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

THE 



ACTS AND RESOLVES, 



PUBLIC AND PRIVATE, 



Province of the Massachusehs Bay: 



TO •WHICH ARE PREFIXED 



THE CHARTERS OF THE PROVINCE. 



HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX. 



Published dnder Chapter 87 op the Resolves op the General Court 
OF the Commonwealth for the Year 1867. 



Volume XX., 

BEING VOLUME XV. OF THE APPENDIX. 

containing 

RESOLVES, ETC., 1777-1778. 



BOSTON : 
WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 
32 Derne Street. 
1918. 



«»u. 



STnFllBR^RUlfV/.SSAGHBSETTS' 
OCT ZS i919 

ST\Tt MOUSE, &#STtN. 



'iJ •«* . . *., 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1777-78. 



[1] 



LEGISLATIVE LIST' 



1777-78. 



Action by Major Part of the Council, from May 28, 1777. 



JOHN AVERY, Jr., 

Deputy Secretaey. 



COUNCILLORS OR ASSISTANTS. 

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

Hon. James Bowdoin \ Hon. Benjamin White 

Artemas Ward J Benjamin Austin 

Benjamin Greenleaf/ Henry Gardner 

Caleb Cushing [ Daniel Hopkins 

Richard Derby NEsqrs. Joseph Palmer )Esqr8. 

John Whetcomb [ Timothy Edwards 

Samuel Holten \ Oliver Prescott 

Jabez Fisher I Josiah Stone 

Moses Gill / Timothy Danielson 

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

Hon. William Sever ) Hon. Daniel Davis | 

Walter Spooner J^sqrs. Nathan Cushing f J^sqrs. 

Of the Inhabitants of or Proprietors of Lands withi7i the Territory formerly 
called the Province of Maine; 

Jeremiah Powell, Charles Chauncey & David Sewall, Esqrs. 

Of the Inhabitants of or Proprietors of Lands within the Territory lying 
iettoeen the River of Sagadahoc & Nova Scotia; 

Hon. John Taylor, Esq. 

For the State at large : — 
Hon. Thomas Cushing & Francis Dana, Esqrs. 

^ See Legislative Records of the Council, xxxvii., (1st part) 303, 306, (2d part) 1-5. 

[3] 



Resolves, etc. — 1777-78. [Representatives.] 



REPRESENTATIVES OR DEPUTIES. 

May 28, 2 777 to May 1, 1778. 

HOK. JAJVIES WARREN, Esq., Speaker. 

ROBERT TREAT PAINE, Esq., Speakek Pko : Tem; 



County of Suffolk. 

Boston, . . . Hon. John Hancock, Esq., 
John Pitts, Esq., 
John Brown, Esq., 
Oliver Wendall, Esq., 
David Jeffries, Esq., 
Caleb Davis, Esq., 
Mr, Ellis Gray. 

Roxbury, . . Increase Sumner, Esq. 

Dorchester, . . Capt. Ebenezer Wales. 

Milton, . . . Capt. Ebenezer Tucker. 

Braintree, . . Samuel Niles, Esq. 

Weymouth, . . Col. Solomon Lovell. 

Hmgham, . . Mr. Enoch Lincoln. 

Cohasset, . . Mr. Jonathan Beal. 

Dedham, . . Mr. Abner Ellis. 

Medjield, . . Mr. Daniel Perry. 

Wre7ilham, . . Mr. Benjamin Guile. 

Brookline, . . Mr. Elkanan Winchester. 

Needham, . . Mr. John Fisher. 

Stoughton, . . Thomas Crane, Esq. 

Stoughtonham, Capt. Ebenezer Tisdale. 

Medway, . . Elijah Clai'k, Esq. 

Bellingham, . Stephen Metcalf, Esq. 

Waljjole, . . Mr. Benjamin Kingsbury, 
Jr. 

County of Essex. 

Salem, . . . Mr. John Pickering, Jr. , 

Jonathan Gardner, Jr. , 

Esq., 

Capt. George AVilliams, 
William Wetmore, Esq. 

Danvers, . . Col. Israel Hutchinson. 

Ipswich, . . Hon. Michael Farley, Esq., 
Mr. Stephen Choate. 

Newbury, . . Moses Little, Esq., 

Mr. Richard Adams, Jr. 

Newburyport, Jonathan Greenleaf, Esq., 
Mr. Jonathan Jackson, 
Mr. Stephen Cross, 
Mr. Moses Frazier, 
Capt. Jacob Boardman. 

Marblehead, . Azor Orne, Esq., 

Jonathan Glover, Esq., 
Mr. Joshua Orne, 
Capt. Richard Stacey. 



County of Essex — Concluded. 

Lynn, . . . Mr. Edward Johnson. 

Andover, . . Col. Samuel Johnson. 

Beverly, . . Capt. Josiali Batcheldor, Jr. 

Rowley, . . Nathaniel Mighill, Esq. 

Salisbury, . . Major Joseph Page. 

Haverhill, . . Jonathan Webster, Esq. 

Gloucester, . . Peter Coffin, Esq., 

John Low, Esq. 

Topsjield, . . Capt. Samuel Smith. 

Amesbury, . . Capt. Caleb Pilsbury. 

Methuen, . . Mr. James Ingals. 

Bradford, . . Dudley Carlton, Esq. 

Boxford, . . Aaron Wood, Esq. 

Maiichester, . Capt. W^illiam Tuck, 

County of Middlesex. 

Cambridge, . Mr. Stephen Sewall. 

Waterlown, . Jonathan Brown, Esq, 

Woburn, . . Samvxel Wyman, Esq. 

Concord, . . Capt. Joseph Hosmer, 

Newto7i, . . IVIr. Thomas Parker. 

Reading, . . Mr. Benjamin Flint. 

Marlborough, . Mr. George Brigham, 

Mr. Edward Hunter. 

Billerica, . . William Thom^json, Esq. 
Frami7igham, . Mr. William Brown. 

Lexi?iglo7i, . . Mr. Jonas Stone. 

Chelmsford, . Col. Simeon Spaulding. 

Sherburne, . . Mr. Daniel Whitney. 

Sudbury, . . Thomas Plymjiton, Esq. 

Maiden, . . Mr. Ezra Sargent. 

Weston, . . . Mr. Isaac Ilobbs. 

Medford, . . Capt. Thomas Brooks. 

Westford, . . Capt. Zaccheus Wriglit. 

Waltham, . . Jonas Dix, Esq. 

Stow, . . . Mr. Abraham Whitne}', Jr. 

Oroton, . . . James Prescott, Esq., 

Josiah Sartell, Esq. 

Shirley, . . Major Henry Woods. 

Townsend, . . Mr. James Lock, 

DracAil, . . . Mr. Amos Bradley. 

Holliston, . . Major Aliner Ellis. 

Dunstable, . . Major Ebenezer Bancroft. 

Lincoln, . . Col. Eleazer Brooks. 

Wilmiyigton, . Major Timothy Walker. 

Littleton, . . W W'" Henry Prentice, 



[Representatives.] Resolves, etc. — 1777-78. 



County of IIampshike. 

Springfield, . Major William I'ynolieon, 
Mr. John Hale, 
Mr. Edward Chapin. 

W. Springfield, Mr. Jonathan White, 
]\Ir. Justin Ely, 
Mr. Eliphalet Leonard. 
John Bliss, Esq., 
Capt. John Shaw. 
Joseph Ilawley, Esq., 
Mr. Ephraim Wright, 
Mr. Robert Breck, 
Mr. Elijah Hunt. 
Xoah Goodman, Esq. 
Moses Dickinson, Esq., 
Mr. John Billings. 
Capt. Phineas Smith, 
Mr. Nathan Smith. 
John Hastings, Esq. 
Capt. David Mosely, 
Mr. Daniel Fowler. 
Mr. David Sexton. 
Mr. Cyrus Rice. 
Capt. Israel Hubbard. 
Timothy Danielson, Esq. 
Benjamin Mills, Esq. 
Capt. Reuben Munn, 
Mr. Abel Goodell. 
Elisha Porter, Esq., 
Mr. Jonathan Smith. 
Mr. William Scott. 
Mr. David Scott. 
Mr. Robert Wilson. 
Mr. W'" Moore. 
Timothy Robinson, Esq., 
Mr. Nathan Barlow. 

Oreenfield, . . ]\Ir. David Smead. 

Oreemvich, . Mr. Nehemiah Stibbins. 

Warwick, . . Mr. Thomas Rich. 

Blandfoi'd, . . Mr. William Bois. 

Ware, . . . Mr. Thomas Jenkins. 

Bernardston, . Capt. Elisha Burnham. 

Montague, . . Dr. Moses Gimn. 



Wilbraham, 



Northainpton, 



South Iladley, 
Amherst, 



Oranby, 

Hatfield, 
Westfield, 

Deerfield, 

Conway, 

Sunderland 

Brimfield, 

Chesterfield 

Monson, 

Hadley, . 

Palmer, 

Norwich, 

Shelburne, 

Southwick, 

Granville, 



County' of 

Middleborough, 

Rochester, . 
Plymptoti, . 

Pembroke, . 
Kingston, . 
Abington, . 
Hanoi^er, 



Plymouth — Concluded. 
Mr. Benjamin Thomas, 
Mr. Nathaniel Sampson. 
Col. Ebenezer White. 
Capt. John Bridgham, 
Mr. Thomas Cushman. 
John Turner, Esq. 
Capt. Ebenezer Washburn. 
Capt. AVilliam Read. 
Mr. Robert Lenthal Eels. 



County of Barnstable. 

Barnstable, . Capt. Ebenezer Jenkins. 

Sandwich, . . Joseph Nye, Esq. 

Yarmouth, . . David Thatcher, Esq. 

Eastham, . . Dr. Samuel Cheever, 

Capt. Amos Knowles, Jr. 

Harwich, . . Solomon Freeman, I^sq. 

Welljleet, . . John Greenough, Esq. 

Falmouth, . . Nathaniel Shiverick, Esq. 

Chatham, . . Col. Joseph Doan. 

County of Bristol. 

Taunton, . . Hon. Robert T. Paine, Esq., 

Col. Nathaniel Reynolds. 
Rehoboth, . . Nathan Daggett, Esq., 

Shubael Peck, Esq. 
Swanzey, . . Col. Andrew Cole, 

Mr. Phillip Slead. 
Dartmouth, . Col. Seth Pope, 

Mr. William Davis. 
Norton, . . . Mr. Noah Woodward, 

Mr. Daniel Dean. 
Attleborough, . Capt. John Stearnes, 

Mr. William Stanley. 
Dighton, . . Mr. George Codding. 
Freetown, . . Thomas Durfee, Esq., 

Nathaniel Morton, Esq. 
Eaynham, . . Zepheniah Leonard, Esq. 
Easto7i, . . . Ca^jt. Matthew Hayward. 
Mansfield, . . Mr. Lewis Sweeting. 
Berkley, . . Samuel Tobey, Esq. 



County of Plymouth. 



Plymouth, . 

Scituate, 

Duxbury, . 

Marshfield, 
Bridgewater, 



Hon. James Warren, Esq. 

Speaker. 
Nathan Gushing, Esq., 
Major William Turner. 
George Partridge, Esq., 
Mr. Peleg Wads worth. 
Nehemiah Thomas, Esq. 
Col. Edward Mitchell, 
Nathaniel Reynolds, Esq. 



County of York. 



York, 
Kilter y. 
Wells, . 
Berwick, 
Arundel, 
Biddeford &-\ 

Pepjierell- C Thomas Cutts, Esq 

borough, ) 



Joseph Simpson, Esq. 
John Frost, Esq. 
Capt. Joshua Bragdon. 
Col. Ichabod Goodwin. 
Mr. Jacob Weilds. 



6 



Resolves, etc. — 1777-78. [Representatives.] 



County of Worcester. 



Worcester, 



Lancaster, 

Mcndon, 

Brookfield, 



Oxford, 



Charlton, 



Sutton, 



Leicester, 



Sjiencer, 



Rutland, 



Oakham, 

N. Braintree, 

Southbo7'ough, 
Westborough, 

Northborough, 
Shretvsbury, 
Lunenbtirg, 
Uxbridge, . 
Northbridge, 
Harvard, . 
Bolton, . 
Sturbridge, 

Eardivick, . 

Western, 

Leoviinster, 

Ilolden, . . 
Orafton, 
Petersham, . 



]Mr. Ebenezer Lovell, 

Mr. David Bigelow, 

Mr. John Green, 

Mr. Ezekiel How. 

William Dunsmore, Esq. 

Mr. Setii Nelson, 

Captain John Tyler. 

Mr. John Phij^ps, 

Col. James Converse, 

Capt. Benjamin Rice. 

Edward Davis, Esq., 

Capt. William Hancock. 

Major Jacob Davis, 

Mr. Caleb Ammidown, 

Mr. Isaiah Blood. 

Mr. Willis Hall, 

Amos Singletary, P^sq. 

Capt. Seth Washbiirn, 

Capt. Samuel Green. 

Mr. Oliver Watson, 

Mr. John Bisco. 
. Major Daniel Clap, 

Mr. John Fessenden. 

Capt. Isaac Stone. 

Mr. Jacob Pepper, 

Major James Woods. 
. Mr. William Collins. 
. Capt. Stephen Maynard, 

Mr. Daniel Forbes. 

Col. Levi Brigham. 

Mr. Jonas Stone. 
, Capt. (Jeorge Kimball. 
, Col. Joseph Reed. 

Mr. Jonathan Bacon. 

Capt. Phineas Fairbank. 
, Samuel Baker, Esq. 
, ]VIr. Daniel Fisk, 

Mr. Joshua Harding. 
, Brigadier Jonathan Warner, 

Col. Stephen Rice. 
. Mr. Isaac Gleazen, 

Mr. Thomas Rich. 
, Capt. John Joslin, 

Israel Nichols, Esq. 
, Capt. James Davis. 
. Mr. Joseph Batchellor. 
, Col. Jonathan Grout, 

Capt. Elisha Ward, 

Mr. Samuel Dennis. 



County of V 


k'oRCESTER — Coyicluded. 


Royalston, . . 


Mr. Timothy Richardson. 


Athol, .... 


Capt. John Haven, 




Mr. William Bigelow. 


Templeton, . . 


Capt. John Richardson. 


Princeton, 


Mr. William Thompson. 


Ashburjiham, 


Mr. William Whetcomb. 


Winchcndon, 


Mr. Robert Bradish. 


Uptoji, 


Mr. James Bradish. 


Dudley, . 


Major William Learned, 




Mr. Edward Davis. 


Paxton, . 


Capt. Phineas Moore. 


Barre, 


Mr. John May son. 




Mr. Asa Hapgood. 


Westmiyister , 


Mr. Joseph Miller. 


County 


OF Cumberland. 


Falmouth, 


. Hon. Jedediah Preble, 




Esq., 




Capt. Joseph Noyes. 


N. Yarrnorith, 


. John Lewis, Esq. 


Scarborough, 


. Mr. William Vaughan. 


Cape Elizabeth, 


. Mr. Peter Woodbury. 


Earpswell, . 


. Capt. Isaac Snow. 


County of Berkshire. 


Sheffield, . . 


Col. John Ashley, 




Lemuel Barnard, Esq., 




Capt. William Bacon. 


G* Barrington, 


. Capt. William King, 




Capt. Silas (ioodrich. 


Partridgefield, 


. Mr. Stephen Tracey. 


Williamstown, 


. Capt. Isaac Searles. 


N. Marlborough 


, Capt. Zenas Wheeler. 


Pittsfield, 


. Mr. Valentine Rathbone, 




Mr. Josiah Wright, 




Mr. Eli Root. 


Stockbridge, . 


. Timothy Edwards, Esq., 




Mr. John Bacon. 


Egremont, 


. Mr. Oliver Pier. 


Tyringham, . 


. John Chadwick, Esq., 




Mr. Joseph Wilson. 


Sandisfield, . 


. Mr. Thomas Brown. 


Becket, . . 


. Nathaniel Kingsley, Esq. 


Oageborongh, 


. Mr. Ilarmau Briggs. 


Richmond, 


. Capt. James Gates. 


County of Lincoln, i 


Oeorgetown, . 


. Samuel MTobb, Esq. 


Vassalborough, 


. Capt. Abiel Lovejoy. 



1 House Journal, June 23, 1777. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-Eighth Day of May, A.D. 1777. 



CHAPTER 1. 

RESOLVE EMPOT\-ERING THE JUDGE OF THE MARITIME COURT FOR 
THE SOUTHERN DISTRICT TO ACT IN THE MARITIME COURT FOR 
THE MIDDLE DISTRICT. 

Whereas the hon'''^ Tim" Pickering Esq'" Judge of the maritime Legislative 
Court for the Middle District is again absent from this State, and coundi^ °^ ^'^^ 
several vessels have been libelled in his Court and others have xxxvii. (2nd 
since been brought into the said District and may hereafter, during Mass.' 
the absence of the said Judge, be brought into the same District: ^x'iv'^lo 
and it being doubted whether the Judge of the Maritime Court 



for the Southern District has authority by virtue of a Resolve Laws, xix., 726, 
made by the Great and General Court on the Eleventh Day of '^^^^' ^^^' 
December 1776 to try the Justice of the Capture of any such 
vessels as are aforementioned 

Therefore be it 

Resolved that the Judge of the Maritime Court for the Southern 
District be and hereby is fully authorised and impowered in the 
absence of the Judge of the Maritime Court for the Middle Dis- 
trict to try the Justice of the Capture of all such vessels as are 
above mentioned and give judgment thereupon as fully to every 
intent and purpose as the said Judge of the Maritime Court for 
the Middle District might or cou'd do if he was personally present. 
[Passed May SO. 

CHAPTER 2. 

APPOINTMENT OF FIELD OFFICERS OF THE FIFTH SUFFOLK COUNTY 
REGIMENT OF MILITIA. 

In the House of Representatives 
The House made choice bv ballot of the following Gentlemen Legislative 
as Field Officers of the fifth Regiment of Militia in the County of coundr^*''" 

Suffolk viz xxxvii. (2nd 

part), 7. 
Mass. 

Ebenezer Thayer tertius Colonel Archives, 

Edward Billings Lieut: Colonel ''^"^- ^'- 

Seth Turner ........ first Major 

In Council 
Read & Concurred. [Passed May 31. 

m 



Resol\'es, etc. — 1777-78. 



[Chaps. 



6-0. 



Legislative 
Records of the 
Council, 
xxxvdi. '(2nd 
part), 7. 
RIass. ' 
Archives, 
ccxiv.. 82. 



CHAPTER 3. 

COMMITTEE APPOINTED TO EXAMINE MUSTER ROLLS. 

In the House of Representatives. 
Ordered That M' Sergeant, M' Vaughan M' Brown of Framing- 
ham, Coll Low & Coll Little, with such as the Hon. Board shall 
join, be a Committee to examine the Muster Rolls of Officers in 
the Service of this State 
In Council 
Read & Concurred and Benjamin White & Daniel Davis Esq" 
are joined. [Passed 31 ay 31. 



CHAPTER 4 



Legi3lati%'e 
Records of the 
Council, 
xxxvii. (2nd 
part), 8. 
Mass. 
Archives, 
clxxxii., 406. 



RESOLVE ON THE PETITION OF JAMES RICHARDS. 

On the Petition of James Richards of Norwalk in behalf of 
his brother now a Prisoner in New York Goal praying that M' 
Benjamin Davis now a Prisoner in Boston Goal may be sent in 
Exchange for his said Brother. 

Resolved that the prayer of the within petition be granted, & 
that Benjamin Davis now a Prisoner in the Goal in the town of 
Boston, be exchanged for Cap* Samuel Richards a prisoner in 
New York, provided that proper care be taken that sd Davis does 
not carry any papers with him & is cautiously sarched when de- 
liver'd up. And it is also 

Resolved that Benjamin Davis jun'' Son of the aforesaid Davis, 
now a Prisoner in Boston Goal be exchanged for Mr John Cal- 
lender a Prisoner in New York, provided due caution be taken 
that he does not carry any papers with him & is properly sarched 
when deliver'd up. But if said Callender or some person of equal 
rank should not be procured in Exchange for said Davis that said 
Davis be returned to this State. [Passed June 2. 



CHAPTER 5 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 9. 
Mass. 
Archives, 
ccxiv., 83. 

Mass. 
Arciiives, 
ccxiv., 84. 



RESOLVE ON THE PETITION OF THOMAS JONES. 

On the Petition of Thomas Jones Shewing, That he was taken 
on his Passage from Nova Scotia to Jamaica and brought into this 
State together with his Wife, therefore prays Liberty to Purchase 
a Small schooner to proceed to England with his Wife and Servant 
and a Sufficient number of hands to man said Vessel in Ballast &c. 

Resolved that on the Petitioner Thomas Jones^^ Procureing the 
Inlargment and Discharge of A Master of A vessell a Mate & 
three seamen belonging to this State, if to be obtained if not to 
either of the united States who are now Prisoners in the Hands of 
the British Tr[oops, the] ^ said Thomas Jones have Liberty [under 
the direction of the Committee] ^ of [the] ' Place from Which the 
vessell he may Purchase Shall depart, to Purchase A vessell not 
exceeding fifty tons and in her to depart this Continent with his 
Wife A Mate and three men said vessell to Proceed in her Ballast 
and to be Properly search"* by the aforesaid Commity that she 
Carry No more Provisions or any other article than is Nessacary 
for the above Persons [or a]ny ^ Letters or Papers Except the 
Permitt for her sailing. [Passed June 2. 

1 Inserted from Legislative Records of the Council. 



[1st Sess.] Resolves, etc. — 1777-78. 9 



CHAPTER 6. 

APPOINTMENT OF A COMMITTEE FOR COMMISSIONATING THE 
OFFICERS OF THE 15 BATTALIONS OF CONTINENTAL TROOPS. 

In the House of Representatives. 
The House made choice by ballot of Azor Orne Esq"" George Legislative 
Partridge Esq' Jonathan Webster Esq' Cap* Seth Washburn and council °^ ^''^ 
Cap' Joseph Hosmer a Committee for commissionating the Officers xxxvii. ('2nd 
now raising Men for the fifteen BattaHons of Continental Troops Mass.' 
raising in this State ^rivlysg. 



In Council 
Read & Concurred. [Ptusscd June 3. 



CHAPTER 7. 

RESOLVE FOR SUPPLYING THE ARMY WITH STORES. 

Resolved that the Committee for supplying the Army with K,|cOTds'of the 
stores be and hereby are directed immediately to procure Teams Council, 
& Carriages, either by hire or purchase as they shall find most part), 12. 
expedient, and that they forward all such stores to the place of ^rehives 
their Destination with the greatest dispatch: That they engage a ccxiv.. 88*. 



sufficient number of Guards, Teamsters &c for the protection and Mass. 
conveyance of the same, by Inlistment or otherwise as soon as cc^jdv.yes. 
may be; and that said Committee make return to this House once 
in fourteen Days, at least, of their doings hereon, and of any 
Defect that may come to their knowledge of the ample Allowance 
and supply of the soldiers belonging to this State. [Passed June 3. 



CHAPTER 8. 

APPOINTMENT OF A COMMITTEE TO CONSIDER DISCHARGING 
MILITIA ORDERED TO TICONDEROGA WITH REPORT. 

[In t]he^ [House]^ of Represe[ntatives.]^ 
Ordered. That M[r]^ W^etmore and Maj' Goodman, with such as Legislative 
the Hon Board shall join, be a Committee to consider the ex- council ° *'^^ 
pediency of discharging the Militia that were order'd to Ticon- "'"'yf',?"^ 
deroga, from the Counties of Hampshire & Berkshire & report Mass.' 

I„ /^ •] Archives, 

n Council _ _ ^ ccxiv., 87. 

Read & Concurred and Joseph Palmer Esq' is joined. 

The above Com*®® Report, That a Letter be immediately sent 
to the Commanding Officer at Ticonderogo, to be signed by the 
President of the Council, desiring him to dismiss the Militia of the 
Counties of Hampshire & Berkshire that have lately been ordered 
upon that Post, or such part of them as he may judge consistant 
with the safety of the public. 
In Council 

Read & Accepted 

In [the house of Rep]resenta^®® ^ 

[Read & Conjcurred.^ [Passed June 3. 

1 Inserted from Legislative Records of the CounciL 



10 



Resolves, etc. 



1777-7^ 



[Chaps. 9-12.] 



CHAPTER 9 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 13. 
Mass. 
Archives, 
ccxiv., 90. 



RESOLVE DIRECTING THE COMMITTEE ON MUSTER ROLLS 
ALLOW WAGES AND MILEAGE. 



TO 



Resolved that the Committee on Muster Rolls Exammine and 
allow the Rolls Presented By The Officers of this State for Wages 
and Milage Agreeable to the Resolves of the General Court of 
this State. [Passed June 3. 



CHAPTER 10 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 14. 
Mass. 
Archives, 
ccxiv., 98. 



RESOLVE CONTAINING DIRECTIONS TO THE COMMITTEE APPOINTED 
TO COMMISSION THE OFFICERS OF THE 15 BATTALIONS. 

Resolved That the Comittee yesterday Appointed to Commis- 
sion the officers of the Fifteen Battallions in the Continental 
Army belonging to this State be and they hereby are directed to 
Commission those Officers to Whom beating orders have been 
Issued who have Inlisted their Quotas of men agreable to the 
Resolutions of the Honourable Continental Congress determining 
the number of men Each Company should Consist of, Altho said 
officers should Exceede Eight companies to A Battallion: provided 
they apply for their Commissio[ns] on or before the twentieth day 
of June Instant this Resolve to be inserted in the several News- 
papers within this State. [Passed June 4- 



CHAPTER 1 1 



APPOINTMENT OF A COMMITTEE TO CARRY INTO EXECUTION RE- 
SOLVES OF CONGRESS. 



IjOgisIative 
Records of the 
('ouncil, 
xxxvii. (2nd 
part), 14. 
Mass. 
Archives, 
ccxiv., 97. 



In the House of Representatives 
Orderd That M' Sumner, M' Davis of Boston, and M' Green- 
leaf with such as the Hon. Board shall join be a Committee to 
take into consideration some proper measures for carrying into 
Execution the Resolves of Congress with respect to wounded Men 
& report 

In Council 
Read & Concurred and John Whetcomb & Nathan Gushing 
Esq" are joined. [Passed June 4' 



CHAPTER 12. 

RESOLVE APPOINTING A COMMITTEE TO PASS UPON AND PAY AC- 
COUNTS. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 16. 
Mass. 
Archives, 
ccxiv., 99. 



In the House of Representatives. 
Whereas a necessary attention to the more important affairs 
of the Government, in the present extraordinary times of difficulty 
and distress, renders it impracticable for this House to receive and 
properly examine the numerous accounts, from time to time ex- 
hibited against the government, according to the mode practiced 



[1st Sess.] Resolves, etc. — 1777-78. 11 

before the commencement of the present war; and the payment 
of such accounts must be long and unreasonably delayed unless 
other provision be made for receiving, examining, passing upon 
and praying such Accounts Therefore 

Resolved that Capt Thomas Brooks, Thomas Durfee Esq, M"" 
Thomas Plymton, Aaron Wood Esq, Jonathan Webster Esq, 
Capt Seth Washburn & Nathaniel Mighill Esq' be, and they 
hereby are appointed a Committee for, on the part, and in behalf, 
of the House of Representatives, untill the further order of the 
General Court, to receive, examine & finally pass upon all ac- 
counts, not otherwise ordered, which shall be presented to them for 
allowance for services done or articles supplied by order of the 
General Court or any Congress of this State, such Accounts being 
properly vouched; And the doings of said committee, or any four 
of them who are hereby constituted a Quorum, shall be considered 
as valid as any Vote or Resolve of the House touching such Ac- 
counts, as well in the Recess of the Court as during the setting of 
the same, And that said Committee open An Office and Advertise 
the publick thereof & of this Resolve; and that the Business be 
constantly attended to and effectually performed Also 

Resolved that the Hon^'® Council, or such Committee of Council 
as they shall appoint therefor, be and they hereby are impowered, 
both in the sitting and Recess of the Court, to concur after ex- 
amination all such accounts as shall have been passed by the 
Committee aforesaid. And in Order to prevent delays in the 
payment of accounts passed and allowed by said Committee 
of the House, and by the Council or committee of Council, it is 
further 

Resolved that the Council be, and they are hereby, authorised 
from time to time to issue their Warrant, requiring the Treasurer 
of this State to pay into the Hands of said committee or com- 
mittees such Sum or Sums of Money, from time to time, as the 
council shall judge proper for discharging and paying such Ac- 
counts, said committee or committees to be accountable to this 
Court therefor And it is further 

Resolved that the committee on the part of the House shall keep 
an Account of the Names of the Persons, the Towns they respec- 
tively belong to and the Sums allowed them, who shall present 
their Accounts to said committee which committee shall lay such 
account before the House for perusal and inspection, once or 
oftner in each Session as the House shall Order. And it is also 

Resolved that the Secretary be, & he hereby is, directed to keep 
all such Accounts as shall be Ordered to be paid in consequence 
of Appointments by this Resolve in seperate Files Provided 

Always that nothing in the foregoing method provided for receiv- 
ing, passing upon & allowing such Accounts shall be considered 
as a precedent for the future, but to have been adopted merely 
from the necessity of the present Times. 
In Council 

Read & Concurred, and Jabez Fisher, Benj* White and Dan' 
Davis Esq''^ are joined on the Part of the Board. [Passed June 5. 



CHAPTER 13. 

RESOLVE ON THE PETITION OF WILLIAM LAWRENCE. 

Resolved That W^illiam Lawrence of Nova Scotia have leave to Legislative 
depart this State in the Schooner Liberty Packet about twelve coSndf °^*^^ 
Tuns Burthen for the s^ Province of Nova Scotia he taking on xxxvii. (2nd 

° part), 15. 



12 



Resolves, etc. — 1777-78. [Chaps. 14-16.] 



Mass. 
Archives, 
clxxxii., 409a. 

Mass. 
Archives, 
clxxxii., 409. 



Board such Articles only as the Committee of Correspondence for 
the Town of Boston may judge necessary & that the s"^ Lawrence 
have Leave to take with him Jacob Baker to assist in navigating 
s*^ Vessell [Passed June 5. 



CHAPTER 14. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 18. 
Mass. 
Archives, 
ccxiv., 101. 



VOTE APPOINTING EBEN: WALES TO COUNTERSIGN NOTES. 

In the House of Representatives 
The House appointed Cap' Ebenezer Wales to countersign the 
Notes orderd to be issued for the use of the Board of War, in the 
room of M' Hill, absent. 
In Council 
Read & Concurred. [Passed June 5. 



CHAPTER 15 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 18. 
Mass. 
Archives, 
ccxiv., 102. 



RESOLVE IMPOWERING COMMITTEE TO COMMISSION THOSE OFFI- 
CERS THAT HAVE INLISTED TWO THIRDS OF THEIR MEN. 

Whereas it is of the greatest Importance to the United States, 
that the Troops Engaged in the Service of the Continent should 
Immediately march to the several places of destination, and 
whereas the said Troops from A Resolve of this Court, Sepcifiing 
the number Each Core of officers should Enlist, before they should 
be Entitled to their Commisisions] ^ does greatly Obstruct the for- 
warding the said Troops — Therefore 

Resolved, That the Committee Appointed to Commission the 
officers of the fifteen Battallions raised in this State, be and they 
hereby are directed to Commission, such Officers, in the said 
fifteen Battalions, as have Inlisted two third parts of the men, 
necessary to Compleat the Companies, Agreable to the resolves 
of the Hon" Continent^ Congress for raising & Establishing 
Eighty Eight Battallions, for the service of the United States, 
anything in any Act, or resolve of the gen' Court, to the Con- 
trary notwithstanding, provided that no greater Number of officers 
of each rank be Commissioned in any Battalion than are pro- 
vided for by the Establishment of Congress. [Passed June 5. 



CHAPTER 16. 



Legislative 
Records of the 
C'ouncil, 
xxxvii. (2nd 
part), 19. 
Mass. 
Archives, 
ccxiv., 103. 



ORDER DIRECTING COMMITTEE TO PASS ON SEACOAST COMMIS- 
SARIES ACCOUNTS. 

Ordered That the Committee on Accounts receive and pass 
upon the Accounts of the Commissary's for the Men rais'd for 
the Defence of the Sea Coast. [Passed June 5. 

1 Inserted from Legislative Records of the Council. 



[1st Sess.] Resolves, etc. — 1777-78. 13 



CHAPTER 17. 

RESOLVE APPOINTING A COMMITTEE TO PURCHASE SLOPS AND 

SMALL STORES. 

Resolved that William Pynchon Esq. Caleb Davis Esq. Cap legislative 
George Williams M'' Robert Breck & Cap Ebenezer Lovell be and coC^df,° * ^ 
they hereby are appointed a Committee for the purpose of pur- p^rtfig^"^* 
chasing from time to time untill the further order of this Court Mass.' 
at the most reasonable Terms, a quantity of such Slop or small ccxivJiM. 
Stores, roots & Vegitables as they shall think necessary for the 
present and future relief of that part of the Continental Army, 
both Northern & Southern that has been or shall be raised in this 
State: and Said Committee is hereby directed to convey the 
same to the Commissaries herein after appointed, in proportion to 
the numbers in their respective departments and take their re- 
ceipts for the same, and lay their accounts before this Court for 
Allowance. 

Resolved that the Treasurer of this State be and hereby is 
directed to pay into the hands of the said Committee or their 
order the sum of six thousand pounds to enable them to execute 
this Trust, they to be accountable to the general Court, when 
required, for the expenditure of the sums they shall respectively 
receive 

and it is further 

Resolved that M"" Hezekiah Smith for the Northern and [M]aj^ 
Levi Sheppard for the Southern Army be and hereby are ap- 
pointed Commissaries in behalf of this State to take charge of 
All Stores purchased by the Committee above appointed, and by 
them committed to them respectively, and them to sell to the 
soldiers in that part of the iVrmy raised in this State where they 
are appointed respectively, at the regulated price for the articles 
& charges and no more: The said Commissaries to be accountable 
to this Court for their doings in said Office, when rec^uired, & 
that They be each of them Allowed for their Services the sum of 
sixteen pounds ^ month and it is further 

Resolved that each of the Commissaries aforsaid are hereby im- 
powered to appoint a deputy if they shall judge necessary for the 
purposes aforsaid, and that said Deputies be each of them al- 
lowed the sum of Eight pounds ^ month for their services. 

Further 

Resolved that the Commissaries aforsaid each of them give 
Bonds to the Treasurer of this State in the sum of one thousand 
pounds with two sufficient sureties for the faithful performance of 
said Trust. [Passed June 6} 



CHAPTER 18. 

ORDER ADDING DOCTOR DUNSMORE TO THE COMMITTEE ON AC- Legislative 

COUNTS. Counclf °^ *^^ 

XXX vii. (2nd 

Ordered That Doct Dunsmore be added to the Committee on Mass.'^'' 
Accounts for the sole purpose of examining with them any Doc- ^'^'^'^^^^o'e 
tors Accounts that may be presented. [Passed June 6. ' 

1 This date is June 5 according to Legislative Records of the Council. 



14 



Resolves, etc. — 1777-78. [Chaps. 19, 20.] 



CHAPTER 19. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 21. 
Mass. 
Archives, 
ccxiv., 107. 



RESOLVE RESPECTING THE CONVENING OF WITNESSES FOR THE 
TRIAL OF PERSONS INIMICAL TO THIS STATE. 

Whereas difficulties have arisen with respect to the Power 
which the Court of special Sessions for the Trial of Persons 
inimical to this State, have for the convening Witnesses before 
them — 

Therefore Resolved, That the Justices of said Court have full 
Power to appoint a Clerk for said Court, and have full Power to 
order said Clerk to issue Summonses for the x\ttendance of Wit- 
nesses necessary at any Trial, though such Witnesses may live in 
any other County than that where such Court is held, and to issue 
any Process for the compelling Witnesses to attend, as amply as 
IS by Law given to the Superior Court and Court of General Goal 
Delivery of this State. [Passed June 6. 



CHAPTER 20 



RESOLVE RESPECTING THE INHABITANTS OF THE COUNTIES OF 
CUMBERLAND AND SUNBURY IN NOVA SCOTIA. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 22. 
Mass. 
-Archives, 
ccxiv., 113. 



Whereas we are requested, by a Resolve of Congress of the 
IS**" ult" "to consider the Case of the Inhabitants of Cumberland 
& Sunbury Counties in Nova-Scotia, who are Sufferers by their 
attachment to the American Cause, & to devise & put in execu- 
tion, at Continental expence, such measures as we shall think 
practicable & prudent for their relief," under certain restrictions 
therein mentioned. And as Sundry of the Inhabitants of said 
Counties, & others. Inhabitants of the Eastern parts of this State, 
have petitioned this Court for relief & protection from the usurpa- 
tion & tyranny of Britain. And as it appears to us both prac- 
ticable & prudent to form an expedition to the River S' Johns in 
Nova Scotia, in order to Secure the Inhabitants of said Counties 
agreeable to their petitions; to preserve our Eastern Settlements; 
& to prevent a communication, through said River, between our 
Enemies in Nova Scotia, with those in Canada; therefore 

Resolved, That there be one Regiment raised, as soon as possible, 
in the Counties of Lincoln & Cumberland, within this State, to 
consist of 728 men, officers included, to be formed into eight 
Companies, to be upon continental Pay, & to be raised by enlist- 
ment, for a term not exceeding Six Months. 

That there be a sufficient Naval force provided, to Convoy all 
the necessary Stores to said River, or such other place as may be 
ordered; not only sufficient for said Regiment, but also for such 
volunteers & Indians as may join them in this expedition for 
securing that part of the Country against the depredations of 
the enemies to the Independency of the united States of America, 
all of whom shall be subject to the Rules & Regulations of the 
Continental army. That a general Officer be appointed by the 
whole Court, to command & direct this whole affair, under such 
orders as may from time to time be given him by the Council, 
to whom he shall frequently make returns of the State & cir- 
cumstances of the forces, & all proceedings in this Expedition. 

That the whole force by Land & Water, shall rendevous at 
Mechias as soon as possible, & there receive the orders of said 



[1st Sess.] Resolves, etc. — 1777-78. 15 

general Officer, to which, there shall be paid the strictest obedi- 
ence, by all inferior officers, & others, who may be employed in 
this affair. 

That Six Field-Pieces, with two 12 pounders, & two Small 
Mortars, be Sent with the Stores, to be used for the defence of the 
same, when at Mechias, or for such other purposes as the Com- 
mander may order. 

That the Court appoint the Warrant & Field Officers, & the 
Commissary, with such other Officers as they may see fit, exclusive 
of Captains & Subalterns, & noncommission officers: Blank Com- 
missions for Captains & Subalterns to be delivered to the Com- 
mander, who, with the Field-Officers, shall appoint them, & de- 
liver their Commissions, when they have raised their Companies: 
And the Captains & Subalterns shall appoint the noncommission 
officers for their respective Companies, to be approved or disap- 
proved of by the Field Officers. 

Tliat there be delivered to said general Officer, a compleat Set 
of blank Commissions & Warrants for a whole Regiment, consist- 
ing of 728 men, officers included, to be formed into eight Com- 
panies, to be raised from the Inhabitants of the State of Nova- 
Scotia, or the Eastern parts of this State; He observing a Similar 
rule of conduct in all the appointm''^ with that held up in the last 
foregoing Paragraph. Said Regiment to be on the same pay & 
Establishment as the former, & to be continued in Service one 
year, unless sooner discharged. 

That the Commander be vested with power to dismiss the first 
mention'd Regiment, if lie may judge it necessary, when the sec- 
ond is compleated; or to employ both in any service for the united 
States, which he may judge prudent to put them upon, in this, or 
the State of Nova-Scotia. 

That the Board of W^ar make application to the Commander 
of the Alfred Man of war, & to the owners of such private Ships 
of War as are likely to be obtained, & which may be needed for 
this Service, & to agree as the Court may order. And, that they 
also be cloathed with ample power to furnish every necessary 
article for this expedition. 

That the Com'®® of Mechias be repaid in kind, all the stores 
which they have supplied; agreeable to their Petition of the 18th 
ult° 

That there be One Company of the Train, consisting of fifty 
Men, officers included; to be raised within this State, as Soon as 
possible, & to be upon the Continental Pay; to go upon the Same 
Service, & to be under the Same Rules, Regulations & Command 
with the forces aforesaid. [Passed June 7.^ 



CHAPTER 21. 



BESOLVE RESPECTING THE INNOCULATING HOSPITALS IN AND 
ABOUT THE TOWN OF BOSTON. 

Whereas the Practice of Innoculating for the Small pox is & Legislative 
has been very prevalent in the Towns neighbouring & adjacent to Councif," 
the Town of Boston, & should the Enemy make a sudden & p^'^Zii!"^ 
powerfull Invasion into this State, as Boston & the Vicinity of it is ^^^ss.' 
most likely to be their Object, Therefore ccxiv.ynV. 

Resolved That from & after the 10''' day of this Instant June 
no Person shall presume to innoculate or be innoculated with the 

1 This date is June 6 according to Legislative Records of the Council. 



16 



Resol\'es, etc. — 1777-78. [Chaps. 22, 23.1 



Small pox it is enacted in either of the Towns hereinafter men- 
tioned under the Penalty of Fifty pounds as in an Act already 
made & provided, vizt in Boston, Roxbury, Dorchester, Milton, 
Braintree, Weymouth, Hingham, Dedham, Brookline, Chelsea, & 
Hull in the County of Suffolk, Cambridge, Charlestown, Water- 
town, Maiden Medford Waltham & Newtown, in the County of 
Middlesex, Any License or Permit for Innoculation granted by 
proper Authority notwithstanding — 

Resolved also that the Selectmen & Committees of Correspond"® 
&c of the several Towns beforementioned do without delay see 
that this Order is fully complied with & that they advertise those 
Persons whose proper Business it [is] with all convenient Speed to 
have the Innoculating Hospitals, Barracks, & all other Buildings 
within the said Towns cleared of all Infection, so that should 
there be any Necessity to call in the Militia, they may safely pass 
in & towards the Town of Boston, & that the several Barracks 
now infected may if wanted be used for the Quartering of Soldiers 
And for the more full Execution of this Order it is further 
Resolved that Docf Dunsmore Coll Sartell & Coll Lovell be a 
Committee to go into the several Towns aforementioned, & in 
Conjunction with the Selectmen & Committees in each, see that 
a strict Obedience be paid to the foregoing Resolves. [Passed 
June 7. 



CHAPTER 22 



Legislative 
Records of the 
Council, 
xxxvii. {2nd 
part), 25. 
Mass. 
Archives, 
ccxiv., 115. 



RESOLVE TO SUSPEND RAISING OF TWO STATE REGIMENTS. 

Whereas Gen^ Washington has given assurances that it is His 
Intention that the three Supernumerary Regiments, of which 
Col° Lee, Col° Jackson, & Col° Hendly are Commanders shall 
remain in this State till the Intentions of the Enemy become so 
conspicuous, as to admit no doubt that their Continuance here is 
no longer necessary and Whereas it is Apprehended that the raising 
the Two State Regiments of which Col° Keyes & Colonel Robinson 
are Appointed Colonels will greatly Impede the progress of the 
Continental Regiments Above mentioned Therefore 

Resolved that the Hon**'^ Board be and hereby are desired to 
Issue out their Orders to Col° Keyes and to CoP Robinson to 
suspend all further Proceedings with respect to the raising the 
Two State Regiments to the Command of which they have been 
Appointed, & that no further Enlistments be made of Men, for 
filling up said Regiments. [Passed June 7. 



Ixigislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 26. 
Mass. 
Archives, 
ccxiv., 108. 

Mass. 
Archives, 
ccxiv., 109-112. 



CHAPTER 23. 

RESOLVE ON THE PETITION OF SAMUEL HARRIS AND JOHN WELCH. 

On the Petition of Sam^ Harris & Jn° Welch praying that the 
Brigg Perkins now detained by the naval officer at the Port of 
Townshend upon Suspicion of having contravened the Act Saying 
the Embargo on all shipping in Dec"" last may be restored to them 
for reasons therein mention'd 

Resolved that John Beath Naval officer of Townshend in the 
County of Lincoln be directed & he hereby is directed to deliver 
to the s*^ Harris & Welch or their Order the s*^ Brigg Perkins & 
Cargo, it appearing that they have not violated the Act afores*^.. 
[Passed June 7. 



[1st Sess.] Resolves, etc. — 1777-78. 17 



CHAPTER 24. 

ORDER DIRECTING THE BOARD OF WAR TO SUPPLY COMMITTEE 
WITH SLOPS AND SMALL STORES. 

Ordered that the Board of War be and hereby are directed to Legislative 
diliver unto the Committee for supplying the Army with slops councif '^^ ^''^ 
and small Stores such a quantity & number of Shoes Stockings & xxxvii. ('2nd 
Shirts now in their possession as the said committee shall think Mass.' 
proper, & the Board of War can spare And the said Committee ^"-v^n'g 

are hereby directed immediately to send them forward to the ~ — '' 

several Commissarys of State Stores in the army by them to be Archives, 
sold to the soldiers raised in this State under the same restrictions i2orcch^fv., 
and regulations with other State Stores in his possession. — And *^- 
Whereas the Circumstances of the Army require, that these & such 
like stores as are necessary for their Support Health & Comfort be 
transported to them from time to time with all Expedition, there- 
fore 

Resolved that the transportation of such articles be & hereby is 
excepted out of the Law to prevent Monopoly & Oppression or the 
addition thereto. [Passed June 9.^ 



CHAPTER 25. 

RESOLVE ON THE PETITION OF JOHN BLACK. 

On the Petition of John Black of Barre in the County of Records of the 
W orcester, Setting forth Council, 

That by an Order of the last Great and General Court [he] was ^t)"'27^° 
Committed a close Prisoner to the Common Goal in Worcester, Mass. 
until further Order of said Court, '^^^^^502 

Therefore Prays, that this Honble Court would so far take his 
Circumstances into Consideration as to give him leave to return 
Home under such Bonds &'^ as your Honors in your great W'isdom 
shall Judge proper — 

Resolved that the prayer of the Petition be granted provided the 
said John Black do give Bond to the Treasurer of this State in the 
Sum of One Thousand pounds himself Principal with Two Sureties 
in the Sum of Five hundred pounds each, before two Justices of 
the Peace of Worcester quorum unus on Condition that he goes not 
off his Farm, Sabbath days excepted and then only to attend 
public Worship and on Condition of his keeping the Peace and 
being of good behaviour during the present War with Great 
Britain and particularly that he shall speak or do nothing to the 
prejudice of the United American States and the Contest they are 
now engaged in, & also pay the Cost and charges of this Prosecu- 
tion to be fixd by the Justices aforesaid. [Passed June 9. 



CHAPTER 26. 

RESOLVE ON THE PETITION OF JOHN CALDWELL. Legislative 

Records of the 

On the Petition of John Caldwell a Prisoner in Worcester 3o^x"4i"(2nd 
Goal praying that he may be liberated therefrom for reasons men- Mass'.'"^' 
tioned in s^ Petition Archives, 

ccxiv., 121. 



^ This date is June 4 according to Legislative Records of the Council. 



18 



Resolves, etc. — 1777-78. [Chaps. 27-29.] 



Ma33. 
Archives, 
cxxxix., 503. 



Resolved that the Prayer of the said Petition be granted Pro- 
vided the said John Caldwell do give Bond to the Treasurer of 
this State in the sum of One thousand pounds himself principal, 
with two Sureties in the sum of five hundred pounds each, before 
two Justices of the Peace of the County of Worcester Quorum 
unus on Condition that he goes not off his Farm, Sabbath days 
excepted & then only to attend public Worship, and on Condi- 
tion of his keeping the Peace & being of good Behaviour during 
the present war with Great Britain, and particularly that he shall 
speak or do nothing to the prejudice of the United American 
States & the Contest they are now engaged in, & also pay the 
costs & charges of this Prosecution to be taxed by the Justices 
aforesaid. [Passed June 9. 



CHAPTER 27. 

RESOLVE DIRECTING CAPT. WILLIAM CAMPBELL TO DELIVER 
STORES TO COMMISSARY SHEPHARD. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 29. 
Mass. 
Archives, 
ccxiv., 127. 



Resolved that Capt William Campbell late Commissary for this 
State in the Southern Department be & he hereby is directed to 
deliver to Maj Levi Shephard who is now appointed to succeed 
him in that Office all the Stores belonging to this State he has in 
his Possession, taking his Receipt therefor. [Passed June 9. 



CHAPTER 28 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 29. 
Mass. 
Archives, 
ccxiv., 124. 



RESOLVE GRANTING £800 TO CALEB DAVIS. ESQ^ 

Resolved that there be paid out of The publick Treasu"' of this 
State to Caleb Davis Esq'' The Sum of Eight hundred pounds to 
Enable him to Compleat the Building of a Vessel, agreable to an 
order of the General Court Pasd Dec'' 11*'', 1776, he to be Ac- 
countable to this Court for the Expenditure of the Same. [Passed 
June 9. 



CHAPTER 29 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 31. 
Mass. 
Archives, 
ccxiv., 125. 

Mass. 
Archives, 
ccxiv., 126, 128, 
128}^. 



RESOLVE ON THE PETITION OF ED" DAVIS & ABIGAIL HIS WIFE. 

Upon the Petition of Edward Davis of Dudley & Abigail Davis 
his Wife, praying for the Confirmation of Sundry Quit claim deeds 
made by her as Administratrix to her Dec*^ Husband Capt William 
Watson late of Oxford in the County of Worcester, & that they may 
be enabled to convey two other lots Under the like circumstances, 

Resolved that the three Quit Claim deeds given by the Said 
Abigail Davis (formerly Abigail Watson) to Alexander Campbell, 
Thomas Town & Collins Moore of Certain lands, which her in- 
testate Husband in his life time obliged himself to do, be ratified 
& confirmed as fully as tho' her Said intestate Husband had 
given them in his life time. And that the Aforesaid Edward Davis 
& Abigail Davis in their Said Capacity be & they hereby Are im- 
powercd to make & Execute good & lawful Deeds to John Camp- 
bell & Ebenezer Fisk, of two other lots of land Agreable to the 
Tenor of the obligation of the Aforesaid Cap' William Watson to 
them, which deeds shall be valid in Law to all intents & purposes. 
[Passed June 10. 



[1st Sess.] Resolves, etc. — 1777-78. 19 

CHAPTER 30. 

RESOLVE ON THE PETITION OF JONATHAN WHIPPLE. 

On the Petition of Jonathan Whipple of Westborough in the Legislative 
County of Worcester, Administrator on the Estate of his late De- coundf, °^ *^^ 
ceased Father Edwards Whipple, Praying that he may be enabled ''"''yl'-,?"'^ 
to convey to Solomon Parker of Holliston in the County of Mid- Mass.' 
dlesex the whole of the real Estate that did belong to his Said ^xlv^.ym. 
Deceased Father, Agreable to the contract made in his lifetime ^^^_ 
with the Said Solomon Parker. Archives 

Resolved that the Above nam[ed]^ Jonatha[n]^ [Whip]^ple be & •> • • 
he is her[eby impowered]^ to give a good deed, legally executed, 
of the Real Estate of his Said Deceased Father Edwards Whipple, 
to Solomon Parker Aforesaid, Agreable to the contract made 
between said Whipple & Parker, in the life time of the said Whip- 
ple, the Substance of which contract was that s'^ Parker was to 
give said Whipple three Hundred pounds for his Grist mill & 
Sawmill, & four pounds lawful money ^ Acre for his land; the 
other buildings to be flung in with the land, and that the above 
said Jonathan Whipple give Sufficient caution to the Judge of 
Probate for the County of Worcester, that the lawful interest of 
one third part of the mony arising from the aforesaid Sale shall 
be Annually paid to Sarah Whipple widow of the Dec*^ during her 
natural life, & the other two thirds (after the debts are paid) be 
divided between the legal heirs of the dec*^, & that at the reversion 
of the Dower the same shall be likewise divided, which if per- 
formed his said deed shall be good & valid to all intents & pur- 
poses, any law to the contrary notwithstanding. [Passed June 10. 



CHAPTER 31 



RESOLVE TO SUPPLY MEN DRAFTED TO SERVE IN THE CONTINEN- 
TAL ARMY, AGREEABLE TO A RESOLVE OF APRIL 20, 1777, WITH 
ARMS AND BLANKETS. 

Whereas a Number of Men were drafted from the several Com- Legislative 
panics of Militia in this State or procured in Consequence of said coundf"***^^ 
draft to serve as Soldiers in the Continental Army untill the tenth xxxvii. ('2nd 
Day of January next, agreable to a Resolve of the General Court Mass.'^*" 
of the 20^'' of April last, and no provision is made in s*^ Resolve ^^j^^^j^j 

for supplying said Soldiers so drafted or procured with Arms and ~ — - — ^ 

Blanketts Therefore AroMves, 

Resolved that the Commisary General be and hereby is directed <=cixxxiv., 42. 
to deliver each of the said Soldiers so drafted or procured to serve 
for the said Term One Fire Arm and Accoutrements, he producing 
to the Commisary General a Certificate from his Captain or Com- 
manding Officer of his being a Soldier so drafted or procured to 
serve for said Term & paying to the Commisary General for the 
said Fire Arm and accoutrements Four pounds ten shillings. 

And it is further 

Resolved, that the Board of Warr be and hereby are directed to 
deliver to the Captain or Commanding Officer of the several Com- 
panies in which said Soldiers so drafted or procured for said Term 
are arranged or inlisted, One Blanket for each of said Soldiers, 
taking said Captain or Commanding Officer's Rec' for the same, 
unless any of said Soldiers shall choose to find their own Blankets 
^ Inserted from Legislative Records of the Council. 



20 



Resol\'es, etc. — 1777-78. [Chaps. 32-35.] 



in which Case every Soldier so finding his own Blanket shall be 
allow'd therefor the Sum of Twenty four shillings which said 
sum the Board of War be and hereby are directed to pay him on 
his producing a Certificate from his Captain or Comanding Officer 
of his being furnished with a Blanket at his own Expence. 

And it is further 

Resolved that the said Commisary General be accountable to 
the General Court for the several sums of money he may receive 
for the Arms and accoutrements aforesaid. [Passed June 10. 



CHAPTER 32. 



Legislative 
Records of the 
Council, 
xxx^ai. (2nd 
part), 35. 
Mass. 
Archives, 
ccxiv., 134. 



RESOLVE ADDING CALEB DAVIS & JOHN BLISS, ESQ^«, TO THE COM- 
MITTEE FOR COMMISSIONATING RECRUITING OFFICERS. 

Resolved That Caleb Davis Esq. and John Bliss Esq"^ be added 
to the Committee for commissionating the Officers now recruiting 
men for the fifteen Battalions of Continental Troops raising in 
this State. [Passed June 10. 



CHAPTER 33. 



RESOLVE ON THE PETITION OF RICHARD DERBY, J«, & JONATHAN 
GARDNER, J^, ESQRS. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 35. 
Mass. 
Archives, 
cbcxxiii., 5*. 

Mass. 
Archives, 
cbcxxiii., 4; 
ccbcxxiv., 43. 



The Committee appointed to Consider the Petition of Richard 
Darby & Jonath" Gardner Esq" Beg leave to Report by way of a 
Resolve — 

Resolved that the Board of War give orders to deliver to said 
Darby & Gardner Four hundred Bush'" Corn they paying for the 
Same. 

In the House of Representatives 

Read and accepted. 

In Council, Read and Concurred. [Passed June 10. 



CHAPTER 34 



APPOINTMENT OF MOSES LITTLE, ESQ«, AS A BRIGADIER GENERAL 
IN THE EXPEDITION TO ST. JOHNS RIVER, NOVA SCOTIA. 



Lejrislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 36. 
Mass. 
Archives, 
ccxiv., 132. 



In the House of Representatives 
The House made choice by ballot of Moses Little Esq' as a 
Brigadier General to command and direct in the Expedition to the 
River S* Johns in Nova Scotia. 
In Council 
Read & Concurred. [Passed June 10. 



CHAPTER 35. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 36. 
Mass. 
Archives, 
ccxiv., 135. 



RESOLVE ON THE PETITION OF ANDREW BAKER. 

On the Petition of Andrew Baker setting forth that he was 
wounded on board the Brig Independence in an Engagement the 
25*'' November last, therefore praying relief from the Court. 



[1st Sess.] Resolves, etc. — 1777-78. 21 

Resolved That [there be allow'd]^ and paid to the Petitioner out ^^jfy^gg 
of the Public Treasury of this State the Sum of forty shillings per ccxiv., 136. 
month during the Term of one Year from the 19'^'' Day of April 
1777 — And also Ration money as is allowed to the Continental 
Soldiers, during the Term of six months from the 19^'' of April 
aforesaid. [Passed June 11. 



CHAPTER 36. 

APPOINTMENT OF CAPT. JOHN POPKIN AS MAJOR IN COL*' 
GREATON'S REGIMENT. 

In the House of Representatives Legislative 

The House appointed Cap* John Popkin as a Major of the Regi- coundr^*^^ 
ment, under the command of Coll. Greaton, in the room of Major '^rti'^^f'^'^ 
Williams deceas'd. Mass.' 

In Council ^xlvjilb. 

Read & Concurred. [Passed June 11. 



CHAPTER 37. 

APPOINTMENT OF MAJOR EZRA NEWHALL AS LIEUT. COLONEL IN 
COLO PUTNAM'S REGIMENT. 

In the House of Representatives R^lords'of the 

The House appointed Major Ezra Newhall as Lieut. Colonel of Council 
Coll Putnams Regiment, in the room of Lieut. Colonel Farrington, F«,rt)!'4o. 
who has lately been removed from his Office. Archives 

In Council ccxiv., u'o. 

Read & Concurred. [Passed Jujie 11. 



CHAPTER 38. 

APPOINTMENT OF CAPT. JOHN PORTER AS MAJOR IN COL« WIGGLES- 
WORTH'S REGIMENT. 

In the House of Representatives Legislative 

The House appointed Cap* John Porter as a Major of the Regi- Councif," 
ment under the command of Coll Wigglesworth, in the room of ^rt)"'4h°'^ 
Major Cranson, deceas'd. Mass.' 

T /-! •! Archives, 

In Council ccxiv., hi. 



Read & Concurred. [Passed June 11. 



CHAPTER 39. 

RESOLVE IMPOWERING BRIG. GEN. LITTLE AND THE FIELD OFFI- Legislative 
CERS TO APPOINT WARRANT OFFICERS OF THE REGIMENT TO Records of the 
BE RAISED. Council 

xxxvii. {2nd 
part), 41. 

Resolved, That Brigadier Generall Little & the Field Officers of Sves, 
the Regiment to be raised for an Expedition to S* Johns River &c ccxiv.. 142. 
be impower'd to appoint the warrant officers for said Regiment, 
any Act or Resolve of this State notwithstanding. [Passed June 11. 
1 Inserted from Legislative Records of the Council. 



22 



Resom'es, etc. — 1777-78. [Chaps. 40-43.] 



CHAPTER 40. 

APPOINTMENT OF DAN^- CLAP AS COMMISSARY OF THE REGIMENT 
TO BE RAISED IN CUMBERLAND AND LINCOLN COUNTIES. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 41. 
Mass. 
Archives, 
ccxiv., 137. 



In the House of Representatives 
The House made choice of Major Daniel Clap as a Commissary 
for the Regiment to be raised in the Counties of Cumberland and 
Lincoln, for the Expedition to the River S*^ Johns in Nova Scotia. 
In Council 
Read & Concurred. [Passed June 11. 



CHAPTER 41 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 42. 
Mass. 
Archives, 
ccxiv., 138. 



RESOLVE DIRECTING RICH'' DEVENS, ESQ«, TO DELIVER INTO THE 
SECRETARY'S OFFICE RECORDS AND PAPERS OF THE COMMITTEE 
OF SAFETY. 

Resolved That Richard Deavons Esq'', be and he hereby is, di- 
rected to deliver into the Secretaries office, all the records, and 
papers, of the Committee of Safety, that he now has in his hands, 
or under his Care. [Passed June 11. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 38. 
Mass. 
Archives, 
clxxxii., 294. 

Mass. 
Archives, 
clxxxii., 293. 
Legislative 
Records of the 
Council, 
xxxii., 190, 191, 
279. 



CHAPTER 42. 

RESOLVE ON THE PETITION OF WILLIAM GORDON, 

Resolved That William Gordon Clerk be permitted to file a Clame 
at the Next Superior Court to be held in the County of Essex for 
& in behalf of Joseph Parker 0[w]ner of a Vessel mentioned in s*^ 
Gordon's Petition, & that he may then & there be heard by Coun- 
cil as though he had filed his clame in Usual Manner and form, 
Provided said Gordon serve Doct"^ Calef or his attorney with an 
attested Copy of this Resolve two Days before the setting of said 
Court & should the said Vessel be decreed to be the Property of 
any Inhabitant of Great Britain — 

Resolved the said Court be directed to order s^ Vessel so decreed 
into the hands of the Agents for the middle District of this State 
there to continue 'till the further order of this Court. [Passed 
June 12} 



CHAPTER 43. 



RESOLVE GRANTING £7. 12/ TO EBENEZER COBB AND BARNABAS 

HOLMES. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 45. 



Resolved That there be paid out of the Treasury of this State 
Seven p''^ twelve Shillings to Ebenezer Cobb and Barnabus Holmes 
in full for their Guns and accoutrements they lost in passing from 
the Gurnet to Plymouth. [Passed June 12. 

1 This date is June 11 according to Legislative Records of the Council. 



[1st Sess.] Resolves, etc. — 1777-78. 23 



CHAPTER 44. 

APPOINTMENT OF JON* ALLEN AS MAJOR IN COL^ PUTNAM'S REG- Legislative 

I M ENT. Records of the 

Council, 
xxxvii. (2nd 

In the House of Representatives MasI'^^' 

The House made choice, by ballot, of Cap* Jonathan Allen, as a Archives, 

Major of Coll Putnams Regiment, in the room of Ezra Newhall .^^^ — : 

who is promoted. 

In Council Read & Concurred. [Passed June 12. 



CHAPTER 45. 

RESOLVE ON THE PETITION OF SAMUEL TUFTS PERMITTING DANi- 
CORNEY TO CARRY PROVISIONS AMOUNTING IN VALUE TO THE 
SUM EXPENDED IN BRINGING CERTAIN PASSENGERS FROM HALI- 
FAX. 

Resolved That Daniel Corney who lately arrived at Newbury Legislative 
Port from Hallifax, and brought with him Passengers, Captains coundi! °^ *^^ 
Jonathan Payson, Habakkuk Bowditch, Andrew Millet and '^^^^i'-^f"'^ 
Charles Callahan, be permitted to carry with him from said New- Mass.' 
bury Port, so much Provisions (and no more) as will amount in ^cx^v.^isi- 
value to the Sums agreed by the said Passengers to be paid him '^j[^_ 
for their Passages — And that the Committee of Correspondence Archives 
&c of [Ne]wbury Port see this Resolve duly executed. [Passed " ' 
June 12. 



CHAPTER 46. 

RESOLVE ON THE PETITION OF SAM^- LUMBER AND NATH^- STEVENS. 

Resolved that the Pititioners be paid out of the Treasury of this Legislative 
State the following sums Viz. to said Samuel Lumber five pounds councif,° 
ten Shillings & to Nath" Stephens Three pounds fourteen Shillings ^rt)"47^°'* 
and ten pence, in full for Wages due to them as Seamen on board Mass.' 
the Schooner Lion in the Service of this State from the Time they ccxlv.yfl'e. 



entered on board s^ Schooner untill they were taken by the Mass. 
Enemy at Eleven Dollers p' month. [Passed June 12. Archives, 



ccxiv., 147-150. 



CHAPTER 47. 

APPOINTMENT OF FIELD OFFICERS OF THE REGIMENT TO BE RAISED 
FOR THE EXPEDITION TO THE RIVER ST. JOHNS. 

In the House of Representatives 
The House made choice by ballot of the following Gentlemen, as Legislative 
Field Officers of the Regiment to be raised in the Counties of Cum- coundr^*^^ 
berland and Lincoln for the Expedition to the River S' Johns in ''^^f'lf '^'^ 

Nova Scotia viz Mass.' 

Archives, 
Sam' McCobb ........ Colonel ccxiv., 143. 

Dudley Coleman ........ Lieut Colonel 

James Minot ........ Major 

In Council 
Read & Concurred. [Passed June 13.^ 

^ This date is June 11 according to Legislative Records of the Council. 



24 



Resolves, etc. — 1777-78. [Chaps. 48-50.] 



CHAPTER 48 



Leeislative 
Records of the 
Council, 
sxxvii. (2nd 
part), 49. 
Mass. 
Archives, 
ccxiv., 153. 

Mass. 
Archives, 
ccxiv., 154. 



RESOLVE ON THE PETITION OF JONATHAN HALE AND DAVID BURT. 

On the Petition of Jonathan Hale and David Burt Relating to 
their Powder Mill in Springfield, that was by some accident Blown 
up as sett forth in said Petition — 

Resolved that whereas the Article of Gun Powder in the Present 
War and for furnishing the Militia in this State according to the 
Militia Act with Powder, is very Necessary, therefore for the in- 
couragement of rebuilding said Mill that there be paid out of the 
Publick Treasury of this State to the Petitioners the sum of Sixty 
Pounds, the better to inable them to rebuild said Mill, Provided 
they do it to Effect to make Powder as usuall before the same 
was Blown up att or before the twelfth Day of December next. 
[Passed June 13. 



CHAPTER 49 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 50. 
Mass. 
Arcliives, 
ccxiv., 155. 

Mass. 
Archives, 
ccxiv., 156, 162; 
cclxxxiv., 44. 



RESOLVE ON THE PETITION OF COL. ABRAHAM P. LOTT EMPOWER- 
ING THE BOARD OF WAR TO SUPPLY THE STATE OF NEW YORK 
WITH FIFTEEN HUNDRED BUSHELS OF SALT. 

Resolved that the Board of War be and they hereby are directed 
to purchase of the Captors who may have been employed in any 
Vessels of War belonging to this State or of their agents all the 
Salt on Board any Prizes belonging to this State, except what the 
said Captors may Want for their own Use, and the said Board of 
War are hereby directed to sell fifteen hundred Bushels of said 
Salt to Col' Abra" P Lott, for the Use of the State of New York 
he the said Abra™ paying therefor either in Money or Flour ac- 
cording to the Discretion of the said Board. [Passed June 13. 



CHAPTER 50 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 51. 
Mass. 
Archives, 
ccxiv., 159. 

Mass. 
Archives, 
ccxiv., 160, 161. 



RESOLVE FOR DELIVERING A QUANTITY OF SALT TO THE SELECT- 
MEN OF THE INTERIOR TOWNS. 

Whereas there is great Need of Salt in some of the interior 
Towns of this State and there being a considerable Quantity 
thereof belonging to this State viz about 2,000 Bushels at New- 
bury Port and Bradford and about 7,500 Bushels in Boston — 
Therefor 

Resolved that the Select Men of the several Towns hereafter 
mentioned may have delivered to them or their Order the several 
Quantities of Salt annexed to the Names of their respective Towns, 
they paying therefor at the Rate of ten Shillings a Bushel pro- 
vided they send for the same on or before the 13"" Day of august 
next, the Selectmen of the said Towns being desired to distribute 
the same in small Quantities according to the Necessity of their 
Inhabitants, and the Agents and Committe of Sequestration of 
this State are hereby directed to deliver to the Select Men of the 
several Towns hereafter mentioned, or to their Order the several 
Quantities thereof to the Names of their respective Towns affixed, 
they paying therefor at the Price of Ten Shillings a Bushel, pro- 
vided they apply for the same on or before the Time aforemen- 
tion'd, the said Agents and Committe to be accountable to this 
Court for any Money they may receive therefor, and the Agents 
and Committe aforesaid are hereby directed to sell all the public 



[1st Sess. 



Resolves, etc. — 1777-78. 



25 



Salt that may remain in their Hands after the Time aforesaid in 
small Quantities to the Inhabitants of this State, excepting what 
the Board of War and Commissary general for this State may 
think necessary to be reserved for public Use, and the Towns here- 
after mentioned in the County of Worcester are directed to receive 
their part of said Salt at Newbury Port or Bradford viz. Pitts- 
burgh, Harvard, Ashburnham, Leominster, Lunenburgh and Win- 
chendon and the Towns mentioned in the Counties of Middlesex 
& Essex — also 

Resolved that the abovesaid Resolve and the annexed List be 
published in the Boston News Papers for the Information of the 
Towns mentioned therein. 



County of Suffolk. 











Bushels. 




Bushels. 


Wrentham . . . .100 


Medway .... 


54 


Needham 








54 


Bellingham 


37 


Medfield . 








44 








Stoughtonham 








75 




421 


Walpole . 




: 57 






County of 


Middlesex. 




Bushels. 




Bushela. 


Chelmsford .... 80 


Ashby .... 


25 


Wilmington 








44 


Pepperell .... 


62 


Billerica . 








80 


Shirley .... 


42 


Acton 








45 


Westford .... 


71 


Bedford . 








24 


Dunstable 


39 


Tewksbury 








49 


Hopkinton 


68 


Littleton . 








62 


Framingham 


94 


Groton 








98 


Sherburne 


42 


Dracut 








70 


Holliston .... 


54 


Stow 








54 


Sudbury .... 


80 


Marlborough 








80 








Concord . 








75 




1,385 


Townsend 








47 






County of 


Hampshire. 




Bushels. 




Bushels. 


Springfield . . . .118 


Worthington 


38 


West Springfield 






104 


Palmer .... 


44 


Granville . 






67 


Monson .... 


48 


Wilbraham 








63 


Merryfield 


15 


Hadley 








40 


Ashfield .... 


38 


Amherst . 








54 


Whately .... 


24 


Sunderland 








24 


Bernardston 


36 


Leverett . 








18 


Northampton . 


107 


Conway . 








54 


South wick 


30 


Northfield 








34 


Ludlow .... 


24 


Murrayfield 








24 


West field .... 


89 


Williamsburg 








32 


Greenwich 


53 


South Brimfield 








51 


Blandford 


46 


Montague 








34 


N° 7 and 8, Hatfield Equivalent 


12 


Brimfield . 








62 


Norwich .... 


12 


Greenfield 








44 


Granby .... 


29 


Pelham 








44 


Athol .... 


52 


Belchertown 








58 


Shutesbury 


36 


Hatfield . 








34 


Shelburne 


34 


Southampton 








44 


New Salem 


54 


South Hadley 








35 


Colrain .... 


33 


Chesterfield 








65 


Ware .... 


30 


Deerfield . 
Warwick . 








50 












46 




2,083 


County 


3F Essex. 




Bushels. 




Bushela. 


Andover . . . . .100 


Methuen .... 


79 


Boxford 59 






Middleton .... 39 




277 


County o 


F Bristol. 




Bushels. 




Bushels. 


Taunton 150 


Raynham 


56 


Norton 


^ 




79 


Mansfield 


56 


Dighton . 


. 




85 






Rehoboth 


^ 




200 




726 


Attleborough 








100 







26 



IIesol\'es, etc. — 1777-78. 



[Chap. 51.1 



Abington . 
Bridgewater 



County of Plymouth. 



Bushels. 

70 

. 261 



Middleborough 



Bushels. 

247 

578 



County of Worcester. 











Bushels. 










Bushels. 


Worcester . . . .115 


Hardwick .... 83 


Brookfield 








. 159 


Royalston 








36 


Templeton 








60 


Grafton . 








51 


Lancaster 






, 


. 164 


Mendon . 








. 139 


Holden 








45 


Sturbridge 








82 


Douglas . 








48 


Ashburnham 








33 


Sutton 








. 158 


Upton 








42 


Princeton . 








42 


Bar re 








80 


Leicester . 








60 


Hubbardston 








29 


Dudley 








52 


Bolton 








72 


Western . 








50 


Oxford . 








6& 


Westborough 








54 


Northbridge 








28 


Uxbridge . 








66 


Leominster 








58 


Spencer 








62 


Southborough 








45 


Petersham 








74 


New Braintree 








48 


Westminster 








68 


Lunenburg 








75 


Charlton . 








78 


Winchendon 








31 


Oakham . 








36 


Northborough 








33 


Rutland . 








60 


Paxton 








30 


Shrewsbury 
Fitchburg 








86 
38 










2,714 


Harvard . 








78 




County of 


Berkshire. 


Bushels. 


Bushels. 


Sheffield 103 


Alford 18 


Great Harrington 






57 


Tyringham 








48 


Stockbridge 






54 


Williamstown . 








65 


Richmond 






55 


Partridgefield . 








20 


Loudon 






12 


Gageborough 








27 


East Hoosuck . 






56 


New Providence 






20 


Lanesborough . 






86 


Taconnick Mountain 






15 


Hartwood 






34 


West Stockbridge 






22 


New Marlborough 






65 


Lenox 






56 


Sandisfield 






62 


Hancock . 






58 


Egremont 






40 


Becket 






24 


N" 5 Plantation 
New Ashford 






26 
13 








1,104 


Pittsfield . 






68 




[Passed June 


13. 















Mass. 
Archives, 
ccxiv., 158. 



CHAPTER 51. 

RESOLVE DIRECTING ALL PERSONS WHO HAD RECEIVED BEATING 
ORDERS TO MAKE RETURNS OF THE MEN THAT HAD ENLISTED 
INTO THE CONTINENTAL ARMY. 

Resolved 

That All persons who have received beating Orders in this 
State for the Inlisting men into the Continental Army and are 
not Cominisioned, make return of the men they have thus Inlisted 
on or before the thirtieth day of this Instant June unto the Com- 
mittee (appointed to Commission the officers of the Fifteen Bat- 
tallions in the Continental Army raised in this State) at the 
Court House in Boston, Otherwise they will be debard receiving 
the Commissions they would by Virtue of Such Orders be In- 
titled to, any Resolve of this Court to the Contrary Notwith- 
standing. [Passed June 13. 



[1st Sess.] Resolves, etc. — 1777-78. 27 



CHAPTER 52. 

RESOLVE FOR RAISING MEN OUT OF THE MILITIA REGIMENTS OF 
SUFFOLK, WORCESTER AND MIDDLESEX COUNTIES TO SERVE AS 
GUARDS. 

The Committee of both Houses appointed to take under Con- Legislative 
sideration a Letter from Gen^ Heath of the W May, and to c^o^Sndi! °^ ^''^ 
report what is best to be done thereon beg leave to Report by ^tf^g^"** 
way of Resolve: Mass.' 

Resolved that the Stores belonging to the united States which are ccxiv.yieV. 
deposited in Severall Towns in this State, be & they are hereby ^asa. 
ordered to be Imediately guarded & secured against the Machina- ^x^^-^^ios- 
tions of our Secrett as well as open Enemys, And whereas Gen^ ccxiv.,''i64-i68. 
Heath by his Letter afores*^ has Signified to this Court the Neces- 
sity thereof, and that any draft ordered for that purpose from the 
Regim*^ of Militia will be subsisted & paid by the United States — 

It is further 

Resolved That there be raised out of the Militia of the 

Severall Regiments in the Countys of Suffolk Worcester & Mid- 
dlesex so many Men as are Sufficient for that purpose Viz*^ — and 
it is further 

Resolved that One Captain & two Subalterns be appointed & 
Commissioned to Command the aforesaid Guards for which they 
shall be allowed the pay & Subsistence of the Continental army, 
and the said captain & Subalterns shall Constantly Visitt the 
Severall Guards & observe & Enquire, whether they are Vigilant, 
& whether any abuses have been Committed & report weekly to 
Maj' General Heath or to the Commanding Officer; the said 
Guards to do duty during the Term of Six Months from the time 
of their Lilistment unless sooner Discharged. 

And it is further 

Resolved that one Captain & two Lieuten*^ with Fifty men be 
appointed for Each of the aforesaid Stores or Magizenes, who 
shall upon any Alarm Insurrection or Invasion be always ready 
Equipt with a good Firelock Bayonet Pouch & Twenty four 
Rounds of Powder & Ball, to march Imediately to the aforesaid 
Towns as the Post assigned to them upon an Alarm Invasion or 
Insurrection for the secui'ity & defence of the said Stores or Magi- 
zenes — And the Severall Brigadiers in the aforesaid Countys of 
Suffolk Worcester and Middlesex are ordered & directed to 
Issue their orders to the proper officers in their severall Brigades 
to raise the Men for the Guards in the Towns aforesaid; And 
also to appoint Fifty Men in the Towns Contiguous to the Sev- 
erall Magazins, who shall upon an Alarm Immediately March to 
the places Assigned them, and there Continue untill discharged by 
their Commanding Officers. 

And it is further 

Resolved, that a Committee be appointed to hire a Sufficient 
Number of Teams from any of the Interior parts of this State, 
in order that the Stores belonging to the United States may be 
Transported as Gen^ Heath shall order & direct; And that the said 
Committee be & they are hereby Impowered & directed to Obtain 
such Teams upon the best terms they can, & take effectuall care 
that the Stores aforesaid are Lodged in some Secure place agree- 
able to the orders they may receive from Gen' Heath. 
In the House of Representatives 

Read and accepted. 
In Council 

Read and concurred. [Passed June 14-^ 

1 This date is June 11 according to Legislative Records of the Council. 



28 



Resolves, etc. — 1777-78. [Chaps. 53, 54.] 



CHAPTER 53. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 54. 
Mass. 
Archives, 
ccxiv., 171. 

Mass. 
Archives, 
ccxiv., 169, 170. 



RESOLVE DIRECTING THE SHERIFFS OF THE SEVERAL COUNTIES 
TO MAKE RETURN OF THEIR PRISONERS. 

Resolved That the Sheriffs of the several Counties within this 
State, be directed to make return to the Hon. Council as soon as 
may be, of all the Prisoners within their respective Counties, with 
the particular places where confined, their Names, Rank, and to 
what Corps they belong; And that said Sheriffs call upon the 
Committees and others in the several Towns, forthwith to ex- 
hibit their Accounts of Expences, in favour of said Prisoners yet 
due; And that Jonas Dix and Thomas Crane Esq" be & hereby are 
appointed a Committee to examine all such Accounts of Expences 
and Disbursements already paid by this State in favour of said 
Prisoners, & prepare an Account of the same, to be immediately 
transmitted to the Commissary General of Prisoners at Head 
Quarters, with the several proper authenticated Vouchers of the 
same. [Passed June 14- 



CHAPTER 54. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 48. 
Mass. 
Archives, 
ccxiv., 177. 



RESOLVE RELATIVE TO EXECUTIONS ON JUDGMENTS OBTAINED 
BEFORE APRIL 19, 1775. 

Whereas during the late suspension of the courts of Justice in 
this State many Persons, who had regularly obtained Judgments 
therein, have not had the same satisfyed, and much expence and 
delay will arise unless some special provision is made in that 
behalf — 

It is therefore 

Resolved that any creditor that on the 19'^ day of april 1775 
or in Six months after that Time was by Law entitled to sue out a 
Writ of Execution, an alias or plures, on any Judgment given in 
the Superiour Court of Judicature court of assize and General 
Goal delivery, or in any Inferiour Court of common Pleas in this 
State, before the said 19*^^ day of april 1775, and the same Judg- 
ment yet remains in force and unsatisfyed, may sue out Execution 
on the same Judgment for the Sum yet remaining due & unpaid, 
at any Time before the P* day of January next any Law usage or 
custom to the Contrary notwithstanding. Provided always that 
any creditor his or her agent or attorney, before sueing out Execu- 
tion as aforesaid (in case the Sum for which Execution Issues is 
under Fifteen Pounds) shall make Oath before the clerk of the 
Court where Judgment was rendred or before some Justice of the 
Peace, & file a certificate thereof with such clerk, that the Person 
or Persons against whom Execution is requested, is not to his or 
her Knowledge retained as a Soldier or Seaman in the Service 
of the united States or any of them. [Passed June 16} 

1 This date is June 13 according to Legislative Records of the Council. 



;isT Sess.] Resolves, etc. — 1777-78. 29 



CHAPTER 55. 

EESOLVE FOR PRINTING COPIES OF THE RESOLVES DAILY AS THEY 

ARE PASSED. 

Whereas it is expedient that each member of this Court as Legislative 
well as each town in this State be furnished With a Copy of the council, 
Resolves of s'' Court as soon as possible after they have passed ^l^^'^f^^'^ 
the same, therefore Mass. 

Resolved That the Secretary be and he is hereby directed to make ccxiv., 173. 
out a Copy of each Resolve as soon as it has passed the General Mass. 
assembly, and deliver the same immediately to the printer who ^xlv^^m. 
shall be employed to print one Copy for each member of both Legislative 
Houses, two for the Secretary & Clerk of the House & one for each council, 
town in this State, and that M"" Partridge M' Freeman the Clerk ^^.^^zi!"^ 
& M'' Pickering be a Comm*® to agree with some printer to print 
s*^ Resolves daily as they shall be delivered to him by the Secretary, 
and the Clerk of the House is directed to omit inserting s*^ Re- 
solves at large in the Journals of the House which are hereby 
ordered to be printed & s'^ Comm®® are hereby directed to contract 
with some printer to print s*^ Journals, correct the press and see 
that the s^ Resolves & Journals be printed without delay. [Passed 
June 16. 



CHAPTER 56. 

APPOINTMENT OF FIELD OFFICERS OF THE SIXTH REGIMENT IN 
WORCESTER COUNTY. 

In the House of Representatives Legislative 

The House made choice by ballot of the following Gentlemen Council, 

as Feild Officers for the sixth Regiment of Militia in the County part)"'56"'^*^ 
of Worcester viz Mass.' 

Archives, 

Job Gushing Colonel ''°^^- ^^^- 

Moses Wheelock ........ Lieut Colonel 

Ezra Bemon ......... first Major 

Jonathan Champney ....... second Major 

In Council 
Read & Concurred. [Passed June 16. 



CHAPTER 57. 

RESOLVE ON THE PETITION OF NATHANIEL JENISON. 

On the Petition of Nathaniel Jenison of Barre in the County of ^re^Ves 
Worcester ccxiv., n's. 



Resolved that the said Nathaniel Jenison be and hereby is per- Mass. 
mitted to carry Three Hogsheads of Rum & two Hogsheads of ^x^v.^m. 
Sugar from this State to the State of Connecticut to exchange for 
flax. [Passed June 16. 



30 



Resolves, etc. — 1777-78. [Chaps. 58-61.] 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 57. 
Mass. 
.\rc hives, 
clxxxiii., 17. 

Mass. 
Archives, 
clxxidii., 16. 



CHAPTER 58. 

RESOLVE ON THE PETITION OF BENJAMIN CHUBB. 

Resolved, That there be paid out of the Treasury of this State 
the Sum of Fifteen pounds to Benjamin Chubb, a Pensioner on 
this State, being the Amount of his Pension from the Year 1774 
to the present time, the Payment of which having been suspended 
during that term as is set forth in the Petition of said Chubb. 
[Passed June 17. 



CHAPTER 59 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 59. 
Mass. 
Archives, 
ccxiv., 185. 

Mass. 
Archives, 
ccxiv., 186. 



RESOLVE ON THE PETITION OF THE SELECTMEN OF CHELSEA. 

On the Petition of the Selectmen of y^ Town of Chelsea pray- 
ing that they may be supplied with a quantity of Flints & Bullets 
for the use of y® militia of said Town — 

Resolved that the Prayer of the Petition be granted, & that the 
Selectmen of the s'' Town of Chelsea be supplied from the Commis- 
sary Generals Store with Five hundred Flints and One hundred 
weight of Bullets for the use of said Town, they paying for the 
same. [Passed June 17. 



CHAPTER 60 



Legislative 
Records of the 
Council, 
xxx\^i. (2nd 
part), 60. 
Mass. 
Archives, 
ccxiv., 189. 

Mass. 
Archives, 
ccxiv., 190. 



RESOLVE ON THE PETITION OF MARTIN BRIMMER. 

The Committee of both Houses to whom was referred the Peti- 
tion of Martin Brimmer have considered the Same & beg leave to 
report the following Resolve 
Which is Submitted — 

Resolved that the Committee of Sequestration of the Town of 
Boston be, & are hereby directed to deliver to Martin Brimmer, 
who has been duly appointed by the Judge of Probate for the 
County of Suffolk, Agent on the Estate of Thomas Apthorp, all 
the Goods & Effects of the S*^ Thomas which are now in their 
hands or under their care, any Resolve of the General Assembly to 
the contrary notwithstanding. 
In Council 

Read & Accepted 

In the House of Representatives 

Read & concurred. [Passed June 17. 



CHAPTER 61 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 62. 
Mass. 
Archives, 
ccxiv., 187. 

Mass. 
Archives, 
ccxiv., 188. 



RESOLVE ON THE PETITION OF BENJAMIN GARFIELD AND MALACHI 

MARBLE. 

On the Petition of Benjamin Garfield and Malachi Marble 
representing that they have been obliged to give a greater price 
for Beef to supply the Hon. Board of War than was agreed upon 
in their Contract, and praying for relief. 

Resolved that the Board of War be and hereby are impowered 
to make the said Benjamin Garfield and Malachi Marble such 
allowance as to them shall appear just and reasonable. [Passed 
June 17. 



[1st Sess.] Resolves, etc. — 1777-78. 31 



CHAPTER 62. 

RESOLVE DIRECTING THE COMMISSARY GENERAL TO SELL CER- 
TAIN SMALL ARMS. 

Resolved that the Commasary General, be & he hereby is Legislative 
directed to make sail of all the small Arms Belonging to this coundf,° * ^ 
state, under his immedate care, that are not fit for present use, ''j^^j'g^g^'^'^ 
for the most they will fetch according to their Different Quallity, Mass.' 
to the Inhabitants of the several Towns in this State, they Pay- ^cxivTm. 
ing the cash for the same, the commissary to be accountable to 
this Court for the money he shall so receive. [Passed June 17. 



CHAPTER 63. 

RESOLVE ON THE PETITION OF BENJAMIN DAY AND OTHERS TO 
FORM TWO COMPANIES IN THE FIRST PARISH IN WEST SPRING- 
FIELD. 

Resolved That the first Parish in West Springfield be formed into Legislative 
two Companies (except so many in the northerly Company as shall councif," 
by the last Day of July next enter their Names with the Clerk of ^^^^'^^^^ 
the Company at Ireland so called), and those whose Names shall Mass.' 
be voluntarily entered with the Clerk of the Company at Ireland ccxlv.ym. 
as aforesaid shall be considered as belonging to the Company last y[^_ 
mentioned, and do Duty accordingly, and it is Arcjuves, 

cj' c ' CCXIV. loU~ 

Ordered that the said northerly Company shall take Rank as the i82a.'' 
Field Officers of the Regiment to which it belongs shall direct. 

[Passed June 18.^ 

CHAPTER 64. 

ORDER APPOINTING JAMES MINOT AS LIEUT. COLONEL AND GEORGE 
STILLMAN AS MAJOR OF THE REGIMENT TO BE RAISED FOR THE 
' EXPEDITION TO ST. JOHNS RIVER. 

The Com''^'' of both Houses appointed to consider what is Mass. 
further necessarey to be done in order to carry into execution the ccxiv!yi99. 
Expedition to S*^ Johns River in Nova-Scotia, Report as their Mass. 

opinion. Archives 

mi T • t /'I in 1 • • 111 • 1 y-i r> CCXIV., 183, lo4. 

inat a Lieu' Cor being appointed belonging to the County oi 
Essex, where no men are to be raised, is a mistaken measure, & 
that the Field officers ought to be appointed from those parts 
from which it is expected the Men will be raised; Therefore it is 
humbly proposed. That the appointment of Dudley Coleman for a 
Lieu' Colonel be re-considered, & that James Minot be appointed 
in his room; & that George Stillman of Machias be appointed 
Major. All which is humbly submitted; & the Com'^® ask leave to 
sit again t t, jr 

In Council J- ^^^^^^ ^ «^^ 

Read & Accepted & thereupon 

Ordered that the Appointment of Dudley Coleman as Lieu' CoP 
be reconsidered and that James Minot be & hereby is appointed 
Lieu' Col° in his Room, and that George Stillman of Machias be 
& hereby is appointed Major for the Reg' to be raised to carry 
into Execution the Expedition to S' Johns River in Nova Scotia. 
In the House of Representatives 

Read & concurred. [Passed June 18. 

1 This date is June 17 according to Legislative Records of the Council. 



32 



Resolves, etc. — 17 



[Chap. 65.] 



CHAPTER 65. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 64. 
Mass. 
Archives, 
ccxiv., 204. 



RESOLVE RELATIVE TO ENLISTING MEN FOR THE REGIMENT TO 
BE RAISED FOR THE EXPEDITION TO S^ JOHNS RIVER. 

The Com''^^ of both Houses appointed to consider what further 
measures are to be taken in order to carry into effect the Expedi- 
tion to S' Johns River in Nova-Scotia, ask leave to report the fol- 
lowing Resolves, & ask leave to sit again. 

J: Palmer p> ord' 

Whereas doubts have arisen whether the Counties of Lincoln & 
Cumberland in this State, can conveniently spare a sufficient 
number of their Inhabitants to furnish immediately a full Regi- 
ment for an Expedition to S' Johns River in Nova-Scotia; & also, 
whether continental pay alone will be sufficient encouragement for 
expeditiously raising the Men; therefore 

Resolved, That the Officers appointed, or who shall be ap- 
pointed to raise men within the Counties of Lincoln & Cumber- 
land for a Regiment to be employed in s'^ Expedition, Shall also 
have liberty to inlist any able-bodied men, who may be found 
willing, within the County of York, as well as within the said 
Counties of Lincoln & Cumberland; any Resolve to the contrary 
notwithstanding. 

And whereas the State of New-Hampshire will be greatly bene- 
fited by the Success of the said Expedition; Therefore 

Resolved, That a Letter be immediately Sent to the State of 
New-Hampshire, Signed by the President of the Council, & en- 
closeing Copies of the Resolves relative to said Expedition, de- 
siring their aid therein, by permiting the Inhabitants of that 
State to inlist into the aforesaid Regiment, or in such other way 
as they may judge most proper. 

Also 

Resolved, That there be a Bounty of Six Pounds, & a Blanket, 
paid unto each non-commissioned officer & Private Soldier who 
shall inlist into the aforesaid Regiment; or into that Regiment 
which may be raised within the Province of Nova-Scotia, agreeable 
to Resolves of the 7"" Ins'; or who shall inlist into the Company of 
Matrosses who shall go upon said Expedition: said Bounties to be 
paid by the several Muster-Masters of these Forces. 

Also 

Resolved, That Coll John Wait & Cap' Stephen Smith shall be 
the Muster-Masters, to pass all able-bodied men who shall inlist 
agreeable to said Resolves, & to pay the aforesaid Bounties 
agreeable to such Instructions as may be ordered by the Council 
in conformity to these Resolves. 

And whereas the success of this Expedition, under God, de- 
pends very much upon its being vigorously carried into execution 
before the"^ Enemy shall have planted themselves strong upon that 
River; therefore 

Resolved, That Cap' Stephen Smith at Mechias, receive all such 
Provisions & Military Stores as the Board of war may send; & 
who are hereby directed to forward to that Post all such Military 
& other Stores as they may judge necessary for this Expedition. 
The said Stephen Smith to be accountable for all Stores put into 
his Hands: 

Also 

Resolved, That the Bounties to the Matrosses who shall inlist 
for this service, shall be paid by the Muster-Master in Boston, 
or by order from the Board of War 



[1st Sess.] Resolves, etc. — 1777-78. 33 

Also 

Resolved That the Council be desired to furnish forthwith the 
Muster Masters abovementioned with Such Sums of Money as 
they shall Judge necessary for the payment of the Bounties above- 
mentioned. 

In the House of Representatives 
Read and pass'd 

In Council 
Read & Concurred. [Passed June 18. 



CHAPTER 66. 

RESOLVE DIRECTING COMMISSARIES TO SELL SLOPS, ETC.. ONLY 
IN SMALL QUANTITIES. 

Resolved that the Comissaries appointed in behalf of this State to Legislative 
take charge of all slops, stores, etc., and them to sell to the officers counpif,*' ° 
and soldiers in that parte of the army belonging to this State, be ^t)"'65^°'^ 
and hearby are directed to sell said stores in small quantities as Mass.' 
said Comissaries shall judge nasarey for the Comfort of said offer- ccxiv.yiob. 
sers and soldiers and No More, and said Comissaries are impowred 
to appoint more than one Deputy if necessary & not exceeding three. 
[Passed June IS. 

CHAPTER 67. 

RESOLVE DIRECTING THE COMMISSARY GENERAL TO DELIVER Legislative 
FIRE ARMS, ETC., TO MEN BELONGING TO CAP^ MOSES KNAPP'S Records of the 
^.-^•»»-r. » ■K.T-.7- Council, 

COMPANY. xxxvii. (2nd 

part), 66. 

Whereas a detachment of drafted men with Cap' Knap are Ardbives, 
destitute of fire arms — ccxiv., 201. 

Resolved that the Commissary General be & he hereby is directed Mass. 
to deliver each of the Soldiers afs'd, one effective fire arm and ccxiv., 202. 
accoutrements, the commanding officer of the Company they R^ords'ofthe 
belong to now present giving his receipt for the same: and En- Council, 
gageing to apply to the commissary general in the Continental ^t)'38' 
army for a receipt for said arms to be returned to the commissary 
General of this state to redeem his own. [Passed June 18. 



CHAPTER 68. 

RESOLVE FOR DRAFTING OFFICERS AND MEN FROM THE BOSTON 

REGIMENT, 

The Committee to whom Gen' Heaths Letter of the 14* In- Legislative 
stant requesting a number of militia to do Duty in the Town of councif, °* ^'^^ 
Boston for one month from this Day, beg leave to report by way xx.xvii. (2nd 

of Resolve Mass.' 

Resolved that the hon'^'® Council be requested immediately to ^xlvTIos. 
issue their Orders to the commanding Officer of the Reg' of Militia ^^^^ ' 
in the Town of Boston for a Draft of one Major, two Captains, four Archives, 
Lieutenants, Eight Serjeants, Eight Corporals, two Drumers, two ''^^^■' 
Fifers & One hundred & fifty privates to do Duty in the s^ Town 
of Boston for one month from this Day, s^ Detachment to be paid 
& subsisted at the Expence of the United States of America as 
proposed by Gen. Heath in his Letter afores**, None of those Per- 
sons whose Time of Enlistment expires this Day choosing to en- 
gage for a longer Time without a new Draft. [Passed June 18. 



34 



Resolves, etc. — 1777-78. [Chaps. 69-71.1 



CHAPTER 69. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 69. 
Mass. 
Archives, 
clxxxii.. 380. 

Mass. 
Archives, 
clsxxii., 379. 



RESOLVE ON THE PETITION OF BRIGADIER JOHN FELLOWS. 

On the Petition of Brlgadieur Fellows Praying that y* Miletia 
of y* first Regt: of y® County of Berkshire who marched to y® 
Highlands in the State of New York July y* 15"', 1776, on an alarm 
may be Paid for their services. 

Resolved that y* Prayer of the Petition be Granted, and that 
there be Paid out of the Publick Treasury of this State to the 
several officers and men who served, agreable to such Establish- 
ment as then subsisted for y® support and Pay of the Continental 
Army. 

And the several officers of the several companys who served 
are Directed to make up their Pay Roles agreable to said Es- 
tablishment, and lay them before the Committe on Pay Roles, 
for Examination and allowance properly authenticated on oath. 
[Passed June 18. 



CHAPTER 70 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 71. 
Mass. 
Archives, 
ccxiv., 194. 

Mass. 
Archives, 
ccxiv., 193. 



RESOLVE ALLOWING RATIONS TO CERTAIN COMMISSARIES AND 
THEIR DEPUTIES. 

Resolved that Rations be and hereby are allowed to The Com- 
missarys and their deputys, appointed by the Resolves of this 
Court, or in consequence thereof, for dealing out Slops, Stores &c., 
to such of the continental Troops as have or may be raised in this 
State, and that such rations be" in proportion to their Wages, pro- 
vided always such Commisarys & their deputys shall not receive 
Rations from the Continent. [Passed June 18. 



CHAPTER 71 



RESOLVE MAKING AN ESTABLISHMENT FOR THE SEVERAL DETACH- 
MENTS OF MILITIA FROM HAMPSHIRE AND BERKSHIRE COUN- 
TIES. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 71. 
Mass. 
Archives, 
ccxiv., 195. 

Mass. 
Archives, 
cxcvii., 5-7. 



Whereas the several Detatchments of the Militia of this State 
hereafter mentioned have marched out of this State for the de- 
fence of the fortress at Ticonderoga and for the defence of the 
State of Rhode Island; And no Establishment has been made for 
giving them a Reward in addition to the Wages & Rations they 
have or may receive from the united States — It is therefore 

Resolved that there be allowed & paid out of the Treasury of 
this State a Bounty of twenty shillings, for each calender month 
they continued in service, to each non-commissioned Officer & 
Private Soldier who marched from the Counties of Hampshire & 
Berkshire by an order of Council of February 9, 1777, from the 
County of 13erkshire on a request from General Gates of April, 
1777, and from the County of Hampshire by order of Council of 
May, 1777, for the defence of Ticonderoga — And also to each such 
officer & private who marched for the defence of the State of 
Rhode Island by an Order of Council of April, 1777, said pay to 
commence from the Time they marched respectively. 

Also Resolved that there be allowed and paid to each officer and 
private in either of said Detatchments two pence a mile for each 



[1st Sess.] Resolves, etc. — 1777-78. 35 

mile they respectively travelled from their several places of Abode 
to the place or places to which they marched, before they received 
the Continental rations. And as it appears that the Selectmen 
of Some Towns from whence said Detatchments marched have 
already paid said Mileage, it is therefore requested of the Select- 
men of the several Towns from whence any part of either of said 
Detatchments marched to pay to the Men who marched from 
their respective Towns the said Two pence a mile each, and lay 
their Accounts properly vouched before this Court for allowance 
and payment. 

And whereas it is represented to this Court that the Detatch- 
ment of the Militia aforesaid who marched & did Duty at Ticon- 
deroga by order of Council of February 9, 1777, by means of 
Deficiency of Money in the hands of the paymaster there or for 
want of proper Orders relative thereto have not received their 
monthly or continental pay — 

Therefore 

Resolved that there be advanced & paid out of the Treasury of 
this State to the officers & privates who served in said Detatch- 
ment, the same Wages and Rations that those of equal Rank serv- 
ing during that time in the continental Army were entitled to, 
provided it shall appear they have not received pay for said serv- 
ice. And it is further 

Resolved that there be allowed and paid to each officer & private 
in either of said Detatchments, the sum of one penny per mile for 
each mile such officer or private marched as aforesaid, as an al- 
lowance in lieu of waggons to carry their Baggage, Provided they 
make it appear to this Court or their Committee appointed for 
that purpose that they carried their own packs or were at the ex- 
pence thereof and have not been already allowed therefor. 

Also 

Resolved that an Account of Monies advanced by this State in 
consequence of the foregoing Resolves, which ought to be paid by 
the united States, be lay'd with the proper vouchers before Con- 
gress for allowance. [Passed June 18. 



CHAPTER 72. 

RESOLVE PERMITTING JOHN SERGEANT TO PURCHASE BLANKETS Legislative 

FOR STOCKBRIDGE INDIANS. Records of the 

Council, 
xxxvii. (2nd 

Resolved upon the petition & memorial of John Sergeant in ^^ss'^^" 
Behalf of the Indians under his Care residing in Stockbridge, Archives, 
dated the 11'^ Instant, that the prayer of the petition be granted, '^'^^'^•• 



& the s^ John Sergeant has leave hereby given to purchase of the Archives, 
Board of War a Number of Blanketts not exceeding twenty, for ccxiv., 197. 
the Supply of the Indians abovementioned. [Passed June 18. 



CHAPTER 73. 

RESOLVE ON THE PETITION OF CHARLES D'WOLF PERMITTING THE Legislative 

SCHOONER BETSEY TO PROCEED TO COTTENBOURG. Records of the 

Council, 
xxxvii. (2nd 

On the Petition of Charles Dewolf for himself and the rest of Ef*^'^*- 
the owners of the Schooner Betsey whereof Capt Timothy Doggett Archives, 
is master. Praying that they may have leave to depart this State '''^^"'- ^^- — 
with their Schooner & a Cargo of Rice to Cottenbourg in Sweedland, Ar^chives, 

clxxxiii., 22. 



36 



Resolves, etc. — 1777-78. [Ciiaps. 74-76.) 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 75. 
Mass. 
Archives, 
ccxiv., 209. 



they the said owners Promising to give Bond to make return in 
Duck Cordage & medicines. 

Resolved That the Prayer of the Petitioners be granted, that they 
the said Owners may have Liberty to Proceed on the above said 
Voyage, they giving a good and sufficient Bond to the Naval Offi- 
cer of the Port of Bedford in the sum of One thousand Pounds, 
that they make return of the whole neet Proceeds of their Cargo 
in Duck, Cordage and Medicines into this or any of the United 
States, the Danger of the Seas and Enemy excepted. [Passed 
June 19. 



CHAPTER 74. 

RESOLVE FOR SUPPLYING TOWNS WITH POWDER. 

Resolved that the Overseers of the Powder Mills in this State 
be and they are hereby directed to deliver to the Select Men of 
any Town in this State who may apply therefor, or to their Order, 
any Quantity of Powder they may request of them, they paying 
therefor at the Rate of five Shillings a Pound, provided the same 
do not exceed half a Pound to each Man in their respective Towns 
including the Alarm List, in Addition to half a Pound a Man 
heretofore allowed to be drawn by them; and the Select Men are 
directed to dispose of the same (not exceeding half a Pound per 
Man) to the Inhabitants of their respective Towns, who are not 
already provided therewith agreable to the Militia Act of this 
State, the Overseers of the said Powder Mills to be accountable 
to this Court for the Money they may receive therefor. [Passed 
June 19. 



CHAPTER 75 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 76. 
Mass. 
Archives, 
ccxiv., 208. 



RESOLVE DIRECTING THE BOARD OF WAR TO HIRE, PURCHASE OR 
BUILD A STORE AT WORCESTER AND ANOTHER AT SUDBURY. 

Resolved that the Board of War be & hereby are impower'd & 
directed to hire, purchase or build one such large Store at Worces- 
ter & another at Sudbury, as they may judge necessary for safely 
depositing the public Stores under their Care. [Passed June 19. 



CHAPTER 76. 

RESOLVE DIRECTING THE BOARD OF WAR TO REPLACE CERTAIN 
BLANKETS ISSUED TO CONTINENTAL SOLDIERS. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 76. 
Mass. 
Arcliives, 
ccxiv., 207. 

Mass. 
Archives, 
cclxzxiv., 45, 46. 



Whereas it has been represented to this Court that a Number 
of Soldiers belonging to the Continental Battalions raised in this 
State have since the 16'^'' Instant rec*^ a Number of Blankets which 
are insufficient to cover them — 

It is therefore 

Resolved that the Board of War be & they hereby are impower'd 
& directed to receive all such Blankets as above described & in 
Lieu of them to deliver such as are good & sufficient. [Passed 
June 19. 



[1st Sess.] Resolves, etc. — 1777-78. 37 



CHAPTER 77. 

RESOLVE RELATIVE TO RAISING MEN FOR THE EXPEDITION TO S"^- 

JOHNS RIVER. 

The Com'^^'^ of both Houses appointed to consider what further Legislative 
measures are necessary to be taken in order to carry into Execu- council! ° * ^ 
tion the P^xpedition to S' Johns River in Nova-Scotia, report the ^ll^'J?^'^ 
following Resolves, & ask leave to sit again. Mass.' 



J: Palmer p ord^ 4xi^l!b. 



Resolved, That there be a Letter, signed by the President of the Mass. 
Council, immediately sent to M'' Allan, agent to the Indians at & ^^y.^loo. 
near S' Johns in the Province of Nova-Scotia giving him a general 
Account of what this Court has done, & is doing, in order to 
secure that Eastern Country; so that he may take such measures 
with the Indians & others, as shall most effectually promote the 
Interest & happiness of the united States of America. 

Resolved, That in addition to the two Muster-Masters appointed 
on the 18"' Ins' for mustering the men who may inlist into the 
service for the Expedition to S' Johns, Dummer Sewal Esq"^ of 
George-Town be & hereby is also appointed a Muster-Master for 
the same service, & the Council are desired to furnish him with 
such sums of Money, as they shall judge necessary to pay the 
Bounties. 

Also 

Resolved, That the Several Muster-Masters, the Store-Keeper, 
& Commissary appointed for this Expedition, shall severally give 
Bond in the sum of two thousand Pounds to the Treasurer of 
this State, for the faithful discharge of the trust reposed in them. 
And also 

Resolved, That the Council give Instructions to the Store-Keeper 
& Commissary appointed for this service, how, & in what manner, 
they shall severally dispose of the Articles which may be put into 
their hands. 

And it is further 

Resolved, That the following Forms for Beating-Orders & Inlist- 
ments shall be the Forms to be used for raising men for this in- 
tended Expedition, viz': 

To 

You are hereby impowered immediately to inlist a Company 
to consist of 86 able-bodied & effective Men, including Non-com- 
missioned Officers & Privates, as Soldiers in the service of the 
State of Massachusetts-Bay, & for the Defence of the United 
American States in General, & of this State in particular, to- 
gether with such parts of the Province of Nova-Scotia as have, or 
may, put themselves under the protection of this, or the united 
States of America; To be upon Continental pay; to continue in 
Service ^ sTx'months"'' next after the day of their respectively passing 
Muster, unless regularly discharged sooner; & to be liable to do 
duty in any part of this, or the Province of Nova-Scotia, as they 
may be ordered: And each Non-commissioned Officer & private is 
to receive a Bounty of £6 & a Blanket, from the Muster-Master, 
upon his passing Muster. 

Day of 1777. 

We the Subscribers do hereby severally inlist ourselves into the 
service of the State of Massachusetts-Bay agreeable to Beating- 
Orders for raising Men for an Expedition of S' Johns in Nova- 
Scotia, & to continue in that service Six Months, unless sooner 
discharged regularly. And each of us do engage to furnish & carry 



38 



Resolves, etc. — 1777-78. [Chaps. 78-80.1 



with us into said Service, a good effective Fire-arm, & also a Bay- 
onet (if to be obtained) a Cartridge-Box & Knapsack; & if no 
Bayonet, then in lieu thereof, a Sword, Hatchet or Tomahawk. 
And we severally consent to be formed into a Company by such 
Persons as are, or shall be appointed by the General Assembly 
of the State of Massachusetts-Bay; & be under the Command of 
such Officers as said State has or shall appoint; & faithfully to 
observe & obey all such Orders as we from Time to Time shall 
receive from our Officers; & to be under such Regulations in every 
Respect, as are or shall be provided for the Continental army of 
the United States of America. 

In the House of Representatives 

Read and pass'd. 
In Council 

Read & Concurred. [Passed June 20.^ 



CHAPTER 78. 

RESOLVE ON THE PETITION OF ROBERT PIERPONT AND OTHERS 
IN BEHALF OF HOPESTILL CAPEN. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 77. 
Mass. 
Archives, 
ccxiv., 212. 

Mass. 
Archives, 
ccxiv., 213. 
House Jour- 
nal, p. 133 
(October, 1776). 



On the Petition of Rob' Pierpoint & others in behalf of 
Hopstill Capeon — 

Resolved That the said Hopestill Capon be Liberated from the 
Confinement he was put under by the Court of Enquiery, provided 
the Petitioners Give bond to the Treasu'' of This State in the sum 
of five hundred Pounds, that said Hopestill Shall upon Reason- 
able notis appear before any Court in the County of Sufi"olk that 
may be duly Authorised to hear & Determin oifences Comited 
against this or any other of the American States, in Case he the 
said Capeon Shall within Six months from this date be Notched 
to appear as afores*^, and that he the Said Hopestil Capon shall 
dureing the Term of Six months next folowing Keep the peace and 
be of Good Behaivour. [Passed June 20.^ 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 79. 
Mass. 
Archives, 
ccxiv., 217. 

Mass. 
Archives, 
ccxiv., 218, 219. 



CHAPTER 79. 

RESOLVE ALLOWING HALF PAY TO ELIJAH HUDSON. 

On Representation of Jn° Lucas, Commissary of Continental 
Pensioners, in behalf of Elijah Hudson, late a Sarjeant in Cap' 
Barnes Company & Col° Wards Reg' — 

Resolved that the said Elijah Hudson is Intitled to half pay to 
commence from the 31" December, 1776. [Passed June 20. 



CHAPTER 80 



Lecislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 79. 
Mass. 
Archives, 
ccxiv., 220. 

Mass. 
Archives, 
ccxiv., 221, 222a, 



RESOLVE ALLOWING HALF PAY TO CAPT. MOSES M'FARLAND. 

On Representation of Jn° Lucas Commissary of Continental 
Pensioners, in Behalf of Moses MTarland late a Captain in Col° 
Jn° Nixons Regiment — 

Resolved that the said Moses M'Farland is intitled to half pay 
to commence from 31" December 1776. [Passed June 20. 

' This date is June 18 according to Lepislative Records of the Council. 
' This date is June 19 according to Legislative Records of the Council. 



[1st Sess.] Resolves, etc. — 1777-78. 39 



CHAPTER 81. 

RESOLVE ALLOWING HALF PAY TO BENJAMIN MASTICK. Legislative 

Records of the 

On the Representation of Jn° Lucas, Commissary of Conti- xxxvii. ('2nd 
nental Pensioner's in behalf of Benj"" Mastick, late a Soldier in Mass.'^°' 
Cap' Gardiners Company & Co" Brooks Regiment — Mxlvlii 

Resolved that the Said Benj"" Mastick is Intiteld to half pay to — — - — '- 

commence from the 9"* of December 1776. [Passed June 20. Archives, 

ccxiv., 216a. 



CHAPTER 82. 

RESOLVE ON THE PETITION OF THE COMMITTEE OF CORRESPOND- 
ENCE AND SAFETY OF THE TOWN OF GORHAM. 

On the Remonstrance & Petition of the Committee of Cor- Legislative 
respondence. Inspection & Safety for the town of Gorham, seting coumIF.'^^^^^ 
forth that a number of Persons, encouraged by others, did enter xxxvii (2nd 
the Dwelling House of One of the said Comm'^*^ by Force and Sfass.' 
Arms & carried off a quantity of goods that were the property of 4^^v.^224. 
Thomas Coulston of Falmouth, an Absentee, w*^** goods were or- ^^^^ 
dered by the General Court to remain in their possession untill the Archives, 

1- xi 1 -1 J? ccxiv., 225. 228. 

further orders thereof. House Jour- 

Therefore ?3l'(October. 

Resolved that the Committee aforesaid be and hereby are di- i776). 
rected to make strict enquiry for the discovery of the Persons who 
have been guilty of the crimes aforesad. And cause them to be 
apprehended & brought to justice, and also that the goods may be 
recovered into the hands of [the] Committee, & when recovered, 
the s*^ Committee are directed to conform to the acts & resolves 
of the General Court of this State for Absentees Estates made & 
provided. 

And whereas it is suggested that sundry persons had been at the 
trouble of procuring the goods above-mentioned, it is further 

Resolved that they be allowed to lay their accounts before this 
Court for allowance provided they were not the perpetrators or 
abettors of the riotous & Illegal proceedings aforesaid. [Passed 
June 20. 



CHAPTER 83. 

RESOLVE PROVIDING THAT THE JOURNALS OF THE HOUSE FOR 1776 
BE PRINTED INSTEAD OF RECORDED. 

Resolved That the Resolve of Court for printing the Resolves Legislative 
for the Year 1776 and recording the Journals of the House, be so coundf, °^ *^^ 
far reconsiderd as that the said Journals instead of being recorded ^^^T^qo^'^'^ 
be printed in the same manner the Journals of the present Year Mass.' 
are to be printed, and that M' Patridge, M"^ Freeman, y^ Clerk & ^l^i^^lk 
M' Pickering be a Committee to agree with a printer to print the 
same accordingly. [Passed June 20. 



40 



Resolves, etc. — 1777-78. [Chaps. 84-88.] 



CHAPTER 8 4. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 83. 
Mass. 
Archives, 
ccxiv., 230. 



RESOLVE DIRECTING THE COMMISSARY GENERAL TO SUPPLY THE 
FORT AT CAPE ELIZABETH WITH POWDER. 

Resolved the Commasary General be & he hereby is Directed to 
Dilever to mr Peter Woodbury or Order, one Hundred weight of 
Gun Powder for the use of the Cannon at the fort in Cape Elessa- 
beth, he to be accountable for the same. [Passed June 20. 



CHAPTER 85. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 81. 



ORDER APPOINTING A COMMITTEE TO CONFER ON THE SUBJECT 
OF THE POWERS TO BE DELEGATED TO THE BOARD OF WAR. 

Ordered that Walter Spooner, Thomas Gushing and Timothy 
Danielson, Esq", be a Committee with Such as the Honble Board 
shall Join to confer upon the Subject Matter of the Powers to be 
given to the Board of War, 

Sent down for Concurrence, Came up Concurr'd and M"' 
Speaker, M' Paine and M' Partridge are Joined. [Passed June 20. 



CHAPTER 86. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 84. 
Mass. 
Archives, 
ccxiv., 238. 



RESOLVE DIRECTING THE COMMISSARY GENERAL TO SUPPLY THE 
FORCES AT FALMOUTH AND CAPE ELIZABETH WITH FLINTS, 
CARTRIDGE PAPER, ETC. 

Resolved that the Commasary General be & he hereby is Directed 
to Deliver to Joseph Noyes, Commasary of the Forces Stationed 
at Falmouth & Cape Elesabeth, three Boxes of Candles of about 
forty pounds each, One Thousand Flints, One Rheam Cartridge 
paper and twelve fathom of match Rope for the use of said 
Forces, he to be accountable for the same. [Passed June 21. 



CHAPTER 87. 



Legislative APPOINTMENT OF OFFICERS OF THE COMPANY STATIONED AT 

Records of the SALEM. 

Council, 

xxxvii. (2nd ^ ' , 

Masi'^^' John Symonds is hereby appointed Captain and Benjamin 

ArXves, Ropcs Juu' secoud Lieutcnaut of the Company station'd at 

ccxiv., 239. 



Salem. [Passed June 21. 



CHAPTER 88. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 85. 
Mass. 
Archives, 
ccxiv., 240. 



APPOINTMENT OF JONATHAN WARNER AS BRIGADIER GENERAL 
OF THE FORCES RAISED FOR THE EXPEDITION TO ST. JOHNS 
RIVER. 

Resolved That Jonathan Warner be and hereby is appointed a 
Brigadier General to command the Forces destin'd to S' Johns in 
Nova Scotia, in the room of Moses Little, Esq", who declines that 
Service. [Passed June 21. 



[1st Sess.] Resolves, etc. — 1777-78. 41 



CHAPTER 89. 

RESOLVE ON THE MEMORIAL OF CAP^ STEPHEN SMITH DIRECTING 
THE BOARD OF WAR TO FURNISH THE TRUCK HOUSE AT MACHIAS 
WITH SUPPLIES. 

On the Memorial of Cap* Stephen Smith, shewing that one or Legislative 
more of the Inhabitants of Machias, by Selling Strong liquors to counctf, °^ *^^ 
the Indians, in such quantities as to intoxicate them, have de- '™''y|'ol^°'^ 
frauded them of their Furs, and other valuable Articles, thereby Mass.' 
depriveing this State in a great measure of the benefitt of their d^-^iii^fli. 



Trafick, and in a great measure frustrateing the laudable design ^^ 
of this State, of attaching Said Indians to its Interest, Together Archives, 
with the necessity the Truckmaster is under to trust them, all ccxxiv.,''29'. ' 
which would be prevented, if the evil practice of Selling Strong 
drink to Said Indians was duly attended to. 

Resolved That no person or persons (the Truckmaster excepted) 
be allowed to give, Sell, Truck, Barter, or Exchange, with any 
Indian or Indians any strong beer, cyder, wine, rum, brandy, or 
any other Strong liquors, for Cloathing or any other thing what- 
soever the Indians may have in possession whether intoxicated or 
not. On the penalty of Forty Shillings to be paid one moiety to 
him or them who shall inform or sue for y® same & y® other 
moiety to Treasurer of this State for y® use of y* State, for each 
and every offence abovementioned, to be recovered att any Court 
proper to try the same. Or two months imprisonment. 

It is further 

Resolved that the Board of War be & hereby are directed to 
furnish the Truckhouse att Machias as soon as may be, with the 
articles in the Schedule herewith presented, as those articles that 
are most vendable among the Indians are cheifly disposed of, by 
orders of this Court the Truckmaster being accountable for such 
of Said articles as may be delivered him. [Passed June 21. 



CHAPTER 90 



RESOLVE GRANTING £9. 12/ TO THE FAMILY OF CAPT. WILLIAM 

MEACHUM. 

Resolved That the Sum of Nine pounds, twelve shillings be paid Legislative 
out of the Treasury of this State to M" Amos Foster for the Use Council, 
of the Family of Captain William Meachum, who was kill'd at ^rSse^"*^ 
Bunker Hill Battle in full for losses there Sustained. [Passed 
June 21 . 



CHAPTER 91. 

RESOLVE ON THE PETITION OF ICHABOD HANSON AND OTHERS 
CONFIRMING PROCEEDINGS OF A TOWN MEETING AT WINDHAM 
IN 1774. 

Whereas tis represented to this Court, that at the annual meet- Legislative 
ing of the Town of Windham in Cumberland County on the 31 Records of the 
day of march 1774, one Richard Maybery a temporary Clerk of x^'^L (2nd 
the meeting, was not Sworn to the faithfull discharge of that ^^ass'.'^^' 
Trust; That the Votes and transactions of the said meeting have Archives, 
since that Time been Recorded in the Town Book of Windham '^'^^''" 



by Richard Dole the standing Town Clerk for that year, from ArXves, 

ccxiv., 232-237. 



42 



Resolves, etc. — 1777-78. [Chaps. 92-95.1 



minits made on Paper at said meeting by the said Richard May- 
bery, and as doubts may arise Whether the Votes and proceedings 
of the said Town meeting can be in law considered legal. 

It is therefore 

Resolved that the Votes and proceedings of the Town of Wind- 
ham aforesaid at their march meeting in 1774, as Recorded in 
their Town Book by Richard Dole, shall be as Valid and effectual 
to every intent and purpose, as tho' the said Richard Maybery 
had been duly Sworn: any Law usage or custom to the Contrary 
notwithstanding. [Passed June 21. 



CHAPTER 92 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 88. 
Mass. 
Archives, 
ccxiv., 243. 



RESOLVE DIRECTING AGENTS OF THE MIDDLE DISTRICT TO REN- 
DER AN ACCOUNT OF SALES. 

Resolved that the Agents of the middle District be & hereby are 
directed to lay before this Court a particular Acco' Sales of the 
several Cargoes that have come into their hands with the names 
of the Persons to whom & the Prices at which they were sold. 
[Passed June 23. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 89. 
Mass. 
Archives, 
ccxiv., 241. 

Mass. 
Archives, 
cclxxxiv., 49. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 89. 
Mass. 
Archives, 
ccxiv., 242. 

Mass. 
Archives, 
cclxxxiv., 48. 



CHAPTER 93. 

RESOLVE DIRECTING THE BOARD OF WAR TO SELL SALT TO THE 
INHABITANTS OF PROVINCETOWN. 

Resolved That the Board of Warr be directed to sell to the In- 
habitants of Province Town one hundred Busshells of Salt out of 
the State Vessell lately drove on Shore near that place. [Parsed 
June 23. 



CHAPTER 94 



RESOLVE ON THE PETITION OF CAPT. JOHN ROCHE. 

On the Petition of Cap' John Roche. 

Resolved that the Board of War be & are hereby directed to de- 
liver to the said Cap' John Roche as much Bolt-rope as may be 
necessary for compleating the Sails of the Continental Frigate Ran- 
ger under his Command, he paying for the same. [Passed June 23. 



CHAPTER 95. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 89. 
Mass. 
Archives, 
ccxiv., 275. 



RESOLVE FOR RAISING 1,500 MEN TO SERVE AT RHODE ISLAND. 

The Committee of both Houses to whom was referred the Con- 
sideration of the Letter from his Honor Governor Cook of The 
state of Rhode Island directed to the President of the Council 
of This State have consider*^ the same, and have directed me to 
report the following Resolve — 

TiM° Danielson $> Order 

Resolved That The Council of This state be and hereby are de- 
sired to Issue Their Orders immediately to the Brigadiers of The 
County of Suffolk, Essex, Middlesex, Plymouth, Barnstable, Bristol 



[1st Sess.] Resolves, etc. — 1777-78. 43 

and Worcester, and in The Absence of the Brigadiers to the next 
commanding Officer in the respective Brigades of said Counties, 
That They Cause one Thousand five hundred Men to be detached 
forthwith, and formed into Companies of sixty eight Men each 
with a suitable Number of Captains and subalterns to command 
Them, and That said Companies be formed into Two Battallions, 
each Battallion to be under The Command of Three field Officers 
to be appointed by This Court, said Men to furnish Themselves 
with Arms, Accoutrements and Blanketts; and That the said Brig- 
adiers cause the Men detached from Their several Brigades to 
march to the state of Rhode Island to reinforce the Troops under 
the Command of General Spencer, There or elsewhere in New 
England as the Council of This state may Order, so early That 
they may arive at Rhode Island by the Tenth Day of July next, 
at which Time, will expire The Term our Militia There are en- 
gaged for, to do Duty and be continued in the service until the 
tenth day of January next unless sooner Discharged; All Officers 
and Soldiers to be under the same Establishment, and to receive 
the same Bounty & Milage and in the same Manner, and be 
subject to the same pains and Penalties as are provided by the 
Resolve of this Court of 11"" of April last, and That the said 
Brigadiers, Select Men and Committees and all Persons called 
upon to give Their Assistance to forward the last Reinforcement 
to Rhode Island, are to observe the same Mode of Conduct pointed 
out by the Resolve aforesaid in all Respects — and it is further 

Resolved That The Number each of the aforesaid Counties are 
to furnish of the said Detachment of one Thousand five hundred 
Men is as follows, viz, The County of Suffolk One hundred and 
eighty Two, The County of Essex Three hundred and Thirteen, 
The County of Middlesex Two hundred and fifty four. The 
County of Plymouth One hundred and eighty Three, The County 
of Barnstable eighty eight. The County of Bristol One hundred 
and eighty One, and The County of Worcester Two hundred and 
Ninety Nine Men — And as The Militia of The Town of Boston 
are detached daily to mount Guard in many Places in and about 
Boston, The Brigadier of the County of Suffolk is hereby directed 
not to make any Detachment from the Militia of That Town, to 
compleat the Quota of the said County of Suffolk. 
In the House of Representatives 

Read & pass'd 
In Council 

Read & Concurred. [Passed June 24- 



CHAPTER 96. 

RESOLVE ON THE PETITION OF EDWARD WENTWORTH PRAYING 
FOR A NEW TRIAL. 

On the Petition of Edward Wintworth Setting forth That on 
his Late Trial as an Enimy to the United States of Amirica Sev- Legislative 
erall Evedinces in his favour ware absent & Tharefore praying for councif,° 
a new Trial — ^ifg?'"^ 

Resolved That the Justises of the Court for the Trial of Such Mass' 
Persons be and they hereby are Autherised & dericted to admit ccx'iv.y27'8. 



the Said Edward Wintworth To a new Trial. [Passed June 2^. Mass. 



Archives, 
ccxiv., 279. 



44 



Resolves, etc. — 1777-78. [Chaps. 97-100.1 



CHAPTEU 97. 



RESOLVE GRANTING £41. 2. 4 TO DANIEL MARTIN. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 92. 
Mass. 
Archives, 
ccxiv., 247. 

Mass. 
Archives, 
ccxiv., 248-256. 



Resolved that the Sum of forty one pounds two Shillings & four- 
pence be paid out of the publick Treasury of this State to Daniel 
Martin, being so much lodged in the Said Treasury by an order 
of the general Court of the 3*^ of October 1775, in S^ order Said 
to [be] the property of some Inhabi[tant] of Bosto[n], said Sum of 
forty one pounds, two Shillings & 4 [pence apjpearing to be the 
property of the Said Daniel Mar[tin]. [Passed June 24- 



CHAPTER 98. 



RESOLVE GRANTING £62. 10/ TO HON. WILLIAM GUSHING. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 95. 
Mass. 
Archives, 
ccxiv., 264. 

Mass. 
Archives, 
ccxiv., 265. 



The Commee to whom was referred the Petition of the Hon. 
William Cushing Esq"^ beg leave to Report by way of Resolve — 

Resolved that there be allowed and paid out of the public Treas- 
ury to William Cushing Esq"^ one of the Judges of the Superiour 
Court of Judicature, Court of Assize &c. the Sum of Sixty two 
Pounds ten Shillings, which Sum with what has been before 
granted him, is in full Consideration of his faithful services in 
said Capacity, for the Year seventeen hundred & seventy Six. 
In the House of Representatives 

Read and accepted. 
In Council 

Read and concurred. [Passed June 24' 



CHAPTER 99. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 95. 
M&ss. 
Archives, 
ccxiv., 262. 



Archives, 
ccxiv., 263, 263a. 



RESOLVE ALLOWING ONE THIRD PAY TO BENJAMIN TUCKER. 

On Representation of John Lucas Commisary of Continantial 
Pinsioners in behalf of Benj'' Tucker Late a soldier in CoP Hol- 
mans Rigm' and in Cap' Loring Lincolns Comp^' — 

Resolved That the said Benj'^ Tucker is intitled to one third pay 
to Commence on the 9"' of December, 1776. [Passed June 24- 



CHAPTER 100. 



Letri.slative 
Records of the 
Council, 
xxxvii. (2nd 
part), 95. 
Mass. 
Archives, 
ccxiv., 268. 

Mass. 
Archives, 
ccxiv., 269, 270. 



RESOLVE ALLOWING HALF PAY TO THOMAS BOARDMAN. 

On Representation of Jno. Lucas, Commissary of Continental 
Pensioners, in behalf of Thom^ Bordman, late a Corporeal in Capt. 
Perkins's Company & Coll Littles Regiment — 

Resolved that the said Thom^ Board man is entitled to half pay to 
commence from the Last day of January, 1777. [Passed June 24' 



[1st Sess.] Resolves, etc. — 1777-78. 45 



CHAPTER 101. 

RESOLVE DIRECTING BOARD OF WAR TO SUPPLY 400 BLANKETS Legislative 

FOR USE OF TROOPS IN NORTHERN DEPARTMENT. Counclf ^ ^''^ 

xxxvii. (2nd 

Resolved, in Consequence of a letter from Majour General IH^I] ^^" 
Heath of the 21 Instant informing that Majour General Schuyler Archives, 
had wrote him that maney of the Troops in the Northen armey 



were now Suffering for want of Blanketts & has most Earnestly Archives, 
requested that three or four hundred may be lent without Delay, LLg^gJative 
That the Board of war be & they are hereby Direcf* to deliver to Records of the 
Major Gen' Heath or to his Order four hundred Blanketts for Use xwcvIl (2nd 
of Said troops & that the Continent be Debited for the Same, p**^^^- ^^• 
[Passed June 24- 

CHAPTER 102. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF HARPS- 
WELL. 

On the Petition of the Selectmen of Harpswell, praying that Legislative 
they may have two Small guards, one on the lower point of mery- Council, 
coneag neck, & the other on the lower end of Sebasco Degin Island, part)"'96""'' 

Resolved that there be inlisted Eight men of the militia of the Mass- 
County of Cumberland to keep two guards, four of them to be ccxVT258. 
Stationed on the Lower point of merryconeag neck, & four of them ^yiass. 
on the lower end of Sebasco degin Island, to be under the direc- Archives, 
tion of the militia Captains of Harpswell, to do duty for the term 
of Six months from this time unless Sooner discharged by order of 
Court, & to have the Same wages as the Soldiers Stationed at 
Falmouth & be allowed Six shillings ^ week to find themselves 
Subsistance, & that they farnish themselves with fire arms & 
other Accoutraments. [Passed June 24- 



ccxiv., 259. 



CHAPTER 103. 

APPOINTMENT OF SOLOMON LOVELL, ESQR., AS BRIGADIER FOR 
SUFFOLK COUNTY. 

In the House of Representatives Legislative 

The House made choice, by ballot, of Solomon Lovell Esq'' as coundf °^ *^*^^ 

a Brigadier of the Militia in the County of Suffolk — xxxvii. ('2nd 

T /"> •! part), 97. 

In Council Mass! 

Read & Concurred. [Passed January 24- tcxU^^^ii 



CHAPTER 104. 

ORDER ON THE PETITION OF JOHN BROWNE. Legislative 

Records of the 
Council, 

On the Petition of John Brown Esq"" praying a Review in a ''artt'gf"'^ 
certain Maritime Cause mention'd in his Petition — Mass.' 

Ordered that the Petitioner notify the adverse Party by serving ccx*iv.y24'4. 
the Owners of the Privateer which captur*^ his Vessel, or their ^i^^^^^ 
Agent or Agents and the Agent for the Captors by serving them Arehhes, 
with a Copy of his Petition and this Order thereon to shew Cause ssa^ccxi'v., '245. 

246. 



46 



Resolves, etc. — 1777-78. [Chaps. 105-107.] 



if any they have on Friday the twenty seaventh Instant, why the 
Prayer of said Petition should not be granted & the Sales of said 
Vessell & Cargo & all Proceedings thereon be stayed 'till the 
further Order of this Court. [Passed June 24' 



CHAPTER 105. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 93. 
Mass. 
Archives, 
ccxiv., 271. 

Mass. 
Arciiives, 
ccxiv., 272-274. 



RESOLVE ON THE PETITION OF THE COMMITTEES OF CAPE ELIZA- 
BETH, WINDHAM, GORHAM AND PEARSONTOWN. 

On the Petition of the Committees of Cape Elisabeth, Wind- 
ham, Gorham and Pearsontown, in the County of Cumberland, 
complaining that severall Mill Dams have been erected across the 
River Presumscot which have totally obstructed the Passage of 
Fish up said River & praying for Relief — 

Resolved that the Petitioners notify Maj"" Benjamin Wait, Owner of 
the Dam at Presumscot Falls & Amarcoggin Falls on said River, 
together with Enoch Freeman EsqS Daniel Dole, Enoch Ilsley and 
Abraham Osgood, Proprietors of several Mills on Said River which 
obstruct the Passage of the Fish (by serving them with a Copy of 
this Resolve) to appear on the third Tuesday of the next Seting 
of the General Court, and shew Cause, if any they have why they 
should not make and keep open a sufficient Sluice or Passage Way 
thro' and round said Dam for the Passage of Fish up said River, 
and pay the Charge arising thereon — 

And it is further 

Resolved that there be paid out of the Publick Treasury of this 
State to John Lewis Esq'' and James Fabyan Esq' each the Sum of 
Sixteen Shillings in full for their Time and Expences for serving 
on a Committee to view the Mill Dams upon Presumscott River 
&c, agreable to a Resolve of the General Court of the 4"^ of April 
last. [Passed June 25.^ 



CHAPTER 106. 



RESOLVE DIRECTING THAT INDIAN CORN BE SOLD TO JOSEPH 
NOYES FOR THE USE OF THE POOR OF FALMOUTH. 



Legislative 
Elecords of the 
Council, 
xxxvii. (2nd 
part), 99. 
Mass. 
Archives, 
ccxiv., 286. 

Mass. 
Archives, 
ccxiv., 287; 
cclxxxiv., 47. 



On the Petition of Joseph Noyes one of the Overseers of the 
Poor of the Town of Falmouth Praying that he may be suplyed 
with some Indian Corn or Flour for the Use of the Poor of said 
Town — 

Resolved that the Commissary General or the Board of War are 
hereby directed to deliver to Joseph Noyes one of the overseers of 
the Poor of the Town of Falmouth two hundred bushels of Indian 
Corn he paying for the same. [Passed June 25. 



CHAPTER 107 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 99. 
Mass. 
Archives, 
ccxiv., 285. 

Mass. 
Archives, 
ccxiv., 284. 



RESOLVE ON THE PETITION OF ELIHU HEWES. 

On the Petition of Elihu Hewes praying for a Quantity of 
Salt, 

Resolved that fifty Bushels of Salt be granted to Elihu Hewes 
the Petitioner, to be delivred to him, or order, by the Agents of 

* This date is June 24 according to Legislative Records of the Council. 



[1st Sess.] Resolves, etc. — 1777-78. 47 

the State or Com' of Sequestration, he paying 10/ p' Bushel for the 
Same, to be distributed in Small Quantities (by the S** Hewes and 
the Committees of Safety &c. of the Plantation called Wheelers- 
borough & of those Setlers who inhabit the Lands opposite to 
S^ Wheelersborough on Penobseut River) to the Inhabitants liv- 
ing near S*^ River as described in said Petition. [Passed June %5. 



CHAPTER 108 



RESOLVE CONFIRMING A TOWNSHIP TO JOHN WHETCOMB. HENRY 
GARDNER AND OTHERS. 

On the Petition of the Hon'"« John Whetcomb & the Hon^'« Kids of the 
Henry Gardner Esq" requesting the Acceptance of a plan & Council,^ 
confirmation of the land therein represented, to them & their part?!'ioo. 
Associates as named in a Schedule exhibited with Said plan, in Archives 
Satisfaction for a grant made to them, on the 23 day of Feb''^ cixxxii.. 400. 
AD, 1774, of A Township of land, of the Contents of Seven miles Mass. 
Square, which grant was made in consequence of their loosing the cixxxiltsgy. 
Township N° 6 in the line of Towns on Contooko[ok] River by Hoygejouj.- 
runing the line between this State & the State of New Hampshire, nai, pp. i6o. 

Resolved [That] the Township of land described by the follow- ruai-y, 1774^" 
ing lines & Courses be confirmed to [the] Aforesaid John Whet- ^^g'^xvin 
comb & Henry Gardner Esq" & their Associates on the Conditions 770, chap. 121. 
hereafter mentioned, viz Begining at a White pine tree in the 
Westerly corner of a Township called Otisburg, thence N° 25 ^^^^ 
W: one Hundred rods, to a Stake, in the Northerly corner of a 
Township called Bridgeton, thence S 65 ^^^^ W: two miles to a 
Stake, thence N° 25 '^"^s gix miles & half & thirty rods, to a hem- 
lock, thence N" 65 "^^s g. Q^e mile to a Stake, thence N° 25 ^"^^ 
W: one Hundred & ninty rods to a Stake, thence N 65 '^'^' E: 
three Quarters of a mile to a Stake, thence N 25 ^^^^ W: one Hun- 
dred rods to a Stake, thence N 65 ^^^^ E: two miles, thence S 25 '^^^^ 
E: one Hundred rods to a Stake, thence N 65 '^"^^ E: three miles 
& three Quarters, thence S 25 '^"^^ E: Seven miles & Sixty rods to 
a heap of Stones, thence S 65 ^^^^ W: by land belonging to this 
State & the Aforesaid Otisburg to the White pine first mentioned, 
on the Conditions that this grant does not interfere with Any 
former grant or grants, & that the Grantees perform the terms 
mentioned in the sai[d Gr]ant of Feb 23 AD. 1777 [1774] & Also 
that the Contents of the ponds in Said Township [amou]nts to 
Two Thousand Six Hundred Acres, and provided the same does 
not Contain more than seven miles square Exclusive of Ponds. 
[Passed June 25. 

CHAPTER 109. 

RESOLVE ADDING DOCTO* MOSES GUNN TO THE COMMITTEE ON 

ACCOUNTS. 

Resolved That Docf Moses Gunn be & he is hereby added to the Legislative 
Committee on accounts. Counclf °^*^^ 

In the House of Representatives xxxvii. (2nd 

Read and passed. Mass.' 

In Pniinnil Archives, 

in ».^ouncn ccxiv.,28i. 



Read and concurred. [Passed June 25. 



48 



Resoli-es, etc. — 1777-78. [Chaps. IIQ-US.I 



CHAPTER 110. 

RESOLVE ON THE PETITION OF SAMUEL TAYLOR PRAYING TO BE 
SET OFF FROM THE EAST TO THE WEST PARISH IN DUNSTABLE. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
parfr), 100. 
Mass. 
Archives, 
ccxiv., 282. 

Mass. 
Archives, 
ccxiv., 283. 



On the Petition of Sam'^ Taylor Praying to Be Sett off From 
the East to the West Parishe in Dunstable with his Estate — 

Resolved that The Petitioner Notify the Clarks of Each of the 
Parishes of the Town of Dunstable By Serving them with a Coppy 
of this Petition also with a Coppy of this Resolve: to Shew Cause 
(if any they Have) on the Third Tuesday of the Next Setting of 
the General Court why the Prayer thereof Should not be Granted. 
[Passed June 25. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 100. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 105. 



Archives, 
ccxiv., 293. 



Mass. 
Archives, 
ccxiv., 294- 
295a. 



CHAPTER 111. 

RESOLVE APPOINTING A COMMITTEE TO REVISE THE ACTS FOR 
ENCOURAGING THE FITTING OUT OF ARMED VESSELS. 

In the House of Representatives 
Resolved that M"" Partridge and M' Sumner with such as the 
Hon"'"" Board shall Join be a Committee to revise the Several Acts 
of this State for encouraging the fixing out of Armed Vessells and 
report what amendments are proper to be made — 
In Council 
Read and Concurred and Richard Derby Esq"" is Joined. [Passed 
June 25. 



CHAPTER 112. 

RESOLVE ALLOWING A PENSION TO DAVID WOOD. 

On the Representation of John Lucas Commisary of Con- 
tinintal Pinsioners in behalf of David Wood, Late a Sargent in 
Cap' David Warners Comp^ & in Col° Holmans Rigement — 

Resolved That the Said David W^ood is Intitled To a full Pen- 
sion to Comence from the first day of December, 1776. [Passed 
June 26. 



CHAPTER 113. 

RESOLVE DIRECTING THE BOARD OF WAR TO SUPPLY THE TRUCK 
HOL'.'^E AT MACHIAS WITH SUNDRY ARTICLES. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 105. 
Mass. 
Archives, 
ccxiv., 292. 



Whereas Sundry Articles were Omitted in a Resolve that passed 
this Court the 21" In'* for Supplying the Truckhouse att Machias, 
It is therefore 

Resolved that the Board of War, be and thev are hereby directed 
to Supply the Truckhouse att Machias with 600' Shott, 100 Y'^' 
Ozenbrigs, 2'''' firelocks and a Suitable quanty of Needles and 
Combs. 

And as Cap' Stephen Smith, Truckmaster att Machias, Earnestly 
requests orders for his Conduct in that department. 

It is further 

Resolved That he be and he is hereby directed to L^se his best 
discression in the Sale of the goods that are, or may in consequence 
of this Resolve be delivered to him, He being accountable to this 
State for the Same. [Passed June 26. 



[1st Sess.] Resolves, etc. — 1777-78. 49 



CHAPTER 114. 

RESOLVE APPOINTING A COMMITTEE TO PRINT THE RESOLVES Legislative 

FOR 1776. Records of the 

Council, 
xxxvii. (2nd 

Resolved That M' Wendell, Mr Brown of Framingham & M' ^'J^] i^^- 
Sewall be a Committee to see that the Resolves of the General Arciiives, 

Court for the Year 1776 be printed agreeable to a late Resolve — — — '■ 

of said Court — without delay — And also to correct the Press. 
{Passed June 26. 



CHAPTER 115. 

RESOLVE DIRECTING THE BOARD OF WAR TO FURNISH FIELD Legislative 

PIECES TO THE BRIGADIERS OF THE SEVERAL COUNTIES. Records of the 

Council, 
xxxvii. (2nd 

Resolved That the Board of War be & hereby are directed to "^^f^' '^^• 
deliver to the Brigadier of each respective County in this State Archives, 

who shall apply for the same and are not already furnished, two '^S^^ — : 

Field pieces with apparatus and ammunition for the same, in Ard!ivea, 
order to Equip his Brigade agreable to the Militia Act. [Passed ccixxxiv.,'51, 52. 
June 26. 



CHAPTER 116. 

RESOLVE DIRECTING THE COMMITTEE OF SEQUESTRATION TO SUP- Legislative 
PLY SALT FOR THE USE OF THE TOWN OF WILLIAMSTON [WII^ Records of the 
LIAMSBURGH]. Council 

■" xxxvu. (2nd 

part), 106. 

Resolved that the Com'*'' of Sequestration be directed to deliver Ar^cMves, 
to Samuel Niles Esq' for the use of the Town of Williamston,i He ccxiv., 289. 
paying for the Same, the proportion of Salt allow** by this court Mass. 
the IS"" day of this In', to Said Town, being Thirty two^ bushels, cclxxxiv!,' 50. 
[Passed June 26. 



CHAPTER 117. 

RESOLVE APPOINTING A COMMITTEE TO MEET COMMITTEES OF 
OTHER STATES AND CONFER RELATIVE TO PAPER CURRENCY. 

The Committee of Both Houses Appointed to Consider the Legislative 
Whole Matter respecting the Acts for preventing Monopoly & coSnc1f°^*^° 
Oppression at large & to report what is proper to be done; have xxxvii. ('2nd 
Attended that Service & beg leave to report by way of Resolve Mass.' 
as follows — Jer: Powell 4? Order ^'"'^''^%% 

^^ ccxiv., 309. 

Resolved that the Hon. Robert Treat Paine & Azor Orne Esq" Mass. ~ 

with such as the Hon*''^ Board shall join be and hereby are Ap- ^.^.^^'^l^^. 
pointed a Committee in behalf of this State to meet Committees ccxiv'.', 26O.' 
from the General Assemblies of the States of Newhampshire, Rllords'of the 
Rhode Island, Connecticut & New York, at the Town of Spring- *^°^°"'/2m4 
feild in y*^ County of Hampshire, within this State on y^ thirtieth part), 97". 
Day of July next, in case said Assemblies think fit to Appoint 
such Committees then and there to hold a Conference respecting 
the state of the Paper Currency of y^ Said Governments, of the 
expediency of calling in the same by Taxes or Otherwise, of the 

1 The schedule of each town's proportion gives: "Williamstown ... 65, Wil- 
liamsburg . . . 32." — Mass. Archives, ccxiv., 289, is endorsed " Williamsburgh.' 



50 



Resolves, etc. — 1777-78. [Chaps. 118, 119.] 



most Effectual, Expeditious and Equal method of doing it, and to 
Consult upon the best means for Preventing the Depreciation and 
Counterfeiting of the same, and also, to consider what is proper 
to be done with respect to the Acts lately made to prevent 
Monopoly & Oppression, and to Confer upon the late Acts for 
preventing the Transportation by Land, of certain Articles from 
One State to Another, And to Consider such other matters as par- 
ticularly Concern the immediate Welfare of Said States, and are 
not repugnant to or Interfering with the Powers and Authorities 
of the Continental Congress, and to report the result of their Con- 
ference to y® General Court, and the Secretary is hereby directed 
Immediately to Transmit Authenticated Copies of this Resolve to 
the Gen' Assemblies of the States Aforementioned — 

And every Clause in an Act intitled "an Act in Addition to and 
for Amending & more effectually carrying into Execution an Act 
intitled, "An Act to prevent Monopoly and Oppression, made 
the present year" be & hereby are Suspended, Untill the further 
Order of this Court, Excepting the two first Enacting Clauses, in 
the Act before mention'd, determining the prices Certain Articles 
therein Enumerated shall be Sold at. 
In the House of Representatives 

Read and accepted 
In Council 

Read & Concurred and Thomas Cushing Esq"^ is joined on the 
"Part of the Board. [Passed June 27.'^ 



CHAPTER 118. 

RESOLVE REMITTING A FINE LAID ON THE TOWN OF HARPS- 
WELL. 



Legislative Whereas there was a Fine of fourteen Pounds, ten Shillings 

^^o'"'!^ of the laid on the Town of Harpswell for not returning a Representative 
xxxvii. (2nd to the general Court for the Years One Thousand seven Hundred 
seventy one and seventy two, and it appearing to this Court that 
the Town of Harpswell was not notified by the Town of Bruns- 
wick to choose a Representative, Therefore 
Resolved, 

That there be allowed and paid out of the public Treasury of 
this State to the Select Men of Harpswell or their Order for y® use 
of y® s'' Town of Harpswell, the Sum of fourteen Pounds ten 
Shillings they giving a Receipt of the same. [Passed June 27. 



part), 108 
Mass. 
Archives, 
ccxiv., 306. 

Mass. 
Archives, 
ccxiv., 307, 308. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 108. 
Mass. 
Archives, 
ccxiv., 310. 



CHAPTER 119. 

RESOLVE REPEALING THE RESOLVE FOR DETACHING 1,500 MEN TO 
SERVE AT RHODE ISLAND. 

The Committee of both Houses appointed to consider the Let- 
ter from Governor Cook Dated Providence June the 25 1777, and 
also the Resolve for Detaching 1500 of The Militia of This State 
to march for the Defence of Rh Island and report what is neces- 
sary to be done have consider*^ the same and beg leave to report 
the following Resolves — Tim" Danielson p'' Order 

Resolved That the Resolve of this Court of the 24**' of June 
1777 for detaching 1500 Men from the Militia of This state for 

* This date is June 25 according to Legislative Records of the Council. 



[1st Sess.] Resolves, etc. — • 1777-78. 51 

the Defence of The state of Rh Island be and is hereby repealed ^^ss. 
and made Null and Void — ccxiv., 288. 

And it is further ^ _ _ SSthe 

Resolved That as This Court are raising Two Regiment to serve Council 
in Rhode Island and elsewhere in the New England states as They par^.W. 
may be order'' and to be forwarded to the said state of Rhode 
Island as soon as enlisted, a circular Letter be wrote to the 
Colonels commanding the several Regiment of Militia of This 
State now Serving in the state of Rhode Island directing Them to 
call upon the Officers and soldiers of Their Regiments as volun- 
teers to engage to continue in the same Service for the Term of 
Two Month or a shorter Time unless sooner relieved by the arival 
of the Two Regiments now raising in this state for That Purpose. 

The form of a Letter to the Several Colonels commanding the 
Militia Regiment of This state now Serving in Rhode Island. 

„ , Boston June 1777 

(jrentlemen 

You have enclosed a Resolve of the General Court of this state 
passed for the purpose of continuing your Regiments in Service in 
Rhode Island for the Term of Two Month or as long as They can 
be prevailed upon — You will Therefore, Gentlemen, on the recept 
of This, use your Influence with your several Regiments to con- 
tinue Them in Service for That Time unless sooner relieved by the 
Arival of Two Regiment raising in This state for That purpose 
who will be marched There as soon as mustrd, and if the Circum- 
stances of any Soldiers in your Regiments should be such That all 
cannot be prevailed upon to continue for said Term, each of you 
will endevour to engage as many of your respective Regiments as 
can be prevailed upon to continue as aforesaid, who shall receve 
the same pay They now do, and you will continue in said Service 
for said Term Captains and Subalterns and field Officers in pro- 
portion to the Number of noncommissioned Officers and Soldiers 
that shall engage to continue in said Service for the Term above 
mentioned and no more. 
In Council. 

Read & Accepted 

In the House of Representatives 

Read and concurr'd. [Passed June 27 . 



CHAPTER 120. 

RESOLVE IMPOWERING BRIG. GEN. JONATHAN WARNER TO APPOINT 
FIELD AND STAFF OFFICERS FOR THE REGIMENT TO BE RAISED 
IN NOVA SCOTIA. 

On the Memokial & Petition of Brigadier Jonathan Warner Legislative 
respecting the appointment of Field Officers for the Regiment to be counclf °^ *^^ 
raised in Nova Scotia, & also for four Field pieces in addition to xxxvii. ('2nd 
what are already granted and a suitable number of Matrosses for Mass.' 

tl-ip <jnmp Archives, 

tne same. ^.^.^j^ 302. 



Resolved that Brigadier Jonathan Warner have the appointment -^^^^^ 
of the Field & Staff Officers agreable to a former Resolve, for the Archives, 
Regiment to be raised in Nova Scotia, and that he be allowed a '''^''^'^■• 
Brigade Major, to be upon the same establishment as a Brigade 
Major in the Continental service, and also that he be supplied with 
two field pieces & a suitable number of Matrosses to serve the 
same in addition to what have been already granted. [Passed 
June 27. 



52 



Resolves, etc. — 1777-78. [Chaps. 121, 122.] 



Legislative 
Records of tlie 
Council, 
xxxvii. {2nd 
part), 110. 
Mass. 
Archives, 
ccxiv., 304. 

Mass. 
Archives, 
ccxiv., 305. 



CHAPTER 121. 

RESOLVE IMPOWERING TIMOTHY GIBSON, JUN« ADMINISTRATOR, 
TO SELL REAL ESTATE. 

On the Petition of Timothy Gibson Jun'' Administrator on 
the Estate of Peter Graves late of Stow in the County of mid- 
dlesex deceased, praying that [he m]ay be impowered to Sell 
the real Estate of the deceased (which consists of two ninths 
of the thirds Assigned to the Widow of Ebenezer Graves) to pay 
the debts due from the Estate of the said Peter & charges of 
Administration, 

Resolved that Said Timothy Gibson Jun'' be & he hereby is im- 
powered to Sell, for the most the Same will fetch, the Real Estate 
which Belonged to the Aforesaid Peter Graves, & make & execute 
a good deed or deeds of the Same, he giving proper caution to 
the Judge of Probate for the Said County of middlesex that After 
the payment of the debts, charges of Sale, & Administration the 
remainder Shall be distributed According to Law. [Passed June 27. 



CHAPTER 122. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 112. 
Mass. 
Archives, 
ccxiv., 296. 

Mass. 
Archives, 
ccxiv., 299; 
cclxxxiv., 53. 



RESOLVE FOR RAISING TWO REGIMENTS FOR THE DEFENCE OF 
THE NEW ENGLAND STATES. 

Resolved that two regiments of Infantry be forthwith raised for 
the Defence and security of this and the other New England 
states, for the term of six Kalender months from the first Day of 
July Next unless sooner Discharged, to be upon the continental 
Establishment, and each non commissioned officer and soldier to 
receive as a bounty the sum of twenty shillings for each Kalender 
mounth Duering his Continuance in service — and each noncom- 
missioned officer & Privet soldier shall equipt himself with a good 
fire arm and Bayonet, a Cartrige Box, Knapsack and blanket, and 
Wooden Bottle or canteen that will [holdl one Quart, Except such 
as shall Produce a Cirtifacate from the Officer that he is Inlisted 
and is not able to furnish himself, in that Case, the Board of war, 
or Comm^y General are hereby Directed to furnish such Soldier 
with a Gun Bayonet and Catridg-box and canteen the afores*^ 
Officer Giving his security for the Value of s*^ arms to be Paid 
for unless Returned and if Returned to Stop six shillings out of 
the soldiers wages for the use of s** arms and Pay the same into 
the Treasury of this state and that no nooncommissioned officer or 
Privte soldier be allowed to Pass muster unlss So equipped and 
Provided — and that the men so raised equipped & muster'' be im- 
mediately marched to the State of Rohdisland their to Do Duty 
under the Command of Genral Spencer or other the commanding 
officer in that Department 'till the further order of the Genral 
Court — and it is further 

Resolved that the following Persons be oppinted feild officers for 
the above Regiments (Viz) John Robinson Co", John Jacobs Left 
Co", Frederick Pope Maj\ Danforth Keys Co", John Pain Left 
Co", Nathaniel Wade Maj', and that each of the aboves** Regi- 
ments Shall consist of Eight Companeys & each company of one 
Captain two Lieutenants one Ensign & Eighty six Noon com- 
missioned offoicers & Privets and the feild officers Shall Give out 
beating orders & inlestments to the Captins and Sublterns for 



[1st Sess.] Resolves, etc. — 1777-78. 53 

their respective Regiments which beating orders shall be of the 
form following viz 

To You are hereby impowered immediately to Inlest into 

the sarvice of this state a company of Eighty six effective men 
including nooncommissioned officers to continue in sarvice till the 
first Day of January Next and that you cause said men to Pase 
muster as soon as may be Day of 1777 

and that s"^ Inlistments shall be of the form following (Viz) 
We the subscribers Do hearby severally inlist ou[rselves] ^ into the 
sarvice of the massachusetts State to contin[ue in] ^ sarvice till the 
first day of January next unless sooner [discharged] ^ and each of 
us Do ingage to provide ourselves with a [good] ^ fire Arm & Bay- 
onet, Cartrige Box, Knapsack & Blanket a Wooden Bottle or Can- 
teen and to Do Duty in either of the New England states & we 
Engage faithfully to Obey such orders as we shall recive from time 
to time from the officers that are or shall be oppointed over us 
and to be subject to such Regulations as [are] ^ Provided for the 
Continental Armey Dated this and that the several muster- 

masters Appointed to muster our Quota of the Continental armey 
be and hereby are impowered & Directed to muster the two Bat- 
tallions aforesaid & to pay each Non Commissioned officer & 
private Soldier so muster'' Three pounds in part of the afores** 
Bounty of Twenty Shillings [p'' Kallander month] ^ & also make 
return of those whom they shall muster to the Councel once 
in three weeks, and the Councel are Desier'd to furnish the sev- 
eral Muster Masters with Money for that purpose out of the 
Treas^ of this State & to Give their orders to the officers Directing 
them to cause the men as soon as infested & muster'' to march 
immedeately to Rhode Island as afore said — 

Also 

Resolved That there be allowed to each noncommission'd Officer 
& Private Soldier two pence <p mile travel from the place whence 
they shall march to the Place of Rendezvous in lieu of Rations 
And the Selectmen of the several Towns from whence the men 
shall march are directed to pay the same & lay their Accounts 
before this Court for allowance. [Passed June 27. 



CHAPTER 123. 

RESOLVE ON THE PETITION OF INHABITANTS OF NORRIDGEWALK. 

On the Petition of a Number of the Inhabitants of Norridge- Legislative 
walk on Kenebeck River praying that a Guard may be station'd cou'^'"'y °^ *^® 
on said River — xxxvii. (2nd 

Resolved That Coll William Howard be and he hereby is im- Masi.'^^*' 
powerd to raise by Inlistment, a party to consist of one Sergeant, Y^^'-^^iq 
and five Private Men, said Party to remain in service of this State 



untill the first Day of December next unless sooner discharg'd by Archiyea, 
said Howard, to be employed as a Scouting Party on the Frontiers cixxxiu., 12,12a. 
of the Inhabitants on Kenebec River at such convenient place 
or places as the said Howard shall order — Said Sergeant to be 
allowed and paid out of the Public Treasury of this State the Sum 
of fortyeight shillings and each of the said Privates the Sum of 
forty shillings p Calender Month — Also six shillings f? Week each 
for their subsistence — And it is further 

Resolved That the Commissary General be and he is hereby 
directed to deliver to Capt Abiel Lovejoy six good Fire Arms, six 

1 Inserted from Legislative Records of the Council. 



54 



Resol\t:s, etc. — 1777-78. [Chaps. 124-126.] 



pounds of Powder, and Ball answerable — Also one dozen Flints, 
to be by him conveyed to the aforesaid Howard, for the use of 
said Party while in said Service — to be accounted for, by those 
who shall receive the same. [Passed June 28. 



CHAPTER 124. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 117. 
Mass. 
Archives, 
ccxiv., 315. 

Mass. 
Archives, 
ccxiv., 314. 



RESOLVE ON THE PETITION OF JAMES R. MILLER. 



Resolved that the Agents for the Armed Vessels 
& hereby [are] directed to deliver to the Petitioner 
the thirty peices of Linnen which appears to this 
private Adventure or otherwise to pay him one 
L money out of the Sale of the Ship Lonsdale & 
tur'd by Capt Harrenden of this State. [Passed 



of this State be 
James R. Miller 
Court to be his 
hundred pounds 
her Cargo Cap- 
June 30. 



CHAPTER 125 



RESOLVE APPOINTING A COMMITTEE TO SUPERVISE THE PRINT- 
ING OF THE NEW EMISSION OF BILLS OF PUBLIC CREDIT. 



Legislative 
Records of the 
Council, 
XXX vii. (2nd 
part), 117. 
Mass. 
Archives, 
ccxiv., 321. 



Resolved that M"" Ebenezer Wales & Maj'' Jacob Davis be & 
hereby are appointed a committee to attend at M'' Hurds while he 
is striking oif or making the impression for borders round the 
Notes last ordered by the General Court to be emitted, and that 
said committee take possission of the plate and keep the same in 
some safe place while not in immediate Use, and deliver the plate 
when a sufficient number of sheets are struck off to the Treasurer 
of this State or such other person or Persons as this Court shall 
order — And that they diliver no sheets when impressed or struck 
off to any other person except one of the committee hereafter ap- 
pointed to inspect the printing said Notes And that they take a 
Receipt for all they may so diliver. Also 

Resolved that Nehemiah Thomas Esq'" & Nath^ Reynolds Esq"" 
be and hereby are appointed a Committee to receive of the Com- 
mittee first mentioned all the sheets which may be impressed or 
struck off by M"' Hurd and cause the same to be printed, that 
they carefully inspect the printing press, and diliver to the com- 
mittee appointed by the Act for making & emitting said Notes 
to countersign the same, all the sheets which shall be so printed 
and take receipt therefor. [Passed June 30. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 119. 
Mass. 
Archives, 
ccxiv., 320. 



CHAPTER 126. 

APPOINTMENT OF ELISHA PORTER AS COLONEL OF THE 4™ REGI- 
MENT OF MILITIA IN HAMPSHIRE COUNTY. 

In the House of Representatives 
The House made choice by ballot of Elisha Porter Esq' as 
Colonel of the fourth Regiment of Militia in the County of Hamp- 
shire in the room of Coll How displaced. 
In Council 
Read & Concurred. [Passed June 30. 



[1st Sess.] Resolves, etc. — 1777-78. 55 



CHAPTER 127. 

RESOLVE PROVIDING FOR WAGES OF THE MATROSSES TO BE RAISED Legislative 

FOR THE EXPEDITION TO NOVA SCOTIA. Records of the 

L.ouncu, 
xxxvii. (2nd 

Resolved that the Matrosses to be rais'd for the Expedition to Pf^gi' "^" 
Nova Scotia shall be entitled to the same Pay as the Matrosses Archives, 

that are engaged upon the Continental Establishment. [Passed '^"^•' — '- 

June 30. 



CHAPTER 128. 

RESOLVE DIRECTING CALDWELL & BLACK TO PAY £53. 2/ TO JOHN 
MASON OF BARRE. 

Whereas the Agent of John Caldwell & John Black of Barre in Legislative 
the County of Worcester on the 4'^ Day of June instant delivered coS°^*^^ 
into the hands of a member of this House the sum of fifty three xxxvii. (2nd 

part) 119 

Pounds two shillings lawfull money, which money was the sum Mass' 
total of an Account of the Time & expence of the Committes of ^^jSv.yiib. 
Safety &c of the Towns of Barre, Hardwick, New Braintree & 
Oakham in s*^ County at two meetings in s'* Town of Barre upon 
Complaint against s** Caldwell, Black &c, and of the Charges of 
the Evid[ence] which attended the Gen' Court of this State at the 
Time of Tryal, viz, on the fifth Day of Feb'' last, which sum of 
fifty three Pounds two shillings was by consent of s** agent to have 
been delivered into the hands of the agent of s*^ Committees on 
condition the Praye[r] of the Petitions of s** Caldwell & Black 
then before this House, should so far be granted that they should 
have liberty to return from the comon Goal in s'' County to their 
respective Farm[s] under such restrictions as the s*^ Gen' Court 
should judge proper. 

And whereas the Prayer of s'' Petitions was granted as aforsaid, 
the Court being at that Time certified that the said sum of 
fifty three Pounds two shillings was ready for the C[om]mittees 
and Evidence as aforsaid, yet the said Agent for the s'' Caldwell 
& Black has recived s** money into his own hands again & the said 
Caldwell & Black are returned to their Farms as aforsaid without 
payment thereof. 

Therfore, 

Resolved that the said Caldwell & Black forthwith pay into the 
hands of M"^ John Mason of Barre the s** sum of fifty three Pounds 
two shillings, he giving them a Discharge therefor in behalf of said 
Committees and Evidence aforsaid, or otherways be by the Sheriff 
of the said County recommitted to the Goal aforsaid, there to re- 
main untill the payment thereof and the Charges arising from this 
Process, any resolve to the contrary notwithstanding. [Passed 
June 30. 



CHAPTER 129. 

APPOINTMENT OF JABEZ HATCH AS COLONEL OF THE BOSTON Legislative 

REGIMENT. Records of the 

Council, 
, xxxvii. (2nd 

In the House of Representatives part), 120. 
The House made choice bv ballot of Jabez Hatch Esq as Colonel Archives, 
of the Boston Regiment of Militia — '^"^- ^^^- 



In Council 
Read & Concurred. [Passed June 30. 



56 



Resolves, etc. — 1777-78. [Chaps. 130-132.] 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 118. 
Mass. 
Archives, 
clxxxii., 266a. 

Mass. 
Archives, 
clsxxii., 266. 



CHAPTER 130. 

RESOLVE ON THE PETITION OF ABIGAIL GALLOP. 

Resolved that Abagall Gallop with her Children be and hereby is 
Premitted To Pass From hence To Rhodeisland agreable To her 
Petition, [Passed June 30. 



CHAPTER 131 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 106. 
Mass. 
Archives, 
ccxiv., 342. 

Mass. 
Archives, 
ccxiv., 341. 



RESOLVE PROVIDING THAT GUARDS BE RAISED FOR THE CONTI- 
NENTAL MAGAZINES AND STORES. 

The Committee to whome was referd, the Consideration, of A 
Letter from General Heath, to the Council of this State, & Report 
what was to be dun there on have attended that Service and begg 
leave to Report by way of Resolve 

Jedidiah Preble ^ order 

Resolved, that the Brigadier of the County of Hampshire be 
directed to detach one Captain & two Subalterns & to draft from 
such Parts or Towns of the said County as he shall judge most 
reasonable Two Serjeants, four Corporals one Drum one Fife and 
Sixty Privates, & the Brigadier of the County of Worcester be 
directed to detach two Subalterns, & to draft from such Parts or 
Towns of the said County as he shall judge reasonable Two Ser- 
jeants, four Corporals, one Drum and Sixty Privates, which said 
officers & soldiers shall be posted in such Manner as General 
Heath, or other Commander in Chief of the Continental Army in 
this State shall direct, to guard the several Continental Magazines 
& Stores in Springfield & in Brookfield, & shall obey such orders 
and Directions relative thereto as they shall from Time to Time 
receive from such Commander in Chief, which said Officers & 
Soldiers shall be paid for their services according to the Conti- 
nental Establishment, & shall do Duty untill the first Day of Jan- 
uary next unless sooner discharged. 

And it is further 

Resolved that an Additional Number of one Subaltern & four- 
teen Privates from the County of Middlesex & one Serjeant & 
Eleven Privates from the County of Suft'olk, be drafted in the 
Manner & for the Purposes & be under the same Regulations as 
are appointed in the Resolves of this Court of the 14*'' Instant 
and that the Council be desired to issue their Orders accordingly. 
In Council 

Read & Accepted 

In the House of Representatives 

Read & Concurrd. [Passed July 1.^ 



CHAPTER 132 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 122. 
Mass. 
Archives, 
ccxiv., 338. 

Mass. 
Archives, 
ccxiv., 318. 



RESOLVE FOR CELEBRATING THE ANNIVERSARY OF THE DECLA- 
RATION OF AMERICAN INDEPENDANCY. 

The Committee of both Houses Appointed to consider a Suita- 
ble Method of Commemorating the Anniversary of American Inde- 
pendancy beg leave to report the following Resolve — 

Jer. Powell ^ order 

1 This date is June 26 according to Legislative Records of the Council. 



[1st Sess.] Resolves, etc. — 1777-78. 57 

Resolved that Some Suitable Person be requested to perform 
Divine worship & preach a Sermon Suitable to the Declaration of 
the Independancy of the thirteen United States of America on 
friday next being the fourth day of July at the Old Brick Meeting 
House in Boston, Service to begin at 10 o'Clock, being the Anni- 
versary of the Same, and that Col Crafts Train of Artillery with 
two feild peices, and the Militia of the Town of Boston with the 
Independant Company Appear under Arms at 12 o'Clock of said 
Day in Congress Street, and that the grand Salute of 13 Cannon 
be fired at the Castle, and by the Train under Col. Crafts in 
Congress Street. 
In Council 

Read and accepted & thereupon 

Ordered that Doct'' Charles Chauncey be and hereby is re- 
quested to preach the Sermon on Said anniversary 
In the House of Representatives 

Read & concurred 

And M' Davis M' Wendell & M"" Pitts are appointed to make 
suitable Provision for the decent observence of said Day. 
In Council 

Read & Concurred. [Passed July 1. 



CHAPTER 133. 

RESOLVE^REQUESTING DR. SAMUEL COOPER TO PREACH THE 
SERMON ON ANNIVERSARY DAY. 

Resolved that the Rev'^ D'' Sam' Cooper be & he hereby is re- Legislative 
quested to preach a Sermon suitable to the Declaration of Inde- councif °* ^^^ 
pendency on Friday next, (in the room of the Rev'' D"' Chauncy xxxvii. (2nd 
who has declined on account of his halth) agreeable to a Resolve Mass.' 
of the Court pass'd this day. [Passed July 1. ^Sv^lsi 



CHAPTER 134. 

RESOLVE IMPOWERING CAPT. JACOB BORDMAN TO DELIVER SALT 
TO THE SELECTMEN OF SUNDRY TOWNS IN ESSEX, MIDDLESEX 
AND WORCESTER COUNTIES. 

Wheras this Court by there Resolve of the 13"' of June Last, R^||,^^H**^f .u 
Directing the Agents of this State and the Committe of Sequestra- Council, 
tion, to Deliver to the Selectmen (or order) of Sundry Towns in ^t)"'i23^'^ 
the Countys of Essex Middlesex, & Worcester, a Quantity of Salt Mass.' 
Specified in a Schedul annext to S** Resolve, which is now De- cexiv., 336. 
posited in the Towns of Newbury Port and Bradford, and as it is 
found Inconveanent for the S'' agents &c to Deliver out the Same 
It is Therefor 

Resolved that Cap' Jacob Bordman be and he hereby is Im- 
power'd and Directed, to Deliver out the Same, in the Same 
Manner, as the Agents &c ware Directed in the Resolve afor s"', he 
being accountable to this Court for the Money he Shall Receive 
for the Same, any Resolve to the Contreary notwithstanding. 
[Passed July 1. 



58 



Resolves, etc. — 1777-78. [Chaps. 135-137.] 



CHAPTER 135. 



RESOLVE ASSIGNING FRANCIS SHAW AND OTHERS TO COL. M^'COBB'S 

REGIMENT. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 123. 
Mass. 
Archives, 
ccxiv., 335. 



The Committee of Both Houses appointed to Consider a letter 
from Francis Shaw of Gouldsborough have attended that Service 
and Ask leave to report by way of Resolve — 

John Taylor Pr order 
Resolved, that Francis Shaw and all the men which have marched 
with him to the Assistance of M'' Allen at the River S' Johns in 
the Province of Nova Scotia, shall be considered as Part of Col° 
M'^^Cobbs Regiment and shall be intitled to Pay and Subsistance 
from the time they engaged in the Service. 
In the House of Representatives 
Read and accepted 

In Council 
Read & Concurred. [Passed Jtdy 1. 



CHAPTER 136 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 124. 
Mass. 
Archives, 
ccxiv., 330. 

Mass. 
Archives, 
ccxiv., 331-333. 
Pro\'ince 
Laws, xiii., 
558, chap. 251. 



RESOLVE ON THE PETITION OF DAVID POWER, A PENSIONER. 

On the Petition of David Power setting forth that in Consid- 
eration of the Wounds he received in the Expedition against Louis- 
bourgh in the Year 1745, a Pension of three Pounds six Shillings 
p Annum was granted him by the Great and general Court of this 
State — then Province, and that there is due to him, since the Be- 
ginning of Ap[r] last, two Years Pension, and praying that he 
may be entered on the Records of this State as a Pensioner for 
Life, 

Resolved That the said David Power be paid out of the Treas- 
ury of this State the Sum of Six Pounds twelve Shillings for Ar- 
rearages of his former Pension, and that hereafter he be paid 
annually the Sum of three Pounds six Shillings during his natural 
Life. [Passed Jtdy 1. 



Legislative 
Records of the 
(Council, 
xxxvii. (2nd 
part), 125. 
Mass. 
Archives, 
ccxiv., 327. 

Mass. 
Archives, 
ccxiv., 328, 329; 
cclxxxiv., 54. 



CHAPTER 137. 

RESOLVE DIRECTING THE BOARD OF WAR TO FURNISH SUPPLIES 
FOR CAPT. ELISHA NYE'S COMPANY. 

Whereas Benony Nicholson Commasary to a Company sta- 
tioned at tarpaulon Cove on Norshan Island under the Command 
of Capt Elisha Nye has petitioned this Court for forty bariles of 
flour six barreles of beaf and one hogsd of molases — 

Resolved that the prayer of the petition be so far granted as that 
the bord of war be directed to deliver to said Nicholson forty 
barales of flour and six barales of beaf for the use of said Com- 
pany he to be acountable to this Court for the expenditure of the 
same. [Passed July 1. 



[1st Sess.] Resolves, etc. — 1777-78. 59 



CHAPTER 138. 

RESOLVE ON MEMORIAL OF THE COMMITTEE OF DONATIONS TO 
THE TOWN OF BOSTON. 

Resolved that the Committee of Donations to the Town of Bos- Legislative 

ton be allowed out of the public Treasury of this State, the Sum of coundf °^ ^'^^ 

£14.8. lO'l^ which Sum was expended in Supplying the Small Pox xxxvii. (2nd 

Hospital belonging to this State, and also the further Sum of £7.9 5!:^—^ — : 

Expended on the Poor which belonged to this State, and also the Archives, 

further Sum of £127.17.5^^4 Expended to Supply the Prisoners ccxiv., 325, 326. 
taken at Bunker Hill in the Year 1775, and the Treasurer is hereby 
directed to charge this last Article of charge to the Continent. 
[Passed July 1. 



CHAPTER 139. 

RESOLVE PROVIDING FOR THE PAYMENT OF BOUNTIES TO THE 
MEN RAISED FOR THE EXPEDITION TO ST. JOHNS RIVER. 

Resolved That the Sum of eight Thousand two Hundred & fifty- Legislative 
Six Pounds be paid, by the Treasurer of this State, unto Briga- counctf, °^ *^® 
dier-General Jonathan Warner, for the payment of the Bounties xxxvii. (2nd 
ordered by this Court to be paid to the two Regiments which are Mass.' 
ordered to be raised for the Expedition to S' John's River in Nova- ^(.x'iv'^32'3 
Scotia; he, said Warner delivering to the Several Muster-Masters ' 

appointed for this Service, such parts of said Sum, as he Shall 
judge necessary, & taking Bond of them Severally agreeable to the 
Resolve relative to this matter. Any Resolve of Court, impowering 
the Council to furnish said Muster-Masters with Money to pay 
said Bounties, to the contrary notwithstanding — Said Warner to 
be accountable for Said Sum. [Passed July 1. 



CHAPTER 140. 

RESOLVE GRANTING £19 TO JOSEPH TRUMBLE. Legislative 

Records of the 
Council, 

Resolved that there be paid out of the Publick Treasury of this xxxvii. (2iid 
State the Sum of Nineteen pounds to Joseph Trumble to Enable Mass.' 
him to pay the Doct^ Bill & defray the Necessary charges of his 4x1^^324 
Sons Sickness. [Passed July 1. '- 



CHAPTER 141. 

RESOLVE APPOINTING A COMMITTEE TO SUPERVISE THE PRINT- 
ING OF THE RESOLVES FOR 1776. 

Resolved That William Cooper Esq. M"' Jonathan Hastings and Legislative 
Increase Sumner Esq"", be a Committee to see that the Resolves of Counciu^ 
the General Court for the Year 1776 be printed agreeable to a ^^^'\2t^^ 
late Resolve of said Court, without delay, and also to correct the Mass.' 
Press — in the room of M' Wendell, M' Sewall and M' Brown cc3dv.y322. 
excus'd. [Passed July 1. 



60 



Resol\'es, etc. — 1777-78. [Chaps. 142, 143.] 



CHAPTER 142. 



RESOLVE TO ENCOURAGE THE MANUFACTURE OF CARD WIRE. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part). 128. 
Mass. 
Archives, 
ccxiv., 351. 



Whereas, it is necesary to the very existance of this free and 
Independant State that we encourage every usefull Manufacture 
among our Selves so as to preclude as far as Possible, any de- 
pendance upon foreign States for any Nessary Article; and as 
Wire for making Wooll Cards is necessary and large quantities 
thereof are much needed for this State Therefore 

Resolved That there be granted out of the publick Treasury of 
this State to the Person or Persons who has erected or Shall erect 
within this State a Water Mill for drawing Card-Wire and shall 
therewith make out of Iron of the growth and Manufacture of this 
or any other of the united States of America the first thousand 
pounds weight of good merchantable Card Wire that shall be 
manufactured within this State by any one Such Mill as aforesaid 
of the Size commonly used in this State for making Wooll Cards, 
provided it be so made and disposed of to the inhabitants of this 
State for their use on or before the first day of January 1779, the 
Sum of one hundred Pounds as a Bounty; to ascertain which, the 
Person that shall be intitled to said Sum Shall make Solomn Oath 
or affirmation before some Justice of the Peace in the County 
wherein Such Wire shall be made that the said quantity of Wire 
of Said quality was made as aforesaid, Specifying the Town where 
made and the names of the persons to whom sold or by whom 
used within this State or remaining in the makers hands; also 
producing a Certificate under the hands of the Major part of the 
Selectmen and Committe of Correspondence &c of Such Town that 
they verily believe Such Wire was made as aforesaid And the Treas- 
urer of this State for the time being such Proof being produced 
as aforesaid Shall pay such bounty as afore"^ to the Claimer — 

Also 

Resolved that a bounty of seventy five Pounds be Granted, in 
manner as aforesaid to the person or persons who shall make the 
second like quantity of such Wire from another like Mill within 
this State and within said Term and Shall exlaibit like proof of the 
Same — And that a bounty of Fifty Pounds be granted in like man- 
ner to the Person or Persons who Shall make the third like cjuan- 
tity of Such Wire from another like Mill within this State and 
within said Term and shall exhibit like proof of the Same. As 

in the former Cases: and upon Such proof as aforesaid the Treas- 
urer of this State for the time being is directed to pay said Boun- 
ties in Like manner as is directed in the first foregoing Resolve, 
Provided always that said Wire be Sold to the Inhabitants of this 
State to be used for the benifit thereof. [Passed July 2. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 129. 



CHAPTER 143. 

RESOLVE DIRECTING THAT THE CONTINENTAL CONGRESS BE IN- 
FORMED CONCERNING THE PROPOSED EXPEDITION TO ST. JOHNS 
RIVER. 

In Council 
Resolved That Copies of what this Court have done relative to 
the Expedition to S' John's River together with the most au- 
thentic accounts of the present Strength and Situation of our 
Enemies at Halifax and other Parts of Nova Scotia and the Gen- 



[1st Sess.] Resolves, etc. — 1777-78. 61 

eral Disposition of the Inhabitants of that Province, be imme- 
diately transmitted to Congress, accompanied with a Represent- 
ation of the Motives of our Conduct and our inability to raise 
any further considerable Number of Men for that Service, and 
praying their Direction in the Premises, and that Joseph Palmer 
Esq' be a Committee with such as the Hon'''* House shall appoint 
to report the Draft of a Letter to the Hon'"''' Congress representing 
the Motives of this Court relative to said Expedition to s' John's 
River in Nova Scotia — 

In the House of Representatives 
Read & Concurred and M"" Partridge and Col° Orne are Join'd. 
[Passed July 2. 

CHAPTER 144. 

RESOLVE ALLOWING FULL PENSION TO MOSES WING. Legislative 

Records of the 
Council, 

On the Representation of John Lucas Commisary of Conti- p^tf'iscT'^ 
nential Pinsioners, in behalf of Mosses Wing, Late a Drumer in Mass' 
Cap' Dimond Mortons Comp'' & in CoP Knoxes Rigm' of artilr^ — ccxivjlle. 

Resolved that the said Mosses Wing is Intiteled to a full Pension ^j[^_ 
to Comence from the 31' day of Decern' 1776. [Passed July 2. ArcMves 

'' \. o ccxiv., 347- 

348}^. 



CHAPTER 145. 

RESOLVE PROVIDING FOR THE REINFORCEMENT OF THE NORTH- 
ERN ARMY. 

The Committe of both Houses appointed to consider General R^lordsofthe 
Schuylers letter this day Received beg leave to Report the follow- Council 
ing Resolve. Artemas Ward ^ order pl^t),'i30. 

Resolved that the Brigadiers in the Counties of Hampshire and Archives. 
Berkshire, or in their absence the next commanding officers in ccxiv., 349, 350. 
Each County, be and hereby are directed, to muster and march ^f(f^ves 
such and so many of the Militia as is in their power to march in cxcvH., 207. 
their respective Counties, under proper Officers, to Fort Edward Relords^olthe 
or Fort Ann for the Reinforcment of the Northern Army, untill ^j^""w2nd 
the same can otherways be supported, and the Council are desired part), 128. 
to Issue their Orders accordingly. 

In the House of Representatives 

Read and accepted and 

Ordered that the Officers & privates who shall march from either 
of said Counties in consequence of this Resolve or Order, or who 
have marched or shall march in consequence of General Schylers 
Letter or information sent to either of those counties requesting 
their aid, to reinforce the American Army at or near Ticonderoga, 
shall be intitled to & paid the same W^ages and Other allowances 
for the time they continue in service as the Officers and Privates 
were respectively paid or allowed who have heretofore on like occa- 
sions marched from said Counties for the defence of Ticonderoga. 
In Council 

Read & Concurred. [Passed July 2. 



62 



Resolves, etc. — 1777-78. [Chaps. 146-149.] 



CHAPTER 146. 

RESOLVE DIRECTING PELATIAH T\'EBSTER TO PAY THE NET PRO- 
CEEDS OF THE SALE OF SLOOP BETSEY INTO THE TREASURY. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 131. 
Mass. 
Archives, 
ccxiv., 343. 

Mass. 
Archives, 
ccxiv., 344, 345. 



On the Petition of Pelatiah Webster for Liberty to pay the 
Nett Proceeds of the Sloop Betsey to Abiel Wood of Pownalbor- 
ough or his Order, 

Resolved that the said Webster be and hereby is directed to pay 
the Nett Proceeds of the said Sloop into the Treasury of this 
State, there to remain until the further Order of the General 
Court, and that the Receiver General upon receiving the Said 
Proceeds from Said Webster shall give him a Discharge for the 
same. [Passed July 2. 



CHAPTER 147 



RESOLVE ON THE PETITION OF THEOPHILUS CLARK. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 132. 
Mass. 
Archives, 
cclxxxiv., 56. 



On the Petition of Thophilus Clark, 

Resolved that their be alowed & Paid out of the Publick Treas- 
ury the Sum of Ten Pounds & Ten Shillings unto Said Thophilus 
Clark; which is in full for his wagers & ace'; and the Treasu[rer] 
of this State is directed to Pay the Saim. [Passed July 2. 



CHAPTER 148 



RESOLVE PROVIDING FOR THE EXCHANGE OF DR. BENJAMIN 

CHURCH. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 132. 



Archives, 
ccxiv., 352. 



Mass. 
Archives, 
ccxiv., 353. 
Province 
Laws, xix., 
158, chap. 402. 



Whereas it has been represented to this Court that Doctor 
M^Henry now a prisioner with the British Troops will be im- 
mediately exchanged for Doct' Benjamin Church on his being sent 
to New-York — Therefore 

Resolved that the Honble Council of this State be And they are 
hereby desired to cause said Doct' Church to be sent as soon as 
may be to Rhode-Island to be forwarded to New York in such 
way and manner as to the Council may seem fitt, in Order to be 
exchanged for said Doctor M'^Henry, and that said Church con- 
tinue in confinement till put on board the Cartel vessel in which 
he may depart and that he be thoroughly searched to prevent his 
carrying any papers with him which may be detrimental to the 
American Cause. [Passed July 2. 



CHAPTER 149 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 133. 
Mass. 
Archives, 
cclxxxiv., 55. 



RESOLVE ON THE PETITION OF NATHAN BEARD. 

On the Petition of Nathan Beard Seting forth that He served 
as a Provincial Soldier in the Companies of Cap' John Harnden and 
Sam" Gridley during the Space of 3 Months and Some Days in 
the Year 1775, and being Sick when their Muster Rools were made 
up, he was made up 2 Month Short of what he ought to have 
been, Wherefore 



[1st Sess.] Resolves, etc. — 1777-78. 63 

Resolved That there be paid out of the publick Treasury of this 
State to the Petitioner the Sum of Four Pounds 3/ in full for 
Service in the S*^ Capt^ Harnden's and Gridley's Companies in the 
Year 1775. [Passed July 2. 



CHAPTER 150. 

RESOLVE PROVIDING FOR PAYMENT OF THOSE WHO MARCHED TO 
RHODE ISLAND AGREEABLE TO ORDER OF APRIL 12, 1777. 

Whereas no Provision has been made by this Court for the Legislative 
Payment of the Wages due to those officers & Private Soldiers Coundf,° 
who march'd from the County of Bristol to the State of Rhode p^t)"i34'^'^ 
Island, for their Defence by Order of Council Dated April 12 1777, Mass.' 
(except only the Bounty allow'd by this Court), & whereas for ccxiv.,35'5. 
want of Orders to the Commanding Officer of the Continental Province 
Forces in this State, Payment for the said Service cannot be ob- Laws xix., 88O, 
tain'd from the Continental Pay Master, Therefore 

Resolved That the several officers who march'd with their Com- 
pany's agreable to the foregoing Order of Council be allowed to 
exhibit their Rolls properly attested & vouched to the Committee 
for examining Muster Rolls, who are hereby empowerd to examin 
& pass upon such Rolls, & the Treasurer of this State is hereby 
Order'd to pay the Sums which shall be found due on s** Rolls, & 
charge the same to the Continental Account. [Passed July 3. 



CHAPTER 151. 

RESOLVE ON THE PETITION OF WILLIAM FROST, LATE COMMIS- Legislative 

SARY AT FALMOUTH. Coundf, "^ 

xxxvii. (2nd 

On the pertion of William Frost Late Commisary at Falmoth Masi.' ^^' 
praying for alowance for wood that he Suplyd the Solders with — "^1^^357 

Resolved that the Board of war be Impowered to Sottel with - — - — ' 

William Frost for one hundred and Seven Cord and four feet and Archives, 
half of wood which he has suplyd the Soldars with. [Passed '^^'^•' 35^- 
July 3. 

CHAPTER 152. 

RESOLVE ON THE PETITION OF JOSEPH HOLMES & OTHERS. 

On the Petition of Joseph Holms John Holms and Thomas Legislative 
mahew who were Captured in the Brig Independance and after coundf, °^ *^^ 
makeing thier Escape were at considerable Expence and Trouble ™^^il^=°^ 
to get home to thier Families, Being deprived of the benefit of Mass.' 
thier wages. ^^^^1%, 



Resolved that thier be Paide oute of the Publick Treusury the Mass" 
sum of six Pounds to each of the Petitioners to Innable them to Archives 
Pay thier Expences from Hallafax to thier several Places of Resi- ^^^'' 
dence in lieu of Rations. [Passed July 3. 



64 



Resolves, etc. — 1777-78. [Chaps. 153-155.] 



CHAPTER 153. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 136. 
Mass. 
Archives, 
ccxiv., 354. 



RESOLVE PROVIDING FOR THE REMOVAL OF CATTL^i: AND SHEEP 
FROM ISLANDS IN BUZZARDS BAY. 

Whereas it has been represented to this Court, that there is a 
large number of Cattle and Sheep on Several of the Islands in 
Buzards Bay known by the name of Elizabeths Islands, that 
Said Stock are owned by Some of the Inhabitants of the Town of 
Dartmouth and John Wing of Sandwich who neglect to remove 
Said Stock, and so long as they remain there, are Exposed to the 
ravages of the Enemies of the united States, 

Therefore 

Resolved that the Committe of Inspection and Safty in the Town 
of Dartmouth, are hereby Authorized and directed immediately 
upon their receiveing this Resolve, to acquaint Said owners with 
the Contents thireof, and in 'case Said owners refuse forth with to 
take off Said Stock, (by them respectively owned) from Said 
Islands, that then Said Com'^" are hereby directed to remove 
all, or so much of said Stock as to them may appear necessary, 
they keeping a particular account of the Numbers and Marks of 
Said Creatures. And it is further 

Resolved that Said Com'"" make Sale of all the Stock by them 
so taken, att publick Vendue, they Observeing the Rules and 
directions of the law for the sale of personal Estate, taken by Col- 
lectors of Taxes, and to render an account of the proceeds of Said 
Sale, to this Court as soon as may be, unless the respective owners 
of said Stock consent to receive of said Com'" the proceeds of 
said Sale, first deducting to Said Com'** a reasonable reward for 
their time and Expences. [Passed July 3. 



CHAPTER 154. 

RESOLVE DIRECTING THE SECRETARY TO EMPLOY A CLERK TO 

COPY RESOLVES. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 137. 
Mass. 
Archives, 
ccxiv., 361. 



Resolved That the Secretary be and he is hereby directed to 
employ on the best Terms he can some faithful Clerk whose im- 
mediate Business it shall be to copy all Resolves that shall pass 
this Court, as soon as they shall pass, in order that they may be 
forthwith printed agreeable to the directions of Court. 

And when such Clerk shall not be engag'd in this business that 
he be employed in the other Business of the Office. [Passed 
July 8. 



CHAPTER 155 



Legislative 
Records of the 
Council, 
xxxvii. (2Dd 
part), 137. 



RESOLVE ON THE PETITION OF SOLOMON MUNROE. 

On the Petition of Solomon Munroe, praying for Allowance 
for Sundry Joiners tools by him Supplied this State — 

Resolved That there be allowed and Paid out of the Treasury 
of this State to the Petitioner Solomon Munroe Five pounds four- 
teen Shillings and three pence in full of his account. [Passed 
July 3. 



[1st Sess.] Resolves, etc. — 1777-78. 65 

CHAPTER 156. 

RESOLVE MAKING AN ESTABLISHMENT FOR THE BOARD OF WAR. 

Resolved that the Sum of twelve shillings per Day be allowed j^^j^^ ^g ^| .j^ 
and paid to each Member of the Board of War for each Day they Council, 
shall attend the Business of Said Board — And the Sum of ten p^t'l'isl?'' 
shillings per Day to the Secretary of said Board for his service ^^^f^^^g 
the ensuing Year. [Passed July 3. ccxiv., 363. 



CHAPTER 157. 

RESOLVE DIRECTING THE TREASURER TO PAY THE AMOUNT DUE 
ON THE MUSTER ROLL OF CAPT. BENJAMIN PHILLIPS' COMPANY. 

Resolved That the Treasurer of this State, be and he is hereby Legislative 
impowered and directed to pay unto Cap' Benjamin Phillips, the coundf, ''^ ^""^ 
Sum due upon his Muster Roll, agreable to a Warrant of Council '^''™yj'ii|°'^ 
of this Day, he the said Benjamin Phillips giving Bonds in the Mass.' 
Sum of One Hundred Pounds to the said Treasurer, Conditioned ^xI^.Tsm. 
for the said Phillips's procuring Certificates from the Select Men 
of the Towns of Deerfield, Conway & Ashfield, from whence the 
Men borne on the said Roll went, that they found their own Arms 
or have return'd the same, and file the same Certificates with the 
said Treasurer within the Term of three Months from this Date — 
any Resolve of this Court to the contrary notwithstanding. [Passed 
July 3. 

CHAPTER 158. 

RESOLVE PROVIDING FOR PAYMENT OF MEMBERS OF STANDING 

COMMITTEES. 

Resolved that the Members of the House of Representatives who Legislative 
are the present Year on either of the following standing Com- coundf," * ^ 
mittees: Viz, of the Committee on Muster Rolls, Committee for ^^^^-^^^^ 

• • • • o • * 1 11 1 11 1 P3'''t), 138. 

givmg out commissions, & committee on Accounts, shall be allowed Mass. 
and paid out of the Treasury of this State whilst they respec- 4x1v'.y362. 
tively continue engaged in the Business of Such Committee, five 
shillings a day for one half the number of Days, or not exceed- 
ing that number, they shall respectively attend the business of 
such committee or in the House during any session of the General 
Court, and be made up in the pay Roll for the Other half or re- 
mainder of the time of such Attendence — and that the Committee 
on Accounts allow all such accounts as shall be agreable to this 
Resolve. [Passed July 3. 



CHAPTER 159. 

RESOLVE DIRECTING THAT THE SCHOONER INDUSTRY AND CARGO 
BE RESTORED TO THE LATE OWNER. 

The Com"'' of both Houses appointed to consider the Repre- Legislative 
sentation of the Com'^'' of Correspondence Inspection Safty of c^°°'c*if °^ **^® 
the Town of Salem have attended that Service & ask Leave to xxxvii. (2nd 
Report — P^'*^' ^^- 



66 



Resol^t^s, etc. — 1777-78. [Chaps. 160,161.] 



Mass. 
Arcliives, 
clxxxiii., 55, 56. 

Mass. 
Archives, 
clxxxiii., 47-54. 



That Cap' Richard Valpey mentioned in s*^ Representation is an 
Inhabitant of the Town of Yarmouth in the County of Cumber- 
land in the Government of Nova Scotia, the Inhabitants wherof 
have been great Sufferers By their attachment to the American 
Cause as is enpressed in a Resolution of Congress of the Sixth 
Day of May last, your Com""' likewise find that the said Valpey 
hath frequently exerted himself to relieve & comfort American 
Prisoners making their Escape from Halifax in s*^ Government — 

Therefore 

Resolved That the Schooner Industry lately taken by a Party 
of Cap' West's Company now in the Pay of this State at S' Johns 
River in Nova Scotia together, with her Cargo & Stores be im- 
mediately restored to the late Owner from whom she was taken, 
And the Committees of Correspondence &c of Machias and all 
other Persons concern'd are directed to carry this Resolution into 
Execution & the Navale Officer or Other Civil Officers are not to 
permitt the said Vessell to depart for Nova scotia 'till the further 
Order of this Court or of the Councill in the Recess. 
In Council 

Read & Accepted 

In the House of Representatives 

Read & Concurred. [Passed July 4-^ 



CHAPTER 160 



RESOLVE DIRECTING SAMUEL PHILLIPS & THOMAS CRANE, ESQ* 
TO RECEIVE DEFECTIVE POWDER. 



Legislative 
Records of the 
Council, 
xxxWi. (2nd 
part), 136. 
Mass. 
Archives, 
ccxiv., 367-369. 

Mass. 
Archives, 
ccxiv., 367- 
373)^2- Legisla- 
tive Records 
of the Council, 
xxxvii. (2nd 
part), 106. 



Whereas some of the Gunpowder made at Andover & Stough- 
ton, has been found defective, arising from a want of Sufficient 
experience in this new Manufacture; therefore 

Resolved That Samuel Phillips & Thomas Crane Esq", be, & 
they hereby are severally directed to receive into their respective 
Manufactories, all defective Powder which has been therein made, 
& to return to the State, as soon as possible a like quantity of 
good Powder; they to be accounted with by this State, for their 
re-manufacturing the same, in Such manner as the General Court 
may order. 

Also 

Resolved That William Burbeck Esq"" Inspector of Powder, be, 
& he hereby is directed to make experiments of divers mixtures 
and Ingredients for Gunpowder, & various methods of drying, & 
proveing the same; & to report to this Court, his discoveries 
therein, as Soon as may be. [Passed Jidy 4-^ 



CHAPTER 161. 

RESOLVE PROVIDING FOR THE APPOINTMENT OF OFFICERS TO COM- 
MAND THE GUARDS. 



Legislative 
Re^rds of the 
Council, 
xxxvii. (2nd 
part), 139. 
Ma.'is. 
Arcliives, 
ccxiv., 366. 



Whereas a resolve of this Court passed 14"' June 1777, in 
Consequence of General Heath® letter, that there be raised out of 
the militia of the Several Regiments in the Counties of Suffolk 
Worcester & middlescx Eighty Eight men including noncommis- 
sion'' officers, to Gaurd the Stores &c And further 

* This date is July 1 according to Legislative Records of the Council. 
' This date is July 3 according to Legislative Records of the Council. 



1st Sess.] Resolves, etc. — 1777-78. 67 

Resolved that one Captain & two Subalterns be appointed & 
Commissioned to Command the aforesaid Guards &c and Whereas 
the unnecessary multiplying of Officers is attended with bad Con- 
sequences — Therefore 

Resolved That the Brigadiers of the Several Counties afores*^ be 
and they hereby are directed to appoint one Captain & two Subal- 
terns from the militia Officers in their Brigades, to Command the 
Gaurds aforesaid, agreeable to said resolve, any former resolve to 
the contrary notwithstanding. [Passed July 4- 



CHAPTER 162. 

RESOLVE ADDING SAMUEL FREEMAN, ESQ., TO THE COMMITTEE Legislative 

ON PRINTING THE RESOLVES FOR 1776. Records of the 

Council, 
xxxvii. (2nd 

Resolved That Samuel Freeman Esq be added to the Committee ^^^^l' ^*'^- 
appointed to see that the Resolves of the General Court for the Archives, 
Year 1776 be printed without Delay &c. [Passed July 4- ccxiv., 374. 



CHAPTER 163. 

RESOLVE DIRECTING THE BOARD OF WAR TO APPLY TO GEN. 
HEATH FOR CONTINENTAL STORES, &c. 

The Com^™ of both Houses appointed to consider what further Legislative 
is necessary to be done in order to carry into effect the intended counclf °^ *'^^ 
Expedition to S' John's River in Nova-Scotia, report the following xxxvii. (2nd 

T) 1 T r> ' ir part), 140. 

Resolve. J : r almer p ord Mass. 

Resolved, That the Board of War be directed to apply to Maj'' ccxiv., 376. 



General Heath, for all Such Continental Stores & Provisions as Mass. 
are necessary for the Service in the Expedition to S' John's River ^^^ly'g 
in Nova-Scotia: And that the Board of War Supply any necessary 
Articles which General Heath cannot Supply. 
In the House of Representatives 
Read & accepted 

In Council 
Read & Concurred. [Passed July 4- 



CHAPTER 164. 

RESOLVE VESTING THE COUNCIL WITH CERTAIN POWERS DURING 
THE RECESS OF THE GENERAL COURT. 

Whereas it may be of public Utility that untill the next sit- Legislative 
ting of the General Court certain Powers should be vested in the Records of the 
Council other than those with which they are ordinarily cloathed xxxvii. (2nd 
therefore _ _ IH^^- 

Resolved That the hon^'^ Council during the recess of this 4x*iv^37'7 

Court & untill the next Sitting of the General Court be & hereby — '■ 

are fully authorized & impowered to nominate & appoint as Oc- 
casion may require such Commission Officers in any of the Land 
Forces, armed vessells or Vessells of War in the Service & Pay of 
this State & also in the Militia whose Places by Death or other- 
wise are vacant as to them shall appear necessary and put them 



68 



Resol^t:s, etc. — 1777-78. [Chaps. 165-167.] 



under the Command of such other Officer or Officers as they shall 
judge proper. 

And it is 

Resolved that the Council during the recess aforsaid be & hereby 
are also impower'd & authorized to treat with any Indians that 
may arrive in this State & make such Provision for them as they 
may judge necessary. 

And it is also 

Resolved that the major part of the Council during that time 
shall have full Power & Authority to examine allow & pass upon 
the Pay Rolls of the Sea Coast men & their Commissaries Ac- 
counts & also the pay Rolls of the Militia who have been in Serv- 
ice, any Act or Resolve to the contrary notwithstanding & that 
any Seven of them be & they hereby are Impowered to grant 
Warrants upon the Treasury for the Payment of the same and the 
Treasurer of this State is hereby directed to pay any such War- 
rants. [Passed July 4- 



CHAPTER 165. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 141. 
Mass. 
Archives, 
ccxiv., 378. 

Mass. 
Archives, 
ccxiv., 379; 
cclxxxiv., 57. 



RESOLVE DIRECTING THE BOARD OF WAR TO DELIVER PROVISION 
TO THE OVERSEERS OF THE POOR OF NEWBURYPORT. 

On the Petition of the Overseers of the Poor of the Town of 
Newbury port — 

Resolved that the Board of War be and they hereby are directed 
to deliver to s*^ overseers one Hundred & fifty Bushels of Indian 
Corn they paying for the Same. [Passed July 4' 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 142. 
Mass. 
Archives, 
ccxiv., 381. 

Mass. 
Arcliives, 
ccxiv., 382; 
cclxxxiv., 58. 



CHAPTER 166. 

RESOLVE ON THE PETITION OF THOMAS DURFEE. 

On the Pitition of Tho* Durfee Esq' — 

Resolved that the Board of War be & hereby are directed to 
deliver to Tho^ Durfee Esq"" One hundred & fifty bushells of Corn 
for the Use of the poor of the Town of Freetown he paying for the 

same. [Passed July 4- 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 142. 
Mass. 
Archives, 
ccxiv., 383. 



CHAPTER 167. 

ORDER APPOINTING A COMMITTEE TO SUPERVISE THE PRINTING 
OF BILLS OF PUBLIC CREDIT. 

Ordered That Cap' Joseph Hosmer & Mr William Henry Pren- 
tice be a Committee to attend at Mr Hurds while he is striking off 
the Notes last orderd to be emitted by the General Court, in the 
room of M"" Wales and Maj"^ Davis, excused — 

Also 

Ordered That Coll Israel Hutchinson be added to the Committee 
appointed to attend the Printing Press. [Passed July 4- 



[1st Sess.] Resolves, etc. — 1777-78. 69 

CHAPTER 168. 

RESOLVE ON THE PETITION OF WILLIAM GORDON. 

The Committee of both Houses appointed to take into consider- Legislative 

ation the within petition ask leave to report the following Resolve. Records of the 

On the Petition of William Gordon, Clerk. xxxvii. (2nd 

Resolved that he be & he hereby is permitted to file a Claim at ^fass.' ^^^" 

the next Superior Court to be held at Boston in the County of Ar^'^-^^Vy 

Suffolk for & in behalf of Joseph Parker (said to be the) owner of a ' 



Vessel mentioned in said petition, and that he may then & there Archives, 
be heard by Council as tho he had filed his claim in usual manner ^ixxxiu., 76. 
and form; Provided said Gordon serve Docf Calef or his Attorney 
with an Attested Copy of this Resolve Seven days before the 
sitting of said Court; and should the said Vessel be decreed to be 
the property of any Inhabitant of great Britain; the s*^ Court is 
hereby directed to order said Vessel so decreed into the hands of 
the agents for the middle District of this state, there to continue 
'till the further order of the General Court. 
In Council 

Read & Accepted 

In the House of Representatives 

Read and concurred. [Passed July J^. 



CHAPTER 169. legislative 

Kecords of the 
Council, 

APPOINTMENT OF CAPT. BENJAMIN KIMBALL AS PAYMASTER OF ™rt)"l44°*^ 
COL. M^COBB'S REGIMENT. Mass.' 

Archives, 
ccxiv., 384. 

Resolved that Cap Benjamin Kimball be and he hereby is ap- ^^^^ 
pointed Pay-Master for the Regiment to be rais'd for the Expedi- Archives, 
tion to Nova Scotia under the command of Coll M'^Cobb. [Passed ^^^^'^•' ^ • 
July 4- 



CHAPTER 170. 

RESOLVE ENTITLING PERSONS TO RECEIVE INTEREST ON NOTES 

ISSUED IN 1775. 

Whereas the General Court by their Resolve of the eighth of Legislative 
May last making provision for the redemtion of the Notes Issued Councif, 
in consequence of a Resolve of the late Congress of this State of ^rto'iis^'^ 
the third day of May 1775, ordered "that all Interest on said Mass.' 
Notes payable the first of June 1777 after that time cease and no ccxlv. 386. 
longer be payable" and as sufficient provision has not been timely 
made for redeeming or exchanging said Notes in the Manner 
pointed out in said Resolve of the eighth of May last and it ap- 
pearing reasonable that the Possessors of such notes should not 
suffer thereby — it is therefore 

Resolved that any Person possessed of any such Note and pre- 
senting the same for payment or to be exchanged before the first 
Day of September next shall be entitled to receive Interest thereon 
to the time of such presentment: And Interest shall be allowed on 
all notes presented after the said first Day of September next to 
that day & no longer any former Resolve to the contrary notwith- 
standing — And it is further 



70 



Resolves, etc. — 1777-78. [Chaps. 171-173.] 



Resolved that Increase Sumner Esq"" be of the Committee to 
countersign the notes which may be issued in consequence of the 
Resolve of the eighth of May aforesaid in the room of M"' Henry 
Hill excused. [Passed July 4- 



CHAPTER 171. 



RESOLVE TO ENCOURAGE THE MANUFACTURE OF SALT. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 145. 
Mass. 
Archives, 
ccxiv., 387. 



Resolved that there be paid out of the Treasury of this State a 
Bounty of three Shillings ^ Bushel for each and every Bushe[l] of 
good merchantable salt made and sold within this State produced 
from sea-water only, over and above what the manufactorer 
thereof shall need for his and his dependants private consump- 
tion, from and after the tenth day of July instant untill the first 
day of January next: and two Shillings ^ Bushel for each and 
every Bushell of the like salt made & sold as aforsaid from & after 
the first day of January next untill the first day of January A.D. 
1779, said Bounty to be paid to the manufactorer thereof, he 
making Oath before some Justice of the Peace within the same 
County where said salt shall be manufactored, or before the 
Clerk of such Town where no such Justice dwels, to the Quanty of 
good merchantable salt he has made & sold within the State as 
aforsaid, and also that he has not received, any Certifecate there- 
for, and the said Justice or Clerk Certifying of his taking the Oath 
aforsaid. [Passed July 4' 



CHAPTER 172 



Legislative 
Records of the 
Council, 
xxxvii. {2nd 
part), 141. 
Mass. 
Archives, 
ccxiv., 380. 



RESOLVE FOR PAYMENT OF MEMBERS OF THE BOARD OF WAR. 

Resolved that there be paid out of the Publick Treasury to the 
Several Members of the Board of War, the Sum of Twelve Shil- 
lings p"" Day each for each Days Attendance upon the Business of 
that Board, since their Appointment. [Passed July 4- 



CHAPTER 173 



RESOLVE FOR RETAINING DR. BENJAMIN CHURCH IN CUSTODY. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 147. 
Ma.ss. 
Arcliives, 
clxxxiii., 86. 

Mass. 
Archives, 
clxxxiii., 84. 



I^PON THE Petition of a number of Inhabitants of the Town of 
Boston & other Towns within this State praying that D'' Benj: 
Church may not be permitted to go in the Cartel now about sail- 
ing for Rhode Island. 

Resolved that the Sheriff for the County of Suffolk be & he 
hereby is impowered & directed to retain the s** D"" Church in safe 
Custody untill the further Order of this Court any previous Re- 
solve or Order to the contrary notwithstanding — & that the hon**'® 
Council be requested to transmit to the hon'''^ Continental Con- 
gress the Letter from Josh: Loring Commissary of Prisoners at 
New York proposing an Exchange of the s** D' Church for a D' 
M'Henry now a Prisoner with the Enemies of these States & ta 
request the Direction of Congress upon it. [Passed July 5. 



[1st Sess.] Resolves, etc. — 1777-78. 71 

CHAPTER 174. 

RESOLVE FOR SUPPLYING NAVAL OFFICERS WITH BLANK REGISTERS. 

Resolved That the President of the Council be and hereby is Legislative 
impowered and desired to sign Blank Registers for the Use of the councif,° * ^ 
Naval Officers in this State — agreeable to the Form establish'd by ^^if'i^-J^'^ 
this Court — And the Secretary is directed to fix the Seal of the Mass' 
State thereon and sign the same and deliver a suitable number to ccxlv.ysg's. 
each Naval Officer that may apply therefor, without Fee or Re- 
ward, until the farther Order of Court. [Passed July 5. 



CHAPTER 175. 



RESOLVE DIRECTING THE SECRETARY TO DELIVER THE RECORDS Legislative 
OF THE COMMITTEE OF SAFETY TO REV. WILLIAM GORDON. Coundf °^ *^^ 

i. l2nd 



Resolved That the Secretary of this State be, & he hereby is Mas*s.' 
rected to deliver to the Rev** Doctor Willian 
te Com'*^*^ of Safety's Papers, now in the Sec: 
taking a Receipt for the Same. [Passed July 5. 



directed to deliver to the Rev** Doctor William Gordon, all the ^^^^^"f^^ 
late Com'*^*^ of Safety's Papers, now in the Secretaries Office, he '■ 



CHAPTER 176. 

RESOLVE FOR SUPPLYING EPHRAIM LAWRENCE WITH SALTPETRE. 

Resolved that this State Supply Ephraim Lawrence with Two Legislative 
Tons of Saltpeter, to be Manufactured into Good Gun Powder counclf °^ **^^ 
he finding the Other Meterials, and to Deliver the Produce thereof xxxvii. (2nd 
to the Commisary General or at any Place Where this Court Mass.' 
Shall order — And that he be Allowed and Paid out of the Treas- ^^^^^^^f^x 

ury of this State Eight pence for Every pound of Good Powder ^^^^ ' 

so manufactured and Delivered Giveing Bond for the Performance Archives, 
of the Same. [Passed July 6. '='=^^- ''°2- 



CHAPTER 177. 

RESOLVE DIRECTING COL. CRAFTS TO ENGAGE MEN FOR SERVICE 

AT HULL. 

Whereas the time for which the Ninety men Engaged Who Legislative 
Were Inlisted out of the Militia of the Town of Boston to Do Records of the 
Duty in Col° Crafts Regiment for two Months is near Expireing xxxvii. (2nd 
and it Being Necessary that the Number of men Stationed att Hull Mas*s.' ^*^" 
Should not Be lessened att this time — Archives 

mi (. ccxiv., 400. 

Ihereiore 

Resolved that Col° Thomas Crafts be and hereby is Directed to 
Indeavor to Engage the Ninety men afore Said to Continue in the 
Service of this State and do duty in his Regiment at Hull for the 
term of two months from the time they are now Engaged for 
unless sooner discharged and to assure them they Shall be In- 
titled to the Same Pay and Subsistence that they were and are 
now Intitled to for the Last two Months, In Case any of the 



72 



Resolves, etc. — 1777-78. [Cil\ps. 178-180.] 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 149. 
Mass. 
Archives, 
ccxiv., 388. 

Mass. 
Archives, 
ccxiv., 389-397. 



aforesaid men Shall not incline to Continue any Longer time in 
Service then the Said Crafts to indeavor to Make up the Number 
of Ninty men by Engaging any other Persons belonging to the 
Regiment of Militia in the Town of Boston not now in the Pay 
of this State for the Service aforesaid. [Passed July 5. 



CHAPTER 178. 

RESOLVE ALLOWING PENSIONS TO JOHN ROPER, JOSHUA WINN AND 
BENJAMIN INGERSOL. 

On the Representation of John Lucas Commisary of Conti- 
nential Pinsioners in behalf of John Roper, Late a Gunner on Board 
the Congress Galley on Lake Champlain, in behalf of Joshua Winn, 
Late a Soldier in Cap' Kimballs Comp^' & Col° Nixons Rigm' and 
in behalf of Benj'^ Ingersols, Late A Metross in Cap' Edward Bur- 
becks Comp^ & Col° Hen^ Knoxes Rigm' of Artilery — 

Resolved That Each of the above Persons, Viz. John Roper, 
Joshua Winn, and Benj'* Ingersol, Are Intiteled to a full Pinsion. 
[Passed July 5. 



CHAPTER 179. 



RESOLVE DIRECTING THE COMMISSARY GENERAL TO DELIVER 
SALT TO PETER R. LIVINGSTON FOR THE USE OF THE STATE OF 
NEW YORK. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 150. 
Mass. 
Archives, 
ccxiv., 417. 

Mass. 
Archives, 
ccxiv., 418. 



The Committee of both Houses to whom the within Petition 
was referred beg leave to report the following Resolve — 

T Gushing $5 order 
On the Petition of Peter R. Levingston — 

Resolved That the Commissary General be and hereby is directed 
to deliver to M' Peter R Livingston or order one half the Salt he 
now has, in his Possession belonging to this State, the whole quan- 
tity being fifteen hundred Bushells, he paying for the same the 
regulated price. 
In Council 
Read & Accepted 

In the House of Representatives 
Read & concurr'd. [Passed July 5. 



CHAPTER 180. 



Lecislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 150. 
Mass. 
Archives, 
clxxxiii., 42. 

Mass. 
Archives, 
clxxxiii., 41; 
ccxiv., 96. 



RESOLVE IMPOWERING THE CONTINENTAL AGENTS TO GI\'E CER- 
TIFICATES OF TRANSPORTATION. 

The Committee of both Houses to whom the within Memorial 
was referred beg leave to report the following Resolve — 

T Gushing ^ order 

On the Petition of Samuel Barrett & Co — 

Resolved that M' Sam" Barrett & M' Charles Miller Continental 
Agents for Supplying the American Army be and hereby are Im- 
powered to give Certificates for the Transportation of Stores be- 
longing to the Continent, by land to the Army and the selectmen 
and Committees of Coresspondence &c of the several Towns 



[1st Sess.] Resolves, etc. — ■ 1777-78. 73 

within this State are hereby directed and required to suffer said 
Stores to pass unmolested, upon such a Certificate being produced 
from Either of the Agents abovementioned. 
In Council 
Read & Accepted. 

In the House of Representatives 
Read & concurred. [Passed July 5. 



CHAPTER 181. 

RESOLVE ON THE PETITION OF SUSANNA DASTUGE. 

On the Petition of Susanna Dastuge seting forth that there is Legislative 
a quantity of goods in the hands of Cap' Robert Robins the prop- councir,° 
erty of your Petitioner & her Copartner Cynthia Wilkinson, un- ^^jj'i^^i"'^ 
accounted for to said Petitioner & her Copartner, and that by the Mass.' 
absence of her Husband Bernard Dastuge & not being impowered 01x^11.^374. 
by him she is not able to institute & prosecute to final Judgment '^j[^_ 
any action for the recovery thereof — 4'^'^'^^>'®^v„ 

. . clxxxii. 369- 

Resolved That the Prayer of the Petition be granted and that 373. Legisia- 
the Petitioner Susanna Dastuge be & she hereby is empowered in orthe'councii, 
the name and behalf of her Husband Bernard Dastuge to join xxxvii. (2nd 
with her Copartner, Cynthia Wilkinson, to bring forward and pros- 
ecute in any Court of Law to final Judgment & Execution, any 
Action or Actions against the said Robert Robbins & any other 
Persons concern'd in withholding her Goods & Effects, as fully as 
the' her said Husband was personally present. [Passed July 5. 



part), 134. 



CHAPTER 182. 

RESOLVE ON THE PETITION OF STEPHEN SMITH. 

On the Petition of Stephen Smith praying for a quantity of ^llorcis'of the 
Corn for the use of the people of Machias. Council, 

Resolved That the Board of War be and they hereby are order'd ^rt" 152? 
to deliver to the said Stephen Smith two hundred bushels of Corn ^r'ifhives 
he paying for the same, and engaging to deliver it to the Families ccxiv., 4o's. 
of such Persons as have gone or shall go to S' Johns as Soldiers in Mass. 
the Service of this State, whom he shall judge stand in most need ^jdv^yioi. 
of the same, at the prime cost & necessary charge of it. [Passed 
July 5. 

CHAPTER 183. 

RESOLVE PROHIBITING PERSONS COMMITTED FOR COUNTERFEIT- 
ING FROM FURNISHING BAIL EXCEPT BY SPECIAL CONSENT. 

Resolved that no person who stands committed to any Gaol jf ^o '5*' of the 
within this State for counterfeiting any Notes, Certificates, Bills of Council. 
Credit, Lottery Tickets or any Coin current within this State, or ^Zt\m.'^ 
advising thereto, or passing or uttering the same knowing them to ^^^?^: 
be counterfeit, contrary to the Laws of this State in such Cases ccxiv., 412. 
made; or that hereafter shall stand charged and comitted for any 
of the Offences aforementioned, shall be lett to Bail without the 
consent of the General Assembly or in the recess thereof of the 
Council first had and obtained. Any Law Usage or Custom to the 
Contrary notwithstanding. [Passed July 5. 



74 



Resolves, etc. — 1777-78. [Chaps. 184-186.] 



CHAPTER 184. 



RESOLVE DIRECTING THE TREASURER TO PAY MOSES GUNN THE 
AMOUNT DUE ON MUSTER ROLLS OF CAPT. JOSEPH SLARROW 
AND LIEUT. JOHN TRASK. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 155. 
Mass. 
Archives, 
ccxiv., 411. 



Resolved that the Treasurer of this State be and he hereby is 
directed to pay unto Moses Gunn Esq"" the Sums due on the Mus- 
ter Rolls of Cap' Joseph Slarrow and Lieu' John Trask, agreeable 
to Warrants of the Council of the 2** of July ins', he the S'' Moses 
Gunn producing their orders to receive the Same, & giving Bond 
in the Sum of Two hundred Pounds to the S*^ Treasurer, condi- 
tioned for the S*^ Moses Gunn's procuring certificates from the 
Select Men of the Towns of Sunderland, Montugue, Northfield, 
Warwick, Leverett, Shutesbury, New-salem and the Com' of Cor- 
respon'' of the Plantation called Ervingshire, from whence the 
Men born on S*^ Rolls marched, that they found their own Arms 
or have returned the Same: and file the Same Certificates with 
the S** Treasurer, within three Month from the Date hereof, any 
Law of this Court notwithstanding. [Passed July 5. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 155. 
Mass. 
Arcliives, 
ccxiv., 410. 



CHAPTER 185. 

RESOLVE DIRECTING THE TREASURER TO PAY THOMAS LOYD THE 
AMOUNT DUE ON CAPT. AARON COE'S MUSTER ROLL. 

Resolved that the Treasurer of this State be and he Herby is 
Direct'd to pay unto Thomas Loy'd the Sum Due on The Muster 
Role of Cap' Aron Coe, Agreable to Warrent of the Council of the 
second of July Inst, The Said Thomas producing their Orders & 
giving bonds to The Said Treasurer for the Sum of one Hunderd 
pound^ Lawful Money Condition'd for the Sd Thom^ Loy'd pro- 
ducing Certificates from the Select Men of the several Towns To 
which the men Born on Sd Rolls be[longed]^ That They found tlieir 
[ow]ni Arms [or]^ have Return'd the same and file [t]he^ sam[e]^ 
Certificates with the sd Treasurer within Three Months from the 
Date herof any Law of This Court notwithstanding. [Passed 
July 5. 



CHAPTER 186 



APPOINTMENT OF DUDLEY COLMAN AS LIEUTENANT COLONEL OF 
COL. WIGGLESWORTH'S REGIMENT. 



Legislative j^ ^^g House of Representatives 

Records of the i i . i i n <• ta ii /~i i t • , 

Council, The House made choice by ballot or Dudley Colman as Lieut. 

'"^nl'm.'^ Coll. of Coll. Edward Wigglesworth^ Regiment, in the room of 
^'^1«.' Lieut. Coll. Nathan Fuller, who has resign'd. 

Archives, t /-i -i 

ccxiv., 407. In Council 

Read & Concurred. [Passed July 5. 

> Inserted from Legislative Records of the Council. 



[1st Sess.] Resolves, etc. — 1777-78. 75 



CHAPTER 187. 

RESOLVE DIRECTING THE BOARD OF WAR TO IMPORT NECESSARY 
SUPPLIES FOR THE TROOPS. 

The Committee appointed to enquire what Part of this State's Legislative 
Quota of the Continental Army is raised — whether the Resolve council^ °^ *'^*^ 
for draughting men has been complied with — what the nature of xxxvii. (2nd 
our Engagements with our Soldiers is — how they are complied with MaJ.' 
& what is necessary further to be done — reported as follows viz ^'j^v ^4^ 

That upon Examination of the Returns from the muster masters 



at the Secretary's Office they find that 6396 men, including ab' 40 Archives, 
Drafts, have been raised for the 15 Battalions, 235 men not ar- ^cxiv., 414a. 
ranged, 510 men for Col° Crane's Reg' of Artillery & 91 men for 
CoP Lee & Jackson's Reg' — they also find by Returns from 
CoI° Bradford, Putnam & Alden 386 men not yet ref* by the 
muster masters into the Secretarys Office, including 30 Drafts 
arrang** in CoP Putnams Reg', making in all 7588 men. 

The Committee do not find by any Returns made that more 
than 80 men have been produced by the Order for a Draught 
made by the late General Court. 

The Committee find by an Address from the late House of 
Representatives to the People of this State of the 26' Jan^, 1777, 
that there was by Implication at least a Promise to such Persons 
as sh** inlist for this State into the Continental Service, that they 
sh** be supplied with the necessary & convenient Articles of Life at 
the Price stipulated in the Bill against Monopoly & Oppression — 
& that the Grants made to the Committee of Supplies are as yet 
inadequate to the Completion of this Engagement — 

Whereupon, 

Resolved that the Board of War be & they hereby are directed 
to make immediate Exertions for importing into this State such 
Quantities of Rum, Sugar, Molasses, Coffee, Cocoa & Cotton as 
they judge will be wanted from Time to Time for the Supply of 
the Troops raised by this State for it's own, or for the Service of 
the L^nited States — & the Board of War are directed to deliver 
to the Committee of Supplies from Time to Time such of the 
above Articles & any other in their Possession which s** Committee 
may want & the Board of War judge they can spare. 
In the House of Representatives 

Read & accepted 
In Council 

Read & Concurred. [Passed July 5. 



CHAPTER 188. 

RESOLVE ON THE PETITION OF THE SELECTMEN AND COMMITTEE 
OF CORRESPONDENCE OF FREETOWN. 

The petition of the Selectmen, Committe of Correspondence, Legislative 
Safety &c of the Town of Freetown — Counclf °^ *^^ 

Resolved that the Brigadeer of the County of Bristol be & he is xxxiii. (2nd 
hereby impowered & directed to Inlist or draught Twenty men ^l^l; ^^*- 
Viz one Lieu', one Sergeant, one Drummer & Seventeen privats for Archives 
the purpos mentioned in their petition, to serve for the space of 
three months unless sooner disci 
Shall be on the Same Establishi 
on in this State. [Passed July 5 



ccxiv., 415. 



three months unless sooner discharge*^, that S'' officers & Soldiers Archives, 
Shall be on the Same Establishment that the Sea Coast men are ^''^"^•' *^^- 



76 



Resolves, etc. — 1777-78. [Chaps. 189, 190.] 



CHAPTER 189. 



RESOLVE DIRECTING THAT RETURNS BE MADE OF THE MEN 
DRAFTED OR ENLISTED TO SERVE IN THE CONTINENTAL 
ARMY. 



I^egislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 159. 
Mass. 
Archives, 
ccxiv., 405. 



Whereas several Colonels of the Militia in this State have 
wholly neglected to make Returns of the Names & Numbers of 
the Men enlisted or Draughted from the several Towns & Com- 
pany's within the Limits of their Respective Regiments, & many 
others have made Returns by no Means answering the Purposes 
designed by the Resolves of the late General Court requiring such 
Returns. 

Therefore 

Resolved That the several Colonels, or commanding Officers of 
the Regiments of Militia within this State, who have not strictly 
complied with the Order of the late General Court requiring an 
Exact Return of the Men inlisted or draughted into the Conti- 
nental Service agreable to a Resolve of the said Court pass'd on 
the 10"' of May last, be & hereby are strictly enjoyned and re- 
quired forthwith to send forth their Orders to their several 
Captains to comply with the said Resolve of y® 10"' of May last, 
& that the said Colonels or Commanding Officers of the said 
Regiments who have been deficient as aforesaid do make a Return 
unto the Secretarys Office of this State by the first Monday of the 
next Session of this Court, — And wheras by a Resolve of this 
Court of SO"* of April last it is declared that any Person drafted 
& duely notifyed who does not in forty Eight Hours procure an 
able bodied effective man in his Room to y^ acceptance of those 
who drafted him, or within said Time pay a fine of ten pounds. 
Shall be consider'd as a Soldier in the Continentall army untill the 
tenth of January next to every Intent & Purpose — It is therefore 

Resolved That the Collonel or commanding Officer of each 
Regiment in this State make a Return to Gen" Heath of all such 
Persons who were drafted as aforesaid & have not complyed with 
said Resolve nor plead their Inability to the Selectmen & Com- 
mittee &c who drafted them. That he may, & he hereby is im- 
powred to annex them to such Regiments as he may think proper, 
And that the Secretary be & he is hereby directed to procure a 
sufficient number of these Resolves printed in Hand Bills and 
transmit a number of the same to each Brigadier or Commanding 
Officer in each County — And also that he cause the same to be 
printed in the Public News Papers. [Passed July 5. 



CHAPTER 190 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 155. 
Mass. 
Archives, 
ccxiv., 409. 



RESOLVE ADDING CAPT. THOMAS BROOKS TO THE COMMITTEE ON 

MUSTER ROLLS. 

Resolved that Cap' Thomas Brooks be and hereby is added to 
the Committee for examining muster Rolls. [Passed July 5. 



[1st Sess.] Resolves, etc. — 1777-78. 77 



CHAPTER 191. 

RESOLVE GRANTING A NEW TRIAL IN THE CASE OF THE BRIG- 
ANTINE EUNICE THAT HAD BEEN ADJUDGED A PRIZE. 

On the Petition of John Brown praying for the rehearing of a Legislative 

r^ x' ii T) • J.* TTi • Records of the 

Cause respecting the Brigantme JliUniee. Council, 

Resolved That the Prayer of said Petition be granted, and that p^tfj^l"'' 

a new Trial be had on the said Brigantine Eunice and her Cargo, — — ' — 

at the next Superior Court of Judicature &c, to be hekl at Bos- Archives, 
ton within and for the County of Suffolk on the last Tuesday of 245)^316!^*' 
August next, and that all proceedings be had thereon in the same Legislative 
manner, as though the said Cause had been regularly brought Council, 
forward to said Court in the Ordinary course of Law; that the ^rt^Q^'i'l? 
Sales of said Vessel & Cargo, and all Proceedings thereon in 124, 137. ' 
Consequence of any former Judgment, be stayed, and that the 
said Mungo Mackey and Thomas Adams, Agents for the Owners 
of the Privateer Ship Boston, William Brown, Master and Agent 
for the Captors of said Brigantine Eunice, be served with a Copy 
of this Resolve, Fifteen Days at least before the Tryal, And that 
an Attested Copy of this Resolve be filed with said Court on the 
first Day of their Session, and the Justices of said Court are 
hereby directed to take Notice of, and proceed upon it accord- 
ingly. [Passed July 7. 



CHAPTER 192. 

RESOLVE DIRECTING BOARD OF WAR TO FURNISH STEPHEN SMITH, 
TRUCKMASTER AT MACHIAS, WITH MONEY TO PURCHASE RE- 
QUIRED SUPPLIES. 

Wheeeas it appears to this Court that the Board of War have Legislative 
not in their Possession all the necessary Articles with which they coundf, °^ ***^ 
are order'd to supply Stephen Smith, Truckmaster at Machias for xxxvii. (2nd 
the Indians in our Interest, & it being probable that the s*^ Smith mLs' 
might supply himself with the deficient Articles if he was furnished 
with Money — therefor 

Resolved that the Board of War be, & they hereby are im- 
powered & directed to furnish the s** Smith with what Money 
they judge necessary for the purpose afores** taking his Rec' to be 
accountable for the same. [Passed July 7. 



Archives, 
ccxiv., 425. 



CHAPTER 193. 

RESOLVE PROVIDING THAT PLANTATIONS BE SUPPLIED WITH 
COPIES OF THE LAWS AND RESOLVES. 

Resolved That the Committee appoint** to agree with some Per- Legislative 
son to print the Resolves of Court, be & hereby are directed to Records of the 
order an additional number to be printed, sufficient to supply the xxxvii. (2nd 
several Plantations in this State — And that the s** Plantations be ^lH; ^^^' 
supplied with the Laws likewise. [Passed July 7. Archives, 

^^ Li? ccxiv., 426. 



Resolves, etc. — 1777-78. 



[Chap. 194.] 



CHAPTER 194 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 162. 
Mass. 
Archive.*, 
exhi.. 81. 84-87. 

Mass. 
Archives, 
cxlii., 81-83. 
Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 81, 165. 



RESOLVE PROVIDING FOR THE ESTABLISHMENT OF A BOARD OF 
WAR AND DEFINING POWERS AND DUTIES. 

The Committee of l)oth Houses appointed to revise the Com- 
mission given to the Board of War the last Year, have attended 
that Service, & beg leave to report the following as a Commission 
for the Board of War that may be chosen for the present Year, 
which is Submitted 

Thomas Cushing p order 

Whereas the present exigencies of our affairs, and the war we 
are by the injurious, and cruel conduct of Britain forced into for 
the defence of every thing dear to us, make it necessary that we 
shou'd adopt the best measures for conducting the war with the 
greatest secrecy, dispatch and economy — 

It is therefore 

Resolved that nine persons be appointed by joint ballot of both 
Houses of Assembly, as a Committee under the Title of a Board 
of War; who shall keep in Boston, or such other place, or places, 
as the General Court may order, or the said Board shall find 
necessary, a public office for the purposes hereafter mentioned; 
and continue as a Committee for those purposes untill the Twen- 
tieth Day of June in the year of our Lord One Thousand Seven 
Hundred and Seventy Eight, and untill others shall be appointed 
in their place and stead; (subject nevertheless, to a discharge at 
any time, by the General Assembly of this State): Whose business 
it shall be, and they, or the major part of them, are hereby em- 
powered to procure or purchase, or cause to be procured or pur- 
chased. Provisions, Cannon, Arms, Amunition, Cloathing and all 
other Articles necessary for carrying on the war by Sea and Land; 
for which purpose, they may take up, or purchase, load, and fit 
out with suitable cargoes, such vessels as shall appear to them 
proper for importing such articles, as they shall judge necessary 
to be imported into this State, or from one part to another 
thereof — And [all A]rticles ^ of every kind which they shall procure 
or purchase as [afo]resaid,^ they are hereby empowered to lodge or 
store in such places [as] ^ they shall judge most safe, and convenient, 
and may from time to time apply such part thereof to the pur- 
poses within their commission, as they deem necessary for the 
execution of their office — And the said Board of War are hereby 
further empowered and required to repair, victual, man, arm, fit 
out, and completely equip for Sea, all armed vessels, or vessels of 
war, owned or employed by this State; and the said Board may 
also from time to time command order and direct all the opera- 
tions and cruises of such vessels, subject however to the controle 
of the General Assembly, or in the recess thereof, to the Council, 
or the supreme Executive Authority of this State, for the time 
being, & also receive this States proportion of all the prizes that 
may be taken & sent into port by any Armed Vcsscll or Vessells 
of Warr of this State, prosecute the Tryal to Condemnation thereof 
& dispose of the same as the Gen' Court shall hereafter direct, 
excepting such Articles as may be in a perishing Condition or may 
be wanted for the use of this State, the Amount of which they are 
herel)y directed to pay into the Treasury of this State, taking two 
Receipts of the Treasurer for the same. One of which they are 
to Lodge in the Secretarys Office; & they are also Impowered to 
Substitute attorneys at Law to appear in behalf of this State at 

' Inserted from Legislative Records of the Council. 



[1st Sess.] Resolves, etc. — 1777-78. 79 

the aforesaid Tryal and Condemnation; Provided Allways That the 
said Board of War shall not expend any other or greater sums 
of money in the execution of their office, than shall from time to 
time be granted by the General Assembly for that purpose, and 
when any sum of money so granted shall be appropriated to any 
special purpose the same shall not be otherwise expended — And 
the said Board of War shall answer and obey all drafts or orders 
for articles in their possession, which shall be made by the Coun- 
cil, or the Supreme Executive Authority of this State, for the time 
being, in pursuance of, and to enable them effectually to carry 
into execution, the powers, rights and authorities which they now 
have vested in them, or which may at any time be given to them 
for the greater Safety of the Commonwealth. 

And it is further 

Resolved that the Commissary of this State shall make such 
returns to [said] ^ Board of War, without delay as they shall from 
time to time require — - And said Board of War shall keep in Books 
for that purpose provided, fair entries of all orders issued by, and 
returns made to them; and also of all their proceedings; and of all 
the Military and W'arlike Stores and provisions the property of 
this State which shall come to their hands or be under their care 
or direction; together with the places whera the same shall be 
deposited; and shall make return thereof unto the General Assem- 
bly, Council or Supreme Executive Authority of this State, for the 
time being, when thereunto rec^uired — And the said Board of War, 
shall produce their Books and render an account of their doings in 
said Office to the General Assembly, when, and so often as, they 
shall be called upon for that purpose, and shall stand accountable 
to the General Assembly for the expenditure of all monies by them 
received — And the said Board of War are hereby impowered to 
hire or if need be to impress any Horses, Cattle, Teams and Car- 
riages, or boats, and any articles they shall need for the execu- 
tion of their business or Office. 

And it is further 

Resolved that any Five, and not less, of said Board of War, shall 
be a Quorum, and vested with full powers to act in all Cases, and 
their doings shall be as valid in all respects as if the whole were 
present. 

And it is further 

Resolved that a Secretary, and if need be, one or more Clerks to 
said Board of War may be appointed by them, which Secretary 
(among other things) shall take an account of the attendance of 
each member of the Board; and such Secretary or Clerks shall 
before they enter upon their respective Offices take the following 
Oath, or if a Quaker, shall affirm in the words thereof: which oath 
or affirmation shall be administered by the Chairman of the 
Board of War who is hereby impowered to administer the same; 
and a Certificate thereof shall be filed in said Office, viz. 

You A B do solemnly swear (or affirm)^ that you will not 
directly or indirectly divulge any matter or thing which shall 
come to your knowledge as Secretary (or Clerk) of the Board of 
War established by the State of Massachusetts-Bay, and which 
said Board shall direct to be kept secret, without the leave of the 
Board of War, or by the direction of the General Assembly: and 
that you will faithfully execute your said Office according to the 
best of your Skill and Judgment, so help you God (or this you 
affirm upon the pains and Penalties of Perjury). 

And be it further 

Resolved that the Members of said Board of War, their Secretary 

1 Inserted from Legislative Records of the Council. 



80 



Resolves, etc. — 1777-78. [Chaps. 195-198.] 



and Clerks shall receive such allowance for their respective Serv- 
ices as the General Assembly shall order. 
In Council 
Read & Accepted 

In the House of Representatives 
Read & Concurred. [Passed July 7. 



CHAPTER 195 



RESOLVE DIRECTING THE BOARD OF WAR TO TAKE CHARGE OF 
THE PRIZE BRIG FRIENDSHIP. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part;, 165. 
Mass. 
Archives, 
ccxiv., 424. 



Resolved that the Board of War be & they hereby are impower'd 
& directed to [take] ^ into their Custody the Prize Brigg Friendship 
& her Cargo, taken by the Massachusets, Cap' Fisk, & now in 
Broad Bay & to give such Directions concerning them as they 
shall judge most conducive to the public Service. [Passed July 7. 



CHAPTER 196. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 165. 
Mass. 
Archives, 
ccxiv., 419. 

Mass. 
Archives, 
ccxiv., 420-422. 



RESOLVE ALLOWING A PENSION TO AMOS BUTTRICK. 

On the Representation of John Lucas, Commisary of Con- 
tinintial Pinsioners, in behalf of Amos Buttrick, Late a Soldier 
in Cap' Simon Hunts Comp^ & in Col'^ Eleaz' Brooks^ Rigm' — 

Resolved That the said Amos Buttrick is Intitled to a Full Pin- 
sion to Comence from the Last day of November, 1776. [Passed 
July 7. 



CHAPTER 197. 



ORDER ON THE PETITION OF SAMUEL BROWN, JUN., AND OTHERS 
OF STOCKBRIDGE. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 166. 



On the Petition of Samuel Brown jun' and others of Stock- 
bridge, 

Ordered that the Petitioners notify the Nonpetitioners to shew 
Cause, if any they have, why the Prayer thereof should not be 
granted on the second Tuesday of the next meeting of this Court, 
by leaving an attested Copy of this Petition & the Order thereon, 
fourteen Days before the second Tuesday, with one of the said 
Nonpetitioners. [Passed July 7. 



CHAPTER 198. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 153. 
Mass. 
Archives, 
ccxiv., 430. 

Mass. 
Archives, 
ccxiv., 428. 



RESOLVE DIRECTING THE COMMITTEE OF SEQUESTRATION TO 
APPRAISE AND SELL EFFECTS OF ABSENTEES. 

Whereas there is in the hands of the Committee of Sequestra- 
tion a number of scythes & sickles and a quantity of crockery 
Ware [kY Houshold Furniture which were left in the Town of 
Boston by sundry persons who fled from said Town with our 
Enemies, which articles are immediately wanted by the Inhabit- 
ants of this State — 

> Inserted from Legislative Records of the Council. 



[1st Sess.] Resolves, etc. — 1777-78. 81 

Resolved therefore that the Committee of Sequestration be and 
hereby are directed to take an exact Inventory of the Scythes & 
sickles and Crockery Ware [&] Houshold Furniture above men- 
tion'd, specifying particularly to whom they belonged, and to ap- 
prize the same as they shall Judge Equitable & Just; and that 
they sell the same immediately agreable to y" apprizement to such 
Persons only as want them for their own immediate use, & keep 
an account of all the Persons names to whom they may be sold & 
the price they were sold at; and the said Committee are hereby 
ordered and directed to pay the money they may receive for the 
said articles in to the Public Treasury of this State, taking two 
receipts one of which to be Lodged in the Secretary's office. And 
the said Committee are hereby directed to Suspend the Sale and 
delivery of any other Articles (now in their hands or under their 
Care) that belonged to Persons who fled from the Town of Bos- 
ton with our Enemies, untill the further order of this Court any 
Resolve or order of this Court to the contrary notwithstanding. 
[Passed July S.^ 



CHAPTER 199. 

RESOLVE BELATIVE TO MEN THAT ENLIST INTO COL. HENDLY'S 

REGIMENT. 

Resolved that all such men as may Inlist as noncommissioned Legislative 
officers & private soldiers into the Continintal Regiment to be Council, 
Commanded by Col Hendly shall be Considered as part of the p^t" i?7°'' 
proportion of each town for which they shall be so Inlisted. Mass.' 
[Passed July 8.^ ccxiv.y42'7. 



CHAPTER 200. 

RESOLVE ON THE PETITION OF TIMOTHY EDWARDS AND OTHERS. Legislative 

Records of the 

Resolved that the Receiver Gen' of this State be directed to xxxvii. (2nd 
receive of Timothy Edwards, Samuel Brown Jun"" & Jahleel Wood- mms!' 
bridge Esq" the Sura of Five Hundred Pounds Lawful Monev, ^'^^.^i^^/,'. 

" ^ " ' ccxiv., 432. 



being part Payment for Fire Arms, Powder & Ball received of the 
Commissary General of this State by Order of the Gen' Court Archives, 
in October last, to be by them disposed of in the County of <'cxiv.,433. 
Berkshire, & that he give Duplicate Receipts for the Sum he shall 
receive, they remaining accountable for the residue — one of Said 
Receipts to be by them lodged with the Secretary. [Passed July 8. 



CHAPTER 201 



RESOLVE DIRECTING THE RECEIVER GENERAL TO RECEIVE £200 Legislative 
THAT HAD BEEN ALLOTTED FOR PAYMENT FOR BOUNTY COATS Records of the 
OR EQUIVALENT IN MONEY. x^v°r(2nd 

part), 168. 

Upon the Petition of Timothy Edwards, Esq'', praying that Ardiives, 
the Receiver General of this State may be directed to Receive of cc'^iv-. 434. 
him & Samuel Brown, Jun", Esq"', the sum of two Hundred Pounds ^rd^ives 
Lawful Money which they have in their Hands over & above ccxiv., 435. 
what they suppose will be necessary to enable them to pay for 

^ This date is July 5 according to Legislative Records of the Council. 
2 This date is July 7 according to Legislative Records of the Council. 



82 



Resolves, etc. — 1777-78. [Chaps. 202-204.] 



Coats found by the Men of Col" Eastons Reg' in y* Year 1775, 
as they were directed by Order of Court & give them Receipts 
therefor — 

Resolved That the Receiver General of this State be & he hereby 
is directed to receive of Timothy Edwards & Samuel Brown, Jun"", 
Esq", the Sum of Two Hundred Pounds Lawful Money, Part of 
the Sum of Money put into their Hands by a former Gen' Court 
of this State to pay for Coats found by the Men of Col° James 
Eastons Regiment raised in y^ year 1775, & that he give a Dupli- 
cate Receipt for the Sum he shall receive: (They remaining ac- 
countable for the Residue of the Monies lodg'd in their Hands,) 
one of Said Receipts to be by them Lodged with the Secretary. 
[Passed July 8. 

CHAPTER 202. 



Legislative 
Records of the 
Council, 
xxx\'ii. (2nd 
part), 169. 
Mass. 
Archives, 
clxxxiii., 90. 

Mass. 
Archives, 
clxxxiii., 89. 



RESOLVE ON THE PETITION OF JOHN ROWE AND JOSEPH CUN- 
NINGHAM. 

On the Petition of John Row & Joseph Cunningham praying 
that they may give bonds according to the Laws of this State for 
a private Sch[ooner] ^ of War to proceed to Sea — 

Resolved that the prayer of the Petition be granted & that the 
above Petitioners be & they hereby are permitted to give Bonds 
according to the law of this State. [Passed July 8. 



CHAPTER 203 



RESOLVE ON THE PETITION OF MARY GREEN. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 170. 
Mass. 
Archives, 
clxxxiii., 83. 

Mass. 
Archives, 
clxxxiii., 81. 



Upon the Petition of Mary Green, Wife of Hammond Green, 
late of Boston, praying Leave to go to her Husband now resident 
at Halifax — 

Resolved that the Prayer of the Petition be granted & that the 
s*^ Mary Green with her Child have Leave to go by such Oppor- 
tunity & under such restrictions as the honorable Council judge 
proper — & that she have Leave to take with her, her Bed & other 
necessaries. [Passed July 8. 



CHAPTER 204 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 170. 
Mass. 
Archives, 
ccxiv., 440. 



RESOLVE PROVIDING FOR THE DISPLAY OF SIGNALS AT CAPE ANN 
AND CAPE ELIZABETH ON THE APPROACH OF BRITISH ARMED 
VESSELS. 

Resolved that there be erected at Cape Ann on [the most] ^ ad- 
vantagious Ground at or near Pigeon Hill & at Cape Eliz'' two 
[Poles at each, at no] ^ greater Distance than is sufficient to make 
their appearance distinct — that when a Vessell suppos'd to be 
arm'd & belong[ing]i to the Enemy shall appear in Sight at the 
Westward, one Flag shall be hoisted, or if such Vessell appear to 
the Eastward two Flags shall be hoisted, that notice may be given 
to such Vessells as may be near that the Enemy are at hand. 

Resolved that the Commanding Officers of the Guards st[ati]oned^ 
at Cape [Ann]' & at Falmouth be order'd to carry the above 
Resolve [into Exe]cution.^ [Passed July 8. 

' Inserted from Legislative Records of the Council. 



[1st Sess.] Resolves, etc. — 1777-78. 83 



CHAPTER 205. 

RESOLVE FOR FURNISHING THE MILITIA OF CERTAIN COUNTIES 
WITH FIRE ARMS. 

Resolved That the Board of War, be and they hereby are di- Legislative 
rected forthwith to send forward to the Brigadiers or command- counc1f°**'^^ 
ing officers in the following Counties the Number of Fire Arms xxxvii. (2nd 
set against each Respective County, to be by the said Brigadiers Masa.' 
or Commanding Officers distributed & sold to the Selectmen of ^xlv'^ls'e 

the several Towns or Districts in such County, in such Proportion - — ' 

as they shall judge best & at such Prices as the said Board of Archives, 
War shall direct, to be by the said Select Men sold and deliverd "xivi., 396. 
to such Persons only as need the same, & whom they shall judge 
Friendly to the United States, & will use them in their Defence 
when called upon. The said Brigadiers or commanding Officers 
to account with the said Board of War, or with this Court for the 
Number they shall respectively receive at the Prices which shall 
be affix'd. The following Number to be deliver'd to the Briga- 
diers or Commanding Officers in the Counties following, viz. 

in the County of Worcester ..... Six Hundred 

in the County of Hampshire ..... Five Hundred 

in the County of Bristol ...... Three Hundred & Fifty 

in the County of Berkshire ...... Two Hundred & Fifty 

in the County of Plymouth for the 3'^ & 4'h Regiments 

there ......... Two Hundred 

in the County of Suffolk for the 4"* Regiment there . One Hundred. 



[Passed July 8. 



CHAPTER 206. 

RESOLVE ON THE PETITION OF JOSIAH THROOP AND OTHERS. 

Whereas the General Court of this State by a Resolve bearing Legislative 
Date the 2" day of April last (in Consideration of the Distresses of counclr^*''^ 
the Committee & other Inhabitants of the Counties of Cumber- ^^l^-Js?^'^ 
land & Sunbury in the Governm' of Nova Scotia & then resident Mass." 
in this State) did order the Sum of One hundred & sixty two ccxW^.^iis. 
pounds to be paid out of the public Treasury to John Allen Esq"^ m^^T^ 

for their use Archives, 

And whereas the said Sum of Money has not been as yet paid 4391^!' Province 
as will appear for Reasons set forth in the Petition of Josiah c^^^'g-}^'' ^^^' 
Throop, Robert Foster, Elijah Ayer & Nath' Reynolds represent- 
ing that they have delayed taking s'' Sum 'till they had a Pros- 
pect of relieving their Families by it — And whereas in the Minds 
of the Petitioners that Time is now arrived & they pray that as 
M"" Allen is now absent some other trusty Person may be ap- 
pointed to receive & pay the s'' Sum of One Hundred & sixty 
pounds to the charitable Purposes for which it was voted — 

Resolved that the Treasurer of this State be & he hereby is 
directed to pay to Robert Foster & Elijah Ayer being of the 
Committee for the County of Cumberland in Nova Scotia, the 
aforesaid Sum of One hundred & sixty two pounds for the purpose 
aforesaid, & that the s*^ Foster & Ayers be accountable for the 
same in the like manner as if received by the s*^ Jn° Allen Esq'. 
[Passed July 8. 



84 



Resoli-es, etc. — 1777-78. [Chaps. 207-209.] 



CHAPTER 207 



Legislative 

Records of the 

Council, 

xxxvii. (2nd 

part), 172. ^ . . , 

Mass. Committee on Accounts be a quorum 

^ri^/437. be of said Committee in the absence of M' Wood. [Passed July 8. 



RESOLVE RELATIVE TO THE COMMITTEE ON ACCOUNTS. 

Resolved That during the Recess of the Court, any three of the 

And that M' Ezra Sergeant 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 173. 
Mass. 
Archives, 
clxxxiii., 80. 

Mass. 
Archives, 
clxxxiii., 78. 



CHAPTER 208. 

RESOLVE PERMITTING REV. EDWARD WINSLOW TO PROCEED TO 

RHODE ISLAND. 

On the Petition of Edward Winslow, Clerk, praying that he & 
his Son may have Liberty to leave this State and go to Rhode 
Island &c — 

Resolved That the Rev** Edward Winslow be permitted to depart 
this State with his Son & proceed to Rhode Island, they sub- 
mitting any Letters or Papers they may have with them to the 
Inspection & examination of the Generall or Command^' Officer, 
stationed at Providence, provided the said Edward Winslow before 
his departure give his Parole to the Hon''' Council, that upon his 
Arrival at Rhode Island he will Use his best Endeavors, to pro- 
cure the liberation of such Inhabitant of this State, who is, or 
may be held in Confinement there, as the Council shall direct. 
[Passed July 8. 



CHAPTER 209. 

RESOLVE IMPOWERING THE COUNCIL TO CONVENE THE GENERAL 

COURT. 



Legislative 
Records of the 
Council, 

xxxvii. (2nd 
part), 176. 
Mass. 
Archives, 
ccxiv., 441. 



Resolved That the Honorable Council be and they hereby are 
impower'd to convene the Great & General Court or Assembly on 
any earlier Day than that to which it shall next be adjourn'd or 
prorogued, if they shall judge the Public Service requires it^ 
[Passed July 8. 



[2d Sess.] Resolves, etc. — 1777-78. 85 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Fifth Day of August, A.D. 1777. 



CHAPTER 210. 

RESOLVE DIRECTING THE BOARD OF WAR TO TAKE MEASURES TO 
CAPTURE OR DESTROY THE ENEMIES' CRUIZERS. 

Whereas our Enemies have several small Cruizers upon this Legislative 
Coast, & even in Boston Bay, which have taken several of our coSictf, °^ *^^ 
Coasting Vessels & greatly obstructs our Navigation; And as the xxxvii. (2nd 
Continental & State Vessels, as also most of the private Vessels of Mass.' 
War, are improper to be employed for clearing the Coast of these 4x'iv.^462. 
Vermin. 

Therefore 

Resolved That the Board of War be, & they hereby are directed, 
without delay, to take such measures for taking or destroying all 
such Cruizers as aforesaid, as they shall judge most proper. 
[Passed August 6. 



CHAPTER 211. 

RESOLVE REQUESTING GENERAL HEATH TO MAKE RETURNS OF 
THE MEN RAISED FOR THE QUOTA OF THE CONTINENTAL ARMY. 

Resolved That General Heath be desired immediately to lay Legislative 
before this Court the Number of Men Returnd to him by the coundf °^ *^^ 
Recruiting Officers of this State, that have been raised within the xxxvU. (2nd 
same towards our Quota of the Continentall Army, distinguishing Mass.' 
the Number in each Regiment, & likewise inform this Court how Archives, 

ccxiv. 4d1< 

many of them have actually marched & to what post, & where the 



Remainder are. And also that Generall Heath be desired to give Archives, 
immediate & effectuall Orders, for marching every Man belong- ''''^i'^' 453. 
ing to the Continentall Army now remaining within this State 
to the place of his Destination & that the Secretary be directed 
immediately to wait on Gen' Heath with a Copy of this Resolve. 
[Passed August 6. 

CHAPTER 212. 

RESOLVE FOR PROCURING TWO ARMED VESSELS. 

Whereas it appears to this Court that at the lowest Computa- Legislative 
tion the Armed Vessells belonging to this State have neated the Records of the 
Sum of £55,000, it is therefore xx.xvii. (2nd 

Resolved that it is expedient that two armed Vessells to mount H^l' ^^^' 
28 or 32 Guns each, should be purchased or built & fixed out for ^rcWve^,^ 
the Service & on Acco* of this State — & that the Board of War be 



& hereby are impowered & directed to carry this Resolve forth- Archives, 
with into Execution. [Passed August 6. ^^^■< ^^- 



86 



Resolves, etc. — 1777-78. [Chaps. 213-215.] 



Legislative 
Records of the 
Council, 
XXX vii. (2nd 
part), 181. 
Mass. 
Archives, 
ccxiv., 457. 

Mass. 
Archives, 
ccxiv., 458. 



CHAPTER 213. 

RESOLVE FOR SUPPLYING JOHN BRADFORD WITH SUNDRY ARTI- 
CLES FOR THE CONTINENTAL SHIP RANGER. 

On the request of John Bradford for sundry articles for the 
Continental Ship Ranger — 

Resolved that the Com^" of Sequestration be & hereby are di- 
rected to deliver to John Bradford Esqr or his order, One of the 
Continental Agents, for the use of the Continental Ship Ranger, 
One Armourers Anvil, one standing Vice, one hand Vice, six hand 
saw files, four bastard files, four of different sorts of files, and one 
drill Box, he to be accountable to this Court for y^ same. [Passed 
August 6. 



CHAPTER 214 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 182. 
Mass. 
Archives, 
ccxiv., 451. 

Mass. 
Archives, 
cclxxxiv., 59. 



RESOLVE DIRECTING THE BOARD OF WAR TO MAKE DISPOSITION 
OF 1,500 FIRE ARMS AND 2,000 GUN LOCKS. 

Resolved That the Board of War be & hereby are Directed to 
make disposition of fifteen hundred fire Arms & two Thousand 
Gun Locks of those now remaining in the publick Stores to the 
Selectmen or to the Committees of such Towns as may apply & 
have not been already supplied from the publick Stores, in such 
proportion as they may Judge proper & Advantageous to the 
public safety, they paying for the same such prices as they have 
been delivered at to those Towns who have already received those 
articles, & also that they deliver to the Selectmen or Committees 
of such Towns as have not already received any from the public 
Store, fifty Thousand Gun Flints & fifteen Tons of Lead in propor- 
tion to the Number of Inhabitants & perticular situation of each 
Town — they Applying & paying for the same such prices as the 
Board of War shall Judge reasonable, & in proportion to the price 
of the Arms. [Passed August 6. 



CHAPTER 215 



Mass. 
Archives, 
ccxiv., 449. 

Mass. 
Archives, 
cxcviii., 4. 



RESOLVE ON THE LETTER OF GEN. SCHUYLER. 

Resolved That Gen' Schuyler's requisition be so far Complyed 
with that a Levy of Two Thousand Men be Immediately made 
from some part of the Militia of this State, to reinforce the North- 
ern Army & to serve till the last day of November next unless 
sooner discharged, each Commission Officer to be on the Con- 
tinental Establishment & Each Non Commission Officer & pri- 
vate to have an addition of twenty shillings ^ Month to his pay 
allowed by the Continent & a Bounty of Six pounds to be paid 
out of the Treasury of this State, & to be Allowed the usual Milage 
to the place of destination, to be paid l)y the Selectmen of the 
several Towns they shall march from, & to be refunded by the 
Committee on Accounts, & that a Com""' of both Houses be 
appointed to determine from what parts of the Militia of this 
State the said Levy Shall be made, & also what Measures shall be 
taken EfPectually to Compleat the Battalions in the Continental 
Army belonging to this State. [Passed August 6. 



[2d Sess.] 



Resolves, etc. — 1777-78. 



87 



CHAPTER 216. 



RESOLVE DIRECTING COMISSARY GENERAL TO DELIVER EPHRAIM 
LAWRENCE TWO TONS OF SALT PETRE. 



Resolved that Richard Devens Esq'', Commissary General for Legislative 
this State be, and he hereby is directed to deliver to M'' Ephraim councif," ^ 
Lawrence or to his Order, Two Tons of Salt Petre, to be by him ''art)"'i^°^ 
Manufactured into good Gun Powder for the Use of this State; Mass! 
the said Lawrence complying with the resolution of this Court ccxivT^'s. 
of the fifth of July, 1777. [Passed August 7. 



CHAPTER 217. 



RESOLVE FOR SUPPLYING THE CONTINENTAL SHIP RANGER WITH 

WATER CASKS. 

On the Petition [of] J. W. [John Paul]^ Jones praying that he 
may have liberty to purchase a number of iron bound water 
casks for the use of the Continental ship of war Ranger, now at 
Portsmouth: 

Resolved that the Board of War be directed to deliver to s*^ 
Jones fifty iron-bound water casks, he paying for the same. [Passed 
August 7. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 184. 
Mass. 
Archives, 
ccxiv., 464. 

Mass. 
Archives, 
ccxiv., 463; 
ccLxxxiv., 6L 



CHAPTER 218. 

RESOLVE MAKING A LEVY OF 2,000 MEN TO REINFORCE THE 
NORTHERN ARMY. 

The Com'^^^ of both Houses appointed "to determine from Mass. 
what part of the Militia of this State the 2000 men shall be levied, ccxV.yTs'o. 
which are ordered for the reinforcement of the Northern Army — m^ss. 
and also what measures shall be taken effectually to compleat Archives, 
the Battalions with the proportion belonging to this State," beg 
leave to Report by way of Resolve. 

Resolved That the 2000 men, order'd by a Resolve of Yesterday 
to be Levied from the Militia of this State for the reinforcement 
of the Northern army, Shall be Levied from the following Coun- 
ties, as follows, viz^ 

The County of Suffolk exclusive of the Boston & fourth 

Regiment 
The County of Essex 



d" 
d° 
d° 



Middlesex 
Worcester 
Hamshire 
Berkshire 



men 






258 in 3 Companies 


344 ' 


' 4 


d° 


387 ' 


' 4 


do 


473 ' 


' 5 


d" 


365 ' 


' 4 


d° 


173 ' 


' 2 


do 



2,000 "22 do 



non-commission'd officers included. And the Council are hereby 
desired to issue their Orders to the Several Commanding officers 
of the Brigades of said Counties for Levying the above men, 
agreeable to the s'^ Resolve of Yesterday, & this Resolve; & to be 
Regimented & ordered, as the Council shall direct. 

Also 

Resolved That the Council be desired, without delay, to take 

1 Inserted from Legislative Records of the Council. The petition is signed " Jn° 
P. Jones." 



88 



Resolves, etc. — 1777-78. [Chaps. 219-222.] 



any such measures as they shall judge proper, to oblige the Sev- 
eral Towns & Plantations within this State, which have not yet 
furnished their One Seventh part of their Militia for the Con- 
tinental Battalions, immediately to furnish their deficiencies. 
In Council 
Read & accepted 

In the House of Representatives 
Read and concurred. [Passed August 6. 



CHAPTER 219 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 185. 

Mass. 
Archives, 
clxvii., 149H- 
Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 177, 183. 



RESOLVE PROVIDING THAT THE MEN RAISED FOR THE EXPEDI- 
TION TO ST. JOHNS RIVER BE DISBANDED. 

Resolved That the Expedition to S' Johns River in Nova- 
Scotia be laid aside for the present, and that the Council be, and 
hereby are desired to disband such Men as have been raised for 
said Expedition, and take such order relative to the Provissions, 
Arms & Stores that have been provided, or Money for the Boun- 
ties not expended as they shall think proper. [Passed August 8. 



CHAPTER 220. 



Legislative 
Records of the 
Council, 
x.\xvii. (2nd 
part), 185. 
Mass. 
Archives, 
ccxiv., 467. 



Archives, 
ccxiv., 468-470. 
Province 
Laws, xix., 909, 
chap. 1108. 



RESOLVE DIRECTING THAT COL. ISRAEL WILLIAMS BE RETAINED 

IN CUSTODY. 

On the Petition of Joseph Cooke, Keeper of the Goal at 
Northampton in the County of Hampshire, praying for the direc- 
tion of Court with respect to detaining Coll Israel Williams now 
in his Custody at s^ Goal. 

Resolved That the Sheriff of the County afores'' be and he 
hereby is directed to retain the said Williams in said Goal until 
the further Order of the General Court. [Passed August 8. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 190. 
Mass. 
Archives, 
ccxiv., 476. 

Mass. 
Archives, 
ccxiv., 468-470. 



CHAPTER 221. 

RESOLVE DIRECTING THAT ISRAEL WILLIAMS, JUN^, BE RETAINED 

IN CUSTODY. 

Resolved That the Sheriff of the County of Hampshire be and 
hereby is directed to retain Israel Williams Jun' now in his 
Custody until the further order of the General Court. [Passed 
August 9. 



CHAPTER 22 2. 

RESOLVE FOR DRAFTING ONE-SIXTH PART OF THE MILITIA TO 
REINFORCE THE CONTINENTAL ARMY. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 187. 
Mass. 
Archives, 
ccxiv., 472. 



Whereas by the Loss of the important Fortress of Ticonderoga 
a Way is opened to the Ravages of our cruel & inveterate Enemies 
which they are vigorously improving, & a few Days, if we are 
supine & inactive, may introduce them into the Bowels of this 
State, & with them, all the Horrors of a savage Indian War — un- 



[2d Sess.] Resolves, etc. — 1777-78. 89 

distinguished Murder, Blood & Rapine: & whereas the raising Mass. 
of one seventh Part of the male Inhabitants of this State for ccxwTiis, 
filling up the Continental Army has been in some Towns but 471-474. 
partially accomplished: & the immediate pressing necessity of the Records of the 
present Day will not admit of delaying the Defence of our Coun- ^^"""^20(1 
try 'till those vigorous measures which this Court is determined part), 177, 
to adopt for compleating the Army can be carried into Execution: 
this Court, tho resolved that proper & immediate Enquiry be 
made into the Occasion of our present Distress & to use their 
Influence that the Authors of it may meet with exemplary Punish- 
ment, are determined forthwith to raise such Succours for our 
northern Army as shall enable them not only to withstand the 
Inroads of our Enemies but thro the Favour of Heaven to force 
them to an ignominious Retreat: relying upon that public Virtue, 
that unabated Love of Freedom & their Country with which the 
substantial militia of this State have ever been inspired 

Do therefore 

Resolve That one sixth part of the able-bodied Men in the 
Training Band and Alarm List now at home in the Counties of 
Suffolk, Essex, Middlesex, Hampshire, York, Worcester and Berk- 
shire, excepting the Boston & fourth Regiment in the County of 
Suffolk, also the sixth Regiment in y® County of Essex be orderd 
by the major part of the Council, to march under such Brigadier 
or Brigadiers as the Council shall direct, to reinforce the Ameri- 
can Army, and to continue in Service until the last Day of Novem- 
ber next, unless sooner discharg'd, under such Regulations, and 
upon such Establishment, as is hereafter provided : And that the 
said sixth part of the Militia march without delay — It is 
further 

Resolved That the Major Part of the Council make out their 
Orders to the Brigadier or Commanding Officer of each of the 
aforesaid Counties respectively, directing him immediately to 
cause such parts of the Militia as aforesaid to be immediately 
drafted and equipt, each with a good Fire Arm and also a Bayonet 
if to be had. Cartridge Box, Knapsack and Blanket, with }/2 It) 
Powder, twenty Balls suitable for his Gun, and march for the 
purpose aforesaid, and that they form the Militia so drafted into 
Companies of Sixty eight men each, noncommission'd Officers 
included, or as near as may be: And that the Brigadiers from the 
Officers of their respective Brigades, order that one Captain & 
two Lieutenants take the command of each of s'' Companies, and 
said Brigadiers form the Companies so drafted into Regiments 
consisting of eight companies each, as near as may be, and to 
each Regiment so form'd assign or order from the Field Officers 
of such Brigade, one Colonel, one Lieut Colonel, one Major, to 
command said Regiments, with the same relative Rank with each 
other as they now have — And it is further 

Resolved That if any Person of the Alarm List or Training 
Band drafted as aforesaid, shall neglect to march agreeable to the 
above Resolve, and shall not procure some able bodied Man in 
his Room, within twenty four Hours from the Time of his being 
so drafted, not making a reasonable Excuse to the satisfaction of 
the Officer who drafted him, shall be consider'd as a Soldier in 
the Army for the Time af ores'* And treated as such — And it is 
further 

Resolved. That the Commanding Officer of each Company be 
and hereby is impower'd to receive the Fines of such Persons as 
will pay the same, he to dispose thereof for the purpose of raising 
other Men for that Service : And in order that there be no deficiency 
in the number of Men for the above Service, It is 



90 



Resolves, etc. — 1777-78. 



[Chap. 223.] 



Resolved That where there are no Militia Officers in any Com- 
pany in that case the Selectmen and Committees of Correspond- 
ence shall do the Duty assign'd to the Militia Officers. 

And it is also 

Resolved That the said Detachment of Militia shall while in 
Service be under the General Command of the Commander in 
Chief of the Continental Army, and shall be under the Laws and 
Regulations provided by the Congress for said Army — 

And it is further 

Resolved That each noncommission'' Officer and Soldier so drafted 
and who shall well and faithfully perform said Service shall at the 
expiration of said Term receive from the Treasury of this State 
two Pounds ten shillings ^ Calender Month in addition to the 
Continental Pay, and the Officers commanding each Company 
are hereby directed to present to a Committee of this Court, 
Rolls properly authenticated, to be allowed for the payment of the 
same as a Gratuity or Bounty for their Services aforesaid — 

And it is also j 

Resolved That the Selectmen from any Town or Towns from 
whence a Company shall be so drafted, shall be and hereby are 
directed and impowered to procure one Team to carry the Baggage 
of said Company to the place of destination of the same, in the 
most expeditious manner, and said Selectmen are also directed to 
furnish said Men with Kettles and Canteens, and also pay each 
Man two pence ^ Mile to the place of Destination for their sup- 
port and to lay their Accounts before the Committee of this 
Court, who are hereby directed to [pay]^ the same — 

And it is further 

Resolved That the Field Officers [of]^ each Battalion appoint 
one Surgeon, one Surgeons Mate, One Adjutant and one Quarter 
Master, and the Brigadier or Brigadiers each shall appoint one 
Chaplain and a Brigade Major to each Brigade — 

And it is also 

Resolved That each Brigadier General as soon as the Men are 
drafted and formed into Companies be and hereby is order'd to 
march them to such place as the Council shall order, subject 
however to such further Orders as they may receive from the 
General Court of this State or the Commander in Chief of the 
Continental Army. 

And it is further 

Resolved That such of the Militia of any Brigade as have 
already marched and shall perform the Services aforesaid, shall be 
consider'd as part of the sixth part of said Brigade and intitled to 
the same pay and encouragement as is before provided. [Passed 
August 9. 



CHAPTER 223. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF SUF- 
FOLK COUNTY. 



Legislative 
Recxjrds of the 
Council, 
xxxvii. (2nd 
part), 190. 
Mass. 
Archives, 
ccxiv., 475. 



Whereas it appears upon Examination of the County Treas- 
urers acc^* for the County of SuiTolk, that all the Monies granted 
and allowed by the Court of General Sessions of the Peace For 
Said County for the year 1777 were for Such purposes and appro- 
priations as the Law Empowered the Said Court to grant: There- 
fore 

Resolved that the Said acco* be allowed. [Passed August 9. 

> Inserted from Legislative Records of the Council. 



[2d Sess.] Resolves, etc. — 1777-78. 91 



CHAPTER 224. 

ORDER ON LETTER OF COL. THOMAS CHACE, DEPUTY QUARTER 
MASTER GENERAL. 

Ordered That the Committee of Sequestration be and they Legislative 
hereby are directed to deliver to Col° Thomas Chace a sufficient coJi^c'if, °^ ^'"^ 
Number of Buckels & Bitts to compleat the Harness making by '^J?' 1^?,°'^ 
M' Sam' Bowen for the Use of the Continental Army, Said Chace Mass.' 
paying for the same. [Passed August 9. cc^iv.yTv';. 



CHAPTER 225. 

RESOLVE REPEALING A RESOLVE FOR RAISING 2,000 MEN TO REIN- 
FORCE THE NORTHERN ARMY. 

Whereas by A Resolve of the 8^^^ Instant such Provision is Legislative 
made for Reinforceing the x\rmy with A Body of Militia from this councif, 
State as renders it unnecessary that A Resolution of the 6^'' ^^i^igs"'^ 
Instant for Complying with the requisition of Gen' Schuyler & Mass' 
reinforceing the Northern Army with Two Thousand Men should cwdv.yTTS 



be Continued — it is therefore Mass. 

Resolved That the said Resolution of the 6''' Instant be & hereby ^^^^^^^^ 45,, 
is repealed. [Passed August 9. 



CHAPTER 226. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF ESSEX 

COUNTY. 

Whereas it appears upon Examination of the Accounts of the Legislative 
Treasurer of the County of Essex, that all the Monies granted and counclr^*'"' 
allowed by the Court of General Sessions of the Peace for said ^^"^- (^nJ 
County for the Year 1775 were for such Purposes and Appropria- Mass.' 
tions as the Law impower'd said Court to grant: Therefore m^^^^m. 

Resolved That said Account be allowed. [Passed August 9. 



CHAPTER 227. 

RESOLVE DIRECTING THE COMMISSARY GENERAL TO SUPPLY SE- 
LECTMEN WITH POWDER. 

Whearas by a Resolve of the General Assembly of this state Legislative 
Past June y^ 19*'' Last, the Overseers of the Powder Mills ware coundf °^ ^^^ 
Directed to Deliver to the selectmen of any Town in this state xxxvii. ('2nd 
who may apply Thearfor, or to their Order, any Quantity of Mass'.' ^^^' 
powder they may Request of them, They paying for the same at ^^^^^^iQ 

the Rate of five shillings a pound, Provided the same do Not Ex- 

ceed half a pound to Each man in their Respective Towns, In- 
cluding the alarm List, in addision to half a pound a man hearto- 
fore allowed to be Drawn by them, and the selectmen are Directed 
to Dispose of the same not Exceeding half a pound p"" man, to such 
Inhabitants of their Respective Towns who are Not already pro- 



92 



Resolves, etc. — 1777-78. [Chaps. 228, 229.] 



vided agreable to the Militia Act of this state, the Overseers of 
the said powder mills to be accountable to this Court for the 
money they may Recive Thearfor. 

And whearas it is much more Convenient for many Towns to 
apply to the Commisary General than to Either of the powder 
mills, There[fore] 

Resolved That the Commisary General of this State, (as well as 
the overseers of the said powder Mills,) be and he is hearby 
Directed, upon the application of the select men of any Town in 
this state, to Deliver to them Gun powder in the Quantity and 
under the Restrictions and to be accountable for the money Re- 
cived for the same in the Manner Exprest in the foregoing Resolve. 

And Whearas some of the powder that has Been Delivered by 
the Overseers of the powder mills has been Found Defective and 
not marchantable — 

It is Further 

Resolved that the Overseers of the powder mills be and they 
are hearby Directed to Recive all Such Defective powder by 
them manufactured and sold to the select men of any Town by 
Order of the General Assembly of this state, and Deliver to said 
select men the same Quantity of good Marchantable Gun powder 
in the Room of the Defective powder so Returned or Return them 
the money they paid for the same; as the parsons so Returning 
the powder shall Choose. [Passed August 9. 



CHAPTER 228. 

APPOINTMENT OF SIMEON SAMPSON TO THE COMMAND OF AN 

ARMED VESSEL. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 194. 
Mass. 
Archives, 
cxlii., 91. 



In the House of Representatives 
The House made choice, unanimously by ballot of Cap*' Simeon 
Samson to command the Armed Vessel building for this State on 
the plan of Mr Peck. 
In Council 
Read & Concurred. [Passed August 9. 



CHAPTER 229 



APPOINTMENT OF BENJAMIN HA WES AS COLONEL OF THE 4'' 
SUFFOLK COUNTY REGIMENT. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 194. 
Mass. 
Archives, 
OCX v., 1. 



In the House of Representatives 
The House made choice by ballot of Benjamin Hawes as 
Colonel of the fourth Regiment of Militia in the County of 
Suffolk, in the room of Coll Wheelock who has resign'd. 
In Council 
Read & Concurred. [Passed August 9. 



[2d Sess.] Resolves, etc. — 1777-78. 93 



CHAPTER 230. 

APPOINTMENT OF JAMES METCALF AS LIEUTENANT COLONEL OP 
THE 4'^» SUFFOLK COUNTY REGIMENT. 

In the House of Representatives Legislative 

The House made choice by ballot of James Metcalf as Lieut &c1f.°^*^^ 
Colonel of the fourth Regiment of Militia in the County of partf il""^ 
Suffolk, in room of Lieut Coll Hawes, this Day elected Colonel of Mass.* 
said Regiment. ^xv!'72.^' 



In Council 
Read & Concurred. [Passed August 9. 



CHAPTER 231. 

APPOINTMENT OF SETH BULLARD AS 1^^ MAJOR OF THE 4™ SUF- 
FOLK COUNTY REGIMENT. 

In the House of Representatives. Legislative 

The House by ballot made choice of Seth Bullard as first Major g^^°';'|f °^ ^'^^ 
of the fourth Regiment of Militia in the County of Suffolk, in the xxxvii. ('2nd 
room of Major Metcalf, elected Lieut Colonel. Mass.' 

In Council 4x^T' 



Read & Concurred. [Passed August 9. 



CHAPTER 232. 

APPOINTMENT OF SARIN MANN AS 2'^^ MAJOR OF THE 4™ SUF- 
FOLK COUNTY REGIMENT. 

In the House of Representatives. Legislative 

The House by ballot made choice of Sabin Mann as second councir°**^* 
Major of the fourth Reg ment of Militia in the County of Suffolk, xxxvii. (2nd 
in the room of Major Bullard, elected first Major. Mass.' 

In Council ^^^ 



Read & Concurred. [Passed August 9. 



CHAPTER 233. 



RESOLVE DIRECTING THE COMMITTEE OF CORRESPONDENCE OF 
WORTHINGTON TO DELIVER SEIZED STORES TO THOMAS PAY- 
SON. 

Whearas it appears that there was a seizure made by the Legislative 
Committee of Correspondence and Safty of the Town of Worth- coJJndf °^*^^ 
ington of five hogsheads Rum, One hogshead, two Barrells & three xxxvii. ('2nd 
Teirses Suger, and one Box Chacolate, which were Transporting to Mass.' 
the Armie by Tho^ Pason, who was Imployed by Elisha Avery, ^xv^^s^' 

the Deputy Commissary General of the Northern Department, in :^j^ 

Feb'^ Last, in persuance of an act of the General Assembly of this Archives, 
state Past while said stores ware Transporting, and the Trial of the ccxv^'.'e^Y^^' 
Justice of said seizure being now Pending in the Court of Sessions 
in the County of Hampshire — 

Resolved that said Committee be and they are hearby Directed 
to Deliver the said stores to the said Tho' Pason or to the said 



94 



Resolves, etc. — 1777-78. [Cilu>s. 234-236.] 



Commissary or his order and Take a Receit for the same and the 
said Court are hearby Directed to forbear any Further Process 
thearon. [Passed August 11. 



CHAPTER 234. 



Legislative 
Records of the 
Council, 
xxxv-ii. (2nd 
part), 196. 
Mass. 
Archives, 
ccxv. , 9. 

Mass. 
Archives, 
ccxv., 10-14. 



RESOLVE ON THE PETITION OF BENJAMIN DAVIS OF PHILADELPHIA. 

Whereas it appears by a petition of Benj° Davis of Phila- 
delphia, & the papers accompanying it, that three tierces of sugar 
marked M:D, designed for the use of the Continental Army, were 
detained by the Committee of safety &c. of Watertown. 

It is therefore 

Resolved that the s** Committee do forthwith deliver s** tierces 
of sugar to s** Davis or his Order, & the several Committees 
through the State are hereby directed & ordered to suffer s*^ sugars 
to pass unmolested in their way to the Continental Army. [Passed 
August 11. 



CHAPTER 235 



Legislative 
Records of the 
Council, 
xxxv'ii. (2nd 
part), 197. 
Mass. 
Archives, 
ccxv., 15. 

Mass. 
Archives, 
cxcvii., 60, 61; 
cxcviii., 37; 
ccv., 236. 



RESOLVE PROVIDING FOR THE DELIVERY OF STORES TO MAJOR 

LEVI SHEPARD. 

The Committee of both Houses Appointed upon the Letter 
from M*" Hezekiah Smith, One of the Commissaries for this State 
for the Northern Army, have attended the Business assigned them 
& beg leave to report the following Resolve. 

Resolved that M'' Hezekiah Smith, one of the Commissaries for 
this State for the Northern Department, be and hereby is directed 
to deliver what Stores he has under his Care belonging to this 
State into the Hands of Maj"' Levi Shepard, the Commissary for 
the Southern department, who is hereby directed to receive them, 
and take his receipt for the same: And that said Smith be & 
hereby is directed to receive what Stores are now at Williamston 
belonging to this State, & Convey them to Manchester or to such 
other place in the Northern Department as Gen' Lincoln shall 
direct, and there deliver them out to such Soldiers under his 
Command belonging to this State — 

And that the Said Smith be and hereby is directed to Settle 
with one Capt Low, who has been Intrusted with a part of the 
Stores sent to said Smith by M"' Brick of Northampton and to 
receive the Money for the Same. 
In Council 

Read & accepted 

In the House of Representatives 

Read & concurred. [Passed August 11. 



CHAPTER 236 



Leeislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 197. 
Mass. 
Archives, 
ccxv., 17. 

Mass. 
Archives, 
ccxv., 16; 
cclxxxiv., 60. 



ORDER DIRECTING THE BOARD OF WAR TO SUPPLY SUCH ARTICLES 
AS MAY BE REQUIRED BY THE COMMITTEE FOR FORTIFYING 
THE HARBOR OF BOSTON. 

Ordered that the Board of Warr be & are hereby directed to 
deliver to the Committee for fortifying the Harbour of Boston, all 
such Articles as the said Board can supply & the said Committee 
may have Occasion for, to carry on & to compleat the Business 



[2d Sess.] Resolves, etc. — 1777-78. 95 

under their Direction, not exceeding the Sum of One thousand Legislative 
Pounds, the said Committee to be accountable to the Generall Council, 
Court for the same. [Passed August 11 . ''^Xf,m.'^ 



CHAPTER 237. 

APPOINTMENT OF MICHAEL FARLEY AS 3«» MAJOR GENERAL OF 

THE MILITIA. 

In the House of Representatives 
The House unanimously made choice by ballot of The Hon Legislative 
Michael Farley, Esq^ as Third Major General of the Militia of this coSnctr^*^^ 
State. ^'^T-.Li'''^ 

^ „ ., part). 197. 

In Council Mass. 

Read & Concurred. [Passed August 11. ^xv^.Tg.' 



CHAPTER 238. 

APPOINTMENT OF JOHN FROST AS BRIGADIER OF THE MILITIA IN 

YORK COUNTY. 

In the House of Representatives Legislative 

The House unanimously made choice by ballot of John Frost, coSnptf, °^ ^''^ 
Esq^ as Brigadier of the Militia in the County of York, in the ^^^^f i^l"**^ 
room of Brigadier Moulton deceas'd. Mass.' 

In Council ^/,t"o; 



Read & Concurred. [Passed August 11. 



CHAPTER 239. 

RESOLVE DIRECTING THE BOARD OF WAR TO SUPPLY CERTAIN 
OFFICERS WITH CLOATHING. 

Whereas it has been represented to this House that Numbers Legislative 
of the officers of the Continental Regiments raised in this State, councif, °^ *^'' 
have by the unfortunate Evacuation of Ticonderoga, lost a con- '™'^^"- ^^nd 
siderable Part of their Baggage, which they are unable to replace Mass.' 
without the assistance of this Court — tcxv^^n. 

Resolved that the Board of War be & they hereby are impower'd 
& directed to deliver to such officers of the above Description as 
may apply, such Quantities of Cloathing as they may want, & the 
s'' Board can spare, they paying for the same. [Passed August 11. 



CHAPTER 240. 

APPOINTMENT OF ALEXANDER PARRAN AS 3» LIEUTENANT OF A 
COMPANY OF MATROSSES STATIONED AT GLOUCESTER. 

In the House of Representatives Legislative 

The House made choice of Alexander Parran as third Lieuten- councU,° 
ant of a Company of Matrosses station'd at Glocester, in the room ^^igl?'^ 
of Mark Davis, who declines serving. Mass.' 

T /-I M Archivea, 

In Council ccxv.. 22. 



Read & Concurred. [Passed August 11. 



96 



Resolves, etc. — 1777-78. [Chaps. 241-243.] 



CHAPTER 241. 



Legislative 
Records of the 
Council, 
xxxvii. (2nd 
part), 198. 
Mass. 
Archives, 
ccxv., 23. 

Mass. 
Archives, 
ccxv., 8; 
cclxcov., 62. 



ADDITIONAL RESOLVE RESPECTING DEFECTIVE POWDER. 

Whereas it has been represented that some of the powder man- 
ufactured at the several powder Mills in this state has proved de- 
fective, and as there is a sufficient quantity of imported powder 
for the present demand, therefore 

Resolved that the Overseers of the powder Mills be & hereby are 
directed to receive all the powder by them manufactured & to be 
sold to the Selectmen of any town by order of the General Assem- 
bly of this State, agreeable to a resolve of the 9'^'' instant, & return 
them the Money for the same, and the said Selectmen are hereby 
authorized & impowered to apply to the Commissary General of 
this State for the like quantity of imported powder in lieu thereof, 
who is hereby directed to deliver it to the said Selectmen or their 
order, they paying for the same agreeable to y^ aforesaid resolve. 
And its also 

Resolved that the said Overseers of the powder mills or the 
Commissary receive such manufactured powder as they have 
delivered to any persons by virtue of certificates given to any 
Towns, who lent their powder to this or to the United States in 
y® year One thousand Seven hundred & Seventy five, & deliver 
up their said certificates to them, & the Commissary General is 
hereby directed to deliver them the same quantity specified in said 
Certificates. 

And w-hereas the Town of Newbury Port exchanged two barrels of 
Powder with John Allyne, Esqr, Superintendant of Indian affairs, 
w'^'^ he rec'^ by order of this State that was defective, its therefore 

Resolved that the Commissary General be & hereby is directed 
to receive of the Town of Newbury Port the said defective powder, 
and return two Barrells of imported powder to the Town of New- 
bury Port or their order. [Passed August 11. 



CHAPTER 242 



APPOINTMENT OF ICHABOD HOLBROOK, JUN«, AS ADJUTANT TO 
THE S'T" SUFFOLK COUNTY REGIMENT. 



In the House of Representatives 
The House made choice by ballot of Ichabod Holbrook, Jun^ as 



Legislative 
Records of the 
Council, 

^s^"' ^" Adjutant to the fifth Regiment of Militia in the County of Suffolk. 

tcx^H: ^^ Council 

— - — '■ Read & Concurred. [Passed August 12. 



CHAPTER 243. 



Legislative 
Records of the 
Council, 
xxxviii., 1. 
Mass. 
Archives, 
ccxv., 26. 



RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF YORK 

COUNTY. 

Whereas it appears upon Examination of the Accounts of the 
Treasurer of the County of York, that all the Monies granted and 
allowed by the Court of General Sessions of the Peace for said 
County for the Year 1777, were for such purposes and appropria- 
tions as the Law impowered said Court to grant — 

Therefore 

Resolved that said Account be allowed. [Passed August 12. 



[2d Sess.] Resolves, etc. — 1777-78. 97 



CHAPTER 244. 

RESOLVE NAMING THE NEW ARMED VESSEL THE HAZARD. Legislative 

Records of the 

Resolved That the Armed Vessel building for this State on the xxxviii.,'2. 
Plan of M' Peck and to be commanded by Cap* Samson be called Archives, 
the Hazard. [Passed August 12. '^^^- '^'^'- 



CHAPTER 245. 

RESOLVE APPOINTING A COMMITTEE TO RECEIVE AND ACCOUNT 
FOR MONEY RETURNED BY OFFICERS ENGAGED IN RECRUITING 
SERVICE. 

Whereas this Court by a Resolve bearing Date the 28 Nov' Legislative 
last did order that Theophilus Cushing & Joshua Clap, Esq''^ & Cou^df," 
M'' Benj. Guild should be a Committee to receive & give Dis- ^f Jg"'" ^• 
charges for such Sums of money as were due from several Officers, Archives, 

who had received monies for the recruiting Service, & whereas the — '■ 

Committee so appointed have represented to this House that they 
have monies in their hands which they have rec^ by Virtue of the 
Order af ores'* — 

Resolved that the s** Committee be & they hereby are directed 
to pay such monies as they have received by Virtue of s** Order 
into the hands of the Treasurer of this State, taking from him two 
Receipts for the same, one of which shall be by them lodged in the 
Secretary's Office. 

And whereas Theophilus Cushing & Joshua Clap Esq" have 
desir'd to be excused from this Service, it is further 

Resolved that Samuel Baker, Esq, & Cap*' Jacob Boardman be 
appointed in their Stead, & with the s^ Benj Guild, Esq', are im- 
power'd to receive & give Discharges for such Sums as are yet 
due from the said Officers, & the same to pay into the Hands of 
the Treasurer of this State taking two Rec*^ as aforesaid. [Passed 
August 12. 

CHAPTER 246. KKfthe 

Council, 

ORDER APPOINTING A COMMITTEE TO DRAUGHT A PROCLAMA- S!i84°'^ 

TION FOR A PUBLIC FAST. Mass- 

Archives, 
cxlii., 97. 

In the House of Representatives "^j^^ 

Order'd that M' Jeifries & M' Nicolls with such as the Hon*"' Archives, 
Board may join be a Committee to report a Proclamation for ccxvV, 24" ' 
appointing a Day of Fasting, Humiliation & Prayer. R^lordsof the 

In Council Council, 

Read & Concurred & Daniel Hopkins, Esq"", is joined. [Passed pSthioi? i92; 
August 12.^ xxxviii.. 1', 7. 

CHAPTER 247. 

PROCLAMATION FOR A PUBLIC FAST. Legislative 

Records of the 

A Proclamation for a Day of Fasting, Humilation and Prayer, xxxviii.,'7-9. 
It having pleased the wise & holy Governor of the world to Ar^chives, 
manifest his displeasure against the heinous and provoking Sins of cxiii., 92-96. 

* This date is August 9 according to Legislative Records of the Council. 



98 



Resolves, etc. — 1777-78. 



[Chap. 247.] 



Mas3. 
Archivea, 
cxlii.. 97ft. 
Love's Fast 
and Thaaks- 
giving Days 
of New 
England, 
page 503. 



the people of this land, by the terrible judgment of a War, which 
is now become so general as to demand our most serious atten- 
tion; and as he hath permitted the enemy to make dangerous 
inroades upon our defenceless frontiers; by which means the 
Savages have begun the dreadful work of indiscriminate murder 
among our distressed brethren; and as he is now holding the rod 
of his visible displeasure over our oppressed & endangered country; 
it becomes a people professing a belief in a Superintending, uni- 
versal Providence, with true & unfeigned repentance, to make Him 
their refuge, who governs & tvisely directs all human Affairs. 

We have therefore thought fit, with the advice of the Council 
and at the Desire of the House of Representatives, to appoint and 
we do hereby appoint Thursday the twenty eight day of August 
current, to be observed throughout this State, as a day of fasting, 
HUMILIATION & PRAYER; hereby calling upon the Several religious 
assemblies, of every denomination, devoutly to attend on the duties 
of the said day; with humble penitence confessing their mani- 
fold Sins, & aggravated transgressions; imploring, through Jesus 
Christ our Lord, the pardoning mercy of Almighty God, & the 
gracious removal of the divine displeasure from us; with grateful 
hearts acknowledging his unmeritted goodness, & the many mercies, 
which, while HIS judgments are abroad in the earth, HE bestows 
upon an ungrateful & ill-deserving people; & devoutly Supplicating 
those important blessings which we, in this day of general calam- 
ity, stand in such eminent need of: particularly, that God would 
direct the counsels of this, & of all the united American States; 
& in a Special manner the grand Congress of America; that he 
would Succede, & prosper our naval & military operations; pre- 
serve the lives & health of our Officers & Soldiers, animate them 
with invincible courage and resolution, & lead them on to decisive 
victory; and that the Commander in chief, amidst all his weighty 
cares, may be under the Singular direction and protection of Him, 
who giveth wisdom to the wise and understanding to the prudent; 
that the inhabitants of these States may be Spirited to make with 
united efforts a vigorous & Successful defence of their liberties, 
civil & religious; that the determined & enraged enemy may not 
be able to execute their cruel & destructive plan but meet with dis- 
appointment & a total defeat; & that, instead of the Sound of 
the trumpet & the alarm of War we may soon hear the voice of 
established & undisturbed peace, that the earth, now teeming with 
hopefull plenty, may yield to man & beast a full & rich Supply; 
that profanity & vice of every Species may, with universal consent, 
be banished from among us; that Selfishness & oppression may 
give place to benovolence & public virtue; that the interesting 
truths of the Gospel of God, our Saviour, may, through the Sanc- 
tifying influences of the Holy Spirit, have due efl"ect upon the 
hearts and lives of persons of every age; & we be that happy peo- 
ple, whose God is the Lord. 

And all Servile labour & recreation are hereby forbidden on the 
said day. 

Given at the Council Chamber this twelfth Day of August, in 
the Year of our Lord one thousand Seven hundred and Seventy 
Seven. 

GOD SAVE THE UNITED STATES OF AMERICA! 



[2d Sess.] Resolves, etc. — 1777-78. 99 



CHAPTER 248. 

RESOLVE DIRECTING BOARD OF WAR TO DISPOSE OF AN ADDI- 
TIONAL QUANTITY OF LEAD. 

Whereas by a resolution of the Sixth Instant, the Board of War Legislative 
are directed to dispose among other military Stores of Fifteen Tons councif," * ^ 
of Lead among the Inhabitants of this State, as is therein directed, ^^Jg"*' '^• 
and Whereas tis apprehended that quantity of Lead will be insuffi- Archives, 
cient to answer the present necessary demands of the Inhabitants, ^^^ln — : — : — 
It is therefore 

Resolved That the Board of War be and hereby are directed to 
dispose of Fifteen other Tons of Lead to and among the Inhabit- 
ants of this State, in the same manner as the said Resolution of 
the 6*"" Instant directs. [Passed August 13.^ 



CHAPTER 249. 

RESOLVE ON THE PETITION OF WILLIAM CLARK. 

On the petition of M'' William Clark, praying that the sentence Legislative 
against him by a Court of Special Sessions held in the Town of g^^j" ctf, °^ *^^ 
Boston on the 12* day of June last, may be revok'd for the j«xviii.,4. 
reasons set forth in said petition. Archives, 

Resolved, that the prayer of the said petition be so far granted, '''^"""•' ^°°' — 
that the Justices of the said Court for the Trial of such persons, ^fg^ives 
be and they hereby are Authorised & directed to admit the said ciiv., U6; 
William Clark to a new Trial, and that he be discharged from his ''''^*"•• 
present confinement & have leave to return to his home in Ded- 
ham, upon his giving bond to the Treasurer of this State in the 
sum of five Hundred pounds, conditioned that he will not hold 
correspondence with any of the enemies of this, or the united 
states of America, or say or do anything to the prejudice of said 
states, and that he will not go more than one mile from his Dwell- 
ing House in said Dedham, and will appear at s"" Court when 
called for, and answer to the charges that may then be brought 
against him, respecting his being inimical to said States. [Passed 
August 13. 



CHAPTER 250. 

RESOLVE REGULATING SIZE OF POWDER CASKS. 

Whereas it is not only very inconvenient, but also detrimental Legislative 
to the Gun Powder manufactured in this State to put it up in CouncU, 
large Casks, and to make the Casks full : ^^"■' ^' 

Therefore Archives, 

Resolved, That the Overseers of each of the Powder Mills in this -^-^ — '■ 

State be and they hereby are directed to procure Barrels that will 
contain one hundred and ten pounds, and half barrels that will 
contain fifty-five Pounds of Powder, made of Stuff thoroughly 
season'd, and that they put one hundred Pounds into each Barril 
and fifty Pounds into each half barrel, that the Powder may have 
room for motion when the Casks are moved to prevent its being 
matted together — 

* This date is August 12 according to Legislative Records of the Council. 



100 



Resolves, etc. — 1777-78. [Chaps. 251, 252.] 



And that no Powder be put into any Casks but such as are 
mentioned above, and that the Secretary be directed to furnish 
the Overseers of the Powder Mills with a Copy of this Resolve. 
[Passed August 13. 



CHAPTER 251. 



Legislative 
Records of 
Council, 
xxxviii., 5. 
Mass. 
Archives, 
ccxv., 38. 



the 



RESOLVE IMPOWERING THE COURT OF SESSIONS TO MAKE FURTHER 
ALLOWANCE TO THE GOAL KEEPERS IN THE SEVERAL COUNTIES. 

It haveing been represented to this House, that the allowance 
by law Established for the Supply of prisoners in the Common 
goal in the several Counties within this State is Insufficient: 
therefore 

Resolved That the Court of General Sessions for the several 
Counties in this State, be and they are hereby Impowered, to 
make such further allowance to the Goalkeeper in said Counties 
respectively, as shall appear to them necessary for the support of 
said prisoners. [Passed August 13. 



CHAPTER 252. 



Legislative 
Records of the 
Council, 
xxxviii., 6. 
Mass. 
Archives, 
ccxv., 40. 



RESOLVE IMPOWERING THE COUNCIL TO ADVANCE ONE MONTH'S 
PAY TO OFFICERS IMPRISONED AT NEW YORK OR LONG ISLAND. 

The Committee of both Houses Appointed upon the Letter of 
Lieu' John Blunt, now a Prisnor at Long Island, also to Consider 
the situation of those officers in like Circumstances at Long Island 
belonging to this state, and report what was Proper to be done for 
their relief, have attended that service, and Considering the im- 
propriety of any Partial exchange taking Place at this time, and 
that good Pollicy as well as Humanity dictates that all the officers 
belonging to this state now with the enemies at New York or 
Long Island ought to be in some measure relieved by this Court, 
therefore beg leave to report the following resolve 
which is Submitted 

Moses Gill ^ order. 

Resolved that the Council be and hereby is impowered, and re- 
quested to transmitt to each and every officer in the land service 
belonging to this state either at New York or Long Island from 
time to time, as offen as the said Council may Come to the Knowl- 
edge of their Names, Situation and rank. One month's advance 
pay Agreeable to the Continental Establishment for 1776 in Hard 
money, and Acquaint General Washington therewith to the end 
that the said advance money may be deducted from their Several 
rolls when they shall be presented for payment, and the Treasurer 
is Hereby dirictcd to Charge all such warrants from the Council to 
the Continental Account. 

In the House of Representatives 

Read & accepted 
In Council 

Read & Concurred. [Passed August 14' 



[2d Sess.] Resolves, etc. — 1777-78. 101 



CHAPTER 253. 

RESOLVE FOR PENSIONING PERSONS DISABLED IN THE SERVICE 

OF THE STATE. 

Resolved that all persons in the service and pay of this State Legislative 
who have Sence the 18"^ of april, 1775, or may hereafter lose a couS °^ ^""^ 
Limb in any Ingagement with the Enimies of the united States ^^''^"'- ^■ 
of amirica Either by Sea or Land, or shall be otherwais So Dis- Archives, 

abeled as to be rendered incapeble of giting a Livelihood, shall be '^'^^^" ^^' 

Intitled to a Pinsion in the Same maner as is provided for those in ^p^p^^i^gg 
the Service of the united States by a Resolve of the Hon**' Con- ccixxxiv.,' 62, 
gress, dated Aug' 20''*; 1776 And that John Lucas, Continental 
Commissary of Pensioners in this State, be and he hereby is ap- 
pointed Commissary of Pensioners and in the Service & pay of this 
State, and is hereby directed to represent all such Persons to this 
Court for allowance and keep a seperate Record of the same. 
[Passed August 14- 



CHAPTER 254. 

RESOLVE IMPOWERING THE COUNCIL TO APPOINT A 3" LIEUTEN- 
ANT IN THE BOSTON LIGHT INFANTRY COMPANY. 

Resolved that the Councill be and they hereby are Impowered Records of the 
to Give a Commission for a third Lieutenant in a Company of Council, 
Light Infantry in the Boston Rigment, Comanded by Col° Jabez Mas^." ' 
Hatch, anything in the Melitia Act to the Contrary Notwithstand- ^/x^^ll* 
ing. [Passed August 14- ' 



CHAPTER 255. 

RESOLVE RESPECTING STATE STORES IN THE NORTHERN DE- 
PARTMENT. 

Resolved that Hezekiah Smith, Esq"', the Comissary of this State Legislative 
for the Northern Department be directed as soon as may be to counctf °^ ^^'^ 
lay before the Commander in Chief of the Department afores*^, xxxviii.,'9. 
an Accompt of the Stores belonging to this State which were de- Ar^chives, 
posited in the Continental Store at Fort George & removed from ^°^'^- *^- 
thence with the Continental Stores, & in order that they may be 
returned to him in like Specie, or in case they Should have already 
been distributed to the Continental x\rmy, that in such case this 
State may be allow'd & paid for the same. [Passed August 15. 



CHAPTER 256. 

RESOLVE DIRECTING BOARD OF WAR TO FURNISH NAILS FOR RE- 
PAIRING CAMBRIDGE GOAL 

On the Petition of John Cuming & Jonathan Brown, A Com- Legislative 
mittee to repair the Goal at Cambridge, praying for nails for that cou°p|f °^ ^^^ 

purpose. xxxviii.,'9. 

Resolved the prayer of the petition be granted and the Board of Ar^chives, 
War be & hereby are directed to deliver out of the public Store to '^^^^■' ^^- 
John Cumings & Jonathan Brown or their order, three thousand & Mass. 
three hundred double Tens to repair the Goal at Cambridge, they ccxvjii- 
paying for the same. [Passed August 15. ccixxxiv., 63. 



; 



102 



Resolves, etc. — 1777-78. [Chaps. 257-259.] 



CHAPTER 257. 



Legislative 
Records of the 
Council, 
xxxviii., 9. 
Mass. 
Archives, 
ccxv., 49. 

Mass. 
Archives, 
ccxv., 50, 51. 



RESOLVE PROVIDING FOR THE ENLISTMENT OF A GUARD FOR THE 
PUBLIC STORES AT SUDBURY. 

Resolved that Tho' Plimton, Esq, be & he is hereby impower'd 
& directed to inlist One Corporal & Six privates as a Guard to the 
Stores belonging to this State deposited in the Town of Sudbury, 
to serve till the last Day of December next unless sooner dis- 
charged, to be paid & billited by this State at the same rate & 
in the same manner that the Corporals & privates Guarding the 
Continental Stores are paid & Billeted, & to be under the Com- 
and of Such Continental Officers as are already appointed to guard 
the public Stores in that Town. [Passed August 15. 



CHAPTER 258. 



Legislative 
Records of the 
Council, 
xxxviii., 10. 
Mass. 
Archives, 
ccxv., 52. 



RESOLVE DIRECTING COMMITTEE ON SEQUESTRATION TO EXHIBIT 
THEIR ACCOUNTS TO THE GENERAL COURT. 

Resolved that the Committee of Sequestration be & they hereby 
are directed to exhibit to this Court at the next Session thereof, a 
particular account of all the Goods & Effects taken under their 
Care, what they have disposed of, the Price & the persons to whom 
they have been sold or delivered, & what they have on Hand. 
[Passed August 15. 



Legislative 
Records of the 
Council, 
xxxviii., 10. 
Mass. 
Archives, 
ccxv., 58, 64-68. 

Ma.ss. 
Archives, 
ccxv., 53-56. 
Legislative 
Records of the 
Council, 
xxxviii., 3. 



CHAPTER 259. 

RESOLVE FOR COMPLEATING THIS STATE'S QUOTA OF THE CON- 
TINENTAL ARMY. 

Whereas it appears by returnes made into the Secretary's 
office that the Proportion of the Continental army directed to be 
raised in this State is far short of being compleat. And as the 
military officers. Select men & Committees in many Towns and 
Plantations have by their generous exertions, raised their full 
proportion, while others have neglected their duty in this Regard, 
notwithstanding the repeated resolutions and pressing demands of 
the General Court; And as it is necessary in order to do equal 
justice through the State in the present situation of affairs, to 
compel those military officers. Select men and Committees in 
Towns and Plantations that have been and now are delinquent in 
that respect, immediately to furnish their respective quotas of 
men, and also that a return thereof may l)e made to the Secre- 
tarys office, expressing the Names of the men & the Towns and 
Plantations for which they are inlisted or drafted, and that the 
men may be marched into the Field without further loss of Time, 

It is therefore 

Resolved that the Brigadier or the Commanders of the Brigade 
in each County of this State, shall immediately, on receipt hereof, 
issue his orders to the Colonel or commanding officer of each 
Regiment in his Brigade, or where no such officer is, to the Select 
men & Committee of Safety, that they cause the_ several Com- 
panies in each delinquent Town or Plantation within their re- 
spective Regiments to be called together, and a number of men 



[2d Sess.] Resolves, etc. — 1777-78. 103 

Including such as have already inlisted, or have been drafted 
to Serve as Soldiers in the Continental Service till the Tenth day 
of January next, equal to one seventh part of such Town or 
Plantations male Inhabitants on the first day of January last 
from sixteen years old and upwards, at Home or abroad, except 
Prisoners of War taken from the Enemy & the People called 
Quakers, to be forthwith inlisted for the said Service for the 
Term .of three years or during the War, or drafted to serve 
therein for the Space of eight months from the day such draft is 
made, and they shall sosenably from Time to time renew their 
drafts for eight months to relieve so many as they shall respec- 
tively be deficient in, by Inlistment for three years or during the 
war, and cause the men so Inlisted or drafted to be mustered 
by the County muster master. The drafts to be made from the 
Trained band and alarm list & all others Indiscriminately of their 
respective Companies. 

And it is further 

Resolved that if any Man shall be drafted as aforesaid, who 
shall not pass muster or be of sufficient ability of Body to serve 
in Person, he shall nevertheless be obliged to hire some able 
bodied effective Man to serve in his Stead, or pay the Fine, if of 
ability to pay it for not Serving within Twenty four Hours, and 
in default thereof the Persons drafting him shall and may Issue 
a Warrant of distress directed to the proper officer to levy and 
collect the same by distress and Sale of the delinquents Goods 
and chattels, and the officer to whom the Warrant of distress 
shall be directed, is to be governed in the execution thereof by 
the Rules prescribed for collecting public Taxes: and any able 
bodied effective man who may be drafted as aforesaid, and duly 
notified thereof who shall not within Twenty four Hours [after 
procure some able bodied effective man in his room, to the accept- 
ance of those who drafted him, or within Twenty four Hours] 
pay them a fine of Fifteen Pounds, shall be considered as a Soldier 
in the continental army for the Term of eight months then next 
following to every intent and purpose, and shall forthwith be 
marched to join such Regiment Raised in this State serving to 
the Southward or Westward, as the General or Commanding 
officer of the Continental Troops within this State shall direct, 
and in Towns and plantations where a Company shall be destitute 
of a Captain or Subaltern to discharge the duties enjoined by 
these resolutions, the Selectmen & Committees, or the major part 
of them, or where there is but one of those orders such of them 
as may be there subsisting shall have all the power and author- 
ity given by these Resolutions to the Commission officers of any 
Company. 

And the muster masters already appointed by this Court to 
muster Continental Soldiers are hereby authorised and Im- 
powred to muster the same, if they are able bodied effective 
men; and also to pay the bounty granted by this State, to such as 
shall produce a certificate from the Persons drafting, Specifying 
that such Person since being drafted has inlisted into the Service 
of the united american States for the Term of three years or 
during the Warr. 

And in case by the paiment of fines and forfeitures as aforesaid 
throughout the individuals of any company, a deficiency as to the 
said seventh part shall remain, The Commission officers thereof 
shall draft over again & again till the same shall be Com pleated, 
by hireing with fines paid or by drafting as aforesaid, and all male 
Persons upwards of sixteen years of age, that have been Resident 
in any Town or Plantation for the Space of three months next 



104 Resolves, etc. — 1777-78. [Chap. 259.] 

preceeding the passing these resolutions shall be considered as 
Inhabitants thereof and be subjected to be drafted accordingly, 
except Prisoners, such persons as have been driven by fear of the 
Enemy from any other State and such as Stand accused by any 
Town as Inimical & dangerous to the united States in pursuance 
of a Law of this State, and the People called Quakers, and any 
drafted Soldier for eight months as aforesaid, who is unprovided 
with a fire arm and other military accutriments prescribed 'by the 
militia Law, and who is not of ability to procure them, shall be 
forthwith Supplied therewith by the Select men of the Town or 
the Committee of the Plantation to which such Soldier shall 
belong, at the expence of the Town or plantation, and the said 
Select men & Committee are hereby respectively impowred, in 
case they cannot procure them otherwise, to procure them by 
impressment, paying therefor such Sums as indifferent persons 
shall appraise them at, such prices to be deducted from the Wages 
of such Soldier as soon as it becomes due, and shall also at the 
Town or plantation expence forthwith advance them provisions 
sufficient to march them to the place of Rendezvous, or pay them 
two pence a mile to procure it. 

And in order that justice should take place in the several parts 
of any Town or Plantation now remaining deficient: It is 

Resolved that in all drafts that shall be made in any Town or 
Plantation in consequence of this resolve for the purpose of com- 
pleating the quota or proportion of the continental army, due 
regard shall be had to the numbers in any particular Company 
and the Numbers they have furnished, and no more shall be 
drafted from any military Company than their proper proportion 
of said Town or Plantation's Quota. 

And Whereas the Select men of some Towns and the Commit- 
tees of some Plantations have neglected to make returnes of their 
Numbers upon Oath into the Secretarys office, which has render'd 
it difficult to ascertain such Town & Plantations proportion of 
the Continental army: It is therefore 

Resolved that the several commanding Officers of each Regiment 
be and hereby are Impowred & directed to call upon such delin- 
quent Select men & Committees for a returne of the Number of 
their male Inhabitants from Sixteen years old and upwards on 
the first day of January last; at Home or abroad and the Select 
men or Comittees who may be so called upon, refusing or ne- 
glecting for the Space of Three Days next after such demand to 
deliver such returne on Oath, to be taken before some Justice of 
the Peace of the County where they live or the Town Clerk of 
their Town, if there be no Justice of the Peace in the Same, who 
is hereby impowred to administer such Oath, shall Individually 
forfeit and pay Twenty Pounds, one quarter part thereof to the 
use of such officer, and the other three quarters for the use of 
the Town or Plantation to which they belong for the purpose of 
procuring Soldiers for the Continental armey, to be sued for and 
recovered by such Commanding officer, by action of Debt in any 
Court proper to hear and determine the same with full Costs of 
prosecution. 

And to the end the Several CoP^ or Commanding officers of 
each Regiment may be informed What Towns or Plantations have 
been delinciuent in this Respect, and also how many men each 
Town & Plantations Quota ought to Consist of, The Secretary of 
this State is hereby directed to Certify to the commanding officer 
of each Brigade the Name of the Town & Plantation in their 
respective Brigades, whereof no such retur[n] is made into his 
office, and likewise the Names of the Towns & Plantations whereof 



[2d Sess.] Resolves, etc. — 1777-78. 105 

returne has been made upon Oath, and the Number such Towns & 
Plantations have made returne of. 

And the commanding officer of each Regiment or where no such 
officer is the Select men & Committees shall without delay make 
returne to the Brigadier, or the commanding officer of the Brigade, 
expressing the Names of the men and the Town or Plantation 
from whence they are Inlisted or drafted, and the Brigadier or 
Commanding officer of the Brigade, shall also immediately make 
returne by express or otherways to the Secretaries office. 

And it is further 

Resolved that every Brigadier, or the Commanding officer of a 
Brigade who shall refuse or neglect to execute and discharge the 
duties in these Resolutions prescribed him, shall be forthwith dis- 
missed from that high & important office. 

And every commanding officer of a Regiment who shall refuse or 
neglect to discharge the duties enjoined him by these resolutions 
shall be reported by his Superior officer to the General Court. 

and all other Commission officers, neglecting or disobeying the 
Commands of their Superior officers in putting these resolutions 
into Execution for furnishing the Quota of any Town plantation 
or Company's proportion of the Continental army, for each man 
so deficient in the Company to which they belong on the Tenth 
Day of Septem'' next shall severally forfeit the Sum of Six Pounds 
and Four Pounds monthly, for every month after that time such 
deficiency of each man shall remain. 

And the Select Men and Committees neglecting or refusing the 
duties required of them, by these Resolutions shall Individually 
be liable to the same Fines and forfeitures as the Commission 
officers last mentioned. The said Fines and Forfeitures shall be 
three Quarter parts to the use of the Town or plantation where 
they may be Incurred for the purpose of procuring Soldiers, & the 
other quarter to the person prosecuting, and may and shall be 
sued for by the Town Treasurers, respectively, where any, such 
officer is chosen, and where there is no Town Treasurer, the said 
Fines & forfeitures may be Sued for & Recovered in any Court 
proper to hear & determine the same By the Col° or Commanding 
officer of the Regiment where such Forfeitures may be incurred 
with full Costs of prosecution. 

And every Town Treasurer, or Colonel, or other comanding 
officer of a Regiment that shall neglect to prosecute for the s** 
Fines & forfeitures, shall forfeit the Sum of one Hundred Pounds 
to the use of this State to be recovered by the Treasurer or Re- 
ceiver general thereof in any Court proper to hear and determine 
the same. 

And Whereas it is not reasonable that this State should provide 
Blankets for Soldiers drafted to Serve in the Continental army for 
short terms. 

It is therefore 

Resolved That such persons as may be drafted and muster'd for 
eight months as afors** shall be immediately Supplied therewith by 
the Select men of the Towns or Committee of the plantations; at 
the said Town or plantations expence respectively that is to each 
Soldier one Blanket. [Passed August 15. 



106 



Resolves, etc. — 1777-78. [Chaps. 260-262.] 



Legislative 
Records of the 
Council, 
xxxviii., 14. 
Mass. 
Archives, 
ccxv., 69. 

Mass. 
Archives, 
ccxv., 70. 



CHAPTER 260. 

RESOLVE PROVIDING THAT A DETACHMENT BE RAISED FOR THE 
DEFENCE OF TRURO AND VICINITY. 

On the petition of Reuben Higgins signed ^ order of Select 
Men & Committee of Truro, 

Resolved 

That the Board of War be & they are hereby directed to furnish 
the Town of Truro with two Field peices two or three pounders & 
Carriages for the same; & thirty rounds of Grape shot, & twenty 
Iron balls for each s^ field peices & powder Equivalent if necessary 
Also 

Resolved That a Number of Men, not exceeding thirty, including 
one Captain, one Lieutenant & two Serjeants be raised in said 
Town of Truro & the neighbouring Towns, as shall be most con- 
venient whose Business it shall be constantly to exercise, use & 
improve said two field peices, together with two other peices of 
Cannon already at Truro, or in the Neighbourhood thereof, for 
the Annoyance of our Enemies, & for the protection and Defence 
of those parts as the Exigencies of the Case may or shall from 
time to time require. The Establishment & Rations for said thirty 
men to be the same with those last allowed to the men raised for 
the Defence of the Sea Coasts and the Council are desired to ap- 
point the officers. & to give directions for Effectually preventing 
all Intercourse with the British men of War in the harbour or on 
the Coast of Cape Cod. [Passed August 15. 



CHAPTER 261. 



Legislative 
Records of the 
Council, 
xxxviii., 15. 
Mass. 
Archives, 
ccxv., 73. 

Mass. 
Archives, 
ccxv., 74. 
Legislative 
Records of the 
Council, 
xxxii., 173. 



RESOLVE DIRECTING THE COMMISSARY TO DELIVER AMMUNITION 
TO THE SELECTMEN OF ROCHESTER. 

Whereas it Appears to this House, that the Select Men of the 
Town of Rochester did Supply a number of Soldiers in the Service 
of this State, with 30 w' of Powder, and 68 w' of Ball being part 
of the Stock of amunition belonging to Said Town, agreeable to a 
Resolve of a Congress of the then Province of the Massachusetts 
Bay att Watertown June 21^ 1775 therefore 

Resolved that the Commissary of this State be and he is hereby 
directed to Deliver to Said Select Men Said quantity of amuni- 
tion and also an allowance for transporting the Same. [Passed 
August 15. 



CHAPTER 262 



RESOLVE DIRECTING THE TREASURER TO CREDIT STATE AGENTS 
WITH THE AMOUNT DUE FOR ARTICLES DELIVERED THE BOARD 
OF WAR. 

Legislative Resolved that the Treasurer of this State be & he hereby is 

CoS impowered & directed to pass to the Credit of the Agents of this 

M^^s"' ^^' St^te ^^^ ^™o' «f such articles as they have deliver'd to the Board 
Archives, of War & for which the s'^ Board have not paid them & to charge 

^S!^I:il^ the same to the Board of War in part of the appropriation made 

Ar^chives, them by this Court. [Passed August 15. 

ccxv., 72.' 



[2d Sess.] Resolves, etc. —1777-78. 107 

CHAPTER 263. 

RESOLVE RELATIVE TO SUPPLYING TOWNS WITH SALT. 

Wheras by a Resolve of the General assembly of this State Legislative 
Bearing date in June Last the Agents of Said State ware directed cou^cif," 
to Furnish to a Number of Towns a Certain Quantaty of Salt ^^^"■' ^''• 
Each, at 10/ p" Bushel as Published in the Boston Papers Giving Archives. 

Notis to Said Towns thereof and whearas the Quantity of Salt ^^^^ — '- 

in the Agents hands was found Insufficient to furnish the Same. 

Therefore 

Resolved that the Board of War be and they are hereby Directed 
to deliver the Selectmen of Such Towns as have not Received their 
part of the Same, as Soon as they Shall have a Sufficient Quantity 
on hand over and above what Shall be Necessary for the State 
Stores Said Select men applying and paying for the Same as 
Above. [Passed August 16. 



CHAPTER 264. 

RESOLVE PROVIDING THAT GUARDS SHALL BE SUBJECT TO MILI- 
TARY RULES AND REGULATIONS. 

Whereas it has been Represented to this Court that some of ^1^^^ of the 
the militia detached as Guards to the Continental or State Stores, Council, 
have in some Instances kept their Guard negligently; in other Mass. ' 
Instances have left their Post and gone to their respective homes. 4x°v.'^8i.' 

And Whereas a doubt has arisen what rules or regulations they ' 

are to be Governed by, Therefore 

Resolved That all such persons as have been or shall hereafter, 
be detached from the Militia of this State for the purpose of keep- 
ing guards as aforesaid Shall be subject to & governed by the 
Rules & Regulations Provided for the Government of the forces 
in the Service and pay of this State; and the Continental Gen- 
eral Commanding in this State is hereby Impowered to appoint 
General Courts Martial and to approve or disapprove of the Sen- 
tences of such Courts Martial as he shall Judge Just & Equi- 
table according to the aforesaid Rules and regulations, [Passed 
August 16. 



CHAPTER 265. 

RESOLVE EXCUSING SELECTMEN FROM PROVIDING CAMP-KETTLES. 

Whereas by a Late Resolve of this Court for raising one sixth Legislative 
part of the able bodied men in the Militia in several Counties in coSidf," 
this state mentioned in said Resolve the select men of the several ^g^"" ^^' 
towns from which the said Detachment is to be raised are Di- Archives, 
rected to provide Camp-Keetles for the men raised in their Re- ^''^^ ' 



spective towns — 

And whereas it appears to this Court that a sufficient number of 
Camp-Keetles are or will be otherwise provided Therefore 

Resolved that the select-men aforesaid be & hereby are excused 
from providing any Camp-Keetles for the Detachment of the 
Militia af ores'*. [Passed August 16. 



108 



Resolves, etc. — 1777-78. [Chaps. 266-268.] 



CHAPTER 266. 



RESOLVE PROVIDING FOR THE RELIEF AND DEFENCE OF THE IN- 
HABITANTS OF NOVA SCOTIA. 



Legislative 
Records of the 
Council, 
xxxviii., 18. 
Mass. 
Archives, 
ccxv., 83. 



Whereas by Letters from John Allen & Stephen Smith it 
appears to this Court that the Inhabitants of nova Scotia are in a 
distressed situation & may be subject to further depredations from 
the Enemy as the Expedition to have been carried on against 
them is layed aside therefore 

Resolved that One Company of the troops raised or rasing for 
the intended expedition aforesaid be kept in pay for their defence, 
& Offecered by the Council; and that the 13 barrells of Pork 37 
barrells of Beef, 20 barrells of Flour & 52 barrells of Bread sent 
there and since ordered back, remain there for the use of the said 
Company & Inhabitants, to be distributed as the Council shall 
direct & also such a part of the Fire Arms, iVmmunition & Ac- 
coutrements as have been sent as aforesaid as the Council shall 
judge sufficient for the said Company remain there also to be 
distributed as they shall direct, any order or resolve of this Court 
to the Contrary notwithstanding. [Passed August 16. 



CHAPTER 267 



RESOLVE GRANTING £3,000 TO THE COMMITTEE FOR FORTIFYING 
BOSTON HARBOUR. 



Legislative 
Records of 
Council, 
xxxviii., 18. 
Mass. 
Archives, 
ccxv., 84. 



the 



Mass. 
Archives, 
ccxv., 85. 



Resolved that the Committee for fortifying the Harbour of Bos- 
ton be & hereby are Impowered to Allow Common Labourers 
they now or hereafter shall in consequence of the Orders of this 
Court Employ four pounds ^ month till the last day of October 
next if they find it necessary, and to Enable the Committee 
Effectually to proceed in said Business, that a further Sum of 
Three Thousand pounds be granted to said Committee they to 
be accountable to this Court for the Expenditure of the same. 
[Passed August 16. 



CHAPTER 268. 

RESOLVE FOR SUPPLYING THE POOR OF BOSTON WITH CORN AND 

FLOUR. 



Legislative 
Records of the 
Council, 
xxxviii., 18. 
Mass. 
Archives, 
ccxv., 86. 



Ox A Petition of the Committee of Correspondence inspection 
& Safety for the Town of Boston, Praying that the Poor may be 
Supplyed with a quantity of Bread Corn. 

Resolved that the Board of War be and are hereby directed to 
deliver to the Selectmen for the Use of the Poor inhabitants of the 
Town of Boston five hundred Bushels of Indian Corn they pay- 
ing a Reasonal)le price for the same. And whereas there is a large 
Quantity of Flour under the Care of the Commissary General in 
the Stores at Weston or Sudbury 

Ordered that the Commissary General be and hereby is directed 
and Impowered to dispose of two hundred Bis Flour to the Bakers 
of the Town of Boston for the supply of the Inhabitants with 
Bread at such a Price as he shall think just & equitable the 
Monopoly Act Notwithstanding. [Passed August 16. 



[2d Sess.] Resolves, etc. — 1777-78. 109 



CHAPTER 269. 

RESOLVE DIRECTING THE COMMITTEE OF SEQUESTRATION TO DE- Legislative 

LIVER HATS TO LIVINGSTON & TURNBULL AND SUNDRY ARTICLES Records of the 

TO THE CONTINENTAL AGENT FOR THE SHIP RANGER. Council 

xxxviu., 19. 

Mass. 

Resolved that the Committee of Sequestration be & hereby are ^x'^v.'Ts.' 
directed to deliver to Livingston & TurnbuU 376 Hats, & the ^^^^ ' 

Articles in the annex'd Schedule to Jn° Bradford Esq. Continen- Archives, 
tal agent, for the Use of the Ship Ranger at such Prices as they the ccteiv.' 64! 



s'' Comm" shall judge equitable the monopoly Bill notwithstanding. lIw^^v^ 583 
[Passed August 16. chap.'u.' 



CHAPTER 270. 

RESOLVE VESTING THE COUNCIL WITH CERTAIN POWERS DURING 
THE RECESS OF THE GENERAL COURT. 

Whereas it may be of Public Utilitv that, untill the next Legislative 

f 1 r> -I r~< • "" 1111 1 • Records of the 

Sitting or the (jeneral C ourt, certain powers should be vested in Council, 
the Council, other than those with which they are ordinarily f^ss."" ^^' 
Cloathed therefore ^x^v'Ts' 

Resolved That the Honb''' Council during the recess of this Court rj^ — - — 

& untill the next sitting of the General Court be and hereby are Archives, 
fully authorized and impowered to nominate & appoint, as Occa- '^^^^'' *^" 
sion may require, such Commission Officers in any of the Land 
Forces, Armed Vessells or Vessels of War in the Service and pay 
of this State and also in the militia, whose places, by Death or 
otherwise are vacant, as to them shall appear necessary, and put 
them under the Command of such other officer, or officers as they 
shall Judge proper 

And it is 

Resolved that the Council during the recess Aforesaid be & 
hereby are also impower'd & authorized to treat with any Indians 
that may arrive in this State, & make such provision for them as 
they may Judge necessary 

And it is also 

Resolved that the major part of the Council during that time 
shall have full power & authority to Examine, allow, & pass upon 
the pay rolls of the Sea Coasts men & their Commissaries Ac- 
counts, & also the pay Rolls of the Militia who have been in 
Service, any Act or Resolve to the Contrary notwithstanding; and 
that any seven of them be & they hereby are Impowered to Grant 
Warrants upon the Treasury for the Payment of the Same, & the 
Treasurer of this State is hereby directed to pay any such Warrants. 

And whereas the present Situation of Machias & the parts ad- 
jacent in this Government may require particular Regulations & 
Supplies during the recess of this Court as aforsaid, it is therefore 

Resolved that the Major part of the Council during that time 
Shall have full power & authority to make Such Regulations, & 
Supplies of Men & Provisions as to them shall appear absolutely 
necessary to the Safety of that part of the State. [Passed Au- 
gust 16. 



no 



Resolves, etc. — 1777-78. [Chaps. 271-273.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Tenth Day of September. A.D. 1777. 



CHAPTER 271. 



RESOLVE IMPOWERING THE SOUTH PRECINCT OF POWNALBOROUGH 
TO CHOOSE A COLLECTOR OF TAXES. 



Legislative 
Records of the 
Council, 
xxxviii., 26. 
Mass. 
Archives, 
cexv. , 249. 

Mass. 

Archives, ccxv., 
2493-1 250. 



ResoWd that the South Precinct in the Town of Pownal- 
borough be and hereby' is impowered to call a meeting of the 
Freeholders & other Inhabitants of said Precinct (Qualified by 
Law to Vote in Town affairs) to Choose a Collector in the Stead 
of Roger Smith who was chosen by S*^ Precinct in march A.D. 
1775 one of the Collectors of Said Precinct & who afterwards re- 
fused to Serve, hereby fully impowering Such Collector who Shall 
be Chosen at Said meeting in stead of said Smith, to Collect all 
Such Taxes as remain uncollected by reason of the Said Smiths 
refusing to Serve & to do all other Matters which a Collector 
chosen at the annual Meeting in the Month of March might 
legally do. [Passed September 12. 



CHAPTER 272. 



Legislative 
Records of the 
Council, 
xxxviii., 27. 
Mass. 
Archives, 
ccxv., 253. 

Mass. 
Archives, 
ccxv., 251, 252. 
Legislative 
Records of the 
Council, 
xxxviii., 25. 



VOTE ON LETTER OF GEN^ HEATH STATING THAT MEN DRAFTED 
FOR SERVICE LACKED ARMS; ACCOUTREMENTS AND BLANKETS. 

The Comittee of both Houses to whom was referred the Con- 
sideration of the within Letter beg leave to Report that the Re- 
solve of the General Court of the 10"" of June last is sufficient to 
arm & accouter the Soldiers referred to, in the Generals Letter, 
and that the Secretary be directed to furnish General Heath with 
a Copy thereof. 
In Council 

Read & Accepted 

In the House of Representatives 

Read and concurr'd. [Passed September 13.^ 



CHAPTER 273 



Legislative 
Records of the 
Council, 
xxxviii., 28. 
Mass. 
Archives, 
ccxv., 254. 



RESOLVE DESIRING MAJ. GEN'- GATES TO APPOINT AND COMMISSION 
OFFICERS TO FILL UP VACANCIES IN THE NORTHERN ARMY. 

Whereas a doubt has arisen to whom it of Right belongs to fill 
up the Vacancies that have already or that may hereafter happen 
in the Battalions belonging to this State. Therefore 

* This date is September 12 according to Legislative Records of the Council. 



[3d Sess.] Resolves, etc. — 1777-78. HI 

Resolved that the Honorable Major General Horatio Gates be 
and he hereby is desired; untill the further order of the General 
Court, to Appoint & commissionate such Officers belonging to this 
State under his command, as will most promote the Good of the 
Service; to fill up such Vacancies as have or may hereafter happen 
in any of the Battalions Belonging to this State in the Northern 
army. [Passed September 13. 



CHAPTER 274. 

BESOLVE REPEALING THE RESOLVE TO PREVENT THE EXPORTA- 
TION OF RUM, MOLASSES, SUGAR, ETC. 

Whereas the Resolve of this Court passed the 5* of February Legislative 
last, prohibiting the exportation of Rum, Molasses, Sugar, and coimcir,*^ * ° 
divers other Articles therein mentioned, as well by Land as Water, ^^*"-' ^^• 
hath been found detrimental to the Commercial Intercourse which Archives. 
ought to be kept up between this and the Neighbouring States. °'^'^^- ^^^- 

TViPrpfnrp Province 

1 nei ei or e La^a, xix., 808, 

Resolved That the said Resolve of the 5"^ of February last and chap. 877. 
■every part thereof be and hereby is repealed. [Passed September 15. 



CHAPTER 275. 

RESOLVE ON THE PETITION OF RUTH OTIS. 

Upon the Memorial of Ruth Otis Wife of Ja^ Otis Esq'' shew- Legislative 
ing that she is in possession of a Province note dated the 20* June couricif °^ *'^^ 
1774 for Two thousand & thirty two pd* LM^ given by the late xxxviii.,'29. 
Treasurer Gray to the s"^ Ja^ Otis Esq*^ and praying that the Archives, 

Treasurer of this State be directed to pay her one Year's Interest °°^'^"' ^^^- 

which became due thereon the 20"' of last month Chives 

Resolved, that the Treasurer & Receiver-General of this State be ccxv., 256. 
& he hereby is directed to pay the Possessor of said Note the one 
Year's Interest due thereon. [Passed September 15. 



CHAPTER 276. 

RESOLVE ON THE PETITION OF CALEB DAVIS. 

On the Petition of Caleb Davis praying that Sundre articles Legislative 
Left by Archb'^ Cunningham now in Possesion of the Committee counctf, °^ *^^ 
of Sequestration may be Delivered him ^^'^•' ^'^• 

Resolved that the prayer of the S'' Petition be Granted and the Archives, 

S*^ Committee are hereby Ordered and dericted to deliver to the ^^^^' ^^^' 

S** Caleb Davis Agent to y" Estate of said Cunningham all the ArXVes. ccxv.. 
Effects in their hands which ware Left by S*^ Archb** Cunningham 259, 259'4. 
in the Town of Boston. [Passed September 15. 



1*2 Kkholvkh, KTC. — 1777-78. [('iiai'. 277.) 



(' II A VT KR 211 . 

REROLVK I'lfOVIDINd FOR 'I'lllO DKFENC'E OF MACHIAS. 
liOBiHiiitivo Tin; < 'oMMiri'KK of holli I louses (() wlioiu wiis rrfcrcd tlic (!()n- 

l{«H!<ll(l« of 111" . /. 1 I ,. II 4 11 l< r I /v I c 

Couiiril, sKlcrnlioii ol (Ik- IrKcr lioiri .loliii All;ui \\^i[ iuid Ollicrs trom 

M iiM^N." ' Macliins, liiivc a< tended tluil. Scrvitrc and iicj; leave to rei)ort the 

A«-i^iv"». '"'"v- I'ollowiiiK llesolves. Autkmah Wakd ^ order 

Mn„„ Hrsohcd. lliiif, Three hundred men includinj^ oflieers he iiiiniedi- 

Arrliiyim, jiicly liaised liv iiiiisl iiiedl ill (he I'iJislern i)a,r(s oT (his S(a(e; To 

IxiKinliiiivi. I he IOiis( \v;ird ol' (he ('oiiii(y ol" ( 'iiiiiherlaiid, and rornied into 

oZn'r.''^^''" <'"■'•*' <'<""I>''">'<'H <-<)nsistiiiK "ol" 100 men Kach IiieliidinK ollicers 

jLxxviii., i^r*. Macli (oiiipiiiiy (o he e(Mmii;inded by one ('ai)(ain one lirs( Lii;*^ 

one Second Lie' and one l']iisij;n, (he whoh' to he eonunanded hy 

Lie' ( Oloiiel I'liineas Nevers h Major (Jeor^f(; Sdllnian and that 

1 hey he eoiumissioned ucu'ordiiij^Iy, and the whole to he Stationed 

at Maehias and to ('ontinne in Serviec; to the last day of Decem- 

her next unless sooner diseharj^ed. It is also 

llr.iolrrd that one hundred Stand ol' (ire Amies he lodged in the 
hands ol' Lie' ( 'oloiiel N<'vers to he taken out ol' those now there 
heloii^^iiif^ to this State, to he hy him (in ease ol" necessity) de- 
livered (o siKrIi of (he Militia, in (hat i)ar( ol' this S(a(e as shall 
assemhie a( Maehias on an alarm and shall he desti(ii(e of l"'ire 
amies, (he said Nevers to he aeeoiinlahie for (lie same. 

Itcnolvcd, that two Nine pounders and one six i)oun(ler with lifty 
rounds of Powder and li;ill for Liich he sent to Maehias and de- 
livered to Lie' ( loloncl Nevers eommandinj^ odicer there with Five 
hundred wei^dit of Powder and (ifleeii hundred wei^dit of Mnscinet 
lialls :iiid one (hoiis:iiid Hints for (he use of (he (larrison in (ji;it 
pl;ice. 

Hc.solrcd (hat .loliii Allan Ls([' l)e and he lierehy is appointed 
('oloiiel (o ('ommaiid (he Indians in (he Las(ern ])arts of this 
State and the ('oiiiicil is hereby dcsir<'(l (o ( 'ommissionate him 
uecordinjfly, 

And it is furl her 

HcsoliU'd. (iiii( John iVIlaii lvs((' he, & he is lu>rel)y andiorized (o 
(like iii(o (lie Servi(;e and pay of this Stale Such and soinany of 
the I'wistern Indians as he shall he able (o i)rocure, &. think proper. 
Kisolnd (ha( (Ikmiumi (hat shall Mnter (he s'' Service aforesaid 
under Lie' < 'olonel Ne\'ers, and Such Indians as shall en(er (he 
S<'rviee as aforesaid under said Allan shall have the sam(> pay and 
Suhsistance that the ("on(inen(al Army have. y\nd that Cap' 
Dyer iv. Cap' Wests eompanys who went to S' Johns with John 
Allan Vm( h.iA'c the same Pay and Siihsistjince. And that the 
Militia who marched (o Maehias a( (he la(e a((ack there he al- 
lowed tli(> same pay (h:il (he Militia lia\e had in Similar Cases. 

licNiilrnl that a Ti-iickhoiise he l"'urnislied ;i( Maehias with tlu" 
following Articles for (li(> Sui)ply of the lndi;iiis (\i/) FAH) Pushels 
Indian Corn, liO Barrels I''lower IT) lirkins ho^s Lard, L*0 Barrels 
Pork .'{ ilo^'shead Molasses '2 di((o rum 'A Pipes Small wines 20 
Barrels Cyder (i Pieces whi(e Bhiiike(s .'{() pieces Blue Siroiides 2 
pieces line Blue Drah 2 D" line Scarle( D" 7 do/.(>n midline shirts 
;{ do/en line Undle D" '2 lioxes Small pipes wi(li niihs a( (he heels 
u (Quantity of Wampum 500 "' Powder, (iftei'U hundred wei^lit of 
Shot & inus(pn't Balls 100 w' thread (> Bai^s Vermillion f)() (Juns 
100 Small hatchets round heads and that they he all delt out to 
(lie Indians on the most reasonahle terms possible by the Truck 
master. .And also that a letter be addressed to the Indian Chief 
thanking liiiu and (hem for their gallant Behaviour and friendly 



[;ji> Sess.] IIesolvt:s, etc. — 1777-78. 113 

aid at Machias in the late attack there and to ( 'on^ratulatc them 
on account of the Sueess of their and our armes in that Quarter. 

Jic.foiced that John Allen Esq' be and he hereby is permitted to 
write a Letter to his father & such other persons in Nova Scotia 
as he shall think proper to procure his familys & Others to he 
conveyed from thence to some part of this State. 

Jinmlvcd that the lioard of War he and heref;y is directed to 
convey Such riuantity of Provision to Machias as will he Sufficient 
With what is aireafly there helonginj^ to this State to Supply the 
men ordered there hy these Jiesolves to the last day of December 
next, and to replace the Provisions borrowed of the Infiafjitants 
for the S' .Johns P^xpedition and not yet paid, And also furnish 
the Truckhouse anrl Lie' Colonel Nevers agreeable to the fore- 
going Resolves. 

licsoLocA that the Council of tliis State be and hereljy are de- 
sired to appoint anfl CJommissionate the (officers and give out 
Inlisting orders accordingly for the .'iOO rrnm aforesaid & send 
Nine Blank Commissions to .John Allan JOsfi"" for three Indian 
Captains and Six Indian Lieulcnants to be }jy him filled up and 
given to Such as he sliall think proper, tliat shall i'lntcr into the 
Service of this State 

Resolved that L' Coll Nevers appoint to the Troops to be 
raised & Stationed at Machias as afores'' one good Surgeon upon 
the pay & subsistence of Surgeons in the Continental army, & 
that the Board of War be directed to Supply him with medicines. 

And whereas there are at Machias two Companies under the 
command of Captains West anrl Dyer, who have done duty and 
l>ehaved well in the late Action at Machias 

Therefore 

Resolved that the said Companies be compleatcd, to the number 
first directed for them, and remain for the same Term of Time, 
and on the same PIstablishment as are provided for the three 
hundred Men mentioned above, and be under the command of 
Lieut. Coll. Nevers. 

In the House of Representatives 

Read and accepted 
In Omncil 

Read & (Joncurrcfj. [Passed Hepterahcr 10. 



CHAPTER 278. 

ORDER PERMITTING MALACHI SALTER TO PROCEED TO HALIFAX 

AND IlETURN. 

Upon the Petition of Malachi Salter praying for Liberty to i>,6rj8kfive 
depart this State for Halifax and to return with his Family & f^^';'" "^ *^® 
Effects to settle in this State. Read & xxxviii.,'29. 

Ordered that the Prayer of Said Petitioner be granterl and that A^hive«. 
the Petitioner have and he herei^y has Permission to proceed to ccxv., 272. 
Halifax for the Purpose of bringing his Family and Effects from ^^^^-^^^ 
thence into this State and it is hereby recommended to all Com- ckxxiii., 'i3ft 
manders of armed Vessels and others to suffer the Said Cap' 
Malachi Salter to pass from this Port to Halifax and from thence 
to Boston in the State of Massachusetts Bay without Molestation 
or hinrJrance. [Passed Heptemher 17} 

1 This date is September 15 according to Legislative Records of the Council. 



114 



Resolves, etc. — 1777-78. 



[CiL\p. 279.] 



CHAPTER 279. 



Legislative 
Records of the 
Council, 
xxsviii., 30. 
Mass. 

Archives, ccxv., 
264-269«. 

Mass. 
Archives, 
ccxv.. 260. 



RESOLVE FOR RAISING 3,000 MEN FOR A SECRET EXPEDITION. 

Resolved, That the Brigadiers of the Several Counties in this 
State hereafter mentioned, be & they hereby are directed to de- 
tach, on or before the 25"* day of Sep' Ins', three thousand able- 
bodied effective men, from the training Band & alarm Lists, to be 
joined by one full Company from Col° Crafts Regiment of the 
train, on a Secret Expedition, to continue in Service thirty days 
from the first day of Ocf next, unless Sooner discharged, & be 
under the command of Such General Officer as the Council shall 
direct (viz') From the County of Bristol 1000 men, from the 
County of Plymouth 900, from the first Regiment in the County 
of Barnstable 180, from the Second Regim' in the County of 
Barnstable 120, from the first Regim' in the County of Suffolk 50, 
from the third Regim' in the County of Suffolk 50, from the fifth 
Regim' in the County of Middlesex 50, from the third Regim' in 
the County of Worcester 50, from the fourth Regim' in the County 
of Suffolk 400, & from the Boston Regim' 200 The aforesaid 3000 
men to be formed into 4 Battalions, each to consist of 8 Com- 
panies, each Company to Consist of, as near as may be, 86 Non- 
commissioned officers & Privates, & be under the command of 
one Cap' & 3 Lieu"; the said Battalions to be formed by the 
Brigadiers of the aforesaid Counties, in the following manner; 
That 800 detached from the County of Plymouth be formed into 
one Battalion, to be commanded by one Col°, one Lieu' Col°, & 
one Major detached from the Militia: 800 of the men detached 
from the County of Bristol, be formed in like manner, into one 
Battalion; the 400 men detached from the fourth Regiment in the 
County of Suffolk, 50 from the first Regim' in Said Sufl^olk, 50 
from the third Regim' in Suffolk aforesaid, 50 from the fifth 
Regim' in the County of Middlesex, 50 from the third Regim' in 
the County of Worcester, & 100 from the County of Plymouth, 
be so formed into another Battalion: The other Battalion to be 
made up of the remaining 200 men to be detached from the 
County of Bristol, with those from the County of Barnstable & 
the Boston Regim'; and that Barnstable, furnish the Col°; Bos- 
ton, the Lieu' Col°; and Bristol, the Major: That all officers and 
Privates shall receive the monthly pay allowed the Continental 
Battalions, & over & above the Continental Establishment, there 
shall be paid by this State to each noncommissioned officer and 
private Soldier 20/ ^ Month. 

And it is further 

Resolved, That each Town in the aforesaid Counties, within the 
limits of the Detachments aforesaid, shall take care to furnish 
their Soldiers, who are unable to furnish .themselves, with a good 
Fire-arm, Bayonet, Cartouch Box, Knapsack & Blanket, & if the 
Soldiers shall desire it, the Selectmen of each Town shall pay their 
respective detachments mileage & for carrying their Packs to the 
place of their destination immediately on their being ordered to 
march, 3 pence p Mile, & prefer their accounts of the Same to 
this Court for allowance & payment. And the Brigadiers & all 
officers of the Militia of the aforesaid Counties & the Selectmen 
of the Several Towns within the limits of the detachments afore- 
said, are hereby directed to See to it that the detachment of their 
respective Counties & Towns, are compleatly accoutered on or 
before the said 25'** day of Sep' ins', & be in actual readiness to 
march on the Shortest notice; & the Brigadiers are directed to 



[3d Sess.] Resolves, etc. — 1777-78. 115 

form the said Detachm" into Regim'" as above directed; & the 
Several Colonels who may be detached to command the Bat- 
talions aforesaid, are enjoined to appoint for their Respective 
Regim", one adjutant, one Quarter-master, one Surgeon & one 
Surgeons mate; & the Brigadiers shall appoint one Brigade- 
Major to each Brigade. 

And it is further 

Resolved, that any person who Shall be detached as aforesaid, who 
shall not in 24 hours after he is so detached, hire a man in his room, 
to the acceptance of the officer that detached him, or Shall refuse 
to equip himself, or march when ordered by his commanding offi- 
cer, shall be considered as a Deserter, & punished accordingly. 

And it is further 

Resolved, that the Council be, & they are hereby desired to give 
their orders to the two Brigadiers who shall be appointed for this 
Expedition by this Court that they prepare themselves on or 
before the said 25"* day of Sep' to take the command of the 
aforesaid Detachm'' formed into two Brigades; The Suffolk, 
Middlesex, Worcester, Barnstable, & Surplusage of the Bristol 
Battalions to form one Brigade; the other Two to form the other, 
& be in readiness to march the Brigades aforesaid to the place 
of their Destination on the Shortest notice; & that the Council 
give orders to Brigadier Godfrey to march 500 of his Brigade three 
days before the march of the whole, also direct the Board of War 
to furnish the aforesaid Brigadiers with 500 Camp Kettles, fifty 
thousand Cartridges, & two Howitzers, & transport them where 
the Council Shall direct; and at such time as the Council may 
think proper, give their orders to the aforesaid Brigadiers to 
march the aforesaid Brigades, under such Brigadiers as the Court 
may appoint, to annoy the Enemies of the united States where 
they may think proper; and also give their order to Col" Craft 
to detach one compleat Company of his Regim' to march as 
aforesaid, and the Council are hereby further desired to forward 
by Express Letters directed to his Excellency the Gov"" of the 
State of Connecticut, & his Excellency the Gov^ of the State of 
Rhode-Island & Providence Plantation, acquainting them with 
the doings of the General assembly of this State in the premises, 
that they may co-operate with us: and that the Council also write 
to General Spencer informing him of the preparations we are 
making for a Secret Expedition 

also 

Resolved, that any able-bodied men, belonging to any of the 
aforesaid Counties, not detached as aforesaid, may enlist them- 
selves as Volunteers into the aforesaid Service, & may form them- 
selves into like Companies as aforesaid, under officers of their 
own electing, & joining themselves to either of the aforesaid 
Regiments; Shall be entituled to like pay & Subsistance with the 
said Detachment. [Passed September 17} 



CHAPTER 280. 

RESOLVE PROVIDING THAT JOHN HILL BE EXCHANGED FOR LIEUT. 
JOHN CALLENDER. 

On the Petitions of John Hill now a Prisoner in Boston Goal, Legislative 
and Hepzebah Callender of Boston, praying that the said Hill may councif,° 
be exchanged for Lieu' John Callender now a Prisoner in New York, ^l^'' ^^' 

Resolved, that Robert Pierpont Esq Commissary of Prisoners be, ^^'^^^^^x^ 



1 This date is September 16 according to Legislative Records of the Council. 



116 



Resol\tes, etc. — 1777-78. [Chaps. 281-283.] 



Mass. and hereby is ordered and directed to send forward to New York 

d^u^fi37, or to Halifax the said Hill to be exchanged for the said Callender, 
138- agreeable to the Proposal of Joshua Loring Esq^ Commissary of 

Prisoners in New York, of 26* June 1777. [Passed September 17. 



CHAPTER 281. 



RESOLVE APPOINTING JOHN ALLEN, ESQ«, COLONEL OF THE 
TROOPS TO BE STATIONED AT MACHIAS. 



Legislative 
Records of the 
Council, 
xxxviii., 38. 
Mass. 
Archives, 
ccxv., 271. 



Whereas Colonel John Allan is Appointed to the Chief Com- 
mand of the Eastern Indians that now are or that may soon be 
taken into the Service and pay of this State. And it appearing to 
this Court that it will greatly promote the Service of the United 
American States; to have the same person Commander of the 
Troops ordered to be raised by the Resolve of yesterday and Sta- 
tioned at Machias, that is appointed over the Indians: Therefore 

Resolved that John Allan Esq"" be and he hereby is appointed 
Colonel of the Troops Ordered to be raised and Stationed at 
Machias by the Resolve of yesterday, x\nd is hereby directed and 
Impowered to Receive all the Stores directed to be delivered to 
Lie' Colonel Phineas Nevers by the afores'' Resolves and the 
Board of War are hereby directed to Govern themselves accord- 
ingly. And the Council are desired to Commissionate the said 
Allan agreeable to this Resolve. [Passed September 17. 



CHAPTER 282. 

RESOLVE IMPOWERING THE TOWN OF PLYMOUTH TO CHOOSE 
A COLLECTOR OF TAXES. 



Legislative 
Records of the 
Council, 
xxxviii., 38. 
Mass. 
Archives, 
ccxv., 273. 

Mass. 
Archives, 
ccxv., 274. 



On the Memorial of the Hon. James Warren Esq"' Agent for 
the Town of Plymouth setting forth that said Town is destitute of 
a Collector of Taxes owing to a neglect in choosing one at the 
annual meeting held there in march last &c : 

Resolved that the Selectmen of said Town be and hereby are 
impowered & directed to call a Meeting of the Inhabitants thereof 
qualified by Law to vote in Town Affairs, for the purpose of 
choosing a Collector or Collectors of Taxes as they shall think 
proper, which choice shall be as valid to all intents and purposes 
as if it had been made at their Annual meeting in march last, any 
Law to y'' Contrary notwithstanding. [Passed September 17. 



CHAPTER 283 



I..eKislative 
Records of the 
Council, 
xxxviii., 36, 37. 
Mass. 
Archives, 
ccxiv., 275, 276. 



RESOLVE ON THE PETITION OF BENJAMIN WHEELER AND OTHERS 
OF WHEELERSBOROUGH (HAMPDEN, ME.). 

On the Petition of Benjamin Wheeler Ephraim Grant and 
Thomas Campbell a Committee of Setlement called Wheelers- 
borough 

Resolved that the above named Petitioners or either of them 
Serve Colonel Josiah Brewer Jon"* Lowder and Andrew Oilman or 
either of them with a Copy of said Petition and Depositions ac- 
companing said Petition and this Order thirty Days before the 
second Wednesday of the next sitting of this Court and that the 



[3d Sess.] Resol\'es, etc. — '1777-78. 117 

said Josiah Brewer Jonathan Lowder and Andrew Gilman be and 
they hereby are directed to attend this Court on the aforesaid 
Second Wednesday of the next sitting thereof, to make answer to 
the Petition aforesaid. [Passed September 18, 



CHAPTER 284. 

APPOINTMENT OF TIMOTHY DANIELSON AND SOLOMON LOVELL 
AS BRIGADIERS OF THE FORCES RAISED FOR A SECRET EXPE- 
DITION. 

In the House of Representatives 
The House unanimously made choice by ballot of The Hon Legislative 
Timothy Danielson & Solomon Lovell Esq" as Brigadiers to com- coundf, °^ ^^^ 
mand in the Secret Expedition to be carried on agreeable to a ^'^'^"i- ^'^■ 
Resolve pass'd the General Court this Day. Archives, 

In Council ccxv^^^tt^ 

Read & Concurred. [Passed September 18. 



CTTA"P'T'Tr'TI> OOF^ Legislative 

Jnilxlll/rl ZoD. Records of the 

Council, 
xxxviii 41 
RES0L\T: PERMITTING SARAH FIELDING AND OTHERS TO PRO- Mass. ' ' 
CEED TO HALIFAX. Archives, 

ccxv., 278. 



Resolved That Sarah Felding Sarah Brookland Mary Clarke and Mass. 
Ann Robinson be permited to go to Hallifax in the next Cartel ccxv., 279; 
agreable to the prayer of their Petitions. [Passed September 18. i43™'e'gilk'tive 

Records of the 

Council, 

xxxviii., 35, 
36ier. 

CHAPTER 286. 

RESOLVE ON THE PETITION OF THOMAS STINSON AND OTHERS OF 

WOOLWICH. 

On the Petition of Thomas Stinson, and others, to the number Legislative 
of Thirty two of the Inhabitants of Woolwich, praying to be re- Coundf ''^ ^'^^ 
leased from paying Taxes to the Congregational Minister of said xxxviii.,' 41. 
Woolwich, that they may be enabled to maintain the Gospel ac- 
cording to the Presbyterian form, that being most agreeable to their 
Consciences. 

Resolved, That the Petitioners notify the remaining part of said 
Woolwich, to shew Cause, if any ihey have, why the prayer of the 
Petition should not be granted, on the Second Wednesday of the 
next Sitting of the General Court, by serving the Clerk of said 
Woolwich, with a Copy of said Petition, and this Order, Twenty 
Days at least, before the said Second Wednesday of the next Sit- 
ting of the General Court. [Passed September 18. 



CHAPTER 287. 

RESOLVE DIRECTING THE BOARD OF WAR TO FORWARD CLOTH- Legislative 

ING AND SUPPLIES TO THE NORTHERN ARMY. Records of the 

Council, 

Resolved, that the Board of Warr be & they are hereby directed Mass. ' 
without Delay to provide Two thousand one hundred & seventy ^^7281-2826. 
one Blanketts Six thousand six hundred & ninety one pair of Shoes ^^^ 
of the three largest Sizes Four thousand & seventy eight pair of Archives. 

° '^ ccxv., 304. 



118 



Resolves, etc. — 1777-78. [Chaps. 288, 289.] 



Woolen Breeches & four hundred & fifty Watchcoats and two 
thousand Shirts or as many of the above Articles not exceeding 
the above Number as can be procured, & deliver the same as fast 
as provided to the Committee for Supplying that Part of the 
Army raised in this State with Slops & other Stores & the said 
Committee are Directed to forward the Articles to the Commis- 
sarys appointed by this State in the Northern Department to be 
by them Distributed among the Troops raised in this State ac- 
cording to y* Direction the said Commissary may receive from 
the Hon*"^^ Major Generall Gates. And Whereas its represented 
[that] our Northern Army are in Want of [many] of the Neces- 
saries & Conveniences for an A[rmy] and that large Quantities of 
Rum Sugar Port Wine Oat Meal Rice &c now lay in the Con- 
tinental Stores at Springfeild & Westfeild therefore 

Resolved that the Hon''' Major Generall Heath be & he hereby is 
desired to take the most effectual Measures to have such Quanti- 
ties of Rum Port Wine Sugars Rice Oatmeal &c as he may think 
proper, forwarded to the American Army in the Northern Depart- 
ment that they may be made comfortable. [Passed September 19.^ 



CHAPTER 288. 



Legislative 
Records of the 
Council, 
xxxviii., 42. 



ORDER ON THE PETITION OF SIMEON HOWARD. 

On a Petition of Simeon Howard, Setting forth, that at the 
Inferior Court of Common Pleas held at Charlestown in March 
One thousand Seven hundred and Seventy two, he was Defaulted 
in an Action Commenced against him by Phebe Dana, since De- 
ceased, that being then out of the Province, he knew nothing of 
said Action, and therefore praying that the Court now sitting at 
Concord, may be Impowered to try said Action, the Default thereof 
notwithstanding. 

Ordered, That Simeon Howard, the Petitioner, notify Abraham 
Watson the Adverse Party, by leaving an attested Copy of his 
Petition, and this Order, with him the said Abraham, on or before 
the Twenty Seventh Day of September Current, that he shew 
Cause, if any he hath, on Tuesday the Thirtieth Current, why the 
Prayer thereof should not be granted. [Passed September 19. 



CHAPTER 289. 



Legislative 
Records of the 
Council, 
xxxviii., 43. 

Mass. 
Archives, 
OCX v., 98. 

Mass. 
Archives, 
ccxv., 99. 



RESOLVE FOR REPAIRING THE ROADS THROUGH THE GREEN 

WOODS. 

Whereas it appears by the representation of General Heath 
that the roads through the Green woods in the Western parts of 
this State are almost impassable for want of repair whereby the 
Transportation of articles necessary for the army may be greatly 
impeded, therefore 

Resolved that Noah Goodman Esq'' Nathaniel Kingsley Esq' 
Cap' Elijah Hunt & John Chadwick be a Committee to procure 
Men to repair the aforesaid roads in this State and that the Treas- 
urer be and hereby is directed to pay unto said Committee or 
order the Sum of Eight hundred pounds for the purpose aforesaid. 

wSaid Committee to be accountable to this Court for the Ex- 
penditure of the same. [Passed September 19. 

* This date is September 18 according to Legislative Records of the Council. 



{3d Sess.] Resolves, etc. — 1777-78. 119 



CHAPTER 290. 

RESOLVE DIRECTING THE BOARD OF WAR TO SUPPLY CORN FOR 
THE USE OF THE POOR OF MARBLEHEAD, GLOUCESTER AND 
CHARLESTOWN. 

On the Petitions of the Selectmen of the Towns of Marblehead ^^^'^^^f ^j^^ 
Glocester & Charlestown respectively praying in behalf of said Council, 
Towns that they may be supplied with Bread Corn from the stores ^^" ' ^^' 
belonging to this State '^'^^^'^^nn 

Resolved that the Board of War be directed to deliver to the 



Selectmen of those Towns respectively or their Orders Six Hun- Arohives, 
dred Bushells of Indian Corn in the following proportions viz civu., 69. 
Marblehead three hundred & thirty Bushels, Glocester two hun- 
dred & twenty Bushels & Charlestown fifty Bushels, the said 
Selectmen paying therefor the like price as was paid for the 
Indian Corne lately delivered to the Towns of Boston & Salem, 
& that it be delivered from such place or store as the Board of 
War shall order and applied by the Selectmen of those Towns 
respectively for the use of the poor of those Towns, and in Case 
the quantity of such Corn belonging to the State is not sufficient 
for the above purposes that each of said Towns receive of what 
there is, in proportion to the number of Bushels set to each Town 
above. [Passed September 19. 



CHAPTER 291. 

REPORT OF COMMITTEE AND DRAFT OF LETTER TO MAJ. GEN^ 

GATES. 

The Com'^^^ of both Houses upon the Petition of a number of Legislative 

oflficers in the late Col° Francis's Regim', beg leave to report the ^unctf. °^ ^^"^ 

draft of a Letter, to be Signed by the President, & addressed to ^^- *"• 

the Hon''^'^ Mai'' Gen' Gates t ■d,.,,^.^ ^ t^ u Archives, 

J J : Palmer p Ord' cxcviii., 174. 

State of Massachusetts Bay ' 

gjjj Council Chamber Septem'' 19 1777 

Herewith you will receive a Copy of a Resolve of the General 
Court of this State, respecting the filling up Vacancies in that part 
of the Continental Army raised by us. This also covers a Copy of 
a Petition from a number of officers in the late Col° Francis's 
Regim', relative to the Same Subject; and the Court doubt not 
your acting therein, so as to promote the good of the Service. 
That heaven may bless & prosper the Arms of the United States, 
& particularly those of the Northern Army under your command, 
is the ardent prayer of the whole Court, & particularly of 

Sir, with great esteem. 

Your most hum^' Serv' 
In Council 

Read & Accepted 

In the House of Representatives 

Read and Concurred. [Passed September 19. 



120 



Resolves, etc. — 1777-78. [Chaps. 292-294.] 



CHAPTER 292 



Legislative 
Records of the 
Council, 
xxxviii., 39. 
Mass. 
Archives, 
ccxv., 280. 



VOTE ACCEPTING RESIGNATION OF HON. TIMOTHY DANIELSON 
AS BRIGADIER OF THE FORCES RAISED FOR A SECRET EXPEDI- 
TION. 

State of Massachusetts Bay Sep' 18 1777. 

To the Hon''''' Council and Hon*"'" House of Representatives 

May it please your Honors Sensible of the Honor done Me in 
assigning Me the Command of a Brigade on a Secret Expedition, 
return my sincere Acknowledgements, while I barely mention the 
Disaffection that may arise among the troops, by my Appoint- 
ment to the Command of a Brigade in which no Parts of the 
Militia Companies of my own County are formed, must especially 
urge the Situation of my Brother who is imprisoned for killing a 
Man, and likely may be brought to Tryal at the Superiour Court, 
next week or the week after — The tender Fealings of a Brother 
irresistably call me to his assistance. Under such delicate Circum- 
stances your Honors will not think strange that I ask your Leave 
to resign the Appointment. At the same Time it may be called 
fashionable among Gentlemen of the first Rank early engaged in 
the american Cause, on the most slender Pretences to make such 
Resignations, when called upon in the Defence of their Country 
to fill a Post of Danger. However cannot esteem such Patriotism 
therefore shall refer it to the high sensibility & Humanity of your 
Honours, whither it is possible for a Man of Fealing to forget a 
Brother under such Circumstances, and am 

Your Honors most obedient very humble Ser' 

TiM° Danielson 
In Council, 

Read and the Resignation above accepted 
In the House of Representatives 

Read and Concurr'd. [Passed September 19. 



CHAPTER 293. 



Legislative 
Records of the 
Council, 
xxxviii., 44. 
Mass. 
Archives, 
ccxv., 101. 

Mass. 
Archives, 
ccxv., 280. 
Legislative 
Records of the 
Council, 
xxxviii., 39. 



APPOINTMENT OF JOSEPH PALMER AS ONE OF THE BRIGADIERS 
TO COMMAND FORCES TO BE RAISED FOR A SECRET EXPEDI- 
TION. 

In the House of Representatives 
The House made choice by ballot of the Hon Joseph Palmer 
Esq as a Brigadier to command in the Secret Expedition, to be 
carried on agreeable to a Resolve pass'd the 17"" current, in the 
room of Brigadier Danielson who has resign'd. 
In Council 
Read & Concurred. [Passed September 19. 



CHAPTER 294. 



RESOLVE FOR FURNISHING CERTAIN SOLDIERS WITH FIRE ARMS 

AND BLANKETS. 



Legislative 
Records of the 
Council, 
xxxviii., 45. 
Mass. 
Archives, 
ccxv., 102. 



Resolved that the Commissary General be & he hereby is Di- 
rected to deliver each Soldier that is or may be drafted or pro- 
cured to Serve in the Continental army for the term of Eight 
months by any town in this State, that have not marched to 



[3d Sess.] Resolves, etc. — 1777-78. 121 

Join the army, one Fire arm and accoutrements Valueing the 
Same at four Pound ten Shillings, takeing their Receipts for the 
same to be returnd into the Commissary Generals Store when 
Dischargd from the Service and In case of Failure the Town or 
Towns from which said Soldier or Soldiers were Drafted be and 
hereby are Ordered to pay for the same into the Hands of the 
Commissary General And it is further 

Resolved that the Board of War be & hereby are directed to 
deliver each Soldier above mentioned when ready to march one 
Blanket taking his Receipt theirfor and the town or Towns from 
which said Soldiers were Drafted be & hereby are ordered to 
replace their Several proportion of Blanketts so deliverd according 
to the number of Soldiers from each Town or pay into the Hands 
of the Board of War the sum of twenty four shillings for each 
Blanket not so replaced, any Resolve to the Contrary notwith- 
standing and it is further 

Resolved that the said Commissary General be accountable to 
the General Court for the Several sums of money he may receive 
for the arms & accoutrements Aforesaid. [Passed September 20. 



CHAPTER 295. 

RESOLVE APPOINTING EPHRAIM WRIGHT ON COMMITTEE TO 
REPAIR ROADS THROUGH THE GREEN WOODS. 

Resolved that M' Ephraim Wright of North Hampton, be of ^g^^^Jdg'of the 
the Committee appointed to repair the Roads through the Green Council, 
Woods in the Western Parts of this State in the room of M' Elijah m^Js"' ^^' 
Hunt excused. [Passed September 20. Archives, 

■■ -^ ccxv., 103. 



CHAPTER 296. 

ORDER APPOINTING NATHANIEL KINGSLEY A MEMBER OF THE Legislative 
COMMITTEE TO CONSIDER THE INCORPORATION OF A TOWN Records of the 
IN BERKSHIRE COUNTY. ^'^iT.St. 

Mass. 

Ordered That Capt Nathaniel Kingsley be of the Committee ap- tcxw]Jm. 
pointed the 5"" of April last on the Petition of Elisha Freeman & Province 
others Inhabitants of part of Hartwood Great Barrington &c : Laws, v.. 739^ 
and of Simon Calkins, praying the said Inhabitants may be incor- 829,^notes. 
porated into a Town, to repair to the Premises &c in the room of 
M'' Root deceas'd. [Passed September 20. 



CHAPTER 297. 

RESOLVE DIRECTING THAT 100 MEN DETACHED FROM THE BOS- Legislative 
TON REGIMENT JOIN COL<* THOMAS CRAFTS' ARTILLERY REGI- Records of the 
MENT. Council, 

xxxviii., 47. 

Mass. 

Resolved that one hundred of the Melitia Lately ordered to be ^xv'Toi 
Detachd from the Boston Regem' on A Secret Expedition for province 
thirty Days be Annexed to Col° Tho^ Crafts Rigem' of artillery to Laws, xix., 
be under the Command of Said CoP Crafts or Such officers as he ^^^' '^ ^^' " " 
shall Appoint, and to do duty in Said Reg' for the Said Term of 
Thirty days, Unless Sooner discharged 



122 



RES0L^'Es, ETC. — 1777-78. [Chaps. 298-300.] 



and it is Further 

Resolved that the Councill be desired to order Col° Crafts with all 
his Rigem' (Except so many as he shall think absolutely Necessary 
for Carying on the works in the Labrotary), and Excepting the 
hundred melitia ordered in the foregoing Resolve to be annexed to 
his Regiment, To March on the said Secret Expedition. [Passed 
September 20. 



CHAPTER 298. 



Legislative 
Records of the 
Council, 
xxxviii., 48. 
Mass. 
Archives, 
ccxv., 134. 



RESOL\'E FOR FURNISHING COL^ CRAFTS WITH HORSES AND A 
QUANTITY OF SHALLOON. 

Resolved that the Committee of Sequestration be and they 
hereby are directed to deliver to Coir Thomas Crafts five peices 
of Shalloon or Tammy which they may have in possession. Also 
that the Board of War be & they are hereby directed to furnish 
Coll Crafts with so many Horses as they shall think necessary by 
purchase or hire or if necessary by impressing them which they 
are by this Resolve impowered to do, The said Horses & Shalloon 
or Tammy to be improved by said Coll Crafts in such way as the 
Council of this State may direct. [Passed September 22. 



CHAPTER 299. 



RESOLVE APPOINTING REV^ JAMES LYONS CHAPLAIN TO THE 
TROOPS AT MACHIAS. 



Legislative 
Records of the 
Council, 
xxxviii., 43. 
Mass. 
ArcLives, 
ccxv., 97. 



Whereas it is highly Expedient that all bodies of men Assem- 
bled in' Armes and Stationed at any place for length of time. 
Should be Supplied with a Chaplain Therefore 

Resolved that the Rev** James Lyon Minister of the Gospel at 
Machias Be and he hereby is appointed Chaplain to the Troops 
Ordered to be Raised and Stationed at Machias under the Com- 
mand of Colonel John Allan during the time the said Troops 
shall Continue in the Service aforesaid; The said Chaplain to 
be allowed & paid nine Pounds per Kalender month and three 
Rations per day during his Continuance in said Service. [Passed 
Septeviber 22.^ 



CHAPTER 300. 



I..egislative 
Records of the 
Council, 
xxxviii., 46. 
Mass. 
Archives, 
clxxxiii., 157. 

Mass. 
Archives, 
clxxxiii., 155, 
156; clxxxiv., 
188. Legisla- 
tive Records of 
the Council, 
xxxviii., 44. 



RESOLVE PROVIDING FOR THE DEFENCE OF BOOTHBAY. 

The Committee of both Houses on the foregoing Petition [in 
behalf of the Town of Boothbay and the Places adjacent] have 
attended that Service & beg Leave to report by Way of Resolve 

Resolved that the Board of War be & they hereby are directed 
to send to the Committee of Booth-bay they to be accountable for 
the same two nine & two six Pounds Iron Cannon with Carriages 
& Implements compleat & fifty rounds of Powder & Ball for each 
piece And it is further 

Resolved that a Company of Fifty Men to be commanded by one 
Captain & two Lieutenants be raised in any Part of the Eastern 

» This date is September 19 according to Legislative Records of the Council. 



[3d Sess.] Resolves, etc. — 1777-78. 123 

parts of this State & stationed at Booth Bay & to continue in 
Service untill the last Day of Decern'' next unless sooner dis- 
charg'd by Order of this Court to receive the same Pay & Sub- 
sistence as are allowed the other Sea Coast Companies in the Pay 
& Service of this State. 

And it is further 

Resolved that a Commissary be appointed by this Court to pur- 
chase & issue Provisions to the s'^ Company. 
In the House of Representatives 

Read & accepted 
In Council 

Read & Concurred. [Passed September 22.^ 



CHAPTER 301. 

RESOLVE DIRECTING THE COMMITTEE ON SEQUESTRATION TO 
DELIVER THOMAS CUSHING SUNDRY STORES NECESSARY FOR 
AN ARMED VESSEL. 

Upon the Petition of Tho^ Cushing Esq"" Legislative 

Resolved that the Committee of Sequestration be & they hereby Council!" 
are directed to deliver if in their Possession to the Hon**' Tho^ MaJs"" ^^" 
Cushing Esq"" such Articles as he wants for the Continental Ship Archives^ 
under "his Care, he paying a reasonable Price for the same the Bill 



against monopoly notwithstanding. [Passed September 22. Archives, 

ccxv., 133. 



CHAPTER 302. 

RESOLVE DIRECTING THE COMMITTEE OF SEQUESTRATION TO 
DELIVER SUNDRY STORES TO SAMUEL GARDNER JARVIS FOR 
THE CONTINENTAL BOARD OF ORDNANCE. 

On the Petition of M"" Samuel Gardner Jarvis, Praying that Legislative 
the Committee of Sequestration may be Directed to deliver him, Councif." 
for the use of the Continental Board of Ordnance, fifty Bench j^^'"' *^' 
Vices, One Gross Hand Ditto, fifty Screw-Plates, Three Gross of Archives, 
Files, Twenty pounds of Emery, two Casks white Lead, two Casks '^'^^^" 



Spanish Brown, two Casks Linseed Oil, Sixty pounds Glew, five Archives, 
hundred Sail Needles, two dozen Palms, ten Dozen Bitted Gim- ^*=''^ • ^^9. i3n. 
blets, three Dozen Paint Brushes, twenty thousand of 14 °'' Tacks, 
One Gross Pinchers, One Gross Hammers, two Dozen Rules, four 
Dozen plane Irons, three Cross-Cut Saws, two Dozen Rasps, two 
Dozen paring Chizzels three Dozen Firmers, Six Turkey-Sett- 
Stones, two Dozen p' Compasses, two Dozen Ragstones, three 
Stock-Locks, two Dozen Black Lead Pencils, three Beck-Irons and 
four Anvils. 

Resolved that the Committee of Sequestration be & they hereby 
are directed to deliver if in their possession to M' S. G. Jarvis 
agent for the Continental Board of Ordnance the several articles 
mentioned in his Petition for the Use of s** Board, he paying for 
the same at a reasonable Price the Act against monopoly notwith- 
standing. [Passed September 22. 

1 This date is September 20 according to Legislative Records of the Council. 



124 



Resolves, etc. — 1777-78. [Cil\ps. 303-305.] 



CHAPTER 303 



RESOLVE IMPOWERING WILLL^M INGALLS, ADMINISTRATOR, TO 
SELL REAL ESTATE. 



Legislative 
Records of the 
Council, 
xxxviii., 50. 
Mass. 
Archives, 
ccxv., 126. 

Mass. 
Archives, 
ccxv., 127, 128. 



[Whereas William Ingalls of Newbury-Port in the County]^ of 
Esex, [Admi]^nistrator to [the Estate of Tim]^othy Mackmilion 
late of Salem in said County Deceased intestate by his memorial 
Prayeth that he may be impowered to Sell the Real Estate Set 
forth in Said memorial. 

Resolved that the Prayer be Granted and that the memorialist 
in his Said Capacity of Administrator be & hereby is Licensed and 
Authorized to make Sail of the whole of the Real Estate men- 
tioned in Said memorial for the most it will fetch, and to Execute 
a Good Deed or Deeds there of he first obsarveing the Rules of the 
Law for the Sail of Intestate Real Estates Giveing proper Caution 
to the Judge of Probates for the County of Essex afore Said to 
Pay all the Just debts and Charges and the Remainder to be 
divided amongst the Lawfull Heirs of the Deceased as the Law 
Directs. [Passed September 22. 



CHAPTER 304. 



RESOLVE FOR PAYING A BOUNTY TO THE MEN RAISED FOR THE 
DEFENCE OF MACHIAS AND PLACES ADJACENT. 



Legislative 
Records of the 
Council, 
xxxviii., 50. 
Mass. 
Archives, 
ccxv., 125. 



Resolved that there be a Bounty of three pounds paid to each 
non Commission'd Officer & Soldier who shall before the IS"" of 
Ocf next inlist into those Companies to be raised for the Defence 
of Machias & places adjacent, exclusive of those Men already re- 
taind & inlisted in the Service under the Command of Captains 
West & Dyer they having already received a Bounty. 

And it is further 

Resolved, that there be paid out of the Treasury of this State to 
Cor Phineas Nevers the Sum of nine hun'' pounds He the said 
Nevers to be accountable to this Court for y® expenditure of the 
same to be by him apply'd to the Payment of the aforesaid 
Bountys & be it further 

Resolved that Coll° Allen is hereby directed to station those men 
(raised & put under his Command) in such Places at & near 
Machias as he shall think most for the Safety & Defence of those 
Parts. [Passed September 22. 



CHAPTER 305. 



Legislative 
Records of the 
Council, 
xxxviii., 50. 
Mass. 
Archives, 
ccxv., 121. 

Mass. 
Archives, 
ccxv., 122-124. 



RESOLVE IMPOWERING JOANNA MOULTON AND NICHOLAS SEW- 
ALL, ADMINISTRATORS, TO EXECUTE DEEDS. 

Whereas Brigadier Jotham Moulton Bargained and sold a 
Tract of Land to Esaias Prebble, and a piece of salt marsh to one 
Joseph Shaw, but did not execute Deeds thereof in his Life Time. 
It is therefore 

Resolved that Joanna moulton and Nicholas Sewall admin" of 
said Jotham's Estate be and hereby are authorized and impowred 

1 Inserted from Legislative Records of the Council. 



[3d Sess.] Resolves, etc. — ■ 1777-78. 125 

to Execute Deeds of the said Land & marsh to the said Prebble 
and Shaw respectively their Heirs & assigns pursuant to the 
memorandum's Subscribed by the said Jotham in his hfe Time, 
and the conveyances that may be executed by the said adm" in 
pursuance of this Resolution shall be denied and taken as good 
and Valid in the Law to convey the said Jotham's right theiein, as 
tho' the said Jotham had made and executed Deeds thereof in his 
life Time any Law usage or custom to the Contrary notwithstand- 
ing. [Passed September 22. 



CHAPTER 306. 

RESOLVE DIRECTING WILLIAM SEVER, AGENT OF PRIZES, TO PAY 
THE TREASURER BALANCE OF HIS ACCOUNT. 

Resolved that the Hon*"'^ W" Sever Esq"" be & he hereby is Legislative 
directed to pay the Sum of Five thousand one hundred & thirty counclf, °^ ^^'^ 
nine pounds 6/6%, being the Balance due from him as agent for ]??''^"i' ' 



51. 



Prizes belonging to this State brought into the Southern District Archives 
into the Hands of the Treasurer of this State, who is hereby di- 



ccxv., 106. 



rected & impower'd to receive & discharge him from the same Archives 
by giving him two Receipts one of which shall be lodged in the ccxv., 107-116. 
Secretarys Office. [Passed September 22. 



CHAPTER 307. 

RESOLVE PROVIDING FOR A REINFORCEMENT TO THE NORTHERN 

ARMY. 

Whereas by the latest Advices from the Northern Army under Legislative 
the Command of Gen^ Gates, it appears that the Army under the Qo°°"Jf °^ ^^^ 
comand of Gen' Burgoyne have far Advanced from water Carriage xxxviii.,'52. 
& by that means have rendred their retreat more difficult, & that Archives, 
if the Army under Gen' Gates was Speedily & Strongly reinforced ccxv., 135. i36. 
there is a great prospect, under the smiles of divine Providence of ^f^^s. 
wholly distroying them, it is therefore ccxv., 117, 120,. 

Resolved that it be strongly recommended that at the least one ^^^•^''^■ 
half of all the Able bodied militia officers non Commissioned officers 
& Soldiers in the Counties of Berkshire, Hampshire, Worcester, & 
Middlesex & the third & fourth Regiments of the County of Essex 
(excepting those officers & Soldiers of the Militia of Worcester & 
Middlesex who have lately been ordered on another Expedition 
as by a Resolve of the 16'''^ Instant) forthwith to march in the 
most expeditious manner by the nearest rout to join the Army 
under General Gates, carrying with them Six days provision & be 
fully cloathed for Service, & accoutred according to Law, & to be 
under his Command for thirty Days after their arrival in Camp, 
unless Sooner dismissed, for which good Service allowance will be 
made by the General Court. 

And that it be recommended to the Officers & Soldiers of the 
Militia of the County of Suffolk & Essex to hold themselves in 
readiness to march at the Shortest warning with Six days Provi- 
sion Suitable Cloaths & accoutrements According to Law, to join 
the American Army at the Northward when called for And the 
Commanding officer of each Company who shall march in pursu- 
ance of this Order is hereby impowered to hire at y' publick 



126 



Resolves, etc. — 1777-78. [Chaps. 308-310.] 



expence, or if necessary to impress, as many pack horses as he 
judges necessary not exceeding One for every six men who shall 
march from their Companys Respectively s** Horses to be sent 
back by one man from each town as soon as they arrive within 
convenient distance of our Camp. [Passed September 22. 



CHAPTER 308. 



Legislative 
Records of the 
Council, 
xxxviii., 52. 
Mass. 
Archives, 
ccxv., 143. 

Mass. 
Archives, 
ccxv., 144. 



RESOLVE DIRECTING THE BOARD OF WAR TO SUPPLY CORN FOR 
THE USE OF THE POOR OF BEVERLY. 

On the Petition of the Overseers of the Poor of the Town of 
Beverly praying a supply of Bread Corn from the State Stores 

Resolved that the Board of War be & they are hereby directed 
to deliver to the Overseers of the Poor of said Town for the pur- 
poses mentioned in their Petition Eighty Bushells of Indian Corn 
if they have so much on hand not already appropriated, & if they 
have not that quantity then so much as they have said Overseers 
paying therefore the like price as was paid by other places, lately 
supplied from the State Stores, for that Article. [Passed Septem- 
ber 22. 



CHAPTER 309. 



Legislative 
Records of the 
Council, 
xx.xviii., 53. 
Mass. 
Archives, 
ccxv., 142. 



RESOLVE DIRECTING THE BOARD OF WAR TO SUPPLY LIEUT. COL« 
NEVERS WITH GRAPE SHOT. 

Resolved that the Board of War, be and they Are hereby 
Directed, to deliver to Lieu* CoP Nevers, Twenty five Rounds of 
Grape or Cannester Shott, in addition to those Stores Already 
Ordered to be delivered for the use of the Troops Stationed at 
Michias. [Passed September 22. 



CHAPTER 310. 



Legislative 
Records of the 
Council, 
xxxviii., 53. 
Mass. 
Archives, 
ccxv., 141. 



RESOLVE DIRECTING THAT EXECUTIONS BE ISSUED AGAINST 
DELINQUENT CONSTABLES AND COLLECTORS OF TAXES. 

Resolved that the Treasurer & Receiver General of this State be 
& he is hereby directed to issue his Executions, immediately after 
the expiration of thirty days from the publication of this Resolve 
in all the Boston News papers, against all delinquent Constables 
& Collectors of Taxes for such arrearages of the sums that were 
committed to them respectively to Collect in any Years preceeding 
one thousand seven hundred & seventy six; And that after the 
expiration of Ninety days from such publication he immediately 
issue Executions against all delinquent Constables or Collectors 
[for] the Year One thousand seven hundred & seventy six. And 
that this Resolve be immediately published in all the Boston & 
Worcester Newspapers. [Passed September 22, 



[3d Sess.] Resolves, etc. — 1777-78. 127 

CHAPTER 311. 

RESOLVE ALLOWING HALF PAY TO SAMUEL FOWLS. 

On the Representation of John Lucas Commissary of Con- Legislative 
tinential Pinsioners in behalf of Sam'^ Fowls, late a soldier in coSxicif °^ *''*' 
Col° James Fryes Regm* & Cap* Benj* Farnums Comp^ and who xxxviii.,'54. 
was wounded on the Hights of Charlston Archives, 

Resolved that the said Sam'^ Fowls is Intitled to half pay to '^'^^^■' '^^- 
Comence from the SP' day of December, 1775. [Passed Septem- ^^^: 
her 22. ccxv., 119-1190. 



CHAPTER 312. 

RESOLVE PERMITTING JOHN JENKINS, A PRISONER, TO GO ASHORE 

ON PAROLE. 

On the Petition of John F. Williams, praying that M'' John Legislative 
Jenkins Master of the Weymouth Packet, and now a Prisoner on coundf °^ ^'^^ 
Board the Oliver Cromwell, may have Liberty to come on Shore xxxviii.,'54. 
for the Benefit of his Health, Archives, 

Resolved that the Prayer of the Petitioner be granted and that ccxv., i38. 
the said Jenkins have Liberty to come on Shore from Day to ^^^s 

• • ArcnivGs 

Day, after Sun Rise, provided he give his Parole of Honor to ccxv., 139, i4o. 
behave in all Respects in an orderly inoffensive Manner, and 
return on Board the said Oliver Cromwell before Sunset every 
Evening. [Passed September 22. 



CHAPTER 313. 

RESOLVE ON THE PETITION OF THE SELECTMEN AND ASSESSORS 
OF THE TOWN OF IPSWICH. 

On THE Petition of the Selectmen and Assessors for the Town Legislative 

of Ipswich. Records of the 

Resolved That the Assessors of the Town of Ipswich serve xxxviii.,'53. 
Benj^ Kimball with a Copy of said Petition, and also of this Order, 
that he may appear on Tuesday the Seventh of October next, and 
shew Cause, if any he has, why the Prayer of said Petition should 
not be granted; and that in the mean time all processes in Law 
commenced against said Assessors in consequence of the Assess- 
ment mentioned in said Petition be stayed. [Passed September 22. 



CHAPTER 314. 



ORDER OF NOTICE RELATIVE TO COMPLAINTS AGAINST ROBERT T^H^intivP 

PIERPOINT, COMMISSARY OF PRISONERS. Refords of the 

Council, 
f^t xxxviii 46. 

On THE Memorial of the Committee of Correspondence &c of Mass. ' 
the Town of Boston exhibiting Complaints against Robert Pier- ccxv^^zsi, 388. 
pont Esq'' respecting his Conduct as Commissary of Prisoners. ^^^ 



Ordered that the said Committee or the Chairman thereof, serve ^''^^^a 
the said Pierpont with a Copy of the said Memorial and this ^^'' 
Order thereon, that he may have Opportunity on the 29"* Instant 



128 



Resolves, etc. — 1777-78. [Ciiaps. 315-317.] 



Legislative 
Records of 
Council, 
xxxviii., 55. 
Mass. 
Archives, 
ccxv., 145. 



the 



Mass. 
Archives, 
ccxv., 146. 



to make Answer to said Memorial; and that the said Committee 
or Chairman be, and hereby are directed to serve the said Pier- 
pont with a List of the Particulars intended by them to be ex- 
hibited against him, two Days before the time assigned for hearing 
their Accusations. [Passed September 23.^ 



CHAPTER 315. 



RESOL\^ PERMITTING EDWARD KING TO PROCEED TO HALIFAX. 

On the Petition of Edward King 

Resolved That Robert Pierpoint Esq"^ the Commissary of Pris- 
oners be & he is hereby directed to permit Edward King to take 
Passage for Hallifax in the first Carteel bound to that place, where 
he has Children in wealthy Circumstances to take Care of him, he 
being aged, poor & infirm. [Passed September 23. 



Legislative 
Records of the 
Council, 
xxxviii., 55. 
Mass. 
Archives, 
cLxxxiii., 152. 

Mass. 
Archives, 
clxxxiii., 151; 
ccxv., 137. 



CHAPTER 316. 

RESOLVE ON THE PETITION OF LOVIS CROWE FOR LEAVE TO PRO- 
CEED TO HALIFAX. 

The Committee of both Houses appointed to Consider what is 
best to be done upon the foregoing petition beg leave to report by 
way of Resolve 

Resolved that the petitioner be & hereby is permitted with her 
Husband Jon^ Crowe & her four Children to go from hence in the 
first Cartel bound to Hallifax, and that the Commissary for Pris- 
oners be, and he hereby is directed to receive the said Petitioner 
her husband & children, aboard the Cartel & to take care their 
Baggage is properly Searched. 
In Council 

Read & Accepted 

In the House of Representatives 

Read & concurrd. [Passed September 23. 



CHAPTER 317 



Legislative 
Records of the 
Council, 
xxxviii., 56. 



RESOLVE ON PETITION OF INHABITANTS OF WEST SPRINGFIELD 
ASKING TO BE INCORPORATED AS A SEPARATE PARISH. 

On the Petition of a number of the Inhabitants belonging to 
the Parish in West Springfield, of which the Rev*^ M"" Mackinster 
is Pastor, Praying that they may be incorporated into a distinct 
Parish. 

Resolved That the said Petitioners notify the said Parish to shew 
cause, on the second Wednesday of the next Session of this Court, 
if any they have, why the Prayer of the Petitioners should not be 
granted, by leaving a Copy of said Petition, together with a Copy 
of this Resolve, with the Clerk of said Parish, at least fifteen Days 
before the next Session of this Court. [Passed September 23. 

1 This date is September 20 according to Legislative Records of the Council. 



[3d Sess.] Resolves, etc. — 1777-78. 129 



CHAPTER 318. 

RESOLVE ON THE PETITION OF WILLIAM SEVER, AGENT OF PRIZES 
FOR THE SOUTHERN DISTRICT. 

On the Petition of the hon"* William Sever Esq' praying that Legislative 
the Treasurer may be directed to receive the Money from him c^cu,° 
which he received as Agent for this State. mS"" ^^' 

Resolved that the Treasurer of this State be and he hereby is Archives, 

directed to receive of the hon'* William Sever Esq' all such Sums ^^^ — : 

of Money as the said William hath received as Agent for this Archives, 
State, altho the same may be in Bills of Credit of the Neighbour- ccxv., isi 
ing States, and to give his Receipt therefor. [Passed September 23. 



CHAPTER 319. 

RESOLVE ON THE PETITION OF WILLIAM PYNCHON, JUN^ AND 

JUSTIN ELY. 

On the Petition of William Pynchon Jun"" of Springfield & ^^^®'|*'^| tjjg 
Justin Ely of West Springfield praying for five & twenty fire arms Council, 
to be delivered to each of them out of the Public Stores for the Ma^" ' ^^' 
use of their respective Towns, they paying for y® Same. ^''°^''^ffA 

Resolved that the prayer of the petitioners be granted and the 



Commissary General of this State is hereby directed to deliver Archives, 
each of the above named persons five & twenty fire Arms for the *'''^' ^^^• 
use of their Respective Towns they paying for the Same at the 
price which the Board of war affixed to the five hundred Stand of 
Arms lately distributed in the County of Hampshire, Said Arms to 
be disposed of agreable to a resolve of this State passed the 8'^ of 
July last. [Passed September 23. 



CHAPTER 320. 

RESOLVE PROVIDIXCx FOR PAYMENT OF WAGES AND MILEAGE 
TO THE MILITIA DRAFTED TO REINFORCE CONTINENTAL ARMY. 

Whereas Several Detachments of the Militia of this State have Legislative 
Marched to Reinforce the Continental army and no Establish- c^df °^ ^^^ 
ment has Been made for Giveing them a reward in Addition to the xxxviii.,'57. 
Wages and Rations they have receiv'd or may Receive from the Archives, 
united States, it is therefore ccxv., i57. 

Resolved that there be alowed and Paid out of the Treasury of 
this State to the Militia that was Detached from the County of 
Bristol by order of Council of July 2V^ 1777 the Same Pay al- 
lowed by the Resolves of this Court for paying several detach- 
ments of y^ militia for their service &c. pass*^ June 16 & 17 last. 

And also that there be allowed and Paid to the Militia that was 
Detached from the Countys of Middlesex Worcester Hampshire 
and Berkshire by order of Council or by order of the Commanding 
Officer of their Respective Countys upon the alarm att Ticondir- 
oga or upon an alarm to any of the adjacent Towns in the Same 
maner and agreeable to the Said Resolves of this Court Passd 
June 16 and 17 Provided they Continued in Service until they 
were regularly discharged. 



130 



Resolves, etc. — 1777-78. [Chaps. 321, 322.] 



Legislative 
Records of the 
Council, 
xxxviii., 58. 
Mass. 
Archives, 
ccxv., 156. 



And Whereas it is Represented that the Select men of Some 
Towns have followed their Militia Companys with Provision and 
teems to Carry their Packs and found them Pots or Kettles It is 
therefore 

Resolved that Such Select men lay their accompts Before this 
Court for allowance and for finding the Soldiers Provision and 
Carrying their Packs they be allowed three Pence Per mile, the 
Commanding officer of there Respective Companys Certifying that 
the men Belonging to their Companys had there Packs Carryed 
and Provision found by the Select men 

and it is further 

Resolved that where any of the above Said Militia have found 
themselves and Carryed there own Packs the Selectmen of there 
Respective towns Pay to Each Soldier three Pence Per mile from 
the Place of there abode to the Place they marched and lay there 
accompts Properly avouched Before this Court for allowance 

And it is further 

Resolved that there be allowed and payed to each Officer & 
Private in either of said Detachments two Pence A Mile for each 
Mile they respectively travelled from the Place or Places to which 
they respectively marched, to the Places of their Abode on their 
Return Home, in Addition to the Pay & Rations allowed them by 
the united States. [Passed September 23. 



CHAPTER 321. 

RESOLVE DIRECTING THE BOARD OF WAR TO SEND CANNON AND 
AMMUNITION TO BOOTHBAY. 

Resolved that the Board of War be & they hereby are directed 
to send to the Committee of Booth Bay they to be accountable for 
the same two four pound Iron Cannon on Field Carriages with 
Implements compleat for the same, ammunition & fifty rounds of 
round & thirty of Grape Shot for each Cannon. [Passed Septem- 
ber 23. 



CHAPTER 322 



resolve CONFIRMING TAX ASSESSED BY THE ASSESSORS OF 

FALMOUTH. 



Legislative 
Records of 
Council, 
xxxviii., 58. 
Mass. 
Archives, 
ccxv., 1.54. 



the 



Mass. 
Archives, 
ccxv., 155, 
155i. 



On the petition of Benj. Titcomb, Joshua Freeman & Joseph 
Noyes, assessors of the parish tax in & for the first parish in 
Falmouth, in the county of Cumberland, in the year 1776, set- 
ting forth that they had omitted through forgetfulness to take the 
oath prescribed by law previous to assessing said tax; but have 
since made oath, that in their doings therein they had conducted 
in every respect as the law directs; & therefore praying an estab- 
lishment of said tax or assessment 

Resolved, that the said tax or assessment be, & it is hereby 
declared as valid to all intents & purposes, as if the said assessors 
had taken the oath prescribed by law previous to their making the 
same, any law, custom or usage to the contrary notwithstanding. 
[Passed September 23. 



[3d Sess.] Resolves, etc. — 1777-78. 131 



CHAPTER 323. 

RESOLVE ON THE PETITION OF THE SELECTMEN AND COMMITTEE 
OF CHESTERFIELD. 

On the Petition of the selectmen & Comm®® of the Town of ^^^s'^^''^? ,. 

nil • iT-«'i'i I e i\ i>ecoras oi tne 

Chesterfield praying that the Bridge m the westerly part ot s Council, 
Town over Westfield River so called may be Rebuilt at y^ expence Mas^"' ^^' 
of the County of Hampshire tcxv'lis 

Resolved That the Committee lately appointed to repair the — -^ — ■ 

Roads thro' the Green Woods be and they are hereby impowered Arehives. 
& directed to repair or Rebuild the Bridge above referred to if ^'^'''^- ^^^• 
they shall judge it necessary, keeping an exact account of the ex- 
pences theirof which expences shall be annexed to the next taxes 
on the County of Hampshire. [Passed September 24- 



CHAPTER 324. 

RESOLVE ON THE PETITION OF REV ELI FORBES. 

On the Petition of the Rev^ Eli Forbes 

Resolved that there be paid oute of Sir Peter Warrin Donation Legislative 
by the Treasurer of this State the Sum of one Hundred and Six- g^;;°'e'ir^ *^^ 
teen pound to the Petitioner in full for Boarding Cloathing and ^^i" • ^^■ 
instructing the Young Indian in his Petition Mentioned from the Archives, 
20*'' Day of Janu>' 1773 to the 9* Day of July 1777, ccxv^ito 

and it is further ^ ^ Arohives, 

Resolved that the Rev*^ Eli Forbes be and he is hereby impowered ccxv., ni. 
to Bind Oute Said Indian an Apprintice imtill he arives to the age 
of twenty one Years [to] Sume Sutable Person that Will instruct 
and Larn him Sum Trade that he Thinks Will be Most Benefecall 
to Said Indian. [Passed September 21^. 



CHAPTER 325. 



RESOLVE DIRECTING THE BOARD OF WAR TO PURCHASE CLOTH- 
ING, ETC., FOR THE ARMY. 

Resolved That the Board of War be & they are hereby im- Legislative 
power'd & directed to make Purchases of Clothing & other neces- Records of the 
sary Articles for the carrying on the War at such prices as they x.^'^ii^'eo. 
shall judge proper, the Regulating act of this State notwithstand- Archives, ' 
ing & that they supply the Committee for Providing Slops & small ccxv., i69. 
Stores for that part of the continental army raised in this State, 
with such Articles as the Board of War with said Committee shall 
think proper to forward to the Army. And the Committee afore- 
said are likewise impowered & directed to purchase slops & small 
Stores for the Army the aforesaid Act notwithstanding. [Passed 
September 24- 



132 



Resol\'es, etc. — 1777-78. 



[Chap. 326.] 



CHAPTER 326. 



RESOLVE RELATING TO MUTINOUS CONDUCT OF SOLDIERS IN 
COL"^ CRAFTS' REC. 



Legislative 
Records of the 
Council, 
xxxviii., 60. 
Mass. 
Archives, 
ccxv., Iti6. 



The Committee appointed to take into consideration the infor- 
mation given to the Gen' Court by Col° Tho. Crafts of a mutiny 
which has taken place in his regiment of artillery in the service of 
this State, have attended that service, and beg leave unanimously 
to report thereupon by way of resolve 

Whereas in and by the fourth article of the rules and regulations 
for the Mass" army it is enacted and declared That " Any officer or 
soldier who shall begin, excite, cause or join in any mutiny or sedi- 
tion, in the regiment, troop, or company to which he belongs, or in 
any other regiment, troop, or company of the Mass'^ forces, either 
by land or sea, or in any party, post, detachment, or guard, on 
any pretence whatsoever, shall suffer such punishment as by a 
general court martial shall be ordered." And whereas information 
hath been given to the General Assembly now sitting, that a very 
dangerous mutiny or sedition hath taken place among some of the 
soldiers belonging to the regiment of artillery in the service of this 
State, commanded by Col" Thomas Crafts: And as no general- 
court martial can be called or held agreable to said recited article 
for the trial and punishment of such soldiers in said regiment who 
may commit a mutiny or sedition therein; and as it would be of 
most pernicious consequence to the government of the army for 
any such offenders to escape speedy and condign punishment, 
through the impracticability of calling and holding a general court 
martial. 

Be it therefore 

Resolved that the Council be, and they hereby are authorised 
and empower'd forthwith to constitute a special court martial 
consisting of thirteen members at least, Commissioned officers of 
said regiment, the president whereof shall be a field officer, to 
bring before them, try, and pass sentence upon any officer or 
soldier belonging to said regiment suspected of, and charged with 
the crime of mutiny or sedition; said special court martial to pro- 
ceed in such trials, as nearly as may be, in the same form and 
manner, and to be governed and directed by the same articles, 
rules and regulations in forming and passing sentence; in and by 
which a general court martial called and held in pursuance of the 
said recited article, wou'd and ought to proceed, be governed and 
directed in such trials. 

And it is further 

Resolved that the said special [court] martial shall lay before the 
Council a copy of their proceedings and sentence in every case 
which may come before them, together with the evidence which 
shall be given therein, which evidence shall be taken in writing 
by the Judge Advocate, to be appointed by the Council, and the 
whole certified by the president of said special court martial, for 
their confirmation or disallowance; and the Council are hereby 
authorised to confirm or disallow or reverse, any sentence of said 
special court martial according as they shall deem fit and right; 
and no person who may be convicted by sentence of said special 
court martial shall be punished in pursuance of such sentence, 
untill the same shall have been confirmed by the Council as afore- 
said. And the Council shall have full power to pardon any person 
who may be convicted by the sentence of said special court mar- 
tial or to mitigate the punishment in such manner as they judge 



[3d Sess.] Resolves, etc. — 1777-78. 133 

expedient; and may also from time to time constitute and dis- 
solve a special court martial, where no general court martial can be 
called and held which special courts martial shall proceed in like 
manner as the aforementioned one in all respects. 
In Council 
Read & accepted 

In the House of Representatives 
Read & concurr'd. [Passed September 34- 



CHAPTER 327. 

RESOLVE PROVIDING FOR RANKING THE COMPANIES IN THE 4"'= 
REGIMENT OF MILITIA IN SUFFOLK COUNTY. 

The Com'^'''' appointed by both Houses to Consider y" Petition Legislative 
of Col Benf Haws & y*- other Field officers of the Fourth Regi- cordr^*''^ 
ment of militia in the County of Suffolk having attended that ^P^"'- ^'^■ 
service ask Leave to Report by way of Resolve as follows Archives, 

Whereas it appears to this Court that disputes have arisen in ''^^^' ^^^' 



Several of the Companies of the Fourth Regiment of militia in y® Archives 
County of Suffolk Respecting their Rank in Said Regiment, which ccxv., i65. 
has hitherto prevented a Regular Settlement, & has a Tendency 
Greatly to retard y" Publick Service, & inimical persons to y® 
Cause of America (if any there be within the Limits of said regi- 
ment) may, under specious pretences Foment Divisions make par- 
ties & raise prejudices in the minds of many, very injurious & 
Even Dangerous to the Publick Cause for which we are Contend- 
ing, for preventing of which, & that the said Regiment be Settled 
with Dispatch in y" most Effectual manner, it is 

Resolved That the field officers of said Regiment be & they 
hereby are Directed to Rank the several Companies Belonging to 
said Regiment as near as may be according to y'^ Rules practiced 
in y" army, viz. That Captain which has heretofore received a 
military Commission of an older Date than any other Captain in 
the Regiment Shall with his Company be first in Rank in said 
Regiment. The Captain who has Received the second oldest mil- 
itary Commission Shall with his Company be second in Rank 
and the same rule shall be observed with all the Remaining 
Captains & their Companies till y^ whole arrangment is Com- 
pleated and whereas it may happen that two or more of the 
Captains may have Received their first Commissions Each Bear- 
ing one and the Same Date, in that Case, the Captain who is 
y" oldest man together with his Company Shall take rank of y* 
younger and all officers & Soldiers Belonging to Said Regiment are 
Strictly injoined to observe these rules untill the further order of 
the General Court, any Law, Custom or usage to the Contrary 
Notwithstanding. 
In Council 

Read & Accepted 

In the House of Representatives 

Read & Concurrd. [Passed September 2^. 



134 



Resolves, etc. — 1777-78. [Chaps. 328-330.] 



CHAPTER 328. 



RESOLVE ADDING JOSEPH HOSMER AND JOHN GREENOUGH TO 
THE COMMITTEE ON ACCOUNTS. 



Records of the Rcsolvcd that Cap* Joseph Hosmer and John Greenough Esq"" 
Council, be and hereby are added to the Committee on Accounts 

xxxviii., 63. « i 

Mass. Also 

ccxv^Tes Resolved that any four of said Committee be a Quorum. [Passed 
'- September 24- 



CHAPTER 329. 



RESOLVE ON THE PETITION OF ISAAC BRADISH. 



Legislative 
Records of the 
Council, 
xxxviii., 63. 
Mass. 
Archives, 
ccxv., 161. 

Mass. 
Archives, 
ccxv., 162. 



On the petition of Isaac Bradish underkeeper of the Goal in 
Cambridge, setting forth, that he hath in custody a number of 
Scotch & Hessian prisoners, & is unable to procure bread-corn 
sufficient for their sustenence; & therefore praying he may be 
allowed to draw bread corn out of the public stores for the support 
of said prisoners. 

Resolved that the Board of war be, & they hereby are directed 
to supply the s'' Bradish with Eight barrels of flour for the pur- 
pose above mentioned, he the said Bradish paying for the same. 
[Passed September 24- 



CHAPTER 330 



RESOLVE PROVIDING FOR DRAFTING IN TOWNS WHERE THE 
MILITIA ARE UNORGANIZED. 



Legislative 
Records of the 
Council, 
xxxviii., 63. 
Mass. 
Archives, 
ccxv., 160. 



Whereas it appears by the Resolve of this Court of the IG^** 
Ins' for Drafting men for a Secret Expedition that no provition 
is made for Drafting men in those Towns where the Militia are 
Unorganized, 

It is therefore 

Resolved that where there is no Militia Officers in any Town or 
Company the Selectmen & Committe of Corrispondence Or any 
three of them Shall do the Duty assigned to the Militia Officers by 
Said Resolve and Shall likewise have Power to appoint a Suitable 
number of Officers for the Men so Drafted by them, and whereas 
In consequence of the above Omission the Draft cannot be made 
In such Towns within the Time spicifyed in Said Resolve, 

it is further 

Resolved that the Selectmen and Committes afores^ be alowed 
till the first day of October Next to Compleat Said Draft and 
that they make returns to the Brigad"" of the County who is 
hereby directed to order Said men immediately to march & Join 
their Rigements. [Passed September 24. 



I3d Sess.] Resolves, etc. — 1777-78. 135 

CHAPTER 33 1. 

RESOLVE ALLOWING HALF PAY TO BENJAMIN BERRY. 

On Representation of John Lucas Commisary of Continential ^g^J^sof the 
Pensioners In behalf of Benj'' Berry Late a soldier in Col" Jon^ Council, 
Reeds Rigm' and Cap' Asahel Wheelers Comp>' & who lost his MasT' ' *'*' 
arm in the Battle on Lake Champlain ll"" Oct' 1776. tcxv'Jm 

Resolved that the said Benj'^ Berry is Lititled to half pay to ——^ — '■ 

Comence the first day of January 1777. [Passed September 25. Archives, 

cexv., 173, 174. 



CHAPTER 332. 

RESOLVE APPOINTING A COMMITTEE TO CONSIDER AND REPORT 
ON LETTERS OF JOHN GIBSON AND JOHN ORD. 

Letter from John Gibson Esq'' Accomptant General, Dated ^^^^^'5*'^? .u 
Philadelphia, the third of September Ins' respecting the State's Council, 
Lottery Tickets. Read and thereupon ''^^'^''•' ^^- 

Resolved, That Walter Spooner, and Thomas Gushing Esq''^ be a 
Committee, with Such as the Honb'" House shall join, to consider 
the said Letter, and the Letter from John Ord Esq"^ accompany- 
ing the Same, and report what is best to be done thereon. Came 
up Concurred, and Col° Orne, Capt. Gardner and Col" Pope are 
joined. [Passed September 24- 



CHAPTER 333. 

RESOLVE ON THE PETITION OF LIEUT. COL^ ALEXANDER CAMP- 
BELL & FRANCIS SHAW, JUN"*. 

On the petition of Lieu* Col: Elexander Campbell & Francis Legislative 
Shaw Jun^ Setting forth their Emediate want of Fire arms &c, councif, °^ ^^"^ 
therefore the Committee appointed to Consider the above Petition ?F''^i"- '^^• 
beg leave to Report by way of Resolve Archives, 

Therefore "^^"'- "^^- 

Resolved that the Militia Raised by Lieu' Col: Elexander Camp- 
bell and Francis Shaw Jun'', upon the alarm at S' Johns on y'' 20'^ 
May, 1777, be allowed at the rate of twenty Shillings a month for 
the time they were on said Service, in addition to the Continental 
monthly Wages & that the Petitioners be allowed to Stop out of 
Each Soldiers pay Respectively, Such Sums of Money as they 
have Advanced to Said Militia Soldiers before Marching. And it 
is further 

Resolved that the Board of War be and are hereby Directed 
to Deliver Lieu* Col: Elexander Campbell & Francis Shaw Jun"^ 
Fifty good Fire arms, for the use of the Sixth Regiment of Militia 
in the County of Lincoln, they paying Such price for Said Fire 
arms, as has lately been given by the Town of Springfield, and 
that they be allowed their several accounts after laying them 
before the Committee of accounts for Examination 8i'^ (if Said 
Committee should find them to be just & Right). And that the 
Petitioners have Liberty to Return home to Gouldsborough in the 
Schooner Hannah & Molly, now under the Direction of the Board 
of War which will Sail in a short time 



136 



Resolves, etc. — 1777-78. [Chaps. 334-336.] 



And it is Further 

Resolved that the Board of War be Directed to Deliver the 
Same Quantity of Provisions to the Petitioners that they were 
oblig'd to Supply the above Militia with before they could Possi- 
bly obtain States Provisions, which will appear upon the accounts 
being Layed before the committee of accounts. [Passed Septem- 
ber 25. 



CHAPTER 334. 



RESOLVE ON THE PETITION OF COL« WILLIAM LEE. 



Legislative 
Records of 
Council, 
xxxviii., 66. 
Mass. 
Archives, 
ccxv., 175. 



the 



Mass. 
Archives, 
ccxv., 176. 



On the Petition of William Lee praying that he may have 
liberty to purchase of the Board of War a sufficient number of the 
French Fusils now in their possession to Arm the Officers of his 
Regiment. 

Resolved that the Board of War be & they hereby are directed to 
deliver to CoF W™ Lee or his order for the use of the Officers of 
his Regiment thirty four French Fusils he paying for the same. 
{Passed September 25. 



CHAPTER 335. 

ORDER ON PETITION OF COMMITTEES OF SCITUATE, MARSHFIELD, 
DUXBOROUGH AND HANOVER. 



Legislative 
Records of the 
Council, 
xx,\viii., 65. 



On THE Petition of the Committees of Scituate, Marshfield, 
Duxborough, Pembroke and Hanover. 

Ordered That the Petitioners serve Samuel Delano, the Libel- 
lant, with a Copy of their Petition, that they may make answer 
to the same on the second Tuesday of October next, if they see 
Cause; and also with a Copy of this Order, and that all Proceed- 
ings in the said Case be staid until the determination of the 
General Court thereupon. [Passed September 25. 



CHAPTER 336. 



Legislative 
Records of the 
Council, 
xxxviii., 66. 
Mass. 
Archives, 
ccxv., 177. 



RESOLVE PROVIDING THAT MEN BE DETACHED FROM CERTAIN 
REGIMENTS TO SERVE AS GUARDS. 

The Committee of both Houses to whom the Consideration of 
Gen' Heaths Letter of the 24 Instant has been Refered take Leave 
to Report by way of Resolve, which is submitted. 

R. Derby Ju"" by Order 

Resolved that there be Imediately Detached from the severall 
Regiments hereafter named including the Alarm Lists one Major 
one adjutant three Captains Eight Subalterns fifteen sergents 
Twenty four Corporalls four Drumers two fifers & two hundred & 
twenty privates to serve as Guards in the Towns of Boston Cam- 
bridge Medford Charlestown & Dorchester, untill the Last Day of 
November next unless sooner Discharged, to be under the Com- 
mand of the Hon' Gen' Heath, & to be allowed the same pay & 
Rations as the Troops serving in the severall Continental! Regi- 
ments are allowed & paid, Viz' From the Boston Regiment one 
Major, one Captain, two Subalterns four Sergeants six Corporalls 
1 Drummer one fifer & sixty privates. 



[3d Sess.] Resolves, etc. — ■ 1777-78. 137 

From the first Regiment in Middlesex, one Captain, two Sub- 
alterns four Sergeants Six Corporalls, one Drummer & sixty pri- 
vates. 

From the second Regiment in Middlesex, One Adjutant two 
Subalterns four Sergeants Six Corporalls & forty privates and, 

From the first Regiment in Essex one Captain, two Subal- 
terns three Sergeants, Six Corporalls, two Drums, one fife & sixty 
privates. 

In Council 

Read & Accepted 

In the House of Representatives 

Read and concurred. [Passed September 26.^ 



CHAPTER 337. 

RESOLVE DIRECTING THE BOARD OF WAR TO SEND CANNON AND 
AMMUNITION TO BOOTHBAY. 

Resolved that the Board of War be & they hereby are directed p^^^^^^^'^f tu 
to send to the Committee of Boothbay they to be accountable for Council, 
the same One Iron Cannon a twelve pounder with a Carriage & Ma^'"' ^''' 
Implements compleat, And one hundred rounds of Powder 100 Archives, 

round & forty barshot & 26 rounds of Grape Shot for the same. — — ^ — '■ 

The above Cannon & ammunition &c to be in lieu of the two nine 
pounders with ammunition &c therefor ordered to that place by 
the Resolve of this Court of the 22*^ Instant. [Passed September 26. 



CHAPTER 338. 

RESOLVE GRANTING £300 TO JOHN LUCAS, COMMISSARY OF PEN- 
SIONERS. 

Resolved that there be paid Out of the publick Treasury to Legislative 
John Lucas Commisary of Pinsioners the Sum of three hundred counct? °^ *^^ 
Pounds to Enable him to pay the Several Pinsions as they become xxxviii., 67. 
due he to be accountable to this Court for the Expenditure of the Archives, 
Same. [Passed September 26. °^^^- i^^- 



CHAPTER 339 



RESOLVE IMPOWERING JOSEPH BARKER, ADMINISTRATOR, TO 
SELL REAL ESTATE. 

Whereas Joseph Barker Administrator to the Estate of Ste- Le<risiative 
phen Sisson Late of Dartmouth in the County of Bristol Intestate Records of the 
Deceased and Phebe Sisson widow of the Said Decesed in their SL'^h.S?. 
Petition hath Set forth that the Personal Estate of the Deceased Ardiives 
is insuficent to Pay his Just Debts and that he Died Seized of a ccxv., iss. 
Small Real Estate Mass. 

Resolved that the Prayer be granted and that the Petitioner ^cxv.'.^itg, 190. 
Joseph Barker, in his Capacity as Administrator be and hereby is 
empowered to make Sale of the Real Estate mentioned in Said 
Petition for the most it will Fetch and make and execute a Good 

1 This date is September 25 according to Legislative Records of the Council. 



138 



Resolves, etc. — 1777-78. [Chaps. 340, 341.] 



Deed or Deeds thereof obsarving the Rules of the Law for the 
Sale of Real Estates by Executors and Administrators and giving 
Security to the Judge of Probates for the County of Bristol that 
one third of the Proceeds Shall be put to Intrust for the use of the 
widow in Lieu of her Dower in Said Real Estate, and the Remain- 
der after the Just Debts are Payed to be Divided amongst the 
Heirs to Said Estate in the Same Preportion they might have 
inhareted the Said Estate in Case the Same had not been Sold 
and also that the one third on which the widows Dower is to 
arise be after her Decease divided in the Same manner. [Passed 
September 26. 



CHAPTER 340 



RESOLVE FOR PAYMENT OF COL^ WILLIAM JONES' DETACHMENT 
FOR RETAKING THE MAST-SHIP GRUEL. 



Legislative 
Records of 
Council, 
xxxviii., 68. 
Mass. 
Archives, 
ccxv., 183. 

Mass. 
Archives, 
ccxv., 184-] 



the 



On the Memorial of William Jones, Col. of the third Regiment 
of Militia in the County of Lincoln, in behalf of himself & a party 
of Said Regiment, Setting forth, among other things, that on the 
10* Instant they mustered and Retook the State Mast-Ship Gruel, 
Joseph Procter Commander which had been taken into possession 
hy a party from the Enemys Man [of] War, the Rain Bow. 

Resolved that the Said Col: Jones, the officers and privates of the 
party under his command in Said Engagement, be allowed & paid 
by this State out of their Treasury for their Spirited Exertions and 
important Services done the State in that affair, as follows Viz', 
one Col: Twenty Pounds Four Captains four Pounds Each Ten 
Lieutenants three pounds Each and one Hundred & fifty five 
privates at Two Pounds Each, the whole Sum amounting to three 
Hundred and Seventy Six Pounds. 

And it is further 

Resolved that the Twenty Men who were not in the action but 
guarded Said Mast-Ship for Two Days after she was Retaken be 
allowed & Paid the Sum of Twelve shillings for Each Man for the 
Said Two Days. [Passed September 26. 



CHAPTER 341 



Legislative 
Records of the 
Council, 
xxxviii., 69. 



RESOLVE ON THE PETITION OF CAPT. ELISHA PAINTER. 

Upon the Petition of Elisha Painter Captain, Praying that 
his Company may be allowed their Coats, Blankets and Mile- 
Money agreeable to the Order of the Provincial Congress, One 
thousand Seven hundred and Seventy five. 

Resolved That the Treasurer of this State be Directed to pay 
to the above said Capt. Elisha Painter, the Sum of Eighty four 
Pounds, nineteen Shillings and One Penny, for the use of his Com- 
pany in lieu of their Coats, Blankets and Mile Money which they 
have not received. [Passed September 26. 



[3d Sess.] Resolves, etc. — 1777-78. 139 



CHAPTER 342. 

RESOLVE DIRECTING COL« HATCH TO ORDER THE MEN DETACHED 
FROM THE BOSTON REGIMENT FOR THE SECRET EXPEDITION 
TO MARCH WITHOUT DELAY. 

The Committee of both Houses appointed to Consider the Legislative 
letter of Colonel Hatch have attended that Service and beg leave CoZdf, °^ ^''^ 
to report the following Resolve ^''^"■' ^^■ 

Resolved that CoP Hatch be and he hereby is directed to order Archives, 

all the men detached from the Boston Regiment for the Secret ""''^ ' ' ^' 

Expedition to march with all convenient speed agreable to the AnSives 
Orders he has received for that purpose, and in Case any of them ccxv., i80, i8i, 
shall refuse or neglect to march according to order the said Colonel Records^of the^ 
is hereby directed to report the names of all such immediately to ^"^^'^'sg 
this Court that they may be proceeded with agreeable to the Re- 
solves directing the detachment aforesaid. 
In Council 

Read & Accepted 

In the House of Representatives 

Read & concurred. [Passed September 26. 



CHAPTER 343. 

RESOLVE ON THE LETTER OF HON. MESHECK WEARE, PRESIDENT 
OF THE COUNCIL OF NEW HAMPSHIRE. 

On the Letter from the President of the Council of the State Legislative 
of New-Hampshire. Coundf, °* *^^ 

Ordered, That the President of the Council of this State be xxxviii.,'69. 
desired to acquaint the President of the Council of the State of Mass. 
New-Hampshire (by Letter), that the House of Representatives ^x'cv^.risi. 
have the report of the joint Committees referred to in his Letter, 
now under Consideration, and that as soon as the General Court 
of this State have passed on that report, Information of their 
Doings shall be immediately given; and that We are not informed 
with respect to the Doings of the other States whose Committees 
were concerned in that Report. [Passed September 26. 



CHAPTER 344. 

RESOLVE DESIRING THE COUNCIL TO SEND A FLAG OF TRUCE TO 

NOVA SCOTIA. 

Resolved that the Honorable Council, be and they are, hereby Legislative 
Desired, to Send a Flagg of Truce, to Novascotia, for the purpose of Records of the 
obtaining, and Bringing to this State, the Families of the following xx°x^'iu.,'70. 
Persons, Viz. Nathaniel Reynolds, William How, Simeon Chester, Archives 
Amasa Killam, Robert Foster, John Star, Anthony Burk, Robert cixxxiii., 176. 
Sharp, Elijah Ayer, William Eddy, Daniel Earl, Ebenezar Gardner, Mass. 
Parker Clark, Elijah Ayer, Jun' John Ackley, & Jonathan Eddy ^^''171- 
Jun'. [Passed September 27. 175. 



140 



Resolves, etc. — 1777-78. [Chaps. 345-348.] 



CHAPTER 345. 



RESOLVE APPOINTING NOAH PRATT ADJUTANT OF THE 4Tn REGI- 
MENT IN SUFFOLK COUNTY. 



Legislative 
Records of the 
Council, 
xxxviii., 70. 
Mass. 
Archives, 
ccxv., 196. 



Whereas the Field Officers of the fourth Regiment of Militia 
in the County of Suffolk have recommended Noah Pratt as a 
suitable person for an adjutant in said Regiment Therefore 

Resolved that Noah Pratt of Wrentham be and he hereby is 
appointed Adjutant in the fourth Regiment of Militia in the 
County of Suffolk. [Passed September 27. 



CHAPTER 346 



resolve RELATING TO THE PAYMENT OF BILLS OF CREDIT. 



Legislative 
Records of the 
Council, 
xxx\'iii., 71. 
Mass. 
Archives, 
ccxv., 195. 



Resolved that the Treasurer of this State be & he is hereby 
directed from & after this Time till the further Order of this Court 
not to pay out of the Treasury of this State any Bill or Bills of 
Credit of this State, except such Bills as are under the Sum of six 
Shillings each unless in Case of Necesity. [Passed September 27. 



CHAPTER 347. 



RESOLVE IMPOWERING ELIZABETH BLISS, ADMINISTRATRIX, TO 
EXECUTE A DEED. 



Legislative 
Records of the 
Council, 
xxxviii., 71. 
Mass. 
Archives, 
c cxv., 193. 

Mass. 
Archives, 
ccxv., 194. 



^yHEREAS Elizabeth Bliss widow and Administratrix to the 
Estate of her Late Husband Aaron Bliss Late of Wilbraham De- 
ceased in her Petition hath Sat forth that her Said Husband in his 
Life Time Bound and obliged him Self to Execute a Good Sufficent 
Deed to Abel King of Said Wilbreham afore Said of a Cartain Tract 
of Land with the Buldings there on as is Sat forth In Said Petition 
and also in Said Bond Said Aaron haveing Rec'' a Consideration 
for the Same by the Said Abel Kings Note of Hand 

Resolved that the Prayer be granted and that the Said Eliza- 
bath in har Said Capacity be and hereby are Autherized and Im- 
powered to Execute a good and Sufficent Deed for the Same 
which Deed so executed Shall be Deemed as Good and Suficent 
in the Law as tho the Said Aaron Bliss had made and Executed 
the Same in his Life time, and the monies which Shall be Payed in 
Consequence of Said Conveiance to be Equelly Devided amongst 
the Heirs as the Law derects any Law usage or Custom to the 
Contarary Not with Standing. [Passed September 27. 



Legislative 
Records of the 
Council, 
xxxviii., 72. 
Mass. 
Archives, 
clxxxiii., 178. 

Mass. 
Archives, 
clxxxiii., 178, 
179. 



CHAPTER 348. 

RESOLVE ON THE PETITION OF ELIJAH JONES. 

Resolved that Elijah Jones be paid by the Treasurer of this 
state Seven Pounds in full for his assisting Doct' W^ Aspinwall & 
Doct' Downer as Surgeon's assistant from Apriel ninteenth 1775 
to Agu' the first 1775. [Passed September 29. 



[3d Sess.] Resolves, etc. — 1777-78. 141 



CHAPTER 349. 

RESOLVE IMPOWERING ABIGAIL STONE, ADMINISTRATRIX, TO SELL 

REAL ESTATE. 

Whereas Abegail Stone of Sutton in the County of Worcester Legislative 
widow and administratrex to the Estate of Nathan Stone Late of cou^cif," 
Said Sutton Deceased Intestate in har Petition hath Sat forth ^J^" • '^• 
that har Said Late Husband Died Seized of a Small Real Estate Archives, 
and that the Personal Estate is no ways Sufficient to Pay the '"^'^''" 



Tx 1 J. Mass. 

■L'eDLS. ^ ^ ^ Archives, 

Resolved that the Prayer be granted and that the Petitioner in ^^^^J'^^^ 
har Said Capacity be and here by is fully empowered to Sell the 
Real Estate Sat forth in Said Petition for the most it will fetch 
and execute a good and Sufficeant Deed or Deeds thereof She 
obsarving the Rules of the Law for the Sale of Real Estates by 
Executors and Administrators and giving Security to the Judge of 
Probates for the County of Worcester that the Proceeds of Said 
Sale be applyed as followeth, Viz that the Petitioner the widow 
Shall have the Use of one third for har Support in Lieu of har 
Dower during har Life and the Remainder Shall be applyed for 
the payment of the Debtes of the Deceased and the Residue after 
the Debts are payed to gather with the widows thirds after har 
Deceas be for the benefit of the Heirs agreeable to Law. [Passed 
September 29. 

CHAPTER 350. 

RESOLVE FOR PAYMENT OF THE BILLETTING ROLLS OF COL« 
EDMUND PHINNEY'S REGIMENT. 

On the Patition of Col° Edmund Phiney in behalf of himself Legislative 

1 ri . Records of the 

and Kegement, Council, 

Resolved that the Prayer of the Patition be granted, And that mS'."" ^^' 
the Treasurer of this State, be and he is hereby Directed to Pay Archives 
the Said Edmund Phiney for the use of Said Regement the amount 



of the Several Billeting Rolls thereto belonging being in the whole Xr^chives, 
the Sum of nine Hundred ninety one Pounds twelve Shillings & '^^^^■^ 205-216. 
one penny %. [Passed September 29. 



CHAPTER 351. 

RESOLVE DIRECTING THE BOARD OF WAR TO PURCHASE A SMALL 

SCHOONER. 

Resolved that the Board of War be & hereby are directed to Legislative 
purchase a Small Schooner of about Fifty or Sixty Tons, a Swift ^^ndf,"^*^" 
Sailor & immediately Cause her to be Victualed, manned & fix'd '^''^"'- ^*- 
out ready for Sailing to such Part of Europe as the Council Shall Archives, 
direct. [Passed September 29. '"^''^- ^^^- 



142 



Resolves, etc. — 1777-78. [Chaps. 352-354.] 



CHAPTER 352 



Legislative 
Records of the 
Council, 
xxxviii., 75. 

Mass. 
Archives, 
clxxxiii., 181. 

Mass. 
Archives, 
clxxxiii., 181. 



RESOLVE PERMITTING MARY ANGUES TO PROCEED TO NEW YORK. 

On the Petition of Mary Angues praying for Leave to depart 
from hence to new York with her Infant Son. 

Resolved that the Prayer of the Petition be granted & that the 
s^ Mary Angues be permitted to depart this State with her Infant 
Son in the first Cartel for New York in Order to take Passage 
from thence to her Husband in London. [Passed September 29. 



CHAPTER 353 



Legislative 
Records of the 
Council, 
xxxviii., 74. 
Mass. 
Archives, 
ccxv., 391. 

Mass. 
Archives, 
ccxv., 392-395. 



RESOLVE DIRECTING THE COMMITTEE OF CORRESPONDENCE OF 
BOSTON TO FILE PARTICULARS OF THEIR COMPLAINTS AGAINST 
ROBERT PIERPOINT, COMMISSARY OF PRISONERS. 

Whereas by a resolve of this Court of the 23'^ instant pass"* on 
the Memorial of the Committee of Correspondence &'^ for the 
town of Boston said Comittee were directed to serve Robert Pier- 
point Esq"" with a Copy of their Memorial and the Complaints 
exhibited against him respecting his Conduct as Commissary of 
Prisoners that he might make answer thereto on the 29'^ instant 
w'^'' will not allow him sufficent time therefor, 

And whereas the aforesaid resolve does not direct that the par- 
ticulars of said accusations of the Committee & his answer thereto 
be filed in the Secretaries Office 

Therefore 

Resolved that the Committee of Correspondence &'' of the town 
of Boston be & they hereby are directed to file the particulars ex- 
hibited against said Pierpoint for mall Administration in his Office 
as aforesaid in the Secretaries Office on or before Thursday next 
at 10 o Clock in the Forenoon & also that said Pierpoint file his 
Answer in said Office at the time aforesaid, And that the Parties 
appear before this Court at 4 o Clock in the Afternoon of said day 
for a Hearing thereupon. [Passed September 29. 



CHAPTER 354. 



Legislative 
Records of the 
Council, 
xxxviii., 75. 
Mass. 
Archives, 
ccxv., 232. 



RESOLVE FOR SUPPLYING FLOUR TO JOSEPH NOYES, COMMISSARY 
AT FALMOUTH AND CAPE ELIZABETH. 

Resolved that the Commasary General be & he hereby is Di- 
rected to deliver to Joseph Noyes Commasary to the Forces Sta- 
tioned at Falmouth and Cape Elesabeth forty barrels of Flour 
for the Use of said Forces he to be accountable for the Same. 
[Passed September 30. 



[3d Sess.] Resolves, etc. — 1777-78. 143 



CHAPTER 355. 

RESOLVE IMPOWERING JAMES BRADISH, GUARDIAN, TO EXECUTE 

A DEED. 

Whereas James Bradish Gu[a]rdain to the Children of Con- Legislative 
stantine Hardy late of Westborough in the County of Worcester councif "^ ^^^ 
deceased in his Petition hath Sat forth that s** Constantine was xxxviii.,'75. 
Son of Phinehas Hardy late of Said Westborough Dec'' that Said Arehives. 
Constantine before his Death agreed with his Brother Elijah ccxv., 230. 
Hardy of Said Westborough for the Consideration of Twenty Eight ^^^ss. 
Pounds one Shilling & Two Pence for which Sum he then Rec*^ the ccxv., 23i, 
Said Elijahs Note of hand to quit all Claims to the Real Estate ^^^'' 
his Said Father Phenihas Hardy died Siezed and Posesed of on or 
before the first Day of may Last, but So it hapned that the Said 
Constantine died before he executed Said Quitclaim Deed to his 
Said Brother the Said Elijah Hardy and as it is just and Equitable 
that the Said Elijah should enjoy the Said Constantines Part of 
Said real Estate acording to agreement Dated the 13 Day of Feb- 
ruary AD 1777 

Resolved that Said James Bradish Guardain to the Children of 
Said Constantine Hardy in his Said Capacity of Guardain be & is 
here by Licenced and autherized to execute a Good Quit claim 
Deed to the Said Elijah of the afore Said Real Estate and the Said 
Conveiance that may be Executed by Said Guardain in persuance 
here of Shall be deemed and taken as Good and Valid in the Law 
to Convey the Said Constantines right as though the Said Con- 
stantine had made and Executed a Deed for the Same in his 
life time any Law usage or Custom to the Contarary Not with 
Standing. [Passed September 30. 



CHAPTER 356. 

RESOLVE ON THE PETITION OF ABNER BRIGHAM. Legislative 

Records of the 
Council, 

On the Petition of Abner Brigham praying for allowance of ^"^" • ^s- 
Wages & Rations for Reasons set forth in s'^ Petition Archives, 
Resolved that there be allow'd and paid out of the Publick ''^'^"'"- ^^' 



Treasury of this State, to Abner Brigham, the Sum of Five Pounds ^Jrchives 
fifteen shillings, in full for Wages & Rations due to him. [Passed cixxxii., 95, 96. 

September 30. 

CHAPTER 357. 

APPOINTMENT OF EZRA BOWMAN AS AN ADJUTANT TO THE 5™ Legislative 

REGIMENT IN WORCESTER COUNTY. Records of the 

Council, 
xxxviii., 76. 

In the House of Representatives Mass. 

I , Archives 

The House made choice by ballot of Ezra Bowman as an Adju- ccxv., 228. 
tant to the fifth Regiment of Militia in the County of Worcester. Mass. 

In Council ^cxv.^lg. 

Read & Concurred. [Passed September 30. 



144 



Resolves, etc. — 1777-78. [Chaps. 358-360.} 



CHAPTER 358 



Legislative 
Records of the 
Council, 
xxxviii., 77. 
Mass. 
Archives, 
ccxv., 226. 

Mass. 
Archives, 
ccxv., 227. 



RESOLVE DIRECTING THE BOARD OF WAR TO SELL CERTAIN ARTI- 
CLES TO THOMAS CHASE, DEPUTY QUARTERMASTER GENERAL. 

On the Petition of Thomas Chase D Q M G to the American 
Army, 

Resolved That the Board of War be and they are hereby di- 
rected to sell to Thomas Chase D Q M G seventy Tin Camp 
Kettles and seventy Setts of Tent Poles for the Use of the Troops 
now under marching Orders he paying for the same. [Passed 
September 30. 



CHAPTER 359. 



RESOLVE IMPOWERING DAVID EDDY AND ABIGAIL BUNN, ADMIN- 
ISTRATORS, TO SELL REAL ESTATE. 



Legislative 
Records of the 
Council, 
xxxviii., 77. 
Mass. 
Archives, 
ccxv., 223. 

Mass. 
Archives, 
ccxv., 224, 225. 



On the Petition of David Eddy & Abigal Bunn of Brookfield 
Administrators on the Estate of Nathaniel Bunn late of Brookfield 
Dec'^ Setting forth that Said Estate hath bin Rendered Insolvent 
& Setting off the widows thirds will grately injure the Credetors 
and Seling the whole together will be more advantagous to Said 
Estate — 

Resolved that the Prayer of Sai[d] Petition be granted and that 
the Petitioners be and hereby are impowered to make Sale of the 
whole of the Real Estate in their Petition mentioned, for the most 
it will fetch and in there Said Capacitys to execut a good Deed or 
Deeds thereof, they observing the Rules of the Law for the Sale of 
Real Estates by Executors & administrators and Give Security to 
the Judge of Probates for the County of Worcester that the Pro- 
ceeds of Said Sale be apply** as follows, viz that the Petitioner the 
widow of the Said Deceas** Shall have the use of one third there 
[o]f for her Support in Lieu of her Dower, During her Natural 
Life, and the Remainder Shall be apply** for the Payments of the 
Debts of the Decease** and the Residue, after the Said Debts are 
Paid, together with the widows thirds after her Deceas, be for the 
benifit of the heirs agreeable to Law. [Passed September 30. 



Legislative 
Records of the 
Council, 
xxxviii., 77. 



Archives, 
ccxv., 222. 



legislative 
Records of the 
Council, 
XXX vii. (2nd 
pt.), 155; 
xxxviii., 25. 



CHAPTER 360. 

RESOLVE FOR PAYMENT OF CAPT. JOSEPH BARNS' AND CAPT. 
EBENEZER NEWELL'S PAY ROLLS. 

Resolved that the Several Rolls Presented by Cap' Joseph Barns 
& Cap' Ebenezer Newell be allowed & Paid they having been 
Properly Vouch'd & Proved to the Satisfaction of the Commit- 
tee any Resolve of this Court to the Conterary Notwithstanding^ 
[Passed September 30. 



[3d Sess.] Resolves, etc. — 1777-78. 145 



CHAPTER 361. 

RESOLVE DIRECTING COL^ HATCH TO ARREST SUNDRY PERSONS 
FOR REFUSING TO MARCH ON THE SECRET EXPEDITION. 

The Committee of both houses appointed to Consider the Legislative ^^^ 
Return of Col° Jabez Hatch of the twenty ninth Instant have col^cif." 
attended that service and beg leave to report the following Re- ^J^" • ^^• 
solves Artemas Ward *? order Archives, 

o 1 T-. -r. • ccxv., 218. 

Resolved that Jabez Hatch Esq' Colonel of the Boston Regiment :^^ 



be and they [he] hereby are [is] directed immediately to Arrest, Archives, 
and Confine Thomas Parker, Francis Hooton, Samuel Sloan, ''''''''•• "'• 
Joseph How, Benj^ Jeffers, William Wait Wallis, Robert Robins, 
Fortesque Vernon, Edward Grant, Joseph Clark, James Seward, 
Alexander Edwards, Thomas Atkins, Thomas Atkins Ju', John 
Baker Samuel Smith, William Minns, Thomas Greenwood, Samuel 
Haynes, John Simmonds, William Leach, Richard Tarbell, Simeon 
Stoddard, Thomas Kemble, Adam Knox Ju'', Andrew M'^Keen, 
John Leach, Timothy Pease, Solomon Cotton, Joseph Cotton, till 
they [he] collects a Suitable Guard which they [he] hereby are [is] 
impowered and directed to procure, to Escort them to the State of 
Rhode Island and they [he] are [is] hereby directed to send the 
above named Persons to the State of Rhode Island under the 
aforesaid Guard and there deliver them to the Commanding Offi- 
cer of the Detachments raised in this State with a Copy of the 
Resolves of this Court of the Seventeenth Instant; directing the 
detachment to be made, also a copy of their Crimes with the Proof 
necessary to shew forth clearly, that they were drafted in conse- 
quence of the said Resolves of the Seventeenth Instant, and that 
they have Refused to Conform to the requirements of said Re- 
solves. 

And it is further 

Resolved that the Secretary be and he hereby is directed to trans- 
mit a Copy of these Resolves to the Commanding Officer of the 
Detachment aforesaid. 
In Council 

Read & Accepted 

In the House of Representatives 

Read and concurrd. [Passed September 30. 



CHAPTER 362. 

RESOLVE DESIRING THE COUNCIL TO EMPLOY RIDERS TO OBTAIN Legislative 

SPEEDY INTELLIGENCE. Records of the 

r> 7 7 Council, 

Resolved xxxviii., 79. 

That the Hon° Council be & they hereby are desired to provide ^rehives, 
& Employ such & so many Expresses with those already Em- ccxv., 217. 
ployed as shall give this Court Intilegence Every third day from Mass. 
the Northern army said Expresses to be Continued for thirty days. ^^^1^^308. 
[Passed September 30. 



146 



Resolves, etc. — 1777-78. [Cil^.ps. 363-3G5.] 



CHAPTER 363 



RESOLVE PROVIDING FOR AN INVESTIGATION OF COL« MICHAEL 

JACKSON. 



Mass. 
Archives, 
ccxv., 450. 

Mass. 
Archives, 
ccxv., 449, 
449i. 



Whereas the Council have been informed that Col° Michael 
Jackson commanding one of the Continental Battalions raised in 
this State has taken into his said Battalion Five of his Sons viz 
INIichael Jackson born the 12* Sept' 1759. Simon Jackson born 
20"' Nov"" 1760. Ebenezer Jackson born 18* Dec' 1763. Amasa 
Jackson born 5* June 1765. and Charles Jackson born Jan^ 4'^" 
1767. Which several Sons he presented to Nath^ Barber Esq"" Mus- 
ter Master, who refused to muster more than two of them, deem- 
ing the others wholly unfit for Service that nevertheless, as appears 
from the said Jackson's own confession, he has taken all his said 
Sons into his Battalion to the great detrement of the publick Serv- 
ice and in breach of his Duty It is therefore 

Resolved that John Taylor Esq"" be a committee with such as 
the Hon'''" House shall join to make a full enquiry into the said 
information and by what means those of Col" Jackson's Sons who 
were refused to be mustered by the s*^ Muster Master were en- 
gaged in the Service; and to report what may be proper to be 
done thereupon 

In the House of Representatives 

Read & concurrd & M' Davis & M' Boardman are join'd. 
[Passed September 30. 



CHAPTER 364 



Legislative 
Records of the 
Council, 
xxxviii., 79. 
Mass. 
Archives, 
clxxxiii., 159. 

Mass. 
Archives, 
cxlii.. 109; 
clxxxiii., 158. 



RESOLVE ON THE PETITION OF EBENEZER THAYER. 

On the Petition of Eben' Thayer shewing that he has pur- 
chased a small Vessell for the sole purpose of bringing his Effects 
from Nova Scotia to this State & praying that he may have Leave 
to go there for that Purpose & that M' Benj Furnass have Leave 
to go & transact the s*^ Business for him 

Resolved that the Schooner [Two Brothers] ^ Joseph Williams 
master have & Leave is hereby given to s'^ Schooner to proceed 
from hence to Nova Scotia in Ballast & to return with the Effects 
of the Petitioner & that M'^ Benj: Furnass have Leave to go in s^ 
Schooner for the Purpose of collecting of the s*^ Effects & that 
the s'' Schooner be under the Direction of the Board of War with 
respect to the number of hands & Provision necessary for s*^ Voy- 
age. [Passed October 1 .^ 



CHAPTER 365 



Legislative 
Records of the 
Council, 
xxxviii., 79. 



RESOLVE GRANTING £49.0.7 TO WILLIAM BARTLETT. 

Resolved, That there be paid M' William Bartlett out of the 
Public Treasury of this State the Sum of Forty nine Pounds and 
Seven pence in full of his Account for sundry Supplies for the use 
of Two Armed Vessels belonging to this State Commanded by 
Jeremiah Obrian and John Lambert. [Passed October 1. 

> Inserted from Mass. Archives, cxlii., 109. ,,,,-. -i 

« This date is September 30 according to Legislative Records of the Council. 



[3d Sess.] Resolves, etc. — 1777-78. 147 



CHAPTER 366. 

RESOLVE ON THE PETITION OF SAMUEL ELIOT, JUN^, AGENT FOR 
THE STATE OF CONNECTICUT. 

Upon the Petition of Sam^ Eliot Jun', Agent for the State of ^^",^^^^3 ^f the 
Connecticut, praying that the Prisoners taken on Board the Ship Council, 
Weymouth & the Brigg: Honor by the Ship Oliver Cromwell ^J^"' ^"• 
belonging to the s*^ State who are now confined in the Guardship ^^^^^^'^^^Iq^ 
in this Harbour may be delivered him agreeably to the Vote of 



the lion""'" Council of the State afores*^ that they may be sent under Archives, 
proper Guard to Connecticut *^'^''^' ^^^' ^^^■ 

Resolved that Robert Pierpont Esq"^ Commissary of Prisoners be 
& he hereby is directed to deliver the Prisoners brought in on 
Board the Ship Weymouth & Brigg: Honor to Sam' Eliot P 
Agent for the State of Connecticut he paying the customary 
Allowance for their Subsistence while under the Care of the s*^ 
Commissary. [Passed October 1. 



CHAPTER 367. 

RESOLVE GRANTING A HEARING TO ROBERT PIERPOINT, COMMIS- 
SARY OF PRISONERS. 

Whereas Robert Pierpont Esq' Commissary of Prisoners has in Legislative 
his answer "to the Charges exhibited against him by the Commit- coundf, °^ ^*"' 
tee of Correspondence &c of the Town of Boston" prayed that he xxxviii, si. 
may be heard by Council Therefore Archives, 

Resolved that Robert Pierpont Esq' Commissary of Prisoners be 
and he hereby is granted the liberty of being heard by Council 
before the whole Court this afternoon at four oClock. [Passed 
October 2. 



ccxv., 396. 



CHAPTER 368. 

RESOLVE ON THE PETITION OF JEREMIAH SMITH AND OTHERS 
OF EAST HOOSUCK. 

Resolved that the Committe of Easthoosuck be and hereby are Legislative 
Directed to Furnish their Quota or every seventh man for the Records of the 
Continental army Excluding all those persons which were of the xxxviii.,' 80. 
Denomination of Christians called Quakers before the nineteenth Archives, 
of april Jl>. 1775, and that Jeremiah Smith William Comstock cbcxxiii., 266, 

Jacob Smith & Ephraim Whipple appearing to this Court to have — 

been of that Denomination before the said 19"^ of april, be Ex- Arehiyes, 
cused from any military Service & discharged from any Duty in 265^^'' ^^^" 
Consequence of a draft lately made on them. [Passed October 3.^ 

1 This date is October 1 according to Legislative Records of the Council. 



148 



Resolves, etc. — 1777-78. [Chaps. 369-371.] 



CHAPTER 369. 



RESOLVE ON THE PETITION OF JOHN STETSON AND SAMUEL 

FOSTER. 



Legislative 
Records of the 
Council, 
xxxviii., 82. 
Mass. 
Archives, 
cUv., 175. 

Mass. 
Archives, 
cxxxix., 512, 
513; cliv., 176, 
177. 



On the Petitions of John Stetson of Scituate, & Samuel Foster 
of Kingston, setting forth, that at Courts of special Sessions of 
the peace, they were sentenced to Banishment, for having been 
inimical to this & the Other united States of America, & praying 
that, for Reasons, in said Petitions mentioned, the Sentance of 
said Courts against them may be reversed 

Resolved that, the Prayer of said Petitioners be so far granted, 
that they be allowed to return Home on their paying the cost of 
their Prosecutions, and giving Bonds, to the Treasurer of this 
State, for the sum of four hundred pounds each, with two sufficient 
Sureties each, that they will confine themselves to their own Farms 
in said Scituate & Kingston, attending the public Worship ex- 
cepted, & not directly or indirectly correspond with the Enemies 
of these united States, nor do nor say any thing injurious to the 
Rights & Interest of this or the united States of America, & be of 
good Behaviour to the Inhabitants of this State, untill the further 
order of this Court. [Passed October 3. 



CHAPTER 370. 

resolve allowing THE ACCOUNT OF THE COMMITTEE OF 
SAFETY OF DEERFIELD. 



Legislative 
Records of the 
Council, 
xxxviii., 83. 
Mass. 
Archives, 
ccxv., 317. 

Mass. 
Archives, 
ccxv., 318. 



Resolved that the account of Expences attending the division 
and Sale of the personal Estate of Nathaniel Dickenson, as ex- 
hibited to this Court by the said Committee of Safety &c: be 
allowed: and that the said Committee be & they hereby are 
directed to pay the Overplus (being Two hundred & fifty One 
Pounds, fifteen Shillings and Nine pence) into the public Treas- 
ury of this State [and] the Treasurer be & hereby is directed to 
give duplicate Receipts for the Same one of which to be lodged in 
the Secretarys office. [Passed October 3. 



CHAPTER 371. 



Legislative 
Records of the 
Council, 
xxxviii., 83. 
Mass. 
Archives, 
ccxv., 310. 

Mass. 
Archives, 
ccxv., 315. 



RESOLVE DIRECTING THE BOARD OF WAR TO DELIVER SHOES TO 
THOMAS BARKER, QUARTER MASTER. 

On the Petition of Tho^ Barker Quarter Master of Col" 
Crane's Battalion praying for one hundred Pair Shoes for the use 
thereof 

Resolved that the Board of War be & they hereby are directed 
to deliver the s*^ Thomas Barker for the Use of CoP Crane's Reg'' 
of artillery One Hundred pair of Shoes he pay^ for the same. 
[Passed October 3. 



[3d Sess.] Resolves, etc. — 1777-78. 149 



CHAPTER 372. 

RESOLVE DIRECTING CAPT. JACOB BOARDMAN TO PAY £1,154. 12^ 2" 
INTO THE TREASURY. 

Resolved That Capt Jacob Boardman be and he hereby is ^^||^J^g*^f ^j^e 
directed to pay unto the Treasurer of this State the Sum of Council, 
Eleven Hundred fifty four pounds twelve Shillings & two pence ^g^""' ^^' 
being the neat proceeds of Twenty three hundred & Eighty five Archives, 

Bushels salt sold by said Boardman for and On acc*^ of this State — '1 — '. 

he takeing two receipts of the Treasurer for the Same the one of ^rehives, 
which receipts to be lodged in the Secretaries office & shall be a ccxv., 3i3-3i4b. 
discharge for the said Boardman. [Passed October 3. 



CHAPTER 373. 

RESOLVE ON THE PETITION OF SAMUEL BENJAMIN. 

On the Petition of Samuel Benjamin of Watertown Shewing Legislative 
that he engaged in the service of his Country in Nov'^ last & in councif,° * ^ 
consequence thereof Rec*^ an Ensigns Commission in Col. Wiggles- |^^"' ^^• 
worths Regiment, but by reason of a Supernumerary number of Archives, 

Officers being Commissioned the muster Rool hath been com- ^215!^ — : 

pleated & he remains among the Supernumerary number, and ^Jre^ives 
praying that he may be discharged from s'^ service, he receiveing ccxv., 326. 
his wages agreeable to the Resolves of the Continental Congress. 

Resolved that the said Samuel Benjamin be paid out of the 
Treasury of this State Ensigns pay equal to the Continental estab- 
lishment from the first day of January last to the first day of 
June following, and that he be and hereby is discharged from said 
Service. [Passed October 4- 



CHAPTER 374. 

RESOLVE DESIRING THE COUNCIL TO SEND WILLIAM HAZWELL 
AND FAMILY TO HALIFAX OR NEW YORK. 

On the Memorial of the Selectmen & Committee of Corri- Legislative 
spondence &c of the Town of Hingham, c^unclf °^ ^^^ 

Resolved that the Council be, and they are, hereby Desired to xxxviii.,'86. 
Send William Hazwell, a Lieut in the British Navy on half pay, Archives, 
& now Confined to the Town of Hingham, with his Family to ccxv., 327. 
Hallifax or New York in Such way and manner as they in their Province Laws, 
W^isdom may See fit, as Soon as the Circumstances of his Family 575;' 708,' chap." 
will Permitt. [Passed October 4- ^^' 



CHAPTER 375. ^''f'l.. 

Records of the 
Council, 

RESOLVE ALLOWING HALF PAY TO LEMUEL TRAFTON. ^st"' ^^' 



On the Representation of John Lucas Commissary of Con- 



Archives, 

ccxv., 324. 



tinential Pinsinors In behalf of Lem* Trafton Late a soldier In Archives 
CoI° Tho' Nixons Regiment & Cap* Thomas Barns's Comp^ & '=«''^- 325. 326. 



150 



Resolves, etc. — 1777-78. [Chaps. 376-379.1 



who Lost his Right arm in an Ingagement with the Enemy on 
York Island the 16'^ Sept^ 1776 

Resolved that the said Lem' Trafton is Intitled to half Pay to 
Commence from the SV^ day of Dec'' 1776. [Passed October 4- 



CHAPTER 376 



APPOINTMENT OF THOMAS STEBBINS AS 2» MAJOR OF THE l^^ REGI- 
MENT IN HAMPSHIRE COUNTY. 



Legislative 
Records of the 
Council, 
xxxviii., 87. 
Mass. 
Archives, 
ccxv., 328. 



In the House of Representatives 
The House made choice by ballot of Capt Thomas Stebbins 
as second Major of the first Regiment of Militia in the County 
of Hampshire in the room of Maj Jonathan Hale elected Lieut 
Colonel. 

In Council 
Read & Concurred. [Passed October 4- 



CHAPTER 377. 

APPOINTMENT OF GIDEON BURT AS 1^^ MAJOR OF THE 1^'' REGI- 
MENT IN HAMPSHIRE COUNTY. 



Legislative 
Records of the 
Council, 
xxxviii., 88. 
Mass. 
Archives, 
ccxv., 329. 



In the House of Representatives 
The House made choice by ballot of Capt Gideon Burt as first 
Major of the first Regiment of Militia in the County of Hamp- 
shire, in the room of Maj' William Pynchon Jun who has resign'd. 
In Council 
Read & Concurred. [Passed October 4- 



CHAPTER 378 



APPOINTMENT OF JONATHAN HALE AS LIEUT. COLONEL OF THE 
l^'' REGIMENT IN HAMPSHIRE COUNTY. 



Legislative In the House of Representatives 

Cou^cif." ^ The House made choice by ballot of Maj Jonathan Hale as 
j^vm.,88. Ljgj^^ (-qU Qf ^he first Regiment of Militia in the County of 
Archives, Hampshire in the room of John Bliss Esq elected Colonel. 

In Council 
Read & Concurred. [Passed October 4- 



ccxv., 330. 



CHAPTER 379. 

APPOINTMENT OF JOHN BLISS, ESQ^, AS COLONEL OF THE l^'' REGI- 
MENT IN HAMPSHIRE COUNTY. 



Legislative 
Records of the 
Council, 
xxxviii., 88. 
Mass. 
Archives, 
ccxv., 331. 



In the House of Representatives 
The House made choice by ballot of John Bliss Esq"" as Colonel 
of the first Regiment of Militia in the County of Hampshire, in 
the room of Coll Pynchon who has resign'd. 
In Council 
Read & Concurred. [Passed October 4. 



[3d Sess.] Resolves, etc. — 1777-78. 151 

CHAPTER 380. 

RESOLVE ALLOWING HALF PAY TO SAMUEL WOODBURY. 

On the Representation of John Lucas, Commisary of Con- Legislative 
tinential Pinsioners in behalf of Sam" Woodbury who was wounded couxicif, °^ '^'^^ 
in the Battle of Lexington the 19'^'' of Apr' 1775, by which means »cxviii.,'88. 
he has Lost the use of his right arm Archives, 

Resolved that the said Sam" Woodbury is Intitled to half pay "''^^ ' ^^^- 
to Comence from the said 19"^ of april 1775. [Passed October 4. ^^hives 

ccxv., 322- 
323i. 



CHAPTER 381. 

RESOLVE ON THE PETITION OF THE SELECTMEN AND COMMITTEE 
OF CORRESPONDENCE OF HANCOCK. 

The Com™^ of both Houses on y® petition of the Selectmen & Legislative 
Committee of Corrispondance of the Town of Hancock have at- coundf,°^*^^ 
tended that Service & Beg leave to Report as follows viz ^^'^^^ ' ^'' 

Whereas it appears to this Court That a Number of Persons Archives, ciiv.. 
Belonging to the Town of Hancock in the County of Berkshire ^— 



have Lately gone over & Joined y'' Enemy Several of which num- ^^^j^- 
ber were Kill'd in y*^ Battle near Bennington & others taken ciiv., isi! 182. 
prisoners and Several persons belonging to Said Town have since 
been Committed to Goal in said County being strongly suspected 
of giving aid & assistance to ye Enemy, & two persons viz Edward 
Car & Ezekiel Whitford who Confessed they were within y'' Ene- 
mies Lines in the Time of the Battle & upon y*^ Enemies Retreat 
Deserted them and returned to their homes in said Town of Han- 
cock, Therefore 

Resolved That the said Edward Car & Ezekiel Whitford be de- 
tained in Close Jail at Great Barrington in Said County there to 
remain untill they shall be Discharged by Due Course of Law or 
by order of y® Council or y*" General Court, and those persons 
which have been Committed on suspicition of Aiding & Assisting 
y*" Enemy, shall Likewise remain in safe Custody untill Discharged 
in like manner 

and it is further 

Resolved That the Selectmen & Committee of Corrispondance 
of the Said Town of Hancock be & they are hereby Directed & 
Impowered untill the further order of the General Court to take 
under there Care all the Estates both real and personal belonging 
to the Several persons of said Town who have gone over and 
Joined the Enemy, and such as were slain in Battle while in y'' 
Enemies Service & those that were taken prisoners & those that 
have been Committed on Suspision of aiding & Assisting y* En- 
emy & also y" Estates of those that Deserted the Enemies serv- 
ice & returned to their homes in said Town and to apply Such 
part thereof as is Necessary for y^ Support of the Several Families 
of the aforesaid persons, and the Remainder of said Estates to 
Secure in y* most prudent manner they Can, and to make Beef 
and Pork of Such Cattle & Swine as are more profitable to Kill 
this fall than to keep thro' y* Ensuing winter, and sell such articles 
as are perishable in their Nature, keeping fair accounts of all their 
proceedings & Lay y*^ Same before y*^ General Court for their in- 
spection and allowance when Called upon for that purpose and 
whereas Some Expence has arisen Respecting some of the aforesaid 



152 



Resolves, etc. — 1777-78. [Chaps. 382-385.] 



prisoners for victualling & for guards, it is hereby ordered That 
such persons as have any Demands on y' account Lay y" same 
before this Court for allowance. 
In Council 
Read & Accepted 

In the House of Representatives 
Read and concurrd. [Passed October 6.^ 



CHAPTER 382 



RESOLVE ON THE PETITION OF JOHN RUSSEL. 



Legislative 
Records of the 
Council, 
xxxviii., 89. 



On the Petition of John Russel, Praying for an allowance for 
ferrying Ninety Seven Men under his Command over the Vine- 
yard Sound to do Duty on the Vineyard. 

Resolved That the Prayer of the Petition be granted, and that 
there be paid out of Public Treasury of this State the Sum of 
fourteen pounds, ten Shillings for the expence in said Petition re- 
quested. [Passed October 6. 



CHAPTER 383. 

APPOINTMENT OF OLIVER LYMAN AS l^^^ MAJOR OF THE 2'' REGI- 
MENT IN HAMPSHIRE COUNTY. 



Legislative 
Records of the 
Council, 
xxxviii., 90. 
Mass. 
Archives, 
ccxv., 334. 



In the House of Representatives. 
The House made choice by ballot of Capt. Oliver Lymon as 
first Major of the second Regiment of Militia in the County of 
Hampshire in the room of Ezra May elected Colonel of y^ same 
Regiment. 

In Council 
Read & Concurred. [Passed October 6. 



CHAPTER 384. 

APPOINTMENT OF ISRAEL CHAPIN AS LIEUT. COLONEL OF THE 
2^"* REGIMENT IN HAMPSHIRE COUNTY. 

Legislative In the Housc of Representatives 

cSmicif,'* ° The House made choice by ballot of Cap Israel Chapin as Lieut 

xxxvjii.. 90. Q^^Y Qf ^Yie second Regiment of Militia in the County of Hamp- 

Archives. sMrc in the room of Lieut Coll Dickinson who has resign'd. 

ccxv., 332. -r r^ •! 

■ In Council 

Archives, Read & Concurred. [Passed October 6. 

ccxv., 333. 



CHAPTER 385 



RESOLVE PROVIDING FOR ENLISTMENT OF GUARDS. 



Legislative 
Records of the 
Council, 
xxxviii., 90. 

Arohives, Scvcn men to Serve as a Guard to the Powder House in Water- 

'"'^^' ^^^- town for the Space of Six months (Viz) one Corporal and Six 



Resolved that M"' Alexander Sheppard be a Committe to Inlist 



1 This date is October 4 according to Legislative Records of the Council. 



[3d Sess.] Resolves, etc. — 1777-78. 153 

privates, to be allowed for their Service as followeth (Viz) the 
Corporal Fifty two shillings $> Callender month & the privates 
Forty eight Shillings p'' month. And Rations as has been Accus- 
tomed. [Passed October 6. 



CHAPTER 386. 

RESOLVE ON THE PETITION OF ROBERT PIERPOINT, COMMISSARY 

OF PRISONERS. 

On the Petition of Robert Pierpont Esq Comissary of Prisoners Legislative 
praying the direction of this Court with respect to an aged Gentle- Coujidf," ^ ^ 
woman taken on her Passage from the Brasells to Fayal and ^J^'^'^^- 

brought into this Port Archives, 

Resolved that said Commissary be & hereby is directed to permit 204™204b^*^*' 
said Aged woman to take lodgings on Shore. [Passed October 7.^ 



CHAPTER 387. 

RESOLVE ON THE PETITION OF CAPT. JOB PRINCE. 

On the Petition of Cap* Job Prince praying that Cap* Patter- Legislative 
son who was taken in the Merchant Service and now a Prisoner ^Q^'^'lf °^ ^^^ 
on Board the Guard Ship, may have Liberty to come on Shore xxxviii.,'89. 

Resolved that the Prayer of the Petition be granted and that the Archives, 
Said Patterson have Liberty to come on Shore that his Life may ckxxiii.. 203. 



be more comfortable to him provided he give his Parole of Honor Mass. 
to the Commissary of Prisoners to behave in all respects in an cixxxiii., 202. 
Orderly inoffensive Manner and be forth coming when called for. 
[Passed October 7.^ 



CHAPTER 388. 

RESOLVE SUSPENDING THE TRIAL OF THE CASE OF THE SNOW 

ST. JOSEPH. 

Resolved that the Tryall of the Snow S' Joseph Jungo Seco Legislative 
Master, and her Cargo lately Captured on her Passage, as it is c^Il^df °^ *'^^ 
said, from the Brazills to Fyall by Cap' Joseph Cunningham Com- xxxviii.,'90. 
mander of the private Armed Schooner Called the Phenix, be and Archives, 
hereby is Suspended untill her Papers which are all in the Portu- cixxxiii., 197. 
guese Language can be truly and justly translated into the English Mass. 
Language and that the Secretary furnish the Maritime Judge of civiii!y32'4, 325; 
the District into which said Snow was brought with a fair Copy of J^"^*' ^®^' 
this Order. [Passed October 7.^ 

' This date is October 6 according to Legislative Records of the Council. 



154 



Resolves, etc. — 1777-78. [Chaps. 389, 390.] 



CHAPTER 389. 



RESOLVE PROVIDING FOR THE SERVICE OF A POST RIDER BETWEEN 
FALMOUTH AND THOMASTON. 



Legislative 
Records of the 
Council, 
xxxviii., 91. 
Mass. 
Archives, 
clx.'cxiii., 212, 
213. 

Mass. 
Archives, 
clxxxiii., 210, 
211. Legislative 
Records of the 
Council, xxxi., 
212-390. 



On the Petition of Sam' M*=Cobb Abiel Lovejoy & John 
Taylor praying that a post may be Established in the Eastern 
part of this State to ride from Falmouth to Thomaston 

Resolved that a post be and hereby is Established whose Busi- 
ness Shall be to Ride from the Continental post office in Falmouth 
to Mason Wheaton^ Esq"" at the Lime works in Thomaston and to 
Return back to Falmouth to Meet the Continental Post there, and 
to Continue dureing the Pleasure of this Court Also 

Resolved that Capt Lovejoy Capt Snow & Coll M^Cobb be a 
Committee to agree with Some Seutable person to perform the 
Same and it is further 

Resolved, that the Post Master at Falmouth be and he is hereby 
desired to order the Times for the Setting out & returning Said 
post from his office & to receive such Letters as may be brought 
to the Same by s*^ post and to deliver out the Same According to 
the Rules and Postage of the Continental post office, also to Make 
up mails of Such Letters as may be put into his office to be Sent 
to the Eastern parts of the State & account with this Court for the 
money he Shall receive, and it is also 

Resolved that M'' Ellis Gray be & hereby is appointed to write 
to Congress inclosing a Copy of this Resolve & desiring them as 
this Establishment is made to promote the Public advantage, to 
put the S*^ post under the Continental pay & Establishment and 
subject him to the Rules and Directions of the General Post office 

Also 

Resolved that Mason Wheaton Esq'' be & hereby is appointed to 
receive & make up Mails at y" said Town of Thomaston & M"^ 
John Wood is likewise appointed to receive & make up mails at 
the Town of Georgetown, who are hereby allowed to receive for 
their Service one fifth part of the Postage of Letters which shall 
be y^ same as is allowed to the General Post Office. [Passed 
October 7. 



CHAPTER 390 



Legislative 
Hecords of the 
Council, 
xxxviii., 92. 
Mass. 
Archives, 
ccxv., 336. 

Mass. 
Archives, 
cciv., 337. 



RESOLVE DIRECTING THE BOARD OF WAR TO SUPPLY MAJOR 
GENERAL HEATH WITH SUNDRY ARTICLES FOR THE USE OF 
THE ARMY. 

On the Letter from Major General Heath praying the loan of 
thirty two Rheams of paper, & to be supplied w'^ Sundry iVrticles 
w^*" are to be charged in the Continental Account 

Resolved that the Board of War be & they hereby are directed 
to deliver to Major General Heath or his order Thirty two Rheams 
of paper for Musquet Cartridges, Six Tons of Lead twenty thou- 
sand Flints, & One thousand pouches and Charge the same to the 
Continent at such rates as the Board of War shall think reasonable 
the Acts against Monopoly & Oppression notwithstanding. [Passed 
October 7. 



[3d Sess.] Resolves, etc. — 1777-78. 155 



CHAPTER 391. 

RESOLVE PROVIDING -FOR THE SETTLEMENT OF THE ESTATE OF 
ANDREAS WATERS. 

On the Petition of the Widow Waters Asa Waters and John Legislative 
Waters Relating to the Estate of Andres Waters Deceased Late ^^^^°5 ''^ *'^° 
Husband to the said Betty Waters, she being Now Administratrix ^^J^"' ■ ^^■ 
on said Andres Estate, Setting forth that great Difficulties have Archives, 

arisen In settling said Estate, and that all parties concerned are ^jcxv., 33S. 

willing to Submitt the Difficulties Subsisting amongst them to the ^^^^1^^, 
Determination of such Persons as this Court shall Appoint therefore ccxv., 33'i, 34o. 

Resolved that Timothy Sibley Abijah Burbank and Daniel 
Greenwood all of Sutton be and hereby are appointed and author- 
ized, in behalf of the said Widow Waters and her two Small Chil- 
dren to Settle the Difficulties mentioned in said Petition Relating 
to the Estate aforesaid, that so Justice may be done to said Widow 
and Children aforesaid, which Settlement Provided said Widow 
consent to the Same be put upon Record in the Probate office in 
the County of Worcester, Shall be valid in Law to all intents and 
purposes as if said Difficulties mentioned in said Petition had 
been Settled in the life time of the said Andres Waters. [Passed 
October 7. 



CHAPTER 392. 

APPOINTMENT OF MAJOR EZRA MAY AS COLONEL OF THE 2^ 
REGIMENT IN HAMPSHIRE COUNTY. 

In the House of Representatives Records of the 

The House made choice by ballot of Major Ezra May as Colonel Council, 
of the second Regiment of Militia in the County of Hampshire in ^Jg" ' ^^' 
the room of Coll Pumroy deceased. ^''^^''Xff; 

-_- ^-- •! CCXV., oH . 

In Council 

Read & Concurred. [Passed October 7. 



CHAPTER 393. 

RESOLVE PERMITTING CAPT. JOHN JOHNSON, A PRISONER, TO 
GO ASHORE ON PAROLE. 

On the Letter of Cap' Hector M°Neil requesting that Cap' Legislative 
John Johnson who was taken in the Merchant Service and now a c^undf," 
Prisoner on Board the Guard Ship may be indulged with leave to jgg^"' ^^• 
stay on Shore at Lodgings Archives. 

Resolved that the Request of Said Letter be granted and that '^ "^"^ ■ " 



the said Cap' John Johnson be & hereby is permitted to come on Ar^chives, 
Shore at Lodgings provided he give his Parole of Honor to the S|j?^™' • ^'^^• 
Commissary of Prisoners to behave in all respects in an orderly 
inoffensive Manner and to tarry in the Town of Boston 'till a 
Flag of Truce be ready to depart from hence for New York. 
[Passed October 7 . 



156 



Resolves, etc. — 1777-78. [Chaps. 394, 395.] 



CHAPTER 394. 



RESOLVE PROVIDING FOR THE ARREST OF DRAFTED MEN WHO 
REFUSED TO MARCH ON THE SECRET EXPEDITION. 



Legislative 
Records of the 
Council, 
xxxviii., 94. 
Mass. 
Archives, 
ccxv., 344, 345. 



Whereas by information from the Commanding Officer of the 
detachment from this State at the State of Rhode-island, a num- 
ber of drafted Men for the Secret Expedition have not joyned their 
respective Regiments, therefore 

Resohcd that the Commanding officer of y* Militia of each town 
& where there are not Militia officers the Selectmen & Commit- 
tees are hereby orderd & directed immediately to arrest such 
Persons and send them under proper Guard to the State of 
Rhode island & deliver them to the Commanding officer of the de- 
tachments raised by this State, unless each Person so arrested 
shall procure a Suitable man to march in his Stead within Twelve 
hours after being so arrested and whereas its represented to this 
Court that the Militia officers in some Towns have not yet drafted 
their Quota of Men for the purpose aforesaid Its further 

Resolved that the commanding officer of the Militia of any such 
Town & where there are no such Officers the Selectmen & Commit- 
tees are hereby ordered & directed immediately to draft them & 
order them forthwith to joyn their respective regiments at the 
State of Rhode-island, and on neglect or refusal to comply with 
their duty that they be proceeded with agreeable to the foregoing 
resolve 

Resolved that any Militia Officer called upon by the Resolve of 
the Gen' Court of the seventeenth of September last to detach 
Men for the Secret Expedition and have neglected to comply with 
their Duty; and shall neglect to comply therewith till the thir- 
teenth Day of this Ins' be as soon as may be after the Said Day 
tried by a General Court martial (for Neglect of Duty) to be 
appointed by the Brigadier commanding the Brigade to which he 
belongs, who is hereby Impowered and directed to appoint such 
Court Martial. [Passed October S.^ 



CHAPTER 395. 



RESOLVE FOR COLLECTING AND RETURNING THE LIBRARY AND 
APPARATUS TO HARVARD COLLEGE. 



Legislative 
Records of the 
Council, 
xxxviii., 95. 
Mass. 
Archives, 
ccxv., 342, 343. 



Whereas the Library and Apparatus belonging to Harvard 
Colledge was sometime in the month of June 1775 removed by 
order of this Government from Colledge to some Towns in the 
Interior parts of the State, in order to preserve them from the 
devastation they were at that Time threatned with; and whereas 
by their remaining in such a dispersed and Scattered State they 
are liable to Considerable Loss & damage for want of proper Care 
being taken of the same. Therefore 

Resolved that Such parts of said Library and Apparatus as have 
not yet been returned back to Colledge be Collected & brought 
back to their proper Apartments in Cambridge and that the Hon^ 
Council be and hereby are desired to Im loy some suitable Per- 
son or Persons to Execute this Business without Delay. [Passed 
October 8. 



1 This date is October 7 according to Legislative Records of the CounciL 



[3d Sess.] Resolves, etc. — 1777-78. 157 

CHAPTER 396. 

RESOLVE ON THE PETITION OF FOSTER CRUFT. 

On the Petition of Foster Cruft, Praying for allowance for Legislative 
four Sails taken for the use of this State, in the year One thousand cowicif, °^ ^'^^ 
Seven hundred and Seventy five. xxxviii., 97. 

Resolve That the Board of War, be, and they are hereby 
Directed to deliver to the said Foster Cruft, two Sails of equal 
value to the two which were then apprized at Eleven Pounds, thir- 
teen Shillings and four pence. And that there be paid out of the 
Public Treasury of this State to the said Foster Cruft, the Sum of 
Thirteen Pounds, Six Shillings and Eight pence, in full for two of 
the said Sails mentioned in his Petition. [Passed October 8. 



CHAPTER 397. 

RESOLVE DIRECTING THE COMMITTEE FOR IMPORTING FLOUR, 

ETC., TO REPORT. 

Resolved that the Committee appointed by a Resolve of the 17"' Records of the 
of February 1776 to import Flour Rice &c on account of this State Council, 
be & hereby are directed to lay an account of their doings before lEi^"*'^'' 
this Court as soon as may be. [Passed October 9. Archives 

'' '■ ccxv., 351. 



CHAPTER 398. 

RESOLVE PROVIDING THAT THE FUTURE EXPENCES OF THE WAR 
BE SUPPORTED BY TAXATION. 

Whereas the frequent Emissions of Bills of Credit of this State Legislative 
has proved prejudicial! to their Currency & depreciated their Value. Coundf,°^*^^ 
It is therefore Mms'""'^^' 

Resolved that the future Expences of the State in carrying on the Archives, 

present War &c be supported by Taxation only, and that the '^^^^" ^^"" 

Taxes be levy'd & assess'd on the Inhabitants & punctually paid 
into the Treasury in such Sums & at such short Periods as the 
General Court shall hereafter direct. [Passed October 9. 



CHAPTER 399 



RESOLVE ALLOWING HALF PAY TO RICHARD PRITCHARD. Legislative 

Records of the 

On the Representation of John Lucas Commisary of Conti- xxxviii.,' 98. 
nential Pinsioners in behalf of Richard Pritchard Late a soldier in Archives, 
CoP John Greatons Rigm' & Cap' Job Gushing Comp^ and who g'^^^- 3^^- 
was wounded in the Leg at Hull on the 20"" July 1775 Mass. 

Resolved that the said Rich** Pritchard is Intitled to half pay to ccxv!^ii7- 
Comence from the 31' day of Decemb"^ 1775. [Passed October 9. ^^^^' 



158 



Resolves, etc. — 1777-78. [Chaps. 400-403.] 



Legislative 
Records of 
Council, 
xxxviii., 98. 
Mass. 
Archives, 
ccxv., 353. 



Archives, 
ccxv., 354- 
355 J. 



the 



CHAPTER 400. 

RESOLVE ALLOWING HALF PAY TO BENJAMIN ALLEN RICHARDSON. 

On the Representation of John Lucas Commisary of Conti- 
nential Pinsioners in behalf of Benj^ Allin Richardson Late a soldier 
in Col° Israel H[utch] insons Rigeni' & Cap' Enoch Putnans [Comp^] 
who was wounded in the North River the 3^ day of Auges' 1776 

Resolved that the said Benj^ Allen Richardson is Intitled to half 
pay to Commence from the 31" day of Deer 1776. [Passed 
October 9. 



CHAPTER 401 



RESOLVE ESTABLISHING PAY OF MEMBERS OF THE GENERAL 

COURT. 



I^egislative 
Records of the 
Council, 
xxxviii., 100. 
Mass. 
Archives, 
ccxv., 356. 

Legislative 
Records of the 
Council, 
xxxvi., 327. 



Whereas by the advanced Price of the necessaries of Life the 
established Pay of the members of this Court is become inadequate 
to their daily Expence: 

Resolved that there be allowed to the Representatives Eight 
Shill^' ^ Day & to the members of the hon^^^ Council ten Shill^^ 
& eight pence p Day for each Days Attendance & that the Pay 
Roll for the last & present Sessions of the General Court be made 
up accordingly. [Passed October 10. 



CHAPTER 402 



Legislative 
Records of the 
Council, 
xxxviii., 100. 
Mass. 
Archives, 
ccxv., 357. 

Mass. 
Archives, 
ccxv., 358. 



RESOLVE ON THE PETITION OF EPHRAIM JONES. 

On the Petition of Ephraim Jones Praying for liberty to pur- 
chase salt of the Board of War 

Resolved that the Prayer of the petition be so far Granted that 
the Board of War be Directed and they are hereby Directed to 
Deliver to Ephraim Jones five bushels of Salt he the S*^ Jones pay- 
ing a reasonable price for the same. [Passed October 10. 



CHAPTER 403 



Ijcgislative 
Records of the 
Council, 
xxxviii., 101. 



RESOLVE GRANTING £10,000 TO THE COMMITTEE FOR SUPPLYING 
THE ARMY WITH SLOPS AND SMALL STORES. 

Resolved That the Treasurer of this State, be, and he hereby is 
Directed to pay into the hands of the Committee appointed to 
supply the Army with Slops and small Stores, the Sum of Ten 
thousand pounds, to enable them to execute their trust; they to be 
accountable to the General Court for the expenditure of the Sums 
they shall respectively receive. [Passed October 10, 



[3d Sess.] Resolves, etc. — 1777-78. 159 

CHAPTER 404. 

RESOLVE FOR SUPPLYING THE BRIG HAZARD WITH CANNON. 

Whereas four six pounders are necessary to equip the Brigg: Legislative 
Hazard belonging to this State for the Sea & whereas it is repre- council, 
sented to this Court that they may be got from the Prize Ship ^^Jg'"- ^''^• 
Johnson taken by the State Brigg Massachusetts & by the Cap'^ Archives. 
Greely & Gardiner in private arm'd Vessells. —^ — ■ 

Resolved that Caleb Davis Esq'' be & he hereby is impower'd to 
take from the s'^ Prize Ship Johnson four six pound Iron Cannon 
for the use of the Brigg Hazard & this State will be accountable 
to the Captors for the same at Such price as shall be Setl on them 
by three Persons to be appointed for that purpose by the Captors 
and the said Davis. [Passed October 10. 



CHAPTER 405. 

RESOLVE ON THE PETITION OF ISRAEL REED. 
On the Petition of Israel Reed, Praying that he may be Legislative 

'^ ' of : 

102. 



allowed for a Gun which was lost in the Battle at Bunker-Hill. Counctr^ *^^ 



Resolved, That there be paid out of the Public Treasury of this ^^v"' 
State to Israel Reed the Sum of Three Pounds in full for the loss 
of his Gun at Bunker-Hill. [Passed October 10. 



CHAPTER 406. 

RESOLVE FOR SUPPLYING SOLDIERS' FAMILIES. 

Whereas the very exorbitant prices at which most of the neces- Legislative 
saries of Life are sold at the present Day renders it fit and reason- Records of the 
able that effectual provision should be made for Supplying, at xxxviii.,' 102. 
reasonable rates, the Families of such Noncommissioned Officers & Archives, 
private Soldiers as have engaged in the Continental Army, therefore ccxv., 362-365. 

Resolved that the Selectmen of the several Towns in this State 
who have not already made Sufficient provision for this purpose 
be, and they are hereby directed, immediately upon the Receipt 
of this resolve, to call meetings of the Freeholders and other 
qualifyed voters within their Towns, respectively, which Towns 
thus assembled are hereby empowered & directed to make effectual 
provision that the Families of such noncommissioned Officers & 
privates in their respective Towns as have engaged in the Con- 
tinental Service shall be Supply'd from and after y^ first day of 
Septe"^ last with such Necessaries of Life as their Circumstances 
may require, to the amount of such Sum as shall be lodg'd by such 
noncommission'd Officers and Private Soldier with such Commit- 
tee as has been or shall be appointed by the several Towns for 
this purpose not exceeding the one half part of their Wages re- 
spectively (the other half doubtless the Soldier will be supply'd 
with in Camp by the State Commissary), they paying for the same 
at the rates set and limitted in an Act entitled " an Act to prevent 
monopoly and Oppression" or at the rates they have been sett at 
in each Town in pursuance of said act, Provided nevertheless the 
said Committee shall refrain from Supplying the Families of such 



160 



Resolves, etc. — 1777-78. 



[Chap. 407. 



Men as have received Bounties, (either from the Town for which 
they Enlisted, or from Individuals in consideration of their enter- 
ing into the Continental Army) for so long a time as the said 
Committee shall judge the Bounties, they have respectively re- 
ceived, would have answered to defrey the extra Expence of Sup- 
plying their respective Families with. necessaries 
And also 

Resolved that in Case any Town shall refuse or neglect to make 
such provision, that in such Case the Selectmen in such Town or 
Towns & their Successors in Office shall make such provision and 
exhibit to this Court an account of the Surplus of the Costs of the 
necessaries of Life by them so Supply'd for payment, with a 
reasonable sum for their trouble and expences, and the monies 
paid on such accounts shall be annexed to the then next Taxes of 
those Towns for which such Soldiers are inlisted and returned as 
part of their Quota of the Continental Army; And those Towns 
which shall in persuance of this Resolve make provision for the 
Families of any Soldiers within their Respective Towns who are 
returned as having inlisted for some other Town as part of their 
Quota of the Continental Army, that then the Selectmen of such 
Towns shall have a right to charge the extra expence of the neces- 
saries with which such Families were by them Supply'd with a 
reasonable Sum for their Trouble and expences to this State and 
lay their Accounts before the General Court for examination and 
payment thereof, and the several Towns for whom such Soldiers 
were Hired (after being notified) shall be Charged with the sums 
thus paid in the then next Tax-Bill 
And it is further 

Resolved that the Committees of the Several Plantations shall 
make the like Provision for the Families of any Soldiers within 
their Respective Plantations who are Returned as having inlisted 
for any Town as Part of their Quota of the Continental Army and 
that the Committee of such Plantation shall have a right to charge 
the Extra Expence of the Necessary's, with which such Families 
were by them Supplied with a reasonable Sum for their Trouble 
and Expences to this State, and lay their Accounts before the Gen- 
eral Court for Examination & payment thereof, and the Several 
Towns for which such Soldiers were hired (shall be charged with 
the Sums thus paid after being notified in the then next Tax 
Bill) and said Committees are directed to use their influence in 
their respective Plantations, that like Provission may be made by 
their Plantation for the Families of such Non Commissioned Offi- 
cers and Privates as are in the Continental army as the Quota of 
that Plantation. [Passed October 10. 



CHAPTER 407 



Legislative 
Records of the 
Council, 
xxxviii., 104. 
Mass. 
Archives, 
ccxv., 36(5. 



RESOLVE ON THE PETITION OF MOSES LITTLE. 

On the Petition of Moses Little Esq"^ praying that in Behalf of 
his Brother Paul Little of Falmouth who lost his House Shop & 
Goldsmith's Tools in the Burning of that Town he may be per- 
mitted to purchase of the Committee of Sequestration such a 
Quantity of Tools as are necessary for his Brother to set up his 
Business again 

Resolved that the Committee of Sequestration be & they hereby 
are directed to deliver to Moses Little Esq' for the Use of his 
Brother Paul Little a Set of Goldsmiths Tools if in their Posses- 
sion taking a reasonable Price for the same. [Passed October 10. 



[3d Sess.] Resolves, etc. — 1777-78. 161 



CHAPTER 408. 

RESOLVE ALLOWING WILLIAM SMITH AND FAMILY TO PROCEED 
TO HALIFAX OR NEW YORK. 

On the Petition of William Smith praying Leave for himself ReTOldsof the 
Wife Mother & a Boy his Brother in Law to depart in the first Council, 
Cartel for New York or Halifax ^^T'' '°°- 

Resolved that W"' Smith be & he hereby is permitted with his ^i^h^^'uo 

Wife, Mother & a Boy his Brother in Law to go in the first Cartel — — ' — 

for New York or Halifax. [Passed October 10. Archives, 



clxxxiii., 109. 



CHAPTER 409. 

RESOLVE ALLOWING JOHN NESS AND FAMILY TO PROCEED TO 
HALIFAX, NEWPORT OR NEW YORK. 

On the Petition of Jn° Ness praying for Leave for himself, Legislative 
Wife & Child & to take Passage in the first Cartel for New York CoTnclr^ '''' 
or Newport Mas^s"'" ^' 

Resolved that John Ness be & he hereby is permitted with his Archives, 
Wife & Child to take Passage for New York, Newport or Halifax *'''^"' ' ^^^ 



in the first Cartel for either of those places. [Passed October 10. Archives, 

clxxxiii., '220. 



CHAPTER 410. 

RESOLVE DIRECTING THE SECRETARY TO WRITE A LETTER TO 
PELEG WADSWORTH, ESQ«. 

Resolved that the Secretary be & he hereby is directed to write Legislative 
to Peleg Wadsworth Esqr a Member of the Board of War & inform c^ct, °^ ^''^ 
him that this Court desire to know whether it is his Intention to ^viii.,'ioi. 
sit, or to resign his Seat, at the s** Board. [Passed October 10. Archives, 

ccxv., 359. 



CHAPTER 411. 

RESOLVE FOR PAYMENT OF SALARY OF BENJAMIN KENT, ATTOR- 
NEY GENERAL. 

On THE Petition of Benjamin Kent Esq' praying allowance for Legislative 
his Services as Attorney-General for this State from April One Records of the 
thousand Seven hundred and Seventy Six to July One thousand xxxviii.'ios. 
Seven hundred and Seventy Seven Inclusive. Mass. 

Resolved That there be allowed and paid out of the Treasury of ^^^^'224 
this State, Thirty Pounds Lawful Money to Benjamin Kent Esq' 225. 
in full for his Services as Attorney-General During the above 
Period. [Passed October 11. 



162 



Resol\^s, etc. — 1777-78. [Chaps. 412-414.] 



CHAPTER 412. 



RESOLVE APPOINTING A COMMITTEE TO RECEIVE AND COLLECT 

FIRE-ARMS. 



Legislative 
Records of the 
Council, 
xxxviii., 106. 
Mass. 
Archives, 
ccw., 368. 



Whereas a Considerable Number of Fire-arms are Lent out, 
and are Deposited in different parts of, and Belonging to this 
State therefore 

Resolved that Cap* Abner Ellis, Cap' Jacob Boardman, Cap' 
Joseph Hosmer jun, M'' William Scott, Cap' Ebenezer White, Cap' 
Ebenezer Jenkins, M'' George Codding, Joseph Simson Esq^ M"" 
David Bigelow, Cap' Joseph Noyes, Cap' William King and M"" 
Abial Lovejoy, Be and Hereby are appointed a Committee to 
make Enquiry after, and Endeavour to find out where Said fire- 
arms are Deposited & to Receive and Collect the Same. And all 
Persons having any of Said fire arms in their Possession are 
hereby ordered and Directed to Deliver them Into the Hands of 
s^ Committee for the use of this State, who are to be accountable 
to this Court for y*^ same except those Guns delivered the Select- 
men of several Towns in this State by the Commissary General of 
this State in May & June last for the Purpose of being repaired 
and by the Militia of their Towns used 'till further Orders of the 
General Court or the Council And it is further 

Resolved that In Case any of the fire arms are Disposed of by 
the Select men and Committees &c of any Towns in this State, 
and they have Receaved the money for them The said Selectmen 
and Commitees &c hereby are ordered and Directed, to pay Such 
monyes Into the Hands of s'* Commitee, who are Hereby Impow- 
ered to Receave the Same and account with this Court therefor. 
[Passed October 11. 



CHAPTER 413. 



RESOLVE GRANTING £S. 16 FOR MILEAGE OF CAPT. JOSIAH KEITH'S 

COMPANY. 



Legislative 
Records of the 
Council, 
xxxviii., 106. 



On the Petition of Captain Josiah Keith of Easton, Praying 
that a mistake may be rectified concerning the Mileage of the 
Militia Company he marched from said Easton to Warren in the 
State of Rhode-Island in December last. 

Resolved That there be paid out of the Treasury of this State 
to the said Captain Josiah Keith, the Sum of Eight Pounds, Six- 
teen Shillings, for the use of said Company, to Compleat and make 
up their Mileage-Money in full. [Passed October 11. 



CHAPTER 414 



Legislative 
Records of the 
Council, 
xxxviii., 107. 
Mass. 
Archives, 
ccxv., 369. 

Mass. 
Archives, 
ccxv., 369- 
370i. 



RESOLVE DIRECTING THE BOARD OF WAR TO DELIVER GUN- 
POWDER, ETC., TO THE SELECTMEN OF CHARLESTOWN. 

On the Petition of the Selectmen of Charlestown praying that 
the Commissary General should be directed to replace their Town 
Stock of Powder Balls & Flints which were in May 1775 applied to 
public uses. 

Resolved that the Board of War be, & they hereby are directed 



[3d Sess.] Resolves, etc. — • 1777-78. 163 

to diliver to the Selectmen of the Town of Charlestown four hun- 
dred pounds weight of Gun-Powder, three hundred pounds weight 
of musket Balls & four hundred flints, for the use of said Town 
and that the same (if not allready done) be charged to the United 
States. [Passed October 11. 



CHAPTER 415. 

APPOINTMENT OF GILES JACKSON AS LIEUT. COLONEL OF THE 
l^T REGIMENT IN BERKSHIRE COUNTY. 

In the House of Representatives Legislative 

The House made choice by ballot of M'' Giles Jackson as Lieut comcif 
Coll of the first Regiment of militia in the County of Berkshire, in ^g^" ' ^'^^' 
the room of L' Coll Root deceas'd. Archives, 

1/^ •! ccxv., 371. 
n Council 

Read & Concurred. [Passed October 11. 



CHAPTER 416. 

RESOLVE DESIRING THE COUNCIL TO APPOINT MARINE OFFICERS 
TO SERVE ON BOARD THE BRIGANTINE HAZARD. 

On the Petition of Simeon Samson Commander of the Brigan- Legislative 
tine Hazard in the Service of this State praying that Officers of coS^cU, °^ *'"* 
Marines may be appointed and provision made for them on board ^'''^"■' '°''- 

said VeSSell Archives. 

Resolved that the Council be & hereby are desired to appoint the '"^^'^' ^^^' 

following Marine Officers to serve on board the Brigantine Hazard ^re^ives 
an Armed Vessel fitted out by this State whose pay & shares of ccxv., 373. 
prizes shall be as follows viz' 

A Lieutenant of Marines . . . five pounds & .3 Shares 

A Serjeant ...... three pounds & 1 & § Share 

A Corporal ." . . . . . Two pounds ten shillings & 1 & j Share. 

[Passed October 11. 



CHAPTER 417. 

RESOLVE ON THE COMPLAINT OF THE COMMITTEE OF CORRE- 
SPONDENCE, ETC., OF BOSTON AGAINST ROBERT PIERPOINT, 
COMMISSARY OF PRISONERS. 

The Committee of Correspondence &" of the Town of Boston, Legislative 
having on the 12"^ of September last exhibited to the General g^^'"j|f °f *''^ 
Court, a Memorial containing fourteen Articles complaining that xxxviii.,'84. 
Robert Pierpoint Esq"' Coniissary of Prisoners, had in divers In- Archives, 
stances exceeded the Line of his duty &'^ &" ' and the said Com- ccx-v., 374, 37.5. 
missary & Committee being fully heard before both Houses on Mass. 
the Second Instant ccxv., 376-396. 

Resolved that although the Comittee of Correspondence &" of R^^lords of the 
the Town of Boston have discovered a zealous Attachment to the Council, 
Interest of their Country and a Close attention to the discharge of 
their trust, yet it appears to this Court that they have failed in 
Supporting most of the charges they have exhibited against the 
said Commissary Pierpoint, whose Conduct in general, considering 

1 Sic. 



164 



Resolves, etc. — 1777-78. [Cilu>s. 418-420.] 



the nature of his Office, and the many difficulties, in these times 
of Jealousy, attending the execution of it, has been as unexcep- 
tionable as could reasonably have been expected 

And ^yhereas, the said Commissary did inadvertently Counte- 
nance one of the Prisoners in buying a Quantity of Indigo with a 
View to carry the same in the Cartel to New York and also did 
from the Principles of Humanity, tho' without proper Authority, 
permit the Officers of the Fox, now Prisoners on board the Prison 
Ship, to land at Lechmere's Point under the Care of the Captain 
of said Prison-Ship, who suffered them to Range too far from the 
guard ship and also sufferd the Cartel to proceed without being 
Searchd 

Resolved that the said Commissary in these Instances has not 
Acted with all that Care and Circumspection that the nature of 
his Office required And that he be enjoined in future to Conduct 
with more Caution. [Passed October 13.^ 



Legislative 
Records of the 
Council, 
xxxviii., 108. 
Mass. 
Archives, 
clxxxiii., 199. 

Mass. 
Archives, 
clxxxiii., 198. 



CHAPTER 418. 

RESOLVE DIRECTING THE BOARD OF WAR TO SUPPLY CLOTHING 
TO OFFICERS OF COL« SAMUEL BREWER'S REGIMENT. 

On a Letter from Col° Sam" Brewer dated y® 3d Ins' directed 
to the Board of War praying for Cloths for himself & officers 

Resolved that the Board of War be, & they are hereby directed 
to send to the said Col° Sam" Brewer, thirty Six Suits of Cloaths, 
Agreable to his request. [Passed October 13. 



CHAPTER 419. 



RESOLVE ALLOWING ACCOUNT OF BENJAMIN GREEN. 



Legislative 
Records of the 
Council, 
xxxviii., 108. 



On the Petition of Benjamin Green, Shewing that« in Conse- 
quence of an Order of the Honb'* Council to Captain Samuel Reed, 
he, the said Benjamin, was Ordered to Convey to the Northern 
Army a number of Persons viz. Joseph Taft Jun"" Benjamin 
Thompson, Rufus Harris, and Ebenezer Chase, that was Draughted, 
but refused to Join the Army And Praying that his Accompt 
therefore may be allowed. 

Resolved That the Petitioner Benjamin Green be allowed and 
paid out of the Public Treasury of this State the Sum of Fifty two 
Pounds One Shilling and four pence in full for said Service; and 
that the Same be stopped out of the said Soldiers Wages or other- 
wise be recovered as this Court shall Order. [Passed October 13. 



CHAPTER 420 



Legislative 
Records of the 
Council, 
xxxviii.. 111. 



RESOLVE GRANTING £296. 6. 11 TO CAPT. JAMES JOHNSON OF THE 
BRIGANTINE ROCKINGHAM FOR SERVICES, EXPENSES, ETC. 

Upon the Memorial of James Johnson, Master of the Brig- 
antine Rockingham, who was sent to Europe by the Committee 
of Supplies for Military Stores, Praying for recompence for his 
Services. 

' This date is October 4 according to Legislative Records of the Council. 



[3d Sess.] Resolves, etc. — 1777-78. 165 

Resolved That the Sum of Two hundred Ninety Six Pounds, Six 
Shillings and Eleven Pence, be allowed and paid out of the Public 
Treasury of this State to Captain James Johnson in full for his 
Services, Expences and Losses, while Master of the Brigantine 
Rockingham, in the Service of this State. [Passed October 13. 



CHAPTER 421. 

RESOLVE DIRECTING THE COMMISSARY GENERAL TO DELIVER 
BACK RATIONS TO CAPT. SIMEON SAMSON. 

On the Petition of Captain Simeon Samson. Praying, that Legislative 
the Commissary-General of this State may be Directed to deliver Councif, 
him such Back-Rations as are due to him, while in the service of xxxvm.. ii2. 
this State, from August first. One thousand Seven hundred and 
Seventy Six, to July Fifth, One thousand Seven hundred and 
Seventy Seven. 

Resolved That the Commissary-General of this State, be, and 
hereby is directed to Deliver to Captain Simeon Samson, all such 
Back-Rations as shall appear to him to be due to said Captain 
Samson, while in the service of this State, from August First, One 
thousand Seven hundred and Seventy Six to July fifth. One thou- 
sand Seven hundred and Seventy Seven. [Passed October 13. 



CHAPTER 422. 

RESOLVE DIRECTING THE TREASURER TO RECEIVE 800 UNITED 
STATES LOTTERY TICKETS. 

The Committee of both Houses to whom was referred the Legislative 
Letter from the Board of Treasury & also from John Ord Esq' co^df °^ ^^^ 
relative to Eight hundred Ticketts belonging to y" Lottery of the xxxviii.,'ni. 
United States have attended that service & beg leave to report by Anfhives, 
way of Resolve Thomas Gushing ^ order. ccxv., 408. 



Whereas the Board of Treasury at Philadelphia has forwarded Anfhives 
to the Hon**" the Council of this State Eight hundred Ticketts of cxiii., in', 
the United States Lottery, agreable to a Resolution of Congress 
passed the 6'** of August last, in order that the Sale of the same 
may be expedited and as it is of great Importance to the United 
States that this Lottery Should be Speedily drawn, and to that 
End that the Ticketts Should be disposed of with all possible 
dispatch therefore 

Resolved that the Treasurer of this State be and hereby is 
directed to receive of Jonathan Williams Esq' the Eight hundred 
Ticketts above referred to, on account and risque of this State, 
and to Carry the amount of the Value thereof to the credit of the 
United States of America, And that the Said Treasurer keep the 
Said Ticketts in some Safe Place untill the further order of the Gen- 
eral Court & lodge the number of each in the Secretaries office as 
soon as he receives them. 

In the House of Representatives 

Read & pass'd 
In Council 

Read & Concurred. [Passed October 14.^ 

* This date is October 13 according to Legislative Records of the Council. 



166 



Resolves, etc. — 1777-78. [Chaps. 423-426. J 



CHAPTER 423. 



Legislative 
Records of the 
Council, 
xxxviii., 113. 
Mass. 
Archives, 
cox v., 406. 

Mass. 
Archives, 
ccxv., 407. 



RESOLVE DIRECTING THE BOARD OF WAR TO DELIVER SULPHUR 
TO EPHRAIM LAWRENCE. 

Resolved that the Board of War be and they are hereby Directed 
to deHver to Ephraim Lawrence four Hundred weight of sulpher 
to manufacture into Gun Powder he paying for the same. [Passed 
October J 4- 



CHAPTER 424. 



RESOLVE APPOINTING OFFICERS FOR THE MILITIA COMPANIES 
IN GREAT HARRINGTON AND NEW MARLBOROUGH. 



Legislative 
Records of the 
Council, 
xxxviii., 113. 
Mass. 
Archives, 
ccxv., 403. 

Mass. 
Archives, 
ccxv., 404. 



Resolved that the two Companies of MiHtia in the Town of 
Great Barrington be Reduced into one Company & that the fol- 
lowing Gentlemen be Commissioned according to Col Ashley's re- 
quest viz. Silas Goodrich, Cap' Charles Parsons F' Lieut' Thomas 
Ingersoll 2** Lieut' & John Powell 3*^ Lieut' & that the said John 
Powell have the rank of 2^ Lieut' in Col. Ashley's Regiment 

Further 

Resolved that the following Gentlemen be Commissioned over 
the Company in New Marlborough Lately Commanded by Cap' 
Ephraim Gitteau, viz John Collar, Cap' Eli Harman 1^' Lieut' 
and Aaron Spaulding 2** Lieut'. [Passed October I4. 



CHAPTER 425 



RESOL\'i: DIRECTING THE BOARD OF WAR TO SUPPLY JOHN BROWN 
CUTTING WITH MEDICINES FOR THE WOUNDED IN MILITARY 
HOSPITALS. 



Legislative 
Records of the 
Council, 
xxxviii., 114. 

Mass. 
Archives, 
ccxv., 401. " 

Mass. 
Archives, 
ccxv., 402. 



On the petition of John Brown Cutting Esq' praying that the 
Hon Council and House of Representitives of this State would as 
soon as possable issue an order to furnish him with such artikels 
or a proportion of them as are Imadatly Requiset for the sick and 
wounded soulders in the milatery Hospitels. 

Resolved that the Board of War be and they hearby are Directed 
to Sell to John Brown Cutting Esq' or order such a proportion of 
Medisons as they Can spare for the sick and wounded in the mili- 
tary Hospitels he paying for the same. [Passed October 14' 



CHAPTER 426. 



RESOLVE DIRECTING THE BOARD OF WAR TO FURNISH THE 
GENERAL COURT A LIST OF ARTICLES ON HAND. 



Legislative 
Records of the 
Council, 
xxxviii., 114. 
Mass. 
Archives, 
ccxv., 399, 400. 



Whereas it has been represented to this Court that the Board 
of Warr have sundry Articles on hand belonging to this state, which 
are not wanted for the service of the same therefore 

Resolved that the said Board of Warr be and hereby are diricted 
to lay before this Court a list of all Such articles with their Cost 
as Soon as may be that this Court may take order thereon. 
[Passed October 14- 



[3d Sess.] Resolves, etc. — 1777-78. 167 



CHAPTER 427. 

RESOLVE DIRECTING THE BOARD OF WAR TO DELIVER SULPHUR Legislative 
TO JONATHAN HALE. Set. 

xxxviii., 114. 

Upon the Petition of Jonathan Hale praying for a quantity of Archives. 
sulpher &c ^ ^ ^''■^^- ^^^- 

Resolved that the Board of War be & hereby is Directed to Mass. 
deliver to Jonathan Hale half a Ton of Sulpher he paying for the ccxV.'lts. 
same. [Passed October 14- 



CHAPTER 428. 

RESOLVE ON THE PETITION OF EBENEZER BRADISH. 

On y^ Petition of Eben" Bradish Attorney to Hezekiah Crosby Legislative 
Joseph Reed John Gowing, Ephraim Crosby & Simeon Carter, couricif," 
praying for Liberty to enter Complaints at y" Superior Court ^Jg"'" ^^^' 
against David Parker Leonard Richardson Jon^ Bradshaw Nath' Archives. 
Brooks Jun' and others, & Edmund Richardson, for not prose- '^^^" 



cuting their appeals from the Inferior Court of Comon Pleas held Arcf-ves, 
within & for y" County of Middlesex, on the Third Tuesday of ccxv., 4io. 
May AD 1774. 

Resolved that y^ said Petitioners have Liberty to enter their 
Complaints at the next Superior Court &c to be held at Cambridge 
in said County of Middlesex on y*^ last Tuesday of Ocf Currant & 
to receive affirmation of the Judgements aforesaid & that s** Su- 
perior Court be, & hereby is Impowerd to give Judgement upon 
such Complaints as tho' y* same appeals had been made to y' 
same Superior Court, the Petitioners giving Seven Days Notice 
thereof to y* appellants. [Passed October 14- 



CHAPTER 429. 

RESOLVE ON THE PETITION OF JOSIAH RICHARDSON. 

Whereas Josiah Richardson in his Petition hath set forth the Legislative 
Damages he sustained on the Nineteenth of April One thousand councif,° * ^ 
Seven hundred and Seventy five; and also allowance for Services, ""'^"'- ^^^- 
as is set forth in the Account thereto annexed. 

Resolved That the Prayer thereof be granted, and that the Sum 
of Twenty One Shillings be allowed and paid out of the Publick 
Treasury to the said Josiah Richardson, in full of his Account for 
the Damages and Services mentioned in said Petition. [Passed 
October 14- 

CHAPTER 430. SStle 

Council, 
xxxviii.. 108. 
RESOLVE ON THE PETITION OF JOSHUA LAMB. Mass. 

Archives, 
clxxxiii 228 

On the Petition of Joshua Lamb Esq Praying that this Court 229. 
would Grant Him a peace of Vacant Land of two Hundred acres Mass. 
Near the township of Camden between Penobscot Hills, also Pray- ^i^ii^f'226. 
ing that a pass be Granted for a Vessell to go to Novascotia to 227. legislative 
bring His family, and Noah Miller with His family to Settle In Cou?icif.° 
this State. ^^"- ^^- 



168 



Resol\ts, etc. — 1777-78. [Chaps. 431, 432.] 



Resolved that the Prayer of the Petition be so far Granted, that 
In Case He the said Joshua Lamb Esq' Can find any unappropri- 
ated Land in the County of Lincoln, the Property of this State: 
that He Shall Have Liberty to Lay out a Tract thereof Not Ex- 
ceeding two Hundred acres, adjoining to some former Grant The 
Surveyor and Chainman being under oath In the following form, 
viz two Hundred Rods In Length, and one Hundred and Sixty 
Rods In Wedth, And Return to this Court a plan thereof within 
Twelve months that Said Lands may be Granted to Him 

And that a Pass be Granted for the Purpose Mentioned In His 
Petition. [Passed October 15.^ 



CHAPTER 431 



Legislative 
Records of the 
Council, 
xxxviii., 116. 



RESOLVE GRANTING £150 TO BENJAMIN EDES. 

On the Petition of Benjamin Edes, Setting forth, that he pro- 
cured to be apprehended, examined and Committed to Prison One 
Nathanael Davis of Boston, on suspicion of his having been Con- 
cerned in Counterfeiting the Bills of Credit of this State; and that 
he found upon him the said Davis the false Plate or Instrument 
by which the fraud was perpetrated, and that the said Davis 
made his escape before he was brought to trial and convicted of 
the Crime aforesaid, whereby he the said Edes is prevented from 
recovering the reward for Discovering the Facts aforesaid to which 
he would otherwise have been entitled. 

Resolved That there be allowed and paid out of the Public 
Treasury of this State to Benjamin Edes of Boston, the Sum of 
Fifty Pounds, as a reward for causing the aforesaid Nathanael 
Davis to be apprehended and committed to Jail And the further 
Sum of One hundred Pounds, as a reward for Discovering and 
finding upon him the false Plate or Instrument by which he 
Counterfeited the Bills of this State. [Passed October 15. 



CHAPTER 432. 



Legislative 
Records of the 
Council, 
xxxviii., 117. 



RESOLVE ON THE PETITION OF THE SELECTMEN OF WOBURN. 

On THE Petition of the Selectmen of the Town of Woburn, 
Praying for allowance for Supporting Mary Shute. 

Resolved That there be paid out of the Public Treasury of this 
State to the said Selectmen of Woburn, the Sum of Thirteen 
Pounds in full for supporting the said Mary Shute from Sep- 
tember Seventeenth One thousand Seven Hundred and Seventy 
Six, to September Seventeenth One thousand Seven hundred and 
Seventy Seven, being twelve Months. 

And it is further 

Resolved That the Selectmen of the Town of Woburn be Di- 
rected to remove the said Mary Shute to the Town of Maiden, 
and deliver her to the Care of the Selectmen there, who are hereby 
Directed to make suitable provision for her Support, and lay their 
Accounts before the General Court for allowance. [Passed Octo- 
ber 15. 

* This date is October 13 according to Legislative Records of the Council. 



[3d Sess.] Resolves, etc. — 1777-78. 169 



CHAPTER 433. 

RESOLVE DIRECTING THE TREASURER TO RECEIVE 100 ADDI- 
TIONAL UNITED STATES LOTTERY TICKETS. 

Whereas the Board of Treasury at Philadelphia has forwarded ][^for^s of the 
to the Hon. Council of this State Nine Hundred Tickets of the Council, 
United States Lottery, in Order that the Sale of the same might ^7"" '^^' 
be expedited, and Whereas the Resolve of this Court passed the Archives^ 

14"* Instant, directs the Treasurer to receive to the Account of this — '■ 

State only Eight Hundred of said Tickets; although the Intention 
of this Court was to receive to the Use & account of this State the 
whole Number forwarded as aforesaid. 

therefore 

Resolved that the Treasurer of this State, be, and hereby is 
directed to receive of Jonathan Williams Esq"^ the remaining Num- 
ber of One Hundred Tickets of the United States Lottery, on Ac- 
count and Risque of this State, and to Carry the amount of the 
Value thereof to the Credit of the United States of America; The 
said Treasurer in other respects, conforming to the directions given 
him in the Resolve before referred to. [Passed October 16. 



CHAPTER 434. 

RESOLVE ALLOWING £50 TO THE PROFESSOR OF HEBREW AT 
HARVARD COLLEGE. 

On the Petition of M' Stephen Sewall, Hancock Professor of ^^'®'h*^^| .^e 
the Hebrew and other Oriental Languages in Harvard College, Council, 

Praying a Consideration for the Discharge of the Duties of his ^^^"'•' "^' 

Office for the year One thousand Seven hundred and Seventy Six. 

Resolved That there be allowed and paid out of the Treasury of 
this State to the Petitioner, the Sum of Fifty Pounds as a gratuity 
in consideration of his faithful Discharge of the Duties of his Office, 
for One year ending the last Day of December, One thousand 
Seven hundred and Seventy Six in full for such his Services to 
that time. [Passed October 16. 



CHAPTER 435. 

RESOLVE ON THE PETITION OF ARIEL WOOD. 

On the Petition of Abiel Wood. 

Resolved that the Treasurer of this State, be and he is hereby Legislative 
Directed to pay the Said Wood any Sum or Sums of Money, being c^unc'u. °^ ^^^ 
the Neat Proceeds of the Sloop Betsy Which he has Received or ^viii.,'i20. 
may hereafter Receive of Pelatiah Webster by Virtue of any for- Anfhives, 
mer Order of this Court, and in Case the Said Money is or Shall °"^-' ^^^' 
Not be paid into the Treasurey of this State the Said Wood have ^*^^ 
Liberty to Receive Said Sum of Said Webster and the Said Web- ccxv., 413^16, 
ster is hereby Directed to pay the Same Accordingly any Resolve ^^^' *^^'" 
of this Court to the Contrary Notwithstanding. [Passed October 16. 



170 



Resolves, etc. — 1777-78. [Chaps. 436-438.] 



CHAPTER 436. 



RESOLVE FOR PAYMENT OF EXPENSES OF SICK AND WOUNDED 
SOLDIERS AND LOSSES SUSTAINED BY THEM. 



Legislative 
Records of the 
Council, 
xxxviii., 120. 
Mass. 
Archives, 
ccxv., 430. 



Resolved That the Soldiers belonging to this State who have 
marched to reinforce the continental Army to New York Ticon- 
deroga or elsewhere and were taken sick in their march to, or 
return from the Camp, or were wounded while in the Army and 
have had no Compensation for extraordinary Expences arising from 
such Sickness or Wounds be allowed Pay for such Expences, they 
making application to the Committee on Accounts appointed by 
this Court and producing sufficient Evidence that such Expences 
were in Consequence of their Sickness or of their Wounds; And it 
is further 

Resolved that a full Compensation be made to such of the afore- 
said Soldiers who have sustained Losses in the Army they pro- 
ducing a Certificate from their Captain or commanding Officer 
that such Loss was occasioned by a necessary Retreat, or an 
Engagement with the Enemy, Provided they make out a fair ac- 
count of the particular Articles they have lost and make Oath 
before some Justice of the Peace that the same were lost in some 
necessary Retreat or Engagement with the Enemy and according 
to his or their best judgment are of such Value as is exhibited in 
his or their Account. [Passed October 17. 



CHAPTER 437. 

APPOINTMENT OF COL<* JONATHAN TITCOMB AS BRIGADIER OF 
THE MILITIA IN ESSEX COUNTY. 



Legislative 
Records of the 
Council, 
xxxviii., 121. 
Mass. 
Archives, 
ccxv., 429. 



In the House of Representatives 
The House unanimously made choice by ballot of Coll Jonathan 
Titcomb, as Brigadier of the Militia in the County of Essex, in the 
room of Hon Michael Farley Esq"^ elected major General. 
In Council 
Read & Concurred. [Passed October 17. 



Legislative 
Records of the 
Council, 
xxxviii., 121. 
Mass. 
Archives, 
ccxv., 426. 

Mass. 
Archives, 
ccxv., 427, 428. 



CHAPTER 438. 

RESOLVE IMPOWERING EUNICE WILSON. ADMINISTRATRIX, TO 
SELL REAL ESTATE. 

On the Petition of Eunice Willson of Bolton in the County 
of W^orcester Widow & Administratrix of the Estate of her late 
Husband Cap' Nathaniel Willson deceased intestate, & others the 
heirs of the Dec*^ Praying that She the Said Eunice may be im- 
powerd to make & execute a good deed of Sale of the Farm in 
Bolton Afore Said which did belong to her [late] dec** Husband, 
Capt Nathaniel Willson Aforesaid, to Stephen Hall Ter"' of med- 
ford, Agreable to the bargain or Contract made between the Said 
Cap' Willson, a little before his decease, & Said Hall. 

Resolved that the Said Eunice Willson be & She is hereby im- 
powered to make & execute a good & Sufficient deed of Sale of the 
Aforesaid Farm to the Aforesaid Stephen Hall Tertius, Agreable 



[3d Sess.] Resolves, etc. — 1777-78. 171 

to the contract made between her Said deceased Husband & Said 
Hall, & that She give proper security to the Judge of Probate for 
the County of Worcester that She will pay & distribute the money 
Arising by Said Sale, According to the directions of the Law 
respecting intestate Estates. [Passed October 17. 



CHAPTER 439. 

RESOLVE ON THE PETITION OF FRANCIS SHAW. 

On the Petition of Francis Shaw praying that his Accounts Legislative 
may be allowed for Rum and other articles he supplied y* State couricif." * * 
while in their Service and that milage may be allowed to y* Sixty ^jj"' '^*- 
men who travelled from S' Johns to Machias & for allowance of his Archives, 
disbursments on the Sch' Hannah & Molley '^'"'^" 



Resolved that Milage be allowed the 60 Men who travelled from Anfhives, 
S' Johns to Machias and that Francis Shaw deliver in his Ac- ccxv., 4i9, 423, 
count therefor and all his Accounts set forth in said petition to 
the Committee of Accounts who hereby are directed to settle the 
same as shall appear to them just and reasonable. {Passed Octo- 
ber 17. 



CHAPTER 440. 

RESOLVE EXTENDING THE TIME FOR SETTLING THE TOWNSHIP 
GRANTED WILLIAM BULLOCK AND OTHERS. 

On the Petition of Asahel Carpenter Agent to the Proprietors Legislative 
[of] a Township of Land Granted to William Bullock Esq^ and g^°^f °f *h^ 
others april 22'' 1771 Lying on Hoosock Mountain In the County xxxviii.,' 122. 
of Barkshire, Praying that the Injunction may be Taken off or Xr^chives. 
the Time Lengthned out for the Settlement of Said Township cixxxm., 238. 

Resolved that the Prayer of the Petition be so far Granted as ^^^^. 
that the time for the Settlement thereof be & hereby is lengthned cixxxiii., 237. 
out for the further term of Seven years from and after the twenty 
Second Day of april Next, any thing In Said Grant to the Con- 
trary Notwithstanding. [Passed October 17. 



CHAPTER 441. 



RESOLVE ON THE PETITION OF JOHN DAVIS, PENSIONER. 

On the Petition of John Davis. 

Resolved That there be paid out of the Public Treasury to Legislative 
Edward Johnson, the Sum of Six Pounds to be by him paid to the coS?.cif °^ ^^^^ 
Petitioner, being in full for the Continuance of his Pension for two xxxviii..' 124. 
years to the last Day of September, One thousand Seven hundred 
and Seventy Seven. [Passed October 17. 



172 



Resolves, etc. — 1777-78. [Chaps. 442-444.] 



CHAPTER 442 



Legislative 
Records of the 
Council, 
xxxviii., 125 
Mass. 
Archives, 
ccxv., 421, 422. 

Mass. 
Archives, 
ccxv., 420. 



RESOLVE DIRECTING THE COMMITTEE OF SUPPLIES TO FORWARD 
THE PUBLIC STORES ON HAND TO THE NORTHERN ARMY. 

The Committee of both houses appointed on the within order 
beg leave to report by way of resolve 

John Whetcomb by order 

Whereas it is represented to this Court that the Troops from 
this State in the Northern Department are suffering through the 
want of such necessaries as have been promised them therefore 

Resolved that the Committe of Supplies of this State send 
forward to the army all the stores now in their hands belonging 
to the public without delay. And to enable them effectually to 
perform the same that upon application made by any one of said 
Committe to a Justice of the Peace and where none shall be 
right at hand to any two Select-men of any town, that such Jus- 
tice or Select-men issue his or their warrant to any Constable of 
s^ town to impress so many teams carriages & drivers belonging to 
said town as said Committee-man shall request to transport said 
stores. 

In Council 

Read & Accepted 

In the House of Representatives 

Read & Concurred. [Passed October 17. 



CHAPTER 443. 

RESOLVE PROVIDING THAT ONLY ABLE-BODIED M£N SHOULD BE 
MUSTERED INTO SERVICE. 



Legislative 
Records of the 
Council, 
xxxviii., 122. 
Mass. 
Archives, 
ccxv., 448. 

Mass. 
Archives, 
ccxv., 449, 450. 



The Committee of Both Houses appointed to consider a repre- 
sentation Relative to Colonel Michael Jackson's having Five of 
his sons in his Battalion, raised by this State as Part of the Con- 
tinental Army, and to enquire by what means they were mustered, 
after being refused by one Muster Master — Begg leave to Report 
by way of Resolve John Taylor P' order 

Resolved, that the Hon'ble Council be and they are hereby De- 
sired to give Positive Orders to all the Muster Masters not to 
Muster any Person as a Soldier in the Continental Army unless 
he shall appear to him fully able to do the duty of a Soldier. 
In the House of Representatives 

Read & pass'd 
In Council 

Read & Concurred. [Passed October 18.^ 



CHAPTER 444 



Legislative 
Records of the 
Council, 
xxxviii., 123. 
Mass. 
Archives, 
ccxv., 43i. 



RESOLVE VESTING THE COUNCIL WITH CERTAIN POWERS DURING 
THE RECESS OF THE GENERAL COURT. 

Whereas it may be of public Utility that until the next sit- 
ting of the General Court certain powers should be vested in the 
Council other than those with which they are ordinarily Cloathed, 
therefore 

1 This date is October 17 according to Legislative Records of the Council. 



[3d Sess.] Resolves, etc. — 1777-78. 173 

Resolved that the Honble Council until the next sitting of the Mass. 
General Court be & hereby are fully Authorized & impowered to 4x^^.741^}. 
Nominate & appoint, as occasion may require, such commission r"^'^' j^.'^f .i^ 
Officers in any of the Land forces armed Vessels or Vessels of War Council, 
in the Service & pay of this State and also in the Militia, whose '°^"""> ^^^■ 
places by death or otherwise are vacant, as to them shall appear 
necessary & put them under the Command of such Officer or Offi- 
cers as they shall judge proper 

And it is 

Resolved that the Council be & they are hereby also impowered 
& Authorized to treat with any Indians that may Arrive in this 
State & make such provision for them as they may judge proper 

And it is 

Resolved that the Major part of the Council shall have full 
power & Authority to examine allow & pass upon the pay-rolls of 
the Sea Coast Men & their Commissarys Accounts & also of the 
pay-rolls of the Militia who have been in service, any act or Re- 
solve to the contrary notwithstanding. 

Also 

Resolved that until the next sitting of the General Court, any 
seven of the Council be & hereby are impowered to Issue & Sign 
any Warrants & such W^arrants & any other thing Transacted by 
seven of said Council be & hereby is declared to all intents & 
purposes as valid as if the same had been Signed or Transacted by 
fifteen of said Council 

And it is further 

Resolved that untill the next sitting of the General Court, the 
Council be and hereby are Impowered, if they shall judge it neces- 
sary, to retain the Officers & men belonging to the militia that are 
engaged in the Expedition to Rhode Island or that have marched 
to reinforce the Army in the Northern Department upon such 
Terms & for such a Term of Time as they shall think the safety 
of this & the other United States requires, and in Case the Officers 
& men cannot be prevailed with, upon such Terms as the Council 
shall Offer, to stay beyond the time for Which they have Engaged 
to tarry, that in Such Case, the Council be and hereby are Im- 
powered to draft such a Number of men from the militia and for 
such a Term of time as they shall think the Public Safety requires 
& offer them such Encouragement as they shall think reasonable. 

Also 

Resolved, that the Honble Council be and they hereby are im- 
power'd to convene the Great & General Court or Assembly at any 
earlier Day than that to which it shall next be Adjourned or pro- 
rogued if they shall judge the Public Service requires it. [Passed 
October 18.^ 



CHAPTER 445. 

RESOLVE DISCHARGING THE COMMITTEE ON ACCOUNTS OF 

£18,607. 11.5. 

Resolved that the Committee of Council Chosen to receive, Legislative 
examine and pay Accounts for Services done in Consequence of c^°cff °^*^® 
orders from the late Provincial Congress or General Court, Viz' xxxviii.,' 125. 
Jabez Fisher Benjamin W'hite and Daniel Davis Esq"" be and Arehives, 
hereby are discharged of the Sum of Eighteen thousand Six hun- ccxv., 447. 
dred and Seven pounds Eleven shillings & 5^, monies they have Mass. 
received of the Treasurer by Warrant from Council to the 27 may ciSiv^'so; 

ccxv., 446. 
1 This date is October 17 according to Legislative Records of the Council. 



174 



Resolves, etc. — 1777-78. 



[Chap. 446. 



last, and that said Committee, be held still to account for the 
Sum of Seven pound Twelve shillings & 3^, a balance remaining 
in their hand the 27 may last. [Passed October 18.^ 



CHAPTER 446. 



Legislative 
Records of the 
Council, 
xxxviii., 125. 



Archives, 
cliv., 189, 190, 

Mass. 
Archives, 
cliv., 191. 



RESOLVE ON THE PETITION OF CHARLES PERRIN, A PRISONER IN 

CONCORD GOAL. 

The Committee of both Houses on the Petition of Charles 
Perrin beg leave to report the following Resolve 

John Taylor Pr order 

Resolved that all such Persons as are now Confined in the 
several Goals in this State by General Warrants from the Honble 
Council be sent to the several Counties to which they belong & by 
the Sheriff of the County where they are respectively Confined 
and be brought to Tryal at the next Superior Court which may 
set in the Said Counties, and that the Honble Judges of the 
Superior Court be directed by the Council to proceed to the 
Tryal of the said Prisoners and all others apprehended in like 
manner and since admitted to Bail for the Several offences they 
may be Charged with 

And that some proper person or persons in each County be 
chosen by Joint ballot of both Houses whose Business it shall be to 
make strict Enquiry for & Collect such Evidences as may be nec- 
essary before the Tryal of such persons so Committed as afore- 
said all others apprehended in like manner and since admitted to 
Bail, & lay the same before the Attorney, who is or may be ap- 
pointed by this Court as State Attorney and lay their ace" for 
their Service before this Court for Allowance 

And Whereas it appears to this Court of great Consequence that 
one Samuel Hall who is now Confined in the Goal at Falmouth in 
the County of Cumberland should be removed from said Goal to 
the Goal in Boston &c 

therefore 

Ordered that the Sheriff of the County of Cumberland be and 
he Hereby is directed forthwith to Convey the said Samuel Hall 
from the said Goal in Falmouth and Commit him to the Common 
Goal in Boston and that this order be forwarded to said Sheriff by 
Express or otherwise as soon as possible. ^ 

Also that the keepers of the Prisons in the Sevetol Counties in 
this State be and hereby are Directed forthwith to n;iake a return 
to the Honble Council of the names of all the prisoners Com- 
mitted by them to their Custody with the names of the Towns to 
which they belong 

And that the Treasurer of this State be Directed to lay before 
the Honble Council a List of the above persons who have been 
admitted to Bail and the Towns they belong to. 
In Council 

Read & Accepted 

In the House of Representatives 

Read & concurred. [Passed October 18.^ 

1 This date is October 17 according to Legislative Records of the Council. 



I3d Sess,] Resolves, etc. — 1777-78. 175 



CHAPTER 447. 

RESOLVE ALLOWING HALF PAY TO STEPHEN JENNINGS. Legislative 

Records of the 
/^ • (• r~< ' Council, 

On the Representation of John Lucas Commisary of Conti- xxxviii., 127. 
nential Pinsioners in behalf of Stephen Jennings Late a Bombardier Arehives, 
in Cor Hen^ Knoxs Rigm' Cap' Tho' Peirces Comp^' & who Lost '="'^^- ^^b- 
one of his hands and one Eye near Dorchester Hights ^^as® 

Resolved that the said Stephen Jennings is Intitled to half Pay to ccxv., 437-43Si. 
Commence from the ST' Day of December 1776. [Passed October 18. 



CHAPTER 448. 

RESOLVE DIRECTING DELINQUENT CONSTABLES AND COLLEC- 
TORS OF TAXES TO PERFECT THEIR COLLECTIONS. 

Whereas many Constables & Collectors of Town County and Records'of the 
Parish Taxes, levied on Towns, Counties & Parishes respectively Council, 
previous to the Declaration of Independency, have not perfected m^Js"' 
their Collections, being in doubt whether by the Warrants deliv- ^^^v^'^lls 

ered them before that Period they have sufficient Power for the — - — ' 

same 

Wherefore 

Resolved that all such delinquent Constables and Collectors of 
Town, County and Parish Taxes be and they hereby are directed 
to perfect their Collections on such Warrants respectively, and 
that said Warrants are and ought to be considerd in full Force the 
Declaration of Independence notwithstanding. [Passed October 18. 



CHAPTER 449. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF LEOMINSTER. 

On the Petition of the Select men of the Town of Leominster Legislative 
Praying that the Assesment or Rate Bill which was apportioned c^ncii^ °^ *^^ 
by the Last years Assessors Some Time in February Last and by xxxvin.,' 128. 
them Committed to John Carter to Collect, be by the Present Ar'cWves, 
Assessors Transfared to Thomas Stearns Collector for the North- ccxv., 434. 
erly Part of Said Town with their warrant to inable Said Stearns ^^^s. 
to Collect the Same ccxv., 435. 

Resolved that the Prayer be granted and that the Assessors of 
the Town of Leominster for the Time being be Impowered and 
derected to Transfare the Assesment or Rate Bill which was ap- 
portioned by the last years Assessors Some time in February last 
and by them Committed to John Carter to Collect, unto Thomas 
Stearns the present Collector for the Northerly part of Said Town 
with their warrant to inable said Stearns to Collect the Same & the 
Rate Bill and warrant So Transfared and granted Shall be as good 
and Valied in the Law to all Intents and purposes as though it 
had bin Assessed and apportioned by the Present Assessors any 
Law Usage or Custom to the Contarary notwithstanding. [Passed 
October IS. 



176 



Resolves, etc. — 1777-78. [Chaps. 450-452. J 



CHAPTER 450 



RESOLVE PROVIDING THAT NAVAL OFFICERS SHALL REMAIN IN 
OFFICE UNTIL OTHERS ARE CHOSEN. 



Legislative 
Records of the 
Council, 
xxxviii., 128. 
Mass. 
Archives, 
OCX v., 433. 



Whereas this Court on the twenty second Day of November 
last Resolved that the Naval Officers for the several Ports in this 
State should hold their Offices only for the Term of one Year and 
Whereas the Time for which the said Naval Officers were chosen 
will expire in november next and it is not probable this Court will 
be then sitting and their choice cannot therefore be then renewed 

Resolved that the said Naval Officers be & hereby are severally 
impowered to hold & execute their Offices until they shall be 
rechosen by this Court or until others shall be chosen in their 
stead. [Passed October 18. 



CHAPTER 451. 



RESOLVE ON THE PETITION OF MUNGO MACKAY AND OTHERS. 



Legislative 
Records of the 
Council, 
xxxviii., 129. 
Mass. 
Archives, 
ccxv., 440. 

Mass. 
Archives, 
ccxiv., 316; 
ccxv., 439, 442- 
444. Legislative 
Records of the 
Council, 
xxxviii., 84. 



The Committee of Both Houses appointed to Consider the 
within Petition [Mungo Mackay and others] have attended that 
Service & they beg leave to report that the Prayer thereof be so 
far granted as that the Treasurer be Impowered & directed to put 
in suit all such Bonds as were given for security of the Perform- 
ance of the Agreement mentioned in y*" said Petition, the Condi- 
tions of which are supposed by the Said Petitioners to be Violated 
& Broken. All which is submitted 

Thomas Cushing p order 
In Council 

Read and Accepted and thereupon 

Resolved that the Treasurer be and hereby is Impowered and 
directed to put in suit all such Bonds as were given to him by the 
owners of certain Privateers which joined the Continental Fleet, 
which lately sailed from this Port under the Command of Cap' 
John Manly, for the Security of the Performance of the agreement 
subsisting between a Committee of this Court and the owners of 
the Privateers aforesaid & refered to in said Petition, the Condi- 
tions of which are Supposed by the Petitioners to be violated and 
Broken, and he is hereby ordered to lend all due Aid and assist- 
ance to the said Petitioners in bringing such Suits to final Judge- 
ment and Execution, who are to Carry on the Same at their own 
Proper Expence and without any charge to the State. 
In the House of Representatives 

Read & concurr'd. [Passed October 18. 



CHAPTER 452. 



I-«gislative 
Records of the 
Council, 
xxxviii., 130. 



RESOLVE ON THE PETITION OF JACOB STILES. 

On the Petition of Jacob Stiles, Praying for a Commission iix 
the Army or Pay for his Services in Enlisting Men. 

Resolved That there be allowed and paid out of the Public 
Treasury the Sum of Eight Pounds, fourteen Shillings, to the said 
Stiles, in full for his Services in Inlisting Twenty nine Men for the 
Continental Army. [Passed October 18. 



[3d Sess.] Resolves, etc. — 1777-78. 177 

CHAPTER 453. 

RESOLVE LIBERATING THOMAS EDWARDS FROM CONFINEMENT. 

On the Petition of Thomas Edwards a prisoner in the Com- Legislative 
mon Goal in the Town of Boston, Committed by Order of a Court g^^ctf,"^*^^ 
of Inquiry, appointed to inquire into the Conduct of Persons Sus- ?pviii.,' 



130. 



pected to be inimical to this and the United States of America Archives, 

Resolved that the Petitioner be liberated from his present con- ''^''^- '^^• 



finement by his giveing bond to the Treasurer of this State for the ^J^^g^j^gg 
Sum of five hundred pounds with two Sureties in the Sum of Two ciiv., m! 
hundred & fifty pounds Each that he the Said Edwards will not 
do or Say any thing to the Injury of this or any of the United 
States. [Passed October 18. 



CHAPTER 454. 

RESOLVE ON THE PETITION OF FREELOVE SCOTT. 

On THE Petition of Freelove Scot praying that the Committee Legislative 
of Sequestration might be directed to make some Allowance to her councif," * ^ 
from the Goods in their hands lately belonging to her Husband ^''jj" ' ^^°- 
Joseph Scot an absentee Archives, 

Resolved that the Committee of Sequestration be & they hereby <=i'"^" • 2«- 



are directed to deliver to the s*" Freelove Scot one third part of the Afohives. 
goods & other personal Estate in their Hands lately belonging to cixxxiii., 24i, 
her Husband Joseph Scot; taking two Receipts for the same one 
of which to be lodged in the Secretary's Office deducting the Sum 
of One hund** & fifty pds already p'' her by s'' Committee 

And it is further 

Resolved that the Committee of Sequestration be & they hereby 
are impower'd to settle in the like manner with any other of the 
s^ Absentees Wives remaining in this State & who have not 
quitted it to join the Enemies of the United States of America. 
[Passed October 18. 



CHAPTER 455. 

RESOLVE AUTHORIZING THE USE OF THE BRIGANTINE FAVORITE 

AS A CARTEL. 

Whereas a Commodious Vessel is Imediately wanted to send ^*'^'®^^*'^'| .j^ 
to New York as a Cartel with a Number of Prisoners, in order to Coum-if," 
Redeem our Brethren who have been long in Captivity there And ^Jg"' ' '^'" 
whereas the Brigantine Favorite belonging to this State, now in Archive^^ 

this Harbor, is every way suitable for the purpose aforesaid, and ^-^^^ — 

may be Soon Equipt & ready for Sailing 

therefore 

Resolved that the Board of Warr be & they are hereby directed 
to Deliver the said Brig* Favorite to the Commissary of Prisoners 
for a Cartel as aforesaid, the said Commissary being accountable 
to the Board of War for the Hire of her. [Passed October 20. 



178 



Resolves, etc. — 1777-78. [Chaps. 456-458.] 



CHAPTER 45G. 



Legislative 
Records of the 
Council, 
xxx\-iii., 131. 



RESOLVE GRANTING £38. 17 TO DAVID JEFFRIES, ESQ. 

On the Account of David Jeffries, Esq' 

Resolved That there be paid out of the Public Treasury to 
David Jeffries Thirty Eight Pounds, Seventeen Shillings, in full 
of what is due to him on Balance and Commissions for paying 
Marshall's, Whitney's and Craft's Regiments. [Passed October 20. 



CHAPTER 457. 



RESOLVE IMPOWERING MARY LORING, ADMINISTRATRIX, TO SELL 

REAL ESTATE. 



Legislative 
Records of the 
Council, 
xxxviii., 132. 
Mass. 
Archives, 
ccxv., 453. 

Mass. 
Archives, 
ccxv., 454. 



On the Petition of Mary Loring of Boston in the County of 
Suffolk, Widow, Administratrix of the Estate of her late Husband 
Israel Loring, Hatter deceased intestate, Seting forth in Said peti- 
tion that Said deceased's Estate was not Sufficient to pay the debts 
due & owing from Said Estate, & that Since the distribution of 
Said Estate to & Amongst the Creditors, According to the order 
of the Judge of Probate, there remains a Small Wood lot in the 
Town of Hingham & a Small piece of Cedar Swamp in the Town 
of Abington, & prays that She may be enabled to Sell the Same 
for the benefitt of Said Creditors 

Resolved that the Above named Mary Loring be & She is hereby 
impowered to make Sale of the two above mentioned Lots of land 
for the most the Same will fetch & make & execute a good deed 
or deeds thereof, & give proper Security to the Judge of Probate 
for the County Aforesaid, that the neat proceeds Arising by Said 
Sale or Sales after deducting her Dower Shall be distributed to & 
amongst the Several Creditors of Said Estate in proportion to their 
Several claims, as Settled by the Commissioners on Said Estate, 
She the Said Mary Loring observing the Rules & directions of the 
Law for the Sale of Real Estates, by Executors & Administrators 
under the like Circumstances. [Passed October 20. 



Legislative 
Records of the 
Council, 
xxxviii., 133. 
Mass. 
Archives, 
ccxv., 457, 458. 



CHAPTER 458. 

RESOLVE DIRECTING THE BOARD OF WAR AND COMMITTEE OF 
SEQUESTRATION TO PAY INTO THE TREASURY ALL MONIES 
RECEIVED BY THEM. 

Resolved that the Board of War be and they are hereby di- 
rected to pay as soon as may be all monies now in their hands or 
which they may receive for such Goods and Articles already Sold 
into the Public Treasury, and that they take two receipts for any 
Sum they may Pay into the Treasury as above directed, and that 
they lodge One of said receipts in the Secretarys Office Also 

Resolved that the Committee of Sequestration and the Agents 
for the Middle district be and they are hereby directed to pay 
into the Public Treasury immediately all money's they may have 
in their hands in Consequence of their respective Trusts; and also 
that they pay into said Treasury any further Sums of Money 
which either of the[m] may receive in executing the Business as- 



[3d Sess.] Resolves, etc. — 1777-78. 179 

signed them by this Court as soon after they shall have received 
the sam[e] as Possible and that they take two receipts for any 
Sum by them respectively so paid, one of which receipts to be 
lodged in the Secretary's Office as above. [Passed October 20. 



CHAPTER 459. 

RESOLVE ON THE PETITION OF MATTHEW SLEIGHT. 

The Committee of Both Houses on the Petition of Mathew Legislative 
Sleight Master of the Sloop Union Flag of Truce lately arrived at councif,° 
Nantucket are of Opinion that the Vessell shou'd be permitted to ^^"•' ^^^• 
proceed to New York & beg Leave to report the following Resolve Archives, 

Resolved that Matthew Sleight Master of the Sloop Union, a "''''"'■' ^^^- 

Flag of Truce from New York be permitted to proceed for New- 
York taking with him M" Geyer her four Children & two Serv- 
ants, William & Patty also the Bedding of M" Geyer & her 
Servants which was brought in the Flag from New York and 
nothing else, provided M' Duncan Ingraham & M' Benjamin 
Clark give their Bond jointly to Henry Gardner Esq"^ Treasurer of 
this State in the Sum of Five hundred pounds that in Case said 
Sloop Union which is now libell'd in the maritime Court of the 
Southern District of this State shou'd be determin'd to be for- 
feited to the Captors that they shall be answerable for the Above 
Amount which is supposed to be the Value of the Vessell. 
In Council 

Read & Accepted 

In the House of Representatives 

Read and Concurrd. [Passed October 20. 



CHAPTER 460. 

RESOLVE DIRECTING THAT MALES OF SIXTEEN YEARS AND UP- 
WARDS WHO HAD LEFT BOSTON OR OTHER SEAPORTS BE EN- 
ROLLED IN THE MILITIA. 

On the Petition of the Selectmen of the Town of Medford. R^rdsof the 

Whereas Doubts have arisen in what Instances the Inhabitants Council, 
of Boston & other Seaports who have removed into y* Country are ^^"'" ^^*' 
liable to be called upon for Assistance in procuring men for this ^■■''^*^?|a 

States proportion of y^ Continentall Army. — '■ 

Resolved that the Commission'd Officers in y^ militia through this 
State keep a fair list of all the male Inhabitants in their respective 
Towns of Sixteen Years old & upwards who removed from Boston 
Charlestown or any other Seaport by Reason of the present War, 
& after excepting such as are supported by the State also those 
who in the Judgement of the Commissiond Officers Selectmen & 
Committees of Correspondence in the same Town are neither able 
to contribute towards hiring others or to do the Duty of Soldiers 
themselves, that they enroll the Remainder with y*' militia of said 
Town & require them to furnish their Proportion of a Seventh 
part of said Towns militia to be inlisted into the Continentall 
Service for three Years or during the Warr & in Case of Refusall 
or Neglect proceed in manner as is directed by a Resolve of this 
Court of the 30"" April last. [Passed October 20. 



180 



Resolves, etc. — 1777-78. [Chaps. 461, 462.] 



CHAPTER 461. 



RESOLVE DIRECTING THAT A LETTER BE SENT TO THE PRESI- 
DENT OF THE COUNCIL OF NEW HAMPSHIRE. 



Legislative 
Records of the 
Council, 
xxxviii., 133. 
Mass. 
Archives, 
ccxv., 456. 



Resolved that the honourable President of the Council be and he 
is hereby desired to inform the Hon President of the Council of the 
State of New-Hampshire by letter of the sum agreed to be assessed 
on the Inhabitants of this State the present year, that he inclose 
in his Letter a Copy of the Bill for calling in and sinking the 
Money emitted by this State, & that he inform him of any other 
Steps Which have been taken by this Court to carry into execu- 
tion the plan agreed on by the Several committees who lately met 
at Springfield. [Passed October 20. 



CHAPTER 462. 



RESOLVE DIRECTING THE COMMITTEE OF SEQUESTRATION TO 
DELIVER SEQUESTERED GOODS TO THE BOARD OF WAR. 



Legislative 
Records of the 
Council, 
xxxviii., 110. 
Mass. 
Archives, 
ccxv., 465a-467. 



Archives, 
ccxv., 202, 203, 
464. 



Resolved that the Committee of Sequestration, be and they are 
hereby directed to deliver to the Board of War at a value ap- 
praised by y^ Com'^* herein after mentioned such articles of the 
Sequestered goods they may have under their care as may be 
wanted for the use & defence of this State, the said Board to be 
accountable for the same to the General Court. And the Commit- 
tee of Sequestration are hereby impowered and directed as soon 
as may be, any order of this Court to the contrary notwithstand- 
ing, to dispose of the residue of the goods they have in their 
possession under their care, first laying them out in Lotts that 
will not exceed in each Lott the Sum of thirty pounds excepting 
such single Articles as amount to a larger Sum specifying to whose 
Estate such goods belonged; and having them appraised on Oath 
by W" Bant, Harbottle Dor, Samuel Ruggles Bartholomew Knee- 
land and Duncan Ingraham jun"" who are hereby appointed a Com- 
mittee for that purpose excepting such Houshold furniture & other 
articles as may have been lent to particular persons, or have been 
otherwise disposed of by order of Court. And no one Person nor 
any for by or under him shall be suffered to purchase more than 
one Lott. and the s** Committee of Sequestration are hereby di- 
rected to pay the Money they may receive for said goods into 
the hands of the Treasurer of this State, taking two receipts of 
y' same Tenor & date, one of w'^'' shall by them be lodged in 
the Secretaries Office. And the said Committee shall be allowed 
twelve Shillings p' Day for the Time they may spend in disposing 
of Said Goods. 

Resolved that the Selectmen & Committees of Correspondence &'^ 
of the several Towns in this State who have under their care any 
Estate real or Personal that belong to such Persons as are Absen- 
tees and went off with the British Troops & joyned themselves to 
our Enemies, and have lett the same out to hire or leased them 
out for any term of time be it longer or shorter & have received 
rent for the same, be & they hereby are directed forthwith to 
settle with & pay to Oliver Wendell Esq' Cap* Ebenezer Wales 
and David Jeffries Esq' who are a Committee appointed for that 
purpose, such Monies as they may have received for the rents 
aforesaid and the said Committee are hereby directed to receive 



[3d Sess.] Resolves, etc. — 1777-78. 181 

the same and pay it into the hands of the Treasurer of this State 
taking two receipts therefor of the same tenor & date, One of 
which to be lodged in the Secretaries Office. [Passed October 21.^ 



CHAPTER 463. 

RESOLVE ON THE PETITION OF TRYPHENA WITHERELL. 

On the Petition of Tryphene Witherell of Wrentham in the Legislative 
County of Suffolk Praying that a Judgment of Court obtained by coZdf,"^*''* 
one Abijah Holbrook against her Husband Abel Witherell now in ^J^"' • ^-^• 
the Continental army May be Set aside for Reasons mentioned in Archives, 

• J Ti ,•,• ccxvi., 154, 155. 

said Petition 

Resolved that the Prayer of the Petition be so far Granted that ^fp^ives 
the Petitioner serve the said Abijah Holbrook with an attested ccxvi., 153, 156. 
Coppy of her Petition and this order thereon that he may Shew 
cause if any he has on the Seccond Tuesday of the Next Sitting of 
the General Court why the prayer thereof Should not be granted, 
and in the mean time that all further proceeding on said action and 
the Execution Issuing thereon be Stayed and that the Cow Swine 
and Spoons taken by said Execution or the value thereof be Re- 
stored by the said Abijah Holbrook immediately to the Petitioner, 
and if the said Holbrook neglect or refuse to comply with the 
Same Lemuel Kollock of said Wrentham In behalf of the Peti- 
tioner is hereby impowered to prosecute the said Abijah Holbrook 
for the Same to final Judgment and Execution. [Passed October 21 ? 



CHAPTER 464. 

RESOLVE ON THE PETITION OF ELEAZAR GOODWIN. 

On the Petition of Eleazar Goodwin, a Marine on board the Legislative 
Brigantine Independence Commanded by Captain Simeon Samson, c^clf "^^'^^ 
and was taken by the Enemies of the United States and carried xxxviii.,'i36. 
into Halifax in Nova-Scotia, from whence he made his escape and 
was made up on said Samson's Roll two Months and one Quarter 
short which amounts to five Pounds Eight Shillings. Therefore 

Resolved That there be allowed and paid out of the Public 
Treasury of this State the Sum of five Pounds Eight Shillings as 
W'ages, and also a further Sum of five pounds as an Allowance for 
his Sufferings and Expences in his Escape. [Passed October 21. 



CHAPTER 465. 

RESOLVE ON THE PETITION OF HENRY GOODWIN. 

On the Petition of Henry Goodwin Clerk to Captain Simeon Legislative 
Samson on board the Brigantine Independence, the property of the coundf °^ ^^^ 
State of Massachusetts-Bay, and was taken Captive by the Ene- xxxviii.,' i36. 
mies of the United States and carried into Halifax in Nova-Scotia 
from whence he made his escape with much Danger and expence, 

1 This date is October 13 according to Legislative Records of the Council. 

2 This date is October 17 according to Legislative Records of the Council. 



182 



Resolves, etc. — 1777-78. [Chaps. 466, 467.] 



and was made up in said Samson's Muster-Roll Twenty five pounds. 
One Shilling and four pence short. Therefore 

Resolved, That there be allowed and paid unto the said Henry 
Goodwin, out of the Public Treasury of this State said Sum of 
Twenty five pounds. One Shilling and four pence, And also the 
further Sum of five Pounds for his Sufferings and Expences in his 
escape. [Passed October 21. 



CHAPTER 466. 



Legislative 
Records of the 
Council, 
xxxviii., 137. 
Mass. 
Archives, 
ccxv., 461. 



RESOLVE FOR REGULATING FLAGS OF TRUCE. 

Whereas it is of dangerous Tendency that Flags of Truce 
coining to this State for the Exchange of Prisoners should be 
allowed to make a Harbour at any Out Ports & there discharge & 
take Prisoners or other Persons without y*" notice of the Commis- 
sary appointed for that Purpose It is therefore 

Resolved That all Vessells coming to this State from the Enemy 
as Flags of Truce for the Exchange of Prisoners shall proceed 
directly for the Port of Boston & make Report to the Commissary 
of Prisoners there, unless by Distress of Weather they are obliged 
to make a Harbour at some other Port in which Case the Master 
of said Vessell shall immediately make Report to the Authority of 
that place & permit no Person to quit y^ Vessell nor Baggage or 
other Goods to be unladed from her, but shall proceed as soon as 
Wind & Weather permit for Boston And All Flags of Truce for the 
above Purpose that shall sail, after the Commissarys of Prison- 
ers at New York Hallifax or other places in the Possession of the 
Enemy shall have been duely served with a Copy of this Regula- 
tion & shall go into any Out Ports or Harbours of this State 
(unless by Distress of Weather as aforesaid) or shall otherwise act 
contrary to this Resolve, in such Case the Attorney General of 
this State shall Libell said Vessell in the maritime Court of the 
middle District of this State and on Proof being made that y^ 
master of said Vessell has knowingly contravened the Intention of 
this Resolve she shall be adjudged to be forfeited to the Use of the 
State And the Commissary of Prisoners of this State is hereby 
directed to forward attested Copys of this Resolve to the Commis- 
sarys of Prisoners at New York Halifax & other Places by the first 
Flags that may sail from hence. [Passed October 21. 



CHAPTER 46r, 



RESOLVE IMPOWERING THE COUNCIL TO APPOINT PERSONS TO 
COLLECT EVIDENCE IN CERTAIN CASES. 



Legislative 
Records of the 
Council, 
xxxviii., 138. 
Mass. 
Archives, 
ccxv., 463. 



Whereas in and by a Resolve of this Court making Provision 
for bringing to tryal all such Persons as are now confined in the 
Several Goals in this State by General Warrants from the Honble 
Council, it is ordered that some proper Person or Persons in each 
County be Chosen by joynt Ballot of Both Houses to make en- 
quiry & collect evidences relating to such persons so confined or of 
others who have been apprehended & since admitted to Bail &c 
And it appearing more convenient, that such Person or Persons 
in each County should be appointed by the Council only, it is 
therefore 

Resolved that the Honble Council be & they are hereby im- 



[3d Sess.] Resolves, etc. — ■ 1777-78. 183 

powered to appoint in each County some Person or Persons to 
execute the Business for which they are to be appointed, agreably 
to the before-cited Resolve any thing in said Resolve for their being 
otherwise appointed notwithstanding. [Passed October 21. 



CHAPTER 468. 

RESOLVE DIRECTING THOMAS CRANE TO PROSECUTE THOMAS 
HARLING FOR BREACH OF CONTRACT. 

Whereas it has been Represented to this Court by Tho' Crane Legislative 
Esq, one of the Committee appointed to Build a Powder-Mill for counc'r^*^^ 
the Use of this State, that one Thomas Harling contracted with ^p"^"' • ^^O- 
Said Committee to build & Compleat a Powder-mill for the pur- Archives, 

pose afforesaid, and that Said Harling hath not, fulfilled the Con- °^^'^' ^^^' 

tract on his part, and Still Neglects and Refuseth to Comply with 
it, to the Great Dammage of the Public. Therefore 

Resolved, that Said Thomas Crane Esq' be, & he is, hereby 
directed to prosecute Said Thomas Harling, in the Next Inferior 
Court of Common Pleas to be Holden in and for the County of 
Suffolk, & to final Judgment & Execution, for a Breach of his 
Contract Provided Said Harling doth not Immediately Compleat 
Said Powder-Mill, agreeable to Said Contract and the Committee 
are hereby Impowered to make such further allowance to the s*^ 
Harling or his workmen in Case he Compleats his Contract as 
they shall think reasonable. [Passed October 21. 



CHAPTER 469. 

RESOLVE FOR PAYMENT OF WILLIAM BAKER, MESSENGER TO 
THE GENERAL COURT. 

On the Petition of William Baker, Praying for an Allowance Legislative 
for his Extra-Services as the Messenger of this Court. Coundf °^ ^^^ 

Resolved, that there be allowed and paid out of the Public xxxviii.,'i4Q. 
Treasury to the said William Baker for his Services the present 
year Two hundred Pounds And that he receive the said Sum in 
Quarterly Payments. [Passed October 22. 



CHAPTER 470. 

RESOLVE IMPOWERING THE EAST PRECINCT IN POWNALBOROUGH 
TO CHOOSE A COLLECTOR OF TAXES. 

Resolved, That the East precinct in the Town of Pownalborough, Legislative 
be and hereby is impowered to Call a Meeting of The freeholders Records of the 
and other Inhabitants of s** precinct, [(JQualified by Law to Vote xxxviii.,' ho. 
in Town affairs) to Choose a Collector in the Stead of Roger Smith Archives, 
who was Chosen by s" precinct in March AD 1775 One of the ccxv.. 476. 
Collectors of s*^ Precinct and who afterwards Refused to Serve, 
hereby fully impowering Such Collector who Shall be Chosen at 
S*^ Meeting in Stead of S'' Smith, to Collect all Such Taxes as 
remain uncollected by Reason of the S'* Smith's Refusing to Serve; 
And to do all Other Matters which A Collector Chosen at the 
Anual Meeting in the Month of March Might legally do. [Passed 
October 22. 



184 



Resolves, etc. — 1777-78. [Chaps. 471-473.] 



CHAPTER 471. 



Legislative 
Records of the 
Council, 
xxxviii., 141. 



RESOLVE ON THE PETITION OF JOSEPH WEBB. 

On the Petition of Joseph Webb, Praying allowance for Canon 
taken into the use of the State. 

Resolved That there be paid out of the Treasury of this State to 
Joseph Webb, the Sum of fifty eight pounds and four pence, in full 
Satisfaction for five Double fortified Nine pound Canon and four 
Canon four Pounders, which said Webb sent out of Boston for the 
use of this State and which were employ'd during the Siege of 
Boston. [Passed October 22. 



CHAPTER 472 



Legislative 
Records of the 
Council, 
xxxviii., 142. 
Mass. 
Archives, 
ccxv., 474. 

Mass. 
Archives, 
cxlu., 112. 



RESOLVE IMPOWERING THE COUNCIL TO TRANSMIT TWO MONTHS' 
PAY TO IMPRISONED OFFICERS. 

Whereas it is necessary, that the officers belonging to this 
State, who are now, or may be hereafter, prisoners with the enemy, 
should be supplied with hard money; it is therefore 

Resolved that the Board of War be, & they hereby are, em- 
powered & directed to furnish, in the best manner they can, the 
Treasury of this State with two hundred pounds in hard money. 

And it is further 

Resolved that the Council be, & they hereby are, empowered & 
requested to transmit, as soon as possible, by express or other- 
ways, to each & every officer in the land service, belonging to this 
State & now prisoners either at New York or Long Island, two 
months pay agreeable to the Continental establishment for 1776. 
in hard money; and afterwards, from time to time as often as it 
shall become due & the Council think proper, one month's pay in 
sum & quality as afores** to each & every officer as afores'^ who 
shall be then prisoners at the afores*^ places; & acquaint Gen' 
Washington therewith, to the end that the said money may be 
deducted from their several rolls, when they shall be presented for 
payment; & the treasurer is hereby directed to charge all such 
warrants to the Continental accounts. [Passed October 22. 



Legislative 
Records of the 
Council, 
xxxviii., 142. 
Mass. 
Archives, 
ccxv., 472. 

Mass. 
Archives, 
ccxv., 471. 
Legislative 
Records of the 
Council, 
sxxviii., 141. 



CHAPTER 473. 

RESOLVE PROVIDING FOR THE CELEBRATION OF THE SURRENDER 
OF GENERAL BURGOYNE. 

The Committee of both Houses appointed to Consider Some 
suitable manner of Celebrating the Important & Compleat Con- 
quest of the American Army over the British Forces in the North- 
ern department beg leave to report by way of Resolve 

Benj'^ Austin ^ order 

Whereas we have received Authentick Intelligence of the defeat 
& surrender of Gener' Burgoin & his Army to our Forces under 
the Command of Gen' Gates, and whereas such an Important 
Event & remarkable appearance of Divine providence in favor of 
this and the United States calls for an imediate acknowledgment 
of Gratitude Praise and Thanksgiving: therefore 



[3d Sess.] Resolves, etc. — 1777-78. 185 

Resolved that the Rev** Docf" Cooper Chaplain to the Gen' Court 
now setting, be & he is hereby desired to Attend the Court at 
the old Brick meeting House to morrow at 11 o'Clock A.M: to 
acknowledge the Divine Goodness & to offer by Prayer a tribute 
of Praise & Thanksgiving to Him who Governs the Universe, & 
whose is the Glory & the Victory. And that the Reverend Doctor 
Chauncy be also desired to preach a Sermon Suitable to the 
Occasion that the cofnand^ officers at each of the Fortresses at 
Castle Island & Fort Hill be and hereby are directed to Fire Each 
thirteen Cannon at one o'Clock. 
In Council 

Read and Accepted and 

Ordered that Benj^ Austin Esq'' with such as the Hon'ble House 
shall appoint be a Committee to wait upon the Rev** Doct" 
Chauncy & Cooper for the Purposes mentioned in the above 
Resolve. 

In the House of Representatives 

Read and Concurred & M"^ Niles & M' Jeffers are joined. 
[Passed October 22. 



CHAPTER 474. 

RESOLVE APPOINTING JOHN SWITCHER AN APPRAISER OF SEQUES- Legislative 

TERED GOODS. Records of the 

Council, 
xxxviii., 143. 

Resolved that John Switcher be & he is hereby appointed one of Mass. 
the appraizers of the sequestered goods in the room of M' William ccxv., 475. 
Bant excused. [Passed October 22. 



CHAPTER 475. 

RESOLVE DIRECTING THAT SCHEDULES OF ABSENTEES' EFFECTS 
BE LODGED IN THE SECRETARY'S OFFICE. 

Resolved that the Select Men and Committes of Corispondence Legislative 
Safty and Inspection in the Several Towns and Plantations in this coundf °^ '^^^ 
State, be directed to lodge in the Secretarys Office, by the Second xxxviii.,' 143. 
Tuesday of the Next Session of this Court, a particular Scedule of Archives, 
all Such articles they had or now have in their possession in their ccxv., 476. 
respective Towns or Plantations, which may have been left by 
persons, who did flee to our Enemies whilst in the Town of Boston, 
or have since fled to them for protection, particulariseing the goods 
belonging to Each person, and also an account of the Several 
articles of Either live stock or goods belonging to Such persons 
they have disposed of, and also an account of the Money ariseing 
from Such Sales. [Passed October 22. 



CHAPTER 476. 

RESOLVE ON THE PETITION OF PATIENCE ROGERS. 

Wheaeas Patience Rogers in bar Petition hath Sat forth the Legislative 
Situation of har Husband Clark Rogers who is Suspected to be coundf °^ *^^ 
Inamical to the States of Amarica xxxviii.,' 144. 

Resolved that the Committee of Coresspondence &c of the Town Anfhives, 
of Hancock (If there be any Just & Suficent Reason for Com- ccxv., 478. 



186 



Resolves, etc. — 1777-78. [Chaps. 477-479.] 



plaint) be and they are here by Directed to proceed With Said 
Clark Rogers by entering a Complaint to some Justice or Justices 
of the Peace for the County of Berkshire, who are here by Directed 
in that Case to grant a warrant to aprehend Said Rogers and to 
proceed With him as the Laws of this State direct. [Passed 
October 22. 



CHAPTER 477. 



Legislative 
Records of the 
Council, 
xxxviii., 144. 
Mass. 
Archives, 
ccxv., 479. 



RESOLVE APPOINTING A COMMITTEE TO EXAMINE THE RETURNS 
MADE BY COMMANDING OFFICERS OF THE MILITIA REGIMENTS. 

Resolved That M' Sergeant, M' Partridge & M' Niles be a Com- 
mittee to examine the Returns made by the Commanding officers 
of the several Regiments of Militia in this State, and report to the 
Council those officers who have either neglected to make any Re- 
turns, or who have made such as are Incompleat, and also a list 
of such towns as have not compleated their quota of the Conti- 
nental Army, and of such men as have been returned in different 
towns, and the Hon'''" Council are hereby vested with all the 
Powers of this Court till the next meeting thereof, to use any 
measures which they shall judge expedient to obtain a full Com- 
plyance with the Resolve of this Court of the 15"^ of Aug'' last for 
this Purpose provided; and they are requested to pay particular 
Attention to this Object, and to require compleat Returns where 
such are wanting as soon as may be. 

And the Hon'''" Council are also requested to use competent 
Measures to bring into Camp immediately any Soldiers that have 
enlisted into the Continental Army, or been drafted & have not 
yet joyned the same. [Passed October 22. 



Legislative 
Records of the 
Council, 
xxxviii., 145. 



CHAPTER 478. 

RESOLVE ON THE PETITION OF ELIZABETH PARKER. 

Upon the Petition of Elizabeth Parker from Machias, praying 
some relief for herself and three Children under her distressing 
Circumstances occasioned by the Enemy's plundering her Dwell- 
ings and burning a Grist-Mill, and also by being in very ill health. 

Resolved That there be paid out of the Treasury of this State, 
the Sum of Twenty Pounds to Elizabeth Parker in order to relieve 
her and her Children under their unhappy Circumstances. [Passed 
October 23. 



CHAPTER 479. 



Legislative 
Records of the 
Council, 
xxxviii., 146. 
Mass. 
Archives, 
ccxvi., 2. 



RESOLVE AUTHORIZING OFFICERS OF CONTINENTAL REGIMENTS 
TO PUNISH DELINQL^NT SOLDIERS. 

W^HEREAS it may be necessary for sometime to come to keep a 
Continental Army within this State for the safety of the same and 
it being necessary that said Army should be governed by the Rules 
and regulations Prescribed by the Continental Congress. And doubts 
may arise whether the Officers commanding said Army have aright 
to Inflict punishment on Offenders against said Rules & Regulations 
while within this State Therefore 

Resolved that the Several Commanding Officers of the Conti- 



[3d Sess.] Resolves, etc. -— 1777-78. 187 

nental Troops that now are or that may hereafter be within this 
State, be and they hereby are impowered and directed while with- 
in this State to inflict such punishment on all delinquents in the 
Corps aforesaid as they are Authorized to inflict on delinquents 
by the Continental Rules and regulations aforesaid; their being 
within the State of Massachusetts Bay notwithstanding untill the 
further order of this Court. [Passed October 23. 



CHAPTER 480. 

RESOLVE ALLOWING £300 TO THOMAS CRANE FOR THE MANU- 
FACTURE OF POWDER. 

Resolved that there be paid out of the Public Treasury of this Legislative 
State to Thomas Crane Esq"" the Sum of Three hundred Pounds, council. °^*^'' 
in order to enable him to carry on the Manufacturing Powder at .xxxviii., i47. 
the State-Powder-Mill at Stoughton; He to be accountable to the 
General Court for the Same. [Passed October 23. 



CHAPTER 481. 

RESOLVE DEFINING THE BOUNTY ON SALT. 

Whereas Disputes have arisen & may arise whether y^ Bounty Legislative 
granted on salt by a Resolve of the fourth of July last was in- co^df, °^ "^''^ 
tended to extend to such Salt as has been or may be sold for more JP,^'"- ^^'^■ 
than the price which was by law established as the price of Salt Archives. 
manufactured in this State at the time of Granting s** Bounty it is ''"^^'•' ^" 

Resolved 

That s^ Bounty on salt granted by s*^ Resolve of the fourth of 
July last was intended & shall be construed to extend only to such 
salt as is manufactured in this State and sold for Cash at the price 
established by Law at the Time of [passing]^ s*^ Resolve. [Passed 
October 23. 



CHAPTER 482. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF 
LINCOLN COUNTY. 

Whereas it appears upon examination of the county Treasurer's Legislative 
Accounts for the county of Lincoln that all the Moneys granted Records of the 
and allow'd by the Court of General Sessions of the Peace for said xxxviii.,' i48. 
county from Sep"" 1772 to June 1774, were for such purposes and Archives, 
appropriations as the Law empowered the said Court to grant and ccxvi., 3. 
the Ballance due to the County is One hundred Sixty pounds four 
shillings & three pence Therefore 

Resolved That the said Account be allowed. [Passed October 23. 

• Inserted from Legislative Records of the Council. 



188 



Resolves, etc. — 1777-78. [Chaps. 483-486.] 



CHAPTER 483 



Legislative 
Records of the 
Council, 
xxxviii., 148. 
Mass. 
Archives, 
ccxvi., 5. 

Mass. 
Archives, 
OCX v., 480; 
ccxvi., 6-9. 



RESOLVE DIRECTING THE BOARD OF WAR TO SELL SALT TO 
CHARLES PHELPS. 

Resolved that the Board of War be & they hereby are directed 
to deliver to Charles Phelps Esq"" Two hundred bushels of Salt for 
the use of the Inhabitants of the towns of Brattleborou[gh] New 
Marlborough Fullam Guilford Townsend, and Cumberland, he pay- 
ing for the Same the Curre[nt] Price. [Passed October 23. 



Legislative 
Records of the 
Council, 
xxxviii., 149. 
Mass. 
Archives, 
ccxvi., 10. 

Mass. 
Archives, 
cLxvii., 365. 
Legislative 
Records of the 
Council, 
xxxviii., 116. 
Love's Fast 
and Thanks- 
giving Days of 
New England, 
p. 503. 



Legislative 
Records of the 
Council, 
xxxviii., 150. 
Mass. 
Archives, 
clxxxiii., 258a. 

Mass. 
Archives, 
clxxxiii., 258. 



RESOLVE 



CHAPTER 484. 



DESIRING THE COUNCIL TO ISSUE A PROCLAMATION 
FOR A DAY OF THANKSGIVING. 



Resolved That the Hon^ Council be & they are hereby desired to 
issue a proclamation appointing the twentyeth Day of November 
next as a Day of publick Thanksgiving & prayer, & in such stile & 
manner as shall appear to them eligant & proper at a time when 
the Circumstances of this state & those of the United States are 
so peculiarly favourable as to demand very particular & devout 
asscriptions of praise & adoration to the Supreme Being whose 
kind providence has distinguished us with Remarkable Instances 
of his favour, [Passed October 2^. 



CHAPTER 485. 

RESOLVE DESIRING THE COUNCIL TO APPOINT A COMMANDER 
FOR THE BRIGANTINE MASSACHUSETTS IN ROOM OF CAPT. JOHN 
FISK, RESIGNED. 

Resolved that the Honb''''' Council be and they are hereby 
desired to appoint another commander for the Brig' Massachusetts 
in the Room of Capt Fisk resigned paying due observance to the 
Rank & standing of those already in the service of this State: And 
Capt Fisk has the thanks of this Court for his fidelity and ap- 
proved conduct in his late command. [Passed October 24- 



CHAPTER 486 



Legislative 
Records of the 
Council, 
xxxviii., 150. 
Mass. 
Archives, 
ccxvi., 12. 

Mass. 
Archives, 
ccxvi., 12§. 



RESOLVE ON THE PETITION OF SAMUEL FOSTER SUSPENDED. 

Resolved That the Resolve of this Court at y'' present session 
permiting Sam' Foster to return home be suspended 'till the Hon' 
Council shall have evidence that he may return consistent with y* 
peace & safety of the Publick. [Passed October 24- 



[3d Sess.] Resolves, etc. — 1777-78. 189 



CHAPTER 487. 

RESOLVE PROVIDING FOR PAYMENT OF CAPT. SOLOMON WALKER, 
CAPT. STEPHEN HODSDON AND OTHERS. 

On the Petition of Col" William Jones, in behalf of Captain Legislative 
Solomon Walker and Captain Stephen Hodsdon, and Seventeen Councif, 
private Soldiers who were present and active in the Re-capture of xxxvm., i5i. 
the Mast-Ship Gruel, lately taken at Sheepscut Praying the same 
allowance as was made to others concerned in retaking said Vessel. 

Resolved, That there be paid out of the Treasury of this State to 
Colonel William Jones Four pounds for the use of Captain Walker; 
Four pounds for the use of Captain Hodsdon and Two pounds for 
the use of each Man borne on their several Rolls being in Number 
Twenty three Men, the several Sums amounting in the whole to 
Fifty four pounds, in consideration of their Services in retaking 
and Securing the Mast-Ship Gruel. [Passed October 24- 



CHAPTER 488. SSthe 

Council, 
xxxviii., 151. 
RESOLVE ON THE PETITION OF WILLIAM PERRY. Mass. 

Archives, 
clxxxiii., 256. 



On the Petition of William Perry praying leave to visit his 
Friends and Relations in England. Archives, 

Resolved that this Petition be referred to the hon^ Council to act 25^"' 
thereon as to them shall seem fit. [Passed October 24' 



CHAPTER 489. 

ORDER ON THE PETITION OF WILLIAM GARDNER. Legislative 

Records of the 

On the Petition of William Gardner of Gardnerston in the xxxviii.,' 151. 
County of Lincoln Praying to be relieved from the Sentence of a Ar^chives, 
Special Court of Sessions of the Peace, held at Pownalborough in ccxvi.. 212. 
the County aforesaid. Mass. 

Ordered That the Honb'*^ Council Act thereon as to them may cxiii., 113'; 
seem fit. [Passed October 2'^. ccxvi.. 188-214. 



CHAPTER 490. 

RESOLVE DIRECTING THE APPOINTMENT OF SAMUEL BENJAMIN 
AS AN ENSIGN IN COL" JACKSON'S REGIMENT. 

Resolved That the Resolve of this Court of the fourth of October Legislative 
instant ordering pay and a Discharge to Ensign Benjamin be and c^^cif °^ ^^^ 
it is hereby repealed and made void, and it is further xxxviii.,' isi. 

Resolved, that the Comm^*^ for Commissioning this States Quota of A^cMves, 
Officers of the Continental Army be & they are hereby ordered to ^^^^' ' ^^- 
Commission the s** Benjamin an Ensign in Col° Michael Jacksons 
Reg'. [Passed October 24- 



190 



Resolves, etc. — 1777-78. [Chaps. 491-493.] 



CHAPTER 491 



Legislative 
Records of the 
Council, 
xxx\'iii., 152. 
Mass. 
Archives, 
ccxvi., 13. 



RESOLVE DIRECTING THE COMMITTEES OF CORRESPONDENCE, 
ETC., TO PAY TAXES LEVIED ON REFUGEES' ESTATES. 

Whereas it appears to this Court that the Estates of Refugees 
were taxed in Several Towns in this State where such Estates lay 
in the Year 1774 and 1775 & the Lists of such Assessments were 
delivered to the Collectors of s** Towns. 

And whereas in some Instances the Collectors Have Not been 
able to collect the same Notwithstanding that there are Effects 
in the Hands of the Com'^^^ of the Towns where such Estate lies 
more than Sufficient for that Purpose Therefore 

Resolved that the Comm"''" of Correspondince &c of the Several 
Towns in this State be & hereby are directed to pay The several 
Taxes Levied on the Estates of the s*^ Refugees out of the Monies 
in their Hands arising from the Sale of the personal Estate of the 
s*^ Refugees respectively or the Monies arising from the Rents of 
said Estates. [Passed October 24- 



CHAPTER 492 



RESOLVE ON THE PETITION OF THE SELECTMEN OF PLYMOUTH. 



Legislative 
Records of the 
Council, 
xxxviii., 149. 
Mass. 
Archives, 
ccxvi., 11. 



The committee on the Petition of the selectmen of Plymouth 
Seting fourth severil mestakes in the return made by them of the 
number of male Inhabitants from sixteen years old and upwards 
beg Leave to report the following resolve (Viz) 

Resolved that the petition from the selectmen of Plymouth be 
Loged with the return of the male Inhabitants from S** town and 
be Considered by the Committe appointed to examine the returns 
from the severil towns 

In the House of Representatives 

Read & Accepted 
In Council 

Read & Concurred. [Passed October 24- 



CHAPTER 493. 



RESOLVE ON THE PETITION OF CLARK LINNEKEN. 



Legislative 
Records of the 
Council, 
xxxviii., 150. 



On the Petition of Clark Linneken, 

Resolved that the said Petitioner serve William M*Cobb, Esq"' 
with a Copy of this Petition, and this Order thereon, that he may 
make answer in Writing if he thinks proper, at the next Meeting of 
this Court, why the Prayer of said Petition shall not be granted 
And in the mean time, said M'Cobb is hereby permitted, if he 
shall judge it expedient, to admit the said Petitioner to Bail on 
sufficient Sureties. [Passed October 24. 



[3d Sess.] , Resolves, etc. — 1777-78. 191 



CHAPTER 494. 

RESOLVE ASSIGNING QUARTERS FOR THE BURGOYNE PRISONERS, 

ETC. 

Rrsohcd that the Troops under Gen' Burgoyne be quarter'd in Legislative 
the Barracks on Prospect & Winter Hills & such others as a Com- coundr^ 
mittee of both Houses hereafter to be appointed shall judge most ^^g"'- '^^• 
safe, retired & easily guarded & that they obtain suitable Houses Archives, 

for the Gen' Officers & proper Rooms for the other Officers of ''"''^•' ^^' 

Rank the foreign Troops to be kept seperate from the British as Aref-^es, 
far as practicable; Both Officers & Soldiers to be prevented coming ccxvi , m. 
into the Town of Boston or on this Side Charlestown Neck & the Rerards'olthe 
Committee afores"* are directed to fix such Limits for the Restraint Sv""'?^''',,,. 
of [Officers]^ & Soldiers as may secure the public from any ill 
Consequences so far as may be consistent with a strict Fulfillmt 
of the Convention. 

That the Representatives of the Town of Boston be a Commit- 
tee impowered to afPord all such Assistance to Gen' Heath in the 
procurement of Fuel by Insurance or otherwise as they shall judge 
will best favour the public Interest; that every Vessell coming from 
the Eastw** for this purpose be furnished with a pass sign'd by 
Gen' Heath certifying that the Wood in that Vessell is for the sole 
Use of the Army with Gen' Burgoyne now Prisoners of War in the 
State of Massachusets Bay & that if she is taken that Army must 
be the Sufferers. 

And it is further 

Resolved that no Inhabitant of the United States or any other 
Person whatever shall at any Time enter the Limits assigned for 
preventing their Communication with y*" Prisoners without a 
written License obtained for that Purpose from the Council or 
Gen' Heath under Pain of military Discipline which Gen' Heath 
is hereby impower'd & requested to inflict. 

That the Comm*® aforesaid be directed to appoint a proper 
Number of Persons of Capacity and approved Fidelity, to buy & 
deliver out to the prisoners the various sorts of Provisions bro't to 
Boston Market, the Produce of this State, that they shall Need 
over and above the Rations to be supplyed by General Heath, in 
such quantities as will be needed for their Consumption while here, 
which shall be purchased with the Currency of the United States 
or some of them; to be drawn out of the Treasury by order of 
Council, & sold at the Prices given for them; and if the same is 
paid for in any part in Gold or Silver, the same shall be deposited 
in the public Treasury, to be drawn thence as the Court shall 
order; and the Persons appointed as above shall be under strict 
Bonds of such tenor as the Council shall order for a faithful dis- 
charge of their duty. Provided nevertheless that in Case the Com- 
mittee directed to Appoint a Number of Persons to buy and 
deliver out to the Prisoners Provisions, should find that mode of 
Procedure does not answer the Purpose designed or should think 
it for the Interest of the Government to discontinue it that upon 
their Representing the Matter to the Council they (the Council) 
are hereby impowered to order the Same to be discontinued 
[and]^ to make such other Regulations as they think necessary. 
That the Honb' Councill be Requested to order one Thousand 
men Including officers, & as many more as they shall find Neces- 
sary from such parts of the Militia of this State as they shall 

' Inserted from Legislative Records of the Council. 



192 



Resolves, etc. — 1777-78. [Chaps. 495, 496.] 



judge Equitable, to serve as Guards & to be under the Command 
of Gen' Heath And that John Taylor & Nathan Cushing Esq"^ 
be a Committe with such as the Hon^ House shall Join to Cary 
this Resolve into Execution, and that they advise with Gen' Heath 
touching the severall matters mentioned in the foregoing Resolve. 
In Council 

Read & Accepted 

In the House of Representatives. 

Read & Concurred & M' Gray Coll Hutchinson & M* Crane are 
joined on the part of the House. [Passed October 25, 



Legislative 
Records of the 
Council, 
xxxviii., 154. 
Mass. 
Archives, 
ccxvi., 18. 



CHAPTER 495. 

RESOLVE DIRECTING THE COM'^^^ FOR SUPPLYING THE ARMY TO 
FORWARD STORES ACCORDING TO THEIR BEST JUDGMENT. 

Whareas by a Resolve of this Court of the 17"^ of Octob' Ins* 
the Committee for Suplying The army ware ordered to send 
without delay all the Stores they then had on hand to the army 
and whareas the said Committee have represented to this Court 
that they have a Quantity of Stores at Northampton, which by 
the Late movement of the Northern army it will be Inconvenient 
to send forward, until it Can be Known whare they will be most 
wanted, it is Therefore 

Resolved that the said Committee be & they hereby are directed 
to send forward the stores they have or may have on hand in such 
Manner as they shall Judge will Most Conduce to the Comfort of 
the army any thing in the Resolve of the 17"" Ins' to the Contrary 
notwithstanding. [Passed October 25. 



CHAPTER 496. 



RESOLVE ON THE PETITION OF REUBEN STONE AND OTHERS. 



Legislative 
Records of the 
Council, 
xxxviii., 155. 
Mass. 
Archives, 
ccxvi., 16. 

Mass. 
Archives, 
ccxvi., 17. 



On the Petetion of Ruben Stone, Azubah Stone, and Jonathan 
Grout, Praying that the Said Azubah may Have Liberty to Ex- 
change with Ruben Stone a Deed, for obligations against the 
Estate of Her Deseased Husban Sardias Stone, as Set forth In the 
Petetion. 

Resolved that the Prayer of the Petetion be granted and that the 
Said Ruben Stone and Azubah Stone Have Liberty to Exchange 
the Deed, In the Hands of the Said Azubah, for the obligations In 
the Hands of the Said Ruben, against the Estate of the said Sar- 
dias, Deseased, by and with the Consent of the Said Jonathan 
Grout, Guardian to Jonathan Stone, only Heir of the Said Sar- 
dias Stone Deseased, and the Consent of the Judge of Probate for 
the County of Worcester. [Passed October 25. 



[3d Sess.] Resolves, etc. — 1777-78. 193 



CHAPTER 497. 

RESOLVE DEFINING A CONDITION OF THE BOND TO BE GIVEN BY 
PERSONS APPOINTED TO DELIVER PROVISIONS TO THE BUR- 
GOYNE PRISONERS. 

Resolved that part of the Condition of the Bond to be given by Legislative 
the Persons to be appointed to deliver the Provisions to the Army co^cii',° 
under Gen* Burgoyne be, that they shall account for and pay into ^^^^"'•' ^^^• 
the Treasury of this State on Oath (to be administer'd by some Archives, 

Justice of the peace) all the Money that shall be received in the ^^^ ' ^^' 

Course of the Business that they shall be entrusted with, whether 
it be Paper or Solid Coin. [Passed October 25. 



194 



Resolves, etc. — 1777-78. [Chaps. 498-500.] 



RESOLVES, ORDERS, VOTES, ETC. 

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

1777- 

CHAPTER 498. 



Legislative 
Records of the 
Council, 
xxsviii., 162 
Mass. 
Archives, 
ccxvi., 23. 



RESOLVE IMPOWERING THE BOARD OF WAR TO IMPORT SALT. 

Resolved That the Board of War be and they are hereby im- 
powered and directed to Use their utmost endeavours througli the 
Course of the Winter Season to import from Europe and the West 
Indies, into this State as much Salt as can be by them obtained, 
not exceeding One Hundred Thousand Bushels. [Passed Novem- 
ber 27. 



CHAPTER 499. 



Legislative 
Records of the 
Council, 
x.xxviii., 162. 
Mass. 
Archives, 
ccxvi., 24. 

Mass. 
Archives, 
clxviii., 48; 
ccxvi., 25. 
Ijove's Fast 
and Thanks- 
giving Days of 
New England, 
p. 503. 



RESOLVE DIRECTING THE COUNCIL TO PRINT AND DISTRIBUTE 
THE resolve of CONGRESS ESTABLISHING A DAY OF THANKS- 
GIVING. 

Resolved that the Honble Council of this State be & they are 
hereby desired immediately to cause the Resolve of Congress rec- 
ommending the setting apart Thursday the 18"' Day of Decem- 
ber Next for Solemn Thanksgiving & praise to be printed & sent 
to the several religious Societies through this State, And that the 
Council direct & order that said Day be observed agreably to said 
Recommendation. [Passed November 27. 



CHAPTER 500 



IjCgislative 
Records of the 
Council, 
x.\xviii., 162. 
Mass. 
Archives, 
ccxvi., 27. 



RESOLVE DIRECTING ZEBEDEE SPROUT TO STAY THE SALE OF 
JANE CLARK'S EFFECTS. 

Whereas the Agent appointed by the Judge of Probate for tlie 
County of Plymouth to administer on the Estates of the late 
Judge Oliver Doc' Peter Oliver & Miss Jane Clark hath adver- 
tized the same to be sold by public Vendue, & it not appearing 
that y" said Jane Clark was in tlie same Predicament with the 
other two Persons beforenamed, It is therefore 

Resolved That Zebedee Sprout Agent for the Aforesaid Estates 
be & he hereby is directed to stay the Sale of Jane Clarks Effects 
& keep them in his Possession untill the further Order of this 
Court. [Passed November 27. 



(4th Sess.] Resolves, etc. — 1777-78. 195 



CHAPTER 501. 

RESOLVE DIRECTING THE TREASURER TO ATTEND TO THE BUSI- 
NESS OF COLLECTOR'S OF TAXES IN PREFERENCE TO OTHERS. 

As THERE are a Number of Collectors of Publick Taxes and {f ^'®)fj*,'^7 j^ 
others in their behalf, now Waiting in Boston at the Treasurers Council, 
office that are Prevented Settling with the Treasurer by Reason Mas7." ' '^"' 
of A Number that attend said ofHce to Receive Notes in Exchange Archives 

■• 1 • ,1 mi I" ccxvi., 28. 

tor this btates money, inereiore 

Resolved that the Treasurer attend such Collectors and others in 



their behalf as aforesaid that may attend His office before the 
First Day of Decembr next in Preference to those that want His 
Notes for the States money in their Hands. [Passed November 27. 



CHAPTER 502. 

ORDER DESIRING GEN'" HEATH TO PROCURE QUARTERS FOR GEN^ 
BURGOYNE'S OFFICERS. 

The Committee of Both Houses appointed for the purposes Legislative 
Abovementioned have Conferred with Gen" Heath upon the sub- coundf,"' *^''' 
ject, who Informed them that he found it impracticable to provide J^"^'"' • "'^ 
Quarters for all the officers of y^ Army lately under the Command Archives, 

of Gen" Burgoyne in the Houses in the Town of Cambridge; That ^"^^'•' '^"^ 

he was averse to taking up either of the Colledges for that purpose Reco'd^'of th- 
if it could be prevented; That he thought it might be avoided by Council, 
Quartering some of the officers at Medford and Menotomy; Your ^'"'^"■' ^ ■ 
Committee are therefor of opinion, as less Inconvenience & Ex- 
pence will x\rise from quartering some of the officers at Medford 
and Menotomy than by taking up one of the Colledges for that 
Purpose, that it will be best to desire Gen" Heath to procure 
Quarters for such officers, as are not yet Provided for, at those 
places, all which is humbly Submitted. 

T CusHiNG <g» order 
In Council. 

Read and Accepted & thereupon 

Ordered that Gen" Heath be and hereby is desired to procure 
quarters for such officers as are not as yet provided for at Medford 
& Menotomy agreable to y*^ above report. 
In the House of Representatives 

Read & Concurred. [Passed November 28. 



CHAPTER 503. 

APPOINTMENT OF DAVID BARKER AS ADJUTANT OF THE 4'^" Legislative 

CUMBERLAND COUNTY REGIMENT. Records of the 

Council, 
xxxviii., 164. 

In the House of Representatives Mass. 

The House made choice by Ballot of David Barker as an Adju- ccxvi., 31'. 
tant to the fourth Regiment of Militia in the County of Cumber- Mass. 
land. Archiv^ 

ccxvi., 32. 

In Council 
Read & Concurred. [Passed November 28. 



196 



Resola-es, etc. — 1777-78. [Chaps. 504-506.] 



CHAPTER 504 



RESOLVE DIRECTING THE COMMITTEE OF SEQUESTRATION TO 
DELIVER SUNDRY ARTICLES TO AMASA DAVIS, COMMISSARY, 
FOR THE USE OF GEN'' REIDESELL. 



legislative 
Records of the 
Council, 
xxxviii., 164. 
Mass. 
Archives, 
ccxvi., 33. 

Mass. 
Archives, 
ccxvi., 34, 344. 



Upon Application made in Writing by Amasa Davis Commis- 
sary, at the Desire of General Reidesell, requesting the Loan of 
sundry Articles of House Furniture out of the pubHc Store, for the 
Use of which the said General was willing to pay: 

Resolved that the Request of the said Amasa be complied with, 
& the Committee of Sequestration are hereby directed to furnish 
the said Amasa, for the purpose abovementioned, with the several 
Articles agreable to the List by him exhibited, if such they have 
under their Care, Viz' Two & half dozen Chairs one large Break- 
fast Table four middle Tables one Xight Chair two Bed steads 
with Beds two Looking Glasses one Tea board two Bureaus & one 
large w^ater Kettle all which Articles the said Amasa is hereby 
directed to return in good Order & in proper Season to the said 
Committee of Sequestration in Boston. [Passed November 28. 



CHAPTER 505. 



RESOLVE PROVIDING THAT THE MILITIA DETACHED TO GUARD 
THE BURGOYNE PRISONERS SHALL BE SUBJECT TO THE RULES 
AND REGULATIONS PREVIOUSLY ESTABLISHED. 



Legislative 
Records of the 
Council, 
xxxviii., 165. 
Mass. 
Archives, 
ccxvi., 35. 



Whereas on the Sixteenth of August last a Resolve passed the 
General Court in the words following viz 

Resolved that all such persons as have been or shall hereafter be 
detached from the militia of this State for the purpose of keeping 
guards as aforesaid, shall be Subject to and Governed by the rules 
& regulations provided for the Government of the forces in the 
Service and pay of this State; and the Continental General Com- 
manding in this State, is hereby impowered to appoint General 
Courts Martial, and to approve or disapprove of the Sentences of 
such Courts Martial as he shall Judge Just and Equitable, accord- 
ing to the aforesaid rules & regulations. And a doubt has arisen 
whether the said Resolve Extends to and Includes that part of the 
Militia which has been detached as Guards for General Burgoynes 
Army now Prisoners at Prospect and Winter Hills Therefore 

Resolved that the above recited Resolve of the Sixteenth of 
August be and hereby is Extended to all such Militia as are or 
shall be detached as Guards, and shall be Considered as included 
in the said Resolve as fully as though they had been Expresly 
mentioned in the same. [Passed Xovcmbcr 2S. 



CHAPTER 506. 



Legislative 
Records of the 
Council, 
xxxviii., 165. 
Mass. 
Archives, 
ccxvi., 36. 



RESOLVE APPOINTING A COMMITTEE TO ASSIST SAMUEL ALLYXE 
OTIS IN PROCURING CLOATHING FOR THE ARMY. 

Whereas by a Resolve of the Honb Congress of the twelfth of 
Nov"" Instant the General Assembly of this State are requested to 
afford to Samuel Allen Otis Esquire the Agent of the Cloathier 
General in this State, the Necessary assistance for procuring & 



[4th Sess.] Resolves, etc. — 1777-78. 197 

having made up for the Army the cloathing mentioned in a Letter Mass. 
from Major General Heath to the Hon* Congress. It is therefore ccxvirii. 
Resolved that Azor Orn, Esq' Capt. Ebenezer Wales and M' Province 

-_ T^ 1 11 11 -jI 'ji ^ Laws, XIX., 500, 

Moses l-'raser be and they are hereby appomted a comittee to chap. 173. 
advise said Agent & to afford him all the assistance in their power 
in enabling him to procure said cloathing on the most reasonable 
Terms they can be obtained and that they be directed to attend 
on said Business immediately. {Passed November 28. 



CHAPTER 507. 

RESOLVE DIRECTING THE COMMITTEE THAT DISPOSED OF HORSES, Legislative 

ETC., TO PAY THE NET PROCEEDS INTO THE TREASURY. Records of the 

Council, 
xxxviii., 104. 

Resolved that the Sum of forty two pounds two Shillings being Archives 
the neat proceeds of the Sale of Horses and Carriages, imploy** to cxUv., 404a. 
Convey Indians from hence to Gen" Washington, be paid in to the Mass. 
publick Treasury of this State, by the Committee Appointed for 4hv!,^403, 404. 
that purpose, they takeing duplicate receipts for the Same, one of 
which to be lodged in the Secretarys Office. [Passed November 29.^ 



CHAPTER 508. 

RESOLVE DIRECTING MAJ. GEN'" HANCOCK TO APPOINT A COURT- 
MARTIAL TO TRY BRIG. GEN"- PALMER. 

Whereas it appears by the Report of a Court appointed by the Legislative 
States of the Massachusetts-Bay, Connecticut and Rhode Island, coundf, °^ '^^^ 
to enquire into the Causes and Grounds of the Failure of the ??^'^"- ^^'^■ 
late intended Expedition against the Enemy at Rhode Island, con- Archives, 

vened at Providence Nov' 12"' 1777; That Joseph Palmer Esq' who '^'^'^^'- ^°- 

was appointed and acted as a Brigadier General of the Militia 
of this State in that Expedition, is accused of Disobedience of 
General Spencers Orders of the Ninth & Fifteenth of October last, 
& of neglect of Duty therein, particularly in not assembling and 
embodying his Brigade on the Sixteenth of y'^ same October, agre- 
able to the said General Order of the Fifteenth, by Reason of 
which Neglect and Disobedience, the said intended Expedition is 
said to have failed. Therefore 

Resolved that the Hon'''*' Major General Hancock be and he 
hereby is directed to Order and appoint a General Court Martial 
to try the said Brigadier Palmer for his Neglect and Disobedience 
aforesaid, & adjudge thereon according to the Articles of War, & 
the Rules and Regulations for the Militia of this State. [Passed 
November 29. 



CHAPTER 509. 

RESOLVE ON THE PETITION OF REV. ZACHARIAH MAYHEW AND 
REV. GIDEON HAWLEY. 

On the joint Petition of Zacheriah Mayhew of Chilmark in Legislative 
Dukes' County and Gideon Hawley of Mashpee in the County of Council, 
Barnstable ^2st"" ^^^' 

Resolved That the Assessors of the Towns of Chilmark & Mash- Archives, 

ccxvi., 43. 



1 This date is November 28 according to Legislative Records of the Council. 



198 



Resolves, etc. — 1777-78. [Cil\ps. 510, oil.] 



pee respectively, abate & remitt the whole Tax assess'd on the 
Rev** Zachariah Mayhew & the Rev'' Gideon Hawley Missionaries 
to the Indians they having heretofore been exempted from public 
Taxes by Virtue of their sacred Office in which they still continue 
to be faithfull Servants. [Passed December 1} 



Legislative 
Records of the 
Council, 
xxxviii., 168. 
Mass. 
Archives, 
ccxvi., 46. 



CHAPTER 510. 

RESOLVE FOR RAISING GUARDS TO SERVE IN AND ABOUT BOSTON. 

The Committee of both Houses appointed to Consider what is 
Proper to be Done for Supplying the places of the Melitia that 
were Called in to Man the Forts in & about the Harbor of Boston 
and to Serve as Guards to the Continental Stores, take Leave to 
Report by way of Resolve which is Submitted 

D Davis ^ order. 

Resolved that there be Imediatly Detached from the Brigade in 
the County of Suffolk under the Command of Brigadier Lovell 
Including the alarm List one major one adjutant three Cap** Eight 
Subalterns fifteen Sergants twenty four Corporals four Drumers 
two fifers & two Hundred & twenty men to Serve as Guards in the 
Towns of Boston Cambridge Medford Charlestown & Dotchester, 
until the First day of March unless Sooner Discharged to be under 
the Command of the Hon' General Heath and to be allowed the 
Same pay & Rations as the Troops Serving in the Several Conti- 
nental Regiments are allow** & paid 

viz from the Boston Regiment one Hundred men and the Re- 
mainder, being one Hundred & twenty men, from the other Regi- 
ments in Said County and the Council of this State are hereby 
Desired to Issue their orders to the Brigadier of the Said County 
of Suffolk that he Imediatly Cause two Hundred and twenty men 
to be detach** from his Brigade in the manner & for the Service 
aforesaid, and also that he appoint from Such Regiments & Com- 
panys as he Shall Judge Proper one Major one adjutant three 
Captains Eight Subalterns fifteen Sergants twenty four Corporals 
four Drumers & two fifers for the service aforesaid. 
In the House of Representatives 

Read & Accepted. 
In Council 

Read & Concurred. [Passed December 2. 



CHAPTER 511. 



Lceislative 
Records of the 
Council, 
xxxviii., 169. 
Mass. 
Archives, 
ccxvi., 47. 

Mass. 
Archives, 
ccxvi., 48, 49. 



RESOLVE ALLOWING HALF PAY TO HENRY RELAY. 

On the Representation of John Lucas Commisary of Conti- 
nential Pinsioners in behalf of Henry Relay Late a Soldier in Col" 
Brooks Rigem' & Cap' John Waltons Comp^ who was wounded the 
28'" of Oct^ 1776. 

Resolved that the said Henry Relay is Intitled to half pay, to 
Commence from the 27"* of Novemb' 1776. [Passed December 2. 

' This date is according to Legislative Records of the Council. 



[-tTii Sess.] Resolves, etc. — 1777-78. 199 



CHAPTER 512. 

RESOLVE ADJOURNING THE COURT OF GENERAL SESSIONS OF 
THE PEACE AND INFERIOR COURT OF COMMON PLEAS IN PLYM- 
OUTH COUNTY. 

Whereas the Attendance of all the Members of the General k'^^'^'f '''? .. 

/-^ ' rt • ^ ■.•• Pii-i 1 Records of the 

Court IS Required at the present Situation or publick Affairs, and Council, 
many of them have Business that requires their Attendance at the m^^s" ' 
Court of General Sessions of the Peace & Inferiour Court of Com- ^/jf^l'i'^'44 
mon Pleas to be holden at Plimouth within & for the County of 



Plimouth on the second Tuesday of December Instant, therefore Ar'^chives, 
Res"^ That the said Court of General Sessions of the Peace & ccxvi, 45. 
Inferiour Court of Common Pleas by Law to be holden at Plim- 
outh within & for the County of Plimouth on the second Tues- 
day of December Instant, shall be held at Plimouth on the Third 
Tuesday of April next, and that all Writs, processes & Recogni- 
zances returnable to & all appeals made to the said Court of 
General Sessions of the Peace & Inferiour Court of Common Pleas 
appointed by Law to be holden at Plimouth, and all Matters 
Causes & things that have day or that might have been had 
moved or done at in or by the said Courts at the time so ap- 
pointed for holding the same, shall be returnable to & may be 
entered prosecuted had, mo\ed & done at, in & by the said Courts 
at the time hereby appointed for holding the same, And the sec- 
retary is hereby directed to publish tliis Resolve in next Thursdays 
and Mondays News papers. [Passed December 2. 



CHAPTER 513. 

RESOLVE DIRECTING DISCHARGE OF MEN STATIONED AT MERRY- 
CONEAG NECK AND SEBASCO DEGIN ISLAND. 

Resolved That the Honb. Council be & hereby are desired to Legislative 
give Orders for discharging the eight Men stationed on Merry- ^ouncif °^ **^ 
coneag Neck & Sebasco Degin Island in the County of Cumber- xxxviii.'ivi. 
land, who were inlisted agreeable to a Resolve of y" 24"' June last, ah-Mvcs, 
it appearing to this Court unnecessary to continue them longer in fcxvi.. 53. 
Service than the seventh instant. [Passed December 2. 



CHAPTER 514. 

RESOLVE ON THE PETITION OF ELIZABETH ROSS. 

On the Petition of Elizabeth Ross of Falmouth in the County Legislative 
of Cumberland, praying that the Committee of Gorham may be Counc'f, °^ ^''^ 
directed to deliver her a Silver Cup and Tankard which were xxxviii.,'171. 
taken from her House sometime in or about the Month of May Archives, 
1775 and now in the hands of said Committee by order of the ^<'''^' • s*^ 



General Court Archves 

Resolved That the Prayer of said Petition be so far granted as ccxvi., 51. 
that the said Committee of Gorham be and are hereby directed to 
deliver to the said Elizabeth Ross or to her Order the said Silver 
Cup, to remain in her hands until demanded of her by Edward 
Tyng mention'd in her Petition or by his legal Representative, she 
giving said Committee a Receipt therefor. [Passed December 2. 



200 



Resolves, etc. — 1777-78. [Chaps. 515, 516.] 



CHAPTER 515 



I.egislative 
Records of the 
Council, 
xxxviii., 172. 
Mass. 
Archives, 
ccxvi., 55. 



RESOLVE ADJOURNING COURT OF GENERAL SESSIONS OF THE 
PEACE AND INFERIOR COURT OF COMMON PLEAS IN BRISTOL 
COUNTY. 

Whereas the attendance of all the members of the Generall 
Court is Required at the present Situation of publick affairs, And 
many of them having Business that requires their attendance at 
the Court of Gen" Sessions of the Peace & Inferiour Court of Com- 
mon Pleas to be holden at Taunton within and for the County 
of Bristol on the third Tuesday of December Instant, therefore 

Resolved that the s** Court of General Sessions of the Peace and 
Inferiour Court of Common Pleas by Law to be holden at Taun- 
ton within and for the County of Bristol on the third Tuesday of 
December Instant, shall be held at Taunton on the second Tuesday 
of March next, And that all Writs, Processes & Recognizances 
returnable to & all Appeals made to the s** Court of Gen" Sessions 
of the Peace & Inferiour Court of Common Pleas Appointed by 
Law to be holden at Taunton, and all matters Causes and things 
that have day, or that might have been had moved or done at in 
or by the said Court at the Time so appointed for holding the 
same, shall be returnable to and may be entered prosecuted, had 
moved & done at, in and by the s*^ Court at the time hereby Ap- 
pointed for holding the same, and the Secretary is hereby directed 
to publish this Resolve in next Thursdays & Mondays News 
papers. [Passed December 3. 



CHAPTER 516. 



I^egislative 
Records of the 
Council, 
xxxviii., 173. 
Mass. 
Archives, 
coxvi., 63. 

Mass. 
Archives, 
ccxvi., 64-67. 
Legislative 
Records of the 
Council, 
icxxviii., 168. 



RESOLVE FOR SUPPLYING THE CONTINENTAL REGIMENTS RAISED 
IN MASSACHUSETTS WITH VEGETABLES, ETC. 

The Committee of Both Houses appointed to Consider the 
Petition of Col" John Greaton & others beg leave to report by way 
of Resolve 

Whereas Complaint has been made to this Court by Coll Greaton 
& others Commanding Officers of a number of Continental Regi- 
ments raised by this State, that they have not been sufficiently 
supplied with Vegetables & other Stores for the accommodation of 
themselves and the men under their command 

Resolved the Commissaries of Said State in y* Southern and 
Northern departments for dealing out Stores be and they hereby 
are directed to use their utmost endeavours to procure such Stores 
and Vegetables as shall be sufficient- to supply the Regiments 
raised in this State that are now station'd there, and to sell the 
same to the said Regiments in the same manner as they are 
directed to sell other Stores. 
In Council 

Read & accepted 

In the House of Representatives 

Read & Concurred. [Passed December 3. 



[4x11 Sess.] Resolves, etc. — 1777-78. 201 



CHAPTER 517. 

RESOLVE FOR PAYMENT OF £14. 16» TO HON. JOHN HANCOCK, ESQ". 

Whereas, upon the Representation of the Honorable John Han- Legislative 

cock Esq, it appears that a Warrant, by order of the Governor councif °^ "^'"^ 

with the Advice & Consent of Council, dated 26: .January 1774 was xxxviii., 173. 

drawn in his Favor upon Harrison Gray Esq Treas"^ for the Sum Archives, 

of Fourteen pounds sixteen shillings for four Chaldrons C'oal for ^'^'^'^'- ^^- 

the General Court, & that the said Warrant hath not been paid Mass- 
mi 1. Archives, 

Ihererore ccxvi., 62. 

Resolced That the said Sum of Fourteen pounds sixteen shillings 
be paid out of the public Treasury to the said John Hancock Esq 
or his order. [Passed Dcccviber 3. 



CHAPTER 518. 

RESOLVE PROVIDING THAT COPIES OF THE RESOLVE RELATING 
TO COURTS OF GENERAL SESSIONS BE SENT TO ALL TOWNS IN 
BERKSHIRE AND HAMPSHIRE COUNTIES. 

Whereas a Resolve of the General Court of the T* of Feb^ last. Legislative 
directing the Justices of the Counties of Hampshire and Barkshire c^ndf, °^ ^^"^^ 
to hold their Courts of General Sessions of the Peace, at the Times ^''^"' • i""* 
and places by Law prefixed therefor &c has not been properlv dis- Archives, 
pers'^ in the s'^ Counties therefore * '='"'^'- ^° 



Resold'^ that Dan^ Hopkins Eq"" be, and he hereby is directed to [^w^'i^xix 794 
cause that a sufficient Number of the s'^ Resolutions be printed & chap.' 839.' 
sent to each Town in the said Counties without Delay. {Passed 
December 3. 



CHAPTER 519. 

RESOLVE DIRECTING THE BOARD OF WAR TO SUPPLY SAMUEL 
ALLYNE OTIS WITH CLOATHING, ETC., FOR THE USE OF THE 
ARMY. 

On the Memorial of Sam" A Otis Esq'' Agent &c. 

Resolved That the Board of War be and hereby are impowered Legislative 
and directed to deliver To Sam" A Otis Esq Agent to the Cloathier counct°^*''' 
General for the use of the Army, All such iVrticles of ready made ™'^"- i^*- 
Cloathing Hatts, Shoes Stockings & Shirts as can be spared consis- Archives. 

tent with any former Engagements and the safety of this State; °^'^'^' ^^- 

he Engaging to replace in the hands of the Board of War the ^'r^g^ives 
like quantity of such articles as he may receive, provided upon their ccxvi., 21, 41. 
arrival at Camp they Should not be distributed amoung the sol- ^^' 
diers belonging to the regiment raised in this state & in Case they 
Should be so distributed to pay for y*^ same. And whereas Com- 
plaint has been made that the men Enlisted into the Regiments 
raised in this State have not been as yet Supplied with Cloath- 
ing Agreable to y^ Engagements of Congress, notwithstanding very 
large quantities of Cloathing have been purchased in this State & 
forwarded to Head quarters for their Use therefore 

Resolved that a Letter be wrote, & forwarded to Gen" Washing- 
ton signed [by] the President of the Council Informing him of this 
matter and desiring that he would give orders that such of the 
men belonging to the Regiments raised within this State as have 



202 



Resolves, etc. — 1777-78. [Chaps. 520-522.] 



Ijegislative 
Records of the 
Council, 
xxxviii., 175. 
Mass. 
Archives, 
ccxvi., 56. 



Ijegislative 
Records of the 
Council, 
xxxviii., 176. 
Mass. 
.Archives, 
ccxvi., 69. 



not received the Cloathing promised them or as are now so desti- 
tute of Cloathing as to stand in absolute need of it should be the 
first that are Supplied out of the articles now to be delivered to 
Sam' A Otis Esqr in order to be forwarded to y* Army at or near 
Philadelphia. [Passed December 3. 



CHAPTER 520. 

RESOLVE APPOINTING JOHN SCOLLAY, ESQ"*, TO COUNTERSIGN THE 
BOARD OF WAR NOTES. 

Resolved That John Scollay Esq"^ be and he is hereby appointed 
to countersign the notes issued for the Use of the Board of War in 
the room of Capt Ebenezer Wales who is absent. [Passed Decem- 
ber 3. 



CHAPTER 521. 

RESOLVE ON THE PETITION OF DAVID CORNING. 

On the Petition of David Corning of Nova scotia, who brought 
a Number of our Prisoners from that, to this State, Praying for 
Leave to Carry back with him, a Small Quantity of Provisions, & 
to have a Protection for the Same. 

Resolved that the Committee of Corrispondence inspection & 
Safety, of Newburyport, be, & they are, hereby directed, to Suffer 
David Corning to purchase & take on board his Schooner Boat, 
Called the Lidia, Bound to Novascotia, one hundred & fifty bushels 
of Grain, Two barrels Pork, & Eight barrels Cyder and no more. 
And the Hon'"''' Council of this State are hereby desired to Grant a 
Protection to the Said Corning for the purpose afore Said. [Passed 
December 3. 



CHAPTER 52 2 



Legislative 
Records of the 
Council, 
xxxviii., 176. 
Mass. 
Archives, 
ccxvi., 70. 



RESOLVE ON THE PETITION OF EBENEZER PORTER. 

On the Petition of Ebenezer Porter of Novascotia- who 
Brought a Number of our Prisoners, from that, to this State, 
Praying for Leave to carry back with him a Small Quantity of 
Provisions & to have a Protection for the Same. 

Resolved that the Committee of Corrispondance Inspection & 
Safety, of Newbury Port, be and they are hereby directed, to 
Suffer Ebenezer Porter, to Purchaise & take on board, his Shal- 
lope Called the Elisabeth bound to Novascotia, one hundred & fifty 
bushels of Grain, Two barrels Pork & four barrels Cyder, and no 
more and the Hon*"'" Council of this State are hereby desired to 
Grant a Protection to the Said Porter for the Purpose afore Said. 
[Passed December 3. 



[4th Sess.] Resolves, etc. — 1777-78. 203 



CHAPTER 523. 

RESOLVE DIRECTING THE TREASURER TO RECEIVE THE BILLS 
OF CREDIT PAID IN BY CONSTABLES AND COLLECTORS. 

Whereas in & by a Law of this State made & passed in the Legislative 
present year for drawing in and prohibiting the currency of the coundf, °^ ""^ 
bills of Credit emitted by this State &c it is ordered that no such ^g^"' ■ ''"■ 
Bill except as is therein excepted shall pass in any payment after Archives, 

the first day of December then next, with this proviso that Collec- <^'='^'^'- ^^- 

tors & Constables making oath that the bills of this State offered ^^^g"^'' 734 
by them to be paid into the publick Treasury after the said first chap.'?;' 
Day of December were by them received for that purpose before - • °° '^• 
the first Day of December aforesaid, should be allowed to be paid 
into said Treasury. And whereas many collectors & constables may 
have sent Money to be paid into the Treasury by other persons 
it is therefore 

Resolved that the Treasurer of this State be & he is hereby 
directed to receive of such persons the Money so sent provided 
the person offering the same shall make oath w*""^ Oath the Treas- 
urer is impowered to administer that the money by him offered 
was delivered to him by some Collector or constable to be carried 
to the Treasury On or before the said first Day of December any 
thing in said Act to the Contrary notwithstanding. [Passed 
December 3. 



CHAPTER 524. SSfo^he 

Council, 
xxxviii., 178. 
RESOLVE ON THE PETITION OF ICHABOD JONES. Mass. 

Archives, 

Upon the Petition of Ichabod Jones praymg for a Release -^ 

from his Confinem' at North-hampton & for a Restoration of his Archives, 

T7 , , cxxxix., 401; 

XiiState cliv., 215; 

Resolved that the s** Ichabod Jones be & he hereby is discharged cixiv., 350. 
from his Confinement & that his Estate be restored to him. Laws, xix., 
[Passed December 4. ^^' '^'''- ''"■ 



CHAPTER 525. 

RESOLVE PROVIDING FOR THE APPOINTMENT OF A CONDUCTOR 

OF STORES. 

Whereas great Delays have been occasioned in the Transporta- Legislative 
tion of the Stores provided by this State for the Use of their Quota Records of the 
of the Troops in the Continental Army, and great Losses have xxxviii.,' ito. 
been sustain'd by the State as well as great Disappointments Archives, 
occasion'd to the said Troops by such Delays, for want of the ccxvi.. 72. 
Appointment of some suitable Person or Persons to receive such 
Supplies when provided, & conduct them with Safety and Dispatch 
to the Place of Destination. Therefore 

Resolved That a Conductor of Stores be appointed by the Gen- 
eral Court by Ballot, each branch to have a right to negative or 
originate the Choice, whose Business it shall be, & who shall be 
impowerd by a Warrant from the Hon''''' the Major Part of the 
Council, from Time to Time to receive from the Comittee ap- 
pointed by this State to procure Supplies for their Quota of the 



204 



Resolves, etc. — 1777-78. 



[Chap. 526.] 



Continental Army all such Stores so provided & them transport 
and Conduct with all possible Safety and Dispatch to such Place 
or Places as the same may be destined unto, and according to 
the directions he may from Time to Time receive. And that the 
said Conductor either personally, or by such faithful and Discreet 
Person or Persons as he shall appoint, & for whose Fidelity he 
shall be accountable & who shall be vested with the same Powers 
as the Conductor shall attend upon the Transportation of said 
Stores from the Place where they are received unto the Place ap- 
pointed for the Delivery of the same. And the better to enable 
the said Conductor to answer the good Purposes design'd in this 
Appointment it is further 

Resolved that the said Conductor be and hereby is fully im- 
powered to Hire and if need be to impress such and so many 
Teams as he may find necessary to transport said Stores, and to 
hire so many Guards as he shall find necessary to secure said 
Stores from being plunder'd or destroyed. And the Authority and 
People of the several States through which it is necessary such 
Stores should pass are requested to aft'ord said Conductor or his 
Deputy all needed Aid and Assistance whilst passing through the 
same. And it is further 

Resolved That the Hon*"^" Council be and they hereby are em- 
powerd to draw upon the Treasurer of this State for such Sums of 
Money as they shall find necessary to pay for the transportation 
of said Stores, and deliver the same to the said Conductor for that 
Purpose, taking his Receipt therefor, and the said Conductor shall 
when and so often as he shall be thereunto required, account with 
the Hon*'''' Council or this Court for the Expenditure of all such 
Sums of Money as he shall so receive, & shall give Bond in the 
Sum of one thousand Pounds to the Treasurer of this State for 
that Purpose and for the faithfull Discharge of the Trust reposed 
in him. And further, 

Resolved that the said Conductor shall be allowed and paid for 
his Service the Sum of twelve shillings p"" Day for each Day he 
shall be actually employed in said Service exclusive of his reason- 
able Expences, a full and fair Ace' of which he shall keep and 
render whenever he shall be called upon for Settlement. [Passed 
December 4- 

CHAPTER 526. 



Legislative 
Records of the 
Council, 
xxxviii., 180. 
Mass. 
Archives, 
ccxvi., 74. 

Mass. 
Archives, 
ccxvi., 75, 75 J. 



RESOLVE IMPOWERING ICHABOD GAY AND MARY FAIRBANKS, 
ADMINISTRATORS, TO EXECUTE A DEED. 

On the Petition of Ichabod Gay and Mary Fairbank Adminis- 
trators on the Estate of David Fairbank late of Dedham Deceased 
Praying that they may be Impowered to make and Execute unto 
Nathaniel Dean a Good Deed of a certain Tract of Land Belong- 
ing to the Estate of the Deceased 

Resolved that the Prayer be granted and that the Petitioners be 
& hereby are Impowered to execute a Good Deed of the Land 
mentioned in Said Petition for the Purposes there in mentioned and 
the Deed So Executed Shall be as vailed in the Law to all intents 
and purposes as tho the afor Said David Fairbank had executed 
the same in his Life Time any Law usuage or Custom to the Con- 
trary Notwith Standing. [Passed December 4. 



[4th Sess.] Resolves, etc. — 1777-78. 205 



CHAPTER 527. 

RESOLVE IMPOWERING JEMIMA HILL, ADMINISTRATRIX, TO SELL 

REAL ESTATE. 

On the Petition of Jemima Hill Administratrix on the Es- Legislative 
tate of Silas Hill late of Oakham Deceased Seting forth that the Counct°^*^^ 
Personal Estate of the Deceased is not Suficiant to pay the Just ^''^"' • ^^'■ 
Debts that are Due from Said Estate and that the Real Estate of Archives, 
the Deceased is under a Mortagage ccxvi., 76. 



Resolced that the prayer of the Petitioner be so far granted as ^r^chives 
that the Petitioner be and She is hereby fully empowered to make ccxvi., 77-79. 
Sail of the whole of the Real Estate of the Deceased in her Peti- 
tion mentioned for the most it will fetch, and make and execute a 
good Deed or Deeds there for She First Paying to the Person or 
Parsons to whom Said Real Estate is mortgaged all the money that 
is Due from Said Estate in Consequence of Said mortagage and 
obsarveing the directions of the Law for the Sail of Real Estates 
by Execcutors and administrators; and Giving Suficent Security to 
the Judge of Probate for the County of Worcester, that the Pro- 
ceeds of Said Sail be applied for the Payment of the Debts of the 
deceased which are over and above what the Personal Estate is 
Suficent to pay, Saving to the wndow the vse and Intrust of one 
Third Dureing har natural Life and the Residue Shall be put to 
Intrust for the Benefit of the Children of the deceased agreeable 
to the Rules by Law required and the widows Thirds after har 
Deceas to be for the benefit of the Heirs and Divided amongst 
them as the Law Directs. {Passed December 4- 



CHAPTER 528. 

ORDER APPOINTING A COMMITTEE TO DRAUGHT A LETTER OF 
THANKS TO GENERAL STARKS. 

In Council 
Ordered that Tim° Danielson Esq"" with such as the Hon^'"'' ^a^.- 

Archives 

House shall appoint be a Committee to prepair a Draught of a ccxvi., 83. 
Letter of Thanks to the Hon''''' General Starks of the State of New 
Hampshire for the Present by him made to the State of Massachu- 
setts Bay, of one Brass Drum a Fire Arm and Bayonet, one Grane- 
diers Cap and Hessian Sword, Part of the Trophies taken by that 
worthy General in the important Victory he obtained over a con- 
siderable Part of the British Army at the ever memorable Battle 
of Bennington. 

In the House of Representatives 
Read & concurrd & M"" Partridge & M"" Sewall are joined. 
[Passed Deceviber 4. 



CHAPTER 529. 

LETTER TO GENERAL STARKS. 



Sir, 

The General Assembly of this State, take the earlyest Oppor- Legislative 
tunity to acknowledge the Receipt of your acceptable Present the coSnetf, °^ *^® 
tokens of Victory gaind at the memorable Battle of Bennington, xxxviii., 181. 

The Events of that day, strongly mark the Bravery of the Men, Archives, 
who, unskill'd in War, forc'd from their Intrenchments, a chosen ccxvi., so, 82. 



206 



1vesol\t:s, etc. — 1777-78. [Chaps. 530, 531.] 



number of veteran Troops, of Boasted Brittons; as well as the 
Address and Valour of the General, who directed their Movements, 
and led them on to Conquest. 

This signal Exploit open'd the way to a rapid Succession of 
Advantages, most important to America. 

These Trophies shall be safely deposited in the Archives of the 
State, and there remind Posterity of the irresistible Power of the 
God of Armies, and the Honors due to the Memory of the Brave. 

Still attended with like Successes, may you live long enjoy the 
just Reward of your grateful Country. [Passed December 5. 



CHAPTER 530 



RESOLVE FOR PRESENTING A SUIT OF CLOATHS TO BRIG. GEN'' 

STARKS. 



TjCgislative 
Records of the 
Council, 
xxxviii., 184. 
Mass. 
Archives, 
ccxvi., 84, 85. 

Mass. 
Archives, 
cxcviii., 352; 
ccxvi., 80-83. 



Resolved Unanimously That the Board of War of this State be 
and hereby are directed, in the Name of this Court, to present to 
the Hon'ble Brigadier General Starks a compleat suit of Cloaths 
becoming his Rank, together with a peice of Linnen; as a Testi- 
mony of the high Sense this Court has of the Great and important 
Services rendered by that brave Officer to the United States of 
America. [Passed December 5. 



CHAPTER 531 



Legislative 
Records of the 
Council, 
xxxviii., 175. 
Mass. 
Archives, 
ccxvi., 86. 



RESOLVE ON THE PETITION OF JOHN ROBINSON. 

The Committee of both Houses appointed to consider the peti- 
tion of John Robinson representing that one Andrew Herrick living 
on Crambery Island in the County of Lincoln is aiding & assisting 
the Enemies of America and praying that s** Herrick may be pre- 
vented from Acting thus in opposition to the Cause of his Country 
have attended that Service, & take leave to report that s*^ Robin- 
son be & he hereby is directed to make his Complaint to either of 
the Justices of the Peace in said County to the extent that said 
Herrick may be dealt with as to Law and Justice appertains, which 
is humbly Submitted 

John Taylor <^ Order 
In Council 

Read & Accepted 

In the House of Representatives Read & concurred and thereupon 

Resolved that John Robinson, who in his Petition to this Court 
has represented that one Andrew Herrick living on Cramberry 
Island in the County of Lincoln is aiding & assisting the enemies 
of America & prayed that said Herrick may be prevented from 
acting thus in opposition to his Country, be & he hereby is di- 
rected to make his complaint to either of the Justices of the peace 
in said County to the Intent that said Herrick may be dealt with 
as to Law & Justice appertains. 
In Council 

Read & Concurred. [Passed December 5.^ 

' This date is December 3 according to Legislative Records of the Council. 



[4tii Sess.] Resolves, etc. — 1777-78. 207 

CHAPTER 532. 

RESOLVE FOR REMOVING W'^ HASWELL AND FAMILY TO ABINGTON. 

Resolved That the Selectmen of Hingham be and hereby are Legislative 
directed to remove William Haswell and Family to the Town of SS"^*^'' 
Abington and that the Selectmen of Abington are directed to re- ™''^,"' ■ "^- 
ceive said Haswell & Family and allow them proper support, and Archives, 

present their Account to this Court for allowance & payment. ''°'^"^' ^'' 

[Passed December 5. 



CHAPTER 533. 

APPOINTMENT OF NEHEMIAH ABBOT AS CONDUCTOR OF STORES. 

In the House of Representatives Legislative 

The House made choice by Ballot of M"" Nehemiah Abbot as a CoMcif," 
Conductor of Stores procur'd for this States Quota of the Conti- ^as^" ' ^^^' 

nental Army. Archives, 

T /-I •! ccxvi., 88, 

In Council . 

Read & Concurred. [Passed December 5. 



CHAPTER 534. 

RESOLVE RELATIVE TO REGIMENTS OF GUARDS STATIONED AT 
PROSPECT HILL AND WINTER HILL. 

Resolved that there be allowed & paid to Each noncomissioned legislative 

• • I p I T-> • T\ Kecords ot the 

officer & private soldier belonging to either oi the Regiments De- Council, 
tached from the militia of this state now Doing Duty under m asT" ' 
General Heath as Guards to the British & foreign troops stationd ^p^'^'d'^To 

at Prospect & Winter hills a bounty of twenty shillings pr month '—. 

from the time of their entring upon said service to the time of their 
Discharge 

Resolved that the several Comisarys appointed by this Court 
to provide any articles for the British or foreign troops aforesaid 
be and they hereby are Directed to supply any officer or private 
soldier belonging to either of the Regiments of Guards aforesaid 
with the same kinds of articles they paying for the same 

Resolved that the council be & they hereby are requested to take 
some effectual measures for making up the Deficiencies in the Regi- 
ments aforesaid 

Resolved that if any non-com ission^ officer or private soldier who 
shall be ordered by his Comanding officer in consequence of an 
order of the Council of this state to join with and Do Duty in 
either of the Regiments afores** and shall not within twenty four 
hours procure some able bodied man to serve in his stead or pay 
a fine of ten pounds shall be Considred as belonging to such Regi- 
ment and treated accordingly. [Passed December 5. 



208 



Resolves, etc. ^ — 1777-78. [Chaps. 535, 536.] 



CHAPTER 535. 



RESOLVE DIRECTING THE TREASURER TO RECEIVE OF JOHN GUSH- 
ING, MUSTER MASTER, BALANCE OF MONEY REMAINING IN HIS 
HANDS. 



Legislative 
Records of the 
Council, 
xxxviii., 183. 
.Mass. 
Archives, 
ecxvi., 90. 



In the House of Representatives. 

Whereas John Gushing Esq"" Muster Master for the County of 
Essex Rec'' the Sum of 250 Pounds in the Month of August last to 
enable him to pay the Sum of three Pounds to every non Commis- 
sion Officer and Soldier that Should enlist into Either of the two 
Regiments of Light Infantry to be raised to go to Rhode Island and 
he having Mustered only 44 in the whole There is Still a Con- 
siderable Sum of Money in the Hands of Said Muster Master. 

Therefore 

Resolved that the Treasurer of this State be and He hereby is 
directed to Recieve of the Said John Cushing Esq'' Muster Master 
The Money remaining in his hands Over and above what he has 
paid to the Soldiers he has Mustered in the two Regiments above 
Mentioned taking Duplicate Receipts one of which to be lodged in 
the Secretary's Office; and if the Money which he Shall So Re- 
turn and the Receipts which he Shall produce for the Money he 
has paid to the Soldiers he has Mustered Shall a Mount to the 
afore Said Sum of 250 Pounds, the Treasurer is hereby Directed 
to Discharge the Said Muster-Master of that Sum of 250 Pounds. 

And whereas it appears to this House there is now in the Hands 
of the Said Muster Master aboute two Hundred Bounty Notes 
which are dated in the Months of Jan^ and Feb'' last 

it is also 

Resolved that the Said Muster Master be Directed to Return all 
Such Notes now remaining in his hands to the Treasurer and that 
the Treasurer be directed to discharge him of So Many of Notes 
Such as he Shall return. [Passed December 6.^ 



CHAPTER 536 



RESOLVE IMPOWERING JOSEPH PARKER, ADMINISTRATOR, TO 
SELL REAL ESTATE. 



Legislative 
Records of the 
Council, 
xxxviii., 185. 
Mass. 
Archives, 
ecxvi., 93. 

Mass. 
Archives, 
ecxvi., 94-955. 



On the Petition of Joseph Barker [Parker]- administrator on 
the Estate of James Eaton Late of Reading Deceased, praying that 
the Estate of the Deceased may be Sold for the payment of the 
Just Debts and the Benefit of the Children of the Deceased 

Resolved that the Prayer be granted and that the Petitioner be 
and he is here by impowred to make Sale of the whole of the Real 
Estate in his Petition mentioned for the most it will fetch and to 
execute a good Deed for the Same; he obsarving the Rules of the 
Law for the Sail of Real Estates by Execcutors and Administrators 
and giving Security to the Judge of Probates for the County of 
Middlessex that the Proceeds of Said Sale shall be applyed for the 
Payment of the Debts of the Deceased and the Residue after the 
Said Debts are paid be put on Intrust for the Benefit of the Chil- 
dren. [Passed December 0. 

* This date is December 5 according to Legislative Records of the CounciL 
^ Inserted from petition, Mass. Archives, ecxvi., 95. 



[4tii Sess.] Resolves, etc. — 1777-78. 209 



CHAPTER 5 3 7. 

RESOLVE DIRECTING JOSEPH TRUMBULL, LATE COMMISSARY GEN- 
ERAL, TO DELIVER 17000 BUSHELS OF SALT TO MAJOR JACOB DAVIS 
FOR THE USE OF THE ARMY. 

Whereas the Hon''''' Continental Congress have Orderd the Legislative 
late^ Commissary Gen' M^ Trumbull to deliver over unto the gounc'r^ '^' 



Comissary Gen' of Issues his Dep'^' or assistants all the Stores in ?F'^"' 



186. 



Mass. 



his Hands & no such Deputy or Assistant is appointed & ready in Archives, 

this State to receive such Stores. And whereas there are Orders ''"^'^'•' ^^' 

from Congress for 12,000 Bushels of Salt, now in the Stores in this Ar'chives 
State & in the Hands of the said late Commissary Gen" to be re- ccxvi., 97, 98. 
mov'd to Connecticut for the Use of the Army to the Southward, 
& also another Order from Gen' Gates for 5,000 Bushels more of 
Salt for the Use of the Army to the Northward; both which 
Quantities are immediately wanted & the supporting our Armies 
much depends upon the immediate Complying with the said 
Orders. Therefore 

Resolved that Joseph Truml>ull Esq"" late Commissary Gen' be & 
he hereby is requested to deliver the said Quantity of Seventeen 
Thousand Bushels of Salt now in the Continental Stores in Sud- 
bury & Sherborn unto Major Jacob Davis of Charlton who is 
hereby impowerd to receive the same, twelve Thousand Bushels of 
which he is to send forward to Hartford in Connecticut, & there 
deliver to the Order of Peter Colt Esq'' Deputy Commissary Gen' 
of Purchases in the Eastern Department, at the Expence of y* 
s*" Peter Colt, according to Order of Congress, & the remaining five 
Thousand Bushel to deliver to the Order of Jacob Cuyler Esq"" 
Deputy Commissary Gen' of Purchases for the Northern Depart- 
ment, according to Orders from Gen' Gates. And the said Jacob 
Davis Esq"^ is hereby impowerd and directed with all possible 
Expedition to procure Teams to transport the said Quantity of 
twelve Thousand Bushels of Salt to Hartford, at the Expence of 
the said Peter Colt Esq"^ & in Case Teams sufficient to transport 
the same cannot otherwise be procured, he the said Jacob Davis 
Esq"^ is hereby impowerd to impress such and so many Teams as 
may be necessary to compleat the same and the Select Men & 
Committees, as also the good People in the Neighbourhood are 
earnestly requested to exert themselves in forwarding the said 
Salt immediately as their Safety and Happiness in so great a 
Measure depends thereon 

And whereas this Court are at present unable to comply with the 
Request of the said Peter Colt Esq"^ in supplying him with a sum of 
Money to pay for transporting the said Salt to Hartford therefore 

Resolved that it be recommended to the said Peter Colt Esq"" to 
apply to Gen' Heath for such a supply of money as may be 
sufficient to enable him to comply with the Orders of Congress, in 
the Business aforesaid. [Passed December 6. 



CHAPTER 538. 

RESOLVE IMPOWERING THE BOARD OF WAR TO SELL PRIZE 

VESSELS. 

Whereas the Honourable Board of War by their Commission Legislative 
bearing Date the seventh Day of July have power to recive the coundf '^^ *^^ 
State Share of all prizes taken by Armed Vessels and sent into any xxxviii.,'i9i. 



210 



Resolves, etc. — 1777-78. [Chaps. 539-541.] 



Mass. 
Archives, 
ccxW., 100. 

Province 
Laws, v., 600, 
chap. 22. 



port whatever but are not authorized to dispose of any Vessel 
that may be Condemned for the Breach of the naval laws of this 
State or the Resolves of Congress or to receive the proceeds of such 
Condemned Vessels 

It is therefore 

Resolved that the Said Board of War be and they hereby are 
impowered to Sell by themselves or Such person as they Shall ap- 
point all such Vessels as are or Shall be condemned for the Causes 
aforesaid and to Receive and pay the neat proceeds thereof into 
the Treasury of this State, taking two Receipts therefor one of 
which to be Lodged in the Secretarys Office. [Passed December 8. 



CHAPTER 539. 



RESOLVE FOR QUARTERING GEN. BURGOYNE'S OFFICERS IN 
PRIVATE HOUSES. 



I.«gislative 
Records of the 
Council, 
xxxviii., 190. 
Mass. 
Archives, 
ccxvi.. 102. 

Mass. 
Archives, 
ccxvi., 101, 
lOli- 



Whereas Quarters have not yet been Provided for all the offi- 
cers belonging to the Corps Lately Commanded by Gen" Burgoyne, 
in Cambridge and Medford, Therefore 

Resolved that Gen" Heath may take up Quarters in Private 
Houses (with permison of the owners) upon the Road leding from 
Cambridge to Lexenton as far as Lexenton meeting House if 
Neede be. [Passed December 9.^ 



Legislative 
Records of the 
Council, 
xxxviii., 191. 
Mass. 
Archives, 
ccxvi., 103. 



CHAPTER 540. 

RESOLVE DIRECTING THE BOARD OF WAR TO SELL STEEL TO 

TOWNS. 

Resolved that the Board of War be and they hereby are directed 
to sell one half of the Steel they now have on hand, or so much as 
they Apprehend may be Spared to such towns in this State as 
have not been already Supplied with that article to be delivered 
to the Representative from such town or Selectmen or their Order, 
they paying for the same at a reasonable rate & to be propor- 
tioned as near as may be according to such towns tax. [Passed 
December 9. 



CHAPTER 541. 



RESOLVE ON THE PETITION OF ISRiVEL TROW. 



Legislative 
Records of the 
Council, 
xxxviii., 192. 
Mass. 
Archives, 
ccxvi., 104. 

Mass. 
Archives, 
ccxvi., 105. 



On the Petition of Israel Trow of Norton, 

Resolved That Israel Trow be directed, & is Hereby Directed, 
emediately to Deliver to the Board of War of this State, the articals 
which he the Said Trow Received back from William Cox, or to 
the Value of the State bounty which was Twenty Pounds. [Passed 
December 9. 

1 This date is December 8 according to Legislative Records of the CounciL 



[4th Sess.] Resolves, etc. — 1777-78. 211 



CHAPTER 542. 

RESOLVE DIRECTING THE COMMITTEE OF SEQUESTRATION TO 
DISPOSE OF SEQUESTERED GOODS AS PREVIOUSLY DIRECTED. 

Resolved that the Comittee of Sequestration be & they hereby Legislative 
are directed to proceed immediately to the Execution of the Re- coundf, °^ *^'° 
solve of this Court passed on October 21" last relative to the xxxviii.,' 193. 
disposal of the Sequestred Goods, excepting the Books of every Archives, 
kind among said Goods, of which they are hereby directed to '"^^^^■' "*^ 



Cause a Catalogue to be made as soon as may be & delivered to 
the Court. [Passed December 9. 



CHAPTER 543. 

ORDER APPOINTING A COMMITTEE TO REVISE THE MILITIA ACT. 

Order of the House, that Colonel Sartell and Colonel Little Legislative 
with such as the Honb'^ Board shall join, be a Committee to revise coundf, °^ *^*' 
the Militia Act and report what Additions or Amendments are xxxviii., 192. 
proper to be made. 

Read and Concurred and Timothy Danielson Esq"^ is joined. 
[Passed December 9. 



CHAPTER 544. 

ORDER APPOINTING A COMMITTEE ON THE COMPLAINT OF 
STEPHEN WHITE AGAINST THE COMMITTEE OF CORRESPOND- 
ENCE OF HOLDEN. 

Ordered That Captain Washburne, Colonel Hutchinson and Legislative 
Colonel Sartell with Such as the Honb^^ Board shall join, be a coundr^***^ 
Committee to Consider the Petition and Complaint of Stephen ^^^^"^- 
White of Holden against the Committee of Correspondence, &c of 
that Town, hear the Parties and report. 

Read and Concurred, and John Taylor and Timothy Danielson 
Esq" are joined. [Passed December 9. 



193. 



Legislative 



CHAPTER 545. 

RESOLVE SUSPENDING FURTHER PROCEEDINGS UNDER THE RE- 
SOLVE RESPECTING FREELOVE SCOTT. 

Whereas by a Resolve of this Court passed upon the Petition 
of Freelove Scott, on the 18"" of October last, the Committee of Records of the 
Sequestration are impower'd to settle with any of the Absentees SxvhT.',' 194. 
Wives remaining in this State in the same Manner as by the Pre- ^^^?: 
ceeding Resolve they are directed & impowerd to settle with the ccxvi., ids. 
said Freelove Scott, which it is apprehended will prove injurious to 
Individuals who may be Creditors, & also to the Publick, if put 
in Execution 

Therefore 

Resolved that the Committee of Sequestration be and hereby are 
directed to suspend any further Proceedings upon the Eesolve 
before recited untill the further Order of this Court. [Passed 
December 10. 



212 



Resolves, etc. — 1777-78. [Chaps. 546-549.] 



CHAPTER 546. 



liCgisIative 
Records of the 
Council, 
xxxviii., 195. 
Mass. 
Archives, 
ccxvi., 109. 

Mass. 
Archives, 
clvii., 100; 
ccxvi., 110. 



RESOLVE DIRECTING THE BOARD OF WAR TO SUPPLY CLOATHING 
for' officers of COL*^ WIGGLESWORTH'S REGIMENT. 

On the Petition of Thomas Smart, in behalf of the officers of 
Colonel Wigglesworth's Battallion Setting forth that Said officers 
were almost destitute of Cloaths, and praying that they might be 
Supplied. 

Resolved that the Board of War be and they are hereby directed, 
to Sell to Thomas Smart for a Reasonable price, for the use of the 
Commission'd Officers of Colonel Wigglesworth's Battalion, So 
much Cloathing as will be Sufficient for Each of Said Officers, one 
Suit if they have so much, if not as much as they may Judge 
Can be Spared Consistant with the Necessities of the army, 

Also 

Resolved that the Board of War be and they are hereby further 
directed, to Supply the Commissioned officers, of Such other 
Battallions, as are in the Continantal Army, & Raised by this State, 
with Cloathing as they Shall apply. Said Officers paying for the 
Same at a Reasonable Rate, According to the discreation of Said 
Board. [Passed December 10. 



CHAPTER 547. 



Legislative 
Records of the 
Council, 
xxxviii., 194. 



ORDER ON THE PETITION OF WILLIAM PHIPPS AND CHARLES 
RICHARDSON. 

Ordered That Timothy Danielson Esq"" with such as the Hon**'^ 
House shall appoint, be a Committee to Consider the Petition of 
William Phipps and Charles Richardson respecting the Towns of 
Worcester, Leicester, Oxford and Sutton, and to hear the Parties 
and report what is best to be done thereon. 

Read and Concurred, and M' Wood and CoP Sartell are joined 
on the part of the House. [Passed December 10. 



CHAPTER 548. 

APPOINTMENT OF ALEXANDER SHEPPARD AS CONDUCTOR OF 

STORES. 

Ugisiative In the House of Representatives. 

cZnct"^^^^ The House made choice by ballot of M' Alexander Sheppard, 

xxxviii.,' 197. a,s a Conductor of Stores in the room of M'' Abbot who declines 

Mass. 

Archives, Serving. 

22fli::-lH: In Council 

Read & Concurred. [Passed December 11. 



CHAPTER 549. 



RESOLVE FOR RAISING MEN FOR SEA COAST DEFENCE. 

Legislative Whereas the time for which the Men stationed at several 

c'rclr^*^' Places on the Sea-Coasts in this State expires on the last day of 
xxxviii.,' 187. ^]^jg Instant December It is therefore 



[4th Sess.] Resolves, etc. — 1777-78. 213 

Resolved that there be raised in the Province of Maine & sta- Mass. 
tioned at Falmouth in the county of Cumberland Twenty Men ^(.x*'^'yf,4 

Viz one Lieutenant, one Serjeant, one Corporal & seventeen r^^^ 

Matrosses & at Cape Elizabeth Ten Men viz one Sergeant, One Archives, 
Corporal & eight Matrosses, And it is further LegTsiatVve 

Resolved that there be raised in the County of Essex Sixty seven ^^^^^f "^ ^'^^ 
men Including officers to be stationed as follows viz. at Plumb- xxxviii.'iTi. 
Island One sergeant & six matrosses; at Glocester one Lieutenant, LavTs'^'^^ 
one Sergeant, one Gunner, one Corporal & eleven Matrosses; At "J"- ^1q\,q 
Marblehead one Lieutenant one Sergeant, one Gunner, one Cor- 
poral & eleven Matrosses; And at Salem One Lieutenant, one 
Sergeant, one Gunner, one Corporal & eleven Matrosses; and at 
Beverly, one Leutenant, one Sarjeant one Gunner, one Corporal & 
Eleven Matrosses — Also 

Resolved that there be raised in the County of Bristol & sta- 
tioned at Dartmouth One Lieutenant, one Gunner, one Sergeant, 
one Corporal & eleven Matrosses; Also that there be raised in 
the County of Plymouth & stationed at the Gurnet one Lieutenant 
two Sarjeants, Two Corporals one Gunner & Twenty four Mat- 
rosses; Also 

Resolved that there be raised & Stationed at the Elizabeth- 
Islands, One Lieutenant, one Gunner, two Sarjeants two Corporals 
& Twenty four Matrosses. 

And it is further 

Resolved that there be allowed & paid to each officer & private 
aforesaid, as wages for each callender Month such officer or private 
shall continue in said service the following Sums respectively. Viz. 



To each Lieutenant, 
To each Sergeant, . 
To each Gunner 
To each Corporal . 
To each Private 



Five pounds 

Three pounds 

Three pounds 

Two pounds fifteen shiUings 

Two pounds ten shillings 



And the pay of each noncommissioned officer & private Soldier 
shall commence two Days before their marching from their respec- 
tive homes to their Stations. And that the time of Service of 
said Men commence on the last day of December Instant at their 
respective Stations & that they continue therein four Months 
from that time unless sooner discharged. 

And it is further 

Resolved that each Noncommissioned Officer & private Soldier 
shall equip himself with a good effective fire Arm & Bayonet a 
Cartridge-Box, Knapsack & Blanket & wooden Bottle or Canteen 
which will hold one quart & that no such officer or private be 
allowed to pass muster unless so equiped: And said men shall be 
mustered by the Colonel or commanding officer of the Regiment of 
militia within whose limits said men are respectively to be sta- 
tioned in consequence of this Resolve, who is hereby impowered to 
muster them accordingly & to give general directions to the officer 
who immediately commands such Party & see that the men are 
kept to their Duty & make quarterly returns to the Council of 
their State and Number And it is also 

Resolved that suitable persons shall be appointed to provide for 
& supply the aforesaid men at their several stations with such 
provisions as were allowed the men in the sea coast service in the 
year one thousand seven hundred & seventy six 

It is also further 

Resolved that the Men who shall be inlisted & stationed by this 
Resolve in the several Sea Ports therein mentioned shall be subject 
to be drafted by the commanding officers of the company to which 
they respectively belonged at the time of their inlisting equally as 



2U 



Resolves, etc. — 1777-78. [Chaps. 550, 551.1 



the Other men in such Company, provided such Draft be made to 
do duty without this State. And in case any draft shall be so 
made from either of the Corps to be raised by this Resolve the 
Officer commanding such Corps is hereby impowered to inlist a 
number sufficient to fill any vacancy occasioned thereby, and it is 
further 

Resolved that the Council be & hereby are desired to appoint the 
Commissioned Officers aforesaid & suitable persons to provide for 
& supply them. [Passed December 12.^ 



CHAPTER 550. 



RESOLVE PROVIDING ADDITIONAL QUARTERS FOR GEN'' BUR- 
GOYNE'S OFFICERS. 



Legislative 
Records of the 
Council, 
xxxviii., 197. 
Mass. 
Archives, 
ccxvi., 120. 

Mass. 
Archives, 
ccxvi., 118. 



Resolved That General Heath may take up Quarters for the 
officers belonging to the British & foreign Troops lately com- 
manded by General Burgoine in Private Houses (with permission 
of the owners) upon the Road leading from Cambridge to Water- 
town as far up as to Include m"" Remington's dwelling House, and 
over Watertown Bridge as far as Angers Corner and upon the 
North Road in Watertown Gen^ Heath not having been able to 
procure sufficent quarters upon the Lexinton Road in pursuance 
of the Resolve of y" 8"" Instant. [Passed December 12. 



CHAPTER 551. 



Legislative 
Records of the 
Council, 
xxxviii., 196. 
Mass. 
Archives, 
ccxvi., 122. 

Mass. 
Archives, 
ccxvi., 126. 



RESOLVE PROHIBITING THE SALE OF LIQUORS AND PROVISIONS 
TO BRITISH PRISONERS, ETC., EXCEPT BY COMMISSARIES. 

Whereas the disposing of distilled Liquors, Wine alle. Beer or 
Cyder, among the British and foreign Troops now at and near 
Prospect and Winter Hill, and the Supplying them with the 
Various sorts of Provisions usually bro't to Boston market, the 
produce of the United States or any of them, that they shall need 
over and above the Rations to be supplied by General Heath, in 
other way & manner than the Resolution of the 25"' of October 
last directs, will be attended with mischevious Consequences 
It is therefore 

Resolved that any Person (other than such as are or may be ap- 
pointed Commisaries in pursuance of a Resolve of the General 
Court of the 25"' of Oc"" last) who shall sell or dispose of any 
Spirits distilled, Wine, alle Beer or Cyder to any of the British or 
Foreign Troops within one mile of the Camp at Winter or Pros- 
pect Hill, shall forfeit and pay for each and every offence, to him 
or them that shall prosecute therefor by Complaint, in Writing 
before any Justice of the Peace for the County of middlesex, 
within Twenty days next after the offence (^ommitted, the Sum 
of Six pounds with Costs of Prosecution. And any Person (other 
than such as are or may be appointed Commisaries in pursuance 
of the Resolve of Oc' 25"" last) who shall sell or dispose of any 
kind of Provisions usually brought to Boston market, the produce 
of the United States to any of the British or Foreign Troops 
afores'' within one mile of the Camp shall for each and every 
offence forfeit and pay to him or them that shall prosecute there- 

» This date is December 8 according to Legislative Records of the Council. 



[4tii Sess.] Resolves, etc. — 1777-78. 215 

for, within Twenty days before any Justice of the Peace for the 
County of Middlesex the Sum of Three pounds with Costs of 
prosecution, and it shall and may be lawfull for any of the 
Guards that are or may be placed about the Camp by General 
Heath or his order, to apprehend and take into custody, within 
one mile of the said Camp any offender against this Resolution for 
safe keeping (not exceeding 24 Hours) until such offender can be 
carried before some Justice of the Peace to answer therefor. 

And any Person apprehending himself aggrieved at the deter- 
mination of a Justice of the Peace upon this resolution may appeal 
to the Court of general Sessions of the Peace then next following 
in the County of Middlesex, the appellant Recognizing with one or 
more Suretys in a Reasonable Sum for prosecuting the appeal and 
abiding the determination of the Court of Sessions thereon, and 
the Testimony of any legal Witness reduced to Writing & Sworn 
unto on the Tryal before the Justice, or the Copy thereof, by him 
duly certified may be admitted upon the appeal any Law usage 
or Custom to the Contrary notwithstanding. [Passed December 13} 



CHAPTER 552. 

ORDER ON THE PETITION OF EZRA HOUGHTON. 

On the Petition of Ezra Houghton a Prisoner in Worcester Legislative 

Goal, praying that he may be liberated, giving Bond Councif, °^ ^'"^ 

Ordered That the Sherriff of the County of Worcester be & he xxxviii., i98. 

A Mass 

hereby is directed to Liberate the s Ezra Houghton from the Goal Archive?, 
in Worcester, he first giving Bonds to the Treasurer of this State & ^^"'^^ • '^*' 



Successor in s'' office, the s** Ezra as principal in the sum of Two ^^®?: 

^ *■ Archives, 

Thousand pounds with four good & Sufficient Sureties in the sum of ccxvi., 129. 
five hundred pounds each. Conditioned that the s"^ Ezra Shall 
personally appear at the next Superiour Court to be held at 
Worcester in the County of Worcester afores"* in April next and not 
Depart without license; and in the mean Time be Confined to his 
own Farm and not Exceed the Limits of his Home Lot, nor hold 
any Correspondence directly or indirectly with any person that 
hath been or is Concerned in Counterfeiting the Bills of publick 
Credit of, or that is unfriendly to this, or either of the United 
States of America. [Passed Deccmher 13.^ 



CHAPTER 553. 

RESOLVE VESTING THE MASSACHUSETTS DELEGATES IN CON- 
GRESS WITH CERTAIN POWERS. 

W^HEREAS the Hon'''® John Hancock Samuel Adams John Mass. 
Adams, Robert Treat Paine, Elbridge Gerry Francis Dana & James ^/^!i^'40G^o8 

Lovel Esq" have been chosen by joynt Ballot of the two Houses - — tttt- 

of this Assembly to represent the State aforesaid in the American Records of the 
Congress for one Year to commence on the first day of Jan^ next ^'^H.'/iyg, 
ensuing 198- 

Resolved that the abovenamed Gentlemen be, and they hereby 
are fully impower'd, with other Delegates from the other Ameri- 
can States for the term abovemention'd, to concert direct and 
order such further Measures as to them shall appear best calcu- 

' This date is December 11 according to Legislative Records of the Council. 
- This date is December 12 according to Legislative Records of the Council. 



216 



Resolves, etc. — 1777-78. [Chaps. 554, 555.] 



lated for the Establishment of Right Liberty and Independence to 
the American States, upon a Basis permanent & secure; for prose- 
cuting with Vigor the present just and necessary War, concluding 
Peace, contracting Alliances, regulating Commerce, and guarding 
against all encroachments and Machinations of the Enemies of 
these United States, and to adjourn to such times & Places as 
shall appear most conducive to the public Safty & Advantage. 

And it is further 

Resolved That not less than three of the abovemention'd Gentle- 
men shall make a Representation of this State The Majority of 
those present after consultation to give the Voice of the State, 
Notwithstanding it is expected that five of them will attend as 
generally as may be. 

And the Secretary is hereby directed, forthwith to forward to 
each of the above named Gentlemen a Copy of their Appointment 
and of this Resolution. [Passed December 13. 



CHAPTER 554. 



RESOLVE ON THE PETITION OF ISRAEL WILLIAMS AND ISRAEL 
WILLIAMS JUN". 



Legislative 
Records of the 
Council, 
xxxviii., 200. 
Mass. 
Archives, 
cliv., 227. 

Mass. 
Archives, 
cliv., 228-233. 



On the Petition of Israel Williams and Israel Williams jun' 
praying to be liberated from their confinement in Goal in North- 
ampton in the County of Hampshire 

Resolved that the Prayer of their Petition be so far granted that 
the said Israel Williams & Israel Williams jun"' be liberated from 
the Goal aforesaid on Condition hereafter mentioned, (viz') that 
they give Bonds with sufficient sureties to Henry Gardner Esq" 
Treasurer of this State for the sum of Three Thousand pounds 
Each, for their good Behaviour towards this State, that they will 
not directly nor indirectly by writing conferring or any other way 
hold up any correspondence with the Enemies of this State or any 
of the United States of America and that the said Israel the Elder 
be Confin** to his own House & home-Lot in the Town of Hatfield 
with Liberty to attend Public Worship within the Town of Hat- 
field on Lords Days, and Israel Williams Jun' be confined to the 
said Town of Hatfield and not to Depart w"' out the further order 
of this Court and that they pay all cost that has arisen or may 
arise in consequence of their imprisonment and that they be under 
the care of the Committee of Correspondence &c of the Town of 
Hatfield for their faithfully abiding by the Conditions aforesaid. 
And the Sheriff of the County of Hampshire is hereby directed to 
put this Order into Execution Accordingly. [Passed December 13. 



CHAPTER 555. 



Legislative 
Records of the 
Council, 
xxxviii., 201. 
Mass. 
Archives, 
ccxvi., 131. 



RESOLVE ON THE PETITION OF THE COMMITTEE OF CORRE- 
SPONDENCE, ETC., OF MONTAGUE. 

On the Petition of the Committe of Correspondence Inspec- 
tion & Safty of the Town of Montague in the County of Hamp- 
shire. 

Resolved that Joseph Root Esq' Joseph Root Jun' Martin Root, 
Ephraim Marsh Eleazar Marsh Ephraim Marsh Jun' Lieu' Reuben 
Scott Eleazar Scott Ira Scott Samuel Smead Ezra Smead, Nims 
Smead, Moses Severance, Daniel Lawrence, Philip Root Elisha 



[4Tii Sess.] Resolves, etc. — 1777-78. 217 

Root, Moses Root, Oliver Root, Ebenezer Billing & Bildad Bill- 
ing be discharged, released and set at full Liberty from any Re- 
straint or Confinement they have been laid under by Cap" ejoseph 
Slarrow of Leverett, C'ap" Noadiah Leonard & Cap" Caleb Monta- 
gue of Sunderland & Cap" Moses Harvey of Montague and others, 
and that the said Military Officers and others desist from any 
further restraining them in any Manner except by the known &. 
established Law of the Land. [Passed December 13. 



CHAPTER 556. 

RESOLVE ALLOWING ADDITIONAL PAY TO THE MILITIA THAT 
REINFORCED THE NORTHERN ARMY. 

Resolved that there be allowed and paid out of the Publick Legislative 
Treasury of this State to the Militia that Marched to Reinforce counct°^*^^ 
the Northern army in Consequence of a Resolve of 22** of Sep' Last ™'viii.,'202. 
to Each Non Comision Officer and Soldier the Sum of two Pounds Archives, 

ten Shillings per Kalender Month in addition to the Continental ""^^' '^^- 

pay. [Passed December 13. 



CHAPTER 557. 

RESOLVE DIRECTING THE COMMITTEE OF SEQUESTRATION TO 
DISPOSE OF JOSEPH SCOTT'S EFFECTS. 

Whereas by a resolve of this Court of the 18 Oct" last the Legislative 
Com'"' of Sequestration was directed to deliver to Freelove Scot coundf °^ ''^^ 
One third part of the goods & other Personal Estate in their hands xxxviii., 202. 
lately belonging to her Husband Joseph Scot, & Whereas it is Archives, 
represented to this Court that his Estate will not be more than ccxvi., 13.3. 
sufficient to discharge the debts against said Estate therefore 

Resolved that the Com'*^'' of Sequestration be & they hereby are 
directed to dispose of s*^ Joseph Scots Effects according to the 
directions of this Court for the disposal of other Absentees Estates 
any act or resolve to the Contrary notwithstanding. [Passed 
December 13. 



CHAPTER 558. 

RESOLVE ON THE PETITION OF ROBERT PIERPOINT, COMMISSARY 

OF PRISONERS, 

On the petition of Rob' Pierpont Commisary of Prisoners Legislative 
praying that he may be Impowered to Procure a Suitable Vessel cou°c'|f "' ^^^ 
for a Cartel to go to Hallifax xxxviii..' 202. 

Resolved that the s'* Robert Pierpont be and he hereby is Im- Anfhives, 
powered to Impress some Suitable Vessel for said purpose, and to ccxvi.. 135. 
have her apprised by three Indiferent persons who are Competent Mass. 
Judges of the Vallue of Vessels. [Passed December 13. ccxvi', is'e. 



218 



Resolves, etc. — 1777-78. [Chaps. 559-561.1 



CHAPTER 559. 



Legislative 
Records of the 
Council, 
xxxviii., 203. 
Mass. 
Archives, 
ccxvi., 138. 



RESOLVE DIRECTING THE DELEGATES IN CONGRESS TO PROCURE 
APPOINTMENT OF A COMMITTEE FOR SETTLEMENT OF ACCOUNTS 
BETWEEN MASSACHUSETTS AND THE UNITED STATES. 

Resolved that the delegates Chosen to represent this state at the 
Hon''' Continential Congress be & they hereby are directed to 
move in Congres's for The appointment of a Committee as soon as 
may be to repair to Boston or Such other place in this State as 
may be thought Proper to audit & settle The Accounts of this 
state Against the United States of America. [Passed December 13. 



CHAPTER 560. 



Legislative 
Kecords of the 
Council, 
xxxviii., 204. 
Mass. 
Archives, 
ccxvi., 139. 

Mass. 
Archives, 
cxcviii., 347. 



RESOLVE FOR RAISING GUARDS TO SERVE FOR THE TERM OF SIX 

MONTHS. 

Resolved That The Council of This State be and hereby are 
desired to Issue Their Orders to the proper Officers commanding 
the Militia in This State to detach Therefrom the same Number 
of Officers and Soldiers as Now Guard the several continental 
Stores & Magazines in said State, according to the Desire of Gen' 
Heath manifested by his Letter to the Gen' Assembly of This 
Date, And the Officers and Soldiers so detach'' shall be upon the 
Continental Establishment And that They be continued in Service 
for the Term of Six Months from the first Day of Jan^ next unless 
Sooner Discharged. [Passed December 13. 



CHAPTER 561 



TjCgislative 
Records of the 
Council, 
xxxviii., 205. 
Mass. 
Archives, 
ccxvi., 140. 

Mass. 
Archives, 
civiii., 104; 
ccxvi.. 112, 121. 



RESOLVE FOR CONTINUING IN SERVICE THE TWO REGIMENTS 
DOING DUTY AT RHODE ISLAND. 

Resolved That it be recommended to the Two Regiments of 
light Infantry raised by this State and now doing Duty in the 
State of Rhode Island under the Command of Col' Robinson & 
Keyes, whose Time of Service will expire on the first Day of 
January next, both Officers and Soldiers, further to engage in the 
Service of the State for the Term of One Year from and after the 
said first Day of January next unless sooner discharged & to be 
liable to serve in any of the four New-England Governments. 
And to encourage the said Officers & Soldiers to engage in the said 
Service, it is further 

Resolved That each Officer, noncommissiond Officer and Soldier 
who shall engage in the said Service shall be entitled to and re- 
ceive the same Rations, & Pay as the Officers & Soldiers belonging 
to the Continental Army And that each noncommission'd officer 
& Soldier who shall enlist as aforesaid (either of those already 
belonging to the said Regiments, or who may enlist to compleat 
the same) shall upon passing Muster receive a Bounty of Twelve 
Pounds to be paid him by the Muster Master, and upon his pro- 
viding for & furnishing himself with the several Articles enumer- 
ated in the enlistment which is now agreed upon, shall over and 
above be entitled to receive the Sum of Twenty Shillings p"^ Month 
for each Kalender Month he shall continue in said Service. 



[4th Sess.] Resolves, etc. — 1777-78. 219 

And it is further 

Resolved that there be immediately sent to the aforesaid 
Colonels Robinson & Keyes a Copy of this Resolve and a sufficient 
Number of Inlisting Orders and Inlistments, And that a Muster 
Master be appointed by the Council to Muster the said Regiments 
& be furnished by the Council from the Public Treasury with a 
sufficient sum of Money to pay them their Bounty as aforesaid. 
And it is further 

Resolved that the aforesaid Colonels be and hereby are directed 
to use their Endeavours not only to engage the Officers & Soldiers 
of said Regiments, but in Case any of such Officers shall decline 
engaging in the said Service; that they y" said Colonels together 
with the other Field Officers of said Regiments be desired to 
Recommend other suitable Persons to the Hon''''' Council to be 
appointed in their Steads. And the Hon''''' Council are hereby 
impowerd and requested to appoint & Commissionate the said 
Officers & to fill up any Vacancies of Officers which may happen 
upon the declining & Refusal of any of the Field or other Officers 
of said Regiments & such officers as shall engage in the aforesaid 
Regiments (in Case any considerable Part of them should engage) 
are directed to recruit and fill up the said Regiments as soon as 
possible. [Passed December 13. 



CHAPTER 562. 

FORM OF INLISTMENT AND BEATING ORDERS FOR RAISING TWO 
REGIMENTS FOR THE DEFENCE OF RHODE ISLAND. 

J- O Legislative 

Gentlemen Greeting c^ndf, °^ *^^ 

You are hereby Impowered Immediately to Inlest a company xxxviii.,'206. 
to consist of Eight[y] six able-bodied and effective men including A^cMves, 
noncomissioned officers and privets, as soldiers in the Sarvice of ccxvi., 142. 
the State for the term of one year from the first Day of Jenuary Legislative 
Next, and to Do Sarvice in aney of the New England States and Council, 
cause them to pass muster as Soon as possible. 2^^'" ' ^^^' 

The Day of J) 1777 

And that Said inlestments Shall be of the form following (Viz) 
We the Subscribers Do Severally Inlest ourselves into the Serv- 
ice of the State of Massechusetts Bay to Sarve in a company, 
whereof is captain untill the first Day of 

Jenuary one thousand seven Hundred & seventy Nine unless 
Sooner Discharged, and each of us Do Engage to furnish and 
Carrey with us into the sarvice a good effective fire arm and Bay- 
onet cartridge box Knapsack Blanket & kanteen or wooden bottle 
and when formed we engage to march to the state of Rhoad Island, 
or Such other place or places within the four New England states 
as the genral court (or in the reces of sd court) the Council of 
said Massechusetts state Shall order, and Do hereby oblige our- 
selves faithfully to obsarve and obay all such orders as We shall 
from time to time receive from the officers that are or shall be 
appointed over us and to be subject to such Regulations as are 
provided for the Continental army. 

Dated this Day of 1777. 

Resolved That the foregoing be the Form of the Inlistment & 
Beating Orders for raising the two Regiments for the Defence of 
Rhode Island. [Passed December 13. 



220 



Resolves, etc. — 1777-78. [Chaps. 563-565.] 



CHAPTER 563. 

RESOLVE APPOINTING A COMMITTEE TO PREPARE AN ACCOUNT OF 
THE DISBURSEMENTS MADE FOR THE BENEFIT OF THE UNITED 
STATES. 



Legislative 
Keoords of 
Council, 
xxxviii., 201 
Mass. 
Archives, 
ccxvi., 143. 



the 



Province 
Laws, 
xix., 750, 
chap. 735. 



Resolved That George Partridge Esq' & M' Joseph Henderson 
l)e and they are hereby appointed a Comm*" whose Business it 
shall be to prepare an Ace' of the Disbursments made by this 
State for the Benefit of the United States of America since the 
31" of December last in Order that a settlement may be made as 
soon as may be, and that the Board of War Receiver Gen' Com- 
misary Gen' & any Comm'"' who may have in their hands any 
Vouchers necessary to support s*' account of Disbursments be & 
hereby are directed to Deliver the same to the s** Partridge & 
Henderson taking their Rec' for the same which shall be a suffi- 
cient Voucher to them Respectively for the sums expressed in 
s^ Vouchers, and the Comm*"* for preparing s*^ accounts are im- 
powered to procure such Assistance as they Judge necessary. 
[Passed December 13. 



Legislative 
Hecords of the 
Council, 
xxxviii.. 203. 
Mass. 
Archives, 
ccxvii., 199. 

Mass. 
Archives, 
ccxvii., 198, 
201. 



CHAPTER 564. 

RESOLVE ON THE PETITION OF ANN CROSBY AND OTHERS. 

On the Petition of Ann Crosby and others. 

Ordered That the Petitioners serve the Non Petitioners who are 
Heirs of Said Joseph Crosby deceased with a Copy of this Petition 
and this Order thereon that Cause may be shewn, if any there be, 
on the r' Tuesday of the Next sitting of the General Court where- 
fore the Prayer of Said Petition should not be granted. [Passed 
December 13. 



CHAPTER 565. 



I-egislative 
Records of the 
Council, 
xxxviii., 200. 
Mass. 
Archives, 
ccxvi., 151. 

Mass. 
Archives, 
ccxvi., 152. 



RESOLVE SUSPENDING THE JUDGMENT AGAINST ABEL WITHERALL. 

Resolved That the Judgment of the Inferiour Court of Common 
pleas held at Boston in and for the County of Suffolk on the 
Third Tuesday of April 1777 Wherein Abijah Holbrook of Wren- 
tham in the same County House Carpenter was plaintiff against 
Abel Witherall of said Wrentham Labourer, when Judgement was 
rendred upon default that the said Abijah Recover ag' the said 
Abel the Sum of Two hundred Pounds money Damage and Costs 
Taxed at £0.14.11 Be and hereby is set aside, and the Justices 
of the said Inferiour Court are hereby authorized and ImpowerM 
to proceed upon the Original Writ in the same suit, at the next 
Inferiour Court in the same way and manner, as tho' the said 
action or suit stood now continued at the Request of the said 
Abijah, and no Judgement had been given therein. And Whereas 
the said Abel is necessarily absent and may not return or legally 
authorize any Person Timely to make a defence in the said Suit 
It is therefore 

Resolved that the said Triphena or such attorney as she shall, 
under hand & Seal Constitute, may appear and defend the same 
suit to final Judg""', Provided the said Abijah be served with a 



[4Tii Sess.] Resolves, etc. — 1777-78. 221 

Copy of this Resolve or the same be left at his last place of abode 
in Wrentham Seven Days at least before the sitting of the said 
Inferiour Court. [Passed December 15.^ 



CHAPTER 566. 

RESOLVE ALLOWING AN ADDITIONAL BOUNTY TO MEN THAT 
ENLIST IN COLO CRAFTS' ARTILLERY REGIMENT. 

Resolved that there be allowed and paid out of the Puoiick Legislative 
Treasury of this State unto each non-comissioned Officer & Private p'"'°g'^f °^ ^^^ 
Soldier enlisted in the Regiment whereof Thomas Crafts Esq'' is xxxvi;i.,'204. 
Colonel the Sum of Fifteen Pounds as a Bounty in Addition to the Archives, 
Encouragement already given, said Sum to be paid in a Treasury ccxvi., hg. 
Note for the said Sum of Fifteen Pounds, with Interest at Six Mass. 
per Cent, p' Annum to be paid Annually & further ccxVT h'6- 

Resolved that the same Bounty and Encouragement be given to ^^^• 
each non Commissiond Officer & Private Soldier, who shall enlist 
into the Service of this State in the said Regiment for the Term 
for which said Regiment is Engaged, provided they enlist on or 
before the first Day of march Next to be paid upon his passing 
Muster. The several Sums paid in said Treasurers Notes to be 
consider'd as Part of the Sum of Fifty Thousand Pounds directed 
by this Court to be borrowed by the Treasurer for the Supply of 
the Treasury. [Passed December 15} 



CHAPTER 567. 

RESOLVE DIRECTING THE COMMITTEE APPOINTED TO PROCURE 
BLANKETS TO SETTLE THEIR ACCOUNTS. 

Resolved That the Committees appointed to procure Blanketts Legislative 
in the severall Countys of this State be, & they are hereby directed counc'-f °^ ^^^ 
to settle their Accounts with the Selectmen in Whose Hands they xxxviii.,'208. 
have deposited Sums of Money for the above purpose, & said Com- Archives, 
mittee shall be allowed a reasonable Reward for their time & cc^v'-^ '^5- 
Trouble in doing said Business when they make a finall Settlement Province 
for the Monies they have taken out of the Treasury. [Passed TeyTcha'p. '775. 
December 15. 



CHAPTER 568. 

RESOLVE AUTHORIZING JUDGES OF PROBATE TO APPOINT PERSONS 
TO PROSECUTE SUCH AS MAKE STRIP AND WASTE ON REAL ES- 
TATE OF ABSENTEES. 

It being made to appear to this Court that great Strip and Legislative 
waste has been made on some of the real Estates of Persons, or the ^^cords of the 

TT-i-T* 11 ni -n-n Council, 

Heirs or Persons who have ned to our Enemies for protection xxxviii., 208. 
which Estates lie in this Government but no Agents have yet been Archives, 
appointed to take care of the same therefore ccxvi., i57. 

Resolved That the Judges of Probate in the several Counties in Mass. 
this State be and they are hereby Authorised & directed to ap- ccxvi'^Tm. 
point some person or persons of Prudence and Ability (where La^^s"^ 629 
Agents are not already appointed) for the special purpose of chap.' 38.' 
prosecuting any Person or persons who have been or may here- 

* This date is December 13 according to Legislative Records of the Council. 



222 



Resolves, etc. — 1777-78. [Chaps. 569, 570.] 



after be guilty of Such Offences, & the Person or Persons so ap- 
pointed Shall have as full and Ample Power & Authority to 
prosecute & persue all such wrong Doers to final Judgment & 
Execution as any Agent could have had, if appointed by the Judge 
of Probate in persuance of an Act intitled, an Act to prevent y* 
Waste Destruction & Embezzlement of the Goods or Estates of 
such Persons who have left the same & have fled to our Enemies 
for Protection &c & the Person or Persons so appointed shall be 
accountable to the Judge of Probate who appointed them. [Passed 
December 15. 



CHAPTER 569. 

resolve on letter of GEN'' HEATH RESPECTING THE COMMITTEE 
OF CORRESPONDENCE AND SELECTMEN OF WATERTOWN. 



Lejnislative 
Records of the 
Council, 
xxxviii., 208. 
Mass. 
Archives, 
ccxvi., 159. 

Ma.^s. 
Archives, 
cxcviii., 351, 



The Committee of both Houses on the Letter signed W Heath 
dated Dec' 15 1777 having considered the same, report following 
Resolve which is Submitted 

W Sever ^ ord'' 

Resolved that the Selectmen & Committee of Correspondence of 
the Town of Watertown be by the Secretary of this State Served 
with an Attested Copy of a Letter signed \V Heath, dated Dec'' 
15 1777 & addressed to the Gen' Assembly of this State, & that 
they or the major part of them be & hereby are directed, to attend 
the Council of this State on Wednesday the 17"" day of Decern*" 
inss* at eleven oClock in the forenoon & answer to the matters 
alledged against them in Sd Letter And the Council are desired 
& Impowered to take such further orders, respecting the Sd 
Selectmen & Committee as they Shall think proper. 
In the House of Representatives 

Read & accepted. 
In Council 

Read & concurred. [Passed December 15. 



CHAPTER 570. 



Legislative 
Records of the 
Council, 
xxxviii., 209. 
Mass. 
Archives, 
ccxvi., 160. 



RESOLVE IMPOWERING RISHWORTH JORDAN, ESQ^ TO PROSECUTE 
ANY PERSONS THAT HAVE COMMITTED TRESPASS ON COOK'S 
LOT, ADJOINING SACO RIVER. 

W'HEREAS there is a Tract of Land, of about three mile square 
commonly called Cooks Lott adjoining Saco River without the 
bounds of any Town, upon which there are many Valuable White 
Pine masts, a considerable part of which Lott of Land belonged 
to Sir William Pepperrell one of the late mandamus Councellors 
who is absent from this State, in Which Lot or Tract of Land 
Rishworth Jordan Esq'' of Biddeford is Interested and as tis Said 
that Some persons have made Strip and Waste thereon and are 
again preparing to carry off the Pine Masts afores** by cutting 
them for mill logs the ensueing Winter, and no person having 
been appointed an agent to S** Pepperrell Thcrfore to prevent any 
further destruction of said Timber and that such as have already 
destroyed the same may be Speedily called upon to make compen- 
sation therefor It is 

Resolved that the Said Rishworth Jordan Esq' in his own Name 
for himself and the other owners thereof be and hereby is fully 
authorized and Impowrd, to prosecute and pursue Actions of 



[4th Sess.] Resolves, etc. — 1777-78. 223 

Tresspass to final Judgment & Exec" against any persons that 
have commited Trespass thereon since January 1775 or that here- 
after may commit Tresspass on S'' Land, he to account with the 
Judge of Probate for York County for the said Pepperrells pro- 
portion of such Damages as may be Recov'' & to pay the same in 
the manner agents are directed by Law to Do any Resolve to the 
contrary notwithstanding. [Passed December 15. 



CHAPTER 571. 

RESOLVE ALLOWING PAYMENT FOR SERVICE OF CAPT. SAMUEL 
WHITMORE'S COMPANY AT FALMOUTH, MAINE. 

On the Petition of Cap' Samuel Whitmore of Gorham in the Legislative 
County of Cumberland praying for allowances for Services Done counclf °^ ^^^ 
on the Batteries in Falmouth in Said County by him Selfe and men xxxviii.,'210. 

di • /^ 1 Mass. 

er his Command Archives, 

Resolved that there be paid out of the Treasure of this State for ccxvi., i62. 
their Services afors*^ to the Cap' Eight shillings pr Day Left five ^ass. 
Shillings per Day Non Commission officers three Shillings and Six ccxvi., 163. 
pence per Day Privets three Shillings per Day in full for there 
Service and Rations, and the Committe on musteroUs are Di- 
rected to examine and allow the Roll for such Service when pre- 
sented, Agreeable to this Establishment. [Passed December 15. 



CHAPTER 572. 

RESOLVE ON THE PETITION OF LIEUT. SAMUEL MARSH. 

On THE Petition of L' Sam' Marsh praying that the Bounty Legislative 
due to three inlisted men may be paid into his hands Caundf, °^ *^*' 

Resolv^ that Col° Nat' Barber be & he is hereby directed to pay ^"^"i- ^H- 
in to the hands of y* s** Marsh for the use of John Trumbull Abel Archives, 

Anthony & Sam' Howard, who are said to be inlisted into the °''^^'' ^^^- 

Continental Service during the War, y*" Bounty granted by this ^^^f^- ^ 
State to such Soldiers s** Marsh producing Sufficient Vouchers ccxvi., le's. 
that they are so inlisted. [Passed December 15. 



CHAPTER 573. 

RESOLVE ON THE PETITION OF CAPT. SIMEON SAMPSON AND 

OTHERS. 

The Committe on the Petition of Simion Sampson Charles Legislative 
Dyer & others report by way of Resolve Records of the 

Resolved that the Board of War Deliver to Cap' Simion Samp- xxxviii.,'211. 
son Lef Charles Dyer, John Otis Zadock Churchill Sam' Doten Archives, 
Laban Lindes Seth Doten Seth House Nath' Crosby Laben Stodder °^^^'- '^'^- 
Peter Wilder, Hez'^ Ripley Eph" Wilder Jn" Pain Yeats Nickerson ^^^^-^^^ 
Nath' Weir Josiah Linnell John Cole Josiah Higgins Cushing cixx^iH.,^'302, 
Horton Isaac Cole Dan' Myrrick Dennis Collings, to Each of them ^°^' 
a Gun or Firelock to Replace those Lost by them In the Capture 
of the Brig' Independance. 

In the House of Representatives 

Read & Accepted. 
In Council 

Read & Concurred. [Passed December 15. 



224 



Resolves, etc. — 1777-7^ 



[Chap. 574.] 



CHAPTER 574. 



Legislative 
Records of the 
Council, 
xxxviii., 212. 
Mass. 
Archives, 
ccxvi., 170. 

Mass. 
Archives, 
cc3£vi., 161, 172. 



RESOLVE VESTING THE COUNCIL WITH CERTAIN POWERS DURING 
THE RECESS OF THE GENERAL COURT. 

Whereas it may be of public Utility that until the next sit- 
ting of the General Court certain Powers should be vested in the 
Council other than those with which they are ordinarily Cloathed, 
therefore 

Resolved That the Honorable Council until the next sitting of 
the General Court be and hereby are fully Authorized and im- 
powered to Nominate and Appoint, as occasion may require, such 
Comission Officers in any of the Land forces Armed Vessels or 
Vessels of War in the Service and pay of this State and also in the 
Militia, whose places by death or otherwise are vacant, as to them 
shall appear necessary and put them under the Command of such 
Officer or Officers as they shall judge proper. 

And it is 

Resolved that the Council be and hereby are also impowered and 
Authorized to treat with any Indians that may Arrive in this State 
and make such provision for them as they may judge proper. 

And it is 

Resolved That the Major part of the Council shall have full 
power and Authority to examine allow and pass upon the pay rolls 
of the Sea Coast Men and their Commissary's Accounts and also 
of the pay rolls of the Militia who have been in Service, any Act 
or Resolve to the contrary notwithstanding. 

Also 

Resolved that, until the next sitting of the General Court, any 
seven of the Council be and hereby are impowered to Issue and 
Sign any Warrants and such Warrants and any other thing Trans- 
acted by sev[en] of said Council be and hereby is declared to all 
inte[nts] and purposes as valid as if the same had been Signed or 
Transacted by fifteen of said Council. 

And it is further 

Resolved that in Case Gen" Washington Should, during the 
recess of this Court, write to this State desiring to be furnished 
with two or three Thousand men As a reinforcement to his Army 
that the Council be and hereby are Impowered to draft such a 
number of officers & men from the militia of this State (not ex- 
ceeding Three Thousand men) as they Shall Judge the Circum- 
stances of this State will admit of for such a term of time not 
exceeding four months from y^ time of their marching as they shall 
think the Public Safety requires & to offer them such Encourage- 
ment as they Shall think reasonable and they are hereby further 
to draw upon the Public Treasury for money sufficient for such 
Purpose and the Treasurer is hereby directed & Impowerd to pay 
such Drafts 

Also 

Resolved That the Honble Council be and they hereby are im- 
powered to convene the Great and General Court or Assembly 
at any earlier Day than that to which it shall next be Adjourned 
or prorogued if they shall judge the Public Service requires it. 
[Passed December 15. 



[4th Sess.] Resolves, etc. — 1777-78. 225 



CHAPTER 575. 

RESOLVE DIRECTING THE BOARD OF WAR TO MAKE SALE OF ALL 
SUCH ARTICLES AS CAN BE SPARED. 

Resolved That the Board of War be & they are hereby directed p^^rdsofthe 
to make immediate Sale at the Current price of all such Articles Council, 
as can in their Judgement, be spared from the Stores now in their ^^s"'" ^'^' 
Possession and that they pay the Proceeds of such Sales into the ^^^^}''^j^ 

'' tr ^ CCXVl., 173. 



Treasury of this State without Delay, taking duplicate Receits 
for the Sums so paid, one of which they are directed to deposit 
in the Secretarys office. [Passed December 15. 



CHAPTER 576. 

RESOLVE IMPOWERING THE TOWN OF BOSTON TO CHOOSE 
ADDITIONAL ASSESSORS. 

Upon the Petition of the Town of Boston, praying for leave Legislative 
to chuse five Assessors in addition to the Number they now have, cmindf, °^ ^''^ 
& that the Number in future to be chosen by them at their annual J?"'^'"- ^^*- 
Meetings in March be twelve if they judge necessary Archives, 

Resolved That the Town of Boston be, and they hereby are im- '"^^'^' ' ^^*' 

powered, at a legal Meeting for that purpose called, to chuse five Archives 
Persons in addition to those already chosen, to serve for said ccxvi., 175. 
Town in the Office of Assessors 'till March next. And that they 
then, & in future at their Annual Meetings in March, be im- 
powered to chuse twelve meet Persons, if they see cause, to serve 
as Assessors for said Town the Year ensuing. [Passed December 15. 



CHAPTER 577. 

RESOLVE APPOINTING A COMMITTEE TO ASSIST THE TREASURER 
IN FILLING THE LOAN OF £50,000. 

In the House of Representatives 
Resolved That Caleb Davis & M" Ellis Gray be and they are Legislative 
hereby appointed (with such as the Hon^^ Board shall join) a coJuicIf °^*^^ 
Com^*^ to Assist the Treasurer of this State in filling the Loan of xxxviii.,'215. 
fifty thousand pounds agreeable to an Act of this Court at their Archives, 
last Session. ^'^^^J ■ '^^^ 

In Council • Province La^»^s. 

Read & Concurred and Moses Gill Esq. is joined. [Passed 12'; 829, note*. 
December 15. 



CHAPTER 578 



RESOLVE ON THE PETITION OF NEHEMIAH SOMES AND OTHERS 
AGENTS FOR THE SCHOONERS SPEEDWELL AND ACTIVE. 

On the Petition of Nehemiah Somes & others, agents for the Legislative 
private armed Schooners Speedwell and Active, praying that so c^'^'^f "^ ^^^ 
many of the Cannon [remjaining^ & belonging to the Prize Ship xxxviii.,'215. 

^ Text inserted from Legislative Records of the Council. 



226 



Resolves, etc. — 1777-78. [Chaps. 579, 580.] 



Mass. 
Archives, 
ccxvi.. 150. 



Johnson as shall be equal to the four six poun[ders taken] ^ from 
said Prize Ship, for the use of [the Brig]' Hazard, by Order of this 
Court, be [delivered to said]' Agents, for the use of their Con- 
st[ituents.]' 

RfsoJvcd that the prayer of said [Petition be]' so far granted as 
that the Board of War be directed to deliver to said agents the two 
remaining Six Pounders; to gether with Such and so many of the 
four Pounders & other Guns taken in the Ship Johnson, as appears 
to be their Proportion agreeable to the Decree of the Maritime 
Court. [Passed December 15. 



Legislative 
Records of the 
Council, 
xxxviii., 211. 
Mass. 
Archives, 
ccxvi., lt)8. 

Mass. 
Archives, 
ccxvi., lt)9. 



CHAPTER 579. 

RESOLVE ON THE PETITION OF ENOCH GLOVER AND ENOCH 

GLOVER, JUN«. 

On the Petition of Enoch Glover and Enoch Glover Jun'' 
Praying for Relief in two Actions against one Seth Sumner which 
were to have been considered on the July Term AD 1775 In the 
County of Suffolk which were dismised as Sett forth in said Petition 

Resolved that the Prayer of the Petition be so far Granted that 
the said Enoch Glover & Enoch Glover Ju"" Serve the said Seth 
Sumner with a Copy of the within Petition and this order thereon, 
that he may Shew cause if any he have on the Second Tuesday 
of the next Sitting of the General Court why the prayer thereof 
Should not be Granted. [Passed December 15. 



CHAPTER 580. 



RESOLVE ON PETITION OF INHABITANTS OF WEST SPRINGFIELD. 



Legislative 
Records of the 
Ck>uncil, 
xxxviii., 209. 



On the Petition of a number of the Inhabitants of ^Yest- 
Springfield, of which the Rev"^ M' M'^Kinstry is Pastor, praying 
that they may be Incorporated into a distinct Parish, which was 
presented at the last Sitting. 

Resolved That the said Petitioners notify the said Parish to shew 
Cause, if any they have, on the third Wednesday of the next 
Sitting of this Court, why the Prayer of the Petitioners should 
not be granted, by leaving a Copy of said Petition together with a 
Copy of this Resolve with the Clerk of said Parish at least fifteen 
Days before the said third Wednesday of the next Sitting of this 
Court. [Passed December 15. 

1 Text inserted from Legislative Records of the Council. 



[5th Sess.] Resolves, etc. — 1777-78. 227 



RESOLVES, ORDERS, VOTES ETC. 

Passed at the Session begun and held at Boston, 
ON THE Seventh Day of January, A.D. 1778. 



CHAPTER 581. 

ORDER appointing A COMMITTEE TO TAKE INTO CONSIDERA- 
TION A RESOLUTION OF CONGRESS. 

In the House of Representatives 

Ordered that M"^ Gray, M"" Wetmore & M'' Sumner, with such Legislative 
as the Hon Board shall join be a Committee to take into con- councif,° 
sideration a Resolution of Congress recommending to the Legis- ^^^"■' ^^^' 
latures of the several States from New Hampshire to Delaware Archives, 

inclusively to appoint Commissioners to convene at New Haven "l^i^Zhir^ 

in Connecticutt on the \b'^^ January current, in order to regulate 
and ascertain the price of Labour, manufactures &c: & report 
what is proper to be done 

In Council Read & Concurrd & Walter Spooner and Daniel 
Hopkin Esqrs are joynd to the Committee of the Hon House. 
[Passed January 8. 



CHAPTER 582. 

ORDER APPOINTING A COMMITTEE TO REPORT CONCERNING MEN 
DETACHED FOR A SECRET EXPEDITION BUT ASSIGNED FOR DUTY 
AT BOSTON. 

In Council 

Ordered That Daniel Hopkins Esq with such as the Hon'''" Legislative 
House shall appoint be a Committee to take under Consideration coun'j.^f °* *^^ 
the Resolution of the General Court Sep' 20 last, respecting a j™'^"'- -'^• 
Detachment from the Boston Reg* on a Secret Expedition for 30 Archives, 

Days being annexed to Col° Crafts Reg' of Artillery & to do ^"^^'- ^^^- 

Duty in Boston and to report whether they are by Said Resolve 
intituled to the Bounty engaged to be given to those who went 
upon Said Expedition 

In the House of Representatives 

Read & concurrd & Doct Dunsmore & M' Crane are joined. 
[Passed January 8. 



CHAPTER 583. 

ORDER APPOINTING A COMMITTEE ON REGULATIONS RESPECTING 
THE EMBARKATION OF GEN. BURGOYNE'S TROOPS. 

In the House of Representatives Legislative 

Ordered that Capt Hosmer M"" Wetmore, Coll Porter & Coll coSict "^ ^''^ 
Hutchinson with such as the Hon Board shall join, be a Commit- xxxviii.,'220. 
tee to consider what regulations are proper to be made with re- 



228 



Resolves, etc. — 1777-78. [Chaps. 584-586.] 



Mass. 
Archives, 
ccxvi., 187. 



spect to the Embarcation of the Troops late under the command 
of Gen. Burgoyne & report 

In Council Read and Concurred and Benj^ Greenleaf Walter 
Spooner & Benj'' Austin Esq"^^ are joined. [Passed January 8. 



Legislative 
Records of the 
Council, 
xxxviii., 220. 
Mass. 
Archives, 
ccxvi., 219. 

Legislative 
Records of the 
Council, 
xxxviii., 219, 
222, 225. 



CHAPTER 584. 

REPORT RECOMMENDING APPOINTMENT OF COMMISSIONERS TO 
MEET IN CONVENTION AT NEW HAVEN. 

The Committee of both houses appointed to take into Con- 
sidaration a Resolution of Congress above mentioned and report 
what is proper to be done, have attended that sarvice and beg 
leave to Report as their opinion, that three Gent° be now ap- 
pointed by this Court to meet in Convention at New Haven 
agreable to s*^ Resolution of Congress, & that they be instructed 
by this Court when Chosen — which is submited 

W Spooner by order 
In Council 
Read & Accepted 
Sent down for Concurrence 

In the House of Representatives 
Read & Concurrd. [Passed January 9. 



Legislative 
Records of the 
Council, 
xxxviii., 221. 
Mass. 
Archives, 
ccxvi., 218. 

Mass. 
Archives, 
ccxvi., 217. 



CHAPTER 585. 

RESOLVE PERMITTING DOCT« BENJAMIN CHURCH TO GO TO 

MARTINICO. 

Resolved That Docf Benjamin Church be & he hereby is per- 
mitted to take Passage on board the Sloop Welcome Capt. James 
Smitharick Master bound for the Island of Martinico; And the 
Maj*^ Part of the Council are desired to give Order to the Sherriff 
of the County of Suffolk to remove the said Docf" Church on 
board the said Sloop, when she is ready for Sailing, directing him 
to search his Person & Baggage to prevent his carrying any Let- 
ters or other papers that may be to the detriment of the Ameri- 
can States; And the s'^ Church is not to return to this State 
during the Continuance of the present War without Leave therefor 
first had & obtain'd from the General Court, under such pains & 
penalties as they shall see fit to order. [Passed January 9. 



CHAPTER 586. 



Legislative 
Records of the 
Council, 
xxxviii., 221 
Mass. 
Archives, 
ccxvi., 220, 222. 

Mass. 
Archives, 
ccxvi., 220-231. 



RESOLVE ON THE PETITION OF MARY KING. 

Resolved That the Justices of the Superior Court of Judicature 
&c. are hereby impowered to accept the Report of the Refferrees 
in the Case mentioned in said Petition, at the Court, to be 
holden by said Justices at Boston, within & for the County of 
Suffolk, on the third Tuesday of February next; and to enter 
up Judgment upon said Report, as fully and effectually, as if the 
s Mary had come into Court, at P'almouth, in due season, & 
taken upon her, the prosecution of s'' Case, and the s'' Report had 
been then made, and the said Miliken duly notified thereof. 

Provided that the said Mary shall serve the s" Edward Miliken 



[5th Sess.] Resolves, etc. — 1777-78. 229 

in person with, or leave an attested Copy of this Resolve, and her 
said Petition, at his usual place of abode fourteen days before the 
sitting of said Superior Court at Boston. [Passed January 9. 



CHAPTER 587. 

VOTE ON REPORT RELATIVE TO ENLISTMENT OF MEN BELONGING 
TO BURGOYNE'S ARMY. 

The Committee of both Houses to whom was refered General j^lordsof the 
Heaths Letter of the S*** Instant, and a Letter of Sergeant Kensh Council, 
have attended that Service and Considered the Subject Matter m^s"'"'" ^^^' 
of each of said Letters, & upon Examining the said Kensh and one ^^^^}^^^^'^ 

^ ^ ccxvi., 233. 



Sergeant Lindzey from on board the Guard Ship, your Committee 
are of Opinion that there is many of General Burgoyne's Troops Anfhiyes, 
Inlisted into the American Army and that in Violation of an sgyb'ccxvi^' 
Order of Congress, and that it is Highly probable that there are 234,235. 
many of said Troops that are now lurking in this Town for no 
good purposes and that it is the duty of this Court to See that 
Proper care be taken to find out all evil disposed persons and 
prevent them from having it in their power to Injure us. Where- 
fore it is the Opinion of your Committee that there should be a 
General Search through this Town where such Evil minded Per- 
sons may likely be harboured On Saturday next at 11 "Clock by 
the Peace Officers Selectmen & Overseers of the Poor of this 
Town, and that the Militia of this Town be directed to give their 
Assistance to them, If Called for and that all Persons whom they 
may find which cannot give a good Account of themselves be 
immediately Carried to the Work House and their continued 'till 
the further Order of this Court & that Col° Jabez Hatch be di- 
rected to place a Guard at Charlestown & Winisimet Ferry & at 
the Fortification during the time of making the Search afores** to 
prevent any Suspected Persons mak^ their Escape And that Gen- 
eral Heath be desired to have all his Troops now in this Town 
paraded at the same time, and a return made of all the Men the 
Recruiting Officers have Inlisted Since the first day of November 
last to this Time mentioning their Names, and the Towns they 
respectively belong to, and what Towns they Inlisted for, what 
bounties were paid to each Soldier as a Town bounty, and by 
whom Paid, and what bounty Each Recruiting Officer Received 
of the Several Towns he Inlisted Soldiers for Each Soldier he so 
Inlisted for them. 
In Council 

Read & Accepted 

In the House of Representatives 

Read & concurred. [Passed January 9. 



CHAPTER 588. 

RESOLVE ON THE PETITION OF THOMAS EDWARDS. Legislative 

Records of the 

Upon the Petition of Tho* Edwards now a Prisoner in Boston xxxviii.,'223. 
Goal praying for Leave to depart this State Archives, 

Resolved, that the s** Thomas Edwards be & he hereby is per- "^'^' ^^^- 
mitted to depart this State in the first Cartel for Halifax, Newport Mass^ 
or New York & to take his Wife & Children with him. [Passed ciiv., 235.' 
January 9. 



230 



Resolves, etc. — 1777-78. [Chaps. 589-591.] 



Mass. 
Archives, 
ccxvi., 210. 

Mass. 
.\rchives, 
ccxvi., 215. 
Legislative 
Records of the 
(^ouncil, 
xxxviii., 218. 



CHAPTER 589. 

VOTE ON REPORT OF COMMITTEE ON THE PETITION OF BRIG. GEN'^ 
JOSEPH PALMER REQUESTING A HEARING. 

Ox THE Petition of Joseph Palmer 
In the House of Representatives 

Read & thereupon 

Ordered That Coll Porter Coll Prescott & Coll Little with such 
as the Hon Board shall join be a Committee to consider the same 
& report. 

In Council Read & Concurrd & 

Ordered that Jedidiah Prebble & Abr* Fuller Esq""* are joined 

The Comittee abovementioned having considered the foregoing 
Petition are Unanimously of Opinion that the Steps already taken 
by the Gen^ Court & above referred to, are proper and most con- 
formable to the Rules & Regulations established by Law for such 
Purposes & that such Trial will give the Petitioner as fair an 
Opportunity of vindicating his Innocence, as a Hearing upon the 
Floor of the House, & therefore Report that the Petitioner have 
leave to withdraw his Petition. 
In Council 

Read & accepted 

In the House of Representatives 

Read and concurred. [Passed January 9. 



CHAPTER 590. 



VOTE RESPECT^ THE BOUNTY PROMISED TO THOSE WHO WENT 
ON A SECRET EXPEDITION. 



Legislative 
Records of the 
Council, 
xxxviii., 224. 
Mass. 
Archives, 
ccxvi., 236. 

Legislative 
Records of the 
Council, 
xxxviii., 219. 



The Com''^ of both Houses, appointed to consider the Resolu- 
tions of the General Court respecting a Detachment from the 
Boston Reg* on a secret Expedition and whether that part of the 
s** Detachment who were order*^ to Duty on the Boston Station, 
are intitled to the Bounty promised to those who should go on the 
s,^ Expedition report, as their Opinion, that the s'' Detachment, 
who were order*^ to Duty on the Boston Station, are not by the 
s'' Resolves intitled to the s^ Bounty. 
In Council 

Read & Accepted 

Sent down for Concurrence 

In the House of Representatives 

Read & concurred. [Passed January 10.^ 



CHAPTER 591. 



Legislative 
Records of the 
Council, 
xxxviii., 225. 
Mass. 
.\rchives, 
cfvvi., 237. 



RESOLVE RELATING TO THE EMBARKATION OF BURGOYNE'S 

TROOPS. 

The Committee of both Houses appointed to consider what 
Regulations are proper to be made with respect to the embarka- 
tion of the Troops late under the Command of General Burgoyne, 
and also to consider a Letter from General Heath take leave to 
report the following Resolve B. Greenleaf ^ order. 

1 This date is January 9 according to Legislative Records of the Council. 



[5th Sess.] Resolves, etc. — 1777-78. 231 

Resolved that the Major part of the Council be desired to issue Mass. 
their Orders to the Colonels Hatch Mlntosh Gill Cushing Thayer th^^.%; 
Thacher Brooks & Fox to hold their respective Regiments in readi- ^''.^\' ^^1- 
ness to march on the shortest Notice well equipd as the Law di- Records of the 
rects and with six days provision, And that the major part of the ^"m'Szo. 
Council require those Regiments or such part or parts of them as 
may be necessary to march at such times & to such places as they 
may judge proper, to prevent those Troops or any others of the 
British Army or Navy who may arrive here committing Outrages 
while they may continue within the Limits of this State and to see 
that General Burgoyne & his Troops are embark'd in a regular 
& orderly manner; and that they be receivd at Charlestown in 
sutable Vessells or Boats and thence carried directly on board the 
Transports in Nantasket Road when they shall be there in readi- 
ness to receive them And that the Militia so calld out be put under 
the Command of Major-General Heath & be subject to such Orders 
as they from time to time shall receive from him, And that the 
British Ships & Transports when they arrive for the reception of 
the Troops be stationd agreeably to an Order of Council of Dec' 
13, which is herewith exhibited and that all the Regulations therein 
express'd be duly observd. 
In Council 

Read & Accepted 

In the House of Representatives 

Read & concurred. [Passed January 10. 



CHAPTER 592. 

RESOLVE IMPOWERING THE TREASURER TO RECEIVE BILLS OF 
CREDIT FROM SHERIFFS, CONSTABLES AND COLLECTORS OF 
TAXES. 

Whereas it is represented to this Court that several Sheriffs in Legislative 
this State are possess'd of considerable Sums of Bills of Credit coSncIf,"^ *''" 
emitted by this State, which they receiv'd from delinquent Con- ^viii.,'226. 
stables & Collectors upon Executions awarded against them, which Archives, 
was receivd on or before the first Day of December last past, & <"'''^'- 243. 



which they were not able to pay into the Treasury by the said v™82rn^^^' 
first Day of December, & no Provision is made to empower the 
Treasurer to receive said Sums in discharge of said Executions. 

Therefore 

Resolved That the Treasurer of this State be & he hereby is 
impowered and directed to receive of the Several Sheriff's within 
this State or their respective Deputys, all such Sums of Bills of 
Credit emitted by this State which they have received from any 
Constable Collector or other Person by Vertue of any Execution 
issued from the Treasurers Office, provided the said Sheriff or 
Deputy Sheriff shall pay the same into the said Treasurers Office 
on or before the first Day of April next, & shall make Oath that 
such Sum by him offerd to be paid in as aforesaid was Bona Fide 
received in Discharge of such Execution, & was receiv'd on or 
before the first Day of December last past, any Law or Resolve to 
the Contrary notwithstanding. And Whereas some Constables & 
Collectors in the distant Parts of this State for want of timely 
Intelligence & Notice of the Act for calling in the Bills of Credit 
emitted by this State, have received divers Sums thereof in Dis- 
charge of Taxes after the said first Day of December. Therefore 

Resolved That the Treasurer of this State be and he hereby is 
further impower'd and directed to receive from any Constables 



232 



Resolves, etc. — 1777-78. [Chaps. 593-595.] 



and Collectors such Sums of Bills of Credit emitted by this State 
which they received for Taxes after the said first Day of Decem- 
ber last, provided such Constable or Collector shall make oath 
that the same was received before he was inform'd of the Time 
limited for receiving the same for Taxes, & provided the same be 
paid into the Treasury on or before the first Day of April next any 
Law or Resolve to the Contrary Notwithstanding. [Passed Jan- 
uary 12. 



CHAPTER 593. 



Legislative 
Recorda of the 
Council, 
zxxviii., 227. 
Mass. 
Archives, 
cc-xvi., 241. 



RESOLVE ON THE PETITION OF NATHANIEL PREBBLE AND OTHERS. 

Upon the Petition of Nath'' Prebble & others a Committee of 
Frenchmans Bay praying for some Assistance under their Mis- 
fortunes. 

Resolved That the Board of Warr be and they are hereby 
directed to order Thirty barrells Beef & Five Teirces of Rice to be 
deliver'd to Nathaniel Prebble & others a Committee from French- 
mans Bay for the Use of the Inhabitants of said place, the said 
Prebble & others giving their Obligation to the Board of Warr to 
deliver to them or their order Wood or Lumber as y® s*^ Board 
may chuse at y® Market price, in pay for the above Provisions, on 
or before the last Day of April next. [Passed January 12. 



CHAPTER 594. 



RESOLVE IMPOWERING BETSY JOHNSON, ADMINISTRATRIX, TO 
SELL REAL ESTATE. 



IjCgislative 
Records of the 
Council, 
xxxviii., 228. 
Mass. 
Archives, 
ccxvi., 239. 



On the Petition of Betsy Johnson Administratrix on the 
Estate of y® Rev** Daniel Johnson late of Harvard dec^*^ 

Resolved That the Prayer of the Petition be granted and that 
the Petitioner be and She hereby is Impowered to make Sale of all 
the Real Estate therein mentioned for the most it will fetch, and 
make and Execute a Good Deed or Deeds to the Purchaser or 
Purchasers, She Observing the Rules and Directions of the Law 
Relating to the Sale of Real Estates by Executors and Adminis- 
trators and Giveing Bond to the Judge of Probate for the County 
of Worcester that the Proceeds Arising by Such Sale, Shall be 
Applied for the Benefit of the Heirs at Law of the Deceased in the 
Same Proportion as tho the Same had Not been Sold &c. [Passed 
January 12. 



CHAPTER 595. 



Legislative 
Records of the 
Council, 
jpcxviii., 228. 
Mass. 
Archives, 
ccxvi., 240. 



RESOLVE DISCHARGING MAJOR GEN'' HANCOCK FROM THE DUTY 
ENJOINED BY RESOLVE OF NOVEMBER 29, 1777. 

Whereas on the 29: Day of November, 1777 this House pass'd 
a Resolve directing the Hon'''" Major General Hancock to order & 
appoint a general Court Martial to try Joseph Palmer Esq, who 
was appointed & acted as a Brigadier General of the Militia of 
this State in the late intended Expedition against the Enemy 
at Rhode-Island; and who is accused of Disobedience to General 
Spencers Orders of the ninth & fifteenth of October last &c* 

And Whereas it appears to this Court that the Honorable the 



[5th Sess.] Resolves, etc. — 1777-78. 233 

Continental Congress have taken up the Matter, & on the 12: 
day of December 1777 Resolved that five Commissioners be ap- 
pointed, & that they or any three of them be impowered to con- 
duct the Enquiry into the Causes of the Failure of the Expedition 
against Rhode Island & into the Conduct of the General Officers 
conducting said Expedition &c% by which Resolve of Congress the 
ordering & appointing the general Court Martial above mentioned 
is rendered unnecessary Therefore 

Resolved that Major General Hancock be, and he is hereby dis- 
charged from the Duty enjoyned him in Consequence of the Reso- 
lution of this Court of November 29"' last, referred to as above. 
[Passed January 12. 



CHAPTER 596. 

RESOLVE ALLOWING £150 TO THE COMMISSIONERS APPOINTED TO 
MEET IN CONVENTION AT NEW HAVEN. 

Resolved that there be advanced & paid out of the Treasury of j^lor^gofthe 
this State the Sum of one hundred & fifty pounds to the commis- Council, 
sioners appointed by this Court to meet at New-Haven with like ^^'"■' 
commissioners who may be appointed by other States to consult ^^"^I'^lls 
on such Matters as are recommended by the late Resolutions of 



the Hon'''*' Congress to be there considered And that said Com- Records of the 
missioners lay before this Court, as soon after their having finished x^^^m"!' 222 
the business assigned them as may be, their account of the sum 225. 
or sums by them expended in accomplishing said Business, in 
order that they may be discharged thereof and have a resonable 
allowance made them for the services they shall have performed. 
{Passed January 12. 



CHAPTER 597. 

RESOLVE ON THE PETITION OF INHABITANTS OF WEST SPRING- 
FIELD. 

Whereas on the Petition of a number of the Inhabitants of jf ^'^^j*'^? ^h 
West Springfield of which the Rev*^ M'' Mackinstry is Pastor, Council, 
Praying that they may be incorporated into a distinct Parish, ""^'"•' ^^^" — 
which was presented to this Court in September last past; there 
have been two Orders that the Parish aforesaid should be notified 
to shew Cause, if any they have, why the prayer thereof should 
not be granted; both of which Orders have failed of being exe- 
cuted. Therefore 

Resolved That the said Petitioners notify the said Parish to shew 
Cause, if any they have, on Tuesday the Tenth Day of February 
next if this Court should then be sitting, otherwise on the second 
Wednesday of the next sitting of this Court, why the prayer of 
the Petitioners should not be granted, by leaving a Copy of said 
Petition together with a Copy of this Resolve, at least fifteen 
Days before the said Tenth of February next, with the Clerk of 
said Parish. [Passed January 12. 



234 



Resolves, etc. — 1777-78. [Chaps. 598, 599.] 



CHAPTER 598. 



VOTE GIVING INSTRUCTIONS TO THE COMMISS^^ APPOINTED TO 
MEET AT NEW HAVEN. 



Legislative 
Records of the 
Council, 
xxxviii., 230. 
Mass. 
Archives, 
cxlii., 121-123. 



The Committee of both Houses take leave to report the draft 
of Instructions to the Gentlemen appointed to meet Commissioners 
at New Haven agreeable to a late Resolution of Congress, here- 
with exhibited B. Greenleaf ^ Order 

To the Hon' Thomas Gushing Robert Treat Paine & Elisha 
Porter Esquires 

Gentlemen 

Reposing special Trust & Confidence in your Wisdom, Prudence 
& Fidelity, We have in pursuance of a Resolve of The Hon'' Con- 
tinental Congress passd the 22** of No\'^ last appointed you Com- 
missioners, And do accordingly authorize you or any two of you 
to meet the Commissioners from the States of New Hampshire 
Rhode Island & Providence Plantations, Connecticut, New York, 
New Jersey, Pennsylvania & Delaware, at New Haven on the 
15"^ day of this Instant January, and with them or a majority of 
them deliberate upon and devise the most prudent & effectual 
measures possible for the promoting those valuable purposes men- 
tiond by the Hon" Congress and which not only they but all good 
men most earnestly desire, namely, that our Army may be fur- 
nishd with sutable Cloathing & other Necessaries, and have the 
satisfaction of feeling that full Justice is done to them & their 
families, from whence we may hope for the most happy Conse- 
quences; That all monopolisers. Oppressors, Sharpers, Forestallers 
& Extortioners may be discountenancd & suppress'd, that so it 
may no longer be in their power to distress the Public or destroy 
a great part of the Individuals that compose it. 

And you will carefully attend to everything that may have a 
Tendency to promote the Wellfare & happiness of the whole & of 
every part of the Community, which from the nature of your Ap- 
pointment is proper for your Consideration You will make return 
of your doings as soon as it can be done with Convenieney. 
In Council 

Read & accepted 

In the House of Representatives 

Read & concurred. [Passed January 13. 



CHAPTER 599. 



APPOINTMENT OF JACOB DAVIS AS LIEUT. COLONEL AND TIMOTHY 
NEWELL AS l^'^ MAJOR OF THE 5™ WORCESTER COUNTY REGI- 
MENT. 



if^o'dsof the ^^ *^^ House of Representatives 

Council, The House made choice by ballot, of Jacob Davis as Lieut 

xxxviii.. 230. Colonel & Timothy Newell first major of the fifth Regiment of 
Archives, militia, in the County of Worcester. 

In Council 
Read & Concurred. [Passed January 13. 



ccxvi.. 248. 



[oTH Sess.] Resolves, etc. — 1777-78. 235 



CHAPTER 600. 

APPOINTMENT OF NATHANIEL HEALY AS 2'' MAJOR OF THE 5™ 
WORCESTER COUNTY REGIMENT. 

In the House of Representatives. 

The House made choice by ballot, of Nathaniel Healy as Legislative 

second Major of the fifth Regiment of Militia in the County of councif,*' * * 
Worcester in the room of Timothy Newell elected first Major. ISJs"'"^^*' 

In Council Archives, 

Read & Concurred. [Passed January 13. ccxvi^^ — . 



CHAPTER 601. 

RESOLVE ON THE PETITION OF WILLIAM BLAIR TOWNSEND. 

Upon the Petition of William Blair Townshend praying Legislative 
Allowance of Six ^ Cent. Interest on a Note signed by the late coundf, °^ *''^ 
Treasurer Gray &c Mas^s"'" "^^' 

Resolved That Henry Gardner Esq"^ Treasurer of this State be Archives. 
& he hereby is directed to pay to William Blair Townshend in '^'^''"^'•' -^" 



Behalf of his Children One Years Interest at Six ^ Cent on a Note ^^^^p®^\,gg 
given by Harrison Gray, late Treasurer, to Mary Hubbard the ccxvi., 250. 
ninth Day of August 1773 for five hundred pounds payable only xiI°r64o! chaif.' 
with five ^ Cent Interest. [Passed January 13. *s*- 



CHAPTER 602. 

RESOLVE ON THE PETITION OF DOCT« JOSEPH GARDINER. 

Upon the Petition of D'' Joseph Gardiner praying that he Legislative 
may have the Manufactory House in this Town for an Hospital coundf"^""" 
for Cop Craft's Reg' E"'"^'' 

Resolved that the Petitioner be & he hereby is impower'd to pro- Archives, 
cure upon the most reasonable Terms a proper House for an Hos- ccxvi.,251. 



pital for Col" Craft's Reg' & that the Commissary General be & ^^^^fhive- 
he hereby is directed to make suitable Supplies of Provision & ccxvi., 252 
other necessaries for s*^ Hospital. [Passed January 13. 



CHAPTER 603. 

VOTE ON THE PETITION OF DANIEL MCNEILL AND THOMAS HARRIS. 

Upon the Petition of Daniel M'^Neill & Thomas Harris setting Legislative 
forth their having Entred into Bonds with this Court for the g^;^°';'|f °^ *''^ 
prosecuting a Cruise for Twenty five days under the Command xxxviii.,'231. 
of Cap'' John Manley, and for which they gave Bonds to the Ar^cWves, 

amount of six thousand pounds, which Bonds are put in suit and ccxvi., 253. 

the Cause is now pending before the Court of Comon Pleas for ^ass. 

■*■ <-> Arc 'lives 

the County of Suffolk. The said Court is hereby required to Con- ccxvi., 25'4-259. 
tinue the Action untill the Next Term, to the End that the parties rix°y9i3!S)'' 
may have an Oppertunity to settle the same in the manner that i^^^- 
has been proposed if they see fitt. [Passed January 13. 



236 



Resolves, etc. — 1777-78. [Chaps. 604-606.] 



CHAPTER 604 



RESOL\TE ON THE PETITION OF THOMAS FOSTER. 



Legislative 
Records of the 
Council, 
xxxviii., 232. 
Mass. 
Archives, 
ccxvi., 245. 

Mass. 
Archives, 
ccxvi., 246, 247. 



On the Petition of Tho* Fester Praying for allowance for 
Reciveing & Delivering the Powder belonging to this State 

Resolved that there be allowed and paid Out of the publick 
Treasure of This State to the Said Tho^ Foster the Sum of Eighty 
pounds in full for his Services in Reciveing & Delivering the 
Powder aforesaid to the T' Jan'' 1778, and that for the future 
said Forster render in to this Court an account of what powder 
he receives of private persons & the emolument thereon. [Passed 
January 13. 



CHAPTER 605. 



RESOLVE ON THE PETITION OF MARTHA COTTON. 



Legislative 
Records of the 
Council, 

xxxviii., 232. 
Mass. 
Archives, 
ccxvi., 261. 

Mass. 
Archives, 
ccxvi., 262. 
Province Laws, 
xviii., 778, 
chap. 136. 



On THE Petition of Martha Cotton praying that she may be 
admitted to re-enter an Action at the Next Superior Court of 
Judicature to be holden at Falmouth in the County of Cumber- 
land which Action she brought against Elisha Baker in the year 
1773. 

Resolved that the Prayer of said Petition be granted & that the 
said Martha Cotton be & She is hereby impowered to re-enter her 
said Action at the next Superior Court of Judicature to be holden 
at Falmouth in & for the said County of Cumberland on the next 
Tuesday after the fourth Tuesday of June next; And the Justices 
of said Court are hereby fully impowered & directed to hear said 
case make up Judgment for the sum that shall be found due, 
together with all reasonable Costs & charges the said Martha 
hath been at by means of said Action having been declared 
defaulted & award execution accordingly. And the Judgment 
already had by means of said default is hereby declared null & 
void. And the said Martha by herself or such person as she shall 
appoint shall be allowed to appear in, plead & prosecute said suit 
to final Judgment & execution. Provided that the said Martha shall 
notifie the said Elisha Baker of this suit by serving him with an 
attested copy of this order & the petition on which it is founded 
at least fourteen days before the said sitting of said Court. [Passed 
January 13. 



CHAPTER 606. 



RESOLVE ON THE REPORT OF THE SELECTMEN AND OVERSEERS OF 
THE POOR OF BOSTON. 



Legislative 
Records of the 
Council, 
xxxviii., 236. 
Mass. 
.Archives, 
ccxvi., 266. 

Mass. 
.\rciiives, 
ccxvi., 264. 



On THE Report of The Peace Officers Select Men and Over- 
seers of the Poor of the Town of Boston who were ordered to make 
Search thro' said Town for certain Purposes 

Resolved That Henry Doit who is returned in said Report as a 
Deserter from General Burgoyne's Army, be delivered to the' Order 
of Maj' General Heath; and that Mary Stanwix, Mary Wood and 
Henry Scott, who are returned in said Report, as Persons not 
able to give a satisfactory Account of themselves be dealt with 
by the Magistrates as the Law directs. [Passed January 14-^ 

1 This date is January 13 according to Legislative Records of the Council. 



[5th Sess.] Resolves, etc. — 1777-78. 237 



CHAPTER 607. 

RESOLVE RELATIVE TO PROVISIONS SUPPLIED NATHANIEL PREBBLE ^^islative 
AND OTHERS OF FRENCHMAN'S BAY. Councif, 

xxxviii.,'233. 

Resolved that the Board of War be & they here})y are directed, Archives, 
to Recive The pay for eeartin Provisions Supplied Nath" Prebble f^xvi., 2(i7. 
& others for The Inhabitants of Frenchnians Bay at Some Con- 
venient Landing in said Frenchmans Bay. [Passed January 1^. 



CHAPTER 608. 

RESOLVE ON THE PETITION OF SAMUEL FISK. 

On the Petition of Samuel Fisk, of Watertown. in the County Legislative 
of Middlesex Esq^ Guardian of Jeremiah Fowle Lucy Fowle and counelr**''^ 
Samuel Fowle all of said Watertown, minors, praying that he may ?F^''"' -^*- 
be impowerd to give and execute a Deed of their Right in & unto Archives, 
a certain Piece of Wood Land containing ten Acres, situate in '^'^^^^- "^^■ 



Newton in said County ^ ^ _ Ar^chives, 

Resolved That the Prayer of said Petition be so far granted, as ccxvi., 269. 
that the Petitioner be and he is hereby empowered to join with 
the other Owners of said Tract of Land in the execution of a 
Deed thereof to any Person or Persons, He the said Samuel Fisk 
giving Security to the Judge of Probate for said County to ac- 
count with him for the proceeds of such Sale for the Use of said 
minors. [Passed January 14- 



CHAPTER 609. 

RESOLVE FOR. PREVENTING INIMICAL PERSONS FROM RETURNING 

TO THIS STATE. 

Whereas it has been represented to this Court that many Legislative 
persons inemical to the Cause of the American States who went §oy°c'if °^ *^^ 
off from this State with Gen^ How at the avacuation of Boston, xxxviii.,'234. 
or at other Times to our enemies are attempting to Come into this Anfhives, 
State from places now in Possession of our enimies therefore to ccxvi., 2/0. 
prevent the Evills which may arise from Such attempts being put 
in execution it is 

Resolved that the Hon**^ Councill be & they are hereby desiered 
to write to Gover'' Cooke of The State of Rhode Island & to Gen^ 
Spencer commanding the Troopes in the service of the American 
States doing duty there, desiering Them to prevent any person 
from returning into this State who Left it as aforementioned with- 
out The Leave of the General Court of This State, and That the 
Hon''' Councill be further desiered to take all Such further Steps 
to prevent the Return from any other place whatever of any per- 
son who Left The State as aforesaid unless Such return be by the 
Leave or permission of the General Court. [Passed January 15. 



238 



Resolves, etc. — 1777-78. [Chaps. 610-613.] 



CHAPTER 610. 



Legislative 
Records of the 
Council, 
xxxviii., 235. 
Mass. 
Archives, 
ccxvi., 271. 



RESOLVE IMPOWERING THOMAS CRANE, ESQ^, TO REFER THE 
ACTION COMMENCED AGAINST THOMAS HARLING. 

Resolved That Thomas Crane Esq' be and he is hereby im- 
powerecl to submit to the Determination of Referees by a Rule of 
Court the Action or Suit commenced in Behalf of this State 
aj,^ainst Thomas Harling, which Action is now pending at the 
Inferiour Court of Common Pleas for the County of Suffolk. 
{Passed January 15. 



CHAPTER 61 1. 



Legislative 
Records of the 
Council, 
xxxviii., 236. 
Mass. 
Archives, 
ccxvi., 274. 

ProWnce Laws, 
v., 734, chap. 
7; 821, note. 



RESOLVE DIRECTING THE TREASURER TO STAY EXECUTIONS 
AGAINST DELINQUENT CONSTABLES AND COLLECTORS OF 
TAXES. 

^YHEREAS some of the Constables & Collectors of Publick Taxes 
in sundry towns in this State (from not having timely received 
the Act for calling in the bills of C Emitted by the State) have 
neglected sending Certificates of their having received said Bills 
for publick Taxes before the first day of December 1777, Agreably 
to an Act of the Gen^ Court for Calling in said Bills and as the 
Treasurer of this state is Ordered to Isue his Executions Against all 
delinquent Constables & Collectors of such Publick Taxes Therefore 

Resolved 

That the Treasurer of this State be, & he hereby is Impowered 
& directed to Stay his Excecutions against any Constables or Col- 
lectors of Publick Taxes for the year 1776 for the Space of forty 
days from the Date of this Resolve, any Act or resolve of the Gen- 
eral Court to the Contrary notwithstanding. [Passed January 16. 



CHAPTER 612. 



lyCgislative 
Records of the 
Council, 
xxxviii., 237. 
Mass. 
Archives, 
ccxvi., 273. 



RESOLVE RELATIVE TO AN ALLOWANCE TO NON-COMMISSIONED 
OFFICERS IN CONTINENTAL ARMY. 

Whereas Doubts have arisen respecting the Allowance made by 
a Resolve of this Court of the 15* of Ocf^ last, to Soldiers who 
march'd to reinforce the Continental Army at New York Ticon- 
deroga & elsewhere for their Sickness, Losses &c. 

Resolved that the said Resolve of the 15"" Oct' last shall be 
construed to extend to the Noncommissioned Officers as well as 
Soldiers belonging to this State, who march'd to reinforce the Con- 
tinental Army at New York, Ticonderoga or elsewhere. [Passed 
January 16. 



CHAPTER 613 



Legislative 
Records of the 
Council, 
xxxviii., 238. 
Mass. 
Archives, 
ccxvi., 281. 



ORDER APPOINTING JOHN GREENOUGH, ESQ«, ON CONr^ OF 

ACCO'^^ 

Ordered That John Greenough Esq' be on the Com"" for pre- 
paring the Accounts of this State against the United States in the 
Room of 1\I' Joseph Henderson who declines serving. [Passed 
January 17. 



[5th Sess.] Resolves, etc. — 1777-78. 239 



CHAPTER 614. 

RESOLVE DIRECTING THE BOARD OF WAR TO PROCURE MATERIALS 
FOR BUILDING TWO ARMED VESSELS. 

Whereas by a Resolve of the Gen^ Court passed the sixth clay Legislative 
of August last the Board of War were impowered and directed council^, "^ ^'^^ 
to purchase or Build two armed Vessels to be employed in the ^p^'"- ^^s- 
Service of this State, and whereas it appears to this Court, that Archives, 

the size & dimensions of the two armed Vessels mentioned in said ccxvi., 282. 

Resolve are too large to answer the purposes for which said Ves- 
sels were intended therefore 

Resolved that the said Resolution passed the 6"^ day of Aug" last 
be and hereby is revoked and declared Null and Void and that the 
Board of War be, and they hereby are impowered and directed 
forthwith to procure suitable Materials for Building and Arming 
two Vessels to Mount Sixteen or Twenty guns each. [Passed Ja7i- 
uary 17. 

CHAPTER 61 5. 

RESOLVE DIRECTING THE BOARD OF WAR TO PAY INTO THE 
TREASURY ALL THE BILLS OF CREDIT EMITTED BY THIS STATE 
IN THEIR POSSESSION. 

Resolvrd that the Board of War be & they are hereby directed Rg^o'jgofthe 
to pay into the publick Treasury of this State all the Bills of Council, 
Credit emitted by this State which are ordered to be called in also j^Jg"" '^^^' 
all bills purporting to be such Bills of Credit tho' counterfeit in Archives,_ 
their possession, provided they are possessed of such Bills in either 



of the aforesaid Cases in their capacity of a Board of War of this v!^°734.*^chaix'*' 
State. And the Treasurer is hereby directed to give two Receipts liglil notes 
for each sum so received distinguishing therein whether the Money 
for which it is given is good or bad one of which Receipts to be 
lodged in the Secretary's Office. [Passed January 17. 



CHAPTER 616. 

RESOLVE ALLOWING £2,000 TO THE COMMITTEE FOR FORTIFYING Legislative 

BOSTON HARBOUR. Records of the 

Council, 
xxxviii., 238. 

Resolved that there be paid out of the Treasurey of this vState to ^'*''^- 
the Committee for Fortifying the Harbour of Boston the Sum of ccxvi., 276. 
Two Thousand Pounds they being accountable to this Court for 
the Expenditure of the Same. [Passed January 17. 



CHAPTER 617. 

RESOLVE DIRECTING THE TREASURER TO RECEIVE ALL THE BILLS 
OF CREDIT IN POSSESSION OF NATHANIEL APPLETON, COMMIS- 
SIONER OF THE CONTINENTAL LOAN OFFICE. 

Whereas Nath" Appleton Esq/ Commissioner of the Conti- Legislative 
nential Loan office in this State has Informed this Court by his c^ctf °^*'*^ 
Memorial of the first of December Last that he has by him a xxxviii.,' 239. 
Quantity of Bills of Credit issued by this State, which he re- Ar^'chives, 
cived for Continential Loan Certificates issued by him for the use ccxvi., 279. 



240 



Resolves, etc. — 1777-78. [Chaps. 618-620.] 



Mass. 
Archives, 
ccx^i., 280. 



of the United States, which Bills are now rendered useless to Said 
Commissioner for the purposses for which it was recived therefore 
Resolved that the Treasurer of this State be & he hereby is di- 
rected to recive of the Said Commissioner in this wState all the 
bills of Credit emitted by this State that he has on hand, which 
were recived by him in behalf of the United States & the Treas- 
urer is hereby directed to deliver to Said Commissioner Continen- 
tial Bills of Credit to the Same amount. [Passed January 17. 



CHAPTER 618 



Mass. 
Archives, 
ccx\4., 310. 

Mass. 
Archives, 
ccxvi., 309. 



ORDER APPOINTING A COMMITTEE TO CONFER WITH GEN. HEATH 
CONCERNING THE BURGOYNE PRISONERS. 

In the House of Representatives 

Ordered that Coll Sartell M"" Choate Cap' Washburn and M' 
Wendell with such as the Hon Board shall join be a Committee to 
confer with General Heath on the subject of the Officers of Gen- 
eral Burgoynes late xVrmy now Prisoners at Cambridge having 
their Fusees, & of the Resolve of Congress for taken a description 
of said Prisoners, and to consider at large what is proper to be 
done to secure this State from the danger to which it may be 
exposed on Account of these Prisoners being in this State. 
In Council 

Read & Concurrd and Walter Spooner Moses Gill & Tim*' 
Danielson Esq" are joynd. [Passed January 17. 



Legislative 
Records of the 
Council, 
xxxviii., 236. 
Mass. 
Archives, 
ccxvii., 192. 



CHAPTER 619. 

ORDER ON THE PETITION OF ANN CROSBY AND OTHERS. 

The Com'''^ of both Houses on the Pet" of Ann Crossby and 
others have attended that Service and heard the Petitioners, the 
Adverse Party not Present, nor Doth it appear that the s*^ Adverse 
party was Notified agreeable to Order therefore Y"^ Com'** Beg leave 
to Report the following order Viz; 

On the Petition of Ann Crosby & others praying the Court to 
make valid a Copy of the last Will & Testament of Joseph Crosby 
late of Braintree deceas** for reasons offerd. 

Ordered That the Petitioners, or some one of them Notifie the 
Heirs of the Estate Mentioned in s** Petition, who are not Peti- 
tioners, by serving them with an Attested Copy of their Petition, 
wnth this Order of Court thereon. That they Shew cause (if any 
there be) on Tuesday the 27"' Day of this instant, why the Prayer 
thereof should not be Granted. [Passed January 19.^ 



CHAPTER 620. 



Legislative 
Uc<!ords of the 
< V)uncil, 
xxxviii., 239. 
Mass. 
Archives, 
ccxvi., 285. 



RESOLVE FOR THE DEFENCE OF DARTMOUTH AND PLACES 

ADJACENT. 

The Committee of both Houses to whom was referred the Con- 
sideration of the Petition of the Town of Dartmouth and the 
Letters accompanying beg leave to report the following Resolves 

Resolved That the Garrison on Accu.shnet River in the Town of 
Dartmouth be reinforced with one Captain and fifteen privates 

' This date is January 16 according to Legislative Records of the Council. 



[5th Sehs.] Resolves, etc. — 1777-78. 241 

to be upon the Sea Coast Establishment Said Officers and Soldiers ^fr^^^y^gg 
to continue in Service to the first Day of Decern' next unless cixxxiii., 362- 
sooner Discharged, and Col" Pope of Dartmouth is hereby Dircted ^^^" 
to nominate a Captain to enlist the aforesaid Soldiers immedi- 
ately and when They shall enlist the fifteen Men for the purpose 
aforesaid the said CoP shall recommend them to the Council of 
this State that they may be Commissioned accordingly. 

And it is further 

Resolved that the Council be and they are hereby requested to 
order Col" Craft to detach the Comissioned Officers of one Company 
in his Regiment, and Twenty Matrosses with a proper proportion 
of noncommissioned Officers & march them immediately to Dart- 
mouth there to continue and be in Service for the Defence of the 
Town of Dartmouth and other Places adjoining, till the further 
Order of This Court, under the Command of the aforesaid Col" 
Pope & that the said Col" Craft be directed to furnish the said 
Company with four field Pieces ammunition, &'' for the aforesaid 
Service. And the Officers that shall be so detached are hereby 
order** and directed to fill up their Company by Enlistment to the 
Number of fifty to continue and be in service for the Defence of 
Dartmouth & places Adjoining to the first Day of Decem'' next 
unless sooner discharged, and be on the same Establishment with 
the Matrosses under Col" Craft^ immediate Command Excepting the 
Bounty, That the Town of Dartmouth and The Harbours There may 
be render** less the Object of our Enemies attention. It is further 

Resolved That the Select Men and Committee of Safety &c of 
the said Town of Dartmouth are hereby order** immediately to 
Cause all the Goods wares and Merchandises that they may think 
proper to answer the aforesaid purpose, being private property not 
absolutely necessary for the Subsistence of the Inhabitants and 
other People there doing Business kept or Stored or that may be 
hereafter stored in said Town the Property of said Inhabitants 
or any other private Persons, to be re[moved] ^ into the Country 
to some safe Place, by posting up a Copy of this Resolve in some 
public place in said Town or otherwise notifying the owners of 
Goods Stored in said Town immediately to remove the same as 
aforesaid; and if the owner or owners shall neglect so to remove 
his or Their Goods for the space of Two Days after Notice as 
aforesaid, the Select Men and Committee aforesaid are hereby 
impower** to hire, or if necessary to impress Teams or Vessells, 
immediately to convey the Goods as aforesaid; and The Cost 
and Charges arising from such Conveyance shall be immediately 
paid by the owner or Owners of said Goods, otherwise the said 
Select men & Committee are hereby impowerd to sell a Quantity 
of Such Goods sufficient to pay the Cost of such Removal provided 
the Goods so removed be private Property; & all such Goods as 
are the property of This State or the United States the Continental 
Agents Board of War or other persons haveing the Care of them 
are desired to remove as soon as may be 

And it is further 

Resolved that the Council be requested to direct the said Col" 
Pope to Issue his orders to the several Captains commanding Com- 
panies in his Regiment to take especial Care Their respective Com- 
panies are well ec^uipped and in Constant readiness on the Shortest 
Notice to turn [out on alarm in the Defence of the Town and]^ 
Harbours of Dartmouth and Places adjoining. 
In the House of Representatives 

Read & pass'd 
In Council 

Read and Concurred. [Passed January 19. 



242 



Resolves, etc. — 1777-78. [Chaps. 621-625.] 



Legislative 
Records of the 
Council, 
xxxviii., 241. 
Mass. 
Archives, 
ccxvi., 289. 

Mass. 
.\rchives, 
ccxvi., 290. 
ProNince Laws, 
xviii., 538, 
chap. 14. 



CHAPTER 621. 

RESOLVE GRANTING £80 TO CAPT. JOHN PHILIPS AS A GRATUITY. 

Resolved that there be granted and allowed to be paid out of 
the public Treasury to John Philips Esq"" late Captain of Castle 
William the Sum of Eighty Pounds, as a Gratuity in Considera- 
tion of the extraordinary Services performed by him while in that 
Office. [Passed January 19. 



CHAPTER 622. 



Legislative 
Records of the 
Council, 
xxxviii., 242. 
Mass. 
Archives, 
ccxvi., 291. 

Province Laws, 
xviii., 534, 
chap. 7. 



RESOLVE GRANTING £16. 13. 4 TO JOHN BROCK IN ADDITION TO HIS 

PENSION. 

Resolved That there be granted and allowed to be paid out [of] 
the public Treasury annually to John Brock late Gunner on Castle 
William, the Sum of Sixteen pounds thirteen Shillings & four 
pence in addition to the annual Pension which he receives from 
this Government. [Passed January 19. 



CHAPTER 623 



Legislative 
Records of the 
Council, 
xxxviii., 242. 
Mass. 
Archives, 
ccxvi., 292. 



RESOLVE ALLOWING £100 TO THE PROFESSOR OF MATHEMATICS 
AT HARVARD COLLEGE. 

Resolved that there be Granted and Allowed to be paid out of 
the public Treasury to John Winthrop Esq' L.L.D. Hollisian Pro- 
fessor of Mathematics and Natural Philosophy at Harvard College, 
the Sum of One Hundred Pounds in Consideration of his faithful 
- Services for one Year ending the Thirteenth day of January Cur- 
rent. [Passed January 19. 



CHAPTER 624. 



Legislative 
Records of the 
Council, 
xxxviii., 242. 
Mass. 
Archives, 
ccxvi., 293. 



RESOLVE ALLOWING £50 TO THE PROFESSOR OF HEBREW AT HAR- 
VARD COLLEGE. 

Resolved that there be granted and allowed to be paid out of the 
Publick Treasury to M'' Stephen Sewall, Hancock Professor of the 
Hebrew and other Oriental Languages at Harvard College, the 
Sum of Fifty Pounds in Consideration of his Services for one Year 
ending the first Day of January current. [Passed January 19. 



CHAPTER 625. 



I^egislative 
Records of the 
Council, 
xxxviii., 242. 
Mass. 
Archives, 
ccxvi., 294. 



RESOLVE ALLOWING £200 TO THE PRESIDENT OF HARVARD 

COLLEGE. 

Resolved that there be granted and allowed to be paid out of the 
public Treasury the Sum of Two Hundred Pounds to the Rev^ 
M' Samuel Langdon, President of Harvard College, over and above 
the Rents of Massachusetts Hall, in consideration of his faithful 
Services for one Year ending the first day of January Current. 
[Passed January 19. 



{Sth Sess.] Resolves, etc. — 1777-78. 243 



CHAPTER 626. 

RESOLVE ALLOWING £100 TO THE PROFESSOR OF DIVINITY AT 
HARVARD COLLEGE. 

Resolved that there be granted and allowed to be paid out of the Legislative 
public Treasury to M' Edward Wigglesworth, Hollisian Prof essor g^f,°'"p^f °f *^^ 
of Divinity at Harvard College, the Sum of One Hundred Pounds 3«xviii.,'242. 
in Consideration of his faithful Services for one Year ending the Archives, 
First Day of January Current. [Passed January 19. ccxvi.. 295. 



CHAPTER 627. 

RESOLVE ALLOWING £245. 10 TO JOHN PECK FOR SERVICES IN CON- Legislative 
NECTION WITH CONSTRUCTION OF THE BRIGANTINE HAZARD. Records of the 

Council, 
xxxviii., 243. 

Resolved that there be Allowed & paid out of the Public Tres- ^'^^^•^ ^ 
sury of this State, Two hundred & forty five pounds ten Shillings, ccxvi., 296. 
to m"^ John Peck in full for his wages and Board, whilst modelling Province Laws, 
& attending on Building the Brigantine Hazard. [Passed Jan- l^- ^"^' •''^p- 
2iary 19. 

CHAPTER 628. 

RESOLVE ALLOWING £350 TO HONB^= WILLIAM GUSHING, ESQ", 
CHIEF JUSTICE. 

Resolved that there be granted and paid out of the Public Legislative 
Treasury, To the hon"'" William Cushing Esq^ Chief Justice of the coundf, °* ^''^ 
Superiour Court of Judicature &c, the Sum of Three Hundred and xxxviii. ,'243. 
Fifty Pounds, for his Services for one Year ending the first Day Archives, 
of January current. [Passed January 19. ccxvi., 297. 



CHAPTER 629. 

RESOLVE ALLOWING £300 TO HONB^ JEDEDIAH FOSTER, ESQ«. 

Resolved That there be granted and paid out of the Publick Legislative 
Treasury to the hon""' Jeddediah Foster Esq', one of the Justices coundr^ *^^ 
of the Superiour Court of Judicature &c, the Sum of Three Hun- '^''^"- 2^^- 
dred Pounds, for his Services ending the first Day of January Archives, 
current. [Passed January 19. ''°^' ' ^^^- 



CHAPTER 630 



RESOLVE ALLOWING £300 TO HONB'^^ NATHANIEL PEASLEY SER- 
GEANT, ESQ=. 

Resolved that there be granted and paid out of the Publick Legislative 
Treasury to the Hon''"' Nathaniel Peasley Sergeant Esq^ one of gXct°^*^^ 
the Justices of the Superiour Court of Judicature &c, the Sum of '"'''^"'- 2*^- 
Three Hundred Pounds, for his Services for one Year ending the Archives, 
first Day of January current. [Passed January 19. ccxvi., 299. 



244 



Resolves, etc. — 1777-78. [Chaps. 631-634.] 



CHAPTER 631. 



Legislative 
Records of the 
Council, 
xxxviii., 243. 



Archives, 
ccxvi., 300. 



RESOLVE ALLOWING £300 TO HONB''= JAMES SULLIVAN, ESQ". 

Resolved That there be granted and paid out of the Publiek 
Treasury to the hon''"'' James SulHvan Esq', one of the Justices of 
the Superiour Court of Judicature &c, the Sum of Three Hundred 
Pounds, for his Services for one Year ending the first Day of 
January current. [Passed January 19. 



Legislative 
Records of the 
Council, 
xxxviii., 244. 
Mass. 
Archives, 
ccxvi., 301. 



CHAPTER 632. 

RESOLVE ALLOWING £100 TO HONB^-^ DAVID SEWALL, ESQ". 

Resolved that there be granted and paid out of the Publiek 
Treasury to the hon'''" David Sewall Esq', one of the Justices of 
the Superiour Court of Judicature &c, the Sum of One hundred 
Pounds, for his Services for Four Months ending the first Day of 
January current. [Passed Jamiary 19. 



Legislative 
Records of the 
Council, 
xxxviii., 244. 
Mass. 
Archives, 
ccxvi., 283. 

Mass. 
Archives, 
ccxvi., 284. 



CHAPTER 633. 

RESOLVE ON THE PETITION OF COL^ WESSON AND LIEUT. COL^ 

BADLAM. 

On the Petition of Colonels Wesson and Badlam praying that 
the Officers of the Said Wessons and Colonel Bayleys Regiments 
raised by this State may be furnished with Cloathing at reasonable 
prices 

Resolved 

That the Board of War be and they hereby are Directed to 
Deliver unto the Petitioners a Sufficient Quantity of Cloathing for 
to furnish Each Officer in those two Regiments with one Suit at 
a reasonable price, takeing sufficient security from Said Petition- 
ers for the payment of the money which the Said Cloathing may 
amount to. [Passed January 19. 



Legislative 
Records of the 
Council, 
xxxviii., 244. 

Province Laws, 
v., 796, chap. 
28. 



CHAPTER 634. 

ORDER ON THE PETITION OF INHABITANTS OF THE PRECINCT 
ERECTED FROM WORCESTER, LEICESTER, SUTTON AND OXFORD. 

On A Petition of the Inhabitants of a Precinct lately erected 
out of the Towns of Worcester, Leicester, Sutton and Oxford, 
praying that they may be incorporated into a Town. 

Ordered That John Whetcomb Esq' M' Baker and M' Dix, 
be a Committee to repair as soon as may be to the Parish lately 
taken from the Towns of Worcester, Leicester, Sutton and Oxford, 
and at the expence of said Parish to examine the same; and if they 
shall judge that said Parish ought to be erected into a Town, 
then to fix the Lines and Bounchirics by which said Town shall 
be encircled, and to report to this Court the last Wednesday of 
February next, if this Court shall be then sitting, if not, the 
second Wednesday of the next sitting of the General Assembly: 
And the Petitioners are hereby Directed to furnish the several 



[oTH Sess.] Resolves, etc. — 1777-78. 245 

Towns of Worcester, Leicester, Sutton and Oxford, with this 
Order of Court, and the day on which the Committee of Court 
shall appoint to attend the business; to the end that the several 
Towns, if they think proper, by their Agent, may meet the Court's 
Committee, and enter their Objections, if they have any, accord- 
ingly. [Passed January 19. 



CHAPTER 635. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF METHUEN. 

On the Petition of a number of Inhabitants of the Town of Legislative 

^ , . , , n- !• • 1 Kecords of the 

Methuen, praying they may be set on from paymg to the support Council, 
of the Reverend M^ Sergeant. '^'"^'''- -^'- 

Resolved That the Petitioners serve the Town-Clerk of Methuen, 
fifteen Days before the second Wednesday of the next sitting of 
the General Court, with a Copy of their Petition, and Resolve 
of Court, that said Town of Methuen, on the second Wednesday 
of the next Sitting of the General Court, shew Cause, (if any they 
have) why the prayer of the Petition should not be granted. 
[Passed January 19. 



CHAPTER 636. 

ORDER APPOINTING A COMMITTEE TO CONSIDER WHAT IS TO BE 
DONE CONCERNING SUSPICIOUS PERSONS. 

In the House of Representatives 

Ordered that M"^ Wood, M'' Jeffries and M'' Greenleaf, with such Mass. 
as the Hon Board shall join, be a Committee to consider what is ccxV., 288. 
proper to be done with respect to those Persons who were lately 
apprehended by the Peace Officers of the Town of Boston; Also 
to consider what is proper to be done for the security of the In- 
habitants of that Town & the neighboring Towns, And to bring in 
a Resolve for preventing Persons from passing through any Town 
in this State without a Pass. 
In Council 

Read & Concurred & Jn° Taylor & Benj. iVustin Esq" are 
joined. [Passed January 19. 



CHAPTER 637. 

ORDER PERMITTING REV. DOCT^ MATHER AND WIFE TO TAKE 
POSSESSION OF THE HOUSEHOLD GOODS OF GOV« THOMAS 
HUTCHINSON. 

Whereas by a Resolve of the General Court of the 8"" July Legislative 
1776 for Reasons therein mentioned, leave & Liberty was granted coundf °^ "^''^ 
to M""' Mather (Wife of Rev*^ D' Mather) to take into her posses- xxxviii.,'241. 
sion such of the Houshold Goods of her Brother (the late Gov"" Anfhives, 
Hutchinson) as she might stand in need of, whether in the posses- ccxvi., 3 02. 



sion of Cop Taylor or the Committee of Milton, or elsewhere; Province Laws, 

k 1 • t 111 • 1 • XIX,, oio, cnfl-p. 

And as it appears that some doubts have arisen as to the meaning 205. 
& Intent of that Resolve, It is hereby 

Ordered That the Rev" D' Mather & M" Hannah Mather (his 
Wife) have full leave to take into their hands & safe keeping untill 



246 



Resolves, etc. — 1777-78. [Chaps. 63S, 639.] 



the further Order of the Gen' Court, all the Houshold Gopds of 
her s'^ Brother not disposd of by any special order of the Gen' 
Court and exhibit a true Inventory thereof into the Secretarys 
Office as soon as may be; And all persons who have in their pos- 
session any of the Houshold Goods of the s*^ M' Hutchinson not 
dispos'd of by any special Order of the General Court are hereby 
required to deliver the same to the s** D' Mather & Wife, or to 
their Order. [Passed January 20.^ 



CHAPTER 638 



Legislative 
Records of the 
Council, 
xxxviii., 245. 
Mass. 
Archives, 
ccxvi.. 303. 

Mass. 
Archives, 
ccxvi., 304. 



RESOLVE ON THE PETITION OF BENJAMIN COLE. 

On the Petition of Benjamin Cole. 

Resolved That the prayer of Said petition Be So far Granted, as 
that the petitioner have Leave to proceed to Liverpool in Nova- 
scotia and To Return from thence into this State with his family 
and Effects, as soon as may be, provided That the Said Cole 
Carry No more provisions from this State Than the Committee 
of Such Town from whence Said Cole Shall Sail shall Judge Nes- 
sasary for the use of the Said Coales family and two Sailors, which 
Said Cole is allowed to procure to assist him in Transporting his 
family from Novascotia to this State; and Said Cole is hereby 
allow'' To procure a Small vessel not Exceeding thirty Tons for 
the purpose of transporting his family as aforesaid and the Com- 
manders of all Armed Vessels & others belonging to this State are 
hereby required to Suffer said Cole to pass & repass with his said 
Family & effects for the purposes above mentioned unmolested. 

And it is Hereby recommended to the Commanders of all 
Vessels belonging to the United States or any one of them to let 
s^ Cole pass for the purposes above expressed, without any Hin- 
drance. [Passed January 20.^ 



CHAPTER 639. 



Legislative 
Records of the 
Council, 
xxxviii., 247. 
Mass. 
Archives, 
ccxvi., .309. 

Mass. 
Archives, 
cxcviii., 397; 
ccxvi., 310. 



VOTE ON REPORT OF COMMITTEE CONCERNING THE BURGOYNE 

PRISONERS. 

The Com"'' of both houses appointed to take into consideration 
the order of Court of y' 17"* Instant and Attended y* business 
therein Assigned, and Report as Followeth. 

That on confering with Gen" Heath your Com"*' were informed 
that on strict inquiry there was not more than 35 Fusees in the 
hands of Gen'^ Burgoynes officers, & them Gen" Heath had or- 
dered to be taken from them and that he was useing such Meas- 
ures as Congress had directed him to make use of for taking a 
discreption of the Prisoners; and also Confer'd on y^ business at 
large and are of Opinion that y® measures already Taken by 
Council for ordering nine Redgments to hold them in Readiness 
Agreable to s'^ order, is sufficient to secure this State from the 
danger to which it may be exposed on accompt of the Prisoners 
being in this State which is submited 

W Spooner fJ order 
In Council 

Read & accepted 

In the House of Representatives 

Read & concurred. [Passed January 20. 

* Thi.s date is January 19 according to Legislative Records of the Council. 



[oTH Sess.] Resolves, etc. — 1777-78. 247 



CHAPTER 640. 

RESOLVE ALLOWING MILEAGE TO THE MEN THAT MARCHED TO 
REINFORCE THE NORTHERN ARMY. 

Resolved that there be allowed and paid to Each Officer & Legislative 
Soldier that marched in persuance of the Requsition of the Gen- councif," 
eral Court of Septem' 22'"' 1777 to Reinforce the Northern army j^^J^"-^''*^- 
under the Command of General Gates, two pence per mile from Archives. 

their Several homes to the place of their first Drawing provetion ""^^'" — ■ 

and two pence per mile from the place their provition was Spent 
to their Several homes, in Addition to the Contenantal milage to 
be paid by the Commitee on accomp' to the Commanding officer 
of Each Compeny & by them paid to Each offecer and Soldeer 
in his Compeny, together with reasonable allowence for the pack 
horses that carried their bagage and the Cost of the horses Ex- 
pences on the road and Sending Said horses back 

And it is further 

Resolved that the foregoing Resolve shall be published in the 
Boston & Worcester Newspapers. [Passed January 20. 



CHAPTER 641. 

RESOLVE ON THE PETITION OF DOCT^ JOSEPH GARDINER. 

Upon the Petition of D"" Jos. Gardner praying for Leave to Legislative 
take the Hall &c in the Manufactory in the Town of Boston for counclr^ *'''' 
an Hospital for Col" Craft's Reg' m^s^"'^''''" 

Resolved that D"^ Jos. Gardner be & he hereby is impower'd to Archives, 

take s** Hall with two Rooms East of it & one Chamber in the '"''''''•• ^"- 

Manufactory House for the purpose aforesaid. [Passed January 20. 



CHAPTER 642. 

RESOLVE ON THE PETITION OF THE COMMITTEE OF CORRE- 
SPONDENCE OF FALMOUTH. 

Whereas the Comm^^ of Correspondence, &c for v" Town of |<^^'^'5*'^'? .. 

1 . ^1 11 T 1 • 1 Records of the 

i^almouth have Represented to this Court that they did in August Council, 
1777, Stop sixteen oxen which they say were about to be driven out mIiJs'"" ^*''' 
of this State Contrary to a Resolve of y^ Gen' Court, prohibiting the ^^^^^"'^^{^ 
exportation of Provision pass** the 6"" of February 1777, & filed an 



Information against y^ same at the Court of Gen' Sessions of y* Archives, 
Peace for the County of Cumberland agreeable to s'' Resolve; but Province Laws, 
before y* Seting of S*^ Court of Sessions the s'' Resolve was Re- xix., 808, chap." 
pealed it is therefore 

Resolved that the Court of Gen' Sessions of y* Peace for the 
County of Cumberland be and they are hereby Authorized & 
impowered to proceed to the hearing & determining upon the 
afores'' information, as fully & effectually as tho' the Resolve 
af ores'* passed the 6"" of February 1777, had not been Repealed. 
[Passed January 20. 



248 



Resolves, etc. — 1777-78. [Chaps. 643, 044.] 



CHAPTER 643. 



RESOLVE FOR PROVIDING GUARDS TO SERVE ON BOARD THE 
PRISON SHIP KINGSTON. 



Legislative 
Records of the 
Council, 
xxxviii., 246. 
Mass. 
Archives, 
ccxvi., 307. 

Mass. 
Archives, 
ccjcvi., 306. 



Whereas it has appeared to this Court as indispensibly neces- 
sary, that a number of Men should be immediately detached from 
the Militia of this State, for the purpose of Guarding the Kingston 
Prisonship, now in the harbour of Boston: 

Therefore 

Resolved that Colonel Hatch be and he hereby is ordered and 
directed forthwith to detach from the Regim' under his Command 
One Subaltern three Sergeants, three Corporals and twenty two 
privates, to serve as a Guard on Board said prison Ship untill the 
last day of April next and that he cause each Man so detached, to 
be armed and accoutered according to Law and that he Order said 
detachment to repair to General Heath's Head Quarters by the 
twenty second day of January Current, there to receive and fol- 
low such Orders, as the General from time to time may see cause 
to give them within the Term afor*^ and the Guard detached as 
afor'' shall be entitled to and receive the same pay and Subsistance 
that the Guards at Cambridge are intitled to 

and be it further 

Resolved that if any person so detached, and ordered to repair 
to General Heath's Head Quarters as afor'^ and shall neglect or 
refuse so to do, or shall not procure some able Bodied effective 
Man in his room, to the acceptance of his Colonel, or pay a fine 
of twelve pounds within twenty four hours after he shall be de- 
tached and ordered as aforesaid, shall be considered as a Soldier in 
said detachment and treated Accordingly; and in Case any Soldier 
detached as Afor*^ shall pay said Fine, the Colonel of said Reg' 
shall apply the same towards procuring some other Able Bodied 
Man in his stead, and if the same shall be insufficient for that 
purpose, the Colonel shall proceed to detach some other person 
from his Regim' untill the Number afor*^ be compleated. 

And it is also further 

Resolved that Colonel Hatch be and he hereby is directed to fur- 
nish a small Guard consisting of one Sergeant one Corporal and 
Seven Privates to serve on board the Kingston Prisonship, untill 
the detachment afor'' shall be compleated. [Passed January 21.^ 



CHAPTER 644. 



Legislative 
Records of the 
Council, 
xxxviii., 246. 
Mass. 
Archives, 
ccxvi., 328-330. 

Mass. 
Archives, 
ccxvi., 331-351. 

Legislative 
Records of the 
Council, 
xxxviii., 36. 
Province Ijawa, 
xix., 604, chap. 
409; 914, chap. 
1120. 



RESOLVE ON THE PETITION OF BENJAMIN WHEELER AND OTHERS. 

On the Petition of Benjamin Wheeler and others 

Resolved That M"' Nye Cap' Wales & Brigad' Warner be a 
Committee to Settle with Col Josiah Brewer and others for a 
certain Sum of Money lent said Brewer and others, for which 
Sum, in the Year 1776 they gave their Security to the Treasurer 
of this State. 

Resolved That the Guard of 30 Men appointed by the General 
Court of this State in 1776 to guard on Penobscot River under the 
Command of Andrew Oilman, be and hereby are immediately dis- 
charged. 

Resolved That M' Nye, Cap' Wales & Brig"" Warner be a Com- 

' This date is January 20 according to Legislative Records of the CouuciL 



[oTFi Sess.] Reso/ves, etc. — 1777-78. 249 

mittee to [se]ttle^ with Col. Jon" Lowder for the Sum of fou[r 
hunjdred ^ Pounds Lawful Money, which the said Lowder as Truck- 
[niajster^ to the Tribe of Penobscot Indians, received [of] the 
Treasurer of this State in the Year 1776. [Passed January 22.^ 



CHAPTER 645. 

RESOLVE ON THE PETITION OF BENJAMIN KENT. 

On the Petition of Benj* Kent Esq' in Behalf of Timothy Legislative 
Bullard praying that the Judges of the Inferior Court of Common counct"^ '''" 
Please for the County of Suffolk may be Impowered to take off ^^^s^j"- -•^'• 
the Default marked against him the said Timothy in favour of Archives, 

1^ 1 d u n It ccxvi., 352. 

Edw Bullard &c 



Resolved that the Justices of the Inferior Court of Common Arehives, 
Pleas for the County of Suffolk be & they are hereby impowered ccxvi., 353. 
& Directed to take off the Default mentioned in s** Petition & that 
Such Tryal of the action upon the merrits thereof may be had 
Before the Same Court, as if the Cause had been regularly Con- 
tinued from the Inferior Court of Common Pleas held last April 
for said County to this time & the Default of s*^ Timothy had 
Never happened; any Law or usage to the Contrary Notwith- 
standing, on his paying to his Brother Edw*^ all his Lawful! Costs 
to this time arisen. [Passed January 22. 



CHAPTER 646. 

RESOLVE ALLOWING £780 TO THE TREASURER. Legislative 

Records of the 
Council, 

Resolved that there be granted and allowed to be paid out of the ^J^i"- ^s^- 
Publick Treasury, To the Hon''^'^ Henry Gardner Esq' Treasurer Archives, 

& Receiver General of this State the Sum of Seven Hundred and "'"''''• ^^°- 

Eighty Pounds, for his Services from the 28"^ Day of October Le^^^^^tive^^^ 
A.D. 1774, to the first Day of January current in Addition to the Council, 
Sum of One hundred and fifty Pounds heretofore granted him. '^^'"•• 
[Passed January 22. 



CHAPTER 647. 

RESOLVE ALLOWING £150 TO THE DEPUTY SECRETARY. ferds of the 

Council, 

Resolved That there be granted and allow'd to be paid out of the Masl"' ^^'' 
Publick Treasury to John Avery Jun' Deputy Secretary the Sum Archives,^ 

of One Hundred and fifty Pounds, in full for his Time and Serv- '':^^ — ■ 

ices from the first Day of May last to the first Day of January Archives, 
current. [Passed January 22. •=<=''^'- ^^S- 

1 MS. mutilated. 

2 This date is January 20 according to Legislative Records of the Council. 



250 



Resolves, etc. — 1777-78. [Chaps. 648-651. J 



CHAPTER 648. 



RESOLVE ALLOWING £250 TO THE SECRETARY. 



Legislative 
Records of the 
Council, 
xxxviii., 252. 
Mass. 
Archives, 
ccxvi., 358. 



Resolved that there be granted and allowd to be paid out of the 
Publick Treasury to the Hon'''* Samuel Adams Esq"^ Secretary of 
this State the Sum of Two Hundred & Fifty Pounds for his Serv- 
ices to the first Day of January current. [Passed January 22. 



CHAPTER 649 



lycgislative 
Records of the 
Council, 
xxxviii., 252. 
Mass. 
Archives, 
ccxvi., 359. 

Legislative 
Records of the 
Council, 
xxxviii., 254. 



RESOLVE ALLOWING £750 TO THE COMMISSARY GENERAL. 

Resolved that there be granted and Allow'd to be paid out of the 
PubHck Treasury to Richard Devens Esq Commisary-General for 
this State the Sum of seven Hundred and fifty Pounds lawfull 
money in full for his Services to the first Day of January current. 
[Passed January 22. 



CHAPTER 650. 



RESOLVE MAKING ADDITIONAL ALLOWANCES TO THE JUDGES OF 
THE SUPERIOR COURT. 



Legislative 
Records of the 
Council, 
xxxviii., 252. 
Mass. 
-Archives, 
ccxvi., 357. 



Resolved that there be granted and allowed to be paid out of the 
public Treasury to the Judges of the Sup'' Court the Sums follow- 
ing Viz to the Hon. William Cushing Esq' the Sum of One Hun- 
dred Pounds, to the Hon. Jedediah Foster Esq"" the Sum of One 
hundred Pounds, to the Hon. Nathaniel P. Sergeant the Sum of 
One Hundred Pounds, to the Hon. James Sullivan Esq' the Sum 
of One hundred Pounds, to the Hon. David Sewall Esq'' the Sum 
of Thirty Pounds, over and above the usual Grants made them 
for their Services to the first day of January Current, in Con- 
sideration of the advanced prices of the Necessaries of life, and of 
the extraordinary Expence they have been at, in traveling their 
Circuit the last Year. [Passed January 22. 



CHAPTER 651. 

RESOLVE IMPOWERING EDWARD DAVIS. GUARDIAN, TO SELL REAL 

ESTATE. 



l/figislative 
Records of the 
Council, 
xxxviii., 250. 
Mass. 
Archives, 
ccxvi., 322. 

Mass. 
Archives, 
ccxvi., 321, 323. 



On the Petition of Edward Davis of Dudley in the County of 
Worcester Guardian to the Children of Ebenezer Bacon late of s** 
Dudley deceasd praying for leave to make sale of the .s*^ deceased's 
real Estate for the reasons set forth in the Petition. 

Resolved that the s'' Edward Davis in his capacity of Guardian 
as aforesaid, be & he hereby is authorisd & impowerd to make sale 
of the real Estate of the s Ebenezer Bacon, mentiond in s** Peti- 
tion, for the most it will fetch and to execute a good Deed or 
Deeds thereof (saving the Widow's Term therein in right of her 
Dower), he observing the rules of the Law for the sale of real 



[5th Sess.] Resolves, etc. — 1777-78. 251 

p]states by Executors & administrators and giving Caution (if he 
is not already under sufficient Bonds) to the Judge of Probate to 
dispose of the monies arising from such Sale according to Law. 
[Passed January 23.^ 



CHAPTER 652. 

RESOLVE IMPOWERING JOHN WESSON AND REBECKAH BAKER, 
ADMINISTRATORS, TO SELL REAL ESTATE. 

On the Petition of John Wesson & Rebeckah Baker (formerly Legislative 
Rebeckah Wesson) Administrators of the Estate of Samuel Wesson councif,° ^ ^ 
late of a Place called the Gore between the Towns of Worcester & j^Jg"' ^^"^ 
Grafton in the County of Worcester dec*', praying that they may Archives, 
have leave to sell the whole of the real Estate of the afores** Samuel <='"'^''' ^'''' 



Wesson deceasd for the Reasons set forth in their Petition. Anfhives, 

Resolved That the said iVdministrators be, and they hereby are c^xvi., 302, 363. 
authorisd & impowerd to sell the whole of the s'' deceased's real 
Estate mentiond in their Petition saving only the Widow's Term 
therein in right of her dower, for the most the same will fetch, 
and to execute a Deed or Deeds thereof they observing the Rules 
& Directions of the Law for the sale of real Estates by Executors 
& Administrators, & giving proper Caution to the Judge of Pro- 
bate for the s** County, that the Monies arising from the Sale thereof 
shall be disposed of as the Law directs. [Passed January 23} 



CHAPTER 653. 

RESOLVE ALLOWING ADDITIONAL PAY TO THE MILITIA THAT 
MARCHED TO REINFORCE THE NORTHERN ARMY. 

Whereas [a nu]mber of The Militia of this State Marchd to Legislative 
Reinforce the Nothern army in Consequence of a Request from coundf, °^ *''^ 
Gener' Gates in Sept"^ Last and Previous to a Recomendation of ""^''"•' 253. 
this Court of the 22" of Said Sept"^: It is Archives, 

Resolved that Each Non Comision officer & Private Soldier That ^^^±1^ 

marched as aforesaid be allowed & Paid the Sum of Two pounds 
Ten shillings ^ Kallender month in addition to the Continential 
pay. [Passed January 23. 



CHAPTER 654. 

RESOLVE ALLOWING £1,200 TO GEN^ HEATH. 

Resolved That there be paid out of the Treasury of this State Legislative 
to the Hon"^ Generall Heath or his Order the Sum of Twelve hun- ^^^'eu! °^ ^""^ 
dred pounds for the Purpose of forwarding Clothing to the South- J^'^^'"- ^ss- 
ern Army he to be Accountable for the same. [Passed January 23. Archives, 

ccxvi., 364. 
> This date is January 21 according to Legislative Records of the Council. 



252 



Resolves, etc. — 1777-78. [Ch.u'S. {^o5, 656.] 



CHAPTER 655. 



CIVIL OFFICERS APPOINTED FOR THE ENSUING YEAR. 



Legislative 
Records of the 
Council, 
xxxviii., 254- 
257. 



Stephen Hall. 
Ephraim Spooner. 



Treasurer and Receiver-General. Hon. Henry Gardner, Esq; 
Commissary-General. Richard Devens, Esq; 
Notaries Public. 

For the county of SufiFolk. 

Ezekiel Price 

Henry Allyne, Jun. 
For the county of Essex. 

Edward Norris 

Joshua Orne 

William Atkins 

Samuel Sawyer 

Samuel Whittemore. 
For the county of Middlesex. 
For the county of Plymouth. 
For the county of Barnstable. 

Winslow Lewis 

Solomon Otis 

Nathanael Sheverick 

Richard Sears. 
For the county of Bristol. 

Elisha Toby 

William Brown. 
For the county of York. 

Thomas Cutts 

Daniel Moulton. 
For the county of Duke's-County. John Pease, Jun. 
For the county of Cumberland. Jonathan W^ebb. 
For the county of Lincoln. Samuel ^rCobb, John Page. 
[Passed January 23. 



CHAPTER 656 



RESOLVE IMPOWERING EUNICE DENCH, ADMINISTRATRIX, TO SELL 

REAL ESTATE. 



Legislative 
Record .s of the 
Council, 
xxxviii., 258. 
Mass. 
Archive.^, 
ccxvi., .3fi9. 

Mass. 
Archives, 
ccxvi., 367. 



On the Petition of Eunice Dench of Waltham in the County 
of Middlesex Administratrix of the Estate of her late husband 
Roger Dench deceasd, praying that she may be authorisd to join 
with Lawson Buckminster & Gilbert Dench in making Sale of 
two Lots of Land in the County of Worcester which her s'' Hus- 
band held in partnership with them. It is 

Resolved That the s*^ Eunice Dench as administratrix as afores'' 
be and she is hereby authorisd to join with the s^ Lawson Buck- 
minster & Gilbert Dench in making Sale of the aforementiond 
Lots of Land for the most the same will fetch, and with them to 
make & execute a Deed or Deeds of the same, she giving sufficient 
Bond to the Judge of Probate for the County of Middlesex that 
the Monies arising from such sale shall be disposd of according to 
Law. [Passed January 24- 



[5th Sess,] Resolves, etc. — 1777-78. 253 

CHAPTER 657. 

RESOLVE ON THE PETITION OF THOMAS SPAULDING. 

On the Petition of Thomas Spaulding, Praying that he may Legislative 
be allowed and paid for sundry Articles which were lost in the coundf," 
Battle at Bunker-Hill belonging to his Brother M' Joseph Spaul- ^^viiJ-'^ss. 
ding who was slain in said Battle. 

Resolved That there be paid out of the Public Treasury of this 
State to the Petitioner for the use of the Heirs of the Deceased 
the Sum of Fifteen Pounds in full Discharge of his Account. 
[Passed January 24. 



CHAPTER 658. 

RESOLVE ON THE PETITION OF JOHN PIERCE. 

On the Petition of John Pierce, praying that a Judgment of ^cOTdl'of the 
Court against him in favour of Ephraim Sawyer Esq' and Keziah Council, 
Sawyer, Administrators on the Estate of Ezra Sawyer, late of Mass " ' "^ ' 
Lancaster Deceased, may be set aside, and he be allowed a new ^''^hives 

. 7 ^ 1 ccxvi., 3<4, 

hearing. 374a. 

Resolved That the Prayer of said Petition be so far granted, as 
that the said Petitioner be, and he is hereby Ordered to serve the 
said Ephraim and Keziah Sawyer, with a Copy of said Petition, 
together with the Order taken thereon, by the Seventh Day of 
February next, that they shew Cause to the General Court, (if 
any they have) why the prayer of said Petition should not be 
granted, on the Third Tuesday of February next, if the said Court 
should be then sitting, if not, on the first Tuesday of the next 
Sitting of said General Court, and that the execution be stayed 
the mean time. [Passed January 24- 



CHAPTER 659. 

RESOLVE IMPOWERING NATHANIEL NEWMAN AND MARTHA NEW- 
MAN, ADMINISTRATORS, TO SELL REAL ESTATE. 

On the Petition of Nathaniel Newman & Martha Newman in Legislative 
the County of Essex Adminestrators of the Estate of Mary Sweet, councif, °^ ^''^ 
Dece** in the County afore'** ^xviii.,'259. 

Praying that they May be authoris** to Make Sale of the Real Archives, 
Estate of the S** Mary Sweet it is ^''''■''- ^^-- 

Resolved that the sd Nathaniel Newman and Martha Newman ^^^p^j^-^gg 
be and they are hereby Authorisd to Make Sale of the afore- ccxvi., ash. 
mentioned Estate for the Most the Same will fetch and to Make ^^^' 
and Execute a Deed or Deeds of the Same, they observing the 
Rules and Directions of the Law for the sale of real Estates by 
Ex"'" & Adm" and giveing Sufficient Bonds to the Judge of Pro- 
bate for the County of Essex, that the Moneys arising from Such 
Sale Shall be Disposd of according to Law. [Passed January 26.^ 

1 This date is January 24 according to Legislative Records of the CounciL 



254 



Resolves, etc. — 1777-78. [Chaps. 660-C63.] 



CHAPTER 660. 



Legislative 
Records of the 
Council, 
xxxWii., 260. 
Mass. 
Archives, 
ecxvi., 384. 

MasS; 
Archives, 
ccxvi., 385- 
386. 



RESOLVE ALLOWING A PENSION TO KERBY [KERLEY] WARD. 

On the representation of John Lucas Commisary of Conti- 
nential Pinsioners in behalf [of] Kerby Ward, Late a Soldier in 
Cor Jon" Wards Rigem' & Cap' Seth Washburns Comp^ who was 
wounded in the Battle on Charlston Hights y* 17"' June 1775, by 
which wound he has in a grate degree Lost the Use of his Right arm. 

Resolved that the Said Kerby Ward is Intitled to three Eighths 
of his Pay as a Soldier to Commence from y* 31' Dec"^ 1775. 
[Passed January 26. 



CHAPTER 661. 



RESOLVE ALLOWING A PENSION TO ELISHA MARSH. 



Legislative 
Records of the 
Council, 
xx-wiii., 261. 
Mass. 
Archives, 
ccxvi., 390. 

Mass. 
-■Vrchives, 
ccx\'i., 391, 
39U. 



On the representation of John Lucas Commisary of Con- 
tinential Pinsioners in behalf of Elisha Marsh, Late a Corporal in 
Cap' John Lealands Comp^ & Col° Ephraim Doolittles Rigem' 
who was wounded on the Hights of Charlston y*" 17"" June 1775 
by which wound he has Lost the use of the Joint of his Left Knee 

Resolved that the said Elisha Marsh is Intitled to one Quarter 
of his Pay as a Corporal to Comence from & after the 31' of Dec"^ 
1775. [Passed January 26. 



CHAPTER 662. 



Legislative 
Records of the 
Council, 
xxxviii., 261. 
Mass. 
Archives, 
ccxvi., 392. 



Archives, 
ccxvi., 392|- 
394. 



RESOLVE ALLOWING A PENSION TO EBENEZER BANCROFT. 

On the Representation of John Lucas Commisary of Con- 
tinential Pinsioners in behalf of Eben' Bancroft Esq', Late a Cap' 
in Cor Eben' Bridges Rigement & who was wounded in The 
Battle on the Hights of Charlston the 17'^ June 1775 

Resolved that the Said Eben"" Bancroft Esq'^ is Intitled to Quarter 
pay to Commence the 1' of January 1776. [Passed January 26. 



CHAPTER 663 



RESOLVE ALLOWING A PENSION TO LEMUEL GREEN. 



Legislative 
Records of the 
Council, 
xxxviii., 261. 
Mass. 
Archives, 
ccxvi., 388. 

Mass. 
Archives, 
ccxvi., 389, 
389i. 



On the representation of John Lucas Commisary of Con- 
tinential Pinsioners In behalf of Lem" Green, Late a Soldier in 
Cor Jonathan Holmans Rigem' & Cap' Loring Lincolns Comp^ who 
was wounded in an action at White Plains near New York y* 28"" 
of Octob' 1776, by which wound he has in a grate measure Lost 
the use of his right hand 

Resolved that the said Lem" Green is Intitled to one fourth part 
of his pay as a Soldier to Comence from & after the 30"" of Novem- 
ber 1776. [Passed January 26. 



[5th Sess.] Resolves, etc. — 1777-78. 255 



CHAPTER 664. 

RESOLVE ON THE PETITION OF THE COMMITTEE OF CORRE- 
SPONDENCE OF GORHAM. 

Whereas it is represented to this Court that the Committee of R^lor'js o! the 
Correspondence Inspection &" for the Town of Gorham in the Council 
County of Cumberland have in their Possession a Silver Cup & Mass. ' 
Tankard said to be the Property of William Tyng, late of Fal- ^'^'^^^ytm. 
mouth in s*^ County who has fled to the enimies of the United ^^^^ ' 
States of America therefore Archives, 

Resolved [That] the said Committe of Gorham be & they are *=*'^^- ^^®' ^^^• 
hereby directed to deliver said Silver Cup and Tankard to the 
Treasurer of this State & take his Receipt for the same any Re- 
solve or Order of this Court to the Contrary not withstanding. 
[Passed January 26. 



CHAPTER 665. 

RESOLVE DIRECTING THAT A PORTION OF THE MILITIA BE DE- 
TACHED TO SERVE AS GUARDS DURING THE EMBARKATION OF 
THE BURGOYNE PRISONERS. 

Whereas it appears to this Court Indespensibly necessary that {fiords of the 
a Number of Officers & men should be Detached from the mili- Council, 
tia of this State, and ordered to hold themselves in readiness to ^SJg"■' ^^^' 
march at the Shortest notice, to occupy the Several posts in & ^^^"^^^q-^ ^Qg 

about the Harbour of Boston, upon the arrival of the Transports — 

to receive the Troops of the Convention. Therefore 

Resolved That Col" David Cushing be & he hereby is ordered 
forthwith to Detach from the Regiment under his Command one 
hundred and fifty men and form them into three Companies of 
fifty men each, Includeing a suitable number of Non commissioned 
officers, Drummers & fifers, and appoint two Commissioned officers 
for each Company, to do Duty at Hull and also appoint one L' 
Cor for that Service. That CoF Thayer be & he hereby is ordered & 
Directed to Detach from the Regiment under his Command thirty 
Six men & form them into one Comp^, Includeing A suitable Num- 
ber of Non Commisioned Officers Drummers & fifers and appoint 
two Commissioned Officers for the Same, to Serve at Long Island. 

That Cor M'^Intosh be & he hereby is ordered to Detach from 
the Regiment under his Command Thirty six men and form them 
into one Company, Includeing A suitable Number of Non Com- 
missioned Officers drummers & fifers & appoint two Commissioned 
officers for the same to do Duty on Governours Island and also 
detach from his Regiment one Company more of fifty men, In- 
cludeing Non Commissioned Officers and also two Commissioned 
Officers to do duty on Castle Island. 

That Col" Gill be and he hereby is directed to Detach from the 
Regiment under his Command two Hundred men & form them 
into four Companies of fifty men each, with two Commissioned 
officers for each Company, & a suitable Number of Non Com- 
missioned Officers drummers & fifers Included to do Duty on 
Castle Island. 

That Cor Hatch be and he hereby is Directed to Detach from 
the Regiment under his Command one Hundred & Eighty Six 
men & form them into one Company of thirty Six men, with two 
Commissioned officers and a suitable Number of Non Commis- 



256 



Resolves, etc. — 1777-78 



[Chap. 666.J 



sioned Officers drummers & fifers Included to do duty on Noddles 
Island; & three Companies of fifty men each, and a Suitable 
Number of Non Commissioned officers, drummers & fifers In- 
cluded & in addition to appoint two Commissioned Officers for 
each Company to Serve in Boston. 

That Cor Fox be & he hereby is directed to Detach from his 
Regiment fifty men & form them into one Company & appoint 
two Commissioned officers & a suitable Number of Non Com- 
missioned Officers drummers & fifers Included for the same, to 
do Duty on Dorchester-Heights. 

That Col" Spaulding be and he hereby is Directed to Detach 
from his Regiment fifty men & form them into one Company with 
two Commissioned officers & a suitable Number of Non Com- 
missioned Officers drummers & Fifers Included to do Duty on 
Dorchester Heights. 

That Col" Hatch' Regiment furnish one Lieu' CoF to Com- 
mand at Boston, Dorchester Heights, and Noddles Island & to be 
attached to the Detachment now doing duty there. 

That Col" Giir Regiment furnish one V Col" and Col" M'ln- 
tosh^ Regiment furnish one Major to Command at Castle Island, 
Long Island & Governours Island And that the Commanding offi- 
cers of the Several Regiments aforesaid, cause each man so De- 
tached to be armed and accoutred according to Law, to march at 
the Shortest Notice to the Several Posts assigned them as afores*^ 
with a good Blanket and two Days provision, there to receive 
and follow such orders as Major General Heath from time to time 
shall see Cause to give them, untill the Troops afores** are Em- 
barked and gone out of the Harbour: for which Service they shall 
be Entitled to and receive the same pay and Subsistance that the 
Gaurds in Cambridge are Entitled to. 

And be it further 

Resolved That if any person so Detached & ordered to march 
to the post assigned him as aforesaid & shall neglect or refuse so 
to do, or shall not procure some able bodied Effective man in 
his Room to the acceptance of his Colonel, or pay a fine of Ten 
pounds, within Twenty four hours after he shall be Detached or 
ordered as aforesaid. Shall be Considered as a Soldier in said De- 
tachment and treated accordingly; and in Case any Soldier De- 
tached as afores*^ Shall pay said fine, the Colonel of s*^ Regiment 
Shall apply the same towards procuring some other able bodied 
Effective man in his Stead, and if the Same Shall be insufficient 
for that purpose, the Colonel afores*^ Shall proceed to Detach Some 
other person from his Regiment, untill the Number aforesaid be 
Compleated; And that the major part of the Council be desired to 
Issue their orders to the Several officers to make their Detachments 
for the purposes aforesaid. [Passed January 27. 



CHAPTER 666. 



legislative 
l{efords of the 
(.'ouncil, 
xxxviii., 2G4. 
iMass. 
Archives, 
ocxvi., 398. 

Mass. 
Archives, 
ccxvi., 399, 
400. 



RESOLVE ALLOWING HALF PAY TO JOSEPH WARE, 

On the representation of John Lucas Commisary of Con- 
tinential Pinsioners in behalf of Joseph Ware, Late a private 
Soldier in Cap' Aaron Gardiners Comp^ & Col" Eleaz'' Brookes 
Rige' & who Lost his Left arm by a ball from the Enemy in the 
Battle at White Plains near New York Octob' 28"* 1776 

Resolved that the said Joseph Ware is Intitled to half his pay 
as a Soldier to Comence from & after the 16'" of November 1776. 
[Passed January 27. 



[5th Sess.] Resolves, etc. — 1777-78. 257 

CHAPTER 667. 

RESOLVE ALLOWING HALF PAY TO WILLIAM MORGAN. 

On the representation of John Lucas Commisary of Con- Legislative 
tinential pinsioners in behalf of Will™ Morgan, Late a Soldier in coSndf "^^'''^ 
Cap' John Bakers Comp^ in Col" Israel Hutchinsons Rigem' & xxxviii.,'265. 
was wounded on Long Island near New York, by which wound he AfcWvea, 
is rendered incapable of Earning his Living ccxvi., 40i. 

Resolved that the Said Will™ Morgan is Intitled to one half his Mass. 
pav as a soldier to Comence from & after the 31' day of December ccxvi., 402- 
1776. [Passed January 27. *°3'- 



CHAPTER 668. 

RESOLVE ALLOWING HALF PAY TO JAMES COBBY. 

On the representation of John Lucas, Commisary of Con- Legislative 
tinential pinsioners in behalf of James Cobby, Late a soldier in Keeords of the 
Cap' Bancrofts Comp^ & Col" Bridges Rigem' & who was wounded xxxviii.,'265. 
in the Battle on Charlstown Rights y' 17"^ June 1775, by which Archives. 
wound he is rendered incapable of Earning his Living ccxvi.. 404. 

Resolved that the said James Cobby is Intitled to one half his Mass. 
pay as a Soldier to Comence from & after the 31' day of Decem- tcxvL,7m, 
ber 1775. [Passed January 27. 404^05^' 



CHAPTER 669. 

APPOINTMENT OF NATHANIEL BARBER AS NAVAL OFFICER FOR 
THE PORT OF BOSTON. 

In the House of Representatives Legislative 

The House made choice by ballot of Nathaniel Barber Esq' as coundf °^ *^^ 
Naval OiRcer for the Port of Boston for the Year ensuing. xxxviii.,'265. 

In Council AKhives. 

Read & Concurred. [Passed January 27. ccxvi.. 410. 



CHAPTER 670. 

APPOINTMENT OF EDWARD POPE AS NAVAL OFFICER FOR THE 
PORT OF DARTMOUTH. 

In the House of Representatives Legislative 

The House made choice by ballot of Edward Pope Esq"" as Naval coSnctf °^ *'''' 
Officer for the Port of Dartmouth for the Year ensuing. xxxviii.,' 266. 

In Council S^es. 

Read & Concurred. [Passed January 27. ccxvi.. 4U. 



258 



Resolves, etc. — 1777-78. [Chaps. 671-675.] 



CHAPTER 671. 



Legislative 
Records of the 
Council, 
xxxviii., 260. 
Mass. 
Archives, 
ccxvi., 412. 



APPOINTMENT OF JOSEPH OTIS AS NAVAL OFFICER FOR THE PORT 

OF BARNSTABLE. 

In the House of Representatives 
The House made Choice by ballot of Joseph Otis Esq"^ as Naval 
Officer for the Port of Barnstable for the Year ensuing. 
In Council 
Read & Concurred. [Passed January 27. 



CHAPTER 672. 

APPOINTMENT OF THOMAS MAYHEW AS NAVAL OFFICER FOR THE 
PORT OF PLYMOUTH. 

Refords'of the In the Housc of Representatives 

x^x"4h^'266 '^^^ House made choice by ballot of Thomas Mayhew Esq' as 

Mass. ' Naval Officer for the Port of Plymouth for the Year ensuing. 

Archives, t r^ •! 

ccxvi., 413. In Council 

Read & Concurred. [Passed January 27. 



CHAPTER 673. 

APPOINTMENT OF CAPT. STEPHEN SMITH AS NAVAL OFFICER FOR 
THE PORT OF MACHIAS. 



R^wirdsofthe ^^ ^^^^ Housc of Representatives 

Council, The House made choice by ballot of Capt Stephen Smith as 

^Ia83."" ^ ' Naval Officer for the Port of Machias for the Year ensuing. 

.\rchive3 jn Council 

ccxvi., 414. 



Read & Concurred. [Passed January 21 



CHAPTER 674. 

APPOINTMENT OF CAPT. WILLIAM NICHOLS AS NAVAL OFFICER FOR 
THE PORT OF GOLDSBOROUGH. 



Legislative 
Records of the 
Council, 
xxxviii., 260. 
Mass. 
Archives, 
ccxvi., 415. 



In the House of Representatives 
The House made choice by ballot of Capt William Nichols as 
Naval Officer for the Port of Goldsborough for the Year ensuing. 

In Council 
Read & Concurred. [Passed January 37. 



CHAPTER 675 



APPOINTMENT OF CAPT. NICHOLAS CROSBY AS NAVAL OFFICER FOR 
THE PORT OF PENOBSCOT. 

Krdfofthe ^, In the House of Representatives 

Council, The House made choice by ballot of Capt Nicholas Crosby as 

xxxvui.,260. j^-aval Officer for the Port of'Penobscott for the Year ensuing. 

^."i^/TiR In Council 

CCXVI., 41 o. 

Read & Concurred. [Passed January 27, 



[5th Sess.] Resolves, etc. — 1777-78. 259 



CHAPTER 676. 

APPOINTMENT OF THOMAS CHILD AS NAVAL OFFICER FOR THE 
PORT OF FALMOUTH. 

In the House of Representatives 
The House made choice bv ballot of M' Thomas Child as Naval J^^gisiative 

>-x/T> i< iT» i'-ni"'ic lA' • Records of the 

Omcer tor the rort oi l^almouth tor the lear ensuing. Council, 

T„ r^ „ M xxxviii., 266. 

In L OUnciI Mass. 

Read & Concurred. [Passed January 27. ^cxwt^ixi 



CHAPTER 677. 

APPOINTMENT OF TRISTRAM JORDAN AS NAVAL OFFICER FOR THE 
PORT OF PEPPERELLBOROUGH. 

In the House of Representatives 
The House made choice by ballot of Tristram Jordan Esq' as Legislative 
Naval Officer for the Port of Pepperilborough for the Year ensuing, counctr^ *^^ 

In Council xxxviii.,' 267. 

Read & Concurred. [Passed January 27. Archives, 

ccxvi., 418. 



CHAPTER 678.^ 

APPOINTMENT OF CAPT. RICHARD TREVET AS NAVAL OFFICER FOR 
• THE PORT OF YORK. 

In the House of Representatives 

The House made choice by ballot of Capt Richard Trevet as Legislative 
Naval Officer for the Port of York for the Year ensuing. Counclr^'^^ 

In Council m^^"'^^^' 

Read & Concurred. [Passed January 27. Archives, 

ccxvi., 419. 



CHAPTER 679. 

APPOINTMENT OF CAPT. MICHAEL HODGE AS NAVAL OFFICER FOR 
THE PORT OF NEWBURYPORT. 

In the House of Representatives 
The House made choice by ballot of Capt Michael Hodge as Legislative 
Naval Officer for the Port of Newbury Port for the Year ensuing, counclr^ *''' 
In Council xxxviii.,' 267. 

Read & Concurred. [Passed January 27. Archives, 

ccxvi., 420. 



CHAPTER 680. 

APPOINTMENT OF SAMUEL WHITTEMORE AS NAVAL OFFICER FOR 
THE PORT OF GLOUCESTER, 

In the House of Representatives 
The House made choice by ballot of Samuel Whittemore Esq'' Legislative 
as Naval Officer for the Port of Gloucester for the Year ensuing. Councif," 
In Council ^J^'"- 2". 

Read & Concurred. [Passed January 27. Archives, 

^ ccxvi., 421. 



260 



Resolves, etc. — 1777-78. [Chaps. 681-684.1 



CHAPTER 681 



APPOINTMENT OF JOHN GERRY AS NAVAL OFFICER FOR THE PORT 
OF MARBLEHEAD. 



Records of the !« the Housc of Representatives 

Council The House made choice by ballot of M'' John Gerry as Naval 

A^ss. " ' Officer for the Port of Marblehead for the Year ensuing. 

Archives. T„ rniinpil 

ccxvi.,428. ^'l ^OUIILU 



Read & Concurred. [Passed January 27. 



CHAPTER 682 



APPOINTMENT OF WARWICK PALFREY AS NAVAL OFFICER FOR 

SALEM. 



Legislative 
Records of the 
Council, 
xxxviii., 267. 
Mass. 
Archives, 
ccxvi., 422. 



In the House of Representatives 
The House made choice by ballot of M'' Warwick Palfrey as 
Naval Officer for the Port of Salem for the Year ensuing. 

In Council 
Read & Concurred. [Passed January 27. 



•CHAPTER 683. 

RESOLVE RESPECTING PRICES OF CLOTHING SUPPLIED OFFICERS 
OF THE CONTINENTAL REGIMENTS. 



Legislative 
Records of the 
Council, 
xxxviii., 268. 
Mass. 
Archives, 
ccxvi., 424. 



Whereas a Resolve passed this House on the Eleventh Day of 
August last past directing the Board of War to supply the Officers 
of the Continental Regiments raised in this State, who lost a 
considerable Part of their Baggage at the Evacuation of Ticon- 
deroga, with such Quantities of Cloathing as they may want and 
the s** Board can spare not exceeding the quantity they lost, 
they paying for the same; and Doubts having arisen with the 
Board of War as to the Prices at which they were to supply said 
Officers with the Cloathing aforesaid 

Therefore 

Resolved that the said Board of War be and hereby are directed 
to receive of the said Officers the same Prices for the Cloathing they 
have or may deliver to them, as the said Board did receive for such 
Cloathing on the eleventh Day of August last past and no more 
any Order of this Court to the Conterary in any wise notwith- 
standing. [Passed January 27. 



CHAPTER 684. 

RESOLVE FOR PURCHASING ONE HALF THE SCHOONER ELIZABETH 

AND CARGO. 



Legislative 
Records of the 
Council, 
xxxviii., 268. 
Mass. 
Archives, 
ccxvi., 406. 



Resolved That there be paid out of the Treasury of this State to 
the Board of War the Sum of Seavcn hundred & fifty pounds for 
the purpose of purchasing half of y* Schooner Elizabeth & her 
Cargo; y* said Vessell to be employd in bringing Lumber from 
Machias & other Eastern ports. [Passed January 27. 



[oTH Sess.] Resolves, etc. — 1777-78. 261 



CHAPTER 685. 

RESOLVE ALLOWING £342. 18. 8 TO HONB'-^ JOHN ADAMS, ESQ", FOR 
SERVICE AS A DELEGATE IN CONGRESS. 

Resolved That there be paid out of the Public Treasury of this Legislative 
State to the Honb^'' John Adam Esq"^ the Sum of Three hundred Councif,° 
Forty two Pounds, Eighteen ShilHngs & Eight Pence, in full Dis- ^ 
charge of his Account and Services as Delegate for this State at 
Congress, from January Ninth to November Twenty Seventh, 
Seventeen hundred and Seventy Seven. [Passed January 21 . 



268. 



CHAPTER 686. 

RESOLVE IMPOWERING HOPESTILL LEALAND, ADMINISTRATOR, 
TO SELL REAL ESTATE. 

On the Petition of Hopstil Lealand Administrator on the Legislative 
Estate of Jonathan Holbrook Late of Sherburn Deceas** Praying coundf °^ ^^^ 
that he may be Impowered to make Sale of Two thirds of the xxxviii.,'269. 
Real Estate of Said Deceas*^ Anfhives, 

Resolved that the Petitioner be Impowered to make Sale of ccxv- ^25. 
the Real Estate of Jonathan Holbrook Late of Sherburn Deceas*^ ^^^^: 
(after the widows Dower is Set off) for the most the Same will ccxvi., 425§, 
fetch, he Observing the Rules of the Law for the Sale of Real *^'*" 
Estates by Executors and Administrators and giving Security to 
the Judge of Probate for the County of Middlesex, that the Pro- 
ceeds of Said Sale shall be applied for the Payment of the Said 
Jonathan Holbrooks Just Debts; the Overplus (if any there be) be 
Disposed off in the Same manner and for the Same use as the 
Said Real Estate would have been had it not Been Sold. [Passed 
January 28. 

CHAPTER 687. 

RESOLVE ON THE PETITION OF THE COMMITTEE OF CORRESPOND- 
ENCE OF MARBLEHEAD RESPECTING WILLIAM BODEN. 

On the Petition of the Committee of Correspondence, Safety Legislative 
& Inspection of the Town of Marblehead, shewing, that soon after councif °* ^^^ 
Lexington Battle, one William Boden of s** Town did remove him- xxxviii.,'269. 
self. Family & visible Effects into the Goverment of Novascotia Archives, 
& on the seventh Instant returned to Marblehead aforesaid, and cc^'^-- 427. 
brought with him his Family & Effects to the amount of one Thou- 
sand Pounds, which Effects s*^ Comitee took into their Possession 
in obedience to a Resolve of Congress of this State and obliged 
him to give Bonds for his Appearance, & praying for further di- 
rections how to proceed. 

It appearing upon examination, that the said William had been 
a quiet inoifensive person before his removal from this State, and 
the said William declares he absolutely refused taking any active 
part with the Enemy while in Novascotia, that he went there to 
secure his property which then lay precarious, that he has been 
endeavouring a great while to return, and that he is heartily dis- 
posed to take an active part in defence of this Country against the 
British Foe &c; which declaration, in the Judgment of his former 
acquaintance is charitably supposed to be sincere therefore 



262 



Resolves, etc. — 1777-78. [Chaps. 688, 689.J 



Resolved that the said Committee be, & hereby are directed upon 
the said William giving Bonds himself as principal in the sum of 
two Thousand Pounds with two Sufficient sureties in the sum of 
one Thousand Pounds each; Conditioned that he the said William 
shall say or do nothing contrary to the measures that are or 
shall be taken by this or the other United States in defence of our 
Rights &c, but in all respects behave himself as a good and faith- 
full subject of this State, and to the utmost of his power take an 
active part in the defence of this Country, and contribute thereto 
by his personal and other assistance when called upon and paying 
the Committees charges for taking care of s** Effects &c; to let the 
said William into the free possession of his Effects and it is recom- 
ended to all good People while he the said William so behaves to 
treat him as a fellow Subject. [Passed January 28. 



CHAPTER 688. 



Legislative 
Records of the 
Council, 
xxxviii., 270. 
Mass. 
Archives, 
ccxvi., 429. 



RESOLVE ON THE PETITION OF CALEB BLANCHARD. 

Upon the Petition of Caleb Blanchard praying that his Brother 
Daniel Bruce may be liberated from y'' Guardship under certain 
Restrictions &c 

Resolved That the Prayer of the Petition be granted; that the 
Hon'''^ Councill be requested to permitt y" said Daniel Bruce to 
reside at y® House of y" said Caleb Blanchard untill their Honours 
think proper to send him away in some Cartel Vessell, taking suffi- 
cient Security for the inoffensive Behaviour & safe Custody of 
said Bruce during his Residence in Boston. [Passed January 28. 



CHAPTER 689. 



Legislative 
Records of the 
Council, 
xxxviii., 271. 
Mass. 
Archives, 
ccxvi., 436. 

Mass. 
Archives, 
ccxvi., 437. 



RESOLVE IMPOWERING BETTY WATERS, ADMINISTRATRIX, TO 
SELL REAL ESTATE. 

On the Petition of Betty Waters of Sutton in the County 
of Worcester Administratrix of the P^state of her late Husband 
Andreas Waters of said Sutton Deceased, praying for liberty to Sell 
Some Real Estate and buildings in the Town of Grafton in said 
County for the reasons Sett forth in said Petition 

Resolved That the Prayer of said Petition be Granted and that 
the said Betty Waters in her said Capacity be, and is hereby fully 
impowred to make Sale of the Lands and buildings mentioned in 
said Petition for the most the Same will fetch and to make and 
Execute a good Deed or Deeds to the purchaser or purchasers. She 
observing the rules in the Law relating to the Sale of Real Estates 
by Executors and Administrators and giving Bonds to the Judge of 
Probate for the County of Worcester that the proceeds of said Sale 
be applyed & disposed of according to Law. [Passed January 29. 



[5th Sess.] Resolves, etc. — 1777-78. 263 



CHAPTER 690. 

RESOLVE ALLOWING £40 TO JOHN PECK FOR INSPECTING SALT- Legislative 

PETRE. Records of the 

Council, 
xxxviii., 272. 

On the Petition of John Peck praying an allowance for his ^^^^^^ , 
service in Inspecting Salt Petre at the Commisaries store in Water- ccxvi.. 43'i. 
town in the year 1776. Mass. 

Resolved that there be paid to the said John Peck out of the ^cxvi'.l432. 
publick Treasury of this state the sum of Forty pounds in full for 
the service aforsaid. [Passed January 29. 



CHAPTER 691. 

RESOLVE IMPOWERING RICHARD WYER, EXECUTOR, TO SELL REAL 

ESTATE. 

On the Petition of Richard Wyer Executor of the Last AVill Rlfo^ds'of the 
and Testament of Jonathan Goss Late of Townshend in the Councii, 
County of Middlesex Deceased Praying for Liberty to Sell the mS"" ' 
Lands mentioned in Said Petition cVx'^vi'^^s 

Resolved that the Prayer of the Petition be Granted and that the — — - — ^ 

Said Richard Wyer in his Said Capacity be and is hereby Im- Archives, 
powred to make Sale of the Lands & Buildings mentioned therein ccxv:.,439. 
for the most the Same will fetch, and to make and Execute a good 
Deed or Deeds for the Same to the Purchaser or Purchasers, he 
Observing the Rules in the Law for the Sale of Real Estates by 
Executors and Administrators and Giving Bond to the Judge of 
Probate for the County of Middlesex that the Proceeds of Said Sale 
be Disposed of for the Bennefit of the Heirs at Law of the Deceased 
after the Just Debts are Discharged &c. [Passed January 30. 



CHAPTER 692. 

RESOLVE DIRECTING THAT JOHN AMORY BE SENT UNDER GUARD 
TO RHODE ISLAND. 

Whereas it appears to this Court that the Character & Conduct Legislative 
of John Amory, who lately came into this State from New York coum-if °^ ^'^'^ 
& Newport, is such as to render his residence here dangerous to ^^i"' 273. 
the Safety of this & of the United States: Anfhives, 

Resolved that the Said John Amory be forthwith sent at his own ^3^'" ^°~ 

expence under a Sufficient Guard to Providence within the State of 

Rhode Island & there delivered to Gen Spencer, with a request 
that he would cause him to be kept in safe Custody until he can 
be sent to Rhode Island; & that the S*^ Amory be not allowed to 
carry with him any letters or Money Bills of Exchange or other 
Effects, excepting what he brought with him, more than may be 
Sufficient to defray his expences until his arrival at Newport and 
that the Council be & hereby are requested to cause this Resolve 
to be carried into Execution. [Passed January 30. 



264 



Resolves, etc. — 1777-78. [Chaps. 693, 694.] 



CHAPTER 693 



VOTE ON REPORT OF COMMITTEE RELATIVE TO REINFORCEMENTS 
FOR THE CONTINENTAL ARMY. 



Legislative 
Records of the 
Council, 
xxxviii., 271. 
Mass. 
Archives, 
ccxvi., 478. 

Mass. 
.Archives, 
ecsvi., 366. 



The Committe of both Houses appointed to Consider the 
Expediency of reinforcing the Army under the Command of his 
Excellency General Washington with a number of the Militia of 
this State, have attended that Service and report as their opinion 
that it is not Expedient at this time to order any reinforcements 
of the Army aforesaid in maner aforesaid, but that it is of the 
utmost Importance that some Effectual measures be immediately 
taken for the filling the several Battalions ordered to be raised in 
this State as their Quota. 

All which is humbly Submitted 

Jer: Powell p order. 
In Council 
Read & Accepted 

In the House of Representatives. 
Read & concurred. [Passed January 31. ^ 



CHAPTER 694. 



Legislative 
Records of the 
Council, 
xxxviii., 274. 
Mass. 
.Archives, 
ccxvi., 480. 

Mass. 
.\ re hives, 
ccxvi., 444- 
44tj. 



RESOLVE APPOINTING A COMMITTEE TO PROCURE BLANKETS, 
ETC., FOR THE ARMY. 

Whereas the Army is under the most pressing necessity for 
Blankets, Stockings and Shoes, and it being of the last importance 
that these Articles shou'd be procured so soon as may be: 

It is therefore 

Resolved That Caleb Davis Esq"" Capt George Williams & M' 
Ellis Gray be a Committee to purchase any Blankets, Stockings 
and Shoes that the Deputy Clothier General declines purchasing 
on account of the high prices at which the Possessors of those 
Articles hold them; that said Committee offer any such Possessor 
such Prices therefor as they judge reasonable, and if he shall 
refuse delivering any of the aforesaid Articles on such Terms, then 
the said Committee are hereby impowered and directed in the 
Name of the State to seize them for the Use of the Army, and to 
cause them to be appraised by two or more judicious disinter- 
ested Persons under Oath, as the said Committee and Possessor 
shall agree on; and in case they do not agree, they two shall ap- 
point a third Appraiser, and if the Possessor or Possessors shall 
refuse to appoint any Person to appraise said Goods, the Com- 
mittee aforesaid are hereby impowered and directed to appoint 
two Persons for that purpose. 

And the said Committee are also impowered & directed by the 
Authority aforesaid to require all Aid and Assistance necessary for 
this purpose, and every Person refusing any aid which shall be 
required of him as aforesaid, shall forfeit and pay to the Use of 
the Public the Sum of One Hundred Pounds or suffer six month 
imprisonment. And the abovemention'd Committee are further 
directed to deliver the Deputy Clothier General, the whole of the 
Articles they receive into their hands in consequence of this Order, 
receiving of him the Cash to make payment therefor. [Passed 
January 31. 

' This date is January 28 according to Legislative Records of the Council. 



(5th Sess.] Resolves, etc. — 1777-78. 265 

CHAPTER 695. 

RESOLVE ON THE PETITION OF HUGH ORR. 

Upon the Petition of Hugh Orr of Bridgewater, praying that Legislative 
the State Furnace in said Bridgewater under his Direction may be Council, 
supplyd with wood, Coal & Ore from a Tract of Land lying in the ^^g^g"' ^^^" 
Town of Taunton, consist^ of about Eleven hundred Acres, for- Archives 
merly owned by John Borland, late of Boston 



Resolved that the prayer of the Petition be granted, and that the Anihives, 
CoTiiittee of Safety & Correspondence of the said Town of Taun- "ixxxiii., 387. 
ton be empowered & directed to view the premises and direct the 
said Orr where it may be least injurious to the land to cut said 
wood & dig said Ore, and from time to time determine the value 
of said wood & Ore and keep an exact acco' of the quantity of 
each, and they also are directed that no part of said wood or Ore 
be disposed of for any other than the purpose aforesaid. [Passed 
January 31. 

CHAPTER 696. 

VOTE ON THE REPORT OF THE COMMITTEE ON THE PETITION OF 

JOHN AMORY. 

The Committee of both Houses, on the within petition [of John Legislative 
Amory] report that the prayer thereof be so far granted as that counclf °^*^* 
the Sd John Amory be Suffered to remain in Boston under the care xxxviii.,'276. 
of the Sheriff of the County of Suffolk, to be confined in some safe Archives, 
& suitable place until Monday morning next, & that he be al- ccxvi.. 455. 
lowed to take with him a Servant, provided such Servant is will- ^^^j^.- 
ing to leave this State with Sd Amory and the name of such ccxvi..45'5. 
servant & the Town to which he belongs be returned before his 
departure into the Office of the Secretary of this State; and that Sd 
Amory have liberty to take with him such of his children as he 
may think proper, said Children & Servant to be restricted from 
carrying with them any Papers or Effects excepting their wearing 
Apparel & such small Articles as may be necessary for their Jour- 
ney. Which is Submitted 

Sever ^ ord^ 
In the House of Representatives 

Read & Passed 
In Council 

Read & Concurred. [Passed January 31. 



CHAPTER 697. 

RESOLVE ALLOWING £841. 8. 4 TO HON. WILLIAM SEVER, ESQ^ Legislative 

Records of the 
Ck)uncil, 

On the Petition of the Honble William Sever Esq"" m^^^''^"^^' 

Resolved that the said William Sever Esq' Receive out of the Archives, 
Publick Treasury of this State Eight hundred forty one Pounds '"'''^'" ^^'^^ 



Eight Shillings & four Pence in full of his account for Building the Archives, 
Brigantine Independence and furnishing her with sundry Stores ccxvi., 453. 
for two Cruizes. [Passed January 31. 



266 



Resolves, etc. — 1777-78. [Chaps. 698-700.] 



CHAPTER 698 



Legislative 
Hecords of the 
Council, 
xxxviii., 277. 
Mass. 
.\rchives, 
ccxvi., 458. 

Mass. 
Archives, 
ccxvi., 457. 
Province Laws, 
xix., 829, 
chap. 925. 



RESOLVE ON THE PETITION OF URIAH WRIGHT. 

On the Petition of Uriah Wright in Behalf of the Select men 
of the Town of HoUis in the State of New Hampshire, Setting 
forth that one Eli Stiles of said Hollis did inlist himself into the 
Service for the Town of Littleton in this State, and was Mustered 
by James Barret Esqr and Received the Continental and this 
State Bounty; and whereas said Eli Stiles is also Inlisted in said 
Hollis and Reckoned for a Souldier for said Town and also Reck- 
oned for a Souldier in said Town of Littleton 

Resolved that it appears to this Court that the said Eli Stiles 
ought to be considred as a Souldier for the Town of Hollis, he 
belonging to said Town and not to be reckoned for the Town of 
Littleton and that upon the said Uriah Wright's paying back to 
James Barrett Esqr both the Continental and this States Bounty, 
the said Eli Stiles be discharged from being a souldier for said 
Littleton, the said James Barret Esqr to be Accountable to this 
Court for the Bounties aforesaid. [Passed January 31. 



CHAPTER 699 



Legislative 
Records of the 
Council, 
xxxviii., 259. 
Mass. 
Archives, 
ccxvii., 8. 

Mass. 
Archives, 
ccxvii., 9. 



RESOLVE ON THE PETITION OF STEPHEN CROSS AND RALPH CROSS. 

On the Petition of Stephen & Ralph Cross: praying the Court 
to grant them a Sum of Money for the Use of John Allan Esq 
Continental Agent of Indian affairs in y" Eastern Department 

Resolved that the prayer of the Petition be So far granted that 
the Treasurer of this State be directed to pay to the Petitioners 
for the use of y' s^ John Allan Esq"^ the Sum of three Hundred 
pounds as Soon as the State of the Treasury will admit of the 
Same; Said Petetioners to be accountable to this Court for the 
same untill the Said Jn" Allan Esq"" as Continental agent as afore- 
said shall by Writting under his Hand or in some other Way 
make himself accountable for the Same and no longer. [Passed 
February 2.^ 



CHAPTER 700. 

RESOLVE ON THE PETITION OF THE ASSESSORS OF THE TOWN OF 

IPSWICH. 



Legislative 
Hecords of the 
Council, 
xxxviii., 275. 
Mass. 
Archives, 
ccxvi., 459. 

Mass. 
Archives, 
ccxvi., 460-476. 
Ivegislative 
Hecords of the 
Council, 
xxxviii., 53, 
96 ter. 



The Com'^"'" of both houses appointed to take into Considera- 
tion the petition of the Assessors of the Town of Ipswich &c 
report That they have attended that Service and having fully 
heard the parties, it appears that the Assess[ors] have . . . ^ the 
facts and that the Ass[essment] was . . . ^ on principles . . . ^ 
and that the same ought to be confirmed & made Valid and there- 
fore report the following Resolve 

Oliver Prescott ^^ order 

Resolved That the prayer of the petition of the Assessors of the 
Town of Ipswich be granted and that the Assessment therein 
mentioned be and hereby is made Valid to all intents and pur- 

' This date is January 24 according to Legislative Records of the Council. 
2 MS. mutilated. 



[5th Sess.] Resolves, etc. — 1777-78. 267 

poses, and this Resolve may be pleaded in Bar to any Suit that 
hath been or shall be brought [by]^ any person to nulliffy said]' 
Assessment, any [Law, Custom or Usage to the]' Contrary not- 
withstanding. 

In Council 
Read & accepted 

In the House of Representatives 
Read & concurred. [Passed February 2} 



CHAPTER 701 . 

RESOLVE ON THE PETITION OF HANNAH THOMAS. 

On the Petition of Hannah Thomas Executrix to the last Legislative 
[Will and]i Testament of John Thomas Esq Late of Kingston in counclr^ ^""^ 
[the County]' of Plimouth Deceas'*, Praying for an allowance [for Mass"" "'^^' 
keeping]' the Light House on the Gurnett at the entrance [of Archives, 

Pli] 'mouth Harbour one year five months and Nine days [ending °'''^^"" ^'- 

the]' 23 Day of April 1775 at which time the Lights were Ex- ^rohives. 
tinguished. ccxvii., le 

Resolved that there Be allowed and Paid out of the Treasury of xvUi., 769, 
this State to Hannah Thomas the Petitioner in Her Said Capacity '^^^^- "^• 
the Sum of Eighty Six Pounds ten Shillings in full for the Services 
as aforesaid. [Passed February 2. 



CHAPTER 702. 

VOTE ON REPORT OF COMMITTEE RESPECTING THE COMPLAINT 
OF ROBERT PIERPOINT, COMMISSARY OF PRISONERS, AGAINST 
CAPT. JOHN AYRES. 

The Committee of both Houses to whom was referred [the LeRisiativc 
Complaint]' of Robert Pierpoint, Esq% against [Cap' John Ay res]' councif,°^ *''*" 
and the Complaint of Cap' Ayers against [M'' Pierpoint]', have xxxviii.,'278. 
attend[ed]' that service & beg leave [to report]' that the Com- Archives, 
plaints exhibited by Cap' [Ayres against M"' Pier] 'point as [Com- '"^^^'- ^ 
missary]' of Prisoners, are in the opinion of your Committee with- ^^^p^-^g^ 
out foundation, they having discovered nothing in his conduct ccxvi., 434, 435; 
relative to y^ charges brought against him by s'' Ayers inconsistent *'"^''^"' " • 
with his duty as Commissary of Prisoners. 

That with respect to the Complaints made by M"' Peirpoint 
against Cap' Ayres, your Committee are of opinion that in some 
instances they are supported by sufficient evidences, & in other 
parts of said Ayers's conduct the presumption seems to be against 
him, upon y® whole your Com'^® see no reason to blame M' Peir- 
point for dismissing Cap' Ayers from any further services. 
Which is Humbly submitted. 

Caleb Cushing ^ order 
In Council 

Read & accepted 

In the House of Representatives 

Read & concurrd. [Passed February 2. 

^ Inserted from Legislative Records of the Council. 

* This date is January 31 according to Legislative Records of the Council. 



268 



Resolves, etc. — 1777-78. [Chaps. 703-706.] 



CHAPTER 703. 



Legislative 
Records of the 
Council, 
xxxviii., 279. 
Mass. 
Archives, 
ccxvii., 10. 



RESOLVE FOR CONTINUING THE GUARDS AT CAMBRIDGE. 

Resolved that the Men employed as Guards to the Troops of the 
Convention now doing duty at Cambridge, be and hereby are 
continued in that Service until the third day of April next, unless 
sooner discharged, and no longer; and that all the monies due to 
them from this State for their past service, be immediatley paid 
them, and that each noncommissiond Officer and private Soldier 
doing duty there shall receive the further addition of Twenty 
Shillings p month for their future service, to commence from the 
third day of Febua^ next. [Passed February 2. 



CHAPTER 704. 



Legislative 
Records of the 
Council, 
xxxviii., 279. 
Mass. 
Archives, 
cbcxxiii., 359. 

Mass. 
Archives, 
clxxxiii., 358. 



RESOLVE ON THE PETITION OF ABIGAIL WHIPPLE. 

Resolved that the Com^" of Sequestration be & hereby are di- 
rected to deliver to x\bigail Whipple or order, the Family Pictures 
of Silvester Gardiner now in said Committees hands, any Act or 
Resolve of this Court to the contrary notwithstanding. [Passed 
February 2. 



CHAPTER 705. 



Legislative 
Records of the 
Council, 
xxxviii., 280. 



RESOLVE ON THE PETITION OF CAPT. JOAB STAFFORD. 

Ox THE Petition of Captain Joab Stafford in behalf of himself 
and Lieutenant Dydymus Parker and John Wilmuth. 

Resolved That there be paid out of the Treasury of this State 
to the said Stafford, the Sum of Thirty nine Pounds two ShilUngs; 
to the said Parker, Eight Pounds five Shillings; and to the said 
Wilmuth, thirteen Pounds nineteen Shillings and four pence; in 
full for loss of time, expences incurred for Nursing and Surgeons 
Accounts, by reason of the wounds they received in the action at 
Bennington on the Sixteenth of August last. [Passed February 2. 



CHAPTER 706 



Legislative 
Records of the 
Council, 
xxxviii., 280. 



RESOLVE ON THE PETITION OF JOSEPH NYE AND CALEB HYDE. 

Upon the Petition of Joseph Nye and Caleb Hyde, Praying 
payment of money expended in raising Soldiers in Seventeen 
hundred and Seventy Six. 

Resolved That there be paid out of the Treasury of this State to 
Joseph Nye, EsqJ, the Sum of Nine Pounds Eight Shillings, and 
to Caleb Hyde, the further Sum of Twenty six Pounds Eighteen 
Shillings; it being money they expended in raising Men for the 
Northern and Southern Departments in the Year Seventeen 
hundred and Seventy Six, more than they received out of the 
Treasury, as appears by the original inlistments deposited in the 
hands of a Committee of the House appointed to settle such Ac- 
counts. [Passed February 2. 



[5th Sess.] Resolves, etc. — 1777-78. 269 



CHAPTER 707. 

RESOLVE ON THE PETITION OF ALEXANDER SHEPARD, JUN^ AND 
OTHERS OF NEWTON. 

On the Petition of Alexander Shepard, Jun"^, and others, In- Legislative 
habitants of the westerly part of the town of Newton, praying coundf °^ ^^^ 
relief from the extraordinary charges which are incur'd by the xxxviii„'279. 
support of the Gospel in two places in said town. Archives. 

Resolved that the Petitioners notify the adverse party to appear cc'^v"- '^- 
at the second Tuesday of the next sitting of this Court, by serving Ar^c^ives 
the Clerk of said Newton, with an attested copy of this Petition ccxvii., 16-13. 
with this Order thereon, at least fourteen days before the day 
above prefixed, that they may then shew cause if any they have, 
why the prayer of the Petition shall not be granted. [Passed 
February 2. 

CHAPTER 708. 

RESOLVE IMPOWERING MAJ. GENi- HEATH TO ESTABLISH INOCU- 
LATING HOSPITALS FOR RECRUITS. 

The Committee appointed to consider the within Letter [Gen' ^g^^^rfig'^f ^^e 
Heath's] beg leave to report by way of Resolve. Council. 

John Taylor ^ Order ^LTf • '^°- 
Resolved that Major General Heath be & he hereby is im- tcxv{\.^\'~. 
powered to improve the five houses known by the name of aries '^}ji^_ 
little in West Springfield, for Inoculating the Continental Troops Archives 
with the Small Pox, he paying the proprietors a reasonable rent 
for the same, and in case they shall not be sufficient for the above 
purpose, in that case the Barracks at Sewalls Point may be im- 
proved for Inoculating the Troops. 

In the House of Representatives 
Read & accepted 

In Council 
Read & Concurred. [Passed February 3.^ 



CHAPTER 709. 

RESOLVE ON THE PETITION OF CHARLES WHITE. 

On the Petition of Charles White, Praying for a consideration Legislative 
for the loss of a Horse on the Nineteenth of April Seventeen hun- cou°''Jf °^ ^^^ 
dred and Seventy five. xxxviii..'28i. 

Resolved That the Prayer of the Petition be granted, and that 
there be paid out of the Publick Treasury of this State to the said 
Charles White, Eighteen Pounds in full for said Horse, Saddle and 
Bridle. [Passed February 3. 

1 This date is February 2 according to Legislative Records of the Council. 



270 



Resolves, etc. — 1777-78. [Chaps. 710-712.] 



CHAPTER 71 



Legislative 
Records of the 
Council, 
xxxviii., 281. 



RESOLVE ON THE PETITION OF COL" MILES POWELL. 

On the Petition of Colonel Miles Powell. 

Resolved That there be paid out of the Treasury of this State 
to the said Powell, the sum of Four Pounds Ten Shillings in addi- 
tion to the Sum of Five Pounds, Eight Shillings & Eight pence 
two Farthings, in full for his service in the American Army at 
Cambridge as a Lieutenant Colonel from the Twenty second 
Day of April Seventeen hundred Seventy five to the Twenty 
second of May following. [Passed February 3. 



CHAPTER 711. 

RESOLVE IMPOWERING JONATHAN PORTER, ADMINISTRATOR, TO 
SELL REAL ESTATE. 



Legislative 
Records of the 
Council, 
xxxviii., 282. 
Mass. 
Archives, 
ccxvii., 19. 

Mass. 
Archives, 
ccxvii., 20, 21. 



On the Petition of Jonathan Porter, Administrator on the 
Estate of Nathaniel Jinkins, late of Maiden in the County of 
Middlesex dec*^, praying for leave to sell the Real Estate of said 
Jinkins for reasons in the Petition mentioned. 

Resolved that the Prayer of the Petition be granted, and that 
the said Jonathan be and he hereby is impowered to sell the 
Estate in said Petition mentioned for the most the same will 
fetch, and to make and execute a good and sufficient Deed or 
Deeds to the person or persons purchasing the same, he observing 
the rules of the law in the sale of Real Estates by Executors & 
Administrators, and giving bond to the Judge of Probate for said 
County, that the proceeds of said sale shall be appropriated to the 
discharge of the debts of the said Jinkins, and the remainder 
thereof to be disposed of according to law saving the Widdow's 
Right of Dower in the said Estate. [Passed February 3. 



CHAPTER 712. 



Legislative 
Records of t 
Council, 
xxxviii., 282 
Mass. 
Archives, 
ccxvii., 22. 

Mass. 
Archives, 
ccxvii., 23. 



he 



RESOLVE ON THE LETTER OF ROBERT BRECK RELATIVE TO THE 
TRANSPORTATION OF STATE STORES. 

On THE Letter from M*" Robert Breck to Caleb Davis, Esq^ 
praying that a Committee might be appointed by the General 
Court, to examine the accounts of services, damages & expences 
sustained by people in Northampton by transporting the State 
Stores, who were impress'd for that purpose. 

Resolved that Simeon Parsons, Jacob Parsons & Joseph Cook, all 
of Northampton, or either two of them, be and they hereby are 
appointed a Committee to hear the people who were impressed last 
winter to transport the State Stores from Northampton towards 
Albany, and to consider what particular expences & losses they 
sustain'd in their Teams or otherwise, by transporting the said 
Stores and to make them such reasonable compensation therefor 
as they shall think proper; and the Committe appointed to for- 
ward said Stores, are hereby directed to pay such sums to the 
people aforesaid as the said Simeon Parsons, Jacob Parsons & 
Joseph Cook, or either two of them, shall appoint; which said 
sums when paid sliall be in full discharge of all services, expences 
& damages sustained as aforesaid. [Passed February 3. 



:[5th Sess.] Resolves, etc. — 1777-78. 271 



CHAPTER 713. 

RESOLVE IMPOWERING JOHN MINOT, ADMINISTRATOR, TO SELL 

REAL ESTATE. 

On the Petition of John Minot, Administrator on the Estate Legislative 
of Jonathan Harwood, Jun"", late of Chelmsford Deceased, praying coundi^"^ ^""^ 
for liberty to sell the lands mentioned in said Petition. ISs"' ' ^^^ 

Resolved that the Prayer of the Petition be granted and that the Archives, 
said John Minot in his said Capacity, be and is hereby impowred '"'''^"•' ^^' 
to make sale of the lands and buildings mentioned therein for Ar^chives, 
the most the same will fetch, and to make and execute a good ccxvii., 26. 
Deed or Deeds for the same to the purchaser or purchasers, he 
observing the rules in the law for the sale of Real Estates by Ex- 
ecutors and Administrators, and giving bond to the Judge of Pro- 
bate for the County of Middlesex, that the proceeds of said sale 
be disposed of, one third part of the interest thereof to the Widow 
during life and the remainder to and amongst the heirs according 
to law. [Passed February 3. 



CHAPTER 714. 

RESOLVE ESTABLISHING THE WAGES, ETC., OF THE GUARD AT 

GROTON. 

Resolved that there be allowed [and paid]^ out of the publick Legislative 
'Treasury of this [State] ^ unto the men stationed at [Groton, f or] ^ Council, 
a Guard the same wages & ra[tions thatj^ are allowed to the Sea Mass"'^^^ 
•Coast men. {Passed Fehruani 3. Archives, 

"■ "^ ccxvii., 27. 



CHAPTER 715. 

RESOLVE IMPOWERING COL'^ MOSES HAZEN, DEPUTY QUARTER- 
MASTER GENERAL, TO IMPRESS TEAMS, ETC., FOR THE TRANS- 
PORTATION OF PROVISIONS. 

The Committe of both Houses appointed to consider General Recorjg'of the 
Gates' orders to Colonel Moses Hazen, &c, have attended that Council, 
service and report the following Resolves. ft^'"" ^^* 

Artemas Ward t? order Archives 

^ ccxvn., 30. 

Resolved that Colonel Moses Hazen, Deputy Quarter-Master 
General in the Northern Department, be and he hereby is au- 
thorized and impowered in case of necessity to Impress such and 
so many drivers, teams and carriages in the Counties of Hamp- 
shire & Berkshire, as he shall stand in need of for the purpose of 
transporting Provisions from the Western parts of this State to 
the Northward, he paying the owners or drivers of the same a 
reasonable sum for their time & use & service of his and their 
teams & carriages he shall so Impress. 

Resolved that Major General Heath be and he hereby is im- 
powered to appoint and commissionate a suitable Subaltern in the 
Eastern parts of this State, and order him to raise twelve able 
bodied effective men and order the said officer to march them 

1 Inserted from Legislative Records of the Council. 



272 



Resolves, etc. — 1777-78. [Chaps. 716, 717.] 



from the Eastern parts of this State towards Canada, in such 
manner as General Heath shall think most expedient. 
In the House of Representatives 
Read & accepted 

In Council 
Read & Concurred. [Passed February 3. 



CHAPTER 716 



Legislative RESOLVE DIRECTING THAT MOSES MACKINTOSH SERVE WITH GAR- 

Recordsofthe RISON AT CASTLE ISLAND. 

Council, 

xxxviii., 284. 

Mass. 

Archives, 

ccxvii., 31. 



Mass. 
Archives, 
ccxxvi., 43. 



Resolved that the Commanding Officer at Castle Island be & he 
hereby is directed to receive Moses Mackintosh (who was formerly 
a Sergeant there) into the pay & service of this State at that 
Island, there to do duty & to receive pay & rations as other Pri- 
vate Soldiers of that Garrison. [Passed February 3. 



CHAPTER 717 



RESOLVE APPOINTING COMMITTEES TO PROCURE RETURNS OF THE 
MALE INHABITANTS THROUGHOUT THE STATE. 



Legislative 
Records of the 
Council, 
xxxviii., 284. 
Mass. 
Archives, 
ccxvii., 32, 33. 

Province Laws, 
xix., 725, 
chap. 680. 



Notwithstanding repeated Orders have issued from this 
Court, calling upon the Selectmen & Committees of the several 
Towns & Plantations in this State, to make returns of all the 
Male Inhabitants in their respective Towns & Plantations above 
the Age of 16 Years, and upon the Militia Officers to make returns 
of all the Men inlisted into the Continental Army from such 
Towns or Plantations or drafted to serve for eight Months: yet a 
considerable part of said Selectmen, Committees and Officers have 
either neglected to make any returns, or have made such as are 
deficient and irregular, & it being absolutely necessary that com- 
pleat returns should be immediately made and the Continental 
Battalions Compleated, It is 

Resolved That Thomas Crane, Esq"", Coll Benjamin Hawes & 
M"' John Goddard of Brookline, be a Committee to go into the 
County of Suffolk; and Cap*^ Joseph Hosmer, Capt Jonathan 
Stickney & Amos Perry of Sherburne, into the County of Middle- 
sex; and Gen' Farley Nath' Lovejoy & M'' Will™ Shellaby into the 
County of Essex; and George Partridge, Escf, & Cap*^ David 
Kingman into the County of Plymouth; and Joseph Nye, Esq"", of 
Sandwich into the County of Barnstable; and Tho^ Durfey, Esq, 
& M' Elkanah French into the County of Bristol; and Brigadier 
Jonathan Warner, Israel Nichols, Esq, Captain Abijah Lamb of 
Charlton, Coll Moses Wheelock of Westborough, and Lieut Paul 
Kindall of Templeton, into the County of Worcester; and Ben- 
jamin Mills, Esq, M' Jonathan Thompson, of Brimfield, and Coll 
Daniel Whitmore of Sunderland, into the County of Hampshire; 
and Cap^ Silas Goodridge, Cap'' Oliver Belding & Cap' David 
Wheeler into the County of Berkshire; and Brigad'' John Frost 
into the County of York; and Capt Briant Morton & Maj"^ 
Daniel Ilsley into the County of Cumberland; and said Commit- 
tees are hereby authorised and required forthwith to call upon the 
Selectmen of the several Towns, and Committees of Correspond- 
ence &c of the several Plantations within their respective Counties, 
to make immediate returns to them the said Committees respec- 



[5th Se^^s. 



Resolves, etc. — 1777-78. 



273 



tively of the Number of all the Male Inhabitants of 16 Years 
old and upwards, at home and abroad, including as well, those 
far advanced in Age, Sick, Decrepid, Paupers, those who have 
been driven from Boston and other Towns in this State by the 
Enemy, Negroes, Indians, and Molattoes, who were resident in 
the Town where such return is to be made on the first Day of 
January 1777, as those who then belonged to the Train Band 
and Alarm-List (except Prisoners of War and the People called 
Quakers), unless it shall be made certainly to appear to the said 
Committees, that such returns have been already made and 
actually lodged in the Secretaries Office, agreeable to a Resolve of 
this Court of December 10*^'', 1776. 

And the said Committees are also authorised and required to 
call upon the Militia Officers of every rank & upon y^ Select Men 
where there are no Militia Officers to make immediate returns to 
them the said Committees respectively, of all the Men inlisted 
into the Continental Army and of those drafted for eight Months 
from their respective Brigades, Regiments, Towns, Plantations and 
Companies, agreeable to a Resolve of this Court of ye IS''' of Aug- 
ust last, unless it shall appear as above, to the said Committees, 
that such compleat & authentick returns have been already made. 

And the said Committees are also directed to call upon the 
Militia Officers, Selectmen, and Committees of the several Towns 
and Plantations, forthwith to compleat their respective Quotas of 
Men for the Continental Army, as they regard the Safety of the 
United States and would avoid the pains and penalties of the 
Laws or Resolves in that case provided; and the Chairman of each 
of the said Committees are hereby directed to report on or before 
the 20''^ Day of Feb'' Instant, the returns they shall receive & 
the names of all such Selectmen, Committees of Correspond- 
ence & Military Officers as have neglected the duties required 
of them by the Resolve of the 15"^ of August last & incured 
the penalties thereof: and it is further 

Resolved that the Attorney General be & hereby is directed 
to commence prosecutions & pursue them to final judgment & 
execution against all such Selectmen, Committees & Military Offi- 
cers as have incurred the penalties of the Resolve of the 15'^'' of 
August last, provided they shall not by the first day of March 
next have fully complied with the requesitions of the same. 

And be it further 

Resolved that the beforementioned returns shall be made on oath 
before a Justice of the Peace, the Town Clerk or some one Mem- 
ber of the Committee appointed by this Resolve, who are hereby 
authorised to administer the same. 

And be it also 

Resolved that the Form of the Returns of the Men raised for the 
Continental Army shall be in the Form following, viz'' 



Names of 

men engaged 

in service. 


Towns they 
belong to. 


Towns for 

which they 

are inlisted 

or hired. 


Captains 

under 

whom they 

inlisted. 


Colonels 

under 

which they 

serve. 


Time when 
their en- 
gagements 
end. 


State 
for which 

they 
inlisted. 









































































[Passed February 3. 



274 



Resolves, etc. — 1777-78. [Cil\ps. 718-720.] 



CHAPTER 718 



Legislative 
Records of the 
Council, 
xxxviii., 287. 
Mass. 
Archives, 
cexvii., 34. 

Mass. 
Archives, 
cexvii., 35-38. 



RESOLVE IMPOWERING EPHRAIM SAWYER AND KEZIAH SAWYER, 
ADMINISTRATORS, TO SELL REAL ESTATE. 

On the Petition of Ephraim Sawyer and Keziah Sawyer, 
Administrators on the Estate of Ezra Sawyer, late of Lancaster 
Deceased setting forth the difficulties there are in settling said 
Deceased's Estate as sett forth in said Petition — 

Resolved that the Prayer of said Petition be so far granted that 
the said Ephraim Sawyer and Keziah Sawyer in their said capac- 
ity, with the advice and direction of the Selectmen of said Lancas- 
ter, be and are hereby impowred to settle said Estate and if need 
be to sell any part of the Real Estate of the deceased for the 
payment of the debts mentioned in said petition, and to make 
and execute good Deeds in the law to the purchasers, and to do 
and perform in all matters relating to the settlement of said 
Estate in as full and ample a manner to all intents and purposes 
whatsoever, as the said Ezra Sawyer might or could have done 
in his lifetime, giving proper security to the Judge of Probate for 
the County of Worcester to account for their proceedings in the 
premises when thereto required; provided always that said Select 
Men, or Guardians to the Children when appointed, take proper 
care that the interest in said Estate be secured to said Children 
being Minors. [Passed February 4- 



Legislative 
Records of the 
Council, 
xxxviii., 288. 
Mass. 
Archives, 
cexvii., 39. 



CHAPTER 719. 

RESOLVE AUTHORIZING THE DEPUTY CLOTHIER GENERAL TO AP- 
POINT INSPECTORS OF CLOTHING. 

Resolved that M' Otis, Deputy Clothier General, be requested 
to appoint two judicious faithful Tailors as Inspectors of Cloath- 
ing, whose duty it shall be carefully to examine every garment 
that is or shall be made for the use of the Army (not already sent 
forward), and receive none but such as are made in such manner 
as will effectually answer the purpose for which they are de- 
signed; that he be also requested to give particular orders to the 
said Inspectors concerning this business and cause them to be 
under oath faithfully to discharge the duty of their appointment. 
[Passed February 4- 



CHAPTER 720 



Legislative 
Records of the 
Council, 
xxxviii., 288. 
Mass. 
Archives, 
cexvii., 41, 42. 

Mass. 
Archives, 
cexvii., 40. 



RESOLVE TO SUSPEND FILLING VACANCIES IN THE CONTINENTAL 

REGIMENTS. 

Whereas by a Resolve of Congress dated Decem' 31'\ A.D. 
1777, it has been recommended to the several States to suspend 
filling up any Vacancies in their respective Regiments untill they 
shall hear further from Congress on the Subject: 

Resolved that the filling up of any Vacancy in any Regiment of 
the Continental Army belonging to this State be and hereby is 
suspended accordingly. [Passed February 4. 



[5th Sess.] Resolves, etc. — 1777-78. 275 

CHAPTER 721. 

RESOLVE ON THE PETITION OF SAMUEL STUBBS. 

On the Petition of Samuel Stubbs, Praying a consideration Legislative 
for inlisting fifteen Men for the Continental Army and wages. CoSncf^*^^ 

Resolved That there be allowed and paid out of the Treasury of xxxviii., 288. 
this State to the Petitioner the sum of Six pounds in full con- 
sideration for his inlisting said Men. [Passed February 4- 



CHAPTER 722. 

RESOLVE AUTHORIZING THE APPOINTMENT OF A NAVAL OFFICER 
IN DUKES COUNTY. 

On the Petition of a number of the Inhabitants of the Town Legislative 
of Tisbury, in Duke's County, setting forth the great inconven- counclf, °^ *^^ 
iency that they labour under for want of a Naval Officer. jf'''^"' ^^^" 

Resolved that there shall be a Naval Officer appointed in Duke's Archives. 
County for the purpose of Entring & Clearing such Vessels as go in ^^^'^^- ^^• 



or out at the several Ports, & Harbours in said County, agreeable Archives, 
to the laws of this State. [Passed February 4- ccxvii., 46. 



CHAPTER 723. 

RESOLVE DIRECTING THE BOARD OF WAR TO IMPORT FLOUR FOR 

THE ARMY. 

Whekeas by a Resolution of Congress of the 14''' of January, Legislative 
1778, the Board of War of this State is requested to Import a coundf °^ *^^ 
quantity of Flour for the Use of the Continental Army for the xxxviii.,' 289. 
next Campaign, Therefore Ardhives, 

Resolved that the Board of War be desired to carry said Reso- ccxvii., 47. 
lution into execution in the best and speediest manner in their 
power. [Passed February 4- 



CHAPTER 724. 

RESOLVE DIRECTING LEVI SHEPHARD, COMMISSARY, TO TRANS- 
PORT CLOTHING AND SMALL STORES FROM KINDERHOOK TO 
PENNSYLVANIA. 

Whereas great complaints are made by that part of the army Legislative 
raised in this State, & now doing duty in the State of Pensel- coundf, ''^ *^^ 
vania, for want of Small Stores, which were promised them by this xxxviii. ,'289. 
State, and as it appears to this Court that a considerable quantity Archives, 
of said Stores designed for said Troops are now lodged at Kinder- ccxvn., 48. 
hook under the care of Levi Shephard, Esq"", Commisary of Said ^rlfhive 
Stores: cxcix., i.' 

it is therefore 

Resolved that the said Levi Shephard, Esq', be & he is hereby 
directed to take the most effectual measures to transport said 
Stores, togeather with any others he may receive for that purpose, 
as allso any Cloathing he may have on hand designd for said 



276 



Resolves, etc. — 1777-78. [Chaps. 72.5-727.] 



Troops, to such place as he shall Judge most convenient for issuing 
them out, agreable to former orders from this Court, and it is ear- 
nestly recomended to the Comanding officer in any place through 
which said Stores may pass, to give the said Commisary or his 
deputy all the assistance in their power. [Passed February 4- 



CHAPTER 725. 



Legislative 
Records of the 
Council, 
xxxviii., 289. 
Mass. 
Archives, 
ccxvii., 44. 



RESOLVE APPOINTING A COMMITTEE TO MAKE ENQUIRY CON- 
CERNING PROVISIONS, ETC., SUPPLIED THE ENEMY. 

Whereas sundry persons were by this Court yesterday ap- 
pointed to go into the several Counties & Towns within this 
State, & make particular enquiry into the reasons of the De- 
ficiency of the number of Men heretofore ordered to be raised for 
Reinforcing the Continental Army, & report to this Court on 
or before the 20^^ instant; and Whereas this Court hath received 
information that Supplies of provisions of various kinds have been 
sent from, or thro this State to our Enemies the British Troops 
by the way of Nantucket, or thro some other channel: Therefore 

Resolved that Thomas Durfee, who is appointed to go into the 
County of Bristol, George Partridge into y® County of Plymouth & 
Joseph Nye into the County of Barnstable, for the purpose above- 
mentioned, be & they are hereby impowered & directed also to 
make strict enquirey & get all the intelligence they can respecting 
such Supplies of provisions, & report at their return, that so 
proper measures may be taken for the punishment & prevention 
of such vile practices. [Passed February 4. 



CHAPTER 726 



Legislative 
Records of the 
Council, 
xxxviii., 290. 
Mass. 
Archives, 
ccxvii., 43. 



RESOLVE ALLOWING £30 TO CAPT. BRIANT MORTON. 

Resolved that there be paid out of the publick Treasury of this 
State the sum of Thirty pounds to M"" Briant Morton, the Chare- 
man of the Committee to go to the County of Cumberland for 
the purpose of collecting the returns of the Number of Male In- 
habitants in each Town in the said County, to enable him to prose- 
cute the business abovementioned, he being accountable to this 
Court therefor. [Passed February 4- 



CHAPTER 727. 



Legislative 
Records of the 
Council, 
xxxviii., 291. 
Mass. 
Archives, 
ccxvii., 49. 



RESOLVE ALLOWING ADDITIONAL PAY TO COMMISSARIES AND 

THEIR DEPUTIES. 

Resolved that there be allowed & paid to Hezekiah Smith, Esq', 
Commisary of Small Stores for the Northern Department, and to 
Levi Shephard, Esq', Commisary of said Stores for the Southern 
Department, Four pounds $? Month each in addition to Sixteen 
pounds p month heretofore allowed them, and that Forty Shillings 
^ month be allowed to each of their Deputies in addition to 
Eight pounds -g* m° heretofore allowd them, said additional pay 
for the Commisaries and their Deputies to commence from & 
after the first day of January last. [Passed February 5. 



(5th Sess.] Resolves, etc. — 1777-78. 277 



CHAPTER 728. 

RESOLVE APPOINTING A COMMITTEE TO ASSIST THE DEPUTY 
QUARTER-MASTER GENERAL TO PROCURE TEAMS. 

On a Letter from Gen' Heath requestins; y® interposition of Legislative 

, . ^ . . ™ J. 1 i' 1 Oj. j. e Records 01 the 

this Court in procuring i earns to send torward btores to y^ Council, 
Army. ^^jf - ""-• 

Resolved That M' W™ Henry Prentice & M" Abner EUis be & ^^^^^y^^^^^ 

they are hereby appointed a Com*''^ to advise & assist the D^ — '■ 

Q. M. Gen' in procuring teams to forward y® Pubhck Stores to 



the Army, & s^ Comm*^® are hereby impowered & directed to 
impress Teams for that purpose if they shall judge it necessary. 
[Passed February 5. 



CHAPTER 729. 

RESOLVE APPOINTING CAPT. EBENEZER WALES ON THE COMMIT- 
TEE TO PROCURE RETURNS OF MALE INHABITANTS. 

Resolved that Cap* Ebenezer Wails be & he hearby is appointed Legislative 
in the room of Thomas Crane on the Committee appointed to go Councif, "^ 
into the several Towns in order to get a return from the Select- ^^"' ' ^^" 
men, Militia Officers, Committees, &c, of the number of Inhabit- Archives 

ants from sixteen years old and upwards, the number of men ^-^— ^ — - 

engaged in the Continentall Sarvice for three Years or During the 
War, &r. [Passed February 5. 



CHAPTER 730. 

RESOLVE IMPOWERING AARON READ, GUARDIAN, TO SELL REAL 

ESTATE. 

On the Petition of Aaron Read, Guardian to Mercy Peck & Legislative 
Rebekah Peck, Praying that he may be impowered to make sale Councif, " 
of the Real Estate of the s*^ Mercy & Rebekah, and to be applyed "^J^"' '^^■ 
to the use as set forth in s^ Petition. Archives^ 

Resolved that the Prayer of the Petition be granted and that '""'^" ' 



the Petitioner be and he is hereby impowered to make sale of the Archives, 
Real Estate in said Petition mentioned for the most that it will ^cxvii., 58-bo 
fetch, and make and execute a good Deed or Deeds thereof to the 
purchaser or purchasers, he observing the rules and directions in 
the law for the sale of Real Estates by Executors and Adminis- 
trators, and giving bond to the Judge of Probate for the County 
of Bristol that the proceeds of said sale shall be applyed for the 
payment of y® just debts and charges, and the remainder thereof 
for the support of said family as set forth in said Petition, they 
being Non compos mentis and under the care of the Selectmen of 
the Town of Rehoboth. [Passed February 5. 



278 



Resolves, etc. — 1777-78. [Chaps. 731-733.] 



CHAPTER 73 1. 



RESOLVE DIRECTING COL^ JABEZ HATCH TO DETACH MEN FOR 
GUARD DUTY IN BOSTON. 



Legislative 
Records of the 
Council, 
xxxviii., 295. 
Mass. 
Archives, 
ccxvii., 55. 



Resolved that Jabez Hatch, Esq'', Colonel of the Boston Regi- 
ment, be and he hereby is directed and required forthwith to de- 
tach from his Regiment a Guard to consist of, at least, One 
hundred and fifty Men including Officers, to do duty within the 
Town of Boston for the space of Forty Eight hours in such man- 
ner and at such places within said Town as General Heath shall 
direct. [Passed February 5. 



CHAPTER 732. 



RESOLVE ON THE PETITION OF JOHN TODD. 



Legislative 
Records of the 
Council, 
xxxviii., 292. 
Mass. 
Archives, 
ccxvii., 61, 62. 

Mass. 
Archives, 
ccxvii., 63. 



On the Petition of John Todd, praying that he may be per- 
mitted to depart from this State with a Schooner called the 
Friendship, loaded with the produce of the Country for the Island 
of Bermuda, he having brought from thence in said Vessel a load 
of Salt into this State; also praying that he may be permitted to 
purchase other Vessels to carry to said Island the overplus of the 
produce of said Salt & that the oaths respecting the property of 
said Vessels may be dispenced with 

Resolved that the prayer of the Petition be so far granted as 
that any Naval Officer in this State, within whose District said 
Todd may have occasion to load in part or in whole said Schooner 
Friendship, be & hereby is directed to grant for said Vessel all 
papers necessary for enabling her to proceed in the intended 
voyage; and if a Register is necessary that one be granted on 
said Todd's making oath that said Vessel is not in any part the 
property of any subject of the King of Great Britain other than 
the Inhabitants of said Island of Bermuda, provided said Todd 
shall give Bond at the Naval Office where he may take out a 
clearance in the sum of One thousand pounds, with two sureties 
in the sum of five hundred pounds each, conditioned that the 
cargo he carries in said Vessel shall not be landed in any of said 
Kings Dominions other than said Island of Bermuda. [Passed 
February 6.^ 



CHAPTER 733. 



RESOLVE DIRECTING COMMITTEE TO PURCHASE OR SEIZE BRICKS 
FOR COMPLEATING THE BARRACKS AT RUTLAND. 



Legislative 
Records of the 
Council, 
xxxviii., 294. 
Mass. 
Archives, 
ccxvii., 64. 

Mass. 
Archives, 
olxxiv., 97, 98. 



Whereas it has been represented to this Court that the Bar- 
racks building at Rutland for the reception of Prisoners cannot 
be compleated for want of Bricks, and this Court being informed 
that there are a number of Bricks in the hands of several persons 
living near said Town of Rutland, who are unwilling to dispose of 
the same, whereby the finishing of said Barracks is totally pre- 
vented and the Intrest of the Continent greatly injured 

therefore 

Resolved that John Frink, Esq', Maj' Daniel Clap and Deacon 

1 This date is February 5 according to Legislative Records of the Council. 



[5th Sess.] Resolves, etc. — 1777-78. 279 

How, or either of them, a Committee for building the Barracks 
aforesaid, be and they hereby are directed to procure by purchase 
at a reasonable price as many Bricks as will be sufficant to com- 
pleat said Barracks and appendages, and in case the owner or 
owners thereof shall be unwilling or refuse selling the same, they 
are hereby impowered and directed to seze and take into their 
custoday said Bricks and to get them apprized by three indifferent 
persons, one to be chose by the owner of said Bricks, one by the 
Committee and the third by those two who shall be first chosen, 
and if the owner of said Bricks shall neglect or refuse to appoint 
a person for the purpose aforesaid, the Committee are hereby 
directed to appoint a person in his or their room. [Passed Feb- 
ruary 6.^ 



CHAPTER 734. 

RESOLVE ON THE PETITION OF SOLOMON RIDER. 

On the Petition of Solomon Rider, Praying for liberty to Legislative 
purchis One Hundred & Fifty Bushells of Indian Corn for the g^^Xtr^*^^ 
use of the Inhabitants of Yarmouth in Nova Scotia, &c. xxxviii.,'296. 

Resolved that the Petition be so far granted, that the Petitioner Archives, 
have liberty to purchise, under the inspection of the Commit- ccxvu., 65. 
tee of Newbury Port, One Hundred Bushells of Indian Corn for Ar^chives 
the use sett forth in said Petition, and transport the same from cixxxiii, 397. 
the Port of Newbury Port to Yarmouth in Nova Scotia in the 
schooner Seaflower, whereof the Petitioner is Master, and the 
Naval Officer for the Port of Newbury Port is hereby directed to 
give him the necessary Papers therefor. [Passed February 6. 



CHAPTER 735. 

APPOINTMENT OF DAVID ROSSETER AS COLONEL OF THE 3«* 
BERKSHIRE COUNTY REGIMENT. 

In the House of Representatives. Legislative 

The House made choice by ballot of David Rosseter as Colonel Councif," 
of the third Regiment of Militia in the County of Berkshire, in the ^g^'""' ^^®" 
room of Coll Brown who has resign'd. Archives, 

T /^ •! ccxvii., 66. 

In Council 



Read & Concurred. [Passed February 6. 



CHAPTER 736. 

APPOINTMENT OF CALEB HYDE AS LIEUT. COLONEL OF THE 3«" 
BERKSHIRE COUNTY REGIMENT. 

In the House of Representatives. Legislative 

The House made choice by ballot of Caleb Hyde as Lieut g^^^'^'Jf^ °'^^^ 
Colonel of the third Regiment of Militia in the County of Berk- xxxviii.,'296. 
shire, in the room of David Rosseter elected Colonel. AnSives, 

In Council ''<'^''- ^^- 

Read & Concurred. [Passed February 6. 

' This date is February 5 according to Legislative Records of the Council. 



280 



Resolves, etc. — 1777-78. [Chaps. 737-739.] 



CHAPTER 7 37. 



RESOLVE ON THE PETITION OP C.\PT. SIMEON SAMPSON AND CAPT. 
JONATHAN HARRADEN. 



Legblative 
Records of the 
Council, 
xxxviii., 296. 
Mass. 
Archives, 
ccx%ni., 6S. 



On the Petition of Simeon Samson and Jonathan Haradan. 

Resolved that the Prayer of the Petition be granted and that 
after the present Cruizes are out, all Comanders of Armed Vessells 
in the service of this State be allow*^ Eight shares of all Prizes & 
Prize Goods which shall be captured by them. [Passed February 6. 



CHAPTER 738, 



Legislative 
Records of the 
Council, 
xxx\'iii., 297. 
Mass. 
Archives, 
ccxvii., 69. 

Mass. 
Archives, 
ccxvii., 70-72. 



RESOLVE IMPOWERING RUTH HUNT AND SAMUEL HUNT, ADMIN- 
ISTRATORS, TO SELL REAL ESTATE. 

On the Petition of Ruth Hunt & Samuel Hunt, Administra- 
tors on the Estate of John Hunt, Esq"", late of Watertown in the 
County of Middlesex deceased, & also several other of the heirs 
to said Estate, Praying to be enabled to make sale of the Real 
Estate of the aforesaid John Hunt, Esq"", deceased, for reasons set 
forth in their petition. 

Resolved that the said Ruth Hunt & Samuel Hunt be & they are 
hereby impowered to make sale of the whole of the Real Estate 
the said John Hunt, Esq'', died seized of for the most the same 
will fetch, & make & execute a good & sufficient Deed or Deeds 
of the same, provided they give proper security to the Judge of 
Probate for the said County of Middlesex, that the neat proceeds 
arising by said sale after the debts due from said Estate are paid, 
shall be distributed to & amongst the Widow & Children of the 
deceased or their legal representatives, agreeable to the laws of 
this State for the division of intestate Estates, yet so as said 
Widow's dower may not be infringed upon without her special 
leave & consent. [Passed February 6. 



CHAPTER 739. 

RESOLVE RESPECTING THE SUPPORT OF THE POOR OF CHARLES- 
TOWN. 



Legislative 
Records of the 
Council, 
xxxviii., 298. 
Mass. 
Archives, 
ccxvii., 73. 



Resolved that the Selectmen or Overseers of the Poor of the 
several Towns where any of the Inhabitants of Charlestown are 
supported at the expence of this State, be & they are hereby 
impowered and directed at their discression to set to work or bind 
out apprentice the children of such of said Inhabitants as are 
unable to support them, in the same way & manner they are by 
law enabled to set to work & bind out the poor children being 
Inhabitants of their own Towns. And the said Selectmen & Over- 
seers are hereby directed to use their utmost endeavours that 
such of said Inhabitants, of whatever age, as are capable of 
labour, may be employed in some business that will yield them 
support in whole or in part. [Passed February 6. 



[5th Sess.] Resolves, etc. — 1777-78. 281 



CHAPTER 740. 

RESOLVE ON THE PETITION OF D« ISAAC RAND. Legislative 

Records of the 
Council, 

On the Petition of Doct' Isaac Rand, Praying for an allow- ^^J^"' • 29« 
ance of his account for attendance & medicine for Welsh Jarvis, Archives, 
Cook of the Lincoln Row Galley "°"^"- ^*- 



Resolved that there be paid out of the Treasury of this State to Archives 
Doctor Isaac Rand Two Pounds Fourteen shillings in full of said ccsvu., 75. 
account. [Passed February 6. 



CHAPTER 741. 

RESOLVE IMPOWERING GENi- HEATH TO USE THE BARRACKS AT 
SEWALL'S POINT FOR INOCULATING HOSPITALS. 

Whereas representation has been made to this Court that the Legislative 
Resolve passed the second Ins'' empowering Maj"" Gen" Heath to coundf,°^*^^ 
improve the Barracks at Sewalls Point for Inoculateing Hospitals, ?P^"'- ^98. 
in case the buildings assigned for that purpose at Springfield shall Archives, 

be insufficient for that purpose, will be attended with great in- ccxvu., 76. 

conveniency. 

Resolved that Maj'^ Generall Heath be and hereby is empowered 
to improve the Barracks at Sewalls Point for Inoculateing Hospitals 
for such soldiers as may be inlisted into the Continental Army in 
this part of the countery, any Order or Resolve of this Court to 
the conterary notwithstanding. [Passed February 6. 



CHAPTER 742. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF SUTTON. 

On THE Petition of the Selectmen of Sutton in the County of ii®^'®¥'^?„ 
Worcester, shewing that on the twenty fifth Day of April, 1775, Couiicii, 
there was from said Sutton to Roxbury brought two field Pieces Ma^'"" ^^^' 
and sundry other articles as Powder, bullets &c, and Carriages for Archives 
said field Pieces, and whereas the Committee on Accounts have 



made allowance for said field Pieces, but nothing for the Car- Archives, 
riages nor for the other articles sett forth in their Petition as said *'*'""• ^^'^• 
Selectmen chose to have them replaced. 

Therefore 

Resolved that the Commissary General be directed to deliver to 
the Select Men of Sutton or their order, one Hundred and thirty 
nine Pounds of Bullets and forty one Pounds of Powder, and to 
cause the Carriages, Powder and ball to be returned to said Sutton 
on as reasonable terms as may be, the Carriages being att the 
Laboratory in Boston, which transportation to be att the cost of 
this State. [Passed February 7. 



282 



Resolves, etc. — 1777-78. [Chaps. 743, 744.] 



CHAPTER 743. 



Ijegislative 
Records of the 
Council, 
xxxviii., 300. 
Mass. 
.\rchives, 
ccxvii., 77. 



APPOINTMENT OF AARON ROWLEY AS l^'' MAJOR OF THE 3» BERK- 
SHIRE COUNTY REGIMENT. 

In the House of Representatives. 
The House made choice by ballot of Capt Aaron Rowley as 
first Major of the third Regiment of Militia in the County of 
Berkshire, in the room of Maj"^ Hyde elected Lieut. Colonel. 
In Council 
Read & Concurred. [Passed February 7. 



CHAPTER 744. 



Legislative 
Records of the 
Council, 
xxxviii., 300. 
Mass. 
Archives, 
ccxvii., 8ia-84. 

Mass. 
Archives, 
ccxvii., 79-81. 



RESOLVE FOR RAISING MEN TO SERVE AS GUARDS IN AND ABOUT 

BOSTON. 

Whereas Gen' Heath has requested this Court to furnish him 
with a detachment of Four hundred Men from the Militia of this 
State to do duty as Guards in & about the Town of Boston for y** 
greater security of y® public Stores there lodged, therefore 

Resolved That Col° Thayer be & he is hereby ordered forthwith 
for the purpose aforesaid to detach from the Regiment under his 
Comand 50 men, including the 36 men ordered the 26'^ Jan^ last 
to hold themselves in rediness, & form them into one Company, 
and appoint two Commissioned Officers, including a suitable num- 
ber of Non Commissiond Officers, Drumers & Fifers. 

That Col° M'^Intosh, be & he is hereby ordered to detach from 
the Regiment under his Command fifty Men, being a part of such 
as were ordered by this Court y^ 26'* of January last to hold them- 
selves in readiness, and to form them into one Company & ap- 
point two Commissioned Officers & a suitable number of Non 
Commissioned officers, Drumers & Fifers. 

That Col° Cushing be & he is hereby ordered to detach from the 
Regiment under his Command One hundred Men, being a part of 
such as were ordered by this Court y® 26 Jan'' last to hold them- 
selves in readyness, & to form them into one Company & appoint 
two Commissioned Officers with a suitable number of Non Com- 
missioned officers, drumers & Fifers. 

That Col° Hatch be & he is hereby ordered to detach from the 
Regiment under his Comand One hundred Men, being a part of 
such as were ordered by this Court y® 26'^'' Jan^ last to hold them-- 
selves in readyness, and to form them into two Companys & 
appoint two Commissioned Officers for each Company with a 
suitable number of Non Commissioned officers, a drumer & Fifer. 
That Col° Fox be & he is hereby ordered to detach from his Regi- 
ment Fifty Men, being the detachm' ordered by this Court y^ 
26 Jan^ last to hold themselves in readiness, and to form them 
into one Company with a suitable number of Non Comissiond 
officers, a drumer & Fifer. 

That Col" Spalding be & he is hereby ordered to detach from 
his Regiment Fifty Men, being the detachm' ordered by this 
Court y^ 26 Jan^ last to hold themselves in readiness, and to form 
them into one Company with a suitable number of Non Com- 
missioned officers, a drumer & Fifer. 

And that the Commanding Officers of the several Regiments 
aforesaid cause each Man so detached to be armed & accoutred 



[5th Sess.] Resolves, etc. — 1777-78. 283 

according to law, and forthwith to march to Boston, there to 
receive & follow such orders as Maj' Gen' Heath from time to time 
shall see cause to give them during the term of three Months, 
unless sooner discharged, for which service they shall be entitled 
to & receive the same pay & subsistance that the Guards in Cam- 
bridge are intitled to. 

And be it further 

Resolved that if any person so detached & ordered to march as 
aforesaid & shall neglect or refuse so to do, or shall not procure 
some able-bodied effective man in his room to the acceptance of 
his Colonel, or pay a fine of Ten pounds within 24 hours after he 
shall be detached or ordered as aforesaid, shall be considered as a 
Soldier in said detachment & treated accordingly; and in case any 
Soldier detached as aforesaid shall pay said fine the Colonel of 
said Regim^ shall apply the same towards the procuring some 
other able bodied effective Man in his stead, and if the same 
shall be insufficient for that purpose the Col' aforesaid shall 
immediately proceed to detach some other person from his Regi- 
ment until! the number aforesaid be compleated. And that the 
Maj' part of the Council be desired to issue their orders to make 
the detachments for the purpose aforesaid. [Passed February 7. 



CHAPTER 745. 

APPOINTMENT OF ASA BALDWIN AS I^t MAJOR OF THE l^'' WORCES- 
TER COUNTY REGIMENT. 

In the House of Representatives. Legislative 

The House made choice by ballot of Maj'' Asa Baldwin as council °^^^^ 

first Major of the first Regiment of Militia in the County of xxxviii.,'302. 
Worcester. ^f^^i^,,^ 

In Council ccxvii., 87. 

Read & Concurred. [Passed February 7. 



CHAPTER 746. 

APPOINTMENT OF SETH WASHBURN AS 2^^^ MAJOR OF THE I^t 
WORCESTER COUNTY REGIMENT. 

In the House of Representatives. Legislative 

The House made choice by ballot of Capt Seth Washburn as Records of the 
second Major of the first Regiment of Militia in the County of Hocviii'.,'302. 
Worcester. *fass. 

Archives, 

In Council ccxvii., s;*. 



Read & Concurred. [Passed February 7. 



CHAPTER 747. 

RESOLVE ON THE PETITION OF TIMOTHY FROST. 

On the Petition of Timothy Frost of York in the County of Legislative 

York, Praying that the Administrators of the Estate of Jotham Counct°^^^^ 

Moulton Esq', late of York aforesaid deceased, may be impowered Mas^"" ^'^^' 

to reconvey to the Petitioner about One Acre & Quarter of land Archives, 

& the buildings thereon, for the reasons set forth in his petition. ''^''^"" ^"" 



284 



Resolves, etc. — 1777-78. [Chaps. 748-750.] 



Mass. 
Archives, 
ccxvii., 93. 



Resolved that the Administrators of the Estate of Jotham 
Moulton Esq' aforesaid, be & they hereby are authorized & im- 
powered to execute a Deed of release to said Timothy Frost of 
such part of the Real Estate said Timothy conveyed to said 
Jotham in 1774 which remains undisposed of, for such sum & 
upon such condition, as from a consideration of the particular cir- 
cumstances of the case may appear to them just & equitable, & 
such release shall have the same force & effect as if it had been 
executed by the said Jotham in his life time, any law to the 
contrary notwithstanding. [Passed February 7. 



Legislative' 
Records of the 
Council, 
.K-xxviii., 302. 
Mass. 
Archives, 
ccxvii., 91. 

Mass. 
Archives, 
ccxvii., 88-90. 



CHAPTER 748. 

RESOLVE ON THE PETITION OF INHABITANTS OF WRENTHAM 
WALPOLE, STOUGHTON AND STOUGHTONHAM. 

The Committee appointed to inquire into the subject matter of 
the foregoing petition attended that service, and ask leave to re- 
port as their opinion that the further consideration of said Petition 
be refer'd to the 2'* Tuesday of the next sitting of the General 
Court; which is submitted. 

S Holten ^ ord"^ 
In Council 
Read & accepted and thereupon 

Resolved that the further consideration thereof be referred to the 
second Tuesday of the next sitting of the General Court. 
In the House of Representatives 
Read & Concurrd. [Passed February 7. 



CHAPTER 749 



RESOLVE ON THE PETITION OF SOLOMON RIDER. 



Legislative 
Records of the 
Council, 
xxxviii., 303. 
Mass. 
Archives, 
ccxvii., 97. 

Mas.s. 
Archives, 
clxxxiii., 397. 



On the Petition of Solomon Rider, Praying for liberty to re- 
move from Nova Scotia to this State, &c. 

Resolved that Solomon Rider be & he is hereby permitted to 
remove with his Family & Effects from Yarmouth in Nova Scotia 
to this State, and all the armed Vessels belonging to this State 
are hereby directed to suffer the said Solomon Rider to Pass as 
affore said unmolested, and it is hereby recommended to all other 
armed Vessels belonging to the United States, or either of them, to 
permitt the said Solomon Rider to Pass as afores^ without molesta- 
tion. [Passed February 9. 



CHAPTER 750 



Legislative 
Records of the 
Council, 
xxxviii., 304. 
Mass. 
Archives, 
clxxxiii., 347. 

Mass. 
Archives, 
clxxxiii., 344- 
346. 



RESOLVE ON THE PETITION OF SETH WILLSON. 

On the Petition of Seth Willson, praying for wages for his 
son Benj"' Willson and sundries lost on Bunker Hill. 

Resolved that there be allowed and paid out of the publick 
Treasury of this State to the s*^ Seth Willson, the sum of Nineteen 
pounds thirteen shillings in full for wages and accompt. [Passed 
February 9. 



[5th Sess.] Resolves, etc. — 1777-78. 285 

CHAPTER 7 51. 

RESOLVE ON THE PETITION OF CAPT. THOMAS TURNER. 

On the Petition of Cap* Thomas Turner of CoP Gam^ Brad- Legislative 
fords Reg' in behalf of the officers of s'^ Regiment. CoTncif. °^ *^° 



Resolved that the Board of War be and hereby are directed to ""''^"'•• 



Mass. 



304. 



deUver to Cap* Thomas Turner such & so much Cloathing as Archives, 
shall appear to them necessary for Cloathing s"^ Officers, he being <=<"'^" ■ ^^■ 



accountable & making paym' to the Board of War in six months Archives 
at most for the same, & making such distribution as the Officers ccxvU., 96. 
in s'' Regiment shall agree on when they arive in camp. [Passed 
February 9. 

CHAPTER 752. 

RESOLVE ALLOWING MILEAGE TO THE MILITIA THAT REINFORCED 
THE NORTHERN ARMY. 

Resolved that the Committee on Accounts be and they are Legislative 
hereby directed to allow the Militia that marched to Reinforce c^°ctf, °^ ^'''' 
the Northern Army in pursuance of a Resolve of the General ^'''^"' • ^"^ 
Court September 22°'*, 1777, three pence per mile for the Travel Archives, 

out & three pence per mile home for each Pack Horse to Six men. '^"'''^"•' '**' 

[Passed February 9. 



CHAPTER 753. 

RESOLVE ON THE PETITION OF SARAH PALMER. 

On the Petition of the Widow Sarah Palmer of Brookfield, Legislative 
Praying for her late Husband's Wages, &c. c^ndf °^ *^^ 

Resolved That there be paid out of the Publick Treasury of this xxxviii.,'305. 
State to the said Sarah Palmer, the sum of Twenty five Pounds, 
thirteen Shillings & Eight pence in full for her late Husband's 
Wages while in captivity and for the expences in fetching him 
home, and for the Doctor's Bills, a Blanket and Gun, &c. accord- 
ing to the Account to the Petition annexed. [Passed February 9. 



CHAPTER 754. 

ORDER ON THE PETITION OF ANN CROSBY AND OTHERS, 

On THE Petition of Ann Crosby and Others. 
Read and Revived and 

Ordered That the Petitioners, or some one of them, notify the Legislative 
heirs of the Estate mentioned in said Petition, who are not Peti- Records of the 

, • • 1 ici. ..-"-i Council, 

tioners, by serving them with an attested copy of their Petition xxxviii., 305. 
with this Order of Court thereon, that they shew cause (if any 
there be) on Monday the Twenty third Instant, why the Prayer 
thereof should not be granted. [Passed February 9. 



286 



Resolves, etc. — 1777-78. [Chaps. 755-757.] 



CHAPTER 755 



RESOLVE ON THE PETITION OF PATTY MURRAY. 



Legislative 
Records of the 
Council, 
xxxviii., 306. 

Mass. 
Archives, 
cexvii., 98. 

Mass. 
Archives, 
clxxxiii., 403. 



On the Petition of Patty Murray, praying for liberty to pass 
from hence to Newport in order to take passage from thence to 
England. 

Resolved that the Prayer of said Petition be granted, and that 
she be, and hereby is, permitted to pass with her Effects to New- 
port by applying to the Commanding officer at Providence, who 
is hereby desired to comply with this Resolution, after he shall 
be made fully satisfied that the said Patty has not any papers 
in possession, that may be injurious to this or any of the United 
States of America. [Passed February 10. 



CHAPTER 756 



Legislative 
Records of the 
Council, 
xxxviii., 306. 
Mass. 
Archives, 
ccwii., 99. 



RESOLVE DIRECTING THE COMMITTEE OF SEQUESTRATION TO 
TAKE POSSESSION OF THE ESTATES AND EFFECTS OF INIM- 
ICAL PERSONS. 

Whereas by the Resolves of the General Court the Committee 
of Sequestration for the Town of Boston are authorized and im- 
powered to take into their possession all the Estates and Effects of 
those Persons who left said Town and joined our Enemies after the 
19'''' of April, 1775, which Resolves it is apprehended will not ex- 
tend to such Persons who joined our Enemies before the said 19'^ 
of April: 

Therefore 

Resolved That the Committee of Sequestration for the Town of 
Boston be & they hereby are directed to take into their possession 
the Estates & Effects of those inimical Persons who have left this 
State since the first day of January, 1774, and have since joined 
our Enemies before as well as after the 19''' of April, 1775, and 
dispose of or otherwise conduct respecting them agreeable to the 
aforesaid Resolves of the General Court. [Passed February 10. 



CHAPTER 757. 



RESOLVE RESPECTING THE CUSTODY OF FIREARMS. 



Legislative 
Records of the 
Council, 
xxxviii., 306. 
Mass. 
Hesolves, 
Jan. sess., 
chap. 146. 



Resolved that all the Fire-Arms in any store in the Town of 
Boston be immediately removed to the Guard-House within the 
lines on Fort Hill, excepting one Firelock of each sort which may 
remain with the owners if desired; and that Joseph Henderson be 
appointed to see the above order forthwith executed and also to 
deliver out such arms as the owners shall order or direct to persons 
who may in the opinion of the said Henderson be of characters 
friendly to the United States, he keeping an account of the num- 
bers of arms and of the persons to whom delivered; that the ex- 
pence attending the removal, custody and delivery of said arms 
be paid out of the Treasury of this State by warrant from the 
hon'*'" Council. 

Resolved that the hon''''' Council be and they are hereby re- 
quested forthwith to order and appoint sufficient guards over all 



[5th Sess.] Resolves, etc. — 1777-78. 287 

Fire-Arms belonging to the State, whether in the care of the Board 
of War, Commissary General, or deposited in any place within 
twenty. miles of the Town of Cambridge. 

Resolved that the hon"*^ Artemas Ward, Mr Hancock and Mr 
Wendell, be a Committee to write a letter to the hon''^^ Con- 
tinental Congress, requesting that the Troops under Gen Bur- 
goyne, or part of them, may be removed to some interior part of 
the country for greater security to the same and for other obvious 
reasons. [Passed February 10. 



CHAPTER 758. 

RESOLVE FOR SUPPLYING OFFICERS OF CONTINENTAL REGIMENTS 

WITH CLOTHING. 

Resolved that the Board of War be & they are hereby directed p®^^^^*^'^? .^ 
to sell such Clothing as they can well spare to the Officers of y' Council, 
part of the Continentall Army raised in this State, giving the Ma^' ' ^°^' 
preference to those who lost their Baggage &c in their retreat Archives, 

from Ticonderoga, & where said Officers can[not] make immediate — '■ 

pay[ment] the Board of Warr may take sufficient security for pay- 
ment at a short period. [Passed February 11. 



CHAPTER 759. 

RESOLVE ALLOWING £25,000 TO THE BOARD OF WAR FOR THE PUR- 
CHASE OF SUPPLIES FOR THE ARMY. 

Resolved That there be allowed and paid out of the public Legislative 
Treasury of this State to the Honorable Board of War the sum counctf**''^ 
of Twenty five Thousand pounds, to enable that Board to purchase xxxviii.,'308. 
such Articles as are or may be necessary for the use of the Army, Archives, 
that Board being accountable to this Court for said sum; and that ccxvii., 102. 
the Board of War be directed to sell for cash such Articles as they Mass. 
have in their hands, and which in their judgment can be spared ccxvii., ^01. 
from the Publick Stores, att the price that they shall think proper. 
[Passed February 11. 



CHAPTER 760. 

RESOLVE ON THE PETITION OF JOHN CROSBY. 

On the Petition of John Crosby. 

Resolved That there be paid out of the Treasury of this State to Records of the 
the said Crosby the sum of Forty Eight Pounds, Three ShilUngs xxxvh?.','309. 
and four Pence, in full for expences incurred by Surgeon's Ac- 
counts. Board, Nursing, &c. by reason of the Wound he received 
in the Army in August last. [Passed February 11. 



Legislative 



288 



Resolves, etc. — 1777-78. [Chaps. 761-764.] 



CHAPTER 761. 



Legislative 
Records of the 
Council, 
xxxviii., 309. 
Mass. 
Archives, 
ccxvii., 104. 

Mass. 
Archives, 
ccxvii., 105, 106. 



RESOLVE ON THE PETITION OF HENRY GOODWIN. 

On the Petition of Henry Goodwin, Clerk to Cap' Simeon 
Samson on board the Brig' Independence, the property of this 
State, praying that he may have the Rations allowed to him agree- 
able to said Samson's certificate herewith exhibited; therefore 

Resolved that the Commissary General of this State be and he is 
hereby directed to dehver to the said Henry Goodwin two hun- 
dred and Seventeen days Rations being the whole now due to him. 
[Passed February 11. 



CHAPTER 762 



Legislative 
Records of the 
Council, 
xxxviii., 309. 



RESOLVE ON THE PETITION OF JOSIAH BALL. 

On the Petition of Josiah Ball. 

Resolved That there be paid out of the Treasury of this State to 
the said Ball the sum of Thirty Six Pounds, Ten Shillings, in full 
for loss of time, expences incurred by Surgeon's Accounts in con- 
sequence of the Wounds he received in the Army, by returning 
home, Board and Nursing in his own Family after he returned, 
till January Sixth Seventeen hundred and Seventy Eight. [Passed 
February 11. 



CHAPTER 763. 



Legislative 
Records of the 
Council, 
xxxviii., 310. 



RESOLVE ON THE PETITION OF INHABITANTS OF ROYALSBOROUGH. 

On the Petition of the Inhabitants of a new Plantation called 
Royalsborough, in the County of Cumberland, Praying for an 
abatement of the Public Taxes, assessed on them by the Asses- 
sors of the Town of Brunswick for the years Seventeen hundred 
Seventy Six and Seventeen hundred Seventy Seven. 

Resolved That the Prayer of said Petition be granted and that 
the Assessors of said Brunswick be, and they are hereby Ordered 
and Directed to abate all the Public Taxes they have or shall 
have levied or assessed on the Polls and Estates of the said In- 
habitants for the years Seventeen hundred Seventy Six and 
Seventeen hundred Seventy Seven; provided nevertheless that 
nothing in this Resolve shall be construed to extend to make any 
abatement in the Taxes imposed on the Town of Brunswick by 
the General Court. [Passed February 12. 



CHAPTER 764. 



Legislative 
Records of the 
Council, 
xxxviii., 311. 
Mass. 
Archives, 
ccxvii., 109. 



RESOLVE ALLOWING MILEAGE HOME TO THE DETACHMENTS THAT 
GUARDED THE BURGOYNE PRISONERS. 

Resolved that the Resolve of this Court that passed Jan^ 19, 
1778, respecting the militia that marched in persuance of the 
requisition of the General Court of Sep' 22, 1777, be so far Re- 
considered as it respects the Mileage home, and that there be paid 



[oTii Sess.] Resolves, etc. — 1777-78. 289 

one Penny Per Mile to those that assisted as Guards in guarding 
the Prisoners to Cambridge to their several homes, in addition to 
the Continental Mileage to be paid by the Com"'"' on Accompts. 

[Passed February 1:2. 



CHAPTER 765. 

ORDER ON THE PETITION OF ASA FAIRBANKS AND JOHN METCALF. 

On the Petition of Asa Fairbanks and John Metcalf. legislative 

The Committee to whom the foregoing Petition was referred Councif, °^ ^^^^ 
have attended y^ service, & beg leave to report that the Petitioners ^^^^"' ■ ^''• 
notify the Town of Wrentham of the substance of this Petition, Archives, 

by serving the Town Clerk of said Town with a copy thereof °"''^" ' '^'^' 

that they may shew cause why the Prayer thereof should not be Archives 
granted. All which is Submitted ccxvii., 124. 

T CusHiNG ^ order 

In Council Read & accepted & thereupon ordered that the 
Petitioners notify the Town of Wrentham of this Petition by serv- 
ing the Town Clerk with a copy of the same & of this Order, that 
they may shew cause (if any they have) on the Nineteenth In- 
stant why the Prayer thereof should not be granted. 
In the House of Representatives 

Read & concurrd. [Passed February 13. 



CHAPTER 760. 

RESOLVE DETACHING LIEUT. COL" ANDREW SYMMES TO COM- 
MAND THE MILITIA DOING DUTY IN AND ABOUT BOSTON. 

Whereas it appears necessary that another Field Officer be Legislative 
appointed to command the Militia now doing duty & ordered to councif °'^ *'^^ 
do duty in the Town of Boston, therefore xxxviii.,'313. 

Resolved, that Lieutenant Colonel Andrew Symms be detached Archives, 
from the Boston Regiment to command said Militia under Major cq'v"-. 123. 
General Heath, till the Militia ordered to do duty as guards in and 
about the Town of Boston by the Resolve of this Court of the 
7"' Instant shall be discharged; and that Major Procter now in 
said service be and hereby is desired to continue in the service 
aforesaid till the discharge above referred to, & the major part of 
the Council are hereby desired to issue their orders accordingly. 
[Passed February 13. 



CHAPTER 767. 



RESOLVE RESPECTING THE DELIVERY OF THE HOUSEHOLD GOODS 
OF GOV. HUTCHINSON TO REV. DR. MATHER. 

Whereas by a Resolve of the Gen' Court of the 19* Ult'', Legislative 
requiring all persons, who had in their possession any of the Records of the 
Household Goods of the late Gov"" Hutchinson, to deliver the xMcviii*.,'3i3. 
same to the Rev<* D' Mather & M" Mather his Wife, no provision ^^^hives 
is made for the s'^ D"^ Mather's giving a receipt to the persons in ccxvii.. 122. 
whose hands they were upon the delivery thereof: 

Be it 

Resolved that the s^ D' Mather be & he hereby is directed upon 



290 



Resolves, etc. — 1777-78. [Chaps. 768-770.] 



receiving any of the Furniture aforesaid to give two Receipts 
therefor, specifying the particular articles received, to the Persons 
or Committees of whom he may receive the same, one of which 
the Persons or Committees delivering them are required to lodge 
in the Secretary's office. [Passed February 13. 



CHAPTER 768. 



Legislative 
Records of the 
Council, 
xxxviii., 313. 
Mass. 
Archives, 
ccxvii., 121. 



RESOLVE EXCUSING CAPT. GEORGE WILLIAMS FROM SERVING ON 
THE COMMITTEE OF SUPPLIES. 

Resolved that Capt George Williams be excused from the Com- 
mittee for Supplying the Army with Stores, and Caleb Davis Esq', 
be appointed to settle with said Williams for what money he has 
received from Henry Gardner Esq", Treas"" of this State, and upon 
the said Williams accounting for the expenditure of the same, the 
said Davis is impowered & directed to give him a full discharge. 
[Passed February 13. 



CHAPTER 769. 



I>egislative 
Records of the 
Council, 
xxxviii., 314. 
Mass. 
Archives, 
ccxvii., 120. 

Mass. 
Archives, 
clxudii., 404. 



RESOLVE ON THE PETITION OF LUCY RUST. 

On a Petition of Lucy Rust setting forth that on the 3*^ Day 
of April, 1775, her Husband, Capt. Enoch Rust, left this State & 
went to Nova Scotia to settle his affairs there, which business he 
has accomplished, and therefore praying that he may be permitted 
to return. 

Resolved that the prayer of said Petition be granted, & that the 
said Enoch Rust be & he hereby is accordingly permitted to return 
with his Effects to this State, and the Commanders of all Vessels 
belonging to this State are hereby directed not to molest him in 
his return, & it is recommended to the Commanders of all Ves- 
sels belonging to the United States or any of them to suffer the 
said Enoch Rust to return as aforesaid unmolested. [Passed Feb- 
ruary 13. 



CHAPTER 770. 



IjCgislative 
Records of the 
Council, 
xxxviii., 314. 
Mass. 
Archives, 
ccxvii., 113. 

Mass. 
Archives, 
ccxvii., 114-119. 



RESOLVE ON THE PETITION OF HEPZIBATH NORTON AND JOHN 

NORTON. 

On the Petition of Hepzibath Norton, Widow of Thomas 
Norton, late of the County of Worcester Deces**, and John Nor- 
ton, Executor of the s*^ Deces*^^ last will, seting forth that the said 
Thomas Norton in his lifetime, disposed of his Estate both Real 
and Personal by will as to him was thought best, but as said will 
was disapproved of by the Judge of Probate of s^ County so far as 
respected the Real Estate, by reson of its being witnes*^ by two 
witneses only, and as it represented the disadvantage that will 
accrue both to the Widow and heirs of the said Deces** if s*^ will is 
not approved of: Therefore 

Resolved that the Judge of Probate of Wills for the County of 
Worcester be and he is hereby impowered and directed to approve 
of said will in every part thereof, notwithstanding there was but 
two witneses to s^ will, any law to the conterary notwithstanding. 
[Passed February 13. 



[5th Sess.] Resolves, etc. — 1777-78. 291 



CHAPTER 771 

RESOLVE ALLOWING £2,335. 15« TO HON. JOHN HANCOCK, ESQ^ FOR 
SERVICE AS A DELEGATE TO THE CONTINENTAL CONGRESS. 

Resolved that there he paid out of the PubUc Treasury of this Legislative 
State the Sum of Twenty three hundred & thirty five pounds, c^df,°^*^^ 
fifteen shillings, to the Honorable John Hancock, Esq'', or his ^^asl'"" ^^^' 
order, in full discharge of his expences & for services as a Dele- Archives, 

gate for this State at the Continental Congress from the 26* April, ""''''''- "°- 

1775, to the 19"* of November, 1777. [Passed February 13. 



CHAPTER 772. 

RESOLVE ON THE PETITION OF THE COMMITTEE OF CORRESPOND- 
ENCE OF BOSTON. 

Upon the Petition of the Committee of Correspondence &c. Legislative 
of the Town of Boston & the Memorial of James Lloyd & Samuel Records of the 
Danforth in answer thereto, xxxviii.,'315. 

Resolved That the said James Lloyd, Samuel Danforth, Isaac Archives, 
Rand, & George Lush, mentioned in the said Committee's Petition, ccxvii., i36. 
having taken the Oath of Allegiance & Fidelity to this State, in Mass. 
form as prescribed in a late Act establishing such form, are en- cixLdrit*'409, 
titled to the benefits of the said Act notwithstanding any irregu- *^^- 
larity in the proceedings of the Justice who administred the said 
Oath. [Passed February I4. 



CHAPTER 773. 

RESOLVE ESTABLISHING THE PENSION OF KERBY WARD. 

Whereas by a Resolve of this Court of y« 26*'' of Jan^ last, Legislative 
Kerby Ward is intitled to three Eighths of his pay as a Soldier, Records of the 
having bin wounded in the Battle on Charlestown heights, and it xHcviU.'sio. 
appearing by the certificates which said Ward then produced, that ^'Jfhives 
he the said Kerby Ward was a Corporal in the service & is in- ccxvii., 129. 
titled to his Pension accordingly, it is therefore 

Resolved that the Commisary of Pensioners be & he hereby is 
directed to pay to the said Kerby Ward three Eighths of his 
pay as a Corporal, the Resolve of y^ 26"" of Jan^ notwithstanding. 
[Passed February I4. 



CHAPTER 774. 

RESOLVE FOR PAYMENT TO HON. JAMES OTIS, ESQ'', OF £200 AND 
ACCRUED INTEREST ON A TREASURY NOTE. 

On the Petition of the hon''^'' James Otis, Esq', setting forth Legislative 
that there is due to him from this State on a Note given him by c^nctf, °^ *'''' 
Harrison Gray, Esq', late Treasurer of this, then Province, the sum xxxviii.,'316. 
of Two thousand & thirty two pounds lawful Money, and praying Archives. 

that part of the principal sum due on said Note & the interest c°^v"- '^-^ 

to this time may be paid him. 



292 



Resolves, etc. — 1777-78. [Chaps. 775-777.] 



Mass. Resolved that there be paid out of the Treasury of this State to 

c^f'^y^lse, 137. *he petitioner, or his order, the sum of Two hundred pounds, part 
of the principal sum of said Note also all the interest due at the 
time said Two hundred pounds is paid, and that the Treasurer 
cause the sums so paid to be indorsed on said Note. [Passed 
February I4. 



CHAPTER 775. 



RESOLVE DIRECTING THE COMMITTEE OF CORRESPONDENCE AND 
SEQUESTRATION TO PAY RENTS OF ABSENTEES' ESTATES TO 
TREASURER. 



Legislative 
Records of the 
Council, 
xxxviii., 317. 
Mass. 
Archives, 
cexvii., 130. 



Resolved that the several Committees of Correspondence, In- 
spection and Safety within this State who have had the Care and 
management of Absentees' Estates; and also the Committee of 
Sequestration, be, and they hereby are directed forthwith to pay 
into the public Treasury any sum or sums of money that may 
remain in their hands, arising from the Rents of such Estates, or 
from the Sale of Sequestered Goods, taking duplicate receipts of 
the Treasurer, one of which to be filed in the Secretarys Office. 
[Passed February 14- 



CHAPTER 776 



Legislative 
Records of the 
Council, 
xxxviii., 317. 
Mass. 
Archives, 
cexvii., 131. 



RESOLVE SUSPENDING PROCEEDINGS AUTHORIZED BY A RESOLVE 
OF JANUARY 31, 1778. 

Whereas by a Resolve of the Gen' Court of the 3P' Ult° 
Caleb Davis, Esq^ Cap' Geo, Williams & Ellis Gray, were im- 
powered to purchase any quantity of Cloathing &'^ which the 
Deputy Clothier Gen' declined purchasing upon acco' of the ex- 
travagant price demanded for them, & for other purposes men- 
tioned in the s*^ Resolve, & inasmuch as the s^ Ellis Gray has at 
his request been excused from the s'' appointment, & it appearing 
expedient to this Court that all acting upon s** Resolve should be 
suspended for the present: 

Resolved that the s** Caleb Davis, Esq^ & Cap' Geo. Williams 
be & they hereby are directed to suspend any proceedings to which 
they are impowered in virtue of s'' Resolve untill the further Order 
of this Court. [Passed February 14- 



CHAPTER 777. 



Legislative 
Records of the 
Council, 
xxxviii., 318. 



RESOLVE ON THE PETITION OF JEREMIAH KINGSBURY, JUN«. 

On the Petition of Jeremiah Kingsbury, Jun', Praying that he 
may be allowed and paid the sum of Thirteen Pounds and Ten 
Shillings, he having lost the same sum by fire when his Dwelling- 
House was burnt, which sum he received out of the Treasury of 
this State to pay for Blankets, Shoes, &c. 

Resolved that there be allowed and paid out of the Public Treas- 
ury of this State to Jeremiah Kingsbury, Jun"", the sum of Thir- 
teen Pounds and Ten Shillings, to enable him to pay for sundry 
Blankets, Shoes, Stockings, &c. as mentioned in his Petition. 
[Passed February 14- 



[5th Sess.] Resolves, etc. — 1777-78. 293 



CHAPTER 778. 

RESOLVE ALLOWING MONEY IN LIEU OF BLANKETS TO CAPT. BUR- 
BANK'S COMPANY. 

On the Petition of Silas Burbank, Captain of a Company in Legislative 
Colonel Samuel Brewer's Regiment, praying for Money in lieu coundi"! °^ ^^^ 
of Blankets for Twenty Six of his Men, who have not been sup- xxxviii.,'3i8. 
plied therewith for the year Seventeen hundred Seventy Seven, 
agreeable to a Resolve of the General Court the Nineteenth of 
October Seventeen hundred Seventy Six. 

Resolved That there be paid out of the Treasury of this State to 
the said Silas Burbank, the sum of Twenty three Pounds, & Eight 
Shillings for the use of said Men, he giving his receipt therefor. 
[Passed February I4. 



CHAPTER 779. 

RESOLVE DIRECTING LIBERATION OF CLARK LINNIKEN. 

On the Petition of Clerk Linniken praying to be liberated from Legislative 
the common Goal for reasons therein mentioned. Coundf °^ ^'^^ 

Resolved that the Sheriff of the County of Lincoln be and he xxxviii.,'319. 
hereby is directed to liberate & discharge the said Clerk Linniken Arehives, 
from his present confinement, without demanding any costs of ''^^^^- ^^'"■ 



said prisoner: and that the said Sheriff be directed to lay his Archives 
account of the costs arising upon said commitment before the cixxxiii., 244- 
Court of General Sessions of the Peace for said County, which 
Court is hereby impowered and directed to pay out of the said 
County Treasury all such legal costs as have arisen. [Passed 
February I4. 

CHAPTER 780. 

RESOLVE GRANTING AN ADDITIONAL ALLOWANCE TO DAVID 
THOMPSON, JUN^ A PENSIONER. 

On the Petition of David Thompson, Jun"", a Pensioner, pray- Legislative 
ing that his Pension may be increased on account of the advanced coundf ^^ ^^^ 
prices of the necessaries of life. xxxviii.,'319. 

Resolved that the prayer of said Petition be so far granted as Archives. 
that there be & hereby is granted to the said David Thompson, '^'^''^" • ^^3- 



Jun"', the sum of Ten Pounds in addition to his Pension for the ^^^^ 
year past. [Passed February 14- ccxvU., 134. 



CHAPTER 781. 

RESOLVE ON THE PETITION OF ISAAC BALL. 

On the Petition of Isaac Ball. 

Resolved That there be paid out of the Treasury of this State Legislative 
to the said Ball, the sum of Six Pounds in full for expences in- coTnct °^ '^^ 
curred by Surgeons Accounts and loss of time, occasioned by the xxxvih., 320. 
Wound he received in the action at Bennington on the Sixteenth 
of August last. [Passed February 16. 



294 



Kesolves, etc. — 1777-78. [Ch.'VPS. 782, 783.] 



CHAPTER 782. 



RESOLVE IMPOWERING THE SELECTMEN OF BOSTON AND 
BRIDGE TO APPOINT ENGINE MEN. 



CAM- 



Legislative 
Records of the 
Council, 
xxxviii., 320. 
Mass. 
Archives, 
ccxvii., 13S. 



Whereas there are now in the Town of Boston eleven Fire 
Engines and one in the Town of Cambridge; great danger and 
freequant alarms by fire, makes it nessessary that a suitable num- 
ber of men be set apart and hold themselves in readyness on 
every sudden emergency to work s^ Engines, as well as to see they 
are kept in good repair, therefore 

Resolved that there be One Hundred & thirty Eight men of the 
Town of Boston, and Sixteen men of the Town of Cambridge, 
such as may hereafter be appointed by the Selectmen of each of 
said Towns: whose business it shall be to take care & see that the 
Fire Engines in said Towns be constantly kept in good repair, and 
attend as Engine men from time to time as there may be need, 
according to the rules & regulations for extinguishing fire. 

It is further 

Resolved that such men of the Town of Boston to the amount of 
One Hundred and thirty Eight, that may be chosen by the Select- 
men of said Town as Engine men and the number of Sixteen men 
chosen & appointed by the Selectmen of the Town of Cambridge 
to said servis, be and hereby are excused from all Draughts & 
Militia duty; except furnishing their Quota in the Continental 
Army and sudden alarms till the further Order of the General 
Court. [Passed February 16. 



CHAPTER 783. 



RESOLVES ON THE PETITION OF ANDREW JOHONNOT, COMMISSARY 

OF FORAGE. 



I.«gislative 
Records of the 
Council, 
xxxviii., 320. 
Mass. 
Archives, 
ccxvii., 139, 
140. 

Mass. 
Archives, 
ccxiv., 65; 
ccxvii., 141, 
142. 



The Committee of both Houses on the petitions of Andrew 
Johonnot having considered the same ask leave to report the fol- 
lowing resolves 

Resolved that Ralph Richardson of Brookfield in the County of 
Worcester, deliver or cause to be delivered to Andrew Johonnot 
or his order, the quantity of Hay mentioned in said Johnnot's 
Petition, which Gilbert Speakman by said Johnnot's order pur- 
ch[ased] of said Richardson at Brookfield aforesaid, supposed to 
be about Ten Tons or more at Six pounds p ton, the price that 
appears the said Hay was sold at; on pain of said Richardson for- 
feating and paying for the benefit of the United States the sum 
of Three hundred pounds in case he fail of delivering said Hay or 
any part thereof, to be sued for by said Johnnot and recovered in 
the Court of Common Pleas for the County of Worcester. 

Also 

Resolved that the Committees of Corrispondence, Inspection & 
Safety within the department for which Andrew Johnnot is ap- 
pointed Commissary of Forrage, be and they are hereby im- 
powered & diricted (upon application made to them by said 
Johnnot or any person for or under him) to furnish said Johnnot 
from those farms where it can best be spaired, with what Hay or 
other Forrage said Johnnot may want ; first applying to the owners 
thereof, and agree with them for the price of said Forrage and 
in case the owner or owners thereof shall neglect or refuse to sell 
said Hay or other Forrage, the said Committee are hereby im- 



[5th Sess.j Resolves, etc. — 1777-78. 295 

powered and directed to impress and deliver the said Hay & 
Forrage to the said Andrew Johnnot for the use of the Continent, 
he paying the owner or owners thereof such reasonable prices as 
said Committee shall fix thereon. 
In Council 
Read & Accepted 

In the House of Representatives 
Read & concurr'd. [Passed February 16. 



CHAPTER 784. 

RESOLVE AUTHORIZING LOAN OF £3,000 TO MAJ. GEN"- HEATH FOR 
THE USE OF THE UNITED STATES. 

Whereas Major General Heath has requested of this Court Legislative 
the loan of a sum of money out of the Treasury of this State for Couxicif,° 
the use of the United States, ^J^"'- 32L 

Therefore Archives, 

Resolved that there be advanced and paid out of the Treasury 
of this State to Major General Heath for the use of the United 
States, the sum of Three thousand Pounds to be by him repaid as 
soon as may be. [Passed February 16. 



ccxvii., 143. 



CHAPTER 785. 

RESOLVE ON THE PETITION OF JANE GREGORY. ^^^^^5*'", *u 

Records of the 
Council, 

On the Petition of the widow Jane Gregroy. mS"'" ^^^" 

Resolved that there be paid out of the publick Treasury of this Y^^^-^^^W 
State to the said Jane Gregroy the sum of Eight pounds Sixteen 



shillings & five pence, in full for her late Husband's wages as a Anfhives, 
Drumer while in captivity. [Passed February 16. cixxxm., 406. 



CHAPTER 786. 

RESOLVE ON THE PETITION OF JOSEPH PIERPOINT. 

On the Petition of Joseph Pierpont, praying for liberty and Legisbtive 
protection to repair to Nova Scotia & return from thence to this Counctf °^ ^ ° 
State with his Effects. Mas!"' '^^^' 

Resolved that Joseph Pierpont be and he hereby is permitted to Archives, 
repair to Nova Scotia & to return with his Effects as soon as may hsi" ' ^*^' 
be to this State. And the Commanders of all armed Vessels be- '^j[^_ 
longing to this State are hereby ordered not to molest the said ^'"'^^•*.'*'^'.» 
Pierpont in going to, or returning from Nova Scotia with his " ' 
Effects. And it is also recommended to the Commanders of all 
armed Vessels belonging to the United American States or any of 
them, to permit the said Pierpont to pass as aforesaid with his 
Effects unmolested. [Passed February 17.^ 

1 This date is February 16 according to Legislative Records of the Council. 



296 



Resolves, etc. — 1777-78. [Chaps. 787-790.] 



CHAPTER 787. 



RESOLVE ON THE PETITION OF REUBEN M. EDWARDS. 



I.«gislative 
Records of the 
Council, 
xxxviii., 324. 



On the Petition of Reuben Morrell Edwards, Praying for a 
consideration for his necessary expences on his march home from 
the Army by reason of sickness on said march as set forth in said 
Petition. 

Resolved That there be paid out of the Publick Treasury of this 
State to Reuben Morrell Edwards, Seven Pounds and Ten Shil- 
lings, in full for his expences by reason of his sickness on his march 
home. [Passed February 17. 



CHAPTER 7 



RESOLVE AUTHORIZING SALE OF SALT TO THE SELECTMEN OF 

CHARLEMONT. 



Legislative 
Records of the 
Council, 
xxxviii., 325. 
Mass. 
Archive^, 
ccxvii., 147. 



Resolved that the Board of War be directed to deliver to the 
Select Men of the Town of Charlemont in the County of Hamp- 
shire, or their Order, twelve bushels of Salt, they paying therefor 
att the rate of ten Shillings per Bus", said Town of Charlemont 
through a mistake not being mentioned in the Resolve of June the 
thirteenth, 1777, notwithstanding. [Passed February 18. 



CHAPTER 789. 



Legislative 
Records of the 
Council, 
xxxviii., 326. 
Mass. 
Archives, 
ccxvii., 148. 

Mass. 
Archives, 
ccxvii., 149. 



RESOLVE ON THE PETITION OF JOSEPH HENDERSON, COMMISSARY 

OF PRISONERS. 

Upon the Petition of Jos[eph] Henderson. 

Resolved that the Committee of Sequestration be & they hereby 
are directed to deliver m"" Joseph Henderson, Commissary of Pris- 
oners, such Accompt Books & Paper as are necessary for the execu- 
tion of his office, he paying for the same. [Passed February 18. 



CHAPTER 790. 



Legislative 
Records of the 
Council, 
xxxviii., 328. 
Mass. 
Archives, 
ccxvii., 160. 

Mass. 
Archives, 
ccxvii., 161. 



RESOLVE ON THE PETITION OF JOHN BRADFORD, CONTINENTAL 
AGENT, AND GEORGE OLNEY. 

On the Petition of John Bradford, Continental Agent, & Geo. 
Olney, agent for Samuel Chew Esq', & Company of the Brigantine 
Resistance belonging to the United States, shewing that the said 
Chew hath sent into the Port of Boston a prize Ship, with a mixed 
Cargo, a large (luantity of which is much wanted by the public, 
and which the agent for the Company cannot consent to give up 
if they come to a division, therefore praying for liberty to sell s*^ 
Ship & Cargo at public Auction. 

Resolved that the prayer of the Petition be granted, and that 
the Petitioners hereby have liberty to sell said Ship & Cargo at 
public Auction, any Act of this Court to the contrary notwith- 
standing. [Passed February 10. 



[5tii Sess.] Resolves, etc. — 1777-78. 297 



CHAPTER 791. 

RESOLVE IMPOWERING GEN^ HEATH TO ORDER THE MEN DE- 
TACHED FOR SERVICE IN AND ABOUT BOSTON HARBOUR TO 
THEIR RESPECTIVE STATIONS. 

Whekeas a Resolve passed the General Court on the 27'^ day of ^"^'^^^'^f 
Jan^ last, ordering that a number of Officers & men should be Council, 
detached from a number of Regiments of y^ Militia within this >^s7." ' ^'**' 
State, for the purpose of occupying the several Posts in and about Archives 
the Harbour of Boston upon the arrival of the Transports to re- — — - — '■ — 
ceive the Troops of the Convention, but no provision is made in 
said Resolve by whose orders they are to march to the Posts 
assigned them respectively. 

Resolved therefore that General Heath be, and hereby is im- 
powered to issue his orders to such Officers & men as are or may 
be detached for y* purpose aforesaid, to march to the Posts as- 
signed them respectively whenever he shall Judge the Safety of 
the State requires it, & said Officers & Men are hereby required 
strictly to conform to General Heath's orders for this purpose, and 

It is further 

Resolved that said Officers & Soldiers shall be held to continue 
in said service for the space of two months from the time of their 
marching unless sooner discharg'd. [Passed February 10. 



CHAPTER 792. 

RESOLVE DIRECTING LEVI SHEPHARD, COMMISSARY, TO LODGE 
THE RECEIPTS FOR CLOTHING WITH THE BOARD OF WAR. 

Whereas by a Resolve of this Court passed Sept^ 19"", 1777, Legislative 
the Board of War were ordered to procure a quantity of Blankets, Records of the 
Shirts, Shoes, Stockings & Watch Coats, and deliver the same to 3DCcv'iii^.,'33o. 
the Committee for Supplying that part of the Continental Army ^fchiv - 
raised in this State with Stores, which Committee were ordered to ccxvii.. 159. 
send the said Cloathing to Levi Shephard, Esq'', one of the Com- 
missaries of Stores for this State, who was ordered to deliver them 
agreable to orders he might rec[eive]^ from Gener^ Gates, and the 
said Levi Shephard having deliver'd the said Cloathing or the 
greatest part of it accordingly; and taken re[ceipts] ^ from some one 
Field Officer of the Rigements to whom the said Cloathing was 
delivered agreable to the order from Gener^ Gates, therefore 

Resolved that the said Levi Shephard be & he is hereby directed 
to lodge the said re[ceipts]^ (which he has or may hereafter re- 
[ceive] ^ for said Cloathing togeather with the order he rec[eived] ^ 
from Gen' Gates for the delivery of them) with the Board of War, 
who are ordered to charge the same together with the expence of 
transportation & other charges attending the same to the United 
States, and the Board of War are hereby directed to discharge the 
said Committee and Commissary on their delivering the rec[eipts]^ 
as afores^. [Passed February 10. 

1 Inserted from Legislative Records of the Council. 



298 



Resolves, etc. — 1 777-78. [Chaps. 793-796.] 



CHAPTER 793 



Legislative 
Records of the 
Council, 
xxxviii., 331. 
Mass. 
Archives, 
ccxvii., 155. 

Mass. 
Archives, 
ccxvii., 156- 
158. 



RESOLVE ALLOWING £2,176.10^2" TO CALEB DAVIS, ESQ^ FOR 
BUILDING THE BRIGANTINE HAZARD. 

Resolved that there be allowed and paid to Caleb Davis, Esq., 
out of the Public Treasury the sum of Two Thousand one Hun- 
dred & seventy six Pounds ten shillings and two pence, in full 
ballance of his account for building the Brigantine Hazard. 
[Passed February 19. 



CHAPTER 794. 



RESOLVE DIRECTING COIP GUSHING TO FORM THE MEN ORDERED 
TO BE DETACHED INTO TWO COMPANIES. 



Legislative 
Records of the 
Council, 
xxxviii., 331. 
Mass. 
Archives, 
ccxvii., 164. 



Resolved that Colonel Cushing be and he hereby is directed to 
form the Hundred men he was ordered to detach from his Regi- 
ment by the Resolve of the General Court of the twenty sixth of 
January last, into two Companies and appoint two Commission[ed] 
officers to each Company, with a suitable number of Noncommis- 
sioned officers, one Drummer & one fifer, the Resolve of the Seventh 
of February instant notwithstanding. [Passed February 19. 



CHAPTER 795. 



RESOLVE ESTABLISHING PAY OF COUNCILLORS AND MEMBERS OF 
THE HOUSE OF REPRESENTATIVES. 



Legislative 
Records of the 
Council, 
xxxviii., 332. 
Mass. 
Archives, 
ccxvii., 154. 



Whereas by the advanced price of the necessaries of life the 
established pay of the members of this Court is become inadequate 
to their daily expence, 

Resolved that there be allowed to the Representatives twelve 
shillings p'' day, and to the members of the Honorable Council 
Fifteen shillings p' day, for each days attendance, and that the 
pay roll for the last and present sessions of the General Court be 
made up accordingly. [Passed February 19. 



CHAPTER 796 



RESOLVE ON THE PETITION OF PEREZ MORTON. 



Ixjgislative 
Records of the 
Council, 
xxxviii., 331. 
Mass. 
Archives, 
ccxvii., 150. 

Mass. 
Archives, 
ccxvii., 151. 



Upon the Petition of Perez Morton, attorney for Ja^ Ander- 
son, praying for leave to file a new claim at the Superior Court 
now sitting in the cause of the Brigg. Eunice to be reheard by 
Order of the Gen^ Court. 

Resolved that the Petitioner notify the adverse party by a copy 
of this Petition to shew cause tomorrow at ten of the Clock in the 
forenoon, if any they have, why the Prayer thereof should not be 
granted. [Passed February 19. 



[5tii Sess.] Resolves, etc. — 1777-78. 299 



CHAPTER 797. 

RESOLVE DIRECTING ALEXANDER SHEPHARD, CONDUCTOR OF 
STORES TO TRANSPORT CLOATHING, ETC., TO PENNSYLVANIA 
FOR THE ARMY. 

Whereas by a late Order of the Gen' Court Levi Shephard, ReSJasofthe 
Esq'', one of the Commisaries for Supplying that part of the Con- Council, 
tinental Army raised in this State with Small Stores, was directed MaJs"'' ^"^' 
to remove the Stores now in his possession at Kenderhook to the Archives, 

1 i'T-»i'pi (••! !• ccxvu., 152. 

State ot renselvama, tor the use oi said army now domg duty — 



there, and it appearing to this Court that the said Commisary Archives, 
cannot without neglecting the business in his department, attend ''^^^"•' ^^■ 
to said business, it is therefore 

Resolved that M'' Alax"^ Sheppard, Conductor of Stores, be & he 
hereby is directed without delay to transport the Cloathing & said 
Stores, or such part of them as he with the said Commisary shall 
judge best, to such part of Penselvania as will be most convenient 
for dealing them out to the army and it is further 

Resolved that there be & hereby is allowxd to the said Com- 
misary such reasonable expences for Horse Hire for himself & 
deputy or deputies & Traveling Charges as may be occasioned by 
his attending the army at so grate a distance, he to lay his acco*^ 
before this Court for allowance, and there be & hereby is allowed a 
further sum of Forty shillings ^'' m° in addition to the Ten pounds 
allready allowd to the deputy or deputies of the said Commisary. 
[Passed February 19} 



CHAPTER 798. 

RESOLVE PROVIDING FOR THE CONSIDERATION OF THE ARTICLES 
OF CONFEDERATION BY THE COUNCIL AND HOUSE OF REPRE- 
SENTATIVES. 

Resolved that the Members of the House of Representatives with Legislative 
the Members of the Honb'*" Council, if they see fit, be a Com- Councif,° 

mittee to take the Articles of Confederation and Perpetual Union ^''^"'- ^^~ 

between the United States into consideration immediately and 
report as soon as may be. [Passed February 19. 



CHAPTER799. 

VOTE ON REPORT OF COMMITTEE CONCERNING THE QUOTA OF 
TROOPS FOR DEFENCE OF RHODE ISLAND. 

The Committee of both Houses appointed on Governor Cooke's Legislative 
and Col° Robinson's Letters have attended the business assigned Records of the 
them, and are of opinion that it is absolutely necessary that the x3SviiT.,'334. 
full Quota of Men assigned to this State by the Committee, who afr^chives 
met at Springfield the 30"' July last, should be furnished and kept ccxvii.. 172. 
up in the State of Rhode Island for the defence of the said State; Mass. 
And that as Col° Keyes and CoP Robinson who were appointed 4hv734-47; 
by a Resolve of this Court of the IS"* December last to Com- 173ZJ79 '^' 
mand the two Regiments designed for that Station, have re- 

1 This date is February 18 according to Legislative Records of the Council. 



300 



Resolves, etc. — 1777-78. [Chaps. 800, 801.] 



sign'd their Command, your Committee apprehend it necessary 
that said regiments be Officered anew, and that every possable 
method be pursued by this Court to compleat said regiments by 
the first of April next; at which time the Service of the MiUtia 
now Stationed at Rhode Island and Providence Plantation will be 
at an end. Which is Humbly Submitted 

Moses Gill ^ order 
In Council 
Read & Accepted 

In the House of Representatives 
Read & concurrd. [Passed February 20. 



CHAPTER 800 



VOTE ON REPORT OF COMMITTEE CONCERNING BRITISH PRIS- 
ONERS. 



Legislative 
Records of the 
Council, 
xxxviii., 329. 
Mass. 
Archives, 
ccxvii., 167. 

Mass. 
Archives, 
cliii., 42. 



The Committee of both Houses upon the Letter of General 
Heath of the 16"* instant, beg leave to report, that as the Stockade 
round the Barracks at Rutland by reason of the Severity of the 
weather is not yet compleated, and the Barracks themselves for 
the same reason are not sufficient properly to confine the num- 
ber of prisoners proposed to be sent there; that should the pris- 
oners be sent as proposed, it will greatly indanger that part of the 
State and cause a general uneasiness among the inhabitants there, 
and as it will require five times the number of Men to be kept as 
Guards that it would otherwise require in case the Stockade was 
finished, whereby the public expence will be greatly and unneces- 
sarily increased. 

Your Committee are unanimously of opinion that it will be best 
and more for the Public safety for the prisoners to remain on board 
the Guardship 'till the Barracks & Stockade are made sufficiently 
secure for their reception. 

All which is Humbly submitted. 

Moses Gill ^ order. 
In Council 

Read & accepted 

In the House of Representatives 

Read & concurrd. [Passed February 20.^ 



CHAPTER 801. 



VOTE ON REPORT OF COMMITTEE CONCERNING DELAY IN FOR- 
WARDING CLOTHING TO THE ARMY. 



T.iegislative 
Records of the 
C'ouncil, 
xxxviii., 330. 
Mass. 
Archives, 
ccxvii., 168. 

Mass. 
Archives, 
ccxvii., 169- 
171. 



The Committee of both Houses appointed to inquire into the 
reasons of the neglect in forwarding the Cloathing to the Northern 
Army and who was the cause thereof, have attended that service 
and upon inquirey find that some of the Committee have been too 
remiss in their duty, but your Committee apprehend it was rather 
through the difficulty of transportation than any willful neglect; 
your Committee also have made diligent search into the loss of 
the several articles of Cloathing represented to the Court, and have 
the pleasure to inform that the missing articles are vastly less than 
was at first immagin'd; being only twelve pair Breeches, twenty 

» This date is February 19 according to Legislative Records of the Council. 



[5th Sess.] Resolves, etc. — 1777-78. 301 

Blankets and three ^Yatch Coats, a loss that might naturally arise 
from the sudden and confused manner in which the Commissary 
was obliged to deliver them out. 

Which is Humbly Submitted 

Moses Gill ^ order 
In Council 
Read & Accepted. 

In the House of Representatives 
Read & concurrd. [Passed February 20.^ 



CHAPTER 802. 

RESOLVE ON THE PETITION OF EBENEZER JACKSON AND OTHERS. 

On a Petition of Ebenezer Jackson, Daniel Jackson & William Legislative 
Dawes, Children & Heirs of Samuel Jackson, late of Boston de- Councif, ° 
ceasd, and of Daniel Jackson, in behalf of Ruth Tufts, a Grand ^^jj"' ^^'^• 
Daughter of said deceas'd, praying that an unattested copy of Archives, 
the last will and testament of said Deceas'd in the handwriting of '''^''"^" ■ 



John Paine, late a Register of the Court of Probate for the County Xr^chives, 
of Suffolk, may be established & made valid, the records and papers ^g^^" • *^' 
belonging to said Court being carried off when the Town of Boston 
was evacuated by the Enemy. 

Resolved that the prayer of said Petition be granted and the un- 
attested copy in y® handwriting of Jn° Paine, late Register, of the 
last will & testament of Samuel Jackson, late of Boston dec*^, be & 
hereby is established & made valid, and that the Judge of Pro- 
b[ate] of Wills for this County be & hereby is directed to proceed 
accordingly. [Passed February 20. 



CHAPTER 803. 

RESOLVE DIRECTING THE COMMISSARIES FOR THE NORTHERN 
AND SOUTHERN DEPARTMENTS TO SUPPLY ALEXANDER SHEP- 
HARD, CONDUCTOR OF STORES, WITH MONEY. 

W^HEREAS Alex"" Sheppard, the Conductor of Stores for this State, Legislative 
is ordered by this Court to remove a quantity of Stores now at Records of the 
Kenderhook to Penselvania, and whereas the money granted him xxxviii.,'335. 
for that purpose may not be sufficient, therefore Archives, 

Resolved that Levi Shephard, Commissary for the Southern De- ccxvii., iss. 
partm', & Hezekiah Smith, Commissary for the Northern Depart- 
ment, be & they hereby are ordered & directed to supply the said 
Alex' Sheppard with any sum of money he may want (not exceed- 
ing twelve hundred pounds) for said purpose, taking duplicate 
receipts for the sum they may supply him, one of which receipts 
to be sent to the Secretarys Office said Sheppard to be accountable 
for the same. [Passed February 21. 

' This date is February 19 according to Legislative Records of the Council. 



302 



Resolves, etc. — 1777-78. [Chaps. 804-807.] 



Legislative 
Records of the 
Council, 
xxxviii., 336. 
Mass. 
Archives, 
ccxvii., 186. 

Mass. 
Archives, 
ccxvii., 187. 



CHAPTER 804. 

RESOLVE FOR SUPPLYING THE HOSPITAL IN BOSTON WITH LINEN. 

Resolved that the Board of War be & they are hereby directed to 
deliver to John Seollay, or order, Linnen sufficient for eight pair of 
Sheets for the use of the State Hospitall in the Town of Boston. 
[Passed February 21. 



CHAPTER 805. 

RESOLVE ESTABLISHING WAGES AND MILEAGE FOR THE MILITIA 
ORDERED TO RHODE ISLAND. 



Legislative 
Records of the 
Council, 
xxxviii., 336. 
Mass. 
Archives, 
ccxvii., 190. 

Mass. 
Archives, 
clxxiv., 38; 
ccxvii., 172- 
179. 



Whereas there was fifteen hundred men of the Militia ordered 
to the State of Rhode Island by the Honorable Council the 22°** 
of December last, to serve under the command of General Spencer 
three months from the time they marched for which no Establish- 
ment is made, 

Therefore 

Resolved that each non Commission[ed] officer and private soldier 
drafted by s^ order, and who shall well and faithfully perform 
said service, shall at the expiration of said term receive from the 
Treasurer of this State two pounds pr kalinder month in addition 
to the Continental pay, and the officers commanding each com- 
pany are hereby directed to present to this Court Rolls properly 
authenticated to be allowed payment for the same as a gratueaty 
or bounty for their service as aforesaid. 

And it is further 

Resolved that the officers and soldiers shall be allowed and paid 
three pence pr mile from their places of abode to the place of 
destination for their support and subsistance, provided each man 
carried their packs at their own expence. [Passed February 23. 



CHAPTER 806 



Legislative 
Records of the 
Council, 
xxxviii., 337. 
Mass. 
Archives, 
ccxvii., 191. 

Mass. 
Archives, 
cxiiv., 405. 



RESOLVE ON THE PETITION OF SAMUEL KIRKLAND. 

Upon the Petition of Sam' Kirkland, Missionary to the 
Oneida Indians. 

Resolved that the Board of War be & they are directed to deliver 
to the s*^ Sam' Kirkland three & half Bushels Salt, seven Gallons 
Molasses, one hundred W' Sugar, six Gallons Brandy, sufficient 
Linnen for four Shirts, three Yards Shalloon, twelve Pounds 
Chocolate & twelve Pounds of Coffee & to take no pay for the 
same. [Passed February 23. 



CHAPTER 807. 

RESOLVE ON THE PETITION OF CHARLES MILLER AND JARED 

TRACY. 



R^oJdsofthe ^^ '^"^^ PETITION of Charlcs Miller and Jared Tracy, praying 
Council, that a General permitt be granted to Clear out such Vessells as 

xxxvm., 338. ^^^^ ^j^^jj employ to procure Salt for the use of the Continent. 



[5th Sess.] Resolves, etc. — 1777-78. 303 

Resolved that the Naval Officers are hereby directed to Clear out Mass. 
all such Vessells and Cargoes as the said Miller & Tracy shall ccxviiT2b2. 
employ in the service of the United States for the Importation of Mass. 
Salt, they giving a Certificate under oath that the said Vessells & ^x'^vi^^'bi 
Cargoes are for the sole use of the Continent, any Law'or Resolve 
to the contrary notwithstanding. [Passed February 2J^. 



CHAPTER 808. 

RESOLVE DIRECTING THAT MILITIA BE DETACHED FOR SERVICE 
AS GUARDS AT HULL AND LONG ISLAND. 

Whereas by a Resolve of this Court passed Jan^ 26'^ 1778, Legislative 
Col° Cushing was ordered forthwith to detach from the Regiment Records of the 
under his Command One Hundred & Fifty men to hold them- x:^x^h".,'33s. 
selves in readyness to march to Hull, and do duty there on the ArXves, 
shortest notice; as was Col" Thayer ordered to detach from the ccxvii., 206. 
Regiment under his Command Thirty six men to hold themselves 
in readiness to march to Long Island and do duty there on the like 
notice. 

And whereas by a Resolve of this Court of the 7"" Instant, One 
Hundred of the above mentiond One Hundred & Fifty men 
detacht from Col" Cushing Regiment, and the whole of the Thirty 
six men detacht from Col'* Thayer Reg' were ordered to other 
Posts in and about Boston, which will verey much weaken the 
Post at Hull in case the Transports should arrive and l[eave]^ 
that on Long Island wholly destitute, therefore 

Resolved that Col** John Cushing Commanding the 2'"^ Reg' in 
the County of Plymouth, be & he hereby is ordered forthwith 
to detach from the Regiment under his Command One Hundred 
men, encluding a proper number of Non Commissiond officers, 2 
Drummers & 2 fifers, & when so detacht to form them into two 
Companys, which Companys when so formed to be commanded by 
two Commissioned officers, viz, one Capt[ain]^ & one Lieut[enant],^ 
& to march immediately to the Garrison at Hull, equipped with 
every article agreable to the ISIilitia Law. 

That Cor Gill be & he hereby is ordered to detach from the 
Regiment under his Command Eighteen men, encluding a proper 
number of Non Commissioned officers and one Drummer, with one 
Lieutenant to command the same, to march immediately and take 
Post at Long Island equipt in a Sold[ier] 'like manner agreeable to 
the Militia Law. 

That Col" M^ Intosh be & he hereby is ordered to detach from 
the Regiment under his Command Eighteen men, encluding a 
proper number of non Commissiond officers and one Fifer, with 
one Lieutenant to command the same, to march immediately & 
take Post at Long Island properly equipt in a Soldierlike manner 
agreable to the Militia Law; the aforesaid detachments to be 
under the Command of Gen' Heath and continue in the service 
of this State untill the Transports expected to carry off the Troops 
of the Convention shall have left y* harbour of Boston, if not 
sooner discharged, for which service they shall be entitled to and 
receive the same pay and subsistence to which the Guards in 
Cambridge are entitled. 

And be it further 

Resolved that if any person so detached and ordered to march to 
the Post assignd him aforesaid and shall neglect or refuse so to do, 
or shall not procure some able bodied effective man in his room to 

1 Inserted from Legislative Records of the Council. 



304 



Resolves, etc. — 1777-78. [Chaps. 809-811.] 



the excepetance of his Colonel, or pay a fine of Ten Pounds within 
four hours after he shall be detacht or ordered as aforesaid, shall 
be considered as a Sold[ier] ^ in said detachment and treated ac- 
cordingly; and in case aney Sold[ier]^ detached as aforesaid shall 
pay said fine, the Colonel of said Regiment shall apply the same 
towards procuring some other able bodied effective man in his 
stead; and if the same shall be insufficient for that purpose, the 
Colonel aforesaid shall proceed to detach some other person from 
his Regiment untill the number aforesaid be compleated. 

And that the Major part of the Council be desired to issue 
their orders to the several Officers to make their detachment for 
the purposes aforesaid forthwith. [Passed February 2J^. 



CHAPTER 809. 



Legislative 
Records of the 
Council, 
xxxviii., 340. 
Mass. 
Archives, 
ccxvii., 209. 

Mass. 
Archives, 
ccxvii., 210- 
216. 



RESOLVE ON THE PETITION OF JOHN CUNNINGHAM. 

On the Petition of John Cunningham, late of Boston now of 
Worcester. 

Resolved that Joseph Allen, Esq', Agent to the Estate of Rufus 
Chandler late of Worcester, Absentee, be & hereby is [direc]ted^ 
to deliver to the s'^ John Cunningham, such & so muc[h of the 
Household]^ furniture of the s*^ Rufus Chandler's as [shall] ^ not be 
necessary to discharge the just debts [of the said Ru]fus,^ untill 
the further order of this Court, s^ Cu[nni]ngham^ giving Bond to 
s^ agent for the same with sureties to prevent the Embezzlement 
thereof. [Passed February 21^. 



l^egislative 
Records of the 
Council, 
xxxviii., 343. 
Mass. 
Archives, 
ccxvii., 217. 



CHAPTER 810. 

RESOLVE DIRECTING THE COMMITTEE OF SEQUESTRATION TO SELL 
ABSENTEES' GOODS AND FURNITURE AT PUBLIC VENDUE. 

Whereas the mode prescribed the Committee of Sequestration 
for disposing of the Goods & Effects under their care in lots of 
thirty Pounds, is found by experience to be too dilatory and for 
many other reasons not to answer the purposes designed, therefore 

Resolved that the Committee of Sequestration be & they hereby 
are directed to sell at Public Vendue all the Goods & Furniture 
in their possession and pay the money into the hands of the 
Treasurer of this State, any Law or Resolve of this Court to the 
contrary notwithstanding. 

And that the Sale begin on Tuesday, the tenth day of March 
next at 10 o'Clock A.M. and notice thereof be given in the Boston 
News Papers, and the said Committee are also directed to cause 
hand Bills to be struck off and distributed. [Passed February 25. 



CHAPTER 811. 



Legislative 
Records of the 
Council, 
xxxviii., 343. 
Mass. 
Archives, 
ccxvii., 218. 



EESOLVE CONCERNING THE ESTATE OF JOSEPH SCOTT, ABSENTEE. 

Whereas upon a representation made to this Court that the 
Estate of Joseph Scott, late of Boston, an Absentee, was not more 
than sufficient to pay his just debts, this Court by their Resolve 

1 Inserted from Legislative Records of the Council. 



[oTH Sess.J 



Resolves, etc. — 1777-78. 



305 



of the 13*^'' of December last past, did order the Committee of 
Sequestration to dispose of y" said Joseph Scott's Effects, accord- 
ing to the direction of the Court for the disposal of other Ab- 
sentees Estates, notwithstanding a prior Order of the Court of the 
IS'** of October last, for delivering a certain part of the said Joseph 
Scott's Estate to Freelove Scott, the Wife of the said Joseph, for 
the support of herself and children. And whereas it now appears 
that the abovementioned representation was premature & ground- 
less and that the said Freelove Scott, being lately deprived by the 
act of God of the Effects of her said Husband which she had in 
her custody, she and her children are now suffering for the neces- 
sarys of life, Therefore 

Resolved that the said Resolve of the IS**^ of December last be & 
hereby is revoked & declared null and void, & the Committee of 
Sequestration are directed to proceed according to the said Resolve 
of the IS*^*^ of October last, they taking care to deduct out of the 
proceeds of said Estate the debts that may be due therefrom. 
[Passed February 25. 



CHAPTER 812 



ORDER ON THE PETITION OF JOHN PIERCE. 



In Council Read & 
Ordered that Josiah Stone, Esq"", with such as the House shall Mass. 
appoint be a Committee to take under consideration the Petition ccx°vi*Tf74«. 
of Jn° Peirce respecting the Estate of Ezra Sawyer, late of Lan- Mass^ 
caster deceased, & the Answer thereto, hear the parties & report ^'"''•^.'^^s, 
what may be proper to be done thereon. 
In the House of Representatives 
Read & concurr'd & Capt Tucker & M' Whitney are joined. 
[Passed February 25. 



CHAPTER 813 



RESOLVE DIRECTING RICHARD DERBY, JUN^ AND BENJAMIN AUS- 
TIN, LATE AGENTS FOR THE MIDDLE DISTRICT, TO PAY BALANCE 
DUE INTO THE TREASURY. 



Whereas there appears on the adjustment of the Accounts of Legislative 
the Honb'<^ Richard Derby jun^ and Benjamin Austin Esq^, late c^ncif. °^ ^^^ 
Agents for the Middle District, a ballance due from said Agents to Mas^g" ' ^^' 
this State of Four thousand two hundred & forty pounds, nine- A'"'^'^''^'.*?; 
teen shillings & six pence farthing, consisting of 

A Receipt of the Treasurer of New-Hampshire for counterfeit 

money of s<^ State 
A Note of said Treasurer for 
In Connecticut Bills of Credit 
In Rhode-Island Bills of Credit 
In New York Bills of Credit 
In This States' Treasurers Notes 
In This States' Bills of Credit . 
In Continental Bills of Credit 

rpv t £4,240. 19. Q\ 

ihereiore 

Resolved that said Agents be & they hereby are directed to 

deliver & pay into the Treasury of this State the aforesaid Receipt, 

Notes & Bills of Credit, taking duplicate receipts for each of the 

aforesaid sums mentioning therein for what currency or other 









clvii., 114- 








118. 








Mass. 


£286. 

62 

230. 


10 




Archives, 
clvii., 109-113. 


2. 


9 




124. 


12. 


6 




55. 


16 






612. 


6. 


6 




2,451. 


16 






417. 


15. 


9i 





306 



Resolves, etc. — 1777-78. [Chaps. 814-816.] 



thing such receipt is given, one of each of said receipts to be 
lodged in the Secretarys Office. And said receipts shall be a full 
discharge to the said Agents for the trust to which they were ap- 
pointed as Agents for this State. [Passed February 26.^ 



CHAPTER 814 



RESOLVE IMPOWERING HANNAH CAMP, ADMINISTRATRIX, TO SELL 

REAL ESTATE. 



Legislative 
Records of the 
Council, 
xxxviii., 344. 
Mass. 
Archives, 
ccxvii., 219. 

Mass. 
Archives, 
ccxvii., 220. 



On the Petition [of] Hannah Camp, Administratrix on the 
Estate of John Camp, late of Dighton in the County of Bristol 
Deces*^, Praying that she may be impowered to make sale of the 
Real Estate of the s'^ John Camp in Dighton aforesaid, it is 

Resolved that the said Hannah Camp be and she hereby is im- 
powered to make sale of the Real Estate afore^*^, excepting the 
Widow's Dower and the Dower of a former Wid[ow] and to make 
& execute a good and lawfull Deed or Deeds to the purchaser or 
purchasers, giving Bond to the Judge of Probate for the County of 
Bristol, she observing the rules of law made for Executors and 
Administrators sale of Real Estates and apply the Proceeds thereof 
as the law directs. [Passed February 26. 



CHAPTER 815. 



RESOLVE ON THE PETITION OF JONATHAN WILLIAMS, AGENT FOR 
SALE OF UNITED STATES LOTTERY TICKETS. 



Legislative 
Records of the 
Council, 
xxxviii., 346. 
Mass. 
Archives, 
ccxvii., 222. 

Mass. 
Archives, 
ccxvii., 223. 



On the Petition of Jonathan Williams, Agent for the Sale of 
the United States Lottery Tickets, praying that the Nine hundred 
Tickets of said Lottery taken by this Court in behalf of the State 
for the encouragement of said Lottery, may be returned to him as 
it will obUge the People & promote the design of the Lottery, 

Therefore 

Resolved that the Prayer of the Petition be granted & the 
Treasurer of this State is directed to deliver Jonathan Williams, 
Esq'', the Nine hundred Tickets of the United States Lottery re- 
ceived of him on Account of this State, the said Williams giving 
up to the Treasurer his receipt therefor, who is directed to charge 
the Continent for the Tickets aforesaid. [Passed February 27. 



CHAPTER 816. 

RESOLVE MAKING AN ALLOWANCE TO THE SPEAKER AND CLERK 

OF THE HOUSE. 



Legislative 
Records of the 
Council, 
xxxviii., 346. 
Mass. 
Archives, 
ccxvii., 228. 



Resohed that there be allowed & paid out of the Treasury of 
this State, the sum of Six shillings ^ diem to the Hon^''' Speaker 
of the House of Representatives for each days attendance as such 
over and above his pay as a member of the same. Also that there 
be paid to Samuel Freeman, Esq., the sum of Two Hundred 
Pounds in part for his services as Clerk of the said House for the 
present year. [Passed February 27. 

' This date is February 25 according to Legislative Records of the Council. 



[oTH Sess.] Resolves, etc. — 1777-78. 307 



CHAPTER 817. 

RESOLVE APPOINTING A COMMITTEE TO CONFER WITH GEN^ 

WASHINGTON. 

Whereas many great and important consequences may arise in Legislative 
case the Army under General Washington was immediately rein- counctf, °^ ^^^ 
forced with such a number of men as to enable him (by the favor ^^^"i- 347. 
of Divine Providence) effectually to defeat the Designs of Generall Archives, 
Howe before the arrival of any succours from Britain, Therefore c"^^"- 224-227. 

Resolved that the Hon"^! Dan^ Hopins Esq., & M^ Sam' Phillips, 
be and hereby are appointed and enjoined immediately to proceed 
to Head Quarters and confer with General Washington upon the 
subject aforementioned, and know of him whether he has any oc- 
casion for a supply of men from this State, over and above their 
Quota of the Continental iVrmy, to aid and assist him in carrying 
into effect any plan of operations he may have in contemplation 
against the Enemy the ensuing Spring, how many men he may 
want upon such an occasion, and how long a time he would have 
them engaged for and at what time & place it would be necessary 
for such a reinforcement to join him; and to assure him that this 
State in testimony of their peculiar affection and respect for him, 
which he has highly merited by his incessant and unwearied ex- 
ertions in behalf of his Country, as well as from what they owe to 
the Common Cause, will chearfully cooperate with him as far as 
circumstances will admit in his endeavors to expell the army 
under Generall Howe from this Country, & free America from 
that Thraldom & Slavery with which it has been threatned by its 
cruel & Inveterate Enemies. [Passed February 27. 



CHAPTER 818. 

RESOLVE ON THE PETITION OF CAPT. DANIEL SULLIVAN. 

On the Petition of Daniel Sullivan. 

Resolved that the said Daniel Sullivan be admitted to make up a Legislative 
Muster Roll at the rate of Two Pounds ten Shillings pr Month, in Records of the 
addition to one he made up at Two Pounds per month for the xxxviii.,'347. 
soldiers that marcht from Frenchmans Bay to Machias upon Ardiives, 
alarms three several times in the months of July, Sep' and Octo'' ccxvii., 229. 
last; it is further Mass. 

Resolved that the said Daniel Sullivan and company be allowed ccxvii^so, 
the same Rations as those Officers and soldiers that marcht to the "^*^- 
West[ward]'^ in Sep*" last. 

Resolved that the said Sullivan be permitted to purch[ase]^ of 
the Board of war so much of the necessarys of life for the use of 
the inhabitants of Frenchmans Bay as the amount of his Muster 
Rolls if the Board of War can spare it, it is further 

Resolved that the said Daniel Sullivan have liberty to pur- 
[chase]^ of the Comissary Gen*' Twenty five Fire Arms, Two 
Hundred w* of Powder, Eight Hundred w* of Lead and four 
Hundred Flints, he giving proper security for the same to be paid 
to the Comissary of this Sta[te]^ within twelve months from the 
date of this Resolve. [Passed February 27. 

1 Text inserted from Legislative Records of the Council. 



308 



Resolves, etc. — 1777-78. [Chaps. 819-821.] 



CHAPTER 819 



RESOLVE ON THE PETITION OF CAPT. HENRY CLARK. 

R^rds of the Whereas on a representation of Cap* Henry Clark and his two 
^vhT''346 Subaltern Officers it appears that his company, who were detached 
Mass. ' from Coll Jonathan Holman's Regiment to do duty in the State of 

ccxviiTm 240. Rhodc Island, have left the Post assignd them by reason of their 
distress'd situation for want of Provisions, 
therefore 

Resolved that the Hon*"'" Council be & hereby are requested to 
order the said Capt Clark with his company to return to their 
post aforesaid, and to write to Gen^ Spencer desir[ing] him to take 
effectual measures for supplying them with competent & suitable 
Provisions while they shall continue in the aforesaid service. 
[Passed February 28} 



Mass. 
Archives, 
ccxvii., 241, 
242. 



CHAPTER 820 



RESOLVE IMPOWERING COL^ CIL4FTS TO SEND SOLDIERS TO THE 
BARRACKS AT SEWALL'S POINT FOR INOCULATION. 



Legislative 
Records of the 
Council, 
xxxviii., 349. 
Mass. 
Archives, 
ccxvii., 236. 



Whereas a number of soldiers in Coll Crafts' Regiment are 
much in danger of the Small Pox, therefore 

Resolved that Coll Crafts be and hereby is impowered and di- 
rected to cause such of his soldiers as are or have been lately in 
danger of the Infection to be sent to Sewalls Point, provided 
Major General Heath shall permit them to occupy the Barracks 
there for that purpose, and there to be Inoculated if they choose 
to go through the Small Pox in that way. [Passed February 28 } 



CHAPTER 821. 

RESOLVE DIRECTING THE SHERIFF OF SUFFOLK TO PUT D« JOSEPH 
GARDINER IN POSSESSION OF ROOMS IN THE MANUFACTORY 
HOUSE. 



Legislative 
Records of the 
Council, 
xxxviii., 350. 
Mass. 
Archives, 
ccxvii., 237. 



Whereas this Court by their Resolve of Jan'^y 20*^ 1778, upon 
the Petition of D"" Joseph Gardiner praying for leave to take the 
Hall &c in the Manufactory in the Town of Boston for an Hospital 
for Col° Crafts Regiment, did impower the said D"" Gardiner to 
take the said Hall with two Rooms East of it & one Chamber in 
the Manufactory House for the purpose aforesaid, & Whereas the 
said D"" Gardiner has represented to this Court that a certain 
Elisha Brown does obstruct & hinder him from taking possession 
of the Apartments abovementioned, 

Therefore 

Resolved that the Sheriff of the County of Suffolk be and hereby 
is directed forthwith to put the said D'' Joseph Gardiner into pos- 
session of the Apartments mentioned in the Resolve above-men- 
tioned. [Passed February 28. 

1 This date is February 27 according to Legislative Records of the Council. 



[5th Sess.] Resolves, etc. — 1777-78. 309 



CHAPTER 822. 

APPOINTMENT OF ISRAEL CHAPIN AS COLONEL OF THE 2'*" HAMP- 
SHIRE COUNTY REGIMENT. 

In the House of Representatives. Legislative 

The House made choice by ballot of Israel Chapin Esq., as councif, ° 

Colonel of the second Regiment of Militia in the County of ^^Jg " • ^^^ 
Hampshire, in the room of Col. May deceas^. Archives, 

In Council ---"• ^^^- 

Read & Concurred. [Passed February 28. 



CHAPTER 823. 

RESOLVE ON THE PETITION OF EDWARD ROBINS. 

On the Petition of Edward Robins, praying for allowance for Legislative 
his loss at the Battle on Bunker-Hill so called, for reasons set councif," 
forth in his Petition. x^Vm.lzo2. 

Resolved that there be allowed and paid out of the Publick 
Treasury of this State to said Edward Robins, Six Pounds, two 
Shillings in full for his loss. [Passed March 2. 



CHAPTER 824. 

RESOLVE ON THE PETITION OF SETH BARNES & JAMES KILLEY. 

On the Petition of Seth Barns and .James Killy, inhabitafnts of RecoJcis'of the 
Nova-Scotia],^ praying they may have liberty to remove such of Council, 
their [Effects into this State] ^ as may enable them to discharge S^"'" 
sundry debts, which [they owe in this State] ^ and to return home ^^^i-^'^o'es 

unmolested. And also that compensa[tion may be made them] ^ for ^^^^ 

Several Articles taken from them whilst lying in their harbo[urs Archives, 
by the American Privateers],^ which they have reason to think 267^" ' ^^^' 
were never libelled in any Maritime [Court]. ^ 

Resolved That the Petitioners have liberty to bring into this 
State so much [of their Effects as to]^ discharge such debts as are 
due to persons in this State, and the Council are requested to 
give each of the persons above named Protections against the 
Privateers or armed Vessels of this State that they may come into 
the same and return home unmolested. [Passed March 2. 



CHAPTER 825. 

RESOLVE ON THE PETITION OF ABIGAIL FRENCH. 

On the Petition of Abigail French, praying for allowance of R^^'*¥'^f 
her Account for attending and providing for her Son Eleazar Council, 
French, who lost his Arm in the Battle on Charlestown Heights S""^'"' ^^^- — 
the Seventeenth of June, Seventeen hundred and Seventy five. 

Resolved that there be paid out of the Treasury of this State to 
the said Abigail French, the sum of Thirteen Pounds, four Shil- 
lings and Eight pence, in full discharge of said Account. [Passed 
March 2. 

' Text inserted from Legislative Records of the Council. 



310 



Resolves, etc. — 1777-78, [Chaps. 826-829.] 



CHAPTER 826. 



RESOLVE ALLOWING HALF PAY TO NATHANIEL BAKER. 



Legislative 
Records of the 
Council, 
xxxviii., 353. 
Mass. 
Archives, 
ccxvii., 250. 

Mass. 
Archives, 



On the Representation of John Lucas, Commissary of Con- 
tinental Pensioners, in behalf of Nath^ Baker, late a soldier in 
Cap* Nath'^ Wade's Company & Col° Moses Little's Rigem*, & 
who was wound'^ on the Heights of Charlestown the 17*^ of June, 
1775. 

Resolved that the said Nath*^ Baker is intitled to half pay as a 
soldier to comence on the first of Jan^ 177G. [Passed March 2. 



CHAPTER 827. 



Legislative 
Records of the 
Council, 
xxxviii., 353. 
Mass. 
Archives, 
ccxvii., 253. 

Mass. 
Archives, 
ccxvii., 254, 
254i 



RESOLVE RESPECTING PENSION OF ELEAZAR FRENCH, DECEASED. 

On the Representation of John Lucas, Commissary of Con- 
tinental Pensioners, in behalf of Eleazer French, a soldier in Cap* 
Gilbert's Comp^ & Col" Will'" Prescott's Rigem*, who lost one of 
his arms in the Battle on Charlestown [Heights] the 17*'' of June, 
1775, and died of his wounds the 26*'' of Octob^ 1776. 

Resolved that the Heirs of the said Eleazer French are intitled to 
one half his pay as a Soldier from the P* of Jan^ to the 26*^ of 
October, 1776. [Passed March 2. 



CHAPTER 828. 



RESOLVE ALLOWING HALF PAY TO JOHN PRIEST. 



Legislative 
Records of the 
Council, 
xxxviii., 354. 
Mass. 
Archives, 
ccxvii., 247. 

Mass. 
Archives, 
ccxvii., 248, 
249. 



On the Representation of John Lucas, Commissary of Con- 
tinental Pensioners, in behalf of John Preist, late a Soldier in 
Cap* King's Comp^ & Col° Tho* Marshall's Rigem*, who was 
wounded on the retreat from Ticonderoga on the 8*'' of July last, 
and discharged from the service the 27*'' of Febua^, 1778. 

Resolved that the said John Preist is intitled to half pay to 
comence on the said 27**^ of Feb^, 1778. [Passed March 2. 



CHAPTER 829 



IvOgislative 
Records of the 
Council, 
xxxviii., 355. 
Mass. 
Archives, 
ccxvii., 2U3». 

Mass. 
Archives, 
ccxvii., 263. 



RESOLVE ON THE PETITION OF CAPT. JOSIAH GODFREY. 

The Committee on the Petition of Josiah Godfrey have heard 
the Petitioner on the subject matter of his Petition and beg leave 
to report by way of Resolve: 

In the House of Representatives 
Resolved that the wages of Josiah Godfrey, Master of the Brig* 
Swift, a Cartel Vessel, be continued untill the 17*'' day of January 
last. 

In Council 
Read & Concurrd. [Passed March 2. 



[5th Sess. 



Resolves, etc. — 1777-78. 



311 



CHAPTER 830. 



APPOINTMENT OF FIELD OFFICERS FOR THE REGIMENT LATELY 
COMMANDED BY COL. KEYES. 



In the House of Representatives Legislative 

The House made choice by ballot of the following Gentlemen as cwictf °' *'" 
Field Officers for the Regiment lately commanded by Coll Keyes, xxxviii.,' 355. 

VIZ. Archives, 

ccxvii., 262. 
Nathanael Wade ......... Colonel 

Henry Wood .......... Lieut Colonel 

Francis Wilson .......... Major 



In Council 
Read & Concurred. 



[Passed March 2. 



CHAPTER 83 1. 



APPOINTMENT OF FIELD OFFICERS FOR THE REGIMENT LATELY 
COMMANDED BY COL. ROBINSON. 



In the House of Representatives Legislative 

The House made choice by ballot of the following Gentlemen as Records of the 
Field-Officers for the Regiment lately commanded by Coll Robin- xxxviii. ,'355. 

son, viz. Ard'ives, 

ccxvii., 201. 

John Jacobs .......... Colonel 

Frederick Pope Lieut Colonel ^!^^^^:_ 

Abishai Brown .......... Major 



In Council 
Read & Concurred. [Passed March 2. 



Archives, 
ccxvi., 409; 
ccxvii., 174. 



CHAPTER 832 



RESOLVE ON THE PETITION OF SILVANUS SCOTT. 



On the Petition of Silvanus Scott of Machias, praying for Legislative 
relief under his distressed circumstances occasioned by the Enemy's c^df °^ ^^^ 
burning his House and Barn and plundering him of many valuable xxxviii.,' 356. 

articles. Mass. 

Resolved that there be allowed and paid out of the Treasury of ccxviOss- 
this State to the said Silvanus Scott, Fifty Pounds for the present ^^• 
support of his Family. [Passed March 2. 



CHAPTER 833 



RESOLVE ON THE PETITION OF UDNY HAY, DEPUTY QUARTER- 
MASTER GENERAL. 



On the Petition of Udny Hay, D. Q. M. G, praying that he Legislative 
or his Agents may be impowerd (in case of necessity) to impress ^*^r4s of the 
so many Teams as he may want to transport Publick Stores to xxxviii.,' 357. 
Albany. ^ Ar^cWves, 

Resolved that the Committee of Correspondence, Inspection & cw^yj'- ^77. 
Safety or Selectmen of the several Towns in the Northern depart- 



312 



Resolves, etc. — 1777-78. [Chaps. 834-836.] 



Mass. 
Archives, 
ccx^ai., 278 
2S0. 



ment within this State be, & they are hereby authorized & di- 
rected, upon application made to them by the said Hay or his 
Agent or Agents, to furnish him or them, with such and so many 
Teams and Carriages as he or they may require for the purpose 
aforesaid: And in case they cannot be procured otherwise than 
by Impressing they the Comittees or Selectmen aforesaid, are 
hereby impowered & directed to Impress such & so many Teams 
and Carriages as may be wanted for the use aforesaid, he the 
said Hay or his Agents paying such prices therefor as said Com- 
mittees or Selectmen shall think reasonable. [Passed March 3. 



Legislative 
Records of the 
Council, 
xxxviii., 357. 
Mass. 
Archives, 
ccxvii., 275. 



CHAPTER 834. 

RESOLVE CONTINUING THE COMMITTEE OX REPAIR OF THE ROADS 
THROUGH THE GREEN WOOD.S. 

Resolved that Noah Goodman Esq'', Nathaniel Kingsley Esq"", 
M'' Ephraim Wright & John Chadwick Esq"", who were appointed 
a Committee Sep'' 19**^, 1777, to procure necessary repairs of the 
Roads thro' the Green Woods in the Western parts of this State, 
be continued a Committee to procure further necessary repairs of 
s*^ Roads as soon as may be practicable this Spring. [Passed 
March 3. 



CHAPTER 835 



RESOLVE IMPOWERING JOHN MOOR, ADMINISTRATOR, TO SELL 

REAL ESTATE. 



Legislative 
Records of the 
Council, 
xxxviii., 357. 
Mass. 
-\rchives, 
ccxvii.. 268. 

Mass. 
Archives, 
ccxvii., 269. 



On the Petition of William Elder and Sarah Elder of 
Worcester, and John Moor of Rutland, Administrator on the 
Estate of Samuel Crawford, late of Barre Deceased, praying said 
Administrator may be impowered to sell Sixty four acres of Land 
& the Buildings thereon, being a part of the Real Estate of said 
Deceased. 

Resolved that the Prayer of the Petition be granted and that 
said John Moor in his said capacity be and is hereby impowered 
to make sale of the said Sixty four acres of Land & the Buildings 
thereon, assigned & set off to Sarah Crawford, the widdow of said 
Deceased, during her natural life, & to the Heirs of James Craw- 
ford Dec'^, for the most the same will fetch, and to make and 
execute a good Deed or Deeds in the law to the purchaser or pur- 
chaser, he observing the rules in the law for the sale of Real 
Estates by Executors & Administrators, and giving Bond to the 
Judge of Probate for the County of Worcester that the proceeds of 
said sale be disposed of according to law. [Passed March 3. 



CHAPTER 836 



RESOLVE ON THE PETITION OF BENJAMIN FURNASS. 



Legislative 
Records of the 
Council, 
xxxviii., 358. 
Mass. 
Archives, 
clxxxiv., 12, 13. 



Upon the Petition of Benjamin Furnass setting forth that he, 
by the permission of this Court, had proceeded to Nova Scotia in 
the Schooner Two Brothers, Joseph Williams Master, to bring up 
Effects belonging to Ebenezer Thayer; but that said Schooner 
proving leaky, & Cap' Williams absent, he was obliged to take 



[ryni Sess.] Resolves, etc. — 1777-78. 313 

another Vesscll & Master to return with said Thayer's Effects; & Arohives, 
that upon his passage up putting into Casco Bay, the Vessell & cixxxiy.,'ii; 
Cargo was seized by George Dike, Commander of the Fort there, 
as not being under the permission granted by this Court; And 
therefore praying the Court to order that said Vessel & Cargo 
be released to him. 

Resolved that the prayer of said Petition be so far granted as 
that the Vessell & Cargo, set forth by the Petitioner to be under 
the custody of M"^ George Dicke, Commander of the Fort at Casco 
Bay, be immediately released & permitted to proceed up to Bos- 
ton, where upon her arrival report is ordered immediately to be 
made by the Commander of said Vessell to the Board of War (un- 
der whose directions said Furnass proceeded to Nova Scotia in 
the Sch' Two Brothers). And said Board are directed to make 
needfull enquiry whether the conditions in the Permission granted 
by a Resolve of this Court the 30**^ of September last to Ebenezer 
Thayer & said Furnass, have been properly complied with. [Passed 
March 3. 



CHAPTER 837. 

VOTE ON REPORT OF COMMITTEE RELATIVE TO THE ISSUANCE OF 

PASSES. 

The Committee of both Houses appointed to consider what is Legislative 
proper to be done with respect to those Persons who were lately couricii^, °^ ^'^^ 
Apprehended by the Peace Officers of the Town of Boston ; Also ^'^J^'" ■ ^^^• 
what is proper to be done for the Security of the Inhabitants of Archives, 

that Town & the Neighbouring Towns, and to bring in a Resolve ccxvn., 2si. 

for Preventing Persons from Passing through any Town in this Jfrdiives 
State without a Pass : ccwi., 288: 

Beg leave to report, that it appears by a Resolve of the 14**^ of ^^'^^' ' 
January, that the first part is provided for; And that part which 
relates to preventing Persons passing through any Town in this 
State without a Pass; your Committee have duly considered the 
same and beg leave to report, unanimously, that they apprehend 
it will be attended with so many evils & damage to many good 
People throughout this State, that it is not expedient to pass any 
such Resolve. 

John Taylor Pr order 
In Council 

Read & Accepted 

In the House of Representatives 

Read & concurrd. [Passed March 4-^ ■ 



CHAPTER 838. 

RESOLVE ON THE APPLICATION OF GEN^ PUTNAM. 

Upon the Application of Gen* Putnam for sundry articles nee- Legislative 
essary for fortifying Hudson's River. c^cf^ *''° 

Resolved that the hon*"^® Council be & they hereby are desired & xxxviii.,'359. 
the Board of War are hereby directed to give Gen* Putnam all Archives, 

possible assistance in procuring such Cables & Cannon as he wants c^^'^^"- ^^^- 

& can be spared from this State. [Passed March 4- Archives 

1 This date is March 2 according to Legislative Records of the Council. 284. ' ' 



314 



Resolves, etc. — 1777-78. [Chaps. 839-841.1 



Legislative 
Records of the 
Council, 
xxxviii., 359. 
Mass. 
Archives, 
ccxvii., 285. 



CHAPTER 839. 

RESOLVE RELATIVE TO THE PAY OF THE REGIMENTS RAISED FOR 
DEFENCE OF RHODE ISLAND. 

Whereas doubts have arisen whether the encouragements 
offered by a Resolve of this Court of December 13, 1777, to the 
Officers & Soldiers who should serve in the two Regiments in the 
service of this State under the command of Colonels Robinson & 
Keyes, will extend to said Officers & Soldiers since other Colonels 
have been appointed to command said Regiments: It is therefore 

Resolved that the Officers & Soldiers who are engaged or may 
engage in either of said Regiments under whose-ever command 
they may be, shall be entitled to the pay, rations & other encour- 
agements offered in said Resolve in as full & ample manner as 
they might have been, had said Robinson & Keyes continued to 
command said Regiments. [Passed March 4- 



CHAPTER 840 



Legislative 
Records of the 
Council, 
xxxviii., 360. 
.Mass. 
Archives, 
ccxvii., 287. 

Mass. 
Archives, 
ccxvii., 288, 
289. 



EESOLVE ALLOWING ADDITIONAL PAY TO THE JUSTICES OF THE 

SUPERIOR COURT. 

Whereas it appears to this Court that the extra Grants made 
to the honorable Justices of the Superior Court, in consideration 
of the advanced prices of the necessaries of life, the last year, 
were inadequate to the purpose for which they were intended, 
therefore, 

Resolved that there be further allowed & paid out of the Treasury 
of this State to the honorable William Cushing Esq'', the sum of 
One hundred and fifty Pounds; to the honorable Jedediah Foster 
Esq'', the sum of One hundred & fifty Pounds; to the honorable 
Nathaniel Peasly Sergeant Esq"", One hundred and fifty pounds; 
to the honorable James Sullivan Esq"", One hundred & fifty pounds; 
& to the honorable David Sewall Esq"", Fifty Pounds; as addi- 
tional Grants for the reason above-mentioned & in full to the 
first day of January last. [Passed March 4. 



CHAPTER 841 



T^egislative 
Records of the 
Council, 
xxxviii., 360. 
Ma.ss. 
Archives, 
ccxvii., 290. 

Mass. 
Archives, 
ccxvii., 291. 



RESOL\"E IMPOWERING EXPERIENCE BLACKMAN, ADMINISTRA- 
TRIX, TO SELL REAL ESTATE. 

On the Petition of Experience Blackman, Widow and Ad- 
ministratrix on the Estate of her late Husband Josiah Blackman, 
of Stoughtonham in the County of Suffolk Deceased, praying for 
liberty to sell the Real Estate mentioned in said petition. 

Resolved that the Prayer of the Petition be granted, and that 
the said Experience Blackman in her said capacity be and is 
hereby impowred to make sale of the Real Estate aforesaid for 
the most the same will fetch, mentioned in said Petition, and to 
make and execute a good Deed or Deeds in the law to the pur- 
chaser or purchasers, she observing the rules in the law for the 
sale of Real Estates by Executors and Administrators, and giving 
bond to the Judge of Probate for the County of Suffolk that the 
proceeds of said sale be disposed of according to law. [Passed 
March 4- 



[5th Sess.] Resolves, etc. — 1777-78. 315 



CHAPTER 842. 

RESOLVE FOR OBTAINING RETURNS FROM TOWNS AND PLANTA- 
TIONS RESPECTING A FORM OF GOVERNMENT. 

Whereas in consequence of a Resolve of the General Court of k^^'^'f'^?,, 

1 • (-C 1 TV r r 1 f^nn 1 TT r. T-. Rccords Of the 

this state passed May 5, 1777, the present House oi Representa- Council, 
tives were at their respective elections, instructed in one Body Mas^" ' 
with the Council "to form such a constitution of Government as -'^"'^'•'^''o'no 
they should judge best calculated to promote the happiness of 294. 



this State;" and the Council & House of Representatives having Mass. 
accordingly in Convention assembled agreed to a Form of Govern- dv^^'2^- 
ment to be laid before the Inhabitants of this State agreably to 303. 
said Resolve, It is therefore 

Resolved that a printed Copy of said Form of Government be 
forthwith transmitted to the Selectmen of each Town and the 
Committee of each Plantation, and the said Selectmen & Com- 
mittees are hereby directed to lay the same before their respective 
Towns or Plantations at a regular meeting of the male Inhabit- 
ants thereof, being free & twenty one years of age, to be called 
for that purpose, in order to its being duly considered & approved 
or disapproved by said Towns & Plantations. And the said Select- 
men and Committees are hereby further directed to make a return 
of the doings of their respective Towns & Plantations into the 
Secretary's office of this State by the fifteenth Day of June next, 
specifying in such return the number present in such meeting vot- 
ing for, and the number voting against said Form of Government; 
and where the Inhabitants of any Town or Plantation voting in such 
meeting are unanimous, the Selectmen or Committee are directed 
in their return to specify the number so voting and whether for 
or against said Form of Government; as it is necessary that the 
whole number voting for, and the whole number voting against 
said Form of Government, throughout the State be known. 

And it is hereby recommended to the several Towns & Planta- 
tions within this State to instruct their respective Representatives 
upon this Subject, that so the General Court may be properly 
impowered to establish this Form of Government, if upon a fair 
examination of the returns aforesaid by the General Court or such 
a Committee as they shall appoint for that purpose, it shall ap- 
pear that it is approved of, by at least two thirds of those who 
are free and twenty one years of age belonging to this State and 
present in the several meetings. [Passed March 4. 



CHAPTER 843. 

APPOINTMENT OF FIELD OFFICERS OF THE 8™ ESSEX COUNTY 

REGIMENT. 

In the House of Representatives j^^ isiative 

The House made choice by ballot of the following Gentlemen as Records of tiw 
Field Officers for the eighth Regiment of Militia in the County of xx^viiT.,'362. 
Essex, viz. f^^^-. 

' Archives, 

Larkin Thorndike ......... Colonel — — 

Enoch Putnam .......... Lieut Colonel 

Caleb Lowe .......... first Major 

John Flint .......... second Major 

In Council 
Read & Concurred. [Passed March 4' 



316 



Resolves, etc. — 1777-78. [Chaps. 844-846.] 



CHAPTER 844. 

APPOINTMENT OF FIELD OFFICERS OF THE 1^^ PLYMOUTH COUNTY 

REGIMENT. 



Legislative 
Kecords of the 
Council, 
xxxviii., 362. 
Mass. 
Archives, 
ccxvii., 296. 



In the House of Representatives 
The House made choice by ballot of the following Gentlemen as 
Field Officers for the first Regiment of Militia in the County of 
Plymouth, viz. 



John Gray 
Seth Cu.shing 
Nathaniel Goodwin 

In Council 
Read & Concurred. 



Lieut Colonel 
first Major 
second Major 



[Passed March 4- 



Lc£;islative 
Records of the 
Council, 
.\x.\viii., 363. 
Mass. 
Archives, 
ccxvii., 297. 



CHAPTER 845. 

resolve for supplying the continental soldiers with 

shoes, etc. 

Resolved that the Board of Warr be directed forthwith to pro- 
cure ten thousand Shirts, ten thousand pair of Stockings, and ten 
thousand pair of Shoes, & deliver the same to y^ Conductor of 
Stores for this State, who is hereby order'd to transport y® same 
without delay to y" Army & there deliver them to y*' Commis- 
sarys of Stores for this State; & the said Commissarys are hereby 
order'd & directed to deliver to each non Commission'd Officer & 
private Soldier raised as this State's proportion of y*^ Continental 
Army, one Shirt, one pair of Stockings & one pair of Shoes, as a 
Present from this State; & the said Commissarys are further 
ordered & directed to take two Certificates from y^ Commanding 
Officers of each Regiment from this State asscertaining y'^ number 
of y^ above Articles so delivered, one of which Certificates shall be 
sent by said Commissarys to y^ Secretarys Office in this State. 
And if after supplying the clothing aforesaid there shou'd be a 
remainder on hand, y^ said Commissarys are directed to sell them 
as other Stores & to account with this Court for y® same. [Passed 
March 5. 



CHAPTER 846 



RESOL^^ FOR PAYING CONTINENTAL WAGES TO THE MILITIA THAT 
MARCHED TO REINFORCE THE NORTHERN ARMY. 



T.,eKislative 
Records of the 
Council, 
.xxxviii., 303. 
Mass. 
Archives, 
ccxvii., 298. 

Mass. 
Archives, 
ccxvii., 1. 



Whereas it is represented to this Court, that several of the 
detachments of the Militia of this State, which march'd to rein- 
force the Northern Army under the command of General Gates, 
by Order of Council of the 22'"^ of September last, & some who 
march'd at the request of Gen^ Gates previous to the said Order 
of Council have not received their Monthly or Continental Pay, 
by reason of deficiency of money in the hands of the Paymaster 
Gen' of that Department or for want of proper Orders relative 
thereto; & Whereas the expence of applications to the Command- 
ing Officer of the Northern Army for orders for payment, & the 
uncertainty of receiving payment when such order is obtain'd, 
will be so great as to be an unreasonable burden upon those whose 



[5tii Sess.] Resolves, etc. — 1777-78. 317 

business it is to make up the Rolls, considering the small sums that 
may be due, & will tend greatly to discourage the spirited exertions 
of the Militia upon sudden eniergencys in future. Therefore 

Resolved that there be advanced and paid out of the Treasury of 
this State to the several OfKcers & Privates, who serv'd in the said 
detachments, the sums due to them respectively for their Wages, 
Rations & Mileage due to them for their Continental Pay, pro- 
vided that the Officers making up the Rolls shall make oath that 
they have not received their pay for that service or any order upon 
the Paymaster General for that purpose; & the Committee ap- 
pointed to examine the Muster Rolls are hereby directed to ex- 
amine & pass such Rolls, & that an ace* of all Monies advanced 
& paid by this State in consequence of this Resolve with the 
proper vouchers be laid before Congress for allowance. Also 

Resolved that such of the detachments of the Militia from the 
four Western Counties in this State, who march'd by Order of 
Council or by Order of the Commanding Officers of the respective 
Counties upon the Alarm at Ticonderoga, or upon the Alarm at 
Bennington since the first of June last, & who have not receiv'd 
their Continental Pay shall be entitled to receive y^ same from the 
Publick Treasury in manner as above expressed, and that the Pay 
Rolls which shall be made up for the Continental Pay in all the 
cases abovenamed, shall be made up seperate from y^ additional 
pay from the State. [Passed Mareh 5. 



CHAPTER 847. 

RESOLVE ON THE PETITION OF JOHN WALLIS. 

On the Petition of John Wallis, setting forth that whilst he Legislative 
was on board the Schooner Lyon, in the service of this State, he counctf, °^ ^'^"^ 
was taken by a Brittish Frigate & detained Several months, and ™''*'"'' 3^^- 
praying for an allowance for his time whilst he was detained, &c. Archives, 

Resolved that there be allowed & paid out of the Publick Treas- ''^'^^''- ^"°- 

ury Three pounds to John Wallis, in full for his wages whilst in Archives 
the service of this State on board the Schooner Lyon. [Passed ccxvii., sbo. 
March 5. 

4 

CHAPTER 848. 

RESOLVE ON THE PETITION OF CAPT. MOSES BARLOW. 

On THE Petition of Moses Barlow, Setting forth that he was Legislative 
taken prisoner by a Brittish Frigate when he was in the service coundf, °^ ^^^ 
of this State, on board the Schooner Lyon, by means of w^hich he ^j"'"^" • 365- 
lost much time & all his Sea Instruments, and praying for an Arehives, 
allowance for the same. ccxvn., 302. 

Resolved that there be allowed and paid out of the Publick Archives 
Treasury of this State Four pounds ten Shillings to Moses Barlow, ccxvU., 303. 
in full for his wages whilst in the service of this State on board the 
Schooner Lyon. [Passed March 5. 



318 



Resolves, etc. — 1777-78. [Chaps. 849-852.] 



CHAPTER 849 



RESOLVE ON THE PETITION OF JOSEPH BRACKETT. 



Legislative 
Records of the 
Council, 
xxxviii., 365. 
Mass. 
Archives, 
ccxvii., 304. 

Mass. 
Archives, 
ccxvii., 305, 306. 



On the Petition of Joseph Brackett of Lee in the State of 
New-Hampshire, and Mary his Wife, as She is mother and next 
of kin to Elizabeth Nye and Mary Nye, two minors under the age 
of fourteen years, & daughters of Adinah Nye, late of Pownal- 
borough Deceased, praying to sell the Real Estate mentioned in 
said Petition for the reasons therein sett forth. 

Resolved that the Prayer of Said Petition be granted and that 
the said Joseph Brackett and Mary his Wife, in their said capacity 
be and hereby [are] impowred to make sale of the Real Estate 
mentioned in said Petition for the most the same will fetch, and 
make and execute a good Deed or Deeds in law to the purchaser 
or purchasers, they observing the rules in the law for the sale of 
Real Estates by Executors and Administrators, and giving Bond to 
the Judge of Probate for the County of Suffolk that the proceeds 
of said sale be disposed of according to law. [Passed March 5. 



CHAPTER 850. 



Legislative 
Kecords of the 
Council, 
xxxviii., 366. 
Mass. 
Archives, 
ccxvii., 307. 

Mass. 
Archives, 
ccxvii., 308. 



RESOLVE ON THE PETITION OF DAVID BROWN. 

On the Petition of David Brown praying he may have liberty 
to go to Halifax in the next Cartel, 

Resolved that the Prayer of the Petition be granted and that the 
Council be desired to permitt the Petitioner with his Family and 
Effects to go to Halifax in Nova Scotia in the next Cartel, he pay- 
ing the Charges. [Passed March 5. 



CHAPTER 851. 



RESOLVE DISMISSING ALEX^ SHEPHARD, CONDUCTOR OF STORES. 



Legislative 
Records of 
Council, 
xxxviii,, 367 
Mass. 
Archives, 
ccxvii., 310. 



the 



Mass. 
Archives, 
ccxvii., 309. 



W^hereas it appears to this Court that M'' Alex"" Shephard, 
lately appointed Conductor of Stores, has not conducted with the 
dispatch & prudence which the service required, and by reason 
of his advanced age is unable to execute the duty of the office to 
which he has been appointed, it is therefore 

Resolved that the said Alex'" Shephard be dismist from any further 
ser\aces as a Conductor of Stores for this State. [Passed March 6. 



Legislative 
Records of the 
Council, 
xxxviii., 367. 
Mass. 
Archives, 
ccxvii., 311. 

Mass. 
Archives, 
«cxvii., 312. 



CHAPTER 852. 

RESOLVE ON THE PETITION OF SAMUEL FREEMAN. 

Resolved that the Committee of Sequestration be & hereby are 
directed to deliver to Samuel Freeman a sett of Blackstone's 
Commentaries, he paying a reasonable price for the same. [Passed 
March 7. 



[5th Sess.] Resolves, etc. — 1777-78. 319 

CHAPTER 853. 

RESOLVE ON THE PETITION OF STEPHEN BLANEY. 

On the Petition of Stephen Blaney praying for leave to go to Legislative 
Nova Scotia to move his Family into this State. Scfr^*^^ 

Resolved that the prayer of the Petition be granted, and that ^J^'" ■ ^^''■ 
the said Blaney have liberty to proceed to Yarmouth in Nova- Archives, 
Scotia and to return with his Family and Effects to Marblehead, 
provided said Blaney carry nothing out of the State but what is 
necessary for that purpose. And all Privatteers & armed Vessells 
belonging to this State are directed to lett the said Blaney pass 
and repass with his Family & Effects as aforesaid without mollista- 
tion, and it is hereby recommended to the commanders of all 
armed Vessels belonging to the United States, or any one of them 
to suffer s'^ Blaney to pass unmolested. [Passed March 7. 



ccxvii., 313. 



CHAPTER 854. 

RESOLVE IMPOWERING THE CONDUCTOR OF STORES TO IMPRESS 

TEAMS, ETC. 

Whereas the Resolve for appointing a Conductor of Stores Legislative 
pass'd December 4*'', 1777, is in some respects insufficient to an- coundf, °^ *^^ 
swer the ends proposed thereby, it is further xxxviii.,'369. 

Resolved That the Conductor of Stores or his Deputy (if he shall Archives, 
judge it best) apply to any Justice of the Peace, or the Select Men "cxvu.. 3i5. 
or Committee of Safety, where no Justice is, of any Town in this 
State, who are hereby authorized & directed on such application 
to issue their Warrant to a Constable to impress as many Teams, 
Carriages & Drivers as s^ Conductor or his Deputy shall require. 
It is further 

Resolved that s'^ Conductor whenever he stand in need of Teams, 
Guards &c out of this State, be directed to apply to the Civil or 
Military x\uthority of the State he may be in, who are hereby 
desired to grant him all the Aid & Assistance he may request. It 
is further 

Resolved that the s'^ Conductor shall be allowed and paid for his 
own service & the use of his Horse the sum of Twenty Shillings 
p'' Day, for each day he shall be actually employed in s*^ service, 
exclusive of his reasonable expences, till the further Order of this 
Court. [Passed March 7. 



CHAPTER 855. 

ORDER APPOINTING A COMMITTEE TO BRING IN A BILL FOR REGU- 
LATING PRICES OF LABOUR. 

Report of the Members of the two Houses to Confer on the Legislative 
Subject matter of the Report of the Commissioners who have councff °^^^^ 
lately met at New-Haven to appoint a Committee to bring in a xxxviii..'368. 
Bill for regulating the prices of Labour, &c. 
In the House of Representatives, 

Read and accepted, and thereupon 

Ordered, that Capt. Stone, Brigadier Lovell, M'' Wadsworth, M'' 



320 



Resolves, etc. — 1777-78. [Chaps. 856-859.] 



Singletary and M' Thomas with such as the Honb'*' Board shall 
join, be a Committee to bring in a Bill for the purpose therein 
mentioned. 

In Council 
Read & Concurred, and Thomas Cushing, Joseph Palmer, 
Samuel Holten and Timothy Danielson Esq" are joined. [Passed 
March 7. 



CHAPTER 856. 

RESOLVE IMPO WEEING THE TREASURER TO LOAN THIRTY THOU- 
SAND DOLLARS TO MAJ. GEN'- HEATH. 



Legislative 
Records of the 
Council, 
xxxviii., 370. 
Mass. 
Archives, 
ccxvii., 316. 



Whereas Maj"" Gener' Heath has applied to this Court for the 
Loan of thirty thousand Dollars for a short time, and whereas 
the state of the Treasury at present is such that the said Sum 
cannot be furnished, it is therefore 

Resolved that the Treasurer of this State be & he is hereby im- 
powered to borrow from any person or persons who are willing to 
lend the same, a Sum not exceeding Thirty thousand Dollars and 
give his note to repay the same on Demand, and the Treasurer is 
hereby Directed to lend the money he may so borrow to Maj"" 
Gen^ Heath, takeing his obligation for the same payable on De- 
mand. [Passed March 9. 



CHAPTER 857 



Legislative 
Records of the 
Council, 
xxxviii., 370. 
Mass. 
Archives, 
ccxvii., 317. 



RESOLVE ALLOWING £10,000 TO THE COMMITTEE TO SUPPLY SMALL 

STORES, ETC. 

Resolved that the Treasurer of this State be & he hereby is 
directed to pay to the Committee appointed to Supply the army 
with Slops & Small Stores, the sum of Ten thousand pounds, they 
to be accountable to the Gen^ Court for the Sums they shall re- 
spectively receive. [Passed March 9. 



CHAPTER 858. 



Legislative 
Records of the 
Council, 
xxxviii., 371. 
Mass. 
Archives, 
ccxvii., 318. 



RESOLVE ALLOWING £300 TO JOHN LUCAS, COMMISSARY OF PEN- 
SIONERS. 

Resolved that there be paid out of the publick Treasury to John 
Lucas, Commisary of Continential pinsioners, the sum of three 
hundred pounds to enable him to pay the severall pinsions as they 
become due, he to be accountable to the Gen^ Court for the ex- 
penditure of the same. [Passed March 9. 



CHAPTER 859. 



legislative 
Records of the 
Council, 
xxxviii., 371. 



RESOLVE ALLOWING £4,700 TO JOHN GODDARD, CONDUCTOR OF 

STORES. 

Resolved that there be paid out of the Treasury of this State to 
John Goddard, Conductor of Stores for this State, the sum of Three 
thousand five hundred pounds to enable him to discharge the trust 
reposed in him, and it is further 



[5th Sess.] Resolves, etc. — 1777-78. 321 



Resolved that Levi Shephard, Esq"", Commissary for this State in Mass 



the Southern department, and Hezekiah Smith, Esq"", Commissary 
in the Northern department, be & they hereby are ordered & 
directed to furnish the said Conductor on his application therefor 
with a sum not exceeding Twelve hundred pounds, taking two 
receipts for the sum they shall so furnish, one of which to be 
sent to the Secretaryes office, the said Conductor to be account- 
able to the Gen' Court for the expenditure of the same. 

And it is further 

Resolved that the Said Conductor be & he hereby is Impowered 
& directed to purchase a Suitable Horse for the Business at the 
Expence of this State. [Passed March 9. 



Archives, 
ccxvii., 319. 



CHAPTER 860. 

RESOLVE ON THE PETITION OF JONATHAN JACKSON AND JOHN 

BROMFIELD. 

Upon the Petition of Jon^ Jackson & John Bromfield, pray- Legislative 
ing permission to send to Yarmouth in Nova Scotia to procure a coundf °^ *''^ 
Debt due from the Estate of John Barnard, late of that place. xxxviii.,'371. 

Resolved That any effects belonging to the Estate of John Bar- A«fhives, 
nard, that may be sent from Yarmouth in Nova Scotia for the ccxvii.. 320. 
purpose of discharging a Debt due from said Barnard to Jonathan ^f^Y^i 
Jackson & John Bromfield of Newburyport before the present ccxvii., 32L 
Warr began, be allowed safe Passport to this State, & all Com- 
manders of vessells belonging to this State or y® subjects of it are 
directed, & those Commanders of vessells belonging to other of y^ 
United States are requested to permitt such effects to pass un- 
molested to this State. [Passed March 9. 



CHAPTER 8-61. 

RESOLVE ON THE PETITION OF BENJAMIN RICHARDS AND OLIVER 

MORTON. 

On the Petition of Benjamin Richards & Oliver Morton, setting Legislative 
forth that they were taken in the Brigantine Independence, com- coundf "^^^^ 
manded by Cap* Sampson, in the service of this State, and that xxxviii.,'372. 
they have received no wages from the fifth of July last untill they Archives, 
got home. ''<'^^"- ^^^' 

Resolved that there be allowed and paid out of the public Treas- Y^^: 
ury of this State Sixteen pounds nine Shillings & 6^ to Benjamin ccxvii., 323. 
Richards, in full for his wages from the fifth of July last to the 
first of Feb"^ last when he returned home. It is further 

Resolved that there be allowed & paid out of the publick Treas- 
ury Four pounds Twelve Shillings & 9*^ to Oliver Morton, in full for 
his wages from the fifth of July last, to the first day of November 
last, which time he was in the pay of this State. [Passed March 9. 



322 



Resolves, etc. — 1777-78. [Chaps. 862-865.] 



I-cgislative 
Records of the 
Council, 
xxxviii., 372. 
Mass. 
Archives, 
ocxvii., 325. 



CHAPTER 862. 

RESOLVE ON THE PETITION OF CALEB HOPKINS. 

Upon the Petition of Caleb Hopkins praying that permission 
may be given to William Lambert to return from Nova Scotia 
with his Family & EflFects. 

Resolved that William Lambert, formerly an inhabitant of Bos- 
ton, be permitted to return with his Family & Effects from Nova 
Scotia to this State, & that all Vessells of War belonging to the 
subjects of this State are directed not to molest or hinder y^ 
said Lambert with his Effects, while on his voyage for any part 
of this State, & it is recommended to all Commanders of Vessells 
belonging to any of the United States to permit y® said Lambert 
his Family & Effects to return to this State unmolested. [Passed 
March 9. 



CHAPTER 863 



RESOLVE ON THE PETITION OF SAMUEL NOWELL. 



Legislative 
Records of the 
Council, 
xxxviii., 372. 
Mass. 
Archives, 
ccxvii., 326. 

Mass. 
Archives, 
ccxvii., 327. 



On the Petition of Samuel Nowell, setting forth that he was 
taken prisoner with Cap* Sampson in the Brigantine Independ- 
ence, that he hath not rec^ his full wages, and praying that the 
remainder of his wages may be paid. 

Resolved that there be allowed and paid out of the public Treas- 
ury of this State Sixteen pounds to Samuel Nowell or order, in 
full for his wages whilst in the pay of this State, Viz., from July 
y® 5*^ to January y^ 25*^ @ 48/ ^"^ month. [Passed March 9. 



CHAPTER 864. 



Legislative 
Records of the 
Council, 
xxxviii., 373. 
Mass. 
Archives, 
ccxvii., 328. 



RESOLVE DIRECTING THE TREASURER TO RECEIVE £400 FROM 
JONATHAN LOWDER, TRUCK MASTER. 

Resolved that the Treasurer of this State be and hereby is di- 
rected to receive of Jonathan Lowder, Truck Master of the Penob- 
scot Indians, Four hundred pounds, which sum when paid said 
Lowder shall have credit for upon the final settlement of his 
Accounts. [Passed March 9. 



CHAPTER 865 



Legislative 
Records of the 
Council, 
xxxviii., 373. 
Mass. 
Archives, 
ccxvii., 329. 



RESOLVE ADJOURNING THE COURT OF GENERAL SESSIONS OF THE 
PEACE AND INFERIOR COURT OF COMMON PLEAS IN PLYMOUTH 
COUNTY. 

W'hereas by a Resolve of the General Court of the 2^ of Dec"", 
1777, the Court of General Sessions of the Peace & Inferiour Court 
of Common Pleas for the County of Plimouth, which by Law was 
to be holden at Plimouth within & for the County of Plimouth on 
the second Tuesday of Dec^ 1777, was adjourned to the third 
Tuesday of April next (thro mistake) instead of the second, which 
by Law is the day said Courts are to be holden at Plimouth within 
& for the County of Plimouth, Therefore 

Resolved that the Court of General Sessions of the Peace & 



[5tii Sess.] Resolves, etc. — 1777-78. 323 

Inferiour Court of Common Pleas for the County of Plimouth, 
that now stands adjourned to the third Tuesday of April next be 
held at Plimouth within & for the County of Plimouth on the 
second Tuesday of April next, and that all writs, processes & 
recognizances returnable to, & all appeals made to the said Court 
of General Sessions of the Peace & Inferiour Court of Common 
Pleas appointed by Law to be holden at Plimouth and all matters, 
causes & things that have day or that might have been had, 
moved or done at, in or by the said Courts at the time so ap- 
pointed for holding the same, shall be returnable to & may be 
entered, prosecuted, had, moved & done at, in & by the said 
Courts at the time hereby appointed for holding the same, any 
thing in the forementioned Resolve notwithstanding. [Passed 
March 9. 



CHAPTER 866. 

RESOLVE IMPOWERING SELECTMEN AND COMMITTEES OF COR- 
RESPONDENCE TO ENLIST OR DRAFT MEN FOR THE CONTINENTAL 
ARMY. 

Whereas doubts have risen in the minds of many whether the Legislative 
Selectmen and Committees of Correspondence, &c., have power councif,*^ 
to draft men for the Continental Army when the Officers are ^^^"'" ^"^' 
absent from their Town doing duty in this State or any one of the Archives, 

TT • . 1 oj. J. ccxvii., 330. 

United States. 

Resolved that the Selectmen and Committees of Correspondence, 
&c., of any Town in this State where the officers of the Militia 
are absent doing duty in this State or any one of the United States 
or where no officers are appointed, be and they hereby are im- 
powered and directed to proceed immediately to compleating the 
number of men yet wanting for the Continental Army, or in any 
other case where the militia is called upon to do duty as Guards 
in this or any of the United States, by drafting or otherwise as 
the Resolutions of the General Court direct. [Passed March 10. 



CHAPTER 867. 

RESOLVE IMPOWERING THE COMMITTEE OF CORRESPONDENCE OF 
GORHAM TO MAKE TERMS WITH PERSONS CHARGED WITH RE- 
MOVAL OF ABSENTEES EFFECTS. 

Whereas by a Resolve of this Court of the 20*'' of June last. Legislative 
the Committee of Correspondence, &c., of the Town of Gorham Records of the 
in the County of Cumberland, were directed to cause a number of xxxviii.,'375. 
persons to be apprehended & brought to justice for entering into Ar^cWves, 
the Dwelling House of one of the s'^ Committee, & carrying from ccxvii., 332, 

thence a quantity of Goods which were orderd by this Court to — '■ 

remain in the hands of said Committee, and in consequence of 
said Resolve a prosecution is now pending in the Court of General 
Sessions for said County. And whereas it has been represented 
to this Court, that the persons prosecuted are desirous of settling 
the matter with said Committee. 

Resolved therefore that the said Committee, or the major part 
of them, with the consent of the agent or agents of the Estate or 
Estates of the Absentees to whom the said goods originally be- 
longed (where any agents have been appointed and reside within 
the County of Cumberland), be and hereby are authorized and 
impowered to make such terms with the said persons, with respect 



324 



Resolves, etc. — 1777-78. [Chaps. 868, 869.] 



to the said prosecution as they shall judge equitable; and upon 
such settlements being made & certified to the said Court of Gen- 
eral Sessions of the Peace under the said Committee's hand, the 
said Court be and hereby are impowred to cause the said prosecu- 
tion to surcease and be discontinued; and the said Committee in 
case such composition shall be made, are directed to pay & deliver 
over whatever they may receive on such composition, to the 
agent where there is any appointed and where there are none to 
the Treasurer of this State. [Passed March 10. 



Legislative 
Records of the 
Council, 
xxxviii., 378. 
Mass. 
Archives, 
ccxvii., 331. 



CHAPTER 868. 

RESOLVE DIRECTING JOHN GODDARD, CONDUCTOR OF STORES, TO 
TRANSPORT SUPPLIES TO PENNSYLVANIA. 

Whereas Alexander Sheppard, late Conductor of Stores for this 
State, has been dismiss'd from that service and M"" John Goddard 
has been appointed to act in that department, and whereas an 
order passed the Court the 19*^ Feb^ last, directing the said Alex"^ 
Sheppard to remove a quantity of Stores from Kenderhook to 
Penselvania, it is therefore 

Resolved that the said John Goddard be & he hereby is ordered 
& directed to carry into execution the said order of the 19*'' of 
Feby last. [Passed March 10. 



Legislative 
Records of the 
Council, 
xx-wiii., 376. 
Mass. 
Archives, 
ccxvii., 335, 
336a. 

Mass. 
Archives, 
ccxvii,, 334. 



CHAPTER 869. 

INSTRUCTIONS TO THE DELEGATES IN CONGRESS RESPECTING THE 
ARTICLES OF CONFEDERATION. 

The Committee of both Houses appointed to prepare Instruc- 
tions to the Delegates of this State in Congress upon the Articles 
of Confederation, Beg leave to Report the following Instructions 
on the Subject matter thereof. 

Benjamin Austin |? order. 
Gentlemen, 

The General Court of the State of Massachusetts Bay having 
attentively Considered the Articles of Confederation and per- 
petual Union between the United States of America, recom- 
mended to our attention by the Honorable Congress, do approve 
of them in general as well calculated to secure the Freedom, 
Sovereignty and Independence of the United States; perhaps no 
plan could have been proposed better adapted to the circum- 
stances of all: We therefore the Council and House of Representa- 
tives of this State, in General Court assembled, do in the name 
and behalf of the good people of this State, Instruct you their 
Delegates to subscribe said Articles of Confederation and Per- 
petual Union, as they were recommended by Congress, unless the 
following alterations, or such as may be proposed by the other 
States, can be received and adopted without endangering the 
Union proposed. 

The first thing we desire your attention to, before you ratify 
and confirm these Articles, is the mode of supplying the Con- 
tinental Treasury with money to defray the Public Expences 
pointed out in the eighth Article; in short we conceive the Ques- 
tions upon this Article to be so difficult of solution without some 
experience of the effect any method proposed may be attended 
with, that we apprehend provision ought to be made for varying 



[5th Sess.] Resolves, etc. — 1777-78. 325 

the mode from time to time untill experience has discovered which 
will be the most equitable plan, which when discovered & laid 
before the several States will doubtless be confirmed. 

The provision made in the sixth paragraph of the ninth Article, 
which makes the assent of nine States necessary to exercise the 
powers with which Congress are vested, does not give all that 
security to the States in these important matters which we think 
necessary, and which perhaps was intended by Congress: as the 
paragraph now stands, it will put it in the power of the five 
smallest States to give a Negative on the most important and 
necessary business, and as it is probable that a very small majority 
of the people of the United States will be contained in the nine 
smallest States, nay perhaps less than half, it certainly ought not 
to be in their power to give law in the important matters men- 
tioned in this paragraph; we apprehend it would be better to sub- 
stitute in the room of nine States, these words — ten States, or 
at least the Delegates for two thirds of the People of the United States 
of Ainerica represented in Congress. 

The paragraph which determines the principle on which each 
State is to furnish its quota of the Army demands your special 
attention, because it appears to be unequal and consequently 
injurious; if the numbers to be furnished by each State to the 
Army are to be rated in proportion to the number of Whites, it 
will be unequal, because those numbers are so, and will be in- 
jurious by operating as a Tax by the bounties necessary to be 
given, and by an unequal drain of the inhabitants, and conse- 
quently a diminution of the many advantages derived from their 
industry and labour; while other States who have a less number of 
Whites, tho' perhaps an equal, if not greater number of inhabit- 
ants are free from the burthen of the first and the disadvantages 
arising from the last. 

If any improper term or words are now in any Article, or if any 
sentiment may in your opinion be better expressed, you will pro- 
pose and agree to have proper alterations made. 

You will Consider yourselves also at Liberty to Consent to 
Amendments proposed by other States or their members, provided 
that such Amendments are not materially repugnant to the Arti- 
cles of Confederation, or the Spirit of these Instructions. 
In the House of Representatives 

Read & accepted. 
In Council 

Read & Concurred. [Passed March 11} 



CHAPTER 870. 

RESOLVE DETACHING MEN FOR THE DEFENCE OF BOSTON AND TO 
SERVE AS GUARDS AT CAMBRIDGE. 

Whekeas Major General Heath hath represented to this Court Legislative 
that Five hundred men in addition to those now doing duty in & c^ncif, °^ * ^ 
near the Town of Boston, should be raised for the defence thereof ^^g^'"- ^^^■ 
and as Guards to the several Stores in & near said Town: Archives, 

Resolved that the Council of this State be desired to issue orders 340^."' ^^^" 
to the Brigadier of the County of Plimouth, directing him to '^[^_ 
detach from the Brigade under his command Two hundred and ^''''^.'.'^®|v 
four men, including non Commissioned Officers & privates, which 286, 314, 341, 
men he is directed to form into three Companies & appoint one *°^- 
Captain & three Subalterns to each Company, the Companies 

* This date is March 10 according to Legislative Records of the CounciL 



326 Resolves, etc. — 1777-78. [Chap. 870.] 

to consist of Sixty eight men each as near as may be, & forthwith 
cause the said Companies to march to Gen^ Heath's Head Quar- 
ters at Boston under the Command of one Lieutenant Colonel de- 
tached from the said Brigade for that purpose: Also to order the 
Brigadier for the County of Worcester to detach from his Brigade 
three hundred & twenty non Commissioned officers & privates & 
form them into Companies as near as may be of sixty eight men 
each, with one Captain & three Subalterns to each Company, & 
cause them immediately to march to Gen^ Heath's Head Quarters 
in Boston under the Command of one Colonel and one Major 
detached from said Brigade for that purpose, to be formed into 
one Regiment with those detached from the Brigade in the County 
of Plymouth. 

And whereas the time for which the Guards now doing duty at 
Cambridge will expire on the 2^ day of April next, therefore it is 
further 

Resolved that the Council of this State be & hereby are re- 
quested to issue orders to the Brigadier of the County of Suffolk, 
to detach from his Brigade one hundred & fifty six non Com- 
missioned officers & privates & form them into Companies as near 
as may be of sixty eight men each, & appoint one Captain & 
three Svibalterns to each Company, under the Command of One 
Lieutenant Colonel for that purpose detached from said Brigade, 
& to march them to Cambridge to relieve the Guards thereon the 
2^ day of april next; & to the Brigadier of the County of Essex 
directing him to detach from his Brigade three hundred & twenty 
men, formed & marched as aforesaid, under the Command of One 
Colonel & one Major; & to the Brigadier of the County of Middle- 
sex to detach from his Brigade three hundred & ten men, formed & 
marched as aforesaid, under the Command of one Colonel & one 
Major; & to the Brigadier of the County of Barnstable direct- 
ing him to detach from the Brigade in that County one hundred 
& thirty two non Commissioned Officers & privates, formed & 
marched as aforesaid, under the Command of one Major; & to 
the Brigadier of the County of York directing him to detach from 
his Brigade one hundred & forty six men, to be formed & marched 
as aforesaid, under the Command of one Lieutenant Colonel; the 
said officers & Soldiers to have the same Pay & Subsistence that 
the Officers & Soldiers now doing duty at Cambridge have & shall 
continue in the said service till the 2^ day of July next, unless 
sooner discharged, and it is further 

Resolved that if any non Commissioned officer or private soldier 
drafted as afores'*, shall neglect or refuse to march in consequence 
thereof or hire a man in his room, or shall not within Twenty 
four hours after he is so drafted pay a fine of Ten pounds, shall be 
considered & treated as a Soldier in that detachment, & the Cap- 
tain or Commanding officer of the Company shall cause others to 
be drafted in the stead of those who pay their fines, or other 
men to be hired with said fines; & all monies ariseing by fines not 
expended in hireing men for this detachment, shall be in future 
improved for that purpose to the advantage of each company re- 
spectively where they arise. 

Resolved That in case the Troops of the Convention should be 
removed into the internal parts of the State, then the one hundred 
& thirty two men to be detached from the County of Barnstable 
shall be relieved by an equal number of men to be detached from 
the County of Hampshire; and that all the said Brigadiers, in 
their said detachments, pay due regard to the former services of the 
several regiments in their respective Brigades. [Passed March 11} 

' This date is March 10 according to Legislative Records of the Council. 



[oTii Sess.] Resolves, etc. — 1777-78. 327 



CHAPTER 871. 

RESOLVE IMPOWERING HANNAH BADCOCK, ADMINISTRATRIX, TO 
SELL REAL ESTATE. 

On the Petition of Hannah Badcock, widow and admin- Legislative 
istratrix, on the Estate of her late Husband William Badcock of cmnicif,"^* "^ 
Milton Deceased, praying to sell the Real Estate mentioned in |^^'" • ^^• 
said petition for the reasons therein sett forth. Archives, 

Resolved that the prayer of said Petition be granted and that the ^^^'^"■' ^^■ 



said Hannah Badcock, in her said capacity, be and hereby is im- Archives, 
powred to make sale of the Real Estate mentioned in said petition ccxvii., 343, 
for the most the same will fetch, and to make and Execute a good 
Deed or Deeds in Law to the Purchaser or Purchasers, she observ- 
ing the rules in the law for the sale of Real Estates by Executors 
and Administrators and giving Bond to the Judge of Probate for 
the County of Suffolk that the Proceeds of said sale be disposed of 
according to Law. [Passed March 11. 



CHAPTER 872. 

RESOLVE ESTABLISHING PAY AND RATIONS OF DETACHMENTS OF 

LIGHT HORSE. 

Whereas it is represented to this Court that there is no Es- Legislative 
tablishment for any Detachm[ent] of Light Horse that has ben c^ndf. °^ *^^ 
detached or recommen[ded] to march to reinforce the Continentall ^''^'"- ^si- 
Army, therefore Archives, 

Resolved that on any detachment or recommendation of the ccxvu., 345. 

General Court of this State, that any Troop or Light horse that 
have marcht in consequence of such detachment or recommenda- 
tion have the same pay and rations that the Light Horse have 
in the Continental Army, and the Committee on Muster Rolls be 
and hereby are ordered to make up their rolls accordingly. [Passed 
March 11. 



CHAPTER 873. 

RESOLVE APPOINTING A COMMITTEE TO EXAMINE AND REPORT 
ON APPROPRIATIONS, ACCOUNTS, PUBLIC STORES, ETC. 

Resolved that a Committee of three persons be appointed im- Legislative 
mediately to examine the Journals of the Provincial Congress, of coundf °^ ^'^'^ 
the House of Representatives & of the hon^'® Council; to state xxxviii.,'382. 
accounts & make proper charges of all monies ordered to be paid Archives, 
out of the public Treasury & of all articles ordered to be delivered ccxvii., 346. 
from the Public Stores, or otherwise received, to such person or 
persons in whose favor s** orders were given or who received the 
same, & that s'^ Committee provide such books & assistance as they 
judge necessary & report as soon as may be. [Passed March 11. 



328 



Resolves, etc. — 1777-78. [Chaps. 874-876.] 



CHAPTER 874. 



Legislative 
Records of the 
Council, 
xxxviii., 384. 

Mass. 
Archives, 
ccxvii., 347. 



RESOLVE IMPOWERING THE PRESIDENT OF THE COUNCIL TO SIGN 
THE INSTRUCTIONS TO THE DELEGATES IN CONGRESS. 

Resolved that the President of the Hon^'" Council be & he is 
hereby impowered, in the name & behalf of this Court, to sign the 
Instructions which this Court have voted to be given the Dele- 
gates of this State respecting the Articles of Confederation be- 
tween the United States; and that the Secretary be & he is hereby 
directed to furnish each of the Delegates appointed to Represent 
this State in Congress, as soon as may be, with an attested copy 
of said Instructions. [Passed March 11. 



CHAPTER 875 



Legislative 
Records of the 
Council, 
xxxviii., 370. 
Mass. 
Archives, 
ccxvii., 351, 
351a. 

Mass. 
Archives, 
ccxvii., 352. 



RESOLVE IMPOWERING DR. JOSEPH GARDNER TO IMPROVE THE 
HOSPITAL AT WEST BOSTON. 

The Committee of both Houses appointed upon the Letter of 
Col° Thomas Crafts having considered the same, ask leave to 
report the following Resolve which is submitted. 

Moses Gill ^"^ Order 

Resolved that Doctor Joseph Gardner be & hereby is impowered 
to improve the Hospital at West Boston for the sole purpose of 
Inoculating such of the soldiers in Col" Thomas Crafts Regiment 
as may be willing to receive the Small Pox, under the direction of 
the Selectmen of the Town of Boston, who are hereby directed to 
put said Hospital under such regulation as has by them been here- 
tofore established, and to continue their vigilence to prevent the 
spreading of said Distemper, and Col° Thomas Crafts is hereby 
directed to afford s'^ Selectmen such Guards and other assistance 
in his power as said Selectmen shall require. 
In the House of Representatives 

Read and accepted 
In Council 

Read & Concurred. [Passed March 12} 



Legislative 
Records of the 
Council, 
xxxviii., 386. 
Mass. 
Archives, 
ccxvii., 349, 
.S50. 



CHAPTER 876. 

RESOLVE DIRECTING THE TREASURER TO RECEIVE FROM COM- 
MITTEES OF CORRESPONDENCE, ETC., BILLS OF CREDIT ACCEPTED 
FOR RENT OF ABSENTEES' ESTATES. 

Whereas the several Committees of Correspondence, Inspec- 
tion & Safety within this State were directed by a Resolve of this 
Court, passed the thirteenth of February last, to pay forthwith 
into the Public Treasury all Money remaining in their hands aris- 
ing from the Rents of Absentees Estates, and whereas part of the 
Money for such Rents may have been received by said Commit- 
tees in the Bills of Credit of this State or other of the American 
States, before the currency of such Bills was by Law prohibited, 
therefore 

Resolved that the Treasurer of this State be & he is hereby 
directed to receive of said Committees all such Bills of Credit 

' This date is March 9 according to Legislative Records of the Council. 



[5th Sess.] Resolves, etc. — 1777-78. 329 

taken by them as aforesaid, Provided the person offering the 
same shall produce a certificate of an oath having been taken 
before some Justice of the Peace by one of the Committee who 
may send such Bills, that according to the best of his knowledge 
the same, if of the Bills of this State, were received by said Com- 
mittee before the first day of December one thousand seven hun- 
dred & seventy seven; and if of the Bills of any other State, that 
they were received before the first day of July in said Year for 
Rent as aforesaid ; and that the Justice express in each certificate 
the sum of each particular currency for which the certificate is 
given. Two Receipts to be given by the Treasurer for each sum 
of money so paid expressing therein the currency or currencies of 
which such money consists, one of said Receipts to be lodged in 
the Secretary's Office. [Passed March 12. 



CHAPTER 877. 

RESOLVE ON THE PETITION OF SAMUEL WILLIAMS. 

On the Petition of Samuel Williams, agent for the owners and Legislative 
crew of the Private armed schooner Dolphin, praying for a new Coimcif,° 
trial upon the Justice of the Capture of y^ Schooner named the ^If^"' ' ^^'^ 
Policy, comanded by John Collens, and clamed by Mr Elias Archives. 
Hasket Darby & the aforesaid John Collens 



Resolved that the prayer of said petition be so far granted as Archives, 
that the aforesaid Samuel Williams serve the adverse party or their <=cxvii., 46o 
attorneys with a coppy of the aforesaid petition and this order of 
Court, that they may shew cause, if any they have, on the first 
Tuesday of the next sitting of the General Court, why the prayer 
of said Petition should not be granted and that the aforesaid 
Vessel and Cargo be retained in the hands of the agent untill the 
further order of this Court. [Passed March 12. 



CHAPTER 878. 

RESOLVE FOR RAISING MEN FOR SEA COAST DEFENCE. 

Whereas the time for which the Guards stationed at the Legislative 
several places on the Sea Coast in this State expires the last day coundf°^*'*^ 

of April next, xxxviii.,'387. 

Therefore Sves. 

Resolved that there be raised in the Province of Maine and sta- ccxvu., 354. 
tioned at Falmouth and Cape Elizebeth Eighty men including 
officers, Viz., one Captain, two Lieutenants, two Seirgents, two 
Corporals, four Guners and Sixty nine Matrosses. 

And it is further 

Resolved that there be raised in the County of Essex and sta- 
tioned at the fort on Plumb Island, one second Lieutenant, one 
Seirgent and thirteen Matrosses; and that there be raised and 
stationed at Gloucester, one Captain, one Lieutenant, one Sar- 
gant, one Corporal, four Gunners and fifty three Matrosses; at 
Beverly one first Lieutenant, one Sargent, one Gunner and twelve 
Matrosses; at Salem one Lieutenant, one Sargant, one Gunner 
and Seventeen Matrosses; at Marblehead one Lieutenant, one 
Sargant, one Gunner and twenty two Matrosses. 

Also 

Resolved that there be raised in the County of Bristol and 



330 



Resolves, etc. — 1777-78. 



[Chap. 879. 



stationed at Dartmouth one Captain, one Lieutenant, one Sar- 
gant, one Corporal, two Gunners and thirty nine Matrosses. 

And that there be raised and Stationed at the Gurnett in the 
County of Plymouth one Captain, one Lieutenant, two Sargants, 
one Corporal, two Gunners & forty four Matrosses; and that 
there be raised & stationed at the fort at Elizabeth Islands one 
Lieutenant two Sargants, two Corporals, one Gunner twenty nine 
Matrosses 

And it is further 

Resolved that there be allowed and paid to Each of the Officers 
and Private Soldiers aforesaid for Wages for every Callender 
month during their continuance in said servis, the following sums 
respectivly, Viz. 



To Each Captain ..... 


£10. 




To Each Lieu' 


6. 


10 


To Each Sarg' 


3. 


8 


To Each Corporal ..... 


3. 


4 


To Each Gunner ..... 


3. 


8 


To Each Matross ..... 


3. 





And it is further 

Resolved that the Wages of the men who shall be raised and 
stationed in the several Sea Ports agreeable to this Resolve shall 
commence Two days before their marching from their respective 
homes for the post to which they shall be stationed, and shall 
continue in said servis untill the first day of January Next unless 
sooner discharged. 

And it is further 

Resolved that the Council be and hereby are desired to appoint 
suitable persons to provide for and supply the aforesaid Men at 
their several Stations with such provisions as are allowed the men 
stationed at Machias. 

And it is further 

Resolved that the Colonel or Commanding officers of the Regi- 
ments of Militia in which any party of the aforesaid Men shall be 
stationed agreeable to this Resolve, are hereby impowered and 
directed to muster the men to be stationed within their Regiments 
respectively, and to approve of none but such as are of able body 
and who are provided with a good Effective Fire Arm, Bayonet, 
Cartridge Box & Canteen or wooden Bottle; and that they give 
general directions to the Officer who immediately commands such 
party and see that the men are kept to their duty, and make 
Quarterly Returns to the Council of their State and Number. 

And it is further 

Resolved that the Council be impowered & requested to appoint 
all the officers mentioned in these Resolves, [Passed March 12. 



CHAPTER 879 



RESOLVE PERMITTING THE SELECTMEN OF DARTMOUTH TO RE- 
NUMBER THE INHABITANTS. 



I>ogisIative 
Uecorck of the 
Council, 
xxxviii., 389. 
Mass. 
.\rchives, 
ccxvii., 357. 

Mass. 
Archives, 
ccxvii., 358. 



Resolved that the Selectmen & Committee of the Town of Dart- 
mouth be admitted to number the Inhabitants of s'^ Town again 
(there being a mistake in the number return'd), & make returns 
into the Secretarys office as soon as may be of all the Male In- 
habitants of 16 Years old & upwards, agreeable to a Resolve of 
this Court pass'd in the Year 1776, and that the s'^ Town in the 
meantime proceed to compleat their proportion of Continental 
Soldiers. [Passed March 12. 



[5th SEttri.j Resolves, etc. — 1777-78. "" 331 

CHAPTER 880. 

RESOLVE ON THE PETITION OF RACHEL DUNN. 

On the Petition of Rachel Dunn of Oakham in the County of R^^^'figofthe 
Worcester, shewing that her late husband George Dunn, a Soldier Councif, 
in Capt Benjamin Gates's Company in Col. Jonathan Holman's Mass'"' 
RigS was taken Prisoner at White Plains October 28, 1776, & died Archives, 

cixxxiii 4—1 

at New York January 3*^, 1777, & praying an allowance for his ~ — '-'—^ — 

wages & Cloathing &C lost. Archives, 

Resolved that the Prayer of the Petition be granted & that there *=''"'^"- ""''• 
be paid out of the Treasury of this State to the said Rachel Dunn 
or order, Seven Pounds Six Shillings for said Cloathing and other 
effects lost as aforesaid & Four Pounds ten Shillings in full for his 
wages from the 28*'^ of October to the third of January before 
mentioned. [Passed March 12. 



CHAPTER 881. 

RESOLVE PROVIDING THAT MEN BE DETACHED FROM COL" CRAFTS' 
REGIMENT TO WORK IN THE LABORATORY. 

Whereas it appears to this Court that the men in Col° Crafts Legislative 
Rigem' of artillery have been ordered on such duty as has of late coundf °^ *''*' 
prevented the work going on in the Labretory, and whereas it is xxxviii., 390. 
of the utmost Importance that a suficent number of Cartridges &c Archives, 
should be ready in case of alarm: It is therefore ccxvn.. 360. 

Resolved that the Council be & hereby are requested to order 
such & so many Men belonging to Col° Crafts Rigem* afores'^ as 
they may Judge necessary to cary on the works in said Labretory. 

And whereas it is represented to this Court that a large number 
of Cartridges & Camp Kittles, which ware ordered by this State 
for the late Secret Expedition to Rhode Island, have bin lodged 
in Freetown or other places where they are not now wanted: it 
is therefore 

Resolved that the Board of War be & they are hereby ordered & 
directed to send for all such Stores & deposit them in such place or 
places as they shall judge best. [Passed March 12. 



CHAPTER 882. 

RESOLVE ON THE PETITION OF MOSES GILL, ESQ«. Legislative 

Records of the 
Council, 

Resolved that the Committee of Sequestration be & hereby are ^^"^ ^^'^• 
directed to deliver to the hon^^*' Moses Gill Esq'", two Pictures, Archives, 
one of M" Gill and the other of Nicholas Boylston Esq^ which «'''^^'- ^sea. 
belonged to Joseph Green Esq"", taking his receipt therefor, ^^chive^ 
[Passed March 12. ccxvii., 356. 



332 



Resolves, etc. — 1777-78. [Chaps. 883-885.] 



CHAPTER 883 



Legislative 
Records of the 
Council, 
xxxviii., 391. 
Mass. 
Archives, 
ccxvii., 361. 



RESOLVE ON THE PETITION OF DR. JOHN WARREN. 

Upon the Petition of John Warren praying for leave to in- 
noculate for the Small Pox at Sewell's Point. 

Resolved that leave be & hereby is given to the s*^ D'' Warren 
to innoculate at Sewells Point such Persons as apply & can be 
accomodated taking due care by posting Guards & cleansing 
his Patients to prevent the Infection from spreading. [Passed 
March 12. 



CHAPTER 884. 



RESOL\^ ALLOWING A BOUNTY TO THE GUARDS IN AND ABOUT 

BOSTON. 



I.,egislative 
Records of the 
Council, 
xxxviii., 391. 
Mass. 
Archives, 
ccxvii., 362. 



Whereas the Militia doing duty in and about Boston were not 
encluded in the Resolve of December 5*, 1777, for granting a 
bounty of Twenty Shillings pr month with those stationed at 
Winter & Prospect Hills, therefore 

Resolved that the non Commissiond officers & Privats detach* 
from the Militia and have ben doing duty under General Heath 
as Guards in and about Boston, since the first of Dec'' last, be 
allowed & paid the sum of Twenty Shillings p"" month as a bounty, 
from the time of their entring upon said service, to the time of 
their discharge. [Passed March 12. 



CHAPTER 885. 



Tjegislative 
Records of the 
Council, 
xxxviii., 382. 
Mass. 
Archives, 
ccxvii., 393- 
397a. 

Mass. 
Archives, 
ccxvii., 398- 
401|. 



RESOLVE DIRECTING THE BOARD OF WAR TO FURNISH SUPPLIES 
TO STEPHEN SMITH, TRUCK MASTER, AND FOR RAISING MEN 
FOR THE DEFENCE OF MACHIAS. 

Resolved that the Board of War be and hereby are directed to 
supply Stephen Smith, Truck Master at Machias, with all such 
Articles agreable to the Estimate accompanying this resolve for 
the Truck House under his Care, for supplying the several Tribes 
of Indians in that Department; and also to supply from time to 
time, as they shall think proper, said Stephen Smith, Commissary 
at Machias, with such Provisions and Ammunition as may be 
necessary for subsisting and supplying such men as may be raised 
by this Resolve for the defence of Machias; and to repay those 
Provisions that have been already borrowed by Col° Allan for the 
said service, and also supply said Smith with 400'^ Powder and 
500^^ Ball to furnish the Militia that may at any time be called 
out for the defence of that part of the State, said Smith to be 
accountable. 

Resolved that the Council be & hereby are requested to appoint 
a suitable person with the rank of Major, who shall be and hereby 
is impowered and directed to inlist a number of Men not exceed- 
ing one hundred for the defence of Machias, not more than one 
half of whom to be inhabitants thereof and the parts adjacent, 
and the Officers and Men to be under the command of Col° John 
Allan; to form them into one Company with one Captain, two 
Lieutenants, one Ensign, four Sergeants, four Corporals, One 
Drum and One fife, and to continue in service till the first day of 



[5th Sess.] Resolves, etc. — 1777-78. 333 

December next unless sooner discharged, and said Major is hereby 
impowered to appoint all the officers of said Company and the 
Council is hereby requested to furnish said Major with blank 
Commissions for that purpose, and to encourage said officers and 
soldiers to engage and continue in said service, it is further 

Resolved that each Officer and Soldier who shall engage as afore- 
said shall be intitled to, and receive the same Rations and pay as 
the Officers and Soldiers in the Continental Army, and each non 
Commissioned Officer and Soldier who shall inlist as aforesaid, 
shall upon passing Muster receive a Bounty of Six pounds to be 
paid him by the Muster Master, and upon his providing him- 
self with a good effective fire Arm, and Bayonet, Cartridge Box, 
Knapsack, Blanket, and Canteen or Wooden Bottle, shall, in ad- 
dition to the above incouragement receive Twenty shillings ^ 
month for each Callander month he shall continue in service. 

And it is further 

Resolved that the Council be requested to appoint Muster Mas- 
ters to muster the said Company, and to furnish said Muster 
Masters from the Public Treasury with a sum of Money sufficient 
to pay the above Bounty. 

And it is further 

Resolved that Col° John Allan be impowered and directed to 
engage in service as many Indians as he shall think proper, not 
exceeding one hundred, and upon such an Establishment as he 
thinks their service shall merit, and make return to this Court that 
such order may be taken thereon as this Court shall think neces- 
sary. 

Resolved that the Board of War be and are hereby directed 
to furnish Stephen Smith, Commissary at Machias, with Stores 
nessarary for one hundred Indian Troops and likewise sundery 
military Stores agreeable to a list accompanying this Resolve. 

It is further 

Resolved that the Secretary furnish Coll Allen with a sett of the 
Acts & Resolves of this Court. [Passed March 13} 



CHAPTER 886. 

RESOLVE FOR RAISING MEN TO DO DUTY IN AND ABOUT BOSTON. 

Resolved that the Council be & they hereby are desired immedi- 
atly to issue their orders to the several Brigadiers in the Countys ^ . , . 
of Suffolk, Essex, Middlesex and Worcester, for the Militia of s*^ Records of the 
Counties to hold themselves in rediness to march on the shortest ^°v'iiT''385 
notice compleatly armed & equipped. Mass. 

4 , • . . , i i 1 Archives, 

And it is also ccxvii., 402. 



Resolved that the Council be & hereby are requested immedi- Mass. 
atly to order a detachment to be made from the Towns in the ^x''*^-^*^403_ 
vicinity of Boston of five hundred men, to be put under the com- 408. 
mand of General Heath, to do duty where he shall judge best for 
the security of the town of Boston & the Forts in the neighbour- 
hood thereof, & to serve so long as the Council shall think the 
safety of the State & that town in particular shall require, not 
exceeding one month after their arrival in camp, said detachment 
to be furnished with arms & accoutrements & to have the same 
allowance for their services as the men now doing duty at Cam- 
bridge. And it is further 

Resolved That the Council be & hereby are desired in con- 

' This date is March 11 according to Legislative Records of the Council. 



334 



Resolves, etc. — 1777-78. [Cil\ps. 887-889.] 



formity to a Resolve of Congress for separating & removing the 
Troops of the Convention now stationed at Cambridge & else- 
where, imediatly to remove such part of said Troops with their 
Officers into such Towns in the interiour parts of this State as 
they may think necessary. And whereas there is great reason to 
suspect that some considerable part of the troops of the Conven- 
tion have by some means supplied themselves with fire arms, it is 
therefore necessary enquiry be made thereinto; it is therefore 
desired the Council signify to General Heath the necesaty of that 
matters being immediatly examined, and such measures pursued 
by him as may secure the safety of this State in that respect. 
[Passed March 13.^ 



CHAPTER 887 



Legislative RESOLVE ADDING DAVID JEFFRIES AND JOHN SCOLLAY, ESQ=^ TO 

C^ncif, THE COMMITTEE FOR COUNTERSIGNING NOTES. 

xxxviii., 393. 

Mass. 

Archives, 

ccxvii., 363. 



Resolved that David Jefferies & John Scollay Esq", be added to 
the Committee for Counter Signing the notes lately ordered for the 
supply of the Board of War, said notes to be signed by any three 
of said Committee. [Passed March 13. 



CHAPTER 888. 

APPOINTMENT OF FIELD OFFICERS FOR THE 2""^ ESSEX COUNTY 

REGIMENT. 



Legislative 
Records of the 
Council, 
xxxviii., 393. 
Mass. 
Archives, 
ccxvii., 364. 



In the House of Representatives 
The House made choice by ballot of the following Gentlemen as 
Field Officers for the second Regiment of Militia in the County of 
Essex, viz. 



Henry Morrill 
Ralph Cross Jun 
Joseph Huse 



In Council 
Read & Concurred. 



Colonel 
Lieut. Colonel 
2nd Major 



[Passed March 13. 



CHAPTER 889. 



RESOLVE ON THE PETITION OF JAMES NOBLE SHANNON AND JONAS 

FARNS WORTH. 



Legislative 
Records of the 
Council, 
xxxviii., 394. 
Mass. 
Archives, 
ccxvii., 365. 

Mass. 
Archives, 
ccxvii., 366, 
369. 



Ox THE Petition of James Noble Shannon and Jonas Farns- 
worth, praying for liberty to enter and prosecute an appeal from 
two judgments in the Maritime Court for the Eastern District, 
given in favor of Ichabod Jones and Daniel Holt, the Claimants to 
the two Sloops mentioned in said Petition. 

Resolved that the prayer of said Petition be granted, and that 
the said James Noble Shannon and the said Jonas Farnsworth 
be and they hereby are impowered to enter and prosecute their 
appeals from the said Maritime Court respectively, at the next 
Superiour Court for the County of York, and the Judges of the 
said Superiour Court are authorised and directed to hear, adjudge, 

' This date is March 11, according to liCgislative Records of the Council. 



[5th Sess.] Resolves, etc. — 1777-78. 335 

and determine upon said appeals respectively, in the same manner, 
and by the same rules they now are by a Law of this State im- 
powered to do in maritime causes, provided the said Shannon and 
Farnsworth serve the said Ichabod Jones and Daniel Holt with 
an attested copy of said Petition and this Order thereon twenty 
days at least, before the sitting of said Superiour Court. [Passed 
March 13. 



CHAPTER 890. 

RESOLVE DIRECTING GEN. HEATH TO REMOVE GUARDS THAT HAVE 
NOT HAD SMALLPOX TO DORCHESTER. 

Whereas by a Return from General Heath, there are now upon Legislative 
gaurd in the Town of Boston 142 Officers and privates, that have councff °^ ^^^ 
not had the Small pox. Therefore xxxviii.,'304. 

Resolved that General Heath be desired immediately to remove An;hives. 
to Dorchester so many of the Gaurds, now stationed in the Town ccxvn.. 371. 
of Boston, who have not had the Small pox for such as have had ^^?: 
that distemper, who are now on guard in and about the Town of ccxvii., 370. 
Dorchester, and if the number att that post, that have had the 
Small pox, are not sufficient to ffil up the gaurds in Boston. It is 
further 

Resolved that Col° Hatch be and he is hereby directed to detach 
from his Regement so many Officers and Soldiers as may be nec- 
cessary to supply such deficiency, to be under the Command of 
General Heath, to continue on gaurd untill the detachments 
lately made to reinforce the gaurds in the Town of Boston shall 
arrive att Head Quarters. {Passed March 13. 



CHAPTER 891. 

RESOLVE VESTING THE COUNCIL WITH CERTAIN POWERS DURING 
THE RECESS OF THE GENERAL COURT. 

Whereas it may be of public utility that until the next sitting Legislative 
of the General Court certain powers should be vested in the Records of the 
Council other than those with which they are ordinarily cloathed, xxxviii..'3f>6. 
therefore _ _ ^.'Jf^i^eg, 

Resolved that the Honorable Council until the next sitting of the 07!^" • ^''^• 

General Court, be and hereby are fully Authorized and impowered — '■ 

to Nominate and appoint, as occasion may require, such Com- 
missioned Officers in any of the Land forces. Armed Vessels or 
Vessels of War, in the service and pay of this State and also in the 
Militia, whose places by death or otherwise are vacant, as to them 
shall appear necessary and put them under the command of such 
Officer or Officers as they shall judge proper. 

And it is 

Resolved that the Council be and hereby are also impowered and 
Authorized to treat with any Indians that may arrive in this State 
and make such provision for them as they may judge proper. 

And it is 

Resolved that the Major part of the Council shall have full 
power and Authority to examine, allow and pass upon the pay 
Rolls of the Sea Coast Men and their Commissary's Accounts, 
and also of the pay Rolls of the Militia who have been in Service, 
any Act or Resolve to the contrary notwithstanding. 

Also 



336 



Resolves, etc. — 1777-78. 



[Chaps. 892. 



Resolved that until the next sitting of the General Court, any 
Seven of the Council be and hereby are impowered to issue and 
sign any Warrants, and such Warrants and any other thing trans- 
acted by seven of said Council be and hereby is declared to all 
intents and purposes as valid as if the same had been signed or 
transacted by Fifteen of said Council. 

And it is further 

Resolved that in case advice should be received from General 
W'ashington during the recess of this Court, that it is necessary he 
should be furnished from this State with two or three Thousand 
Men as a reinforcement to his Army, that the Council be and 
hereby are impowered to draft such a number of Officers and Men 
from the Militia of this State, not exceeding Three Thousand men, 
as they shall judge the circumstances of this State will admit of, 
and for such a term of time, not exceeding four months from 
the time of their arrival at camp, as they shall think the Public 
Safety reciuires; and to offer them such encouragement as they 
shall think reasonable. And they are hereby further impowered to 
draw upon the Public Treasury for money sufficient for such pur- 
pose and the Treasurer is hereby directed and impowered to pay 
such Drafts. 

Also 

Resolved that the Hon''^® Council be and they hereby are im- 
powered to convene the Great and General Court or Assembly 
at any earlier day than that to which it shall next be adjourned 
or prorogued if they shall judge the Public Service requires it. 
[Passed March 13. 



CHAPTER 892 



Legislative 
Records of the 
Council, 
xxxviii., 398. 
Mass. 
Archives, 
ccxvii., 375, 
376. 



RESOLVES REQUIRING DEFICIENT TOWNS TO COMPLEAT THEIR 
QUOTA OF MEN FOR THE CONTINENTAL ARMY. 

Whereas it appears to this Court that several Towns in this 
State have not raised their full proportion of the Continental 
army, but are exerting themselves to compleat the same; & there- 
fore it is inexpedient at present to order a further Levy for that 
purpose. 

And it being necessary that frequent returns should be made to 
this Court of such deficiencys in any Town: 

Therefore 

Resolved That Samuel Niles, Increase Sumner, & William Henry 
Prentice Esci", be a Com**® to sit in the Recess of the Court, 
whose business it shall be, immediately to call on the Select men 
& Militia officers of the several deficient Towns in this State, for 
such returns, so that at the next meeting of the General Court, it 
may be certainly known what Town is then deficient & how much 
such deficiency is. And whereas it has been represented to this 
Court that the same persons, enlisted into the Continental Army, 
have been returned by more than one Town, and it is necessary 
that it should be determined to what Town such person or per- 
sons of right belong, therefore 

Resolved that the Committee aforesaid be and hereby are di- 
rected to make out an Alphabetical List of the Names of the men 
who have already enlisted with the Towns to which they belong 
and the Towns for which they enlisted; and said Committee are 
further directed to call upon the Select men & Militia Officers of 
the several Towns in this State for the proper evidence to justify 
their several returns, that the Towns which have made returns of 



[5th Sess.] Resolves, etc. — 1777-78. 337 

Men they had by law no right to return, may be called upon at the 
next session of this Court to compleat their Quota. And whereas 
by the Resolve of the 15*'' of Aug* last, the Select Men and 
Militia Officers were directed to cause the men by them enlisted 
or draughted to be muster'd by the County Mustermaster, which 
in many cases has been found inconvenient, therefore 

Resolved that either of the Select Men or Militia Officers in any 
Town where men shall be enlisted or draughted in consequence of 
the aforesaid Resolve, be and hereby are impow[ered] to muster 
such men and pay the Continental Bounty to such as are entitled 
to it and make out their Account to this Court for payment. And 
it is further 

Resolved that a return of the Men enlisted or draughted for the 
Continental Army shall as soon as possible be made to Major 
Gen^ Heath or his successor, whose direction is to be observed 
with respect to ordering and marching said Men. And the afore- 
said Committee are hereby required to prepair a List of the several 
Men who have enlisted into the Continental Army & have rec** 
Bounties from more than one Town in this State & have been re- 
turn*^ by more than one Town, and report the same at the Next 
sitting of the General Court. [Passed March 13. 



CHAPTER 893. 



RESOLVE ON THE PETITION OF RICHARD DERBY, JUN», & BENJA- 
MIN AUSTIN, ESQ«8 

On the Memorial of the Hon""'^ Richard Derby P, & Benj^ Legislative 
Austin Esq", late Agents for the Middle District, setting forth Councif, 
that in the course of their Agency they received £19.4.8*^, which Mas^g"''^^^" 
proved to be counterfeit, which sum they have paid into the Archives, 
Treasury in Continental Bills. — — - — '■ — 

Resolved that there be allowed and paid out of the public Treas- Archives, 
ury of this State, Nineteen pounds four Shillings & 8^^ to the '=''^^" • 379- 
Hon"^ Richard Derby Jun^ & Benj'^ Austin Esq■■^ in full for 
counterfeit money they rec'd as Agents for the Middle District. 
[Passed March 13. 



CHAPTER 894. 

RESOLVE REVIVING A RESOLVE ALLOWING ADDITIONAL BOUNTY 
TO MEN IN COL. CRAFTS' EEGIMENT. 

Resolved that the additional Bounty of fifteen pounds granted Legislative 
by a Resolve of this Court the 15*^ of Dec' last, to each non c^ncif,° 
commissioned officer & soldier who should inlist in the Regim* ^^s^g""' ^^"^ 
of artillery belonging to this State under the command of s*^ Col° Archives, 
Crafts, which Resolve expired the P* Ins*, be revived & continued ''°''^" ' 



in force untill the 8*^ day of May next. [Passed March 13. Shives, 

ccxvii., SSL 



338 



Resolves, etc. — 1777-78. [Chaps. 895-897.] 



Legislative 
Records of the 
Council, 
xxxviii., 400. 
Mass. 
Archives, 
ccxvii., 382, 
383. 

Mass. 
Archives, 
clxviii., 226. 
Love's Fast and 
Ttianksgiving 
Days of New 
England, p. 504. 



CHAPTER 895. 

RESOLVE REQUESTING THE COUNCIL TO ISSUE A PROCLAMATION 
FOR A FAST DAY. 

The Season of the Year approaching in which it has been 
usual to set apart a Day for public Fasting, Humiliation and 
Prayer in this State, therefore 

Resolved that the Hon'® Council be, and they hereby are desired 
to issue a Proclamation appointing some Day in April next for 
that purpose. [Passed March 13. 



CHAPTER 896 



Legislative 
Records of the 
Council, 
xxxviii., 400. 
Mass. 
Archives, 
ccxvii., 384. 



RESOLVE DIRECTING THE BOARD OF WAR TO SUPPLY CONTINENTAL 
OFFICERS WITH SHOES, ETC. 

Resolved that the Board of War be and they are hereby directed 
to supply each Captain, subaltern & Staff officer belonging to this 
State, now in the Continental Army for 3 y" or during the War, 
upon their application with two Shirts, one pair of Stockings & 
one pair of Shoes, of a quality suitable to their rank gratis; & 
whereas by a Resolve of this date, the supplying y*^ Soldiers with 
Shirt?, Shoes & Stockings gratis, is put into the hands of Agents in 
y® several Counties, the said Board are hereby directed not to 
deliver the abovesaid articles according to a Resolve of this Court 
of ye 4th of March Ins*, but to continue their purchases for the 
Army as ordered by s^ Resolve. [Passed March 13. 



CHAPTER 897. 



Legislative 
Records of the 
Council, 
xxxviii., 401. 
Mass. 
Archives, 
ccxvii., 385. 

Mass. 
Archives, 
ccxvii., 243. 



RESOLVE FOR SUPPLYING CONTINENTAL SOLDIERS "WITH SHOES, 

ETC. 

Whereas the Army are in present & pressing want of Shoes, 
Stockings & Shirts, which cannot be immediately supply'd from y® 
publick Stores; this Court now apply to the generosity & publick 
spirit of every friend to the Liberties of America for y® relief of 
those soldiers who are hazzarding their Lives for their Defence: 
accordingly it is 

Resolved that the good people in the several Towns in this State, 
be and they are hereby requested to collect by voluntary & gen- 
erous subscriptions within their respective Towns, a Number of 
Shirts & also a Number of pairs of Shoes & of Stockings, equal to 
one seventh part of their male Inhabitants as lately returned into 
y'' Secretarys office; & the Selectmen & Comm'^''^ of y*^ several 
Towns who have not already complyed with the spirit of this Re- 
solve are hereby requested without delay to make application to 
every person in their Towns, whom they suppose are able to con- 
tribute any of those articles & to appoint some person or persons 
to receive the same, & to deliver them at y^ place which shall be 
determind on by the Agent in their Counties respectively, who are 
hereinafter appointed to receive y® same; and in case y® Selectmen 
& Comm"^^ in any Town shall find that s'* articles cannot be 
procured by contribution or voluntary subscription, the Select 
men of such Towns are hereby authorized & directed immediately 



[5th Sess.] Resolves, etc. — 1777-78. 339 

to draw monies from their respective town treasuries or otherwise 
to hire monies, & purchase y"' whole of y" aboves'* articles of 
clothing & deliver them as afores^, taking receipts specifying 
every article. Also 

Resolved that M"" Abner Ellis of Dedham be an Agent for y® 
County Suffolk; James Barret Esq, of Concord for y*^ County 
of Middlesex; Coll. Israel Hutchinson of Danvers for the County 
of Essex; Capt David Kingman of Bridgwater for y'' County of 
Plymouth; Joseph Nye Esq'', of Harwich for y*^ County of Barn- 
stable; Thomas Durfee Esq'', for y'' County of Bristol; M"" John 
Wait of Brookfield for y'' County of Worcester; Joseph Simpson 
Esq, of York for y" County of York; Maj'' Daniel Ilsley of Fal- 
mouth for the County of Cumberland; James Athern Esq"", for y® 
County of Dukes County; M"" William Scott of Palmer for the 
County of Hampshire; Stephen Hussey Esq"", for the County of 
Nantucket; John Chadwick Esq''; of Tyringham for y" County of 
Berkshire; & Dummer Sewell Esq'', of Georgetown for the County 
of Lincoln; whose business it shall be & they are hereby respec- 
tively directed to receive s*^ Clothing of s*^ Selectmen & Comm'"^^ 
and to procure waggons or other carriages and transport the same 
to the Northern & Southern Departments of the Army and de- 
liver them to Hezek'' Smith & Levi Shephard Esq''^, Commis- 
saries of this State, taking receipts specifying every article as 
afores*^. The Agents for the Counties of Hampshire & Berkshire 
shall convey the Clothing collected in those Counties to Hezek'' 
Smith Esq'' in the Northern Department, & y*^ Agents for each of 
the other Counties shall transport y° Clothing collected in their 
respective Counties to the Southern Departn^ient of y" Army & 
deliver y*^ same to y*^ s*^ Levi Shephard; & y*^ s*^ Smith & Shep- 
hard are hereby directed to deliver as a present from y" people of 
this State one Shirt, one pair of Shoes & one pair of Stockings, to 
each non commissioned Officer & private Soldier raised in this 
State for 3 yr^ or during y*^ war as part of our Quota of the Cont^ 
Army without delay, & take care that proper receipts are taken 
from each soldier that they have receivd them; Provided never- 
theless that said Commissarys shall not deliver any of the articles 
of Cloathing aforesaid to such Soldier as may have receiv'd each 
of the abovemention'd articles from their respective Towns as a 
gift, and s'^ Agents are further directed to procure waggons or other 
carriages on the best terms they can & to send no more carriages 
than are necessary, & to employ faithful & industrious men as 
drivers for the same, & it is further 

Resolved that y'^ Hon^'^ Concil be & they are hereby request'd to 
grant a warrant on y^ Treasury in favor of each of y'^ s^ Agents or 
their order for such sums as they judge necessary, not exceeding 
y*' sum of Five thousand Pounds, to enable the Agents to procure 
the waggons as afores*^, they to be accountable for the sums they 
shall severally receive; and it is earnestly recommended to the 
good people of this State to supply such Shoes & other Clothing 
as are strong & good; & y" Selectmen & Agents are directed to 
return to y*' supplyer all such clothing as are not of a good quality, 
and it is further 

Resolved that y^ Agents for y'' several Counties be & they are 
hereby directed to make monthly returns into the Secretarys 
Office of the quantities of Clothing received from the several 
Towns, & in case any Town shall refuse or neglect to supply their 
Quota as afores*^, the Board of War shall make up such deficiency, 
& a sum equal to double the amount of y*' costs of such Clothing 
furnished by the Board of War for any delinquent town shall be 
annexed to such Town's proportion of the next state tax. 



340 



Resolves, etc. — 1777-78. [Chaps. 898, 899.] 



And it is further 

Resolved that the Agents of the several Counties aforesaid shall 
take into the Waggons, Carriages and carry to the several camps 
such small articles as may be offered to be sent as a present to 
the Officers or Privates free of Expence. 

And as it is determined that each State shall clothe its quota of 
the Continenal Troops which are at present in great want, it is 
most earnestly recommended to the People of this State of every 
rank to exert themselves to prepare every kind of Cloathing for 
the Army and deposit them in suitable places; and proper persons 
shall be appointed to receive the same and pay a generous price 
therefor. 

And it is further 

Resolved that the Secretary be directed to cause these Resolves 
to be printed in the several Boston News Papers and in the 
Worcester Paper and likewise in hand bills one of which to be sent 
to each Town & one to each Agent. [Passed March 13. 



CHAPTER 898 



VOTE ON REPORT OF COMMITTEE RELATIVE TO ADJOURNMENT. 



Legislative 
Records of the 
Council, 
xxxviii., 403. 
Mass. 
Archives, 
ccwni., 390a. 

Mass. 
Archives, 
ccxvii., 388- 
331. 



The Committee of both Houses appointed to consider what 
place is proper for the General Court to be Adjourned to, out of 
the Town of Boston, take leave to report 

That their present opinion is that the Middle Precinct Meeting 
house in Roxbury is the most Convenient place for that purpose. 

A. Fuller ^ order 
In the House of Representatives. 
Read & accepted. 

In Council 
Read & Concurred. [Passed March 13. 



CHAPTER 899. 



Legislative 
Records of the 
Council, 
xxxviii., 404. 
Mass. 
.\rchives, 
ccxvii., 392. 



RESOLVE DIRECTING THE COMMITTEE OF SEQUESTRATION TO SUS- 
PEND THE SALE OF BOOKS. 

Resolved that the Committee of Sequestration be & they hereby 
are directed to suspend the Sale of the Books under their care 'till 
the further Order of this Court. [Passed March 13. 



[6th Sess.] Resolves, etc. — 1777-78. 341 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE First Day of April, A.D. 1778. 



CHAPTER 900. 

RESOLVE ON THE PETITION OF SAMUEL WHITTEMORE. 

Upon the Petition of Sam' Whittemore, praying that he may Legislative 
remain in quiet possession of a tract of land in Cambridge for counc1f,°^^^^ 
which he bargained with John Borland Esq., late of said Town. Mass"' *''^' 

Resolved that the prayer of the petitioner be granted & that he Archives, 

remain in possession of said land until the further order of this °<''^^»-^i'^- 

Court, he paying a reasonable annual rent therefor to the Com- Archives, 
mittee of Correspondence &'^ for the Town of Cambridge. [Passed ccxvii., 414-415. 
April 2. 

CHAPTER 901. 

RESOLVE RESPECTING THE MEN THAT ENLISTED TO SERVE AT 

RHODE ISLAND. 

This State having pledged their faith to furnish for the defence Legislative 
of the State of Rhode Island fifteen hundred men, and whereas ^^^"jgf,"^*'''' 
in consequence thereof two regiments have been appointed, which xxxviii.,'40s. 
contrary to the expectation of this Court have recruited but few Archives, 
men, arising from the determination of a number of Towns in this 421^"- ^^°' 
State that serving in the State of Rhode Island, shall not be con- 
sidered or reckoned to individuals as having done a tour of duty 
in the Continental Army; to the intent the said difficulty may be 
removed and the aforesaid regiments immediately filled up: 

Resolved that each person who has or may hereafter enlist into 
either of the aforesaid regiments shall be considered as having 
done a tour of duty in the Continental Army for the same length 
of time he shall serve in either of said regiments, and the several 
Towns & all Militia officers within this State are hereby ordered 
to consider the said services as aforesaid, and give credit accord- 
ing to the time they shall so serve, and the Secretary is directed 
to publish this Resolve in all the Boston Newspapers. [Passed 
April 3.^ . . 

CHAPTER 902. 

RESOLVE DISMISSING THE GUARDS IN BOSTON HARBOUR. 

The Committee appointed to consider the expedience of dis- Legislative 
charging the troops lately called in to man the works_ in the g^cords of the 
harbour of Boston, in consequence of the Transports arriving to xxxviii.,'409. 

1 This date is April 2 according to Legislative Records of the Council. 



342 



Resolves, etc. — 1777-78. [Chaps. 903, 904.] 



Mass. 
Archives, 
ccxvii., 416. 



take oflF the Troops of the Convention, have attended that service 
and beg leave to report by way of Resolve: 

Resolved that the militia called in for the above purpose by 
a Resolve of the Gen^ Court dated Feb^ 24, 1778, be dismissd 
immediately and that the Council be requested to give their 
orders accordingly. 

In the House of Representatives 

Read & Accepted. 
In Council 

Read & Concurred. [Passed April 3.^ 



CHAPTER 90 3 



RESOLVE ON THE PETITION OF SAMUEL WARREN AND EBENEZER 

WARREN. 



Legislative 
Records of the 
Council, 
xxx\'iii., 410. 
Mass. 
Archives, 
ccxvii., 417. 

Mass. 
Archives, 
ccxvii., 418. 



Ox THE Petition of Samuel Warren & Ebenezer Warren, 
Administrators of the estate of Doctor Joseph Warren deceased, 
praying that an action between John Hooton & David Page, in 
which the estate of the said Docf Warren is solely interested, 
may be revived for reasons set forth in said Petition. 

Resolved that the prayer of said Petition be granted and that the 
said action between the said John Hooton and David Page be and 
hereby is revived, and the Judges of the Superiour Court are 
hereby impowered and directed to permit the said action to be 
re-entered at their next sitting in the County of Worcester, and 
that the same trial and proceedings be had thereon, as though 
the same action had been regularly continued; and that the said 
Administrators or either of them, be and hereby are fully im- 
powered to appear in behalf of the said John Hooton, and prose- 
cute the said action to final judgment and execution, provided 
they serve the adverse party with an attested copy of said Petition 
and this Order thereon fourteen days at least before the sitting of 
said Superiour Court. [Passed April 3. 



CHAPTER 904 



RESOLVE FOR SUPPLYING THE BOARD OF WAR WITH MONEY TO 
PURCHASE CLOTHING. 



Legislative 
Records of the 
Council, 
yxxviii., 411. 
Mass. 
Archives, 
ccxvii., 419. 



Whereas a number of articles of cloathing necessary for the 
army, lately brought into the Port of Salem by capture, may be 
purchased by the Board of War, if they can be supplied with a 
sum of money for that purpose: Therefore 

Resolved that the Treasurer of this State be and he hereby is 
directed to advance & pay unto the Board of War for the pur- 
pose abovementioned, such sums of money as they may need, and 
as he may be able to advance consistent with the other demands 
upon the Treasury, not to exceed in the whole the sum of Fifteen 
Thousand pounds, and that the sums Avhich may be so paid be 
deducted from & considered as part of the sum of Seventy five 
Thousand pounds late ordered to be supplied the Board of War by 
loan, agreeable to an Act passed the last session for that purpose. 
[Parsed April 3. 

1 This date is April 2 according to Legislative Records of the Council. 



[6tii Sess.] Resolves, etc. — 1777-78. 343 

CHAPTER 905. 

RESOLVE FOR QUARTERING BRITISH OFFICERS IN RUTLAND. 

Whereas it is of the utmost importance that the Troops of the Legislative 
Convention of Saratoga should be moved into the interior parts councif, °^ '^'"^ 
of the State, agreeable to a late Resolve of Congress, and whereas xxxviii., 411. 
the General Court desired the Council to remove such & so many Archives, 

of said Troops as they should think proper to the interior parts of ''"^^"'' *^^' 

this State; and whereas a part of said Troops have been ordered 
by y® Council to Rutland, and there being no rooms to be pro- 
cured in Rutland aforesaid suitable for quartering the officers of 
the Convention in: Therefore 

Resolved that the Committee of Correspondence &c in the Town 
of Rutland be, and hereby are directed to deliver to Major Gen- 
eral Heath, or his order, the possession, of the dwelling house 
lately owned & occupied by John Murray Esq"", in Rutland afore- 
said, now an Absentee, for the purpose of quartering such of the 
officers of the Convention as he shall think proper to send there, 
in consequence of the Resolve of the Hon''''^ Congress & the Re- 
solve of the General Court of this State. [Passed April 4- 



CHAPTER 906. 

RESOLVE ON THE PETITION OF THE SELECTMEN AND COMMITTEE 
OF CORRESPONDENCE OF EASTON. 

On the Petition of the Selectmen and Committee of the Town Legislative 
of Easton, praying that some person or persons should be ap- counclf °* *^''^ 
pointed to determine a dispute between Cap* Randell and Cap* xxxviii.,' 412. 
Keith, vdth regard to their right to three or four Continental Archives, 
soldiers returned by Cap* Keith. Therefore ccxvn., 423. 

Resolved that Brigadier George Godfrey Esq"", be appointed to ^^jf^iygg 
hear and determine said dispute. [Passed April 4- ccxvii., 424; 

ccxviii., 32. 



CHAPTER 907. 

RESOLVE ON THE PETITION OF COMMITTEES OF CERTAIN PLAN- 
TATIONS AT THE EASTWARD. 

On the Petition of the Committees of the Plantations and {f ^'^'j^'^'f ., 
Places called Mispecky, Pleasant River, Narraguagus and Number Council, 
Four, in behalf of themselves and constituents, setting forth their MaJs'"" *^^' 
distressed circumstances for want of Bread, Corn, Ammunition ^'''^^'^^fs. 

1 • p ,. » ccxvu., 42o. 

&c, and praymg tor relief. — 

Resolved that the Treasurer of this State be and he is hereby Archives, 
directed to pay out of the publick Treasury One hundred pounds '=^^*^> ^^"'^• 
to Cap* Joseph Willson, for the purpose of purchasing Corn or 
other Bread-kind, for the use of the inhabitants of the above- 
named places, and to be distributed to them according to their 
necessitys at the discretion of the Committees of said Plantations; 
and said ^Treasurer is further directed to take said Willson's note 
in behalf of himself and constituents for said sum payable in six 
months. And it is further 

Resolved that the Board of War be and they are hereby directed 



344 



Resolves, etc. — 1777-78. [Chaps. 908, 909.] 



to deliver to Cap* Joseph Willson or order, one hundred and fifty 
pounds of Powder and four hundred and fifty pounds of Lead, for 
the use and defence of the inhabitants of said Plantations, to be 
distributed to them at the discretion of the Committees, and take 
his note in behalf of himself and constituents for the amount of 
the same, payable to the Treasurer of this State in six months. 
[Passed April 4- 



Mass. 
Archives, 
ccxvii., 426. 



CHAPTER 908. 

ORDER DIRECTING COMMITTEE TO BRING IN A RESOLVE FOR RAIS- 
ING MEN TO SERVE AT NEW YORK AND RHODE ISLAND. 

The Com''^^ of both Houses on the Letter from Gov'" Trumbull 
dated March 16*'', and the Letter from Governor Cook of March 
2P*, and the Resolves of Congress accompanying the same. Beg 
leave to report as their opinion: 

That it is necessary for the safety of this & the United States 
that there be raised in this State immediately thirteen hundred 
men for the purpose of fortifying & defending Hudson River; and 
that there be 200 men raised in addition to the two regiments 
already ordered to be raised for the defence of Rhode-Island and 
added to the s*^ regiments now raising for that purpose. 

John Whetcomb ^: order 

In the House of Representatives 
Read & Ordered That this Report be committed to a Com- 
mittee appointed to sit in y** last recess of y*" Generall Court to 
bring in a Resolve for the purpose therein mentioned. 
In Council 
Read & Concurred. [Passed April 4- 



CHAPTER 909 



Legislative 
Records of the 
Council, 
xxxviii., 395. 
Mass. 
Archives, 
ccxvii., 430-432. 



RESOLVE RESPECTING ESTATES BELONGING TO INHABITANTS 
OF GREAT BRITAIN'. 

Whereas it appears to this Court that there are within this 
State several farms and other real estate belonging to persons, 
inhabitants of Britain; and there being no person or persons 
legally authorized to take proper care thereof, said estates are 
exposed to great loss and dammage, both to the proper owners & 
to the public; and that in several instances very flagrant trespasses 
have been committed on s'^ estates; for remedy whereof it is 

Resolved that the Selectmen of each Town within this State 
where any of the estates above described lay, be and they hereby 
are fully impowered & diricted (in their said capacity) in their 
respective Towns, immediately to take such estates into their 
possession till further order of this Court, and improve the same 
in the best way and manner they can, by leasing out the same for 
a term, not exceeding one year, for the most the same will fetch, 
& see that no strip and waste be made thereon ; and the said 
Selectmen, or the major part of them, in their respective Towns, 
are hereby authorized & fully impowered & directed to receive, 
sue for & recover, in any law Court proper to try the same, all 
rents due or shall be due for the improvement of said estates 
laying within their respective Towns; and also in like manner 
sue for & recover all dammages done by trespass (that is not out- 
lawed) or that shall be done by any person or persons whatsoever. 



[6th Sess.] Resolves, etc. — 1777-78. 345 

& pursue the same to final judgement and execution according 
to the laws of this State. And the said Selectmen, shall keep and 
render fair accounts to the General Court of their proceedings and 
doings in the premises at least once every year, and shall be 
allowed out of the moneys by them received reasonable allowance 
for their trouble and expence. And the remainder of such moneys 
they are to pay in unto the Treasurer of this State, taking dupli- 
cate receipts therefor, one to be lodged in the Secretary's Office, 
and the Secretary is hereby directed to keep a separate account of 
all moneys paid in as aforesaid. 

And whereas it may happen that some person or persons have 
taken or may take possession of some of the estates abovesaid 
without any legal authority therefor, and such person or persons 
may refuse to deliver up or resign such possession to the Select- 
men as above directed: For remedy whereof 

Resolved that in all such cases the said Selectmen or such person 
as they shall appoint shall be and they hereby are fully im- 
powered and directed to bring an action of ejectment in any 
Court proper to try the same, and dispossess any & all such per- 
sons in and by any legal way or method, as fully & effectually to 
all intents & purposes, as the rightfuU proprietor of such estates 
could do if personally present and prosecuted the same. [Passed 
April 6.^ 

CHAPTER 910. 

RESOLVE DISMISSING REV. D'' GORDON, CHAPLAIN OF THE GEN- 
ERAL COURT. 

Whereas the Rev** Docf Gordon, (Chaplain to both Houses), Legislative 
by a publication under his signature in the Independent Chronicle councif,° * " 
of the 2*^ Ins* has grossly reflected upon the General Court as Ma^'"'*'^' 
having acted a legerdemain part in assembling the late Conven- Archives, 

tion for forming a Constitution of Civil Government, & misrep- S£5I±j^ — : 

resented their conduct in that important business: Therefore 

Resolved ihat he be immediately dismissed from the service as 
Chaplain to both Houses of Assembly & that the Secretary serve 
him with a copy of this Resolve. [Passed April 6r 



CHAPTER 91 1. 

RESOLVE IMPOWERING TIMOTHY BROAD, ADMINISTRATOR, TO SELL 

REAL ESTATE. 

On the Petition of Levi Colburn and others, praying that Legislative 
Timothy Broad, Administrator on the estate of Joseph Colburn, coundf,"^*'" 
late of Needham deceased, may be impowered to make sale of the ^''^'"•' *'^- 
real estate of the said Joseph Colburn, it is Archives, 

Resolved that the s<i Timothy Broad be, and he hereby is *"""'^"' ''^^' 



impowered to make sale of the real estate of the s"^ Joseph Colburn Archives, 
for the most it will fetch, and to make and execute a good deed or ccxvii.,440, 
deeds of the same, he observing the rules in the law relating to 
the sale of Real Estates by Executors and Administrators, and 
giving bond to the Judge of Probate for the County of Suffolk, 
that the proceeds of said sale be applied and disposed according to 
law. [Passed April 6. 

1 This date is March 13 according to Legislative Records of the CounciL 

2 This date is April 4 according to Legislative Records of the Council. 



346 



Resolves, etc. — 1777-78. [Chaps. 912-914.] 



CHAPTER 912. 



RESOLVE ON THE PETITION OF SAMUEL WATERHOUSE. 



Legislative 
Records of the 
Council, 
xxxviii., 414. 
Mass. 
Archives, 
ccxvii., 437. 

Mass. 
Archives, 
cxliii., 253; 
ccxvii., 438. 



On the Petition of Sam" Waterhouse, now commanding a 
company of militia doing duty at Winter Hill, praying for a num- 
ber of Fire Arms for the use of his company. 

Resolved that the Board of War be & they hereby are ordered & 
directed to deliver the said Sam" Waterhouse a number of Fire 
Arms, not exceeding forty, he the said Waterhouse giveing his 
obligation to return the said arms in good order to the said Board 
of War or their order, on or before the third day of July next, 
except such & so many of said arms as the men for whose use they 
are wanted shall chuse to purchase, which the Board of War are 
hereby impowered to sell at such price as they shall judge reason- 
able; and the Captain is hereby directed to make such stoppages 
on his Muster Roll from those men who keep any of said guns, 
as the price of s"^ guns is set at by s"^ Board of War, and the sum of 
three shillings for those which may be returned for the use thereof. 
[Passed April 6. 



CHAPTER 913. 



Legislative 
Records of the 
Council, 
xxxviii., 415. 
Mass. 
Archives, 
ccxvii., 436. 

Mass. 
Archives, 
excix., 97, 100. 



RESOLVE DIRECTING COMMITTEE OF CORRESPONDENCE OF CAM- 
BRIDGE TO PROVIDE QUARTERS FOR MAJ. GEN. PHILLIPS. 

On the Letter of Major General Heath & the letter of Major 
Gen' Phillips 

Resolved that the Committee of Correspondence, Inspection and 
Safety of the Town of Cambridge in the County of Middlesex, be 
and they hereby are directed to deliver to Major General Heath 
or his order, the possession of the dwelling house lately occupied 
by Lieut-General Burgoyne in Cambridge aforesaid, for the pur- 
pose of quartering Major General Phillips. [Passed April 6. 



CHAPTER 914. 



Legislative 
Records of the 
Council, 
xxxviii., 415. 
Mass. 
Archives, 
ccxvii., 434. 



RESOLVE DIRECTING SELECTMEN TO SUPPLY SHOES, ETC., TO 
SOLDIERS ON FURLOUGH. 

Whereas it having been represented to this Court, that a num- 
ber of the Continental soldiers inlisted for three years or during 
the war, arc at home on furloughs, & in present want of clothing 
to enable them to march to their respective companies. Therefore 

Resolved that the Selectmen of the several Towns in this State, 
where any such of the s<^ soldiers are, be & they are hereby di- 
rected to deliver to such soldier upon application therefor, one 
pair of shoes, one pair of stockings & one shirt, collected in such 
Town pursuant to a Resolve of Court of the 13"^ of March last, 
taking a receipt of the clothing so delivered, to be delivered to the 
Agent of the County to which such Selectmen belongs, to be by 
him transmitted to the Commissary of Clothing. [Passed April 6. 



[6th Sess.] Resolves, etc. — 1777-78. 347 



CHAPTER 915. 

RESOLVE IMPOWERING THE BOARD OF WAR TO SELL A QUANTITY 
OF LEMONS AT PUBLIC VENDUE. 

Whereas it has been represented to this Court by the Board of k^-'®^*'^f ,, 

TTT p ^ • m 111 II i» Kecords of the 

War oi this btate, that they have under there care a cargo or Council, 
Lemmons, the property of the State of Virginia, which are now in MaJs'"' 
a perishing condition. ^xviiTf^s. 

Resolved that the Board of War be & are hereby impowered to ' 

sell the aforementioned Lemmons at Publick Vendue, any Act or 
Resolve of this Court to the contrary notwithstanding. [Passed 
April 6. 



CHAPTER 916. 

RESOLVE DIRECTING THE SELECTMEN OF ROXBURY TO ERECT 
A SMOKE HOUSE FOR INFECTED PERSONS. 

Resolved that the Selectmen of Roxbury be, and they hereby are Legislative 
impowered & directed to employ two discreet persons at or near councif °^ *''** 
the lines in Roxbury, to cleanse all persons passing from the Town xxxviii..'4i6. 
of Boston, who may be thought to be infected with the Small Pox, Archives, 

by causing them to be Smoaked in a Smoak-house to be erected °°'^^"' ^^^- 

for that purpose, not exceeding three weeks from this time and to 
lay their account of the expence before this Court for allowance. 
[Passed April 6. 

CHAPTER 917. 

RESOLVE PROVIDING THAT TEMPORARY BARRACKS BE ERECTED 
IN RUTLAND FOR THE BRITISH TROOPS. 

Resolved that the Council of this State be and they hereby are Legislative 
desired as soon as may be, to cause temporary Barracks for the ^0^° "iJlf °^ *^® 
reception of the British Troops to be built within the Pickets in xxxviii.,'417. 
Rutland, if the situation will admit of the same; if not, then to Archives. 
cause said Barracks to be erected as near the Pickets as possi- ccxvii., 428. 
ble, and as soon as said Barracks are prepared to cause the Brit- 
ish Troops or any part of them to be removed thereto. [Passed 
April 6. 

CHAPTER 918. 

RESOLVE ON THE PETITION OF THE ASSESSORS OF SHIRLEY. 

On the Petition of John Ivory, John Longley and John Peirce, ^^- j .-^^ 
Assessors of the Town of Shirley in the County of Middlesex for Records of the 
the year 1777, praying that they may be impowered to withdraw S'x^'iii'.Sis. 
the State Tax made by them for the said Town for said year, ^'*'f.- 
which was delivered to Stephen Holden, Constable for the same ccxvii., 443, 
year for said Town, that they may rectify a mistake in said Tax. 



Resolved that Stephen Holden, Constable in the Town of Shirley Sives, 
for the year 1777, be and he hereby is directed to deliver to John '^^^^■'J^^' 
Ivory, John Longley & John Peirce, Assessors in said town for 
said year, the State Tax for said Town for the year aforesaid in 
his hand, and the said Assessors are hereby impowered to rectify 



348 



Resolves, etc. — 1777-78. [Chaps. 919, 920.] 



a mistake that is in the said Tax, notwithstanding there may have 
been a new choice of Assessors in the Town aforesaid since the 
delivery of the said Tax to the said Holden; and to return the 
Tax aforesaid to the aforesaid Holden after the mistake aforesaid 
is rectified. And the said Holden is also directed to receive the 
same, & compleat the collection of said Tax, and pay the same 
into the Treasury of this State agreeable to the directions in his 
warrant for collecting said tax. [Passed April 7. 



CHAPTER 919. 



RESOLVE PROVIDING FOR THE ERECTION OF SMOKE-HOUSES IN 
BOSTON, ROXBURY AND CHARLESTOWN. 



Legislative 
Records of the 
Council, 
xxxviii., 418. 
Mass. 
Archives, 
ccxvii., 447. 



Whereas the safety of the public requires further provision 
than is made in the Resolve of the sixth instant, to prevent the 
infection of the Small Pox from the Town of Boston being com- 
municated by persons who may come from said Town: Therefore 

Resolved that Smoak-Houses be erected at the entrance of the 
Town of Roxbury, & also at Winnissimet Ferry and at Charles- 
town Neck, and the Selectmen of the Towns of Roxbury, Boston 
and Charlestown, are impowered & directed to cause said Smoak- 
Houses to be forthwith erected & proper persons to attend the 
same, and to smoak all persons who shall pass from the said 
Towns of Boston & Charlestown, and also all papers they may 
have to prefer to the General Court, and also the money they may 
bring from said Town, and lay their accounts before this Court for 
allowance. And it is 

Ordered that this Resolve be printed in the Boston News Papers. 
[Passed April 7. 



CHAPTER 920. 



RESOLVE IMPOWERING THE SELECTMEN AND OVERSEERS OF THE 
POOR OF BRIDGEWATER TO SELL CERTAIN REAL ESTATE. 



Legislative 
Records of the 
Council, 
xxxviii., 420. 
Mass. 
Archives, 
ccxvii., 449. 

Mass. 
Archives, 
ccxvii., 450. 



On the Petition of the Select Men & Overseers of the Poor of 
the Town of Bridgewater, setting forth that Ezra Hay ward of 
Bridgewater hath been reputed non-compos-mentis, and that the 
said Ezra and his wife and three small children are now under the 
care of the Select Men and Overseers of the Poor of the s'* Town, 
and that the said Ezra is possessed of a dwelling house and seven 
acres of land, his personal estate being all spent and considerable 
debts already contracted for the support of s'^ Ezra and family; 
they therefore praying for liberty to make sale of the real estate 
aforesaid: it is 

Resolved that the Select Men and Overseers of the Poor of the 
Town of Bridgewater, in their said capacity, be and they hereby 
are impowered to make sale of the real estate afores'' for the most 
it will fetch, and to make and execute a good and lawfull deed or 
deeds of the same; and that the proceeds arising by s'^ sale be 
applied by the Select Men and Overseers of the Poor for the Town 
of Bridgewater for the payment of the debts aforesaid and for the 
further support of the said Ezra and family; they being account- 
able to the Town of Bridgewater for the expenditure of the same, 
or if any should remain after the said Ezra's decease, to be divided 
amongst the heirs according to law. [Passed April S. 



[6th Sess.] Resolves, etc. — 1777-78. 349 

CHAPTER 921. 

RESOLVE ON THE PETITION OF MARY DRAKE. 

On the Petition of Mary Drake of Bridgewater, praying that Legislative 
the wages of her late husband, Richard Drake, from the sixteenth Council, 

day of September, Seventeen hundred and seventy six, to the ^^^^"'•- ^^O- 

eighteenth day of February then next ensuing, may be allowed 
and also for his gun and pack, which he lost when he was taken. 

Resolmd that there be allowed and paid to the said Mary Drake 
out of the Public Treasury of this State, the sum of Ten pounds, 
one shilling and four pence as wages now due; and a further sum 
of Three pounds, eighteen shillings for said Richard's gun and 
accoutrements, and also the sum of Three pounds for his blanket 
and pack taken from him by the enemy, she receipting for the 
same. [Passed April 8. 



CHAPTER 922. 

RESOLVE GIVING DAY TO MATTERS NOT DETERMINED IN THE LAST Legislative 

SESSION. Records of the 

Council, 
xxxviii., 421. 

Resolved that all matters that were before this Court previous to Anfhives, 
the Prorogation thereof and not determined upon, have day in the ccxvii., 448. 
present Session, the Prorogation notwithstanding. [Passed April 8. 



CHAPTER 923. 

RESOLVE ON THE PETITION OF CAPT. JOHN ENGLISH. 

On the Petition of John English, praying that the Schooner Legislative 
called the May Flower, with her cargo, the property of the peti- counelf °^ *''^ 
tioner, which was taken from him att S' John's by Agreen Crab- xxxviii. ,'421. 
tree on the 25*'^ day of October last, may be restored to him. Archives, 
And also that he may be protected from any privateer or armed ccxvii.,463. 



vessel in removeing his family and effects into this State. Therefore ■^^®,^.- 

Resolved that the said John English be and he hereby is im- ccxvii., 4()4, 465. 
powered to bring his action against the said Agreen Crabtree in 
any Court in this State proper to try the same, for the recovery of 
his Schooner & cargo, the said English being an inhabitant of the 
Province of Nova Scotia nevertheless, and be it further 

Resolved that the Honorable Council be desired to grant the 
petitioner, a protection from any privateer or armed vessel to 
prevent his being molested in removeing his family and effects 
into this State. [Passed April 8. 



CHAPTER 924. 

RESOLVE ON THE PETITION OF SAMUEL WILLIAMS, AGENT FOR 
OWNERS OF THE SCHOONER DOLPHIN. 

The Committee of both Houses appointed to consider the Peti- Legislative 
tion of Samuel Williams, Agent for the owners and crew of the counclf '^^ *^^ 
private armed Schooner Dolphin, praying for a new trial, have xxxviii. ,'422. 



350 



Resolves, etc. — 1777-78. [Chaps. 925, 926.] 



Mass. 
Archives, 
ccxvii., 452. 

Mass. 
Archives, 
ccxvii., 453- 
459. 



attended that service & heard the parties, & take leave to report 
that the Committee are unanimously of opinion that the prayer of 
the Petition ought not to be granted, & that the petitioner have 
leave to withdraw his Petition, and that the Order of this Court 
of the 12*^ of March last, for retaining in the Agent's hands the 
vessell & cargo referred to in the Petition aforesaid be revoked. 
All which is Submitted 

Thomas Cushing p'^ order 
In Council 
Read & Accepted and thereupon 

Resolved that the Petitioner have leave to withdraw his Petition 
arid that the Order of this Court of the 12*^ of March last for re- 
taining in the hands of the Agent the vessel and cargo referred to 
in the Petition, be and hereby is revoked and made null & void. 
In the House of Representatives 
Read & Concurred. [Passed April 8.^ 



CHAPTER 925 



RESOLVE ON THE PETITION OF JOHN M"GRAY. 



Legislative 
Records of the 
Couucil, 
xxxviii., 422. 
Mass. 
Archives, 
ccxvii., 466. 



On the Petition of John M'^Gray, an inhabitant of Yarmouth 
in Nova Scotia, now in this State, taken & captivated by the 
crew of the Schooner Terrible of Marblehead, Cap* John Conwey, 
commander, praying for liberty to return to Nova Scotia with his 
effects &c. It appearing to this Court that the said [M'^Gray]^ 
has approved himself friendly to the United States of America by 
releiving many of our prisoners when captivated by their un- 
natural enemies: Therefore be it 

Resolved that the prayer of the s*^ Petition be so far granted as 
that the abovesaid McGray have leave to return to Nova Scotia 
with his effects, as soon as may be, & it is hereby recommended to 
the [owners] ^ and captors of the aforesaid Schooner to deliver 
[to]^ the said M'^Gray all his own private venture; and the com- 
manders of all armed vessels and others belonging to this State, 
are hereby directed to suffer said M^'Gray to pass with his effects 
for the purpose abovementioned unmolested, and it is hereby 
recommended to the commanders of all vessels belonging to the 
United States or any of them to let said M^Gray pass for the pur- 
pose above expressed without hindrance. [Passed April 8. 



CHAPTER 926 



RESOLVE ON THE PETITION OF THE SELECTMEN OF WESTON RE- 
SPECTING JUDITH PIPPEN. 



Legislative 
Records of the 
Council, 
xxxviii., 42.3. 
Mass. 
Archives, 
ccxvii., 472, 473. 

Mass. 
Archives, 
ccxvii., 474- 
477. 



Whereas Judith Pippen, the wife of Lieut Pippen (a Canadian) 
now in the Continental service, with her five children, were sent 
by Col° James Wesson last July from Albany to this State, in 
which they have hitherto resided and are now in the Town of 
Weston in the County of Middlesex; and she being desirous to 
return again to Albany with her children: 

Resolved that the Selectmen of the Town of Weston aforesaid 
be & they are hereby desired to procure a convenient carriage, 
sufficient to convey the said Judith Pippen & her children & what 

' This date is according to Legislative Records of the Council. 
2 Inserted from Legislative Records of the Council. 



[6th Sess.] Resolves, etc. — 1777-78. 351 

baggage they may have to Albany. And whereas the said Select- 
men of the Town of Weston have represented to this Court that 
the said Judith Pippen stands in great need of severall articles of 
cloathing for herself & children, they are hereby desired to procure 
such necessary cloathing as they actually stand in need of for their 
comfort, and the said Selectmen are directed to lay their account 
before this Court for allowance & payment. [Passed April 9. 



CHAPTER 927. 

RESOLVE ON THE PETITION OF JONATHAN LOWDER, TRUCKMASTER. 

On the Petition of Jonathan Lowder, Truck Master to the Legislative 
Penobscot tribe of Indians, praying for goods to supply said councif °^ *''^ 
Indians with. xxxviii.,'424. 

Resolved that the Board of War be directed to supply Jonathan Artfhives, 
Lowder with the following articles for the supply of the Penobscot ccxvii.. 471. 
Indians, if they have them to spare. Viz. one bale of Blankets, one ^^jf^^gg 
piece of Blue Shroud, three pieces of Calico, one piece of Linnen, cxiiii., 253. 
one piece of Oznabrigs, one hundred lb of Powder, two hundred 
lb of Lead, one hundred lb of Shot, two barrels of N. E. Rum, 
one hogs head of Molasses, one barrel of Pork, ten bushels of 
Beans or Peas, Knives, Scissors, Needles and Combs, a small 
quantity of each. And it is further 

Resolved the said Lowder be directed to trade with the Indians, 
agreeable to the regulations made by John Allen Esq, with the 
Indians, and to remit all the furs and skins he shall receive of the 
Indians to the Board of War and be accountable to the General 
Court for the doings. [Passed April 9. 



CHAPTER 928. 

RESOLVE AUTHORIZING JOSEPH ALLEN TO LEASE PROPERTY OF 
CERTAIN ABSENTEES. 

On a Petition of Joseph Allen, Agent to the estates of John Legislative 
Chandler and James Putnam Esquires, late of Worcester, Ab- counc'-f °^ ^''^ 
sentees, praying the directions of Court with respect to leasing xxxviii.,'424. 
said estates. Ardiives, 

Resolved that the petitioner Joseph Allen, in his capacity as ^gg^"'*^^- 

Agent &c, be & hereby is directed to lease the farms & buildings — 

referred to in his Petition, for & during the term of one year from Archives, 
the first of April instant, at such a rent as the Selectmen of the 470^"' *^ ' 
Town of Worcester shall determine to be just & reasonable, he 
giving preferrence to those who occupy said farms & buildings. 
[Passed April 9. 



CHAPTER 929. 

RESOLVE ON THE PETITION OF JOSIAH KING. Legislative 

Records of the 

Resolved that the prayer of said Petition be so far granted as xxxviii.,'425. 
that the said Josiah King serve the said James Cargill, with an Ar^chives, 
attested copy of the within Petition and this Order thereon, four- "'''''"'''• 



teen days before the second Wednesday of the next sitting of the Archives, 

clxxxiv., i 



'6o2 



Resolves, etc. — 1777-78. [Cilajs. 930-932.] 



General Court, that he may shew cause to this Court (if any he 
have) on the said second Wednesday, why the prayer of said Peti- 
tion shouki not be granted. [Passed April 9. 



CHAPTER 930. 



Mass. 
Archives, 
cxxxvii., 222. 



RESOLVE AUTHORIZING TOWNS TO ERECT INOCULATING HOSPITALS. 

Where.\s by a Resolve of this Court in June 1777, Inoculation 
was prohibited in several Towns in the Counties of Suffolk and 
Middlesex, for the reasons sett forth in said Resolve; the Small- 
pox taken in the natural way being now in some of said Towns 
and there is great danger of its spreading among the inhabitants: 
Therefore 

Resolved that any Town in this State, first obtaining a major 
vote for that purpose, have free liberty to erect an Hospital or 
Hospitals for the purpose of Inoculation in such place or places as 
shall least expose the inhabitants, said Hospitals to be under the 
care of the Selectmen of the Town where they are erected, & be 
under such rules and regulations the said Selectmen shall direct 
any time between the date hereof and the first day of June next, 
anything in a late law respecting Inoculation, or the Resolve above 
referred to, to the contrary notwithstanding. [Passed April 10. 



CHAPTER 931. 



RESOLVE IMPOWERING ASA BARNS. ADMINISTRATOR, TO SELL 

REAL ESTATE. 



Legislative 
Records of the 
Council, 
xxxviii., 426. 
Mass. 
Archives, 
ccxviii., 1. 

Mass. 
Archives, 
ccxviii., 2, 3. 



On the Petition of Asa Barns, Administrator on the estate of 
Jesse Gilbert, late of Granby in the County of Hampshire, de- 
ceased, praying that he may be impowered to make sale of the 
whole of the said deceased's real estate, it is 

Resolved that the said Asa Barns be, and he hereby is authorised 
to make sale of the aforementioned estate for the most the same 
will fetch, and to make and execute a good deed or deeds of the 
same; he observing the rules of the law for the sale of real estate 
by Executors and Administrators, and giving bond to the Judge 
of Probate for the County of Hampshire, that the proceeds of said 
sale be disposed of according to law. [Passed April 10. 



Legislative 
Kecords of the 
Council, 
xxxviii., 426. 
Mass. 
Archives, 
ccxvii., 479. 

Mass. 
Archives, 
ccxvii., 480. 



CHAPTER 932. 

RESOLVE IMPOWERING SETH KINGSBURY, ADMINISTRATOR. TO 
SELL REAL ESTATE. 

On the Petition of Seth Kingsbury of Walpole, in the County 
of Suffolk and State aforesaid. Administrator on the estate of 
Moses Chamberlain, late of Walpole aforesaid, deceased, praying 
that he may be impowered to sell the real estate of the aforesaid 
Moses Chamberlain. 

Resolved that the prayer of the said Petition be granted, and 
that the said Seth Kingsbury, in his said capacity, be and he 
hereby is fully impowered to make sale of all the real estate of 
the aforesaid Moses Chamberlain for the most it will fetch, and to 



[Gtii Sess.] Resolves, etc. — 1777-78. 353 

make and execute a good deed or deeds of the same; he observing 
the rules in the law relating to the sale of real estate by Executors 
and Administrators, and giving bond to the Judge of Probate for 
the County of Suffolk, that the proceeds of said sale be applied 
and disposed of according to law. [Passed April 10. 



CHAPTER 933. 

RESOLVE FOR SUPPLYING THE COUNCIL WITH MONEY TO ERECT 
BARRACKS AT RUTLAND. 

Whereas the Hon^^ Council of this State by a Resolve of this Legislative 
Court of y** &^ instant, were desired to erect temporary Barracks councif, "^ '^'^^ 
at Rutland for the reception of the Troops of the Convention, late ^P^"- ^^7. 
under Gen^ Burgoyne, and whereas no provision was made in Archives, 

said Resolve to enable the Council to draw money to accomplish '^''''^"•' ^^^" 

said business: 

It is therefore 

Resolved that they be & hereby are impowered to draw their 
warrants on the Treasurer of this State for a sum not exceeding 
Two Thousand pounds to enable them to erect said Barracks with- 
out delay. [Passed April 10. 



CHAPTER 934. 

RESOLVE ON THE PETITION OF STEPHEN CROSS AND OTHERS. 

On the Petition of Stephen Cross and others, respecting the Legislative 
establishment of an Innoculating Hospital at Newbury. Coundf, °^ ^^^ 

Resolved that Moses Frazier, Samuel Tufts, Jonathan Marsh, xxxviii..'428. 
Ebenezer March, John Pearson Jun'', Joseph Stanwood and Paul 
Lunt, appointed by the last Court of the General Sessions of the 
Peace, holden for the County of Essex, as directors of an Inoculat- 
ing Hospital, then allowed by said Court of Sessions to be erected 
and established on Kent's Island in the Town of Newbury, are 
hereby permitted to continue said Hospital; they to be directors 
till the further order of the General Court. And as the inhab- 
itants of the Town of Newbury-Port join in the expence of 
erecting and furnishing said Hospital: Further 

Resolved that no preference be given to the inhabitants of the 
Town of Newbury, but that the inhabitants of the Town of 
Newbury-Port have equal right to admission into said Hospital 
with the inhabitants of the Town of Newbury. Further 

Resolved that the directors aforesaid have all the powers and 
authority during the continuance of said Hospital, which were 
granted them by the Court of Sessions aforesaid. And further 

Resolved that any and all agreements made by said directors 
with the major part of the proprietors of said Hospital, respecting 
the physician's fees and the money to be paid by each patient; 
also the articles to be provided by each patient and by said 
directors; and respecting the expences of erecting and continuing 
said Hospital and all other expences touching the same; and the 
guards and attendants belonging thereto; and also the appropri- 
ation of the profits thereof; be valid in law and binding as well on 
said directors as on said proprietors. [Passed April 11. 



354 



Resolves, etc. — 1777-78. [Chaps. 935-938.] 



CHAPTER 935 



RESOL\^ FOR FINDING PERSONS WHO REFUSE TO BE SMOAKED. 



Legislative 
Records of the 
Council, 
xxxviii., 430. 
Mass. 
Archives, 
ccx^nii., 7. 



Whereas the Resolves of this Court that have already passed, 
have been found insufficient to oblige people passing out of the 
Town of Boston or Charlestown with their effects, to be smoaked 
in the Smoak Houses erected for that purpose, and it being abso- 
lutely necessary in order to prevent the spreading of the Small 
Pox that the same should be complied with: Therefore 

Resolved that any person coming out of the said Towns, who 
shall refuse to be smoaked as before directed, together with his 
or her effects, shall forfeit and pay a penalty of Forty shillings, to 
be recovered on the complaint of any person upon oath before 
any Justice of the Peace in the County where the offence is com- 
mitted; one half of said fine to be to the use of the prosecutor and 
the other half to the use of the Town where the offence may be 
committed. [Passed April 11. 



CHAPTER 936 



RESOLVE PROHIBITING INOCULATION IN CERTAIN TOWNS RE- 
PEALED. 



Legislative 
Records of the 
Council, 
xxxviii., 430. 
Mass. 
Archives, 
ccxviii., 6. 



Whereas by a Resolve of this Court passed in June, 1777, 
inoculation was prohibited in several Towns in the Counties of 
Suffolk and Middlesex for the reasons set forth in said Resolve, 
which reasons do not now subsist: Therefore 

Resolved that the aforesaid Resolve be repealed and that every 
part & paragraph thereof be and hereby is declared null and void. 
[Passed April 11. 



CHAPTER 937. 



RESOLVE ON THE PETITION OF NATHAN BEALS. 



Legislative 
Records of the 
Council, 
xxxviii., 420. 
Mass. 
Archives, 
ccxvii., 4. 

Mass. 
Archives, 
ccxvii., 5. 



On the Petition of Nathan Beall, praying that he may obtain 
a grant of a tract of land, containing about two hundred acres, 
lying in the County of Hampshire and bounded westerly on the 
Plantation No five and easterly on Ashfield west Line, or liberty 
to occupy the same. 

Resolved that John Hastings Esq., be a Committee to enquire 
whether there is any land as set forth in sd Petition and report the 
state of said land to the next General Court at their first session. 
[Passed April 11. 



CHAPTER 938. 

RESOLVE FOR TRANSMITTING COPIES OF ACTS AND RESOLVES 
PASSED IN CONSEQUENCE OF RECOMMENDATIONS OF THE 
CONTINENTAL CONGRESS. 



Legislative 
Records of the 
Council, 
xxxviii., 427. 



In compliance with a Requisition of Congress of the 16*'' 
March last. 

Resolved that the Hon President of the Council be requested to 
transmit to Congress, as soon as possible, attested copies of all the 



[6th Sess.] Resolves, etc. — 1777-78. 355 

Acts and Resolves of the Legislature of this State, passed in conse- Mass. 
quence of Recommendations of Congress received since the first of ^cx'^^'ilTo. 
November, 1777, and of all Acts and Resolves which may here- 



p ,. -r» Mass. 

after be passed by this Court m consequence of future Recom- Archives, 
mendations. [Passed Ayril 13.^ ^^"'■' 



CHAPTER 939. 

RESOLVE DIRECTING MAJOR DANIEL CLAP, AGENT, TO GIVE MAJ. 
GEN. HEATH POSSESSION OF A CERTAIN DWELLING HOUSE, ETC. 

Resolved that Major Daniel Clap, Agent to the estate of John Legislative 
Murray, an Absentee, late of Rutland in the County of Worcester, councif,° 
be and hereby is directed to deliver to Major General Heath or Mas^"''*^^' 
his order, possession of the dwelling house and out-houses thereto Archives, 
belonging, lately owned & occupied by said Murray; for the pur- ''^^^"'•• 



pose of quartering such of the officers of the Convention of Sar- ^rT^Ves, 
atoga as he shall think proper to quarter there, in consequence ccxviii., ii. 
of a Resolution of Congress for removing said Troops and a 
late Resolve of this Court, any former Resolve notwithstanding. 
[Passed April 13. 

CHAPTER 940. 

RESOLVE ADJOURNING THE INFERIOR COURT OF COMMON PLEAS 
IN MIDDLESEX COUNTY. 

Whereas the Inferior Court of Common Pleas, by law ap- Legislative 
pointed to be held at Concord, in & for the County of Middlesex, ^^S°'e1r^*^^ 
on the second Tuesday of March, now stands adjourned to Tues- xxxviii., 431. 
day the 2P* day of April instant, and the present session of the Ar^chives, 

General Assembly will probably prevent some of the members of °'^^^'"- ^^- 

said Court & other persons concerned from giving their attendance 
at that time: Therefore 

Resolved that the s'^ Inferiour Court of Common Pleas be further 
adjourned to Tuesday the 19'^'' day of May next, then to be held 
at Cambridge in s*^ County, & all matters & things that would 
have come before the said Court on the s"^ 2P' day of April, shall 
be considered & determined on the s'^ 19*^ day of May, to all 
intents & purposes as they might have been on the said 2P* of 
April, of which all persons concerned are hereby directed to take 
notice. [Passed April 13. 



CHAPTER 941. 

RESOLVE ON THE PETITION OF CERTAIN INHABITANTS OF NEWTON. 

In the House of Representatives. 

On a Petition of a Committee of the inhabitants of the westerly Mass. 
part of Newton, setting forth that agreably to a Resolve passed ^^^■dii^'^sg 

the second day of February last, on a Petition preferred by them ~ '■ — 

to this Court, they have served the Town Clerk of Newton with a Archives, 
copy thereof, and praying that a Committee may be appointed at *=<=*^"*- 37- 
their cost to hear the parties at said Newton. 

Resolved that the prayer of the said Petition be granted and 

1 This date is April 10 according to Legislative Records of the Council. 



356 



Resolves, etc. — 1777-78. [Chaps. 942-944.] 



that Daniel Hall & Cap* Spring be, with such as the Hon Board 
shall join, a Committee for the purpose aforesaid, any thing in the 
aforesaid Resolve to the contrary notwithstanding. 
In Council 
Read & Concurred and John Whetcomb Esq"" is joined. [Passed 
April 13. 



CHAPTER 942 



RESOLVE ON THE PETITION OF CAPT. JOHN JOSSELYN. 



Legislative 
Records of the 
Council, 
xxxviii., 432. 



On the Petition of Captain John Josselin, praying for part of 
the wages due to four soldiers in his company. 

Resolved that there be paid out of the Public Treasury of this 
State to Capt. John Josselyn, the sum of Six pounds, for the use 
of Zeeb Green, Elijah Houghton, Silas Spaulding and Joseph 
Priest, the four soldiers mentioned in said Petition, being the 
sum they are entitled to by a Resolution of this Court. [Passed 
April 14. 



CHAPTER 94 3 



RESOLVE IMPOWERING BENJAMIN PIERPOINT, EXECUTOR, TO SELL 

REAL ESTATE. 



Legislative 
Records of the 
Council, 
xxxviii., 433. 
Mass. 
Archives, 
ccxviii., 15. 

Mass. 
Archives, 
ccxviii., 16. 



On the Petition of Benjamin Pierpont of Roxbury in the 
County of Suffolk, Executor of the last will and testament of 
William Pierpont, late of said Roxbury deceased, praying to sell 
the real estate of said deceased's for reasons sett forth in said 
Petition. 

Resolved that the prayer of said Petition be granted and that 
the said Benjamin Pierpont, in his said capacity, be and is hereby 
impowered to make sale of the real estate mentioned in said Peti- 
tion for the most the same will fetch, and to make and execute a 
good deed or deeds to the purchaser or purchasers; he observing 
the rules in the law for the sale of real estate by Executors and 
Administrators, and giving bond to the Judge of Probate for the 
County of Suffolk, that the proceeds of said sale be applyed for 
the uses mentioned in the Petition; viz. one third of the interest 
to be paid annually to the said Mary Leonard during her natural 
life as her dower, and the other two thirds to be put out to inter- 
est for the use of said minor, & after his mother's decease the 
principal of her third to be to said minor. [Passed April I4. 



CHAPTER 944 



RESOLVE FOR ENLISTING A GUARD FOR THE POWDER HOUSE IN 

WATERTOWN. 



Legislative 
Records of the 
(Council, 
jfxxviii., 434. 
Mass. 
Archives, 
ccxviii., 17. 



Resolved that Cap* Jonathan Brown be a Committee to inlist 
seven men out of the Militia in Watertown or the Towns adjacent, 
to serve as a guard to the Powder House in said Town for the 
space of three months, unless sooner discharged by order of the 
General Court; said guard to consist of one corporal and six 
privates, to be allowed as follows, Viz. the corporal Fifty two 
shillings per calendar month and the privates Forty eight shillings 
per month and rations as has been accustomed. [Passed April 14- 



[6th Sess.] Resolves, etc. — 1777-78. 357 



CHAPTER 945. 

RESOLVE DIRECTING ATTORNEY GENERAL TO PROSECUTE SUN- 
DRY PERSONS FOR HIGH TREASON. 

Whereas there is now confined in the goals in the Counties of i^lords'of the 
Hampshire & Berkshire, sundry persons who were taken with our Council, 
enemies & in arms against the United American States; and it Mas7."'' 
being of great importance to these States that such parricides ^x'v^^'^^ig 
should receive adequate punishment: Therefore ' 



Resolved that the Attorney General of this State be and he Archives, 
hereby is directed at the next Superior Court of Judicature &c, to <'*'^^'> '^• 
be holden at Northampton within & for the Counties of Hamp- 
shire & Berkshire, to bring forward process for High Treason 
against all such persons, inhabitants of this State, as have been 
taken in arms with the enemies of these United States, and are 
now confined in the goals in the Counties of Hampshire & Berk- 
shire. And the Justices of said Court are hereby directed to hear 
and determine thereon agreeable to the Act of this State against 
Treason &c. [Passed April 15.^ 



CHAPTER 946. 

RESOLVE PROVIDING THAT CERTAIN PROPERTY IN RUTLAND BE 
LEASED TO MAJ. GEN^ HEATH. 

The Committee of both Houses appointed on the letter of ][^^|j®rds'of the 
Major General Heath and the papers accompaning the same have Council, 
attended that service and beg leave to report the following Re- Masr"''*^^' 

solve which is Submitted. Archives 

_ _ ^ , ccxviu., 20. 

Moses Gill © order. 

, , Mass. 

Resolved that Major Daniel Clap, Agent on the estates of John Archives, 
Murray Esq'' and Daniel Murray, both late of Rutland in the '^'^^^"'•• 
County of Worcester, Absentees, be and hereby is directed to 
lease out to Major General Heath, or to such person as he shall 
appoint for that purpose on reasonable terms, all the lands and 
buildings lately owned and occupied by the said John Murray 
and Daniel Murray in Rutland aforesaid, excepting the dwelling 
House now improved as a tavern by M"^ Joseph Wood and the 
land and building thereto belonging. 
In Council 

Read & Accepted 

In the House of Representatives 

Read and concurred. [Passed April 15. 



CHAPTER 947. 

RESOLVE DIRECTING THE TOWN OF WARD TO FURNISH ITS PRO- 
PORTION OF CONTINENTAL SOLDIERS, ETC. 

Whereas this Court has incorporated part of the Towns of Legislative 
Worcester, Sutton, Oxford and Leicester, into a Town by the councif,° 
name of Ward: and whereas the Towns they are taken from as mSs'""*^^' 
aforesaid, stand charged with their full quota of Continental men Archives, 

ccxviii., 27. 
' This date is April 14 according to Legislative Records of the Council. 



358 



Resolves, etc. — 1777-78. [Chaps. 948, 949.] 



and all draughts that have been already ordered, and also for their 
proportion of eloathing for the army that has been ordered by this 
Court : 

Resolved that the persons that did belong to the several Towns 
that are sett off to said Town of Ward, shall find and provide 
their full proportion of Continental men, eloathing and utensils, 
according to the number taken from each Town by such new in- 
corporation; each of the said Towns of Worcester, Sutton, Oxford 
& Leicester, giving an account of the number taken from each 
Town to the Selectmen or Town Clerk that may be chosen for said 
Town of Ward, agreeably to the returns made by Order of Court 
in January, 1777, that said Town of Ward may know how many 
men and eloathing is their just proportion; also 

Resolved that the s'^ Town of Ward pay their just proportion 
for Representatives pay to the respective Towns they belonged 
to before incorporated as aforesaid, their being thus incorporated 
notwithstanding. [Passed April 15. 



CHAPTER 948. 

RESOLVE PERMITTING CAPT. WILLOE AND FAMILY TO PROCEED 

TO HALIFAX. 



Legislative 
Records of the 
Council, 
xxxviii., 437. 
Mass. 
Archives, 
ccxviii., 26. 

Mass. 
Archives, 
ccxviii., 24, 25. 



On A Letter from Major General Heath, informing the Court 
that Captain Willoe of the S*"" British Regiment has the permis- 
sion of Congress to go to Canada by way of Hallifax, & that he 
waits the necessary orders of this Court: 

Resolved that Capt Gordon of the Schooner Industry have leave 
to proceed to Hallifax & to take on board the said Capt Willoe & 
his family, he the said Willoe paying the hire and all other charges 
attending the said vessel. 

And that the Hon*^^® Council be and hereby are desired to give 
the necessary orders and instructions to the said Capt Gordon, 
respecting his conduct during his voyage to Hallifax as aforesaid. 
[Passed April 15. 



CHAPTER 949 



RESOLVE ON THE PETITION OF JAMES SHAPLEIGH. 



Legislative 
Records of the 
Council, 
xxxviii., 437. 
Mass. 
Archives, 
ccxviii., 28. 

Mass. 
-Archives, 
cxliii., 254; 
ccxviii., 29. 



On the Petition of Lieut James Shapleigh of Cap* Esaias 
Prebble's company of Militia doing duty at Winter Hill, praying 
for a number of Fire Arms for the use of said company. 

Resolved that the Board of War be and they hereby are ordered 
& directed to deliver the said Lieut James Shapleigh eighteen Fire 
Arms, he the said Lieut James Shapleigh giving his obligation to 
return the said arms in good order as received to the said Board 
of War, or their order, on or before the Third day of July next, 
except such and so many of said arms as the men for whose use 
they are wanted shall chuse to purchase; which guns the Board of 
War are hereby impowered to sell them at such price as they, the 
said Board of W^ar, shall judge reasonable; and the Captain of 
the company or comman<ling officer is hereby directed to make 
such stoppages on his muster-roll from those men who keep any 
of Said guns, as the price of said guns are set at by the Board of 
War, and the sum of three shillings for the use of each one which 
shall be returned. [Passed April 15. 



[6th Sess.] Resolves, etc. — 1777-78. 359 



CHAPTER 950. 

ORDER ON THE PETITION OF ABIGAIL STORY AND FRANCIS 

MARSHALL. 

On the Petition of Abigail Story and Francis Marshall, Ad- jf^^^^'ds'^l 
ministrators on the estate of Francis Marshall, late of Boston, Council, 

deceased, praying that the Court would grant them liberty to ^^^^^^■' ^^^- 

bring forward a writ of review of an action therein mentioned, 
which was some time about the year seventeen hundred and sev- 
enty four, commenced against them by John Sergeant of Chelsea. 

Ordered that the petitioners notify the adverse party by serving 
them with a copy of said Petition and this Order fourteen days 
before the second Wednesday of the next sitting of the General 
Court; that they shew cause, if any they have, on the said second 
Wednesday of the next sitting of the General Court, why the 
prayer of the Petition should not be granted, and in the mean time 
execution of the within mentioned judgment of Court is hereby 
ordered to be stayed. [Passed April 15. 



CHAPTER 951. 

RESOLVE ON THE PETITION OF CAPT. JOSIAH KEITH AND OTHERS. 

On THE Petition of Cap* Josiah Keith and others, praying that Legislative 
Brigadier George Godfrey Esq"", may not settle the dispute betwen councif," ^ ^ 
the several Captains in the Town of Easton relative to their mIs^""*^^" 
return of soldiers in the Continental service. Archives, 

Resolved that the prayer of the Petition be so far granted that '''^^^"'•' ^ • 



Brigadier George Godfrey Esq^ is hereby ordered to appoint a ^^chives, 
further time for the hearing the parties mentioned in said Peti- ccxviii., 32, 33 
tion, notwithstanding the Order of the General Court of April y^ 
[fourth]^ instant; and that Coll Benj'* Gill of Stoughton, & Capt 
Barnabas Howard of Bridgewater, be a Committee to join with 
s'* Brigadier Godfrey to hear and determine all matters in dispute 
relative to the returns of Continental soldiers returned by the sev- 
eral Captains in the Town of Easton, and the determination of 
any two of the Committee shall be final, and the commanding 
officers of each company are hereby ordered to govern themselves 
accordingly and make up their deficiency of soldiers in the Con- 
tinental Army immediately. [Passed April 16. 



CHAPTER 952. 

RESOLVE ON THE PETITION OF ANDREW DEWING. 

On THE Petition of Andrew Dewing. 

Resolved that the Guardians of the Natick Indians be, and they Legislative 
are hereby impowered and directed to repay to the said Andrew Records of the 
Dewing, so much of the proceeds of the sale of thirty two acres xyx\'iii.,'439. 
and an half of land which Benjamin Wiser sold to the said Andrew, Archives, 
as remains in their hands; and the said Guardians are further ccxviii., 42. 
impowered and directed to examine into the claims to the estate Mass- 
of Samuel Tobumso, and so far as it shall appear to them just ccsv-iiiris. 
and reasonable, they are ordered and directed to pay to the said 
Andrew. [Passed April 16. 

1 Inserted from Legislative Records of the Council. 



360 



Resolves, etc. — 1777-78. [Chaps. 953-955.] 



CHAPTER 953. 



Legislative 
Records of the 
Council, 
xxwiii., 440. 
Masa. 
Archives, 
ccxviii., 44. 

Masa. 
Archives, 
ccxviii., 45. 



RESOLVE REQUESTING THE COUNCIL TO SEND WILLIAM HOSWELL 
AND FAMILY TO HALIFAX. 

On the Petition of the Select Men of the Town of Abington, 
praying that William Hoswell and family, lately ordered by this 
Court to said Town, might be removed for the reasons sett forth 
in said Petition 

Resolved that the Hon''^'' Council be requested to send the said 
Hoswell, with his family and effects, to Hallifax in the first Cartel, 
with such orders as the Hon*^^^ Council shall think fitt to injoin 
on him. [Passed April 16. 



CHAPTER 954. 



Legislative 
Records of the 
Council, 
xxxviii., 440. 
Mass. 
Archives, 
ccxviii., 46. 

Mass. 
Archives, 
ccxviii., 47, 48. 



RESOLVE IMPOWERING HANNAH ROSS TO SELL HER THIRD PART OF 
THE ESTATE OF THOMAS ROSS, DECEASED. 

On the Petition of Hannah Ross of Billerica in the County of 
Middlesex, widow, praying to have liberty to sell her third part 
of the real estate of her late husband Thomas Ross of said Bil- 
lerica, deceased, for the reasons sett forth in said Petition. 

Resolved that the prayer of the petition be granted and that the 
said Hannah Ross be, and is hereby impowered to make sale of 
her thirds of the real estate mentioned in said Petition, under the 
inspection of the Selectmen of Billerica for the most the same 
will fetch, and to make and execute a good deed or deeds to the 
purchaser or purchasers; they observing the rules in the law for 
the sale of real estates by Executors and Administrators, and giving 
proper security to the Town of Billerica that the proceeds of said 
sale be applyed for her support during her natural life and the 
remainder, if any there be, to be divided amongst the lawful heirs. 
[Passed April 16. 



CHAPTER 955. 



I/3gislative 
Records of the 
Council, 
xxxviii., 441. 
Mass. 
Archives, 
ccxviii., 49. 

Mass. 
Archives, 
ccxviii., 50. 



RESOLVE IMPOWERING SAMUEL WHITE, ADMINISTRATOR, TO SELL 

REAL ESTATE. 

On the Petition of Mary White, widow of Ebenez"" White, 
late of Acton in the County of Middlesex, deceased, praying that 
the real estate of the s'^ Ebenezer may be sold for reasons set forth 
in said Petition. 

Resolved that the prayer of said Petition be granted and Samuel 
White, Administrator on said estate, be and he hereby is im- 
powered, in his said capacity, to make sale of the real estate of the 
said Ebenezer for the most it will fetch, and to make and execute 
a good deed or deeds of the same to the purchaser or purchasers; 
he observing the rules of the law for the sale of real estates by 
Executors and Administrators, and giving bond to the Judge of 
Probate for the County of Middlesex, that the proceeds arising by 
said sale be disposed of according to law. [Passed April 16. 



[6th Sess.] Resolves, etc. — 1777-78. 3G1 

CHAPTER 956. 

RESOLVE FOR SUPPLYING COL. JONATHAN REED WITH FIRE ARMS. 

Resolved that the Board of War be & hereby are directed to Legislative 
deliver Coll Jon'' Reed, a number of fire arms & cartridge boxes, councif, °^ ^''^ 
not exceeding seventy, for the use of those of the militia from the xxxviii.,'441. 
County of Barnstable who shall join his regiment & are destitute Archiyea, 
of said articles, he taking a receipt of each man to whom they 
shall be delivered. And it is further 

Resolved that the sum of Four shillings shall be stopped out of 
each man's wages for the use of said gun & cartridge box during 
the term of his present engagement; and in case at the end of 
said term such gun or cartridge box shall not be returned, the sum 
or sums at which the Board of War shall set them respectively, 
shall be stopped out of his or their wages. 



ccxviii., 40. 



CHAPTER 957. 

VOTE ON REPORT OF COMMITTEE ON THE PETITION OF ALEX- 
ANDER SHEPARD, JR., AND OTHERS. 

The Committee of both Houses on the Petition of Alexander Legislative 
Shepard Jun'' & others, inhabitants of the westerly part of the counctf "^ *^* 
Town of Newton, praying that they may be impowered to draw xxxviii.,'439. 
out of the Treasury of said Newton, a sum of money sufficient to Archives, 
support the Gospel in said westerly part of said Town, be abated ccxvm., 34. 
their ministerial Taxes, or be set off a Parish. 

Having been to said Town, heard both parties by their re- 
spective Committees & viewed the premises, beg leave to Report, 
as our opinion, that the petitioners, with their estates, be set off a 
Parish and endowed with all Parish privileges, together with such 
other persons & their estates, who are intermixed with them & 
shall desire it, within six months after the said petitioners, be set 
off as aforesaid. 

All which is submitted. 

John Whetcomb ^ order 
In Council 

Read & Accepted and thereupon 

Ordered that the petitioners have liberty to bring in a Bill for 
the purposes mentioned on the above report. 
In the House of Representatives 

Read & concurrd. [Passed April 16. 



CHAPTER 958. 

RESOLVES ON THE PETITION OF BRIG. GEN. JOHN GLOVER. 

On a Petition of Brigadier General Glover, praying for direc- Legislative 
tions respecting sundry Accounts brought in against him for sup- Records of the 
plies to, and damages done by the Troops of the Convention on xx°xviii^'434. 
their march from Saratoga. Archives 

Resolved that Brigadier General Glover be & hereby is advised to ccxviii., 51. 
discharge such & so many of the Accounts exhibited against him Mass. 
for damages done to sundry inhabitants of this State by the 4x'^.r52, 53. 



362 



Resolves, etc. — 1777-78. [Chaps. 959, 960.} 



Troops of the Convention of Saratoga in their march to 
Cambridge, as shall appear to him to be just; s'^ Accounts to be 
certified by the Selectmen or Committees of Correspondence &c, 
or the major part of them, in the several Towns where said 
damage was done or the oath of the party from whom said articles 
were taken. 

Resolved that General Glover be and he hereby is also advised to 
pay so many of the inhabitants of this State as have had articles 
taken from them by the s^ Troops in their march afforesaid, the 
value of such articles to be fixed by the Selectmen of the several 
Towns from whence said articles were taken; provided the person 
or persons so suffering make satisfactory evidence that the articles 
were so taken & carried off by said Troops, and if in case satis- 
factory proof is not made as afforesaid, said Glover is hereby 
advised not to discharge them. [Passed April 17.^ 



CHAPTER 959. 



RESOLVE IMPOWERING EZRA WOOD, ADMINISTRATOR, TO SELL 

REAL ESTATE. 



Legislative 
Records of the 
Council, 
xxxviii., 442. 
Mass. 
Archives, 
ccxviii., 75. 

Mass. 
Archives, 
ccxviii., 76. 



On the Petition of Ezra Wood, Administrator on the Estate of 
James Hayward, late of Douglas in the County of Worcester and 
State aforesaid, praying for liberty to make sale of the real estate 
of the said James Hayward. 

Resolved that the said Ezra Wood, in his said capacity, be and 
he hereby is impowered to make sale of the real estate of the said 
James Hayward for the most y*" same will fetch, and to make aijd 
execute a good deed or deeds to the purchaser or purchasers for the 
same; he observing the rules in the law for the sale of real estate 
by Executors and Administrators, and giving bond to the Judge 
of Probate for the County of Worcester, that the proceeds of said 
sale be disposed of according to law. [Passed April 17. 



CHAPTER 960 



RESOLVE ON THE PETITION OF SAMUEL LANGDON, PRESIDENT OF 
HARVARD COLLEGE. 



Legislative 
Records of the 
Council, 
xxxviii., 443. 
Mass. 
Archives, 
ccxviii., 95. 

Mass. 
Archives, 
ccxviii., 92. 



On the M