington  Esq"  &  m'' 
Phinehas  Heywood  (who  made  the  afores*^  Eeport)  be  the  Committee 
and  they  are  hereby  impoAvered  to  Sell  the  whole  or  any  part  of  such 
Eights  on  such  conditions  as  the  consideration  of  such  different 
circumstances  and  the  General  Interest  of  said  Plantation  may  re- 
quire and  they  are  hereby  appointed  a  Committee  also  to  make  Sale 
of  so  much  of  the  16  Eights  aforesaid  as  shall  be  sufficient  for  the 
payment  of  the  Tax  afores*^  first  giving  notice  of  the  time  and  place 
of  such  Sale  by  posting  the  same  in  some  publick  place  in  the  plan- 
tation afores"^  and  publishing  thereof  in  one  of  the  Boston  News 
papers  at  least  Thirty  days  before  such  Sale:  and  Whereas  there 
are  twenty  one  Eights  in  s^  Poquoag  which  have  been  confirmed 
to  Zachariah  Field  &  others  by  the  order  of  this  Court  of  the  10* 
January  1752  on  which,  or  some  of  which  the  Taxes  heretofore  set 
have  not  been  paid,  the  said  Committee  are  hereby  further  Impow- 
ered  to  Sell  as  aforesaid  so  much  of  each  of  said  Eights  as  shall  be 
sufficient  to  pay  the  Taxes  afores*^  provided  the  said  Taxes  be  not 
paid  by  the  first  of  may  afores^  the  said  Committee  giving  Notice 
of  time  &  place  of  such  Sale  as  afores^ :  and  the  said  Committee  shall 
dispose  of  the  Eights  which  they  are  impowerd  to  Sell  as  afores*^ 
in  such  manner  as  that  there  shall  be  at  least  Sixty  settlers  within 
the  Plantation  af ores*^ ;  and  they  are  hereby  directed  to  proceed  w'''' 
all  possible  Dispatch  upon  the  Business  af  ores"^  and  they  shall  make 
Eeport  of  their  proceedings  to  this  Court  for  confirmation:  and  the 
Inhabitants  of  said  Plantation  are  hereby  authorized  &  Impower'd 
to  assemble  together  from  time  to  time  for  the  space  of  two  Years 
from  the  first  of  January  1756  &  when  so  assembled  by  a  major  Vote 
shall  Grant  such  monies  as  may  be  necessary  to  pay  what  they  may 
be  indebted  to  their  minister  &  what  may  be  necessary  for  his  further 
Support,  for  Eepairs  of  Highways  in  b^  Plantation,  and  for  the  pay- 
ment of  such  officers  as  they  may  employ  in  the  management  of  their 
public  affairs,  and  shall  choose  a  Clerk,  assessors  &  Collectors  who 
shall  be  sworn  to  the  f  aithf  ull  Discharge  of  their  Trusts :  said  assessors 
to  raise  the  Monies  so  granted  equally  upon  the  Original  Shares  or 
Eights  in  said  Plantation  exclusive  of  the  Ministers,  the  ministerial 
&  School  Eights,  and  exclusive  of  the  Eights  upon  which  the  Terms 
of  Settlement  have  not  been  perform'd  as  af ores^  provided  that  these 
last  mentioned  Eights  shall  be  subjected  to  the  payment  of  such 
monies  rais'd  as  afores*^  after  the  Committee  afores'^  have  made  Sale 
of  them  as  af ores*^ :  and  in  case  the  Taxes  af ores*^  shall  not  be  paid 
within  three  months  after  the  said  assessors  have  exhibited  their 
Tax  Bills  to  the  persons  owning  said  Eights  or  advertising  the  said 
Persons  by  inserting  the  Copy  of  the  Tax  List  in  one  of  the  Boston 
News  papers  for  three  weeks  successively  then  so  much  of  their  Eights 
as  shall  be  sufficient  to  pay  said  Taxes  and  the  Charges  attending  the 
Sale  shall  be  sold  at  public  Auction  by  the  said  Assessors  who  shall 
give  notice  of  the  time  &  place  of  such  Sale  in  one  of  the  news  papers 
afores''  at  least  two  months  before  such  Sale  &  Shall  post  up  a  Notifi- 
cation of  such  Sale  in  the  most  public  part  of  s*^  Plantation  at  least 
one  month  before  it  shall  take  place :  and  the  monies  arising  by  said 
Sale  shall  be  applied  to  the  services  afores'',  and  for  Payment  of  the 


[4th  Sess.]     Province  Laws  (Hesolves,  etc.).  — 1755-56.  419 

Charges  of  said  Sale  and  the  Notifications  afores''  and  Joseph  Lord 
Esq""  a  principal  Inhabitant  of  s**  Plantation  is  hereby  impowered  & 
directed  to  call  a  meeting  for  tlie  purposes  afores*^  by  posting  up  in 
some  public  place  in  said  Plantation  a  notification  setting  forth  the 
time  place  &  occasion  of  the  said  Meeting  fourteen  days  at  least 
before  hand;  and  afterwards  the  Clerk  which  they  shall  choose  shall 
warn  their  Meetings  in  like  manner  during  the  two  Years  aforesaid. 
[Passed  December  26. 


CHAPTER    226. 

ORDER  ALLOWING   £4  TO   JASON  BADCOCK. 


A  Petition  of  Jason  Badcock  of  Wesboro,  a  Soldier  in  the  Army  Legislative 
under  General  Johnson,  shewing  that  he  received  several  Wounds  councff  xxi!*^ 
from  the  Enemy,  by  which  he  is  disabled  from  Labour,  Praying  for  47.  Mass. 
some  Support  from  this  Court.  ]xxv.,\2.' 

Read  and  Mass. 

Ordered,  That  the  Prayer  of  this  Pef^  be  so  far  granted,  as  that  ^^^^^12^' 
there  be  allowed  and  paid  out  of  the  public  Treasury  to  M"'  Francis  House  Jovir- 
Whipple  the  Sum  of  four  pounds  for  y«  Use  of  the  Pef  in  Consid-  ^|^>;Pp-2A244. 
eration  of  his  Sufferings  mentioned.     [Passed  December  26. 


CHAPTER    227. 

ORDER    SETTING    OFF    DIVERS  PERSONS    WITH   THEIR   ESTATES    FROM 
BROOKFIELD  TO  WARE  RIVER  PARISH. 

A  Petition  of  Ebenezer  Gilbert,  Henry  Gilbert,  Oliver  Gilbert  Legislative 
&  Samuel  Dunsmore,  Inhabitants  of  Brookfield,  setting  forth  their  councif, xx!|^^ 
great  Inconvenience  for  attending  the  publick  Worship  in  any  of  ^rchives^^cv 
the  Parishes  in  the  said  Town,  and  therefore  praying  that  they  &  sos. 
their  Estates  may  be  set  off  to  the  Parish  on  Ware  River.  Mass. 

Read  and  it  appearing  That  the  first  precinct  in  Brookfield  and  507?^Legi8ia".* 
the  Parrish  of  Ware  River  have  been  duely  Served  with  Copys  of  tive  Becords oi 
this  petition  &  no  answer  made  thereto  xxi.,  47. 

Ordered  that  the  prayer  of  the  petition  be  Granted  and  that  the  Su^pp.'sTsea. 
Petitioners  with  there  Estate  where  they  Live  be  annexed  to  Said  ^"'«.  SiJ *^' 
Parrish  at  Ware  River  there  to  do  duty  &  Receive  previledge  as  other       ^" 
Inhabitants  there  do  &  that  all  such  Sums  as  have  been  assessed  on 
them  Since  the  dividing  of  the  first  parish  be  abated  them  in  Brook- 
field.    [Passed  December  26. 


CHAPTER    228. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  THE  PETITION  OF  THE 
MATTAKESEET  INDIANS  IN  REGARD  TO  LEASES  OF  THEIR  LANDS. 

A  Petition  of  Patience  Tliomas  and  Caleb  Brand,  Indians  of  ^^^isiative 
Pembroohe,  praying  that  a  Lease  made  by  their  Guardians  of  their  council, xxi., 
Lands  to  Henry  Joslyn  and  others,  may  be  set  aside  &c.  for  the  journai^^p.  282 
Reasons  mentioned.  (April,  i755). 


420 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  229,  230.] 


Mass. 
Archives, 
xxxii.,  698 


House  Jour- 
nal, pp.  2,'J8, 262. 
Province 
Laws,  xiv.,  718, 
chap.  221. 


The  Committee  to  whom  was  referred  the  Petition  of  Patience 
Thomas  &  others  Matakeset  Indians,  having  considered  thereof  as 
far  as  they  are  at  present  able  to  do ;  And  the  Lessees  being  will- 
ing to  heave  up  their  Leases  humbly  report  their  Opinion  that 
Gamaiel  Bradford  Esq"'  &  other  Guardians  of  said  Indians,  take 
this  Pet"  &  others  relating  thereto  into  Consideration,  &  to  report 
their  Opinion,  as  soon  as  may  be.  What  will  be  best  to  be  done 
in  the  Affair,  so  that  the  Indians  may  reap  the  most  Profit  that 
may  be  made  of  their  Land;  And  the  Petition  ly  before  the  Court 
for  further  Consideration.  By  Order  of  the  Com'*^ 

JoHif  Chandler. 

Eead  and  Accepted.     \^Passed  December  26. 


Legislative 
Records  of  the 
Council,  xxi., 
48.    Mass. 
Archives,  cxx., 
74^ 

Mass. 

Archives,  cxx., 
73.    House 
Journal,  p.  259. 


CHAPTER    229. 

ORDER  GRANTING  TO  RICHd  RINDGE  LICENCE  TO  SELL  STRONG  DRINK. 

A  Petition  of  Eichard  Einge  of  Marblehead,  shewing  that  he 
is  conveniently  situated  for  retailing  spirituous  Liquors  to  the 
Fishery,  for  which  he  has  obtained  the  Approbation  of  the  Select 
Men  of  said  Town,  Praying  that  the  Court  of  General  Sessions  of 
the  Peace  for  the  County  of  Essex  may  be  impowered  at  their  next 
term,  to  grant  him  a  Licence: 

Eead  and 

Ordered  That  the  Prayer  of  this  Pet"^  be  so  far  granted,  as  that 
the  Justices  of  the  Court  of  Gen'  sessions  of  the  Peace  for  the 
County  of  Essex  be  and  hereby  are  impowered  at  their  next  Term 
to  grant  the  Pet'  a  Licence  (if  they  see  fitt),  to  be  a  retailer  of  Spir- 
ituous Liquors  in  the  Town  of  Marblehead,  he  Obtaining  the  Ap- 
probation of  the  Select  Men  of  Said  Town,  the  Time  for  granting 
Licences  being  elapsed  Notwithstanding.     [Passed  December  26. 


CHAPTER    230. 


ORDER  IMPOWERING  SAM"-  BUCK,  JUN^,  GUARDIAN,  TO  SELL  LAND  AND 
MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 


Legislative 
Records  of  the 
Council,  xxi., 
48.    Mass. 
Archives,  xix., 
350. 

House  Jour- 
nal, pp.  261, 262. 


A  Petition  of  Samuel  Buck  Jun"^  of  Sutton  Guardian  of  Jona- 
than, David  &  Sarah  Fiske  Minors,  shewing  that  they  have  a  Eight 
in  two  hundred  Acres  of  Land  lying  in  Sudbury,  being  part  of  the 
Estate  of  their  Grandfather  Jonathan  Fisk  of  Sudbury  dec''  Pray- 
ing for  Liberty  to  sell  the  said  Minors  Interest,  which  will  be  much 
for  their  Advantage: 

Eead  and 

Ordered  that  the  prayer  of  the  Petition  be  So  far  Granted  as  that 
the  Petitioner  be  &  he  is  hereby  Impowered  &  Inabled  to  Make  Sale 
of  Said  Minors  Interest  in  the  Lands  mentioned  in  this  petition  for 
the  most  the  same  will  fetch.  The  petitioner  Notifying  the  time 
&  place  of  Sale  in  writing  by  posting  up  y«  Same  in  Sudbury  where 
the  Lands  lye  &  in  one  of  the  Boston  News  Letters  for  three  weeks 
Successively  and  the  mony  ariseing  by  such  sale  to  be  put  out  on 
Interest  for  the  advantage  &  benefitt  of  the  Minors  the  Petitioner 


[4th  Sess.]     Province  Laws  (Besolves,  etc.).  — 1755-56.  421 

giving  Sufficient  Caution  to  the  Judge  of  Probates  for  the  County 
of  Worcester  to  be  accountable  for  both  principall  &  Interest. 
[Passed  December  26. 


CHAPTEK    231. 

ORDER  IMPOWERING  JOSEPH   COMECHA,  INDIAN,  TO  SELL  LAND. 

A  Petition  of  Joseph  Comeheca  of  Natick  Indian  shewing  that  ^®8'^'f*^^|  ^ 
he  has  met  with  divers  Misfortunes,  by  which  Means  &l  his  Charge  council, xxi., 
in  building  a  House  &  digging  a  Well  he  is  put  into  Prison  for  ArcM^ves^," 
Debt,  Praying  that  he  may  be  allowed  to  sell  Thirty  Acres  of  his  xxxu.,  702. 
Land  for  paying  said  Debt.  Mass. 

Read  and  xxxiL^voi. 

Ordered^  That  the  Prayer  of  this  Petition  be  so  far  granted,  as  naTpp'^256^258 
that  the  Pef  be  and  hereby  is  impowered  with  the  Consent  of  the  ^n<'e,  p.  116, 
Guardians  of  the  Natick  Indians,  to  make  Sale  of  Thirty  Acres  of  ^^^^'  ^^^' 
his  Land  mentioned,  the  Produce  thereof  to  be  applied  to  the  dis- 
charge of  his  s*^  Debts,  &  to  purchase  a  Cow  for  the  Support  of  his 
family;  the  said  Guardians  to  take  Care  that  the  Lands  so  disposed 
of  may  be  such  as  as '  they  Judge  shall  be  of  least  Damage  to  the 
Petitioner.     [Passed  December  26. 


CHAPTER    232. 

ORDER  IMPOWERING  JOSHUA  BRAND,  INDIAN,  TO  SELL  LAND. 

A  Petition  of  Joshua  Brand  of  Needham  Indian,  shewing  that  Legislative 
he  has  purchased  some  Lands  in  Bridgewater,  which  belonged  to  council,  xxi., 
his  Father  &  Brother  now  dec**  and  has  given  Bond  for  the  same  ^rchfve^s^,' 
praying  that  he  may  be  allowed  to  sell  Sixteen  Acres  of  his  unim-  xxxii.,  693. 
proved  Lands  in  Natick  for  discharging  his  said  Bonds,  &  paying  Mass. 
the  Expences  of  his  Suit  with  Nathaniel  Bullard  now  dec'*  xxxii!^^692. 

Pparl   flnrl  House  Jour- 

iteaa  ana  nai,pp.255,2.%-, 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted  as  268, 259.  Ante, 
that  the  Pef  be  and  hereby  is  impowered,  with  the  Consent  of  the  256.  '^  ^^" 
Guardians  of  the  Natick  Indians  to  make  sale  of  Sixteen  Acres  of 
his  unimproved  Lands  mentioned,  the  proceeds  thereof  to  be  applied 
to  discharge  his  Said  Debts  And  for  the  other  purposes  mentioned ; 
the  said  Guardians  to  take  Care  that  the  Lands  so  disposed  of  may 
be  such  as  they  Judge  shall  be  of  least  Damage  to  the  Petitioner. 
[Passed  December  26. 


CHAPTEE    233. 

ORDER  OF  NOTICE   WITH  STAY  OF  EXECUTION  ON    THE    PETITION    OF 
LITTLETON  PROPRIETORS  FOR  LEAVE  TO  RE-ENTER  AN  ACTION. 

A  Petition  of  the  Proprietors  of  the  Undivided  Lands  in  Little-  Legislative 
ton  shewing  that  Peter  Bulkley  obtained  a  Judgment  against  them  councif,  xxl,^ 
at  the  Superiour  Court  held  in  the  County  of  Suffolk  in  August  f^^hivlfs" 

.   „.  cxvll.,  48. 

>  Stc.  


422 


Province  Laws  {Resolves^  etc.) .  — 1755-56.     [Chap.  234.] 


Mass. 
Archives, 
cxvii.,46. 
House  Jour- 
nal, p.  263. 


last,  by  Means  of  the  Neglect  of  their  Agent,  on  whom  they  con- 
fided, Praying  that  they  may  be  impowered  to  re-enter  the  said 
Action  at  the  next  Superiour  Court  for  said  County  &  pursue  it 
to  finall  Issue,  &  that  Execution  may  be  stayed  in  the  mean  time. 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted  as 
that  the  Pef  serve  the  Adverse  Party  m''  Peter  Buckley,  or  M'  Sam^ 
Swift  his  Attorney  with  a  Copy  of  this  Petition  that  he  shew  Cause 
(if  any  he  have)  on  the  first  Tuesday  of  Jan^  next  if  this  Court  be 
then  then '  sitting,  if  not,  then  on  the  first  Wednesday  of  their  next 
Sitting  Why  the  Prayer  thereof  Should  not  be  granted,  and  that 
Execution  be  staled  in  the  mean  Time  Provided  the  Petitioner  give 
sufficient  Caution  to  the  Sheriff  of  the  County  of  Suffolk  to  pay 
all  Such  Sum  or  Sums  of  Money  as  shall  be  finally  Adjudged  due 
together  with  Lawf ull  Interest  for  the  same.     [Passed  December  26. 


Legislative 
Records  of  the 
Council,  xxi., 
13,  50.    Mass. 
Archives, 
xliv.,  209. 

Mass. 
Archives, 
xliv.,  200-208. 
Legislative 
Records  of  the 
Council,  xxi., 
48.    House 
Journal, 
pp.  189,  259,262, 
264,  265. 


CHAPTEK    234. 

ORDER    ACCEPTING    REPORT    OF    COMMITTEE    AND    IMPOWERING    THO^ 
BRYANT   TO  REVIEW  AN  ACTION. 

A  Petition  of  Thomas  Bryant  of  Scituate  shewing  that  in  a 
Cause  depending  between  him  &  Joseph  Stetson  at  the  Superiour 
Court  of  Judicature  for  the  County  of  Plymouth,  held  in  July  last, 
the  Parties  left  the  Matter  to  a  Reference  &  the  Referrees  reported 
in  favour  of  the  said  Stetson ;  and  Judgment  was  made  up  accord- 
ingly; And  for  as  much  as  there  was  a  Mistake  in  a  principal  Evi- 
dence given  in  to  the  Eeferrees ;  Praying  that  the  said  Judgment 
may  be  vacated,  and  the  Matter  re-committed  to  the  same  Referrees. 

The  Committee  to  whom  were  referred  the  Petitions  of  Thomas 
Bryant,  &  Joseph  Joslyn,  having  fully  heard  the  Parties,  Report 
thereon. 

That  the  said  Thoirias  be  &  hereby  is  authorized  &  impowered  to 
review  his  Action  aforesaid  at  the  next  Superiour  Court  of  Judica- 
ture &c,  to  be  holden  at  Plymouth  in  &  for  the  County  of  Plymouth 
on  the  third  Tuesday  of  July  next;  that  the  Justices  of  said  Court 
are  hereby  fully  authorized  &  impowered  in  every  Respect  to  hear, 
try,  determine,  make  up  Judgment  &  award  Execution  thereon,  as 
if  the  same  had  been  before  them  by  Appeal  or  Review,  Provided 
that  the  Judgment  which  may  be  then  obtained  shall  not  by  any 
Means  affect  or  prejudice  the  Title  that  the  said  Joseph  may  have 
to  the  Lands  upon  [which]  ^  Execution,  was  duly  levied,  &  Seizin 
thereof  in  due  Form  of  Law  given  to  Joseph  Stetson  &  fairly  pur- 
chased of  the  said  Joseph  by  the  said  Joslyn; 

By  Order  of  the  Com'^"=  W  Brattle, 

Read  & 

Ordered  that  this  Report  be  Accepted  and  that  the  Pef  Thomas 
Bryant  be  and  hereby  is  impowered  to  prosecute  his  Action  &c  ac- 
cordingly.    [Passed  December  27. 

'  Sic. 

'  Inserted  from  Mass.  Archives,  xliv.,  209. 


[4th  Sess.]     Province  Laws  {HesolveSj  etc.).  — 1755-56.  423 


CHAPTER    235. 

ORDER  APPOINTING  A    COMMITTEE    FOR    DISPOSING    OF    EXPATRIATED 
FRENCH  INHARTs  OF  NOVA  SCOTIA. 

In  the  House  of  Rep«  ^  Krds  of  the 

Whereas  a  considerable  number  of  the  Inhabitants  of  Nova  Scotia  council,  xxi., 
arrived  here  the  26  Ins'  being  removed  by  the  Gov''  &  Council  of  Archives^,' 
that  Province  for  the  Security  thereof :  and  no  provision  being  made  ^^"^•'  ^^- 
for  their  support  here,  they  are  in  great  danger  of  suffering  during  ^^^'^^^f^^^^jj 
this  rigorous  Season  without  the  Interposition  of  the  Court.  councn.xxi., 

Ordered  that  M""  James  Russell  M''  Cooper  &  M'  Hall  with  such  Hout'e/jour- 
as  the  Hon^'®  Board  shall  join  be  a  Committee  to  provide  for  the  nai,pp.266,267. 
Support  of  such  Inhabitants  of  Nova  Scotia  until  Advice  may  be  Laws,  iu.,  958, 
had  from  Gov'  Lawrence  and  his  Orders  concerning  them ;  or  until  p^^^i,  ^'^p' 
there  may  be  an  oportunity  of  applying  to  his  Excell^  General  ise. 
Shirley,  Com'^'  in  chief  of  his  Majestys  Forces  in  North  America 
for  his  directions,  concerning  them.  And  the   Committee  are  to 
dispose  of  them  in  the  mean  time  in  such  Towns  within  this  Prov- 
ince as  they  shall  judge  least  inconvenient  to  the  public;  and  the 
Selectmen  or  Overseers  of  the  Poor  of  the  several  Towns  to  which 
they  may  be  sent  as  aforesaid  are  hereby  authorized  &  required  to 
receive  them ;  and  employ  or  support  them  in  such  manner  as  shall 
incur  the  least  Charge.  And  the  said  Inhabitants  of  Nova  Scotia 
being  so  received  &  entertained  in  any  Town  shall  not  be  construed 
or  understood  to  be  an  Admission  of  them  as  Town  Inhabitants: 
the  Court  relying  upon  it  that  some  other  provision  will  be  made 
for  them  without  any  Expence  to  this  Government. 

In  Council  Read  and  Concur'd  and  Samuel  Watts  and  William 
Brattle  Esq"  are  joined  in  the  Affair.     [Passed  December  27 ^ 


CHAPTER    236. 

ORDER  ON  THE  PETITION  OF  PRINCE  VITTO   CONFIRMING  THE  VALID- 
ITY OF  A  DEED. 

A  Petition  of  Prince  Vitto  Negro  Man,  late  Servant  to  the  late  Legislative 
Rev*^  M-^  Oliver  Peabody  dec*^  shewing  that  Job  Comicha  of  Natick  ^^Xu'xli!!^ 
Indian,  being  charged  with  the  Maintenance  of  a  Bastard  Child,  5i.  Mass.    ' 
his  Aunt  Mary  Ephraim  having  Estate  &  no  Children  prevailed  392.        '  '  ' 
upon  the  Pef  (who  had  saved  some  Money  by  his  Labour)  to  pur-  Mass. 
chase  five  Acres  of  Land  of  her,  that  with  the  Produce  thereof  ^^^House'' 
she  might  free  her  said  Nephew  from  Imprisonment,  which  accord-  Journal, 

•  •  •  irn    '24-0  2fifi 

ingly  he  did,  paying  her  £16.13.4  for  the  same,  &  took  her  Deed  ^^'     ' 
of  Conveyance  which  he  tho't  he  might  lawfully  do,  and  now  the 
said  Indians  would  defeat  him  of  any  Benefit  of  the  said  Purchase, 
Praying  that  this  Court  would  confirm  his  s,^  Deed. 

Read  and 

Ordered  that  the  prayer  of  this  petition  be  Granted  and  that  the 
Deed  referred  to  in  the  petition  be  held  good  and  Valid  in  the  law 
to  all  intents  and  purposes  and  the  land  thereby  Conveyed  be  and 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  December  29. 


424 


Province  Laws  {Resolves, etc.).  — 1755-56.  [Chaps.  237,  238.] 


hereby  is  Confirmed  to  the  pef  in  as  full  and  Ample  manner  and 
sort  as  tho:  the  said  Deed  had  been  passed  by  order  of  this  Court. 
[Passed  December  29.^ 


CHAPTER    237. 


Legislative 
Records  of  the 
Council,  xxi., 
55.    Mass. 
Archives,  xix., 
337. 

Mass. 

Archives,  xix., 
335.    House 
Journal,  p.  270. 
Province 
Laws,  ii.,  151, 
Chap.  10. 


ORDER  IMPOWERING  SARAH    STEVENS,  ADM-^,  TO    SELL    REAL    ESTATE 
AND  MAKING  PROVISION  IN  REGARD   TO  THE  PROCEEDS. 

A  Petition  of  Sarah  Stevens  Widow  &  Administ^  of  the  Estate 
of  Samuel  Stevens  late  of  Stow  in  the  County  of  Middlesex  dec*^ 
shewing  that  the  Debts  on  the  said  Estate  are  more  than  the  Per- 
sonal Estate,  Praying  that  she  may  be  impowered  to  sell  so  much 
of  the  Eeal  Estate  as  will  be  necessary  for  the  Payment  of  the 
Debts  &  Support  of  the  Family  of  the  dec** 

Eead  & 

Order''d  that  the  Prayer  of  this  Petition  be  granted  and  that 
the  Petitioner  be,  and  she  is  hereby  impowered  (in  her  said  Capac- 
ity) to  make  Sale  of  so  much  of  the  Eeal  Estate  of  the  said  Intes- 
tate, (not  exceeding  the  value  of  Sixty  Pounds  Lawfull  money) 
where  it  can  be  spared  with  least  Prejudice  to  the  whole  Estate, 
for  discharging  the  said  Deceaseds  just  Debts  &  support  of  his 
Family,  she  giving  previous  publick  Notice  of  such  intended 
Sale  agreable  to  the  Direction  of  the  Law,  relating  to  the  Sale 
of  Eeal  Estates  by  Executors  &  Administrators:  Provided  the 
said  Petitioner  give  sufficient  Caution  to  the  Judge  of  Probate  for 
Middlesex  that  the  Proceeds  of  such  sale  shall  be  applyed  (so  far 
as  shall  be  necessary)  for  the  Purposes  aforesaid  and  that  she  shall 
[be]  ^  accountable  for  the  Eemainder.     [Passed  January  14. 


CHAPTER    238. 


Legislative 
Becords  of  the 
Council,  xxi., 
56^ 

Mass. 

Archives,  cxx., 
75.    House 
Journal, 
pp.  272, 273,  274. 
Ante,  p.  390, 
Chap,  160. 


VOTE  IN  REGARD    TO    GRANTING    LICENCES    TO    ABSENT    INNHOLDERS 

&   RETAILERS. 

Whereas  divers  who  were  Innholders,  &  Eetailers  the  last  Year 
in  several  Counties  within  this  Province  were,  (at  the  Time,  by 
Law  appointed  for  granting  Licences  in  such  Counties  respectively) 
absent  in  his  Majesty's  Service;  by  Eeason  whereof  they  had  no 
Opportunity  of  taking  the  Oath  by  Law  required  respecting  their 
having  received  or  paid  within  this  Government,  any  Bill  or  Bills 
of  the  Neighbouring  Governments  of  Connecticut,  Ehode  Island,  or 
New  Hampshire,  in  Order  to  qualify  them  to  receive  their  Licences; 
Therefore 

Voted  that  the  Courts  of  General  Sessions  of  the  Peace  in  the 
several  Counties  within  this  Province  be  &  they  are  hereby  author- 
ized to  grant  Licences,  (if  they  see  Cause)  to  such  Eetailers  &  Inn- 
holders  as  aforesaid,  upon  their  obtaining  the  Approbation  of  the 
Select  Men  of  the  respective  Towns  to  which  they  belong  &  to  those 
that  are  returned,  or  such  Persons  as  shall  transact  or  carry  on  such 
Business  for  them,  they  taking  the  said  Oath  before  the  Eecogni- 
zances  required  by  Law  shall  be  taken.'     [Passed  January  16. 

'  Adjourned  to  January  14.     See  the  House  Journal,  p.  267. 
^  Inserted  from  Legislative  Records  of  the  Council,  xxi.,  55. 

*  Mass.  Archives,  cxx.,  75,  gives  a  similar  order  for  the  innholders  and  retailers  of 
Plymouth  County,  under  the  same  date,  January  16. 


[4th  Sess.]     Province  Laws  (Besolves,  etc.).  — 1755-56.  425 


CHAPTER    239. 

ORDER  DIRECTING  THE  COMMITTEE  APPOINTED  ON  THE  DISPOSITION 
OF  THE  EXPATRIATED  FRENCH  FROM  NOVA  SCOTIA  TO  MAKE  THEIR 
REPORT. 

Ordered  That  the  Com*^^  appointed  on  y®  27*^  Dec'  last  to  pro-  Legislative 
vide  for  the  Subsistence  of  the  French  Inhabit^^  of  Nova  Scotia  councif  xx^*^ 
sent  here  by  Gov"^  Lawrence,  be  directed  to  take  necessary  Care  of  56.  Mass. 
Such  of  the  Said  Inhabitants  as  have  since  arrived  here,  untill  Gov-  xkulJis.' 
ernour  Lawrence's  orders  relating  to  them  be  had,  or  till  application  Legislative 
may  be  made  to  His  Excellency  General  shirley  for  His  Directions  ^^*'r.o*|fjj°fi 
concerning  them.  xxi.,  5o. 

And  Also  f^v-'r- 

That  the  Said  Com'"*  be  directed  to  lay  before  this  Court  An  ^^'^'^^^^  ggg 
Account  of  what  disposition  they  have  Already  made  of  the  said  note. 'Ante, 
Inhabitants.     [Passed  January  16.  liiJ^'  '^^^p- 


CHAPTER    240. 

ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  ADVERTISE  FOR 
PERSONS  RECEIVING  ENLISTING  MONEY  TO  SETTLE  THEIR  BONDS 
AND  PAY  BALANCES  DUE  PROVINCE  TREASURY. 

Ordered  That  the  Treasurer  &  Eeceiver  General  for  this  Prov-  Legislative 
ince  be  directed  to  publish  his  Advertizements  in  the  several  public  counc^f  xlf!'^ 
prints,  that  those  Gentlemen  who  rec^  the  Goverm*^  Money  in  Order  s^-  Mass. 
to  their  inlisting  Men  into  his  Majesty's  Service  for  the  late  Crown-  ixxv.,  to.' 
point  Expedition  repair  to  him  as  soon  as  may  be,  Settle  their  Sev-  House  Jour- 
eral  Bonds,  and  pay  in  to  the  Treasury  all  such  Sums  of  Money  as  ^ntf^'^'^m''^^' 
may  be  remaining  in  their  hands.     \_Passed  January  20.  chap'.  137. 


CHAPTER    241.  ^Iffls"o7the 

Council,  xxl., 

ORDER    DIRECTING    PAYMENT    IN    GOVERNMENT    SECURITIES    OF    THE  Archives," 
£300  GRANTED   TO  THE  LIEU^  GOVERNOR.  '^^^■>  ^'^- 

Legislative 

Ordered^  That  the  Treasurer  &  Eeceiver  General  for  this  prov-  councif,  xxi.,^ 
ince  be  directed  to  pay  the  Grant  of  three  hundred  Pounds  lately  journai"^^ 
made  by  this  Court  to  his  Honour  y^  Lieu*  Governor,  by  deliver-  pp.  193, 201, 276. 
ing  Government  Securities  for  y^  Same.     {Passed  January  20.^        La\v8,°i*i!.,  884, 

chap.  19. 
'  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  January  21. 


426 


Province  Laws  (i?esoZws,e<c.).  — 1755-56.  [Chaps.  242,  243.] 


CHAPTER    242. 


Legislative 
Kecords  of  the 
Council,  xxi., 

58.    MasB. 
Archives,  cxi., 
359. 

House  Jour- 
nal, p.  278. 


ORDER  GRANTING  TO  OLIVER  CLARK  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Oliver  Clark  of  Newbury,  shewing  that  his  Father 
in  Law  Edward  Eichardson  (now  Dec'')  devised  his  House  in  New- 
bury which  had  for  many  Years  been  licenced  as  a  Tavern,  together 
Avith  the  Stores  therein  to  the  Petitioner,  Therefore  Praying  that 
the  Court  of  General  Sessions  of  the  Peace  for  the  County  of  Essex 
may  be  impowered  at  their  next  Term  to  grant  him  a  Licence : 

Eead  and 

Ordered,  That  y®  Prayer  of  this  Petition  be  so  far  granted,  as 
that  the  Justices  of  the  Court  of  Gen^  Sessions  of  the  Peace  for 
the  County  of  Essex  be  and  hereby  are  impowered  at  their  next 
Term  to  Licence  the  Pef  to  be  an  Innholder  in  S**  Town  of  New- 
bury (if  they  See  fit)  he  first  Obtaining  the  approbation  of  the 
Select  Men  of  said  Town;  y®  Time  for  granting  Licences  being 
Elapsed  notwithstanding.     {^Passed  January  20.^ 


CHAPTER    243. 


Legislative 
Records  of  the 
Council,  xxi., 
59.    Mass. 
Archives, 
xliv.,  222. 

Mass. 
Archives, 
xliv.,  221. 
House  Jour- 
nal, pp.  277, 281. 


ORDER  OF  NOTICE   WITH  STAY  OF  EXECUTION  ON    THE    PETITION    OF 
JOHN  BAKER  TO  SET  ASIDE   A   JUDGMENT   AND   HAVE   A  NEW   TRIAL. 

A  Petition  of  John  Baker''  of  Topsfield,  shewing  that  in  an 
Action  brought  by  the  Petitioner  against  Jonathan  Dodge  at  the 
Inferiour  Court  of  Common  Pleas  for  the  County  of  Essex  in  July 
1754,  and  carried  up  to  the  Superiour  Court  by  Appeal,  the  Parties 
submitted  their  Controversy  to  a  Eule  of  Court;  upon  which  the 
Eeport  of  the  Eeferrees  &  Judgment  of  Court  were  against  the 
Petitioner,  And  for  as  much  as  the  Petitioner  has  discovered  since 
the  Trial  an  evident  Partiality  in  two  of  the  Eeferrees,  Praying 
that  the  said  Judgment  may  be  set  aside,  &  the  Pet'  have  another 
Trial, 

Eead  & 

Ordered  that  the  Petitioner  serve  the  Adverse  Party  Jonathan 
Dodge  with  a  Copy  of  this  Petition  that  he  shew  Cause  (if  any  he 
have[)]  '  on  the  first  Tuesday  of  February  next  why  the  prayer 
thereof  shall  not  be  granted  and  that  Execution  be  staid  in  the 
Mean  Time  provided  that  the  Pef  give  suffie'  Security  to  the 
SherifE  of  the  County  of  Essex  to  pay  what  may  finally  be  Ad- 
judged due.     \^Passed  January  20 ^ 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  January  21. 

^  The  House  Journal,  p.  281,  reads,  "John  Barker." 

'  Inserted  from  Legislative  Records  of  the  Council,  xxi.,  59. 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  January  22. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  427 


CHAPTEK    244. 

ORDER   ALLOWING   £60  AND   A  FURTHER    SUM    OF   £14.  8    TO    ROBERT 

BALL. 

A  Petition  of  Robert  Ball  Keeper  of  the  Light  House,  setting  Legislative 
forth  his  Services  in  that  Trust,  and  praying  for  a  suitable  Allow-  councff,  xIl,^ 
ance  for  his  Service  the  last  Year,  and  a  Reimbursement  of  his  ^rchiv^ei^'ixv 
Charge  in  providing  Fewel  for  keeping  the  Oil  in  the  Lamps  from  172. 
Congealing.  Mass. 

Read  and  irof'Sol'se""* 

Ordered  That  the  Sum  of  Sixty  Pounds  be  allowed  and  paid  out  Journai^^^  ^^^ 
of  the  Public  Treasury  to  the  Petitioner  Robert  Ball,  in  recompence  pp-  '  •  '  • 
of  his  Services  mentioned  for  the  year  past,  ending  the  19^''  of  Nov'' 
last;  Also  that  the  further  Sum  of  Fourteen  Pounds  eight  Shillings 
be  allowed  &  paid  him  out  y^  Publick  Treasury  in  Consideration  of 
What  he  has  expended  for  fire  Wood  In  y®  Year  past,  for  y^  Benefitt 
of  the  Light.      \_Passed  January  22. 


CHAPTEE    245. 

ORDER    IMPOWERING    THO^    WALKER    TO    EXPORT    SHIP    BREAD    TQ 

JAMAICA. 

A  Petition  of  Thomas  Walker  setting  forth  that  he  has  now  by  Legislative 
him  a  Quantity  of  Ship  Bread,  which  he  was  by  Order  of  the  Gov-  councif,  xx^!*^ 
ernment  prevented  from  shipping  off  the  last  Summer,  and  the  said  59.  Mass. 
Broad  being  liable  to  decay.  Praying  that  he  may  be  allowed  to  ship  174.    ^   '  "   "' 
it  off  to  Jamaica  upon  giving  Bond  as  usual.  Mass. 

Read  and  f73?'S'ou'se"' 

Ordered  That  the  Prayer  of  this  Petition  be  granted;  &  That  the  o^Asf '^wL^' 
Petitioner  have  liberty  to  export  the  bread  mentioned  therein  on  p.  270,  chap, 
board  the  Ship  Raleigh  for  the  Island  of  Jamaica,  upon  his  giving  ^^^• 
Bond  in  the  sum  of  One  thousand  pounds  Sterling  to  the  Impost 
Officer  with  sufficient  Sureties,  to  land  the  same  in  said  Island,  and 
to  produce  a  Certificate  from  one  of  the  principal  Officers  of  his 
Majesty's  Customs,  that  said  Bread  has  been  landed  there,  provided 
That  in  said  Bond  the  Quantity  of  said  Bread  be  expressed;  and 
when  the  Certificate  is  returned  from  one  of  y®  Officers  aforesaid 
in  manner  as  aforesaid,  S*^  Bond  shall  be  Cancelled  &  delivered  up. 
\_Passed  January  22. 


CHAPTEE    246. 

ORDER  IMPOWERING  REBECCA  HOLT,  ADM-^  AND   GUARDIAN,  TO    SELL 

LAND. 

A  Petition  of  Rebecca  Holt  Widow  &  Administratrix  of  the  Legislative 
Estate  of  Henry  Holt  late  of  Andover  dec"!  and  Guardian  of  the  g^^°^if,  xxi!",^ 
two  Minor  Daughters  &  the  only  Heirs  of  the  Dec"^,  Praying  Liberty  eo.  Mass. 
to  sell  their  Interest  in  a  small  Peice  of  Land,  which  they  hold  in  ses.        '    ' '' 


428 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  247,  248.] 


Mass. 

Archives,  xix. 
367.    House 
Journal, 
pp.  275,  279. 
Province 
Laws,  ii.,  151, 
chap.  10. 


Partnership  with  their  Uncle,  lying  in  Andover  aforesaid,  for  the 
greater  Benefit  of  said  Heirs. 

Read  and 

Ordered  that  the  Prayer  of  this  Pet°  be  so  far  granted  as  that 
the  Pet'  in  her  said  Capacity  of  Admin''  &  Guardian  be  &  she 
hereby  is  impowered  to  make  sale  of  the  Lands  within  mentioned 
for  the  most  y®  same  will  fetch  &  to  make  &  execute  a  Good  & 
sufficient  Deed  or  Deeds  of  Sale  in  the  Law  of  the  same,  she  Ob- 
serving the  Direction  of  the  Law  respecting  Admin"  selling  of 
Lands,  and  giving  sufficient  Caution  to  the  Judge  of  Probate  for 
y®  County  of  Essex  to  Account  for  the  produce  of  the  premisses 
&  that  y®  same  shall  be  disposed  of  according  to  Law.  \_Passed 
January  22. 


CHAPTEK    247. 


Legislative 
Records  of  the 
Council,  xxi., 
62.    Mass. 
Archives, 
xlix.,  450. 

House  Jour- 
nal, pp.  278, 283. 


ORDER  REMITTING  TO  THE  TOWN  OF  BELLINGHAM   £10  FINE  FOR  NOT 
SENDING   A   REPRESENTATIVE. 

A  Petition  of  Samuel  Darling  in  behalf  of  the  Town  of  Belling- 
ham,  setting  forth  the  small  Number  of  the  Inhabitants  occasioned 
by  so  many  of  their  Men  going  out  in  the  Expedition  against  Crown 
Point,  therefore  Praying  that  they  may  be  freed  from  the  Pine  im- 
posed upon  them  for  not  sending  a  Representative  to  Court  the 
present  Year: 

Read  and 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  the  Select  Men  of  the  Town  of  Bellingham  for  the  use  of 
S*^  Town  the  Sum  of  Ten  pounds  in  Consideration  of  a  fine  imposed 
upon  S*^  Town  for  not  Sending  a  representative  to  the  Gen^  Court 
this  present  Year.     \^Passed  January  23.^ 


CHAPTER    248 


Legislative 
Records  of  the 
Council,  xxi., 
61^ 

Mass. 
Archives, 
xxiii.,  22. 
Legislative 
Records  of  the 
Council,  xxi., 
50.    House 
Journal, 
pp.  265  his,  285. 
Province 
Laws,  ill.,  958, 
note.    Ante, 
p.  423,  chap. 
235. 


ORDER    FOR   DISPOSING    OF    THE    EXPATRIATED    FRENCH    LATELY 
ARRIVED  FROM  NOVA  SCOTIA. 

Whereas  a  considerable  Number  of  the  Inhabitants  of  Nova 
Scotia  arrived  here  since  the  27^^  day  of  December,  last  being 
removed  by  the  Governour  &  Council  of  that  Province  for  the 
Security  thereof;  And  no  Provision  being  made  for  their  Support 
here,  they  are  in  great  Danger  of  suffering,  during  the  Winter 
Season,  without  the  Interposition  of  this  Court. 

Ordered  that  the  Committee  already  appointed  on  the  27*^  day 
of  Dec''  do  provide  for  the  Support  of  such  Inhabitants  of  Nova 
Scotia  as  have  arrived  since  the  27'^*^  day  of  December  last,  untill 
Advice  may  be  had  from  Col.  Lawrence,  &  his  Orders  concerning 
them,  or  untill  there  may  be  an  Opportunity  of  applying  to  his 
Excellency  Major  General  Shirley  Commander  in  Chief  of  his  Maj- 
esty's Forces  in  North  America,  for  his  Direction  concerning  said 
Inhabitants;  and  the  Committee  are  to  dispose  of  them  in  the  mean 

*  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  the  date  is  January  24. 


[4th  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1755-56.  429 

time,  [(]'at  their  best  Discretion)  in  such  Towns  within  this  Prov- 
ince as  they  shall  Judge  least  Inconvenient  to  the  Public  &  at  the 
least  Charge;  Eegard  to  be  had  also  as  to  the  Taxes  each  Town 
pays,  they  are  severally  sent  to,  and  to  the  Numbers  which  any  of 
the  Towns  have  already  received;  and,  the  Overseers  of  the  Poor 
of  the  several  Towns,  to  which  they  are  sent  as  aforesaid,  are 
hereby  authorized  &  required  to  receive  them,  &  employ  &  sup- 
port them,  in  such  Manner  as  shall  incur  the  least  Charge;  and 
the  said  Inhabitants  of  Nova  Scotia  being  so  received  &  enter- 
tained in  any  Town,  shall  not  be  construed  or  understood  to  be 
an  Admission  of  them  as  Inhabitants,  nor  shall  they  be  at  the 
Charge  of  any  of  the  Towns  they  are  sent  to;  This  Court  rely- 
ing upon  it  that  some  other  Provision  will  be  made  for  them  with- 
out any  Expence  to  this  Government,  and  the  Overseers  of  the 
Poor  of  the  several  Towns  to  whom  the  said  Inhabitants  have  been 
or  shall  be  sent  by  this  &  the  aforementioned  Order  of  the  Court 
shall  keep  an  exact  Account  of  the  necessary  &  unavoidable  Charges 
they  have  be  [en]  '  or  may  be  at  for  their  Support,  untill  the  tenth 
day  of  April  next,  &  shall  transmit  the  same  to  the  Secretary's 
Office  for  Payment  in  order  to  ascertain  the  Sums  advanced  by 
this  Government  from  time  to  time  for  the  Service  &  safety  of 
Nova  Scotia  aforesaid.     \^Passed  January  24.'' 


CHAPTER    249. 

ORDER  ALLOWING   £32.  3. 8   AND   A  FURTHER  SUM    OF    £150    TO    JOSIAH    . 
WILLARD,  SECRETARY. 

A  Memorial  of  Josiah  Willard  Esq''  Secretary  of  this  Province,  Legislative 
Praying  for  an  Allowance  to  his  Assistant  for  his  Service  since  the  coundf,  xx^^f 
30'''  of  May  1754,  as  also  for  extraordinary  Charge  he  has  been  at  6-- 
for  Writing  done  in  his  Books  for  about  two  Years  past:  House Jour- 

o  r  nal,  pp.  28o, 

Kead  &  286  Ms.    Ante, 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury  ffof  ^'  ^^^'^' 
to  the  Memorialist  Josiah  Willard  Esq""  the  Sum  of  Thirty  two 
Pounds  three  Shillings  &  eight  pence  in  full  of  his  Accompt  here- 
with presented;  and  that  there  be  allowed  &  paid  out  of  the  public 
Treasury  to  the  said  Memorialist  the  Sum  of  One  hundred  &  fifty 
Pounds  for  one  Year  &  eight  Months  Service  of  his  Assistant  M"" 
Thomas  Clarke,  ending  the  30*^^  of  January  Curr'.  [^Passed  Jan- 
uary 24. 


CHAPTER    250. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  ON 
TEA,  COFFEE,  Scc'^,  FOR  THE  COUNTY  OF  YORK  AND  ALLOWING  £3. 4.  5 
FOR  THE   EXPENSE   THEREOF. 

The  Committee  appointed  to  let  out  to  farm  the  Excise  on  Tea,  Legislative 
Coffee  &c=^  in  the  County  of  York,  reported  that  they  had  agreed  ^^Xcu"  xii**^^ 
with  Joseph  Simpson  iun""  for  the  same,  for  the  sum  of  Ten  Pounds  64.   Mass. 

■'■■'•''  Archives,  cxx., 

*  Inserted  from  State  Library  copy,  Legislative  Records  of  the  Council,  xxi.,  61.  ij 

"  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  and  the  House  Journal  the  date  is  January  23. 


430 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  251,  252.] 


House  Jour- 
nal, p.  290. 
Ante,  p.  374, 
cbap.  116. 


sixteen  Shillings  &  have  taken  Bond  of  him  &  lodged  it  in  the 
Treasury,  their  Charge  being  £3.4.5. 

Eead  and 

Ordered,  That  this  Eeport  be  Accepted ;  &  That  there  be  allowed 
&  paid  out  of  the  public  Treasury  to  the  S"^  Committee  the  Sum  of 
Three  pounds,  four  Shillings  &  five  pence  in  full  discharge  of  their 
Acco'  of  Time  &  Ex|)ences  exhibited.     \^Passed  January  27.^ 


CHAPTER    251. 


Legislative 
Records  of  the 
Council,  xxi., 
64.    Mass. 
Archives,  xix., 
364. 

Mass. 

Archives,  xix., 
363.    House 
Journal, 
pp.  291,  293,  294. 


VOTE  IMPOWERING  MARY  ELY,  EXECUTRIX,   TO  EXECUTE  DEEDS. 

A  Petitioist  of  Mary  Ely,  Executrix  of  the  Estate  of  Caleb  Ely, 
Executor  to  Benoni  Jones  late  of  Springfield  Dec*^  setting  forth  that 
the  said  Caleb  (now  deceased)  sold  divers  parcels  of  Lands  of  said 
Jones's  Estate,  which  he  became  bound  to  give  Deeds  of  to  the  sev- 
eral Persons  concerned.  Praying  that  the  Pet'  may  be  impowered  to 
give  &  execute  Deeds  of  the  said  Land  accordingly. 

[Eead  and] 

Voted  that  the  Prayer  of  the  Petition  be  granted  &  that  the  said 
Mary  Eley  Executrix  of  the  last  Testam'  of  the  Said  Caleb  Eley 
Deceas*^  be  &  hereby  is  Impowered  to  give  and  Execute  a  Deed  or 
Deeds  of  the  Said  Fifty  Acres  of  Land  to  Thomas  Miller  y«  2*^ 
Charles  Ball  and  Noah  Ball  or  Either  of  them  or  any  other  Person 
to  whom  Said  Land  or  any  Part  of  it  may  be  by  them  or  Either 
[of]  them  sold,  (agreable  to  the  Said  Caleb^  Obligation  by  the  Bond 
afores*^)  and  that  the  Deed  or  Deeds  So  made  and  Executed  by  the 
Said  Mary  in  Said  Capacity  be  as  good  and  Valid  in  Law  as  If  the 
Same  had  been  made  and  Executed  by  the  Said  Caleb  in  his  Life 
Time  and  that  the  Said  Mary  Apply  the  Produce  of  Said  Land  So 
far  as  it  Shall  Come  into  Her  Hands  as  the  Said  Benoni  Jones  in 
his  Last  "Will  and  Testament  hath  Ordered  and  Eender  an  ace" 
thereof  to  the  Judge  of  Probates  for  the  County  of  Hampshire. 
\^Passed  January  28. 


Legislative 
Records  of  the 
Council,  xxi., 
65.    Mass. 
Archives,  Ixv., 
178. 

House  Jour- 
nal, p.  294. 
Ante,  p.  270, 
chap.  261. 


CHAPTER    252. 

ORDER  IMPOWERING  SAMUEL  STURGIS   &   SOLOMON  DAVIS  TO  EXPORT 
PROVISIONS  TO  THE  BAY   OF  HONDURAS. 

A  Petition  of  Samuel  Sturges  &  Solomon  Davis  of  Boston  Merch'' 
Praying  for  Liberty  to  ship  on  board  a  Sloop  belonging  to  them  for 
the  Bay  of  Honduras,  thirty  Barrells  of  Beef,  ten  Barrells  of  Flour, 
two  Barrells  of  Mackrell  &  three  Quintals  of  Fish  for  the  Use  of 
the  English  there, 

Eead  and 

Ordered  That  the  Prayer  of  this  Pet°  be  so  far  granted  As  that 
the  Pef^  have  liberty  to  transport  the  Provisions  therein  Mentioned 
to  y®  Bay  of  Honduras  provided  that  they  give  Bond  to  the  Impost 
Officer  in  the  Sum  of  five  hundred  pounds  Sterling  to  Carry  the 
same  to  the  S*^  Bay  &  there  dispose  of  it:  which  Bond  shall  be 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal  according  to  Legis- 
lative Records  of  the  Council  the  date  is  January  28. 


[4th  Sess.]     Province  Laws  (Hesolves,  etc.).  — 1755-56.  431 

Cancelled  &  delivered  up  when  the  Master  of  y^  Vessel  on  board 
which  Said  provisions  shall  be  shiped  returns  &  makes  Oath  that 
S^  provisions  have  been  so  disposed  of.     [Passed  January  28.^ 


CHAPTEE    253. 

ORDER  IMPOWERING  TIM"  FITCH  TO  EXPORT  PROVISIONS  TO  THE  ENG- 
LISH  WEST  INDIES. 

A  Petition  of  Timothy  Fitch  of  Boston  Merch'  shewing  that  he  Legislative 
is  fitting  out  the  Schooner  Two  Brothers,  Thomas  Stanley  Master  councif,  xx*l ® 
for  the  West  Indies,  Praying  that  he  may  be  allowed  to  carry  thither  64.  Mass. 
fifty  Barrells  of  Provisions  for  the  Use  of  the  Inhabitants  of  the  ^^^'^^^•'^••^'*'' 
English  Islands.  iJ^^^; 

Eead  and  nr^House^^"' 

Ordered  That  the  Prayer  of  this  Petition  be  granted ;  And  that  Journal,  p.  296. 
the  Pet'  have  liberty  to  export  fifty  bar'^  of  Provisions  on  board  the  Laws^ni., 950, 
Schooner  Two  Brothers  Thomas  Stanley  Master  to  any  of  the  Eng-  ^^^^^-^  ^«'«»  ' 
lish  West  India  Islands,  provided  he  give  Bond  to  the  Impost  Officer  26i.'  ' 
in  the  Sum  of  five  hundred  pounds  Sterling  to  land  or  dispose  of  the 
same  at  any  One  or  More  of  said  Islands,  and  to  produce  a  Certifi- 
cate from  one  of  the  principal  Officers  of  his  Majesty's  Customs  in 
such  place  or  places  respectively,  that  s*^  Provisions  have  been  so 
landed  or  disposed  of;  and  when  such  Certificate  is  produced  to 
y^  s**  Impost  Officer  the  Bond  afores'*  shall  be  Cancelled  and  deliv- 
ered up.     \_Passed  January  29. 


CHAPTER    254. 

ORDER  OF    NOTICE    WITH    STAY    OF    PROCEEDINGS    ON    THE    PETITION 
OF  BENJ-^  JOHNSON  COMPLAINING  OF  A  REPORT  OF  REFEREES. 

A  Petition  of  Benjamin  Johnson  of  Stoughton,  setting  forth  Legislative 
that  on  a  Trial  between  him  &  Thomas  Randal  of  said  Place,  at  councn"  xxi!!* 
the  Court  of  General  Sessions  of  the  Peace  for  the  County  of  Suf-  ArchfvX 
folk,  referring  to  the  Pet"  fiowing  of  the  said  Randals  Meadow,  xiiv.,  246! 
the  Parties  submitted  the  Matter  to  a  Rule  of  Court,  &  that  the  Mass. 
Referrees  thereon  brought  in  a  Report  very  unreasonable,  &  much  t\u^l^l 
to  the  Pet"  Damage,  Therefore  Praying  for  Releif  from  this  Court.  ^.T^^^oT"" 

Read&  nai.p.292. 

Ordered,  That  y*  Pet'  serve  the  Adverse  party  M'  Thomas  Ran- 
dall with  a  Copy  of  this  Petition,  that  he  shew  Cause  (if  any  he 
have)  on  Friday  y^  sixth  day  of  Feb''  Next,  why  the  Prayer  thereof 
Should  not  be  granted.  And  That  all  proceedings  on  y*  Warrant 
herein  mentioned  be  staled  in  the  mean  Time.    [Passed  January  29. 

'  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  January  29. 


432 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  255,  256.] 


CHAPTEK    255. 


Legislative 
Kecords  of  the 
Council,  xxi., 


MasB. 
Archives, 
cxvii.,  108. 
House  Jour- 
nal, pp.  290, 294, 
295,  298.    Ante, 
p.  343,  chap.  41; 
p.  349,  chap.  56. 


ORDER  IMPOWERING  THE  PROPRIETORS  AT  THE  WEST  TOWNSHIP  AT 
HOOSUCK  TO  ERECT  A  BLOCK  HOUSE  AT  THE  PLACE  CALLED  "THE 
SQUARE." 

A  Petition  of  William  Chidester  of  the  Westerly  Township  at 
Hoosuck,  setting  forth  the  Neglect  of  the  Proprietors  to  settle 
there,  and  the  defenceless  Condition  that  he  &  the  other  Settlers 
there  are  in,  praying  for  some  Releif  &  Assistance  from  this  Court: 

Read  & 

Ordered  that  the  Prayer  of  this  Petition  be  so  far  granted  as  that 
if  the  Proprietors  of  the  said  Township  or  any  part  of  them  shall 
at  their  own  Cost  &  Charge,  with  the  Leave  of  the  Captain  Gen- 
eral, erect  a  sufficient  Block  House  in  said  Town  at  the  Place  called 
the  square,  by  the  tenth  day  of  March,  that  then  there  be  allowed 
Ten  Soldiers  either  out  of  the  Number  now  stationed  at  Fort  Mas- 
sachusetts, or  otherwise  by  a  new  Levy  as  this  Court  shall  judge 
best;  And  the  said  Proprietors  or  such  of  them  as  shall  appear  & 
labour  in  the  erecting  said  Block  House  be  allowed  their  Subsist- 
ence out  of  the  Province  Stores  for  the  Space  of  two  Months ;  And 
that  if  the  said  Proprietors  shall  not  appear  by  the  tenth  of  March 
next  to  erect  a  Block  House  on  the  Place  called  the  Square,  [that 
then]  '  the  Petitioner  with  such  as  shall  appear  spirited  ^  with  him 
and  shall  erect  a  Block  House  round  his  House,  and  the  two  other 
Houses  convenient  to  be  taken  in,  shall  be  intitled  to  the  same  Sub- 
sistence abovesaid,  while  building  said  Block  House,  and  that  when 
the  said  Block  House  is  finish'd,  ten  of  the  Inhabitants  which  shall 
have  erected  said  Block  House  be  put  into  Pay  &  Subsistence  during 
the  Courts  Pleasure:  And  that  the  Commander  in  Chief  be  desired 
to  give  Orders  that  there  be  a  Guard  of  ten  Men  taken  from  Fort 
Massachusetts  to  guard  the  Labourers  while  they  are  at  Work  on 
said  Block  House.     \_Passed  February  2. 


CHAPTEK    256. 


Legislative 
Records  of  the 
Council,  xxi., 
72.    Mass. 
Archives, 
Ixxv.,  88,  90. 

Legislative 
Records  of  the 
Council,  XX., 
525.    House 
Journal, 
pp.  299, 300,  309. 
Ante,  p.  367, 
chap.  97. 


ORDER  ESTABLISHING  THE  SUBSISTENCE  OF  OFFICERS  AND  SOLDIERS 
ENGAGED  IN  THE  CROWN  POINT  EXPEDITION  AND  VOTE  APPOINT- 
ING A  COMMITTEE  THEREON. 

In  the  House  of  Representatives 

Ordered  That  the  officers  and  Private  Soldiers  Imployed  in  the 
late  Expedition  Towards  Crown  Point  be  allowed  and  paid  at  y® 
rate  of  1/6  by  y®  day  for  their  Subsistance  in  their  return  to  their 
respective  homes  from  Albany,  Accounting  fifteen  Miles  of  their 
Travel  for  a  day,  and  that  the  Chief  Officer  of  Every  Company 
make  a  distinct  roll  for  his  Company  Setting  forth  therein  the 
name  of  the  Town  or  district  to  which  Each  person  belongs,  The 
distance  of  such  place  from  Albany,  The  number  of  days  Each 
person  was  returning  according  to  y*  aboves*^  Method  of  Computa- 
tion &  The  whole  sum  due  to  Each  person 

And  That  Publick  notice  be  forthwith  given  in  Some  one  or  more 
of  y''  Publick  Prints  by  the  Commissary  Gen"  to  all  Taverners  & 

>  Inserted  from  Mass.  Archives,  cxvii.,  109. 
2  Sic. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  433 

others  (who  have  afforded  Entertainment  to  s*^  officers  and  Soldiers 
in  their  return  from  s^  Expedition)  who  have,  not  rec'^  pay  therefor, 
That  they  bring  in  all  their  Acc'^  thereof  to  s''  Comissary  by  y^  first 
day  of  March  next  therein  Expressing  y*  names  of  the  persons  to 
whom  such  Entertainm*  has  been  given  and  to  what  Company  they 
belonged 

And  That  a  Com'^*  be  appointed  by  the  house  to  be  Joined  by 
a  Com'**  of  the  Hon'''®  Board  to  Examine  s*^  Accounts  &  to  report 
to  this  Court  how  much  thereof  they  Judge  resonably  Charged  & 
Well  proved  And  When  this  Court  Shall  have  passed  thereon  S"* 
Com'**  Shall  make  out  fair  Lists  of  all  y*  persons  to  whom  Enter- 
tainment has  been  afforded  by  Taverners  &  others  as  afores**  the 
accounts  of  which  Shall  have  been  allowed  by  this  Court,  Each 
Several  List  whereof  Shall  Contain  all  y*  persons  belonging  to  one 
particular  Company  who  have  been  Entertain'd  as  afores''  and  Shall 
also  Express  y*  whole  amount  of  all  y*  Entertainm'  allowed  in  all 
s**  Taverners  Ace"  for  Each  &  Every  particular  person  Named  in 
s''  Lists.  and  that  &^  Lists  be  lodged  with  y*  province  Treas- 

urer, and  he  be  directed  to  retain  in  his  hands  out  of  the  sums  due 
to  Each  person  on  y*  rolls  of  Wages  and  Subsistance,  so  much  and 
No  more  as  Shall  appear  by  s'*  Com'**'  Lists  to  be  due  from  Each 
person  on  y*  ace"  of  s**  Taverners  &  others  in  order  to  discharge  y* 
Same 

And  further 

Voted  that  those  of  the  Two  thousand  Men  last  raised  for  the 
Crown  point  Expedition  that  were  Ordered  to  be  inlisted  or  drawn 
out  on  the  15"^  Sep'  last  that  went  by  Water  in  Col°  Thatcher's 
Eegim'  be  allowed  Subsistence  from  the  15''^  Sep""  until  the  time 
that  the  provisions  were  put  on  board  the  Vessels  they  went  in  to 
Albany,  &  those  officers  &  others  that  were  at  the  expence  of  Billet- 
ing the  s''  Soldiers  be  allowed  the  same,  they  first  presenting  their 
Ace"  to  the  Council  for  their  Examination  »&  allowance  as  aforesaid. 

Also  further 

Voted,  That  those  of  the  three  hundred  Men  impressed  that  were 
sent  to  Worcester  to  rendevouze  &  there  to  receive  Orders  to  March 
to  Crown  point  shall  be  allowed  their  Billeting  from  the  time  they 
Came  to  Worcester  until  they  marched  on  s*^  service,  &  y*  Offi[c]ers 
&  others  that  Billeted  s''  Soldiers  be  allowed  the  same  they  present- 
ing their  Accounts  to  the  Council  for  Examination  &  allowance  as 
afores'*. 

In  Council  Read  and  Concur'd  and 

Ordered  that  Samuel  Watts,  John  Chandler  and  William  Brattle 
Esq'^^  with  such  as  the  Hon'''*  House  shall  appoint  be  a  Committee 
for  the  purposes  within  mentioned 
In  the  House  of  Eep*' 

Eead  and  Concurred;  And  M'  Tyng,  Thomas  Greenwood  Esq' 
M'  Witt  &  M'  Will"'  Bowdoin  are  joined  in  the  Affair.  [Passed 
February  4, 


434 


Province  Laws  (Besolves,  etc.),  — 1755-56.  [Chaps.  257-259.] 


Legislative 
Records  of  the 
Council,  xxi., 
73. 

Mass. 
Archives, 
xliv.,  253-256. 
House  Jour- 
nal, pp.  303, 308, 
309,  352. 


CHAPTEK    257. 

ORDER  ALLOWING  £6.  16.  7  TO  SYLVESTER  RICHMOND. 

A  Memorial  of  Sylvester  Eichmond  Esq''  Sheriff  of  the  County 
of  Bristol  shewing  that  he  presented  to  the  Court  of  General  Ses- 
sions of  the  Peace  for  said  County  his  Account  of  Charge  in  remov- 
ing John  Webb  a  Criminal  from  the  Goal  in  that  County  to  the  Goal 
in  the  County  of  Middlesex,  but  the  said  Court  utterly  refused  Pay- 
ment thereof,  deeming  it  a  Province  Charge,  the  said  Webb  being  a 
common  Cheat;  Therefore  Praying  that  this  Court  would  give  Order 
for  the  Payment  of  said  Accompt  which  is  herewith  presented. 

Eead  & 

Ordered  that  there  be  allowed  &  paid  out  of  the  publick  Treas- 
ury the  Sum  of  Six  Pounds  sixteen  shillings  &  seven  pence  to  the 
Memorialist  Sylvester  Richmond  Esq''  in  full  discharge  of  the  Acco' 
exhibited  &  in  Consideration  of  his  Service  mentioned.  [Passed 
Felruary  4. 


CHAPTEK    258. 


Legislative 
Records  of  the 
Council,  xxi., 
75.    Mass. 
Archives, 
Ixxv.,  92. 

Mass. 
Archives, 
Ixxv.,  91. 
House  Jour- 
nal, pp.  306,  310. 


ORDER  ALLOWING  £6  TO  DAVID  POOR. 

A  Petition  of  David  Poor  late  a  Soldier  in  the  Expedition  ag^' 
Cape  Breton,  shewing  that  he  therein  received  a  Wound  in  his 
Shoulder,  which  is  now  so  bad  as  to  disable  him  from  Labour, 
Praying  that  this  Court  would  allow  him  something  for  his  Main- 
tenance : 

Read  & 

Ordered  That  there  be  allowed  &  paid  out  of  the  Public  Treasury 
to  the  Petitioner  David  Poor,  the  Sum  of  Six  Pounds  in  Considera- 
tion of  his  Sufferings  mentioned.     \^Passed  February  5. 


CHAPTER    259. 


Legislative 
Records  of  the 
Council,  xxi., 
63,76. 

House  Jour- 
nal, pp.  291, 315. 


ORDER  IMPOWERING  THOMAS  HANCOCK,  ESQ^  TO  FILE  A  COMPLAINT. 

A  Petition  of  Thomas  Hancock  of  Boston  Esq""  shewing  that  at 
the  Inferiour  Court  of  Common  Pleas  held  at  Boston  in  July  last 
he  recovered  Judgm'  against  Samuel  Blogget  for  £17.5.8  &  Costs; 
from  which  Judgment  he  appealed  to  the  Sup'  Court  but  never 
prosecuted  the  Appeal;  and  for  as  much  as  the  Pet"^^  Attorney  for- 
got to  file  a  Complaint  against  the  said  Blogget,  praying  that  it 
may  be  allowed  the  next  term : 

Read  &  it  appearing  that  Samuel  Blogget  the  adverse  Party  hath 
been  served  with  a  Copy  of  this  Petition;  but  hath  given  no  Answer 
thereto 

Ordered  that  the  Prayer  of  the  Pet"  be  granted,  And  the  Pef  is 
allowed  to  file  his  Complaint  in  said  Court;  And  the  Justices  of  the 
said  Court  are  impowered  to  receive  the  same,  affirm  the  Judgment 
within  mentioned  &  award  Execution  pursuant  to  Law.  \^Passed 
February  5. 


[4th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1755-56.  435 

CHAPTER    260. 

ORDER  ALLOWING   £114.  7.  10^  TO  CHARLES  GOODRICH. 

A  Petition  of  Charles  Goodrich  of  Pontoosuck  in  the  County  Legislative 
of  Hampshire,  setting  forth  that  in  October  last  he  billetted  many  c^unc'if  xii.*^^ 
of  the  Connecticut  Soldiers,  who  were  sent  for  their  Protection  &  sl 


assisted  in  building  a  Place  of  Strength  for  their  Defence,  for  which  House  Jour- 
he  has  not  as  yet  received  any  pay,  Therefore  Praying  that  he  may  m'^5n<e!'^*'^' 
be  allowed  for  the  same  according  to  the  Accounts  herewith  exhibited :  \^^^'  '^^^'^' 

Eead  & 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury 
to  Charles  Goodrich  the  further  Sum  of  One  hundred  «&  fourteen 
Pounds  seven  shillings  &  ten  pence  half  penny  in  discharge  of  the 
within  Acco'.     \^Passed  February  9. 


CHAPTER    261. 

ORDER  ALLOWING  £4  TO  HENRY  WESSON. 


A  Petition  of  Henry  Wesson  of  Boston,  a  Soldier  in  the  late  Legislative 
Expedition   ag"   Crown   Point,    shewing   that   he   was   grievously  counclf  xx^^ 
wounded  in  the  Thigh,  which  has  put  him  to  great  Charge  &  S3.  Mass.' 
rendred  him   unable   for   Labour,   praying   for   Keleif  from   this  i^^y!^^!.' 

Oourt.  House  Jour- 

Eead  and  na],pp.307,323. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  Public  Treas- 
ury the  Sum  of  Four  Pounds  to  the  Petitioner  in  Consideration  of 
his  Sufferings  herein  mentioned.     [Passed  February  11. 


CHAPTER    262. 

ORDER  IMPOWERING  JOHN  FOSTER    TO    RECOGNIZE    AS    RETAILER    OF 

STRONG  DRINK. 

A  Petition  of  John  Foster  of  Manchester,  shewing  that  he  is  Legislative 
licenced  by  the  Court  of  General  Sessions  of  the  Peace  for  the  councff  xxi!^^ 
County  of  Essex,  to  be  a  Eetailer  of  Spirituous  Liquors  for  the  85.  Mass. 
present  Year;  but  thro  his  Ignorance  lapsed  the  Time  for  giv^  -m.   ^®^'*^^  •' 
Bond;  Praying  that  the  Clerk  of  said  Court  may  be  impowered  m^^^I 
to  take  Kecognizance  of  him  for  the  said  Purpose :  ^r'^Hous'e^''' 

Eead  and  Journal,  p.  321. 

Ordered  That  the  Prayer  of  this  Petition  be  granted ;  and  That 
the  Clerk  of  the  Court  of  General  Sessions  of  the  peace  for  the 
County  of  Essex  be  and  he  hereby  is  impowered  to  take  recogni- 
zance of  the  Petitioner  in  Manner  as  is  by  Law  directed  for  paying 
his  Excise  and  keeping  good  Order  as  a  retailer  of  Spirit^  Liquors 
in  S"^  Town  the  Time  for  entering  into  recognizance  for  that  pur- 
pose by  Law  prescribed,  being  elapsed  notwithstanding.  \_Passed 
February  11.^ 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  February  12. 


436 


Province  Laws  (^Besolves,  etc.).  — 1755-56.  [Chaps.  263-265.] 


Legislative 
Records  of  the 
Council,  xxi., 
85.    M{188. 
Archives,  cxi., 
364. 

Mass. 

Archives,  cxi., 
363.    House 
Journal,  p.  324. 


CHAPTEK    263. 

ORDER  GRANTING  TO  FRANCIS  STURTIVANT  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Francis  Sturtivant  of  Bridgwater  in  the  County 
of  Plymouth  shewing  that  for  many  Years  he  has  been  an  Innholder 
in  the  said  Town ;  but  at  the  last  Term  for  renewing  Licences  at  the 
Court  of  General  Sessions  of  the  Peace,  he  was  necessarily  prevented 
giving  Attendance,  Therefore  Praying  that  the  said  Court  may  be 
impowered  to  renew  his  Licence  at  their  next  Term : 

Eead  And 

Ordered,  That  the  Justices  of  the  Court  of  General  Sessions  of 
the  Peace  for  the  County  of  Plymouth  be.  and  hereby  are  impow- 
ered to  grant,  at  their  next  Term,  (if  they  See  fitt)  a  Licence  to 
the  Petitioner  to  be  an  Innholder  in  the  Town  of  Bridgwater,  he 
first  Obtaining  the  Approbation  of  the  Select  Men  of  said  Town, 
the  Time  for  granting  Licences  being  elapsed  notwithstanding. 
\^Passed  February  11.^ 


CHAPTER    264. 


Legislative 
Records  of  the 
Council,  xxi., 

84. 

Mass. 

Archives,  xix., 
361.    House 
Journal,  p.  327. 
Province 
Laws,  11.,  151, 
chap.  10. 


ORDER  IMPOWERING  JOS.  ALLEN,  EXECUTOR,  TO  SELL   REAL    ESTATE. 

A  Petition  of  Joseph  Allen  Executor  of  the  last  Will  •&  Testa- 
ment of  Benj*  Warren  late  of  Hard  wick  dec*^  setting  forth  that  the 
Real  Estate  of  the  said  Benjamin  is  under  such  Circumstances  as 
that  it  would  be  much  for  the  Advantage  of  the  Widow  &  Children 
to  have  it  sold,  &  therefore  praying  for  Liberty  to  sell  the  same 
accordingly : 

Read  & 

Ordered  that  the  Prayer  of  this  Petition  be  granted  &  that  the 
Pet'  in  his  said  Capacity  be  &  hereby  is  impowered  to  make  Sale 
of  the  Estate  within  mentioned,  and  to  make  &  execute  a  good 
Deed  or  Deeds  in  the  Law  of  the  same.  He  observing  the  Rules  in 
the  Law  respecting  Real  Estates  by  Administ"  and  giving  sufficient 
Caution  to  the  Judge  of  Probate  for  the  Application  of  the  Money 
arising  by  said  Sale,  as  is  within  mentioned.    \Pa8sed  February  12. 


CHAPTER    265. 


Legislative 
Records  of  the 
Council,  xxi., 
86.    Mass. 
Archives, 
Ixxv.,  94. 

House  Jour- 
nal, pp.  325, 326. 


ORDER  ALLOWING   £4  AND  A  FURTHER    SUM    OF    £6.  3.  11    TO    JUDAH 

CLARK. 

A  Petition  of  Judah  Clark  of  Harvard  a  Soldier  in  the  late 
Expedition  ag**  Crown  Point,  shewing  that  he  was  so  wounded  in 
the  Battle  at  Lake  George,  as  to  be  render'd  unable  to  Labour,  & 
has  been  put  to  much  Charge  for  Doctors  &c*  praying  for  a  Reim- 
bursement of  his  said  Charge  &  other  Releif  from  this  Court. 

Read  and 

Ordered,  That  there  be  allowed  and  paid  out  of  the  Public  Treas- 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  February  12. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  tiST 

ury  to  the  Pef  the  Sum  of  four  pounds  in  Consideration  of  his  Suf- 
ferings mentioned,  And  Also  the  Sum  of  Six  pounds  three  shillings 
&  eleven  pence  in  full  of  his  Acco*  for  Doctors,  Attendance  &  Ex- 
pence  in  geting  home,  herewith  Exhibited.     \^Passed  February  12.^ 


CHAPTEE    266. 

ORDER  IMPOWERING  NATHi-  &  GEO.  BETHUNE  TO  EXPORT  PROVISIONS 
TO  NEWFOUNDLAND. 

A  Memorial  of  Nathaniel  &  George  Bethune  of  Boston  Merch*'  Legislative 
shewing  that  they  are  fitting  out  for  Newfoundland  the  Brigantine  councif,  xxi,*' 
Mermaid  John  Tozer  Master,  and  praying  that  they  may  be  allowed  ^rcWves^LYv 
to  ship  in  her  One  hundred  &  twenty  Barrells  of  Provisions  for  the  i8-2. 
Use  of  his  Majesty's  Garrison  there;  Masa. 

TJpflf]   nnrl  Archives,  Ixv., 

nedu  anu  jg^     House 

Ordered,  That  the  prayer  of  this  Petition  be  granted ;  and  that  Journal,  p.  326. 
the  Pet"  have  Liberty  to  ship  the  Provisions  Mentioned  on  board  Laws,  in.,  950, 
the  Brig''  Mermaid,  and  y'  the  Commissioner  of  Impost  be  and  p^lyb.^iap! 
hereby  is  impowered  And  directed  to  take  bond  of  One  thousand  '^^l 
pounds  Sterling  of  the  Petitioners  for  landing  the  same  at  New- 
foundland; And  That  y®  cheif  Officer  of  s**  Vessel  at  his  return 
make  oath  that  the  said  provisions  were  actually  landed  there.  And 
on  his  taking  the  S*^  oath  the  s*^  Bonds  to  be  Cancelled.     [^Passed 
February  12.^ 


CHAPTER    267. 

ORDER  allowing  £80  TO  THE  PROVINCE   TREASURER. 

A  Memorial  of  Harrison  Gray  Esq"^  Treasurer  of  this  Province,  Legislative 
Setting  forth  the  great  Increase  of  Business  in  his  Office,  by  reason  councif  xxi^^ 
of  the  late  Expeditions  &  the  greatness  of  his  Care,  Labour  &  Ex-  se.  Mass. 
pence  therein,  Praying  that  this  Court  would  make  him  such  Allow-  ^^^'^'^e^- <=*"•' 
ance  as  they  shall  judge  reasonable:  m^^^^^ 

Eead  and  ^s^^^^House"'* 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas-  Journal, 
ury  to  the  Memorialist  Harrison  Gray  Esq'  the  Sum  of  Eighty  ^P"  ^^'  ^^^" 
Pounds,  in  Consideration  of  his  Extraordinary  services  Mentioned. 
\^Passed  February  13. 


CHAPTER    268. 

VOTE  ALLOWING  TRAVELING  EXPENSES  AND  SUBSISTENCE  TO  S0LD«8 
IMPRESSED  AND  VOTE  IN  REGARD  TO  MONEY  ADVANCED  BY  CAP- 
TAINS. 

Voted  That  Whenever  the  Captain  General  or  Commander  in  Legislative 
Cheif,  Shall  give  orders  to  the  Colonels  of  the  Several  Eegiments  goSncff, xxi.f 
to  impress  any  number  of  men  for  the  frontiers,  that  there  be  87.  Mass. 
allowed  to  each  Soldier  so  impressed  that  shall  travel  by  land  Six-  bfxv.%5!' 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  February  13. 


438 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  269,  270.] 


House  Jour- 
nal, pp.  145, 330. 


teen  pence  f>  diem  for  his  Subsistance,  from  the  day  he  shall  Set 
Out  from  his  own  Habitation,  until  He  arrive  at  the  place  to  which 
he  is  designed,  or  until  he  Receive  Subsistance  from  Some  of  the 
Goverments  Commissaries,  fifteen  miles  to  be  Accounted  a  days 
Travel, 

And  Whereas  Several  Captains  have  already  Supply'd  their 
men  Impres'd  in  year  past  for  which  they  have  had  no  Allow- 
ance, Therefore 

Voted,  That  such  Captains  as  have  already  Impress'd  any  men 
and  Supplyed  them  with  money,  &  Such  Captains  as  shall  here- 
after Impress  any  men  &  Supply  them  with  money  for  their  travel 
shall  Exhibit  a  particular  Accounte  thereof  to  their  respective  Colo- 
nels who  are  hereby  directed  to  transmit  them  to  the  Governour  & 
Council,  in  order  to  their  receiving  a  Warrant  on  the  Treasury  for 
the  Several  Sums  they  shall  have  so  advanced.    \^Passed  February  13. 


CHAPTER    269. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE   APPOINTED    TO    CONFER 
WITH   CONNECTICUT  COMMISS^^, 


Legislative 
Records  of  the 
Council,  xxi., 
89.    Mass. 
Archives,  vi., 
216.      

Legislative 

Records  of  the 

Council,  xxi., 

81.    House 

Journal, 

pp.  322, 323, 325, 

328. 


The  Committee  appointed  to  confer  with  the  Commissioners 
from  the  Government  of  Connecticut  have  attended  that  part  of 
the  Service  which  relates  to  the  Operations  proposed  for  the  next 
Summer,  and  they  humbly  report  as  their  Opinion  that  it  is  incum- 
bent on  the  Government  of  this  Province,  in  Conjunction  with  his 
Majestys  other  Colonies  to  prosecute  further  Measures  the  ensuing 
Year,  for  removing  the  Encroachments  made  by  the  French  at  Crown 
Point,  and  in  the  Country  adjacent;  but  the  Committee  are  further 
of  Opinion  that  it  is  absolutely  necessary  that  Measures  should  be 
first  taken  to  obtain  Moneys  for  the  Payment  of  the  Soldiers  that 
were  employed  the  last  Year,  and  also  for  making  Preperations  for 
a  new  Enlistment.  With  respect  to  the  billeting  the  Connecticut 
Soldiers  that  are  occasionally  sent  to  the  Frontiers  the  Committee 
desire  to  sit  again : 

Which  is  humbly  submitted         Per  Order         W  Pepperell. 

Read  and 

Ordered,  That  this  report  be  Accepted.     \^Passed  February  13.' 


CHAPTER    270. 


Legislative 
Records  of  the 
Council,  xxi., 

88.  Mass. 
Archives, 
Ixxv.,  104. 

House  Jour- 
nal, pp.  328, 333. 


ORDER  ALLOWING  £7.  14.  10  TO  JONATH"  BARNEY,  ADM". 

A  Petition  of  Jonathan  Barney  Administrator  of  the  Estate  of 
James  Hodges  late  of  Taunton  dec*^  shewing  that  the  said  James 
enlisted  in  the  late  Expedition  against  Crown  Point,  and  upon  his 
Return  home  was  taken  sick  &  died,  Praying  for  Allowance  of  the 
charge  of  his  sickness  &c* 

Read  and 

Ordered  That  there  be  allowed  &  paid  out  of  y^  Public  Treasury 

1  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  February  14. 


[4th  Sess.]     Province  Laws  (i2eso?ves,  e^c).  — 1755-56.  439 

to  the  Petitioner  in  his  Said  Capacity  the  Sum  of  Seven  Pounds 
fourteen  Shillings  And  ten  pence  in  full  discharge  of  the  Accounts 
Annexed.     [Passed  February  14. 


CHAPTEK    271. 

ORDER  ALLOWING  £5  TO  NATHAN  THOMPSON. 

A  Petition  of  Nathan  Thompson  a  Soldier  in  the  late  Expedi-  g®^^^|f"'^f .^ 
tion  against  Crown  Point,  setting  forth  his  Sufferings  by  Reason  council,  xxi., 
of  Wounds  received  from  the  Enemy,  Praying  for  Releif  from  this  ArcMveT' 

Court.  IxxY.,  96.' 

Eead  and  .  Mass. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  Public  Treas-  4x^v.7%.' 
ury  to  the  Petitioner  Nathan  Thompson,  the  Sum  of  five  Pounds  ^aTpp'327^333 
for  his  present  relief  under  his  Sufferings  mentioned.     [Passed 
February  14. 


CHAPTER    272. 

ORDER  IMPOWERING   JOHN  PHILLIPS  TO  EXPORT  PROVISIONS  TO  BAY 

OF  HONDURAS. 

A  Memorial  of  John  Phillips  of  Boston  Merch*  shewing  that  he  Legislative 
is  fitting  out  the  Brigantine  Abigail  John  Atwood  Master  for  the  c^Sncff  ^ll\f^ 
Bay  of  Honduras,  and  praying  that  he  may  be  allowed  to  transport  9i.  Mass." 
in  the  said  Vessel  Fifty  Barrells  of  Beef,  and  thirty  Barrells  of  ^g^f^^^^^-i^^- 
Flour  for  the  Use  of  the  Inhabitants  there.  houbc  Jour. 

Eead  and  ^ai,  p.  334. 

JrroviiicG 

Ordered  That  the  prayer  of  this  Pet°  be  so  far  granted  as  that  Laws,  111.,  950, 
the  Pef  be  and  hereby  is  allowed  to  ship  the  Provisions  abovemen-  p^l^,  ^hap! 
tioned  for  the  Bay  of  Hondoras  in  the  said  Vessell  provided  he  give  ^ei. 
bond  in  One  Thousand  pounds  sterling  to  land  the  same  there  and 
upon  the  Master  or  Chief  Officer  of  s*^  vessell  making  Oath  (after 
her  Return)  that  the  Provisions  have  been  so  landed  the  said  Bond 
shall  be  Cancelled.     [Passed  February  14. 


CHAPTER    273. 

ORDER  DIRECTING  THE    COMMISS'^  AT    ALBANY    NOT    TO    SELL    PROVI-  Legislative 

SIONS.  Records  of  the 

Council,  xxl., 
91.    Mass. 

Ordered,  That  the  Com**®  of  War  be  directed  to  send  an  Express  ^^'^^\^^' 

forthwith  to  M""  Emerson  Commissary  at  Albany  to  Stay  all  pro-  r~TTTr 

ceedings  as  to  the  Sale  of  any  kind  of  Provisions  now  in  his  hands  Records ^of^ the 
belonging  to  the  Province,  till  the  further  Orders  of  this  Court.  ^oT^Hou^e'' 
[Passed  February  14.^  Journal, p. 336. 

■-  ^  Ante,  p.  296, 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis-  ^  ^^' 
lative  Records  of  the  Council  the  date  is  February  16. 


MO 


Province  Laws  (Resolves,  etc.).  — 1755-56.  [Chaps.  274,  275.] 


CHAPTEK    274. 


Legislative 
Records  of  the 
Council,  xxi., 
93.    Mass. 
Archives, 
Ixxv.,  112. 

Mass. 
Archives, 
Ixxv.,  111. 

Legislative 
Records  of  the 
Council,  xxi., 
91.    House 
Journal,  p.  338. 


ORDER  ACCEPTING  REPORt  OF  A  PLAN  FOR  THE  PROPOSED  EXPED** 
AGAINST  CROWN  POINT. 

The  Committee  appointed  to  prepare  a  Plan  of  Operation  for 
carrying  on  the  Expedition  to  remove  the  Encroachments  made  by 
the  French  on  his  Majesty's  Territories  at  or  near  Crown  Point  into 
Execution,  beg  Leave  to  report  that  it  is  their  Opinion  that  tliis 
Government  raise  by  Inlistment,  Three  Thousand  Soldiers,  Exclu- 
sive of  Commission  Officers,  for  this  Expedition,  towards  Nine  Thou- 
sand, to  be  raised  in  the  Governments  of  the  Massachusetts  Bay, 
Connecticut,  New  Hampshire,  Ehode  Island,  &  New  York,  depend- 
ing that  each  of  the  four  last  mentioned  Governments  will  furnish 
its  Proportion,  together  with  these  Three  Thousand  to  compleat 
the  said  Number;  And  that  such  Forces  as  shall  be  raised  for  this 
Purpose  by  the  Governments  Southward  of  New  York  shall  be  con- 
sidered as  Additional  to  these  Nine  Thousand;  and  that  the  Forces 
of  this  Government  shall  not  be  compelled  to  march  Southward  of 
Albany  or  Westward  of  Schenectady,  and  that  they  shall  be  dis- 
charged as  soon  as  the  Expedition  shall  be  finished,  or  at  farthest 
within  a  Year  after  their  Enlistment :  Which  is  humbly  sub- 

mitted: Per  Order  of  the  Com**®  J.  Chandler. 


Eead  & 

Ordered  that  this  Report  be  accepted. 


[Passed  Fehr^iary  16. 


CHAPTER    275. 


Legislative 
Records  of  the 
Council,  xxi., 
93.    Mass. 
Archives, 
Ixxv.,  120. 

Legislative 
Records  of  the 
Council,  XX., 
391;  xxi.,  63. 
House  Jour- 
nal, pp.  182, 290, 
340,  341. 


ORDER  IN  REGARD   TO  THE  MAKING  UP  OF    MUSTER   ROLLS   OF    COM- 
PANIES IN  THE  LATE   CROWN  POINT  EXPEDITION. 

Ordered  that  the  Captains  or  chief  Officers  of  the  several  Com- 
panies in  the  late  Crown  point  Expedition  in  making  up  their  Muster 
Eolls,  carry  out  the  Wages  of  each  Non  Commission  Officer  and  Sol- 
dier born  on  their  respective  Rolls  from  the  time  of  their  several 
Enlistments  (except  the  Minute  Men  (so  called)  in  the  late  CoP 
Samuel  Willard's  Regiment,  which  shall  be  from  the  date  of  their 
respective  Captains  Commission)  and  until  they  left  the  Army  by 
Dismission  or  Furlough,  and  until  their  return  home  allowing  Fif- 
teen Miles  for  a  days  travel.  And  that  those  that  were  impressed  or 
Enlisted  and  did  not  go  in  Said  Expedition,  and  those  who  Deserted 
to  have  no  Allowance  made  them  in  the  Muster  Rolls. 

That  there  be  allowed  Wages  to  each  Captain  or  chief  officer  of 
the  several  Companies  in  said  Expedition  Fifteen  days  after  his  return 
home  for  the  making  up  their  respective  Muster  Rolls  and  Obtaining 
an  Order  thereon  also  for  his  Travel  to  Boston  in  order  to  lay  his 
Muster  Roll  before  the  Governour  &  Council,  allowing  Twenty  Miles 
for  a  Days  Travel,  and  in  making  up  the  same  that  they  charge  those 
that  have  received  Fire  Arms,  Bayonets  and  Drums  unless  they  have 
or  shall  return  them,  or  are  unavoidably  lost. 

And  that  the  Commission  Officers  except  such  as  shall  make  up 
the  Rolls  aforesaid  shall  be  allowed  Wages  from  the  Date  of  their 
respective  Commissions  until  they  left  the  Army,  and  until  their 
return  home  allowing  Fifteen  Miles  for  a  Days  travel. 


[4th  Sess,]     Province  Laws  (Hesolves,  etc.).  — 1755-56.  4A1 

And  it  is  further 

Ordered  that  the  Treasurer  retain  in  the  Treasury  the  Wages  of 
every  Captain  or  other  Officer  who  has  received  Money  for  Bounty, 
Billeting  or  Advance  Wages,  until  such  Officer  shall  have  rendred 
an  Account  thereof  and  the  same  be  allowed,  and  any  Sum  that 
may  remain  due  be  repaid.     [Passed  February  17. 


CHAPTER    276. 


ORDER  ALLOWING  £4  TO  ROBERT  DUE. 


A  Petition  of  Eobert  Due  setting  forth  his  Sufferings  &  Expences  Legislative 
by  Sickness,  while  he  was  a  Soldier  in  the  public  Service  in  the  East-  coSmJif,  xxil'f 
ern  Frontiers,  Praying  for  some  proper  Allowance  therefor  by  this  ^s.  Mass. 

C.  ArCIllVGSj 

ourt.  ixxv.,  109. 


Eead  and  Mass. 

Ordered,  That  there  be  allowed  &  paid  out  of  the  public  Treasury  ^^^v^^ws 
to  the  Pef  Eobert  Due  the  Sum  of  Four  Pounds  in  full  Considera-  House  Jonr-^_ 
tion  of  his  Services  &  Sufferings  mentioned.     [Passed  February  17.'  ^|^>pp-334,33o, 


CHAPTER    27T. 

ORDER  GRANTING  TO  SAMUEL  RICE  AND  OTHERS  EIGHT  SOLDIERS  FOR 
PROTECTION  IN  THEIR  FARMING  OPERATIONS. 

A  Petition  of  Samuel  Eice  a  Proprietor  &  Inhabitant  of  the  Legislative 
Plantation  called  Charlemont  on  the  Western  Frontiers  of  this  coumjif  xx*l ^ 
Province,  shewing  that  he  together  with  his  Bretheren  are  will-  as.  Mass. 
ing  to  be  at  the  Charge  of  erecting  a  suitable  Fortification  round  ixxv.76l 
their  Houses  there,  Provided  they  be  allowed  a  proper  Number  of  m^^^; 
Soldiers  to  defend  it;  Praying  that  such  a  Garrison  may  be  allowed,  ^^^v'^elf* 

Eead  and  House  Jour- 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted,  as  "'*i>pp-329,339. 
That  the  Pef  and  his  Brethren  (on  their  making  proper  provision 
for  their  Safety  and  their  Billeting)  be  Allowed  Eight  Soldiers  in 
the  Summer  Season,  to  protect  them  in  their  Husbandry,  &  for  the 
Safety  &  Entertainment  of  Such  of  his  Majesty's  Subjects  as  shall 
be  imploied  in  the  Service  of  the  Province,  which  will  require  their 
travelling  from  Deerfield  to  Fort  Massachusetts  &c.  [Passed  Feb- 
ruary 17.' 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  February  18. 


442 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  278-280.] 


MasB. 
Archives,  cix., 

228. 

Legislative 
Records  of  the 
Council,  xxi., 
90,  91,  92. 
House  Jour- 
nal,pp.341,342. 


CHAPTEE    278. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  IN   REGARD    TO    MEN    EN- 
LISTING FOR  THE  PROPOSED   CROWN  POINT  EXPEDITION. 

The  Committee  appointed  further  to  consider  his  Excellencys 
message  relating  to  a  proposed  Expedition  against  Crown  point 
humbly  report 

That  there  be  granted  to  every  man  that  shall  enlist  before  the  20 
day  of  March  a  bounty  or  encouragement  of  six  Dollars  &  a  blanket 

That  such  men  as  were  in  the  last  expedition  &  shall  enlist  anew 
over  &  above  the  encouragement  aforesaid  shall  be  allowed  half  wages 
from  the  17  day  of  December  when  the  pay  of  the  last  army  ceased. 

That  the  same  wages  be  allowed  to  Officers  &  men  as  in  the  last 
Expedition  &  that  half  a  Dollar  for  each  Man  be  allowed  to  the 
Officers  for  the  expence  &  trouble  of  enlisting  &  that  his  Excellency 
be  desired  to  issue  a  Proclamation  promising  the  encouragement 
aforesaid.  And  the  Committee  desire  leave  to  sit  again  Which 

is  humbly  submitted 

^  order  of  y^  Com***®  John  Chandler 

Eead  and 

Ordered  That  this  report  be  Accepted.     [^Passed  February  18. 


CHAPTER    279. 


Legislative 
Records  of  the 
Council,  xxl., 
95.    Mass. 
Archives,  cxx., 
79^^ 

Mass. 

Archives,  cxx., 
77.    House 
Journal,  p.  342. 
Ante,  p.  373, 
chap.  112. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EXCISE 
ON  TEA,  COFFEE,  &c  FOR  THE  COUNTY  OF  WORCESTER  AND  ALLOW- 
ING 14/  FOR  THE  EXPENSE  THEREOF. 

The  Committee  for  letting  out  to  farm  the  Excise  on  Coffee, 
Tea  &c*  for  the  County  of  Worcester,  reported  that  they  had  let 
out  the  same  to  Col.  Moses  Mercy  for  the  Sum  of  Four  Pounds 
four  shillings  &  had  taken  his  Bond  w*^  Sureties  and  lodged  it  in 
the  Province  Treasury,  their  Expence  in  transacting  the  said  Affair 
being  Fourteen  shillings 

Read  and 

Ordered  That  this  report  be  Accepted ;  and  there  be  allowed  and 
paid  out  of  the  public  Treasury  the  Sum  of  fourteen  shillings  to 
the  said  Com*^^  in  Discharge  of  their  Acc°  of  Time  &  Expense 
exhibited.     \^Passed  February  18. 


CHAPTER    280. 


Legislative 
Records  of  the 
Council,  xxi., 
95.    Mass. 
Archives, 
Ixxv.,  123. 

House  Jour- 
nal, p.  343. 
Province 
Laws,  ill.,  949, 
note.    Stipra, 
chap.  278. 


VOTE  EXEMPT^  OFFICERS  &  SOLD^s  IN  THE  PROPOSED   CROWN   POINT 
EXPEDITION  FROM  THE  POLL  TAX. 

Voted,  That  such  Officers  and  Soldiers  as  shall  go  into  his  Maj- 
esty's Service  in  the  proposed  Expedition  against  Crown  Point  shall 
not  be  taxed  for  their  Polls  the  present  Year ;  and  That  the  several 
Towns  which  shall  furnish  such  Officers  and  Soldiers  shall  receive 
out  of  the  Public  Treasury  an  Equivalent  thereto.  And  That  public 
Notice  hereof  be  given  Accordingly.     {Passed  February  18. 


[4th  Sess.]     Province  Laws  (Besolves,  etc).  — 1755-56.  443 

CHAPTER    281. 

ORDER  ALLOWING  3/  PER  DIEM  TO  THE  SPEAK". 

Ordered  That  there  be  granted  &  allowed  to  be  paid  out  of  the  Legislative 
public  Treasury  the  Sum  of  three  Shillings  $>  Diem  to  the  Hon^'^  c^uncff  xxi*"* 
Tho^  Hubbard  Esq'  Speaker  of  the  House  for  every  day  of  his  sa-   Mass.' 
Attendance  in  the  General  Court  from  the  Opening  of  the  Ses-  xux^.'lss! 
sion  on  the  28*^  of  May  1755,  over  and  above  his  pay  as  a  Member  House  Jour- 
of  the  House.     \_Passed  February  18.^  nai,  p.254. 


CHAPTER    282. 

VOTE  APPOINTING  A  COMt^e  OF  WAR  FOR  THE  PROPOSED  CROWN  POINT 

EXPEDITION. 

In  the  House  of    Rep^  Legislative 

Voted,  That  there  be  a  Com*®®  consisting  of  five  persons  appointed  council^  xxl,^ 
to  provide  Provisions,  Warlike  stores  and  all  other  things  requisite  Archfve^s*' 
for  carrying  on  the  proposed  Expedition  against  Crown-point,  so  ixxv.,  127. 
far  as  may  be  necessary  on  the  part  of  this  Governm*  House  Jour- 

And  That  M'  Speaker,  M'  James  Russell  &  Stephen  Hall  Esq'  m'^^rSe' 
with  such  as  the  Hon**'®  Board  shall  join  be  the  Said  Com'*®  any  ^o^^'*"-'^^* 
three  of  whom  to  be  a  Quorum. 
In  Council 

Read  and  Concurr'd  and  John  Osborne  and  Sam^  "Watts  Esq"  are 
join'd  in  the  affair.     \^Passed  February  19. 


CHAPTER    283. 

ORDER  ALLOWING  £40  TO  THE   CHIEF  JUSTICE. 

Ordered,  That  the  Sum  of  Forty  Pounds  be  granted  and  paid  out  Legislative 
of  the  Public  Treasury  to  the  Hon^'®  Stephen  Sewall  Esq^  in  Con-  councff. xxi!!^ 
sideration  of  his  faithful  discharge  of  the  important  Trust  reposed  ArcWve^^' 
in  him  as  Chief  Justice,  and  for  his  further  Encouragem'  therein,  xiiv.,  260.' 

{Passed  February  19.  House  Jour- 

nal, pp.  344, 348. 


CHAPTER    284.  ^ 

ORDER  ALLOWING  £250  TO  THE  PRESID^  OF  HARVARD   COLLEGE. 

Ordered;  That  the  sum  of  Two  hundred  and  fifty  Pounds  be  Legislative 
granted  and  Allowed  to  be  paid  out  of  the  Public  Treasury  to  the  counc'if  xii^^ 
Rev"^  M'  Edward  Holyoke,  President  of  Harvard  College  in  Cam-  96.  Mass. 
bridge  over  and  Above  the  Rents  of  Massachusetts-Hall  for  one  Miil'/Ils.' 
year,  ending  the  tenth  day  of  Septemb""  next,  to  be  paid  quarterly.  House  Jour- 
\^Passed  February  19.  nai,pp.344,348. 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  February  20. 


4.4A 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  285-288.] 


Legislative 
Records  of  the 
Council,  xxi., 
97. 

House  Jour- 
nal, pp.  345, 346. 


CHAPTEE    285. 

ORDER  ALLOWING   £84  TO  CHARLES  GOODRICH. 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury 
to  Charles  Goodrich  the  Sum  of  Eighty  Pounds  in  full  Discharge 
of  his  Accompt  of  billeting  Sixteen  Men  at  Pontoosuck  from  the 
9'''  of  May  to  the  8"^  of  September  in  the  Year  1755.  [Passed 
February  19. 


CHAPTER    286. 


ORDER  ALLOWING   £750  TO  THE  JUDGES. 


Legislative 
Records  of  the 
Council,  xxi., 
97.    Mass. 
Archives, 
xliv.,259. 

House  Jour- 
nal, pp.  344, 348. 


Ordered,  That  the  Sum  of  Seven  hundred  &  fifty  Pounds  be 
granted  and  paid  out  of  the  Public  Treasury  to  the  Hon'''^  Jus- 
tices of  the  Superior  Court  of  Judicature,  Court  of  Assize  And 
General  Goal  Delivery  for  their  Service  for  one  year,  ending  the 
first  day  of  January  last.     [Passed  February  19. 


CHAPTER    287. 

ORDER    GRANTING    TO    JOSIAH    CHEVER    LICENCE    TO    SELL    STRONG 

DRINK. 


Legislative 
Records  of  the 
Council,  xxi., 
97.    Mass. 
Archives,  cxx., 
81. 

Mass. 

Archives,  cxx., 
80.    House 
Journal,  p.  348. 


A  Petition  of  Josiah  Chever  of  Glocester  Trader,  praying  that 
this  Court  would  impower  the  Court  of  General  Sessions  of  the 
Peace  for  the  County  of  Essex  at  their  next  Term  to  grant  the 
Pef  a  Licence  to  retail  strong  Liquors  in  y^  s*^  Town. 

Eead  & 

Ordered  That  the  Prayer  of  this  Petition  be  granted ;  And  That 
the  Justices  of  the  Court  of  General  Sessions  of  the  Peace  for  the 
County  of  Essex,  be  and  hereby  are  impowered  to  Licence  the  Pef 
(if  they  see  fitt)  to  be  a  retailer  of  Spirituous  Liquors  in  the  Town 
of  Glocester  he  producing  the  approbation  of  the  Select  Men  of  Said 
Town,  the  time  for  granting  Licences  being  elapsed  Notwithstand- 
ing.    [Passed  February  19. 


CHAPTER    288. 


Legislative 
Records  of  the 
Council,  xxi., 
119.    Mass. 
Archives,  cxi., 
368. 

Mass. 

Archives,  cxi., 
367.    House 
Journal,  p.  346. 


ORDER  GRANTING  TO  ELIZABETH  RICE  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Elizabeth  Kice  Widow  of  Aaron  Eice  late  of 
Eutland  Inn-holder  dec*^  shewing  that  her  said  Husband  engaged 
in  the  late  Expedition  against  Crown  Point,  and  died  before  his 
Eeturn,  having  left  a  sufficiency  of  Liquors  and  other  Things 
necessary  for  an  Inn  in  his  House,  and  therefore  praying  that 
the  Court  of  General  Sessions  of  the  Peace  may  be  impowered 
to  licence  the  Pet"^  to  keep  the  said  Inn. 

Eead  and 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  -445 

Ordered,  That  the  prayer  of  this  Petition  be  so  far  granted  as 
that  the  Justices  of  the  Court  of  Gen^  sessions  of  the  Peace  for 
the  County  of  Worcester  be  and  hereby  are  impowered  at  their 
next  Term  to  grant  (if  they  See  fit)  to  the  Petitioner  a  Licence 
to  keep  an  house  of  public  Entertainm*  in  y^  Town  of  Rutland, 
She  first  Obtaining  the  Approbation  of  the  Select  Men  of  said 
Town,  the  time  for  granting  Licences  being  Elapsed  Notwithstand- 
ing.    \^Passed  February  19.^ 


CHAPTER    289. 

VOTE  IN   REGARD    TO    PAYMENT    OF    ALLOWANCE    ON    MUSTER    ROLLS 
FOR  SOLDIERS  SUBSISTENCE. 


Voted,  That  the  Treasurer  be  directed  in  paying  off  the  Muster-  Legislative 
Rolls  for  the  late  Crown-point  Expedition  to  suspend  paying  the  coundf.xli!]^ 
last  Column  of  the  said  Rolls  containing  the  allowance  to  y®  Sol-  ^^  Mass. 
diers  for  their  Subsistence  on  their  return  to  their  respective  homes,  ixxv.,  135. 
till  the  further  order  of  this  Court.     [Passed  February  20.  House  Jour- 

nal,  p.  349. 


CHAPTER    290. 

ORDER  ALLOWING  55/6^  TO  MATH.   HUTCHINSON. 

A  Petition  of  Mathew  Hutchinson,  praying  for  some  Support  ]^^si8iative 
from  this  Court  for  hurt  he  received  in  his  Breast  while  he  was  council,  xxi., 
in  his  Majesty's  Service  at  the  Seige  of  Louisbourgh,  by  which  he  ArcMve\^' 
is  still  disabled,  1xx1y..823. 

Read  and  Mass. 

Ordered,  That  there  be  allowed  &  paid  out  of  the  Public  Treas-  jVxw.yils. 
ury  to  the  Petitioner  Matthew  Hutchinson  the  Sum  of  Fifty  five  naTp^^'ssT"' 
Shillings  &  six  pence  half  peny,  in  Consideration  of  his  services  & 
Sufferings  mentioned.     \_Passed  February  20. 


CHAPTER    291. 

ORDER  ALLOWING  £150  TO  THE  COMMISSI  GENERAL.  Legislative 

Records  of  the 
Council,  xxl., 

Ordered,  That  there  be  granted  and  Allowed  to  be  paid  out  of  98-  Mass. 

the  public  Treasury  the  Sum  of  One  hundred  &  fifty  Pounds  to  ixxv.,  134. 

John  Wheelwright  Esq^  Commissary-General,  for  his  Service  in  House  Jour- 
that  office  for  one  Year.     [Passed  February  20.  nai,pp.344,348. 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  March  6. 


446 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  292-294.] 


CHAPTER    292 


ORDER  ALLOWING  50/  TO  PHINEAS  TYLER. 

Rlford"of  the       ^  PETITION  of  Pliineas  Tyler  a  Soldier  in  the  late  Expedition 
Council,  xxi.,    against  Crown  Point,  shewing  that  he  came  home  sick  from  the 
98.   Mass.        g^.^  Service  &  continued  so  for  some  time,  praying  that  he  may  be 
allowed  his  Sickness,  Charges  &c^ 
Head  and 

Ordered  That  there  be  allowed  &  paid  out  of  y^  public  Treasury 
the  Sum  of  fifty  Shillings  to  the  Pet'  Phineas  Tyler  in  Considera- 
tion of  his  Expence  &  Sickness  mentioned.     \^Passed  February  21.^ 


98.  Mass 
Archives, 
Ixxv.,  114. 

House  Jour 
nal,  p.  353. 


CHAPTER    293. 


Legislative 
Records  of  the 
Council,  xxi., 
99.     Mass. 
Archives, 
xliv.,  261. 

House  Jour- 
nal, p.  358. 
Province 
Laws,  ill.,  64, 
chap.  32. 
Infra,  chap. 


ORDER  ADJOURNING  THE  COURTS  OF  BARNSTABLE  COUNTY. 

Whereas  The  Court  of  General  Sessions  of  y®  peace  &  Inferior 
Court  of  Common  pleas  are  by  Law  appointed  to  be  held  at  Barn- 
stable on  the  Third  Tuesday  of  March  next,  and  This  Court  having 
adjourned  Plymouth  Courts  into  the  same  week  which  will  make 
it  inconvenient  for  two  Courts  in  the  said  Counties  adjoining  to  sit 
at  the  same  time :  therefore 

Ordered  That  the  said  Court  of  General  sessions  of  the  Peace  & 
Inferior  Court  of  Common  pleas  which  by  Law  are  to  be  holden  at 
Barnstable  Aforesaid  be  and  hereby  Are  adjourned  to  the  second 
Tuesday  in  May  Next  to  be  held  at  the  Court  house  in  said  Town 
of  Barnstable  at  Ten  of  the  Clock  in  the  forenoon  of  Said  Day; 
And  All  pleas  writts  Actions  suits  plaints,  processes,  precepts  re- 
cognizances &  other  thing  &  things  whatsoever,  returnable  or  having 
day  or  days  in  the  said  Courts  shall  stand  Abide  &  Continue  unto 
the  said  adjournment  &  be  held  deemed  &  adjudged  to  be  as  good 
effectual  &  available  in  Law  to  all  intents  Constructions  &  purposes 
whatsoever  as  if  such  Courts  had  been  held  &  kept  on  the  Day  by 
Law  for  holding  the  same,  and  no  Adjournment  thereof  had  been 
made.     {^Passed  Felruary  21. 


Legislative 
Records  of  the 
Council,  xxi., 
100.    Mass. 
Archives, 
xliv.,  262. 

House  Jour- 
nal, p. 357. 
Ante,  p.  402, 
chap.  187. 


CHAPTER    294. 

VOTE  ADJOURNING  THE  COURTS  OF  PLYMOUTH  COUNTY. 

Whereas  The  Court  of  Gen'  Sessions  of  the  Peace  &  Inferior 
Court  of  Common  pleas  which  by  Law  were  to  have  been  holden 
at  Plymouth  on  the  Third  Tuesday  of  Dec""  last,  were  by  this  Court 
adjourned  to  the  first  Tuesday  of  March  Next  which  is  by  Law  One 
of  the  times  for  holding  said  Courts  in  said  County,  And  Whereas 
divers  of  the  Justices  &  others  that  have  business  there  are  Mem- 
bers of  this  Court,  And  the  important  affairs  of  the  Province  now 
depending  require  their  Attendance  thereon :     Wherefore 

»  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  February  20. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  447 

Ordered  That  all  the  Courts  aforementioned  be  and  hereby  are 
adjourned  to  the  Third  Tuesday  of  March  Next,  to  be  held  at  the 
Court  house  in  the  said  Town  of  Plymouth  at  Ten  of  the  Clock 
in  the  forenoon  of  Said  Day;  And  all  Pleas  Writts,  Actions,  suits 
Plaints,  Processes,  Precepts,  recognizances  And  other  thing  &  things 
whatsoever  returnable  or  having  day  or  days  in  said  Courts  shall 
stand  Abide  &  Continue  unto  the  said  Adjournm*  to  y®  3"''^  Tuesday 
in  March  next  &  be  held  deemed  and  adjudged  to  be  as  good  effect- 
ual &  available  in  Law  to  all  Intents  Constructions  &  purposes  what- 
soever as  if  such  Courts  had  been  held  &  kept  on  the  Day  or  days 
by  Law  for  holding  the  same,  and  no  adjournment  thereof  had  been 
made.     \_Passed  Felruary  21. 


CHAPTER    295. 

ORDER  ALLOWING  30/  TO  ISAAC  BELLOWS. 

A  Petition  of  Isaac  Bellows  of  Eutland  Praying  for  an  Allow-  Legislative 
ance  for  Work  by  him  done  for  the  Province  at  Port  Halifax.  SSxxf® 

Eead  &  loo- 

Ordered  that  there  be  allow'd  &  paid  out  of  the  public  Treasury  House  Jour- 
the  Sum  of  Thirty  Shillings  to  the  Pef  Isaac  Bellows  in  full  Con-  °^*pP'     ■ 
sideration  of  his  Services  mentioned.     [^Passed  February  21. 


CHAPTER    296. 

ORDER    IMPOWERING    JOHN    AVERY    AND    JOHN    DEMING    TO    EXPORT 
PROVISIONS  TO  SURINAM. 

A  Memorial  of  John  Avery  and  John  Deming  shewing  that  they  Legislative 
are  fitting  out  the  Schooner  Neptune  for  Surinam,  praying  for  Lib-  councif.xxi!',^ 
erty  to  ship  a  Quantity  of  Irish  Butter,  Flour  &  Beef  in  said  Vessel  \0'^- ,  ,^^^^,- 
for  said  rort.  ise^ 

Eead  and  Mass. 

Ordered  That  the  Prayer  of  this  Memorial  be  so  far  granted,  as  ^s'^'^Legisia.'' 
That  the  memorialists  be  allowed  to  ship  the  Provisions  mentioned  tive  Records  of 
on  board  the  Schooner  Neptune,  and  that  the  Commissioner  of  Im-  xxi.,103!*^  ' 
post  be  and  hereby  is  impowered  &  required  to  take  Bond  of  the  naTp^m'^' 
Memorialists  in  the  Sum  of  one  Thousand  Pounds  Sterling  for  Ante,  p.  270, 
landing  the  same  at  the  Port  of  Surrinam;  And  That  the  Chief  ^  ^^•- 
Officer  of  said  Vessell  on  his  return  make  oath  that  the  said  Pro- 
visions were  landed  at  the  said  Port,  and  upon  his  taking  the  said 
Oath,  the  said  Bonds  shall  be  Cancelled.     \^Passed  February  21."^ 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  February  23. 


us 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  297-300.] 


CHAPTEE    297. 


Legislative 
Records  of  the 
Council,  xxi., 
108.    Mass. 
Archives, 
Ixxv.,  136. 

House  Jour- 
nal, p.  349. 
Ante,  p.  386, 
Chap.  146. 


VOTE  THAT  NO  OFFICER    HAVE    A   DOUBLE    CAPACITY    EXCEPT    COL. 
RICHARD  GRIDJ^EY. 

Voted,  That  no  person  be  made  up  in  the  Muster-Eolls  for  the 
late  Crown-Point  Expedition,  in  a  Double  Capacity  except  Col° 
Gridley;  And  That  the  first  Lieu*^  in  each  of  the  Field  Officers 
Companies  be  allowed  Captains  pay,  and  their  second  Lieu**  allowed 
Lieutenant's  pay.     [Passed  February  21.^ 


CHAPTEE    298. 


Legislative 
Records  of  the 
Council,  xxi., 

102. 

Executive 
Records  of  the 
Council,  xili., 
44.   House 
Journal, 
pp.  351, 353. 


ORDER  ALLOWING  £5  TO   CHARLES   CASEDY. 

A  Petition  of  Charles  Casedy  a  Soldier  in  the  late  Expedition 
ag**  Crown  Point,  setting  forth  his  Sufferings  &  Expences  by  Sick- 
ness contracted  in  the  said  Service,  Praying  for  an  Allowance  there- 
for out  of  the  Treasury. 

Eead  & 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury 
the  Sum  of  Five  Pounds  to  the  Pet''  Charles  Casedy  in  Considera- 
tion of  his  Sufferings  mentioned.     [Passed  *  February  23. 


CHAPTEE    299. 


Legislative 
Records  of  the 
Council,  xxi., 
104.    Mass. 
Archives, 
Ixxv.,  147. 

House  Jour- 
nal, p.  i59. 
Ante,  p.  385, 
chap.  144. 


VOTE  TO  ENCOURAGE  THE  LATE  NOVA  SCOTIA  SOLD^^    TO    RE-ENLIST 
FOR  THE  PROPOSED   CROWN  POINT  EXPEDITION. 

Voted  That  such  Soldiers  as  are  or  have  been  in  the  Service  at 
Nova  Scotia  last  Year,  and  shall  inlist  for  the  proposed  Expedition 
against  Crown-Point  shall  receive  half  wages  from  the  17*^  of  Dec'' 
last  to  the  20**^  of  March  next  over  &  Above  the  six  Dollars  And  a 
Blankett  y®  Common  Bounty  promised  to  all  such  as  enlist,  shall 
be  freed  from  any  Poll  Tax  the  present  Year,  &  shall  be  dismissed 
as  soon  as  the  Expedition  shall  be  over,  or  at  furthest  in  One  year 
from  their  enlisment.     [Passed  February  24. 


CHAPTEE    300. 

VOTE  IN  REGARD  TO  CLOATHING  FOR  THE  SOLD^^  AT  FORT  W**  HENRY 
AND  FORT  EDWARD. 


Rlfords"of  the  Whereas  it  appears  to  this  Court  that  a  promise  was  made  by 

Council,  xxi.,  the  Comiss"  of  this  Governm*  to  such  of  the  Soldiers  belonging 

Archiv^es?'  to  this  Provincc  who  should  appear  willing  to  Tarry  at  Fort  Wil- 

ixxv.,  149.  Y^^^  Henry  &  Fort  Edward  a  Great  Coat,  a  Blankett  &  a  Bed  Sack 

1  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  February  26. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  449 

to  each  Man  over  and  Above  their  Wages,  to  encourage  them  to  Legislative 
engagein  the  said  Service:  Therefore  c^unclf. xli!",^ 

Voted,  That  each  non-Commission  Officer  and  Soldier  who  en-  ||^92,  lo'o.^^  * 
gaged  to  perform  the  said  Service  till  the  sixth  day  of  Feb^  instant,  nai,pp.363,365. 
and  did  not  desert  the  same,  be  entitled  to  and  receive  the  sum  of 
two  pounds  thirteen  Shillings  &  four  pence  in  Cloathing,  in  the 
room  of  the  Great  Coat  &  Blankett  promised  them,  exclusive  of 
the  Bed  Sack,  provided  they  deliver  it  up  at  their  dismission. 
[^Passed  February  24. 


CHAPTER    301. 

ORDER  GRANTING  TO   WILL^  HUNT  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  William  Hunt  of  Tewksbury  shewing  that  he  is  Legislative 
commodiously  situated  for  keeping  an  Inn  in  said  Town,  where  it  councff  xii!^^ 
is  much  needed,  praying  that  the  Court  of  General  Sessions  of  the  104.  Mass.  ' 
Peace  for  the  County  of  Middlesex  may  be  impowered  to  grant  him  370.    ^  ^'*'^'' 
a  Licence  therefor.  Mass. 

Read  and  ^9?^Hous''e'''" 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted  as  Journal, 
That  the  Justices  of  the  Court  of  Gen^  Sessions  of  the  Peace  for  ^^'  ^^'  ^^^* 
the  County  of  Middlesex  be  and  hereby  are  impowered  at  their  ses- 
sions in  March  next  (if  they  See  fit)  to  grant  y''  Petitioner  a  Licence 
to  be  an  Innholder  in  the  Town  of  Tewksbury,  he  producing  the 
Approbation  of  the  Select  Men  of  s*^  Town,  the  Time  of  granting 
Licences  being  elapsed  notwithstanding.     \_Passed  February  24. 


CHAPTER    302. 

ORDER  ALLOWING  15/8  TO  JOEL  CLARK. 

A  Petition  of  Joel  Clark  a  Soldier  in  the  late  Expedition  &c*  Legislative 
prays  that  he  may  be  allowed  by  this  Court  the  Expence  of  his  Sick-  counS  x^l,® 
ness,  which  he  contracted  while  in  the  said  Service.  104.  Mass. 

Kead  and  ixxv.,  67. 

Ordered,  There  be  allowed  and  paid  out  of  y^  public  Treasury  Mass. 
the  Sum  of  fifteen  Shillings  &  eight  pence  to  the  Petitioner  in  y^^^^Jii'. 
Consideration  of  his  Expences  mentioned.     \^Passed  Febru{iry  24.   ^^^^^  "^o^Iq. 


CHAPTER    303. 

ORDER  ALLOWING  £7.  18.  5  TO  GIDEON  CLARK. 

A  Petition  of  Gideon  Clark  a  Soldier  in  the  late  Expedition  Legislative 

against  Crown  Point,  shewing  that  he  was  taken  sick  in  his  March,  councffxlf® 

and  praying  that  he  may  be  allowed  for  his  Expence  &  Loss  of  Time  104.  Mass.  '' 

occasioned  thereby.  i^^v-^e^l' 

Read  and  :^^_ 

Ordered,  That  there  be  allowed  And  paid  Out  of  the  Public  Treas-  Archives, 

'■  Ixxv.,  68. 


450 


Province  Laws  {Resolves^  etc.).  — 1755-56.  [Chaps.  304-306.] 


nai"^* ''sei'^se*  ^^^  *^®  ^^'^  ^^  Seven  pounds  eighteen  Shillings  &  five  pence  to  the 
'     "     '     ■  Petitioner  in  Consideration  of  his  Expences  mentioned.     {^Passed 
February  24. 


Legislative 
Records  of  the 
Council,  xxi., 
105.    Maes. 
Archives, 
Ixxv.,  113. 

Mass. 
Archives, 
Ixxv.,  113. 
House  Jour- 
nal, pp.  356, 363. 


CHAPTER    304. 

ORDER  ALLOWING  £8.  14  TO  ABISHA  BROWN. 

A  Petition  of  Abishai  Brown  a  Soldier  in  the  late  Expedition 
against  Crown  Point,  Praying  that  this  Court  would  allow  him  the 
Charges  occasioned  by  his  Sickness  in  the  said  Service. 

Eead  and 

Ordered  That  the  prayer  of  this  Petition  be  granted,  and  there 
be  allowed  and  paid  out  of  the  Public  Treasury  to  the  said  Abishai 
Brown  the  Sum  of  Eight  pounds  fourteen  Shillings  in  full  of  y^  Acco'' 
for  Doctor  Nursing,  Attendance  &  Expence  exhibited.  \_Passed  Feb- 
ruary 24. 


CHAPTEE    305. 


VOTE  FOR  A  COM™B  OF  WAR  FOR  THE  PROPOSED  CROWN  POINT   EX- 
PEDITION TO  RESIDE  AT  ALBANY. 


Legislative 
Records  of  the 
Council,  xxi., 
105.    Mass. 
Archives, 
Ixxv.,  148. 

House  Jour- 
nal, p.  362. 
Province 
Laws,  iii.,  961, 
note.    Post, 
p.  451,  chap. 
307. 


In  the  House  of  Eep^ 

Voted,  That  three  Gentlemen  be  appointed  as  a  Committee  of 
War  to  reside  at  or  near  Albany,  and  to  follow  such  Instructions 
as  they  shall  receive  from  this  Court,  for  the  more  effectual  Carry- 
ing the  proposed  Expedition  against  Crown-Point  into  Execution, 
the  said  Gentlemen  to  be  chosen,  by  joint  Ballot  with  the  Hon: 
Board. 

In  Council  Read  &  Concur'd.     \^Passed  February  24. 


CHAPTER    306. 


Legislative 
Records  of  the 
Council,  xxi., 
107.    Mass. 
Archives, 
Ixxv.,  124. 

Mass. 
Archives, 
Ixxv.,  124. 
House  Jour- 
nal, p.  363. 


ORDER  ALLOWING  58/2  TO  JOSHUA  DICKENSON. 

A  Petition  of  Joshua  Dickenson  shewing  that  he  has  been  at 
Expence  for  the  Sickness  of  Phineas  Beaumont  his  Servant  &  a 
Soldier  in  the  late  Expedition  of  which  Sickness  he  died,  praying 
to  be  allowed  his  said  Expence. 

Read  and 

Ordered,  That  the  Prayer  of  this  Mem°  be  granted;  And  that 
there  be  allowed  to  the  Memorialist  the  sum  of  fifty  Eight  Shillings 
and  two  pence,  and  paid  out  of  the  public  Treasury  for  his  Use, 
to  Israel  Williams  Esq'  in  full  discharge  of  the  Acco'  annexed.' 
[Passed  February  24."^ 

*  This  account  has  not  been  found. 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  February  25. 


[4th  Sess.]     Province  Laws  {^Resolves,  etc.).  — 1755-56.  451 


CHAPTER    307. 

VOTE  APPOINTING  A  COM'^ee  of  WAR  FOR  THE  PROPOSED  CROWN  POINT 
EXPEDITION   TO   RESIDE   AT   ALBANY. 

This  day  being  appointed  for  the  Choice  of  three  Gentlemen  Legislative 
to  repair  to  Albany  as  a  Committee  of  War  on  the  part  of  this  councf f,  xx*? ^ 
Government  To  Transact  such  nessary '  measures  for  carrying  into  los.  Mass. 
Execution  the  proposed  Expedition  ag"  Crown  point  as  shall  be  ixxv.,  155. 
thought  needful  The  three  following  Gent"  were  Chosen  by  a  Major  House  Jour- 
Vote  of  the  Council  and  House  of  Representatives  viz'  m'bil'iH' 

John  Choate  Esq"^  Province 

Josiah  Dwight  Esq'  note.^'JsMpm,' 

John  Morray  Esq'  ''^^^-  ^os- 

\^Passed  February  25. 


CHAPTER    308. 

VOTE   APPOINTING  GUARDIANS  FOR  THE  INDIANS  OF  MARTHA'S  VINE- 
YARD. 

The  two  Houses  proceeded  to  the  Election  of  Guardians  to  the  Legislative 
Indians  of  Martha's  Vineyard,  And  M'  Sylvanus  Allen,  Deacon  Tim-  gounc'if  xli!"^ 
othy  Mayhew,  &  D""  Thomas  Mayhew  were  duly  elected  to  that  Trust  lOo. 
by  the  Major  Vote  of  the  Council  &  House  of  Represent"^'  To  which  House  Jour, 
the  Governour  signed  his  Consent.     [Passed  February  25.  milzm^^'^*^^' 


CHAPTER    309. 

ORDER  IMPOWERING  M^  JAMES  RUSSELL  TO    EXPORT    PROVISIONS    TO 
ENGLISH   WEST  INDIES. 

A  Petition  of  James  Russell  of  Charlestown,  Merch'  shewing  Legislative 
that  he  is  about  to  load  the  Schooner  Boscawen  with  a  Cargo  for  councif  xxi!*^ 
the  English  West  India  Islands,  Praying  that  he  may  have  Liberty  loe.  Mass. 

,  /-N  Archives  Ixv 

to  send  a  small  Quantity  of  Pork  for  the  Consumption  of  the  In-  iso. 
habitants  there.  Mass. 

Read  and  ...  tit'^t^T" 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted  as  Journal,  p.  367. 
that  the  Pef  be  allowed  to  Ship  the  Provisions  mentioned  on  board  chap.  261".^  ' 
the  Schooner  Boscawen  &  she  to  proceed  therewith  to  the  English 
West  India  Islands,  the  Petitioner  giving  Bond  in  the  Sum  of  One 
thousand  pounds  sterl^  to  the  Comiss""  of  Impost,  who  is  hereby 
impowered  &  required  to  take  the  same,  for  landing  the  said  pro- 
visions at  some  one  or  more  of  the  said  Islands ;  And  that  upon  the 
return  of  s*^  Vessel,  the  Petitioner  producing  a  Certificate  from  the 
Chief  Oflficer  or  Officers  of  his  Majesty's  Customs  in  y''  Said  Islands 
respectively  of  their  being  so  landed,  the  said  Bonds  to  be  Cancelled. 
[Passed  February  25. 

Sic. 


452 


Province  Laws  (JKesoZves,  etc.).  — 1755-56.  [Chaps.  310-312.] 


CHAPTEK    310. 


Legislative 
Records  of  the 
Council,  xxi., 
107.    Mass. 
Archives, 
Ixxv.,  159. 

Mass. 
Archives, 
Ixxv.,  121. 
House  Jour- 
nal, pp.  342,  S.")". 
368.    Ante, 
p.  442,  chap. 
278. 


RESOLVE  ALLOWING  HALF  WAGES  FROM  DECEMBER  17  TO  MARCH    20 
TO   SOLDIERS   OF   THE   CROWN   POINT   EXPEDITION   RE-ENLISTING. 

Whereas  some  Doubts  may  arise  whether  the  half  Wages  engaged 
by  the  Vote  of  this  Court,  and  by  his  ExcelP's  proclamation  Conse- 
quent thereupon  to  those  Soldiers  who  were  in  the  late  Expedition 
against  Crown  Point,  &  who  shall  again  enlist  for  that  service  shall 
extend  further  than  to  the  time  when  they  shall  inlist  anew. 

Resolved  That  all  such  Soldiers  who  were  in  the  last  Expedition 
against  Crown  point  &  shall  inlist  anew  shall  be  Allowed  half  Wages 
from  the  IT"^  J)Q(f  last  to  the  20'*^  day  of  March  next.  [Passed 
February  25. 


CHAPTER    311 


ORDER  ALLOWING  £6.  14.  4i  TO  SAM^-  CHAFFIN. 


Legislative 
Records  of  the 
Council,  xxi., 
108.    Mass. 
Archives, 
Ixxv.,  129. 

Mass. 
Archives, 
Ixxv.,  128. 
House  Jour- 
nal, pp.  364, 366. 


A  Petition  of  Samuel  Chaffin  a  Soldier  in  the  late  Expedition 
ag"  Crown  Point,  shewing  that  he  was  taken  sick  in  the  said  Ser- 
vice, Praying  that  he  may  be  allowed  his  Charges  according  to  the 
Acco'  exhibited. 

Eead  and 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  the  Pef  the  Sum  of  Six  Pounds,  fourteen  Shillings  &  four 
pence  ^"^  in  full  discharge  of  the  Acco"  exhibited.  [Passed  Feb- 
ruary 25.'^ 


CHAPTER    312. 


ORDER  DIRECTING  THAT  MR  SPEAKER  THOMAS  HUBBARD,  WILLIAM 
BAKER  AND  ALEXANDER  YOUNG  BE  DEFENDED  AND  INDEMNIFIED 
AT  THE   CHARGE  OF  THE  PROVINCE  IN  CERTAIN  SUITS. 


Legislative 
Records  of  the 
Council,  xxi., 

107.    Mass. 
Archives, 
xlix.,  462. 

House  Jour- 
nal, pp.  63,  64 
(October, 
1754) ;  pp.  10,  23, 
52,  58,  59,  349, 
352,  372. 


In  the  House  of  Rep* 

Whereas  Tho*  Hubbard  Esqr  W™  Baker  &  AUexander  Young 
have  been  Impleaded  by  Dan'  Fowle  &  y'  s^  W"  Baker  has  been 
Impleaded  by  Royal  Tyler,  for  their  doings  by  Order  of  y'  last 
house  of  Representatives "  and  y*  Actions  are  still  pending  in  the 
Law  and  Whereas  the  Rights  &  Privilidges  of  the  House  of  Rep- 
resentatives of  this  Province  are  in  &  by  Those  Actions  Called  in 
Question. 

It  is  therefore 

Ordered  that  y'  Said  Tho«  Hubbard  Esq'  W"  Baker  &  Allex' 
Young  be  at  y*  Charge  of  this  Province  defended  in  y^  Actions 
afores**  Thoroughout  the  Course  of  y^  Law,  and  Indemnified.  And 
that  Edmund  Trowbridge  James  Otis  &  Jer''  Gridley  Esq"  a  Com- 
ittey  heretofore  Appointed  by  this  house  to  Attend  &  Take  Care 

1  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  February  26. 

^  The  House  action  referred  to  was  in  connection  with  the  publication  of  a  libellous 
pamphlet,  entitled  "  A  Monaster  of  Monsters,"  reflecting  upon  the  members  of  the  House. 
The  House  undertook  to  punish  the  printer  and  publisher.  A  full  account  of  their  pro- 
ceedings will  be  found  by  reference  to  the  House  Journal  citations  in  the  margin. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  453 

of  the  Defence  of  y*  Actions  afores^  be  from  Time  to  Time  paid 
Out  of  y^  Province  Treasury  Such  Sums  of  Money  as  Shall  be  SufE' 
to  Enable  them  properly  to  defend  Those  Actions,  in  this  Province, 
and  in  Case  of  An  Appeal  to  his  Majestic  in  Council;  or  that  y*" 
Actions  afores"^  Should  Otherwise  be  Carried  home,  That  y*^  Said 
Thomas  Hubbard  Esq'  W"  Baker  &  Allex'  Young  be  There  defended 
in  the  Actions  afores''  at  y^  Publick  Charge  by  the  Agent  of  this 
Province. 

In  Council  Read  and  Concur'd.     \^Passed  February  26. 


CHAPTER    313. 

ORDER  ALLOWING  £3.  0.  10  TO  JN<^  GOODWIN. 

A  Petition  of  John  Goodwin  a  Soldier  in  the  late  Expedition  Legislative 
against  Crown  Point,  shewing  that  he  was  taken  sick  in  the  said  councff  xxi!*^ 
Service  Praying  that  he  may  be  allowed  his  Charge  occasioned  by  los-  Mass. 
his  Sickness.  ixxv.,i3-2. 

Read  and  House  Jour- 

Ordered,  That  there  be  allowed  &  paid  out  of  the  Public  Treas-  nai, pp. 361,369. 
ury  the  Sum  of  Three  pounds  &  ten  pence  to  the  Petitioner  John 
Goodwin,  in  consideration  of  his  Expences  Mentioned.     [Passed 
February  26. 


CHAPTER    314. 

ORDER  ALLOWING  £7.  5.  4  TO  OBADIAH  HOLT,  ALSO  £8.  7  TO  EBENEZER 
PIKE  AND  £5.  0.  8  TO  JAMES  BOUTELL,  EXECUTOR,  AND  £4  TO  TIM- 
OTHY HUTCHINSON. 

A  Petition  of  Obadiah  Holt,  and  others,  setting  forth,  that  they  House  Jour- 
were  engaged  in  the  late  Expedition  against  Croiun-Point,  and  during  Ma^g^'  ^^' 
that  Service  by  Reason  of  their  Wounds  &  Sickness,  unable  to  return  Archives, 

Ixxv    119 

to  their  several  Homes  without  great  Difficulty  &  Expence,  for  which   "     '' 


the  Allowance  made  by  the  Court  of  a  Day's  Wages  for  every  fifteen  Archives, 
Miles  they  were  distant  from  Home,  is  by  no  Means  an  Equivalent ;  House  Jour- 
and  praying  such  further  Consideration  may  be  made  them  for  their  nai,  p.  370. 
Charges  &  Sufferings  mentioned,  as  may  be  tho't  reasonable.  ch'ap.256;  ' 

Read  and  ^jt^'"'^^'^- 

Ordered,  That  there  be  allowed  &  paid  out  of  y®  public  Treasury 
to  y®  S*^  Obadiah  Holt  the  Sum  of  Seven  pounds  five  Shillings  &  four 
pence  in  full  Consideration  of  his  Expence  in  his  Sickness  mentioned : 
&  That  there  be  also  paid  to  the  S*^  Ebenezer  Pike  the  Sum  of  Eight 
Pounds  seven  Shillings ;  And  to  y®  S*^  James  Boutell  Executor  to  y® 
S*^  John  Boutell's  last  Will  &  Testament  y*  Sum  of  five  pounds  & 
Eight  pence;  And  to  the  S**  Tim"  Hutchinson  the  Sum  of  Four 
pounds.  All  in  full  of  their  several  Demands  as  in  this  Petition 
Mentioned.     [Passed  February  26. 


454 


Province  Laws  {Resolves^  etc.) .  — 1755-56.  [Chaps.  315,  316.] 


CHAPTEK    315. 


ORDER  ALLOWING  £177  TO  JN^  KINGSBURY  AND  OTHERS. 


Legislative 
Records  of  the 
Council,  xxi., 

108. 

Mass. 
Archives, 
cxxiv.,  419. 
House  Jour- 
nal, pp.  370, 373. 


An  Accompt  presented  by  John  Kingsbury  Overseer  of  the  Com- 
pany of  Carpenters  at  Fort  William  Henry  &c'^  containing  an  Account 
of  Wages  due  to  the  said  Carpenters  for  Work  done  there,  amount^ 
to  the  Sum  of  £177: 

Eead  & 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treas- 
ury to  the  several  Persons  mentioned  in  this  Account  the  several 
Sums  affixed  to  their  respective  Names  amounting  in  the  whole  to 
One  hundred  &  seventy  seven  Pounds.     \^Passed  *  February  26. 


CHAPTEK    316. 


VOTE  ESTABLISHING  WAGES  AND  SUBSISTENCE  FOR  OFFICERS  &  SOLD^^ 
IN  THE  EXPED"  AGAINST  CROWN  POINT. 


Legislative 
Records  of  the 
Council,  xxi., 
109.    Mass. 
Archives, 
Ixxv.,  175. 

House  Jour- 
nal, pp.  370, 371, 
372.    Ante, 
p.  443,  chap. 
282. 


Voted,  That  the  following  Establishment  of  Wages  be  made  for 
the  Officers  and  Soldiers  going  in  the  intended  Expedition  to  Crown- 
Point, 

£.   s.    d 
That  the  Wages  for  a  Colonel  to  each  Regiment  consisting  of  500  |  ,„  ir 

Men,  be J 

For  one  Lieutenant-Colonel  for  such  Regiment  .         .         .         .     10  13 

For  one  Major  to  ditto 9     1 

For  one  Commissary  to  ditto 5    8 

For  a  Captain  of  50  Men  including  Officers 15     8 

For  one  Lieutenant  for  such  Company 3  12 

For  one  Ensign  for  ditto [-28 

Provided  such  Captain,  Lieutenant  and  Ensign  raise  a  Company  of  I 
50  Men.  J 

For  one  Chaplain  for  each  Regiment 6    8 

For  one  Adjutant  for  each  Regiment 2    8 

For  one  Chirurgeon  to  each  Regiment 10    0 

For  one  Chirurgeon's  Mate  to  ditto 5    6 

For  three  Serjeants  to  each  Company,  to  each 1  18 

For  four  Corporals  to  each  Company  to  each, 1  13 

For  one  Clerk  to  each  Company 1  18 

For  one  Drum-Major 1  18 

For  one  common  Drummer  to  each  Company 1  13 

For  each  private  Centinel 1  12 

For  one  Armourer  to  each  Regiment 4    0 

For  his  Assistant 2    0 

Captain-Lieutenant  to  the  Colonel 5    8 

Commissary  for  the  Hospital 3    0 

That  there  be  allowed  two  Lieutenants  to  each  of  the  Field-Officers  } 
Company    that  the  second  Lieutenant  in  the  Colonel's  Company  [3^2 
and  the  two  Lieutenants  in  the  Lieutenant-Colonel's  and  Major's  I 

Company  be  allowed  (each) J 

That  there  be  allowed  for  inlisting  the  several  Soldiers  for  said  Ex- 
pedition, three  Shillings  each,  to  be  paid  to  the  Captains  %vho  shall 
inlist  the  same. 
That  the  Officers  and  Soldiers  Allowance,  after  their  Departure  from 
their  respective  Habitations  to  the  Place  of  general  Rendezvous, 
or  until  they  receive  the  Province  Stores  for  their  Subsistance,  one 
Shilling  ^  six-Pence  per  Day  fifteen  Miles  to  be  accounted 

a  Day's  Travel ;  and  the  same  Allowance  Home  after  the  Service 
is  over. 
That  there  be  given  the  following  Allowance  after  the  Arrival  at  the 
Place  of  general  Rendezvous, 


0  per  Month. 

4 

ditto 

4 

ditto 

0 

ditto 

0 

ditto 

0 

ditto 

0 

ditto 

0 

ditto 

0 

ditto 

0 

ditto 

8 

ditto 

4 

ditto 

6 

ditto 

4 

ditto 

4 

ditto 

6 

ditto 

0 

ditto 

0 

ditto 

0 

ditto 

0 

ditto 

0 

ditto 

0 

ditto 

[4th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1755-56. 


455 


To  each  Man,    Fourteen  Ounces  of  Bread per  Diem 

Ditto  of  Pork ditto 

One  Jill  of  Rum ditto 

Half  a  Pint  of  Peas  or  Beans ditto 

Half  a  Pound  of  Sugar per  Week 

Two  Ounces  of  Ginger ditto 

One  Pound  of  Flour ditto 

One  Pint  of  Indian-Meal ditto 

Four  Ounces  of  Butter ditto 

One  Pint  of  Molasses ditto 

That  the  Sum  of  three  hundred  Pounds  be  laid  out  by  the  Committee 

of  War  for  Things  necessary  for  the  Sick  and  Wounded. 
That  there  be  allowed  one  hundred  Pounds  for  each  Colonel's 

Table.  And, 
That  every  Commissary  be  accountable  on  Oath  for  all  the  Provi- 
sions and  other  Things  they  shall  receive,  and  be  under  Bond  with 
sufficient  Sureties  for  the  faithful  Discharge  of  their  Trust ;  and 
that  they  shall  not  deduct  any  Part  out  of  said  Provisions  and 
apply  it  to  their  own  Use. 
And,  That  this  Government  pay  their  Proportion  with  the  other  Gov- 
ernments engaged  in  said  Expedition  of  the  several  Officers  here- 
after named,  the  respective  Sums  following,  Viz. 

£.  s.    d. 
One  Bombardier  who  shall  be  Captain  of  the  Artillery      .        .        .    12  16    0  per  Month 

One  Lieutenant  of  the  Artillery 5    6    8       ditto 

A  second  Bombardier 454       ditto 

Three  Bombardier  Assistants  (each) 2  13    4       ditto 

Sixteen  Gunners  (each) 200       ditto 

[Passed  February  26. 


CHAPTER    317. 

ORDER  ALLOWING   £3.  10  TO  JACOB  ESTY. 

A  Petition  of  Jacob  Easty  shewing  that  his  Son  Elijah  Easty  Legislative 
a  Soldier  in  the  late  Expedition  against  Crown  Point  was  taken  c^unctf,  xil!*,^ 
sick  while  he  was  in  the  Service,  praying  to  be  allowed  the  Charge  lOT.^.Mass. 
of  his  Sickness, 

Eead  and 

Ordered.,  That  there  be  allowed  &  paid  out  of  the  Public  Treas- 
ury to  the  Pet'  Jacob  Esty  the  Sum  of  three  pounds  ten  shillings 
in  full  of  the  Charge  of  bringing  home  his  Son  Elijah  from  Fort 
William  Henry,  for  Nursing  &  other  Necessary  Expences.  [Passed 
February  27,^ 


Ixxv.,  133. 

House  Jour- 
nal, pp.  366, 367. 


CHAPTER    318. 


VOTE  IN  REGARD  TO  THE  PAYMENT  OF  SUBSISTENCE  MONEY  TO  THE 

S0LDK8. 

Voted 

that  the  Subsistance  heretofore  allow'd  from  y'  time  of  Inlistm*  ^e«*t^f*^Jf ,.  „ 

,         .  „  ,.         ,1-r  -r-.  •  i       •  c   -r       1  "n  Recotas  or  tne 

to  the  time  of  marching  the  Last  Recruits  in  y*  Last  years  Lxpe-  council,  xxi., 
dition  for  Crown  Point  be  paid  to  Such  Officers  as  have  actually  Archives?' 
paid  y^  Same  to  their  Respective  Soldiers  and  the  Rest  Shall  be  ixxv.,  lei. 
paid  to  y*  Soldiers  or  their  order  by  y^  Treasurer  and  a  Collumne  House  Jour- 
be  made  in  y^  muster  Rolls  accordingly.     [Passe'd  February  27. 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  February  25. 


nal,  p.  374. 


456 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  319-322.] 


CHAPTEK    319. 


Legislative 
Records  of  tlie 
Council,  xxi., 
111.    Mass. 
Archives, 
Ixxv.,  160. 

Legislative 
Records  of  the 
Council,  XX., 
526.    House 
Journal,  p.  375. 


VOTE  THAT  NO  ALLOWANCE  BE  MADE  TO  THE  OFFICERS  FOR  ENLIST- 
ING THE  2,000  MEN  FOR  THE  PROPOSED  CROWN  POINT  EXPEDITION. 

Voted,  That  there  shall  be  no  Allowance  made  to  the  Officers 
who  inlisted  the  2,000  Men  raised  in  Sep''  last  for  reinforcing  the 
Army  under  the  Comand  of  Maj"^  Gen'  Johnson  in  Consideration 
of  their  inlisting  the  said  Men.     \^Passed  February  27. 


CHAPTEK    320. 


Legislative 
Records  of  the 
Council,  xxi., 
111.    Mass. 
Archives, 
Ixxv.,  174. 

House  Jour- 
nal, p.  376. 
Ante,  p.  448, 
chap.  300; 
p.  452,  chap. 
310. 


VOTE  EXTENDING  THE  TIME  FOR  THE  ENLISTMENT  OF  SOLDIERS  FOR 
THE  PROPOSED  CROWN  POINT  EXPEDITION  AND  ALLOWING  HALF 
WAGES,  UNDER  CONDITIONS. 

Voted  That  the  Time  for  Inlist^  Soldiers  into  his  Majesty's  Ser- 
vice for  y^  proposed  Expedition  against  Crown  point  be  lengthened 
out  to  the  last  day  of  March  next,  And  that  such  Men  as  were  in 
the  last  Expedition  And  those  belonging  to  this  Province  at  Fort 
W°^  Henry  »&  Fort  Edw"^  And  Also  Such  soldiers  as  Are  or  have 
been  in  the  service  at  Nova  Scotia.  &  shall  iiilist  anew  shall  be 
allowed  half  Wages  from  y^  l?*"^  of  Dec"^  last  when  the  pay  of  the 
last  Army  Ceased  till  the  Time  of  their  reinlistment  provided  they 
inlist  before  the  last  day  of  March  Next.     [^Passed  February  28. 


CHAPTER    321. 


Legislative 
Records  of  the 
Council,  xxi., 
112.    Mass. 
Archives, 
Ixxv.,  178. 

House  Jour- 
nal, p.  363. 
Ante,  p.  443, 
Chap.  282. 


ORDER  DIRECTING  THE  COM'^^   OF    WAR    TO    PURCHASE    SIX    MONTHS 
PROVISIONS  FOR  THE  PROPOSED  CROWN  POINT  EXPEDITION  FORCES. 

Ordered,  That  The  Com'^®  of  War  be  directed  to  purchase  Provi- 
sions »&c  for  the  Forces  proposed  to  be  raised  by  this  Province  on  the 
intended  expedition  against  Crown  Point,  for  six  months.  [^Passed 
February  28. 


CHAPTER    322. 


ORDER  ALLOWING  £5.  17.  4  TO  DAN^-  NICHOLS. 


Legislative 
Records  of  the 
Council,  xxi., 
112.    Mass. 
Archives, 
Ixxv.,  117. 

Executive 
Records  of  the 
Council,  xiii., 
59.    Hoiise 
Journal, 
pp.  369,  377. 


A  Petition  of  Daniel  Nichols  of  Reading  shewing  that  his  Son 
Dydimus  Nichols  was  a  Soldier  in  the  Expedition  against  Crown 
Point  &  was  taken  sick  in  his  Journey  in  his  Way  home  after  the 
Army  was  disbanded  of  which  Sickness  he  died,  praying  that  the 
Pef '  Charge  therein  may  be  repaid  to  him  out  of  the  public  Treasury. 

Read  And 

Ordered,  That  there  be  allowed  &  paid  out  of  the  public  Treasury 
to  y*"  Pef  Daniel  Nichols  in  full  of  the  Expences  mentioned  the  sum 
of  five  pounds  seveteen '  shilP  &  four  pence.     \_Passed  *  March  1. 

»  Sic. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  457 


CHAPTER    323. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EXCISE 
ON  TEA  COFFEE,  &c,  FOR  THE  COUNTY  OF  BARNSTABLE  AND  ALLOW- 
ING 24/  FOR  THE  EXPENSE  THEREOF. 

The  Committee  appointed  to  let  out  to  farm  the  Excise  upon  Legislative 

-  —  -  -      -  -  Records  of  the 


Coffee  Tea  &c*  in  the  County  of  Barnstable,  reported  that  they  councif, 
had  let  out  the  same  to  Solomon  Otis  Esq^  for  the  Sum  of  £9.13.4  ^ 


XXI., 


and  taken  his  Bond  with  Sureties  &  lodged  it  in  the  Treasury,  their  Mass. 
own  Charge  therein  being  £2.4.  wcxiv^w. 

T?pnrl   <<r  House  Jour- 

Xieau  "^  -,  -,     T  ,  ,  n  -,    nal,pp.381,382. 

Ordered  that  this  Eeport  be  accepted,  and  that  there  be  allowed  Ante,  p.  373, 
&  paid  out  of  the  public  Treasury  to  the  said  Committee  the  Sum  ^  ^^' 
of  Twenty  four '  Shillings  in  discharge  of  their  Account  of  time 
&  Expence  exhibited.*     \_Passed*  March  2. 


CHAPTER    324. 

VOTE  APPOINTING  A  QOMM^^^  FOR  FARM«  OUT  THE  EXCISE  ON   STRONG 
LIQUORS  IN  SUFFOLK  COUNTY. 

In  the  House  of  Eepresent"^'  Legislative 

Voted  that  John  Quincy  &  M"'  William  Cooper  with  such  as  the  council,  xxi., 

hon'''*  Board  shall  join  be  a  Committee  to  farm  out  the  Excise  on  ]1^ 

Spirituous  Liquors  for  the  County  of  Suffolk,  Sa^p^ssT"" 

In  Council ;  Eead  «&  Concur'd ;  And  Samuel  Watts  Esq''  is  joined  Province  ' 
in  the  Affair.     {Passed  March  3.  note.'' '"" ^^'' 


CHAPTER    325. 

VOTE  APPOINTING  A  COMM™^  FOR  FARM**  OUT  THE  EXCISE  ON  STRONG 
LIQUORS  IN  ESSEX  COUNTY. 

In  the  House  of  Eepresentatives ;  R^^*^!f*^^f  h 

Voted  that  Henry  Gibbs  &  Daniel  Epes  Esq''^  with  such  as  the  councu,  xxi., 

hon'''''  Board  shall  join,  be  a  Committee  to  farm  out  the  Excise  on  111: 

spirituous  Liquors  for  the  County  of  Essex:  naTif  ssT^" 

In  Council;  Eead  &  Concur'd,  And  Benj*  Lynde  Esq'  is  joined 
in  the  Affair.     \^Passed  March  S. 

*  The  State  Library  copy,  Legislative  Records  of  the  Council,  xxi.,  113,  reads,  "Forty- 
four." 

^  Mass.  Archives,  cxxiv.,  417,  records  the  payment  to  James  Otis  of  £2.  17,  for  farm- 
ing the  excise  in  Barnstable  county ;  but  this  apparently  is  the  same  charge  as  appears  in 
the  above  order. 


458 


Pkovince  Laws  {Resolves,  etc.) .  — 1755-56.  [Chaps.  326-329.] 


CHAPTER    326. 


VOTE  APPOINTING  A  COMM'^'^e  FOR  FARMS  OUT  THE  EXCISE  ON  STRONG 
LIQUORS  IN  MIDDLESEX  COUNTY. 


LegiBlative 
Records  of  the 
Council,  xxi., 
114. 

House  Jour- 
nal, p.  386. 


In  the  House  of  Kepresentatives ; 

Voted  that  Edmund  Trowbridge,  and  Samuel  Livermore  Esq" 
with  such  as  the  hon*''^  Board  shall  join  be  a  Committee  to  farm 
out  the  Excise  on  spiritous  Liquors  for  the  County  of  Middlesex. 

In  Council;  Read  &  Concur'd;  And  Ezekiel  Chever  Esq'  is  joined 
in  the  Affair.     \^Passed  March  3. 


CHAPTER    327. 

VOTE  APPOINTING  A  COMMTe^  FOR  FARM«  OUT  THE  EXCISE  ON  STRONG 
LIQUORS  IN  HAMPSHIRE  COUNTY. 

Kecords^of  the  ^^  *^^  House  of  Representatives. 

Council,  xxi.,         Voted  that  Israel  Williams  &  Elijah  Williams  Esq"  with  such  as 

— '- the  hon'''^  Board  shall  join,  be  a  Comm'^^  to  farm  out  the  Excise  on 

na^i"p!m^'      spiritous  Liquors  for  the  County  of  Hampshire. 

In  Council;  Read  &,  Concur'd;  And  Eleazer  Porter  Esq'  is  joined 
in  y^  Affair.     [^Passed  March  3, 


Legislative 
Records  of  the 
Council,  xxi., 
114.    Mass. 
Archives,  exx., 
95. 

House  Jour- 
nal, p.  386. 


CHAPTER    328. 

VOTE  APPOINTING  A  COMM^Jb  FOR  FARM«  OUT  THE  EXCISE  ON  STRONG 
LIQUORS  IN  WORCESTER  COUNTY. 

In  the  House  of  Repres''®* 

Voted  that  Thomas  Steel  &  Timothy  Payne  Esq'*  with  such  as  the 
Hon^'®  Board  shall  join  be  a  Committee  to  farm  out  the  Excise  on 
Spirituous  Liquors  for  the  County  of  Worcester. 

In  Council  Read  and  Concur'd  And  Joseph  Wilder  Esq'  is  joined 
in  the  Affair.     \^Passed  March  3. 


CHAPTER    329. 


VOTE  APPOINTING  A  COMM^ee  fqR  FARM**  OUT  THE  EXCISE  ON  STRONG 
LIQUORS  IN  PLYMOUTH  COUNTY. 


Legislative 
Records  of  the 
Council,  xxi., 
114. 

House  Jour- 
nal, p.  386. 


In  the  House  of  Representatives ; 

Voted  that  Thomas  Clap  Esq'  &  M'  Israel  Turner,  with  such  as 
the  hon"*  Board  shall  join,  be  a  Committee  to  farm  out  the  Excise 
on  spirituous  Liquors  for  the  County  of  Plymouth. 

In  Council;  Read  &  Concur'd,  And  John  Gushing  Esq',  is  joined 
in  the  Affair.     \^Passed  March  3. 


[4th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1755-56.  459 


CHAPTER    330. 

VOTE  APPOINTING  A  COMM'^^^  FOR  FARM^  OUT  THE  EXCISE  ON  STRONG 
LIQUORS  IN  BARNSTABLE  COUNTY. 

In  the  House  of  Eepresentatives ;  Rlfords^of  the 

Voted  that  James  Otis  &  Roland  Cotton  Esq"  with  such  as  the  council,  xxi., 

hon"''^  Board  shall  Join,  be  a  Committee  to  farm  out  the  Excise  on  ?li 

spiritous  Liquors  in  the  County  of  Barnstable.  nail'p!386?^ 

In  Council ;  Read  &  Concur'd,  And  John  Otis  Esq'  is  joined  in 
the  Affair.     [^Passed  March  3. 


CHAPTER    331. 

VOTE  APPOINTING  A  COMMteb  fqR  FARM**  OUT  THE  EXCISE  ON  STRONG 
LIQUORS  IN  BRISTOL  COUNTY. 

In  the  House  of  Representatives,  R^^*^*d*^^f  th 

Voted  that  Samuel  White  Esq"^  &  M"^  Thomas  Moorey  with  such  council, xxi., 

as  the  hon'''^  Board  shall  join,  be  a  Com*^^  to  farm  out  the  Excise  V^ 

on  spirituous  Liquors  in  the  County  of  Bristol.  nai^tf  3 "e"''" 

In  Council;  Read  &  Concur'd;  And  George  Leonard  Esq'' is  joined 
in  y^  Affair.     \_Passed  March  3. 


CHAPTER    332. 

VOTE  APPOINTING  A  COM^ee  foR  FARM«  OUT  THE  EXCISE  ON  STRONG 
LIQUORS  IN  YORK  C*'. 

In  the  House  of  Representatives,  Legislative 

Voted  that  M'  John  Bradbury,  &  Edward  Millekin  Esq'  with  such  councu,  xxi.,^ 
as  the  hon^'**  Board  shall  join  be  a  Committee  to  farm  out  the  Excise  ^^ 


on  spirituous  Liquors  for  the  County  of  York.  nai^^f  ^6^^ 

In  Council;  Read  &  Concur'd,  And  Richard  Cutt  Esq""  is  joined 
in  the  Affair.     \_Passed  March  3. 


CHAPTER    333. 

VOTE  APPOINTING  A  COM™e  fOR  FARM«  OUT  THE  EXCISE  ON  STRONG 
LIQUORS  IN  COUNTY  OF  DUKES  COUNTY. 

In  the  House  of  Representatives ;  Legislative 

Voted  that  James  Otis  &  Roland  Cotton  Esq"  with  such  as  the  coSnctf.xxf,® 

hon"^  Board  shall  join  be  a  Committee  to  farm  out  the  Excise  on  IH: 

Spirituous  Liquors  in  the  County  of  Dukes  County.  ^T^^ss^e"'^' 

In  Council ;  Read  &  Concur'd,  And  Sylvanus  Bourn  Esq'  is  joined      '  ^' 
in  the  Affair.     {^Passed  March  3. 


460 


Province  Laws  (Mesolves,  etc.).  — 1755-56.  [Chaps.  334-337.] 


CHAPTER    334. 


VOTE  APPOINTING  A  COMt^e  FOR  FARM«  OUT  THE  EXCISE   ON  STRONG 
LIQUORS  FOR  NANTUCKET  COUNTY. 


Legislative 
Records  of  the 
Council,  xxi., 
115. 

House  Jour- 
nal, p.  386. 


In  the  House  of  Eepresentatives ; 
Voted  that  Abishai  Folger  Esq'  &  M''  Kichard  Coffin  with  such  as 
the  hon'''^  Board  shall  join  be  a  Committee  to  farm  out  the  Excise  on 
spirituous  Liquors  for  the  County  of  Nantucket. '    [Passed  March  3. 


Legislative 
Records  of  the 
Council,  xxi., 
115.    Mass. 
Archives, 
Ixxv.,  201. 

House  Jour- 
nal, p.  383. 


Legislative 
Records  of  the 
Council,  xxi., 
115.    Mass. 
Archives, 
Ixxv.,  200. 

House  Jour- 
nal, p.  385. 


CHAPTER    335. 

VOTE    FOR    STOPPING    WAGES    WHERE    COMMISSARIES    STORES,   ETC., 
HAVE  NOT  BEEN  ACCOUNTED  FOR. 

Voted,  That  all  officers  &  others  concerned  in  the  Crown  Point 
Expedition,  that  have  received  any  Blanketts  Powder  &  Ball  or  any 
other  Things  not  Accounted  for,  shall  first  Account  with  the  Com- 
missary General  before  they  are  paid  off  their  part  of  the  Muster 
Rolls;  and  the  Treasurer  is  hereby  ordered  not  to  pay  them  till 
they  produce  a  Certificate  from  the  Commissary  General  that  they 
have  Accounted  with  him  for  said  Blanketts  Powder  &  Ball  or  any 
other  things  they  may  have  received ;  &  the  Commissary  General  is 
hereby  directed  to  give  each  of  them  A  Certificate  that  they  have 
settled  with  him,  expressing  what  may  be  due  from  them  (if  any 
Sum  be  due)  which  is  to  be  allowed  out  of  their  Wages.  \_Passed 
March  3. 


CHAPTER    336. 

VOTE  ALLOWING  6/  PER  DIEM  AND  NECESSARY  CHARGES  TO  MUSTER 

MASTERS. 

Voted  That  the  Muster  Masters  for  the  late  Crown  Point  Expe- 
dition be  severally  Allowed  six  Shillings  a  day  And  all  necessary 
Charges  for  every  day  they  were  emploied  in  that  service.  [Passed 
March  3. 


CHAPTER    337. 


ORDER  ALLOWING  £8.6.4  TO  LEMUEL  BOYDEN. 


Legislative 
Records  of  the 
Council,  xxi., 
116.    Mass. 
Archives, 
Ixxv.,  153. 

Mass. 
Archives, 
ixxv.,  153. 
House  Jour- 

nal,pp.377,383. 


A  Petition  of  Lemuel  Boyden  a  Soldier  in  the  late  Expedition 
against  Crown  Point,  shewing  that  he  was  taken  sick  in  his  Eeturn 
home,  praying  that  he  may  be  reimbursed  the  Expence  of  his  Sick- 
ness by  this  Court. 

Eead  & 

Ordered,  That  there  be  allowed  &  paid  out  of  the  public  Treas- 
ury the  sum  of  Eight  Pounds  six  Shillings  &  three  pence,  to  the 
Peti''  in  Consideration  of  his  Expences  Mentioned.    [Passed  March  3. 

*  No  addition  by  the  Council  is  given  in  either  copy  of  Legislative  Records  of  the  Coun- 
cil ;  the  State  Library  copy,  Legislative  Records  of  the  Council,  xxi.,  115,  reads,  "  In  Coun- 
cil; Read  &  Concur'd  &." 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  4:61 


CHAPTER    338. 

ORDER  ALLOWING   £7.  8.  10  TO  BENJ^^  SHUTE. 

A  Petition  of  Benjamin  Shute  a  Soldier  in  the  late  Expedition  Legislative 
against  Crown  Point,  shewing  that  he  was  taken  sick  in  the  said  councff  xxi!'* 
Service  praying  that  this  Court  would  allow  him  the  Expence  occa-  ne.  Mass. 
sioned  thereby.  ixxv.,  isi. 

Eead  And  Mass. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas-  j^x'v^Yso 
ury  the  sum  of  seven  pounds  eighteen  Shillings  &  ten  pence  to  y®  House  Jour- 
Petitioner,  in  full  of  his  Expences  Mentioned.     [Passed  March  3.  ^^^'.pp- 377,383. 


CHAPTEE    339. 


ORDER  ALLOWING  £4.  10  TO  JOSHUA  READ. 


A  Petition  of  Joshua  Eead  of  Woburn  an  Officer  in  the  late  Legislative 
Expedition  against  Crown  Point,  shewing  that  he  was  taken  sick  counclf  xx\!'° 
in  the  said  Service,  praying  that  this  Court  would  reimburse  him  ne.  Mass. 
the  Expence  of  his  said  Sickness:  ixxv.7i5^i- 

Eead  and  i^^^^ 

Ordered,  That  there  be  allowed  and  paid  out  of  the  Public  Treas-  ^^^'\fi' 
ury  to  the  Pef  Joshua  Eead  the  Sum  of  four  pounds  Ten  Shillings  House  Joiir- 
in  full  of  the  Charges  Mentioned.     [Passed  March  3.  nai,pp.365,373. 


CHAPTER    340. 

ORDER  ADJOURN^  THE   COURTS  OF  BRISTOL  COUNTY. 

Whereas  Several  Members  of  the  Court  of  General  Sessions  of  Legislative 
the  Peace  &  Inferior  Court  of  Common  pleas  which  by  Law  are  coSncu!  xxi!)^ 
to  be  holden  at  Taunton  in  the  County  of  Bristbl  on  the  Second  Archi^vfl^" 
Tuesday  of  March  Current  are  Members  of  this  Court,  which  it  xuv.,  263.'     ■ 
is  probable  maybe  setting  at  the  same  time,  And  the  important  House  Jour- 
affairs  of  the  province  now  depending,  require  their  attendance  provinc?^' ^*'^' 
thereon :  Wherefore  ^^^^^d'^-'J^ 

cnRD  32  *  ol3 

Ordered,  That  the  Courts  aforementioned  (that  were  to  be  held  chap!  15.' 
at  the  Time  aforesaid)  be  and  hereby  are  adjourned  to  the  fourth 
Tuesday  of  March  Current  to  be  held  at  the  Court  house  in  said 
Town  of  Taunton,  at  ten  of  the  Clock  in  the  forenoon  of  said  Day: 
&  All  Pleas  Writts  Actions  suits  Plaints  Processes,  Precepts  recog- 
nizances and  other  thing  &  things  whatsoever,  returnable  or  having 
day  or  days  in  the  said  Courts  shall  stand  Abide  &  Continue  unto 
the  said  Adjournment,  And  be  held  deemed  &  adjudged  to  be  as 
good  effectual  &  available  in  Law  to  all  Intents  Constructions  & 
purposes  whatsoever  as  if  such  Courts  had  been  held  and  kept,  on 
the  day  by  Law  for  holding  the  same,  and  no  adjournment  thereof 
had  been  made.     [Passed  March  4. 


462 


Province  Laws  {Resolves, etc.).  — 1755-56.  [Chaps.  341-343.] 


CHAPTEK    341. 


House  Jour- 
nal, p.  381. 
Mass. 
Archives, 
ccxlviii.,  185. 

Mass. 
Archives, 
cxxv.,  409. 
House  Jour- 
nal,  p.  384. 


ORDER   ALLOWING    £35.2.4    TO    JOSEPH    DWIGHT;    £37.15.1    TO    ELIJAH 
WILLIAMS;    £221.0.3   TO   SAMUEL  BROWN. 

The  Committee  appointed  on  sundry  Accounts  received  from 
Stockbridge  for  Billeting  Soldiers;  reported  thereon, 

Eead  and 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury To  Joseph  Dwight  Esq'  the  Sum  of  Thirty  five  pounds  two  shil- 
lings &  four  pence,  to  Elijah  Williams  the  Sum  of  Thirty  seven 
pounds  fifteen  Shillings  and  one  peny;  And  to  M""  Samuel  Brown 
the  Sum  of  Two  hundred  and  Twenty  one  pounds  And  three  pence, 
to  be  by  him  paid  to  the  persons  mentioned  in  the  foregoing  List ' 
agreeable  to  the  several  Sums  Set  against  their  Names  respectively, 
being  in  full  Discharge  of  the  several  Acco^^  herewith  Exhibited. 
^Passed  March  4. 


Legislative 
Records  of  the 
Council,  xxi., 
117.    Mass. 
Archives,  cxi., 
3TL 

House  Jour- 
nal, p.  39L 


CHAPTEK    342. 

ORDER  GRANTING  TO  LYDIA  NORWOOD  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Lydia  Norwood,  Widow  of  Zackeus  Norwood  late 
of  Lyn  Taverner  dec'^  Praying  that  the  Court  of  General  Sessions 
of  the  Peace  for  the  County  of  Essex  may  be  impowered  to  grant 
her  a  Licence  as  a  Taverner  in  the  House  she  is  now  in  until  the 
End  of  the  Year. 

Read  & 

Ordered  that  the  Court  of  General  Sessions  of  the  Peace  next  to 
be  holden  within  &  for  the  County  of  Essex  be  &  they  are  hereby 
impowered,  if  they  think  fit,  to  grant  Licence  to  the  said  Lydia  to 
be  an  Innholder  in  the  said  Town  of  Lyn,  k  to  give  publick  Enter- 
tainment in  the  House  where  she  now  dwells  she  first  obtaining  the 
approbation  of  the  Select  Men  of  said  Town  for  that  purpose ;  The 
Time  by  Law  allow'd  for  granting  Licences  in  said  County  being 
Elapsed  notwithstanding,  and  Liberty  is  hereby  granted  her  to  keep 
such  House  of  Publick  Entertainment  in  the  mean  time.  \^Passed 
March  5.' 


CHAPTER    343. 


Legislative 
Records  of  the 
Council,  xxi., 
118.    Mass. 
Archives, 
Ixxv.,  228. 

House  Jour- 
nal, p.  391. 
Ante,  p.  365, 
Chap.  94. 


VOTE  DIRECTING  THE  PROVINCE  TREAS«  TO  TAKE  BOND  OF  OFFICERS 
WHO  RECEIVE  ENLIST»  MONEY. 

Voted,  That  the  Treasurer  be  directed  to  take  Bond  of  Such 
Officers  as  shall  receive  Orders  to  Inlist  Men  into  his  Majesty's 
Service  for  the  Intended  Expedition  against  Crown  point  for  all 
Such  Sums  as  he  shall  deliver  them  for  that  purpose,  in  y*  same 
manner  as  he  took  Bonds  in  the  last  Expedition.    [Passed  March  5. 

*  See  Mass.  Archives,  ccxlviii.,  185. 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  March  4. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  463 


CHAPTEK    344. 

VOTE  FOR  AUGMENT^  Y^  FORCES    FOR   PROPOSED   CROWN   POINT   EX- 
PEDITION. 

Voted,  Notwithstanding  this  Court  are  fully  sensible  That  Legislative 

the  Number  of  three  thousand  Men,  exclusive  of  Officers  Already  coundf,  xxV.? 
Ordered  by  this  Gov*  to  be  employed  on  the  Intended  Expedition  Archi^fs^' 
against  Crown  Point  is  the  full  proportion  of  this  Gov'  Considering  ixxv.,  229. 
the  Numbers  of  this  and  the  other  Governm*^  who  it  is  depended  House  Jour- 
on  will  join  in  Said  Expedition,  And  much  more  than  their  proper-  pro-Jinc?^'^^^' 
tion  Considering  the  very  extended  frontier  of  the  Massachusetts  ^^^^'^^;^t^^' 
Gov-ernm*  which  s"^  Gov'  are  Obliged  to  defend  at  this  Time,  with-  p°44o,  chap!' 
out  any  Aid  from  any  other  Governm'^^  who  are  covered  and  defended  "'^^** 
by  this  Province,  Yet  Considering  of  how  great  Importance 

it  is  to  his  Majest^  Gov*^  that  the  Proposed  Expedition  be  Carried 
into  Execution  and  being  heartily  desirous  to  Encourage  the  Same, 
this  Court  do  Agree  That  the  Number  already  Ordered,  by  this  Gov' 
to  be  raised  for  said  Expedition  be  Augmented  to  the  Number  of 
Thirty  five  hundred  Men  inclusive  of  Officers:  Provided  Alwaies 
that  the  Gov"  of  Ehode  Island  and  New-Hampshire  (who  have  not 
yet  Certified  this  Gov'  that  they  will  join  in  the  proposed  Expedi- 
tion) shall  agree  to  join  the  Forces  of  this  &  the  Gov"  of  Connect- 
icut &  New  York  w""  the  Number  of  One  thousand  each,  and  the 
same  be  made  known  and  Certified  from  Said  Ehode  Island  &  New- 
Hampshire  to  this  Gov'  And  that  no  beating  Orders  be  given  nor 
Moneys  taken  out  of  the  Treasury  of  this  Province  for  raising  the 
abovesaid  Augmentation  or  any  part  of  it  till  the  said  Gov"  of  Rhode 
Island  &  New-Hampshire  respectively  shall  have  agreed  to  raise  & 
send  on  said  Expedition  the  Number  of  One  thousand  each  And 
the  same  be  properly  certified  to  this  Governm'  The  S"^  Augmenta- 
tion to  be  of  private  men,  and  when  raised  to  be  proportioned  to 
the  several  Regiments  &  Companies  already  agreed  to  be  raised. 
{^Passed  March  5. 


CHAPTER    345. 

ORDER  IMPOWERING  REBECCA  GOODWIN,  EXECUTRIX,  AND  OTHERS 
TO  SELL  AN  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 

A  Petition  of  Rebecca  Goodwin,  "Widow  &  sole  Executrix  of  the  Legislative 
last  Will  &  Testament  of  Nathaniel  Goodwin  late  of  Middleton  dec"*  councu^  xif® 
with  others  his  Heirs,  shewing  that  there  is  a  Necesity  of  selling  119.  Mas's. 
part  of  the  Real  Estate  for  Payment  of  the  Debts,  and  the  most  ^eo?^^^^'  '^^''" 
convenient  part  of  the  Real  Estate  to  be  sold  is  half  a  House  and  m^;^^; 
Land  in  Boston,  praying  that  said  Rebecca  may  be  impowered  in  ^y''^®^'  '^^^■' 
behalf  of  the  Minor  Children  to  join  with  the  other  Heirs  in  mak-  Journal, 
ing  Sale  of  the  Deceaseds  part  of  said  House  &  Land.  ^?ovincf  ^' 

Read,  and  Laws,  ii.,  151, 

cns.'D   10 

Ordered  that  the  Prayer  of  this  Petition  be  granted,  and  that  the 
said  Rebecca  (Executrix  of  the  last  Testament  of  the  said  Nathaniel) 
on  behalf  of  such  of  the  Heirs  of  the  said  Nathaniel  as  are  in  their 
minority,  and  the  said  Abigail  (administratrix  of  the  Estate  of  the 
said  Thomas,)  on  behalf  of  the  Heirs  of  the  said  Thomas,  that  have 


464  Province  Laws  {Resolves,  etc.) .  — 1755-56.     [Chap.  346.] 

not  arrived  at  Lawfull  age,  be  &  they  hereby  are  authorized  &  im- 
powered,  (in  Conjunction  with  the  other  Parties  interested)  to  make 
Sale  of  the  messuage  &  appurtenances,  (situate  in  the  Town  of  Bos- 
ton) mentioned  in  the  Petition,  to  as  good  advantage  as  may  be,  and 
to  Execute  a  good  &  sufficient  Deed  or  Deeds  of  Conveyance  of  the 
same ;  They  observing  the  Eules  of  the  Law  respecting  the  Sale  of 
Eeal  Estates  by  Executors  &  administrators:  Provided  that  the 
said  Rebecca  give  sufficient  Security  to  the  Judge  of  Probate  for 
the  County  of  Suffolk  that  after  the  Payment  of  the  just  Debts  of 
the  said  Nathaniel,  out  of  the  Proceeds  of  the  Sale  of  his  moiety 
of  said  Messuage,  and  that  the  overplus  (if  any  be)  shall  be  applyed 
as  follows  viz.  the  Interest  of  one  third  part  thereof,  to  the  Use  of 
the  said  Eebecca  during  her  natural  Life,  and  the  other  two  Thirds 
to  be  distributed  among  the  Heirs  of  the  said  Nathaniel  (and  also, 
the  Principal  Sum  of  the  other  Third  part,  after  the  Decease  of  the 
said  Rebecca,)  in  proportion  as  order'd  by  the  said  last  Testament, 
or  otherwise,  according  to  Law.  Provided  also  that  the  said 

abigail  give  sufficient  Security  to  the  Judge  aforesaid,  that  the  Pro- 
ceeds of  the  Sale  of  the  said  Thomas's  part  of  the  said  messuage 
be  applyed  as  follows  viz.  the  Interest  of  one  third  part  thereof  to 
be  for  the  Use  of  the  Widow  of  the  said  Thomas,  during  her  Life, 
and  that  the  other  two  third  Parts  be  distributed  among  the  Heirs 
at  Law  of  the  said  Thomas,  and  the  Principal  Sum  of  the  remain- 
ing third  part,  be  alike  distributed  after  the  said  widows  Decease. 
[Passed  March  5. 


CHAPTEK    346. 

ORDER  IMPOV/ERING  THE  JUDGE  OF  PROBATE  TO  APPOINT  COMMIS- 
SIONERS TO  EXAMINE  THE  CLAIM  OF  JAMES  STUTSON  AS  A  CRED- 
ITOR OF  AN  ESTATE. 

Records  o? the  ^  PETITION  of  James  Stutson  of  Hingham  shewing  that  as  Creditor 
Council,  xxi.,  to  the  Estate  of  Benjamin  Rankin  dec"^  (represented  Insolvent)  he 
ArciifveB%ix.,  laid  his  Claim  before  the  Commissioners  appointed  by  the  Judge 

^^ of  Probate  for  the  County  of  Suffolk  to  examine  the  Claims,  & 

Mass.  ^^  produced  sufficient  Vouchers  to  support  his  Demand,  that  the  said 
353.  Legisia-''  Commissioners  cut  off  a  great  Part  of  the  Pet"  Account,  which  the 
the^Cou^ncuf"*  Judgc  apprehending  unjust,  would  not  accept  &  confirm  their  Re- 
H^^'s^ Jour  turn.  Therefore  Praying  that  the  said  Judge  may  be  impowered  to 
nai,pp.29i,394.  appoint  other  Commissioners,  so  far  as  relates  to  the  Demands  of 
the  Per. 
Read  & 

Ordered  that  the  Prayer  of  this  Pef^  be  so  far  granted  as  that  the 
Judge  of  Probate  for  the  County  of  Suffolk  be  &  hereby  is  impow- 
ered to  appoint  Commissioners  to  examine  the  Claim  of  the  Pet^  to 
the  Estate  referred  to.  And  their  Report  being  allowed  by  the  said 
Judge  the  Pef  shall  be  considered  as  a  Creditor  or  not  according 
to  such  Report,  Any  thing  in  the  Report  of  the  former  Commiss" 
to  the  Contrary  notwithstanding.     [Passed  March  5.' 

1  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  March  8. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  465 

CHAPTER    347. 

ORDER  ALLOWING   £3.  11.  3  TO  AARON  RICE. 

A  Petition  of  Aaron  Rice  of  a  Place  called  Charlemount,  in  the  House  Jour. 
County  of  Hmnpsliire,  shewing,  that  at  the  Beginning  of  the  present  m^^bs!"^^^' 
Indian  War,  he  was  obliged  to  hire  a  few  Men  to  defend  himself  ArchiveB, 

against  the  Enemy  till  Soldiers  were  sent  by  the  Government  for         '". 

his  Protection;  and  praying  that  an  Allowance  may  be  made  him  Eecordrof  the 
for  their  Wages  and  Billetting.  S^'^HouB'^e"'" 

Eead  and  Joumai, 

Ordered,  That  the  prayer  of  this  Petition  be  so  far  granted  as 
That  there  be  allowed  and  paid  out  of  the  public  Treasury  to  Elijah 
Williams  Esq""  for  the  Pet'  Aaron  Kice  the  sum  of  three  pounds 
eleven  Shillings  &  three  pence  in  full  of  the  Charges  mentioned. 
\_Passed  *  March  6. 


pp.  381,  392. 


CHAPTER    348. 

VOTE  ALLOWING  3/  EACH  FOR  USE  OF  GUNS  IMPRESSED  AND   ORDER- 
ING REPAYMENT  OF  |1.50  EACH  FOR  GUNS  ^NOT  RETURNED. 

Whereas  Some  persons  have  received  Money  of  the  Province  Legislative 
Treasurer  to  pay  such  Soldiers  as  were  employed  in  the  late  Ex-  councifxxr^ 
pedition  designed  against  Crown-Point  who  should  find  their  own  120.  Mass.  '' 
Fire  Arms,  but  notwithstanding  the  Encouragement  of  two  Dollars  ixxv-^aso. 
given  for  that  purpose.  Some  Soldiers  did  neglect  to  furnish  them-  House  Jour, 
selves  accordingly  by  means  whereof  the  chief  Military  Officers  were  ^^lif^-^H^^^^' 
Obliged  to  impress  Arms  for  them ;  Therefore  chap!  144. 

Voted,  That  such  person  as  had  his  Gun  impressed  and  sent  into 
the  said  Service  and  safely  returned,  shall  be  paid  three  Shillings 
for  the  use  of  said  Gun :  And  such  persons  as  have  taken  Money  out 
of  the  Province  Treasury  for  the  Use  aforesaid  are  hereby  directed 
to  return  the  remaining  Dollar  &  an  half  which  he  took  out  for  each 
Man.     [^Passed  March  6. 


CHAPTER    349. 

ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury  Legislative 
to  Amos  Kead  the  Sum  of  Five  Pounds  nine  shillings  and  two  pence;  councff  xxi^^ 
To  Samuel  Moodey  Four  Pounds  eleven  shillings  &  five  pence,  and  120. 
one  farthing ;    To  Nathaniel  Appleton  Nine  Pounds  fifteen  shillings  Mass. 
and  nine  pence.  To  Nathaniel  Lakeman  Six  Pounds  ten  shillings,  t^lv^J^i'ui 
To  Jonathan  Eead  Thirty  two  Shillings,  To  Stephen  Hosmer,  Four  }i;i|;i^|'J^p 
Pounds  thirteen  shillings  and  one  peny,  and  to  William  Eichardson  203!  212,  231. 
Three  Pounds  fourteen  shillings  &  eleven  pence,  To  Benjamin  Eaton  iecOTdrof  the 
Four  Pounds  two  shillings ;  To  Nathaniel  Piper  Four  Pounds  ten  shil-  5^6*^"  House"'' 
lings;  To  Joseph  Lock  jun'' Five  Pounds  eight  Shillings;  To  Joseph  Journal, 
Lock  three  Pounds  five  Shillings  &  eight  pence;  To  Elisha  Cutler  il'.f^'.SIl; iL' 
Three  Pounds  three  shillings  &  four  pence ;  To  Jonas  Munroe,  Four 


4:66 


Province  Laws  {Resolves ,etc.).  — 1755-56.  [ Chaps .  3 5 0-3 52.] 


Pounds  eighteen  shillings  &  two  pence ;  To  Henry  Harrington  Seven 
Pounds  four  Shillings  &  eight  pence;  &  to  Joshua  Walker  Adminisf 
of  the  Estate  of  Capt  John  Eead  dec''  Nine  Pounds  four  Shillings 
(inclusive  of  Fifteen  Days  Wages  more  allowed  the  said  John  in 
the  Muster  Eoll),  being  in  full  Consideration  of  the  Expences  men- 
tioned in  their  several  Petitions.     [Passed  *  March  6. 


CHAPTEE    350. 


Legislative 
Records  of  the 
Council,  xxi., 
120.    Mass. 
Archives, 
xxiii.,  40. 

Legislative 
Records  of  the 
Council, 
xxi.,  3.    House 
Journal,  p.  394. 


VOTE  ALLOWING  THE  ACCOUNTS  OF  DIVERS  INN  KEEPERS  FOR  ENTER- 
TAINING FRENCH  PRISONERS. 

Voted  That  the  several  Taverners  &  others  who  entertained  the 
french  Prisoners  lately  bro't  hither,  in  their  way  from  Albany  to 
Boston  be  Committed  to  the  Committee  Appointed  to  consider 
their  other  Acco*^  for  the  Soldiers  on  their  return  from  the  Army 
to  examine  the  same,  And  that  the  s**  Accounts  allowed  by  them 
be  paid  out  of  y®  public  Treasury.     [Passed  March  6. 


CHAPTER    351. 


ORDER    IMPOWERING    ABIAH    BANGS,   EXECUTRIX,   TO    SELL    REAL 

ESTATE. 


Legislative 
Records  of  the 
Council,  xxi., 
121.    Mass. 
Archives,  xix., 
333. 

Mass. 

Archives,  xix., 
332.    House 
Journal, 
pp.  269, 395,  396. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Abiah  Bangs  Widow  and  only  surviv^  Execuf  of 
Jonathan  Bangs  late  of  Newburn  in  North  Carolina  dec^  shewing 
that  the  said  Jonathan  left  several  Debts  on  his  Estate  due  to  Per- 
sons in  this  Government,  that  some  part  of  his  Eeal  Estate  must 
be  sold  to  discharge  said  Debt,  and  forasmuch  as  it  will  be  more 
convenient  to  sell  his  Eeal  Estate  in  this  Province,  than  that  in 
North  Carolina,  praying  that  she  may  be  impowered  to  sell  the 
same  accordingly. 

Eead  and 

Ordered,  That  the  prayer  of  this  Petition  be  So  far  granted  as 
that  the  Petitioner  in  her  said  Capacity  be  &  hereby  is  impowered 
(by  her  self  or  her  Attorney)  to  Make  Sale  of  the  reall  Estate  therein 
Mentioned  for  the  most  it  will  fetch  She  first  giving  public  Notice 
of  Said  Sale  agreeable  to  the  Act  of  the  Province  relating  to  the 
Sale  of  reall  Estates,  and  to  execute  a  good  Deed  or  Deeds  of  Sale 
thereof,  and  That  she  or  her  Attorney  give  sufficient  Bond  to 
Account  with  the  Judge  of  probate  for  the  County  of  Barnstable 
for  the  proceeds  thereof.     [Passed  March  6. 


CHAPTER    352. 


Legislative 
Records  of  the 
Council,  xxi., 
121.    Mass. 
Archives, 
Ixxv.,  82. 


ORDER  ALLOWING  50/  TO  MOSES  KENARD. 

A  Petition  of  Moses  Kenard  a  Soldier  in  the  late  Expedition 
to  Crown  Point  shewing  that  he  with  others  was  appointed  by  his 
Officer  to  guard  some  Drovers  that  brought  Stores  to  the  Camp, 
that  he  committed  the  Care  of  his  own  Pack  to  some  Waggoners 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  467 

that  were  coming  to  the  Camp,  but  could  never  after  recover  it  Mass. 
again  they  pretending  that  it  was  stolen  out  of  their  [Wagon];*  ixxv.,80.' 
Praying  that  this  Court  would  allow  him  for  what  he  lost  in  Cloath-  na^i^ppfsSJ^m 
ing  &c^ 

Eead  and 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  the  Petitioner  the  Sum  of  fifty  Shillings  in  full  Considera- 
tion of  the  Articles  Mentioned.     \_Passed  March  6. 


CHAPTER    353. 

ORDER    ACCEPTING    THE    REPORT    OF    COMMITTEE    FOR    PREPARING 
INSTRUCTIONS  TO  THE  COM™=  OF  WAR  TO   RESIDE  IN  ALBANY. 

Instructions  for  the  Committee  of  the  General  Court  going  to  Legislative 

AlViQTiTT  Records  of  the 

ii.iUd,ny.  ^  ^  Council,  xxl., 

You  are  to  provide  Yourselves  with  an  Authenticated  Copy  of  the  121.  Mass. 
Vote  of  the  General  Court,  appointing  you  a  Committee  in  behalf  \xx\Jm. 
of  this  Province  to  reside  at  or  near  Albany  and  there  to  transact  Mass. 
affairs  relating  to  the  Expedition  to  Crown  Point,  and  you  are  as  ■^^xxxfii'  -i 
soon  as  possible  to  set  out  on  your  Journey,  and  upon  your  Arrival  72  Sis.'  House 
at  Albany  you  are  immediately  to  engage  in  proper  Measures  for  "atuI^p.'us^^^' 
the  transportation  of  provisions  and  Stores  to  the  Forts  at  the  Car-  '^^l^{fll 
rying  place  and  Lake  George.     It  appears  to  us  the  cheapest  and  367. 
quickest  way  of  transportation  is  by  Batteaux  from  Albany  to  the 
Half  moon  and  thence  by  Land  Carriage  to  Still  Water  landing,  which 
is  about  twelve  miles  and  from  thence  by  water  again  to  Saraghtogoe, 
and  thence  again  by  Land  Seven  miles  to  the  upper  Falls  and  thence 
by  water  to  Fort  Edward.  You  will  therefore  make  immediate 

provision  of  both  Land  and  Water  Carriages  for  this  method  of 
transportation ;  We  think  that  large  sized  Batteaux  or  if  they  are 
not  to  be  had,  the  common  sized  may  serve  for  the  first  water  from 
Albany;  but  for  the  second  Water  above  the  half  moon  we  imagine 
a  larger  sort  of  Boats  if  to  be  obtain'd  may  answer  better ;  for  the 
next  Water  the  Batteaux  at  Fort  Edward  may  be  made  use  of;  but 
you  will  determine  what  sort  of  Boats  will  cause  the  greatest  dis- 
patch, and  those  you  will  make  use  of,  and  buy,  build  or  hire  them 
as  you  find  it  best.  At  the  same  time  that  you  are  providing  Bat- 
teaux you  are  likewise  to  be  providing  Waggons  or  Carts  for  land 
Carriages  to  receive  the  provisions  at  one  end  of  the  Carrying  place 
and  transport  them  to  the  other;  and  for  this  purpose  we  desire  if 
it  be  practicable  that  you  would  buy  or  improve  such  Teams  as 
belong  to  the  Inhabitants  of  this  Province.  You  will  have  it 

in  your  power  to  satisfy  yourselves  at  Sheffield  and  Stockbridge 
what  number  of  Carts  can  be  hired  or  bought  and  what  Fodder  or 
provinder  can  be  procured  for  we  apprehend  it  will  be  necessary 
that  fodder  &c^  should  be  carried  from  thence  or  other  parts  to 
support  the  Cattle  while  they  are  at  work  as  there  will  not  be  suffi- 
cient at  or  near  Albany. 

Having  laid  your  Plan  well,  and  proportioned  your  Carts  or 
Waggons  to  your  Boats,  we  think  it  proper  that  one  of  You  should 
be  at  or  near  each  Carrying  place  to  expedite  the  Business  and  to 
make  any  Alterations  either  in  the  number  of  Boats  or  Carts  as 
shall  be  found  necessary. 

1  Inserted  from  Mass.  Archives,  Ixxv.,  80. 


468  Province  Laws  {Resolves,  etc.).  — 1755-56.     [Chap.  353.] 

You  will  procure  Men  for  the  Batteaux  on  as  reasonable  Terms 
as  you  can,  and  you  may  either  agree  with  Persons  who  are  not  of 
the  Army  to  continue  in  the  Service  while  they  are  wanted  or  you 
may  employ  part  of  the  Forces  after  they  arrive  at  Albany  as  you 
think  best,  and  you  may  make  some  addition  to  the  pay  of  such 
Forces  for  their  encouragement,  while  they  are  in  that  Service ;  and 
you  are  also  to  employ  as  many  men  as  shall  be  sent  you  by  this 
Government  as  Guards  at  the  Kiver  and  other  places  as  you  shall 
judge  necessary  and  convenient.  You  must  likewise  provide  Carts 
or  Waggons  from  Fort  Edward  at  the  Carrying  place  to  Fort  Wil- 
liam Henry  at  the  Lake,  but  this  part  of  the  transportation  must 
not  be  made  without  a  sufficient  Guard  to  secure  the  Stores  from 
any  attack,  nor  without  Scouts  being  constantly  abroad  to  prevent 
a  Surprize,  but  you  must  take  all  possible  care  that  there  be  no 
delay  in  this  branch  of  the  transportation. 

We  leave  it  to  your  discretion  either  to  hire  all  or  any  part  of 
the  waggons  or  Carts  with  Cattle  or  Horses  or  otherwise  to  pur- 
chase them  in  whole  or  in  part  and  at  such  places  as  you  think 
best,  and  you  will  always  keep  men  at  each  Station  for  the  Service 
of  the  Carts  or  Waggons,  and  you  may  appoint  a  Master  or  Com- 
mander to  each  Company  with  additional  wages  or  you  may  con- 
tract with  any  Person  or  Persons  by  the  great  or  agreeing  for  the 
payment  of  any  certain  Sum  for  their  whole  Service. 

As  there  are  a  number  of  Carpenters  very  probably  among  the 
Soldiers  in  Garrison  at  the  Fort  you  must  endeavour  to  engage 
them  by  the  promise  of  additional  Wages  to  finish  the  Flat  bot- 
tomed Boats  that  were  begun  and  to  be  at  work  on  such  others  as 
shall  be  concluded  on  so  as  to  have  sufficient  for  the  transportation 
of  Cannon  and  heavy  Stores,  that  there  be  no  delay  after  the  Forces 
of  the  Several  Colonies  shall  join  at  the  Lake,  and  least  there  should 
not  be  a  sufficiency  of  Carpenters  there  care  shall  be  taken  that  a 
further  number  be  inlisted  and  dispatched  from  hence  as  soon  as 
possible. 

You  will  likewise  make  enquiry  into  the  State  of  the  Batteaux 
belonging  to  the  Province  and  if  the  number  be  insufficient  you 
will  secure  materials  and  employ  workmen  to  compleat  it;  or  to 
supply  the  place  of  Batteaux  by  other  Boats,  and  this  is  what  must 
be  effected  at  all  events,  for  it  seems  impracticable  to  transport  the 
provisions  and  Stores  and  Boats  also  from  Albany  in  Season;  Boats 
therefore  must  be  built  at  the  Lake  as  the  Timber  there  will  admit 
of,  the  other  materials  as  Iron  Work,  Oacum  &c^  must  be  seasonably 
sent  up. 

You  will  give  such  directions  to  M'  Emmerson  relating  to  the 
Stores  and  other  matters  under  his  Care  at  Albany  as  you  shall 
find  necessary  and  he  is  required  to  conform  to  your  Orders 

You  must  always  have  this  in  your  mind,  that  the  great  end  of 
your  appointment  is  the  expediting  the  provisions  and  Stores  so 
that  a  sufficiency  may  be  lodged  at  Fort  William  Henry  to  be  ready 
for  the  army  upon  its  arrival  and  you  are  to  Spare  no  Labor  nor  Cost 
to  effect  it. 

You  are  to  correspond  with  the  Committee  of  war  at  Boston  and 
to  govern  yourselves  by  such  advices  as  you  shall  from  time  to  time 
receive  from  them,  always  communicating  every  matter  of  moment 
to  His  Excellency  the  Governour  when  it  shall  be  in  Your  power. 

Read  and 

Ordered  that  this  Report  be  accepted.     {^Passed  March  6. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  469 


CHAPTER    354. 

YOTE  TO  ERECT  ANOTHER  MAGAZINE  FOR  GUNPOWDER,  AND  ORDERS 
APPOINTING  A  COMMITTEE  TO  SELECT  A  SITE  THEREFOR,  AND 
DIRECTING  THAT  AN  EXAMINATION  BE  MADE  OF  THE  POWDER 
HOUSE  AT   CHARLESTOWN. 

In  the  House  of    Eep*  Record"^?  th 

Voted,  That  there  be  erected  another  Magazine  for  the  recep-  council,  xxi., 
tion  of   Gun  Powder  belonging  to  the   Province   at   the   Public  Archies?' 
Charge:  Also  ixxv.,  -249. 

Ordered,  That  M""  Trowbridge  &  M"'  James  Eussell  with  such  as  House  Jour- 
the  Hon'''*  Board  shall  join  be  a  Committee  to  repair  to  such  Town  224,'225|397|399'. 
as  they  shall  judge  proper  and  pitch  upon  some  suitable  place  for 
erecting  a  Magazine  for  that  purpose,  to  prepare  a  Plan  of  the  build- 
ing and  an  estimate  of  the  Cost  thereof  &l  to  lay  the  Same  Before 
this  Court 

In  Council  Read  &  concurred  and  Will""  Brattle  Esqr  is  joined 
in  the  affair  and 

Ordered  that  the  Committee  examine  the  condition  of  the  powder 
house  in  Charlestown  and  make  report  thereof. 
In  the  House  of  Represent : 

Read  &  Concurred.     \^Passed  March  8. 


CHAPTER    355. 

ORDER  ALLOWING  41/3  TO  EBENEZER  SHELDEN. 

A  Petition  of  Ebenezer  Shelden  of  Fall  Town,  shewing  that  Legislative 
he  was  put  to  the  Charge  of  victualling  twelve  Men,  who  came  to  councu.xxi.,^ 
the  Pet"  and  his  Neighbours  help,  when  in  great  Danger  of  being  ArchivM^' 
attacked  by  the  Indian  Enemy,  Praying  that  he  may  be  reimbursed  ixxv.,  191. 
out  of  the  public  Treasury.  House  Jour- 

Read  And  iSll^''"''''' 

Ordered,  That  there  be  Allowed  &  paid  out  of  y®  public  Treasury 
to  the  Petitioner  the  Sum  of  forty  One  Shillings  &  three  pence  in 
full  of  his  Expences  Mentioned .     \^Passed  March  8. 


CHAPTER    356. 


VOTE  DIRECTING  THE    PROVINCE    TREASURER    IN    REGARD    TO    THE    Legislative 

WAGES  OF  SURGEONS  IN  LATE  CROWN  POINT  EXPEDITION.  Records  of  the 

Council,  xxi., 
124.    Mass. 

Voted,  That  the  Treasurer  be  directed  not  to  pay  off  the  several  f^^^^^^ 
Surgeons  their  Wages  that  were  employed  in  the  late  Crown  point  „  — • 

Expedition,  untill  they  have  rendered  to  the  Com***  of  War  an  Acco*  nai,  p.  401.^" 
of  the  Doctor's  Boxes  &  Surgeon's  Instruments  which  were  put  into  4'ap'.  282^^' 
their  hands  for  the  use  of  the  Army  employed  in  the  late  Crown  ^460,  chap, 
point  Expedition.     IFassed  March  9. 


470 


Province  Laws  (Besolves,  etc.).  — 1755-56.  [Chaps.  357-359.] 


CHAPTEE    357. 


Legislative 
Records  of  the 
Council,  xxi., 
124.    Mass. 
Archives, 
Ixxv.,  262. 

House  Jour- 
nal, pp.  398, 399. 
Province 
Laws,  iii.,  961, 
note.    Ante, 
p.  451,  chap. 
307. 


"VOTE  APPOINT^  A  SUBSTITUTE  COM''^'^'''  OF  WAR  TO  RESIDE  AT  OR  NEAR 

ALBANY. 

In  Council 

whereas  two  of  the  Genlemen  lately  chosen  to  reside  at  or  near 
albany  for  the  more  effectual  carrying  on  the  intended  expedition 
against  Crown  Point  have  declined  that  service  &  John  Choate  Esq'' 
the  other  Gentleman  then  chosen  hath  signifyed  that  He  cannot 
attend  thereon  before  the  beginning  of  April  next  which  is  appre- 
hended will  be  too  late  Therefore 

Voted  that  John  Whitcomb  Esq''  &  M''  John  Foye  with  such  as 
the  Honourable  House  shall  join  be  a  commitee  to  reside  at  albany 
or  parts  adjacent,  &  repair  thither  as  soon  as  may  be  to  take  care 
of  the  transportation  of  the  Provisions,  &  other  stores  for  the  use  of 
the  Forces  of  this  Province  proposed  to  be  raised,  for  the  s'^  intended 
expedition  The  s*^  Committee  to  conform  themselves  to  such 

Instructions  as  they  shall  receive  from  this  Court 
In  the  House  of  Eep* 

Eead  and  Concurred;  and  John  Leach,  Oliver  Partridge  And 
John  Ashly  Esq''^  are  joined  in  the  Affair.     [Passed  March  9. 


CHAPTER    358. 


Legislative 
Records  of  the 
Council,  xxi., 
125.    Mass. 
Archives, 
Ixxv.,  259. 

House  Jour- 
nal, pp.  400, 401. 
Ante,  p.  443, 
chap.  282. 


VOTE  TO  EMPLOY  COURIERS  BETWEEN  BOSTON,  ALBANY  &  THE  CAMP. 

Voted,  That  the  Committee  of  War  be  directed  to  agree  w*^  One 
or  More  suitable  persons  On  the  best  Terms  they  Can,  to  be  em- 
ployed as  Curriers  between  Boston  &  Albany  or  the  Camp  When 
&  for  so  long  a  time  as  they  shall  think  proper,  in  order  to  their 
receiving  more  speedy  &  Constant  Intelligence  of  Affairs  relating 
to  the  intended  Expedition  against  Crown-point.     [Passed  March  9. 


CHAPTER    359. 


Legislative  • 
Records  of  the 
Council,  xxi., 
125.    Mass. 
Archives, 
Ixxv.,  2.58. 

House  Jour- 
nal, p.  401. 


VOTE  IN  REGARD  TO  ACCOUNTS  OF  COMMISSARY  THOMAS, 

Voted  That  the  Commissary  General  be  directed  in  settling  Ac- 
counts with  Commissary  Thomas  who  was  employed  in  the  late 
Crown  point  Expedition,  to  make  him  the  Usual  Allowance  on 
Rum,  Mollosses,  Ginger  Bread  &  Butter.     [Passed  March  9. 


[4th  Sess.]     Province  Laws  (Besolves,  etc.).  — 1755-56.  471 

CHAPTER    360. 

ORDER  CANCELLING  THE  BALANCE  DUE  ON  LOAN  TO  ISAAC  PARKER. 

A  Petition  of  John  &  Daniel  Parker  for  themselves  &  other  Legislative 
the  Heirs  of  Isaac  Parker  of  Charlestown  Dec-^  shewing  that  that'  counctf, xx\^f 
the  said  Isaac  clivers  Years  since  had  .the  favour  of  the  Loan  of  ^^-..^ass.    ' 
£500  old  Tenor  *  from  the  Government  to  encourage  his  carrying  417.        '   ' '' 
on  the  Manufacture  of  Stone  Ware,  that  Two  hundred  of  the  £500  Mass. 
has  been  returned  into  the  public  Treasury ;  But  for  as  much  as  by  ^s^^House^'' 
Means  of  the  Death  of  the  said  Isaac  &  other  Misfortunes  not  only  Journal,^ 
the  whole  of  the  said  Loan  but  a  great  part  of  the  said  Isaac's  Estate  province  '     ' 
has  been  swallowed  up,  therefore  praying  his  remaining  Debt  to  the  note^xm '  ^le's 
Prov'^®  may  be  remitted.  chap.'go;  xiv.,' 

Eead,  And  Whereas  The  making  of  Stone  ware  might  have  been  '*^  ^p-  '• 
of  great  Advantage  to  the  Public  had  the  Pet"  Father  lived  And 
succeeded  in  that  business  as  well  as  to  himself  &  his  Heirs,  but 
notwithstanding  the  great  Cost  &  charge  they  have  been  at  in  their 
Attempts  all  their  Schemes  have  in  a  great  measure  failed  &  proved 
unsuccessful  by  means  whereof  the  Pet"  said  Fathers  Estate  has 
been  greatly  injured;  Therefore 

Ordered  That  the  prayer  of  this  Petition  be  granted,  &  the  Sum 
mentioned  of  three  hundred  Pounds  Old  Ten'  said  to  be  due  to  the 
Province  be  and  hereby  is  remitted,  and  no  Demand  hereafter  shall 
be  made  of  the  said  Sum  or  any  part  thereof.     [Passed  March  9. 


CHAPTER    361. 

ORDER  ALLOWING  30/  TO  JON^  MORTON. 


A  Memorial  of  Jonathan  Morton,  shewing  that  his  Servant  Ben-  Legislative 
jamin  Emmons  a  Soldier  in  the  Expedition  against  Crown  Point,  councif  x*  ^'^^ 


XXI. 


shewing  that  he  was  taken  sick  in  his  Return  home,  where  he  con-  iie.  Mass. 
tinned  sick  until  the  22^^  of  November  following,  and  was  subsisted  ixxv.,  iie. 
by  the  Pet''  praying  he  may  be  allowed  Wages  &  Subsistence  till  Mass. 
that  time.  bcxv'Yie 

Eead  And  House  Joiir. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  Public  Treas-  m',mf^^'^^^' 
ury  to  the  Petitioner  the  Sum  of  thirty  Shillings  for  Subsistence  of    • 
his  a^  Serv'  for  the  Time  mentioned.     [Passed  March  10.^ 

i  Sic. 

*  The  original  loan  to  Isaac  Parker  was  £125,  new  emission.  — Province  Laws,  xiii.,  165, 
chap.  90;  see  also  note,  Province  Laws,  xiv.,  331,  chap.  167. 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  March  3. 


472 


Pkovince  Laws  {Resolves, etc.).  — 1755-56.  [Chaps.  362-364.] 


CHAPTER    362. 


Legislative 
Records  of  the 
Council,  xxi., 
123.    Mass. 
Archives, 
Ixxv.,  248. 

Mass. 
Archives, 
Ixxv.,  247. 
House  Jour- 
nal, pp.  399, 404. 
Commissions, 
Proclamations, 
etc.,  1734-1757, 
p.  288. 


ORDER  ALLOWING  36/  1   TO  ALEX^  M^FARLAND. 

A  Petition  of  Alexander  M'^Farland  a  Soldier  in  the  late  Expe- 
dition against  Crown  Point,  shewing  that  being  come  home  upon 
Furlow  ujaon  the  Lieu'  Governours  Proclamation  he  returned  to  the 
Army;  but  by  the  Mistake  of  his  Captain  he  was  carried  out  in  the 
Muster  Poll  no  longer  than  the  Time  of  his  coming  away  upon  Fur- 
low,  praying  that  the  Eemainder  of  his  Wages  may  be  allowed  him. 

[Read  and] 

Ordered,  That  there  be  allowed  and  paid  out  of  the  Public  Treas- 
ury the  Sum  of  thirty  Six  Shillings  and  one  peny,  to  the  Petitioner, 
in  Consideration  of  the  forty  five  days  Wages  he  was  made  up  short 
in  the  Muster  Poll.     \^Passed  March  10.^ 


Mass. 
Archives, 
Ixxv.,  172. 

Executive 
Becords  of  the 
Council,  xiii., 
59.    House 
Journal,  p.  377, 


CHAPTER    363. 

ORDER  ALLOWING  £5.3.4  TO   JOHN  CLAP. 

Humbly  Sheweth  John  Clap  of  Sudbury  in  the  County  of 
Middlesex. 

That  your  Petitioners  son,  Silas  Clap,  inlisted  into,  the  expedi- 
tion against  Crown  point  under  Cap*  Sam'^  Dakin  and  being  Sick 
&  unfit  for  Duty  Returned  Home  the  16^^  Day  of  November  and 
continued  Sick  untill  the  11*^  of  Decem^  and  then  Died  your 
Petitioner  therefore  Humbly  prays  your  Excellency  and  Hon'"^  to 
grant  him  so  much  money  as  Shall  be  Sufficient  to  defrey  the 
Charges  of  his  Said  Sons  Sickness  &  funeral  according  to  the  ac- 
counts herewith  accompanying  or  otherwise  relive  your  petitioner 
as  your  Excellency  &  Hon''^  in  your  great  wisdom  See  meet  and 
your  Petitioner  as  in  Duty  bound  shall  ever  pray 

Feby  28*^  1756  John  Clap 

Read  and 

Ordered,  That  there  be  allowed  and  paid  out  of  the  Public  Treas- 
ury to  the  Pef  John  Clap  the  Sum  of  five  Pounds  three  shillings  and 
four  pence  in  full  for  his  Expences  mentioned.     \^Passed  March  10. 


CHAPTER    364. 


Legislative 
Records  of  the 
Council,  xxi., 
126.    Mass. 
Archives, 
Ixxv.,  286. 

House  Jour- 
nal, pp.  401, 402, 
403.    Ante, 
p.  395,  chap. 
173;  p.  432, 
chap.  255; 
p.  441,  chap. 
277. 


VOTE  ESTABLISHING  GARRISONS  WITH  SUBSISTENCE  ON  THE  EASTERN 
AND  WESTERN  FRONTIERS  AND  OFFERING  BOUNTY  FOR  PRISONERS 
AND   SCALPS. 

Voted,  That  for  the  Defence  of  the  Eastern  &  Western  Frontiers 
there  be  the  following  Establishment  made,  Viz* 

In  the. Eastern  Frontier 

That  Fort  Halifax  and  the  Storehouse  at  Cushnoc  be  garrisoned 
with  eighty  Men  and  no  more,  including  a  Captain,  one  Lieut*  three 
Sergeants,  four  Corporals,  one  Drumer,  one  Armourer  &  a  Chaplain. 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  March  8. 


[4th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1755-56.  473 

Fort  Brunswick  with  five  men  &  no  more  including  one  Sergeant, 

The  Truck-house  at  S'  Georges  with  Thirty  five  Men  and  no 
more  including  a  Cap'  one  Lieut'  one  Sergeant,  Two  Corporals, 
one  Drumer  and  One  Armourer 

The  Truck  house  at  Saco  with  fifteen  men  and  no  more  includ- 
ing One  Lieut'  one  Sergeant  and  One  Corporal. 

Fort  Frederick  at  Pemaquid  with  Twenty  men  and  no  more 
Including  one  Lieut'  one  Sergeant  and  one  Corporal. 

And  for  a  further  Defence  of  the  Eastern  Frontiers  a  marching 
Army  be  raised  by  Inlistment  Consisting  of  three  hundred  men 
exclusive  of  Commission  Officers,  That  they  be  Constantly  em- 
ployed in  Scouting,  and  that  their  Destination  be  as  follows.  Viz' 
That  fifty  Men  be  employed  in  scouting  from  Lebanon  to  Saco 
Eiver,  Sixty  men  from  Saco  Eiver  to  New  Boston  by  the  way  of 
Pearson  &  Hobbs's  Town  &  New  Glocester,  Ninety  Men  from  New 
Boston  to  Kennebeck  River  &  one  hundred  men  from  Franckfort 
to  the  Truck  house  at  S'  Georges  River. 

That  a  Bounty  of  Two  Dollars  be  given  to  each  Sold""  that  may 
inlist  into  the  Scouting  Service  aforesaid,  and  shall  find  his  own  Gun. 

That  there  be  but  two  Commission  Officers,  viz'  a  Cap'  and  Lieu- 
tenant to  a  Company  of  not  less  than  forty  five  men  And  for  a  Secu- 
rity to  the  Western  Frontiers 

That  there  be  Forty  Men  at  Hoosuck  &  no  more.  Thirty  whereof 
to  be  posted  at  Fort  Massachusetts,  and  Ten  at  the  west  Town- 
ship, the  Said  Ten  at  y®  West  Township  to  be  Inhabitants  of  s*^ 
Township  if  there  shall  be  so  many  Inhabitants  effective  for  the 
Service,  Alwaies  including  the  men  that  shall  have  been  Concerned 
in  building  the  Block-house  agreeable  to  the  Vote  of  this  Court  of 
the  28'^  of  JanJ"  last,  the  said  Forty  Men  including  one  Cap'  one 
Lieu'  One  Sergeant  two  Corporals,  one  Drumer,  And  a  Chaplain. 

At  Fall-Town  two  Garrisons  Sixteen  men  &  no  More,  including 
One  Sergeant  at  each  Garrison. 

At  Colerain  four  Garrisons  Thirty  men  and  no  more,  including 
one  Lieuten'  &  two  Sergeants. 

At  Cherlemont  Two  Garrison's  viz'  Taylor's  &  Hawke's,  twenty 
four  men  &  no  more  including  one  Sergeant  at  each  Garrison, 
besides  the  Encouragement  already  given  Samuel  Rice 

The  Men  now  posted  at  the  aforesaid  places  to  be  accounted  part 
of  the  said  Forces,  &  the  whole  to  be  employed  in  scouting  as  formerly 

At  Northfield  and  Greenfield  twenty  men  &  no  more,  including 
One  Sergent  at  each  place. 

At  Pontoosuck  Sixteen  Men  and  no  more,  viz'  Eight  at  Williams's 
Garrison  &  eight  at  Goodrich's  Garrison,  including  those  already 
posted  there,  the  said  Sixteen  Men  being  inclusive  of  one  Sergeant 
at  each  Garrison. 

At  Stockbridge  Sixteen  Men  &  no  more,  including  one  Sergeant 
&  one  Corporal.  The  aforesaid  men  on  the  Western  Frontiers 

to  be  under  the  Command  of  a  Captain.  &  That  there  be  an  armourer 
in  y®  Western  frontiers 

Also  that  there  be  allowed  Thirty  Men  to  be  employed  in  Scout- 
ing between  Connecticut  &  Merrimack  Rivers,  inclusive  of  one  Lieut' 
one  Sergeant  &  one  Corporal. 

And  That  there  be  a  Bounty  of  Two  Dollars  given  to  each  Sold"" 
that  shall  inlist  into  said  Service  in  the  Western  Frontiers,  and  find 
his  own  Gun,  except  those  now  in  the  Service. 

That  the  Establishment  be  for  a  Term  not  exceeding  seven  Months 
from  the  last  day  of  March  Instant,  Provided  nevertheless  that  the 


474 


Province  Laws  {Resolves,  etc.).  — 1755-56.     [Chap.  365.] 


pay  and  subsistence  of  the  Soldiers  that  may  be  enlisted  as  aforesaid 
Commence  on  the  day  of  their  enlistment,  and  that  an  Establishm* 
be  made  for  the  whole  accordingly. 

And  That  the  Subsistence  for  the  Soldiers  in  the  Western  Fron- 
tiers be  as  follows,  Viz' 

at  Pontoosuck 6/     ^  week 

at  Hoosuck 6/  8  !>  week 

at  Cherlemont,  Colerain  &  Fall-Town 5,'  4  ^  week. 

And  at  the  other  places, 4/      ^  week. 

And  that  application  be  made  to  the  Governm'  of  Conn[ecticut]  * 
to  Supply  us  with  the  Thirty  two  men,  if  they  shall  think  prop[er  for]  ' 
Stockbridge  &  pontoosuck. 

That  the  following  Bounty  be  granted  and  allowed  to  the  Sol- 
diers employed  in  the  Service  of  this  Province  in  the  Eastern  & 
Western  Frontiers,  to  be  paid  out  of  the  public  Treasury  over  and 
above  the  encouragement  aforesaid.  Viz' 

For  every  Indian  Prisoner  above  the  age  of  twelve  years  that  shall 
be  taken  &  brought  to  Boston  fifty  Pounds 

For  every  Scalp  of  an  Indian  above  twelve  years  Old,  bro't  in  as 
evidence  of  their  being  killed  forty  Pounds. 

For  every  Indian  Prisoner  under  twelve  years  old  taken  and 
brought  in  as  aforesaid  Twenty  five  pounds. 

For  every  Scalp  of  an  Indian  under  twelve  years  Old,  brought 
in  as  evidence  of  their  being  killed  as  afores*^  twenty  Pounds.  And 
this  shall  be  the  only  encouragement  for  the  Soldiers,  any  Vote  or 
Votes  of  this  Court  to  the  Contrary  notwithstanding.  {^Passed 
March  10. 


CHAPTER    365. 

VOTE  APPOINTING  PERSONS   TO    EXPLORE    THE    COUNTRY    FROM    N^  4 
TO   CROWN  POINT  &  OTTER  CREEK. 


Legislative ^^^       Whereas  it  is  of  great  Importance  that  a  thorough  Knowledge 
Council,  xxL,    be  had  of  the  Distance  &  Practicability  of  a  Communication  between 

^— Number  Four  on  Connecticut  Eiver  and  Crown  Point,  and  that 

na°i"pp.'«.Mi3-  *^^  Course  of  Otter  Creek  down  to  Lake  Champlain  should  be 
known :  Therefore 

Voted  that  His  Excellency  the  Governour  be  &  he  hereby  is 
desired  as  soon  as  may  be  to  appoint  Fourteen  Men  upon  this  Ser- 
vice, Seven  of  them  to  go  from  said  Number  Four  the  directest 
Course  to  Crown  Point,  to  measure  the  Distance  and  gain  what 
Knowledge  they  can  of  the  Country,  and  the  other  seven  to  go 
from  said  Number  Four  to  Otter  Creek  aforesaid,  and  down  said 
Creek  to  Lake  Champlain,  observing  the  true  Course  of  said  Creek, 
its  Depth  of  Water,  What  Falls  there  are  in  it,  and  all  material  Cir- 
cumstances relating  thereto;  And  also  the  Nature  of  the  Soil  on 
each  Side  thereof;  and  what  Growth  of  Wood  are  near  it,  each 
Party  of  said  Men  to  keep  a  Journal  of  their  Proceedings  &  Ob- 
servations &  lay  the  same  on  their  Return  before  this  Court ;  They 
to  observe  all  such  Directions  &  Instructions  as  they  may  receive 
from  his  Excellency;  One  Man  in  each  Party  to  be  a  skilful  Sur- 
veyor, and  the  Persons  employed  shall  have  a  reason^'®  Allowance 
made  them  by  this  Court  for  their  Service.     \^Passed  March  10. 

'  Inserted  from  Legislative  Records  of  the  Council,  xxi.,  126, 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  475 


CHAPTEK    366. 

VOTE  IMPOWERING  ISRAEL  WILLIAMS  TO  APPLY  TO  THE  GOVERNOR 
OF  CONNECTICUT  FOR  THIRTY  TWO  MEN  TO  BE  POSTED  AT  STOCK- 
BRIDGE  AND  PONTOOSUCK. 

Voted,  That  Israel  Williams  Esq""  be  and  hereby  is  impowered  ^^^^-^^g  ^j 
&  directed  to  apply  to  the  Governn'^  of  Connecticut  for  a  Supply  218.        '    "' 
of  thirty  two  Men  to  be  posted  at  Stockbridge  &  Pontoosuck  for  House  Jour- 
the  Defence  of  those  Towns,  and  also  for  their  pay  &  Subsistence.  ^ll}^'^}l~.2 
[Passed  March  10.  chap'.  364. 


CHAPTER    367. 

VOTE    ESTABLISHING    WAGES    FOR     MARCHING    FORCES    GARRISON 
OFFICERS  AND  SOLDIERS. 

Voted  That  the  following  Establishment  of  Wages  be  made  for  Legislative 
the  Officers  &  Soldiers  on  the  Eastern  Western  &  Northern  Fron-  coundf.xii.f 
tiers  for  a  Term  not  exceeding  seven  months,  from  the  last  Day  of  127.  Mass. 
March  Instant.  Viz'  ixxv.^a^^'. 


House  Jour- 

For  a  Cap'  of  the  marching  Forces      ....  £4.  16.    0.  V  month.  nal,  p.  403. 

For  one  Lieutenant 3.    4.    0       Ditto.  -^wile,  p.  472, 

For  three  Sergeants  each 1.  14.     1.      Ditto.  c\ia.T^.  364. 

For  two  Coporals  each 1.     9.  10.      Ditto. 

For  a  Centinel 1.    6.     8.      Ditto. 

And  for  the  Garrison  Officers  &  Soldiers  Viz' 

For  a  Captain £4.     0.     0    F  month 

For  one  Lieutenant 3.    0.     0.      Ditto. 

For  a  Sergeant 1.  10.     0.      Ditto 

For  a  Corp_oral 1.8.0.      Ditto 

For  a  Drumer 1.    8.    0.      Ditto 

For  a  Centinel 1.     4.    0       D" 

For  an  Amourer 3.     0.     0       Ditto 

For  a  Chaplain  at  Fort  Halifax 5.    0,    0.      Do 

[Passed  March  10. 


CHAPTER    368. 

VOTE  REFERRING  TO  BATTEAUX,  LIGHTERS,   GUARDS,  &c*,  FOR    THE 
STORES  FOR  THE   CROWN  POINT  EXPED^ 

Whereas  a  number  of  Batteaux  and  flat  bottomed  Boats  will  be  Legislative 
necessary  to  be  provided  upon  Hudson's  Eiver  for  the  Transporta-  coSndf  xxi^^ 
tion  of  Provisions  &  Stores  for  the  Service  of  the  Forces  of  this  128.  MasV. 
Government  engaged  in  the  Crown  Point  Expedition ;  to  be  made  i^^xv.7270. 
use  of  between  Albany,  and  the  Half  Moon ;  and  between  the  lower  ^^^^_ 
and  upper  Falls  called  StillWater  Archives,  ^ 

Voted  that  thirty  Battoes  be  provided  with  all  possible  dispatch  Leg^fauVe  ' 
at  Albany,  or  Such  a  number  as  may  be  judged  necessary  by  the  councff,  xx^^f 
Committee  of  this  Court  appointed  to  reside  at  or  near  said  place;  ii^-  House 
to  be  employed  in  the  Service  aforesaid  between  Albany  and  the  pp.  409, 410, 411, 
Half  Moon;  and  four  flat-bottom'd  Boats  or  as  many  as  S*^  Com-  p.^^sf^hap, 
mittee  shall  think  proper  be  built  as  soon  as  may  be  at  the  lower  282;  p.451, ' 


476  Province  Laws  (Besolves^  etc.) .  — 1755-56.     [Chap.  368.] 

chap.  307;  end  of  Still  Water  aforesaid,  to  be  there  employed  in  the  same 
353**^^' ^'^^^^  Service;  and  that  two  Companies  of  fifty  Carpenters  each  with 
proper  Tools  be  immediately  provided  and  sent  to  Albany  and  Still- 
Water  for  the  purpose  aforesaid;  one  Company  to  each  place;  who 
shall  repair,  after  having  finished  said  Battoes  &  Boats  to  Lake 
George. 

And  Whereas  it  is  necessary  that  two  small  Vessels  or  Lighters 
should  be  built  at  Lake  George  for  transporting  the  Cannon  &  war- 
like Stores  across  said  Lake ;  and  that  the  two  large  Boats  at  S*^  Lake 
should  be  finished,  and  the  Battoes  there,  or  which  shall  be  there, 
should  be  re-caulk'd  and  put  in  good  Repair 

Further 

Voted  that  another  Company  of  fifty  Carpenters  w'''  proper  Tools 
be  immediately  provided  and  sent  to  Lake  George,  to  be  employed 
in  conjunction  with  the  two  Companies  aforesaid  in  this  Service: 
and  for  the  Encouragement  of  Suitable  Persons  to  engage  in  the 
Business  above-mentioned,  they  Shall  each  of  them  be  paid  two 
shillings  per  day,  while  employed  in  Said  Business  &  the  Overseer 
of  Each  Company  not  exceeding  4/  ^  day  over  and  above  Soldier's 
pay  and  Bounty:  and  after  they  have  compleated  it,  they  shall 
incorporate  with,  and  be  made  a  part  of  the  Forces  of  this  Gov- 
ernment. And  the  Committee  of  War  in  Boston  is  hereby  directed 
to  engage  with  all  Expedition  the  said  thi-ee  Companies  of  Car- 
penters accordingly ;  and  to  provide  proper  Tools  and  materials  for 
them,  that  the  Business  aforesaid  may  be  gone  upon  and  finished 
with  the  utmost  dispatch. 

These  Companies  of  Carpenters  to  be  consider'd  as  part  of  the 
thirty  five  Hundred  Men  agreed  to  be  raised  by  this  Government 
on  the  Expedition  aforesaid ;  and  as  part  of  the  proportion  of  the 
Said  Men  which  the  respective  Militia-Companies  they  may  belong 
to,  shall  be  order'd  to  furnish. 

The  Said  Committee  of  War  are  also  directed  to  procure  six  or 
eight  whale  Boats  to  be  sent  up  to  Lake  George  to  serve  as  advice 
Boats,  and  to  provide  a  number  of  Swivel  Guns  for  the  defence  of 
these  Boats  and  of  the  Lighters  aforesaid:  and  also  a  further  num- 
ber of  Swivel  Guns  and  Blunderbusses  for  the  use  of  the  Forces 
of  this  Government  as  they  shall  judge  proper:  They  are  also 
directed  to  procure  a  suitable  quantity  of  screw'd  Hay  and  Prov- 
ender for  the  use  of  the  cattle  and  Horses  that  may  be  employed 
in  drawing  the  provisions  &c  between  Albany  &  Lake  George :  also 
Sails  Rigging  Anchors  &  Cables  for  the  Lighters  aforesaid ;  a  suit- 
able quantity  of  Rope  for  drawing  Cannon  (if  need  be)  and  a  quan- 
tity Of  Oacum  Pitch  and  other  materials  necessary  for  said  Lighters, 
and  for  caulking  and  repairing  the  Battoes  at  Lake  George,  Fort 
Edward  and  elsewhere  belonging  to  this  Government. 

And  Whereas  it  will  be  necessary  that  the  waggons  and  Battoes 
employed  in  transporting  Provisions  &c  from  Albany  to  Lake  George 
for  the  Use  of  the  Forces  of  this  Government  should  be  properly 
escorted;  and  the  Carpenters  employed  in  building  flat-bottom'd- 
Boats  at  Still  Water  should  have  a  suitable  Guard :  and  that  a  num- 
ber of  men  be  provided  for  the  Battoes  &  Boats  aforesaid 

And  whereas  Six  hundred  and  fifteen  men  including  officers  will 
be  necessary  for  this  Service 

Voted  that  his  Excellency  the  Governor  be  and  he  is  hereby 
desired  to  cause  to  be  inlisted  or  itnpressed  (as  soon  as  may  be) 
Such  a  number  of  men,  as  (including  Officers)  may  make  up  the 


[4th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1755-56.  477 

aforesaid  number  of  Six  hundred  and  fifteen,  to  repair  to  Albany 
with  the  utmost  dispatch  on  the  Service  aforesaid ;  each  of  them 
to  have  a  good  and  Sufficient  Fire  Arm  and  Accoutrements;  and 
be  subject  to  such  orders  and  Regulations  as  they  shall  receive 
from  the  Committee  appointed  by  this  Court  to  reside  at  or  near 
Albany  for  forwarding  the  Expedition  against  Crown  Point;  which 
Committee  shall  supply  said  men  with  necessary  Provision  and  am- 
munition. The  Said  number  of  men  to  have  the  Same  Encourage- 
ment as  those  who  shall  engage  in  the  aforesaid  Expedition;  and 
shall  be  consider'd  as  Part  of  the  Thirty  five  Hundred  men  agreed 
to  be  raised  by  this  Government  on  said  Expedition ;  and  as  part 
of  the  proportion  of  said  men  which  the  respective  Regiments  they 
may  belong  to,  shall  be  order'd  to  furnish. 

The  Service  and  Stations  of  the  said  615  Men,  are  left  to  the 
discretion  of  the  said  Committee  last-mentioned  to  regulate  and 
determine :  but  it  is  recommended  to  their  consideration  whether 
said  men  should  not  be  employed  in  the  manner  following     Viz 
60  Men  for  30  Battoes  to  be  employed  between  Albany  &  the  half- 
Moon 
20  Men  for  4  flat-bottom'^  Boats  in  Still-Water 
60  Men  for  30  Battoes  between  the  upper  Falls  &  Fort  Edward: 

which  number  of  Battoes  may  be  had  at  Fort  Edward. 

140 

35  Men  as  a  Guard  to  be  fixed  at  the  Half  Moon  for  the  Security 
of  the  provisions  &c  which  may  be  landed  there  out  of  the 
Battoes  from  Albany 

50  Men  as  a  Guard  to  be  fixed  or  stationed  at  the  lower  End  of 
Still  Water  for  security  of  the  Provisions  &c  discharged  there 
out  of  the  waggons,  to  be  put  on  board  the  flat-bottom**  Boats. 

50  Men  as  a  Guard  to  march  on  each  side  the  River,  the  length 
of  StillWater  to  Secure  y®  flatbottom"^  Boats  &  Carpenters  at 
work  there. 

75  Men  as  a  Guard  to  be  stationed  at  the  upper  End  of  Still- 
Water,  to  Secure  y®  Provisions  &c  landed  there  out  of  the 
flat-bottom"^  Boats. 

50  Men  as  a  Guard  to  march  from  Still  Water  to  the  upper  End 
of  the  upper  Falls  to  Secure  the  Waggons. 

75  Men  as  a  Guard  to  be  stationed  at  the  upper  End  of  the  upper 
Falls  to  Secure  y®  provisions  discharg**  from  y®  Waggons,  to 
be  put  on  board  the  Battoes. 

50  Men  as  a  Guard  to  march  from  s*^  Falls  up  to  Fort  Edward  on 

each  Side  the  river,  to  secure  the  Battoes  going  up  &  returning. 

515 

100  Men  as  a  Guard  to  march  between  Fort  Edward  &  Lake  George 

to  secure  the  Waggons. 

615 

And  after  all  the  provisions  &c  are  escorted  up  to  Lake  George, 
the  said  615  Men  shall  incorporate  with  the  Forces  of  this  Govern- 
ment, excepting  one  hundred  Men,  whom  the  Committee  aforesaid 
shall  have  under  their  direction  intirely,  to  Serve  as  Guards  to  them, 
and  any  Curriers  that  may  be  appointed  between  Albany  and  Lake 
George,  or  any  other  Service  that  S^  Committee  may  judge  it  proper 
to  employ  them  in,  for  promoting  the  Expedition  aforesaid;  And 
That  his  Excellency  be  desired  to  acquaint  the  neighbouring  Gov*' 
with  these  Resolutions  of  this  Court.     \^Passed  March  10. 


478 


Province  Laws  (Besolves,  etc.).  — 1755-56.  [Chaps.  369-372.] 


CHAPTER    369. 


ORDER  DIRECTING   THE    PROVINCE    TREASURER    IN    REGARD    TO    THE 
WAGES  DUE  THE  COMMISSARIES  IN  THE   CROWN  POINT  EXPED**. 


Legislative 
Records  of  the 
Council,  xxi., 
130. 

Mass. 
Archives, 
Ixxv.,  265. 
House  Jour- 
nal, p.  409. 


Ordered  that  the  Treasurer  be  directed  not  to  pay  the  Wages  due 
to  the  several  Commissaries  in  the  late  Crown  Point  Expedition, 
before  they  shall  have  accounted  with  the  Commissary  General  for 
the  Provisions  &  Stores  received  from  this  Government,  &  also  for 
the  Presents  which  were  made  &  were  designed  for  the  Use  of  the 
Army.     IFassed  March  10. 


CHAPTER    370. 


VOTE    DESIRING    THE    CAP''    GENERAL    TO    GIVE    ORDERS    AG^'^    SOLD^^ 
ON  THE  FRONTIERS  INLISTING  INTO  ANY  OTHER  SERVICE. 


Legislative 
Records  of  the 
Council,  xxi., 
130.    Mass. 
Archives, 
Ixxv.,  284. 

House  Jour- 
nal, p.  409. 
Ante,  p.  472, 
chap.  364. 


Voted  That  his  Excellency  the  Cap*  General  be  desired  to  give 
Orders  That  such  Soldiers  as  are  now  in  the  Service  or  shall  here- 
after inlist  themselves  into  his  Majesty's  Service  on  the  Frontiers 
of  the  Province  agreeable  to  the  Establishm'  made  for  that  purpose 
the  9*  instant,  be  prevented  from  inlisting  themselves  into  any  other 
service  whatsoever,  during  the  Time  for  which  said  Establishm'  was 
made.     \^Passed  March  10. 


Legislative 
Records  of  the 
Council,  xxi., 
131.    Mass. 
Archives, 
Ixxv.,  277. 

Mass. 
Archives, 
Ixxv.,  276. 
House  Jour- 
nal, p.  405. 


CHAPTER    371. 

RESOLVE  IN  REGARD  TO  RECEIV^  THE  WAGES  OF  DEC»  SOLD^s  WITH- 
OUT LETTERS  OF  ADMINISTRATION. 

Whereas  many  Private  souldiers  of  this  Province  who  went 
upon  the  Crown  Point  Expedition,  were  killed,  or  died  in  that 
service  leaving  no  real  estate  &  but  little  more  of  Personal  Estate 
then  their  wages  therefore 

Resolved  that  in  every  such  case  the  widow  of  s*^  deceased  soul- 
dier  or  the  next  of  Kin  to  s"^  intestate  shall  &  hereby  is  impowred 
to  receive  such  wages  with  out  taking  letters  of  administration  on 
such  deceased  Persons  estate  &  that  the  Treasurer  be  hereby  directed 
to  pay  them  accordingly  They  to  be  alike  accountable  &  liable 

to  the  action  of  the  Creditors  «&  Heirs  as  if  they  had  taken  letters 
of  administration.     \^Passed  March  10. 


CHAPTER    372. 


Legislative 
Records  of  the 
Council,  xxi., 
131. 

House  Jour- 
nal, p.  413. 


VOTE  REFERRING  ALL  UNFINISHED  MATTERS. 

Voted  that  all  Matters  now  before  this  Court  and  not  passed  upon 
have  the  same  day  at  the  next  Sitting  of  this  Court.  {^Passed 
March  10. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  479 

CHAPTEK    373. 

ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury  Legislative 
to  Nathaniel  Dwight  the  Sum  of  Four  Pounds  twelve  Shillings  and  counc'if,  xxuf 
four  pence,  to  Ezekiel  Kead,  Five  Pounds  one  shilling  &  four  pence,  ^ 


To  Jabez  Carter  Four  Pounds  nine  Shillings  &  eight  pence,  To  Eben-  Mass. 
ezer  Goddard  xldministrator  on  the  Estate  of  Jonathan  Tredeway  ixxv.,  144,  i65, 
Dec**  Six  Pounds  thirteen  Shillings  and  one  penny,  To  Nathan  Goode-  leg' 210' 221' 235' 
nough  Six  Pounds  fourteen  Shillings ;  To  Samuel  Dogget  Thirty  eight  |43'246;_264;279'. 
Shillings  &  eight  pence,  To  Joseph  Evered  Three  Pounds  two  Shil-  Records  of  the 
lings  and  eight  pence.  To  Amos  Hosmer  Thirty  nine  Shillings,  To  59°^iiou^"^'' 
Thomas  Billing  Twenty  four  Shillings  and  four  pence.  To  Abner  Journal, 
Whither  Two  Pounds  nineteen  Shillings  &  nine  pence.  To  Ebenezer  Tds'.     '     '     ' 
Chamberlain  Six  Pounds  Seventeen  Shillings  and  one  penny.  To 
John  Brooks  Four  Pounds  &  eight  pence,  to  John  Killum  Four 
Pounds  eight  Shillings  &  one  penny,  To  Uriah  Tucker  Two  Pounds 
seventeen  Shillings  &  four  pence.  And  to  Ephraim  Stow  Five  Pounds 
and  4  pence  in  full  Consideration  of  the  Expences  mentioned  in  their 
several  Petitions.     [^Passed*  March  10. 


CHAPTEK    374. 

ORDER  ALLOWING  £6.  1.  8  TO  JOEL  BRADFORD. 

A  Petition  of  Joel  Bradford  shewing  that  he  was  by  Col*'  Tim-  Legislative 
othy  Euggles  appointed  Serjeant  Major  of  his  Eegiment  in  the  late  counc'n  xxi!*^ 
Expedition  against  Crown  Point,  and  as  he  has  no  Wages  carried  132.  Mass. 
out  to  him  in  any  Muster  Roll  for  his  Service,  praying  that  he  may  ixxv.7242. 
be  allowed  a  reasonable  Consideration  for  his  officiating  in  said  Trust.  House  Jour. 

Read  and  iiai,pp.406,409. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury the  Sum  of  Six  pounds  One  Shilling  &  eight  pence  in  full  of 
his  Wages  as  Sergeant  from  the  31^'  of  May  to  the  S*^""  of  Sep''  last. 
{^Passed  March  10. 


CHAPTEE    375. 

ORDER  ALLOWING  CAPTAINS  PAY  TO  JONATHAN  HOAR. 

A  Memorial  of  Jonathan  Hoar  shewing  that  he  engaged  as  an  Legislative 
Officer  in  the  late  Crown  Point  Expedition,  that  after  the  Engage-  coumsif  xxi^^ 
ment  at  Lake  George  he  received  a  Commission  from  the  General  132.  Mass. 
to  be  Lieutenant  Colonel  of  Col°  Pomroys  Regiment,  but  to  his  ixxv.72«)'. 
Surprize  found  another  Person  made  up  in  the  Muster  Roll  for  said  ^ass. 
Office ;  and  the  Memorialist  no  Wages  stated  for  his  Service,  praying  ,^^?^%®5o' 
for  Releif  from  this  Court.  House  Joiir. 

Read,  &  nai.p.407. 

Ordered,  That  the  Pef  be  allowed  Captain's  pay  in  the  late  Crown 
point  Expedition  &  that  he  be  made  up  in  the  Muster  Rolls  accord- 
ingly.    \^Passed  March  10. 


480 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  376-378.] 


CHAPTEK    376. 


Legislative 
Records  of  the 
Council,  xxi., 
132.    Mass. 
Archives, 
Ixxv.,  263. 

House  Jour- 
nal, pp.  398, 399, 
408.    Ante, 
p.  470,  chap. 
357. 


ORDER  SUBSTITUTING  SAMUEL  LIVERMORE  FOR  JOHN  LEACH  ON  THE 
COMMITTEE  OF  WAR  TO  RESIDE  AT  ALBANY. 

Ordered^  That  Sam*  Livermore  Esq"^  be  of  the  Com"'''  appointed 
to  reside  at  Albany  or  parts  Adjacent  in  Order  to  take  Care  of 
the  Transportation  of  Provisions  &  other  Stores  for  the  Use  of 
the  Forces  of  this  Province  On  the  proposed  Expedition  against 
Crown-Point,  in  the  Room  of  John  Leach  Esq""  who  has  excused 
himself  from  that  Service.     [Passed  March  10. 


Legislative 
Records  of  the 
Council,  xxi., 
132.    Mass. 
Archives, 
lxxv.,n5. 

House  Jour- 
nal, pp.  366,  377, 
378. 


CHAPTEE    377. 

ORDER  ALLOWING  £4  TO  W'  WINCHESTER. 

A  Petition  of  William  Winchester  a  Soldier  in  the  late  Expedi- 
tion against  Crown  Point  shewing  that  he  suffered  much  by  Sick- 
ness in  the  said  Service,  and  was  put  to  considerable  Expence 
therein,  Praying  that  this  Court  would  grant  him  Eeleif,  &  for 
the  Loss  of  his  Gun, 

Eead  and 

Ordered  That  there  be  allowed  and  paid  out  of  the  Public  Treas- 
ury to  the  Petitioner  the  Sum  of  four  pounds  in  Consideration  of 
his  Expence  mentioned  &  for  his  Gun  stolen  from  him.  \^Passed 
March  10. 


CHAPTER    378. 


House  Jour- 
nal, p.  392. 
Mass. 
Archives, 
Ixxv.,  227. 

House  Jour- 
nal, p.  405. 


ORDER  ALLOWING  £3.  16  TO  SAMUEL  THACHER. 

A  Petition  of  Samuel  Thacher,  Clerk  of  a  Company  of  Soldiers 
in  thelate  Crown-Point  Expedition,  setting  forth,  that  he  is  charged 
by  Capt.  William  Richards  of  Ne^ojjort,  for  his  own  Passage  and  that 
of  three  sick  Soldiers  from  New-  York  to  that  Place,  £.6  6s.  9d.  besides 
what  he  expended  for  the  said  Passage  at  New-Yorh  ;  and  praying 
an  Allowance  of  said  Charges,  according  to  the  Account  exhibited. 

[Read  and] 

Ordered  that  there  be  allowed  &  p^  out  of  [the  pu]'blic  Treas- 
ury to  the  Petitioner  Sam'^  Thacher  three  pounds  &  Sixteen  Shil- 
lings in  full  Discharge  of  the  account  Refferred  to  in  his  Petition,' 
{^Passed  March  10. 

*  Manuscript  mutilated.    Inserted  from  the  House  Journal,  p.  405. 


[4th  Sess.]     Peovince  Laws  (BesolveSy  etc.).  — 1755-56.  481 


CHAPTEE    379. 

ORDER  ALLOWING  £10  TO  EDWARD   CURTIS. 

A  Petition  of  Ediuqrd  Curtis  of  StougMon^  in  the  County  of  Q^Tif  foo"'^' 
Suffolk,  setting  forth,  that  having  received  a  Captain's  Commis-  Mass." 
sion  in  the  late  Ci'oiv7i- Point  Expedition,  he  rode  over  the  Counties  t^^^^^Sii. 
of  Plymouth  and  Bristol  to  get  his  Company  together,  and  marched  House  Jour- 
with  them  to  Albany,  where  his  Company  was  reduced,  and  incor-  nai,  p.  405. 
porated  into  other  Companies,  whereupon  he  was  obliged  to  return 
Home;  for  which  he  has  received  no  Consideration;  and  praying  that 
a  reasonable  Allowance  may  be  made  him  for  his  Trouble  and  Ex- 
pences  therein  mentioned. 

Read  & 

Ordered,  That  there  be  allowed  &  paid  out  of  the  Public  Treas- 
ury to  the  Pet'  the  Sum  of  Ten  pounds  in  Consideration  of  his 
Trouble  &  Expences  Mentioned.     \Passed  March  10.^ 


CHAPTER    380. 

ORDER  IMPOWERING  CHRISTO.  BUBIER  TO  RECOGNIZE  AS  A  RETAILER 

OF  STRONG  DRINK. 

A  Petition  of  Christopher  Bubier  of  Marblehead,  shewing  that  Legislative 
he  was  Licenced  by  the  Court  of  General  Sessions  of  the  Peace  for  councn.xxi., 
the  County  of  Essex  to  retail  strong  Liquors  in  said  Town  for  the  Archwes^^cxx. 
present  Year,  but  thro  forgetfulness  neglected  to  recognize  in  the  85. 
proper  Season,  praying  that  he  may  be  now  admitted  to  recognize:  House  Jour- 

Kead,  and  Province 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted,  as  ^hap!  21? "' ^^"^' 
that  the  Clerk  of  the  Court  of  Gen^  Sessions  of  y®  peace  for  the 
County  of  Essex  be  &  he  hereby  is  impowered  to  take  recognizance 
of  the  Pef  in  manner  as  is  by  Law  directed  for  paying  his  Excise 
&  keeping  good  Order  as  a  retailer  of  spirituous  Liquors  in  said 
Town,  the  time  for  entering  into  recognizance  for  that  purpose 
being  lapsed  notwithstanding.     \^Passed  March  30. 


CHAPTER    381. 

ORDER  ALLOWING  £4  TO  DENNIS  MORRIS. 


A  Petition  of  Dennis  Morris  shewing  that  he  was  inlisted  into  Legislative 
the  Service  against  Crown  Point  and  proceeded  so  far  as  Deerfield,  councff  xxi!** 
and  was  there  taken  sick,  and  after  a  Months  Sickness  there,  he  ise.  Mass. 
returned  home  in  a  weak  Condition,  and  was  put  to  considerable  ix^v.^s^^*- 
Expence,  and  for  as  much  as  he  is  made  up  in  no  Muster  Roll,  House  Jour- 
praying  for  a  proper  Allowance  from  this  Court.  nai,p.4i7  6ts. 

Read  and 

Ordered,  That  there  be  allowed  &  paid  out  of  the  public  Treas- 

*  Adjourned  to  March  30.     See  House  Journal,  p.  413. 


4:82 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  382,  383.] 


ury  to  Thomas  Clap  Esq^  for  the  Use  of  the  Petitioner  the  sum  of 
four  pounds  in  full  Consideration  of  his  Wages  &  Charges  men- 
tioned.    l^Passed  March  31. 


CHAPTER    382. 


Legislative 
Records  of  the 
Council,  xxl., 
136.    Mass. 
Archives,  xix., 
385. 

Mass. 

Archives,  xix., 
386.    House 
Journal, 
pp.  418,419. 
Province 
Laws,  ii.,  151, 
chap.  10. 


OEDER  IMPOWERING  BETTY  WINSLOW,  ADM^,  TO  SELL  REAL  ESTATE. 

A  Petition  of  Betty  Winslow  of  Freetown  in  the  County  of 
Bristol,  Administ^  of  the  Estate  of  John  Winslow  dec*^  setting 
forth  that  the  Personal  Estate  is  not  sufficient  to  pay  the  Debts, 
Praying  that  she  may  be  enabled  to  sell  so  much  of  the  Eeal  Estate 
as  will  be  necessary  to  pay  the  same. 

Eead  and 

Ordered^  That  the  prayer  of  this  Petition  be  so  far  granted,  as 
That  the  Pef  in  her  s"*  Capacity  of  Admin""  be  and  hereby  is  im- 
powered  to  make  sale  of  so  much  of  the  real  Estate  mentioned  as 
will  enable  her  to  pay  the  Just  Debts  of  the  s**  deceased  And  the 
Allowance  &  Charges  of  the  Admin^  mentioned,  And  to  make  and 
Execute  a  good  &  Sufficient  Deed  or  Deeds  of  Conveyance  thereof 
in  the  Law,  She  Observing  the  Directions  of  the  Law  respecting 
the  Sale  of  real  Estates  by  Executors  &  Admin"  &  giving  Sufficient 
Caution  to  the  Judge  of  probate  for  the  County  of  Bristol  to  Account 
with  him  for  the  produce  thereof.     [Passed  April  1. 


CHAPTER    383. 


ORDER  IMPOWERING   SAMi-  GRANT    TO   EXPORT  PROVISIONS  TO  NEW- 
FOUNDLAND. 


Legislative 
Records  of  the 
Council,  xxi., 
137.    Mass. 
Archives,  Ixv., 
196. 

Mass. 

Archives,  Ixv., 
195.    House 
Journal,  p.  421. 
Province 
Laws,  Hi..  866, 
chap.  7,  954, 
note. 

Ante,  p.  270, 
chap.  261. 


A  Petition  of  Samuel  Grant  of  Boston  Merch*  shewing  that  he 
is  fitting  out  a  Vessel  for  Newfoundland,  Praying  that  he  may  be 
allowed  to  export  in  her  from  hence,  Thirty  Barrels  of  Beef. 

Eead  and 

Ordered  that  the  Prayer  of  this  Petition  be  granted  and  that  the 
Pet'  have  Liberty  to  Ship  the  Provisions  within  Mentioned  aboard 
the  Sloop  Eagle  John  Doble  master:  and  that  the  Commissioner  of 
Impost  be  and  hereby  is  impowered  and  directed  to  take  Bond  of 
One  thousand  Pounds  Sterling  of  the  Petitioner  for  landing  the 
same  at  Newfoundland ;  and  that  the  Chief  Officer  of  said  Vessell 
at  his  return  make  Oath  that  the  said  provisions  were  actually 
landed  there,  and  on  his  taking  the  said  Oath  the  said  Bonds  to 
be  Cancelled.     [Passed  April  1. 


[4th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1755-56.  483 


CHAPTER    384. 

ORDER  ALLOWING   £2.  15  TO  HANNAH  COLBY. 

Ordered^  That  there  be  allowed  and  paid  out  of  y®  public  Treas-  Legislative 
ury  to  Hannah  Colby  Widow  of  Tim°   Colby  late  of  Almesbury  ^^°°Sxx*!!® 
deceased,  who  returned  home  sick  from  the  Army  raised  for  the  m.  Mass. 
late  Expedition  against  Crown  Point  &  died  soon  after,  the  Sum  ixxv.,  424. 
of  Two  pounds  fifteen  Shillings  in  full  Consideration  of  the  Doctors  House  Jour- 
Bill  &  other  Charges  arising  by  means  of  his  s**  Sickness  &  Death,  nai,  p.421. 
\_Passed  April  1. 


CHAPTER    385. 

ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treas-  Legislative 
ury  to  M'  Francis  Whipple  for  the  Use  of  Solomon  Fay  the  Sum  c^Xlf,  xxl.^ 

of  Four  Pounds  ten  Shillings,  For  the  Use  of  Phineas  Hardy  the  HL 

Sum  of  Four  Pounds  eighteen  Shillings,  For  the  Use  of  Isaac  Har-  Mass. 
rington  the  Sum  of  Six  Pounds  eighteen  Shillings,  and  for  the  Use  ixxv.^i^e^i,  les, 
of  Daniel  Warner'  the  Sum  of  Four  Pounds  two  Shillings  &  one  lollM'loliei! 
penny:    That  there  be  allowed  &  paid  to  Jeremiah  Richardson,  the  House  Joui-- 
Sum  of  Three  Pounds  Sixteen  Shillings  &  six  pence,  To  Jonathan  °* '  ^^' 
Buttrick  the  Sum  of  Thirty  one  Shillings  &  eight  pence,  and  to 
Samuel  Buttrick  the  Sum  of  Forty  eight  Shillings  and  four  pence. 
To  Joseph  Everet  the  Sum  of  Four  Pounds,  to  Isaac  Sterns  the 
Sum  of  Three  Pounds  &  four  pence,  to  Nathan  Robins  the  Sum  of 
Four  Pounds  seven  Shill^*  and  eight  pence,  and  to  Jacob  Richard- 
son the  Sum  of  Forty  Shillings  in  full  Consideration  of  their  Ex- 
pences  &c^  in  their  several  Petitions  mentioned.     \^Passed  Ajpril  1. 


CHAPTER    386. 

ORDER  ALLOWING  40/  TO  JAMES  ENDICOT. 

A  Petition  of  James  Endicot  of  Stoughton  shewing  that  his  Legislative 
Wife's  Son  Samuel  Lyon  a  Soldier  in  the  late  Expedition,  while  coSnc^xxf.^^ 
he  was  upon  Duty  was  drowned  in  Lake  George,  and  his  Gun,  139.  Mass. 
Cloaths  &  Pack  all  lost,  praying  for  such  an  Allowance  as  may  ixxv.,351. 
be  proper  to  answer  said  Loss.  House  Jour- 

Read  &  iiai,pp.42o.42L 

Ordered  That  there  be  allowed  &  paid  out  of  the  public  Treasury 
to  the  Petitioner  the  Sum  of  forty  Shillings  in  full  Consideration 
of  the  Articles  lost  in  y*  Pet°  Mentioned.     \Pas8ed  April  1. 

*  Mass.  Archives,  Ixxv.,  320,  reads,  "Warren." 


484 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  387,  388.] 


Legislative 
Records  of  the 
Couucil.xxi., 
139.    Mass. 
Archives,  xix., 
373. 

Mass. 

Archives,  xix., 
371.    House 
Journal,  p.  42'2. 
Province 
Laws,  ii.,  151, 
chap.  10. 


CHAPTEE    387. 

ORDER    IMPOWERING    RUTH    JEFFREY,   ADM^,  TO     SELL    LAND    AND 
MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Euth  Jeffry,  Widow  &  Administ^  of  the  Estate 
of  James  Jeffry  late  of  Salem  in  the  County  of  Essex  dec''  &  Guar- 
dian of  his  Minor  Children,  and  also  of  James  Jeffry  his  eldest  Son, 
setting  forth  that  the  said  James  at  his  Death  left  behind  him  a 
Writing  purporting  his  last  Will  &  Testament  written  and  signed 
by  his  own  Hand,  Praying  that  the  Judge  of  Probate  for  the  said 
County  may  be  impowered  to  hear  and  examine  all  Parties  con- 
cerned, and  (if  he  find  sufficient  Ground)  to  allow  the  said  Writing 
as  the  Will  of  the  Deceased,  and  that  this  Court  would  confirm  his 
Judgment  thereon,  or  if  that  may  be  thought  inconvenient,  that 
the  Pef  may  be  enabled  to  sell  a  Tract  of  Land  in  the  Town  of 
Wells  belonging  to  the  said  Estate  for  the  Payment  of  the  Debts. 

Eead,  and 

Order''d  that  the  Prayer  of  this  Petition  be  so  far  granted  as  that 
the  Petitioner  Euth  Jeffry,  be,  and  she  is  hereby  impower'd  (in 
her  Capacity  as  administratrix  of  the  Estate  of  the  therein  named 
Deceas'd)  to  make  Sale  of  the  Tract  of  unimprov'd  Land  in  Wells 
in  the  County  of  York,  in  said  Petition  mentioned;  for  the  most 
that  may  be;  and  to  execute  a  good  &  sufficient  Deed  or  Deeds  of 
Conveyance  of  the  same ;  She  giving  previous  Publick  notice  of  the 
intended  Sale  in  time  and  manner  as  directed  to  in  the  Law  of  this 
Province  relating  to  the  Sale  of  Lands  by  Executors  and  admin- 
istrators; and  giving  due  Caution  to  the  Judge  of  Probate  for  the 
County  of  Essex  that  the  Proceeds  of  such  Sale  be  applyed  (so  far 
as  shall  be  necessary)  to  the  Payment  of  the  said  Deceased's  just 
Debts,  and  that  the  overplus  (if  any  be)  be  disposed  of  &  distrib- 
uted among  the  Parties  interested,  in  manner  as  the  Law  directs. 
[Passed  April  1. 


CHAPTER    388. 


ORDER  GRANTING  TO  SPENCER  BENNET  LICENCE  TO  KEEP  AN  INN. 


Legislative 
Kecords  of  the 
Council,  xxi., 
140.    Mass. 
Archives,  cxl., 
375. 

Mass. 

Archives,  cxl., 
374.    House 
Journal,  p.  427. 


A  Petition  of  Spencer  Bennet  of  Salisbury  in  the  County  of 
Essex  shewing  that  he  has  removed  into  a  House  commodious  for 
the  Entertainment  of  Travellers,  Praying  that  the  Court  of  Gen- 
eral Sessions  of  the  Peace  for  said  County  may  be  impowered  to 
grant  him  a  Licence  at  their  present  Session  for  keeping  a  Tavern 
there, 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted  as 
y*  y®  Justices  of  y*  Court  of  Gen'  sessions  of  the  peace  for  the 
County  of  Essex  at  their  present  sessions  be  and  hereby  are  impow- 
ered *  (if  they  see  fit)  to  grant  the  Petitioner  a  Licence  to  keep 
an  house  of  Public  Entertainment  in  the  Town  of  Salisbury.  He 
first  Obtaining  the  Approbation  of  the  select  men  of  %^  Town,  the 
Time  for  granting  Licences  being  elapsed  notwithstanding.  {Passed 
April  2. 


'  The  words  "  at  their  present 


are  impowered"  are  underlined  in  the  original. 


[4th  Sess.]     Province  Laws  (BesolveSy  etc.).  — 1755-56.  485 


CHAPTER    389. 

ORDER  RATIFYING  AND  CONFIRMING  THE  ACTS  OF  JON^  CUTLER  CON- 
STABLE OF  OXFORD. 

A  Petition  of  Jonathan  Cutler  of  Oxford,  shewing  that  he  was  Legislative 
chosen  Constable  of  said  Town  in  March  1755,  and  took  the  Oath  counc'if, -xxi!'' 
of  Office,  but  thro'  Ignorance  neglected  to  take  the  Oath  relating  uo.  Mass. 

•  •  •  •  A.rciiiVG8  ov 

to  the  Bills  of  Credit,  and  he  fears  he  shall  meet  with  Difficulty  532.        '     '* 
more  especially  in  relation  to  the  Taxes  he  has  gathered  or  may  be  House  Jour, 
obliged  to  gather,  Praying  for  some  proper  Eeleif  from  this  Court,  prov^ncl^' 

Read  &  Laws,  lii.,  714, 

Voted  That  the  Prayer  of  the  within  Petition  be  so  far  granted  ^  '^^' 
as  that  the  doings  and  proceedings  of  the  said  Jonathan  Cutler  in 
the  office  of  Constable  for  the  Town  of  Oxford  in  the  year  1755 
be  and  hereby  are  ratified  and  Confirmed  to  be  as  good  and  Valid 
to  all  Intents  and  purposes  as  if  the  said  Jonathan  had  taken  the 
oath  by  Law  Required  relating  to  the  Bills  of  Credit  of  the  Neigh- 
bouring Governments  provided  the  said  Jon=*  in  all  other  Respects 
hath  Conformed  himself  to  y^  Directions  of  the  Law  and  that  upon 
the  said  Jon^  takeing  the  said  oath  he  be  &  hereby  is  Impowerecl  to 
Collect  such  arrears  of  Taxes  as  may  be  yet  uncolleted  in  said  Town 
of  oxford.     [Passed  April  2. 


CHAPTER    390. 

ORDER  GRANTING  TO  JOSHUA  OTIS  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Joshua  Otis  of  Scituate  shewing  that  he  is  about  legislative 
to  remove  into  a  House  in  the  said  Town  near  the  Harbour  which  council,  xxi., 
has  been  used  as  a  Tavern  for  more  than  fifty  Years,  Praying  that  ArchWesTcxi.. 
the  Court  of  General  Sessions  of  the  Peace  for  the  County  of  Plym-  379. 
outh  may  be  impowered  to  grant  him  a  Licence  at  their  next  Term.  Mass. 

Tj       1  1  Archives,  cxi., 

Read  and  378.  House 

Ordered,  That  the  prayer  of  this  Petition  be  so  far  granted  as  "Journal,  p.  425. 
that  the  Justices  of  the  Court  of  Gen'  sessions  of  y^  peace  for  the 
County  of  Plymouth  at  their  next  Term  be  and  hereby  are  im- 
powered (if  they  see  fit)  to  grant  y®  Petitioner  a  Licence  to  keep 
an  House  of  Public  Entertainment  in  the  Town  of  Scituate  He 
first  Obtaining  the  approbation  of  the  Select  Men  of  S*^  Town  the 
Time  for  granting  Licences  being  elapsed  Notwithstanding.  [Passed 
April  2. 


CHAPTER    391. 

ORDER  GRANTING  TO  W"  FOSTER  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  William  Foster  of  Boxford  shewing  that  he  has  Legislative 
lately  purchased  an  House  in  Newbury,  which  has  for  many  Years  coSncf f,  xxi!!^ 
been  used  as  a  Tavern,  and  is  Judged  by  the  Select  Men  there  neces-  mi.  Mass.  ' 
sary  to  be  so  continued,  Praying  that  the  Court  of  General  Sessions  3-^^  ""^^^' *'^*-' 


486 


Province  Laws  {Resolves,  etc.) .  — 1755-56.     [Chap.  392.] 


Mass. 

Archives,  cxl., 
372.    House 
Journal, 
pp.  425,  428. 


of  the  Peace  for  the  County  of  Essex  may  be  impowered  to  grant 
him  a  Licence  at  their  next  Term  : 

Eead  and 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted  as 
that  the  Justices  of  the  Court  of  Gen'  sessions  of  y®  Peace  for  y^ 
County  of  Essex  at  their  present  Sessions  be  and  hereby  are  impow- 
ered (if  they  see  fit)  to  grant  y**  Pet'  a  Licence  to  keep  a  house  of 
public  Entertainm*  in  y^  Town  of  Newbury,  he  first  Obtaining  y^ 
Approbation  of  y^  Select  Men  of  s*^  Town,  the  Time  for  granting 
Licences  being  elapsed  Notwithstanding.     [^Passed  April  2. 


CHAPTER    392. 


Legislative 
Records  of  the 
Council,  xxi., 
141. 

Mass. 
Archives, 
Ixxv.,  64,  65, 
66,  164, 196,  245, 
260, 278,  292,  315, 
318,331,341,342, 
343, 344,  346,  347, 
349,364,365,366, 
367,418,420,425, 
427.    House 
Journal, 
pp.  424,  425. 


ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury 
To  Timothy  Wilkins,  the  Sum  of  Three  Pounds  fourteen  Shillings, 
To  Ephraim  &  Peter  Heald  the  Sum  of  Three  Pounds  seventeen 
Shillings  &  four  pence.  To  Asa  Clarke  the  Sum  of  Three  Pounds 
four  Shillings ;  To  Jonathan  Bullard  the  Sum  of  Three  Pounds  two 
Shillings,  To  Simeon  Johnson  the  Sum  of  Four  Pounds  thirteen 
Shillings  and  six  pence.  To  Mary  Jackson  Widow  of  Daniel  Jack- 
son Dec'^  the  Sum  of  Forty  four  Shillings  and  eight  pence;  To 
Nathaniel  Carter  the  Sum  of  Forty  three  Shillings  and  four  pence, 
To  Jonas  Allen  the  Sum  of  Fifty  nine  Shillings  and  eight  pence. 
To  Nathaniel  Clark  the  Sum  of  Four  Pounds  sixteen  Shillings,  To 
William  Pattin  the  Sum  of  Forty  five  Shillings,  To  Joseph  Kemball 
the  Sum  of  Three  Pounds  seven  Shillings ;  To  Sarah  Stevens  Widow 
of  James  Stevens  dec"^  The  Sum  of  Forty  two  Shillings;  To  Ephraim 
Wood  jun''  the  Sum  of  Forty  nine  Shillings ;  To  Simeon  Wyman  the 
Sum  of  Thirty  two  Shillings,  To  John  Hemingway  the  Sum  of  Forty 
one  Shillings  &  nine  pence.  To  Peter  Rice  the  Sum  of  Twenty  Shil- 
lings ;  To  Abraham  Rice  the  Sum  of  Twenty  five  Shillings ;  To  John 
Wadsworth  the  Sum  of  Four  Pounds,  nineteen  Shillings  &  four 
pence.  To  Samuel  Blaisdell  the  Sum  of  Ten  Pounds  twelve  Shil- 
lings &  ten  pence.  To  Gideon  Colby  the  Sum  of  Three  Pounds  ten 
Shillings  and  one  penny ;  To  M"^  Francis  Whipple  for  the  Use  of 
Henry  Gasket  the  Sum  of  Forty  Shillings  and  ten  pence;  To  Wil- 
liam Growte,  the  Sum  of  Four  Pounds  sixteen  Shillings;  To  M' 
Isaac  Bonney  for  the  Use  of  Samuel  Whitman  the  Sum  of  Fifty 
nine  Shillings;  To  Nathan  Smith  the  Sum  of  Five  Pounds  nine 
Shillings ;  To  Joseph  Harvy  the  Sum  of  Thirty  six  Shillings,  and 
To  Daniel  Howard  Esq"  for  the  Use  of  Joseph  Turner  the  Sum  of 
Nine  Pounds  eleven  shillings  in  full  Consideration  of  their  Expences 
&c^  in  their  respective  Petitions  mentioned.     [.Passed  April  2. 


[4th  Sess.]     Province  Laws  [Besolves,  etc.).  — 1755-56.  487 


CHAPTER    393. 

VOTE  SUBSTITUTING  THOMAS  GREENWOOD,  ESQ,  FOR  SAMUEL  LIVER- 
MORE  ON  THE  COMMITTEE  FOR  FARMING  EXCISE  IN  MIDDLESEX 
COUNTY. 

Voted  that  Thomas  Greenwood  Esq''  be  of  the  Committee  to  Legislative 
farm  out  the  Excise  on  spirituous  Liquors  in  the  County  of  [Mid-  councif,  xLi.^^ 
dlesex  in  the  room  of]  *  Samuel  Livermore  Esq''  who  is  absent  in  the  i^a. 
Service  of  the  Governm'.^     [Passed  April  2.  Ante,Tp.i68, 

■-  ^  chap.  326. 


CHAPTER    394. 

VOTE  FOR  CONTINO  THE  INLISTMENT  OF   SOLDIERS    FOR   THE    CROWN  Legislative 

POINT  EXPEDITION.  Records  of  the 

Council,  XXI., 
142.    Mass. 

Voted  That  his  Excellency  the  Cap*^  General  be  desired  to  give  ]^^v.^\||'. 
Orders  to  the  Inlisting  Officers  for  the  intended  Crown-Point  Ex-  House  Jour- — 
pedition  to  proceed  in  their  Inlistments  for  the  said  Service,  the  nai,pp.376,432. 
Time  limitted  by  this  Court  for  that  purpose  being  elapsed  Not-  chap,  m^^' 
withstanding.     [Passed  Ajjril  3. 


CHAPTER    395. 

ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury  Legislative 
to  Capt  Ebenezer  Moulton  the  Sum  of  Nine  Pounds,  To  William  councif.xli!!^ 
Lawrence  Esq''  for  the  Use  of  Joshua  Blanchard  the  Sum  of  Four  i43. 
Pounds  five  Shillings  and  four  pence.  For  the  Use  of  Obadiah  Mass. 
Sartel  the  Sum  of  Four  Pounds  eleven  Shillings  and  four  pence,  ^^y^^nf  327 
and  for  the  Use  of  Joseph  Butterfield  the  Sum  of  Two  Pounds  |2||^'|i'||; 
sixteen  Shillings  and  four  pence.  To  Capt  Benjamin  Millekin  for  388^12', 4i3i 4u; 
the  Use  of  Ezra  Merrick  the  Sum  of  Nine  Shillings,  For  the  Use  Si:  *  n'o^Ie***' 
of  Eichard  Kemball  the  Sum  of  One  Pound  seven  Shillings,  For  "^w^s^^gg 
the  Use  of  Joshua  Kemball  the  Sum  of  One  Pound  seven  Shillings 
&  eleven  pence,  For  the  Use  of  Samuel  Walker  the  Sum  of  Six 
Shillings,  for  the  Use  of  Daniel  Jaques  the  Sum  of  Two  Pounds 
eight  Shillings,  and  for  the  Use  of  Abel  Kembal  the  Sum  of  Eigh- 
teen Shillings;  To  M""  David  Marsh  for  the  Use  of  James  Emerson, 
the  Sum  of  Three  Pounds,  and  for  the  Use  of  Samuel  Stevens  the 
Sum  of  Four  Pounds  ten  Shillings ;  To  M'^  Phineas  Hayward  for 
the  Use  of  Benjamin  Gates  the  Sum  of  Two  Pounds;  To  M''  Francis 
Whipple  for  the  Use  of  Ithamar  Bellows  the  Sum  of  Two  Pounds, 
two  Shillings  &  ten  pence,  to  Benjamin  Cobb  the  Sum  of  Seven 
Pounds  six  Shillings  &  four  pence,  to  Jacob  Tyler  the  Sum  of  Forty 
Shillings,  to  Marshal  Newton  the  Sum  of  Forty  five  Shillings  and   • 
two  pence ;  To  John  M'^Cluer  the  Sum  of  Thirty  eight  Shillings  in 
full  Consideration  of  the  Expences  mentioned  in  their  respective 
Petitions.     [Passed  April  3. 

'  Inserted  from  the  State  Library  copy,  Legislative  Records  of  the  Council,  xxi.,  142. 
'  Not  found  in  the  House  Journal. 


488 


Province  Laws  {Resolves^  etc.).  — 1755-56.  [Chaps.  396-398.] 


CHAPTEE    396. 


Legislative 
Records  of  the 
Council,  xxi., 
14S. 

House  Jour- 
nal, pp.  417, 428. 


ORDER  GRANTING  TO  THOMAS  CUSHMAN    LICENCE    TO    KEEP    AN    INN 
AND   TO  JOHN  FAUNCE  LICENCE  TO  SELL  STRONG  DRINK. 

A  Petition  of  Thomas  Cushman  &  John  Faunce  the  one  a 
Tavern''  and  the  other  a  Eetailer  in  the  Town  of  Kingstone  in 
the  County  of  Plymouth,  shewing  that  by  means  of  Sickness  they 
lapsed  the  proper  Season  of  renewing  their  Licences,  Praying  that 
the  Court  of  General  Sessions  of  the  Peace  for  said  County  may 
be  impowered  at  their  next  Term  to  Licence  the  Pet" 

Eead  & 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  granted  as  that 
the  Justices  of  the  Court  of  Gen'  Sessions  of  the  Peace  for  the 
County  of  Plymouth  be  &  hereby  are  impowered  at  their  next  term, 
if  they  see  fit,  to  grant  to  the  Pef^  Thomas  Cushman  a  Licence  to 
keep  an  House  of  public  Entertainment,  and  to  the  Pef  John  Faunce 
a  Licence  to  be  a  Eetailer  in  the  Town  of  Kingston,  they  first  obtain- 
ing the  Approbation  of  the  Select  men  of  said  Town,  the  Time  for 
granting  Licences  being  elapsed  notwithstanding.     \Pas8ed  April  3. 


CHAPTEK    397. 


ORDER  IMPOWERING  JOSHUA  WINSLOW,  ESQ«,  TO  EXPORT  PROVISIONS 

TO  SURINAM. 


Legislative 
Records  of  the 
Council,  xxi., 
143.    Mass. 
Archives,  Ixv., 
197. 

House  Jour- 
nal, p.  430. 
Province 
Laws,  iii.,  866, 
chap.  7;  9.54, 
note.    Ante, 
p.  270,  chap. 
261. 


A  Memorial  of  Joshua  Winslow  Esq""  of  Boston  Merch*  shewing 
that  he  is  fitting  out  for  a  Voyage  to  Surinam  the  Brig''^  Ordnance 
Packet  Duncan  Ingraham  Master,  Praying  that  he  may  be  permitted 
to  ship  on  board  said  Vessel  Sixty  Barrells  of  Flour,  and  fifty  Bar- 
rells  of  Beef 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  granted;  And  That 
the  Pef  have  liberty  to  Ship  the  Provisions  mentioned  on  board  the 
Brig*  Ordnance  packett  Duncan  Ingraham  Master,  and  that  y®  Com- 
missioner of  Impost  be  and  hereby  is  impowered  &  directed  to  take 
Bond  of  One  thousand  Pounds  sterling  of  the  Petitioner  for  land- 
ing the  same  at  the  Port  of  Surrinam ;  And  That  the  Chief  Officer 
of  s,^  Vessel  at  his  return  make  oath  that  y®  s''  Provisions  were 
actually  landed  there,  and  on  his  taking  the  s*^  Oath  the  said 
Bond  to  be  Cancelled.     {^Passed  April  S. 


CHAPTER    398. 


ORDER  ALLOWING  £4.  15  TO  SYLVANUS  PIERCY. 


Legislative 
Records  of  the 
Council,  xxi., 
144. 

House  Jour- 
nal, pp.  428, 430. 


A  Petition  of  Sylvanus  Piercy  of  Pontoosuck,  Praying  to  be 
allowed  his  Charge  of  Billeting  sundry  Soldiers  under  the  Com- 
mand of  Capt  Hinchman '  then  in  the  Service  of  this  Government. 

Eead  & 

^  The  House  Journal,  p.  428,  reads,  "  Capt.  Hhiman." 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  489 

Ordered  that  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  the  Pef  the  Sum  of  Four  Pounds  sixteen  Shillings  in  full 
of  the  Account  exhibited.     [^Passed  April  3. 


CHAPTER    399. 

ORDER    DIRECTING    THE    PROVINCE    TREASURER    TO    PAY    FOR    ARMS 

IMPRESSED. 

A  Certificate  of  Capt  Zaccheus  Toby  of  Dartmouth  of  a  Num-  Legislative 
ber  of  Fire  Arms  impressed  for  the  Service  of  the  late  Expedition,  counctf  xx^i*^^ 
returned  to  the  Owners,  with  the  Names  of  the  Soldiers  for  whom  u^. 
they  were  impress'd.  House  Jour- 

Read&  _  n^^,v^^'^^. 

Ordered  that  the  Treasurer  be  directed  to  pay  to  the  several  Per- 
sons mentioned  in  the  within  Certificate,  who  have  returned  the 
Guns  impressed  for  their  Use  the  several  Sums  deducted  from  their 
Wages  in  the  Muster  Roll  on  the  Account  of  the  said  Guns.  \^Passed 
April  3. 

CHAPTER    400. 

ORDER    ON    THE    MEM"    OF    THE    PROPRIETb^    qF    THE    TOWNSHIP 
GRANTED   TO  JONATHAN  POWERS  &  OTHERS. 

A  Memorial  of  the  Proprietors  in  the  Township  of  York  granted  ^®°'^|f"^^tv, 
to  Jonathan  Powers  &  others,  setting  forth  the  Obstructions  they  council,  xxi., 
have  met  with  as  to  their  Compliance  with  the  Conditions  of  their  Archi^esT' 
Grant  by  reason  of  the  Indian  War  &  otherwise,  and  the  great  cxvii.,  i-2i. 
Expences  they  have  already  been  put  to,  and  praying  that  their  Mass. 
Grant  may  be  made  absolute,  or  that  they  may  be  otherwise  re-  cx^vii!rii8. 
leived  as  this  Court  shall  judge  fit.  ^aTpp'^T^'iis 

Read  and  4i9,'43o;  43i. 

Ordered  That  the  Prayer  of  this  Memorial  be  so  far  granted  as  Laws.TL,  941, 
that  the  Grant  of  the  Lands  mentioned  therein  to  the  said  Pro-  chapilo'-^xfi 
prietors  be  and  hereby  is  made  Absolute  and  the  Tract  aforesaid  252,  chap.  288- 
Confirmed  to  the  present  Proprietors  in  Fee:  Saving  with  the  Con-  Ante,^?im,' 
ditions  &  provisoes  hereafter  mentioned;  their  lands  to  be  Subject  chap.  103. 
nevertheless  in  such  manner  to  the  payment  of  such  Rates  &  Taxes 
as  by  said  Proprietors  shall  be  duly  Assessed  for  the  defreying  y® 
Charges  of  Settling  said  Township  as  the  lands  of  the  Proprietors 
of  New  Townsliips  are  Subjected  to,  by  An  Act  of  this  Province 
made  in  the  Eleventh  Year  of  his  present  Majestys  Reign  Chap"" 
the  Second  &  by  Another  Act  Made  in  the  twelfth  Year  of  the 
same  Reign  Chap'  the  third 

Provided  Nevertheless  that  each  Proprietor  On  or  before  the 
third  day  of  October  A:d:  1756  become  bound  to  the  Treasurer 
of  this  Province  for  the  time  being  in  the  penalty  of  ten  pounds 
with  Condition  that  within  three  Years  after  the  Commencement 
of  the  next  peace  with  the  Indians  he  or  she  will  have  a  house  of 
Eighteen  feet  Square  &  Seven  feet  Stud  at  the  least  built  on  his 
or  her  Right  have  Six  Acres  of  land  Cleared  &  brought  to  english 
Grass  or  fitted  for  plowing  or  mowing  and  have  a  Protestant  Min- 
ister Settled  there. 


490 


Province  Laws  {Resolves^  etc.).  — 1755-56.  [Chaps.  401-403.] 


And  that  if  any  Proprietor  or  Proprietors  shall  not  within  that 
time  Give  bond  as  aforesaid  that  then  his  or  her  share  shall  be 
forfeited  &  Transferred  to  and  Vested  in  the  other  Proprietors  in 
such  proportions  as  shall  be  Settled  &  Agreed  Upon  by  the  Prop" 
at  their  Meeting  Legally  Warned  they  or  one  of  them  giving  bond 
in  like  manner  within  three  Months  after  with  the  same  Conditions 

Provided  also  that  if  any  Proprietor  or  Proprietors  shall  not  per- 
form the  Conditions  of  his  her  or  their  bonds  aforesaid  he  she  or 
they  shall  not  only  be  obliged  to  pay  to  the  use  of  this  Province 
the  whole  penalty  of  his  her  or  their  bonds  But  his  her  or  their 
Share  or  shares  shall  be  forfeited  &  transferred  to  and  be  Vested 
in  the  other  Proprietors  in  such  proportions  as  shall  be  Settled  & 
agreed  Upon  by  the  proprietors  at  their  Meeting  Legally  warned 
they  giving  bonds  in  manner  aforesaid  with  Conditions  to  perform 
the  same  things  within  three  Years  then  next  insuing,  [Passed 
April  S. 


CHAPTEE    401. 


Legislative 
RecordB  ol  the 
Council,  xxi., 

145.    Mivss. 
Archives,  cxi., 
382. 

Mass. 

Archives,  cxi., 
381.    House 
Journal,  p.  433. 


ORDER  GRANTING  TO  JON^  HAWKE  LICENCE  TO  KEEP  AN  INN, 

A  Petition  of  Jonathan  Hawkes  shewing  that  he  has  obtained 
the  Approbation  of  the  Select  men  of  Medford  to  keep  a  Tavern 
in  a  House  in  that  Town  which  has  for  many  Years  been  used  in 
that  Business,  Praying  that  the  Court  of  General  Sessions  for  the 
County  of  Middlesex  may  be  impowered  to  grant  him  a  Licence 
for  the  same. 

Read  and 

Ordered,  That  the  Prayer  of  this  Petition  be  granted,  And  y*  the 
s"^  Court  of  Gen>  Sessions  of  the  Peace  for  the  County  of  Midd^  be 
and  hereby  Are  impowered  at  their  s*^  next  Sitting  by  adjournm*  to 
grant  y^  Petitioner  a  Licence  (if  they  see  fitt)  accordingly.  [Passed 
April  5. 


CHAPTEE    402. 


Legislative 
Records  of  the 
Council,  xxi., 
145.    Mass. 
Archives, 
Ixxv.,  439. 

House  Jour- 
nal, p.  435. 


VOTE  THAT  100  DOLLARS  BE    PAID    TO    CAP'^   STEPHEN    WEBSTER 
ADVANCES  TO  HIS  COMPANY  OF  CARPENTERS. 


FOR 


Voted,  That  there  be  Paid  out  of  the  Public  Treasury  to  Cap* 
Stephen  Webster  the  Sum  of  One  Hundred  Dollars  for  the  use  of 
the  Men  belonging  to  his  Company  going  on  the  service  in  the 
intended  Expedition  against  Crown-point,  the  same  to  be  deducted 
out  of  their  day  Wages  as  Carpenters,  the  s**  Webster  to  be  account- 
able.    [Passed  April  5. 


CHAPTEE    403. 

ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ricordfof  the  Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury 
councu.xxi.,  to  M'^  David  Wilder  for  the  Use  of  William  Kendell  the  Sum  of  Two 
^— Pounds  five  Shillings  &  four  pence,  &  for  the  Use  of  Daniel  Hough- 


[4th  Sess.]     Province  Laws  (Besolves,  etc.).  — 1755-56.  491 

ton  forty  Shillings ;  To  Capt  Enoch  Kidder  for  the  Use  of  David  ^^^^gj^gg 
Merrill,  Three  Pounds  three  Shillings  and  ten  pence,  and  for  the  ixxy^,  3-2'a  362, 
Use  of  Steven  Merrill  Two  Pounds  five  Shillings  and  eight  pence,  ifouJe  Jour^'^" 
To  M'  John  Bradbury  for  the  Use  of  Nathaniel  Hill,  Seven  Pounds  nai,p.432. 
one  Shilling  &  ten  pence.  To  M'  Daniel  Williams  for  the  Use  of 
Nathan  Briant  twenty  Shillings ;  and  to  John  Redman  three  Pounds 
ten  Shillings  in  full  Consideration  of  the  Expences  mentioned  in 
their  several  Petitions.     [Passed  April  5. 


CHAPTEK    404. 

ORDER  ALLOWING   £148.  13.  4i    TO    DIVERS    PERSONS    FOR    THE    ENTER- 
TAINMENT OF  SOLDIERS. 

Ordered  that  there  be  allowed  and  paid  out  of  the  public  Treas-  Legislative 
ury  to  Thomas  Buckminster  Ten  Pounds  two  Shillings  and  eleven  oouncif,  xxi!)^ 
pence.  To  Abraham  Williams  Esq'  Fourteen  Pounds  eleven  shillings  i46. 
and  four  pence;  To  John  Taylor  Four  Pounds  six  Shillings,  To  House  Jour- 
Thomas  Slayton  Seven  Shillings  and  six  pence,  To  William  Scott  *^*^'  P"  ^^' 
Twenty  Pounds  fifteen  Shillings ;  To  Daniel  Haywood  Three  Pounds 
twelve  Shillings  &  ten  pence ;  To  Jonathan  Rice  Five  Pounds  twelve 
Shillings  &  five  Pence;  To  Benjamin  Eager  Twelve  Pounds  three' 
Shillings  &  five  pence.  To  Daniel  Hubbard  Nine  Pounds  seven- 
teen Shillings,  To  Thomas  Gilbert  Four  Pounds,  To  David  Wilder 
Twenty  two  Shillings  and  six  pence.  To  Aaron  Shelden  Thirty  Pounds 
nine  Shillings  &  nine  pence.  To  Luke  Brown  Fourteen  Pounds  ten 
shillings  one  farthing.  To  Moses  Marsh  Thirteen  Shillings ;  To  Robert 
Henry  Twenty  two  Shillings  and  six  pence ;  To  David  Boise,  Seven 
Shillings ;  To  Robert  Black  seven  Shillings ;  To  James  Moore  Thir- 
teen Shillings  &  six  pence.  To  James  Carter  Fifteen  Shillings;  To 
Samuel  Crook  Twenty  Shillings,  To  Daniel  Ward  Six  Pounds  one 
Shilling  &  one  penny,  one  farthing,  To  Robert  Chafflin  Four  Pounds 
three  Shillings  and  eight  pence;  To  Jabez  Beman  Thirty  nine  Shil- 
lings &  eleven  pence,  amounting  in  the  whole  to  the  Sum  of  One 
hundred  &  forty  eight  Pounds  thirteen  Shillings  and  four  pence 
half  penny,  being  in  full  Discharge  of  their  respective  Accounts  of 
Entertainment  afforded  to  Soldiers  on  their  Return  from  the  Army 
in  the  late  Crown  Point  Expedition  herew*''  exhibited.      \Fassed 
April  6. 


CHAPTER    405. 

ORDER    IMPOWERINQ    ELIZAB    FRY,  ADM^    AND    GUARDIAN,  TO    SELL 

LAND. 

A  Petition-  of  Elizabeth  Fry  Widow  of  Ebenezer  Fry  late  of  R|fo^{fs"of  tue 
Andover  dec*^  shewing  that  her  Husbands  personal  Estate  is  not  council,  xxi., 
sufficient  to  pay  the  Debts,  therefore  praying  that  as  Administ^  Archi^es^xix., 
she  may  be  impowered  to  sell  nineteen  Acres  of  his  Land  for  that  ^^ 

Use.  Mass. 

T,       T  -.  Archives,  xix., 

Read  and  38i.  House 

Ordered^  That  the  Prayer  of  y®  Pet°  be  so  far  granted  as  that  the  pp"4i6'^  418,419. 
Pef  in  her  s^  Capacity  of  Admin""  &  Guardian  be  impowered  to  make  Province 


492 


Province  Laws  {Resolves,  etc.) .  — 1755-56.     [Chap.  406.] 


Laws,  ii.,  151, 
chap.  10. 


Sale  of  the  Lands  therein  mentioned  for  y*  most  the  same  will  fetch 
&  to  make  &  Execute  a  good  &  Sufficient  Deed  or  Deeds  of  Convey- 
ance thereof  in  the  Law,  She  Observing  the  direction  of  the  Law 
respecting  Admin"  Selling  of  Lands,  She  giving  sufficient  Caution 
to  the  Judge  of  Probate  for  the  County  of  Essex  to  Account  for 
the  produce  of  the  premisses,  and  that  the  same  shall  be  disposed 
of  according  to  Law.     \^Passed  April  6.^ 


Legislative 
Records  of  the 
Council,  xxi., 
147.    Mass. 
Archives, 
lxxv.,453. 

House  Jour- 
nal, p.  434. 
Ante,  p.  4.'i4, 
Chap.  316. 


CHAPTEK    406. 

VOTE  THAT  THE  CAP'^  GENERAL  BE  DESIRED  TO  ORDER  THE  ENLIST- 
MENT OF  TWO  COMPANIES  OF  ARTILLERY,  AND  NAMING  THE  ES- 
TABLISHMENT THEREFOR. 

Whereas  in  the  Establishm*  of  "Wages  made  by  this  Court  the 
26*''  of  February  last  for  the  Officers  and  Soldiers  going  in  the  in- 
tended Expedition  against  Crown  Point;  this  Government  engaged 
to  pay  their  proportion  with  the  other  Governm*^  Concerned  in  Said 
Expedition  of  the  Wages  of  the  several  Officers  hereafter  named  at 
the  rates  following  Viz' 

One  Bombardier  who  shall  be  Capt"  of  y«  Artillery        ....  £12.  16.  0  P  m" 

"One  Lieutenant  of  the  Artillery 5.  6.  8.    D" 

A  Second  Bombardier 4.  5.  4.    Do 

Three  Bombardiers  Assistants  (each) 2.  13.  4     D° 

Sixteen  Gunners  (each) 2.  0.  0     D^ 

And  Whereas  the  Officers  above  named  are  not  Sufficient  for  man- 
aging the  Artillery  in  the  Expedition  aforesaid :  And  it  being  of  very 
great  importance  that  no  deficiency  happen  in  this  Article,  There- 
fore 

Voted,  That  his  Excellency  be  &  he  is  hereby  desired  to  give 
Orders  for  the  raising  two  Companies  for  this  Service  in  lieu  of 
the  officers  above  named  to  be  considered  as  part  of  the  Men  ordered 
to  be  raised  by  this  Governm'  for  the  Expedition  aforesaid.  And  both 
together  to  Consist  of  Two  hundred  &  twenty  one  Men  including 
officers  as  hereafter  mentioned  whose  wages  shall  be  as  follows,  Viz' 

Richard  Gridley  Esq''  Chief  Engineer  &  Commander  of  the  Train  of 

Artillery £12.  16.  0  P  Mo 

Two  Captain  Lieutenants  each 5.     6.  8  d" 

Two  first  Lieutenants  each 4.  10.  0  do 

Eight  Second  Lieutenants  each 3.  12.  0  do 

Twenty  Eight  Bombardiers  each 2.  13.  4  d" 

Forty  Gunners  each         .         . 2.     0.  0  do 

One  Hundred  &  thirty  two  Matrosses "  each 1.  16.  0  do 

One  Commissary  or  Store  keeper 4.    0.  0  do 

Four  Conductors  of  the  Stores  each 3.     0.  0  do 

One  Chirurgeon's  Mate 5.    6.  8  do 

Two  Artificers  Viz'  a  Carpenter  &  a  Smith,  each 4.    0.  0  do 

And  That  there  be  paid  a  Bounty  of  Six  Dollars  to  each  Bom- 
bardier Gunner  k  Matross'  who  shall  inlist  into  the  Companies 
aforesaid,  each  of  them  to  furnish  himself  with  a  good  Fire-Arm 
&  Accoutrements. 

And  Whereas  the  Wages  of  the  aforesaid  Officers  &  Men  will 
amount  to  Considerably  more  than  the  Wages  of  a  like  Number 
of  common  Soldiers  with  their  proper  Officers  in  the  Expedition 

1  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 

Council  the  date  is  April  7. 
^  An  artillery  man. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  493 

aforesaid  ;  it  is  expected  By  this  Governm'  that  the  other  Governm*^ 
engaged  in  Said  Expedition  will  reimburse  to  us  their  respective 
proportions  of  Such  extra  Expence:  And  the  Governor  is  desired 
to  Notify  said  Gov*-'  thereof,  that  they  may  make  provision  Accord- 
ingly.    \_Passed  April  7. 


CHAPTEE    407. 

ORDER  ALLOWING   £13.  16.  11    TO    JON'*^  FOSTER    &    OTHERS    FOR    THEIR 

EXPENCES. 

Ordered  that  there  be  allow'd  and  paid  out  of  the  public  Treas-  Legislative 
ury  to  William  Lawrence  Esq"^  for  the  Use  of  Jonathan  Foster  the  counctf,  x*xi!!^ 
Sum  of  Forty  Shillings,  for  the  Use  of  John  Swallow  Six  Pounds  i*8- 
three  Shillings  and  two  pence,  and  for  the  Use  of  David  Kemp,  House  Jour- 
two  Pounds  ten  Shillings  and  seven  pence;  To  John  Aplin  Three  Mass!' 
Pounds  ten  Shillings,  To  Samuel  Pool  thirteen  Shillings  &  two  ^^^.^^el'  369 
pence  half  penny  being  in  full  Consideration  of  the  Expences  men-  407,408,410,411. 
tioned  in  their  respective  Petitions  herewith  exhibited.     \^Passed 
April  7. 


CHAPTER    408. 

ORDER  ALLOWING  £20.  16  TO  REV°  M*  STEPHEN  WILLIAMS. 

A  Memorial  of  M""  Stephen  "Williams  shewing  that  he  undertook  i^^^^^f"'^! .u 
to  officiate  as  Chaplain  of  the  Regiment  employed  in  the  late  Expe-  council,  xxi., 
dition,  under  the  Command  of  Col°  Ephraim  Williams  (now  dec*^),  Archives, xui., 
that  by  Reason  of  CoP  Ruggles's  Regiment  being  destitute  of  a  769. 
Chaplain  he  officiated  in  that  Trust  also  the  greatest  Part  of  the  Mass. 
Time,  praying  for  a  proper  Allowance  for  his  extra  Service.  770*^  House  "'' 

Kead  and  S^&s. 

Ordered,  That  there  be  allowed  and  paid  out  of  y®  public  Treas- 
ury to  the  Pef  the  Rev"^  M'  Stephen  Williams,  The  Sum  of  Twenty 
Pounds  sixteen  Shillings  only  as  Chaplain  to  Col°  Ruggles's  Regi- 
ment in  the  late  Crown-Point  Expedition,  in  full  for  that  Service, 
his  being  made  up  in  said  Ruggles's  Muster  Roll  the  Sum  of  £59.17.8 
Notwithstanding.*     \^Passed  April  7.^ 


CHAPTER    409. 

VOTE    DESIRING    HIS    EXCELLENCY    THE    GOVERNOR    TO    APPOINT    A 

PUBLIC  FAST. 

There  being  Affars  of  the  utmost  Importance  to  this  and  Rgfor^fj^ttje 
the  other  Brittish  Governments  in  America:  Agitating  and  under  council, xxi.. 
Consideration  _  ArchiveTim-. 

Voted  that  His  Exelency  the  Governor  with  the  Advice  of  His  Till 

Majesties  Council  be  Desired  to  Appoint  a  Day  to  be  set  a  part  for  House  Jour- 

''  rlf  J  r  nal,pp.444,445, 

*  Final  action  on  this  petition  not  found  in  the  House  Journal. 

'  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  April  8. 


494: 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  410,  411.] 


Love's  Fast 
and  Thanks- 
giving Days 
of  New  Eng- 
land, p.  497. 


solemn  fasting  and  prayer;  to  be  observed  through  out  this  Prov- 
ince :  to  Humble  our  selves  Before  Allmighty  God  :  and  in  a  most 
Devout  and  sollomn  maner  send  up  our  prayers  and  supplications : 
to  the  Devine  Majesty:  to  Avert  all  those  Judgments  which  we 
most  Justly  Have  Deserved:  &  to  Continue  His  Marcies:  and  to 
perpetuate:  the  Enjoyment  of  the  Protestant  Eeligion  aMong  us: 
To  Implore  His  Protection  and  Blessing  upon  all  the  Brittish  fleets 
and  Armies :  for  the  Devine  presents  and  Blessing  in  the  Advancing 
year:  and  perticularly  that  God  would  Direct  And  succeed  us  in 
our  publi'ck  Great  and  Important  Concerns:  and  that  all  servial 
Laber  and  Kecreation  be  strictly  forbidden  on  said  Day.'  \_Passed 
April  8. 


CHAPTEE    410. 


Legislative 
Records  of  the 
Council,  xxi., 
149.    Mass. 
Archives, 
Ixxv.,  465. 

House  Jour- 
nal, p.  436. 


VOTE  ALLOWING  £3.  6.  8  TO  PETER  PORTER. 

Voted,  That  there  be  allowed  and  paid  out  of  the  publick  Treas- 
ury to  Peter  Porter  a  Soldier  in  the  late  Expedition  against  Crown 
point,  the  Sum  of  three  pounds  six  ShilP  &  eight  pence  in  full  for 
Ten  Weeks  service  which  was  omitted  in  the  Muster  Eoll  made  up 
by  Cap*  Nath^  Blake.     \^Passed  April  8. 


CHAPTEE    411. 

ORDER   ALLOWING   DIVERS    AMOUNTS   FOR   THE    ENTERTAINMENT    OF 

SOLDIERS. 


Legislative 
Records  of  the 
Council,  xxi., 
149. 

House  Jour- 
nal, p.  442. 


Ordered  that  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  the  several  Persons  following  the  Sums  affixed  to  their  re- 
spective Names  in  full  of  their  Accounts  of  Entertainment  afforded 
to  Soldiers  on  their  Return  from  the  Army  engaged  in  the  late 
Crown  Point  Expedition;  viz'  To  James  Hopkins  four  Pounds 
three  Shillings  and  six  Pence ;  To  Samuel  Glover  Five  Shil- 

lings ;  To  Abel  Cooley  Twenty  one  Shillings  and  six  pence ;  To 
Jonathan  White  Six  Shillings:  To  Joshua  Warner  Fifty  three 

Shillings  &  eight  pence :  To  John  Morgan  Five  Shillings  and  six 
pence ;  To  Eldad  Taylor  T  wenty  Pounds  twelve  Shillings :  To 
Joshua  Kellog  Three  Shillings:  To  Jonathan  Dunnel  Fourteen 

Shillings  &  three  pence :  To  Ezekiel  How  Five  Pounds  seven 

Shillings  &  eight  pence :  To  Cornelius  Jones  Thirty  four  Shil- 

lings :  To  Azariah  Dewy  Fourteen  Shillings  and  six  pence ;  To 
Joseph  Miller  Ten  Pounds  eighteen  Shillings  and  seven  pence  half 
penny.  To  Joseph  Buckminster  Seventeen  Shillings:  To 

Beriah  Rice  Thirty  one  Shillings  &  six  pence :  To  Aaron  Pay- 

son  Fifteen  Pounds  eighteen  Shillings  and  eleven  pence  three 
farthings:  To  Gamaliel  Burghart  Three  Pounds  eight  Shil- 

lings :  To  David  Shaw  Eight  Pounds  nineteen  Shillings :  To 
Abel  Bliss  forty  three  Shillings  and  six  pence:  To  Jonathan 

Shepherd  Sixteen  Shillings;  To   Jacob   White   Twenty  two 

Pounds  two  Shillings  To  John  Flag  Seventeen  Pounds  ten 

Shillings:  To  Isaac  Baldwin  nine  Pounds  six  Shillings  and 

*  The  fast  was  appointed  for  April  29,  and  was  public. 


[4th  Sess.]     Province  Laws  (Besolves,  etc.).  — 1755-56.  495 

ten  pence:  To  Aaron  King  Four  Pounds  nine  Shillings  and 

six  pence.  To  Samuel  Baldwin  one  Pounds  nineteen  Shillings 

and  one  farthing:  To  Samuel  Lynde  Six  Pounds  seven  Shil- 

lings and  eight  pence:  •  To  Nathaniel  Wolcot  Ten  Pounds  one 
shilling  and  six  pence :  To  Jonathan  Sergeant  Six  Pounds  ten 

Shillings  and  ten  pence  half  penny :  To  Eichard  Cutting  forty 

two  Shillings  and  four  pence:  To  Daniel  Harrington  Thirty 

seven  Shillings  &  six  pence :  To  John  White  Thirteen  Pounds 

seventeen  Shillings  and  eleven  pence :  To  John  Maynard  twenty 
five  Shillings :  To  Bezaliel  Eager  Six  Pounds  seven  Shillings  & 

five  pence  To  Samuel  Lock  Fifteen  Shillings;  To  Eliza- 

beth Eice  Eleven  Shillings  and  six  pence,  To  John  Burt  Thirty 
nine  Shillings  &  three  pence ;  To  William  Knox  Twelve  Shillings 
&  six  pence;  To  Elijah  Marcy  Twenty  three  Shillings  To 

Phineas  Leland  twenty  six  Shillings:  To  Daniel  Hoar  sixteen 

Shillings  &  ten  pence :  To  Moses  Hastings  Twenty  three  Shil- 

lings and  six  pence  To  Jacob  Whiple  Twelve  Shillings  and  eight 
pence :  To  Samuel  Pool  Twelve  Shillings  and  four  pence :  In 
all  ^6260. 5. 0y2.     [Passed  April  8. 


CHAPTEK    412. 

ORDER  GRANTING  TO  DANIEL  WHITE  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Daniel  White  of  Marshfield  shewing  that  he  has  Legislative 
obtained  Approbation  from  the  Select  men  of  said  Town  for  con-  counctf,  xii!)^ 
tinning  a  Tavern  in  a  House  used  by  his  Father  as  such  till  the  i5i.  Mass. 
Time  of  his  Death  in  February,  the  Petitioner  being  now  in  Pos-  377.        '      ' 
session  of  it,  Therefore  praying  that  the  Court  of  General  Sessions  Mass. 
of  the  Peace  for  the  County  of  Plymouth  may  be  impowered  to  Ije'^'^House^*'' 
grant  him  a  Licence.  Journal,  p.  443. 

Eead  And 

Ordered  That  the  Prayer  of  this  Petition  be  granted,  &  y*  the 
Court  of  Gen*  Sessions  of  the  peace  for  y®  County  of  Plymouth 
at  their  nefxt  Setting  be  and  hereby  are  impowered  to  Licence  the 
Petitioner  as  an  Innholder  (if  they  see  fitt)  in  S**  Town  of  Marsh- 
field  accordingly.     [Passed  April  8. 


CHAPTEK    413. 

VOTE  REFERRING    TO    THE    GARRISON    ARMAMENT    AND    STORES    AT 

FORT  HALIFAX. 

Voted  That  his  Excellency  the  Cap'  General  be  desired  to  order  Legislative 
as  many  of  the  officers  &  Soldiers  out  of  the  Scouting  Companies  councif,  xx^l'f 
emploied  for  the  defence  of  the  Eastern  Frontier  as  may  be  neces-  152.   Mass. 
sary  w'*"  the  Soldiers  already  Posted  at  Fort  Halifax  &  the  Store  ixxv.,46i. 
House  at  Cushnoc  to  guard  and  assist  in  Transporting  the  Provi-  House  Jour, 
sions  &  Stores  wanted  at  Fort  Halifax  from  the  Store  House  at  "fnie^-^AiC^' 

Cushnoc:  chap!  364. 

And  That  his  Excellency  be  desired  To  give  Orders  for  Supply- 
ing Fort  Halifax  with  Two  Cannon  Viz'  Nine  Pounders,  &  a  suit- 


496 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  414,  415.] 


able  quantity  of  Grape  Shot  for  the  same,  provided  they  can  be 
spared  from  any  other  Forts  or  Garrisons  within  this  Province : 

And  That  his  Excellency  be  also  desired  to  Order  a  Discharge 
of  all  the  Soldiers  posted  at  Fort  Halifax  who  have  been  in  the 
service  there  above  twelve  months,  provided  they  desire  it,  and 
That  fresh  Men  may  be  Supplied  from  the  County  of  York  in 
their  room. 

And  That  Cap'  Lithgow  be  directed  to  give  Information  of  the 
Charge  that  will  arise  on  Shingling  or  Clapboarding  the  Buildings 
there,  and  whether  it  be  the  sides  or  roofs  or  both  that  need  the 
same.     \^Passed  April  9. 


CHAPTER    414. 

RESOLVE   APPORTIONING  A  TAX  ON  TOWNS   &  DISTRICTS  BY  THE  NEW 

VALUATION. 

Whereas  the  General  Court  have  now  under  consideration  the 

making  a  new  Valuation  of  the  Estates  in  this  Province ;  and  it 

being  impracticable  to  make  it  before  the  Tax  for  the  year  1756 

shall  issue  Therefore 

House  Jo^ur-^^        Resolvecl  that  the  Proportion  of  the  several  Towns  and  districts 

239,'425,'426,439,  towards  tlic  Tax  for  the  Year  1756,  and  any  other  Year  before  a 

"'^'  new  valuation  shall  be  compleated,  shall  be  finally  adjusted  and 

setled  according  to  the  Proportion  which  the  Several  Towns  and 

Districts  within  this  Province  shall  be  set  at  in  the  next  Valuation. 

\^Passed  April  9. 


Legislative 
Records  of  the 
Council,  xxi., 
152.    Mass. 
Archives,  ciii., 
427. 


CHAPTER    415. 


ORDER  GRANTING  TO  SUSANNAH  BLAKE  LICENCE    TO    SELL    STRONG 

DRINK. 


Legislative 
Records  of  the 
Council,  xxi., 
153.    Mass. 
Archives,  cxl., 
384. 

Mass. 

Archives,  cxi., 
383.    House 
Journal,  p.  448. 


A  Petition  of  Susannah  Blake  Widow  of  John  Blake  late  of 
Boston  dec''  shewing  that  her  late  Husband  had  been  a  Eetailer 
of  Strong  Drink  in  Boston  for  many  Years  and  had  renewed  his 
Licence  for  this  present  Year  Praying  that  the  Court  of  General 
Sessions  of  the  Peace  for  the  County  of  Suffolk  may  be  impowered 
to  grant  the  Pef  a  Licence. 

Eead  and 

Ordered  That  the  Prayer  of  this  Pet°  be  so  far  granted,  as  that 
y®  Justices  of  y®  Court  of  Gen'  Sessions  of  y^  peace  for  the  County 
of  Suffolk,  be  and  hereby  are  impowered  at  their  present  Sessions 
to  grant  y®  Pef  a  Licence  to  retail  spirituous  Liquors  (if  they  see 
fit)  in  the  Town  of  Boston,  she  first  Obtaining  y®  Approbation  of 
y®  Select  Men  of  s**  Town,  the  time  for  granting  Licences  being 
elapsed  Notw'^standing.     [Passed  April  9. 


[4th  Sess.]     Province  Laws  {Resolves,  etc).  — 1755-56.  497 


CHAPTEK    416. 

VOTE  ALLOWING  PAY  AND   SUBSISTENCE  TO,  AND    AN  INCREASE  OF, 
THE  GARRISON  AT  FORT  DUMMER. 

A  Memorial  of  Capt*^  Nathan  Willard  setting  forth  the  hazardous  Legislative 
State  of  Fort  Dummer  under  his  Command,  by  Reason  of  the  small-  counc'iuxiS^ 
ness  of  the  Garrison  there,  Prayine;  for  an  addition  of  Men  to  secure  ips.  Mass. 

'  J       r>  Archives, 

it.  Ixxv.,  47-2. 

Eead  and  Inasmuchas  the  Province  of  New  Hampshire  have  &  Mass. 
still  do  neglect  to  Garrison  Fort  Dummer  which  probably  may,  if  4^^*.%n'. 
kept  up,  greatly  promote  his  Majesty's  Service  in  the  intended  Ex-  Legislative 
pedition  now  forming  against  Crown  point ;  »&  if  it  should  please  council,  xx., 
God  to  give  Success  in  that  important  Expedition,  the  marching  jo^rimf"®® 
of  his  Majesty's  Troops  from  time  to  time,  as  occasion  shall  or  pp. i34,  iso,  139, 
may  require  from  s*^  Crown  Point  to  Connecticut  Eiver  will  be 
greatly  Shorten®^,  &  S*^  Fort  Dummer  will  serve  &  be  of  great 
advantage  for  a  resting  place. 

Therefore 

Voted,  That  there  be  pay  and  Subsistence  Allowed  to  a  Sergeant 
and  three  men  from  the  fifth  of  March  last  to  the  tenth  day  of  June 
next,  and  that  there  be  pay  and  subsistence  allowed  to  six  men  more 
if  they  can  be  got  by  an  inlistment  untill  the  said  tenth  day  of  June 
next.      l^Passed  Ajjril  9. 


CHAPTER    417. 

ORDER  IMPOWERING  THE  TOWN  OF  GREENWICH  TO  ASSESS  A  TAX  OF 
ONE  PENNY  PER  ACRE  ON  ALL  LAND. 

A  Petition  of  Simon  Davis  Agent  for  the  Town  of  Greenwich  Rlford^of  the 
in  the  County  of  Hampshire  setting  forth  the  Difficulties  they  are  Council,  xxi., 
under  in  defraying  their  Ministerial  and  other  public  Charges,  and  Archives?' 
praying  that  they  may  be  impowered  to  tax  all  the  Lands  there  at  cxvii.,  i3o. 
one  penny  per  Acre  for  one  Year  for  the  End  aforesaid.  ^S"^®''/!^^:-. 

-r->        1  T  nal,  pp.441,442, 

Kead  and  4.51.    Province 

Ordered,  That  the  Prayer  of  this  Petition  be  granted;  And  That  l:^^^^:^!'-^^^' 
a  Tax  of  One  peny  f>  Acre  for  one  year  be  laid  on  all  the  Lands 
belonging  to  Said  Township  of  Greenwich,  provided  that  in  mak- 
ing &  Collecting  Such  Tax  the  directions  of  the  Law  in  such  Cases 
already  made  be  duly  Conformed  to.     [Passed  April  9. 


CHAPTER    418. 

ORDER  ALLOWING  £3,  AND  A  FURTHER  SUM  OF   £10  TO  DAVID    KEYS.  Legislative 

Records  of  the 
Council,  xxi., 

A  Petition  of  David  Keys  praying  the  Allowance  of  the  Account  154.  Mass. 
annexed  of  divers  Things  lost  at  the  Time  when  the  Petitioners  ixx^v.7467. 
Father  &  Brother  were  killed  by  the  Enemy  near  Lake  George.         ^^^ 

Read  and  kxvX. 

Ordered,  That  there  be  allowed  &  paid  out  of  y*  public  Treasury  House  Jour. 


4:98 


Province  Laws  {Resolves, etc.).  — 1755-56.  [Chaps.  419-421.] 


D*i,pp.44i,447,  to  y®  Petitioner  the  Sum  of  three  pounds  in  Consideration  of  the 
Gun  lost,  &  the  Sum  of  Ten  pounds  in  Consideration  of  y®  Mare 
impressed,  as  Mentioned  in  this  Petition.     [^Passed  A^jHI  9. 


CHAPTEE    419. 

ORDER    IMPOWERING    HENRY    BROMFIELD    AND    FORTESQUE    VERNON 
TO  EXPORT  PROVISIONS  TO  THE   WEST  INDIES. 


Legislative 
Records  of  the 
Council,  xxi., 
154.    Mass. 
Archives,  Ixv., 
200. 

Mass. 

Archives,  Ixv., 
199.    House 
Journal,  p.  452. 
Province 
Laws,  iii.,  866, 
chap.  7;  954, 
note.    Ante, 
p.  270,  chap. 
261. 


A  Petition  of  Henry  Bromfield  &  Fortesq ;  Vernon  shewing  that 
they  are  loading  the  Brigantine  Pursue  for  the  West  Indies,  Pray- 
ing that  they  may  be  permitted  to  send  a  Quantity  of  Provisions, 
as  therein  mentioned. 

Read  and 

Ordered  That  the  Prayer  of  this  Petition  be  granted  and  that  the 
Petitioners  have  liberty  to  ship  the  Provisions  mentioned  on  board 
the  Brig*  Pursue;  And  that  the  Commissioner  of  Impost  be  and 
hereby  is  impowered  and  directed  to  take  Bond  of  one  Thousand 
pounds  Sterling  of  the  Petitioner  for  landing  the  same  at  the  Port 
of  Barbadoe's  And  that  the  Chief  Officer  of  said  Vessel  at  his  return 
make  Oath  that  the  said  Provisions  were  actually  landed  there  and 
on  his  taking  the  said  Oath  the  Bonds  mentioned  shall  be  Cancelled. 
\^Passed  April  9. 


CHAPTEK    420. 


ORDER  ALLOWING  £5  TO  HOPESTILL  BENT. 


Legislative 
Records  of  the 
Council,  xxi., 
154. 

Mass. 
Archives, 
Ixxv.,  445. 
House  Jour- 
nal, p.  377. 


A  Petition  of  Hopestil  Bent  a  Soldier  in  the  late  Expedition 
against  Crown  Point  praying  that  he  may  be  allowed  the  Expences 
occasioned  by  his  Sickness  while  in  the  public  Service. 

Read  & 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury 
to  the  Pef  Hopestill  Bent  the  Sum  of  Five  Pounds  in  Considera- 
tion of  his  Expence  &  Trouble  mentioned.'     [Passed  April  9. 


CHAPTER    421. 

ORDER  ALLOWING    £100    TO    JOHN    WHEELWRIGHT,   ESQ"    COMMISSARY 

GENERAL. 


Legislative 
Records  of  the 
Council,  xxi., 
155.    Mass. 
Archives, 
Ixxv.,  139. 

Mass. 
Archives, 
Ixxv.,  137, 138. 
House  Jour, 
nal,  pp.404,443. 


A  Memorial  of  John  Wheelwright  Esq^  Commissary  General  of 
this  Province  setting  forth  the  largeness  of  the  Business  in  his  Office 
&  his  great  Trouble  &  Expence  therein,  Praying  that  some  proper 
Allowance  may  be  made  to  him  in  Consideration  thereof. 

Read  and 

Ordered,  That  there  be  Allowed  and  paid  out  of  the  public  Treas- 
ury the  sum  of  One  Hundred  Pounds  to  the  Memorialist  John  Wheel- 
wright Esq'  in  full  Consideration  of  his  Services  therein  mentioned. 
[Passed  April  9.' 

*  Final  action  on  this  petition  not  found  in  the  House  Journal. 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  April  10. 


[4th  Sess.]     Province  Laws  (Hesolves,  etc.).  — 1755-56.  499 


CHAPTEE    422. 

VOTE  DESIRING  THE  CAPT.   GENERAL  TO  IMPRESS   SOLD^^    FOR    THE 
CROWN  POINT  EXPEDITION. 

It  being  of  very  great  Importance  that  the   Army  intended  ^ford^of  the 
against  Crown  Point  should  be  in  Action  as  early  as  may  be,  and  councu.xxi., 

the  Thirty  five  hundred  Men  (inclusive  of  Officers)  ordered  to  be  — 

raised  on  the  part  of  this  Government  by  Inlistment  not  being  Archives 
compleated.  ^xv.,468. 

Voted  that  his  Excellency  the  Captain  General  be  desired  to  settle  filfords  of  the 
as  soon  as  may  be  the  Proportion  that  each  Eegiment  of  Militia  ns'^iae^'isf/'' 
within  this  Province  should  furnish  of  the  Men  ordered  to  be  raised,  House  Jour- 
as  aforesaid.  Regard  to  be  had  in  adjusting  said  Proportion  to  the  4i9,'l22i423|424| 
Number  of  Men  belonging  to  said  Regiments  respectively,  who  have  ^^^chap?'^' 
been  engaged  in  his  Majestys  Service  for  the  two  Years  last  past,  ^44. 
and  he  is  also  desired  to  issue  immediate  Orders  for  mustering  the 
several  Companies  in  all  the  Regiments,  of  this  Province  on  the 
twenty  second  Instant;  And  if  the  said  Three  Thousand  five  hun- 
dred Men  (inclusive  of  Officers)  shall  not  be  enlisted  by  that  time, 
the  Deficiency  shall  be  supplied  by  an  Impress  to  be  made  before 
the  said  Companies  be  dismissed:  those  who  have  inlisted  or  shall 
inlist  in  the  intended  Expedition  against  Crown  Point  to  be  con- 
sidered as  part  of  the  Men  which  the  Companies  they  respectively 
belong  to  shall  be  obliged  to  furnish,  according  to  the  Proportion 
to  be  settled  as  aforesaid.     And  His  Excellency  is  desired  imme- 
diately to  acquaint  the  several  Governments  engaged  in  the  said 
Expedition  with  these  Measures,  and  to  urge  them  to  come  into 
the  same,  or  other  Measures  equally  effectual  for  raising  their  re- 
spective Proportion  of  the  Forces  to  be  employed  in  the  said  Expe- 
dition, that  it  may  be  carried  into  Execution  early  &  with  Vigour. 
[Passed  April  9.^ 


CHAPTEE    423. 

ORDER  ALLOWING   £73.  9.  6  TO  THOMAS  GILBERT. 

A  Petition  of  Thomas  Gilbert  Esq""  an  Officer  in  the  late  Army  Legislative 
engaged  in  the  Expedition  against  Crown  Point  shewing  that  he  was  councff.xxi.'^^ 

at  great  Expence  in  laying  in  Provisions  for  Soldiers  transported  by  '^ 

Sea  to  Albany,  with  other  Charges  in  their  Transportation,  Praying  Mass. 
that  this  Court  would  give  Orders  for  his  Reimbursement.  cxxiv^,^425. 

T?Pflrl  Rr  House  Jour- 

Iteaa  (X  ,  <,  ,  nal,  pp. 436,441, 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury  442. 
to  the  Pef  the  Sum  of  Seventy  three  Pounds  nine  Shillings  and 
six  pence  in  full  of  what  is  due  to  him  to  ballance  his  Accompt 
exhibited.     [Passed*^  April  10. 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  April  10. 


500 


Province  Laws  {Resolves^  etc.) .  — 1755-56.  [Chaps.  424-426.] 


CHAPTER    424. 


VOTE  FOR  SENDING  SOLD««  TO  BROAD  BAY  &c\ 


Legislative 
Records  of  the 
Council,  xxi., 
155.    Mass. 
Archives, 
cxvii.,  131. 

House  Jour- 
nal, pp.'415,  445, 
446.    Ante, 
p.  472,  chap. 
364. 


In  the  House  of  Eepresent' 

Whereas  it  appears  to  this  House  necessary  for  the  Safety  of  the 
Inhabit*^  of  Broad  Bay  &  those  near  Henderson's  Fort  near  pleasant 
point  &  Burton's  Block-house  That  there  be  a  number  of  Men  ordered 
for  their  defence;  Therefore 

Voted  That  there  be  a  Detachment  of  fifteen  Men  made  from  the 
two  lowest  Scouting  Companies  on  the  Eastern  Frontiers,  to  guard 
the  Inhabitants  of  Broad  Bay  during  their  Seed  time  &  Harvest, 
And  on  other  necessary  occasions;  And  for  the  safety  of  Such 
Inhabit**  as  are  at  or  near  Henderson's  Fort  at  pleasant  point  & 
Burton's  Block  house  That  six  Men  including  a  Sergeant  be  posted 
at  each  of  those  places,  six  of  the  said  men  to  be  draughted  from 
the  Garrison  at  Fort  Frederick,  And  the  other  Six  to  be  inlisted 
from  amongst  the  said  Inhabitants ;  &  That  his  Excellency  the  Cap* 
General  be  desired  to  give  order  Accordingly :  And  That  the 

Establishment  for  the  Wages  &  Subsistence  of  said  twelve  men  be 
the  same  as  is  allowed  for  other  Garrisons  on  y^  Eastern  Frontiers 
For  the  Term  of  two  months 
In  Council 

Read  and  Concurr'd.     \^Passed  April  10. 


CHAPTER    425. 


ORDER  ALLOWING  20/  TO  ZEBAD.   JOHNSON. 


Legislative 
Records  of  the 
Council,  xxi., 
156.    Mass. 
Archives, 
Ixxv.,  348. 

House  Jour- 
nal, pp.  421, 440, 
453. 


A  Petition  of  Zebadiah  Johnson  a  Soldier  in  the  Army  employed 
in  the  Expedition  against  Crown  Point  in  the  last  Year,  praying  that 
he  may  be  allowed  for  a  Gun  he  lost  while  in  the  Service  of  this 
Province. 

Eead  and 

Ordered  That  there  be  allowed  &  paid  out  of  y*  public  Treasury 
to  y^  Pef  y*  Sum  of  Twenty  Shillings  in  full  Consid"  for  his  Gun 
mentioned.     [^Passed  April  10. 


CHAPTER    426. 


ORDER  ALLOWING  £5  TO   ISAAC   WASHBURN, 


Legislative 
Records  of  the 
Council,  xxi., 
156.    Mass. 
Archives, 
Ixxv.,  266. 

House  Jour- 
nal, p.  453. 


A  Petition  of  Isaac  Washburn  an  Ensign  in  the  late  Expedi- 
tion against  Crown  Point,  praying  that  he  may  be  allowed  the 
Charges  he  has  been  at  in  his  Sickness  while  in  the  said  Service. 

Read  And 

Ordered^  That  there  be  allowed  &  paid  out  of  the  public  Treas- 
ury the  Sum  of  five  pounds  to  the  Pef  in  full  for  his  Time  & 
Expence  mentioned.     [^Passed  April  10.^ 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  April  12. 


[4th  Sess.]     Pkovince  Laws  {Resolves,  etc.).  — 1755-56.  501 

CHAPTEK    427. 

ORDER  ALLOWING  30/  TO  LYDIA  GALE. 

A  PETiTioisr  of  Lydia  Gale  Widow  of  Thaddeus  Gale  dec^  late  Legislative 
a  Soldier  in  the  Expedition  against  Crown  Point,  praying  that  she  councu  xli!^^ 
may  be  allowed  for  a  Gun  lost  in  the  Service.  is^.  Mass. 

-o       T  T  Archives, 

Kead  and  ixxv.,  358. 

Ordered  That  there  be  allowed  &  paid  out  of  y®  public  Treasury  House  Jour- 
the  Sum  of  thirty  Shillings  to  M'  Francis  Whipple  for  the  Use  of  nai, pp. 441,453. 
the  Pef  in  full  Consideration  of  the  Gun  lost  as  mentioned  in  the 
Petition.     \^Passed  April  12. 


CHAPTER    428. 

VOTE    ESTABLISHING    THE    PAY    OF    ARMOURERS    AND    ASSISTANTS    IN 
THE  CROWN  POINT  EXPEDITION. 

Voted  That  there  be  allowed  to  each  regiment  employed  on  the  Legislative 
late  Expedition  Ag^'  Crown  point,  One  Armourer  and  an  Assist-  councif,xxi!'^ 
ant:     That  the  Sum  of  Four  pounds  ^  month  be  allowed  to  each  i57.  Mass. 
Armourer,  and  forty  Shillings  ^  month  to  each  Assistant :  Lxxv.,^475. 

That  the  said  Armourers  And  Assistants  be  directed  not  to  make  House  Jour- 
any  Charge  of  any  Work  which  has  been  done  by  them,  during  the  ^niF'v^k 
Time  of  the  s*^  Expedition,  And  that  their  Wages  Commence  from  chap',  sio. 
the  Time  of  their  Inlistment  respectively.     \^Passed  April  13. 


CHAPTER    429. 

ORDER  DIRECTING  THE  PAYMENT    OF    SERVANTS    WAGES    TO    ISAAC 

FOSTER. 

A  Petition  of  Isaac  Foster  shewing  that  his  Servant  Benjamin  Legislative 
Presbury  a  Soldier  in  the  late  Expedition  had  his  Wages  carried  councif.x'xi!!^ 
out  in  Capt  Gages  Muster  Poll,  but  for  want  of  the  Pet"  Name  i57.  Mass. 

•       •  A.rciii'vcs 

being  therein  inserted  the  Pef^  cannot  receive  the  Wages,  Praying  ixxv.,  436. 
that  this  Court  would  impower  him  to  draw  the  Wages  notwith-  Mass. 
standing  said  Omission.  bcxv'^/ls 

Eead  And  House  Jour- 

Ordered  That  the  Prayer  of  this  Petition  be  granted;  and  That 
y^  Treasurer  be  &  hereby  is  directed  to  pay  the  Petitioner  his  Said 
Servants  Wages  according  to  y*  Muster  Roll.     [^Passed  April  13. 


nal,  p.  455. 


CHAPTER    430. 

ORDER   ALLOWING    DIVERS    AMOUNTS    FOR   THE    ENTERTAINMENT    OF 

SOLDIERS. 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury  Legislative 
to  the  several  Persons  hereafter  mentioned  the  Sums  affixed  to  their  councff  xxi^^ 
Names,  in  full  Discharge  of  their  Accounts  of  Entertainment  afforded  iss. 


502 


Province  Laws  {Resolves,  etc.).  — 1755-56.     [Chap.  431.] 


House  Jour- 
nal, pp.  457, 458. 


to  Soldiers  on  their  Return  from  the  Army  employed  in  the  late  Crown 
Point  Expedition;  viz''  To  Elijah  Moor  Twenty  Shillings  and  eight 
pence;  To  Joseph  Smith  Eleven  Shillings;  To  William  Manning  Six 
Shillings  and  eight  pence,  To  Joseph  Moor  Twenty  two  Shillings  and 
two  pence ;  To  Samuel  Boyden  twelve  Shillings ;  To  Capt  Dean  three 
Shillings  and  six  pence :  To  Benjamin  Johnson  Thirteen  Shillings  and 
four  pence;  To  John  Porter  Six  Shillings  &  six  pence;  To  Nathaniel 
Smith  Six  Shillings;  To  Benjamin  Bowden  Two  Shillings  &  nine 
pence  three  farthings ;  To  Samuel  Eead  ten  Shillings  &  three  pence ; 
To  Walter  Pollard  Twenty  four  Shillings  and  six  pence;  To  Aaron 
Wood  Six  Shillings  To  John  Goldsbury  Fourteen  Shillings ;  To  Isaac 
Brown  ten  Shillings  &  eleven  pence;  To  Thomas  Stebbins  Four  Shil- 
lings ;  To  Medad  Saunderson  four  Shillings  &  six  pence ;  To  William 
Thayer  eleven  Shillings ;  To  Lydia  Norwood  Twenty  eight  Shillings 
&  eight  pence;  To  Joseph  Dewy  Seventeen  Shillings;  To  Daniel  How 
ten  Shillings  &  three  pence  half  penny:  To  Jonathan  Smith  Eigh- 
teen Shillings  &  six  pence;  To  Daniel  Mosely  Forty  nine  Shillings; 
To  Moses  Ashley  Forty  five  Shillings  &  six  pence ;  To  William  Inger- 
sol  Twenty  eight  Shillings ;  To  Samuel  Hopkins  Thirty  Six  Shillings ; 
To  John  Mosely  Forty  six  Shillings,  To  Thomas  Root  Twenty  Shil- 
lings, To  Joshua  Nichols  Eighteen  Pounds  three  Shillings  &  one 
penny  half  penny;  To  Ebenezer  Fisk  Twenty  four  Shillings  &  one 
penny ;  To  Thomas  Munroe  Four  Pounds  fourteen  Shillings  &  eight 
pence  amounting  in  the  whole  to  the  Sum  of  Thirty  eight  Pounds, 
10/  7%.     [Passed  April  13. 


CHAPTER    431. 


VOTE  ALLOWING  THE  INHABITANTS  OF  THE  DISTRICT  OF  DANVERS 

CATCH  FISH. 


TO 


Legislative 
Records  of  the 
Council,  xxi., 
158.    Mass. 
Archives, 
Ixxxvii.,  429. 

House  Jour- 
nal, pp.  445, 448. 
Province 
Laws,  ill.,  809, 
chap.  31;  838, 
note. 


A  Petition  of  the  Inhabitants  of  the  District  of  Danvers  by 
their  Select  men,  setting  forth  their  great  Dependance  upon  the 
Fish  that  might  be  taken  within  their  Bounds,  but  they  apprehend 
the  late  Law  referring  to  the  taking  Fish  in  Sceins '  forbids  their 
taking  them  in  the  proper  Season,  praying  for  Liberty  to  take  Fish 
in  Seins  *  three  or  four  days  in  a  Month,  or  be  otherwise  releived  as 
this  Court  shall  judge  meet. 
In  the  House  of  Rep* 

Read  And,  Whereas  it  is  apprehended  by  this  House  That  the 
Cove  in  the  Memorial  Mentioned  is  not  included  in  the  Design  of 
the  Law  referred  to  therein ; 

Therefore 

Voted,  That  the  Inhabit**  of  s**  District  be  and  hereby  are  allowed 
(with  the  Consent  of  their  Select  Men)  to  make  use  of  s*^  Cove  to 
their  best  Advantage 

In  Council  Read  &  Concur'd.     [Passed  April  13. 

»  Sic. 


[4th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1755-56.  503 

CHAPTEK    432. 

ORDER  ALLOWING  30/  TO  BENEDICT  WEBBER. 

A  Petition  of  Benedict  Webber  a  Soldier  in  the  late  Expedition  Legislative 
against  Crown  Point,  shewing  that  while  he  was  extreamly  sick  his  coumju.xxi.,^ 
Gun  was  stolen  from  him,  Praying  that  this  Court  would  grant  him  '^If^^^f^H^- 
the  Value  thereof :  ixxv.,  470. 

Eead  and  Mass. 

Ordered  That  there  be  allowed  to  y''  Pet'  and  paid  to  M^  Benj^  bcxv.'.Td. 
Day  for  his  Use  the  sum  of  thirty  Shillings  in  full  Consideration  ^ou^e -j^^r^^g^ 
for  his  Gun  Mentioned.     \^Pass&d  April  13.  455. 


CHAPTER    433. 

ORDER  ALLOWING  £9  TO   SIM<^  DAVIS. 


A  Petition  of  Simon  Davis  setting  forth  his  great  Sufferings  Legislative 
by  reason  of  Wounds  he  received  from  the  Enemy  while  he  was  counci^*xxi!r 
an  Officer  in  the  late  Expedition  against  Crown  Point,  praying  for  ^^^i^j^g^g^^^- 
Keleif  from  this  Court.  ixxv.,  464. 

Eead  And  Mass. 

Ordered  That  there  be  allowed  and  paid  out  of  the  public  Treas-  ^^xv!,76^3. 
ury  to  the  Pef  the  Sum  of  nine  pounds  in  Consideration  of  his  Ser-  House  Jour- 
vices  &  Sufferings  to  this  Time  mentioned.     [^Passed  April  IS.  '  ^' 


CHAPTER    434. 

VOTE    ESTABLISHING    WAGES    FOR    AN    ADJUTANT    GENERAL    &    A 
QUARTER  MASTER  GEN'-. 

Voted,  That  the  following  Establishm'  Of  Wages  be  made  for  an  Legislative 
Adjutant  General,  &  a  Quarter-Master  General  in  the  Army  now  coSncff, xli.^® 
raising  for  the  Intended  Expedition  against  Crown  Point,  &  that  '^H'^^^^^^^- 
This  Governm'  pay  their  proportionable  part  thereof,  with  the  Other  ixxv.,  477. 
Governments  Concerned  in  Said  Expedition,  Viz'  Legislative 

Records  of  the 
„,    „    „  ..       ,    Council,  xxi., 

For  an  Adjutant  General £7.  0.  0  per  Month  154.    House 

For  a  Quarter  Master  General 5.  8.  0       Ditto       Journal, 

pp.  446, 457. 

Ante,  p.  454, 

[Passed  April  13.  chap.sie. 

CHAPTER    435. 

ORDER  ALLOWING  THE  ACCOUNT  OF  SAMUEL  MILLER,  LATE  GUARDIAN 
OF  THE  PUNCAPAUG  INDIANS,  AND  DIRECTING  THE  DELIVERY  OF 
DIVERS  BONDS  TO  THE  PRESENT  GUARDIANS. 

An  Accompt  presented  by  Samuel  Miller  Esq'  one  of  the  late  Legislative 
Guardians  of  the  Puncapaug  Indians  of  Receipts  &  Disbursements  counct^xli!!^ 
for  them.  '^ . 


504 


Province  Laws  {Besolves,  etc.).  — 1755-56.  [Chaps.  436-438.] 


House  Jour- 
nal, p.  444. 
Ante,  p.  23S, 
chap.  171; 
p.  287,  chap. 
302. 


Eead  & 

Ordered  that  this  Acco'  be  allowed  &  that  the  said  Samuel  Miller 
Esq"'  be  &  hereby  is  directed  to  deliver  the  Bonds  therein  said  to  be 
in  his  Hands,  viz'  one  from  Eedman  &  Spur,  one  from  Bent  &  Pope, 
and  one  from  Jones  &  Wentworth,  to  Eobert  Spur  Esq""  &  Mess" 
Samuel  Niles  jun'^  &  Joseph  Billing  the  present  Guardians  to  the 
said  Puncapaug  Indians.     \_Passed  April  14. 


CHAPTER    436. 


VOTE  SUBSTITUTING  JOHN  CHOATE,  ESQ,  FOR  OLIVER  PARTRIDGE  ON 
THE  COMMITTEE  TO  RESIDE  AT  ALBANY,  AND  DIRECTING  ONE 
OF  THE   COMMITTEE  TO   REPAIR  TO  FORT  WILLIAM  HENRY. 


Legislative 
Records  of  the 
Oouncll,  xxi., 

160.    Mass. 
Archives, 
Ixxv.,  492. 

House  Jour- 
nal, pp.  398, 399, 
415,  460.    Ante, 
p.  470,  chap. 
357. 


Voted,  That  John  Choate  Esq""  be  of  the  Com'^®  lately  appointed 
to  reside  at  or  near  Albany  to  take  Care  of  the  Transportation  of 
Provisions  &  Stores  from  Albany  to  Lake  George  for  the  use  of  the 
Army  now  raising  for  the  intended  Expedition  against  Crown-Point, 
in  the  room  of  Oliver  Partridge  Esq''  who  has  excused  himself  from 
that  Service. 

Also  That  it  be  a  direction  to  the  s**  Com'''^  That  One  of  them 
repair  to  Fort  William  Henry  to  Take  Care  of  the  s^  Provisions  & 
Stores  as  they  shall  arrive  there.     [Passed  Ajjril  14. 


CHAPTER    437. 


Legislative 
Records  of  the 
Council,  xxi., 
161.    Mass. 
Archives, 
Ixxv.,  460. 

Mass. 
Archives, 
Ixxv.,  458. 
House  Jour- 
nal, pp.  452,  453. 


ORDER  ALLOWING  £33.  15  TO   COL^  JONATH^  BAGLEY. 

A  Memorial  of  CoP  Jonathan  Bagley  Commander  of  the  Gar- 
rison at  Fort  William  &  Henry,  setting  forth  his  great  Trouble  & 
Expence  in  Discharge  of  that  Trust,  and  praying  that  he  may  be 
allowed  for  the  same  as  also  a  proper  Sum  for  the  Expence  of  his 
Table. 

Eead  And 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury the  Sum  of  Thirty  three  pounds  fifteen  Shillings  to  the  Memo- 
rialist Jonathan  Bagly  Esq''  in  full  for  his  Table  &  other  Expences 
from  the  18""  day  of  Feb^  to  the  31"*  day  of  March  last.  [Passed 
April  14. 


CHAPTER    438. 


VOTE    APPOINTING    REV^  M^  STEPHEN    WILLIAMS    CHAPLAIN    OF    TWO 
REGIMENTS  OF  THE   CROWN   POINT  EXPEDITION. 


Legislative 
Records  of  the 
Council,  xxi., 
162.    Mass. 
Archives,  xiii., 
773. 

Mass. 

Archives,  xlii., 
769,  772. 


On  a  Motion  Made  and  Seconded  That  His  Excellency  Be  desired 
To  appoint  The  Eev^  M""  Stephen  Williams  of  Springfield  to  act 
as  a  Chaplain  in  y^  Intended  Expedition  to  Crown  Point  Both  To 
the  Eegim*  of  Col.  Dwight  and  also  to  Col  Euggles's  Eeg'^  For  that 
both  s**  CoP  and  many  other  officers  of  s*^  Eegim*^  are  very  desirous 
thereof  And  Also  that  this  Court  would  make  provision  for 


[4th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1755-56.  505 

Some  Extra  Allowance  to  s*^  M'  Williams  In  Case  he  Should  be  House  Jour- 
appointed  to  Officiate  as  afores'^  ^nte,'^°ik, 

Voted  That  His  Excellency  Be  Desired  To  appoint  s"^  M'  Williams  chap'.aie. 
to  officiate  to  both  s'^  Regim"  as  afores*^  And  That  in  Case  His  Excel- 
lency Shall  see  meet  to  do  the  same,  That  &^  W  Williams  be  Allowed 
the  sum  of  five  pounds  lawfull  money  p""  month  over  and  Above  the 
sum  Already  Established  as  the  pay  of  a  Chaplain  to  a  Single  regim' 
during  y*"  Time  that  he  Shall  Actually  Officiate  as  Chaplain  to  both 
s^  Regim"  The  better  to  Enable  him  to  Supply  his  Pulpit  in  his 
Absence.     \^Passed  April  14. 


CHAPTER    439. 

VOTE  IMPOWERING  THE  ASSESSORS  OF  THE  TOWN  OF  BROOKLINE  TO 
ISSUE  A  WARRANT  TO  ISAAC   CHILDS,  JUN^,  TO   COLLECT  TAXES. 

A  Petition  of  Isaac  Child '  shewing  that  he  was  chosen  a  Con-  Legislative 
stable  in  the  Town  of  Brooklyn  for  the  Year  1751.  that  he  had  a  ^Xoii' xxV^ 
List  of  the  Taxes  for  that  Year  delivered  to  him  by  the  Assessors,  les.   Mass. 
a  great  part  of  the  Inhabitants  paid  him  voluntarily,  and  he  sup-  534?  ^^  ^'  *^^" 
posed  none  of  the  Rest  of  the  Inhabitants  would  have  needed  Com-  Mass. 
pulsion,  but  now  finding  it  otherwise,  therefore  praying  that  this  f^^^^^^^^'' 
Court  would  authorize  the  present  Assessors  of  said  Town  to  issue  Journal,  p.  469. 
a  Warrant  for  his  collecting  the  Taxes  unpaid. 

Read  and 

Voted,  That  the  prayer  of  this  Petition  be  granted  And  That  the 
present  assessors  for  the  Town  of  Brooklyne  be  &  hereby  are  author- 
ized and  impowered  to  issue  a  Warrant  to  the  Pef  Isaac  Childs  jun"" 
in  the  usual  Form  to  Collect  y^  Taxes  in  y**  List  mentioned  which 
remain  unpaid,  And  that  said  Warrant  &  the  executing  of  it  shall 
be  good  and  valid  in  Law  to  Oblige  the  delinquents  to  pay  their 
said  Taxes.     [Passed  April  15. 


CHAPTER    440. 

RESOLVE  THAT  £300  BE  ALLOWED  THE  CHIEF  COMMANDING  OFFICER 
OF  THE  INTENDED  EXPEDITION  AGAINST  CROWN  POINT,  AND  £400 
ADVANCED  TOWARDS  HIS  PAY,  AND  ALSO  VOTED  THAT  THE  SAID 
TOTAL  SUM  OF  £700  BE  APPORTIONED  AMONG  THE  SEVERAL  GOV- 
ERNMENTS. 

Resolved  that  it  is  the  opinion  of  this  Court  that  the  Sum  of  ^for^fof  the 
three  hundred  pounds  be  allowed  to  the  chief  commanding  Officer  councu,  xxi., 
of  the  forces  now  raising  for  the  intended  Expedition  against  Crown  Archives?' 
point  to  provide  for  the  Expence  of  his  table;  &  that  the  sum  of  ixxv., 484. 
four  hundred  pounds  be  advanced  towards  his  pay  &  in  case  of  his  ^sisiative 
death  before  his  arrival  with  the  Army  at  Lake  George  so  much  of  council,  xxi., 
said  sum  of  £400  as  shall  be  over  &  above  his  Pay  from  the  several  jo^,ir^?,"®® 
Governments  concerned  until  that  time  shall  be  repaid  by  his  Heirs  pp.  4-2i,46o. 
Executors  or  Administrators  to  each  Government  in  proportion  also 

Voted  that  the  sum  of  three  hundred  pounds  be  advanced  by  this 

*  The  petition  in  Mass.  Archives,  cv.,  533,  and  the  House  Journal,  p.  469,  reads, 
Isaac  Childs,  Junr. 


506 


Province  Laws  (Hesolves,  etc.).  — 1755-56.     [Chap.  441.] 


Province  as  part  of  said  Seven  hundred  pounds  &  the  same  is  accord- 
ingly granted  &  allowed  to  be  paid  out  of  the  Publick  Treasury  to 
such  Commanding  Officer  for  the  purposes  aforesaid  the  just  pro- 
portion of  each  Government  to  said  sum  of  seven  hundred  pounds 
to  be  hereafter  settled  together  with  the  other  charges  of  the 
Expedition. 

Voted  also  that  the  consideration  of  wages  or  allowance  for  Ser- 
vice to  said  Commanding  Officer  be  hereafter  considered  and  the 
Secretary  is  directed  to  transmit  a  copy  of  this  Vote  to  the  several 
Governments  as  soon  as  may  be.     [Passed  April  IS. 


CHAPTER    441. 


Legislative 
Records  of  the 
Council,  xxl., 
161.    Mass. 
Archives,  xix., 
377. 

Mass. 

Archives,  xix., 
374,  375,  376. 
House  Jour- 
nal, pp.  374, 383, 
391,  458.    Prov- 
ince Laws,  ii., 
151,  chap.  10. 


ORDER  IMPOWERING  JOSHUA  WALKER,  ADM^,  TO  SELL    REAL    ESTATE 
AND  MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Joshua  Walker  Adminisf  of  the  Estate  of  Cap' 
John  Eead  dec*^  shewing  that  it  is  necessary  to  sell  part  of  the  Eeal 
Estate  for  the  Payment  of  the  Debts,  &  he  apprehends  it  will  be 
most  for  the  Benefit  for  all  concerned  to  have  the  whole  sold,  there- 
fore Praying  for  Power  to  sell  the  whole  Real  Estate  accordingly. 

Read,  And,  at  the  desire  of  all  the  Parties, 

Ordered  That  the  Persons  named  in  the  Petition,  upon  their  being 
first  duly  Sworn,  be  and  they  hereby  are  impowered  to  make  parti- 
tion of  the  Lands  within  mention'd  to  and  among  the  Partners; 
And  that  Such  Partition,  being  exhibited  to  the  Justices  of  the 
Superiour  Court,  of  Judicature,  and  approv'd  of  by  them,  and 
recorded  in  their  Clerk's  office.  Shall  be  valid  and  effectual  in  Law 
to  all  intents  and  purposes 

And  it  is  further 

Ordered  That  the  Petitioner,  in  his  Capacity  within  mention'd, 
be  and  hereby  is  impowered  to  make  Sale  of  the  whole  of  the  deced's 
Real  Estate,  Saving  the  widow's  Right  of  Dower  therein,  and  to 
execute,  in  due  form  of  Law,  a  Deed  or  Deeds  for  the  Conveyance 
thereof  to  Such  Person  or  Persons  as  Shall  give  most  for  the  Same ; 
and  that  the  Produce  of  the  Premises  be  applied  towards  the  pay- 
ment of  the  deceaseds  just  Debts ;  and  the  Overpluss,  if  any  there 
be,  divided  among  his  Heirs,  as  the  Judge  for  the  Probate  of  Wills 
&c  for  the  County  of  Middlesex  Shall  order,  pursuant  to  Law;  Pro- 
vided before  Such  Sale  be  made,  the  Pef  observe  the  Directions  of 
the  Law  relating  to  Executors  and  Admin"  Sale  of  Real  Estates, 
and  That  he  give  Sufficient  Security  to  the  Said  Judge  for  apply- 
ing the  Said  Produce  in  manner  as  aforesaid.     [Passed  April  16.^ 

1  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  April  14. 


[4th  Sess.]     Province  Laws  {^Resolves,  etc.).  — 1755-56.  507 

CHAPTER    442. 

ORDER  ON  PET^  OF  THE  MANAGERS  OF  TETTICUT  LOTTERY. 

A  Petition  of  Ephraim  Keith  for  himself  and  the  other  Man-  Legislative 
agers  of  the  Lottery  for  raising  a  Sum  for  bnilding  a  Bridge  at  councif.xxi.,^ 
Tetticut,  shewing  that  they  have  proceeded  therein  in  preparing  ^rchf^es^^'^^^' 
for  drawing  the  said  Lottery  so  far  as  to  dispose  of  near  half  the  ixxxviii.' 48. 
Tickets  but  have  been  hindered  by  Sickness;  and  whereas  the  Time  Mass. 
for  drawing  is  at  hand,  Praying  that  this  Court  would  consider  and  tocxvifu,'47. 
determine  upon  some  proper  Way  for  their  Releif .  nai"^^ '^mhz 

The  Committee  appointed  to  take  into  Consideration  the  Petition  province 
of  Ephraim  Keith  in  behalf  of  the  Managers  of  a  Lottery  for  the  ^^^^^:if^^bls, 
building  a  Bridge  over  Tetticut  River,  so  called,  having  met  the  note, 
said  Managers  &  considered  of  the  Difficulties  they  labour  under 
respecting  the  Disposal  of  the  Tickets  for  said  Lottery,  report  that 
the  Scheme  of  said  Lottery  be  altered  in  the  following  Manner  in 
order  to  finish  and  compleat  the  same.  viz.  that  there  be 

Three  Ditto  of  £40  each     .        .        .  £120 

Seven  ditto  of  £20  each      .        .        .  £140 

Twenty  ditto  of  £5  each      .         .        .  £100 

Six  hundred  &  thirty  ditto  of  £1  each.  £630 

In  all  £1,450         And  that  the  Number  of  Blanks  be  proportioned 

to  the  said  Prizes  as  in  the  Scheme  published  by  said  Managers,  and 

the  Deduction  of  Ten  per  Cent  only  be  made  from  the  above  Prizes 

for  the  Charge  of  building  said  Bridge:  Which  is  humbly  submitted: 

By  Order  of  the  Com*^^  George  Leonard. 

Read  and  accepted  and 

Ordered  That  the  said  Scheme  be  and  hereby  is  allow'd  accord- 
ingly.    [^Passed  April  16.^ 


£ 

One  Prize  of  125. 

.   £125. 

Three  ditto  of  £25  each    . 

.        75 

Eleven  ditto  of  £10  each  . 

.      110. 

Fifty  ditto  of  £3  each 

.      150. 

CHAPTER    443. 

VOTE   IN  REGARD   TO   PREVENTING    THE    DESTRUCTION    OF    FISH    IN 
MERRIMACK  RIVER. 

Whereas  it  is  apprehended  of  great  Importance  to  prevent  y®  Legislative 
destruction  of  fish  as  they  pass  up  the  Rivers  to  their  Natural  Ponds  councn.xxi.,^ 
to  Cast  their  Spawn,  for  which  End  several  Laws  now  in  force  have  Archi^es^^' 
been  passed  by  this  Governm'        And  the  Inhabitants  situated  near  ixxxvii.,'430. 
the  River  Merrimack  who  live  in  the  Governm*  of  New  Hampshire  House  Jour- 
are  under  no  restraint  as  to  their  Catching  fish  therein,  which  may  nai.PP-'*63,464. 
prove  of  public  Damage;  Therefore 

Voted  That  the  Commander  in  Chief  of  this  Province  be  desired 
to  write  to  the  Government  of  New  hampshire,  moving  them  to  take 
the  same  or  other  effectual  Measures  to  prevent  their  Inhabitants 
from  destroying  the  fish  as  they  pass  up  the  s*^  River  Merrimack. 
\^Passed  April  16.' 

1  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  April  15. 

»  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  April  15. 


508 


Province  Laws  {Eesolves,  etc.).  — 1755-56.  [Chaps.  444,  445.] 


Legislative 
Records  of  the 
Council,  xxi., 
165.    Mass. 
Archives,  xix., 
393. 

Mass. 

Archives,  xix., 
391.    House 
Journal, 
pp.  342,  470. 


CHAPTEK    444. 

RESOLVE  IMPOWERING  THE   JUDGE  OF  PROBATE  FOR  THE  COUNTY  OF 
SUFFOLK  TO  DISTRIBUTE  AN  INSOLVENT  ESTATE. 

A  Petition  of  Thomas  James  Grutchy  of  Boston  Merch*  shew- 
ing that  he  was  appointed  Executor  of  tlie  last  Will  &  Testament 
of  Edward  Dumaresque  jim''  of  Boston  Merch*  dec''  and  as  such 
represented  his  Estate  insolvent  whereupon  Commissioners  were 
appointed  by  the  Judge  of  Probate  to  receive  y^  Creditors  Claims, 
and  return  thereof  by  them  made  to  the  said  Judge,  since  which 
he  finds  upon  setling  his  Acco*^  a  considerable  Debt  due  from  said 
Estate  to  himself  which  he  was  intirely  ignorant  of  before.  Praying 
that  this  Court  would  impower  the  same  or  other  Commissioners  to 
receive  his  said  Claim  &  report  thereupon. 

[Eead  and] 

Resolved  that  y''  s*^  Judge  of  Probate  be  enabled  to  commit  y*  s^ 
Demand  to  y*  afores''  Commissioners,  and  they  impowr'd  to  examine 
it  and  report  thereon,  and  y'  the  s**  Judge  be  authoriz'd  if  needfull 
to  distribute  y^  s*^  Estate  amongst  y''  Creditors  accordingly.  \^Passed 
April  16. 


CHAPTER    445. 


Legislative 
Records  of  the 
Council,  xxi., 
166. 

Mass. 
Archives, 
Ixxv.,  86,  205, 
223,224,226,321, 
324, 325,  .326,  334, 
335, 336, 339,  374, 
375,  376,  377, 
377",  378,  386, 
387,  396, 399, 401, 
403,  404, 428,  443, 
444,446.    House 
Journal, 
pp.  458,  459. 


ORDER  ALLOWING  SUNDRY  AMOUNTS   TO  DIVERS  PERSONS. 

Ordered  that  there  be  allowed  &  paid  out  of  the  publick  Treas- 
ury to  Josiah  Dwight  Esq''  for  the  Use  of  Samuel  Warner,  fifteen 
Shillings  &  four  pence,  for  the  Use  of  Daniel  Chandler  One  Pound 
fifteen  Shillings  and  eight  pence,  for  the  Use  of  Daniel  Burt,  One 
Pound  eleven  shilings ;  for  the  Use  of  Ebenezer  Morgan,  Five  Pounds 
eighteen  shillings  and  two  pence,  for  the  Use  of  Aaron  Alvord,  One 
Pound  seventeen  Shillings  &  nine  pence,  for  the  Use  of  Henry  Badger, 
Five  Pounds  three  Shillings  &  two  pence,  for  the  Use  of  Paul  Lang- 
don  One  Pound  &  six  pence  And  for  the  Use  of  Stephen  Parsons 
Five  Pounds  twelve  Shillings,  To  M""  Francis  Whipple  for  the  Use 
of  Jonathan  Cook  Two  Pounds ;  for  the  Use  of  Eleazer  Rice  Two 
Pounds  &  eight  pence,  and  for  the  Use  of  Jonathan  Livermore  Three 
Pounds  eleven  Shillings  and  six  pence,  to  Daniel  Epes  jun"  Esq'  for 
the  Use  of  Isaac  Reed,  Four  Pounds  two  Shillings  &  ten  pence ;  to 
M""  Simon  Hunt  for  the  Use  of  John  Baker  Four  Pounds,  for  the 
Use  of  Samuel  Brewer  Two  Pounds  Six  Shillings  &  eight  pence, 
and  for  the  Use  of  Samuel  Wheeler  Two  Pounds  ten  Shillings :  To 
M""  Joshua  Fry  for  the  Use  of  Israel  Adams  Two  Pounds  eight  Shil- 
lings; To  Cap*  John  Fry  Three  Pounds  four  Shillings  &  eight  pence, 
To  Samuel  Grant  Five  Pounds  nine  Shillings ;  To  Joseph  Trail,  Three 
Pounds  ten  Shillings,  To  Abraham  Barns  three  Pounds  ten  Shillings, 
To  Nathaniel  Low,  One  Pound  ten  Shillings ;  To  Amos  Gates  Two 
Pounds  thirteen  Shillings  &  seven  pence,  To  Abraham  Houghton 
One  Pound  nineteen  Shillings,  and  to  Isaac  Temple  Four  Pounds 
seven  Shillings  &  four  pence.  In  full  Consideration  of  the  Expences 
mentioned  in  their  several  Petitions  herewith  exhibited.  {^Passed 
A2}ril  16. 


[4th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1755-56.  509 


CHAPTER    446. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EX- 
CISE FOR  THE  COUNTY  OF  MIDDLESEX  AND  ALLOWING  £2.  15.  6  FOR 
THE   EXPENSE   THEREOF. 

The  Committee  for  letting  out  to  farm  the  Excise  on  Spirituous  LegiBiative 
Liquors  for  the  County  of  Micldesex  reported  that  they  had  let  out  councff  xxi^^ 
the  same  to  Braddyal  Smith  of  Weston  for  the  Sum  of  £811.4.8  '  for  lee.  Mass.  '' 
which  they  have  taken  Bond  of  him  with  Sureties  which  they  have  ^^^^^"^^^'^^^■■> 
lodged  in  the  Treasury,  the  Committees  Time  &  Expence  amount-  '^^^g, 

Kead  and  journal,  p.  466. 

Ordered  That  this  report  be  Accepted ;  And  That  there  be  allowed  La^8,°m.,  957, 
&  paid  out  of  y*"  public  Treasury  to  the  s'^  Committee  the  Sum  of  ^"^e. '  Ante, 
Two  pounds  fifteen  Shillings  &  six  pence  in  Discharge  of  their  Acc°  326.  '      ^' 
of  Time  &  Expences  exhibited.     \^Passed  April  16. 


CHAPTER    447. 


RESOLVE  IN  REGARD   TO  THE  BOUNTY  FOR  MEN  ENLISTING.  Legislative 

Records  of  the 

Resolved  that  every  Person  who  shall  inlist  on  the  twenty  second  i67.      '   '   ' 
of  this  Instant  April  into  his  Majestys  Service  in  the  intended  Ex-  Mass. 
pedition  against  Crown  Point  shall  be  intitled  to  the  same  Bounty,  ^^^v^lfe  507 
as  if  he  had  inlisted  before  the  said  Day;  And  that  no  Person  im-  House  Jour, 
pressed  on  the  said  day  shall  be  intitled  to  said  Bounty  though  proVmce ' 
afterwards  they  should  inlist.     {Passed  April  16.  Sfap®  23.*"' ^°^*' 


CHAPTER    448. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EX- 
CISE ON  TEA,  COFFEE,  &c  FOR  THE  COUNTY  OF  ESSEX  AND  ALLOW- 
ING 40/  FOR  THE  EXPENSE  THEREOF. 

The  Committee  for  letting  out  to  farm  the  Excise  on  Coffee,  Tea  Legislative 
&c^  for  the  County  of  Essex  reported  that  they  had  let  out  the  same  councff,  xxu^ 
to  Cp*  Peter  Fry  for  the  Sum  of  £32.10,  &  had  taken  Bond  of  him  i67.  Mass. 
with  Sureties,  which  they  had  lodged  in  the  Treasury,  the  Com-  ^f^^^^^'^^'^-' 
mittees  Time  &  Expence  amount^  to  40/.  m&bb. 

Eead  &  Archives,  cxx., 

91       xxOllSG 

Ordered  That  this  Report  be  Accepted,  &  That  there  be  allowed  Journal,  p.  466. 
&  paid  out  of  y^  public  Treasury  to  the  s<^  Com'*^  y^  sum  of  forty  thll'.lii!'"' 
shilP  in  Discharge  of  their  Ace'  of  Time  &  Expences  exhibited. 
{Passed  April  16. 

Mass.  Archives,  cxx.,  90,  reads,  £811.  14.  8. 


510 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  449,  450.] 


CHAPTER    449. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EX- 
CISE FOR  THE  COUNTY  OF  SUFFOLK  AND  ALLOWING  £5,  8  FOR  THE 
EXPENSE  THEREOF. 


Legislative 
Records  of  the 
Council,  xxi., 
168.    Mass. 
Archives,  cxx., 
94. 

Mass. 

Archives,  cxx., 
93.    House 
Journal,  p.  466. 
Ante,  p.  457, 
chap.  324. 


The  Committee  for  letting  out  to  farm  the  Excise  on  Strong 
Liquors  in  the  County  of  Suffolk  reported  that  they  had  let  out 
the  same  to  William  Coffin  for  the  Sum  of  £3,215  &  had  taken  his 
Bond  with  Sureties  &  lodged  it  in  the  Treasury,  the  Committees 
Time  &  Expence  amount^  to  y*  sum  of  £5.8. 

Eead  And 

Ordered  That  this  report  be  Accepted,  And  That  there  be  allow'd 
&  paid  out  of  y^  public  Treasury  the  sum  of  five  pounds  eight  Shil- 
lings to  y*  s*^  Com'^"  in  Discharge  of  their  Acco'  of  Time  and  Ex- 
pences  herewith  exhibited.     [Passed  April  16. 


CHAPTER    450. 


VOTE  ON  PETITION  OF  HANH  ALLEN,  ADM^  IN  REGARD  TO  AN  ESTATE. 


A  Petition  of  Hannah  Allen  Widow  of  Samuel  Allen  of  New 


Legislative 

Council,  xxi.,    Marlbord  dec^  shewing  that  her  said  Husband  in  his  Life  time  pur- 

^— chased  a  Tract  of  Land  in  said  Place  of  Jabez  Ward  Esq'  and  left 

Archives  xix.,  Diore  than  half  the  Price  agreed  for  unpaid  at  his  Death;  And 


I 

Laws,  ii 
chap.  10. 


378-.S80.  iiouse  Whereas  it  will  be  much  to  the  Disadvantage  of  the  Land  to  sell 
)p.  443, 444, 450,  a  Part  only,  Therefore  Praying  that  She  may  be  impowered  to 
75.  Province   compound  with  the  said  M""  Ward,  &  sell  so  much  Land  as  will 
be  necessary. 
Read,  and 

Voted  that  the  Prayer  of  the  within  Petition  be  so  far  granted 
as  that  the  Pef  in  her  Capacity  of  Administratrix  on  the  Estate 
of  her  dec^  Husband  be  &  hereby  is  impowered  with  the  Advice  & 
Assistance  of  M''  John  Miller  of  Northampton  to  compound  and 
agree  with  the  within  named  Jabez  Ward  for  such  part  of  said  Tract 
of  Land  as  may  be  sufficient  to  discharge  the  Debt  within  mentioned 
due  to  said  Ward  from  said  Estate,  and  upon  such  Composition  to 
execute  a  good  Deed  or  Deeds  thereof,  and  if  the  said  Administ^  by 
«&  with  the  Advice  &  Assistance  of  the  said  John  Miller  cannot  com- 
pound &  agree  with  the  said  Ward  as  aforesaid,  that  then  and  in  such 
Case  the  said  Administ^'  be  &  hereby  is  impowered  to  make  Sale  of 
the  whole  of  said  Tract  of  Land  to  any  other  Person  &  to  execute 
a  good  &  sufficient  Deed  or  Deeds  thereof.  She  observing  the  Rules 
of  the  Law  respecting  the  Sale  of  Land  by  Executors  and  Adminisf* 
giving  Security  to  account  with  the  Judge  of  Probate  of  the  County 
of  Hampshire  for  the  Proceeds  thereof.     [Passed  April  16. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  511 

CHAPTEE    451. 

ORDER  ALLOWING  22/2  TO  PHILIP  SERGEANT. 

A  Petition  of  Philip  Sergeant  shewing  that  he  inlisted  &  officiated  R|f^r|fa*of  the 
as  a  Drummer  in  Col°  Bagley's  Regiment  in  the  late  Expedition  councu,  xxl, 
against  Crown  Point,  that  his  Wages  were  carried  out  in  the  Muster  Archives?' 
Roll  only  as  a  private  Centinel,  Praying  that  they  may  be  made  up  jxxy.,  501. 
to  Drummers  Pay.  Mass. 

T)       T  1  *^  Archives, 

Read  and  ixxv.,  501. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  Public  Treas-  ^^^i^p!  S^' 
ury  the  sum  of  Twenty  two  shillings  &  two  pence,  being  y^  differ- 
ence between  y®  wages  of  a  Common  Centinel  «Ss  a  Drummer  for 
the  Time  mentioned.     \_Passed  April  16. 


CHAPTER    452. 

ORDER  ALLOWING  £10  TO  JOHN  COOK. 


A  Petition  of  John  Cook  shewing  that  altho  he  inlisted  in  the  Legislative 
Service  against  against '  Crown  Point,  as  a  Soldier,  yet  he  was  em-  councif  xx*^^ 
ployed  as  a  Surgeons  Mate,  which  Business  he  discharged  with  great  i69.  Mass. 
Labour  &  Faithfulness,  Praying  for  some  proper  Allowance  for  the  txlvljmi. 

same.  Mass 

Read  and  A''*^'^^^^' 

IXXV    502 

Ordered  That  there  be  allowed  &  paid  out  of  the  public  Treasury  House  Joiar- 
to  the  Petitioner  the  Sum  of  Ten  pounds  in  Consideration  of  his  ^^i.pp- 446,464. 
Services  mentioned.     \^Passed  April  16. 


CHAPTER    453. 

ORDER  ALLOWING  £5.  7.  5  TO  HENRY  WOODS. 

A  Petition  of  Henry  Wood  a  Soldier  in  the  late  Expedition  upon  Legislative 
Kennebeck  River,  Praying  for  an  Allowance  from  this  Court  for  his  coundf  xxi ^* 
Pain,  Expence  &  Loss  of  Time  by  means  of  Sickness  contracted  in  lea-  Mass. 

iT      ,    o         •  Archives, 

that  Service.  .   ixxv.,385. 

Read  &  ^  ^^^^^ 

Ordered  That  there  be  allowed  &  paid  out  of  the  Public  Treasury  J^^^^^g^g 

to  the  Pef  the  sum  of  Five  pounds  seven  Shillings  &  five  pence  in  House  Jour- 

Consideration  of  his  Sufferings  &  expences  mentioned.     [Passed  ^f^^vv-^is.iei, 

April  16. 

»  Sic. 


512 


Province  Laws  (Besolves, etc.).  — 1755-56.  [Chaps.  454-456.] 


CHAPTER    454. 


ORDER  IMPOWERING  SAMi-  WELLES,  JUN.,  TO  EXPORT    PROVISIONS    TO 

SURINAM. 


Legislative 
Records  of  the 
Council,  xxi., 
169.    Mass. 
Archives,  Ixv., 
203. 

Mass. 

Archives,  Ixv., 
202.    House 
Journal,  p.  465. 
Province 
Laws,  iii.,  866, 
chap.  7 ;  954, 
note.   Ante, 
p.  270,  chap. 
261. 


A  Petition  of  Samuel  Welles  jun''  of  Boston  Merch*  shewing 
that  he  hath  a  Schooner  now  loading  for  Surranam,  Praying  that 
he  may  be  permitted  to  send  thither  in  said  Vessel  about  One  hun- 
dred Barrels  of  Provisions,  He  giving  Bond  at  the  Impost  Office  as 
usual. 

Eead  and 

Ordered^  That  the  prayer  of  this  Petition  be  granted ;  And  that 
the  Petitioner  be  Allowed  to  Ship  the  provisions  mentioned  on  board 
y®  Schooner  Neptune  Thomas  Harding  Master,  And  y*  the  Commis- 
sioner of  Impost  be  and  hereby  is  impowered  &  directed  to  take  bond 
of  One  thousand  pounds  sterl^  for  landing  the  same  at  the  Port  of 
Surrinam ;  And  That  the  chief  Officer  of  said  Vessel  on  his  return 
make  oath  that  the  said  provisions  have  been  Actually  landed  there, 
&  thereupon  that  the  Said  Bond  be  Cancelled.     [Passed  April  16. 


CHAPTER    455. 


House  Jour- 
nal, p.  461. 
Mass. 
Archives, 
Ixxv.,  354. 

Mass. 
Archives, 
Ixxv.,  352. 
House  Jour- 
nal, pp.  461, 473, 
474. 


ORDER  ALLOWING  25/6  TO  ZERUBBABEL  SNOW. 

A  Petition  of  ZeruMabel  Snow  of  Wohurn,  in  the  County  of 
Middlesex,  a  Soldier  in  the  late  Crown-Point  Expedition,  setting 
forth,  that  by  some  Mistake  he  was  not  made  up  in  the  Muster- 
Eoll  for  the  whole  Time  he  was  in  the  Service ;  and  praying  that 
an  Allowance  may  be  made  him  for  the  said  Deficiency. 

Eead  And 

Ordered,  That  there  be  allowed  &  paid  out  of  the  public  Treas- 
ury to  the  Pef  the  sum  of  twenty  five  shills^  &  six  pence  in  full 
Consideration  of  his  Services  Mentioned.     [Passed  April  16. 


CHAPTER    456. 


Legislative 
Records  of  the 
Council,  xxi., 

58.  Mass. 
Archives, 
xliv.,  2.37. 

Mass. 

Archives, 

xliv.,  236. 

Legislative 

Records  of  the 

Council,  xxi., 

174.    House 

Journal, 

pp.  278, 279, 281, 

473. 


ORDER    OF    NOTICE    WITH  STAY    OF    EXECUTION    ON    THE    PET«    OF 
FRANCIS  COGSWEL,  ESQ«,  TO  RECTIFY  A  MISTAKE. 

A  Petition  of  Francis  Cogswel  of  Ipswich  Esq''  shewing  that 
there  was  a  Cause  between  him  &  Benjamin  Hodgskins  depending 
in  the  Superiour  Court  of  Judicature  for  the  County  of  Essex  held 
in  June  last,  which  they  referred  to  a  Eule  of  Court,  and  the  Eef- 
errees  made  their  Eeturn  thereon  to  the  Court,  &  the  same  was 
accepted  by  the  Court,  &  Judgment  made  up  accordingly;  Now  for 
as  much  as  there  was  a  Manifest  Mistake  in  the  Computation,  as  is 
Certified  by  all  the  Eef errees;  therefore  Praying  that  there  be  a  new 
Trial  or  a  new  Committment  of  the  said  Affair  to  s*^  Eeferees. 

Eead  and  in  Answer  to  this  Pet'' 

Ordered  that  the  Eeferrees  within  named  be  and  they  are  hereby 
impowered  to  reconsider  the  Affair  within  mentioned  &  rectify  any 
Mistake  they  may  find  in  their  former  Eeport  and  that  they  make 


[4th  Sess.]     Province  Laws  (Besolves,  etc.).  — 1755-56.  513 

Eeturn  of  their  Doings  at  the  Next  superiour  Court  of  Judicature 
to  be  holden  within  and  for  y®  County  of  Essex  and  that  the  Justices 
of  the  said  Court  then  receive  such  Eeport  and  enter  up  Judgment 
and  award  Execution  thereon  according  to  Law  and  that  Execution 
on  the  former  Judgement  if  any  such  hath  Issued  be  Staid  in  the 
mean  time.     [Passed  April  16,^ 


CHAPTBE    457.  LtorWthe 

Council,  xxi., 
167.    Mass. 
ORDER  ALLOWING  £160  TO  THE   COMMISSIONER  OF  STAMP  DUTIES.       Archives,  ciii., 

42o. 


Ordered,  KpS462, 

That  there  be  allowed  and  paid  out  of  the  Public  Treasury  to  \'^^^]^^  ^^^y- 
]yp  James  Russell  Commiss"^  of  the  Stamp  Duties,  the  Sum  of  One  867,  chap.  8;  *' 
hundred  &  Sixty  Pounds,  in  Consideration  of  his  Services  in  said  ^^^''^o**- 
Trust  for  the  Year  past.     [Passed  April  17.^ 


CHAPTER    45  8.  »r»the 

Council,  xxi., 
170.    Mass. 
VOTE  ALLOWING   £300  TO   COMMISSARY  MOSES  EMERSON.  Archives, 

Ixxv.,  500. 


Voted,  That  there  be  allowed  to  be  paid  out  of  the  public  Treas-  m'ii^ppf46M78. 
ury  to  M'  Moses  Emerson  Commissary  appointed,  to  reside  at  Albany,  ■^^*^'  p-  363, 
the  Sum  of  three  hundred  pounds,  he  to  be  Accountable.     [Passed 
April  11. 


CHAPTER    459. 

VOTE  ALLOWING  BOUNTY  TO  SOLDIERS  FURNISHING  THEIR  OWN  ARMS. 

Whereas  it  is  probable  there  will  not  be  a  sufficient  Number  of  Recordslofthe 
Arms  to  furnish  the  Forces  of  this  Province  now  raising  for  the  council,  xxi., 
intended  Expedition  against  Crown-Point  Which  Can  be  supplied  ArchivesT' 
from  the  Province  Stock,  together  with  this  Province's  proportion  ixxv-.  sii. 
of  the  Arms  sent  by  his  Majesty  for  the  use  of  y®  Several  Governm*^  ^aT^^'IsT^" 
y'  fore  Pok,  p.  6i4, 

Voted,  That  there  be  allowed  Two  Dollars  to  each  Soldier  (for  «hap.46i. 
whom  Arms  shall  not  be  provided)  who  shall  find  His  own  Gun, 
for  the  s*^  service,  to  be  paid  at  the  Time  they  shall  receive  their 
Wages.     [Passed  April  17. 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Leg- 
islative Records  of  the  Council  the  date  is  April  19. 

'  This  date  is  according  to  Mass.  Archives  •  according  to  Legislative  Records  of  the 
Council  the  date  is  April  16. 


'>U 


Province  Laws  {Resolves, etc.).  — 1755-56.  [Chaps.  460-462.] 


CHAPTEE    460. 


ORDER   DIRECTING   THE   GUARDIANS   OF   THE   PUNCAPAUG  INDIANS    TO 
PAY   £24.  18.  8   WITH   INTEREST   TO   NELSON   FINNEY. 


Legislative 
Records  of  the 
Council,  xxi., 
170.    Mass. 
Archives, 
xxxli.,  707. 

Mass. 
Archives, 
xxxii.,  706. 
House  Jour- 
nal, pp.  465, 466, 
478,  479.    Ante, 
p.  238,  chap. 
171;  p.  241, 
Chap.  182; 
p.  287,  chap. 
302;  p.  333, 
chap.  20, 


A  Petition  of  Nelson  Finney  shewing  that  by  Order  of  the  Gen^ 
Court  he  was  to  receive  of  Samuel  Miller  Esq'  late  Guardian  of  the 
Puncapaug  Indians  £24,18.8  to  discharge  the  Pet"  Account  of  the 
Expence  of  the  Sickness  of  Mathias  George  an  Indian  of  that  Tribe, 
but  he  has  not  been  able  to  obtain  the  Money  from  Col°  Miller,  Pray- 
ing for  Releif. 

Read  and 

Ordered,  That  there  be  paid  to  the  Petitioner  By  Robert  Spurr 
Esq''  &  others  Guardians  of  the  Punkapaug  Indians,  when  the  Money 
shall  Come  into  their  Hands  the  Sum  of  Twenty  four  Pounds  Eigh- 
teen Shillings  &  eight  pence  being  what  is  due  of  the  former  Grant 
mentioned.  Together  w^^  thirty  Shilings  in  full  for  Interest  for  the 
time  past.     \_Passed  April  17. 


Legislative 
Records  of  the 
Council,  xxi., 
171.    Mass. 
Archives, 
Ixxv.,  512. 

House  Jour- 


nal, 


i.PP 

1,481 


480.  481 


475,476, 


CHAPTEE    461. 


VOTE    IMPOWERING    THE    COMMISSARY    GENERAL    TO    RECEIVE    THE 
KINGS  ARMS  THIS   GOVERNMENT  GIVING  SECURITY  FOR  THE   SAME. 

Whereas  his  Majesty  has  been  graciously  pleased  to  order  ten 
thousand  Stands  of  Arms  to  be  employed  for  the  Service  of  his 
Colonies  as  from  time  to  time  there  shall  be  occasion,  and  it  is 
required  that  each  Colony  to  which  any  of  those  arms  shall  be 
delivered  give  Security  to  return  them  to  the  Officer  his  Majesty 
has  been  pleased  to  appoint  except  in  case  of  their  being  lost  in 
Battle  or  taken  or  destroyed  by  the  Enemy :  and  it  being  necessary 
that  some  persons  should  be  appointed  to  receive  the  proportion 
of  said  Arms  which  may  be  allotted  for  this  Government 

Voted  that  the  Commissary  General  of  this  Province  be  and 
hereby  is  appointed  to  receive  the  same  and  that  this  Government 
will  -stand  Security  for  returning  to  the  officer,  his  majesty  has 
been  pleased  to  appoint  as  aforesaid  any  number  of  said  Arms 
which  may  be  delivered  to  the  said  Commissary  except  in  case  of 
their  being  lost  in  Battle  or  taken  or  destroyed  by  the  Enemy: 
and  that  the  said  Commissary  be  empowered  to  indent  accordingly. 
[Passed  April  17. 


CHAPTEE    462 


Legislative 
Records  of  the 
Council,  xxi., 
171.    Mass. 
Archives, 
Ixxv.,  423. 

Mass. 
Archives, 


ORDER  ALLOWING   £8   TO   TIM''  CLEMENTS. 

A  Petition  of  Timothy  Clements  shewing  that  he  proceeded  on 
the  Expedition  against  Crown  Point,  that  his  Eield  Officers  per- 
swaded  him  to  act  in  the  Business  of  a  Surveyor,  and  to  carry  some 
surveying  Instruments  with  him,  that  h.e  surveyed  the  Country  where 
the  Army  went,  &  drew  a  Plan  of  the  Lakes  and  other  Places,  for 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  515 

which  he  has  had  no  Consideration,  Pray^  for  some  proper  Allow-  ixxv.,  422. 
ance  from  this  Court.  Kp."4Xi32. 

Read  and  4so. 

Ordered,  That  there  be  allowed  and  paid  out  of  y®  public  Treas- 
ury the  Sum  of  Eight  pounds  in  full  Consideration  of  his  Services 
me[n]tioned.     \^Passed  April  17. 


CHAPTER      46  3  Legislative 

^  ^^-^^    xijx\      tut^.  Records  of  the 

Council,  xxi., 

VOTE  ESTABLISHING  WAGES  OF  A  SECOND  LIEU^  COL*^  IN   COL*'  GRID-  ArchWesTcix., 

LEYS  REGIMENT.  ^77^ 

Mass. 

Voted,  That  the  same  Establishment  of  Wages  be  made  for  a  m^Housf ^■' 
Second  Lieutenant  Col°  in  CoP  Gridleys  Eegiment  as  is  already  "^""^^f^jgo 
made  for  Lieutenant  Colonels  In  the  Army  now  raising  for  the  ^Ve,  p.  454, 
intended  Expedition  against  Crown-Point.     {^Passed  April  17.  *^^^^"  ^^^* 


CHAPTER    464. 

ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treas-  Legislative 
ury  to  Benjamin  Eead  Esq'  for  the  Use  of  John  Muzzy  the  Sum  of  coSncff  xii^^ 
Two  Pounds  seventeen  Shillings  &  six  pence,  To  Thomas  Johnson  ni. 
Eight  Pounds  fifteen  Shillings  and  one  penny.  To  Jason  Walker  Mass. 
Two  Pounds;  To  Nathaniel  Searl  Two  Pounds  four  Shillings,  To  fxxv.S  225 
Benjamin  Johnson  One  Pound  fourteen  Shillings,  To  Eleazer  Warner  ffaie^'^Houfe 
Two  Pounds  six  Shillings;  To  Ezra  Leonard  Seven  Pounds  six  Shil-  Journal, 
lings.  To  John  Murray  Esq'  for  the  Use  of  Benjamin  Willard,  Three  pp- 394.467,468. 
Pounds  ten  Shillings ;  and  to  Edward  Harrington  Two  Pounds  in 
full  Consideration  of  the  Expences  &c*  in  their  several  Petitions 
mentioned.     \_Passed  April  17. 


CHAPTER    465. 

ORDER  ALLOWING  40/  TO   JOHN  CALEF  AND   £8  TO   JEREMIAH   HALL. 

A  Petition  of  John  Calef  &  Jeremiah  Hall  Surgeons  in  the  late  Legislative 
Army  intended  against  Crown  Point,  setting  forth  their  extraordi-  councif  xxi^^ 
nary  Services  in  administring  to  the  sick  of  said  Army  returned  to  i73.  Mass'.  '' 
Albany,  Praying  for  some  proper  Allowance  for  the  same.  i^xv.^mI'. 

Eead  and  Mass.' 

Ordered,  That  there  be  Allowed  &  paid  out  of  the  public  Treas-  Archives, 
ury  to  John  Calef  the  Sum  of  forty  Shillings,  and  to  Jeremiah  Hall  H^use  Jour. 
the  sum  of  Eight  Pounds  in  full  Consideration  of  their  Services  °ai.PP-395,485. 
mentioned.     \^Passed  April  19. 


516 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  466-468.] 


CHAPTEK    466. 


Legislative 
Records  of  the 
Council,  xxi., 
174.    Mass. 
Archives, 
Ixxv.,  449. 

Mass. 
Archives, 
Ixxv.,  448. 
House  Jour- 
nal, pp.  450, 483. 


ORDER  ALLOWING  40/  TO   JOHN  PEACOCK. 

A  Petition  of  John  Peacock  setting  forth  his  Services  &  Losses 
as  a  Pioneer  in  the  late  Expedition  against  Crown  Point,  and  his 
former  Services  in  that  Business,  and  praying  for  some  proper 
Allowance  from  this  Court. 

Eead  and 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury the  sum  of  forty  Shillings  to  the  Pet"^  in  Consideration  of  his 
extraordinary  Services  Mentioned.     \_Passed  April  19. 


CHAPTEE    467. 


ORDER  IMPOWERING  THE  JUDGE  OF  PROBATE    FOR    THE    COUNTY    OF 
SUFFOLK  TO  APPOINT  GUARDIANS  TO   CERTAIN  MINORS. 


Legislative 
Records  of  the 
Council,  xxi., 
173.    Mass. 
Archives,  xix., 
384. 

Mass. 

Archives,  xix., 
383.    House 
Journal, 
pp.  416,  483, 485. 
Province 
Laws,  ill.,  426, 
chap.  12. 


A  Petition  of  John  Bradley  Administrator  on  the  Estate  of  his 
Father  Nathan  Bradley  late  of  Dorchester  dec*^  shewing  that  he  is 
impeded  in  his  Administration  by  Reason  of  some  of  the  Heirs  (being 
Minors  above  the  Age  of  Fourteen)  refusing  to  chuse  Guardians  the 
Law  providing  in  that  Case  being  expired,  Praying  for  some  Releif 
from  this  Court 

Read  and 

Ordered,  That  the  Judge  of  Probate  for  the  County  of  Suffolk 
be  and  hereby  is  fully  Authorized  &  impowered  to  appoint  Guar- 
dians to  said  Minors  who  are  some  of  y®  Heirs  of  the  Estate  of  the 
within  named  Nathan  Bradly  the  Act  impowering  him  to  appoint 
Guardians  being  expired  Notwithstanding.     [Passed  April  19. 


Legislative 
Records  of  the 
Council,  xxi., 
84.    Mass. 
Archives, 
cxvii.,  78. 

Mass. 
Archives, 
cxvii.,  77. 
Legislative 
Records  of  the 
Council,  xxi., 
177.    House 
Journal, 
pp.  328, 486. 


CHAPTEK    468. 

ORDER  REFERRING  THE  PET*'  OF  THE  INHAB^s  OF  DISTRICT  OF  CHARL- 
TON  &   THE  GORE  ADJACENT  TO  BE  UNITED  INTO  ONE  DISTRICT. 

A  Petition  of  John  Stevens,  Jonathan  Wheelock  &  others.  In- 
habitants of  the  District  of  Charleton  &  of  the  Tract  of  Land  called 
the  Gore  adjacent  thereunto,  setting  forth  the  smallness  of  the  said 
Plantations  &  their  Inability  to  maintain  the  Ministry  among  them 
seperately,  Therefore  Praying  that  they  may  be  united  into  one 
Town  or  District  by  Bounds  therein  mentioned : 

Read  togather  with  Answer  of  Sundry  persons  of  y**  Gore  &  also 
of  y®  District  of  Charlton  and 

Ordered  that  this  petition  be  referred  to  the  Second  Wednes- 
day of  the  next  May  Sessions  for  further  Consideration.  [Passed 
April  19.' 

•  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  April  20. 


[4th  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1755-56.         *  517 


CHAPTER    469. 

ORDER  THAT  THE  SEVERAL  COMMISSARIES  OF  THE  CROWN  POINT 
EXPEDITION  MAKE  OATH  AS  TO  THE  SPECIFIC  DELIVERY  OF  PRO- 
VISIONS IN  THEIR  CHARGE. 

Ordered  that  the  several  Commissaries  in  the  intended  Expedi-  ^gfordfofthe 
tion  shall  be  held  when  they  render  their  respective  Accounts  to  council,  xxi., 
make  Oath  that  all  the  provisions  charged  in  said  Accounts  have  Archives^" 
bona  fide  been  delivered  in  specie  for  the  use  of  the  particular  Sol-  ixxv.,  521. 
diers  for  which  they  are  charged,  except  where  any  special  agree-  Ho'ise  Jour- 
ment  shall  have  been  made  with  any  Soldiers  for  their  back  allowance  °  •  p* 
or  what  they  may  receive  short  of  any  one  or  more  species,  &  in 
every  such  case  a  receipt  shall  be  produced  from  every  such  soldier 
&  such  back  allowance  or  deficiency  shall  therein  be  particularly 
specified.     \^Pass6d  April  20. 


CHAPTER    470. 

ORDER   IN   REGARD  TO    SURGEONS    IN    THE    PROPOSED    EXPEDITION 
AGAINST  CROWN-POINT. 

Ordered,  That  the  several  Chirurgeons  in  the  Intended  Expedi-  Rgfor^g^of  t^e 
tion  against  Crown-Point  be  under  Oath  for  their  faithf ull  Appli-  Council,  xxi., 
cation  of  the  Medicines,  And  that  they  be  Accountable  for  the  ArcM^es?' 
Instruments,  which  shall  be  Committed  to  their  Care  &  for  the  ixxv.,  529. 
medicines   that   shall   remain   upon  the   expeditions  being   over.  House  Jour- 

r  Ti  J    A         1  mn  nal, pp.488, 489. 

yPassed  April  20.  post,^. 521, 

chap.  480. 

CHAPTER    471. 

VOTE  TO  ENLIST  TEN  OF  THE    INHABITANTS    OF   PIERSON   &    HOBBS 
TOWN  IN  THE  SERVICE. 

A  Petition  of  the  Inhabitants  of  a  Plantation  in  the  County  of  R®^*rd**^f  th 
York  called  Pierson  &  Hobbs's  Town,  setting  forth  their  Exposed-  council,  xxi., 
ness  to  the  Indian  Enemy  and  Innability  to  defend  themselves.  Archives?' 
praying  for  Succour  from  this  Governm*  ixxv.,  514. 

Eead  and  Mass. 

Voted,     That  there  be  ten  of  the  Inhabitants  of  s^  Township  ixxv.,Yi4. 
that  have  families  there,  put  into  pay  &  Subsistence  of  the  Prov-  ^ai^ppf^e^ise. 
ince  one  of  whom  to  be  a  Serjeant;  and  That  his  Excell''  the  Cap* 
Gen'  be  desired  to  give  Directions  accordingly.    [Passed  April  20. 


518 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  472,  473.] 


CHAPTEE    472. 


Legislative 
Records  of  the 
Council,  xxi., 
175.    Mass. 
Archives, 
xxiii.,  56. 

Mass. 
Archives, 
xxiii.,  51-57. 
Legislative 
Records  of  the 
Council,  xxi., 
175.    House 
Journal, 
pp.  487,  490. 
Province 
Laws,  iii.,  959, 
960,  notes. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  THE  PETITION  OF 
JOSEPH  MITCHEL  IN  REGARD  TO  CHILDREN  OF  FRENCHMEN  AT 
MARSHFIELD. 

A  Petition  of  Joseph  Mitcliel  one  of  the  French  Inhabitants 
of  Nova  Scotia  now  residing  with  his  Family  at  Marshfield,  com- 
plaining against  John  Little  Esq''  and  Setli  Bryant  Select  Men  of 
said  Town  for  using  himself  and  Family  very  ill,  praying  for  Releif 
from  this  Court. 

The  Committee  appointed  to  take  under  Consideration  the  Peti- 
tion of  Joseph  Mitchel  are  unable  to  make  Inquiry  into  the  Truth 
of  the  Facts  mentioned  before  the  Dissolution  of  the  Court  by  Eea- 
son  of  the  Distance  of  Place  where  they  are  alledged  to  have  been 
done,  and  therefore  they  are  of  Opinion  that  the  Consideration  of 
the  Petition  be  refer'd  to  the  next  Session  of  the  Court,  The  Com- 
mittee are  further  humbly  of  Opinion  that  the  Consideration  of  the 
Petition  be  referred  to  the  next  Session  of  the  Court,  the  Com'"®  are 
further  humbly  of  Opinion  that  it  would  be  acting  very  different 
from  the  Intention  of  the  Legislature,  if  any  of  the  Select  men  of 
the  Province,  should  cause  any  of  the  Children  of  the  French  from 
Nova  Scotia  to  be  disposed  of  for  any  Sum  of  Money  or  other  Con- 
sideration except  for  the  immediate  Use  and  Bennefit  of  such  Child 
or  Children,  and  that  where  any  Child  or  Children  are  able  and 
willing  to  surport  themselves,  or  where  their  Parents  or  Friends 
will  undertake  for  their  Support  such  Child  or  Children  ought  not 
to  be  seperated  from  their  Parents  or  Friends,  and  that  the  Select 
Men  should  as  far  as  may  be  consult  the  Inclination  of  the  Parents 
and  Children  in  the  Service  for  which  any  Children  may  be  dis- 
posed of.  Tho^  Hutchinson  per  Order. 

Eead  &  accepted  & 

OrderedtYi&t  the  Select  men  of  the  several  Towns  where  any  French 
are  placed  govern  themselves  accordingly.     \^Passed  April  20. 


CHAPTER    473 


Legislative 
Records  of  the 
Council,  xxi., 
176.    Mass. 
Archives,  Ixv., 
225. 

Mass. 

Archives,  Ixv., 
224.    House 
Journal,  p.  485. 
Province 
Laws,  iii.,  8G6, 
chap.  7 ;  9.'i4, 
note.    Ante, 
p.  270,  chap. 
261. 


ORDER  IMPOWERING  TIM"^  FITCH  TO   EXPORT   PROVISIONS  TO  BAY   OF 

HONDURAS. 

A  Petition  of  Timothy  Fitch  of  Boston  Merch*  shewing  that 
he  is  fitting  out  the  Schooner  Peggy  Thomas  Farral  Master  for  a 
Voyage  to  the  Bay  of  Honduras,  praying  that  he  may  be  permitted 
to  ship  upon  her  a  Quantity  of  Provisions  particularly  mentioned, 
for  the  Use  of  the  English  there. 

Read  and 

Ordered  That  the  Prayer  of  this  Pet"^  be  so  far  granted,  as  that 
the  Pef  be  Allowed  to  ship  the  Provisions  mentioned  on  board  the 
Schooner  Peggy  Thomas  Farrel  Master  for  the  Bay  of  Honduras; 
And  That  the  Commissioner  of  Impost  be  &  hereby  is  impowered 
&  directed  to  take  Bonds  of  one  thousand  pounds  Sterl^  of  the 
Petitioner  for  Landing  the  same  at  the  s*^  Bay;  And  That  the  Chief 
Commanding  Officer  of  s*^  Vessel  at  his  return  make  Oath  That  the 
said  provisions  were  landed  there ;  And  that  on  his  taking  the  said 
Oath,  the  said  Bonds  be  Cancelled.     \^Passed  April  20. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1755-56.  519 


CHAPTEK    474. 

ORDER  ALLOWING  £1.4  TO  RACHEL  HOW. 

A  Petition  of  Eachel  How  Widow  of  Abijah  How  of  Glocester  Legislative 
dec'i  a  Soldier  in  the  late  Expedition,  shewing  that  he  left  no  Estate  c^uncu' x*xl,^ 
except  his  Wages,  praying  that  she  may  be  enabled  to  receive  them  ^H'^J^H^- 
without  Charge  of  xidministration,  &  also  that  she  may  be  paid  for  ixxv.,-294'. 
his  Gun  lost  in  the  Service.  Howse  Jour- 

Eead  and  nai.pp.427.477. 

Ordered,  That  there  be  allowed  &  paid  out  of  the  public  Treas- 
ury to  the  Petitioner  the  Sum  of  twenty  four  Shillings  in  full  Con- 
sideration of  the  Gun  lost  as  here  in  mentioned.     \^Pass6d  April  W. 


CHAPTEK    475. 

ORDER  ALLOWING   £3.  8.  8  TO   JOHN   ROOK, 


A  Petition  of  John  Rook  a  Soldier  in  soldier  in  *  the  late  Expe-  Legislative 
dition  shewing  that  he  was  taken  sick  while  he  was  in  the  Service  councif,  xii.^*' 
praying  that  he  may  be  allowed  the  Expences  mentioned  occasioned  ^^p^jf^gg®^- 
by  said  Sickness.  ixxv.,  350. 

Read  and  House  Jour- 

Ordered,  That  there  be  allowed  to  the  Petitioner  &  paid  for  his  ^^^'  p-  *^'^- 
use  to  M'  Samuel  Reed  y®  Sum  of  three  pounds  eight  ShilP  &  eight 
pence  in  full  Consideration  of  his  Expences  including  the  Doctors 
Bill  mentioned.     \^Passed  April  20. 


CHAPTER    476. 

VOTE  ALLOWING  £6  PER  MONTH  TO  CAPT.   DAVID  MASON. 

A  Petition  of  David  Mason  shewing  that  M"  Eyre  Chief  Com-  Legislative 
mander  of  the  Train  of  Artillery  in  the  Army  at  Lake  George  hav-  councif,  xx*i^,^ 
ing  left  that  Service,  the  Pef  was  by  the  General  with  the  Advice  ne.  Mass. 
of  the  principal  Ofl&cers  commissionated  to  succeed  him  in  said  ixxv.,523. 
Trust  praying  that  he  may  be  allowed  such  Pay  as  may  be  judged  Mass. 
proper  for  that  Trust.  ^51'. 

Read  and  House  Jour- 

Voted,  That  it  is  the  opinion  of  this  Court  y^  there  ought  to  be  ^1;PP-*82,4S4. 
Allowed  to  Cap^  David  Mason  by  the  several  Governm*^  Concerned 
in  the  late  Crown-Point  Expedition  six  pounds  fj  month  as  Com- 
mander of  the  Train  of  Artillery  at  Fort  William  Henry  from  the 
Tenth  of  Nov'"  1755  to  the  thirteenth  of  April  Instant,  And  y*  the 
said  Sum  be  advanced  by  this  Gov*  &  which  the  Treasurer  is  hereby 
directed  to  pay  him  Accordingly,  the  said  Mason  repaying  to  the 
Treasurer  the  sum  of  three  pounds  four  shillings  being  One  months 
pay  he  is  made  up  in  the  Muster  Rolls  of  CoP  Brown's  Regiment  as 
Commissary  longer  than  he  ought  to  have  been.    [Passed  April  20. 

1  Sic. 


520 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  477,  478.] 


CHAPTEE    477. 


Legislative 
Records  of  the 
Council,  xxi., 
177. 

House  Jour- 
nal, pp.  471, 475. 


ORDER  IMPOWERING  ABRAHAM  COLBURN  TO  ENTER  A  COMPLAINT. 

A  Petition  of  Abraham  Colburn  of  Dracut  shewing  that  he 
obtained  Judgment '  at  the  Inferiour  Court  of  Common  Pleas  for 
the  County  of  Middlesex  in  January  last;  from  which  the  said 
Blood  appealed  to  the  then  next  Superiour  Court  for  said  County 
and  failed  of  prosecuting  his  Appeal  and  the  Pef  forgot  to  give 
in  his  Complaint  at  that  Term  and  praying  that  he  may  be  impow- 
ered  to  offer  it  at  the  next  Term  in  said  County. 

Eead  & 

Ordered  that  the  Prayer  of  this  Petition  be  so  far  granted,  as  that 
the  Petitioner  be  &  hereby  is  enabled  to  enter  his  Complaint  at  the 
Superiour  Court  of  Judicature  to  be  held  by  Adjournment  at  Bos- 
ton on  the  third  Tuesday  of  April  Currant,  And  the  said  Court  are 
hereby  impowered  to  hear  said  Complaint  affirm  the  Judgment  and 
award  Execution  thereon  to  all  Intents  and  Purposes  as  well  as  if 
said  Complaint  had  been  entered  at  the  Court  where  the  said  Appeal 
was  entered,  and  the  Appellant  was  Non  Suit.     \^Passed  April  20. 


CHAPTEE    478. 


ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 


Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury 
to  Joseph  Heath  the  Sum  of  Four  Pounds  &  to  Benjamin  Wood 
Two  Pounds  thirteen  Shillings  and  four  pence  in  Consideration  of 
their  Sufferings  and  Expences  mentioned;  Also  to  Jonathan  Peirce 
Fifteen  Shillings  and  sixpence  in  full  of  his  Wages  to  the  IS**^  day 


Legislative 
Records  of  the 
Council,  xxi., 
177. 

Mass. 

Archives, 

lxxv.,355,356, 

447;  450*.  House  of  December  last;  To  Daniel  Cadwell  Ten  Shillings  and  eight  pence 
Journal,  p.  486.  j^  f^i^  f^y  j^jg  Blanket  lost,  to  James  White  One  Pound  three  Shil- 
lings &  five  pence;  To  M""  David  Wilder  for  the  Use  of  Seth  Baker 
Four  Pounds,  and  for  the  Use  of  James  Thompson  Twelve  Shillings 
and  one  penny,  and  to  Nathaniel  Russel  Esq''  for  the  Use  of  Micah 
Davis  Four  Pounds  ten  Shillings,  For  the  Use  of  \^Natli.  Whitcomhe']  * 
Twenty  Shillings  for  the  Use  of  Stephen  Randall  Three  Pounds  three 
Shillings,  and  for  the  Use  of  Nathaniel  Whiting  jun''  One  Pound 
twelve  Shillings  and  five  pence  in  full  Consideration  of  their  Ex- 
pences in  their  Petitions  mentioned.     [^Passed  April  20. 

^  The  House  Journal,  p.  471,  reads,  "  against  one  John  Blood.'" 

'  Inserted  from  the  House  Journal,  p.  486,  which  also  states  the  amount  as  "2I«," 
instead  of  twenty  shillings.     Mass.  Archives,  Ixxv.,  355,  also  gives  this  amount  as  paid. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.),  — 1755-56.  521 

CHAPTER    479. 

ORDER  ALLOWING  £6.  16.  8  TO  CHRISTOPHER  FORBUSH. 

A  Petition  of  Christopher  Forbush  a  Soldier  in  the  late  Expe-  Legislative 
dition  upon  Kennebeck  River,  shewing  that  within  a  Week  after  councif  xxl"^ 
his  Dismission  from  that  Service  he  was  seized  with  a  violent  Sick-  ns.  Mass. 
ness,  which  has  put  him  to  great  Expence,  praying  that  it  may  be  ix^v.75i6. 
paid  out  of  the  public  Treas^"  Mass. 

Eead  and  to.%?6. 

Ordered  That  there  be  allowed  and  paid  out  of  the  public  Treasury  House  Joiir- 
to  the  Petitioner  the  sum  of  Six  pounds  Sixteen  Shillings  and  eight  °*i>pp-*68,485. 
pence,  in  full  discharge  of  his  Acco*  exhibited.     \^Passed  April  20. 


CHAPTER    480. 

RESOLVE  appointing  DR  CHARLES  PYNCHON  AS  CHIEF  CHIRURGEON 
OF  TWO  REGIMENTS  OF  THE  PROPOSED  CROWN  POINT  EXPEDITION. 

In  the  House  of  Represent*  Mass. 

Resolved,  That  it  is  the  Opinion  of  this  House,  That  it  would  be  ixxv^Jm. 
of  Advantage  to  the  Proposed  Expedition  Against  Crown-Point,  House  Jour- 
That  D-^  Charles  Pynchon  should  act  as  chief  Chirurgeon  to  y^  naj, pp.486, 4 
Regim**  of  Col  Dwight  &  Col°  Ruggles,  Provided  That  he  have 
three  Chirurgeons  Mates,  and  pay  one  of  them  Out  of  his  pay  as 
Chief  Chrurgeon  to  One  of  Said  Regiments:  And  That  his  Excel- 
lency be  desired  to  Commissionate  him  Accordingly. 

In  Council  Read  and  Concurr'd.     [Passed  April  20. 


CHAPTER    481. 

ORDER  ALLOWING  £800  TO  THE  COM^^^  OF  WAR  FOR  THE  LATE  CROWN 

PT  EXPED^. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  Public  Treas-  Legislative 
ury  the  Sum  of  Eight  hundred  Pounds  To  the  Committee  of  War  Snc'if.xxf 
appointed  for  the  late  Crown-Point  Expedition  to  be  divided  among  i7i.  Mass. 
them  in  proportion  to  the  days  they  have  severally  Attended  that  ixxyjmi 
Service  agreeable  to  the  Schedule  annexed.  The  said  Committee  Mass. 
first  paying  a  reasonable  Sum  to  the  Hon'''*  Thomas  Hutchinson  ^^xv.^^5^_ 
Esq''  for  his  Trouble  in  preparing  the  Acco**  of  the  said  Expedi-  House  Jour-_ 
tion  in  Order  to  their  being  transmitted  to  Great  Britain,  and  Also  4*8,' 4^",  487.  '  ' 
a  reasonable  allowance  to  their  Clerk  for  his  Services,  untill  the  ^^ap.  325^-^^' 
last  Committee  of  War  was  chosen;  being  in  full  Consideration  of  p. 443, chap, 
their  diligent  &  faithful  discharge  of  their  said  Trust.     [Passed 
April  21.' 

'  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  April  17. 


522 


Province  Laws  {Resolves,  etc.).  — 1755-56.  [Chaps.  482,  483.] 


CHAPTEE    482. 


Legislative 
Records  of  the 
Council,  xxi., 
179.    Mass. 
Archives, 
Ixxv.,  53-2. 

House  Jour- 
nal, pp.  446, 457, 
492.    Ante, 
p.  503,  chap. 
434. 


VOTE  ESTABLISHING  THE   WAGES  OF   AN    ADJUTANT    GENERAL    AND 
QUARTER  MASTER  GEN^ 

In  the  House  of  Eepresent' 

Voted,  That  it  is  the  Opinion  of  this  House  y*^  The  Wages  of  an 
Adjutant-Gen'  &  a  Quarter  Master  Gen'  in  the  Army  now  raising 
for  the  intended  Expedition  against  Crown-Point  be  for  each,  Ten 
Pounds  $3  month,  And  y*  this  Governm*  pay  their  proportionable 
part  thereof  with  the  other  Governm*®  Concerned  in  s''  Expedition, 
The  Vote  of  this  House  of  y^  13"'  Inst*  Of  an  Establishm'  of  Wages 
for  &^  Officers  notwithstanding. 

In  Council ;  Read  &  Concur'd.     \^Passed  April  21. 


CHAPTER    483. 


Legislative 
Records  of  the 
Council,  xxi., 
179.    House 
Journal,  p.  484, 
Mass. 

Archives,  ciii., 
482. 

House  Jour- 
nal, pp.  460, 475, 
490. 


ORDER  ALLOWING   £100  TO  M»  TREAS"  GRAY. 

A  Memorial  of  Harrison  Gray,  Esq ;  Treasurer  of  the  Province, 
setting  forth  the  great  Fatique  and  Trouble  he  has  been  at,  in  hir- 
ing large  Sums  of  Money  of  sundry  Persons,  for  the  Use  of  the 
Government,  and  in  paying  off  the  Officers  and  Soldiers  Wages  for 
the  late  Crown-Point  Expedition,  the  several  Grants  to  sick  and 
wounded  Soldiers,  and  Taverners  and  others  Accounts  of  Entertain- 
ment afforded  them,  for  which  Service  he  has  been  obliged  to  hire 
a  Clerk  extraordinary;  and  praying  such  an  Allowance  for  his 
Trouble  and  Expence  therein,  as  shall  be  judged  reasonable. 

Ordered,  That  there  be  allowed  to  the  Province  Treasurer  Har- 
rison Gray  Esq*"  The  Sum  of  One  Hundred  Pounds  in  Consideration 
of  his  Extraordinary  Services  in  paying  off  the  Officers  &  Sold"  em- 
ployed In  the  late  Crown-Point  Expedition,  And  That  the  Said  Sum 
be  put  into  the  Acco*^  of  S''  Expedition  prepared  to  be  transmitted 
to  great  Britain.     \^Pass6d  April  21, 


RESOLVES,  ORDERS,  VOTES, 

ETC. 

Passed   1756-57. 


[623J 


LEGISLATIVE   LIST' 

FOR 

1756-57- 


SPENCER    PHIPS,   Lieutenant   Governor   [Acting    Governor  from 
May  26,  1756,  until  August  11,  1756']. 

His  Excellency  WILLIAM   SHIRLEY  {;until  September  25,  1756], 
Captain-General  and  Governor-in-chief. 

SPENCER    PHIPS,    Lieutenant    Governor  \_Acting    Governor  from 
September  25,  1756,  until  April  4,  1757]. 

Action  by  MAJOR  PART  OF  THE  COUNCIL  from  April  4,  1757. 

JOSIAH  WILLARD  [until  December  6,  1756}, 

SECBETABY  OF  the  PROVINCE. 

ANDREW  OLIVER  Ifrom  December  13,  1736], 

SECRETARY  OF  THE  PROVINCE. 

THOMAS    CLARKE, 

DEPUTY  SECRETARY. 


COUNCILLORS   OR  ASSISTANTS. 

Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the  Territory  formerly 
called  the  Colony  of  the  Massachusets  Bay  j 

John  Osborne  \  Ezekiel  Chever 

Francis  Foxcroft  \  Andrew  Oliver 

Jacob  Wendell  j  Joseph  Ptnchon 

Benjamin  Lynde  [  Thomas  Hutchinson 

Daniel  Russel  >Esqrs.  Stephen  Sewall             )Esqrs. 

Samuel  Danforth  (  Isaac  Royal 

John  Greenleaf  \  Eleazer  Porter 

Samuel  Watts  1  John  Erving 

John  Chandler  /  Benjamin  Pickman 

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

John  Gushing  |-i7o^T,a  Sylvanus  Bourn  l-p„ni.Q. 

George  Leonard  P^^^^'  John  Otis  P^^^^ 

I  See  Legislative  Records  of  the  Council,  xxi.,  181-184. 
[525] 


526     Province  I^a-wb  (^Resolves,  etc.).  —  1756-57.     [Representatives.] 

Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the  Territory  called  the 
Provitice  of  Mayne  ; 

Sir  William  Pepperel,  Baronet,  John  Hill  &  Richard  Cutt,  Esqrs. 

Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the  Territory  lying 
between  the  River  of  8agadahock  <&  Nova  Scotia  ; 

William  Brattle,  Esq. 

For  the  Province^  at  large :  — 

James  Minot  &  Benjamin  Lincoln,  Esqrs. 


REPRESENTATIVES   OR  DEPUTIES. 

May  26,  1756  to  April  25,  1757. 

Mr.  THOMAS  HUBBARD,  Speaker. 


c 

Bounty  of  Suffolk. 

GOUNTY 

OF  Essex  —  Concluded. 

Boston,  . 

.     .  Samuel  Welles,  Esq., 

Olocester,  . 

.  William  Stevens,  Esq. 

Thomas  Hubbard,  Esq., 

Bradford,  . 

.  Mr.  William  Hardy. 

Mr.  John  Tyng, 

Boxford,    . 

.  Mr.  Jonathan  Foster. 

Mr.  Thomas  Flucker. 

Amesbury, 

.  Mr.  Isaac  Merrill. 

Roxbury, 

.     .  Mr.  Samuel  Heath. 

Topsfeld,  . 

.  Mr.  Elijah  Porter. 

Dorchester, 

.  Mr.  James  Foster. 

Methuen,    . 

.  Mr.  Ebenezer  Barker. 

Milton,   . 

.     .  Samuel  Miller,  Esq. 

Braintree, 

.  John  Quincy,  Esq. 

Gom 

fXY  OF  Middlesex. 

Weymouth, 

.  Mr.  James  Humphreys. 

Cambridge,     . 

.  Henry  Vassal,  Esq., 

Hingham, 

.  Mr.  Jacob  Gushing. 

Mr.  Henry  Prentice. 

Dedham, 

.     .  Mr.  Nathaniel  Sumner. 

Charlestown, 

.  Mr,  James  Russell. 

MecLfield, 

.  Mr.  Ephraim  Chenery. 

Watertown, 

.     .  John  Hunt,  Esq. 

Stoughton, 

.  Mr.  Richard  Bailey. 

Woburn,     . 

.  Josiah  Johnson,  Esq. 

Needham, 

.  Mr.  Amos  Fuller. 

Reading,    . 

.  Mr.  John  Temple. 

Brooklyne,  . 

.  Jeremiah  Gridley,  Esq. 

Concord  & 

\ 

Wrentham, 

.  Mr.  Eliphalet  Whitney. 

Carlisle, 

>  Gapt.  James  Barret. 

Medway,     . 

.  Mr.  John  Adams. 

Newton,     . 

.  Henry  Gibbs,  Esq. 

Sudbury,  . 

.  John  Noyes,  Esq. 

County  of  Essex. 

Marlborough, 

.  Mr.  Samuel  Witt. 

Salem  & 
Danvers, 

(  Henry  Gibbs,  Esq., 

\  Daniel  Epes,  Jr.,  Esq.    • 

Oroton,  Shirle 
&  Pepperel, 

>  William  Lawrence,  Esq. 

Ipswich, 

.  Mr.  Daniel  Staniford. 

Billerica,  .     . 

.  Mr.  William  Stickney. 

Newbury, 

.  Joseph  Gerrish,  Esq. 

Framingham, 

.  Joseph  Buckminster,  Esq 

Marblehead, 

.  John  Tasker,  Esq., 

Chelmsford,    . 

.  Capt.  Ephraim  Spauld- 

Richard  Reed,  Esq. 

ing. 

Lyn, 

.  Capt.  Benjamin  Newhal. 

Maiden, 

.  Mr.  Benjamin  Hills. 

Beverly, 

.  Robert  Hale,  Esq. 

Weston, 

.  Capt.  Elisha  Jones. 

Andover, 

.  Mr.  Joshua  Fry. 

Medford,    . 

.  Stephen  Hall,  Esq. 

Rowley, . 

.  Mr.  Thomas  Lancaster. 

Westford,  .     . 

.  Capt.  James  '  Keep. 

Salisbury, 

.  Mr.  Caleb  Gushing. 

Waltham,  . 

.  Samuel  Livermore,  Esq. 

Haverhill, 

.  Mr.  David  Marsh. 

Lincoln,     . 

.  Chambers  Russel,  Esq. 

*  The  House  Journal,  p.  '■ 

:,  reads,  "  Capt.  Jab< 

!z  Keep." 

[Representatives.]     Province  Laws  (i^esoZves,  e^c).  —  1756-57.      527 


County  of  Hampshire. 


Springfield,    .  . 

Northampton  &  J 

Southampton,  S 

Eadley  &  } 

South  Hadley,  i 

Hatfield,    .     .  . 

Deerfield,  .     .  . 
Westfield,  . 

Sheffield,    .     .  . 

Sunderland,  > 

Montague  &  | 

New  Salem,  > 

Brimfield,       .  . 

County 
Worcester, 
Leicester  & 
Spencer, 
Lancaster, 


Brookfield, 
Lunenburgh,  . 
Oxford  & 
Charlton, 
Mendon,     .     . 
Rutland  &  But 
land  District, 
Sutton,       .     . 
Southborough, 
Westborough, 
Shretvsbury, 
Bolton,  .     . 
Sturbridge, 
Harvard,    . 
Dudley, 
Grafton, 


John  Worthington,  Esq. 
Mr.  Gideon  Lyman. 

Mr.  Josiah  Pierce. 

Israel  Williams,  Esq. 
Mr.  Joseph  Barnard. 
Eldad  Taylor,  Esq. 
Capt.  Ithamar  Hubbal. 

>Mr.  John  Gun. 

,  Mr.  Samuel  luug. 

OF  Worcester. 
.  Timothy  Payne,  Esq. 

Capt.  John  Brown. 

William    Richardson, 

Esq. 
Capt.  Jabez  Upham. 
Capt.  Joshua  Hutchins. 

Capt.  Edward  Davis. 

Capt.  Phineas  Lovet. 

John  Murray,  Esq. 

Capt.  Henry  lOng. 

Timothy  Brigham,  Esq. 

Mr.  Francis  Whipple. 

Mr.  Isaac  Temple. 

Mr.  Samuel  Baker, 
.  Moses  Marcy,  Esq. 
.  Capt.  John  Whitney. 
.  Capt.  Thomas  Cheney. 
.  Mr.  Ephraim  Sherman. 


County  of  Plymouth. 
Plymouth,    .     .  Thomas  Foster,  Esq. 


Scituate, 

Bridgwater, 

Marshfield, 

Duxbury, 

Middleboro, 

Rochester, 

Plympton, 

Pembroke, 

Kingston, 

Hanover, 

Abington, 


Thomas  Clap,  Esq. 
Daniel  Howard,  Esq. 
Mr.  John  Thomas. 
Gamaliel  Bradford,  Esq. 
Mr.  Ebenezer  Sprout. 
Capt.  Koah  Sprague. 
;^'Ir.  Isaac  Bonney. 
JNIr.  Israel  Turner. 
Mr.  John  Brewster. 
David  Stockbridge,  Esq. 
Mr.  Jacob  Porter. 


County  of  Barnstable. 

Barnstable,  .  .  James  Otis,  Esq. 

Sandwich,    .  .  Rowland  Cotton,  Esq. 

Eastham,     .  .  Capt.  Solomon  Pepper. 

Yarmouth,  .  .  Mr.  Joseph  Hall. 

Harwich,     .  .  Nathaniel  Stone,  Esq. 

County  of  Bristol. 

Taunton,      .  .  Samuel  White,  Esq. 

Rehoboth,      .  .  Capt.  Aaron  Kingsley. 

Swanzey,      .  .  William  Slaid. 

Dartmouth,  .  .  Mr.  James  Allen. 

Norton,    .     .  .  Mr.  Thomas  Mooney.' 

Attleborough,  .  Mr.  Maxey.* 


York,  . 

Kittery, 

Welles, 

Berwick, 

Falmouth 

Biddeford 


County  of  York. 

.  Mr.  John  Bradbury. 
.  Mr.  James  Gowen. 
.  Capt.  John  W^inn. 
.  Mr.  Benjamin  Chadbum. 
.  Enoch  Freeman,  Esq. 
.  Mr.  Samuel  Jordan. 


In  the  County  of  Nantucket. 

Sherburn,     .     .  Abishai  Folger,  Esq. 


*  The  House  Journal,  p.  4,  reads,  "  Mr.  Thomas  Morey." 

*  The  House  Journal,  p.  4,  reads,  "Mr.  Josiah  Maxey." 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-sixth  Day  of  May,  A.D.  1756. 


CHAPTER    1. 

ORDER   APPOINTING   A    COMMITTEE    TO    SELECT   LOCATION   FOR   A 
POWDER  MAGAZINE,  &c^ 

In  the  House  of  Eep"  Rlfirdfof  the 

Ordered^  That  M''  Hunt  and  M''  James  Russell  with  such  as  the  council,  xxi., 
hon  Board  shall  join  be  a  Com*^^  to  repair  to  the  Town  of  Cam-  ^cWves?" 
bridge  or  elsewhere,  &  pitch  upon  a  suitable  place  for  erecting  a  ixxv.,  en. 
Magazine  for  the  reception  of  Gun  Powder  belonging  to  the  Prov-  House  Jour- 
ince;  to  prepare  a  Plan  of  the  Building,  and  an  Estimate  of  the  ?24  (NoVeniberl 
Charge  thereof,  and  report  thereon.  '^"'^^^'  p-^^- 

In  Council  Read  and  Concurr'd  and  William  Brattle  Esq"  is  join'd 
in  the  affair.     \^Passed  May  28. 


CHAPTER    2. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  FRENCH  NEUTRALS. 

The  Committee  appointed  to  consider  &  report  what  is  proper  Legislative 
to  be  done  by  this  Court  in  relation  to  the  French  Families  last  counc*if,  S* 
imported  into  this  Province,  have  attended  that  Service  &  would  isv.  Mass. 
humbly  propose  that  the  said  French  Families  be  allowed  to  remain  xxm.,  76.* 
in  this  Province,  and  be  distributed  into  the  several  Sea  Port  Towns  Mass. 
between  Plymouth  and  Glocester,  those  Towns  being  included,  and  xx?ii!^74!'75. 
if  any  of  those  French  People  should  hereafter  be  chargeable,  it  Legislative 
should  not  be  to  the  Towns  where  they  reside,  but  to  this  Prov-  council,  xxi., 
ince.  All  w=^  is  humbly  submitted.  journ^iTp- w, 

By  John  Cush°  per  Order.      13.  Province  ' 

T,       T  T  "^  ^  Laws,  ill.,  960, 

Read  and  1055,  notes. 

Ordered^  That  this  Report  be  Accepted.     \^Passed  May  28. 


[529] 


530 


Province  Laws  {Hesolves,  etc.),  — 175 6-5 7 .     [ Chaps .  3-5 . ] 


CHAPTEE    3. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EXCISE 
FOR  THE  COUNTY  OF  PLYMOUTH  AND  ALLOWING  £4.  13.  8  FOR  THE 
EXPENSE  THEREOF. 


Legislative 
Records  of  the 
Council,  xxl., 
190.    Mass. 
Archives,  cxx., 
98. 

House  Jour- 
nal, pp.  9, 10. 
Province 
Laws,  ili.,  961, 
note.    Ante, 
p.  458,  chap. 
329. 


The  Committee  for  letting  out  to  farm  the  Excise  on  spiritous 
Liquors  in  the  County  of  Plymouth,  reported  that  they  had  agreed 
for  the  Excise  the  Currant  Year  with  Josiah  Keen  for  £410  and 
had  agreed  for  the  Excise  from  the  twenty  sixth  of  December  last 
to  the  twenty  sixth  of  March  last  with  Joseph  Joslyn  for  £113  and 
taken  Bonds  of  them  both  with  Sureties,  which  they  have  lodged 
in  the  Treasury,  their  Account  amounting  to  £4.13.8. 

Eead  and 

Ordered,  That  this  Eeport  be  Accepted ;  And  That  there  be  allowed 
and  paid  out  of  the  public  Treasury  the  Sum  of  Four  pounds  thir- 
teen shillings  &  eight  pence  to  the  s*^  Com'*^  in  discharge  of  their 
Acco'  of  Time  &  Expences  exhibited.     [Passed  May  28.^ 


CHAPTER    4. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EXCISE 
FOR  THE  COUNTY  OF  WORCESTER  AND  ALLOWING  29/4  FOR  THE 
EXPENSE  THEREOF. 


Legislative 
Records  of  the 
Council,  xxl., 
191.    Mass. 
Archives,  cxx., 
96,  97. 

Mass. 

Archives,  cxx., 
96.    House 
Journal,  p.  11. 
Province 
Laws,  ill.,  903, 
chap.  31.   Ante, 
p.  458,  chap. 
323. 


The  Committee  for  letting  out  to  farm  the  Excise  on  Spiritous 
Liquors  for  the  County  of  Worcester  reported  that  they  had  agreed 
with  Ezra  Taylor  for  the  Excise  in  the  Currant  Year  for  the  Sum 
of  £313.12/  and  with  the  same  Person  for  the  Excise  arising  between 
the  26"^  of  December  last  and  the  26*  of  March  last  for  the  Sum  of 
£78.8  and  have  taken  Bonds  of  him  with  Sureties,  and  have  lodged 
the  same  in  the  Treasury  their  Acco'  of  Time  &  Expence  amounting 
to  £1.9.4. 

Eead  and 

Ordered,  That  this  report  be  Accepted ;  &  That  there  be  allowed 
and  paid  out  of  the  Public  Treasury  the  Sum  of  twenty  nine  shil- 
lings &  four  pence  to  the  said  Committee  in  Discharge  of  their  Acco' 
of  Time  &  Expences  exhibited.     [Passed  May  28.^ 


CHAPTER    5. 


ORDER  ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  WORCESTER 

COUNTY. 


Legislative 
Records  of  the 
Council,  xxl., 

187.    Mass. 
Archives, 
ccxlix.,  83. 

House  Jour- 
nal, pp.  10, 19. 


An  Accompt  presented  by  M'  Gardner  Chandler  Treasurer  of  the 
County  of  Worcester  for  the  Year  1755,  having  been  by  him  laid 
before  the  Court  of  General  Sessions  of  the  Peace  for  said  County 
&  by  them  allowed. 

Eead  and 


^  This  date  is  according  to  Mass. 
Council  the  date  is  May  31. 


Archives ;  according  to  Legislative  Records  of  the 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  531 

Ordered,  That  this  Acco'  be  allowed;  and  That  the  Ballance 
thereof  being  One  hundred  and  Twenty  Nine  Pounds  fourteen 
Shillings  &  five  pence  farthing  the  s'^  Treasurer  be  further  account- 
able to  the  said  County  for.     \^Passed  May  29.^ 


CHAPTER    6. 

ORDER  ALLOWING  £5  PER  MONTH  TO  THE  CHAPLAIN    AT    FORT    MAS-  Legislative 

SACHUSETTS.  Records  of  the 

Council,  XXI., 

188.    Mass.     _ 

Ordered,  That  there  be  allowed  for  "Wages  to  the  Chaplain  at  Archives,  xiii.. 
Fort  Massachusetts  five  Pounds  ^  month,  For  the  term  of  g — ^  j  ^ — 

seven  months  from  the  last  day  of  March  last.     \ Passed  May  29.     nai,  p.  i9. 

''  L  J  Ante,Tp.4:1S, 

Chap.  364. 


CHAPTER    7. 

ORDER    ALLOWING    THE    ACCOUNT    OF    THE    TREASURER    OF    ESSEX 

COUNTY. 

An  Accompt  presented  by  Daniel  Appleton,  Treasurer  of  the  Legislative 
County  of  Essex  for  the  last  Year,  having  been  laid  before  the  couxicif,xx*L,^ 
Court  of  General  Sessions  of  the  Peace  for  the  said  County  &  by  i^8. 

them  allowed.  House  Jour- 

Eead  &  _  nal.pp.10.20. 

Ordered  that  this  Account  be  allowed,  and  that  the  Ballance 
thereof  being  Three  hundred  &  thirteen  Pounds  six  Shillings  and 
eight  pence,  the  said  Treasurer  be  further  accountable  to  said  County 
for.     [Passed  May  29. 


CHAPTER    8. 

VOTE  DESIRING  HIS   HONOR  THE   LIEUT.  GOVERNOR  TO   GIVE  ORDERS 
FOR  A  SCOUT  FROM  FORT  GEORGE  TO  MACQUOIT. 

A  Petition  of  the  Select  Men  of  the  Town  of  Brunswick,  shew-  Legislative 
ing  how  much  the  Inhabitants  there  are  exposed  to  the  Assaults  of  councff.xxi.^^ 
an  Indian  Enemy  and  praying  that  they  may  have  Force  to  defend  i89.  Mass. 

secure  them.  cxvii.,  177. 

Eead  and  Mass. 

Voted  That  his  Hon''  the  Lieu*  Governor  be  desired  to  give  Orders  ^x^viiI^itc. 
that  fourteen  men  belonging  to  the  Scouting  Company  under  the  House  Jour- 
Command  of  Cap'  Samuel  Gooding  Continually  Scout  on  the  back      '^^'    ' 
of  the  Inhabit*^  from  Fort  George  to  Macquoit,  untill  the  further 
Order  of  this  Court.     [Passed  May  29. 

'  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  May  28. 


532 


Province  Laws  {Resolves^  etc.).  — 1756-57.     [Chaps.  9-11.] 


CHAPTEE    9. 


Legislative 
Records  of  the 
Council,  xxi., 
189.    Mass. 
Archives, 
Ixxv.,  609. 


Archives, 
Ixxv.,  608. 
House  Jour- 
nal, pp.  8, 16. 


ORDER   FOR   FURNISHING    THE    TOWN    OF    TRURO    WITH  A  CANNON, 
SMALL  ARMS,  AMMUNITION,  ETC. 

A  Petition  of  the  Select  Men  of  Truro  setting  forth  the  Weak- 
ness and  Poverty  of  the  said  Town,  and  that  they  are  by  their  Sit- 
uation exposed  to  the  landing  of  the  French  in  the  Time  of  War, 
and  praying  for  the  grant  of  Twenty  small  Arms  &  a  suitable  Quan- 
tity of  Ammunition  &  one  small  Cannon  for  their  Defence. 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted,  as 
And '  that  the  s^  Town  of  Truro  be  furnished  with  one  four  pound 
piece  of  Ordnance,  with  Twenty  small  Arms,  one  barel  of  Gun 
Powder  and  one  hundred  W'  of  Lead  to  be  put  into  the  hands 
of  M""  Joshua  Atkins  tSt  he  to  be  accountable  for  the  same  when 
demanded:  And  That  his  Honour  the  Lieu'  Governor  be 

desired  to  give  Orders  Accordingly.     [Passed  May  29. 


CHAPTER    10. 


ORDER  ACCEPTING  ACCO^  OF  TRUSTEES  OF  HASSANIMISCO  INDIANS. 


Legislative 
Records  of  the 
Council,  xxi., 

189.    Mass. 

Archives, 

xxxii.,726. 

House  Jour- 
nal, pp.12, 17. 
Province 
Laws,  xiii.,  326, 
chap.  227. 


An  Accompt  presented  by  John  Chandler  &  John  Jones  &  M'' 
Edw*^  Baker  Trustees  of  the  Hassanimisco  Indians  of  their  Eeceipts 
&  Disbursem'^  for  the  said  Indians  in  the  Year  past ;  &c^ 

Eead  and 

Ordered  That  this  Acco'  be  accepted.  And  That  the  Said  Trustees 
be  accountable  to  the  said  Indians  for  the  Balance  thereof  being 
eighteen  Shillings  and  one  One  '  peny  farthing.     [Passed  May  29. 


CHAPTER    11. 


ORDER    IMPOWERING    THE    EXECUTRIX    OF    THE    ESTATE    OF    GEORGE 
PIERCE  TO  SELL  LAND. 


Legislative 
Records  of  the 
Council,  xxi., 
189.    Mass. 
Archives,  xix., 
398. 

Mass. 

Archives,  xlx., 
397,399.   House 
Journal,  pp.10, 
16.    Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  George  Peirce  of  Lincoln  Attorney  to  the  Exec- 
utrix of  the  Testament  of  George  Peirce  late  of  Weston  in  the 
County  of  Middlesex  dec*^  shewing  that  the  said  Testator  impow- 
ered  his  Executrix  to  sell  his  Eeal  Estate  in  Concord,  as  judging 
it  best  for  his  Heirs ;  and  for  as  much  as  there  are  two  Acres  belong- 
ing to  the  Homestead  which  ly  within  the  Bounds  of  Lexington, 
Praying  to  be  impowered  by  this  Court  to  sell  the  same. 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  granted ;  and  That 
the  Surviving  Executrix  of  y"  said  deceased's  last  Will  &  Testament 
be  and  hereby  is  impowered  to  Sell  the  two  acres  of  Land  mentioned 
lying  in  Lexington  as  though  the  same  had  been  mentioned  in  y®  s*^ 
deceased's  will,  She  to  follow  the  same  Eules  &  Directions  as  to  the 


Sic. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  533 

Sale  &  giving  the  Title  as  the  Executor  is  impowered  to  do  by  the 
s**  deceased's  Will  to  his  other  Lands  lying  in  Weston  &  Concord, 
and  the  produce  thereof  to  be  accounted  for  in  the  same  manner. 
[Passed  May  29. 


CHAPTER    12. 

ORDER    FOR  SENDING  SOLDIERS  SICK  WITH  INFECTIOUS  DISEASES   TO 
THE   HOSPITAL   ON   RAINSFORD   ISLAND. 

Ordered,  That  such  Soldiers  as  have  been  lately  brought  into  this  Legislative 
Province  or  may  hereafter  be  brought  in  Sick  with  any  infectious  coundf,  'xxu^ 
Distemper  from  Fort  William  Henry  &  Fort  Edward  be  forthwith  i9i.  Mass. 
sent  to  the  Hospital  on  Eainsford's  Island  to  be  put  under  the  Care  ixxxvii.,'328. 
of  the  Select  Men  of  the  Town  of  Boston  at  the  Province  Charge.  House  Jour. 
[Passed  May  31.  nai.p.23. 


CHAPTER    13. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EXCISE 
FOR  THE  COUNTY  OF  BRISTOL  AND  ALLOWING  26/6  FOR  THE  EX- 
PENSE  THEREOF. 

The  Committee  for  letting  out  to  farm  the  Excise  on  Spiritous  Legislative 
Liquors  for  the  County  of  Bristol,  reported  that  they  had  agreed  councff,  xx*l,^ 
with  Joseph  Josslyn  for  the  Sum  of  £166.13.4  for  the  Excise  aris-  m.  Mass:  " 

A.rciiivGB  cxx 

ing  this  present  Year,  and  the  Sum  of  £33.6.1  for  the  Excise  from  112. 
December  26.  1755.  to  March  26,  1756.  and  have  taken  Bonds  of  the  House  Jour- 
said  Josslyn  with  Sureties  and  lodged  the  same  in  the  Treasury,  their  ^*'<'/P"  Ifg^*' 
Acco'  of  Time  &  Expence  being  26/  6.  chap'.  331. 

Read  and 

Ordered  That  this  Report  be  Accepted ;  And  That  there  be  allowed 
and  paid  out  of  the  Public  Treasury  the  Sum  of  twenty  Six  Shill^ 
&  six  pence  to  the  said  Committee  in  discharge  of  their  Acco'  of 
time  &  Expences  exhibited.     [Passed  May  31. 


CHAPTER    14. 

ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered  that  there  be  allowed  and  paid  out  of  the  public  Treas-  Legislative 
ury  to  William  Lawrence  Esq^  for  the  Use  of  Ephraim  Wesson  Forty  coSncff.xxi!!® 
two  Shillings,  for  the  Use  of  John  Sartle  Four  Pounds  eleven  Shil-  iQi. 
lings  and  four  pence ;  for  the  Use  of  Capt  Samuel  Preston  Six  Pounds  House  Jour- 
two  Shillings  and  one  penny,  for  the  Use  of  Ephraim  Stevens  Eleven  ^^^'  p^'  ^*'  ^^' 
Shillings  and  four  pence,  &  for  the  Use  of  Sam^  Douglass  Nineteen 
Shillings  and  ten  pence ;  for  the  Use  of  Samuel  Parker  Eleven  Shil- 
lings and  five  pence ;  for  the  Use  of  Jonah  Crosby  Ten  Shillings  and 
eight  pence ;  for  the  Use  of  Robert  Crosby  Six  Shillings ;  &  for  the 
Use  of  Joseph  Herrick  Two  Pounds  seventeen  Shillings  and  six 
pence;  To  William  Richardson  Esq''  for  the  Use  of  Aaron  Dresser 
Four  Pounds  seventeen  Shillings  and  three  pence;  For  the  Use  of 


534  Province  Laws  {Resolves,  etc.) .  — 1756-57.     [Chap.  14.] 

Jonathan  Wilder  Five  Pounds  and  four  pence ;  For  the  Use  of  Daniel 
Jewel  Two  Pounds  fourteen  Shillings  for  the  Use  of  Eachel  Whet- 
comb  Three  Pounds  twelve  Shillings  for  the  Use  of  Hannah  Woods 
Thirty  seven  Shillings,  for  the  Use  of  John  Manning  Forty  Shil- 
lings, For  the  Use  of  Asa  Whetcomb  Seven  Pounds ;  four  Shillings ; 
For  the  Use  of  Silas  Bennet  Three  Pounds  nine  Shillings  &  two 
pence;  For  the  Use  of  Thomas  Dole  Two  Pounds  fifteen  Shillings; 
For  the  Use  of  Asa  Whetcomb  on  Account  of  what  the  said  Asa 
paid  the  Eelations  of  Ithamar  Bennet  &  Oliver  Osgood  (being  12/ 
each)  Twenty  four  Shillings;  To  M"  Joshua  Fry  for  the  Use  of  Tim- 
othy Lovejoy  Four  Pounds  two  Shillings,  for  the  Use  of  Joseph 
Blanchard  Forty  Shillings;  For  the  Use  of  John  Fry  jun""  Three 
Pounds;  For  the  Use  of  Mahetabel  Fry  Four  Pounds  twelve  Shil- 
lings, and  for  the  Use  of  Ward  Noyes  Two  Pounds  twelve  Shillings, 
to  Capt  Phineas  Lovet  for  the  Use  of  Jeremiah  Thayer  Three  Pounds 
two  Shillings  and  six  pence ;  for  the  Use  of  Daniel  White  Fourteen 
Shillings  and  eight  pence;  for  the  Use  of  Peter  Haywood  Three 
Pounds ;  for  the  Use  of  Ezekiel  Moorey  Thirty  Shillings ;  «&  for  the 
Use  of  the  Reverend  NathanWebb  Five  Pounds  eighteen  Shillings 
to  Capt  Jabez  Upham,  for  the  Use  of  Joseph  Hind  Forty  Shillings ; 
for  the  Use  of  Thomas  Gilbert  jun'  Administratrix  of  the  Estate 
of  Josiah  Gilbert  dec*^  Four  Pounds;  for  the  Use  of  Joseph  Chad- 
wick  Twenty  Shillings  and  eight  pence  for  the  Use  of  John  Cheny 
Four  Pounds  eleven  Shillings,  and  for  the  Use  of  Jonathan  Abbot 
Five  Pounds  ten  Shillings  to  M""  Gideon  Lyman,  for  the  Use  of 
Aaron  Lyman  Eight  Pounds  five  Shillings  and  four  pence ;  for  the 
Use  of  Phineas  Clarke  Forty  six  Shillings;  for  the  Use  of  Aaron 
Leonard  four  Pounds  three  Shillings  and  four  pence;  and  for  the 
Use  of  Stephen  Alvord  Forty  eight  Shillings  and  six  pence,  to  Capt 
Joshua  Hutchins  for  the  Use  of  Abraham  Ireland  Four  Pounds  six 
Shillings  and  four  pence ;  for  the  Use  of  James  Clarke  of  Lancaster 
Forty  Shillings;  for  the  Use  of  John  Henderson  Sixteen  Shillings 
and  four  pence,  and  for  the  Use  of  Zeckariah  Whitney  Eighteen 
Shillings;  to  M'  Thomas  Moorey  for  the  Use  of  Robert  Craige  Thirty 
Shillings ;  for  the  Use  of  Jonathan  Caswell  Five  Pounds  five  Shil- 
lings, to  M'  Joseph  Peirce  for  the  Use  of  Joseph  Alexander  Thirty 
six  Shillings  and  eight  pence;  for  the  Use  of  Jabez  Kellog  Twenty 
Shillings  and  nine  pence ;  for  the  Use  of  John  Wilder  Forty  eight 
Shillings ;  and  for  the  Use  of  Thomas  Temple  Thirty  five  Shillings ; 
To  Cap'  John  Brown  for  the  Use  of  Job  Weld  Twenty  one  Shillings 
and  eight  pence,  and  for  the  Use  of  Caleb  Bridges  Three  Pounds 
seven  Shillings  &  four  pence,  to  Capt  Ephraim  Spaulding  for  the 
Use  of  Peter  Procter  Twenty  Shillings,  to  Eldad  Taylour  Esq'  for 
the  Use  of  John  Patterson  Twenty  six  Shillings  and  eight  pence; 
to  M'  Samuel  Baker  for  the  Use  of  Eleazer  Whetcomb  Three  Pounds 
seven  Shillings  and  eight  pence,  to  M"'  Josiah  Maxey  for  the  Use  of 
Henry  Brag  Six  Pounds,  to  M''  William  Hardy  for  the  Use  of  Ichabod 
Cheney  Forty  six  Shillings  and  four  pence ;  to  Joseph  Gerrish  Esq"" 
for  the  Use  of  Edward  Woodman  Thirty  Shillings ;  To  M""  Francis 
Whipple  for  the  Use  of  Abraham  Knolton  Thirty  seven  Shillings 
and  eight  pence.  To  Henry  Gibbs  of  Newton  Esq"  for  the  Use  of 
Michael  Jackson  jun''  Forty  six  Shillings  &  eight  pence;  To  Capt 
Jonathan  Whitney  for  the  Use  of  Isaac  Gates  Three  Pounds  twelve 
Shillings,  To  Capt  Elijah  Jones  for  the  Use  of  William  Norcross 
Forty  eight  Shillings,  To  Ebenezer  Hill  Six  Pounds  three  shillings 
and  four  pence,  To  Joseph  Baker  Five  Pounds  two  Shillings  and 


[1st  Sess.J     Province  Laws  {Resolves,  etc.).  — 1756-57.  535 

ten  pence,  To  Oliver  Warren  Four  Pounds  nineteen  Shillings  and 
four  pence,  To  Joseph  Dudley  Forty  two  Shillings;  To  James  Man 
Twenty  four  Shillings  and  eight  pence ;  To  Edward  Selfridge  Seven 
Pounds  sixteen  Shillings  and  four  pence,  to  John  Hayward  Winslow 
Ten  Shillings:  To  Benjamin  Stebbins  four  Shillings;  To  Elijah 
Eemington  Six  Pounds  three  Shillings  and  three  pence ;  To  Jonas 
Stieles  Seven  Pounds  four  Shillings ;  To  Moses  Noble  Twenty  three 
Shillings  &  nine  pence;  To  Alexander  Turner  Four  Pounds  eight 
Shillings  and  six  pence ;  To  Henry  Webber  Two  Pounds  thirteen  Shil- 
lings and  seven  pence ;  To  Cap'  Samuel  Clark  Four  Pounds  ten 
Shillings  and  ten  pence ;  To  Nathaniel  Butterworth  Five  Pounds 
nineteen  Shillings  and  eleven  pence ;  To  Josiah  Stone  Five  Pounds 
six  Shillings  and  eight  pence;  To  Daniel  Rice  Seven  Shillings  & 
eight  pence;  To  James  Hill  Nineteen  Shillings  and  four  pence, 
To  Josiah  Whiting  Sixteen  Shillings;  To  Ebenezer  Sternes  Forty 
eight  Shillings  and  eight  pence :  To  Samuel  Ross  Twenty  four  Shil- 
lings; To  Eliphalet  Ware  Three  Pounds  fourteen  Shillings;  To 
Zerubabel  Snow  Forty  Shillings;  To  Richard  Smith  Two  Pounds 
ten  Shillings  &  eight  pence,  to  Richard  Kellog  Ten  Shillings;  To 
John  Gibbs  Thirty  six  Shillings;  To  Abraham  How  Twenty  two 
Shillings  and  four  pence,  To  Joseph  Porter  Forty  one  Shillings  and 
four  pence.  To  Eliphalet  Fales  Twenty  Shillings,  To  Peter  Black- 
more  Forty  three  Shillings ;  to  John  Carlton  Eighteen  Shillings,  To 
Samuel  Runnels  Four  Pounds  four  Shillings  and  eight  pence ;  To 
William  Chadwick  Eighteen  Shillings;  To  Nathaniel  Holman  Two 
Pounds  ten  Shillings;  To  Jedediah  Blaney  Forty  Shillings;  To 
James  Clark  of  Medfield  Three  Pounds  ten  Shillings;  To  Solomon 
Steward  Four  Pounds  six  Shillings  and  two  pence;  To  Joseph 
Houghton  Nineteen  Shillings  and  six  pence,  to  Benjamin  Moor 
Twenty  Shillings;  To  Jonathan  Prat  Four  Pounds  fifteen  Shil- 
lings and  ten  pence;  To  David  Fisher  Thirty  Shillings  and  eight 
pence;  To  Oliver  Peabody  Twenty  four  Shillings;  To  Robert  Cutler 
Forty  Shillings ;  To  Joshua  Taf t  Two  Pounds  nineteen  Shill^^  and 
eight  pence ;  To  Benjamin  Haws  Sixteen  Shillings  &  six  pence ;  to 
Benjamin  Ware  Twenty  one  Shillings  &  six  pence:  To  Thomas 
Boyden  Forty  Shillings;  To  William  Burton  Forty  four  Shillings 
and  six  pence.  To  Samuel  Choat  Three  Pounds  four  Shillings,  and 
to  Benjamin  Guild  Twenty  two  Shillings  and  eight  pence,  being  in 
full  Consideration  of  Sickness  &  Expences  mentioned  in  their  sev- 
eral Petitions  and  Accompts  herewith  exhibited;  And  also  to  John 
Sternes  Five  Pounds  in  full  to  this  Time  for  his  Sufferings  as  men- 
tioned in  his  Petition.     \_Passed  May  31. 


CHAPTER    15. 

ORDER  APPOINTING  A   COMMITTEE   TO    EXAMINE    CHARGES    FOR    SUP- 
PORT OF  FRENCH  NEUTRALS,  &c. 

In  Council  K'Xof  the 

Ordered  that  Samuel  Watts  and  William  Brattle  Esq"  with  such  council,  xxi., 
as  the  hon*'^''  House  shall  join  be  a  Comm^®  to  examine  such  Accounts  Archives^,^' 
of  Charges  as  have  been  or  may  be  offer'd  to  this  Court  for  support-  xxiu.,  uo. 
ing  any  of  the  French  Inhabitants  that  have  been  lately  brought  from  glfg^'lg^of  ^^e 
Nova  Scotia,  into  this  Province  And  that  the  Com'^^  project  some  council, xxi., 


536 


Province  Laws  {Resolves^  etc.).  — 1756-57.     [Chaps.  16,17.] 


Journal  p""/^  Method  for  easing  the  Province  of  such  a  Charge  for  the  future 
Province  and  Report  as  soon  as  may  be. 

notlf'^Anu^'  hy  order  W"  Peppereell 

?>oK^54i;  '•  In  the  House  of  Rep^ 

chap.  32.  jiead  and  Concurred,  And  M'  Welles,  Thomas  Foster  Esq^'  &  M' 

Paine  are  joined  in  the  Affair.     \_Passed'^  May  Sl.^ 


CHAPTER    16. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EXCISE 
FOR  THE  COUNTY  OF  HAMPSHIRE  AND  ALLOWING  12/  FOR  THE  EX- 
PENSE THEREOF. 


Legislative 
Eecords  of  tlie 
Council,  xxi., 
195. 

House  Jour 
nal,  p.  27. 
Ante,  p.  458, 
chap.  327. 


The  Committee  for  letting  out  to  farm  the  Excise  on  Spiritous 
Liquors  in  the  County  of  Hampshire  reported  that  they  had  agreed 
with  Elisha  Pomroy  for  the  same ;  viz*  the  Excise  for  the  present 
Year  for  £165,  and  the  Excise  for  the  Time  between  the  26"^  of 
December  and  the  26**"  of  March  last  for  £20,  &  have  taken  Bonds 
of  him  with  Sureties,  and  lodged  them  in  the  Treasury  the  Com- 
mittees Acco*  of  Time  and  Expence  therein  amounting  to  twelve 
Shills^ 

Read  & 

Ordered  that  this  Report  be  accepted,  and  that  there  be  allowed 
&  paid  out  of  the  public  Treasury  the  Sum  of  Twelve  Shillings  to 
the  said  Committee  in  discharge  of  their  Acco'  of  Time  &  Expence 
exhibited.     \_Passed  June  1. 


CHAPTER    17. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EXCISE 
FOR  THE  COUNTY  OF  BARNSTABLE  AND  ALLOWING  £2.  14  FOR  THE 
EXPENSE  THEREOF. 


Legislative 
Records  of  the 
Council,  xxi., 
195. 

House  Jour- 
nal, p.  26. 
Ante,  p.  459, 
chap.  330. 


The  Committee  for  letting  out  to  farm  the  Excise  on  spiritous 
Liquors  in  the  County  of  Barnstable  reported  that  they  had  let  out 
the  same  to  Nathaniel  Little,  viz'  the  Excise  for  the  Current  Year 
for  £204  and  the  Excise  for  the  Time  between  the  26*^  of  Decem- 
ber and  the  26"'  of  March  last  for  £57.10  and  have  taken  Bonds 
of  him  with  Sureties,  &  lodged  them  in  the  Treasury,  their  Acco' 
of  Time  &  Expence  therein  amot^  to  54/. 

Read  & 

Ordered  that  this  Report  be  accepted,  and  that  there  be  allowed 
and  paid  out  of  the  public  Treasury  the  Sum  of  Two  Pounds  four- 
teen Shillings  to  the  said  Committee  in  discharge  of  their  Acco'  of 
Time  &  Expences  exhibited.     \^Passed  June  1. 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  June  1. 


[1st  Sess.]     Province  Laws  {Resolves^  etc.).  — 1756-57.  537 


CHAPTEE    18. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EXCISE 
ON  LIQUORS  TEA  &.c^  FOR  THE  COUNTY  OF  NANTUCKET  AND  ALLOW- 
ING 36/  FOR  THE  EXPENSE  THEREOF. 

The  Committee  for  letting  out  to  farm  the  Excise  in  Nantucket  ggf*^^^fjf%jj 
County  reported  that  they  had  agreed  with  Obed  Hussey  for  the  council, xxi., 
Excise  on  Tea  &c^  for  one  Year  for  £11.1.4  and  with  Thomas  Arthur  Archi^esfcxx., 

for  the  Excise  on  Spirituous  Liquors  for  three  Months  as  expressed  H!^ 

by  Law  for  £7.9.4  &  the  Excise  on  Liquors  for  the  Current  Year  House  Jour- 
£35.14.8  and  have  taken  Bonds  of  them  with  Sureties  and  lodged  Ante,'v.is,o, 
them  in  the  Treasury;  The  Committees  Acco'  for  Time  &  Expence  ciia,p-334. 
amounting  to  £1.16. 

Eead  and 

Ordered  That  this  Eeport  be  Accepted,  And  That  there  be  Allowed 
and  paid  out  of  the  Public  Treasury  the  sum  of  Thirty  Six  Shillings 
to  the  said  Com'**  in  Discharge  of  their  Acco'  of  Time  and  Expences 
Exhibited.     {^Passed  June  1. 


CHAPTER    19. 

ORDER  IMPOWERING  EDMUND   SOPER  TO    RECEIVE    THE    WAGES    OF 

ASA  SOPER. 

A  Petition  of  Edmund  Soper  of  Bridgwater  shewing  that  his  Legislative 
Brother  Asa  Soper  died  a  Soldier  in  the  Service  of  the  Province  in  councff,  xxi!^* 
Debt  to  the  Petitioner,  Praying  that  he  may  be  impowered  to  receive  ^^-^^^H^- 
his  Wages  out  of  the  public  Treasury  for  the  Payment  of  his  Debt,  ixxv.,  576. 

Eead  and  Mass. 

Ordered  That  the  Prayer  of  this  Pet°  be  granted,  And  That  the  itxvS's. 
Petitioner  be  and  hereby  is  impowered  to  receive  of  the  Province  House  Jour- 
Treasurer  the  wages  of  his  Brother  Asa  Soper  deceased  herein  men-  36.  '^  " 
tioned,  The  Petitioner  to  be  accountable  to  the  Creditors  And  Heirs 
of  said  Asa  their  proportionable  part  of  the  same  according  to  Law. 
\Pa88ed  June  1. 


CHAPTER     20. 

ORDER  IMPOWERING  ROBERT  BARBER,  GUARDIAN,  TO  PURCHASE  LAND. 

A  Petition  of  Eobert  Barber  of  Worcester  Guardian  of  William  Legislative 
Blair  a  Person  Non  Compos,  shewing  that  in  the  Year  1747.  by  ^^S.xxu,^ 
Order  of  the  General  Court  he  sold  the  Eeal  Estate  of  the  said  we.  Mass.   ' 
William,  that  the  Personal  Estate  is  now  more  than  sufficient  for  406         '      "' 


the  Support  of  said  William  &  his  Family  Therefore  praying  that  Mass. 
he  may  be  enabled  with  some  part  of  the  Personal  Estate  to  pur-  ^^g^^Le^'jg^^^'' 
chase  a  Tract  of  Land  in  the  Town  of  Pelham  belonging  to  James  tive  Records  of 
Gilmore  for  the  Benefit  of  said  Williams  Children.  xviii.*^83.*^^  * 

Eead  and  naTp^  so!'''"' 

Ordered  that  the  prayer  of  the  Petition  be  Granted  and  the  Peti- 
tioner is  hereby  Impowered  to  purchass  the  Land  within  Eeferred 


538 


Province  Laws  {Resolves,  etc.).  — 1756-57.     [Chaps.  21,  22.] 


to,  in  the  name  &  for  the  sole  use  of  the  said  William  Blair  his 
heirs  &  assigns  forever  provided  Always  that  the  Same  land  So  pur- 
chased and  the  Profitts  thereof  be  subject  to  the  care  &  Inspection 
of  said  Guardian  the  profitts  to  be  apply'd  for  the  advantage  & 
support  of  the  said  William  &  family  and  that  said  Guardian  in 
making  up  acco'  with  the  Judge  of  Probate  for  the  County  of 
Worcester  be  allowed  to  Charge  so  much  as  said  Land  may  Cost 
with  a  Eeasonable  sum  for  his  time  &  Expence  ariseing  thereby. 
{^Passed  June  1. 


CHAPTER    21. 


ORDER  DECLARING  RECORDS  OF  SECOND   PRECINCT  IN  FALMOUTH  TO 
BE  GOOD  AND   VALID. 


Legislative 
Records  of  the 
Council,  xxi., 
198.    Mass. 
Archives,  cv., 
5.S9. 

Mass. 

Archives,  cv., 
538.    House 
Journal,  pp.  17, 
33. 


A  Memorial  of  William  Simonton  &  others  a  Committee  for  the 
second  Parish  in  Falmouth,  shewing  that  Benjamin  Thrasher  has 
been  chosen  &  has  officiated  as  Clerk  of  the  said  Parish  ever  since 
the  Year  1750.  that  he  supposing  the  Oath  he  took  upon  his  first 
Entrance  on  said  Office  was  binding  upon  every  successive  Election, 
was  never  after  sworn  to  his  Duty  in  that  Office,  from  which  Omis- 
sion many  Inconveniences  may  ensue  in  the  said  Parish,  Therefore 
praying  for  Eeleif  from  this  Court. 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted,  as 
that  all  the  Eecords  of  said  Precinct  be  &  hereby  are  declared  to 
be  good  &  Valid  in  Law  to  all  intents  &  purposes,  Provided  said 
Benjamin  Thrasher  be  now  sworn  to  the  faithful  discharge  of  said 
Office  of  Precinct  Clerk  to  said  second  Precinct  in  Falmouth,  And 
that  he  Also  Sware  that  the  Eecords  heretofore  made  by  him  in  said 
Office  since  the  year  1750,  are  true  And  that  he  made  them  appre- 
hending himself  to  be  under  Oath  Provided  Also  that  this  Deter- 
mination shall  not  be  Construed  so  as  to  have  any  effect  in  any 
Cause  or  suit  in  Law  Already  Commenced  by  any  person  or  persons 
in  said  precinct.     \^Passed  June  3. 


CHAPTER    22. 


ORDER  ALLOWING   £300  TO  THE   LIEU^  GOVERNOUR. 


Legislative 
Records  of  the 
Council,  xxi., 
198.    Mass. 
Archives,!.,  1. 

House  Jour- 
nal, pp.  36, 39. 


Ordered,  That  there  be  allowed  and  paid  out  of  the  Public  Treas- 
ury to  His  Honour  Spencer  Phips  Esq'  Lieu*  Governor  &  Commander 
in  Chief  of  the  Province  The  Sum  of  Three  Hundred  Pounds,  in 
Consideration  of  his  past  Services,  &  to  enable  him  further  to  Carry 
on  the  Affairs  of  the  Governm*.     [Passed  June  4. 


[1st  Sess.]     Province  Laws  {^Resolves,  etc.).  — 1756-57.  539 


CHAPTER    23. 

VOTE  THAT  THE  PROVINCE  TREASURER  GIVE  BOND  ON  ENTRING  UPON 
THE  DUTIES  OF  HIS  OFFICE,  AND  APPOINTING  A  COMMITTEE  ON  THE 
SUFFICIENCY  THEREOF. 

In  the  House  of  Eep^  Rlford^of^the 

Voted,  That  No  Person  that  shall  be  Chosen  by  this  Court  into  council,  xxi., 

the  office  of  Treasurer  &  receiver  Gen'  for  this  Province  for  the  ATChWes^.^ciii., 

present  year  shall  be  esteemed  duly  qualified  to   enter  upon  the  f^ 


Execution  of  that  Office,  untill  he  shall  first  have  an  Oath  Admin-  Legislative 
istered  to  him  for  his  faithful  performing  of  his  said  Office,  And  councif.xxi.r 
shall  also  give  Bond  with  sufficient  sureties  to  y*"  Acceptance  of  a  journa?  p^p  n 
Com'"^  appointed  by  this  Court  for  that  purpose  in  the  sum  of  thirty  42. 
thousand  pounds  lawful  money,  to  y®  three  eldest  Councellors  in  y^ 
province  for  the  Time  being  who  are  hereby  Appointed  a  Com**'*'  in 
behalf  of  y®  Province,  and  especially  authorized  for  this  Purpose, 
which  Bond  shall  be  Conditioned  for  such  Treasurers  truly  &  faith- 
fully discharging  the  Duty  of  his  Office  according  to  Law,  &  for  his 
rendering  an  Acco'  when  &  so  often  as  he  shall  be  required  by  the 
Gen'  Court  of  all  such  sums  of  money  as  he  shall  from  time  to 
time  receive  into  y®  Treasury,  &  for  his  well  &  truly  paying  to  his 
successor  in  said  office,  or  to  any  other  person  that  may  be  ap- 
pointed by  the  Gen'  Court  to  receive  the  same  all  such  sum  or  sums 
of  Money  as  upon  such  settlement  of  his  said  Acco*  or  otherwise 
shall  be  found  due  or  payable  from  him  to  the  Province,  provided 
That  y®  said  Bond  be  put  in  suit  within  two  years  next  after  y'^  Date 
thereof  otherwise  to  be  void  and  of  none  effect :  And  That  Sam' 
Welles  Esq''  &  M""  Thomas  Flucker  with  such  as  the  Hon'  Board 
shall  join  be  a  Com"^^  to  judge  of  the  sufficiency  of  such  as  may 
offer  to  be  Come  sureties  for  the  Treasurer  as  aforesaid. 

In  Council-  Read  &  Concur'd  and  Jacob  Wendell  Esq'  is  joined 
for  the  Purpose  above  mentioned.     \^Passed  June  4. 


CHAPTER    24. 

ORDER  ALLOWING  CAP'^  ISELEY  &  SOLDIERS  WAGES  FOR  SCOUTING. 

A  Petition  of  Major  Enoch  Freeman  Esq""  setting  forth  that  ^^sisiative 
Isaac  Iseley  and  others  particularly  mentioned  in  a  Certificate  of  councn.xxi., 
Col°  Ezekiel  Gushing  were  employed  as  a  Scout  for  the  Safety  of  ArcM^es^^' 
the  Inhabitants  in  the  Eastern  parts  the  Time  therein  expressed,  xciv.,  237! 
Pray^  that  he  may  be  allowed  for  the  same  accordingly.  House  Jour. 

Eeadand  nai.  pp.  20, 38. 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted,  as 
That  there  be  allowed  and  paid  out  of  the  Public  Treasury  to  the 
said  Cap*  Isley  two  Shillings  ^  day  for  said  seven  days  Scouting  & 
one  Shilling  &  four  pence  to  each  Soldier  mentioned  in  the  Peti- 
tion in  full  for  their  pay  and  subsistence.     [Passed  June  4. 


540 


Province  Laws  {Resolves,  etc.) .  — 1756-57.     [Chaps.  25-27.] 


CHAPTER    25. 


Legislative 
Records  of  the 
Council,  xxi., 

200.    Mass. 
Archives, 
xliv.,  278. 

Mass. 
Archives, 
xliv.,  279. 
House  Jour, 
nal,  pp.  28,  34. 


ORDER  ALLOWING   £7.  8.  9  TO  JOSIAH  LOMIS. 

A  Petition  of  Josiah  Lomis  shewing  that  as  Deputy  Sheriff  of 
the  County  of  Hampshire  he  did  by  Lawful  Authority  take  into 
Custody  divers  Persons  &  was  at  Charge  in  taking  and  keeping 
them,  that  they  were  afterwards  discharged  by  the  Governours 
special  Order,  so  that  the  Petitioner  cannot  obtain  a  Eeimburse- 
ment  without  Aid  from  this  Court,  Praying  for  their  Order  there- 
upon. 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  granted ;  and  That 
there  be  allowed  and  paid  out  of  the  Public  Treasury  to  the  Peti- 
tioner y^  Sum  of  Seven  Pounds  eight  Shillings  &  nine  pence  in  full 
discharge  of  his  Acco*  exhibited.     \^Passed  June  4. 


CHAPTER    26. 


ORDER    IMPOWERING    ARNOLD    WELLES   TO    EXPORT  PROVISIONS    TO 

SURINAM. 


Legislative 
Records  of  the 
Council,  xxi., 
201.    Mass. 
Archives, 
ccciil.,  77. 

House  Jour- 
nal, p.  40. 
Province 
Laws,  iii.,  866, 
chap.  7;  956, 
note.    Ante, 
p.  270,  chap. 
261. 


A  Petition  of  Arnold  Welles  of  Boston  Merch*  shewing  that 
he  is  about  to  load  the  Schooner  Industry  William  Aish  Master  for 
Surinam  praying  that  he  may  be  permitted  to  ship  on  board  said 
Vessel  &  send  thither  One  hundred  &  fifty  Barrels  of  Provisions. 

Eead  and 

Ordered,  That  y®  Prayer  of  this  Petition  be  granted ;  And  y'  the 
Pef  be  allowed  to  shipihe  provisions  mentioned  on  board  y®  Schooner 
Industry  William  Aish  Master  for  the  Port  of  Surrinam,  and  that 
the  Commissioner  of  Impost  be  and  hereby  is  impowered  &  directed 
to  take  bond  of  the  Petitioner  for  one  thousand  Pound  Sterling  for 
landing  y^  same  at  the  said  Port  of  Surrinam,  and  That  the  chief 
Officer  of  said  Vessel  at  his  return  make  Oath  That  the  Said  Provi- 
sions were  bona  fide  landed  there,  and  upon  his  taking  the  said  Oath, 
the  said  Bond  to  be  Cancelled.     [^Passed  June  4. 


CHAPTER    27. 


VOTE  DESIRING  HIS  HONOUR  THE  LIEUTENANT  GOVERNOUR  TO  AP- 
POINT A  COMMANDER  FOR  FORCES  IN  THE  EASTERN  PARTS  AND 
INSTRUCTING  THE  COMMISSARY  GENERAL  TO  SEND  STORES  AS 
DIRECTED  BY  HIM. 


House  Jour, 
nal,  p.  39. 
Mass. 
Archives, 
Ixxv.,  644. 

House  Jour- 
nal, pp.  25, 39, 
40.    Ante, 
p.  473,  chap. 
364. 


The  Committee  appointed  to  take  under  Consideration  the  most 
convenient  and  effectual  Method  of  supplying  the  marching  Forces 
on  the  Eastern  Frontiers  with  Provisions,  &c.  reported  thereon, 
according  to  Order. 

Voted,  That  His  Honour  the  Lieu'  Gov''  &  Commander  in  Chief 
be  desired  to  appoint  some  suitable  person  or  persons  in  the  County 
of  York  to  see  that  the  several  Captains  of  the  marching  Forces  in 


[1st  Sess.]     Province  Laws  (Besolves,  etc.).  — 1756-57.  541 

the  Eastern  Parts  of  the  Province  are  faithful  in  their  Duty,  and 
remitt  him  Advice  from  Time  to  Time  of  their  Conduct:  And 

likewise  That  the  Commissary  General  be  directed  to  Send  the 
Stores  to  the  most  Convenient  place  or  places  according  to  the 
directions  of  the  said  Commanding  officer,  &  there  to  be  deliv- 
ered, to  prevent  the  Soldiers  spending  their  Time  in  fetching  Them, 
When  they  Should  be  upon  their  Duty,  which  will  greatly  be  for 
the  security  of  the  Inhabitants.     [Passed  June  4. 


CHAPTER    28. 

VOTE  DIRECTING  THE  COMMISSARY  GENERAL  TO  PROVIDE  BOATS   ON 

SEBAGO  POND. 

In  the  House  of  Eepresent^  Legislative 

Whereas  it  appears  to  this  House  That  it  would  be  of  great  Ser-  councif,  xxi.,^ 
vice  to  have  a  suitable  number  of  Boats  in  Sabago  Pond  for  trans-  ArcM^es^iv 
porting  Men  thro  the  Same  to  Amascoggin  Eiver  in  Order  to  Cut  ise^ 


off  the  Indian  Enemy  in  their  descent  upon  or  retreat  from  the  Mass. 
Inhabitants  on  the  Eastern  Frontiers;  ^5?^House'' 

Voted  That  the  Commissary  General  be  directed  to  provide  as  j°^^nte'^'^^' 
soon  as  may  be  two  good  Cedar  Whale  boats  for  the    use  of  the  pVssi,  chap.  8. 
Scouting  Companies  on  the  Said  Frontiers  as  occasion  shall  offer  ^"^''*'  ^^^^' 
the  said  Boats  to  be  delivered  to  the  Order  of  the  Commander  in 
Chief. 

In  Council  Bead  and  Concur'd.     [Passed  June  5.' 


CHAPTER    29. 

VOTE  DESIRING  HIS  HONOUR  THE  LIEUT.  GOVERNOUR  TO  COMMISSION 
GUNNERS  AT  CASTLE  WILLIAM,  AND  PROVIDING  FOR  THE  ESTAB- 
LISHMENT THEREOF. 

Voted  Elfords'ofthe 

That  his  Honour  the  Lieu*  Governour  be  desired  to  give  a  War-  Council,  xxi., 
rant  to  M""  Temple  Decoster  to  be  chief  Gunner  at  Castle  William  ArcWv^esT' 
&  M'  Jn°  Brock  as  Second  Gunner  Or  Gunner's  Mate  &  that  there  ixxv.,  647. 
be  allowed  to  the  s^  Decoster  £33.6.8  &  to  the  &^  Brock  £30         ^  House  Jour. 
Annum  for  their  Services  in  those  Station's  (January. 

That  the  s*^  Decoster  be  allowed  Two  Servants,  upwards  of  16  provin^e*^' 
year's  of  age,  on  the  Establishment  for  s"^  Castle,  to  do  Soldier's  Law8,xiv.,507, 
Duty  &  draw  Pay  as  such;  &  that  he  with  his  Two  Servants  repair  ^  ^^' 
any  small  Articles  of  Carpenter's  Work  (so  as  not  to  interfere  with 
the  business  of  their  Stations)  &  be  paid  therefor,  as  the  Com'"*  for 
the  repairs  of  s**  Castle  shall  from  time  to  time  Judge  to  be  reason- 
able.    [Passed  June  5. 

*  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  the  date  is  June  4. 


542 


Province  Laws  {Resolves^ etc.).  — 1756-57.     [Chaps.  30-32.] 


CHAPTEK    30. 


VaTE  DESIRING  HIS  HONOUR  THE  LIEUT  GOVERNOUR  TO  EMPLOY  TEN 
OF  THE  INHABITANTS  OF  NEW  GLOUCESTER  AS   SCOUTS. 


Legislative 
Records  of  the 
Council,  xxi., 
203.    Mass. 
Archives, 
cxvii.,  133. 

Mass. 
Arctiives, 
cxvii.,  133. 
House  Jour- 
nal, pp.  35,  43. 


A  Petition  of  Philemon  Warner  &  Nathaniel  Allen  for  them- 
selves &  others  Inhabitants  of  the  Plantation  called  New  Glocester, 
setting  forth  their  dangerous  Circumstances  in  respect  to  the  Indian 
Enemy,  &  praying  that  some  of  them  may  be  taken  into  the  Pay 
of  the  Province,  or  that  they  may  be  otherwise  releived : 

Eead  and 

Voted,  That  such  of  the  Inhabitants  of  a  place  Called  New 
Glocester  in  the  County  of  York  as  are  effective  for  y^  service 
(one  of  whom  to  be  a  serjeant)  be  put  into  the  pay  &  subsistence 
of  the  Governm'  viz'  Ten  only  at  the  same  time.  The  s*^  Ten  to  be 
employed  in  scouting  for  the  protection  of  said  Inhabitants,  till  the 
last  day  of  October  next,     and 

That  his  Honour  the  Lieu'  Gov^  &  Commander  in  Chief  be  desired 
to  give  Directions  Accordingly.     \_Passed  June  7.' 


CHAPTER    31. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE   APPOINTED    TO    CONSIDER 
THE  AUGMENTATION  OF  FORCES  IN  THE   CROWN  POINT  EXPEDITION. 


Legislative 
Records  of  the 
Council,  xxi., 

204.    Mass. 
Archives, 
Ixxv.,  652. 

Mass. 
Archives, 
Ixxv.,  649. 
Legislative 
Records  of  the 
Council,  xxi., 
202.    House 
Journal,  pp.  44, 
62. 


The  Comittee  of  both  Houses,  appointed  on  the  5*^  Instant, 
to  consider  of  the  expediency  or  inexpediency  of  augmenting  the 
forces  in  the  Crown  point  expedition,  having  very  carefully  weigh'd 
the  circumstances  of  that  important  affair,  are  humbly  of  opinion, 
that  it  is  not  proper,  at  present  to  determine  absolutely  concerning 
it;  Especially,  by  reason,  that  the  thirty  five  hundred  agreed  upon 
by  this  Province,  are  deficient  by  some  hundreds  &  those  of  the 
other  Governments  more  wanting;  The  Comittee  therefore  humbly 
apprehend,  that  imediate  care  should  be  taken,  to  excite  the  other 
Governm*^  to  send  forward  the  remainder  of  their  proportion  of 
the  forces,  with  the  utmost  expedition;  and  that  some  effectual  act 
be  passed  by  this  court,  forthwith  to  compleat  &  send  away  the 
forces  deficient,  in  the  proportion  of  this  Province; 

Eead  And 

Ordered,  That  this  report  be  Accepted.     [Passed  June  8. 


CHAPTER    32. 


Legislative 
Records  of  the 
Council,  xxi., 

204.     Mass. 
Archives, 
xxiii.,  140. 

Province 
Laws,  ill.,  1056, 
note.    Ante, 
p.  535,  chap.  15. 


VOTE  SUBSTITUTING  COL^  GERRISH  AND  COL^  CLAP  FOR  THOMAS 
FOSTER,  ESQK,  AND  MR  PAINE  ON  THE  COMMITTEE  TO  EXAMINE 
CHARGES  FOR  SUPPORTING  FRENCH  NEUTRALS. 

Voted  That  Col.  Gerrish  &  Col°  Clap  be  of  the  Com'*^  for  the  pur- 
poses within  mentioned  [^ante,  p.  535,  chap.  15]  in  the  Eoom  of  Tho* 
Foster  Esq''  and  M""  Paine  who  are  absent.^     {^Passed  June  8. 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  June  5. 

*  Not  found  in  the  House  Journal. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  543 


CHAPTEE    33. 

RESOLVE  ALLOWING  PAYMENT  OF  INTEREST  MONEY  TO    JN"  ERVING, 

ESQ«. 

Resolved^  That  there  be  Allowed  and  paid  out  of  the  public  Treas-  Legislative 
ury  to  Johu  Erving  Esq""  lawf ull  Interest  on  y*  Sum  Advanced  by  counclf  xli!*^ 
him  for  freight  of  Gun-Powder  &  small  Arms  (which  he  purchased  204.  Mass. 
for  the  Use  of  the  Grovernm')  from  the  Date  of  the  Warrants  drawn  ix^v.,^654. 
on  the  Treasurer  in  discharge  of  his  Acco'  thereof  to  the  Time  he  House  Jour- 
shall  receive  the  money  due.     \^Passed  June  8.  ^n</p^35i 

chap.  ei. 


CHAPTER    34. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  SELLING  PROVINCE 
LAND  NEAR  SPRINGFIELD  AND  ALLOWING  THIRTY  SHILLINGS  FOR 
CHARGES   THEREOF. 

The  Committee  appointed  by  the  General  Court  June  *  1''  1754.  Legislative 
to  dispose  of  a  Tract  of  Province  Land  bounding  North  on  the  Town  councff.xxi!]^ 
of  Springfield  &c^  have  sold  the  same  at  public  Vendue  to  the  highest  '^^^'^^^^^H^' 
Bidder,  being  One  hundred  &  eighty  one  Acres  and  an  half  at  Two  xivi.,426.' 
Shillings  per  Acre,  amounting  to  the  Sum  of  Eighteen  Pounds  three  Mass. 
Shillings,  &  have  given  Deed  thereof  to  the  Eev<*  M"^  Stephen  Wil-  xivt^t' 
liams,  &  have  paid  to  the  Province  Sixteen  Pounds  thirteen  Shil-  ^^'j"^^  •^R'^T; 
lings  being  part  of  the  said  Sum,  the  remaining  Sum  being  Thirty  AntF,^.  94, 
Shillings  the  Com'^^  prays  may  be  allowed  them  for  Charges  in  sur-  ^^^v-^'^'^- 
veying  the  Land,  making  Conveyance,  &  for  Time  &  Expences  in 
the  Vendue  &c=* 

All  which  is  humbly  submitted. 

Per  Order  Eleazer  Porter. 

Eead  and 

Ordered  That  this  report  be  Accepted  And  That  there  be  allowed 
to  said  Committee  thirty  shillings  of  the  Money  the  said  Lands  was 
sold  for,  in  Consideration  of  what  was  paid  by  them  for  surveying 
said  Lands,  &  drawing  the  Conveyances,  And  for  their  own  Time 
&  Expences  in  s**  service.     [Passed  June  8. 


CHAPTER    35. 

ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS.  • 

Ordered  that  there  be  allowed  and  paid  out  of  the  public  Treas-  Legislative 
ury  to  Joseph  Buckminster  Esq'  for  the  Use  of  George  Walkup  councff  xx^*"^ 
Five  Pounds  thirteen  Shillings  &  four  pence,  to  M''  Samuel  King  205. 
for  the  Use  of  Abner  Blodget  Forty  Shillings ;  to  M'  John  Gun  for  Mass. 
the  Use  of  Samuel  Gray '  Fifteen  Shillings,  and  for  the  Use  of  Silas  t^lf^Hi  556 
Gray "  Forty  Shillings,  to  [Moses  Marcy,  Esq;] '  for  the  Use  of  John  ^^^' |f^' ^gfg' ^^• 
Chedle  Forty  three  Shillings  and  six  pence,  to  M''  Samuel  Baker  for  House  Jour- 

nal,  p.  49. 
•  The  House  Journal,  p.  44,  reads,  "January." 
'■'  "  Graves,"  in  the  House  Journal,  p.  49. 
^  Inserted  from  the  House  Journal,  p.  49. 


5M 


Province  Laws  {Resolves^ etc.).  — 1756-57.     [Chaps.  36-38.] 


the  Use  of  Ebenezer  Snow  Fifty  eight  Shillings ;  to  M'  John  Adams 
for  the  Use  of  Ebenezer  Hayward  Eight  Shillings  and  two  pence, 
to  Seth  Morse  Forty  Shillings  and  four  pence,  To  Gamaliel  Brad- 
ford Esq''  for  the  Use  of  Gamaliel  Arnold  Thirteen  Shillings,  in  full 
Consideration  of  the  Expences  in  their  several  Petitions  respectively 
mentioned.     \^Passed  June  8. 


CHAPTEE    36. 

ORDER    REFERRING   THE   PETITION  OF  DISTRICT  OF  CHARLETON   AND 
THE  GORE  ADJACENT  TO   BE   ERECTED  INTO  A  DISTRICT. 


Legislative 
Records  of  the 
Council,  xxi., 
205.    Mass. 
Archives, 
cxvii.,  79. 

Mass. 
Archives, 
cxvii.,  77,  78. 
House  Jour- 
nal, p.  53. 
Ante,  p.  516, 
cbap.  468. 


On  THE  Petition  of  the  Inhabitants  of  Charleton  k  the  Gore 
[ante,  p.  516,  chap.  468] 

Eead  together  with  the  Answer  of  Jonathan  Tucker  and  Nathaniel 
Jones  and  the  other  papers  accompanying  the  same  and  thereupon 

Ordered  that  the  Consideration  of  this  Petition  be  referred  to 
the  next  Fall  Session  and  that  in  the  mean  Time  the  Petitioners 
serve  the  Non  resident  Proprietors  of  Carlton  and  the  Gore  with 
this  Pet°  by  inserting  the  Substance  thereof  in  the  publick  Prints 
three  Weeks  Successively  that  so  they  may  Shew  Cause  if  any  they 
have  why  the  Prayer  thereof  should  not  be  granted.    [Passed  June  8. 


CHAPTER    37. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  FOR 
THE  COUNTY  OF  ESSEX  AND  ALLOWING  39/8  FOR  THE  EXPENSE 
THEREOF. 


Legislative 
Records  of  the 
Council,  xxi., 
205.    Mass. 
Archives,  cxx., 
114. 

House  Jour- 
nal, pp.47, 48. 
Ante,  p.  457, 
chap.  325. 


The  Committee  for  letting  out  to  farm  the  Excise  on  Spirituous 
Liquors  in  the  County  of  Essex,  reported  that  they  had  let  out  the 
same  to  Edward  Harrington,  viz*  the  Excise  for  the  Current  Year 
for  £1,108  and  the  Excise  for  the  Term  between  the  26""  of  Decem- 
ber &  the  26*-^  of  March  last  for  £300,  and  have  taken  his  Bonds 
with  Sureties  &  lodged  them  in  the  Treasury,  their  Acco*  of  Time 
&  Expence  amot^  to  39/8. 

Eead  and 

Ordered  That  this  report  be  Accepted ;  And  That  there  be  allowed 
and  paid  out  of  the  Public  Treasury  the  sum  of  thirty  Nine  shilP 
&  eight  pence  to  the  said  Com*®®  in  Discharge  of  their  Acco*  ex- 
hibited.    [Passed  June  8. 


CHAPTER    38. 


Legislative 
Records  of  the 
Council,  xxi., 

206.    Mass. 
Archives, 
Ixxv.,  578. 

Mass. 
Archives, 


ORDER  ALLOWING  £4.5.8  TO  BENJAMIN  BILLING. 

A  Petition  of  Benjamin  Billing  shewing  that  he  had  two  Sons 
in  the  late  Expedition  against  Crown  Point ;  that  both  of  them  were 
taken  sick  while  in  the  Service,  and  one  of  them  died.  Praying  that 
he  may  be  allowed  his  Acco*  of  Charge  occasioned  thereby,  here- 
with exhibited. 


[1st  Sess.]     Province  Laws  (Besolves,  etc.).  — 1756-57.  545 

Read  and  House  Joiir- 

Ordered  That  there  be  Allowed  the  sum  of  four  pounds  five  ShilP  nai,  pp.  8, 49. 
&  eight  pence  to  y^  Petitioner  &  paid  out  of  the  Public  Treasury 
for  his  Use  to  Joseph  Billings  in  full  Consideration  of  his  Expences 
Mentioned.     \_Passed  June  8. 


CHAPTER    39. 

ORDER  ALLOWING  £2.  13.  4  EACH  TO  DIVERS   SOLDIERS. 

A  Petition  of  Jeduthen  Baldwin  a  Soldier  in  the  late  Crown  Legislative 
Point  Expedition,  shewing  that  after  the  Army  was  disbanded  he  councff  xxi!'^ 
agreed  to  tarry  during  the  Winter  at  one  of  the  Forts  near  Lake  206.  Mass. 
George  and  enlisted  Thirty  six  Men  for  that  Service,  that  by  a  Vote  ixxv.7642'. 


of  this  Court  of  Febr^  24  last,  the  said  Men  are  entitled  to  Fifty  Mass. 
three  Shillings  and  four  pence  each  in  Cloathing  notwithstanding  ^^^"^^^j 
which  Vote  they  are  all  charged  by  the   Commissary  General  in  House  Joiir- 
the  Muster  Eoll  of  said  Company  the  whole  of  the  Cloathing  they  ^ntf^^^ht^' 
received.  Therefore  praying  that  the  said  Sum  may  be  allowed  to  '^^^^-  ^^• 
the  said  Men  out  of  the  public  Treasury. 

Read  and 

Ordered,  That  the  Prayer  of  this  Petition  be  granted;  And  That 
There  be  allowed  and  paid  out  of  the  Public  Treasury  to  each  of 
the  Non  Commission  Officers  &  Soldiers  born  on  the  said  Muster- 
Roil  the  sum  of  Two  Pounds  thirteen  shillings  &  four  pence,  in 
full  consideration  of  their  Demand  mentioned.     \^Passed  June  8. 


CHAPTER    40. 

ORDER  CONTINUING   THE    ESTABLISHMENT    AT    BROAD    BAY,  HENDER- 
SONS FORT  AND  BURTONS  BLOCKHOUSE. 

Ordered  That  the  Establishment  made  by  the  Gen'  Court  in  April  ^®^^^)f*'^f  ^j^ 
last  for  the  defence  of  the  Inhabitants  of  Broad  Bay,  Those  near  council,  xxi., 
Henderson's  Fort  at  pleasant  point,  &  Burton's  Block  house  be  &  Archives^' 
hereby  is  lengthened  out  to  the  first  day  of  Nov'  next.  And  That  Lxxv.,  ese. 
the  said  Number  of  Soldiers  receive  pay  And  subsistence  to  that  House  Jour- 
Time  Accordingly.     [Passed  June  9.  ^n<e%.  500, 

chap.  424. 


CHAPTER    41. 

ORDER    APPOINTING    A    COMte«    FOR    BURNING    GOVERNM^    SECURITIES 
IN  THE   HANDS  OF  THE  PROVINCE  TREASURER. 

In  the  House  of  Rep"  i^^^^l^^'^P.v. 

--,-,,  ^  Kecords  of  the 

Ordered,  council,  xxi.. 

That  M'  Speaker,  Col°  Miller  &  M'  James  Foster,  with  such  as  ArchiveTciii., 
the  Hon:  Board  shall  join  be  a  Committee  to  repair  to  the  Treas-  ^83. 
urer's  in  the  recess  of  the  Court,  to  take  an  Acco'  of  the  Governm'  House  Jour- 
Securities  in  his  hands,  &  see  the  same  Consumed  to  Ashes  And  to  °*'PP"    ' 


54:6  Province  Laws  {Resolves,  etc. ) .  — 1756-57.    [Chaps.  42,  43.] 

give  Discharges  to  the  Treasurer  therefor,  &  report  thereon  at  the 
next  Sitting  of  the  Court. 

In  Council  Read  &  Concur'd  and  Jacob  Wendell  &  Andrew  Oliver 
Esq"  are  joined  in  the  Affair.     \^Passed  June  9, 


CHAPTER    42. 

VOTE   ALLOWING  THE   AGENTS    OF    THE   AFFAIRS   OF  NOVA-SCOTIA   TO 
SEND   SICK  SOLDIERS  TO  THE   HOSPITAL  ON  RAINSFORD   ISLAND. 

Legislative  Whereas  his  Honour  has  been  pleased  to  give  Orders  that  such 

Council,  xxi.,    Vcssels  as  may  arrive  from  Nova  Scotia  with  sick  soldiers  on  board 
Archives?"       shall  be  stopped  at  the  Castle  to  prevent  the  Infection  spreading  in 
ixxxvii.,'33i.     the  Province 
House  Jour-  Therefore 

Province  Votsd  that  the  Agents  for  the  Affairs  of  Nova  Scotia  be  at  liberty 

chaT'ia"  'irf/e  ^0  make  use  of  the  Hospital  at  Eainsfords  Island  if  they  see  cause 
p.  533,  chap.  12.'  for  the  reception  &  accommodation  of  such  sick  Soldiers  &  that  the 
Select  men  of  Boston  to  whom  the  care  of  s*^  Hospital  is  by  Law 
committed  be  directed  to  acquaint  said  Agents  with  this  Order  & 
to  leave  the  care  of  said  sick  Soldiers  to  said  Agents  accordingly. 
[Passed  June  9. 


CHAPTER    43. 

ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Legislative  Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury 

Couiicif,xxi.,^  to  William  Lawrence  Esq"^  for  the  Use  of  Archelaus  Adams  Eight 

^^ Pounds  sixteen  Shillings.    For  the  Use  of  Hezekiah  Patterson  Four 

Archives  Pounds  six  Shillings  and  eight  pence,  for  the  Use  of  John  Hobart 

ixxv.,  340, 393,  Forty  nine  Shillings  and  eight  pence,  for  the  Use  of  Simon  Foster 
56o;56i;562;579,'  Twcuty  four  shillings  and  one  penny;  For  the  Use  of  Thomas  Cham- 
Sn'^m'^no'^Ao"  bcrlaiu  Five  Pounds  one  Shilling,  for  the  Use  of  Jonathan  Peirce 

600,  bOl,  bUZ,  b03,  n       ,i  r-n    -it  i     j  j>  n         T-r  p     i  ^    •         m 

605,616,618,619,  Thrcc  Pouuds  thrcc  Shillings  and  ten  pence;  lor  the  Use  oi  Abigail 
mlfyi-^mT^'  Frost  Sixteen  Shillings,  &  for  the  Use  of  John  Stone  Three  Pounds 
jo™r'^  twelve  Shillings,  to  Capt  Jabez  Keep  for  the  Use  of  Samuel  Eeed 
pp. 54, 55.  Five  Pounds  seven  Shillings  &  eight  pence;  for  the  Use  of  Solomon 
Whiting  Fifty  Shillings ;  for  the  Use  of  Samuel  Parker  Three  Pounds 
two  Shillings,  for  the  Use  of  Leonard  Whiting  Eighteen  Shillings, 
To  Capt  Epliraim  Spaulding  for  the  Use  of  Asa  Martin  Three  Pounds ; 
for  the  Use  of  Nathaniel  Butterfield  Fifty  four  Shillings ;  and  for 
the  Use  of  Benjamin  Warren  Eighteen  Shillings ;  to  M'  Samuel  King, 
for  the  Use  of  Capt  Ephraim  Howlard '  Three  Pounds  twelve  Shil- 
lings and  ten  pence ;  to  M''  William  Stickney  for  the  Use  of  Abraham 
Osborne  Three  Pounds  five  Shillings  &  four  pence ;  and  for  the  Use 
of  David  Kitteridge  Twenty  eight  Shillings;  To  William  Eichard- 
son  Esq''  for  the  Use  of  Ephraim  Brown  Forty  three  Shillings  &  four 
pence,  and  for  the  Use  of  Eichard  Stuart  Three  Pounds  three  Shil- 
lings, to  Moses  Mercy  Esq'  for  the  Use  of  William  Gordon  Three 
Pounds,  &  for  the  Use  of  Samuel  Freeman  Three  Pounds  eight  Shil- 
lings, To  Capt  Phineas  Lovet  for  the  Use  of  Samuel  Pike  Three 

*  The  House  Journal,  p.  55,  reads,  "  Ephraim  Howard." 


[1st  Sess.]     Province  Laws  {^Resolves,  etc.).  — 1756-57.  547 

Pounds  twelve  Shillings,  &  for  the  Use  of  David  Farnum  Four 
Pounds  twelve  Shillings  &  four  pence;  to  Capt  Joshua  Hutchins 
for  the  Use  of  Samuel  Pierce  Four  Pounds  fourteen  Shillings,  To 
John  Noyes  Esq''  for  the  Use  of  Henry  Eice  Three  Pounds  nineteen 
Shillings,  To  Timothy  Bridgham  Esq'  for  the  Use  of  John  Lock 
Fifty  four  Shillings  and  one  penny,  and  for  the  Use  of  Ephraim 
Woods  Forty  one  Shillings,  To  M''  Ebenezer  Barker  for  the  Use  of 
Asa  Swan  jun'  Twenty  five  Shillings  and  four  pence;  To  M' Joseph 
Barnard  for  the  Use  of  Jonathan  Carver  Forty  nine  Shillings  & 
eight  pence;  To  David  Stockbridge  Esq""  for  the  Use  of  Thomas 
Josslyn  Forty  Shillings,  and  to  George  Kilcup  Twenty  five  Shil- 
lings, in  discharge  of  the  several  Articles  of  Expences  in  their 
respective  Petitions  mentioned.     [Passed  June  9. 


CHAPTER    44. 

ORDER  ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  BARNSTABLE 

COUNTY. 

An  Account  presented  by  M'  Jonathan  Bacon  Treasurer  of  the  Legislative 
County  of  Barnstable  for  the  last  Year,  having  been  by  him  laid  counc*if  x*xi^^ 
before  the  Court  of  General  Sessions  of  the  Peace  for  said  County  209. 

&  by  them  allowed.  House  Jour- 

Eead&  nai,pp.io.56. 

Ordered  that  this  Account  be  allowed,  and  that  the  Ballance 
thereof  being  Twenty  seven  Pounds  seven  Shillings  and  six  pence 
three  farthings,  the  said  Treasurer  be  further  Accountable  to  said 
County  for.     \_Passed  June  9. 


CHAPTER    45. 

ORDER    IMPOWERING    EDMUND  BAYLEY,  GUARDIAN,    TO    SELL    REAL 

ESTATE. 

A  Petition  of  Edmund  Bailey  of  Newbury,  Guardian  of  Simon  Legislative 
Bailey  a  Minor,  shewing  that  by  Means  of  incurable  Lameness  the  councif,  xxi!^^ 
said  Simon  is  never  likely  to  be  able  to  follow  any  Employment  that  210    Mass.   ' 
will  require  hard  Labour,  and  is  disposed  to  a  liberal  Education,  of  408         '    ' "' 


which  his  Mother  is  desirous,  praying  that  his  Eeal  Estate  may  be  Mass. 

sold  to  defray  the  Charge  thereof.  w^'^Housf'''' 

Eead  and  Journal,  pp.  55, 

Ordered  that  the  Prayer  of  the  Petition  be  granted  and  that  the 
Pet""  in  his  said  Capacity  be  and  hereby  is  authorized  and  impow- 
ered  to  make  Sale  of  the  Premisses  within  mentioned  to  such  Per- 
son as  shall  give  most  for  the  same  and  to  make  and  Execute  a  good 
Deed  or  Deeds  in  Law  Provided  the  Petitioner  give  sufficient  Cau- 
tion to  the  Judge  of  Probate  for  the  County  of  Essex  duly  to  apply 
the  Produce  for  the  use  of  the  Minor  as  within  mentioned.  \_Passed 
June  9. 


548 


Province  Laws  {Resolves^  etc.).  — 1756-57.     [Chaps.  46-48.] 


liegislative 
Records  of  the 
Council,  xxi., 
210.    Mass. 
Archives,  cv., 
541. 

Mass. 

Archives,  cv., 
540.    House 
Journal,  pp.34, 
35,  50. 


CHAPTER    46. 

ORDER    IMPOWERING   WILLIAM    MARSHAL,  GUARDIAN,  TO    EXECUTE    A 

DEED. 

A  Petition  of  William  Marshal  of  Concord,  shewing  that  the 
Petitioners  Father  in  Law  Benjamin  Dean  (now  Dec'^)  was  in  his 
Life  time  deprived  of  his  Eeason,  and  the  Petitioner  who  married 
his  only  Daughter  &  Heir  was  legally  appointed  his  Gnardian,  during 
which  time  the  Pef  sold  a  Parcel  of  Land  belonging  to  the  said  Ben- 
jamin Dean  to  one  Benjamin  Kidder  without  first  obtaining  Licence 
from  the  Superiour  Court,  his  Wife  joining  with  him  in  the  Deed, 
praying  this  Court  to  confirm  the  said  Sale: 

Eead  and 

Ordered,  That  y^  Prayer  of  this  Petition  be  so  far  granted  as  that 
the  Pef  in  his  Capacity  of  Guardian  to  the  said  Benjamin  Dean  be 
&  hereby  is  impowered  And  Authorized  to  make  and  Execute  a  good 
Warrantee  Deed  of  the  Premisses  in  said  Pet"  mentioned,  to  the 
said  Benj*  Kidder  his  Heirs  &  Assigns,  which  Deed  when  given  shall 
be  Deemed  good  And  valid  to  make  a  good  Title  to  y^  said  Kidder. 
\^Passed  June  9. 


CHAPTER    47. 


ORDER  allowing  THE  ACCOUNT  OF  GUARDIANS  OF  PUNCAPAUG 

INDIANS. 


Legislative 
Kecords  of  the 
Council,  xxi., 
210. 

House  Jour- 
nal, pp.  45, 54. 

Ante,  p.  238, 
chap.  171; 
p.  287,  chap. 
302. 


An  Accompt  presented  by  Eobert  Spur  Esq'  M'  Samuel  Niles  jun' 
&  M""  Joseph  Billing  Guardians  of  the  Puncapaug  Indians  of  the  said 
Guardians  Time  &  Expence  in  managing  the  Affairs  of  the  said 
Indians. 

Eead  & 

Ordered  that  this  Acco*  be  allowed  &  that  there  be  paid  out  of 
the  Money  belonging  to  said  Indians  now  in  said  Guardians  Hands, 
which  they  received  of  the  late  Guardians,  to  Eobert  Spurr  Esq'' 
Thirteen  Shillings  &  four  pence,  to  M'  Samuel  Niles  jun""  Five  Shil- 
lings &  to  M''  Joseph  Billing  Four  Pounds  sixteen  Shillings  &  eight 
pence,  in  full  Discharge  of  what  is  respectively  due  to  them ;  And 
that  the  said  Guardians  lay  before  this  Court  an  Acco*'  of  what  Money 
is  due  to  the  said  Indians,  &  from  whom.     \^Passed  June  9. 


CHAPTER    48. 


Legislative 
Kecords  of  the 
Council,  xxi., 
210.    Mass. 
Archives, 
xxxii.,  695. 

Mass. 
Archives, 
xxxii.,  694. 
House  Jour- 
nal, p.  197 


ORDER  IMPOWERING  SAMUEL  MORSE,  GUARDIAN,  TO   SELL  LAND. 

A  Memorial  of  Samuel  Morse  Guardian  of  Sarah  Wabon  of 
Natick  a  poor  decripit  Indian  Minor,  setting  forth  the  Necessity 
of  disposing  of  some  of  her  Lands  for  her  Support,  &  Praying 
that  he  may  be  impowered  to  sell  so  much  of  her  Lands,  given 
her  by  her  Grand  Mother  &  Mother,  as  will  be  sufficient  to  pay  the 
Debts  owing  &  for  her  future  Mainten'^® 

Eead  and 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  549 

Ordered  that  the  prayer  of  the  Petition  be  So  far  Granted  as  that  (J*„^"^ry, 
the  petitioner  (in  his  Said  Capacity  as  Guardian'  be  and  is  hereby  ^mte.'p. iio,' 
Impowered  (under  the  Direction  &  with  the  assistance  of  the  Guar-  ^hap.  206. 
dians  of  the  Natick  Indians)  to  make  Sale  of  So  much  of  the  Said 
Minors  Interist  in  Land  where  it  can  be  Spared  with  Least  preju- 
dice to  the  whole :  of  her  Estate  as  in  value  may  amount  to  Twenty 
Seven  pounds  and  to  Execute  a  good  and  Sufficient  Deed  or  Deeds 
for  the  Conveyance  thereof  Provided  the  Petitioner  give  Due  Caution 
to  the  Judge  of  Probate  for  the  County  of  Middlesex  that  the  pro- 
ceeds of  Such  Sale  be  well  and  truly  applyed  for  the  Discharge  of 
what  has  become  Due  for  Said  Minors  Support  hitherto  &  for  her 
future  maintainance  and  that  he  will  be  accountable  to  Said  Judge 
for  his  proceedings  in  the  Premisses  when  thereunto  Lawfully  Ke- 
quired.     \_Passed  June  9. 


CHAPTER    49. 

ORDER   IMPOWERING   ISAAC   EVELITH^  ADM",  TO   EXECUTE   DEED. 

A  PETiTiour  of  Isaac  Evelith  Administrator  of  the  Estate  of  Isaac  Legislative 
Evelith  late  of  Glocester  dec'^  shewing  that  the  dec^  in  his  life  Time  c^unc'if.xxL,* 
sold  some  Lands  in  said  Town  to  William  Parsons,  but  made  no  Deed  211.   Mass. 

A.rCQlVG8    XIX. 

thereof  to  him,  that  the  said  William  sold  the  same  Land  &  then  409. 
died ;  &  for  as  much  as  the  Purchase  Money  was  justly  paid,  pray-  House  Jour, 
ing  that  the  Pet"  may  be  enabled  to  give  a  Deed  of  Conveyance  of  ^^i,  pp. 35, 45. 
said  Land  to  the  Heirs  of  said  William  Parsons  dec** 

Read  and 

Ordered,  That  the  Prayer  of  this  Petition  be  granted ;  &  that  y® 
Pet'  be  &  hereby  is  impowered  &  Authorized  to  give  a  good  and 
sufficient  Deed  or  Deeds  of  y"  Lands  Mentioned  unto  the  Heirs  or 
Assigns  of  y*^  said  William  Parsons  deceased,  &  y*  the  same  be  & 
hereby  are  declared  to  be  good  &  valid  in  the  Law  to  all  intents 
[&]  ^  purposes  whatsoever.     [Passed  June  9. 


CHAPTEE    50. 

ORDER  ALLOWING   £2.  5.  6  TO  LIEU'f  ITHAMAR  HUBBALL. 

A  Petition  of  Lieutenant  Ithamar  Hubbal  shewing  that  in  mak-  Record"of  the 
ing  up  the  Muster  Roll  of  the  Company  of  Major  John  Ashley  dec*^  councii.xxi., 
he  omitted  charging  the  Province  with  a  Gun,  and  also  thro  Mistake  Archives,^' 
carried  out  some  Wages  Short,  Praying  that  Allowance  may  be  made  i^xv.,  572. 
for  such  Deficiency:  ^&ss. 

-r-,       T  T  -^  Archives, 

Read  and  ixxv.,  571. 

Ordered,  That  there  be  allowed  &  paid  out  of  the  Public  Treas-  naTpp.'47r5i. 
ury  to  the  Pef  the  sum  of  two  pounds  five  shilP  &  six  pence  for 
the  use  of  the  several  persons  who  were  made  up  short  in  their 
Muster  Roll  &  forty  Shillings  for  a  Gun  lost  as  Mentioned  in  y* 
Petition,     [Passed  June  9. 

^  The  parenthesis  should,  it  seems,  end  here. 

^  Inserted  from  Lesislative  Records  of  the  Council,  xxi.,  211. 


550 


Province  Laws  {Resolves,  etc.) .  — 1756-5 7 .     [Chaps.  5 1-53 . ] 


CHAPTER    51. 


Legislative 
Records  of  the 
Council,  xxl., 
212.    Mass. 
Archives, 
cxvii.,  175. 

Mass. 
Archives, 
cxvii.,  174. 
House  Jour- 
nal, p.  48. 


ORDER  RATIFYING  AND  CONFIRMING  AN  AGREEMENT  BETWEEN  HARD- 
WICK  &  GREENWICH  PROPRIETk^. 

A  Petition  of  the  Agents  for  the  Proprietors  of  the  Towns  of 
Hardwick  &  Greenwich  shewing  that  after  a  long  Controvery  about 
the  Property  of  Lands  within  the  Boundaries  of  the  two  Towns  and 
claimed  by  both  they  are  come  to  an  amicable  Agreement  about  the 
said  Lands,  signed  &  sealed  by  their  Agents,  Praying  that  this  Court 
would  confirm  said  Agreem'' 

Eead,  and 

Ordered,  That  the  Prayer  of  this  Petition  be  granted;  And  y*  The 
Said  Agreem*  be  and  hereby  is  ratified  &  Confirmed,  and  the  same 
declared  to  be  good  &  valid  in  Law  to  all  intents  &  purposes  what- 
soever.    [Passed  June  9. 


Legislative 
Records  of  the 
Council,  xxi., 
212.    Mass. 
Archives, 
•cxxl.,  320. 

Mass. 
Arcliives, 
cxxl.,  319. 
House  Jour- 
nal, p.  57. 


CHAPTER    52. 

ORDER  OF  NOTICE   WITH  STAY  OF  EXECUTION  ON   THE    PETITION    OF 
SELECTMEN  OF  LINCOLN. 

A  Petition  of  the  Select  Men  of  the  Town  of  Lincoln  in  the 
County  of  Middlesex  shewing  that  in  an  Affair  depending  in  the 
Court  of  General  Sessions  of  the  Peace  between  the  said  Town 
&  Nathaniel  Whitamore  of  said  Place  relating  to  the  Allowance 
to  be  made  to  the  said  Whitamore  for  two  Ways  laid  out  by  said 
Town  thro  his  Land,  the  Matter  was  left  to  a  Eule  of  Court,  and 
the  Eeferrees  gave  in  their  Eeport,  which  was  accepted  by  the  Court, 
and  forasmuch  as  the  Petitioners  apprehend  it  was  founded  upon 
some  evident  Mistakes,  praying  that  the  Judgment  of  the  Court 
may  be  set  aside,  and  the  same  Eefferees  impowered  to  hear  the 
Parties  anew,  &  the  Court  enabled  to  receive  their  Eeport.  and  to 
make  up  Judgment  thereon  and  Execution  be  staid  in  the  mean 
time. 

Eead  and 

Ordered,  That  the  Petitioner  serve  the  Adverse  Party  Nath'  Whit- 
temore  with  a  Copy  of  this  Petition  that  he  shew  Cause  (if  any  he 
have)  on  the  second  Tuesday  of  the  next  sitting  of  this  Court  why 
the  Prayer  thereof  Should  not  be  granted.  And  That  Execution  be 
staled  in  the  mean  time.     [Passed  June  9. 


Legislative 
Records  of  the 
Council,  xxi., 
213.    Mass. 
Archives, 
cxvii.,  179. 

Mass. 
Archives, 
cxvii.,  178. 


CHAPTER    53. 

ORDER  OF  NOTICE   ON  WRENTHAM  PET"  FOR   RE-HEARING    A    CAUSE. 

A  Petition  of  Jonathan  Whitney  Agent  for  the  Town  of  Wren- 
tham  shewing  that  at  a  Court  of  General  Sessions  of  the  Peace  for 
the  County  of  Suffolk  in  April  1754,  upon  Application  of  the  Select 
men  of  the  Town  of  Dedham  an  Order  was  passed  that  one  Samuel 
Davis  should  be  supported  at  the  Charge  of  the  Town  of  Wrentham; 
and  for  as  much  as  the  Pef^  can  now  produce  good  Evidence  in  their 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  .  551 

Favour  which  could  not  be  obtained  at  the  Trial,  Praying  that  they  Hoiise  Jour- 
may  be  admitted  to  a  new  Hearing  at  said  Court,  &  that  the  said  ^* »  p- 
Court  may  be  allowed  to  enter  up  Judgment  thereon. 

Eead  and 

Ordered,  That  The  Petitioner  serve  the  Town  of  Dedham  with 
This  Pet°  by  leaving  an  Attested  Copy  thereof  with  the  Clerk  of 
said  Town  That  they  shew  cause  (if  any  they  have)  on  the  second 
Tuesday  of  the  next  Sitting  of  this  Court  why  the  Prayer  thereof 
should  not  be  granted.'     \_Passed  June  9. 


CHAPTER    54. 

ORDER  ACCEPTING   REPORT    OF    COMMITTEE    IN    REGARD    TO    FRENCH 
NEUTRALS  FROM   NOVA  SCOTIA. 

In  the  House  of  Eep* 
Ordered  That  a  Letter  Communicated  By  his  Hon'  the  Lieu*  Gov'  ^^  jgiative 
to  this  House,  from  M'  Hanfield  to  his  Ex''  Gov'  Shirley  Dated  Annap-  Records  of  the 
olis  Eoyal  May  1756  *  be  Committed  to  the  Committee  appointed  to  f^^^Mass^'"' 
Examine  y®  Acco*^  offered  to  this  Court  of  Charges  for  Supporting  -^^?^*\®(fQ' 

y^  Inhabitants  of  Nova  Scotia  lately  brought  into  this  Province  &c,  — — ^-— ^ 

To  Consider  the  same  and  report  thereon.  nai,  p.  28. 

In  Councill  ^.fi^M,, 

Eead  and  Concurred  chap.  32. 

The  Committee  having  attended  the  within  service  report  as  their 
opinion  that  the  persons  referred  to  in  mr  Handfields  letter  to  His 
Excellency  Governour  Shirley  be  sent  to  the  towns  of  Lynn  &  Beverly 
Which  is  Humbly  submitted  ^  Sam^  Watts  ^  ord'^ 

In  Council 
Eead  and  Accepted.     [Passed  Jtc?ie  10. 


CHAPTER    55. 

ORDER    ALLOWING    SUNDRY  AMOUNTS    TO  DIVERS  PERSONS    FOR  BIL- 
LETING. 

A  Petition  of  Benjamin  Pickman  of  Salem  Esq'  shewing  that 
Col°  Ichabod  Plaisted  ordered  a  Number  of  his  Eegiment  raised  for  Legislative 
the  Crown  Point  Expedition  who  lived  at  a  Distance,  to  repair  to  councff,  xxi!l^ 
Salem  in  order  to  pass  the  Muster  Masters  Eeview  where  they  were  212.  Mass. 

±  J  A.rCillVGS 

billeted  Praying  for  Payment  of  the  Charge  of  their  Subsistence,     ixxv.,645'. 

Eead  and  House  Jour- 

Ordered  That  the  Prayer  of  this  Petition  be  granted.  And  That  ^g^Lpp-sv-ss, 
there  be  Allowed  and  paid  out  of  the  Public  Treasury,  to  Benjamin 
Pickman  Esq'  for  the  use  of  Margaret  Pratt  Four  pounds  Eight  shilP 
&  eight  pence,  for  the  Use  of  Mary  Bell  four  Pounds  sixteen  shilP 
&  eight  pence,  for  the  use  of  Mary  Henderson  three  Shillings  &  one 
peny.  And  for  the  use  of  John  Lander  thirty  seven  Shillings  and 
four  pence,  in  full  discharge  of  the  several  Acco"  exhibited,  amount- 
ing in  the  whole  to  y"  Sum  of  Eleven  Pounds  five  ShilP  and  Nine 
pence.     [Passed  June  10.^ 

1  On  August  25,  1756,  this  petition  was  dismissed.  —  Mass.  Archives,  cxvii.,  179. 
*  The  letter  referred  to  has  not  been  found. 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  June  9. 


552 


Province  Laws  {^Resolves,  etc.).  — 1756-57.     [Chaps.  56,  57.] 


CHAPTER    56. 


Legislative 
Records  of  the 
Council,  xxi., 
103,  213.    Mass. 
Archives,  xiii., 
696. 

Mass. 

Archives,  xiii., 
690,696.  House 
Journal,  p.  363 
(February, 
1756) ;  pp.  30, 66. 
Province 
Laws,  xli.,439, 
chap.  189. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  THE  PETITION  OF  JOHN 
SHUTE  AND  OTHERS. 

A  Petition  of  John  Shute,  Obadiah  Jenkins,  James  Green, 
Isaac  Wheeler,  «&  Benjamin  Bucknam  all  of  Maiden,  shewing  that 
in  the  setting  off  &  constituting  of  the  second  Parish  in  said  Town, 
It  was  ordered  that  the  Pet"  (who  were  included  within  the  general 
Bounds  of  the  said  second  Parish)  with  their  Pamilies  &  Estates 
should  continue  in  the  first  Parish,  as  long  as  they  attended  the 
Worship  of  God  there,  that  the  Father  of  the  Petitioner  Bucknam 
being  dead,  the  second  Parish  have  taxed  him,  notwithstanding  his 
performing  the  Conditions  above  mention'd  Praying  that  the  Peti- 
tioners &  their  Families,  their  Heirs  &  Estates  may  be  continued 
in  the  said  first  Parish. 

The  Committee  to  whom  was  refer'd  the  Petition  of  John  Shute 
of  Maiden  &  others,  have  attended  that  Service,  fully  heard  the 
Parties  &c*  &  report  as  their  Opinion  that  the  Petition  be  so  far 
granted,  that  Benjamin  Bucknam  therein  mentioned  have  the  Lib- 
erty to  continue  to  the  North  Parish  in  said  Town,  and  that  his  Polls 
&  that  part  of  Estate  now  in  his  Possesion,  which  descended  to  him 
from  his  Father  Samuel  Bucknam  Dec*^  be  taxed  to  the  said  North 
Parish,  and  that  he  receive  Priviledges  there. 
All  which  is  humbly  submitted : 

Benj""  Lincoln  per  Order. 

Eead  and  Accepted.     [Passed  June  10. 


CHAPTER    57. 


Legislative 
Records  of  the 
Council,  xxi., 
213.    Mass. 
Archives, 
xxxii.,  730. 

House  Jour- 
nal, pp.  48,  62, 
63.    Ante, 
p.  475,  chap. 
367. 


RESOLVE  ESTABLISHING  BOUNTY  FOR  INDIAN  SCALPS  AND  CAPTIVES 
AND  VOTE  GIVING  THE  SAME  ALLOWANCE  TO  PERSONS  NOT  UNDER 
PAY. 

Resolved, 

That  There  shall  be  allowed  and  paid  out  of  the  Public  Treas- 
ury to  any  Number  of  the  Inhabitants  of  this  Province,  not  in  the 
pay  of  the  Government,  Who  shall  be  disposed  to  go  in  quest  of  the 
Indian  Enemy,  »&  shall  before  they  go  signify  in  Writing,  to  the  Chief 
Military  Officer  of  y'  part  of  the  Province  from  which  they  shall  go, 
their  Intentions,  with  their  Names,  the  following  Bounty,  Viz' ' 

For  Every  Indian  Enemy  that  they  shall  kill,  and  produce  the 
scalp  to  the  Gov'  &  Council  in  Evidence,  the  Sum  of  Three  hun- 
dred Pounds.* 

For  Every  Indian  Enemy  they  shall  Captivate  &  deliver  to 
the  Governor  &  Council,  the  sum  of  Three  hundred  and  Twenty 
Pounds.'  Also 

Voted,  That  the  same  Allowance  be  made  to  private  Persons  who 
shall  kill  or  Captivate  any  of  the  Indian  Enemy,  which  is  made  to 
Soldiers  on  the  Frontiers  of  the  Province. 

The  foregoing  Establishment  to  be  for  the  space  of  twelve  Months 
from  this  Time,  provided  The  war  shall  Continue  so  long.  \^Passed 
June  10. 


^  The  words  "Viz',"   "Three  hundred  Pounds,"  and  •' Three  hundred  and  Twenty 
Pounds,"  are  underlined  in  Mass.  Archives. 


[1st  Sess.]     Province  Laws  {Resolves,  etc).  — 1756-57.  553 


CHAPTEK    58. 

ORDER  ALLOWING   £4   TO   MIRIAM   ASHLEY. 

A  Petition  of  Miriam  Ashley  Widow  of  Major  Noah  Ashley  deC^  Rifords  of  the 
shewing  that  when  her  said  Husband  was  killed  at  the  Battle  on  Lake  Council,  xxi., 
George,  divers  Things  about  him,  (contained  in  the  Acco'  herewith  Archives, " 

exhibited)  fell  into  the  Hands  of  the  Enemy,  praying  to  be  allowed  '^^'^-  ^^^- 

for  the  same.  ^^^^^X^n. 

Read  and 

Ordered,  That  there  be  allowed  &  paid  out  of  the  Public  Treas- 
ury to  the  Petitioner  the  sum  of  four  pounds  in  full  Consideration 
of  the  Articles  lost  Referred  to  in  the  Petition.     \^Passed  June  10. 


CHAPTER    59. 

ORDER  IMPOWERING  JOHN  SP AFFORD  TO  ENLIST  TEN  MEN  FOR  THE 
PROTECTION  OF  INHABITANTS  OF  NUMBER  FOUR  ON  CONNECTICUT 
RIVER. 

A  Petition  of  John  Spafford  in  behalf  of  the  Inhabitants  of  ^^f^^^^^t^e 
Number  Four  on  Connecticut  River,  setting  forth  the  Distress  of  Council, xxi., 
the  said  Inhabitants  in  respect  to  the  Indian  Enemy,  &  that  they  Archives?' 
have  applied  to  the  Government  of  New  Hampshire,  wherein  they  ixxv.,  586. 
prayed  for  Releif,  but  without  Effect,  Praying  for  some  Protection  ^l^^^[^^^ 
from  this  Governm'  ixxv.,  585. 

Read  and  nai.pp.  50,51, 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted  as  59. 
That  the  Petitioner  have  leave  to  inlist  Ten  men  out  of  the  Prov- 
ince of  New  Hampshire  to  be  in  the  pay  and  Subsistence  of  this 
Province  for  the  Protection  of  Said  Inhabitants,  untill  they  may 
be  Supplied  by  Major  Gen'  Shirley,  or  untill  the  further  order  of 
this  Court.     \_Passed  June  10. 


CHAPTER    60. 

ORDER  ALLOWING  THE   ACCOUNT   OF   THE   TREASURER   OF   MIDDLESEX 

COUNTY. 

An  Accompt  presented  by  Daniel  Russell  Esq'  Treasurer  of  the  Legislative 
County  of  Middlesex  for  the  last  Year,  Having  been  by  him  laid  counc*if,  xii!!® 
before  the  Court  of  General  Sessions  of  the  Peace  for  said  County  '^^-^- 

&  by  them  allowed  House  Jour- 

-tT       1    o  nal,pp.  10, 68. 

Read  & 

Ordered  that  this  Acco'  be  allowed,  and  that  the  Ballance  thereof 
being  One  hundred  &  fourteen  Pounds  eight  Shillings  &  two  pence 
one  farthing  the  said  Treasurer  be  further  accountable  to  said  County 
for.     \^Passed  June  10. 


554 


Province  Laws  {Resolves.,  etc.).  — 1756-57.     [Chaps.  61-63.] 


CHAPTER    61. 


ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 


Legislative 
Records  of  the 
Council,  xxi., 
214. 

Mass. 
Archives, 
Ixxv.,  295,  549, 
569,  570,  632. 
House  Jour- 
nal, p.  66. 


Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury 
to  William  Eichardson  Esq"^  for  the  IJse  of  Joseph  Whetcomb  Three 
Pounds  two  Shillings,  and  for  the  Use  of  Ethan  Philips  Fifty  four 
Shillings,  to  M''  William  Stickney  for  the  Use  of  Samuel  Danforth 
Three  Pounds  six  Shillings,  to  M'  Ebenezer  Barker  for  the  Use  of 
John  Austin '  Fifty  two  Shillings  &  two  pence,  and  to  Joseph  Eng- 
lish Forty  Shillings  in  full  Consideration  of  their  Expences  men- 
tioned in  their  sev'  Pet''^     \^Passed  June  10. 


Legislative 
Records  of  the 
Council,  xxi., 
214.    Mass. 
Archives,  Ixv., 
251. 

House  Jour- 
nal, p.  67. 
Province 
Laws,  iii.,  901, 
chap.  30;  955, 
note.    Ante, 
p.  270,  chap.   ■ 
261. 


CHAPTER    62. 

ORDER  IMPOWERING   JOHN    AVERY    TO    EXPORT    PROVISIONS    TO    THE 
BAY  OF  HONDURAS. 

A  Petition  of  John  Avery  of  Boston  Merch'  Shewing  that  he 
is  fitting  out  the  Schooner  Abigail  Samuel  Blunt  M'  on  a  Voyage 
for  the  Bay  of  Honduras,  and  praying  that  he  may  be  permitted 
to  load  on  board  said  Vessel  Seventyfive  Barrels  of  Provisions  for 
the  Use  of  his  Majesty's  Subjects  there. 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted,  as 
that  the  Pef  be  allowed  to  ship  the  seventy  five  bar'*  of  Provisions 
mentioned  on  board  the  Schooner  Abigail  Sam'  Blunt  Master,  And 
That  the  Commiss''  of  Impost  be  and  hereby  is  impowered  and  directed 
to  take  Bonds  of  y*  Pef  in  the  sum  of  One  thousand  pounds  Sterl^ 
that  the  Said  Provisions  be  landed  at  the  Bay  of  Honduras,  And 
That  the  Chief  Officer  of  said  Vessel,  at  his  return,  make  oath  that 
the  same  was  bond  fide  landed  at  the  s^  Bay  of  Honduras,  &  on  his 
taking  the  said  Oath,  the  said  Bonds  to  be  Cancelled.  \^Passed 
June  10. 


CHAPTER    63. 

ORDER  IMPOWERING   JOHN    RUSSELL    AND  JAMES    NOYES    TO    EXPORT 
PROVISIONS  TO  THE   WEST  INDIES. 


Legislative 
Records  of  the 
Council,  xxi., 
215.    Mass. 
Archives,  Lx  v., 
250. 

Mass. 

Archives,  Ixv., 
249.    House 
.Journal,  p.  61. 
Province 
Laws,  iii.,  901, 
chap.  30;  955, 
note.    Ante, 
p.  270,  chap. 
261. 


A  Petition  of  James  Eussell  &  John  Noyes  Merch**  shewing 
that  they  are  fitting  out  the  Schooner  Boscawen  Caleb  Symmes 
Master  to  the  English  West  Indies,  praying  that  they  may  be  per- 
mitted to  load  on  board  said  Vessel  about  fifty  Barrels  of  Pork 
which  is  suitable  only  for  that  Market. 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted,  as 
That  the  Petitioners  be  allowed  to  ship  the  fifty  barrels  of  Provi- 
sions mentioned  on  board  the  Schooner  Boscawen  Caleb  Symmes 
Master,  &  That  the  Commissioner  of  Impost  be  and  hereby  is  im- 
powered And  directed  to  take  Bonds  of  the  Pet"  in  the  sum  of  One 
Thousand  pounds  sterling  for  landing  the  same  at  One  or  more  of 

*  Mass.  Archives  reads,  "  John  Asten." 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  555 

the  English  West  India  Islands,  and  That  upon  the  Chief  Officer's 
of  said  Vessell  at  his  return  product  a  Certificate  from  some  officer 
of  his  Majesty's  Customs  in  s"  Islands  respectively  That  the  S*^  Pro- 
visions have  been  landed  there,  the  Said  Bonds  be  Cancelled.  {^Passed 
June  10. 


CHAPTEE    64. 

ORDER  ALLOWING   £6.  7.  1  TO  EZEKIEL  MORGAN. 

A  Petition  of  Ezekiel  Morgan  a  Soldier  in  the  late  Expedition  Legislative 
shewing  that  his  Wages  were  carried  out  short  of  what  is  due  to  councif,  xxi!*,^ 
him  in  the  Muster  Eoll  of  Capt  Jonathan  Ingersol  thro  Mistake,  ^s.  Mass. 
&  praying  that  the  deficiency  may  be  made  up,  &  his  Sickness  ixxv.,573. 
Charges  allowed  him.  Mass. 

Read  and  h^xv!7l7i 

Ordered,  That  there  be  allowed  and  paid  out  of  the  Public  Treas-  House  Jour- 
ury  to  the  Pet"^  the  sum  of  Six  pounds  seven  Shillings  &  four  pence  *^^  'PP-    -^  ■ 
in  full  Consideration  of  the  Expences  &  deficient  Wages  mentioned. 
[Passed  June  10. 

CHAPTER    65. 

ORDER  IMPOWERING  JOSEPH  &  ZIPPORAH  POIGNET,  INDIANS,  TO  SELL 

LAND. 

A  Petition  of  Joseph  &  Zipporah  Poignet  of  Natick  Indians,  Legislative 
shewing  that  by  Eeason  of  the  Wounds  rec*^  by  the  said  Joseph  coumjif,  xx*i^f 
while  in  his  Majesty's  Service  &  the  Expence  occasioned  thereby  215.  Mass. 
he  is  involved  in  Debt,  and  unable  to  support  his  Family,  and  there-  xxxii.,  709. 
fore  praying  that  the  Petitioners  may  be  enabled  to  sell  a  Lot  of  Mass. 
Seven  Acres  of  remote  Land,  for  their  Support.  xxxii^to's 

Read  and  Ho'use'joiir- 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted,  as  ^Ante,'Y>.m^' 
That  the  Pet"  be  and  hereby  are  impowered  with  the  Advice  and  chap.  256. 
Assistance  of  the  Guardians  of  the  Natick  Indians  to  make  Sale 
of  the  seven  Acres  of  Land  Mentioned  in  said  Pet°  the  produce 
thereof  to  be  applied  to  the  discharge  of  their  said  Debts  &  for  the 
Support  of  themselves  &  family  for  time  to  Come.    [Passed  June  10. 


CHAPTER    QQ^. 

ORDER  IMPOWERING  REBECCA  MORSE,  ADM^  AND  GUARDIAN,  TO  SELL 
REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 

A  Petition  of  Rebecca  Morse  of  Natick  in  the  County  of  Mid-  R|for^s"of^tiie 
dlesex  Administratrix  of  the  Estate  of  her  former  Husband  Heze-  council,  xxi., 
kiah  Broad  dec"^  &  Guardian  to  his  Minor  Children,  shewing  that  ArcMv^esTxix., 

the  said  Hezekiah  in  his  Life  time  sold  two  Parcels  of  Land  in  ^}}^ 

Natick  with  a  Mill  &  other  Buildings  thereon  for  the  Payment  of  Mass. 
his  Debts  &  Education  of  his  Son,  but  the  Purchaser  not  being  410.  House ' '' 
able  to  pay  the  Consideration  Money  the  said  Estate  which  was  er^^ProVince^' 
mortgaged  to  the  Intestate  for  Security  is  now  returned  into  the  Laws,  ii.,  151, 


556 


Province  Laws  {Resolves^  etc.).  — 1756-57.     [Chaps.  67,  68.] 


Family  in  much  worse  Circumstances  than  when  sold;  And  there- 
fore praying  that  the  Petitioner  may  be  impowered  to  sell  the  said 
Estate  for  Paym'  of  the  Intestates  Debts. 

Eead  and 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted,  As 
That  the  Pef  in  her  said  Capacity  of  Admin^  be  and  hereby  is  fully 
Authorized  and  impowered  to  make  sale  of  the  Lands  Mill  and 
Buildings  thereon  mentioned  in  y®  Pet°  to  any  person  or  persons 
who  will  give  most  for  the  same.  She  giving  public  notice  of  the 
time  &  place  of  said  Sale,  &  in  every  respect  Observing  the  Law 
respecting  y*'  sale  of  Eeal  Estates  of  Intestates,  &  to  make  &  exe- 
cute a  good  Deed  or  Deeds  of  Conveyance  in  Law  of  y®  premisses; 
She  first  giving  Caution  to  the  Judge  of  Probate  for  the  County  of 
Middlesex  That  y^  proceeds  of  said  Sale  shall  be  applied  for  the 
payment  of  the  Debts  of  y®  dec*^  And  That  the  Overplus  (if  any 
there  be)  be  secured  for  the  Benefit  of  his  Heirs.     \^Passed  June  10. 


CHAPTEE    67. 


ORDER  CONFIRMING  A  GRANT   OF  LAND   TO   STEPHEN  NASH. 


Legislative 
Records  of  the 
Council,  xxi., 

216.    Mass. 

Archives, 

xxxii.,719. 

Mass. 
Archives, 
xxxil.,718. 
House  Jour- 
nal, pp.  58,  66. 


A  Petition  of  the  Indian  Proprietors  of  the  undivided  Lands 
at  Stockbridge  in  the  County  of  Hampshire,  shewing  that  for  the 
Encouragement  of  Stephen  Nash  to  reside  among  them  &  carry  on 
the  Trade  of  a  Black  smith  (so  necessary  especially  in  this  Time 
of  War)  they  have  made  him  a  Grant  of  Land  in  Conjunction  with 
the  English  Proprietors,  Praying  that  the  same  may  be  confirmed 
by  this  Court. 

Eead  and 

Ordered,  That  The  Prayer  of  this  Petition  be  granted ;  And  That 
the  Grant  of  the  Proprietors  of  the  undivided  Lands  in  Stockbridge 
of  Fifty  Acres  of  Said  Lands  to  Stephen  Nash  Mentioned  in  the 
Petition  be  &  hereby  is  ratified  &  Confirmed  to  all  Intents  &  pur- 
poses, provided  the  said  Stephen  Continue  to  dwell  in  said  Town 
for  the  space  of  four  Years  from  this  Time.     [^Passed  Jime  10. 


CHAPTER    68. 


ORDER    RESTRAINING     THE    FRENCH    NEUTRALS    FROM    TRAVELLING 

ABOUT. 


Legislative 
Records  of  the 
Council,  xxi., 
216.    Mass. 
Archives, 
xxiil.,  145. 

Legislative 
Records  of  the 
Council,  xxi., 
208  6?s.   House 
Journal,  pp.  68, 
69.     Province 
Laws,  iii.,  960, 
note.    Ante, 
p.  529,  chap.  2. 


It  being  found  by  Experience  That  the  frequent  Travelling  and 
passing  from  Town  to  Town  of  Many  of  the  French  People  (lately 
dispersed  thro'  this  Province  by  Order  of  the  General  Court)  hath 
been  attended  with  considerable  inconveniences,  and  may  be  intro- 
ductive  of  much  greater,  it  is  Therefore 

Ordered  &  directed.  That  the  Select  Men  and  Overseers  of  the 
poor  be  very  Carefull  to  keep  the  French  People  from  Idling  & 
Wandering  about;  and  none  of  that  People  shall  be  permitted  to 
travel  from  Town  to  Town  without  leave  first  obtained  from  Two 
of  the  Select  Men  or  Overseers  of  y®  Poor  where  they  respectively 
belong  of  which  such  people  shall  produce  Certificate  or  Otherwise 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  557 

they  shall  be  sloped  &  turned  back  by  any  two  English  householders 
who  are  hereby  impowered  to  examin  &  Stop  or  return  them,  if  they 
have  not  excuse  in  Writing  as  above.     [^Passed  June  10. 


CHAPTEK    69. 

ORDER  ALLOWING  £4.  10  TO  JOSEPH  BARKER. 

A  FETiTioisr  of  Joseph  Barker  a  Soldier  in  the  late  Expedition  Legislative 
against  Crown  Point,  setting  forth  his  great  Sufferings  &  Losses  in  couacif  xxi!*^ 
the  Battle  upon  Lake  George,  where  he  was  grievously  wounded,  &  217.  Mass. 
lost  his  Baggage  &c*  praying  for  proper  Allowance  for  the  same.       Lxxv.Jm 

Eead  And  House  Jour. 

Ordered  That  there  be  allowed  and  paid  out  of  the  public  Treas-  ^'^'^  pp-  ^2'  ^7- 
ury  to  the  Pef  the  sum  of  four  pounds  ten  shilP  in  full  Considera- 
tion for  the  Articles  lost  «&  Expences  mentioned  in  y®  Acc°  Exhibited. 
\Pa88ed  June  10.^ 


CHAPTEE    70. 

ORDER    ALLOWING    £5.  8    ANNUALLY    FOR    THREE    YEARS    TO    SIMON 

DAVIS. 

A  Petition  of  Simon  Davis  of   Greemuich,  in  the  County  of  House  Jour- 
HampsMre,  setting  forth,  that  having  the  Command  of  a  Company  Mass!" 
in  the  late  Groion-Point  Expedition,  he  was  grievously  wounded  in  bS^y.^es^s. 

the  Battle  near  Lake- George,  by  Means  whereof  he  expects  to  be  a  ^/[^^ 

Cripple  during  his  Life;  and  that  in  Consideration  of  his  Sufferings,  Archives, 
the  General  Court  made  him  a  Grant  in  April  last,  for  his  then  House  Jour- 
present  Eelief ;  and  praying  that  his  Circumstances  may  be  again  ^ntf'v^m 
consider'd,  and  a  more  permanent  Eelief  granted  him  in  such  Way  chap!  433. 
and  Manner,  as  shall  be  thought  fit. 

Eead  and 

Ordered,  That  the  Petitioner  be  allowed  out  of  the  Public  Treas- 
ury An  Annual  pension  of  five  pounds  eight  Shillings  for  the  Term 
of  three  Years.     \_Passed  June  11. 


CHAPTEK    71. 

ORDER    ALLOWING    NATHAN    THOMPSON    £4    PER    ANNUM    FOR    THREE  Legislative 

YEARS.  Records  of  the 

Council,  xxl., 
217.    Mass. 

A  Petition  of  Nathan  Thompson  setting  forth  his  distressed  i^^y.^^leo. 

Circumstances  by  Eeason  of  his  Wounds  received  at  the  Battle  '^^^ 

near  Lake  George  Praying  for  some  further  Eeleif  from  this  Court.  Archives, 

-D„„-i„,T  ^  -^       °  Ixxv.,  660,  665. 

Keaa  ana  House  Jour- 

Ordered,  That  the  Petitioner  be  allowed  &  paid  out  of  the  Public  °g*'>  ^p-^^"^'  ^' 
Treasury  an  Annual  Pension  of  Four  pounds  f>  Annum  during  the  p.  439,  chap. 
Term  of  three  years.     [Passed  June  11.  ^^' 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  June  11. 


558 


Province  Laws  {Resolves,  etc.) .  — 1756-57.     [Chaps.  72-74.] 


CHAPTER    72. 


ORDER  ALLOWING  £4  TO  JUDAH   CLARKE. 


Legislative 
Records  of  the 
Council,  xxi., 
218.    Mass. 
Archives, 
Ixxv.,  574. 

Hoiise  Jour- 
nal, pp.  54,  70, 
71.    Ante, 
p.  436,  chap. 
265. 


A  Petition  of  Judah  Clarke  setting  forth  his  great  Sufferings 
by  the  Wounds  received  in  the  Battle  on  Lake  George,  and  praying 
for  the  Compassion  of  this  Court  in  granting  him  some  further 
Eeleif. 

Eead  and 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  the  Petitioner  the  sum  of  Four  pounds  in  Consideration  of 
his  suflEerings,  for  the  present  year.     \^Passed  June  11. 


CHAPTER    73. 

VOTE  desiring  HIS  HONOUR  THE  LIEUT.  GOVERIifOUR  TO  ORDER  THE 
INLISTMENT  OF  FORTY  THREE  MEN  TO  GARRISON  FORT  HALIFAX 
AND  THE  STOREHOUSE  ON  KENNEBECK  RIVER. 


Legislative 
Records  of  the 
Council,  xxi., 
218.    Mass. 
Archives, 
Ixxv.,  663. 

House  Jour- 
nal, pp.  71,  72. 
Ant^  p.  246, 
chap.  199. 


Voted, 

That  his  Honour  the  Lieu*  Governor  be  desired  to  give  Orders 
to  Cap*  William  Lithgovr  for  inlisting  forty  three  men  to  relive 
those  who  have  been  posted  at  Fort  Hallifax  &  the  Store  House 
on  Kennebeck  Eiver  for  near  two  Years,  and  that  there  be  paid 
to  each  Man  who  shall  inlist  three  Dollars,  and  that  the  men  be 
discharged  at  the  expiration  of  twelve  months  from  the  Time  of 
their  Inlistment,  &  that  the  said  43  men  now  there  be  discharged  as 
soon  as  Others  shall  arrive  to  supply  their  place.     \^Passed  June  11. 


CHAPTER    74. 


ORDER  ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  THE  COUNTY 
OF  DUKES  COUNTY. 


Legislative 
Records  of  the 
Council,  xxi., 
218. 

House  Jour- 
nal, pp.  10,  70. 


An  Accompt  presented  by  Zacheus  Mayhew  Esq''  Treasury '  of 
Dukes  County  for  the  last  Year,  having  been  by  him  laid  before 
the  Court  of  General  Sessions  of  the  Peace  for  said  County  &  by 
them  allowed. 

Eead  & 

Ordered  that  this  Acco*  be  allowed,  and  that  the  Ballance  thereof 
being  Three  Shillings  &  six  pence  the  said  County  be  accountable 
to  said  Treasurer  for.     [^Passed  June  11. 

»  Sic. 


[1st  Sess.]     Province  Laws  (Eesolves,  etc.).  — 1756-57.  559 


CHAPTER    75. 

ORDER  ALLOWING  NATHAN   THOMPSON  TO  RECEIVE   HIS    FIRST   YEAR 

PENSION  AT  ONCE. 

A  Petition  of  Nathan  Thompson  setting  forth  his  present  great  Legislative 
Necessity  of  Money,  and  therefore  praying  that  he  may  be  now  councif.xxi.,^ 
allowed  at  least  some  part  of  the  Money  granted  him  by  this  Court  ?i^: 

nnnn  liia  Ppf°  House  Jour- 

upon  nis  ret  nai,pp.7i,72. 

Read  &  Ante,  p.  557, 

Ordered  that  the  Prayer  of  this  Petition  be  so  far  granted,  as  '^'^^p- '^• 

that  the  Pef  be  allowed  to  receive  his  first  Years  Stipend  of  Four 

Pounds  referred  to  in  the  Petition  at  present  in  Consideration  of 

his  being  in  great  Want  of  Money.     [Passed  June  11. 


560 


Province  Laws  {Resolves,  etc.).  — 1756-57.     [Chaps.  76,  77.] 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  First  Day  of  July,  A.D.  1756. 


CHAPTEE    76. 


Legislative 
Records  of  the 
Council,  xxi., 
223.    Mass. 
Archives, 
cxvii.,  186. 

Mass. 
Archives, 
cxvii.,  185. 
House  Jour- 
nal, pp.  76,  77, 
78.    Ante, 
p.  550,  chap.  52. 


ORDER    DISCHARGING   SAM"-  BOND    AND    STEPHEN    WESSON    FROM    IM- 
PRISONMENT. 

A  Petition  of  Samuel  Bond  &  Stephen  Wesson  of  Lincoln  shew- 
ing that  upon  a  Petition  of  the  Select  Men  of  said  Town  for  a  new 
Hearing  of  a  Cause  between  the  said  Town  &  Nathaniel  Whittamore, 
this  Court  ordered  that  Execution  on  a  Judgment  obtained  by  the 
said  Whittamore  against  the  said  Town  should  be  stayed  'till  the 
Matter  was  heard  by  this  Court,  that  the  said  Whittamore,  notwith- 
standing he  was  informed  of  said  Order  by  some  that  had  seen  it, 
immediately  caused  Execution  to  be  served  on  the  Petitioners  & 
then  hastned  out  of  the  Province,  Praying  that  the  Petitioners  who 
are  imprisoned,  may  be  discharged  or  otherwise  releived. 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted,  as 
That  the  Petitioners  Sam'  Bond  &  Stephen  Wesson  be  discharged 
from  their  imprisonment  on  said  Writt  of  Execution,  provided  they 
give  sufficient  bond  to  the  Sheriff  of  the  County  of  Middlesex  to 
Answer  the  final  Judgment  on  the  said  Demand;  And  the  Keeper 
of  his  Majesty's  Goal  in  said  County  is  hereby  enjoined  to  discharge 
them  Accordingly.     \^Passed  July  2. 


CHAPTER    77. 


Legislative 
Records  of  the 
Council,  xxi., 
224.    Mass. 
Archives,  cxi., 
388. 

Mass. 

Archives,  cxi., 
387.    House 
Journal,  pp.77, 

78. 


ORDER  GRANTING  TO  PHEBE  RICHARDSON  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Phebe  Eichardson  Widow  shewing  that  her  late 
Husband  kept  an  Inn  in  the  Town  of  Woburn  in  a  Place  very  com- 
modious for  Travellers  and  was  furnished  with  a  large  Stock  for  that 
Business  at  the  Time  of  his  Decease,  Praying  that  the  Court  of  Gen- 
eral Sessions  of  the  Peace  for  the  County  of  Middlesex  may  be  im- 
powered  to  grant  the  Pef  a  Licence. 

Eead  and 

Ordered  that  the  Court  of  Gen'  Sessions  of  the  Peace  next  to  be 
holden  within  and  for  the  County  of  Middlesex  be  and  they  hereby 
are  impowered  (if  they  think  fit '  to  grant  Licence  to  the  within  named 
Phebe  to  be  an  inholder  in  the  Town  of  Woburn,  and  to  give  pub- 

*  The  parenthesis  should,  it  seems,  end  here. 


[2d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1756-57.  561 

lick  Entertainment  in  the  House  where  she  now  dwells,  the  time  for 
granting  Licences  being  elapsed  notwithstanding.  And  Liberty  is 
hereby  granted  to  the  said  Phebe  to  keep  such  House  of  publick 
Entertainment  in  the  mean  time.     [^Passed  July  2. 


CHAPTEK    78. 

ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered  that  there  be  paid  out  of  the  public  Treasury  to  M""  Francis  Legislative 
Whipple  for  the  Use  of  Gershom  Fay  Forty  seven  Shillings  &  eight  couS.xxLr 

pence,  for  the  Use  of  Jason  Badcock  Fifty  two  Shillings  &  eight  pence,  "^^ 

and  for  the  Use  of  Anna  M<=Allester  Forty  nine  Shillings ;  To  M''  Mass. 
Ephraim  Spaulding  for  the  Use  of  Oliver  Adams  Forty  nine  Shil-  ixx^v.7395,  567, 
lings.  To  Cap*  John  Brown  for  the  Use  of  Joshua  Barton  Three  ese'esg'm^^' 
Pounds  twelve  Shillings,  To  William  Lawrence  Esq'  for  the  Use  of  House  Jour- 
Benaiah  [Hudson]  '  Fifty  four  Shillings  &  four  pence,  To  M''  David  °^  '  ^' 
Marsh  for  the  Use  of  Stephen  Webster  Fifty  four  Shillings  &  two 
pence  To  William  Richardson  Esq""  for  the  Use  of  Aaron  Dresser  Four 
Pounds  six  Shillings  &  five  pence,  &  to  M'  Eliphalet  Whiting  for  the 
Use  [of]  '  John  Cox  Thirty  two  Shillings  in  full  Discharge  of  the 
several  Acco*^  of  Expences  &ic,^  exhibited  in  their  respective  Peti- 
tions.    \_Passed  July  3. 


CHAPTER    79.  KKthe 

Council,  xxi., 

ORDER  ALLOWING  THE  ACCOUNT  OF  THE   COMMISSIONER  OF   STAMP    f  rchi^e^s^^ciii , 

DUTIES.  437. 

An  Accompt  presented  by  M''  James  Russel  Commissioner  of  the  nai,  pp.  42, 79. 
Stamp  Duties,  containing  the  several  Articles  of  Receits,  as  also  of  Eaws.^m.,  867, 
Payments  &  Expences  for  the  last  Year,  amounting  to  the  Sum  of  °|}*P-'3i.*^4'o^' 

£979.11.91/2.  note.'  Ante,' 

Read  and  p.  513,  chap. 


Ordered,  That  this  Accompt  be  allowed.     \^Passed  July  3. 


457. 


CHAPTER    80. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EXCISE 
FOR  THE  COUNTY  OF  YORK  AND  ALLOWING  £3.  19.  6  FOR  THE  EX- 
PENSE  THEREOF. 

The  Committee  appointed  to  let  out  to  farm  the  Excise  on  strong  Legislative 
Liquors  &c^  in  the  County  of  York  reported  that  they  had  agreed  councif,  xxi.,^ 
with  Capt  Ichabod  Goodwin  for  the  same,  viz*  for  the  Excise  from  ^rcMves^^cxx 
the  26*  of  December  1755  to  the  26**^  of  March  1756,  the  Sum  of  iis.        '    ' '' 
£47.10/  and  for  the  Excise  for  the  present  Year  the  Sum  of  £200,  House  Jour, 
and  had  taken  Bonds  of  him  with  Sureties  &  lodged  them  in  the  ^nie,'v^m. 
Treasury,  their  Acco'^  of  Time  &  Expence  therein  amounting  to  chap*.  332. 
£3.19.6. 

Read,  and 

Ordered,  That  this  Report  be  Accepted,  And  That  there  be  allowed 

*  Inserted  from  the  House  Journal,  p.  81. 


562 


Province  Laws  (Besolves^  etc.).  — 1756-57.     [Chaps.  81-83.] 


And  paid  out  of  the  Public  Treasury  the  sum  of  three  pounds  Nine- 
teen Shillings  &  six  pence  to  the  s*^  Com'**  in  discharge  of  their  Acco* 
exhibited.     [Passed  July  3. 


CHAPTEK    81. 


Legislative 
Records  of  the 
Council,  xxi., 
226.    Mass. 
Archives,  xix., 
417. 

Mass. 

Archives,  xix., 
416.    House 
Journal,  pp.79, 
80,  81.    Ante, 
p.  346,  chap. 
46. 


ORDER  IMPOWERING  EDMUND  FROST,  ADM«,  TO  SELL  AN  ESTATE  AND 
MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Edmund  Frost  Administrator  of  the  Estate  of 
John  Pattin  dec*^  shewing  that  Elizabeth  Pattin  late  Administratrix 
obtained  Liberty  of  the  General  Court  to  sell  about  Sixty  Acres  of 
Land  belonging  to  the  said  Estate  for  Payment  of  the  deceaseds 
Debts ;  but  died  before  she  sold  said  Land,  Therefore  praying  that 
the  Petitioner  may  be  enabled  to  sell  the  said  Land  (which  lies  in 
the  Town  of  Shrewsbury)  for  paying  the  said  John  Pattins  Debts. 

Bead  and 

Ordered^  That  y®  prayer  of  this  Pef  be  so  far  granted  as  y*  y^ 
Pef  in  his  said  Capacity  be  and  hereby  is  fully  impowered  to  make 
Sale  of  the  Buildings  &  Lands  in  s*^  Pet°  mentioned  for  y®  most  the 
same  will  fetch,  &  to  make  &  execute  a  good  &  sufficient  Deed  or 
Deeds  of  the  same;  Provided  he  give  sufficient  Caution  to  the  Judge 
of  Probate  for  the  County  of  Worcester,  That  y®  overplus  money 
arising  by  said  Sale  (after  the  just  Debts  due  from  the  said  Estate 
are  paid)  be  distributed  to  &  among  the  Children  &  Legal  rep- 
resentatives of  the  S*^  John  Patten  deceased  according  to  Law. 
[Passed  July  3.^ 


CHAPTER    82. 


Legislative 
Records  of  the 
Council,  xxi., 
227.    Mass. 
Archives,  cxi., 
389. 

House  Jour- 
nal, pp.  8,  88. 
.4M<e,  p.432, 
chap.  256. 


ORDER  APPOINTING  A  COM^''*  TO  EXAMINE  KCCOr"^  OF  TAVERNERS  AND 
OTHERS  FOR  THE  ENTERTAINMENT  OF  SOLDIERS. 

In  the  House  of  Rep^ 

Ordered,  That  M''  Paine,  Cap*  Sprague  &  Cap'  Richardson  with 
such  as  the  Hon^'*  Board  shall  join  be  a  Committee  to  examine  the 
Acco*^*  from  Taverners  &  others  Who  entertained  the  Sold"  the  last 
Year,  on  their  return  from  the  Crown-point  Expedition         &  report. 

In  Council  Read  and  Concur'd  and  Ezekiel  Cheever  and  Rich*^ 
Cutt  Esq"  are  joined  in  the  Affair.     [Passed  July  6. 


CHAPTER    83. 


Legislative 
Records  of  the 
Council,  xxi., 
227.    Mass. 
Archives,  Ixv., 
254. 

House  Jour- 
nal, p.  88. 


ORDER  IMPOWERING  BENJAMIN  AND  EDWARD  DAVIS  TO  EXPORT  PRO- 
VISIONS TO  ESSEQUEBO. 

A  Petition  of  Benjamin  &  Edward  Davis  of  Boston  Merch" 
shewing  that  they  are  fitting  out  the  Brig°®  Middleburgh  Richard 
Humphreys  Master  for  the  Port  of  Esqueb  near  Surinam ;  Praying 
that  they  may  be  permitted  to  send  in  the  said  Vessel  a  Quantity 
of  Provisions  to  that  Place. 


*  This  date  is  according  to  Mass. 
Council  the  date  is  July  5. 


Archives ;  according  to  Legislative  Records  of  the 


[2d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1756-57.  563 

Read  and  Kriii.,9oi, 

Ordered^  That  y®  prayer  of  this  Petition  be  granted;  &  that  the  chap. 30;  955,' 
Pet"  have  liberty  to  ship  the  Provisions  mentioned  on  board  the  ^^m,  chap. 
Brig'  Middleburgh,  Eichard  Humphrys  Master,  And  that  the  Com-  ^^i. 
missioner  of  Impost  be  and  he  hereby  is  impowered  &  directed  to 
take  Bond  of  One  Thousand  Pounds  Sterling  of  the  Pet"  for  land- 
ing the  same  at  the  Port  of  Esquebe,  and  that  the  Chief  Officer  of 
said  Vessell  at  his  return  make  oath  that  the  said  Provisions  were 
bona  fide  landed  there,  and  on  his  taking  the  said  Oath  the  Bond 
mentioned  shall  be  Cancelled.     \^Passed  July  6. 


CHAPTER    84. 

ORDER  IMPOWERING  JOSEPH  EVELITH,  ADM»    TO  SELL  LAND. 

A  Petition  of  Joseph  Evelith  Administrator  of  the  Estate  of  Legislative 
David  Evelith  late  of  Kutland  dec"^  shewing  that  the  said  David  councif,  xxi.f 
left  no  personal  Estate  but  his  Cloathing,  nor  other  Keal  Estate  ArcM^vesfkix., 
than  Eighty  six  Acres  of  Land  under  Mortgage  for  the  Payment  4i5. 
of  the  Money  contracted  for  the  Purchase,  Praying  that  the  Pet"^  Mass. 
may  be  impowered  to  sell  the  same  for  that  End.  414*^  hou^^^'' 

Read  and  syTrss.^^' ^^' 

Ordered  that  the  Prayer  of  this  Petition  be  so  far  granted  as  that  Province 
the  Petitioner  in  his  Capacity  be,  and  he  hereby  is  Impowered  to  ^h\^!io.''  ^^^' 
make  Sale  of  the  within  mentioned  Lands  to  Enable  him  to  pay 
the  Dec"^'^  Debts  and  to  make  and  Execute  a  good  &  Sufficient 
Deed  or  Deeds  of  Conveyance  thereof  in  y®  Law,  he  observing  the 
Directions  of  y®  Law  respecting  the  sale  of  Real  Estates  by  Ex*  and 
adm*  and  giving  Sufficient  Caution  to  the  Judge  of  Probates  for  y® 
County  of  AVorcester  to  account  with  him  for  y^  Produce  thereof. 
[Passed  July  6. 


CHAPTER    85. 

ORDER  ALLOWING  £19.  17.  4  TO  W"  HURSTON  AND  £5.  6  TO  JOHN  KNOX.  Legislative 

Records  of  the 
Council,  xxi., 

Ordered,  That  there  be  allowed  and  paid  out  of  the  Public  Treas-  ^g^^Mass. 
ury  to  William  Hu[r]ston  the  sum  of  Nineteen  Pounds  seventeen  ixx"xix.,^207. 
shillings  &  four  pence  And  to  John  Knox  the  sum  of  five  Pounds  six  House  Jour- 
Shillings,  in  discharge  of  their  Acco**  of  Entertainment  to  Sold"  "fli^-^^^^^ 
on  their  return  from  the  Forts  near  Lake  George.    [Passed  July  7.   chap!  82. 


CHAPTER    86. 

ORDER  ALLOWING  SUNDRY   AMOUNTS  TO  DIVERS  PERSONS. 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury  Legislative 
to  M'  Eliphalet  Whiting  for  the  Use  of  John  Ellis  Eleven  Pounds  gSn.xxL^ 
sixteen  Shillings ,  To  Josiah  Johnson  Esq""  for  the  Use  of  John  Lilly  2-29. 


564 


Province  Laws  {Resolves,  etc.).  — 1756-57.     [Chaps.  87,  88.] 


Mass. 
Archives, 
Ixxv.,  594,  651, 
657,  687,  688. 
House  Jour- 
nal, p.  91. 


Thirteen  Shillings,  To  Capt  Ithamar  Hubbel  for  the  Use  of  Charles 
Adams  Thirty  four  Shillings;  To  M'  Ebenezer  Barker  for  the  Use 
of  William  Morse  Thirty  Shillings  and  seven  pence,  and  to  Robert 
Dodge  Twenty  six  Shillings;  and  to  Capt  John  Whitney  for  the  Use 
of  Thomas  Wright  Forty  Shillings  in  discharge  of  the  Accounts  of 
Expences  in  their  several  Petitions  exhibited.     \^Passed  July  7. 


CHAPTER    87. 


VOTE  DESIRING  HIS  HONOUR  THE  LIEUT.  GOVERNOUR  TO  ORDER  THE 
RETURN  OF  SOLDIERS  TO  CAPT.   GOODWIN'S  COMPANY. 


Legislative 
Records  of  the 
Council,  xxi., 
230.    Mass. 
Archives, 
ixxv.,  722. 

Mass. 
Archives, 
Ixxv.,  720. 
House  Jour- 
nal, pp.  89, 90, 
92.    Ante, 
p.  531,  chap.  8. 


A  Petition  of  Thomas  Hancock  Esq''  &  others  Proprietors  of 
Lands  Eastward  representing  the  great  Disadvantages  to  the  Inhabi- 
tants of  the  Lands  lying  between  the  Rivers  of  Kennebeck  &  Dam- 
arascotta  by  the  removal  of  so  many  of  the  Forces  destined  for  those 
Parts  to  Brunswick,  S*  Georges  &  parts  adjacent,  pray^  that  they  may 
be  ordered  to  their  first  Station. 

Read  and 

Voted,  That  his  Honour  the  Lieut*  Governor  be  desired  to  Order 
the  fourteen  men  taken  out  of  Cap'  Goodwin's  Company  to  Guard 
the  Inhabitants  of  Brunswick  be  returned  to  the  said  Cap'  Good- 
win's Company  again  And  that  the  seven  men  taken  out  of 
said  Cap'  Goodwin's  Company  to  Guard  the  Inhabitants  of  Broad- 
Bay  be  returned  to  the  said  Company  again.     {^Passed  July  7. 


CHAPTER    88. 


VOTE  DESIRING  HIS  HONOUR  THE   LIEUT    GOVERNOR  TO    ORDER   THE 
ENLISTMENT  OF  TEN  INHABITANTS  OF  NEW   GLOCESTER. 


Legislative 
Records  of  the 
Council,  xxi., 
230. 

House  Jour- 
nal, pp.  35,  43. 
Ante,  p.  542, 
chap.  30. 


A  Petition  of  Philemon  Warner  &  Nathaniel  Allen  in  behalf  of 
the  Inhabitants  of  New  Glocester,  setting  forth  their  exposed  Con- 
dition in  respect  to  the  Indian  Enemy,  praying  that  some  of  the  said 
Inhabitants  may  be  put  into  the  Pay  of  the  Province,  to  be  employed 
for  their  Defence  or  that  this  Court  would  grant  them  other  Releif 
under  their  Difficulties. 

Read  & 

Voted  that  such  of  the  Inhabitants  of  a  Place  called  New  Gloces- 
ter in  the  County  of  York  as  are  effective  for  the  Service  (one  of 
whom  to  be  a  Serjeant)  be  put  into  the  pay  &  Subsistence  of  the 
Government,  ten  only  at  the  same  time,  the  said  Ten  to  be  employed 
in  scouting  for  the  Protection  of  the  said  Inhabitants  'till  the  last 
day  of  October  next,  And  that  his  Honour  the  Lieuten'  Governour 
be  desired  to  give  Directions  accordingly.     [Passed  July  7. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  565 

CHAPTER    89. 

ORDER  IN  REGARD  TO  TAXES  IN  THE  TOWN  OF  DUNSTABLE. 

A  Petition  of  the  Select  Men  of  the  Town  of  Dunstable  setting  Legislative 
forth  that  for  want  of  proper  Officers  in  the  said  Town  for  collect-  counc'if,  xxl,^ 
iuar  the  Province  &  County  Taxes  for  the  Year  1754,  [Said  taxes  231    Mass. 

~  •'  *-  A.rciiivGS 

have  not  been  Collected  &  paid]  '  and  therefore  praying  that  the  cxvii.,  195. 
Province  Treasurer  &  the  Treasurer  of  the  County  of  Middlesex  House  Jour- 
may  be  impowered  k  directed  to  add  said  Taxes  to  the  Tax  of  the  prov^Sce^'  '**' 
present  Year,  &  issue  Warrants  accordingly:  Laws, m.,  1054, 

Read  and 

Ordered^  That  y^  prayer  of  this  Petition  be  granted,  And  That 
the  Province  Treasurer  be  directed  to  add  the  Province  Tax  of  y® 
Town  of  Dunstable  for  the  year  1754  to  their  present  Years  prov- 
ince Tax  &  to  issue  his  Warrant  accordingly :  And  That  y'^  Treas- 
urer for  the  County  of  Middlesex  add  y®  S^  Town's  County  Tax  for 
y^  S"^  year  1754  to  their  County  Tax  for  y^  present  year  And  issue 
his  War'  to  y""  Assessors  of  s*^  Town  Accordingly.     [Passed  July  7, 


CHAPTER    90. 

ORDER  OF  NOTICE  WITH  STAY  OF  ALL  PROCEEDINGS  ON  THE  PETI- 
TION OF  FRANCIS  DODGE  AND  OTHERS  OF  BROOKFIELD,  IN  REGARD 
TO  TAXES. 

A  Petition  of  Francis  Dodge  &  others  shewing  that  they  joined  ^If^rd^of  the 
with  the  second  Parish  in  Brookfield  upon  Encouragement  given  councn,  xxi., 
them  by  a  Vote  of  the  said  Parish  that  they  should  not  be  taxed  Archive^s? 
for  any  Charges  arisen  before  their  joining  with  them,  notwith-  cxvii.,  iss. 
standing  which  the  said  Parish  have  taxed  the  Petitioners  for  sev-  Mass. 
eral  Charges  arisen  before  their  being  concerned  with  them  &  in  cxvii.,  187, 190 ; 
other  respects  have  treated  them  otherwise  than  they  expected,  House  Jour- 
Praying  that  this  Court  would  free  them  from  s'^  Taxes.  nai,  p.  91. 

Read  and 

Ordered^  That  the  Petitioners  Notify  the  Second  Precinct  in 
Brookfield  of  this  Pet°  by  leaving  an  Attested  Copy  thereof,  with 
the  Clerk  of  s**  Precinct  that  they  shew  Cause  (if  any  they  have) 
on  the  second  Wednesday  of  y®  next  sitting  of  this  Court,  why  the 
Prayer  thereof  should  not  be  granted.  And  That  all  proceedings 
relating  to  y"  Petitioners  Taxes  mentioned  be  staled  in  the  mean 
time.'     [Passed  July  7. 

*  Inserted  from  Mass.  Archives,  cxvii.,  195. 

"  At  the  hearing,  August  20,  1756,  this  petition  was  dismissed.  See  House  Journal, 
p.  132,  August  20,  1756;  also  Legislative  Records  of  the  Council,  xxi.,  247. 


566 


Province  Laws  {Resolves,  etc.).  — 1756-57.     [Chaps.  91-93.] 


CHAPTEK    91. 


ORDER  REFERRING  ALL  UNFINISHED  MATTERS. 


Record"of  the       Ordered  that  all  Matters  that  had  Day  at  the  present  Sitting  of 
Council,  xxi.,    the  Court,  and  have  not  been  passed  on  or  shall  not  be  passed  upon 

??^: before  the  Court  rise,  be  referred  &  have  the  same  day  at  their  next 

K!9r''"      Sitting.     [Passed  July  7. 


CHAPTER    92. 

ORDER    ALLOWING    £7.  8.  11   TO    THE    SELECTMEN    OF    DISTRICT    OF 

DANVERS. 


Legislative 
Records  of  the 
Council,  xxl., 

230.    Mass. 
Archives, 
xxiii.,  161. 

Mass. 
Archives, 
xxiii.,  160,  161. 
House  Jour- 
nal, pp.  92, 95. 
Ante,  p.  409, 
chap.  204. 


A  Memorial  of  Daniel  Epes  jun'  in  behalf  of  the  District  of 
Danvers  shewing  that  the  maintenance  of  the  Wife  of  Cornelius 
Cavenaugh  &  his  Children  (ordered  there  by  the  General  Court) 
does  very  much  exceed  the  Wages  due  to  said  Cavenaugh,  Praying 
that  the  Ballance  may  be  paid  to  said  District : 

[Eead  &] 

Ordered,  That  the  Prayer  of  the  Memorial  be  so  far  granted  as 
that  there  be  allowed  and  paid  out  of  the  public  Treasury  to  the 
Memorialist  the  sum  of  Seven  pounds  eight  Shillings  &  eleven 
pence  in  discharge  of  the  Acco'  Annexed :  Also  y*  the  said 

Woman  &  her  two  Children  be  sent  to  the  Work  house  in  the  Town 
of  Salem  the  Charge  which  may  arise  thereon  besides  her  earnings 
to  be  paid  as  this  Court  shall  hereafter  Order.     [Passed  July  8,^ 


CHAPTER    93. 

VOTE  DESIRING  HIS  HONOUR  THE  LIEUT  GOVERNOUR  TO   APPOINT    A 

PUBLIC  FAST. 


Legislative 
Records  of  the 
Council,  xxl., 
232. 

House  Jour- 
nal, pp.  95,  96. 
Love's  Fast 
and  Thanks- 
giving Days 
of  New  Eng- 
land, p.  497. 


The  PRESENT  State  of  our  Nation  and  of  the  English  Colonies 
in  North  America,  &  of  this  Province  in  particular  by  Eeason  of 
the  great  Preparations  made  &  making  against  us  by  our  French  & 
Indian  Enemies,  loudly  admonish  us  of  our  Duty  to  acknowledge 
the  righteous  Hand  of  God  in  these  Dispensations  of  Providence, 
and  the  Time  of  Action  of  the  Forces  raised  by  this  &  the  Neigh- 
bouring Governments  for  recovering  their  just  Eights  out  of  the 
Hands  of  their  Enemies,  being  probably  very  near,  the  Voice  of 
Providence  seems  to  call  on  us  to  seek  to  God  for  his  Blessing  upon 
our  Important  Undertakings,  without  which  we  have  no  Ground 
to  hope  for  Success, 

Therefore 

Voted  that  his  Honour  the  Lieuten*  Governour  be  desired  with 
the  Advice  of  the  Council,  to  appoint  as  soon  as  may  be  convenient 
a  day  of  public  Fasting  &  Prayer  for  imploring  the  Mercy  of  God 
towards  us  in  the  Pardon  of  our  Sins,  the  Interposition  of  his  divine 
Power  &  Wisdom  for  the  defeating  the  Designs  of  our  Enemies 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  July  7. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  567 

against  us,  and  restoring  to  us  the  quiet  &  peaceable  Enjoyment 
of  the  good  Land  God  has  graciously  given  us,  and  that  all  Servile 
Labour  &  Kecreations  be  forbidden  on  said  Day.'    [^Passed  *  July  8. 


CHAPTER    94. 

ORDER  ON  THE  PET''  OF  EBENEZER  STEDMAN  &  OTHERS,  GUARDIANS, 
IN  REGARD  TO  SETTLEMENT  OF  AN  ESTATE. 

A  Petition  of  Ebenezer  Stedman  &  others,  Heirs  of  John  Sted-  R^fo^'^g^^l'tue 
man  of  Cambridge  dec*^  and  Guardians  of  such  of  the  Heirs  as  are  coimcii,  xxi., 
in  their  Minority  shewing  that  according  to  the  Will  of  the  said  Archives^xix., 

John,  his  real  Estate  remaining  after  the  Death  of  his  Wife,  (who  ^J^ 

is  now  deceased)  should  be  equally  divided  among  his  Heirs  &c^  but  Mass. 
the  Number  of  the  Heirs  being  Ten  a  Division  was  found  utterly  4i8.  House    ' 
impracticable  without  spoiling  the  whole,  therefore  the  Heirs  of  Jo'^^ai,  p.  96. 
Age,  &  the  Guardians  of  such  as  are  under  Age  have  agreed  that 
the  whole  should  be  settled  on  the  said  Ebenezer,  he  to  pay  the 
rest  their  respective  Parts,  according  to  Apprizment,  to  be  made 
by  indigent  Persons,  w'^'^  has  been  accordingly  done,  to  the  Accept- 
ance of  all  concerned,  Praying  this  Court  w**  allow  &  confirm  the 
same. 

read  & 

Ordered  that  the  prayer  of  the  Petition  be  granted  &  the  Guar- 
dians of  such  of  the  Parties  interested  as  are  in  their  minority 
hereby  are  fully  authorised  &  impowered  in  their  s*^  Capacity  (in 
conjunction  with  the  other  divisees  or  persons  interested  who  are 
of  lawful  age  [)] ''  to  release  to  the  &^  Ebenezer  the  s''  minors  interest 
in  s"^  estate  He  paying  or  securing  to  be  paid  their  respective  pro- 
portions of  the  apprised  value  thereof  &  thereupon  to  discharge 
him  of  the  same  &  that  such  deed  of  release  shall  to  all  intents 
&  purposes  be  as  valid  in  law  as  if  the  same  had  been  given  by  s** 
minors  after  they  had  been  of  lawful  age.     \^Passed  July  8. 


CHAPTER    95. 

VOTE  DESIRING  HIS  HONOUR  THE  LIEUT.  GOVERNOUR  TO  GIVE 
ORDERS  FOR  THE  PROTECTION  OF  THE  INHABITANTS  OF  HUNTS 
TOWN. 

A  Petition  of  Chileah  Smith  in  behalf  of  the  Inhabitants  of  Rlforls^of  the 
the  Plantation  called  Hunts  Town,  setting  forth  their  great  Danger  Councn,  xxi., 
from  the  Indians  &  their  Inability  to  defend  themselves  &  praying  j^cw^es^^" 
for  Releif .  c^^"-  ^^e. 

Eead  and  Mass. 

A.rcnivG8 

Voted,  That  his  Hon''  the  Lieu*  Gov""  be  desired  to  give  Directions  cxvu.,  ns,  ii5, 
to  Col°  Israel  Williams  That  he  order  a  suitable  number  of  y®  Forces  jj^n^rpp.95, 
destined  to  scout  on  the  Western  Frontiers,  for  y®  Protection  of  ^'^\..^"'^> 
the  Petetioners  &  Inhab*^  of  s*^  Place  as  he  shall  Judge  Necessary.  364.'  '^  ^^' 
[Passed  July  8. 

^  The  fast  was  appointed  July  22,  1756,  and  was  public. 

^  Inserted  from  Legislative  Records  of  the  Council,  xxi.,  233. 


568 


Province  Laws  {Resolves,  etc.).  — 1756-57.     [Chap.  96.] 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Eleventh  Day  of  August,  A.D.  1756. 


CHAPTEK    96. 


Legislative 
Records  of  the 
Council,  xxi., 
237.    Mass. 
Archives,  ciii., 
486. 

Mass. 

Archives,  cili., 
485.    House 
Journal,  p.  103. 
Ante,  p.  545, 
chap.  41. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  APPOINTED  TO  BURN  GOV- 
ERNMENT SECURITIES  AND  DISCHARGING  THE  PROVINCE  TREASURER 
OF  THE  SUM  OF  £25,172.  8.  3. 

Eeport  of  burning  Government  Securities,  which  were  paid  ofE, 
viz*^ 

Boston  July  16.  1756:  Eeceived  of  M""  Treasurer  Gray  Gov- 

ernm*  Securities  that  were  redeemable  the  20*'^  January  1754,  amount- 
ing to  Three  hundred  Pounds  eighteen  Shillings,  The  Interest  paid 
thereon  Fifty  four  Pounds  nine  Shillings  &  eleven  pence,  making  in 
the  whole  Three  hundred  &  fifty  five  Pounds  seven  Shillings  &  eleven 
pence ;  Also  Government  Securities  that  were  redeemable  May  1. 1755, 
amounting  to  Three  hundred  thirty  five  Pounds  six  shillings,  which 
with  the  Interest  of  Twenty  four  Pounds  five  Shillings  &  five  pence, 
amounts  to  Three  hundred  fifty  nine  Pounds  eleven  Shillings  &  five 
pence;  Also  Government  Securities  that  were  redeemable  May  10. 
1756,  amounting  to  Thirteen  Thousand  six  hundred  &  seventeen 
Pounds  four  Shillings  and  ten  pence,  which  with  the  Interest  of 
Four  hundred  &  twenty  three  Pounds  two  Shillings  &  six  pence, 
paid  thereon,  makes  Fourteen  Thousand  and  forty  Pounds  seven 
Shillings  &  four  pence ;  also  Government  Securities,  that  will  be  due 
ye  -[^Bt  Q-f  DecemV  next,  amounting  to  One  Thousand  five  hundred 
thirty  three  Pounds  nineteen  Shillings  and  ten  pence,  which  with 
the  Interest  of  Eighty  six  Pounds  three  Shillings  and  nine  pence 
paid  thereon  makes  Sixteen  hundred  &  twenty  Pounds  three  Shil- 
lings &  ten  pence ;  also  Government  Securities  that  will  become  due 
on  the  1*'  of  January  1757,  amounting  to  Eight  Thousand  three 
hundred  thirty  three  Pounds  eighteen  Shillings  &  eleven  pence, 
which  with  the  Interest  of  Four  hundred  sixty  two  Pounds  nine- 
teen Shillings  and  one  penny  makes  Eight  Thousand  seven  hundred 
ninety  six  Pounds  eighteen  Shillings ;  All  which  Securities  with  the 
Interest  paid  thereon  amount  to  the  Sum  of  Twenty  five  Thousand 
one  hundred  seventy  two  Pounds  eight  Shillings  &  three  pence, 
Which  we  have  seen  burned  &  consumed  to  Ashes : 

Jacob  Wendell,  Andrew  Oliver 

Thomas  Hubbard,  Samuel  Miller 

James  Foster, 

Eead  and 

Ordered,  That  this  Eeport  be  Accepted,  and  That  the  Treasurer 
of  the  Province  be  discharged  of  the  Sum  of  Twenty  five  thousand 
one  hundred  &  seventy  two  Pounds  eight  ShilP  &  three  pence  ac- 
cordingly.    \^Passed  August  13. 


[3d  Sess.]     Province  Laws  (Resolves,  etc.).  —  1756-57.  569 


CHAPTER    97. 

VOTE  FOR  BUILDING  A  FENCE  AROUND  THE  POWDER  HOUSE  IN  BOS- 
TON AND  A  WATCH  HOUSE  NEAR  IT  AND  APPOINTING  A  COMMITTEE 
THEREFOR. 

Voted  That  for  the  better  Security  of  the  Powderhouse  at  the  Legislative 
bottom  of  the  Common  in  the  Town  of  Boston,  There  be  be '  (with  courTdf  xx^^^ 
the  leave  of  his  Excellency  the  Cap'  General)  a  Picket  Fence  built  238.  Mass. 
round  the  same  of  about  eight  feet  high  above  the  Ground  &  at  ixxvi.1 43. 
about  sixty  feet  distance  from  the  house,  and  That  a  Watch  house  House  Jour- 
be  built  at  a  suitable  place  near  it  &  be  constantly  kept  by  a  suffi-  na^iiPP-io2,io4, 
cient  number  of  Good  Men  to  guard  it;  And  That  a  Com'^^  be  ap- 
pointed for  effecting  the  same  accordingly:  The  said  Com'"^ 
also  to  Cause  such  repairs  to  be  made  on  said  House  for  security 
of  y*  Powder  therein  as  they  shall  find  Necessary 

In  Council  Eead  and  Concurd  &  Andrew  Oliver  Esq'^  with  such 
as  y^  hon""'^  house  shall  join  be  a  Comm^"  for  the  purposes  abovement^ 
In  the  House  of  Eepresent^ 

Read  and  Concurred,  And  M''  Speaker  &  M'  Flucker  are  joined 
in  the  affair.     \^Passed  Atigicst  13. 


CHAPTEE    98. 


ORDER  IMPOWERING  SARAH    SHILLABER,  ADM^  TO  EXECUTE  A  DEED. 

A  Petition  of  Sarah  Shillaber  of  Danvers,  shewing  that  she  was  Legislative 
impowered  by  the  General  Court  as  Administratrix  of  her  late  Hus-  conncif  xxi!^^ 
band  William  Shillaber  dec**  to  give  a  Deed  for  conveying  a  common  238.  Mass.  ' 
Right  in  the  great  Paster  in  Salem  (so  called)  to  Samuel  Bell  for  423.       ^'  ^  ^'* 
which  he  had  agreed  with  the  said  William  in  his  Life  time,  that  Mass. 
the  Petitioner  executed  a  Deed  accordingly;  but  it  now  appears  that  ^i^^^House'^'' 
the  Petitioner's  Husband  had  procured  the  said  Right  to  be  set  off  Journal, 
in  a  Subdivision  of  the  said  great  Pasture,  commonly  called  the  province  ' 
Horse  Pasture,  Praying  that  she  may  be  impowered  to  give  a  new  ^h^%5o'^"'^^'^' 
Deed  to  the  said  Samuel  Bell. 

Read  and 

Ordered,  That  the  Prayer  of  this  Petition  be  granted ;  &  That 
the  Pef  be  and  hereby  is  impowered  in  her  Said  Capacity  of  Admin^ 
to  make  and  execute  a  good  &  Sufficient  deed  of  Conveyance  of  the 
Common  Right  mentioned  to  the  said  Samuel  Bell  &  his  Heirs,  and 
that  the  same  be  &  hereby  is  declared  to  be  good  &  Valid  in  the  Law 
to  all  Intents  &  purposes  whatsoever.     \^Passed  August  14. 


CHAPTER    99. 

ORDER    IMPOWERING    ABIGAIL    BROWN,   GUARDIAN,   TO    EXECUTE    A 

DEED. 

A  Petition  of  Abigail  Brown  of  Salem,  Widow  &  Guardian  to  Legislative 
the  four  youngest  Children  of  William  Brown  dec*^  shewing  that  counc*if  xxi^^ 
the  said  Minors  are  interested  in  Common  with  the  other  Children,  238a.  Mass. "' 

Archives,  xlx., 

»  Sic.  '2t 


570 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  100, 101.] 


Mass. 

Archives,  xix., 
424.    House 
Journal, 
pp.  100, 101,  104, 
105.    Province 
Laws,  ii.,  151, 
chap.  10. 


in  one  half  part  of  an  old  dwelling  House,  and  a  small  Peice  of 
Land  adjoining,  that  the  House  is  much  out  of  Eepair,  and  very 
unprofitable  to  the  said  Minors  as  it  lies,  Therefore  Praying  that 
the  Pet"^  may  be  impowered  to  sell  the  said  Minors  part. 

Kead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  granted ;  and  That 
the  Pef  be  and  She  hereby  is  impowered  in  her  said  Capacity  of 
Guardian  to  make  and  Execute  a  good  &  sufficient  Deed  of  sale  in 
the  Law  of  the  said  Minors  interest  in  the  House  &  Land  mentioned 
to  such  person  or  persons  who  shall  appear  to  give  the  most  for  the 
same.  She  Observing  the  Directions  of  the  Law  relating  to  y®  sale  of 
real  Estates  by  Executors  &  Administrators,  and  giving  Sufficient 
Caution  to  the  Judge  of  Probate  for  the  County  of  Essex  that  the 
produce  thereof  together  w'^  y^  Interest  arising  thereon  be  paid  to 
the  said  Minors  as  they  shall  respectively  arrive  at  Lawful  Age. 
\_Passed  August  14. 


Legislative 
Records  of  the 
Council,  xxi., 
189,  238a. 
Mass. 

Archives,  xix., 
395. 

Mass. 

Archives,  xix., 
394,396.  Legis- 
lative Records 
of  the  Council, 
xxi.,  238a. 
House  Jour- 
nal, pp.  86, 109. 


CHAPTEK    100. 

ORDER  IMPOWERING  JONATHAN    BROWNELL,  GUARDIAN,  TO    EXECUTE 

A  DEED. 

A  Petition  of  John  Walker  and  others  of  Dartmouth,  shewing 
that  he  purchased  about  the  Year  1750,  of  William  Brownell  (since 
deceased)  some  Peices  of  Land,  and  paid  the  Consideration  agreed 
on  therefor,  but  thro  his  own  Neglect,  omitted  taking  a  Deed  of 
Conveyance  thereof;  altho  the  said  William  Stood  ready  to  execute 
the  same.  Praying  that  some  Person  may  be  authorized  to  make  a 
lawful  Conveyance  of  said  Land  to  him  »&  his  Heirs. 

Eead  and  it  appear^  that  the  Guardian  of  the  Children  within 
named  has  been  Served  with  a  Copy  of  this  Petition  and  thereon 
Certified  his  Consent  thereto 

Ordered  that  the  Prayer  of  the  Pet°  be  granted  and  that  Jona- 
than Brownell  in  his  within  mentioned  Capacity  be  and  he  hereby 
is  impowered  to  execute  in  due  form  of  Law  a  Deed  for  Convey- 
ance of  the  Premisses  within  mentioned  to  the  Petitioner  John 
Walker  and  that  such  Instrument  being  duly  acknowledged  and 
Eecorded  in  the  Eegistry  of  Deeds  for  the  County  where  the  Estate 
lies  shall  make  a  good  Title  to  him  his  Heirs  and  Assigns  forever. 
\^Passed  August  14. 


CHAPTER    101. 


ORDER  GRANTING  TO  CHARLES  FLORENCE  LICENCE  TO    SELL    STRONG 

DRINK. 


Legislative 
Records  of  the 
Council,  xxi., 
238b.    Mass. 
Archives,  cxx., 
117. 

Mass. 

Archives,  cxx., 
117.    House 
Journal,  p.  105. 


A  Petition  of  Charles  Florence  of  Lyn,  shewing  that  he  has 
obtained  the  Approbation  of  the  Select  Men  of  said  Town,  for 
retailing  of  spirituous  Liquors  there,  but  thrd  Mistake  came  too 
late  to  have  a  Licence  from  the  Court  of  General  Sessions  of  the 
Peace  for  the  County  of  Essex,  they  being  adjourned  without  day. 
Therefore  Praying  that  the  said  Court  may  be  impowered  to  grant 
him  a  Licence  at  their  next  Term. 

Eead  And 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  571 

Ordered,  That  the  Prayer  of  this  Pet°  be  so  far  granted,  that  the 
Court  of  General  Sessions  of  the  Peace  for  the  County  of  Essex  be 
and  hereby  are  impowered  att  their  next  Term  (if  they  see  fitt)  to 
Licence  the  Petitioner  to  retail  spirituous  Liquors  in  the  Town  of 
Lyn  he  first  Obtaining  the  Approbation  of  the  select  men  of  s*^ 
Town,  the  Time  for  granting  Licences  being  elapsed  notwithstand- 
ing.    \^Passed  August  14. 


CHAPTEE    102. 

ORDER  ALLOWING   £5.  13  TO   CAP'^  DANIEL  BREWER. 

A  Petition  of  Cap*  Daniel  Brewer,  shewing  that  he  committed  Rlforda'of  the 
a  Sum  of  Money  as  Bounty  for  inlisting  Soldiers  in  the  late  Expe-  council,  xxi., 
dition  to  one  Hezekiah  Collar  a  Soldier  in  his  Company,  who  died  Arciii^s,^^" 
while  he  was  employed  in  that  Service,  Praying  that  the  Petitioner  ixxvi.,  u. 
may  be  allowed  so  much  out  of  said  Collars  Wages  as  he  fell  in  Debt  Mass. 

.       f  .  l_^      1     K  ,  Archives, 

to  him  on  that  Account.  ixxvi.,  is. 

T?Parl    <^         -  House  Jour- 

i^edu  oi/  ...  nal.pp.lOO.lO."). 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted  as 
that  the  Pet'  be  and  hereby  is  impowered  by  himself  or  his  Order 
to  receive  of  y®  Province  Treasurer  the  sum  of  five  pounds  thirteen 
shillings  part  of  the  Wages  due  to  the  said  Hezekiah  Coller  as  born 
on  the  Muster  Roll  of  his  Company  being  the  sum  which  it  appears 
was  due  to  the  Petitioner  from  the  said  Coller  by  their  last  Settle- 
ment ;  and  the  Treasurer  is  hereby  directed  to  pay  the  same  Accord- 
ingly.    [Passed  August  17.^ 


CHAPTEE    103. 

ORDER  IMPOWERING    PHILIP    WHEELER    TO    DRAW    THE    WAGES    OF 
PELEG  CHURCH,  INDIAN. 

A  Petition  of  Philip  Wheeler  of  Rehoboth  shewing  that  an  Legislative 
Indian  Serv*  of  his  named  Peleg  Church  inlisted  under  Cap*  James  councfi^  xxi!)^ 
Andrews  in  the»late  Expedition  against  Crown  Point  and  afterwards  239.  Mass. 

^  •  Archives 

into  the  Company  of  Cap*  Seth  dishing  at  Fort  William  Henry,  ixxvi.,  11'. 
and  died  in  the  Service,  and  in  neither  of  the  Rolls  of  the  said  House  Jour. 
Captains  is  he  made  up  as  a  Servant,  praying  that  this  Court  would  n^ai. pp- m.  11*1 
impower  him  to  receive  his  Wages  as  in  the  said  Muster  Rolls, 

Read  And 

Ordered,  That  the  Prayer  of  the  Petition  be  granted,  And  that 
the  Pef  be  &  he  hereby  is  impowered  to  draw  the  Wages  of  the 
said  Peleg  Church  as  they  stand  on  the  Muster  Rolls  of  Cap*  Andross 
and  Cap*  dishing  and  y'  the  Treasurer  be  directed  to  pay  the  same 
Accordingly.     [Passed  Augtist  17. 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  August  14. 


572 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  104-106.] 


Legislative 
Records  of  the 
Council,  xxi., 
243.    Mass. 
Arcliives,  xiii., 
7S0. 

House  Jour- 
nal, pp.  100,  111, 
117. 


CHAPTER    104. 

ORDER  ALLOWING   £20  TO  THE  SELECT  MEN  OF  PROVINCE  TOWN. 

A  Petition  of  the  Select  Men  of  Province  Town  shewing  that 
they  have  been  destitute  of  a  stated  Minister  for  many  Years  in 
said  Town  for  want  of  Ability  to  support  one,  Praying  that  this 
Court  would  make  the  said  Town  a  Grant  to  assist  them  in  the 
Maintenance  of  an  Minister,  &  repairing  their  Meeting  House  which 
is  much  decayed. 

Kead  and 

Ordered  That,  There  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  the  Select  Men  of  s*^  Town  for  their  use  the  Sum  of  twenty 
Pounds  to  enable  them  to  repair  their  Meeting  house  &  to  maintain 
the  preaching  of  the  Gospel  among  them  for  the  present  Year. 
[^Passed  August  17. 


CHAPTEE    105. 


VOTE  REFERRING  TO  THE  FRENCH  NEUTRALS  SENT  FROM  GEORGIA. 


Legislative 
Records  of  the 
Council,  xxi., 
243. 

Mass. 
Archives, 
xxiii.,  182-184. 
Legislative 
Records  of  the 
Council,  xxi., 
238a,  238  ,  239. 
House  Jour- 
nal, p.  113. 
Province 
Laws,  iii.,  960, 
note.    Ante, 
p.  556,  chap.  68. 


Whereas  there  is  lately  brought  into  this  Town  by  John  Gorham 
Esq"'  Sheriff  of  the  County  of  Barnstable  &  Barnabas  Gibbs  a  Num- 
ber of  French  People  being  Ninety  nine  in  the  whole  that  were  sent 
from  Nova  Scotia  to  Georgia,  and  some  other  Southern  Governments 
who  were  in  their  Way  back  to  Nova  Scotia;     Therefore, 

Voted  that  said  French  People  be  committed  to  the  Sheriff  of  the 
County  of  Suffolk  untill  the  further  Order  of  this  Court;  and  that 
said  Gorham  &  Gibbs  be  discharged  from  any  further  Care  of  them; 
And  that  also  the  said  Sheriff  of  the  County  of  Suffolk  be  directed 
to  cause  strict  Search  to  be  made  after  any  Papers  the  said  People 
may  have  in  their  Possession,  &  to  secure  the  same  in  order  to  their 
being  delivered  to  a  Committee  of  this  Court.     [Passed  August  17. 


CHAPTER    106. 


Legislative 
Records  of  the 
Council,  xxi., 
244.    Mass. 
Archives,  xix., 
434. 

Mass. 

Archives,  xix., 
433.    House 
Journal, 
pp.  103, 120. 


ORDER  IMPOWERING  RUTH  PERLEY,  EXECUTRIX,  TO  EXECUTE  A  DEED. 

A  Petition  of  Euth  Perley  of  Ipsw'^^  Widow  &  Executrix  of  the 
last  Will  &  Testam'  of  Samuel  Perley,  Praying  that  she  may  be  im- 
powered  to  execute  a  Deed  of  Conveyance  of  about  three  Acres  of 
Land  to  one  Allen  Perley,  for  compleating  an  Agreement  for  exchang- 
ing some  Lands,  made  in  the  Lifetime  of  the  said  Samuel,  as  also 
of  about  two  Acres  of  Thatch  Bank  to  one  Abner  Hale,  for  w*^*^  the 
said  Samuel  received  the  full  Consideration  agreed  on,  which  thro 
some  Neglect  were  left  unfinished  at  the  Time  of  his  Death, 

Read  and 

Ordered^  That  the  Prayer  of  the  Petition  be  granted,  And  That 
the  Petitioner  in  her  s*^  Capacity  of  Executrix  be  &  hereby  is  author- 
ized and  impowered  to  make  &  Execute  in  due  form  of  Law  a  Deed 
of  the  three  acres  of  Land  within  mentioned  which  is  a  part  of  the 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1756-57.  573 

Estate  of  her  late  husband  deceas"^  unto  the  within  named  Allen 
Pearly  his  Heirs  &c  he  the  s"^  Allen  securing  unto  the  Heirs  of  the 
S*^  Samuel  Pearly  the  other  three  acres  within  mentioned 

And,  also  that  the  Petitioner  be  Authoriz'^  &  impowered  in  her 
said  Capacity  to  give  and  Execute  in  due  form  of  Law  a  Deed  of  the 
within  Mentioned  Thatch  Bank  unto  the  within  named  Abner  Hale, 
he  giving  up  the  within  mentioned  Note,  which  Deeds  being  Acknowl- 
edged &  recorded  as  the  Law  directs  the  same  shall  be  and  hereby  are 
declared  to  be  good  and  valid  in  the  Law  to  all  intents  «&  purposes 
whatsoever.     \^Passed  August  18. 


CHAPTER    107. 

VOTE  ALLOWING    £5,500.  11. 4    TO    THE    COMMITTEE    OF    WAR    FOR    THE 
CROWN  POINT  EXPEDITION. 

Whereas  by  the  Tax  that  is  this  Year  gone  forth  for  Fifty  eight  glfordfof  the 
Thousand  seven  Hundred  Pounds  eleven  shillings  and  four  pence;  council, xxi., 
but  Fifty  three  Thousand  Two  Hundred  Pounds  of  said  Sum  is  Archi^esT' 
appropriated ;  so  that  there  will  be  a  Surplusage  of  Five  Thousand  ixxvi.,  si. 
five  Hundred  Pounds  eleven  Shillings  and  four  pence  in  the  Treas-  House  Jour- 
ury  when  the  Taxes  are  paid  in.  Pro^iSce  ' 

Thprpfnrp  Laws,  iii., 967, 

xnereiore  chap,  i;  1054, 

Voted,  That  the  said  Sum  of  Five  Thousand  five  Hundred  Pounds  note.  Ante, 
eleven  Shillings  and  four  pence  when  received  into  the  Treasury  be  282.  '  *^  ^^' 
and  hereby  is  applied  for  the  Use  and  Service  of  the  Crown  Point 
Expedition;  And  that  the  Treasurer  pay  the  same  out  of  the  Treas- 
ury to  the  Hon'''''  Committee  of  War,  by  Warrant  from  the  Gov- 
ernour  and  Council.     {^Passed  August  18. 


CHAPTER    108. 

ORDER  APPOINTING  A   COMMITTEE    ON    THE    PETITION    OF    STEPHEN 
FOWLER,  JUN»,  TO  APPEAL  FROM  A  SENTENCE. 

A  Petition  of  Stephen  Fowler  jun""  of  Dorchester  shewing  that  Legislative 
upon  a  Complaint  of  John  Marshal,  he  was  tried  before  Robert  Spur  councn,  xxi.,^ 
Esq"'  one  of  his  Majesty's  Justices  of  the  Peace  for  the  County  of  ^rchi^es^^' 
Suffolk  for  stealing,  &  by  his  Sentence  declared  guilty  &  fined ;  And  xiiv.,  283. 
for  as  much  as  the  Petitioner  tho  conscious  of  his  Innocency  thro  Mass. 
his  Ignorance  of  his  Priviledge  to  appeal  lost  the  Benefit,  Praying  xUy'^.'Isi.' 
that  he  may  now  be  admitted  to  appeal  from  said  Sentence  upon  g^^^^^dfof  the 
his  entering  into  Recognizance  to  prosecute  the  same.  council,  xxi.. 

In  Council  Read  with  the  Answ^  of  John  Marshall,  &  journal!  p'p- 87, 

Ordered  that  Benjamin  Lincoln  &  Benj*  Pickman  Esq"  with  such  ^-^j-Z^f,!; 
as  the  Hon'''®  House  shall  join,  be  a  Committee  to  consider  this  Peti-  113 
tion  &  Answer,  &  report  what  may  be  proper  for  this  Court  to  do 
thereon. 

In  the  House  of  Rep^ 

Read  and  Concurred;  And  Col°  Clap,  Col°  White  &  M'  Baker  are 
joined  in  the  Affair.'     \^Passed  August  18. 

*  See  post,  p.  575,  chap.  113. 


574: 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  109, 110.] 


CHAPTEE    109. 


Legislative 
Records  of  the 
Council,  xxi., 
240.    Mass. 
Archives,  xix., 
432. 

Mass. 

Archives,  xix., 
431.    House 
Journal, 
pp.  100, 114. 
Province 
Laws,  il.,  151, 
chap.  10. 


ORDER    IMPOWERING    ISAAC    PACKARD,   GUARDIAN,    TO    SELL    REAL 
ESTATE  AND  MAKING  PROVISION  IN  REGARD   TO  THE  PROCEEDS. 

A  Petition  of  Isaac  Packhard  of  Bridgewater,  Guardian  of  the 
Heirs  of  Joseph  Field  dec*^  shewing  that  his  Eeal  Estate  is  under 
such  Circumstances  that  the  selling  any  part  of  it  will  much  sink 
the  Value  of  the  rest,  &  as  there  is  a  considerable  Debt  to  be  paid 
beyond  what  the  personal  Estate  will  answer,  Therefore  praying  that 
the  whole  real  Estate  may  be  sold. 

Read  and 

Ordered,  That  the  Prayer  of  the  Petition  be  granted;  And  y*^  y® 
Pef  be  and  he  hereby  is  impowered  to  make  Sale  of  the  Premisses 
mentioned  therein  for  the  most  they  will  fetch,  and  to  execute  in 
due  form  of  Law  a  Deed  or  Deeds  for  Conveying  the  same.  He  to 
Observe  the  Directions  in  the  Law  for  the  Sale  of  real  Estates,  pro- 
vided That  the  said  Isaac  give  Bond  with  Sureties  to  the  Judge  of 
Probate  for  the  County  of  Plymouth  that  the  Overplus  of  the  Monies 
(after  paying  the  just  Debts  of  s"^  Joseph  Field  deceased)  Coming 
by  said  Sale  be  forthwith  put  to  Interest  for  the  Benefitt  of  the 
severall  Legatees,  agreeable  to  y'  respective  Shares  &  proportions 
thereof,  and  be  paid  to  them,  pursuant  to  the  Will  of  the  Testator. 
\^Passed  August  19.^ 


CHAPTER    110. 


Legislative 
Records  of  the 
Council,  xxi., 
245.    Mass. 
Archives,  cix., 
322. 

Legislative 
Records  of  the 
Council,  xxi., 
186,200.   House 
Journal, 
pp.  12.5, 126. 
Province 
Laws,  iii.,  1062, 
note. 


VOTE  TO  EQUIP  THE  SLOOP  MASSACHUSETTS    TO    GUARD    THE    COAST. 

Voted,  That  the  Sloop  Massachusetts  now  in  y^  Service  &  pay  of 
this  Province  Should  as  soon  as  may  be  be  equipp'd  in  Manner  fol- 
lowing, to  be  employed  to  Guard  the  Coast:  Viz' 

With  Six  Guns  that  will  carry  Shott  of  four  pounds  Two  that 
will  carry  Shott  of  Six  pounds. 

Twelve  Swivel  Guns,  with  small  Arms  Powder  &  Ball  equiva- 
lent :  And 

That  Sixty  One  able  Bodied  effective  men.  Officers  included  shall 
be  put  on  board  said  sloop,  and  subsisted.  Whose  monthly  Wages 
shall  be  as  follows ;  Viz'  The  Captain  Six  pounds.  Lieutenant 

four  pounds,  Master  &  Chirurgeon  three  pounds  ten  shillings,  each 
Boatswain  &  Carpenter  three  pounds.  Mate  &  Armourer  two  pounds 
ten  shillings  each.  Cook,  Steward  &  Cooper  two  pounds  five  shillings 
each,  &  to  every  private  Man  two  pounds.  And  whatever  prizes 

may  be  taken  from  the  Enemy,  the  following  distribution  shall  be 
made  Viz'  three  sixteenth  parts  to  the  Captain,  two  sixteenths  to 
the  Lieutenant,  Master  &  Surgeon,  And  three  to  the  Boatswain, 
Carpenter,  Mate,  Armourer,  Cook,  Steward  &  Cooper  in  equal 
parts,  And  the  remaining  eight  Sixteenth  parts  amongst  the  pri- 
vate Men  in  equal  parts:  And  that  the  Duration  of  the  service 
shall  be  two  months  &  no  longer.  And 

That  his  Excellency  be  desired  to  grant  Commissions  to  a  Num- 
ber of  suitable  persons,  And  to  give  all  other  necessary  directions 
Accordingly.     [Passed  August  19. 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  dale  is  August  17. 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1756-57.  575 

CHAPTER    111. 

ORDER  ALLOWING  40/  TO  JONATHAN  INGELL. 

A  Petition  of  Jonathan  Ingell,  shewing  that  his  Apprentice  was  Legislative 
inlisted  into  the  Service  on  the  late  Crown  Point  Expedition,  whom  counctf.xxi!^^ 
the  Petitioner  furnished  with  a  good  Fire  Arm,  which  his  Colonel  ^5.   Mass. 
took  from  him.  Praying  that  the  Pef  may  be  allowed  for  it.  ixxv.74i9. 

Eead  and  House  Jour. 

Ordered,  That  there  be  allowed  to  the  Pef  out  of  the  public  Treas-  nai.PP-33,i25. 
ury,  &  paid  for  his  Use  to  Sam^  White  Esq''  y®  sum  of  forty  Shillings 
in  full  Consideration  for  his  Gun  Mentioned.     {^Passed  August  19. 


CHAPTER    112. 

ORDER  ALLOWING  THE  ACCOUNT  OF  THE   TREASURER    OF    SUFFOLK 

COUNTY. 

An  Accompt  presented  by  Eichard  Bill  Esq'  Treasurer  of  the  Legislative 
County  of  Suffolk  for  the  last  Year,  having  been  by  him  laid  before  counc'if  xii^^ 
the  Court  of  General  Sessions  of  the  Peace  for  said  County  &  by  246. 

them  allowed.  House  Jour. 

Eead  &  nai,  pp.  lo.  122. 

Ordered  That  this  acco'  be  allowed,  and  that  the  Ballance  thereof 
being  Fifty  Pounds  eight  Shillings  &  five  pence  one  farthing  the  said 
Treasurer  be  further  accountable  to  the  said  County  for,  besides  out- 
standing Debts,  amounting  to  the  Sum  of  One  hundred  and  thirty 
nine  Pounds  twelve  Shillings  &  four  pence.     \^Passed  August  19. 


CHAPTER    113. 

VOTE    ACCEPTING    REPORT    OF    COMMITTEE    ON    THE    PETITION    OF 
STEPHEN   FOWLER,  JUN",  TO   APPEAL   FROM   A   SENTENCE. 

The  Committee  to  whom  was  refer'd  the  petition  of  Stephen  Legislative 
Fowler  Jun'  of  Dorchester  \^ante,  p.  573,  chap.  108]  have  Attended  counc'if  xii*^® 
that  Service  heard  the  partys  &c.  247.  Mass. 

Eeport  that  the  prayer  of  the  petition  be  so  far  Granted  that  the  xUv'^/2^^.' 
petitioner  be  admitted  to  bring  for  wards  his  Appeal  from  a  Judg-  House  Jour, 
ment  given  Against  him  before  the  worshipf nil  Eobart  Spur  Esq""  n-"*'.  pp-  s^.  122. 
to  the  Court  of  Gen'^  Sessions  of  the  peace  for  the  County  of  Suffolk  p.  573,  chap?  ^' 
proper  time  for  doing  this  by  Law  being  relap'd '  not  withstanding  •'^°^" 
allw<^  is  Humbly  Submitted 

I?  Benj"^  Lincoln  ^j  Order 

Eead  and  accepted  and  the  Pet'  is  accordingly  allow'd  to  appeal 
from  the  Sentence  within  mentioned  unto  the  Court  of  General 
Sessions  of  the  Peace  to  be  holden  at  Boston  within  and  for  the 
County  of  Suffolk  on  the  first  Tuesday  of  October  next;  and  the 
within  named  Justice  is  directed  to  receive  the  Same,  and  the  Pef 
to  recognize  for  his  Appearance  at  Said  Court  as  the  Law  directs; 
And  the  Justices  of  the  Said  Court  are  also  impowered  to  hear  the 

»  Sic. 


576 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  114, 115.] 


Matter  complain'd  of,  and  determine  thereon  pursuant  to  Law.  And 
That  the  Petitioner  notifie  the  Complainant  of  this  Order  fourteen 
Days  at  least  before  the  Sitting  of  Said  Court.     \_Passed  August  20. 


Legislative 
Records  of  the 
Council,  xxi., 

248. 

House  Jour- 
nal, pp.  49, 130, 
132. 


CHAPTER    114. 

ORDER  ALLOWING  JON^  WILLARD  EBEN.  BALDWIN  AND  OTHERS  TO 
PURCHASE  LAND  OF  THE  INDIANS  AND  VOTE  REFERRING  THEIR 
PETITION  TO  BE  ERECTED  INTO  A  DISTRICT. 

A  Petition  of  Jonathan  Willard,  Ebenezer  Baldwin  &  others 
Inhabitants  of  Lands  lying  to  the  Westward  of  Sheffield,  Praying 
that  they  may  be  allowed  to  purchase  the  Indian  Eight  to  said 
Lands,  &,  be  erected  into  a  District. 

Eead  & 

Ordered  that  the  Petitioners  have  Liberty  to  make  one  general 
Purchase  of  the  Indians  claiming  or  owning  the  Lands  described 
in  y*  said  Petition,  and  to  take  one  general  Deed  of  them  accord- 
ingly, to  them  the  said  Petitioners  their  Heirs  &  Assigns  for  ever, 
they  paying  the  purchase  Consideration  to  the  Indians;  And  Eldad 
Taylor  Esq'  is  desired  to  see  that  Justice  is  done  in  the  Affair. 

And  as  to  that  part  of  the  Petition,  praying  to  be  made  a  District. 

Voted  that  the  Consideration  thereof  be  referred  to  the  Fall  Ses- 
sion of  this  Court,  &  the  Kepresentative  of  Sheffield  is  desired  to 
notify  that  Town  thereof,  that  they  may  shew  Cause  if  any  they 
have,  why  that  part  of  the  Prayer  thereof  should  not  be  granted. 
\^Passed  August  20. 


CHAPTER    115. 


ORDER  IMPOWERING  THOMAS  BOYLSTONE  TO    EXPORT  PROVISIONS   TO 
JAMAICA  AND  THE  BAY  OF  HONDURAS. 


Legislative 
Records  of  the 
Council,  xxi., 
248.    Mass. 
Archives,  Ixv., 
256. 

Mass. 

Archives,  Ixv., 
255.    House 
Journal,  p.  125. 
Province 
Laws,  iii.,  901, 
chap.  30;  955, 
note.    Ante, 
p.  270,  chap. 
261. 


A  Petition  of  Thomas  Boylstone  of  Boston  Merch*  praying  for 
Liberty  to  export  in  the  Brigantine  Dolphin  Samuel  Gallop  M""  & 
the  Brig'^®  Eebecca  John  Dorrington  M'  Provisions  to  Jamaica  & 
the  Bay  of  Hunduras  upon  his  giving  Bond  according  to  Law. 

Eead  and 

Ordered,  That  the  prayer  of  this  Petition  be  granted ;  And  that 
the  Pef  be  allowed  to  Ship  on  Board  each  of  the  Vessels  within 
Mentioned  Two  hundred  bar'^  of  Provisions,  And  the  Comiss'  of 
Impost  is  hereby  impowered  &  directed  to  take  Bonds  of  the  Pef 
in  the  Sum  of  one  thousand  Pounds  sterling  for  each  Vessel,  That 
y^  said  Provisions  shall  be  deliverd  at  the  Island  of  Jamaica  or  the 
Bay  of  Honduras,  and  that  the  Chief  officer  of  each  of  s*^  Vessels 
on  their  return,  make  oath  that  the  Provisions  afores**  were  bona 
fide  Landed  &  disposed  of  at  one  of  the  Ports  at  Jamaica  or  the 
Bay  of  Honduras,  &  upon  their  taking  the  said  oath,  the  s**  Bonds 
shall  be  Cancelled.     [^Passed  August  21. 


[3d  Sess.]     Province  Laws  (Besolves,  etc.).  — 1756-57.  577 


CHAPTEE    116. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EXCISE 
FOR  THE  COUNTY  OF  DUKES  COUNTY  AND  ALLOWING  £6.  5. 5  FOR 
THE   EXPENSE   THEREOF. 

The  Committee  for  letting  out  to  farm  the  Excise  on  strong  Legislative 
Liquors  in  Dukes  County  reported  that  they  had  agreed  with  Na-  coundf,  xxf,^ 
thaniel  Little  for  the  Excise  for  the  Currant  Year  for  £35  and  'i^rchi^veTcxx 

for  the  Excise  from  December  26  1755,  to  March  26.  1756,  for  £7.5  iis.        '  '   " 
and  have  taken  Bond  of  the  said  Little,  with  Sureties,  and  lodged  House  Jour, 
it  in  the  Treasury,  their  Account  of  Time  &  Expence  in  said  Ser-  ^nt^'^^g^ 
vice,  amounting  to  the  Sum  of  £6.5.5.  chap.  333. 

Eead  and 

Ordered  That  this  report  be  Accepted,  and  That  there  be  allowed 
&  paid  out  of  the  public  Treasury  to  the  said  Committee  the  sum 
of  Six  Pounds  five  Shillings  &  five  pence  in  full  Discharge  of  their 
Acco*  of  time  &  Expences  exhibited.     \^Passed  August  21. 


CHAPTER    117. 

ORDER  GRANTING  THE  PETITION  OF  ELEANOR  TIBAUDEAU  THAT  HER  Legislative 

NEICE   MIGHT   LIVE    WITH   HER.  Counc'if  xli.*^^ 

250.    Mass. 

A  Petition  of  Eleanor  Tibaudeau  late  an  Lihabitant  of  Nova  xxm.^m. 
Scotia,  now  resident  in  the  Town  of  Maiden  shewing  that  her  Hus-  '^^[^^ 
band  is  lately  dead,  &  has  left  her  in  a  helpless  Condition  with  five  Archives^ 
small  Children,  Praying  that  her  Neice  now  at  Dorchester  (a  grown  House  Jom-- 
Woman)  may  be  allowed  to  live  with  her.  Provmce^" 

Read  and  Laws,  lii.,  1057, 

Ordered  that  the  prayer  of  this  Petition  be  granted.     \^Passed  '^*'*®' 
August  23. 


CHAPTER    118. 

ORDER  IMPOWERING   NATH^-   FELTON    AND    JOSHUA    HAMMOND,  GUAR- 
DIANS AND   HEIRS,  TO  SELL  REAL  ESTATE. 

A  Petition  of  Nath.  Felton^  and  Joshua  Hammond,  in  Behalf  Refor^g'of  t^e 
of  themselves  &  others.  Heirs  of  the  Rev.  Mr.  Edioard  Jachson,  council,  xxi., 
late  of    Woburii,  deceased  Intestate,  setting  forth,  that  the  Real  jo^,irimi!"p.*'56. 
Estate  of  the  said  Intestate,  lying  in  said  Town,  is  incapable  of  ^^^^^j^Jg  ^j^. 
being  divided  among  the  Heirs,  so  as  to  accommodate  any  of  them,  4oi. 
it  chiefly  consisting  of  large  Buildings,  which  are  not  needful,  and  Ma«s.         7~ 
continually  going  to  Decay,  to  the  great  Prejudice  of  said  Heirs,  ^ofiorHolise 
some  of  whom  by  Reason  of  their  Minority  are  uncapable  of  acting  Journal, pp. 56, 
in  the  Sale  thereof,  however  advantageous  it  might  be  to  them;  and  ince Laws, u.^ 
praying  that  some  suitable  Person  or  Persons  may  be  impowred  to  ^^^>  *^^^p-  ^^• 
dispose  of  the  Premisses,  they  to  be  accountable  in  such  Manner 
as  shall  be  judged  proper. 

Read  and 

Ordered,  that  the  Prayer  of  the  Pet°  be  so  far  granted  as  that  the 
Pet"  Nath^^  Felton  and  Joshua  Hammond  be  and  hereby  are  allowed 


578 


Province  Laws  {Resolves,  etc.).  —  1756-57.  [Chaps.  119,  120.] 


and  impowered  in  their  Capacity  as  Guardians  and  Heirs  to  make 
Sale  of  the  Real  Estate  of  the  Dec''  in  Woboiirn  for  the  most  the 
same  will  fetch  and  to  Execute  a  good  Deed  or  Deeds  for  the  same 
they  first  giving  publick  Notice  of  the  Sale  thereof  agreeable  to  the 
Law  respecting  the  Sale  of  Real  Estates  of  Intestates  and  also  giv- 
ing sufficient  Security  to  the  Judge  of  Probate  for  the  County  of 
Middlesex  that  the  neat  proceeds  shall  be  distributed  among  the 
Heirs  agreeable  to  Law.     \^Passed  August  24. 


CHAPTER    119. 


RESOLVE  ANNEXING  A  TRACT   OF   LAND   TO  PETERSHAM. 


Legislative 
Records  of  the 
Council,  xxi., 
251.    Mass. 
Archives, 
cxvii.,  197. 

Mass. 
Archives, 
cxvii.,  196. 
House  .Jour- 
nal, pp.  1-29, 140. 
Province 
Laws,  iii.,731, 
chap.  38;  xi., 
726,  chap.  37. 


A  Petition  of  Abel  Willard  Agent  for  the  Town  of  Petersham 
shewing  that  Twelve  hundred  Acres  of  Land  formerly  granted  to 
Thomas  Farmer  &  others,  adjoining  to  said  Place,  was  esteemed  a 
Part  of  the  Propriety  of  Neechawog  before  it  was  made  a  Town, 
and  that  by  Mistake  the  said  Land  is  left  out  of  the  said  Town  in 
the  Act  for  erecting  it  into  a  Township,  praying  that  said  Tract 
may  be  included  in  said  Township. 

Read  and  Whereas  there  was  granted  in  the  Year  1733  to  Thomas 
Farmer  &  others  twelve  hundred  Acres  of  Land  which  was  laid  out 
on  the  northwesterly  part  of  a  Township  Granted  to  Jeremiah  Perley 
&  others  in  the  County  of  Worcester  Called  Nichawog,  but  when  in- 
corporated into  a  Town  by  the  Name  of  Petersham,  the  aforesaid  Tract 
of  Land  Containing  twelve  hundred  Acres  was  Omitted:  There- 
fore 

Resolved  That  the  said  Tract  of  twelve  hundred  Acres  of  Land 
granted  to  y®  said  Thomas  Farmer  and  others  be  and  hereby  is 
annexed  to  the  said  Townshij)  of  Petersham  &  from  henceforth 
shall  be  deemed  &  accounted  as  part  of  said  Town,  to  do  duty  & 
receive  privilege,  as  fully  to  all  Intents  &  purposes  as  though  it 
had  been  included  in  the  first  Incorporation  of  said  Township  of 
Petersham.     {^Passed  August  25.^ 


CHAPTER    120. 


ORDER  ON  PETITION  OF  THE    TOWN    OF    LINCOLN    IMPOWERING    REF- 
EREES TO   RECONSIDER  THEIR  REPORT. 


Legislative 
Records  of  the 
Council,  xxi., 
2.53. 

]\Ias8. 
Archives, 
cxxi.,  319-321. 
House  Jour- 
nal, pp.  144, 145. 
Ante,  p.  550, 
chap.  52. 


On  THE  Petition  of  the  Select  Men  of  the  Town  of  Lincoln, 
\ante^  p.  550,  chap.  52] 

Read  together  vnth  the  Answer  of  Nathaniel  Whittamore,  and 
the  Parties  being  heard  by  the  Board,  together  with  Thomas  Green- 
wood, and  Josiah  Johnson  Esq"  two  of  the  Referrees  within  named, 
who  seemed  satisfied  that  they  had  made  a  Mistake  in  their  said 
Report;  and  the  Matter  being  fully  considered; 

Ordered  that  the  Referrees  within  mentioned  be  &  hereby  are 
impowered  to  reconsider  their  said  Report  &  to  rectify  any  Mistake 
they  find  therein,  and  to  do  any  thing  further  in  the  Affair  they 

'  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  August  24. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  579 

apprehend  to  be  just  between  the  Parties,  and  report  a  new  on  the 
said  Affair  to  the  Justices  of  the  Court  of  General  Sessions  of  the 
Peace  to  be  hoklen  at  Concord,  within  and  for  the  County  of  Mid- 
dlesex on  the  first  Tuesday  of  September  next,  and  the  Justices  of 
the  said  Court  are  hereby  impowered  &  directed  to  receive  the  said 
Report,  and  determine  thereon  pursuant  to  Law,  the  former  Eeport 
and  Judgment  of  the  Court  thereon  notwithstanding;  Provided  that 
the  Select  Men  of  Lincoln  pay  the  said  Whittamore  the  Costs  hitherto 
sustained,  already  allowed  by  the  Court  of  Sessions  for  said  County, 
and  give  sufficient  Security  to  said  Whittamore  to  pay  him  what 
Sum  the  said  Court  shall  finally  order  to  be  paid  him  on  a  new  Hear- 
ing,    [^Passed  August  25. 


CHAPTER    121. 

ORDER  ALLOWING   £7.  1   TO  BENJAMIN  SMITH. 

A  Petition  of  Benjamin  Smith  an  Officer  in  the  late  Expedition  Legislative 
against  Crown  Point,  Praying  for  an  Allowance  of  Charges  of  him-  councff,  xU^* 
self  and  two  Soldiers  in  their  return  after  their  Dismission  from  the  'f rcui^veT' 
said  Service.  ixxvi.,  se. 


Read  and  Mass. 

Ordered,  That  there  be  allowed  &  paid  out  of  the  public  Treas-  ^l^vfTls- 
ury  the  sum  of  Seven  pounds  One  shilling  to  the  Petitioner  Benj=^  naT^^^'wTi'is 
Smith,  in  full  of  what  is  due  to  him  on  his  Acco*  exhibited.    \^Passed  ^^ '^^-     ' 
August  25. 


CHAPTER    122. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  FRENCH  NEUTRALS  IN 
BOSTON  AND  DIRECTING  THEIR  REMOVAL  TO  OTHER  TOWNS. 

The  Committee  appointed  to  consider  what  further  maybe  neces-  Legislative 
sary  to  be  done  with  Regard  to  the  French  Inhabitants  of  Nova  Scotia  counSxii!)® 
who  are  now  in  the  Province,  humbly  report  as  their  Opinion,  that  '^l^-^f^^^^- 
those  of  them  now  in  the  Town  of  Boston,  &  under  the  Care  of  the  xxiii.,i9i. 
Overseers  of  said  Town,  amounting  as  we  are  informed  to  Eighty  Mass. 
four  Persons,  be  forthwith  moved  from  Boston,  &  distributed  as  xxiiiljils,  i89. 
near  as  may  be  among  the  Towns  mentioned  at  the  Foot  of  this  Legislative 
Report;  One  or  two,  more  or  less  in  each  of  said  Towns,  as  shall  best  councif,  xxi., 
accomodate  the  French  Families  themselves,  and  that  the  Sheriffs  of  journ^°p^i43. 
the  Counties  of  Suffolk  and  Middlesex  be  directed  to  cause  the  said  Province 
French  Persons  to  be  as  soon  as  may  be  conveyed  to  said  Towns  ^lfa^^35 -'beo, ' 
respectively,  and  that  the  Select  Men  of  said  Towns  be  directed  °o|eg_  ^^^^^  g. 
to  receive  them  accordingly;  and  in  all  Things  concerning  them 
to  govern  themselves  by  the  Laws  &  Orders  of  this  Court  making 
Provision  for  the  Inhabitants  of  Nova  Scotia  sent  hither  from  that 
Government,  And  the  Committee  are  further  of  Opinion  that  as 
Hanover  has  nine  &  Pembroke  but  five  of  the  said  Inhabitants, 
that  three  of  those  at  Hanover  be  removed  to  Pembroke.  The 

Committee  are  further  of  Opinion  that  the  Select  Men  of  the  sev- 
eral Towns,  where  any  of  those  French  People  are  or  may  be  placed, 
be  directed  to  assist  them  in  procuring  Employment  at  such  Rates 


580 


Province  Jjams  {Resolves,  etc.).  — 1756-57.  [Chaps.  123, 124.] 


as  they  shall  judge  reasonable,  and  if  thro  want  of  Employment  or 
thro  want  of  Ability,  any  of  them  can't  earn  a  Support  for  them- 
selves &  Families,  the  Select  Men  be  directed  to  afford  them  such 
Eelief  as  may  be  necessary  for  their  comfortable  Subsistence,  in  the 
same  Manner  as  if  they  had  been  proper  Inhabitants  of  this  Prov- 
ince &  exhibit  their  respective  Accounts  of  Disbursement  into  the 
Secretary's  Office,  as  Occasion  shall  require. 

Which  is  humbly  submitted  John  Gkeenleaf 

Names  of  the  Towns  above  referred  to,  with  the  Number  of  Per- 
sons respectively  assigned  to  them,  viz'  Cambridge  Ten,  Wal- 
pole  Five,  Topsfield  Five,  Middleton  Five,  Westford  Five,  Sherburn 
Five,  Littleton  Five,  Bedford  Five,  Tewksbury  Four,  Brookfield 
Eight,  Southboro  Six,  Grafton  six,  Bellingham  Four,  Acton  Four, 
Dunstable  Four,  Westborough  three. 

Eead  &  Accepted,  & 

Ordered  that  the  French  People  therein  mentioned  be  disposed 
of  accordingly.     \^Passed  A^igust  25. 


CHAPTER    123. 


ORDER  ALLOWING  40/  TO  SAMi-  HARNDEN. 


Legislative 
Records  of  the 
Council,  xxi., 
254.    Mass. 
Arcliives, 
Ixxvi.,  34. 

Mass. 
Arcliives, 
Ixxvi.,  33. 
House  Jour- 
nal, pp.  133, 134, 
144. 


A  Petition  of  Samuel  Hardine  *  praying  for  an  Allowance  of  his 
Time  &  Expence  in  going  Express  with  Soldiers  for  his  Defence  to 
the  Garrison  at  Richmond  Fort  in  the  Year  1750. 

Read  and 

Ordered^  That  y^  Prayer  of  the  Pet°  be  so  far  granted,  as  that 
there  be  allowed  and  paid  out  of  the  public  Treasury  to  the  Pef 
y®  sum  of  forty  Shillings  in  full  Consideration  of  his  Time  and 
Expences  mentioned.     [Passed  August  25. 


CHAPTER    124. 


VOTE  ALLOWING  JAMES  MORRIS  AND   FAMILY  TO  LIVE  IN  THE  PROV- 
INCE  UNDER  CONDITIONS. 


Mass. 
Archives,  xv., 

262. 

House  Jour- 
nal, pp.  139, 142. 
Post,  p.  593, 
chap.  155. 


In  the  House  of  Representatives 
Voted  that  James  Morris  with  his  Wife,  Children  and  Grand- 
children, consisting  of  Eighteen  in  the  whole,  be  allowed  to  live 
in  any  Town  in  this  Government  within  Ten  miles  of  the  Town  of 
Boston,  He  procuring  some  suitable  Person  or  Persons  to  give  Bond 
on  his  behalf  in  the  Sum  of  One  Hundred  Pounds  Lawful  Money 
to  Harrison  Gray  Esq'  Treasurer  of  this  Province  and  his  Successors 
in  said  Office,  that  said  James  Morris,  his  Wife,  Children  and  Grand 
Children,  and  each  of  them,  shall  in  all  Respects  demean  themselves 
as  good  Subjects  of  His  Majesty  King  George  the  Second;  That  they 
shall  exercise  themselves  in  some  honest  and  lawful  Employment  for 
their  own  maintenance,  and  that  they  shall  not  become  chargeable 
to  this  Government,  or  any  Town  therein:  And  that  Thomas  Clap 
and  Samuel  Welles  Esq"  with  such  as  the  Honourable  Board  shall 

^  The  House  Journal,  p.  144,  reads,  "  Samuel  Earnden." 


[3d  Sess.]     Province  Laws  (BesolveSy  etc.).  — 1756-57.  581 

join  be  a  Committee  to  take  especial  Care  that  said  James  Morris 
procure  some  suitable  Person  or  Persons  to  give  Bond  as  aforesaid. 
In  Council  Read  &  Concur'd  &  John  Erving  Esq'  is  joined  in  the 
affair.     [Passed  August  25. 


CHAPTER       125.  Rifordfof  the 

Council,  xxi., 

ORDER   ON   THE   AFFAIR   OF  MASSAKESET   INDIANS.  Archives,  ' 

xxxii.,  715. 


On  the  Eeport  upon  the  Petitions  of  the  Mattakeset  Indians,  Archives 
fin  regard  to  selling  lands,  Mass.  Archives,  xxxii.,  pp.  713-714]        xxxii., 712, 713 

•-    -D       1    ff     A  ^-     1  1  House  Jour- 

Kead  &  Accepted  and  nai,  p.  ^i^-i 

Ordered  that  the  Petition  of  Peter  Job  &  others  be  accordingly  ip^-Jgy  262^^ ' 
dismissed  &  the  Prayer  of  the  Petition  of  Patience  Thomas  &  others  (December, 
be  granted.     [Passed  August  26.  Jn«e,'p."4i9,' 

chap.  228. 


CHAPTEE    126. 

VOTE  ALLOWING  £400  TO  THE  GOVERNOUR. 


Voted  that  there  be  granted  &  paid  out  of  the  public  Treasury  Legislative 
to  his  Excellency  William  Shirley  Esq'  Governour  in  Chief  of  this  coXn'xxi.^^ 
Province  the  Sum  of  Four  hundred  Pounds  in  Consideration,  of  255. 
his  Services  in  the  Government  hitherto,  &  for  furnishing  his  Table  House  Jour- 
with  such  Things  as  will  be  for  his  better  Accomodation  in  his  in-  °^^'P-^*'- 
tended  Voyage  to  Great  Britain.     [Passed  August  26. 


CHAPTER    127. 

ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury  Legislative 
to  Cap'  Ithamar  Hubbell  for  the  Use  of  Simon  Willard  Thirty  two  coSxxl,® 
Shillings,  for  the  Use  of  Elizabeth  Shelden  Twenty  five  Shillings,  '^jq. 
for  the  Use  of  William  Joy  Forty  Shillings,  for  the  Use  of  Joseph  Mass. 
Taylor  Thirty  three  Shillings,  and  for  the  Use  of  Japhet   Bush  ixxVTs^^',  esi. 
Twenty  four  Shillings;    To  John  Hunt  Esq""  for  the  Use  of  Robert  ff^^J'J?^=  ' 
Learned,  Six  Pounds  nineteen  Shillings  &  eight  pence;  To  Cap*  House' Jour- 
Jabez  Upham  for  the  Use  of  John  Cutler  Forty  five  Shillings;    To  "'^  '^-  -  • 
William  Lawrence  Esq""  for  the  Use  of  Daniel  Taylour  jun''  Four 
Pounds;  To  Cap'  Ebenezer  Sprout  for  the  Use  of  Timothy  Tilson, 
Four  Pounds  eleven  Shillings  &  eleven  pence,  half  penny;  to  Cap' 
Aaron  Kingsley  for  the  Use  of  Benjamin  Amorson  Forty  Shillings 
To  M^  Josiah  Peirce  for  the  Use  of  John  Edgar  Fifty  Shillings;  To 
M'  Thomas  Lancaster  for  the  Use  of  John  Eowe  jun''  William  Bailey 
&  James  Cooper,  Thirty  eight  Shillings;  To  Mr  Isaac  Merrill  for  the 
Use  of  Judith  French  Fifty  six  Shillings  and  nine  pence ;  To  Solo- 
mon Bullard  Forty  two  Shillings,  &  to  Elisha  Kendall  Three  Pounds 
ten  Shillings,  being  in  full  Consideration  of  the  Expences  in  their 
respective  Petitions 'mentioned.     [Passed  August  26. 


582 


Province  Laws  {Resolves,  ete.).  — 1756-57.  [Chaps.  128, 129.] 


CHAPTER    128. 


Legislative 
Records  of  the 
Council,  xxl., 
257.    Mass. 
Archives,  xix., 
420. 

House  Jour- 
nal, pp.  101, 146, 
147.    Province 
Laws,  ii.,  151, 
chap.  10. 


ORDER  IMPOWERING  DAVID   CHILD,  ADM^,  TO  SELL  REAL  ESTATE. 

A  Petition  of  David  Child,  Administrator  of  the  Estate  of  Jason 
Hinds  late  of  Western  in  the  County  of  Worcester  dec^  shewing  that 
the  personal  Estate  is  insufficient  to  pay  the  Debts,  and  the  Real 
Estate  would  be  much  prejudiced  by  selling  a  part  of  it,  Praying 
for  Liberty  to  sell  the  whole. 

Read  and 

Ordered  That  the  Prayer  of  the  Petition  be  granted ;  And  That 
y^  Petitioner  in  his  said  Capacity  of  Administrator  be,  and  he 
hereby  is  impowered  to  make  Sale  of  the  reall  Estate  mentioned 
for  the  most  the  same  will  fetch,  and  to  make  &  Execute  in  due 
form  of  Law  a  Deed  or  Deeds  of  Conveyance  thereof  to  such  per- 
son or  persons  who  shall  purchase  the  same,  Which  Instrument  or 
Instruments  being  duly  Acknowledged  &  recorded  in  the  Registry 
of  Deeds  for  the  County  of  Worcester  shall  make  a  good  Title  in 
the  Law  to  such  purchaser  or  purchasers,  to  his  or  their  Heirs  & 
assigns  for  ever;  the  Pef  Observing  the  Directions  of  the  Law  of 
the  Province  respecting  the  Sale  of  real  Estates  by  Executors  & 
Administrators,  And  giving  sufficient  Caution  to  the  Judge  of  Pro- 
bate for  s*^  County  that  y®  proceeds  of  such  Sale  shall  be  distributed 
among  the  Heirs  according  to  Law.     \^Passed  August  26.'^ 


CHAPTER    129. 


ORDER  ACCEPTING  REPORT   OF  COMMITTEE  ON  PETITION  OF  FRANCOIS 
LE  BLANC  TO  BE   REMOVED   TO  YORK. 


Legislative 
Records  of  the 
Council,  xxl., 
247,  258.     Mass. 
Archives, 
xxiii.,  186. 

Mass. 
Archives, 
xxlii.,  185. 
House  Jour- 
nal, pp.  132, 152. 
Province 
Laws,  ill.,  986, 
Chap.  9;  1057, 
notes. 


A  Petition  of  Francis  Le  Blanc,  late  Inhabitant  of  Nova  Scotia, 
Praying  that  he  &  his  Family  may  be  removed  from  Point  Shirley 
where  he  now  dwells  to  the  Town  of  York  for  his  more  comfortable 
Subsistence  among  some  Friends  &  Relations  of  his  who  dwell  there. 

The  Committee  to  whom  was  referred  the  Petition  of  Francis  Le 
Blanc  having  met  and  considered  the  same,  and  finding  the  Petition 
so  far  true  as  that  they  Can't  get  Labour  at  Point  Shirley,  so  as  to 
have  any  Hopes  of  supporting  them  thro  the  ensuing  Winter,  there- 
fore are  of  Opinion  that  they  be  removed  to  some  other  Place,  where 
they  may  have  better  Prospect  of  getting  Labour  for  their  better 
Support ; 

All  which  is  humbly  submitted  James  Minot  per  Order. 

Read  & 

Ordered  that  this  Report  be  accepted.     \^Passed  August  27. 

»  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  August  27. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  583 


CHAPTEK    130. 

RESOLVE    DIRECTING    THE    COMMISSARY    GENERAL    TO    SEND    TWO      Legislative 

WHALE  BOATS  TO  THE  EASTWARD.  Counctf  xx^*^^ 

257.    Mass. 

Resolved,  That  the  Commissary  General  be  directed  to  provide  Archives,  ixv., 
two  more  Whale  Boats  as  soon  as  may  be  to  be  forwarded  to  Maj'  House  Jour- — 


Freeman  to  be  improved  for  the  use  of  the  Governm'  as  mentioned  nai,  p.  150. 
in  his  Letter  to  his  Hon^  y^  L  Gov'  of  the  6*^   instant.     {Passed  i^ll\  ^g.^"' 
August  27. 


CHAPTER    131.  KaV, 

Council,  xxi., 
VOTE  IN  REGARD  TO  THE  RETURN  OF  THE   COM'^^e  ^T  ALBANY.         Archives?" 

lxxvi.,54. 


Voted,  That  the  Committee  of  War  be  directed  to  inform  Col°  House  Jour- 
Choate  &   the  other   Commiss"  on  the  part  of  this   Province  at  Xife^p.^sas, 
Albany,  that  they  have  leave  to  repair  home  as  soon  as  the  busi-  ^^aix  166; 
ness  of  their  Commission  will  admit  of  it.     \ Passed  August  27.       i69;  p.  398, ' 

■-  ^  chap.  180; 

p.  443,  chap. 

282. 


CHAPTER    132. 

ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury  Legislative 
to  John  Quincy  Esq""  for  the  Use  of  Elisha  Heyden,  Twenty  six  councu,  xx*!!^ 
Shillings;  to  Cap'  John  Whitney  for  the  Use  of^  Ephraim  Hough-  25-- 


ton  Fifty  six  Shillings,  and  for  the  Use  of  William  Houghton  twenty  Mass. 
six  Shillings,  To  M"^  Jonathan  Foster  for  the  Use  of  David  Wood  it x vS,  6-7, 
twelve  Shillings,  To  Joseph  Gerrish  Esq""  for  the  Use  of  Joseph  fe^s^l'o ^40^41' 
Knights,  Seven  Pounds;  To  Cap'  John  Brown  for  the  Use  of  Eliza-  42!  House  ' 
beth  Stone  Fifty  two  Shillings;  To  Timothy  Payne  Esq-"  for  the  Use  Journal, p.  150. 
of  David  Cunningham  Thirty  seven  Shillings  &  four  pence ;  To  David 
Stockbridge  Esq'  for  the  Use  of  Stephen  Hatch  Three  Pounds  six 
Shillings,  and  for  the  Use  of  Luke  Bishop  Three  Pounds;  And  to 
Cap'  Joshua  Hutchins  for  the  Use  of  Edward  Scott  Eight  Pounds 
two  Shillings  k  eight  pence  in  full  Consideration  of  the  Charges  men- 
tioned in  their  respective  Petitions  exhibited.     [Passed  August  27. 


CHAPTER    133. 

ORDER  ON  THE  PET^  OF    TRUEMAN,  POWELL,  AND    OTHERS,  TO    PUR- 
CHASE  INDIAN  LANDS. 

A  Petition  of  Truman  Powell  &  others  Settlers  on  Province  Legislative 
Lands  lying  West  of  Sheffield,  shewing  that  the  Indians  of  Stock-  ^^{j^^clf, $li!!^ 
bridge  claim  the  Native  Eight  to  the  said  Lands,  which  the  Peti-  257. 
tioners  are  willing  to  purchase  of  them;  but  think  the  Allowance  House .Jour- 
of  this  Court  necessary  in  order  to  their  Agreement  with  them,  ui!^^Ante,'^^'^' 
Praying  for  the  Allowance  of  this  Court  accordingly.  p.^576,  chap. 


584 


Province  Laws  {Resolves,  etc.) .  — 1756-57.  [Chaps.  134, 135.] 


Eead  & 

Ordered  that  the  Prayer  of  this  Petition  be  so  far  granted  as  that 
the  Petitioners  have  Liberty  to  make  one  general  Purchase  of  a  Tract 
of  Land  lying  North  &  adjoining  to  a  Tract  of  Land  lately  sold  to 
Cap'  Eobert  Noble  &  to  be  of  the  like  Quantity;  of  the  Indians  who 
own  &  claim  the  same,  and  to  take  one  general  Deed  thereof  accord- 
ingly to  them  their  Heirs  &  Assigns  for  ever,  the  Petitioners  paying 
the  Purchase  Consideration  to  the  Indians;  And  Eldad  Taylor  Esq'' 
is  desired  to  see  Justice  done  in  the  Affair.     [Passed  August  37. 


CHAPTER    134 


Legislative 
Records  of  the 
Council,  xxi., 
258.    Mass. 
Archives, 
Ixxvi.,  52. 

House  Jour- 
nal, p.  151. 


ORDER  ALLOWING  20/  TO   W-^  MAHAN. 

A  Petition  of  William  Mahon  of  Worcester  Praying  for  an 
Allowance  for  his  Trouble  &  Expence  on  a  Soldier  in  the  late 
Crown  Point  Expedition  who  was  dangerously  wounded  by  his 
Bayonets  falling  out  of  the  Sheath. 

Eead  & 

Ordered,  That  there  be  allowed  &  paid  out  of  the  public  Treasury 
to  Tim°  Paine  Esq'  for  y®  use  of  y^  Pet'  y^  sum  of  twenty  Shillings 
in  full  Consideration  for  his  Trouble  expence  &  damage  Sustained 
as  y*  Pet°  mentioned.     [Passed  Angtist  27. 


CHAPTER    135. 


ORDER  ACCEPTING  REPORT  OF   COMMITTEE    ON    DISPOSITION    OF    PAR- 
LIAMENTARY GRANT. 


Legislative 
Records  of  the 
Council,  xxi., 
261.    Mass. 
Archives,  ciii., 
496. 

Mass. 

Archives,  ciii., 
495.    Legisla- 
tive Records  of 
the  Council, 
xxi.,  256. 
House  Jour- 
nal, pp.  142, 146. 
Province 
Laws,  ill.,  894, 
chap.  27. 


Eeport  referring  to  the  Parliamentary  Grant  of  Money,  viz* 
The  Committee  appointed  to  consider  what  may  be  proper  for 
the  Court  to  do  concerning  the  Money  now  at  new  York,  find  that 
Cap*  Cornish  who  had  signed  Bills  of  Lading  for  the  same,  having 
received  Orders  from  the  Lords  of  the  Admiralty  to  proceed  directly 
from  New  York  to  Halifax,  hath  been  thereby  prevented  from  deliv- 
ering the  Money  at  Boston,  agreable  to  the  Tenor  of  the  Bills  of 
Lading,  and  that  he  in  Consequence  of  such  Orders  proceeded  to 
Halifax,  and  left  the  Money  at  New  York. 

And  in  as  much  as  the  Exigencies  of  the  Government  make  it 
necessary  that  the  Money  should  be  forthwith  received  into  the 
Treasury,  the  Committee  are  humbly  of  Opinion  that  Thirty  thou- 
sand Pounds  Sterling  borrowed  of  His  Excellency  Governour  Shirley 
be  paid  at  New  York,  if  his  Excellency  desires  it,  upon  his  cancel- 
ing and  delivering  up  the  Obligation  given  him  by  the  Treasurer, 
for  that  Sum  borrowed  of  him;  And  that  there  be  a  Committee 
appointed  to  cause  the  remaining  Sum  of  Twenty  one  Thousand 
five  hundred  &  fifty  eight  Pounds  five  Shillings  and  eight  pence 
Sterling  to  be  transported  to  Boston  upon  the  best  and  easiest 
Terms;  This  Committee  apprehending  that  it  would  be  best  to 
have  it  conveyed  to  Providence  by  Water  &  from  thence  by  Land 
to  Boston. 

Which  is  humbly  submitted         Andrew  Oliver  per  Order: 


[3d  Sess.]     Province  Laws  [Besolves,  etc.).  — 1756-57.  585 

In  the  House  of  Represent* 

Read  and  Accepted,  and 

Ordered,  That  M""  Speaker  &  M'  Flucker,  with  such  as  the  Hon^ 
Board  shall  join  be  a  Com"'''  for  the  purposes  within  mentioned. 

In  Council  Read  and  Concurr'd  and  Andrew  Oliver  Esq'  is  join'd 
in  the  affair.'     [Passed  August  37.^ 


CHAPTER    136. 

ORDER    ALLOWING    £8    PER    ANNUM    FOR    THREE    YEARS    TO    SIMON 

DAVIS. 

A  Petition  of  Simon  Davis  an  Officer  in  the  late  Expedition  Legislative 
against  Crown  Point  setting  forth  his  Sufferings  by  Wounds  received  councif,  xxl,^ 
in  the  said  Service  and  praying  for  some  suitable  Releief  from  this  '^l^-^^^f^^g^' 

Court.  Ixxvi.,  37. 


Read  &  House  Jour- 

Ordered that  their  be  allowed  and  paied  out  of  the  public  Treasury  ^niF.^v^ml^^' 
to  the  petitioner  for  his  sufferings  as  mentioned  in  his  petition  the  chap.  70. 
sum  of  Eight  pounds  ^  year  from  this  time  For  a  Term  not  exceed- 
ing three  years.     [Passed  August  28.^ 


CHAPTER    137. 

VOTE  TO  REIMBURSE  OFFICERS  AND  SOLDIERS  FOR  MONEY  EXPENDED 
BY  THEM  FOR  SUBSISTENCE  ON  THEIR  RETURN  FROM  CROWN  POINT 
EXPEDITION. 

"Whereas  divers  of  the  Soldiers  on  their  return  from  the  Expe-  Legislative 
dition  designed  against  Crown-Point  the  last  Year,  bore  all  or  a  councif  xxl"^ 
Considerable  part  of  their  expences  from  Albany  to  their  respec-  259.   Mass. 
tive  homes,  which  as  Yet  has  not  been  repaid  them,  by  reason  of  ixxvLyse! 
the  Difficulty  of  Adjusting  y®  Acco*^  of  the  Taverners  &  others  House  Jour- 
where  they  were  entertained,  which  has  Occasioned  much  Com-  ^^\  p-  i^^o 
plaint  among  them ;     Therefore  chap.  82. 

Voted  That  all  such  Soldiers  who  shall  make  Oath,  either  before 
the  Treasurer  of  the  Province,  who  is  hereby  impowered  to  Admin- 
ister the  same,  or  any  of  his  Majesty's  Justices  of  the  Peace  within 
the  Province,  y*  they  bond  fide  paid  the  whole  of  their  Expences 
on  their  said  return,  without  receiving  any  part  thereof  of  any 
Taverner  or  other  person,  on  Acc°  of  the  Governm'  shall  be  intitled 
to  the  whole  of  their  subsistence  money  as  Carried  out  in  the  Muster 
Rolls  of  y®  Companies  to  which  they  respectively  belong:  And 

that  all  such  of  said  Soldiers  who  shall  make  oath  in  manner  as 
aforesaid,  that  they  received  no  more  than  a  Certain  Sum  from  any 
Taverner  or  other  person  on  y*  Gov"  Account,  on  their  said  return, 
shall  be  intitled  to  the  Balance  which  shall  appear  to  be  respectively 
due  to  them  for  their  Subsistence,  as  Carried  out  in  the  said  Muster 
Rolls ;  And  the  Treasurer  is  hereby  directed  to  pay  y^  same  Accord- 
ingly.     [Passed  August  28. 

'Not  found  in  the  House  Journal. 

»  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  August  28. 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  August  27. 


586 


Province  Laws  {Resolves, etc.).  — 1756-57.  [Chaps.  138-141.] 


Legislative 
Kecords  of  the 
Council,  xxl., 
259.    Mass. 
Archives, 
Ixxvi.,  55. 

Legislative 
Records  of  the 
Council,  XX., 
421.    House 
Journal,  p.  155. 
Province 
Laws,  xiv.,  507, 
chap.  252. 
Ante,  p.  293, 
chap.  317. 


CHAPTER    138. 

VOTE  FOR  PAINTING  THE  BARRACKS  AT  CASTLE  WILLIAM. 

Voted,  That  the  Com""^  appointed  for  repairs  on  Castle  William 
be  directed  to  Cause  the  Barracks  lately  built  there  to  be  painted 
on  the  Outside,  in  the  most  frugal  manner  that  may  be.  \^Passed 
August  28. 


CHAPTER    139. 


ORDER  ALLOWING  SUBSISTENCE  MONEY  TO  CAPT.  ITHAMAR  HUBBELL. 


Legislative 
Records  of  the 
Council,  xxl., 
2.iy.    INIass. 
Archives, 
Ixxv.,  680. 

Mass. 
Archives, 
Ixxv.,  680. 
House  Jour- 
nal, pp.  129, 153. 
Ante,  p.  585, 
chap.  137. 


A  Petition  of  Ithamar  Hubbell  an  Officer  in  the  late  Crown 
Point  Expedition,  shewing  that  he  and  his  Company  returned 
homo  without  receiving  any  part  of  their  Subsistence  from  any 
Taverner  or  otherwise,  Praying  that  they  may  be  allowed  their 
subsistence  for  Sixty  days  Travel. 

Read  and 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted,  as 
that  upon  the  Petitioners  making  Oath  to  the  Truth  of  the  Facts 
therein  set  forth,  he  be  Allowed  to  receive  the  Subsistence  money 
mentioned;  And  that  y*^  Treasurer  be  &  hereby  is  directed  to  pay 
the  same  Accordingly.     ^Passed  August  28. 


CHAPTER    140. 


VOTE    DESIRING    THE    CAPT.    GENERAL    TO    ORDER    THE    ENLISTMENT 
OF  THIRTY  MEN  TO  RELEIVE  GARRISON  AT  FORT  HALIFAX,  ETC. 


Legislative 
Records  of  the 
Council,  xxi., 
259.    Mass. 
Archives, 
Ixxvi.,  59. 

House  Jour- 
nal, p. 154. 
Ante,  p.  558, 
chap.  73. 


Voted,  That  his  Excellency  the  Cap'  General  be  desired  to  give 
Orders  to  Cap'  William  Lithgow  for  inlisting  Thirty  Men  to  relieve 
those  that  have  been  posted  at  Fort  Halifax  &  the  Store  house  on 
Kennebeck  for  more  than  a  Year  &  an  half ;  And  that  there  be  paid 
to  each  man,  who  shall  inlist  five  Dollars,  and  that  the  men  shall 
be  discharged  at  the  Expiration  of  twelve  months  from  their  Inlist- 
ing, and  That  the  forty  three  men  now  there  be  discharged  as  soon 
as  others  shall  arrive  to  supply  their  places.     \^Passed  August  28. 


CHAPTER    141. 


Legislative         RESOLVE  FOR  TRANSFERRING  £2,000  FROM    THE    APPROPRIATION    FOR 
CoSncif  xxi  GRANTS  TO  THE  APPROPRIATION   WHERE  THERE  IS  NO  ESTABLISH- 

259.        '    '  ■'  MENT. 


House  Jour, 
nal,  p.  155. 
Province 
Laws,  iii.,  98 
chap.  3. 


Resolved  that  the  Sum  of  Two  Thousand  Pounds  be  transferred 
from  the  Appropriation  for  Grants  to  the  Appropriation  where  there 
is  no  Establishment.     \^Passed  August  28. 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1756-57.  587 


CHAPTER    142. 

ORDER  APPOINTING  A  COLLECTOR  OF  EXCISE    ON    LIQUORS,  ETC.,  FOR 
THE   YEAR   1755,  IN   THE   COUNTY   OF   DUKES   COUNTY. 

Whereas  there  was  an  Act  passed  in  the  38""  Year  of  his  present  ^^&^si?**v| 

HIT    •      ,    1     -n,    •  T.-.in  A,/.  i-  i       I'AT-.  Records  of  the 

Majesty  s  Reign,  Intitled  an  Act  for  granting  unto  his  Majesty  an  council, xxi., 
Excise  npon  Spirits  Distilled  &  Wine,  &  upon  Limes,  Lemons  &  ArchWesTcxx., 

Oranges,  in  which  Act  among  other  things  it  was  enacted  that  one  ^}^ 

or  more  person  or  persons  to  be  nominated  &  appointed  by  the  Gen-  House  Jour- 
eral  Court  for  and  within  the  several  Counties  within  tliis  Province  provmce^' 
to  Contract  &  agree  with  any  person  or  persons  for  or  concerning  chaT/'ie"'* ^*^^' 
the  farming  the  Duties  in  said  Act  mentioned,  but  it  so  happened 
that  y^  persons  Appointed  to  that  service  for  the  County  of  Dukes 
County  failed   of  making  such   Contract  &  thereby  the   Revenue 
to  y®  Governm'^  from  Said  County  especially  from  the  Taverners 
&  retailers  (altho  they  have  kept  their  Acco*^  and  are  ready  to  pay 
their  Excise  according  to  s*^  Law)  is  in  danger  of  being  lost;    There- 
fore 

Ordered  That  M"  Nath^  Little  who  farmed  the  Duties  of  Excise 
on  spirituous  Liquors  &c  for  the  said  County  this  Year  be  &  he 
hereby  is  impowered  and  Appointed  a  Collector  to  Collect  the  Ex- 
cise for  the  year  1755  in  the  s^  County  of  Duke's  County  from  y^ 
s*^  Taverners  &  retailers  agreeable  to  the  afores*^  Act,  he  being  first 
sworn  to  y^  faithfull  Discharge  of  that  Trust,  and  giving  Bond  to 
y*  province  Treasurer  In  the  Sum  of  £-40  to  Account  for  his  said 
Collection  &  y*  he  be  allowed  five  ^  Cent  for  his  said  Collection. 
[Passed  August  28. 


CHAPTER    143. 

VOTE   IN  REGARD    TO    CLOTHING    OF    SOLDIERS    FROM    FORT    WILLIAM 
HENRY   AND   FORT   EDWARD. 

Whereas  there  was  a  Vote  or  Order  passed  this  Court  on  the  Legislative 
24"^  of  Feby  last  y'  each  non  Commission  Officer  or  Soldier  who  couSxxhf 
was  engaged  to  perform  his  Majesty's  Service  at   Fort   William  '^H'^y]'^^^^- 
Henry  &  Fort  Edward  till  the  6"^  day  of  Feb''  then  instant,  and  ixxvi..  m. 
did  not  desert  the  same  shall  be  intitled  to  &  receive  the  sum  of  House  Jour- 
two  pounds  thirteen  shilP  and  four  pence,  in  clothing  in  the  room  ^ntf^^^m^^^' 
of  the  great  Coat  &  Blankett  promised  them  exclusive  of  the  Bed  chap',  aoo. 
Sack,  provided  they  deliver  it  up  at  their  dismission ;    And  Whereas 
there  are  sundry  of  the  Rolls  made  up  in  which  said  non  Commis- 
sion Officers  &  Sold"  are  charged  for  S'^  Clothing,  and  are  stoped 
out  of  y''  Wages : 

Therefore 

Voted,  That  where  it  appears  in  any  of  s*^  Rolls  that  y^  said  Sam 
for  Clothing  is  stopp'd  out  of  their  Pay  or  Wages  of  any  such  per- 
son or  persons  the  Province  Treasurer  is  hereby  ordered  to  pay  the 
same  to  every  such  Non  Commission  Officer  or  Soldier  &  Charge 
the  province  therewith.     \_Passed  August  28. 


588 


Province  Laws  (i?esoZves,  ete.).  — 1756-57.  [Chaps.  144-146.] 


CHAPTER    144. 


RESOLVE   DIRECTING    THE    PROVINCE  TREASURER  IN  REGARD  TO  THE 
PARLIAMENTARY   GRANT. 


Legislative 
Records  of  the 
Council,  xxl., 
263.    Mass. 
Archives,  ciii., 
498. 

House  Jour- 
nal, p.  161. 
Atite,  p.  584, 
chap.  135. 


Whereas  Charles  Apthorp  Esq''  &  Son,  to  whom  the  Parliament- 
ary Grant  is  consign'd,  have  ]3ropos'd  to  take  to  their  own  account, 
the  sum  of  Twenty  one  thousand  five  hundred  &  fifty  eight  pounds 
five  shillings  &  eight  pence  Sterling,  now  lodg'd  at  New  York,  for 
the  account  of  this  Government,  and  in  consideration  thereof,  to 
become  engag'd  to  pay  the  same  in  Boston,  in  lawful  money,  at 
331/ij  p  cent  advance,  as  fast  as  they  can  raise  it ;  and  to  compleat 
the  whole  in  three  months  at  furthest. 

Resolved,  That  the  Treasurer  be  authorized  and  directed,  to  take 
Mess"  Apthorp's  obligation  as  aforesaid;  and  upon  recieving  the 
same,  as  also  upon  recieving  his  own  obligation  given  to  his  Excel- 
lency the  Governour,  for  the  sum  of  Thirty  thousand  pounds  Ster- 
ling borrowed  of  him,  that  the  Treasurer  be  further  authorized  & 
directed  to  give  a  proper  Discharge  for  the  sum  of  Fifty  one  thou- 
sand five  hundred  &  fifty  eight  pounds  5/8  Sterling,  which  was 
brought  to  New  York,  by  Capt°  Cornish,  in  his  majesty's  Ship  Stir- 
ling-Castle, for  account  of  this  Government.     [Passed  August  31. 


Legislative 
Records  of  the 
CouQcil,  xxi., 
263.    Mass. 
Archives, 
xliv.,  305. 

House  Jour- 
nal, p.  161. 
Province 
Laws,  iii.,  567, 
chap.  3. 


CHAPTER    145. 

ORDER  ADJOURNING  THE   COURTS  OF  MIDDLESEX  COUNTY. 

Whereas  the  Court  of  General  Sessions  of  the  Peace  and  Infe- 
riour  Court  of  Common  Pleas  for  the  County  of  Middlesex,  are  by 
Law  appointed  to  be  held  at  Concord  on  the  first  Tuesday  in  Sep- 
tember next,  and  divers  of  the  Justices  of  the  Said  Courts  and 
others  concerned  are  Members  of  this  Court,  which  may  be  Sitting 
till  that  time,  whose  Attendance  at  this  Court  is  necessary 

Ordered  That  the  Said  Court  of  General  Sessions  of  the  Peace 
and  Inferiour  Court  of  Common  Pleas  be  and  hereby  are  adjourned 
to  the  first  Tuesday  in  October  next;  and  the  Justices  of  the  Said 
Courts  and  others  concerned  are  required  to  govern  themselves  ac- 
cordingly; And  That  the  Justices  of  the  said  Inferiour  Court  take 
effectual  Care  that  this  Order  be  jjublish'd  in  Such  manner  as  they 
may  judge  most  Suitable  to  give  Notice  thereof  to  the  Said  County. 
[Passed  August  31. 


CHAPTER    146. 


ORDER  IMPOWERING  JOHN  BACON,  ISRAEL  MEAD  AND  JOSEPH  HEM- 
INGWAY, GUARDIANS,  TO  SELL  REAL  ESTATE  AND  MAKING  PROVI- 
SION IN  REGARD   TO  THE   PROCEEDS. 


Record"of  the  ^  PETITION  of  John  Bacon,  Israel  Mead,  &  Joseph  Hemenway 
Council,  xxi.,  Guardians  of  the  Children  of  Abraham  Belknap,  late  of  Natick 
Archives.^xix.,  dec*^  shewing  that  they  have  been  at  great  Expence  for  the  Main- 
^^ tenance  of  the  said  Children,  that  there  is  no  personal  Estate  to 


[3d.  Sess.]     Province  Laws  (Resolves,  etc.).  — 1756-57.  589 

reimburse  them,  praying  that  they  maybe  impowered  to  sell  the  House  Jour- 
Real  Estate  or  so  much  of  it  as  may  be  found  necessary.  Pro'viuce  ' 

T?por1     Xr  Laws,  ii.,  151, 

Order' d  that  the  Prayer  of  this  Petition  be  so  far  granted,  as  that  Ante,  p.  217, 
the  Petitioners  (in  their  said  Capacity)  be  and  they  are  hereby  im-  ^  ^'^'  ^^  ' 
powered  to  make  Sale  of  so  much  of  the  Real  Estate  belonging  to 
said  minors  as  shall  be  necessary  for  Discharging  the  Debts  already 
incurr'd  for  their  Support  that  may  appear  to  remain  due  upon  Bal- 
lance  of  their  accounts,  when  they  shall  be  rendred  to  &  allow'd  by 
the  Judge  of  Probate  for  the  County  of  middlesex;  and  in  case  such 
Estate  be  uncapable  of  a  Division  without  great  Prejudice  to  the 
whole,  &  being  made  so  to  appear  to  said  Judge,  by  the  Enquiry 
of  three  or  five  sufficient  &  disinterested  Freeholders  *  by  him  to 
be  appointed  for  that  purpose),  The  said  Guardians  (upon  their 
obtaining  a  Certifycate  from  said  Judge  that  it  appears  to  his  sat- 
isfaction that  such  Estate  cannot  (without  great  Prejudice  thereto) 
be  Divided;)  "^  are  hereby  authorized  in  their  said  Capacity,  to  make 
Sale  of  the  whole  of  said  minors  part  of  such  Estate  for  the  most 
that  may  be,  &  to  give  &  execute  a  good  &  sufficient  Deed  or  Deeds 
of  Conveyance  of  the  same :  Previous  Notice  being  given  of  the 
intended  Sale  in  Time  &  manner,  as  the  Law  directs  in  case  of  the 
Sale  of  Lands  by  Executors,  &  administrators;  and  the  said  Guar- 
dians giving  due  Caution  to  said  Judge  that  the  Proceeds  of  such 
sale  so  far  as  needfull  after  the  Creditors  of  s'^  Estate  shall  have 
been  satisfyed  be  duly  applyed  for  the  Support  &  Relief  of  said 
minors  and  that  they  shall  Account  with  the  Judge  of  Probate  for 
said  County  (for  the  Time  being)  touching  the  application  of  such 
Proceeds,  &  the  Disposition  of  the  Remainder  (if  any  be)  among 
the  Interested  agreable  to  Law,  and  the  order  of  this  Court  (of  the 
IS**"  of  Nov"  1754)  on  the  Petition  of  mary  Belknap  (Widow  of  said 
Deceas'd)  is  hereby  superseded  k  made  void,  She  having  Neglected 
to  act  thereon.     \_Passed  August  31. 


CHAPTER    147. 

ORDER  ALLOWING  £2.  13. 4  EACH   TO    SAMUEL    LOWELL    AND    WILLIAM 
MERRITT  WITH  AN  ALLOWANCE  FOR  TRAVELLING. 

A  Petition  of  Samuel  Lowell  of  Newbury  shewing  that  he  was  Legislative 
employed  as  Captain  of  the  Battoes  &  Chief  Gunner  at  Fort  Edward,  couucif,xx£® 

&  for  twelve  Months  past  has  discharged  his  Duty  there  faithfully,  '^^ 

and  received  no  Wages,  praying  that  he,  &  one  William  Merrit  (who  Mass. 
served  with  him  the  last  Winter,  and  has  not  been  paid)  may  receive  ixxvV.Ils-so. 
such  Wages  as  this  Court  shall  judge  proper.  Suyppi^Mei 

Read  and  Whereas  it  appears  to  this  Court  that  the  Pef  was  made  i^'^;'  ^"'^'' 
up  in  Cap*  Morses  Roll  as  a  private  Soldier  from  the  4*  of  April  to  360.  '^  ^^' 
the  IT^  of  December  last,  &  that  the  said  Merrit  was  made  up  in 
Cap'  Stoddard  in  the  same  Manner  from  Sep''  10.  to  Nov""  27.  last, 
past,  and  also  that  the  Pet'  &  the  said  Merrit  stayed  at  Fort  Edward 
last  Winter,  &  untill  the  4""  of  June  last,  the  Petitioner  in  the  Capac- 
ity of  Captain  of  the  Artillery  &  Stores,  &  the  said  Merrit  as  a  Gun- 
ner, &  that  by  Virtue  of  the  Orders  of  this  Court  they  are  intitled 
to  Two  Pounds  thirteen  Shillings  &  four  pence  each  in  Cloathing, 

'  The  parenthesis  should,  it  seems,  begin  here. 
'  Sic,  as  to  parenthesis. 


590 


Province  Laws  (Hesolves,  etc.).  — 1756-57.     [Chap.  148.] 


and  also  that  the  Pef  payed  Two  Pounds  two  Shillings  &  six  pence 
for  the  Security  of  the  Powder,  which  ought  to  be  repaid  him. 

Tlierefore 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury 
to  the  Pef  and  to  the  said  Merit,  the  Sum  of  Two  Pounds  thirteen 
Shillings  &  four  pence  each,  instead  of  the  Allowance  promised  in 
Cloathing  and  to  the  Petitioner  the  Sum  of  Two  Pounds  two  Shil- 
lings &  six  jDence  for  his  Expences  in  securing  the  Powder,  And 
further 

Voted  that  the  Pef  be  allowed  to  make  up  a  Poll  from  the  18"" 
of  December  last  at  £4.5.4  per  Month  for  himself,  &  also  for  the 
said  Merrit  from  the  27*  of  November  last  to  the  4*  of  June  last 
at  Two  Pounds  per  Month,  as  a  Gunner;  Also  that  there  be  allowed 
One  Shilling  &  six  pence  for  every  fifteen  Miles  they  travel'd  home 
each ;  and  that  there  be  allowed  twenty  days  each  for  time  in  travel^ 
home.     [Passed  September  2. 


CHAPTER    148. 


Legislative 
Records  of  the 
Council,  xxi., 
267. 

Mass, 
Archives, 
Ixxv.,  568, 606, 
607,  659, 669,  690, 
691,  692,  694,  695, 
710,  711,  726, 
728;  Ixxvi.,  12, 
21,  22,  23. 
House  Jour- 
nal, pp.  161, 162. 


ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered  that  there  be  allowed  &  paid  out  of  the  public  Treasury 
[to  Edmund  Dix] '  Four  Pounds  eight  Shillings  &  one  penny  to  M"" 
Samuel  Witt  for  the  Use  of  Nathan  Barret;  Three  Pounds  to  Cap' 
James  Barret  for  the  Use  of  Henry  Ewers;  Forty  eight  Shillings 
to  Cap'  Noah  Sprague  for  the  Use  of  George  Eouse ;  Three  Pounds 
seven  Shillings  &  eight  pence  to  M'  Eichard  Bailey  for  the  Use  of 
Jacob  Pears ;  Three  Pounds  fifteen  Shillings  to  Cap'  Ithamar  Hubbell 
for  the  Use  of  Jabez  Hydes;  Five  Pounds  six  Shillings  to  Cap'  Jabez 
Upham  for  the  Use  of  Abraham  Adams;  Forty  seven  Shillings  & 
four  pence  for  the  Use  of  Nathan  Thomas;  Six  Pounds  to  M''  Gideon 
Lyman  for  the  Use  of  John  Birge ;  Sixteen  Shillings  &  four  pence 
for  the  Use  of  Ephraim  Cowen;  Three  Pounds  nineteen  Shillings 
&  four  pence,  to  Cap'  Joshua  Hutchins  for  the  Use  of  Alexander 
Swan,  Twenty  two  Shillings  and  four  pence;  To  William  Kichardson 
Esq''  for  the  Use  of  Jonathan  Powers,  Fifty  four  Shillings  &  two 
pence;  To  M""  Nathan  Sumner  for  the  Use  of  Ebenezer  Turner 
Thirty  five  Shillings  &  eight  pence;  To  John  Noyes  Esq''  for  the 
Use  of  Joseph  Clark  Twenty  Shillings;  To  M""  Ephraim  Sherman 
for  the  Use  of  Samuel  Warren  Forty  Shillings;  To  M"'  Samuel 
Baker  for  the  Use  of  Israel  Greenleaf,  Twenty  six  Shillings  &  six 
pence,  &  for  the  Use  of  Jonas  Whetcomb,  Forty  four  Shillings;  And 
to  Cap'  Henry  King  for  the  Use  of  Jonathan  Carrell  Eight  Pounds 
seventeen  Shillings  &  six  pence,  for  the  Use  of  John  Harwood  Five 
Pounds  eleven  Shillings  &  seven  pence,  &  for  the  Use  of  William 
Sibley  Fifty  four  Shillings  &  nine  pence  being  in  full  Consideration 
for  the  Expences  &c*  exhibited  in  the  several  Petitions  herewith. 
[Passed  September  3. 

'  Inserted  from  the  House  Journal,  p.  161. 


[3d  Sess.]     Pkovince  Laws  (^Resolves,  etc.).  —  1756-57.  591 


CHAPTER    149.  K»the 

Council,  xxi., 
268.    Mass. 
VOTE   PROVIDING   BLANKETS,  ETC.,  FOR  IMPRESSED   MEN    FOR    CROWN  Archives, 
POINT   EXPEDITION.  Lxxvi.,  62. 

Mass. 

Voted  That  the  Com''''^  of  War  be  directed  to  purchase  Blankets,  itxi'v.Ifi. 
&  all  other  things  necessary,  for  the  Six  hundred  Men  now  Impress-  ^lo"^" '^,'?"'':„ 
mg  tor  tiie  Expedition  against  Crown  point,  m  the  same  manner  Proviuce 
as  the  Forces  already  raised  &  sent  by  this  Government,  were  fur-  ^hi^^.'-2;i]'''Arue, 
nished ;  and  that  provision  be  made  in  the  next  Supply  Bill  for  the  Pj„386,  cjwp. 
Charge  thereof.     [Passed  September  4.  chap,  m ' 


CHAPTER    150.  ^^i^!^. 

Council,  xxi., 
ogu     Mass 
VOTE   IN  REGARD   TO   THE   REMOVAL   OF   THE    FAMILY    OF    MAGDALEN  Archives,  ' 

PELLRIN.  xxiii.,211. 

Mass. 

It  being  REPRESENTED  to  this  Court  That  some  of  the  Family  xxm^^lio. 
of  Magdalen  Pellrin  late  Inhabitant  of  Nova  Scotia  are  sick  Which  ^*]"^® 'Yfj"^';(.q 
renders  it  unsafe  at  present  to  remove  them  from  the  Town  of  Bos-  Province"' 
ton  where  they  now  reside:  Therefore  note.^'"'"'^^''^* 

Voted,  That  M""  Sheriff  Pollard  be  directed  not  to  remove  the  Said 
Family  till  the  further  Order  of  this  Court.     [Passed  Sejjtemher  7, 


CHAPTER    151. 

ORDER   ALLOWING   £2.  16.  8   TO   EBENEZER   READING. 

A  Memorial  of  Ebenezer  Eeading  a  Soldier  in  the  late  Expedi-  Legislative 
tion  in  the  particular  Company  of  Cap'  Nathan'   Gilbert  now  dec*"  council,  xxi., 

shewing  that  his  Wages  are  carried  out  in  the  Muster  Roll  much  '^^ 

short  of  what  is  due.   Praying  that  this  Court  would  allow  him  ^^""pp'^iey'^ies 
such  Sum  as  will  answer  said  Deficiency. 

Read  & 

Ordered  that  the  Sum  of  Two  Pounds  sixteen  Shillings  &  eight 
pence  be  allowed  &  paid  out  of  the  public  Treasury  to  Col"  White 
for  the  Use  of  the  Memorialist  in  full  for  Eight  Weeks  &  three  days 
omitted  by  Mistake  in  making  up  the  Muster  Roll  of  the  Company 
to  which  he  belonged.     [Passed  September  7. 


CHAPTER    152. 

ORDER  IMPOWERING  HENRY  BROMFIELD  TO  EXPORT  SHEEP  TO   NEW- 
FOUNDLAND. 

A  Memorial  of  Henry  Bromfield  of  Boston  Merch'  praying  for  Legislative 
Liberty  to  ship  on  board  the  Schooner  whei'eof  Stephen  Brown  is  councif  xxi.^^ 
Master  bound  for  Newfoundland  Forty  Sheep  for  the  particular  Use  270.   Mass.   ' 
of  his  Majesty's  Garrison  at  S'  Johns,  at  said  Island.  261.  ^  ^   '  '   '' 


592 


Province  Laws  {Resolves^  etc.). — 1756-57.  [Chaps.  153,  154.] 


Mass. 

Archives,  Ixv., 
260.    House 
Journal,  p.  171. 
Province 
Laws,  iii.,  901, 
chap.  30;  956, 
note.    Ante, 
p.  270,  chap. 
261. 


Eead  and 

Orderedy  That  the  Prayer  of  this  Memorial  be  granted;  and  y* 
y®  Memor^'  be  allowed  to  put  on  board  the  Said  Schooner  y®  forty 
Sheep  mentioned,  and  that  y*  Comiss"'  of  Impost  be  &  he  hereby  is 
imjDowered  &  directed  to  take  Bond  of  y*^  Memorialist  in  the  Sum 
of  five  hundred  Pounds  sterl^  that  y*  Said  Sheep  shall  be  landed  & 
delivered  at  Newfoundland  &  y*  upon  y*"  Chief  Officer  of  said  Vessell 
his  producing  (at  his  return)  a  Certificate  from  some  chief  officer 
of  his  Majesty's  Customs  there,  that  the  said  Sheep  were  so  landed 
&  delivered,  the  said  Bond  be  cancelled.     \^Passed  September  7. 


Legislative 
Records  of  the 
Council,  xxi., 
272.    Mass. 
Archives, 
Ixxvi.,  63. 

Legislative 
Records  of  the 
Council,  xxi., 
270.    House 
Journal, 
pp.  156,  175. 
Post,  p.  597, 
chap.  166. 


CHAPTEE    153. 

VOTE  IN  REGARD   TO  THE   ESTABLISHMENT    OF    OFFICERS    FOR    THE 

RECRUITS,  &c. 

Voted  That  the  Chief  Officer  under  whose  Command  the  600 
recruits  now  raising  for  y*"  Crown  point  Exped""  shall  be  placed 
by  his  Excell^'  the  Cap'  General,  be  allowed  at  the  rate  of  twelve 
pounds  sixteen  ShilP  ^  month  for  the  time  he  shall  be  employed 
in  going  up  to  y*"  Army  near  Lake  George  allowing  Also  a  reason- 
able time  for  his  return  home;  Also  That  there  be  allowed  Two 
pounds  eight  shillings  ^  month  each  to  six  Ensigns  to  be  appointed 
by  his  Excellency  to  take  care  of  the  said  Men,  untill  they  shall  be 
dismissed  from  y^  Service.     \^Passed  September  8. 


CHAPTER    154. 


ORDER  IMPOWERING  RICHARD  UPHAM  TO  EXPORT  CATTLE  AND   SHEEP 

TO   HALIFAX. 


Legislative 
Records  of  the 
Council,  xxi., 
272.    Mass. 
Archives,  Ixv., 
262. 

House  Jour- 
nal, p.  175. 
Province 
Laws,  iii.,  901, 
chap.  30;  956, 
note.    Ante, 
p.  270,  chap. 
261. 


A  Petition  of  Eichard  Upham,  praying  for  Liberty  to  export 
in  the  Schooner  Merrimack  now  loading  for  Halifax  Twelve  head 
of  Neat  Cattle  &  Fifty  Sheep,  the  Petitioner  giving  Bond  at  the 
Impost  Office  as  usual. 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  granted ;  And  That 
the  Pef  be  allowed  to  Ship  on  board  the  Schooner  Merrimack  Enoch 
Howard  Master,  the  twelve  head  of  horned  Cattle  &  Fifty  Sheep  Men- 
tioned in  y^  Pet''  And  that  the  Commissioner  of  Impost  be  and  he 
hereby  is  impowered  &  directed  to  take  Bond  of  the  Petif  in  the 
sum  of  five  hundred  Pounds  sterling,  that  the  said  Cattle  &  Sheep 
shall  be  landed  &  delivered  at  the  Port  of  Halifax,  And  that  upon 
the  Chief  officer  of  said  Vessell  at  his  return  his  producing  a  Cer- 
tificate from  some  Chief  Officer  of  his  Majesty's  Customs  there  that 
the  said  Cattle  &  Sheep  were  landed  &  delivered  at  y*"  S**  Port  of 
Halifax,  the  said  Bond  be  Cancelled.     ^Passed  September  8. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  —  1756-57.  593 

CHAPTER    155. 

VOTE  IN  REGARD  TO  THE  REMOVAL  OF  JAMES  MORRIS  &  FAMILY. 

In  the  House  of   Eep"'^^  Legislative 

The  House  being  informd  that  James  Morris  a  late  Inhabitant  council^, Sf 
of  Nova  Scotia  who  by  Order  of  the  Government  there  was  sent  ^r^hives^*' 
to  Georgia,  but  was  permitted  to  depart  that  place,  and  is  now  at  xxiii-.-zil. 
Charlestown  with  his  Wife  Children  and  Grand  Children  eighteen  House  Jour-^ 
in  the  whole,  whose  residence  there  the  House  apprehend  to  be  ^lte}\^}m^'''^' 
dangerous  to  the  Safety  of  the  Province.  Therefore  c^iap.  124. 

Voted  that  the  said  Morris  be  Ordered  to  reside  with  his  said 
Family  in  Leicester  and  Spencer  until  the  further  order  of  this 
Court 

Voted  also  that  the  Bond  He  has  given  the  Treasurer  be  delivered 
up  to  him  And  the  Sheriff  of  the  County  of  Middlesex  is  Ordered 
to  transport  them  accordingly. 
In  Council 

Read  and  Concurr'd.      \^Passed  Septemher  9. 


CHAPTER    156. 

VOTE  DESIRING  THE  CAPT.   GENERAL  TO  ORDER  THE  ENLISTMENT  OF 
THIRTEEN   MEN   FOR   GARRISON  AT   FORT   HALIFAX,  ETC. 

Voted,  That  his  Excellency  the  Cap'  General  be  desired  to  give  Legislative 
Orders  to  Cap'  William  Lithgow  for  inlisting  thirteen  Men  in  addi-  counc'lf  xxi!^^ 
tion  to  the  thirty  Men  voted  to  be  raised,  on  the  28""  Aug'  last,  for  2'4.  Mass. 

"  -T-i  •  A.roliivcs 

the  relief  of  forty  three  men  that  have  been  posted  at  Fort  Halifax  ixxvi.,  65. 
&  the  Store  house  on  Kennebeck  River  for  more  than  a  year  &  half-  House  Jour. 
past,  And  that  the  said  forty  three  men  be  discharged  as  soon  as  ^nte'^^llh^"'^' 
others  shall  arrive  to  supply  their  place :  That  the  said  thirteen  Men  chap!  140. 
be  raised  by  inlistment  on  the  same  terms  of  the  thirty  above  men- 
tioned.    ^Passed  September  9. 


CHAPTER    157. 

VOTE  FOR  REPAIRING  Y=  WORKS  ON  GOVERNOUR'S  ISLAND  AND  PRO-  Legislative 

VIDo  SHOT,  &c'^,  FOR   CASTLE    WILLIAM.  Records  of  the 

Council,  xxi., 
275.    Mass. 

Voted  that  the  Comm'*  app'^*^  to  take  care  of  the  repairs  at  Castle  i^-^yl''%\ 
William  be  directed  to  repair  the  fortifications  on  Governour's  Island  ^^^^^^Ji^ — 
by  and  with  the  Consent  of  the  Cap'  General  as  shall  be  Judged  nai,  pp.  177,178. 
neceessary;  also  to  provide  a  Number  of  Shott  for  the  Cannon  as  (fh^p!  oif^! 
represented  wanting  by  the  Gunners  at  Castle  William,  and  a  proper  ^^^'  ^^^p-  ^^^• 
quantity  of  Junk  to  be  made  into  Wadds.     [Passed  September  10. 


594 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  158-161.] 


Legislative 
Records  of  the 
Council,  xxi., 
275.    Mass. 
Archives, 
xxili.,  216. 

House  Jour- 
nal, p.  177. 
Province 
Laws,  iii.,  1058, 
note.    Ante, 
p.  582,  chap. 
129. 


CHAPTER    158. 

VOTE  FOR  THE  REMOVAL  OF  FRANCOIS  LE-BLANC  AND  FAMILY  FROM 
POINT   SHIRLEY  TO  NEEDHAM. 

Voted  that  Francois  Leblanc  with  His  Family  be  removed  from 
Point  Shirley  to  Needham  (the  Vote  of  the  21"  Ult  notwithstand- 
ing) And  that  the  Sheriff  of  the  County  of  Suffolk  be  directed  to 
remove  them  accordingly.     \^Passed  September  10. 


Legislative 
Records  of  the 
Council,  xxi., 
275.    Mass. 
Archives, 
xxiii.,  217. 

House  Jour- 
nal, p.  179. 
Province 
Laws,  iii.,  1058, 
note.    Ante, 
p.  529,  chap.  2. 


CHAPTER    159. 

VOTE   FOR   THE   REMOVAL  OF  FRENCH  INHABts  FROM    GLOCESTER    TO 
WENHAM  AND  METHUEN. 

Voted  that  thirteen  of  the  French  Inhabitants  now  residing  at 
Glocester  be  removed  to  Wenham,  and  that  the  other  eleven  now 
at  said  Town  of  Glocester  be  removed  to  Methuen  And  that  the 
Town  of  Glocester  be  at  the  Charge  of  their  removal.  \^Passed 
September  10. 


Legislative 
Records  of  the 
Council,  xxi., 
275.    Mass. 
Archives, 
xxiii.,  215. 

House  Jour- 
nal, p.  178. 
Province 
Laws,  ill.,  1058, 
note. 


CHAPTER    160. 

VOTE  ALLOWING  MARGARET  DOWSETT  TO  LIVE  IN  NEWBURY. 

A  Petition  of  Margaret  Dowcet  one  of  the  French  Inhab"  of 
Nova  Scotia,  shewing  that  she  is  now  dangerously  sick  in  Boston, 
Prays  that  if  she  should  recover  she  might  be  allowed  to  live  at 
Newbury  with  her  Brother  Dowcet,  the  only  Friend  or  Relation 
she  has  in  this  Country. 

Eead  &  thereupon, 

Voted,  that  the  Prayer  of  this  Petition  be  granted.  \^Passed 
September  10. 


CHAPTER    161. 


VOTE  APPOINTING  A  COMMITTEE  TO  PROJECT  A  METHOD  FOR  SECUR- 
ING  THE   SEA  COAST. 


Legislative 
Records  of  the 
Council,  xxi., 
275.    Mass. 
Archives,  Ixv., 
265. 

House  Jour- 
nal, p.  178. 
Ante,  p.  .574, 
chap.  110. 


In  the  House  of  Rep"'^^ 

Voted  that  M^  Speaker  M^  Welles  M'  Flucker  M^  Tasker  and  M"^ 
Gridley  with  such  as  the  Hon^'*  Board  shall  Joyn  be  a  Comm*'* 
in  the  recess  of  the  Court  to  project  some  proper  Method  for  the 
Security  of  the  Sea  Coast  in  this  time  of  Danger  and  report  thereon 
at  the  next  Sitting  of  this  Court. 

In  Council  Read  &  Concurd  &  Jacob  Wendell,  EzeF  Cheever 
And'""  Oliver  &  John  Erwing  '  Esq'"'  are  joined  in  the  Affair.  {^Passed 
September  10. 

*  Sic,  it  seems,  for  John  Erring.     See  ante,  p.  525. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  595 


CHAPTER    162. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE   ON  PETITION   OF    SAMUEL 
STEVENS  IN  REGARD  TO  LAND  BANK  AND  MANUFACTURING  SCHEME. 

A  Petition  of  Samuel  Stevens  of  Roxbury  a  Partner  in  the  late  Legislative 
Land  Bank  Company  complaining  of  the  Dilatory  Proceedings  of  councif  xx*h ^ 
the  Commissioners  appointed  by  this  Court  to  settle  the  Affairs  of  ^3o,  276. 
said  Company  by  which  Means  he  has  been  hindered  of  the  Benefit  Legislative 
of  an  Order  pass'd  by  the  General  Court  in  his  Favour  near  six  Year  councif, xxi.,^ 
ago,  &  without  speedy  Releif  is  likely  to  be  ruined  in  his  Estate,  jouri^°  m^  89 
Praying  that  this  Court  would  ^ive  effectual  Order  to  redress  his  93, 132, 1'ee,  ie"! 

n    ■  Province 

(rrievances,     _  _  _  Laws,  xiv.,  453, 

The  Committee  appointed  to  take  under  Consideration  the  Peti-  ^'^^p-  ^^^• 
tion  of  Samuel  Stevens  together  with  the  Answer  of  the  Commis- 
sioners for  finishing  the  Land  bank  or  Manufactory  Scheme,  make 
this  Report, 

It  appears  to  the  Committee  that  an  Action  was  brought  against 
the  Pet""  soon  after  the  Arrival  of  the  Act  of  Parliament  for  putting 
an  End  to  said  Scheme,  for  the  Redemption  of  £300  Manufactory 
Bills,  pursuant  to  the  Direction  of  the  Act,  that  at  the  Time  of 
bringing  this  Action  the  Pef  had  not  paid  in  his  Proportion  of  the 
Bills  as  a  Partner  nor  any  part  thereof,  that  pending  the  Suit  the 
Pef  paid  to  certain  Persons  in  Order  to  his  sinking  his  Proportion 
of  the  Companies  Bills  the  Sum  of  £300  in  said  Bills  with  some 
Addition  for  Charges  «&  Loss  that  had  accrued  to  the  Company  and 
thereupon  the  Plantiff  in  the  aforesaid  Action  discontinued,  or  the 
Affair  was  otherwise  settled,  so  as  that  Judgment  was  not  entered 
up  against  the  Pef  upon  said  Process,  nor  did  he  pay  the  sum 
demanded. 

That  afterwards  the  same  Plantiff  brot  his  Action  ag^^  Timothy 
the  Son  of  the  Pef"  for  the  Redemption  of  £300  in  the  same  Bills 
&  Judgm'  was  given  for  £358.19/  Lawful  Money,  &  £8.3.2  Bills  of 
the  new  Tenor  Costs,  &  in  Order  to  enable  said  Timothy  the  Son 
to  satisfy  the  Judgment  Samuel  the  Father  mortgaged  his  Estate. 

That  afterwards  said  Samuel  made  repeated  Applications  to  the 
General  Court  for  Releif,  &  in  October  1750  it  was  ordered  that  the 
Commissioners  should  forthwith  reimburse  to  said  Samuel  the  Value 
of  Three  hundred  Pounds  Manufactory  Bills  lodged  by  Nathaniel 
Martin  in  the  Clerks  Office  of  the  County  of  Suffolk,  &  received 
by  said  Commiss"  &  burnt. 

The  Committee  are  of  Opinion  that  altho  the  Pef  in  his  former 
Application  to  the  Court  represented  both  Actions  as  brot  against 
him  self,  when  in  fact  the  second  was  against  his  Son,  yet  in  as 
much  as  the  Pef  was  really,  the  Sufferer  that  therefore  he  should 
be  considered  as  the  Person  to  be  releived  to  the  exclusion  of  any 
Demand  that  might  have  been  brought  on  Account  of  said  Action 
by  the  Petitioners  Son,  And  that  the  Pef  be  allowed  out  of  the 
Estate  of  the  Company  Three  hundred  &  sixty  six  Pounds  eight 
Shillings  &  four  pence  Lawful  Money  the  Amount  of  the  Judg- 
ment against  his  Son  &  the  Costs  in  that  Action;  but  that  no 
Allowance  be  made  for  the  Costs  in  any  former  Action;  that  he 
be  likewise  allowed  Interest  on  the  said  Sum  from  5""  March  1743, 
untill  Payment  amounting  to  £591.0.10.  The  Committee  are  of 
Opinion  that  the  other  Charges  in  the  Schedule  to  the  Petition 
annexed,  be  not  allowed. 


596 


Province  IjAW^  {Resolves,  etc.).  — 1756-57.  [Chaps.  163, 164.] 


The  Committee  find  that  on  the  5*''  October  1752,  the  Pef  received 
£15  from  the  Commissioners,  and  on  the  17^''  January  1753,  £84.0.8 
&  on  the  January  175G,  the  Commissioners  gave  him  an  Order 

to  discount  with  the  Sheriff  of  the  County  of  Suffolk  £459,  the 
Purchase  Consideration  for  the  Estate  of  Solomon  Hewes  one  of 
the  Delinquent  Partners  of  the  Land  Bank  Scheme;  And  altho 
upon  an  Action  of  Trespass  on  said  Estate  brought  by  the  Pef 
he  failed  of  Eecovering,  yet  as  no  Action  of  Ejectment  has  been 
brought;  and  as  the  Sheriff  has  given  a  Warranty  of  said  Estate 
to  the  Pef  &  in  Case  the  Pef  should  finally  fail  of  his  Title,  he 
has  his  Eemedy;  The  Committee  are  therefore  of  Opinion  that  he 
ought  to  stand  charged  with  that  Sum. 

The  several  Sums  aforesaid  amount  to  £558.0.8,  so  that  a  further 
Sum  of  £33.0.2  remained  due  to  the  Pef  to  satisfy  the  Value  of 
£300  Land  Bank  Bills  as  aforesaid;  but  inasmuch  as  the  Pef  was 
bound  with  one  George  Hews,  Eobert  Hewes  &  Joseph  Calef  for 
the  Payment  of  said  George  Hews's  Dues  to  the  Company,  &  the 
said  George  Hews  is  since  dead  and  reputed  Insolvent,  the  Com- 
mittee are  therefore  of  Opinion  that  the  aforesaid  Sum  of  £33.0.2 
ought  not  to  be  paid  unto  the  Pef^  untill  the  aforesaid  Bond  is 
satisfied. 

The  Petitioner  did  not  support  his  Suggestion  against  the  Com- 
missioners as  guilty  of  Male  Conduct,  and  therefore  we  conceive 
it  ought  to  be  deemed  groundless;  All  which  is  humbly  sub- 

mitted, By  Order  of  the  Com'*'         Ezekiel  Chever. 

Kead  & 

Ordered  that  this  Eeport  be  Accepted.     [^Passed  September  10. 


Legislative 
Records  of  the 
Council,  xxi., 
277.    Mass. 
Archives, 
xxiii.,  222. 

Mass. 
Archives, 
xxiii.,  221. 
House  Jour- 
nal, p.  177. 
Province 
Laws,  iii.,  1058, 
note. 


CHAPTEK    163. 


VOTE  FOR  THE  REMOVAL  OF 


A  FRENCH  FAMILY  FROM  LITTLETON  TO 
HARVARD. 


Voted  that  the  French  Family  sent  this  Week  to  Littleton  be 
removed  from  thence  to  Harvard.     \^Passed  Septeviber  10. 


CHAPTER    164. 


Legislative 
Records  of  the 
Council,  xxi., 
278.     Mass. 
Archives, 
Ixxvi.,  66. 

House  Jour- 
nal, p.  180. 
Province 
Laws,  iii.,  1022, 
chap.  22.   Ante, 
p.  443,  chap. 
282. 


VOTE  DIRECTING  THE   COMMITTEE   OF  WAR  TO  PURCHASE  AND   SEND 
CLOTHING    TO  THE   ARMY   AT   CROWN   POINT. 

Voted  That  the  Com'''''  of  War  be  directed  to  purchase  and  send 
to  the  Army  gone  on  the  Expedition  against  Crown  point,  such 
Cloathing  as  they  shall  find  the  Soldiers  stand  in  need  of;  &  that 
provision  be  made  in  the  next  Supply  Bill  for  the  Charge  thereof. 
\^Passed  Septemher  11. 


[3d  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1756-57.  597 


CHAPTER    165. 

ORDER  IMPOWERING   JOSEPH    GREEN,  AND    NICHOLAS    BOYLSTONE,  TO 
ENTER  A  COMPLAINT. 

A  Petition  of  Joseph  Green  &  Nicholas  Boylstone  of  Boston  Legislative 
March"  shewing  that  at  the  Inferiour  Court  of  Common  Pleas  held  ^uncu^xli!!^ 
at  Boston  in  April  last  past,  they  brought  their  Action  against  John  '^y.   Mass. 
Osborne  Taverner,  &  recovered  Judgment  against  him,  from  which  xiiv.,  307.' 
he  appealed  to  the  Superiour  Court  held  in  August  last  which  was  Mass. 
contrary  to  his  Engagement,  and  much  to  the  surprize  of  the  Peti-  xh^^'soI' 
tioners,  who  being  ignorant  of  this  Appeal,  (which  the  said  Osborne  Legislative 
failed  of  prosecuting)  lost  their  Opportunity  of  filing  their  Com-  councif,  xxi.,^ 
plaint  for  obtaining  a  Confirmation  of  the  Judgment  of  the  Infe-  jo^j.n^i'"®® 
riour  Court,  Praying  that  they  may  be  allowed  to  do  it  at  the  next  pp.  i69,  iio,  iso. 
superiour  Court  for  the  County  of  Suffolk,  La\v8°m.,  64, 

Eead  and  it  appearing  that  the  adverse  Party  has  been  Serv'd  chap.  32. 
with  a  Copy  of  this  Petition,  and  no  answer  being  given  in, 

Ordered  That  the  Prayer  of  the  Petition  be  80  far  granted  as 
that  the  Petitioners  be  and  hereby  are  allow'd  to  file  their  Com- 
plaint withinmentioned,  at  the  next  Sup""  Court  of  Judicature  &c 
to  be  held  and  kept  at  Boston  within  and  for  the  County  of  Suffolk 
on  the  third  Tuesday  of  February  next;  and  the  Justices  of  Said 
Court  are  impowered  to  recieve  the  Same  and  enter  up  Judgment 
thereon  and  award  Execution  accordingly.     {^Passed  September  11. 


CHAPTER    166. 

VOTE  DESIRING  THE   CAPT.   GENERAL  TO  GIVE    ORDERS    FOR    HAVING 
1,000  MEN  IN   READINESS  FOR  ASSISTANCE   OF  THE  ARMY,  ETC. 

Voted :     that  his  Excellency  y®  Captain  Generall  be  desired  to  Legislative 
lodge  Orders  w"^  Coll'  Israel  Williams  of  Hatfield.  &  Coll'  John  ^Sff.xiif 
Worthington  of  Springfield  for  draughting  three  Hundred  &  fifty  2-8.  Mass. 
Men.  out  of  each  of  their  Regiments.  &  with  Coll'  John  Chandler  ixxvi.,68.' 
of  Worcester,  &  y®  chief  Officer  of  y^  Regiment  under  y"  Command  Legislative 
of  Coll'  Timothy  Ruggles  of  Hardwick  for  draughting.   One  hun-  coundf  xx*k® 
dred  &  fifty  Men  out  of  each  of  their  Regiments:  to  be  held  in  249, 2.11, 2fii', 265, 
Readyness  to  March  upon  any  extraordinary  Emergency  for  y*"  Re-  House  Jour- 
lief  &  Assistance,  of  y^  Provincial  Troops  under  y''  more  immediate  nai,  pp.  171, 172. 
Command  of  Major  Generall  Winslow  &  not  to  be  held  after  the 
Enemy  is  Withdrawn,      and  that  his  ExcelP^  be  desird  to  give 
directions  to  y®  Collonels  afores*^  to  cause  y*  s*^  Men  to  March.  '  so 
soon  as  they  shall  receive  certain  Intelligence,  from  y*  Right  Hon'''^ 
y^  Earl  of  Louden  or  from  Major  Generall  Winslow  of  any  Motions 
of  y*  Enemy  to  Attack  y*"  Provincial  forces.'  &  that  his  ExcelP^  the 
Governour  be  desird  to  comission  proper  Officers  to  command  s* 
Men  who  shall  receive  y®  same  Pay  &  subsistance  as  others  in  y* 
service,  to  comence  at  y"  time  of  their  Marching 

Voted,  also:  that  there  be  Allowd  three  Dollars  to  each  Man 
that  shall  be  draughted  out  on  this  Occasion  who  shall  provide  him- 
self w"*  a  good  Musket  to  carry  with  him.  &  shall  actually  proceed 

^  The  inclosed  words  are  underlined  and  braced  in  the  original. 


598 


Province  Laws  {Besolves,  etc.).  — 1756-57.  [Chaps.  167, 168.] 


in  s^  Service:  said  Money  to  be  paid  at  the  time  when  they  shall 
receive  their  Wages,  and  to  be  added  in  y*  Muster  Rolls  accord- 
ingly and  that  his  Excellency  y""  Governour  be  desird  to  give 
Orders,  to  some  suitable  Persons  to  cause  to  be  Impress'd  in  the 
County  of  Hampshire  such  a  Number  of  Ox  Teams  for  the  Use 
of  the  Army,  as  shall  be  found  Necessary,     [Passed  September  11. 


CHAPTER    167. 


Legislative 
Records  of  the 
Council,  xxi., 
279.    Mass. 
Archives,  Ixv., 
263. 

Legislative 
Records  of  the 
Council,  xxl., 
159.    House 
Journal,  p.  163. 
Ante,  p.  552, 
chap.  57. 


VOTE  DESIRING  THE  CAPT.   GENERAL  TO  GIVE  ORDERS  FOR  A   SCOUT 
TO  EXPLORE  THE   WAY  TO  THE   CHAUDIERE   RIVER. 

Voted,  That  his  Excellency  the  Govern"'  be  desired  to  give  orders, 
to  some  suitable  number  of  men,  not  exceeding  fifteen  in  the  whole, 
to  be  in  one  Company  or  more  as  Shall  be  Judged  best,  to  discover 
by  actual  observation  on  the  spot,  the  distance  &  quality  of  the  way 
from  the  head  of  Kenebeck  Eiver,  the  nearest  practicable  way  to 
the  head  of  Chaudier  &  by  or  near  Chaudier,  down  to  the  Eiver 
S'  Lawrence,  &  make  report  to  this  Court  with  an  exact  Journal 
on  oath  of  their  proceedings,  containing  an  acco'  of  each  days 
doings,  with  every  observable  occurrent  tending  to  give  a  good 
knowledge  of  that  way  to  Canada,  to  be  laid  before  this  Court 
by  the  25*  day  of  November  next,  to  be  paid  Each  man  at  the 
Rate  of  six  Dollars  per  week,  they  providing  wholly  for  them- 
selves; they  going  down  on  or  near  Chaudier  to  the  mouth  of 
that  River,  unless  prevented  by  some  unavoidable  obstruction  "one 
weeks  pay  to  be  advanced  by  the  Province  Treasurer  to  them,  at 
their  setting  out."  and 

As  a  further  Encouragement,  they  Shall  be  entituled  to  the  full 
preemium  for  Prisoners  &  scalps.^     [Passed  September  11. 


CHAPTER    168. 


VOTE  ON  THE  MEMORIAL  OF  THOMAS  HUTCHINSON  IN  REGARD  TO   A 

FRENCH  FAMILY. 


Legislative 
Records  of  the 
Council,  xxi., 
267.    Mass. 
Archives, 
xxiii.,  209. 

Mass. 
Archives, 
xxiii.,  206-208. 
Legislative 
Records  of  the 
Council,  xxl., 
279. 


A  Memorial  of  Thomas  Hutchinson  Esq"^  Praying  that  a  French 
Family  of  the  late  Inhabitants  of  Nova  Scotia  (particularly  named) 
now  in  Boston  may  be  allowed  to  continue  there,  or  be  removed  to 
Cambridge  the  Memorialist  being  willing,  (if  required)  to  give  Bond 
for  their  good  Behaviour : 

Voted  that  the  Prayer  of  the  Pet°  be  so  far  granted  as  that  the 
four  Children  and  Grand  Child,  mentioned  bo  not  Sent  from  Boston 
to  any  remote  place  but  be  continued  under  the  Pef'  care ;  He  engag- 
ing for  their  good  behaviour,  and  keeping  them  within  one  Mile  of 
his  Dwelling  House  in  Milton.     [Passed  September  11. 

^  The  words  "one  weeks  pay  ...  at  their  setting  out"  are  not  found  in  Legislative 
Records  of  the  Council,  xxi.,  279. 

'^  Final  action  on  this  chapter  not  found  in  the  House  Journal. 


[3d  Sess.]     Province  Laws  {Resolves^  etc.),  — 1756-57.  599 


CHAPTER    169. 

VOTE  REFERRING  ALL  UNFINISHED  MATTERS.  Legislative 

Records  of  the 
Council,  xxi., 

Voted  that  all  Matters  before  the  Court  &  not  passed  upon  have  "'^J^ 

the  same  Day  at  the  next  Sitting  of  this  Court/     \ Passed  Septem-  House  Jour- 
her  11.  '^"••P-^'°- 


CHAPTER    170. 

ORDER  ANNEXING  THE  INHABITANTS  OF  THE  DISTRICT  OF    CARLISLE 
WITH  THEIR  ESTATES  TO  THE  TOWN  OF  CONCORD. 

A  Petition  of  a  Committee  of  the  Inhabitants  of  the  District  R®^*^|?"^f.j^ 
of  Carlisle,   setting  forth  the  Difficulty's  attending  their  public  councu,  xxi., 

Affairs,  which  seem  to  render  it  impossible  that  they  should  be  ''^^^'  ''^^' 

able  to  continue   together,   without   the  utmost   Confusion;    that  ^an^p^^oi^igs 
they  have  applied  to  the  Town  of  Concord  to  receive  back  such  Province 
of  the   Inhabitants   of   Carlisle,  as  did  belong  to   that   Town,  to  chap^se-'V.!^' 
which  Motion  the  said  Town  voted  to  make  no  Opposition,  and  i354,note. 
therefore  praying  that  this  Court  would  grant  Releif  to  the  said 
Inhabitants  in  such  Manner  as  they  shall  judge  most  proper. 

read  &  it  appearing  that  the  Pef^  had  served  the  Town  of  Con- 
cord with  a  Copy  of  the  Petition,  who  have  made  no  Answer  to 
the  same. 

Therefore 

Ordered  that  the  Prayer  of  the  Petition  be  granted,  &  that  the 
Inhabitants  together  with  their  Estates  be  annexed  to  the  Town 
of  Concord  agreable  to  their  Petition,  there  to  do  Duty  &  enjoy 
Priviledge  accordingly.     [^Passed  October  6. 


CHAPTER    171. 

ORDER  IMPOWERING    THO^   BOYLSTONE    TO    EXPORT    PROVISIONS    TO 
JAMAICA  OR  THE   BAY  OF  HONDURAS. 

A  Petition  of  Thomas  Boylstone  of  Boston  Merch*  shewing  that  Legislative 
he  is  fitting  out  the  Ship  Honduras  Daniel  M'^Carty  Master  on  a  council^  xxi.,^ 
Voyage  for  Jamaica  and  the  Bay  of   Honduras,  praying  that   he  Archi^es^^ixv. 
may  be  allowed  to  ship  on  board  her  a  Quantity  of  Provisions  for  267. 
the  last  mentioned  Place.  Mass. 

TJoorl   onrl  Arcliives, Ixv., 

Keacl  and  266.    House 

Ordered  that  the  prayer  of  the  Pet°  be  so  far  Granted  as  that  the  Journal,  p.  iss. 
Pet^  be  allowed  to  ship  the  Provisions  within  Mentioned  aboard  s'^  Lavv8,iii.,9oi, 
Ship  he  Giving  Bond  to  the  Comm""  of  Impost  of  One  Thousand  notl.'  ^Antf,' 
pounds  sterling  to  land  the  s''  Provisions  in  the  Island  of  Jamacia  p-  ^'o,  cimp. 
or  the  Bay  of  Hondoras  And  upon  Return  of  the  s''  Ship  the  Chief 
Officer  making  Oath  that  the  said  Provisions  were  bona  fide  landed 
as  aboves**  then  the  said  Bonds  to  be  Cancelled.    [Passed  October  6. 

*  Adjourned  to  October  5.     See  Legislative  Records  of  the  Council,  xxi.,  280. 


600 


Province  Laws  {Resolves,  etc.).  —  1756-57.  [Chaps.  172, 173.] 


Legislative 
Records  of  the 
Council,  xxl., 

284.    Mass. 
Archives,  cix., 
358. 

Mass. 

Archives,  cix., 
356.     Legisla- 
tive Records  of 
the  Council, 
xxi.,  283. 
House  Jour- 
nal, p.  184. 
Ante,  p.  443, 
chap.  282; 
p.  513,  chap. 
459;  p.  .W, 
chap.  166. 


CHAPTER    172. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  IN  REGARD  TO  SOLDIERS  TO 
BE   SENT   OUT   OF   THE   WESTERN   PARTS   AGAINST   CROWN   POINT. 

The  Committee  appointed  to  consider  His  Honour  the  Lieu'  Gov- 
ernours  Message  accompanied  by  a  Letter  from  his  Excellency  the 
Eight  hon'''''  the  Earl  of  Loudoun  &  other  Papers  relative  to  the 
present  Expedition  are  humbly  of  Opinion, 

That  His  Honour  give  the  necessary  Orders  for  marching  forth- 
with under  proper  Officers  the  Thousand  Men  which  were  ordered 
to  be  held  in  readiness  in  the  Counties  of  Hampshire  &  Worcester 
for  the  Releif  &  Assistance  of  the  Forces  destined  against  Crown 
Point ;  And  that  there  be  allowed  a  Blanket  to  each  of  said  Men, 
to  be  furnished  in  Manner  following,  viz'  That  every  Man  who  shall 
carry  a  good  Blanket  with  him  to  the  acceptance  of  his  Captain  be 
allowed  Ten  shillings  &  eight  pence,  to  be  paid  when  he  receives  his 
Wages,  &  to  be  made  up  in  the  Muster  Roll  accordingly;  And  in 
Order  to  supply  any  Deficiency  the  Committee  are  of  Opinion  that 
Col°  Chandler  be  allowed  to  deliver  the  Province  Blankets  now  in 
his  Possession  and  not  otherwise  demanded  to  some  one  or  more  of 
the  Captains,  who  are  to  lead  said  Men,  taking  his  or  their  Receipts 
for  the  same,  And  that  the  Committee  of  War  be  directed  to  give 
Orders  to  M""  Commissary  Emerson  to  supply  any  further  Deficiency 
at  Albany  when  the  Men  shall  arrive  there,  taking  the  Captains 
Receipt  for  the  same  as  aforesaid,  and  that  the  Captains  in  making 
up  their  Muster  Rolls  distinguish  the  Men  thus  supplied  from  those 
who  found  their  own  Blankets,  in  Order  to  discharge  themselves 
from  the  Receipts  given  as  aforesaid.  The  Committee  ask  Leave 
to  sit  again  further  to  consider  the  purport  of  his  Honour's  Mes- 
sage, John  Hill  per  Order. 

Read  and 

Ordered  that  this  Report  be  accepted.     \^Passed  October  6. 


Legislative 
Records  of  the 
Council,  xxi., 
285.    Mass. 
Archives,  xix., 
449. 

Mass. 

Archives,  xix., 
448.    House 
Journal, 
pp.  185,186. 
Province 
Laws,  ii.,  151, 
chap.  10. 


CHAPTER    173. 

ORDER    IMPOWERING    W«   YOUNG,   ADM^,   TO    SELL    AN    ESTATE    AND 
MAKING   PROVISION  IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  William  Young  Adminisf  of  the  Estate  of  Samuel 
Thomas  jun''  late  of  Worcester  dec''  setting  forth  the  Insufficiency 
of  his  personal  Estate  to  pay  his  Debts,  and  praying  for  Liberty 
to  sell  fifty  Acres  of  Land  in  Pelham,  belonging  to  said  Estate  for 
Payment  of  the  Debts  &c'^ 

Read  and 

Ordered  that  the  Prayer  of  the  Petition  be  granted  and  that  the 
Petitioner  in  his  said  Capacity  be  and  he  hereby  is  Impowered  to 
make  Sale  of  the  fifty  acres  of  Land  Mentioned  and  to  make  and 
Execute  a  good  Deed  or  Deeds  in  the  Law  of  y^  same,  he  observing 
the  Rules  in  the  Law  respecting  the  sale  of  Real  Estates  by  Ex^  or 
adm^  and  giving  Sufficient  Caution,  to  the  Judge  of  Probates  for 
the  County  of  Worcester,  where  the  Dee''  Dwelt,  for  the  applica- 
tion of  the  money  arising  by  s*'  Sale  and  for  his  duely  accounting 
for  y**  overplus.     [Passed  October  7. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  601 

CHAPTER    174. 

ORDER  IMPOWERING  JOSEPH  ALLEN,  ADM«,  TO  SELL  AN  ESTATE. 

A  Petition  of  Joseph  Allen  Adminisf  of  the  Estate  of  Elisha  Legislative 
Pike  late  of  Hard  wick  dec*!  shewing  that  after  Payment  of  the  ^^^n'c'u,  xli^^ 
Debts  due  on  the  said  Estate,  the  Remainder  is  inconsiderable  &  ^5.  mAss.  ' 
no  ways  sufficient  for  the  necessary  Support  of  the  Widow  &  Chil-  447.    ^^^'  ^  ^'' 
dren,  &  praying  for  Liberty  to  sell  the  Real  Estate.  Mass. 

Read  and  ^ef'^House'''" 

Ordered  that  the  Prayer  of  the  Petition  be  granted  and  that  y*  Journal, 
Petitioner  in  his  said  Capacity  be  and  he  hereby  is  Impowered  to  proWncl^^' 
make  Sale  of  the  Estate  mentioned  and  to  make  &  Execute  a  good  ^ifj^^^'/Q-'  ^^^' 
Deed  or  Deeds  in  the  Law  of  the  same  he  observing  the  Rules  in 
the  Law  respecting  the  sale  of  real  Estates  by  Ex^  or  adm^  and  giv- 
ing Sufficient  Caution  to  the  Judge  of  Probate  for  the  County  of 
Worcester  for  the  application  of  the  money  arising  by  said  Sale  as 
is  therein  mentioned.     \^Passed  October  7. 


CHAPTER    175. 

ORDER  IMPOWERING   JOHN    &    RICHARD    HOOTON    TO    EXPORT    PROVI- 
SIONS TO  SURINAM. 

A  Petition  of  John  Hooton  &  Richard  Hooton,  Praying  for  Legislative 
Liberty  to  send  to  Surinam  in  the  Schooner  Mary  whereof  Thomas  counc^f  xxi^^ 
Tufton  is  Master  a  Quantity  of  Provisions  particularly  mentioned  286.  Mass. 

i-V,      T>   j-'j."  Archives,  Ixv., 

m  the  Petition,  270. 

Read  and  i^^I 

Ordered  that  the  Prayer  of  this  Petition  be  so  far  Granted  as  ,^^chives,  ixv., 

that  the  Pet"  have  liberty  to  Ship  the  Provisions  within  menf^  journal,  p.  i89. 

aboard  said  Vessell  Provided  they  give  Bond   of   One   thousand  La^sriii.,901, 

pounds  sterling  to  the  Commissioner  of  Impost  to  Land  the  same  chap.30;  %m, 

note       ^7lt€ 

in  the  Port  of  Surrinam  And  on  the  Return  of  said  Vessell  if  the  p.  270,  chap'. 
Chief  Officer  shall  make  Oath  that  the  said  Provisions  were  Bona  ^^^' 
fide  Landed  in  said  Port  of  Surrinam  then  the  Bonds  shall  be  Can- 
celled.    [Passed  October  7.* 


CHAPTER    176. 

VOTE    FOR    SENDING    INTELLIGENCE    OF    THE    MOVEMENTS    OF    THE 

FRENCH, 

Voted,  That  his  Honour  the  Lieu*  Governor  be  desired  to  write  Legislative 
forthwith  to  his  Excellency  the  Right  Honi  the  Earl  of  Loudoun,  ^^jj^eu,  xx*?,^ 
And  to  the  several  New  England  Governm"  Acquainting  them  with  2^6.  Mass. 
the  Intelligence  he  has  received  from  Col°  Israel  Williams  of  the  i^^xvlIwi. 
designs  of  the  French ;  And  That  he  be  also  desired  to  give  Orders  Legislative 
to  y*  &^  Col°  Williams  to  raise  by  inlistment  or  otherwise  forty  effec-  Records  of  the 

.>  J  J  Council,  XXI., 

^  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  the  date  is  October  8. 


602 


Province  Laws  {Resolves, etc.).  — 1756-57.  [Chaps.  177-179.] 


285.    Ante, 
p.  472,  chap. 
364. 


tive  Men  to  be  employed  in  scouting  up  West  Eiver  and  black  River, 
or  any  other  way  which  he  shall  judge  more  likely  to  be  of  Service, 
the  said  Men  to  be  employed  in  said  service  for  a  term  not  exceed- 
ing two  months  from  the  time  of  their  inlistment,  and  to  have  the 
same  pay  and  Subsistence  with  others  employed  in  the  like  service 
on  the  Western  frontiers.'     \^Passed  October  8. 


CHAPTEK    177. 


ORDER  APPOINTING  A  COM^^^  TO  VIEW  CHARLESTOWN  POWDER  HOUSE. 


Legislative 
Records  of  the 
Council,  xxl., 

287.    Mass. 
Archives, 
Ixxvi.,  100. 

House  Jour- 
nal, p.  187. 


In  the  House  of  Eep^ 

Ordered,  That  Col°  Vassal  &  M""  Hall,  with  such  as  shall  be  Joined 
by  the  hon^  Board  be  a  Com**^  to  repair  to  the  Town  of  Charlestown 
&  examine  the  State  of  the  Powder  house  there,  and  report  what 
they  judge  proper  to  be  done  for  the  better  Security  of  the  same 

In  Council  Read  &  Concur'd  &  Ez^  Cheever  Esq''  is  Joyn'd  in 
the  affair.     \^Passed  October  8. 


Legislative 
Records  of  the 
Council,  xxi., 

287. 

House  Jour- 
nal, pp.  10, 187, 

189. 


CHAPTEE    178. 

ORDER  ALLOWING  THE  ACCOUNT    OF    THE    TREASURER    OF    BRISTOL 

COUNTY. 

An  Accompt  presented  by  M'  Robert  Luscomb  Treasurer  of  the 
County  of  Bristol  the  last  Year,  having  been  laid  before  the  Court 
of  General  Sessions  of  the  Peace  for  the  said  County,  &  by  them 
allowed. 

Read  & 

Ordered  that  this  Account  be  allowed,  &  that  the  Ballance  thereof 
being  Forty  three  Pounds  seven  shillings  &  four  pence,  the  said 
Treasurer  be  further  accountable  to  said  County  for.  [Passed 
October  8. 


CHAPTEK    179 


Legislative 
Records  of  the 
Council,  xxi., 

287.    Mass. 
Archives, 
Ixxv.,  592. 

House  Jour-    • 
nal,  p.  191. 


ORDER  ALLOWING   £3.  8.  6  TO  JOSIAH  JOHNSON. 

A  Petition  of  Josiali  Johnson  of  Tewksbury  shewing  that  he 
has  been  at  great  Expence  upon  his  Return  home  from  the  late 
Expedition  wherein  he  had  served  as  a  Soldier,  by  Reason  of  Sick- 
ness in  that  Service,  praying  that  this  Court  would  order  the  Pay- 
ment of  his  Charge. 

Read  and 

Ordered,  That  there  be  allowed  &  paid  to  M'  William  Stickney 
for  y""  Use  of  the  Peti''  out  of  y*  Public  Treasury,  the  sum  of  three 
pounds  eight  ShilP  &  six  pence  in  full  Consideration  of  the  Ex- 
pences  Mentioned.     [^Passed  October  9. 

''■  Not  found  in  the  House  Journal. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  603 


CHAPTER    180. 

VOTE   FOR   ENCOURAGEMENT    OF    ENLISTMENTS    FOR    RELEIF    OF    THE 
ARMY  AGAINST  CROWN  POINT  AND  THE  FRONTIERS. 

Notwithstanding  the  extraordinary  Provision  made   by  this  Legislative 
Government  in  raising  Men  from  time  to  time  for  their  Defence  councif,  x^i!^,^ 

against  the  French  &  Indian  Enemy,  especially  in  the  Crown  Point  "^^ 

Expedition,  yet  having  received  some  late  Intelligence  that  there  is  Mass. 
great  Danger  of  a  large  Body  of  the  Enemy's  coming  to  attack  our  uxvi.,  10.3. 
Army  or  otherwise  invade  some  of  the  English  Settlements ;  na^i"p^  m^' 

Voted  as  a  further  Provision  against  the  Enemy  that  for  the  ^«<e,  p.597, 
encouragement  of  such  able  bodied  effective  Men,  as  shall  volun-  °  *^" 
tarily  march  to  the  Eeleif  of  the  Army  under  Major  General  Winslow 
or  [of]  '  any  of  the  Towns  of  this  Government,  whenever  the  Colonels 
of  any  of  the  Eegiments  in  the  Counties  hereafter  mentioned  shall 
notify  the  Danger  there  may  be  of  an  immediate  Attack  from  a 
superiour  Force  of  the  Enemy;  they  shall  be  allowed  Pay  &  Sub- 
sistence from  the  time  of  their  setting  out  untill  the  Occasion  of 
their  Proceeding  be  removed,  at  which  time,  or  at  furthest  at  the 
expiration  of  forty  days  they  shall  be  dismiss'd.  And  that  his  Honour 
the  Lieutenant  Governour  be  desired  to  give  Directions  to  the  Col- 
onels of  the  Militia  in  the  Counties  of  Suffolk,  Plymouth,  Bristol, 
Essex,  Middlesex,  Worcester  &  Hampshire,  to  forward  the  March 
of  any  Men  out  of  the  respective  Regiments  under  such  Officers  of 
the  Militia  as  shall  be  agreable  to  them,  Provided  that  Pay  shall 
be  allowed  to  no  Officer  higher  than  a  Captain,  and  that  Pay  shall 
be  allowed  to  one  Captain,  one  Lieutenant,  one  Ensign,  four  Ser- 
geants, four  Corporals,  One  Clerk  &  one  Drummer  to  every  fifty 
Men,  including  said  Officers  &  so  in  Proportion  for  a  less  Company 
&  not  otherwise.     [^Passed  October'  9. 


CHAPTER    181. 

ORDER  IMPOWERING   JONATHAN    WILLIAMS    AND    TUTHIL    HUBBARD, 
EXECUTORS,  TO   SELL   AN   INTEREST   IN   LANDS. 

A  Petition  of  Jonathan  Williams  &  Tuthil  Hubbard  Executors  Legislative 
of  the  Testament  of  John  Franklyn  dec*^  shewing  that  he  (with  councif, xxi., 
others)  purchas'd  a  Tract  of  Land  at  Braintree  of  John  Quincy  Archives ^xix. 
Esq""  upon  Condition  to  pay  a  yearly  Quit  Rent  therefor,  that  the  438^ 


Laws,  ii.,  151, 


said  Testator  improved  his  part  of  the  Premises  by  building  on  Mass. 
them,  but  died  before  his  Buildings  were  finished,  &  has  not  left  435%39.^^Hou8'e 
Personal  Estate  sufficient  to  compleat  &  improve  them,  that  they  pp"i4<f^|52 
are  continually  lessening  in  Value,  Praying  for  Liberty  to  make  Province 
Sale  of  the  said  Buildings  in  such  Manner  as  will  be  most  for  the  chapf'io.' 
Advantage  of  the  Heirs. 

Read  and 

Ordered'^  that  this  Pet"  be  revived  That  the  prayer  of  the  Pet" 
be  granted  and  that  the  Pet"  be  and  they  hereby  are  allowed  and 
authorized  in  their  said  Capacity  to  Charge  the  seperate  Interest 

^  Inserted  from  the  House  Journal,  p.  192. 

2  This  order  was  not  found  in  Legislative  Records  of  the  Council. 


604 


Province  Laws  {Resolves, etc.).  — 1756-57.     [Chap.  182.] 


of  their  said  Testator,  with  its  proportion  of  the  aforesaid  Incum- 
berance  and  to  execute  such  Mortgages  or  other  Deeds  as  may  be 
Necessary  to  Charge  the  Land  for  that  purpose,  and  that  they  be 
further  authorized  in  their  said  Capacity  to  make  Sale  of  the  Tes- 
tators Interest  in  said  Land  being  one  fifth  part  of  tlie  whole  of 
said  Land  and  to  execute  a  legal  Conveyance  thereof  to  such  per- 
son or  persons  who  will  give  most  for  the  same  they  first  giving 
Bond  to  the  Judge  of  Probate  of  the  County  of  Suffolk  to  Account 
for  the  produce  of  such  Sale.     \^Passed  October  12. 


CHAPTER    182. 


VOTE  APPOINTING  A  COMMITTEE  TO  PREPARE  A  LETTER  TO  THE  EARL 
OF  LOUDOUN  AND  ALSO  AN  ESTIMATE  OF  COST  OF  PRESENT  EXPE- 
DITION AGAINST  CROWN  POINT. 


Legislative 
Records  of  the 
Council,  xxi., 
289.    Mass. 
Archives, 
Ixxvi.,  108. 

Legislative 
Records  of  the 
Council,  xxi., 
283,288.    House 
Journal, 
pp.  183, 190  his, 
192, 196,  197. 
Post,  p.  605, 
chap.  185. 


In  Council 

The  Board  taking  into  consideration  the  subject  Matter  of  the 
Conferrence  of  yesterday  between  the  two  Houses; 

Resolved  that  the  Board  will  join  with  the  House  to  morrow  morn- 
ing at  ten  aClock  in  the  Choice  of  Commissioners  to  wait  on  his 
Excellency  the  Eight  Honourable  the  Earl  of  Loudoun 

Voted  That  Andrew  Oliver  and  Tho^  Hutchinson  Esq"  with  such 
as  the  Hon^'^  House  shall  appoint  be  a  Committee  to  prepare  a  Letter 
to  be  signed  by  the  Secretary  in  the  Name  of  the  Government  to  the 
Eight  Honourable  the  Earl  of  Loudoun  declaring  the  Courts  accept- 
ance of  his  Lordships  proposal  relative  to  the  Provisions  and  acquaint- 
ing his  Lordship  with  the  Assurances  given  by  the  Secretary  of  State 
that  the  whole  expence  of  such  Provisions  and  Stores  &c  should  be 
born  by  the  Crown  also  mentioning  to  his  Lordship  the  term  of  En- 
listment of  the  Forces  in  the  present  Expedition  and  further  acquaint- 
ing his  Lordship  that  this  Court  have  appointed  Commissioners  to 
conferr  with  him  upon  the  aforesaid  Subject  and  also  to  confer  in 
Concert  with  such  other  Governments  as  his  Lordship  shall  think 
proper  to  notify,  upon  the  measures  w*^*^  he  shall  judge  necessary  for 
defending  and  preserving  his  Majestys  Interest  upon  this  Continent 
so  far  as  his  Lordship  shall  think  fit  to  communicate  the  same;  and 
praying  his  Lordship  to  appoint  a  time  and  place  of  Meeting  if  he 
shall  think  proper 

And  the  said  Committee  are  also  in  the  recess  of  the  Court  to 
prepare  on  Account  of  the  cost  and  charge,  of  the  several  Articles 
of  Expence  arisen  by  means  of  the  present  Expedition  except  those 
of  raising  arming  and  cloathing  the  Forces.  And  also  to  prepare 
Instructions  for  the  Commissioners  and  to  make  report  the  first  day 
of  the  next  sitting  of  the  Court 
In  the  House  of  Eep'"'' 

Eead  and  Concur''  and  M'  Speaker  M''  Flucker  and  Col°  Otis  are 
Joyned  in  the  Affair.     [^Passed  October  12. 


[3d  Sess.]     Province  Laws  {Hesolves,  etc.).  — 1756-57.  605 


CHAPTER    183. 

ORDER  IMPOWERING  SAM^  POIGNET,  INDIAN,  TO   SELL  LAND. 

A  Petitiox  of  Samuel  Poignet  of  Natick,  Indian,  Praying  for  Legislative 
Liberty  to  sell  thirteen  Acres  &  three  quarters  of  his  Land  lying  in  ^oun','!^Jf  xx^^** 
Natick,  for  the  payment  of  his  Debts,  and  for  the  Charge  of  fenc-  2«»-   Mass. 
ing  his  Land,  the  Eemainder  of  the  Produce  of  the  Sale  to  be  put  xxxn.l743. 
to  Interest  for  the  Pet"  Benefit.  mobb. 

Eead  and  xxxiI^'h'' 

Ordered  that  the  Pet"  have  liberty  (with  the  Advice  and  assist-  kousejour- 
ance  of  the  Guardians  to  the  Natick  Indians)  to  sell  the  13%  Acres  \^l'}^^Ante^^^^* 
of  Land  within  mentioned,  for  the  most  the  same  will  fetch  and  p^^no.chap. 
to  execute  a  good  Deed  for  the  Same  part  of  the  produce  thereof 
to  be  applyed  to  the  payment  of  the  Debt  within  mentioned  the 
remainder  to  be  let  out  on  Interest  for  the  Support  of  the  Petitioner 
The  s'^  Guardians  to  be  accountable  for  their  proceedings  to  this 
Court.     \_Passed  October  12. 


256. 


CHAPTER    184. 


ORDER  IMPOWERING  JOSHUA  BRAND,  INDIAN,  TO  SELL  LAND. 

A  Petition  of  Joshua  Brand  of  Needham,  Indian,  Praying  for  Legislative 
Liberty  to  sell  eight  Acres  of  his  Land  lying  in  Natick,  for  dis-  councff  xxi'^* 
charging  a  Judgment  of  Court  recovered  ag"  him  by  Nath'  Ballard,  200.   Mass. 
&  to  compleat  the  Payment  for  a  Tract  of  Land  purchased  by  him,  xxxii.^\4'L 
&  lying  in  Bridgwater.  ^^^  • 

Eead  and  xxxn^^-^o 

Ordered  that  the  Pef  have  liberty  (with  the  Advice  and  assist-  House' jou'r- 
ance  of  the  Guardians  to  the  Natick  Indians)  to  sell  the  Eight  fg^'s.' ^'^„\^y ^^' 
Acres  of  Land  within  mentioned  and  to  execute  a  good  Deed  for  p- no, chap, 
the  same ;  the  produce  thereof  to  be  applyed  to  the  purposes  within 
mentioned     The  s''  Guardians  to  be  accountable  for  their  proceed- 
ings to  this  Court.     [^Passed  October  12. 


CHAPTER    185. 

VOTE  APPOINTING  COMMISS^'s  TO   WAIT  ON  THE   EARL  OF  LOUDOUN. 

This  dat  being  appointed  for  the  Choice  of  Commissioners  to  Legislative 

repair  to  Albany  to  confer  with  his  Excellency  the  Eight  Honour-  coiincff  xxi^^ 

able  John  Earl  of  Loudoun  when  the  follow^  Gentlemen  were  chosen  290.  Mass. 

by  a  Major  Vote  of  the  Council  &  House  of  Eepresentatives  viz        ixxvi^Im. 

S"  William  Pepperrell  Bar*  House  Jour- 

Thomas  Hutchinson   )  -i^       .  ^^i-  p-  i9fa 

-D  ,      ,  XT  1  )■  Esquires  ^n<e,  p.  604, 

Eobert  Hale  )       ^  chap.  182. 

\^Passed  October  13. 


606 


Province  Laws  (i?esoZves,e^c.).  — 1756-57.  [Chaps.  186-188.] 


CHAPTER    186. 


VOTE   FOR    REMOVING    FRENCH    INHARTs    FROM    CHARLESTOWN    AND 

MARBLEHEAD. 


Legislative 
Kecords  of  the 
Council,  xxi., 
290.    Mass. 
Archives, 
xxiii.,  231. 

House  Jour- 
nal, p.  196a. 
Province 
Laws,  iii.,  1058, 
note.    Ante, 
p.  529,  chap.  2. 


Voted  that  the  late  Erench  Inhabitants  of  Nova  Scotia  now  in 
the  Towns  of  Charlestown  and  Marljlehead  being  forty  Nine  in 
all  be  forthwith  removed  from  thence  to  the  hereafter  mentioned 
Towns  in  the  following  proportion  Viz.  To  Medway  6.  To  Belling- 
ham  4.  To  Walpole  4.  To  Sherburne  5.  To  Natick  6  To  South- 
borough  3.  To  Dudley.  6.  To  Medfield  5  To  Holliston  4.  To  Dracut 
4.  To  Dunstable  2. 

Voted  also  that  the  Sheriffs  of  the  Counties  of  Essex  and  Mid- 
dlesex be  directed  to  Cause  the  said  French  Persons  to  be  conveyed 
to  said  Towns  respectively,  and  in  all  things  concerning  them  to 
govern  themselves  by  the  Laws  and  Orders  of  this  Court  making 
provision  for  the  Inhab''  of  Nova  Scotia  sent  here  from  that  Gov- 
ernment. And  that  said  Laws  and  Orders  be  sent  to  the  several 
Towns,  that  they  may  be  duely  Executed,  especially  those  Para- 
graphs relating  [to]  '  the  keeping  the  Said  French  Inhabitants  in 
the  several  Towns.     [Passed  October  13. 


CHAPTER    187. 


ORDER  GRANTING  TO  JOHN  GLOVER  LICENCE  TO  SELL  STRONG  DRINK. 


Legislative 
Kecords  of  the 
Council,  xxi., 
290.    Mass. 
Archives,  cxx., 
122. 

House  Jour- 
nal, pp.  196a, 
197a, 


A  Petition  of  John  Glover  of  Marblehead  shewing  that  he  has 
obtained  the  Approbation  of  the  Select  Men  of  said  Town  to  retail 
strong  Drink  there;  but  thro  Sickness  was  prevented  from  applying 
to  the  Court  of  General  Sessions  in  the  County  of  Essex  for  a  Licence, 
Praying  that  the  said  Court  may  be  impowered  at  their  present  Ses- 
sions to  grant  him  such  Licence. 

Eead  and 

Ordered  that  the  Justices  of  the  Gen'  Sessions  of  the  Peace  for 
the  County  of  Essex  now  holden  at  Newbury  be  allowed  (if  they 
See  cause)  to  grant  the  Pef  a  Licence  to  retail  Strong  Liquors  the 
ensuing  Year;  the  time  for  granting  Licences  being  elapsed  not- 
withstanding.    [Passed  October  18. 


CHAPTER    188. 


Legislative 
Records  of  the 
Council,  xxi., 
291.    Mass. 
Archives, 
xxiii.,  230. 

House  Jour- 
nal, p.  196a. 
Ante, -p.  579, 
Chap.  122. 


VOTE  IN  REGARD   TO  BRINGING  IN  ACC'^^  qf   CHARGES    FOR    SUPPORT 
OF   THE   FRENCH   INHARts. 

Voted  that  the  Select  Men  of  the  several  Towns  who  have  the 
care  of  the  late  French  Inhab*'^  of  Nova  Scotia  be  directed  to  Send 
into  the  Secretary's  Office,  their  respective  Accounts  to  the  lO**"  of 
November  next,  on  or  before  the  first  fryday  of  the  next  Fall  Ses- 
sion; and  that  this  Order  be  printed  in  one  or  more  of  the  publick 
News  papers.     [Passed  October  IS. 

'  Inserted  from  Legislative  Records  of  the  Council,  xxi.,  290. 


l^D  Sess.]     Province  Laws  (Hesolves,  etc.).  — 1756-57.  607 


CHAPTER    189. 

VOTE  IMPOWERING  ABIGAIL  BALL,  ADM^,  TO   SELL  REAL  ESTATE  AND 
MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Abigail  Ball  of  Southboro  Administ^  of  the  Estate  Legislative 
of  Peter  Ball  late  of  said  Town  dec-i  shewing  that  his  Eeal  Estate  coZclf.xx^^f 
is  small  &  not  capable  of  being  divided  without  great  Damage,  &  291.  Mass. 
the  Personal  Estate  not  sufficient  to  pay  the  Debts,  therefore  pray-  452.        >  -  -  •• 
ing  for  Liberty  to  sell  the  whole  Eeal  Estate  for  that  Purpose.  Mass. 

[Read  and]  tS^'^i^i 

Voted  that  the  Prayer  of  the  Petition  be  Granted  &  that  the  Peti-  Journal, 
tioner  Abigaill  Ball  In  her  Said  Capacity  be  &  liereby  is  fully  author-  p?ovinc^ 
ized  &  Impowered  to  make  Sale  of  her  Deceased  Husbands  Eeall  ^ifapf  lo.'' ^^^' 
Estate  therein  Mentioned  for  the  most  the  Same  Will  fetch  &  to 
Execute  a  Good  Deed  or  Deeds  of  Conveyance  for  the  Same  in  Law 
to  the  Purchaser  The  Petitioner  first  Giving  Security  to  the  Judge 
of  Probate  for  the  County  of  Worcester  that  the  moneis  arising  by 
the  Sale  thereof,  after  the  payment  of  the  Just  Debts  of  the  Intes- 
tate Be  Distributed  to  &  Between  all  Persons  Interested  in  S*^  Estate 
According  to  the  Directions  of  the  Law  for  the  Distribution  of  Intes- 
tate Estates.     [Passed  October  13. 


CHAPTEE    190. 

ORDER   ALLOWING   £5   TO   SAM'-  ANDREWS. 


An  Accompt  presented  by  Samuel  Andrews  of  billeting  twenty  Legislative 
Soldiers  drawn  out  of  the  Eegiment  under  the  Command  of  Col°  councfi^ xii.^^ 
Daniel  Appleton  for  the  Crown  Point  Expedition,  amounting  to  "^^ 

the  Sum  of   £7.  House  Jour- 

Eead&  nai.p.ma. 

Ordered  that  the  Sum  of  Seven '  Pounds  be  allowed  the  within 
named  Samuel  Andrews  out  of  the  public  Treasury  in  full  of  the 
within  Account.     [Passed  October  13. 


CHAPTER    191. 

ORDER  ALLOWING   £8.  13.  2  TO  BENJAMIN  KNAP. 

A  Petition  of  Benj*  Knaps  of  Taunton  a  Soldier  in  the  late  Legislative 
Expedition  against  Crown  Point,  Praying  that  he  may  be  allowed  councif  ^l^i^ 
the  Charge  of  his  Sickness,  which  he  contracted  while  in  that  291.  Mass. 

S  Archives, 

ervice.  ixxv.,  678. 

Eead  and  Mass. 

Ordered  that  the  sum  of  Eight  jiounds  thirteen  shillings  and  two  4^^^^|-^ 
pence  be  allowed  to  be  paid  out  of  the  publick  Treasury  to  Col°  House  Jour- 
White  for  the  Use  of  the  Petitioner.     [Passed  October  13.  nai.p.iDT-. 

^  The  House  Journal,  p.  197",  reads,  £5. 


608 


Province  Ijawb  {Resolves^  etc.).  — 1756-57.  [Chaps.  192-194.] 


CHAPTEK    192. 


ORDER  ALLOWING  £4.  7  TO  PHINEAS  HATHWAY. 


Legislative " 
Records  of  the 
Council,  xxi., 
291.    Mass. 
Archives, 
Ixxv.,  145. 

House  Jour- 
nal, p.  197a. 


A  Petition  of  Phineas  Hathway  a  Soldier  in  the  late  Expedi- 
tion against  Crown  Point,  shewing  that  he  was  brot  home  sick  from 
the  said  Service,  &  praying  that  he  may  be  allowed  the  Expence  of 
his  Sickness. 

Read  and 

Ordered  that  the  Sum  of  four  pounds  Seven  Shillings  be  allowed 
to  be  p''  out  of  the  j)ublick  Treasury  to  Col°  White  for  the  Use  of 
the  Petitioner.     \^Passed  Octoher  IS, 


CHAPTER    193. 


ORDER  ALLOWING   £2.  7.  8  TO  SETH  PITTS. 


Legislative 
Records  of  the 
Council,  xxi., 
292.    Mass. 
Archives, 
Ixxv.,  723. 

Mass. 
Archives, 
Ixxv.,  723. 
House  Jour- 
nal, p.  197a. 


A  Petition  of  Seth  Pitt  a  Soldier  in  the  late  Expedition  against 
Crown  Point,  shewing  that  he  was  taken  sick  on  his  Return  home, 
And  praying  that  he  may  be  allowed  his  Charge  of  his  said  Sickness, 

Read  and 

Ordered  that  the  Sum  of  two  pounds  Seven  Shillings  and  eight 
pence  be  allowed  to  be  paid  out  of  the  publick  Treasury  to  CoP 
White  for  the  Use  of  the  Pet^      [Passed  October  IS. 


CHAPTER    194. 


VOTE  ACCEPTING  REPORT  OF  COMMITTEE  ON  THE  DEFENCE  OF  THE 
SEA  COAST,  AND  APPOINTING  A  COMMITTEE  TO  PROVIDE  TWO 
ARMED  VESSELS  THEREFOR. 


Legislative 
Records  of  the 
Council,  xxi., 
292.    Mass. 
Archives,  Ixv., 
272. 

Mass. 

Archives,  Ixv., 
271.    House 
Journal, 
pp.  178,  196, 
196^197.   Prov- 
ince Laws,  iii., 
1062,  note ;  xiv., 
606,  chap.  180. 
Ante,  p.  594, 
chap.  161. 


The  Committee  appointed  to  take  under  Consideration  in  the 
recess  of  the  Court  some  proper  Method  for  the  Security  of  the 
Sea  Coast  in  this  time  of  Danger,  have  attended  that  Service,  & 
apprehending  that  the  Governments  of  Connecticut  &  Rhode  Island 
will  provide  themselves  Vessels  for  the  Protection  of  their  Trade, 
&  of  their  Coasters  importing  their  Provisions  &c*  so  far  as  the 
Island  of  Nantucket,  but  no  further;  but  after  that  our  Vessels 
will  be  greatly  exposed  to  the  Enemy,  &  our  Fishery  be  intirely 
without  Defence,  unless  some  Provision  be  made  for  their  Pro- 
tection. 

They  therefore  beg  Leave  to  report  as  their  Opinion,  that  two 
suitable  Vessels  be  provided  at  the  Charge  of  this  Government,  the 
one  for  the  Protection  of  our  Coasters  from  the  Southward,  and 
another  for  the  Protection  of  the  Fishery,  and  other  Inward  bound 
Vessels;  and  for  which  the  Guns  and  other  Warlike  Stores,  which 
were  reserved  in  the  Sale  of  the  Massachusets  Frigate  now  in  the 
Commissary's  Care,  and  of  the  Value  of  about  Four  hundred  Pounds 
Sterling  may  be  well  improved,  &  so  far  a  saving  to  the  Province, 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  609 

and  that  a  Committee  be  appointed  for  this  Purpose :  Which  is  hum- 
bly submitted.  By  Order  of  the  Committee 

Jacob  Wendell. 
In  the  House  of  Rep^®^ 

Read  and 

Ordered  that  this  report  be  accepted  and  that  JVP  Speaker  M' 
Welles  and  M''  Flucker  with  such  as  the  Hon""  Board  shall  Joyn 
be  a  Comm'^*'  to  provide  two  Suitable  Armed  Vessells  accordingly. 

In  Council,  Read  and  Concur'd  &  Tho^  Hutchinson  &  John  Erving 
Esq"  are  joined  in  the  Affair.     \^Passed  October  13.'^ 


CHAPTER    195. 

VOTE    DESIRING  THE   LIEUT.    GOVERNOUR    TO    ORDER  THE    SICK    SOL- 
DIERS FROM   ALBANY   TO   BE   LANDED   AT   CASTLE    WILLIAM. 

Whereas  a  Number  of  the  Forces  raised  by  this  Province  for  Legislative 
the  Crown  Point  Expedition,  are  by  sickness  &  otherways,  rendered  coimcu  xxi^,^ 
incapable  of  Service  &  may  soon  be  expected  from  Albany,  &  it  is  -292    m;isb. 
Judged  most  for  the  publick  Safety,  that  Such  persons  should  be  ixxxvii.,'33-2. 
landed  &  aired  sometime,  before  they  return  to  their  several  Homes,  House  Jour. 
&  as  Castle  Island  hath  now  on  it  a  Large  Barrack,  every  way  accom-  °^^'  p-  i^^- 
modated  for  the  reception  &  comfort  of  such  Invalids, 

Voted 

That  his  Honour  the  Lieu*^  Governour  be  desired  to  give  Orders 
to  the  Commanding  Officer  of  Castle  William  to  bring  to  &  stop 
all  Vessells  from  Albany,  haveing  such  sick  Persons  on  board,  in 
order  to  their  being  landed  &  cleansed  And  that  the  Commis- 

sary Generall  procure  a  Number  of  Bedds  &  Blanketts  (not  exceed- 
ing 100  Each)  &  other  Necessarys  for  the  Sick,  &  see  that  they  be 
well  taken  Care  of  whilst  at  the  Barrack,  &  that  none  of  the  Per- 
sons so  landed  be  permitted  to  come  off  the  s^  Island  without  this ' 
Consent  of  the  commanding  officer  at  s**  castle.    [Passed  October  14. 


CHAPTER    196. 

ORDER  ALLOWING  THE   ACCOUNT  OF  THE  TREASURER  OF  PLYMOUTH 

COUNTY. 

An  Accompt  presented  by  Edward  Winslow  Esq''  Treasurer  of  glfor^fg^of  the 
the  County  of  Plymouth  for  the  last  Year,  having  been  by  him  council,  xxi., 

laid  before  the  Court  of  General  Sessions  of  the  Peace  for  the  said  ^— 

County  &  by  them  allowed.     Read  &  Sa^ppaMgo. 

Ordered  that  this  Account  be  allowed,  and  that  the  Ballance 
thereof  being  Five  Pounds  five  Shillings  &  an  half  penny,  the  said 
Treasurer  to  be  further  accountable  to  said  County  for.  \^Passed 
October  14. 

1  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  October  14. 

^  Sic,  it  seems,  for  "the."     See  Legislative  Records  of  the  Council,  xxi.,  292. 


610 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  197-199.] 


CHAPTER    197. 


Legislative 
Records  of  the 
Council,  xxi., 
294.    Mass. 
Archives, 
xxxii.,748. 

House  Jour- 
nal, pp.  lOT", 
198, 199.     Ante, 
p.  110,  chap. 
256. 


ORDER  IMPOWERING  MARY  PEGAN,  INDIAN,  TO   SELL  REAL  ESTATE, 

A  Petition  of  Sarah '  Pegan  of  Natick,  Indian,  shewing  that 
she  has  been  necesitated  to  contract  Debts  for  her  own  &  her  sick 
Child's  support  praying  that  She  may  be  allowed  to  sell  some  part 
of  her  Lands  for  the  Payment  of  her  Debts,  and  the  further  Sup- 
port of  her  said  Child. 

Eead  and 

Ordered  that  the  Prayer  of  this  Pet°  be  granted,  and  the  Pet^  is 
hereby  fully  impowered  (with  the  advice  and  consent  of  the  Guar- 
dians to  the  Natick  Indians)  to  Sell  so  much  of  her  real  Estate, 
where  it  will  be  lest  prejudicial  (and  to  execute  a  good  Deed  of  the 
Same)  as  shall  be  absolutely  necessary  to  discharge  her  Just  Debts, 
and  to  enable  her  to  Support  her  Sick  Child.  The  Said  Guar- 

dians to  be  accountable  for  their  proceedings  herein  to  this  Court. 
^Passed  October  14. 


CHAPTER    198. 


Legislative 
Records  of  the 
Council,  xxi., 
294.    Mass. 
Archives, 
Ixxvi.,  111. 

Mass. 
Archives, 
Ixxvi.,  110. 
House  Jour- 
nal, p.  199. 
Ante,  p.  602, 
chap.  177. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  THE  CHARLESTOWN 
POWDER  HOUSE  AND  APPOINTING  A  COMMITTEE  TO  EFFECT  RE- 
PAIRS. 

The  Committee  on  the  Affair  of  the  Powder  House  at  Charles- 
town,  reported:  That  for  the  better  Security  of  the  Powder 
within  said  House  the  Doors  be  repaired  &  plated  with  lead,  and 
the  Outer  Door  be  secured  w*^  a  large  Lock  on  the  Inside,  and  two 
Bars  of  Iron  with  padlocks  on  the  Outside,  and  that  said  House  be 
picketted  round  with  Pickets  nine  feet  high  from  the  Ground,  and 
twenty  feet  Distance  from  the  said  House,  &  that  the  Watch  Box 
be  repaired,  &  a  constant  Watch  kept  there  by  Night. 
In  the  House  of  Rep"^^ 

Read  and 

Ordered  that  this  Report  be  accepted  and  M'  Russell  and  M'' 
Vassall  with  such  as  the  Hon''"'  Board  shall  Joyn  are  a  Comm^'' 
to  take  care  that  the  work  be  Effected. 

In  Council  Read  and  Concur'd  k  Ezekiel  Cheever  Esq""  is  Joined 
in  the  affair.     {^Passed  October  14. 


CHAPTER    199. 


Legislative 
Records  of  the 
Council,  xxi., 
296.    Mass. 
Archives, 
Ixxvi.,  116. 

House  Jour- 
nal, p.  204. 


ORDER  FOR  PROVIDING  FOR  INVALID  SOLDIERS  PASSING  THROUGH 
TOWNSHIP  NUMBER  ONE,  AND  VOTE  REQUIRING  SELECTMEN  OF 
TOWNS  TO  MAKE  THE   SAME  ARRANGEMENTS,  ETC. 

Ordered  that  Cap*  John  Brewer  and  M'  John  Jackson  of  N°  I.'' 
be  impowered  to  provide  a  Suitable  House  or  Houses,  attendance. 
Medicines,  and  other  necessaries  for  such  Invalid  Soldiers  as  shall 
pass  thro  said  Township  in  their  return  from  the  Camps. 

Voted  also  that  the  Select  Men  of  the  several  Towns  within  this 
Province  be  impowered  to  make  the  like  provision  for  the  purpose 

*  The  House  Journal,  pp.  197",  198,  199,  reads,  "  Mary  Pegan.'' 

^  This  was  probably  Housatonic  No.  1,  which  afterward  became  Tyringham. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 175(5-57.  611 

aforementioned  in  their  respective  Towns.  And  that  they  Ex- 

hibit a  particular  Account  of  the  names  of  the  Persons  Companies 
and  Regiments  they  belong  unto;  And  the  Expences  upon  such 
Persons;  to  this  Court  for  payment.      \^Passed  October  16. 


CHAPTER    200. 

VOTE  APPOINTING  A  COMtee  TO  RECEIVE   THE  PUBLIC  MONEY  IN  THE 
HANDS   OF   THE    REGISTER   OF   THE   ADMIRALTY. 

In  the  House  of  Eepresenf'^* 
Voted  that  M''  Speaker  &  M'  Flucker  with  such  as  the  hon^'«  Board  ^eford^of  th 
shall  join,  be  a  Committee  to  demand  &  receive  of  the  Register  of  council,  xxi., 

the  Court  of  Vice  Admiralty  the  Money  in  his  Hands  belonging  to  '^— 

the  Province,  &  that  they  deliver  the  Sum  so  received  to  the  Treas''  Archives 
of  the  Province,  taking  his  Receipt  for  the  same;  In  Council;  xiiv., 315! 

Read  &  Concurred,  And  William  Brattle  Esq"  is  joined  in  the  Aifair.  mul'p!  203^" 
\^Passed  October  18. 


CHAPTER    201. 

ORDER  IMPOWERING   SARAH    WATT,  ADM^,  TO    SELL    AN    ESTATE    AND 
MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Samuel  Watts  Esq''  and  Sarah  his  Wife  Administ^"  Legislative 
of  the  Estate  of  her  late  Husband  Thomas  Oxnard  of  Boston  Esq""  coundi!  xxi'.^ 
dec*^  shewing  that  the  said  Thomas  died  seized  of  One  half  of  a  Arciuv^es^^xix 
House  &  Land  in  Middlestreet  in  Boston;  which  House  is  in  a  very  445.        ' "  " '' 
ruinous  Condition,  therefore  praying  for  Liberty  to  sell  the  said  House  Jour. 
Estate  for  the  Benefit  of  the  Heirs,  who  are  Minors.    ■  nai,D.  210. 

Read  and  in  answer  to  this  Petition 

Ordered  That  the  Petitioner  Sarah,  be  and  hereby  is  allow'd  and 
impowered,  in  her  Capacity  of  Administratrix,  to  make  Sale  of  the 
Estate  withinmention'd,  and  to  execute,  in  due  form  of  Law  a  Deed, 
or  Deeds  for  the  conveyance  thereof  to  Such  Person  or  Persons  as 
shall  give  most  for  the  same :  And  that  the  Said  Sarah  have  the 
improvement  of  one  third  part  of  the  Produce  of  the  Premises  for 
her  Life ;  Provided  Sufficient  Security  be  given  to  the  Judge  for  the 
Probate  of  Wills  &c  for  the  County  of  Suffolk  That  the  Principal 
Sum  allowed  her  Shall,  at  her  Death,  revert  to  the  right  Heirs  of 
the  withinnamed  deceas'd;  And  That  the  Remainder  of  the  Pur- 
chase Consideration  be  disposed  of  to  and  among  the  Intestates 
Children  according  to  Law.     \^Passed  October  20. 


CHAPTER    202. 

VOTE  IMPOWERING  THE  SELECTMEN  OF  TOWN  OF  CONCORD  TO  CHOSE 
TOWN  OFFICERS  FOR  THE  DISTRICT  OF  CARLISLE  LATELY  ANNEXED 
THERETO. 

A  Petition  of  the  Select  Men  of  the  Town  of  Concord,  shew-  Legislative 
ing  that  that  part  of  the  Inhabitants  of  the  District  of  Carlisle,  councn'xxi!!® 
that  went  off  from  Concord  being  now  reincorporated  into  said  298.  Mass. 
Town  are  destitute  of  necessary  Town  Officers  to  reside  among  cx^vii.^lfs. 


612 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  203-205.] 


House  Jour- 
nal, p.  210. 
Province 
Laws,  v.,  1355, 
note.    Ante, 
p.  599,  chap. 
170. 


them,  Praying  that  the  said  Town  may  be  impowered  to  chuse 
Officers  there  to  continue  during  the  present  Year. 

[Read  and] 

Voted  that  the  Town  of  Concord  at  their  next  General  Town 
meeting  be  and  hereby  are  authorized  &  impowered  to  make  Choice 
of  a  Contable '  Tythingmen  Surveyors  of  higiiways  &  such  other 
Town  Officers  as  they  shall  think  proper  &  necessary  in  that  part 
of  s**  Town  Lately  Call'd  the  District  of  Carlisle,  publick  notice 
being  given  thereof  in  the  notification  for  Calling  Said  meeting, 
which  officers  when  Chosen  Shall  be  obliged  to  Serve  in  the  respec- 
tive offices  to  which  they  shall  be  chosen  under  the  same  Penaltys 
as  the  Town  officers  were  that  were  Chosen  in  the  month  of  March 
last.     [^Passed  October  20. 


Legislative 
Records  of  the 
Council,  xxi., 

299. 

House  Jour- 
nal, p.  211. 
Province 
Laws,  ill.,  1063, 
note. 


CHAPTEK    203. 

VOTE  APPOINTING  A  COM'^^^  TO  FARM  THE  EXCISE    ON    TEA,   COFFEE, 
&   CHINA  WARE   IN   SUFFOLK   COUNTY. 

In  the  House  of  Representatives; 
Voted  that  John  Quincy  &  Thomas  Flucker  Esq"  with  such  as 
the  hon'''^  Board  shall  join,  be  a  Committee  to  farm  out  the  Duties 
of  Excise  on  Tea,  Coffee  &  China  Ware  in  the  County  of  Suffolk 
for  one  Year  from  the  1^''  of  Nov''  next:  In  Council,  Read  & 

Concur'd;  And  Samuel  Watts  Esq^  is  joined  in  the  Affair.     \^Passed 
October  20. 


Legislative 
Records  of  the 
Council,  xxi., 
299. 

House  Jour- 
nal, p.  211. 


CHAPTEK    204. 

VOTE  APPOINTING  A  COMT^^e  tO   FARM    THE    EXCISE  ON  TEA,   COFFEE, 
&   CHINA   WARE  IN   ESSEX   COUNTY. 

In  the  House  of  Repres^^* 
Voted  that  Henry  Gibbs  &  Richard  Reed  Esq''^  with  such  as  the 
hon^^®  Board  shall  join  be  a  Committee  to  farm  out  the  Duties  of 
Excise  on  Tea,  Coffee  &  China  Ware  in  the  County  of  Essex  for 
one  Year  from  the  first  of  November  next:  In  Council;  Read 

&  Concurred  &  Benj*  Lynde  Esq""  is  joined  in  the  Affair.      \^Passed 
October  20. 


CHAPTEK    205. 

VOTE  APPOINTING  A  COM'^^  TO  FARM   THE    EXCISE    ON    TEA,  COFFEE, 
&   CHINA  WARE  IN  MIDDLESEX  COUNTY. 


Legislative 
Records  of  the 
Council,  xxi., 
299. 

House  Jour- 
nal, p.  211. 


In  the  House  of  Representatives, 
Voted  that  James  Russell  and  John  Hunt  Esq'''  with  such  as  the 
hon"^'®  Board  shall  join,  be  a  Committee  to  farm  out  the  Duties  of 
Excise  on  Tea,  Coffee  &  China  Ware  in  the  County  of  Middlesex 
for  one  Year  from  the  first  of  Nov"  next:  In  Council;  Read  & 

Concur'd,  &  Ezekiel  Chever  Esq'  is  joined  in  the  Affair.     \^Passed 
October  20. 

1  Sic. 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1756-57.  613 


CHAPTER    206. 

VOTE  APPOINTING  A  COMf^"^  TO    FARM    THE    EXCISE    ON    TEA,  COFFEE 
&   CHINA   WARE   IN   HAMPSHIRE   COUNTY. 

In  the  House  of  Eepresentatives,  Refordfof  the 

Voted  that  Joseph  Hawley  Esq''  &  M''  Gideon  Lyman,  with  such  council,  xxi., 

as  the  hon'"'*'  Board  sliall  join,  be  a  Com"^"  to  farm  out  the  Duties  '^— 

of  Excise  on  Tea,  Coffee  &  China  Ware  in  the  County  of  Hamp-  na°^p!2iL'^' 
shire  for  one  Year  from  the  first  of  Nov""  next:  In  Council; 

Eead  &  Concur'd;  And  Eleazer  Porter  Esq''  is  joined  in  the  Affair. 
[Passed  October  20. 


CHAPTER    207. 

VOTE  APPOINTING  A  COM^'^'^  TO   FARM   THE    EXCISE    ON   TEA,  COFFEE, 
&   CHINA  WARE   IN   WORCESTER  COUNTY. 

In  the  House  of  Representatives  Legislative 

Voted,  That  Timothy  Paine  and  William  Richardson  Esq'^  with  council,  xxi., 
Such  as  the  Hon'''^  Board  shall  join  be  a  Committee  to  farm  out  Archives^^cxx. 
the  Duties  of  Excise  on  Tea,  Coffee^  and  China  Ware  in  the  County  I'^s- 
of  Worcester  for  one  Year  from  the  first  of  November  Next  House  Jour- 

In  Council  Read  and  concur'd  and  John  Chandler  is  joined  in  °^'P- bli- 
the affair.     [Passed  October  20. 


CHAPTER    208. 

VOTE  APPOINTING  A  COM^ee  to   FARM    THE    EXCISE    ON    TEA,  COFFEE 
&   CHINA  WARE  IN   PLYMOUTH   COUNTY. 

In  the  House  of  Representatives;  Legislative 

Voted  that  David  Stockbridge  Esq""  &  Cap*  Ebenezer  Sprout,  with  counc*if,xxi!l® 

such  as  the  hon^'®  Board  shall  join,  be  a  Com"""  to  farm  out  the  Ex-  ^^ 

cise  on  Tea,  Coffee  &  China  Ware  in  the  County  of  Plymouth  for  House  Jour- 
one  Year  from  the  first  of  November  next :  In  Council ;  Read      *  ^' 
&  Concur'd,  And  John  Cushing  Esq"  is  joined  in  the  Affair.    [Passed 
October  20. 


CHAPTER    209. 

VOTE  APPOINTING  A  COM^ee  tO    FARM   THE    EXCISE    ON    TEA,  COFFEE 
&   CHINA  WARE  IN  BARNSTABLE   COUNTY. 

In  the  House  of  Representatives,  Legislative 

Voted  that  James  Otis  &  Rowland  Cotton  Esq"  with  such  as  the  counctrixLf 

hon"*  Board  shall  join,  be  a  Com*^^  to  farm  out  the  Duties  of  Ex-  ^^ 

cise  on  Tea,  Coffee  &  China  Ware  in  the  County  of  Barnstable,  for  House  Jour- 
one  Year  from  the  first  of  November  next :  In  Council;  Read      ' 

&  Concur'd;  And  John  Otis  Esq'  is  joined  in  the  Affair.     [Passed 
October  20. 


eu 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  210-213.] 


Legislative 
Records  of  the 
Council,  xxi., 
300. 

House  Jour- 
nal, p.  21-2. 


Legislative 
Records  of  the 
Council,  xxi., 
300. 

House  Jour- 
nal, p.  212. 


CHAPTER    210. 

VOTE   APPOINTING  A  COM'^^^   TO    FARM   THE    EXCISE    ON    TEA,  COFFEE 
&   CHINA   WARE   IN   BRISTOL   COUNTY. 

In  the  House  of  Eepresentatives 
Voted  that  Samuel  White  Esq'  &  M'  Thomas  Moorey  with  such 
as  the  hon'''''  Board  shall  join  be  a  Committee  to  farm  out  the  Duties 
of  Excise  on  Tea,  Coffee  &  China  Ware  in  the  County  of  Bristol 
for  one  Year  from  the  first  of  Nov'  next:  In  Council;  Read 

&  Concur'd ;  &  George  Leonard  Esq'  is  joined  in  the  Affair.    [^Passed 
October  20. 


CHAPTER    211. 

VOTE  APPOINTING  A  COM^ee  TO   FARM    THE    EXCISE    ON    TEA,  COFFEE 
&  CHINA  WARE  IN  YORK  COUNTY. 

In  the  House  of  Representatives; 
Voted  that  John  Bradbury  Esq'  &  M'  James  Gowen  with  such  as 
the  hon''^®  Board  shall  join  be  a  Committee  to  farm  out  the  duties 
of  Excise  on  Tea,  Coffee  &  China  Ware  in  the  County  of  York  for 
one  Year  from  the  first  of  November  next:  In  Council;  Read 

&  Concur'd;  And  John  Hill  Esq'  is  joined  in  the  Affair.     [Passed 
October  20. 


CHAPTER    212. 


Legislative 
Records  of  the 
Council,  xxi., 
.300. 

House  Jour- 
nal, p.  212. 


VOTE  APPOINTING  A  COM^=^  TO    FARM    THE    EXCISE    ON    TEA,  COFFEE 
&   CHINA  WARE  IN  THE   COUNTY  OF  DUKES  COUNTY. 

In  the  House  of  Representatives, 
Voted  that  John  Norton  &  Zaccheus  May  hew  Esq"  with  such  as 
shall  be  joined  by  the  hon**^"  Board  be  a  Committee  to  farm  out  the 
Duties  of  Excise  on  Tea,  Coffee  &  China  Ware  in  the  County  of 
Dukes  County  for  one  Year  from  the  first  of  November  next ;  In 
Council;  Read  &  Concur'd,  And  John  Sumner  Esq'  is  joined  in  the 
Affair.     [Passed  October  20. 


Legislative 
Records  of  the 
Council,  xxi., 
300. 

House  Jour- 
nal, p.  212. 


CHAPTER    213. 

VOTE  APPOINTING  A  COM'^'^'^    TO    FARM   THE   EXCISE    ON    TEA,  COFFEE 
&    CHINA   WARE   IN   NANTUCKET   COUNTY. 

In  the  House  of  Representatives; 
Voted  that  Abishai  Folger  Esq'  &  M'  Richard  Coffin  with  such 
as  the  hon^'®  Board  shall  join  be  a  Committee  to  farm  out  the  duties 
of  Excise  on  Tea,  Coffee  &  China  Ware  in  the  County  of  Nantucket 
for  one  Year  from  the  first  of  November  next:  In  Council; 

Read  &  Concur'd  &  Jonathan '  Esq'  is  joined  in  the  Affair. 

[Passed  October  20. 

*  Neither  copy  of  the  Legislative  Records  of  the  Council  records  the  surname. 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  —  1756-57.  615 


CHAPTER    214. 

VOTE  IN  REGARD   TO  TAVERN  KEEPERS  SUBSISTING    SOLDIERS    AND 

TAVERN  RATES. 

Voted,  that  the  Respective  Tavern  keepers  who  shall  Support  ^^^'^1?*^^^.^ 
any  of  the  Soldier's  upon  their  return  home  from  the  army  shall  council,  xxi., 
be  allowed  Six  pence  ^  meal  for  Each  Soldier  they  grant  Support  ArchfvesTcxi. 
to.  the  Said  Tavern  keepers  keeping  an  acco*  of  Each  Soldiers  name  390. 
and  what  Company  &  Regiment  they  belong  to.  and  that  the  Said  House  Jour- 
Tavern  keepers  are  hereby  Obliged  to  Support  the  said  Soldiers  at  ^^^^pp- 213,214. 
the  Rate  afors*^  accordingly.     \^Passed  October  20. 


CHAPTER    215. 

ORDER   ON   THE    MEMORIAL    OF    THE   GUARDIANS   OF  THE   PUNCAPAUG 
INDIANS   IN   REGARD   TO   BOUNDARY   LINES. 

A  Memorial  of  Robert  Spur  &  others  Guardians  of  the  Punca-  Legislative 
paug  Indians,  setting  forth  their  Transactions  in  the  Indians  Affairs  counc^f, xxi!'^ 
&  the  great  Danger  there  is  of  their  English  Neighbours  encroach-  soo.   Mass. 
ing  &  tresspassing  upon  their  Lands,  &  therefore  praying  that  they  xxxii.,  739. 
may  be  carefully  surveyed  &  the  Bounds  thereof  settled:  Mass.  " 

Read  and  xxIhItIs. 

Ordered,  That  the  Memorialists  in  their  Capacity  of  Guardians  HouBeJou'r- 
to  Said  Indians,  be  and  hereby  are  impowered,  by  a  Surveyor  &  ^nie^p.ass. 
Chain  Men  upon  oath  to  settle  the  Bounds  of  the  said  Lands  between  ^'^^p-  ^'''^• 
them  &  the  English  bordering  on  the  same,  and  that  it  be  done  at 
the  charge  of  the  english  Abutters  &  Said  Indians  in  proportion  to 
their  Interest ;  and  that  the  said  Abutters  be  directed  to  produce 
their  Deeds  in  order  to  Ascertain  the  bounds  of  the  Said  Indians 
Lands;  &  that  the  said  Guardians  report  their  doings  to  the  Court 
as  soon  as  May  be.  Also 

Ordered,  That  the  further  Consideration  of  this  Memor^  be  referred 
to  y"  fall  sessions  in  order  to  y"  S'^  Guardians  producing  the  proper 
Vouchers  for  their  disbursements  referred  to  therein.  \^Passed  Octo- 
ber 20. 


CHAPTER    216. 

ORDER  ALLOWING   £3.  19  TO   JOHN  BROCLEBANK. 

A  Petition  of  John  Broclebank  a  Soldier  in  the  late  Expedition  Legislative 
against  Crown  Point,  shewing  that  upon  his  Return  home  he  was  coundf,  xx^hf 
taken  sick  of  a  Fever,  Praying  that  he  may  be  allowed  the  Charge  ^^chi^ves^' 
of  his  Sickness.  ixxvi.,  iis. 


Read  and  House  Jour- 

Ordered,  That  there  be  allowed  to  y*  Petitioner  &  paid  out  of  the  °^^'  p-  '^^'^• 
public  Treasury  for  his  Use  to  M""  Thomas  Lancaster  three  pounds 
Nineteen  shillings,  in  full  Consideration  of  the  Expences  Men- 
tioned.    [^Passed  October  20. 


616 


Province  Laws  {Resolves,  etc.) .  — 1756-57.  [Chaps.  217-219.] 


CHAPTER    217. 


Legislative 
Records  of  the 
Council,  xxl., 
301.    Mass. 
Archives, 
Ixxvi.,  94. 

House  Jour- 
nal, pp.  211, 215. 
Province 
Laws,  xiv.,  652, 
Chap.  58. 


ORDER  ALLOWING  40/  ANNUALLY,  ADDITIONAL,  TO  THOMAS   WHITE. 

A  Petition  of  Thomas  White  of  Marshfield  shewing  that  in 
Queen  Anns  War  he  was  dangerously  wounded  in  the  Service  of 
this  Government,  &  in  a  great  Measure  disabled  from  Labour,  for 
which  he  has  received  a  Pension  from  this  Government,  but  being 
much  advanced  in  Years  it  proves  insufficient  for  him;  and  there- 
fore i^raying  for  an  Addition  thereunto. 

Eead  and 

Ordered,  That  there  be  allowed  &  paid  out  of  y^  Public  Treasury 
Annually  the  sum  of  forty  shillings  in  addition  to  the  Pension  of 
three  pounds  ^  annum  Already  granted  to  y^  Pef  during  his  Natural 
life.     [Passed  October  20. 


CHAPTER    218. 


ORDER  IMPOWERING  THE  GUARDIAN  OF  NATHANIEL  SUMNER  TO 
EXECUTE  A  DEED. 


Legislative 
Records  of  the 
Council,  xxi., 
302.    Mass. 
Archives, 
xlvi.,  428. 

Mass. 
Archives, 
xlvi.,  427. 
House  Jour- 
nal, pp.  208, 217. 


A  Petition  of  Jeremiah  Tucker  of  Milton  shewing  that  he  pur- 
chased a  Tract  of  Land  of  Nathaniel  Sumner  of  Stoughton,  but 
thro  his  Ignorance  took  the  Deed  upon  unstamp'd  Paper,  that  he 
has  laid  out  a  considerable  Sum  for  the  Improvement  of  it,  that 
the  said  Nathaniel  is  now  become  Non  Compos,  &  therefore  pray- 
ing that  his  Guardian  may  be  impowered  to  grant  him  an  authentic 
Deed  of  the  said  Land  upon  stamped  Paper. 

Eead  and 

Ordered  That  the  prayer  of  this  Pet°  be  granted ;  &  That  y^  Guar- 
dian to  y*"  within  Mentioned  Nathaniel  Sumner  be  and  he  hereby  is 
fully  impowered  to  make  &  Execute  a  sufficient  Deed  of  the  Land 
within  Mentioned,  which  shall  be  deemed,  &  held  good  &  Valid  in 
the  Law  to  all  intents  &  purposes  whatsoever.     [Passed  October  21. 


CHAPTER    219. 


VOTE   IN  REGARD  TO    DISPOSITION    OF    FORCES   ON    FRONTIERS    AND 
ALLOWING  BOUNTY  FOR  INDIAN  SCALPS  AND   CAPTIVES. 


Legislative 
Records  of  the 
Council,  xxi., 
305.    Mass. 
Archives, 
Ixxvi.,  123. 

House  Jour- 
nal, pp.  207, 212, 
213.    Ante, 
p.  472,  chap. 
364. 


Voted,  that  his  Honour  y^  Commander  in  Chief,  be  desir'd  to  give 
orders  that  one  half  of  Cap*  Freeman's  Comp'*  at  S*  Georges  &  one 
half  of  Cap*  Nicholls  Comp*  at  Sheepscot,  and  all  y^  Eest  of  y* 
Scouting  Companies  on  the  Eastern  Frontiers,  be  dismiss'd  y*  1=* 
of  Nov'  next  &  the  other  lialf  of  Cap*  Freemans  &  Cap*  Nicholls 
Companies  be  continu'd  on  Duty  as  heretofore  till  y''  20*^  of  S'' 
Month;  That  all  those  destin'd  at  y^  Forts  &  Garrisons  on  y*  East- 
ern Frontiers  be  continu'd  untill  further  orders  of  this  Court,  and 
also  that  his  Hon''  y*"  Commander  in  Chief  be  desir'd  to  give  orders 
for  the  Inlisting  150  able  Body'd  men,  to  range  the  Hunting  Ground 
of  the  Indians  between  y^  Eastern  Frontiers  &  Canada  under  proper 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  617 

Officers  for  four  weeks  from  the  time  of  their  Marching  Who  shall 
be  Obliged  to  keep  a  Journall  &  return  the  same  into  the  Secretary's 
office  immediately  after  their  return ;  that  their  Pay  &  Subsistance 
be  the  same  as  has  been  allow'd  y*"  s''  Scouting  Companies  the  Sum- 
mer past,  &  be  provided  with  Snow  Shoes  for  that  End  to  be  return'd 
when  s*^  Service  is  over;  and  also  that  they  be  allow'd  &  paid  out  of 
the  publick  Treasury  one  hundred  pounds  for  Each  Enemy  Indian 
Scalp  they  shall  Produce  to  the  Govern''  &  Councill  &  One  hundred 
And  ten  Pounds  for  Each  Indian  Captive 

That  his  Hon''  be  desir'd  to  give  Orders  that  the  Thirty  men  des- 
tin'd  as  a  Scout  between  Merimack  &  Connecticut  Rivers,  be  dis- 
miss'd  the  first  of  Nov""  next,  and  the  Remainder  on  y*"  Western 
Frontiers  be  continu'd  till  further  Orders  of  this  Court.  \^Passed 
October  22.' 


CHAPTEE    220.  K^o^the 

Council,  xxi., 
304. 

VOTE  DESIRING  THE  LIEU^  GOVERNOR  TO  APPOINT  A  DAY  OF  THANKS-  = • 

r'I-^7T^^Jr'  House  Jour- 

GIVING.  jjaj^  p  222. 

Book  of  Com- 

Voted  that  his  Honour  the  Lieuten'  Governour  be  desired  with  the  prodamatfons, 
Advice  of  his  Majesty's  Council  to  issue  his  Prolamation  appointing  Love%' Fast*^" 
a  Day  of  public  Thanksgiving  to  be  observed  thro  the  Province  for  and  Thanks- 
divine  Mercies  received  in  the  Course  of  the  Year  pass'd."    [^Passed*  ft^iJ^^lg. 
October  28.  land,  p.  497. 


CHAPTEK    221. 

ORDER  ALLOWING   £225  FOR  SUBSISTENCE   TO   THE   MARCHING  FORCES 
IN   WORCESTER  COUNTY. 

Ordered,  That  there  be  paid  out  of  the  Public  Treasury  into  the  Legislative 
hands  of  the  Committee  of  War  the  sum  of  two  hundred  and  twenty  councif  xxi!*^ 
five  Pounds  to  be  forwarded  by  them  to  John  Chandler  jun""  Esq''  to  sos.   Mass. 
be  by  him  paid  to  such  of  the  three  hundred  Men  draughted  out  of  ixxrV-^m. 
the  Regiments  in  the  County  of  Worcester  to  reinforce  the  Army  Mass.  ' 

Near  Lake  George,  who  shall  Actually  march  in  said  service  allow-  ^j^xxfu  79 
ing  to  each  Man  ten  days  subsistence  at  the  rate  of  one  shill^  &  six  House  Jour-" 
pence  ^  day.  Or  otherwise  to  be  returned  into  the  Treasury  again.  ^nte,'-^m, 
{Passed  October  23.  f  lei.l^hip'. 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  October  23. 

'  The  Thanksgiving  was  appointed  for  November  25,  1756,  and  was  public. 


618 


Province  Laws  {Resolves,  ete.).  — 1756-57.  [Chaps.  222,  223.] 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Seventeenth  Day  of  November,  A.D.  1756. 


CHAPTER    222. 


Legislative 
Records  of  the 
Council,  xxl., 
310.    Mass. 
Archives,  cxx., 
133. 

House  Jour- 
nal, pp  226, 227. 
Province 
Laws,  ill.,  989, 
chap.  12.  Ante, 
p.  608,  chap. 
194. 


RESOLVE  IN  REGARD  TO  Y=  DATE  OF  BONDS  TAKEN  OF  THE  FARMERS 
OF  THE  EXCISE  FOR  DUTIES  ON  CHINA  WARE  &c. 

Whereas  by  an  Act  of  the  Province  made  &  passed  in  the  last 
Session  of  the  general  Court,  entituled,  '  An  Act  for  providing  & 
Maintaining  two  Armed  Vessels  to  guard  the  Coasts,  &  for  supply- 
ing the  Treasury  with  seven  Thousand  pounds  for  that  End/  it  is 
enacted,  That  the  farmer  of  the  Duties  on  China  Ware,  Tea  &  Coffee, 
shall  give  Bond  with  two  sufficient  Sureties  to  the  Province  Treas- 
urer for  the  time  being,  &  his  Successors  in  said  Office,  in  double 
the  Sum  of  Money  that  shall  be  Contracted  for,  with  Condition 
that  the  Sum  agreed  to  be  paid  into  the  Province  Treasury  for  the 
use  of  the  Province,  at  the  Expiration  of  one  Year  from  the  Date 
of  Such  Bond,  &  no  time  is  therein  appointed  for  such  Date,  & 
Many  of  the  Commiss"  for  farming  such  Duties  have  formerly 
dated  such  Bonds  at  the  Times  of  farming  them ;  ^  And  Whereas  it 
is  reasonable  to  allow  such  farmers  a  short  Time  for  the  Collection 
of  Such  Duties,*  it  is  therefore 

Resolved,  that  the  aforesaid  Bonds  be  dated  one  month  after  the 
Commencement  of  said  Act,  And  that  the  said  Commiss"  are  hereby 
directed  to  take  them  accordingly.     \^Passed  November  18. 


CHAPTER    223. 


Legislative 
Records  of  the 
Council,  xxi., 
310.    Mass. 
Archives,  cix., 
386. 

Legislative 
Records  of  the 
Council,  xxi., 
309  bU.    House 
Journal,  p.  228. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  RELATING  TO  THE  RECEP- 
TION &  ENTERTAINM'^  OF  THE  EARL  OF  LOUDOUN. 

The  Committee  appointed  to  take  under  Consideration  that  part 
of  his  Honour's  Message  relating  to  the  Keception  &  Entertainment 
of  his  Excellency  the  Eight  Hon*''"  the  Earl  of  Loudoun,  during  his 
Residence  here,  humbly  report  it  as  their  Opinion  that  the  Gentle- 
men, Commissioners  chosen  to  wait  on  his  Lordship  be  directed  upon 
their  Arrival  at  Albany  to  inform  themselves  in  some  Way  &  Manner 
that  they  shall  judge  most  decent  &  proper,  what  Retinue  and  Equip- 
age his  Lordship  may  probably  bring  with  him ;  and  as  soon  as  may 
be  to  inform  the  Secretary  of  the  same.  And  that  there  be  a  Com- 
mittee appointed  to  provide  a  suitable  House  &  Furniture  for  his 
Lordship's  Reception,  in  Case  it  shall  appear  to  be  most  agreable 
to  his  Lordship  to  reside  in  a  seperate  House.  Or  that  the  said  Com- 


^  The  words  "An  Act  . 
underlined  in  the  original. 


for  that  End  "  and  "  And  Whereas 


Such  Duties  "  are 


[4th  Sess.]     Province  Laws  (JResolves,  etc.).  — 1756-57.  619 

mittee  be  directed  to  make  Provision  for  his  Lordship's  Eeception, 
on '  any  other  Way  &  Manner  that  shall  appear  to  be  more  agreable 
to  him.     Which  is  humbly  submitted, 

Akdrew  Oliver  per  Order. 

In  Council  Read  &  Accepted  And 

Ordered  that  Andrew  Oliver  Esq^  with  such  as  the  Hon'''*'  House 
shall  appoint  be  a  Committee  for  the  Purposes  above  mentioned. 
In  the  House  of  Rep^ 

Read  and  Concurred,  and  M'  Speaker  &  M'  Flucker  are  Joined  in 
the  Affair.     [Passed  November  18. 


CHAPTER    224. 

VOTE  APPOINTING  A  COM^ee  tO   WRITE   TO  M«  BOLLAN  IN  REGARD  TO 
THE  DISPOSITION  OF  HIS  MAJESTY'S  PRESENT  OF  FIRE  ARMS. 

Whereas  M""  Agent  Bollan  gave  Information  to  this  Government  nf^'^'^*^^f  ^v, 
in  his  Letter  to  the  Secretary  dated  Henrietta  Street  24*''  May  1755.  council,  xxi., 
that  his  Majesty  had  caused  2,000  Stand  of  Arms  to  be  sent  to  the  Archives^' 
Province :  with  which  Arms  the  Troops  that  went  from  hence  the  ixxvi.,  uo. 
last  year  to  Nova  Scotia  were  accoutered ;  and  have  never  yet  been  Legislative 
received  into  the  Province  Stores.  councif.xxi.,^ 

Voted.     That  the  Committee  appointed  to  consider  of  a  proper  jo^unm?"p%20 
method  for  obtaining  Cannon  &  Stores  for  the  Province  be  directed  (August,  1755) ; 
to  write  to  the  Agent  to  obtain  an  authentic  copy  of  the  original  p^*  "'•  "  • 
order  for  sending  said  Arms  to  the  Province ;  and  to  make  applica- 
tion for  a  new  order  to  replace  them:  and  the  said  Committee  are 
directed  to  furnish  the  Agent  with  any  information  they  can  obtain 
concerning  the  present  disposition  of  the  Arms  aforesaid.     [Passed 
November  19. 


CHAPTER    225. 

VOTE  EXCUSING  THE   ASSESSORS  FROM  ANY  PENALTY  FOR  NOT  FUR- 
NISHING  LISTS   OF   VALUATION    OF   ESTATES. 

Whereas  the  Assessors  of  the  several  Towns  &  Districts  within  Legislative 
this  Province,  that  were  chosen  in  the  Year  1755,  are  obliged  by  coun^clf  xx?'^ 
Law  to  transmit  on  Oath,  into  the  Secretary's  Office,  a  true  &  per-  3il 
feet  Copy  of  the  List  &  Valuation  of  Estates,  by  which  they  made  Mass. 
the  [Province  Tax] '  in  their  particular  Towns  &  Districts  for  the  Mi?'"Llgi8ia." 
Year  1755,  and  also  a  true  Copy  of  the  Rate  Bill  of  the  Province  t|7e®c^';f°cu^  °^ 
Tax  in  the  Year  1755  by  the  last  day  of  December  1756,  on  Pen-  xxi.,  310. 
alty  that  each  Assessor  neglecting  his  Duty  therein,  shall  forfeit  ^aTp^  229"'^' 
and  pay  the  Sum  of  five  pounds:  And  Whereas  there  is  a  Bill  £^"^3°^?  959 

for  the  more  equitable  taking  the  valuation  of  the  Estates  in  this  chap. '44.' 
Government  now  lying  before  the  Court  &  is  referred  to  the  next 
Sitting  of  this  Court :  Therefore, 

Voted  that  the  several  Assessors  aforesaid  be  excused  from  any 
Penalty,  in  not  complying  with  their  duty  above  mentioned,  within 
the  time  limitted :  And  that  they  do  not  proceed  in  taking  a  list  of 
Valuation  until  the  Next  sitting  of  this  Court.    [Passed  November  19. 

»  Sic. 

^  Inserted  from  the  House  Journal,  p.  229. 


620 


Province  Laws  (i?eso/ves,  e^c).  — 1756-57.  [Chaps.  226-229.] 


CHAPTEK    226. 


Legislative         RESOLVE  TRANSFERRING  £1,000  FROM  THE  APPROPRIATION  FOR  GRANTS 

Records  of  the  xO  THE  APPROPRIATION  WHERE  THERE  IS  NO  ESTABLISHMENT. 

Council,  XXI., 

312. 

Province  Resolvecl '  that  there  be  a  Transfer  of  the  Sum  of  One  thousand 

Laws,  iii^ 980,   pouncls,  from  the  Appropriation  of   Grants  to  the  Appropriation 
Journal,  p.  230.  where  there  is  no  Establishment  and  that  the  Treasurer  conform 


Legislative 
Records  of  the 
Council,  xxi., 
312. 

House  Jour- 
nal, p.  230. 


himself  accordingly.     [^Passed  November  19. 


CHAPTEK    227. 

ORDER  REFERRING  ALL  UNFINISHED  MATTERS. 

Ordered  that  the  several  Matters  which  lay  before  the  Court  the 
last  Sitting  be  revived,  and  that  the  Consideration  of  the  same  be 
referred,  and  have  the  same  day  at  the  next  Sitting  of  the  Court. 
[Passed  November  19. 


CHAPTEK    228. 


ORDER  GRANTING  TO  EBENEZER  ELLINGWOOD  LICENCE  TO  KEEP    AN 

INN. 


Legislative 
Records  of  the 
Council,  xxi., 
312.    Mass. 
Archives,  cxi., 
391. 

House  Jour- 
nal, p.  230. 


A  Petition  of  Ebenezer  Ellingwood  of  Beverly  in  the  County 
of  Essex  setting  forth  that  he  is  Owner  of  an  House  in  said  Town 
situated  near  the  Ferry  which  has  for  many  Years  past  been  im- 
proved as  a  Tavern,  that  the  present  Tenant  being  about  to  move 
out  of  it,  he  proposes  to  remove  into  it  himself;  And  praying  that 
the  Justices  of  the  Court  of  General  Sessions  of  the  Peace  for  said 
County  may  be  impowered  to  grant  him  a  Licence  to  keep  a  Tavern 
there  he  having  obtained  the  Approbation  of  the  Select-men  of  said 
Town 

Bead  And 

Ordered^  That  the  Prayer  of  this  Pet"  be  granted,  &  That  y®  Jus- 
tices of  &^  Court  of  Sessions  be  &  hereby  are  impowerd  to  license 
the  Pet"  Accordingly.     [Passed  November  19. 


CHAPTEK    229. 


Legislative 
Records  of  the 
Council,  xxi., 
312.    Mass. 
Archives, 
Ixxvi.,  144. 

Legislative 
Records  of  the 
Council,  xxi., 
309.    House 
Journal, 
pp.  228,  229, 230. 
Ante,  p.  618, 
chap.  223. 


VOTE  SUBSTITUTING  SAMUEL  WELLES,  ESQ'',  FOR   COL.    ROBERT    HALE 
ON  THE   COMMISSIONERS  TO  GO  TO  ALBANY. 

This  day  being  appointed  for  the  Choice  of  a  Commissioner  to 
repair  to  Albany  to  wait  on  his  Excellency  the  Right  Honourable 
the  Earl  of  Loudoun  in  the  Room  of  Robert  Hale  Esq''  who  has 
declined  that  Service  When  The  Hon'''''  Samuel  Welles  Esq'  was 
Chosen  by  a  Major  Vote  of  the  Council  and  Representatives.  [Passed 
November  19. 

*  The  House  Journal,  p.  230,  reads,  "  Ordered." 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  621 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Sixth  Day  of  January,  A.D.  1757. 


CHAPTEE    230. 

ORDER  IMPOWERING  DAN^-  SARGENT  TO  EXPORT  CORN  TO  BARBADOES. 

A  PETITION  of  Daniel  Sargent  praying  liberty  to  export  two  hun-  Legislative 
dred  and  iifty  bushells  of  Corn  to  Barbadoes  upon  giving  Bond  to  coSm;'u,  xli!^* 
land  the  same  there.  318.   Mass. 

T->       ,  T  Archives,  Ixv., 

Kead  and  274^ 

Ordered  that  the  Prayer  of  this  Petition  be  granted  and  that  the  Mass. 
Petitioner  be  allowed  to  export  the  two  hundred  and  fifty  bushells  ^4*''^House^"* 
of  Corn  abovementioned  to  the  Island  of  Barbadoes  he  giving  Bond  Journal,  p.  236. 
in  one  thousand  Pounds  Sterling  to  Land  the  said  Corn  in  the  Island  Laws,'^?^, loes, 
of  Barbadoes  aforesaid;  And  the  Commiss'^  of  Impost  is  hereby  im-  °ote.^  ^^^^^ 
powered  and  directed  to  take  the  said  Bond  which  shall  be  Cancelled  261. 
on  the  Petitioners  producing  a  Certificate  from  the  principal  Officer 
of  the  Customs  of  the  said  Island  that  the  said  Corn  was  bona  fide 
landed  and  disposed  of  there.     \_Passed  January  7. 


CHAPTER    231. 

ORDER  IMPOWERING  BENJ^  &  EDW^  DAVIS  TO  EXPORT  PROVISIONS  TO 

ANTIGUA. 

A  Petition  of  Benjamin  and  Edward  Davis  praying  leave  to  Legislative 
export  Fifty  barrells  of  Beef  to  the  Island  of  Antigua  they  being  counctf,  xli!^* 
readv  to  enter  into  Bonds  for  the  delivery  of  them  in  said  Port.        3ls.   m.-Iss. 

-r-,  *^     ,  ,  "^  Archives,  Ixv., 

Eead  and  281. 

Ordered  that  the  Prayer  of  this  Petition  be  granted  and  that  the  House  Jour- 
Petitioners  be  and  hereby  are-  allowed  to  Transport  the  Beef  above-  provinc?' 
mentioned  they  giving  Bond  to  the  Commissioner  of  Impost  in  the  Laws,  111., loes, 
Sum  of  One  Thousand  Pounds  Sterling  to  Land  the  said  Beef  in  the  p?27b, c'hap.' 
Island  of  Antigua  aforesaid.  And  upon  producing  a  Certificate  from  26I. 
the  principal  Officer  of  the  Customs  of  the  said  Island  of  Antigua 
that  the  said  Beef  has  Bona  fide  been  Landed  &  disposed  of  there, 
the  said  Bond  to  be  Cancelled.     \^Passed  January  7. 


622 


Province  IjA^^s  {Resolves,  etc.) .  — 1756-57.  [Chaps.  232-234.] 


CHAPTEK    232. 


ORDER  IMPOWERING  THE  ASSESSORS  OF  SOUTH  PRECINCT  IN  DANVERS 
TO  ISSUE  WARRANTS  FOR  TAXES  AND  CONFIRMING  THE  PREVIOUS 
ACTS   OF  THE   COLLECTORS   THEREOF. 


Legislative 
Becords  of  the 
Council,  xxi., 
319.    Mass. 
Archives, 
cxvii.,  257. 

House  Jour- 
nal, pp.  233, 237. 
Province 
Laws,  iii.,  1054, 
note. 


A  PETITION  of  Daniel  Epes  in  behalf  and  by  order  of  the  Assessors 
in  the  South  Parish  in  Danvers  shewing  that  the  Sum  of  two  hun- 
dred Pounds  hath  been  assessed  on  the  Inhabitants  of  said  Parish 
in  the  year's  1754.  and  1755,  but  that  the  Warrants  given  to  the 
Collectors  to  collect  the  same  being  supposed  to  be  insufficient  many 
of  the  Inhabitants  refuse  to  pay  their  proportion  of  said  Taxes  and 
praying  for  Eeleif. 

Eead  and 

Ordered,  That  the  Present  Assessors  of  the  South  Precinct  in  the 
District  of  Danvers  be  and  hereby  are  impowered  and  directed  to 
issue  New  Warrants  in  due  form  of  Law  to  the  Collectors  of  Said 
precinct,  to  whom  the  Taxes  were  committed  for  the  years  1754  & 
1755,  to  compleat  their  said  Collections,  &  pay  in  the  same  into  the 
precinct  Treasury;  And  that  the  said  Collectors  proceedings  on  their 
former  Warrants  are  hereby  Confirmed,  any  supposed  defect  in  said 
Warrants  notwithstanding.     [Passed  January  7. 


CHAPTEK    233. 


ORDER  GRANTING  TO  HANNAH  PECKER  LICENCE    TO  KEEP  AN  INN. 


Legislative 
Records  of  the 
Council,  xxi., 
321.    Mass. 
Archives,  cxi., 
394. 

House  Jour- 
nal, p.  237. 


A  Petition  of  Hannah  Pecker  shewing  that  her  late  Husband 
John  Pecker  had  a  License  to  keep  a  public  House  in  Haverhill 
but  that  he  is  now  deceased,  therefore  praying  that  the  Court  of 
General  Sessions  of  the  Peace  may  be  enabled  to  grant  her  a  License 
for  that  purpose. 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted,  as 
that  the  Justices  of  the  Court  of  General  Sessions  of  the  peace  for 
the  County  of  Essex  be,  and  hereby  are,  impowered  to  grant  the 
Petitioner  a  Licence  if  they  see  fitt  at  their  next  term  to  keep  an 
house  of  public  Entertainment  in  the  Town  of  Haverhill,  she  first 
Obtaining  the  Approbation  of  the  Select  Men  of  said  Town,  the 
Time  for  granting  Licences  being  elapsed  Notwithstanding.  [Passed 
January  8. 


CHAPTEE    234. 


VOTE    ACCEPTING    REPORT    OF    COMMISSIONERS    TO    WAIT    ON    LORD 
LOUDOUN   AT   ALBANY. 


Legislative 
Records  of  the 
Council,  xxi., 
323.    Mass. 
Archives,  i.,  9. 

Mass. 
Archives,  1.,  9. 


The  Eeport  of  the  Commissioners  appointed  by  the  Court  to 
wait  on  the  Eight  honourable  the  Earl  of  Loudoun  at  Albany. 

Pursuant  to  Instructions  received  from  his  Honour  we  proceeded 
to  Albany  and  after  having  made  the  compliments  of  the  General 
Court  to  his  Lordship  we  delivered  him '  copy  of  our  Commission 

*  Sic,  for  "the,"  as  in  State  Library  copy,  Legislative  Records  of  the  Council,  xxi.,  320. 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  623 

and  had  repeated  conferences  with  him  npon  the  principal  business  House  Jour- 
we  were  instructed  upon,  and  represented  the  inability  of  the  prov-  ^ntF,'^^m5, 
ince  to  answer  the  present  demand  of  money  for  the  pay  of  the  ^'^j^Pj  ^^^' 
Forces  return'd  from  the  expedition  in  as  strong  a  light  as  it  was  229. 
in  our  power  to  do. 

His  Lordship  treated  Us  with  great  goodness  and  at  the  same  time 
with  plainess  &  freedom,  and  was  pleased  to  acquaint  Us  that  being 
without  any  instruction  upon  this  point,  &  the  circumstances  of  the 
Eegular  Forces  requiring  what  Money  was  then  in  the  Treasury,  it 
was  not  in  his  power  to  make  any  advance  to  Us,  but  his  Lordship 
assured  Us  that  he  would  recommend  the  case  of  the  Province  in 
his  public  letters,  and  he  was  pleased  to  give  us  his  advice,  as  to 
the  form  of  the  Accounts  &  the  method  of  application,  and  we  are 
well  assured  that  his  Lordship  is  well  disposed  to  promote  the  Inter- 
est of  the  Province.  Having  received  this  answer  from  his  Lordship 
we  return'd  home  without  any  delay.  The  Small  pox  being  in 

Albany  prevented  Sir  William  Pepperell's  going  into  the  City. 

Read  &  accepted.     [^Passed  January  8. 


CHAPTER    235. 

ORDER  ALLOWING   £6  AND   AN  ADDITIONAL  20,'  ANNUALLY   TO    WILLI^ 

THORNE. 

A  Petition  of  William  Thorne  shewing  in  the  year  1748  he  had  Ji^g*^!?**'^^ 

.  Kgcoi'qs  or  i06 

the  Misfortune  to  lose  his  Arm  in  his  Majesty's  Service  at  the  East-  council,  xxi., 
ward  for  which  he  has  received  no  allowance  since  the  year  1750,  ArchwesT" 
And  praying  some  further  Allowance  for  the  time  past,  and  a  pen-  ixxvi.,  2i6. 
sion  for  the  future.  Mass. 

T-i        T  1  Archives, 

Kead  and  ixxvi.,  215. 

Ordered,  that  there  be  allowed  &  paid  out  of  the  public  Treasury  ^^^i^ppi^jsg.'^ki. 
to  the  Pet"^  the  sum  of  Six  pounds  for  his  Sufferings  mentioned  for  Province 
six  Years  past ;  and  That  he  be  also  allowed  the  sum  of  twenty  Shil-  chap.  38.  ''     ' 
lings  Annually,  untill  the  further  Order  of  this  Court.     {^Passed 
January  10. 

CHAPTER    236. 

ORDER  GRANTING  TO   BENJAMIN  PROCTER  LICENCE  TO    SELL    STRONG 

DRINK. 

A  Petition  of  Benjamin  Procter  praying  that  the  Court  of  Gen-  Legislative 
eral  Sessions  of  the  Peace  for  the  County  of  Suffolk  may  be  empow-  councff  xx^i!*^ 
ered  to  grant  him  a  License  to  retail  strong  Liquors  in  the  Town  of  325.  Mass. 
Boston  in  a  House  that  has  been  heretofore  licensed.  iss.        •  -  -  •• 

Eead  and  Mass. 

Ordered,  that  the  Prayer  of  this  Pet°  be  so  far  granted,  as  that  ^f '"hous'c'''''' 
the  Justices  of  the  Court  of  General  sessions  of  the  peace  for  the  Journal, 
County  of  Suffolk  be  and  hereby  are  impowered  at  their  next  ses-  pp-^^^'^^Si    0. 
sions  to  be  held  by  Adjournm''  on  Wednesday  the  3*^  Feb^  Next, 
to  gra[n]t  the  Pet^  a  Licence  (if  they  see  fitt)  to  retail  spirituous 
Liquors  in  the  town  of  Boston,  He  first  obtaining  the  Approba- 
tion of  y®  Select  Men  of  s"^  Town,  the  time  for  granting  Licences 
being  elapsed  notwithstanding.     {^Passed  January  10. 


624: 


Province  Laws  {Resolves^  etc.).  — 1756-57.  [Chaps.  237-239.] 


Legislative 
Records  of  the 
Council,  xxi., 
326.    Mass. 
Archives,  cxx., 
140. 

Mass. 

Archives,  cxx., 
139.    House 
Journal, 
pp.  234,  239. 


CHAPTER    237. 

ORDER   GRANTING    TO    BENJAMIN    &    JOHN    WALDO    LICENCE    TO    SELL 

STRONG  DRINK. 

A  Petition  of  Benjamin  &  John  Waldo  of  Boston  Distillers 
shewing  that  they  have  purchased  a  Still  House  since  the  time 
allow'd  by  Law  for  granting  Licenses,  and  praying  that  the  Court 
of  General  Sessions  of  the  Peace  for  the  County  of  Suffolk  may 
be  empowered  to  grant  them  a  License  to  retail  Strong  Liquors. 

Eead  and 

Ordered^  That  the  Prayer  of  this  Petition  be  granted ;  And  that 
the  Justices  of  the  Court  of  general  sessions  of  y®  peace  for  the 
County  of  Suffolk  be  and  hereby  are  impowered  at  their  next  ses- 
sions to  be  held  by  Adjournm*  on  Wednesday  the  2°*^  of  Feb^  Next 
to  grant  y^  Pef^  a  Licence  (if  they  see  fitt)  to  retail  spirituous 
Liquors  at  their  said  Distill  house  in  Boston,  they  first  Obtaining 
the  Approbation  of  the  select  Men  of  said  Town,  the  time  for 
granting  Licences  being  elapsed  notwithstanding.  \^Passed  Jan- 
uary 10. 


Legislative 
Records  of  the 
Council,  xxi., 
327.    Mass. 
Archives, 
Ixxvi.,  224. 

House  Jour- 
nal, pp.  242,  243. 
Ante,  p.  472, 
chap.  364. 


CHAPTEE    238. 

VOTE  DESIRING  THE   LIEU^  GOVERNOR    TO    DISMISS    CERTAIN    FORCES 
ON   THE    WEST"  FRONTIERS. 

Voted,  That  His  Hon""  the  Lieu*^  Gov""  &  Comander  in  Chief,  be 
desired  to  give  Orders  for  dismissing  fifteen  Men  of  the  Garrison 
now  posted  at  Fort-Massachusetts;  Eight  of  the  Men  posted  at  Fall- 
Town  two  Garrisons;  fifteen  of  the  Men  posted  at  Colerain;  the 
twenty  Men  Posted  at  Northfield  &  Greenfield;  the  sixteen  men 
posted  at  Pontoosuck ;  the  Sixteen  Men  posted  at  Stockbridge ;  And 
twelve  of  the  Men  posted  at  the  two  Garrisons  at  Charlemont : 

Also  that  his  Honour  would  be  pleased  to  Continue  in  the  service 
one  Lieuf^  at  Fort  Massachusetts  to  have  y^  Command  of  the  two 
Garrisons  there;  And  one  Lieut*^  to  have  the  Command  of  the  Men 
at  Colerain,  Fall-town,  &  Charlemont,  &  no  more; 

And  that  he  be  further  desired  to  dismiss  the  Armourer  on  on ' 
the  Western  frontiers,  from  the  service;  during  the  Winter  Season. 
{^Passed  January  11. 


CHAPTER    239. 


ORDER  GRANTING  ANDREW  MCKENZIE   RE-TRIAL  OF  AN  ACTION. 


Legislative 
Records  of  the 
Council,  xxi., 
239.    Mass. 
Archives, 
xliv.,  304. 

Mass. 
Archives, 
xliv.,  301. 
Legislative 
Records  of  the 


A  Petition  of  Andrew  M'^Kenzy  of  New  London  in  the  Colony 
of  Connecticut  Merch*  shewing  that  he  was  sued  by  Gamaliel 
Smethers  at  the  Inferiour  Court  of  Common  Pleas  for  the  County 
of  Suffolk  here  in  July  1755,  and  the  Action  continued  to  the  next 
Term,  when  being  out  of  the  Province  he  was  defaulted  &  Judg- 
ment went  against  him,  for  £160  Sterl,  &  Costs,  without  his  know- 
ing the  Suit  had  been  brought  against  him ;  And  at  the  same  time 

1  Sic. 


[5th  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1756-57.  625 

another  Suit  on  the  same  Cause  of  Action  was  brought  against  him  Council,  xxi., 
in  the  Government  of  Connecticut  &  Judgment  recovered  thereon;  journa?,'^^^ 
w°^  two  Judgments  he  must  be  held  to  answer  unless  releived  by  ro- iw,  i52, 222, 
this  Court,  &  praying  that  said  Default  may  be  taken  off,   &  he 
allowed  to  plead,  &  the  Justices  of  the  Inferiour  Court  to  be  held 
in  Boston  in  October  next  may  be  impowered  to  proceed  to  the 
Tryal  of  said  Action,  &  the  Superiour  Court  may  be  directed  not 
to  make  up  Judgment  upon  any  Complaint  that  may  be  entered 
against  him  for  not  prosecuting  his  Appeal. 

Eead  &  thereupon 

Ordered  that  the  default  af ores*^  be  taken  off ;  that  the  Justices 
of  the  Inferiour  Court  of  common  Pleas  in  &  for  the  County  of 
Suffolk  be  directed  &  impowred  at  their  next  term,  to  hear  try  & 
determine  the  same  action,  give  judgment  &  award  execution  in 
the  same  manner  as  if  it  had  now  originated  &  no  default  had  been 
made  thereon  &  that  the  Complaint  referred  to  in  the  Petition  of 
the  s*^  Andrew  be  dismissed,  the  s'^  Andrew'  Mackensie  paying  the 
s*^  Gamaliel  or  his  attorney  the  legal  costs  thereof  &  seasonably  noti- 
fying the  s**  Gamaliel  of  this  order.     [^Passed  January  11. 


CHAPTER    240. 

ORDER  GRANTING  WILLIAM  BLODGET  AND    OTHERS    THE    USE    OF    AN 
ISLAND   IN  MERRIMAC   RIVER. 

A  Petition  of  William  Blodget  and  divers  others  Inhabitants  of  Rgfords'of  the 
Chelmsford  praying  for  a  Grant  of  a  certain  Island  in  Merrimack  council,  xxi., 
Eiver  containing  three  eight  parts  of  an  Acre  for  the  priviledge  ArchivesT" 
and  conveniency  of  Fishing,  they  conforming  to  the  Laws  of  this  cxvii.,  211. 
Province  relating  to  the  catching  of  Fish  in  Merrimack  Eiver,  Mass. 

^  ®  Archives, 

Eead  and  cxvii.,  210. 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted  as  n.°i"pp;^f88|"i89, 
that  the  Petitioners  be  and  hereby  are  allowed  the  use  &  Improve-  J^Vifawfrn^' 
ment  of  the  Island  Mentioned  for  the  catching  of  fish  or  otherwise  sio,  chap.  31. "' 
as  they  shall  see  fitt  during  the  pleasure  of  this  Court.     {^Passed 
January  11. 

CHAPTER    241. 

ORDER  IMPOWERING  ABIGAIL  BROWN,  GUARDIAN,  TO  SELL  AN  INTER- 
EST IN  AN  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 

A  Petition  of  Abigail  Brown  of  Salem  Guardian  of  Mary  Brown  Legislative 
&  Lydia  Brown,  Minors,  shewing  that  the  said  Minors  are  interested  councif,  xxi.,^ 
one  quarter  part  in  an  old  House  &  small  peice  of  Land  thereto  ^rchi^es^^kix. 
belonging  of  the  Value  of  about  forty  eight  pounds,  that  the  said  478. 
House  is  so  out  of  Eepair  as  to  require  near  the  value  of  it  to  be  Mass. 
laid  out  in  order  to  make  it  tenantable  therefore  praying  liberty  to  ^y^^^House^'^'' 
sell  the  said  Minors  share  for  their  benefit.  '^''"^of^'^.,. 

PP  234,24,5. 
Eead  and  Province 

Ordered'Th^i  the  Prayer  of  this  Petition  be  granted;  And  That  cha^ia' ^^^' 
y®  Pef  be,  and  she  hereby  is  impowered  in  her  said  Capacity  of 

*  The  House  Journal,  p.  248,  reads,  "James.'" 


626 


Province  Laws  {Resolves,  etc.).  —  1756-57.  [Chaps.  242-244.] 


Legislative 
Records  of  the 
Council,  xxi., 
331.    Mass. 
Archives,  1.,  10. 

House  Jour- 
nal, pp.  2.i0, '251. 
Ante,  p.  622, 
chap.  234. 
Infra,  chap. 
243. 


Guardian  to  make  &  execute  a  good  and  Sufficient  Deed  of  Sale  in 
the  Law  of  the  Interest  in  the  House  and  Land  belonging  to  the 
Two  Minors  mentioned,  for  the  most  the  same  will  fetch;  she  ob- 
serving the  directions  of  the  Law  relating  to  the  sale  of  real  Estates 
by  Executors  &  Administrators,  And  giving  sufficient  Caution  to 
the  Judge  of  probate  for  the  County  of  Essex  that  the  produce 
thereof,  together  with  the  Interest  Arising  thereon  be  paid  to  the 
said  two  Minors,  as  they  Shall  respectively  Arrive  at  Lawfull  Age. 
[^Passed  January  11. 


CHAPTER    242. 

ORDER  APPOINTING  A  COMMITTEE  TO   WAIT    ON    THE    EARL    OF    LOU- 
DOUN  WITH  THE   COMPLIMENTS   OF  THE  GOVERNMENT. 

In  Council 

Ordered  That  S""  W"^  Pepperrell  John  Osborne  Jacob  Wen- 

dell John  Gushing  Benjamin  Lynde  Samuel  Danforth  Samuel  Watts 
Andrew  Oliver  Thomas  Hutchinson  Stephen  Sewall  Isaac  Royal  John 
Erwing  '  &  William  Brattle  Esq"  with  such  as  the  honourable  House 
shall  appoint  be  a  Committee  to  wait  on  the  Eight  honourable  the 
Earl  of  Loudoun  upon  his  first  Arrival  in  the  Town  of  Boston  & 
to  make  the  Compliments  of  the  Government  to  his  Lordship  upon 
that  occasion. 

In  the  House  of  Eep'' 

Eead  and  Concurred;  &  M'  Speaker,  Col''  Otis,  Judge  Eussell, 
M^  Welles,  M^  Lyman,  Col°  Cotton,  M""  Flucker,  CoP  Miller,  M' 
Gridley,  Col°  Lawrence,  M'  Gibbs  of  Salem,  Col°  Hale,  Col°  Quincy, 
M-^  Pierce,  M'  Tasker,  &  Tho^  Foster  Esq""  are  joined  in  the  Affair. 
\^Passed  January  11. 


CHAPTER    243. 

VOTE  APPOINTING  A  COMMITTEE  TO  WAIT  ON  THE  EARL  OF  LOUDOUN 
TO  ASK  THE   HONOUR  OF  HIS   COMPANY  AT  DINNER. 

Rllords'of  the  ^^^^^  *^^^^  ^^^®  Comittee  appointed  to  wait  on  the  E'  Hor'«  the 
Council,  xxi.,  Earl  of  Loudouii  upon  his  first  arrival,  take  a  suitable  opportunity- 
Archived,  h,  11.  to  ask  his  Lordship  to  do  the  Government  the  Honour  of  dining 
House  Jour-  with  the  Lieutenant  Governor  &  the  said  Committee  of  the  General 
5m 'm  cha  Court  at  a  publick  Entertainment  which  the  Committee  are  to  cause 
^^*  m,  c    p.     ^^  ^^  Provided  accordingly.     \^Passed  January  11. 


CHAPTER    244. 

ORDER  IMPOWERING  THE  LATE  ASSESSORS  OF  CARLISLE  TO  SETTLE 
ALL  ACCOUNTS  AND  ASSESS  AND  COLLECT  A  TAX  THEREFOR,  UPON 
THE   INHABITANTS  THEREOF. 

R^fordfof  the       ^  PETITION  of  Benjamin  Brown  and  William  Fletcher  late  Select- 
Councii.xxi.,    men  and  Assessors  of  the  District  of  Carlisle,  shewing  that  the  late 

1  Sic. 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  627 

District  of  Concord  '  are  considerably  in  debt  and  have  no  Power  to  332.  Mass. 
raise  money  to  pay  the  debts  that  have  arisen  or  may  arise  in  settling  cxviCflo. 
Accounts:  and  praying  that  the  late  Assessors  may  be  impowered  to  House  Jour- 
assess  the  Inhabitants  of  the  said  late  District  and  the  Constables  nai,pp.-i3(),'243. 
to  collect  and  pay  in  the  same  to  the  late  District  Treasurer  in  order  Laws,  in.,  107, 
to  discharge  said  debts.  cIiapierT^l^f' 

Ordered  that  the  prayer  of  the  petition  be  Granted  And  that  the  J^'^g^no^^jj^-' 
Assessors  last  Chosen  in  said  Carlisle  whilst  it  Continued  a  District  ^7Ue,  p.599, 
be  and  they  hereby  are  fully  Authorized  Impowred  and  directed  to  ^^^'^'  ^'°' 
receive  Examine  and  Settle  the  Several  Accounts  of  all  and  every 
person  and  persons  who  had  and  now  have  any  just  demands  on 
said  Carlisle  and  to  lay  a  Tax  upon  and  i^ssess  the  the  ^  poles  & 
Estates  of  the  Inhabitants  of  said  District  according  to  the  List 
of  the  Valuation  of  their  Estates  by  which  their  Last  province  tax 
was  made  for  the  Respective  sums  that  shall  be  found  due  and  to 
Issue  their  Warrant  or  Warrants  directed  to  the  last  Constables 
Chosen  of  said  district  to  Colect  and  gather  the  same  in  like  man- 
ner as  they  were  enabled  to  do  before  the  said  District  was  Annexed 
to  the  Town  of  Concord  And  the  Constables  last  Chosen  by  said 
District  are  hereby  directed  and  Impowred  immediately  after  their 
receiving  their  Warrants  to  Collect  and  gather  such  sum  and  sums 
of  the  said  Inhabitants  as  shall  be  Contained  in  the  Warrant  or 
Warrants  to  them  respectively  directed  under  the  same  penaltys 
as  by  Law  is  provided  to  be  recovered  of  defective  Constables  and 
Collectors,  and  to  finish  their  former  Collections  and  pay  the  whole 
to  the  late  Treasurer  of  the  said  District  who  is  hereby  Impowred  to 
demand  recover  and  receive  the  same  of  the  said  Constables  and 
to  pay  of [f]  the  several  demands  that  shall  be  Allowed  by  the  said 
Assessors  in  as  full  and  ample  manner  as  he  would  have  been  had 
the  said  Carlisle  remained  a  District.     \_Passed  January  11. 


CHAPTER    245. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EXCISE 
ON  TEA,  COFFEE,  ETC.,  FOR  THE  COUNTY  OF  PLYMOUTH  AND  ALLOW- 
ING 57/5  FOR  THE   EXPENSE  THEREOF. 

The  Report  of  the  Committee  for  letting  out  to  Farm  the  duties  Legislative 
of  Excise  on  Tea,  Coffee,  &  China  Ware  in  the  County  of  Plymouth  counclrxxL,^ 
with  their  accompt  of  exjDcnce  being  £2.17.5.  Archives^^cxx 

Read  and  141. 


Ordered,  That  this  report  be  Accepted;  &  That  there  be  allowed  House Jour- 
and  paid  out  of  the  public  Treasury  to  y^  said  Committee  the  sum  ^ntf^v^m^^^' 
of  fifty  seven  ShilP  &  five  pence  in  discharge  of  their  Acc°  exhibited,  chap.  208. 
[Passed  January  11. 


^  Sic,  it  seems,  for  "Carlisle."     See  House  Journal,  p.  236. 
'  Sic. 


628 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  246,  247.] 


Legislative 
Records  of  the 
Council,  xxi., 
333.    Mass. 
Archives, 
cxvii.,  264. 

Mass. 
Archives, 
Ixxvii.,  404; 
cxvii.,  263. 
House  Jour- 
nal, pp.  2.39, 249. 
Ante,  p.  472, 
chap.  364. 


CHAPTER    246. 

ORDER  APPOINTING  A  COMMITTEE  ON  THE  PETITION  OF  THE  INHABI- 
TANTS OF  WEST  HOOSUCK  IN  REGARD  TO  FORT  MASSACHUSETTS 
AND  A  BLOCK-HOUSE  THERE;  ALSO  VOTED  THAT  THE  GARRISON  AT 
THE  BLOCK-HOUSE  HAVE  LIBERTY  TO  BILLET  THEMSELVES  AT  THE 
PROVINCE   CHARGE. 

A  Petition  of  a  Number  of  the  Inhabitants  of  West  Hoosuck 
shewing  that  they  have  built  a  sufficient  Blockhouse  there  agree- 
able to  the  orders  of  the  Government,  that  they  are  allow'd  but 
ten  men  and  are  oblidg'd  to  go  to  Fort  Massachusetts  for  their  sub- 
sistence, and  praying  that  they  may  be  allowed  twenty  more  men 
and  liberty  to  subsist  themselves  for  the  same  consideration  as  is 
allowed  to  the  Commissary,  it  being  very  inconvenient  for  them  to 
travell  so  far  to  fetch  the  Governments  Allowance,  besides  which, 
they  receive  but  a  scanty  allowance,  and  are  greivously  oppressed 
by  the  Commanding  Officer. 
In  the  House  of  Eep* 

Read  and 

Ordered,  That  M"^  Lyman  &  Cap'  Richardson  with  such  as  the 
hon^  Board  shall  join  be  a  Committee  to  Consider  this  Petition  to 
repair  to  Hoosuck  to  examine  y^  State  of  y''  Forts  there.  And  Con- 
sider whether  it  be  most  expedient  to  repair  Fort-Massachusetts  & 
to  keep  a  Garrison  there  &  at  the  Block  house,  or  to  build  a-new 
elsewhere  &  That  the  said  Com*®®  enquire  into  the  Facts  alledged 
in  the  Petition,  &  hear  the  Parties  &  y*  y^  be  &  are  hereby  impow- 
ered  to  take  Evidences  relative  thereto.  On  Oath  And  report. 

Also 

Voted,  That  the  Ten  Men  Stationed  at  West  Hoosuck  as  within 
Mentioned  be  allowed  to  Billet  them  selves  at  y®  Charge  of  the 
Province  Untill  the  further  order  of  this  Court  provided  they  do 
not  charge  more  than  five  shillings  &  four  pence  ^  Week  for  each 
Man. 

In  Council 

Read  &  concur'd  &  Joseph  Halley  Esqr  is  joined  in  the  affair. 
\^Passed  January  11. 


CHAPTER    247. 


Legislative 
Records  of  the 
Council,  xxi., 
334.    Mass. 
Archives, 
Ixxvi.,  227. 

House  Jour- 
nal, p.  250. 


ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered,  That  there  be  Allowed  and  paid  out  of  y®  Public  Treas- 
ury to  Cap'  Joshua  Hutchins  for  the  use  of  Tho^  Wright  forty  eight 
Shillings;  To  Cap*  Jonathan  Whitney  for  the  use  of  Benjamin  Bar- 
nard eleven  Shillings  and  eight  pence ;  to  Cap'  James  Barret  for  the 
use  of  Samuel  Eastabrooke  forty  Nine  Shillings ;  to  M'  Jacob  Porter 
for  the  use  of  Job  Tirrel  thirty  two  Shillings;  and  to  Joseph  Ger- 
rish  Esq''  for  the  use  of  Benjamin  Coker  fifty  Shill^  in  full  Con- 
sideration of  the  Expences  in  their  Petitions  severally  mentioned. 
\Pa8sed  January  12. 


[5th  Sess.]     Province  Laws  {Hesolves,  etc.).  — 1756-57.  629 


CHAPTEK    248. 

ORDER  DESIRING  THE   LIEUT.   GOVERNOUR  TO  DIRECT    THAT    A   CAN- 
NON, ARMS  AND  AMMUNITION  BE  FURNISHED  PROVINCE  TOWN. 

A  Petition  of  the  military  Officers  and  Selectmen  of  Province  Legislative 
Town  representing  their  poor  and  exposed   circumstances  &   the  councif,  xjd!"^ 
great  danger  there  is  of  the  Inhabitants  removing  thence,   with-  sa-t.  Mass. 
out  some  assistance  from  the  Government;  which  would  be  of  great  cxvii., 245. 
damage  to  the  Public,  inasmuch  as  there  is  a  commodious  Harbour  Mass. 
belonging  to  said  Town  to  receive  Vessells  which  may  be  oblig'd  ^xvu  ^lls 
to  put  in  by  stress  of  Weather,  the  Navigators  whereof,  as  well  as  House  Jour- 
people  who  are  often  Unfortunately  cast  ashore  on  the  back  of  Cape  ^^  '^^'    ''     ' 
Cod,  may  greatly  suffer  in  case  of  the   Removal   of  the  Inhabi- 
tants. Therefore  praying  that  they  may  be  allowed  some  Can- 
non, Arms  and  Ammunition  for  their  defence  against  an  Enemy 
that  may  put  into  said  Harbour;  and  that  the  Inhabitants  of  Truro 
may  be  ordered  to  assist  them  in  watching  and  warding. 

Read  and 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted,  as 
that  y®  Inhabitants  of  Said  Town  be  allowed  one  Cannon  of  four 
pound  Shot,  and  twenty  five  small  Arms  with  powder  &  ball  suit- 
able therefor  &  that  the  Military  Company  in  Truro  be  ordered  to 
Assist  y®  Town  of  province  Town  in  such  Divisions  as  they  Shall 
be  ordered  from  time  to  time  to  watch  and  ward ;  And  That  his 
Hon''  y®  Lieu*  Governor  be  desired  to  give  Orders  for  Said  Cannon, 
Arms  And  Ammunition,  and  that  he  direct  Col°  Winslow  the  CoP 
of  said  Regiment  to  pursue  directions,  relating  to  Truro  &  Prov- 
ince Town  as  his  Honour  shall  think  fitt,  The  s*^  Cannon  Arms  &c 
to  be  returned  to  y®  province  when  the  war  is  ended.  [Passed 
January  12. 


CHAPTEK    249. 

ORDER  WITH  NOTICE  REFERRING  THE  PETITION  OF  THE  INHABITANTS 
OF  CHARLTON  AND   THE  GORE  TO  BE  UNITED   INTO   ONE  DISTRICT. 

The  Petition  of  a  Number  of  Inhabitants  of  the  District  of  Legislative 
Charlton  &  a  place  called  the  Gore  praying  as  entred  [a^ite,  p.  516,  council,  xxi., 

""  -  ""  "  .-  g3g_    Mass. 


vcs. 


chap.  468]  together  with  the  order  of  Court  of  the  S'""  of  June  1756  Archi 
[ante,  p.  544,  chap.  36].  <'xvii.,79' 

Read  and  in  as  much  as  it  appears  to  this  Court  that  it  was  by  Mass. 
accident  that  the  order  of  Court  of  y®  8*^  June  last  was  not  com-  cxvii!^v7^.' 
plyed  with  Therefore        _  _  _  ^  na^Pp'^.^s^T. 

Ordered  ihvit  i\\Q  Consideration  of  this  Petition  be  further  Re-  .-J"^?,  p.  516, 
f erred  to  the  Second  Wednesday  of  the  Next  May  Sessions  and  that  p.  544,  chap.  36. 
the  Petitioners  Serve  the  Non-Resident  proprietors  of  Charlton  & 
the  Gore  with  this  Petition  by  Inserting  the  Substance  thereof  in 
One  of  the  Publick  prints  three  Weeks  Successively  that  So  they 
may  Shew  cause  if  any  they  have  why  the  prayer  thereof  Should  not 
be  granted,  and  in  y^  mean  time  it  is  Recomened  they'  the  party s, 
endeavour  to  Accomade  y^  afliair  among  themselves.  [Passed  Jan- 
iiary  12. 

'  Sic,  for  "that."     See  Legislative  Records  of  the  Council,  xxi.,  336. 


630  Province  Laws  {Resolves,  etc.) .  — 1756-57.  [Chaps.  250-252.] 

CHAPTEE    250. 


Legislative 
Records  of  the 
Council,  xxl., 
336.    Mass. 
Archives, 
Ixxvl.,  228. 

Mass. 
Archives, 
Ixxv.,  274,  275, 
429,457,552,590, 
591,672,699; 
Ixxvi.,  1,  30,  31, 
32, 117, 152, 182, 
183, 199, 200. 
House  Jour- 
nal, pp.  238, 239. 


ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  Cap*  Joshua  Hutchins  for  the  use  of  Timothy  Bancroft  thirty 
Six  Shillings,  for  the  use  of  Thomas  Wetherbee  thirty  two  shilP  & 
six  pence  &,  for  the  use  of  Samuel  Poole  thirty  six  ShilP  &  four 
pence;  To  M'' Josiah  Pierce  for  the  use  of  Jonathan  Moodey  twenty 
five  ShilP  &  four  pence,  and  for  the  use  of  Robert  King  Six  pounds; 
to  Cap'  Jabez  Upham  for  the  use  of  Joseph  Foster  fifty  six  Shillings, 
&  for  the  use  of  Uriah  Gilbert  three  Pounds  sixteen  ShilP  &  a  peny ; 
To  Eldad  Taylor  Esq""  for  the  use  of  Eldad  Palmer  thirty  one  shill* 
&  eleven  pence;  To  Cap*  Ithamar  Hubbell  for  the  use  of  William 
Drake  thirty  four  Shillings;  To  William  Richardson  Esq""  for  the 
use  of  Joseph  Wooley  three  pounds;  to  Josiah  Johnson  Esq'  for  the 
use  of  James  Tomson  three  pounds  seven  Shillings  &  five  pence;  To 
M"^  Samuel  King  for  the  use  of  Adonijah  Russell  jun''  three  pounds; 
to  Cap*  John  Brown  for  the  use  of  John  Crowle  Eighteen  Shillings 
&  ten  pence ;  And  to  M'  Eliphalet  Whiting,  for  the  use  of  Robert 
Cooke  Six  Shillings,  being  in  full  Consideration  of  the  Expences 
mentioned  in  their  respective  Petitions.     \^Passed  January  12. 


Legislative 
Records  of  the 
Council,  xxi., 
338.    Mass. 
Archives, 
Ixxvi.,  193. 

Mass. 
Archives, 
Ixxvi.,  192-197. 
House  Jour- 
nal, pp,  250, 253. 


CHAPTEE    251. 

ORDER  ALLOWING   £17.  16.  8  TO   JEDUTHUN  BALDWIN. 

A  Petition  of  Jeduthun  Baldwin ;  shewing  that  He  in  the  year 
1755  being  then  a  Captain  in  the  Crown  Point  Expedition  tarried 
over  the  Winter  at  Fort  William  Henry,  &  by  order  of  the  Com- 
manding Officer  there  took  the  care  &  oversight  of  the  Carpenters, 
Coopers,  &  other  Workmen  the  greatest  part  of  the  time  from  Jan- 
uary to  may  last  during  which  time  he  dealt  out  of  his  own  Stores 
both  to  them  &  to  the  Sick  many  articles  for  their  comfort,  & 
refreshment,  the  Commissary  being  destitute  of  them.  And  pray- 
ing an  allowance  for  his  said  service  and  Expence. 

Read  and 

Ordered,  That  there  be  allowed  And  paid  out  of  the  public  Treas- 
ury to  the  Pef  the  Sum  of  Seventeen  Pounds  sixteen  Shillings  and 
eight  pence,  in  full  discharge  of  the  Acc°  exhibited.  \^Passed  Jan- 
uary  12. 


CHAPTEE    252. 


Legislative 
Records  of  the 
Council,  xxi., 
338.    Mass. 
Archives, 
xiv.,  2. 


ORDER  REMITTING  FINES   TO  JONATHAN  SHEPLE. 

A  Petition  of  Jonathan  Sheple  of  Groton,  Husbandman,  shew- 
ing that  about  four  years  ago  he  was  in  a  melancholy  frame  of  mind, 
during  which  he  lost  his  Wife,  which  added  to  his  distress,  in  which 
unfortunate  situation  he  neglected  attending  upon  public  worship. 


[5th  Sess.]     Province  Laws  (i?6So?ves,  ete.).  — 1756-57.  631 

as  he  had  usually  done  both  before  &  since.  That  he  had  been  pre-  Mas8. 
sented  by  the  Grand  Jury  four  times  for  his  said  neglect  &  that  he  xiT.fh^^^House 
had  four  Warrants  serv'd  on  him,  and  recogniz'd  in  the  Sum  of  three  "^*'"t?f''o4g 
poundsoneach  warrant,  but  neglecting  to  appear  or  make  any  defence;  ^^'     ' 
Judgment  was  entred  against  him  for  the  Forfeiture  &  Costs  amount- 
ing to  upwards  of  Twenty  four  pounds,  which  he  accordingly  paid 
to  the  Clerk,     and  praying  that  his  said  Fines  may  be  remitted. 

Eead  and 

Ordered,  that  the  Prayer  of  this  Petition  be  granted;  And  that 
the  several  fines  mentioned  therein  be  remitted  to  y^  Pef  And  that 
the  Clerk  of  the  Court  of  Gen'  Sessions  of  y"  peace  for  y*"  County 
of  Middlesex  be  and  he  hereby  is  directed  to  pay  the  same  accord- 
ingly.    [Passed  January  12. 


CHAPTER    253. 


ORDER  ACCEPTING    REPORT    OF    COMMITTEE    FOR    FARMING    THE    EX-  Legislative 
CISE   ON   TEA,  COFFEE,  ETC.,  FOR   THE   COUNTY   OF    MIDDLESEX    AND  Records  of  the 
ALLOWING   42/6   FOR   THE   EXPENSE   THEREOF.  SSg^'^Mas^f^^'' 

Archives,  cxx., 

The  Eeport  of  the  Committee  for  letting  out  to  farm  the  duties 


of  Excise  upon  Tea,  Coffee  &  China  Ware  in  the  County  of  Middle-  SurppS257. 
sex  with  their  account  of  Expence  amo'  to  £3.9.6,  Province 

-r»       1  1     »  i     T  T  Laws,  111.,  1063, 

Kead  and  Accepted,  and  note.  Ante, 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas-  Pjg6i2,chap. 
ury  to  the  said  Committee  the  sum  of  forty  two  shillings  &  six  in 
full  discharge  of  their  Acco'  of  Time  &  Expences  exhibited.     [Passed 
January  13. 


CHAPTER    254. 

ORDER  ALLOWING   £5.  0.  8   TO   THE   HEIRS  OF  JONATHAN*  HIDDEN. 

A  Petition  of  Ebenezer  Hidden,  Administrator  to  his  Brother  Legislative 
Jonathan  Hidden,  shewing  that  his  said  Brother  was  an  Ensign  in  councif  xx^^^ 
Capf^  Joseph  Ingersols  Company  at  Fort  William  Henry,  where  he  339. 
dyed,  &  after  his  Death  his  Gun  &  Cloathing  were  sold  for  Five  House -Jour- 
Pounds  eight  shillings,  which  money  was  received  by  said  Capt°  ii''^1'PP-244,253. 
Ingersol,  «&  as  the  said  Capt"^  is  in  his  Majesty's  Service,  he  cannot 
come  at  the  money  without  the  Aid  of  this  Court. 

Therefore  praying  that  they  would  give  orders  that  the  said 
Sum  may  be  stop't  out  of  Capt''  Ingersol's  Wages  and  paid  to 
the  Petitioner. 

Eead  & 

Ordered  that  the  prayer  of  this  Petition  be  granted  so  far  as  that 
the  Province  Treasurer  be,  &  he  hereby  is  allow'd  to  pay  out  of  the 
Wages  of  Capt"  Joseph  Ingersol  when  the  Muster  Eolls  shall  be 
made  up,  five  Pounds  and  eight  Pence  to  the  said  Ebenezer  Hidden 
for  the  use  of  the  Heirs  of  the  said  Jonathan.    [Passed  January  13. 


632 


Province  luAVf^ {Resolves, etc.).  — 1756-57.  [Chaps.  255,  256.] 


CHAPTER    255. 


ORDER  GRANTING  200  ACRES  OF  LAND   TO  DANIEL  GRAINGER. 


Legislative 
Records  of  the 
Council,  xxi., 
340.    Mass. 
Archives, 
Ixxv.,  555. 

Mass. 
Archives, 
Ixxv.,  5.54. 
House  Jour- 
nal, p.  252. 


A  Petition  of  Daniel  Grainger,  shewing  that  he  was  a  Soldier 
in  the  Crown  Point  Expedition  A  D  1755  &  had  the  misfortune  to 
lose  one  hand  by  a  Shot  in  the  engagement  near  Lake  George  on 
the  8""  of  Sejjf  that  year  that  he  is  by  trade  a  Carpenter,  and  by 
said  misfortune  is  rendred  uncapable  of  getting  a  livelihood  by  the 
exercise  of  his  proper  business,  &  having  several  Sons  who  by  their 
Labour  might  be  able  to  provide  for  his  Support  as  well  as  their  own, 
if  he  had  any  land  for  them  to  bestow  their  Labour  upon,  but  hav- 
ing none  he  prays  for  a  Grant  of  some  of  the  unappropriated  Lands 
of  the  Province. 

Eead  and 

Ordered,  That,  In  Consideration  of  the  Petitioner's  great  Suffer- 
ings &  loss  of  time  by  reason  of  his  Wounds  mentioned ;  there  be 
granted  to  him  in  some  of  y®  unappropriated  Lands  within  this 
Province  in  the  County  of  Hampshire  two  hundred  Acres,  to  be 
laid  out  by  a  Skilfull  Surveyor  &  Chain-Men  on  Oath  in  a  regular 
Form,  &  return  a  Piatt  thereof  to  this  Court  within  twelve  months 
for  Confirmation;  the  said  two  hund*^  Acres  to  be  &  remain  to  the 
Said  Dan'  Grainger  his  Heirs  &  Assigns  forever:  Provided  he  the 
said  Dan'  his  Heirs  or  Assigns  fulfill  &  comply  with  the  Conditions 
hereafter  Mentioned ;  Yiz'  That  within  three  years  next  after  the 
present  War  shall  be  over  he  or  they  build  two  good  Dwelling  Houses 
&  Inhabit  y®  same,  the  said  Houses  to  be  not  less  than  sixteen  feet 
square  Eooms,  and  not  less  than  seven  feet  between  joints;  &  fence 
in  not  less  than  ten  Acres  of  Land,  &  break  y®  same  up,  or  stock 
So  much  w*^  English  Grass.     \^Passed  January  13. 


CHAPTER    256. 


ORDER  ALLOWING  £7.4  TO  JOHN  ASHLEY  &  OTHERS. 


Legislative 
Records  of  the 
Council,  xxi., 
340. 

Legislative 
Records  of  the 
Council,  XX., 
502.    House 
Journal, 
pp.  244,  259. 


A  Petition  of  John  Ashley  Esq''  Nathanael  Austin  &  Luke  ISToble, 
shewing  that  by  order  of  the  General  Court  of  25  of  June  1755  they 
made  m  Journey  of  300  Miles  out  &  home  from  Sheffeild  to  Boston 
to  attend  said  Court  &  give  information  respecting  a  Fraud  sug- 
gested to  have  been  committed  by  David  Ingersol.  and  praying 
an  Allowance  for  the  same. 

Read  & 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted  as 
that  there  be  allow'd  &  paid  out  of  the  public  Treasury  to  the 
Petitioners  the  sum  of  seven  pounds  four  shillings  in  consideration 
of  their  time  &  expences  mentioned.     [^Passed  January  IS. 


[5th  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1756-57.  633 

CHAPTEE    257. 

ORDER  CONFIRMING  ACTS   OF   ASSESSORS    OF    SHREWSBURY    2^  PRECr. 

A  Petition  of  Cyprian  Keys  &  iVmariali  Biglo  in  behalf  of  the  Legislative 
Inhabitants  of  the  Second  Precinct  in  Shrewsbury  shewing  that  countdf  xx^!^** 
the  Oath  respecting  the  money  of  the  other  Governments  was  not  341    Mass. 
administred  to  the   officers  of  the  said   Precinct  at  their  March  552. '      '  ^'' 
Meeting  in  1753  by  wliich  means  the  Assessments  made  that  year  House  Jour, 
are  illegal.  And  praying  that  the  said  Assessments  may  be  !?5l]' ''fj"rov*ince' 

established  such  omission  notwithstanding.  Laws,  lu.,  436, 

Read  and  ''''^^■^'■ 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted,  as 
That,  the  Assessment  made  by  the  Assessors  of  said  Precinct  in 
the  year  1752,  be  deemed  good  &  valid  in  Law  to  all  intents  &  pur- 
poses they  having  neglected  taking  y'*  oath  respecting  Bills  of  Credit 
of  y®  Neighbouring  Governm^^  notwithstanding,  and  that  y'^  s''  Col- 
lector be  and  hereby  is  fully  impowered  &  directed  to  Collect  y*^  Taxes 
mentioned  &  pay  y*  same  into  the  s''  Precinct  Treasury.  [^Passed 
January  13. 

CHAPTEE    258. 

ORDER  ALLOWING  16/  6  TO  ISAAC  TEMPLE  &  CYPRIAN  KEYS,  EXECUTORS. 

A  Petition  of  Isaac  Temple  and  Cyprian  Keys,  Executors  of  Refords'ofthe 
Henry  Key  of  Shrewsbury  deceased.  Shewing  that  the  said  Henry  council,  xxi., 
was  a  Soldier  in  the  Crown  Point  Expedition  in  the  year  1755  &  Archives?' 
being  dismissed  before  the  Government  had  made  Provision  for  ixxvi.,  ns. 
subsisting  the  Forces  upon  their  return,  the  s*^  Henry  expended  Mass. 
sixteen  shillings  &  six  pence  of  his  own  money  and  praying  ixxvi.,  177. 

a  Eeimbursement.  ?aTin.S259. 

Eead  and 

Ordered  That  the  Prayer  of  this  Petition  be  granted;  and  That 
there  be  allowed  and  paid  out  of  y^  Public  Treasury  to  the  Pef 
the  Sum  of  Sixteen  shillings  &  six  pence  in  Consideration  of  y® 
Expences  mentioned  in  the  Petition.     [^Passed  January  13. 


CHAPTEE    259. 

ORDER  DIRECTING  THE  PARTITION  OF  AN  ESTATE  AND  IMPOWERING 
HANNAH  GODDARD,  ADM^,  TO  EXECUTE  DEEDS  THEREFOR  AND 
MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Hannah  Goddard  Administratrix  of  Gyles  God-  Legislative 
dard  late  of  Roxbury  deceased,  shewing  that  at  the  Superior  Court  council^  xxi.,^ 

held  at  Boston  on  the  third  Tuesday  of  August  last  she  recovered  '^^ 

against  Gyles  Goddard  Son  of  the  Deceased,  Possession  of  three  ^^^^^^  "^^^^2^^ 
fourths  parts  of  the  deceaseds  Real  Estate  in  Roxbury,  which  Estate  260.'  Province' 
now  lyes  in  common  viz*  three  fourths  thereof  to  the  said  Hannah  chap!'io.'*  ^^^' 
as  Administratrix  &  the  other  fourth  to  the  said  Gyles  the  Son         & 
praying  that  the  Judge  of  Probate  for  the  County  of  Suffolk  may 


634 


Province  Laws  {Resolves,  etc.).  — 1756-57.     [Chap.  260.] 


be  impowered  to  order  Partition  thereof,  &  the  Petitioner  as  admin- 
istratrix may  be  impowered  to  sell  the  share  which  maybe  sett  off 
to  her  for  payment  of  the  debts  of  the  Intestate. 

Eead  and 

Ordered  That  the  prayer  of  this  Petition  be  granted,  &  that  the 
Judge  of  Probate  for  the  County  of  Suffolk  be,  &  he  hereby  is  im- 
powered to  appoint  some  suitable  persons  to  make  a  partition  of  the 
Real  Estate  of  Gyles  Goddard  late  of  Roxbury  deceased  intestate 
containing  about  eleven  Acres  lying  &  being  in  the  Town  of  Rox- 
bury in  manner  following  viz*  one  fourth  of  the  Estate  to  Gyles 
the  Son,  &  three  fourths  to  the  Petitioner  Hannah  as  Administra- 
trix who  is  hereby  impowered  to  make  sale  of  the  said  three-fourths,. 
&  to  execute  a  good  &  sufficient  deed  or  deeds  in  Law  for  convey- 
ance of  the  same,  for  the  payment  of  her  late  Husbands  debts,  she 
observing  the  directions  of  the  Law  relating  to  the  sale  of  Real 
Estates  by  Executors  &  Administrators  &,  giving  sufficient  caution 
to  the  Judge  of  Probates  for  the  County  of  Suffolk  to  be  account- 
able to  the  Heirs  of  the  said  Intestate  for  the  Overplus  arising  by 
such  sale  if  any  there  be.     \^Passed  January  13. 


CHAPTEE    260. 


ORDER  IMPOWERING  THOMAS  GUSHING  TO  SELL  HIS  CHILDRENS  RIGHT 
IN   LANDS   AND   EXECUTE   DEEDS   THEREFOR. 


Legislative 
Records  of  the 
Council,  xxi., 
343.    Mass. 
Arcliives,  xix., 
474. 

Mass. 

Archives,  xix., 
473.    House 
Journal, 
pp.  235,260,261. 


A  Petition  of  Thomas  Gushing  of  Boston  Merchant,  shewing 
that  his  Father  Thomas  Gushing  Esq'  deceased  by  his  last  Will; 
devised  his  Lands  two  thirds  to  him  the  said  Thomas,  and  one 
third  to  his  other  Son  Edward  since  deceased.  That  the  said  Edward 
devised  his  third  part  of  said  Lands  three  quarter  parts  to  his  Sister 
Mary  Gushing,  and  one  quarter  part  to  the  Petitioners  two  daughters 
Mary  &  Margaret  both  Minors.  That  the  Petitioner  and  his  Sister  Mary 
are  desirous  of  selling  their  several  proportions,  and  as  it  would  be 
inconvenient  to  set  off  the  Minors  small  share  in  the  whole,  &  the 
Lands  lie  unimproved  &  are  suffering  AVast,  He  prays  liberty  to  sell 
the  share  belonging  to  the  said  Minors,  he  giving  Bond  to  Account. 

Read  and 

Ordered,  That  the  Prayer  of  this  Pet°  be  granted ;  And  That  the 
Pef  be,  and  he  hereby  is  impowered  to  sell  his  said  Childrens  right 
in  all  or  any  of  the  Lands  therein  mentioned.  And  to  make  and  exe- 
cute in  Due  form  of  Law  a  Deed  or  Deeds  of  Conveyance  thereof  to 
such  person  or  persons  who  shall  be  willing  to  purchase  the  same, 
he  giving  Bond  with  sufficient  Surety  to  the  Judge  of  Probate  for 
y®  County  of  Suffolk  to  account  with  the  said  Children  at  their 
severally  arriving  at  lawf ull  age  for  their  proportion  of  y®  proceeds 
of  such  Sale.     \^Passed  January  14. 


[5th  Sess.]     Province  Laws  (Eesolves,  etc.).  — 1756-57.  635 


CHAPTER    261. 

ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO   DELIVER  BONDS  TO 
STEPHEN  ADAMS  AND  PETER  HAY. 

Ordered  That  M'  Treasurer  Gray  be  and  hereby  is  directed  to  Legislative 
deliver  up  two  bonds  of  two  hundred  pounds  hiwful  money  each  couucu^,  xxi^^f 

now  in  his  Office,  under  the  hands  &  seals  of  Stephen  Adams  and  343^ 

Peter  Hay,  to  the  said  Stephen  and  Peter,  each  of  them  in  the  House  Jour- 
first  place  paying  or  giving  said  Treasurer  a  Bond  with  sufficient  ^'^^'PP-     • 
Sureties  for  their  severally  paying  him  the  sum  of  One  hundred 
Pounds  Sterling  in  six  months  for  the  use  of  this  Province.    [Passed 
January  14. 


CHAPTER    262. 

ORDER  IMPOWERING  EZRA  CONANT,  GUARDIAN,  TO   SELL    LANDS    AND 
MAKING  PROVISION   IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Ezra  Conant  Guardian  to  Josiah  Putney  a  Minor,  Legislative 
shewing  that  Joseph  Putney,  Father  of  the  said  Josiah  by  his  last  coSncff  xxl!'® 
Will  devised  his  Eeal  Estate  to  his  three  Sons,  charged  however  344.  Mass.  ' 
with  an  Annuity  to  his  Widow  and  certain  Legacies  to  his  daugh-  484?  ^''^^''^^'^■' 
ters.  therefore  praying  for  Liberty  to  make  Sale  of  three  small  mi&B. 

peices  of  Land  in  Dudley  (not  capable  of  making  a  Living)  and  with  ^?2*'*"Hou8e'^'' 
the  proceeds  thereof  to  pay  off  the  Legacies  and  annuity  aforesaid.  Journal, 
[Read  &]  ^?o?-?^cf  •^'^• 

Ordered  That  the  Prayer  of  this  Petition  be  Granted  and  that  y^  ^ifa''^'io-'  -^^^ 
said  Ezra  Conant  be  &  he  hereby  is  Impowered  in  his  Said  Capacity 
of  Guardian  to  make  &  Execute  a  Good  Deed  or  Deeds  of  sale  in 
the  Law  of  the  Said  Minors  Interest  in  the  Lands  mentioned  Lying 
in  the  Town  of  Dudley  to  such  person  or  persons  as  shall  be  willing 
to  give  the  most  for  the  Same;  He  Observing  the  Directions  of  the 
Law  Eclating  to  y*  Sale  of  Reall  Estates  by  Executors  &  Adm"  And 
Giving  Sufficient  Caution  to  the  Judge  of  Probates  for  the  County 
of  Worcester  that  the  Produce  thereof,  together  with  the  Interest 
Arising  thereon,  shall  be  truely  Applyed  for  the  payment  of  said 
Minors  part  of  the  Lagacies  ordered  to  be  paid  by  the  Last  Will  & 
Testament  of  his  father  Joseph  Putney  Deceased  &  the  Annuity  to 
his  Mother,  and  pay  the  Overplus  If  any  there  be  to  the  s'^  Minor 
when  he  Comes  of  Age  or  to  his  Legall  Representative.  [Passed 
January  14. 


CHAPTER    263. 

ORDER  IMPOWERING  JOHN  GOODSOE,  ADM^,  TO  EXECUTE  A  DEED. 

A  Petition  of  John  Goodsoe  of  Kittery,  Administrator  of  the  Legislative 
Estate  of  John  Shepherd  of  said  Kittery  deceased  intestate         Shew-  counc^f,  xxi!l® 
ing  that  the  said  Intestate  in  his  life  time  bargain'd  with  M'  Ichabod  345.   Mass. 

•  Archives  YiY 

Goodwin  of  Berwick  for  a  Lot  of  Land  in  Kittery,  &  received  sev-  46i.        ' '    '' 
eral  Sums  in  part  of  pay,  &  by  his  Receipt  promised  to  make  a  good  Mass.  ' 

deed  of  the  same,  but  soon  after  dyed  before  the  said  deed  was  ^o'^'^House^^'* 


636 


Province  Laws  (Resolves,  etc.).  — 175(3-57.  [Chaps.  264,  265.] 


Journal, 
pp.  257,  262. 


made  therefore  praying  that  he  the  said  Administrator  may 

be  authorized  and  impowered  to  perfect  the  aforesaid  Bargain. 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  granted ;  And  that 
y^  said  John  Godsoe  in  his  said  Capacity  of  Admin'  be  &  hereby 
is  authorized  &  impowered  to  make  &  execute  a  good  &  Suffic* 
Deed  of  y"  Land  Mentioned  to  y"  s'^  Ichabod  Goodwin  his  Heirs  & 
Assigns  he  y*"  said  Goodwin  paying  the  Remainder  of  the  sum  yet 
due  to  compleat  the  whole  of  the  Sum  agreed  for  by  the  said  Shep- 
heard  and  Goodwin,  for  his  the  said  Shepheard's  right  in  the  Lott 
of  Land  mentioned;  the  Said  John  Godsoe  giving  Sufficient  Caution 
to  the  Judge  of  Probate  for  the  County  of  York  to  be  Accountable 
for  the  money  He  shall  so  receive.     [Passed  January  15. 


CHAPTER    264. 


ORDER  ALLOWING   £2.  6.  10  TO  JONATHAN  GREEN. 


Legislative 
Records  of  the 
Council,  xxl., 
345.    Mass. 
Archives, 
Ixxvi.,  234. 

House  Jour- 
nal, pp.  261, 262, 
263. 


In  the  House  of  Rep* 

It  appearing  to  this  House  that  there  was  a  Mistake  made  in  the 
Muster  Roll  of  Cap*  Eliphalet  Failes  in  the  wages  of  one  Jonathan 
Green  a  Corporal  in  His  Company  of  forty  five  days  wages  omitted; 

Ordered,  that  there  be  allowed  &  paid  out  of  the  Public  Treas- 
ury to  William  Lawrence  Esq'  for  y*"  use  of  the  s*^  Jon*  Green  the 
Sum  of  two  Pounds  Six  shilP  &  ten  pence,  in  full  Consideration 
thereof. 

In  Council,  Read  &  Concur'd.     [Passed  January  15. 


CHAPTER    265. 


ORDER  IMPOWERING  THE  JUDGE  OF  PROBATE  FOR  THE  COUNTY  OF 
SUFFOLK  TO  ACCEPT  A  BOND  FROM  SAMUEL  WINTHROP,  EXECUTOR, 
IN  LIEU  OF  AN  INVENTORY. 


Legislative 
Records  of  the 
Council,  xxl., 
347.    Mass. 
Archives,  xix., 
472. 

Mass. 

Arcliives,  xix., 
470.    House 
Journal, 
pp.256,  265. 
Province 
Laws,  il.,  977, 
chap.  23. 


A  Petition  of  Samuel  Winthrop  of  Boston,  shewing  that  he  & 
his  Sister  Lucy  Winthrop  are  the  Residuary  Legatees  of  the  last 
Will  and  Testament  of  M"  Lucy  Dudley  late  of  Roxbury  deceased, 
&  that  the  Petitioner  is  sole  Executor  thereof:  that  his  Testator 
had  always  manifested  an  unwillingness  to  have  her  wearing  Apparel, 
Household  Stuff,  and  other  Effects  inventoried ;  &  apprehended  that 
she  had  provided  against  it:  but  inasmuch  as  the  Law  has  made  Pro- 
vision for  the  Security  of  any  residuary  Legatee  that  is  not  Exec- 
utor that  an  Inventory  shall  in  all  such  cases  be  exhibited,  and  no 
bond  accepted  in  leiu  thereof,  he  cannot  avoid  rendring  an  Inven- 
tory without  the  Aid  of  this  Court,  although  his  Sister  the  other 
Residuary  Legatee  is  very  desirous,  that  no  Inventory  may  be  ex- 
hibited therefore  praying  that  the  Judge  of  Probate  may  be 
allowed  to  accept  of  the  Petitioners  Bond,  or  that  he  may  be  other- 
wise releived. 

Read  and 

Ordered,  that  the  Prayer  of  this  Petition  be  so  far  granted  as 
that  the  Judge  of  Probate  &c  for  the  County  of  Suffolk  be  and 
he  hereby  is  allowed  and  directed  to  take  Bonds  of  y^  Pet''  with 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  637 

sufficient  Sureties  for  the  Payment  of  the  Debts  &  Legacies  of  the 
deceased  instead  of  taking  an  Inventory  of  said  Estate.  \_Passed 
January  15 


CHAPTER    266. 

ORDER  ALLOWING  SUBSISTENCE   TO  JOSEPH  FAIRBANKS  AND  OTHERS. 

A  Petition  of  John  Fairbanks  &  twenty  four  others. Soldiers  in  Legislative 
the  Crown  Point  Expedition  A  D  1755  Shewing  that  they  Subsisted  ^^X*^f, "l-!;^ 
themselves  from  the  5"'  to  the  19"'  day  of  June  after  being  mustered,  348    iMilss. 
and  having  repaired  to  the  place  of  Rendesvous  &  praying  that  they  ixxvi.,  i33. 
may  have  an  Alowance  therefor  out  of  the  Province  Treasury.  House  Jour- 

Eead  &  nal,pp.255,267. 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted,  as 
that  there  be  allowed  &  paid  out  of  the  public  Treasury  to  each  of 
the  Petitioners  for  thirteen  days  subsistence,  reckoning  the  same 
at  the  rate  of  four  Shillings  ^  Week,  saving  John  Metcalf  who  is 
not  born  on  Cap*^  Godfrey's  Muster  Roll,  in  Consideration  of  their 
Expences  mentioned.     [^Passed  January  17. 


CHAPTEE    267. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EX- 
CISE ON  TEA,  COFFEE,  ETC.  FOR  THE  COUNTY  OF  YORK  AND  ALLOW- 
ING  £2.  16.  4  FOR  THE   EXPENSE   THEREOF. 

The  Report  of  the  Committee  for  letting  out  to  Farm  the  duties  Legislative 
of  Excise  upon  Tea,  Coffee  and  China  Ware  in  the  County  of  York  councn'S^ 
with  their  account  of  Expence  amounting  to  £2.16.4.  ArcWv^s^^cxx 

Read  and  Accepted ;  And  i44. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas-  Mass. 
ury  to  the  said  Committee  the  sum  of  two  pounds  sixteen  Shillings  ^f^'Houstf'"^'' 
&  four  pence  in  discharge  of  their  Account  of  Time  &  Expences  ^"'^"^•■^'•g?;  ^^* 
exhibited.     {^Passed  January  17.  ciTap'.lii.  ' 


CHAPTEE    268. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EX- 
CISE ON  TEA,  COFFEE,  ETC.,  FOR  THE  COUNTY  OF  NANTUCKET  AND 
ALLOWING  22/4  FOR  THE  EXPENSE  THEREOF. 

The  Report  of  the  Committee  for  letting  out  to  Farm  the  Duties  Legislative 
of  Excise  upon  Tea,  Coffee,  and  China  Ware  in  the  County  of  Nan-  Scff.xxi!!® 

tucket  with  the  Account  of  Expences  amounting  to  £1.2.4.  ^ 

Read  and  accepted  &  House  Jour- 

Ordered  That  there  be  allow'd  and  paid  out  of  the  Public  Treas-  ^nie,v. eu, 
ury  to  the  said  Committee  the  Sum  of  twenty  two  shillings  &  four  cbap.213. 
pence  in  discharge  of  their  account  of  time  and  expences  exhibited. 
\^Passed  January  17. 


638 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  269,  270.] 


Xiegislative 
Records  of  the 
Council,  xxi., 
349.    Mass. 
Archives, 
Ixxxviii.,  49. 

House  Jour- 
nal, pp.  263, 266, 
267.    Province 
Laws,  ill.,  888, 
chap.  24;  iv., 
243,  note. 


CHAPTEK    269. 

RESOLVE  CONSTRUING  AN  ACT  IN  REGARD  TO  BOSTON  LOTTERIES. 

Whereas  in  and  by  an  Act  of  this  Province  made  and  passed  in 
the  Twenty  ninth  Year  of  his  present  Majesty's  Eeign,  Intitled, 
"An  Act  for  raising  a  Sum  of  Money,  by  a  Lottery  or  Lotteries, 
for  the  paving  and  repairing  the  Neck,  leading  out  of  the  Town 
of  Boston,  called  Boston  Neck,"  Mess"  Samuel  Grant,  Thomas 
Hill,  Joshua  Henshaw,  Joseph  Jackson,  Thomas  Gushing,  Samuel 
Hewes  and  John  Scollay  of  Boston,  or  any  Three  of  them,  are 
allowed  and  impowered  to  set  up  and  carry  on  one  or  more  Lottery 
or  Lotteries,  amounting  in  the  whole,  to  such  a  Sum,  as  by  draw- 
ing or  deducting  Ten  per  Cent  out  of  the  same,  or  out  of  each  Prize 
or  Benefit  Ticketts  may  raise  Three  Thousand  Pounds  and  no  more, 
which  Sum  when  raised  should  be  paid  to  the  Town  Treasurer  of 
Boston,  within  ten  Days  after  the  Sale  of  the  Ticketts  for  the  Lot- 
tery or  Lotteries  aforesaid  shall  be  compleated: 

And  whereas  the  aforesaid  Samuel  Grant,  Thomas  Hill,  Joshua 
Henshaw,  Joseph  Jackson,  Thomas  Gushing,  Samuel  Hewes  and 
John  Scollay  have  proposed  to  raise  the  said  Sum  of  Three  Thou- 
sand Pounds  by  five  several  Lotteries,  and  have  accordingly  set  up 
and  carried  on  One  of  the  said  five  already,  whereby  they  have 
raised  Two  Thousand  Dollars  and  paid  the  same  unto  the  Treas- 
urer of  the  Town  of  Boston,  and  are  now  carrying  on  a  Second 
Lottery,  for  the  raising  Twenty  one  Hundred  Dollars  more,  which 
is  near  compleat;  and  whereas  a  Doubt  has  arisen,  whether  the 
Select  Men  of  the  Town  of  Boston  for  the  Time  being,  who  are 
by  said  Act  impowered  to  contract  and  agree  for  the  paveing  and 
repairing  the  Neck  aforesaid,  can  enter  upon  or  begin  the  same 
till  the  full  Sum  of  Three  Thousand  Pounds  be  raised,  and  there- 
upon a  considerable  Sum  of  Money  must  lie  unimproved,  and  the 
Work  not  effected  for  a  long  Time,  which  would  be  a  publick 
Damage. 

Resolved,  That  it  is  the  true  Intent  and  Meaning  of  the  said  Kai, 
that  on  the  said  Samuel  Grant,  Thomas  Hill,  Joshua  Henshaw, 
Joseph  Jackson,  Thomas  Gushing,  Samuel  Hewes  and  John  Scol- 
lay their  receiving  the  Sum  proposed  to  be  raised  by  each  Lottery 
and  paying  the  same  to  The  Treasurer  of  the  Town  of  Boston,  the 
Selectmen  of  said  Boston  for  the  Time  being  be  and  accordingly 
they  hereby  are  authorized  and  impowered  to  begin  and  carry  on 
the  said  Work,  and  to  draw  out  of  the  Treasury  the  Money  so  raised, 
from  Time  to  Time,  for  the  End  and  Use  provided  for  in  said  Act. 
\^Passed  January  17. 


CHAPTER    270. 


ORDER  ABATEING   £506.  13.  4  OF  THE  PROVINCE  TAX  OF  NANTUCKET. 


Legislative 
Records  of  the 
Council,  xxl., 
350.    Mass. 
Archives, 
cxvii.,  261. 


A  Petition  of  Jonathan  Goffin  in  behalf  of  the  Inhabitants  of 
Nantucket,  shewing  that  in  the  course  of  the  last  Year  they  have 
lost  by  the  Enemy  and  Shipwrecks  one  fifth  part  of  all  their  Nav- 
igation, and  upwards  of  One  hundred  Men  or  at  least  the  benefit 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  —  1756-57.  639 

of  their  Service,  »&  have  many  Widows  &  fatherless  Children  thrown  Mass. 
upon  them  for  a  support  by  means  of  said  disasters.  ^xvIl^Ibo. 

And  inasmuch  as  the  greater  part  of  the  Inhabitants  of  said  place  House  Jour- 
are  Quakers  they  are  by  Law  subject  to  the  payment  of  Thirteen  263,' 266.'  Prov-' 
pounds  six  shillings  and  eight  pence  for  each  &  every  man  that  967^chap.^i"^'' 
must  otherwise  have  gone  into  the  public  Service,  the  payment  of  io55,  note, 
which  would  be  very  burthensome  under  their  present  distressing 
circumstances.  Therefore  praying  for  an  Abatement. 

Eead  and 

Ordered,  That  the  Prayer  of  this  Memorial  be  so  far  granted,  as 
that  the  assessors  for  said  Island,  be  and  hereby  are  allowed  in 
making  their  assessment  for  their  province  Tax  for  the  Current 
Year  to  add  thereto  only  the  sum  of  one  thousand  pounds,  for 
deficiency  of  Soldiers,  instead  of  fifteen  hundred  &  six  pounds 
thirteen  Shillings  &  four  pence,  which  was  added  to  them  by  this 
Court,  for  that  reason,  in  the  last  Tax  Act;  And  that  y^  Province 
Treasurer  be  and  herelay  is  directed,  on  their  paying  the  said  one 
thousand  pounds  into  the  Treasury  to  give  a  Discharge  in  full  for 
their  said  Additional  Tax.     [^Passed  January  17. 


CHAPTER    271. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EX- 
CISE ON  TEA,  COFFEE,  ETC.,  FOR  THE  COUNTY  OF  HAMPSHIRE  AND 
ALLOWING   21/   FOR  THE   EXPENSE   THEREOF. 

The  Kepoet  of  the  Committee  for  letting  out  to  farm  the  duties  Legislative 
of  Excise  upon  Tea,  Coffee,  &  China  Ware,  in  the  County  of  Hamp-  councn' xxl!]® 
shire  with  their  account  of  Expence  amounting  to  £1.1.  351.  Mass. 

Eead  and  Accepted ;  And  Archives,  cxx., 

Ordered  That  there  be  allowed  &  paid  out  of  y®  Public  Treasury  m^^^] 
to  the  said  Committee  the  Sum  of  twenty  one  Shillings  in  Dis-  ^s'^^hous*"^^'' 
charge  of  their  Acc°  of  time  &  Expences  exhibited.     VPassed  Jan-  Journal,  ii.  270. 
uary  a.  chap. 206. 


CHAPTER    272. 

ORDER  IN  REGARD  TO  THE  REGULATION  OF  WAGES,  &c.,  IN  THE  LATE 
CROWN  POINT  EXPEDITION. 

Ordered,  That  the  Captains  or  chief  Officers  of  the  several  Com-  Legislative 
panics  in  the  late  Crown-Point  Expedition  in  making  up  the  muster  councif  xxi^^ 
Polls  carry  out  the  Wages  of  each  Non  Commission  Officer  and  Sol-  352.  Mass. 
dier  born  on  their  respective  Polls  from  the  Time  of  their  several  ixx^vi^.Tlle. 
Inlistments  until  they  left  the  Army  by  Dismission  or  Furlough  House  Jour, 
and  until  their  Return  Home,  allowing  fifteen  Miles  for  a  Day's  "el^'^^w/e^'^^' 
Travel;  and  that  Those  who  were  impressed  or  inlisted,  and  did  p. 456, chap, 
not  Join  the  Army  to  have  no  Allowance  made  them  in  the  Muster  ^^^' 
Polls. 

That  there  be  allowed  Wages  to  each  Captain  or  Chief  Officer 
of  the  several  Companies  in  said  Expedition  fifteen  Days  after  his 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  January  18. 


640  Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  273,  274.] 

Eeturn  Home,  for  making  up  their  respective  Muster  Eolls.  Also 
for  his  Travel  to  Boston  in  Order  to  lay  the  same  before  the  Court, 
allowing  twenty  Miles  for  a  Day's  Travel ;  and  in  making  up  the 
same,  that  they  charge  those  who  have  received  Fire  Arms,  Bay- 
onets, and  Drums,  unless  they  have,  or  shall  return  them. 

That  every  Officer  or  Soldier  who  have  received  the  Province  Arms 
and  Accoutrements  thereto  belonging,  and  do  not  return  them  into 
the  Commissary  General's  Office,  the  Sum  of  Two  Pounds  ten  shil- 
lings shall  be  deducted  out  of  their  respective  Wages,  in  the  Rolls 
for  each  Fire  Arm  &c  not  returned  as  aforesaid. 

That  every  Officer  or  Soldier  who  joined  the  Army,  and  returned 
without  Leave  or  deserted,  shall  not  be  intitled  to  any  Wages  for 
his  Service, 

That  each  Officer  upon  his  presenting  his  Muster  Roll  shall  bona 
fide  swear.  That  each  Person  borne  on  his  Roll  has  actually  per- 
formed the  Service  for  the  whole  Time  he  is  borne  on  said  Roll, 

That  a  Column  be  inserted  in  the  Muster  Rolls  for  the  half  Pay 
of  those  Soldiers  who  re-inlisted  into  the  Service  of  the  late  Expe- 
dition agreable  to  the  Resolve  of  this  Court  of  the  28*''  of  February 
last.     \^Passed  January  17.^ 


CHAPTER    273. 

ORDER  ALLOWING  BILLETING  ACCOUNT  TO   JOHN  CHANDLER,  JR. 

Records^of  the       ^  PETITION  of  John  Chandler  jun'  Esq''  of  Worcester  praying 
Council,  xxi.,    an  Allowance  for  billeting  one  hundred  and  ninety  men  being  part 


351 


House  Jour- 


of  the  Six  hundred  men  who  were  ordered  to  rendezvous  there  in 
nai^pp!^20Mi5,  Order  to  receive  Arms  and  Stores,  and  for  allowance  likewise  for 
269-  ^"i|e,        i\^Q  trouble  of  delivering  out  Arms  &*=  for  three  hundred  &  fifteen 
256;  p.  597, '      men  and  taking  Receipts  for  the  same, 
chap.  166.  Read  and 

Ordered  That  the  prayer  of  this  Memorial  be  so  far  granted,  as 
that  there  be  allowed  &  paid  out  of  the  Public  Treasury  to  the 
Memorialist  at  the  rate  of  six  pence  ^  Meal  for  the  Subsistence  of 
the  several  men  billetted  by  the  Memorialist  and  others  during  their 
Stay  at  Worcester  as  herein  mentioned.     [Passed  January  18. 


CHAPTER    274. 

RESOLVE   CONSTRUING  AN  ACT  PROVIDING  TWO  ARMED  VESSELLS  TO 
GUARD  THE   COAST. 

Record8*of  the  Whereas  in  the  Act  lately  passed  this  Court  providing  two  armed 
Council,  xxi.,  Vcssells  &c  It  is  not  so  fully  expressed  what  Select  men  or  Assessors 
ArchivesTixv.,  are  impowrcd  &  directed  to  assess,  &  tax  the  vessells  therein  men- 

^^^- tioned  Therefore 

House  Jour-  Resolved  that  the  Selectmen  or  Assessors  to  be  chosen  next  march, 

Dil  1115  2il  272 

Province  '  '  be  the  Persons  that  shall  assess  &  tax  the  vessells  afores'^  that  have 
^haT3^i2.*''in«e,  been  liable  to  be  taxed  from  the  first  of  last  November  to  this  time, 
p.608,ciiap.    '  and  from  this  time  to  the  first  of  November  next  And  the  Select- 

194, 

>  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  January  18, 


[5th  Sess.]     Province  Laws  (Hesolves,  etc.).  — 1756-57.  641 

men  or  Assessors  that  after  next  march  shall  be  chosen  annually 
during  the  continuance  of  said  Act  shall  be  the  Persons  that  shall 
assess  &  tax  all  the  vessells  in  their  respective  towns  liable  to  be 
taxed :  The  time  to  be  reckoned  from  the  first  of  November  annu- 
ally And  the  Treasurer  of  this  Province  is  hereby  directed  to 
send  to  the  assessors  of  the  maritime  towns  a  Copy  of  s*^  Act  &  this 
resolve.     [Passed  January  18. 


CHAPTEE    275. 

ORDER  ALLOWING  THE  COMMISSIONERS  FURTHER  TIME   TO   EXAMINE 
THE   CLAIMS  OF   CREDITORS  AGAINST  AN    INSOLVENT  ESTATE. 

A  Petition  of  Seth  Babbit  of  Norton,  Physician,  shewing  that  Legislative 
he  had  administred  to  Nehemiah  King  of  said  Norton  in  his  last  councif,  xxi., 
Sickness,  &  to  several  of  his  Children  sick  at  the  same  time:  that  ^^ci^f^el^c^. 
the  said  Nehemiah  died  insolvent,  &  the  Petitioner  had  presented  554. 
his  x\ccount  to  the  Commissioners  appointed  to  examine  the  claims  Mass. 
of  the  Creditors,  but  that  no  notice  was  taken  thereof  until  the  ^s^^House^*' 
administrator  had  settled  his  accounts  therefore  praying  that  Journal,  p.  276. 

the  Judge  of  Probate  for  the  County  of  Bristol  may  be  impowered 
to  allow  the  Commissioners  a  further  time  to  examine  the  claims  of 
the  Creditors,  and  that  his  said  account  may  be  considered. 

Kead  And 

Ordered,  That  the  Prayer  of  this  Petition  be  granted.  And  That 
the  Judge  of  Probate  for  y®  County  of  Bristole  be  «&  he  hereby 
is  Impowered  &  directed  to  allow  such  further  Time  to  the  Com- 
missioners for  examining  the  Claims  of  the  Creditors  to  the  said 
deceaseds  Estate,  as  he  shall  think  reasonable.    [Passed  January  20. 


CHAPTEE    276. 

ORDER  IMPOWERING  FRANCIS  WHIPPLE,  EXECUTOR,  AND  OTHERS,  TO 

SELL   LAND. 

A  Petition  of  Francis  Whipple  Executor  of  the  last  will  &  ^^^o^d^^'^f  th 
testament  of  Thomas  Lampson  of  New  Braintree  deceased  shew-  councu,  xxi., 
ing  that  his  Testator  devised  one  half  of  his  Lands  being  sixty  ArcMvesTxix., 

eight  Acres  and  appriz'd  at  Sixty  Six  pounds  thirteen  shillings  &  ^^ 

four  Pence  to  Abigail  Whipple  &  the  other  half  to  his  Brothers  &  House  Jour. 
Sisters  being  nine  in  all,  seven  of  whom  are  under  age,  &  as  said  27^' ^Province* 
Lands  would  if  sold  together  produce  more  than  if  divided     Pray-  ^ifap®  lo.'' ^^^' 
ing  that  he  may  be  impowered  in  behalf  of  the  minors  to  join  in 
the  Sale  of  said  Lands. 

Eead  and 

Ordered  That  the  Prayer  of  this  Petition  be  So  far  granted,  as 
That  the  Pet'  together  with  Peter  Lampson  the  Father  of  the 
Minors  therein  mentioned  be  impowered  on  the  behalf  of  said 
Minors  to  join  in  the  Sale  of  said  Lands  with  those  that  are  of 
Age  interested  therein,  and  to  make  and  pass  a  good  Deed  or 
Deeds  of  Sale  in  the  Law  for  the  same,  provided  That  in  such 
Sale  he  follow  the  Kules  &  directions  of  the  Law  respecting  the 


642 


Province  Laws  {Besolves,  etc.) .  — 1756-57.  [Chaps.  277,  278.] 


Legislative 
Records  of  the 
Council,  xxi., 
355.    Mass. 
Archives,  xix., 
491. 

House  Jour- 
nal, J).  277. 
Province 
Laws,  ii.,  151, 
chap.  10. 


Sale  of  reall  Estates  by  Executors  &  Admin'"'  &  give  sufficient  Cau- 
tion to  the  Judge  of  probate  for  the  County  of  Worcester  to  be 
Accountable  for  the  produce  of  Said  Sale.     [Passed  January  20. 


CHAPTEK    277. 

ORDER  IMPOWERING  REBECCA    LYNDE    AND    OTHERS,  ADM=8,*T0    SELL 

REAL   ESTATE. 

A  Petition  ol  Eebecca  Lynde,  Daniel  Lynde,  and  Thomas  Darny, 
Administrators  on  the  Estate  of  John  Lynde,  late  of  Leicester  de- 
ceased Shewing  that  the  said  John  died  in  July  last,  not  leav- 
ing sufficient  personal  Estate  to  pay  his  debts  therefore  praying 
liberty  to  sell  so  much  of  the  deceaseds  real  Estate  as  shall  be  neces- 
sary for  that  purpose,  which  will  amount  to  Two  hundred  &  sixty 
pounds  Lawful  Money  at  the  least. 

Eead  and 

Ordered 

that  the  prayer  of  the  Petition  be  granted  and  that  the  Peti- 
tioners be  &  they  are  hereby  Impowered  to  Sell  So  much  of  the 
Dec^'  Eeall  Estate  for  the  most  the  Same  will  fetch  as  may  produce 
the  Sum  of  Two  hundred  &  Sixty  pounds  Lawfull  mony,  that  they 
Post  up  notifications  of  the  time  &  place  of  Sale  in  y®  Town  where 
the  Land  lyes  &  in  the  the  *  Shire  Town  of  the  County  of  Worces- 
ter &  that  they  Execute  a  good  Deed  or  Deeds  in  the  Law  for  con- 
veying the  Same  they  giving  Sufficient  Caution  to  the  Judge  of 
Pro  [bate]  *  for  y^  Said  County  to  be  accountable  for  the  Same. 
\Passed  January  21.^ 


CHAPTER    278. 

ORDER    IMPOWERING    NATHANIEL    WALES,   GUARDIAN,  TO    SELL    REAL 
ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 


Legislative 
Records  of  the 
Council,  xxi., 
356.    Mass. 
Archives,  xix., 
494. 

Mass. 

Archives,  xix., 
493.    House 
Journal,  p.  278. 


A  Petition  of  Nathanael  Wales,  Guardian  of  Ann  Fitch  &  Euth 
Fitch  Minors  Shewing  that  the  said  Minors  are  in  right  of  their 
Father  Joseph  Fitch  deceased  intitled  to  two  seventh  parts  of  a 
peice  of  Land  with  the  Buildings  thereon  in  Summer  Street,  that 
the  owners  of  the  other  five  sevenths  have  lately  sold  their  Interest 
therein,  and  that  there  is  now  an  opportunity  to  dispose  of  the 
Minors  shares  to  a  much  greater  advantage  than  any  can  be  made 
by  improving  the  same.  Therefore  praying  for  liberty  to  make 

Sale  thereof  for  the  benefit  of  said  Minors. 

Eead  and 

Ordered  That  the  Prayer  of  the  Petition  be  granted  and  that  the 
Petitioner  in  his  Capacity  as  Guardian  to  the  Minors  within  men- 
tioned be  and  he  hereby  is  impowered  to  make  Sale  of  the  said  Land, 
and  the  Buildings  thereon  for  the  most  the  same  will  fetch  and  to 
give  a  a '  good  and  sufficient  Deed  in  the  Law  for  the  same  Provided 
he  give  Sufficient  Caution  to  the  Judge  of  Probate  for  the  County 

»  Sic. 

^  Inserted  from  Legislative  Records  of  the  Council,  xxi.,  356. 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  January  20. 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  —  1756-57.  643 

of  Suffolk  to  be  Accountable  for  the  Produce  of  the  same  and  that 
he  will  pay  to  each  of  the  said  Minors  her  respective  Share  together 
with  Lawf  ull  Interest  on  her  arrival  at  the  age  of  twenty  one  Years, 
or  on  her  Marriage  which  shall  first  Happen  otherwise  to  her  Law- 
full  Heirs.     \^Passed  January  21.'^ 


CHAPTER    279. 

ORDER  GRANTING  TO  JOSEPH  BRIGGS  LICENCE  TO  SELL  STRONG  DRINK. 

A  Petition  of  Joseph  Briggs  of  Hingham         Shewing  that  he  Legislative 
has  undertaken  to  supply  a  number  of  Fishermen  &  praying  that  cofmcff,  xxi.')^ 
the  Court  of  General  Sessions  of  the  Peace  for  the  County  of  Suf-  356.  Mass. 
folk  may  be  enabled  to  grant  him  a  license  to  retail  spirituous  Liquors  134.        '      '' 
for  the  Purpose  aforesaid.  House  Jour- 

Eead  and  Dai,pp.278.279. 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  Granted  as  that 
the  Justices  of  the  Court  of  General  Sessions  of  the  Peace  for  the 
County  of  Suffolk  be  and  they  hereby  are  authorized  and  impowered 
to  grant  the  Pef  Licence  to  retail  Spirituous  Liquors  (if  they  see  fit) 
he  first  Obtaining  the  Approbation  of  the  Select  men  of  the  Town  of 
Hingham  the  time  for  granting  Licences  being  elapsed  Notwithstand- 
ing.    \_Passed  January  21.^ 


CHAPTEE    280. 

ORDER  ALLOWING   £19.  4  TO   CAPT  ITHAMAR  HUBBELL. 

A  Petition  of  Ithamar  Hubbell  of  Sheffeild  shewing  that  he  Legislative 
raised  a  Company  in  the  year  1755  for  the  Crown  Point  Expedi-  councif  xxi^^ 
tion,  &  billeted  his  Men  from  25""  day  of  June  when  his  Company  358.   Mass. 
was  muster'd  to  the  9*^*^  day  of  July  when  he  received  orders  to  lxxvlIit's. 
March.  and  praying  allowance  therefor.  -i/Lam.  " 

Read  and  Archives 

Ixxvi.    174, 

Ordered,  That  the  Prayer  of  this  Petition  be  granted;  And  That  House  Jour-^^ 
there  be  allowed  and  paid  out  of  the  Public  Treasury  to  the  Peti-  ^hfX^tm!^"' 
tioner,  the  sum  of  Nineteen  Pounds  four  Shillings  in  full  for  Billet-  ^"^^v- 139. 
ing  forty  Eight  Soldiers  two  Weeks  each  in  the  Year  1755  as  therein 
mentioned.     \^Passed  January  21. 


CHAPTEE    281. 

ORDER  REMITTING  £4.  4  TO  MOSES  MARCY. 


A  Petition  of  Moses  Marcy  of  Sturbridge,  shewing  that  he  pur-  Legislative 
chased  the  duty  of  Excise  upon  Tea,  Coffee  &  China  Ware  in  the  c^unctf  xx*l* 
County  of  Worcester  for  the  year  1755  for  the  Sum  of  four  Pounds  358.  Mass. 
four  shillings,  but  inasmuch  as  the  several  persons  selling  those  com-  i46?  ^^^^•^^^•' 

1  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  January  20. 


644 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  282-284.] 


Mass. 

Archives,  cxx., 
146.    House 
Journal, 
pp.  276, 277. 
Ante,  p.  442, 
chap.  279. 


modities  in  said  County  had  purchased  their  whole  Stocks  of  other 
persons  licensed  to  sell  the  same,  and  were  thereby  exempted  from 
paying  any  further  duty.  therefore  praying  that  said  Sum  of 

Four  pounds  four  shillings  may  not  be  exacted  of  him. 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  granted ;  &  that  the 
sum  of  four  pounds  four  Shillings  be  remitted  to  y®  Petitioner,  And 
the  Treasurer  is  hereby  directed  to  deliver  up  the  Bond  mentioned 
to  the  Petitioner  Accordingly  he  pay^  the  Charges  of  the  Sale  of 
said  Excise.     [^Passed  January  21. 


CHAPTEE    282. 


ORDER  ALLOWING  26/8  TO   JONATHAN  SEAGER. 


Legislative 
Records  of  the 
Council,  xxi., 
358.    Mass. 
Archives, 
Ixxvi.,  93. 

House  Jour- 
nal, pp.  246, 277, 
279. 


A  Petition  of  Jonathan  Seager  of  Sheffield  shewing  that  on  the 
31®*  day  of  August  1754  He  lent  a  Gun  to  Samuel  Stevens  to  go 
out  upon  an  Alarm  then  made,  of  the  Indians  being  at  Stockbridge, 
that  said  Stevens  was  afterwards  killed  by  the  Enemy ;  &  the  Gun 
lost     therefore  praying  an  allowance  for  the  same. 

Read  & 

Ordered,  That  there  be  allowed  &  paid  out  of  the  public  Treas- 
ury to  the  Petitioner,  tlie  sum  of  twenty  Six  Shillings  &  eight  pence 
in  full  for  the  Gun  Mentioned.     \^Passed  January  21. 


Legislative 
Records  of  the 
Council,  xxi., 
359.    Mass. 
Archives, 
xxiii.,  329. 

Legislative 
Records  of  the 
Coimcil,  xxi., 
357.    House 
Journal,  p.  278. 
Province 
Laws,  iii.,  1059, 
note.    Ante, 
p.  606,  chap. 
188. 


CHAPTER    283. 

ORDER  DIRECTING  SELECTMEN  OR  OVERSEERS  OF  THE  POOR  TO  FUR- 
NISH A  LIST  OF  THE  FRENCH  INHABITANTS  IN  THEIR  SEVERAL 
TOWNS. 

Ordered  that  the  Selectmen  or  Overseers  of  the  Poor  of  the  sev- 
eral Towns  wherein  any  of  the  French  Inhabitants  of  Nova  Scotia 
are  placed ;  be  directed,  whenever  they  Shall  offer  an  account  of  their 
disbursments  for  the  Support  of  them,  to  annex  thereto  a  List  of 
the  several  Prench  persons  in  such  Town  with  an  account  of  their 
age  and  sex,  and  the  circumstances  of  their  health  and  capacity 
for  labour. 

And  That  a  Copy  of  this  Vote  be  printed,  &  sent  to  y®  Sev- 
eral Towns  &  Districts  where  any  of  y®  s*^  Inhabitants  are  placed. 
[Passed  January  21. 


CHAPTER    284. 


VOTE  APPOINTING  A  COMMITTEE  TO  RECEIVE  PROPOSALS   FROM    THE 
EARL  OF  LOUDOUN. 


In  Council 
Voted,  that  Thomas  Hutchinson  &  William  Brattle  Esq'' 


with 


Legislative 
Records  of  the 
Council,  xxi., 

ArehiTC^s^vi.,     such  as  shall  be  joyn'd  by  the  Hon'''*'  House  be  a  Committee  to 
227- receive  any  Proposals  which  the  Eight  Hon"*  the  Earl  of  Loudoun 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  645 

may  judge  proper  to  lay  before  them,  and  to  confer  upon  such  Pro-  Legislative 
posals  with  Commissioners  or  Committees  appointed  by  the  Neigh-  councn'xiill^ 
bouring  Governments  for  the  like  Purpose.         The  said  Committee  f^^^ss^i^"''^^^ 
to  Keport  from  time  to  time  as  there  may  be  occasion  pp.  273, 279, 28o. 

In  the  House  of  Eep«^  Read,  And  Concurred,  And  M^  Speaker,  L^wMii.,  1073, 
CoP  Otis  &  M''  Welles  are  joined  in  the  Affair.    [^Passed  Jatiuary  21.  note. 


CHAPTEE    285. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EX- 
CISE ON  TEA,  COFFEE,  ETC.,  FOR  THE  COUNTY  OF  ESSEX  AND  ALLOW- 
ING  £2.  10.  4  FOR  THE  EXPENSE  THEREOF. 

The  Report  of  the  Committee  for  letting  out  to  farm  the  duties  Legislative 
of  Excise  upon  Tea,  Coffee  &  China  Ware  in  the  County  of  Essex  ^o'Sxxif 
with  their  account  of  Expence  amounting  to  £2.10.4.  Arcw^es^cxx., 

Read  and  Accepted,  And  142. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas-  Mass. 
ury  the  Sum  of  two  pounds  ten  Shillings  &  four  pence,  in  full  for  ^2?^Hou8^e'''''' 
their  Acc°  of  Time  &  Expences  exhibited.     \^Passed  January  21.     Journai,^p^279. 

chap'.  204. 


CHAPTEE    286. 

VOTE  IN  REGARD  TO  DEDUCTIONS  FROM  WAGES  OF  SOLDIERS  FOR  NOT  Legislative 

RETURNING  BAYONETS,  &C.  Counc*if,  xxf f 

362.    Mass. 

Voted,  That  there  be  deducted  out  of  the  Wages  of  every  Soldier  ^^^^^/.y^i 
in  the  late  Crown  point  Expedition  who  received  the  Province  Arms,  jio,,ge'jour. 
Nine  Shillings  for  not  returning  his  Bayonett,  &  One  Shilling  for  nai^  p.  281.^ 
not  returning  his  Sling  into  the  Commissary  Genu's  Office;  And  to  chap. 275.  ' 
be  made  up  in  the  Muster  Roll  Accordingly.     {Passed  January  24. 


•CHAPTEE    287. 

ORDER  ALLOWING  ACCOUNT   OF  GIDEON  MOODEY  FOR  SUBSISTENCE 

Upon  the  Oaths  of  Nehemiah  Dickinson  &  Samuel  Moody  that  ]^|f^^'|g"Jf%ije 
Gideon  Moodey  a  Soldier  in  the  late  Expedition  since  deceased  trav-  council,  xxi., 

elled  home  from  the  Army  at  his  own  expence.  ^^ 

Read&  .    ^.  ^^arp'^sT" 

Ordered  That  the  Province  Treasurer  be,  and  he  hereby  is  directed  Ante,  v^^i5, 
to  pay  to  Eleazer  Porter  Esq"^  the  Sum  due  to  the  within  named  "^  *^- 
Gideon  Moodey  for  his  subsistence  on  his  Return  home  from  the 
Expedition  against  Crown  Point  in  the  year  1755  since  deceased 
the  Order  of  this  Court  notwithstanding.     {Passed  January  24. 


6^6 


Province  Laws  {Resolves, etc.).  — 1756-57.  [Chaps.  288-290.] 


Legislative 
Kecords  of  the 
Council,  xxi., 
362.    Mass. 
Archives, 
Ixxvi.,  231. 

Mass. 
Archives, 
Ixxvi.,  230. 
House  Jour- 
nal, pp.  31,  263, 
283. 


CHAPTEE    288. 

ORDER  ALLOWING  40/  TO  DAVID   KITTERIDGE. 

A  Petition  of  David  Kitteridge,  a  Soldier  in  the  Expedition 
against  Crown  point  in  1755  Sliewing  that  he  was  carried  sick  from 
the  Army  to  Albany,  &  during  his  said  sickness  his  Gun  was  stolen 
from  him,  as  set  forth  in  a  former  Petition  to  this  Court  And 

praying  an  allowance  therefor. 

Eead  and 

Ordered,  That  there  be  allowed  &  paid  out  of  y®  Public  Treasury 
to  M''  William  Stickney  for  y®  use  of  the  Petitioner  y'^  sum  of  forty 
Shillings,  in  full  Consideration  for  y®  loss  of  his  Gun  Mentioned. 
[^Passed  January  25. 


CHAPTEE    289. 


ORDER  ALLOWING  £2.3.4  TO  JOHN  LOVE. 


Legislative 
Records  of  the 
Council,  xxi., 
363.    Mass. 
Archives, 
Ixxv.,  59. 

House  Jour- 
nal, pp.  244, 284. 


A  Petition  of  John  Love,  Shewing  that  he  was  a  Soldier  at  Fort 
Halifax  in  the  year  1755.  &  was  dismissed  thence  by  his  Honour  the 
Leiutenant  Governor  while  he  was  at  Boston  upon  furlow:  that  he 
hath  done  Services  there  as  by  account  exhibited  to  the  Amount  of 
£2.3.4  And  praying  an  Allowance. 

Eead  and 

Ordered  That  there  be  allowed  &  paid  out  of  y^  public  Treasury 
The  sum  of  two  pounds  three  ShilP  &  four  pence  to  David  Stock- 
bridge  Esq^  for  y*  Use  of  the  Petitioner  in  Discharge  of  his  Acc° 
exhibited.     \Pa8sed  January  25. 


CHAPTEE    290. 

ORDER  IMPOWERING  MARY  GATES,  ADM^,  TO  SELL  REAL  ESTATE  AND 
MAKING  PROVISION  IN  REGARD   TO  THE   PROCEEDS. 


Legislative 
Records  of  the 
Council,  xxi., 
363.    Mass. 
Archives,  xix., 
486. 

Mass. 

Archives,  xix., 
485,487.   House 
Journal, 
pp.  270,  283. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Mary  Gates,  Administratrix  on  the  Estate  of 
Thomas  Wheeler  late  of  Stow  deceased  Shewing  that  the  said 
Estate  is  in  debt  about  thirty  pounds  more  than  the  personal  Estate 
will  discharge,  that  the  Deceased  left  four  Children  Minors,  that 
his  Real  Estate  was  apprized  at  two  hundred  pounds,  &  is  mostly 
unimproved  Lands,  &  that  were  She  to  sell  off  what  is  improvea  for 
the  payment  of  the  debts  it  would  greatly  injure  the  rest  There- 
fore praying  She  may  have  liberty  to  sell  the  whole,  she  improving 
the  Overplus  for  the  benefit  of  the  Heirs. 

Read  and 

Ordered,  That  y®  Prayer  of  this  Petition  be  granted,  &  That  y® 
Pef  be  &  She  hereby  is  impowered  in  her  s"^  Capacity  of  Admin^ 
to  make  Sale  of  the  whole  of  y^  reall  Estate  mentioned  for  the 
most  the  same  will  fetch  &  to  make  in  due  form  of  Law  a  Deed  or 
Deeds  of  Conveyance  thereof  She  Observing  the  Directions  of  the 
Law  respecting  the  Sale  of  reall  Estates  by  Exec''^  &  Admin"  which 
deed  when  duly  executed  &  Acknowledged  &  recorded  in  the  Reg- 


[5th  Sess.]     Province  Laws  [JResolves,  etc.).  — 1756-57.  647 

istry  of  Deeds  for  the  County  of  Middlesex,  shall  be  deemed  &  is 
hereby  declared  to  be  good  &  valid  in  Law  to  all  intents  &  pur- 
poses whatsoever.  Provided  she  give  sufficient  Caution  to  y'^  Judge 
of  Probate  &c,  for  Said  County  to  be  Accountable  for  y^  produce 
Arising  by  said  Sale,  for  paying  y*  just  Debts  of  y"  dec*^  &  to  pay 
y''  over  plus  together  with  lawful!  Interest  for  the  same ;  to  the  said 
Minors  as  they  shall  respectively  arrive  at  Lawfull  Age  or  be  married, 
otherwise  to  the  Lawfull  Heirs  of  y^  Said  deceased.  [Passed  Jan- 
uary 25. 


CHAPTEE    291. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EX- 
CISE ON  TEA,  COFFEE,  ETC.,  FOR  THE  COUNTY  OF  BARNSTABLE  AND 
ALLOWING   £2.  16.  4  FOR  THE  EXPENSE  THEREOF. 

The  Eeport  of  the  Committee  for  letting  out  to  farm  the  duties  Legislative 
of  Excise  upon  Tea,  Coffee,  &  China  Ware  in  the  County  of  Barn-  councu'xxl!!^ 
stable  with  their  account  of  expence  amounting  to  £2.16.4.  Archwes^^'xx 

Eead  AND  Accepted,  And  uea. 

Ordered^  That  there  i)e  allowed  and  paid  out  of  y*  public  Treas-  House  Jour- 
ury  to  y^  said  Com'^^  y'  Sum  of  two  pounds  sixteen  Shillings  &  four  ^ntf^'^'tti^^' 
pence  in  discharge  of  their  Acc°  of  Time  »&  Expences  exhibited,  chap'.  209. 
[Passed  January  25. 


CHAPTER    292. 

ORDER  ALLOWING  £5.5.9  TO   JACOB  LOOMIS. 

A  Petition  of  Jacob  Loomis  Shewing  that  he  inlisted  for  the  Legislative 
Crown  Point  Expedition  in  the  year  1755;  that  he  was  in  Capt°  councff.xxi!!® 
Ingersols  Company  in  Col°  Williams's  Regiment,  that  he  worked  364.  Mass. 
as  a  Blacksmith,  &  was  promised  Wages  as  Armourers  Mate,  but  ixxvC^'. 
his  Col°  &  Capt°  being  both  killed,  he  was  made  up  in  the  Roll,  House  Jour- 
only  as  a  private  Soldier,  therefore  praying  that  he  may  be  allowed  nai,pp.2i4,246, 
what  is  due  to  him  as  Armourer's  Mate,  or  otherwise  releived. 

Read  & 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  Cap*  Ithamar  Hubbell  for  the  use  of  the  Petitioner  the  Sum 
of  five  pounds  five  Shillings  &  Nine  pence  in  full  for  his  Services 
mentioned.     [Passed  January  25. 


CHAPTER    293. 

ORDER  ALLOWING  £5.  10  TO  JOHN  ASHLEY. 


A  Petition  of  John  Ashley  Shewing  that  in  Sepf  1754  he  went  Legislative 
with  his  own  Company  k  part  of  another  Company  to  the  releif  of  council,  xxi., 
Stockbridge  upon  the  Alarm  there,  &  afterwards  to  Pontoosuck,  ^rciiives^^' 
where  he  found  the  People  in  the  greatest  consternation,  &  deter-  ixxvi.,  17*2. 
mined  to  quit  the  place,  had  he  not  prevailed  upon  eleven  men  to  Legislative 
stay  &  to  guard  them  upon  his  promise  to  pay  them  two  shillings  councu,"' 


Records  of  the 

XX., 


648 


Province  IjAVf^  {Resolves,  etc.).  — 1756-57.  [Chaps.  294,  295.] 


322,323.  House  ^  clay,  wliich  he  has  since  paid  them  for  the  time  they  continued 
Ante^^!nb,    '  there,  &  praying  for  an  allowance  for  his  said  disbursements,  &  for 
chap.  140.         ^\yQ  Service  of  those  who  went  out  with  him  upon  the  Alarm. 
Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted,  as 
y''  there  be  allowed  and  paid  out  of  y^  public  Treasury  to  the  Memo- 
rialist the  sum  of  five  pounds  ten  Shillings  for  the  Eleven  men  Men- 
tioned, in  full  of  his  Acco'  annexed.     \~Passed  January  25. 


Legislative 
Becords  of  the 
Council,  xxi., 

366.    Mass. 
Archives,  xix., 
463. 

Mass. 

Archives,  xix., 
462.    House 
Journal,  p.  289. 


CHAPTEK    294. 

ORDER  DIRECTING  THE  JUDGE  OF  PROBATE  FOR  COUNTY  OF  SUFFOLK 
TO  ADMIT  AND   EXAMINE  CLAIMS  AGAINST  AN   INSOLVENT  ESTATE. 

A  Petition  of  Nathanael  Perkins,  Joseph  Jackson,  W"  Ross 
Shewing  that  they  are  Creditors  to  the  Estate  of  Ebenezer  Holmes 
deceased,  represented  insolvent,  &  that  they  seasonably  gave  in 
their  Accounts,  but  through  some  neglect  of  the  Attorney  to  the 
administratrix  of  the  deceased  they  were  not  laid  before  the  Com- 
missioners, &  the  time  for  receiving  the  claims  is  now  elapsed. 
Therefore  praying  that  this  Court  would  impower  the  Judge  of 
Probate  of  Wills  &*=  for  the  County  of  Suffolk  to  grant  a  further 
time  for  the  said  Commissioners  to  receive  &  examine  the  Peti- 
tioners Claims,  or  to  impower  said  Judge  to  examine  them  him- 
self »&  allow  what  is  justly  due,  as  there  has  been  no  distribution 
yet  made  of  said  deceased's  Estate. 

Read  and 

Ordered  that  the  Judge  of  Probate  of  Wills  for  the  County  of 
Suffolk  be  impowered  and  directed  to  admit  the  several  Claims  of 
the  Petitioners,  and  to  allow  such  part  thereof  as  shall  appear  to 
be  due,  after  the  same  have  been  examined  by  the  said  Judge. 
\^Passed  January  26. 


CHAPTEK    295 


Legislative 
Records  of  the 
Council,  xxi., 
367.    Mass. 
Archives, 
Ixxvi.,  245. 

Mass. 
Archives, 
Ixxvi.,  244. 
House  Jour- 
nal, pp.  289, 290. 
Ante,  p.  445, 
chap.  289. 


ORDER  ALLOWING  ACCOUNT  OF  JOHN  ROBBINS  FOR  SUBSISTENCE. 

A  Petition  of  Nathan  Robins  Shewing  that  his  Son  John  Robins 
a  Soldier  in  the  Crown  Point  Expedition  now  decease'd  had  never 
received  the  Governments  allowance  for  his  Subsistence  upon  his 
return  home  (saving  one  shilling)  &  praying  that  he  may  receive 
the  usual  Allowance  in  his  Son's  Stead. 

Read  And 

Ordered,  That  The  Province  Treasurer  be,  &  he  hereby  is  allowed 
&  directed  to  pay  to  y®  Pef  the  sum  due  to  his  Son  John  Robbins 
for  his  subsistence  on  his  return  from  y^  Army  in  y*"  Year  1755, 
(deducting  one  shilling)  as  made  up  in  the  Muster  Roll  of  y®  Comp'' 
he  belonged  to,  the  order  of  this  Court  Notwithstanding.  [Passed 
January  27. 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  649 


CHAPTER    296. 

ORDER  IMPOWERING  BENJAMIN  MORRIS,  ADMINISTRATOR,  TO  SELL 
REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 

A  Petition  of  Beniamin  Morris  Administrator  on  the  Estate  of  ^^s^^^^^^f^v, 

o  JttGCOrClS  of  Lll6 

John  Hallowell  of  Brimfield  deceas'd  Shewing  that  he  hath  obtained  council,  xxi., 
leave  of  the  Superior  Court  for  selling  of  the  Deceased's  real  Estate  ArcMvesTxix., 

to  the  amount  of  Sixty  Pounds,  That  said  Estate  consists  of  one  ^ 

intire  peice  of  wild  Land,  &  That  it  would  be  for  the  benefit  of  the  Mass. 
Heirs  to  have  the  whole  sold  together  &  praying  liberty  to  sell  the  467?  houb^  '' 
Same  accordingly.  Jp!'27°2%.  289. 

Read  &  Province 

Ordered  That  y^  prayer  of  this  Petition  be  granted ;  And  that  y*  chap!  lo.''  * 
said  Benjamin  be  &  he  hereby  is  impowered  in  his  said  Capacity  of 
Admin""  to  make  Sale  of  y''  Land  Mentioned  (exclusive  of  y^  Sixty 
pounds  worth  ordered  by  the  sup'^  Court  held  in  s*^  County  in  Sep'' 
last  to  be  sold  to  pay  the  just  debts  of  y*"  deceased)  for  the  most  y® 
same  will  fetch,  he  Observing  the  directions  of  y^  Law  respecting 
y''  Sale  of  reall  Estates  by  Exec"  &  Admin"  &  to  make  »&  execute 
in  due  form  of  Law  a  good  Deed  or  Deeds  for  Conveyance  thereof, 
which  when  duly  executed,  acknowledged  &  recorded  in  y^  registry 
of  Deeds  for  s*^  County  shall  be  &  hereby  is  declared  to  be  good  & 
valid  to  all  intents  &  purposes,  provided  he  give  sufficient  Caution 
to  y"  Judge  of  Probate  for  s"^  County,  that  y*"  money  arising  by  said 
Sale,  after  payment  of  y''  Just  debts  Mentioned,  be  distributed  to 
and  among  the  several  Heirs  of  y^  Said  dec*^  as  mentioned  in  his 
last  Will  &  Testament.     \^Passed  January  27. 


CHAPTER    297. 

ORDER  IMPOWERING  MARY   COOK,  EXECUTRIX,  TO    SELL    LAND    AND 
MAKING  PROVISION  IN  REGARD   TO  THE  PROCEEDS. 

A  Petition  of  Mary  Cook,  Widow,  &  Executrix  of  Daniel  Cook  Rlfords^Jf  tj^g 
late  of  Newtown  decease'd.  Shewing  That  her  said  Husband  pur-  council,  xxi., 
chased  a  Tract  of  Land  in  Narragansett  Township  N°  2.  out  of  ArchWesTxix., 

money's  received  as  her  portion  &  settled  the  same  upon  their  only  ^^ ^ 

surviving  Child,  who  afterwards  dying,  her  said  Husband  conveyed  Mass. 
the  same  by  deed  to  her,  &  by  his  last  will  left  his  personal  Estate  464.  House    '' 
intirely  at  her  disposal,  &  settled  the  rest  of  his  real  Estate  on  his  pp^asl.W 
Blood  Relations.     But  inasmuch  as  the  debts  amount  to  more  than 
expected,  she  may  be  stript  of  the  personal  Estate  in  order  to  dis- 
charge them  &  left  in  necessitous  circumstances,  &  as  the  convey- 
ance of  the  Lands  to  her  as  aforesaid  was  irregular  She  prays  the 
Aid  of  this  Court  in  further  impowering  of  her  to  sell  the  same  in 
order  to  pay  her  said  Husbands  Debts. 

Read  & 

Ordered,  That  the  Prayer  of  this  Petition  be  granted ;  and  that 
y^  Petitioner  in  her  said  Capacity  of  Executrix  be  &  she  hereby  is 
impowered  to  make  Sale  of  the  Two  Lotts  of  Land  in  Narragan- 
fiett  Township  N"  2  mentioned ;  and  to  give  as  good  tSc  sufficient  a 
Deed  or  Deeds  of  Conveyance  thereof  in  Law,  as  the  Said  Daniel 


650 


Province  Laws  {Resolves^  etc.).  — 1756-57.  [Chaps.  298,  299.] 


Cook  could  have  done  in  his  life  time,  And  the  produce  thereof  to 
be  applied  to  y"  payment  of  y®  Just  debts  of  y''  Dec*^  as  far  as  it  will 
go,  And  the  remainder,  if  any  there  be,  to  be  and  remain  to  y^  Said 
Mary  Cook  her  heirs  &  Assigns  forever.     {^Passed  January  27. 


CHAPTER    298. 


Legislative 
Records  of  the 
Council,  xxi., 
369.    Mass. 
Archives, 
Ixxvi.,  251. 

Mass. 
Archives, 
Ixxv.,  587,  588, 
696,697,698; 
Ixxvi.,  60, 151, 
169, 171, 214, 220, 
221.   House 
Journal,  p.  287. 


ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered,  That  there  be  allowed  and  paid  out  of  y''  Public  Treas- 
ury to  Cap*  Jabez  Upham  for  y*'  Use  of  James  Nichols  thirty  five 
Shillings  &  six  pence ;  to  M''  Nath^  Sumner  for  y*  use  of  Ebenezer 
Turner  twenty  eight  ShilP  &  eight  pence;  To  John  Noyes  Esq"" 
for  the  use  of  Jedidiah  Parmenter  fifty  Eight  Shillings;  to  Cap* 
S  ^  Barker  for  y*  Use  of  Hannah  Asten  forty  four  Shillings ;  to 
Joseph  Buckminster  Esq""  for  y"  use  of  Jonathan  Gibbs  three  pounds 
sixteen  Shillings ;  to  Joseph  Gerrish  Esq"'  for  y^  use  of  Jacob  Mer- 
rick twenty  five  Shillings ;  To  Moses  Marcy  Esq""  for  y^  Use  of  Daniel 
Moffit  forty  Shillings;  To  Cap*  Ephraim  Spaulding  for  y*"  Use.  of 
Joshua  Colburn  Eight  pounds  ten  Shillings;  And  to  M''  William. 
Stickney  for  y*  use  of  Samuel  Ober  forty  Shillings,  in  full  Consid- 
eration for  the  Expences  &  Losses  in  their  respective  Petitions  men- 
tioned.    \_Passed,  January  27. 


CHAPTER    299. 


Legislative 
Records  of  the 
Council,  xxi., 
369.    Mass. 
Archives, 
xliv.,343. 

House  Jour- 
nal, p.  291. 
Province 
Laws,  iii.,  64, 
chap.  32. 


ORDER  ADJOURNING  THE  COURTS  OF  HAMPSHIRE   COUNTY. 

Whereas  divers  of  the  Justices  of  the  Court  of  General  Ses- 
sions of  the  Peace  and  Inferiour  Court  of  Comon  pleas  Which  by 
Law  are  to  be  holden  at  Northampton  in  the  County  of  Hampshire 
on  the  Second  Tuesday  of  Feb''''  next,  are  Members  of  this  Court, 
and  the  Important  Affairs  of  the  Province  now  depending,  require 
their  Attendance  thereon  Wherefore 

Ordered,  That  the  Courts  Aforementioned  (that  were  to  be  held 
at  the  time  aforesaid)  be  and  hereby  are  Adjourned  to  the  first  Tues- 
day of  March  next,  to  be  held  at  the  Court  house  in  the  s*^  Town 
of  Northampton  at  Ten  of  the  Clock  in  the  fore  noon  of  Said  day: 
And  all  Pleas  Writs  Actions  Suits  Plaints  Processes  Precepts  Eecog- 
nizances,  and  other  things  whatsoever  returnable  or  having  day  or 
days  in  the  s*^  Courts  Shall  stand  abide  and  Continue  unto  S**  Ad- 
journment, and  be  held  deemed  and  Adjudged  to  be  as  good  Effectual 
and  available  in  Law  to  all  Intents  Constructions  and  Purposes  what- 
soever as  if  Such  Courts  had  been  held  and  kept  on  the  day  by  Law 
for  holding  the  Same  and  no  adjournment  thereof  had  been  made, 
and  the  Sheriff  of  Said  County  or  his  deputy  is  directed  to  post  up 
Notification  of  y*  Adjournment  of  S*^  Courts  in  the  Shire  Town  of 
s"*  County  and  where  the  Said  Courts  are  to  be  held  as  soon  as  may 
be.     \^Passed  January  27. 

*  The  House  Journal,  p.  287,  reads,  "  Capt.  Eben.  Barker." 


[5th  Sess.]     Province  Laws  (Besolves,  etc.).  — 1756-57.  651 


CHAPTER    300. 

VOTE    DIRECTING  PROVINCE  TREASURER  TO   SETTLE  ACCOUNTS  WITH 
PERSONS  WHO  RECEIVED  INLISTING  MONEY. 

Whereas  Sundry  Persons  who  receiv"^  moneys  of  this  Govern-  Legislative 
ment  in  order  to  Enlist  Men  into  the  late  Crown  Point  Expedition  councff  xxi.^^ 
have  neglected  to  Account  for  the  Same  37o.  Mass. 

Voted  that  the  Province  Treasurer  be,  and  hereby  is  directed  to  ixxvi.,  254. 
Adjust  and  Settle  Accounts  with  Such  Persons  as  soon  as  may  be,  House  Jour- 
and  that  he  use  his  utmost  Endeavour  to  prevent  any  frauds  and  nai,pp.29i,292. 
Impositions  upon  the  Government  in  Said  Affair  and  the  Said  Treas- 
urer is  further  directed  not  to  discharge  Such  Persons,  or  allow  the 
Accounts  they  may  or  Shall  Exhibit,  untill  he  has  Strictly  Examined 
them  &  they  have  made  Oath  to  the  truth  of  the  Same  before  him, 
which  Oath  he  is  hereby  Impowr,d  and  Enabled  to  Administer  ac- 
cordingly.    [Passed  January  28. 


CHAPTER    301. 

ORDER  IMPOWERING  JANE  PRINCE,  GUARDIAN,  TO  JOIN  IN  A  SALE  OF 
REAL  ESTATE  AND  MAKING  PROVISIONS  IN  REGARD  TO  THE  PRO- 
CEEDS. 

A  Petition  of  Jane  Prince  of  Boston,  Widow  &  Guardian  to  Legislative 
her  three  Children.  Shewing  that  Jonathan  Loring  of  said  Boston  counc'i?  xxi**^^ 
Currier  devised  his  real  Estate  after  the  death  of  his  Wife  (since  370.  Mass.    ' 
deceased)  to  sixteen  of  his  blood  relations,  subject  however  to  the  496?  ^^^^'^^^'' 
payment  of  his  debts;  that  part  of  his  Estate  must  be  sold  for  this  m^^^^^^ 
Purpose,  &  as  the  rest  cannot  be  conveniently  divided  into  so  many  ^s'^'^House^^"' 
Shares,  the  Legatees  are  desirous  of  selling  the  whole    That  the  said  Journal, 
Jane's  three  Children,  &  one  since  the  Testators  death  deceased,  p?ovince^^' 
were  Devisees  but  they  being  Minors  are  incapable  of  joining  in  cha!^^io"' ■^^^' 
the  sale,  therefore  praying  She  may  be  enabled  to  do  it  in  their 
behalf. 

Eead  and 

Ordered,  That  y®  prayer  of  this  Petition  be  granted ;  &  y*  the  Pef 
be  and  she  hereby  is  impowered  in  her  said  Capacity  of  Guardian  to 
join  with  y^  other  Legatees  and  Devisees  in  the  Division  &  Sale  of 
the  real  Estate  of  the  said  Jonathan  Loring  deceased,  &  to  make 
&  execute  a  good  &  valid  Deed  or  Deeds  thereof  to  such  person  or 
persons  as  shall  be  willing  to  give  the  most  for  the  same;  She  Ob- 
serving the  directions  of  the  Law  respecting  the  Sale  of  reall  Estates 
by  Executors  &  admin"  &  giving  sufficient  Caution  to  the  Judge  of 
Probate  for  y*"  County  of  Suffolk  that  the  Amount  of  whatever  part 
thereof  may  be  sold  together  with  lawfull  Interest  thereon  shall  be 
equally  divided  between  &  paid  to  her  three  surviving  Children, 
Samuel,  Jane  &  Deborah  blood  relations  to  the  said  Jonathan  as 
they  shall  respectively  come  of  Age.     [Passed  January  28. 


652 


Province  Laws  {Resolves,  etc.) .  — 1756-57.  [Chaps.  302-304.] 


CHAPTEE    302. 


Legislative 
Records  of  the 
Council,  xxi., 
372.    Mass. 
Archives,  cxx., 
224. 

House  Jour- 
nal, J).  293. 
Province 
Laws,  ill.,  1063, 
note.    Ante, 
p.  613,  chap. 
207. 


ORDER  SUBSTITUTING  JOHN  MURRAY,  ESQ^  IN  PLACE  OF  WILLIAM 
RICHARDSON,  ESQ»  ON  THE  COMMITTEE  APPOINTED  TO  FARM  EX- 
CISE ON  TEA,  COFFEE,  ETC.,  FOR  WORCESTER  COUNTY. 

Ordered,  That  John  Murray  Esq'  be  of  the  Committee  appointed 
to  farm  out  y®  Duties  of  Excise  on  Tea,  Coffee  &  China  Ware  in  the 
County  of  AYorcester,  for  one  Year  from  the  first  of  Nov'"  last,  in 
the  Eoom  of  William  Kichardson  Esq"^  who  desires  to  be  Excused 
from  that  Service.     \^Passed  January  28.^ 


CHAPTER    303. 

VOTE  IN  REGARD  TO  THE    RETURN   OF   FIRE    ARMS   AND    ACCOUTRE- 
MENTS. 


Legislative 
Records  of  the 
Council,  xxi., 
371. 

Mass. 
Archives, 
Ixxvi.,  261. 
House  Jour- 
nal, p.  292. 
Ante,  p.  358, 
chap.  73;  p.  477, 
chap.  368. 


Voted  That  the  Arms  &  Accoutrements  belonging  to  this  Prov- 
ince which  were  delivered  for  the  late  Crown  Point  Expedition,  & 
are  in  the  possession  of  any  persons  in  the  Countyes  of  Suffolk, 
Middlesex  &  Barnstable  be  returned  into  the  Commissary  General's 
Office;  that  those  in  the  County  of  Essex  be  delivered  to  Ichabod 
Plaistead  Esq''  at  Salem ;  those  in  the  County  of  Hampshire  to  John 
Worthington  Esq'^  at  Springfield ;  those  in  the  County  of  Worcester 
to  Gardner  Chandler  Esq''  at  Worcester;  those  in  the  County  of 
Plymouth  to  Thomas  Foster  Esq''  at  Plymouth  those  in  the  County 
of  Bristol  to  Samuel  White  Esq""  at  Taunton,  those  in  the  County  of 
York  to  John  Bradbury  Esq''  at  York ;  &  those  in  the  County  of 
Dukes  County  to  Capf^  Peter  West  at  Tisbury;  or  to  the  Commis- 
sary General  as  aforesaid;  who  are  hereby  directed  to  receive  the 
said  Arms  &°  &  to  give  a  Certificate  thereof  to  the  persons  of  whom 
they  shall  receive  the  same  &  to  transmit  them  to  the  Commissary 
General.  & 

Ordered  that  a  Copy  of  this  Vote  be  printed  &  sent  to  the  several 
Towns  &  Districts  within  this  Province.     \^Passed  January  29.' 


CHAPTER    304. 


VOTE  IN  REGARD  TO  THE  ENLARGEMENT  OF  M^  HENRY  LEDDEL. 


Legislative 
Records  of  the 
Council,  xxi., 
375.    Mass. 
Archives, 
Ixxvi.,  256. 

Legislative 
Records  of  the 
Council,  xxi., 
319.  House 
Journal, 
pp.  264, 282. 


Whereas  it  is  represented  to  this  Court  That  M''  Henry  Leddle 
of  Boston  who  was  Secretary  to  General  Winslow  in  the  late  Expe- 
dition ag^*^  Crown  point  will  be  wanted  to  Attend  on  the  Committees 
of  this  Court  appointed  to  make  enquiry  into  any  frauds  on  the  Gov- 
ernm*,  &  for  the  Muster  Rolls  &c;  And 

Whereas  the  said  Leddle  is  in  danger  of  having  his  person  ex- 
posed to  Writts  &  Executions  from  his  Creditors  &c ;  Therefore, 

Voted  That  said  Committee  be  &  hereby  are  impowered  (as  often 

^  There  is  some  confusion  of  dates  here,  Mass.  Archives,  cxx.,  224,  giving  the  final 
action  in  Council  as  January  8  ;  evidently  a  mistake  for  January  28,  on  which  day  the  same 
record  states  it  passed  the  House. 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  January  28. 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  653 

as  it  shall  be  necessary  for  them  to  examine  said  Liddell  or  to  receive  ^"'«.  p-  65i, 
information  from  him,)  to  grant  him  a  protection  for  those  pur-  ^  *^' 
poses  and  such  protection  signed  by  the  Chairman  of  said  Com- 
mittee for  the  time  being  shall  be  as  good  &  valid  to  all  intents  & 
purposes  as  any  protection  from  the  Courts  of  Common  law  &  any 
writ  Execution  or  other  Civil  process  that  shall  be  served  on  said 
Liddell  during  the  continuance  of  such  protection  shall  be  &  is 
hereby  declared  null  &  void,     \^Passed  January  29. 


CHAPTEE    305. 

ORDER  ALLOWING  35/  TO  EBENEZER  EVERETT. 

A  Petition"  of  Ebenezer  Everett,   shewing  that  he  served  as  Legislative 
Armourer  31  days  in  the  year  1755  at  Lake  George  for  which  he  c^uncn!  xxi!!^ 
has  had  no  allowance     and  praying  he  may  receive  the  usual  Pay  375.  Mass. 

„  .  ,  .  r      J      ts  J  J    Archives, 

for  said  service.  ixxv.,466. 

Eead  and  House  Jour. 

Ordered,  That  there  be  allowed  &  paid  out  of  the  public  Treasury  iiai.  pp- 246, 295. 
to  the  Pef  the  sum  of  thirty  five  Shillings  in  full  for  his  services 
mentioned.     [Passed  Jatiuary  29. 


CHAPTER    306. 

ORDER  GRANTING  TO  BETTY  PUTNAM  LICENCE  TO  KEEP  AN  INN. 

A  Petition  of  Betty  Putnam  of  Danvers     Shewing  that  her  late  Legislative 
Husband  Israel  Putnam  was  an  Inh older  in  said  Town  but  was  un-  councif.xxv 
fortunately  drowned  in  November  last  and  praying  that  the  Court  376    Mass. 

A.rCx31VGS  CXI 

of  General  Sessions  of  the  Peace  next  to  be  holden  in  &  for  the  393.        '  '  '' 
County  of  Essex  may  be  enabled  to  grant  her  a  License  to  keep  an  Mass. 
Inn  (if  they  see  cause)  in  the  House  where  she  now  dwells,  &  where  s^a^^House^'*' 
her  late  Husband  dwelt.  Journal,  p.  296. 

Eead  and 

Ordered,  That  the  Prayer  of  this  Petition  be  granted ;  And  That 
And  That '  the  Justices  of  the  Court  of  General  Sessions  of  the 
peace  for  y^  County  of  Essex  be  and  hereby  are  impowered  at  their 
next  Term  to  grant  y®  Pef  a  Licence  (if  they  see  fitt)  to  keep  an 
house  of  public  Entertainment  in  the  District  of  Danvers,  She  first 
Obtaining  the  Approbation  of  the  Select  Men  of  said  District,  the 
time  for  granting  Licences  being  elapsed  notwithstanding.  [Passed 
January  29,  ■  * 

CHAPTER    307. 

ORDER    IMPOWERING    REFEREES   ON    THE    ACTION    OF    DAV°    ELLING- 
WOOD   TO   REPORT   THEREON. 

A  Petition  of  David  Elingwood  of  Beverly  in  the  County  of  R^for^fof  tijg 
Essex  Shewing  that  at  the  Inferiour  Court  of  Common  Pleas  for  council, xxi., 
said  County  in  July  1754  he  brought  an  Action  of  debt  against  the  Archives?' 

xllv.,  340.' 
»  Sic.  


654 


Province  Laws  {Resolves, etc.).  — 1756-57.     [Chap.  308.] 


Archives  Administrators  of  Jonathan  Stone  of  Arundel  in  the  County  of 

xiiv.,  339.'  York  deceased  on  a  bond  given  by  said  Jonathan  the  21  day  of 
?ail'pp.'290^294.  March  1734/5.  And  the  parties  finally  entered  into  a  rule  to  refer 
the  said  Action  &  all  demands  to  Eobert  Hale  &  Benjamin  Jones 
Esq"  &  Eobert  Haskoll :  that  said  action  was  continued  under  the 
rule  from  term  to  term  till  September  Court,  at  Newbury,  last  past; 
when  the  Action  was  dismissed,  on  the  first  day  of  their  Sitting  for 
want  of  the  Eeport  of  the  Eeferres,  occasioned  wholly  by  the  De- 
fendants absence.  Therefore  praying  that  the  Eeferres  may  be 
directed  to  report  &  the  Court  to  receive  the  same  at  their  Session 
in  March  next,  &  make  up  Judgment  thereon  in  like  manner  as  if 
the  Action  had  not  been  dismissed  or  that  the  Petitioner  may  be 
otherwise  releived. 

In  the  House  of  Eepresent^ 
Eead,  and  It  appearing  to  this  House  That  y®  Adverse  party  has 
been  notified  of  this  Petition  &  given  his  Consent  thereto. 

Ordered  That  the  Prayer  thereof  be  granted;  And  that  the  Eef- 
errees  appointed  on  the  Action  therein  mentioned  be,  and  they  are 
hereby  impowered  &  directed  to  proceed  on  the  said  referrence  & 
Eeport  thereon  to  the  next  inferior  Court  of  Common  pleas  to  be 
held  in  and  for  the  County  of  Essex  on  the  last  Tuesday  of  March 
Next,  And  y*  Justices  of  the  said  Court  are  hereby  allowed  &  im- 
powered to  receive  said  Eeport,  to  make  up  Judgment  &  award 
Execution  on  said  Action,  in  the  same  manner  as  by  Law  they 
should  have  done  if  the  said  Action  had  not  been  dismissed. 
In  Council  Eead  and  concurrd.     \^Passed  January  29. 


CHAPTER    308. 


ORDER  ALLOWING  SUNDRY  AMOUNTS   TO   DIVERS  PERSONS. 


Legislative 
Records  of  the 
Council,  xxi., 
377.    Mass. 
Archives, 
Ixxvi.,  259. 

Mass. 
Archives, 
lxxv.,416,  456, 
553;  Ixxvi.,  28, 
29,  91,  149,  165, 
166.    House 
Journal,  p.  295. 


The  Petitions  of  Simon  Davis  and  Others,  Soldiers  in  the  Crown 
Point  Expedition  in  the  year  1755  praying  an  Allowance  for  their 
sufferings  &  expences  in  the  Service  Eead.  [&] 

Ordered,  That  there  be  allowed  and  paid  out  of  y^  public  Treas- 
ury to  Cap'  Jonathan  Whitney  for  the  use  of  Simon  Davis  forty 
ShilP;  to  Samuel  White  Esq''  for  the  use  of  Jonathan  Porter  twelve 
ShilP;  to  Jones  Esq""  for  the  use  of  Noah  Norcross  thirty  ShilP 
And  for  the  use  of  Benjamin  Dolbeare  fifty  two  Shillings  &  nine 
pence;  to  Cp*  Jabez  Upham  for  the  use  of  Moses  Barnes  forty  eight 
Shill*  &  for  the  use  of  Joseph  Walker  eighteen  ShilP  to  John  Worth- 
ington  Esq''  for  y^  use  of  Heber  Miller  four  pounds  eighteen  Shil- 
lings &  Eight  pence;  And  to  M'  Samuel  King  for  y^  Use  of  Daniel 
Burt  three  pounds  One  Shilling  &  Eight  pence  in  full  Considera- 
tion for  their  Expences  &  sufferings  in  y^  Crown  point  Exped"  in  y' 
year  1755.  in  their  respective  Petitions  mentioned.  ^Passed  Jan- 
uary 29. 


[5th  Sess.]     Province  Laws  (Besolves,  etc.).  — 1756-57.  655 


CHAPTEK    309. 

VOTE  APPOINTING  A  COMMITTEE  TO   "WAIT  ON  GOV^  LAWRENCE. 

In  Council  Srdf  Jf  the 

Voted  that  John  Osborne  &  Jacob  Wendell  Esq"  with  such  as  council,  xxi., 
the  Hon^^®  House  shall  ioin  be  a  Committee  to  wait  on  his  Excel- >ArchivesTvi., 

------  -■  -      .   .      236. 


lency  Governour  Lawrence,  and  make  him  the  Compliments  of  this 
Governm'  upon  his  Arrival  in  this  Province.  nai^^^ sm^' 

In  the  House  of  Eep'  Eead  And  Concurred;  And  M'  Fluker,  Col°      ' ^' 
Williams  &  Col°  Worthington  are  joined,  in  y^  Affair.     [Passed 
February  1. 


CHAPTER    310. 

ORDER  ALLOWING   £3.  4.  8  TO   JOSHUA  WARNER. 

A  Petition  of  Joshua  Warner,  a  Soldier  in  the  Crown  Point  LegiBiative 
Expedition  in  the  year  1755.  Shewing  that  he  was  by  mistake  made  councif,  xxi.f 
up  in  the  Muster  Roll  nine  weeks  &  five  days  short  of  the  time  he  Archives^^' 
actually  was  in  said  service  And  praying  an  Allowance  accordingly,  ixxvi.,  159. 

Read  And  Mass. 

Ordered,  That  there  be  allowed  &  paid  out  of  the  public  Treasury  i^^xvlIi58. 
to  Israel  Williams  Esq'  for  y''  use  of  y^  Pef  the  sum  of  three  pounds  ^j^^®  "^mm 
four  Shillings  &  Eight  pence  in  Consideration  of  his  being  made  up 
nine  Weeks  five  days  short  in  the  Muster  Roll  of  y^  Company  he 
belonged  to  in  y^  Exped"  against  Crown  Point  in  1755.     \^Passed 
February  1. 


CHAPTER    311. 

ORDER  IMPOWERING  THOMAS  AWANSAMUGG,  INDIAN,  TO    SELL    LAND. 

A  Petition  of  Thomas  Awonsamog  of  Natick  in  the  County  of  Legislative 

xiiGcords  of  L116 

Middlesex,  Indian  Planter,  praying  for  liberty  to  make  sale  of  twenty  Council,  xxi., 
acres  of  his  Lands  in  said  Town,  to  enable  him  to  discharge  his  debts  ArchwesT' 
contracted  in  time  of  Sickness  &  for  his  more  comfortable  Support  xxxu.,  704. 
for  the  future  under  his  infirmities  contracted  by  means  of  the  hard-  Mass. 
ships  he  has  undergone  in  his  Majestys  Service  for  many  years  past,  xxxu.Ttos. 
&  which  have  rendred  him  unable  to  labour.  nai'^pp'^253^254 

Read  and  298.'  Ante' 

Ordered,  That  y*'  prayer  of  this  Petition  be  so  far  granted,  as  that  256.  '  ^  *^' 
the  Pef  (with  y''  advice  &  consent  of  y^  Guardians  of  y''  Natick 
Indians)  be  &  he  is  hereby  allowed  and  impowered  to  make  sale  of 
twenty  Acres  of  his  Land  as  therein  mentioned  and  to  Execute  a 
good  &  valid  Deed  of  y''  same  to  the  person  or  persons  who  will  give 
most  for  y^  same.  Seasonable  &  public  Notice  of  the  time  &  place  of 
Sale  being  first  given  the  proceeds  of  said  Sale  to  be  applied  in  the 
first  place  to  y*  Discharge  of  y^  Just  Debts  of  y^  Petitioner,  &  the 
remainder  if  any  there  be  for  y*'  more  comfortable  support  of  the  Pef 
for  y*  future.     \^Passed  February  1. 


656 


Pkovince  Laws  {Besolves,  etc.).  — 1756-57.  [Chaps.  312-314.] 


CHAPTEK    312. 


Legislative 
Records  of  the 
Council,  xxl., 
380.    Mass. 
Archives, 
xxxii.,  749. 

House  Jour- 
nal, pp.  248, 298. 
Ante,  p.  110, 
chap.  256. 


ORDER  IMPOWERING  EUNICE  BROOKS,  INDIAN,  TO  SELL  LAND. 

A  Petition  of  Eunice  Brooks  of  Natick,  Indian  Woman,  Pray- 
ing that  she  may  have  liberty  to  sell  twelve  Acres  of  her  Land  in 
Natick,  in  order  to  enable  her  to  build  an  house  upon  her  Lot  in 
said  place,  &  to  enable  her  to  defrey  some  charges  arisen  by  reason 
of  sickness. 

Eead  & 

Ordered,  that  y*  prayer  of  this  Pet°  be  so  far  granted  as  that  y® 
Pef  with  y**  Advice  &  consent  of  y*  Guardians  of  y*"  Natick  Indians 
be  &  she  is  hereby  allowed  &,  impowered  to  make  Sale  of  Twelve 
Acres  of  her  Land,  «&  to  make  &  execute  a  good  &  valid  deed  of 
Sale  of  the  same  to  y*  person  or  persons  who  will  give  the  most 
therefor  (Seasonable  &  public  Notice  of  y*^  Time  &  place  of  Sale 
being  first  given)  the  proceeds  thereof  to  be  applied  to  y^  purposes 
mentioned  in  s*^  Petition.     [^Passed  February  1. 


CHAPTEE    313. 

ORDER  TO  PROVIDE  CLOTHING,  ETC.,  FOR  TWO  FRENCH   CAPTIVES   IN 
THE   COUNTY  OF   HAMPSHIRE. 


Legislative 
Records  of  the 
Council,  xxl., 
380.    Mass. 
Archives, 
lxxvi.,262. 

House  Jour- 
nal, p.  302. 


Ordered,  That  the  Two  French  Captives  who  lately  made  their 
Escape  from  his  Majesty's  Goal  in  the  County  of  Suffolk  &  were 
afterwards  retaken.  And  are  now  detained  in  his  Majesty's  Goal  in 
Springfield,  be  Subsisted  there  as  heretofore;  And  That  as  they  are 
reduced  to  great  distress  by  the  want  of  several  Necessary  Articles 
of  Cloathing  to  secure  them  against  the  severity  of  the  Winter,  the 
Sheriff  of  the  County  of  Hampshire  be,  and  he  hereby  is  directed 
to  provide  them  such  Articles  of  Cloathing  &c  as  are  necessary  for 
their  Support  at  the  public  Charge  untill  this  Court  shall  otherwise 
order,  or  till  his  Honour  y*"  Lieu*  Governor  shall  see  fitt  to  remove 
them.     \_Passed  February  1. 


CHAPTER    314. 

VOTE  THAT  THE  COMMITTEE  TO  RECEIVE  PROPOSALS  FROM  THE  EARL 
OF  LOUDOUN,  BE  IMPOWERED  TO  AGREE  ON  THE  PROPORTION  OF 
THE  4,000  MEN  TO  BE  RAISED  BY  THIS   GOVERNMENT. 


Legislative 
Records  of  the 
Council,  xxl., 
382.    Mass. 
Archives, 
Ixxvi.,  263. 

Legislative 
Records  of  the 
Council,  xxi., 
381;    Province 
Laws,  ill.,  1074, 
note.    Ante, 
p.  644,  chap. 
284.    Post, 
p.  659,  chap. 
331. 


Voted,  That  the  Committee  appointed  by  this  Court  to  receive 
any  proposals  which  the  right  Hon'^'''  y*"  Earl  of  Loudoun  should 
judge  proper  to  lay  before  them;  and  to  Confer  with  Commissioners 
from  the  Nei'bouring  Governments  thereon  be  and  hereby  are  fully 
Authorized  &  impowered  to  agree  on  the  part  of  this  Government  to 
his  Lordship's  requisition  of  four  thousand  Men  so  far  as  to  engage 
that  this  Governm'  will  raise  their  proportion  of  the  said  four  thou- 
sand men  to  be  Employed  in  his  Majesty's  Service  in  North  America, 
subject  to  his  Lordship's  Command  under  Officers  Inhabitants  of 
this  Province,  the  said  Men  to  be  paid  by  this  Government,  &  not 
to  be  held  more  than  one  year  from  this  Time ;  And  y*^  said 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  —  1756-57.  657 

Committee  are  hereby  further  impowered  to  Adjust  and  determine 
with  said  Commissioners  this  Governm*^^  proportion  of  said  four 
thousand  Men.'     \_Passed  February  2. 


CHAPTER    315.  &»s"o7the 

Council,  xxi., 
383      IVIil88 
VOTE  THAT  THE   COMMITTEE  TO  RECEIVE  PROPOSALS  FROM  THE  EARL  Archives,  vi., 

OF  LOUDOUN  CONSULT  WITH  COMMISS^s  FROM  OTHER  GOVERNM'ts  IN  236^ 

REGARD   TO  AN  EMBARGO.  Legislative 

Records  of  the 

Voted,  That  the  Committee  appointed  to  receive  proposals  from  gt^^'^^Jj^g^^-' 
the  right  Hon'''  the  Earl  of  Loudoun  &c  Confer  with  the  Commis-  joumai,  p.  305. 
sioners  from  the  other  Governm*^  now  at  Boston,  About  some  effectual  '^^l^\  \^' 
Method  for  preventing  Provisions  &  Warlike  Stores  being  Carried  ^^p'^°-'  <^*i^P- 
out  of  any  of  these  Colonies  to  the  French  And  to  Concert  Measures 
with  them  for  y*  purpose.     \^Passed  February  2. 


CHAPTER    316. 

ORDER  IMPOWERING  EBENEZER  JONES,  ADM^,  TO  SELL  REAL    ESTATE 
AND  MAKING  PROVISION  IN   REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Ebenezer  Jones  of  Norton  in  the  County  of  Bristol  Reford8o?the 
Administrator  on  the  Estate  of  Joseph  Jones  of  Easton  in  the  County  Council,  xxi., 
aforesaid.     Shewing  that  the  debts  of  the  said  deceased  amount  to  Archi^es?xix., 

£25.12.4  more  than  his  personal  Estate,  that  his  real  Estate  was  ^ 

appriz'd  at  £27.14.8  only;  &  praying  liberty  to  sell  the  same  for  the  Mass. 

jflTii  1  Or-  Archives,  xix., 

payment  of  debts,  charges  &'^  497,499.  House 

T?pqfl    Anrl  Journal, 

neaa  Ana  p.  soefeis. 

Ordered,  That  the  Prayer  of  this  Petition  be  granted  &  y*  y*  Pet  Province 
in  his  said  Capacity  be,  &  hereby  is  Authorized  &  impowered  to  make  chap.  10."'  ' 
Sale  of  y®  reall  Estate  mentioned  for  the  most  the  same  will  fetch, 
And  to  make  and  execute  a  good  &  sufficient  Deed  or  Deeds  of  the 
same,  he  Observing  the  Law  relating  to  the  Sale  of  reall  Estates,  & 
giving  sufficient  Caution  to  the  Judge  of  Probate  for  y*  County  of 
Bristol  that  y^  Overplus  arising  by  said  Sale  (if  any  be)  besides  pay- 
ing the  just  Debts  of  y*  said  Dec"^  shall  be  paid  to  the  Heirs  of  s* 
dec*^  agreable  to  Law.     [^Passed  February  2. 


CHAPTER    317. 

VOTE  THAT  THE  COMMITTEE  TO  RECEIVE  PROPOSALS  FROM  THE  EARL 
OF  LOUDOUN  APPLY  TO  HIM  FOR  THE  REIMBURSEMENT  OF  EX- 
PENCES  OF  PROVISIONS. 

Voted,  That  the  Committee  appointed  to  receive  proposals  from  Legislative 
the  right  Hon  y^  Earl  of  Loudoun  &c,  Confer  with  the  Commis-  councif, xli!^^ 
sioners  from  the  other  Governm*'  for  the  same  purposes,  about  an  384.   Mass.  ' 
Application  to  his  Excellency  the  Earl  of  Loudoun  for  reimbursing  238?  ^^^^'  ^''' 
the  Expences  of  the  New  England  Colonies  in  Provisions  last  Year  House  Jour- 
for  the  Army  at  Crown-point,  and  That  the  said  Committee  be  ^tpro"cha'p"^* 

315. 
^  Not  found  in  the  House  Journal. 


658 


Province  Laws  (Hesolves,  e^c.).  — 1756-57.  [Chaps.  318-320.] 


directed  to  Attend  his  Lordship  severally  or  jointly  with  the  said 
Commissioners,  as  they  Shall  judge  best,  &  pray  his  favour  on  this 
behalf.     [Passed  Febrtcary  3. 


CHAPTEE    318. 


Legislative 
EecordB  of  tlie 
Council,  xxi., 
384.    Mass. 
Archives, 
Ixxvi.,  266. 

House  Jour- 
nal, p.  308. 


ORDER  TO  LODGE  THE  MUSTER  ROLLS  OF  THE   CROWN   POINT   EXPE- 
DITION  WITH  THE  CLERK  OF  THE  HOUSE  FOR  INSPECTION. 

In  Council 
Ordered  That  the  several  Muster  Rolls  relative  to  the  Crown  Point 
Expedition  be  lodgd  with  the  Clerk  of  the  House  of  Eepresentatives 
before  they  are  passed  upon  by  this  Board,  for  the  Inspection  of  the 
Members  of  that  House,  who  may  be  most  likely  to  discover  any 
Frauds  or  Mistakes  with  regard  to  the  Persons  belonging  to  their 
respective  Towns  born  upon  said  Rolls. 
In  the  House  of  Rep* 
Read  and  Concurred.     [Passed  February  4.^ 


CHAPTER    319. 


Legislative 
Records  of  the 
Council,  xxi., 
361.    Mass. 
Archives, 
xliv.,  352. 

Mass. 
Archives, 
xliv.,  350. 
Legislative 
Records  of  the 
Council,  xxi., 
385.    House 
Journal, 
pp.  282,  307. 


ORDER  DISCHARGING  SARAH   HUNT  FROM  THE  EXECUTION    OF    ISAAC 

SAVAGE. 

A  Petition  of  Sarah  Hunt  of  Boston,  Widow,  Shewing  That 
She  was  Partner  in  trade  with  her  Son  in  law  John  Salmon  deceas'd, 
that  said  Salmon  died  insolvent,  and  that  she  has  assign'd  over  all 
she  has  in  the  world  to  the  administrators  for  payment  of  the  Com- 
pany's debts,  &  gave  up  to  them  all  her  rights  &  advantages  of  Sur- 
vivorship, hereupon  expecting  not  to  be  accountable  as  Survivor, 
That  the  Creditors  acquiesced  in  this  Method,  and  brought  in  their 
Claims  accordingly;  and  that  one  Isaac  Savage  among  the  rest  had 
so  done :  Who.  (having  in  the  life  time  of  the  said  Salmon  brought 
an  Action  against  the  Company,)  has  notwithstanding  taken  judge- 
ment against  the  Petitioner  and  Execution  for  £39.14.2  and  Costs 
amounting  to  £6.9.4  more  Therefore  praying  the  interposition 

of  this  Court  for  her  Releif. 

Read  & 

Ordered  That  the  said  Sarah  on  her  Paying  the  sum  of  Six  pounds 
nine  shillings  &  4*^  being  the  Cost  in  the  Action  abovementioned  be 
&  she  hereby  is  fully  Discharged  from  the  Execution  of  the  said  Isaac 
Savage  mentioned  in  the  Petition,  save  only  to  the  said  Savage  his 
proportion  out  of  the  Estate  of  John  Salmon  deced  according  to  the 
Decree  of  the  Judge  of  Probate  for  the  County  of  Suffolk.  [Passed 
February  4. 


CHAPTEE    320. 


Legislative 
Records  of  the 
Council,  xxi., 
386.    Mass. 
Archives, 
Ixxvi.,  191. 


ORDER  GRANTING  2.50  ACRES  OF  LAND  TO  WIDOW  AND  CHILDREN  OF 
CAPT  PHINEAS  STEVENS. 

A  Petition  of  Samuel  Stevens,  Son  of  Capt"  Phineas  Stevens 
in  behalf  of  his  Mother  the  Widow,  &  the  Family  of  the  de- 
ceased    Shewing  that  his  said  Father  spent  the  greater  part  of 

^  This  date  is  according  to  Mass.  Archives  and  the  House  Journal;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  the  3d. 


[5th  Sess.]     Province  Laws  (Besolves,  etc.).  — 1756-57.  659 

his  days  in  the  Service  of  the  Province,  &  as  he  hopes  to  accept-  ^^j|P^g*^^j*|g 
ance,  but  living  on  an  exposed  Frontier,  &  having  had  a  Family  xiu.,  u. 
to  provide  for;  he  has  not  been  able  to  procure  an  Estate  for  ^a'i"pp."^3*J)'J)"302, 
them,  notwithstanding  the  pay  he  had  received  from  the  Govern-  aos.' 
ment    Therefore  praying  for  a  Grant  for  the  support  of  the  Widow 
&  children. 

Eead  and 

Ordered,  That  There  be  Granted  to  Widow  &  Children  of  y^  late 
Cap*^  Phineas  Stevens  mentioned  deceased  Two  hundred  &  fifty  Acres 
of  the  unappropriated  Lands  belonging  to  y*^  Province  in  the  County 
of  Hampshire  in  Consideration  of  his  Services  to  this  Governm*  for 
many  Years  from  time  to  time  before  his  decease ;  The  Petitioner  to 
take  Care  y'  said  Lands  be  laid  out  by  a  Skilful  Surveyor  &  Chain- 
Men,  on  oath  &  to  return  to  this  Court  a  Plan  thereof  for  Confir- 
mation in  two  years.     [Passed  February  4. 


CHAPTEE    321. 

VOTE  THAT  THIS  GOVERNMENT  RAISE  1,800  MEN  ON  ACCOUNT  OF  THE 
4,000  MEN  REQUIRED. 

In  Answer  to  his  Excellency  the  Right  Hon''  y*  Earl  of  Loudoun's  Legislative 
proposals  to  the  Commissioners  of  the  several  Governments  to  raise  councif,  xx*l,^ 
four  thousand  men,  to  be  employed  in  his  Majesty's  Service  under  389  Mass. 
his  Lordships  Command  as  General  &  Commander  in  Chief  of  his  ixxvi.,  270. 
Majesty  *  Forces  in  North  America,  under  such  Limitations  &  Con-  Ante, p.  656, 
ditions  as  in  his  Lordship's  proposals  Mentioned,  *^^^p-  ^^** 

Voted  That  this  Government  will  raise  eighteen  hundred  effective 
Men  (part  of  y^  said  four  thousand  Men  including  officers)  for  y*" 
service  aforesaid  to  be  raised  in  such  Manner  as  this  Court  shall 
hereafter  agree  on.'     [Passed  February  7. 


CHAPTEE    322. 

VOTE  THAT  THE  COMMITTEE  TO  RECEIVE  PROPOSALS  FROM  THE  EARL  Legislative 
OF  LOUDON  CONFER  WITH  HIM  IN  REGARD  TO  WOOD  AND  BEDS  FOR  5^f  °'.<?f  *tVi^® 
CASTLE   WILLIAM.  390         ' 

Voted  That  the  Committee  appointed  to  receive  Proposals  from  Refordso?the 
the  Right  honourable  the  Earl  of  Loudoun  &=  be  directed  to  con-  3g*^"°p].'o^]^n;;e 
fer  with  his  Lordship  on  the  subject  matter  of  the  Message  [in  regard  Laws,  iii.,1074, 
to  wood  and  beds  for  the  garrison  at  Castle  William.     See  Legisla-  p°^4,  ^hap! 
tive  Records  of  the  Council,  xxi.,  388.]  from  the  honourable  Board  284.  |w«. 
to  the  House  of  this  Forenoon  &  report.*     [Passed  February  8. 


CHAPTEE    323. 

ORDER  TRANSFERRING  SUNDRY  APPROPRIATIONS. 

Ordered  That  there  be  a  transfer  of  the  Sum  of  Two  hundred  &  ^fordg'^j  t^e 
thirty  five  pounds  eight  shillings  &  fourpence,  being  the  ballance  council,  xxi., 
of  the  appropriation  for  purchasing  Fire  Arms  &  of  the  Sum  of  ^ 

>  Sic. 

*  Not  found  in  the  House  Journal. 


660 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  324-326.] 


House  Jour- 
nal, p.  314. 
Province 
Laws,  iil.,  899, 
chap.  29;  980, 
chap.  3. 


fifteen  hundred  pounds  from  the  Appropriation  for  Grants  amount- 
ing in  the  whole  to  the  Sum  of  Seventeen  hundred  &  thirty  five 
pounds  eight  shillings  and  four  pence  to  the  appropriation  for  Forts 
&  Garrisons. 

That  there  be  a  transfer  of  the  Sum  of  One  thousand  pounds 
from  the  appropriation  for  the  Commissary's  disbursements  to  the 
Appropriation  for  debts  where  there  is  no  Establishment.  Also  that 
there  be  a  transfer  of  the  Sum  of  fifteen  hundred  pounds  from  the 
Appropriation  for  Grants  to  the  appropriation  for  the  Pay  of  the 
General  Court.  And  that  the  Treasurer  be  and  he  hereby  is  directed 
to  conform  himself  accordingly.     \^Passed  February  8. 


CHAPTEE    324. 


ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 


Legislative 
Records  of  the 
Council,  xxi., 
393.    Mass. 
Archives, 
Ixxvi.,  272. 

Mass. 
Archives, 
Ixxvi.,  188. 
House  Jour- 
nal, p.  311. 


Ordered,  That  there  be  allowed  and  paid  out  of  y°  public  Treas- 
ury to  William  Richardson  Esq""  for  y*^  Use  of  Hannah  Woods  four 
pounds  eight  Shillings,  To  Cap*  Ebenezer  Barker  for  the  use  of 
George  Davis  forty  four  Shillings,  And  to  Cap*^  Jabez  Upham  for 
the  use  of  Benjamin  Brooks  thirty  Shillings,  in  full  Consideration 
of  y*  Expences  &c  mentioned  in  their  respective  Petitions,  in  the 
Crown  point  Expedition  in  1755.     \^Passed  February  8. 


CHAPTER    325. 

ORDER  DIRECTING  ELDAD  TAYLOR  ESQ«  TO  RETURN  DEED  OF  LAND 
PURCHASED  WITH  AN  ACCOUNT  OF  HIS  PROCEEDINGS,  ALSO  ORDER 
SUSPENDING  FURTHER  PROCEEDINGS. 


Legislative 
Records  of  the 
Council,  xxi., 
393.    Mass. 
Archives, 
xxxii.,  756. 

House  Jour- 
nal, p.  314. 
Ante,  p.  576, 
chap.  114. 


Ordered,  That  Eldad  Taylor  Esq'  who  was  appointed  by  this  Court 
to  see  Justice  done  to  y*  Indians  in  the  Purchase  which  Jonathan 
Willard  &  others  were  allowed  to  make  of  a  Tract  of  Land  lying 
in  the  County  of  Hampshire,  be  directed  to  return  the  said  Deed 
to  this  Court  with  an  Acco*  of  his  proceedings  therein     Also 

Ordered,  That  all  further  proceedings  by  said  Willard  &  others 
in  Consequence  of  said  Licence  be  suspended  till  the  further  Order 
of  this  Court.     \^Passed  February  8. 


CHAPTER    326. 


VOTE  APPOINTING  A  COMMITTEE    FOR    FARM^  OUT    THE    EXCISE 
STRONG  LIQUORS  IN  SUFFOLK  COUNTY. 


ON 


Legislative 
Records  of  the 
Council,  xxi., 
393. 

House  Jour- 
nal, p.  312. 
Province 
Laws,  ill.,  1071, 
note. 


In  the  House  of  Eepresentatives ; 

Voted  that  Jeremy  Gridley  &  Samuel  Miller  Esq"  with  such  as 
the  Honourable  Board  shall  join  be  a  Committee  to  farm  out  the 
duties  of  Excise  on  spirituous  Liquors  in  the  County  of  Suffolk 
for  the  ensuing  year. 

In  Council  Read  and  concurred,  &  John  Erving  Esq''  is  joined 
in  the  Affair.     [^Passed  February  8. 


[5th  Sess.]     Province  Laws  (Besolves,  etc.).  — 1756-57,  661 


CHAPTEK    327. 

VOTE  APPOINTING  A  COMMITTEE   FOR    FARM«  OUT    THE    EXCISE    ON 
STRONG  LIQUORS  IN  ESSEX  COUNTY. 

In  the  House  of  Eep^  R^^^^d^'^f^th 

Voted,  That  John  Tasker  Esq'  &  M''  Dan^  Stamford  with  such  as  councif,  xxi., 
the  Honourable  Board  shall  join  be  a  Com"''  to  farm  out  y®  Duties  ArchiVes^^" 
of  Excise  on  spirituous  Liquors  in  the  County  of  Essex  for  the  cxx.,  173.' 

ensuing  Year  House  Jour- 

In  Council  Read  and  Concur'd  and  Benjamin  Lynde  Esq'  is  joined  province^' 
in  the  Affair.     [Passed  February  8.  Laws,  iii.,1071, 


CHAPTER    328. 

VOTE  APPOINTING  A  COMMITTEE   FOR    FARM»  OUT    THE    EXCISE    ON 
STRONG  LIQUORS  IN  MIDDLESEX  COUNTY. 

In  the  House  of  Eepresentatives  Legislative 

Voted  that  M""  Henry  Prentice  &  James  Russell  Esq"  with  such  councif,  xxi.,^ 

as  the  honourable  Board  shall  join  be  a  Committee  to  farm  out  ^^ 

the  duties  of  Excise  on  spirituous  Liquors  in  the  County  qf  Mid-  ^""^^  3{!2"'"' 
dlesex  for  the  ensuing  year.  province  ' 

In  Council  Read  and  Concurred  and  William  Brattle  Esq'  is  joined  notr*  "'■'  ^"^^• 
in  the  Affair.     [Passed  February  8. 


CHAPTER    329, 

VOTE  APPOINTING  A  COMMITTEE    FOR    FARM»  OUT    THE    EXCISE    ON 
STRONG  LIQUORS  IN  HAMPSHIRE  COUNTY. 

In  the  House  of  Representatives  Legislative 

Voted  ih.d,i  Israel  Williams  and  Joseph  Hawley  Esq"  with  such  as  couricif,  xxi.f 
the  Honourable  Board  shall  join  be  a  Committee  to  farm  out  the  ^^^- 
duties  of  Excise  on  spirituous  Liquors  in  the  County  of  Hampshire  ^fj}^®®  gjT''" 
for  the  ensuing  year.  Province 

In  Council    Read  and  concurred  and  Eleazer  Porter  Esq'  is  joined  note.^'  "^''  ^°^^' 
in  the  Affair.     [Passed  February  8. 


CHAPTER    330. 

VOTE  APPOINTING  A  COMMITTEE   FOR    FARM»  OUT    THE    EXCISE    ON 
STRONG  LIQUORS  IN  WORCESTER  COUNTY. 

In  the  House  of  Representatives  r®^'^!?"^?  h 

Voted    That  Timothy  Pain  &  William  Richardson  Esq''  with  such  council,  xxi., 

as  the  honourable  Board  shall  join  be  a  Committee  to  farm  out  the  ^^ 

duties  of  Excise  on  spirituous  Liquors  in  the  County  of  Worcester  ^aTrf  312"^' 
for  the  ensuing  year.  Province  ' 

In  Council,    Read  and  concurred  and  John  Chandler  Esq'  is  joined  note.^'  "^•'^°'^' 
in  the  Affair.     [Passed  February  8. 


662 


Province  Laws  {Resolves,  etc).  — 1756-57.  [Chaps.  331-334.] 


CHAPTER    331. 


VOTE  APPOINTING  A  COMMITTEE   FOR    FARM^  OUT    THE    EXCISE    ON 
STRONG  LIQUORS  IN  PLYMOUTH  COUNTY. 


Legislative 
Kecords  of  the 
Council,  xxi., 
394. 

House  Jour- 
nal,  p.  312. 
Province 
Iiaw8,iii.,  1071, 
note. 


In  the  House  of  Representatives 

Voted  That  Thomas  Foster  and  Gamaliel  Bradford  Esq"  with 
such  as  the  honourable  Board  shall  join  be  a  Committee  to  farm 
out  the  duties  of  Excise  on  spirituous  Liquors  in  the  County  of 
Plymouth  for  the  ensuing  Year. 

In  Council  Eead  and  concurred  &  John  Cushing  Esq"^  is  joined 
in  the  Affair.     \_Passed  February  8. 


CHAPTER    332. 

VOTE  APPOINTING  A   COMMITTEE   FOR    FARM**  OUT    THE    EXCISE    ON 
STRONG  LIQUORS  IN  BARNSTABLE   COUNTY. 


Legislative 
Records  of  the 
Council,  xxi., 
394. 

House  Jour- 
nal, p.  312. 
Province 
Laws,  iii.,  1071, 
note. 


In  the  House  of  Representatives 

Voted  That  James  Otis  and  Roland  Cotton  Esq''*  with  such  as  the 
honourable  Board  shall  join  be  a  Committee  to  farm  out  the  duties 
of  Excise  on  spirituous  Liquors  in  the  County  of  Barnstable  for  the 
year  ensuing. 

In  Council  Read  and  concurred  &  Sylvanus  Bourne  Esq'  is 
joined  in  the  affair.     \^Passed  February  8. 


CHAPTER    333. 

VOTE  APPOINTING  A  COMMITTEE    FOR    FARM«  OUT   THE    EXCISE    ON 
STRONG  LIQUORS  IN  BRISTOL  COUNTY. 


Legislative 
Records  of  the 
Council,  xxi., 
395. 

House  .Jour- 
nal, p.  313. 
Province 
Laws,  iii.,  1071, 
note. 


In  the  House  of  Representatives 
Voted     That  Samuel  White  Esq'  &  M""  Thomas  Maxy  with  such 
as  the  honourable  Board  shall  join  be  a  Committee  to  farm  out  the 
duties  of  Excise  on  spirituous  Liquors  in  the  County  of  Bristol  for 


the  ensuing  Year. 


In  Council    Read  &  concurred  and  George  Leonard  Esq'  is  joined 
in  the  Affair.     [Passed  February  8. 


CHAPTER    334. 

VOTE  APPOINTING  A  COMMITTEE    FOR    FARM^  OUT    THE    EXCISE    ON 
STRONG  LIQUORS  IN  YORK  COUNTY. 


Legislative 
Records  of  the 
Council,  xxi., 
395. 

House  .Jour- 
nal, p.  313. 
Province 
Laws,  iii.,  1071, 
note. 


In  the  House  of  Representatives 

Voted  That  John  Bradbury  Esq'  &  M'  Benjamin  Chadburn  with 
such  as  the  honourable  Board  shall  join  be  a  Committee  to  farm  out 
the  duties  of  Excise  on  spirituous  Liquors  in  the  County  of  York 
for  the  ensuing  Year. 

In  Council  Read  &  concurred  &  Richard  Cutt  Esq'  is  joined  in 
the  affair.      [Passed  February  8. 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  663 


CHAPTEE    335. 

VOTE  APPOINTING  A  COMMITTEE   FOR    FARM«  OUT    THE    EXCISE    ON 
STRONG  LIQUORS  IN  THE   COUNTY  OF  DUKES  COUNTY. 

In  the  House  of  Eep'  Refordsofthe 

Voted,  That  John  Norton  Esq'  &  M''  Gersh""  Cathcart  with  such  council,  xxi., 
as  the  Honourable  Board  shall  join  be  a  Com'*'''  to  farm  out  the  Archi^esTcxx., 

Duties  of  Excise  on  Spirituous  Liquors  in  County  of  Dukes  County  Y}^ 

for  the  ensuing;  Year  House  Jour. 

In  Council  Read  »&  Concur'd  and  Zacheus  Mayhew  Esq"  is  joined  proVince ' 
IntheAfEair.     [Passed  February  8.  notef ' '""  ^°'^' 


CHAPTEK    336. 

VOTE  APPOINTING  A   COMMITTEE    FOR   FARM«  OUT    THE    EXCISE    ON 
STRONG   LIQUORS  IN  NANTUCKET  COUNTY. 

In  the  House  of  Eepresentatives  Legislative 

Voted     That  Abishai  Folger  &  Jonathan  Coffin  Esq"  with  such  c^SxiK® 

as  the  honourable  Board  shall  join  be  a  Committee  to  farm  out  the  '^^ 

duties  of  Excise  on  spirituous  Liquors  in  the  County  of  Nantuckett  House  Jour- 
f or  the  ensuing  Year.  Prov^iice  ' 

In  Council     Read  and  concurred  and  Josiah  Coffin  is  joined  in  note.^'^'^''^'^^^' 
the  Affair.     [Passed  February  8. 


CHAPTER    337.  i'ffl?!?... 

Council,  xxi., 
396      Miss 
VOTE  DIRECTING  THE   COMMISSARY  GENERAL  TO  FURNISH  BEDS  FOR  Archives,  " 
BARRACKS  AT  CASTLE  ISLAND.  lxxvi.,275. 


Mass. 

Voted,  That  the  Commissary  General  be  directed  to  furnish  the  i^^^^.^ItL 
Barracks  now  built  on  Castle  Island  with  a  sufficient  Number  of  Ho^seJour. 
Beds  for  the  Use  of  his  Majesty's  Forces  that  are  or  may  be  sent  AntF,'\>.m, 
there.     [Passed  February  9.  «^^p-  ^' 


CHAPTER    338. 

ORDER  DIRECTING  THE  REMOVAL    OF    CHARLES   MIUS    FROM    PLYM- 
OUTH  TO   WAREHAM,  ETC. 

A  Petition  of  Charles  Mius  one  of  the  late  French  Inhabitants  Legislative 
of  Nova  Scotia,  complaining  of  the  great  hardships  which  He  &  his  co^n^ff  ^x*? ^ 
Family  suffer  at  Plymouth  where  they  now  reside,  &  of  his  being  396.  Mas's. 
deprived  of  a  barrell  of  Beef  &  six  bushells  of  Salt,  his  own  prop-  xxm.^sos. 
erty,  brought  from  Cape  Sables  and  praying  releif.  mim. 

Read  &  xim^^loi  304 

Ordered,  That  the  Select-Men  of  y^  Town  of  Plymouth  be  &  House  Jour- 

hereby  are  directed  to  Assist  y^  Petitioner  in  settling  y®  affair  of  293,'3]5'.^^ptov.' 


664 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  339-341.] 


^nce^Laws^iii.,  the  Beef  &  salt  mentioned,  with  M'  Thomson;  And  That  y«  S"* 
1059,  note.  '  Town  have  leave  by  their  Select-Men  to  remove  y®  Petitioner  & 
his  family  to  y''  Town  of  Wareham  (who  have  not  as  yet  received 
any  of  y^  late  Inhab''  of  Nova  Scotia,)  &  y'  y*"  Select  Men  of  s*^  Town 
of  Wareham  be  &  hereby  are  directed  to  provide  for  them  as  the 
Law  directs.     [^Passed  February  9. 


Ante,  p.  529, 
chap.  2. 


CHAPTER    339. 


ORDER  ALLOWING  £60  AND  A  FURTHER  SUM  OF  £15  TO  ROBERT  BALLS. 


Legislative 
Records  of  the 
Council,  xxi., 
397.    Mass. 
Archives,  Ixv., 
291. 

Mass. 

Archives,  Ixv., 
290.    House 
Journal,  p.  315. 


A  Petition  of  Robert  Balls  Keeper  of  the  Light  house,  praying 
an  allowance  for  his  Service  the  year  past,  &  a  reimbursment  of  the 
Sum  of  Fifteen  pounds  expended  for  fire  wood. 

Eead  and 

Ordered,  That  there  be  allowed  &  paid  out  of  y^  Public  Treasury 
to  y®  memorialist  Robert  Balls  y^  Sum  of  Sixty  Pounds  in  full  Con- 
sideration for  his  Services  as  Keeper  of  y*  Light  house  for  one  year 
ending  the  19*^  of  Nov""  last,  &  the  further  Sum  of  fifteen  Pounds 
in  discharge  of  his  Acco*  of  Fire  Wood  expended  for  the  greater 
benefit  of  y®  Lights  as  Mentioned.     [Passed  February  9. 


CHAPTER    340. 


ORDER  ALLOWING   £59.  1   TO   JOHN  WORTHINGTON. 


Legislative 
Records  of  the 
Council,  xxi., 
397.    Mass. 
Archives, 
Ixxvi.,  217. 

Mass. 
Archives, 
Ixxvi.,  217. 
House  Jour- 
nal, pp.  308, 310, 
311. 


A  Petition  of  John  Worthington  Esq""  of  Springfeild  praying 
an  Allowance  of  Fifty  nine  pounds  one  shilling  expended  in  his 
Majesty's  Service,  occasioned  by  the  impressing  twenty  nine  Ox 
Teams  by  order  of  Gov"  Shirley  and  sent  to  Albany  to  be  employed 
as  the  Earl  of  Loudoun  should  direct,  in  which  Sum  is  included 
£28.0.4  the  value  of  sundry  Cattle  and  other  Articles  lost  in  the 
Service. 

Eead,  And 

Ordered,  That  there  be  allowed  &  paid  out  of  the  public  Treas- 
ury to  y"*  Petitioner,  the  Sum  of  fifty  Nine  Pounds  One  Shilling  to 
be  by  him  [paid]  '  to  y^  parties  interested  agreeable  to  the  Acco' 
annexed.     [Passed  February  9. 


Legislative 
Records  of  the 
Council,  xxi., 
378,  397. 

House  Jour- 
nal, pp.  303, 317. 
Ante,  p.  183, 
chap.  35. 


CHAPTER    341. 

ORDER  IMPOWERING  JOHN  WORTHINGTON,  ESQ.,  TO  PUT  JOSEPH  LEE, 
ESQ.,  IN  POSSESSION  OF  HIS  LAND,  ETC 

A  Petition  of  Joseph  Lee,  Esq''  Shewing  That  in  the  year 

1754  He  purchased  a  Tract  of  Land  of  the  Government,  that  when 
he  came  to  take  possession  he  found  a  number  of  Persons  settled 
upon  it,  that  he  was  willing  they  should  continue  on  said  Lands 
upon  reasonable  terms,  but  they  refuse  either  to  purchase  or  attorn 
Tenants  therefore  praying  the  said  persons  may  be  removed  off  from 

^  Inserted  from  Legislative  Records  of  the  Council,  xxi.,  397. 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  665 

said  Land  that  he  may  peaceably  enjoy  the  same  &  further  that 
the  Bounds  of  a  Grant  formerly  made  to  the  Town  of  Hadley  adjoin- 
ing to  this  purchase  may  be  ascertained. 

[Report  of  committee]  Eead  and  accepted  & 

Ordered  that  John  Worthington  Esq''  be  directed  &  impowered, 
&  he  is  hereby  impowered  to  pursue  such  measures  in  the  Law  as 
may  be  effectual  to  remove  all  persons  who  had  taken  possession  of 
any  part  of  the  Province  Lands  sold  to  the  Petitioner  Joseph  Lee 
Esq""  &  to  put  him  into  quiet  possession  of  the  Same.  And  the 
said  John  Worthington  Esq'  is  likewise  directed  &  impowered  to 
employ  a  Surveyor  to  ascertain  the  G-rant  of  five  hundred  Acres 
heretofore  made  by  this  Court  to  the  Town  of  Hadley,  &  return  a 
plan  thereof  to  the  Court.     \^Passed  February  9. 


CHAPTER    342. 

VOTE  DIRECTING  THE  PROVINCE  TREASURER  TO  ALLOW    COL^  ABRA- 
HAM WILLIAMS  THE  BOUNTY  HE  PAID  MARSHALL  NEWTON. 

Whereas  it  is  represented  to  this  Court  by  Col°  Abraham  Wil-  ^Ifor^g^of  t^g 
liams  of  Malborough,  that  by  order  of  this  Court  he  inlisted  one  council,  xxi., 

Marshall  Newton  (among  sundry  other  Soldiers)  into  his  Majesty's  ^— . 

Service,  &  received  the  Bounty  money  for  said  Soldiers  of  the  Treas-  ^a°il^pp;^3°i6)^3i7. 
urer  and  gave  his  bond  to  account  with  the  Treasurer  for  such  Sum. 

And  as  the  said  Marshall  was  afterwards  commissioned  as  an 
Officer  in  said  Service,  the  Treasurer  refuses  to  make  CoP  Williams 
Allowance  in  his  said  account  for  the  Bounty  paid  said  Marshall 

Therefore 

Voted  That  the  Treasurer  be  directed  to  make  Allowance  to  said 
Williams  for  the  Bounty  paid  said  Marshall  &  give  him  credit  on 
his  Bond  therefor,  his  being  afterwards  made  an  Officer  notwith- 
standing.    \_Passedj  February  9. 


CHAPTER    343. 

ORDER    GRANTING    TO    WRESTLING    BREWSTER,    JUN«   LIBERTY    TO 
APPEAL  FROM  A  JUDGMENT. 

A  Petition  of  Wrestling  Brewster  jun""  of  Kingston  Shewing  that  Legislative 
on  the  6'^  day  of  Jan^  Ins*  he  was  taken  by  a  Warrant  from  Samuel  council, xxi., 
Bartlet  Esq'  &  carried  before  said  Justice  to  make  answer  to  the  com-  ArcWv^esT' 
plaint  of  Robert  Foster  of  said  Kingston  for  lying,  libelling,  &  defam-  xiiv.,  334.' 
ing  said  Robert,  That  he  that '  said  Wrestling  was  upon  trial  fined  Mass. 
by  said  Justice,  whereupon  he  desired  liberty  of  Appeal  to  the  Court  xuv.,^333.' 
of  Sessions,  but  was  denied.  Therefore  praying  he  may  be  allowed  Record^o/the 
an  Appeal,  or  otherwise  releived.  Council,  xxi., 

Read  together  with  the  Answers  and  other  Papers  accompanying  jo^,irn^?,"^^ 
the  same  and  thereupon  pp.  280,317. 

Ordered  that  the  Prayer  of  the  Petition  be  granted  and  that  the 
Pef  be  and  he  hereby  is  allowed  An  appeal  from  the  Judgement  of 
Samuel  Bartlet  Esq""  on  the  Action  within  mentioned  to  the  Next 
Court  of  General  Sessions  of  the  Peace  to  be  held  for  the  County 

1  Sic. 


mi) 


Province  IjAws(Besolves,etc.).  — 1756-57.  [Chaps.  344-346.] 


of  Plimouth  and  the  Justices  of  the  said  Court  are  hereby  impow- 
ered  &  directed  to  hear  and  try  the  same  &  to  enter  up  Judgement 
thereon  in  as  full  and  ample  manner  as  tho  the  said  appeal  had 
been  claimed  and  granted  as  the  Law  directs.    [Passed  February  10. 


Legislative 
Records  of  the 
Council,  xxi., 
399.    Mass. 
Archives, 
Ixxvi.,  248. 

Mass. 
Archives, 
Ixxvi.,  247. 
House  Jour- 
nal, p.  317. 


CHAPTEK    344. 

ORDER  ALLOWING  22/10  TO  JONATHAN  BARTLETT. 

A  Petition  of  Jonathan  Bartlett  of  Springfield  praying  an 
allowance  for  the  charge  of  bringing  his  Son,  a  Soldier  in  the 
Crown  Point  Expedition,  taken  sick  at  Albany,  from  thence  to 
Springfeild. 

Eead  & 

Ordered,  That  there  be  allowed  to  y^  Petitioner  the  Sum  of  Twenty 
two  Shillings  &  ten  pence,  &  that  y*  Same  be  paid  out  of  y"  public 
Treasury  for  his  use  to  John  Worthington  Esq'  in  full  Considera- 
tion for  his  Expences  Mentioned  on  Acc°  of  his  Sons  Sickness  whilest 
in  the  Service  on  y^  Expedition  against  Crown-point  in  y^  Year  1755. 
[Passed  February  10. 


CHAPTEK    345. 


Legislative 
Kecords  of  the 
Council,  xxi., 
399.    Mass. 
Archives, 
Ixxvi.,  278. 

Ante,  p.  454, 
chap.  316. 


RESOLVE  THAT  CAPTAINS  WHO  DID  NOT  COMPLETE  THEIR  COMPANIES 
SHALL  NOT  RECEIVE   WAGES  ACCORDING  TO  THE  ESTABLISHMENT. 

Resolved,  That  the  Oflficers  of  the  Companies  in  the  late  Expedi- 
tion against  Crown-point  Who  did  not  raise  a  Compleat  Company 
of  fifty  Men  Shall  not  be  intitled  to  y''  Wages  According  to  the 
Establishm*.'     [Passed  February  10. 


CHAPTEK    346. 


ORDER  DIRECTING  THE  COMMISSARY  GENERAL  TO  FURNISH  BLANKETS 
FOR  THE  BARRACKS  AT  CASTLE   WILLIAM. 


Legislative 
Records  of  the 
Council,  xxi., 
400.    Mass. 
Archives, 
Ixxvi.,  285. 

House  Jour- 
nal, p.  322. 
Ante,  p.  663, 
chap.  337. 


Ordered  that  the  Commissary  General  be  directed  to  furnish  the 
Barracks  lately  built  at  Castle  William  with  Blanketts  as  well  as  Beds 
for  the  use  of  such  of  his  Majestys  Forces  as  are  or  may  be  sent 
thither,  He  taking  a  Certificate  from  one  or  more  of  the  Principal 
Officers  who  may  have  the  immediate  Command  of  them  that  such 
things  have  been  received  and  that  he  lodge  a  Copy  thereof  with  the 
Lieutenant  of  Castle  William  who  is  hereby  directed  to  receive  and 
take  Account  of  all  the  Province  Stores  which  may  be  left  in  said 
Barracks,  in  the  presence  of  some  of  said  Officers,  when  the  Forces 
shall  quit  the  Barracks.     [Passed  February  12. 

*  Not  found  in  the  House  Journal. 


[5th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1756-57.  667 


CHAPTER    347. 

VOTE    GRANTING    THE    PROTECTION    OF    THIS    GOVERNMENT    TO    M» 

HENRY   LEDDEL. 

Whereas  it  is  represented  to  this  Court  That  M^  Henry  Leddel  Rlf^^rds'of  the 
of  Boston  who  was  Secretary  to  General  Winslow  in  the  late  Expe-  council,  xxi., 
dition  against  Crown  point  will  be  wanted  to  attend  on  the  Com-  Archives^,^' 

mittees  of  the  General  Court  appointed  to  make  enquiry  into  any  ixxvl,  283. ^ 

Frauds  on  this  Government  &  for  y^  Muster  Eolls,  And  on  General  ^^^^^"^^^1^^ 
Winslow,  t&  the  Commissary  General  for  their  information  in  public  Ante.-p.^h, 
Matters  ^  _  chap.304. 

And  Whereas  the  said  Leddel  is  in  Danger  of  having  his  person 
exposed  to  Writts  &  Executions  from  his  Creditors  &c :  There 

fore 

Voted,  That  the  said  Henry  Leddel  be  granted  the  Protection  of 
this  Government  for  y®  aforesaid  Purposes  in  the  Town  of  Boston 
untill  y^  first  day  of  April  next ;  And  such  Protection  for  said  definite 
Time  shall  be  as  good  &  Valid  to  all  Intents  &  purposes,  as  any  pro- 
tection from  y*"  Common  Law,  and  the  Service  of  any  Writt  Execu- 
tion or  other  Civil  process  there  on  said  Leddel,  during  the  Con- 
tinuance of  such  Protection,  shall  be,  and  hereby  is  declared  void, 
and  the  Officer  arresting  him  shall  upon  the  Sight  of  a  Copy  of 
this  Order  Signed  by  the  Secretary  of  the  Province  discharge  him 
from  such  Arrest.     \_Passed  February  12. 


CHAPTER    348. 

VOTE  IN  REGARD  TO  THE  PAY  OF  THE  OFFICERS  IN  THE  LATE  CROWN  Legislative 

POINT   EXPEDITION.  Councif.xxi,^ 

402.    Mass. 

Voted,  That  the  Officers  who  were  in  the  Service  on  y^  Crown  i^x^vlIIsb. 
Point  Expedition  the  last  year  shall  be  paid  off  their  wages  accord-  ^^^^  p.  454, 
ing  to  Establishment,  The  Resolve  of  the  10""  Ins*  notwithstand-  chap!  sie. 

•         1       r  7->  7    7^  7  Y/o  Supra,  chap. 

mg.       yFassed  February  12.  345. 


CHAPTER    349. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARM«  EXCISE  ON 
TEA,  COFFEE,  ETC.  FOR  THE  COUNTY  OF  WORCESTER  AND  ALLOW- 
ING 187  8  FOR  THE  EXPENSE  THEREOF. 

The  Comitte  appointed  to  farm  out  the  Duties  of  Excise  upon  Legislative 
Tea  Coffee  and  China  Ware  in  the  County  of  Worcester  for  one  ^^Xdf, xxK® 
year  from  the  first  of  November  Last  did  on  the  first  of  February  ^^chiveY  cxx 
1757  being  the  Time  advertised  for  that  Purpose  attend  that  Ser-  173. 
vice,  and  Contracted  with  mr  Caleb  Eichardson  therefor  for  the  House  Jour- 
sum  of  Seven  pounds  Ten  shillings  he  being  the   Highest  Bid-  ^'J|^e^p^''^6°i3, 
der.  &  have  Taken  bond  of  s*^  Richardson  with  Sureties  as  chap'.  267. 

the  Law  Directs  &  Delivered  the  same  To  the  Province  Treasurer. 
^  order  of  y^  Comitte  John  Chandler 

•  Not  found  in  the  House  Journal. 


668 


Pkovince  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  350-352.] 


Legislative 
Records  of  the 
Council,  xxi., 
403. 

Mass. 

Archives,  xxi., 
594.    House 
Journal, 
pp.  318,324. 


Eead  and  Accepted,  And 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  the  said  Committee  the  sum  of  Eighteen  Shillings  &  eight 
pence  in  discharge  of  their  Account  of  Time  &  Expences  exhibited. 
\^Passed  February  12. 


CHAPTEE    350. 

ORDER  DIRECTING  THE  SECRETARY  TO  WRITE  TO  AGENT  BOLLAN  IN 
BEHALF  OF  PERSONS  TAKEN   CAPTIVE  AT  OSWEGO. 

Whereas  a  considerable  number  of  Carpenters  &  Others  Inhabi- 
tants of  this  Province  were  taken  Captives  at  Oswego  &  carried  to 
Canada,  &  probably  may  have  been  sent  to  England  to  be  exchanged. 
Therefore 

Ordered,  That  the  Secretary  write  to  M""  Agent  Bollan  &  acquaint 
him  with  the  Peculiar  Circumstances  of  these  persons  &  direct  him 
to  use  his  endeavours  that  they  may  be  sent  back  to  their  Families 
&  Friends  in  New  England  at  the  Charge  of  the  Crown.  \Passed 
Fehruary  14. 


CHAPTEE    351. 


Legislative 
Records  of  the 
Council,  xxi., 
403.    Mass. 
Archives, 
xxiii.,  348. 

Mass. 
Archives, 
xxiii.,  454, 455. 
Legislative 
Records  of  the 
Council,  xxi., 
265.    House 
Journal,  p.  324. 
Province 
Laws,  iii.,  1059, 
note.    Ante, 
p.  529,  chap.  2; 
p.  572,  chap. 
105. 


VOTE  APPOINTING  A  COMMITTEE  TO  CONFER  WITH  GOV*  LAWRENCE. 

In  the  House  of  Rep^^ 

Voted  That  Judge  Russell,  M'  Gridley,  &  M'  Bradbury,  with  such 
as  shall  be  joined  by  the  Honourable  Board,  be  a  Committee  to  Con- 
fer with  his  ExcelP'  Governor  Lawrence  in  order  to  y*  Obtaining  a 
reimbursement  of  the  Charges  this  Province  have  been  at  in  Sup- 
porting y*"  Inhabitants  of  Nova-Scotia,  As  well  those  who  were  im- 
mediately ordered  here  by  that  Grovernment  as  those  who  arrived 
here  from  some  of  his  Majesty's  Southern  Governm*^^  &  report. 
In  Council 

Read  &  Concur'd  «&  Jn°  Erving  &  W"  Brattle  Esq"  are  joined  in 
the  affair.     \^Passed  Fehruary  14. 


CHAPTEE    352. 


ORDER  GRANTING  WILLIAM  STANLEY  LIBERTY  TO  REVIEW  AN  ACTION. 


Legislative 
Records  of  the 
Council,  xxi., 
329.    Mass. 
Archives, 
xliv.,  324. 

Mass. 
Archives, 
xliv.,  323. 
Legislative 
Records  of  the 
Council,  xxi., 
404.    House 
Journal, 
pp.  245, 818, 328. 


A  Petition  of  William  Stanley  of  Kittery  shewing  that  he 
brought  an  Action  upon  a  written  promise  against  Moses  Wittum 
of  said  Kittery  to  the  Inferior  Court  of  Common  pleas  held  at 
York  on  the  second  Tuesday  of  July,  1756;  that  after  the  Plea 
was  given  &  issue  joined  the  written  evidence  of  the  promise 
declared  upon,  which*  he  expected  was  in  his  Attorneys  hands 
could  not  be  found,  whereupon  the  Verdict  was  against  him ;  he 
therefore  claim'd  an  Appeal,  but  his  Attorney  neglected  to  recog- 
nize for  him,  whereby  he  is  debarr'd  from  having  any  tryal  upon 
the  evidence  of  his  cause  without  the  Aid  of  this  Court.         there- 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57. 


669 


fore  praying  he  may  be  enabled  either  to  reveiw  his  said  Action  at 
the  Inferior  Court  of  Common  Pleas  for  the  County  of  York,  or 
to  bring  forward  an  Appeal  to  the  Superiour  Court  of  Judicature 
for  the  said  County,  or  that  he  be  otherwise  releiv'd. 

Eesolved  & 

Ordered  that  William  Stanly  have  liberty  to  review  the  action 
He  commenced  at  the  last  Inferiour  Court  of  Common  Pleas  held 
at  york  in  &  for  the  County  of  york  on  the  second  tuesday  of  July 
last  against  moses  Wittum  at  the  next  Inferiour  Court  of  Common 
Pleas  to  be  holden  at  york  aforesaid  on  the  first  tuesday  of  April 
next  And  the  Justices  of  s''  Court  be  &  hereby  are  as  fully 

impowred  then  &  there  to  hear  try  &  determine  s*^  Action,  give 
judgment  &  award  execution  thereon  as  if  the  same  was  then  to 
originate  or  as  they  might  have  done  had  the  late  law  of  the  Prov- 
ince for  Reviews  in  the  Inferiour  Courts  of  common  Pleas  been  in 
force.     \^Passed  February  15. 


CHAPTER    353. 


VOTE   ESTABLISHING  WAGES  OF  THE  OFFICERS  AND  SOLDIERS  OF  THIS 

GOVERNMENT. 

Voted,  That  y^  following  Establishment  be  made  of  Wages  for 
Officers  &  Soldiers,  to  be  Employed  in  his  Majesty's  Service  vmder 
the  Command  of  the  right  hon'  y*'  Earl  of  Loudoun,  Commander 
in  Chief  of  his  Majesty's  Forces  in  North  America,  viz' 

For  One  Colonel £18.                F  month 

For  2  Lieu*  Colonels  each 15.                    Ditto 

For  2  Majors  each 12.              .      Ditto 

For  17  Captains  each 8.                    Ditto 

For  17  first  Lieutenants \  k                     TS'ttn 

&  17.  2n'3  Lieutenants  each j  °-                    "^^^^ 

For  17  Ensigns  each 3.  10.             Ditto 

For  2  Chaplains  each 6.8.             Ditto 

For  two  Chirurgeons  each    ......  10.                    Ditto 

For  2  Chirurgeons  Mates  each 5.     6.  8.      Ditto 

For  each  Serjeant 2.    3.  1        Ditto 

For  each  Corporal 1.  18.  7        Ditto 

For  each  Drummer 1.  18.  7        Ditto 

For  each  Private  Soldier £1.  16.          ¥>  month 

For  a  Commissary 8                     Ditto 

\^Passed  February  16. 


Legislative 
Records  of  the 
Council,  xxl., 
411.    Mass. 
Archives, 
Ixxvi.,  292. 

House  Jour- 
nal, p.  327. 
Province 
Laws,  ill.,  1077, 
note. 


CHAPTER    354. 

ORDER  GRANTING  TO   SAMUEL    PITCHER    LICENCE   TO   SELL    STRONG 

DRINK. 


A  Petition  of  Samuel  Pitcher  of  Attleborough  in  the  County 
of  Bristol,  Praying  that  the  Court  of  General  Sessions  of  the 
Peace  to  be  holden  at  Taunton  in  said  County  on  the  second  Tues- 
day of  March  next  may  be  impowered  to  grant  him  a  License  to 
retail  spirituous  Liquors  at  his  House  in  Attleborough  aforesaid; 
he  having  been  approbated  by  the  Selectmen  for  that  purpose. 

Read  and 

Ordered,  That  y*  Prayer  of  this  Petition  be  granted,  And  that 
y^  Justices  of  said  Court  of  General  Sessions  of  y"  peace  be  &  hereby 


Legislative 
Records  of  the 
Council,  xxl., 
412.    Mass. 
Archives,  cxi., 
398. 

Mass. 

Archives,  cxi., 
397.    House 
Journal,  p.  331, 


670 


Province  Laws  {Resolves^  etc.).  — 1756-57.  [Chaps.  355-357.] 


are  impowered  to  licence  y''  Petitioner  as  a  retailer  of  Spirituous 
Liquors  in  said  Town  if  they  See  fitt  at  y"'  next  Term,  he  producing 
y^  Approbation  of  y''  Select  Men  of  Said  Town  for  that  purpose. 
[^Passed  February  16. 


CHAPTBK    355. 


ORDER  CONFIRMING  VOTE  OF  NORTH  PRECINCT  OF  HARWICH. 


Legislative 
Records  of  the 
Council,  xxi., 
412.    Mass. 
Archives, 
lxxvi.,226. 

Mass. 
Archives, 
lxxvi.,225. 
House  Jour- 
nal, pp.  326, 330. 


A  Petition  of  Barnabas  Freeman  &  Others  a  Committee  of  the 
North  Precinct  in  Harwich  Shewing  that  the  said  Precinct  at  their 
Meetings  on  the  30""  of  April  &  14  of  June  1756  voted  to  raise  Eighty 
pounds  in  order  to  hire  nine  men  required  of  them  for  the  Crown 
Point  Expedition,  in  consequence  of  which  the  Precinct  Treasurer 
&  others  have  borrowed  the  Sum  of  Sixty  pounds  &  hired  six  of  said 
men  therewith :  but  as  some  doubt  may  arise  concerning  the  legality 
of  the  Proceedings  of  the  Precinct  in  this  Affair  They  pray  for  an 
Order  of  this  Court  to  establish  the  same. 

Eead  and 

Ordered,  That  y^  Prayer  of  this  Petition  be  so  far  granted,  as 
That  y*"  Vote  of  Said  Precinct  at  their  meeting  therein  mentioned 
for  raising  the  sum  of  Eighty  Pounds  &  Assessing  y"  Inhabitants 
therefor,  be  And  hereby  is  rendered  valid  &  Effectual  in  Law,  & 
that  y''  Constable  of  s"^  Town  hereby  is  required  to  Collect  y"  same 
according  to  y"  Assessments  delivered  to  him  &  to  pay  it  to  the  pre- 
cinct Treasurer,  and  That  y^  Petitioners  are  hereby  fully  impowered 
to  draw  y*^  same  out  of  y®  said  precinct  Treasury  for  y^  purposes  Men- 
tioned in  y^  Petition.     \^Passed  February  16. 


Legislative 
Records  of  the 
Council,  xxi., 
414.    Mass. 
Archives, 
Ixxvi.,  305. 

House  Jour- 
nal, pp.  315, 334. 
Ante,  p.  455, 
chap.  318; 
p.  666,  chap. 
345;  p. 667, 
chap.  348. 


CHAPTER    356. 

VOTE  ALLOWING  £5.  8  PER  MONTH  TO   CAPTAINS  IN  SERVICE  ON  THE 
LATE   CROWN  POINT   EXPEDITION. 

Voted  That  the  several  Cap'^  in  the  service  on  the  Expedition 
against  Crown-point  the  last  Year  shall  be  intitled  to  five  pounds 
eight  shillings  ^  month  wages,  &  allowed  to  make  up  their  muster 
Eolls  Accordingly  any  Vote  to  y*"  Contrary  Notw""  Standi.  \^Passed 
February  17. 


CHAPTER    357. 


ORDER  IMPOWERING  THE   OVERSEERS  OF  THE   POOR    OF    SALEM    TO 
REMOVE  FRENCH  NEUTRALS  TO  DIVERS  TOWNS. 


Legislative 
Records  of  the 
Council,  xxi., 
414.    Mass. 
Archives, 
xxiii.,  314. 

Mass. 
Archives, 
xxiil.,  313. 


A  Memorial  of  Benjamin  Pickman  Esq""  by  order  of  the  Over- 
seers of  the  Poor  of  the  Town  of  Salem  Shewing  that  twelve  of 
the  French  Nova  Scotians  were  at  first  placed  in  the  Town  of  Salem, 
«&  since  that  Twenty  more  who  came  from  Cape  Sables,  &  being  well 
acquainted  with  Boats  and  Vessels,  there  is  great  hazard  of  their 
running  away  with  some  of  them  And  further  representing 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  671 

that  they  are  supported  at  a  greater  expence  at  Salem  than  they  House  Jour- 
would  be  in  some  other  Towns  of  the  Province  Therefore  praying  pro^ince^°'^^^" 
that  they  may  be  removed.  note^'llliif^^' 

Eead  and  p.  529,  chap!  2. 

Ordered,  That  y^  Overseers  of  y^  Poor  of  the  Town  of  Salem,  be 
and  hereby  are  allowed  &  impowered  at  the  Charge  of  the  Province 
to  remove  the  late  Inhabitants  of  Nova  Scotia,  who  have  been  placed 
there,  by  Order  of  this  Court  or  of  his  Majesty's  Council,  from  Said 
Town  to  y*"  Towns  &  in  the  proportion  following,  Viz'  seven  to  Hop- 
kingston,  five  to  Southborough  &  Eight  to  Tewksbury,  And  That 
y"  Select  Men  of  said  Towns  be  &  hereby  are  directed  to  support 
y^  said  Inhabitants  late  of  Nova  Scotia  in  the  manner  as  is  directed 
by  the  Laws  in  that  Case  made  &  provided.  And  that  the  twelve  of 
said  Inhabitants  who  were  first  ordered  to  Said  Town  of  Salem,  be 
removed  to  y*  Town  of  Sturbridge  to  be  under  the  Care  &  direction 
of  Moses  Marcy  Esq'  who  is  hereby  directed  to  provide  for  &  sup- 
port them  Accordingly,  at  as  small  expence  to  the  public  as  may  be. 
\_Passed  February  17. 


CHAPTER    358. 

VOTE   THAT  THE  BOUNTY  MONEY    FOR    SOLDIERS    BE    PAID    TO    THE 
COLONELS  OR  CHIEF  COMMANDING  OFFICERS. 

Voted,  That  the  Bounty  Money  for  inlisting  Men  into  his  Maj-  R^^'^!j**^Ptu 
esty's  Service  shall  be  paid  by  the  Treasurer  to  the  Colonels  or  chief  council, xxi., 
Commanding  Officers  of  each  Kegiment  within  this  Province  accord-  Archives,^' 
ing  to  the  Number  of  Men  that  shall  be  assigned  them  respectively  ixxvi., 314, 315. 
to  raise  at  six  Dollars  for  each  Man  to  be  by  them  paid  to  such  per-  House  Jour, 
sons  as  shall  enlist  into  said  Service  on  or  before  the  21^*  of  March  province' 
next,  and  pass  muster  for  effective  [s]  by  the  Commissarys  of  y*  musters  no^®'"^''  ^^'^^' 
that  shall  be  appointed  by  his  Hon""  the  Lieu'  Governor  for  that  pur- 
pose, the  said  Colonel  or  Chief  Officer  to  cause  to  be  lodged  in  the 
Secretarys  Office  an  Account  of  the  disposition  of  such  monys  by 
them  respectively  received  &  to  pay  the  balances  that  may  remain 
into  the  Province  Treasury  within  one  month  after  the  22^  of  March 
next.     {^Passed  February  18.^ 


CHAPTER    359. 

ORDER  IN  REGARD  TO  SUPPLYING  WOOD  &  CANDLES  FOR  THE  FORCES 
AT  CASTLE   WILLIAM. 

Whereas  in  Consequence  of  an  Application  made  to  his  Majesty's  Legislative 
Council  upon  the  Arrival  of  y^  Remains  of  Maj'  Gen^  Shirleys  &  Maj'  coS  xx*^,® 
Gen'  Pepperells  regiments  in  the  Town  of  Boston  the  Barracks  at  415.  Mass. 
Castle  W"  were  order*^  to  be  provided  with  as  Many  Beds  as  were  ixxvi.,  809. 
necessary  for  the  Forces,  &  Wood  &  Candles  were  also  provided  until  House  Jour- 
the  Gen'  C'  should  take  further  Order  therein,  or  until  the  Earl  of  °^\'PP-.f|^f  ^* 
Loudouns  Arrival  in  y^  Province,  &  Whereas  the  present  Cir-  chap!  337; 

cumstances  of  y*  Colonies  render  it  necessary  that  Part  of  his  Maj-  346.  '^  ^^' 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  February  17. 


672 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  360,  361.] 


estys  Eegular  Forces  should  be  employ'^  for  their  Protection,  &  this 
Court  have  already  ordered  Beds  &  Blankits  to  be  provided  for  y^ 
Use  of  said  Barracks  so  Long  as  it  shall  be  necessary  that  any  of  the 
s''  Forces  be  Continued  there,  &  being  willing  to  give  still  further 
Evidence  of  their  Zeal  for  his  Majestys  service  &  the  Protection  of 
his  Colonies 

It  is  hereby  further 

Ordered  That  AVood  &  Candles  be  allow*^  at  the  Charge  of  this 
Governm*  for  y"^  use  of  the  Forces  that  are  or  may  be  placed  in  S*^ 
Barracks  until  the  season  of  the  Year  when  they  shall  encamp,  & 
that  the  Allowance  of  Wood  from  y^  governm'^  be  one  Half  Cord 
^  Week  for  each  Fire,  the  Number  of  Fires  to  be  proportion*^  to 
the  Number  of  Men  which  Each  Eoom  in  said  Barracks  is  capable 
of  containing,  &  as  the  number  may  Increase  from  Time  to 

Time  additional  allowance  to  be  made  accordingly  until  the  sev- 
eral Eooms  in  y^  Barracks  now  built  there,  be  filled  &  no  further. 
[Passed  February  18. 


CHAPTEK    360. 


Legislative 
Records  of  the 
Council,  xxi., 
416.    Mass. 
Archives, 
Ixxvi.,  304. 

House  Jour- 
nal, p.  339. 


ORDER  ALLOWING  £10  TO  JOHN  BROCK. 

A  Petition  of  John  Brock,  second  Gunner  at  his  Majesty's  Castle 
William,  setting  forth  that  for  many  years  he  had  served  as  the  only 
Gunner  at  said  Castle  but  his  Majesty's  Service  &  the  importance  of 
that  Garrison  requiring  that  there  should  be  more  than  one  Gunner 
in  time  of  War,  he  consented  to  serve  as  second  Gunner,  whereupon 
his  Wages  have  been  reduced  from  £33.6.8  to  £30  fj  Annum  there- 
fore praying  for  an  augmentation  of  his  pay,  or  that  he  may  be  other- 
wise releived. 

Eead  And 

Ordered,  That  there  be  allowed  and  Paid  out  of  the  Public  Treas- 
ury to  the  Pef  John  Brock  the  suin  of  Ten  pounds  as  a  Gratuity  in 
Consideration  of  his  long  &  faithful  Services.    [Passed  February  18. 


CHAPTER    361. 


Legislative 
Records  of  the 
Council,  xxi., 
416.    Mass. 
Archives,  cxi., 
396. 

Mass. 

Archives,  cxl., 
395.    House 
Journal,  p.  335. 


ORDER  GRANTING  TO  THOMAS  PEARSON  LICENCE  TO  KEEP   AN    INN. 

A  Petition  of  Thomas  Pearson  praying  that  the  Justices  of  the 
Court  of  General  Sessions  of  the  Peace  for  the  County  of  Essex  may 
be  impowered  to  grant  him  a  license  to  keep  a  house  of  Public  Enter- 
tainment at  Amesbury  Ferry. 

Eead  and 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted  as 
that  the  Justices  of  the  Court  of  General  Sessions  of  y^  peace  for 
said  County  be  &  hereby  are  impowered  at  their  next  Term  to  grant 
y®  Petitioner  a  licence  (if  they  See  cause)  to  keep  an  house  of  public 
Entertainment  in  said  Town,  he  first  Obtain^  the  approbation  of  y® 
Select  men  of  s**  Town,  the  time  for  granting  Licences  being  Elapsed 
notwithstanding.     [Passed  February  18. 


[5th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1756-57.  673 


CHAPTEK    362. 

VOTE  ESTABLISHING  THE  WAGES  OF  JOHN  BROCK.  Legislative 

Records  of  the 

Voted,  That  the  Commanding  officer  at  his  Majesty's  Castle  Wil-  4n.  Mas's." 
liam  in  making  up  the  Muster  Eolls  of  the  Garrison  there,  be  allowed  i^^xvCsn. 
and  directed  to  carry  out  the  Wages  of  John  Brock  second  Gunner  House  Jour- 
at  the  rate  of  thirty  three  pounds  six  Shillings  &  eight  pence  ^  Year.  ^^'.  p-  339. 
\^Passed  February  18.  chap',  seo.  ' 


CHAPTEE    363. 

ORDER  ALLOWING  £750  TO  THE  JUSTICES. 

Ordered,  That  the  Sum  of  Seven  hundred  and  fifty  Pounds  be  Legislative 
granted  and  paid  out  of  the  publick  Treasury,  to  the  honourable  councff  xxi!^^ 
Justices  of  the  Superiour  Court  of  Judicature,   Court  of  Assize  ^n.  mAss".  '' 
and  General  Goal  Delivery,  for  their  Service  for  one  Year,  ending  xHv'^,^357! 
the  first  of  January  last.     [^Passed  February  18.  House  Jour- 

nal,  p.  336. 


CHAPTEK    364. 

ORDER  ALLOWING  £40  TO  THE  CHIEF  JUSTICE. 

Ordered,  That  the  Sum  of  Forty  Pounds  be  granted  and  paid  R^fords'Yth 
out  of  the  publick  Treasury  to  the  honourable  Stephen  Sewall,  couucii.xxi., 
Esq''  in  Consideration  of  his  faithful  Discharge  of  the  important  Arih^vesT' 
Trust  reposed  in  him  as  chief  Justice,  and  for  his  further  Encour-  xiiv.,  356.' 
agement  therein.     \ Passed  February  18.  House  Jour. 

°  *-  i/  nal,  p.  336. 


CHAPTEE    365. 

ORDER  ALLOWING   £250  TO  THE  PRESIDENT  OF  HARVARD   COLLEGE. 

Ordered,  That  the  Sum  of  Two  Hundred  and  fifty  Pounds  be  Legislative 
granted  and  allowed  to  be  paid  out  of  the  publick  Treasury  to  the  councif  xx\*^^ 
Rev:  M''  Edward  Holyoke,  President  of  Harvard-College,  over  and  «"•  Mass. 
above  the  Rents  of  Massachusetts-Hall,  for  one  Year,  ending  the  iviii.,^427.' 
tenth  Day  of  September  next,  to  be  paid  quarterly.     [^Passed  Feb-  House  Jour- 
ruary  18.  "i^i,  p.  336. 


674 


Province  Laws  {Besolves,  etc.).  — 1756-51.  [Chaps.  366-369.] 


Legislative 
Records  of  the 
Council,  xxi., 
417.    Mass. 
Archives, 
Iviii.,  427. 

House  Jour- 
nal, p,  337. 


CHAPTER    366. 

ORDER  ALLOWING  £100  TO  THE  PROFESSOR  OF  DIVINITY  AT  HARVARD 

COLLEGE. 

Ordered,  That  there  be  granted  and  allowed  to  be  paid  out  of  the 
publick  Treasury  to  the  Rev:  D''  Edward  Wigglesworth,  Hollisian- 
Professor  of  Divinity  at  Harvard-College  in  Cambridge,  the  Sum 
of  One  Hundred  Pounds,  as  a  Gratuity,  in  Consideration  of  his 
faithful  Discharge  of  the  great  and  important  Trust  reposed  in 
him;  and  for  his  further  Encouragement  therein.  [Passed  Feb- 
ruary IS. 


Legislative 
Records  of  the 
Council,  xxi., 

418.    Mass. 
Archives, 
Iviii.,  428. 

House  Jour- 
nal, p.  337. 


CHAPTER    367. 

ORDER  ALLOWING    £90   TO    THE    PROFESSOR    OF   MATHEMATICKS   AT 
HARVARD   COLLEGE. 

Ordered,  That  there  be  granted  and  allowed  to  be  paid  out  of  the 
publick  Treasury  to  John  Winthrop,  Esq''  Hollisian-Professor  of  the 
Mathematicks  and  natural  Philosophy  at  Harvard-College  in  Cam- 
bridge, the  Sum  of  ninety  Pounds,  as  a  Gratuity,  in  Consideration 
of  his  faithful  Discharge  of  that  Trust  reposed  in  him;  and  for  his 
further  Encouragement  therein.     [Passed  February  18. 


Legislative 
Records  of  the 
Council,  xxi., 
418.    Mass. 
Archives, 
Iviii.,  428. 

House  Jour- 
nal, p.  337. 


CHAPTER    368. 

ORDER   ALLOWING    £18    TO    THE    HEBREW    INSTRUCTOR    AT    HARVARD 

COLLEGE. 

Ordered,  That  there  be  granted  and  allowed  to  be  paid  out  of  the 
publick  Treasury  to  M'  Judah  Monis,  Hebrew-Instructor  at  Harvard- 
College  in  Cambridge,  the  Sum  of  Eighteen  Pounds,  as  a  Gratuity, 
in  Consideration  of  his  faithful  Discharge  of  that  Trust  reposed 
in  him,  and  for  his  further  Encouragement  therein.  [Passed  Feb- 
ruary 18. 


CHAPTER    369. 


ORDER   ALLOWING    £50   TO    EXECUTORS    OF   THE    LATE    SECRETARY 

WILLARD. 


Legislative 
Records  of  the 
Council,  xxi., 
418.    Mass. 
Archives,  xix., 
568. 

House  Jour- 
nal, p.  337. 


Ordered  That  the  Sum  of  Fifty  Pounds  be  granted  and  allowed 
to  be  paid  out  of  the  publick  Treasury  in  to  the  Hands  of  the  Ex- 
ecutors of  the  last  Will  and  Testament  of  the  honourable  Josiah 
Willard,  Esq''  Deceased ;  late  Secretary  of  this  Province,  in  full  for 
his  Service  to  the  Time  of  his  Decease,  to  be  disposed  of  as  his  per- 
sonal Estate,  agreable  to  his  last  Will.     [Passed  February  18. 


[5th  Sess.]     Province  Laws  [Hesolves,  etc.).  — 1756-57.  675 


CHAPTER    370. 

ORDER  ALLOWING  £92  ADDITIONAL  TO  THE   EXECUTORS  OF  THE  LATE 
SECRETARY   WILLARD. 

Ordered,  That  the  Sum  of  Ninety  two  Pounds  be  granted  and  Reford"of  the 
allowed,  to  be  paid  out  of  the  publick  Treasury  into  the  Hands  of  Council,  xxi., 
the  Executors  of  the  last  Will  and  Testament  of  the  honourable  Arcw^esTi.,  le. 
Josiah  Willard,  Esq''  Deceased ;  late  Secretary  of  this  Province  in  House  Jour- 
Consideration  of  his  extraordinary  Services,  to  the  Time  of  his  ^^^'P-^^- 
Decease,  to  be  disposed  of  as  his  personal  Estate,  agreable  to  his  sea  '^"'      ^" 
last  Will.     [Passed  February  18. 


CHAPTER    371. 

ORDER  ALLOWING  £267  TO  THE  TREASURER. 

Ordered  That  the  Sum  of  Two  hundred  &  sixty-seven  pounds  be  Legislative 
granted  &  allowed  to  be  paid  out  of  the  Public  Treasury  to  Harri-  cofmcif  xxi!^^ 
son  Gray  Esq'  Treasurer  &  Receiver  General  of  his  Majestys  Rev-  ^i9. 
enues  of  this  Province  for  a  years  Service  ending  the  23*^  day  of  House  Jour- 
December  last.     [Passed  February  18.  nai.p.  337. 


CHAPTER    372. 

ORDER  ALLOWING  £150  TO  THE  COMMISSARY  GENERAL.  Legislative 

Records  of  the 
Council,  xxi., 

Ordered,  That  there  be  granted  and  allowed  to  be  paid  out  of  the  4i9.  Mass. 
publick  Treasury  the  Sum  of  One  Hundred  and  fifty  Pounds  to  y®  ixxVi^Tsov. 
hon'  John  Wheelwright,  Esq""  Commissary-General,  for  his  Service  House  Jour. 
in  that  Office  for  one  Year.     [Passed  February  18.  iai»  p-  337. 


CHAPTER    373. 


ORDER  ALLOWING  4/  PER  DIEM  TO   THE  SPEAKER  OF  THE  HOUSE. 

In  the  House  of  Rep^^'  RefJrds  of  the 

Ordered,  That  there  be  granted  and  allowed  to  be  paid  out  of  the  council,  xxi., 

publick  Treasury  the  Sum  of  Four  Shillings  per  Diem,  to  the  hon-  Archiv^es?i".,i2. 

curable  Thomas  Hubbard,  Esq""  Speaker  of  the  House,  for  every  Day  House  Jour- 

of  his  Attendance  in  the  General  Court,  from  the  opening  of  the  nai,  p.  337. 

Session  on  the  26*  Day  of  May  1756,  over  and  above  his  Pay  as  a 

Member  of  this  House. 

In  Council  Read  &  Concurd.     [Passed  February  18. 


676 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  374-378.] 


CHAPTER    374. 

ORDER  ALLOWING   £75  TO  THE  CLERK  OF  THE   HOUSE. 

Record"of  the  Ordered,  That  there  be  granted  and  allowed  to  be  paid  out  of  the 
Council,  xxi.,  publick  Treasury  the  Sum  of  Seventy  five  Pounds  to  Henry  Gibbs, 
Archi^esTi.,  15.  Esq'  Clerk  of  the  House  of  Representatives,  for  his  Service  during 
House  Jour-  the  several  Sessions  of  the  General  Court  the  Current  Year.  [^Passed 
nai,  p.  338.        February  18. 


CHAPTER    375. 


Legislative 
Kecords  of  the 
Council,  xxi., 
419.    Mass. 
Archives, 
xiv.,  4. 

House  Jour- 
nal, p.  338. 


ORDER  ALLOWING  £6  TO  THE  CHAPLAIN  TO  THE  BOARD. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  publick  Treas- 
ury the  Sum  of  Six  Pounds  to  the  Rev.  M'^  Jeremy  Condy,  Chaplain 
to  the  honourable  Board  the  current  Year.     \_Passed  February  18. 


CHAPTER    376. 


Legislative 
Records  of  the 
Council,  xxi., 
419.    Mass. 
Archives, 
xiv.,  6. 

House  Jour- 
nal, p.  338. 


ORDER  ALLOWING  £6  TO  THE  CHAPLAIN  TO  THE  HOUSE. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  publick 
Treasury  the  Sum  of  Six  Pounds  to  the  Rev.  M'  Ebenezer  Pem- 
berton,  Chaplain  to  the  House  of  Representatives,  the  current 
Year.     \^Passed  February  18. 


CHAPTER    377. 


Legislative 
Records  of  the 
Council,  xxi., 
420.    Mass. 
Archives, 
xiv.,  5. 

House  Jour- 
nal, p.  338. 


ORDER  ALLOWING  £40  TO  THE  CHAPLAIN  AT  CASTLE  WILLIAM. 

Ordered,  That  there  be  granted  and  allowed  to  be  paid  out  of  the 
publick  Treasury  to  M'  John  Phillips,  Chaplain  of  his  Majesty's 
Castle  William,  the  Sum  of  Forty  Pounds,  as  a  Gratuity  for  his 
Service  in  that  Trust  for  one  Year.     \_Passed  February  18. 


CHAPTER    378. 


Legislative 
Records  of  the 
Council,  xxi., 
420.    Mass. 
Archives, 
Ixxvi.,  306. 

House  Jour- 
nal, p.  338. 


ORDER  ALLOWING  £50  TO  LIEU^  JOHN  LARRABEE,  OF  CASTLE  WILLIAM. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  publick  Treas- 
ury the  Sum  of  Fifty  Pounds,  to  John  Larrabee,  Lieut*  of  his  Maj- 
esty's Garrison  at  Castle  William,  in  Consideration  of  his  faithful 
Discharge  of  that  Trust  reposed  in  him.     \_Passed  February  18. 


[5th  Sess.]     Province  Laws  {Besolves,  etc.).  — 1756-57.  677 


CHAPTEE    379. 

ORDER  ALLOWING    £60  AND  A  FURTHER    SUM  OF  £40   TO  THE  DOOR 

KEEPER. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  publick  Treas-  Legislative 
ury  the  Sum  of  Sixty  Pounds  to  William  Baker,  Door-keeper  to  his  councff  xxi!*^ 
Honour  the  Lieutenant  Governour  and  this  Court,  for  his  Service  420.  Mass. 
for  one  Year,  to  be  paid  quarterly :  And  also  the  further  Sum  of  u.      ^^'  '' 
Forty  Pounds  in  Consideration  of  his  Expence  in  hiring  Assistance,  House  Jour- 
and  extraordinary  Care  and  Trouble  as  Doorkeeper.     [Passed  Feb-  nai,  p.  338. 
rtiary  18. 

CHAPTER    380. 

VOTE  ALLOWING  £300  TO  THE  LIEU^  GOVERNOR.  Legislative 

Records  of  the 

Voted,  That  there  be  allowed  and  paid  out  of  the  Public  Treasury  42o!'°Ma8s^^'' 
to  the  Honourable  Spencer  Phips  Esq"'  Lieu*  Governor  &  Commander  Archives,!., 
in  Chief  of  the  Province  the  Sum  of  three  hundred  Pounds  in  Con- 


sideration of  his  past  services,  &  further  to  enable  him  to  Carry  on  Records ^of  the 
the  AfEairs  of  the  Government.     [Passed  February  18.'  ^T^Houle'"' 

Journal,  p.  341. 


CHAPTER    381. 

VOTE  DESIRING  THE  LIEUT.   GOVERNOUR    TO    APPOINT    A   PERSON    TO 
TAKE  ACCOUNT  OF  ALL  THE  PROVINCE  ARMS,  ETC. 

It  BEING  of  great  importance  that  an  exact  &  seasonable  knowl-  R|for^**^f  th 
edge  be  had  of  the  State  &  circumstances  of  the  fire  Arms  that  council,  xxi., 

were  purchased  &  imported  by  this  Government  as  well  as  of  the  '^ 

Kings  Arms  that  were  delivered  for  the  Service  of  the  Forces  last  Archives 
year:  Therefore  ixxvi.,312. 

Voted  that  his  Honour  the  Leiutenant  Governor  be  desired  to  na^i^pp.saiMSo. 
employ  some  suitable  person  to  repair  to  Albany  &  to  take  an  chap.  Sef-^*' 
account  of  all  the  arms  &  stores  belonging  to  the  Province  that  p- ^^-i,  chap, 
have  been  lodged  there,  or  at  any  of  the  places  adjacent  or  that 
have  been  lodged  with  any  of  the  Officers  of  his  Majesty's  Forces 
by  any  of  the  Soldiers  in  the  pay  of  this  Government,  &  to  make 
application  to  such  Officers  that  such  Arms  &  Stores  may  be  deliv- 
ered for  the  use  of  this  Government. 

And  the  person  so  employed  is  hereby  impowered  to  seize  &  take 
into  his  Possession  all  Arms  which  have  the  Tower  Mark;  &  all 
Arms  that  have  been  imported  by  the  Government  in  any  part  of 
the  Province  where  they  may  be  found,  such  only  excepted  as  shall 
have  been  lodged  with  any  Persons  by  order  of  Court  in  order  to 
their  being  sent  to  the  Commissary  General  &  the  said  person  is 
hereby  directed  to  keep  an  account  of  all  the  Arms  aforesaid  & 
cause  the  same  to  be  laid  before  the  Leiutenant  Governor  as  soon 
as  may  be.  Provided  always  that  such  Sums  shall  be  paid  out  of 
the  publick  Treasury  to  any  Persons  who  may  have  purchased  any 
of  the  aforesaid  Arms  as  shall  be  equitable.     [Passed  February  18. 

•  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  February  22. 


678 


Province  Laws  {Besolves,  e^c.).  — 1756-57.  [Chaps.  382-384.] 


CHAPTER    382. 


VOTE  ESTABLISHING   THE   WAGES  OF  OFFICERS  &   SEAMEN  ON  BOARD 
Y^  PROVINCE  VESSELS. 


Legislative 
Records  of  the 
Council,  xxi., 
4'2'2.    Mass. 
Archives,  Ixv., 
298. 

House  Jour- 
nal, p.  334. 
Province 
Laws,  iii.,  1064, 
note.    Ante, 
p.  608,  chap. 
194. 


Voted,  That  there  be  the  following  Establishment  of  Wages  made, 
for  the  Officers  and  Sea  men  to  be  employed  in  the  Service  of  the 
Province,  on  Board  the  Vessels  now  building  for  guarding  the 
Coast.  Viz*^ 


For  a  Captain 

For  a  Lieutenant    . 

For  a  Master  . 

For  a  Pilot 

For  a  Doctor  . 

For  a  Chaplain 

For  a  Mate 

For  a  Carpenter 

For  a  Gunner 

For  a  Boatswain 

For  a  Cooper  . 

For  an  Armourer    . 

For  a  Coxswain 

For  a  Boatswains  Mate, 

For  a  Steward 

For  a  Cook 

For  a  Quarter  Master, 

For  each  Seaman, 


£8. 

p 

>•  Month 

5. 

Ditto. 

4. 

Ditto. 

4. 

Ditto. 

3. 

10. 

Ditto. 

3. 

10. 

Ditto. 

3. 

Ditto. 

3. 

Ditto. 

3. 

Ditto. 

3. 

Ditto. 

2. 

10. 

Ditto. 

2. 

10. 

Ditto. 

2. 

10. 

Ditto. 

2. 

5. 

Ditto. 

2. 

5. 

Ditto. 

2. 

5. 

Ditto. 

2. 

5. 

Ditto. 

2. 

Ditto. 

[Passed  February  18. 


CHAPTER    383. 


Legislative 
Records  of  the 
Council,  xxi., 
423.    Mass. 
Archives, 
Ixxvl.,  320. 

Mass. 
Archives, 
Ixxvi.,  198, 
209,  229,  288. 
House  Jour- 
nal, p.  332. 


ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  Public  Treas- 
ury to  Cap*  Ithamar  Hubbell  for  the  use  of  Jacob  Brown  Sixteen 
Shillings;  To  M""  William  Stickney  for  the  use  of  Obed  Abbot  thirty 
four  Shillings,  &  for  the  Use  of  John  Stearnes  twenty  Six  ShilP, 
To  Tim°  Brigham  Esq""  for  the  Use  of  Jonathan  Jackson  twelve 
Shillings ;  to  M""  Ephraim  Sherman  for  the  use  of  Hezekiah  Ward 
forty  Shillings,  &  to  John  Chadwick  fifty  one  Shillings  &  two  pence, 
in  full  Consideration  of  the  Expences  &c  in  the  Expedition  against 
Crown  Point  in  1755,  in  the  said  Petitions  &  Acco*  respectively 
Mentioned.     [^Passed  February  19. 


CHAPTER    384. 

ORDER    GRANTING   TO    JOSEPH    CARDER    LICENCE    TO    SELL    STRONG 

DRINK. 


Legislative 
Records  of  the 
Council,  xxi., 
424. 

House  Jour- 
nal, p.  341. 


A  Petition  of  Joseph  Carder  of  Marblehead  in  the  County 
of  Essex,  setting  forth  that  by  reason  of  Sickness  he  was  pre- 
vented making  application  in  season  for  a  License  to  sell  spiritu- 
ous Liquors  therefore  praying  that  the  Justices  of  General 
Sessions  of  the  Peace  to  be  holden  at  Ipswich  in  said  County  on 
the  last  Tuesday  of  March  next  may  be  impowered  to  grant  him 
a  License  for  the  purpose  aforesaid. 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  679 

Kead  & 

Ordered  That  the  prayer  of  this  Petition  be  granted,  &  that  the 
Justices  of  the  Court  of  General  Sessions  of  the  Peace  for  said 
County  be  &  hereby  are  impowered  to  grant  the  Petitioner  a  License 
(if  they  see  fit)  at  their  next  term  to  retail  Spirituous  Liquors  in  the 
Town  of  Marblehead,  he  first  obtaining  the  approbation  of  the  Select- 
men of  said  Town,  the  time  for  granting  Licenses  being  elapsed  not- 
withstanding.    [^Passed  February  19. 


CHAPTER    385. 

ORDER  IMPOWERING  GRACE  GREGORY,  ADM^,  TO   SELL   REAL    ESTATE 
AND   MAKING  PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Grace  Gregory  of  Weston  in  the  County  of  Mid-  Rlfordfonh 
dlesex  setting  forth  that  her  deceased  Husband  Isaac  Gregory's  per-  council,  xxi., 
sonal  Estate  is  not  sufficient  to  pay  his  debts  by  about  One  hundred  ArchWes^^ix. 
Pounds;  that  it  would  spoil  his  Keal  Estate  for  a  Living  to  sell  off  ^59. 
a  part,  &  that  the  eldest  Son  who  is  now  of  Age  declines  taking  the  Mass. 
whole ;  &  paying  the  Legacies.  Therefore  praying  that  she  she  *  as  458?  "House^'"^'' 
Administratrix  may  be  impowered  to  sell  the  same  for  payment  of  ^^^^^^^\ll^' 
the  deceased's  debts,  She  securing  the  Overplus  for  the  benefit  of  343.  Province 
herself  &  the  Children.  S'loi'  ^^^' 

Read  and 

Ordered  That  the  Prayer  of  the  Petition  be  Granted,  And  That 
the  Petitioner  in  her  said  Capacity  be  and  hereby  is  fully  Author- 
ized &  Impowered  to  Make  Sale  of  the  deceased's  reall  Estate  for 
the  most  it  will  fetch  &  to  make  &  execute  a  good  &  valid  Deed  or 
Deeds  thereof  in  y^  Law  to  such  person  or  persons  as  Shall  be  will- 
ing to  purchase  the  same  she  Observing  the  Law  respecting  y®  sale 
of  real  Estates,  by  Executors  &  Admin"^^  &  giving  sufficient  Caution 
to  y®  Judge  of  Probate  &c  for  said  County  to  apply  the  produce 
thereof  in  the  first  place  to  the  payment  of  y®  deceased's  just  debts. 
She  to  have  the  improvement  of  one  third  of  the  remander  of  the 
produce  of  Said  sale  during  her  Natural  life  &  afterwards  to  revert 
to  the  Heirs  at  Law,  &  y®  other  two  thirds  to  be  for  the  benefit  of 
Said  Heirs.     \^Passed  February  19, 


CHAPTER    386. 

ORDER   ACCEPTING    REPORT    OF    COMMITTEE    TO    CONFER    WITH    GOV- 
ERNOR LAWRENCE,  ETC. 

The  Committee  appointed  to  wait  on  his  Excellency  Governor  Legislative 
Lawrence  to  confer  with  him  upon  the  charge  of  the  French  Neu-  councif  xx^'^^ 
trals  k'^  having  attended  said  Service  beg  leave  to  report :  That  it  ^25- 
is  the  desire  of  Governor  Lawrence  that  the  account  of  the  French  House  Jour. 
Neutrals  which  came  from  the   Southern   Governments  into  this  pro'v'inc/' 
Province  be  prepared  &  delivered  to  him,  that  he  may  lay  the  same  note  ^' llliie^^^' 
before  his  Majesty's  Council  at  Halifax  for  payment.  And  further  p. 668, chap.' 
that  his  Exellency  Governor  Lawrence  is  of  opinion,  that  upon   ^  ' 

»  Sic. 


680 


Province  Laws  {Resolves,  etc.) .  — 1756-57.  [Chaps.  387,  388.] 


Legislative 
Records  of  the 
Council,  xxi., 
427.    Mass. 
Archives, 
Ixxvi.,  95. 

House  Jour- 
nal, pp.  191, 326. 


application  made  at  home  this  Province  will  be  reimbursed  the 
necessary  charges  it  hath  been  at  for  the  support  of  the  French 
Neutrals  so  called,  sent  by  the  Government  of  Nova  Scotia  here; 
&  that  he  will  do  every  thing  in  his  Power  to  assist  this  Govern- 
ment in  obtaining  the  same.     By  order  of  the  Committee 

W  Brattle. 

Eead  & 

Ordered  that  this  Eeport  be  accepted,  &  that  the  Committee  who 
had  the  disposal  of  the  said  French  Neutrals  with  the  Province 
Treasurer  prepare  the  accounts  referred  to  accordingly.'  \^Passed 
Fehruary  19. 


CHAPTEK    387. 

ORDER  ALLOWING  12/  TO  EBENEZER  PARKER. 

A  Petition  of  Ebenezer  Parker  of  Reading  in  the  County  of 
Middlesex  setting  forth  that  he  went  as  Ensign  in  the  Crown  Point 
Expedition  in  1755  &  upon  the  Leiutenants  dismission  on  the  15"" 
Octo"'  that  he  did  the  duty  of  a  Leiutenant  &  that  he  carried  his 
own  Gun  into  the  Service.  Therefore  praying  an  Allowance. 

Read  & 

Ordered  That  there  be  Allowed  y®  Petitioner  the  sum  of  twelve 

ShilP  in  Consideration  of  his  Services  Mentioned  as  a  Lieu*  in  y® 

Exped"  against  Crown  point  in  1755.  &  y*  the  same  be  paid  out  of 

v^  public  Treasury  to  Cap*  John  Temple  for  y*  use  of  the  Petitioner. 

Passed  February  19. 


CHAPTER    388. 


Legislative 
Records  of  the 
Council,  xxi., 
428.    Mass. 
Archives, 
Ixxvi.,  277. 

House  Jour- 
nal, pp.  325, 340. 
Ante,  p.  472, 
chap.  364; 
p.  628,  chap. 
246. 


ORDER  IN  REGARD  TO  PROVISIONS  AT  WEST  HOOSUCK. 

A  Petition  of  Elijah  Williams  of  Deerfeild  setting  forth  that 
he  was  appointed  Commissary  of  Stores  in  some  of  the  Western 
Frontiers,  &  that  as  such  he  was  directed  by  Col°  Israel  Williams 
to  procure  &  transport  Provisions  to  Fort  Massachusetts  for  thirty 
men  for  one  year;  &  to  the  Garrison  in  the  west  Township  for  ten 
men.  That  in  pursuance  of  said  orders  he  procured  said  Provisions, 
&  sent  them  as  far  as  Fort  Massachusetts,  that  when  they  arrived 
there  the  commanding  officer  of  the  Garrison  at  west  lioosuk  being 
then  at  Fort  Massachusetts  informed  that  they  could  not  receive 
or  shelter  more  than  three  months  Provisions  in  that  Fort,  so  the 
remainder  was  left  at  Fort  Massachusetts ;  &  that  Garrison  was  after- 
wards allow'd  by  the  Court  to  subsist  themselves  Therefore  pray- 
ing the  order  of  Court  respecting  said  provisions. 

Read  And 

Ordered,  That  the  Commissary  for  Fort  Massachusetts  be  directed 
to  take  care  of  the  Provisions  at  y®  Block  house  at  West  Hoosuck 
as  mentioned,  and  see  that  y''  be  transported  back  to  Fort  Massa- 
chusetts.    \^Passed  Fehruary  19. 

*  Not  found  in  the  House  JournaL 


[5th  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1756-57.  681 

CHAPTEE    389. 

ORDER  IMPOWERING  WILLIAM  WILLIAMS,  ADM«,  TO  SELL  REAL  ESTATE. 

A  Petition  of  William  "Williams,  Administrator  de  bonis  non  Legislative 
of  the  Estate  of  John  Williams,  late  of  Groton  in  the  County  of  coundf, xii!.'® 
Middlesex  deceased  Intestate    Setting  forth  that  the  former  Admin-  f ^^i^i^^el^^i^- 
istrator  obtained  Leave  of  the  Superior  Court  in  January  last  to  sell  504. 
to  the  value  of  Twenty  five  pounds  of  the  deceaseds  Eeal  Estate  for  Mass. 
the  payment  of  debts,  since  which  other  debts  have  appeared  &  ^3^'^hous^^^'' 
charges  arisen,  so  that  there  will  not  remain  half  Land  enough  to  J*'^^^^^^,^ 
make  a  Settlement  when  there  comes  to  be  as  much  sold  as  will  be  p?oviiice 
sufficient  to  pay  said  debts  &  charges     Therefore  praying  he  may  ^ifap^io.''  ^^^' 
be  enabled  to  sell  the  whole,  he  giving  Bond  to  account  for  the  Pro- 
ceeds of  such  Sale. 

Eead  And 

Ordered^  That  the  Prayer  of  this  Petition  be  granted  And  That 
the  Pef  in  his  said  Capacity  be  and  hereby  is  fully  Authorized  & 
Impowered  to  Make  Sale  of  the  said  deceased's  reall  Estate  situate 
in  the  District  of  Shirley  &  to  execute  a  good  Deed  or  Deeds  in  y° 
Law  of  the  same,  he  first  giving  public  Notice  of  the  time  &  place 
of  such  Sale  as  the  Law  directs,  &  to  Acco*  with  the  Judge  of  Pro- 
bate for  said  County  for  his  proceedings  therein,  &  give  sufficient 
Caution  to  him  Accordingly.     [^Passed  February  19. 


CHAPTER    390. 

ORDER  IMPOWERING  THE  INHABITANTS  OF  THE  TOWNSHIP  OF  COLD 
SPRING  TO  LEVY  A  TAX  OF  ONE  HALF  PENNY  PER  ACRE  ON  LAND 
OF  NON-RESIDENT  PROPRIETORS. 

A  Petition  of  John  Mascarene  of  Cold  Spring  in  the  County  Legislative 
of  Hampshire  setting  forth  the  great  charges  the  Inhabitants  there  councif  xx^!*,^ 
have  been  at  of  late,  particularly  in  settling  of  a  Minister;  where-  ^ 


upon  they  have  made  application  to  the  Nonresident  Proprietors,  Mass. 
who  have  consented  to  pay  a  Tax  of  one  half  j^enny  per  acre  annu-  cIv\ulU. 
ally  (provided  the  General  Court  shall  think  it  proper  to  levy  the  naTpp'^S^^iis 
same)  said  Tax  to  be  applied  towards  the  settlement  &  support  of  214,' 340, 351. 
the  Ministry  there    Therefore  praying  that  the  General  Court  would 
be  pleased  to  order  a  Tax  of  one  half  penny  per  acre  on  the  Lands 
of  the  nonresident  Proprietors  for  two  years  to  be  applied  to  the 
purpose  aforesaid. 

Read  and 

Ordered  That  the  Prayer  of  this  Petition  be  granted  &  that  there 
be  &  hereby  is  granted  a  tax  of  one  half  penny  per  acre  to  be  laid 
on  all  the  Lands  of  the  Non  resident  Proprietors  of  said  Township 
for  &  during  the  term  of  two  years  &  no  longer ;  provided  that  said 
Tax  shall  be  demanded  from  each  Proprietor  in  person  or  that  a 
Notification  of  its  being  due  shall  be  left  at  the  Place  of  his  abode 
before  Sale  be  made  of  any  Lands  to  discharge  the  same,  the  money 
arising  thereby  to  be  applied  to  the  defreying  the  charges  already 


682 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  391,  392.] 


arisen,  or  that  may  arise  by  means  of  the  Inhabitants  of  said  Town- 
ship's settling  &  maintaining  a  Gospel  Minister  among  them.  \^Passed 
February  21.' 


Legislative 
Records  of  the 
Council,  xxi., 
401,  431. 

House  Jour- 
nal, pp.  320, 321, 
323,  349. 


CHAPTEE    391. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  PETITION  OF  EBENEZER 
NICHOLS   IN   REGARD   TO   A  BOND   OF   CAPf   WILLIAM   FLYNT. 

A  Petition  of  Ebenezer  Nichols  in  behalf  of  Susanna  Flynt 
Widow  of  Capt°  Flynt  who  died  at  Lake  George  the  Summer  past, 
praying  that  the  said  Capt''^  Bonds  which  he  gave  for  Bounty  money 
paid  him  for  the  men  under  his  command  may  be  discharged;  the 
order  of  Court  requiring  the  Captains  oath  to  his  account  notwith- 
standing. 

The  Committee  on  the  Petition  of  Ebenezer  Nichols  Esq''  on 
behalf  of  Sussanna  Flynt,  Widow,  &  Administratrix  of  the  Estate 
of  Capt°  William  Flynt,  late  of  Eeading  deceased  upon  inquiry 
made  find  that  the  deceased  paid,  (as  bounty.)  to  the  men  he 
inlisted  the  Sum  of  Sixty  eight  pounds  five  shillings,  &  delivered 
to  Col"  Ichabod  Plaistead  thirty  three  pounds  sixteen  shillings  (of 
the  mony  which  the  said  Flynt  took  out  of  the  Province  Treasury) 
as  appears  by  said  Plaisteads  Receipt,  &  for  which  He  promises  to 
be  accountable:  The  two  formentioned  Sums  amounting  to  One 
hundred  &  two  Pounds  one  shilling,  the  Committee  are  humbly 
of  opinion  that  the  Estate  of  said  deceased  be  discharged  of  so 
much ;  &  that  his  bond  be  delivered  up  by  the  Province  Treasurer 
upon  the  said  Susanna's  accounting  with  Him  for  the  Ballance  on 
said  Bond  if  any  there  be     Which  is  humbly  submitted  f?  Order 

Samuel  Danforth. 


Read  & 

Ordered  that  this  Report  be  accepted. 


[Passed  February  21. 


Legislative 
Records  of  the 
Council,  xxl., 
432.    Mass. 
Archives, 
Ixxvi.,  334. 

House  Jour- 
nal, p.  353. 


CHAPTER    392. 

resolve   DIRECTING  WAGES    OF    DECEASED    SOLDIERS    TO    BE    PAID 
WITHOUT  LETTERS  OF  ADMINISTRATION. 

Whereas  many  Private  Soldiers  of  this  Provence  Who  Went 
vpon  the  Laste  Crown  pointe  Expedition  Were  Killed  or  Died  in 
the  Service  Leaveing  no  Real  Estate  and  bvte  Littel  more  of  per- 
sonal Estate  then  their  Wages 

There  fore 

Resolved  That  in  Every  Svch  Case  the  Widow  of  Such  Deceased 
Soldier  or  the  Next  of  Kin  to  Said  Intestate  Shall  and  hereby  is 
impowered  to  Receive  Svch  wages  Withovte  taking  Leters  of  Ad- 
ministration on  Svch  Deceased  persons  Estate  and  that  the  Treas- 
vrer  be  and  hereby  is  Directed  to  pay  them  accordingly  they  to 
be  alike  accovntable  and  Liable  to  the  actions  of  the  Creditors 
and  Heirs  as  If  they  had  taken  Leters  of  administration.  [Passed 
February  21. 

*  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  February  19. 


[5th  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1756-57.  683 


CHAPTEK    393. 

RESOLVE  CONSTRUING  AN  ORDER  IN  REGARD  TO  TAXES  OF  EBENEZER 
GILBERT  AND  OTHERS  OF  BROOKFIELD. 

Whereas  Ebenezer  Gilbert  &  others  of  Brookfield  in  the  County  Legislative 
of  Worcester  were  with  their  Estates  they  lived  on  by  an  order  of  councu^,  xx'i!',^ 

the  General  Court  which  passed  the  twenty  sixth  day  of  December  ^34^ 

1755  sett  off  from  the  first  Precinct  in  said  Town  and  annexed  to  House  Jour- 
Parish  of  Ware  Eiver,  with  this  further  order,  that  all  Sums  that  ^^^'e^  p'.  ai, 
had  been  assessed  on  them  since  the  dividing  of  the  first  Parish  in  <^^^p-  22'^- 
said  Town  should  be  abated  them,  &  whereas  a  doubt  has  since 
arisen  whether  the  said  Persons  were  intended  thereby  to  be  freed 
from  their  Province,  County  &  Town  Taxes  as  well  as  Precinct 
Taxes. 

To  remove  all  doubts,  &  to  prevent  disputes  for  the  future  It  is 
therefore 

Resolved  That  the  true  Intent  &  meaning  of  said  Order  was: 
That  the  said  Persons  should  be  freed  from  their  proportion  of  the 
Precinct  Taxes  only,  for  the  time  therein  mentioned,  agreeable  to 
their  Petition;  &  that  they  &  each  of  them  be,  &  hereby  are  declared 
to  be  held  to  pay  such  Sums  as  were  assess'd  on  them,  for  the  said 
time  to  the  Province,  County  &  Town  Taxes,  &  that  the  Constable 
or  Constables  of  said  Town  of  Brookfeild,  be  &  hereby  are  inipow- 
ered,  «&  directed  to  collect  such  Sum  or  Sums  as  were  assessed  on 
them  since  the  dividing  of  said  first  Parish  in  said  Town  to  the 
time  of  their  being  annexed  to  the  Parish  of  Ware  River  which 
still  remains  unpaid  anything  in  said  order  to  the  contrary  notwith- 
standing.    [^Passed  February  22. 


CHAPTER    394. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  FORFEITED  RIGHTS 
IN  PAYQUAGE  AND  CONFIRMING  THE  SAME  TO  THE  RESPECTIVE 
PARTIES   NAMED   THEREIN. 

John  Chandler,  &  John  Worthington  Esq''^  appointed  a  Legislative 
Committee  upon  the  Affair  of  the  new  Township  of  Pequoag  in  councf f,  xx*i!l^ 
the  County  of  Worcester  made  the  following  Report  viz*  ArcMv^es^''' 

That  since  the  additional  power  given  them  by  the  last  Order  of  cxvii.,  27!. 
this  Court  on  that  Affair,  the  Committee  pursuing  (as  they  appre-  Mass. 
hend)  the  design  thereof,  &  making  the  speedy  and  compleat  Set-  ^xvli^ries,  275. 
tlement  of  that  place,  &  the  publick  Utility  resulting  from  such  House  Jour_ 
Example  their  principal  Objects  in  disposing  of  the  following  for-  ^K<e%".  416," 
feited  Rights  have  proceeded  thereon  as  follows  viz*  ^^^'^'  '^'^^' 

On  the  Right  originally  proposed  to  be  granted  to  Richard 
Wheeler;  the  Committee  found  that  the  same  was  long  since  sold 
by  said  Wheeler  to  John  Grout  of  Lunenburgh,  who  had  given 
Wheeler  Security  to  perform  the  Conditions  of  Settlement  but  had 
failed  so  to  do:  The  Committee  therefore  agreed  that  said  John 
Grout  should  have  said  Right  confirmed  to  him  only  on  the  follow- 
ing Conditions  viz*  That  he  should  pay  all  the  Taxes  thereon,  that 
were  in  arrear:  that  he  should  pay  to  the  Committee  for  the  use 


684  Province  Laws  {Resolves,  etc.).  — 1756-57.     [Chap.  394.] 

of  the  Province  the  Sum  of  eight  Pounds  money,  &  that  he  should 
give  effectual  Security  for  speedy  Settlement  of  the  said  Eight; 
which  the  said  Grout  accordingly  did:  &  your  Committee  there- 
fore humbly  report,  that  the  said  Right  be  confirmed  to  the  said 
Grout  &  his  Heirs. 

On  the  Right  originally  proposed  for  Charles  Dorothy,  the  Com- 
mittee found  that  said  Charles  sold  the  same  to  One  Eleazer  Sanger, 
now  deceased,  &  that  no  part  of  the  Conditions  of  Settlement  have 
been  performed  thereon;  the  Committee  therefore  agreed  to  sell  the 
same  at  public  vendue ;  and  accordingly  sold  the  same  to  one  Ezra 
Sanger,  a  Son  of  said  deceased  for  the  Sum  of  twelve  pounds,  en- 
joining him  to  pay  all  Arrears  of  Taxes  &  to  give  Bond  for  speedy 
Settlement  thereof,  which  he  did  accordingly;  they  therefore  pro- 
pose that  the  said  Right  be  confirmed  to  the  said  Purchaser  &  his 
Heirs. 

On  the  Right  originally  proposed  for  Jonathan  Marble  the  Com- 
mittee have  found  that  said  Jonathan  sold  the  said  Right  to  Samuel 
Kendall  of  Woburne,  &  that  said  Kendall  had  sold  the  House  Lot 
thereof  to  one  Ezekiel  Wallingford,  whose  Widow,  (as  Administra- 
trix on  his  Estate)  had  sold  the  same,  by  order  of  this  honourable 
Court  for  payment  of  said  Wallingfords  debts:  And  finding  the 
Conditions  of  Settlement  wholly  unperformed,  they  agreed  that 
the  said  Home  Lot  should  be  confirmed  to  the  Vendee's  of  said 
Widow,  &  that  the  residue  of  said  right  should  be  confirmed  to 
said  Kendall,  he  paying,  all  Arrears  of  Taxes,  &  paying  Eight 
pounds  for  the  use  of  the  Province  &  giving  Bond  for  Settlement 
as  aforesaid,  which  said  Kendall  did;  &  the  Committee  report,  that 
the  same  be  confirmed  to  Him  &  his  Heirs  accordingly, 

On  the  Right  originally  proiaosed  for  John  McKenny,  the  Com- 
mittee have  found,  the  Home  Lot  thereof  given  by  McKenny  to 
said  Samuel  Kendall,  &  by  him  sold  to  Wallingford,  &  then  by  his 
Widow  sold  as  the  Home  Lot  of  the  Right  aforesaid  are  of  opinion 
the  same  be  confirmed  to  her  Vendee's;  And  the  Committee  have- 
ing  found  the  Residue  of  said  Right  sold  to  John  Pebbles  of  Bland- 
ford  deceased;  also  finding  that  said  Kendall  in  consideration  of 
said  Home  Lot  had  given  his  bond  to  said  McKenny  to  perform  set- 
tlement thereon  which  was  not  done ;  The  Committee  agreed,  that 
on  said  Kendall's  paying  arrears  of  Taxes  on  this  Right,  &  paying 
six  pounds  for  the  use  of  the  Province,  &  giving  security  to  make 
a  special  Settlement  on  one  Lot  in  some  of  his  other  rights  in  leiu 
of  this,  the  Residue  of  this  should  be  confirmed  to  the  Heirs  of 
said  John  Pebbles,  to  which  said  Kendall  acceded,  &  gave  such 
security;  &  the  Committee  report  confirmation  of  the  same  Lands 
accordingly. 

On  the  Right  originally  of  Daniel  Fiske,  the  Committee  finding 
the  same  long  since  sold  to  Robert  Marble,  &  very  considerable  im- 
provements to  have  been  made  by  him  thereon,  agreed  that  the  same 
should  be  confirmed  to  said  Robert  on  his  paying  all  Taxes,  &  giv- 
ing Bond  for  a  full  Settlement  thereof,  which  the  said  Robert  then 
did  &  so  your  Committee  report  a  Confirmation  thereof  to  said 
Robert  accordingly. 

On  the  Right  originally  proposed  for  Samuel  Finney,  the  Com- 
mittee finding  that  the  House  Lot  thereof  was  long  since  sold  abso- 
lutely to  one  Aaron  Smith,  who  has  made  considerable  Improvements 
thereon,  &  no  Improvements  made  on  the  other  Lands  of  said  Right, 
your  Committee  agreed  that  the  said  Home  Lot  should  be  confirmed 


[5th  Sess.]     Province  Laws  (Besolves,  etc.).  — 1756-57.  685 

to  the  said  Aaron  Smith,  he  paying  Taxes  &  that  the  Residue  should 
be  sold.  And  the  Committee  sold  the  Residue  to  John  Murray  Esq' 
for  the  Sum  of  Twenty  six  pounds  sixteen  shillings,  who  gave  security 
for  the  same  Sum  with  other  Security  for  settling  said  Right ;  &  your 
Committee  report  that  the  said  Lands  be  granted  &  confirmed  to  said 
Smith  &  Murray  accordingly. 

On  the  Right  originally  proposed  for  Joseph  Smith  the  said  Joseph 
having  sold  the  House  Lot,  &  the  ten  acre  division  to  Nathanael  Graves, 
who  has  improved  the  same  in  regard  to  his  own  advantage,  &  not  as 
a  performance  of  the  Conditions,  on  which  the  Right  depended,  & 
no  improvement  having  been  made  on  any  other  part  of  said  Right ; 
the  Committee  therefore  agreed,  the  said  Graves  should  have  the 
said  House  Lot,  &  ten  acre  Lot  confirmed  to  him,  &  the  Residue  of 
said  Right  the  Committee  agreed  to  sell  at  Vendue,  &  accordingly 
sold  the  same  to  John  Murray  Esq"^  aforesaid  for  the  Sum  of  twenty 
one  pounds  four  shillings  &  took  his  Bond  for  the  payment  thereof; 
&  his  other  Bond  for  performing  Settlement  thereon;  &  your  Com- 
mittee, report,  that  the  said  Land  be  granted  &  confirmed  accordingly. 

On  the  right  originally  pro^josed  for  John  Grout,  the  Committee 
on  inquiry  found,  that  the  said  John  had  done  nothing  towards  Set- 
tlement thereof,  but  was  designed  very  speedily  to  do  it;  the  Com- 
mittee agreed  the  said  John  should  have  his  said  Right  confirmed 
on  his  paying  all  Arrears  of  Taxes,  Eight  pounds  to  the  Province, 
&  giving  Bond  for  speedy  Settlement,  all  which  he  did,  &  the  Com- 
mittee report  that  the  said  Right  be  confirmed  to  him. 

On  the  Right  originally  proposed  for  John  Cutting;  the  Com- 
mittee found  the  said  Right  had  been  conveyed  to  one  Alexander 
Stuart,  &  afterwards  part  thereof  sold ;  &  the  Residue  thereof  taken 
by  Executions,  by  a  number  of  the  Creditors  of  said  Alexander;  & 
that  one  of  said  Creditors  Assigns  had  performed  the  Settlement 
on  said  Right;  the  Committee  agreed  the  said  Right  should  be  con- 
firm'd  to  the  said  Execution  Creditors,  &  their  Assigns  according 
to  their  respective  Extents  &°  and  submit  the  same  accordingly. 

On  the  Right  N°  6  on  West  Pequaog,  (so  called)  being  originally 
proposed  for  Samuel  Kendall,  the  Committee  considering  said  Samuel 
&  his  Sons  had  made  very  considerable  improvements  in  said  Town- 
ship, on  this  &  other  Rights  much  more  than  sufficient  for  Settlement 
of  a  Right,  &  much  more  advantageous  to  said  place  &  for  which 
he  had  no  credit  in  these  respects,  the  committee  agreed  said  Right 
should  be  granted  &  confirmed  to  Seth  Kendall  Son  of  said  Samuel 
he  (said  Seth)  giving  security  to  settle  the  same,  &  pay  the  Taxes 
thereon,  which  said  Seth  hath  done;  &  the  Committee  report  a  con- 
firmation thereof  accordingly. 

On  said  Samuels  other  proposed  Right,  the  Committee  agreed  a 
Confirmation  thereof  to  him,  he  paying  eight  pounds  to  the  Prov- 
ince, &  giving  Bond  to  settle  &'^  which  he  did  &  the  Committee 
report  that  the  same  be  confirmed  accordingly. 

On  the  Right  originally  proposed  for  Jonathan  Page,  the  Com- 
mittee found  that  the  said  Page  sold  the  House  Lot  thereof  for  a 
large  Sum  to  one  Stratton  who  has  since  the  expiration  of  the  five 
years  from  admission  settled  the  same,  the  Comittee  therefore  report 
that  the  said  Houselot  be  confirmed  to  said  Stratton,  &  the  Residue 
of  said  Right  to  Joseph  Page  &  Page  Sons  of  said  Jonathan, 

they  having  secured  to  the  said  Committee  for  the  use  of  the  Prov- 
ince five  pounds  for  past  defects,  &  having  paid  all  Taxes  set  on  that 
part  of  the  Right. 


686 


Province  Laws  {Resolves,  etc.).  — 1756-57.     [Chap.  395.] 


On  the  Eight  originally  proposed  for  John  Longely,  the  Com- 
mittee find  that  the  said  Longely  sold  the  Houselot,  to  Eobert 
Marble,  who  settled  the  same,  not  to  secure  the  Eight,  but  to 
accomodate  himself  with  convenient  dwelling  &^  The  Committee 
therefore  agreed  that  said  Marble  should  have  the  House  Lot  & 
ten  acre  Lot  confirmed  to  him,  &  that  the  said  Longely's  Sons 
should  have  the  Eesidue  on  payment  of  Taxes,  Five  pounds  to  the 
Province  &°  which  being  done  by  the  said  Longely's  Sons,  the  Com- 
mittee propose  a  confirmation  accordingly. 

On  the  Eight  originally  for  George  Danforth,  the  Committee  find, 
that  the  supposed  Title  to  the  House  Lot  by  sundry  Conveyances  is 
transmitted  down  to  one  Jason  Babcock,  who  after  some  Improve- 
ments on  his  Lands,  bought  in  said  place,  was  unhappily  captivated 
by  the  Indian  Enemy;  &  the  Committee  propose  that  said  House  lot 
be  confirmed  to  said  Jason,  &  the  Committee  sold  the  Eesidue  of  said 
Eight  to  John  Murray  Esq''  for  twenty  two  pounds  eight  shillings 
&  took  his  Security  for  payment  thereof:  &  therefore  propose  said 
Eesidue  be  granted  to  said  Murray  accordingly 

On  Joseph  Bowmans  originally  supposed  Eight,  the  Committee 
found  the  same  was  sold  to  said  Samuel  Kendall  of  Woburn  who 
had  neglected  to  settle  the  same ;  they  agreed  therefore  that  said 
Kendall  should  have  confirmation  thereof  on  his  paying  the  Taxes, 
&  paying  eight  Pounds  for  the  Province,  &  giving  Bond  to  settle, 
which  he  did;  &  so  the  Committee  report  confirmation  thereof 
accordingly. 

The  several  Securities  for  the  payment  of  the  several  Sums  afore- 
said; for  the  Use  of  the  Province,  the  Committee  herewith  present 
to  your  Honours,  &  are  ready  to  account  for  such  moneys  as  they 
have  received. 

The  several  Bonds  ta.ken  as  security  for  the  effectual  &  speedy 
Settlements  beforementioned,  your  Committee  herewith  lay  before 
your  Honours,  &  submit  their  suflBciency  for  the  end  designed  to 
your  Honours  consideration. 

Your  Committee  would  only  add  that  touching  the  remaining 
six  Eights  viz*  those  originally  proposed  for  Nehemiah  Wright, 
John  Hadley,  Eichard  Ward,  Moses  Dickinson,  James  Fay,  &  Israel 
Hammond,  that  altho'  they  have  not  neglected  to  proceed  as  far  as 
with  convenience  they  could  towards  a  proper  disposition  thereof, 
yet  they  have  not  been  able  hitherto  fully  to  compleat  the  same, 
and  therefore  beg  leave  of  your  Honours  hereafter  to  report  thereon. 

Eead  And 

Ordered  That  this  Eeport  be  Accepted,  And  that  the  Lands  by 
the  said  Committee  therein  reported  to  be  granted  «&  confirmed, 
be  and  hereby  are  granted  and  Confirmed  to  the  respective  persons 
therein  mentioned  accordingly.     {^Passed  February  22. 


CHAPTER    395. 


Legislative 
Records  of  the 
Council,  xxi., 
440.    Mass. 
Archives, 
Ixxvi.,  344. 

Mass. 
Archives, 
Ixxvi.,  343. 
House  Jour- 
nal, p.  360. 


VOTE  DIRECTING  THE   COMMITTEE  OF  WAR  TO    PROVIDE    COATS    AND 
HATS  FOR  NON-COMMISSIONED  OFFICERS  AND  SOLDIERS. 

Voted  That  all  non  Commissioned  Officers,  &  Private  Soldiers  that 
shall  Proceed  in  his  Majesty's  Service  under  the  Comand  of  the  Eight 
Hon'«  y«  Earl  of  Loudoun  on  the  Part  of  this  Province  Shall  be 
Intitled  to  a  Coat  &  a  Soldiers  Hat  Each,  over  &  above  the  Bounty 


[5th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1756-57.  687 

&  Wages  already  Voted  for  their  Encouragement  therein  and  that  Laws'^m  lo-g 
the  Comittee  of  war  be  Directed  to  Provide  the  same  Accordingly,  note. '  Ante, 
[Passed  February  23.  l{i^%!'^mf- 

chap.  314. 


CHAPTER    396. 

VOTE  DIRECTING  COMMISSARIES  OF  THE   LATE    CROWN    POINT    EXPE-  t  p„i„,„t,„p 

DITION  TO  RENDER  THEIR  ACCOUNTS.  Records  of  the 

Council,  xxi., 

440     JMtiSB 

Voted,  That  the  several  Commissaries  who  were  employed  in  the  Archives, ' 

Service  of  this  Province  on  the  late  Expedition  against  Crown-Point  i^x^'-.  3^^. 

be  directed  to  lay  their  respective  Acco*^  before  this  Court  forthwith.  ^aTp! m^' 
\_Passed  February  23. 


CHAPTER      39  7.  Legislative 

Records  of  the 

_  Council,  xxi., 

RESOLVE  FORBIDDING  COMMISSARIES  TO  MAKE  PROFITS  OUT  OF  CON-  441. 

TRACTS  WITH  SOLDIERS.  Legislative 

Records  of  the 

Resolved  that  by  virtue  of  the  Vote  passed  the  General  Court  the  no^n*^^.^'  House 
20*^^  of  April  last,  no  Commissary  employed  in  the  late  Expedition  •^*^^™^\q^ 
against  Crown  Point  had  a  Right  to  make  any  Profit  to  himself  by  ^Aprii,'i756); 
means  of  any  Contract  with  the  private  Soldiers,  for  their  Back  pi  in)  chap?' 
Allowance.     \_Passed  February  23.  469. 


CHAPTER    398. 

ORDER   ALLOWING   £4.  16   TO   JAMES   CARR. 


A  Petition  of  James  Carr  representing  that  he  was  appointed  R|ford8*'o^the 
to  take  charge  of  the  deficient  Recruits  for  reinforcing  the  Army  Council,  xxi., 
at  Lake  George ;  that  he  was  only  allowed  Ensign's  Pay  &  received  Archives?* 
no  Accoutrements,  nor  Provisions,  &  was  Exposed  to  great  Charge  ix-^vi-.  29o. 
for  his  Maintenance  &  Support  Archives 

Therefore  praying  an  Allowance  therefor.  ixxvi.,  289. 

Tj„„/i   „„,q  House Jour- 

iteaa  ana  ^  ^  nai,pp.342,358. 

Ordered,  That  there  be  allowed  &  paid  out  of  the  public  Treas- 
ury the  Sum  of  four  pounds  sixteen  Shillings  to  the  Petitioner  in 
Consideration  of  his  Boarding  himself  twelve  Weeks  whilst  in  the 
Service  of  the  Province  as  Mentioned.     {^Passed  February  23. 


CHAPTER    399. 

ORDER  ALLOWING  £4  TO  SAMUEL  NICHOLS  NELSON. 

A  Petition  of  Samuel  Nichols  Nelson  praying  an  Allowance  for  Legislative 
the  expence  he  was  at  in  returning  from  the  Army  at  Lake  George,  councif,  xxi!l* 
being  obliged  to  hire  a  man  &  Horse  to  bring  him  from  Sheffeild  ^3.  Mass. 
to  Plymouth:  &  an  allowance  for  the  time  he  apprehends  he  was  ixxvi., 322. 
made  up  short  in  the  muster  Roll.  Mass. 

Tfpflfl  nnfl  Archives, 

neaa  anu  ixxvi.,  322. 


688 


Province  Laws  {Besolves,  etc.) .  — 1756-57.  [Chaps.  400,  401.} 


?nT,^?/q*i!^9Ke        Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
359.  ury  to  the  Petitioner  the  sum  oi  lour  pounds  m  luil  Consideration 

of  his  Expences  on  his  return  home  from  y"  army,  under  y*  Com- 
mand of  Gen^  Winslow.     [Passed  February  23. 


Legislative 
Records  of  the 
Council,  xxi., 
444.    Mass. 
Archives, 
Ixxvi.,  242. 

House  Jour- 
nal, pp.  363, 364. 
Province 
Laws,  iii.,  1079, 
note.    Ante, 
p.  677,  chap. 
381. 


CHAPTER    400. 

VOTE  DESIRING  THE  LIEUT.  GOVERNOUR  TO  INSTRUCT  THE  PERSON 
APPOINTED  TO  TAKE  CHARGE  OF  PROVINCE  ARMS  AND  STORES  AT 
ALBANY,  ETC. 

Voted  That  his  Honour  the  Lieu*  Governor  be  desired  to  give 
Orders  to  the  person  he  shall  think  proper  to  employ,  to  repair  to 
Albany  to  take  Care  of  y®  Arms  &  Stores  belonging  to  the  Province, 
That  he  immediately  Collect  from  the  several  Stores,  Forts  &  officers 
hands,  all  the  Kings  Arms  &  Accoutrements  that  were  left  at  Albany 
*&  parts  adjacent,  by  the  Forces  raised  by  this  Governm*  the  last 
Year  on  y®  Expedition  against  Crown-point,  and  ship  them  directly 
for  Boston  unless  his  Excellency  the  Earl  of  Loudoun  or  some  of 
his  principal  Officers  give  Orders  to  the  Contrary,  and  in  that  Case 
That  he  see  that  a  proper  Certificate  be  taken  &  returned,  in  order 
to  Discharge  the  Commissary  General's  Obligation  (in  behalf  of  this 
Government)  to  the  Kings  Store  Keeper  for  the  Arms  &  Acoutre- 
ments  aforesaid.     [Passed  February  24, 


CHAPTER    401. 


ORDER  DIRECTING  COMMITTEE   OF   WAR   AS  TO    PURCHASE    OF    COATS 
AND   HATS  FOR  NON-COMMISSIONED  OFFICERS   &  SOLDIERS. 


Legislative 
Records  of  the 
Council,  xxi., 
445.    Mass. 
Archives, 
Ixxvi.,  353. 

House  Jour- 
nal, pp.  370, 371. 
Ante,  p.  686, 
chap.  395. 


Whereas  this  Court  have  directed  the  Committee  of  War  to 
purchase  a  Coat  and  a  Soldiers  hat  for  each  of  the  Noncommission 
Officers  &  Soldiers  that  shall  proceed  in  his  Majesty's  Service  in 
the  Pay  of  this  Government  under  the  Command  of  his  Excellency 
the  Earl  of  Loudoun. 

Ordered  that  the  said  Committee  give  public  notice,  of  the  par- 
ticular kinds  and  qualities  of  the  Articles  they  may  want  for  the 
purpose  aforesaid,  that  any  Persons  who  incline  to  supply  the  same 
may  give  in  an  account  of  such  Articles  as  they  would  furnish,  with 
the  Sterling  price  (upon  Oath  if  required)  of  such  of  them  as  are 
imported  from  England  and  the  Advance  thereon  at  which  they 
would  sell  them.  And  that  the  Committee  give  the  preference  to 
those  who  shall  offer  such  Commodities  as  are  suitable  for  the  pur- 
pose upon  the  easiest  Terms.     [Passed  February  25. 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  —  1756-57.  689 


CHAPTEE    402. 

ORDER  ALLOWING   £7.  16    TO    JOHN    NORTON    FOR    EXPENSES    OF    COM- 
MITTEES ON  SALE  OF  EXCISE  IN  DUKES  COUNTY. 

A  Petition  of  John  Norton  of  Dukes  County  praying  an  Allow-  Legislative 
ance  of  the  charges  &  expences  of  sundry  Committees  in  farming  comfcii  xx^!*^ 
the  Excise  in  said  County  for  four  years  past  amounting  as  by  an  445. 
account  exhibited  to  Seven  pounds  sixteen  shillings  House  Jour- 

T>r.^A    1.V  nal,pp.344,368. 

Ileaa  tS  Province 

Or'dered  That  the  Sum  of  Seven  Pounds  sixteen  shillings  be  n^t^^' ^"•' ^°^^' 
allowed  to  be  paid  out  of  the  Public  Treasury  in  full  of  the  Within 
account  of  the  Charges  of  sundry  Committees  on  Sale  of  the  Duties 
of  Excise  in  said  County,  as  mentioned,  &  that  the  said  Sum  be  paid 
to  John  Norton  Esq""  for  the  several  persons  concerned.  \_Passed 
February  25. 

CHAPTER    403. 

ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  REPAY  THOMAS 
BOWEN  THE  AMOUNT  HE  PAID  FOR  EXCISE  ON  TEA,  COFFEE,  &c., 
IN  BRISTOL  COUNTY. 

A  Petition  of  Thomas  Bowen  of  Rehoboth  in  the  County  of  r®^'^^^*%%u 
Bristol  Esq'  Shewing  that  in  the  year  1754  he  purchased  the  duty  council, xxi., 
of  Excise  on  Tea,  Coffee  &  China  Ware  in  said  County  &  gave  bond  Archfves^cxx., 

to  the  Province  Treasurer  for  the  payment  of  Ten  pounds  twelve  "^^ 

shillings  for  the  same,  but  that  through  some  defect  as  he  appre-  Mass. 
hends  in  the  Law;  it  so  happened  that  no  person  in  the  County  was  issys.'iss.'^^'^'' 
subject  to  pay  the  said  duties,  nor  has  he  been  able  to  collect  any  ^a^i^p^  o°9^^" 
moneys  by  virtue  of  said  Act.  Therefore  praying  that  he  maybe  (Apni.nss); 
abated  the  Sum  he  had  engaged  to  pay  to  the  Province  Treasurer  pp-    •  '  • 
as  aforesaid. 

Read  and 

Ordered^  That  the  Prayer  of  this  Petition  be  so  far  granted  as 
That  the  Treasurer  be  and  hereby  is  directed  to  repay  to  the  Peti- 
tioner the  sum  he  paid  into  the  Province  Treasury  for  y*^  Excise  on 
Tea  Coffee  &  China  Ware  in  the  County  of  Bristoll  for  the  Year 
1754  deducting  therefrom  the  Charges  of  y^  Committee  who  Sold 
the  said  Excise  for  said  Year.     {Passed  February  25. 


CHAPTER    404. 

ORDER  DIRECTING  THE  PROVINCE   TREASURER    TO    PAY    JOHN    GOOD- 
WIN THE  AMOUNT  DUE  KENDALL  GOODWIN, 

A  Petition  of  John  Goodwin  of  Reading  in  the  County  of  Mid-  ^^g*^!?*^^^,^^ 

_,  n    ,    .         »,i       1  1.^  -TT-    °  ^    1    it        1-niT        Records  of  the 

dlesex  Setting  forth  that  his  Son  Kendal  Goodwin  a  Soldier  council,  xxi., 

in  the  Crown  Point  Expedition  in  the  year  1755  since  decease'd  Archi^^s?" 
bare  the  greatest  part  of  his  Expences  upon  his  return  home  There-  ixxvi..  i62. 
fore  praying  that  the  Province  Treasurer  maybe  directed  to  pay  House  Jour- 
the  billeting  allowed  to  said  Kendall  on  Capt°  Jone's's  Muster  Roll,  °^  '^^'     ' 
to  the  Petitioner. 


690 


Province  Laws  {Resolves^  etc.).  — 1756-57.  [Chaps.  405,  406.] 


Kead  and 

Ordered  That  the  Prayer  of  this  Petition  be  granted  And  That 
y*  Province  Treasurer  be  &  hereby  is  directed  to  pay  to  the  Pef  the 
money  due  on  y''  Muster  Poll  of  Cap*  Eben'"  Jones  to  Kendal  Good- 
win dec*^  for  his  subsistence  on  his  return  home  from  the  Army  on 
the  Expedition  against  Crown-Point  in  1755,  deducting  out  y*"  same 
An  Allowance  for  four  Meals  he  received  on  y^  Province's  Acco*. 
\^Passed  February  25. 


Legislative 
.  Records  of  the 
Council,  xxi., 
447.    Mass. 
Archives, 
Ixxvi.,  356. 

House  Jour- 
nal, pp.  331, 359, 
367. 


CHAPTEK    405. 

ORDER  ALLOWING  £12.  17.  5  TO  AMASA  DELANO. 

A  Petition  of  Amasa  Delano,  a  Soldier  in  the  last  Crown  Point 
Expedition  Setting  forth  that  when  the  Body  of  Troops  left 

the  Province,  he  received  Orders  from  General  Winslow  to  tarry 
until  he  had  collected  &  sent  forward  those  Troops,  which  had  not 
joined  the  main  body  in  their  march,  that  he  accordingly  tarried, 
&  diligently  employed  himself  in  collecting  &  Forwarding  the  Troop, 
which  he  did  at  a  great  expence ;  therefore  praying  he  may  be  reim- 
bursed the  same,  &  receive  such  allowance  for  his  time  &  trouble 
as  shall  seem  just. 

Eead  and 

Ordered^  That  there  be  allowed  and  paid  out  of  the  Public  Treas- 
ury to  the  Petitioner  the  sum  of  Twelve  pounds  seventeen  shil- 
lings &  five  pence  in  full  of  the  Expences  in  y*  Petition  Mentioned. 
{^Passed  February  25. 


Legislative 
Records  of  the 
Council,  xxi., 
447. 

House  Jour- 
nal, p.  364. 


CHAPTER    406. 

ORDER  OF  NOTICE   WITH   STAY  OF  EXECUTION   ON    THE    PETITION    OF 
ISRAEL  AVAREL  FOR  LEAVE   TO  PROSECUTE   AN  APPEAL. 

A  Petition  of  Israel  Avarel  of  Topsfeild  in  the  County  of  Essex. 
Yeoman  Setting  forth  that  he  was  sued  by  Anna  Jarvis  of  Marble- 
head,  Administratrix  of  Thomas  Jarvis  deceased  for  Six  pounds  thir- 
teen shillings  &  four  pence  which  Sum  not  being  due  to  the  Plaintiff ; 
the  said  Israel  by  his  Attorney  M""  Epes  claimed  an  Appeal  in  Season 
from  the  Judgment  of  the  Inferior  Court  of  Common  Pleas  for  said 
County  there  obtained  against  Him ;  &  applied  seasonably  to  recog- 
nize for  the  Prosecution  of  his  said  Appeal;  but  that  it  so  happened 
that  neither  of  the  Judges  were  in  Town  when  he  went  to  make  his 
Application,  by  which  means  he  has  lost  his  Law.  Therefore  pray- 
ing he  may  yet  recognize  to  prosecute  his  appeal  claimed ;  &  that 
the  Superior  Court  may  try  the  cause,  &  judge  thereon  in  the  same 
manner  as  if  he  had  recognized  in  time;  &  that  Execution  be  stayed 
in  the  mean  while. 

Eead  & 

Ordered  That  the  Petitioner  notify  the  adverse  party  with  this 
Petition  by  serving  her  with  an  attested  copy  thereof  (that  She 
shew  cause  if  any  she  have)  on  the  second  Wednesday  of  the  next 
Sitting  of  this  Court,  why  the  Prayer  thereof  should  not  be  granted; 
&  that  execution  be  stayed  in  the  mean  time;  the  Petitioner  giving 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  691 

sufficient  Security  to  the  Sherriff  of  the  County  of  Essex  to  respond 
the  Judgement  that  shall  be  finally  recovered  against  him.  \^Passed 
February  25. 


CHAPTER    407. 

ORDER  ALLOWING  £12  TO  DIVERS  INHABITANTS  OF  GREENFIELD. 

A  Petition  of  Benj^  Hastings  of  Greenfield  in  the  County  of  Rlforls'of  the 
Hampshire  representing  their  distressed  State  living  in  an  exposed  council,  xxi., 
Frontier,  said  place  lying  about  three  miles  North  of  Deerfield,  &  Archives^,^' 
no  Town  betwixt  that  &  Canada  that  one  man  was  killed  &  two  cxvii.,  209. 
captivated  there  the  last  Summer,  &  that  thirty  two  men  have  left  Mass. 
them  since  the  war  commenced  that  they  cannot  perform  their  labour  oxvii!7208. 
without  guards,  &  are  often  called  from  it  by  alarms,  Therefore  hum-  na*iypp!^3"42,''362. 
bly  praying  for  Releif  &  protection. 

Read  and 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted  as 
that  there  be  allowed  out  of  y*  public  Treasury  to  said  Inhabitants 
the  sum  of  twelve  Pounds  to  be  improved  for  building  Fortifications 
there  under  the  Conduct  of  Elijah  Williams  Esq''  as  far  as  it  respects 
y*  laying  out  the  said  Money,  &  to  be  paid  into  his  Hands  for  y*  pur- 
pose.    \Passed  February  25. 


CHAPTER    408. 

ORDER  ALLOWING  16/  TO  REBECCA  DAVIS. 


A  Petition  of  Rebecca  Davis,  "Widow  of  Amos  Davis,  late  of  R|ford"of  the 
Grafton  deceased.  Setting  forth  that  her  said  Husband  being  Council,  xxi., 

a  Soldier  in  the  Crown  Point  Expedition  in  1755,  obtained  a  regular  Archives?' 
dismission  from  the  Service  on  account  of  his  being  sick  &  incapable  ixxvi.,  273. 
of  doing  duty :  that  he  returned  home  at  his  own  expence ;  &  inas-  Mass. 

A.rchivGs 

much  as  there  was  afterwards  Provision  made  for  the  Subsistence  ixxvi.,  273. 
of  the  army  upon  their  Return  home.  praying  that  She  may  nai^pp.'^^2f368. 

be  allowed  the  reasonable  charge  of  this  Journey.  ^w<e,p.586, 

Read  &  '''^^•^'^• 

Ordered  That  there  [be]  *  allowed  &  paid  out  of  the  Public  Treas- 
urer '  to  M"^  Ephraim  Sherman  for  the  Use  of  y"  Pet'  the  sum  of  Six- 
teen Shillings  in  full  of  y^  Expences  referred  to  therein.  \^Passed 
February  25. 

CHAPTER    409. 

ORDER  ACCEPTING  REPORT  OF   COMMITTEE  ON  PETITION  OF  BELLONI 
MELANCON  to  BE  PERMITTED  TO  REMAIN  AT  WEYMOUTH. 

A  Petition  of  Belloni  Melanoon  one  of  the  late  Inhabitants  of  Rlforlfs^of  the 
Nova  Scotia         Setting  forth  that  He,  his  Wife  &  seven  Children ;  council,  xxi., 
his  Brother  in  Law  &  Wife  &  four  Children  were  placed  by  the  Gov-  Archives,^*^^" 
ernment  at  Lancaster,  where  they  lived  twelve  months  enduring  xxiii.,  357. 

*  Inserted  from  Legislative  Records  of  the  Council,  xxi.,  449. 
»  Sic. 


692 


Province  Laws  (^Resolves,  etc.).  — 1756-57.  [Chaps.  410,  411.] 


Mass.  great  hardships  &  suffering  Want,  till  at  length  about  twenty  seven 

xxUi.^lse.  days  since  they  left  the  Town,  &  went  to  Weymouth,  where  he  prays 
SiTppi^ssrseT  ^^®y  ^^^y  ^®  allowed  an  House  to  lodge  in,  &  wood,  &  for  the  rest 
368.'  Province'  he  will  eudeavour  to  maintain  his  Wife,  &  five  young  Children  & 
note.^'" ''    ^ '  place  his  two  eldest  Sons  in  some  good  Families. 

Silvanus  Bourn  Esq""  from  the  Committee  on  the  Petition  of 
Belloni  Melancon  made  report.  That  they  had  met  &  heard 

the  Petitioner  and  one  of  the  Selectmen  of  Lancaster  relating  the 
several  matters  therein  complained  of,  &  also  heard  the  Eepresenta- 
tive  of  Weymouth,  where  the  French  People  mentioned  in  said  Peti- 
tion at  present  reside ;  «&  that  it  doth  not  appear  that  the  Petitioner 
had  any  Grounds  to  complain  of  the  Selectmen  of  Lancaster,  or 
either  of  them;  relating  the  matters  complained  of,  &  are  therefore 
of  opinion  that  the  said  French  People  be  ordered  forthwith  to 
return  to  Lancaster  from  whence  they  in  a  disorderly  manner  with- 
drew themselves. 

Which  Eeport  was  read  &  accepted  by  both  Houses 
Eead  and 

Ordered  That  y^  Eeport  of  the  Com"'''  be  Accepted,  &  y*  the  said 
French  Neutrals  so  called  be  directed  to  return  forthwith  to  y^  Town 
of  Lancaster  Accordingly.     \^Passed  February  25. 


CHAPTER    410. 


ORDER  ALLOWING  30/  TO  SOLOMON  WHEAT. 


Legislative 
Records  of  the 
Council,  xxl., 
449.    Mass. 
Archives, 
Ixxvi.,  308. 


A  Petition  of  Solomon  Wheat  Setting  forth  that  he  went 

out  as  Clerk  to  Capt°  Dalrymple  in  the  Crown  Point  Expedition, 
&  officiated  as  Surgeon  &  Physician  in  the  Army  until  the  Doctor's 

Arrival;  upon  which  Capt°  Dalrymple  appointed  another  Clerk  & 

House  Jour-      thereby  prevented  him  of  Clerks  pay  from  May  16  to  Sept"^  28* 
nai,pp.305,345,  -y^hereupon  he  prays  for  a  Eecompence  from  this  Court. 
Eead  and 

Ordered^  That  there  be  allowed  &  paid  out  of  the  public  Treas- 
ury the  Sum  of  thirty  Shillings  to  y*  Petitioner  in  Consideration 
of  his  services  Mentioned  as  Chirurgeon  &  Physitian  &  of  his  being 
born  in  y^  Muster  Eoll  of  the  Comp^  he  belonged  to  as  a  private 
Centinel  only  instead  of  A  Clerk,  in  which  Capacity  he  engaged  in 
y*  Service.     \^Passed  February  25. 


CHAPTER    411. 

ORDER  DIRECTING  THAT  NO  DEDUCTIONS  FOR  ARMS  BE  MADE   FROM 
WAGES   OF   DIVERS   SOLDIERS. 


Legislative 
Records  of  the 
Council,  xxi., 
450.    Mass. 
Archives, 
Ixxvi.,  342. 

Mass. 
Archives, 
Ixxvi.,  341. 
House  Jour- 
nal, pp.  363, 368. 


A  Petition  of  Samuel  Thacher,  a  Capt''  in  Col°  Gridleys  Eegi- 
ment  in  the  late  Expedition  to  Crown  Point  praying  that  Sundry 
Privates  in  his  Company  whose  Arms  had  been  returned  might  be 
discharged  of  the  Same. 

Eead  And 

Ordered,  That  the  Province  Treasurer  be  and  he  hereby  is  directed 
in  paying  off  the  several  persons  hereafter  named  who  were  in  the 
Crown  Point  Expedition  the  last  Year,  not  to  make  any  Stoppage 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  693 

out  of  their  Wages  for  their  Guns  they  being  returned  &  receipts 
given  for  y''  same,  viz*-  Samuel  Thacher's,  David  Delano's,  Stephen 
Merril's,  Seth  Jewett's,  Remembrance  Dunham's  which  were  returned 
to  David  Darling  Quarter  Master  at  Fort  William  Henry.  And 

William  Tupper's  Israel  Felix's,  William  Barlow, s  Lemuel  Wood's, 
Samuel  Babbit's,  James  Faunce's,  Nathan  Thomas, s,  Joshua  Cas- 
well,s  Ephraim  Thomas'  &  Abner  Barlow's  which  were  delivered  to 
Thomas  Foster  Esq''  of  Plymouth,  Also  Robert  Barrow's  &  George 
Hoit's  Guns  Which  were  left  at  Green  Bush,  Also  William  Rauson's 
Gun  which  was  lost  in  a  Batteau:  and  as  to  John  Reed's  Gun 
that  the  further  Consideration  of  y*  affair  be  referred.  \^Passed 
February  25. 


CHAPTEE    412. 

VOTE  DIRECTING  THE  PURCHASE  OF  COATS,  HATS  &c.  UPON  CREDIT. 

Whereas  there  is  not  a  sufficiency  of  Money  now  in  the  Treas-  Legislative 
ury  to  be  spared  to  purchase  Coats,  Hats  &c  Ordered  by  this  Court  councff  xxi!^* 
for  the  Men  to  be  raised  for  the  Proposed  Expedition  under  his  450.  Mass. 
Excellency  the  Earl  of  Loudoun;  therefore  ixxvi.Tss'i. 

Voted  That  the  Committee  of  War  engage  to  those  of  whom  they  House  Jour- 
purchase  them,  that  this  Court  will  make  provision  the  next  May  ^^nte^v^m^^^' 
Sessions  That  they  shall  be  paid  in  Governm*  Securities  which  shall  chap*.  461. 
be  on  lawfull  Interest  &  bear  Date  from  the  Time  of  the  respective 
purchases.     [Passed  February  25. 


CHAPTER    413. 

VOTE  DIRECTING  THE  PROVINCE  TREASURER  TO  STOP  OUT  OF  THE 
WAGES  OF  PELEG  WAINEYE  &  JONATHAN  WAYMAN  MONEY  FOR 
GUNS  NOT  RETURNED. 

Voted  that  the  Treasurer  be  Directed  to  stop  out  of  the  wages  Legislative 
of  Peleg  WainEye  Twenty  Eight  shillings  Lawfull  money  &  out  ^^^i^^cu",  xxl,® 
of  the  wages  of  Jonathan  Wayman  one  pound  Thirteen  Shillings  451    mjiss. 
&  four  pence  for  their  Guns  which  they  have  not  returned  &  that  ixxvi.,352. 
those  sums  be  paid  to  Col°  Norton  by  the  Treasur''  unless  they  pro-  House  Jour- 
duce  their  Guns  inasmuch  as  the  said  Norton  imprest  their  Guns  '^^^'  p-  ^^^• 
for  them  the  said  persons  were  born  on  Cap'  Fullers  Rool  in  y^  year 
1755.     [Passed  February  25. 


CHAPTER    414. 

VOTE  DESIRING  THE  LIEUT.  GOVERNOUR  TO  APPOINT  A  PUBLIC  FAST 

DAY. 

Whereas  this  Court  at  their  Present  sessions  have  been  making  Legislative 
Provisions  for  raising  a  Considerable  Number  of  Troops  to  be  Em-  councif  xx*l* 
ploy*^  in  Conjunction  w^  his  Majesty's  other  Forces  in  North  America  ^52.  Mass. 
under  Command  of  The  R'  Hon'''^  The  Earl  of  Loudon  for  Annoy-  xiv.,i.^^' 
ing  his  Majesty's  Enemies  &c 


694  Province  Laws  {Resolves,  etc.).  — 175 6-5 7 .     [ Chap .  415.] 

naTp^  373^"  ^  Whereas  the  Interest  &  Safety  of  this  Province  greatly  depends 

Love's  Fast      upon  their  success  in  the  Expeditions  in  which  they  may  be  Employ*^. 

gfvli^'^Days'  And  as  our  Success  in  this  and  all  other  our  Affairs  depends  upon 

fandfp.  49T     *^®  Smiles  &  Blessing  of  Heaven 

Ante,  p.  656i  Therefore 

chap.  314.  Voted  that  His  Honor  y*  Lei'  Gov''  be  desired  to  appoint  a  Day 

of  Fasting  &  Prayer  to  be  observ^  throughout  this  Province  to  seek 
to  Heaven  in  the  most  humble  penitent  &  Earnest  Manner  for  y* 
Divine  Favor  &  Blessing  on  this  and  all  other  the  affairs  of  y®  Pub- 
lick  &  that  all  Eecreation  &  Unnecessary  Labor  be  forbidden  thereon.* 
\_Passed  *  February  26. 


CHAPTER    415. 

VOTE  FOR  AN    ESTABLISHMENT    FOR    FORTS  AND  GARRISONS  ON    THE 
EASTERN  AND  WESTERN  FRONTIERS. 

Rlfords  of  the  ^^^ted  That  the  following  Establishment  be  made  for  Defence  of 

Coundi.xxi.,  the  Eastern  &  Western  Frontiers,  Viz* 

Archives, '  That  there  be  one  hundred  Men  (besides  those  now  in  the  Garri- 

ixxvi.,  360.  gQjjg  ^  Forts)  employed  in  Eanging  the  Woods  on  the  Eastern  Fron- 

House  Jour-  ^jgj.g  \^  such  placcs  as  the  Commander  in  Chief  shall  Order,  to  be 

Iial,pp.o58,  dot),  .  T-H  ■  -ni  i-r~k  pi-i  i  i 

360,361,363,872,  contiuued  lu  s  scrvicc  till  the  tenth  Day  01  April  next  and  no  longer. 
i«<e^p'.472,  That  there  be  fifteen  Men  posted  at  Fort  Massachusetts,  besides 

p^624^^ap  ^^®  fifteen  now  there,  including  one  Lieu*  one  Serjeant,  one  Cor- 
238.  '        *      poral  &  one  Drummer. 

That  four  of  the  men  at  Kice's  Garrison  in  Charlemont  be  with- 
drawn &  two  of  them  posted  at  Hawk's  Garrison,  the  other  two  at 
Taylor's  in  s*^  place 

That  the  men  at  Fort  Massachusetts  &  y*  other  Garrisons  on  y® 
Western  Frontiers  be  employed  in  Scouting  as  y*  Commander  in 
Chief  shall  direct,  and  the  whole  continued  in  the  service  untill 
ye  -j^Qth  j)g^y  Q-f  J ^ly  uoxt  or  thc  further  Order  of  this  Court. 

That  the  Men  now  posted  at  Pontoosuck  by  the  Governm'  of  Con- 
necticut be  subsisted  at  the  Charge  of  this  Government  untill  the 
10*  of  July  next. 

That  there  be  forty  five  Men  including  one  Captain  &  one  Lieu' 
employed  in  Eanging  the  Woods  on  the  West  Side  of  Connecticut 
Eiver,  North  of  Fall  Town  in  such  places  as  the  Commander  in 
Chief  shall  order,  to  be  Continued  in  s*^  service  till  y^  first  day  of 
April  next  &  no  longer 

That  there  be  the  same  pay  tSc  subsistence  allowed  to  y®  Forces 
on  the  Eastern  &  Western  Frontiers  as  was  ordered  by  the  Estab- 
lishment made  for  the  Forces  there  the  last  Year. 

That  the  Commissary  General  be  directed  forthwith  to  provide 
a  sufficient  Number  of  Snow  Shoes  and  Mogasons  for  those  that 
may  be  employed  in  the  Scouting  and  ranging  service.  And 

That  the  raising  of  the  men  for  the  services  aforesaid  be  by  inlist- 
ment.     \^Passed  February  26. 

^  The  fast  was  appointed  for  April  21,  1757,  and  was  public.  Mass.  Archives,  xiv.,  9, 
reads,  April  14. 


[5th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1756-57.  695 


CHAPTEK    416. 

VOTE   DIRECTING    THE    PROVINCE    TREASURER    TO    STOP    MONEY    FOR 
FIRE  ARMS  NOT  RETURNED  OUT  OF  SOLDIERS'   WAGES. 

Voted.  That  the  Province  Treasurer  be  &  hereby  is  directed  in  Legislative 
paying  the  Eolls  of  the  Officers  &  Soldiers  in  the  last  Expedition  councu' xil!)' 
towards  Crown  Point  to  retain  four  Pounds  out  of  the  Wages  of  ^ 


every  Officer  &  Soldier  that  received  Arms  belonging  to  the  Crown,  Mass. 
or  that  are  now  possessed  of  Arms  belonging  to  the  Province,  till  ix^xvl^sI's. 
such  Officer  or  Soldier  return  the  same  Arms  &  Bayonets  (there-  ^Xrf  seT^" 
with  delivered)  to  the  Commissary  General,  or  produce  Certificate  ^We.'p.  652, 
that  they  have  lodged  the  same  with  some  person  appointed  in  the  ' 

several  Counties  in  the  Province  to  receive  them  &  that  the 

several  Colonels  »&  Captains  of  the  Militia  in  the  Province  be  & 
hereby  are  impowered  &  enjoined  immediately  to  seize  all  such 
Arms  as  they  may  find  disposed  of  by  any  of  said  Soldiers,  &  in 
the  hands  of  any  of  the  Inhabitants  of  the  Province,  &  to  convey 
the  same  to  the  Commissary  General  in  the  most  speedy  &  easy 
manner. 

And  that  his  Honour  the  Leiutenant  Governor  be  desired  to  write 
to  the  Governors  of  New  York,  &  Connecticut,  advising  them,  that 
many  of  the  said  Arms  delivered  to  the  Soldiers  raised  by  this  Prov- 
ince have  been  purchased  from  them  by  the  Inhabitants  of  their 
respective  Governments.  And  to  desire  them  to  take  such  measures 
as  may  be  thought  necessary  for  the  Eecovery  of  the  same  for  the 
use  of  the  Province. 

And  further 

Ordered  that  the  first  paragraph  of  this  Vote  be  publish'd  in  the 
several  publick  prints  for  the  information  of  all  Persons  concerned. 
{^Passed  February  26. 


CHAPTER    417. 

ORDER  REFERRING  ALL  UNFINISHED  MATTERS. 

Ordered,  That  all  matters  now  lying  before  this  Court,  which  Legislative 
have  not  been  &  shall  not  be  passed  on  before  the  Court  rises,  be  councif,  xxi!!^ 

referred  over,  &  have  the  same  day  at  their  next  Sitting.     \^Passed  ^ . 

February  26.^  naT^^s^o"""" 


nal,  p.  370. 


CHAPTER    418. 

ORDER  IMPOWERING  ENOCH  MERRILL,  ADM»,  TO    SELL    REAL    ESTATE 
AND  MAKING  PROVISION  IN  REGARD   TO  THE  PROCEEDS. 

A  Petition  of  Enoch  Merril,  Administrator  to  the  Estate  of  licgisiative 
his  Brother  John  Merril  late  of  Methuen  in  the  County  of  Essex  councif,  xx^,^ 
deceased ;     Setting  forth  that  his  said  Brother  died  in  December  Archi^es^^iix 
last  seized  of  a  House  &  about  Sixty  Acres  of  Land  apprized  at  533.        '      ''' 
£93.6.8,  &  that  the  deceaseds  debts  amount  to  about  Sixty  Pounds  Mass. 
more  than  his  personal  Estate,  that  it  would  be  more  for  the  Inter-  ^2?'^House*^'*' 

*  Adjourned  to  March  30.    See  Legislative  Records  of  the  Council,  xxi.,  456. 


696 


Province  Laws  {Resolves,  etc.).  — 1756-57.    [Chap.  419.] 


Journal, 

pp.378,  381,382. 
Province 
Laws,  11.,  151, 
chap.  10. 


est  of  the  Heirs  to  have  the  whole  sold,  than  to  sell  what  Would 
be  barely  sufficient  to  pay  the  debts :  &  as  the  Widow  hath  signified 
her  desire  that  the  whole  may  be  sold  he  prays  that  he  may  be  im- 
powered  to  dispose  thereof  accordingly  he  to  be  accountable. 

Eead  and 

Ordered  That  the  Pet"^  be  and  He  hereby  is  impowered  in  his  said 
Capacity  to  make  Sale  of  the  lands  and  premisses  within  mentioned 
for  the  most  they  will  fetch.  He  observing  the  directions  of  the  Law 
respecting  the  Sale  of  real  Estates,  and  making  a  good  Deed  or 
Deeds  for  conveyance  thereof,  and  giving  sufficient  Caution  to  the 
Judge  of  Probate  for  the  County  of  Essex  That  the  Proceeds  of 
such  Sale  be  dispos'd  of  as  follows  viz  One  third  of  the  Income 
for  the  Use  of  the  Widow  during  Life  the  remainder  (after  pay- 
ment of  the  Just  Debts)  to  be  distributed  among  the  several  Heirs 
of  the  Dec'd  according  to  Law,  and  after  the  Decease  of  the  Widow 
the  Dower  be  likewise  divided  amongst  the  Heirs.     \^Passed  April  2. 


CHAPTER    419. 


ORDER    IN    REGARD    TO    THE    DISCHARGE    OF    JACOB    FOSTER    AND 
SAMUEL  NUTTING  FROM  GOAL. 


Legislative 
Records  of  the 
Council,  xxL, 

460.    Mass. 
Archives, 
xliv.,  364. 

Mass. 
Archives, 
xliv.,  363,  365. 
House  Jour- 
nal, p.  386. 
Province 
Laws,  ii.,  1069, 
chap.  6. 


A  Petition  of  Jacob  Foster  of  Holliston  in  the  County  of  Mid- 
dlesex Setting  forth  that  he  is  now  a  Prisoner  for  debt  in  Cam- 
bridge Goal;  that  he  hath  honestly  made  known,  his  Circumstances; 
&  offered  his  Estate  to  his  Creditors;  &  on  the  31  January  last  ap- 
plied to  M""  Foxcroft  &  M"'  Danforth,  two  of  his  Majesty's  Justices 
of  Peace  &  Quorum  Unus,  in  order  to  take  the  Oath  provided  by 
Law  for  the  Eeleif  of  Poor  Prisoners  for  debt,  who  appointed  to 
meet  at  the  Goal  on  the  fourteenth  day  of  March  then  next  after; 
&  the  Creditors  were  notified  accordingly,  but  M""  Foxcroft  being 
ill  could  not  attend;  &  so  nothing  was  done  for  his  Releif :  where- 
upon M'  Justice  Danforth  issued  a  new  Notification  to  the  Creditors 
to  appear  on  the  21  day  of  March,  &  M""  Justice  Mason  was  to  act 
in  the  room  of  M'  Foxcroft  but  this  second  Appointment  of  the 
Justices  failing  likewise,  he  is  still  without  Releif,  &  prays  the 
Interposition  of  this  Court. 

Read  and 

Ordered  that  the  Prayer  of  this  &  the  annexed  Petition  [viz'  of 
Samuel  Nutting  for  the  like  Releif]  '  be  so  far  granted  as  that  Samuel 
Danforth  Esq""  together  with  any  other  Justice  of  peace  for  the  County 
of  Middlesex  be  &  hereby  are  impowered  to  proceed  with  regard  to 
the  discharge  of  the  Petitioners  and  in  consequence  of  the  notifi- 
cations already  given  in  like  manner  as  the  said  Samuel  Danforth 
together  with  Francis  Foxcroft  Esqr  who  is  unable  to  act  by  reason 
of  sickness  might  have  done  had  they  both  been  present.  \^Passed 
April  4. 

*  Inserted  from  Legislative  Records  of  the  Council,  xxi.,  460.  For  the  petition  see 
Mass.  Archives,  xliv.,  365. 


[5th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1756-57.  697 

CHAPTER    420. 

ORDER  IMPOWERING  JOHN   HARVEY,  ADM^,  TO  SELL  LAND. 

'A  PETITION  of  John  Harvey  of  Petersborough  in  the  Province  Legislative 
of  New  Hampshire,  Administrator  on  the  Estate  of  John  Perbles  coundf,  xxi!",^ 
a  proper  Inhabitant  of  the  Province  of  the  Massachusetts  Bay.  ^Jchfves^xiv 
deceased.  Setting  forth  that  the  deceased  died  seized  of  two  is. 

Tracts  of  Land  in  the  County  of  Worcester  apprized  in  the  whole  Mass. 
at  One  hundred  and  forty  nine  pounds.  That  he  obtained  leave  of  ^^u.^^House'' 
the  Superior  Court  to  sell  One  hundred  pounds  worth  of  said  Lands  Journal, 
for  payment  of  the  deceaseds  debts,  since  which  other  debts  have  province 
appeared  to  the  amount  of  Seventeen  Pounds,  that  it  is  not  likely  J'lfj^f  lo.''  ^^^' 
that  the  Lands  will  sell  for  the  apprized  value  unless  sold  together 

Therefore  praying  he  may  be  impowered  to  sell  the  whole;  he  to 
be  accountable. 

Read  and 

Ordered  that  the  Prayer  of  the  Pet"  be  so  far  granted,  As  that 
the  Pef  in  his  Capacity  as  adm""  be  and  hereby  is  impowered  to 
make  Sale  of  the  lands  lying  in  Rutland  (belonging  to  the  Dec'd) 
for  the  most  they  will  sell  for,  and  to  Execute  a  good  Deed  or 
Deeds  in  the  Law  for  the  same.  He  first  observing  the  Directions 
of  the  Law  respecting  the  Sale  of  real  Estates  and  giving  Security 
to  the  Judge  of  Probate  for  the  County  of  Worcester  to  Account 
for  the  proceeds  thereof.     \^Passed  Apj'il  4.' 


CHAPTER    421. 

ORDER  DIRECTING  THE  PROVINCE  TREASURER  NOT  TO   DEDUCT   PAY- 
MENT FOR  A  GUN  FROM   WAGES  OF  EPHRAIM  HARVEY. 

A  Petition  of  Lydia  Harvey  Wife  of  Ephraim  Harvey  deceased  R|forJff Jf ^i^g 
&  Administrator  on  his  Estate     Setting  forth  that  her  said  late  Councu,  xxi., 
Husband  was  a  Soldier  in  the  Crown  Point  Expedition  in  the  year  Archives,^' 
1756  &  died  in  the  Service,  &  that  the  Ensign  of  the  Company  ^^^J-.  ^o'l- 
returned  his  Gun  into  the  Store  at  Half  Moon,  therefore  praying  House  Jour- 
there  may  be  no  Stoppage  or  Deduction  from  his  Wages  on  account  ^jj/efp.  695, 
of  said  Gun.  chap.4i6. 

Read  and 

Ordered  that  the  Prayer  of  this  Pet'^  be  granted,  and  the  Treas- 
urer is  accordingly  directed  in  paying  the  Wages  of  the  said  Ephraim 
Harvey  not  to  make  any  Deduction  for  the  said  Ephraim's  Gun. 
[Passed  April  4.'' 

'  The  date  given  in  Mass.  Archives  as  final,  in  Council,  is  April  3,  evidently  a  mistake, 
as  it  passed  the  House  first  on  April  4. 

*  The  date  given  in  Mass.  Archives,  as  final,  in  Council,  is  April  2,  evidently  a  mistake, 
as  the  order  gives  the  date  of  its  having  passed  the  House  on  April  4. 


698 


Pkovince  Laws  {Resolves, etc.).  — 1756-57.  [Chaps.  422-424.] 


CHAPTEK    422. 


Legislative 
Records  of  the 
Council,  xxi., 
462.    Mass. 
Archives, 
Ixxvi.,  397. 

House  Jour- 
nal, pp.  379, 387. 
Ante,  p.  695, 
chap.  416. 


ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  PAY  JOHN  KING 
HIS   WAGES  IN  FULL. 

A  Petition  of  John  King  of  Plymouth  in  the  County  of 
Plymouth,  a  Soldier  in  the  Expedition  to  the  Westward  the  last 
Year,  Setting  forth  that  he  came  home  sick,  from  the  army, 

&  being  unable  to  bring  his  Pack  &  his  Gun,  he  left  them  with  a 
Waggoner,  who  had  brought  him  part  of  the  way  on  his  Journey ; 
&  the  Small  Pox  being  at  Albany ;  he  was  afraid  to  go  thither  to 
recover  them  therefore  praying  that  there  may  be  no  deduc- 

tion from  his  Wages  for  his  Gun,  which  he  has  lost  as  aforesaid. 

Eead  and 

Ordered  that  the  Treasurer  be  directed  to  pay  the  Pet'  his  full 
Wages.     \_Passed  April  4,  • 


CHAPTEE    423. 


ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  PAY  MOSES  LELAND 
THE  WAGES  OF  HIS  SERVANT  IN  FULL. 


Legislative 
Records  of  the 
Council,  xxi., 
463.    Mass. 
Archives, 
Ixxvi.,  410. 

House  Jour- 
nal, pp.  379, 387. 
Ante,  p.  695, 
chap.  416. 


A  Petition  of  Moses  Leland  Setting  forth  that  He  had  a 

Servant  one  Ebenezer  Bly  impressed  into  the  Service  on  the  late 
intended  Expedition  against  Crown  Point,  where  being  charged 
with  the  Care  of  the  Sick,  he  lost  his  Gun,  and  praying  that  there 
may  be  no  deduction  from  his  Wages  on  that  account. 

Bead  and 

Ordered  that  the  Treasurer  be  directed  to  allow  the  Pet'  his  full 
Wages.     \Passed  April  4. 


CHAPTER    424. 


ORDER  ALLOWING   £4  TO  DAVID  ROWE. 


Legislative 
Records  of  the 
Council,  xxi., 
463.    Mass. 
Archives, 
Ixxvi.,  612. 

Mass. 
Archives, 
Ixxvi.,  512. 
House  Jour- 
nal, pp.  379, 387. 
Ante,  p.  695, 
chap.  416. 


A  Petition  of  David  Rowe  an  Ensign  in  the  late  intended  Ex- 
pedition to  Crown  Point  Setting  forth  that  he  was  ordered  (with 
Others)  to  send  his  Gun  to  the  Armourer,  which  he  accordingly 
did,  &  when  he  came  to  demand  it  again,  was  told  it  was  stolen  & 
likewise  setting  forth  that  he  was  made  up  one  Month  short  in  the 
muster  Roll,     therefore  praying  for  Releif. 

Read  and 

Ordered  that  the  four  pounds  stop'd  on  Ace*  of  the  Gun,  be  paid 
out  of  the  publick  Treasury  to  the  Pet^     ^Passed  April  4. 


[5th  Sess.]     Province  Laws  {^Resolves,  etc.).  — 1756-57.  699 


CHAPTEE    425. 

ORDER   DIRECTING    THE    PROVINCE    TREASURER    TO    PAY    ROBERT 
EASTABROOK  HIS  WAGES  IN  FULL. 

A  Petition  of  Eobert  Eastabrooks     Praying  that  no  deduction  Legislative 
be  made  from  his  Wages  on  account  of  his  Gun  which  by  order  he  coumff  xli!^** 
left  with  the  Gentry  at  Saratogo,  while  he  went  into  the  fort  there  463.  Mass. 
for  Eefreshment,  k  was  there  stolen  from  him.  LxxvClgb. 

Eead  and  House  Jour. 

Ordered  that  the  Treasurer  be  directed  to  pay  the  Pef  his  full  ^\^^-^l^'^^''' 
Wages.     \_Passed  April  4.  ciTap'.  Tie.  ' 


CHAPTEE    426. 

ORDER  ALLOWING  31/5  TO  SAMi-  COOK. 


A  Petition  of  Samuel  Gook  of  Simsbury,  formerly  of  Hopkin-  Legislative 
ton  Setting  forth  that  he  was  a  Soldier  in  the  Gape  Breton  coSncff,  xxl.^ 

Expedition  in  the  year  1745  that  he  removed  out  of  the  Govern-  463.  Mass. 
ment  before  he  called  for  his  Wages,  and  that  they  are  still  due,  ixx^vCll's. 
therefore  praying  an  Order  for  the  Same.  m^^^; 

Eead  and  ^x^vi*^452 

Ordered  that  the  Pef  be  paid  out  of  the  publick  Treasury  the  House  Jou'r- 

sum  of  thirty  one  shillings  and  five  pence  in  concideration  of  the  °*i>pp-3^s>389- 

Service  within  mentioned.     [^Passed  April  4. 


CHAPTEE       427  Legislative 

^-n--^-'^-*--^-'^      *iii<.  Records  of  the 

Council,  xxl., 

ORDER  IMPOWERING  THE    SHERIFF  OF  SUFFOLK  COUNTY  TO   IMPRESS  ArchivM^lxv., 

THIRTY  SEAMEN.  330. 

Legislative 

Ordered  that  the  Sheriff  of  the  Gounty  of  Suffolk  be  &  hereby  is  councff, xxi.^® 
impowered  &  directed  to  impress  thirty  Seamen  for  the  manning  of  464.  House 
the  Snow  Prince  of  Wales  Nathanael  Dowse  Gommander  in  order  to  pp.390, 392. 

Province 


111., 


her  proceeding  upon  her  intended  cruise  as  soon  as  may  be.    \^Passed  Laws 
Aprils.^  chap.  12. 

CHAPTEE    428. 

ORDER  FOR  THE   TRANSFER  OF   £500  FROM  THE    APPROPRIATION    FOR  Legislative 

GRANTS  TO  THE  APPROPRIATION  FOR  FORTS  &  GARRISONS.  Records  of  the 

Council,  xxl., 

459,  465. 

Ordered  That  a  Transfer  be  made  from  the  Appropriation  for  House  Jour- 
Grants  to  the  Appropriation  for  Forts  &  Garrisons,  of  five  hundred  p^oV^nce^' 
Pounds  in  order  to  enable  the  Gommittee  appointed  to  cause  neces-  Laws,  iii.,  980, 
sary  Eepairs  &°  to  be  made  at  Gastle  William  to  proceed  in  that  Ser-  '^^^^'  ^' 
vice.     {^Passed  April  6. 

^  Governor  Shirley  being  absent,  and  the  Lieutenant  Governor  having  died  (April  4, 
1757) ,  the  Executive  consent  (noted  in  the  records)  developed  upon  the  major  part  of  the 
Council  by  the  charter  of  1692.  This  state  of  affairs  lasted  till  the  arrival  of  Governor 
Thomas  Pownal,  August  3, 1757. 


700 


Province  Laws  {Resolves,  e^c).  —1756-57.  [Chaps.  429-432.] 


CHAPTEK    429. 


Legislative 
Records  of  the 
Council,  xxi., 
465. 

House  Jour- 
nal, p.  396. 


VOTE    DIRECTING    THE    PROVINCE    TREASURER    TO    PAY    ELIJAH 
INGRAHAM   HIS   WAGES   IN   FULL. 

Voted  That  the  Treasurer  be  &  hereby  is  directed  in  paying  of 
the  Wages  of  Elijah  Ingraham  not  to  make  any  Stoppage  for  the 
said  Elijah's,  Gun  inasmuch  as  it  was  returned  into  the  Stores  at 
Fort  William  Henry  in  December  last  by  Ensign  Samuel  Williams. 
l^Passed  April  6. 


CHAPTEK    430. 

VOTE    FOR    SELLING    FOUR    CANOES    AT    SANDWICH    BELONGING    TO 
FRENCH  NEUTRALS. 


Legislative 
Records  of  the 
Council,  xxi., 
465.    Mass. 
Archives, 
xxiii.,  384. 

House  Jour- 
nal, p.  396. 
Ante,  p.  679, 
chap.  386. 


In  the  House  of  Rep''®* 

It  being  represented  to  this  House  that  there  are  four  Canoes 
left  by  the  French  Neutrals  (who  deserted  from  the  Southern  Gov- 
ernments) at  Sandwich  Which  are  in  danger  of  being  Useless  if  not 
soon  dispos'd  of  Therefore 

Voted  that  Roland  Cotton  Esq'  be  directed  to  Sell  said  Boats  at 
publick  Vandue  for  the  most  they  will  Sell  for,  and  after  the  neces- 
sary Charges  due  to  several  Persons  Who  have  had  the  care  of  them 
are  deducted  that  He  be  accountable  to  this  Court  for  the  Overpluss. 

In  Council  Read  &  concurred.     [Passed  April  6. 


Legislative 
Records  of  the 
Council,  xxi., 

462,  465. 

House  Jour- 
nal, p.  389. 
Province 
Laws,  iii.,  1079, 
note.    Ante, 
p.  443,  chap. 
282;  p.  659, 
Chap.  321. 


CHAPTER    431. 

ORDER    DIRECTING    THE    COMMITTEE    OF    WAR    TO    FURNISH    ARMS, 

TENTS,  &c. 

Ordered  That  the  Committee  of  War  be  directed  to  furnish 

the  Forces  raised  for  the  present  Expedition  with  necessary  Arms. 
&  Bayonets.  And  that  they  compleat  Tents  for  eighteen  hundred 
Men  as  soon  as  may  be,     [Passed  April  6. 


CHAPTER    432. 


ORDER    IMPOWERING    THE    CHILDREN    OF    DOROTHY    MONK    TO 
WITH  RALPH  HOLBROOK  IN  THE   SALE  OF  AN  ESTATE. 


JOIN 


Legislative 
Records  of  the 
Council,  xxi., 
466.    Mass. 
Archives,  xix., 
531. 

Mass. 

Archives,  xix., 
530.    House 
Journal, 
pp.  382,388,389. 


A  Petition  of  Samuel  Stone  &  Others,  Children  &  Representa- 
tives of  all  the  Children  of  Dorothy  Monk,  late  of  Roxbury  de- 
ceased Daughter  of  William  &  Dorothy  Bosson  of  said  Roxbury 
deceased  Setting  forth  that  the  said  William  &  Dorothy  had  in 
their  life  time  given  a  certain  Messuage  Shop  &°  in  Roxbury  to 
John  Holbrook  since  deceased  &  his  Heirs  forever  in  trust  for  the 
benefit  of  the  said  Dorothy  &  her  Heirs  lawfully  begotten  forever. 
That  the  Buildings  are  gone  to  decay,  and  all  Parties  concerned 
desirous  of  having  the  Estate  sold     Therefore  praying  the  Inter- 


[5th  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1756-57.  701 

position  of  this  Court;  &  that  they  would  take  off  the  Incumbrance 
&  grant  power  to  sell  the  Estate  for  the  Benefit  of  those  Interested 
therein. 

[Read  and] 

Ordered  that  the  Prayer  of  this  Petition  be  granted  &  the  Chil- 
dren of  Dorothy  Monk  Deceased  be,  &  they  hereby  are  Authorized 
&  Impowered  To  Joyn  with  Ealph  Holbrook  in  the  sale  of  the  Mes- 
suage &  premisses  within  Mentioned  &  To  make  &  Execute  a  Suffi- 
cient deed  or  deeds  thereof  which  when  recorded  In  the  Register's 
Office  of  the  County  in  which  the  Premisses  are  shall  be  Valid  To 
all  Intents  &  Purposes  in  the  Law.     \^Passed  April  6. 


CHAPTER    433. 

ORDER    IMPOWERING    MEHETABLE    RICE,   ADM'^,   TO    SELL    AN    ESTATE 
AND  MAKING  PROVISION  IN  REGARD   TO  THE  PROCEEDS. 

A  Petition  of  Mehitabel  Rice,  Widow  &  administratrix  on  the  Legislative 
Estate  of  Jedediah  Rice  late  of  Hard  wick  in  the  County  of  Worces-  councif.xir* 
ter,  Phisician  deceased  Setting  forth  that  her  said  late  Husband's  466.  Mass. 
Real  Estate  in  Hardwick  aforesaid  is  estimated  at  about  One  hun-  521.        '      '' 
dred  &  twenty  Pounds,  Value,  &  that  it  will  be  necessary  to  sell  the  Mass. 
greater  part  of  it  for  the  payment  of  the  deceased's  debts ;  &  that  ^a^^^House'^"' 
it  would  greatly  injure  the  Estate  to  sell  off  a  part  only.         There-  Journal, 
fore  praying  liberty  to  sell  the  Whole,  She  to  be  accountable.  pp.  381,389. 

Read  and  in  answer 

Ordered  that  the  Pet"^  in  her  capacity  within  mentioned  be  and 
she  hereby  is  Impowered  to  make  Sale  of  the  Deceased's  Estate 
lying  in  Hardwick  for  the  most  the  same  will  fetch  and  to  Execute 
a  good  Deeds  for  the  same  The  Proceeds  to  be  applyed  as  fol- 

lows Viz.  The  income  of  one  third  thereof  to  be  for  the  Use 

of  the  Widow  of  the  Deceased  during  her  Life  And  after  the  Just 
Debts  are  paid  that  the  remaining  two  thirds  be  divided  among  the 
proper  Heirs;  and  after  the  Death  of  the  Widow  that  the  said  third 
also  be  divided  among  the  Heirs:  Provided  sufficient  Caution  be  first 
given  to  the  Judge  of  Probate  for  the  County  of  Worcester  for  the 
performance  of  the  above  Order.     [Passed  April  6. 


CHAPTER    434. 

ORDER  ALLOWING  £2. 4.  1   AND  A  FURTHER   SUM    OF    26/  8    TO    GIDEON 

HENDERSON. 

A  Petition  of  Gideon  Henderson  of  Sunderland     Setting  forth  ^IfQ^cfg^Jf^th 
that  his  Servant  Shadrech  Bedorthy  served  as  a  Soldier  in  the  Cape  council,  xxi., 
Breton  Expedition,  &  was  provided  with  a  Gun  by  the  Petitioner;  Archives,^' 
that  his  said  Servant  died  in  the  Service  by  which  means  his  Gun  ixxvi.,  440. 
together  with  all  his  Cloathing  was  lost,  &  that  the  Petitioner  has  House  Jour- 
never  till  within  a  few  months  past  been  able  to  come  at  the  knowl-  m  ^^''    '     ' 
edge  of  what  was  due  on  account  of  his  said  Servants  Wages,  &  hath 
as  yet  received  no  part  thereof 

Therefore  praying  he  may  have  an  order  for  the  ballance  due  on 
the  Mustor  Roll,  &  also  what  may  be  thought  reasonable  on  account 
of  his  Loss  abovementioned. 


702 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  435,  436.] 


Legislative 
Records  of  the 
Council,  xxi., 
467.    Mass. 
Archives, 
cxvii.,  284. 

Mass. 
Archives, 
cxvii.,  282,  283. 
House  Jour- 
nal, pp.  379, 383. 


Eead  and 

Ordered,  That  there  be  allowed  &  paid  out  of  y®  Public  Treasury 
to  y*  Pef  the  Sum  of  two  pounds  four  Shillings  And  one  peny  being 
the  bal''  due  on  y^  Muster  Roll  of  Cap^  Jon*  Hubbard  for  his  said 
Servants  Wages,  &  y"  further  sum  of  Twenty  six  ShilP  &  8*^  for  y^ 
Loss  of  his  Gun  as  mentioned.     \^Pass6d  April  6. 


CHAPTER    435. 

ORDER  AND  VOTES  ALLOWING  £150  FOR   FORTIFICATION    TO    PROTECT 
PROVINCE  TOWN  AND  TRURO,  &<'. 

A  Petition  of  Joshua  Atkins  &  Others;  praying  that  this  Court 
would  grant  a  Sum  of  money  for  fortifying  Province  Town,  Har- 
bour; &  a  number  of  Cannon  for  its  defence. 

Read  and  in  Answer  hereto 

Ordered  that  M'  Joshua  Atkins  Maj""  Zoheth  Smith  and  Cap' 
Solomon  Pepper  be  and  they  hereby  are  directed  and  impowered 
(with  the  Cap'  Gen''  Order  and  Leave)  to  Erect  a  small  Battery 
(as  soon  as  may  be)  of  Six  Carraige  Guns  in  the  most  suitable 
place  near  the  Harbour  in  Province  Town ;  in  order  to  Secure  the 
Navigation  frequently  at  Anchor  in  said  Harbour;  as  also  to  Pro- 
tect the  Inhabitants  of  the  Towns  of  Truro  and  Province  Town 

Voted  also  that  the  Cap'  Gen'  be  desired  to  give  Order  to  the 
Commissary  General  to  deliver  to  the  said  Comm''*  (or  their  order) 
five  Cannon  of  the  following  Dimensions  Viz  two  Nine  two  Six  and 
one  four  Pounder,  in  addition  to  the  One  already  there,  with  a  Suit- 
able Quantity  of  Powder  and  Ball  for  the  Use  of  said  Cannon 

Also 

Voted  that  the  Sum  of  one  hundred  and  fifty  pounds  be  allowed 
to  be  paid  out  of  the  publick  Treasury  to  said  Comm*""  to  Enable 
them  to  build  said  Battery  and  Carraiges  (they  to  be  accountable). 
Provided  the  Inhabitants  of  said  Towns  keep  and  maintain  said 
Battery  and  Carraiges  in  repair  at  their  own  Cost  and  Charge  with 
a  Sufficient  Number  of  Men  and  Provisions:  And  when  the  War 
with  the  French  ceases  That  they  return  the  Cannon  and  And  ^ 
Ammunition  that  shall  remain,  into  the  Commissary  General's  Office 

Voted  also  That  the  Inhab*^  of  said  Town[s]  of  Province  Town 
and  Truro  be  exempted  from  Impresses,  so  long  as  the  present  War 
continues,  and  they  perform  the  Duties  beforementioned.  [Passed 
April  6. 


CHAPTER    436. 


Legislative 
Records  of  the 
Council,  xxi., 
468.    Mass. 
Archives, 
Ixxvi.,  411. 

House  Jour- 
nal, pp.  379, 388. 


ORDER  DIRECTING  THE   PROVINCE   TREASURER    TO    PAY    ISAAC    HAR- 
RINGTON, JK.,  HIS   WAGES  IN  FULL. 

A  Petition  of  Isaac  Harrington  jun""  of  Grafton  Setting  forth 
that  He  was  a  Soldier  in  the  late  Expedition  against  Crown  Point 
and  found  his  own  Gun  having  the  promise  of  two  Dollars  for  the 
Use  of  it ;  but  that  in  making  up  the  Muster  Roll  there  has  been  four 
pounds  deducted  from  his  Wages  upon  the  presumption  that  he  had 

»  Sic. 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  —  1756-57.  703 

received  one  of  the  Kings  Arms  &  had  not  returned  it ;         There-  Ante,  p.  513, 
fore  praying  Releif  tti^tk^. 

Eead  And  4i6. 

Ordered,  That  the  Treasurer  be  &  hereby  is  directed  to  pay  the 
petitioner  his  full  Wages.     \_Passed  April  6. 


CHAPTER    437. 

ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  PAY  SAMUEL  EDDY 
THE  WAGES  OF  JONATHAN  EDDY  IN   FULL. 

A  Petition  of  Samuel  Eddy  of  Oxford     Setting  forth  that  his  Legislative 
Son  Jonathan  Eddy  [was]  a  Soldier  in  the  last  Crown  Point  Expe-  councff,  x*Ji^® 
dition,  and  Setting  forth  that  his  said  Son  died  at  Fort  Edward ;  468.  Mass. 
&  that  he  could  never  learn  what  became  of  his  Gun,  but  that  there  ixx^vi.^496. 
has  been  a  deduction  made  from  his  Wages  of  Four  pounds  by  reason  Mass! 
of  said  Gun's  not  being  returned  &  praying  for  Eeleif.  i^^'^i^496 

Read  &  House  Joiirnal, 

Ordered,  That  y®  Treasurer  be  &  hereby  is  directed  to  pay  y«  Peti-  ^^"  ^'^•^*^- 
tioner  y^  full  Wages  due  to  his  Son  Jonathan  Eddy  deceased.    [^Passed 
April  6. 


CHAPTER    438. 

ORDER    DIRECTING    THE    PROVINCE    TREASURER    TO    PAY    STEPHEN 
SHUMWAY   HIS   WAGES   IN   FULL. 

It  APPEARING  by  the  deposition  of  Southerick  Hebberd  That  Legislative 
Stephen  Shumway  a  Soldier  in  the  late  Crown  Point  Expedition  councif.xxi.,^ 
being  sick  at  Still  water  was  unable  to  carry  his  Gun  &  delivered  Archiv^^s^^' 
the  Same  to  the  Deponent  who  afterwards  delivered  it  to  M'^  Com-  ixxvi.,  390. 
missary  Brown.  House  Jour- 

Read  and  nai.pp.379.388. 

Ordered,  That  the  Treasurer  be  and  hereby  is  directed  to  pay  to 
y®  Person  who  has  a  right  to  receive  the  same  the  full  Wages  which 
were  due  to  y®  within  named  Stephen  Shumway.     [Passed  AjJril  6. 


CHAPTER    439. 

ORDER  ALLOWING  32/  TO  DANIEL  EPES,  JUN«. 

A  Petition  of  Daniel  Epes  jun^  of  Danvers,  Setting  forth  that  Legislative 
by  Virtue  of  a  Warrant  from  Col°  Plaistead  he  impressed  a  Gun  for  council^  xxi.,* 
one  Charles  Dwimell  a  Soldier  in  the  Crown  Point  Expedition  in  the  Archives^' 
Year  1755,  apprized  at  one  Pound  twelve  shillings;  which  was  after-  ixxvi., 498. 
wards  returned  into  the  Commissary's  Store;  but  cannot  now  be  House  Jour, 
found,  &  returned  to  the  Owner     Therefore  praying  an  Order  for  ^'^i-pp- 396.397. 
the  Apprized  Value. 

Read  and 

Ordered  That  y^  Prayer  of  this  Petition  be  granted ;  &  that  there 


704  Province  Laws  {Resolves,  etc.) .  — 1756-57.  [Chaps.  440-442.] 

be  allowed  &  paid  out  of  y'  public  Treasury  to  the  Petitioner  for 
y^  use  of  y''  Owner  of  the  Gun  Mentioned  the  sum  of  thirty  two 
Shillings.     [Passed  April  7. 


CHAPTER    440. 


Legislative 
Records  of  the 
Council,  xxl., 
470.    Mass. 
Archives, 
ixxvl.,  381. 

Mass. 
Archives, 
Ixxvi.,  380. 
House  Jour- 
nal, p.  401. 


ORDER   DIRECTING    THE    PROVINCE    TREASURER    TO    PAY    ELIJAH 
HAWLEY   THE   AMOUNT   OF   HIS   SUBSISTENCE   IN  FULL. 

Upon  the  deposition  of  Eeuben  Dickinson  &  Joshua  Ballard 
testifying  that  Elijah  Hawley  a  Soldier  in  the  Crown  Point  Expe- 
dition in  the  year  1755  since  deceased,  returned  from  the  Army 
without  any  Expence  to  the  Government. 

Kead  And 

Ordered,  That  the  Treasurer  be  &  hereby  is  directed  to  pay  to 
M'  Josiah  Pierce  for  y'  Use  of  Sam'  Hawley  Jun''  the  full  allowance 
due  to  y'^  said  Elijah  Hawley  since  dec*^  for  his  Subsistance  on  his 
return  from  y*"  Army  at  Lake  George  in  1755  as  made  up  in  y^  Muster 
Roll  of  y"'  Comp"^  he  belonged  to.     [Passed  Ajjril  7. 


CHAPTER    441. 


Legislative 
Records  of  the 
Council,  xxi., 
471.    Mass. 
Archives, 
Ixxvi.,  615. 

House  Jour- 
nal, pp.  344. 345, 
402,  403.    Ante, 
p.  505,  chap. 
440. 


ORDER  ALLOWING  £600  TO  MAJOR  GENERAL  JOHN   WINSLOW. 

Upon  the  Memorial  of  John  Winslow  Esq''  General  of  the 
Forces  raised  in  1756  for  the  Defence  &  Protection  of  his  Majesty's 
Territories,  &  for  Removing  the  Encroachments  of  the  French  at 
Crown  Point,  &  the  Lake  Iroquois. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  John  Winslow  Esq""  Major  General  &  Commander  in  Chief  of 
the  Provincial  Forces  Employed  in  the  late  Expedition  against  Crown- 
point,  the  Sum  of  Six  hundred  Pounds  (in  Addition  to  what  he  has 
Already  received)  in  full  Consideration  of  his  faithful  discharge  of 
that  Important  Trust  reposed  in  him.     [Passed  April  7. 


CHAPTER    442. 


Legislative 
Records  of  the 
Council,  xxi., 
471. 

House  Jour- 
nal, p.  3'Jl. 
Province 
Laws,  iii.,  1072, 
note.    Ante, 
p.  661,  chap. 
328. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EXCISE 
FOR  THE  COUNTY  OF  MIDDLESEX  AND  ALLOWING  £2.4  FOR  THE 
EXPENSE  THEREOF. 

The  Committee  appointed  the  8*^  February  last  to  farm  out  the 
Excise  on  spirituous  Liquors  in  the  County  of  Middlesex  made  report 
of  their  Doings  therein,  having  sold  the  Same  to  W"'  Story  of  Bos- 
ton for  Nine  hundred  &  three  Pounds,  &  presented  their  Account 
of  Expence  amounting  to  Two  Pounds  four  shillings,  for  which  they 
prayed  Allowance. 

Read  &  Accepted  & 

Ordered  That  there  be  allowed  &  payed  out  of  the  Public  Treas- 


[5th  Sess.]     Provence  Laws  {Resolves^  etc.).  — 1756-57.  705 

ury  to  the  said  Committee  the  Sum  of  Two  pounds  four  shillings 
in  discharge  of  their  account  of  time  &  expences  exhibited.  l^Passed 
April  7. 


CHAPTER    443. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EXCISE 
FOR  THE  COUNTY  OF  SUFFOLK  AND  ALLOWING  £3.  6.  8  FOR  THE 
EXPENSE   THEREOF. 

The  Committee  for  farming  the  Excise  in  the  County  of  Suffolk  Rgford^of  the 
made  report  that  they  had  sold  the  same  to  M""  AVilliam  Coffin  for  councu,  xxi., 

three  thousand  &  eighteen  pounds  and  prayed  Allowance  of  their  — _ 

Expences  amounting  to  three  pounds  six  shillings  and  eight  Pence.  ^aTvf  3«)^" 

Read  &  £'^'«.  P^eeb. 

Ordered  That  this  Eeport  be  accepted.  And  that  there  be  allowed  "    ^' 
&  paid  out  of  the  Public  Treasury  to  the  said  Committee  the  Sum 
of  three  Pounds  six  shillings  &  eight  pence  in  discharge  of  their 
account  of  time  &  expences  exhibited.     \^Passed  April  7. 


CHAPTER    444. 

ORDER    IMPOWERING    THOMAS    GILBERT,   JR.,   ADM^   TO    SELL    REAL 
ESTATE   AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Thomas  Gilbert  Jun''  Administrator  on  the  Estate  Legislative 
of  Josiah  Gilbert  late  of  Brookfeild  deceased         Setting  forth  that  coSxxhf 
the  deceaseds  Real  Estate  in  Brookfeild  was  apprized  at  two  hundred  472.  Mass. 
sixty  six  pounds  thirteen  shillings  &  four  pence ;  That  the  Deceaseds  524.        >  ^  -  •» 
debts  amount  to  seventy  four  Pounds  nineteen  shillings  &  six  pence  Mass^ 
more  than  his  personal  Estate;  &  inasmuch  as  it  will  greatly  injure  ^3^'^^^^ ^'^"' 
the  Estate  to  sell  off  such  part  only  as  will  be  sufficient  to  pay  the  Journal, 
debts,  He  prays  that  he  may  have  liberty  to  sell  the  whole,  he  to  ^?ovinMf ■^' ^^^' 
be  accountable.  Jifap^o"'  ^^^' 

Eead  and 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted  as 
That  y*"  Pef  in  his  said  Capacity  be  &  he  hereby  is  impowered  to 
make  Sale  of  the  said  dec'^'^  real  Estate  lying  in  Brookfield  for  the 
most  the  same  Will  fetch,  &  to  pass  &  Execute  a  good  Deed  or  Deeds 
in  the  Law  for  conveying  the  same,  he  Observing  the  directions  of 
the  Law  relating  to  the  sale  of  real  Estates  by  Exec"  &  admin'"'  & 
the  proceeds  thereof  to  be  applied  as  follows,  viz*  the  Income  of  One 
third  thereof  to  be  for  the  use  of  the  said  deceased's  Widow  &  after 
the  Debts  &c  are  paid,  the  other  two  thirds  be  divided  among  the 
proper  &  legall  Heirs  of  said  Deceased  And  at  y''  Death  of  y*^ 

Widow  the  said  third  be  also  divided  among  the  proper  heirs  of  s*^ 
deceased  that  may  then  be,  and  That  sufficient  Caution  be  given 
to  the  Judge  of  Probates  &c  for  the  County  of  Worcester  Accord- 
ingly.    [Passed  April  7. 


706 


Province  Laws  {Besolves,  etc.) .  — 1756-57.  [Chaps.  445-447.] 


CHAPTEK    445. 

ORDER  CONFIRMING  THE  ASSESSMENT  OF  1756  IN  THE  TOWN  OF   TAUN- 
TON, AND  IMPOWERING  THE  COLLECTION  THEREOF. 

Eecords"of  the  ^  PETITION  of  George  Godfrey  &  John  Adam,  Assessors  of  the 
Council,  xxi.,    TowQ.  of  Tauuton     Setting  forth  that  they  had  assessed  sundry 

-^ Persons  in  said  Town  for  their  Polls,  who  were  under  the  age  of 

nai^pp. 387^392.  twenty  One  years,  some  of  which  Persons,  although  trading  for 
Eaws'uf.  1055  themselves,  &  having  no  Parents,  Masters  or  Guardians  to  pay 
note. '     '      '  said  Tax,  yet  refuse  jjaying  it  themselves  Therefoee  pray- 

ing that  the  said  Taxes  for  the  year  1756  may  be  confirmed  or 
established ;  which  otherwise  must  produce  great  confusion  &  sun- 
dry Law  suits. 
Eead  & 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted  as 
that  the  Tax  mentioned  for  the  year  1756  be  &  hereby  is  confirmed 
(any  pretended  Mistake  therein  mentioned  notwithstanding)  And 
that  the  Constables  to  whom  the  said  Tax  was  committed  to  collect, 
be,  &  they  hereby  are  fully  authorized  &  impowered  to  collect  the 
same.     [Passed  April  7. 


CHAPTER    446. 


Legislative 
Records  of  the 
Council,  xxi., 
473.    Mass. 
Archives, 
Ixxvi.,  531. 

Mass. 
Archives, 
Ixxvi.,  530. 
House  Jour- 
nal, p.  391. 


ORDER  ALLOWING  21/9  TO  DAVID   COOK  AND  34/3  TO  LEWIS  DIESH. 

A  Petition  of  David  Cook  &  Lewis  Diesh  Setting  forth  that 
they  were  last  Year  in  his  Majesty's  Service,  &  have  been  made  up 
short  in  the  Muster  Roll.  And  praying  for  Releif. 

Read  and 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  the  Pef  David  Cook  y**  sum  of  twenty  one  Shillings  &  nine 
pence  &  to  y®  Pef  Lewis  Diesh  the  sum  of  thirty  four  Shillings  & 
three  pence  in  Consideration  of  their  Wages  being  made  up  so  much 
short  in  the  Muster  Roll  of  y®  Comp^  they  belonged  to.  \_Passed 
Ajwil  7. 


CHAPTER    447. 


Legislative 
Records  of  the 
Council,  xxi., 
470.    Mass. 
Archives, 
Ixxvi.,  497. 

Mass. 
Archives, 
lxxvl.,497. 
House  Jour- 
nal, pp.  379, 388. 


ORDER  ALLOWING  37/4  TO  JOHN  STOCKWELL. 

A  Petition  of  John  Stockwell  of  Sutton  in  the  County  of  Worces- 
ter Setting  forth  that  his  Son  John  Stockwell ;  a  Soldier  in  the  late 
Expedition  against  Crown  Point,  carried  his  own  Gun  with  him,  but 
dying  at  Fort  William  Henry  said  Gun  (together  with  his  Sons  Cloath- 
ing)  is  lost     Therefore  praying  an  Allowance. 

Read  and 

Ordered,  That  there  be  allowed  &  paid  out  of  the  public  Treas- 
ury to  Cap*  Henry  King  for  y®  use  of  the  Petitioner  the  sum  of 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  707 

thirty  seven  Shillings  &  four  pence,  in  Consideration  of  the  Gun 
lost  by  his  Son  whilst  in  y^  Service  on  y*  late  Expedition  against 
Crown-point.     [Passed  Api'il  8.^ 


415. 


CHAPTER    448. 

VOTES  ESTABLISHING  GARRISONS  FOR  THE  EASTERN  AND  WESTERN 
FRONTIERS,  BOUNTY  FOR  INDIAN  CAPTIVES  AND  SCALPS,  AND  PAY 
AND   SUBSISTENCE   FOR  OFFICERS  AND  SOLDIERS. 

Voted  that  the  following  Establishment  be  made  for  the  Defence  Legislative 
and  protection  of  the  Frontiers  East  and  West.  Viz'  Scu'^xi^^ 

In  the  Eastern  Frontiers.  ^^'h"^^^^' 

That  Fort  Halifax,  and  the  Storehouse  at  Cushnoc,  be  Garrisoned  ixxvi.,  ess. 
with  eighty  Men,  and  no  more,  including  a  Captain  one  Lieu'  three  House  Jour- 
Seargents,  four  Corporals,  one  Drummer,  one  Armourer  and  a  Chap-  ^Q^'f^'^^^nte' 
lain.  p.-.694i  ctiap- 

Fort  Brunswick  with  five  Men  and  no  more,  including  one  Sear- 
gent. 

The  Truck  House  at  S'  George's  with  thirty  five  Men  &  no  more, 
including  a  Captain  one  Lieutenant,  one  Sergeant,  Two  Corporal. 
One  Drummer  &  One  Armourer 

The  Truck  house  at  Saco  within  fifteen  Men  and  no  more  includ- 
ing one  Lieutenant  one  Seargent  &  one  Corporal  and  That  Ten 
men  of  the  Inhabitants  of  New  Marblehead  One  of  whom  to  be  a 
Sergeant,  Alternatively  Put  Into  the  Pay  &  Subsistence  of  the  Gov- 
erment  &  that  s*^  Pay  &  Subsistence  be  Divided  among  s*^  Inhabitants 

Fort  Fredrick  at  Pemaquid  with  twenty  Men  and  no  more  includ- 
ing one  Lieutenant,  one  Sergeant  and  one  Corporal. 

And  for  the  further  Defence  of  the  Eastern  Frontiers. 

That  a  Marching  Army  be  raised  by  Iniistment  consisting  of  two 
hundred  and  sixty  Men  exclusive  of  Commission  Officers,  and  that 
they  be  constantly  employed  in  Scouting,  and  their  destination  be 
as  follows  viz'  that  forty  three  Men  be  employed  in  Scouting  from 
Salmon  Fall  River  at  the  head  of  the  Town  called  Lebanon  to  Saco 
River.  Fifty  Men  from  Saco  River  to  New  Boston  by  the  way  of 
Pearson  and  Hobbs  Town,  and  new  Glocester.  Eighty  Men  from 
New  Boston  to  Kennebeck  River;  And  eighty  seven  Men  from 
Frankfort  to  the  Truck-house  at  S'  George's;  and  that  there  be 
ten  effective  Men  of  the  Inhabitants  of  New  Glocester  one  of  whom^ 
to  be  a  Seargent  alternately  to  be  put  into  the  pay  and  Subsistance 
of  the  Government,  the  said  pay  and  Subsistance  to  be  divided 
amongst  the  Inhabitants;  And  that  there  be  ten  of  the  Inhabitants 
of  Pearson  &  Hobb's  Town  one  of  whom  to  be  a  Seargent  alter- 
nately put  into  the  pay  &  subsistance  of  this  Government,  &  that 
said  pay  &  subsistance  be  equally  divided  amongst  the  Inhabitants, 
and  eighteen  more  at  Broad  Bay  one  of  whom  to  be  a  Seargent,  to 
be  employed  in  protecting  the  Inhabitants  when  at  their  Labour, 
and  for  a  Guard  to  the  Coaster  when  loading  Thier  Lumber  &c'' ; 
And  that  there  be  six  Men  at  Burton's  Garrison  in  George's  River, 
one  of  whom  to  be  a  Seargent;  and  six  more  at  Henderson's  Garri- 
son at  the  entrance  of  said  River,  one  of  whom  to  be  a  Seargent, 

1  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  April  7. 


708  Province  Laws  {Resolves,  etc.).  — 1756-57.     [Chap.  448.] 

which  twelve  Men  last  mentioned  shall  be  under  the  direction  of 
the  Captain  of  the  Scouting  Company  at  S'  George's. 

That  a  Bounty  of  two  Dollars  be  given  to  each  Soldier  that  may 
Inlist  into  the  Scouting  Service  aforesaid,  and  shall  find  his  own 
Gun  that  there  be  but  Two  Commission  Officers  viz'  a  Captain  & 
Lieutenant  to  a  Company  of  not  less  than  forty  men. 

And  for  a  Security  to  the  Western  Frontiers. 

That  there  be  forty  men  at  Hoosuck  and  no  more,  thirty  whereof 
to  be  posted  at  Fort  Massachusetts,  and  ten  at  the  West  Township, 
the  said  ten  to  be  Inhabitants  of  said  Township,  if  there  should 
be  so  many  effective  Inhabitants  for  the  Service,  always  including 
the  Men  that  shall  have  been  concerned  in  Building  the  Block- 
house, agreeable  to  the  Vote  of  this  Court  28  January  1756,  the 
said  forty  Men  including  one  Captain,  one  Lieutenant,  one  Sear- 
gent  two  Corporals,  one  Drummer  and  a  Chaplain.  At  Fall  Town 
two  Garrisons  sixteen  Men  and  no  more  including  one  Seargent  at 
each  Garrison. 

At  Colerain  four  Garrisons  thirty  Men  and  no  more  including 
one  Lieutenant  and  two  Seargents. 

At  Charlemont  two  Garrisons  Viz*  Taylors  &  Hawks  twenty  four 
Men  and  no  more  including  one  Sergeant  at  each  Garrison  the  Men 
now  posted  at  each  place  to  be  accounted  part  of  said  Forces  and 
the  whole  to  be  constantly  employed  in  Scouting  as  formerly. 

At  Northfield  and  Greenfield  twenty  eight  Men  &  no  more  includ- 
ing one  Seargent  at  each  place. 

At  Pontoosuck  sixteen  Men  and  no  more  viz'  eight  at  Williams's 
Garrison,  and  eight  at  Goodrich's  Garrison  including  those  already 
posted  there,  the  said  sixteen  Men  inclusive  of  one  Seargent  at  each 
Garrison 

At  Stockbridge  sixteen  Men  and  no  more,  including  one  Seargent 
&  one  Corporal. 

At  Hunt's  Town  ten  Men  and  no  more  including  one  Seargent. 

The  aforesaid  Men  on  the  Western  Frontiers  to  be  under  the 
Command  of  a  Captain,  and  that  there  be  an  Amourer  in  the 
Western  Frontiers. 

Also  that  there  be  allowed  thirty  Men  to  be  imployed  in  Scout- 
ing between  Connecticutt  &  Merimack  Elvers,  inclusive  of  one 
Lieutenant,  one  Seargent  and  one  Corporal,  and  that  there  be  a 
Bounty  of  two  Dollars  given  to  each  Soldier  that  shall  Inlist  into 
said  Service  on  the  Western  Frontiers  and  find  his  own  Gun  except 
those  now  in  the  Service. 

That  the  Establishment  be  for  a  Term  not  exceeding  three  Months 
from  the  first  day  of  April  instant,  or  untill  the  further  Order  of  this 
Court,  and  that  the  pay  or  subsistance  of  the  Soldiers  that  may  be 
inlisted  as  aforesaid  commence  on  the  day  of  their  Inlistment  and 
that  an  Establishment  be  made  accordingly,  and  that  the  Subsistance 
for  the  Soldiers  in  the  Western  Frontiers  be  as  follows:  Viz' 

At  Pontoosuck  four  shillings  &  eight  pence  ^  Week 

At  West  Hoosuck  five  shillings  &  four  pence  ^  Week 

At  Fort  Massachusetts  six  shillings  ^  Week 

At  Charlemont,  Colerain,  &  Fall  Town  five  shillings  and  four 
pence  f)  Week. 

And  at  all  other  places  four  shillings  ^  Week  Saveing  the  thirty 
scouts  between  Connecticut  &  Merrimack  rivers  which  shall  be  five 
shillings  &  four  pence  ^  week 

And  that  Application  be  made  to  the  Government  of  Connecticutt 


[5th  Sess.]     Province  Laws  {Resolves^  etc.).  —  1756-57. 


709 


to  supply  US  with  thirty  two  Men,  if  they  think  proper  for  Stock- 
bridge  and  pontoosuck. 

And  that  the  following  Bounty  be  granted  and  allowed  to  the 
Soldiers  imployed  in  the  Service  of  this  Province  in  the  Eastern 
and  Western  Frontiers  to  be  paid  out  of  the  publick  Treasury  over 
and  above  the  Encouragement  aforesaid 

Viz'  For  every  Indian  Prisoner  above  Twelve  Years  of  Age  that 
shall  be  taken  and  brought  to  Boston  Fifty  Pounds. 

For  every  Scalp  of  an  Indian  above  twelve  Years  old  brought  in 
as  Evidence  of  their  being  kill'd  Forty  Pounds. 

For  every  Indian  Prisoner  under  twelve  Years  old  taken  and 
brought  in  as  aforesaid  Twenty  five  Pounds. 

For  every  Scalp  of  an  Indian  under  twelve  Years  old  brought  in 
as  Evidence  of  their  being  kill'd  as  aforesaid  Twenty  pounds. 

And  this  shall  be  the  only  Encouragement  for  the  Soldiers  any 
Vote  or  Votes  of  this  Court  to  the  contrary  notwithstanding. 

also 

Voted  that  the  following  Establishment  of  Wages  be  made  for 
the  officers  and  Soldiers  on  the  Eastern  Western  and  Northern 
Frontiers,  for  a  Term  not  exceeding  three  Months  from  the  first 
day  of  April  instant.  Viz* 

For  a  Capting  of  the  marching  Forces £4.  16.        ^  Month 

For  one  Lieutenant 3.4         t*     D" 

For  three  Seargents  each 1.  14.  1  t?     D» 

For  2  Corporals  each 1.     9.  10  P^     D" 

For  a  Centinel 1.    6,  8  ^     Do 

And  for  the  Garrison  Officers  and  Soldiers  Viz* 

For  a  Captain £4.  F  Month 

For  a  Lieutenant 3.  ^  D" 

For  a  Seargent 1.  10.  ^  Do 

For  a  Corporal 1.8  P  D" 

For  a  Drummer 1.     8.  F  Do 

For  a  Centinel 1.     4.  ^  Do 

For  a  Armourer 2.  t*'  Do 

For  a  Chaplain  at  Fort  Massachusetts  and  Fort  Halifax  each  .  5.  F  Do 

Also 

Voted  that  if  the  Establishment  aforesaid  be  continued  longer  than 
beforementioned  so  as  to  bring  Hay  time  and  Harvest,  that  then 
the  Destination  of  the  Marching  Forces  Eastward  be  so  far  altered 
as  that  they  shall  be  ordered  to  guard  the  Inhabitants  in  getting 
their  Hay  and  Harvest  in.  and  that  the  Commissary  General  be 
directed  to  send  the  provisions  for  the  Companies  aforementioned, 
as  near  as  he  conveniently  can  to  their  head  Quarters.  \^Passed 
April  8. 


CHAPTER    449. 

ORDER   ACCEPTING    REPORT    OF    COMMITTEE    ON    MANNING    PROVINCE 

VESSELS. 


The  Committee  appointed  to  consider  of  some  suitable  method 
for  manning  the  Province  Ship  &  Snow,  &  of  the  number  of  Men 
needfull  for  that  Purpose  Eeported  as  follows. 

That  there  be  one  hundred  &  twenty  five  Men  allowed  for  man- 
ning the  Ship  Officers  included. 

And  for  the  Snow  Eighty  five  Men,  Officers  included. 


Legislative 
Records  of  the 
Council,  xxl., 
478.    Mass. 
Archives,  Ixv., 
338. 

Legislative 
Records  of  the 
Council,  xxi., 


710 


Provence  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  450,  451.] 


464.    House 
Journal, 
pp.  390,  415. 
Ante,  p.  608, 
chap.  194. 


And  for  Encouragement  of  able  Men  to  inlist  in  the  above  Ser- 
vice, that  one  month's  Wages  be  advanced  to  each  private  Man  that 
shall  inlist  to  be  deducted  out  of  his  Pay.  And  that  the  Impost 
Officer  be  directed  to  pay  into  the  Province  Treasury  what  Sums 
he  has  collected  by  Virtue  of  the  Act  for  building  the  abovemen- 
tioned  Vessells  to  enable  the  Treasurer  to  pay  the  Same  in  manner 
as  aforesaid. 

Jacob  Wendell  ^  Order. 

Eead,  and 

Ordered,  That  this  report  be  Accepted.     {^Passed  A^iril  8. 


Legislative 
Records  of  the 
Council,  xxi., 
479.    Mass. 
Archives,  xix., 
528. 

House  Jour- 
nal, pp.  394, 401. 
Ante,  p.  506, 
chap.  441. 


CHAPTER    450. 


ORDER  IMPOWERING  JOSHUA  WALKER,  ADM^,  TO   SELL  REAL  ESTATE. 

A  Petition  of  Joshua  Walker,  Administrator  on  the  Estate  of 
Capt°  John  Eeed  late  of  Woburn  in  the  County  of  Middlesex  de- 
ceased, Intestate  Setting  forth  that  the  whole  of  the  Deceaseds 
Estate,  that  is  clear  of  Incumbrance  is  insufficient  to  pay  his  debts. 
That  a  part  of  the  Estate  was  sett  off  to  the  AYidow  for  her  Dower; 
and  that  one  Ralph  Eead  holds  another  parcell  of  said  Estate  for 
Life  Therefore  praying  that  as  the  Creditors  are  unanimously 
desirous  of  it.  He  may  be  impowered  to  sell  the  Eeversion  for  the 
benefit  of  the  Creditors. 

Read,  And 

Ordered  That  the  Prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  (in  his  Said  Capacity  of  Adm''  on  the  Estate  of  John  Eead 
dec*^)  be  and  hereby  is  impowered  to  make  Sale  of  the  remainder  or 
reversion  of  the  Two  Estates  withinmention'd  for  the  use  of  the 
Creditors,  the  Said  adni""  to  Acc^  for  the  neat  proceeds  of  the  Same 
to  the  Judge  of  Probates  for  the  County  of  Middlesex.  [^Passed 
April  8. 


CHAPTER    451. 


Legislative 
Records  of  the 
Council,  xxi., 

479.    Mass. 
Archives,  xix., 
526. 

Mass. 

Archives,  xix., 
525.    House 
Joiirnal, 
pp.  403,408. 


VOTE    IMPOWERING    ABIGAIL    &   EBENEZER  WILLIAMS,  ADMR^  TO    RE- 
CONVEY  LAND. 

A  Petition  of  Abigail  Williams,  Widow,  &  Ebenezer  Williams, 
Son  of  John  Williams  late  of  Easton  in  the  County  of  Bristol 
deceased  and  Administrators  on  his  Estate  Setting  forth  That 

one  Benjamin  Williams  of  said  Easton  did  on  the  4*''  day  of  Feb- 
ruary 1744  execute  a  deed  of  One  hundred  Acres  of  Land  in  said 
Easton  for  the  consideration  Sum  of  One  hundred  &  thirty  Pounds. 
That  to  their  certain  knowledge  the  said  deed  was  intended  only  to 
secure  the  Payment  of  the  money  aforesaid;  that  the  whole  of  said 
Money  was  not  repaid  in  the  life  time  of  the  said  John,  but  that 
Justice  may  be  done  to  Benjamin  the  grantor  They  pray  that  they 
may  be  enabled  to  reconvey  the  said  Estate  to  said  Benjamin  upon 
his  compleating  the  Payment  agreeable  to  the  Intention  of  the  con- 
tracting Parties. 

[Eead  &] 

Voted  that  Abigail  Williams  &  Ebenezer  Williams  adm"  on  the 


[5th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1756-57.  711 

Estate  of  John  Williams  late  of  Easton  Dec'^  be  &  they  are  hereby 
fully  authorized  &  impowered  in  their  said  Capacity  to  reconvey 
the  one  Hundred  Acres  of  Land  in  their  Petition  mentioned  to  the 
said  Benjamin  Williams  upon  his  paying  to  them  the  Consideration 
money  mentioned  in  his  Deed  to  the  said  John  Williams  Dec'^  with 
the  Lawfull  interest  &  Depreciation  of  the  same  they  the  said  Abi- 
gail &  Ebenezer.  Accounting  for  the  Said  money  with  the  Judge  of 
Probate  for  the  County  of  Bristol,  in  order  that  the  same  may  be 
Distributed  among  the  heirs  of  the  said  John  Williams  Dec'^  agree- 
able to  Law.  &  that  the  said  Deed  of  reconveyance  when  Executed 
shall  be  Deemed  as  good  &  Effectual  in  Law  as  tho  made  by  the 
said  John  in  his  life  time.     {^Passed  Ajjril  8. 


CHAPTER    452. 


ORDER  IMPOWERING  MARY  KENNEY,  ADM^,  TO  EXECUTE  A  DEED. 

A  Petition  of  Mary  Kenney  of  Sutton  in  the  County  of  Worces-  Legislative 
ter,  Widow  Setting  forth  that  her  late  Husband  Nathan  Kenney  counc'if,  xx*^,^ 
deceased  had  agreed  with  one  Israel  Richards  and  accordingly  had  48o.   Mass. 
given  him  a  Bond  to  convey  to  him  Eighteen  Acres  of  Land  upon  .^^^ uvea,  xix., 
the  Payment  of  a  certain  Sum  of  money,  about  two  thirds  of  which  House  Jour- 
is  already  paid  Therefore  praying  that  upon  Payment  of  the  nai,  pp.  381,392, 

Remainder  being  about  Sixteen  Pounds ;  She  may  be  impowered  in 
her  capacity  of  Administratrix  to  fulfill  said  Agreement  by  execut- 
ing a  Deed  for  said  Land. 

Read  and 

Ordered^  That  the  Prayer  of  this  Petition  be  granted,  And  That 
the  Pef  in  her  said  Capacity  of  Admin''  be  &  she  hereby  is  impow- 
ered (upon  her  receiving  the  Money  due  on  the  Contract  made  by 
her  said  Husband)  to  pass  &  execute  a  good  Deed  of  Sale  of  the 
Lands  mentioned  in  said  Petition  agreeable  to  the  Contract  &  Con- 
dition of  the  Bond  given  by  the  said  deceased  in  his  life  time  to 
y^  said  Israel  Richards,  She  to  be  accountable  to  the  Judge  of  Pro- 
bate &c  for  the  County  of  Worcester,  for  the  Money  she  shall  receive 
therefor.     \_Pass6d  April  8. 


CHAPTER    453. 

ORDER  IMPOWERING    AMOS    GATES,  GUARDIAN,  TO    SELL    LAND    AND 
MAKING  PRO^'ISION  IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Amos  Gates  of  Stow  in  the  County  of  Middlesex  Legislative 
Guardian  to  Prudence  Gates  of  said  Stow,  a  Person  Noncompos  councfi^  xxi!^^ 
Setting  forth  that  the  said  Prudence  hath  a  Real  Estate  in  said  ^H'^^^^^^^^^ 
Stow  worth  about  Fifty  or  Sixty  Pounds  the  Income  of  which  the  soo.    ^    ' 
last  year  was  only  twenty  Six  shillings  &  eight  pence;  that  there  Mass. 
is  now  ten  or  twelve  pounds  due  for  her  support,  &  that  it  will  be  ^2^'^House^'^'' 
necessary  to  raise  the  same  out  of  said  Estate,  &  that  he  apprehends  Joumai, 
it  would  be  for  the  Interest  of  the  Noncompos  to  sell  the  whole  pp- ^'^s.  sai,  4ii. 
Estate     Therefore  praying  that  he  may  be  impowered  to  make  Sale 
of  said  Estate  accordingly. 


712 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  454,  455.] 


Read  and 

Ordered,  That  y*  prayer  of  y*'  Petit"  be  granted;  and  y^  y^  Pef  In 
his  said  Capacity  of  Guardian  be  &  he  hereby  is  impowered  to  make 
sale  of  the  Land  mentioned  for  y*^  most  y"  same  will  fetch,  &  to  give 
a  good  &  sufficient  Deed  or  Deeds  of  Sale  in  y*"  Law  for  y*"  same,  pro- 
vided he  give  sufficient  Caution  to  y^  Judge  of  Probate  for  y"  County 
of  Midd^  to  be  Accountable  for  y*  produce  thereof,  and  y'  after  y*" 
just  Debts  are  paid  he  will  apply  y^  remainder  for  y®  use  of  y"^  widow 
to  whom  he  is  Guardian  while  She  remains  non  Compos,  And  if  she 
should  be  restored  to  y®  use  of  her  reason  again,  will  return  what 
shall  remain  in  his  hands  unto  her,  or  to  her  lawfull  heirs  in  case 
of  her  decease  together  with  y®  Lawfull  Interest  y^  of.  \^Passed 
April  8. 


Legislative 
Records  of  the 
Council,  xxi., 
481.    Mass. 
Archives,  xix., 
545. 

Mass. 

Archives,  xix., 
543.    House 
Journal, 
pp.  401,402,415. 


CHAPTER    454. 

ORDER  IMPOWERING  THOMAS  MELLEN,  ADM*,  TO    SELL    REAL   ESTATE 
AND  MAKING  PROVISION  IN  REGARD  TO   THE  PROCEEDS. 

A  Petition  of  Thomas  Mellen  iVdministrator  on  the  Estate  of 
Benjamin  Watkins  late  of  Hopkinton  Setting  forth  that  the 

said  Benj^  died  seized  of  twenty  three  Acres  and  an  half  of  Land 
in  said  Hopkinton  apprized  at  two  hundred  &  fifty  pounds  old  tenor, 
that  he  left  seven  small  Children  which  cannot  be  brought  up  nor 
the  debts  paid  without  the  Sale  of  of  '  said  Estate  Therefore  pray- 
ing that  he  may  be  impowered  to  make  Sale  thereof  for  the  pur- 
poses mentioned. 

Read  And 

Ordered,  That  y*  prayer  of  this  Pet°  be  so  far  granted,  as  That 
y®  Pef  in  his  s*^  Capacity  be  &  he  hereby  is  impowered  to  make  sale 
of  y^  reall  Estate  mentioned  for  the  most  it  will  fetch,  and  to  Make 
and  execute  a  good  &  lawfull  Deed  or  Deeds  of  Sale  of  y^  same.  And 
to  render  an  Acco'  of  y"  proceeds  thereof  to  y®  Judge  of  probate  for 
y^  County  of  Midd''  That  y"  overplus  if  any  there  be  may  be  applied 
agreeable  to  Law.     \^Passed  Ajoril  8. 


Legislative 
Records  of  the 
Council,  xxi., 
481.    Mass. 
Archives,  xix., 
537. 

Mass. 

Archives,  xix., 
536.    House 
Journal, 
pp.  395,  411. 


CHAPTER    455. 

ORDER  IMPOWERING  SAMUEL  AND  DAVID  BLANCHARD,  ADM«^  TO  SELL 
TWO  THIRDS  OF  AN  ESTATE. 

A  Petition  of  Samuel  Blanchard  &  David  Blanchard  Adminis- 
trators on  the  Estate  of  John  Blanchard  late  of  Billerica  in  the 
County  of  Middlesex  deceased  Setting  forth  that  the  Estate  of 
the  Deceased  has  been  represented  Insolvent,  and  that  a  Petition 
has  been  preferred  for  liberty  to  sell  a  part  of  the  Estate  for  pay- 
ment of  the  Debts,  which  was  accordingly  granted  by  the  Superior 
Court  sitting  in  Middlesex,  but  the  Part  allowed  to  be  sold  was  in- 
sufficient. Therefore  praying  liberty  to  sell  two  third  parts  of 
the  Estate  for  the  Purpose  aforesaid. 

Read  and 

Ordered  That  y^  Prayer  of  this  Petition  be  granted,  And  That 
y®  Pet"  in  their  said  Capacity  of  Administrators  on  the  Estate  of 

^  Sic. 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  713 

the  said  John  Blanchard,  be  and  hereby  are  impowered  to  make 
Sale  of  two  thirds  of  y'  reall  Estate  of  y'  Said  John  for  the  pay- 
ment of  his  Debts,  and  to  execute  a  Deed  or  Deeds  for  the  same 
which  when  Compleated  are  hereby  declared  to  be  good  «&  valid  in 
Law  to  all  intents  &  purposes,  they  giving  sufficient  Caution  to  y® 
Judge  of  probate  for  y«  County  of  Midd^  for  the  proceeds  of  s^ 
Sale.     \_Passed  April  8. 


CHAPTER    456. 

ORDER  ALLOWING  24/   TO  JONATHAN  MEACHAM. 

A  Petition  of  Jonathan  Meacham  Setting  forth  that  He  Legislative 

&  his   Brother  William  Meacham   deceased  were   Soldiers  in  the  co uncu"  xi^^ 
Crown  Point  Expedition  in  the  year  1755   &  both   carried  their  ^H'^-J^^l^^- 
own  Guns,  but  had  neither  of  them  opportunity  to  offer  their  said  ixxvi.,  455. 
Guns  to  the  Commissary  of  the  Musters  in  order  to   obtain  the  Mass. 
Province  Bounty  for  finding  their  own  Arms.  Therefore  praying  i^x^^JIm. 

■Rplpif  House  Jour- 

-^*^if^^-  ,  na],pp.387,393. 

Kead  and  Ante,  p.  367, 

Ordered  That  there  be  allowed  and  paid  out  of  the  public  Treas-  ^^*p-  ^• 
ury  to  Israel  Williams  Esq'  for  y®  use  of  the  Petitioner  the  Sum  of 
twenty  four  Shillings  for  the  use  of  y®  two  Guns  Mentioned,  in  the 
Expedition  against  Crown-Point  in  1755.     \_Passed  April  8. 


CHAPTER    457. 

ORDER    IMPOWERING    MARY    FAULKNER,  ADM^  TO    SELL    LAND    AND 
MAKING  PROVISION   IN  REGARD  TO  THE   PROCEEDS. 

A  Petition  of  Mary  Faulkner  of  Andover  in  the  County  of  ^f*^^|g"J|tije 
Essex  Administratrix  on  the  Estate  of  her  deceased  Husband  Abiel  council,  xxi., 
Faulkner  late  of  said  Andover  Archives,  xix., 

Praying  that  she  may  be  impowered  to  sell  fourteen  Acres  &  three  t!^ 


quarters  of  Pasture  Land,  &  a  lease  of  ten  Acres  of  Wood  Land  in  ^ass.^^^  ^^ 
Andover  aforesaid  for  the  Payment  of  the  just  debts  of  the  deceased.  438.  House 

-r,       ,  T  Journal, 

Keacl  and  pp.  396, 400. 

Ordered  That  y«  Prayer  of  this  Petition  be  so  far  granted  as  That 
y®  Pet'  (in  her  said  Capacity)  be  and  hereby  is  Authorized  &  impow- 
ered to  make  Sale  of  the  fourteen  Acres  &  three  quarters  of  Land 
therein  Mentioned,  as  also  the  Improvement  of  the  thirteen  Acres 
therein  Mentioned,  And  that  the  produce  thereof  be  applied  to  pay 
the  just  Debts  of  the  said  Abiel  Faulkner  dec-^  &  that  y«  Overplus 
(if  any  there  be)  be  secured  to  be  divided  agreeable  to  Law.  [Passed 
April  8. 


714 


Province  Laws  {Resolves,  etc.) .  — 1756-57.  [Chaps.  458-460.] 


CHAPTEE    458. 

VOTE   DIRECTING    THE    PROVINCE    TREASURER    TO    PAY    £1.  0.  6    TO 
ELISABETH   MERRILL,  ADM-^. 

Record  "of  the       Votecl  That  the  Treasurer  be  directed  to  pay  unto  the  Widow 
Council,  xxi.,    Elisabeth  Merrill  Administratrix  on  the  Estate  of  Stephen  Merrill 

— late  of  Tewksbury  deceased  One  pound  &  six  pence  in  full  for  the 

nail^p!m'*"      said  Stephen's  billeting  himself  in  his  return  home  from  the  Army 
in  the  year  1755.     [Passed  Ajjril  8. 


CHAPTER    459. 


ORDER  CONFIRMING  A  PLAT  OF  600  ACRES  OF  LAND  TO  JOHN  BARNARD. 


Legislative 
Records  of  the 
Council,  xxi., 
483.    Mass. 
Archives, 
xlvi.,  430. 

Mass. 
Archives, 
xlvi.,  429-434. 
House  Jour- 
nal, pp.  3-25, 326, 
831,  414.    Prov- 
ince Laws,  X., 
189,  chap.  82; 
xii.,  212,  chap. 
198;  317,  chap. 
129. 


A  Petition  of  John  Barnard  of  Eoad  Town  Setting  forth  that 
he  was  admitted  many  years  since,  a  settler  on  his  Father  Doc''  John 
Barnard  deceased  his  Right  in  Upper  Housatonnock ;  that  he  released 
his  said  Right  to  a  Committee  of  the  General  Court  for  the  benefit 
of  the  Stockbridge  Indians;  in  consideration  whereof  the  said  Com- 
mittee agreed  that  He  should  have  six  hundred  Acres  of  the  unap- 
propriated Lands  of  the  Province  in  the  County  of  Hampshire  which 
he  caused  to  be  surveyed  &  laid  out  West  of  Hunstown  so  called,  & 
presented  a  Plan  thereof  to  the  said  Committee  but  it  has  so  hap- 
pened that  he  has  never  yet  had  a  Confirmation  of  it 

Therefore  Praying  that  the  said  Six  hundred  Acres  of  Land  agree- 
able to  the  original  Plan  &  survey  thereof  may  be  now  confirmed  to 
Him. 

Read  and 

Ordered,  That  the  Prayer  of  this  Pet°  be  so  far  granted  as  that 
the  Piatt  of  the  Land  exhibited  be  and  hereby  is  Confirmed  to  y® 
Petitioner  his  Heirs  &  Assigns  for  ever,  provided  the  same  does  not 
exceed  six  hundred  Acres,  &  does  not  interfere  with  any  Grant  already 
made.     [Passed  April  9. 


CHAPTER    460. 


VOTE  DIRECTING  BENJAMIN  WHITCOMB  TO  PAY  THE  MONEY  HE  TOOK 
FROM  JOSIAH  DIVAL  INTO  THE  PROVINCE  TREASURY. 


House  Jour- 
nal, p.  380. 
Mass. 
Archives, 
Ixxvi.,  448. 

Mass. 
Archives, 
Ixxvi.,  447. 
House  Jour- 
nal, pp.  380, 397. 


A  Petition  of  Benjamin  Whitcomh,  shewing  that  he  had  Captain- 
Lieutenant's  Commission  in  a  Company  under  Col.  Wliite,  in  the  late 
Expedition  against  Crown-Point,  that  he  performed  sundry  Services 
(therein  mentioned) ;  for  which  he  prays  an  Allowance. 

Read,  And 

Whereas  it  appears  to  this  Court  That  y®  Petitioner  had  a  first 
Lieu''  Commission  in  Lieu*  Col°  White's  Company,  but  not  being 
satisfied  with  Lieu''  pay  he  Released  one  Josiah  Dival  of  Lancaster 
(an  inlisted  Soldier)  from  y®  Service,  &  took  of  him  £9.6.8  to  add 
to  his  own  pay  to  make  it  equal  with  a  Cap' '  pay ;  Therefore 

Voted,  That  for  his  said  unwarrantable  proceedings  the  Petitioner 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  715 

be,  allowed  nothing  for  any  services  mentioned ;  And  That  he  be  & 
hereby  is  directed  &  Ordered  to  pay  into  the  Province  Treasury  the 
Money  which  he  so  received  of  y^  said  Soldier:  And  that  y^  Peti- 
tion be  dismissed.     [^Passed  April  11. 


CHAPTEE    461. 

ORDER   DIRECTING   THAT    NO    DEDUCTION    FOR    MISSING    ARMS    SHALL 
BE   MADE   FROM   THE   WAGES   OF   DECEASED    SOLDIERS. 

Voted  and 

Ordered  Any  Vote  or  order  of  this  Court  heretofore  passed  to  the  Legislative 
contrary  notwithstanding     That  what  ever  Soldier  who  died  in  the  couucif,  xli!",^ 

Service  of  this  Province  at  Lake  George  in  the  year  1756  or  after  he  ^ 

came  from  the  Lake  between  there  and  Albany  or  Green  Bush ;  there  House  Jour- 
shall  be  no  Stoppage  out  of  his  Wages  for  his  Arms  that  are  lost  or  X<e^  p.  645,    ' 
missing,  And  where  any  Soldier  died  in  his  way  from  Albany  home  p'^g^j'^cf^L 
&  his  Arms  are  missing,  the  Stoppage  aforesaid  shall  be  taken  off,     416. 

Provided  his  Widow,  Executor  or  Admin'^  or  other  Person  legally 
impowered  to  receive  the  Wages  make  Oath  before  any  Justice  of  the 
Peace  in  this  Province  or  the  Province  Treasurer,  That  they  know 
not  what  is  become  of  such  deceased  Soldiers  Arms,  &  that  they  have 
reason  to  think  that  said  Arms  are  lost  or  returned  to  the  Command- 
ing Officer  or  into  some  of  the  Public  Stores,  such  Certificate  to  be 
first  lodged  with  the  Treasurer  aforesaid.     \^Passed  April  11. 


CHAPTER    462. 

ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  PAY  £4  TO  SAMUEL 

PARTRIDGE. 

A  Memorial  of  Samuel  Partridge  praying  that  the  full  Wages  Legislative 
of  his  Servant  Silas  Brooks  a  Soldier  in  the  last  Crown  Point  Expe-  counc*if  xxi!'^ 
dition,  who  died  at  Lake  George  may  be  paid ;  there  having  been  four  4S4.  Mass. 
Pounds  deducted  therefrom  on  account  of  the  Gun  he  had  received,  ixxvi.l4i5. 
and  which  as  the  Petitioner  is  informed  was  returned  into  the  Store  House  Jour- 

fViovo  .  nal,pp.379, 386, 

^^®^®-  400.    Ante, 

Eead  &  p.  695,  chap. 

Ordered  That  y*  Treasurer  be  directed  to  pay  to  Israel  Williams    ^' 
Esq""  for  the  Use  of  the  Pef  the  sum  of  four  pounds  in  Considera- 
tion of  the  stoppage  made  out  y**  Wages  of  y*"  Pef'^  Servant  Silas 
Brooks  for  his  Gun's  not  being  returned.     \^Passed  April  11. 


CHAPTER    463. 

ORDER  ALLOWING  £200  TO  MOSES  EMERSON. 

A  Petition  of  Moses  Emerson  late  Commissary  of  the  Province  Legislative 
Stores  at  Albany  Setting  forth  that  in  March  1755  He  received  councff,  x^l,^ 

a  Commission  from  his  Excellency  Governor  Shirley  for  Commissary  485.  Mass. 
of  the  three  Eegiments  then  proposed  to  be  raised  by  this  Govern-  ixxvi.,  432. 


716 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  464,  465.] 


Mass. 
Archives, 
Ixxvi.,  431. 
House  Jour- 
nal, pp.  392,  414. 
Ante,  p.  513, 
chap.  458. 


ment  &  accordingly  set  out  for  Albany,  on  said  Service:  that  it  was 
afterwards  determined  to  have  a  Commissary  for  each  Eegiment,  but 
Governor  Shirley  when  at  Albany  thought  it  necessary  the  Petitioner 
should  stay  there  to  take  care  of  the  Province  Stores,  &  deliver  out 
Provisions  to  the  aforesaid  Commissaries,  That  he  performed  the 
Service  which  was  attended  with  no  perquisites  &  that  in  April  1756 
the  General  Court  made  him  a  Grant  of  Three  hundred  Pounds. 
That  He  performed  the  like  Service  at  the  desire  of  the  Committee 
of  War  in  175G  though  much  against  his  inclination,  for  which  he 
prays  an  allowance. 

Eead  and 

Ordered,  That  there  be  allowed  &  paid  out  of  the  public  Treas- 
ury to  the  Petitioner  the  sum  of  two  hundred  Pounds  in  Addition 
to  what  he  has  Already  received  in  full  Consideration  for  his  Ser- 
vices as  Commissary  as  Mentioned.     \^Passed  April  11. 


CHAPTEE    464. 


VOTE  ALLOWING  THE  ACCOUNT  OF  TIMOTHY  COLTON. 


LeglBlative 
Records  of  the 
Council,  xxi., 

485.    Mass. 
Archives, 
Ixxvi.,  650. 

House  .Jour- 
nal, p.  408. 


Whereas  It  Appears  by  Certificate  from  Gideon  Mirick  L'  of 
the  Comp*  lately  Command"!  by  Cap'  Eben'  Moulton  That  Tim° 
Colton  Dec"!  who  was  a  Soldier  in  that  Comp^  took  up  Nothing  at 
y^  Charge  of  the  Province  in  his  return  from  y^  Camp  excepting 
Two  Meals  of  Victuals 

Therefore 

Voted,  That  y*  Treas'  pay  to  Tim°  Colton  Father  of  said  Dec'^ 
what  s*!  Tim°  T>ec^  is  allow"!  on  s"!  Cap'  Moulton's  Roll  for  billetting 
in  his  s*!  return  deducting  one  shilling  Lawfull  Money  only  y""  former 
Orders  of  y^  Court  notwithstanding.     [Passed  April  11. 


CHAPTEK    465. 


ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  PAY  SAMUEL 
ATWOOD,  ROBERT  CLAFFLIN,  JR,  AND  SAMUEL  CHURCH  THEIR 
WAGES    IN    FULL. 


Legislative 
Records  of  the 
Council,  xxi., 
486.    Mass. 
Archives, 
Ixxvi.,  620. 

Mass. 
Archives, 
Ixxvi.,  520. 
House  Jour- 
nal, p.  400. 
Ante,  p.  645, 
chap.  286; 
p.  695,  chap. 
416. 


A  Petition  of  Samuel  Atwood  &  Robert  Claffin  Jun'^  Soldiers  in 
the  late  Crown  Point  Expedition  Setting  forth  That  being  not 
well  upon  their  return,  &  scarcely  able  to  travel  they  lodged  their 
Arms  at  the  Half  Moon  &  praying  that  they  may  receive  their 
Wages  without  any  deduction  on  account  of  said  Arms. 

Read  and 

Ordered,  That  y®  Treasurer  be  directed  to  pay  to  the  Petitioners, 
Also  to  y®  person  Who  has  a  right  to  receive  y^  Wages  of  y®  Said 
Samuel  Church,'  the  full  of  their  Wages  respectively.  [Passed 
April  11. 

'  Another  soldier  mentioned  in  the  above  petition  who  served  in  Col°  Ruggles'  regiment. 


[5th  Sess.]     Province  Laws  (^ResolveSy  etc.).  — 1756-57.  717 


CHAPTER    466. 

ORDER   IMPOWERING    SAM^  JUDD,  ADM^,  TO    SELL    REAL    ESTATE    AND 
MAKING   PROVISION   IN   REGARD    TO   THE   PROCEEDS. 

A  Petition  of  Samuel  Judd  2*^"^  of  Northampton  in  the  County  Legislative 
of  Hampshire  Administrator  on  the  Estate  of  Ensign  Asahael  Judd  councu  xii!"^ 

late  of  South  Hadley  in  said  County  deceased  Setting  forth         That  ^j^s.       ^ 

said  Asahael  died  seized  &  possessed  of  twenty  four  Acres  of  Land  HouBe  Jour- 
in  South  Hadley  with  a  new  frame  of  an  House  covered,  &  an  old  province  ' 
Barn  thereon.  That  the  deceaseds  debts  appear  already  to  be  near  ^ifaT'io''  ^^^' 
equal  to  the  apprized  value  of  his  personal  Estate,  &  more  small 
debts  daily  appear.  And  as  the  Deceased  has  left  a  Widow  &  two 
young  Children,  &  the  said  House  is  in  no  measure  tenantable:  the 
said  Samuel  prays  that  he  may  have  liberty  to  dispose  of  the  de- 
ceased's Eeal  Estate  for  the  payment  of  his  debts,  &  the  benefit  of 
his  Family 

Eead  & 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted,  as 
that  the  Petitioner  in  his  said  Capacity  of  Administrator  be  & 
hereby  is  impowered  to  make  sale  of  the  Real  Estate  of  the  said 
Asahael  Judd  lying  in  South  Hadley  to  the  highest  Bidder,  &  to 
pass  &  execute  a  good  &  authen[t]ic  deed  or  deeds  in  the  Law  for 
conveying  the  same,  he  observing  the  directions  of  the  Law  relat- 
ing to  the  Sale  of  Real  Estates  by  Executors,  &  Administrators,  & 
the  Proceeds  thereof  to  be  applied  to  the  best  Advantage  for  the 
use  of  the  Widow  &  Children  of  the  said  Asahael  viz*^  The  Widow 
to  have  one  third  part  of  the  Improvement  of  the  Money  arising 
by  the  Sale  of  the  said  Real  Estate  during  her  natural  Life,  the 
other  two  thirds  thereof  to  be  improved  at  interest  for  the  use  of 
the  Children  'till  they  shall  come  of  age,  &  at  the  decease  of  the 
said  Widow,  the  third  improved  by  her,  or  what  she  shall  leave 
shall  be  to  the  use  of  the  Children.  And  that  the  Petitioner  give 
sufficient  caution  to  the  Judge  of  Probate  for  the  County  of  Hamp- 
shire for  the  faithful  performance  hereof.     \Passed  April  11. 


CHAPTER    467. 

ORDER  TO  EXAMINE  INTO   CHARGES  AGAINST  CAPf  JOHN  WRIGHT, 

It  being  suggested  to  the  House  that  Capt''  John  Wright  late  Legislative 
Commander  of  Fort  Hallifax  in  making  up  the  Pay  Roll  of  the  ^^li^ cu"  xli*!® 

Officers  and  Soldiers  belonging  to  the  Garrison  there  was  guilty  of  ^^ ^ 

many  Frauds  against  the  Government  therein  Therefore  Legislative 

Ordered  That  the  Committee  on  Frauds  be  directed  forthwith  councif,  xxi.f 
■  to  make  inquiry  into  the  Facts  and  report  thereon  in  order  that  jg^^rnai  ^'^"^^ 
a  Stoppage  maybe  made  out  of  the  said  Capt°  Wrights  Pay  on  pp.3i6,4i9. 
his  Muster  Roll  in  the  late  Crown  Point  Expedition.     {^Passed 
April  11. 


718 


Province  Laws  {Resolves, etc.).  — 1756-57.  [Chaps.  468-470.] 


CHAPTEK    468. 


Legislative 
RecordB  of  the 
Coun(^ll,  xxi., 
488.     Mass. 
Archives, 
Ixxvi.,  561. 

Mass. 
Archives, 
Ixxvi.,  559. 
House  Jour- 
nal, pp.  402, 416. 
Ante,  p.  44S, 
Chap.  299. 


ORDER  ALLOWING  40/   TO   LAWRENCE   CLARK. 

A  Petition  of  Lawrence  Clark  of  Ipswich  Setting  forth  that  He 
was  a  Soldier  in  the  Crown  Point  Expedition  in  1755,  and  likewise 
in  the  Year  1756,  by  which  last  Service  he  is  intitled  to  half  pay 
from  17  Dec^  1755  to  18  March  1756,  but  that  through  Mistake  the 
same  was  omitted  in  the  Muster  Roll  And  therefore  praying  for 
Releif  from  this  Court. 

Read  & 

Ordered,  That  there  be  allowed  &  paid  out  of  y*  public  Treasury 
to  M''  Daniel  Staniford  for  y^  use  of  the  Pef  y*"  sum  of  forty  Shil- 
lings, in  Consideration  of  y*"  half  pay  he  was  intitled  to  on  his  engag- 
ing in  y''  Service  against  Crown  point  y"  last  year,  being  omitted  in 
the  Muster  Roll  of  Cap'  Gideon  Parker's  Company.    \^Passed  April  11. 


CHAPTEK    469. 


ORDER  ALLOWING  £3  TO  JOSEPH  DARLING  AND  £3  TO  SETH  KINGMAN. 


Legislative 
Records  of  the 
Council,  xxi., 
488.    Mass. 
Archives, 
Ixxvi.,  558. 

Mass. 
Archives, 
Ixxvi.,  557. 
House  Jour- 
nal, p.  416. 
Ante,  p.  448, 
chap.  299. 


A  Petition  of  Daniel  Howard  of  Bridgewater  Esq''  in  behalf  of 
Joseph  Darling  &  Seth  Kingman  Soldiers  in  the  Crown  Point  Ex- 
peditions in  the  years  1755  &  1756  Setting  forth  that  the  half  Pay 
to  which  they  were  intitled  was  omitted  in  the  Muster  Roll  There- 
fore praying  Releif  from  this  Court. 

Read  & 

Ordered,  That  there  be  allowed  &  paid  out  of  y^  public  Treas- 
ury to  Daniel  Howard  Esq'  for  the  use  of  Joseph  Darling  &  Seth 
Kingman  three  pounds  each,  in  Consideration  of  y^  half  pay  they 
were  intitled  to  on  y""  entering  into  y^  service  on  y^  last  Crown  point 
Exped"  being  omitted  in  y^  muster  Roll  of  Cap'  John  Clap's  Com- 
pany.    \^Passed  April  11. 


CHAPTEK    470. 


ORDER  GRANTING    TO    CAP^  EDMUND    BEMIS    LEAVE    TO    RECTIFY    A 
MISTAKE  IN  HIS  MUSTER  ROLL. 


Legislative 
Records  of  the 
Council,  xxi., 
488.     Mass. 
Archives, 
Ixxvi.,  625. 

Mass. 
Archives, 
Ixxvi.,  625. 
House  Jour- 
nal, pp.399, 415. 


A  Petition  of  Edmund  Bemis,  a  Capt°  in  the  late  Crown  Point 
Expedition  Setting  forth  that  one  Benjamin  Wood  a  Soldier 

in  his  Company  is  through  his  Mistake  charged  with  a  Gun  in  the 
Muster  Roll,  when  in  fact  the  said  Benj^  found  his  own  Gun  There- 
fore praying  that  he  may  have  liberty  to  rectify  the  said  Mistake. 

Read  And 

Ordered,  That  y*  Petitioner  have  leave  to  rectify  the  Mistake  in 
his  Muster  Roll  mentioned  That  so  the  said  Benjamin  may  draw  his 
full  wages.     [Passed  April  11. 


[5th  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1756-57.  '        719 


CHAPTER    471. 

ORDER  ALLOWING   £4  TO   EUNICE   THOMAS. 

A  Petition  of  Eunice  Thomas  of  Eeading     Setting  forth  that  ^^f^^,{^f Jft^e 
her  late  Husband  Edward  Thomas  a  Soldier  in  the  Crown  Point  councu,  xxi., 
Expedition  the  last  year  died  at  the  Half  Moon  none  of  the  Officers  f  rchiveT" 
of  the  Company  being  there  at  that  time  by  which  means  her  said  ixxvi.,  ssi. 
Husbands  Cloaths  are  lost  as  well  as  his  Gun  Therefore  praying  She  ^^^^j^^^ 
may  be  allowed  the  money  that  was  Stopped  out  of  his  Pay  on  account  ixxvi.,5'80. 

»        •  1   ri    „  House  Jour- 

Of    said  LrUn.  nal,pp.399,416. 

Eead  &  ^'^'e,  p.^695, 

Ordered^  That  the  Treasurer  be  &  he  hereby  is  directed  to  pay  to     '^' 
W  [John]  '  Temple  for  the  use  of  y'  Petitioner,  y''  sum  of  four  pounds, 
being  what  was  Stopped  out  of  his  Wages  of  the  said  Edward  Thomas 
on  Acc°  of  his  Arms  not  being  returned.      \^Passed  April  11. 


CHAPTER    472. 

ORDER   ALLOWING   £3   TO   WILLIAM   PELL. 

A  Petition  of  William  Pell     Setting  forth  that  He  was  a  Sol-  ^|f^«XJf  the 

dier  in  the  Crown  Point  Expeditions  in  1755  &  1756,  &  was  thereby  Council, xxi., 

intitled  to  Half  Pay  from  the  time  he  was  discharged  from  the  first  f rciii^es?' 

Expedition  to  his  engaging  in  the  Second,  but  that  he  has  received  ixxvi.,  504. 

Nothing  on  that  Account     Therefore  praying  for  Releif.  House  Jour- 

o  i-      -I      ^  nal,  p.  416. 

Kead  cit  AnU,  p.  448, 

Ordered,  that  there  be  allowed  &  paid  out  of  y«  Public  Treasurer  •^'^^p-  '^^^• 
to  M'  Benj^  Hills  for  y'^  use  of  y°  Petitioner  the  sum  of  three  pounds 
in  Consideration  of  the  half  pay  he  was  intitled  to,  being  omitted 
in  y^  Muster  of  y"  Company  he  belonged  to.      \Passed  April  11. 


CHAPTER    473. 

ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  PAY  THOMAS  FAXON 
THE   WAGES   OF   HIS   SERVANT. 

A  Petition  of  Thomas  Faxon  of  Braintree     Setting  forth  that  Legislative 
his   Servant  Jonathan   Bishop,  inlisted  in  the  last   Crown   Point  council,  xxi., 
Expedition  as  a  Soldier,  &  that  the  Petitioner  equipped  his  said  ^rchi^es?' 
Servant  at  a  considerable  Expence;  but  the  said  Bishop  not  being  ixxvi.,  524. 
entered  on  the  Muster  Eoll  as  a  Servant,  the  Petitioner  cannot  draw  Mass. 
his  Wages     Therefore  praying  the  Aid  of  this  Court.  i^^vLyils. 

Read  and  ?aTfn'^ir'ift« 

Till         I'T'iT  nai,  pp.  4OZ,  408. 

Ordered.,  That  the  Treasurer  be  &  he  hereby  is  directed  to  pay 
to  y^  Petitioner  the  wages  of  his  said  servant  Jonathan  Bishop,  as 
made  up  in  Cap*'  Blake's  Muster  Roll.     {Passed  April  11. 

*  Inserted  from  the  House  Journal,  p.  416. 


720 


Province  Laws  (Besolves, etc.).  — 1756-57.  [Chaps.  474-476.] 


CHAPTEK    474. 


Legislative 
Records  of  tlie 
Council,  xxi., 
490.    Mass. 
Archives, 
Ixxvi.,  579. 

House  Jour- 
nal, pp.  399, 415. 


ORDER    DIRECTING    THE    PROVINCE    TREASURER    TO    PAY    ELIZABETH 
PHILLIPS   THE   FULL   WAGES   OF   HER  DECEASED   HUSBAND. 

A  Petition  of  Elisabeth  Phillips  of  Maiden  Widow  of  James 
Phillips  Setting  forth  that  her  said  Husband  was  a  Soldier  in  the 
Crown  Point  Expedition  in  1756  &  died  at  Lake  George,  that  she 
can  give  no  account  what  is  become  of  the  deceaseds  Gun,  and 
therefore  prays  the  compassionate  consideration  of  the  Court. 

Read  and 

Ordered,  That  the  Treasurer  be  &  he  hereby  is  directed  to  pay 
to  M'  Benjamin  Hills  for  the  use  of  y^  Petitioner  y^  full  Wages 
due  to  her  late  Husband.     [Passed  April  11. 


Legislative 
Records  of  the 
Council,  xxi., 
490.    Mass. 
Archives, 
Ixxvi.,  460. 

Mass. 
Archives, 
Ixxvi.,  459. 
House  Jour- 
nal, pp.  379, 416. 


CHAPTEE    475. 


ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  PAY  40/   TO    ISAAC 
ALLEN  AND   ALSO   THE   WAGES  DUE   HIS  SERVANT. 

A  Petition  of  Isaac  Allen  of  Glocester  Setting  forth  That  his 
Servant  David  Riggs  was  a  Soldier  in  the  Crown  Point  Expedition 
in  1755,  &  afterwards  inlisted  to  stay  the  Winter  at  the  Forts  at 
or  near  Lake  George  where  he  died  That  the  Petitioner  furnished 
him  with  a  good  Gun  which  has  not  been  returned,  nor  has  he 
received  the  Wages  of  his  s*^  Servant  Therefore  Praying  the  con- 
sideration of  this  Court  &  an  Order  for  what  may  be  due. 

Read  and 

Ordered,  That  the  Treasurer  be  and  he  hereby  is  directed  to 
pay  to  William  Stevens  Esq""  for  y®  use  of  y*"  Petitioner  the  sum 
of  forty  Shillings  for  y®  loss  of  y"  Gun  Mentioned,  also  y''  sum  due 
to  the  Petitioner  for  wages  of  his  said  serv*  Dan^  *  Riggs  as  made 
up  in  the  Muster  Roll  of  y^  Comp'*  to  which  he  belonged.  [Passed 
April  11. 


CHAPTER    476. 


ORDER  ALLOWING   £4.  0.  10   TO  DANIEL  GIDDINGS. 


Legislative 
Records  of  the 
Council,  xxi., 
490. 

House  Jour- 
nal, pp.  325, 416. 


A  Petition  of  Daniel  Giddings  of  Ipswich  Inholder  Praying  an 
Allowance  for  billeting  Soldiers  sent  to  his  House  by  Thomas  Berry 
Esq""  CoP  of  the  Regiment  there. 

Read  And 

Ordered  That  there  be  allowed  and  paid  out  of  the  Public  Treas- 
ury to  M""  Daniel  Stamford  for  the  use  of  the  Petitioner  the  Sum 
of  Four  Pounds  &  ten  pence  in  full  discharge  of  the  Accounts  of  • 
billeting  Soldiers  in  the  Years  1755  &  1756,  exhibited.     [Passed 
April  11. 

1  The  House  Journal,  p.  416,  reads,  "David," 


[5th  Sess.]     Province  Laws  (Besolves^  etc.).  — 1756-57.  721 


CHAPTEK    477. 

RESOLVE   AUTHORIZING    EDWARD    HOLIDAY    TO    COLLECT    TAXES    IN 

BOSTON. 

A  Petition  of  Thomas  Downe  of  Boston     Setting  forth  that  he  Legislative 
was  Collector  of  the  Taxes  within  the  Town  of  Boston  from  1750  goSxii!!*' 
to  1755  inclusive;  that  notwithstanding  his  utmost  care  and  dili-  ^^^-^J^^^^-^^^^ 
gence  in  collecting  there  are  sundry  Sums,  amounting  to  something  qqb. 
considerable  still  outstanding,  &  due  to  him:  &  he  being  in  a  low  Mass. 
state  of  health  &  unable  to  collect  the  Same;     Prays  that  M""  Edw<i  ^s^'^'houbT'' 
Holiday  may  be  impowered  to  collect  &  receive  all  such  outstand-  '^^^^^jf^^Qg 
ing  Taxes  due  to  the  Petitioner  as  aforesaid. 

Bead  & 

Resolved,  That  the  said  Edward  Holiday  be,  And  he  is  hereby 
Authorized  to  Collect  y^  Taxes  committed  to  y'^  said  Thomas  Downe 
to  be  collected  of  y^  said  Inhabitants  of  the  Town  of  Boston  from 
the  Year  1750  to  y^  Year  1755.  inclusively  of  both  said  Years,  which 
are  outstanding  &  unpaid.  And  the  said  Edward  Holiday  is  hereby 
vested  with  y''  same  Authority  to  said  purposes,  as  the  said  Thomas 
Downe  has  who  shall  be  Accountable  for  the  said  Holiday's  doings 
herein.     \^Passed  April  11. 


CHAPTEK    478. 

ORDER  DIRECTING  THE  PROSECUTION  OF  PERSONS  IN  POSSESSION  OF 

PROVINCE  ARMS. 

Ordered,  That  the  several  Gentlemen  who  were  directed  to  receive  Legislative 
&  transmitt  to  the  Commissary  General  the  Arms  belonging  to  this  coundf,  xxi!!* 
Province  in  their  respective  Counties  by  an  Order  passed  this  Court  49i    Mass. 

A-rcnivcs 

the  27^''  of  January  last,  be  also  directed  to  prosecute  all  persons  ixxvi.,  659. 
within  said  Limitts  that  they  may  come  to  the  knowledge  of,  who  House  Jour- 
are  still  possessed  of  any  of  said  Arms  or  of  those  belonging  to  his  pro'^^cef^'*"^' 
Majesty,  &  to  take  Care  that  the  Law  passed  in  the  27""  year  of  his  Laws, iii.,  734, 
present  Majesty's  Reign,  intituled  an  Act  for  levying  Soldiers  &c,  p.652,  ciiap."  *' 
so  far  as  it  respects  the  purchasing  or  Selling  of  Soldiers  Arms  be  ^^^' 
put  in  Execution.     {^Passed  April  11. 


CHAPTEK    479. 


ORDER  DIRECTING  TIMOTHY  PAINE,  ESQ«,  TO  PROSECUTE    PERSONS  IN  Legislative 

THE   COUNTY   OF   WORCESTER  IN   POSSESSION   OF   PROVINCE   ARMS.       Records  of  the 

Council,  xxl., 
491. 

Ordered  that  Timothy  Paine  Esq""  be  directed  to  prosecute  all  House  Jour- 
persons  in  the  County  of  Worcester,  who  are  possessed  of  Arms  pro^n^"''**'^' 
belonging  to  his  Majesty  or  to  this  Province,  that  he  shall  come  to  Laws,  m.,  734, 
the  knowledge  of  agreeable  to  the  Law  made  &  passed  in  the  27  7n/ra*Jiiap. 
year  of  his  present  Majesty's  Reign  intituled  an  Act  for  levying  *^'^- 
Soldiers  &*=.     \Pa8sed  April  11. 


722 


Province  IjKVf^  {Resolves,  etc.).  — 1756-57.  [Chaps.  480-482.] 


Legislative 
Records  of  the 
Council,  xxi., 

491. 

House  Jour- 
nal, p.  399. 
Province 
Laws,  iii.,  734, 
chap.  41. 
Supra,  chap. 
479. 


CHAPTEK    480. 

ORDER  DIRECTING  JOHN  WORTHINGTON,  ESQ^^,  TO  PROSECUTE  PERSONS 
IN  THE  COUNTY  OF  HAMPSHIRE  IN  POSSESSION  OF  PROVINCE  ARMS. 

Ordered  that  Colonel  Worthington  be  directed  to  prosecute  all 
persons  in  the  County  of  Hampshire  who  are  possessed  of  Arms 
belonging  to  his  Majesty  or  to  this  Province,  that  he  shall  come  to 
the  knowledge  of  agreeable  to  the  Act  passed  in  the  27  Year  of  his 
present  Majesty's  Eeign,  intituled  an  Act  for  levying  Soldiers  &°. 
[Passed  April  11. 


CHAPTEK    481. 


Legislative 
Records  of  the 
Council,  xxi., 
492. 

Mass. 
Archives, 
Ixxvi.,  145,  235, 
253,  276, 382, 398, 
416.    House 
Journal,  p.  409. 


ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered  That  there  be  allowed  &  paid  out  of  the  Public  Treasury 
to  Joseph  Gerrish  Esq''  for  the  use  of  Joseph  Sloss  Ten  Pounds,  & 
for  the  use  of  Abner  Dole  thirty  shillings:  to  Israel  Williams  Esq"" 
for  the  use  of  Joel  Dickinson  twelve  shillings,  to  William  Lawrence 
Esq''  for  the  use  of  John  Scott  three  Pounds  three  shillings :  to  Capf" 
James  Barrett  for  the  Use  of  Ephraim  Stow  Eight  Pounds  To  John 
Murray  Esq""  for  the  use  of  Ephraim  Church  four  Pounds  two  shil- 
lings; &  to  Eichard  Dexter  twenty  shillings  &  eight  pence.  In  con- 
sideration of  their  Sufferings  &  expences  in  their  respective  Petitions 
mentioned  on  the  first  Crown  Point  Expedition.    [Passed  April  11. 


CHAPTEE    482. 


Legislative 
Records  of  the 
Council,  xxi., 
492. 

Mass. 
Archives, 
Ixxvi.,  271, 
402,418,419,449, 
450,462,598,633. 
House  Jour- 
nal, p.  409. 


ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered  That  there  be  allowed  &  paid  out  of  the  Public  Treas- 
ury to  M''  Elijah  Porter  for  the  use  of  Jonathan  Bisby  the  Sum 
of  twelve  Pounds  seven  shillings  &  threepence,  to  M''  Benj'*  Hills 
for  the  use  of  John  Maney  fifty  five  shillings ;  tg  M""  Eliphalet  Whit- 
ing for  the  use  of  Benj^  Moore  Six  Pounds  nineteen  shillings  &  eight 
pence  to  M'  Ebenezer  Barker  for  the  use  of  Jonathan  Griffin  forty 
six  shillings  &  eight  Pence ;  to  Isaac  Merrill  Esq"' for  the  use  of  Thomas 
Clarke  forty  one  shillings  &  six  pence  to  M""  Gideon  Lyman  for  the 
use  of  Herman  Pomroy  twenty  four  shillings,  &  for  the  use  of  John 
Lyman  three  Pounds  eleven  shillings  &  four  pence  to  William  Law- 
rence Esq""  for  the  use  of  Eichard  Harrington  forty  six  shillings ;  to 
M""  Amos  Fuller  for  the  use  of  Jacob  Stowell  forty  two  shillings;  to 
William  Eichardson  Esq"'  for  the  use  of  Thomas  Eoss  three  pounds 
sixteen  shillings  &  eight  pence  to  Thomas  Foster  Esq''  for  the  Use 
of  Amaziah  Delano  fifteen  &  eight  Pence,'  &  to  M'  Thomas  Morey 
for  the  use  of  Lydia  Winchell  five  pounds  eighteen  shillings  &  five 
pence  in  consideration  of  the  Sufferings  &  Expences  in  their  Peti- 
tions respectively  mentioned  on  the  last  Crown  Point  Expedition. 
[Passed  April  11. 

»  The  House  Journal,  p.  409,  reads,  I5s.  8d. 


[5th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1756-57.  723 

CHAPTEK    483. 

ORDER  IMPOWERING  ANNA  McALLISTER,  ADM-^,  TO  DELIVER  UP  DEEDS. 

A  Petition  of  John  M'=Allister  &  Anna  M'^Allister  both  of  West-  ^If^^^^f^f^^tjg 
borough  in  the  County  of  Worcester     Setting  forth  that  the  said  council, xxi., 
John  did  in  consideration  of  his  great  Age  in  the  year  1750  make  frchiv^^s?xix., 
a  Settlement  of  his  Estate,  giving  his  Son  John  by  deed  one  half  5i9. 
of  his  real  Estate  &  Stock,  &  selling  to  him  the  other  half  in  con-  Mass. 
sideration  of  the  Sum  of  £146.13.4  payable  within  seven  years  of  sn^sis.^^kouse 
John  the  Petitioners  decease  as  he  should  will  or  order;  his  said  pp"38^_\2i. 
Son  further  obliging  himself  to  render  to  the  Petitioner  &  his  Wife 
if  she  should  survive,  one  half  of  the  Produce  of  the  Whole,  & 
mortgaging  the  Whole  of  the  Eeal  Estate  as  Security  for  payment 
of  said  Money  &  fulfilling  said  Conditions,  But  that  the  said  John 
the  Son  died  about  a  year  ago;  &  that  were  the  Estate  to  be  rented 
out  to  tenants  it  might  prove  greatly  prejudicial  to  the  said  John  & 
the  other  Petitioner  Anna,  Widow  of  the  deceased.  They  have  there- 
fore by  the  advice  of  Friends  come  to  an  Agreement  as  herewith 
presented.  And  therefore  pray  that  said  Agreement  may  be  estab- 
lished, and  that  the  writings  above  referred  to  may  be  cancell'd  as 
none  of  them  are  upon  Eecord. 

Read  and 

Ordered  that  the  prayer  of  the  petition  be  granted ;  &  in  as  much 
as  the  Deeds  given  by  the  petitioner  John  to  his  Dec'^  Son  is  not 
fully  Executed,  that  the  petitioner  Anna  Adm^  on  the  Estate  of 
the  s*^  John  McAllister  Dec<^  deliver  up  the  same  to  the  petitioner 
John  he  Cancalling,'  and  Delivring  hir  the  Bonds  Mentioned  in 
the  Petition  parable  '  for  146.13.4  and  giving  hir  good  seurity '  for 
the  payment  of  forty  pounds  Lawfull  mony  at  three  annual!  pay- 
ments from  and  after  the  15:  day  of  March  Last  with  Lawfull  In- 
terist  for  Each  payment  from  the  fifteenth  Day  of  September  next 
the  said  Anna  first  giving  sufficiant  seurity '  to  the  Judge  of  Pro- 
betis  '  for  the  County  of  Worcester  for  accounting  for  said  Sum  of 
forty  pounds  and  that  the  said  Anna  have  Reserved  to  hir  so  much 
of  the  New  house  so  Called  where  she  now  Dwells  as  may  be  need- 
full  for  hir  and  hir  Children.     {^Passed  April  12. 


CHAPTEE    484. 


VOTE    ALLOWING    CHARLES    MIUS    AND    FAMILY    TO    CONTINUE    AT 

MARSHFIELD. 

Whereas  there  was  a  vote  or  order  of  this  Court  Passed  y«  9*  ^^f^^'^^^^^ti^e 
f eb''  last :  Directing  the  select  men  of  Plymouth  to  Remove  Charles  councu,  xxi., 
muse  &  family  some  of  the  Neutral  french  from  y«  Town  of  Plym-  frchiveT" 
outh  To  the  Town  of  wareham,  but  the  said  Charles  muse  &  family  xxiii-.asi. 
being  desirous  of  being  Removed  to  marshfeild  &  there  appearing  House  Jour- 
m'  Nathaniel  Ray  Thomas  Ready  to  Receive  them  &  Give  bond  of  province ' 
two  hundred  Pound  Lawfull  money  to  save  the  Province  from  any  ^^^^''^Antl^^' 
Charge  on  s**  Charles  &  family  &  The  select  men  of  said  Plymouth  ^^ees.ciiap! 
having  Removed  them  to  marshfeild  &  took  a  bond  to  y®  Province      * 
Treasu''  for  y^  sum  of  two  hundred  pounds  to  save  the  Province 
from  Charges  on  ace"  of  said  family. 

1  Sic. 


724 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  485,  486.] 


Voted  that  said  Charles  muse  &  family  be  Continud  in  said  Town 
of  marshfeild  any  Order  or  Resolve  of  this  Court  to  the  Contrary 
notwithstanding  &  that  Thomas  Foster  Esq'  be  directed  to  deliver 
said  Bond  to  the  Province  Treasurer.     \_Passed  April  12. 


CHAPTER    485 


Legislative 
Records  of  the 
Council,  xxi., 
494.    Mass. 
Archives,  xiv., 
17^ 

Mass. 

Archives,  xiv., 
15.   House 
Journal, 
pp.  420, 421. 


ORDER  ON  THE  PETITION  OF    REV  M»  THO^   PRINCE    IN    REGARD    TO 
DIVISION  OF  LANDS. 

A  Petition  of  the  Rev"^  M''  Thomas  Prince  of  Boston  Setting 
forth  that  He  together  with  the  other  Heirs  of  the  Rev*^  M'  Nathan 
Prince  preferred  a  Petition  to  the  Superior  Court  in  1755  pray- 
ing for  partition  of  certain  Lauds  the  Estate  of  the  deceased  in 
the  County  of  Worcester,  who  accordingly  appointed  five  sufficient 
Freeholders  according  to  Law,  whereof  John  Murray  Esq""  was  one : 
that  on  the  day  appointed  for  the  business  the  said  Murray  was 
unable  to  attend,  and  the  other  four  Proceeded  upon  it,  &  returned 
a  division  to  the  acceptance  of  the  Parties  concerned,  which  return 
was  not  accepted  by  the  Court  because  the  said  Murray  was  not 
sworn  with  the  other  apprizers  And  Praying  that  the  said 

Court  may  be  enabled  to  accept  of  said  Report,  &  order  it  to  be 
recorded  if  they  see  fit,  such  defect  Notwithstanding. 

Read  And 

Ordered,  That  the  Prayer  of  this  Petition  be  so  far  granted  as  that 
the  Justices  of  the  Superior  Court  be  and  they  hereby  are  impow- 
ered  to  take  the  return  of  the  Division  of  Lands  therein  Mentioned 
under  Consideration  And  if  it  appears  to  them  just  &  reasonable 
that  they  Accept  it  &  order  the  same  to  be  recorded  which  shall  be 
good  &  valid  in  the  Law,  the  Non  Attendance  of  One  of  the  Com- 
mittee appointed  for  the  division  therein  Mentioned  Notwithstand- 
ing.    [Passed  April  12. 


CHAPTER    486. 


Legislative 
Records  of  the 
Council,  xxi., 
495.    Mass. 
Archives, 
xliv.,  362. 

Mass. 
Archives, 
xliv.,  360. 
House  Jour- 
nal, pp.  419,  420. 
Province 
Laws,  ill.,  714, 
chap.  23. 


ORDER  ALLOWING  THE  ACCOUNT  OF  JAMES  DAVENPORT. 

A  Petition  of  James  Davenport  of  Boston,  Setting  forth  That 
in  the  Year  1739  He  was  appointed  a  Coroner,  that  in  1753  An  Act 
passed  the  Great  &  General  Court  requiring  all  Persons  in  Office  to 
take  an  Oath  respecting  the  Bills  of  Credit  of  some  of  the  neigh- 
bouring Governments;  That  the  Petitioner  being  ill  did  not  take 
said  Oath  in  season.  That  in  1756  He  was  called  to  take  an  Inqui- 
sition on  the  body  of  one  Nicholas  Dyer  a  Stranger  the  charge  of 
which  amounted  to  £2.6.6  more  than  his  cloathing,  &  all  other  his 
Effects  amounted  to,  but  He  the  said  James  not  having  taken  the 
said  Oath  in  1753,  although  he  had  afterwards  done  it,  his  account 
was  not  allowed  by  the  Sessions     therefore  Praying  Releif . 

Read  and 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted,  as 
that  the  Court  of  General  sessions  of  the  peace  for  y^  County  of 
Suffolk  are  hereby  impowered  to  direct  y^  Treasurer  of  s*^  County 


[5th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1756-57.  725 

to  pay  said  Davenport  the  reasonable  Charge  he  was  at  in  y*"  inqui- 
sition referred  to,  the  omission  of  taking  y^  oath  in  proper  Season 
notwithstanding,     \^Passed  April  12. 


CHAPTER    487. 

RESOLVE  IN  REGARD  TO  FARMERS  OF  EXCISE. 

Whereas  In  the  Act  Entitled  an  Act  for  granting  unto  His  Maj®''  Legislative 
an  Excise  upon  Spirits  distilled  and  Wine  and  upon  Limes  Lemmons  councif,  xxlf 
and  Oranges  which  Conmenced  March  26  1756  It  is  among  other  ArcWves^^cxx 
things  Enacted  That  "To  every  Person  Licenced  by  the  Sessions  i82. 
and  to  every  Person  having  Permitt  as  aforesaid  The  said  Farmer  House  Jour- 
or  his  Deputy  (when  said  Persons  shall  Ace'  with  them)  shall  give  provmct^*'*^^' 
two  receipts  under  their  hand  for  what  each  of  them  respectively  ^jf^%i"-A.,Q^*' 
have  recieved  either  as  Duty  or  as  Forfieture  or  in  any  other  way,  chap.  37'.  ' ' 
and  said  Eeceipts  shall  express  the  true  and  just  sums  reed  and  the 
Consideration  for  which  it  was  rec'd  and  one  of  the  s*^  Eec^^  shall 
be  Lodgd  within  One  Month  after  the  Date  thereof  by  each  person 
respectively  to  whom  said  Rect'^  shall  be  given  with  the  Clerk  of 
the  sessions  for  the  County  wherein  such  Person  lives  on  penalty 
of  forty  Shillings  and  of  being  rendred  incapable  of  renewing  his 
or  her  Licence  or  Permitt  for  the  future,  and  the  Clerk  afores*^ 
Shall  transmitt  a  true  and  fair  Copy  of  the  rec*^  that  shall  be  so 
lodged  with  him  to  the  sec''^  of  this  Province  who  shall  lay  the 
same  before  this  Court.  &c  And  It  being  Represented  to  this 

Court  that  the  time  Limited  in  the  aforesaid  said '  Paragraph  for 
the  Lodging  the  said  Receipts  in  the  Office  of  the  Clerk  of  the 
sessions  of  the  Peace,  within  One  Month  from  the  Expiration  of 
said  Act  (which  was  the  26"*  of  March  last)  will  be  impracticable 
Therefore 

Resolved  that  the  several  Persons  Oblig'd  in  the  Act  to  lodge 
such  receits  at  that  time  Shall  be  allowed  till  the  26**^  of  May  next 
to  lodge  such  receipts 

The  time  in  said  Paragraph  mentioned  notwithstanding  And  that 
this  Resolve  be  inserted  in  the  publick  Prints.     \^Passed  April  12. 


CHAPTER    488. 

ORDER  DIRECTING   THE    ENLISTMENT    OF    TEN    OF    THE    INHABITANTS 
OF  MEDUMCOOK  INTO  THE   SERVICE. 

A  Petition  of  Joshua  Bradford  in  behalf  of  himself  And  Others,  Legislative 
Inhabitants  of  Medumcook  Setting  forth  their  Exposed  State,  &  councn!  xxK® 
praying  for  Protection.  496.  Maes. 

T>      J         J  Archives, 

Read  and  cxvii.,280. 

Ordered,  That  Ten  of  the  Inhabitants  of  Medumcook  be  put  into  Mass.  ' 

y*  pay  &  Subsistence  of  the  Government  Alternately  under  the  Care  ^^^l^j^^ff^ 
of  a  Serjeant  agreeable  to  the  Establishment  for  Defence  of  y®  Eastern  House  Joiir- 
&  Western  Frontiers.     [Passed  April  12.  fltlv^m, 

chap.  448. 
1  Sic. 


726 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  489-491.] 


CHAPTEE    489. 


ORDER  ALLOWING  MILES  WHIT  WORTH  PAY  AS  A  CHIRURGEON. 


Legislative 
Records  of  the 
Council,  xxl., 
497.    Mass. 
Archives, 
Ixxvi.,  630. 

Mass. 
Archives, 

ixxvl.,  628. 
House  Jour- 
nal, pp.  412, 425. 
Post,  p.  755, 
chap.  565. 


A  Petition  of  Miles  Whitworth  Setting  forth  that  on  the 

10  May  1756  after  his  Eeturn  from  Nova  Scotia  Expedition  He  set 
out  with  General  Winslow  on  the  Crown  Point  Expedition  with 
General  Shirley's  Commission  for  Surgeon  General  that  on  the  23'^ 
May  he  arrived  at  Albany  and  agreed  with  the  Commissioners  of 
this  Government  to  act  as  Surgeon  to  Col°  Plaisteads  Regiment  for 
all  which  he  has  received  no  Pay,  &  therefore  praying  the  Consid- 
eration of  this  Court,  &  that  he  may  receive  an  Allowance  adequate 
to  his  said  Services. 

Read  And 

Ordered,  That  there  be  allowed  &  paid  out  of  y*  public  Treasury 
to  y''  Memorialist  Chirurgeon's  pay  from  y*"  10'^  of  May  1756  to  the 
Time  of  Dismissing  y*"  Army  on  the  last  Crown-point  Expedition, 
for  his  Services  as  Chirurgeon  to  Col°  Plaisted's  Regiment  during 
that  time.     \^Passed  Ajjril  12. 


CHAPTEK    490. 


ORDER  IMPOWERING    THE   JUDGE    OF    PROBATE  FOR  THE   COUNTY  OF 
ESSEX  TO  APPOINT  AN  ADMINISTRATOR  ON  AN  ESTATE. 


Legislative 
Records  of  the 
Council,  xxl., 
498.    Mass. 
Archives,  xlx., 
553. 

Mass. 

Archives,  xlx., 
552.    House 
Journal,  p.  429. 


A  Petition  of  Robert  Roundy  of  Beverly  in  the  County  of 
Essex  Setting  forth  that  He  together  with  one  Joseph  Hall  of 
New  Hampshire  were  bound  to  the  Judge  of  Probate  for  said 
County  for  the  Administration  of  Ebenezer  Kimball  on  the  Estate 
of  his  Father  Ebenezer  Kimball  late  of  Haverhill  deceased.  That 
the  said  Ebenezer  the  Son  hath  sold  all  the  Real  Estate  of  the 
deceased  without  leave  from  any  Court,  &  then  absconded  &  went 
to  Halifax;  whereby  the  Petitioner  is  like  to  be  a  great  Suf- 
ferer Therefore  praying  that  the  Judge  of  Probate  of  said 
County  may  be  impowered  to  appoint  a  new  Administration  to 
said  Estate,  or  otherwise  releive  him. 

Read  and 

Ordered  that  the  Judge  of  Probate  for  the  County  of  Essex  be 
and  hereby  is  Authorised  and  impowered  to  appoint  some  suitable 
Person  Adm'^  on  the  Estate  of  Ebenezer  Kemball  Dec'd  instead  of 
Ebenezer  Kemball  the  Son  within  mentioned,  who  is  Absconded 
and  left  the  Administration  unfinished.     {Passed  April  IS. 


CHAPTEK    491. 


ORDER  ALLOWING  £2.  13.  4  TO   SETH  ROOT. 


Rlford"of  the       ^  PETITION  of  Scth  Root     Setting  forth  that  He  was  an  inlisted 
Council,  xxl..    Soldier  in  the  Crown  Point  Expedition  in  1755  in  Capt°  Ingersol's 
Company,  who  being  killed  in  Battle  the  said  Seth  was  made  up  in 


498.    Mass. 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  727 

the  Muster  Eoll  about  two  months  short  of  the  time  he  was  actually  Archives, 
in  Service  Therefore  praying  for  Eeleif .  ^'^''^"' — '- 

Keacl  and  ^  Records  of  the 

Ordered  that  the  Sum  of  two  pounds  thirteen  shill^^  and  four  22°^^^nou  e*'' 
pence  be  p*^  out  of  the  publick  Treasury  to  Eldad  Taylor  Esq""  for  Journal, 
the  Use  of  the  Pef  for  His  Service  within  mentioned.     [Passed  ^^'  ^'^'  *^^' 
April  13.' 

CHAPTER    492. 

ORDER   ALLOWING    £1.  6.  8   TO   BENJAMIN   BURT. 

A  Petition  of  Benjamin  Burt  of  Wilmington    Setting  forth  that  Legislative 
his  Servant  Joseph  Gilbird  was  a  Soldier  in  the  last  Crown  Point  couricif,xxi.,^ 
Expedition,  the  Petitioner  finding  a  Gun  for  his  said  Servant.  But  Archiv^es^^" 
that  the  said  Joseph  dying  on  his  return,  the  Gun  is  not  to  be  ixxvi.,  ssk). 
found     Therefore  praying  for  releif.  Mass. 

Read  and  {^^J^, 

Ordered  that  the  Sum  of  One  pound  Six  Shill^^  and  eight  pence  ^aT^^/i^z^'izs 
be  allowed  to  be  paid  out  of  the  publick  Treasury  to  M''  Jonathan 
Foster  for  the  Use  of  the  Pef^  in  consideration  of  the  Loss  of  the 
Gun  within  mentioned.     [Passed  Ajjril  13. 


CHAPTER    493. 

ORDER   ALLOWING   £4  TO   MARY   HERRICK. 


A  Petition  of  Mary  Herrick  Relict  Widow  of  Edward  Herrick  Legislative 
Setting  forth  that  her  said  Husband  was  a  Soldier  in  the  last  Crown  councif.xxi.. 
Point  Expedition;  &  died  at  Lake  George.  That  She  can  give  no  Archi^es^" 
manner  of  account  of  what  is  become  of  his  Gun;  therefore  pray-  ixxvi., 686. 
ing  the  consideration  of  this  Court.  House  Jour- 

Read  and  aal.p.429. 

Ordered  that  there  be  paid  out  of  the  publick  Treasury  to  M"" 
Barker  for  the  Use  of  the  Pef  the  four  pounds  within  mentioned. 
[Passed.  April  13. 

CHAPTER    494. 

ORDER  ALLOWING   £4  ANNUALLY  TO   EPHRAIM   WINSHIP. 

A  Petition  of  Ephraim  Winship  of  New  Marblehead  in  the  Legislative 
County  of  York  Setting  forth  that  about  the  14"^  of  May  last  councn"  xxK^ 

he  was  attacked  by  a  Party  of  Indians  from  whom  he  received  two  499.  Mass.  '' 
Shotts,  one  of  which  broke  his  Arm  and  by  the  other  he  lost  one  ixxv/.Tlos. 
of  his  Eyes;  that  they  afterwards  gave  him  divers  Blows  on  the  Mass. 
head  with  a  Hatchett  &  scalped  him,  notwithstanding  all  which  he  ^^xvi^4o-  409 
almost  miraculously  escaped  with  his  Life,  having  undergone  great  House  JouV. 
pain  &  expence  occasioned  by  his  said  Wounds  And  praying  '^*^1'Pp-*i3,429. 

the  compassionate  consideration  of  the  Court. 

Read  and 

*  There  is  some  confusion  of  dates  here,  Mass.  Archives,  Ixxvi.,  645,  giving  the  final 
action  in  Council  as  April  11 ;  evidently  a  mistake  for  April  13,  on  which  day  the  record 
states  it  passed  the  House. 


728 


Province  Laws  {Resolves,  etc.) .  — 1756-57.  [Chaps.  495,  496.] 


Ordered  that  the  Pef  bo  allowed  to  be  paid  out  of  the  publick 
Treasury  the  Sum  of  four  pounds  Annually  during  his  Natural  life. 
\_Passed  April  13. 


CHAPTER    495. 


LegislaUve 
Records  of  the 
Couacil,  xxi., 
501. 

Mass. 
Archives, 
Ixxvi.,  232, 
233,287,335,371, 
372, 373, 374,  420, 
421,422-423,472, 
473, 490,  506, 509, 
510-511,  527, 
528-529,  599,  672. 
House  Jour- 
nal, pp.  422,423. 


ORDER  ALLOWING   SUNDRY  AMOUNTS   TO   DIVERS   PERSONS. 

Ordered,  That  there  be  allowed  &  paid  out  of  the  Public  Treas- 
ury to  Moses  Marcy  Esq'  for  the  use  of  Samuel  Leech  three  Pounds 
nine  shillings  &  two  pence;  for  the  use  of  James  Johnson  thirty 
three  shillings,  &  for  the  use  of  Moses  Clark  four  Pounds  sixteen 
shillings ;  To  Capf"  Henry  King  for  the  use  of  Elisha  Eich  three 
Pounds  fourteen  shillings,  &  for  the  use  of  Daniel  Stockwell  thirty 
shillings;  To  Henry  Gibbs  Esq""  of  Salem  for  the  use  of  Thomas 
Reddington  Six  pounds  one  shilling  and  eleven  pence:  To  M''  Elijah 
Porter  for  the  use  of  John  Bradstreet  twenty  nine  shillings:  To 
Isaac  Merril  Esq'  for  the  Use  of  Pelatiah  Watson  three  Pounds 
eleven  shillings  &  six  pence.  To  Timothy  Paine  Esq'  for  the  use 
of  Robert  Smith  four  Pounds  six  shillings:  To  Capt°  Edward  Davis 
for  the  use  of  Mary  Baker  six  Pounds  ten  shillings ;  To  M'  Ephraim 
Sherman  for  the  use  of  Nathanael  Hutson  four  Pounds,  thirteen 
shillings:  To  Henry  Gibbs  Esq'  of  Newtown  for  the  use  of  Nehe- 
miah  Fuller  fifty  three  shillings;  To  Thomas  Clap  Esq'  for  the  use 
of  Micajah  Tuel  forty  four  shillings  &  eight  pence :  To  M'  Eliphalet 
Whiting  for  the  use  of  Robert  Ray  three  Pounds  ten  shillings  and 
eight  pence;  &  for  the  Use  of  Margaret  Barweek  forty  two  shillings; 
To  Capt°  Jabez  Upham  for  the  use  of  Isaiah  Chad  wick  Three  Pounds 
eighteen  shillings ;  To  M'  John  Temple  for  the  use  of  Samuel  Pratt 
twenty  nine  shillings  &  6*^  and  for  the  Use  of  Richard  Melandy  fifty 
shillings ;  To  M'  Gideon  Lyman  for  the  use  of  Nathan  Allen  fifty 
five  shillings,  &  to  Jonathan  Patterson  four  pounds  nineteen  shil- 
lings &  eight  pence  in  full  consideration  of  the  Expences  whilst  in 
the  Service  on  the  last  Crown  Point  Expedition  in  their  Petitions 
respectively  mentioned,     {^Passed  April  14. 


CHAPTEE    496. 


Legislative 
Records  of  the 
Council,  xxi., 
501. 

Mass. 
Archives, 
Ixxvi.,  189,  2311, 
241,  464, 471,  505. 
House  Jour, 
nal,  p.  422. 


ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  Public  Treas- 
ury to  M'  Benjamin  Hills  for  the  use  of  Simon  Wade  forty  six  shil- 
lings, To  William  Lawrence  Esq'  for  the  use  of  Samuel  Douglas  four 
pounds  seven  shillings  &  four  pence.  To  M'  Thomas  Lancaster  for 
the  use  of  William  Hobson  thirteen  shillings  &  four  pence:  To  M' 
Samuel  Witt  for  the  use  of  John  Hutson  thirty  shillings;  &  to  Capt° 
Ephraim  Spaulding  for  the  use  of  Robert  Lindsey  sixteen  shillings 
in  full  consideration  of  the  Expences  in  the  first  Crown  Point  Expe- 
dition in  their  several  Petitions  respectively  mentioned.  \^Passed 
April  14. 


[5th  Sess.]     Province  Laws  {Besolves,  etc.).  — 1756-57.  729 

CHAPTER    497. 

ORDER  GRANTING  TO  JOHN   GOULD   LICENCE  TO  SELL  STRONG  DRINK. 

A  Petition  of  John  Gould  of  Boston  Praying  that  as  he  is  Legislative 

concerned  in  the  Distilling  Business,  the  Court  of  General  Sessions  counc'if,  xli.^^ 
of  the  Peace  for  the  County  of  Suffolk  may  be  authorized  at  their  f^}.y^l^^^%^y. 
present  Sessions  to  grant  him  a  license  to  sell  distilled  Spirits  at  his  iso. 
distill  house  in  Boston  the  time  allowed  by  Law  for  granting  Licenses  Mass. 
being  elapsed  notwithstanding.  m'^House^'^'' 

Read,  and  journal,  p.  426. 

Ordered,  that  the  prayer  of  this  Petition  be  so  far  granted,  as 
that  the  Justices  of  y"  Court  of  General  sessions  of  the  peace  for 
the  County  of  Suffolk,  be  &  they  hereby  are  impowered  at  their 
present  Sessions  to  grant  y*"  Pet"  a  license  (if  they  see  fitt)  to  retail 
spirituous  Liquors  at  y"  Distill  house  in  Boston  they  first  Obtaining 
the  Approbation  of  y^  Select  Men  of  said  Town,  the  Time  for  grant- 
ing Licences  being  elapsed  Notwithstanding.     [Passed  April  14. 


CHAPTER    498. 

VOTE  ALLOWING  CAP^  JOHN  CRANE   £46.  15.  1   FROM  FINES  LAID    UPON 
DELINQUENT  SOLDIERS  IN  THE   TOWN  OF  DARTMOUTH. 

A  Petition  of  John  Crane,  Capt"  of  a  Company  in  the  second  ^^sisiative 

,  1.TH--1-''  /-<  p    r,    •        ioi-i./ijij^.    Records  of  the 

Kegiment  oi  Militia  m  the  County  oi  Bristol  Setting  forth  that  at  Council, xxi., 

the  General  Muster  ordered  to  be  had  on  the  22'^  day  of  March  last,  ^-^ 

there  were  only  nine  of  said  Company  appeared,  so  that  he  had  it  ^a^i^j^fsi^' 
not  in  his  power  to  draught  his  Quota  of  Men  assign'd  him  for  the  Province 
Public  Service ;  whereupon  he  proceeded  to  hire  Men,  &  has  advanced  chap.  4i;"9'23, ' 
for  that  Purpose  Forty  six  pounds  fifteen  shillings  &  l'^  more  than  ^'M'-^o- 
he  has  received.  Therefore  praying  he  may  be  enabled  to  apply  the 
Fines  incurred  for  the  Use  of  the  Company,  for  Nonappearance  as 
aforesaid,  towards  reimbursing  him  for  the  money  so  advanced  & 
for  his  Cost  &  trouble  in  said  Affair. 

Voted.  That  John  Crane,  Capt°  of  the  third  Military  Foot  Com- 
pany in  the  Town  of  Dartmouth  is  hereby  authorised  &  impowered 
to  receive  &  retain  to  his  own  use  out  of  the  Fines  which  shall  be 
recovered  by  his  Clerk  of  those  delinquent  Soldiers,  which  did  not 
appear  at  the  General  Muster  on  the  22*^  day  of  March  last,  the  forty 
six  Pounds  fifteen  shillings  &  apenny  in  his  Petition  mentioned, 
which  he  has  advanced  for  the  hiring  Soldiers  for  the  Present  Ex- 
pedition. And  the  Overplus  of  said  Fines,  if  any  there  be  to  be 
applied  by  Law  as  is  already  provided,  He  the  said  Crane  to  render 
an  account  of  his  proceedings  herein  to  the  Treasurer  of  the  Town 
of  Dartmouth,  agreeable  to  Law.     [Passed  April  14. 


730 


Province  Laws  {^Resolves ^ etc.).  — 1756-57.  [Chaps.  499-501.] 


CHAPTEK    499. 


ORDER  DIRECTING  THE   PROVINCE   TREASURER   TO    PAY    £4    TO   ABRA- 
HAM  CROCKETT. 


Legislative 
Records  of  the 
Council,  xxi., 
503.    Mass. 
Archives, 
Ixxvl.,  414. 

Mass. 
Archives, 
Ixxvl.,  412. 
House  Jour- 
nal, pp.  423, 424. 
Ante,  p.  695, 
chap.  416. 


A  Petition  of  Abraham  Crockett  of  Falmouth  Setting  forth  that 
he  was  the  last  fall,  being  in  the  public  Service  wounded  at  Lake 
George,  and  being  lame  left  his  Gun  upon  his  return  with  Ensign 
Cook  then  a  Commissary  at  a  place  called  the  Half  Moon  There- 
fore praying  he  may  be  allowed  the  Sum  of  Four  pounds  stopped 
from  his  Wages  on  account  of  his  said  Gun. 

Eead  & 

Ordered  That  y*^  Treasurer  pay  to  Major  Freeman  for  y®  use  of 
y*  Petitioner  y*  sum  of  four  pounds  stopped  out  of  his  Wages  on 
Acco'  of  his  Arms  not  being  returned.     {^Passed  April  14. 


Legislative 
Records  of  the 
Council,  xxi., 
603.     Mass. 
Archives, 
Ixxvl.,  387. 

Mass. 
Archives, 
Ixxvl.,  386. 
House  Jour- 
nal, pp.  380, 423. 
Ante,  p.  44S, 
Chap.  299. 


CHAPTER    500. 

ORDER  ALLOWING   £3   TO   TIMOTHY  BANCROFT. 

A  Petition  of  Timothy  Bancroft.  Setting  forth  that  he  was  in 
the  Province  Service  in  the  Expedition  against  Crown  Point  in  1755 ; 
&  likewise  in  the  Expedition  in  1756,  &  by  Virtue  of  an  Act  of  the 
General  Court  was  intituled  to  half  pay  during  the  space  betwixt 
the  two  Expeditions;  but  living  at  a  great  distance  from  his  Capf^ 
the  same  was  omitted  in  the  Muster  Roll,  Therefore  praying  he  may 
have  an  order  on  the  Treasurer  for  it. 

Eead  and 

Ordered,  That  there  be  allowed  &  paid  out  of  y^  public  Treasury 
to  Cap*  Joshua  Hutchins  for  y®  Use  of  y*^  Petitioner  the  sum  of  three 
pounds  in  Consideration  of  y**  half  pay  he  was  intitled  to  on  his 
entering  into  y®  service  on  y*^  last  Expedition  against  Crown-point. 
\^Passed  April  14. 


CHAPTER    501. 


ORDER  DIRECTING   THE    PROVINCE    TREASURER    TO    PAY    EZEKIEL 
CHANDLER  HIS   WAGES  IN   FULL. 


Legislative 
Records  of  the 
Council,  xxi., 
504.    Mass. 
Archives, 
Ixxvi.,  252. 

Mass. 
Archives, 
Ixxvl.,  252. 
House  Jovir- 
nal,pp.304,423. 


A  Petition  of  Ezekiel  Chandler  of  Duxborough  Setting  forth  that 
on  his  return  from  the  Army  the  last  Year,  his  Gun  was  fraudulently 
taken  away  from  the  House  in  which  he  lodged  at  Green  Bush  in 
Albany  Therefore  praying  he  may  be  allowed  what  was  stopped 
out  of  his  Wages,  on  account  of  his  Gun's  not  being  returned. 

Read  and 

Ordered ;  That  y^  Treasurer  pay  to  Gam^  Bradford  Esq''  for  y" 
Use  of  y''  Pet''  his  full  Wages,  his  Arms  not  being  returned  not- 
withstanding.    \Passed  April  14. 


[5th  Sess.]     Province  Laws  (^Besolves,  etc.).  — 1756-57.  731 


CHAPTER    502. 

ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  PAY  JOHN  FOSTER 
THE  WAGES  OF  HIS   SON  IN  FULL. 

A  Petition  of  John  Foster  of  Andover     Setting  forth  that  his  Legislative 
Son  Isaac  Foster  a  Minor  was  a  Soldier  in  the  Crown  Point  Expe-  coundf,  xli!!^ 
dition  in  the  year  1756,  and  being  out  with  a  scouting  party  was  ^^-t.   Mass. 
either  killed  or  taken  Captive;  that  there  is  a  deduction  of  Four  ixxvi.,5i9. 
Pounds  made  from  his  said  Sons  Wages  on  account  of  his  Gun  not  House  Joi 


)ur- 


being  returned,  and  praying  Releif.  m'^Ante'^^^' 

Read  and  p.  695,  chap. 


Ordei'ecl  that  the  Treasurer  pay  to  the  Petitioner  the  full  Wages 
due  to  his  said  Son  as  made  up  in  the  Muster  Roll,  without  any 
deduction  for  his  Arms  not  returned.      \^Passecl  April  14. 


416. 


CHAPTER    503. 

ORDER  ALLOWING  £2  TO   SAMUEL  CAPEN. 


A  Petition  of  Samuel  Capen  of  Palmer  Setting  forth  that  Legislative 

his  Son  Abijah  Capen  was  impressed  into  his  Majesty's  Service  for  councif,  xxi.f 
the  Crown  Point  Expedition  on  the  last  day  of  July  1756,  and  was  ArchWes^^' 
five  weeks  afterwards  put  into  Capt°  John  Lanes  Company;  that  ixxvi., 632. 
his  Son  died  the  7"*  Nov^  following,  &  when  the  muster  Roll  was  Mass. 
made  up,  the  said  five  Weeks  was  wholly  omitted     Therefore  pray-  bL^vCel'i. 
ing  an  Allowance  therefor.  ^T^®' 'l°r,^''".oo 

[Read&]  nal.pp.42M32. 

Ordered  that  the  Prayer  of  this  petition  be  granted  and  that  the 
Pef  be  allowed  Two  pounds  in  full  consideration  for  the  five  Week's 
service  within  mentioned.     \^Passed  April  15. 


CHAPTER    504. 

ORDER  DIRECTING  THE   PROVINCE    TREASURER    TO    PAY    £19.  4    TO 
ELISHA   CUMMINGS. 

A  Petition  of  Elisha  Cummins  of  Topsfeild    Setting  forth  that  Legislative 
on  the  20*  of  February  1756  he  received  an  Ensign's  Commission  councu' xxl,^ 

for  the  Crown  Point  Expedition  and  on  the  18  of  April  following  ^ 

proceeded  with  the  rest  of  the  Company  to  Albany,  &  did  duty  Mass. 
there  at  the  Half  Moon  until  the  17  day  of  Sept'  when  his  health  ixxvi.,  434. 
would  permit;  but  being  at  that  time;  in  a  bad  state  of  health,  he  mTpp.'39M96, 
by  the  advice  of  his  Physician  went  on  board  a  Vessell  bound  to  *23.' 
New  York,  &  on  the  14'''  day  of  Octo""  last  got  home  to  Topsfeild, 
but  remained  in  so  poor  a  State  of  health;  that  he  was  incaple '  of 
business  for  two  months  after;  Further  setting  forth,  that  as  he 
came  away  without  leave  from  the  General  He  was  not  made  up  in 
the  muster  Roll  and  praying  an  Allowance. 

Read  and 

Ordered  That  the  Treasurer  be,  and  he  hereby  is  directed,  to  pay 
to  M''  Elijah  Porter  for  the  use  of  the  Petitioner  Elisha  Cummings 

1  Sic. 


732 


Province  Laws  (i^eso^ves,  e^c).  — 1756-57.  [Chaps.  505-507.] 


the  Sum  of  Nineteen  Pounds  four  shillings  in  full  of  his  Wages 
for  eight  months  Service  in  the  last  Expedition  against  Crown 
Point  his  not  being  born  in  the  Muster  Poll  notwithstanding. 

[Passed  April  IS. 


CHAPTER    505. 


ORDER  ALLOWING  £10.  10  TO   CAP^  NATHANIEL  COOKE. 


Legislative 
Records  of  the 
Council,  xxi., 
50ti.     Mass. 
Archives, 
Ixxvi.,  370. 

Mass. 
Archives, 
Ixxvi.,  369. 
House  Jour- 
nal, pp.  427, 433. 


A  Petition  of  Nathanael  Cooke,  Captain  of  a  Company  in  the 
late  Expedition  against  Crown  Point  Setting  forth  That  the  said 
Captain  brought  thirty  five  men  to  Boston  to  receive  their  arms 
&°  where  they  were  detained  four  days,  during  which  time  they 
billeted  themselves  at  their  own  expence  And  praying  an  Allow- 
ance for  the  Same. 

[Read  &] 

Ordered  that  their  be  paid  to  the  Several  Persons  named  in  y^ 
Ace*  Exhibited  y'=  Sum  of  Six  Shillings  to  each  Person  for  his  Sub- 
sisting himself  y®  time  within  mention'd  and  that  y®  whole  amount- 
ing to  y^  Sum  of  ten  pound  ten  Shillings  be  paid  into  y^  hands  of 
Cap*  Nath^  Cook  to  be  by  him  paid  to  the  Several  Persons  to  whom 
y®  Same  is  due,  he  to  be  accountable.     [Passed  April  15. 


CHAPTER    506. 


ORDER  ALLOWING  £1.  12.  8  TO   SOLOMON   GOODWIN. 


Legislative 
Records  of  the 
Council,  xxi., 
508.    Mass. 
Archives, 
Ixxvi.,  446. 

House  Jour- 
nal, p.  436. 


A  Petition  of  Solomon  Goodwin,  a  Soldier  in  the  Crown  Point 
Expedition  in  1756  Setting  forth  That  being  sick  on  his  return 
home,  was  obliged  to  be  at  expence  for  Slay  hire  &*^  and  that  after 
his  return  home  he  was  unable  to  do  anything  towards  his  own  Sup- 
port for  several  "Weeks  And  praying  an  Allowance  on  account  thereof. 

Read  and 

Ordered  that  the  Pef  be  allowed  to  be  paid  out  of  the  publick 
Treasury  one  pound  twelve  shill^s  and  eight  pence  in  full  for  his 
Services  mentioned.     [Passed  April  16. 


CHAPTER    507. 

ORDER  CONFIRMING  THE   TAX  OF  THE  TOWN  OF  LANCASTER  FOR  THE 
YEAR   17n6,  AND   IMPOWERING   THE   COLLECTION   THEREOF. 


Legislative 
Records  ol  the 
Council,  xxi., 

.508. 

House  Jour- 
nal, pp.  433, 435. 
Province 
Laws,  iii.,  1055, 
note. 


A  Petition  of  William  Richardson  Esq"'  for  himself  and  the 
Rest  of  the  Selectmen  and  Assessors  of  the  Town  of  Lancaster 
Setting  forth  That  in  the  Rate  Bill  for  the  year  1756,  which  they 
committed  to  Asahel  Phelps  one  of  the  Constables  of  said  Town; 
there  were  some  circumstantial  Mistakes,  but  none  as  to  the  sum 
to  be  collected     Therefore  praying  Releif. 

Read  & 

Ordered  That  the  Tax  for  the  Town  and  County  Rate  in  the 
Town  of  Lancaster  for  the  year  1756  committed  to  Asahel  Phelps 
to  collect  be  and  hereby  is  confirmed  and  established,  and  the 


[5th  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1756-57.  ^  733 

said  Phelps  is  hereby  fully  impowered  to  collect  the  same,  any 
supposed  Mistake  in  the  Rate  Bills  to  him  committed  notwith- 
standing.    \_Passed  April  16. 


CHAPTEE    508. 

ORDER   ALLOWING   £2   TO   THOMAS   CLARKE. 


A  Petition  of  Thomas  Clarke  of  Almsbury    Setting  forth  That  ^If^^^jf^f ^i^g 
he  was  a  Soldier  in  the  Crown  Point  Expedition  in  1756;  and  that  council, xxi., 
by  order  of  General  Winslow,  He  stayed  after  the  Camp  broke  up  Archiv^es?" 
to  take  care  of  the  Sick,  and  that  He  was  made  up  in  the  Muster  ixxvi.,  627. 
Roll  twenty  six  days  short  of  the  time  he  was  in  actual  Service,  Mass. 
which  time  he  spent  in  his  care  of  the  Sick  as  aforesaid    And  pray-  l^:^cvC626. 
ing  an  Allowance.  SuTpf^Ziss. 

Read  and 

Ordered  that  the  sum  of  two  pounds  be  paid  out  of  the  publick 
Treasury  to  M""  Merrell  for  the  Use  of  the  Pet'.     \_Passed  April  16. 


CHAPTER    509. 

ORDER  ALLOWING   £11.  10  TO  JONAS  NEWTON. 

A  Petition  of  Jonas  Newton,  a  Soldier  in  the  Crown  Point  glf^rdfof  the 
Expedition  in  1756,  Setting  forth     That  being  several  weeks  sick  council,  xxi., 
at  Lake  George  he  was  ordered  to  Albany,  where  remaining  sick  ^TChi^ves?' 
his  Physician  advised  him  to  come  home  and  having  the  oppor-  ixxvi.,  587. 
tunity  of  a  Team  he  returned  home  and  continued  sick  till  Novem-  Mass. 
ber,  and  that  as  he  came  home  without  a  regular  dismission  he  is  ix^vi.Tlle. 
not  made  up  in  the  Muster  Roll     Therefore  praying  Releif.  nai!^pp."424l'435. 

Read  and 

Ordered  that  the  sum  of  Eleven  pounds  ten  Shillings  be  paid  out 
of  the  Treasury  to  CoP  Murray  for  the  Use  of  the  Pet'  in  full  for 
his  Wages  within  mentioned.     \^Passed  April  16. 


CHAPTER    510. 

ORDER  GRANTING  TO   JOSEPH   MORTON  LICENCE   TO  KEEP  AN  INN. 

A  Petition  of  Joseph  Morton    Setting  forth  That  he  hath  hired  ^|f^^*^f^f%he 
an  house  in  Boston  late  in  the  occupation  of  M'  Jonathan  Dwight,  council,  xxi., 
which  House  hath  for  many  years  been  improved  as  a  Tavern         And  Archives, cxi., 

praying  that  the  Court  of  General  Sessions  of  the  Peace  for  the  ^^ . 

County  of  Suffolk  may  be  impowered  to  give  him  a  License  to  keep  ^^^^f^j^^g  ^^^.j 
a  Tavern  therein.  399.  House' 

Read  and  Journal,  p.  435. 

Ordered  that  the  Justices  of  the  Gen^  sessions  of  the  Peace  for 
the  County  of  Suffolk  be  allowed  [(]  if  they  See  cause)  to  grant  the 
Pet'  a  Licence  to  keep  a  House  of  publick  Entertainment  in  the 


734  Province  Laws  {Resolves, etc.).  — 1756-57.  [Chaps.  511-513.] 

House  within  mentioned.  Provided  He  first  obtains  the  Approbation 
of  the  Select  Men  of  the  Town  of  Boston  for  that  purpose.  \_Passed 
April  16. 


CHAPTER    511. 


ORDER  ALLOWING   £3.  12   TO   ELISHA  BOLTON, 


Legislative 
Records  of  the 
Council,  xxi., 
509.    Mass. 
Archives, 
Ixxvi.,  649. 

House  Jour- 
nal, pp.  432, 435. 


A  Petition  of  Elisha  Bolton  of  Duxborough  Setting  forth 

that  He  was  a  Soldier  in  the  intended  Expedition  against  Crown 
Point  in  1756,  that  he  marched  as  far  as  Albany  and  was  there 
taken  sick  and  rendred  unfit  for  Service,  and  by  reason  thereof, 
was  not  made  up,  in  the  Muster  Poll     Therefore  praying  for  Eeleif . 

Eead  and  in  answer 

Ordered  that  the  sum  of  three  pounds  twelve  Shills^  be  p"^  out  of 
the  publick  Treasury  to  Col°  Bradford  for  the  Use  of  the  Pef  in  full 
consideration  for  his  Service  within  mention'd,     \^Passed  April  16. 


CHAPTER    512. 


Legislative 
Records  of  the 
Council,  xxi., 
510.    Mass. 
Archives, 
Ixxvi.,  588. 

House  Jour- 
nal, pp.  412, 435. 


ORDER  ALLOWING  £2.  8  TO  PETER  PRESCOTT,  JUN^. 

A  Petition  of  Peter  Prescott  Jun""  Setting  forth  that  in  conse- 
quence of  General  Winslows  Order  He  was  detained  at  Lake  George 
a  month  to  take  care  of  the  Sick  for  which  he  has  received  no  pay, 
as  the  said  time  was  not  considered  in  making  up  the  muster  Boll 
Therefore  praying  an  Allowance. 

Eead  and 

Ordered  that  there  be  allowed  to  be  paid  out  of  the  publick  Treas- 
ury to  the  Pef  two  pounds  eight  shillings  in  full  satisfaction  for  his 
services  above  mentioned.     \^Passed  April  16. 


CHAPTER    513. 


VOTE  ESTABLISHING  THE  RATE  OF  BILLETING  FOR  OFFICERS    &    SOL- 
DIERS. 


Legislative 
Records  of  the 
Council,  xxi., 
510. 

House  Jour- 
nal, p.  436. 
Province 
Laws,  iii.,  1079, 
note. 


Voted  That  the  Officers  and  Soldiers  raised  for  the  present  Expe- 
dition be  allowed  and  paid  out  of  the  Public  Treasury  five  shillings 
and  eight  pence  ^  week  for  their  billetting;  including  the  allowance 
made  them  by  Lord  Loudoun;  said  Officers  Allowance  to  be  from 
the  25'^  of  March  last  until  they  receive  the  Kings  Allowance  and 
that  of  the  Soldiers  from  the  time  of  their  being  mustered  till  they 
receive  said  Allowance.     [Passed  April  16. 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  735 


CHAPTER    514. 

ORDER    IMPOWERING    CALEB    KINGSBURY,   GUARDIAN,   TO    JOIN    WITH 
EPHRAIM   WARE  IN  THE  PARTITION  OF  AN  ESTATE. 

A  Petition  of  Caleb  Kingsbury  of  Needham    Setting  forth  That  Legislative 
about  eight  years  since  he  was  appointed  by  the  then  Judge  of  Pro-  council,  xxi.,  . 

bate  for  the  County  of  Suffolk  Guardian  to  two  Non-compos  Persons  ^^ 

of  said  Town,  John  Gill  and  Israel  Gill;  who  held  a  small  real  Estate  ^Pi^^^foT"" 
m  common  and  undivided.  That  said  John  is  since  dead  and  Admin- 
istration of  his  Estate  was  granted  to  the  Petitioner.  That  there 
being  no  personal  Estate  for  the  payment  of  the  deceased's  debts, 
liberty  was  granted  by  the  Superior  Court  for  the  Sale  of  the  said 
John's  real  Estate  being  undivided  as  aforesaid,  and  the  Petitioner 
sold  the  same  to  Ephraim  Ware  of  Needham,  &  has  accounted  for 
the  Proceeds  And  praying  That  he  may  be  impowered  in  behalf 

of  the  surviving  Non-compos  to  join  with  the  said  Ephraim  Ware  in 
making  Partition  of  the  said  Eeal  Estate. 

Read  and 

Ordered  That  the  Prayer  of  this  Petition  be  granted.  And  the 
Petitioner  is  hereby  impowered  to  join  with  the  within  named 
Ephraim  Ware  in  the  partition  of  the  Real  Estate  within  men- 
tioned, as  fully  as  the  said  Israel  the  surviving  Non-compos  person 
might  do  if  He  were  of  a  sound  mind  and  not  under  Guardians  as 
therein  mentioned.     \^Passed  April  16. 


CHAPTER    515. 

ORDER  ALLOWING   £3.  13.  4  TO  ELD  AD   TAYLOR. 

A  Petition  of  Eldad  Taylor    Praying  an  Allowance  for  victual-  Rgfords^ofthe 
ling  Twenty  three  of  the  Connecticutt  Soldiers  on  their  return  from  council, xxi., 
Stockbridge  &=  and  of  thirty-nine  Soldiers  of  Col°  Plaisteds  Regi-  ArchweT' 
ment  in  their  return  from  Lake  George.  ixxvi.,  648. 

Read  and  Mass. 

Ordered  that  there  be  allowed  to  be  paid  out  of  the  publick  Treas-  ixxvi.,  648. 
ury  the  sum  of  three  pounds  thirteen  shill^s  and  four  pence  half  nai"pp.'426)'427, 
penny  to  the  Petitioner  in  full  consideration  of  the  Account  An-  437. 
nexed.     [^Passed  April  16. 


CHAPTER    516. 


ORDER  IMPOWERING  JOHN  PERRY,  GUARDIAN,  TO  SELL  LAND. 

A  Petition  of  John  Perry  of  Lexington     Guardian  of  Thomas  Legislative 
Perry  a  Minor  of  twelve  years  of  age     Setting  forth  that  the  said  %l^^^l  ^ii*f 
Minor  is  intitled  by  the  Will  of  his  Grandfather  Joseph  Dudley  late  ^i.  Mass.    * 
of  Concord  deceased  to  a  peice  of  Land  in  the  Northerly  part  of  535.        ' '  "' 
said  Concord  containing  about  two  Acres  &,  an  half;  which  lying  Mass. 
only  seven  rod  wide  &  near  Sixty  in  length  will  require  much  fencing  ^^'^House'^'' 
Stuff,  and  their  being  neither  Stone  nor  Timber  on  the  Premises  Journal, 


736 


Province  Laws  ( Resolves ,etc.).  — 1756-57.  [ Chaps .  517-519.] 


pp.  381,  437. 
Province 
Laws,  ii.,  151, 
chap.  10. 


suitable  for  the  Purpose,  the  Income  of  the  Land  will  never  pay 
the  cost  of  purchasing  the  Same  Therefore  praying  for  liberty  to 
sell  the  said  Land  for  the  benefit  of  the  Minor. 

Eead  and 

Ordered  that  the  Pef  in  his  capacity  within  mentioned  be  and 
he  hereby  is  impowered  to  make  Sale  of  the  two  Acres  and  half  of 
Land  mentioned  And  to  Execute  a  good  Deed  thereof.  He 

observing  the  direction  of  the  Law  in  that  case  provided  And  giv- 
ing sufficient  Caution  to  the  Judge  of  Probate  for  the  County  of 
Middlesex,  that  the  proceeds  of  said  Sale  shall  be  put  out  at  inter- 
est for  the  benefit  of  the  within  named  Thomas  Perry.  [Passed 
April  16. 


CHAPTER    517. 


ORDER  ALLOWING   £2  TO  NATHANIEL  FITTS. 


Legislative 
Records  of  the 
Council,  xxi., 
512.    Mass. 
Archives, 
lxxvi.,604. 

House  Jour- 
nal, pp.  421, 436. 


A  Petition  of  Nathanael  Fitts  of  Salisbury  Setting  forth  That 
his  Servant  Simon  Williams  was  a  Soldier  in  the  Crown  Point  Ex- 
pedition in  1755,  that  he  lay  long  sick  at  Lake  George,  and  was 
afterwards  removed  to  Albany  where  he  died:  That  the  said  Simon's 
Gun  was  lost,  and  forty  shillings  stopped  from  his  Wages  on  account 
thereof;  And  praying  Eeleif. 

Read  and 

Ordered  that  the  sum  of  two  pounds  be  paid  oat  of  the  publick 
Treasury  to  Caleb  Gushing  Esq"'  for  the  Use  of  the  Pet'  in  full  Sat- 
isfaction for  the  Gun  within  mentioned.     [Passed  April  16. 


CHAPTER    518. 


ORDER  ALLOWING   £3.  5.  8  TO   JAMES  RUSSELL. 


Legislative 
Records  of  the 
Council,  xxi., 
512.    Mass. 
Archives, 
Ixxvi.,  403. 

Mass. 
Archives, 
Ixxvi.,  404. 
House  Jour- 
nal, p.  437. 


A  Petition  of  James  Russell  of  Haverhill  Setting  forth  That 
he  was  a  Soldier  in  the  Crown  Point  Expedition  in  1756  and  that 
being  taken  sick  on  his  return  home,  he  was  at  the  expence  of  a 
Doctor,  Nurse  &  Horsehire,  &  that  he  was  six  weeks  on  the  road, 
which  time  is  not  carried  out  in  the  Muster  Roll.  And  praying  an 
Allowance. 

Read  and 

Ordered  that  the  Sum  of  three  pounds  five  shillings  and  eight 
pence  be  paid  out  of  the  publick  Treasury  to  M'  Marsh  for  the  Use 
of  the  Pef  in  full  consideration  for  the  Charge  within  mentioned. 
[Passed  April  16. 


CHAPTER    519. 


ORDER  ALLOWING   £2.  2.  3  TO  ELISHA  KEYS. 


Legislative 
Records  of  the 
Council,  xxi., 
512.    Mass. 
Archives, 
Ixxvi.,  368. 


A  Petition  of  Elisha  Keys  of  Shrewsbury  Setting  forth  That 
Daniel  Wheelock  a  Soldier  in  the  late  Crown  Point  Expedition 
being  sick  at  Albany,  sent  to  his  Freinds  earnestly  desiring  that 
some  of  them  would  come  to  him  to  bring  him  home,  upon  which 


[5th  Sess,]     Province  Laws  {Resolves^  etc.).  — 1756-57.  737 

the  Petitioner  made  a  Journey  so  far  as  Green  Bush,  where  he  heard  ^^cMves. 
that  the  said  Daniel  was  dead,  and  praying  an  allowance  for  his  i™-|6^ 
time  and  Expence.  nai,  p.  436. 

Read  and 

Ordered  that  the  sum  of  two  pounds  two  Shillings  and  three 
pence  be  paid  out  of  the  publick  Treasury  to  M'  Isaac  Temple  for 
the  Use  of  the  Pet^  in  full  Satisfaction  for  the  Services  within  men- 
tioned.    \_Passed  April  16. 


CHAPTER    520. 

ORDER  ALLOWING  £2.  5.  8  TO  JAMES  WOODWARD. 

A  Petition  of  James  Woodward  a  Soldier  in  the  Crown  Point  legislative 

__  ,...  ^.»TiTT  f-ci  ^  •         1  Records  of  the 

Expedition  m  1756.  Setting  forth  that  He  was  Sick  upon  his  return  council, xxi., 
home  which  put  him  to  considerable  expence  and  that  he  had  the  Arciu^^esT' 
misfortune  likewise  on  his  return  to  lose  his  Gun,  for  which  Four  ixxvi.,  5S5. 
pounds  has  been  stopt  from  his  Wages     And  praying  the  compas-  ^^^^r^^^ 
sionate  consideration  of  the  Court.  ixxvi.,5S4. 

Read  and  ^rH^' 

Ordered  that  the  Sum  of  two  pounds  five  shill^s  and  eight  pence  Ante,  p.  695, 
be  allowed  to  be  paid  out  of  the  publick  Treasury  to  M'  John  Temple  '^  ^^' 
for  the  Use  of  the  Pet'.     [^Passed  April  16. 


CHAPTEE    521. 

VOTE  APPOINTING  A  COMMITTEE  TO   PREPARE    AN   ACCOUNT    OF    THE 
CHARGES  FOR  THE  SUPPORT  OF  FRENCH  NEUTRALS. 

In  the  House  of  Rep"^^  Krds  of  the 

Voted  that  Thomas  Flucker  James  Russell  and  Stephen  Hall  council,  xxi.. 
Esq"  with  such  as  the  Hon^'^  Board  shall  Joyn  be  a  Comm^«  to  ArcMves?' 
prepare  an  Account  of  the  Charges  this  Province  have  been  at  in  xxiii.,  387^ 
Supporting  the  late  French  Inhabitants  of  Nova  Scotia,  as  well  House  Jour- 
those  who  were  immediately  Ordered  here  by  that  Goverm*  as  those  province ' 
who  arriv'd  here  from  some  of  His  Majesty's  Southern  Governments  note.^' "^;,'J°^^' 
That  the  last  Acc*^  may  be  transmitted  to  Governour  Lawrence  as  p- 644,  chap! 

283 '  D  679 

soon  as  may  be  And  the  other  to  W  Agent  Bollan  chap.  386. ' 

In  Council  Read  &  Concur'd  &  Sam'  Watts  &  Jn°  Erving 

Esq""^  are  Joyned  in  the  Affare.     [^Passed  April  16. 


CHAPTEK    522. 

ORDER  OF  NOTICE  WITH  STAY  OF  EXECUTION  ON    THE    PETITION    OF 

JOHN  WRIGHT. 

A  Petition  of  John  Wright     Setting  forth  that  in  March  1749  ^|fo^^^f^f 41,^. 
he  purchased  of  one  Daniel  Emes  then  of  Wilmington  a  Tract  of  council, xxi., 
Wild  Land  containing  two  hundred  Acres  opposite  to  the  North  Archives^ 
end  of  Arowsick  Island  commonly  known  by  the  name  of  Toweseck  xiiv.,  371. 


738 


Province  Laws  {Resolves,  etc.).  — 1756-57.    [Chap.  523.] 


Mass. 
Archives, 
xliv.,  366-377. 
House  Jour- 
nal, pp.  410, 438. 


Neck,  for  which  he  had  a  good  deed  with  a  sufficient  Warranty, 
whereupon  he  built  a  good  house  and  made  other  Improv^ements, 
but  crossing  a  river  in  order  to  have  his  deed  recorded  he  unfortu- 
nately lost  it  with  many  other  Papers,  &  the  said  Emes  refuses  to 
give  him  another  deed  for  the  same.  That  the  Rev*^  M^  Gardner  of 
Stow  claims  the  said  Land  and  has  brought  an  Action  for  the  same 
against  the  Petitioner,  who  being  in  the  Service  of  the  Government 
was  obliged  to  go  to  Lake  George,  &  thought  himself  safe  in  so 
doing  as  "he  might  justly  have  expected  an  Imparlance;  But  that 
the  Petitioner  was  defaulted,  and  Judgement  recovered  against  him 
for  Seventy  odd  Pounds  damage  Therefore  praying  That  the  pro- 
ceedings on  said  Gardner's  Suit  may  be  set  aside  and  the  Execution 
thereon  be  stopt  and  rendred  of  no  Force,  and  that  he  may  be  enabled 
to  proceed  to  a  fair  Trial  with  said  Gardner. 

Eead  and 

Ordered  that  the  Pef".  serve  the  Adverse  Partie  M''  Gardner 

with  a  copy  of  this  Pet°  that  He  shew  cause  if  any  He  have  on  the 
second  thirsday  of  the  next  May  session  why  the  Prayer  thereof 
should  not  be  granted  and  Execution  on  the  last  mentioned  Judg- 
ment is  stayed  in  the  mean  time.  Provided  the  Pef  give  security 
to  the  Sheriff  of  the  County  of  Suffolk  to  pay  what  shall  finally 
be  adjudged  due,  with  Interest  from  this  time.'    \^Passed  April  16. 


CHAPTEK    523. 


Legislative 
Records  of  the 
Council,  xxi., 
514.    Mass. 
Archives, 
xxxii.,  768. 

Mass. 
Archives, 
xxxii.,  767. 
Legislative 
Records  of  the 
Council,  xxl., 
235.    House 
Journal, 
pp.  258,262 
( December, 
17.55) ;  p.  282 
(April,  1755); 
pp.  101, 102, 429, 
439. 


ORDER  ALLOWING  THE  ACCOUNT  OF  THE  GUARDIANS  OF  THE  PLYM- 
OUTH INDIANS. 

An  Account  of  the  Guardians  of  the  Plymouth  Indians  more 
especially  with  regard  to  their  doings  in  the  Sale  of  a  Tract  of 
Land  at  Mattakaset  by  Order  of  this  Court  containing  one  hun- 
dred and  seventy  Acres  &  an  half,  which  Land  belonging  to  Patience 
Thomas, 'Abigail  Quason  &  Caleb  Brand,  Indians,  they  had  sold  to 
Capt°  Nathanael  Gushing,  &  M""  Israel  Turner  for  One  hundred  & 
eighty  four  pounds  two  shillings  and  nine  pence  half  penny  with 
an  account  of  the  charge  &  expence  attending  the  Sale. 

Eead  and 

Ordered  that  the  within  Accompt  be  allowed  and  that  there  be 
paid  to  the  said  Guardians  out  of  the  s*^  Indian's  Money  in  their 
hands  the  sum  of  Eleven  pounds  three  Shillings  and  two  pence 
half  penny  in  full  discharge  of  the  Debt  mentioned.  And  that 
they  be  accountable  to  the  said  Indians  for  the  Sum  of  One  hun- 
dred Seventy  two  pounds  Nineteen  Shillings  and  Sevenpence  half 
penny.     \^Pa8sed  Ajjril  16. 

*  At  the  hearing  June  3,  1757,  this  petition  was  dismissed. 


[5th  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1756-57.  739 


CHAPTER    524. 

VOTE  DIRECTING  THE  PROVINCE  TREASURER  TO  PAY  THE  WAGES  OF 
ROBERT   MATTHEWS   IN   FULL. 

A  Petition  of  Sarah  Matthews  Setting  forth  that  her  late  LegisiatiTc 

Husband  Eobert  Mathews  was  in  the  two  intended  Expeditions  in  counc^f,  xxi!)^ 
the  years  1755  and  1756,  whereby  he  was  pursuant  to  a  Vote  of  this  ^'^^.j^^^^''^®^- 
Court  intittled  to  half  Pay  for  the  time  between  the  two  Expedi-  ixxvi.,  646. 
tions,  but  that  the  same  was  omitted  in  the  Muster  Poll  &  praying  Mass. 
for  Eelief .  ^xvi.Tw. 

Voted  that  the  Province  Treas"'  be  &  hereby  is  Directed  to  pay  to  House'jour- 
Sarah  Mathews  within  named  the  full  of  the  wages  that  Avere  Due  Xie^'p.  448, 
to  her  Late  husband  Robert  Mathews  Dec*^  for  his  half  pay  from  '^^^^-  '^^• 
the  17*^  Day  of  December  1755  To  the  22'^  Day  of  april  1756.  after 
the  rate  of  one  pound  Six  Shillings  &  Eight  pence  ^  month  amount- 
ing to  the  sum  of  four  pounds  Thirteen  Shillings  &  four  pence. 
[Passed  April  16. 


CHAPTEE    525. 

ORDER  ALLOWING  £5.  6.  8  TO  WILLIAM  WOOD. 

A  Petition  of  William  Wood  of  Westborough     Setting  forth  ReforcKthe 
he  served  as  Ensign  at  Lake  George  from  27  Nov""  1755  till  4  June,  councu,  xxi., 
but  that  through  mistake  he  was  made  up  ten  weeks  short  of  said  Archives?' 
time  in  the  muster  Roll  and  praying  an  Allowance.  ixxvi.,  eoo. 

Read  and  House  Joiir- 

Ordered  that  the  Pef  be  allowed  to  be  paid  out  of  the  publick 
Treasury  the  sum  of  five  pounds  Six  Shill^^  and  eight  pence  in  full 
for  his  Service  above  mentioned.     \^Passed  A2Jril  16. 


nal,pp.411,439. 


CHAPTER    526. 

ORDER   ALLOWING    £3    AND     £3    PER    ANNUM    ADDITIONAL    TO    JUDAH 

CLARK. 

A  Petition  of  Judah  Clark  of  Harvard     Setting  forth  That  He  Legislative 
was  in  the  Engagement  near  Lake  George  in  1755,    and  there  received  coSncn^  xii!!^ 
a  Ball  in  his  left  elbow,  which  has  deprived  him  of  the  use  of  that  515.  Mass. 
Arm,  And  praying  an  Allowance.  ixxvi.,  563. 

Read  and  House  Jour- 

Ordered  that  the  sum  of  three  pounds  be  p"^  out  of  the  publick  na^i,  pp.  398, 399, 
Treasury  to  the  Pef  at  present.  And  that  He  be  allowed  three 
pounds  per  Annum  till  the  further  Order  of  this  Court.     \^Passed 
April  16. 


740 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  527-529.] 


CHAPTER    527. 


ORDER  ALLOWING   £40  TO  MOSES  DESHON. 


Legislative 
Records  of  the 
Council,  xxi., 
516.    Mass. 
Archives, 
Ixxvi.,  350. 

Mass. 
Archives, 
Ixxvi.,  347. 
House  Jour- 
nal, pp.  370, 395, 
439. 


A  Petition  of  Moses  Deshon  Setting  forth  that  in  February 
1756  he  received  a  Commission  for  Major  of  Col°  Thacher's  Eegi- 
ment,  that  he  laid  a  long  time  sick  at  Fort  Miller  &  Fort  Edward, 
insomuch  that  Major  General  Lyman  gave  him  leave  to  retire  to 
Albany  for  the  Recovery  of  his  health,  that  his  Illness  continuing, 
he  returned  home  by  Water:  And  as  the  Earl  of  Loudoun  had  given 
orders  that  the  sick  should  be  dismissed,  praying  that  his  case  may 
be  considered,  and  that  he  may  be  allowed  his  Wages  and  expences, 
although  he  returned  home  without  any  special  Leave. 

Read  and 

Ordered  that  the  sum  of  forty  pounds  be  allowed  to  be  paid  out 
of  the  publick  Treasury  to  the  Pet'  in  full  consideration  for  his  Ser- 
vice within  mentioned.     \^Passed  April  16. 


CHAPTER    528. 


Legislative 
Records  of  the 
Council,  xxi., 
518.    Mass. 
Archives,  cv., 
558. 

Mass. 

Archives,  cv., 
557.    House 
Journal, 
pp.  446,448. 
Ante,  p.  441, 
chap.  277; 
p.  707,  chap. 
448. 


ORDER  FOR  SIX  SOLDIERS   TO    BE    POSTED    AT    RICE'S    GARRISON    IN 

CHARLEMONT. 

A  Petition  of  Samuel  Rice  for  himself  &  his  three  Bretheren, 
Inhabitants  at  Charlemont  so  called  in  the  County  of  Hamp- 
shire Setting  forth  that  the  principal  Improvements  in  said 
place  have  been  made  by  their  deceas'd  Father  &  themselves  That 
the  General  Court  was  pleased  the  last  year  to  allow  eight  men 
to  be  posted  at  Charlemont,  for  the  more  immediate  defence  of  a 
Garrison  House  the  Petitioners  were  to  build  there  which  House 
is  since  built.  And  praying  the  further  consideration  of  the  Court. 

Read  And 

Ordered,  that  the  Prayer  of  this  Petition  be  so  far  granted  as 
that  there  be  allowed  six  Soldiers  to  keep  said  Rices  Garrison  & 
guard  them  at  their  labour,  said  Sold"  to  be  inlisted  by  y"  Pet"  And 
allowed  the  same  wages  &  be  discharged  at  the  same  time  with  the 
Soldiers  now  stationed  at  Charlemont.     [^Passed  April  18. 


CHAPTER    529. 


Legislative 
Records  of  the 
Council,  xxi., 
421.    Mass. 
Archives,  xix., 
480. 

Mass. 

Archives,  xix., 
479.    Legisla- 
tive Records  of 
the  Council, 
xxi.,  519. 
House  Jour- 
nal, pp.  294, 325, 


ORDER  IMPOWERING  MERIAM  ASHLEY,  EXECUTRIX,  TO   SELL  LAND. 

A  Petition  of  Meriam  Ashley,  Widow  of  Noah  Ashley  late  of 
Westfield  Esq'  deceased  &  Executrix  of  his  last  Will  &  Testa- 
ment Setting  forth  that  the  deceaseds  debts  exceed  his  per- 
sonal Estate  more  than  One  hundred  &  thirty  four  pounds  that 
he  died  seized  of  a  Farm  in  Westfeild  called  Pochasock  Farm 
including  a  Tract  of  Land  called  Grape  Vine  Hollow,  which  she 
apprehends  is  the  most  suitable  part  of  the  deceaseds  Estate  to  be 
sold  for  the  payment  of  his  debts,  although  more  than  sufficient 
for  that  purpose,  yet  she  apprehends  it  would  be  detrimental  to 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  741 

the  Estate  to  sell  off  a  part     Therefore  praying  she  may  be  impow-  33o,  331.  Prov- 
ered  to  sell  the  whole.  mrchtrio!"' 

Ordered  that  the  Prayer  of  this  Petition  be  granted  And  that  the 
Pef  be  and  hereby  is  impowered  (with  y''  Advice  &  Consent  of  Josiah 
Dwight  Esq'  of  Springfield)  to  make  Sale  of  the  Lands  mentioned 
&  to  make  &  Execute  a  good  Deed  or  Deeds  of  the  same,  she  con- 
forming in  the  Sale  thereof  to  the  Directions  of  the  Laws  of  this 
Province  respecting  the  Sale  of  Lands  by  Executors  &  Adminis- 
trators hcP"  and  also  she  first  giving  Bond  with  sufficient  Sureties 
to  the  Judge  of  Probate  of  Wills  &c,  in  the  County  of  Hamp- 
shire, to  improve  so  much  as  is  necessary  of  the  Proceeds  of  the 
Sale  thereof  to  the  Payment  of  the  Debts  of  said  Testators,  &  to 
account  with  the  Guardians  of  the  Heirs  of  said  Testators  for  their 
proportionable  Shares  of  the  Eesidue  thereof.  Allowing  to  said  Pet' 
the  Improvement  of  one  Third  of  the  Proceeds  of  said  Sale,  after 
Payment  of  said  Debts,  during  her  Life.     \^Passed  April  18.^ 


CHAPTEE    530. 

ORDER  ALLOWING  SU^^DRY  AMOUNTS  TO  DIVERS  PERSONS. 

Upon  the  Petitions  of  Sundry  Persons  in  the  Pay  of  this  Gov-  Legislative 
ernment  praying  an  Allowance  for  their  several  Expences  in  the  councff  xxi!*^ 
Crown  Point  Expedition  in  1755.  520. 

Ordered  That  there  be  allowed  and  paid  out  of  the  Public  Treas-  Mass. 
ury  to  M'  Thomas  Lancaster  as  Executor  of  the  last  Testament  of  ^x^vi'JIio,  375, 
Jeremiah  Jewet  deceased  the  Sum  of  Four  pounds  sixteen  shillings  ggg'eai'^House 
&  one  penny:  To  John  Worthington  Esq'  for  the  use  of  Samuel  Journal, p. 442. 
Wright  three  Pounds  four  shillings  &  ten  pence;  for  the  use  of 
Elisha  Ferry  thirty  nine  shillings  &  two  pence;  for  the  use  of  Capt° 
Ebenezer  Hitchcock  seventeen  shillings  &  four  pence ;  for  the  use 
of  Edward  Chapin  fifty  two  shillings  &  nine  pence  &  for  the  use 
of  Jonathan  Parsons  thirty  shillings;  To  M'  Gideon  Lyman  for 
the  use  of  Jonathan  Lankton  fifteen  Pounds  three  shillings  and 
ten  pence :  To  Capt"  Solomon  Pepper  for  the  use  of  Daniel  Ham- 
ilton five  Pounds  fifteen  shillings  &  six  pence  &  to  William  Rich- 
ardson Esq'  for  the  use  of  William  Willard  thirty  two  shillings,  in 
full  consideration  of  the  Expences  on  the  Expedition  against  Crown 
Point  in  1755  in  their  respective  Petitions  mentioned.     {^Passed 
April  19. 


CHAPTEE    531. 

ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Upon  the  Petition  of  Sundry  Persons  in  the  Pay  of  this  Gov-  Legislative 
ernment,  praying  to  be  allowed  for  their  several  Expences  in  the  cmmcif,  xii!]^ 
Crown  Point  Expedition  in  1756.  520. 

Ordered  That  there  be  allowed  &  paid  out  of  the  Public  Treasury  Mass. 
to  M'  Jonathan  Foster  for  the  use  of  Levi  Andrews  forty  shillings  i^^vLyiso, 291, 
&  four  pence:  To  Joseph  Gerrish  Esq'  for  the  use  of  Joseph  Pet-  f^f*^^'|^f'|5l' 

*  This  chapter  passed  the  House  of  Representatives  February  16,  1757,  but  final  action 
did  not  take  place  until  April  18,  1757,  following. 


742 


Province  Laws  {Resolves,  etc. ) .  — 1756-57.     [Chap.  532.] 


593,634,651,652,  tingal  three  pounds  eighteen  shillings  &  eight  pence,  &  for  the  use 
687!  House  '  '  of  Francis  Greenleaf  twenty  shillings  &  three  pence.  To  Samuel 
^v^'mlm.  White  Esq^  for  the  use  of  William  Andrews  fifty  eight  shillings  & 
six  pence,  &  for  the  use  of  Eeuben  Richmond  Five  pounds  seven- 
teen shillings  &  seven  pence.  To  Cap"  Jonathan  Whitney  for  the 
use  of  George  Dickenson  forty  two  shillings  and  eight  pence:  To 
Caleb  Cushing  Esq''  for  the  use  of  Samuel  French  thirty  five  shil- 
lings &  eight  pence,  for  the  use  of  Joseph  Morril  twenty  four  shil- 
lings &  four  pence ;  for  the  use  of  John  Eaton  Forty  eight  shillings ; 
for  the  use  of  John  Buswell  thirty  one  shillings,  and  for  the  use  of 
Moses  Merrill  three  Pounds  two  shillings.  To  Joseph  Buckminster 
Esq''  for  the  use  of  Elijah  Kindrick  forty  shillings;  To  Daniel  How- 
ard Esq""  for  the  use  of  Archibald  Eobinson  thirty  four  shillings  and 
four  pence;  To  Thomas  Foster  Esq""  for  the  use  of  Benjamin  Cor- 
nish four  Pounds  eleven  shillings  and  six  pence.  To  M""  Eichard 
Bailey  for  the  use  of  James  Bailey  twenty  shillings,  and  for  the 
use  of  Michael  Woodcock  seven  Pounds  sixteen  shillings  and  four 
pence ;  To  Capt"^  John  Brown  for  the  use  of  Josiah  Eobinson  Five 
pounds  sixteen  shillings  &  eight  pence ;  To  Capt"  Benjamin  Hutchins, 
for  the  use  of  Sarah  Bowers  four  Pounds  eight  shillings.  To  Tim- 
othy Brigham  Esq''  for  the  use  of  Jesse  Maynard  five  Pounds  eight 
shillings.  To  M''  Daniel  Staniford  for  the  use  of  Daniel  Chapman 
thirty  two  shillings;  To  John  Murray  Esq''  for  the  use  of  Zeruiah 
Pratt  three  Pounds  nine  shillings  and  three  pence;  And  to  John 
Norris  fifty  six  shillings  &  nine  pence  in  full  discharge  of  the  sev- 
eral accounts  of  expences  on  the  Expedition  against  Crown  Point 
the  last  year  in  their  Petitions  respectively  mentioned.  [^Passed 
April  19. 


CHAPTER    532. 


Legislative 
Records  of  the 
Council,  xxi., 
521.    Mass. 
Archives, 
Ixxvi.,  366. 

Mass. 
Archives, 
Ixxvi.,  366. 
House  Jour- 
nal, p.  443. 
Ante,  p.  585, 
chap.  137. 


ORDER  ALLOWING   THE    BILLETING    ACCOUNT    OF    JOHN    FARRAR   TO 
MARY  FARRAR,  ADM^,  AND    £3   ADDITIONAL. 

A  Petition  of  Mary  Farrar  Administratrix  to  her  late  Husband 
John  Farrar  late  of  Lancaster  deceased,  Setting  forth  that  he 

the  said  John  was  in  the  Expedition  against  Crown  Point  in  1755, 
&  had  no  opportunity  to  obtain  his  billeting  money:  That  he  was 
likewise  in  the  other  Expedition  in  1756,  and  died  at  Sheffield  in 
his  Eeturn  home.  And  praying  an  Allowance  for  his  billetting 

as  aforesaid,  and  likewise  for  sundry  Expences  attending  his  last 
Sickness. 

Eead  And 

Ordered  That  there  be  allowed  &  paid  out  of  y^  public  Treasury 
to  y*  Pef"  the  money  due  to  her  late  Husband  for  his  Billeting  on 
his  return  home  from  Lake  George  in  1755  as  made  up  in  Cap*^  Asa 
Whitcombe's  Muster  Eoll,  any  order  of  y"  Court  to  y''  Contrary  not- 
withstanding Also  y*  further  sum  of  three  j)ounds  in  Consideration 
of  y*"  Expences  mentioned  occasioned  by  her  said  Husbands  Sick- 
ness whitest  in  y^  service  on  the  last  exped°  against  Crown  point. 
\^Passed  April  19. 


[5th  Sess.]     Province  Laws  (Besolves,  etc.).  — 1756-57.  743 


CHAPTER    533. 

ORDER  DIRECTING  THE   PROVINCE    TREASURER    TO    PAY   THE    WAGES 
OF  JOSEPH  ABBOTT  IN  FULL. 

A  Petition  of  Thomas  Abbot  Setting  forth  that  Joseph  RlfJrKf  the 

Abbot,  his  Son,  a  Soldier  in  the  Crown  Point  Expedition  in  1756  Council,  xxi., 
was  either  killed  or  taken  Captive  in  the  Service,  &  as  there  is  a  Archives?' 
deduction  made  from  his  Wages  on  account  of  his  Gun's  not  being  ixxvi.,  526. 
returned  Praying  that  he  may  be  allowed  to  recfeive  his  said  House  Jour- 

Sons  full  Wages  notwithstanding.  ^^  '^''     ' 

Read  And 

Ordered  That  y"  Treasurer  pay  to  M'  James  Frye  for  the  use 
of  y^  Pet"  the  full  Wages  due  to  his  Son  Joseph  Abbot.  [Passed 
April  19. 


CHAPTER    534. 

ORDER  ALLOWING  SUBSISTENCE  ACCOUNT  OF  COL.  EPHRAIM  WILLIAMS. 

A  Petition  of  Thomas  Williams    Setting  forth  that  Col"  Ephraim  Legislative 
Williams  of  Stockbridge  deceased  in  consequence  of  an  Act  of  this  councif  xxP* 
Government  making  Provision  for  the  subsistence  of  the  Troops  522.   Mass.  '' 
raised  for  the  Crown  Point  Expedition  in  1755  until  they  should  ht^vhTls's. 
arrive  at  the  place  of  rendezvous,  did  in  his  Life  time  engage  for  ^^i^, 
the  subsistence  of  nine  of  the  Companies  in  his  Regiment,  and  in  Archives, 
part  discharge  the  Same,  Therefore  praying  an  Allowance.  House  Jour- 

Read  And  ffiPp.^5,'''- 

Ordered,  that  Subsistance  be  allowed  to  the  several  Persons  con-  chap.  318. 
taind  in  the  Ace*  Exhibited  (except  Maj""  Ashley's  Company  already 
paid)  at  the  rate  of  four  shill^^  per  Week  and  so  in  proportion  amount- 
ing in  the  whole  to  the  Sum  of  Eighty  Seven  pounds  ten  Shill^^  and 
that  the  Same  be  p"^  into  the  hand  of  the  Pef  Tho^  W"^  to  be  by  him 
paid  to  the  several  Persons  to  whom  the  same  is  due  He  to  be  account- 
able.    [Passed  April  19. 


CHAPTER    535. 

ORDER  DIRECTING  THE  PROVINCE    TREASURER    TO    PAY    THE    WAGES 
OF   JOHN   MANSOR   IN  FULL. 

A  Petition  of  John  Mansor ;  a  Soldier  in  the  Crown  Point  Ex-  Legislative 
pedition  in  1756.  Setting  forth,     That  being  taken  sick  at  a  place  councu,xxL,® 
called  the  Half  Moon;  He  delivered  his  Gun  into  the  Store  house  523.   Mass. 
there  to  the  Care  of  Doctor  Cook,  who  has  the  Custody  of  said  ixxvi^.I^Ti 
Store  And  praying  that  he  may  be  allowed  to  receive  his  full  House  Jour- 

Wages  without  any  deduction  on  account  of  said  Gun.  nai,  p.  443. 

Read  and 

Ordered,  That  the  Treasurer  pay  to  M''  Benjamin  Hills  for  y^  use 
of  y^  Petitioner  the  full  of  his  Wages.     [Passed  April  19. 


744 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  536,  537.] 


CHAPTER    536. 


ORDER  IMPOWERING  SAM^-  HARPER,  ADM^  TO  SELL  REAL  ESTATE  AND 
MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 


Legislative 
Records  of  the 
Council,  xxi., 
523.    Mass. 
Archives,  xix., 
564. 

Mass. 

Archives,  xlx., 
562.    House 
Journal, 
pp.  441,  442. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Samuel  Harper  Administrator  on  the  Estate  of 
Andrew  Harper  late  of  Harvard  deceased  Setting  forth  that  the 
said  deceased's  Estate  is  represented  insolvent,  and  inasmuch  as 
the  Superior  Court  for  the  County  of  Worcester  will  not  sit  till 
September  next,  (where  he  ought  otherwise  to  apply)  praying  that 
this  Court  would  impower  him  to  make  sale  of  the  deceaseds  Real 
Estate,  exclusive  of  the  Widows  Dower,  for  the  payment  of  his  just 
debts. 

Read  And 

Ordered  that  the  prayer  of  this  Petition  be  Granted  &  that  the 
petitioner  be  &  hereby  is  Impowered  in  his  Capacity  as  Adm"'  to 
make  Sale  of  the  Deceased^  Reall  Estate  Mentioned  in  S*^  Petition 
for  the  Most  the  Same  Will  fetch.  He  observing  the  Directions  of 
the  Law  Respecting  the  Sale  of  Real  Estates  and  to  make  &  Execute 
a  Good  Deed  or  Deeds  for  Conveyance  thereof  the  Proceeds  of  such 
Sale  to  be  Disposed  of  as  follows  viz  one  Third  of  the  Income  for 
the  use  of  the  Widdow  During  Life  &  the  Remainder  Be  applied 
for  the  payment  of  the  Deceaseds  Just  Debts  and  after  the  Death 
of  the  Widdo  her  Dower  also  be  applied  for  the  payment  of  the 
Debts  of  the  Deceased  and  the  Overplus  If  any  there  be  Divided 
among  the  heirs  of  the  Deceased  according  to  Law,  provided  Suffi- 
cient Caution  Be  given  to  the  Judge  of  Probates  for  the  County  of 
Worcester  accordingly.     \^Passed  A2)ril  19. 


CHAPTER    537. 


ORDER  DIRECTING  THE   PROVINCE   TREASURER    TO    PAY    THE    WAGES 
OF  BENJ^  manning  IN  FULL. 


Legislative 
Records  of  the 
Council,  xxi., 
624.    Mass. 
Archives, 
Ixxvi.,  456. 

House  Jour- 
nal, p.  443. 
Ante,  p.  695, 
chap.  416. 


A  Petition  of  Benjamin  Manning  Setting  forth  that  his  Son 
Benj*  Manning  a  Soldier  in  the  Crown  Point  Expedition  in  1756 
died  at  Still  Water  upon  his  return  home,  &  his  Gun  not  being 
returned,  there  is  a  deduction  of  Four  Pounds  on  Account  thereof 
from  his  Wages.  And  praying  that  he  may  be  allowed  to  receive 
the  same  out  of  the  Treasury. 

Read  And 

Ordered  that  the  Treasurer  pay  to  Cap*  Ephraim  Spaulding  for 
the  use  of  the  Pef  the  full  Wages  of  his  Said  Son  dec"^.  [Passed 
April  19. 


[5th  Sess.]     Province  Laws  (Hesolves,  etc.). — :  1756-57.  745 


CHAPTEK    538. 

ORDER  ALLOWING  £3.  16  TO  EBENEZER  DAVIS. 

A  Petition  of  Ebenezer  Davis  of  Stnrbridge  in  the  County  of  R|ford8*^ofVe 
Worcester     Setting  forth  that  he  inlisted  himself  a  Private  Soldier  council,  xxi., 
under  Capt°  William  Phips  in  the  Expedition  against  Canada,  &  Archwes?' 
expected  his  Capt"  would  have  paid  for  his  billeting,  but  when  the  i>^xvi., 385. 
Troops  were  disbanded,  he  was  obliged  to  answer  the  same  himself,  Mass^ 
and  praying  an  allowance.  ixxvi.,385. 

T?rto<1   nr^A  House  Jour- 

rteaa  ana  nai,pp.430,444. 

Ordered,  That  there  be  allowed  &  paid  out  of  y^  public  Treasury 
to  Moses  Marcy  Esq'  for  y'^  use  of  y®  Pet'  y®  sum  of  three  pounds  six- 
teen shillings  in  full  for  his  Billeting  Mentioned.     [Passed  April  19. 


CHAPTEE    539. 

ORDER  IMPOWERING  EPES  SARGENT  AND   OTHERS  TO   SELL   ROOM    IN 
THE  GALLERY  OF  A  MEETING  HOUSE  IN  GLOUCESTER. 

A  Petition  of  Epes  Sargent  and  Others  Setting  forth  That  ^|f^^|fg"Jftije 

they  with  other  Persons  since  deceased  built  the  Meeting  House  in  council,  xxi., 
the  first  Parish  in  Glocester,  reserving  to  themselves  the  Pews  and  ArcM^es^.xiv., 

vacant  room  in  the  Galleries;  that  the  Parish  have  now  agreed  to  ^^ 

purchase  the  said  vacant  room,  and  praying  that  the  surviving  Pro-  Mass. 
prietors  may  be  enabled  to  sell  &  convey  the  same ;  they  accounting  is.   House      ' 
with  the  Heirs  of  those  deceased,  (some  of  whom  are  Minors)  for  pp'^^7*^444. 
their  Shares  of  the  purchase  Consideration.  Province 

■n       T  T  ^  Laws,  xii.,  530, 

Kead  and  chap.  127. 

Ordered,  That  the  Prayer  of  this  Petition  be  granted  And  That 
y*  Petitioners  in  their  said  Capacity  be  and  hereby  are  impowered 
to  make  Sale  of  the  Vacant  room  in  the  Calleries  mentioned  in  y^ 
Pet°  &  y*  y"  Pet"  be  &  hereby  are  impowered  to  make  and  execute 
a  good  &  sufiicient  Deed  or  Deeds  of  the  same  they  to  be  Account- 
able to  the  Heirs  which  are  Minors  or  their  Guardians  for  their  pro- 
portionable part  of  the  produce  of  the  whole  of  Such  Sale.  [Passed 
April  19. 


CHAPTEE    540. 

ORDER    IMPOWERING    TIMOTHY    WOODBRIDGE,   ESQ^   TO    SELL    REAL 
ESTATE   AND  MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Elisha  Pomroy  and  Eleazer  Burt  both  of  North-  J^s^^^,*"'^!.^ 

c~,        •         a       ^       ^  -rxT'iT  tit-    i         i  T     T         Records  01  the 

ampton     Setting  forth  that  one  William   Wohwohwoos  an  Indian  council,  xxi., 
of  Stockbridge  now  deceased  was  indebted  to  the  Petitioners  for  Archives?' 
Sundry  Goods  supplied  him  about  five  years  since,  that  he  has  left  xxxii.,  766. 
little  or  no  personal  Estate,  but  died  seized  of  a  real  Estate  in  said  House  Jour- 
Stockbridge,  and  has  left  no  Issue  or  near  Relations  in  any  degree  °* '  p* 
to  inherit  the  same  And  praying  that  said  Real  Estate  may 

be  subjected  to  the  payment  of  said  Williams  just  debts  and  that 


746 


Province  Laws  (Resolves,  etc).  — 1756-57.  [Chaps.  541,  542.] 


some  person  at  Stockbridge  may  be  impowered  to  make  sale  thereof 
accordingly. 

Eead  and 

Ordered  That  the  Prayer  of  this  Petition  be  so  far  granted  as 
That  Timothy  Woodbridge  Esq'  be  &  hereby  is  Appointed  to  exam- 
ine the  Debts  &  make  Sale  of  &  give  &  execute  good  Conveyances 
of  said  William  Nohwohwooes  '  reall  Estate  as  to  pay  his  just  Debts 
and  settle  with  the  several  Creditor's  of  said  Estate,  he  to  be  Ac- 
countable to  the  Court.     \_Passed  April  19. 


CHAPTER    541. 


Legislative 
Records  of  tlie 
Council,  xxi., 
525. 

House  Jour- 
nal, pp.  411, 449. 


VOTE  ALLOWESTG  £110.  15.  8  AND  A  FURTHER    SUM    OF    £15    TO    JOSEPH 
PEABODY,  COMMISSARY. 

It  appearing  to  this  Court  That  Joseph  Peabody,  Commissary 
to  a  Eegiment  on  the  late  Expedition  against  Crown  Point  charges 
the  Government  with  the  Sum  of  Eight  hundred  and  thirty  eight 
Pounds  one  shilling  &  two  Pence  due  to  ballance  his  Account,  cheifly 
saved  out  of  the  Soldiers  Allowance,  which  ought  to  have  been  for 
the  benefit  of  the  Government,  &  not  of  the  Commissary.  And  whereas 
he  advanced  out  of  his  own  money  in  sundry  Articles  delivered  to 
the  Soldiers  the  Sum  of  One  hundred  &  ten  pounds  fifteen  shillings 
&  eight  pence,  which  this  Government  hath  received  the  benefit 
of  Therefore 

Voted  That  the  said  Sum  of  One  hundred  &  ten  pounds  fifteen 
shillings  and  eight  pence;  as  also  the  further  Sum  of  Fifteen  Pounds 
for  cloathing  that  he  left  more  than  is  charged  in  his  account  be 
allowed  him  in  his  said  Accounts  &  no  more.     [^Passed  April  19. 


CHAPTER    542 


Legislative 
Records  of  the 
Council,  xxi., 
526. 

House  Jour- 
nal, p.  449. 


VOTE  ALLOWING   £161   TO  ISAAC  THOMAS,  COMMISSARY. 

It  APPEARING  to  this  Court  that  Isaac  Thomas,  one  of  the  Com- 
misaries  in  the  late  Expedition  against  Crown  Point  charges  the 
Government  with  the  Sum  of  Five  hundred  and  three  Pounds  eleven 
shillings  &  four  pence  due  to  ballance  his  account,  a  considerable 
part  whereof  was  a  saving  out  of  the  Soldiers  Allowance,  &  ought 
to  be  for  the  benefit  of  the  Government,  &  not  of  the  Commissary. 
And  whereas  the  said  Thomas  has  advanced  in  sundry  Articles  deliv- 
ered to  said  Soldiers  the  Sum  of  One  hundred  &  sixty  one  pounds 
which  the  Government  hath  received  the  benefit  of  Therefore 

Voted  That  the  said  Sum  of  One  hundred  &  sixty  one  Pounds  be 
allowed  him  in  his  said  Accounts  &  no  more.     [Passed  A2Jril  19. 

>  Sic. 


[5th  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1756-57.  747 


CHAPTEE    543. 

ORDER  DIRECTING    THE    COMMITTEE    OF    WAR    TO    PROVIDE    NECES- 
SARIES  FOR   THE   SOLDIERS   UNDER   THE   EARL   OF   LOUDOUN. 

Ordered  That  the  Committee  of  War  be  directed  to  procure  and  Reford"ofth 
put  into  the  liauds  of  the  Commissary  of  the  Forces  of  this  Prov-  council,  xxi., 
ince  raised  for  his  Majestys  Service  under  the  command  of  his  Ex-  Arciiwes?' 
cellency  the  Earl  of  Loudoun  such  Articles  as  they  shall  apprehend  lxxyj.,  t;u7. 
will  be  for  the  Service  and  comfort  of  the  Soldiers  and  are  not  pro-  House  Jour- 
vided  for  by  the  Crown.     \^Passed  Ajjril  19.  Swief p.'443, 

chap.  282. 


CHAPTER    544. 

ORDER  EMPOWERING    ABIGAIL    HOLBROOK,  GUARDIAN,  TO    SELL    REAL 

ESTATE. 

A  Petition  of  Abigail  Holbrook,  Guardian  to  sundry  of  the  Legislative 
Minor  Children  of  Jonathan  Holbrook  late  of  Sherburn  dec*^  pray-  councif.  xli!"® 
ing  for  Liberty  to  make  Sale  of  part  of  the  Eeal  Estate  of  the  sos    Mass'.  "' 
deceased  in  Order  for  her  discharging  the  Debts  incurr'd  by  the  429?  ^^^^'  ^^^'' 
Maintenance  of  the  said  Minors.  Mas!  ' 

It  appearing  the  several  Persons  interested  in  the  within  named  ^g''43o'^\e^^g' 
Deceased's  Estate,  or  otherwise  concern'd,  have  been  duly  notifyed  lative  Records 
to  make  answer  thereto,  and  no  answer  being  made,  or  objection  xli.^527°""*'^^' 

offer'd,  ^°i"'fj'^''22'^4^3 

Order''d,  that  the  Prayer  thereof  be  so  far  granted  as  that  the  p'rovince'  ' 
Petitioner  in  her  said  Capacity  be  &  she  is  hereby  impowered  to  ^hl^%o.'' ^^^' 
make  Sale  to  as  good  advantage  as  may  be  of  such  part  of  the  said 
Deceased's  Eeal  Estate  (not  exceeding  fifteen  acres)  as  can  be  spared 
with  least  prejudice  to  the  whole,  she  giving  previous  publick  notice 
of  the  intended  Sale  in  time  &  manner  as  the  Law  respecting  the 
Sale  of  Real  Estates  by  Executors  &  administrators  doth  direct  and 
giving  due  Caution  to  the  Judge  of  Probate  for  meddlesex  that  the 
Proceeds  of  such  Sale  shall  be  truly  applyed  for  the  Purposes  in  said 
Petition  mentioned;  and  that  she  be  accountable  to  him  for  her  Pro- 
ceedings in  the  Premises  when  thereto  required.    [Passed  April  19. 


CHAPTER    545. 

ORDER'  OF  NOTICE  ON  PETITION    OF    THE    TOWN    OF    WATERTOWN    IN 
REGARD  TO  ANNEXING  PERSONS  AND   ESTATES. 

A  Petition  of  a  Committee  of  the  Town  of  Watertown     Setting  Legislative 
forth,  that  this  Court  were  lately  pleased  to  take  off  from  said  Town  counctf  xxi!^^ 
a  number  of  their  Inhabitants  together  with  six  hundred  Acres  of  ^27.  Mass. 
Land  and  annex  them  to  the  Town  of  Cambridge  to  enable  them  cxvii!r93.' 
to  build  a  new  Meeting  House,   that  the  Town  of  AYatertown  has  Mass.  ' 

since  lost  their  Meeting  House  by  Fire,  and  been  at  great  charge  ^x^^^fi^^lfljoo 


748 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  546,  547.] 


House  Jour- 
nal, p.  452. 
Ante,  p.  154, 
chap.  361. 


in  building  of  another  Therefore  praying  that  their  late  Inhabi- 
tants &  their  Estates  may  be  restored  to  them,  or  that  a  Number 
of  the  Inhabitants  of  Newtown  who  lye  adjacent,  and  are  willing 
to  come  to  Watertown,  may  with  their  Estates  be  annexed  thereto, 
together  with  a  peice  of  Marsh  lying  in  Cambridge,  but  cheifly 
owned  by  Inhabitants  of  Watertown. 

Eead  and 

Ordered  That  the  Petitioners  serve  the  Clerks  of  the  Towns  of 
Cambridge  &  Newton  with  attested  Copies  of  this  Petition  that 
they  shew  Cause  if  any  they  have,  on  the  second  Wednesday  of  the 
next  May  sessions,  why  the  Prayer  of  this  Petition  should  not  be 
granted.'     [^Passed  A^jril  19. 


CHAPTEE    546. 


ORDER  IMPOWERING  JOHN   CUNINGHAM,  EXECUTOR,  TO  EXECUTE    A 

DEED. 


Legislative 
Records  of  the 
Council,  xxi., 

528. 

House  Jour- 
nal, pp.  447, 451. 


A  Petition  of  John  Cunningham  Executor  of  the  Testament 
of  Hugh  Cunningham  late  of  Spencer  in  the  County  of  Worcester 
deceased,  and  William  Bemis  of  said  Spencer  Setting  forth  That 
the  said  Hugh  in  his  Life  time  sold  to  said  William  two  Acres  & 
one  hundred  &  thirty  eight  perch  of  Meadow  in  said  Spencer  for 
five  pounds  fifteen  shillings  &  received  the  said  Sum,  but  died  before 
he  had  executed  a  deed  for  the  same.  And  praying  that  said  John 
as  Executor  may  be  impowered  to  execute  a  proper  deed  of  con- 
veyance of  said  Meadow  agreeable  to  Contract, 

Eead  and 

Ordered  That  the  prayer  of  this  Petition  be  granted,  and  that 
the  said  John  Cuningham  be.  &  he  hereby  is  impowered  in  his  said 
Capacity  to  make  &  execute  a  good  and  sufficient  deed  to  the  said 
William  Bemis  of  the  Land  within  mentioned,  &  that  the  same 
be  k  hereby  is  declared  to  be  as  good  and  \alid  in  the  Law  to  all 
Intents,  &  purposes  whatsoever,  as  if  the  said  Hugh  Cuningham 
had  made  the  same  in  his  Life  time.     [Passed  April  19. 


CHAPTEE    547. 


VOTE  FOR  REMOVING  JOHN  PELERINE   AND  FAMILY  FROM  PLYMOUTH 

TO   WAREHAM. 


Legislative 
Records  of  the 
Council,  xxi., 

528.    Mass. 
Archives, 
xxiii.,  393. 

House  Jour- 
nal, p.  454. 
Province 
Laws,  ill.,  1061, 
note.    Ante, 
p.  723,  chap. 
484. 


Wheras  Charles  muze  &  family  Some  of  the  french  Neutrals 
were  ordered  by  a  Vote  of  this  Court,  of  the  8""  of  Feb^  last  to 
be  Eemoved  from  Plymouth  to  wareham  but  have  been  since  Ee- 
moved  to  marshfeild  Which  Eemoval  has  been  approved  of  by  this 
Court,  and  there  being  still  a  Considerable  Number  of  said  french 
Neutrals  at  Plymouth,  &  none  in  the  Town  of  wareham. 

Voted  that  the  select  men  of  Plymouth  Eemove  John  Pelerine  & 
wife  &  Children  supposed  to  be  five  in  Number,  a  family  of  said 

'  At  the  hearing,  June  2,  1757,  this  petition  was  dismissed. 


[5th  Sess.]     Province  Laws  {Resolves^  etc.).  —  1756-57.  749 

French  Neutrals  to  the  Town  of  wareham  and  that  the  select  men 
of  the  Town  of  Wareham  be  &  hereby  are  directed  to  Eeceive  them 
&  provide  for  them  as  the  Law  Directs.     \^Passed  April  19. 


CHAPTER    548. 

VOTE   ALLOWING   THE   MUSTER   ROLL   OF   ENSIGN   JAMES   CARR. 

A  PETITION"  of  James  Carr,  shewing  that  he  received  a  Commis-  House  Jour- 
sion  as  Ensign  for  the  600  Eecruits  for  the   Groivn-Point  Army  in  ^faef'  *^"' 
August  last,  and  in  September  (when  the  said  Recruits  marched)  Archives, xcv., 

he  was  ordered  to  tarry  at  Boston.,  to  collect  and  receive  the  Ee — '- 

mainder  of  them,  which  Service  he  attended  till  the  8th  of  Nov.  Archives,  xcv., 
following,  and  kept  them  at  Castle-  William,  when  he  received  Orders  tf^e  Recor^^fof 
from  the  late  Lieut.  Governour,  to  dismiss  them;  that  the  Muster-  the  council, 
EoU  he  made  up  for  said  Men  has  been  dis-allowed  by  the  Committee  House^iour!' 
of  the  House,  none  by  Vote  of  the  Court  being  intitled  to  Pay,  but  ^^I'^^^f^''^^' 
such  as  actually  Joined  the  Army;  and  praying  the  said  Eoll  may  p. 542, chaj). 3i; 
be  allowed,  the  said  Vote  notwithstanding.  P^^a.chap. 

Eead  and 

Voted,  That  this  Eoll  be  allowed,  And  that  the  Wages  of  the  sev- 
eral  persons  borne  therein  be  paid  to  them  respectively  out  of  the 
Province  Treasury  excepting  Jonathan  Conant,  Benjamin  Eobbins, 
Moses  Spofford  &  Jonathan  Page  and  that  there  be  no  allowance 
made  them.     [Passed  April  19. 


CHAPTER    549. 

ORDER   ALLOWING   £24.  16   TO   LIEU^  WILLIAM   BULLOCK. 

A  Petition  of  William  Bullock  of  Eehoboth  Capt''  Leiutenant  in  Legislative 
the  Crown  Point  Expedition  in  1756  in  Maj'  Houses  Company    Set-  counc*if  xx*l  ® 
ting  forth  That  being  taken  sick  on  a  Scout  to  South  Bay  he  obtained  529.  Mass. 
leave  of  his  Colonel  on  the  2*^  Sepf  to  go  to  Albany,  where  continuing  ixx^vi.Tefii. 
sick  and  having  an  oportunity  of  a  conveyance  by  Water  within  five  mJxbs.  ~ 

miles  of  his  own  house,  he  embraced  the  same  and  arrived  there  on  the  ^^^^|^j'^6|r2  664 
31  of  said  month,  where  he  lay  sick  for  about  two  months         And  House  Jour- 
praying  that  he  may  be  allowed  to  receive  his  Wages,  &  the  expences  as,'!^'.*^^'*^^' 
he  was  at  in  inlisting  thirty  eight  men,  and  for  his  own  subsistence. 

Eead  and 

Ordered,  That  the  Prayer  of  y^  Petition  be  so  far  granted,  as  That 
the  Petitioner  be  allowed  to  receive  out  of  the  Province  Treasury 
his  Wages  as  a  Lieutenant  from  y*^  18.  day  of  Feb:  1755  to  y®  31 
Day  of  Sep^  1756,  amounting  to  y*  sum  of  twenty  four  pounds  Six- 
teen Shillings.     [Passed  April  19. 


750 


Province  Laws  {Resolves ,etc.).  — 1756-57.  [ Chaps .  5 5 0-5 52.] 


CHAPTER    550. 


ORDER  ALLOWING   SUNDRY  AMOUNTS   TO  DIVERS  PERSONS. 


Legislative 
Records  of  the 
Council,  xxi., 

629. 

Executive 
Records  of  the 
Council,  xiii., 
230.    House 
Journal,  p.  450. 


On  the  Petitions  of  Philip  Liscomb,  &  others,  Soldiers  in 
the  Crown  Point  Expedition  in  1755  praying  allowance  for  sundry 
Expences. 

Ordered  That  there  be  allowed  &  paid  out  of  the  Public  Treasury 
to  M""  Eichard  Bailey  for  the  use  of  Philip  Liscomb  eighteen  shil- 
lings, &  for  the  use  of  Stewart  Esty  thirty  shillings  to  John  Quincy 
Esq""  for  the  use  of  John  King  thirty  two  shillings  &  to  John  Worth- 
ington  Esq""  for  the  use  of  Deliverance  Atchinson  twelve  shillings 
in  full  consideration  of  their  Expences  in  1755  mentioned  in  their 
respective  Petitions.     \^Passed  April  19. 


CHAPTER    551. 

ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

Record^ofthe       ^^  ^^^  PETITIONS  of  Mathew  Noblc  &  Others,  Soldiers  in  the 
Council,  xxi.,    Crown  Point  Expedition  in  1756  praying  Allowance  for  sundry 

^^ Expences. 

ArcWves,  Ordered  that  there  be  allowed  and  paid  out  of  the  Public  Treas- 

ixxvi.,  399, 400,  ury  to  Eldad  Taylor  Esq""  for  the  use  of  Mathew  Noble  three  Pounds 

479  480  481  4S2  J  x 

49i|642!  House  four  shillings,  for  the  use  of  Samuel  Bancroft  three  Pounds  ten 
Journal, p. 450.  shillings,  &  for  the  use  of  Abiathar  Jones  thirty  shillings;  to  M' 
Amos  Fuller  for  the  use  of  John  Clark  thirteen  shillings  &  four 
pence;  to  Capt°  Solomon  Pepper  for  the  use  of  Samuel  Baty  three 
pounds  five  shillings  &  six  pence :  to  James  Eussell  Esq''  for  the  use 
of  John  Turner  fifty  two  shillings  to  John  Smith  twelve  Pounds : 
to  Nathanael  Jones  forty  seven  shillings  &  four  pence ;  and  to  Enos 
Howe  four  pounds  five  shillings  »&  four  pence;  in  full  consideration 
of  their  Expences  on  the  Expedition  against  Crown  Point  in  the  year 
1756  in  their  Petitions  respectively  mentioned.      \_Passed  April  19. 


CHAPTER    552. 


ORDER  ALLOWING   £11.  4   TO   HEZEKIAH   GATES. 


Legislative 
Records  of  the 
Council,  xxi., 
530.    Mass. 
Archives, 
Ixxvi.,  417. 

IMass. 
Archives, 
Ixxvi.,  416. 
House  Jour- 
nal, p.  235 
(.January, 
17.57) ;  pp.  444, 
445,  453. 


A  Petition  of  Hezekiah  Gates  Setting  forth  that  he  was  em- 
ployed at  Albany  in  1756  to  deal  out  Provisions  to  Col°  Bagleys 
regiment  for  which  Service  he  was  paid  up  to  the  23*^  Sept%  except- 
ing that  he  was  to  be  made  up  in  Capt°  Houghtons  Muster  Poll 
equal  to  other  Soldiers,  at  which  Eate  his  Pay  amounts  to  Eleven 
pounds  four  shillings,  which  charge  however  having  been  disallowed 
by  the  Committee  for  Muster  Eolls  He  prays  the  Consideration  of 
this  Court  &  an  Allowance  of  said  charge,  as  also  of  the  Charge  of 
his  subsistence  on  his  return  home. 

Eead  and 

Ordered^  that  there  be  allowed  and  paid  out  of  y*  public  Treas- 


[5th  Sess.]     Province  IjAw^  {^Resolves,  etc.).  — 1756-57.  751 

iiry  to  William  Richardson  Esq''  for  y''  Use  of  the  Petitioner  the 
sum  of  Eleven  pounds  four  shillings  in  full  Consideration  of  his 
services  Mentioned.      [^Passed  April  19. 


CHAPTER    553. 

ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  PAY  TO  SAMUEL 
COLE,  ABEL  WHITNEY,  JOHN  NASON,  AND  JACOB  ROYALL,  FOUR  DOL- 
LARS  EACH. 

A  Petition  of  Enoch  Preeman  of  Falmouth  in  the  County  of  Legislative 

KGCorcls  of  tn6 

York  Esq'     Shewing  that  several  Soldiers  belonging  to  CoP  Cush-  Council,  xxi., 

ings  Regiment,  have  inlisted  themselves  into  his  Majesty's  Service  — 

for  the  present  Camj^aign,  who  were  employed  on  the  Frontiers  nai"p^445^ 
within  three  years  past,  whereby  they  were  intituled  to  ten  dollars  Province 
Bounty,  but  through  mistake  have  received  six  dollars  only,  &  pray-  note.^'commis- 
ing  that  they  may  be  allowed  the  remaining  four  dollars  agreeable  mation^™tc* 
to  the  Encouragement  given  by  this  Government.  1734-1757, vol'. 

Read&  "-P-^^^- 

Ordered  That  the  Treasurer  be  directed  to  pay  to  the  Memorialist 
for  the  use  of  Samuel  Cole,  Abel  Whitney,  John  Nason,  &  Jacob 
Royall,  four  dollars  each,  to  make  up  the  deficiency  of  their  bounty 
money  as  mentioned.     \^Passed  Ajjril  19. 


CHAPTEE    554. 

ORDER  ALLOWING  35/  TO  W*  WHITE   AND   THE    WAGES   OF  HIS   SON  IN 

FULL. 

A  Petition  of  William  White  Setting  forth  that  his  Son  Legislative 

Elijah  White  was  a  Soldier  in  the  Crown  Point  Expedition  in  the  councif  xxf^^ 
year  1756,  that  upon  receipt  of  a  Letter  from  his  said  Son  dated  ssi.   Mass. 
Octo"'  30""  informing  of  his  being  sick  at  Albany  he  immediately  ix^vi'^.I^ae. 
sent  a  Man  up  there  to  take  the  care  of  him,  but  that  the  said  Mass. 
Elijah  died  before  he  got  there,  &  that  his  Gun,  &  wearing  Apparell  ^^^/^^l^ 
were  lost     Therefore  praying  that  he  may  be  allowed  the  expence  House  Jo'u'r- 
of  sending  to  his  Son,  &  also  the  Sum  of  Four  Pounds  which  was  AntF,'p^e95, 
deducted  from  his  Wages  on  account  of  said  Gun.  chap.  4i6. 

Read  and 

Ordered  That  there  be  allowed  &  paid  out  of  y®  public  Treasury 
to  Cap*  Phin:  Lovett  for  y®  Use  of  y^  Pet"^  thirty  five  shilP  in  Con- 
sideration of  y^  Expences  Mentioned  And  Also  y®  full  Wages 
of  y®  s*^  Elijah  White  his  Arms  not  being  returned  notwithstanding. 
[Passed  April  19. 


CHAPTER    555. 


ORDER  ALLOWING  45/4  TO  JOHN  JONES.  Legislative 

Records  of  the 
Council,  xxl., 

A  Petitiois[  of  John  Jones  of  Granvillee  in  the  County  of  Hamp-  532.  Mass. 
shire     Setting  forth  that  he  inlisted  for  the  Crown  Point  Expedi-  ixxvClek 


tion  in  1756,  &  having  been  in  the  Expedition  the  year  preceeding  Mass. 


Archives, 


752 


Province  Laws  {Resolves^  etc.) .  — 1756-57.  [Chaps.  556,  557. J 


ixxyi.,  467.       was  intitled  to  half  Pay  during  the  intervening  time,  but  that  the 
iecordrof  the  Same  was  omitted  in  the  Muster  Eoll  Therefore  praying  Releif . 
coungi,^xiii,        ijead  and 

Journal,  Ordered  That  there  be  allowed  &  paid  out  of  y*  public  Treasury 

X«efp  *^*^*  to  the  Pet'  y''  sum  of  forty  five  ShilP  &  four  pence  in  full  of  the 

chap.  299.         half  pay  he  was  intitled  to  on  his  entering  into  y''  service  on  y^ 

Crown  point  Exped"  the  last  Year.     \^Passed  April  19. 


CHAPTER    556. 


Legislative 
Records  of  the 
Council,  xxi., 
532.    Mass. 
Archives,  xix., 
549. 

Mass. 

Archives,  xlx., 
548.    House 
Journal, 
pp.  432, 454. 
Province 
Laws,  ii.,  151, 
chap.  10. 


ORDER  IMPOWERING  W*  RICE,  GUARDIAN,  TO  SELL  LAND. 

A  Petition  of  William  Eice  of  Sudbury  Setting  forth  That 

he  was  appointed  Guardian  to  Rezinah  and  Phoebe  Hayden  Minors, 
&  daughters  to  one  Nathanael  Hayden  late  of  Sudbury  deceased. 
And  that  said  Minors  are  interested  two  fifths  parts  in  Five  Acres 
of  Land  in  Concord,  which  the  Petitioner  apprehends  would  be 
most  for  their  Interest  to  have  sold ;  &  praying  that  he  may  have 
power  to  sell  the  same  accordingly. 

Read  and 

Ordered  That  y®  prayer  of  this  pef^  be  granted ;  and  That  y'^  Pet" 
be  &  hereby  is  Authorized  to  sell  the  said  two  fifths  of  five  Acres  of 
Land  he  Observing  the  Directions  of  y*  Law  for  Exec"  or  Admin" 
selling  their  Testators  or  Intestates  reall  Estates  by  Licence  of  y^ 
superior  Court  And  to  execute  a  Deed  of  Conveyance  thereof  which 
shall  be  good  &  valid  in  y^  Law  to  all  intents  &  purposes  whatsoever, 
he  to  be  Accountable  to  the  Judge  of  Probate  for  y*  County  of  Midd^ 
for  the  proceeds  thereof.'     {^Passed  April  19. 


CHAPTER    557. 


ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  PAY  TO  JOB  BONNET 
THE   WAGES  DUE  HIS  SON. 


Legislative 
Records  of  the 
Council,  xxl., 
533.    Mass. 
Archives, 
Ixxvi.,  620. 

House  Jour- 
nal, p.  452. 


A  Petition  of  Job  Bonney  of  Pembroke  Setting  forth  That 
his  Son  Jonathan  Bonney  was  a  Soldier  in  the  Crown  Point  Expe- 
dition in  1756  &  died  at  Lake  George  about  two  or  three  days  after 
the  Army  was  disbanded,  being  about  nineteen  years  of  age,  &  pray- 
ing that  he  the  said  Job  may  be  impowered  to  receive  his  said  Son's 
Wages. 

Read  and 

Ordered^  That  the  Treasurer  be  &  he  hereby  is  directed  to  pay  to 
the  Petitioner  the  Wages  due  on  Cap*  Clesson's  muster-Roll  to  his 
son  Jonathan  deceased.     \^Passed  April  19. 

^  Manuscript  mutilated. 


[5th  Sess.]     Province  Laws  (^Resolves,  etc.).  —  1756-57.  753 


CHAPTEK    558. 

ORDER  ALLOWING  TO  EPHRAIM  HAYWARD  THE  WAGES  OF  NATHANAEL 

SEELEY. 

A  Petition  of  Ephraim  Hayward  of  Western     Setting  forth  Refofde'of  the 
That  he  received  an  Order  from  John  Blair  for  the  Wages  due  to  council,  xxi., 

Nathanael  Seelye  together  with  said  Seleye's  order  to  said  Blair  -^ . 

for  the  same,  being  for  his  Service  in  the  Kennebeck  Expedition  SaTpp^sTMsa, 
in  the  year  1754;  but  that  so  it  happened  that  the  Treasurer  had  paid  453, 454. 
the  greatest  part  of  said  Wages  upon  a  pretended  Order  in  favour 
of  one  William  Oliver.  &  praying  for  Releif. 

Read  and 

Ordered  That  the  Prayer  of  this  Petition  be  granted  «&  that  there 
be  allowed  and  paid  out  of  the  public  Treasury  to  Capt"  Jabez  Upham 
for  the  use  of  the  Petitioner  the  Wages  of  Nathanael  Seelye  as  made 
up  in  the  Muster  Roll  mentioned.     \^Passed  April  19. 


CHAPTER    559. 

ORDER  ALLOWING  £150  TO  THE  EXECUTORS  OF  JOSIAH  WILLARD,  LATE 

SECRETARY. 

A  Petition  of  Hannah  Willard  Executrix,  William  Willard  and  R^fordB^of  j^e 
Henry  Gibbs  Executors  of  the  last  will  &  testament  of  the  hon-  council,  xxi., 
curable  Josiah  Willard  Esq""  deceased,  late  Secretary  of  this  Prov-  Archiv^es^.^xix., 

ince    Setting  forth  That  the  said  Josiah  Willard  was  first  appointed  ^^ 

Secretary  of  the  Province  by  his  late  Majesty  in  the  third  year  of  Mass. 
his  Reign,  which  Office  he  faithfully  executed  until  the  time  of  his  453,457,560.  '  " 
death  for  upwards  of  thirty  nine  years,  &  received  from  time  to  Rlfords'of  the 
time  such  Grants  out  of  the  public  Treasury  for  his  said  Service  Council,  x., 
as  the  Great  and  General  Court  were  pleased  to  order.  That  the  journal, 
said  Josiah  unwilling  to  give  the  least  uneasiness  to  the  People  pp-3«.456. 
avoided  taking  such  Fees  in  his  Office  as  he  might  justly  have 
demanded,  so  that  notwithstanding  the  aforesaid  Grants,  &  Fees 
of  his  Office,  he  has  spent  a  great  part  of  his  own  Estate  during 
his  Continuance  therein  Therefore  praying  that  his  long  and 

faithful  Services  may  be  taken  into  consideration,  &  a  Grant  made 
to  his  Family  as  may  be  judged  reasonable. 

Read  and 

Ordered,  That  there  be  allowed  and  paid  out  of  the  Public  Treas- 
ury to  the  Memorialists  in  their  said  Capacity  the  Sum  of  One  hun- 
dred &  fifty  Pounds  to  be  by  them  disposed  of  as  the  rest  of  the 
personal  Estate  of  the  said  dec"^  agreeable  to  his  last  Will  &  Testa- 
ment, in  Consideration  of  His  long  &  faithful  Services  in  his  said 
Office.     [^Passed  April  19. 


754 


Province  Laws  {Besolves, etc).  — 1756-57.  [Chaps.  560-563.] 


CHAPTEE    560. 


Legislative 
Kecords  of  the 
Council,  xxi., 
534.    Mass. 
Archives, 
Ixxvl.,  363. 

Mass. 
Archives, 
Ixxvi.,  363. 
Executive 
Records  of  the 
Council,  xiii., 
240.   House 
Journal,  p.  450. 
Ante,  p.  695, 
chap.  416. 


ORDER    DIRECTING    THE    PROVINCE    TREASURER    TO    PAY   £4.  2.  8     TO 
HANNAH   THAYER,  ALSO   THE   WAGES  OF  OLIVER  THAYER  IN  I'ULL. 

A  Petition  of  Hannah  Thayer,  Widow  of  Oliver  Thayer  late  of 
Mendom  deceased  Setting  forth  that  her  said  late  Husband  was 
in  the  late  Expedition  against  Crown  Point  in  1756  &  was  brought 
home  sick  &  helpless,  by  which  means  he  lost  his  Gun,  with  other 
things  of  value  of  his  own,  «&  was  at  great  expences  for  Nurses, 
Doctors  &*^  and  praying  Releif. 

Eead  and 

Ordered,  That  the  Treasurer  be  directed  to  pay  to  Cap*  Phin^ 
Lovett  for  y®  nse  of  y®  Pef  y^  sum  of  four  pounds  two  shilP  & 
eight  pence  in  Consideration  of  y*^  Expences  mentioned  And 

Also  y"  full  Wages  of  Oliver  Thayer  dec"^  his  Arms  not  being  returned 
Notwithstanding,     \^Passed  *  April  19. 


CHAPTEE    561. 


Legislative 
Kecords  of  the 
Council,  xxi., 
534.    Mass. 
Archives, 
xxiii.,  3892. 

House  Jour- 
nal, p.  455. 


VOTE  FOR  REMOVING  PETER  BODROIT  &  FAMILY  FROM  THE  TOWN  OF 
SCITUATE   TO   THE   TOWN   OF  DUDLEY. 

Voted,  That  Peter  Bodroitt  his  Wife  and  five  Children  seven  in 
the  whole,  be  removed  at  the  Charge  of  the  Town  of  Scituate  from 
y^  Town  of  Scituate  to  the  Town  of  Dudley,  and  be  Committed  to 
the  Care  of  M"^  Jedidiah  Marcy  of  that  Town.     \^Passed  April  19. 


CHAPTEE    562. 


Legislative 
Records  of  the 
Council,  xxi., 
534.    Mass. 
Archives, 
Ixxvi.,  698. 

House  Jour- 
nal, p.  452. 


VOTE  IN  REGARD  TO  FRAUDS  IN  THE  MUSTER  ROLLS. 

In  Order  to  prevent  fraud  and  deceit  in  any  officers  that  may 
be  employed  by  this  Governm*  under  the  King's  General  the  present 
Year  when  the  Muster  Polls  shall  be  presented  for  payment. 

Voted  That  no  charge  that  may  be  made  in  the  Muster  Poll  against 
any  officer  or  Sold""^  or  deduction  from  such  person's  wages  in  favour 
of  the  Cap*  of  such  Company  shall  be  Allowed,  unless  such  Cap* 
shall  produce  a  receipt  from  such  officer  or  Soldier,  or  sufficient 
vouchers  to  support  such  Charge.     \^Passed  Ap)ril  19. 


CHAPTEE    563. 


Mass. 
Archives, 
Ixxvi.,  621. 

House  Jour- 
nal, p.  451. 


ORDER  DIRECTING  THE  PROVINCE   TREASURER    TO    PAY    THE    WAGES 
OF  JOSEPH  CLOUGH  IN  FULL. 

The  PETITION  of  Joseph  Clough  Humbly  Sheweth  that  your 
petitioner  on  the  16  of  July  Last  the  army  being  then  on  their 
march  the  Carriage  of  one  of  the  18  pounders  having  the  main 
Bolt  of  the  Shaft  out  of  Order:  Leivt  Co'^  Hart  who  had  the  Care 
of  the  Cannon  ordered  your  petitioner  to  stand  By  the  Carriage 
with  an  Hammer  as  often  as  occasion  should  Require  By  which 


[5th  Sess.]     Provestce  Laws  (Besolves,  etc.).  — 1756-57.  755 

means  &  By  the  Colonels  order  the  Gun  Was  Deliverd  to  one  of 
his  people  that  to  the  Best  of  his  Knowledge  it  was  Deliver'd  to 
the  Care  of  Major  GofEe  But  according  to  Information  from  Co^^ 
Hart  it  has  not  since  Been  found  Your  petitioner  therefore  Hum- 
bly prays  the  Honb'''  the  Council  &  House  of  Representatives  would 
Consider  the  matter  &  Do  as  in  their  Great  wisdom  they  shall  see 
fit  &  your  petitioner  Shall  Ever  pray 

Joseph  Clough 

Read  and 

Ordered  That  y^  Treasurer  be  directed  to  pay  the  Pef^  his  full 
wages.     [Passed  April  19. 


CHAPTER    564. 

ORDER  IMPOWERING  SIMON  BLOOD,  ADM«,  TO  SELL  REAL  ESTATE  AND 
MAKING  PROVISION   IN  REGARD   TO  THE  PROCEEDS. 

A  Petition  of  Simon  Blood,   administrator  of  the  Estate  of  fe^s^^'?**'^|.^ 

_.  i.-r.-n'  •  r^  cTVT-im  Rccords  01  the 

Samuel   Hopkmg  late   oi    Billerica  m  the    Couiity  oi    Middlesex  Council,  xxi., 
deceased,  Intestate.  Setting  forth   That  the   said   deceased's  Archives^xix., 

just  debts  surmount  the  apprized  value  of  his  Personal  Estate  the  ^_^ 

Sum  of  Thirty  one  pounds  thirteen  shillings ;  that  his  real  Estate  House  Jour, 
was  apprized  at  no  more  than  Sixty  nine  pounds  one  shilling  &  Province ' 
four  pence,  that  a  part  of  the  said  Estate  cannot  be  sold  but  to  ^ba^^'io.''  ^^' 
great  disadvantage 

Therefore  praying  that  he  may  be  impowered  to  sell  the  whole  he 
to  be  accountable. 

Read  and 

Order''d  that  the  Prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  (in  his  said  Capacity)  be  allow'd  &  impowered  to  make  sale 
of  the  Whole  of  the  said  Real  Estate  (to  as  good  advantage  as  may 
be)  for  the  Purposes  in  said  Petition  mentioned ;  He  giving  previous 
Notice  of  such  Sale  in  Time  &  manner  as  the  Law  directs  in  case 
of  the  Sale  of  Real  Estates  by  Executors  &  administrators:  and 
giving  due  Caution  to  the  Judge  of  Probate  for  said  County  that 
the  Proceeds  of  such  sale  (so  far  as  is  necessary)  shall  be  duly 
applyed  for  Payment  of  the  Deceased's  just  Debts;  and  that  the 
Remainder  shall  be  distributed  among  the  Parties  interested  agre- 
able  to  Law.     [Passed  April  20. 


CHAPTER    565. 

ORDER  ESTABLISHING  WAGES  OF  SUNDRY  OFFICERS  UNDER  THE  EARL 

OF  LOUDOUN. 

Ordered  That  the  following  Establishm*  be  made  for  y^  Officers  Legislative 
hereafter  Mentioned  of  y"  Forces  raised  for  his  Majesty's  service  cmmclf,  xx*!*,® 
under  y<=  Command  of  y'  Earl  of  Loudoun,     Viz*  Arcw^is^^' 

That  there  be  allowed  to  a  Chirurgeon  General £14.        >P  m"  JJ — 1^ '. . 

to  three  Chirurgeon's  Mates  — each 5.  11     D"     House  Jour- 

to  the  first  officer  over  the  s-J  Forces 18.          D"     nal,  p.  457. 

to  a  Secretary  to  siJ  Officer  who  is  to  be  Comissary  of  the  Musters  for  Laws^Ui    1080 

the  Army 8.          D'     ^^^   '     •• 

[Passed  April  20. 


756  Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  566-568.] 


CHAPTER    566. 


Legislative 
Records  of  the 
Council,  xxi., 
536.    Mass. 
Archives, 
Ixxvi.,  704. 

House  Jour- 
nal, p.  462. 
Aunals  of 
America,  ii.,  69. 


ORDER  ALLOWING  £100  TO  THE  CHIEF  OFFICER  OF  THE  FORCES »  FOR 
THE   EXPENSE   OF   HIS   TABLE. 

Ordered  That  there  be  allowed  and  paid  out  of  the  public  Treasury 
the  Sum  of  one  hundred  Pounds  to  the  Chief  officer  of  the  Forces 
Eaised  by  this  Province  for  his  Majesty's  Service  under  the  Command 
of  his  ExcellJ'  the  Earl  of  Loudoun  (for  the  Expence  of  his  Table) 
on  the  present  Expedition.     \^Passed  A^jril  20. 


CHAPTER    567. 


ORDER  GRANTING  THE  PETITION  OF  PHILIP  WALKER  IN  REGARD    TO 

ENLISTMENTS   ETC. 


Legislative 
Records  of  the 
Council,  xxi., 
537.    Mass. 
Archives, 
Ixxvi.,  644. 

Mass. 
Archives, 
Ixxvi.,  643. 
Executive 
Records  of  the 
Council,  xiii., 
240,241.   House 
Journal, 
pp.  432,  459. 


A  Petition  of  Philip  Walker  of  Rehoboth  Praying  an  Allow- 
ance for  inlisting  fifty  nine  Soldiers  in  1755  for  reinforcing  the 
Army  at  Lake  George,  &  for  himself  finding  his  own  Gun  in  the 
years  1755.  &  1756,  and  for  two  other  Officers  finding  their  own 
Guns  in  1755,  &  likewise  praying  an  Allowance  to  Joseph  Walker 
who  was  made  up  short  in  the  Muster-Eoll  in  1756. 

[Read  &] 

Ordered  that  the  Province  Treas''  be  &  hereby  is  Directed  to  pay 
to  to  ^  the  Petetioner  the  Sum  of  four  pounds  Seven  Shillings,  for 
the  use  of  Timothy  Walker  for  his  Enlisting  fifty  Eight  Soldiers 
as  Also  thirty  six  shilP  for  sundry  persons  finding  their  own  Guns 
in  1755.  &  Three  ShilP  for  the  petit"  finding  his  own  Gun  in  1756 
as  Mentioned  as  also  the  Sum  of  Three  pounds  nineteen  ShilP  & 
Eight  pence  being  what  Joseph  Walker  was  made  up  Short  in  Maj"" 
Houses  Rool  in  1756.     \Passed  April  20. 


CHAPTER    568. 


ORDER  DIRECTING  THE  PROVINCE    TREASURER    TO    PAY    THE    WAGES 
OF   JOHN   BREDEN,  JR.,  IN   FULL. 


Legislative 
Records  of  the 
Council,  xxi., 
537.    Mass. 
Archives, 
Ixxvi.,  674. 

Mass. 
Archives, 
Ixxvi.,  674. 
House  Jour- 
nal, p.  460. 
Ante,  p.  695, 
chap.  416. 


A  Petition  of  Samuel  Breden  of  Maiden  Setting  forth  that 
his  Son  John  Breden  jun""  a  Soldier  in  the  Crown  Point  Expedi- 
tion in  the  year  1756,  died  at  Plymouth  upon  his  return  home, 
that  his  Gun  was  lost,  &  that  the  Petitioner  can  give  no  account 
of  it  Therefore  praying  that  he  may  receive  his  said  Son's 

Wages  without  any  deduction  for  the  loss  of  his  Gun. 

Read  and 

Ordered  That  y*  Treasurer  be  directed  to  pay  to  M"  Benj'^  Hills 
for  y*  use  of  y''  Pef  the  full  of  y*"  wages  due  to  his  son  on  the  last 
Crown  point  Exped"  his  Arms  not  being  returned  notwithstanding. 
[Passed  April  20. 

*  Major  General  John  Wilson. 
"^  Sic. 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  757 

CHAPTER    569. 

ORDER   ALLOWING   £4   TO   NATHANIEL   LOW. 

A  Petition  of  Nathanael  Low  of  Topsfeild    Setting  forth  That  R^f'^d^®,,, 
he  ent'red  into  the  Kings  Service  on  the  Crown  Point  Expedition  Council,  xxi., 
sometime  in  August  h^st;  that  he  marclied  as  far  as  tlie  Half-moon  Archiws^^" 
where  he  was  ordered  to  tend  the  sick  whicli  prevented  his  being  'xxvi.,  679. 
mustered  with  the  Company,   &  so  of  his  being  made  up  in  the  Mass. 
Muster  Roll,  although  he  continued  in  the  Service,  discharging  the  ix^vlT679. 
duty  assigned  him  till  the  other  Troops  were  dismissed,  &  did  not  nai"ppf43i^460. 
return  home  till  the  latter  end  of  November  Therefore  praying 
Releif. 

Read  and 

Ordered  That  there  be  allowed  &  paid  out  of  y®  public  Treasury 
to  M''  Elijah  Porter  for  y*  use  of  y®  Pet"  y"  sum  of  four  poiinds  in 
full  of  his  services  on  y"  last  Exped"  against  Crown-point.  [^Passed 
April  20. 


CHAPTER    570. 

ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  PAY  AARON  CLARK 
HIS  WAGES  IN  FULL. 

A  Petition  of  Aaron  Clark  of  Sturbridge.         Setting  forth  That  R^ford^of  th 
he  was  a  Soldier  in  the  Crown  Point  Expedition  in  the  year  1756,  council,  xxi., 
&  on  his  return  home  in  November  he  was  so  ill  at  Green  Bush  as  Archives^^' 
to  be  incapable  of  taking  care  of  himself  or  his  affairs,  &  that  his  ixxvi.,  525. 
Gun  was  then  lost  for  which  there  is  a  Stoppage  of  four  pounds  from  Mass. 
his  Wages,  which  he  prays  may  be  taken  off.  ixxvV.Tll's. 

■Rpq,]  nnrl  House  Jour- 

jieau  ana  ^^^j^  ^^  4g2_ 

Ordered  That  y^  Treasurer  be  directed  to  pay  to  Moses  Marcy  Esq'"  -^nte,  p.  695, 
for  y^  Use  of  y**  Pet"  the  Whole  of  his  Wages  in  y^  last  Crown  p*  ^  ^'^' 
Exped"  his  Arms  not  being  returned  notwithstanding.      \_Passed 
April  20. 


CHAPTER    571. 

ORDER  ALLOWING   £1.  8  TO   WILLIAM    PULLING. 

A  Petition  of  William  Pulling  of  Smithfeild  in  the  Colony  of  ^^s'^iative 

_,,      -iTT        T       m    ,  ,  •         r.,1,11  01T         •       l^        /-<  Records  of  the 

Rhode  Island     Setting  lorth  that  he  was  a  Soldier  m  the  Crown  Council,  xxi., 
Point  Expedition  in  1756  under  Capt°  James  House  in  the  Pay  of  ArchWes^,^' 
this  Province,  &  found  his  own  Gun;  that  he  was  made  up  in  the  ixxvi., 703. 
Muster  Roll  twenty  days  short  of  the  time  he  was  actually  in  the  Mass. 
Service.  And  praying  an  Allowance  on  account  thereof.  ixxvi.,702. 

[Read  &]  nal,pp.432,459. 

Ordered,  that  there  be  allowed  &  paid  out  of  the  Publick  Treas- 
ury to  y^  Petitioner  the  sum  of  twenty  five  Shillings  for  what  he 
was  made  up  Short  in  the  Muster  Roal.  as  also  Three  Shillings  for 
finding  his  own  Gun  on  y"  last  Crown  p''  Exped"  making  one  pound 
Eight  Shillings  in  the  whole.     [Passed  April  20. 


758 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  572-574.] 


Legislative 
Records  of  the 
Council,  xxi., 
539.    Mass. 
Archives,  cxx., 
184. 

House  Jour- 
nal, pp.462, 463. 
Ante,  p.  614, 
chap.  210. 


CHAPTEE    572. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  ON 
TEA,  COFFEE,  &c.,  FOR  THE  COUNTY  OF  BRISTOL  AND  ALLOWING  30/ 
FOR  THE   EXPENSE   THEREOF. 

These  Certify  that  M'  Benj*  Williams  of  Taunton  was  the 
highest  Bidder  for  the  Excise  on  Coffee  Tea  &  China  Ware  for  one 
year  from  the  first  Day  of  November  last  past  &  it  was  sold  to  him 
for  four  pounds  »&  five  shillings  Lawful!  money  &  he  has  given  bond 
with  Suretys  to  pay  the  same  into  the  Province  Treasury  agreeable 
to  Law  &  the  s*^  bond  is  Lodged  with  the  Province  Treasurer 

^  order  of  the  Comitte  George  Leonard 

Eead  and  [report]  Accepted,  And 

Ordered,  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  the  said  Committee  the  sum  of  thirty  shillings  in  full  dis- 
charge of  their  Acco*  of  Time  and  Expences  Exhibited.  {^Passed 
April  20. 


Legislative 
Records  of  the 
Council,  xxi., 
539. 

House  Jour- 
nal, p.  459. 


CHAPTER    573. 

ORDER  ALLOWING  L*)/  TO   CAPT  EBENEZER  LEARNED  AND  3/  EACH  TO 
ELISHA  RICH,  THOMAS  RICH  AND   JONATHAN  SAWING. 

A  Petition  of  Ebenezer  Learned  of  Oxford,  a  Captain  in  both 
the  Expeditions  against  Crown  Point  Setting  forth  that  he  carried 
his  own  Gun  each  time,  &  that  three  men  of  his  company  carried 
each  man  his  own  Gun  the  last  year.  &  praying  an  allowance. 

Eead  and 

Ordered  That  there  be  allowed  &  paid  out  of  the  Public  Treasury 
to  Capt°  Edward  Davis  for  the  use  of  the  Petitioner  fifteen  shillings 
&  for  the  use  of  Elisha  Rich,  Thomas  Rich,  &  Jonathan  Sawing 
three  shillings  each  for  the  use  of  their  Arms  mentioned.  [Passed 
April  20. 


CHAPTEE    574. 


Legislative 
Records  of  the 
Council,  xxi., 
539.    Mass. 
Archives, 
xxiii.,  3822. 

Mass. 
Archives, 
xxiii.,  3822. 
House  Jour- 
nal, pp.  436, 459. 
Province 
Laws,  iii.,  1061, 
note.    Ante, 
p.  663,  chap. 
338. 


ORDER  ALLOWING  £8.  7.  lOM  TO  THO^  FOSTER,  ESQ. 

A  Petition  of  Thomas  Foster  Esq'  of  Plymouth  Setting 

forth  that  in  June  1756,  one  Charles  Muis  &  Family  consisting  of 
nine  persons  were  permitted  to  go  to  Plymouth ;  that  the  Select- 
men refusing  to  take  care  of  them,  the  Petitioner  undertook  the 
charge,  that  the  said  Family  would  have  been  able  to  have  main- 
tained themselves  had  they  continued  in  health,  but  it  so  fell  out 
that  they  were  all  sick  &  one  of  the  number  died  Therefore  pray- 
ing a  reimbursement  of  his  Expence  upon  them. 

Read  & 

Ordered  That  there  be  allowed  &  paid  out  of  y^  public  Treasury 
to  y^  Petitioner  y®  sum  of  Eight  pounds  seven  shilP  &  ten  pence  Vif^ 
in  full  discharge  of  his  Acco*  of  Expences  in  supporting  Charles 
Muis  &  family  exhibited.     \^Passed  April  20. 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  759 


CHAPTEK    575. 

VOTE  ALLOWING  SUBSISTENCE  TO  SOLDIERS  ON  THEIR  RETURN  HOME.  Legislative 

Records  of  the 

Voted  That  the  same  Allowance  be  made  to  the  Soldiers  for  their  540. 
Subsistence  on  their  Return  from  the  Army  to  their  respective  homes  House  Jour- 
the  last  year  as  was  allowed  on  the  Expedition  against  Crown  Point  ^nie]'^^lib, 
in  1755  and  on  the  same  Conditions.     [^Passed  April  20.  c^iap!  137. 


CHAPTER    576. 

ORDER  ALLOWING  56/7  TO  TIM'^  PARKER. 


A  Petition  of  Timothy  Parker  a  Captain  of  the  Forces  sent  up  Legislative 
to  reinforce  General  Johnson  at  Lake  George  in  1755,  who  also  on  comicif  xx\^^ 
the  IS''^  of  Feb^"  1756  he  also  received  a  Commission  appointing  him  542.  Massi 
a  Captain  in  the  late  Expedition  Setting  forth  that  in  making  up  ixxvYJeTs. 
his  first  Muster  Roll  he  made  a  mistake  of  fifty  six  shillings  &  seven  Mass. 
pence  and  praying  Releif,  &  that  he  may  be  likewise  allowed  ^^^\^%'-^ 

the  Sum  of  twenty  six  shillings  &  six  pence  for  his  travel  to  Boston  House  JouV- 
&  expence  in  making  up  his  Muster  Roll.  nai,pp.425,459. 

Read  and 

ordered  that  there  be  allowed  &  paid  out  of  y*'  public  Treasury  to 
y^  Pef  y^  sum  of  fifty  six  ShilP  &  seven  pence  being  y*"  difference  of 
the  Wages  due  to  him  for  the  time  Mentioned.     [Passed  April  20.^ 


CHAPTER    577. 

ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

On  THE  Petitions  of  Thomas  Temple  &  Others,  Soldiers  in  the  Legislative 
Crown  Point  Expedition  in  1756    Praying  an  Allowance  for  sundry  councif  xxi^^ 
Expences  incurred  in  the  Service.  54o. 

Ordered  That  there  be  allowed  and  paid  out  of  the  Public  Treas-  Mass. 
ury  to  Joseph  Buckminster  Esq'  for  the  use  of  Thomas  Temple  bv'xvLlIss,  566, 
Five  Pounds  sixteen  shillings;  to  James  Russell  Esq""  for  the  use  jo'urnarT46'> 
of  Nathanael  Adams  Thirty  four  shillings  &  four  pence;  to  Wil- 
liam Lawrence  Esq""  for  the  use  of  Thomas  Hartwell  Seven  Pounds 
seventeen  shillings;  To  Thomas  Foster  Esq''  for  the  use  of  Elijah 
Crocker  twenty  nine  shillings  and  four  pence;  to  Capt"  Ephraim 
Spaulding  for  the  use  of  Benjamin  Butterfeild  forty  eight  shillings 
in  full  of  the  Expences  in  the  last  Expedition  against  Crown  Point 
in  their  Petitions  respectively  mentioned.     [Passed  April  22. 

*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  April  22. 


760 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  578-580.] 


CHAPTER    578. 


ORDER   ALLOWING   £3   TO   JAMES   MAN. 


Legislative 
Records  of  the 
Council,  xxi., 
540.    Mass. 
Archives, 
Ixxvi.,  706. 

Mass. 
Archives, 
Ixxvi.,  705. 
House  Jour- 
Tial,p|).425,426, 
4.57.    Ante, 
p.  448,  chap. 
299;  p.  695, 
Chap.  416. 


A  Petition  of  James  Man  Setting  forth  that  He  was  in  the 
two  Expeditions  against  Crown  Point  in  1755  and  1756,  and  was 
thereby  intitled  to  half  Pay  in  the  intermediate  time;  but  that  the 
same  was  omitted  in  the  Muster  Poll  therefore  praying  Releif. 

Read  and 

Ordered,  That  there  be  allowed  &  paid  out  of  the  public  Treasury 
to  the  Petitionei;  the  sum  of  three  pounds  in  Consideration  of  the 
half  pay  he  was  intitled  to  on  his  entering  into  y"  service  on  y*  last 
Crown-point  Expedition.     \^Passed  April  22. 


CHAPTER    579. 


Legislative 
Records  of  the 
Council,  xxi., 
4S6,  541. 

Mass. 
Archives, 
xxiii.,  281,  283. 
Legislative 
Records  of  the 
Council,  xxi., 
382, 387,  389. 
House  Jour- 
nal, lip.  288,  414, 
415, 464.    Prov- 
ince Laws,  ill., 
1061,  note. 
/»i/ra,  chap. 
580. 


ORDER  DIRECTING  THE  REMOVAL  OF  GLUDE  BENUA  AND  FAMILY 
FROM  NEWTON  TO  DEDHAM. 

A  Petition  of  Henry  Gibbs  Esq''  of  Newton  Praying  the 

Order  of  this  Court  respecting  Glude  Benua,  his  Wife  and  five 
Children,  late  Inhabitants  of  Nova  Scotia,  originally  placed  by 
this  Government,  &  from  thence  sent  to  Oxford,  but  now  resident 
in  Newton,  which  Town  having  already  the  care  of  fourteen  of 
said  French  People  the  said  Gibbs  prays  in  behalf  of  the  Town 
of  Newton  that  said  Glude  &  his  Family  may  be  removed  else- 
where. Which  Petition  being  referred  to  the  Committee  of  both 
Houses  appointed  on  the  Petition  of  Samuel  Livermore  Esq''  said 
Committee  reported  that  the  said  French  Persons  be  removed  to 
the  Town  of  Dedham. 

Read  and  accepted,  and 

Ordered  That  the  said  French  Inhabitants  be  removed  from  the 
Town  of  Newton  to  the  Town  of  Dedham  at  the  charge  of  the  Town 
of  Newton,  &  that  the  Selectmen  of  Dedham  receive  the  said  French 
Persons,  &  govern  themselves  with  regard  to  them  according  to  Law. 
[Passed  April  22.^ 


CHAPTER    580. 


ORDER    ON    THE    PETITION    OF    SAM^    LIVERMORE,    ESQ»,   FOR    THE 
REMOVAL  OF  FRENCH  FAMILIES  FROM  WALTHAM. 


Recordfof^the       ^  PETITION  of  Samuel  Livermorc  Esq''  of  Waltham     Praying 
Council,  xxi.,    that  Seven  of  the  French  Inhabitants  of  Nova  Scotia  placed  at 

— '- Waltham  may  be  removed  elsewhere,  together  with  the  Report  of 

Archives,         the  Committee  thereupon     Read  &  accepted:  & 

xxiii.,  387.  Ordered  That  the  said  French  Inhabitants  be  removed  from 


Legislative 
Records  of  the 


Town  of  Waltham  to  the  Town  of  Brookfeild  at  the 


the 
charge  of 


*  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  same  order  occurs  under  date  of  the  11  ">  as  well  as  the  22^, 


[5th  Sess.]     Frovince'Laws  (Besolves,  etc.).  — 1756-57.  761 

the  Town  of  Waltham  &  that  the  Selectmen  of  Brookfeild  receive  council,  xxi., 
the  said  Freucli  persons,  &  govern  themselves  with  regard  to  them  journai°'^^^ 
according  to  Law.     [Passed  Ajjril  22.  p^otmctf" 

Laws.iii.,  1061, 
note. 


CHAPTEE    581. 

ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  PAY  URIAH  THAYER 
THE   WAGES   OF   HIS   SON    IN   FULL   AND   44/3    HALF   PAY. 

A  Petition  of  Uriah  Thayer  Setting  forth  that  his  Son  Legislative 

Eleazer  Thayer  was  in  the  two  Crown  Point  Expeditions  in  the  councf f  xxi!^^ 
years  1755  and  1756,  and  was  by  an  act  or  order  of  this  Court  54i.   Mass. 
thereby  intitled  to  half  pay  during  the  intermediate  time ;  &  also  lxxv/.Iwi. 
that  his  said  Son  died  at  Fort  Edward  in  the  last  Expedition,  &  Mass. 
that  by  the  best  information  his  Gun  was  returned  into  the  King's  i^^xvi^eli 
Stores,  but  that  there  is  a  deduction  of  Four  Pounds  from  his  said  House  Jour- 
Son's  Wages  on  Account  of  said  Gun.  And  praying  Eeleif.  45*8.' ^^n<^,' *^'^' 

Eead  and  gti^^'^'i'rf.P- 

^^  299 '  D   69o 

Ordered  That  The  Treasurer  pay  to  Cap*  Phineas  Lovett  for  the  chap.  iie. ' 
use  of  y"  Pef  the  full  of  his  Wages  his  Arms  not  being  returned 
notwithstanding.  Also  the  sum  of  forty  four  shillings  &  three  pence 
in  Consideration  of  the  half  pay  he  was  intituled  to  on  his  entering 
into  y*  service  on  y"  last  Exped"  ag^*  Cr°  point.     [Passed  April  22. 


CHAPTER    582. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  EXCISE  FOR 
THE  COUNTY  OF  NANTUCKET  AND  ALLOWING  24/8  FOR  THE  EX- 
PENSE  THEREOF. 

Abishai  Folger  by  order  of  the  Committee  for  farming  out  the  Legislative 
Excise  on  spirituous  Liquors  in  the  County  of  Nantuckett  made  councif  xxi!^^ 
report  of  their  doings,  &  presented  the  account  of  their  expence.     ^^ 

Read  and  House  Jour- 

Ordered  That  this  Report  be  accepted,  &  that  there  be  allowed  Smie^p'. ees, 
and  paid  out  of  the  public  Treasury  to  the  said  Committee  the  Sum  chap.  336. 
of  twenty  four  shillings  &  eight  Pence  in  discharge  of  their  account 
of  time  and  expences  exhibited.     [Passed  April  22. 


CHAPTER    583. 

ORDER    DIRECTING    THE    PAYMENT    OF    BILLETING    MONEY    TO     THE  Legislative 

FORCES   UNDER  THE  EARL  OF   LOUDOUN.  Couifcll  xx\^* 

543. 

Ordered  That  the  Province  Treasurer  without  any  delay  pay  the  House  Jour. 
Forces  raised  by  this  Province  to  serve  under  the  Right  honourable  ^li^'^*'^^^ 
the  Earl  of  Loudoun,  that  part  of  the  billeting  money  this  Court  chap',  sis. 
have  agreed  to  Provide,  that  so  they  may  be  enabled  to  march  forth- 
with.    [Passed  April  22. 


762 


Province  Laws  (^Resolves,  etc.) .  — 1756-57.  [Chaps.  584-586.] 


CHAPTER    584. 


VOTE  AND  ORDER  IN  REGARD   TO  THE  POLL  TAXES  OF  SOLDIERS. 


Legislative 
Records  of  the 
Council,  xxi., 
544. 

House  Jour- 
nal, pp.  464, 465. 
Ante,  p.  442, 
Chap.  280. 


Whereas  an  Order  passed  the  Great  and  General  Court  the  18 
Feb^  1756  in  the  following  Words  viz* 

Voted  That  such  Officers  &  Soldiers  as  shall  go  into  his  Majesty's 
Service  in  the  proposed  Expedition  against  Crown  Point  shall  not 
be  taxed  for  their  Polls,  the  present  year,  which  Order  has  not 
been  acted  on. 

Therefore 

Ordered^  That  one  or  more  of  the  Assessors  of  the  several  Towns 
or  Districts  which  furnished  such  Officers  and  Soldiers  upon  their 
producing  a  Certificate  under  Oath  to  the  Treasurer  of  the  Prov- 
ince, that  the  persons  therein  named  were  actually  in  the  Service 
shall  receive  an  equivalent  therefor  out  of  the  Public  Treasury  And 
that  this  order  be  lodged  with  the  Treasurer  for  his  direction  accord- 
ingly.    l^Passed  April  22. 


CHAPTER    585. 


ORDER  APPOINTING  A  COMMITTEE  TO  TAKE  BONDS  OF  THE  MANAGERS 
OF  THE  LOTTERY  FOR  GERMANTOWN. 


Legislative 
Eecords  of  the 
Council,  xxi., 
544.    Mass. 
Archives,  xv^., 
263. 

House  Jour- 
nal, pp.  471, 472. 
Province 
Laws,  ill.,  1053, 
chap.  41;  1086, 
note. 


In  the  House  of  Representitives 
Ordered  That  Sam^  Welles  »&  James  Russell  Esq"  with  Such  as 
the  Hon^'®  Board  Shall  Joyn  be  a  Comitte  to  take  Bonds  Agreeable 
to  an  Act  Entituled  an  Act  for  raising  a  Sum  of  Money  by  Lottery 
for  the  Encouragement  of  the  Settlem*  Called  Germantown  in  the 
Town  of  Brantree,  And  Lodge  the  Same  with  the  Province 

Treasurer. 

In  Council 
Read  &  Concur'd  and  Samuel  Danforth  is  joined  in  the  Affair. 
{^Passed  April  22. 


CHAPTER    586. 


Legislative 
Records  of  the 
Council,  xxi., 
545.    Mass. 
Archives, 
Ixxiv.,  225. 

Mass. 
Archives, 
Ixxiv.,  223. 
Legislative 
Records  of  the 
Council,  XX., 
412.    House 
Journal, 
pp.  249,  250 
(February, 
(1755) ;  pp.  429, 
460,464. 


ORDER  ALLOWING  £83.  4  TO  JOHN  BRADSTREET,  ESQ*.  ETC. 

A  Petition  of  John  Bradstreet  Esq'  Setting  forth  that  he  was 
Leiutenant  Colonel  of  Sir  William  Pepperell's  Regiment  at  the 
Seige  of  Louisbourgh  in  1744,  and  that  after  the  Reduction  of 
the  place  he  was  appointed  Town  Major;  also  that  he  had  a  Vessell 
at  Canso  when  it  was  taken,  which  was  employed  by  the  French  to 
transport  the  English  People  from  thence  to  Boston  in  which  Ser- 
vice she  went  two  or  three  times,  &  was  told  that  he  was  to  be  paid 
by  the  English  and  French  in  equal  halves,  for  all  which  he  has 
received  no  consideration,  save  the  Moiety  for  the  hire  of  his  Ves- 
sell which  he  received  of  the  French  &  praying  an  Allowance 
for  his  said  Services  &°  [Legislative  Records  of  the  Council,  xx., 
412.] 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  763 

Read,  & 

Ordered  That  y^  Prayer  of  this  Petition  be  so  far  granted  as  that 
there  be  allowed  &  paid  out  of  y^  public  Treasury  to  y*  Petitioner 
the  sum  of  Eighty  three  pounds  four  shillings  in  full  for  fourteen 
Months  service  in  the  Expedition  against  Louisbourg.  and  as 

to  his  Demands  for  y"  Employment  of  himself  &  Vessell  in  trans- 
porting y^  English  as  mentioned,  that  the  Consideration  thereof  be 
referred.     \Pa8sed  April  22. 


CHAPTER    587. 

ORDER  ALLOWING  £24.  15.  5  TO  JONATHAN  FESSENDEN. 

A  Petition  of  Jonathan  Fessenden  of  Braintree  Setting  Legislative 

forth  that  he  was  a  hired  man  in  Capt°  Blakes  Company  in  the  councif  xxi!*^ 
Crown  Point  Expedition  in  1756,  but  was  promised  a  Leiutenants  ^5.   Mass. 
Commission  in  case  he  would  inlist  a  number  of  men,  which  he  ixxvi.,  657. 


accordingly  did,  ■&,  the  commission  was  granted  him  when  he  arrived  Mass.        ~~ 
at  the  Half  moon,  &  that  he  did  the  Duty  of  a  Leiutenant,  &  was  ^^^i^Hg 
obliged  to  be  at  a  proportionably  greater  Expence  by  reason  of  his  House  Jour- 
sustaining  that  rank,  but  that  in  the  Muster  Roll  he  was  made  up  '^'^•pp-     >     • 
only  as  a  common  Soldier  Therefore  Praying  Releif. 

Read  and 

Ordered  That  there  be  allowed  &  paid  out  of  y^  public  Treasury 
to  Roland  Cotton  Esq""  for  the  use  of  y*"  Memorialist  the  sum  of 
twenty  four  pounds  fifteen  Shillings  &  five  pence  in  full  of  his  pay 
as  made  up  in  the  Roll  of  y^  Company  he  belonged  to.  [^Passed 
April  22. 


CHAPTER    588. 

VOTE  TO  CHOOSE  COLLECTOR  OF  EXCISE  ON  TEA,  &o^  j-qR  THE  COUNTY 

OF  SUFFOLK. 

"Whereas  the  Committee  for  farming  the  Excise  on  Tea  &•=  in  Legislative 
the  County  of  Suffolk  have  found  it  impracticable  to  dispose  of  it  counctf  xx\^^ 
to  the  Value.  546. 

Therefore  House  Jour-_ 

Voted  That  a  Collector  of  said  duty  be  chosen  &  Commissioned,  Province' ^'*'*' 
who  shall  be  under  oath,  have  &  Exercise  the  same  powers,  as  by  ^^7^^'^^^^^^^* 
Law  the  Farmers  of  said  Excise  in  the  other  Counties  have  &  enjoy,  p.  612,  chap! 
&  be  accountable  to  this  Court  for  his  Collections,  k  receive  five  ^  ^^^' 
Cent  as  a  Reward  for  his  Service  the  choice  to  be  made  by  the 

two  Houses  to  morrow  morning  at  ten  o'clock.     \^Passed  April  22. 


764 


Province  LiAws  {Besolves,  etc.).  — 1756-57.  [Chaps.  589-591.] 


CHAPTER    589. 


Legislative 
Eecords  of  the 
Council,  xxi., 
548.    Mass. 
Archives,  ciii., 
570. 

House  Jour- 
nal, p.  437. 
Province 
Laws,  iii.,  793, 
chap.  18. 


ORDER  ALLOWING   £100  TO   THE   COMMISSIONER  OF  STAMP  DUTIES. 

Ordered,  That  there  be  allowed  and  paid  out  of  the  Public  Treas- 
ury to  James  Russell  Esq'  Commissioner  of  the  Stamp  Duties  the 
sum  of  One  hundred  Pounds  in  Consideration  of  his  Services  and 
Expences  in  his  said  Office  the  Year  past  and  during  the  Contin- 
uance of  the  Stamp  Act.     [Passed  April  22. 


Legislative 
Records  of  the 
Council,  xxi., 

548. 

House  Jour- 
nal, p.  468. 


CHAPTER    590. 

VOTE    IMPOWERING    CAPT    PHINEAS    LOVET    TO    DEMAND    ARMS    OF 
ROBERT  &   STEPHEN   COOK  ETC. 

In  THE  House  of  Representatives  Whereas  Information  has 
been  made  to  this  House  that  Robert  Cook  &  Stephen  Cook  of 
Wrentham  inlisted  the  last  year  in  the  Expedition  against  Crown 
Point,  &  never  joined  the  Army,  but  took  out  their  whole  Bounty, 
Arms  &*^ 

Voted  That  Capt"  Phineas  Lovet  of  Mendon  be  directed  &  im- 
powered  to  demand  the  Arms  of  said  Robert  &  Stephen  Cook,  & 
upon  their  Refusal  to  make  application  to  some  Justice  of  the  Peace 
in  the  County  for  a  Warrant  to  take  the  Arms  wherever  they  may 
be  found,  as  also  to  apprehend  the  said  Robert  &  Stephen  Cook  & 
carry  them  before  some  Justice  of  the  Peace  in  the  County  where 
they  or  either  oi  them  may  be  found  that  they  may  be  exam- 
ined as  to  their  deserting  the  Service  under  Capt''  Nathan  Tyler 
into  whose  Company  they  inlisted,  as  also  concerning  the  Bounty, 
Blanketts  or  whatever  else  they  have  received  of  the  Province,  & 
may  be  proceeded  with  according  to  Law. 

In  Council     Read  and  concurred.     [Passed  April  22. 


Legislative 
Records  of  the 
Council,  xxi., 
549.    Mass. 
Archives, 
Ixxvi.,  710. 

Mass. 
Archives, 
Ixxvi.,  708. 
House  Jour- 
nal, pp.  467, 469. 
Province 
Laws,  iii.,  1080, 
note. 


CHAPTER    591. 

ORDER  DIRECTING  THE  PROVINCE  TREASURER  TO  ADVANCE  ONE 
MONTHS  WAGES  TO  COMMISSIONED  OFFICERS  UNDER  THE  EARL 
OF  LOUDOUN. 

A  Memorial  of  the  Officers  now  in  the  Service  of  this  Province 
for  the  intended  Expedition  to  serve  under  the  Right  honourable 
the  Earl  of  Loudoun  Setting  forth  that  they  have  been  at  great 
expence  in  cloathing  themselves  &  in  collecting  the  Troops  &*=  And 
praying  that  they  may  be  allowed  such  pay  as  will  enable  them  to  act 
with  credit,  &  in  character  as  becomes  the  Officers  of  the  Province. 

[Read  and] 

Ordered,  That  the  Prayer  of  this  Memorial  be  so  far  granted  as 
That  the  Province  Treasurer  be  &  hereby  is  directed  to  advance 
one  Months  Wages  to  each  of  the  Commission  Officers  going  with 
y*  forces  raised  by  this  Province  to  serve  under  the  right  hon^  y® 
Earl  of  Loudoun.     [Passed  April  22. 


[5th  Sess.]     Pkovince  Laws  (Besolves,  etc.).  — 1756-57.  765 


CHAPTER    592. 

ORDER  DIRECTING  THE   PROVINCE  TREASURER    TO    PAY    THE    WAGES 
OF  JOHN  BREEDEN  IN  FULL. 

A  Petition  of  Elisabeth  Breed  en  of  Maiden    Setting  forth  That  Legislative 
her  late  husband  John  Breeden  went  as  a  Soldier  in  the  Crown  Point  council,  xxi., 
Expedition  the  last  year;  that  he  was  taken  sick  on  the  Road  &  Archiv^es^^' 
returned  home  &  was  at  thirteen  shillings  &  four  pence  expence  ixxvi.,  eoo. 
for  a  Doctor.  That  upon  his  Recovery  he  went  &  joined  the  Army,  House  Jour- 
&  died  at  Fort  Edward.  That  his  Gun  was  returned  into  the  Fort  °^''P-*^i- 
by  Leiutenant  Lindsey,  but  that  Four  pounds  was  deducted  from 
his  Wages  on  account  of  said  Gun.  And  praying  Releif. 

[Read  and] 

Ordered,  That  the  Treasurer  pay  to  M''  Benjamin  Hills  for  the 
use  of  the  Petitioner  the  full  Wages  of  y^  said  John  Breeden,  his 
Arms  not  being  returned  notwithstanding.     [Passed  Ajjril  22. 


CHAPTER    593. 

VOTE  ALLOWING   £18  TO   CAPT''  BENJ'^  NEWHALL. 

A  Petition  of  Benjamin  Newhall,  Captain  of  the  second  mil-  ^^^'^d^^^f  th 
itary  Foot  Company  in  Lynn  Setting  forth     That  sundry  Sol-  council, xxi., 

diers  in  his  Company  did  not  appear  at  the  General  Muster  ordered  ArchiveY,^' 
on  the  22'^  day  of  March  last;  and  that  he  has  expended  eighteen  ixxvi., sjit. 
pounds  for  hiring  men  to  go  in  the  Expedition,   &  praying  that  Mass. 
he  may  be  reimbursed  said  Sum  out  of  the  Fines  of  the  aforesaid  ixv^'i.Isle. 
Delinquents.  KpSes. 

[Read  and]  Province 

Voted  that  that  ^  the  Prayer  of  the  Petition  be  granted ;  and  that  chapes?''  * 
the  Petitioner  be,  &  hereby  is,  authorized  and  impowered  to  receive 
&  retain  to  his  own  use  out  of  the  fines  which  shall  be  recovered 
by  his  Clerk  of  those  Delinquent  soldiers  which  did  not  appear  at 
the  General  muster  on  the  22"*^  day  of  March  last  the  Eighteen 
pounds  mentioned,  which  he  has  advanced  for  hiring  soldiers  for 
tlie  Present  Expedition  and  the  overplus  (if  any  there  he)  to  be 
applyed  as  by  Law  is  already  provided  he  the  Said  Newhall  to  render 
an  acco'  of  his  proceedings  herein  to  the  Treasurer  of  the  Town  of 
Lynn  agreeable  to  Law.     \_Passed  April  22. 


CHAPTER    594. 

ORDER    DIRECTING    JOHN    M'KETHNEY    TO    ATTEND    THE    GENERAL    Legislative 

pniTRT  Records  of  the 

^"U^^-  Council,  xxi., 

550. 

Ordered  That  John  M^Kethney  of  S*  Georges  be  directed  to  attend  Legislative 
the  General  Court  on  the  second  Friday  of  the  next  May  Sessions  ^l\^^[lf  °xi^® 
to  give  evidence  in  the  Affair  of  Capt''  John  North,  Commanding  462.  House  ' 
Officer  at  Pemaquid  Fort,     [Passed  April  22.  °^^^ .  p-  6  . 

1  Sic. 


766  Province  Laws  {Resolves, etc.).  — 1756-57.     [Chap.  595.] 


CHAPTEE    595. 

ORDER  DIRECTING  THE   PROVINCE  TREASURER  TO   EXCHANGE    PROV- 
INCE  BILLS   FOR  DIVERS   PERSONS. 

Legislative  The  PETITION  of  Josiah  Quincy  of  Braintree  humbly  sheweth 

Council,  xxi.,  that  your  Petitioner  upon  opening  a  private  Draw  of  his  Scrutore 
ArchivesTciii.,  ^he  last  Evening  the  inside  of  which  he  had  not  seen  since  the  Act 
■2f;4, 301  563.  took  placo  for  the  Exchange  of  the  Paper  Currency  he  there  found 
n;ii,pp.377,449.  forty  pouuds  Old  Tcuor  Eight  pounds  in  Eohde  Is*^  Cur'^^  and  thirty 
House  Jour-  two  pounds  in  Bills  of  Credit  of  this  Province  of  which  without  the 
469'l7o'.^^prOT-  ^^^  ^^^  assistaucc  of  the  Hon^'"  Court  your  Petitioner  must  lose 
inc'e  Laws,  ill.,  the  Benefit 

,  c  ap.  .  Your  Petitioner  therefore  humbly  prays  that  as  he  has  been  guilty 
of  no  Breach  Neglect  or  Contempt  of  the  good  and  wholesome  Laws 
and  orders  of  the  Gov'  respecting  the  drawing  in  &  exch^  s*^  Bills 
which  makes  his  Case  peculiar.  Your  Excellency  &  Honours 

woud  be  pleased  to  direct  the  Province  Treasurer  to  exchange  your 
Petitioners  Bills  abovemention'd  which  are  of  this  Province  or  other- 
wise relieve  him  as  to  your  Excellency  and  Honours  in  your  great 
Wisdom  shall  seem  meet  and  Your  Petitioner  as  in  Duty  Bound  shall 
ever  Pray.  Jos"^  Quinct 

The  Petition  of  Nathaniel  Cunningham  of  Cambridge  in  the 
County  of  Middlesex,  merch'  Humbly  sheweth. 

That  your  petition'^  having  Occasion  about  a  month  agone  to  Open 
a  Quantity  of  Money  that  Lay  by  him  wrapt  up  in  a  paper,  found 
Among  the  rest  a  Bundle  of  paper  Bills  of  Credit  on  this  Province, 
amounting  to  £101.14.8.  old  tenor  your  petition""  also  Found  by  a 
paper  wraped  up  with  the  Bills,  that  he  had  received  the  same,  with 
some  Gold  of  One  M'  Fitch  of  Boston,  about  Two  years  &  a  half 
Since  &  wrapping  them  up  with  s*^  Gold,  laid  them  in  his  Desk, 
and  by  that  means  forgot  them  &  Lost  the  Benefit  of  Changing 
them,  Wherefore  as  ^^  Bills  were  Kept,  not  willfully  nor  with  any 
Design  of  Disobedience  to  the  Act  of  the  Governm*  But  by  meer 
Accident  and  Mistake  &  your  petition''  is  ready  to  swear  y''  he  never 
once  saw  or  thought  of  'em  from  the  time  he  receiv*^  them,  till  about 
a  month  since,  y''  Petition"'  prays  your  Excellency  &  Hon"  to  order 
a  Eedemption  of  S*^  Bills  &  y'  Petion''  shall  ever  pray  &C. 

J  Otis  Att^-  for  y«  Pef 
A  Petition  of  Sarah  Daws  of  Boston,  in  the  County  of  Suffolk, 
Administratrix  on  the  Estate  of  Tliomas  Daivs,  late  of  said  Boston, 
deceased,  shewing  that  on  the  23d  of  this  Instant,  she  found  in  a 
Closet  of  the  Deceased,  and  in  the  Bottom  of  a  Leather  Chair  there, 
two  Pocket-Books  belonging  to  the  said  Deceased,  which  had  in 
them  tivo  Hundred  and  thirty  six  Pounds  old  Tenor,  in  Bills  of 
this  Province;  that  the  said  Thomas  dyed  the  18th  of  March  1749, 
very  suddenly;  that  the  Petitioner  apprehends  he  had  laid  by  the 
said  Bills  in  order  to  exchange  the  same,  but  was  prevented  by  his 
sudden  Death ;  she  therefore  prays  the  Province  Treasurer  may  be 
directed  to  exchange  the  said  Bills  upon  satisfactory  Evidence  of 
the  Facts  aforementioned. 

A  Petition  of  Isaac  Merrill  of  Almshury,  in  the  County  of  Essex, 
Esq;  setting  forth,  that  a  Neighbour  of  his,  since  the  Time  allowed 
for  exchanging  Paper  Bills,  accidentally  found  a  small  Parcel  of 
them  wrapped  up  in  an  old  cancelled  Bond,  which  he  had  entirely 


[Stii  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  767 

forgot ;  and  praying  that  the  Treasurer  may  be  allowed  to  exchange 
them,  the  Time  limitted  for  that  Purpose  being  elapsed  notwith- 
standing. 

[Read  and] 

Ordered,  That  the  Province  Treasurer  be  and  hereby  is  directed 
to  pay  the  amount  or  value  of  the  province  Bills  of  Credit  men- 
tioned in  the  Petitions  of  Josiah  Quincy,  Nath^  Cunningham  Sarah 
Daws  &  Isaac  Merrill  to  the  said  Pet"  or  their  Order  respectively, 
on  their  delivering  said  Treasurer  the  Bills  aforesaid:  Also  that 
the  Treasurer  be  directed  to  pay  to  Thomas  Foster  Esq""  or  Order 
eleven  shillings  &  one  peny  for  four  pounds  three  Shillings  Old 
Tenor  Bills  he  is  possessed  of,  and  five  pounds  five  Shillings  &  ten 
pence  to  Stephen  Maynerd  or  Order  for  thirty  nine  pounds  four- 
teen Shillings  in  his  possession  of  the  same  tenor  Bills,  and  thirty 
four  ShilP  &  three  pence  to  Caleb  Cushing  Esq''  or  order  for  twelve 
pounds  sixteen  Shillings  &  ten  pence,  of  like  Old  Tenor  Bills  belong- 
ing to  him,  they  each  one  delivering  to  the  said  Treasurer  the  re- 
spective sums  mentioned  in  Old  Tenor  province  Bills  or  other  Bills 
of  this  Province  or  other  Bills  of  this  Province  equivalent.  [^Passed 
April  22. 


CHAPTER    596. 

ORDER  ALLOWING   £5.  15  TO   ASHBELL  HOPKINS. 

A  Petition  of  Asahel '  Hopkins  of  Harrington  in  the  Colony  of  ^Ifordg^of  ti^g 
Connecticut     Setting  forth  That  he  inlisted  for  the  Crown  Point  council,  xxi., 
Expedition  in  1756  in  Col°  Dwights  Regiment  &  Company,  that  he  Archiv^es?' 
officiated  for  some  time  as  Clerk,  before  the  Forces  marched,  but  ixxvi.,  eos. 
that  he  was  afterwards  taken  ill  of  a  Fever  and  Ague  which  held  Mass. 
him  the  greatest  part  of  the  Summer  and  prevented  his  joining  the  ixxvl,  eo'i. 
Army ;  that  in  October  he  received  orders  from  his  Colonel  to  pro-  na°i^ppf466!^i68. 
vide  Necessarys  at  Sheffeild  for  the  Sick  on  their  return  home  which 
he  accordingly  performed     That  the  same  was  made  up  in  the  Roll 
when  the  Expedition  Avas  over  for  a  time  as  Clerk;  but  that  the  same 
was  disallowed  inasmuch  as  he  did  not  join  the  Army  Therefore  pray- 
ing Releif . 

Read  & 

Ordered  that  there  be  allowed  &  paid  out  of  the  Publick  Treas- 
ury to  the  Pef  Three  months  wages,  amounting  to  five  pounds  fif- 
teen Shillings  in  full  of  his  Service  &*=  as  in  his  petition  mentioned. 
{Passed  April  22. 


CHAPTEE    597. 

ORDER  ALLOWING  SUNDRY  AMOUNTS  TO  DIVERS  PERSONS. 

On  the  Petitions  of  John  Rice  &  Others  praying  for  allowances  Legislative 
of  certain  Expences  incurred  on  the  Crown  Point  Expedition  in  1755  councif,  xxi!!* 

Ordered  That  there  be  allowed  &  paid  out  of  the  Public  Treasury  552. 
to  Moses  Marcy  Esq''  for  the  use  of  John  Rice  the  Sum  of  three  Mass. 
Pounds;  to  Capt°  Ithamer  Hubbell  for  the  use  of  Meriam  Olds,  i^x^v/.IIlai, i64, 
thirteen  shillings  &  six  pence:  to  Capt°  Phineas  Lovett  for  the  use  Executive"''' 

*  Mass.  Archives,  Ixxvi.,  602,  reads,  "  Ashbel  Hopkins." 


768 


Province  Ijaws,  {Resolves,  etc.).  — 1756-57.  [Chaps.  598-600.] 


Records  of  the  of  Uriah  Thayer  forty  shillings  &  to  Capt''  Ephraim  Spaulding  for 
235!^°House"''    the  use  of  Timothy  Clement  thirty  shillings  in  full  consideration 
Journal,  p- 470.  ^f  ^j^g  Expences  in  1755  on  the  Expedition  against  Crown  Point 
in  their  respective  Petitions  mentioned,     \_Passed  *  April  22. 


CHAPTEE    598 


ORDER  DIRECTING  THE  PROVINCE   TREASURER   TO    PAY    £6    EACH    TO 
SAMUEL  FREEMAN  AND  JAMES  WARD. 


Legislative 
Records  of  the 
Council,  xxi., 
553.    Mass. 
Archives, 
Ixxvi.,  714. 

House  Jour- 
nal, pp.  385, 391, 
470.    Ante, 
p.  304,  chap. 
345. 


A  Petition  of  Samuel  Freeman  and  James  Ward  both  of  Stur- 
bridge  in  the  County  of  Worcester  Setting  forth  That  the  said 

James  on  the  first  day  of  October  1755  inlisted  in  the  Crown  Point 
Expedition;  &  that  Jonatlian  Willard  a  Servant  to  said  Samuel 
inlisted  at  the  same  time,  being  promised  the  like  bounty  as  those 
had  who  inlisted  in  the  Spring;  but  that  they  have  never  received 
it  And  praying  to  be  allowed  therefor,  they  having  likewise 

found  their  own  Arms  and  Ammunition. 

Eead  and 

Ordered  That  the  Treasurer  pay  to  the  Pet"  six  Dollars  each  in 
Consideration  of  their  Bounty  Money  &  finding  ther  own  Arms  as 
Mentioned.     [^Passed  A^jril  23. 


CHAPTEE    599. 


ORDER  ALLOWING   £6.  3  TO   CAPT'*  THOMAS  CLAP. 


Legislative 
Records  of  the 
Council,  xxi., 
553.    Mass. 
Archives, 
Ixxvi.,  564. 

House  Jour- 
nal, pp.  467, 470. 


A  Petition  of  Thomas  Clap,'  Captain  in  the  late  Crown  Point 
Expedition  Setting  forth  that  on  the  6**^  day  of  May  last  he  lead 
his  Company  into  Boston  to  be  mustered,  that  three  days  after  he 
received  General  Winslow's  orders  to  march,  which  he  accordingly 
did,  having  first  been  obliged  to  pay  Nine  pounds  fifteen  shillings 
&  eight  pence  for  the  billeting  of  his  Soldiers  in  Boston.  And  pray- 
ing an  Allowance. 

Eead  and 

Ordered  That  there  be  allowed  &  paid  out  of  y®  public  Treasury 
to  Thomas  Clap  Esq""  for  y''  use  of  y"  Pef  the  sum  of  Six  pounds 
three  ShilP  in  full  for  y"  Billeting  Mentioned.     [Passed  April  23. 


CHAPTEE    600. 


ORDER  ALLOWING  AN  ASSISTANT  COMMISSARY  TO  FORCES  UNDER  THE 
EARL  OF  LOUDOUN. 


Legislative 
Records  of  the 
Council,  xxi., 
555. 

House  Jour- 
nal, p.  472. 


Ordered  that  the  Commissary  to  the  Forces  raised  by  this  Prov- 
ince for  his  Majesty's  Service  under  the  Command  of  the  Right 
honourable  the  Earl  of  Loudoun  be  allow'd  an  Assistant  who  shall 
receive  three  pounds  f?  month  wages  for  his  said  Service.  [Passed 
April  23. 

*  The  House  Journal,  pp.  467,  470,  reads,  ''John  Clap." 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  769 


CHAPTER    601. 

ORDER  DIRECTING   THE  COMMITTEE    OF    WAR    TO    SUPPLY    THE    COM- 
MISSARIES  WITH   SUNDRY   ARTICLES   FOR   THE   SOLDIERS. 

Whereas  this  Court  have  directed  the  Committee  of  War  to  Legislative 
furnish  the  Commissary  of  the  Forces  of  this  Province  under  the  counclf  xx'l^ 
Command  of  the  Earl  of  Loudoun  with  such  Articles  as  they  shall  ■'^se. 
apprehend  will  be  for  the  Service  &  comfort  of  the  Soldiers.  iiouse  Jour. 

Ordered  That  the  Committee  of  War  be  directed  &  impowered  ^iniefp.  w, 
to  agree  for  such  Articles  upon  the  best  terms  they  can;  to  be  paid  chap. 543. 
for  out  of  the  next  Supply  of  the  Treasury ;  and  that  such  of  the 
Soldiers  who  may  be  supplyed  with  Cloathing  or  any  other  Articles, 
shall  be  charged  therewith  by  the  Commissary  at  the  prime  cost  with 
a  reasonable  allowance  for  the  charge  of  transportation ;  the  amount 
of  which  shall  when  the  Muster  Rolls  are  made  up  be  carried  out  in 
the  Commissary  Columns  and  deducted  from  their  Wages  accord- 
ingly.    \^Passed  April  25. 


CHAPTER    602. 

ORDER    FORBIDDING  IMPRISONMENT   FOR  DEBT  OF    SOLDIERS    IN    THE 

SERVICE. 

Whereas  it  is  of  the  Utmost  Importance,  That  the  several  sol-  Rgford^of  ^h 
diers  Impress'd  inlisted  or  hyred  into  his  Mai*^*  service  for  the  Council, xxi., 

-     -—  -■■  -  -         -  ---  ---         -.---  55'j_    Mass. 


intended  Expedition  under  the  Comand  of  the  right  hon'''"  the  Earl  ^^^^1 
of  Loudon  be  not  detained  or  hinder'd  in  their  proceeding  on  the  '^^vi 


ves, 


same  House  Jour- 

Ti   •      J.1  £  nal,  pp.477,478, 

It  IS  therefore  480.    Province 

Ordered,  That  no  person  be  taken  out  of  the  service  by  any  not^.^' "'"' ^^®°' 
process  (unless  it  be  for  some  criminal  matter)  for  any  Debt,  that 
was  not  Contracted  before  the  Twenty  Second  day  of  February 
last  &  in  case  any  person  in  the  Service  afores'^  be  arrested  for 
any  such  Debt,  &  service  made  on  the  body  the  Creditor  Shall 
before  such  person  is  comitted  make  oath  before  one  of  his  Maj*^'®^ 
Justices  of  the  peace  in  the  County,  That  the  Debt  was  actualy 
contracted  before  the  s'^  Twenty  Second  day  of  February  &  was  for 
a  true  &  valuable  Consideration  It  is  also  further 

Ordered  That  if  any  Soldier  is  already  Comitted  for  a  Debt  con- 
tracted since  the  s**  22**  day  of  Feb^^  The  Sheriff  of  the  County, 
where  The  Comittment  is  made,  shall  forthwith  discharge  such 
soldier.     \^Passed  April  25. 


CHAPTER    603. 

ORDER  APPOINTING  A  COMMITTEE  TO  EXAMINE  FORTS,  ETC.   AT  WEST 

HOOSUCK. 

A  Petition  of  Seth  Hudson  Commanding  Officer  at  West  Hoo-  Legislative 
suck  Praying  that  the  Committee  appointed  on  the  Petition  couucu^xVl^ 

of  Josiah  Horsford  &  Others  on  the  ll""  of  January  last,  be  directed  557.  iMass. 
to  repair  to  West  Hoosuck,  &  veiw  its  Situation  &  Circumstances,  cxvii.riis. 


770 


Province  Laws  {Resolves,  etc.).  — 1756-57.  [Chaps.  604-606.] 


Mass. 
Archives, 
Ixxvii.,  405; 
cxvii.,  400,  405. 
House  Jour- 
nal, pp.  70,  428, 
478,  479.    Ante, 
p.  6-28,  chap. 
246;  p. 680, 
chap.  388. 


as  it  is  the  most  exposed  of  any  of  the  Western  Frontiers,  and  the 
properest  place  to  make  a  stand  against  the  Enemy  and  that  the 
Court  would  do  something  for  their  encouragement. 

In  Council  Eead  & 

Ordered  that  Timothy  Woodbridge  Esq'^  of  Stockbridge  with  Such 
as  the  Hon*^"^  House  shall  joyn  be  a  Com*"'"  to  take  the  Petition  above 
referr''  to  into  Consideration  Eepair  to  Hoosek,  to  Examine  the  State 
of  the  Forts  there,  &  Consider  whether  it  be  most  Expedient  to  Ee- 
pair Fort  Massachuset,  to  keep  a  Garrison  there,  &  at  the  Block 
House,  or  to  build  Elswhere;  That  the  S*^  Com""  enquire  into  the 
Facts  alledg*^  Hear  the  Partys,  and  they  are  hereby  Impowered  to 
take  Evidence  relative  thereto  on  oath. 
In  the  House  of  Eep^ 

Eead  and  Concurred,  and  Col°  Marcy  &  Cap*  Livermore  are  joined 
in  the  Affair.     \^Passed  April  25. 


CHAPTER    604. 


Legislative 
Records  of  the 
Council,  xxi., 
558.     Mass. 
Archives, 
Ixxvi.,  444. 

House  Jour- 
nal, p.  479. 


ORDER  ALLOWING  45/8  TO   SARAH   WALKER. 

A  Petition  of  Sarah  Walker  Setting  forth  that  her  late 

Husband  Hezekiah  Walker  was  an  inlisted  Soldier  in  the  Crown 
Point  Expedition  in  1755;  that  he  came  home  sick  &  died  soon 
after  and  praying  to  be  allowed  her  Expences  for  a  Docter,  Nurse, 
&  some  Necessaries,  Also  praying  an  Allowance  for  billetting  on  his 
Eeturn. 

Eead  and 

Ordered,  That  there  be  allowed  &  paid  out  of  y®  public  Treasury 
to  W™  Eichardson  Esq''  for  the  use  of  the  Pef  the  sum  of  forty  five 
Shillings  &  eight  pence  in  full  consideration  of  y®  Expences  men- 
tioned.    \^Passed  April  25. 


Legislative 
Records  of  the 
Council,  xxi., 

558. 

House  Jour- 
nal, p.  478. 
Province 
Laws,  iii.,  1081, 
note.    Ante, 
p.  764,  chap. 
591. 


CHAPTER    605. 

ORDER  directing  THE   PROVINCE    TREASURER    TO    PAY    WAGES    IN 
ADVANCE   TO    OFFICERS   OUT   OF   APPROPRIATION  FOR   GRANTS. 

Ordered  That  the  Treasurer  be  &  he  is  here  directed  to  pay  the 
one  months  advance  Wages  ordered  to  be  paid  each  Commission 
Officer  on  the  intended  Expedition  out  of  the  Appropriation  for 
Grants.     \^Passed  April  25. 


CHAPTER    606 


Legislative 
Records  of  the 
Council,  xxi., 
558.    Mass. 
Archives, 
Ixxvi.,  713. 

House  Jour, 
nal,  p.  471. 
Ante,  p.  443, 
chap.  282. 


VOTE  IN  REGARD  TO  TRANSPORTATION  OF  OFFICER'S  BAGGAGE. 

The  Baggage  belonging  to  Col°  Frye  &  his  Officers  being  put 
on  board  one  of  the  Transports  taken  up  by  the  Earl  of  Loudoun's 
Agent; 

Voted  that  the  Com'-''  of  War  be  directed  to  give  orders  to  some 
person  in  New- York  to  Assist  in  Transporting  the  Same  to  Kender- 
hook  &  to  pay  the  charge  thereof,  if  any.'     [Passed  April  25. 

*  Signed  by  14  of  the  Council. 


[5th  Sess.]     Province  Laws  {Resolves^  etc.).  — 1756-57.  771 


CHAPTEE    607. 

ORDER  DIRECTING    THE  PROVINCE   TREASURER   TO    PAY    THE    WAGES 
OF   ADONIJAH   RICE   IN  FULL. 

A  Petition  of  Elisabeth  Eice  &  Others,  Heirs  of  Adonijah  Rice  Legislative 
of  Rutland  a  Soldier  in  the  Crown  Point  Expedition  in  1756     Set-  counc'irxxL.^ 
ting  forth  that  said  Adonijah's  Gun  was  stolen  during  his  Sickness  559.  Mass. 
near  Albany    And  praying  that  they  may  be  allowed  to  receive  Four  ixxvlI694. 
pounds  out  of  the  Treasury  which  was  stopped  out  of  the  deceaseds  Mass.  ' 

Wages  on  account  of  said  Gun.  f  ""^^^^^l', 

•n        -\    Q  Ixxvi.,  693. 

Kead  &  House  Jour- 

Ordered  That  the  Treasurer  pay  to  John  Murray  Esq''  for  the  ^ntl,'-^^m, 
use  of  y*"  Petit"  the  full  Wages  of  y*  said  Adonijah  Rice,  his  Arms  ^'^^p-  ^i^- 
not  being  returned  Notwithstanding.'     \^Passed  April  25. 


CHAPTER    608. 

ORDER  ALLOWING  SUNDRY  AMOUNTS   TO   DIVERS    OFFICERS    OF    LATE 
CROWN  POINT   EXPEDITION. 

A  Meaiorial  of  John  Winslow  Esq'  General  of  the  Forces  raised  J^egisiative 

Kccorcis  ot  tQ6 

in  1756  for  the  defence  &  protection  of  his  Majesty's  Territories  near  Council,  xxi., 
Lake  Champlain  and  places  adjacent,  &  for  removing  the  French  Archives^' 
from  their  Encroachments  already  made  there     In  behalf  of  the  ixxvi.,  612. 
General  StafE  Officers  of  said  Forces.     Setting  forth  that  General  Mass. 
Shirley  from  whom  they  received  their  Commissions  did  establish  ix^viTeii,  613. 
the  Pay  for  a  Quarter  Master  and  Adjutant  General  each  ten  pounds  ^aTpp'^344'^345 
^  month,  of  which  this  Province  voted  to  pay  their  Proportion  with  463,'455.   Ante' 
the  other  Governments;  but  that  the  rest  of  the  General  Staff  Officers  482.   '^  *^' 
have  no  Establishment,  and  having  done  their  duty  faithfully,  pray 
to  be  heard  &  retaliated  for  their  Services. 

Read  and 

Ordered,.  That  there  be  allowed  and  paid  out  of  the  Public  Treas- 
ury to  M"^  Ralph  Gulston  Waldo  the  sum  of  five  pounds  eight  shil- 
lings ^  month  from  the  Date  of  his  Commission  to  the  time  of  the 
Dismission  of  the  Forces,  reckoning  also  y®  time  for  his  return  home 
as  allowed  to  others: 

Also  y'  y'*  be  allowed  &  paid  to  M''  Henry  Led  del  nine  pounds 
^  month  from  y*  Date  of  his  Commission  till  the  22'^  of  April  Cur- 
rent in  full  for  his  Services : 

Also  y*  M'  John  Pierce  be  paid  as  a  Lieut'  for  his  Care  of  the 
stores  from  the  time  of  the  Dismission  of  the  Forces  at  Lake  George 
so  long  as  he  may  be  necessarily  detained  in  that  service : 

Also  That  M''  Jeremiah  Hall  be  paid  the  sum  of  three  Pounds 
for  one  month's  service  in  taking  Care  of  the  Hospital.  And 

iVs  to  the  other  Officers  they  having  received  pay  from  the  respec- 
tive Governm*^  by  whom  they  were  employed  in  different  Capacities; 

Voted  That  no  further  allowance  be  made  them.    [Passed  April  25. 

^  Signed  by  13  of  the  Council. 


772 


Province  Laws  {Besolves,  etc.) .  — 1756-57.  [Chaps.  609-611.] 


Legislative 
Records  of  the 
Council,  xxi., 
560.    Mass. 
Archives, 
Ixxvi.,  7"20. 

House  Jour- 
nal, p.  479  bis. 
Ante,  p.  726, 
chap.  489. 


CHAPTER    609. 

ORDER    ALLOWING   TO    DOCTOR    MILES    WHITWORTH    HIS    WAGES    IN 

FULL. 

A  Memorial  of  Doctor  Miles  Whitworth  Setting  forth  That 

He  was  appointed  Surgeon  to  the  1,800  Men  raised  for  the  intended 
Expedition,  on  the  15""  day  of  February  last,  by  his  Honour  the 
Leiutenant  Governor,  whom  it  pleased  God  to  take  away  before  the 
Memorialist  received  his  Commission.  And  as  he  has  been  upon  duty 
ever  since  his  Appointment  Praying  that  he  may  be  allowed  Pay 
from  the  15  February  to  the  date  of  his  Commission. 

Eead  and 

Ordered,  That  the  prayer  of  this  Memorial  be  granted,  &  that 
the  Mem^*^  be  allowed  to  be  made  up  in  the  Muster  Roll  from  the 
15*^  of  Feb:  last,  the  Date  of  his  Commission  Notwithstanding. 
[Passed  April  25. 


CHAPTER    610. 


ORDER  DIRECTING  THE  REMOVAL   OF  FIVE   FRENCH   NEUTRALS   FROM 
NEEDHAM   TO   WRENTHAM. 


Legislative 
Records  of  the 
Council,  xxi., 
660.    Mass. 
Archives, 
xxiii.,  396. 

Mass. 
Archives, 
xxiii.,  395. 
House  Jour- 
nal, p.  479. 
Province 
Laws,  ill.,  1061, 
note. 


A  Petition  of  Amos  Fuller  of  Needham  Setting  forth  that 

there  are  twelve  of  the  French  Inhabitants  of  Nova  Scotia  placed 
there,  and  as  the  Town  is  very  small  Praying  that  they  may  be 
removed  elsewhere. 

Read  and 

Ordered,  That  five  of  y^  french  Inhab*^  late  of  Nova  Scotia  be 
removed  from  the  Town  of  Needham  to  the  Town  of  Wrentham  at 
the  Charge  of  the  Town  of  Needham,  k,  that  the  Select  Men  of  the 
Town  of  Wrentham  receive  the  said  French  persons  &  govern  them- 
selves with  regard  to  them  According  to  Law.     [Passed  Ajjril  25. 


CHAPTER    611. 


Legislative 
Records  of  the 
Council,  xxi., 
561.    Mass. 
Archives, 
Ixxvi.,  185. 

Mass. 
Archives, 
Ixxvi.,  184. 
House  Jour- 
nal, p.  479. 


ORDER  ALLOWING  27/4  TO   ELY  PRICHARD. 

A  Petition  of  Ely  Prichard,'  a  Soldier  in  the  last  Expedition 
against  Crown  Point.  Setting  forth  that  on  his  return  home 

he  was  taken  very  ill,  &  praying  an  Allowance  of  the  Expence  occa- 
sioned thereby. 

Read  and 

Ordered  That  there  be  allowed  &  paid  out  of  y*'  Public  Treasury 
to  M''  Tho^  Clarke  for  y^  use  of  y^  Pet"  the  sum  of  twenty  seven 
ShilP  &  four  pence  in  full  Consideration  of  y*  Expences  Mentioned. 
[Passed  April  25. 

*  The  House  Journal,  p.  479,  reads,  '^  Elizabeth  Pricfiard." 


[5th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1756-57.  773 


CHAPTER    612. 

ORDER    ALLOWING    £4    TO    EZRA    BULLARD    AND    40/    TO    TIMOTHY 

C  ALLAH  AM. 

On  the  Petitions  of  Ezra  Bullard  &  Timothy  Callaham,  Legislative 

Ordered  That  there  be  allowed  &  paid  out  of  the  Public  Treasury  coSaS  xli^,* 

to  Capt°  Nathanael  Sumner  for  the  use  of  Ezra  Bullard  four  Pounds,  ^^ 

&  for  the  use  of  Timothy  Callaham  forty  shillings  in  full  discharge  Mass. 

of  the  Expences  on  the  late  Crown  Point  Expedition  in  said  Peti-  ixxvi.IIw,  ess. 

tions  mentioned.     [Passed  April  25.  ^\^.Iho^' 


CHAPTER    613. 

ORDER  IMPOWERING  SARAH   HUMPHREY  TO  SELL  REAL  ESTATE. 

A  Petition  of  Sarah  Humphry  &  Others  Heirs  of  Ebenezer  Legislative 
Humphry  of  Hingham  deceased.         Praying  liberty  to  sell  a  small  counc*if,  xli!)* 
Tenement  &  three  Acres  &  an  half  of  Land  the  Estate  of  the  ^ei.  Mass.  ' 
deceased,  &  to  distribute  the  produce  among  the  Heirs.  sie.        '      "' 

Read  and  Mass.        ~~~ 

Ordered  that  the  prayer  of  this  Petition  be  so  far  Granted  as  that  ^5*'^Hou8e*^'' 
the  said  Sarah  Humphrey  be  and  she  hereby  is  authorized  &  impow-  Journal, p.  473. 
ered  to  make  Sale  of  the  House  and  Lands  within  mentioned  and  Lawsfu!,  isi, 
to  make  and  execute  a  good  and  sufficient  Deed  or  Deeds  thereof  she  ^^^^'  ^^' 
attending  the  Law  respecting  the  sale  of  Real  Estates  by  Executors 
&  Administrators  and  giving  sufficient  Caution  to  the  Judge  of  pro- 
bate for  the  County  of  Suffolk  for  applying  the  neat  produce  thereof 
agreeable  to  Law.     [Passed  April  25. 


Index    of   Names 


[775] 


INDEX    OF    NAMES. 


Abbot,  Jonathan, 

Abbot,  Joseph, 

Abbot,  Obed, 

Abbot,  Oliver, 

Abbot,  Thomas, 

Abigail,  the  brigantine 

Abigail,  the  schooner, 

Abington, 

Acton, 

Adams,  Abraham, 

Adams,  Archelaus, 

Adams,  Charles, 

Adams,  Israel, 

Adams,  John, 

Adams,  John  (of  Braintree), 

Adams,  John  (of  Taunton), 

Adams,  Nathaniel, 

Adams,  Oliver, 

Adams,  Samuel,     . 

Adams,  Stephen,    . 

Ahauton,  Amos  (Indian), 

Ahauton,  Job  (an  Indian), 

Aish,  William, 

Albany,    IS,  102,  109,  133  bis 


143. 


349,  392,  393  bis,   394,  396,  398,  399,  400,  432, 


544 
152 
706 
759 
561 
84 
635 
103 
145,  332 
.  540 
144,  146,  157  bis, 


Page 
534 
743 
678 
275 
743 
439 
554 
228 
680 
590 
546 
564 


468,    470,  475, 

513,   583,  585, 

646,   664,  666, 

731,    733,  734, 

.  534 

.  275 

.  510 

.  720 


439,  440,  450,  451,   466,    467 
476,   477,  480,   481,   499,   504 
600,   605,   609,   618,   620,   622 
677,    688,    698,    715   bis,    716 
736  bis,  749,  750,  751 
Alexander,  Joseph, 
Allen,  Ann,    .... 
Allen,  Hannah, 
Allen,  Isaac, 

AUen,  James,    21,  27,  28.  33,  105.  107,  111,  118,  186, 

189,  245 
Allen,  Jeremiah,     .  .  .  .  .  .160 

Allen,  John, 27,  374 

Allen,  John  (of  Newton),  ....     275 

Allen,  Jonas,  ......     486 

Allen,  Joseph 436,  601 

Allen,  Josiah,  ......       64 

Allen,  Nathan, 728 

Allen,  Nathaniel,    ....         210,  542,  564 

Allen,  Samuel,        ......     510 

Allen,  Sarah,  ......       64 

Allen,  Sylvanus,     ......     451 

Almberry  {see  Amesbury). 

Alpin,  John, 493 

Alvord,  Aaron,        ......     508 

Alvord,  Stephen,    ......     534 

Amascoggin,  Amerescoggin  River  (see  Andros- 
coggin). 

America 274,  493 

Amesbury,     .......       41 

Amesbury  Ferry,  ......     672 

Ammidown,  Ichabod,     .....     175 


Amorson,  Benjamin, 
Andover, 

Andrews,  Capt.  James, 
Andrews,  Levi, 
Andrews,  Samuel, 
Andrews,  WiHiam, 
Androscoggin  River, 
Andross  (see  Andrews), 
Anguilla, 

Ann  Street,  Boston, 
Anthony,  John, 
Antigua, 

Appleton,  Daniel,  . 
Appleton,  Nathaniel, 
Appleton,  Samuel, 
Apthorp,  Charles,  . 
Arasaguntacook  Indians 
Arnold,  Gamaliel,  . 
Arrowsick  Island,  . 
Arthur,  Thomas,    . 

Ashley,  Maj. , 

Ashley,  Ebenezer, 

Ashley,  Israel, 

Ashley,  Capt.  Israel, 

Ashley,  Dr.  Israel, 

Ashley,  John, 

Ashley,  John  (of  Sheffield). 

Ashley,  Capt.  John, 

Ashley,  Maj.  John, 

Ashley,  Jonathan, 

Ashley,  Margaret, 

Ashley,  Miriam, 

Ashley,  Moses, 

Ashley,  Noah, 

Ashley,  Maj.  Noah, 

Ashley,  Phineas,     . 

Asten,  Hannah, 

Atchinson,  Deliverance, 

Atkins,  Joshua, 

Attleborough, 

Atwood,  John, 

Atwood,  Samuel,    . 

Audeburt,  Phihp,  . 

Audeburt,  Philip  (son  of 

Austin,  John, 

Austin,  Nathaniel, 

Avarel  (see  Averil). 

Averil,  Israel, 

Averil,  Israel  (of  Topsfie' 

Averil,  Nathaniel, 

Avery,  John, 

Avery,  John  (of  Boston) 

Awansamug,  Awonsamog   (see 

Awonsamugg  (an  Indian). 

Ayer,  Hannah. 

Ayer,  William, 

Ayres,  William, 

Ay  res,  Capt.  William, 


41, 


Philip  Audeburt) 


Id), 


Page 

.  581 
428,  713 
.  571 
.  741 
.  607 
.  742 
226,  541 

404,  405 
79,  160 
.  202 
.  621 
178,331,  531,607 
465 
37 
43,  273,  588 
.  343 
.  544 
.  737 

330,  537 
.  743 
43.44 
.  223 
.  248 
.  291 
207,  470,  647 

143,  632 

118,  119 
.  549 
.  43 
.   43 

553,  740 
.  502 
54,  740 
.  553 
.  43 
.  650 
.  750 

532,  702 
.  134 
.  439 
.  716 
.  74 
.  74 
.  554 
.  632 

.  235 

.  690 

.  37 

.  447 

.  554 


140, 


Awonsamugg) 


655 
236 
384 
143 

26 


[777] 


778 


Index  op  Names. 


Babbet  (see  Babbit). 

Babbit,  Benaiah,    .... 

Babbit,  Benjamin  (see  Benaiah  Babbit). 

Babbit,  Samuel, 

Babbit,  Seth, 

Babcock,  Jason, 

Bacon,  Ebenezer, 

Bacon,  John, 

Bacon,  Jonathan, 

Badcoclv,  Jason, 

Badcock,  Nathaniel, 

Badger,  Henry, 

Badger,  Rev.  Stephen, 

Bagley,  Col. , 

Bagley,  Col.  Jonathan, 

Bailey,  Edmund,   . 

Bailey.  Edward,     . 

Bailey,  James, 

Bailey,  Mary, 

Bailey,  Richard,     . 

Bailey,  Simon, 

Bailey,  William,     . 

Bailey.  William  (of  Amesbury), 

Baker, , 


Baker,   Edward   (trustee  of   Hassanimisco  In 


dians). 
Baker,  John, 

Baker,  John  (of  Topsfield), 
Baker,  Joseph, 
Baker,  Mary, 
Baker,  Samuel, 
Baker,  Seth, 
Baker,  Thomas, 
Baker,  William  (doorkeeper). 
Baker,  \Ailliam, 
Baldwin,  Ebenezer, 
Baldwin,  Isaac 
Baldwin,  Jeduthen, 
Baldwin,  Samuel,  . 
Ball,  Abigail, 
Ball,  Charles, 
Ball,  Noah,   . 
Ball,  Peter,   . 
Ball,  Robert, 
Ballard,  Joseph, 
Ballard,  Joshua,     . 
Ballard,  Nathaniel, 
Balstone,  Nathaniel, 
Bancroft,  David,    . 
Bancroft,  Samuel, 
Bancroft,  Timothy, 
Bane,  David, 
Bane,  James, 
Bane,  John, 
Bane,  Joseph, 
Bangs,  Ahiah, 
Bangs,  Abijah, 
Bangs,  Abijah  (son  of  Abijah 
Bangs,  Jonathan, 
Bangs,  Seth, 
Banks,  Moses, 
Bannister,  John, 
Barbadoes,    . 
Barber,  Nathaniel 
Barber,  Robert, 

Barker,  , 

Barker,  Ebenezer, 
Barker,  Capt.  Ebenezer, 


Page 


173,  174 


693 
641 
686 

240 

588 

15,  178,  339,  547 

.   419,  561 

.   103,  106 

.  508 

72,  73,  240 

.  750 

.   504,  511 

.  547 

.  106 

.  742 

.   182,  183 

690,  742,  750 

.  547 

.  581 

41 

.  573 


12,  172,  532 
.  508 
.  426 
.  534 
.  728 
534,  543,  590 
.  620 
.  100 
92,  264,  414,  677 

.  452,  453 
.  576 
.  494 

.  545,  630 
.  495 
.  607 
.  430 
.  430 
.  607 
85,  190,  256,  427,  664 
.  360 
.  704 
.  605 
.  353 
.  406 
.  750 

.  630,  730 
.  277 
.  277 
.  277 

.  277,  330 
.  466 
.  411 
Bangs),  .  .411 
.  466 
.  411 
.  277 
.   18 

.  498,  621 
.  251 
.  537 
.  727 
547,  554,  564,  722 
.  660 


Page 

Barker,  Elizabeth, 13 

Barker,  Isaac, 

13,  129 

Barker,  John, 

.     161 

Barker,  Joseph, 

.     557 

Barker,  Josiah, 

306,  307 

Barker,  Peleg, 

.     129 

Barker,  Capt.  S , 

.     660 

Barlow,  Abner, 

.     693 

Barlow,  William,   . 

.     693 

Barnaby,  Ambrose, 

.     110 

Barnard,  Benjamin, 

.     628 

Barnard,  John, 

.     714 

Barnard,  Dr.  John, 

.     714 

Barnard,  Joseph,    . 

.     647 

Barnes,  Abraham, 

.     508 

Barnes,  Henry, 

.       80 

Barnes,  Moses, 

.     654 

Barney,  Daniel, 

.     331 

Barney,  Jonathan, 

373,  438 

Barns  (see  Barnes). 

Barnstable,   .          .      62,  110,  230,  231,  292,  357,  446 

Barnstable  County,    15, 

27,  42,  55  bis,  62,  63,  79,  98 

178,    187,   230,   243,   292,   312,   339,   357,   373, 
411,   412,   415,   446,   457,   459,  466,  536,  547, 
572,  613,  647,  652,  662 
Barrett,  Capt.  James,      .  .  .        590,  628,  722 

Barrett,  Nathan, 590 

Barrow,  Combes,   ......     341 

Barrow,  Elisha 242 

Barrow,  Robert,     ......     693 

Barrow,  Samuel,    ......     341 

Barrow,  Sylvanus,  .....       76 

Bartlet,  Ephraim,  .....     336 

Bartlet,  Samuel 665 

Bartlett,  Jonathan,  .....     666 

Barton,  Joshua,      ......     561 

Barweek,  Margaret,         .....     728 

Baty,  Samuel 750 

Baxter,  Malachi,    ......     415 

Baxter,  Thomas,    ......     137 

Bayard,  Belteshazzar,     ...  78,  122,  297 

Bayard,  James,      ......     123 

Bayard,  Mary, 122,  123 

Bayard,  Mehetible 123 

Bayard,  Phebe, 123 

Bayard,  Sarah,       ......     123 

Bayard,  AVilUam 123 

Bay  ley  (see  Bailey). 

Beacon  Island, 

Beal,  Josiah, 

Bearce,  Hezekiah, 

Beaumont,  Phineas, 

Beautinea,  James  (see  James  Boutineau), 

Beaver  Dam, 

Beckencoves, 

Bedford, 

Bedlow,  Stephen,  . 

Bedorthy,  Shadrach, 

Belcher,  Andrew,  . 

Belcher,  Jonathan  (Governor 

Belknap,  Abraham, 

Belknap,  Mary, 

Bell,  Mary,    . 


Bell,  Samuel, 
Bell,  Thomas, 
Bellingham,  . 
Bellows,  Isaac, 
Bellows,  Ithamar, 
Beman,  Jabez, 


.  256 
.  346 
.  273 
.     450 

.     297 

94 

308,  309 

138,  580 

.     106 

.     701 

.       29 

of  New  Jersey),    .       29 

69,  217,  588 

.       217,  589 

.     551 

.     569 

.     135 

407,  428,  680,  606 

.     447 

.     487 

.     491 


Index  of  ^Names. 


'79 


Page 

Bemis,  Capt.  Edmund,   . 

.     718 

Bemis,  William,     .... 

.     748 

Benacour  (see  Beckencoves). 

Benet,  Hester,        .... 

.     341 

Bennet,  Isaac,        .... 

.     415 

Bennet,  Isaac  (son  of  Isaac  Bennet), 

.     415 

Bennet,  Ithamar,  .... 

.     534 

Bennet,  Jacob,       .... 

.     341 

Bennet,  Nehemiah, 

.     341 

Bennet,  Silas,         .... 

.     534 

Bennet,  Spencer,    .... 

.     235 

Bennet,  Spencer  (of  Salisbury), 

,     484 

Benson,  Elnathan, 

.     341 

Benson,  Joshua,     .... 

.     341 

Benson,  Rowland, 

.     341 

Bent,  Hopestill,      .... 

148,  498 

Bent  &  Pope,          .... 

.     504 

Benua,  Glude,        .... 

.     760 

Berkley,         ..... 

7,  130,  173 

Berry,  Thomas,      .... 

37,  186 

Berry,  Col.  Thomas. 

.     720 

Berwick,        ..... 

152,  225 

Best,  Edward,        ...» 

.     108 

Bethune,  George,  .... 

.     437 

Bethune,  Nathaniel, 

.     437 

Bever  Dam  (see  Beaver  Dam). 

Beverly,         ....          210,  2 

19,  257,  304 

Biddeford,     ..... 

47,81,  175 

Bigelow,  Amariah, 

.     633 

Bigelow,  John,        .... 

.     284 

Biglo  (see  Bigelow). 

Bill,  Mary, 

.     219 

Bill,  Richard,          .          .          .          .        1 

SI,  380,  575 

Billerica,        ..... 

.     275 

Billing,  Benjamin, 

544,  545 

Billing,  John,          .... 

18,  56 

Billing,  Joseph,       ....        2 

S7,  504,  548 

Billing,  Richard,    .... 

.       18 

Billing,  Thomas,    .... 

.     479 

Billings,  Capt. , 

.       86 

Birge,  John,            .... 

.     590 

Birmingham,  Francis,     . 

30,  65 

Bisbe,  Jairus,          .... 

.       88 

Bisbe,  Susannah,    .... 

.       88 

Bisby,  Jonathan,    .... 

.     722 

Bishop,  Jonathan, .... 

.     719 

Bishop,  Luke,         .... 

.     583 

Black,  Robert,        .... 

.     491 

Black  River,           .... 

.     602 

Blackman,  Benjamin, 

.     249 

Blackmore,  Peter, 

.     535 

Blair,  John,  ..... 

.     753 

Blair,  William,        .... 

537,  538 

Blaisdell,  Samuel, 

.     486 

Blake,  Capt. , 

719,  763 

Blake,  John,            .... 

.     496 

Blake,  Capt.  Nathaniel, 

.     494 

Blake,  Susannah,   .... 

.     496 

Blanchard,  David, 

.     712 

Blanchard,  John,   .... 

712,  713 

Blanchard,  Joseph, 

.     534 

Blanchard,  Joshua, 

.     487 

Blanchard,  Samuel, 

.     712 

Blandford,     ..... 

.     239 

Blaney,  Jedediah, 

.     535 

Bliss,  Abel,    ..... 

.     494 

Blodget,  Abner,      .... 

.     543 

Blodget,  Caleb,       .... 

.       24 

Blodget,  Samuel,    .... 

24,  434 

132,  138,  145,  160 

232  bis,  237,  247, 

268,  277,  283,  306 

362  bis,  381,  387, 

466,  468,  470,  474 

579,  580,  584,  588 

626,  632,  638,  640 

732,  733,  734,  749 
Boston  Harbor, 

Boston  Township  Number  Two  (Colrain) , 
Bourn,  Mary, 
Bourn,  Melatiah,    . 
Bourn,  Sylvan  us,  . 
Boutell,  James, 
Boutell,  John, 
Boutineau,  James, 
Bowden,  Benjamin, 
Bowden,  Benjamin  (of  Lynn), 


Page 

.  625 

.  82 

.  82 

.  755 

.  554 

.  698 

.  112 

.  182 

.  23 

.  764 

.  491 

43,  53,  56,  79,  95,  107,  117, 

255  bis,   257,  264,  265,  266, 

399,  619,  668,  737 

.  734 

.  388 

.  368 

.  560 

.  486 

.  752 

.  752 

.  145 
451,  554 

.  700 

.  700 


Blodget,  William,  . 
Blogget  (see  Blodget). 
Blood,  Phineas, 
Blood,  Sarah, 
Blood,  Simon, 
Blunt,  Samuel, 
Bly,  Ebenezer, 
Boardman,  Andrew, 
Boardman,  William, 
Boardman,  WilUam,  jr., 
Bodroitt,  Peter, 
Boise,  David, 
Bollan,  WilUam,    32,  33 

122,   189,  254  ter, 

346,  352,  359,  394 
Bolton,  Elisha, 
Bond,  John, 
Bond,  John,  jr.. 
Bond,  Samuel, 
Bonney,  Isaac, 
Bonney,  Job, 
Bonney, Jonathan, 
Borland,  John, 
Boscawen,  the  schooner 
Bosson,  Dorothy,  . 
Bosson,  W'illiam,    . 
Boston,    18,  49,  68  bis,  79,  82,  100,  108,  114,  115,  117, 


213,  214,  218,  219,  221,  224, 
261,  252,  253,  258,  259,  264, 
308,  309,  343,  355,  366,  360, 
388,  393,  399,  418,  434,  440, 
476,  496,  533,  646,  669,  575, 
591,  594,  697,  598,  624,  626, 
657,  667,  671,  709,  721,  729, 
759,  762,  768. 

190,  387,  400 

.  297 

122,  123 

122,  123 

110,  152,  459,  662 

.  453 

.  453 

78,  122,  123,  297 

.  502 

247,  248 


Bowdoin,  James,  21,  41,  189,  204,  296,  369,  401,  404 
Bowdoin,  James  (of  Boston),  ....  68 
Bowdoin,  William,  .....     433 

Bowdoin.  William  (guardian),  78,  122,  123,  297 

Bowdoin,    WiUiam     (trustee    of    linen    manu- 


facture), 
Bowen,  Thomas,    . 
Bowers,  Sarah, 
Bowman,  Joseph,  . 
Boxford,        .... 
Boyd,  James  (see  Joseph  Boyd). 
Boyd,  Joseph, 
Boyden,  Lemuel,   . 
Boyden,  Samuel,    . 
Boyden,  Seth, 
Boyden,  Thomas,  . 
Boylstone,  Nicholas, 
Boylstone,  Nicholas  (of  Boston), 
Boylstone,  Thomas, 
Bradbury,  John,     243,  374,  459,  491,  6 


Braddock,  General  - 

Bradford,  Col. , 

Bradford,  Gamaliel, 


.     170 
.     460 
.     502 
.       84 
.     535 
.     352 
.     597 
384,  405,  576,  599 
4,  652,  662, 
668 
.     364 
26,  162,  266,  734 
110,  156,  420,  544,  662,  730 


.  258 
.  689 
.  742 
.  686 
37,  136 


780 


Index  of  Names. 


Page 

Page 

Bradford,  Hannah, 

.     224 

Brown, (Commissary),     . 

.     703 

Bradford,  Joel, 

479 

Brown,  Col. ,  . 

.     519 

Bradford,  Joshua, 

727 

Brown,  Abigail, 

.       569,  625 

Bradford,  Perez,    . 

202 

Brown,  Abishai,     . 

.     460 

Bradford,  Samuel, 

80 

Brown,  Anthony,  . 

.     353 

Bradley, 

162 

Brown,  Benjamin, 

.626 

Bradley,  John, 

516 

Brown,  Elizabeth, 

.     360 

Bradley,  Nathan,  . 

516 

Brown,  Ephraim,  . 

.     546 

Bradshaw,  John,    . 

61 

Brown,  Henry  Young,    . 

.     201 

Bradshaw,  Mercy, 

61 

Brown,  Isaac, 

.     502 

Bradstreet,  John,  . 

.       728,  762 

Brown,  Jacob, 

.     678 

Bradstreet,  Rev.  Simon, 

.       159,  239 

Brown,  Capt.  John,         .           534, 

561,  583,  630,  742 

Brag,  Henry, 

.     534 

Brown,  Joseph, 

.     416 

Bragdon,  Solomon, 

.       89 

Brown,  Luke, 

.     491 

Braintree,      .... 

152,  275,  603 

Brown,  Lydia, 

.     625 

Braintree  Farms,    . 

.     340 

Brown,  Mary, 

.      353,  625 

Brand,  Caleb  (an  Indian), 

.       419,  738 

Brown,  Richard,    . 

.     353 

Brand,  Joshua  (an  Indian), 

149,  200,  421,  605 

Brown,  Samuel, 

.     462 

Brattle,  Col. , 

178,  238,  245,  296 

Brown,  Samuel  (of  Boston),    . 

.     388 

Brattle,  William,     186,  245,  382,  4( 

)1,  422,  423,  433, 

Brown,  Simeon, 

.     201 

469,  529,  535,  611,  626,  ( 

344,  661,  668,  680 

Brown,  Stephen,    . 

.     591 

Breden,  John,  jr.,  . 

.     756 

Brown,  Timothy,   . 

.     117 

Breden,  Samuel,     . 

.     756 

Brown,  WiUiam,     . 

.     569 

Breeden,  John, 

.     765 

Brownell,  Jonathan, 

.     570 

Breeden,  Samuel,  . 

.     765 

Brownell,  Wilham, 

.     570 

Brewer,  Capt.  Daniel, 

.     571 

Brunswick,    .... 

.       531,  564 

Brewer,  Capt.  John, 

.     610 

Brunswick  Fort,     .           .            225, 

226,  260,  317,  409 

Brewer,  Samuel,     . 

.     508 

Bryant,  Seth, 

.       344,  518 

Brewster,  John, 

.     373 

Bryant,  Thomas,    . 

422 

Brewster,  "WrestUng,  jr., 

.     665 

Bubier,  Christopher, 

.     481 

Briant,  Jonathan, 

.     196 

Buck,  Samuel,  jr.. 

.     420 

Briant,  Nathan, 

.     491 

Buckley,  Peter, 

.       421,  422 

Bridge,  Matthew,  . 

.     330 

Buckminster,  Joseph,      .  110,  494, 

543,  650,  742,  759 

Bridges,  Caleb, 

.     534 

Buckminster,  Thomas,    . 

.     491 

Bridgewater,            .           .            227,  : 

228,  421,  436,  605 

Bucknam,  Benjamin, 

.     552 

Bridgham,  Timothy, 

.     547 

Bucknam,  Samuel, 

.     552 

Brigantine  Abigail, 

.     439 

Bulfinch,  William, 

.     388 

Brigantine  Dolphin, 

.       388,  576 

Bulkley  (see  Buckley). 

Brigantine  Mermaid, 

.     437 

Bullard,  Ezra, 

.     773 

Brigantine  Middleburgh. 

.       562,  563 

Bullard,  Jonathan, 

.     486 

Brigantine  Ordnance  Packet,  . 

.     488 

Bullard,  Nathaniel, 

200,  201,  406,  421 

Brigantine  Peggy, 

.     398 

Bullard,  Solomon, 

.     681 

Brigantine  Pursue, 

.     498 

Bullock,  Capt.  William, 

.     749 

Brigantine  Rebecca, 

.       405,  576 

Bunch  of  Grapes  (tavern). 

.     232 

Briggs,  Joseph, 

.     643 

Bunker,  John, 

.       244,  374 

Brigham,  Timothy, 

.       678,  742 

Burghart,  Gamaliel, 

.     494 

Brimfield,      .... 

.       94 

Burleigh,  Andrew, 

37,  215 

Brinley,  Col. , 

.     154 

Burleigh,  Mary, 

.     215 

Bristol  County,    7,  27,  35,  36,  59, 

75,  76,  117,  134, 

Burn,  Patrick, 

.     201 

188,  224,  225.  231,  243,  278,  2 

85,  310,  327,  332, 

Burne,  Sarah, 

.     286 

365,  373,  380,  434,  459,  461,  4 

81,  482,  533,  602, 

Burnet,  John, 

.     315 

603,  614,  641,  652,  657,  662,  6 

69,  689,  710,  711, 

Burnham,  Nathaniel, 

.     136 

729 

Burt,  Abel 

7 

Broad,  Hezekiah,  . 

.     555 

Burt,  Benjamin,     . 

.     727 

Broadbay  (Waldobo rough,  Maine), 

289,  500,  545, 

Burt,  Daniel, 

.       508,  654 

564,  707 

Burt,  Eleazer, 

.     745 

Broadstreet  (see  Bradstreet). 

Burt,  John,   .... 

.     495 

Brock,  John, 

541,  672,  673 

Burton,  William,    . 

.     535 

Broclebank,  John, 

.     615 

Burton's  Blockhouse, 

600,  545,  707 

Bromfield,  Henry, 

.       498,  591 

Bush,  Japhet, 

.     581 

Brookfield,    42,  143,  144,  149,  193,  '. 

>82,  283,  288,  289, 

Buswell,  John, 

.     742 

336,  340,  345,  384,  385,  415,  4 

19,  565,  580,  683, 

Butterfield,  Benjamin,    . 

.     759 

705,  760,  761 

Butterfield,  Joseph, 

.     487 

Brookline,     .... 

96,  505 

Butterfield,  Nathaniel,    . 

.     546 

Brooks,  Ann  (an  Indian), 

.       75 

Butterworth,  Nathaniel, 

.     635 

Brooks,  Benjamin, 

660 

Buttolph,  John,      . 

12 

Brooks,  Eunice  (an  Indian),    . 

656 

Buttrick,  Jonathan, 

.     483 

Brooks,  John, 

479 

Buttrick,  Samuel, 

.     483 

Brooks,  Silas, 

715 

Bysbee  (see  Bisbe). 

Index  of  IS^ajvies. 


'81 


c 


Page 
.  520 
.  204 
.  515 
81,  213 
.     596 


Caldwell,  Daniel,    . 

Caldwell,  John, 

Calef,  John,  . 

Calef,  John  (of  Ipswich), 

Calef,  Joseph, 

Calif  {see  Calef). 

Callaham,  Timothy,         ....  773 

Cambridge,     57,  58,  90,  91,  154,  162,  271,  272,  278, 

295,  330,  413  ter,  443,  529,  580,  674  ter,  696, 

747,  748 
Campbell,  Duncan,  .....     299 


.     383 

271,  598,  616,  668,  691 

.       311,  745 

.     762 


Campbell,  Sarah,    . 
Canada,  .   22,  67,  117,  176 

Canada  Expedition, 
Canso, 

Cape  Breton  E.xpedition  (see  Louisburg  Expe- 
dition). 

Cape  Cod 629 

Cape  Hedge,  ......       94 

Cape  Sable,  ......       663,  670 

Capen,  Abijah,       ......     731 

Capen,  Samuel,       ......     731 

Carder,  Joseph,       ......     678 

Carlisle,  District  of,         .  .  599,  611,  612,  626,  627 

Carlton,  John,         ......     535 

Carr,  James,  .....       687,  749 

Carrell,  Jonathan,  .....     590 

Carter,  Benjamin,  .....     275 

Carter,  Jabez,         ......     479 

Carter,  James,        ......     491 

Carter,  Martha,      ......     275 

Carter,  Nathaniel,  .....     486 

Carver,  Jonathan,  ....       117,  547 

Cary,  Eliphalet, 219 

Caseday  (see  Casedy). 

Casedy,  Charles,     .  .  .  .  .  .     448 

Castle  Island,  ...  74,  361,  609,  663 

Castle  Wilham,     53,  92  bis,  97,  184,  204,  254,  262, 

263,  265,  268,  293  bis,  305,  364,  414  bis,  541, 

546,   586,    593,   609,   659,   666,   671,   672,   673, 

676  bis,  699,  749 

Caswell,  George,     .....  7,  130 

Caswell,  Jonathan,  .....     534 

Caswell,  Joshua,     ......     693 

Cathcart,  Gershom,  .....     663 

Cavenaugh,  Cornelius,    .  .  .        260,  409,  566 

Cedar  Swamp,        ......     174 

Chadburn,  Benjamin,      .....     662 

Chadburn,  Joseph,  .....     277 

Chadwick,  Isaiah,  .....     728 

Chadwiclv,  John,    ......     678 

Chadwiclc,  Joseph,  .....     534 

Chadwick,  Wilham,  .....     535 

Chaffin,  Samuel 452 

ChafHin,  Robert 491 

Chaflin,  Caleb 234 

Chalcom,  Jacob  (an  Indian),   ....     195 
Chamberlain,  Ebenezer,  ....     479 

Chamberlain,  Thomas,    .....     546 
Champney,  John,  ......     199 

Chancey,  Dr. ,  .....       75 

Chandler,  Col. 118,  600 

Chandler,  Daniel,  ......     508 

Chandler,  Ezekiel 730 

Chandler,  Gardner,  .  .  .         368,  530,  652 

Chandler,  John,  9,  26,  31,  45,  48,  52,  54,  105,  107,  111, 

139,  146,  157  bis,  158,  238,  306,  352,  373,  397, 

417,  418,  420,  433,  440,  441,  613,  661,  667,  683 


Page 
Chandler,  John  (guardian  of  Dudley  Indians),  .     110 
Chandler,   John    (trustee  of   Hassanimisco   In- 
dians), ....  12,  172,  532 


Chandler,  John,  jr., 
Chandler,  Col.  John, 
Chandler,  Maj.  John, 
Chandler,  William, 
Chapin,  Capt.  Elisha, 
Chapman,  Daniel, 


139,  228,  617,  640 
.  597 
.  289 
.  416 
181,  214,  350 
.  742 


Charlemont,     118,  225,  344,  395,  441,  473,  474,  624 

708,  740 

Charles  River 44,  154 

Charlestown,    113,  154,  155,  159,  161,  171,  233,  278, 
295,  593,  602,  606,  610 
Charlmount  (see  Charlemont). 

Charlton,  District  of,       .           .           .         516,  544,  629 
Chaudifere  River 598 


314,  355 


Chebucto, 
Chedle,  John, 
Cheever,  Ezekiel, 
352 
Chelmsford,  . 
Chelsea, 

Cheney,  Ichabod, 
Cheny,  John, 
Chever,  Josiah, 
Chidester,  Wilham 
Child,  David, 
Child,  Edward, 
Child,  Margaret, 
Child,  Samuel, 
Child,  Thomas, 
Childs,  Isaac,  jr., 

Choate,  Col. 

Choate,  John, 
Choate,  Samuel, 
Church,  Ephraim 
Church,  Peleg  (an  Indian), 
Church,  Samuel,     . 
Churchill,  Benjamin 
Churchill,  Benjamin,  jr., 
Churchill,  Perez,    . 
Clafflin,  John,  jr.,  . 

Clap,  Col. ,      . 

Clap,  John,    . 

Clap,  Capt.  John,  . 

Clap,  Silas,    . 

Clap,  Thomas, 

Clap,  Capt.  Thomas, 

Clapboard  Island, 

Clark,  Aaron, 

Clark,  Asa,    . 

Clark,  Gideon, 

Clark,  Ichabod, 

Clark,  James  (of  Lancaster) 

Clark,  James  (of  Medfield), 

Clark,  Joel,   . 

Clark,  John, 

Clark,  Jonas, 

Clark,  Joseph, 

Clark,  Judah, 

Clark,  Lawrence, 

Clark,  Mary, 

Clark,  Moses, 

Clark,  Nathaniel, 

Clark,  Oliver, 

Clark,  Phineas, 

Clark,  Capt.  Samuel 

Clark,  Thomas, 


159 

543 

21,  26,   162,   186,   189,   245,   297, 

458,  562,  694,  596,  602,  610,  612 

.     305 

67,  68,  110,  182,  203 

534 

534 

444 

432 

582 

100 

180 

410 

.       180,  219 

.     505 

242,  355,  583 

393,  400,  451,  470,  504 

.     535 

.     722 

.     571 

.     716 

.     341 

.     341 

.     341 

.     716 

242,  542,  573 

.     472 

.     718 

.     472 

342,  458,  482,  580,  728 


192 


.  77 

.  757 

.  486 

.  449 

.  76 

.  534 

.  535 

.  449 

.  750 

.  102 

.  590 

436,  558,  739 

.  718 

.  128 

.  728 

.  486 

.  426 

.  534 

.  535 

.       722,  772 


782 


Index  of  Names. 


Clark,  Thomas  (assistant  to  the  Secretary), 

Clark,  Thomas  (of  Amesbury) 

Clark,  Thomas  (of  Tewksbury), 

Clark,  William, 

Clarke,  (see  Clark). 

Clement,  Timothy, 

Clements,  Timothy, 

Clesson,  Capt. , 

Clough,  Joseph, 
Cobb,  Benjamin,    . 
Cobb,  Capt.  Sylvanus, 
Cobb,  Capt.  Thomas, 
Coffin   Enoch, 
Coffin   Jonathan,    . 
Coffin.  Capt.  Jonathan, 
Coffin   Josiah, 


Coffin    Richard,      .  .  28, 

Coffin,  William,      . 

Cogswell,  P'rancis, 

Coker,  Benjamin,  . 

Colburn,  Abraham, 

Colburn,  Joshua,    . 

Colby,  Gideon, 

Colby,  Hannah, 

Colby,  Thomas, 

Colby,  Timothy,     . 

Cole,  Samuel, 

CoUer,  Hezekiah,    . 

Colman,  Benjamin, 

Colrain  (Boston  Township  Number  Two),    225,  297, 


344, 


Page 
.  429 
.  733 
.  128 
,  258 


.  768 

.  514 

.  752 

754,  755 

.  487 

.  229 

.   27 

.  243 

638,  663 

110,  244 

28,  188,  663 

10,  188,  460,  614 

319,  510,  705 

25,  101,  512 

628 

520 

650 

486 

483 

229 

483 

751 

571 

49,  66 


356,  395,  474,  624,  708 
57 


Colton,  Charles, 

Col  ton,  Isaac,    .    .    .    .    .    .  223 

Colton,  Capt.  Thomas 94 

Colton,  Timothy 716 

Colton,  Timothy  (son  of  Timothy  Colton),  .     716 

Comecha,  Comeheca,  Comicha  (see  Comecho). 
Comecho,  Job  (an  Indian),       ....     423 
Comecho,  Joseph  (an  Indian),  .  .  .     421 

Comerin,  Capt. ,       .....     107 

Comings,  (see  Cummings). 

Conant,  Ezra,         ......     635 

Conant,  Jonathan,  .....     749 

Conant,  Rev.  Sylvanus,  ....     341 

Concord,    56,  207,  251,  532,  533,  579,  599,  611,  612, 

627,  735,  752 
Condy,  Rev.  Jeremy,       .....     676 

Connecticut,     48,  52,  289,  291,  294,  296,  348,  352, 

364,   378,   391,  424,   438,   440,   463,   474,   475, 

608,  625,  694,  708,  767 
Connecticut  (Governor  of),      .  .  .       366,  695 

Connecticut  College  (Yale  College),  .  .       88 

Connecticut  River,     16,  20,  146,  178,  226,  228  bis, 

260,   344,   354,   355,   376,  473,   474,   497,   617, 

694,  708 


Converse,  Ebenezer, 

.     217 

Converse,  James,    .... 

.     217 

Converse,  Josiah,    .... 

143,  144 

Coochuck,  Nathaniel  (an  Indian),     . 

.     148 

Cook,  Dr. 

.     743 

Cook,  Daniel,          .... 

.     649 

Cook,  David,           .... 

.     706 

Cook,  John,  ..... 

.     511 

Cook,  Jonathan,     .... 

.     508 

Cook,  Mary,             .... 

649,  650 

Cook,  Middlecot,    .... 

.     258 

Cook,  Nathaniel,    .... 

.     732 

Cook,  Robert,         .... 

.     630 

Cook,  Robert  (of  Wrentham), 

.     764 

Cook,  Samuel, 

Cook,  Stephen, 

Cooley,  Abel, 

Coolidge,  Elisha,    . 

Coolidge,  Simon,    . 

Cooper,  James, 

Cooper,  Samuel, 

Cooper,  William,    . 

Cooper,  William  (of  Boston), 

Corey,  Stephen, 

Cornish,  Capt. , 

Cornish,  Benjamin, 

Cotton,  Col.  — — , 

Cotton,  Roland,     .         21,  459  bis, 

Cotton,  Theophilus, 

Cowen,  Ephraim,  . 

Cox,  John,     . 

Cox  Hall,       . 

Craig,  James, 

Craig,  Jemima, 

Craig,  John, 

Craig,  Joseph, 

Craige,  Robert, 

Crane,  Benjamin,  . 

Crane,  Gershom,    . 

Crane,  John, 

Crane,  Capt.  John, 

Crellius,  Joseph,     . 

Crocker,  David, 

Crocker,  John, 

Crockett,  Abraham, 

Crook,  Samuel, 

Crooker,  Elijah, 

Crosby,  Jonah, 

Crosby,  Robert, 

Cross, ,  . 

Crouch,  Richard,   . 

Crowle,  John, 

Crown  Point  Expeditions 


Page 
.  699 
.  764 
.  494 
.  374 
.  154 
.  581 
91 
401,  423,  457 
.  383 
.     192 

.  584,  588 
.     742 

27,  382,  626 
613,  662,  700,  763 
.  93 
.  590 
.  561 
.  62 
.  407 
.  172 
.  172 
.  195 
.  634 
.  152 
.  130 
.  130 
.  729 


21,  110,  187,  243 
.  215 
.  730 
.  491 
.  759 
.  533 
.  533 
.  37 
.  416 
.  630 
294,  300  bis,  304,  311, 
315,  317,  328  ter,  329  bis,  338,  343,  348,  349, 
355,  356,  358,  359,  362,  363,  364,  365,  367, 
369,  370,  381,  382  bis,  385  bis,  386  bis,  387, 
392,  393  bis.  394  bis,  396,  398,  400,  409,  425, 
428,  432,  433,  435,  436,  438,  439,  440  bis, 
442  bis,  443,  444,  445,  446,  448  ter,  449  bis, 
450  ter,  451,  452  bis,  453  bis,  454,  455  bis, 
456  quater,  460  ter,  461  bis,  462,  463,  465,  466, 
467,  469,  470  ter,  471,  472  bis,  474,  475,  477, 
478  bis,  479  bis,  480  ter,  481  bis,  483  bis,  487, 
489,  490,  491,  492,  493  bis,  494  bis,  497,  498, 
499  bis,  500  bis,  501  ter,  502,  503  ter,  504  bis, 
505,  509,  511  bis,  512,  513,  514,  515  bis,  516, 
517  bis,  519  ter,  521  bis,  522  bis,  542,  544,  545, 
551,  555,  557  bis,  562,  571,  573,  575,  579,  584, 
585  bis,  586,  591  bis,  592,  596,  600,  603,  604, 
607,  608  bis,  609,  615,  630,  632,  633,  637,  639, 
643,  645  bis,  646,  647,  648,  652  bis,  654,  655. 
657,  658,  666  bis,  667  bis,  670  bis,  678,  680, 
682,  687  bis,  688,  689,  690  bis,  691,  692  bis, 
695,  697,  698  bis,  702,  703  ter,  704  bis,  706, 
707,  713,  714,  715,  716,  717,  718  ter,  719  ter, 
720  bis,  722  bis,  726  bis,  727  bis,  728  bis,  730  ter, 
732  ter,  733  bis,  734  bis,  736  ter,  737,  741, 
742  bis,  743  ter,  744,  746  bis,  749,  750  bis, 
751  bis,  752  bis,  754,  756,  757  ter,  758,  759  ter, 
760,  761,  762,  763,  764,  765,  767  bis,  768  ter, 
770  bis,  771,  772,  773 
Cummings,  Elisha,  .....  731 
Cummings,  Jacob,     .....  136 


Index  of  IS^ames. 


783 


Page 

Cummings,  Samuel, 

.       10 

Cunningham,  David, 

.     583 

Cunningham,  Hugh, 

.     748 

Cunningham,  John, 

.     748 

Cunningham,  Natlianiel, 

766,  767 

Curtis,  Allen, 

.       39 

Curtis,  Edward, 

.     481 

Curtis,  Peter, 

.     259 

Cushing,  Col. , 

.     751 

Cushing,  Caleb, 

229 

736 

742,  767 

Cushing,  Edward, 

.     634 

Cushing,  Elijah, 

.     177 

Cushing,  Ezel^iel,    . 

.     539 

Cushing,  John,     26,  93,  144,  1 

62,  187, 

242, 

373,  458, 

529 

613 

626,  662 

Cushing,  Margaret, 

.     634 

Cushing,  Mary, 

.     634 

Cushing,  Capt.  Nathaniel, 

.     738 

Cushing,  Capt.  Seth, 

.     571 

Cushing,  Thomas, 

634,  638 

Cushing,  Thomas   (of  Boston 

,  son  of 

Thomas 

Cushing), 

.     634 

Cushman,  Thomas, 

.     488 

Cushnoc, 

344,  395 

472 

495,  707 

Cutler,  Ehsha, 

.     465 

Cutler,  John, 

.     581 

Cutler,  Jonathan,  . 

.     485 

Cutler,  Robert, 

.     535 

Cutt,  Foxwell  Curtis, 

.     230 

Cutt,  Richard, 

459 

562,  662 

Cutting,  John, 

.     6S5 

Cutting,  Richard,  . 

.     495 

r>. 

Dakin,  Capt.  Samuel, 

Dalrymple,  Capt. ,  . 

Damariscotta  River, 
Dana,  Caleb, 
Danforth,  Elijah,   . 
Danforth,  George, 
Danforth,  Samuel, 
Danforth,  Samuel  (committee),    22,  33,  120 
252,  282,  291,  309,  626, 
Danforth,  Samuel  (Justice  of  the  Peace),. 
Danforth,  Thomas,  .... 

Danforth,  Thomas  (son  of  Thomas  Danforth 
Danvers,  District  of,  259,  282,  409,  502,  566, 
Darling,  David, 
Darling,  Joseph, 
Darling,  Samuel, 
Darny,  Thomas, 
Dartmouth,  . 
Davenport,  James 
David,  Betty  (an  Indian) 
David,  Stephen  (an  Indian),  57,  132,  136, 
Davis,  Abraham,  . 
Davis,  Amos, 

Davis,  Benjamin  (of  Boston),. 
Davis,  Benjamin  (of  Oxford), 
Davis,  Daniel, 

Davis,  Ebenezer  (of  Acton),     . 
Davis,  Ebenezer  (of  Sturbridge) 
Davis,  Edward, 
Davis,  Capt.  Edward, 
Davis,  Esther, 
Davis,  George, 
Davis,  James, 
Davis,  Joshua, 


110, 
232, 


375, 


375, 


472 
692 
564 
374 
197 


554 

bis,   121, 

682,  762 

.  696 

.  197 

),  .  197 

622,  653 

.  693 

.  718 

.  429 

.  642 

148,  729 

724,  725 

.  151 

145,  153 

15,  56 

.  691 

562,  621 

.  179 

.  412 

.  369 

.  745 

562,  621 

728,  758 

.  369 

.  660 

.  394 

.   96 


Davis,  Lucy, 

Davis,  Micah, 

Davis,  Rebecca, 

Davis,  Simon, 

Davis,  Simon  (of  Greenwich), 

Davis,  Solomon, 

Daws,  Sarah, 

Daws,  Thomas, 

Day,  Benjamin, 

Day,  David, 

Day,  James, 

Dean,  Capt. , 

Dean,  Benjamin,    . 

Decoster,  Temple, 

Dedham, 

Deerfield, 

Delano,  Amasa, 

Delano,  Amaziah, 

Delano,  David, 

Deming,  John, 

Dennis,  John, 

Deshon,  Moses, 

Dewee,  Robert, 

Dewey,  [Abner],     . 

Dewey,  Azariah,    . 

Dewey,  Joseph, 

Dewey,  Mercy, 

Dewy  (see  Dewey). 

De.xter,  Richard,    . 

Dickenson  {see  Dickinson). 

Dickinson,  George, 

Dickinson,  Joel, 

Dickinson,  Joshua, 

Dickinson,  Moses, 

Dickinson,  Nehemiah,     . 

Dickinson,  Obadiah, 

Dickinson,  Reuben, 

Diesh,  Lewis, 

Dighton, 

Dival,  Josiah, 

Dix,  Edmund, 

Dix,  Edmund  (of  Chelsea), 

Doble,  John, 

Dodge,  Benjamin, 

Dodge,  Caleb, 

Dodge,  Francis, 

Dodge,  Jonathan,  . 

Dodge,  Robert, 

Dogget,  Isaac, 

Dogget,  Samuel,     . 

Dogget,  Thomas,   . 

Dolbear,  Benjamin, 

Dole,  Abner, 

Dole,  Thomas, 

Dolphin,  the  brigantine, 

Donnel,  Nathaniel, 

Dorchester,    ... 

Dorchester  Canada  Township, 

Dorothy,  Charles,  . 

Dorrington,  John, 

Doten,  Edward, 

Doten,  Elisha, 

Doten,  James, 

Doten,  Paul, 

Doten,  Stephen,     . 

Doucett,  Dowcet  (see  Dowsett) 

Douglas,  Cornelius, 

Douglas,  Samuel,   . 

Douglas,  Dr.  William,     . 


Page 

.  412 
.  520 
.  691 
.  654 
497,  503,  557,  585 
.  430 
.  766,  767 
.  766 
.  503 
.  134 
.  114 
.  502 
.  548 
.  541 
550,  551,  760 
441,  481,  691 
.  690 
.  722 
.  693 
.  447 
62,63 
.  740 
.  82 
.  291 
.  494 
.  502 
.   43 

722 


.  742 

.  722 

416,  450 

.  686 

.  645 

.  76 

.  704 

.  706 
0,  71 

.  714 

.  590 

.  202 

.  482 

.  194 

.  194 

.  565 

.  426 

.  564 

.  169 

.  479 

.  341 

.  654 

.  722 

.  534 

388,  576 

.  39 

200,  577 

226,  374 

.  684 

.  576 

.  194 

.  194 

.  195 

.  195 

.  195 


46 


.   58 

533,  728 

.   58 


784 


Index  of  Xames. 


Downe,  Thomas, 

Downs, , 

Dowse,  John, 
Dowse,  Nathaniel, 
Dowsett,  Margaret 
Dracut, 

Drake,  Wilham, 
Dresser,  Aaron, 
Dudley, 

Dudley  Indians, 
Dudley,  Joseph, 
Dudley,  Joseph  (of  Concord), 
Dudley,  Lucy, 
Due,  Robert, 

Duke  of  Cumberland  Tavern 
Dukes  County,  County  of,    27,  28,  108, 
363,  374,  459,  558,  577,  587,  614, 
Dumaresque,  Edward,  jr., 
Dunnel,  Jonathan, 
Dunsmore,  Samuel, 

Dunstable,    10,  99,  184,  205,  206,  290, 
350,  351, 
Dutch,  Benjamin, 
Duxbury, 
Dwelle,  John, 
Dwight,  Brigadier 

Dwight,  Col. , 

Dwight,  Jonathan, 

Dwight,  Joseph,     .       13,  119,  120,  122, 

Dwight,  Josiah,      .  .    245,  249,  314, 

Dwight,  Nathaniel 

Dwight,  Capt.  Nathaniel 

Dwight,  Timothy, 

Dwimell,  Charles, 

Dyer,  Nicholas, 


301 


606, 


188, 
652 


291, 
565 


504 


Page 

.     721 

.     118 

237,  268 

.     699 

.     594 

,  350,  606 

.     630 

533,  561 

,  635,  754 

.     110 

.     535 

.     735 

.     636 

.     441 

.       57 

243,  362, 

663,  689 

.     508 

.     494 

149,  419 

301,  305, 

,  580,  606 

.     216 

88,  307 

.     306 

132,  141 

,  521,  767 

219,  733 

,  355,  462 

,  508,  741 

479 

352 

156 

703 

724 


Eager,  Benjamin, 

Eager,  Bezahel, 

Eagle,  the  sloop, 

Earns,  Robert, 

Earl,  Benjamin, 

Eastabrook,  Robert, 

Eastabrook,  Samuel, 

Eastern  Indians,    . 

Eastham, 

Eaton,  Benjamin, 

Eaton,  John, 

Eaton,  John  (of  HaUfax), 

Eaton,  Jonathan,  . 

Eaton,  Thomas, 

Eddy,  Jonathan,    . 

Eddy,  Samuel, 

Edgar,  John, 

Edgartown,  . 

Edson,  Josiah, 

Edwards,  Jonathan, 

Elisabeth,  the  brigantine, 

EUingwood  (see  Ellinwood). 

Ellinwood,  David, 

Ellinwood,  Ebenezer, 

Elliot,  Margaret, 

Ellis,  Capt.  Joel, 

Ellis,  John,    . 

Ellis,  Oliver, 

Ellis,  Thomas, 

Elmes,  Rodolphus, 

Ely,  Caleb,    . 


491 
495 

482 
67 
66 
699 
59,  628 
36,  37.  52,  53 
78,  297 
.     465 
.     742 
307,  308 
.       68 
.     110 
.     703 
.     703 
.     581 
.     362 
.     110 
.     276 
.     383 

.  653 
210,  257,  620 
.  207 
.  341 
96,  563 
44,  51 
.  341 
.  341 
.     430 


Page 

.     430 

.     487 

363,  439,  468,  513,  600,  715 

.     394 

.       24 

.     737 

.     471 

.     106 

.     483 

.     190 

364,  668,  688 

.      554 

431,  451,  554,  555 

.     690 


Ely,  Mary,    . 

Emerson,  James,    . 

Emerson,  Moses,    . 

Emery,  Capt.  Stephen,   . 

Emery,  Zechariah, 

Emes,  Daniel, 

Emmons,  Benjamin, 

Endicot,  James, 

Endicot,  James  (of  Stoughton), 

Enfield 

England,        .... 

English,  Joseph,     .  ... 

English  West  Indies, 

Epes, ,    .... 

Epes,  Daniel 416,  457,  622 

Epes,  Daniel,  jr., 372,  508 

Epes,  Daniel,  jr.  (of  Danvers),  .  .       566,  703 

Epes,  Samuel,         ......     416 

Ephraim,  Isaac  (an  Indian),    ....       61 

Ephraim,  John  (an  Indian),     ....     143 

Ephraim,  Joseph  (an  Indian),  .  .         60,  335 

Ephraim,  Mary,      ......     423 

Eppes  (see  Epes). 

Erving,  John,  112,  118,  186,  189,  352,  360,  401,  404, 
543,  581,  594,  609,  626,  660,  668,  737 

Erwing  (see  Erving). 

Esqueb,  Esquibo  (see  Essequibo). 

Essequibo,     .......     562 

Essex  County,  12,  15,  25,  38,  39,  41  bis,  47,  56,  60, 
80,  81,  101,  125,  129,  138,  139,  140,  148,  149, 
150,  178,  196,  201,  210,  213,  217,  224,  227,  236. 
242  bis,  248  bis,  259,  269,  279,  280,  282,  302,  319, 
329,  331  bis,  365,  372,  383,  420,  426  bis,  428,  435, 
444,  457,  481,  484  bis,  486,  492,  509,  512,  513, 
531,  544,  547,  570  bis,  603,  606  bis,  612,  620,  622, 
626,  645,  652,  653  bis,  654,  661,  672,  678,  690, 
691,  695,  696,  713,  726,  766 


Esty,  Elijah, 

Esty,  Jacob, 

Esty,  Stewart, 

Europe, 

Evelith,  David, 

Evelith,  Isaac  (administrator 

Evelith,  Isaac  (of  Gloucester) 

Evelith,  Joseph,     . 

Everden,  Freelove, 

Evered  (see  Everet). 

Everet,  Joseph, 

Everett,  Ebenezer, 

Ewers,  Henry, 

Ewers,  Henry  (of  Concord), 

Eyre, ,   . 


.  466 

.  455 

.  750 
16,  271,  388,  410 

.  563 

of  Isaac  Evehth),  549 

.  549 

.  563 

.  399 

.  479,  483 
.  653 
.     590 

.  332,  333 
.     519 


Failes  (see  Fales). 

Fairbanks,  John,  ..... 
Fales,  Eliphalet,  ..... 
Fales,  Capt.  Ehphalet,  .... 
Fales,  Mofses,  ..... 

Fall  Town,    50,  208,  209,  225,  344,  395,  473, 


Falmouth  (York  County), 
Farmer,  Samuel,    . 
Farmer,  Thomas,   . 
Farnsworth,  Nathan, 
Farnum,  David, 
Farnum,  Samuel,   . 
Farral,  Thomas, 


.  637 
.  535 
.  636 

.  390 
474,  624, 
694,  708 
76,  77,  199,  379,  409,  538 
128 
678 
11 
547 
128 
618. 


Index  of  Kames. 


785 


Flint,  Susannah,    . 
Flint,  Capt.  William, 
Florence,  Charles, 
Flucker,  Thomas, 


Flynt  (see  Flint). 
Folger,  Abishai, 


Page 
.     742 
.     742 
.     713 
.     713 
.     693 
.     488 
.     719 
.     561 
.     686 
.     483 
.     416 
.     209 
71,  72 
.     693 
.     577 
.     106 
.     106 
116,  335 
.     741 
.     763 
.     151 
.     574 
.     418 
.     307 
.     307 
241,  333,  514 
.     684 
.     535 
.     502 
.     172 
416,  684 
.     420 
.     420 
420 
420 
766 
642 
642 
642 
383,  431,  518 
.     736 
.     282 
.     494 
.     370 
.       10 
48,  185 
33,  41,  105,  107,  111,  189, 
358,  626 
.     682 
.     682 
.     570 
539,  569,  585,  594,  604,  609,  611, 
612,  619,  626,  655,  737 


Farrar,  John, 
Farrar,  Mary, 
Faulkner,  Abiel,     . 
Faulkner,  Mary,     . 
Faunce,  James, 
Faunce,  John, 
Faxon,  Thomas,     . 
Fay,  Gershom, 
Fay,  James, 
Fay,  Solomon, 
Fay,  Stephen, 
Fayrweather's  Farm, 
Feleh,  Ebenezer,    . 
FeUx,  Israel, 
Felton,  Nathaniel, 
Fenner,  Maj.  Benjamin, 
Fenner,  Isaac,  jr., 
Ferrit,  Caesar  (an  Indian), 
Ferry,  Elisha, 
Fessenden,  Jonathan, 

Field, ,  . 

Field,  Joseph, 

Field,  Zachariah,   . 

Finney,  Deborah,  . 

Finney,  Jeremiah,  jr., 

Finney,  Nelson, 

Finney,  Samuel,     . 

Fisher,  David, 

Fisk,  Ebenezer, 

Fisk,  Jonathan, 

Fiske,  Daniel, 

Fiske,  David, 

Fiske,  Jonathan,    . 

Fiske,  Jonathan  (grandson  of  Jonathan  Fiske),  . 

Fiske,  Sarah, 

Fitch, (of  Boston), 

Fitch,  Ann,  . 
Fitch,  Joseph, 
Fitch,  Ruth, 
Fitch,  Timothy, 
Fitts,  Nathaniel, 
Fitts,  Ruth, 
Flag,  John,    . 
Fletcher,  John, 
Fletcher,  Joseph, 
Fletcher,  Thomas, 
Fletcher,  WiUiam, 


32 


28,  110,   188,  374,  460,  614,  663, 
761 
Forbush,  Christopher,     .....     521 

Forster,  Samuel,    ......       18 

Fort  at  Brunswick,  260,  344,  395,  409,  473,  707 

Fort  Dummer,  .  344,  364,  377,  395,  497 

Fort  Edward,     448,  456,  467.  468,  476,  477,  533,  587, 
589,  703,  740,  761,  765 
Fort  Frederick  (Pemaquid),      97,  344,  395,  473,  500, 

707,  765 
Fort  George,  ......     531 

Fort  Halifax  (Taconick  on  Kennebec  River),  .  205, 
215  bis,  241,  244,  246,  251,  260,  342,  344,  377, 
395,  447,  472,  495,  496,  558,  586,  646,  707, 
717 


Page 
Fort  Massachusetts,      8,  19,  67,  181,  183,  214,  225, 

344,  349,  350,  395,  432,  441,  473,  531,  624,  628, 

680,  694,  708,  770 
Fort  Meadow  (in  Hadley),       ....     146 

Fort  Miller, 740 

Fort  St.  Frederick  at  Crown  Point,  .       175,  176 

Fort  William  Henry,    448,  454,  455,  456,  468,  504  bis, 
519,  533,  571,  587,  630,  631,  700,  706 
Foster,  Benjamin,  .....     256 

Foster,  Isaac,  .....       501,  731 


Foster,  Jacob, 

Foster,  James, 

Foster,  Jedediah, 

Foster,  John, 

Foster,  John  (of  Andover), 

Foster,  John  (of  Manchester), 

Foster,  Jonathan,  . 

Foster,  Joseph, 

Foster,  Rebecca,    . 

Foster,  Richard,     . 

Foster,  Robert  (of  Kingston), 

Foster,  Simon, 


.     696 

.       545,  568 

.       144,  384 

.     136 

.     731 

.     435 

493,  583,  727,  741 

.     630 

.     197 

.     181 

.     665 

.     546 


Foster,  Thomas,  .  187,  192,  196,  238,  342,  373,  536, 
542,  626,  662,  722,  724,  742,  759,  767 
Foster,  Thomas  (of  Plymouth), 
Foster,  WiUiam,  . 
Fowle,  Daniel, 
Fowle,  Jacob, 
Fowler,  Stephen,  jr.. 
Fox,  Jabez,  .... 
Fox,  John,  .... 
Fox,  John  (of  Littleton), 
Fox,  Sarah,  .... 
Foxcroft,  Francis, 
Foye,  John,  .... 
Foye,  William  (late  treasurer  of  the  Province),       32, 

105,  107,  108,  111  bis,  113,  114,  115,  122,  147, 

159,  231 
Franckfort  (see  Frankfort). 
Frankfort, 
Franklyn,  John, 

Freeman,  Capt. , 

Freeman,  Maj. , 

Freeman,  Barnabas, 
Freeman,  Elisha,   . 
Freeman,  Enoch,   . 
Freeman,  Maj.  Enoch, 
Freeman,  Isaac, 
Freeman,  John, 
Freeman,  Joseph,  . 
Freeman,  Samuel, 
French,  Ebenezer, 
French,  Judith, 
French,  Samuel,     . 
Fresh  Pond, 

Friendship,  the  brigantine. 
Frost,  Abigail, 
Frost,  Edmund, 
Frost,  Joshua, 
Fry  (see  Frye). 

Frye,  Col. ,      . 

Frye,  Ebenezer, 
Frye,  EHzabeth,  . 
Frye,  James, 
Frye,  Capt.  John,  . 
Frye,  John,  jr., 
Frye,  Joshua, 
Frye,  Mehetabel,  . 
Frye,  Peter, 


652,  693,  758 

.  485 

.  452 

.  287 

.   573,  575 

27,  89,  331 

.  348 

332,  333,  347 

223,  332,  347 

.   382,  696 

.  470 


343,  377,  707 

113,  261,  603 

.  616 

583,  730 

63,  235,  670 

148 

751 

639 

358 

110 

110 

546,  768 

173,  174 

.  681 

.  742 

.  164 

.  384 

.  546 

.  562 

.  333 

.  770 

.  491 

.  491 

.  743 

.  608 

.  534 
508,  534 

.  534 

.  236 


786 


Index  of  Names. 


Frye,  Capt.  Peter, 

Fuller,  Capt. , 

Fuller,  Amos, 

Fuller,  Amos  (of  Needham), 

Fuller,  Archelaus, 

Fuller,  Ebenezer,   . 

Fuller,  Ebenezer  (of  Milton), 

Fuller,  Josiah, 

Fuller,  Mercy, 

Fuller,  Nehemiah, 

Fuller,  Samuel, 

Furnass,  Elizabeth, 

Furnass,  Jonathan, 


G. 

Gage,  Capt. , 

Gage,  Jonathan, 
Gage,  Thomas, 
Gale,  Lydia, 
Gale,  Thaddeus, 
Gallop,  Samuel, 
Gamage,  John, 
Gamage,  WilUam, 
Gammage  (see  Gamage). 
Gardner  Canada  Township, 

Gardner,  Rev. , 

Gardner,  Nathaniel, 

Gasket,  Henry, 

Gates,  Amos, 

Gates,  Amos  (of  Stow),  . 

Gates,  Benjamin,  . 

Gates,  Ephraim,     . 

Gates,  Hezekiah,    . 

Gates,  Isaac, 

Gates,  Mary, 

Gates,  Prudence,    . 

George,  Matthias  (an  Indian), 

George's  Fort, 

Georgetown  [Arrowsick], 

Georgia, 

German  Town, 

Germantown  in  Braintree, 

Gerrish,  Col. , 

Gerrish,  Joseph,    186,  229,  534,  583, 

Gibbs,  Barnabas, 

Gibbs,  Henry  (clerk  of   House  of 

tives),  . 
Gibbs,  Henry  (executor  of  Josiah  V\ 
Gibbs,  Henry  (of  Newton), 
Gibbs,  Henry  (of  Salem),    162, 178, 


Gibbs,  John, 

Gibbs,  Jonathan,   . 

Gibbs,  Josiah, 

Giddings,  Daniel,  . 

Giddings,  Job, 

Giddings,  Margaret, 

Gifferth,  William,  . 

Gilbert,  Ebenezer, 

Gilbert,  Henry, 

Gilbert,  Josiah, 

Gilbert,  Josiah  (of  Brookfield) 

Gilbert,  Capt.  Nathaniel, 

Gilbert,  Oliver, 

Gilbert,  Thomas,    . 

Gilbert,  Thomas,  jr., 

Gilbert,  Uriah, 

Gilbird,  Joseph, 


Page 

.  609 

.  693 
722,  750 

.  772 

.  129 

.  307 

.  152 

.  142 

.  142 

.  728 

.  341 

.  360 

.  403 


501 

145 

37 

501 

601 

576 

19 

19 


216,  226 

.     738 

.       82 

.     486 

.     508 

.     711 

.     487 

7 

.     750 

.     534 

.     646 

.     711 

.     241 

.     214 

.       39 

572,  593 

.     113 

.     762 

.     542 

628,  650,  722,  741 

572 

Representa- 

676 

illard),        .     753 

534,  728,  760 

186,414,457,612, 

626,  728 

535 

650 

7 

720 

47 

47 

156 

149,  419,  683 

149,  419 

.     534 

.     705 

.     591 

149,  419 

491,  499 

282,  534,  705 

630 

727 


394, 


Goddard), 


Page 
735 
735 
253 
42 
537 
285 


Gill,  Israel,    . 

Gill,  John,     . 

Gill,  Thomas, 

Gill,  William, 

Gilmore,  James, 

Gihnore,  John, 

Gleeson,  G  lesson  (see  Gleson). 

Gleson,  Ebenezer, 

Gleson,  Thankful, 

Gloucester,    .  .  .94, 

Glover,  John, 

Glover,  Samuel, 

Goddard,  Ebenezer, 

Goddard,  Dr.  Edward,    . 

Goddard,  Gyles,     . 

Goddard,  Gyles  (son  of  Gyles 

Goddard,  Hannah, 

Godfrey,  Capt. , 

Godfrey,  George,    . 

Godfrey,  John, 

Godsoe,  John, 

GofTe,  Maj. ,    . 

Goldsbury,  John,   . 

Goldthwait,  Joseph, 

Goodhue,  WilUam, 

Gooding,  Capt.  Samuel, 

Goodnough,  Nathan, 

Goodrich,  Charles, 

Goodrich,  Charles  (of  Pontoosuck), 

Goodrich's  Garrison, 

Goodsoe  (see  Godsoe). 

Goodwin,  Capt. , 

Goodwin,  Abigail, 

Goodwin, Ichabod, 

Goodwin,  Capt.  Ichabod, 

Goodwin,  John, 

Goodwin,  John  (of  Reading), 

Goodwin,  Kendall, 

Goodwin,  Nathaniel, 

Goodwin,  Rebecca, 

Goodwin,  Solomon, 

Goodwin,  Thomas, 

Gordon,  WiUiam,  . 

Gorham,  David,     . 

Gorham,  John, 

Gorham,  Nathaniel, 

Gorhamtown, 

Gould,  John, 

Governors  Island, 

Gowen,  James, 

Grafton, 

Grainger,  Daniel,   . 

Grant,  Christopher, 

Grant,  Samuel, 

Grant,  Samuel  (of  Boston), 

Grape  Vine  Hollow, 

Graton,  John, 

Graves,  Moses, 

Graves,  Nathaniel, 

Graves,  Samuel,     . 

Graves,  Samuel  (son  of  Samuel  Graves), 

Gray,  Harrison  (treasurer  of  the  Province), 

36,  43,  50,  51,  53,  54  bis,  75,  76,  79,  91,  93,  101, 
105,  107  bis,  108,  109,  114,  122  bis,  127,  128, 
144,  147,  182,  200,  218,  219,  239,  244,  250,  255, 
264,  273,  280,  339,  350,  358  bis,  391,  392,  404, 
407,  408,  410,  413,  425  bis,  437,  445,  460  462, 
469,  478,  489,  501,  522,  539,  565,  568,  580,  585, 
586,  587,  588,  631,  635,  639,  641.  644,  645,  651, 


85 
85 

444,  529,  594.  745 
.  606 
.  494 
.  479 
416,  417 
633,  634 
633,  634 
633,  634 
.  637 
.  706 
.  285 
635,  636 
.  765 
70,  392,  502 
.  115 
.   47 
.  631 
.  479 
179,  291 
381,  435,  444 
473,  708 

.  564 
.  463 
.  236 
319,  561,  635,  636 
.  453 
.  689 

689,  690 
.  463 
.  463 
.  732 
.  463 
.  546 
79.  292 
.  572 
.  278 
89,  93,  225 
.  729 

364,  593 
.  614 

286,  580 
.  632 
.  154 
.  508 

482,  638 
.  740 

197,  219 
.  207 
.  685 
65,  66 
65,  66 
34,  35, 


Index  of  Names. 


787 


Page 

Page 

Gray,  Harrison  (treasurer  of  the  Province)  — 

Hall,  Joseph  (of  New  Hampshire), 

. 

.     726 

contintced. 

Hall,  Stephen, 

443,  737 

660,  675,  689  bis,  690 

692,  693,  695.  698  bis. 

HaU.  WiUard,  jr 

.     305 

699.  700,  703  ter,  704 

714,  716,  720.  730  bis. 

Halley,  Joseph, 

.     628 

731  bis,  739,  743  bis. 

751,  752,  754,  755,  757, 

Hallowell,  John,     . 

.     649 

761  bis,  764,  765,  766, 

767,  768.  770,  771 

Hamilton,  Daniel, 

.     741 

Grav,  Samuel, 

.     543 

Hammond,  Israel, 

.     686 

Gray,  Silas,  . 

.     543 

Hammond,  Joshua, 

.     577 

Gray  ton  (see  Graton). 

Hampshire  County,    26,  40,  44,  54.  63.  69 

8S 

,  94,  102, 

Great  Britain,     43,  53,  55,  117,  122,  124,  255  bis,  265, 

106,  138,  151,  156,  158,  187,  190, 

192, 

193,  198, 

346,  359  bis,  394,  399,  521,  581 

230,  239,  245,  313,  372,  381,  430, 

435, 

458,  465, 

Gregory,  Grace, 

.     679 

497.  510,  536,  556.  600.  603,  613, 

632, 

639,  650, 

Gregory,  Isaac, 

.     679 

652,  656,  659.  660.  661.  681.  691, 

714, 

717,  722, 

Green,  Benjamin,  . 

.     400 

740,  741 

Green,  Ezra, 

110,  200 

Hancock,  Thomas, 

129 

130 

273,  564 

Green,  James, 

.     552 

Hancock,  Thomas  (of  Boston), 

.     434 

Green,  Jgnas, 

.     110 

Hanfield, , 

.     551 

Green,  Jonatiian,   . 

.     636 

Hanover.       .... 

228,  579 

Green,  Joseph, 

.     597 

Hapgood.  Thomas, 

416,  417 

Green,  Nathaniel,  . 

.     290 

Harden.  Samuel.    . 

.     580 

Green,  Samuel, 

.     200 

Hardine.  Harndine  (see  Hamden). 

Green,  Thomas  (executor  of  Caleb  Lyman),       .     137 

Harding.  Rev.  EUsha,     . 

.     282 

Green,  Thomas  (trustee  of  linen  manufacture),  .     258 

Harding.  Thomas, 

.     512 

Green  Bush, 

693,  715,  730,  737,  757 

Hardwick.     .... 

71 

238 

550.  701 

Greenfield,     . 

239,  344,  473,  624,  708 

Hardy.  Phineas.     . 

.     483 

Greenfield,  Archibald, 

280,  302,  329 

Hardy,  Reuben,     . 

.     128 

Greenleaf,  Benjamin, 

.       25 

Hardy,  WilUam,    . 

.     534 

Greenleaf,  Francis, 

.     742 

Hardy,  Zechariah, 

.     128 

Greenleaf,  Israel,    . 

.     590 

Harlow,  Amaziah, 

.     194 

Greenleaf,  John,     . 

73,  288,  316,  346,  580 

Harlow,  Eleazer,    . 

.     191 

Greenleaf,  Joseph, 

.       15 

Harlow,  Dr.  Eleazer, 

.     288 

Greenleaf,  Mary,    . 

15 

Harlow,  Jedediah, 

.     191 

Greenwich,    . 

.      497,  550 

Harlow,  Jonathan, 

.     191 

Greenwood,  Thomas, 

275,  433,  487,  578 

Harlow,  Thomas,  . 

.     191 

Gridley, , 

401,  594,  626,  668 

Harper,  Andrew,    . 

.     744 

Gridley,  Abigail,    . 

.     100 

Harper,  Samuel,     . 

.     744 

Gridley,  Jeremiah, 

.     452 

Harrington.  Adino. 

83.84 

Gridley,  Jeremy,    . 

372,  660 

Harrington.  Daniel. 

.     495 

Gridley,  Col.  Richard, 

386,  515 

Harrington.  Edward, 

515.  544 

Griffin,  Jonathan,  . 

.     722 

Harrington.  Esther. 

83.84 

Gross,  Abigail, 

.     211 

Harrington.  George. 

.     345 

Gross,  Obadiah,     . 

.     211 

Harrington.  George,  jr.. 

.       42 

Groton, 

10,  99,  206 

Harrington.  Henry. 

.     466 

Grout,  John, 

683,  685 

Harrington.  Isaac. 

.     483 

Growte,  William,   . 

.     486 

Harrington,  Isaac,  jr.,    . 

.     702 

Gruchy,  Thomas  James, 

.     508 

Harrington,  Joshua, 

.       42 

Grutchy  (see  Gruchy). 

Harrington,  Richard, 

.     722 

Guild,  Benjamin,   . 

.     535 

Hart,  Lieut.  Col.  ,  . 

.     754 

Gun,  John,    . 

.     543 

Hartshorn,  John,   . 

.     390 

Gunter,  Thomas,   . 

.     258 

Hartwell,  Thomas, 

.     759 

Harvard,       .... 

.     596 

Harv-ard  CoUege,      59,  72,  73,  90 

bis 

91, 

92.  271, 

H. 

272  ter,  413  ter 

,  443,  67 

3,  674  ter 

Hadley, 

.     665 

Har\'ey,  Ephraim, 

.     697 

Hadley,  John, 

.     686 

Har\ey,  John, 

.     697 

Hale,  Col. ,      . 

242,  306,  626 

Harvey,  Lydia, 

.     697 

Hale,  Abner, 

.       572,  573 

Harvy.  Joseph, 

.     486 

Hale,  Robert, 

605,  620,  654 

Harwich,       .... 

235 

297 

333.  670 

Hale.  Thomas, 

.     283 

Harwood,  Ezra.      . 

.       12 

Halenbeck,  Hallenbeck,  Hellenbeck  (see  Hollon- 

Harwood.  John. 

.     590 

back). 

Hasey.  John. 

66 

Half  Moon,      475,  476,  477, 

697,  716,  719,  730,  731, 

Hasey.  Nathaniel, 

.     161 

743,  757,  763 

Hasey.  Tabitha,     . 

.       66 

HaUfax,         .      203,  228,  259,  299,  584,  592,  593,  679 

Haskell,  Robert,    . 

.     654 

Hall, ,    . 

.      423,  602 

Haskoll  (see  Haskell). 

Hall,  Andrew, 

255,  283 

Hassanimisco  Indians,    . 

12 

172 

327,  532 

Hall,  David, 

.     299 

Hastings,  Benjamin, 

.     691 

Hall,  Jeremiah, 

.     515 

Hastings,  Matthew, 

44.51 

Hall,  Joseph, 

.     110 

Hastings,  Moses,    . 

.    495 

788 


Index  of  Names. 


Page 

Hatch,  Stephen,    .... 

.     583 

Hatfield,        . 

.       38 

Hathorne,  John,    . 

.     404 

Hathway,  Phineas, 

.     608 

Hatterick,  Jacob,  . 

8 

Haverhill,      . 

17,  242,  622 

Hawke's  Garrison, 

4 

73,  694,  708 

Hawkes,  Jonathan, 

.     490 

Hawley,  EUjah, 

.     704 

Hawley,  Ehsha,      . 

18,  229 

Hawley,  Joseph,     187,  228,  314,  355,  37 

2,  398,  400, 

613,  661 

Hawley,  Samuel,  jr.. 

.     704 

Haws,  Benjamin,  . 

.     535 

Hay,  Peter,  . 

.     635 

Hayden,  Nathaniel, 

.     752 

Hayden,  Phoebe,    . 

.     752 

Hayden,  Rezinah, 

.     752 

Hayden,  Samuel,  . 

.     270 

Haynes,  "Widow," 

.     387 

Hayward,  Haywood  (see  Hey\ 

vood) 

Hayward,  Ebenezer, 

.     544 

Hayward,  Ephraim, 

.     753 

Haywood,  Daniel, 

.     491 

Haywood,  Peter,    . 

.     534 

Haywood,  Phineas, 

139, 

144,2 

71,405,487 

Hazen,  Richard,     . 

17,93 

Hazen,  Sarah, 

.     150 

Hazzen  (see  Hazen). 

Heald,  Ephraim,    . 

.     486 

Heald,  Peter, 

.     486 

Healy,  Joshua, 

.     110 

Healy,  Samuel, 

.     130 

Heath,  Col. ,  . 

.     118 

Heath,  Joseph, 

.     520 

Hebberd,  Southerick, 

.     703 

Hemenway  (see  Hemingway). 

Hemingway,  John, 

.     486 

Hemingway,  Joseph, 

.     588 

Henderson,  Gideon, 

.     701 

Henderson,  John,  . 

.     534 

Henderson,  Mary, 

.     551 

Henderson's  Fort  (near  Pleasant   Point) 

,     500,  545, 

707 

Henrick  (chief  of  the  Mohawks), 

.       35 

Henry,  Jefifry  (an  Indian), 

.     334 

Henry,  Mary  (an  Indian), 

.     334 

Henry,  Robert, 

.     491 

Henshaw,  Jemima, 

.     403 

Henshaw,  Joshua, 

.     638 

Henshaw,  WilUam, 

.     403 

Herrick,  Benjamin, 

.     174 

Herrick,  Edward,  . 

.     727 

Herrick,  Joseph,    . 

.     533 

Herrick,  Mary, 

.     727 

Herrick,  Samuel,    . 

.     174 

Hewes,  Samuel, 

.     638 

Hewes,  Solomon,   . 

.     596 

Hews, , 

.       86 

Hews,  Daniel, 

133,  219 

Hews,  George, 

.     596 

Hews,  Robert, 

.     596 

Hews,  Samuel  &  Son, 

.     317 

Heyden,  Ehsha,     . 

.     583 

Heywood,  Daniel, 

9,  172 

Heywood,  Phineas, 

417,  418 

Hidden,  Ebenezer, 

.     631 

Hidden,  Jonathan, 

.     631 

Higgins,  WiUiam,  . 

.     416 

Page 

Hill, (Justice  of  the  Peace),      .  .      103,  221 

Hill,  Ebenezer 29,  534 

Hill,  James 535 

Hill,  John,     86,  175,   188,  208,  243,  291,  357,  374, 

600,  614 
Hill,  Joseph,  .  .  .  .  .  .175 


Hill,  Nathaniel, 

Hill,  Samuel, 

Hill,  Thomas, 

Hills,  Benjamin,  200,  719,  720 

Hinchman,  Capt. 

Hind,  Joseph, 
Hinds,  Jason, 

Hinnian,  Capt. , 

Hitchcock,  Ebenezer, 

Hix,  Nathaniel, 

Hoar,  Daniel, 

Hoar,  John, 

Hoar,  Jonathan, 

Hobart,  John, 

Hobbs,  Capt.  — 

Hobbs  Town   (see  Pearson  an 

Hobson,  Hiunphrey, 

Hobson,  William,  . 

Hodges,  James, 

Hodges,  Ruth, 

Hodgkins,  Benjamin, 

Hodgskins  (see  Hodgkins). 

Hogg,  Margaret,     . 

Hoit  (see  Hoyt). 

Holbrook,  Abigail, 

Holbrook,  Ashel,    . 

Holbrook,  John,     . 

Holbrook,  John,  jr., 

Holbrook,  Jonathan, 

Holbrook,  Ralph,  . 

Holden, 

Holderness,  Earl  of. 

Holiday,  Edward, 

Holioke  (see  Holyoke). 

Hollis,  Isaac, 

HoUiston, 

Hollonback,  John, 

Hollonback,  Michael, 

Holman,  John, 

Holman,  Nathaniel, 

Holmes,  Ebenezer, 

Holt,  Henry, 

Holt,  Obadiah, 

Holt,  Rebecca, 

Holyoke,  Anna, 

Holyoke.  Edward  Augustus, 

Holyoke,  Rev.  Edward, 

Holyoke,  Priscilla, 

Honduras,  Bay  of 


.  491 

.  188 

.  638 

,  722,  728,  743,  756,  765 

.  488 

.  534 

.  582 

.  381 

.  741 

.  339 

.  495 

.  298 

.  479 

.  646 
65,  66 

d  Hobbs  Town). 

.  37 

.  728 

.  438 

.  117 

.  512 


.     232 

.  747 

.  407 

.  700 

.  275 

.  747 

.  701 
59,  284 

.  107 

.  721 

119,  120,  124 
139,  606 
104,  139 
104 
237 
635 
648 
427 
453 
427 
303 
303 
90,  272,  303,  443,  673 
.     303 
383  bis,  384,  405,  430,  439,  518, 
654,  576,  599 


Honduras,  the  ship, 
Hooker,  John, 
Hooper,  Eunice,     . 
Hooper,  Robert,     . 
Hooper,  Samuel,    . 
Hoosac, 
Hoosac  (West  Township  of), 
Hoosuck  (see  Hoosac). 
Hooton,  John, 
Hooton,  Richard,  . 
Hopking  (see  Hopkins). 
Hopkingston  (see  Hopkinton) 
Hopkins,  Ashbell, 


.  599 
.  214 
158,  239 
.  287 
158,  239 
112,  473,  474,  628,  708 
39,  40,  628,  708 

.    .    .601 
.601 


767 


Ikdex  of  ^ames. 


789 


Page 
.  395 
.  494 
.  502 
.  755 
671,  §99 
.       30 


Hopkins,  Christopher, 

Hopkins,  James,    . 

Hopkins,  Samuel,  . 

Hopkins,  Samuel  (of  Billerica) 

Hopkinton,   . 

Hoplands, 

Hop'pen,  Benjamin, 

Hoppen,  John, 

Horsford,  Josiah,   . 

Hosmer,  Amos, 

Hosmer,  Stephen, 

Houghton,  Capt. ,    . 

Houghton,  Abraham, 

Houghton,  Benjamin, 

Houghton,  Daniel, 

Houghton,  Ebenezer, 

Houghton,  Ephraim, 

Houghton,  Joseph, 

Houghton,  Nathaniel,     . 

Houghton,  William, 

Houghton  &  Whetcomb, 

Housatannuck  (see  Housatonic) 

Housatonic,  . 

Housatonic  River, 

House,  Maj. , 

House,  Benjamin, 

House,  Capt.  James 

How,  Abijah, 

How,  Abraham, 

How,  Daniel, 

How,  Daniel,  jr.. 

How,  Enos,  . 

How,  Ezekiel, 

How,  Jaazaniah, 

How,  James, 

How,  Rachel  (of  Gloucester), 

How,  Rachel  (of  Worcester), 

Howard,  Daniel,    . 

Howard,  Enoch,     . 

Howland,  Consider, 

Howlard,  Capt.  Ephraim, 

Howlet's  Farm, 

Hoyt,  George, 

Hoyt,  Moses, 

Hubbal,  Capt.  Ithamar,    549,  564,  581,  586,  £90,  630, 

643,  647,  678,  767 

Hubbard,  Daniel,  . 

Hubbard,  Capt.  Jonathan, 

Hubbard,  Joseph, 

Hubbard,  Nathaniel, 

Hubbard,  Thomas, 

Hubbard,   Thomas   (Speaker  of   the  House  of 

Representatives),  21,  32  bis.  33,  41,  55,  93, 
116,  120,  178,  238,  262,  296,  306,  357,  359,  363, 
393,  401,  433,  443  bis,  452,  453,  545,  568,  569, 
585,  594,  604,  609,  611,  619,  626,  645,  675 


.  277 

.  277 

.  769 

.  479 

.  465 

.  750 

.  508 

.  112 

.  490 

.  152 

.  583 

.  535 

.  152 

.  583 

.  118 

.  182 
13,  14 

.  756 

.  122 

.  757 

.  519 

.  535 

.  502 

.  318 

.  750 

.  494 

.  102 

.  405 

.  519 

.  405 

486,  718,  742 

.  592 

.  93 

.  546 

.  214 

.  693 

.  62 


491 

702 
284 
331 
118 


Hubbard,  Tuthil,  . 
Hubbell  (see  Hubbal). 
Hudson,  Benaiah, 
Hudson,  Seth, 
Hudson  River, 
Humphrey,  Ebenezer, 
Humphrey,  Sarah, 
Humphreys,  Richard, 
Hunt,  Elisabeth,    . 
Hunt,  Ephraim,  jr., 
Hunt,  John,  .        54,  101 

Hunt,  Richard, 
Hunt,  Sarah, 


105, 


.  603 

.  561 
.  769 
31,  225,  475 
.  773 
.  773 
.   562,  563 
.  131 
.  253 
107,  529,  581,  612 
.  131 
.  658 


Page 
Hunt,  Simon,  ......     508 

Hunt,  WiUiam,  353 

Hunt,  William  (of  Tewksbury),        .  .  .     449 

Hunts  Town 567,  708 

Hurston,  William,  .....     563 

Hussey,  Obed 51,  537 

Hussey,  Capt.  Obed,        .....     244 
Hutchins,  Capt.  Benjamin,      ....     742 

Hutching,  Caleb 338 

Hutchins,  Capt.  Joshua,      534,   547,  583,  590,   628, 

630,  730 
Hutchinson,  Matthew,    .....     445 

Hutchinson,  Thomas,     33  bis,  45,  52,  55,  107,  139, 
146,  157  bis,  158,  162,  281,  297,  314.  359,  393, 
397,  518,  598,  604,  605,  609,  626,  644 
Hutchinson,  Timothy,    .....     453 

Hutson,  John,        ......     728 

Hutson,  Nathaniel,  .....     728 

Huzzey  (see  Hussey). 

Hydes,  Jabez,         ......     590 


Indians. 

Ahauton,  Amos, 
Ahauton,  Job, 
Arasaguntacook, 
Awonsamugg,  . 
Brand,  Caleb,  . 
Brand,  Joshua, 
Brooks,  Ann,    . 
Brooks,  Eunice, 
Chalcom,  Jacob, 
Church,  Peleg, 
Comecho,  Job, 
Comecho,  Joseph 
Coochuck,  Nathaniel 
David,  Betty,  . 
David,  Stephen, 
Dudley,  . 
Eastern, 
Ephraim,  Isaac, 
Ephraim,  John, 
Ephraim,  Joseph, 
Ferrit,  Caesar,  . 
George,  Matthias, 
Hassanimisco, 
Hendrick, 
Henry,  Jefifry, 
Henry,  Mary,  . 
Job,  Daniel, 
Job,  Peter, 
Kuskshaump,  John, 
Lawrence,  Elizabeth 
Lawrence,  Samuel, 
Martha's  Vineyard, 
Mashpee, 
Mattakeeset,    . 
Mohawk,  .      35 

Moho,  Samuel, 
Nantucket, 
Natick,      60,  61,  75 


I. 


57, 


.     103 

.       145,  332 

.     343 

.     655 

.       419,  738 

149,  200,  421,  605 

.       75 

.     656 

.     195 

.     571 

.     423 

.     421 

.     148 

.     151 

132,  136,  145,  153 

.     110 

36,  37,  52,  53 

.       61 

.     143 

60,  335 

.       116,  335 

.     241 

12,  172,  327,  532 

.       35 

.     334 

.     334 

.       42 

.     581 

.     123 

75,  308 

.     308 

10,  154,  353,  451 

.       110,  340 


.  420,  581 
119,  120,  122,  124,  141,  267 
103,  120,  221 
.  110 
110,  142  bis,  143,  148,  195, 
218,  334,  335  bis,  337,  353,  421  bis,  555,  605  bis, 
610,  655,  656 

Norridgewock 198,  215 

Pegan,  Sarah 610 

Penobscot,        .  .     17,  198,  215,  343,  379,  396 

Plymouth, 738 

Poignet,  Joseph,        .....     555 


790 


Index  of  IS^ames. 


Indians  —  continued. 
Poignet,  Samuel, 
Poignet,  Zipporah,    . 
Puncapaug,    103,  104,  110 
238,  241, 
Quason,  Abigail, 
Robbins,  Hannah,     . 
Rumney-marsh,  Elisabeth 
Sachemus,  Katherine 
St.  Francois,     . 
Simon,  Rev.  John,    . 
Six  Nations,      30 


120,212,220, 
287,  603,  504, 


118,  124,  133  bis,  144 
273,  296, 
354, 


136, 


47,  57, 

419, 

137,  151, 

142, 


207,  230,  289, 


303,  331,  332, 


Stockbridge,     . 

Thomas,  Daniel, 

Thomas,  James, 

Thomas,  Patience,    . 

Titticut,    47,  57,  110,  132 

Tray,  Benjamin, 

Waban,  Sarah, 

Wannanpaugus, 

Waupaumcorse, 

Wohwohwoos,  William, 
Industry,  the  schooner,  . 
Ingell,  Jonathan,    . 

Ingersol,  Capt. , 

Ingersol,  David,     .  .     57, 

Ingersol,  Capt.  Jonathan, 

Ingersol,  Capt.  Joseph,    . 

Ingersol,  William, 

Ingraham,  Duncan, 

Ingraham,  Elijah, 

Ipswich,         .        37,  101,  139, 

Ipswich  Canada  Township, 

Ireland, 

Ireland,  Abraham, 

Iseley,  Isaac, 

J. 

Jackson,  Abraham, 

Jackson,  Daniel,     . 

Jackson,  Rev.  Edward, 

Jackson,  John, 

Jackson,  Jonathan, 

Jackson,  Joseph,    . 

Jackson,  Mary, 

Jackson,  Michael,  jr., 

Jamaica, 

Jaques,  Daniel, 

Jarvis,  Anna, 

Jarvis,  Robert, 

Jarvis,  Thomas, 

Jeffry,  James, 

Jeffry,  James  (son  of  James  Jeffry), 

Jeffry,  Ruth, 

Jenkins,  Obadiah, 

Jewel,  Daniel, 

Jewett,  Jeremiah,  . 

Jewett,  Seth, 

Job,  Daniel  (an  Indian) 

Job,  Peter  (an  Indian), 

Johnson,  Gen. , 

Johnson,  Maj.  Gen.  or  Col. ,  338,  364, 

392,  396,  409, 
Johnson,  Benjamin,    .... 
Johnson,  Benjamin  (of  Stoughton), 
Johnson,  Ebenezer,    .... 
Johnson,  Henry,  ..... 


638 


306,  427,  576 


Page 

.  605 

.  555 

221,  222, 

514,  615 

.  738 

.  137 

.  142 

47,  185 

308,  309 

.   57 

,  157  bis, 

338,  363 

355,  583 

.  337 

153,  185 

581,  738 

153,  185 

.  354 

218,  548 

.  116 

.  132 

745,  746 

395,  540 

.  575 

647,  726 

378,  632 

.  555 

.  631 

.  502 

371,  488 

.  700 

365,  678 

.  226 

.  367 

.  534 

.  639 


402 
486 
577 
610 
678 
648 
486 
534 
599 
487 
690 
387 
690 
484 
484 
484 
552 
534 
741 
693 
42 
581 
759 
389, 
,  456 
,  515 
431 
278 
,  130 


385, 
419 
502 


129 


Page 

Johnson,  James,     . 

, 

236,  728 

Johnson,  Jeffs, 

.     171 

Johnson,  John, 

.     171 

Johnson,  Joseph,    . 

.     171 

Johnson,  Josiah,     . 

563, 

578,  630 

Johnson,  Josiah  (of  Tewksbury), 

.     602 

Johnson,  Simeon,  . 

.     486 

Johnson,  Thomas, 

.     516 

Johnson,  Thornton, 

.     171 

Johnson,  Col.  Wilham,    . 

.     296 

Johnson,  Zebadiah, 

. 

.     600 

Jones, , 

.     664 

Jones,  Abiathar,     . 

.     750 

Jones,  Benjamin,   . 

46,  654 

Jones,  Benoni, 

.     430 

Jones,  Cornelius,    . 

.     494 

Jones,  Ebenezer  (of  Enfield),  . 

.       94 

Jones,  Ebenezer  (of  Norton),  . 

.     667 

Jones,  Capt.  Ebenezer,    . 

.     690 

Jones,  Capt.  Elijah, 

.     534 

Jones,  Elisha,          .          .          .  84, 

101,  293 

312,  318 

Jones,  Ephraim,     . 

.       56 

Jones,  John, 

84 

Jones,  John  (guardian  of  Natick  Indians), 

.     110 

Jones,  John  (of  Bellingham),  . 

.     407 

Jones,  John  (of  Granville), 

.     751 

Jones,     John     (trustee    of     Hassanimisco 

In- 

dians). 

172,  532 

Jones,  Joseph,         .          .          . 

.     257 

Jones,  Joseph  (of  Easton), 

.     657 

Jones,  Nathaniel,  . 

544,  750 

Jones  &  Wentworth, 

.     504 

Jordan, , 

104,  221 

Jordan,  Zebulon,    . 

.     106 

Joslyn,  Henry, 

.     419 

Joslyn,  Joseph, 

422 

630,  533 

Josslyn,  Capt.  Joseph,     . 

.     310 

Josslyn,  Thomas,   . 

.     547 

Joy,  William, 

.     581 

Joyner,  William,    . 

.     314 

Judd,  Asahael, 

.     717 

Judd,  Samuel,  2nd, 

.     717 

Justices  of  the  Superior  Court, 

.  89,  262 

,  444,  673 

K. 

Kast,  Phillip  Godfrey,    . 

.     213 

Kast,  Thomas, 

.     213 

Keen,  Josiah, 

.     630 

Keep,  Capt.  Jabez, 

.     546 

Keith,  Ephraim,    . 

.     507 

Kellog,  Jabez, 

.     534 

Kellog,  Joseph, 

21 

267,  336 

Kellog,  Joshua, 

.     494 

Kellog,  Capt.  Martin, 

119,  124 

Kellog,  Richard,    . 

.     535 

Kellogg,  Nathaniel, 

20,  38 

Kembal,  Kemball  (see  Kimball). 

Kemp,  David, 

.     493 

Kenard,  Moses, 

.     466 

Kendall,  Abraham, 

.     205 

Kendall,  Ebenezer, 

205,  360 

Kendall,  Elisha,     . 

.     581 

Kendall,  Samuel,   . 

.        684 

685,  686 

Kendall,  Seth, 

.     685 

Kendell,  William,  . 

.     490 

Kenderhook  (see  Kinderhook). 

Kennebec  River,    17,  39,  144,  174, 

244,  473, 

558,  564, 

586 

593,  707 

Index  of  IN'ames. 


791 


Page 
Kennebec  River  Expedition,     192,  195,  205,  216,  219, 
246,  249,  256,  257,  258,  260,  328,  333,  336,  337, 
21,  753 


Kimball) 


590,  706, 


347,  348  bis.  362,  511,  5 
Kenney,  Mary, 
Kenney,  Nathan,   . 
Kenny, Jonathan, 
Kent,  Ebenezer, 

Kents, (attorney), 

Kettle,  Samuel, 

Key,  Keys  (see  Keyes). 

Keyes,  Cyprian, 

Keyes,  David, 

Keyes,  Elisha, 

Keyes,  Henry, 

Kidder,  Benjamin, 

Kidder,  Enoch, 

Kidder,  Capt.  Enoch, 

Kilcup,  George, 

Killum,  John, 

Kimball,  Abel, 

Kimball,  Ebenezer, 

Kimball,  Ebenezer  (son  of  Ebenezer 

Kimball,  Joseph,    . 

Kimball,  Joshua,    . 

Kimball,  Richard, 

Kinderhook  (New  York) 

Kindrick,  Ehjah,    . 

King,  Aaron, 

King,  Adonijah,     . 

King,  Ezra,  . 

King,  Capt.  Henry, 

King,  John,  . 

King,  John,  jr.. 

King,  Mary, 

King,  Nehemiah,   . 

King,  Robert, 

King,  Samuel, 

King,  Thomas, 

King,  WilUam, 

King  George,  the  First 

King  George,  the  Second 

Kingman,  Seth, 

Kingman,  Thomas, 

Kings  Street,  Boston, 

Kingsbury,  Caleb, 

Kingsbury,  John,  . 

Kingsley,  Aaron,    . 

Kingsley,  Capt.  Aaron, 

Kingsley,  Benjamin, 

Kingston, 

Kitteridge,  David, 

Kitteridge,  James, 

Kittery, 

Knap,  Benjamin,  . 

Kneeland,  John,  jr., 

Kneeland,  Solomon, 

Knights,  Joseph,    . 

Knolton,  Abraham, 

Knox,  Andrew, 

Knox,  John, 

•Knox,  William, 

Kuskshaump,  John  (an  Indian), 

Lake  Champlain,    .....      474,  771 

Lake  George,     393,  396,  408,  436,  467,  476,  477,  479, 

483,  497,  504,  505,  519,  545,  553,  557  ter,  558, 

563,  592,  617,  632,  653,  682,  687  bis,  715,  720  bis, 


711 
711 
249 

278 
203 
278- 

633  bis 

.     497 

.     736 

.     633 

.     548 

.     197 

.     491 

.     547 

.     479 

.     487 

.     726 

,  .     726 

.     486 

.     487 

.     487 

35,  770 

.     742 

.     495 

.     368 

.     368 

728 

750 

63 

63 

641 

630 

543,  546,  630,  654 

.       63 

.     125 

171,  284,  406 

250,  489,  580,  721,  722 

718 

29 

74 

735 

454 

331 

581 

331 

224,  488 

546,  646 

.     131 

125,  339,  635 

607 

255 

23 

583 

534 

49,  66 

563 

495 

123 


Page 
Lake   George  —  continued. 

727,  730,  733,  734,  735,  736,  738,  739  bis,  742, 
752,  756,  759,  771 


Lake  Iroquois, 
Lakeman,  Mary,    . 
Lakeman,  Nathaniel, 
Lakeman,  Sylvanus,  jr 
Lambert,  John, 
Lamphear,  Samuel, 
Lampson,  Peter,    . 
Lampson,  Thomas, 
Lancaster, 

Lancaster,  New  Grant, 
Lancaster,  Thomas, 
Lander,  John, 
Lane,  Job,     . 
Lane,  Capt.  John, 
Lane,  Sarah, 
Langdon,  Paul, 
Lankton,  Jonathan, 
Larrabee,  Lieut.  John, 
Lawarance  {see  Lawrence). 

Lawrence,  Col. 382,  626 

Lawrence,  Gov.  [Charles]  (Gov.  of  Nova  Scotia),    423, 

425,  428,  655,  668,  679 

Lawrence,  Elisabeth  (an  Indian),     .  .         75,  308 

Lawrence,  Samuel  (an  Indian),         .  .  .     308 


.  704 
.  133 
.  465 
.  133 
.  327 
.  390 
.  641 
.  641 
48,  691,  692,  732 
.  12 
581,  615,  728,  741 
.  551 
.  283 
10,  731 
.  283 
.  508 
.  741 
92,  204,  263,  414,  676 


Lawrence,  Thomas, 
Lawrence,  William, 


Lazel,  Elisabeth,    . 

Lazel,  Jacob, 

Leach,  John, 

Learned,  Ebenezer, 

Learned,  Robert,   . 

Lebanon, 

Le  Blanc,  Francis  (of  Nova  Scotia), 

Leddel,  Leddle  (see  Liddell). 

Lee,  Abiah,  . 

Lee,  Joseph, 


205 

10,  372,  487,  493,  546,  561,  581. 
636,  722  bis,  728,  759 
.     406 


.     406 

372,  470,  480 

.     758 

.     581 

343,  473,  707 

.      582,  594 


Leech,  Samuel, 
Leicester, 
Leland,  Moses, 
Leland,  Phineas, 
Leonard,  Aaron, 
Leonard,  Elkanah, 
Leonard,  Ephraim 
Leonard,  Ezra, 
Leonard,  George, 


.117 

151,  183,  664,  665 

.  728 

115,  292,  593 


.  495 
.  534 
.  136 
188,  243 
.  515 

27,  188,  243,  342,  373,  459,  507, 
614,  662,  758 
.     348 
.     376 


Leonard,  Ichabod, 
Leonard,  Zebulon, 

Lestock,  Admiral 

Lethbridge,  Samuel, 

Lewis,  Abigail, 

Lewis,  John, 

Lexington,    . 

Libbey  (see  Libby). 

Libby,  Elisabeth,  . 

Liddell,  Henry  (secretary  to  Gen.  Winslow 


159 
204 
279 
279 
532 


Lilly,  John,  . 

Lincoln, 

Lincoln,  Benjamin, 

Lindsey,  Lieut. , 

Lindsey,  Robert,    . 
Linken,  Ebenezer, 
Liscom  (see  Liscomb). 
Liscomb, , 


.   77 

),  652,  653, 

667,  771 

.  563 

173,  550,  552,  578,  579 

104,  573,  575 

.  765 

.  728 

.  380 

.  103 


792 


Index  of  ISTames. 


Page 
Liscomb,  Philip,     ......     750 

Lithgow,  Capt.  William.  .    17,  496,  558,  5S6,  593 

Little  Chebeague,  ......       77 

Little,  Isaac,  ......     149 

Little  Jabeeg  (see  Little  Chebeague). 


.518 
312,  536,  577,  587 

301 

301 

301 

223,  421,  580,  596 
26,  32,  144,  266,  352,  770 

508 

.  345,  394,  400,  458,  480,  487, 
760  bis 

139 

87,  105 
.  547 
.  465 
.  465 
.     495 

189  bis 
.  216 
.  686 
.     647 


Little,  John, 
Little,  Nathaniel,  . 
Littlehale,  Abraham, 
Littlehale,  James, 
Littlehale,  John,     . 
Littleton, 

Livermore,  Capt. 

Liverniore,  Jonathan, 
Livermore,  Samuel, 

Livingstone,  Robert, 

Livingstone,  Robert,  jr.. 

Lock,  John,  . 

Lock,  Joseph, 

Lock,  Joseph,  jr.,  . 

Lock,  Samuel, 

Lomis  {see  Loomis). 

London, 

Loney,  Anthony,   ...... 

Longely,  John,       ...... 

Loomis,  Jacob,       ...... 

Loomis,   Josiah    (deputy-sheriff   of   Hampshire 

County), 540 

Loomis,  Josiah  (of  Tacknachg),        .  .         49,  104 

Lord,  Joseph,  .  .  .  .  .       260,  419 

Loring,  Hannah,    ......     297 

Loring,  Jacob,         ......     104 

Loring,  Jonathan,  .....     651 

Loring,  Capt.  Joshua,      .....       49 

Loring,  Nathaniel,  .....     297 

Loudoun,  The  Right  Honorable  the  Earl  of,  .  597, 
600,  601,  604,  605,  618,  620,  622,  626  bis,  644, 
656,  657  bis,  659  bis,  664,  669,  671,  686,  688  bis, 
693  bis,  734,  740,  747,  755,  756,  761,  764,  768, 
769  bis,  770 

Louisburg 176,  241,  364 

Louisburg  Expedition,      10,  24,  33,  53,  62,  95,  140, 
159,  180,  194,  201,  214,  220,  237,  239,  339,  350, 
38C,  388,  434,  445,  699,  701,  762,  763 
Love,  John,  .......     646 


Lovejoy,  Timothy, 

Lovel,  Jonathan,    . 

Lovet,  Capt.  Phineas,  534,  546,  751, 

Low,  Nathaniel, 

Low,  Nathaniel  (of  Topsfield), 

Lowell,  Ebenezer, 

Lowell,  Samuel  (of  Amesbury), 

Lowell,  Samuel  (of  Newbury), 

Lumbart,  Parker,  . 

Lunenburg,  . 

Lunt,  Johnson, 

Luscomb,  Robert, 

Lydius,  Col.  John  Henry, 

Lyman,  Maj.  Gen. , 

Lyman,  Aaron, 
Lyman,  Caleb, 
Lyman,  Gideon, 


Lyman,  John, 
Lynde,  Benjamin, 

Lynde,  Daniel, 
Lynde,  David, 
Lynde,  Dorcas, 


.     534 
.     284 
754,  761,  764,  767 
.     508 
.     757 
.     100 
.     239 
.     589 
.       68 
118,  255,  276 
.     138 
224,  225,  380,  602 
.       105,  281 
.     740 
.     534 
.     137 
102,  109,  139,  146,  534,  590,  613, 
626,  628,  722,  728,  741 

722 

25,  157,  162,  176,  179,  205,  242, 
306,  372,  457,  612,  626,  661 

642 

292 

.       170,  171 


Lynde,  John, 
Lynde,  Joseph, 
Lynde,  Rebecca 
Lynde,  Samuel, 
Lynn,  . 
Lyon,  Samuel, 
Lyscomb  (see  Luscomb) 
Lyscomb,  Nehemiah, 
Lyscomb,  Phihp,    . 
Lyscomb,  Philip,  jr., 


Page 

.     642 

.       110,  210 

.     642 

.       170,  495 

196,  224,  462,  571,  765 

.     483 

.  106 
.  106 
.     106 


MacCarty, ,     . 

Mackworths  Island, 
Macquoit  (see  Maquoit). 

Maddocks, , 

Mahon,  William 

Maiden, 

Man,  James, 

Man,  Peletiah, 

Man,  Theodore  (of  Stoughton), 

Man,  Theodore  (of  Wrentham), 

Maney,  John 

Manning,  Benjamin, 

Manning,  Benjamin  (son 

Manning,  John, 

Manning,  William, 

Mansfield,  John, 

Mansor,  John, 

Manter,  Benjamin 

Maquoit, 

Marble,  Jonathan, 

Marble,  Robert, 

Marblehead, 

March,  , 

Marcy,  Col. , 

Marcy,  Elijah, 
Marcy,  Jedediah, 
Marcy,  Moses, 


42, 


of  Benjamin  Manning), 


405 

77 


160 
684 
110,  200,  316,  577 
535,  760 
.  135 
11 
.   86 
.  722 
.  744 
744 
.  534 
.   197,  602 
.  246 
.  743 
.  110 
.  531 
.  684 
.   684,  686 
420,  606,  679 
.   37 
.   382,  770 
.  495 
.  754 
246,  543,  546,  650.  671,  728,  745, 
757,  767 
26,  50,  110,  442,  643 
360 


Marcy,  Capt.  Moses. 
Mariot,  Powers, 
Marlborough, 
Marquand,  Daniel, 
Marquand,  Mary,  . 

Marsh, , 

Marsh,  David, 

Marsh,  Moses, 

Marsh,  Capt.  Moses, 

Marshall,  John, 

Marshall,  William, 

Marshapee  Indians  (see  Mashpee  Indians) 

Marshfield,    . 

Martha's  Vineyard  Indians 

Martin,  Ensign . 

Martin,  Asa, 
Martin,  Nathaniel, 
Mary,  the  schooner, 
Mascarene,  John,    . 
Mashpee  Indians,  . 

Mason, (Justice  of  the  Peace), 

Mason,  Capt.  David. 

Mason,  Ebenezer,  . 

Mason,  Elisha, 

Massachusetts  Bay,  Province  of,     16,  45 

79.  96,  104,  110,  111,  139, 158,  184  ler,  294,  347, 

378,  396,  463 
Massachusetts  Frigate,    .  .  .19,  358,  388,  608 


.  81 

.  353 

.  353 

.  736 

487,  661 

.  491 

.  187 

.  573 

.  548 


495,  723,  724,  748 
110,  154,  353,  461 
.  381 
.  646 
.  595 
.  601 
.  681 
110,  340 
.  696 
.  519 
.  51 
.  202 
48,  62,  57, 


Index  of  ^ames. 


793 


Page 

Page 

Massachusetts  Hall,        .         .         .90, 272 

443,  673 

Merrill,  Stephen 491,  693 

Massachusetts,  the  sloop, 

.     574 

Merrill,  Stephen  (of  Tewksbury),      .          .          .714 

Matinicus  Island,  ..... 

17 

Merrimac  River,      226,  228,  260,  344,  376,  473,  507, 

Mattakasett  Indians  {see  Mattakeeset  Indians). 

617,  625,  708 

Mattakeeset,           ..... 

.     738 

Merrimac,  the  schooner,            ....     592 

Mattakeeset  Indians,       .... 

420,  581 

Merrimack  River  (see  Merrimac  River). 

Matthews,  Robert,           .... 

.     739 

Merritt,  Isaac 728 

Matthews,  Sarah,  ..... 

.     739 

Merritt,  William,   . 

.      589,  690 

Maxey,  Josiah,       ..... 

.     534 

Merry  Meeting  Bay, 

.       39 

Maxy,  Thomas,      ..... 

.     662 

Metcalf ,  Eleazer,    . 

.       67 

Mayberry,  William,         .          .          194,  280, 

302,  329 

Metcalf ,  John, 

.     637 

Mayhew,  Col. ,          .... 

27,  188 

Metcalf,  Joseph,     . 

.     160 

Mayhew,  Payne,    ..... 

110,  353 

Methuen, 

.     594 

Mayhew,  Sarah,     ..... 

.      108 

Middle  Street,  Boston,    . 

.     611 

Mayhew,  Theophilus,      .... 

.     108 

Middleborough,      .     137,  153,  191,  192,  341,  342,  403 

Mayhew,  Dr.  Thomas,    .... 

.     451 

Middleburgh,  the  brigantine,   .           .           .       562,  563 

Mayhew,  Timothy,          .... 

.     451 

Middlesex  County,    9,  11,  19,  20,  24,  26,  57,  58,  59,  61, 

Mayhew,  Zaccheus,          .          .  21,  374,  558. 

614,  663 

69  bis,  80,  82,  83  bis,  86,  112,  113,  114,  131,  135, 

Mayhew,  Col.  Zaccheus, 

.     243 

142,  143,  169,  170,  173,  181,  186,  197,  198,  203, 

Maynard,  Jesse,      ..... 

.     742 

211,  214,  217,  218,  220,  223,  233,  234,  245,  270, 

Maynard,  John,      ..... 

.     495 

275  bis,  276,  278  bis,  286,  295,  298,  303  bis.  304, 

Maynard,  Stephen,          .... 

.     767 

312,  340,  369,  372,  374,  376,  402,  409,  424,  434, 

Maynerd  (see  Maynard). 

449,  458,  472,  487,  490,  506,  609,  612,  620,  532, 

McAllister,  Anna,  ..... 

.     561 

649,  660,  553,  565,  666,  660  bis,  566,  578,  679  bis. 

McAlhster,  Anna  (of  Westborough), 

.     723 

688,  589,  593,  603,  606,  612,  631  bis,  647,  662, 

McAlUster,  John,    ..... 

.     723 

655,   661,   679,   680,   681,   689,   696,   704,   710, 

McAlhster,  John  (son  of  John  McAllister), 

.     723 

712  ter,  713,  736,  747,  752,  755,  766 

McArthur,  John,    ..... 

313,  315 

Middleton, 80,  227,  580 

McCarty,  Daniel,   ..... 

.     599 

Milberry,  Samuel,            .....       73 

McCluer,  David,     ..... 

.       42 

Milk,  James, 99 

McCluer,  John,       ..... 

.     487 

Milleken  (see  Milliken). 

McFarland,  Alexander,  .... 

.     472 

Miller,  Col. ,    .             220,  221,  222,  363,  545,  626 

McFarland,  Walter,         .... 

82,83 

Miller,  Heber 654 

McKenny,  John,    ..... 

.     684 

Miller,  John  (of  Charlestown),            .           .           .278 

McKenzie,  Alexander,     .... 

.     128 

Miller,  John  (of  Northampton),        .          .          .     510 

McKenzie,  Andrew,         .... 

.     Ill 

Miller,  Joseph,        ......     494 

McKenzie,  Andrew  (of  New  London,  Colony  of 

Miller,  Robert 180 

Connecticut),           .... 

624,  625 

Miller,  Samuel,    103,  120,  121,  241,  333,  372,  603,  504, 

McKenzie,  James  {see  Andrew  McKenzie). 

514,  568,  660 

McKethney,  John,           .... 

.     765 

Miller,  Thomas, 430 

McNeal,  Hugh 30,  65,  367 

Miller's  River, 116,  1S3 

Meacham,  Jonathan,       .... 

.     713 

Milhken,  Capt.  Benjamin,        ....     487 

Meacham,  William,          .... 

.     713 

Milhken,  Edward,            ....      316,  459 

Mead,  Israel,           ..... 

182,  588 

Milhken,  Joseph,    ......       46 

Mead,  John,            ..... 

.     182 

Milton 162,  598 

Mead,  Josiah,          ....          24, 

268,  298 

Minot,  James,     112,  138,  228,  284,  372,  394,  397,  400, 

Meadow,  Fort  (in  Hadley), 

.     146 

582 

Meaybary  {see  Mayberry). 

Mireck,  Lieut.  Gideon 716 

Medfield 

44,  606 

Miriam,  Ebenezer,  jr.,     .....       82 

Medford,        .  61,  105,  155,  159,  161,  169,  27C 

,  303,490 

Mitchell,  Benjamin 22,  38 

Medford  River,       ..... 

.     155 

Mitchell,  Joseph,    ......     618 

Medumcook, 

.     725 

Mius,  Charles,         .          .          .          663,  723,  748,  768 

Medway, 

44,  606 

Moffit,  Daniel 660 

Melacon,  Belloni,  . 

691,  692 

Mohawks,      .          .      35,  119,  120,  122,  124,  141,  267 

Melandy,  Richard, 

.     728 

Moho,  Samuel  (an  Indian).      .          .        103,  120,  221 

Mellen,  Thomas,     . 

.     712 

Moller  (see  Miller  J. 

Alendon, 

.     141 

Monis,  R.  Judah,    ...            92,  272,  413,  674 

Mercy  (see  Marcy). 

Monk,  Dorothy 700,  701 

Mermaid,  the  brigantine. 

.     437 

Monotamy,   .......     165 

Merrick.  Ezra,         ..... 

.     487 

Montague,     .......       76 

Merrick,  Jacob,      ..... 

.     650 

Montague,  Samuel,          .....       14 

MerriU, 

.     733 

Montinicus  Island  {see  Matinicus  Island). 

Merrill,  David,       ..... 

.     491 

Montreal, 236 

Merrill,  EUsabeth,            .... 

.     714 

Monument  Ponds,            .....       30 

Merrill,  Enoch,       ..... 

.     695 

Moody,  Capt. 237 

Merrill,  Isaac,         ..... 

681,  722 

Moody,  Gideon,      ......     645 

Merrill,  Isaac  (of  Amesbury), 

766,  767 

Moody,  Jonathan,            .....     630 

Merrill,  John,          ..... 

.     695 

Moody,  Samuel 466,  645 

Merrill,  Moses, 

.     742 

Moor  (see  Moore). 

794 


Index  of  !N^ames. 


Moore,  Benjamin,  . 

Moore,  Daniel, 

Moore,  Elijah, 

Moore,  James, 

Moore,  Joseph, 

Moore,  Oliver, 

Moorey,  Morrey  (see  Morey). 

More  ton,  Jonathan, 

Morey,  Ezekiel, 

Morey,  George, 

Morey,  George  (sheriff  of  Bristol  County) 

Morey,  Capt.  George, 

Morey,  John, 

Morey,  Thomas,     . 

Morgan,  Ebenezer, 

Morgan,  Ezelviel,    . 

Morgan,  John, 

Morray  (see  Murray). 

Morrill,  Joseph, 

Morris,  Benjamin, 

Morris,  Dennis, 

Morris,  James, 

Morse,  Capt. , 

Morse,  Capt.  David, 

Morse,  Jedediah,    . 

Morse,  Josiah, 

Morse,  Rebecca,     . 

Morse,  Samuel, 

Morse,  Samuel  (of  Mendon), 

Morse,  Seth, 

Morse,  William, 

Morton,  George,     . 

Morton,  Jonathan, 

Morton,  Joseph, 

Morton,  William,   . 

Morton,  William  (grandson  of 

Morton,  Zephariah, 

Mosely,  Daniel, 

Mosely,  David, 

Mosely,  John, 

Moulton,  Capt.  Ebenezer, 

Moulton,  Jeremiah, 

Mousam  Great  Pond, 

Muis,  Muze  (see  Mius). 

Munroe,  Amos, 

Munroe,  Jonas, 

Munroe,  Joseph,     . 

Munroe,  Thomas,  . 

Murray,  Col. , 


Page 
535,  722 
336 
502 
491 
502 
48 

416 

534 

117 

285 

75 

237,  269 

373,  459,  534,  614,  722 

.  508 

.  555 

.  494 

.  742 
.  649 
.  481 
580,  581,  593 
.  589 
.  72,  73,  240 

17 
.  390 
.  555 
142,  218,  548 
.  175 
.  544 
.  564 

22 
.  471 
.  733 

22 

22 
.  22 
.  502 
.  116 
.  502 
487,  716 
9,  196,  369 
.   62 


George  Morton) 


.  350 
.  465 
.  350 
.  502 
352.  733 


Murray,  John,  173.  408,  451.  515.  652,  685,  686,  722, 

724,  742,  771 
Muxam,  Ezra,        ......     341 

Muzzy,  John.  ......     515 


Nakatan  Island.     ......     148 

Nantucket 21,  330,  357,  608,  638 

Nantucket  County,    28  bis,  51,  188,  244,  374,  460,  537. 

614,  637,  663,  761 
Nantucket  Indians.         .  .110 


Narragansett  Township 

Maine), 
Narragansett  Township 

minster), 
Narragansett  Township 

town,  N.  H.), 
Narragansett  Township 

ham  town).    . 


Number  One  (Buxton. 

93 
Number  Two    (West- 

20,  649 
Number   Four  (Goffs- 

38 
Number  Seven    (Gor- 

.  89,  93,  225 


Nash,  John, 

Nash,  Stephen, 

Nason,  John, 

Natick,    61,  69,  71,  72,  73, 


Page 
.  281 
.  556 
.     751 

75,  142,  150,  218,  240,  334. 


335,  337,  421,  605  bis,  606,  655,  656 
Natick  Indians,    60,  61,  75,  110,  142  bis,  143,  148,  195. 

218,  334,  335  bis,  337,  353,  421  bis,  549,  555, 

605  bis,  610,  655,  656 
Neechawog,  Nichawog,  Nitchewogg  {see  Niche- 

woag). 
Needham 393,  594,  772 


Nelson,  Samuel  Nichols, 
Nelson,  Temple, 
Neptune,  the  brigantine, 
Neptune,  the  schooner,  . 
Nevins,  Robert, 


.  687 
.  40 
.  383 
447,  512 
.  352 


Newbury, 
Newfoundland, 


37,  41,  60,  235,  394,  485,  594,  654 
295,  437,  482,  591,  592 


Newhall,  Benjamin,  ....  196,  224 
Newhall,  Capt.  Benjamin,        ....     765 

Newton 402,  748,  760 

Newton,  Jonas,      ......     733 

Newton,  Marshal 487,  665 

New  Boston,  .  .  .  343,  377,  473,  707 

New  Braintree,  District  of,      .  .  .  .     340 

Npw  Casco  (part  of  Falmouth),        .  .  .       76 

New  Castle,  District  of,  ....       32 

New  England,        ...  58,  601,  657,  668 

New  Framingham,  ....         85,  225 

New  Gloucester,     .  .   210,  343,  473,  542,  564,  707 

New  Hampshire,    17,  45,  184,  209,  250,  287,  294,  296, 

348,  378,  391,  424.  440,  463,  497,  507,  553,  697 

New  Marblehead 194,  225,  707 

New  Salem, 118 

New  York,    16,  45,  52,  57,  79,  143,  146,  157,  158,  177. 

294,  296,  313,  314,  354.  364,  440,  463,  480,  584, 

588,  731,  770. 


New  York  (Governor  of), 

Niagara, 

Nichewoag,   . 

Nichols,  Capt. . 

Nichols,  Daniel, 
Nichols,  Dydimus, 
Nichols,  Ebenezer, 
Nichols,  Isaac, 
Nichols,  James, 
Nichols,  John, 
Nichols,  Joshua,     . 
Nichols,  Zechariah, 
Nickerson,  Benjamin. 
Niles,  Samuel, 
Niles,  Samuel,  jr.. 
Noble,  Lazarus. 
Noble,  Luke, 
Noble,  Matthew,    . 
Noble,  Moses, 
Noble,  Capt.  Robert, 


.  695 
.  328 
78,  578 
.  616 
.  456 
.  456 
83,  110,  682 
.  227 
.  650 
.  285 
.  502 
.  68 
.  333 
.  238 
504,  548 
22,  38 
378,  632 
.  750 
.  535 
.  584 


Nohwohnooes,  William  (see  William  Wohwoh 

woos). 
Norcross,  Noah, 
Norcross,  William, 
Norridgewock  Indians,   . 
Norris,  John, 
North,  Capt.  John, 
North  America,    257,  423,  428 
North  Carolina, 
North  Yarmouth,  . 
Northampton,    102,  109.  120,  198,  206,  207  bis,  229, 

650 


.  654 

.  534 

.   198,  215 

.  742 

.  765 

566,  656,  659,  669,  693 

.   398,  466 

.  76,  77,  208 


Index  of  Names. 


795 


Northfield,    . 

20,  473,  624,  708 

Norton, 

.  84,  86,  169 

Norton,  Capt. , 

.     188 

Norton,  Col. , 

.     693 

Norton,  John, 

.       108.  663.  689 

Norton,  Capt.  John, 

.     243 

Norwood,  Gustavus, 

.       73 

Norwood,  Lydia,    . 

.      462.  502 

Norwood,  Mary,     . 

.       73 

Norwood,  Zaccheus, 

.     462 

Nottingham, 

.       184,  350 

Nova  Scotia,     268,  348,  401,  423,  425,  428,  429,  448, 

456,   518,   535,   546,   551,   572,   577,   579,   598, 

606  bis,  644,  663,  664,  668,  671,  680,  726,  737. 

760  bis.  772 

Noyce,  Elisabeth,  ......     224 

Noyes,  John,  ....        547.  590,  650 

Noyes,  John  (merchant).  ....     554 

Noyes,  John  (of  Stoughton),   ....     199 

Noyes,  Nathaniel,  .....       76 

Noyes.  Ward 534 

Nimiber    Four   Township    of    (on    Connecticut 

River),  .  .  121,  239.  261,  474,  553 

Nutting,  Jonathan.  .....     342 

Nutting,  Samuel 696 


O. 

Olcort  (see  Orlcutt). 

Old  Rainbow  (in  Northampton), 

Oliver,  Andrew.  22,  28,  32,  33  bis,  41,  55, 
151,  178,  238,  251,  256,  258,  357,  359, 
546,  568,  569,  584,  585,  594,  604,  619. 

Oliver.  Andrew  (Secretary  of  the  Province), 

Oliver,  Peter, 

Oliver,  William, 

Ordnance  Packet,  the  brigantine. 

Orlcutt,  Joseph, 

Osborne,  Abraham, 

Osborne,  Jacob, 

Osborne,  John,  22,  41,  111,  126  bis,  127  bis, 
178,  218,  296,  297,  363,  391,  443,  597. 

Osgood,  Nathaniel, 

Osgood,  Oliver, 

Osgood,  Phineas,   . 

Oswego, 

Otis,  Col. ,     27,  105,  107,  139,  162,  604 

Otis,  James,  31,  45,  51,  52,  110,  111,  112, 
243,  317,  373,  452,  459  bis,  613 

Otis,  James  (of  Barnstable),    . 

Otis.  John,      27,  40,  56,  79,  187,  243,  338, 

Otis,  Jonathan, 
Otis,  Joseph, 
Otis,  Solomon, 
Otter  Creek, 
Owen,  Joseph, 

Oxford 193 

Oxnard,  Thomas, 


Packard,  Isaac, 

Page,  Jonathan,     . 

Page,  Joseph, 

Pain  (see  Payne). 

Palmer,  Eldad, 

Palmer,  EUakim  (of  London), 

Palmer,  James, 


.  146 
117,  139, 
363,  401, 
626 

.     668 

403,  404 

337,  753 

.     488 

.     104 

.     546 

25,  105 

128,  147. 

626,  655 

.       12 

.     534 

.     262 

.     668 

,  626,  645 

120,  187. 

,  662,  766 

.       62 

366,  373, 

459,  613 

485 

62 

457 

474 

145 

485,  760 

.     611 


.     574 

685,  749 

.     685 


630 
353 
341 


Palmer,  John, 

Palmer,  Thomas,   . 

Paris,  Elkanah, 

Park,  Edward, 

Parker,  Daniel, 

Parker,  David, 

Parker,  Ebenezer, 

Parker,  Eliphalet, 

Parker,  Capt.  Gideon, 

Parker,  Isaac, 

Parker,  John, 

Parker,  Samuel, 

Parker,  Timothy,  . 

Parkhurst,  Ebenezer,  jr. 

Parkhurst,  Joseph, 

Parkman,  William, 

Parling,  Amos, 

Parmenter,  Jedediah. 

Parsons,  Jonathan, 

Parsons,  Noah, 

Parsons,  Stephen. 

Parsons,  William,  . 

Partridge,  Col.  Oliver,      8,  26,  45,  94,  102, 

146  6ts,  156,  157  bis,  158,  162,  207,  209 

245,  265,  398,  400,  470 
Partridge,  Samuel, 
Pastee,  Margaret,  . 
Patten,  Elizabeth, 
Patten,  John, 
Patterson,  Hezekiah, 
Patterson,  James, 
Patterson,  John,    . 
Patterson,  Jonathan, 
Pattin,  William,     . 
Paul,  Benjamin,     . 
Payne,  Ebenezer,  . 
Payne,  Joseph. 
Payne,  Sarah, 
Payne,  Stephen,     . 
Payne,  Thomas, 
Payne,  Timothy,      373,  405,  458,  536,  542, 
584,  613,  661 
Payquage,     .  .  .  .  260,  416 

Payson,  Aaron, 
Peabody,  Joseph,  . 
Peabody,  Nathan, 
Peabody,  Nathaniel, 
Peabody,  Oliver,    . 
Peabody,  Rev.  Oliver 
Peabody,  William, 
Peacock,  John, 
Pearly  (see  Perley). 
Pears,  Jacob,  .... 

Pearson  and  Hobbstown  (Pearsonstown) 

Pearson,  Moses, 

Pearson,  Thomas, 

Pebbles,  John, 

Peck,  Thomas, 

Pecker,  Hannah,    . 

Pecker,  John, 

Pegan,  Sarah  (an  Indian), 

Peggy,  the  brigantine, 

Peggy,  the  schooner, 

Peirce  (see  Pierce). 

Peirpoint  (see  Pierpoint). 

Peirson,  John, 

Pelerine,  John, 

Pelham 63,  192, 


Page 

.  232 

.  353 

.  350 

.  99 

.  471 

.  285 

.  680 

.  12 

.  718 

.  471 

.  471 

633,  546 

.  759 

.  10 

.  10 

.  160 

.  281 

.  650 

.  741 

.  43 

.  508 

.  549 

109,  139. 

214,  229, 

.  715 

.  182 

346,  562 

346,  562 

546 

411 

534 

728 

486 

376 

143 

105,  143 

87,  105 

.  316 

.  253 

562,  583. 

,  721,  728 

,  417,  418 

.  494 

.  746 

.  235 

.  129 

.  535 

.  423 

.   70 

.  516 

.  590 

.  343, 
473,  517 

.  87 

.  672 

.  684 

.  331 

.  622 

.  622 

.  610 

.  398 

.  518 


.  138 

.  748 
193,  600 


796 


Index  of  Names. 


Page 

Pell,  William 719 

Pellrin,  Magdalen,  .....     591 

Pemaquid  Fort  (Fort  Frederick),     97.  344,  395,  473, 

500,  707,  765 
Pemberton,  Rev.  Ebenezer,     .  .  .       414,  676 

Pembroke,     .   20,21,156,177,227,228,269,299,579 
Pengelly,  Pettingal  (see  Pettingell). 
Penobscot  Indians,  .     17,  198,  215,  343,  379,  396 

Pepper,  Capt.  Solomon,  .  .        702,  741,  750 

Pepperell,  Sir  William,    58,  95,  97,  397,  438,  536,  605, 

623,  626,  671,  762 
Pepperell,  District  of,      .  .  .  .  .     206 

Pequaog,  Pequoig,  Poquoige  (see  Payquage). 

Perbles,  John 697 

Perkins,  Margaret,  .....     216 

Perkins,  Nathaniel,  .....     648 

Perkins,  Thomas 374 

Perkins,  William,  ......     279 

Perley,  Allen, 572,  573 

Perley,  Ruth  (of  Ipswich) 572 

Perley,  Samuel 572,  573 

Perlin  (see  Parling). 
Perry,  John, 
Perry,  Thomas, 
Pesumscot  River,  . 
Petersham,    . 
Peterson,  Daniel,  . 
Peterson,  Mary, 
Peterson,  Orphan, 
Pettingell,  Joseph, 
Pettingell,  Nathaniel, 
Phelps,  Asahel, 
Phillips,  Elisabeth, 
PhilUps,  Ethan,      . 
Phillips,  James, 
Phillips,  John, 
PhilUps,  John  (of  Boston), 
PhiUips,  John,  jr., 
Phillips,  William,  . 
Phillipstown, 
PhiUipstown  Mills, 
Phips,  Katherine,  . 


.  735 
.  735,  736 
76,  77 
.  173,  578 
45,  46 
45,  46 
45,  46 
.  741 
.  140 
.  732 
.  720 
.  554 
.  720 
92,  265,  414,  676 
.  439 
.  383 
.  251 
62,  225 
.  225 
.   23 

Phips,  Spencer  (Lieutenant-Governor),  31,  112,  147, 
313,  367,  370,  371  bis,  377,  378,  381,  382,  385, 
386,  387,  388,  394,  395,  396  bis,  410,  425,  472, 
531,  532,  538,  540,  541,  542,  551,  558,  564  bis, 
566,  600,  601,  603,  609,  616,  617,  624,  626,  629, 
646,  656,  671,  677  bis,  688,  695,  699,  749,  772 

Phips,  Capt.  WiUiam 745 

Pickman,  Benjamin, 

Pierce,  Benjamin, 

Pierce,  George  (of  Lincoln), 

Pierce,  George  (of  Weston), 

Pierce,  James, 

Pierce,  John, 

Pierce,  Jonathan,  . 

Pierce,  Joseph, 

Pierce,  Josiah, 

Pierce,  Samuel, 

Pierce,  Samuel  (of  Holden), 

Pierce,  Stephen,     . 

Piercy,  Sylvanus,  . 

Pierpoint,  Ebenezer, 

Pierson  (sec  Pearson). 

Pike,  Ebenezer, 

Pike,  EUsha, 

Pike,  Samuel, 

Piper,  Nathaniel,  . 

Plscataqua  River, 


551,  573,  670 
140 
532 
532 
140 
771 
520,  546 
303,  534 
581,  626,  630,  704 
.     547 
.     284 
.     287 
.     488 
216,  237 

.  453 

.  601 

.  546 

.  465 

.  343 


Pitcher,  Edward,  . 
Pitcher,  Ehakim,  . 
Pitcher,  Samuel,    . 
Pitts,  George, 
Pitts,  James, 
Pitts,  Seth,   . 

Plaisted, , 

Plaisted,  Col. , 

Plaisted,  Ichabod, 
Plaisted,  Col.  Ichabod 
Plaisted,  Joseph,    . 
Plummer,  Aaron,  . 
Plymouth,    129,  149,  191,  234 


Page 

.     106 

.      103,  106 

.     669 

.       71 

.     122 

.     608 

.     159 

703,  726,  735 

.     652 

.      551,  682 

.     287 

44 

310,  402,  422,  446,  447, 

529,  663,  687,  723,  748,  756,  758 

Plymouth  County,     13,  26,  29,  46,  60,  64,  76,  80,  88, 

93,  129,  149,  151,  156,  187,  190,  191,  195,  196, 

197,  224,  232,  233,  234,  242,  269,  273,  287,  307, 

310,  344,  351,  373,  397,  402,  406,  416,  422,  436, 

446,  458,  481,  485,  488,  495,  530,  574,  603,  609, 

627,  652,  662,  666,  698 

Plymouth  Indians, 

Plympton,     . 

Plympton,  James, 

Plympton,  Sylvanus, 

Pochasock  Farm,   . 

Poignet,  Joseph  (an  Indian), 

Poignet,  Zipporah  (an  Indian), 

Point  Shirley, 

Pollard, (sheriff). 


Pollard,  Walter,     . 
PoUey,  the  schooner, 

Pomroy,  Col. , 

Pomroy,  Benjamin, 
Pomroy,  Elisha,     . 
Pomroy,  Herman, 
Pomroy,  Josiah,     . 
Pomroy,  Lydia, 


.  738 

.  341 

.  17 

.  51 

.  740 

.  555 

.  555 

582,  594 

.  591 

.  502 

.  404 

.  479 

.  220 

536.  745 

.  722 

.  43 

.  43 


Pontoosuck  (township  on  Housatonic  River),  .  13, 
14,  120,  207,  223,  225,  344,  395,  444.  473,  474, 
475,  624,  647,  694,  708 

Pool,  Ebenezer, 259 


Pool,  Samuel, 
Pool,  Samuel  (of  Reading), 
Poontosuck  (see  Pontoosuck) 
Poor,  David, 
Pope  (see  Bent  &  Pope). 
Porter,  Benjamin, 
Porter,  Eleazer,      26,  54,  64 
245,  305,  372 
Porter,  Elijah, 
Porter,  EUjah  (of  Topsfield). 
Porter,  Jacob. 
Porter,  John, 
Porter,  Jonathan,  . 
Porter,  Joseph, 
Porter,  Peter, 
Portsmouth, 
Powell,  Trueman,  . 
Powers,  Jonathan, 
Pownal,  Gov.  Thomas,    . 
Pratt,  Jonathan,    . 
Pratt,  Margaret.    . 
Pratt,  Samuel, 
Pratt,  Zeruiah, 

Preble,  Capt. , 

Preble,  Col. ,  . 

Preble,  Jedediah,  . 
Prentice,  Elisabeth, 
Prentice,  Henry,    . 


493,  495,  630 
.   83 

.  434 

.  211,  212 
94,  102,  187,  207,  208, 
458,  543,  613,  645,  661 
722.  728.  731,  757 
.  38 
.  628 
.  502 
.  101,  654 
.  535 
.  494 
.  125 
.  583 
208,  489,  590 
.  699  note 
535 
551 
728 
742 
27 
220 
229 
130 
130,  661 


Index  of  ^N^ames. 


797 


Presbury,  Benjamin, 
Prescott,  Benjamin,  jr., 
Prescott,  John, 
Prescott,  Peter,  jr., 
Preston,  Capt.  Samuel,  . 
Pribble  {see  Preble). 
Price,  Ezekiel, 
Prichard,  Eli, 

Prince,  Rev. , 

Prince,  Capt.  Job, 
Prince,  Rev.  Nathan, 
Prince,  Rev.  Thomas, 
Prince  Street,  Boston,     . 
Prince  of  Wales,  the  snow, 
Prince,  Jane, 
Procter,  Benjamin, 
Procter,  Edward,  . 
Procter,  John, 
Procter,  Peter, 
Provincetown, 
Pulling,  William,   . 
Pumroy  (see  Pomroy). 
Puncapaug  Indians,    103,  104,  110,  120, 
222,  238,  241,  287,  503,  504, 
Punkapog  (see  Puncapaug). 
Pursue,  the  brigantine,  . 
Putnam,  Archelaus, 
Putnam,  Betty, 
Putnam,  Cornelius, 
Putnam,  Cornelius,  jr.,  . 
Putnam,  Elisha,     . 
Putnam,  Elizabeth, 
Putnam,  Elizabeth  (wife  of  Cornelius 

jr.),       . 
Putnam,  Israel, 
Putney,  Joseph, 
Putney,  Josiah, 
Pynchon,  Dr.  Charles,     . 
Pynchon,  Edward, 
Pynchon,  John, 
Pynchon,  Joseph,    120,  154,  155,  200, 


Page 
501 
259 

48 
734 
533 

409 
772 
75 
255 
724 
724 
213 
699 
651 
623 
213 
213 
534 
572,  629,  702 
.     757 

212,  220,  221, 
514,  548,  615 

.  498 

.  259 

.  653 

.  279 

.  279 

.  299 

.  279 

Putnam, 

.  279 

.  653 

.  635 

.  635 

.  521 

.  190 

.  352 

222,  238,  400, 
401 


Q. 

Quabbin  (see  Quabin). 

Quabin, 

Quason,  Abigail  (an  Indian), 

Queen  Anne's  War, 

Quincy,  Edmund, 


Quincy,  John, 
Qmncy,  Josiah, 


.     25,  38.  69 
.     738 
.     616 
.       118,  358 
53,  119,  238,  287,  340.  457,  583,  603, 
612,  626,  750 
.       766,  767 


R. 


Race,  William, 

.     313 

Rainsford  Island,  . 

533,  546 

Raitt.  Alexander,  . 

.     390 

Raleigh,  the  ship. 

.     427 

Randall,  Stephen, 

.     520 

Randall,  Thoma-s, 

.     431 

Randall's  Meadow, 

.     431 

Rankin,  Benjamin, 

.     464 

Ranson,  William,  . 

.     693 

Rawson,  Mary, 

.     175 

Ray,  Nathaniel,     . 

.     723 

Ray,  Robert, 

.     728 

Read,  Amos, 

.     465 

Read,  Benjamin,    . 

59,  515 

Read,  Ezekiel, 

Read,  John, 

Read,  Capt.  John, 

Read,  Jonathan,     . 

Read,  Joseph, 

Read,  Joshua, 

Read,  Nathaniel,   . 

Read,  Samuel, 

Read,  Timothy,      . 

Read,  William, 

Read,  William  (of  Middleborough), 

Reading. 

Reading,  Ebenezer. 

Ready.  Thomas.     . 

Rebecca,  the  brigantine 

Reddington,  Thomas, 

Redman, 

Redman  &  Spur,    . 

Reed,  Isaac, 

Reed,  John,  . 

Reed.  Richard, 

Reed,  Samuel, 

Rehoboth,     . 

Remington,  Elijah, 

Rhode  Island,     118,  161 


294 


296,  378, 
463, 


Rice,  Aaron  (of  Charlemount) 

Rice,  Aaron  (of  Rutland), 

Rice,  Abraham, 

Rice,  Adonijah, 

Rice,  Beriah, 

Rice.  Daniel, 

Rice,  Eleazer, 

Rice,  Elisabeth, 

Rice,  Henry, 

Rice,  Israel, 

Rice,  Jedediah, 

Rice,  John,    . 

Rice.  Jonathan, 

Rice,  Mehitable,     . 

Rice,  Peter,  . 

Rice,  Samuel, 

Rice,  William, 

Rice's  Garrison, 

Rich,  Elisha, 

Rich,  John,   . 

Rich,  Thomas, 

Richards,  Ephraim, 

Richards,  Israel,    . 

Richards,  Joseph,  . 

Richards,  Dr.  Joseph, 

Richards,  Samuel, 

Richards,  Sarah,    . 

Richards,  Capt.  William 

Richardson.  Abiel  (of  Cambridge), 

Richardson.  Abiel  (of  Pepperell), 

Richardson,  Caleb, 

Richardson,  Edward, 

Richardson,  Jacob, 

Richardson,  Jeremiah, 

Richardson.  Josiah, 

Richardson,  Judith, 

Richardson,  Nathaniel, 

Richardson,  Phebe, 

Richardson.  Sarah, 

Richardson,  WilUam,      187,  228.  246, 

554,  561,  562,  590,  613,  628,  630, 

722,  732,  741,  751 
Richmond,  Reuben, 


Page 
.  479 
.  341 
466,  506,  710 
.  465 
.  135 
.  461 
.  135 
.  502 
10 
.  18 
.  341 
.  110 
.  591 
.  723 
405,  576 
.  728 
.  491 
.  504 
.  508 
.  693 
.  612 
519,  546 
.  253 
.  535 
391,  424,  440, 
608,  757,  766 
.  465 
.  444 
.  486 
.  771 
.  494 
.  535 
.  508 
444,  495,  771 
.  547 
.  220 
.  701 
.  767 
.  491 
.  701 
.  486 
441,  473,  740 
.  752 
.  694 
728,  758 
.  336 
.  758 
.  309 
.  711 
110,  186,  246 
.  212 
.  393 
309,  310 
.  480 
.  58 
.  198 
.  667 
.  426 
.  483 
.  483 
.  214 
.  214 
.  132 
.  560 
.  198 
465,  533,  546, 
652,  660,  661, 

.  742 


798 


Index  of  IS^ames. 


Richmond,  Sylvester 

Richmond  Fort,     . 

Riggs,  Daniel, 

Riggs,  Wheeler, 

Rindge,  Richard,   . 

Roach,  Capt.  John, 

Robbens  (see  Robbins). 

Robbins,  Benjamin, 

Robbins,  Hannah  (an  Indian), 

Robens  (see  Robbins). 

Robins,  Eleazer,    . 

Robins,  John, 

Robins,  Nathan,    . 

Robinson,  Archibald, 

Robinson,  George, 

Robinson,  John,     . 

Robinson,  Josiah,  . 

Robinson,  Samuel, 

Rochester,     . 

Rockwood,  John,  . 

Rogers,  Rev.  John, 

Rolfe,  Benjamin,   . 

Rook,  John, 

Root,  Seth,  . 

Root,  Thomas, 

Ross,  Alexander,    . 

Ross,  Samuel, 

Ross,  Seth,    . 

Ross,  Thomas, 

Ross,  William, 

Roundy,  Robert,   . 

Rouse,  George, 

Rowe,  David, 

Rowe,  John,  jr.,     . 

Rowley, 

Roxbury, 

Royal,  Col. ,   . 

Royal,  Isaac, 

Royal,  William, 

Royall,  Jacob, 

Royalshire,   . 

Ruddock,  John, 

Ruggles,  Capt. , 

Ruggles,  Col. , 

Ruggles,  George,    . 

Ruggles,  Timothy, 

Ruggles,  Col.  Timothy, 

Rumford, 

Rumney-marsh,  Elisabeth  (an 

Runnels,  Samuel,  . 

Russell,  Judge , 

Russell,  Adonijah,  jr., 

Russell,  Daniel  (commissioner 
186,  271,  361,  371 
404,  405,  427,  430, 
488,  498,  512,  518, 

Russell,  Daniel, 

Russell,  Desire, 
Russell,  James,     21,  26 
245,  296,  315,  363 
612,  661,  737,  750 


Page 
.     434 
17.  82,  83,  97,  144,  344,  580 
.     720 


.       99 

.     420 
.     374 

10,  749 
.     137 

.     199 

.     648 

483,  648 

.     742 

.     104 

.       98 

.     742 

.       38 

148.  156,  341 

.       64 

.     211 

45,  250 

.     519 

.     726 

.     502 

.     199 

.     535 

.     278 

.     722 

.     648 

.     726 

.     590 

.     698 

.     681 

.       37 

197,  633,  634 

.     118 

204,  626 

.     106 

.     751 

.     226 

74,  361 

238,  271 

392,  493,  504,  521 

48,  185 

228,  246 

479,  597 

45,  95,  250 

Indian),     .  .     142 

.     535 

238,  626,  668 

.     630 

of  impost),      112,  185, 

383  bis,  384,  388,  395, 

437,  439,  447,  451,  482, 

554  bis,  562,  576 

9.  181.  340.  553 

.       55 

32,  33,  41,  55,  162.  178,  186, 

423,  443,  469,  561,  610, 

762,  764 


375 
431 
540 


372 
759 


Russell,  Nathaniel, 
Rutland, 

Rutland  District,  . 
Rutter,  WilUam.    . 


Page 

192,  223,  520 

96,  180,  407,  445,  697 

.       204,  205 

.       16 


Russell,  James  (commissioner  of  stamp  duties),    513, 

529 
Russell,  James  (merchant),      ....     554 


Sabago  (see  Sebago). 

Saccarappa,  .......     225 

Sachem,  Elisha,      ......     317 

Sachem  us,  Katherine  (an  Indian),    .  .         47,  185 

Saco  (blockhouse  and  truck-house  at),     225,  344,  707 
Saco  River,  .  .  .11,  97,  343,  395,  473,  707 

St.  Christopher  or  St.  Kitts,     .  .  .      404,  405 

St.  Francois  Indians 308,  309 

St.  George's  River,     97,  277,  330,  343,  344,  377,  395, 

473,  564,  616,  707,  708 

St.  Johns  (Newfoundland),       ....     591 


Russell,  James  (of  Charlestown), 
Russell,  James  (of  Haverhill), 
Russell,  John, 
Russell,  Jonathan, 
Russell,  Moody, 


451 

736 

19 

55 

292,  357 


St.  Lawrence  River, 

Salem,  .    12,  37,  125,  203 

Salisbury, 

Salmon  Falls  River 

Salmon,  John, 

Sanders,  Capt. 

Sandwich, 
Sanger,  Eleazer,  . 
Sanger,  Ezra, 
Saparapa  (see  Saccarappa). 
Saraghtogoe  (see  Saratoga), 
Saratoga, 

Sargent,  Daniel,     . 
Sargent,  Epes, 
Sargent,  Jonathan, 
Sargent,  Philip, 
Sartel,  Obadiah,     . 
Sartle,  Abigail, 
Sartle,  John, 
Sartle,  Zechariah,  . 
Sartwell,  Ephraim, 
Saunderson,  Medad, 
Savage,  Arthur, 
Savage,  Isaac, 
Sawen,  John, 
1    Sawing,  Jonathan, 
Sawyer,  Joseph,  jr., 
Scammell,  Alexander, 
Scammell,  Jane,     . 
Scammell,  Samuel, 
Scammon,  Hannah, 
Scammon,  James, 
Scarborough, 
Scarletts  Wharf,  Boston 
Schenectady, 
School  Farm, 
Scituate, 
ScoUay,  John, 
Scott,  Edward, 
Scott,  John, 
Scott,  William, 
Seager,  Jonathan. 
Searl,  Nathaniel,    . 
Sebago, 
Sebago  Pond, 
Seeley,  Nathaniel, 
Selfridge,  Edward, 
Sergeant  (see  Sargent). 

Sewall,  Dr. ,    . 

Sewall,  Stephen,     . 
Sharpe,  John, 


248, 


.  598 
381,566,670,671 

.  484 

.  707 

.  658 

.  251 

.  700 

.  684 

.  684 


467,  699 

377,  621 

745 

495 

511 

487 

203 

533 

203 

11 

502 

65 

658 

72,73 

758 

48 

68 

68 

68 

175 

5,  236 

175 

232 

440 


233,  306,  485,  754 
398,  638 
.  583 
.  722 
.  491 
.  644 
.  515 
.  225 
.  541 
.  753 
.  635 


.  263 

90,  266,  443.  626,  673 

346,  359  bis,  364,  394,  399,  446 


71, 


Index  of  I*^ames. 


799 


Sharrow,  Mrs.  - 
Shaw,  David, 
Sheaf,  William, 
Sheepscott,   . 


Page 
,  283 
.  494 
.  180 
.     616 


Sheffield,  16,  28,  29,  31  bis,  87,  106,  158,  177,  223, 
225,  261,  266,  289,  313,  314,  317,  354,  355,  576, 
583,  632,  687.  767 

Sheffield,  Nathaniel, 

Shelden,  Aaron, 

Shelden,  Ebenezer, 

Shelden,  Ebenezer,  jr.,    . 

Shelden,  Elizabeth, 

Shepard,  Susannah, 

Shepard,  Thomas, 

Sheperd,  Shepperd  (see  Shepard). 

Shepherd,  John,     . 

Shepherd,  John  (of  Boston) 

Shepherd,  John  (of  Kittery) 

Shepherd,  Maj.  John,   103,  104,  120, 

Shepherd,  Jonathan, 

Sheple,  Jonathan, 

Sherborn, 

Sherburn,  Ephraim, 

Sherman,  Ephraim, 

Sherwin,  Ebenezer, 

Sherwin,  John, 

Shillaber,  Sarah,    . 

Shillaber,  William, 

Ship  Honduras, 

Shirley,  District  of, 

Shirley,  W^illiam  (Governor  of  Massachusetts),  .  33, 
36,  45,  53  bis,  58,  82,  96,  106,  107,  110,  124,  144, 
157,  158  bis.  174,  183,  202,  214,  215  bis,  228  bis, 
229,  238,  239,  241  bis,  246,  247,  254,  258,  260, 
268,  270,  272,  274  ter,  287,  289,  292,  294,  295. 
296,  300  bis,  328,  339,  342,  348,  349,  355,  356  bis, 
358,  364,  365  bis,  366  bis,  392.  396,  423,  425. 
428,  437,  451,  468,  472,  474,  476,  478  bis,  487, 


-.  207 
.  491 
.     469 

50,  209 
.     581 


.  237 
.     203 

.       635,  636 

121,  220,221,222 

.     494 

.     630 

.       580,  606 

.     125 

590,  678,  691,  728 

10,  205,  290 
.  350 
.  569 
.  569 
.  599 
206,  411,  681 


492,  493,  495,  496,  499, 
551,  569,  574,  586,  581 
699,  715,  716,  726,  771. 

Shirley,  Maj.  Gen.  William, 

Shore,  George, 

Shumway,  Stephen, 

Shute,  Benjamin,  . 

Shute,  John, 

Shuttleworth,  Vincent,  . 

Sibley,  William, 

Simon,  Rev.  John  (an  Indian) 

Simonton,  William, 

Simpson,  Joseph,  jr.. 

Six  Nations  (Indians  of),  30 
15' 


Skinner,  John, 

Skusshaump  (see  Kuskshaump). 

Slay  ton,  Thomas 

Sloop  Eagle, 

Sloop  Tavern  (an  inn), 

Sloss,  Joseph, 

Smethers,  Gamaliel, 

Smith,  Aaron. 

Smith,  Benjamin, 

Smith,  Braddyal, 

Smith,  Chilcah, 

Smith,  David. 

Smith,  Ezra, 

Smith,  James, 

Smith,  John, 

Smith,  Jonathan, 


500,  504,  505,  517,  521, 
593,  597,  598  bis,  664. 

.  671 

.  131 

.  703 

.  461 

.  552 

.  67 

.  590 

.  57 

.  538 

.  429 

118,  124,  133  bis,  144, 
bis,  273,  296,  338,  363 

.  188 


.  491 
.  482 
.  247 
.  722 
624,  625 
684,  685 
579 
509 
567 
317 
86 
170 
750 
502 


Smith,  Joseph. 
Smith,  Nathan. 
Smith,  Nathaniel, 
Smith,  Capt.  Nathaniel, 
Smith,  Richard, 
Smith,  Robert, 
Smith,  Maj.  Zoheth, 
Snow,  Ebenezer,    . 
Snow,  Jabez. 
Snow,  John, 
Snow,  Zerubbabel, 
Snow,  Prince  of  Wales, 
Somers, 
Soper,  Asa,   . 
Soper,  Edmund,     . 
South  Hadley, 
Southampton, 
Southampton,  District  of, 
Southborough, 
Spafford,  John, 
Sparhawk,  Nathaniel, 
Spaulding,  Capt.  Ephraim, 


Page 
.      502,  685 
.     486 
.     502 
.     110 
115,  116,  535 
.     728 
.     702 
.     544 
.     235 
.     102 
.      512,  535 
.     699 
.     190 
.     537 
.     537 
.     717 
206,  207,  239 
.     206 
580,  606,  671 
.     553 
.    49,  66,  89 
534.  546.  561.  650,  728, 
744,  759,  768 
.       10 
42,  345,  593 
.     749 
562,  590 


Spaulding,  Joseph, 

Spencer,  District  of, 

Spofford,  Moses,     . 

Sprague,  Capt.  Noah, 

Sprague,  Lt.  Samuel,       .....     156 

Spring,  Margaret,  ......     375 

Spring,  Thomas 375,  376 

Springfield 76,  94,  177,  207,  543 

Sprout,  Capt.  Ebenezer,  .  .  .      581,  613 

Spur  (see  Redman  &  Spur). 

Spur,  Robert,     25,  238,  246,  504,  514,  548,  573,  575, 

615 
Squam  Parish,        ......       94 

Stanley,  Thomas 431 

Stanley,  William 668,  669 

Stanniford,  Daniel,  .  .  .661,  720,  742 

Stanniford,  John 81,  148,  149 

Stanniford,  Sarah,  .  .  81,  148,  149,  213 

Starr,  Benjamin,    ......       78 

Stebbins,  Benjamin, 

Stebbins,  Nehemiah, 

Stebbins,  Thomas, 

Stedman,  Ebenezer, 

Stedman,  John, 

Steel,  John,  . 

Steel,  Mary, 

Steel,  Robert, 

Steel,  Thomas, 

Steel,  Thomas  (of  Leicester), 

Sterling-Castle,  H.  M.  S., 

Stemes  (see  Sterns). 

Sterns,  Ebenezer,  . 

Stems,  Isaac, 

Sterns,  John, 

Stems,  John  (of  Attleborough) 

Stetson,  Joseph,     . 

Stevens,  Abiel, 

Stevens,  David, 

Stevens,  Ephraim, 

Stevens,  James, 

Stevens,  John, 

Stevens,  Capt.  Phineas,  . 

Stevens,  Samuel,    . 

Stevens,  Samuel  (of  Roxbury), 

Stevens,  Samuel  (son  of  Capt.  Phineas  Stevens), 

Stevens,  Samuel  (of  Stow)  ■.      . 


.  535 

.  380 

.  502 

.  567 

.  567 

.  40 

.  40 

.  247 

171,  458 

.  315 

.  588 

.  535 
.  483 
535,  678 
.  134 
.  422 
.  208 
.  208 
.  533 
.  486 
.  516 
121,  261,  658,  659 
216,  487,  644 
.  595 
658 
424 


800 


Index  of  Names. 


Page 

Stevens,  Sarah, 

424,  486 

Stevens,  Timothy, 

.     595 

Stevens,  WiUiam,  . 

.     720 

Stevens  River, 

.       39 

Steward,  Solomon, 

.     535 

Stickney,  William, 

546,  654,  602,  646 

650,  678 

Stieles,  Jonas, 

.     535 

StiU  Water,  . 

475, 

476,  477 

Stimson,  Lieut. , 

.     409 

Stockbridge,    28,  29,  30, 

31  bis,  35,  106,  118, 

119,  120, 

122,  123,  124,  141,  158,  177,  223,  225,  248,  249, 
261,  266,  267,  276,  313,  314,  317,  462,  473,  474, 
475,  556,  624,  708,  735,  745,  746 
Stockbridge,  David,        .  .  547,  583,  613,  646 

354,  355,  583 

728 

706 

706 

141 

583 

546 

654 

635 

154 

373 

700 

188,  226,  243 

.       180,  316 

.     114 

.       312,  704 

221,  249,  299,  390 

.     134 

.       479,  722 

.     685 

.     298 

.     298 

.     685 

.     546 

150,  193,  671 

.     430 

.     436 

.       65 

.     273 


199, 


Stockbridge  Indians, 

Stockwell,  Daniel, 

Stockwell,  John,    . 

Stockwell,  John  (son  of  John  Stockwell), 

Stone,  Benjamin,  . 

Stone,  Elizabeth,  . 

Stone,  John, 

Stone,  Jonathan,    . 

Stone,  Josiah, 

Stone,  Moses, 

Stone,  Nathaniel,  . 

Stone,  Samuel, 

Storer,  John, 

Storer,  Col.  John,  . 

Story,  William, 

Story,  Wilham  (of  Boston) 

Stoughton,    11,  18,  84,  86,  103 

Stow,   .... 

Stow,  Ephraim, 

Stratton, , 

Stratton,  Jabez,     . 

Stratton,  Margaret, 

Stuart,  Alexander, 

Stuart,  Richard,    . 

Sturbridge,    . 

Sturges,  Samuel,    . 

Sturtevant,  Francis, 

Sturtevant,  John,  . 

Sturtevant,  William, 

Sturtevant,     William     (grandson     of     William 

Sturtevant), 273 

Sturtivant  (see  Sturtevant). 

Stutson,  James,      ......     464 

Sudbury 420 

Suffield, 190 

Suffolk  County,  18,  25,  37,  40,  44,  48,  49,  66,  67,  74, 
78,  79,  84,  95,  96.  98,  100  bis,  102,  108,  114,  115, 
123,  129,  130,  132,  133,  135  bis,  136,  137,  146, 
161,  171,  176,  181,  183,  185,  186,  197,  199  bis, 
200,  202,  204,  211,  212,  213,  219,  224,  232  bis, 
237,  246,  247,  251,  253,  258,  259,  268,  269,  275, 
281,  293,  298,  309,  311,  318,  360,  372,  380,  392, 
393,  398,  399,  411,  421,  422,  431,  457,  464  bis, 
481,  496,  510,  516,  550,  572,  575  bis,  579,  594, 
595,  596,  597,  603,  604,  611,  612,  623,  624  bis, 
625,  633,  634  bis,  636,  643  bis,  648,  651,  652, 
656,  658,  660,  705,  724,  729,  733,  734,  738,  763, 
766,  773 

Summer  Street,  Boston,  ....     642 

Sumner,  John,        .  .  .  110,  353,  374,  614 

Sumner,  Nathan,  ......     590 

Sumner,  Nathaniel,         ....       650,  773 

Sumner,  Nathaniel  (of  Stoughton),  .  .616 

Sumner,  Seth, 374 

Sunderland,  ...         14,  15,  75,  116,  118,  183 


Page 

Suranam  (see  Surinam). 

Surinam,     317,  371,  375,  384,  395,  447,  488,  512,  540, 

562,  601 

Sutton 68,  180,  279 

Swallow,  John 10,  493 

Swan,  Alexander,  ......     590 

Swan,  Asa,  jr.,        ......     547 

Swansea,        ......       202,  331 

Swanzey  (see  Swansea). 

Sweet,  Henry, 291 

Sweet,  John,  ......     291 

Sweet,    John    (of    Attleborough,    son    of    John 

Sweet), 291 

Sweet,  John  (keeper  of  ferry  at  Haverhill),        .     242 
Sweetser,  Benjamin,        .  .    '      .  .  .     409 

Swift,  Samuel, 422 

Sylvester,  Nathaniel,       .....     191 

Symmes,  Caleb,      ......     554 

Symonds,  Hannah,  .  .  .'         .  .     135 


Taconet,  Taconock  (see  Taconick,  Fort  Halifax). 
Taconnet  (Taconic),  ..... 
Taft,  Joshua,  ...... 

Talbot,  Daniel 

Tarbell,  Samuel,     ...... 

Tasker,  John,  .  .  .33,  239,  594,  626, 

Taunton,       .        35,  231,  285,  327,  332,  365,  461, 
Taunton  &  Middleborough  Precinct, 
Taylor's  Garrison,  ..... 

Taylor,  Daniel,  jr.,  ..... 

Taylor,  Edward,    ...... 

Taylor,  Eldad,       494,  534,  576,  584,  630,  660, 

735, 
Taylor,  Ezra, 
Taylor,  Isaac, 
Taylor,  John, 
Taylor,  Joseph, 
Taylor,  Rowland,  . 
Taylor,  Sarah, 
Taylor,  Timothy.  . 

Temple, , 

Temple,  Isaac 508,  633, 

Temple,  John 728, 

Temple,  Capt.  John, 

Temple,  Thomas 534, 

Ten  Miles  Falls  on  Androscoggin  River,    . 
Terrey,  Abiel,         ...... 

Teticut  Indians  (see  Titticut  Indians). 

Tetticut  (see  Titticut). 

Tewksbury,  .  .  .  128,  131,  214,  449,  580, 

Thacher,  Col. , 

Thacher,  Samuel,  . 

Thacher,  Capt.  Samuel 692, 

Thatcher, ,      . 

Thatcher,  Col. , 

Thatcher,  Mary,     . 

Thatcher,  Oxenbridge  (attorney), 

Thatcher,  Peter,     . 

Thatcher,  Peter  (of  Middleborough) 

Thatcher,  Rev.  Peter,     . 

Thayer,  CorneUus, 

Thayer,  Eleazer,    . 

Thayer,  Hannah,  . 

Thayer,  Isaac, 

Thayer,  Jeremiah,  . 

Thayer,  Oliver, 

Thayer,  Uriah 761, 


355 
535 
199 
203 
661 
669 
376 
473 
581 
372 

r27, 

750 
530 
415 
491 
581 
55 
55 
303 
719 
737 
737 
680 
759 
226 
110 


671 
740 
480 
693 
154 
433 
351 
51 
351 
351 
341 
407 
761 
754 
407 
534 
754 
768 


Index  or  ^ames. 


801 


47,67 


419 


439 


Thayer,  William,    . 
Thomas,  Daniel  (an  Indian), 
Thomas,  Ebenezer, 
Thomas,  Edward, 
Thomas,  Ephraim, 
Thomas,  Eunice,    . 
Thomas,  Isaac, 
Thomas,  James  (an  Indian), 
Thomas,  John, 
Thomas,  Nathan,  . 
Thomas,  Nicholas, 
Thomas,  Patience  (an  Indian) 
Thomas,  Samuel,  jr., 
Thomas,  Thomas, 
Thomas,  William, 
Thomas,  Dr.  William, 

Thompson, ,   . 

Thompson, (of  Great  Britain) 

Thompson,  Jacob, 

Thompson,  James,      ,    . 

Thompson,  Joseph, 

Thompson,  Mary,  . 

Thompson,  Nathan, 

Thompson,  Simon, 

Thome,  William,   . 

Thrasher,  Benjamin, 

Tibaudeau,  Eleanor, 

Ticonderoga, 

Tidmarsh,  Giles,     . 

Tilley,  George, 

Tilson,  Timothy,    . 

Tilton,  Israel, 

Tilton,  Thomas,     . 

Tincam,  Capt.  Joseph,    . 

Tinkam,  Peter, 

Tirrel,  Job,    . 

Tisdale,  Israel, 

Titcomb,  Enoch,    . 

Titticut,         ....  57,  145 

Titticut  Indians,       47,  57,   110,   132,   136, 


Titticut  River, 

Tobbs  (see  Tubbs). 

Toby,  Capt.  Zaccheus,     . 

Tompson,  Tomson  (see  Thomp; 

Toppan,  Dr.  Bezaliel, 

Topsfield, 

Topsham, 

Tortola  (see  Tortuga). 

Tortuga, 

Tothill,  Mary, 

Towe.seck  Neck, 

Townsend,  Benjamin, 

Tozer,  John, 

Tracey  (see  Tracy). 

Tracy,  Thomas, 

Trail,  Joseph, 

Tray,  Benjamin  (an  Indian), 

Tredeway,  Jonathan, 

Trollet,  Michel, 

Trowbridge,  Edmund,     . 

Trumbal,  Mary, 

Truro, 

Tubbs,  Jacob, 

Tucker,  Benjamin, 

Tucker,  Jeremiah, 

Tucker,  Jonathan, 

Tucker,  Uriah, 

Tuel,  Micajah, 


son). 


38 


378, 


452 
532 


Page  | 

502 

337 

340 

719 

693 

719 

746 

,  153 

185 

87 

590 

693 

202 

,  581 

738 

600 

87 

72 

30 

74 

664 

251 

252 

341 

520 

630 

334 

334 

,  557 

559 

351 

623 

538 

577 

396 

219 

79 

581 

234 

108 

109 

406 

341 

628 

188 

243 

60 

,332 

507 

137, 

151, 

153 

185 

507 

489 

283 

,  580 

731 

58 

225 

405 

131 

737 

416 

437 

269 

508 

354 

479 

388 

,  458 

469 

113 

,  629 

702 

298 

151 

616 

544 

479 

728 

Tuft,  Peter,  . 

Tuft,  Thomas, 

Tufton,  Thomas,    . 

Tupper,  William,   . 

Turner,  Alexander, 

Turner,  Ebenezer, 

Turner,  Israel, 

Turner,  John, 

Turner,  Joseph, 

Tute,  John,  . 

Twitchell,  Benoni, 

Two  Brothers,  the  schooner, 

Tyler,  Jacob, 

Tyler,  Capt.  Nathan, 

Tyler,  Phineas, 

Tyler,  Royal, 

Tyng, ,  . 

Tyng,  Eleazer, 
Tyng,  John, 
Tyng,  John  Alford, 
Tyng,  Jonathan,    . 


XJ. 


306,  359,  401 


Page 

.     159 

.     210 

.     601 

.     693 

.    535 

690,  650 

458,738 

.     750 

,    486 

,     337 

.     416 

.     431 

.     487 

187,  764 

.     446 

.     452 

404,  433 

206,  290 

.     290 

.     305 

,     305 


Underwood,  Hannah, 

77,  78 

Underwood,  Joshua, 

77 

Upham,  Ehsabeth, 

375 

Upham,  Jabez, 

.   336,  415 

Upham,  Capt.  Jabez, 

534,  581,  590,  630,  650,  654, 

660,  728,  753 

Upham,  Richard,  . 

592 

Upper  Housatonic, 

714 

Upton,  Sarah, 

174 

Upton,  William,  . 

174 

Uxbridge, 

141 

V. 


Valantines,  Johannes, 
Van  Dusars, 
Vassal,  Col.  — ■ — ,  . 
Vernon,  Fortesque, 
Very,  Desir^, 
Vigilant,  the  ship, 
Vitto,  Prince, 


TV. 

Waban,  Sarah  (an  Indian), 
Wabon  (see  Waban). 
Wade,  Samuel, 
Wadsworth,  Christopher, 
Wadsworth,  Isaac, 
Wadsworth,  John, 
Wadsworth,  Mercy, 
Waineye,  Peleg, 
Wait,  Gad.,  . 
Wait,  Nathan, 
Waldo,  Benjamin, 
Waldo,  John, 
Waldo,  Ralph  Gulston, 
Waldron,  Isaac, 
Wales,  Nathaniel, 

Walker,  Rev. , 

Walker,  Hezekiah, 
Walker,  Jason, 
Walker,  John  (of  Dartmouth) 
Walker,  John  (of  Worcester), 
Walker,  Joseph, 


.  35 

.  49 

602,  610 

.  498 

.  12 

.  115 

.  423 


142,  218,  548 

.  728 

.  286 

.  88 

.  486 

.  286 

.  693 

.  416 

.  416 

.  624 

.  624 

.  771 

.  308 

.  642 

.  250 

.  770 

.  515 

.  570 

.  237 

654,  756 


802 


Index  of  !N^ames. 


20, 


Walker,  Joshua,     . 

Walker,  PhiUp,       . 

Walker,  Samuel,    . 

Walker,  Sarah, 

Walker,  Thomas,   . 

Walker,  Timothy, 

Walkup,  George,    . 

WalHngford,  Ezekiel, 

WaUis,  John, 

Walpole,       .  .  .        11,  18, 

Waltham, 

Walton,  Samuel,    . 

Wannanpaugus  (an  Indian) 

Ward,  Daniel, 

Ward,  Hezekiah,    . 

Ward,  Jabez, 

Ward,  James, 

Ward,  Miles,  jr.,    . 

Ward,  Richard, 

Ware,  Benjamin,   . 

Ware,  EUphalet,    . 

Ware,  Ephraim,     . 

Ware,  WilUam, 

Ware  River,  .  .  .  149 

Wareham,     .  .  .  341,  664 

Warner,  Daniel, 

Warner,  Eleazer,    . 

Warner,  Joshua,    . 

Warner,  Philemon, 

Warner,  Samuel,    . 

Warren,  Benjamin, 

Warren,  Benjamin  (of  Hardwick) 

Warren,  Joseph,     . 

Warren,  Lady, 

Warren,  OUver, 

Warren,  Sir  Peter, 

Warren,  Samuel,    . 

Washburn,  Isaac,  . 

Washburn,  Nehemiah, 

Watertown,  . 

Watkins,  Benjamin, 

Watkins,  George,  . 

Watson,  Peletiah, 

Watts,  Alexander, 

Watts,  Samuel,  22,  32,  33,  41,  79,  104, 
118,  124,  139,  144,  159,  178,  192, 
271,  289,  297,  371,  372,  401,  423, 
535,  551,  611,  612,  626,  737 

Watts,  Sarah, 

Waupavuncorse  (an  Indian) 

Wayman,  Jonathan, 

Webb,  John, 

Webb,  Rev.  Nathan, 

Webber,  Benedict, 

Webber,  Henry,     . 

Webster,  Stephen, 

Webster,  Capt.  Stephen 

Welch,  Elizabeth, 

Welch,  William,     . 

Weld,  Capt. , 

Weld,  Aaron, 

Weld,  Abijah. 

Weld,  Job,    . 

Weld,  John, 

Weld,  Joshua, 

Weld,  Moses, 

Weld,  Moses,  jr.,    . 

Weld,  Rev.  Thomas, 

Welles,  Arnold, 


256 
124,  256 


151 


Page 

466,  506,  710 

.     756 

.     487 

.     770 

.     427 

45,  95,  756 

.     543 

.     684 

.     416 

390,  580,  606 

330,  760,  761 

287,  288 

116 

491 

678 

510 

768 

404 

686 

535 

535 

735 

46 

283,  419,  683 

723,  748,  749 

.     483 

.     515 

.      494,  655 

.      642,  564 

.     508 

.     546 

.     436 

.       22 

273,  336,  337 

.     535 

267,  273,  274 

.     590 

.     500 

47,  185 

162,  747,  748 

.     712 

.     194 

.     728 

.     203 

105,  106,  112, 

238,  239,  266, 

433,  443,  457, 


.  611 

.  132 

.  693 

.  434 

.  534 

.  503 

.  535 

.  561 

.  490 

.  311 

.  311 

.  78 

.  193 

.  193 

.  534 

.  193 

.  193 

.  193 

.  193 

.  341 
395,  540 


Kittery), 


Page 

WeUes,  Samuel,  21,  25,  27,  28,  31,  32,  33,  45.  52,  55, 
111  bis,  120,  146,  157  bis,  158,  162,  296,  354,  355, 
536,  539,  580,  594,  609,  620,  626,  645,  762 

Welles,  Samuel,  jr., 

Wellington,  Joseph, 

WeUington,  Rebecca, 

Wellington,  Timothy, 

Wells,  . 

Wells, , 

WendeU,  Jacob,  16,  17 
84,  105,  107,  111, 
297,  539,  546,  568 

Wenham, 

Wentworth  (see  Jones  & 

Wentworth,  Ameriah, 

Wentworth,  Benning, 

Wentworth,  John, 

Wentworth,  William, 

Wentworth,  William  (of 

Wesson,  Ephraim, 

Wesson,  Henry, 

Wesson,  Stephen,  . 

West,  Charles, 

West,  John,  . 

West,  Capt.  Peter, 

Westborough, 

Westfield,      . 

West  Hoosac, 

West  Indies, 

West  Indies  (English), 

West  Payquage,     . 

West  River, 

Western  Expedition, 

Weston, 

Weston,  EUphalet, 

Wetherbee,  Thomas, 

Weymouth,  . 

Wheat,  Solomon,  . 

Wheeler,  Isaac, 

Wheeler,  PhiUp,     . 

Wheeler,  Richard, 

Wheeler,  Samuel,  . 

Wheeler,  Thomas  (of  Stow),    . 

Wheeler,  Thomas  (of  Worcester), 

Wheeler,  William, 

Wheelock,  David, 

Wheelock,  Jonathan, 

Wheelwright,  John,  28,  33,  41,  107,  108,  162,  178 

Wheelwright,  John  (Conmiissary  General),  36,  87,  88, 
91,  97,  125,  126  ter,  127  6w,  138,  198,  215,  231, 
234,  241,  244,  251,  263,  297,  301,  302  bis,  308, 
311,  316,  350,  367,  370,  371,  389,  445,  470,  498, 
514,  541  bis,  583,  628,  663,  666,  675,  694,  702 

Wheelwright,  Samuel,     .....       62 

Whetcomb  (see  Whitcomb). 

Whipple,  Abigail,  .  .  .  .     '      .  .     641 

Whipple,  Francis,     419,  483,  486,  487,  501,  508,  534. 

561,  641 

Whipple,  Jacob,     ......     495 

Whitamore  (see  Whittemore). 

Whitcomib,  Asa,     ......     534 


.  512 
.  20 
.  20 
.  20 
169,  226,  484 
41,  105,  107,  139 
22,  25,  29,  31  bis,  33,  41,  83, 
115,  156,  179,  225,  226,  245, 
594,  609,  626,  655,  710 

.       201,  594 
Wentworth). 

.  106 
.  353 
.  106 
.  106 
44 
.  533 
.  435 
.  560 
.  341 
.  37 
.  652 
.  580 
177,  580,  740 
.  680,  769 
.  498 
.  431,  451 
.  685 
.  602 
296  bis,  299,  300 
.  533 
.  45 
.  630 
.  281,  692 
.  692 
.  552 
.  571 
.  683 
.  508 
.  646 
.  66 
.  106 
.  736 
.     516 


Whitcomb,  Capt.  Asa, 
Whitcomb,  Benjamin, 
Whitcomb,  Eleazer, 
Whitcomb,  John,  . 
Whitcomb,  Jonas, 
Whitcomb,  Joseph, 
Whitcomb,  Rachel, 
Whitcombe,  Nathaniel, 


742 
714 
534 
470 
590 
554 
534 
520 


Index  of  ^ames. 


803 


White,  Capt. , 

White,  Col. ,  . 

White,  Daniel, 

White,  David, 

White,  Elijah, 

White,  Jacob, 

White,  James. 

White,  John. 

White,  John  (of  Wenham), 

White,  Jonathan,  . 

White,  Samuel, 

White,  Samuel  (of  Taunton), 

White,  Thomas,     . 

White,  WiUiam,     . 

Whither,  Abner,     . 

Whiting,  EUphalet. 

Whiting,  Josiah,     . 

Whiting,  Leonard, 

Whiting,  Nathaniel,  jr., 

Whiting,  Solomon, 

Whitman,  Abiah,  . 

Whitman,  John,     . 

Whitman,  Samuel, 

Whitney,  Abel, 

Whitney,  Abraham, 

Whitney,  Isaac, 

Whitney,  John, 

Whitney,  Capt.  John, 

Whitney,  Jonathan, 

Whitney,  Capt.  Jonathan, 

Whitney,  Zechariah, 

Whiton,  Hannah,  . 

Whiten,  Jonathan, 

Whittemore,  Nathaniel -(of  Concord), 


Page 

27,  575 

162,  573,  591,  608  6w,  714 

.     534 

.     495 

.     751 

.     494 

.     620 

138,  156,  495 

.     210 

.     494 

459,  614,  654,  662,  742 

76.  652 

.     616 

.     751 

.     479 

561,  563,  630,  722,  728 

.     535 

.     546 

.     520 

.     546 

.     309 

.     134 

.     486 

.     751 

.     134 

.       81 

.     411 

.       564,  583 

.       534,  550 

628,  654,  742 

.     534 

.     212 

.     212 

.       82 


Whittemore,  Nathaniel  (of  Lincoln), 


Whitwell,  William, 
Whitworth,  Dr.  Miles, 
Wigglesworth,  Rev.  Dr. 
Wilder,  David, 
Wilder,  John, 
Wilder,  Jonathan, 
Wilder,  Joseph, 
Wilkins,  Ebenezer, 
Wilkins,  Elisabeth, 
Wilkins,  Henry,     . 
Wilkins,  Ruth, 
Wilkins,  Timothy, 
WiUard,  Abel, 
WiUard,  Benjamin, 
Willard,  Hannah,  . 
WiUard,  Jonathan, 
Willard,  Josiah, 


Edward, 


550,  560,  578, 

579 

.     398 

.       726,  772 

90,  271,  413,  674 

490,  491,  520 

.     534 

.     534 

118,  187,  373,  458 

.     216 

227 

.     227 

.     227 

.     486 

.     578 

.     515 

.     753 

576,  660,  768 

33,  40 


Willard,  Josiah  (Secretary  of  the  Province),  35,  89, 
90,  105,  106,  124,  223,  251,  262  bis,  355,  358, 
359  ter,  412  bis,  429,  446,  674,  675,  753 

Willard,  Nathan 377 


Willard,  Capt.  Nathan, 
Willard,  Samuel,    . 
Willard,  Col.  Samuel, 
Willard,  Simon, 
WiUard,  WiUiam,  . 

WiUiams,  Capt. , 

WiUiama,  Col. , 


.  497 
.  416 
.  440 
.     581 

741,  753 
.     296 

647,  655 
.     710 


Williams,  Abigail  (widow  of  John  Williams), 
WiUiams,  Abigail  (widow  of  Thomas  Williams, 

jr.) 161 

WiUiams,  Abraham,        .....     491 
WiUiams,  Col.  Abraham,  ....     665 


Page 
Williams,  Benjamin  (of  Easton),      .         .      710,  711 
Williams,  Benjamin  (of  Taunton),   .  .  .     758 

Williams,  Daniel,  ......     491 

Williams,  Ebenezer,        .....     710 

Williams,  Eleazer,  .....     374 

WiUiams,  Ehjah,      109,  209,  228,  249,  458,  462,  465, 

680,  691 
WiUiams,  Col.  Ephraim,  .  .        261,  493,  743 

WiUiams,  Maj.  Ephraim,  .  .  .  .35 

WiUiams,  Israel,      349,  350,  355,  450,  458,  475,  655, 

661,  713,  715,  722 
Willi 
Willi 
Willi 
WiU 
Willi 


Wilhams,  Capt.  Joseph,    28,  31,  33, 


ams.  Col.  Israel, 
ams,  Jeremiah, 
ams,  John  (of  Easton), 
ams,  John  (of  Groton), 
ams,  Jonathan, 


239,  567,  597,  601,  680 

237,  268,  269 

.       710,  711 

.     681 

.     603 

116,  139,  178,  246 

.     700 

.     736 

493,  504,  505,  543 

.     743 

.     161 

40,  681 

.      473,  708 

.       88 


Williams,  Samuel, 

Williams,  Simon,   . 

Williams,  Rev.  Stephen 

WiUiams,  Thomas, 

WiUiams,  Thomas,  jr., 

WiUiams,  William, 

William's  Garrison, 

Williston,  Hannah, 

WiUiston,  Noah, 88 

Wilson,  Joseph,      ......     258 

Winchel,  Lydia 722 

Winchester,  Elkanan,      .....     410 

Winchester,  Elkanan   (son    of   Elkanan    Win- 
chester),       ......     410 

Winchester,  William,      .....     480 

Winnegance  River,  .....       39 

Winship,  Ephraim,  .....     727 

Winslow,  Col. ,  .  .  26,  162,  184,  629 

Winslow,  Betty 482 

Winslow,  Edward,  37,  80,  95,  181,  190,  397,  609 

Winslow,  Isaac,      ......     261 

Winslow,  James,    ......       77 

Winslow,  John,       .  .  .  .  .  .110 

Winslow,  John  (of  Freetown),  .  .  .     482 

Winslow,  Maj.  Gen.  John,  233,  234,  258,  262,  281, 
283,  288,  333,  597,  603,  652,  667,  688,  690,  704, 
726,  733,  734,  768.  771 

Winslow,  John  Hayward, 

Winslow,  Joshua,  . 

Winthrop,  John,    . 

Winthrop,  Lucy,    . 

Winthrop,  Samuel, 

Wiscasset, 

Wiswall,  Capt.  Thomas, 

Witt, ,   . 

Witt,  Samuel, 

Wittum,  Moses, 

Woburn, 

Wohwohwoos,  William  (an  Indian) 

Wolcot,  Nathaniel, 

Wood,  Aaron, 

Wood,  Aaron  (of  Rowley), 

Wood,  Benjamin,  . 

Wood,  David, 

Wood,  Ephraim,  jr.. 

Wood,  Hannah, 

Wood,  Lemuel, 

Wood,  William, 

Woodberry  (see  Woodbury). 

Woodbridge,  John,  .....     141 

Woodbridge,  Timothy,   .  116,  132,  355,  746,  770 

Woodbury,  Benjamin,    .....     138 


.  535 
95,  181,  371,  488 
91,  272,  413,  674 
.  636 
.  636 
.   77 

.  120,  222 
.  433 

.   590,  728 

.  668,  669 
70,  303,  560,  578 

.  745,  746 
.  495 
.  502 
.  269 

.  520,  718 
.  583 
.  486 
.  534 
.  693 
.  739 


804 


Index  or  Names. 


Page 

.     742 

.     534 

.     547 

.     660 

260,  283,  511 

.  9,  172,  368 

.     737 

.     630 

.       102,  433 

54,  65,  66,  68,  77,  78, 


Woodcock,  Michael,        . 

Woodman,  Edward, 

Woods,  Ephraim,  . 

Woods,  Hannah,    .  . 

Woods,  Henry, 

Woodstock,  . 

Woodward,  James, 

Wooley,  Joseph,     . 

Worcester,     . 

Worcester  County,     9,  26,  48 

131,  138,  170,  171,  172,  173,  175,  180,  187,  193, 
200,  229,  246,  271,  279,  284  bis,  289,  290,  292, 
299,  315,  346,  368  bis,  373,  405,  406,  407,  421, 
442,  445,  458,  530  bis,  538,  562,  563,  578,  582, 
600  bis,  601,  603,  607,  613,  617,  635,  642  bis, 
643,  652  bis,  661,  667,  683,  697,  701,  705,  711, 
721,  723,  724,  744,  745 

Worthington,  John,  49,  94,  102,  111  bis,  123,  146  bis, 
157  bis,  158,  417,  418,  652,  654,  664,  665,  666, 
683,  741,  750 

Worthington,  Col.  John,      8,  26,  105,  107,  139,  223, 
355,  597,  655,  722,  748 

Wrentham,     70,  86,  135,  204,  219,  299,  392,  407,  550, 

772 

Wright,  James,      ......       78 


Wright,  John, 
Wright,  Capt.  John, 
Wright,  Nehemiah, 
Wright,  Obadiah,  . 
Wright,  Samuel,     . 
Wright,  Thomas,   . 
Wyman,  Isaac, 
Wyman,  Jasher,     . 
Wyman,  Simeon,   . 

Wynn,  Capt. , 

Wyth,  Ebenezer,  . 


Page 
.  737 
.  717 
.  686 
.  336 
.  741 
564,  628 
.  39 
.  99 
.  486 
.  371 
.  154 


Y. 

Yale  College  (Connecticut  College),  .  .       88 

York,   ....  141,  329,  489,  582,  668 

York  County,     9,  27,  44,  46,  77,  81,  85,  87,  99,  101, 

125,  141,  175,  188,  196,  199,  230,  236,  243,  277, 

280,  288,  319,  329,  369,  374,  390,  429,  459,  484, 

517,  540,  542,  561,  564,  614,  636,  637,  652,  654, 

662,  669,  727,  751 

Young,  Alexander,  ....      452,  453 

Young,  Nathan, 297 

Young,  Wilham 600 


GENERAL     INDEX 


[805] 


INDEX. 


A. 


ABATEMENT. 

of  Province  tax  in  Nantucket,         .  .  .  638 

of  taxes  in  Halifax,         .....  299 

of  taxes  in  Stoughton,   .....  299 

ABIGAIL,  the  brigantine. 
provisions  to  be  exported  on,  to  Bay  of  Hon- 
duras,       ......  439 

ABIGAIL,  the  schooner. 
Samuel  Blunt,  master: 
provisions  to  be  exported  on,  to  Bay  of  Hon- 
duras,       ......  554 

ABINGTON,  Town  of. 
taxes  in,  relative  to,       ....  .  227 

ACCOUNTS. 
billeting,  relative  to,     115,  249,  289,  291,  381,  435, 
444,  462,  488,  607,  640,  643,  720,  732,  742 
of  arms,  etc.,  for  the  late  Canada  expedition  to 

be  rendered,       .  .  .  .  .311 

of  Capt.  John  Ashley,  of  expenses  on  Indians  of 

the  Six  Nations  at  Stockbridge,  allowed,   118 
of  Agent  Bollan,  omission  in,  allowed,      .  .  254 

of  William  Bulfinch  for  storage  and  repairing 

sails,  allowed,     .....  387 

of  Samuel  Chaffin,  for  sickness  expenses,  al- 
lowed,       ......  452 

of  Commissary  General,  relative  to,      125,  126  (er, 
127  bis,  301,  302  bis 
of  Commissary  Thomas,  relative  to,  .     470,  746 

of  committee  on  Brookfield  affairs,  allowed,      .  2S8 
of  James  Davenport,  allowed,  .  .  .   724 

of  dinner  for  House  of  Representatives,  allowed,  360, 
of    divers    persons    for    the    entertainment    of 
soldiers    on   their   return   from   Crown 
Point  expedition,  allowed,     432,  491,  494, 
501,  562,  563 
of  Joseph  D  wight  of  disbursements  on  Mohawk 

Indians  it  Stockbridge,  allowed,  .  119 

of  Dr.  Eleazar  Harlow,  allowed,       .  .  .  288 

of  innkeepers  for  entertaining  French  prisoners, 

allowed,    ......  466 

of  the  Land  Bank,  relative  to,         .  .  .     28 

of  the  late  Province  Treasurer,  relative  to,    107,  111, 

114 
of  John  Love,  soldier  at  Fort  Halifax,  allowed,  646 
of  Province  Treasurer,  relative  to   .  .     407,  408 

of  provisions,  etc.,  on  vessels  clearing  the  ports 

of  this  Province,  to  be  rendered,  .  270 

of  James  Russell,  allowed,      ....  315 

of  selectmen  of  District  of  Danvers  for  support 

of  a  certain  family,  allowed,  .  .  566 

of    John    Sturtivant    for    nursing,    etc.,    ship- 
wrecked mariners,  allowed,  .  .     65 
of  supplies  for  sick  or  wounded  soldiers  to  be 

rendered  to  Commissary  General,  .  389 

of  Samuel  Thacher,  allowed,  ....  480 


ACCOUNTS  —  continued. 
of  Dr.  William  Thomas  for  medicine,  etc.,  al- 
lowed,       .  .  .  .  .  .30 

of  wages  due  carpenters  for  work  done  at  Fort 

William  Henry,  allowed,      .           .           .  454 
of  Col.  Ephraim  Williams  for  subsistence,  al- 
lowed  743 

of  John  Worthington  for  the  impressment  of 

ox  teams,  etc.,  allowed,        .          .          .  664 
officers  in   Lincoln  precinct  impowered  to  set- 
tle their, 173 

with   persons    who    received   enlisting   money, 

Pro^^nce  Treasurer  to  settle,         .  .  651 

ACTION. 
Joseph  Ahauton,  petition  of,  for  a  re-hearing 

of  an,         ......   145 

Thomas  Bryant  impowered  to  prosecute  an,    .  422 
Jonas  Clark,  petition  of,  for  a  re-hearing  of  an,   102 
of  David  EUinwood,  referees  on,  impowered  to 

report,       ......  653 

Thomas  Hubbard,  William  Baker  and  Alex- 
ander Young   to  be  defended  and  in- 
demnified at  charge  of  the  Province, 
in  certain  actions,        ....  452 

Andrew  McKenzie,  petition  of,  for  a  re-trial, 

granted 624 

of    trespass,    allowance    to    Josiah    Loomis    to 

carry  on,  .  .  .  .  .  .49 

proprietors  of  Littleton,  petition  of,  for  leave 

to  re-enter  an,    .....  421 

ACTON,  Town  of. 

French  Neutrals  to  be  transferred  to,        .  .  579 

ACTS. 
for  levying  soldiers,  etc.,  .  .  .        721  bis 

for  punishing  mutiny  and  desertion,  etc.,  to  be 

printed,     ......  389 

for   raising    money   by    lottery   for    repairing 

Boston  Neck 638 

providing  two  armed  vessels,  etc.,  construed,  .  640 
ADMIRALTY. 
register  of  court  of,   money  in  the  hands  of, 

relative  to,  ....  .  611 

AGENT,   PROVINCE. 
WiUiam  Bollan: 
account  of,  omission  in,  allowed,  .  .  254 

allowance  to,  for  extraordinary  expenses,      .  254 
allowance  to,  for  interest  upon  a  former  grant 

not  paid,  ......  254 

allowance  to,  for  services,    ....  255 

allowance  to,  to  solicit  the  affairs  of  the  Prov- 
ince, ......  255 

chosen,      .......  394 

instructions  to,  relative  to  his  address  to  the 

King 257 

late  actings  of,  confirmed,   ....  399 


[807] 


808 


Index. 


AGENT,  PROVINCE  —  continued. 
William  Bollan  —  continued. 
relative  to  papers  for,  .  .  .         32,  55 

remittance  to 53,  117,  122 

resignation  of,  accepted,       ....  359 

to  assist  Timothy  Walker  in  his  address  to  the 

King,         .  .  .  .  .  .95 

to  purchase  fire-arms  for  the  Province,  .  264 

John  Sharper 
chosen,      .......  346 

instructions  for,  committee  to  prepare,  .  359 

instructions  to,  committee  to  transmit,  .  364 

Secretary  to  notify,  of  his  election,        .  .  359 

ALBANY,  Town  of. 

allowance  to  Hezekiah  Gates  for  services  at,    .   750 

commissary  at,  to  stay  all  proceedings  in  regard 

to  sale  of  provisions,  ....  439 

commissioners  to,  to  wait  on  the  Earl  of  Lou- 
doun, relative  to,         .         605,  618,  620,  622 
committee  of  war  for  the  proposed  Crown  Point 

expedition,   to  reside  at,   relative  to,     450, 
451,  467,  470,  480,  504 
Congress  at: 

interpreter  at,  allowance  to,  .  .  .  267 

Joseph  Payne  in  jail  in: 
allowance  to,      .....  .  143 

relative  to  the  release  of,     .  .  .       87,  105 

AMMUNITION. 

for  Crown  Point  expedition,  relative  to,  .  .  366 

ANGUILLA. 
provisions  to  be  exported  to, ....  404 

ANTIGUA. 
provisions  to  be  exported  to, .  .  .  .621 

APPEAL. 
Israel  Averil,  petition  of,  to  prosecute  an,  .  690 

Sylvanus  Barrow,  petition  of,  for  leave  to  enter,     76 
Joshua  Brand  (Indian)  impowered  to  enter  an,  149 
Wrestling   Brewster,   jr.,   allowed   to,   from  a 

judgment,  .....  665 

John  Calef  impowered  to  enter  an,  .  .  213 

John  Dowse  impowered  to  prosecute  an,  237,  268 
Thomas  Fletcher  impowered  to  enter  an,  48,  185 
Stephen   Fowler,   jr.,   impowered   to  enter  an, 

from  a  sentence,  .  .  .     573,  575 

John  Gilmore  [jr.]  impowered  to  prosecute  an,  .  285 
Ebenezer    Hill    and    Thomas    Kingman    and 
others,   petition  of,  for  leave  to  enter 

an 29 

Moody  Russell  impowered  to  enter  an,     .     292,  357 
Rev.  Mr.  Walker  (England),  as  agent,  to  prose- 
cute an,  allowance   to   inhabitants   of 

Rumford  for, 250 

APPROPRIATIONS. 
for  Commissary  General's  disbursements: 
transfer  from,   to  appropriation  for  Crown 

Point  expedition,         ....  369 
transfer   from,    to   appropriation    for    debts 

where  there  is  no  establishment,  .  659 

for  fire-arms: 
balance  of,  transferred  to  appropriation  for 

forts  and  garrisons,     ....  659 
for  forts  and  garrisons: 
transfer  from,   to  appropriation   for   Crown 

Point  expedition,         .  .  .     369, 393 

transfer  from,  to  appropriation  for  payment 

of  members  of  the  General  Court,  .  305 

transfer  from,  to  appropriation  for  payment 

of  soldiers,  .....  305 

transfer  from,   to   the   appropriation   where 

there  is  no  establishment,    .  .  .  305 


501 
653 

624 


362 


.  659 


APPROPRIATIONS  —  continued. 

for  grants: 

certain  sum  to  be  added  to,  .  .  .     43 

one  month's  advance  wages   to  be  paid   to 

commissioned  officers  from,  .  .   770 

transfer  from,    to  appropriation  for   contin- 
gencies,     ......   131 

transfer  from,  to  appropriation  for  forts  and 

garrisons,  ....     659,  699 

transfer  from,  to  appropriation  for  payment 

of  members  of  the  General  Court,     131,  659 
transfer  from,  to  appropriation  where  there 

is  no  establishment,    .  .       131,  586,  620 

ARASAGUNTACOOK  INDIANS. 

and  other  Indians  east  of   Piscataqua  River, 

war  to  be  declared  against,  .  .  343 

ARMORERS. 

and  assistants  in  Crown  Point  expedition,  es- 
tablishment of  wages  of,      . 

at  Lake  George,  allowance  to,  .  .  . 

on  Western  frontiers,  to  be  dismissed, 
ARMS. 

allowance  to  town  of  Boston  for,  used  for  Crown 
Point  expedition,         .... 

appropriation  for  fire-arms: 
balance  of,  transferred  to  appropriation  for 
forts  and  garrisons, 

etc.,  delivered  for  the  late  Crown  Point  expedi- 
tion, relative  to  the  return  of,       .     652,  695 

etc.,  relative  to  the  purchase  of,     184,  189  his,  264, 

351 

etc.,  to  be  furnished  for  Truro,         .  .  .  532 

for  Castle  William,  relative  to,         .  .  .  184 

gun  allowed  Joseph  Munroe,  ....  350 

guns  and  clothing,  allowance  to  heirs  of  Jona- 
than Hidden  for,  ....  631 

guns    broken    at    Brunswick    Fort,    allowance 

for 317 

guns,  etc.,  to  be  provided  on  sloop  Massachu- 
setts, .  .  .  .  .  .  574 

guns  furnished  for  Crown    Point    expeditions, 
allowance  for: 
to  Jonathan  Ingell,     .....  575 
to  Jonathan  Meacham,         ....  713 

guns  lost  in  Crown  Point  expedition,  allowance 

for,  483,  497,  500,  501,  503,  519,  549,  646, 
698  his,  703,  706,  719,  720,  727  his,  736,  737 

guns  lost  in  Louisburg  expedition,  allowance 

for 24,  701 

guns  lost  in  public  service,      .  .  .     133,  644 

guns  or,  for  Crown  Point  expedition,  to  be  pro- 
vided,         358,  475 

guns  or,  impressed  for  Crown  Point  expedition, 

relative  to,  .  .  .       387, 465, 489 

old  guns,  etc.,  to  be  disposed  of,      .  .  .     97 

payment  of,  excise  on  tea,  etc.,  to  be  mortgaged 

as  partial  security  for,  .  .  .  189 

present    of    fire,   from   His   Majesty,    relative 

to, 619 

Province,  account  of,  to  be  taken,  .  .     677,  688 

Province,  persons  in  Hampshire  County  pos- 
sessing, to  be  prosecuted,     .  .  .  722 

Province,  persons  in  Worcester  County  possess- 
ing, to  be  prosecuted,  .  .  .  721 

Province,   persons    possessing,    to    be    prose- 
cuted  721 

returned,  no  stoppage  from  wages  of  certain 

soldiers  to  be  made  for,        .  .  .  692 

tents,  etc.,  for  forces  under  command  of  the 

Earl  of  Loudoun,  to  be  provided,  ■  700 


Index. 


809 


ABTILLEBY. 

and  other  warlike  stores  at  Number  Four,  rela- 
tive to,      .....  . 

at  Fort  William  Henry: 

wages  of  commander  of,  establishment  of, 

officers  of,  in  Crown  Point  expedition,  estab- 
lishment of  wages  of, 

two  companies  of,  to  be  raised  for  Crown  Point 
expedition,  relative  to,  .  .  . 

ASSESSORS. 

in  Boston,  action  of  trespass  against,  relative 
to 

in  Boxford,  First  parish,  confirmation  of  rate 
lists  of,      .....  . 

in  Brookfield: 

directions  to,      ...... 

petition  of,  relative  to  collection  of  taxes  on 
defective  warrants,      .  .  .  . 

in  Brookline,  impowered  to  issue  a  warrant  to 
constable  to  collect  taxes  unpaid, 

in  District  of  Carlisle  (now  part  of  Concord), 
late,  impowered  to  settle  all  accounts, 
etc.,  ...... 

in  District  of  Danvers,  South  precinct,  im- 
powered to  issue  new  warrants  to  the 
collectors,  .  .  .  .  . 

in  District  of  Pepperell,  directions  to, 

in  District  of  Shirley: 
directions  to,      .....  . 

impowered  to  assess  tax  upon  all  unimproved 
lands  in,    . 

in  Groton,  directions  to,  .  .  .  . 

in  Harwich,  South  precinct,  rates  of,  confirmed 
and  established,  .  .  .  . 

in  Holden,  to  apportion  the  tax,  appointment 
of 

in  Leicester,  relative  to  assessment  made  by,  . 

in  Lunenburg,  impowered  to  assess  a  tax  on 
non-residents,    .  .  .  .  . 


519 


.  315 


492 


251 


136 


384 


505 


626 


622 
206 


206 


411 
206 


333 


284 
115 


ASSESSORS  —  continued. 
in  Nantucket,  relative  to  the  assessment  of,  for 

their  Province  tax, 
in  Northampton,  directions  to, 
in  Quabin,  assessment  by,  to  be  held  good  and 

valid,  ..... 

in   Rutland   District,   impowered   to  assess  all 

land,  ..... 

in  Rutland,  Northwest  district,  impowered  to 

assess  inhabitants, 
in   Shrewsbury,   Second   precinct,   asse-ssments 

by,  to  be  held  good  and  valid, 
in  Southampton,  directions  to, 
in   Sturbridge,   impowered  to  assess  a  tax  on 

unimproved  lands, 
in  Taunton,  assessment  of,  confirmed, 
of  the  several  towns  and  districts  excused  from 

any  penalty  for  not  furnishing  lists  of 

valuation  of  estates,    .  .  .  . 

of  the  towns  and  districts  in  this  Province,  to 

send  lists  of  negro  slaves  to  the  Secre- 
tary, ...... 

ATTORNEY. 
Charles  Apthorp,  to  Agent  Bollan, 
Andrew  Belcher,  to  Gov.  Jonathan  Belcher, 
James  Otis  and  Oxenbridge  Thatcher  attorneys 

to  Matthew  Hastings, 
George  Pierce  of  Lincoln,  to  executrix  of  George 

Pierce  of  Weston,        .  .  .  . 

William  Read,  to  John  Bannister,  . 
Samuel  Swift,  to  Peter  Buckley, 
James  Wright,  to  Benjamin  Starr, 
ATTORNEY-GENERAL. 
to  the  King,  to  prosecute  William  Oliver  for 

forgery,     ...... 

Edmund  Trowbridge,  impowered  to  bring  suit 

for  recovery  of  money  due  the  Province, 
AWARD. 
petition  to  set  aside  an,  •  .  .  . 


638 
206 


69 


204 


633 
206 


50 
706 


619 


223 

43 
29 

51 

532 

18 
421 

78 


337 


378 


390 


B. 


BAGGAGE. 

transportation  of  officers',  relative  to, 
BARBADOES. 

corn  to  be  exported  to,  .  .  .  . 

BABNSTABLE    COUNTY. 

courts  in,  adjourned,      .  .  .         98,  230, 

farmers  of  excise  in: 
committee  to  choose,     27,  187,  243,  373,  459, 

647, 
David  Gorham,  appointment  of, 
Nathaniel  Little,  appointment  of,  .     312, 

Solomon  Otis,  appointment  of,     . 
justices   of   court   of  general  sessions   in,   im- 
powered to  grant  a  license, 
justices  of  superior  court  in,  impowered  to  hear 
an  appeal,  .  .  .  .  . 

treasurer  of,  account  allowed,  15,  178,  339, 

BABNSTABLE,  Town  of. 

Indians  East  of,  guardians  of,  appointment  of, 
BABBACKS. 
at  Castle  William: 
allowance  for  building,  .  .  .  . 

beds  to  be  furnished  for,      .  .  .  . 

blankets  to  be  furnished  for, 
to  be  painted  on  the  outside, 
wood  and  candles  for  the  forces  in,  to  be  sup- 
phed,         ...... 


770 

621 

446 

613, 

662 

79 

536 

457 

62 

357 

547 

110 


293 
663 
666 
586 

671 


BATTEBY. 

to  be  erected  near  harbor  of  Provincetown,      .  702 
BEACON   ISLAND. 
lighthouse  on: 
allowance  to  keeper  of,  for  services,  etc.,  85,  256, 

427,  664 
beacon  to  be  erected  near,  ....  293 
boat  at,  committee  to  repair,        .  .  .  190 

BEDFOBD,  Town  of. 

French  Neutrals  to  be  transferred  to,       .  .  579 

land  in,  belonging  to  person  non  compos,  rela- 
tive to  sale  of,    .  .  .  .  .  138 
BEDS. 

for  barracks  at  Castle  William,  to  be  furnished,  663 
BEEB. 
license  granted  to  Edward  Best,   Boston,   to 

sell 108 

BELLINGHAM,  Town  of. 
fine  remitted  to,    .  .  .  .  .  .  428 

French  Neutrals  to  be  transferred  to,       .     579,  606 
petition  of  certain  inhabitants  of  Wrentham, 

to  be  set  off  to,  .  .  .  .  407 

BEQUEST. 

of  the  late  Sir  Peter  Warren,  relative  to,  .  273 

BERKLEY,  Town  of. 
constables  impowered  to  collect  taxes  in,  .  173 

town-meeting  to  be  called  at,  .  .         7,  130 


810 


IliTDEX. 


BERWICK,  Town  of. 

North  precinct  in,  town-meeting  to  be  called  at,  152 
BEVERLY,  Town  of. 
tax  on  dogs  in,  to  be  omitted,  .  .  .  304 

taxes  in,  relative  to,       ....  .  219 

BILLETING. 
allowance  for,    115,  249,  289,  291,  381,  435,  444,  462, 
465,  488,  551,  607,  640,  643,  714,  716,  720, 
732,  742,  745 
for  an  Indian  boy,  to  be  provided,  .  .  138 

forces  under  the  Earl  of  Loudoun,  relative  to,  .  761 
officers  and  soldiers,  rate  of,  established,  .  734 

BILLS  OF  CREDIT. 
committee  for  burning  torn  and  defaced,  etc.,     21, 

146,  178,  218 
committee  to  take  account  of,  etc.,  in  Treas- 
urer's hand  and  to  burn  same: 
appointment  of,  .....     41 

report  of,  ......  127 

to  take  account  of  small,  in  former  treasur- 
ers' hands,  etc.,  .  .  .  .52 

of  the  neighboring  governments,  directions  to 

town  officers  to  take  oath  in  regard  to,  150 
Province  Treasurer  directed  to  exchange  Prov- 
ince, for  divers  persons,        .  .  .  766 
Province  Treasurer  directed  to  receive,  etc.,     .     50 
Province  Treasurer  to  receive  Province,  for 

outstanding  taxes,      .  .  .  .22 

ratio  of  old  tenor,  to  lawful  money,  .  .  354 

BLACKSMITH. 

Jacob  Loomis,  allowed  wages  as  armorer,  .  647 

BLANDFORD,  Town  of. 
forces  in,  to  be  withdrawn,     ....  239 

BLANKETS. 
etc.,  for  Crown  Point  expedition,  relative  to,     .  460 
for  barracks  at  Castle  William,  to  be  furnished,  666 
for  the  600  men  impressed  for  Crown  Point  ex- 
pedition, to  be  purchased,  .  .  .  691 
for  the  recruits,  to  be  furnished,      .          .  .  386 
BLOCKHOUSES  AND  TRUCK-HOUSES. 
at  Burton's: 

men  to  be  posted  at,  .  .  .       500,  545,  707 

at  Saco  River: 
Capt.  John  Lane  placed  as  a  supernumerary 

at 10 

men  to  be  posted  at,  .  .         344,  395,  473.  707 

repairs  at,  etc.,  relative  to,  ...     97 

at  St.  George's  River: 
interpreter  at,  allowance  to,  .  .  .  330 

men  to  be  posted  at,  .  .         344,  395,  473,  707 

repairs  at,  etc.,  relative  to,  ...     97 

to  be  erected  at  The  Square  in  West  township 

of  Hoosac,  .....  432 

BOATS. 

to  be  provided  on  Sebago  Pond,      .  .  .  541 

BONDS. 
in  hands  of  a  late  guardian  of  Puncapaug  In- 
dians to  be  delivered  to   the  present 
guardians,  .....  503 

of  Capt.  William  Flint,  relative  to,  .  .  682 

of  Samuel  Winthrop,  executor,  accepted  in  lieu 

of  an  inventory,  ....  636 

Province  Treasurer  to  deliver  up,  given  by: 
Stephen  Adams  and  Peter  Hay,  .  .    635 

Samuel  Whit«, 76 

taken  of  farmers  of  excise  for  duties  on   tea, 

etc.,  relative  to  date  of,       .   .       .  .  618 

BOSCAWEN,  the  schooner, 
provisions  to  be  exported  on,  to  the  English 

West  Indies,       ....     451,  554 


362 

387 

251 

160 
624 
579 
638 

569 
721 


297 


47 
141 


93 


BOSTON,  Town  of. 

allowance  to,  for  arms  used  in  Crown  Point 
expedition,  ..... 

allowance  to  selectmen  of,  for  transportation  of 
certain  persons  to  Europe,  , 

assessors  in,  action  of  trespass  against,  relative 
to, 

certain  land  on  Ann  Street,  to  be  conveyed 
to, 

distillers  in,  allowed  to  sell  spirituous  liquors,    . 

French  Neutrals  in,  to  be  removed, 

lottery  in,  construing  an  act  in  regard  to, 

powder-house  on  Common  in,  fence  to  be  built 
around,      ...... 

taxes  in,  Edward  Holiday  authorized  to  collect, 
BOSTON  TOWNSHIP  NUMBER  TWO   (Col- 
rain). 

common  lands  in,  partition  of,  .  .  . 

garrisons  at,  relative  to,  344,  395,  473,  624,  708 

inhabitants  of,  to  be  enlisted  in  the  service,      .  356 
BOUNDARY   LINES. 

between  Cambridge  and  Watertown,  estab- 
lished,       ......  154 

between  lands  of  Puncapaug  Indians  and  of  the 

English,  guardians  impowered  to  settle,  615 

between  land  of  Katherine  Sachemus  and  of 
Nehemiah  Washburn  in  Titticut,  rela- 
tive to,      .....  . 

between  Mendon  and  Uxbridge,  established,     . 

between  Narragansett  Town.ship  Number  One 
and  Narragansett  Township  Number 
Seven,  to  be  settled,  .... 

between  Province  of  Massachusetts  Bay  and 

Connecticut,  relative  to,       .  .        48,  52 

between  Province  of  Massachusetts  Bay,  Con- 
necticut and  Rhode  Island,  relative  to 
papers  on,  .  .  .  .  .32 

between  Province  of  Massachusetts  Bay  and 

New  Hampshire,  relative  to,         .       45,  184 

between  Province  of  Massachusetts  Bay  and 

New  York,  relative  to,     16,  45,  53,  57,  79, 
146,  157  his,  177 

between  Reading  and  Maiden,  established,        .  110 

between  Rochester  and  Dartmouth,  established,  148 

of  grant  of  land  formerly  made  to  town  of  Had- 
ley,  to  be  ascertained, 

of  land  confirmed: 
to  John  Dennis,  .... 

to  John  Franklyn,  Isaac  Winslow  and  Com 

pany,         ..... 
to  the  heirs  of  Capt.  Joseph  Bane, 

of  land  granted  for  a  grammar  school  in  Pem 
broke,  to  be  ascertained, 

of  New  Casco  in  Falmouth,  established, 

of  new  precinct  in  Gloucester,  relative  to, 

of  Province  Lands  near  Springfield,  stated, 
BOUNTY. 

allowed  for  Indian  prisoners  and  scalps,  relative 

to,     308,  343,  349,  356,  396,  472,  552,  598, 
616,  707 

for  enlisting  men  to  the  Eastward,  persons  re- 
ceiving, to  give  bond,  .  .  .  153 

for  men  enlisting: 
for  service  at  Fort  Dummer,  established,       .  377 
for  service  at  Massachusetts  Fort,  established,  349 
for  service  in  Crown  Point  expedition,  estab- 

Ushed 442,  509 

for  service  on  Western  frontiers,  established,  349 
to  be  paid  by  treasurer  to  the  colonels  or  chief 

commanding  oflBcers,  .  .  .  671 


665 

62 

261 
277 

20 
76 
94 
94 


Index. 


811 


BOUNTY  —  continued. 
for  soldiers  in  Crown  Point  expedition,  relative 

to,     300,  304,  365,  367,  513,  713,  751,  768 
for  soldiers  in  service  at  Nova  Scotia,  who  shall 
enlist   for   the   proposed   Crown    Point 
expedition,  .....  448 

on  indigo,  allowed,  .....   179 

Province  Treasurer  to  make  allowance  to  Col. 
Abraham  Williams  for,  paid  Marshall 
Newton,    ......  665 

to  bombardiers,  etc.,  in  Crown  Point  expedition, 

estabUshed,         .....  492 

BOXFORD,  Town  of. 

First  parish  in,  assessors  in,  confirmation  of  rate 

lists  of 136 

BRAINTREE,  Town  of. 
certain  inhabitants  of  Milton  and,  to  be  an- 
nexed to  Milton,  ....  152 

Germantown  in,  relative  to  lottery  for,    .  .  762 

BRIDGES. 
over  Medford  River,   relative  to  the  mainte- 
nance of,  .  .  .  .  .  .  155 

over  Titticut  River,  relative  to  lottery  for  rais- 
ing money  to  build,    ....  507 

BRIDGEWATER,  Town  of. 
taxes  in,  relative  to,       .....  227 

BRIGANTINE    ABIGAIL. 
pro\'isions  to  be  exported  on,  to  Bay  of  Hon- 
duras,       ......  439 

BRIGANTINE   DOLPHIN. 
Samuel  Gallop,  master: 
provisions  to  be  exported  on,  to  Jamaica  or 

Bay  of  Honduras,        ....  576 

BRIGANTINE    ELISABETH. 
provisions  to  be  exported  on,  to  Bay  of  Hon- 
duras,        ......  383 

BRIGANTINE   FRIENDSHIP. 

flour  to  be  exported  on,  to  Surinam,         .  .  384 

BRIGANTINE  MERMAID. 
John  Tozer,  master: 
provisions  to  be  exported  on,  to  Newfound- 
land, ......  437 

BRIGANTINE    MIDDLEBURGH. 
Richard  Humphrey,  master: 
provisions  to  be  exported  on,  to  Essequibo,    .  562 
BRIGANTINE    NEPTUNE. 
provisions  to  be  exported  on,  to  Bay  of  Hon- 
duras,       ......  383 

BRIGANTINE    ORDNANCE   PACKET. 
Duncan  Ingraham,  master: 
provisions  to  be  exported  on,  to  Surinam,        .  488 
BRIGANTINE    PEGGY. 
gun-powder  to  be  exported  on,  to  North  Caro- 

hna,  ......  398 

BRIGANTINE   PURSUE. 

pro\'isions  to  be  exported  on,  to  the  West  Indies,  498 
BRIGANTINE   REBECCA. 
John  Dorrington,  master: 
provisions  to  be  exported  on,  to  Jamaica  or 

Bay  of  Honduras,        ....  576 

MacCarty,  master: 

provisions  to  be  exported  on,  to  Bay  of  Hon- 
duras,       ......  405 


BRISTOL    COUNTY. 

courts  in,  adjourned,      .      36,  59,  231,  331,  365,  461 
excise  on  tea,  etc.,  in,  Thomas  Bowen  to  be  re- 
paid the  amount  he  paid  for,        .  .  689 
farmers  of  excise  in: 
committee  to  choose,       27,   188,  243,   373,  459, 

614,  662,  758 
Joseph  Joslyn,  appointment  of,    .  .  .  533 

Capt.  Joseph  Joslyn,  appointment  of,    .  .  310 

Capt.  George  Morey,  appointment  of,   .  .     75 

Samuel  '^Tiite,  Province  Treasurer  to  deliver 

up  bond  of,         .  .  .  .  .76 

judge  of  probate  for,  impowered  to  allow  more 
time     to     commissioners     to     examine 
claims  against  an  insolvent  estate,         .  641 
justices  of  court  of  general  sessions  in,  impow- 
ered to  grant  a  license,         .        134,  327,  669 
justices  of  court  of  general  sessions  in,  to  issue 
warrants  for  payment  of  George  Morey 
and  others,  .....   117 

sheriff  of,  allowance  to,  for  expense  of  removing 
a  criminal  from  jail  in,  to  jail  in  Middle- 
sex County,        .....  434 

treasurer  of: 
account  allowed,  .  .  .       224,  380,  602 

relative  to  choice  of,  .  .  .  .  .35 

BROADBAY    (Waldoborough,    Maine),    Town- 
ship of. 
inhabitants  of,  to  serve  as  soldiers,  .  .  707 

men  to  be  posted  at,      .  .  .  .     500,  545 

warlike  stores  to  be  sent  to,   .  .  .  .  289 

BROOKFIELD,  Town  of. 
certain  inhabitants  of,  with  their  estates,  to  be 
annexed   to   the  parish   in    District   of 
Spencer,    .  .  .  .  .  .42 

certain  inhabitants  of,  with  their  estates,  to  be 

annexed  to  Ware  River  Parish,    .     149,  419 
committee  on  affairs  of,  account  allowed,  .  288 

First  precinct  in: 

certain  inhabitants  of,  to  be  annexed  to  Third 

precinct,    .....     336, 415 

petition  of  agent  of,  relative  to  the  assessment 

for  salary  of  minister,  .  .  .  282 

French  Neutrals  to  be  transferred  to,       .     579,  760 
petitions  of  inhabitants  of,  report  of  committee 

on, 143 

relative  to  collection  of  taxes  on  defective  war- 
rants in,    .  .  .  .  .  .  384 

Second  parish  in,  petition  of  Francis  Dodge  and 

others  of,  in  regard  to  taxes,         .  .  565 

BROOKLINE,  Town  of. 
taxes  in,  warrant  for  collection  of  unpaid,  to  be 

issued,       ......  505 

BRUNSWICK,  Fort  at. 
Cornelius  Cavenaugh  to  be  sent  to,  as  a  super- 
numerary, .....  260 

gun  broken  at,  allowance  for,  .  .  .  317 

men  to  be  posted  at,      .  .         344,  395,  473,  707 

wages  due  Cornelius  Cavenaugh  allowed  select- 
men of  District  of  Danvers  for  support 
of  his  wife  and  children,       .  .  .  409 

BURTON'S   BLOCKHOUSE. 
men  to  be  posted  at,      .  .  .      500,  545,  707 


812 


Index. 


c. 


CAMBRroGE,  Town  of. 
certain  family  in,  with  estate,  to  be  set  off  from, 
certain  inhabitants  of  Watertown  annexed  to, 

relative  to  taxes  of,     . 
First  parish  in,  certain  inhabitants  of  Water- 
town,  with  their  estates,  annexed  to,    . 
French  Neutrals  to  be  transferred  to, 
CANADA. 
captives  in,  relative  to, .  .      22,38,67,271, 

pilot  to,  allowance  to,    . 
CANADA  EXPEDITION. 
allowance  to  Ebenezer  Davis  in,  for  billeting,  . 
arms,  etc.,  for  the  late,  accounts  of,  to  be  ren- 
dered,       ...... 

CANDLES. 
for  forces  in  barracks  at  Castle  William  to  be 
supplied,  ...... 

CANNONS, 
arms,  and  ammunition  to  be  furnished  Prov- 
incetown,  ..... 

at  Castle  William,  etc.,  allowance  for  expenses 
in  obtaining,       ..... 

at  Castle  William,  iron  wheels  to  be  provided 
for,  ....... 

for  defence  of  Provincetown  and  Truro,  . 
small  arms,  etc.,  to  be  furnished  for  Truro, 
CANOES. 
left  at  Sandwich  belonging  to  French  Neutrals, 
committee  to  sell,        .... 

CAPE   BRETON  EXPEDITION. 
account  of  storage  and  repairing  sails  of  Massa- 
chusetts Frigate  in,  allowed, 
allowance  for  guns  lost  in: 
to  Zechariah  Emery,  ..... 

to  Gideon  Henderson,  .... 

allowance  on  account  of  loss  of  time,  wounds, 
etc.,  while  in: 
to  Patrick  Burn,  ..... 

to  Samuel  Graves  father  of  Samuel  Graves,    . 
to  John  Hooker,  ..... 

to  Matthew  Hutchinson,      .... 

to  Robert  Miller,         ..... 

to  David  Poor,  ...... 

to  George  Watkins,     ..... 

allowance  to  John  Bradstreet  for  service  in, 
allowance  to  Samuel  Lowell  for  services  in, 
amount  stopped  out  of  wages  of  soldiers  in,  al- 
lowed: 
Joseph  Munroe  father  of  Amos  Munroe, 
papers  relative  to,  to  be  sent  to  Agent  BoUan,    . 
Sir  William  Pepperell,  late  general  in,  allowance 

to 

soldiers  in,  pension  to,    62,  140,  180,  201,  220, 
wages  due  soldiers  for  service  in,  allowed: 
Samuel  Cook,     ...... 

Gideon  Henderson  for  servant  Shadrach  Be- 
dorthy,      ...... 

John  Walker,     ...... 

CAPE   LANDS. 

in  Gloucester,  erected  into  a  precinct, 
CAPTIVES. 
allowance  to,         ....  .     236, 

allowance  to  Robert  Eams  for  son  taken, 
redemption  of,  relative  to,      .  .  22,  38, 

taken  at  Oswego  and  carried  to  Canada,  rela- 
tive to,      .  .  . 


330 

162 

154 
579 

668 
117 

745 

311 

671 

629 

53 

97 
702 
532 

700 

387 

24 
701 


201 
65 
214 
445 
180 
434 
194 
762 
239 


350 
32 

95 
339 

699 

701 
237 

94 

318 

67 

271 

668 


CARLISLE,  District  of. 
inhabitants  of,  with  their  estates,  to  be  annexed 

to  Town  of  Concord,  ....  599 
CARLISLE,  District  of  (part  of  Concord), 
late  assessors  of,  impowered  to  settle  all  ac- 
counts, etc.,        .....  626 
CASTLE    ISLAND. 
barracks  on,  beds  to  be  furnished  for,        .  .  663 

building  on,  allowance  to  John  Ruddock  for 

use  of 74,  361 

CASTLE   WILLIAM. 
barracks  at: 
allowance  for  building,         ....  293 
blankets  to  be  furnished,     ....  666 
to  be  painted  on  the  outside,         .  .  .  586 

wood  and  candles  for  the  forces  in,  to  be  sup- 

pUed 671 

John  Brock,  second  gunner  at,  allowance  to,     .  672 
cannon  at,  iron  wheels  to  be  provided  for,  .     97 

cannon,   etc.,  for,   allowance  to   the  Governor 

for  expenses  in  obtaining,    .  .  .53 

chaplain  at,  allowance  to,        .  92,  265,  414,  676 

fire-arms  for,  relative  to,  ....   184 

gunners  at,  establishment  of  wages  of,     .     541,  673 
lieutenant  at,  allowance  to,    .  92,  263,  414,  676 

Josiah  Mead  to  be  posted  at, .  .  .  .  268 

new  boat  at,  committee  in  regard  to,        .  .  204 

platforms  at,  committee  to  repair,  .  .  305 

repairs  at,  allowance  to  committee  on,     .  .  254 

shot,  etc.,  to  be  provided  for,  .  .  .  593 

sick   soldiers    returning    from    Albany    to    be 

landed  at, 609 

wood  and  beds  for,  relative  to,        .  .  .  659 

CATTLE. 

supplied  army  at  Lake  George,  allowance  for,  .  408 

CHAPLAIN. 

at  Castle  William,  allowance  to,    92,  265,  414,  676 

at  Fort  Massachusetts,  wages  of,  established,  .  531 

in  Crown  Point  expedition: 

allowance  to,  for  services,    ....  493 

appointment  of,  of  two  regiments,         .  .  504 

of  the  House  of  Representatives,  allowance  to,    91, 

263,  414,  676 
to  the  Council,  allowance  to,  91,  263,  414,  676 

to  the  forces  on  Eastern  frontiers,  allowance 

to 184 

CHARLEMONT,  Township  of. 
allowance  to  Aaron  Rice  of,  for  wages  and  bil- 
leting men,         .....  465 
Hawks'  garrison  at,  relative  to,    473,  624,  694,  708 
men  to  be  posted  at,      .  .      ■     .  .     344,  395 

Rice's  garrison  at,  relative  to,  .       441,  694,  740 

Taylor's  garrison  at,  relative  to,     473,  624,  694,  708 
CHARLESTOWN,  Town  of. 
certain  inhabitant  of,  with  his  estate,  annexed 

to  Medford 159 

certain  inhabitants   of,   annexed  to  Medford, 

relative  to  taxes  of,     .  .  .  .  161 

certain  lands  in,  with  the  inhabitants  thereon, 

annexed  to  Medford,  ....  155 
French  Neutrals  in,  to  be  removed,  .  .  606 

powder-house  at,  relative  to,  .  .     602,  610 

CHARLTON,  District  of. 
and  Gore  adjacent,  petition  of  inhabitants  of, 

to  be  erected  into  one  town  or  district,  516, 
544,  629 


Index. 


813 


CHELMSFORD,  Town  of. 
William  Blodget  and  others  of,  use  of  an  island 

in  Merrimac  River  granted  to,      .  .  625 

certain  inhabitants  of,  wdth  their  estates,  to  be 

annexed  to  Dunstable,          .           .           .  305 
CHELSEA,  Town  of. 
allowance  to,  for  expenses  occasioned  by  small- 
pox,   67 

constable  in,  further  time  allowed,   to   collect 

taxes,         ......   182 

CHURCHES. 
First,  in  Natick,  relative  to  the  union  of  the, 

and  the  Second,  .  .  .  .71 

in  Stockbridge,  Rev.  Jonathan  Edwards  pastor 

of,  allowance  to,  .  .  .  .  276 

in  Swansea,  lands  belonging  to,  certain  persons 

impowered  to  execute  deed  or  deeds  of,  331 
CLAIMS. 
by  Indians  to  land  west  of  Connecticut  River, 

relative  to,  ...  .     177,  354 

of  creditors,  relative  to,    24,  129,  137,  464,  508,  641, 

648 
CLOTHING. 
blankets,  etc.,  relative  to  the  purchase  of,    386,  591, 
596,  686,  688,  693,  747,  769 
for  an  Indian  boy,  to  be  provided,  .  .  138 

for  non-commissioned  officers  and  soldiers  at 
Fort  William  Henry  and  Fort  Edward, 

relative  to 448,  587 

left  at  Louisburg,  amount  of  debt  of,  to  be  used 

to  purchase  arms  and  powder,      .  .  364 

lost,  etc.,  in  Crown  Point  expedition,  allowance 

for 466,  483 

COAST. 
security  of,  committee  to  project  a  method  for, 

594,  608 
sloop  Massachusetts  to  be  fitted  out  as  a  guard 

for 574 

CODFISH. 

exportation  of,  to  Europe,  allowed,  .        .  .  271 

COEHORN    MORTARS. 

to  be  sent  to  Fort  Halifax,     .  .  .  .241 

COLD    SPRING,  Township  of. 
tax  to  be  assessed  upon  lands  of  non-residents 

in 681 

COLLECTORS    OF  EXCISE. 
on  liquors,  etc.,  in  County  of  Dukes  County: 

William  Little,  appointment  of,    .  .  .  587 

on  tea,  etc.,  in  Suffolk  County,  to  be  chosen,      .  763 
COLLECTORS    OF   TAXES. 
in  Boxford,  First  parish,  impowered  to  collect 

taxes  due  on  rate  lists,         .  .  .  136 

in  District  of  Danvers,  South  precinct,  proceed- 
ings of,  on  former  warrants,  confirmed,  622 
in  Groton,  to  finish  collecting  taxes,         .  .     10 

in  Holden,  John  Bigelow  impowered  to  collect,  284 
in  Maiden,  South  precinct,  to  be  chosen,  .     42 

in  Pelham,  impowered  to  collect  taxes,    .  .  192 

in  Quabin,  authorized  to  collect  taxes,     .  .     69 

in  Shrewsbury,  Second  precinct,  impowered  to 

collect  taxes,      .....  633 
in  Stow,  impowered  to  collect,         .  .  .  134 

in  Taunton  and  Middleborough  precinct,  im- 
powered to  collect  the  tax,  .  .  .  376 
Province  Treasurer  impowered  to  receive  Prov- 
ince bills  of  credit  from,  for  outstand- 
ing taxes,            .          .          .          .          .22 
COLLEGE,    HARVARD. 
President  of,  allowance  to,      .          90,  272,  443,  673 
professor  of  di\'inity of,  allowance  to,  90,  271,413,674 


COLLEGE,  HARVARD  —  continued. 
professor  of  Hebrew  at,  allowance  to,    92,  272,  413, 

674 
professor  of  mathematics  at,  allowance  to,    91,  272, 

413,  674 
COLRAIN,  Township  of. 
common  lands  in,  partition  of,         .  .  .  297 

garrisons  at,  relative  to,     344,  395,  473,  624,  708 
inhabitants  of,  to  serve  as  soldiers,  .  .  356 

COMMERCE. 
trade  and,  between  Province  of  Massachusetts 

Bay  and  Connecticut,  relative  to,  .     52 

COMMISSARIES. 
at  Albany: 
Moses  Emerson: 
allowance  to,  .  .  .  .  .     513,  715 

to  stay  all  proceedings  in  regard  to  sale  of 

provisions,  .....  439 

in  Crown  Point  expeditions: 
relative  to  wages  of,   .  .  .  .  .  478 

Thomas,  relative  to  accounts  of,  .     470,  746 

to  make  oath  in  regard  to  delivery  of  provi- 
sions charged  in  their  accounts,    .  .  517 
to  render  their  accounts,      ....  687 

in  the  late  Crown  Point  expedition  forbidden  to 

make  profits,      .....  687 

of  forces  under  command  of  the  Earl  of  Lou- 
doun, assistant,  allowed,      .  .  .  768 
of  forces  under  command  of  the  Earl  of  Loudoun 
to   charge  soldiers  with    clothing,   etc., 
supplied,  ......  769 

COMMISSARY   GENERAL. 
accounts  of  Indian  truck-trade  by,  relative  to,  126, 

127,  302 
accounts     rendered      by,     of     disbursements, 

allowed 125,  126,  301 

accounts  rendered  by,  of  provisions,  relative  to,  126, 

127,  302 
allowance  to,  for  services,    87,  91,  263,  445,  498,  675 
allowance  to,  for  purchasing  guns,  etc.,  and  for 

repairs  at  forts  and  garrisons,       .  .     97 

allowance    to,     for    transportation     of    Hugh 

McNeal  to  Ireland,      .  .  .  '.  367 

appointed  to  receive  the  King's  arms,  this  gov- 
ernment giving  security  for  the  same,  .  514 
directions  to: 
relative  to  delivering  out  provisions  for  vol- 
unteers,    ......  370 

relative  to  settling  accounts  with  Commissary 

Thomas, 470 

disbursements  of,  appropriation  for: 
transfer  from,   to   appropriation  for  Crown 

Point  expedition,         ....  369 

transfer    from,    to    appropriation    for    debts 

where  there  is  no  establishment,  .  659 

officers  and  others  in  Crown  Point  expedition  to 

account  to,  for  blankets,  etc.,  received,  460 
officers  to  render  accounts  of  arms,  etc.,  .  .  311 

to  apply  £300  as  a  present  to  the  Penobscot 

and  Norridgewock  Indians,  .  .   198 

to  deliver  gun  to  Joseph  Munroe,    .  .  .  350 

to   deliver  gun-powder   to  inhabitants   of   the 

Eastern  frontiers,         ....  316 

to  furnish  beds  for  barracks  at  Castle  Island,   .  663 
to  furnish  blankets  for  barracks  at  Castle  Wil- 
liam, ......  666 

to  inspect  muster-rolls,  .  .  .  .231 

to  provide  beds,  etc.,  for  Fort  Halifax,    .  .  244 

to  provide  boats  on  Sebago  Pond,  .  .  .  541 

to  provide  clothing,  etc.,  for  an  Indian  boy,     .  138 


814 


Index. 


COMMISSARY  GENERAL  —  continued. 
to  provide  snow-shoes  and  moccasins: 
for  garrison  at  Taconick,      ....  215 
for  men  serving  as  scouts,    ....  694 
to  provide  whale-boats  to  the  East,          .           .583 
to  send  provisions  for  the  companies  on  the 
Eastern,  Northern   and  Western    fron- 
tiers,   709 

to  send  stores: 
for  the  forces  on  the  Eastern  frontiers,           .  540 
to  Fort  Hahfax  and  other  garrisons,      .           .251 
COMMISSIONERS. 
of  impost: 
directions  to,  relative  to  exportation  of  cod- 
fish  271 

impowered  to  demand  an  account  of  provi- 
sions, etc.,  on  vessels,  clearing  from  the 
ports  of  this  Province,          .          .          .  270 
impowered  to  take  bond  for  exporting  pro- 
visions, etc.,     371,  375,  383  his,  384,  388, 
395,  404,  405,  427,  430,  431,  437,  439,  447, 
451,  482,  488,  498,  512,  518,  540,  554  bis, 
562,  576,  591,  592,  601,  621 
Daniel  Russell,  elected,        .          .          .     185,  361 
of  Land  Bank: 
committee  to  examine  accounts  of,  appoint- 
ment of 28 

of  stamp  duties: 
account  allowed,  .....  561 

allowance  to,      .....     513,  764 

allowance  to,  for  instruments,       .  .  .  315 

of  the  £50,000  loan: 

relative  to  land  mortgaged  to,      .  .  .  156 

of  the  £100,000  loan: 

relative  to  land  mortgaged  to,      .  .  .156 

on  Province  lands  in  western    part    of    Hamp- 
shire County: 
appointment  of,  .....  Ill 

authorized  as  to  the  disposition  of,        .  .158 

impowered  to  give  quit  claim  deeds,     .  .  106 

to  Albany: 
to  attend  interview  with  Indians  of  the  Six 
Nations: 
allowance  to,  .....  133 

appointment  of,       ....  .  146 

impowered  to  enter  into  articles  of  agree- 
ment, etc.,  .....  157 

report  of  committee  on  instructions  to,  157,  175 
resolve  for  sending, .....  133 

to  inquire  in  regard  to  lands  purchased  of 

Stockbridge  Indians,  .  .  .  .177 

to  forward  the  Crown  Point  expedition: 
allowance  to,  .  .  .  .  .  .  399 

appointment  of,       .  .  .       393, 394,  398 

leave  to,  to  return  home, ....  583 

relative  to  the  powers  of,  ...  400 

to  treat  with  commissioners  from  New  York, 
relative  to  boundary: 
appointment  of,       .  .  .  .       45,  146 

authorized  to  prepare  a  proper  account  and 

state  of  the  line  agreed  upon,       .  .  167 

report  of  committee  on  instructions  to,        .     53 
to  inquire  in  regard  to  Indian  claims  west- 
ward,        ......  177 

to  wait  on  the  Earl  of  Loudoun,  relative  to,  605, 

618,  620,  622 
to   examine  claims  against  insolvent  estates, 

relative  to,  .  .         129,  464,  508,  641 

to  meet  with  the  Eastern  Indians: 
expenses  of,  allowance  for,  .  .  .37 


COMMISSIONERS  —  continued. 
to  meet  with  the  Eastern  Indians  —  continued. 
to  be  appointed,  .  .  .  .  .36 

to  take  original  deeds  of  lands  in  the  eastern 

parts  of  this  Province,  .  .  .52 

COMMITTEE. 
impowered  to  erect  a  battery  near  Province- 
town  Harbor,  appointment  of,      .  .  702 
on  accounts  of  the  late  Province  Treasurer: 
appointment  of,            .....   107 
report  of,            .....     Ill,  114 
on  affairs  at  Payquage,  relative  to,           .  .  139 
on  binding  and  reprinting  laws,  appointment  of,   120 
on  boundary  between  Province  of  Massachu- 
setts Bay  and  New  York: 
report  of,  relative  to  papers  from  Governor 

of  New  York,     .          .          .          .          .16 
to  prepare  a  letter  to  Agent  BoUan,      .          .     79 
on  Brookfield,  relative  to,         .           .        143,  252,  288 
on  building  barracks  at  Castle  William,  allow- 
ance to 293 

on  complaint: 
of  Joseph  Mitchell,  report  of,        .  .  .  518 

of  Puncapaug  Indians,  report  of,  .       103,  120,  220 
on  complaints  of  Nantucket  Indians: 
appointment  of,  .....  357 

report  of,  ......     21 

on  defence  of  the  Province,  report  of,       .  .     96 

on  disposition  of  Parliamentary  grant,  report 

of 584 

on  farming  excise: 
appointment  of,    25  his,  26  gualer,  27  quaier,  28, 
186    ter,    187   quater,    188   qvafer,    242    his, 
243   quater,  244,  245  bis,  246  bis,   271,   372 
qvater,    373    quater,   374    ter,    457    his,    458 
quater,  459  quater,  460,   487,  612   ter,   613 
quaier,  614  quater,  652,  660,  661  qiuiter,  662 
quater,  663  bis 
in  County  of  Dukes  County,  allowance  to,        .  689 
report  of,    51,  54  bis,  75,  79,  84,  93,  101  bis,  114, 
229,  230  bis,  236,  289,  290,  293,  310,  312  bis, 
318,  319  bis,  330,  344,  398,  409,  429,  442, 
457,  509  his,  510,  530  bis,  533,  536  bis,  537, 
644,  561,  577,  627,  631,  637  bis,  639,  645, 
647,  667,  704,  705.  758,  761 
to  advertise  the  sale,  ....  249 

to  agree  upon  the  time,        ....  250 
to  give  notice  in  regard  to  commencement  of 

the  rates,  .  .  .  .28,  189 

on  fortifications  on  Eastern  frontiers: 
appointment  of,  .....  239 

report  of, 225 

on  fortifications  between  Connecticut  and  Mer- 
rimao  Rivers: 
appointment  of,  .....  228 

report  of, 226 

to  determine  in  regard  to  the  defence  of  Pay- 
quage,      ......  260 

on  fortifications  between  Fort  Massachusetts 

and  Hudson  River,  report  of,       .  .  225 

on  fortifications  west  of  Connecticut  River,  ap- 
pointment of,     .  .  .  .  .  228 

on  frauds,  to  examine  muster-roll  of  Capt.  John 

Wright 717 

on  Governor's  message  in  regard  to  Stockbridge 

Indians,  report  of,       .  .  .  .  238 

on  Governor's  speech  relative  to  the  Western 

expedition,  report  of, .  .  .  .  296 

on  Indian  affairs  at  Stockbridge: 
account  of  Capt.  John  Ashley,  allowed,  .  118 


Index. 


815 


COMMITTEE  —  continued. 
on  Indian  affairs  at  Stockbridge  —  continued 
account  of  Joseph  Dwight,  allowed, 
report  of,  ..... 

on  Indians  of  the  Six  Nations  engaged  in  Crown 

Point  expedition,  report  of, 
on  letter  from  Lady  Warren,  report  of,    . 
on  letter  to  Agent  Bollan,  relative  to, 
on  letters  frona  Capt.  William  Lithgo  and  from 

the  Penobscot  Indians,  report  of, 
on  letters  from  Governor  Shirley  and  Maj.  Gen 
Johnson,  report  of,      .  .  .     392 

on  loans,  appointment  of,       . 
on  manning  Province  vessels,  report  of,  . 
on  map  of  the  four  governments  of  New  Eng- 
land, report  of,  ... 
on   Natick  affairs,  relative  to   meeting-house 

etc.,  report  of,    . 
on  new  survey  of  10,000  acres  of  land,  report  of 
on  Niagara  expedition,  report  of,    . 
on  papers  for  Agent  Bollan,  appointment  of,    32,  55 
on  petition: 
of  assessors  in  Boston,  report  of, 
of  Thomas  Bryant  to  review  an  action,  report 

of 

of  certain  inhabitants  of  Chelmsford,  report 

of 

of  certain  inhabitants  of  Stoughton  to  be  an- 
nexed to  Wrentham,  report  of,     . 
of   certain   Mattakeeset   Indians    relative  to 

their  lands,         ....     419,  581 

of  Abraham  Davis  to  vacate  a  judgment,  re- 
port of,      .....  . 

of  Benjamin  Davis  relative  to  the  manufac- 
ture of  indigo,  report  of,      . 
of  First  parish  in  Cambridge,  report  of, 
of  First  parish  in  Middleborough: 
appointment  of,        ....  . 

report  of,         .....  . 

of  Stephen  Fowler,  jr.,  to  appeal  from  a  sen- 
tence: 
appointment  of,       ....  . 

report  of,         .....  . 

of  Samuel  Green  and  others,  report  of, 
of  George  Harrington  and  others  to  remain 
annexed  to  District  of  Spencer,  report 

of 

of  Holden  relative  to  taxes,  report  of,  . 

of  John  HoUonback  and  others,  in  regard  to 

persecutions,  appointment  of, 
of  inhabitants  of  Falltown,  report  of,    . 
of  Francois  Le  Blanc  to  be  removed  from  Point 

Shirley  to  town  of  York, 
of   Josiah  Loomis  and  Michael  HoUonback, 
relative  to  expenses  in  laying  out  land 
on  the  western  borders  of  this  Province,  104 
of  Medford,  report  of,  ....  155 

of  Belloni  Melancon,  report  of,      .  .  .  691 

of  Joseph  Mitchell  for  redress,  report  of,         .  518 
of  Ebenezer  Nichols  in  regard  to  a  bond  of 

Capt.  William  Flint,  report  of,      .  .  682 

of  Sarah  Payne  for  release  of  husband  from 

jail  in  Albany,  relative  to,  .  .       87,  105 

of  Stephen  Payne  of  Maiden  to  be  set  off  from 

the  South  to  the  North  parish,  report  of,  316 
of  selectmen  of   Dunstable,   relative  to   the 

meeting-house,  referred,  .  .  290 

of  John  Shute  and  others  of  Maiden,  report  of,  552 
of  Samuel  Stevens,  late  partner  in  Land  Bank, 

report  of,  .....  595 


119 
124 

338 
256 

257 

17 

396 
162 
709 


71 
3£2 
328 


251 


422 


305 


86 


56 


179 
154 


191 
341 


573 
575 
200 


345 

284 


139 

208 


582 


COMMITTEE  —  continued. 
on  petition  —  continued. 
of  Joshua  Winslow  relative  to  exporting  pro- 
visions to  Surinam,  report  of,       .  .  371 
on  Province  lands: 
in  Plymouth  County,  report  of,    .          .  .  166 
west  of  Connecticut  River,  report  of,    .  .  354 
West  of  SheflBeld  and  Stockbridge: 
appointment  of,  to  give  quit  claim  to  set- 
tlers,         ......  266 

relative  to  sale  of,    .  .  .  31  his,  317 

report  of,         .  .  .  28,  106, 313, 314 

on  reception  and  entertainment  of  the  Earl  of 

Loudoun,  report  of,    .  .  .  .  618 

on  redemption  of  captives  in  Canada,  report  of,  271 
on  repairs: 
at  Castle  William: 
to  cause  a  new  boat  to  be  built,  .  .  204 

to  erect  beacon  near  the  hghthouse,  .  .  293 

to  have  the  barracks  painted,   .  .  .  586 

to  repair  fortification  on  Governors  Island,  364, 

593 
to  repair  platforms,  ....  305 

at  Province  House,  to  make  a  covert -way  to 

the  street,  .....  191 

on  rights  to  land  in  Payquage,  report  of,    416,  683 
on  sale  of  an  island  in  Connecticut  River,  ap- 
pointment of,     . 
on  sale  of  Province  lands: 
between  Sunderland  and  Miller's  River 
appointment  of,       . 
deed  to  be  given  by,  relative  to, 
order  on  report  of ,  . 
near  Springfield,  appointment  of, 
near  Springfield,  report  of, 
report  of,  ... 

West  of  Northampton: 
appointment  of, 
report  of,  .  .  . 

on  settlement  of  Indians  of  the  Six  Nations  at 

Stockbridge,  relative  to, 
on  the  state  of  the  French  Neutrals  on  trans- 
ports in  Boston  Harbor, 
parish,  at  Quabin,  impowered  to  call  a  meet- 
ing,   

report  of,  relative  to  enlistment  of  volunteers 

on  the  Eastern  frontiers, 
report  of,  relative  to  interpreter  at  Fort  Rich- 
mond,       ...... 

report  of,  relative  to  men  enhsting  for  the  pro- 
posed Crown  Point  expedition 
report  of,  relative  to  provisions  and  ammuni 

tion  for  the  expedition, 
report  of,  relative  to  provisions  for  sick  soldiers,  397 
Report  of,  relative  to  soldiers  to  be  drafted  from 
regiments  in  Hampshire  and  Worcester 
counties,   ...... 

to   build   fence   around   powder-house   and   a 

watch-house  near  it,  appointment  of,    . 

to  bum  torn  and  defaced  bills  of  credit,  etc., 

directions  to,  relative  to  small  bills  of 

credit,       ...... 

to  burn  torn  and  defaced  bills  of  credit,  etc.,  in 
the  hands  of  the  late  treasurer: 
appointment  of,  ....       21,  105 

report  of,  .....     Ill,  146 

to  burn  torn  and  defaced  bills  of  credit,  etc.,  in 
the  hands  of  the  present  treasurer: 
appointment  of,  .  .  41,  178, 363, 545 

report  of,  ...        127,  218,  391,  568 


146 


116 
183 
151 
94 
543 
118 

102 
207 

30 
400 

25 
356 

82 


.  442 


366 


600 


569 


52 


816 


Index. 


438 


52 


668 
679 


.  542 


COMMITTEE  —  contimied. 
to  confer  with  commissioners  from  Connecticut 
relative  to  the  proposed  Crown  Point 
expedition,  report  of , . 
to    confer   with   committee   from   Connecticut 
relative    to    trade   and    commerce   be- 
tween  the   two  governments,   appoint- 
ment of,    . 
to  confer  with  Gov.  Lawrence  relative  to  the 
reimbursement  of  charges  for  support 
of  French  Neutrals: 
appointment  of,  ..... 

report  of,  ...... 

to  consider  the  augmentation  of  the  forces,  re- 
port of,      . 
to  consider  letter  of  Josiah  Beal  for  permission 

to  go  to  sea,  report  of,  .  .  .  346 

to  consider  proper  encouragement  for  volun- 
teers against  the  St.  Francois  Indians, 

report  of, 308 

to  dispose  of  French  Neutrals  from  Nova  Scotia: 
appointment  of,  ....     401,  423 

report  of,  ......  529 

to  make  report,  .....  425 

to  provide  for  their  support,  .  .  .  428 

to  dispose  of  French  Neutrals  in  Boston,  report 

of, 579 

to  examine  accounts  of  billeting  officers  and 
soldiers   returning   from   Crown    Point 
expedition,  appointment  of,  .     432,  562 

to  examine  accounts  of  commissioners  of  Land 

Bank,  appointment  of,  .  .  .     28 

to  examine  charges  for  support  of  French  Neu- 
trals: 
appointment  of,  ....     535,  542 

report  of,  ......  551 

to  examine  the  state  of  the  Forts  at  Hoosac, 

appointment  of,  ...     628,  769 

to  judge  of  the  security  of  the  bond  for  Province 

Treasurer,  appointment  of, .         30,  244,  404 
to  lay  out  new  township  west  of  Northampton, 
appointment  of,  .... 

to  lay  out  township  for  German  emigrants: 
appointment  of,  ..... 

to  admit  other  Germans,     .... 

to  prepare  a  letter  to  the  Earl  of  Loudoun,  etc., 

appointment  of, 
to  prepare  an  account  of  the  charges  for  the 
support  of  French   Neutrals,  appoint- 
ment of ,    . 

to  prepare  instructions  for  commissioners  on 
boundary  between  Province  of  Massa- 
chusetts Bay  and  New  York,  report  of, 

53,  157 
to  prepare  instructions  for  John  Sharpe,  agent:  ., 
appointment  of,  .....  359 

to  transmit  necessary  instructions  relative  to 
controversy  with  Connecticut  and  New 

York,  etc. 364 

to  prepare  a  plan  for  the  proposed  Crown  Point 

expedition,  report  of , .  .  .  .  440 

to  prevent  the  spreading  of  smallpox,  report  of,  306 
to  procure  suitable  persons  to  give  bond  for 

French  Neutrals,  appointment  of,  .  580 

to  project  a  method  for  the  security  of  the  sea- 
coast: 
appointment  of,  .....  594 

report  of,  ......  608 

to  provide  for  reception  of  Gov.  Shirley,  ap- 
pointment of,     .  .  .  ,  .33 


109 


19 


.  604 


737 


COMMITTEE  —  continued. 
to  purchase  fire-arms: 
appointment  of,  .....   189 

directed  to  purchase  part  in  London,    .  .   189 

impowered  to  make  contract  for,  .  .  351 

to  receive  money  in  the  hands  of  the  register  of 

the  court  of  admiralty,  appointment  of,  611 
to  receive  proposals  from  the  Earl  of  Loudoun, 
etc.: 
appointment  of,  .....  644 

relative  to  an  application  to  him  for  the  re- 
imbursement of  expenses  of  provisions,  657 
relative  to  preventing  provisions  and  warlike 

stores  being  carried  to  the  French,         .   657 
relative  to  the  proportion  of  the  4,000  men  to 

be  raised  by  this  Province,  .  .  656 

to  confer  with  him  relative  to  wood  and  beds 

for  Castle  William 659 

to  select  a  site  for  a  powder  magazine,  appoint- 
ment of, 469,  529 

to  sell  canoes  left  at  Sandwich,  appointment 

of 700 

to  take  bonds  of  the  managers  of  the  lottery  for 

Germantown,  appointment  of,      .  .  762 

to  transfer  money,  etc.,  in  the  treasury,  to  the 

new  treasurer,  appointment  of,    .  .     32 

to  view  Charlestown  powder-house: 
appointment  of,  .....  602 

report  of,  ......  610 

to  wait  upon  Gov.  Lawrence  of  Nova  Scotia, 

appointment  of,  ....  655 

to  wait  upon  the  Lieut.  Governor,  desiring  him 
to  give  orders  relative  to  recruits  for 
Crown   Point  expedition,   appointment 

of, 382 

to  wait  upon  the  Earl  of  Loudoun  on  his  arrival 
in  Boston: 
appointment  of,  .....  626 

to  ask  the  honor  of  his  company  to  dinner,      .  626 
to  write  to  Agent  Bollan  in  regard  to  the  dis- 
position of  His  Majesty's  present  of  fire- 
arms,        ......  619 

COMMITTEE    OF  WAR. 
for  Crown  Point  expeditions: 
allowance  to,  for  services,    ....  521 

allowance  to,  for  subsistence  of  men  drafted 

from  regiments  in  Worcester  County,    .  617 
certain  amount  to  be  laid  out  by,  for  sick  or 

wounded  soldiers,        ....  317 

certain  sum  to  be  applied  by,       .  .  .  573 

impowered  relative  to  providing  coats,  hats, 
etc.,  for  forces  under  the  Earl  of  Lou- 
doun,        .  .    686,    688,    693,    747,    769 
instructions  to,            .....  467 

quorum  of,  established,        ....   382 

to  appoint  couriers,    ....     393,  470 

to  appoint  persons  to  confer  with  persons  ap- 
pointed by  other  governments,  relative 
to  the  Western  expedition,  .  .  300 

to  furnish  agent  at  Albany  with  money  for 
defraying     proportion     of     incidental 
charges,     ......  363 

to  give  orders  relative  to  transportation  of 

baggage  of  Col.  Frye  and  his  officers,    .  770 
to  pay  John  Murray  for  cattle  supplied  army 

at  Lake  George,  ....  408 

to  provide  powder,  etc.,       .  .  .     348,  358 

to  provide  provisions,  etc.,  .  .      329,  443,  456 

to  provide  stores  for  field  oflBcers,  etc.,  .  328 

to  purchase  a  hoyot  and  a  royal,  .  .  385 


I:nt)ex. 


817 


COMMITTEE  OF  WAR  —  continued. 
for  Crown  Point  expeditions  —  continued. 
to  purchase  and  replace  powder  in  the  maga- 
zines, ......  361 

to  purchase  blankets,  etc.,  .  .      386,  591,  596 

to  reside  at  Albany,  relative  to  appointment 

of,    .  .  .  450,451,470,480,504 

in  Boston,  directions  to,  relative  to  boats,  guns, 

etc.,  for  Crown  Point  expedition,  .  475 

to  provide  provi5;ions  and  warlike  stores  for  the 

Western  expedition,  appointment  of,    .   296 
COMMON    LANDS. 
in  Natiek,  relative  to,    .  .  .  .  .  334 

COMPLAINTS. 
Abraham  Colburn  impowered  to  enter,     .  .  520 

Joseph  Green  and  Nicholas  Boylstone  impow- 
ered to  file,  .....  597 

Thomas  Hancock  allowed  to  file,     .  .  .  434 

of  Joseph  Mitchell  of  Marshfield,  report  of  com- 
mittee on,  .....  518 

of  Nantucket  Indians,  relative  to,  .  .21,  357 

of  Puncapaug  Indians  against  their  guardians, 

relative  to,  .  .         103,  106,  120,  220 

CONCOBD,  Town  of. 
inhabitants  of  District  of  Carlisle,  with  their 

estates,  to  be  annexed  to,    .  .  .  599 

taxes  in,  relative  to  collection  of,    .  .  .     56 

town    officers    to   be    chosen   for   the   part   of, 

formerly  known  as  District  of  Carlisle,  .  611 
CONGRESS. 

at  Albany,  interpreter  at,  allowance  to,    .  .  267 

CONNECTICUT,    COLONY   OF. 
application  to  be  made  to,  for  men  to  be  posted 

at  Stockbridge  and  Pontoosuck,   .  .  475 

boundary  between  Province  of  Massachusetts 

Bay  and,  relative  to,  ...     48 

boundary  between  Province  of  Massachusetts 
Bay,    and    Rhode    Island,    relative    to 
papers  on,  .  .  .  .  .32 

copies   of  report  of  committee  on   Governor's 
speech,  relative  to  the  Western  expedi- 
tion to  be  sent  to,        .  .  .  .  296 

relative  to  trade  and  commerce  between  Prov- 
ince of  Massachusetts  Bay  and,    .  .     52 
CONNECTICUT   RIVER. 
frontiers  between,  and  Merrimac  River,  relative 

to  fortifications  on,     .  .  .     226,  228 

land  west  of: 
commissioners  to  inquire  into  Indian  claims 

to 177 

report  of  committee  on,       ....  354 

men  to  scout  between,  and  Merrimac  River, 

relative  to,  .  .        344,  376, 473,  708 

relative  to  sale  of  an  island  in,         .  .  .  146 

west  of,   men  to  be   employed    to    range   the 

woods,       ......  694 

CONNECTICUT   SOLDIERS. 
billeting,  allowance  for,  .        289,  291,  381,  435 

retained    for    protection    of    Stockbridge    and 

neighboring  places,  pay  allowed  to,        .  248 
victualling,  on  their  return  from  Stockbridge, 

allowance  for,    .....  735 

CONSTABLES. 
in  Berkley,  impowered  to  collect  taxes,   .  .173 

in  Brookfield: 
impowered  to  collect  the  assessment,    .  .  281 

liability    of,   for   levying   taxes   on   defective 

warrants,  barred,         ....  384 

in  Brookline,   impowered  to  collect  taxes  un- 
paid, ......  505 


CONSTABLES  —  continued. 
in   Chelsea,    further   time   allowed,    to   collect 
taxes,         ...... 

in  District  of  Carlisle  (now  part  of  Concord), 
late,  impowered  to  collect  assessments 
made,         ...... 

in  Harwich: 
impowered  to  collect  assessment  made, 
to  be  chosen,      ...... 

in  Lancaster,  impowered  to  collect  taxes, 
in    Oxford,    proceedings   of,    ratified   and   con- 
firmed,      ...... 

in  Taunton,  impowered  to  collect  taxes, 
Province  Treasurer  impowered  to  receive  bills 
of  credit  from,  for  outstanding  taxes,   . 
CONTINGENCIES, 
transfer  from  appropriation  for  grants,  to  ap- 
propriation for,  .... 

CORN. 
exportation  of,  relative  to,      .  .  .  . 

CORONER. 
James  Davenport,  Boston,  account  allowed,     . 
Benjamin  Tucker,  allowance  to,       . 
COUNCIL. 

chaplain  to,  allowance  to, 
COUNTIES. 
Barnstable: 
courts  in,  adjourned, 
farmers  of  excise  in: 
committee  to  choose,     27, 


182 


626 

670 
235 
732 

485 
706 

22 


131 


724 
151 


91,  263,  414 


98,  230,  446 


187,  243,  373,  459, 

613,  647,  662 
David  Gorham,  appointment  of,  .  79 
Nathaniel  Little,  appointment  of,  .  312.  536 
Solomon  Otis,  appointment  of , .           .           .  457 

justices  of  court  of  general  sessions  in,  im- 
powered to  grant  a  license, .  .  .62 

justices    of    superior    court    in,    to    hear    an 

appeal,       ......  357 

treasurer  of,  account  allowed,        15,  178,  339,  547 
Bristol: 

courts  in,  adjourned,  .     36,  59,  231,  331,  365,  461 

excise  on  tea,  etc.,  in,  Thomas  Bowen  to  be 

repaid  the  amount  he  paid  for,     .  .   689 

farmers  of  excise  in: 
committee  to  choose,       27,  188,  243,  373,  459, 

614,  662,  758 
Joseph  Joslyn,  appointment  of,  .  .  533 
Capt.  Joseph  Joslyn,  appointment  of,  .  310 
Capt.  George  Morey,  appointment  of,  .  75 
Samuel  White,  Province  Treasurer  to  de- 
liver up  bond  of,          .           .           .           .76 

judge  of  Probate  for,  impowered  to  allow 
more  time  to  commissioners  to  examine 
claims  against  an  insolvent  estate,         .  641 

justices  of  court  of  general  se.ssions  in,  im- 
powered to  grant  a  license, .       134,  327,  669 

justices  of  court  of  general  sessions  in,  to 
issue  warrants  for  payment  of  George 
Morey  and  others,        .  .  .  .117 

sherifiF  of,  allowance  to,  for  expense  of  remov- 
ing a  criminal  from  jail  in,  to  jail  in 
Middlesex  County,      ....  434 

treasurer  of: 
account  allowed,      .  .  .       224,  380,  602 

relative  to  choice  of,  .  .  .  .35 

Dukes  County: 

collector  of  excise  in,  Nathaniel  Little  ap- 
pointed,    ......  587 

committees  to  farm  excise  in,  allowance  to,  .  689 

courts  in,  adjourned,  ....  362 


818 


Index. 


COUNTIES  —  continued. 
Dukes  County  —  continued. 
farmers  of  excise  in: 

committee  to  choose,     27,   188,  243,  374,  459, 

614,  663 
Nathaniel  Little,  appointment  of,       .  .  577 

sheriff  of,  to  give  public  notice  of  the  adjourn- 
ment of  the  courts  in,  .  .  .  362 
treasurer  of,  account  allowed,       .          .  .  558 
Essex: 
court  of  general  sessions  in,  clerk  of,  impow- 
ered  to  take  recognizance  of: 
Christopher  Bubier,           .          .          .          .481 

Sarah  Campbell, 383 

John  Foster,   ......  435 

courts  in,  adjourned,  .  .  ...  248 

farmers  of  excise  in: 
committee  to  choose,     25,  186,  242,  372,  457, 

612,  645,  661 
William  Coffin,  appointment  of,  .  .  319 

Peter  Frye,  appointment  of,       .  .  .  236 

Capt.  Peter  Frye,  appointment  of,      .  .  509 

Edward  Harrington,  appointment  of,  .  544 

John  Hunt,  appointment  of,      .  .  .   101 

jail  in  Salem  in,  Ezra  Harwood  discharged 

from,  ......     12 

judge  of  probate  for,  impowered  to  appoint 
administrator   on    estate   of   Ebenezer 

Kimball 726 

justices  of  court  of  general  sessions  in,  im- 
powered to  consider  anew  the  petition 
of  selectmen  of  Lynn,  relative  to  high- 
ways, ......  224 

justices  of  court  of  general  sessions  in,  im- 
powered to  grant  a  license,     38,  41,  60,  80, 
125,  129,  196,  201,  210,  242,  247,  257,  259, 
269,  282,  420,  426,  444,  462,  484,  485,  570, 
606,  620,  622,  653,  672,  678 
justices  of  court  of  general  sessions  in,  im- 
powered to  take   recognizances  of  inn- 
keepers, etc.,      .  .  .  .  .39 

justices  of  inferior  court  in,   impowered  to 

hear  and  try  case,       .  .  .81,  148 

justices  of  inferior  court  in,  impowered  to  re- 
ceive report  of  referees   on   action   of 
David  Ellinwood,         ....  653 

justices  of  superior  court  in,  impowered  to 

hear  and  try  case,        ....   138 

sherifiF  of: 
to  cause  French  Neutrals  in  Marblehead,  to 

be  conveyed  to  certain  towns,      .  .  606 
treasurer  of,  account  allowed,      41,  178,  331,  531 
Hampshire: 
billeting  Connecticut  soldiers  in,  account  al- 
lowed  381,  434 

certain  regiments  in,  men  drafted  from,  rela- 
tive to 597,  600 

courts  in,  adjourned,  .  .  .     198,  650 

deputy    sheriff    in,    allowance    to,    for    ser- 
vices,        ......  540 

division  of  lands  in  township  of  Pontoosuck 

in,  relative  to,    .  .  .  .     156,  179 

farmers  of  excise  in: 
committee  to  choose,  26,  187,  245,  372,  458,  613, 

639,  661 

Noah  Ashley,  appointment  of,  .  .  .     54 

Daniel  IngersoU,  appointment  of,       .  .  230 

EUsha  Pomroy,  appointment  of,         .  .  636 

forces  in,  relative  to,  .  .  .  .  ,  239 

grant  of  land  in,  to  Daniel  Grainger,     .  .  632 


COUNTIES  —  continued. 
Hampshire  —  continued. 
persons  in,  possessing  Province  arms  to  be 

prosecuted,         .....  722 

treasurer  of,  account  allowed,       .  .  .  190 

unappropriated  lands  in,  grant  of,  to  widow 

and  children  of  Capt.  Phineas  Stevens,  658 
Middlesex: 
court  of  general  sessions  in,  clerk  of,  directed 

to  return  fines  to  Jonathan  Sheple,        .  630 

courts  in,  adjourned,  .  .      233,  295,  588 

farmers  of  excise  in: 

committee  to  choose,     26,  186,  245,  372,  458, 

487,  612,  631,  661 

Elisha  Jones,  appointment  of,  .  .  .  312 

Ezekiel  Price,  appointment  of,  .  .  409 

Braddyal  Smith,  appointment  of,       .  .  509 

WilHam  Story,  appointment  of,     114,  312,  704 

jail  in,   relative  to  the  release  of  prisoners 

from,  ......  696 

judge  of   probate  for,   impowered   to  allow 
more  time  for  entering  claims  against 
an  estate,  .  .  .  .  .24 

judge  of  probate  for,  impowered  to  take  new 
security  for  fulfilling  the  will  of  Joseph 

Read 135 

justices  of  court  of  general  sessions  in,  im- 
powered to  grant  a  license,    57,  61,  69,  80, 
113,  131,  169,  170,  220,  223,  270,  275,  278, 
303  bis,  402,  449,  490,  560 
justices  of  superior  court  in,  impowered  to 

hear  and  try  cause,     ....  278 
sheriff  of: 
to  cause    French    Neutrals  in  Charlestown 

to  be  conveyed  to  certain  towns,  .  606 

to  transport  James  Morris  and  family  to 

Leicester  and  Spencer,  .  .  .  593 

treasurer  of,  account  allowed,         9,  181,  340,  553 
Nantucket: 
farmers  of  excise  in: 
committee  to  choose,     28,  188,  244,  374,  460, 
614,  637,  663,  761 
Thomas  Arthur,  appointment  of,        .     330,  537 
Obed  Hussey,  appointment  of,  .       51,  537 

Plymouth: 
courts  in,  adjourned,  .  60,  234,  310,  402,  446 

farmers  of  excise  in: 
committee  to  choose,     26,  187,  242,  373,  458, 

613,  627,  662 
Seth  Bryant,  appointment  of,   .  .  .  344 

Theophilus  Cotton,  appointment  of,  .  .     93 

Joseph  Joslyn,  appointment  of,  .  .  530 

Josiah  Keen,  appointment  of,    .  .  .  630 

justices  of  the  court  of  general  sessions  in, 

impowered  to  grant  a  license,  129,  232,  269, 
436,  486,  488,  495 
justices  of  superior  court  in,  impowered  to 

hear  and  try  cause,     ....  149 
Province  lands  in,  relative  to,       .  .  .  156 

treasurer  of,  account  allowed,       80,  190,  397,  609 
Suffolk: 
collector  of  excise  on  tea,  etc.,  in,  to  be  chosen,  763 
court  of  common  pleas  in,  adjourned,    .  .  176 

deputy  sherifi's  in,  allowance  to,  for  services,  161 
farmers  of  excise  in: 
committee  to  choose,     25,  186,  246,  372,  457, 

612,  660 
Samuel  Adams,  appointment  of,         .  .     84 

William  Coffin,  appointment  of,  .     510,  705 

Elisha  Jones,  appointment  of,  .  .     293,  318 


Index. 


819 


COUNTIES  —  continued. 
Suffolk  —  continued. 
farmers  of  excise  in  —  continued. 

William  Whitwell,  appointment  of,  .    398 

judge  of  probate  for,  allowed  to  accept  a  bond 
from  Samuel  Winthrop  in  lieu  of  an  in- 
ventory,   .  .  .  .  .  636 

judge  of  probate  for,  impowered   relative  to 

settlement  of  insolvent  estates,     .   12S,  464, 
508,  648 
judge  of  probate  for,  impowered  to  appoint 

guardians  to  certain  minors,  .  .  516 

judge  of  probate  for,  impowered  to  appoint 

persons  to  make  partition  of  an  estate,   633 
judge  of  probate  for,  impowered  to  order  the 

di\dsion  of  an  estate,  .  .  .   131 

judge  of  probate  for,  impowered  to  receive 

an  inventory  of  Temple  Nelson's  estate,     40 
justices  of  court   of   general   sessions  in,  im- 
powered to  direct  the  county  treasurer 
to   pay  James   Davenport  for  services 
as  coroner,  .....  724 

justices  of  court  of  general  sessions  in,  im- 
powered to  grant  a  license,    79,  96,  100,  108, 
114,  115,  132,  133,  135  bis,  199  bis,  202,  204, 
219,  232  bis,  247,   258,  275,  281,  392,  393, 
399,  623,  624,  643,  729,  733 
justices  of  court  of  general  sessions  in,  im- 
powered to  hear  and  try  action,  .  .  237 
justices  of  court  of  general  sessions  in,  im- 
powered to  hear  the  appeal  of  Stephen 
Fowler,  jr.,  from  a  sentence,  etc.,  .  575 
justices  of  court  of  general  sessions  in,  im- 
powered to  take  recognizance  of  peti- 
tion of  John  Graton  as  innkeeper,  .   197 
justices   of  inferior  court  in,   impowered  to 

hear  and  determine  cause,    18,  237,  268,  624 
justices  of  superior  court  in,   impowered  to 

hear  and  determine  cause,     185,  259,  434, 
520,  597 
sheriff  of: 
directed  to  discharge  Thomas  Gill,     .  .  253 

directed  to  remove  a  certain  French  Neu- 
tral family  to  Needham,      .  .  .  594 
French  Neutrals  from  Georgia  committed  to,  572 
impowered  to  impress  seamen  to  man  the 

snow,  Prince  of  Wales,  .  .  .  699 

treasurer  of,  account  allowed,     37,  181,  380,  575 
Joshua  Winslow  impowered  to  act  as  treas- 
urer of,      .  .  .  .  .  .95 

Worcester: 
certain  regiments  in,  men  drafted  from,  rela- 
tive to,      .  .  .  .      597,  600,  617 

farmers  of  excise  in: 
committee  to  choose,     26,  187,  246,  373,  458, 
613,  652,  661,  667 
committee  to  choose,  allowance  to,    .  .  229 

Maj.  John  Chandler,  appointment  of,  .  289 

Nathaniel  Green,  appointment  of,      .  .  290 

John  Hunt,  appointment  of,      .  .  .     54 

Col.  Moses  Marcy: 
appointment  of,    .  .  .  .  .  442 

remittance  to,        ....  .  643 

Ezra  Taylor,  appointment  of,    .  .  .  530 

judge  of  probate  for,   impowered   to   divide 

estate  of  Joseph  Sawyer,      .  .  .48 

justices  of  court  of  general  sessions  in,  im- 
powered to  grant  a  license, .  .     292,  407 
justices  of  superior  court  in,  impowered  rela- 
tive to  the  division  of  land,           .  .  724 


COUNTIES  —  continued. 
Worcester  —  continued. 
land  in,  called  the  Gore,  inhabitants  of,  an- 
nexed to  town  of  Sturbridge, 
persons  in,   possessing  Province  arms  to  be 
prosecuted,         ..... 
superior  court  in,  clerk  of,  authorized  to  issue 
an  execution,      ..... 


193 


721 


9,  172,  368,  530 


85 


treasurer  of,  account  allowed 
York: 
courts  in,  adjourned, 
farmers  of  excise  in: 
committee  to  choose,     27,  188,  243,  374,  459, 

614,  637,  662 
Foxwell  Curtis  Cutt,  appointment  of,  .  230 

Capt.   Ichabod  Goodwin,   appointment  of, 

319.  561 
Elisha  Jones,  appointment  of,   .  .  .   101 

Joseph  Simpson,  jr.,  appointment  of,  .  429 

justices  of  court  of  general  sessions  in,  im- 
powered to  grant  a  license,     46,  77.  81,  99, 

125,  199 
justices   of  inferior   court   in,   impowered   to 

hear  and  try  cause,     .  .  .     329,  668 

justices  of  superior  court  in,  impowered  to 

hear  and  try  cause,     .  .        87,  141,  287 

late  sheriff  of,  executions  against  estate  of, 

to  be  issued,       .....  159 
treasurer  of,  account  allowed,       .  9,  196,  369 

committees  on  farming  excise  in,  to  give  notice 
in    regard    to    commencement    of    the 

rates 28,  189 

justices  of  court  of  general  sessions  in  the 
several,  impowered  to  grant  licenses  to 
absent  innkeepers  and  retailers,    .  .  390 

COUNTY   TREASURERS. 
Barnstable,  accounts  allowed, 
Bristol : 
accounts  allowed, 
relative  to  choice  of,  . 


15,  178,  339,  547 


224,  380,  602 
.     35 


County  of  Dukes  County,  accounts  allowed,      .  558 
Essex,  accounts  allowed,  .  41,  178,  331,  531 

Hampshire,  accounts  allowed,  .  .  .   190 

Middlesex,  accounts  allowed,.  9,  181,  340,  553 

Plymouth,  accounts  allowed, .  80,  190,  397,  609 

Suffolk: 
accounts  allowed,        .  .  37,  181,  380,  575 

to  pay  account  of  James  Davenport,     .  .  724 

Joshua  Winslow  impowered  to  act  as,  .  .     95 

Worcester,  accounts  allowed, 
York,  accounts  allowed, 
COURIERS. 
to     be     employed     in     Crown     Point 
tion,  .... 

COURTS. 
in  Barnstable  County: 
adjournment  of,  .  .  . 

justices  of  court  of  general  sessions,  impow- 
ered to  grant  a  license,  .  .  .62 
justices  of  superior  court,  impowered  to  hear 

an  appeal,  .....  357 

in  Bristol  County: 
adjournment  of,  .     36,  59,  231,  331.  365.  461 

court  of  general  sessions,  to  sort  votes  for  « 

county  treasurer,         .  .  .  .35 

justices  of  court  of  general  sessions,  impowered 

to  grant  a  license,        .  .      134,  327,  669 

justices  of  court  of  general  sessions,  to  issue 
warrants  for  payment  of  George  Morey 
and  others,         .....  117 


9,  172,  368,  530 
9,  196,  369 


expedi- 
.     393,  470 


98,  230,  446 


820 


Index. 


COUKTS  —  continued. 
in  County  of  Dukes  County: 
adjournment  of,  .....    362 

in  Essex  County: 
adjournment  of,  ....     248,  331 

court  of  general  sessions,  clerk  of,  impowered 
to  take  recognizance  of: 
Christopher  Bubier,  ....  481 

Sarah  Campbell,       .....  383 

John  Foster,    ......  435 

justices    of    court    of    general    sessions,    im- 
powered to  consider  anew  the  petition  of 
selectmen  of  Lynn,  relative  to  highways,   224 
justices    of    court    of    general    sessions,    im- 
powered to  grant  a  license,     38,  41,  60,  80, 
125,  129,  196,  201,  210,  242,  247,  257,  259 
269,  282,  420,  426,  444,  462,  484,  485,  570, 
606,  620,  622,  653,  672,  678 
justices    of    court    of   general    sessions,    im- 
powered to  take  recognizances  of  inn- 
keepers, etc.,      .  .  .  .  .39 

justices  of  inferior  court  in,  impowered  to  hear 

and  try  cause,    .  .  .  .81,  148 

justices  of  inferior  court,  impowered  to  re- 
ceive  report   of   referees    on    action    of 

David  Ellinwood 653 

justices  of  superior  court,  impowered  to  hear 

and  try  cause,    .....   138 
in  Hampshire  County: 

adjournment  of,  ....     198,  650 

in  Middlesex  County: 
adjournment  of,  .  .  .      233,  295,  588 

court  of  general  sessions,  clerk  of,  directed  to 

return  fines  to  Jonathan  Sheple,  .  .  630 

justices  of  court  of  general  sessions,  im- 
powered to  grant  a  license,     57,  61,  69,  80, 

113,  131,  169,  170,  220,  223,  270,  275,  278, 
303  bis,  402,  449,  490,  560 

justices  of  superior  court,  impowered  to  hear 

and  try  cause,    .....  278 
in  Plymouth  County: 

adjournment  of,  .  60,  234,  310,  402,  446 

justices    of    court    of    general    sessions,    im- 
powered to  grant  a  license,     129,  232,  269, 
436,  485,  488,  495 

justices  of  superior  court,  impowered  to  hear 

and  try  cause.    .....  149 

in  Suffolk  County: 

adjournment  of  court  of  common  pleas,  .   176 

justices  of  court  of  general  sessions,  impow- 
ered to  direct  the  county  treasurer  to 
pay  James  Davenport  for  services  as 
coroner,     ......  724 

justices  of  court  of  general  sessions,  im- 
powered to  grant  a  license,    79,  96,  100,  108, 

114,  115,  132,  133,  135  bis,  199  bis,  202,  204, 
219,  232  bis,  247,  258,  275,  281,  392,  393, 
399,  623,  624,  643,  729,  733 

justices  of  court  of  general  sessions,  im- 
powered to  hear  and  try  action,  .  .   237 

justices  of  court  of  general  sessions,  im- 
powered to  hear  the  appeal  of  Stephen 
Fowler,  jr.,  from  a  sentence,  etc.,  .  575 

justices  of  court  of  general  sessions,  im- 
powered to  take  recognizance  of  peti- 
tion of  John  Graton  as  an  innkeeper,   .   197 

justices  of  inferior  court  in,  impowered  to  hear 

and  determine  cause,  18,  237,  268,  624 

justices  of  superior  court,  impowered  to  hear 

and  determine  cause,    185,  259,  434,  520,  597 


COURTS  —  continued. 
in  Worcester  County: 
justices    of    court    of   general    sessions,    im- 
powered to  grant  a  license,  .     292,  407 
justices  of  superior  court  impowered  relative 

to  the  division  of  land,         .  .  .  724 

superior,    clerk   of,    authorized    to   issue   an 

execution,  .....       7 

in  York  County: 
adjournment  of,  .  .  .  .  .85 

justices    of    court    of   general    sessions,    im- 
powered to  grant  a  license,     46,  77,  81,  69, 
125,  199 
justices  of  inferior  court,  impowered  to  hear 

and  try  cause,    ....     329,  668 

justices  of  superior  court,  impowered  to  hear 

and  try  cause,    .  .  .87,  141,  287 

in   the  several   counties,   justices   of   court  of 
general  sessions,  to    grant    licenses   to 
absent  innkeepers  and  retailers,   .  .  360 

justices  of  superior  court  of  judicature,  etc., 

allowance  to,      .  .  89,  262,  444,  673 

CREDITORS. 
of  estates: 
of  Thomas  Baxter,      .....  137 

of  Caleb  Blodget  of  Woburn,        .  .  .24 

of  Edward  Dumaresque,  jr.,  of  Boston,  .  508 

of  Ebenezer  Holmes,  .....  648 

of  Henry  Johnson  of  Boston,         .  .  .   129 

of  Nehemiah  King  of  Norton,       .  .  .  641 

of  Benjamin  Rankin,  ....  464 

CRIMES. 
forgery,         .......  337 

murder  of  an  inhabitant    on    Province    lands 
west     of     Sheffield    and    Stockbridge, 

relative  to 313 

CROWN  POINT. 
men  to  be  employed  to  explore  the  country  from 

Number  Four  to,         ....  474 
CROWN   POINT   EXPEDITIONS. 
account  of: 
Benjamin  Smith  in,  allowed,        .  .  .  579 

Samuel  Thacher  in,  allowed,  .  .  .  480 

Col.  Ephraim  Williams  in,  allowed,         .  .   743 

accounts  with  Commissary  Thomas  on,  relative 

to 470,  746 

additional  bounty  for  soldiers  in,  allowed,  .  304 

additional  men  to  be  enlisted  for,    .  .  .  300 

adjutant-general    and    quarter-master   general 

in,  establishment  of  wages  of,       .     503.  522 

advance  pay  to  soldiers  in,  allowed,  .  .  300 

allowance  for  articles  lost  in: 

to  Miriam  Ashley,        .....  553 

to  James  Endicot,       .....  483 

to  Moses  Kenard,        .....  466 

allowance  for  gun  lost  in: 

to  Benjamin  Burt,      .....  727 

to  Daniel  Epes,  jr 703 

to  Lydia  Gale,   ......  501 

to  Mary  Herrick,  .....  727 

to  Rachel  How, 619 

to  Jonathan  Ingell,     .....  575 
to  Zebadiah  Johnson,  ....  500 

to  David  Kitteridge 646 

to  John  Stockwell 706 

to  Benedict  Webber 503 

allowance  on  account  of  loss  of  time,  wounds, 
etc.,  while  in: 
to  Jason  Badcock,       .....  419 
to  Joseph  Barker,        .....  657 


Index. 


821 


CEOWN  POINT  EXPEDITIONS  —  continued. 
allowance  on  account  of  loss  of  time,  wounds, 
etc.,  while  in  —  continued. 
to  Jonathan  Barney,  administrator  of  James 

Hodges 438 

to  Jonathan  Bartlett  for  son,         .  .  .  666 

to  Hopestill  Bent,  .....  498 
to  Benjamin  Billing  for  sons,         .  .  .  .'i44 

to  James  Boutell,  e.xecutor  of  John  Boutell,  .  453 
to  Lemuel  Boyden,  .....  460 
to  John  Broclebank,  .....  615 
to  Abishai  Brown,  .....  450 
to  Charles  Casedy,  .....  448 
to  certain  soldiers,  .....  654 
to  Samuel  ChafEn,  .....  452 
to  John  Clap  for  son,  ....  472 

to  Gideon  Clark, 449 

to  Joel  Clark, 449 

to  Judah  Clark,  ....     436,  558 

to  Hannah  Colby  for  Timothy  Colby,    .  .  483 

to  Simon  Davis,  .....  585 

to  Moses  Deshon,        .....  740 

to  Joshua  Dickinson  for  sickness  expenses  of 

servant,     ......  450 

to  Jacob  Esty  for  son,  ....  455 

to  John  Goodwin,        .....  453 

to  Solomon  Goodwin,  ....  732 

to  Phineas  Hathway, .....  608 

to  Obadiah  Holt, 453 

to  Timothy  Hutchinson,  ....  453 
to  Josiah  Johnson,  .....  602 
to  Benjamin  Knap,  .....  607 
to  William  Mahon,  .....  584 
to  Dennis  Morris,  .....  481 
to  Daniel  Nichols  for  son,  ....  456 
to  Ebenezer  Pike,        .....  453 

to  Seth  Pitts 608 

to  Joshua  Read,  .....  461 

to  John  Rook,    .  .  .  .  .  .519 

to  Benjamin  Shute,     .....  461 

to  Nathan  Thompson,  ....  439 

to  Phineas  Tyler 446 

to  Isaac  Washburn,     .....  500 

to  Henry  Wesson,       .....  435 

to  William  Winchester,        ....  480 

allowance  per  month  to  captains  in,  .  .   670 

allowance  to  Ezra  Bullard  for  expenses  while 

in 773 

allowance  to  Timothy  Callahan  for  expenses 

while  in,    .  .  .  .  .  .  773 

allowance  to  Capt.  Thomas  Clap  for  billeting 

soldiers  in,  .  .  .  .  .  768 

allowance  to  Timothy  Clements  for  sur\'eying, 

etc.,  for,    ......  514 

allowance  to  Capt.  Nathaniel  Cook  and  com- 
pany in,  for  billeting,  .  .  .   732 
allowance  to  Capt.  John  Crane  for  money  ad- 
vanced for,         .....  729 

allowance  to  Edward  Curtis  for  service  in,        .  481 
allowance  to  Amasa  Delano  in,  for  forwarding 

the  troops,  .....  690 

allowance  to  divers  persons  for  expenses  while 

in,     654,  660,  678,  722  his,  728  his,  741  his, 
750  his,  767 
allowance  to  Thomas  Gilbert  for  provisions  for,  499 
allowance  to  Elisha  Keyes  for  expen.se  in  going 

after  a  sick  soldier  in,  ...  736 

allowance  to  Nathaniel  Low  for  services  in,      .  757 
allowance  to  Jonathan  Morton  for  suUsistence 

of  servant,  .....  471 


CROWN  POINT  EXPEDITIONS  —  continued. 
allowance    to    Capt.    Benjamin    Newhall    for 

money  advanced  for,  .  .  .  765 

allowance  to  John  Peacock  as  pioneer  in,  .  516 

allowance  to  Hannah  Thayer  for  sickness  ex- 
penses and  wages  due  her  husband  in,  .  754 
allowance  to  town  of  Boston  for  arms  used  for,  362 
allowance  to  Philip  Walker  for  services,  etc.,  in,   756 
allowance  to  Sarah  Walker  for  expenses  for  her 

husband,  a  soldier  in,  ...   770 

allowance  to  William  White  for  expenses,  also 

wages  due  his  son  in,  ...  751 

amount  stopped  out  of  wages  of  soldiers  in,  al- 
lowed: 

to  Nathaniel  Fitts, 736 

to  Samuel  Partridge,  ....  715 

to  David  Rowe,  .....  698 

to  Eunice  Thomas,      .....  719 

to  James  Woodward,  ....   737 

armorers  and  assistants  for,   estabhshment  of 

wages  of,  .  .  .  .  .  .  501 

arms,  etc.,  delivered  for  the  late,  relative  to  the 

return  of,  ....     652,  695 

artillery  in,  establishment  of  wages  of  officers 

of, 315 

Capt.  Edmund  Bemis  in,  allowed  to  rectify  a 

mistake  in  his  muster-roll,  .  .  .  718 

billeting  account: 

of  Samuel  Andrews  in,  allowed,    .  .  .  607 

of  Timothy  Colton  in,  allowed  to  his  father,  .  716 

boats,  lighters,  guards,  etc.,  for,  relative  to,      .  475 

bounty  for  soldiers  in,  furnishing  guns,  relative 

to, 513 

bounty  money  for  soldiers  in,  furnishing  guns, 
allowed: 
Samuel  Freeman  for  servant  Jonathan  Wil- 

lard 768 

James  Ward,      ......  768 

Joel  Bradford  in,  allowed  wages  as  sergeant,      .  479 
William  Bullock  in,  allowed  wages  as  lieutenant,  749 
Ensign  James  Carr  in,  muster-roll  of,  allowed,   749 
chaplain  in,  allowance  to,        .  .  .  .  493 

chaplain   of   two   regiments   in.    Rev.    Stephen 

William,  appointment  of,     .  .  .  504 

chief  commanding  officer  in: 
allowance  to,  for  services,     ....  704 

allowance  to,  for  table  expenses,  etc.,    .  .  605 

chief  officer  in  command  of  600  recruits  for,  es- 
tablishment of  wages  of,      .  .  .  592 
commissaries  in: 
forbidden  to  make  profits,  ....  687 

relative  to  the  wages  of,      .  .  .  .  478 

to  render  their  accounts,      ....  687 

to  make  oath  in  regard  to  delivery  of  provi- 
sions,        ......  517 

commissioners  to  Albany  to  wait  upon  the  Earl 

of  Loudoun,  relative  to,     605,  618,  620,  622 
commissioners  to  forward: 
allowance  to,      .....  .  399 

appointment  of,  ...     393,  394,  398 

leave  to,  to  return  home,     ....  583 

relative  to  the  powers  of,     .  .  .  .  400 

committee  of  war  for: 
allowance  to,  for  services,    ....  521 

allowance  to,  for  subsistence  of  men  drafted 

from  regiments  in  Worcester  County,    .  617 
certain  sum  to  be  appUed  by,       .  .  .  573 

instructions  to,  .....  467 

quorum  of,  established,        ....  382 

to  appoint  couriers,     ....     393,  470 


822 


Index. 


CROWN  POINT  EXPEDITIONS  —  continued. 
committee  of  war  for  —  continued. 
to  appoint  persons  to  confer  with  persons  ap- 
pointed by  other  governments,  relative 
to  the  Western  expedition,  .  .  300 

to  furnish  agent  at  Albany  with  money  for  de- 
fraying proportion  of  incidental  cliarges,  363 
to  furnish  blankets,  etc.,      .  .     386,  591,  696 

to  give  orders  relative  to  transportation  of 

baggage  of  Col.  Frye  and  his  officers,     .   770 
to  pay  John  Murray  for  cattle  supplied  army 

at  Lalce  George,  ....  408 

to  provide  powder,  etc.,       .  .  .     348,  358 

to  provide  provisions,  etc.,  .     329,  443,  456 

to  provide  stores  for  field  officers,  etc.,  .  .  328 

to  purchase  a  hoyot  and  a  royal,  .  .  385 

to  purchase  powder  and  replace  in  magazines,  361 
to  reside  at  Albany,  relative  to  appointment 

of,    :  .  .  450,  451,  470,  480,  504 

committee  to  confer  with  commissioners  from 

Connecticut,  report  of,  .  .  .  438 

committee  to  estimate  the  cost  of  the  present, 

etc., 604 

committee  to  prepare  a  plan  for,  report  of,        .  440 
committee  to  receive  proposals  from  the  Earl 
of  Loudoun,  etc.: 
appointment  of,  .....  644 

relative  to  an  application  to  him  for  the  re- 
imbursement of  expenses  of  provisions 

for 657 

relative  to  preventing  provisions  and  warlike 

stores  being  carried  to  the  French,         .  657 
relative  to  the  proportion  of  the  4,000  men  to 

be  raised  by  this  Province,  .  .   656 

to  confer  with  him  relative  to  wood  and  beds 

for  Castle  William,      ....  659 
committee  to  wait  on  the  Earl  of  Loudoun  on 
his  arrival  in  Boston: 
appointment  of,  .....  626 

to  ask  the  honor  of  his  company  to  dinner,  .  626 
John  Cook  in,  allowed  wages  as  surgeon's  mate,  511 
Robert  and  Stephen  Cook,  deserters  in,  arms  to 

be  demanded  of,  etc.,  .  .  .  764 

deductions  from  wages  of  soldiers  in,  for  not 

returning  bayonets,  etc.,      .  .  .  645 

enlisting  men  for,  relative  to,         317,  365,  456,  487 
enlistment  or  impressment  of  men  for,  relative 

to 382,  499 

John  Farrar  in,  billeting  account,  etc.,  of,  al- 
lowed his  administratrix,     .  .  .  742 
Jonathan    Fessenden    in,    allowed    wages    as 

lieutenant,  .....  763 

forces  for,  relative  to  augmentation  of,  329,  463,  542 
forces  under  command  of  the  Earl  of  Loudoun: 
assistant  commissary,  allowed,     .  .  .  768 

billeting  money  to  be  paid  to,       .  .  .   761 

chief  officer  of,  allowance  to,    for  table   ex- 
penses,     ......    756 

commissary  of,  to  be  furnished  with  clothing, 

etc.,  for  soldiers,  ....  769 

commissioned  officers  of,  one  month's  wages 

to  be  advanced  to,      ....  764 

committee  of  war  to  furnish  arms,  etc.,  for,  .  700 
committee  of  war  to  purchase  coats,  hats,  etc., 

for,  .  .  .         686,  688,  693,  747,  769 

establishment  of  wages  of,  .  .  .  .  669 

not  to  be  imprisoned  for  debt,      .  .  .  769 

officers  of,  establishment  of  wages  of,    .  .   755 

Col.  Richard  Gridley  to  be  appointed  colonel  of 

a  regiment  in,    .  .  .  .  .  386 


CROWN  POINT  EXPEDITIONS  —  continued. 
Col.  Richard  Gridley's  regiment  in,  wages  of  a 
second     heutenant-colonel     in,     estab- 
lished,       ......  515 

half-pay  of  soldiers  in,  allowed: 

Timothy  Bancroft 730 

Lawrence  Clark,  .....  718 

Joseph  Darling,  .....  718 

John  Jones,        ......  761 

Seth  Kingman,  .....  718 

Wilham  Pell, 719 

widow  of  Robert  Matthews,  .  .  .  739 

Jonathan  Hoar  in,  allowed  pay  as  captain,  .  479 
impressment  of  arms  for,  relative  to,  .  387,  465 
injunction  against  pubhshing  anything  relative 

to 381 

land  granted  to  Daniel  Grainger  in,  .  .  632 

Henry  Liddell,  secretary  to  Gen.  Winslow  in, 
granted  the  protection  of  this  govern- 
ment against  execution,  etc.,        .    652,  667 
Jacob  Loomis  in,  allowed  wages  as  armorer's 

mate,         ......  647 

Jonathan    Meacham    in,    allowed    bounty    for 

furnishing  two  guns,  ....  713 

Stephen  Merrill  in,   billeting  expenses  of,  al- 
lowed his  widow,         ....  714 

money  expended  by  Henry  Keyes  in,  to  be  paid 

to  the  executors,  ....  633 

muster-masters  for,  allowance  to,    .  .  .  460 

muster-roll  of  Capt.  John  Wright  in,  to  be  ex- 
amined,    ......  717 

muster-rolls  for  the  late,  relative  to  making  up,  440, 

448,  639 
muster-rolls  relative  to,  to  be  lodged  with  the 

clerk  of  the  House  for  inspection,  .  658 

officers  and  soldiers  in: 
establishment  of  wages  and  subsistence  for,  .  454 
relative  to  the  subsistence  of,       .  .  .  432 

to  be  exempt  from  poll  tax,  .  .    442,  762 

officers  in: 
commissioned,   one  month's  advance  wages 

to  be  allowed  each,     ....  770 

receiving  enlisting  money.  Province  Treasurer 

to  take  bond  of,  ...  .  462 

relative  to  wages  of,   .  .  .      311,  666,  667 

sundry  amounts  allowed  certain,  .  .  771 

to  account  for  blankets,  etc.,        .  .  .  460 

to  be  entitled  to  one  month's  advance  pay,  .  329 
Ebenezer   Parker  in,   allowed   wages   as   lieu- 
tenant,     ......  680 

proposals  from  the  Earl  of  Loudoun   to  the 
commissioners  relative  to  raising  4,000 
men,  vote  in  regard  to,        .  .  .  659 

recruits  for,  relative  to,  ...    367,  382 

relative  to  payment  of  muster-rolls  for,    .  .  445 

relative  to  payment  of  soldiers  in,  who  have 

returned  their  arms,   ....  692 

relative  to  payment  of  subsistence  money  to 

soldiers  in,  from  time  of  enlistment,       .  455 
relative  to  raising  the  Province  quota  of  4,000 

men  for,    ......  294 

Philip  Sargent  in,  allowed  wages  as  drummer,  .  511 
Six  Nations  serving  in,  relative  to  wages  of,      .  338 
soldiers  enlisting  in,  deficiency  in  bounty  for, 
allowed: 
to  Samuel  Cole,  .....  751 

to  John  Nason,  .....  751 

to  Jacob  Royall,  .....  751 

to  Abel  Whitney,        .....  751 

soldiers  enlisting  in,  relative  to,       .      385,  442,  509 


Index. 


823 


CKOWN  POINT  EXPEDITIONS  —  continued. 
soldiers  in  late,  enlisting  for  the  proposed  ex- 
pedition, relative  to  wages  of,       .  .  452 
soldiers  in,  pension  to,  .           .           .           .       557  bis 
soldiers  in  service  at  Nova  Scotia  re-enlisting 

for,  relative  to,  .  .  .  .  448 

soldiers  in,  who  served  at  Lake  George,  no  de- 
duction to  be  made  for  missing  arms, 
from  wages  of  deceased,       .  .  .  715 

soldiers  returning  from: 
allowance  to  divers  persons  for  entertain- 
ment of,  .  .  .  491,  494,  501,  563 
Eli  Prichard,  expenses  allowed,  .  .  .  772 
relative  to  support  of,  .  .  389,  397,  409 
James  Russell,  expenses  allowed,  .  .  736 
to  be  landed  at  Castle  William,  .  .  .  609 
subsistence  money  to  soldiers  returning  from: 

allowed  Rebecca  Davis  widow  of  Amos  Davis,  691 
allowed  John  Fairbanks  and  others,      .  .   637 

allowed    John    Goodwin    father    of    Kendall 

Goodwin,             .....   689 
allowed  Samuel  Hawley,  jr.,  for  Elijah  Haw- 
ley,  704 

allowed  Capt.  Ithamar  Hubbal,    .  .  .  586 

allowed  Nathan  Robins  father  of  John  Robins,  648 
due  Gideon  Moody,  allowed,  .  .  .  645 

relative  to  payment  of,         ...  .  585 

surgeon-general  in,  no  establishment  to  be  made 

for, 328 

surgeons  in: 
allowance  to,  for  services,    ....  515 
allowance  to   Solomon  Wheat  as   physician 

and, 692 


CBOWN  POINT  EXPEDITIONS  —  continued. 
surgeons  in  —  continued. 
chief.    Dr.    Charles    Pynchon,    appointment 

of 

to  be  accountable  for  instruments  and  medi- 
cines in  their  care,       .  .  .  . 
wages  of.  Province  Treasurer  directed  in  re- 
gard to  payment  of,    . 
Dr.  Miles  Whitworth,  relative  towages  of,  726 
transfer  of  a  certain  amount: 
from    appropriation    for    Commissary's    dis- 
bursements, etc.,  to  appropriation  for, 
from  appropriation  for  forts  and  garrisons,  to 
appropriation  for,        .           .           .     369, 
two   companies   of  artillery   to   be   raised  for, 
relative  to,          ....          . 
wages  due  deceased  soldiers  for  service  in,  to  be 
paid  without  letters  of  administration, 

478, 
wages  due  soldiers  for  service  in,  allowed,  409, 
494,  501,  512,  555,  571,  591,  655,  697, 
699,  700,  702,  703  his,  716,  719,  720  his, 
730,  731  ter,  733  his,  734,  743  his,  744, 
756,  757  his,  761,  765,  767,  771 
Capt.  Stephen  Webster,  certain  sum  advanced 
to,  for  use  of  his  company  as  carpenters 
in,     . 

Benjamin  Whitcomb  in,  to  pay  the  money  he 
took  from  Josiah  Dival,  into  the  Prov- 
ince treasury,     .  .       •    . 
CUSHNOC. 
store-house  at,  men  to  be  posted  at,    344,  395, 


521 
517 


469 
772 


369 
393 
492 


682 
472, 


726, 
752, 


490 


472, 
707 


D. 


DANVERS,  District  of. 

inhabitants  of,  allowed  to  catch  fish, 

selectmen  of: 
account  of,  for  support  of  family  of  Cornelius 
Cavenaugh,  allowed,   .... 
family  of  Cornelius  Cavenaugh  put  under  the 
care  of,      . 

South  precinct  in,  assessors  of,  to  issue  new  war- 
rants to  the  collectors, 
DARTMOUTH,  Town  of. 

boundary  between  Rochester  and,  estab- 
lished,       ...... 

Capt.  Crane  of  the  third  military  company  in, 
impowered  to  receive  amount  due  him, 
from  fines  for  non-appearance  of  the 
men,  ...... 

Indians  at,  guardians  of,  appointment  of, 
DEBTS. 

appropriation  for,  where  there  is  no  establish- 
ment, transfer  from  appropriation  for 
Commissary's  disbursements  to,  .  .  659 

due  to  the  Government,  relative  to,  .  .  122 

for  clothing  left  at  Louisburg,  relative  to,  .  364 

imprisonment  for,  ....    421,  696 

sale  of  land  to  pay,  allowed,  45,  55  his,  60,  61,  64, 
66,  74,  83,  116,  132,  137,  142  his,  148,  153, 
171,  195,  196,  198,  203,  208,  211,  212,  234, 
236,  283,  286,  298,  307,  311,  335  his,  337,  346, 
354,  369,  406  his,  415  his,  421,  463,  466,  482, 
484,  491,  506,  510,  555  his,  562,  563,  574,  582, 
588,  600,  605,  607,  610,  633,  642,  646,  649  his, 
655,  657,  679,  681,  695,  697,  701,  705,  712, 
713,  717,  740,  744,  747,  755 


502 


566 


409 


622 


148 


729 
110 


69 


215 
423 


723 


191 


DEBTS  —  continued. 

soldiers  under  command  of  Earl  of  Loudoun  not 
to  be  imprisoned  for, 
DEED. 

Mary  Burleigh,  a  minor,  impowered  to  execute, 

confirmation  of  the  validity  of  a,     . 

Anna  McAllister,  administratrix,  impowered  to 
deliver  up,  ..... 

of  estate,  executed  by  Zephaniah  Morton  and 
others,  confirmed,        .... 

of  partition,  confirmation  of,  ... 

of  release,  administratrix  of  John  Fox  impow- 
ered to  execute,  ....  332 

of  release  to  Ebenezer  Stedman,      .  .  .  567 

of  Indian  Lands  West  of  Sheffield,  relative  to,  576, 

583,  660 

original  deeds  of  lands  in  the  Eastern  parts  of 

this  Province,  relative  to,    .  .  .     52 

Nathaniel  Osgood  and  Eliphalet  Parker  im- 
powered to  receive  and  pass,  for  land  in 
Lancaster  New  Grant,  .  .  .12 

petition  of  Job  Ahauton  in  regard  to,       .  .  145 

power  to  execute,  granted,  11,  13,  20,  45,  47,  59,  63, 
64  his,  66,  68  his,  70,  71,  73,  74,  77,  78,  82, 
83  his,  85,  88  his,  98,  100,  108,  122,  128,  130, 
132,  136,  137,  138,  140,  142,  148,  151,  170, 
171,  172,  174,  175,  180,  182  bis,  185,  194  bis, 
197,  198,  202,  203,  208,  210,  211,  212,  215, 
217  bis.  224,  227,  234,  236,  273,  275,  277,  279, 
286,  291,  297  bis,  298,  303,  306,  307  bis,  311, 
331,  332,  335,  340,  346,  351,  353,  360,  368, 
375,  403,  406  his,  410,  411,  412,  415,  423,  427, 
430,  436,  463,  466,  482,  484,  491.  506,  510, 


824 


Index. 


DEED  —  continued. 
power  to  execute,  granted  —  continued. 

547,  548  bis,  549,  555,  662,  563,  569  bis,  570, 
572,  574,  577,  5S2,  5SS,  600,  601,  603,  605  bis, 
607,  610,  611,  616,  625,  633,  634,  635  bis,  641, 
642  bis,  646,  649  bis,  651,  655,  656,  657,  679, 
681,  695,  697,  700,  701,  705,  711  bis,  712  bis, 
717,  735,  740,  744,  745,  748,  773 
quit  claim,  of  Province  Lands  westward,  com- 
missioners impowered  to  give, 
DIGHTON,  Town  of. 

relative  to  calling  town-meetings  at, 
town-meeting  to  be  called  at,  ... 

DISTILLERS. 
granted  a  license  to  retail  spirituous  liquors: 
John  Gould,  Boston,   ..... 
Benjamin  &  John  Waldo,  Boston, 
DISTRICTS. 
assessors  in,  of  this  Province,  to  send  lists  of 

negro  slaves  to  the  Secretary, 
Carlisle: 
inhabitants  of,  with  their  estates,  to  be  an- 
nexed to  Town  of  Concord, 
Carlisle  (now  part  of  Concord): 
late  assessors  of,  impowered  to  settle  all  ac- 
counts, etc.,        ..... 
Charlton: 
and  Gore  adjacent,  petition  of  inhabitants  of, 

to  be  erected  into  one  town  or  district,  516, 

544,  629 
Dan  vers: 
inhabitants  of,  allowed  to  catch  fish,     .  .  502 

selectmen  of: 
account  of,  for  support  of  family  of  Cor- 
nelius Cavenaugh,  allowed, .  .  .  566 
family  of  Cornelius  Cavenaugh  put   under 

the  care  of,  ....  .  409 

South  precinct  in,  assessors  of,  to  issue  new 
warrants  to  the  collectors,  . 
Greenfield: 
allowance  to  inhabitants  of,  to  build  fortifi 

cations,      ..... 
forces  in,  to  be  withdrawn,  . 
men  posted  at,  to  be  dismissed,    . 


106 

70 
46 


729 
624 


223 


599 


626 


622 


691 
239 
624 


men  to  be  posted  at. 


344,  473,  708 


new,  to  be  provided  with  Province  Laws,  .     23 

New  Braintree: 

gore  of  land  between  Braintree  Farms  and 

Brookfield  to  be  included  in,         .  .  340 

New  Castle: 

to  be  provided  with  Province  Laws,      .  .     32 

North    parish    in    Sunderland    to    be    erected 

into,  .  .  .  .  .  .75 

Northwest,  in  Rutland: 

assessors  of,  impowered  to  assess  inhabitants,     96 
Pepperell: 

assessment  of  taxes  in,  relative  to,         .  .  206 

petition   for   lands    to   be    purchased    west    of 

Sheffield  to  be  erected  into,  referred,     .  576 
Rutland: 

tax  to  be  assessed  on  all  lands  in,  .  .  204 

Shirley: 

assessment  of  taxes  in,  relative  to,         .     206,  411 
Southampton: 

assessment  of  taxes  in,  relative  to,         .  .  206 


DISTRICTS  —  continued. 
Spencer: 
George    Harrington    and    others    to    remain 
annexed  to,         ....  . 

parish  in,  certain  inhabitants  of  Brookfield, 
with  their  estates,  to  be  annexed  to, 
taxes  in, apportionment  of,  by  the  new  valuation, 
towns    and,    assessors    of,    excused    from    any 
penalty  for  not  furnishing  lists  of  valua- 
tion of  estates,  .  .  .  .  . 
DOLPHIN,  the  brigantine. 
Samuel  Gallop,  master: 
provisions  to  be  exported  on,  to  Jamaica  or 
Bay  of  Honduras,        .... 
provisions  to  be  exported  on,  to  Surinam, 
DOORKEEPER, 
to  the  Governor  and  General  Court: 
allowance  to,      .          .          .          92,  264,  414, 
DORCHESTER    CANADA,  Township  of. 
certain    inhabitants    of,    petition    of,    to    have 
judgments  set  aside,   . 
DOWER,  RIGHT   OF. 

to  Margaret  Ashley,  widow  of  Phineas  Ashley, 
to  widow  of  Andrew  Harper,  .... 
to  widow  of  Capt.  John  Read,  .  .    506, 

to  widow  of  James  Scammon, 
DRACUT,  Town  of. 

certain  inhabitants  of,   with  their  estates,  set 
off  from,  and  annexed  to  Dunstable,     . 
French  Neutrals  to  be  transferred  to, 
DUDLEY  INDIANS. 

guardians  of,  appointment  of,  .  .  . 

DUDLEY,  Town  of. 

French  Neutrals  to  be  transferred  to,       .     606, 
DUKES   COUNTY,  COUNTY   OP. 

collector  of  excise  on  liquors,  etc.,  in,  Nathaniel 
Little  appointed,         .... 
committees  to  farm  excise  in,  allowance  to, 
courts  in,  adjourned,      .  .  .  .  . 

farmers  of  excise  in: 

committee  to  choose,     27,  188,  243,  374,  459, 

Nathaniel  Little,  appointment  of, 

sheriff  of,  to  give  public  notice  of  the  adjourn- 
ment of  the  courts  in,  .  .  . 

treasurer  of,  account  allowed, 
DUMMER,  FORT. 

Nathan  Willard,  commander  of: 
petition   of,   for  garrison   to   be   re-inforced, 
granted,    ...... 

men  to  be  posted  at,      .  .  .      344,  395, 

DUNSTABLE,  Town  of. 

certain  inhabitants  of  Chelmsford,   with  their 
estates,  to  be  annexed  to,    . 

certain  inhabitants  of  Dracut,  with   their  es- 
tates, annexed  to,        . 

certain     inhabitants    of,     with     their    estates, 
erected  into  a  precinct, 

certain  inhabitants  of  Groton,  with  their  estates, 
annexed  to,        ....  . 

French  Neutrals  to  be  transferred  to, 

ministerial  affairs  in,  relative  to,     . 

part  of  Nottingham  annexed  to. 

taxes  in,  relative  to, 

town-meeting  to  be  called  at. 


345 


42 
496 


619 


576 

388 


.  374 

43 
744 
710 
236 


301 
606 


110 

754 


587 
689 
362 

614, 
663 

577 

362 

558 


377 
497 


.  305 


301 


350 


579 


10 
606 
205 
184 
565 
290 


Index. 


825 


E. 


EAGLE,  the  sloop. 
John  Doble,  master: 
provisions  to  be  exported  on,  to  Newfound- 
land, ......   4S2 

EASTERN   FRONTIERS. 

allowance  on  account  of  loss  of  time,  wounds, 
etc.,  while  in  service  on: 
to  Robert  Due,  .....  441 

allowance  to  Governor  for  services  on,     .  .  241 

chaplain  for,  allowance  to,      .  .  .  .  184 

enlistment  of  volunteers  on,  relative  to,  .  .  356 

establishment  of  forces  on,  relative  to,     343,  347, 

395,  472,  475,  694,  707 

forces  on: 

commander  for,  to  be  appointed,  .  .  S40 

part  of,  to  be  dismissed,       ....  616 

fortifications  on,  relative  to,  .  .  .     225,  229 

inhabitants  of.  Commissary  General  to  deliver 

gun-powder  to,  ....  316 

new    township    on,    further    time    allowed    for 

settlement  of,     .  .  .  .  .  210 

relative  to  enlisting  men  for,  .  144,  153  bis,  174 

soldiers  on,  going  to  meeting,  to  be  armed,        .  388 
wages    due    Joseph    Metcalf    for    services    on, 

allowed,    ......  160 

EASTERN  INDIANS. 
commissioners  to  treat  with: 
allowance  for  expenses  of,   .  .  .  .37 

guard  to  be  provided  for,     .  .  .  .53 

to  take  original  deeds  of  lands  in  the  Eastern 

parts  of  this  Province,  .  .  .52 

presents  for,  to  be  purchased,  .  .  .36 

EDUCATION. 
at  Yale  College: 

sale  of  land  of  a  minor,  to  defray  charges  of,     88 
for  an  Indian  boy,  relative  to,  .  .  .   138 

EDWARD,  FORT. 
allowance     to     Samuel     Lowell     and     William 

Merritt  at 589 

non-commissioned     officers     and     soldiers     at, 

relative  to  clothing  for,         .           .     448,  5S7 
soldiers  in  service  at,  relative  to  the  enlistment 
of,  for  the  proposed  Crown  Point  expedi- 
tion,   456 

ELISABETH,  the  brigantine. 
pro\'isions  to  be  exported  on,  to  Bay  of  Hon- 
duras,          383 

EMBARGO. 

on  vessels,  relative  to,    .  .  274  bis,  362,  381 

EMIGRANTS,  GERMAN. 

in  township  at  Fort  Ma.ssachusetts,  relative  to,    8,  19 
ENGLISH   WEST   INDIES. 

provisions  to  be  exported  to,  .      431,  451,  654 

ENLISTMENT. 
of  inhabitants  of  New  Gloucester  to  ser\'e  as 

scouts, 542,  564 

of  men  for  Crown  Point  expedition,  relative  to,   300, 
365,  367,  385,  475,  487,  499,  603 
of  men  for  Niagara  expedition,        .  .  .  349 

of  men  going  eastward,  relative  to,   144,  153  bis,  174 
of  men   to   range  the  hunting  ground  of   the 
Indians  between  the  Eastern  frontiers 
and  Canada,       .....   616 
of  men  to  serve: 
as  scouts  between  Connecticut  and  Merrimac 

Rivers,  relative  to,      .  .       344,  376,  708 


ENLISTMENT  —  continued. 
of  men  to  serve  —  continued. 
as  scouts  up  West  River  and  Black  River,     .  601 
at  Fort  Halifax,  etc.,  on  Kennebec  River,      215, 

558,  586,  693 
at  Number  Four  on  Connecticut  River,  .  653 

on  the  Eastern  frontiers,  relative  to,   144,  163  bis, 

174,  343,  707 
of  soldiers  in  Western  expedition,  relative  to,  .  299 
of  volunteers  on  Eastern  frontiers,  relative  to,  .  356 
EQUIPMENTS. 
to  be  given  to  officers  and  soldiers  in  Expedition 

at  the  Eastward,  ....  233 

ESQUEL  (near  Surinam). 

provisions  to  be  exported  to,  ...  375 

ESSEQUIBO. 

provisions  to  be  exported  to,  ...  662 

ESSEX   COUNTY. 
court  of  general  sessions  in,  clerk  of,  impowered 
to  take  recognizance  of: 
Christopher  Bubier,     .....  481 

Sarah  Campbell 383 

John  Foster,        ......  435 

courts  in,  adjourned,      ....     248,  331 

farmers  of  excise  in: 
committee  to  choose,    26,  186,  242,  372,  457,  612, 

645,  661 
William  Coffin,  appointment  of,   .           .           .  319 
Peter  Frye,  appointment  of,          .           .           .  236 
Capt.  Peter  Frye,  appointment  of,          .           .  609 
Edward  Harrington,  appointment  of,    .           .  644 
John  Hunt,  appointment  of,          .           .           .  101 
jail  in  Salem  in,  Ezra  Harwood  discharged  from,     12 
judge  of  probate  for,  impowered  to  appoint  ad- 
ministrator on  estate  of  Ebenezer  Kim- 
ball  726 

justices  of  court  of  general  sessions  in,  impow- 
ered to  consider  anew,  the  petition  of 
selectmen  of  Lynn,  relative  to  high- 
ways,   224 

justices  of  court  of  general  sessions  in,  impow- 
ered to  grant  a  license,     38,  41,  60,  SO,  125, 
129,  196,  201,  210,  242,  247,  267,  259,  269, 
282,  420,  426,  444,  462,  484,  570,  606,  620, 
622,  653,  672,  678 
justices  of  court  of  general  sessions  in,  impow- 
ered   to    take    recognizances    of    inn- 
keepers, etc.,      .  .  .  .  .39 

justices  of  inferior  court  in,  impowered  to  hear 

and  try  cause,    ....       81,  148 

justices  of  inferior  court  in,  impowered  to  re- 
ceive  report    of   referees   on   action   of 
David  EUinwood,         ....  653 

justices  of  superior  court  in,  impowered  to  hear 

and  try  cause,    .....  138 

sheriff  of: 

to  cause  French   Neutrals   in  Marblehead  to 

be  conveyed  to  certain  towns,       .  .  606 

treasurer  of,  account  allowed,         41,  178,  331,  531 
ESTATES. 
part  of   an  estate  belonging  to  Lucy   Davis,  a 

minor,  to  be  sold,        ....  412 

lists  of  valuation  of,  assessors    excused    from 

any  penalty  for  not  furnishing,     .  .  619 

of  Josiah  Allen,     .  .  .  .  .  .64 

of  Samuel  Allen 510 


826 


Index. 


ESTATES  —  continued 
of  Noah  Ashley,    . 
of  Phineas  Ashley, 
of  Thomas  Baker, 
of  Peter  Ball, 
of  Abijah  Bangs, 
of    Jonathan  Bangs  (of  Newberne 

lina), 
of  Isaac  Barker,    . 
of  Malachi  Baxter, 
of  Thomas  Baxter, 
of  Abraham  Belknap, 
of  Isaac  Bennet,    . 
of  James  Bowdoin, 
of  Hannah  Bradford, 
of  Nathan  Bradley, 
of  Thomas  Child, 
of  Thomas  Clark, 
of  James  Converse, 
of  Daniel  Cook,     . 
of  Thomas  Danforth, 
of  Ebenezer  Davis, 
of  Benjamin  Dodge, 
of  Elisha  Doten,   . 
of  Joseph  Dudley, 
of  Lucy  Dudley,   . 
of  John  Dwells,     . 
of  John  Eaton, 
of  Caleb  Ely, 
of  David  Evelith, 
of  Isaac  Evelith, 
of  Nathan  Farnsworth, 
of  Abiel  Faulkner, 
of  Jonathan  Fisk  of  Grot  on, 
of  Jonathan  Fiske  of  Sudbury 
of  John  Fox, 
of  John  Franklyn, 
of  Ebenezer  Frye, 
of  John  Gamage,  . 
of  Job  Giddings,    . 
of  Josiah  Gilbert, 
of  John  and  Israel  Gill, 
of  Ebenezer  Gleson, 
of  Nathaniel  Goodwin, 
of  Joseph  Greenleaf, 
of  Isaac  Gregory, 
of  Obadiah  Gross, 
of  John  Hallowell, 
of  Adine  Harrington, 
of  Ephraim  Harvey, 
of  John  Hasey, 
of  Richard  Hazen, 
of  Samuel  Healy, 
of  Benjamin  Herrick, 
of  Jonathan  Hidden, 
of  Jason  Hinds,     . 
of  James  Hodges, 
of  Jonathan  Holbrook, 
of  Henry  Holt, 
of  Rev.  Edward  Holyoke, 
of  Benjamin  Hoppen, 
of  James  How, 
of  Ebenezer  Humphrey 
of  James  Jeffry,     . 
of  Jeffs  Johnson,  . 
of  Benoni  Jones,   . 
of  Joseph  Jones,    . 
of  Asahael  Judd,  . 
of  Nathan  Kenney, 
of  Ebenezer  Kimball, 


North 


Caro- 


ESTATES  —  continued. 

740 

of  Ezra  King,         .           .           .          . 

.  368 

43 

of  Sylvanus  Lakeman,  jr.. 

.  133 

100 

of  Thomas  Lampson,     . 

.  641 

607 

of  Job  Lane,          .          .          .          . 

.  283 

411 

of  Jacob  Lazel,      .          .          .          . 

.  406 

of  John  Lewis  of  Lynn, 

.  279 

466 

of  Caleb  Lyman,  .          .          .          . 

.  137 

13 

of  John  Lynde,      .           .           .           . 

.  642 

415 

of  Theophilus  Mayhew, 

.  108 

137 

of  John  McAllister, 

.  723 

217 

of  Ebenezer  Miriam,  jr.. 

.     82 

415 

of  Samuel  Morse, 

.  175 

122 

of  George  Morton, 

.     22 

224 

of  Temple  Nelson, 

.     40 

516 

of  John  Nichols,    .           .           .           . 

.  285 

180 

of  Zechariah  Nichols,     . 

.     68 

128 

of  Gustavus  Norwood,  . 

.     73 

217 

of  Thomas  Oxnard, 

.  611 

649 

of   Thomas    Palmer   of    Boston    a 

id    Eliakim 

197 

Palmer  of  London, 

,  353 

369 

of  Isaac  Parker,    . 

.  471 

194 

of  Margaret  Pastee, 

.  182 

194 

of  John  Patten,     . 

.    346,  562 

735 

of  John  Perbles,    . 

.  697 

636 

of  William  Perkins, 

.  279 

306 

of  Katherine  Phips, 

.     23 

307 

of  George  Pierce, 

.  532 

430 

of  —  Plaisted,  late  sheriff  of  York  ( 

:;ounty,        .  287 

563 

of  Rev.  Nathan  Prince, 

.  724 

549 

of  Joseph  Putney, 

.  635 

11 

of  Capt.  John  Read, 

.  506 

713 

of  Nathaniel  Read, 

.  135 

172 

of  Jedediah  Rice, 

.  701 

420 

of  Ephraim  Richards,    . 

.  309 

332 

of  Josiah  Richardson,     . 

.  214 

603 

of  John  Rockwood, 

.     64 

491 

of  Zechariah  Sartle, 

.  203 

19 

of  Joseph  Sawyer, 

.     48 

47 

of  Samuel  Scammell,      . 

.     68 

705 

of  James  Scammon, 

.  175 

735 

of  Thomas  Shepherd,     . 

.    98 

85 

of  William  Shillaber,      . 

.  569 

463 

of  George  Shore  (partly  in  Suffolk  a 

nd  partly  in 

15 

Worcester  County),    . 

.  131 

679 

of  James  Smith,    . 

.  170 

211 

of  Thomas  Spring, 

.  375 

649 

of  John  Stanniford, 

.      81,  148 

83 

of  John  Stedman, 

.  567 

697 

of  David  Stevens, 

.  208 

66 

of  Jabez  Stratton, 

.  298 

150 

of  William  Sturtevant, 

.  273 

130 

of  John  Sweet, 

.  291 

174 

of  Peter  Thatcher, 

.  351 

631 

of  Samuel  Thomas,  jr.. 

.  600 

582 

of  Israel  Tilton,    . 

.  234 

438 

of  Thomas  Tuft,   . 

.  210 

747 

of  Joshua  Underwood,  . 

.     77 

427 

of  Christopher  Wadsworth,     . 

.  286 

303 

of  Benjamin  Warren,     . 

.  436 

277 

of  Benjamin  Watkins,   . 

.  712 

405 

of  EUzabeth  Welch, 

.  311 

773 

of  Timothy  Wellington, 

.     20 

484 

of  Thomas  Wheeler, 

.  646 

171 

of  Henry  Wilkins, 

.  227 

430 

of  Josiah  Willard,  late  secretary, 

.  753 

657 

of  John  Williams, 

.  710 

717 

of  Thomas  Williams,  jr., 

.  161 

711 

of  Elkanan  Winchester, 

.  410 

726 

of  John  Winslow, 

.  482 

Index. 


827 


ESTATES  —  continued. 
of    William    Wohwohnoos    (Indian    of    Stock- 
bridge) 745 

ESTATES,  INSOLVENT. 
of  John  Blanchard,         ......  712 

of  Caleb  Blodget,  .  .  .  .  .24 

of  Jonathan  Briant,        .....   196 

of  Nathaniel  Bullard,     .....  406 

of  Edward  Dumaresque,  jr.,  ....  508 

of  Josiah  Fuller,    ......  142 

of  Andrew  Harper,  .....  744 

of  Ebenezer  Holmes,      .....  648 

of  Henry  Johnson,  .....   129 

of  Nehemiah  King,  .  .  .  .  .641 

of  Benjamin  Rankin,     .....  464 

of  John  Salmon,   ......  658 

of  James  Scammon,        .....  236 

ESTATES,  INTESTATE. 
of  Philip  Audeburt, 
of  Hezekiah  Broad, 
of  Gyles  Goddard, 
of  John  Godsoe,    . 
of  Samuel  Hopkins, 
of  Rev.  Edward  Jackson 
of  Capt.  John  Read, 
of  Abiel  Richardson, 
of  Jonathan  Russell, 
of  Samuel  Stevens, 
of  Rowland  Taylor, 
of  Jonathan  Whiton, 
of  John  Williams, 
EXCISE,  COLLECTORS  OF. 
on  liquors,  etc.,  in  County  of  Dukes  County: 

William  Little,  appointment  of,    . 
on  tea,  etc.,  in  Suffolk  County,  to  be  chosen,    . 
EXCISE,  FARMERS  OF. 
allowed  more  time  to  lodge  their  receipts, 
bonds  taken  of,  for  duties  on  tea,  etc.,  relative 
to  date  of,  ..... 

bonds  of,  account  of,  to  be  recorded  by  the 

Secretary,  .  .  .  .  .35 

delinquent,  Province  Treasurer  to  sue,     .  .     37 

in  Barnstable  County: 

committee  to  choose,    27,  187,  243,  373,  459,  613, 

647,  662 

David  Gorham,  appointment  of,  .  .     79 

Nathaniel  Little,  appointment  of,  .     312,  536 

Solomon  Otis,  appointment  of,     .  .  .  457 

in  Bristol  County: 

committee  to  choose,     27,  188,  243,  373 


74 
555 
633 
635 
755 
577 
710 
198 

55 
424 

55 
212 
681 


587 
763 


25 


618 


459,  614, 
662,  758 
.  533 
.  310 
.     75 


Joseph  Joslyn,  appointment  of,    . 
Capt.  Joseph  Joslyn,  appointment  of,    . 
Capt.  George  Morey,  appointment  of,    . 
Samuel  White,  Province  Treasurer  to  deliver 

up  bond  of,         .  .  .  .  .76 

in  Dukes  County,  County  of: 

committee  to  choose,  27, 188, 243, 374, 459, 614,  663 

Nathaniel  Little,  appointment  of,  .  .  577 

in  Essex  County: 

committee  to  choose,    25,  186,  242,  372,  457,  612, 

645,  661 
William  Coffin,  appointment  of,   .  .  .  319 

Peter  Frye,  appointment  of,  .  .  .  236 

Capt.  Peter  Frye,  appointment  of,  .  .  509 

Edward  Harrington,  appointment  of,    .  .  544 

John  Hunt,  appointment  of,  .  .  .   101 

in  Hampshire  County: 
committee  to  choose,    26,  187,  245,  372,  458,  613, 

639,  661 


EXCISE,  FARMERS    OT  —  continued. 
in  Hampshire  County  —  continued. 
Noah  Ashley,  appointment  of,      . 
David  Ingersoll,  appointment  of, 
Elisha  Pomroy,  appointment  of, 
in  Middlesex  County: 
committee  to  choose,    26,  186,  245,  372,  458, 

612,  631 
Elisha  Jones,  appointment  of,      . 
Ezekiel  Price,  appointment  of,     . 
Braddyal  Smith,  appointment  of, 
William  Story,  appointment  of,    .       114,  312, 
in  Nantucket  County: 
committee  to  choose,     28,  188,  244,  374,  460, 

637,  663, 

Thomas  Arthur,  appointment  of,  .     330, 

Obed  Hussey,  appointment  of,     .  .51, 

in  Plymouth  County: 

committee  to  choose,    26,  187,  242,  373,  458, 

627, 
Seth  Bryant,  appointment  of,       . 
Theophilus  Cotton,  appointment  of, 
Joseph  Joslyn,  appointment  of,    . 
Josiah  Keen,  appointment  of,        . 
in  Suffolk  County: 
committee   to    choose,      25,    186,    246,    372, 

612 


610, 
293, 


Samuel  Adams,  appointment  of, 
William  Coffin,  appointment  of,   . 
Elisha  Jones,  appointment  of, 
William  Whitwell,  appointment  of, 
in  Worcester  County: 
committee  to  choose,     26,  187,  246,  271,  373, 
613,  652,  661 
committee  to  choose,  allowance  to, 
Maj.  John  Chandler,  appointment  of,    . 
Nathaniel  Green,  appointment  of, 
John  Hunt,  appointment  of,         .  .  . 

Col.  Moses  Marcy: 
appointment  of,        ....  . 

remittance  to,  .  .  .  .  . 

Ezra  Taylor,  appointment  of,        . 
in  York  County: 
committee  to  choose,     27,  188,  243,  374,  459, 

637, 
Foxwell  Curtis  Cutt,  appointment  of,    . 
Capt.  Ichabod  Goodwin,  appointment  of,  319, 
Elisha  Jones,  appointment  of,       . 
Joseph  Simpson,  jr.,  appointment  of,    . 
Province  Treasurer  to  issue  executions  against, 
EXECUTION. 
against  estate  of  the  late  sheriff  of  York  County, 
to  be  issued,       ..... 

against  farmers  of  excise,  Province  Treasurer  to 
issue,  ...... 

against  Ephraim  Gates  declared  void  and  a  new 
one  to  be  issued,  .... 

issued  against  Caleb  Hutchins,  Province  Treas- 
urer to  withdraw,         .... 

of  I.saac  Savage,  Sarah   Hunt  discharged  from, 

stay  of,     15,  44  bis,  48,  49,  51,  66,   102,   145, 

185,  200,  202,  207,  216,  224,  235,  280, 

302,  315,  374,  390,  421,  426,  512^  550, 

737 

EXECUTOR    OR   ADMINISTRATOR. 

of  Samuel  Allen,  impowered  in  regard  to  the 

sale  of  the  estate,         .... 

of  Noah  Ashley,  impowered  to  sell  land, 
of  Thomas  Baker,  impowered  to  sell  land, 
of  Peter  Ball,  impowered  to  sell  real  estate. 


,  54 
230 
536 

487, 

,  661 

312 

409 

509 

.  704 

614, 
761 
537 
537 

613, 
,  662 
344 
93 
530 
530 

457, 
660 
84 
705 
318 
.  398 

458, 
,  667 
229 
289 
290 
54 

442 
643 
530 

614, 
662 
230 
561 
101 
429 
358 


159 


358 


338 
658 
149, 
299, 
690. 


510 
740 
100 
607 


828 


Index. 


EXECUTOR    OR    ADMINISTRATOR  —  con- 

linued. 
of    Jonathan    Bangs,    impowered    to    sell    real 

estate,        ......  466 

of  Malachi  Baxter,  impowered  to  sell  real  estate,  415 
of  Abraham  Belknap,  impowered  to  sell  land,  .  217 
of  Isaac  Bennet,  impowered  to  sell  land,  .  415 

of    John    Blanchard,    impowered    to    sell    two 

thirds  of  the  estate,    .  .  .712 

of   Nathan   Bradley,   petition  of,   for  appoint- 
ment of  guardians  to  the  minors,  .  516 
of  Jonathan  Briant,  impowered  to  sell  land,      .   196 
of  Hezekiah  Broad,  and  guardian,  impowered  to 

sell  estate,  .....  555 

of  Nathaniel  Bullard,  impowered  to  sell  land,  .  406 
of  Thomas  Clark,  impowered  to  convey  land,  .  128 
of  James  Converse,  impowered  to  sell  land,  .  217 
of  Nathaniel  Coochuck,  Indian,  impowered  to 

sell  land 148 

of  Daniel  Cook,  impowered  to  sell  land,  .  .  649 

of  Hugh  Cunningham,  impowered  to  execute  a 

deed 748 

of  Ebenezer  Davis,  impowered  to  sell  land,  .  369 
of  Benjamin  Dodge,  impowered  to  execute  a 

deed 194 

of  Elisha  Doten,  impowered  to  sell  land,  .   194 

of  Lucy  Dudley,  bond  of,  accepted  in  lieu  of  an 

inventory,  .....   636 

of  Edward  Dumaresque,  jr.,  petition  of,  in 
regard  to  commissioners  to  examine 
claims  to  an  insolvent  estate,        .  .  508 

of  Caleb  Ely,  impowered  to  execute  a  deed,  .  430 
of  David  Evelith,  impowered  to  sell  land,  .  563 

of  Isaac  Evelith,  impowered  to  execute  a  deed,  549 
of  John  Farrar,  billeting  account,  etc.,  allowed 

to, 742 

of  Abiel  Faulkner,  impowered  to  sell  land,         .  713 
of  Jonathan  Fisk,  impowered  to  sell  land,  .   172 

of  John  Fox,  allowance  to,      ....   347 

of  John  Fox,  impowered  to  execute  a  deed  of 

release,      ......  332 

of   John   Franklyn,   impowered   to   sell  an  in- 
terest in  lands,  ....  603 

of  Ebenezer  Frye,  and  guardian,  impowered  to 

sell  land 491 

of  Josiah  Fuller,  impowered  to  sell  land,  .  142 

of  John  Gamage,  impowered  to  sell  land,  .     19 

of  Job  Giddings,  impowered  to  execute  a  deed,     47 
of  Josiah  Gilbert,  impowered  to  sell  real  estate,  .  705 
of  Ebenezer  Gleson,   impowered   to  sell  land 
right  in   plantation   of   New   Framing- 
ham,  .  .  .  .  .  .85 

of   Gyles   Goddard,   impowered   to   sell   three- 
fourths  of  the  estate,  .  .  .  633 
of  Nathaniel  Goodwin,  impowered,  with  others, 

to  sell  estate,      .....  463 

of    Joseph    Greenleaf,    order    of    notice  to    be 

served  on,  .  .  .  .  .15 

of  Isaac  Gregory,  impowered  to  sell  real  estate,  679 
of  Obadiah  Gross,  impowered  to  sell  land,         .  211 
of  John  Hallowell,  impowered  to  sell  real  estate,  649 
of  Andrew  Harper,  impowered  to  sell  real  estate,  744 
of  Adine  Harrington,  impowered  to  sell  land,  .     83 
of  Ephraim  Harvey,  petition  of,      .  .  .  697 

of  John  Hasey,  impowered  to  sell  land,    .  .     66 

of  Richard  Hazen,  allowance  to,      .  .  .   150 

of  Benjamin  Herrick,  impowered  to  execute  a 

deed,  ......  174 

of  Jonathan  Hidden,  allowance  to,  .  .  631 

of  Jason  Hinds,  impowered  to  sell  real  estate,  .  £82 


EXECUTOR    OR    ADMINISTRATOR  —  con- 

tinued. 
of   James   Hodges,   allowance   to,   for  sickness 

resulting  from  Crown  Point  expedition,  438 
of  Henry  Holt,  impowered  to  sell  land,    .  .  427 

of  Samuel  Hopkins,  impowered  to  sell  land,      .  755 
of  Benjamin  Hoppen,  impowered  to  sell  land,  .  277 
of  James  How,  impowered  to  sell  land,    .  .  405 

of  James  Jeffry,  impowered  to  sell  land,  ,  484 

of  Jeffs  Johnson,  impowered  to  sell  land,  .   171 

of  Joseph  Jones,  impowered  to  sell  real  estate,  .  657 
of  Asahael  Judd,  impowered  to  sell  real  estate,  .  717 
of  Nathan  Kenney,  impowered  to  execute  a 

deed,  .  .  .  .  .  .711 

of  Henry  Keyes,  allowance  to,  for  subsistence  of 

soldiers,     ......  633 

of  Ebenezer  Kimball,  judge  of  probate,   im- 
powered to  appoint  an,        .  .  .  726 
of  Sylvanus  Lakeman,  jr.,  gun  allowed  to,         .   133 
of  Thomas  Lampson,  with  others,  impowered  to 

sell  land 641 

of  Job  Lane,  impowered  to  sell  land,        .  .  283 

of  Jacob  Lazel,  impowered  to  sell  land,    .  .  406 

of  John  Lewis,  impowered  to  sell  land,     .  .  279 

of  Caleb  Lyman,  impowered  to  enter  a  claim 

against  estate  of  Thomas  Baxter,  .   137 

of  John  Lynde,  impowered  to  sell  real  estate,  .  642 
of  John  McAllister,  impowered  to  deliver  up 

deeds,        ......  723 

of  John  Merrill,  impowered  to  sell  land,  .  .  695 

of  Samuel  Morse,  impowered  to  sell  land,  .   175 

of  Zechariah  Nichols,  impowered  to  sell  land,   .     68 
of  Gustavus  Norwood,  impowered  to  sell  land,  .     73 
of  Thomas  Oxnard,  impowered  to  sell  an  estate,  611 
of  Thomas   Palmer  and  Eliakim  Palmer,  im- 
powered to  execute  a  deed,  .  .  353 
of  Margaret  Pastee,  im-powered  to  sell  land,      .  182 
of  John  Patten,  impowered  to  sell  an  estate,  346,  562 
of  John  Perbles,  impowered  to  sell  land,             .  697 
of  Margaret  Perkins  sued  by  Anthony  Loney,  .  216 
of  William  Perkins,  impowered  to  sell  land,      .  279 
of  Samuel  Perley,  impowered  to  execute  a  deed,  572 
of  George  Pierce,  impowered  to  sell  land,           .  532 
of  Elisha  Pike,  impowered  to  sell  an  estate,       .  601 
of  Joseph  Plaisted,  impowered  to  bring  forward 

a  writ  of  review,  ....  287 

of  Capt.  John  Read,  impowered  to  sell  real  es- 
tate  506,  710 

of  Nathaniel  Read,  petition  of,         .  .  .   135 

of  Jedediah  Rice,  impowered  to  sell  land,  .   701 

of  Abiel  Richardson,  impowered  to  sell  land,  .  198 
of  Josiah  Richardson,  impowered  to  sell  land,  .  214 
of  John  Rockwood,  impowered  to  sell  land,  .  64 
of  Jonathan  Russell,  impowered  to  sell  land,  .  55 
of  Zechariah  Sartle,  impowered  to  sell  land,  .  203 
of  Samuel  Scammell,  impowered  to  sell  land,  .  68 
of  James  Scammon,  impowered  to  execute  a 

deed 175 

of  James  Scammon,  impowered  to  sell  estate,  .  236 
of  John  Sheperd,  impowered  to  execute  a  deed,  635 
of  Thomas  Shepard,  impowered  to  sell  land,  .  98 
of  William  Shillaber,  impowered  to  execute  a 

deed 569 

of  Thomas  Spring  and  Elisabeth  Upham,  im- 
powered to  sell  land,  ....  375 
of  John  Stanniford,  impowered  to  bring  forward 

a  writ  of  reinew,           .           .                  81,  148 
of  David  Stevens,  impowered  to  sell  land,          .  208 
of  Samuel  Stevens,  impowered  to  sell  real  es- 
tate  424 


Index. 


829 


EXECUTOR    OR    ADMINISTRATOR  —  con- 

tinued. 
of  Jabez  Stratton,  impowered  to  sell  land,  .  298 

of  John  Sweet,  with  others,  impowered  to  exe- 
cute a  deed,        .....  291 

of  Rowland  Taylor,  impowered  to  sell  land,      .     55 
of  Peter  Thatcher,  with  others,  impowered  to 

sell  real  estate,  .  .  .  .  .351 

of  Samuel  Thomas,  jr.,  impowered  to  sell  real 

estate,        ......  600 

of  Israel  Tilton,  impowered  to  sell  real  estate,    .  234 
of  Joshua  Underwood,  impowered  to  sell  real 

estate,  .  .  .  .  .77 

of  Christopher  Wadsworth,  impowered  to  sell 

land 286 

of  Benjamin  Warren,   impowered   to  sell   real 

estate,        ......  436 

of  Benjamin  Watkins,  impowered  to  sell  real 

estate,        ......  712 

of  Elizabeth  Welch,  impowered  to  sell  real  es- 
tate  311 

of  Timothy  Wellington,  impowered  to  execute 
a  deed  of  a  lot  in  Narragansett  Town- 
ship Number  Two,      .  .  .  .20 

of  Thomas  Wheeler,  impowered  to  sell  real  es- 
tate, ......  646 

of  Jonathan  Whiton,  impowered  to  sell  a  por- 
tion of  the  estate,        .  .  .  .212 

of  Henry  Wilkins,  impowered  to  sell  land,         .  227 
of  Josiah  Willard,  late  secretary,  allowance  to, 

for  family  of  deceased,  .  .  .  753 

of  John  Williams  (of  Easton),  impowered  to  re- 
convey  land,       .....  710 

of  John  Williams  (of  Groton),  impowered  to  sell 

real  estate,  .  .  .  .  .681 

of  Thomas    Williams,    jr.,    impowered    to    sell 

land, 161 

of  Elkanan  Winchester,  impowered  to  sell  land,  410 
of    Edward    Winslow,    impowered    to    act    as 

county  treasurer,          .           .           .           .95 
of  John  Winslow,  impowered  to  sell  real  estate,  482 
EXPEDITIONS,    CANADA. 
allowance  to  Ebenezer  Davis  in,  for  billeting,   745 
arms,  etc.,  for  the  late,  accounts  of,  to  be  ren- 
dered  311 

EXPEDITIONS,    CROWN  POINT. 
account  of: 
Benjamin  Smith  in,  allowed,         .  .  .  579 

Samuel  Thacher  in,  allowed,         .  .  .  480 

Col.  Ephraim  Williams  in,  allowed,         .  .  743 

accounts  with  Commissary  Thomas  on,  relative 

to 470,  746 

additional  bounty  for  soldiers  in,  allowed,  .  304 

additional  men  to  be  enlisted  for,    .  .  .  300 

adjutant-general    and    quarter-master   general 

in,  establishment  of  wages  of,       .     503,  522 

advance  pay  to  soldiers  in,  allowed,  .  .  300 

allowance  for  articles  lost  in: 

to  Miriam  Ashley,       .....  553 

to  James  Endicot,       .....  483 

to  Moses  Kenard,        .....  466 

allowance  for  gun  lost  in: 

to  Benjamin  Burt,      .....  727 

to  Daniel  Epes,  jr.,     .  .  .  .  .  703 

to  Lydia  Gale,   .  .  .  .  .  .501 

to  Mary  Herrick 727 

to  Rachel  How, 519 

to  Jonathan  Ingell,     .....  575 
to  Zebadiah  Johnson,  ....  600 

to  David  Kitteridge,  .....  646 


EXPEDITIONS,  CROWN  VOIST! —  continued. 

allowance  for  gun  lost  in  —  continued. 
to  John  Stockwell,       .....  706 
to  Benedict  Webber,  .....  503 

allowance  on  account  of  loss  of  time,  wounds, 
etc.,  while  in: 
to  Jason  Badcock,       .....  419 
to  Joseph  Barker,        .....  557 
to  Jonathan  Barney,  administrator  of  James 

Hodges 438 

to  Jonathan  Bartlett  for  son,        .  .  .  666 

to  Hopestill  Bent 498 

to  Benjamin  Bilhng  for  sons,         .  .  .  544 

to  James  Boutell,  executor  of  John  Boutell,  .  453 
to  Lemuel  Boyden,  .....  460 
to  John  Broclebank,  .....  615 
to  Abishai  Brown,  .....  450 
to  Charles  Casedy,  .....  448 
to  certain  soldiers,       .....  654 

to  Samuel  Chaffin, 452 

to  John  Clap  for  son,  ....  472 

to  Gideon  Clark, 449 

to  Joel  Clark, 449 

to  Judah  Clark 436,  558 

to  Hannah  Colby  for  Timothy  Colby,    .  .  483 

to  Simon  Da\-is,  .....  585 

to  Moses  Deshon,         .....   740 

to  Joshua  Dickinson  for  sickness  expenses  of 

servant,     ......  450 

to  Jacob  Esty  for  son,  ....  455 

to  John  Goodwin,        .....  453 

to  Solomon  Goodwin,  ....  732 

to  Phineas  Hathway,  ....  608 

to  Obadiah  Holt 453 

to  Timothy  Hutchinson,  ....  453 
to  Josiah  Johnson,  .....  602 
to  Benjamin  Knap,  .....  607 
to  William  Mahon,  .....  684 
to  Dennis  Morris,  .....  481 
to  Daniel  Nichols  for  son,  ....  456 
to  Ebenezer  Pike,        .....  453 

to  Seth  Pitts, 608 

to  Joshua  Read,  .....  461 

to  John  Rook,    ......  519 

to  Benjamin  Shute,     .....  461 

to  Nathan  Thompson,  ....  439 

to  Phineas  Tyler,         .....  446 

to  Isaac  Washburn,    .....  500 

to  Henry  Wesson,        .....  435 

to  William  Winchester,         ....  480 

allowance  per  month  to  captains  in,  .  .  670 

allowance  to  Ezra  Bullard  for  expenses  while  in,   773 

allowance   to  Timothy   Callahan   for  expenses 

while  in,    .  .  .  .  .  .    773 

allowance  to  Capt.  Thomas  Clap  for  billeting 

soldiers  in,  .....    768 

allowance  to  Timothy  Clements  for  surveying, 

etc.,  for,    .  .  .  .514 

allowance  to  Capt.  Nathaniel  Cook  and  Com- 
pany in,  for  billeting,  .  .  .  732 

allowance    to    Capt.    John    Crane    for    money 

advanced  for,     .....  729 

allowance  to  Edward  Curtis  for  service  in,         .  481 

allowance  to  Amasa  Delano  in,  for  forwarding 

the  troops,  .....  690 

allowance  to  divers  persons  for  expenses  while 

in,    654,  660,  678,  722  his,  728  his,  741  his, 
750  his,  767 

allowance    to    Thomas   Gilbert    for    provisions 

for 499 


830 


Index. 


EXPEDITIONS,  CROWN  FOINT —  continued. 
allowance  to  Elisha  Kej  es  for  expense  in  going 

after  a  sick  soldier  in,  ...  736 

allowance  to  Nathaniel  Low  for  services  in,       .  757 
allowance  to  Jonathan  Morton  for  subsistence 

of  servant,  .....  471 

allowance    to    Capt.    Benjamin    Newhall    for 

money  advanced  for,  .  .  .  765 

allowance  to  John  Peacock  as  pioneer  in,  .  516 

allowance  to  Hannah  Thayer  for  sickness  ex- 
penses and  wages  due  her  husband  in,  .  754 
allowance  to  town  of  Boston   for  arms   used 

for 362 

allowance  to  Philip  Walker  for  services,  etc., 

in,    .  .  .  .  .  .  .   756 

allowance  to  Sarah  Walker  for  expenses  for  her 

husband,  a  soldier  in,  ...  770 

allowance  to  William  White  for  expenses,  also 

wages  due  his  son  in,  ...  751 

amount  stopped  out  of  wages  of  soldiers  in, 
allowed: 
to  Nathaniel  Fitts,      .....  736 

to  Samuel  Partridge,  ....  715 

to  David  Rowe,  .....  698 

to  Eunice  Thomas,      .....  719 

to  James  Woodward,  ....   737 

armorers   and  assistants   for,  establishment   of 

wages  of,  .  .  .  .  .  501 

arms,  etc.,  delivered  for  the  late,  relative  to  the 

return  of,  .     '      .  .  .     652,  695 

artillery  in,  establishment  of  wages  of  oiBcers 

of 315 

Capt.  Edmund  Bemis  in,  allowed  to  rectify  a 

mistake  in  his  muster-roll,  .  .  .  718 

billeting  account: 

of  Samuel  Andrews  in,  allowed,    .  .  .  607 

of  Timothy  Colton  in,  allowed  to  his  father,  .   716 

boats,  lighters,  guards,  etc.,  for,  relative  to,         .  475 

bounty  for  soldiers  in,  furnishing  guns,  relative 

to .  .513 

bounty  for  soldiers  in,  furnishing  guns,  allowed: 
Samuel  Freeman  for  servant,  Jonathan  Wil- 

lard 768 

James  Ward,      ......  768 

Joel  Bradford  in,  allowed  wages  as  sergeant,    .  479 
William    Bullock   in,    allowed    wages    as    lieu- 
tenant,      ......  749 

Ensign  James  Carr  in,  muster-roll  of,  allowed,  .   749 
chaplain  in,  allowance  to,        .  .  .  .  493 

chaplain   of   two   regiments   in.    Rev.   Stephen 

Williams,  appointment  of,  .  .  .  504 

chief  commanding  oflBcer  in  : 
allowance  to: 
for  services,     ......  704 

for,  table  expenses,  etc.,     ....  505 

chief  officer  in  command  of   600  recruits  for, 

establishment  of  wages  of,  .  .  .  592 

commissaries  in: 
forbidden  to  make  profits,  ....  687 

relative  to  the  wages  of,       .  .  .  .  478 

to  render  their  accounts,      ....  687 

to  make  oath  in  regard  to  delivery  of  pro- 
visions,     ......  517 

commissioners  to  Albany  to  wait  upon  the  Earl 

of  Loudoun,  relative  to,      605,  618,  620,  622 
commissioners  to  forward: 
allowance  to,      .....  .  399 

appointment  of,  ...      393,  394,  398 

leave  to,  to  return  home,     ....  583 

relative  to  the  powers  of,     .  .  .  .  400 


EXPEDITIONS,  CROWN  POINT  —  continued. 
committee  of  war  for: 
allowance  to: 
for  services,     ......  521 

for  subsistence  of  men  drafted  from  regi- 
ments in  Worcester  County,  .  .  617 
certain  sum  to  be  applied  by,       .          .  .  673 
instructions  to,             .....  467 

quorum  of,  established,        ....  382 

to  appoint  couriers,    ....    393,  470 

to  appoint  persons   to   confer  with  persons 
appointed  by  other  governments,  rela- 
tive to  the  Western  expedition,    .  .  300 
to  furnish  agent  at  Albany  with  money  for 
defraying     proportion     of     incidental 
charges,     ......  363 

to  furnish  blankets,  etc.,      .  .       386,  591,  596 

to  give  orders  relative  to  transportation  of 

baggage  of  Col.  Frye  and  his  officers,     .  770 
to  pay  John  Murray  for  cattle  supplied  army 

at  Lake  George,  ....  408 

to  provide  powder,  etc.,       .  .  .    348,  358 

to  provide  provisions,  etc.,  .      329,  443,  456 

to  provide  stores  for  field  officers,  etc.,  .  328 

to  purchase  a  hoyot  and  a  royal,  .  .  385 

to  purchase  powder  and  replace  in  magazines,  361 
to  reside  at  Albany,  relative  to  appointment 

of,    .  .  .         450,  451,  470,  480,  504 

committee  to  confer  with  commissioners  from 

Connecticut  relative  to,  report  of,  .  438 

committee  to  estimate  the  cost  of  the  present, 

etc., 604 

committee  to  prepare  a  plan  for,  report  of,       .  440 
committee  to  receive  proposals  from  the  Earl  of 
Loudoun,  etc. : 
appointment  of,  .....  644 

relative  to  an  application  to  him  for  the  re- 
imbursement of  expenses  of  provisions 
for,  .......  657 

relative  to  preventing  provisions  and  warlike 

stores  being  carried  to  the  French,         .   657 
relative  to  the  proportion  of  the  4,000  men  to 

be  raised  by  this  Pro^^nce,  .  .  656 

to  confer  with  him  relative  to  wood  and  beds 

for  Castle  William 659 

committee  to  wait  on  the  Earl  of  Loudoun  on 
his  arrival  in  Boston: 
appointment  of,  .....  626 

to  ask  the  honor  of  his  company  to  dinner,  626 
John  Cook  in,  allowed  wages  as  surgeon's  mate,  511 
Robert  and  Stephen  Cook,  deserters  in,  arms  to 

be  demanded  of,  etc.,  .  .  .  764 

deductions  from  wages  of  soldiers  in,  for  not 

returning  bayonets,  etc.,      .  .  .  645 

enlisting  men  for,  relative  to,      317,  365,  456,  487 
enlistment  or  impressment  of  men  for,  relative 

to 382,499 

John  Farrar  in,  billeting  account,  etc.,  of,  al- 
lowed his  administratrix,     .  .  .  742 
Jonathan  Fessenden  in,  allowed  wages  as  lieu- 
tenant,     ......  763 

forces  for,  relative  to  augmentation  of,     329,  463, 

542 
forces  under  command  of  the  Earl  of  Loudoun: 
assistant  commissary,  allowed,      .  .  .  768 

billeting  money  to  be  paid  to,       .  .  .   761 

chief  officer  of,  allowance  to,  for  table  ex- 
penses,      ......  756 

commissary  of,  to  be  furnished  with  clothing, 

etc.,  for  soldiers,  ....  769 


Index. 


831 


EXPEDITIONS,  CROWN  TOmT —continued. 
forces  under  the  command  of  the  Earl  of  Lou- 
doun —  continued. 
commissioned  officers  of,  one  month's  wages 

to  be  advanced  to,      .  .  .  .  764 

committee    of    war    to    furnish    arms,    etc., 

for 700 

committee  of  war  to  purchase  coats,  hats, 

etc.,  for,      .  .        686,  688,  693,  74/,  769 

estabUshment  of  wages  of,  .  .  .  .  669 

not  to  be  imprisoned  for  debt,      .  .  .  769 

officers  of,  estabUshment  of  wages  of,    .  .  755 

Col.  Richard  Gridley  to  be  appointed  colonel  of 

a  regiment  in,    .  .  .  .  .  386 

Col.  Richard  Gridley's  regiment  in,  wages  of  a 
second    lieutenant-colonel     in,     estab- 
lished,       ......  515 

half-pay  of  soldiers  in,  allowed: 

Timothy  Bancroft 730 

Lawrence  Clark,  .....  718 

Joseph  Darling,  .....  718 

John  Jones,        ......  751 

Seth  Kingman,  .....  718 

WiUiam  Pell 719 

widow  of  Robert  Matthews,  .  .  .  739 

Jonathan  Hoar  in,  allowed  pay  as  captain,  .  479 
impressment  of  arms  for,  relative  to,  .  387,  465 
injunction  against  publishing  anything  relative 

to 381 

land  granted  to  Daniel  Grainger  in,  .  .  632 

Henry  Liddell,  secretary  to  Gen.  Winslow  in, 
granted  the  protection  of  this  govern- 
ment against  execution,  etc.,        .     652,  667 
Jacob  Loomis  in,  allowed  wages  as  armorer's 

mate,         ......  647 

Jonathan  Meacham  in,  allowed  bounty  for  fur- 
nishing two  guns,        ....  713 

Stephen  Merrill  in,   billeting  expenses  of,  al- 
lowed his  widow,  ....  714 

money  expended  by  Henry  Keyes  in,  to  be  paid 

to  the  executors,  ....  633 

muster-masters  for,  allowance  to,    .  .  .  460 

muster-roll  of  Capt.  John  Wright  in,  to  be  ex- 
amined,    ......  717 

muster-rolls  for  the  late,  relative  to  making  up,  440, 

448,  639 
muster-rolls  relative  to,  to  be  lodged  with  the 

clerk  of  the  House  for  inspection,  .  658 

•     officers  and  soldiers  in: 

establishment  of  wages  and  subsistence  for,  454 
relative  to  the  subsistence  of,       .  .  .  432 

to  be  exempt  from  poll  tax,  .  .     442,  762 

officers  in: 
commissioned,  one  month's  advance  wages 

allowed  to  each,  ....  770 

receiving  enhsting  money.   Province  Treas- 
urer to  take  bond  of,  ...  462 
relative  to  wages  of,   .          .  .     311,  666,  667 
sundry  amounts  allowed  certain, .  .  .771 
to  account  for  blankets,  etc.,        .          .          .  460 
to  be  entitled  to  one  month's  advance  pay,   .  329 
Ebenezer   Parker  in,   allowed   wages   as   lieu- 
tenant,     ......  680 

proposals  from  the  Earl  of  Loudoun  to  the  com- 
missioners relative  to  raising  4,000  men, 
vote  in  regard  to,        ....  659 

recruits  for,  relative  to,  ...    367,  382 

relative  to  payment  of  muster-rolls  for,    .  .  445 

relative  to  payment  of  soldiers  in,  who  have 

returned  their  arms,    ....  692 


455 


294 


511 
338 


.  751 
.  751 
.  751 
.  751 
385,  442,  509 


448 


715 


EXPEDITIONS,  CROWN  TOINT —continued. 
relative  to  payment  of  subsistence  money  to 

soldiers  in,  from  time  of  enlistment, 
relative  to  raising  the  Province  quota  of  4,000 
men  for,    ...... 

Philip   Sargent   in,   allowed    wages    as    drum- 
mer, ...... 

Six  Nations  serving  in,  relative  to  wages  of, 
soldiers  enlisting  in,  deficiency  in  bounty  for, 
allowed: 
to  Samuel  Cole, 
to  John  Nason, 
to  Jacob  Royall, 
to  Abel  Whitney, 
soldiers  enlisting  in,  relative  to, 
soldiers  in  late,  enlisting  for  the  proposed  expe- 
dition, relative  to  wages  of,  .  .  452 
soldiers  in,  pension  to,  .           .           .           .       567  bis 

soldiers  in  service  at  Nova  Scotia  re-enlisting 
for,  relative  to,  .... 

soldiers  in,  who  served  at  Lake  George,  no  de- 
duction to  be  made  for  missing  arms 
from  wages  of  deceased, 
soldiers  returning  from  : 
allowance   to   divers   persons   for  entertain- 
ment of,    .  .  .       491,  494,  501,  563 
Eli  Prichard,  expenses  allowed,    .  .  .  772 
relative  to  support  of,          .          .      389,  397,  409 
James  Russell,  expenses  allowed,           .  .  736 
to  be  landed  at  Castle  WiUiam,    .          .          .  609 
subsistence  money  to  soldiers  returning  from  : 
allowed  Rebecca  Davis,  widow  of  Amos  Davis,  691 
allowed  John  Fairbanks  and  others,      .  .  637 
allowed   John   Goodwin,   father   of   Kendall 

Goodwin,  .....  689 

allowed    Samuel    Hawley,    jr.,    for    Elijah 

Hawley,    . 
allowed  Capt.  Ithamar  Hubbal, 
allowed    Nathan    Robins,    father    of    John 

Robins 648 

due  Gideon  Moody,  allowed,         .  .  .  645 

relative  to  payment  of,         .  ,  .  .  585 

surgeon-general    in,    no    estabUshment    to    be 

made  for,  .....  328 

surgeons  in  : 
allowance  to,  for  services,    ....  515 
allowance  to  Solomon  Wheat     as     physician 

and 692 

chief.  Dr.  Charles  Pynchon,  appointment  of,  521 
to     be     accountable     for     instruments     and 

medicines  in  their  care,         .  .  .  517 

wages    of.    Province   Treasurer    directed    in 

regard  to  payment  of.  .  .  .  469 

Dr.  Miles  Whitworth,  relative  to  wages   of,  726, 

772 
transfer  of  a  certain  amount : 
from  appropriation  for  commissary's  disburse- 
ments, etc.,  to  appropriation  for,  .  369 
from  appropriation  for  forts  and  garrisons, 

to  appropriation  for,  .  .  .    369,  393 

two  companies  of  artillery  to  be  raised  for, 

relative  to,  ....  .  492 

wages  due  deceased  soldiers  for  service  in,  to  be 

paid  without  letters  of  administration,    478, 

682 
wages  due  soldiers  in,  allowed,  409,  472,  494,  501, 
512,  555,  571,  591,  655,  697,  698,  699,  700, 
702,  703  bis,  716,  719,  720  bis,  726,  730, 
731  ter,  733  bis,  734,  743  bis.  744,  752,  756, 
757  bis.  761,  765,  767,  771 


704 
586 


832 


Index. 


.  256 

.  348 

of  John  Fox, 

.  347 
.  333 
.  257 
.  348 
.  246 
.  336 
.  281 
.  623 
.  216 

260, 

283,  511 

EXPEDITIONS,  CROWN  FOTNT —continued. 

Capt.  Stephen  Webster,  certain  sum  advanced 

to,  for  use  of  his  company  as  carpenters 

in, 490 

Benjamin  Whitcomb  in,  to  pay  the  money  he 
took  from  Josiah  Dival,  into  the  Prov- 
ince treasury,     .....  714 

EXPEDITION,  KENNEBEC   RIVER. 
Maj.   General   John   Winslow,   commander-in- 
chief  of  : 
allowance  to,  for  services,    ....  258 

equipments    to    be    given    to    officers    and 

soldiers  under,    .....  233 

account  of  Dr.  Eleazar  Harlow  for  medicine  for 

soldiers  in,  allowed,    ....  288 

allowance  on  account  of  loss  of  time,  wounds, 
etc.,  while  in  : 
to  Benjamin  Foster, 
to  John  Fox, 
to  Sarah  Fox,  widow 
to  Joshua  Frost, 
to  Joseph  Jones, 
to  Ichabod  Leonard, 
to  John  Mansfield, 
to  Daniel  Moor, 
to  Amos  Parting, 
to  William  Thorne, 
to  Ebenezer  Wilkins, 
to  Henry  Woods, 
allowance  for  medical  attendance,  etc.,  for  sick- 
ness contracted  while   in,  to  Eliphalet 
Gary,  ...... 

allowance   to   Joseph   Graig   for   sickness   and 
funeral  expenses  of  his  brother,  a  sol- 
dier in,       .....  . 

allowance  to  Christopher  Forbush  in,  for  ex- 
penses of  sickness,       .... 

allowance  to  Jonathan  Kenny  for  care,  etc.,  of 

Benjamin  Blackman,  a  soldier  in, 
enlistment  of  soldiers  for,  relative  to,        .     144,  174 
funeral  expenses  of  Stephen  Corey,  soldier  in, 

allowed  Nathaniel  Russell, 
Capt.  Phineas  Osgood  in,  bounty  money  paid 
by,  allowed,        ..... 

wages  due  Nathaniel  Seeley  in,  allowed  Eph- 
raim  Hayward,  .... 

wages  due  soldier  for  service  in,  allowed  John 

Tute 

workmen  and  transports  employed  in,  allowance 

to 

EXPEDITION,  LOUISBURG. 
account  of  storage  and  repairing  sails  of  Massa 

chusetts  Frigate  in,  allowed, 
allowance  for  guns  lost  in  : 
to  Zechariah  Emery,  .... 
to  Gideon  Henderson, 
allowance  on  account  of  loss  of  time,  wounds, 
etc.,  while  in  : 
to  Patrick  Burn,  .....  201 

to  Samuel  Graves,  father  of  Samuel  Graves,  .     65 
to  John  Hooker,  .....  214 


219 


195 


521 


249 


192 


262 


753 


337 


244 


387 


24 
701 


EXPEDITION,  LOmSBXTRG  —  continued. 
allowance  on  account  of  loss  of  time,  wounds, 
etc.,  while  in  —  continued. 
to  Matthew  Hutchinson,      ....  445 

to  Robert  Miller 180 

to  David  Poor, 434 

to  George  Watkins,     .....  194 

allowance  to  John  Bradstreet  for  service  in,      .  762 
allowance  to  Samuel  Lowell  for  services  in,      .  239 
amount  stopped  out  of  wages  of  soldiers  in, 
allowed,  Joseph  Munroe  father  of  Amos 
Munroe,     ......  350 

papers  relative  to,  to  be  sent  to  Agent  Bollan, .     32 
Sir  William  Pepperell,  late  general  in,  allowance 

to 95 

soldiers  in,  pension  to,    62,  140,  180,  201,  220,  339 
wages  due  soldiers  for  service  in,  allowed  : 

Samuel  Cook 699 

Gideon  Henderson     for     servant     Shadrach 

Bedorthy .701 

John  Walker, 237 

EXPEDITION,  NIAGARA. 
enlistment  of  men  for,  relative  to,  .  .  .  349 

report  of  committee  on,  ....  328 

EXPEDITION,  WESTERN. 

committee  of  war  for,  appointment  of,     .  .   296 

report    of    committee    on    Governor's    speech, 

relative  to,  ....  .  296 

soldiers  enlisting  in,  relative  to,        .  .  .   299 

stores  for,  relative  to,    .  .  .  .  .  300 

wages  due  soldier  for  service  in,  allowed  John 

King 698 

EXPORTS. 
of  codfish  to  Europe,  allowed,  .  .  .  271 

of  corn  to  Barbadoes,  allowed,  .  .  .  631 

of  flour  to  Surinam,  allowed,  .  .  .  384 

of  gun-powder,  relative  to,      ....  403 

of  gun-powder  to  North  Carolina,  allowed,        .  398 
of  neat  cattle  and  sheep  to  Halifax,  allowed,    .  592 
of  provisions  : 
to  Antigua,  allowed,  .....  621 

to  Bay  of  Honduras,  allowed,     383  bis,  405,  430, 

439,  518,  554,  676 

to  Esquel,  allowed,      .....  375 

to  Essequibo,  allowed,  ....  562 

to  Jamaica,  allowed,  .....  576 

to  Jamaica    or    the   Bay   of   Honduras,    al- 
lowed,        .  .  .  .  .  .599 

to  Newfoundland,  allowed,  .  .  •  437,  482 

to  St.  Christopher  and  other  islands,  allowed,  404 
to  Surinam,  allowed,    317,  371,  388,  395,  447,  488, 

512,  540,  601 
to  the  English  West  Indies,  allowed,  431,  451,  554 
to  the  West  Indies,  allowed,          .          .          .  498 
to  the  French  to  be  prevented,     .          .          .  295 
of  sheep  to  Newfoundland,  allowed,          .          .  591 
of  ship  bread  to  Jamaica,  allowed,            .          .  427 
EXPRESS. 
allowance  to  Samuel  Harnden  for  expenses  in 
going,    with    soldiers    for    defence    of 
Richmond  Fort 580 


F. 


FALLTOWN,  Township  of. 
garrisons  at,  relative  to,         344,  395,  473,  624,  708 
petition  of  inhabitants  of,  report  of  committee 

on,   .  .  .  .  .  .  .  208 

taxes  in,  relative  to,       .  .  .  .  .50 


FALMOUTH,  Town  of,  York  County. 

New  Casco,  part  of,  erected  into  a  pre- 
cinct,        .  .  .  .  .  .76 

Second  parish  in,  records  of,  declared  good  and 

valid,         ......  538 


Index. 


833 


FABAIEBS   OF   EXCISE. 

allowed  more  time  to  lodge  their  receipts,  .  725 

bonds  of,  account  of,  to  be  recorded  by  the 

Secretary,  .  .  .  .35 

bonds  taken  of,  for  duties  on  tea,  etc.,  relative 

to  date  of, 618 

delinquent,  Province  Treasurer  to  sue,     .  .     36 

in  Barnstable  County: 
committee  to  choose,    27,  187,  243,  373,  459,  613, 

647,  662 
David  Gorham,  appointment  of,  .  .     79 

Nathaniel  Little,  appointment  of,  .     312,  536 

Solomon  Otis,  appointment  of ,     .  ...  457 

in  Bristol  County: 
committee  to  choose,    27,  188,  243,  373,  459,  614, 

662,  758 
Joseph  Joslyn,  appointment  of,    .  .  .  533 

Capt.  Joseph  Joslyn,  appointment  of,    .  .  310 

Capt.  George  Morey,  appointment  of,    .  .     75 

Samuel  White,  Province  Treasurer  to  deliver 

up  bond  of,         .  .  .  .  .76 

in  Dukes  County,  County  of: 
committee  to  choose,    27,  188,  243,  374,  459, 


Nathaniel  Little,  appointment  of, 
in  Essex  County: 
committee  to  choose,    25,  186,  242,  372, 

William  Coffin,  appointment  of,  . 
Peter  Frye,  appointment  of, 
Capt.  Peter  Frye,  appointment  of, 
Edward  Harrington,  appointment  of,    . 
John  Hunt,  appointment  of, 
in  Hampshire  County: 
committee  to  choose,    26,  187,  245,  372, 


Noah  Ashley,  appointment  of, 
David  Ingersoll,  appointment  of, 
Elisha  Pomroy,  appointment  of, 
in  Middlesex  County: 
committee  to  choose,    26,  186,  245, 

Elisha  Jones,  appointment  of, 
Ezekiel  Price,  appointment  of, 
Braddyal  Smith,  appointment  of, 
William  Story,  appointment  of,    . 
in  Nantucket  County: 
committee  to  choose,    28,  188,  244, 

Thomas  Arthur,  appointment  of, 
Obed  Hussey,  appointment  of,     . 
in  Plymouth  County: 
committee  to  choose,    26,  187,  242, 


457, 
645, 


458, 
639, 


614 
663 
577 

612, 
661 
319 
236 
509 
544 
101 

613, 
661 
54 
230 
536 


372, 
612 


458, 
631, 


487, 

661 

.  312 

.  409 

.  509 

114,312,704 


374, 
637, 


373, 


460, 
,663, 
330, 
51, 

458, 
627, 


Seth  Bryant,  appointment  of, 
Theophilus  Cotton,  appointment  of, 
Joseph  Joslyn,  appointment  of,    . 
Josiah  Keen,  appointment  of, 
in  Suffolk  County: 
committee  to  choose,    25,  186,  246,  372, 


457, 


Samuel  Adams,  appointment  of, 
WiUiam  Coffin,  appointment  of,  .  .     510 

Elisha  Jones,  appointment  of,       .  .     293, 

William  Whit  well,  appointment  of, 
in  Worcester  County: 
committee  to  choose,    26,  187,  246,  271,  373, 
613,  652,  661 
committee  to  choose,  allowance  to, 
Maj.  John  Chandler,  appointment  of,    . 


614 

761 

637 

,537 

613, 
662 
344 
93 
530 
530 

612, 

660 

84 

,705 

,318 

398 

458, 

,667 

229 

289 


290 
54 

442 
643 
530 


FABMEBS    OF   EXCISE  —  continued. 
in  Worcester  County — continued. 
Nathaniel  Green,  appointment  of, 
John  Hunt,  appointment  of. 
Col.  Moses  Marcy: 
appointment  of,       . 
remittance  to,  .... 

Ezra  Taylor,  appointment  of, 
in  York  County: 
committee  to  choose,    27,  188,  243,  374,  459,  614, 

637,  662 

Foxwell  Curtis  Cutt,  appointment  of,    .  .  230 

Capt.  Ichabod  Goodwin,  appointment  of,   319,  561 

Elisha  Jones,  appointment  of,       .  .  .  101 

Joseph  Simpson,  jr.,  appointment  of,    .        .  .  429 

Province  Treasurer  to  issue  executions  against,  358 

FAST. 

relative  to  the  appointment  of,    292,  339,  371,  410, 

493,  566,  693 
FERRY. 
Amesbury,  Thomas  Pearson  licensed  to  keep  an 
inn  at,       .....  . 

between  Portland  and  Kittery: 
keeper  of,  license  granted  to,  as  innkeeper,    . 
FIELD    OFFICERS. 
in  Crown  Point  expedition,  committee  of  war 
to  provide  stores  for, 
FINES. 
Capt.  John  Crane  to  be  re-knbursed  from,  for 
money  advanced,        .... 

Capt.    Benjamin    Newhall   to   be   re-imbursed 

from,  for  money  advanced, 
remission  of: 
to  Belhngham,  ...... 

to  Hardwick,      ...... 

to  Norton,  ...... 

to  Jonathan  Sheple,    ..... 

FIREWOOD. 

for  lighthouse,  allowance  for,  85,  256,  427 

FISH. 
in  Merrimac  River,  relative  to  measures  to  be 
taken  to  prevent  the  destruction  of, 
FORGERY. 

of  counterfeit  order,  relative  to,      . 
FORTS. 
appropriation  for,  and  garrisons: 
transfer  from   appropriation   for  grants   to, 

659,  699 
transfer  from,   to  appropriation  for   Crown 

Point  expedition,         .  .  369,  393 

transfer  from,  to  appropriation  for  payment 

of  members  of  the  General  Court, 
transfer  from,  to  appropriation  for  payment 
of  soldiers,  ..... 

transfer  from,  to  appropriation  where  there 
is  no  establishment,    .... 

transfer  of  balance  of  appropriation  for  fire- 
arms to,    . 
and  garrisons,  iron  wheels  to  be  provided  for 
cannon  at,  ..... 

Castle  William: 
barracks  at: 
allowance  for  building,      .... 

blankets  to  be  furnished, 
to  be  painted  on  the  outside,     . 
wood  and  candles  to  be  supplied  forces  in,  . 
John  Brock,  second  gunner  at,  allowance  to,  672 
cannon  at,  iron  wheels  to  be  provided  for,     .     97 
cannon,  etc.,  for,  allowance  to  the  Governor 

for  expenses  in  obtaining,    .  .  .53 


672 


125 


328 


729 

765 

428 
238 
169 
630 

,664 


507 


337 


305 


305 


305 


659 


293 
666 

586 
671 


834 


Index. 


FOBTS  —  continued. 
Castle  William  —  continued. 
chaplain  at,  allowance  to,    .  92,  265,  414,  676 

committee  on  repairs  at,  allowance  for,  .  254 

fire-arms  for,  relative  to,      .  .  .  184 

gunners  at,  establishment  of  wages  of,       541,  673 
»     lieutenant  at,  allowance  to,  92,  265,  414,  676 

Josiah  Mead  to  be  posted  as  supernumerary  at,  268 
new  boat  at,  committee  in  regard  to,    .  .  204 

platforms  at,  committee  to  repair,         .  .  305 

sick  soldiers  returning  from   Albany  to  be 

landed  at 609 

shot,  etc.,  to  be  provided  for,       .  .  .  593 

Fort  Dummer: 
Nathan  Willard,  commander  of: 
petition  of,  for  garrison  to  be  re-inforced, 

granted,    ......  377 

men  to  be  posted  at.  .  .  .       344,  395,  497 

Fort  Edward: 
allowance    to    Samuel    Lowell   and   William 

Merritt  at 589 

non-commissioned   officers   and   soldiers   at, 

relative  to  clothing  for,        .  .    448,  587 

soldiers  in  service  at,  relative  to  the  enlistment 
of,  for  the  proposed  Crown  Point  ex- 
pedition,  ......  456 

Fort  Frederick  (Pemaquid) : 
Capt.  John  North,  commanding  officer  at: 
John  McKethney  to  give  evidence  in  regard 

to, 765 

men  to  be  posted  at,  .  .       344,  395,  473,  707 

repairs  at,  etc.,  relative  to,  ...     97 

Fort  Halifax  (Taconick): 
Capt.  John  Wright,  late  commander  of: 

muster-roll  of,  to  be  examined,  .  .  717 

allowance  for  work  done  at,  .  .  .  447 

allowance  on  account  of  loss  of  time,  wounds, 
etc.,  while   in  service  at,  to  Jonathan 

Nutting 342 

allowance  to  Thomas  Lawrence  for  expense 

of  sickness  contracted  while  erecting,    .  205 

coehorn  mortars  to  be  sent  to,      .  .  .241 

fortifications  at,  relative  to,  ...  246 

garrison  at: 

enhstment  of  men  to  relieve,  relative  to,    558, 

586,  593 
snow-shoes  and  moccasins  to  be  provided 

for, 215 

to  be  increased,        .....  215 

guard  for,  to  protect  stores  and  workmen,       .  377 
John  Love,  soldier  at,  account  allowed,  .  646 

men  to  be  posted  at,  .  .        344,  395,  472,  707 

stores  for,  relative  to,  ...    251,  495 

to  be  provided  with  beds,  etc.,     .  ,  .  244 

Fort  Massachusetts: 
allowance  on  account  of  loss  of  time,  wounds, 
etc.,    while    in   service    at,    to    Robert 
Eames,  for  son,  .  .  .  .67 

bounty    for    men    enlisting    for    service    at, 

estabUshed,         .....  349 

chaplain  at,  wages  of,  estabhshed,         .  .  531 

garrison  at,  relative  to,       181,  183,  344,  395,  473, 

624,  694,  708 
German  township  at,  relative  to,  .  8,  19 

wages    due    Elkanah    Paris    for    service    at, 

allowed,    ......  350 

Fort  Richmond: 
interpreter  at,  relative  to,   .  .  ,  .82 

repairs  at,  etc.,  relative  to,  ...     97 

to  be  dismantled,        .....  344 


FOBTS  —  continued. 
Fort  William  Henry: 
Col.  Jonathan  Bagley,  commander  at: 

allowance  to,  .....  504 

Capt.  David  Mason,  commander  of  the  train 
of  artillery  at,  establishment  of  wages 

of 519 

allowance  to  Jeduthun  Baldwin  for  services 

at, 630 

non-commissioned   officers   and   soldiers   at, 

relative  to  clothing  for,        .  .    448,  587 

one  of  the  committee  appointed  to  reside  at 

Albany  to  be  stationed  at,  .  .  .  504 

soldiers  in  service  at,  relative  to  the  enlist- 
ment of,  for  the  proposed  Crown  Point 
expedition,  .....  456 

wages  due  carpenters  for  work  done  at,  ac- 
count of,  allowed,        ....  454 
wages   due    Indian   for   service   at,    allowed 

Philip  "VMieeler 571 

Fort  at  Brunswick: 
Cornelius  Cavenaugh  to  be  sent  to,        .  .  260 

gun  broken  at,  allowance  for,        .  .  .  317 

men  to  be  posted  at,  .        344,  395,  473,  707 

wages  due  Cornelius  Cavenaugh  allowed 
selectmen  of  District  of  Danvers  for 
support  of  his  wife  and  children,  .  409 

Fort  at  Number  Four: 
garrison  at,  relative  to,        .  .  .     121,  239 

men  to  be  enhsted  to  serve  as  soldiers  at,      .  261 
Fort  at  St.  George's  River: 
interpreter  at,  allowance  to,  .  .  .  330 

men  to  be  posted  at,  .  .        344,  395,  473,  707 

repairs  at,  etc.,  relative  to,  .  .  .97 

fort  near  Lake  George: 

soldiers  stationed  at,  allowance  to,        .  .  545 

fort  to  be  built  between  Fort  Massachusetts 

and  Hudson  River,     ....  225 
fort  to  be  built  on  Kennebec  River,  relative 

to 144,  174 

Henderson's  Fort  (near  Pleasant  Point): 
men  to  be  postea  at,  .  .  .      500,  545,  707 

PBAUD. 

practised  by  David  Ingersoll,  relative  to,  .  378 

FREDEBICK,  FOBT,  at  Pemaquid. 
Capt.  John  North,  commanding  officer  at: 
John  McKethney  to  give  evidence  in  regard 

to 765 

men  to  be  posted  at,      .  .        344,  395,  473,  707 

repairs  at,  etc.,  relative  to,     .  .  .  .97 

FBENCH  NEUTRALS. 
Peter  Bodroit  and  family,  to   be   transferred 

from  Scituate  to  Dudley,     .  .  .  754 

certain  family  of,  to  be  continued  under  care  of 

Thomas  Hutchinson,  .  .  .  598 

certain,  residing  at  Gloucester  to  be  transferred 

to  Wenham  and  Methuen,  .  .  .  594 

canoes  left  at   Sandwich  belonging   to,  to  be 

sold 700 

disposition   of,    etc.,   relative   to,     401,   423,   425, 

428,  529 
Margaret  Dowsett,  to  be  allowed  to  live  with 

her  brother  at  Newbury,      .  .  .  694 

family  of,  to  be  transferred  from  Littleton  to 

Harvard,  ......  596 

from  Georgia,  to  be  committed  to  sheriff  of 

Suffolk  County 572 

in  Boston,  to  be  removed,       ....  579 
in    Charlestown    and    Marblehead,    to    be    re- 
moved,     ......  606 


Index. 


835 


FRENCH   NEUTRALS  —  continued. 
in  Needham,  to  be  removed,  .  .  .  772 

in  Salem,  to  be  removed,         ....  670 

in  Waltham,  to  be  removed,  ....  760 

Francois  Le  Blanc  : 
and    fanaily    to    be    transferred    from    Point 

Shirley  to  Needham,  ....  594 

to  be  transferred  from  Point  Shirley  to  town 

of  York,    ......  582 

Belloni  Melancon,  to  return  to  Lancaster,  .  691 

Charles  Mius  and  family  : 
to  continue  in  Marshfield,    ....  723 

to  be  transferred  from  Plymouth  to  Wareham,  663 
James  Morris  and  family  : 

allowed  to  live  in  the  Province  under  condi- 
tions, ......  680 

to  reside  in  Leicester  and  Spencer,         .  .  593 

John  Pelerine  and  family,  to  be  transferred  to 

Wareham,  .....   748 

Magdalen  Pellrin,  family  of,  not  to  be  removed 

from  Boston,      .....  591 

on  transports  in  Boston  Harbor,  relative  to,     .  400 
restrained  from  travelling  about,     .  .  .  556 

selectmen  or  Overseers  of  the  Poor  to  furnish  a 

list  of,  in  their  several  towns,        .  .  644 

support  of  : 
account  of  the  charges  for,  committee  to  pre- 
pare, ......  737 

committee    to    confer    with    Gov.    Lawrence 

relative  to,  ...  .    668,  679 

committee  to  examine  charges  for,     551,  535,  542 
selectmen  of  certain  town  to  render  accounts 

of  charges  for,    .....  606 

Eleanor  Tibaudeau,  petition  of,   to  have  her 

niece  live  with  her,  granted,  .  .  577 

FRENCH   PRISONERS. 

entertaining,  accounts  allowed,        .  .  .  466 

FRIENDSHIP,  the  brigantine. 

flour  to  be  exported  on,  to  Surinam,         .  .  384 

FRONTIERS. 
between    Connecticut    and    Merrimac    Rivers, 

fortifications  on,  relative  to,  .    226,  228 


FRONTIERS  —  continued. 
relative   to   subsistence   of   soldiers  impressed 
on,    ....... 

soldiers  enlisting  on,  relative  to,      . 
FRONTIERS,  EASTERN. 
allowance  on  account  of  loss  of  time,  wounds, 
etc.,    while   in    service   on,  to    Robert 
Due 


437 

478 


441 


.  241 

.  184 

.  356 

343,  347, 


allowance  to  Governor  for  services  on, 
chaplain  for,  allowance  to, 
enlistment  of  volunteers  on,  relative  to, 
estabUshment  of  forces  on,  relative  to, 

395,  472,  475,  694,  707 
forces  on: 
commander  for,  to  be  appointed,  .  .  540 

part  of,  to  be  dismissed,       ....  616 

fortifications  on,  relative  to,  .  .  .    225,  229 

inhabitants  of.  Commissary  General  to  deliver 

gun-powder  to,  .  .  .  .  .  316 

new  township  on,  further  time  allowed  for  set- 
tlement of,  ....  . 

relative  to  enlisting  men  for,  .  144,  153  bis, 

soldiers  on,  going  to  meeting,  to  be  armed, 
wages  due  Joseph  Metcalf  for  services  on,  al- 
lowed,       ...... 

FRONTIERS,    NORTHERN. 

forces  on,  establishment  of  wages  of,         .     475, 
FRONTIERS,   WESTERN. 
billeting  soldiers  on,  allowance  for, 
bounty  allowed  soldiers  on,  for  Indian  prisoners 
and  scalps,  ..... 

bounty  for  men  enlisting  for  service  on,  estab- 
lished,       ......  349 

certain  garrisons  on,  men  to  be  dismissed  from,  624 
establishment  of  forces  on,  relative  to,       .    343,  347, 
395,  472,  475,  694,  707 
John  Fletcher  to  be  assigned  to  garrison  duty 

on 370 

fortifications  on,  relative  to,  .  .  .     225,  228 

soldiers  on: 
going  to  meeting,  to  be  armed,     .  .  .  388 

wages  due,  allowed,    .....  380 


210 
174 

388 


160 


709 


291 


349 


G. 


GARDNER    CANADA   TOWNSHIP. 

further  time  allowed  for  settlement  of,     . 
GENERAL   ASSEMBLY. 
expenses  incurred  in  attending,  allowance  for: 
to  Michael  HoUonback,         .... 

to  Josiah  Loomis,        ..... 

to  John  McArthur,      ..... 

guardians  of  Puncapaug  Indians   directed  to 
attend,      ...... 

John  McKethney  directed  to  attend, 
members  of: 
transfer  from  appropriation  for  forts  and  gar- 
risons for  payment  of, 
transfer  from  appropriation  for  grants  to  ap- 
propriation for  payment  of,  .     131,  659 
to  extend  thanks  to  the  Governor  for  obtaining 
the  cannon,  etc.,  for  Castle  William, 
GEORGETOWN,  Town  of. 
certain     inhabitants    of,     with     their    estates, 
erected  into  a  precinct, 
GERMAN  EMIGRANTS. 
in    township    at    Fort   Massachusetts,   relative 


216 


104 
1#4 
315 

103 
765 


.  305 


53 


39 


GLOUCESTER,  Town  of. 
certain  French  Neutrals  in,  to  be  removed. 


8,  19 


594 


GLOUCESTER,  Town  of  —  continued. 

First  parish  in,  room  in  the  gallery  of  meeting- 
house in,  to  be  sold,   ....  745 

inhabitants  of  the  Cape  lands  in,  with  their  es- 
tates, erected  into  a  precinct,        .  .     94 
GOODRICH'S   GARRISON. 

at  Pontoosuck,  men  to  be  posted  at,  .     473,  708 

GORE. 

of  land  adjacent  to  District  of  Charlton,  peti- 
tion of  inhabitants  of,  and  of  the  Dis- 
trict of  Charlton,  to  be  erected  into  one 
town  or  district,  .  .     516,  544,  Cl9 

of  land  between  Braintree  Farms  and  Brook- 
field,  to  be  included  in  District  of  New 
Braintree,  .....  340 

of  land  in  Worcester  County,  annexed  to  town 

of  Sturbridge 193 

GORHAMTOWN       (Narragansett       Township 
Number  Seven). 

boundary     between     Narragansett     Township 

Number  One  and,  to  be  settled,  .  .     93 

confirmation  of  plan  of,  .  .  .  .89 

GOVERNMENT   LOTTERY. 

Arthur  Savage,  clerk  at  the  drawing  of,  allow- 
ance to,     .  .  .  .  .  .65 


836 


Index. 


GOVEEN]MENT   LOTTEEY  —  continued. 
tickets,  in  the  hands  of  the  late  treasurer,  rela- 
tive to,      .....  .   146 

tickets,  received  of  Treasurer  Gray,  report  of 

committee  on,    ....     127,  218 

GOVEBNMENT   SECUBITIES. 
redemption  of  certain,  relative  to,  .  .  .     34 

etc.,  in  the  hands  of  the  Province  Treasurer 
(Harrison  Gray;: 
committee  to  burn,  relative  to,    41,  127,  178,  218, 
363,  391,  545,  568 
etc.,  in  the  hands  of  the  late  Province  Treasurer 
(William  Foye): 
committee  to  bum,  relative  to,    21,  105,  111,  146 
GOVERNOB. 
WiUiam  Shirley: 
allowance  to,  for  services,   .  .        241  bis,  581 

allowance  to,  for  expenses  in  obtaining  can- 
non, etc.,  for  Castle  William, 
interpreter  at  interviews  between,  and  the 

Western  Indians,  allowance  to,    . 
letters  from,  and  Maj.  Gen.  Johnson,  report 
of  committee  on,         .... 

reception  of,  committee  to  provide  for, 
report  of  committee  on  speech  of,  relative  to 

the  Western  expedition, 
to  appoint  a  day  of  public  fast,    .       292,  339,  493 
to  appoint  a  day  of  Thanksgiving,         .  .  202 

to  appoint    commissioners    for    distributing 

presents  to  the  Eastern  Indians, 
to  appoint  men  to  explore  the  country  from 
Number  Four  to  Crown  Point  and  Otter 
Creek,        ...... 

to  commission  officers  for  enlisting  men  to 

re-inforce  Crown  Point  expedition, 
to  declare  v.'ar  against  Indians  east  of  Piscat- 

aqua  River,  except  the  Penobscot, 
to  enlist  additional  men  for  Crown  Point  ex- 
pedition, ...... 

to  give  orders: 
against  soldiers  on  the  frontiers,  enlisting 
in  any  other  service,  .... 

for  a  guard  to  the  commissioners  to  treat 

with  Eastern  Indians, 
for  a  scout  to  explore  the  way  to  Chaudi^re 
River,        ...... 

for  impressing  gun-powder, 
for  interpreter  at  Richmond  to  report  at 
Boston,     .  .  .  . 

for  sending  coehorn  mortars  to  Fort  Hali- 
fax, ...... 

for  the  confinement  of  the  subjects  of  the 
French  king,       ..... 

for  the  enlistment  of  men  for,  to  relieve  the 
garrison  at  Fort  Halifax  and  store-house 
on  Kennebec,     ....     586,  593 

for  withdrawal  of  forces  from  Hampshire 
County,     ...... 

relative  to  delivery  of  powder  for  Crown 
Point  expedition,         .... 

relative  to  drafting  men  from  certain  regi- 
ments   in    Hampshire    and    Worcester 
Counties,  ...... 

relative  to  men  at  Colrain  enlisting  in  the 
service,      .... 

relative  to  provisions,  stores,  etc.,  at  Fort 
Halifax,    ...... 

to  Commissary  General  to  deliver  cannons 
for  the  fortification  of  Provincetown 
and  Truro,  .....  702 


53 


21 


392 
33 


296 


36 


474 


365 


343 


300 


478 


53 


598 
365 


82 


241 


274 


239 


348 


597 


.  356 


495 


GOVSBNOB  —  continued. 
William  Shirley  —  continued. 
to  give  orders  —  continued. 
to  enlist  or  impress  recruits  for  Taconick  or 

Fort  Halifax 215 

to  send  CorneUus  Cavenaugh  to  Brunswick 

Fort 260 

to  the  enlisting  officers  in  the  proposed 
Crown  Point  expedition  for  continuing 
the  enlistment  of  soldiers,    .  .  .  487 

to  increase  garrison  at  Fort  Massachusetts, 

181,  183 
to  issue  proclamation  for  raising  men  in  this 

Province  for  Crown  Point  expedition,  .  294 
to  issue  proclamation  relative  to  soldiers  en- 
listing in  the  Western  expedition,  .  299 
to  lay  an  embargo,      ....     272,  274 
to  post  Josiah  Mead,  as  a  supernumerary  at 

Castle  William 268 

to  send  warlike  stores  to  Broadbay,      .  .  289 

to  settle  proportion  of  men  to  be  furnished  for 

Crown  Point  expedition.      .  .  .  499 

to  take  off  embargo  on  fishing  vessels,  .  .  287 

to  write  to  commanders  of  His  Majesty's  ships 
of  war  at  Newfoundland  to  prevent  the 
exportations  of  provisions  to  the  French,  295 
to  write  to  governor  of  Connecticut  relative 
to  trade  and  commerce  between  the  two 
governments,      .  .  .  .  .52 

GOVEBNOB   OF   NOVA   SCOTIA. 
[Charles]  Lawrence: 
committee  to  confer  with,  relative  to  the  re- 
imbursement of  charges  for  support  of 
French  Neutrals,         ....  668 
committee  to  wait  upon,  on  his  arrival,  ap- 
pointment of,     .  .  .  .  .  655 
GOVEBNOBS   ISLAND. 
fortification  on: 
committee  to  take  care  of ,  .          .          .  .  364 
to  be  repaired,  ..,,..  593 
GBAFTON   INDIANS. 
trustees  of: 
accounts  allowed,        .          .           12,  172,  327,  532 
to  reimburse  the  selectmen  of  Grafton  for  ex- 
penses of  Sarah  Burne,         .          .  .  286 
GBAPTON,  Town  of. 
French  Neutrals  to  be  transferred  to,       .          .  579 
selectmen  of,  to  be  reimbursed  by  trustees  of 
Grafton  Indians  for  expenses  of  Sarah 

Burne 286 

GBAMMAB   SCHOOL. 
grant  of  land  in  Pembroke,  etc.,  for  boundary 

of,  to  be  ascertained,  .  .  .20 

GBANT,  PABLIAMENTABY. 
disposition  of,  report  of  committee  on,     .  .  584 

Province  Treasurer  directed  in  regard  to,  .  588 

GBANTS. 
appropriation  for  : 
certain  sum  to  be  added  to,  .  .  .43 

one  month's  advance  wages  to  be  paid  to 

commissioned  oflBcers  from,  .  .  770 

transfer  from,    to   appropriation   for   contin- 
gencies,    ......  131 

transfer  from,  to  appropriation  for  forts  and 

garrisons,  ....    659,  669 

transfer  from,  to  appropriation  for  payment 
of  members  of  the  General  As- 
sembly  131,  659 

transfer  from,  to  appropriation  where  there  is 

no  establishment,        .  .      131.  586,  620 


LSTDEX. 


837 


.  691 

.  239 

.  624 

344,  473,  708 


550 
497 


GBEENFIELD,  District  of. 
■  allowance  to  inhabitants  of,  to  build  fortifica 
tions, 
forces  in,  to  be  withdrawn,     . 
men  posted  at,  to  be  dismissed, 
men  to  be  posted  at, 
GREENWICH,  Town  of. 
proprietors  of  Hardwick  and,  agreement  be- 
tween, ratified  and  confirmed, 
tax  to  be  assessed  upon  all  lands  in, 
GBOTON,  Town  of. 
assessment  of  taxes  in,  relative  to, 
certain  inhabitants  of,  with  their  estates,  an- 
nexed to  Dunstable,   .... 

GUARD. 
for  provisions,  etc.,  for  Crown  Point  expedition, 

relative  to, 
for  Township  Number  Four,  to  be  provided,    . 
sloop  Massachusetts   to   be   employed   to,   the 
coast,         ...... 

to    the   commissioners    to   treat   with   Eastern 
Indians,  to  be  provided, 
GUARDIANS. 
Nathaniel  Felton  and  Joshua  Hammond,  and 

heirs,  impowered  to  sell  real  estate, 
Isaac  Packard,  of  heirs  of  Joseph  Field,  im- 
powered to  sell  an  estate,    . 
Jane  Prince,  with  others,  impowered  to  sell  real 
estate,        .  .  .  .  .  '         . 

of  children  of  Ebenezer  Ashley,   with  others, 
impowered  to  settle  estate  of  Phineas 
Ashley,      ...... 

of  children  of  Samuel  Healy  impowered  to  sell 
land,  ...... 

of   children   of  John   Mead  impowered   to  sell 
land,  ...... 

of    children    of    Joseph    Sawyer,    petition    of, 
relative  to  the  division  of  the  estate,     . 
of  Dudley  Indians,  appointment  of, 
of  Martha's  Vineyard  Indians  : 
appointment  of, 
relative  to  the  accounts  of, 
of  Mashpee  Indians  : 
appointment  of, 
impowered  to  execute  deed  of  sale  to  Ebenezer 

Thomas, 340 

of  Nantucket  Indians,  appointment  of,    .  .110 

of  Natick  Indians  : 
appointment  of,  .  .  .  .  .110 

impowered  to  set  off  rights  in  the  common 
lands,  belonging  to  certain  Indians  of 
Providence,        .....  334 
to  assist  in  sale  of  land,     60,  61,  75,  116,  142  bis, 
143,   148,   195,  218,   308,  335  bis,  337,  354, 
421  bis,  548,  555,  605  bis,  610,  655,  656 
of  Plymouth  Indians  : 

account  allowed,  .....  738 

of  Puncapaug  Indians  : 
account  allowed,  .....  548 

appointment  of 238,  287 

complaint   against,   report   of   committee  in 

regard  to,  ...       103,  120,  220 

impowered  to  settle  boundary  between  their 

lands  and  the  English,  .  .  .  615 

late,  account  of,  allowed,     ....  £03 
to  pay  Nelson  Finney  for  doctoring,  etc.,  an 

Indian 241,  333,  514 

witnesses  to  be  summoned  in  case  of,   .  .  106 

of  Titticut  Indians  : 
appointment  of,  .  .  .  .  .110 


206 


10 


475 
261 


574 


53 


577 


574 


651 


43 


130 


182 


48 
110 


110,  451 
154,  353 


110 


GUARDIANS  —  continued. 
of  Titticut  Indians  —  continued. 
relative  to  approval  of  petitions  for  sale  of 

land,  by,   .  .  .  .  .  .67 

to  assist  in  exeoiting  a  deed,         .  .  .   185 

to  assist  in  sale  of  land,        .  .       132,  137,  153 

to  pay  account  of  Benjamin  Tucker,  coroner,   151 

of  Indians  east  of  Barnstable,  appointment  of,   110 

of  Indians  in  Dartmouth,  appointment  of,        .   110 

of  minors  : 

impowered  to  convey  land  on  Ann  Street  to 

Boston,     ......  160 

impowered  to  execute  a  deed,     275,  297,  569,  570 
impowered  to  sell  land,    23,  45,  59,  63,  64,  74,  78, 
83,   88,   100,   122,    140,    180,   182,   197,   213, 
273,  285,  297,  303,  306,  309,  360,  411,  412, 
420,  427,  547,  548,  588,  625,  635,  642,  735, 
747,  752 
of  estate  of  Nathan  Bradley,  relative  to  the 

appointment  of,  ....  516 

petition    of,    relative    to    settlement    of    an 

estate,       ......  131 

of  persons  non  compos  : 
Elisabeth  Barker  and  others,  impowered  to 

sell  land,   ......      13 

Robert  Barber,  impowered  to  purchase  land,  537 
Ebenezer  Fuller,  impowered  to  sell  real  estate,  307 
Amos  Gates,  impowered  to  sell  land,     .  .   711 

Joseph  Lynde,  impowered  to  sell  real  estate,  210 
William  Marshall,  impowered  to  execute  a 

warranty  deed,  ....  548 

Ephraim    Sartwell,    impowered    to    sell    real 

estate,       .  .  .  .  .  .11 

Jeremiah  Tucker,   impowered   to  execute  a 

deed,  ......  616 

Benjamin  Woodbury,  impowered  to  sell  land,  138 
GUNNERS, 
at  Castle  William  : 
John  Brock,  second  gunner : 
allowance  to,  .  .  .  .  .  .  672 

establishment  of  wages  of,  .  .  .    541,  673 

at  Fort  Edward  : 
allowance  to,  for  services,  etc.,     .  .  .  589 

GUNS. 
allowed  to  Joseph  Munroe,     ....  350 

and   clothing,  allowance  to  heirs  of  Jonathan 

Hidden  for, 631 

appropriation  for  fire-arms,  balance  of,  trans- 
ferred to  appropriation  for  forts  and 
garrisons,  .....  659 

arms,  etc.,  delivered,  for  the  late  Crown  Point 

expedition,  relative  to  the  return  of,  652,  695 
arms,  etc.,  relative  to  the  purchase  of,    184,  189  bis, 

264,  351,  364 
arms,  etc.,  to  be  furnished  for  Truro,       .  .  532 
arms  for  Castle  William,  relative  to,         .  .  184 
arms  or,  for  Crown  Point  expedition,  to  be  pro- 
vided  358,  475 

arms  or,  impressed  for  Crown  Point  expedition, 

relative  to,  .  .  .      387,  465,  489 

arms,  payment  of,  excise  on  tea,  etc.,  to  be 

mortgaged  as  partial  security  for,  .  189 

arms  returned,  no  stoppage  from  wages  of  cer- 
tain soldiers  to  be  made  for,  .  .  692 
arms,  tents,  etc.,  for  forces  under  command  of 

the  Earl  of  Loudoun,  to  be  provided,    .   700 
arms  used  for  Crown  Point  expedition,  allow- 
ance to  town  of  Boston  for,  .  .  362 
broken  at  Brunswick  Fort,  allowance  for,          .  317 
etc.,  to  be  provided  on  sloop  Massachusetts,     .  574 


838 


Index. 


GUNS  —  continued. 
fire-arms,  present  of,  from  His  Majesty,  relative 

to 619 

furnished   for  Crown  Point  expeditions,  allow- 
ance for  : 
to  Jonathan  Ingell,     .....  575 
to  Jonathan  Meacham,         ....  713 
lost    in    Crown    Point    expedition,    allowance 

for,  483,  497,  500,  501,  503,  519,  549,  646, 

698  bis,  703,  706,  719,  720,  727  bis,  736,  737 

lost  in  Louisburg  expedition,  allowance  for,  24,  701 


GUNS  —  continued. 
lost  in  public  service,     ....     133,  644 
old,  etc.,  to  be  disposed  of,     .  .  .  .97 

Province  arms  : 
account  of,  to  be  taken,      .  .  .    677,  688 

persons  in  Hampshire  County  possessing,  to 

be  prosecuted,    .....  722 
persons  in  Worcester  County  possessing,  to 

be  prosecuted,    .....  721 
persons  possessing,  to  be  prosecuted,     .  .  721 


H. 


HADLEY,  Town  of. 
bounds  to  be  ascertained  of  grant  of  land  for- 
merly made  to,  ....  665 
HALIFAX,    FORT.    (Taconick.) 
Capt.  John  Wright,  late  commander  of: 

muster-roll  of,  to  be  examined,    .  .  .  717 

allowance  for  work  done  at,   .  .  .  .  447 

allowance  on  account  of  loss  of  time,  wounds, 
etc.,  while  in  service  at,   to  Jonathan 

Nutting 342 

allowance  to  Thomas  Lawrence  for  expense  of 

sickness  contracted  while  erecting,         .  205 

coehorn  mortars  to  be  sent  to,         .  .  .241 

fortifications  at,  relative  to,    .  .  .  .  246 

garrison  at: 

enlistment  of  men  to  reUeve,  relative  to,    658,  586, 

593 
snow-shoes  and  moccasins  to  be  provided  for,  215 
to  be  increased,            .          .          .          .  .215 
guard  for,  to  protect  stores  and  workmen,        .  377 
John  Love,  soldier  at,  account  allowed,   .  .  646 
men  to  be  posted  at,      .          .        344,  395,  472,  707 
stores  for,  relative  to,    .          .          .          .     251,  495 
to  be  provided  with  beds,  etc.,         .          .          .  244 
HALIFAX,  Town  of. 
neat  cattle  and  sheep  to  be  exported  to,            .  592 
Province  tax  in,  abatement  of,        .          .          .  299 
HAMPSHIRE    COUNTY. 
billeting   Connecticut  soldiers  in,  account  al- 
lowed  381,434 

certain  regiments  in,  men  drafted  from,  relative 

to 597,  600 

courts  in,  adjourned,      ....     198,  650 

deputy-sheriff  in,  allowance  to,  for  services,      .  540 
division  of  lands  in  township  of  Pontoosuck  in, 

relative  to,  ...  .     156,  179 

farmers  of  excise  in: 
committee  to  choose,    26,  187,  245,  372,  458,  613, 

639,  661 

Noah  Ashley,  appointment  of,      .  .  .     54 

David  IngersoU,  appointment  of,  .  .  230 

Elisha  Pomroy,  appointment  of,  .  .  536 

forces  in,  relative  to,      .  .  .  .  .  239 

grant  of  land  in,  to  Daniel  Grainger,        .  .  632 

persons   in,    possessing   Province   arms   to   be 

prosecuted,         .....  722 

treasurer  of,  account  allowed,  .  .  .  190 

unappropriated  lands  in,  grant  of,  to  widow  and 

children  of  Capt.  Phineas  Stevens,         .  658 
HANOVER,  Town  of. 
French  Neutrals  in,  to  be  removed,  .  .  579 

taxes  in,  relative  to,       .....  227 

HARDWICK,  Town  of. 
fine  remitted  to,    .  .  .  .  .  .  238 

impowered  to  sell  the  school  lands,  .  .     71 


HARDWICK,  Town  of  —  continued. 
proprietors  of,  and  Greenwich,  agreement  be- 
tween, ratified  and  confirmed,      .  .  550 
HARVARD,  Town  of. 

a  French  Neutral  family  to  be  transferred  to,    .  596 
HARVARD    COLLEGE. 
president  of,  allowance  to,      .  90,  272,  443,  673 

professor  of  divinity  of,  allowance  to,    90,  271,  413, 

674 
professor  of  Hebrew  at,  allowance  to,    92,  272,  413, 

674 
professor  of  mathematics  at,  allowance  to,    91,  272, 

413,  674 
HARWICH,  Town  of. 
constables  or  collectors  to  be  chosen  in,    .  .  235 

North  precinct  in,  confirmation  of  vote  of,        .  670 
South  precinct  in,  rates  of  assessors  of,  con- 
firmed and  established,        .  .  333 
HASSANIMISCO    INDIANS.       (See    Grafton 

Indians.) 
HAWK'S    GARRISON. 
Charlemont,  men  to  be  posted  at,  relative  to, 

473,  694 
HENDERSON'S     FORT  (near  Pleasant  Point). 

men  to  be  posted  at,      .  .  .      500,  545,  707 

HIGHWAY. 
clearing  a,  towards  Albany,  allowance  for,  .     18 

in  Lynn,  relative  to,       ....  .  224 

HOBBS'    FIGHT. 
allowance  on  account  of  loss  of  time,  wounds, 

etc.,  in,  to  Samuel  Graves,  for  son,        .     65 
HOLDEN,  Town  of. 

taxes  in,  assessment  of,  ....  284 

HOLLISTON,  Town  of. 
allowance  to,  for  relief  of  persons  impoverished 

by  sickness,        .....  139 
French  Neutrals  to  be  transferred  to,       .  .  606 

HONDURAS,   BAY   OF. 
provisions  to  be  exported  to,    383  bis,  405,  430,  439, 

518,  554,  576 
HONDURAS,  the  ship. 
Daniel  McCarty,  master: 
provisions  to  be  exported  on,  to  Jamaica  or 

the  Bay  of  Honduras,  .  .  .  599 

HOOSAC,  West  Township  of. 
billeting  men  posted  at,  relative  to,  .  .  628 

blockhouse  at,  provisions  at,  relative  to, .  .  680 

blockhouse  to  be  erected  at  The  Square  in,       .  432 
meeting  of  proprietors  to  be  called  at,      .  .     39 

men  to  be  posted  at,      .  .  .  .     473,  708 

HOPKINTON,  Town  of. 

French  Neutrals  to  be  transferred  to,       .  .  670 

HOPLANDS. 
relative  to  measures  taken  in  regard  to  making 

an  agreement  for,        .  .  .  ,30 


Index. 


839 


HORSES. 

impressed,  lost,  allowance  for,  ■.  .  .  497 

HOSPITAL. 
on  Rainsford  Island: 
agents  for  the  affairs  of  Nova  Scotia  allowed 

to  send  sick  soldiers  to,        .  .  .  546 

soldiers  with  infectious  diseases  to  be  sent  to,  533 
HOUSATONIC. 

unimproved  lands  at,  relative  to  sale  of,  .  .  182 

HOUSE    OF   REPRESENTATIVES. 
chaplain  of,  allowance  to,       .  91,  263,  414,  676 


HOUSE       OF      REPRESENTATIVES  —  con- 
tinued. 
clerk   of,   muster-rolls   relative   to   the   Crown 

Point  expedition  to  be  lodged  with,       .  658 
clerks  of,  allowance  to,  92,  265,  414,  676 

dinner  provided  for,  account  of,  allowed,  .  360 

members  of,  Temporary  Laws  for  certain,        .  394 
speaker  of,  allowance  to,         .  93,  263,  443,  675 

HUNTS    TOWN,  Township  of. 
inhabitants  of,  relative  to  the  protection  of,      .  567 
men  to  be  posted  at,      .  .  .  .  .  708 


I. 


IMPOST. 

commissioner  of: 
directions  to,  relative  to  exportation  of  cod- 
fish  271 

impowered  to  demand  an  account  of  provi- 
sions, etc.,  on  vessels  clearing  from  the 
ports  of  this  Province,  .  .  270 

impowered  to  take  bond  for  exporting  provi- 
sions, etc.,    371,  375,  383  bis,  384,  388,  395, 
404,  405,  427,  430,  431,  437,  439,  447,  451, 
482,  488,  498,  512,  518,  540,  554  bis,  562,  576, 
591,  592,  601,  621 
Daniel  Russell,  elected,        .  .  .     185, 361 

IMPRESSMENT. 
of  arms  for  Crown  Point  expedition,  relative 

to 387,466 

of  gunpowder,  relative  to,       .  .  .  .  365 

of  men  for  Crown   Point  expedition,  relative 

to, 382 

or  enlistment  of  men  to  serve  at  Taconick  or 

Fort  Hahfax 215 

of  seamen  to  man  the  snow.  Prince  of  Wales,    .  699 
IMPRISONMENT. 
Samuel  Bond  and  Stephen  Wesson  discharged 

from,  ......  560 

for  debt, 421,  696 

INDIAN   LANDS, 
power  to  convey,  granted,      ....  136 
relative  to,  belonging  to  Mattakeeset  Indians, 

419,581 

relative  to  sale  of,    57,  60,  61,  75,  116,  123,  132,  137, 

142  bis,  143,  148,  153,  185,  195,  218,  308,  332, 

334,  335  bis,  337,  340,  354,  421  bis,  548,  555, 

605  bis,  610,  655,  656,  738,  745. 

west  of  SheflBeld,  relative  to  the  purchase  of,  576, 

583,  660 
INDIAN   SCALPS. 
relative  to  bounty  allowed  for  Indian  prisoners 

and,    308,  343,  349,  356,  396,  472,  552,  598. 
616,  707 
INDIAN   SCHOOL. 

at  Stockbridge,  relative  to,     .  .119,  124,  141 

INDIAN   TRUCK-TRADE. 
allowance  for  expenses  of  commissioners  to  the 

Eastern  Indians,  to  be  made  from,        .     37 
allowance  for  presents  to  the  Eastern  Indians 

to  be  made  from,  .  .  .36 

certain  sum  as  a  present  to  the  Penobscot  and 
Norridgewock  Indians,  to  be  advanced 

from 198 

Commissary  Geneiai's  account  of,  allowed,  126,  127, 

302 
INDIANS. 
allowance  on  account  of  sufferings,  etc.,  caused 

by,  to  EHzabeth  Brown,      .  .  .•360 


INDIANS  —  continued. 
allowance  to  John  Robinson  for  sickness  and 

funeral  expenses  of  an  Indian,      .  .     98 

Joshua  Brand,  of  Needham,  impowered  to  sell 

land  in  Natick,  ....  605 

Daniel  How,  jr.,  taken  captive  by,  allowance  to,  318 
in  Dartmouth: 

guardians  of,  appointment  of,       .  .  .110 

interpreter  to,  allowance  to,  .  .  .     330,  336 

of  Providence,  Rhode  Island: 
Jeffry  and  Mary  Henry,  impowered  to  .sell 

land  in  Natick,  ....  334 

pension  to  Daniel  Job,  allowed,       .  .  .42 

wages  due  Peleg  Church,  on  muster-roll,   al- 
lowed,       ......  571 

Ephraim  Winship,   wounded  by,   pension   al- 
lowed,       ......  727 

Arasaguntacook: 
and  other  Indians  east  of  Piscataqua  River, 

war  to  be  declared  against,  .  .  343 

Dudley: 

guardians  of,  appointment  of,       .  .  .110 

east  of  Barnstable: 

guardians  of,  appointment  of,       .  .  .110 

Eastern: 
commissioners  to  treat  with: 
allowance  for  expenses  of,  .  .  .37 

guard  to  be  provided  for,  .  .  .53 

to  take  original  deeds  of  lands  in  the  eastern 
parts  of  this  Province,  .  .  .52 

presents  for,  to  be  purchased,       .  .  .36 

Grafton: 
trustees  of: 
accounts  allowed,     .  .  12,  172,  327,  532 

to  reimburse  the  selectmen  of  Grafton  for 

expenses  of  Sarah  Burne,    .  .  .  286 

Martha's  Vineyard: 
guardians  of: 
appointment  of,       .  .  .  .     110, 451 

relative  to  the  accounts  of,        .  .     154,  353 

Mashpee: 
guardians  of,  appointment  of,       .  .  .110 

impowered  to  sell  land,  to  Ebenezer  Thomas,  340 
Mattakeeset: 

relative  to  lands  of  certain,  .      419,  581,  738 

Middleborough: 
Job  Ahauton,  impowered  to  sell  land,  .  .  332 

petition  of  Job  Ahauton,  in  regard  to  a  deed,  145 
Mohawks: 
at  Stockbridge: 
account  of  Joseph  Dwight  of  disbursements 

on,  allowed,        .....  119 

allowance  to  Joseph  Dwight  to  provide  for,  122 
Joseph  Dwight  to  continue  school  for,  .  124 
expenses  of,  allowance  to  Maj .  Williams  for,     35 


840 


Index. 


INDIANS  —  continued. 
Mohawks  —  continued. 
at  Stockbridge  —  continued. 

interpreter  for  children  of,  allowance  to, 
relative  to  articles  provided  for  school  for,  . 
Nantucket: 
complaints  by,  relative  to,  .  .21, 

guardians  of,  appointment  of,       . 
Natick: 
Joshua  Brand,  allowed  to  enter  an  appeal,     . 
Joshua  Brand,  petition  of,  to  set  aside  a  judg- 
ment,        ...... 

guardians  of: 
appointment  of,        ....  . 

impowered  to  survey  and  set  off  land  in 
Natick  belonging  to  certain  Indians  of 
Providence,        ..... 

impowered  to  sell  land: 
administrator  of  Nathaniel  Coochuck, 
Thomas  Awonsamugg, 
Eunice  Brooks, 
Jacob  Chalcom, 
Joseph  Comeeho, 
Isaac  Ephraim, 
John  Ephraim, 
Joseph  Ephraim, 
Caesar  Ferrit, 


142,  218, 


198, 


guardian  of  Sarah  Wabon, 
Elisabeth  Lawrence, 
Samuel  and  Elisabeth  Lawrence, 
Sarah  Began, 

Joseph  and  Zipporah  Poignet,   . 
Samuel  Poignet, 
Elisabeth  Rumney-marsh, 
Daniel  Thomas, 
Benjamin  Tray, 
Norridgewock: 

presents  for,  relative  to, 
Penobscot: 
bounty  for,  or  scalps,  allowed, 
letters  from,  report  of  committee  on, 
presents,  for,  relative  to, 
relative  to,  becoming  our  allies,    . 
Plymouth: 

guardians  of,  account  allowed, 

Puncapaug: 

guardians  of: 

account  allowed, 

appointment  of,       . 

complaint  against,  report  of  committee  in 

regard  to,  ...      103,  120, 

impowered    to    settle    boundary    between 

their  lands  and  the  English, 
late,  account  of,  allowed, 
to  pay  Nelson  Finney  for  doctoring,  etc., 
an  Indian,  .  .  .      241,  333, 

witnesses  to  be  summoned  in  the  case  of,  . 
medical  attendance   upon,   account  for,   al- 
lowed,       ...... 

St.  Francois: 
volunteers  against,  encouragement  for,  rela- 
tive to,      . 
Six  Nations: 
commissioners  at  Albany  to  attend  interview 
with: 
appointment  of,        ....  . 

impowered  to  enter  into  articles  of  agree- 
ment, etc.,  .  .  .  .  . 

report  of  committee  on  instructions  to, 
resolve  for  sending,  .  .  .  . 


267 
141 

357 
110 

149 

200 

110 

334 

148 

655 

656 

195 

421 

61 

143 

335 

335 

548 

.     75 

.  308 

.  610 

.  555 

.  605 

.  142 

.  337 

.  354 

198,  215 


60, 
116, 


238, 


396 

17 

215 

379 

738 


548 

287 


220 


615 
603 


514 
106 


212 


308 


146 

157 
157 
133 


INDIANS  —  continued. 
Six  Nations  —  continued 
Thomas    Hutchinson    [commissioner]    to,    to 
pay    a    certain    sum    to    the    Province 
Treasurer  and  John  H.  Lydius,    .  .  281 

in  Crown  Point  expedition,  relative  to  wages 

of 338 

presents  to,  allowance  for,  ....  133 
relative  to  payment  of  money  advanced  for,  363 
settlement  of,  at  or  near  Stockbridge,  relative 

to 30 

Stockbridge: 
allowance  for  support  of  Wannanpaugus,       .  116 
land  belonging  to  John  Kuskshaump,  relative 

to  sale  of, 123 

land    belonging    to    William    Wohwohwoos, 

relative  to  sale  of,       .  .  .  .  745 

lands  purchased  of,  relative  to,     .  .  .  177 

report  of  committee  on  Governor's  message 

in  regard  to,       .          .          .          .          .  238 
Waupaumcorse    (killed),   allowance   to   rela- 
tives of 132 

Titticut: 
boundary     between     lands     of     Katherine 
Sachemus,  and  of  Nehemiah  Washburn 
to  be  settled,      .  .  .  .  .47 

Betty  David,  inquest  on  body  of,  allowance 

for 151 

Stephen  David,  impowered  to  convey  land,  .  136 
guardians  of: 

appointment  of,       .  .  .  .  .110 

impowered  to  sell  land  : 

Stephen  David 132,  153 

Hannah  Robbins,    .....   137 

James  Thomas,         .....  153 

relative  to  sale  of  lands  belonging  to,     .  .     57 

James  Thomas,  impowered  to  give  deed,        .  185 
trustees  of,  to  assist  in  sale  of  land,       .  .  332 

Western: 
interviews  between  the  Governor  and,  inter- 
preter at,  allowance  to,        .  .  .     21 
INDIGO. 

manufacture  of,  bounty  allowed  on,  .  .  179 

INDUSTRY,  the  schooner. 
William  Aish,  master: 

provisions  to  be  exported  on,  to  Surinam,      .  540 
Christopher  Hopkins,  master: 
provisions  to  be  exported  on,  to  Surinam,      .  395 
INJUNCTION. 
against  pubUshing  anything  relative  to  Crown 

Point  expedition,        .  .  .  .381 

INNKEEPERS. 
accounts  of,  for  entertaining  French  pri.soners, 

allowed,     ......  466 

Daniel  Giddings,  account  for  billeting  soldiers, 

allowed, 720 

John  Graton  impowered  to  recognize  as,  .  197 

licenses  granted  to  absent,  relative  to,     .     390,  424 
licenses  granted  to  the  following  persons  as: 
EHsabeth  Bailey,  Falmouth  (York  County),    .     77 

Peleg  Barker,  Pembroke 129 

Thomas  Bell,  Roxbury 135 

Spencer  Bennet,  Salisbury,  .  .  .  484 

Mary  BUI,  Boston 219 

Benjamin  Bowden,  Lynn,  ....  247 
James  Boyd,  Woburn,  ....  170 

Samuel  Bradford,  Middleton,        .  .  .80 

Mercy  Bradshaw,  Medford,  .  •  .61 

Henry  Young  Brown,  Haverhill,  .  .  201 

John  Champney,  Dorchester,        .  .  .  199 


Ikdex. 


841 


INNKEEPERS  —  continued. 
licenses  granted  to  the  following  persons  as  — 
continued. 
Oliver  Clark,  Newbury,         ....  426 
Charles  Colton,  Springfield,  .  .  .57 

James  Craig,  Rutland,  ....  407 

Thomas  Cushman,  Kingston,         .  .  .  488 

James  Davenport,  Boston,  .  .  ,  232 

Joshua  Davis,  Brookline,     .  .  .  -       .     96 

David  Day,  Attleborough,  ....  134 
James  Day,  Boston,    .....  114 

Edmund  Dix,  Chelsea 202 

Isaac  Dogget,  Medford,  ....  169 
Jonathan  Dwight,  Boston,  ....  219 
Ebenezer  Elhnwood,  Beverly,        .  .  .  620 

William  Foster,  Newbury,  ....  485 
Sarah  Fox,  Littleton,  .  .  .  .223 

Archelaus  Fuller,  Middleton,         .  .  .  129 

John  Goldsbury,  Wrentham,         .  .  .  392 

Joseph  Goldthwait,  Boston,  .  .  .  115 

Jonathan  Hawkes,  Medford,  .  .  .  490 

Samuel  Hayden,  Medford,  ....  270 
Daniel  Hewes,  Wrentham,  .  .  .     133.  219 

William  Hunt,  Tewksbury,  .  .  .  449 

James  Kitteridge,  Tewksbury,      .  .  .  131 

John  Lambert,  Taunton,  ....  327 
Samuel  Lethbridge,  Wrentham,   .  .  .  204 

Elisabeth  Libby,  Falmouth  (York  County),  .  77 
David  Lynde,  Leicester,  ....  292 
Peletiah  Man,  Wrentham,  ....  135 
Joseph  Milliken,  Biddeford,  .  .  .46 

Joseph  Morton,  Boston,  ....  733 
John  Nash,  Weymouth,        .  .  .  .281 

Lydia  Norwood,  Lynn,  ....  462 

John  Noyes,  Stoughton,  ....  199 
Joshua  Otis,  Scituate,  ....  485 

John  Palmer,  Scituate,  ....  232 
Thomas  Pearson,  Amesbury  Ferry,       .  .  672 

Hannah  Pecker,  Haverhill,  .  .  .  622 

Joseph  Pierce,  Wobum,  ....  303 
Benjamin  Prescott,  jr..  District  of  Danvers,  .  259 
Betty  Putnam,  Danvers,  ....  653 
Elisabeth  Rice,  Rutland,     ....  444 

Israel  Rice,  Sudbury 220 

Samuel  Richards,  Needham,  .  .  .  393 

Phebe  Richardson,  Woburn,         .  .  .  660 

Eleazer  Robins,  Stoughton,  .  .  ,  199 

Ephraim  Sherburn,  Kittery,  .  .  .   125 

John  Sterns,  Attleborough,  .  .  .   134 

Francis  Sturtevant,  Bridgewater,  .  .  436 

John  Sweet,  Haverhill 242 

Daniel  Talbot,  Stoughton 199 

Timothy  Taylor,  Medford,  ....  303 
George  Tilley,  Boston,  .  .  .  .79 

Thomas  Tracy,  Pembroke,  .  .  .  269 

Mary  Trumbal,  Charlestown,         .  .  .   113 

Daniel  White,  Marshfield 495 

John  White,  Wenham,  .  .  .  .210 

Isaac  Whitney,  Biddeford,  .  .  .81 

Joseph  Wilson,  Boston,  ....  258 
Aaron  Wood,  Rowley,  ....  269 


INNKEEPERS  —  coniinued. 

rates  for,  subsisting  soldiers,  established 

to  render  accounts  of  billeting  soldiers, 
INSOLVENT   ESTATES. 

of  John  Blanchard, 

of  Caleb  Blodget,  . 

of  Jonathan  Briant, 

of  Nathaniel  BuUard 

of  Edward  Dumaresque,  jr., 

of  Josiah  Fuller,   . 

of  Andrew  Harper, 

of  Ebenezer  Holmes, 

of  Henry  Johnson, 

of  Nehemiah  King, 

of  Benjamin  Rankin, 

of  John  Salmon,   . 

of  James  Scammon, 
INSTBUCTIONS. 

committee  to  prepare,  for  commissioners  ap- 
pointed to  confer  with  the  Earl  of 
Loudoun  and  with  other  govern- 
ments,       ...... 

to  Agent  Sharpe,  relative  to,  .  .     359,  364 

to  commissioners  to  Albany,  report  of  commit- 
tee on,       ....         53,  157,  175 

to  committee  on  sale  of  Province  lands  west 
of  Sheffield  and  Stockbridge,  relative 
to 

to  committee  of  war,  relative  to  the  proposed 
Crown  Point  expedition, 
INTEBPRETER. 

Joseph  Bane,  to  the  Indians,  allowance  to,  and 
a  pension,  .  ... 

Joseph  Kellog: 
at  interviews  between  the  Governor  and  the 

Western  Indians,  allowance  to,     . 
for  Mohawk  children  at  Stockbridge,  allow- 
ance to,     ...... 

to  the  Indians,  allowance  to,         . 

Walter  McFarland,  at  Fort  Richmond,  relative 

to 36 

INTESTATE   ESTATES. 

of  Philip  Audeburt, 

of  Hezekiah  Broad, 


615 
432 

712 
24 
196 
406 
508 
142 
744 
648 
129 
641 
464 
658 
236 


604 


31 


467 


330 


82 


221 
367 


of  Gyles  Goddard, 
of  John  Godsoe,    . 
of  Samuel  Hopkins, 
of  Rev.  Edward  Jackson, 
of  Capt.  John  Read, 
of  Abiel  Richardson, 
of  Jonathan  Russell, 
of  Samuel  Stevens, 
of  Rowland  Taylor, 
of  Jonathan  W^hiton, 
of  John  Williams, 
IPSWICH,  Town  of. 
certain   sum    allowed,   for   a    mistake   in   the 

tax,  ...... 

South  parish  in,  certain  polls  and  estates  to  be 

set  off  to. 


74 
555 
633 
635 
755 
577 
710 
198 

55 
424 

55 
212 
681 


101 


37 


JAIL. 

at  Albany: 

Joseph  Payne  in,  allowance  to,     . 
release     of    Joseph     Payne    from, 
to 


J. 


143 


relative 


87,  105 


JAIL  —  continued. 
at  Salem: 
Ezra     Harwood     of     Danvers,     discharged 

from,  .  .  .  .  .  .12 

William  Boardman,  jr.,  discharged  from,  .     23 


842 


Index. 


JAIL  —  continued. 
in  Bristol  County: 
deputy  sheriff  of,  and  others,  relative  to  pay- 
ment of,  for  expense  of  committing  a 
prisoner,  etc.,     ..... 
sheriff  of,  allowance  to,  for  expense  of  re- 
moving a  criminal  from  jail  in,  to  jail  in 
Middlesex  County,      .... 
in  Middlesex  County: 
prisoners  in,  for  debt,  relative  to  the  release 

of 

JAMAICA. 
provisions  to  be  exported  to,  ... 

ship  bread  to  be  exported  to, 
JOINT    GRASS  (part  of  Groton). 
annexation  of  inhabitants  of,  with  their  estates, 
to  Dunstable,     ..... 

JUDGE    OF   PROBATE. 
for  Bristol  County: 

impowered  to  allow  more  time  to  commission- 
ers to  examine  claims  against  an  insolvent 
estate,        ...... 

for  Essex  County: 

impowered     to     appoint     administrator     on 
estate  of  Ebenezer  Kimball, 
for  Middlesex  County  : 

impowered  to  allow  more  time  for  entering 

claims  against  an  estate, 
impowered  to  take  new  security  for  fulfilling 
the  will  of  Joseph  Read, 
for  Suffolk  County  : 
allowed  to  accept  a  bond  from  Samuel  Win- 

throp  in  lieu  of  an  inventory, 
impowered  relative  to  settement   of  insolv- 
ent estates,         .  .        129,  464,  508,  648 
impowered   to  appoint  guardians  to  certain 
minors,      ...... 

impowered  to  appoint  persons  to  make  parti- 
tion of  an  estate,         .... 

impowered    to    order    the    division    of    an 
estate,        ...... 

impowered  to  receive  an  inventory  of  Tenaple 
Nelson's  estate,  .... 

for  Worcester  County: 

impowered  to  divide  estate  of  Joseph  Sawyer, 

JUDGMENT. 

by  default,     18,  29,  48,  49,  76,  81,  149,  185,  200, 

202,  207,  224,  259,  374,  624,  737 

petition  of  Anthony  Loney  in  regard  to,  .  216 

petition  to  set  aside  a,  .  .    15,  56,  280,  302,  426 

petition  to  set  off  one,  against  another,    .  .  299 

set  aside,      .......  329 

JUSTICES. 
Barnstable  County: 
of  court  of  general  sessions  in,  impowered  to 
grant  a  license,  ..... 

of  superior  court  in,  impowered  to  hear  an 
appeal,      ...... 

Bristol  County: 
of  court  of  general  sessions  in,  impowered  to 

grant  a  license,  .         .  .       134,  327,  669 

of  court  of  general  sessions  in,  to  issue  war- 
rants for  payment  of  George  Morey  and 
others,        ......  117 

Essex  County: 
of  court  of  general  sessions  in,  impowered  to 
consider  anew  the  petition  of  selectmen 
of  Lynn,  relative  to  highways,      .  .  224 


117 


434 


696 


576 

427 


10 


641 


726 


24 


135 


636 


516 


633 


131 


40 


48 


62 


357 


JUSTICES  —  continued. 
Essex  County  —  continued. 
of  court  of  general  sessions  in,  impowered  to 

grant  a  license,  38,  41,  60,  80,  125,  129, 
196,  201,  210,  242,  247,  267,  259,  269,  282, 
420,  426,  444,  462,  484,  485,  570,  606,  620, 

622,  653,  672,  678 

of  court  of  general  sessions  in,  impowered  to 

take  recognizances  of  innkeepers,  etc.,  .     39 

of  inferior  court  in,  impowered  to  hear  and 

try  case, 81,  148 

of  inferior  court  in,  impowered  to  receive 
report  of  referees  on  action  of  David 
EUinwood 653 

of  superior  court  in,  impowered  to  hear  and 

try  case,    .  .  .  .  .  .  138 

Middlesex  County: 

of  court  of  general  sessions  in,  impowered  to 

grant  a  Ucense,  57,  61,  69,  80,  113,  131, 
169,  170,  220,  223,  270,  275,  278,  303  his, 
402,  449,  490,  560 

of  superior  couft  in,  impowered  to  hear  and 

try  cause,  .....  278 

Plymouth  County: 

of  court  of  general  sessions  in,  impowered  to 

grant  a  hcense,  129,  232,  269,  436,  485, 
488,  495 

of  superior  court  in,  impowered  to  hear  and 

try  cause,  .....  149 

Suffolk  County: 

of  court  of  general  sessions  in,  impowered  to 
direct  the  county  treasurer  to  pay 
James  Davenport  for  services  as 
coroner,    ......   724 

of  court  of  general  session  in,  impowered  to 

grant  a  Ucense,  79,  96,  100,  108,  114,  115, 
132,  133,  135  his,  199  his,  202,  204,  219, 
232  his,  247,  258,  275,  281,  392,  393,  399, 

623,  624,  643,  729,  733 

of  court  of  general  sessions  in,  impowered  to 

hear  and  try  action,    .  .  .  .  237 

of  court  of  general  sessions  in,  impowered  to 

hear  the  appeal  of  Stephen  Fowler,  jr., 

from  a  sentence,  etc.,  .  .  .  575 

of  court  of  general  sessions  in,  impowered  to 

take  recognizance  of  petition  of  John 

Graton  as  innkeeper,  .  .  .  197 

of  inferior  court  in,  impowered  to  hear  and 

determine  cause,  .  18,  237,  268,  624 

of  superior  court  in,  impowered  to  hear  and 

determine  cause,     185,  259,  434,  520,  597 
Worcester  County: 
of  court  of  general'  sessions  in,  impowered  to 

grant  a  license,  .  .  .    292,  407 

of  superior  court  in,  impowered  relative  to 

the  division  of  land,    ....  724 
York  County: 
of  court  of  general  sessions  in,  impowered  to 

grant  a  license,  46,  77,  81,  99,  125,  199 

of  inferior  court  in,  impowered  to  hear  and 

try  cause,  ....     329,  668 

of  superior  court  in,  impowered  to  hear  and 

try  cause,  .  .  .87,  141,  287 

chief,  allowance  to,         .  .  90,  265,  443,  673 

of  court  of  general  sessions  in  the  counties  of  this 

Province,  impowered  to  grant  hcenses 

to  absent  innkeepers  and  retailers,         .  390 
of  superior  court  of  judicature,  etc.,  allowance 

to,    .  .  .  .  89,  262,  444,  673 


Index. 


843 


K. 


KENNEBEC   RIVER   EXPEDITION. 

Maj.    General    John    "Winslow,    commander-in- 
chief  of: 
allowance  to,  for  services,    .... 

equipments  to  be  given  to  officers  and  soldiers 
under,        ...... 

account  of  Dr.  Eleazer  Harlow  for  medicine  for 
soldiers  in,  allowed,     .... 

allowance  on  account  of  loss  of  time,  wounds, 
etc.,  while  in: 
to  Benjamin  Foster, 
to  John  Fox, 

to  Sarah  Fox,  widow  of  John  Fox, 
to  Joshua  Frost, 
to  Joseph  Jones, 
to  Ichabod  Leonard, 
to  John  Mansfield, 
to  Daniel  Moor, 
to  Amos  Parling, 
to  William  Thorne, 
to  Ebenezer  Wilkins, 
to  Henry  Woods,         .  .  .      260,  283, 

allowance  for  medical  attendance,  etc.,  for  sick- 
ness contracted  while  in,  to  Eliphalet 
Gary,  ...... 


258 
233 

288 


256 
348 
347 
333 
257 
348 
246 
336 
281 
623 
216 
511 


KENNEBEC     RIVER     EXPEDITION  —  con- 
tinued. 

allowance  to  Joseph  Craig  for  sickness  and 
funeral  expenses  of  his  brother,  a  soldier 
in, 195 

allowance  to  Christopher  Forbush  in,  for  ex- 
pense of  sickness,         ....  521 

allowance  to  Jonathan  Kenny  for  care,  etc.,  of 

Benjamin  Blackman,  a  soldier  in,  .  249 

enlistment  of  soldiers  for,  relative  to,        .     144,  174 

funeral  expenses   of  Stephen  Corey,  soldier  in, 

allowed  Nathaniel  Russell,  .  .   192 

Capt.  Phineas  Osgood  in,  bounty  money  paid 

by,  allowed, 262 

wages  due  Nathaniel  Seeley  in,  allowed  Eph- 

raim  Hayward,  ....  753 

wages  due  soldier  for  service  in,  allowed  John 

Tute 337 

workmen  and  transports  employed  in,  allowance 

to 244 

KING    GEORGE,   the  Second. 

attorney-general     to,     to     prosecute     William 

Oliver  for  forgery,       ....  337 


L. 


LAKE    GEORGE. 

allowance  for  cattle  supplied  army  at,      .  .  408 

allowance  on  account  of  loss  of  time,  wounds, 

etc.,  in  service  at,  to  Judah  Clark,   558,  739 

allowance  to  Samuel  Nichols  Nelson  for  ex- 
penses in  returning  from,     .  .  .  687 

armorer  at,  allowance  to,         .  .  .  .  653 

articles  lost  at,  belonging  to  soldier,  allowance 

for, 553 

Peter  Prescott,  jr.,  detained  at,  to  care  for  sick, 

allowance  to,      .  .  .  .  .  734 

soldiers  deceased,  who  served  at,  no  deduction 
to  be  made  for  missing  arms  from  wages 
of 715 

soldiers  wounded  in  service  at,  pension  allowed: 
Simon  Davis,      ......  657 

Nathan  Thompson,     .....  557 

soldiers    on    their   return   from,    allowance   for 

victualling,  .....  735 

LANCASTER,  Town  of. 

certain  persons  impowered  to  receive  and  pass 
deeds  for  land  in  Lancaster  New  Grant 


Belloni   Melancon,    French   Neutral,   to   return 

to 

tax  in,  confirmation  of,  for  the  year  1756, 
LAND    BANK. 
commissioners  of: 
committee  to  examine  accounts  of,  appoint- 
ment of,    . 
Samuel  Stevens,  late  partner  in,  petition  of, 
report  of  com.i5ittee  on, 
LANDS. 
assessment  of  taxes  on: 
in  Cold  Spring,  ...... 


12 


691 
732 


28 


595 


681 


in  Falltown, 
in  Greenwich, 


50,  208 
.  497 


LANDS  —  continued. 
assessment  of  taxes  on  —  continued 
in  Holden, 
in  Lunenburg,    . 
in  Rutland  District,    . 
in  Sturbridge,     . 
Nathaniel    Balstone,    executor,    of    estate    of 
Thomas  Palmer  of  Boston  and  Eliakim 
Palmer  of  London,  impowered  to  exe- 
cute deed  of,       ....  . 

Robert  Barber,  guardian  of  a  person  non  com- 
pos, impowered  to  purchase  land, 
belonging  to  church  in  Swansea,   certain  per- 
sons   impowered    to    execute    deed    or 
deeds  of,   . 
Jonathan    Brownell,    guardian,    impowered    to 
execute  deed  of,  .... 

Mary  Burleigh,  a  minor,  impowered  to  execute 

deed  of,     . 

certain,  on  Ann  Street  to  be  conveyed  to  Boston,  160 
children   of   Dorothy   Monk,    with   others,   im- 
powered to  sell,  .... 

Mary  Clark,  administratrix,  impowered  to  con- 
vey, .  ..... 

common,  in  Natick,  relative  to  rights  in,  be- 
longing  to   certain   Indians   of   Provi- 
dence,       ...... 

confirmation  of: 
conveyed  to  Prince  Vitto,   .... 

granted  to  Stephen  Nash,    .... 

granted  to  Jonathan  Powers  and  others, 
plan  of  Gorhamtown,  .... 

plat  of,   to  Narragansett  Town-ship  Number 
Four,         ...... 

rights  to  land  in  Payquage,  .  .    416,  683 

to  John  Barnard,         .....  714 

to  John  Dennis,  .  .  .  .  .62 


284 

276 

204 

50 


353 


537 


331 


570 


215 


700 


128 


334 

423 

556 

489 

89 

38 


844 


Index. 


LANDS  —  continued. 
confirmation  of  —  continued. 
to  John  Franklyn,  Isaac  Winslow  and  Com- 
pany,        ......  261 

to  the  heirs  of  Capt.  Joseph  Bane,         .  .  277 

Thomas  Gushing  impowered  to  sell  his   chil- 
dren's right  in,  .  .  .  .  .  634 

deed  of  release  of,  to  Ebenezer  Stedman,  .  567 

Caleb  Dodge,  administrator,  impowered  to  exe- 
cute deed  of.      .  .  .  .  .194 

Mary  Ely,  executrix  of  estate  of  Caleb  Ely, 

impowered  to  execute  deed  of,      .          .  430 
estate  of  Rev.  Nathan  Prince,  relative  to  parti- 
tion of 724 

Isaac    Evelith,    administrator,    impowered    to 

execute  deed  of,  ...  .  549 

Sarah     Fox,     administratrix,     impowered     to 

execute  deed  of  release  of,  .  .  .  332 

Margaret  Giddings,  administratrix,  impowered 

to  execute  deed  of,      .  .  .  .47 

Hannah  and  Ichabod  Goodwin,  administrators 
of  estate  of  James  Scammon,  impowered 
to  execute  deed  of,      .  .  .  .175 

gore  of,  between  Braintree  Farms  and  Brook- 
field  to  be  included  in  District  of  New 
Braintree,  .....  340 

grant  of: 

to  John  Franklyn  and  Company,  .  .113 

to  Daniel  Grainger,     .....  632 

to    widow    and    children    of    Capt.    Phineas 

Stevens,    ......  658 

unappropriated,  in  Pembroke,  for  grammar 

school,  boundary  of,  to  be  ascertained,     20 
granted  to  Thomas  Farmer  and  others  to  be 

annexed  to  Petersham,         .  .  .  578 

Thomas  Greenwood,  guardian,  impowered  to 

execute  deed  of,  ...  .  275 

William   and    Jemima    Henshaw,    with    other 

heirs,  impowered  to  execute  deed  of,     .  403 
Sarah  Humphrey  impowered  to  sell,         .  .  773 

in  the  Eastern  parts  of  this  Province,  relative 

to  original  deeds  of,    .  .  .  .52 

township  of  Pontoosuck,  relative  to  division 

of 156,  179 

in  Worcester  County,  called  the  Gore,  annexed 

to  town  of  Sturbridge,  .  .  .  193 

Indian,  west  of  Sheffield,  relative  to  the   pur- 
chase of,   .  .  .  .      576,  583,  660 

Mary  Kenney,  administratrix,   impowered  to 

execute  a  deed,  .  .  .  .711 

Sarah  Mayhew,  guardian,  impowered  to  exe- 
cute deed  of,      .  .  .  .  .  108 

new  survey  of  10,000  acres  of,  to  be  made,        .  352 

on  the  Western  borders  of  the  Province: 

relative  to  expenses  in  laying  out,  .  .  104 

relative  to  law-suits  regarding,     .  .  .49 

partition  of: 

common  land  in  Colrain,      ....  297 

confirmation  of,  .....    191 

guardian  of  persons  non  compos,  impowered 

to  join  with  Ephraim  Ware  in,     .  .  735 

petition  of  Hannah  Goddard,  administratrix, 

for,  granted,       .....  633 

Ruth  Perley,  executrix,  impowered  to  execute 

deed  of,     .  .  .  .  .  .  572 

Province: 
between    town    of    Sunderland    and    Millers 

River,  relative  to  sale  of,     .  .  .  116 

bonds  for,  account  of,  to  be  recorded  by  the 

Secretary,  .  .  ,  .  .35 


LANDS  —  continued 
Province  —  continued. 
grant  of,  to  Edward  Park,  .  ,  .  .99 

grant  of,  to  Joshua  Wyman,  .  .  .99 

Andrew  Hall  allowed  to  return,  purchased,    .  255 
in  Plymouth  County,  report  of  committee  on,  156 
near  Springfield,  relative  to  sale  of,       .       94,  543 
near  Sunderland: 
report  of  committee  to  sell,  order  on,  .  151 

vote  in  regard  to  sale  of,  construed,  .  .  183 

purchased  of  Stockb ridge  Indians,  relative  to,  177 
relative  to  sale  of,       .  .  .  .  .118 

west  of  Connecticut  River,  report  of  commit- 
tee on,       ......  354 

west  of  Northampton: 
new  township  to  be  laid  out  on,  .  .  109 

relative  to  sale  of,    .  .  .  .     102,  207 

west  of  Sheffield  and  Stockbridge,  relative  to,    28, 
31  bis,  106,  111,  158,  266,  313,  314,  317 
relative  to,  belonging  to  Mattakeeset  Indians, 

419,  581 

relative  to  conveyance  of  Indian,    .  .  .  136 

sale  of: 

by  administrators  as  guardians,     .       100,  171,  491 

by  Jarius  and  Susannah  Bisbe,     .  .  .88 

by  Phineas  and  Sarah  Blood,        .  .  .82 

by  John  Bond  and  John  Bond,  jr  ,        .  .  368 

by  executor  or  administrator,     19,  20,  55  bis,  64, 

66,  68  bis,  73,  77,  83,  85,  98,  142,  161,  172, 

175,  182,  194,  196,  198,  203.  208,  211,  212, 

214,  217  bis,  227,  234,  236,  277,  279  bis,  283, 

286,  298,  311,  346,  351,  369,  375,  405,  406  bis. 

410,  415  bis,  424,  436,  463,  466,  482,  484,  510, 
532,  555,  562,  563,  582,  600,  601,  603,  607, 
611,  633,  641,  642,  646,  649,  657,  679,  681. 
695,  697,  701,  705,  710,  712,  713,  717,  740, 
744,  755 

by  Jeremiah  Finney,  jr.,  and  Deborah,  his 

wife 307 

by  guardians,  13,  23,  45,  59,  63,  64,  74,  78,  83,  88, 
122,  130,  138,  140,  180,  182,  197,  210,  213, 
218,  273.  285,  297,  303,  306,  307,  309,  360, 

411,  412,  420,  427,  547,  548,  574,  588,  625, 
635,  642,  651,  711,  735,  752 

by  Samuel  and  Dorcas  Lynde,      .  .  .  170 

by  Elisabeth  Noyce  and  sisters,   .  .  .  224 

by  Hannah  Underwood,       .  .  .  .77 

Indian,  relative  to,    67,  60,  61,  75,  116,  123,  132, 

137,  142  bis,  143,  148,  153,  195,  218,  308,  332, 

335  bis,  337,  340,  354,  421  bis,  548,  555, 

605  bis,  610,  655,  656,  738,  745 

to  pay  debts,  allowed,    45,  55  bis,  60,  61,  64,  66, 

74,  83,  116,  132,  137,  142  bis,  148,  153,  171. 

195,  196,  198,  211,  212,  234,  236,  283,  286, 

298,  307,  311,  335  bis,  337,  354,  369,  406  bis. 

411,  415  bis,  463,  466,  482,  510,  574,  582, 

588,  600,  605,  607,  610,  633,  642,  646,  649, 

679,  695,  697,  701,  712,  713 

to  pay  legacies,  etc.,   .....  375 

school: 

in  Hardwick,  relative  to  sale  of,  .  .  .     71 

in  Swansea,  relative  to  sale  of,      .  .  .  202 

in  Wrentham,  relative  to  sale  of,  .  .     70 

Sarah  Shillaber,  administratrix,  impowered  to 

execute  a  deed,  ....  569 

Benjamin  Starr  impowered  to  lay  out,     .  .     78 

Henry  Sweet,  administrator,  with  others,  im- 
powered to  execute  deed  of,  .  .  291 
Jeremiah  Tucker,   guardian  of  a  person   non 

compos,  impowered  to  execute  a  deed,  616 


Index. 


845 


174 


710 


.  664 

.  327 

304,  347,  394 

.  120 


115 


346 


17 


LANDS  —  continued. 
Sarah  Upton,  administratrix  of  estate  of  Ben- 
jamin Herrick,  impowered  to  execute 
deed  of,     . 
Abigail  Williams  and  Ebenezer  Williams,  ad- 
ministrators,   impowered    to    reconvey 
land,  ...... 

John  Worthington  impowered  to  put  Joseph 
Lee  in  possession  of  his, 
LAWS,   TEMPORARY. 
index  to  be  made  of,      . 
relative  to  the  distribution  of, 
reprinting  of,  relative  to, 
LEGISLATIVE   MATTERS. 
referred,     32,  54,  123,  162,  293,  361,  379,  389  bis, 
478,  666,  599,  620,  695 
LEICESTER,  Town  of. 

ministerial  taxes  in,  relative  to,       . 
LETTERS. 
from  Josiah  Beal,  report  of  committee  on, 
from  Capt.  William  Lithgo  of  Richmond  Fort 
and  from  the  Penobscot  Indians,  report 
of  committee  on,  .... 

from  Governor  Shirley  and  Maj.  Gen.  Johnson, 

report  of  committee  on,       .  .     392,  396 

from  Lady  Warren,  report  of  committee  on,      .  256 
to  Agent  BoUan,  to  be  prepared,     .  .  .79 

to  the  Earl  of  Loudoun,  to  be  prepared,  .  604 

LETTERS    OF   ADMINISTRATION. 
wages  of  deceased  soldiers  in  Crown  Point  ex- 
pedition to  be  paid  without,  .  .  682 
LICENSES. 
granted    to   absent   innkeepers    and    retailers, 

relative  to 390,  424 

granted  to  Edward  Best,  Boston,  to  retail  beer,   108 
granted  to  Robert  Steel,  Boston,  to  sell  malt 

liquors, 
granted  to  keep  an  inn  in  Lynn, 
granted  to  the  following  persons  as  innkeepers: 
Elisabeth  Bailey,  Falmouth  (York  County),     77 
Peleg  Barker,  Pembroke,     ....  129 
Thomas  Bell,  Roxbury,        .  .  .  .135 

Spencer  Bennet,  Salisbury, ....  484 

Mary  Bill,  Boston 219 

Benjamin  Bowden,  Lynn,    ....  247 
James  Boyd,  Woburn,  ....  170 

Samuel  Bradford,  Middleton,        .  .  .80 

Mercy  Bradshaw,  Medford,  .  .  .61 

Henry  Young  Brown,  Haverhill,  .  .  201 

John  Champney,  Dorchester,        .  .  .  199 

Oliver  Clark,  Newbury,        ....  426 
Charles  Colton,  Springfield,  .  .  .57 

James  Craig,  Rutland,  ....  407 

Thomas  Cushman,  Kingston,        .  .  .  488 

James  Davenport,  Boston,  .  .  .  232 

Joshua  Davis,  Brookline,     .  .  .  .96 

David  Day,  Attleborough,  ....  134 
James  Day,  Boston,    .  .  .  .  .114 

Edmund  Dix,  Chelsea 202 

Isaac  Dogget,  Medford,        .  »  .  .169 

Jonathan  Dwight,  Boston,  ....  219 
Ebenezer  Ellinwood,  Beverly,       .  .  .  620 

William  Foster,  Newbury,  .  .  .  485 

Sarah  Fox,  Littleton,  ....  223 

Archelaus  Fuller,  Middleton,         .  .  .  129 

John  Goldsbury,  Wrentham,         .  .  .  392 

Joseph  Goldthwait,  Boston,  .  .  .115 

Jonathan  Hawkes,  Medford,  .  .  .  490 

Samuel  Hayden,  Medford,  ....  270 
Dainel  Hewes,  Wrentham,  .  .  .     133,  219 


247 
196 


LICENSES  —  continued. 
granted  to  the  following  persons  as  innkeepers 

—  continued. 
William  Hunt,  Tewksbury, 
James  Kitteridge,  Tewksbury, 
John  Lambert,  Taunton, 
Samuel  Lethbridge,  Wrentham, 
Elisabeth  Libby,  Falmouth  (York  County), 
David  Lynde,  Leicester, 
Peletiah  Man,  Wrentham,  . 
Joseph  Milliken,  Biddeford, 
Joseph  Morton,  Boston, 
John  Nash,  Weymouth, 
Lydia  Norwood,  Lynn, 
John  Noyes,  Stoughton, 
Joshua  Otis,  Scituate, 
John  Palmer,  Scituate, 
Thomas  Pearson,  Amesbury  Ferry, 
Hannah  Pecker,  Haverhill, 
Joseph  Pierce,  Woburn, 
Benjamin  Prescott,  jr..  District  of  Danvers, 
Betty  Putnam,  Danvers, 
Elisabeth  Rice,  Rutland, 
Israel  Rice,  Sudbury, 
Samuel  Richards,  Needham, 
Phebe  Richardson,  Woburn, 
Eleazer  Robins,  Stoughton, 
Ephraim  Sherburn,  Kittery, 
John  Sterns,  Attleborough, 
Francis  Sturtevant,  Bridgewater, 
John  Sweet,  Haverhill, 
Daniel  Talbot,  Stoughton,  . 
Timothy  Taylor,  Medford,  . 
George  Tilley,  Boston, 
Thomas  Tracy,  Pembroke, 
Mary  Trumbal,  Charlestown, 
Daniel  White,  Marshfield,    . 
John  White,  W^enham, 
Isaac  Wliitney,  Biddeford, 
Joseph  Wilson,  Boston, 
Aaron  Wood,  Rowley, 
granted  to  the  following  persons  to  sell  spirituous 

liquors: 
Oliver  Abbot,  Billerica, 
William  Bailey,  Amesbury, 
Henry  Barnes,  Marlborough, 
Abraham  Belknap,  Natick, 
Susannah  Blake,  Boston, 
Joseph  Briggs,  Hingham,     . 
Joseph  Carder,  Marblehead, 
Josiah  Chever,  Gloucester,  . 
Thomas  Child,  Boston, 
Ebenezer  EUinwood,  Beverly, 
Freelove  Everden,  Boston, 
John  Faunce,  Kingston, 
Ruth  Fitts,  Danvers, 
Charles  Florence,  Lynn, 
John  Glover,  Marblehead,   . 
Nathaniel  Gorham,  Charlestown, 
John  Gould,  Boston,  (distiller), 
Margaret  Hogg,  Boston 
John  Holbrook,  jr..  Brain  tree, 
Abraham  Jackson,  Newton, 
Ebenezer  Kent,  Charlestown, 
Samuel  Kettle,  Charlestown, 
William  King,  Salem, 
Ebenezer  Lowell,  Boston,    . 
James  Milk  and  Wheeler  Riggs,   Falmouth 

(York  County), . 
John  Miller,  Charlestown,    . 


449 
131 

327 
204 

77 
292 
135 

46 
733 
281 
462 
199 
485 
232 
672 
622 
303 
259 
653 
444 
220 
393 
560 
199 
125 
134 
436 
242 
199 
303 

79 
269 
113 
495 
210 

81 
258 
269 


275 
41 
80 
69 
496 
643 
678 
444 
219 
257 
399 
488 
282 
570 
606 
278 
729 
232 
275 
402 
278 
278 
125 
100 

99 

278 


846 


Index. 


LICENSES  —  continued. 
granted  to  the  following  persons  to  sell  spirituous 
liquors  —  continued. 
James  Otis,  Barnstable,       .  .  .  .62 

Samuel  Pitcher,  Attleborough,     .  .  .  669 

EUjah  Porter,  Topsfield 38 

Benjamin  Procter,  Boston,  ....  623 
Archelaus  Putnam,  District  of  Danvers,  .  259 
Nathaniel  Richardson,  Boston,     .  .  .   132 

Richard  Rindge,  Marblehead,       .  .  .  420 

Alexander  Ross,  Falmouth  (York  County),   .  199 

Giles  Tidmarsh,  Hull 219 

Enoch  Titcomb,  Newbury,  .  .  .60 

Benjamin  &  John  Waldo,  Boston  (distillers),  624 
LIEUTENANT-GOVERNOR. 
Spencer  Phips: 
allowance  to,      .  .  .  .  .     538,  677 

Province  Treasurer  to  pay,  in  government 

securities,  a  certain  amount  granted,   .  425 
to  appoint  a  commander  for  the  forces  in  the 

eastern  parts,     .....  540 

to  appoint  a  day  for  a  public  fast,    371,  410,  566, 

693 
to  appoint  a  day  of  Thanksgiving,         .     394,  617 
to  appoint  Col.  Richard  Gridley  a  colonel  in 

the  Crown  Point  expedition,         .  .  386 

to  assign  John  Fletcher  to  garrison  duty  on 

Western  frontiers,       ....  370 

to  declare  the  Penobscot  Indians  rebels  and 

enemies,    ......  396 

to  dismiss  David  Ingersoll  from  all  posts  of 

honor  or  profit,  ....  378 

to  employ  a  person  to  take  account  of  the 

Province  arms,  etc.,    ....  677 

to  enlist  men  for  relief  of  those  posted  at  Fort 
Halifax  and  store-house  on  Kennebec 

River 558 

to  give  directions  to  colonels  of  the  militia  in 
certain  counties  to  forward  the  march 
of  any  men  from  their  respective  regi- 
ments  603 

to   give   directions    to   commander   of   Fort 

Dummer  to  enlist  additional  recruits,  .  377 
to  give  orders: 
for  cannon,  etc.,  for  Provincetown,   .  .  629 

for  a  certain  scouting  party  to  go  from  Fort 

George  to  Maquoit,     ....  531 

for  delivering  powder  to  Capt.  Wynn,  .  371 

for  detaining  a  vessel  commanded  by  Capt. 

Robert  Jarvis,   .....  387 

for  dismissing  men  posted  on  the  Western 

frontiers,  ......  624 

for  enUsting  more  men  to  scout  between 

Connecticut  and  Merrimac  Rivers,         .  376 
for  a  guard  at  Fort  HaUfax,  .  .  377 

for  inhabitants  of  New  Gloucester,  to  serve 

as  scouts,  .  .  .  .     542, 564 

for  the  protection   of   the  inhabitants   of 

Hunts  Town 567 

for  sick  soldiers  returning  from  Albany  to 

be  landed  at  Castle  W^illiam,         .  .  609 

for  soldiers  on  the  frontiers,  going  to  meet- 
ing, to  be  armed,         ....  388 
relative  to  the  disposition  of  the  forces  on 

the  Eastern  frontiers,  .  .  .  616 

relative  to  gunners  at  Castle  William,  .  541 

relative  to  impressing  men  for  Crown  Point 

expedition,         .....  382 
relative  to  the  marching  of  forces  in  Crown 

Point  expedition,         ....  367 


LIEUTENANT-GOVERNOE  —  continued. 
Spencer  Phips  —  continued. 
to  give  orders  —  continued. 
relative  to  the  men  drafted  from  regiments 

in  Hampshire  and  Worcester  counties,  .  600 
to  appoint  a  person  to  take  charge  of  arms 

and  stores  of  the  Province  at  Albany,  .  688 
to  grant  liberty  to  ship  gunpowder  to  any 
government  of  His  Majesty  on  this  con- 
tinent  403 

to  issue  a  proclamation  to  encourage  men  to 

enhst  for  Crown  Point  expedition,         .  385 
to  order  the  return  of  soldiers  to  Capt.  Good- 
win's company, .....  564 

to  write  to  the  Earl  of  Loudoun  and  the  sev- 
eral New  England  governments,   rela- 
tive to  the  movements  of  the  French,  .  601 
to  write  to  governors  of  New  York  and  Con- 
necticut relative  to  the  recovery  of  arms,  695 
to  write  to  Penobscot  Indians  relative  to  their 
joining  with  us  against  the  other  In- 
dians,        ......  379 

to  write  to  the  Southern  governments  direct- 
ing them  to  allow  vessels  with  provisions 
to  clear  for  ports  of  Boston  and  Salem,  381 
LIGHTHOUSE,   BEACON  ISLAND. 
beacon  to  be  erected  near,       ....  293 

boat  at,  committee  to  repair,  .  .  .  190 

keeper  of,  allowance  to,  for  services,  etc.,    85,  256. 

427,  664 
LINCOLN,  Town  of. 
ofiBcers  in  Lincoln  precinct  before  its  incorpora- 
tion into,  impowered  to  settle  their  ac- 
counts,     ......  173 

petition  of  selectmen  of: 
order  of  notice  on,       .  .  .  .  .  550 

referees  impowered  to  reconsider  their  report 

on 578 

LINEN. 

manufacture,  trustees  of,  report  of,  .  .  258 

LIQUORS,   MALT. 

license  granted  to  Robert  Steel,  Boston,  to  sell,  247 
LIQUORS.   SPIRITUOUS. 
Christopher  Bubier  impowered  to  recognize  as 

retailer  of,  .....  481 

Sarah  Campbell  impowered  to  recognize  as  re- 
tailer of,    .  .  .  .  .  .  383 

collector   of   excise   on,   in   County   of   Dukes 

County,  appointment  of,      .  .  .  587 

farming  excise  on: 
committee  on,  appointment  of,  242  his,  243  quater, 
244,  245  bis,  246  bis,  271,  457  bis,  458  quater, 
459    quater,    460,    487,     660,    661    quater, 
662  quater,  663  bis 
committee  on,  report  of,     54  bis,  75,  84,  101  bis, 
114,  289,  293,  310,  312  bis,  319  bis,  330,  344, 
509,  510,  530  bis,  533,  536  bis,  537,  544,  561, 
577,  704,  705 
committee  on,  to  advertise  sale,  .  .  .  249 

committee  on,  to  agree  upon  time,        .  .  250 

John  Foster  impowered  to  recognize  as  retailer 

of 435 

licenses  granted  to  the  following  persons  to  sell: 

Oliver  Abbot,  Billerica 275 

William  Bailey,  Amesbury,  .  .  .41 

Henry  Barnes,  Marlborough,         .  .  .80 

Abraham  Belknap,  Natick,  .  .  .69 

Susannah  Blake,  Boston,  ....  496 
Joseph  Briggs,  Hingham,  ....  643 
Joseph  Carder,  Marblehead,  .  .  .  678 


Index. 


847 


LIQUORS,    SPIRITUOUS  —  continued. 
licenses  granted  to  the  following  persons  to  sell 
—  continued. 
Josiah  Chever,  Gloucester,  .  .  .  . 

Thomas  Child,  Boston,         .  .  .  . 

Ebenezer  Ellinwood,  Beverly, 
Freelove  Everden,  Boston, 
John  Faunce,  Kingston,       .  .  .  . 

Ruth  Fitts,  Danvers,  .  .  .  . 

Charles  Florence,  Lynn,       .  .  .  . 

John  Glover,  Marblehead,    .  .  .  . 

Nathaniel  Gorham,  Charlestown, 
John  Gould,  Boston  (distiller),  . 
Margaret  Hogg,  Boston,       .  .  .  . 

John  Holbrook,  jr.,  Braintree, 
Abraham  Jackson,  Newton, 
Ebenezer  Kent,  Charlestown, 
Samuel  Kettle,  Charlestown, 
William  King,  Salem,  .  .  .  . 

Ebenezer  Lowell,  Boston,    .  .  .  . 

James  Milk  and  Wheeler  Riggs,   Falmouth 
(York  County),.  .  .  .  . 

John  Miller,  Charlestown,    .  .  .  . 

James  Otis,  Barnstable,       .  .  .  . 

Samuel  Pitcher,  Attleborough, 

Elijah  Porter,  Topsfield 

Benjamin  Procter,  Boston, 

Archelaus  Putnam,  District  of  Danvers, 

Nathaniel  Richardson,  Boston,     . 

Richard  Rindge,  Marblehead, 

Alexander  Ross,  Falmouth  (York  County),    . 

Giles  Tidmarsh,  Hull 

Enoch  Titcomb,  Newbury, 
Benjamin  &  John  Waldo,  Boston  (distillers), 
retailers  of,  etc.,  order  in  regard  to, 
LITTLETON,  Town  of. 
French  Neutral  family  in,  to  be  removed, 
French  Neutrals  to  be  transferred  to, 
iindivided  lands  in,  petition  of  proprietors  of,  to 
re-enter  an  action,       .... 

LOAN. 
commissioners  of,  lands  mortgaged  to,  report  of 
committee  on,    ..... 

committee  to  inquire  into,  appointment  of, 
Richard  Hazen,  loan  granted  to,     . 
to  Isaac  Parker,  balance  due  on,  cancelled, 
LOTTERY. 
Boston,  construing  an  act  in  regard  to,    . 
for  Germantown,  relative  to, 
managers  of,  for  raising  money  to  build  bridge 
over  Titticut  River,  scheme  of,  allowed. 
Government: 
Arthur  Savage,  clerk  at  the  drawing  of,  allow- 
ance to,     . 
tickets,  in  the  hands  of  the  late  treasurer,  rela- 
tive to,      .....  . 

tickets,  received  of  Treasurer  Gray,  report  of 
committee  on,    ....     127, 

LOUDOUN,   EARL    OF. 
commissioners  to  Albany  to  wait  on,  relative 

to 605,  618,  620, 

committee  to  receive  proposals  from,  etc.: 
appointment  of,  ..... 

relative  to  an  application  to  him  for  the  re- 
imbursement of  expenses  of  provisions 
for  Crown  Point  expedition, 
relative  to  preventing  provisions  and  warlike 

stores  being  carried  to  the  French, 
relative  to  the  proportion  of  the  4,000  men  to 
be  raised  by  this  Province, 


444 
219 
257 
399 
488 
282 
570 
606 
278 
729 
232 
275 
402 
278 
278 
125 
100 

99 
278 

62 
669 

38 
623 
259 
132 
420 
199 
219 

60 
624 

39 

596 
579 

421 


156 

162 

17 

471 

638 
762 

507 


65 
146 

218 

622 
644 

657 
657 
656 


LOUDOUN,   EARL    OT  —  continued. 
committee  to  receive  proposals  from,  etc.  — 
continued. 
to  confer  with  him  relative  to  wood  and  beds 

for  Castle  William,      ....  659 

committee  to  wait  on,  on  his  arrival  in  Boston: 
appointment  of,  .....  626 

to  ask  the  honor  of  his  company  to  dinner,   .  626 
forces  under  command  of: 
assistant  commissary  allowed, 
billeting  money  to  be  paid  to, 
chief  officer  of,  allowance  to,  for  table  ex 

penses, 
commissary  of,  to  be  furnished  with  clothing, 
etc.,  for  soldiers,  .... 

commissioned  officers  of,  one  month's  wages 

to  be  advanced  to,      . 
committee  of  war: 
to  furnish  arms,  etc.,  for, 
to  purchase  coats,  hats,  etc.,  for,    686,  688,  693, 

747,  769 
establishment  of  wages  of,  .  .  .  .  669 

not  to  be  imprisoned  for  debt,      .  .  .  769 

proposals  from,  to  the  commissioners,  relative 
to  raising  4,000  men,  vote  in  regard  to, 
LOUISBURG. 
allowance  to  Governor  for  services  at, 
clothing  left  at,  amount  of  debt  of,  to  be  used  to 
purchase  arms  and  powder, 
LOUISBURG   EXPEDITION. 
account  of  storage  and  repairing  sails  of  Massa- 
chusetts Frigate  in,  allowed, 
allowance  for  guns  lost  in: 

to  Zechariah  Emery,  ..... 

to  Gideon  Henderson,  .... 

allowance  on  account  of  loss  of  time,  wounds, 
etc  ,  while  in: 
to  Patrick  Burn,  ..... 

to  Samuel  Graves  father  of  Samuel  Graves,  . 
to  John  Hooker, 
to  Matthew  Hutchinson, 
to  Robert  Miller, 
to  David  Poor,  . 
to  George  Watkins,     . 
allowance  to  John  Bradstreet  for  service  in, 
allowance  to  Samuel  Lowell  for  services  in, 
amount  stopped  out  of  wages  of  soldiers  in,  al- 
lowed, Joseph  Munroe  father  of  Amos 
Mtinroe,     ...... 

papers  relative  to,  to  be  sent  to  Agent  BoUan,  . 
Sir  William  Pepperell,  late  general  in,  allowance 

to 

soldiers  in,  pension  to,    62,  140,  180,  201,  220,  339 
wages  due  soldiers  for  service  in,  allowed: 

Samuel  Cook, 699 

Gideon  Henderson  for  servant  Shadrach  Be- 
dorthy,      ...... 

John  Walker,     ...... 

LUNENBURG,  Town  of. 
assessors  in,  impowered  to  assess  a  tax  on  non- 
residents, ..... 

Andrew  Hall  allowed  to  return  land  purchased 


768 
761 


.  756 


769 


764 


700 


659 


241 


364 


387 


24 
701 


201 
65 
214 
445 
180 
434 
194 
762 
239 


350 
32 


95 


701 
237 


276 


255 


LYNN,  Town  of. 

Capt.  Benjamin  Newhall  of  the  second  military 
company  in,  impowered  to  receive 
amount  due  him,  from  fines  for  non- 
appearance of  the  men, 

petition  of  selectmen  of,  in  regard  to  high- 
ways,        ...... 


765 


224 


848 


Index. 


M. 


MAGAZINE. 

for  gunpowder  to  be  erected, ....  469 
MALDEN,  Town  of. 
boundary  between,  and  Reading  established,    .  110 
Benjamin  Bucknam  allowed  to  continue  with 

the  North  parish  in,    .  .  .  .  552 

South  parish  in,  certain  families  in,  with  their 
estates,   to  be  annexed  to   the  North 

parish 200,  316 

South  parish  in,  impowered  to  call  a  meeting,  .     42 
MALT   LIQUORS. 
licenses  granted  to   Robert   Steel,  Boston,  to 

sell 247 

MAP. 
of  the  four  governments  of  New  England,  report 

of  committee  on,         .  .  .  .58 

MABBLEHEAD,  Town  of. 
French  Neutrals  in,  to  be  removed,  .  .  606 

inhabitants  of,  petition  of,  relative  to  the  em- 
bargo on  fishing  vessels,       .  .  .  287 
MARSHFIELD,  Town  of. 
Charles  Mius  and  family,  French  Neutrals,  to  be 

continued  in,      .  .  .  .  .  723 

MARTHA'S   VINEYARD   INDIANS. 
guardians  of: 
appointment  of,  ....     110,  451 

relative  to  the  accounts  of, .  .  .     154,  353 

MARY,  the  schooner. 
Thomas  Tufton,  master: 
provisions  to  be  exported  on,  to  Surinam,      .  601 
MASHPEE   INDIANS. 
guardians  of,  appointment  of,  .  .  .110 

impowered  to  sell  land  to  Ebenezer  Thomas,    .  340 
MASSACHUSETTS,  the  sloop. 

to  be  fitted  out  to  guard  the  coast,  .  .  674 

MASSACHUSETTS    BAY,  Province  of. 
defence  of,  copy  of  a  message  relative  to,  to  be 

sent  to  Agent  BoUan,  .  .  .  107 

French   inhabitants   in,    removed   from   Nova 

Scotia,  relative  to,       .          .          .  .  423 
government  of,  to  raise  1,800  men  the  propor- 
tional part  of  the  4,000  men,        .  .  659 
relative  to  boundary  between,  and  Connecticut,     48 
relative  to  boundary  between,  and  New  Hamp- 
shire  45,  184 

relative  to  boundary  between,  and  New  York,    16, 
45,  53,  57,  79,  146,  157  bis,  177 
relative  to  papers  on  boundary  between,  Con- 
necticut and  Rhode  Island,  .  .     32 
relative  to  putting  the  forts  and  garrisons  in, 

into  a  posture  of  defence,    .  .  .96 

relative  to  raising  quota  of  4,000  men  in,  for 

Crown  Point  expedition,      .  .     294,  656 

relative  to  trade  and  commerce  between,  and 

Colony  of  Connecticut,         .  .  .52 

soldiers  in  the  service  of: 
relative  to  executions  against,      .  .  .  378 

relative  to  pay  of,  for  nursing,  etc.,       .  .  285 

temporary  laws  of: 
index  to  be  made  of,  .  .  .  .  .  327 

relative  to  the  distribution  of,      .  .     304,  347 

relative  to  the  re-printing  of,        .  .  .  120 

western  borders  of: 
petition   of   inhabitants   on,    complaining   of 

persecutions,      .....  139 
relative  to  expenses  in  laying  out  lands  on,       .  104 


MASSACHUSETTS   FORT. 

,  allowance  on  account  of  loss  of  time,  wounds, 
etc.,    while    in    service    at,    to   Robert 
Eames,      .  .  .  .  .  .67 

bounty  for  men  enlisting  for  service  at,  estab- 
lished  349 

chaplain  at,  wages  of,  established,  .  .  .  531 

garrison  at,  relative  to,    181,  183,  344,  395,  473,  624, 

694,  708 
German  township  at,  relative  to,     .          .  8,  19 
wages  due  Elkanah   Paris  for   service  at,  al- 
lowed  350 

MASSACHUSETTS   FRIGATE,  the  ship, 
payment  for,  relative  to,         ....  358 
wages  due  John  Russell  on,  allowed,         .  .     19 

MATTAKEESET   INDIANS. 

relative  to  lands  of  certain,     .  .      419,  581,  738 

MEDFIELD,  Town  of. 
French  Neutrals  to  be  transferred  to,       .  .  606 

petition  of  certain  inhabitants  of,  and  of  Med- 

way,  for  a  new  trial,  .  .  .  .44 

MEDFORD.  Town  of. 
certain  inhabitants  of  Charlestown  annexed  to, 

relative  to  taxes  of,    .  .  .  .  161 

certain  inhabitant  of  Charlestown,  with  his  es- 
tate, annexed  to,         ...  .  159 
certain  lands  in  Charlestown,  with  the  inhabi- 
tants thereon,  annexed  to,             .          .  155 
Province  Treasurer  to  pay  a  certain  sum  to,     .  105 
MEDICINE. 
allowance  to  Dr.  William  Thomas  for,  etc.,       .     30 
for  soldiers  in  Kennebec  River  Expedition,  al- 
lowance for,        .....  288 
MEDUMCOOK,  Township  of. 

inhabitants  of,  to  serve  as  soldiers,  .  .  725 

MEDWAY,  Town  of. 
certain  inhabitants  of,  and  of  Medfield,  petition 

of,  for  a  new  trial,       .  .  .  .44 

French  Neutrals  to  be  transferred  to,       .  .  606 

MEETING-HOUSES. 
in  Brookfield,  relative  to,        .  .  .  .  143 

in  Dunstable,  relative  to  erecting,  .  .  .  290 

in  Gloucester,  First  parish,  room  in  the  gallery 

of,  to  be  sold, 745 

in  Holden,  tax  for  finishing,  ....  284 
in  Natick,  relative  to,    .  .  .  .  .71 

in  Provincetown,  allowance  to  repair,  etc.,        .  572 
MENDON,  Town  of. 

boundary  between,  and  Uxbridge,  established,  141 
MERMAID,  the  brigantine. 
John  Tozer,  master: 
provisions  to  be  exported  on,  to  Newfound- 
land  437 

MERRIMAC,  the  schooner. 
Enoch  Howard,  master: 
neat  cattle  and  sheep  to  be  exported  on,  to 

Halifax, 592 

MERRIMAC   RIVER. 
frontiers  between  Connecticut  River  and,  rela- 
tive to  fortifications  on,       .  .     226,  228 
island  in,  use  of,  granted  to  Wilham  Blodget 

and  others,         .....  625 
men  to  scout  between   the  Connecticut  and, 

relative  to,  .  .  .       344,  376,  473 

relative  to  measures  to  be  taken  to  prevent  the 

destruction  of  fish  in,  ...  507 


Index. 


849 


82 


.  312 

.  409 

.  509 

114,312,  704 


.  696 


24 


135 


MESSAGE. 

of   Governor,   relative   to  interpreter  at   Fort 
Richmond,  ..... 

METHITEN,  Town  of. 

French  Neutrals  to  be  transferred  to,       .  .  594 

MIDDLEBOBOnGH,  Town  of. 

First  parish  in,  committee  on  differences  in,   191,  341 
MIDDLEBOROUGH  INDIANS. 
Job  Ahauton,  impowered  to  sell  land,       .  .  332. 

petition  of  Job  Ahauton,  in  regard  to  a  deed,  .   145 
MTDDLEBOROUGH  PRECINCT. 
meeting  to  be  called  at,  ....  403 

MIDDLEBURGH,  the  brigantine. 
Richard  Humphrey,  master: 
provisions  to  be  exported  on,  to  Essequibo,    .  562 
MIDDLESEX   COUNTY. 

court  of  general  sessions  in,  clerk  of,  directed  to 

return  fines  to  Jonathan  Sheple,  .  .  630 

courts  in,  adjourned,      .  .  .      233,  295,  588 

farmers  of  excise  in: 
committee  to  choose,    26,  186,  245,  372,  458,  487, 

612,  631,  661 
Elisha  Jones,  appointment  of, 
Ezekiel  Price,  appointment  of, 
Braddyal  Smith,  appointment  of, 
WilUam  Story,  appointment  of, 
jail  in,  relative  to  the  release  of  certain  prisoners 

from, 
judge  of  probate  for,  impowered  to  allow  more 
time  for  entering  claims  against  an  es- 
tate, ...... 

judge  of  probate  for,  impowered  to  take  new 
security  for  fulfiUing  the  will  of  Joseph 
Read,         ...... 

justices  of  court  of  general  sessions  in,  impow- 
ered to  grant  a  license,     57,  61,  69,  80,  113, 
131,  169,  170,  220,  223,  270,  275,  278,  303  bis, 
402,  449,  490,  560 
justices  of  superior  court  in,  impowered  to  hear 

and  try  cause,    .....  278 

sheriff  of: 
to  cause  French  Neutrals  in  Charlestown   to 

be  conveyed  to  certain  towns,      .  .  606 

to    transport    James    Morris    and   family    to 

Leicester  and  Spencer,  .  .  .  593 

treasurer  of,  account  allowed,  .  9,  181,  340,  553 

MIDDLETON,  Town  of. 

French  Neutrals  to  be  transferred  to, 
IVEELLER'S   RIVER. 
Province  Lands  between  town  of  Sunderland 
and,  relative  to,  .... 

MILTON,  Town  of. 
certain  inhabitants  of,  and  Braintree  to  be  an- 
nexed to,  . 
MINISTERIAL   TAXES. 
in  Leicester,  assessment  for,  deemed  good  and 
valid,         ...... 

in  Natick,  relative  to,    . 

in  Taunton  and  Middleborough  precinct,  rela- 
tive to,      . 
MINISTERS. 
in  Brookfield,  First  precinct,  relative  to  salary  of,  282 
in  Provincetown,  allowance  for  support  of,  etc.,  572 
John  Simon,  Indian,  petition  of,  relative  to  sale 

of  lands  belonging  to  Titticut  Indians,    .     57 
MINISTRY. 

in  Dunstable,  relative  to  the  support  of,  .  205 

MINORS. 
Mary  Burleigh,  impowered  to  execute  deed,      .  215 
estate  belonging  to,  relative  to  division  of,    48,  131 


579 


116 


152 


115 
240 


376 


MINORS  —  continued. 
guardians  of: 
impowered  to  convey  land  on  Ann  Street  to 

Boston,     ......  160 

impowered  to  execute  a  deed,     275,  297,  569,  570 
impowered  to  .sell  land,    23,  45,  59,  63,  64,  74,  78, 
83,  88,  100,  122,  140,  142,  180,  182,  197,  213, 
273,  285,  297,  303,  306,  309,  360,  411,  412, 
420,  547,  548,  588,  625,  635,  642,  735,  747, 
762 
of  estate  of  Nathan  Bradley,  relative  to  the 

appointment  of,  ....  516 

with  executor  and  Mary  Thatcher,  impowered 

to  sell  land,         .  .  .  .  .351 

with    others,    impowered    to    sell    estate    of 

Phineas  Ashley,  .  .  .  .43 

MOCCASINS. 
snow-shoes  and,  to  be  provided  for  men  serving 

as  scouts,  .....  694 

to  be  provided  for  garrison  at  Taconick,  .  215 

MOHAWK   INDIANS. 
at  Stockbridge: 
account  of  Joseph  Dwight  of  disbursements 

on,  allowed,        .  .  .  .  .119 

allowance  to  Joseph  Dwight  to  provide  for,  .   122 
Joseph  Dwight  to  continue  school  for,             .   124 
expenses  of,  allowance  to  Maj .  Williams  for,  .     35 
interpreter  for  children  of,  allowance  to,         .  267 
relative  to  articles  provided  for  school  for,     .   141 
MONEY, 
advanced  by  captains  to  impressed  men,  rela- 
tive to 437 

committee  to  transfer,  etc.,  in  the  treasury,  to 

the  new  treasurer,  appointment  of,        .     32 
in  the  hands  of  the  Register  of  the  Court  of 

Admiralty,  committee  to  receive,  .  611 

MURDER. 
of  William  Race,   an  inhabitant  on   Province 
lands  west  of  Sheffield  and  Stockbridge, 
relative  to,  ....  .  313 

MUSTER-MASTERS. 

for  Crown  Point  expedition,  allowance  to,  .  460 

MUSTER-ROLLS. 
Capt.  Edmund  Bemis  allowed  to  rectify  a  mis- 
take in  his,  .....  718 
Commissary  General  to  inspect,       .  .  .231 
deficiency  in  wages  on,  allowed: 

to  Thomas  Clark 733 

to  David  Cook, 706 

to  Lewis  Diesh, ......  706 

to  Alexander  McFarland,     ....  472 

to  William  Pulling,     .....  757 

to  Ebenezer  Reading,  ....  591 

to  Zerubbabel  Snow,  .....  512 

to  Joshua  Warner,       .....  655 

to  William  Wood, 739 

for  Crown  Point  expedition,  relative  to  making 

up 440,  448,  639 

half-pay  of  soldiers  omitted  on,  allowed: 

to  John  Jones,    .  .  .  .  .  .751 

to  William  Pell 719 

Samuel  Lowell  allowed  to  make  up,  for  self  and 
William    Merritt,    as   gunners    at    Fort 

Edward 589 

of  Capt.  James  Andrews: 

wages  of  an  Indian  on,  to  be  paid  io  Philip 

Wheeler, 571 

of  Maj.  John  Ashley: 
deficiency  in  wages  of  certain  soldiers  on,  al- 
lowed,       ......  549 


850 


Index. 


MUSTER-ROLLS  —  continued. 
of  Capt.  Blake: 

wages     of     Jonathan     Bishop     on,     allowed 

Thomas  Faxon,  .  .  .  .719 

of  Capt.  Nathaniel  Blake: 

wages  omitted  on,  allowed  Peter  Porter,         .  494 
of  Ensign  James  Carr,  allowed,        .  .  .  749 

of  Capt.  Elisha  Chapin: 
relative  to  making  up,  ....  214 

wages  due  Elkanah  Paris  on,  allowed,  .  .  350 

of  Capt.  John  Clap: 
half-pay  of  soldiers  omitted  on,  allowed: 
to  Joseph  Dariing,  .....  718 
to  Seth  Kingman,    .....  718 
of  Capt.  Clesson: 
wages  due  Jonathan  Bonney  on,  allowed  his 

father 752 

of  Capt.  Sylvanus  Cobb: 
wages   due  Thomas  Colby,   omitted  on,   al- 
lowed,       .  .  .  .  .  .229 

of  Capt.  Seth  Gushing,  at  Fort  William  Henry: 
wages  due  an  Indian  on,  to  be  paid  to  Philip 

Wheeler, 571 

of  Capt.  Eliphalet  Failes: 
wages  due  Jonathan  Green  omitted  on,  al- 
lowed,       ......  636 

of  Capt.  Gage: 
wages  due  Benjamin   Presbury  on,  allowed 

Isaac  Foster,      .  .  .  .  .501 

of  Maj.  House: 
deficiency  in  wages  of  Joseph  Walker  on,  al- 
lowed,       ......  756 

of  Capt.  Jonathan  Hubbard: 

wages   due   Shadrach   Bedorthy  on,   allowed 

Gideon  Henderson,      ....  701 

of  Capt.  Ingersol: 

deficiency  in  wages  of  Seth  Root  on,  allowed,   726 
of  Capt.  Jonathan  Ingersol: 
deficiency  in  wages  of  Ezekiel  Morgan  on,  al- 
lowed,       ......  555 


MUSTER-ROLLS  —  continued. 
of  Capt.  Ebenezer  Jones: 
amount  due  Kendall  Goodwin  on,  for  subsist- 
ence, allowed  his  father,       .  .  .  689 
of  Capt.  John  Lane: 
wages  due  Samuel  Capen  omitted  on,  allowed 

Samuel  Capen,  .....  731 
of  Capt.  Ebenezer  Moulton: 
amount  for  billeting  Timothy  Colton  on,  al- 
lowed his  father,  .  .  .  .716 
of  Capt.  Phineas  Osgood: 

omission  on,  of  money  advanced,  allowed,     .  262 
of  Capt.  Gideon  Parker: 
half-pay  of  soldiers  omitted  on,  allowed  to 

Lawrence  Clark,  .  .  .  .718 

of  Capt.  Asa  Whitcomb: 
billeting  account  of  John  Farrar  on,  allowed 

to  administratrix,        ....  742 
of  Capt.  John  Wright  to  be  examined,     .  .  717 

relative  to  payment  of  allowance  on,  for  soldiers' 

subsistence,        .....  445 
relative  to  the  Crown  Point  expedition,  to  be 
lodged  with  the  clerk  of  the  House  for 
inspection,  .....  658 

soldiers'  wages  unpaid  on,  in  the  hands  of  the 
late  Treasurer,  an  abstract  of,  to  be 

taken, 108 

vote  relative  to  preventing  frauds  in,       .  .  754 

wages  due  Hezekiah  Coller  on,  to  be  paid  to 

Capt.  Daniel  Brewer,  .  .  .  571 

wages  omitted  on,  allowed: 

to  Elisha  Bolton 734 

to  Joel  Bradford,         .....  479 

to  Joseph  Metcalf 160 

to  Jonas  Newton,  .....  733 
to  Nehemiah  Stebbins,  ....  380 
to  John  Walker,  .....  237 

to  widow  of  Robert  Matthews,     .  .  .  739 

Dr.  Miles  Whitworth,  wages  of,  to  be  made  up 

on,  in  full,        - .  .         .  .  .  772 


K 


NANTUCKET. 

Province  tax  in,  relative  to,   . 
NANTUCKET    COUNTY. 
farmers  of  excise  in: 
committee  to  choose,    28,  188,  244,  374,  460,  614, 

637,  663,  761 
Thomas  Arthur,  appointment  of, 
Obed  Hussey,  appointment  of, 
NANTUCKET   INDIANS. 
complaints  by,  relative  to, 
guardians  of,  appointment  of, 
NARRAGANSETT    TOWNSHIP 
ONE. 
boundary  between,  and  Narragansett  Township 
Number  Seven,  to  be  settled, 
NARRAGANSETT   TOWNSHIP      NUMBER 
TWO. 
Mary  Cook,  executrix,  impowered  to  sell  two 

lots  in, 
Rebecca    Wellington,    administratrix,    impow- 
ered   to     execute    a    deed    of    a    lot 


638 


330,  537 
51,  537 


21,  357 
.  110 


NUMBER 


93 


.  649 


NARRAGANSETT     TOWNSHIP     NUMBER 
FOUR. 

confirmation  of  a  plat  of  land  to,     . 


20 


38 


NARRAGANSETT    TOWNSHIP     NUMBER 
SEVEN. 

boundary     between     Narragansett     Township 

Number  One  and,  to  be  settled,  .          .     93 
confirmation  of  plan  of,           .           .          .           .89 
NATICK   INDIANS. 
Joshua  Brand,  allowed  to  enter  an  appeal,        .  149 
Joshua  Brand,  petition  of,  to  set  aside  a  judg- 
ment  200 

guardians  of: 

appointment  of,  .  .  .  .  .110 

impowered  to  survey  and  set  off  land  in 
Natick  belonging  to  certain  Indians  of 
Providence,        .....  334 


Sarah  Waban,  impowered  to  sell  land. 

142,  218, 

548 

impowered  to  sell  land: 

administrator  of  Nathaniel  Coochuck, 

.  148 

Thomas  Awonsamugg, 

.  655 

Eunice  Brooks, 

.  656 

Jacob  Chalcom, 

,  195 

Joseph  Comecho, 

.  421 

Isaac  Ephraim, 

.     61 

John  Ephraim,  . 

.  143 

Joseph  Ephraim, 

60,  335 

Index. 


851 


NATICK  INDIANS  —  continued. 
impowered  to  sell  land  —  continued. 

Caesar  Ferrit 116,  335 

Elisabeth  Lawrence,  .  .  .  .  .75 

Samuel  and  Elisabeth  Lawrence,  .  .  308 

Sarah  Pegan,      ......  610 

Joseph  and  Zipporah  Poignet,       .  .  .  555 

Samuel  Poignet,  .....  605 

Elisabeth  Rumney-marsh,  ....  142 

Daniel  Thomas,  .....  337 

Benjamin  Tray,  .....  354 

NATICK,  Township  of. 
Joseph  Brand  of  Needham,  impowered  to  sell 

land  in,     .  .  .  .  .  .  421 

common  lands  in,  relative  to,  ...  334 

French  Neutrals  to  be  transferred  to,       .  .  606 

meeting  to  be  called  at,  for  choice  of  officers,  .  240 
relative  to  meeting-house  in,  ...     71 

NEEDHAM.  Town  of. 
certain  French  Neutral  family  to  be  transferred 

to 594 

French  Neutrals  in,  to  be  removed,  .  .  772 

NEGRO    SLAVES. 

lists  of,  to  be  sent  to  the  Secretary,  .  .  223 

NEPTUNE,  the  brigantine. 
provisions  to  be  exported  on,  to  Bay  of  Hon- 
duras,       ......  383 

NEPTUNE,  the  schooner. 
Thomas  Harding,  master: 
provisions  to  be  exported  on,  to  Surinam,  447,  512 
NEW   BRAINTREE,  District  of. 
gore   of   land   between   Braintree   Farms   and 

Brookfield  to  be  included  in,         .  .  340 

NEWBURY,  Town  of. 
Margaret  Dowsett,  a  French  Neutral,  to  be  al- 
lowed to  live  with  her  brother  at,  .  594 
NEW   CASCO. 

in  Falmouth,  erected  into  a  precinct,       .  .     76 

NEW    CASTLE,  District  of. 

to  be  provided  with  Province  Laws,         .  .     32 

NEW  ENGLAND. 
map  of  the  four  governments  of,  report  of  com- 
mittee on,  .  .  .  .  .58 

NEWFOUNDLAND. 
provisions  to  be  exported  to, .  .  .     437,  482 

sheep  to  be  exported  to,  ...  .  591 

NEW   FRAMINGHAM,  Township  of. 
Thankful    Gleson,    administratrix,    impowered 

to  sell  land  right  in,    .  .  .  .85 

NEW    GLOUCESTER,  Township  of. 

inhabitants  of,  to  serve  as  scouts,     542,  564,  707 
NEW  HAMPSHIRE. 
boundary  between  Province  of  Massachusetts 

Bay  and,  relative  to,  •         .  .       45,  184 

copies  of  report  of  committee  on  Governor's 
speech,  relative  to  the  Western  expedi- 
tion, to  be  sent  to,      .  .  .  .  296 

NEW    MARBLEHEAD.  Township  of. 

inhabitants  of,  to  serve  as  soldiers,  .  .  707 

NEW   TRIAL. 
petition  of: 

John  Baker  for, 426 

Margaret  Elliot  for 207 

Oliver  ElUs  and  others,  of  Medfield  and  of 

Medway,  for,      .  .  .  .  .44 


NEW  TRIAL  —  continued. 
petition  of  —  continued. 
Nathan  Peabody  and  Spencer  Bennet  for,     .  235 
Aaron  Plummer  for,    .  .  .  .  .44 

Alexander  Raitt  for,  .....  390 
John  Shepherd  for,     .....  203 
Thomas  Steel  for,        .....  315 
NEW   YORK. 
boundary  between  Province  of  Massachusetts 

Bay  and,  relative  to,  16,  45,  53,  57,  79,  146, 

157  bis,  177 

NIAGARA   EXPEDITION. 

enlistment  of  men  for,  relative  to,  .  .  .  349 

report  of  committee  on,  ....  328 

NORRIDGEWOCK   INDIANS. 

presents  for,  relative  to,  .  .  .     198,  215 

NORTHAMPTON,  Town  of. 
assessment  of  taxes  in,  relative  to,  .  .  206 

new  township  west  of,  between  Northampton 
and  Pontoosuck: 
committee  to  lay  out,  ....  109 

three  rights  in,  granted  to  Joseph  Dwight,     .  119 
Province  lands  west  of,  between  Northampton 
and  Pontoosuck: 
allowance  for  surveying  of , .  .  .  .  229 

relative  to  sale  of,       .  .  .  .     102,  207 

NORTH   CAROLINA. 

gun-powder  to  be  exported  to,         .  .  .  398 

NORTHERN  FRONTIERS. 
officers  and  soldiers  on,  establishment  of  wages 

of 475 

NORTHFIELD,  Town  of. 

garrison  at,  relative  to, .  .        344,  473,  624,  708 

NORTH  YARMOUTH,  Town  of. 
township   near,   granted   to   Jonathan    Powers 
and  others,   further  time  allowed  for 
settlement  of,     .  .  .  .  .  208 

NORTON,  Town  of. 
certain  inhabitants  of  Second  parish  in  Stough- 
ton,  with  their  estates,  annexed  to  north 
precinct  in,         .  .  .  .  .84 

fine  remitted  to,   .  .  .  .  .  .  169 

NOTTINGHAM,  Town  of. 

part  of,  annexed  to  Dunstable,        .  .  .  184 

NOVA   SCOTIA 
agents    for    the    affairs    of,    allowed    to    send 
sick  soldiers  to  hospital  on  Rainsford 
Island,       ......  546 

French  inhabitants  of,  relative  to  the  disposi- 
tion of,      .  .401,  423,  425,  428,  529,  551 
[Charles]  Lawrence,  Governor  of,  committee  to 

wait  upon,  appointment  of,           .  .  655 
soldiers  in  service  at,  relative  to  the  enlistment 
of,  for  the  proposed  Crown  Point  expe- 
dition  448,  456 

NUMBER    ONE,  Township  of. 
invalid  soldiers  passing  through,  to  be  provided 

for 610 

NUMBER   FOUR,  Township  of. 
garrison  at,  relative  to, .  .  .  .     121,  239 

men  to  be  employed  to  explore  the  country 

from,  to  Crown  Point  and  Otter  Creek,  474 
men   to   be   enlisted   from   Province   of   New 

Hampshire  for  defence  of,   .  .  .  553 

men  to  be  enfisted  to  serve  as  soldiers  at,  .  261 


852 


Index. 


0. 


OFFICEBS. 

allowance  to,  for  enlisting  soldiers  going  east- 
ward,        ......  153 

and  men  on  sloop  Massachusetts,  establishment 

of  wages  of,        ....  .  574 

and  seamen  aboard  Province  vessels,  establish- 
ment of  wages  of,        .  .  .  .  678 

and  soldiers: 
for  the  present  expedition,  rate  of  billeting 

for,  estabhshed,  ....  734 

on  Eastern  frontiers,  establishment  of  wages 

of 347,475 

on  Western  frontiers,  establishment  of  wages 

of 347,  475,  708 

under  command  of  the  Earl  of  Loudoun: 
estabUshment  of  wages  of,  .  .  .  669 

to  be  provided  with  coats  and  hats,  .     686,  688 
baggage  of,  relative  to  transportation  of,  .  770 

chief,  for  recruits  being  raised  for  Crown  Point 

expedition,  establishment  of  wages  of,  .  592 
chief  [Maj.  Gen.  John  Winslow],  allowance  to, 

for  table  expenses,      ....  756 
colonels  or  chief  commanding,  bounty  money 

for  soldiers  to  be  paid  to,     .  .  .  671 

commissioned,  in  Crown  Point  expedition  to  be 

paid  one  month's  advance  wages,  .  770 

in  artillery  in  Crown  Point  expedition,  estab- 
Ushment of  wages  of,  .  .     315, 492 
in  Crown  Point  expedition: 
allowance  to,  for  subsistence  and  travel,        .  317 
enlisting,  relative  to,  .          .         365,  367,  456,  462 


OFFICERS  —  continued. 
in  Crown  Point  expedition  —  continued. 
enlisting,  to  continue  enhstment  of  soldiers,  .  487 
establishment  of  wages  of,  .  311,  666,  667 

field,  stores  to  be  provided  for,     .  .  .  328 

sundry  amounts  allowed,     .  .  .  .771 

to  be  entitled  to  one  month's  advance  pay,   .  329 
in  former  precinct  of  Lincoln,  impowered  to 

settle  their  accounts,                                 .173 
precinct,  to  be  chosen  in  Middleborough  Pre- 
cinct  403 

town,  to  be  chosen  for  part  of  town  of  Concord, 

formerly  known  as  District  of  Carlisle,.  611 
under  the  command  of  the  Earl  of  Loudoun, 

estabUshment  of  wages  of,  .  .  .  755 

OLD   TENOB   BILLS. 
ratio  of,  to  lawful  money,       ....  354 

OBDNANCE    PACKET,  the  brigantine. 
Duncan  Ingraham,  master: 
provisions  to  be  exported  on,  to  Surinam,      .  488 
OTTEB   CBEEK. 
men  to  be  employed  to  explore  the  country 

from  Number  Four  to,         .  .  .  474 

OVEBSEEBS   OF   THE   POOB. 
in  Salem,  to  remove  French  Neutrals  to  certain 

towns,       ......  670 

OXFOBD,  Town  of. 
constables  in,  proceedings  of,  ratified  and  con- 
firmed,     ......  485 

OX  TEAMS. 
impressed  into  pubUc  services,  aUowance  for,    .  664 


P. 


PAPEBS. 

for  Agent  BoUan,  relative  to,  .  .         32,  55 

on  settlement  of  boundary  between  Province  of 
Massachusetts  Bay  and  Connecticut, 
relative  to,  .....     48 

FABISHES   OB  PBECINCTS. 

Cape  lands  in  Gloucester,  to  be  erected  into,      .     94 

First,  in  Brookfield,  certain  inhabitants  of,  to 

be  annexed  to  Third  precinct,  336,415 

First,  in  Brookfield,  petition  of  the  agent  of, 
relative  to  the  assessment  for  salary  of 
minister,   ......  282 

First,  in  Brookfield,  report  of  committee  on  pe- 
titions of  inhabitants  of,      .  .  .  143 

First,  in  Cambridge,  certain  inhabitants  of 
Watertown,  with  their  estates,  annexed 
to 154 

First,  in  Gloucester,  room  in  the  gallery  of  meet- 
ing-house in,  to  be  sold,       .  .  .  745 

First,  in  Middleborough,  committee  on  differ- 
ences in,    .  .  .  .  .     191, 341 

First,  in  Wells,  meeting  to  be  called  at,  .  .  169 

First,  in  Wells,  proceedings  of  meetings  in,  con- 
firmed,     ......  226 

Georgetown,  certain  inhabitants  of,  with  their 

estates,  erected  into,  .  .  .  .39 

in  District  of  Spencer,  certain  inhabitants  of 
Brookfield,  with  their  estates,  to  be  an- 
nexed to,  .....     42 

Lincoln,  before  its  incorporation  into  the  town 
of  Lincoln,  officers  in,  impowered  to 
settle  their  accounts,  .  .173 


FABISHES   OB  PBECINCTS  —  continued. 
Middleborough,  meeting  to  be  called  at,  .  403 

New  Casco,  part  of  Falmouth,  erected  into,  .  76 
new,  in  Dunstable,  erected,  ....  350 
North,  in  Berwick,  town-meeting  to  be  caUed  at,  152 
North,  in  Harwich,  confirmation  of  vote  of,  .  670 
North,  in  Maiden,  Benjamin  Bucknam  allowed 

to  continue  with,         ....  552 
North,  in  Maiden,  certain  family  in,  with  estate, 

to  be  annexed  to,        ....  316 
North,  in  Norton,  certain  inhabitants  of  Second 
precinct  in  Stoughton,   with  their  es- 
tates, annexed  to,       .  .  .84 
Quabin,  parish-meeting  to  be  called  at,  .          .     25 
Second,  in  Brookfield,  petition  of  Francis  Dodge 

and  others  of,  in  regard  to  taxes,  .  565 

Second,  in  Brookfield,  petition  of  inhabitants 

of,  relative  to,    .  .  .  .  .  143 

Second,  in  Falmouth  (York  County),  records 

of,  declared  good  and  vaUd,          .          .  538 
Second,  in  Pembroke,  to  be  annexed  to  Pem- 
broke  177 

Second,    in   Shrewsbury,   assessors   of,   assess- 
ments made  by,  to  be  held  good  and 
vaUd,         ......  633 

Second,  in  Stoughton,  certain  inhabitants  of, 
with   their  estates,  annexed  to  North 
precinct  in  Norton,     .  .  .  .84 

South,  in  District  of  Danvers,  assessors  of,  to 

issue  new  warrants  to  the  collectors,      .  622 
South,  in  Harwich,  assessors  of,  confirmation 

and  estabUshment  of  rates  of,       .  .  333 


Index. 


853 


PARISHES    OR   VRECINCTS  —  continued. 
South,  in  Ipswich,  certain  polls  and  estates  set 

off  to,        .  .  .  .  .  .37 

South,  in  Maiden,  certain  families  in,  with  their 

estates,   to  be  annexed  to  the   North 

parish,       ......  200 

South,  in  Maiden,  certain  family  in,  with  estate, 

set  off  from,  .....  316 
South,  in  Maiden,  impowered  to  call  a  meeting,  42 
Taunton  and  Middleborough,  taxes  in,  relative 

to 376 

Ware  River,  certain  inhabitants  of  Brookfield, 

with  their  estates,  to  be  annexed  to,  149,  419 

PARLIAMENTARY    GRANT. 

disposition  of,  report  of  committee  on,     .  .  584 

Province  Treasurer  directed  in  regard  to,  .  58S 

PARTITION   OF   LANDS. 

common  lands  in  Colrain,        ....  297 

confirmation  of,     .  .  .  .  .  .   191 

Caleb  Eangsbury,  guardian,  impowered  to  join 

with  Ephraim  Ware  in,        .  .  .  735 

petition  of   Hannah  Goddard,   administratrix, 

for,  granted,       .....  633 

PAYQUAGE,  Township  of. 

relative  to  the  defence  of,       .  .  .  .  260 

relative  to  rights  to  land  in,  .  .  .     416,  683 

substituting  a  committee  on  affairs  at,     .  .   139 

PEARSON  Sc  HOBB'S  TOWN,  Township  of. 

inhabitants  of,  to  serve  as  soldiers,  .     517,  707 

PEGGY,  the  brigantine. 
gun-powder    to    be    exported    on,    to    North 

CaroHna,   ......  398 

PEGGY,  the  schooner. 
Thomas  Farrall,  master: 
provisions  to  be  exported  on,  to  Bay  of  Hon- 
duras,       ......  518 

PELHAM,  Town  of. 

collectors  and  surveyors  of,  relative  to,    .  .   192 

town-meeting  to  be  called  at,  .  .  .63 

PEMAQUID    FORT  (Fort  Frederick). 
Capt.  John  North,  commanding  officer  at: 
John  McKethney  to  give  evidence  in  regard 

to, 765 

men  to  be  posted  at,      .  .        344,  395,  473,  707 

repairs  at,  etc.,  relative  to,     .  .  .  .97 

PEMBROKE,  Town  of. 
allowance  to  Jacob  Tubbs  of,  for  maintenance 

of  a  disabled  soldier,  ....  298 
French  Neutrals  to  be  transferred  to,       .  .  579 

grant  of  unappropriated  land  in,  for  grammar 

school,  boundary  of,  to  be  ascertained,     20 

Province  tax  in,  relative  to,    .  .  .  .  299 

Second  precinct  in,  to  be  annexed  to  Pembroke,   177 

taxes  in,  relative  to,       ....  .  227 

PENOBSCOT   INDIANS. 

bounty  for,  or  scalps,  allowed,  .  .  .  396 

presents  for,  relative  to,  .  .  .     198,  215 

relative  to,  becoming  our  allies,       .  .  .  379 

PENSION, 
to   Joseph   Bane,   interpreter  at   St.    George's 

River,  allowed,  .....  330 
to  Judah  Clark,  allowed,  ....  739 

to  Simon  Davis,  allowed,  ....  557 
to  Nathaniel  Hix,  allowed,  ....  339 
to  Moses  Hoyt,  allowed,  .  .  .  .62 

to  Daniel  Job,  an  Indian,  allowed,  .  .     42 

to  Josiah  Mead,  allowed,  .  .  .  .24 

to  Robert  Miller,  allowed 180 

to  James  Pierce,  allowed,  ....  140 
to  Benjamin  Pomroy,  allowed,         .  .  .  220 


576 
550 


690 


512 


565 


PENSION  —  continued. 
to  William  Rutter,  allowed,    .  .  .  .16 

to  Vincent  Shuttleworth,  allowed,  .  .  .67 

to  Nathan  Thompson: 
allowed,     .......  557 

first  year's,  to  be  paid  at  once,     .  .  .  559 

to  Wilham  Thome,  allowed,  ....  623 

to  Thomas  White,  allowed,    ....  616 

to  Ephraim  Winship,  allowed,  .  .  .  727 

PEPPERELL,  District  of. 

assessment  of  taxes  in,  relative  to,  .  .  206 

PETERSHAM.  Town  of. 

town-meeting  to  be  called  at,  .  .  .173 

tract  of  land  granted  to  Thomas  Farmer  and 

others  to  be  annexed  to,      .  .  .  578 

PETITIONS. 
for  Indian  lands  to  be  purchased  west  of  Shef- 
field, to  be  erected  into  a  district,  re- 
ferred,      ...... 

of  agent  of  Wrentham,  order  of  notice  on, 
of  Israel  Averil  to  prosecute  his  appeal,  order  of 
notice  on,  ..... 

of  John  Barker  for  a  new  trial,  order  of  notice 

on, 426 

of  Francis  Cogswell,  order  on,  impowering  the 

referees  to  rectify  a  mistake, 
of  Francis  Dodge  and  others  of  Second  parish  in 
Brookfield  in  regard  to  taxes,  order  of 
notice  on, ...... 

of  inhabitants  of  District  of  Charlton  and  the 
Gore  adjacent,  to  be  erected  into  a  dis- 
trict, referred,    .  .  .       516, 544,  629 
of  selectmen  of  Lincoln: 
order  of  notice  on,       .....  550 

referees  impowered  to  reconsider  their  report 
on,    ....... 

of  Eleanor  Tibaudeau,  granted, 
of  Watertown  for  certain  persons,   with  their 
estates,  to  be  annexed,  order  of  notice 
on,   ..... 

of  John  Wright  to  have  proceedings  on  Rev.  Mr. 
Gardner's  suit  set  aside,  etc.,  order  of 
notice  on, ...... 

PHYSICIANS   AND    SURGEONS. 
physicians: 
Dr.  Eleazer  Harlow,  account  of,  for  medicine, 
allowed,     ...... 

Joseph  Richards,  allowance  to,     . 
Dr.  Bezaliel  Toppan,  petition  of,  in  regard  to 
a  decision,  ..... 

surgeons: 

in  the  Crown  Point  expeditions: 
allowance  to,  . 

Dr.  Charles  Pynchon,  appointment  of, 
relative  to  payment  of  wages  of. 
Dr.    William    Thomas,    allowance    to,   for 

medicine  and  services, 
to  be  accountable  for  instruments  and  medi- 
cines, ...... 

Solomon  Wheat,  allowance  to,  for  services 
as,    ....... 

Dr.  Miles  Whitworth,  relative  to  wages  of, 

726,  772 
PILOT. 

to  Canada,  allowance  to, 
PLANTATIONS    OR    TOWNSHIPS. 
Broadbay  (Waldoborough,  Maine): 
inhabitants  of,  to  be  put  into  service, 
men  to  be  posted  at,  . 
warlike  stores  to  be  sent  to. 


578 
577 


.  747 


737 


288 
212 


283 


515 
521 
469 

30 

517 

692 


117 


.  707 

500,  545 

.  289 


854 


Index. 


PLANTATIONS      OR      TOWNSHIPS  —  con- 
tinued. 

Charlemont: 
allowance  to  Aaron  Rice  of,  for  wages  and 

billeting  men,     .....  465 
garrisons  at,  relative  to,       .  .  .     344, 395 

Hawk's  garrison  at,  relative  to,  473,  624,  694,  708 
Rice's  garrison  at,  relative  to,  .  441,  694,  740 
Taylor's  garrison  at,  relative  to,  473,  624,  694,  708 

Cold  Spring: 
tax  to  be  assessed  upon  lands  of  non-residents 

in 681 

Colrain  (Boston  Township  Number  Two) : 
common  lands  in,  partition  of,      .  .  .  297 

garrisons  at,  relarive  to,  344,  395,  473,  624,  708 
inhabitants  of,  to  serve  as  soldiers,        .  .  356 

Dorchester  Canada: 
certain  proprietors  of,  petition  of,  to  have 

judgments  set  aside,  ....  374 

Falltown: 
garrisons  at,  relative  to,    344,  395,  473,  624,  708 
petition  of  inhabitants  of,  report  of  commit- 
tee on,       208 

taxes  in,  relative  to,   .  .  .  .       50,  208 

Gardner  Canada  Township: 
further  time  allowed  for  settlement  of,  .  216 

Gorham  or  Gorhamtown: 
confirmation  of  plan  of,        .  .  .  .89 

Hunts  Town: 
inhabitants  of,  relative  to  the  protection  of,  .  567 


men  to  be  posted  at,  . 
Medumcook: 

inhabitants  of,  to  serve  as  soldiers, 
Narragansett  Township  Number  One: 
boundary  between,  and  Narragansett  Town- 
ship Number  Seven,  to  be  settled, 
Narragansett  Township  Number  Two: 
Mary  Cook,  executrix,  impowered  to  sell  two 
lots  in,       .....  . 

Rebecca     Wellington,     administratrix,     im- 
powered to  execute  a  deed  of   a   lot 


708 


725 


93 


649 


20 


Narragansett  Township  Number  Four: 

confirmation  of  a  plat  of  land  to, 
Narragansett  Township  Number  Seven: 
boundary    between    Narragansett    Township 

Number  One  and,  to  be  settled,  . 
confirmation  of  plan  of,       . 
Natick: 
Joseph  Brand  of  Needham  impowered  to  sell 

land  in,      . 
common  lands  in,  relative  to,       . 
French  Neutrals  to  be  transferred  to,    . 
meeting    to    be    called     at,    for    choice    of 
officers,     ...... 

relative  to  meeting-house  in,         . 
near  North  Yarmouth,  granted  to  Jonathan 
Powers  and  others,  further  time  allowed 
for  settlement  of ,         . 
New  Framingham: 
Thankful  Gleson,  administratrix,  impowered 
to  sell  land  right  in,    . 
New  Gloucester: 

inhabitants  of,  to  serve  as  scouts,     542,  564,  707 
New  Marblehead: 

inhabitants  of,  to  serve  as  soldiers,        .  .  707 

new,  between  Northampton  and  Pontoosuck: 
committee  to  lay  out,  ....  109 

three  rights  in,  granted  to  Joseph  Dwight,     .  119 
new,  on  Eastern  frontiers,  relative  to,      .  .  210 


38 


93 


421 
334 
606 

240 
71 


208 


85 


PLANTATIONS       OB       TOWNSHIPS  —  con- 
tinued. 
Number  One: 
invalid  soldiers  passing  through,  to  be  pro- 
vided for, 610 

Number  Four: 
garrison  at,  relative  to,        .  .  .121,  239 

men  to  be  employed  to  explore  the  country 

from,  to  Crown  Point  and  Otter  Creek,  474 
men  to  be  enlisted  from  Province  of  New 

Hampshire  for  defence  of,   .  .  .  553 

men  to  be  enlisted  to  serve  as  soldiers  at,        .  261 
Payquage: 
relative  to  the  defence  of,    .  .  .  .  260 

relative  to  rights  to  land  in,  .  .     416,  683 

substituting  a  committee  on  affairs  at,  .  .  139 

Pearson  &  Hobb's  Town: 

inhabitants  of,  to  serve  as  soldiers,        .     517,  707 
Pontoosuck: 
billeting  men  at,  account  allowed,  .  .  444 

Connecticut  men  to  be  posted  at,  relative  to, 

475,  694 
division  of  lands  in,  relative  to,    .  156,  179 

Goodrich's  garrison  at,  relative  to,    473,  624,  708 
men  to  be  posted  at,  .  .  .  .     344,  395 

Province  lands  between  Northampton  and, 

relative  to  sale  of,       .  .  .     102,  207 

soldiers  sent  to  the  relief  of,  establishment  of 

wages  of,  .  .  .  .  .  .  223 

town-meeting  to  be  called  at,        .  .  .13 

Williams'  garrison  at,  relative  to,     473,  624,  708 
Quabin: 
assessment  of  taxes  in,  relative  to,         .  .     69 

meeting  to  be  called  at,       .  .  .  .25 

Topsham: 

soldier  at,  allowance  to,  for  losses,  .  .     58 

West  Hoosac: 
billeting  men  posted  at,  relative  to,       .  .  628 

blockhouse  at,  provisions  at,  relative  to,        .  680 
blockhouse    to    be   erected    at    The    Square 

in, 432 

meeting  of  proprietors  to  be  called  at,  .     39 

men  to  be  posted  at,  ....     473,  708 
for  German  emigrants,  relative  to,  .  8,  19 

land  granted  to  Jonathan  Powers  and  others 

for,  confirmed,   .....  489 
PLYMOUTH   COUNTY, 
courts  in,  adjourned,      .  60,  234,  310,  402,  446 

farmers  of  excise  in: 
committee  to  choose,    26,  187,  242,  373,  458,  613, 

627,  662 
Seth  Bryant,  appointment  of,       .  .  .  344 

Theophilus  Cotton,  appointment  of,      .  .     93 

Joseph  Joslyn,  appointment  of,    .  .  .  530 

Josiah  Keen,  appointment  of,       .  .  .  530 

justices  of  court  of  general  sessions  in,  impow- 
ered to  grant  a  license,     129,  232,  269,  436, 
485,  488,  495 
justices  of  superior  court  in,  impowered  to  hear 

and  try  cause,    .....  149 
Province  lands  in,  relative  to,  .  .  .  156 

treasurer  of,  account  allowed,      80,  190,  397,  609 
PLYMOUTH   INDIANS. 

guardians  of,  account  allowed,  .  .  .   738 

PLYMOUTH,  Town  of. 
certain   French   Neutral  family   in,   to  be  re- 
moved,     .....     663,  748 
POINT   SHIRLEY. 
Francois  Le  Blanc,  a  French  Neutral  at,  to  be 

removed,  .....     582,  594 


IlSTDEX. 


855 


POLL   TAX. 

of  soldiers,  relative  to,  .  .  .  .     442,  762 

POLLEY,  the  schooner. 
John  Hathorne,  master: 
provisions  to  be  exported  on,  to  St.  Christo- 
pher and  other  islands,         .  .  .   404 
PONTOOSUCK,  Township  of. 
billeting  men  at,  account  allowed,  .           .  .  444 
Connecticut  men  to  be  posted  at,  relative  to, 

475,  694 
division  of  lands  in,  relative  to,        .  .     156,  179 

Goodrich's  garrison  at,  relative  to,     473,  624,  708 
men  to  be  posted  at,      .  .  .  .     344,  395 

new  township  between  town  of  Northampton 
and: 
committee  to  lay  out,  ....   109 

three  rights  in,  granted  to  Joseph  Dwight,      .   119 
Province    lands    between    Northampton    and, 

relative  to  sale  of,        .  .  .     102,  207 

soldiers  sent  to  the  relief  of,  establishment  of 

wages  of,  .  .  .  .  .  .  223 

town-meeting  to  be  called  at,  ...     13 

Williams'  garrison  at,  relative  to,    .       473,  624,  708 
POWDER. 
for  Crown  Point  expedition,  relative  to,  .     348,  358 
for  inhabitants  of  Eastern  frontiers,  Commis- 
sary General  to  deliver,        .  .  .  316 
freight  of,  etc.,  interest  money  on  sum  advanced 

for,  allowed,        .....  543 

impressment  of,  relative  to,    .  .  .  .  365 

relative  to  the  purchase  of,     .  .       266,  351,  364 

relative  to  the  shipping  of,      .  .  .  .  403 

to  be  delivered  out  of  the  Province  stock  to 

Capt.  Wynn, 371 

to  be  exported  to  North  Carolina,   .  .  .  398 

to  be  purchased  and  replaced  in  the  magazines,  361 
POWDER-HOUSE. 
in  Boston,  on  common,  fence  to  be  built  around,  569 
in  Charlestown: 
committee  to  view: 
appointment  of,        ....  .  602 

report  of,         .....  .  610 

to  be  erected 469,  529 

PRECINCTS    OR    PARISHES. 

Cape  lands  in  Gloucester,  to  be  erected  into,     .     94 
First,  in  Brookfield,  certain  inhabitants  of,  to  be 

annexed  to  Third  precinct,  .     336,  415 

First,  in  Brookfield,  petition  of  the  agent  of, 
relative  to  the  assessment  for  salary  of 

minister 282 

First,   in   Brookfield,   report  of   committee  on 

petitions  of  inhabitants  of,  .  .   143 

First,  in  Cambridge,  certain  inhabitants  of 
Watertown,  with  their  estates,  annexed 

to 154 

First,  in  Gloucester,  room  in  the  gallery  of  meet- 
ing-house in,  to  be  sold,       .          .          .  745 
First,  in  Middleborough,  committee  on  differ- 
ences in,    .          .                    .          .     191,  341 
First,  in  Wells,  meeting  to  be  called  at,  .           .   169 
First,  in  Wells,  proceedings  of  meetings  in,  con- 
firmed  226 

Georgetown,  certain  inhabitants  of,  with  their 

estates,  erected  into,  .  .  .  .39 

in  District  of  Spencer,   certain  inhabitants  of 
Brookfield,  with  their  estates,  to  be  an- 
nexed to,  .  .  .  .  .  .42 

Lincoln,  before  its  incorporation  into  the  town 
of  Lincoln,  officers  in,  impowered  to 
settle  their  accounts,  .  .  .173 


403 

76 

350 

152 
670 

552 


565 


143 


538 


177 


.  633 


84 


622 


333 


PRECINCTS    OR   PARISHES  —  conhnued. 

Middleborough,  meeting  to  be  called  at. 

New  Casco,  part  of  Falmouth,  erected  into, 

new,  in  Dunstable,  erected,    .... 

North,  in  Berwick,  town-meeting  to  be  called 
at,    . 

North,  in  Harwich,  confirmation  of  vote  of, 

North,  in  Maiden,  Benjamin  Bucknam  allowed 
to  continue  with,         .... 

North,  in  Maiden,  certain  family  in,  with  es- 
tate, to  be  annexed  to,         .  .  .  316 

North,  in  Norton,  certain  inhabitants  of  Second 
precinct  in  Stoughton,  with  their  es- 
tates, annexed  to, 

Quabin,  parish-meeting  to  be  called  at, 

Second,  in  Brookfield,  petition  of  Francis  Dodge 
and  others  of,  in  regard  to  taxes. 

Second,  in  Brookfield,  petition  of  inhabitants 
of,  relative  to,    . 

Second,  in  Falmouth  (York  County),  records 
of,  declared  good  and  valid. 

Second,  in  Pembroke,  to  be  annexed  to  Pern 
broke,        ..... 

Second,  in  Shrewsbury,  assessors  of,  assess- 
ments made  by,  to  be  held  good  and 
valid. 

Second,  in  Stoughton,  certain  inhabitants  of, 
with  their  estates,  annexed  to  North 
precinct  in  Norton,     .... 

South,  in  District  of  Danvers,  assessors  of,  to 
issue  new  warrants  to  the  collectors. 

South,  in  Harwich,  assessors  of,  confirmation 
and  establishment  of  rates  of. 

South,  in  Ipswich,  certain  polls  and  estates  .set 
off  to 

South,  in  Maiden,  certain  families  in,  with  their 
estates,  to  be  annexed  to  the  North 
parish,       ...... 

South,  in  Maiden,  certain  family  in,  with  estate, 

set  off  from 316 

South,  in  Maiden,  impowered  to  call  a  meet- 
ing,   42 

Taunton  and  Middleborough,  taxes  in,  relative 

to, 376 

Ware  River,  certain  inhabitants  of  Brookfield, 

with  their  estates,  to  be  annexed  to,  149,  419 
PRIMOGENITURE. 

as  to  division  of  an  estate,      .  .  .  .48 

PRINCE    OF   WALES,  the  snow. 

seamen  to  be  impressed  for  the  manning  of,      .  699 
PRISONERS. 

discharged  from  imprisonment,        .  .  560 

Indian,  and  scalps,  relative  to  bounty  allowed 

for,    308,  343,  349,  356,  396,  472,  552,  698. 
616,  707 
PRISONERS,    FRENCH. 

entertaining,  accounts  allowed, 
PROBATE,   JUDGE    OF. 

for  Bristol  County: 
impowered  to  allow  more  time  to  commis- 
sioners to   examine  claims   against  an 
insolvent  estate,  .... 

for  Essex  County: 

impowered  to  appoint  an  administrator  on 
estate  of  Ebenezer  Kimball, 
for  Middlesex  County: 
impowered  to  allow  more  time  for  entering 

claims  against  an  estate, 
impowered  to  take  new  security  for  fulfilling 
the  will  of  Joseph  Read, 


37 


200 


466 


641 


726 


24 


135 


856 


Index. 


PKOBATE,    JUDGE    OF  —  continued. 
for  Suffolk  County: 
allowed  to  accept  a  bond  from  Samuel  Win- 

throp  in  lieu  of  an  inventory,        .  .   636 

impowered  relative  to  settlement  of  insolvent 

estates,      .  .  .        129,  464,  508,  648 

impowered  to  appoint  guardians  to  certain 

minors,      ....••  516 
impowered  to  appoint  persons  to  make  parti- 
tion of  an  estate,         ....  633 
impowered  to  order  the  division  of  an  estate,   131 
impowered  to  receive  an  inventory  of  Temple 

Nelson's  estate, .  .  .  .  .40 

for  Worcester  County: 
impowered  to  divide  estate  of  Joseph  Sawyer,     48 
PROFESSOR. 
of  di\'inity  at  Harvard  College,  allowance  to,    90, 

271,  413,  674 
of  Hebrew  at  Har\-ard  College,  allowance  to,    92, 

272,  413,  674 
of  mathematics  at  Harvard  College,  allowance 

to 92,  272,  413,  674 

PROVINCE   AGENT. 
William  Bollan: 
account  of,  omission  in,  allowed,  .  .  254 

allowance  to,  for  extraordinary  expenses,       .  254 
allowance  to,  for  interest  upon  a  former  grant 

not  paid,   .  .  .  .  ■  ■   254 

allowance  to,  for  services,    ....  255 

allowance  to,  to  solicit  the  affairs  of  the  Prov- 
ince, ......  255 

chosen,      .......  394 

•instructions  to,  relative  to  his  address  to  the 

King 257 

late  actings  of,  confirmed,    ....  399 
relative  to  papers  for,  .  .  .         32,  55 

remittance  to,    .  .  .  .         53,  117,  122 

resignation  of,  accepted,      ....  359 
to  assist  Timothy  Walker  in  his  address  to  the 

King 95 

to  purchase  fire-arms  for  the  Province,  .  264 

John  Sharpe: 
chosen,      .......  346 

instructions  for,  committee  to  prepare,  .  359 

instructions  to,  committee  to  transmit,  .  364 

Secretary  to  notify,  of  his  election,        .  .  359 

PROVINCE   ARMS. 

account  of,  to  be  taken,  .  .  .     677,  688 

persons  in  Hampshire  County  possessing,  to  be 

prosecuted,         .....  722 

persons  in  Worcester  County  possessing,  to  be 

prosecuted,         .....  721 

persons  possessing,  to  be  prosecuted,        .  .  721 

PROVINCE   HOUSE. 

covert -way  to  be  made  from,  to  street,    .  .   191 

PROVINCE   LANDS. 
between  town  of  Sunderland  and  Millers  River, 

relative  to  sale  of,       .  .  .  116 

*  bonds  for,  account  of,  to  be  recorded  by  the 

Secretary,  .  .  .  .  .35 

grant  of: 

to  Edward  Park 99 

to  Jasher  Wyman,       .  .  .  .  .99 

Andrew  Hall  allowed  to  return,  purchased,  .  255 
in  Plymouth  County,  report  of  committee  on,  156 
near  Springfield,  relative  to  sale  of,  .       94,  543 

near  Sunderland: 

report  of  committee  to  sell,  order  on,  .   151 

vote  in  regard  to  sale  of,  construed,      .  .    183 

purchased  of  Stockbridge  Indians,  relative  to,   177 


PROVINCE    LANDS  —  continued. 
relative  to  sale  of,  .  .  .  .118 

west  of  Connecticut  River,  report  of  committee 

on 354 

west  of  Northampton: 
new  township  to  be  laid  out  on,  .  .  .   109 

relative  to  sale  of 102,  207 

west    of    ShefiBeld    and    Stockbridge,    relative 

to,    28,  31  his,  106,  111,  158,  266,  313,  314, 
317 
PROVINCE    LAWS. 
New  Castle,  district  of,  to  be  provided  with,     .     32 
new  districts  to  be  provided  with,  .  .  .23 

PROVINCE    OF   MASSACHUSETTS   BAY. 
defence  of,  copy  of  a  message  relative  to,  to  be 

sent  to  Agent  Bollan,  .  .  .  107 

French   inhabitants   in,    removed   from   Nova 

Scotia,  relative  to,       .  .  .  .  423 

government  of,  to  raise  1,800  men  part  of  the 

4,000  men 659 

relative  to  boundary  between,  and  Connecticut,     48 
relative  to  boundary  between,  and  New  Hamp- 
shire  45,  184 

relative     to     boundary     between,     and     New 

York,     16,  45,  53,  57,  79,  146,  157  bis,  177 
relative  to  papers  on  boundary  between,  Con- 
necticut and  Rhode  Island,  .  .     32 
relative  to  putting  the  forts  and  garrisons  in, 

into  a  posture  of  defence,    ,  .  .96 

relative  to  raising  quota  of  4,000  men  in,  for 

Crown  Point  expedition,  .     294,  656 

relative  to  trade  and  commerce  between,  and 

Colony  of  Connecticut,  .  .  .52 

soldiers  in  the  service  of: 
relative  to  executions  against,       .  .  .  378 

relative  to  pay  of,  for  nursing,  etc.,       .  .  285 

temporary  laws  of: 
index  to  be  made  of,  .  .  .  .  .  327 

relative  to  the  distribution  of,       .  .     304,  347 

relative  to  the  reprinting  of,  .  .  .  120 

western  borders  of: 
petition   of   inhabitants   on,    complaining   of 

persecutions,      .....  139- 
relative  to  expenses  in  laj'ing  out  lands  on,   .   104 
PROVINCE,  SECRETARY    OF. 
Andrew  Oliver: 
to  write  to  Agent  Bollan  in  behalf  of  persons 

taken  captive  at  Oswego,     .  .  .  668 

Josiah  Willard: 
allowance  to,     89,  90,  251,  262  his,  412  his,  429 
allowance  to  executors  of,    .  .  .    674,  675 

to  notify  Agent  Bollan  of  the  acceptance  of 

his  resignation,  ....  359 

to    notify    John    Sharpe    of    his    election    as 

Province  agent  in  Great  Britain,  .  359 

to    record   account    of    bonds    for    Province 

lands,  etc.,  .  .  .  .  .35 

to  send  a  copy  of  vote  for  purchasing  fire 

arms  to  Agent  Bollan,  .  .  265 

to    summon    witnesses    in    the    case   of    the 

guardians  of  Puncapaug  Indians,  .   106 

to  write  to  Agent  Bollan: 
to  assist  Timothy  Walker  in  his  address  to 

the  King,  .  .  •  .95 

to  purchase  gun-powder,  ....  266 
to  write  to  executors  of  Sir  Peter  Warren 
relative  to  the  £700  appropriated  for 
Mohawk  children,        ....   124 
PROVINCE  SHIP   [King  George], 
relative  to  the  manning  of,     .  .  .  .   709 


Index. 


857 


PROVINCE  SHIP,  MASSACHUSETTS  FRIG- 
ATE. 

payment  for,  relative  to,         ...  .  358 

wages  due  John  Russell  on,  allowed,         .  .     19 

PROVINCE    SNOW. 
relative  to  the  manning  of,     .  .  .  .   709 

PROVINCE    STORES. 

at  Richmond  Fort  to  be  removed,  .  .  .  344 

PROVINCE    TAX. 
certain  proportion  of,  to  be  taken  from  Halifax 

and  added  to  Pembroke,      .  .  .  299 

certain  proportion  of,  to  be  taken  from  Stough- 

ton  and  added  to  Wrentham,        .  .   299 

in  Dunstable  for  the  year  1754,  to  be  added  to 

the  present  Province  tax,    .  .  .  565 

in  Nantucket,  abatement  of,  ...  638 

PROVmCETOWN,  Town  of. 
cannon,  etc.,  to  be  furnished,  .  .  .  629 

fortifications    for    protection    of,    and    Truro, 

relative  to,  ....  .  702 

selectmen  of,  allowance  to,  to  repair  meeting- 
house and  maintain  a  minister,     .  .  572 
PROVINCE    TREASURER. 
William  Foye: 
bills  of  credit,   etc.,   in  the  hands  of,  com- 
mittee for  burning,      .           .           .  .21 

impowered  to  receive  Province  bills  of  credit 

for  outstanding  taxes,  .  .  .22 

William  Foye,  late: 
accounts  of,  relative  to,        .  .  .     Ill,  114 

balance  of  accounts  of,  committee  to  receive 
and  to  deliver,  to  the  present  Treas- 
urer, ......   107 

discharged  of  amount  of  bills  of  credit,  etc., 

burned,      ......   146 

discharged    of    amount    of    government    se- 
curities burned,  .  .  .  .111 

government  securities  in  the  hands  of,  com- 
mittee for  burning,      ....  105 

muster-rolls  in  the  hands  of,  an  abstract  to  be 

taken  of  soldiers'  wages  unpaid  on,        .  108 
to  debit  himself  with  money  paid  by  Benja- 
min House,         .....  122 

Harrison  Gray: 
account  by,  of  bonds  for  Province  lands,  etc., 

Secretary  to  record,    .  .  .  .35 

accounts  of,  relative  to,        .  .  .    407,  408 

allowance  to,    91,  250,  264,  280,  413,  437,  522,  675 
bills  of  credit,  etc.,  in  the  hands  of,  committee 

for  burning,         ....       41,  178 

directions  to: 
relative  to  the  bequest  of  Sir  Peter  Warren,  273 
relative  to  the  Parliamentary  Grant,  .  588 

relative  to  payment  of  the  allowance  on 

muster-rolls  for  soldiers'  subsistence,     .  445 
relative  to  payment  of  soldiers  in  Crown 
Point   expedition    who   have   returned 
their  arms,  .....  692 

relative  to  receiving  bills  and  parts  of  bills 

of  credit,  .  .  .  .  .  .50 

relative  to  the  redemption  of  certain  gov- 
ernment securities,      .  .  .  .34 

relative  to  wages  of  commissaries  in  Crown 

Point  expedition,         ....  478 

relative  to  wages  of  surgeons  in  the  late 

Crown  Point  expedition,  .  .  469 

discharged  of  amount  of  bills  of  credit,  etc., 

burned 127,  218,  391 

discharged  of  amount  of  government  secu- 
rities burned,     .....  568 


PROVINCE    TREASURER  —  continued. 
Harrison  Gray  —  continued. 
government  securities  in  the  hands  of,  com- 
mittee for  burning,  363,  545 
order  to,  in  regard  to  the  payment  of  wages 
of  officers  and  others  in  Crown  Point 
expedition,          .....  460 

to    advance    one    month's    wages    to    com- 
missioned   officers    under    the    Earl    of 
Loudoun,  .....  764 

to  advertise  for  persons  receiving  enlisting 

money,      ......  425 

to   borrow   a   certain   sum   and   transmit   to 

Agent  Bollan,     .....   122 

to  delay  putting  in  suit  the  bond  given  by 

William  Boardman,    ....  182 

to  deliver  up  bonds: 
of  Stephen  Adams  and  Peter  Hay,     .  .  635 

of  Samuel  White 76 

to  exchange  Province  bills  for  divers  persons,  766 
to  issue  executions  against  estate  of  the  late 

sheriff  of  York  County,        .  .  .  159 

to  issue  executions  against  farmers  of  excise,  358 
to  issue  warrants  to  assessors  of  certain  towns 

and  districts,  relative  to  taxes,     .  .   206 

to  make  allowance  to  Col.  Abraham  Williams 

for  bounty  paid  Marshall  Newton,        .  665 
to  pay  allowance  for  billeting  Timothy  Colton 

to  his  father,      .....  716 
to  pay  billeting  expenses  of  Stephen  Merrill 

to  his  widow,      .....  714 
to  pay  billeting  money  to  forces  under  the 

Earl  of  Loudoun,        ....  761 
to  pay  bounty  money: 
to  Samuel  Freeman  for  servant  Jonathan 

Willard 768 

to  James  Ward,        .....  768 
to  pay  certain  sum: 
out  of  the  wages  of  Capt.  Joseph  IngersoU, 

to  Ebenezer  Hidden  as  administrator,  .  631 
to  the  town  of  Medford,  ....  105 
to  treasurer  of  town  of  Beverly,  .  .  219 

to  treasurer  of  town  of  Ipswich,  .  .   101 

to  Philip  Walker  for  services,  etc.,     .  .  756 

to  pay  deficiency  in  bounty: 

to  Samuel  Cole 751 

to  John  Nason,         .  .  .  .  .  751 

to  Jacob  Royall,       .....  751 

to  Abel  Whitney, 751 

to  pay  for  arms  impressed,  .  .  .  489 

to  pay,  in  government  securities,  a  certain 

amount  granted  to  the  Lieut.  Governor,  425 
to  pay  one  month's  advance  wages  to  each 

commissioned  officer,  .  .  .  770 

to  pay  sickness  expenses  and  wages  due  Oliver 

Thayer  to  his  widow, ....  754 
to  pay  subsistence  money  to  soldiers  on  their 

return  from  Crown  Point  expedition,  586, 
645,  648,  689,  704 
to  pay   the  sum  stopped  out  of   wages   of 
soldiers: 
to  Abraham  Crockett,       ....  730 

.  719 


to  Eunice  Thomas, 
to  pay  wages  due: 
Joseph  Abbot  to  his  father, 
Samuel  Atwood, 

Jonathan  Bishop  to  Thomas  Faxon, 
Ebenezer  Bly  to  Moses  Leland, 
Jonathan  Bonney  to  his  father, 
John  Breden,  jr.,  to  his  father. 


743 
716 
719 
698 
752 
756 


858 


Index. 


PROVINCE   TEEASURER  —  continued. 
Harrison  Gray  —  continued. 
to  pay  wages  due  —  continued. 
John  Breeden  to  his  widow,       .  .  .  765 

Ezekiel  Chandler 730 

Samuel  Church,        .....  716 

Robert  Clafflin,  jr.,  .  .  .  .716 

Aaron  Clark,  ......  757 

Joseph  Clough,         .....  754 

Elisha  Cummings,    .  .  .  .  .731 

Robert  Estabrook 699 

Jonathan  Eddy  to  his  father,    .  .  .  703 

Isaac  Foster  to  his  father,  .  .  .731 

Isaac  Harrington,  jr.,        ....  702 

Ephraim  Harvey  to  his  widow  Lydia  Har- 
vey, ...  ...  697 

Elijah  Ingraham,     .....  700 . 

John  King,      ......  698 

Benjamin  Manning  to  his  father,         .  .  744 

John  Mansor,  .....  743 

Robert    Matthews    to    his    widow    Sarah 

Matthews, 739 

Elkanah  Paris, 350 

James    Phillips    to    his    widow    Elisabeth 

PhilUps, 720 

Adonijah  Rice  to  his  heirs,         .  .  .  771 

David  (Daniel?)  Riggs  to  Isaac  Allen,        .  720 
Stephen  Shumway,  ....  703 

Eleazer  Thayer  to  his  father,     .  .  .  761 

to  pay  workmen  and  transports  employed  in 

Kennebec  expedition,  .  .  .  244 

to  provide  standard  scales  and  troy  weights,  200 
to  remit  a  certain  sum  to  Agent  Bollan,  .  53 
to  repay  Thomas  Bowen  the  amount  he  paid 

for  excise  on  tea,  etc.,  .  .  .  689 

to  retain  the  wages  of  officers  who  have  re- 
ceived money  for  bounty,  etc.,  until 
their  accounts  are  rendered,  .  .  440 

to  settle  accounts  with  persons  who  received 

enlisting  money,  ....  651 

to  stop   a  certain  amount  out  of  wages  of 

soldiers  for  arms,  etc.,  not  returned,  693,  695 
to  sue  delinquent  farmers  of  excise,       .  .     36 

to  sue  Province  debtors,  ....  107 
to    withdraw   the   execution   issued   against 

Caleb  Hutchins 338 

relative  to,  taking  oath  and  giving  bond,     30,  244, 

404,  539 
PROVINCE   VESSELS. 
committee  on  manning,  report  of,  .  .  .  709 

officers  and  seamen  aboard,  wages  of,  estab- 

Ushed 678 

PROVISIONS. 
account  of  Commissary  General  for,   relative 

to 126,  127,  302 

at  Albany  relative  to  sale  of,  ...  439 

at  West  Hoosac,   to  be  transported  back  to 

Fort  Massachusetts,   ....  680 


PROVISIONS  —  continued. 

exportation  of,  relative  to,    270,  271,  295,  317,  371, 

375,  383  bis,  384,  388,  395,  404,  405,  427,  430, 

431,  437,  439,  447,  451,  482,  488,  498,  512, 

518,  540,  554  bis,  562,  576,  591,  599,  601,  621 

for  soldiers  in  Crown  Point  expeditions,  relative 

to,    .  .     317,329,366,443,456,477,499 

for  the  Western  expedition,  committee  of  war 
to  provide,  ..... 

relative  to  a  method  to  prevent,  being  carried 
to  the  French,    ..... 

relative  to  the  reimbursement  of  expenses  of,  . 
stores,  etc.,  for  Fort  Halifax,  relative  to, 
transportation  of,  for  Crown  Point  expedition, 
boats  to  be  built  for, 
PUBLIC   SERVICE. 
allowance  on  account  of  loss  of  time,  wounds, 
etc.,  while  in: 
to  Ebenezer  Bacon,    . 
to  Jonathan  Gage, 
to  Nathaniel  Gardner, 
to  Daniel  Job,  an  Indian, 
to  Thomas  Lawrence, 
to  Parker  Lumbart,    . 
to  Josiah  Mead, 
to  William  Peabody,  . 
to  William  Rutter, 
to  Vincent  Shuttleworth, 
to  Mary  Thompson  for  Joseph  Thompson, 
allowance  to  James  Carr  for  boarding  himself 

while  in,    . 

allowance  to  divers  persons  for,    465,  479,  483,  486, 
487,  490,  493,  508,  515,  520,  533,  543,  546, 
554,  561,  563,  581,  583,  590,  628,  630,  650 
deficiency  in  wages  of  soldier  in,  allowed: 
to  David  Cook,  .... 

to  Lewis  Diesh, ;  .  .  .  . 

guns  lost  in, 

sum  stopped  out  of  wages  of  Abraham  Crockett 

soldier  in,  allowed, 
vessel  lost  in,  allowance  for,   . 
wages  due  Asa  Soper,  soldier  in,  allowed  his 
brother,     ...... 

PUNCAPAUG  INDIANS. 
guardians  of: 
account  allowed,  .....  548 

appointment  of,  ....     238,  287 

complaint   against,   report  of  committee  in 

regard  to, .  .  .  .       103,  120,  220 

impowered  to  settle  boundary  between  their 

lands  and  the  English,  .  .  .  615 

late,  account  of,  allowed,     ....  503 

to  pay  Nelson  Finney  for  doctoring,  etc.,  an 

Indian 241,  333,  514 

witnesses  to  be  summoned  in  the  case  of,        .  106 
medical  attendance  upon,  account  for,  allowed,  212 
PURSUE,  the  brigantine. 
provisions  to  be  exported  on,  to  the  West  Indies,  498 


296 

657 
657 
495 

.  475 


240 

145 
82 
42 

205 
58 
24 
70 
16 
67 

334 

687 


706 
706 
133 

730 

158 

537 


Q. 


QUABIN,  Township  of. 
assessment  of  taxes  in,  relative  to, 
meeting  to  be  called  at. 


69 
25 


QUEEN   ANN'S   WAR. 
Thomas  White,  wounded  in,  additional  pension 

to 616 


Ikdex. 


859 


R. 


BAINSFORD   ISLAND. 

hospital  on: 
agents  for  the  affairs  of  Nova  Scotia,  allowed 

to  send  soldiers  to,      ....  546 
soldiers  with  infectious  diseases  to  be  sent 

to 533 

SALEIGH,  the  ship. 

ship  bread  to  be  exported  on,  to  Jamaica,  .  427 

RANDALL'S    MEADOW. 

decision  relative  to  the  flowing  of,  .  .  ,  431 

BATES. 
tavern,  fixed,         ......  615 

READING,  Town  of. 

boundary  between  Maiden  and,  established,      .  110 
REBECCA,  the  brigantine. 
John  Dorrington,  master: 
provisions  to  be  exported  on,  to  Jamaica  or 

Bay  of  Honduras,       ....  576 

MacCarty,  master: 

provisions  to  be  exported  on,  to  Bay  of  Hon- 
duras,       ......  405 

REGISTER    OF   WILLS. 

directed  to  record  an  inventory  of  Temple  Nel- 
son's estate,        .  .  .  .  .40 

REHOBOTH,  Town  of. 
taxes  in,  proceedings  of  selectmen  in  regard  to, 

confirmed,  .....  253 

REPRESENTATIVES,   HOUSE    OF. 
chaplain  of,  allowance  to,        .  91,  263,  414,  676 

clerk  of,    muster-rolls   relative   to   the   Crown 

Point  expedition  to  be  lodged  with,       .  658 

clerks  of,  allowance  to,  .  92,  265,  414,  676 

dinner  provided  for,  account  of,  allowed,  .  360 

members  of,  temporary  laws  for  certain,  .  394 

speaker  of,  allowance  to,  .  93,  263,  443,  675 

REVIEW,    ACTION    OR   WRIT    OF. 

leave  to  the  following  persons  to  bring  an: 

John  and  Richard  Billings,  .  .  .18 

Archibald  Greenfield,  .  .  .  .329 

Ebenezer  Johnson,      .....  278 


.  87 
.  138 
.  287 
.  259 
49,66 
.  668 
81,  148 
.  141 


32 


REVIEW,    ACTION    OR    WRIT    OF  — ci 

tinued. 
leave  to  the  following  persons  to  bring  an 
continued. 
Moses  Pearson,  Falmouth  (York  County), 
John  Peirson, 
Joseph  Plaisted, 
Ebenezer  Pool,  . 
Nathaniel  Sparhawk, 
William  Stanley  of  Kittery 
Sarah  Stanniford, 
John  Woodbridge  of  York, 
RHODE   ISLAND. 
boundary  between  Province  of  Massachusetts 
Bay,  Connecticut  and,  relative  to  papers 
on,   ....... 

copies  of  report  of  committee  on  Governor's 
speech,  relative  to  the  Western  expedi- 
tion, to  be  sent  to,      . 
RICE'S    GARRISON  (Charlemont). 
men  posted  at,  to  be  withdrawn,     .  .  .  694 

men  to  be  posted  at,      .  .  .  .     441,  740 

RICHMOND   FORT. 
interpreter  at,  relative  to,       . 
repairs  at,  etc.,  relative  to,     . 
to  be  dismantled,  ..... 

ROCHESTER,  Town  of. 
boundary    between,    and    Dartmouth,    estab- 
lished,       ...... 

RUMFORD,  Town  of. 
allowance  to  certain  inhabitants  of,  for  expenses 

of  law  suits  relative  to  boundary, 
inhabitants  of,  allowance  to,  for  use  of  Rev.  Mr. 
Walker  in  England  to  prosecute  an  ap- 
peal, ...... 

RUTLAND,  District  of. 

tax  to  be  assessed  on  all  lands  in,    . 
RUTLAND,  Town  of. 
assessors  of.  Northwest  district,  impowered  to 
assess  inhabitants,      .... 


296 


82 

97 

344 


148 


45 


250 


204 


96 


S. 


SACO  RIVER  (blockhouse  and  truck-house). 
Capt.  John  Lane  placed  as  a  supernumerary 

at 10 

men  to  be  posted  at,      .  .        344,  395,  473,  707 

repairs  at,  etc.,  relative  to,     .  .  .  .97 

ST.  CHRISTOPHER. 

provisions  to  be  exported  to,  .  .  .  404 

ST.  FRANCOIS  INDIANS. 
volunteers  against,  encouragement  for,  relative 

to, 308 

ST.  GEORGE'S  RIVER  (fort,  blockhouse  and 
truck-house), 
interpreter  at,  allowance  to,  ....  330 
men  to  be  posted  at,      .  .        344,  395,  473,  707 

repairs  at,  etc.,  relative  to,     .  .  .  .97 

SALEM,   Town  of. 
French  Neutrals  in,  to  be  removed,  .  .  670 

jail  in: 
Ezra     Harwood     of       Danvers     discharged 

from 12 

SCALP   ACT. 
vote  in  regard  to,  .....  370 


SCALPS. 

bounty    allowed    for    Indian    prisoners    and, 

relative  to,     308,  343,  349,  356,  396,  472, 
552,  598,  616,  707 
SCHOOL. 
Indian,  at  Stockbridge,  relative  to,     119,  124,  141 

SCHOONER . 

Stephen  Brown,  master: 
sheep    to    be    exported    on,    to    Newfound- 
land,   591 

SCHOONER   ABIGAIL. 
Samuel  Blunt,  master: 
provisions    to   be   exported   on,    to   Bay    of 

Honduras,  .....  554 

SCHOONER   BOSCAWEN. 
provisions  to  be  exported  on,  to  the  English 

West  Indies 451,  554 

SCHOONER   INDUSTRY. 
William  Aish,  master: 

provisions  to  be  exported  on,  to  Surinam,     .  540 
Christopher  Hopkins,  master: 
provisions  to  be  exported  on,  to  Surinam,     .  395 


860 


Index. 


SCHOONER  MARY. 

Thomas  Tufton,  master: 
provisions  to  be  exported  on,  to  Surinam,      .  601 
SCHOONER   MERRIMAC. 
Enocii  Howard,  master: 
neat  cattle  and  slieep  to  be  exported  on,  to 

Halifax 592 

SCHOONER   NEPTUNE. 
Thomas  Harding,  master: 
pro-\-isions  to  be  exported  on,  to  Surinam,  447,  512 
SCHOONER   PEGGY. 
Thomas  Farrall,  master: 
provisions    to   be   exported   on,    to   Bay    of 

Honduras,  .....  518 

SCHOONER   POLLEY. 
John  Hathorne,  master: 
provisions  to  be  exported  on,  to  St.  Christo- 
pher and  other  islands,         .  .  .  404 
SCHOONER   TWO   BROTHERS. 
Thomas  Stanley,  master: 
provisions  to  be  exported  on,  to  the  English 

West  Indies 431 

SCITUATE,  Town  of. 
certain   French   Neutral  family   in,   to   be  re- 
moved,     ......  754 

SCOUTS. 
inhabitants     of     New     Gloucester     to     serve 

as,  .  .  .  .  .  .     542,  564 

men  to  serve  as: 
between  Connecticut  and  Merrimac  Rivers, 

relative  to,  .         344,  376,  473,  616,  708 

up  West  River  and  Black  River,  to  be  en- 
listed,       .  .  .       •  .  .  .601 
on  the  Eastern  frontiers,   relative  to,     343,   473, 

694,  707 
on  the  Western  frontiers,  relative  to,  473,  694,  707 
to  explore  the  way  to  the  Chaudiere  River,      .  598 
under  command  of  Capt.  Samuel  Gooding  to 

scout  from  Fort  George  to  Maquoit,      .  531 
wages  allowed  Capt.  Iseley  and  soldiers  em- 
ployed as,  .....  539 

SEBAGO   POND. 
boats  to  be  provided  on,  ....  541 

SECRETARY    OF   THE   PROVINCE. 
Andrew  Oliver: 
to  write  to  Agent  BoUan  in  behalf  of  persons 

taken  captive  at  Oswego,    .  .  .  668 

Josiah  Willard: 
allowance  to,     89,  90,  251,  262  bis,  412  bis,  429 
allowance  to  executors  of,   .  .  .    674,  675 

to  notify  Agent  BoUan  of  the  acceptance  of 

his  resignation,  ....  359 

to    notify    John    Sharpe    of    his    election    as 

Province  agent  in  Great  Britain,  .  359 

to  record  account  of  bonds  for  Province  lands, 

etc.,  .  .  .  .  .  .35 

to  send  a  copy  of  vote  for  purchasing  fire- 
arms to  Agent  Bollan,  .  .  .  265 
to    summon    witnesses    in    the    case    of    the 

guardians  of  Puncapaug  Indians,  .   106 

to  write  to  Agent  Bollan  : 
to  assist  Timothy  Walker  in  his  address  to 

the  King,  .  .  .  .  .95 

to  purchase  gun-powder,  .  .  .  266 

to  write  to  executors  of    Sir  Peter  Warren 
relative  to  the  £700  appropriated  for 
Mohawk  children,        .  .  .  .124 

SHEFFIELD,  Town  of. 
lands  west  of,  relative  to  the  purchase  of  Indian 

right  to 576,  583 


SHEFFIELD,  Town  of  —  conlinued. 
Province  lands  west  of,  and  Stockbridge,  relative 

to,  28,  316is,  106,  111,  158,266,313,314,317 
soldiers  sent  to  the  relief  of: 
billeting  account  of  Connecticut,  allowed,      .  289 
estabUshment  of  wages  of,  .  .  .  .  223 

SHERBORN,  Town  of. 

French  Neutrals  to  be  transferred  to,       .    579,  606 
SHERIFFS. 
of  Bristol  County: 
allowance    to,    for   expense    of    removing    a 
criminal  from  jail  in,  to  jail  in  Middle- 
sex County,        ..... 
George  Moorey,  deputy-sheriff: 
warrants  to  be  issued  for  payment  of,  and 
others,    for   charges    of    committing   a 
prisoner  to  jail,  .... 

of  County  of  Dukes  County: 
to  give  public  notice  of  the  adjournment  of 
the  courts  in,      . 
of  Essex  County: 
to  cause  French  Neutrals  in  Marblehead  to  be 
conveyed  to  certain  towns, 
of  Hampshire  County: 

deputy  sheriff,  allowance  to.  for  services, 
of  Middlesex  County: 
to  cause  French  Neutrals  in  Charlestown  to 

be  conveyed  to  certain  towns, 
to    transport    James    Morris    and    family    to 
Leicester  and  Spencer, 
of  Suffolk  County: 
deputy  sheriffs,  allowance  to,  for  services, 
directed  to  discharge  Thomas  Gill, 
directed  to  remove  Francois  Le  Blanc  and 

family  from  Point  Shirley  to  Needham,  594 
French  Neutrals  from  Georgia  committed  to,  572 
impowered  to  impress  seamen  to  man   the 
snow  Prince  of  Wales, 
of  York  County: 

Plaisted,  late,  executions  against  estate 

of,  to  be  issued,  .... 

Sheriff  Pollard,   directions  to,  relative  to  the 
removal  of  family  of  Magdalen   Pellrin, 
SHIP   HONDURAS. 
Daniel  McCarty,  master: 
provisions  to  be  exported  on,  to  Jamaica  or 
the  Bay  of  Honduras, 
SHIP  PROVINCE  [King  George]. 

relative  to  the  manning  of,     . 
SHIP     (PROVINCE)    MASSACHUSETTS 
FRIGATE. 
payment  for,  relative  to,  ...  . 

wages  due  John  Russell  on,  allowed, 
SHIP    RALEIGH. 

ship  bread  to  be  exported  on,  to  Jamaica, 
SHIP  VIGILANT. 

billeting  men  on,  allowance  for, 
SHIRLEY,  District  of. 

assessment  of  taxes  in,  relative  to, 
SHREWSBURY,  Town  of. 
second  precinct  in,   assessments  made  by  as- 
sessors of,  to  be  held  good  and  valid,    .  633 
SIX  NATIONS. 
commissioners  at  Albany,  to  attend  interview 
with: 
appointment  of,  .....   146 

impowered  to  enter  into  articles  of  agreement, 

etc. 157 

report  of  committee  on  instructions  to,  .  157 

resolve  for  sending,     .....  133 


434 


117 


362 


606 


540 


.  606 


593 


161 
253 


699 


159 


591 


599 


709 


358 
19 


427 


115 


206,  411 


Index. 


861 


SIX   NATIONS  —  continued. 
Thomas  Hutchinson,  [commissioner]  to,  to  pay  a 
certain  sum  to  the  Province  Treasurer 
and  to  John  H.  Lydius, 
in  Crown  Point  expedition,  relative  to  wages 

of 

presents  to,  allowance  for,      .... 
relative  to  payment  of  money  advanced  for, 
settlement  of,  at  or  near  Stockbridge,  relative 

to 

SLAVES. 

negro,  lists  of,  to  be  sent  to  the  Secretary, 
SLOOP   EAGLE. 
John  Doble,  master: 

provisions  to  be  exported  on,  to  Newfound- 
land, ...... 

SLOOP    MASSACHUSETTS. 

to  be  fitted  out  to  guard  the  coast, 
SLOOP    TAVEEN. 
license  granted  to  Benjamin  Bowden,  Lynn,  to 
keep,  ...... 

SMALLPOX. 
in   Albany,   prevented   Sir   William   Pepperell 

from  entering  the  city, 
in    Chelsea,    allowance    for    expenses    caased 

by 

spreading  of,  report  of  committee  to  prevent,  . 
SNOW   PRINCE    OF   WALES. 

seamen  to  be  impressed  for  the  manning  of, 
SNOW  PROVINCE. 

relative  to  the  manning  of,    . 
SNOW-SHOES. 
and  moccasins  to  be  provided  for  men  serving 

as  scouts, 
to  be  provided  for  garrison  at  Taconick, 
SOUTHAMPTON,  District  of. 

assessment  of  taxes  in,  relative  to, 
SOUTHAMPTON,  Town  of. 
assessment  of  taxes  in,  relative  to, 
forces  in,  to  be  withdrawn, 
SOUTHBOBOUGH,  Town  of. 

French  Neutrals  to  be  transferred  to,    579,  606,  670 
SPEAKER    OF    THE    HOUSE    OF    REPRE- 
SENTATIVES. 
Thomas  Hubbard,  allowance  to,      93,  263,  443,  675 
SPENCER,  District  of. 
George  Harrington  and  others  to  remain  an- 
nexed to,  . 
parish   in,    certain    inhabitants    of    Brookfield, 
with  their  estates,  to  be  annexed  to, 
SPIRITUOUS   LIQUORS. 
Christopher  Bubier  impowered  to  recognize  as 
retailer  of,  ..... 

Sarah  Campbell  impowered  to  recognize  as  re- 
tailer of,    . 
collector  of  excise  on,  etc.,  in  County  of  Dukes 

County,  appointment  of,      . 
farming  excise  on: 

committee  on,  appointment  of,  242  bis,  243  qiuiter, 
244,  245  bis,  246  bis,  271,  457  bis,  458  qiiater, 
459  qwater,  460,  487,  660,  661  quater,  662  qua- 
ter,  663  bis 
committee  on,  report  of,  54  bis,  75,  84,  101  bis, 
114,  289,  293,  310,  312  bis,  319  bis,  330,  344, 
509,  510,  530  bis,  533,  536  bis,  537,  544,  561, 
577,  704,  705 
committee  on,  to  advertise  sale,  .  .  .  249 

committee  on,  to  agree  upon  time,        .  .  250 

John  Foster  impowered  to  recognize  as  retailer 

of 435 


281 

338 
133 
363 

30 

223 


482 


.  574 


247 


623 


67 
306 


699 


709 


.  694 
.  215 


206 


206 
239 


345 


42 


481 


383 


587 


SPIRITUOUS   LIQUORS  —  continued. 
licenses  granted  to  the  following  persons  to  sell 

Oliver  Abbot,  Billerica, 

William  Bailey,  Ameslmry, 

Henry  Barnes,  Marlborough, 

Abraham  Belknap,  Natick, 

Su.sannah  Blake,  Boston,     . 

Joseph  Briggs,  Hingham,     . 

Joseph  Carder,  Marblehead, 

Josiah  Chever,  Gloucester,  . 

Thomas  Child,  Boston, 

Ebenezer  EUinwood,  Beverly, 

Freelove  Everden,  Boston, 

John  Faunce,  Kingston, 

Ruth  Fitts,  Danvers, 

Charles  Florence,  Lynn, 

John  Glover,  Marblehead,    . 

Nathaniel  Gorham,  Charlestown, 

John  Gould,  Boston    (distiller), 

Margaret  Hogg,  Boston, 

John  Holbrook,  jr.,  Braintree, 

Abraham  Jackson,  Newton, 

Ebenezer  Kent,  Charlestown, 

Samuel  Kettle,  Charlestown, 

William  King,  Salern, 

Ebenezer  Lowell,  Boston,    . 

James  Milk  and  Wheeler  Riggs,   Falmouth 
(York  County), 

John  Miller,  Charlestown,    . 

James  Otis,  Barnstable, 

Samuel  Pitcher,  Attleborough, 

Elijah  Porter,  Topsfield,       . 

Benjamin  Procter, 

Archelaus  Putnam,  District  of  Danvers, 

Nathaniel  Richardson,  Boston, 

Richard  Rindge,  Marblehead, 

Alexander  Ross,  Falmouth  (York  County), 

Giles  Tidmarsh,  Hull, 

Enoch  Titcomb,  Newbury, 

Benjamin     &    John    Waldo,     Boston     (dis- 
tillers),     ...... 

retailers  of,  etc.,  order  in  regard  to, 
SPRINGFIELD,  Town  of. 

Province  lands  near,  relative  to  sale  of,    .       94, 
STAMP    ACT. 
commissioner  under: 

account  of,  allowed,    ..... 

allowance  to,      .  .  .  .  .     513, 

allowance  to,  for  instruments, 
STOCKBRIDGE    INDIANS. 
allowance  for  support  of  Wannanpaugus, 
land  belonging  to  John  Kuskshaump,  relative 
to  sale  of,  ..... 

land  belonging  to  William  Wohwohnoos,  rela- 
tive to  sale  of,    . 
lands  purchased  of,  relative  to,        . 
report  of  committee  on  Governor's  message  in 
regard  to,  ..... 

Waupaumcorse  (killed),  allowance  to  relatives 

of 

STOCKBRIDGE,  Town  of. 
billeting  soldiers  at,  allowance  for,  .    249, 

Connecticut    men    to   be   posted    at,    relative 

to 

(Connecticut  soldiers  retained  for  protection  of, 

and  other  places,  pay  allowed  to. 
Rev.  Jonathan  Edwards,  pastor  in,  allowance 

to 

men  posted  at,  to  be  dismissed, 

men  to  be  posted  at,   •    .    .    .  473. 


275 
41 
80 
69 
496 
643 
678 
444 
219 
257 
399 
488 
282 
570 
606 
278 
729 
232 
275 
402 
278 
278 
125 
100 

99 
278 

62 
669 

38 
623 
259 
132 
420 
199 
219 

60 

624 
39 

543 


561 
764 
315 

116 

123 

745 
177 

238 

132 

462 

475 

248 

276 
624 
708 


862 


Index. 


119 

122 

35 
124 
267 
141 


STOCKBBIDGE,  Town  of  —  continued. 
Mohawks  at: 
account  of  Joseph  Dwight  of  disbursements 
on,  allowed,        ..... 

allowance  to  Joseph  Dwight  to  provide  for,  . 

allowance    to    Maj.    Ephraim    Williams    for 

money  paid  for,  .... 

Joseph  Dwight  to  continue  school  for,  . 
interpreter  for  children  of,  allowance  to, 
relative  to  articles  provided  for  school  for,     . 
Province  lands  west  of  Sheffield  and,  relative 

to,  28,  316fs,  106,  111,158,266,313,314,317 
settlement  of  Indians  of  the  Six  Nations  at, 

relative  to,  .....     30 

soldiers  sent  to  the  relief  of,  establishment  of 

wages  of,  .  .  .  .  .  .  223 

undivided    lands    in,    grant   of,    confirmed   to 

Stephen  Nash,    .....  556 

STORE-HOUSE. 
at  Cushnoc,  men  to  be  posted  at,    344,  395,  472,  707 
on   Kennebec   River,   enlistment   of   men   for, 

relative  to,  .  .  .      558,  586,  593 

STOBES. 
at  Fort  Halifax,  guard  for,  to  be  provided, 
for  Fort  Halifax,  Commissary  General  to  send, 
Province,  at  Richmond  Fort  to  be  removed,     . 
provisions,  etc.,  for  Fort  Halifax,  relative  to,    . 
to  be  provided  for  field  officers,  etc.,  in  Crown 
Point  expedition,         .... 

transportation  of,  for  Crown  Point  expedition, 

boats  to  be  built  for, 
warlike: 
at  Number  Four,  relative  to,        . 
for  the  proposed  Crown  Point  expedition,  to 
be  provided,       ..... 

for  the  Western  expedition,  committee  of  war 
to  provide,  ..... 

relative  to  a  method  to  prevent,  being  carried 
to  the  French,    ..... 

to  be  sent  to  Broadbay,       .... 

STOUGHTON,  Town  of. 
certain  inhabitants  of,  with  their  estates,  an- 
nexed to  Walpole,       .  .  11,  17,  390 
certain  inhabitants  of,  with  their  estates,  an- 
nexed to  Wrentham,  .... 

Province  tax  in,  abatement  of,        . 
Second  parish  in,  certain  inhabitants  of,  with 
their   estates,    annexed   to   north   pre- 
cinct in  Norton,  .... 

STOW,  Town  of. 

taxes  in,  collectors  impowered  to  collect, 
STURBBIDGE,  Town  of. 
French  Neutrals  to  be  transferred  to, 
land  in  Worcester  County,    called   the   Gore, 
annexed  to,        ..... 

tax  to  be  assessed  on  the  unimproved  lands  in, 
SUFFOLK   COUNTY. 
collector  of  excise  on  tea,  etc.,  in,  to  be  chosen,  .  763 
court  of  common  pleas  in,  adjourned, 
deputy  sheriffs  in,  allowance  to,  for  services 
farmers  of  excise  in: 
committee  to  choose,     25,    186,   246 


377 
251 
344 
495 

328 

475 

121 

443 

296 

657 
289 


86 
299 


84 


134 


.  670 


193 
50 


176 
161 


Samuel  Adams,  appointment  of, 

William  CoflBn,  appointment  of,  . 

Elisha  Jones,  appointment  of, 

William  Whitwell,  appointment  of, 
judge  of  probate  for,  allowed  to  accept  a  bond 
from  Samuel  Winthrop  in  lieu  of  an 
inventory,  .....   636 


372,  457, 

612,  660 

.  84 

510,  705 

293,  318 

398 


SUFFOLK   COUNTY  —  continued. 
judge  of  probate  for,  impowered  relative  to  set- 
tlement of  insolvent  estates,    129,  464,  508, 

648 
judge  of  probate  for,   impowered  to  appoint 

guardians  to  certain  minors,  .  .  516 

judge  of  probate  for,   impowered  to  appoint 

persons  to  make  partition  of  an  estate,  .  633 
judge  <Jf  probate  for,  impowered  to  order  the 

division  of  an  estate,  .  .  .   131 

judge  of   probate  for,   impowered   to   receive 

an  inventory  of  Temple  Nelson's  estate,     40 
justices  of  court  of  general  sessions  in,  impow- 
ered to  direct  the  county  treasurer  to 
pay  James  Davenport  for  services    as 
coroner,     ......  724 

justices   of   court   of  general   sessions  in,   im- 
powered to  grant  a  license,    79,  96,  100,  108, 
114,  115,  132,  133,  135  bis,  199  bis,  202,  204, 
219,  232  bis,  247,  258,  275,  281,  392,  393, 
399,  623,  624,  643,  729,  733 
justices   of   court   of  general   sessions   in,   im- 
powered to  hear  and  try  action,  .  .  237 
justices   of   court   of  general  sessions  in,   im- 
powered to  hear  the  appeal  of  Stephen 
Fowler,  jr.,  from  a  sentence,  etc.,  .  575 
justices   of   court   of  general  sessions   in,   im- 
powered to  take  recognizance  of  peti- 
tion of  John  Graton  as  innkeeper,          .   197 
justices  of  inferior  court  in,  impowered  to  hear 

and  determine  cause,  18,  237,  268,  624 

justices  of  superior  court  in,  impowered  to  hear 

and  determine  cause,    185,  259,  434,  520,  597 
sheriff  of: 
directed  to  discharge  Thomas  Gill,         .  .  253 

directed  to  remove  a  certain  French  Neutral 

family  to  Needham,    ....  594 

French    Neutrals    from    Georgia    committed 

to 572 

impowered  to  impress  seamen  to  man  the 

snow  Prince  of  Wales,  .  .  .  699 

treasurer  of,  account  allowed,     37,   181,  380,  575 
Joshua  Winslow  impowered  to  act  as  treasurer 

of 95 

SUNDEBLAND,  Town  of. 
North  parish  in.  to  be  erected  into  a  district,  .     75 
proceedings  at  town-meetings  in,  confirmed,     .     14 
Province    land    between,    and    Millers    River, 

relative  to  sale  of,       .  .  .  .116 

Province  lands  near,  relative  to  sale  of,    .     151,  183 
SUBGEONS   AND   PHYSICIANS. 
physicians: 
Dr.  Eleazer  Harlow,  account  of,  for  medicine, 

allowed 288 

Joseph  Richards,  allowance  to,     .  .  .  212 

Dr.  Bezaliel  Toppan,  petition  of,  in  regard  to 

a  decision,  .....  283 

surgeons: 
in  the  Crown  Point  expeditions: 
allowance  to,  .  .  .  .  .  .  515 

Dr.  Charles  Pynchon,  appointment  of,         .  521 
relative  to  payment  of  wages  of,        .  .  469 

Dr.    William    Thomas,    allowance    to,   for 

medicine  and  services,  .  .30 

to    be    accountable    for    instruments    and 

medicines,  .  .  .  .  .517 

Solomon  Wheat,   allowance  to,  for  services 

as 692 

Dr.    Miles   Whitworth,   relative    to    wages 

of 726,  772 


Index. 


863 


SURINAM. 

provisions  to  be  exported  to,     317,  371,  384,  388, 
395,  447,  488,  512,  540,  601 
SURVEYORS, 
allowance      to     Timothy      Clements,      acting 

as 514 


SURVEYORS  —  continued. 
impowered  relative  to    the  ways    of   town   of 
Pelham,    ...... 

SWANSEA,  Town  of. 
agents  for,  impowered  to  sell  school  lands, 
church  in,  relative  to  lands  belonging  to, 


192 


202 
331 


T. 


TACONICK  (Fort  Halifax). 
Capt.  John  Wright,  late  commander  of: 

muster-roll  of,  to  be  examined,    . 
allowance  for  work  done  at,    .  .  .  . 

allowance  on  account  of  lo.ss  of  time,  wounds, 
etc.,  while  in  service  at,  to  Jonathan 
Nutting,    ...... 

allowance  to  Thomas  Lawrence  for  expense  of 

sickness  contracted  while  erecting, 
coehorn  mortars  to  be  sent  to,         . 
fortifications  at,  relative  to,    . 
garrison  at: 
enlistment  of  men  to  relieve,  relative  to,    558, 

snow-shoes  and  moccasins  to  be  provided  for, 

to  be  increased,  .  .  .  .  . 

guard  for,  to  protect  stores  and  workmen, 
John  Love,  soldier  at,  account  allowed,   . 
men  to  be  posted  at,      .  .        344,  395,  472, 

stores  for,  relative  to,    .  .  .  .     251, 

to  be  provided  with  beds,  etc., 
TAUNTON,  Town  of. 

taxes  in,  for  the  year  1756,  confirmed, 
TAVERNS. 
Bunch  of  Grapes,  .  .  .  .  . 

Duke  of  Cumberland,     .  .  .  .  . 

keepers  of,  rates  for  subsisting  soldiers,  estab- 
lished,       ...... 

licenses   granted   to   the  following   persons   to 
keep: 

Elisabeth  Bailey,  Falmouth  (York  County),  . 

Peleg  Barker,  Pembroke,     . 

Thomas  Bell,  Roxbury, 

Spencer  Bennet,  Salisbury, 

Mary  Bill,  Boston, 

Benjamin  Bowden,  Lynn,    . 

James  Boyd,  Woburn, 

Samuel  Bradford,  Middleton, 

Mercy  Bradshaw,  Medford, 

Henry  Young  Brown,  Haverhill, 

John  Champney,  Dorchester, 

Oliver  Clark,  Newbury, 

Charles  Colton,  Springfield, 

James  Craig,  Rutland, 

Thomas  Cushman,  Kingston, 

James  Davenport,  Boston,  . 

Joshua  Da%ns,  Brookline,     . 

David  Day,  Attleborough,  . 

James  Day,  Boston,    . 

Edmund  Dix,  Chelsea, 

Isaac  Dogget,  Medford, 

Jonathan  Dwight,  Boston,  . 

Ebenezer  Ellinwood,  Beverly, 

William  Foster,  Newbury,    . 

Sarah  Fox,  Littleton, 

Archelaus  Fuller,  Middleton, 

John  Goldsbury,  Wrentham, 

Joseph  Goldthwait,  Boston, 

Jonathan  Hawkes,  Medford, 

Samuel  Haj^den,  Medford,  . 


717 

447 


342 

205 
241 
246 

586, 
593 
215 
215 
377 
646 
707 
495 
244 

706 

232 

57 

615 


77 
129 
135 
484 
219 
247 
170 

80 

61 
201 
199 
426 

57 
407 
488 
232 

96 
134 
114 
202 
169 
219 
620 
485 
223 
129 
392 
115 
490 
270 


TAVERNS  —  continued. 
licenses  granted   to  the  following  persons   to 
keep  —  continued. 
Daniel  Hewes,  Wrentham,  .  .  .     133,  219 

William  Hunt,  Tewksbury,  .  .  .  449 

James  Kitteridge,  Tewksbury,      .  .  .  131 

John  Lambert,  Taunton,  ....  327 
Samuel  Lethbridge,  Wrentham,   .  .  .  204 

Elisabeth  Libby,  Falmouth  (York  County),  .  77 
David  Lynde,  Leicester,  ....  292 
Peletiah  Man,  Wrentham,  ....  135 
Joseph  Milliken,  Biddeford,  .  .  .46 

Joseph  Morton,  Boston,  ....  733 
John  Nash,  Weymouth,  ....  281 
Lydia  Norwood,  Lynn,  ....  462 
John  Noyes,  Stoughton,  ....  199 
Joshua  Otis,  Scituate,  ....  485 

John  Palmer,  Scituate 232 

Thomas  Pearson,  Amesbury  Ferry,       .  .  672 

Hannah  Pecker,  Haverhill,  .  .  .  622 

Joseph  Pierce,  W^oburn,  ....  303 
Benjamin  Prescott,  jr..  District  of  Danvers,  .  259 
Betty  Putnam,  Danvers,  ....  653 
Elizabeth  Rice,  Rutland,  ....  444 
Israel  Rice,  Sudbury,  ....  220 

Samuel  Richards,  Needham,         .  .  .  393 

Phebe  Richardson,  Woburn,         .  .  .  560 

Eleazer  Robins,  Stoughton,  .  .  .  199 

Ephraim  Sherburn,  Kittery,         .  .  .  125 

John  Sterns,  Attleborough,  .  .  .   134 

Francis  Sturtevant,  Bridgewater,  .  .  436 

John  Sweet,  Haverhill,         .  .  ,  .242 

Daniel  Talbot,  Stoughton 199 

Timothy  Taylor,  Medford 303 

George  Tilley,  Boston,  .  .  .  .79 

Thomas  Tracy,  Pembroke,  .  .  .  269 

Mary  Trumbal,  Charlestown,        .  .  .  113 

Daniel  White,  Marshfield 495 

John  T\Tiite,  Wenham 210 

Isaac  Whitney,  Biddeford,            .          .          .81 
Joseph  Wilson,  Boston,        ....  258 
Aaron  W^ood,  Rowley,          ....  269 
Sun  Tavern,  Boston,      .....  114 
TAXES. 
in  Abington,  relative  to,          ...          .  227 
in  Berkley,  constables  impowered  to  collect,     .  173 
in  Beverly,  relative  to,            ....  219 
in  Beverly,  to  be  omitted  on  dogs,            .          .  304 
in  Boston,  Edward  HoUday  authorized  to  col- 
lect  721 

in  Boxford,  First  parish,  relative  to,         .  .  136 

in  Bridgewater,  relative  to,    .  .  .  .  227 

in  Brookfield,  relative  to  collection  of,      .  .  384 

in  Brookfield,  Second  parish,  petition  of  Francis 

Dodge  and  others  in  regard  to,     .  .  565 

in    Brookline,    collection   of,    unpaid,    relative 

to 505 

in  Chelsea,  collection  of,  relative  to,  .  .  182 

in  Cold  Spring,  to  be  assessed  on  non-residents,  681 
in  Concord,  collection  of,  relative  to,        .  .     56 


864 


Index. 


TAXES  —  continued. 
in  District  of  Carlisle  (now  part  of  Concord), 

assessment  of,    .  .  .  .  .  626 

in  District  of  Danvers,  South  precinct,  relative 

to 622 

in  District  of  Pepperell,  assessment  of,   .  .  206 

in  District  of  Shiriey,  assessment  of,         .     206,  411 
in  District  of  Southampton,  assessment  of,        .  206 
in  Dunstable,  relative  to  Province  and  County,  565 
in  Falltown,  assessment  of,     .  .  .       50,  208 

in  gore  of  land  included  in  District  of  New 

Braintree,  assessment  of,     .  .  .  340 

in  Greenwich,  assessment  of,  ...  497 

in  Groton,  assessment  of,         ...  .  206 

in   Groton,    collector   of,    to    finish    collecting 

taxes,         .  .  .  .  .  .10 

in  Halifax,  abatement  of,        .  .  .  .  299 

in  Hanover,  relative  to,  ....  227 

in  Holden,  assessment  of,        .  .  .  .  284 

in  Ipswich,  mistake  in,  allowance  for,       .  .  101 

in  Lancaster,  confirmation  of,  .  .  .  732 

in  Leicester,  relative  to  ministerial,  .  .115 

in  Lunenburg,  assessment  of,  on  non-residents,  276 
in  Middleborough,   First  precinct,  relative  to 

ministerial,         .....  341 

in  Nantucket,  abatement  of  Province,      .  .  638 

in  Natick,  relative  to  ministerial,    .  .  .  240 

in  Northampton,  assessment  of,       .  .  .  206 

in  Pelham,  relative  to  collection  of,  .  .   192 

in  Pembroke,  relative  to,         .  .       177,  227,  299 

in  Quabin,  assessment  of,  relative  to,        .  .     69 

in  Rehoboth,  Ephraim  Hunt,  jr.,  impowered  to 

collect  ministerial,        ....  253 

in  Rutland  District,  assessment  of,  .  .  204 

in  Shrewsbury,  Second  precinct,  relative  to  the 

assessment  of,    .  .  .  .  .  633 

in  Southampton,  assessment  of,       .  .  .  206 

in  Stoughton,  abatement  of,  .  .  .  .  299 

in  Stow,  collection  of,    .  .  .  .  .  134 

in  Sturbridge,  assessment  of,  ...     50 

in  Taunton,  assessment  of,  in  the  year  1756, 

confirmed,  .....  706 

in  Taunton  and  Middleborough  precinct,  rela- 
tive to  ministerial,      ....  376 

in  Wrentham,  relative  to  Province  tax,   .  .  299 

assessed  upon  certain  inhabitants  of  Charles- 
town  set  off  to  Medford,  relative  to,        .  161 
assessed  upon   certain  inhabitants  of  Water- 
town  set  off  to  Cambridge,  relative  to,  .   162 
on  towns  and  districts,  apportionment  of,  by 

the  new  valuation,      ....  496 

order  in  regard  to,  of  Ebenezer  Gilbert  and 

others  of  Brookfield,  construed,    .  .  683 

poll,    officers    and   soldiers    in    the    proposed 
Crown  Point  expedition  to  be  exempt 

from 442,  762 

Province  bills  of  credit  to  be  received  for  out- 
standing, .  .  .  .  .  .22 

TAYLOR'S   6ABBIS0N. 
Charlemont,    men    to    be   posted    at,    relative 

to 473,  694 

TEA,    COFPEE    AND    CHINA    WARE. 
collectors  of  excise  on,  in  Suffolk  County,  to  be 

chosen,      ......  763 

duties  on,  relative  to  date  of  bonds  taken  of 

farmers  of  excise  for,  .  .  618 

excise  on,  in  Bristol  County,  Thomas  Bowen  to 

be  repaid  for  amount  he  paid  for,  .  689 

excise  on,  to  be  mortgaged  as  partial  security 

for  payment  of  fire-arms,     .  .  .  189 


TEA,   COFFEE    AND    CHINA  WARE  —  con- 
tinued. 
farming  excise  on: 

committee  on,  appointment  of,    186  ter,  187  quater, 
188  quater,  372   quater,  373  quater,  374  ter, 
612  ter,  613  quater,  614  quater,  652 
committee  on,  report  of,     229,  230  bis,  236,  290, 
312,  318,  398,  409,  429,  442,  457,  509,  537, 
627,  631,  637  bis,  639,  645,  647,  667 
committee  on,   to  give  notice  in  regard  to 

commencement  of  the  rates,  .  .   189 

Col.  Moses  Marcy,  farmer  of  excise  on,  remit- 
tance to,   .  .  .  .  .  .  643 

TEMPORARY   LAWS. 
index  to  be  made  of,      .  .  .  .  .  327 

relative  to  the  distribution  of,  .      304,  347,  394 

reprinting  of,  relative  to,         ...  .  120 

TEN  MILES  FALLS  on  Androscoggin  River, 
relative  to  building  fort  at,    ....    225 

TEWKSBURY,  Town  of. 

French  Neutrals  to  be  transferred  to,       .     579,  670 
THANKSGIVING. 

relative  to  the  appointment  of,        .      202,  394,  617 
TITTICUT   INDIANS. 
boundary  between  lands  of  Katherine  Sachemus 
and  of  Nehemiah  Washburn,  to  be  set- 
tled  47 

Betty  David,  inquest  on  body  of,  allowance  for,  151 
Stephen  David,  impowered  to  convey  land,  .  136 
guardians  of,  appointment  of,  .  .  .110 

impowered  to  sell  land: 

Stephen  David 132,  153 

Hannah  Robbins,        .....   137 

James  Thomas,  .....  153 

relative  to  sale  of  lands  belonging  to,       .  .     57 

James  Thomas,  impowered  to  give  deed,  .  185 

trustees  of,  to  assist  in  sale  of  land,  .  .  332 

TITTICUT  RIVER. 
bridge    over,    relative    to    lottery    for    raising 

money  to  build,  ....  507 

TOPSFIELD,  Town  of. 

French  Neutrals  to  be  transferred  to,       .  .  579 

TOPSHAM,  Township  of. 

soldier  at,  allowance  to,  for  losses,  .  .     58 

TORTUGA. 

provisions  to  be  exported  to,  ...  404 

TOWNS. 
Abington: 
taxes  in,  relative  to,   .  .  .  .  .  227 

Acton: 

French  Neutrals  to  be  transferred  to,    .  .  579 

Albany: 
allowance  to  Hezekiah  Gates  for  services  at,  .  750 
commissary   at,   to   stay   all   proceedings   in 

regard  to  sale  of  provisions,  .  .  439 

commissioners   to,   to   wait   on   the  Earl   of 

Loudoun,  relative  to,     605,   618,   620,   622 
committee  of  war  for  the  proposed  Crown 
Point  expedition,  to  reside  at,  relative 
to,    .  .  450,  451,  467,  470,  480,  504 

Congress  at,  interpreter  at,  allowance  to,        .  267 
Joseph  Payne  in  jail  in  : 
allowance  to,  .  .  .  .  .  .  143 

relative  to  the  release  of,  .  .      87,  105 

Barnstable: 

Indians  east  of,  guardians  of,  appointment  of,  110 
Bedford: 

French  Neutrals  to  be  transferred  to,    .  .  579 

land   in,    belonging   to   person   non    compos, 

relative  to  sale  of,       .  .  .  .  138 


I:nt)ex. 


865 


TOWNS  —  continued. 
Belli  ngham: 

fine  remitted  to,  ....  .  428 

French  Neutrals  to  be  transferred  to,   .    579,  606 

petition  of  certain  inhabitants  of  Wrentham 

to  set  ofif  to 407 

Berkley: 

constables  impowered  to  collect  taxes  in,       .   173 

town-meeting  to  be  called  at,       .  .         7,  130 

Berwick:. 

North  precinct  in,  town-meeting  to  be  called 

at 152 

Beverly: 

tax  on  dogs  in,  to  be  omitted,      .  .  .  304 

taxes  in,  relative  to,   .  .  .  .  .  219 

Blandford  : 

forces  in,  to  be  withdrawn,  .  .  .  239 

Boston: 

allowance  to,  for  arms  used  in  Crown  Point 

expedition,  .....  362 

allowance  to  selectmen  of,  for  transportation 

of  certain  persons  to  Europe,        .  .  387 

assessors  in,  action  of  trespass  against,  rela- 
tive to,      .....  .  251 

certain  land  on  Ann  Street,  to  be  conveyed  to,  160 

distillers  in,  allowed  to  sell  spirituous  liquors,  624 

French  Neutrals  in,  to  be  removed,       .  .  579 

lottery  in,  construing  an  act  in  regard  to,       .  638 

powder-house  on  Common  in,  fence   to  be 

built  around,      .....  569 

taxes  in,  Edward  Holiday  authorized  to  col- 
lect, .  ....  721 
Boxford: 

First  parish  in,  assessors  in,  confirmation  of 

rate  lists  of,        ....  .  136 

Braintree: 

certain    inhabitants    of    Milton    and,    to    be 

annexed  to  Milton,      ....   152 

Germantown  in,  relative  to  lottery  for,  .   762 

Bridgewater: 

taxes  in,  relative  to,   .  .  .  .  .  227 

Brookfield: 

certain  inhabitants  of,  with  their  estates,  to 
be  annexed  to  the  parish  in  District  of 
Spencer,    .  .  .  .  .  .42 

certain  inhabitants  of,  with  their  estates,  to 

be  annexed  to  AVare  River  parish,     149,  419 

committee  on  aSairs  of,  account  allowed,       .  288 

First  precinct  in,  certain  inhabitants  of,  to  be 

annexed  to  Third  precinct,  .     336,  415 

First  precinct  in,  petition  of  agent  of,  relative 

to  the  assessment  for  salary  of  minister,   282 

French  Neutrals  to  be  transferred  to,    .     579,  760 

petitions  of  inhabitants  of,  report  of  com- 
mittee on,  .....   143 

relative  to  collection  of  taxes  on  defective 

warrants  in,        ....  .  384 

Second  parish  in,  petition  of  Francis  Dodge 

and  others  of,  in  regard  to  taxes,  .  565 

Brookline: 

taxes  in,  warrant  for  collection  of  unpaid,  to 

be  issued,  .....  505 

Cambridge: 

certain  family  in,  with  estate,  to  be  set  off 

from 330 

certain  inhabitants  of  Watertown  annexed  to, 

relative  to  taxes  of,     .  .  .  .   162 

First  parish  in,  certain  inhabitants  of  Water- 
town,  with  their  estates,  annexed  to,     .   154 

French  Neutrals  to  be  transferred  to,    .  .  579 


TOWNS  —  continued. 
Charlestown: 
certain   inhabitant   of,   with  his   estate,  an- 
nexed to  Medford,       .... 

certain  inhabitants  of,  annexed  to  Medford, 

relative  to  taxes  of,     . 
certain  lands  in,  with  the  inhabitants  thereon, 
annexed  to  Medford,  .  .  .  . 

French  Neutrals  in,  to  be  removed, 
powder-house  at,  relative  to,        .  .     602, 

Chelmsford: 
William  Blodget  and  others  of,   use  of  an 
island  in  Merrimac  River  granted  to,     . 
certain  inhabitants  of,  with  their  estates,  to 
be  annexed  to  Dunstable,    . 
Chelsea: 
allowance    to,    for   expenses    occasioned    by 
smallpox,  .  .  .  .  . 

constable  in,  further  time  allowed,  to  collect 
taxes,         ...... 

Concord: 
inhabitants  of  District  of  Carlisle,  with  their 

estates,  to  be  annexed  to,    . 
taxes  in,  relative  to  collection  of, 
town  officers  to  be  chosen  for  the  part  of, 
formerly  known  as  District  of  Carlisle, 
Dartmouth: 
boundary    between    Rochester    and,    estab- 
lished,       ...... 

Capt.  Crane  of  the  third  military  company  in, 
impowered  to  receive  amount  due  him, 
from   fines   for  non-appearance  of   the 
men,  ...... 

Indians  at,  guardians  of,  appointment  of, 
Dighton: 
relative  to  calling  town-meetings  at, 
town-meeting  to  be  called  at,        . 
Dracut: 
certain  inhabitants  of,  with  their  estates,  set 

off  from,  and  annexed  to  Dunstable, 
French  Neutrals  to  be  transferred  to,    . 
Dudley: 

French  Neutrals  to  be  transferred  to,    .    606, 
Dunstable: 
certain  inhabitants  of  Chelm-sford,  with  their 

estates,  to  be  annexed  to,    . 
certain  inhabitants  of  Dracut,  with  their  es- 
tates, annexed  to,        .... 

certain    inhabitants    of,    with    their    estates, 

erected  into  a  precinct, 
certain  inhabitants  of  Groton,  with  their  es- 
tates, annexed  to,        . 
French  Neutrals  to  be  transferred  to,    .     579 
ministerial  affairs  in,  relative  to, 
part  of  Nottingham  annexed  to,  . 
taxes  in,  relative  to,    . 
town-meeting  to  be  called  at,       . 
Falmouth,  York  County: 
New  Casco,  part  of,  erected  into  a  precinct,  . 
Second  parish  in,  records  of,  declared  good 
and  valid,  ..... 

Georgetown: 
certain   inhabitants   of,    with    their   estates, 
erected  into  a  precinct, 
Gloucester: 
certain  French  Neutrals  in,  to  be  removed,    . 
First  parish  in,  room  in  the  gallery  of  meet- 
ing-house in,  to  be  sold, 
inhabitants  of  the  Cape  lands  in,  with  their 
estates,  erected  into  a  precinct,    . 


159 

161 

155 
606 
610 

625 
305 

67 

182 


599 
56 


611 


148 


729 
110 


70 
46 


301 
606 


754 


305 


301 


.  350 


10 
606 
205 
184 
565 
290 


538 

39 
594 
745 

94 


866 


Index. 


TOWNS  —  continued. 
Grafton: 
French  Neutrals  to  be  transferred  to,    .  .  579 

selectmen  of,  to  be  reimbursed  by  trustees  of 
Grafton  Indians  for  expenses  of  Sarah 

Burne 286 

Greenwich: 
proprietors  of  Hardwick  and,  agreement  be- 
tween, ratified  and  confirmed,      .  .  550 
tax  to  be  assessed  upon  all  lands  in,      .  .  497 
Groton: 
assessment  of  taxes  in,  relative  to,         .  .  206 
certain  inhabitants  of,  with  their  estates,  an- 
nexed to  Dunstable,   .          .          .  .10 
Hadley: 
bounds  of  grant  of  land  formerly  made  to,  to 

be  ascertained,  .....  665 
Halifax: 
neat  cattle  and  sheep  to  be  exported  to,         .  592 
Province  tax  in,  abatement  of,     .  .  .  299 

Hanover: 
French  Neutrals  in,  to  be  removed,       .  .  579 

taxes  in,  relative  to,   .  .  .  .  .  227 

Hardwick: 
fine  remitted  to,  ....  .  238 

impowered  to  sell  the  school  lands,        .  .     71 

proprietors  of,  and  Greenwich,  agreement  be- 
tween, ratified  and  confirmed,      .  .  550 
Harvard: 
a  French  Neutral  family  to  be  transferred 

to, 596 

Harwich: 
constables  or  collectors  to  be  chosen  in,  .  235 

North  precinct  in,  confirmation  of  votes  of,  .  670 
South  precinct  in,  rates  of  assessors  of,  con- 
firmed and  established,        .  .  .  333 
Holden: 

taxes  in,  assessment  of,        .  .  .  .  284 

Holliston: 
allowance  to,  for  relief  of  persons  impover- 
ished by  sickness,        ....  139 
French  Neutrals  to  be  transferred  to,   .  .  606 

Hopkinton: 

French  Neutrals  to  be  transferred  to,    .  .  670 

Ipswich: 
certain  sum  allowed,  for  a  mistake  in  the 

tax, 101 

South  parish  in,  certain  polls  and  estates  to 

be  set  off  to,      .  .  .  .  .37 

Lancaster: 
certain   persons   impowered   to   receive   and 
pass  deeds  for  land  in  Lancaster  New 
Grant  in,  .  .  .  .  .  .12 

Belloni  Melancon,  French  Neutral,  to  return  to,  691 
tax  in,  confirmation  of,  for  the  year  1756,      .  732 
Leicester: 

ministerial  taxes  in,  relative  to,    .  .  .  115 

Lincoln: 
officers  in  Lincoln  precinct  before  its  incorpo- 
ration into,  impowered  to  settle  their 
accounts,  .....  173 

petition  of  selectmen  of: 
order  of  notice  on,  .....  550 

referees  impowered  to  reconsider  their  re- 
port on,     ......  578 

Littleton: 
French  Neutral  family  in,  to  be  removed,      .  596 
French  Neutrals  to  be  transferred  to,    .  .  579 

undivided  lands  in,  petition  of  proprietors  of, 

to  re-enter  an  action,  .  .  .  421 


TOWNS  —  continued. 
Lunenburg: 
assessors  in,  impowered  to  assess  a  tax  on 
non-residents,     ..... 

Andrew  Hall  allowed   to   return   land   pur- 
chased in,  ..... 

Lynn: 
Capt.  Benjamin  Newhall  of  the  second  mili- 
tary company  in,  impowered  to  receive 
amount  due  him,  from  fines  for  non- 
appearance of  the  men, 
petition  of  selectmen  of,  in  regard  to  high- 
ways,        ...... 

Maiden: 
boundary  between,  and  Reading,  established, 
Benjamin  Bucknam  allowed  to  continue  with 

the  North  parish  in,    . 

South  parish  in,  certain  families  in,  with  their 

estates,  to   be   annexed   to   the   North 

parish 200,  316 

South  parish  in,  impowered  to  call  a  meeting,     42 
Marblehead: 
French  Neutrals  in,  to  be  removed, 
inhabitants  of,   petition  of,   relative  to  the 
embargo  on  fishing  vessels, 
Marshfield: 
Charles  Mius  and  family,  French  Neutrals,  to 
be  continued  in,  .... 

Medfield: 
French  Neutrals  to  be  transferred  to,    . 
petition   of   certain   inhabitants   of,    and   of 
Medway  for  a  new  trial, 
Medford: 
certain  inhabitants  of  Charlestown  annexed 

to,  relative  to  taxes  of,         . 
certain  inhabitant  of  Charlestown,  with  his 
estate,  annexed  to,      .... 

certain  lands  in  Charlestown,   with  the  in- 
habitants thereon,  annexed  to,     . 
Province  Treasurer  to  pay  a  certain  sum  to,  . 
Medway: 
certain  inhabitants  of,  and  of  Medfield,  peti- 
tion of,  for  a  new  trial, 
French  Neutrals  to  be  transferred  to,    . 
Mendon: 
boundary    between,    and    Uxbridge,     estab- 
lished,       ...... 

Methuen: 

French  Neutrals  to  be  transferred  to,    . 
Middleborough: 
First    parish    in,    committee    on    differences 

in,    . 191,  34] 

Middleton: 

French  Neutrals  to  be  transferred  to,    .  .  579 

Milton: 
certain  inhabitants  of,  and  Braintree  to  be 
annexed  to,        ....  . 

Needham: 
certain  French  Neutral  family  to  be  trans- 
ferred to,  . 
French  Neutrals  in,  to  be  removed, 
Newbury: 
Margaret  Dowsett,  a  French  Neutral,  to  be 
allowed  to  Uve  with  her  brother  at, 
Northampton: 
assessment  of  taxes  in,  relative  to, 
new  township  west  of,  between  Northampton 
and  Pontoosuck  : 
committee  to  lay  out, 


276 


255 


765 


224 


110 


552 


606 


287 


723 


606 


44 


161 


159 


155 
105 


44 
606 


141 


594 


152 


594 

772 


.  594 


206 


109 


three  rights  in,  granted  to  Joseph    Dwight,   119 


Index. 


867 


TOWNS  —  continued. 
Northampton  —  continued. 
Province  lands  west  of,  between  Northamp- 
ton and  Pontoosuck: 
allowance  for  surveying  of,        .  .  .  229 

relative  to  sale  of,    .  .  .  .     102,  207 

Northfield: 

garrison  at,  relative  to,       .        344,  473,  624,  708 
North  Yarmouth: 
township  near,  granted  to  Jonathan  Powers 
and  others,   further  time  allowed  for 

settlement  of 208 

Norton: 
certain    inhabitants    of    Second    parish    in 
Stoughton,  with  their  estates,  annexed 
to  North  precinct  in,  ...     84 

fine  remitted  to,  .....  169 

Nottingham: 

part  of,  annexed  to  Dunstable,     .  .  .184 

Oxford: 
constables   in,   proceedings   of,   ratified   and 

confirmed,  .....  485 

Pelham: 
collectors  and  surveyors  of,  relative  to,  .  192 

town-meeting  to  be  called  at,        .  .  .63 

Pembroke: 
allowance  to  Jacob  Tubbs  of,  for  maintenance 

of  a  disabled  soldier.  ....  298 
French  Neutrals  to  be  transferred  to,    .           .  579 
grant  of  unappropriated  land  in,  for  gram- 
mar school,  boundary  of,  to  be  ascer- 
tained  20 

Province  tax  in,  relative  to,  .  .  .  299 

Second  precinct  in,  to  be  annexed  to  Pem- 
broke,       ......  177 

taxes  in,  relative  to,    .....  227 

Petersham: 
town-meeting  to  be  called  at,        .  .  .  173 

tract  of  land  granted  to  Thomas  Farmer  and 

others  to  be  annexed  to,      .  .  .  578 

Plymouth: 
certain  French  Neutral  family  in,  to  be  re- 
moved,     .....    663,  748 

Provinceto  wn : 
cannon,  etc.,  to  be  furnished,        .  .  .  629 

fortifications   for   protection   of,    and   Truro, 

relative  to,  .  .  .  .   702 

selectmen  of,  allowance  to,  to  repair  meeting- 
house and  maintain  a  minister,     .  .  572 
Reading: 

boundary  between  Maiden  and,  established,  .  110 
Rehoboth: 
taxes  in,  proceedings  of  selectmen  in  regard 

to,  confirmed,    .....  253 

Rochester: 
boundary  between,  and  Dartmouth,   estab- 

Hshed, 148 

Rumford: 
allowance  to  certain  inhabitants  of,  for  ex- 
penses of  law  suits  relative  to  boundary,     45 
inhabitants  of,  allowance  to,  for  use  of  Rev. 
Mr.  Walker  in  England,  to  prosecute  an 
appeal,      ......  250 

Rutland: 
assessors  of.   Northwest  district,  impowered 

to  assess  inhabitants,  .  .  .96 

Salem: 
French  Neutrals  in,  to  be  removed,       .  .  670 

Ezra  Harwood  of  Danvers,  discharged  from 

jail  in 12 


TOWNS  —  continued. 
Scituate: 
certain  French  Neutral  family  in,  to  be  re- 
moved,     ......  754 

Sheffield: 
lands  west  of,  relative  to   the   purchase  of, 

Indian  right  to,  ...    576,  583 

Province   lands    west    of,    and   Stockbridge, 

relative  to,     28,  31  bis,  106,  111,  158,  266, 
313,  314,  317 
soldiers  sent  to  the  relief  of  : 
billeting  account  of  Connecticut,  allowed,    .  289 
establishment  of  wages  of,  .  .  .  223 

Sherborn: 

French  Neutrals  to  be  transferred  to,    .    579,  606 
Shrewsbury: 
Second    precinct    in,    assessments    made   by 

assessors  of,  to  be  held  good  and  valid,  .  633 
Southampton : 
assessment  of  taxes  in,  relative  to,         .  .  206 

forces  in,  to  be  withdrawn,  .  .  .  239 

Southborough: 

French  Neutrals  to  be  transferred  to,  579,  606,  670 
Springfield: 

Province  lands  near,  relative  to  sale  of,      94,  543 
Stockbridge: 
billeting  soldiers  at,  allowance  for,        .       249,  462 
Connecticut  men  to  be  posted  at,   relative 

to, 475 

Connecticut  soldiers  retained  for  protection 

of,  and  other  places,  pay  allowed  to,     .  248 
Rev.  Jonathan  Edwards,  pastor  in,  allowance 

to, 276 

men  posted  at,  to  be  dismissed,    .  .  .  624 

men  to  be  posted  at,-  ....    473,  708 

Mohawks  at: 
account  of  Joseph  Dwight  of,  disbursements 

on,  allowed,        .  .  .  .  .119 

allowance  to  Joseph  Dwight  to  provide  for,   122 
allowance  to  Maj.   Ephraim  Williams  for 

money  paid  for,  .  .  .  .35 

Joseph  Dwight  to  continue  school  for,  .   124 

interpreter  for  children  of,  allowance  to,     .   267 
relative  to  articles  provided  for  school  for,  .   141 
Province  lands  west  of  Sheffield  and,  relative 

to,    28,  31  bis,  106,  111,  158,  266,  313,  314, 
317 
settlement  of  Indians  of  the  Six  Nations  at, 

relative  to,  .....     30 

soldiers  sent  to  the  relief  of,  establishment  of 

wages  of,  .  .  .  .  .  .  223 

undivided  lands   in,   grant  of,   confirmed  to 

Stephen  Nash,   .....  556 

Stoughton: 
certain  inhabitants  of,  with  their  estates,  an- 
nexed to  Walpole,       .  .  11,17,390 
certain  inhabitants  of,  with  their  estates,  an- 
nexed to  Wrentham,  .           .           .  .86 

Province  tax  in,  abatement  of,     .  .  .   299 

Second  parish  in,  certain  inhabitants  of,  with 
their  estates,  annexed  to  North  precinct 
in  Norton,  .  .  .  .  .84 

Stow: 

taxes  in,  collectors  impowered  to  collect,        .  134 
Sturbridge: 

French  Neutrals  to  be  transferred  to,    .  .  670 

land  in  Worcester  County,  called  the  Gore, 

annexed  to,         ....  .   193 

tax  to  be  assessed  on  the  unimproved  lands 

in, 50 


868 


Index. 


TOWNS  —  continued. 
Sunderland: 
North  parish  in,  to  be  erected  into  a  district,     75 
proceedings  at  town-meetings  in,  confirmed,     14 
Province  land  between,  and  Millers   River, 

relative  to  sale  of,       .  .  .  .116 

Province  lands  near,  relative  to  sale  of,     151,  183 

Swansea: 

agents  for,  impowered  to  sell  school  lands,      .  202 

church  in,  relative  to  lands  belonging  to,        .  331 

Taunton: 

taxes  in,  for  the  year  1756,  confirmed,  .  706 

Tewksbury: 

French  Neutrals  to  be  transferred  to,    .     579,  670 
Topsfield: 

French  Neutrals  to  be  transferred  to,    .  .  579 

Truro: 
fortifications  for  protection  of  Provincetown 

and,  relative  to,            ....  702 
miUtary  company  in,  to  assist  at  Province- 
town 629 

to'be  furnished  with  a  cannon,  small  arms, 

etc., 532 

Uxbridge: 

boundary  between  Mendon  and,  established,   141 
Walpole: 
certain  inhabitants  of  Stoughton,  with  their 

estates,  annexed  to,    .  .  11,  17,  390 

French  Neutrals  to  be  transferred  to,    .     579,  606 
Waltham: 
certain  family  in  Cambridge,  with  estate,  to 

be  annexed  to,  .  .  .  .  .  330 

French  Neutrals  in,  to  be  removed,       .  .  760 

Rebecca    Wellington,    administratrix,    with 

others,  impowered  to  sell  land  in,  .     20 
Wareham: 
certain  French  Neutral  family  to  be  trans- 
ferred to 663,  748 

Watertown: 
certain  inhabitants  of,  annexed  to  Cambridge, 

relative  to  taxes  of,    .  .  .  .  162 

certain  inhabitants  of,  with  their  estates,  an- 
nexed to  First  parish  in  Cambridge,      .   154 
petition  for  certain  persons,  with  their  estates, 

to  be  annexed  to,  order  of  notice  on,    .  747 
Wells: 
First  parish  in,  meeting  to  be  called  at,  .  169 

First  parish  in,  proceedings  of  meetings  in, 

confirmed,  .....  226 

Wenham: 

French  Neutrals  to  be  transferred  to,   .  .  594 

Westborough: 

French  Neutrals  to  be  transferred  to,    .  .  579 

Westfield: 

French  Neutrals  to  be  transferred  to,    .  .  579 

Wrentham: 
certain  inhabitants  of  Stoughton,  with  their 

estates,  annexed  to,    .  .  .  .86 

French  Neutrals  to  be  transferred  to,    .  .  772 

impowered  to  sell  the  school  lands,        .  .     70 

petition  of  certain  inhabitants  of,  to  be  set  ofiF 

to  Bellingham,  .....  407 
petition  of,  for  a  re-hearing  of  a  cause,  .  .  550 

Province  tax  in,  relative  to,  .  .  .  299 

York: 
Francois  Le  Blanc,  a  French  Neutral,  to  be 

transferred  to,    .  .  .  .  582 

and  districts,  assessors  of,  excused  from  any 
penalty  for  not  furnishing  lists  of  valua- 
tion of  estates,  .....  619 


TOWNS  —  continued. 
arms  to  be  purchased  and  distributed  to,  in  the 

Province,  .....  184 

assessors  in,  of  this  Province,  to  send  lists  of 

negro  slaves  to  the  Secretary,       .  .  223 

certain,   selectmen  of,   to  provide  for  invalid 

soldiers,     ......  610 

selectmen   of   certain,    to   render   accounts   of 

charges  for  support  of  French  Neutrals,  606 
selectmen  or  overseers  of  the  poor  to  furnish  a 
list  of  French  Neutrals  in  their  respec- 
tive, ......  644 

taxes  in,  apportionment  of,  by  the  new  valua- 
tion,   496 

TOWNSHIPS    OR   PLANTATIONS. 
Broadbay  (Waldoborough,  Maine): 
inhabitants  of,  to  be  put  into  service,  .  .  707 

men  to  be  posted  at,  .  .  .  .     500,  545 

warlike  stores  to  be  sent  to,  .  .  .  289 

Charlemont: 
allowance  to  Aaron  Rice  of,  for  wages  and 

billeting  men,     .....  465 
garrisons  at,  relative  to,       .  .  .     344,  395 

Hawk's  garrison  at,  relative  to,  473,  624,  694,  708 
Rice's  garrison  at,  relative  to,  .  441,  694,  740 
Taylor's  garrison  at,  relative  to,     473,  624,  694, 

708 
Cold  Spring: 
tax  to  be  assessed  upon  lands  of  non-residents 

in 681 

Colrain  (Boston  Township  Number  Two) : 
common  lands  in,  partition  of,      .  .  .  297 

garrisons  at,  relarive  to,  344,  395,  473,  624,  708 
inhabitants  of,  to  serve  as  soldiers,        .  .  356 

Dorchester  Canada: 
certain  proprietors  of,  petition  of,  to  have 

judgments  set  aside,  ....  374 
Falltown: 
garrisons  at,  relative  to,     344,  395,  473,  624,  708 
petition  of  inhabitants  of,  report  of  committee 

on 208 

taxes  in,  relative  to,   .  .  .  .       50,  208 

Gardner  Canada  Township: 

further  time  allowed  for  settlement  of,  .  216 

Gorham  or  Gorhamtown: 

confirmation  of  plan  of,       .  .  .  .89 

Hunts  Town: 
inhabitants  of,  relative  to  the  protection  of,  .  567 
men  to  be  posted  at,  .  .  .  .  .  708 

Medumcook: 

inhabitants  of,  to  serve  as  soldiers,        .  .  725 

Narragansett  Township  Number  One: 
boundary  between,  and  Narragansett  Town- 
ship Number  Seven,  to  be  settled,         .     93 
Narragansett  Township  Number  Two: 
Mary  Cook,  executrix,  impowered  to  sell  two 

lots  in 649 

Rebecca     Wellington,     administratrix,     im- 
powered to  execute  a  deed  of  a  lot  in,     .     20 
Narragansett  Township  Number  Four: 

confirmation  of  a  plat  of  land  to,  .  .     38 

Narragansett  Township  Number  Seven: 
boundary   between    Narragansett   Township 

Number  One  and,  to  be  settled,  .  .     93 

confirmation  of  plan  of,       .  .  .  .89 

Natick: 
Joseph  Brand  of  Needham  impowered  to  sell 

land  in 421 

common  lands  in,  relative  to,       .  .  .  334 

French  Neutrals  to  be  transferred  to,    .  .  606 


Index. 


869 


TOWNSHIPS       OR      PLANTATIONS  —  con- 
tinued. 
Natick  —  continued. 
meeting  to  be  called  at,  for  choice  of  officers,  .  240 
relative  to  meeting-house  in,         .  .  .     71 

near  North   Yarmouth,   granted  to  Jonathan 
Powers    and   others,    further   time   al- 
lowed for  settlement  of,       .  .  .  208 
New  Framingham: 
Thankful  Gl&son,  administratrix,  impowered 

to  sell  land  right  in,    .  .  .  .85 

New  Gloucester: 

inhabitants  of,  to  serve  as  scouts,      542,  564,  707 
New  Marblehead: 

inhabitants  of,  to  serve  as  soldiers,        .  .  707 

new,  between  Northampton  and  Pontoosuck: 

committee  to  lay  out,            ....   109 
three  rights  in,  granted  to  Joseph  Dwight,     .   119 
new,  on  Eastern  frontiers,  relative  to,      .          .  210 
Number  One: 
invahd  soldiers  passing  through,  to  be  pro- 
vided for, 610 

Number  Four: 
garrison  at,  relative  to,        .  .  .     121,  239 

men  to  be  employed  to  explore  the  country 

from,  to  Crown  Point  and  Otter  Creek,  .  474 
men  to  be  enlisted  from  Pro^ance  of  New 

Hampshire  for  defence  of,    .  .  .  553 

men  to  be  enlisted  to  serve  as  soldiers  at,         .  261 
Payquage: 
relative  to  the  defence  of,    .  .  .  .  260 

relative  to  rights  to  land  in,  .  .    416,  683 

substituting  a  committee  on  affairs  at,  .  .  139 

Pearson  &  Hobb's  Town: 

inhabitants  of,  to  serve  as  soldiers,        .    517,  707 
Pontoosuck: 
billeting  men  at,  account  allowed,  .  .  444 

Connecticut  men   to  be  posted  at,   relative 

to 475.  694 

division  of  lands  in,  relative  to,    .  .     156,  179 

Goodrich's  garrison  at,  relative  to,    473,  624,  708 
men  to  be  posted  at,  .  .  .  .    344,  395 

Province  lands  between  Northampton  and, 

relative  to  sale  of,       .  .     102,  207 

soldiers  sent  to  the  reUef  of,'estabhshment  of 

wages  of 223 

town-meeting  to  be  called  at,       .  .  .13 

WilUam's  garrison  at,  relative  to,       473,  624,  708 
Quabin: 
assessment  of  taxes  in,  relative  to,         .  .     69 

meeting  to  be  called  at,        .  .  .  .25 

Topsham: 

soldier  at,  allowance  to,  for  losses,         .  .     58 

West  Hoosac  : 
billeting  men  posted  at,  relative  to,       .  .  628 

blockhouse  at,  provisions  at,  relative  to,        .  680 
blockhouse    to    be    erected    at    The    Square 

in 432 

meeting  of  proprietors  to  be  called  at,  .     39 

men  to  be  posted  at,  .  .  .  .    473,  708 

for  German  emigrants,  relative  to,  .  8,  19 

land  granted  to  Jonathan  Powers  and  others 

for,  confirmed,  .....  489 

TRADE. 
and    commerce   between    Province   of   Massa- 
chusetts   Bay    and   Connecticut,    rela- 
tive to,      .  .  .  .  .  .52 

Indian  truck-trade: 
allowance  for  expenses  of  commissioners  to 

the  Eastern  Indians,  to  be  made  from,  .     37 


TRADE  —  continued. 
Indian  truck-trade  —  continued. 
allowance  for  presents  to  the  Eastern  Indians 

to  be  made  from,         .  .  .  .36 

certain  sum  as  a  present  to  the  Penobscot  and 
Norridgewock  Indians,  to  be  advanced 
from,  ......   198 

Commissary  General's  account  of,  allowed,     126, 

127,  302 
TRANSPORTATION. 
of  baggage  of  officers,  relative  to,    .  .  .  770 

of  certain  persons  to  Europe,  allowance  for,      .  387 
of  Hugh  McNeal  to  Ireland,  allowance  for,        .  367 
of  provisions  and  stores  for  Crown  Point  ex- 
pedition, relative  to,  .  .  .  .  475 

TRANSPORTS. 

French  Neutrals  on,  relative  to,       .  .  .  400 

TRAVELLING   EXPENSES. 
of  John  Ashley  and  others,  from  Sheffield  to 

Boston  and  return,  allowed,  ,  .  632 

TREASURER,  COUNTY. 
Barnstable: 

accounts  allowed,        .  .  15,  178,  339,  547 

Bristol: 
accounts  allowed,        .  .  .      224,  380,  602 

relative  to  choice  of,  .  .  .  .  .35 

of  County  of  Dukes  County: 
account  allowed,  .....  558 

Essex: 

accounts  allowed,        .  .  41,  178,  331,  531 

Hampshire: 
account  allowed,  .....  190 

Middlesex: 

accounts  allowed,        .  .  .9,  181,  340,  553 

Plymouth: 

accounts  allowed,        .  .  80,  190,  397,  609 

Suffolk: 
accounts  allowed,        .  .  37,181,380,575 

to  pay  account  of  James  Davenport,     .  .  724 

Joshua  Winslow  impowered  to  act  as,  .  .     95 

Worcester: 

accounts  allowed,        .  .  9,  172,  368,  530 

York: 
accounts  allowed,        ...  9,  196,  369 

TREASURER,  PROVINCE. 
William  Foye: 
bills  of  credit,  etc.,  in  the  hands  of,  committee 

for  burning,        .  .  .  .  .21 

impowered  to  receive  Province  bills  of  credit 

for  outstanding  taxes,           .           .           .22 
WilUam  Foye,  late: 
accounts  of,  relative  to,       .          .          .     Ill,  114 
balance  of  accounts  of,  committee  to  receive 
and  to  deliver,  to  the  present   Treas- 
urer,   107 

discharged  of  amount  of  bills  of  credit,  etc., 

burned,     ......  146 

discharged  of  amount  of  government  securi- 
ties, burned,       .  .  .  .  .111 

government  securities  in  the  hands  of,  com- 
mittee for  burning,      ....   105 

muster-rolls  in  the  hands  of,  an  abstract  to  be 

taken  of  soldiers'  wages  unpaid  on,        .   108 
to  debit  himself  with  money  paid  by  Benja- 
min House,         .....  122 

Harrison  Gray: 
account  by,  of  bonds  for  Province  lands,  etc., 

Secretary  to  record,    .  .  .35 

accounts  of,  relative  to,       .  407,  408 

allowance  to,    91,  250,  264,  280,  413,  437,  522,  675 


870 


Index. 


TBEASUBEB,    PROVINCE  —  continued. 
Harrison  Gray  —  continued. 
bills  of  credit,  etc.,  in  the  hands  of,  committee 

for  burning,        .  .  .  .       41,  178 

directions  to: 
relative  to  the  bequest  of  Sir  Peter  Warren,  273 
relative  to  the  parliamentary  grant,    .  .  588 

relative   to  payment   of  the  allowance  on 

muster-rolls  for  soldiers'  subsistence,     .  445 
relative  to  payment  of  soldiers  in  Crown 
Point   expedition    who   have   returned 
their  arms,  .....  692 

relative  to  receiving  bills  and  parts  of  bills 

of  credit,  .  .  .  .  .  .50 

relative  to  tlie  redemption  of  certain  gov- 
ernment securities,      .  .  .  .34 

relative  to  wages  of  commissaries  in  Crown 

Point  expedition,         ....  478 

relative  to  wages  of  surgeons  in  the  late 

Crown  Point  expedition,      .  .  .  469 

discharged  of  amount  of  bills  of  credit,  etc., 

burned 127,  218,  391 

discharged  of  amount  of  governm.ent  securi- 
ties burned,        .....  568 

government  securities  in  the  hands  of,  com- 
mittee for  burning,      .  .  .     363,  545 
order  to,  in  regard  to  the  payment  of  wages  of 
officers  and  others  in  Crown  Point  ex- 
pedition,  ......  460 

to  advance  one  month's  wages  to  commis- 
sioned officers  under  the  Earl  of  Lou- 
doun,        ......  764 

to  advertise  for  persons  receiving  enlisting 

money,      ......  425 

to  borrow  a   certain   sum   and   transmit   to 

Agent  Bollan 122 

to  delay  putting  in  suit,  the  bond  given  by 

William  Boardman,    ....   182 

to  deliver  up  bonds: 
of  Stephen  Adams  and  Peter  Hay,    .  .  635 

of  Samuel  White,     .  .  .76 

to  exchange  Province  bills   for   divers   per- 
sons, ......  766 

to  issue  executions  against  estate  of  the  late 

sheriff  of  York  County,        .  .  .  159 

to  issue  executions  against  farmers  of  excise,  358 
to  issue  warrants  to  assessors  of  certain  towns 

and  districts,  relative  to  taxes,     .  .  206 

to  make  allowance  to  Col.  Abraham  Williams 

for  bounty  paid  Marshall  Newton,  .  665 

to  pay  allowance  for  billeting  Timothy  Colton 

to  his  father,      .  .  .  .  .716 

to  pay  billeting  expenses  of  Stephen  Merrill 

to  his  widow,      .....  714 

to  pay  billeting  money  to  forces  under  the 

Earl  of  Loudoun,         ....  761 

to  pay  bounty  money: 
to  Samuel  Freeman  for  servant  Jonathan 

Willard 768 

to  James  Ward,        .....  768 
to  pay  certain  sum: 
out  of  the  wages  of  Capt.  Joseph  IngersoU, 

to  Ebenezer  Hidden,  as  administrator,  631 
to  the  town  of  Medford,  ....  105 
to  treasurer  of  town  of  Beverly,  .  .  219 

to  treasurer  of  town  of  Ipswich,  .  .  101 

to  Philip  Walker  for  services,  etc.,     .  .  756 

to  pay  deficiency  in  bounty: 
to  Samuel  Cole,        .....  751 
to  John  Nason,         .....  751 


TREASURER,    PROVINCE  —  continued. 
Harrison  Gray  —  continued. 
to  pay  deficiency  in  bounty  —  continued. 
to  Jacob  Royall,       .  .  .  .  .751 

to  Abel  Whitney .751 

to  pay  for  arms  impressed,  .  .  .  489 

to  pay  in  government  securities,  a  certain 

amount  granted  to  the  Lieut.  Governor,  425 
to  pay  one  month's  advance  wages  to  each 

commissioned  officer,  .  .  .  770 

to  pay  sickness  expenses  and  wages  due  Oliver 

Thayer  to  his  widow,  .  .  .  754 

to  pay  subsistence  money  to  soldiers  on  their 

return  from  Crown  Point  expedition,     586, 
645,  648,  689,  704 
to  pay  sum  stopped  out  of  wages  of  soldiers: 
to  Abraham  Crockett,       ....  730 
to  Eunice  Thomas,  ....  719 

to  pay  wages  due: 
Joseph  Abbot  to  his  father,       .  .  .  743 

Samuel  Atwood,       .....  716 
Jonathan  Bishop  to  Thomas  Faxon,  .  719 

Ebenezer  Bly  to  Moses  Leland,  .  .  698 

Jonathan  Bonney  to  his  father,  .  .  752 

John  Breden,  jr.,  to  his  father,  .  .  756 

John  Breeden  to  his  widow,       .  .  .  765 

Ezekiel  Chandler 730 

Samuel  Church,        .  .  .  .  ,  716 

Robert  Clafflin,  jr.,  .  .  .  .716 

Aaron  Clark,  ......  757 

Joseph  Clough,         .....  754 

Elisha  Cummings,    .  .  .  •  .731 

Robert  Eastabrook,  ....  699 

Jonathan  Eddy  to  his  father,    .  .  .  703 

Isaac  Foster  to  his  father,  .  .  .  731 

Isaac  Harrington,  jr.,        ....  702 

Ephraim  Harvey  to  his  widow  Lydia  Har- 
vey, ......  697 

Elijah  Ingraham,     .....  700 

John  King,      ......  698 

Benjamin  Manning  to  his  father,        .  .  744 

John  Mansor,  .....  743 

Robert  Matthews,     to    his    widow    Sarah 

Matthews 739 

Elkanah  Paris 350 

James    Phillips    to    his    widow    Elisabeth 

Phillips 720 

Adonijah  Rice  to  his  heirs,         .  .  .  771 

David  (Daniel?)  Riggs  to  Isaac  Allen,         .  720 
Stephen  Shumway,  ....  703 

Eleazer  Thayer  to  his  father,     .  .  .  761 

to  pay  workmen  and  transports  employed  in 

Kennebec  expedition,  .  .  .  244 

to  provide  standard  scales  and  troy  weights,  .  200 
to  remit  a  certain  sum  to  Agent  Bollan,  .  53 
to  repay  Thomas  Bowen  the  amount  he  paid 

for  excise  on  tea,  etc.,  .  .  .  689 

to  retain  the  wages  of  officers  who  have 
received  money  for  bounty,  etc.,  until 
their  accounts  are  rendered,  .  .  440 

to  settle  accounts  with  persons  who  received 

enlisting  money,  ....  651 

to  stop  a  certain  amount  out  of  wages  of 

soldiers  for  arms,  etc.,  not  returned,  693,  695 
to  sue  delinquent  farmers  of  excise,       .  .     36 

to  sue  Province  debtors,  ....  107 
to   withdraw   the   execution   issued   against 

Caleb  Hutchins,  ....  338 

relative  to,  taking  oath  and  giving  bond,    30,  244, 

404,  539 


J 


Index. 


871 


TRESPASS. 

action  of,  against  assessors  in  Boston,  relative 

to 251 

action  of,  allowance  to  Josiah  Loomis  to  carry 

on 49 

action   of,    Jeremiah    Williams   impowered   to 

prosecute,  ....     237,  268 

TBUCK-HOUSES   AND   BLOCKHOUSES. 
at  Burton's: 

men  to  be  posted  at,  .  .  .      500,  545,  707 

at  Saco  River: 
Capt.  John  Lane  placed  as  a  supernumerary 

at 10 

men  to  be  posted  at,  .  .        344,  395,  473,  707 

repairs  at,  etc.,  relative  to,  ...     97 

at  St.  George's  River: 
interpreter  at,  allowance  to,  .  .  .  330 

men  to  be  posted  at,  .  .        344,  395,  473,  707 

repairs  at,  etc.,  relative  to,  ...     97 

to  be  erected  at  The  Square  in  West  Township 

of  Hoosac,  .....  432 


TEURO,  Town  of. 
fortifications  for  protection   of   Provincetown 

and,  relative  to,  ....  702 

military   company  in,   to  assist   at   Province- 
town,         ......  629 

to  be  furnished  with   a   cannon,   small  arms, 

etc., 532 

TRUSTEES. 
of  Grafton  Indians: 
accounts  allowed,        .  .  12,  172,  327,  532 

to  reimburse   the  selectmen   of   Grafton   for 

expenses  of  Sarah  Burne,     .  .  .  286 

of  hnen  manufacture,  report  of,       .  .  .  258 

of  money  granted  to  Eunice  Hooper,  appoint- 
ment of,    .  .  .  .  .  .  239 

of  Titticut  Indians: 
to  assist  in  sale  of  land,       ....  332 

TWO    BROTHERS,  the  schooner. 
Thomas  Stanley,  master  : 
provisions  to  be  exported  on,  to  the  English 

West  Indies,       .....  431 


UXBRIDGE,  Town  of. 
boundary  between  Mendon  and,  established. 


u. 


141 


V. 


VESSELS. 

account  of  provisions,  etc.,  on,  clearing  from 
the  ports  of  this  Province,  to  be  ren- 
dered  270 

act  providing  two  armed,  etc.,  construed,  .  640 

brigantine  Abigail: 

provisions  to  be  exported  on,        .  .  .  439 

brigantine  Dolphin: 

provisions  to  be  exported  on,        .  .  .  576 

brigantine  Elisabeth: 

provisions  to  be  exported  on,        .  .  .  383 

brigantine  Friendship: 

flour  to  be  exported  on,       ....  384 
brigantine  Mermaid: 

provisions  to  be  exported  on,        .  .  .  437 

brigantine  Middleburgh: 

provisions  to  be  exported  on,        .  .  .  562 

brigantine  Neptune: 

provisions  to  be  exported  on,       .  .  .  383 

brigantine  Ordnance  Packet: 

provisions  to  be  exported  on,        .  .  .  488 

brigantine  Peggy: 

gun-powder  to  be  exported  on,     .  .  .  398 

brigantine  Pursue: 

provisions  to  be  exported  on,        .  .  .  498 

brigantine  Rebecca: 

provisions  to  be  exported  on,        .  .     405,  576 

commanded  by  Capt.  Robert  Jarvis  to  be  de- 
tained from  sailing,     ....  387 
fishing,  embargo  on,  relative  to,      .       272,  274,  287 
lost  in  service,  allowance  to  Eunice  Hooper  for,  158 
Massachusetts  Frigate: 

payment  for,  relative  to,      .  .  .  ,  358 

wages  due  John  Russell  on,  allowed,     .  .     19 

Province: 

committee  on  manning,  report  of,  .  .  709 

officers  and  seamen  aboard,  wages  of,  estab- 
lished,       ......  678 

seamen  to  be  impressed  for  the  manning  of  the 

snow  Prince  of  Wales,  .  .  .   699 


VESSELS  —  continued. 
relative  to  laying  an  embargo  on,  with  provi- 
sions and  warlike  stores,      .  .  .  362 
schooner : 

sheep  to  be  exported  on,      ....  591 
schooner  Abigail: 

provisions  to  be  exported  on,        .  .  .  554 

schooner  Boscawen: 

provisions  to  be  exported  on,        .  .     451,  554 

schooner  Industry: 

provisions  to  be  exported  on,        .  .     395,  540 

schooner  Mary: 

provisions  to  be  exported  on,        .  .  .  601 

schooner  Merrimac: 

neat  cattle  and  sheep  to  be  exported  on,        .  592 
schooner  Neptune: 

provisions  to  be  exported  on,        .  .     447,  512 

schooner  Peggy: 

provisions  to  be  exported  on,        .  .  .518 

schooner  Policy: 

provisions  to  be  exported  on,        .  .  .  404 

schooner  Two  Brothers: 

provisions  to  be  exported  on,        .  ,  .  431 

ship  Honduras: 

provisions  to  be  exported  on,        .  .  .  699 

ship  Raleigh: 

ship  bread  to  be  exported  on,       .  .  .  427 

ship  Vigilant: 

allowance  for  billeting  men  on,    .  .  .115 

sloop  Eagle: 

provisions  to  be  exported  on,        .  ,  .  482 

sloop  Massachusetts: 

to  be  fitted  out  to  guard  the  coast,        .  .  574 

to  Bay  of  Honduras,  provisions  to  be  exported 

on 383,  430 

to  be  built  for  Crown  Point  expedition,  rela- 
tive to,      .....  .  475 

to  Esquel  (near  Surinam)  provisions  to  be  ex- 
ported on,  .....  375 

to  Surinam,  provisions  to  be  exported  on,    317,  371 


872 


Index. 


VESSELS  —  contimied. 

two  armed,  to  be  provided  for  the  protection  of 

coasters  and  fishery,   ....  608 
with  provisions,  allowed  to  clear  for  ports  of 

Boston  and  Salem,      ....  381 
VICTUALLING. 
allowance  to  Ebenezer  Shelden  for,  .  .  469 


VIGILANT,  the  ship. 

billeting  men  on,  allowance  for,       .  .  .  115 

VOLUNTEERS. 

against  Penobscot  Indians,  encouragement  for,  396 
against  St.  Francois  Indians,  relative  to,  .  308 

enUstment  of,  on  the  Eastern  frontiers,  relative 

to 356 


W. 


WALPOLE,  Town  of. 
certain  inhabitants  of  Stoughton,   with   their 

estates,  annexed  to,    .  .  11,  17,  390 

French  Neutrals  to  be  transferred  to,       .     579,  606 
WALTHAM,  Town  of. 
certain  family  in  Cambridge,  with  estate,  to  be 

annexed  to,        .....  330 
French  Neutrals  in,  to  be  removed,  .  .  760 

Rebecca     Wellington,     administratrix,      with 

others,  impowered  to  sell  land  in,  .     20 

WABEHAM,  Town  of. 
certain  French  Neutral  family  to  be  transferred 

to, 663,  748 

WAKE   RIVER   PARISH. 
certain  inhabitants  of  Brookfield,  to  be  annexed 

to, 149,419 

WARRANTS. 
defective,  levy  of  taxes  on,  legalized,        .  .  384 

new  treasury,  to  be  issued  to  John  Ashley,        .  140 
WASTE. 
strip  or,  on  land  belonging  to  Puncapaug  In- 
dians, relative  to,        .  .  .     103,  120 
WATCH-HOUSE. 
to  be  built  near  powder-house  on  Boston  Com- 
mon,         ......  569 

WATERTOWN,  Town  of. 
certain  inhabitants  of,  annexed  to  Cambridge, 

relative  to  taxes  of,    .  .  .  .162 

certain  inhabitants  of,  with  their  estates,  an- 
nexed to  First  parish  in  Cambridge,      .  154 
petition  for  certain  persons,  with  their  estates, 

to  be  annexed  to,  order  of  notice  on,    .  747 
WELLS,  Town  of. 
First  parish  in: 
meeting  to  be  called  at,       .  .  .  .169 

proceedings  of  meetings  in,  confirmed,  .  226 

WENHAM,  Town  of. 

French  Neutrals  to  be  transferred  to,       .  .  594 

WESTBOROUGH,  Town  of. 

French  Neutrals  to  be  transferred  to,       .          .  579 
WESTERN   EXPEDITION. 
committee  of  war  for,  appointment  of,     .          .  296 
report  of  committee  on  Governor's  speech,  rela- 
tive to 296 

soldiers  enUsting  in,  relative  to,       .  .  .  299 

stores  for,  relative  to,    .  .  .  .  .  300 

wages  due  soldier  for  service  in,  allowed  John 

King, 698 

WESTERN  FRONTIERS. 
billeting  soldiers  on,  allowance  for,  .  .  291 

bounty  allowed  soldiers  on,  for  Indian  pris- 
oners and  scalps,         ....  349 
bounty  for  men  enlisting  for  service  on,  es- 

tabhshed, 349 

certain  garrisons  on,  men  to  be  dismissed  from,  624 
establishment  of  forces  on,  relative  to,  343,  347, 
395,  472,  475,  694,  707 
John  Fletcher  to  be  assigned  to  garrison  duty  on,  370 
fortifications  on,  relative  to,  .  .  .    225,  228 


WESTERN   FRONTIERS  —  continued. 
soldiers  on: 
going  to  meeting,  to  be  armed,     .  .  .  388 

wages  due  Nehemiah  Stebbins,  allowed,  .  380 

WESTERN  INDIANS. 
interviews  between  the  Governor  and,   inter- 
preter at,  allowance  to,        .  .  .21 
WESTFIELD,  Town  of. 

French  Neutrals  to  be  transferred  to,       .  .  579 

WEST  HOOSAC,  Township  of. 
billeting  men  posted  at,  relative  to,  .  .  628 

blockhouse  at,  provisions  at,  relative  to,  .  680 

blockhouse  to  be  erected  at  The  Square  in,      .  432 
meeting  of  proprietors  to  be  called  at,      .  .39 

men  to  be  posted  at,      ....    473,  708 

WEST   INDIES. 

provisions  to  be  exported  to,  .  .  .  498 

WEST   INDIES,  ENGLISH. 

provisions  to  be  exported  to,  .  .431,  554 

WHALE-BOATS. 
to  be  provided  for  Crown  Point  expedition,      .  475 
.to  be  sent  to  the  east,    .....  583 

WILLIAM  HENRY,  FORT. 
Col.  Jonathan  Bagley,  commander  at: 
allowance  to,      .  .  .  .  .  .  504 

Capt.  David  Mason,  commander  of  the  train  of 

artillery  at,  establishment  of  wages  of,  519 
allowance  to  Jeduthun  Baldwin  for  services  at,  630 
non-commissioned  oflScers  and  soldiers  at,  rela- 
tive to  clothing  for,     .  .  .    448,  587 
one  of  the  committee  appointed  to  reside  at 

Albany,  to  be  stationed  at,  .  .  504 

soldiers  in  service  at,  relative  to  the  enlistment 
of,  for  the  proposed  Crown  Point  ex- 
pedition,  ......  456 

wages  due  carpenters  for  work  done  at,  account 

of,  allowed,         .....  454 

wages  due  Indian  for  service  at,  allowed  Philip 

Wheeler 571 

WILLIAM'S   GARRISON. 

at  Pontoosuck,  men  to  be  posted  at,        .    473,  708 
WOOD, 
firewood,  allowance  for,  .  85,  256,  427,  664 

firewood   for   the  forces  in  barracks  at  Castle 

William  to  be  supplied,        .  .  .  671 
WORCESTER   COUNTY. 
certain  regiments  in,  men  drafted  from,  rela- 
tive to 597,  600,  617 

farmers  of  excise  in: 

committee  to   choose,     26,    187,   246,   373,  458, 

613,  652,  661,  667 

committee  to  choose,  allowance  to,        .  .  229 

Maj.  John  Chandler,  appointment  of,    .  .  289 

Nathaniel  Green,  appointment  of,  .  .  290 

John  Hunt,  appointment  of,         .  .  .     54 

Col.  Moses  Marcy: 

appointment  of,       ....  .  442 

remittance  to,  .....  643 

Ezra  Taylor,  appointment  of ,       .  .  .  630 


Index. 


873 


WORCESTER   COUNTY  —  continued. 

judge  of  probate  for,  impowered  to  divide  estate 

of  Joseph  Sawyer,        .  .  .  .48 

justices  of  court  of  general  sessions  in,  im- 
powered to  grant  a  license,  .     292,  407 

justices  of  superior  court  in,  impowered  rela- 
tive to  the  division  of  land,  .  .   724 

land  in,  called  the  Gore,  inhabitants  of,  an- 
nexed to  town  of  Sturbridge,  .   193 

persons   in,    possessing   Province  arms   to   be 

prosecuted,         .  .  .  .  .721 


WORCESTER    COUNTY  —  continued. 
superior  court  in,  clerk  of,  authorized  to  issue 

an  execution,     .....       7 
treasurer  of,  account  allowed,  .  9,  172,  368,  530 

WRENTHAM,  Town  of. 
certain  inhabitants  of  Stoughton,   with   their 

estates,  annexed  to,    .  .  .  .86 

French  Neutrals  to  be  transferred  to,       .  .  772 

impowered  to  sell  the  school  lands,  .  .     70 

petition  of  certain  inhabitants  of,  to  be  set  off 

to  Bellingham,  .....  407 
petition  of,  for  a  re-hearing  of  a  cause,    .  .  550 

Province  tax  in,  relative  to,   .  .  .  .  299 


Y. 


YALE   COLLEGE. 

education  at,  sale  of  land  of  a  minor  to  defray 

charges  of,  .  .  .  .  .88 

YORK   COUNTY. 
courts  in,  adjourned,      .  .  .  .  .85 

farmers  of  excise  in: 
committee  to  choose,    27,  188,  243,  374,  459,  614, 

637,  662 
Foxwell  Curtis  Cutt,  appointment  of,    .  .  230 

Capt.  Ichabod  Goodwin,  appointment  of,  319,  561 
Elisha  Jones,  appointment  of,       .  .  .  101 

Joseph  Simpson,  jr.,  appointment  of,    .  .  429 


YORK   COTTblTY  —  continued. 

justices  of  court  of  general  sessions  in,  impow- 
ered to  grant  a  license,    46,  77, 81, 99, 125, 199 

justices  of  inferior  court  in,  impowered  to  hear 

and  try  cause,    ....    329,  668 

justices  of  superior  court  in,  impowered  to  hear 

and  try  cause,    .  ^       .  .87,  141,  287 

late  sheriff  of,  executions  against  estate  of,  to 

be  issued,  .  .  .  .  .159 

treasurer  of,  account  allowed,  .  9,  196,  369 

YORK.  Towri  of. 

Francois  Le  Blanc,  a  French   Neutral,  to   be 

transferred  to,   .  .  .  .  .  582 


OCT  27 


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