ARCHIVES
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STATE mm PF mmm;
JUL 291956 '"'^^
&ATI. WQUbE, BOSJON
•^^r
'^<^
THE
ACTS AND RESOLYES,
PUBLIC AXD PRIVATE,
OF THE
Province of the MASSAOHUSEns Bat:
TO "WHICH ARE PREFIXED
THE CHARTEES OF THE PROVINCE.
•WITH
HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX.
Published under Chapter 87 op the Resolves op the General Court
OP THE Commonwealth for the Year 1867.
Volume YII.,
BEING VOLUME II. OF THE APPENDIX.
containing
RESOLVES, ETC., 1692-1702.
BOSTON:
WRIGHT & POTTER PRINTING CO., STATE PRINTERS,
18 Post Office Square.
1892.
ADVERTISEMET^T
The preface to the first volume of the appendix* (volume VI.), which will
embrace all the private acts of the province from June, 1692, to October, 1780,
will give the plan of aiTangement of the resolves in this collection, and the reasons
for adopting it, and will explain the appearance of the present volume out of its
order in the series.
A. S. ^HEELER,
' WM. C. WILLIAMSON,
A. C. GOODELL, Jr.,
.Commissioners.
Boston, August, 1892.
* See Province Laws, vol. 1., preface, p. xxviii.
PROCLAMATION, ORDERS,
VOTES, RESOLVES,
ETC.,
Passed 1692—3.
m
LEGISLATIVE LIST
FOR
1692-3.
His Excellency SIR WILLIAM PHIPS, Knt.,
Captain-General and Governor-in-ciiief in and over the Province ok
THE Massachusetts Bay in New England ; Lieutenant and Commander-
in-chief OF THE MILITIA, FORCES, FORTS AND PLACES OF STRENGTH WITHIN
the SEVERAL COLONIES OF CONNECTICUT, RhODE IsLAND AND PROVIDENCE
Plantation, the Narragansett Country or King's Province, ani> the
Province op New Hampshire ; and Vice- Admiral within the Province
and territory of Massachusetts Bay, and the sea parts belonging
and adjoining thereto.
WILLIAM STOUGHTON, Esq.,
Lieutenant- or Deputy-Governor of the Province of the Massachusetts Bav,
AND Deputy-Lieutenant of the militia within the whole territory and
dominion of New England in America.
ISAAC ADDINGTON, Esq.,
secretary of the province.
COUNCILLORS OR ASSISTANTS.*
Of the inhabitants of, or proprietors of lands within the territory formerly called
the Colony of the Massachusetts Bay: —
Simon Bradstreet, Esq., f James Russell, Esq.,
John Richards, Esq., Samuel SeWall, Esq.,
Nathaniel Saltonstall, Esq., Samuel Appleton, Esq.,
Wait Winthrop, Esq., Bartholomew Gedney, Esq.,
John Phillips, Esq., John Hathorne, Esq.
* For this year the Lieutenaut-Goveruor sat and acted with the Council as a member, ex officio : in
subsequent years, he was regularly elected a councillor.
Though this distribution of the councillors is not expressly made in the charter, it is probable that they
were selected to represent the several territorial divisions under which they are here grouped. Mason
does not appear to have been a proprietor of land in New England at that time, but at a later date he
was seized of lands in Massachusetts : Hutchinson thus accounts for his being appointed to the Council :
" Mason was a merchant in London, a zealous man in the cause of New England, and I suppose his name
was inserted in the charter from mere respect and gratitude, for he never came to New England." — Hist.
Mass., ed. 1795, vol. 2, p. 21, note.
This last statement appears to be incorrect; for, in the notarial record of John Hay ward, of Boston,
notary public, in the library of the New England Historic-Genealogical Society, is recorded a power of
attorney to Mason from his brother John, in London, dated September 28, 1686, in which the former is
described as of "Boston in New England, in parts beyond the seas, merchant." And see Whitman's
History of the Ancient and Honorable Artillery Company.
The choice of two councillors at large though regularly made from ths beginning, was first recorded in
1701, — one councillor at large having been chosen the previous year. See resolve, 1700-1, chapter 1, note,
post.
t Bradstreet did not take the qualifying oaths, and never sat in the Council.
[5]
6 Province Laws {Besolves, etc.). — Ud2-^. [Representatives.]
Elisha Hutchinson, Esq., Adam Winthrop, Esq.,
Robert Pike, Esq., Richard Middlecott, Esq.,
Jonathan Corwin, Esq., John Foster, Esq.,
John Joyliffe, Esq., Peter Sergeant, Esq.,
Joseph Lynde, Esq.
Of the inhabitants of, or proprietors of^ lands within the territory formerly called
New Plymouth : —
Thomas Hinckley, Esq., * John Walley, Esq.,
William Bradford, P^sq., Barnabas Lothrop, Esq.
Of the inhabitants of, or proprietors of land within the territory formerly called
Ihe Province of Maine : —
Samuel Hayman, Esq., Job Alcock, Esq.,
Samuel Donnell, Esq.
Of the inhabitants of or proprietors of land within the territory lying between the
river of Sagadahoc and Nova Scotia : —
SiLVAXus Davis, Esq.
For the Province, at large : —
Stephen Mason, Esq.*
REPRESENTATIVES or DEPUTIES.f
June. 8, 1692 to March 17, 1692-3.
Mr. WILLIAM BOND, Si'Eakior.
County of Plymouth. County of Vh\siovni — Concluded.
Plymouth, Mr. Ephraim Morton, Bridgewater, Mr. Davkl Perkins,
Mr. John Bradford. Mr Josiali Edson.
Marshfeld, Capt. Nathaniel Thomas, Middleborouyh, Mr. John Tomson,
Lieut. Isaac; Little. ]\Ir. Isaac Ilowland.
Duxbury, Mr. John Wadsworth, County of Essex.
Mr. Edward Southworth J ^^^^^^^ ^^p^ j^j^^^ Ilicr^nnson,
Scituaie, Mr. John Cushmg, Capt Samuel Gardner.
Mr. Samuel Clap.
* These persons did not take the qualifying oaths, and never sat in the Council.
t By the charter the freeholders atul inhaljitants of the several " townes or places " in the province
vyere empowered to elect and depute two persons, and no more, to serve for and represent them, resiwct-
ively, in the General Court; l)ut since, l.y the same instrument, the legislature was authorized to change
thisiiumber, advantage was taken of this provision in subsequent years to vary the nunilier and proportion
of the deputies.
It has not been found practicable to ascertain how many or the elected deputies, if any, failed to attend ;
Ijutit is certain that all those whose uames are in the above list appeared and subscribed the qualifying
oaths at the beginning of the session except Rowland, of Middleborough ; Baker, of Topsfield ; Lane, of
Maiden; Stevens, of Stow; Henchman, of Dunstable; Barnard, of. Deerfield; Thacher, of Yarmouth ;
Rowley, of Succauesset; Allen, of Dartmouth; Winslow and Gardner, of Freetown; and Gayer, of Nan-
tucket." Nothing has been discovered to show that either of the persons last named acted as representatives
during the year.
In the lists as here printed the surnames of the representatives are generally speUed as tbey appear in
the autograph signatures in the archives : the exceptions are noted.
t Abbreviated " Southw : " in the signature.
[Uei'uesentatives.J PiiOviNCE Laws {Jie.solves, elc). — 1(592-8.
County of Essex— Concluded.
Lyrm, Capt. John Hurrill, jim ,
Lieut. J(j]in Fuller.
Marblehead, Capt.Niitliaiiiel Norden,
Mr. John Browne.
Beverly, Mr. Peter AVoodliery.
Wenhcim, Ensio;'n Walt(M- Fayerfiekl,
Mr. Tlioma.s Tateh.*
Ipswich, Mr. Nehtiiniali Jewet,
]\Ir. William Goodhcw. jun.
Manchester, Mr. Thomas Tewxbery.
Gloucester, Mr. William Sargant,
Mr. William Stevens.f
liowlty, Mr. Ezekiel Jewet,
Lieut. John Dresser.
Boxford, Lieut. John Pebody,
I^ieut. Thomas Perley.
Topsfield, Lieut. Thomas Baker %
Neiobury, Capt. Daniel Peirce,
Cai)t. Thomas Noyes.
Lieut. Henry True,
Mr. Jacob iNIorrill.
Salisbury,
Amesbury,
Haverhill,
Bradford,
Andover,
Capt. Thomas Harvey,
Lieut. Thomas Sarsrent.
Capt. George Browne,
Ensign Samuel Hucthins.**
Mr. David Haseltine,
Mr. John Tennie.
Capt. Dudley Bradstreet,
Mr. John Erie.
County of Middlesex.
Charlcsloion, Mr. Jacob (!reene,
]\Ir. Samuel Phipps.
Cambridge, Mr. Samuel Chamne,
Mr. Thomas Oliver.
WatcrLown, l\Ir. William Bond,
Lieut. Benjamin Gearfield.
Maiden, ]Mr. Job Lane,
Mr. John Green.
Medford, Maj. Nathaniel Wade,
Lieut. Peter Tufts.
Woburfi, Lieut. James Convers,
Mr. ]\Iathew Johnson.
Reading, ]\lr. Nathaniel fioodwin,
Mr. Benjamin Fitch.
Billeric'a, Capt. Ralph Hill, "*
Lieut. Joseph Tompson.
Chelmsford, Mr. Cornel i us . WaUlo,
Mr. Nathaniel Hill.
Concord, Mr. Jonathan Prescott,
County
OF Vlnnn.v,iiEyi — Concluded.
Sudbury,
Capt. Thomas Browne,
Capt. John (ioodcmow.
Groton,
Mr Nathaniel Lawrance,§
Mr. John Page.
Stow,
Mr. Thomas Stevens,
Mr. Jabez; P>rowne.
Dunstable,
Mr. Jonathan Tyng,
Maj. Thomas Henchman.
Lancaster,
Mr. John Moor, ||
jNIr. John Houghton.
Marlborough,
Mr. John Brigiiam,
Mr. John Barns.
Sherborn,
Mr. John Death.
Newton,
Mr. Isaac Williams,
Mr. John Ward.
County of Suffolk.
Boston,
Capt. Penn Townsend,
Capt. Theophilus Frary.
Roxbury,
Mr. William Denison,
Capt. Samuel Kuggles.Tf
Dorchester,
Capt. Samuel Clap,
Mr. Timothy Tilestone
Milton,
Capt. Thomas Vose,
Lieut. Thomas Swift.
Brainlrce,
Maj. Edmund Quinsey,
Mr. Alexander Marsh.
Weyinouth,
Capt. John Holbrooke,
Mr. John Ptogers.
Hingham,
Lieut Jeremiah Beale,
Mr. David Hobort.**
Hull,
Mr. John Loring.
Dedham,
INIr. Puchurd EUice,
Mr. Thomas Metcalfe.
Medfield,
jNlr. Edward Adams,
Mr. John Harding.
Mendon,
Capt. Josiah Chapin,
Lieut Samuel Ptcad.
Wrentham,
Dea. Samuel Fisher,
Mr. Cornelius Fisher.
Woodstock,
Mr. William Bartholomew
Northampton,
Hadley,
Springfield,
Mr. Nathaniel Johnson.
County of Hampsiiiue.
Mr. Joseph Hawley,
]\Ir. ]\Iedad Pomry.
]\Ir. Timothy Nash,
Mr. Daniel ^Lirsh.
Mr. John Holyoke,
Cajit. Andrew Belcher.
]\Ir. Henry Woodis.
* Patch's term of service ended with the first session ; the town voting on the fifth of October, that
Fairfield " attend the remainder of this session, and no other."
t " Stevries ", in the signature.
X Elected, but he does not appear to have taken the oath, and his name is not in the Secretary's list,
See note to this name in 1693,;jos<.
^ The signature is doubtful ; it may be " Laurance."
II Or, possibly, " Moore."
t Ruggles died Aug. 1.'), 1692, having served twenty-two days.
** Sic.
8 -Province luAWS (Resolves, etc.). — lQ^2-d. [B.epresentatives.]
County op Hampshire — Concluded.
Hatfield, Mr. Eleazer Fraiy,
Mr. Samuel Fartrigg*.
Wesijield, Mr. David Ashley,
Mr. Thomas Noble.
Deer/leld, Lieut. Jonathan Wells,
Mr. Joseph Barnard.
County of York.
York, Mr. Jeremiah Molton,
Mr. George Turf rey.
Eittery, Mr. James Emmerey,
• Mr. Benoni llodsdon.
Wells, Mr. Eliakim Hutchinson,
Mr, John Wheelwright.
Isles of Shoals, Mr. Roger Kelley,
Mr. William Lakeman.
County of Barnstable.
Barnstable, Capt. John Goreham,
]\Ir. John Otis.
Sandwich, Capt. Thomas Tupper,
Mr. Shearjashub Bourne.t
Yarmouth, Capt. John Thacher,
Mr. Jeremiah Howes, jun.
Succanesset, Mr. ISIoses Rowley.
liochesler, Mr. Aaron Barlow,
Mr. John Hommond.*
County of Barnstable — Concluded.
Eastham, Capt. Jonathan Sparrow,
Ensio:n Jonathan Ranges.
Manamoit, Mr. Nicholas Eldredg,*
Mr. AVilliam Mitchel.
Bristol,
Rehoboth,
Swanzey,
Taunton,
Dartmouth,
Freetown,
County of Bristol.
INIr. John Saffin,
Mr. Stephen Bui'ton.
Mr. Christopher Sanders,
Mr. Samuel Peck.
Capt. John Brown,
Mr. Samuel Newman.
Capt. Thomas Leonard,
Mr. Nathaniel Williams.
Mr. Joseph Tripp,
Mr. Ebenezer Allen.
Mr. Job Winslow,
Mr. Samuel Gardiner.J
Little Compton, ]\Ir Henry Head,§
Mr. Daniel Wilcok.§
Island of Capawok alias Martha's
Vineyard.
Mr. Simon Athearn,
Mr. Joseph Norton.
Island of Nantucket.
Capt. John Gardner,
Mr. William Gayer.
SAMUEL PHIPPS, Clerk.
JAMES MAXWELL, Doorkeeper and Messenger.\\
* Sic. See this name m list of councillors, 1702, post.
t Or "Borne."
+ Possibl.v, " Gardner."
§ During the second sitting of the Court these representatives renounced their fealty to Massachusetts
and recognized the jurisdiction of Rhodo Island. See resolve, chap. 11, jmst.
II Until the appointnicut oC Henry Emmes as messenger to the representatives, Feb. 23, 1693-4, Maxwell
was the only oflicer in attendance upon the General Court and the Council.
PROCLAMATION, ORDERS AND VOTE
Passed at the Session begun and held at Boston,
ON the Eighth day of June, A. D. 1692.
CHAPTER 1.
A PROCLAMATION APPOINTING THURSDAY, THE FOURTEENTH DAY
OF JULY, 1692, AS A DAY OF SOLEMN THANKSGIVING.
At a great and Geuerall Court Assembled in the Province of y'
Massachusetts Bay in New P^ngland —
It haueing pleased Ahnighty God in his Rich Mercy to p'serue y^
p'"sons of theire Ma"*"', and to Contiuuue peace witliin y*^ three King-
domes As also to grant a Safe Arrivall to his Excellency Our Govern-
our and y" Reverend m! Increase Mather, who haue Industriously
P^ndeavourd the Service of this People, and haue brought over w""
them a Settlement of Goverment, in w'^'' theire Ma"'^' haue graciously
given us distinguishing IMarks of theire ' Royall ffauour & goodness.
It haueing likewise pleased God to vouchsafe a great measure of health,
a'nd Comfortable hopes of a Harvest, to lay Restraints upon our Ene-
mies and Signally to disappoint and defeat them in a late attaque upon
the Eastern parts.
It is ordered^ that Thirdsday the fourteenth day of July next be
kept as a Day of Solemn Thanksgiving unto God. For which end
all Servile Labour on that Day is hereby Inhibited, and y*" Seuerall
Ministers and Assemblys in this Province, are directed to pay y'' vows
of praise unto that God that heareth prayers. [^Apjyroved June 18.
CHAPTER 2.
ORDER APPOINTING A COMMITTEE TO REGULATE THE SETTLEMENT
OF BROOKFIELD, alias QUABOAG. {Approved June 18.
\_Printed toith resolves, order's, etc., relating to the establishment, etc.,
of towns, etc.~\
[9J
10 Province Laws (i?e6'0?ves e<c. ) . — 1692-3. [Chaps. 3-5. J
CHAPTER 3.
ORDER APPOINTING COMMITTEES TO AUDIT AND ADJUST THE AC-
COUNTS OF THE LATE COLONIES OF MASSACHUSETTS AND PLYM-
OUTH.
Ordered.
That James Russell and Joseph Lyncle Esq- m- James Taylor, m-
Thomas Brattle, Captain Andrew IJelcher & m- Samuel Chamnee, be
and hereby are Tmpowred a Committee to Audit and Adju.stall former
Accompts of Debts Ovveing from the late Massachusetts Colony. And
that John Walley and Barnabas Lathrop Ksq^ m' Isaac Little, Captain
Thomas Leonard, Captain W'" Bassett, m- John Bradford & n\^ Sam-
uel Sprague be and are alike Impowred a Committee to Audit and
Adjust all former Accompts of Debt Oweing from the late Colony of
New Plymouth unto the time of tlie arrival of his Ex*:-^ the Governo'
The said several Committees to make their Report to this Court, at
their next meeting that Consideration may be then had of proper meas-
ures to be taken for the discharge and payment of the just debts of
Each of s'-' Colony- respectiuely. And that the Accounts depending
between the said two late Colonies of the Massachusetts and New
Plymouth be adjusted and setled by the late Commissioners of ^said
Colonies of the Massachusets & Barnabas Lothroi) & John AValley
Esq" for Plimouth Colony [^Approved June 30.
CHAPTER 4.
ORDER REAPPOINTING THE COMMITTEE TO RECEIVE OF THE TREAS-
URER AND TO DESTROY THE COLONIAL BILLS OF CREDIT.
Ordered y'Capt Joseph Lynde INF John Foster «fc Capt Sam" Ruggles
Continue a Coinitte as formerly to take in & Rcceiue of y'^Treasurr
those Bills of Credit that are brought into y'' Treasury and giue him
receipt thereof, and to Cause them to be burnt, acccrding to a former
act of Court — \^Approved July 1.
CHAPTER 5.
VOTE FOR REGULATING FEES.
THE SECRET ARYS FFEES.
lb 8 d
A Pass or Sea Brief es & Scales . . . . . 00 . 0.5
Bill of health 00.05.0
Speciall AVarraut or IMittimus, by order of Gov' '-^ 1 nn n >
Councill each * |UO.o:i.b
* After this item in the original draft of this vote the following entry was made and
marked dele, as in the margin : —
, X Every lycence for ordinarys, to be accounted for by the Clerlic of S'' ) oo 00
Ooui't ..... ........ \
[1st Sess.] Pkovincte Laws (liesolves etc.) . — 1(502-3.
11
COS. of )
ffor Comissious under the great Seale for places
proffit .......
ffor CoiTiissions for Gcnerall oOicers
ffor Coinissioiis for field oflicers .
ffor other C'oinissions for officers .
ffor Bonds .........
P^very oath for one or more depositions taken before )
the Govo"" . . . . . . . • )
ffor Every order of Councill to the benefit of ,g)ticuler )
■Ipsons . , . . . . , , . j
Petition to the Govo"" & Council, according to the Im-
port, from — 2y(]'' to 10" —
Ingrossing acts, & Transcribing the acts of the assem-
bh^ e:ich Thirty lynes, Conteyning Eight words in a
line. D- or [)roportionabIe —
Comissions, for each County for the Justices
lb
00.
s d
10
00-0.3-0
00.
00.
02.00
01-0
00.05
00-10 -
CORONERS FFEES.
ffor taking Every Inquisition, to be paid out of the
estate of the deceased . . . . . .
If noe Instate, then to be paid by the County Treasurer,
00
00
,13.4
,0G:8
JUSTICES FFEES.
Every attachment or Sumons for actions not exceed- ) r,r, f\n n
• Ans r 00-00 6
mg 40' . . . . . . . . . j
Subpoina each witness . . . . . . 00.00.2
Entring the action . . . . . . . 00.03.0
Every Execution . . . . . . . 00.02.0
ffiling papers, each paper . . . . . . 00.00.2
Every Warrant for Criminalls . . . . . 00.01.0
Coppie of a Judgment . . . . . . . 00.00 6
Every Recognizance . . . . . . . 00.02.0
Confessing Judgment . . . . . . . 00.01
Affidavit out of Court 00.01
Each days attendance at the sessions to be paid out of ) nn n- r.
^.l r. '' '■ V 00.0;):
the fines ......... j
Bond for appeale . . . . . . . 00.01:0
Coppie of Evidences the least . . . . . 00.00.6
Taking an acknowlidgment of a deed . . . . 00.01.0
ffor Marriages 00.03 :
July : 2;' 1692. These Read in this house of Rep'sentatiues w"' those on .y^ Contrary
side three times and
voted past in y" Affirmatiue & Sent to his Exellency y' Goirn"'' & Councill for
Consent —
WiLLiAiM Bond Speaker
These Tiil:)lcs of ffeos Ijeing read Ijefore the Governor & Council are agreed, and con-
sented unto.
July. 2'i 1692. William Phip.s
12 Pkovince Laws {Resolves etc.) . — 1692-3. [Chap. (>.]
CHAPTER 6.
AN ORDER FOR PRINTING AND DISTRIBUTING THE ACTS PASSED BY
THE GENERAL ASSEMBLY.
Ordered by his Excellency the Governo"" Councill and Rei/sentatiucs
Convened in Generall Assembly That all those Acts that haue been
made and passed by this Generall Court or Assembly Since y*^ Sessions
thereof be forthw"' Printed for y*" Information of y^ Province, and y'
Each Town haue one of y* same \_Approved July 2.
[3d Sess.J PuoviNCE Laws {liesolves etc.). — 1692-3. 13
ORDER
Passed at the Session begun and held at Boston,
ON THE Eighth day of February, A.D. 1692-3.
CHAPTER 7.
ORDER FOR ALLOWING DEMURRAGE TO THE OWNERS OF THE SHIP
WALTER AND THOMAS IF DETAINED FOR THE PUBLIC SERVICE.
*
Upon reading the petition of Jeremiah Tay, master of the ship
Walter and Thomas, bound for London, in behalf of himself and
owners of said ship, therein setting forth that the said ship is now in
all respects ready to prosecute her intended voyage, praying that he may
be allowed demorage for so long a time as she shall be detained on the
public account, —
Ordered^ That the petitioner have his clearings on Monday next, the
13'*^ of February currant ; if, otherwise, the said ship be detained after
that day, for want thereof, that he be paid thirty shillings pe?* diem
demorage, to the use of the owners. [^Approved February 9, 1692-3.
14 Province Laws (7?e6-o^ves e^c.). — IG'J 2-3. [Chaps. 8-10.]
RESOLVES, ORDER, VOTE, ETC.
PA.SSKD AT THE SkSSION BEGUN AND HEED AT BoSTON
ON THE SECOiND DAY OF MaRCH, A. D. 1692-3.
CIIAPTEK 8.*
RESOLVE FOR INVITING INCREASE MATHER TO PREACH THE FIRST
ELECTION SERMON.
Resolved and agreed, l)y his ex'"-''- and council, tliat the rev'' M'-
Increase Mather be desired to preach a sermon unto the general
asseml)ly, at their nieetinjj; on the last Wednesday in May next, and
that John Kichards and thtit Samuel Sewall Esq"- acquaint him here-
with. \_Passed March 3, 1602-3.
CHAPTER 9.
RESOLVE FOR FITTING OUT A VESSEL TO CRUISE IN MARTHA'S VINE-
YARD SOUND, FOR THE SECURITY OF COASTING VESSELS. [Passed
March 7, 1002-3.
[^Printed in the note f to the act of December 11, 1693.']
CHAPTER 10.
AGREEMENT + BETWEEN THE COUNCIL AND REPRESENTATIVES AS
TQ PROCEEDINGS IN THE ANNUAL CHOICE OF COUNCILLORS.
Whereas by theire ]Maj'l>'i Royall Charter it is granted ELstablished «&
ordained that yearly, once in every year, on y'' Last Wedeusday of
* Thoiiiili this resolve was liy the Governor and Council alone, it was communicated to
the Ilouse.'and the whole Assembly attended to hear the sermon. This approval by the
representatives seemed to requn-e that it be made an exception to the rule excluding from
this collection all matters not jointly or concurrently voted upon. See resolves of 1693,
chap. 1, jiost.
t In the note referred to, this resolve is described as passed by the Governor and
Council, but as this is only a supposition the resolve is here included with the acts of the
whole Assembly, nothing appearing on the record to render this conclusion improbable.
+ This peculiar piece of legislation does not appear to have received the Governor's
eignature, although it was evidently drawn with that intention. Possibly it was finally
[4Tn Sess.J Province Laws {Resolves etc.). — 1092-3. ' 15
May, the number of Twenty Eight Councello''s, or Assistants Shall be
by y* Generall Court or Assembly newly Chosen, that is to Say,
Eighteen at least of the Inhabitants of or proprieto'^s of Land within
y" Territory formerly Called the Colony of y" Massachusetts Bay, And
four at y'' least of y" Inhabitants of or proprieto''s of Lands witliin the
Territory Called New Plimouth, and Three at y" least of y*" Inhabitants
of, or proprieto''s of Lands within y'' Territory formerly Called y" Prov-
ince of Maine, and one at y" least of y" Inhabitants of or proprieto''s
of Land witliin y*' Territory lying between y° River Sagadahock and
Nova Scotia It is Concluded and agreed, by y** Gouerno"' Councill &
Assembly that the Election be made as followeth, That there be a nom-
ination of Twenty Eight p'"sons for y° Inhabitants &c. of y" Massachu-
setts Colony by votes put in distinct papers, all in one List Clearly
distinguished, and no man Shall put in aboue one vote for one p''son.
And y'' like nomination of Seven p'"sons for y" Inhabitants of New Plim-
outh. And 3'" like nomination of six p'sons for y" Province of Maine,
and four for 3'" Inhabitants &c. lying between Sagadahock & Nova
Scotia {ayid all Lists that JUxceed y numbers aforesaid, or haue one
mans name more then once Shall be throion away*), those votes to be
gathered by y* Rep''sentatiues in theire house, and by y'' Gouerno'' and
Councill by them Selues, and all mixt on y* Councill Table. And
there Sorted by p''sons appointed thereunto by y^ Generall Assembly,
the first votes to be gathered Shall be y® 28 p"'sons for y** Massachusetts,
who Shall be put to vote the Election to be made by papers, and those
Eighteen y' haue most votes are to be Councello''s or Assistants, for
y^ year Ensueing, & untill others be Chosen in theire stead, and y'^ like
for Plimouth y" Province of Maine and Sagadahock, All w"''' Elected
p''sons are to be layd before his Excellency, the Gouerno"" for his Appro-
bation — {^Agreed to by both branches March 11, 1692-3.
CHAPTER 11.
ORDER FOR REDUCING THE LIMITS OF LITTLE COMPTON, AND FOR
CONFIRMING THE GRANT OF TOWN PRIVILEGES THERE, AND FOR
REGULATING THE CHOICE OF CONSTABLES, ETC., IN PUNCATEESE,
NUNAQUAKET AND POC ASSET. [Apprwed March 13, 1692-3.
[^Printed loith resolves, orders, etc.^ relating to the establishment^ etc..
of towns, etc.']
treated as a matter of parliamentary regulation between the two branches which did not
require the consent of the executive ; for it seems to have established the rule ever after fol-
lowed, and the minute concerning it in the records of the General Court is, " A conference
was had and agreement with the representatives al)out the method of proceeding for election
of councellors or assistants." — Vol. VI., p. 275.
* In the original, this clause in parentheses and Italics, is drawn through or underscored
with a pen ; but whether this was intended for emphasis or for cancellation is doubtful.
16 Province Laws (Resolves etc.) . — 1692-3. [Chap. 12.]
CHAPTER 12.
VOTE* FOR ALLOWING FOUR SHILLINGS PER DIEM TO THE COMMIS-
SIONERS APPOINTED UNDER THE ACT OF DECEMBER 15, 1692, FOR
REGULATING A FORMER ASSESSMENT, ETC.
The Hono'''' Gen" Co''te Haveing appointed Severall County Corais-
sion''s to pass into y" Severall Towns to Reveivef & bring in y^ Lists
of the Severall Towns The s^ Coraittees haveing Expended tyme &
Costs propose to y* Hono''ed Co'te that they may be allowed Out of the
publique Treasurie y^ Severall Sums affixed to y^ Severall p'sons that
have attended y* s*^ betrustment for y^ Beareing theire charges & tyme
P^xpeuded thereupon as ffolloweth
c;nffr,ii' I ^^P' ^^^ Townsend 10 days at 4' ^
ounoiK ^ ^, ^jj^^^ . Tilestone 10 days at 4» W
p I Cap' Sam" Gardner 14 days at 4« ^
-^ssex ^ j^, jjgj^g . jg^g^-t j4 (Jays at 4« ^
MMloooY I majo'' The Hinchraan 21 days at 4' ^
ivnaiesex ^ ^, Mathew Johnson 21 days at 4" ^
p,. „„, .1 } Cap' Xath' Thomas 14 dayes at 4' 4f
rinnoucn ^ ^, g^^^^,, ^j^^^^ ^^ ^^^^^ ^^ ^, ^
Barnstable I ^^P* '^^'^ = ^^PP^^" ^^ ^^^^^^ ^* *' "^
-r>_:„i.-ii ? Cap' John Brown 16 days at 4' ^'
linstou ^ ^, g^j^i, p^pj. jg ^.^yg ,^^ ^, _^
Hamoshire ^ °^' Joseph Hawley 18 days at 4" #»
nampsmre^ Sam" Partrigg 18 days at 4« <^
£
s
d
02
»»
00
00
02
»»
00
00
02
5>
16
00
02
H
16
00
04
?»
04
00
04
51
04
00
02
11
16-
00
02
11
16
00
03
11
12
00
03
1)
12
00
03
11
04
00
03
11
04
00
03
11
12
00
03
11
12
00
44 : 8 :
March 8"* 169| The aboves^ bill was Orderly reade in y* house of
Rep''sentatives & voted in y'' affirmative alloweing 4' W day to y* persons
abovenamed o^ Hono"* Govern"^ & Counsell Consenting thereto —
Voted in Council, to be paid by the respective Countys. \_Approved
March 17, 1692-3.
* Owing to the peculiar form of the entry of this vote in the records of the Council, and
" the ingenious disorder " of the state archives, which were difficult of access and without
a comiilete index when tlie first volume of this edition of the province laws was being com-
piled, the original of this "bill" was not discovered, and it was supposed, at that time,
to be an act the engrossment of which was lost. See vol. I., p. 787.
The compensation claimed by the commissioners was five shillings per diem. This was
reduced to four shillings, by the Assembly, and the items in the bill (at the foot of which
the above vote was minuted) were altered accordingly.
t Sic.
VOTES AND ORDERS,
Passed 1693.
[17]
4
LEGISLATIVE LIST
FOR
1693.
His Excellency SIR WILLIAM PIIIPS, Knt.,
Captain-Genkral and Governor- in-chief, etc.*
WILLIAM STOUGHTON, Esq.,
Lieutenant- or Deputy-Governor, etc.*
ISAAC ADDINGTON, Esq.,
SECRETARY of the PROVINCE.
COUNCILLORS OR ASSISTANTS.!
Of the inhabitants of^ or proprietors of, lands toithin the territory formerly called
the Colony of the Massachusetts Bay : —
William Stougiiton, Esq., Daniel Peirce, Esq.,j
Thomas Danforth, Esq., John Hathorne, Esq.,
John Pynchon, Esq., Elisha Hutchinson, Esq.,
John Richards, Esq., Samuel Sewall, Esq.,
Nathaniel Saltonstall, Esq., Isaac Addington, Esq.,
Wait Winthrop, Esq., William Browne, Esq.,
James Russell, Esq., John Phillips, Esq.,
Bartholomew Gedney, Esq., Jonathan Corwin, Esq.,
Robert Pike, Esq., John Foster, Esq.,
Peter Sergeant, Esq.
Of the inhabitants of, or proprietors of lands within the territory formerly called
New Plymouth : —
William Bradford, Esq., Barnabas Lothrop, Esq.,
John Walley, Esq., Nathaniel Thomas, Esq.,
John Saffin, Esq.
Of the inhabitants of or proprietors of land toithin the territory formerly called
the Province of Maine: —
Francis Hooke, Esq., Charles Frost, Esq.,
Samuel Donnell, Esq.
Of the inhabitants of or proprietors of land within the territory lying between the
river of Sagadahoc and Nova Scotia : —
SiLVANDS Davis, Esq.
* For the full title see p. 5, ante.
t In each of the lists of councillors which follow, until the year 1700, two councillors were chosen at
large, but are not so described in the record. See resolve, 1700-1, chapter 1, note, ;;osC.
X Chosen June 2, in place of Elisha Cooke, who had been negatived by the Governor.
[19]
20
Province Laws {Resolves, etc.). — 1093. [Rkpiiesentatives.]
REI'RESKNTATIVES on DEPUTIES.*
May 31, to July 15, 1693.
Mil. WILLIAM BOND, Spkakkr.
County ov Suffolk.
Boston, Mr. .lames Taylor,
('apt. Ponn Townsonfl,
Mr. -lolin Eyre,
Capt. Theophilu.s Prary.
Roxbury, Mr. William Dc^nison,
Capt. Thoma.s Dudley.
Dorchester, Mr. Enoch Wizell.f
Milton, Mr. Ceorge Sumner.
Braintrcc, ]\Ir. John Paxtisr.
Weymouth, ("apt. John Holbrooke.
Ilingham, I\fr. Nathaniel Beale.
Dedham, Capt. Timothy Dwight.
Mendon, Mr. Timothy Wintm*.
Wrenthnm, Mr. Sanuicl Pisher.
Oxford, T\Ir. Daniel Allin.
Medfield, Mr. John Harding.
County of E.sse.k.
Salem, Mr. r>cnjaniin lirowne,
Mr. William Hirst.
Mai'blehead, Cai)t. John Legg.
Lynn, Mr. John IJurrill, jun.J
Beverly, Capt. John Dodg §
Gloucester, Deaeon Jame.s Stevcnes.^
Uoniley, ('apt. Jo.suijh P.oynton.
Neruhnry, Capt. Tiiomas Noyos.
Salisbury, Lieut. John Allin.
Amcsbury, Mr. Thomas Stevens. ||
Tojisficld, Mr. Tliomas P.akerr**
Andovcr, Mr. C^hristopher (^.sgood.
Haverhill, Mr. Daniel Lad.f f
Bradford, Mr. John Tennie.Jf
fpsivich, Mr. Nchemiah Je\vet,55§
Sergeant Thomas Hart.
* By the act " for asecrtainini; tlic iiumlicr and rcsulatiiii; tlie House of Rcpre.'scntativcs ", passed Nov.
.30, 1G9'2 (cliaptcr 38), cvciy town in the province, containing "forty freeholders and other inhabitants
(inalificd by charter to elect", was required to choose and send one representative to the General Court;
and when the electors numbered one hundred and twenty, or more, the town was allowed two representa-
tives. Towns continuing thirty or more electors, but less than forty, were "at lil)erty to send one, or not";
and all towns containing less than thirty electors, were authorized to send one representative of the town,
or to "join with the next town in the choice of their representatives, thcj' paying a proportionable part of
the charge." No town, however, was permitted to send more than two representatives, except Boston,
which had the privilege of choosing and sending four. This accounts for the sudden decrease in the num-
ber of representative.^ chosen this year.
It will have Ijeen noticed that the towns represented in 1602-3 were arranged in the order of their resiwc-
tive dates of settlement. This was in imitation of the rule established by Massachusetts before the union
of the colonics under the province ch.arter. In the year 1G93, however, a new order of precedence was
ado))tcd, which was adhered to with occasi(mal variaiions until superseded by the present alphalKJtical
system. By this new rule SulTolk (^ounty took the lead, instead of Plymouth ; then Essex and Middlesex
followed, Ijeforo Plymouth. After Plymouth, came the remaining coimties of the Massachusetts Colony —
Hampshire and York, followed by Barnstalile and Bristol, which had been part of the colony of New
Plymouth. Nantucket completed the list.
t Written" Wiswall " by other members of the family.
X " Junior", in the town records; but this addition does not appear in his signature to the oaths nor in
the Secretary's list.
§ Sic.
H According to the town records; and he subscribed the qualifying oaths. But, evidently through a
clerical error, " Mr. .Tames Davis," is given in the legislative records.
II Stevens took the qualifying oaths, Jidy G, 1G93. The clerk by mistake entered his name in the certifi-
cate, " Thomas Death." His election appears in the town records but his name is not in the Secretary's
list.
** The town records show that. May 24, 1693, Capt. John Gotdd and Lieut. Thomas Baker were elected
representatives, "to take turns, as they agree." Gould did not qualify. See, post, 1696, p. 10-1, note to
James Convers, representative from Woburn.
ft Lad made his mark this year ; but signed in 1691.
IX lljis name appears among the representatives who subscribed the qtialifying oaths, Julj' 6, 1693.
The town records are imperfect at this date and do not show his election, and his name is omitted from the
Secretary's list.
§^ Jewet was not sworn until July 6 ; and hence, probably, he appears second in the Secretary's list;
but he stands first, on the town records.
[Repkesentatives.] Pkovince Laws (liesolvefi, etc.). — 1693.
21
County ok Middleskx.
Charlcstown,
Maiden,
Cumhrkhjc,
Newton,
Watertown,
Sudbury,
Marlboroiujh,
Ldnrjister,
Cow'ord,
Chehn.sjbrd,
Dunstable,
Reading,
Woburn,.
Dillerica,
Shcrborn,
(.'apt. Itichurtl S2)raguo.
Cupt John Gnion.
I\Ir. 'i'lionias Oliver.
]\Iv. John Ward.
i\Ir. AVilliam Bond,
('apt. Uenjaniin (icarlicl
('apt. Thomas Browne,
Capt. John Goodonow.
I\Ir. Aljraham Williams
j\Ir. John Iloug'hton.
Mr. Jcjiiathan rrescott.
Mr. Cornelius Waldo.
]\Ir. Franeis Foxeroi't.
Capt. John Browne.
Mr. Samuel Blogget.*
Capt. Ralph Hill.
Ml-. John Death.
(JouNTY OF Plymouth.
Scituate,
Bridgewatcr,
riijmouth,
Maishfield,
Mr. Benjamin Stetson.
Mr. Samuel Allen.
]\Ir. John Nelson.
Mr. Isaac Little.
County i)v JIamp.siiikk.
Sjrnng/leld, Mr. Jjenjarain Davis. f
(.'ai)t. Aaron Cooke.
Mr. Jose2>h Parsons.
Ensign Eleazer Frary.
Mr. Samuel Root.
C^apt. George Norton.
County of Yokk.
Mr. James Emmerey.J
County of BAi:N.srAi;r.K.
fladlcy,
Northam]>ton,
Ilatjleld,
Westficld,
Suffield,
Killer y.
Yarmouth,
Bar7istable,
Easlhara,
Bristol,
Sivanzey,
Eehoboth,
Taunton,
Freetown,
Capt. John Thaeher.§
Mr. John Otis.
Mr. John Doane, senior.^
Thomas Hinckley, Esq.||
County of Bkistol.
(Japt. Nathaniel Byfield.
Mr. Ebenezer Brenton.
Mr. Samuel Peck.
Mr. Thomas Leonard.
Mr. Jahleel Brenton.
Island of Nantucket.
C!apt. John Gardner.
Unknown.
Sampson Slieafe.**
Henry Dering.**
SAMPSON SHEAFE,tt\
IIENKY DERING, ] Clerks.
JAMES MAXWELL, Doorkeeper and Messefiyer.
* Sic.
■\ Major Joliu Pyncbon, repi'useiitative from Springfield, was elected to the Council, and was succeeded
hy Davis, who was an inhabitant of Boston.
X This signature seems to be followed by a capita! S: possilily an al>breviation of "senior."
^ Written erroneously " Jo» Thatcher" in the Secretary's recoi'ds.
H " Senior", in the town records, but not so signed, or entered by the Secretary.
II Hinckley, who was an inhabitant of Barnstable, subscribed the oaths, etc., but what town he repre-
sented does not appear.
** He took and subscribed the oaths, etc., and appears to have been a member, but the town he repre-
sented has not been ascertained.
tt Sheafe appears to have acted only at the organization of the House, May 31. Bering is the only
clerk paid for that year, and he certifies as clerk, June 1 and 2.
VOTES AND ORDERS
Passed at the Session begun and held at Boston,
ON THE THHrrY-KHiST DAY OF MaY, A. D. 1693.
CHAPTER 1.
VOTE OF THE COUNCIL APPOINTING A COMMITTEE TO THANK INCREASE
MATHER EOR HIS ELECTION SERMON.*
Voted, That John Richards, Elisha Hutchinson, Sara"" Sewall and
John Foster, Esq", do, in the name of his excellency and councill,
return thanks to the reverend M""- Increase Mather for his sermon
preached to this general assembly. \^Approved June 6.
CHAPTER 2.
ORDER FOR ALLOWING ONE HUNDRED POUNDS TO THE TOWN OF
GLOUCESTER, ON ACCOUNT OF OVER-ASSESSMENT IN 1692.
The Petition of The Town of Gloster being Read wherein they
eomplaine that the Inhabitants of their Town are oner Rated £170 : In
their proportion in the Assesm- of £oOOOO : granted last yeare — And
their Acco'^ being Examined it is thereon found that they haue under
vallued their lands about £30: — And also Omitted about £40: — y'
they were doomed — So that there will be due to them one hundred
Pounds — Which one hundred Pound is hereby
Ordered, That they slialbe Allowed by the Treasurer for the time
being, when they shall be next Rated, or Assesed in Generall Assesm?
of this Province that shall be hereafter granted. [^Approved June 14.
CHAPTER 3.
VOTE FOR GRANTING A HEARING ON THE PETITIONS OF THE INHABI-
TANTS OF IPSWICH FARMS AND THE TOWN OF TOPSFIELD PRAYING
THAT THE FORMER MAY BE JOINED TO THE LATTER IN THE SUP-
PORT OF THE MINISTRY, AS FORMERLY; AND FOR NOTIFYING THE
SELECTMEN OF IPSWICH THEREOF. [PassedJune 17.
^Printed with resolves, orders, etc., relating, to the establishment, etc., of
towns, etc.^
* See note to resolve, chap, 8, 1692-3, ante. This was a vote of the Council in behalf
of the General Assembly.
[23]
24 Froyinck LiAWS (Besolves elc). — 1693. [Chaps. 4, 5.]
CHAPTER 4.
VOTE FOR ESTABLISHING A FORM OF OATH TO BE TAKEN BY THE
PROVINCE TREASURER.
M? Jamp:s Tay'lok being chosen and a])poiuted treasurer of this
their majesties' province for the year ensuing was presented by the
house of representatives to be sworn, and the following oath being
voted and established by the whole assembly and consented to by his
excellency, was administred unto him : —
Whereas you James Taylor are chosen and A])poynted Treasurer with in
this theire Maj'i^ Province of the Massaidmetts Bay for one year now next
ensuing * and mitill another be chosen and Sworn in yo^ Stead you do Swear
by the name of the everliveing* God that you will truely & faitlifully jjer-
form & discharge the duty of a Treasurer in all tilings proi)cr unto your
Office and keep and render Just & true Act-oil of all yo^ Transactions
therein, when you shall be there to Lawfully Required So help yo" God
lApprovcd June 17.
CHAPTER 5.
ORDER FOR ALLOWING FIFTY POUNDS TO NANTUCKET, ON ACCOUNT
OF OVER-ASSESSMENT IN 1692.
NANTucKKr Petitiox being read and their Accol and List being
Examined by A Committee appoynted by y*^^ house of Representatiues —
who doe make Report that the Inhabitants of Nantucket — Were ouer
rated lllfty Pounds to y° Last Assestm- of thirty Thousand pounds —
unto Av'h this liouse do Concurr, Therefore —
Ordered That the Inhabitants of Nantucket shall be allowed llifty
Pounds (by mf Tj-easurer for the time being) out of their proportion
to the Next Assesm! that shall be hereafter granted-/. \_Concurre(l in
htj the Council, and approced June 26.
* In the copy of records in ttie State Library the former of these words is " coming,"
tind the latter is " everlasting."
[2d Siiss.j PicoviNCK Laws (litsolves etc.). — 1G93. 25
ORDER AND VOTES
Passed at the Session begun and held at Boston,
ON THE Sixth day of July, A. D. 1693.
CHAPTER 6.
ORDER FOR THE APPOINTMENT OF A JOINT COMMITTEE TO HEAR THE
AGENTS OF THE TOWNS OF IPSWICH AND TOPSFIELD RESPECTING
THE BOUNDS BETWEEN SAID TOWNS, AND TO REPORT THEREON.
[Approved July " .
\_Pnnted with resolves, orders, etc., relating to the establishment, etc., of
towns, e^c]
CHAPTER 7.
VOTE APPOINTING COMMISSIONERS TO TREAT WITH THE FRIENDLY
INDIANS, AT ALBANY.
A Vote of the representatives that Major-Generall Wait Wiuthrop
and Major John Pyncheon he sent to Albany to treat the MaqiuiB and
others nations of Indians in those parts in amity Avith the English, to
renew and confirm the friendship betwixt the P^nglish and them, and
to make a present to them, was read and, —
Agreed to by the council. \_Passed July 8.
CHAPTER 8.
VOTE FOR ALLOWING FIVE HUNDRED POUNDS TO JOHN PHILLIPS,
LATE TREASURER OF THE COLONY, FOR HIS PAST SERVICES.
Voted That JnV Phillips Esq'' late Treasurer of this Province haue
the Sum of fiue Hundred pounds allowed him as a llecompence
for his Service as Treasurer for the late Collony of the Massachusetts
from the 18'> Day of Aprill 1G89. untill the 1P> Day of May 1092 to be
allowed him upon makeing np his Accounts & Laying them before
the House of Representatiues at their Next Sitting after the first day
of September next (otherwise to the CoiFiittee allready Chosen by
this House) in full of his Service & accompts about the Treasury for
the time afores**. [^Approved July 13.
26 Pkovince Laws {Resolves etc). — 109-^. [Chaps. 9, 10.]
CHAPTER 9.
VOTE FOR ALLOWING ONE HUNDRED AND FIFTY POUNDS TO JOHN
PHILLIPS, TREASURER OF THE PROVINCE, FOR HIS SERVICES.
Voted That John Phillips Esqi^ Treasurer shall haue one hundred
& fifty Pounds ^ Ann- for all his paiues & Charges as this Provinces
Treasurer from the fourteenth day of May 1G*J2 untill this 13- day of
June 1(593 —
And, untill a nother Treasurer be sworne in his Stead — \_Approved
July 13.
CHAPTER 10.
VOTE FOR ALLOWING COMPENSATION TO BARNABAS LOTHROP AND
OTHERS, LATE TREASURERS IN PLYMOUTH COLONY, FOR THEIR
SERVICES.
Voted That the late Treasurers in Plym° Collony, Barnabas Lathrop
Esq- Joliu Walley Esqf & ml Isaac Little — liaue Six pence on the
Pound allowed thcin from the 18'-^^ of Aprill IGH!) untill the U'^" day of
May 16'J2 for their paiues &, service in that afifaii'e [^Approved
July 15.
ORDERS, PROCLAMATION,
VOTES, ADDRESS, ETC.,
Passed 1693-4.
[27]
LEGISLATIVE LIST
FOR
1693-4.
Note. — The councillors were annually elected in May, and consequently the
same board acted with the deputies chosen for every court held during the legisla-
tive year. Writs had been issued for a General Court, to be lield .September 27,
this year, and representatives were chosen thereto ; but, though all the members that
appeared were sworn, there was not a quorum ; and as no returns were inade from
the counties of Hampshire and York, which, being so remote, probably failed to
receive writs in season for warning the electors, " the Court did not hold." Writs
for another choice of representatives, to assemble on the eighth of November, were
ordered to be " forthwith granted forth," on the twenty-eighth of September. The
list of deputies chosen is given below.
The county of Bristol is placed before Essex in the order of precedence, this
year, probably as a compliment to the Speaker, who, though an inhabitant of
Boston, represented the town of Ik-istol.
REPRESENTATIVES or DEPUTIES.
November 8, 1693 to March 3, 1G93-4.
Capt. NATHANIEL BYFIELD, Spe.vkkr.
County of Suffolk.
Boston, Maj. Ponn Townsend,
Edward Bromfield, Esq ,
Capt. Thcophilus Frary,
Mr. Timothy Thornton.
Roxbury, Mr. William Denison.
Dorchester, Capt Samuel Clap,*
Mr. Enoch Wizell.
Milton, Mr. George Sumner.
Braintree, Mr. John Baxter.
Wojmoiith, Capt. John Holbrooke.
Hingham, Sergeant Nathaniel Beale.
Medfield, Mr. Benjamin Clark.
Wrenthani, Lieut. John Ware.
Mendon, Mr. Timothy Winter.
Dedham, Capt. Timothy Dwight.
Oxford, Mr Isaac Bcrtrand du
TufFeauf.
County of Middlesex.
Charlestown,
Maiden,
Mcdford,
Cambridge,
Watertown,
Sudbury,
Groton,
Marlboroiigh,
Lancaster,
Concord,
Billerica,
Shcrbom,
Reading,
Newton,
Capt. Richard Sprague,
Lieut John Cutler.f
Capt. John Green.
Pnsign Stephen Frances.§
Mr. Thomas Oliver
Capt. Benjamin Gearficld,
Mr Ebenezer Prout.
Capt John Goodenow
Capt. James Parker ^
Ca^jt. Henry Kerley.
Mr. John Houghton.
Lieut. Joijathau Prescott.
Capt. Ralph Hill.
Mr. John Death.
Mr Benjamin Fitch.
Mr. John Ward.
* Erroneously entered " Nathaniel," by the Secretary. •
t He was sworn, but his name does not appear in the Secretary's list. Daniel Allin of Boston, who
represented Oxford the previous year, was chosen by Marblehead for the September and November
courts.
■ X He is called " Deacon," in the town records.
^^ Called "Ensign," in the town records, hut " Mr.", in the Secretary's list.
H His election is shown in the town records; but he was not sworn, and his name does not appear In
the Secretary's list.
129]
30
Province Laws {Resolves, etc.). — 1693-4. [Representatives.]
County of Middlesex— Cowc^2<rferf.
Chelmsford, Mr. Timothy Clarke.
Woburn, Mr. Samuel Blogget.
Dunstable, Mr. Francis Foxcroft.
Bristol,
Swanzey,
Tnunto7i,
Rchoboth,
County of Bristol.
Capt. Nathaniel Byfield.
Mr. Ebenczer Brenton.
Mr. Thomas Leonard.*
Mr. Stephen Paine,
Mr. Joseph Bi'own.
Little Coraiilon, Mr. Giles Dyer.
Freetown, Mr. Jahleel Brenton.
CouNTv of Essex.
Salem, Benjamin Browne, Esq.,
Mr. William Hirst.
Marblehead, Capt. John Le^g,
Mr. Daniel AUin.
Lijnn, Capt. John Burrill, jun.f
Beverly, Capt. John Dodg.
Manchester, Capt. John Browne. J
Ipswich, Mr. Nehemiah Jewet,
Mr. Thomas Hart.
Rowley, Mr. Samuel Platts.
Boxford, Lieut. Thomas Perley.§
Tops field, Lieut. Thomas Baker. 1
Newbury, Capt. Thomas Noyes.
Salisbury, Ensign JSTathaniel Browne.
County of Essex — Concluded.
Amesbury, Capt. Thomas Harvey.
Haverhill, Mr. Daniel Lad.
Andover, Mr. Christopher 0.sgood.
Gloucester, Mr. James Stevenes.
County of York.
York and Wells, Mr. Samuel Wheelwiight.
Kittery, iNIr. William Screven.
County of Hampshire.
Springfield,
Hadley,
Hatfield,
Northampton,
Westfield,
Capt. Benjamin Davis.
Mr. Samuel Porter.
Capt. Samuel Partrigg.
Mr. Joseph Parsons.
Lieut. Samuel Root.
County of Plymouth.
Plymouth,
Scituate,
Marshfield,
Duxbury,
Bridgewalcr,
Mr. John Nelson.
Mr. Benjamin Stetson.
Mr. Isaac Little.
Lieut Scth Arnold. ||
Mr. Samuel Allen.
County of Barnstat.le
Barnstable, Mr. John Otis.
Yarmouth, Mr. John Hallet.
Eastham, Mr. John Doane.
EBENEZER PROUT, Clerk.
JAMES MAXWELL,** Doorkeeper and Messenger.
* He w.is sworn, but liis name docs not appear in the Secretary's list.
t He is called "junior," in the town records.
+ It appears from the town records of Manchester that he was an inhabitant of Marblehead.
J He was sworn, and the town records show that he was elected, but his name is not in the Secretary's
list.
H He w.as sworn, but his name is not in the Secretary's list.
II His election is shown by the town records, but he was not sworn, and his name is not in the
Secretary's list.
•» About a week before the dissolution of this Assembly, Henry Emmes w.as appointed Messenger to
the House of Represent.atives, for whidi office, it appears by the following entry in Sewall's Diary, he
received a commission from the Governor and Council : —
"Friday, Feb. 23, 1693/4. . . . This day Henry Ems the Baker has his name put into a comission to be
a Messenger to the Representatives when sitting, and comission deliver'd to him in the Council
Chamber." — Vol. l,p. 389.
ORDERS, PROCLAMATION, VOTES,
ADDRESS, ETC.
Passed at the Session begun and held at Boston,
ON the Eighth day of November, A.D. 1693.
CHAPTBK 1.
ORDER APPROVING MiD ALLOWING THE ACCOUNT OF JOHN PHILLIPS,
LATE TREASURER OF THE PROVINCE.*
John Phillips, Esq'-, presented an accompt of payments made by
him during the time of his being treasurer, for sundry emergency's and
expences amounting to one hundred eighty-nine pounds two shillings
and fourpence, which was approved of and, —
Ordered to be passed in his accompt. \_Approved November 13.
CHAPTEK 2.
ORDER APPOINTING A COMMITTEE TO SURVEY LANDS PRAYED FOR
BY JOHN WHEELWRIGHT, AND TO ASCERTAIN IF THERE ARE AD-
VERSE CLAIMS THERETO. [Approved November 14.
[^Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 3.
a proclamation appointing thursday, the twenty-first day
of december, 1693, as a day of solemn thanksgiving.
Province of the
Massachusetts Bat ss.
By his Excy. the Governor Council and Repre-
sentatives in General Court Assembled-/.
Upon Consideration of the high Obligations laid upon this People
to Recognize the Signal publick mercies received from heaven in the
Sumer past ; Especially in so sensible a providence as the preserva-
tion of his Majesty from those many dangers to which he has lately
exposed his Royal person for the sake of the Protestant Religion and
• Vide, ante, 1693, vote, chapter 8.
[31]
32 pROVLNCE Laws {liesolves etc.). — 1693-4. [Chaps. 4, 5.]
Interest, and the Success of his Armes, the Stop given to the Spread-
ing of mortal Sicknesses and good measure of health restored to this
Province the favourable harvest after awful threatnings by sore
drought, the late Submission made by the Indian Enemy and respit
given from annoyances by them ; with much other preventing goodness.
This Court have thought fit to appoint, as they Do hereby
Order and appoint Thursday the '21'.' of Decemb' next, to
be celebrated as a day of Thanksgiving throughout this
Province, forbiding all Servile Labour upon the same. And
do Excite both Ministers and people in the seu^al Churches
and Congregations to offer up most humble and hearty
prayses unto Almighty God for these and all other immerited
ffavours [^Approved November 14.
CHAPTER 4.
VOTE FOll GRANTING TO SAMUEL SEWALL AND WIFE ONE THOU-
SAND ACRES OF LAND ON MERRICONEAG NECK IN CASCO BAY.
[Approved Nov. 15.
\^Printed loith resolves, orders, etc., relating to the establishment ^ etc.,
of toions, etc.'\
CHAPTER 5.
ADDRESS OF THANKS BY THE COUNCIL AND REPRESENTATIVES TO
KING WILLIAM AND QUEEN MARY, AND A PETITION FOR A CONTIN-
UANCE OF FAVORS.
To There Most Excellent Maj' King AVilliam & Queen ]\rary
The thankfull Address & humble Petition of your Maj' most
Loyal Subjects the Council & Representatives of your Maj' Province
of the Massachusetts Bay in New -England assembled in General
Court Novemb' 8, 1693.
It having pleased your Maj' by your Royal Charter to grant and
Confirm unto your Loyal Subjects in this Province, Sundry great &
valuable Privileges, more particularly the Freedom of our Religion,
Our Properties & Possessions ; and to nominate & by Coffission to
Constitute His Excellency Sir William Phips the Governour, and the
honourable Lieut Governour with the Secretary in this your jNIaj' Pro-
vince, Persons from amongst our Selves naturally disposed to promote
your Maj' Interest and very acceptable to your Maj' Loyal Subjects
We canot but express our most thankfull Resentments of so Singular
& Gracious Favours, And do most humbly petition your ]\Iaj' Royal
Grace & Clemency in the Continuance of Them. We likewise humbly
& thankfully Acknowledge the Defence that we have had by Two of
your Maj' Ships of War the Continuance of w''*' will be of great ad-
vantage to your Maj' Interests in these Parts.
That the good Hand of the Almighty God may preserve your Maj'
Persons, That all your Noble Enterprises may be succeeded ; That
your Reign may be long and Prosperous ; and that the God of Re-
compences may Crown your Maj' with immortal Glory, is, & shall be
the unfeigned, fervent & Constant Prayer of your Maj' faithful! &
dutifull Subjects \_Signed by a majority of the Council, November 16.
[1st Sess.] Province JjAwh (liesolves etc.) . — 1G93-4. 33
CHAPTER 6.
VOTE ON THE PETITION OF SAMUEL VARNUM, EDWARD COBOURNE,
AND OTHERS, INHABITANTS AND PROPRIETORS OF LANDS NORTH
OF METIRIMAC RIVER, PRAYING FOR A GRANT OF UNIMPROVED
LAND. [Approved Nor. 27.
\^Printed with resolves, orders., etc., relating to the establishment., etc.,
of towns., etc.']
CHAPTER 7.
ORDER FOR ALLOWING FORTY POUNDS TO THE TOWN OF DEERFIELD
FOR GARRISONING THE TOWN.
The petition find ace" of the town of Deerfield for tlie garrisoning
of that town by order of his ex"'' the govern', containing a line of two
hundred and two rodds, being read, —
Ordered, That there be forty pounds allowed said town by dis-
compt in their public assessment towaz'ds the charge of said fortifica-
tions. \_Approved November 28.
CHAPTER 8.
ORDER FOR ALLOWING ONE HUNDRED AND TWENTY POUNDS TO
JOHN ARNOLD, LATE KEEPER OF THE PRISON IN BOSTON.
The accompt of John Arnold, late keeper of the prison in Boston,
having been examined by a coinittee of the house of representatives,
at their former sessions, and a vote of the house thereupon that he
be allowed the sum of one hundred and twenty pounds in full thereof, —
Ordered, That M'"- Treasurer do pay unto the said John Arnold the
s'' sum of one hundred and twenty pounds out of their majesties'
treasury. J^Approved November 28.
CHAPTER 9.
REPORT OF A JOINT COMMITTEE OF THE COUNCIL AND REPRESENTA-
TIVES UPON THE PRIVILEGES OF THE HOUSE OF REPRESENTA-
TIVES.
The Report of the Comittee appointed to Consider & Draw vp
something Concerning what Priui[l*] leges belong to the house of Rep-
resentatives Viz^
* Manuscript mutilated.
34 Province Laws (Jiesolves etc.). — IGdS-^. [Chaps. 10, 11.]
1 That the said house may use & exersize such Powers & Priui-
leges here as the house of comons iu P^ugland may & haue usually
done there allvvays haueing Respect to tlicir INIajesties Roy * charter
& the Laws of this Prouince
2 That the said house haue an officer Comisionated by his Exel-
• ence the Gou"" To attend them when sitting in the quallity of a Mes-
senger to serue such Presepts & exercise such Comauds as the house
by Warrant from the Speaker shall order for the better managment
of the Great affaires of the Prouince & Regulating of their own house
& what elce may be proper for them to enquire into
29.9.93. Tiio: Danfoktii
Jonathan Cokwin
Nathan*-^- Thomas
Penn Townsend
John Holbuook
William Screven
William Hirst
Dan'- Allin — [Dated November 29.
CHAPTER 10.
ORDER FOR THE APPOINTMENT OF CHAPLAINS FOR THE GARRISONS
AT WELLS AND YORK AND FOR ESTABLISHING THEIR PAY.
Ordered, That there be a chaplain allowed to the garison at Wells,
and another at Yorke, and that there be paid unto each of them, out
of tlieir maj'"''' treasury, the sum of fifty shillings per month, from
the time of their coming upon the place, over and above what shall be
allowed them by the inhabitants. [Ai^jn-oved November 30.
CIIAPTEK 11.
ORDER FOR ALLOWING FIFTY POUNDS, AND PLUNDER, TO THE SOL-
DIERS WHO SERVED UNDER CAPTAIN THOMAS COLTON AGAINST
THE INDIAN ENEMY AT BROOKFIELD.
Upon a motion from the house of representatives, y' there be
fifty pounds and the plunder allowed unto the soldiers that served
under Capt. Thomas Coulton against the Indian enemy, at the time
when they lately coiiiitted an outrage upon the inhabitants of Qua-
boag, alias Brookfield, for the encouragement of such adventures and
succesful undertakings, considerable service being then done upon the
enemy, —
Ordered., That there be paid out of their maj""'-' treasu'^ of the
province, unto the officers and soldiers then employed, as a reward of
their good service, the sum of fourty pounds, to the forty men that
pursued the enemy ; and the plunder recovered from the enemy to be
equaly shared amongst them, over and above the stated pay; and the
sum of ten pounds to be equally divided among the twenty soldiers
who remained in garrison at Brookfield. [^Approved December 4.
• Sic.
[1st Sess.] Province Laws {Resolves etc.). — 1G93-4. 35
CHAPTER 12.
VOTE FOR SUSPENDING ACTIONS AT LAW AGAINST JOHN MARCH, CON-
CKIINING TIIH FF.RRY BETWEEN NEWBURY AND SALISBURY, AND
FOR NOTIFYING THE HEIRS OF GEORGE CARR TO APPEAR AND
SHOW CAUSE WHY SAID FERRY SHOULD NOT BE CONFIRMED TO
SAID MARCH.
Upon the reading the petition of Capt. John March, and hearing
his plea thereupon, —
Voted^ That all suits and actions now depending between any persons
and the said Capt. John March, referring to any matter or controversy
about the ferry or ferries over the river of Merrymack between New-
bury and Salisbury, be suspended ; and that the court of Salem be
directed to continue any action or actions so depending there until the
general assembly have determined and resolved upon the settlement of
the said ferry or ferries ; and that the heirs of George Carr be notified
that they may appear on the sixth day after the beginning of the next
sessions of the general assembly, and there offer what plea and objec-
tions they have to make against the confirmation of the said ferry to
the said Capt. John March. l^Approved December 5.
CHAPTER 13.
VOTE FOR APPROVING THE DRAUGHT OF AN INSTRUMENT FOR CON
FIRMING THE PLANTATION OF WOODSTOCK TO JOSEPH DUDLEY
AND OTHERS, PROPRIETORS. [Appi-oved December 5.
[^Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 14.
VOTE AND ORDER FOR ALLOWING ONE "HUNDRED POUNDS TO ISAAC
ADDINGTON, SECRETARY OF THE PROVINCE, FOR HIS EXTRAORDI-
NARY SERVICES IN 1693.
Tins HOUSE takeing into Consideration the Great Labour and trouble
and Charge of Isaac Addington Esq'' Secretary of this Province and
the inconsiderable reward (that hath accrued by tlie fees and perqui-
sites) in proportion to his paines.
Voted That the s*^ Isaac Addington Esq'' be allowed out of the
Publick treasury the Sume of one hundred pounds for his Extraor-
dinary Service in the year 1693 and pray that his Ex>5^ and Councill
will order it accordingly. [^Concurred in by the Council, and approved
December 6.
CHAPTER 15.
ORDER APPOINTING A DAY FOR CONSIDERING THE PETITION OF THE
TOWN OF TOPSFIELD AND THE REPORT OF A COMMITTEE THEREON
RESPECTING THE BOUNDARIES BETWEEN TOPSFILT,D AND IPSWICH.
[Approved December 8.
\_Printed with resolves, orders, etc., relating to the establishment ^^ etc.,
of towns, etc.]
36 PiiOViNCE Laws {Resolves etc.) . — 1G93-4. [Chap. 1G.]
CHAPTER 16.
VOTE ArPOINTING A COMMITTEE TO INQUIRE INTO THE DISPOSAL
OF THE BILLS OF CREDIT EMITTED. BY THE LATE COLONY, AND TO
COMPLETE THE EXAMINATION OF THE ACCOUNTS OF THE LATE
TREASURER OF THE COLONY, ETC.
Voted. That John Richards, James Russell and Samuel Sewall
Esq" mJ- Elisha Cooke, Captain Nathaniel Byfield m'' Richard jNIid-
dlecutt Major Penn Townsend and Doct- Daniel Alline or any Six
of them be a Committee to inquire into & Examin how the fforty
thousand pound Bills of Credit emitted by the late Colony of the
Massachusetts were disposed of and paid out ; As also to perfect the
Examinacon of the acco- of Jn? Phillips Esq- late Treasurer of s'-'
Colony and to make their Report to this Court at their next Siting.
The acco- now presented to be lodged with the Secretary by him
to be deliu"' unto the Order of s'-' Committee when desii-ed and by
them to be return'-' again into y" Secry" office •/. [^Apj)roved Decem-
ber 13.
[2d Sess.] Pkovince Laws {Resolves etc.) . — 1693-4. 37
ORDERS, ADDRESS AND VOTES.
Passed at the Session begun and held at Boston,
ON the Fourteenth day of February, A. D. 1693-4.
CHAPTER 17,
ORDER FOR ALLOWING NINE POUNDS TO JOHN TAGE, JUNIOR, OF
GROTON, A WOUNDED SOLDIER.
In concukrance with a vote of the representatives, that there be
allowed uuto John Page, jim''-, of Groton, wounded in their maj"'''-'
service, twelve pounds, for his cure and dyet during the time thereof,
dednctiug out of said sum what he hath already received, which is
acknowledged to he three pounds, —
Ordered^ That M''- Treasurer pay unto the s**- John Page, or to his
father, in his behalf, nine pounds, being the remainder of the above
sum of twelve pounds. \_Approved February 27, 1003-4.
CHAPTER 18.
ORDER ESTABLISHING THE BOUNDARY BETWEEN THE TOWNS OF
IPSWICH AND TOPSFIELD. [Ai)proved February 28, 1693-4.
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.'\
CHAPTER 19.
ADDRESS OF THE GENERAL ASSEMBLY TO KING WILLIAM AND QUEEN
MARY TO TAKE CHARGE OF THE FORTS AT PEMAQUID AND PORT
ROYAL. \_Reported by a joint committee, March 1, 1693-4.
[^.Not found in the archives : see note at the end of this volume."]
w
38 FiiovmcTi TiAWS (Jiesolves etc.) . — 1693-4. [Chaps. 20-23.]
CHAPTER 20.
VOTE EXTENDING THE TIME ALLOWED TO THE TOWN OF BRISTOL
FOR COLLECTING AND RETURNING A TAX, AND ORDERING THE
PROVINCE TREASURER TO SUSPEND ISSUING HIS WARRANTS
THEREFOR.
In ANS^VEU to the Petition of Bristoll 33 in to this house.
Voted (That the AVarrant for Raising and Collecting the Second
part of the Assessment of the tliirty thousand pounds not being in
their hands till Six months after the time.) That the s'' towne of
Bristoll bee allowed six months time longer from this time before
they bee Obliged to Collect and Returne the s** Second part of the
Assesm' in to the treasury, and the treasurer is hereby Order'd not
to Issue out Warrants According to the P^xtremity of the law till the
s** time bee Expired {^Concurred in by the Council, and cqtjrroved
March 1, 1693-4.
CHAPTEK 21.
VOTE FOR EXTENDING THE TIME ALLOWED TO THE TOWN OF EN-
FIELD FOR PAYING AN ASSESSMENT LAID UPON THE TOWN.
A rKTiTiON of the town of Enfield, in the county of Hampshire, with
the vote of the house of representatives thereupon, was read, and, a
concurrance therewith, —
voted that EnOeld haue Six months time giuen them to pay the
rates already Laid vpon them & that the Treasurer be notified there-
of \_Apx)roved March 3, 1693-4.
CHAPTER 22.
VOTE FOR ABATEMENT OF TAXES LAID ON THE TOWN OF DEER-
FIELD.
A PETITION of the town of Deerfield within the county of Hamp-
shire, being the utmost frontier of that county, and much impover-
ished by the warr, was read, with the vote of the house of representa-
tives thereupon, and, a concurrance therewith, —
Voted, That is to sa}'^, that they be abated their share or part of
the next tax and untU the court take further order. [^Aj'jn'oved
March 3, 1693-4.
CHAPTER 2 3.
VOTE APPOINTING A COMMITTEE TO TAKE ACCOUNT OF GRAIN RE-
CEIVED FOR TAXES BY THE CONSTABLES OF THE SEVERAL TOWNS
IN HAMPSHIRE COUNTY.
voted
That Coll Pinchon Cap? Patrigg, M"" Joseph Parson W Samuel Root
& M"" Sam| Porter or any three of them be a Committee to Call before
[2d Sess.] Pkovince Laws {Resolves etc.) . — 1G93-4. ' 39
Llieiii the seuerall Constables of the County of west hampshire from
Octob'' 1G8'J. till May 1G'J2. and to take an acco- of all graine, that
within that time they haue Keceiued for Rates in the seuerall Townes
& how disposscd of & to Returne an acco- of yr Doeings tlierein to
Majo'-' John Phillips J^ate Treasurer by the first of June next that he
may be enabled to Adjust the acco'? with said Constables, \_Approved
March 3, 1693-4.
CHAPTER 24.
VOTE « FOR GRANTING ALLOWANCES TO THE JUSTICES OF THE SU-
PERIOR COURT OF JUDICATURE, FOR THEIR SERVICES DURING THE
YEAR 1693.
Voted y' y*^ Hono™'''*^ W" Stoughton Esq' y"^ Cheife Judge of this
Province be allowed Out of y" publick Treasu"'' of this Province y"
Sum of One Ilundered Pounds for his Service as Chief e Judge for y"
yeare past 1693
Voted That y'' Hono™'''" Thomas Danforth Esqi. John Richards EsqL
Waite Winthropp EsqL Sam' Sewell EsqL shall Receive Out of the
Publique Treasn"" of this Province y*" Sum of fiftie pounds apeice for
their Service as Judges in y'' yeare past 1693
March 3'? 161)^ voted & passed in the Affermatiue by the house
of Representatiues
Natha^ Byfield Speaker
* This vote of the representatives is inserted here because the Council seem to have
practically concurred in it by ordering payments to be made in accordance therewith. A
dilTcrence had existed Ijctween the House and the Council with regard to tlie action of the
latter in voting certain ap]n-opriations and in establishing and ordering to be paid certain
salaries of civil officers, witliout the concurrence of the representatives. Against this
conduct the House had formally protested as a grievance, and a conference on the subject
had been had by both branches at the request of the Governor. The rights of the House
were finally conceded in an act passed by the next Assembly (1694-5, chap. 3), which con-
tains, substantially, the provisions of a bill which was passed in the House of Representa-
tives on the same day with the above votes, but which was not concurred in by the Council,
probably on account of the dissolution of the Assembly on that day.
VOTES, LETTER, ETC.,
Passed 1694-5.
[41J
LEGISLATIVE LIST
I'UR
1694-5.
His Excellency SIR WILLIAM PHIPS, Knt.,*
CaPTAIN-GeNEUAL and GoVERNOR-IN-CillEF, ETC.
WILLIAM STOUGHTON, Esq.,* f
Lieutenant- ou Deputy-Governor, etc.
ISAAC ADDINGTON, Esq.,
SECRETAUY of the PROVINCE.
COUNCILLORS OR ASSISTANTS.
Of the inhabitants of, or proprietor's of, lands within the territory formerly called
the Colony of the Massachusetts Bay : —
"William Stoughton, Esq., Robert Pike, Esq.,
Nathaniel Saltonstall, Esq., Elisiia Hutchinson, Esq., J
Bartholomew Gedney, Esq., William Browne, Esq.,
John Hathorne, Esq., John Foster, Esq.,
Isaac Addington, Esq., John Pynchon, Esq.,
Jonathan Corwin, Esq., James Russell, Esq.,
Daniel Peirce, Esq., Elisha Cooke, Esq.,
Thomas Danforth, Esq., Samuel Sewall, Esq.,
Wait Winthrop, Esq., John Phillips, Esq.,
Peter Sergeant, Esq.
* For the full title, see p. 5, ante.
t Pliips was summoned before the Privy Council, to answer certain complaints against his administra-
tion. Ho embarked for London, November 17, 1694. On the fourth of December, following, Stoughton
assumed the gubernatorial chair, by direction of the Privy Council conveyed in these words : —
" * * * and that you take upon you the government of our said Province dm-ing the absence of the s^ S^.
William Phipps from thence or untill our further pleasure shall be signifyed concerning the same, according
to our comission & Instructions granted unto ye s^ Sr William Phipps & such further directions as you
shall receive from us under our Signe Manuall and Signett or by our Ord^ in our Privy Councell during the
absence of the s^ Sr Wm. Phipps our further pleasure shall be known as aforesaid." — " Xew England ;
Board of Trade," vol. 35, p. 104, in Public Record Office, London.
Stoughton became acting governor, therefore, under a special authorization, and did not succeed Phips
merely by virtue of his commission as Lieutenant-Governor.
+ Hutchinson sailed for England in November, 1G93. He does not appear in the records as present at
the Council board until the fourteenth of September, 1694. He was not sworn with his associates, and no
record of his subsequent qualification has been discovered.
[43]
44: Province LiAWS (liesolves, etc.). — 1694-5. [Representatives.]
Of the inhabitants of, or proprietors of, lands within the territory formerly called
New Plymouth : —
William Bradford, ^Esq., Barnabas Loturop, Esq.,
John Saffin, Esq., John Thacher, Esq.,
Nathaniel Thomas, Esq.
Of the inhabitants of, or proprietors of, land within the territory formerly called
the Province of Maine : —
Francis Hooke, Esq., Charles Frost, Esq.,
Samuel Wheelwright, Esq.
Of the inhabitants of, or proprietors of, land loithin the territory lying between the
river of Sagadahoc and Nova Scotia : —
Joseph Lynde, Esq.
Note. — Ou the twenty-eighth of November, 1G'J3, the Assembly passed an act*
which was published on the twelfth of December, following, and first opei'ated in
the choice of deputies to the present session. It provided "That not any town in
this province shall choose any representative unless such be a freeholder and resi-
dent in that town or towns such are chosen to represent." The Governor accord-
ingly refused to administer the qualifying oaths to live non-resident representatives
chosen this year from as many towns. Each of these is noted in the following list.
REPRESENTATIVES or DEPUTIES.
May 30, 2694 to March 16, 1694-5.
Mr. NEIIEMIAH JEWETT, Spe.vker.
Boston,
lioxbury,
Dorchester,
Milton,
Braintrce,
Weymouth,
Jlingham,
Dedham,
Medfeld,
Wrcntham,
County of Suffolk.
Maj. Penu Townsond,
Edward Bromfiekl, Esq.,
Capt. Thcophilus Frary,
]\Ir. Timothy Thornton.
Mr. William Denison.
Lieut. Timothy Tilustone.f
Mr. Ebenezer Clap.
]\Ir. Caleb Ilobart.
Capt. John Holbrooke.
Capt. John Smith.
Capt. Timothy Dwiglit.
Mr. Samuel Barber J
Mr. John Ware.
County of Middlesex..
Charlestoivn,
Maiden,
Cambridge,
Watertown,
Newton,
Sudbury,
Marlborough,
Concord,
Billerica,
Woburn,
Sherborn,
Capt. Richard Sprague,§
Deacon John Cutler.T[
Lieut. Joseph Willson.||
Capt. Samuel Chanmey.
Capt. Benjamin Gearfield.
.Air. John Ward.
Caj)t. Thomas Browne
Mr. Abraham Williams.
Mr. Jonathan Prescott.
Capt. Ralph Hill.
Deacon Samuel Walker.**
l\Ir. Jonathan Whitney.f f
* Province Laws, voL I, 1693-4, chapter 14, $ 5, ante. Hatchinson gives an extract from a contempo-
raneous letter, in which the writer declares that upon the passage of this act, " Sir William *** rushes into
the house of commons and di'ives out the non-residents, and," he concludes, " I am much mistaken if
either for estates or loyalty they left any of their equals in that house." — Hist. Mass., vol. II., p. 70, note.
t " Lieutenant," in the town records, but " Mr.," in the Secretary's list.
X Capt. Thomas Dudley, of Roxbury, was first chosen, but was rejected by the Governor, for non-
residence.
§ Erroneously named " John," in the Secretary's list.
H Erroneously named "Richard," in the Secretary's list: the Christian names of the Charlestowu
representatives were inadvertently transposed by the Secretary.
II " Lieutenant," in the town records, but " Captain," in the Secretary's list.
** " Deacon," in the town records, but " Mr.," in the Sea-etary's list.
tt Whitney's name is not in the Secretary's list ; but he took and subscribed tho oaths.
[Hei'uksentatives.] Puovince IjAVfS {Resolves, etc.). — 1004-5. 45
County of Mtddlrsex— Concluded.
Reading, Capt. Jeromiah Swayne.
Chelmsford, Mr. Cornelius Waldo.*
County of rLYMouTii.
Plipnoulh,
Marshftcld,
Sciiuate,
Diixlmry,
IMr. William Shirtlcf.f
Mr. Samuel Sprague.
Mr. Samuel Clap.
Mr. Jolin Wadsworth.
Bnd<jev)ater, Mr. David Perkins.
Salem,
Lynn,
Marhlchcad,
Bercrlij,
Wenhnm,
Ipswich,
Oloiicestcr,
Rowley,
Newbury,
Arncsbury,
Haverhill,
Andover,
County of Essex.
Capt. Samuel Gardner,^
Capt. Manasseh ISIarston.
Capt. John Burril, jun.
County of E.sskx — Concluded.
Salisbury, Cornet Riehard Ilobbard.Jf
Topsfield, Mr. T]ioma.s I*>akor.§§
County of York.
Killcry, Mr. William Screven.
York and Wells, Capt. Ezekiel Roger.s.
County of IIampsiiiui:.
Springfield, Mr. Nathanicd Uliss^^f
Mr. George Stillman.||||
Mr. Joseph Parsons.
Mr. Samuel Parti'ijrJT-***
TJadley,
Northampton,
Hatfield,
Lieut. Andrew Eliott.^
Capt. Thomas Fiske, senior.||
Mr. Nehemiah Jewet,
Sergeant Thomas Hart.
Mr. James Stevenes.
Mr. John Peii'son.
Capt. Thomas Noyes,**
Capt. Stephen Greenlef.**
Capt. Thomas Harvey.
Quartermaster Daniel Lad.ff
Capt. Thomas Chandler.
County of Barnstablk.
Barnstable, Mr. John Otis,
Sandwieh, Mr. Stephen Skcffe.fff
Yarmouth, Mr. Thomas Sturgis.
County of Bristol.
Bristol, Mr. John Cary.JJf
Rehoboth, Mr. Stephen Paine.
Taunton, Capt. Thomas Leonard.
Swanzey, IVIr. Ebcnezer Rrenton.§§§
Little Compton, Mr. William Fobes.
Island of Capawok alias Martha's
Vineyard.
Mr. Matthew Mayhew.
EBENEZER PROUT, Clerk.
JAMES MAXWELL, Doorkeeper, and Messenger to the Council.
HENRY EMMES, Messenger of the IJo^ise of Representatives. ^^''^
* Capt. Timothy Clarke, of Boston, was first chosen, but was rejected by the Governor, for non-residence
t The to^yn chose John Stnrtevant, April 30th. ; but, he refusing to serve, Shurtleff was chosen in his
place, on the fourteenth of May.
+ Capt. Gardner was chosen at the same time with Marston, but for some reason, not discovered, he
was not sworn until September Sth. His name is not in the Secretary's list.
§ Capt. Samuel Lcgg, of Boston, was first chosen, but was rejected by the Governor, for non-residence.
He was not sworn, nor has any evidence been found that another was chosen in his place.
t " Lieutenant," in the town records, but " Mr.," in the Secretary's list.
II "Thomas Fiske, senior," in the town records.
** Noyes was chosen to serve " for the whole year," and Greenleaf, " for the first session."
tt " Quartermaster," in the town records.
++ " Cornet," in the town records.
^ On the eleventh of May, the town voted not to send a deputy, "not kno\ving but that they might
be excused by law; " but on the fourth of June they met again, and chose Baker.
tH Capt. Benjamin Davis, of Boston, was first chosen, but was rejected by the Governor, for non-
residence.
III! Not in the Secretary's list, although he took and subscribed the oaths.
**« Chosen April 14th. but did not take the qualifying oaths until the tenth of September. His name is
not in the Secretary's list.
ttt He was sworn, but is not in the Secretary's list.
\Xl Capt. Nathaniel Byfield, of Boston, was first chosen, but was rejected by the Governor, for non-
residence.
^^^ By the town records it appears that, on the fourth of June, by virtue of a warrant from Mr. Speaker
Jewett, dated June 2nd., Mr. Hczekiah Luther was chosen to represent the town. It does not appear
whether he was chosen to serve jointly with Brcnton, or as his successor, after the latter had resigned or
become disqualified ; but it is l)elieved that Brenton was, at that time, a resident of Bristol. He, however,
took the qualifying oaths, which Luther does not appear to have done.
HHH See note on p. 30, ante.
VOTES AND LirriER
Passed at the Session begun and held at Boston,
ON the Thirtieth day of May, A. D. 1694.
CHAPTER 1.
VOTE FOR GRANTING FIVE HUNDRED POUNDS FOR EQUIPPING, ETC.,
THE PROVINCE GALLEY.
A VOTE of tlie lionse of representatives for the grunt of five hun-
dred pounds for the fitting up and setting forth of the galley lately
built * to cruise upon the coasts for the better securing of trade and
navigation was presented and read. [^Passed June 1.
CHAPTER 2.
VOTE OF THE COUNCILf APPOINTING A COMMITTEE TO THANK SAMUEL
WILLARD FOR HIS ELECTION SERMON.
Samuel Sewall and Peter Sergeant, Esq"-, were nominated and
appointed to return the thanks of this board unto M'- Samuel Willard
for his sermon preached on Wednesday last at the opening of the
general court. \_Approved June 1.
CHAPTER 3.
VOTE+ APPOINTING A COMMITTEE TO HEAR THE SELECTMEN, ETC.,
OF CAMBRIDGE AND NEWTON, RESPECTING THE OBLIGATION OF
SAID TOWN OF NEWTON TO CONTRIBUTE TO THE REPAIRS OF THE
GREAT BRIDGE OVER CHARLES RIVER.
Upon reading the petition of tlie selectmen of Cambridge, praying
that the inhabitants of Newtown may be called before this court, to give
the reasons of their denial to joyue with and contribute their just share
* See Province Laws, Acts of 1693-4, cliap. 13, and 1694-5, chap. 1, 5 5. This grant by
the representatives, although it does not appear to have been expressly concurred in by
the Council, is inserted here, because tlie Council practically concurred in it by disbursing
the granted sum according to this vote of the House.
t See 1693, vote, chapter 1, and note, supra.
X The only circumstance from which it can be inferred that the Lieutenant-Governor
signed the above vote, is that the committee acted under this appointment. Their report
was made June 13; but the vote of the Council thereupon was not concurred in by the
House.
[47]
48 Province Laws {Resolves etc.) . — 1094-5. [Chaps. 4-0.]
and dues to the work of upholding the great bridge over Charles River
in Cambridge, —
Voted^ That John Pyncheon and Nathaniel Saltonstall, Esq" , be
and arc nominated and appointed, together with Capt.John Holbrooke,
Major Peim Townsend and M"" W'"- Screven, of the representa-
tives, a comittee to hear what may be alledged by the selectmen or
others of the town of Cambridge, in behalf of said town, relating
to any agreem'- or obligation they have npon the inhabitants of
Newtown, lo contribute towards the charge of making or maintaining
the said bridge, and that the selectmen of NewtoAvn be notified thereof,
and the time of the committee's meeting upon Tuesday next, the
twe.lvth of June instant, that they also may be heard ; the said com-
ittee to make their report to this court. \_Passed Jnne 6.
CHAPTli]K 4.
VOTE FOR lNDEMNIFYIN(i THE OWNERS OF A KETCII, IN CASE OF
HER LOSS WHILE EMPLOYED IN THE PUBLIC SERVICE.
WiiKRKAP, with his ex''-^'''- licence, some gentlemen of S.-ilcm are send-
ing out a small ketch imto S'- John's River, and parts adjacent, for the
fetching off some of their people lately taken prisoners by a French
privateer and carried tliither, his ex'-^- having dispatched an express
by them unto Capt" Thomas Taylor, commander of their maj"*' ship
Nonesuch for their maj""'" service, —
Voted, That in case the said Ivctch happen to miscarry by reason of
her carrying the said express, that then the publick bear the loss of her.
[_Ap2)roved June 12.
CHAPTER 5.
VOTE FOR ALLOWING ABATEMENTS, ETC., ON ARREARS OF FORMER
PROVINCE TAXES.
TiiK nEPoiiT of the committee formerly api)ointed by this com-t to
hear and receive the pleas and allegati(ms of towns, constables and
particular persons, for .-illowances and abatements on the arrears of
the former public assessments, having been presented and acted npon
in the house of representatives, was read, and, —
Voted, in concurrance with that house. '[Approved June IS.
CHAPTER 6.
VOTE FOR GRANTING AN ALLOWANCE TO INCREASE MATHER, LATE
AGENT FOR THE PROVINCE, TO BE PAID OUT OF THE NEXT PROVINCE
TAX.
Voted, that y^ Ren'"'' m'' Increase Mather be pay.d the sum of fifty
ponnds out of the publick Treasury of this Province over and above
the Hundred ponnds he hath alreadie received, as a gratification for
his service in his late Agency ; in England.
[1st Sess.] PiiOViNOE Laws (liesolvcs etc.). — 1G94-5. 49
Aud tluit the (ifty pounds which s'' m"' Mather took up in England
belc)n_ii'ing to the I<\'llovvs of Harvard Colledge ])c payd —
And pray his Excellencic and Councill to order Ihe same accordingly
out of the next Tax necessary suplies for souldiers &c being first
made [^Concurred in by the Council, and approved June 10.
CHAPTER 7.
VOTE FOR GRANTING ALLOWANCES TO ELLSHA COOKE AND THOMAS
OAKKS, LATE AGENTS FOR THE PROVINCE, TO BE PAID OUT OF THE
NEXT PROVINCE TAX.
Voted That Elisha Cook Esq"" & m'' Tho : Oakes be paid the Surn of
one hundred pounds a peice out of the Publick Treasury of this Prov-
ince as a Reward for their service in their Late agency in England
over & above what bath been already allowed them and pray his
Ex'''' & Councill to order the same accordingly, out of the next Tax
necessary supplies for sould" &c being first made. \_Approved June
19.
CHAPTER 8.
VOTE FOR GRANTING AN ALLOWANCE TO ICHABOD WISWALL, LATE
AGENT FOR THE PROVINCE, TO BE PAID OUT OF THE NEXT PROV-
INCE TAX.
Voted That ra'' Icabod Wiswell of Duxburrougli be paid the suin
of sixty pounds out of the pnblidi: Treasury of this Province as a
gratification for his service in a voyage to England at y" desire of y"
late C4ovemmt and pray his Excy and Council to order the Same
accordingly out of the next Tax necessary supplies for souldiers &e
being first made \^Approved June * 19.
CHAPTER 9.
VOTE FOR GRANTING ALLOWANCES TO ELISHA COOKE AND THOMAS
OAKES, LATE AGENTS FOR THE PROVINCE, TO BE PAID OUT OF
THE NEXT PROVINCE TAX.
Wheras it appears by the acco- of Elisha Cook and Tho. Oakes
Esqrs that they Received of m'' Stephen Masson of Lond" MercW the
suin of one hundred pounds Sterli in th^ir late agency for which their
Bonds are out to Repay at Six ^ Cent Intrest for for bearance and
that there Remaines due to s** m'' Oakes upon a form'' vote in part of
fifty pounds to be paid his family in his absence the Sum of twenty
pounds and that m" Elisha Cook hath disbursted Thirty seven pounds
ten shillings for their passages and accoinodations in their voyage
from England.
Voted That the Sum of one hundred pounds sterli aud the Intrest
and the other two Suin^ of twenty pounds & thirty seven pounds ten
* " July," in the original ; but evidently a clerical error.
50 Province Laws (7?e.so?ve.s e^c), — 1094-5. [Ciiai-s. 10-12.]
shilli he paid tlie s*" m'' P^lisha Cook & m'' Tho. Oakes out of the Pub-
lick Treasury of this rrovince, out of the next Tax necessary sup-
pHes for souldicrs &c being first made and pray liis Ex*"^ & Council to
order the Same accordingly. [Approved June 10.
CHAPTER 10.
VOTE FOR GRANTING AN ALLOWANCE TO AMBROSE DAWES, A
WOUNDED SOLDIER.
In answer to the Petition of Ambrose Dawes
Voted that he be allowed Ten pounds out of the Publick Treasury
in Consideration of Damage susteined In their ma"P' service by the
loss of one of his Eyes and tliat he Come not for any farther satisfac-
tion. [Approved June 19.
CHAPTER 11.
VOTE FOR GRANTING AN ALLOWANCE TO ANDREW JIAMILTON, POST-
MASTER-GENERAL OF NORTH AMERICA, FOR THE ENCOUIiAGEMENT
OF THE POST-OFFICE.
Upon keading the petition of Duncan Cam])boll in behalf of Andrew
Hamilton, Esq'-, postmaster-general of North America, praying that
some salary may be paid out of the public revenue of this province
towards the support of the said office for some time, — .
Voted, in concurrance with the representatives, that, for the encour-
agement of tlie said post-olllcc, tlierc be paid out of the pul)lic treas-
ury of this province, unto the said Andrew Hamilton, Esq""-, the suin
of twenty-five pounds per annum, for the space of two years next
ensuing. [Apptroved June 20.
CHAPTER 12.
LETTER FROM THE GOVERNOR, COUNCIL AND REPRESENTATIVES TO
THE LORDS OF THE PRIVY COUNCIL, ON THE PETITION OF SIR
MATTHEW DUDLEY.
To the Right IIon'±; the Lords of their
Ma.i"' ]\Iost Honlil'' Privy Council
May it please yo'" Lord's
With our most humble & thankfull acknowledgcm* of yolLords^^'
great fauour to their Maj''^ Subjects in New-Engi'' in glueing any of
them (Soe remote) an Opertunity to Suggest to yo'' Lords?!!' the Incon-
venienc37es w'^'' may attend the passing a Cluirter of Incorporation for
the raiseing & gaining of Copper & all mine & mineralls as well
Royall as other in New Engl'' & places ajacent, to Plant & Raise
Hemp & flax to dig make & Provide Salt Peter, Salt, Pictch, Tar,
Rozin, INIasts & Other Naval stores to deale & trade therin & in other
the Comodity's of those Countryes & to Purchase Lands of Indians or
[1st Sess.] Pkovince Laws (i?e.so?w.s fite.). — 1094-5. 51
any other inli:ibit:ints in America w"' the Libertys Priiiilidges & Towers
prayed by S"" JNIath. Dudley S"" Hump. Edwin «S= divers others, In
obedience to yo' Lords!!!!' direction Signified to vs by our Worthy
ffreinds S"" lien. vVslihnrst & uY Con : Phips
Wee doe w"> al Imniility Lay before yo"" Lordsf^J!^ That M^ Attnrny
Genr'.' haucing in liis rei)ort to the Right Hon''!" the Lords of tlic
Comittee for Trade & Phiutations Certified the In Consistancy of the
Petitioned Grant av^'' y'' lloyal Charters already Granted by their
Present Maj"' & their Poyal Predisesso's. to the Sever" Provinces &
Collonyes in New Engl*^ & Places adjacent ; Alsoe how Prejudicial the
Priviledges & Powers prayed for might be to their Maj"' Intrest w"'
respect to the Goverm' of the Counfy & otherwayes And that there-
fore the Petitioners have Waved, Declined & doe not Insist on most
of the ten heads proposed for their Charter Yet Pray to be Incorporated
w* such Capacitys Libertys & Powers as is Set forth in y'^ said Repoi't
& abovementioned
Wee shall Only further offer to yo'' Lords^^
That all their Maj"' Subjects either Singlely or in Comp'' in joynt
stocks haue & always had free liberty of Trade, fishing, Building
ships Working raiseing & Gaying Such Comodity as they thinck JMeett,
& their ships when distressed haue been releived Supplied & Secured
to them, & are vnder noe restraint therein Other then the Acts of Par-
liament for trade & Navigation — And we Humbly Conceive that for
the Better gaining the Comoditys mentioned & at Easier Rates it is
Reqiiisitt that the Petitioners be w"' respect to Trade & "J in Equal Con-
dition & vpon the Same Levell w*'' other their Maj''' Subjects Otherwise
w"' soe great a Stock as is proposed the Trade of the Country will
Soon be Ingroced & the Comoditys thereby Advanced to the vtter Ruin
of the first Planters, who that they might ffree themselves from the
Yoake of Arbitrary Power then Prevailing & to Augment the Domin-
ions of the Crown of Engl'' at their Own Cost Transported themselves
& family s into this Wilderness, Subdued Planted, Governed & w*
their lives & Estates Defended and are still to their great Impoverish-
ing defending it ag- their Maj''' Cruel & Treacherous Enemies & Con-
sequently all other Traders will be Discouraged w'''' must needs be very
Pejudicial to their ]Maj["' & the*] Nations Intrest —
And should the Petitio? be Incorporated they can make noe Settlem'
to accomplish the ends propounded w*out Acquireing to themselves
Considerable Trackts of Land, & Many of their Maj"' Subjects hereto-
fore not being Soe Carefull as to Secure their Titles to there Lands
ag' the Strickt & Narrow Inquission of the Law & in many Places
hold them by litle better then bare Possession & many of them by the
distressing Wars w"" the Indians driven out of their Possessions for
sever" yeares & how Long they may Soe Continue God only knowes ;
Now if the Petitio'"' can but inable themselves to make but a pre-
te[nce]* of title to such Lands or any Other Estate who will be soe
hardy & Dareing or can Probably be able to wage Law & Cope
w"' soe Opulent a Corporation —
That the first Planters of the Collonys in New Engl"^ were soon made
sencible of y" great Inconveniencys and Mischeifs that acrued to them
by the liberty souie persons Tooke to Purchase Land of the Indians
whereby the setling of Townships in Convenient Places was hindered
& themselves drawn into Littigious Suits & Controversyes by reason
of the many pretended & vncertain Titles of the Natives And therefore
did for prevention therof Provide by a Law that noe Purchase of Lands
* Manuscript mutilated.
52 PuoviNCK Laws (7?ew?ye.s e/c). — 1G94-5. [Chaps. 13, U.]
from the Indians shonld be Good & Vallid in the Law w"'ont Lisence
first Iiad & Obteined from the Genr" Conrt of the respective CoUony
for the pertic'uler Trackt soe intended to be Purchased ; And slifnild
that Good & Avholesome Establishm' lie voided either by Grant to
the Petitio''s or otlierwise many familys & indeed whole Towns Might
thereby be vtterly mined or att best embroyled in Endles Contests.
Wherefore We humbl}' depend upon their iMaj''." Grace and Favour
That these their Planta""."' already labouring under lieavy pressures
may not by such a Grant be discouraged, and necessitated to conflict
with y'' manifold inconveniences conse(]uent thereof as is herein before
briefly hinted at & otherwise all w'.'" is humbly submitted by
Yo"" Lord[lII2 most humble & obedient servants.
The Govf Council and Assembly of their Maj''r Prov-
ince of the Massachusetts Bay in New England. [^Signed
by the Governor^ and by the Speaker in the name and by order of the
Representatives, June 20.
CHAPTER 13.
VOTE FOR GllANTTNG AN ALLOWANCE TO WILLL\M HLATHWAYT,
AUDITOR-GENERAL, IN ENGLAND, FOR HIS SERVICES TN FASSTNO
THE ACCOUNTS OF THE PROVINCE.
Voted, and Granted-/. That there be paid unto the Ilon*^*^ William
Blathvvayt Esqf their Majl'''' Auditor General, the Sum of One hundred
pounds Sterl. for his Service referring to the passing of the accompts
of this Province. And his Excy. and Council are desired to take care
that it be accordingly remitted and presented to him, m'' Treasurer to
make provissiou for the same out of the Publick Revenue-/- {^Approved
June 21.
CPIAPTER 14.
VOTE FOR GRANTING ALLOWANCES TO SIR HENRY ASHURST AND
CONSTANTINE PHIPPS, FOR SERVICE PERFORMED IN ENGLAND FOR
THE PROVINCE.
Voted and Granted, That there be paid unto Sr Henry Ashhurst
Baronet and m! Coustantiue Phipps the Sum of One hundred pounds
Sterl. Each, in Acknowledgement of their kindness and Service in
appcariug and interesting themselves in the Affayres of this Governm*
in England ; And that two hundred pounds Sterl. more be put into the
hands of the said GentV to Enable them to pursue the same as there
shall be occasion. And his Excy and (council are desired to take care
that the s'? money's be remitted unto them out of the publick Kcvenue
of this Province with so much advance as is necessary to make the
difference of money betwixt this place and England. \^Approved
June 21.
[IsT Sess.] Province Laws (^Resolves etc.) . — 1(51)4-5. 5o
CHAPTER 15.
VOTE I'Oll ORDERING THE IMMEDIATE COLLECTION OF ARREARS
OF TAXES IN HAMPSHIRE COUNTY, EXCEPT IN ENFIELD AND SOUTH-
FIELD.
A IvEi'ouT of a committee of the house of representatives, with the
vote of the house thereou, for stating the acc'^- of the arrears of rates
of the several towns in the county of Hampshire, and the baUance due
from all the said towns, amounting to eighteen hundred fifty-seven
l)Oun(ls three shillings and a penny, as stated by the said committee,
to be fortliwith paid in to the treasurer in money or bills of creditt or
otherwise to his content, all except Enfeild and Southfeild, whicli are
suspended until the sessions of this court in ]May, 1G!J5; and that
Stebbins, late constable of Springfield, when their proportion
to the rate of £24,000, was assessed, be and is ordered and obliged
to collect the same, was read and, —
Voted^ in concurrance with the representatives. \_Ax)x^roved June 21.
CHAPTER IG.
VOTE FOR POSTPONING PAYMENT TO THE PROVINCE TREASURER
OF ARREARS OF TAXES COLLECTED BY SIMON WILLARD, A CON-
STABLE OF SALEM.
A VOTE of the liouse of representatives that the treasurer do for-
bear Capt. Simon Willurd, one of the constables of Salem, in the year
161)0, for about thu-ty pounds of the assessment committed to him,
standing out in arrears, untill May, 1695, was read, and, —
Agreed to by the vote of the council. [^Approved Jane 21.
CHAPTER 17.
VOTE FOR AUTHOfllZING THE GOVERNOR AND COUNCIL TO TAKE
MEASURES TO RENEW FRIENDSHIP WITH THE MAQUAS AND OTHER
WESTERN INDIANS, AND FOR DEFRAYING THE EXPENSES OF
AGENTS, ETC., FOR THAT PURPOSE, AND FOR REQUESTING THE
COOPERATION OF CONNECTICUT THEREIN.
Voted, That it be left with y^ Gov' and Council to take such proper
Measures as they shall thinke most advisable to renew the ancient
ffriendship alwaies continued betwixt their Maj-''^' Subjects of this
Province &? and the Maquas and other Nations of the "Western
Indians, and to Imploy and Instruct two meet ^sons to transact with
them and a Present to be made them not exceeding two hundi'ed
pounds ; which together with the incident charges attending is Granted
to be defreyed out of the Publick Revenue and that the Government
of Connecticutt be applyed to for their joyning and assisting in this
affayre. \_App)ro'ved June 22.
54: PiiOVLNCE Laws {Resolves etc.) . — 1(51)4-5. [Chaps, ly, I'J.]
OHAPTEK 18.
VOTE* FOll GRANTING AN ALLOWANCE TO JAMES TAYLOR, TREASURER
OF THE PROVINCE, FOR HIS SERVICES DURING THE PREVIOUS YEAR.
Voted That the Treasurer m"" James Taylor be allowed & paid two
hundred & fifty pouuds for his labour & paius in his last years service.
{^Approved Jane 22.
CHAPTER 19.
VOTE FOR APPOINTING A JOINT COMMITTEE TO AUDIT AND RECTIFY
ERRORS IN THE OFFICIAL ACCOUNTS OF JOHN PHILLIPS, LATE
TREASURER OF THE COLONY, AND TO GIVE HIM A DISCHARGE, ETC
Voted That James Russell, Elisha Cooke, Samuel Sewall and John
Foster Esq" with m' Kichard Middlecutt Captain Nathaniel Byfield,
Major Penn Townsend and m- James Taylor Be and hereby are ap-
point'-' and Impowred a Committee to revise tlie accompts of the
Treasury of the late Colony of the Massachusetts, and to rectify all
such Erro" & mistakes as shall appear therein ; whicli were not taken
notice of by the former Committees or otherwise, and upon adjusting
of the s"^ accompts to Signe and Seal a discharge to John Phillips
Esq^ late Treasurer, takeing sufficient Bond of him to make good
whatsoever shall be made appear to have been received by him or his
Order and not accompted for \_Ap)prov€d Jane 22.
* By tbo Council Records this vote appears lo have been signed by the Governor, June
22; but the original vote in the archives (vol. 100. p. 473) is not signed, and bears date
Juno fi. The inferi.'ncc is that the (iovernor did not declare his assent until sixteen days
after its i)assagc, and then may have signed the Secretary's minutes — a practice not
uncommon.
[2d Sess.] PuoviNCE Laws {Iteaolves etc.). — JGU4-5. ^^
VOTES
Passed at the Session begun and held at Boston,
on the fll'tii day of september, a. d. 1 694.
CHAPTER 2 0.
VOTE FOR NOTICE TO THE SELECTMEN OF WATERTOWN, UPON A
PETITION FOR LIBERTY TO ERECT A MEETING-HOUSE IN THE WEST
END OF THAT TOWN, AND APPOINTING A COMMITTEE TO HEAR THE
SAID SELECTMEN AND THE PETITIONERS. [Airproved September 7.
[^Printed ivith resolves, orders, etc., relating to the estahlisJtment, etc.,
of torois, etc.']
CHAPTER 21.
VOTE FOR A COMMITTEE TO RUN THE BOUNDARY LINES BETWEEN
CONCORD, CHELMSFORD, BILLERICA, WAMESIT, AND THE BLOODS'
FARMS, ETC., AND TO REPORT WHETHER THEY FIND ANY UN-
GRANTED LANDS REMAINING THERE. [Approved September 11.
\_Printed'witli resolves, orders, etc., relating to the establishment, etc.,
of toivns, etc.]
CHAPTER 22.
VOTE FOR EXEMPTING THE ST. JOSEPH, A PRIZE SHIP, AND HER CARGO
FROM ALL DUTIES AND IMPOST.
Upon Reading the Petition of Captain Robert Glover Coiiiancler
of the Sloop Dragon a Private man of War on behalfe of himselfe
and the Owners and Company of said Sloop ; Praying the ffavonr of
this Court, That a Prize Ship named the S- Joseph, Laden with Wine,
Brandy and other Merchandizes, lately taken by them from the Sub-
jects of the French King in the mouth of Canada River, and brought
into this Province, may be freed from all such Imposts and Duties as
are imposed and laid upon all or any part thereof by any Law of this
Province. —
Voted, That the said Prize Ship with all the Goods Wares and
Merchandizes taken in her, be discliarged and freed from all Dutys
and Impost required by any Act of this Government-/. \^Approved
September 14.
56 FnoyiNCB L>\yvs {Besolves etc.). — 1694-5. [Chaps. 23-25. J
CHAPTER 23.
VOTE FOR SENDING TO LONDON A SHIPLOAD OF NAVAL STORES FOR
THEIR MAJESTIES' SERVICE, AND FOR A CO.MMITTEE TO PROCURE
THE SAME.
Upon Heading a Letter from the R' Hono*!" yf Lords of their
Maj"P' most Hon*:^ Privy Council, directed unto the Governr Deputy
Governr Council and General Assembly, to Encourage and assist the
proposals made by S! Henry Ashhurst and Sf Stephen Evance, withiu
One year if possible to bring to the Port of London for their Maj"."
Service a Ship Load of Pitch, Tarr, Rozin, Plank and knee Timljcr ;
with an account attested under the hands of y* Governor and Assembly,
what (^uantitys thereof they will undertake to send Yearly,
Voted, That A Ship Load of the Naval Stores above-mentioned, be
provided with what Speed may be at the charge of the Publick, to be
sent within y':- Compass of the Year if possible And that Col"Gedney,
Col" Hutchinson, Major AYalley and mf Treasurer be a Committee to
procure the said Stores, and a Ship to transport them ; And that m-
Treasurer be Enabled to pay for the same ■/. [^Aj^proved September 18.
CHAPTER 24.
VOTE FOR ABATING THE SUM OF FIFTY POUNDS ERRONEOUSLY AS-
SESSED UPON THE TOWN OF IIADLEY IN THE TAX ACT PASSED BY
THE ASSEMBLY AT THE SESSION BEGUN AND HELD ON THE SECOND
DAY OF MARCH, A.D. 1692-3.
£
Upon Consideration of y*^ Assessm' to y" 30000 Tax Upon y' Town
of Hadly & findeing a Reall Ero^ Overchargeing them liftie pouuds
Voted, that y*^ s"^ Town be abated s** Sum of liftie pounds & the for-
mer Vote of this house abateing y"" but thirtie pounds of s** Ero"" is Null
& voyde, [Approved September 21.
CHAPTER 25.
VOTE FOR APPROPRIATING FOUR HUNDRED AND EIGHTY POUNDS,
FOR PROCURING NAVAL STORES, ETC.
Foii THE Beter Inableing the Treasurer to procure A Shipload of
Navall Stores ordered By this Court to be Sent to England.
voted that fouer hundred & Eighty pounds that is yet Remaining of
the Six hundred Seuenty flue pouuds New England money which v/as
ordered to be Remitted to S' Heury Ashurst be Improued to the End
aboue s*^ & that the Treasurer out of the Tax now Granted doe make
vp the s"^ Sum one thousand pounds or there abouts \_A2)proved
September 21.
[3d Sess.] ViioyiNCE hAyfs {liesoluea etc.). — lG"J4-5. 57
VOTES. ORDERS AND ADDRESS
Passed at the Session begun and held at Boston
ON the Sixteenth day of October, A. D. 1694.
CHAPTER 26.
VOTE FOR APPROVING THE ACCOUNT OF THE COMMISSIONERS TO
ALBANY, ETC.
The account of the comissiouers lately employed to Albany,
amounting to the sum of ninety-nine pounds twelve shill-^- and six-
pence, being laid before the com't by Samuel Sewall, Esq''-, and Major
Penn Townsend, two of the said comissiouers, was presented, —
Voted and approved of, to be paid out of the publick treasury.
[Approved October 19.
CHAPTER 27.
VOTE FOR ABATING TWENTY POUNDS ASSESSED ON THE TOWN OF
WENHAM IN THE PREVIOUS TAX ACT
Voted that the Town of Wenham being by a mistake in the
form'' Tax over Rated they shall be allowed twenty pounds in the
next assesm' that shall be graunted. [Approved October 19.
CHAPTER 28.
ORDER DIRECTING THE PROVINCE TREASURER TO ISSUE TO THOMAS
METCALF AND SAMUEL GUILD WARRANTS FOR COLLECTING ARREARS
OF TAXES IN THE TOWN OF DEDHAM, AND REQUIRING THE TOWN TO
PAY THEM FOR THEIR SERVICES.
Whereas Thomas Metcalfe and Samuel Guild were formerly ap-
pointed and Impowred Collectors within the Town of Dedham to
gather in the arrears of all such Rates as were committ'^ unto James
58 PROVINCE Ijaws (Hesolves etc.). ^l(j^JA-5. [Chaps. 29-31.]
Thorp Constable of s^ Town dece^ But have not hitherto been Enabled
by any warrant to collect the same or to make distress in case of
default.
Ordered, That m- Treasui-er do grant his warrant unlo the said Col-
lectors for the gathering in of the s'^ Arrears containing such powers
and Authority & as the Laws provide for the gathering in of any
Assessments since made, And that the Town do make them reasonable
allowance and Satisfaction for their trouble & Service in this Affayre. /.
\_Approved October 19,
CHAPTER 29.
VOTE FOR ALLOWING TWENTY POUNDS TO THE TOWN OF LANCASTER,
TO REIMBURSE EXPENSES OF FORTIFYING, ETC.
Voted, In concurrance with the house of representatives, that the
town of Lancaster, a frontier, in consideration of their great charge
of fortifying themselves, be allowed the sum of twenty pounds out of
the tax lately granted. \^Approved October 20.
CHAPTER 30.
VOTE FOR ABATING TWENTY-FIVE POUNDS ASSESSED ON THE TOWN
OF GROTON IN THE PREVIOUS TAX ACT, AND FOR POSTPONING
THE PAYMENT OF THE REMAINDER.
Upox reading the Petition of the Inhabitants of Groton Setting
forth their great distress and impoverishm- by reason of the desolations
made upon them by the Enemy. Praying to be Eased and abated of
their proportion to the last publick Tax or Assessm- amounting to the
Sum of Fifty pounds.
Voted, That the said Town be abated one halfc of the afores^ Sum
of Fifty pounds, and that m- Treasm'er do Suspend the calling for the
other halfe until the Fifteenth day of December next. The Assessors
forthwith to proportion the same upon their Inhabitants and to com-
mit the List thereof unto their Constables, that so the}' may be col-
lecting [Approved October 22.
CHAPTER 31.
VOTE FOR POSTPONING PAYMENT OF THE TAX ASSESSED UPON THE
TOWN OF OXFORD, IN THE PREVIOUS TAX ACT.
In answer to the petition of the Constable of Oxford
voted That the Treasurer suspend the Calling in the last Tax laid
on s'' town of Plight pound six shillings tell may court next [Approved
October 2o.
[3d Sess.] ritoviNCE Laws (^llesolves etc.). — 1GU4-5. 59
CHAPTER 32.
VOTE FOR A15ATING TO THE TOWNS OF YORK, KITTERY AND WELLS
THEIR PROPORTION OF THE LATE PROVINCE TAX.
Upon a Rkpiiesentation made of the impoverishment of the Coiiuty
of Yorke by reason of the great desolations made upon them lying
Frontier to y'' Enemy, and the Inhabitants there being taken off from
their buisness, and constantly upon duty for their defence
Voted and Granted^ That the seu'al Towns of Yorke Kittery & Wells
be abated their respective proportions to y° late Tax or Assessment.
\_Ap2)roved October 23.
CHAPTER 3 3.
VOTE FOR ALLOWING TWENTY-TWO POUNDS EIGHT SHILLINGS TO
CAPTAIN SAMUEL WHITE, TO BE DEDUCTED FROM HIS PROPOR-
TION OF PROVINCE TAXES.
Upon reading the petition of Capt. Samuel White praying an allow-
ance for himselfe and twenty-sis troopers under his command, imployed
in their maj"'''- service for the defence of the frontiers, and for
labour and charge of himself and several men employed about the
casting of great shot for their maj'''^''- service, —
voted that the suiii of twenty two pound Eight shillings be allowed
to Cai)' Sam^ white out of his ^portio to y'' sever' ^vinc Rates that
are or shall hereafter be laid upon him : vntill y*" sum aboves*^ be
sattisfied {^ApjJroved October' 26.
CHAPTER 34.
VOTE AUTHORIZING A COMMITTEE TO ENGAGE FOR THE TRANSPOR-
TATION OF NAVAL STORES TO ENGLAND, AND DIRECTING THE
PROVINCE TREASURER TO PAY FOR THE SAME.
Voted, That Col? Bartholomew Gedney, Col? Elisha Hutchinson,
Major John Walley, and ra": Treasurer the Committee appoint? by this
Court to provide a Ship Load of Naval Stores to be sent into England.
Be and are hereby Empowred * to take effectual care for the speedy
transportation of the same by takeing up or agreeing for a sutable
Ship upon hire, ffreight or otherwise interesting the Province therein on
tlie best Terms they can, and in such manner as they in their prudence
shall judge most for advantage of the Publick, And that m- Treas-
urer by order of the Governor with advice of the Council do disburse
and pay out of the late Tax the Sum of One Thousand pounds (or
more) if needed to P^ffect the same, for the cost of the said Stores,
and towards their Transportation (including the Sum of ffour hundred
and Eighty pounds remaining of the mouys formerly Ordered to be
remitted unto S- Henry Ashhurst.*) according to a former Vote of this
Court. \_Approved October 27.
* In the copy of records in tbe State Library, the former of these words is " appointed,"
and the latter is " Ashurst."
GO Province Laws {Resolves etc.). — 1694-5. [Chaps. 35-38.]
CHAPTEK 35.
VOTE FOR ABATEMENT OF TAXES COMMITTED FOR COLLECTION TO
JAMES SAMSON AND LETTIS JENERY, LATE CONSTABLES OF DART-
MOUTH.
Upon Reading the Petition of James Siimsou and Lettis Jenery
late Constables of Dartmouth, Praying an allowance and abatem' upon
y*" arrears of the Rates formerly committed unto them by reason of
divers of the Inhabitants of y*^ s'' Town being removed and others
rendred uncapable to pa}'.
Voted, That the Sum of nine pounds one shilling and Eight pence of
the proportion committed unto s'-* Samson be sunk upon the- Province,
and the s'-' 'J'own of Dartmouth are judged to make good, and assess
their Inhabitants for Six pounds more of his proportion ; As also the
Sam of flive pounds Eight shillings and ten pence of that part or pro-
portion comraitt-' unto s'-' Lettis Jenery. And that the Treasurer make
up accompts with them accordingly, and grant warrants to y*" Select-
men or assessors of s'- Town to assess what is hereby judged to be the
Towns due, as by a former act of this Court is provided. [^Ajiproved
October 27.
CHAPTER 36,
ADDRESS BY THE COUNCIL AND REPRESENTATIVES, TO KINO WILLIAM
AND QUEEN MARY. [Ordered to be signed, October 31 .
CHAPTER 37.
VOTE FOR ALLOWING ONE HUNDRED POUNDS TO ISAAC ADDINGTON,
SECRETARY OF THE PROVINCE, FOR HIS EXTRAORDINARY SER-
VICES IN THE YEAR 169i-5.
Tnis HOUSE taking into Consideration the Great Labour Trouble &
Charge of Issace Addington Esqr secretary of this Province & the
Inconsiderable Reward (that hath acrued by the Fees & perquisites)
in proportion to his paines
Voted That y'' s*^ Issace Addington Esq" bee Allowed out of y'^ Pub-
lick Treasury the suin of one hundred pounds money for his Extraor-
dinary service in this year 1094 : to y" last Wednesday of may next 6c
pray y'his Exl^ & Council will order it accordingly [Concurred in by
the Council, and approved October 31.
CHAPTER 38.
VOTE FOR ALLOWING FIFTY POUNDS TO INCREASE MATHER FOR HIS
SERVICES AT HARV.IRD COLLEGE DURING THE PREVIOUS YEAR.
Voted, In concurrance with the representatives, that ^V- Increase
INIather be paid by M"'- Treasurer the sum of fifty pounds, for his pains
and labour at the collcdge the last year. \_Approved November 1.
[3i> Sess.] Province Laws (Jiesolves etc.). — lG*J4-5. (jX
CHAPTER 39.
VOTE FOR EXEMPTING OPEN FISTIlNO-nOATS FROM THE DUTIES OF
TONNAGE OF SHIPPING.
Upon reading the Petition of sundry of the Inhabitants of IVfarblc-
licad on behalfc of s'- Town, Praying tliat they may be eased of the
duty of Tunage for tlicir Fisliing Shallops and tiiat they may ouely be
considered and taken in as other ratable Estate
Voted., That all open Ushing Boats be abated of the said duty of
Tunage and tiiat they pay onely to the Publick as other ratable Instate,
according to the valuation set by the Act or Acts of this Court for the
granting of Publick Taxes and no otherwise./ \_Approved Novem-
ber 3.
CHAPTER 40.
VOTE FOR ALLOWING COMPENSATION TO NATHANIEL WARE, CON-
STABLE OF WRENTHAM, FOR TRANSPORTING CORN IN THE YEAR
1G91.
Voted that their be allowed to Nath! Ware Cons'^ of Wrenthara for
Transportation of one hundred seventy six * bushells & an halfe of
C'o)*n paid in, in the year 1)1 : on ace" of the ten Rates according to
Law or ussage in s*^ Time at six pence ;ip Bush* \_Approved Novem-
ber 3.
CHAPTER 41.
VOTE FOR APPROVING THE ACCOUNTS OF JAMES TAYLOR, TREASURER
AND RECEIVER-GENERAL OF THE PROVINCE, OF THE ARREARS OF
PUBLIC TAXES TRANSMITTED TO HIM BY THE LATE TREASURER
OF THE COLONY.
M'' James Taylor Treasurer and Receiver General having pre-
sented his accompts of arrears of y'^ publick Rates made in y*^ time
of y^ former Government Transmitted unto him by John Phillips Esq""
late Treasurer &? Amounting to y"^ suib of Nine thousand seven
lunidred »& seventy two pounds nine shillings As standing out and
unaccounted for at that time And the same being Inspected and
Examined by a Committee appointed by y*^ House of Representatives
who have Reported thereon that y'^ several! Articles of pajanents made
by the Treasurer Charged in y'' said Accompt amounting to y" snm of
four thousand five hundred ninety and four pounds five shillings &
five pence In part of the said Nine thousand seven hundred seventy
two pounds nine shillings. Are made good by orders and vouchers.
Voted : That y*" said Accompts be Approved and Allowed of And
that y<^ said James Taylor Treasurer be and hereby is discharged
of and from y" said suiii of four thousand five hundred ninety four
pounds five shillings and five pence — £4594/5V5'^ \^Approved
November 3.
* " One hundred twenty-six " in the copy of records in the State Library.
02 Province Laws {Resolves etc.). — 1694-5. [Chaps. 42-44. J
CHAPTER 42.
VOTE FOR ALLOWING TEN POUNDS TO EBENEZER PROUT, CLERK OF
THE HOUSE OF REPRESENTATIVES. FOR HIS SERVICES.
Voted^ In coneurrance with the house of representatives, that M'
Eben''- l*rontt be allowed and paid out of the public treasury of this
province, the sum of ten pounds, in full, for his service as clerk of said
house, he recording the several votes, minutes and acts of that house
till May next, fair in the books. [^Approved November 3.
CHAPTER 43.
VOTE FOR ALLOWING TEN POUNDS TO WILLIAM TOMSON, A WOUNDED
SOLDIER.
Upon reading the petition of William Tomson, who was wounded in
their maj''""'- service, prajdng that some allowance may be made him, —
Voted^ In coneurrance with the house of representatives, for ten
pounds to be paid out of the public treasury, into the hands of M""
Timothy Thornton, to be by him imployed to the use of said William
Tompson, towards cloathing of him and his cure. [Approved Novem-
ber 8.
CHAPTER 44.
ORDER* FOR PAYING TWELVE POUNDS FOURTEEN SHILLINGS TO
HENRY EMMES, MESSENGER OF THE HOUSE OF REPRESENTATIVES,
FOR HIS SERVICES, ETC.
Pursuant to an act of the general assembly for ascertaining the
fees of the messengerf attending the house of representatives, and a
votej of that house that the governour and council be desired to order
the payment of twelve pounds fourteen shillings unto Henry Eames
their messenger for his service in journeys and attendance, fifty-eight
days until the third of November last past.
Ordered^ That M'- Treasurer do accordingly pay unto the said Henry
Eames the above sum of twelve pounds, fourteen shillings. \_Approved
December 5.
* This order is from the Executive Records of the Council, vol. 2, p. 298. It is inserted
here in lieu of the missing vote of the House, upon wliich it is founded.
t Province Laws. vol.L, 1(51)4-"), chapter 4, ante.
X No record of this vote has been found, nor h.as the oriirinal iKJcn discovered in the
archives; hut tliar the money was actuallx- paid according to the above order, appears in
tlio Tivasurer's hooks. — Archices, vol. J 22, p. 39.
[4tii Sess.] Province Lxwii (Uenolves etc.). — l(i'J4-5. 03
VOTILS AND ORDERS
Passed at tiii': Session begun and held at Boston,
ON Tiiii; Twenty-seventh day of February,
A.D. 1694-5.
CHAPTER 45.
VOTE FOR NOTIFYING THE SELECTMEN OF CONCORD, CHELMSFORD,
AND BILLERICA, AND OTHERS, TO APPEAR AND SHOW CAUSE
AGAINST THE GRANTING OF CERTAIN VACANT LANDS. {Approved
March ], 1604-').
\_Printeil wilh resolves, orders, etc., relating to the establishment, etc.,
of towns, ete.]
CHAPTER 46.
ORDER APPOINTING A COMMITTEE TO VIEW THE GRANTS AND CLAIMS
OF THE TOWN OF REHOBOTH, AND ITS BOUNDARY ON THE TOWN
OF ATTLEBOROUGH, AND TO REPORT THEREON. [Approved March .5,
1694-5.
\_rrmte(l vjith resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.'\
CHAPTER 47.
VOTE AUTHORIZING SHEARJASHUB BOURNE TO PURCHASE OF THE
INDIANS CERTAIN LANDS IN SANDWICH AND WAQUOIT. [Approved
March 3,1694-5.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of toums, etc.^
CHAPTER 48.
ORDER REQUIRING TOE PROVINCE TREASURER TO ALLOW TO DAVID
MORGAN, FORMERLY CONSTABLE OF SPRINGFIELD, THE SUM OF
TWENTY POUNDS FOURTEEN SHILLINGS AND TENPENCE, FOR
LOSSES AND EXPENSES ON GRAIN TAKEN BY HIM AS COLLECTOR.
Upon TxEading the Petition of David Morgan late Constable of
Spriugfiekl, Praying that he may be allow, for wastage charge of
04 PitoviNCE Laws (i?eNoZi;es ete.). — 10<>4-5. [Chaps. 4'.l-51.]
transportation and other Expences for the preservation of sen'"al
Quantities of Graine by him received in payment of seu''al rublick
Rates or Assessm'' eomitted unto him to collect in tlie year. ICJl.
Ordered, That m^ Treasurer do allow unto the said INIorgan n|)on
makeing up the accounts of his arrears of said Rates, on the Consid-
erations afores'^ the Sura of Twenty pounds ffourteen Shillings and ten
pence, said Constable to make good all the remainder of said arrears.
^Ap2rroved March 7, 1694-5.
CHAPTER 49.
ORDER DIRECTING THE PROVINCE TREASURER TO MAKE ALLOWANCES
TO CONSTABLES, FOR TRANSPORTATION OF GRAIN RECEIVED FOR
TAXES.
AViTKREAS there are snndry Acco".' yet depending relating to the
Arrears of publick Rates or Assessments vf"^ were granted in the year.
1(589. and since by the late former Government for allowances to
Towns, Constables & particular persons by Order of the General
Court or Gov^ & Council tben in being, and customary allowances for
transportation of Grain received in publick Assessments.
Ordered, That m' Treasurer upon makeing up the Accompts of Arrears
of those Rates with the Constables of the several Towns doe malce all
just & reasonable allowances as afores"? It being made ap[)ear to him
that y" same have not been already allowed and paid. [^Approved
March 8, 1694-5.
CHAP TEE 50.
VOTE FOR GRANTING TO NATHANIEL THOMAS A PIECE OF LAND IN
THE TOWN OF PLYMOUTH ADJACENT TO HIS. MESSUAGE AND THE
COURT-HOUSE. [Approved March 0, 1694--,.
\^Printed loith resolves, orders, etc., relating to the establishment, etc.,
of toivns, etc.']
CHAPTER 51.
VOTE FOR APPROVING THE ACCOUNTS OF JAMES TAYLOR, TREASURER
AND RECEIVER-GENERAL OF THE PROVINCE, FROM JUNE 29, 1093, TO
JUNE 29, 1G94.
Tin: Accompts of M] James Taj^lor Treasurer and Receiver Gen-
erall of this Province, beginiug the 29".' day of June 1693. and con-
tinned nnto y° 29'-'' day of June 1694 amounting unto the sum of
Twenty four thousand three hundred fifty three pounds nine Shillings
& five pence halfe penny haveing bin presented and laid before the
house of representitives, and Inspected by the said house, by which it
appears there was standing out on the s'.' 29*!' day of Juno 1694 y? vSum
of four thousand One hundred fifty Eight pounds Six Shillings &
Seven pence to be drawn into the Treasury and further to be
accompted for. —
[4tii Sers.] PitoviNCR Laws (Resolves etc.). — l'')04-5. G5
Voted, Tliat the said Accoinpts in tlio SeveniU Articles of i-eceipts
.111(1 [):iyiiients tiuiniiii ineivtioned ainoiiiiting unto the sum of Twenty
thousand One hundred ninty five pounds two Shillings &, ten pence
lialf penny bee and hereby are approved and allowed of; [^Apprn'^^ed
March 14\ 1694-5.
CHAPTEK 52.
VOTE FOR ALLOWING ONE HUNDRED AND FORTY POUNDS TO WILLIAM
STOUGHTON, TO REIMBURSE IIIM FOR ADVANCES MADE IJY IIIM IN
ENGLAND ON BEHALF OF THE PROVINCE.
Upon reading the petition of the Hon"'^- William Stoughton, Esq""-
moving for an order to be paid the value of one hundred and forty
pounds, which ho advanced and paid of his own money for the dis-
charge of moneys in England, taken up for the service of the late
colony of Massachusets, —
Voted, In concurrance with the house of representatives, that the
sum of one hundred pounds be paid out of their maj'"''''- treasury
unto the said William Stoughton, Esq'"-, in consideration thereof.
[Approved. 3farch 15^, 1694-5.
CHAPTER 53.
VOTE FOR APPROVING AND ALLOWING THE PROVINCE TREASURER'S
ACCOUNT OF BOUNTIES PAID BY HIM FOR WOLVES' HEADS.
An accompt of the sum of three hundred and twenty pounds ten
shillings, paid by M""- Treasurer in pursuance of the act of the general
assembly, on account of wolves killed, was laid before the council
and assembly, and by their vote approved and allowed of. [Ajijwoved
March 15, 1694-5.
CHAPTER 54.
VOTE FOR ALLOWING THE PROVINCE TREASURER'S ACCOUNT OF THE
AMOUNT DUE ON UNENDORSED BILLS OF CREDIT DELIVERED TO
HIM BY SUNDRY PERSONS.
]VP. Treasurer laid before the court an accompt of what is due to
sundry persons for bills of credit unendors't, delivered by them into
the treasury at the nett value for which they are not yett allowed,
amounting to the sum of ninety-six pounds three shillings, —
Voted, In concurrance with the bouse of representatives, that the
said accompt be and is allowed. [Approved March 15, 1694-5.
66 Province Laavs {Resolves etc.) . — 1G94-5. [Chaps. 55-58.]
CHAPTER 5^.
ORDER ALLOWING AN ACCOUNT J^XIIIIJITED BY THE PROVINCE TREAS-
URER, RELATING TO TOWNS, CONSTABLES AND PARTICULAR PER-
SONS.
An accompt of several matters depending, wherein the treasury is
concerned, relating to towns, constables and particular persons, laid
before tlie court by M"" Treasurer, for their directions and orders to
himselfe tlierein, were determined and, —
Ordered, as stated in the said accompt, and transmitted to the
treasurer. \_Approved March 10, 1694-5.
CHAPTER 56.
VOTE FOR ALLOWING COMPENSATION TO CALEB RAY, KEEPER OF THE
PRISON IN BOSTON, FOR THE KEEPING OF INDIAN HOSTAGES AND
PRISONERS.
An accompt was presented from Caleb Ray, keeper of their maj''"'-
prison in Boston, for his charges in keeping of the Indian hostages and
other Indian prisoners, etc., —
voted upon Terussall of the above ace' the house of Representatives
vote and paste in the affirmative that Caleb Ray be pd out of the
publick treasury of this province the sum of ninteen poud thre shil-
lings & on peny* [^Conc^trred in hy the Council, and approved
March 16, 1694-5.
CHAPTER 5 7.
VOTE FOR ALLOWING COMPENSATION TO JAMES MAXWELL, DOOR-
KEEPER TO THE GOVERNOR AND COUNCIL, FOR HIS SERVICES IN
THE YEAR 1691-5.
Voted and Granted That James IMaxwell Door-Kecper and mes-
seng^ be paid out of the Publick Treasurey after the Rate of thirty
Pounds ^ annum for his service in attending the Govern'' & Council
this year [^Approved March 16, 1 694-5.
CHAPTER 58.
VOTE FOR ALLOWING COMPENSATION TO EBENEZER PROUT, CLERK
OF THE HOUSE OF REPRESENTATIVES, FOR HIS SERVICES IN THE
YEAR 1694-5.
Voted and Granted That there be paid out of the Publick Treasury
of this Province to Ebenezer Prout (]!lerk to the house of Representa-
tives the sum of three shillings ^ Diem for Each Day of the session
* In both copies of the records this amount is given as " £19 Is. Zd."
[4tii Sess.] Pkovincr Laws (Jiesolves etc.) . — 1094-5. G7
& sessions of the assembly's seting in the year 1G94 to the Disolvcing
of this assembly. And as to the Entering Votes, Grants, and Acts,
past by the Assembly, to be allowed, at the next session, or sessions,
(as they) shall se cause to grant for the same when finished [Ap-
proved March 16, 1694-5.
CHAPTER 59.
ORDER FOR ArPOINTING APRIL 25, 1695, AS A DAY OF GENERAL
FASTING AND PRAYER.
Ordered, by the vote of both houses, that there be a general fast
upon the twenty-fifth day of April next, the I'-govcrn''- and council
to prepare a bill accordingly. [Passed March 16, 1694-5.
CHAPTER 60.
VOTE FOR REQUESTING THE REVEREND SAMUEL TORREY TO PREACH
THE ELECTION SERMON MAY 29, 1695.
A A'OTE was sent up from the representatives that the Rev"^ M'*
Samuel Torrey of Weymouth, be requested to preach a sermon to the
next general assembly, upon the 29"^ of May, 1695, which was ap-
proved of by the council, and his honour the lieutenant-governour
declared his consent. [Passed March 16, 1694-5.
CHAPTER 61.
VOTE FOR ALLOWING COMPENSATION TO HENRY EMMES, MESSENGER
OF THE HOUSE OF REPRESENTATIVES, FOR HIS TRAVEL AND SER-
VICES IN THAT OFFICE.
Voted and Granted That Henry Eames messenger of the Houses of
Representatives be paid by the Treasurer of this Province for time and
money Expended for Travelling wages the sum of one pound ten and
four pence to gather w*!' three shillings ^ Diem for attending this
House this last sessions begun 27'^ Feb! 1G94/5 [Concurred in by
the Council, and approved March 16y 1694-5.
68 Province Laws {Resolves etc.). — 1694-5. [Chap. Q'2.']
CHAPTER 62.
LETTER FROM THE GOVERNOR AND ASSEMBLY TO THE GOVERNOR
AND COUNCIL OF CONNECTICUT RESPECTING THE DEFENCE OF
DEERFIELD.
We have been given to understand by the lion''?* our L! Gov' That
upon application made unto yo- selves for releiving of y*^ Garrison at
Deerfield, you were so kind as to post 32. men there from yo- Colony
w".'' we thankfully acknowledge and desire the continuance of them
according as Was proposed unto you in his Hono" Lll' our Interests
cannot be divided, it is a common Enemy we are Engaged ag- and tho.
y*^ seat of War do's providentially lye nearer to our doors, yet it is
y" overruning & Extirpation of y'^ whole y- is sought & Endeavoured,
and if we be necessitated to give way and draw in you may not
Expect to stand ; It has been a received a* maxime in War y- it's
better to Engage y": Enemy at a distance than within our own borders ;
however the state of our publick affayres may be altered from w- they
sometime were, It is to be remembred we are as yet but Infant Plan-
ta*^"'." and it was y*^ prudence of our Fathers to make a Confederation
betwixt y"* seiDal neighbouring (Tovernm'-'' to yield mutual assistances
each to other to oppose y" common £)nemy. Vis xmita fortior being
their motto; And notwithstanding we are distinguished in respect of
Civil Governm- yet it is apparent by their Maj'i'^ Royal Com"" grant'-
unto S- W'." Phips they thought it necessary for their service and y" bet-
ter Protection and security of their subjects, within their seSal Colonies
more especially in this time of War. that y" whole militia should be
united and y''^ Governm- thereof but one, how justly then will they
Expect that we at all times yield mutual succours and assistances each
to other as there is occasion. The very sensible impressions made
upon their maj''." subjects within this Province by the heavy burdens
laid upon them, for y" prosecution of y*^ War under w*^.'^ they groan by
long continuance, necessitates us to lay y*^ consideration thereof, before
you and to move that j'ou would please to nominate two or more Com-
mission':' from yo'' selves to meet with such as may be appointed by
y'' L' Gov- & Council fully Impowred to treat and agree upon such
methods as they shall thinke best conduceing to y'' publiek safety, and
for disresting of y" Enemy, and what Quota of men and money each of
y" Governm'-' shall contribute thereto. And that they be likewise
impowred at y° same time to treat about an issue of yt uncomfortable
(lifterence w"^'' we understand (notwithstanding all 3't lias been hitherto
offered) continues, relating to y" claim made by some of yo" to part of
y" Towns of SufReld & Enfield, by running of. y* Line and agreeing of
y"- place where to begin the same ; We are sincerely desirous of main-
taining a good correspondance w- your selves, and that all things any
wise obstructive thereof may be removed ; which we shall studiously
P^ndeavour on our parte to approve our selves your loveing ffriends
and Neighbour? prajnng your speedy answer to w' is herein proposed
Boston. March. IG*-'' 1G94/5
By Command of the
L-Gov^ Council & Assembly
I A Secry
[^Approved March 16, 1694-5.
* Sic.
VOTES, ORDERS, LETTER,
PROCLAMATIONS, ETC.,
Passed 1695-6.
[69]
Ll'X'.ISLATIVE LIST
VOK
1695-6.
WILLIAM STOUGHTON, Esq.,
LlKUTlCNANT- OU DkPUTY-GoVEKNOK, ETC.,*
{ACTING GOVERNOR.)
ISAAC ADDINGTON, Esq.,
SECKETAUY OF the TKOVIXCK.
COUNCILLORS OR ASSISTANTS.
Of the inhabitants of, or proprietors of-, lands luithin the terrUonj formerly called
the Colony of the Massachusetts Bay : —
AViLLiAM Stoughton, Esq., Samuel Sewall, Esq.,
Thomas Danfoktii, P^sq., Samuel Siirimpton, EsQ.,t
John Pynchon, Esq., Elisha Hutchinson, Esq., J
Wait Winthrop, Esq., Isaac Addington, Esq.,
James Russell, Esq., AVilliam Browne, Esq.,
Bartholomew Gedney, Esq., John Phillips, Esq.,
Robert Phve, Esq., Jonathan Corwin, Esq.,
Elisha Cooke, Esq., John Foster, Esq.,
John Hathorne, Esq., Peter Sergeant, Esq.,
Daniel Peirce, Esq.
Of the inhabitants of or proprietors of lands ivithin the territory formerly called
New riymonth : —
William Bradeord, Esq., John Saekin, Esq.,
Barnabas Lothrop, Esq., Nathaniel Thomas, Esq.,
John Tiiaciiei;, Esq.
Of the inhabitants of , or proprietors of, land within the territory formerly called
the Province of Maine : —
Samuel AViieelwright, Esq., Charles Frost, Esq.,
Eliakim Hutchinson, Esq.
Of the inhabitants of, or proprietors of, land within the territory lying between the
river of Sar/adahoc and Nova Scotia : —
Joseph Lynde, Esq.
* lu addition to the ordinary functions of lieutenant-governor, as shown in his title given on p. 5, ante,
Stuughton was regularly invested with all the powers and duties of governor, upon the recall of Phips.
riiips died in London, Felj. 18, 1694-5, and the news of his death reached Boston on the fifth of May, 1695.
Before, as well as after, this event, the title which Stoughton sometimes assumed in his proclamations,
etc., and which was sometimes applied to him in legislative proceedings, was " Lieutenant-Governor and
Commander-in-Chief," etc. See note f on p. 43, ante.
t By Sewall's Diary it appears that he was chosen for the province, " at large."
t Sworn June 4th. All the other councillors were sworn on the thirtieth of May.
[71]
72 Pkovince Laws (ijfesoZves, e<c.). — 1G95-6. [REniESENTATivES.]
REPRESENTATIVES on DEPUTIES.
May 29, 1605 to March 7, 1603-0.
Mr. WILLIAM BOND,* n
NEHEMIAH JEWETT, Esq., S Speakeus.
Major TENN TOWNSEND. )
Boston,
Boxbury,
Dorchester,
Milton,
Bramtree,
Ilinyham,
Dedham,
Wcymoiilh,
McOJicld,
County of Suffolk.
Penn Townsend, J]sq.,
Edward liromfield, K.sc|.,
]\Ir. Timothy TJiorntoii,
Capt. Tlu'0])liilus Frary.f
Mr. William Denison.
Capt. Sanmel Clap. J
Mr. Thomaa Ilolman.
]\Ir. William Raw.son.
Daniel Cushinj^, senior, Esq,
Mr. John Baker.
]\lr. AVilliam To<rey.
Mr. John Ilarding-.^f
County of Middlesex.
Charlcslown,
Maiden,
Cambridge,
Mcdford,
Walertown,
Neivton,
Sudbury,
Marlborough,
Mr. Samuel Phipps,||
INlr. fJaeob Greene, jun.**
Capt. John Green.
]\Ir. Samuel Chamne.ff
Mr. Peter Tufts, jun.Jt
Capt. William Bond, Es(j.§§
Capt. Isaae Williams.
Mr. Joscjih Noyes.
JNIr. Abraham Williams.
County of Middlesex— CoTic/tw/crf.
Concord, IMr. Jonathan I'reseott.^flf
Billerica, ISIr. Sanuiel ManniMg,senior.]|
Wobur?i, Major James Convei-s.
licadiucj, Mr, Ilananiuh Parker.
Chelmsford, Maj. Thomas Ilinchman.***
County of Bristol.
Bristol, Mr. John Rogers.
%TauHto?i, Capt, Thomas Leonard,
Mr. Phillip King.
Tichobolh, Deaeon Samuel Peek.ftt
Swanzey, Ensign Joseph Kent.JJJ
Little Compton, Mr. Daniel Eaton.
Attkbo7^oufj]t, INIr. Joseph Brown. §§§
. County of Essex.
Salem, IMr. AVilliani Hirst.
Lynn, Capt John Burrill.^^^
Beverly, Lieut. Anilrew Eliott.||||||
Wenham, Capt. Thomas Fiske.****
Ipswich, Mr. Nehemirdi Jewet,tttt
Mr. John Wiiipple.
Rowley, Mr. John Piekard,JJ|J
• Bond went home ill on the twelfth of December, and died on the fifteenth. On the twelfth, Jcwctt was
chosen Speaker, " ni his room ; " but to siicli of his sii^niatures whde liolding that office, as have l)cen found,
he did not add, ";;;-o tempore." Townsend was chosen Speaker, February 28th, at the begiuuiug of the
fourth session. See resolve chapter 61, post, and note.
t "Frarey," in tba Secretary's list.
X " Clapp," in the Secretary's list.
^^ " Senior," in the town records, but not in the Secretary's list.
H Erroneously written " Hardy, " in the Secretary's list.
II " Phips," in the Secretary's list.
** "Green," in the Secretary's list.
tt " Chamnee,' ' in the Secretary's list.
Xi "TufTt" and "Junior" in the Secretary's list, but not 'c the town records nor in his signature.
^^S " Captain," in the town records, but not in the Secretary's list.
HH " Prescot," in the Secretary's list.
nil " Senior," in his signature.
*** " Henchman," in the Secretary's list.
ttt From the town records. He was sworn but his name is nut in the Secretary's list.
XXX " Ensign," iuthe town records, l)ut " Mr.," in the Secretary's list.
^§^ " Bro-\^-ne," in the Secretary's list.
^IIH " Junior," in the town records, but not in the Secretary's list.
mill " Lieutenant," in the town records, but " Mr.," in the Secretary's list.
**** July 24, 1695, the town chose " Capt. Tho* Fiske for a representative to go to the General Court at
their next sessions, to get the abatement of the Commissioners [of taxes ?] heads, perfected." On the third
of May the town voted to choose no representative. No record has been found of Fiske's having been sworn.
•tttt '* Jewett," in the Secretary's list.
++++ "Pikard,"- iu the Secretary's list.
[Representatives.] Province Laws {Remlves, etc.). — lG95-(3.
T6
County
Ncwburij,
Amcsbury,
Haverhill,
Andovcr,
Salishurij,
Toj)s/ield,
Oloucesier,
Mnrblchcud,
Box ford.
Kittcry,
OF EssKX — Concluded.
Lieut. IVistnini Collin.*
Mr. Tliomas Fowller.f
Mr. Peter Ayer.J
Maj. Dutllcy Bradstroot.§
Lii3ut. Henry True.*
Corporal Tobijali Perkins.
Capt. James Davis.*
IMr. Ptieharil Reitli.l
Mr. John Pebody.**
County ov Yokk.
IMr. James Emerey.ff
County of IIampsiiiue.
Spriuijfidd, ]\Ir. Abel AVriglat.
Norlkampton, Mr, Jose^jh Ilawley.
County of IlAMrsimu-: — Concluded.
Iladley, Mr. Timothy Nasii.
Ilalficld, Ensign Eleazer Frary.Jf
County ok Ply.-moutji.
Plymouth, Mr. John Bi'adionl.
Marshjicld, Mr, Natlianiel VVinslow.§§
Sciluate, Mr. Samuel Clap.
Bridyewatcr, Mr, Elihu Brett.
County of Baknstauli:.
Barnstable, Capt. Joliii (iorehara.|j||
Yarmouth, "Sir. Jasp(;r Taylor.
Sandwich, Mr. Samuel Prince.
Mr. Th(;mas Smitli.11"
Island of Nantucket.
Mr. James Collin.
HENRY BERING, Clerk.
JAMES MAXWELL, Doorkeeper and Messenger to the Lieutenant-
Governor and Council, and of the House of Itcjn'esentatives.
* " Lieutenant," in the town records, but "Mr.," in the Secretary's list.
t Sic; but "Fowler," in the Secretary's hst.
X " Ayre, " in the Secretary's list.
^ " Maj. Dudly Broadstraet," in the Secretary's list.
II " Corporal," in the town records, ))nt " Mr.," in the Secretary's list. Written " To))ia, " in the Secre-
tary's list, )jut "Tobiiah," in the town records, and Ijy himself.
11 Erroneously written "Riefe," in the Secretary's list.
** " Peebawdy," in the Secretary's list.
ft "Emery," in the Secretary's list.
XX " Ensign," in the town records, but " Mr.," and " Frarey," in the Secretary's list.
^ Erroneously entered " Isaac, "in the town records. The representative in the previous legislature
had been Isaac Little and hence iicrhaps the mistake of the town clerk.
III! Erroneously written " Green," in the Secretary's list,
HH A Thomas Smith (apparently the same person, each year), took and subscribed the qualifying
oaths in 1695 and 1698. There was a person of this name in Eastham, and another in Sandwich, each of
whom has been supposed to be the representative ; but m 1695, Samuel Prince represented Sandwich, and
in 1698, Israel Cole represented Eastham. That Smith was from Barnstable County is a reasonable con
jceture, but nothing has been received from the town clerk of any town in that county to coutirm this con
jecture beyond a doubt.
VOTES, ORDERS, CERTIFICATE, DECLA-
RATION, ETC.
Passed at the Session begun and held at Boston,
ON THE Twenty-ninth day of May, A.D. 1695.
CHAPTER 1.
VOTE FOR ALLOWING TEN POUNDS TO JOHN BEMENT, A WOUNDED
SOLDIER.
Voted by y^ house of Representatiues That upon Reading John
Bements Petition and Seeing his wounded hand That there be Tenn
Pounds in niony paid him out of the Publick Treasury in Compensa-
tion of that his damage, this not iucludeing his wages that is due —
[^Concurred in by the Council, and apjiroved June 8.
CHAPTER 2.
ORDER APPOINTING A HEARING ON THE PETITION OF THOMAS HINCK-
LEY PRAYING THAT TWO HUNDRED ACRES OF LAND NEAR SECONET
MAY BE LAID OUT TO HIM ACCORDING TO A FORMER GRANT, AND
FOR NOTIFYING THE ADVERSE PARTIES THEREOF. [Approved June 10.
\_Printed with resolves, orders, ete., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 3.
VOTE APPOINTING COMMISSIONERS TO MEET WITH THE COMMISSION-
ERS FROM CONNECTICUT, TO AGREE UPON A PLACE FOR THE
BEGINNING OF THE BOUNDARY LINE BETWEEN THAT COLONY AND
MASSACHUSETTS. [Approved June 11.
{Printed with resolves, orders, etc., relating to the establishment, etc,^
of towns, eicl
[75]
76 Province Laws {Resolves etc.). — 1695-6. [Chaps. 4-6.]
CHAPTER 4.
VOTE FOR ABATING ONE-HALF THE DUTIES OF TONNAGE AND POW-
DER-MONEY ON THE SHIPS HOPE AND BEAR.
Upon reading the petition of "William "Wallis, merch'-, part owner, in
behalf of himself and others concerned, in the ships named the Hope
and Bear, imployed to fetch masts for his maj'''^'^- service, and
bringing two foot companies of soldiers for New York, praying that
the said ships may be freed from the dutys of tunage and powder
money, —
Voted^ That there be halfe duty p"? on consideration that the Ships
had Merch*.' Goods on bord upon Freight and no more on considera-
tion that they are imployed for his Maj'-Y' Service. \_Approved June
12.
CHAPTER 5.
VOTE FOR NOMINATING AND APPOINTING A COMMITTEE TO AS-
CERTAIN AND REPORT THE QUANTITY OF NAVAL STORES THE
GOVERNMENT OF THE PROVINCE MAY UNDERTAKE TO SEND,
ANNUALLY, TO ENGLAND.
In Obedience unto his Maj'^' Commands Signified by the Rf Hou*?^
the Lords of his Maj''' most Hon^° Privy Council; Given at the Coun-
cil Chamber At Whitehall the b'"^ day of April. 1694.
Barth?. Gedney, Elisha Hutchinson &, John Walley Esq? with ml
Treasurer and such others as shall be jo3med to them of the Represen-
tatives, are appointed a Comittee to consider and Report what Quantities
of Pitch, Tar, Rozin, Planke Knee Timber and other Naval Stores for
the use of his Maj'y' Royal Navy «&c? the Goverumf here may under-
take to send yearly into England, that an account attested under the
hands of the Governor and Assembly may be transmitted — * * *
the house of Representatiues voted a Concurrance and haue made
Choyce of Maj^ Penn Townsend, Maj! Thomas Hinchman m^ Samuel
Clap, and m! Tristram Coffin, to Joyn with the aboue mentioned Gen!
to be a Committee to act as aforesci [^Approved June 14.
CHAPTER 6.
ORDER APPOINTING A COMMITTEE TO VIEW THE SITUATION OF THE
INHABITANTS OF THE WESTERLY PART OF THE TOWN OF PLYM-
OUTH, AND TO PROPOSE A LINE FOR SETTING THEM OFF INTO A
SEPARATE PRECINCT, ETC. [Approved June 14.
\^Printed with resolves, orders, etc., relating to the estaUishment, etc.,
of towns, etc.']
[1st Sess.] Province Laws {Resolves etc.) . — 1095-6. 77
CHAPTER 7.
ORDER DECLARING THAT CERTAIN LANDS CLAIMED TO HE A TART
OF THE TOWN OF Al'TLEBOROUGH UNDER THE ACT OF OC'I'OIiER
19, ifilM, BE AND REMAIN PART OF THE TOWNSHIl' OF REHOBOTH.
[Approved June 14.
\_Printed with resolves^ orderfi, etc., relating to the estahliahinent^ etc.,
of towns, etc.^
CHAPTEK 8.
ORDER FOR DISCHARGING FROM IMPRISONMENT JOHN HOYT, LATE
CONSTABLE OF AMESBURY, UPON HJS GIVING SECURITY, ETC.
Wjtkueas John TToyt late ConstalAe of tlic Town of Aimshnry is
beliiiul and in arrear of the [)ayment of the Sum of Forty nine pounds
Eight Shillings and nine pence of y'; pul)lick assessments comitted to
him to collect in the year 1G90 and which he ought to account for And
whereas he has Set forth in his Petition, that he is fal'n in decay in
his Estate the Enemy haueing plundred and despoyled him thereof and
l)urnt his house, and that he now lyes in prison under Execution for
the satne, and that he is likely to dye there unless speedily releived
Ordered, That upon the s'-^ John Hoyt' giueing Sutficient Security to
pay into the publick Treasury, the sum of Twenty pounds within the
space of one year next ensueing ; as also paying his Fees to the
Otlicer.s, the sheriff be and hereby is directed to discharge him from
his Imprisoiun- And the Remainder of y° s'* Sum of £.49 : 9 . 8 . is
hereby remitted unto the said Hoyt. \^Approved June 17.
CHAPTER 9.
ORDER FOR NOTIFYING THE INHABITANTS OF THE TOWN OF SPRING-
FIELD TO APPEAR AND ANSWER TO THE PETITION OF THE
INHABITANTS OF THE PART OF SAID TOWN LYING WEST OF THE
CONNECTICUT RIVER FOR LEAVE TO SETTLE A MINISTER. [Approved
June 77.
\^Priated loitli resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.'\
CHAPTER 10.
ORDER APPOINTING A COMMITTEE (ON THE PETITION OF ELEAZAR
FRARY, IN BEHALF OF THE TOWN OF HATFIELD, PRAYING FOR THE
GRANT OF CERTAIN LANDS) TO SURVEY THE SAME AND RETURN A
PLAT THEREOF, ETC. [Approved June 18.
\^Printed toith resolves, orders, etc., relating to the establishment, etc.,
of toions, etc.']
78 Province Laavs (liesolves etc.). — 1095-0. [CiiArs. 11-14.]
CHAPTEK 11.
ORDER FOR ABATING THE DUTIES OF TONNAGE AND ROWDER-MONEY
OF THE SHIP ST. JOSEPH, AND FOR GRANTING IIER A CLEARANCE.
WiiEUEAS the ship S' Joseph Mich'! Shute Ma*" is taken vp & Ira-
ployed l)y a CoiTiittee of the Gen" Assembly for the Transporthig of
her Lading of Naval Stores into Engl!' pursuant to y*^ directions of tlie
li' Hon'".'" the Lords of his Maj"' most Hon"''" Privy Council.
Ordered that y" dutyes of Tunage & Poioder money for s'' shij-) lie
abated & allowed vnto the Owners for this voyage, And that the olii-
cers concerned grant her Cleerings w"'out reqnireiug of the Same —
[^Approved June 18.
CHAPTEK 12.
VOTE FOR ALLOWING TWO HUNDRED AND FIFTY POUNDS TO JAMES
TAYLOR, TREASURER OF THE PROVINCE, FOR IIIS SERVICES IN
THE YEAR lO'Jt-o.
Voted In the house of Represeutatiues, That m'' James Taylor Treas-
nrer, be allowed for his last yeares Service — Two hundred and flifty
Pounds \_Concurred in by the Council^ and approved June 19.
CHAPTER 13.
VOTE FOR ALLOWING TWO HUNDRED POUNDS TO WILLIAM STOUGII-
TON, FOR HIS SERVICE IN THE PUBLIC AFFAIRS OF THE PROVINCE
DURING HIS EXCELLENCY'S ABSENCE IN ENGLAND, ETC.
Voted : In the house of Represeatatiues : That the Ilon^ Leiut :
Goul W'21 Stoughton Esq- Be Paid out of the Publicque Treasury of
the Province for his Service in the Publique affaires of this I*rovince
Since his Excellencj' went to England, & as Cheife Judge to this day
the Sume of Two hundred Pounds — [^Concurred in by the Council, and
approved June 19.
CHAPTEE 14.
VOTE FOR GRANTING AN ALLOWANCE OF FIFTY POUNDS TO INCREASE
MATHER, FOR HIS SERVICES AS PRESIDENT OF HARVARD COLLEGE.
Voted, In concurrance with the house of representatives, that the
snm of fifty pounds be ordered unto M''- Increase INIather, out of the
public treasury, for his service at the colledge the last year in the
vacancy of a setled president. \_Axiproved June 20.
[1st Skss.] Puovinoe Laws (Jiesolves elc) . — 1095-6. 79
CHArTEK 15.
VOTE APrOINTING A IIKARING ON THE DIFFERENCES BETWEEN THE
TOWNS OF CAMBRIDGE AND NEWTON, AND FOR NOTIFYING THE
SELECTMEN OF THOSE TOWNS, RESPECTIVELY.
Yoted, 111 concurraiKte with the roprcscnt.ativcs, that there be a
hearin"" of the difference betwixt the towns of Cambridtic! and Newton,
at the next sitting of the general assembly, and that the selectmen of
each town he notidud thereof by the secretary, and to give their
attendance. l^Aj^proved June 20.
CHAPTER 16
VOTE FOR ALLOWING TWENTY-FIVE POUNDS TO SAMUEL NEWELL,
A SOLDIER TAKEN PRISONER BY THE ENEMY.
Upon reading the petition of Samuel Newell of Roxbury, a soldier
formerly employed in his majestie's service, having suffered shipwreck
and taken prisoner by the enemy, and continued near five years in
their hands, having lately obtained his redemption by his friends' paying
down a sum of money for his ransom, praying that a reasonable allow-
ance may be made him, —
Voted, In coucurrance with the representatives, upon the considera-
tions aforesaid, and in full of his wages as a soldier, there be paid out of
the public treasury unto the petitioner, Samuel Newell, the sum of
twenty-five pounds. \_Approved June 20.
CHAPTER 17.
ORDER FOR THE PAYMENT OF TEN POUNDS FROM THE PROVINCE
TREASURY, TOWARDS REPAIRING THE PRISON IN THE COUNTY' OF
YORK.
In answere to the Motion of the County of York setting forth their
inability to raise Money for their defraying of County Charges by
reason of their poverty occasioned by the War ; and praying that y"
Fines in the hand of their Sheriff may be granted them for the Repair-,
ing of their Jail
This Court do Order, that ]\Ir. Treasurer doe pay to the Treasurer of
York Ten pounds out of the Fines in the Sheriff's hand toward the
repairing of their County- Prison-/. \_Approved June 21.
CHAPTER 18.
ORDER FOR REMITTING THE DUTIES OF TONNAGE AND POWDER-
MONEY ON THE SHIP FRIENDS' ADVENTURE, AND FOR GRANTING
HER A FREE CLEARANCE.
Upon Consideration of the many kindnesses done by his Excy.
Francis Russell Governour of the Island of Barbados unto the Inhabi-
tants of this Province trading vnto that Island.
80 Pkovinck Laws {Resolves etc.). — 1095-0. [Chaps. 19,20.]
Ordered That the dutys of Tunage and powder money be allow** and
abated for the Ship Friends Adventure now in this Port, Benj* JNIackey
Coinander, being the Interest of tlie said Governo.'' Russell in a consid-
erable part And tliat tlie odicers concerned grant cleerings for tlie s?
ship witliout demand of the s.'' duty' \_Approved June 22.
CHAPTER 19.
•
VOTE FOR ALLOWING FIFTY POUNDS, EACH, TO THE COMMISSIONERS
OF WAR, FOR THEIR SERVICES THE PREVIOUS YEAR, AND AFTER
THE SAME RATE FOR SUCH TIME AS EITHER OF THEM SHALL BE
RETAINED, NOT EXCEEDING ONE YEAR.
Voted That Coll',' P.artholmew Gidney and Majr Jn? AValley (the
Present Comniission'"s of Warr) Be paid fifty Pounds each, out of the
Publick Treasury for tlieir last yeares Service, which ended the sixth
day of Ai)rill last And after the same Rate for such fmther time as
tlu! Commission'"'' or either of them sliall further Continue to be
Improved in the said Service, not exceeding one yeare \_A2)proved
June 22.
CHAPTER 2 0.
VOTE DIRECTING JAMES TAYLOR, PROVINCE TREASURER, TO DELIVER
TO JOHN PHILLIPS, LATE TREASURER OF THE COLONY, HIS OFFI-
CIAL HOND, AND ORDERING SAID TAYLOR TO RKTAIN IN HIS
HANDS THE MONEY DUE FROM THE TREASURY TO SAID PHILLIPS.
Upon keading the petition of John Phillips, Esq'-, late treasurer of
the Massacliusets Colony, therein setting forth that whereas, upon
adjusting of accompts of the treasury' during that time, by a committee
appointed by the general assembly, according to tlie direction of the
assembl}^, he gave bond to the pres'- treasurer to make good and pay
into the treasury all and every such sum and sums as shall be made
appear to have been received by or duely paid unto him or liis order,
and not accounted for, in part of the sum of nine thousand five hun-
dred and tliirty pounds four shillings and a penny, returned by him as
then standing out, or otherwise, for Avhich he ought to have been
debited in his ac('omi)t, the greatest part of w'"''- said sum of nine
tliousand live hundred and thirty pounds four shillings and a penny
is since drawn into the treasury, praying that his said bond may be
delivered unto him, having five hundred and odd pounds creditt in the
treasury, and being willing the same should there ly until a period be
put unto the said affair, —
Voted, that the Present Treasurer ra"" Ja : Taylor deliuer Vp to
Coll',' John Pliillips his bond now in his the sa: Ja : Taylor Treasu-
rer! hands The mouy now due to su Phillips from the Treasury' to tliis
day, to remaine in said Tresnrers hands till his the sTt Phillips (his)
Accol! of the old Areares be adjusted — And the Treasurer is hereby
Ordered to Detaine the same in his hands accordingly. — [yl/iproi'ed
June 22.
[1st Sess.] Province Laws {Resolves etc.). — 1695-6. 81
CHAPTER 21.
VOTE FOR NOTIFYING SAMUEL GOOKIN AND SAMUEL HOW TO AP-
PEAR AND ANSWER TO THE COMPLAINT OF THE INDIANS OF
NATICK. [Approved June 24.
{^Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.'}
CHAPTER 2 2.
ORDER FOR GRANTING A HEARING TO THE SELECTMEN AND ASSESS-
ORS OF THE TOWN OF WEYMOUTH.
Upon reading the petition of the selectmen and assessors of the
town of Weymouth, representing and setting forth that they were set
over and above their due proportion to the last tax, —
Ordered, That they have opportunity, at the next session of this
court, to have a hearing and consideration thereof. [Approved June
25.
CHAPTER 23.
VOTE APPROVING THE ACCOUNT OF THE PROVINCE TREASURER, ETC.
M*' Treasurer presented an accompt of several matters depending
in the treasury, praying directions and orders to himself therein, which
was read and, —
Voted, in the several articles thereof, as stated in the said ace"-, and
transmitted to the treasurer. [Approved June 26.
CHAPTER 24.
VOTE FOR AN ADDRESS TO KING WILLIAM, REQUESTING HIM TO
SUPPORT THE GARRISON AT PEMAQUID, ETC.
Voted, That his maj'^- be humbly addressed to support the garrison
at Pemaquid, and also to settle Port Royall and S'- John's in Accadie,
and that we may not be charged with any quota of men to New York,
and that an address be accordingly prepared. [Ordered to be trans-
cribed, and signed by the Lieutenant-Governor and Speaker, June 26.
CHAPTER 25.
CERTIFICATE OF THE LIEUTENANT-GOVERNOR AND ASSEMBLY, TO THE
PRIVY COUNCIL, AS TO SUPPLYING NAVAL STORES, FROM THE
PROVINCE, FOR THE USE OF THE ROYAL NAVY.
In Obedience unto his Maj'^' Commands Signified by the R? Hon*^
the Lords of his Maj'y' most Hoh^'^ Privy Council.
82 Province Laws {Resolves etc.). — 1695-6. [Chaps. 26, 27.]
The D Governo- and Assembly of his Maj'^' Province of the Massa-
chusetts Bay in New-England, In all humility do offer, That his
Maj'f may be yearly Supplyed from this his Territory with the several
Species & Quantitys of Naval Stores hereafter mentioned for the use
of his Royal Navy.
That is to Say.
One hundred and Fift}- Tuns of Rozin
One hundred and Fifty Tuns of Pitch and Tar
Two thousand Tuns of Timber, as Standard Knees, Compass timber,
Clamps, Beams, Futtocks & other Timber.
One hundred Thousand Feet of Oak Plank.
And when the hazards and troubles by the Indians are over, greater
Quantitys of each of the said Species may annually be procured.
R? Hon^<=
To the R? Hon^« the Lords His Maj'^' mos't dutiful Subjects
of his Maj'y' most Ilon^ and yo^ Lord?? most humble Serv'.'
Privy Council. {^Adopted and passed June 26.
CHAPTER 26.
VOTE FOR APPROVING AND ALLOWING THE PROVINCE TREASURER'^
ACCOUNTS FROM MAY 29, 1694, TO MAY 29, 1G95, INCLUSIVE.
The accompts of M'- James Taylor, treasurer and receiver-general
of this province, beginning the 29'*' day of June, 1694, and continued
unto the 29"' day of May, lG9o, amounting unto the sum of twenty-five
thousand eight hundred twenty-six pounds twelve shillings and nine-
pence halfpenny, having been presented and laid before the house of
representatives and inspected and examined by a coinittee appointed
by said house, by which it appears that there was standing out
on the said 29"' day of May, 1695, the sum of three thousand sixty-
nine pounds eighteen shillings and one penny to be drawn into in* treas-
ury and further to be accounted for, —
Voted, In concurrance with the representatives, that the said accompts,
in the several articles of receipts and payments therein mentioned,
amounting to the sum of twenty-two thousand five hundred fifty-six
pounds fourteen shillings and eightpeuce halfpenny, be and hereby
are approved and allowed of, and that the said James Taylor, treas-
urer, be and is hereby discharged from the said sum. [Approved June
27.
CHAPTER 27.
VOTE FOR APPROVING AND ALLOWING THE PROVINCE TREASURER'S
ACCOUNTS OF ARREARS OF PUBLIC TAXES LAID BY THE FORMER
GOVERNMENT, FROM JUNE 29, 1694, TO MAY 29, 1695.
M*- James Taylor, treasurer and receiver-general, having presented
his accompts of arrears of the public rates made in the time of the
former government, beginning the 29"' day of June, 1694, and con-
tinued unto the 29"^ day of May, 1695, amounting to the sum of five
thousand three hundred twenty-five pounds one shilling and ll'^i and
the same being inspected and examined by a coinittee appointed by
• Sic.
[1st Sioss.] Province Ijawh (Jiesolves elc.) . — IGDH-fi. 83
the house of representatives, who liave reported thereon th:it the
several articles of payment made ])y the treasurer, char<:c(^(l in tlie
said ace"', amounting to tlu; sum of four thousand tln-e(; hundred
seventy-five pounds three shillings and threepence, in part of the said
fivethousnnd three hundred twenty-five pounds one shillings and eleven
pence, are made good by orders and vouchers, —
Voted, In concurrance with the representatives, that the said
accompt be approved and allowed of, and that M""- James Taylor,
treasurer, be and hereby is discharged of and from the said sum of
four thousand three hundred seventy-five pounds three shillings and
threepence. ^Approved June 27.
CHAPTER 28.
DECLARATION CORRECTING ERRORS IN THE ACCOUNT LAID BEFORE
THE GENERAL COURT, FEBRUARY 27, 1694-5, BY JAMES TAYLOR,
PROVINCE TREASURER.
Whereas, M""- James Taylor, treasurer and receiver-gen'-, laying
his accompts before the general court at their sitting the 27"^ of Feb-
ruary, 16U4-5, a discharge was then given to said treasurer, mention-
ing the whole sum of said accompts to be twenty-four thousand three
hundred fifty-three pounds nine shillings and five pence halfpenny,
whereof four thousand one hundred fifty-eight pounds six shillings
and sevenpence was then standing out to be drawn into the treasury,
and that the said treasurer had paid out twenty thousand one hundred
ninety-five pounds two shillings and tenpence halfpenny ; upon far-
ther examination of said accompt, it now appears, and is, —
Declared by the lieut. governour, council and assembly, that there
was seven hundred nineteen pounds sixteen shillings overcharged,
both in debt and credit, so that tlie true sum of the debt was and is
twenty-three thousand six hundred thirty-three pounds thirteen shil-
lings and fivepence halfpenny ; and of the credit, nineteen thousand
four hundred seventy-five pounds six shillings and tenpence halfpenny,
and the sum to be drawn into the treasury the same as above men-
tioned ; viz'-, four thousand one hundred fifty-eight pounds six shil-
lings and sevenpence. [^Approved June 27.
CHAPTER 2 9.
VOTE OF ADVICE, ETC., ON THE APPLICATION OF THE GOVERNOR
OF THE PROVINCE OF NEW YORK, FOR A QUOTA OF THREE HUN-
DRED AND FIFTY MEN, TO BE POSTED AT ALBANY.
Whereas the Hon''!'' the L' Governo" has been pleased to lay before
the Councill and Assembly a Letter receiued from his Excellency the
Governo'' of New York, during this Sitting of the Generall Assembly
here. In which he makes application unto his Houo'"for a Quota of three
hundred and fifty men to be Posted at Albany.
We humbly offer. —
That We are in no Capacity to Answer his Excy" Demand for
y" Said Quota, without apparent hazard of Exposeing his Maj*""^ Inter-
84 Province IjAWS (liesolves etc.) . — lOO^-G. [Chaps. 30-33.]
ests within this Province, haveing not men Sufficient to preserve our
own ffrontiers, which are of So Large Extent, and to offend the
P^ueniy, by wiiome we may rationally Expect to be Suddainly Assaulted,
and are necessitated, to apply unto our Neighbours for Assistance.
All which we hau(! humbly Represented & laid before his Majestic —
[^A(lo2)f,e(l and passed^ June 27.
CHAPTER 30.
VOTE FOR ALLOWING TEN POUNDS THIRTEEN SHILLINGS TO CALEB
RAY, KEEPER OF HIS MAJESTY'S PRISON IN BOSTON.
An Accompt presented by Caleb Ray, keeper of his maj''^"- prison
in Boston, for keeping the Indian hostages from the first of March last
past, and the keeping of I'obort Sherwood, was read and, —
Voted, A concr.rrance with the repi'esentatives, that there be paid
unto the said Caleb Kay, the sum of ten jwunds thirteen shillings.
[^Approved June 28.
CHAPTER 31.
ORDER FOR PAYING TO SUNDRY PERSONS THE VALUE OF UNEN-
DORSED BILLS OF PUBLIC CREDIT, BROUGHT IN TO THE TREASURY
BY THEM.
An accompt of bills of credit nnendorst, "brought into the treasury
by sundry persons, amounting to thirteen pounds five shillings and six-
pence, was presented, and, —
Ordered, That M"- Treasurer do pay unto each of the said persons the
like sum in said bills expressed. [Ajyproved June 28.
CHAPTER 3 2.
ORDER FOR ALLOWING FIVE POUNDS PER CENT TO WILLIAM WELSTEED,
NAVAL OFFICER FOR THE PORT OF BOSTON AND CHARLESTOWN.
Ordered, That AV" Welsteed Naval Officer be allowed and paid the
Sum of Five pounds ,g> Cent, for his care and Service in receiving &
paying of the duty of Powder money [^Ajiproved June 28.
CHAPTER 33.
ORDER FOR GRANTING TO SIR HENRY ASHURST, KNT. AND BART.,
AGENT FOR THE PROVINCE, ONE THOUSAND ACRES OF VACANT
AND UNIMPROVED LAND, ETC. [Approved June 2S.
\_Printed with resolves, order's, etc., relating to the establishment, etc.,
of towns, etc.Ji
[1st Sess.] Pkovince hwwii {Resolves etc.). — 1(J*J5-G. 85
CHAPTER 3 4.
VOTE FOR ALLOWING TEN POUNDS TO HENRY DERING, CLERK OF
THE HOUSE OF REPRESENTATIVES, FOR HIS SERVICES.
Voted in the house of Representatiues that Ileury Deiing be
allowed in full for his Service as clerk to this house in the Yeare IG9;>
and the Yeare JG'jr) to this day Tenn pounds to be paid him out of the
Publick Treasury of the Province — ^Concurred in by lite Council^ and
itpp roved June 28.
CHAPTER 35.
VOTE FOR ALLOWING TO JOHN WAITE, TWELVE POUNDS MORE THAN
HE HAS ALREADY RECEIVED FOR STORAGE OF GRAIN FORMERLY
TAKEN BY HIM FOR PUBLIC TAXES.
Ui'ON READING the jJetitiou and accompt of John Wayt, of lioston,
for storage of grain formerly received for public taxes and laid into
his warehouse, —
Voted, In concurrance with the representatives, that the said John
Wayt be paid twelve pounds out of the public treasury more than he
has already received, and is to be in full for the said storage, [^i^-
p roved June 28.
CHAPTER 36.
VOTE FOR ALLOWING TWENTY POUNDS TO ANTHONY CHECKLEY, FOR
HIS SERVICES AS ATTORNEY-GENERAL.
Ui'ON READING the petition of Capt. Anthony Checkley, his inaj""'-
attorney-general for this province, praying for such allowance as may
comijensate his expences and trouble sustained in his maj'"''*' and
the countrie's business, —
Voted in y'' house of Rep'"sentatiues that Capt Anthoney Checkly be
paid Twenty pounds out of y*^ Publick Treasury In full for his seruice as
Attorney Generall to this Day. \_Concurred in by the Council^ and
(ipjjroved June 28.
8(5 FiioYmcE L,AW& (liesolves etc.) . — 101)5-6. [CiiArs. 37, 38.J
ORDER AND VOTES
Passed at the Session begun and held at Boston,
ON the Fourteenth day of August, A. D. 1695.
CHAPTER 37.
ORDER CONTINUING TO THE NEXT SESSION BUSINESS REFERRED
FROM THE FIRST SESSION OF THE GENERAL COURT.
Whkukas several matters moved by Petition and otherwise at y?-
first Session of this General Court or Assembly begun and held upon
Wedensday the 29'^ day of May last were Refer'd to be considered at
their next Sitting : And Forasmuch as the Season of the year is such
with respect to the Harvest as requires a Speedy recess of the ^Nlem-
bers of this Court into the Country, And a longer Session would be
greatly prejudicial at this time, than what is absolutly necessary to
advise and direct with reference to the Security and defence of the
Frontiers and prosecution of the Enemy, and what else may concern
the Publick.
Ordered That all such References be and are herel)y continued to be
considered and determined at the next Sitting of tliis Court. —.[^1^'-
prooed Auyast 15.
CHAPTEK 38.
VOTE OF ADVICE TO THE LIEUTENANT-GOVERNOR THAT ASSISTANCE
TO THE GOVERNOR OF NEW YORK IN REBUILDING FORTIFICA-
TIONS, ETC., ON THE FRONTIERS OF THAT PROVINCE EE REFUSED;
AND GIVING REASONS THEREFOR.
The IIon'2^' LT Gou^ laying before this Court a Letter directed unto
himself e from the Gou'' of New Yorke in which he refreshes his apply-
catiou for Assistance from this Province for the repaireing or Rebuild-
ing of the fortifications on the frontiers of the said Province of New
Yorke.
As we haue lately Represented unto his Hono! of Incapacity of
spareing any men, so we further offer, that we cannot afford them any
other Assistance, not haneiug a Treasury Suflitieut to Support the
necessary charges ariseing within this Province, for the preservation
and defence of his Maj|i^ Subjects & Interests within the Same ; This
Province being the Chief Seat of the Warr, lying more Exposed, &
beino" more hardly pressed by y° Enemy than the Province of New
Yorke ; that Province being also lately Enforced with three ffoote
Companys under Establishment from England :
Voted in the affirmatiue. [^Passed August 16.
[2d Sess.] Viio\ iNCi!! h^^\ a {liesolves etc.). — 16'J5-G. 87
CIIAPTEII 39.
VOTK REQUESTING PETER SERGEANT TO ASSIST THE AGENTS OF THE
PROVINCE, IN ENGLAND, ETC., AND PROVIDING EOR HIS INSTRUC-
TIONS.
Vot^ That Peter Sergeant Esq^ a member of his maj'^' Council here,
now intending a voyage into Enghmd, be desired to be Assistant unto
our Agents Kesid- there in our j^ublick Affayres depending before liis
Maj'?^ and for the makeing of such further applications as may conduce
to the publick benefit and advantage of tlie Trovince — And the U
Gov- and Coinicil are desired to give him particular Instructions
therein. \^A2>2>rovecl August 17.
CHAPTER 40.
VOTE FOR ALLOWING FORTY POUNDS, EACH, TO THOMAS DANFORTH,
WAIT WINTHROP AND SAMUEL SEWALL, JUSTICES OF THE SUPERIOR
COURT, ETC., FOR THEIR SERVICES DURING THE PREVIOUS YEAR.
Voted.! That there be paid unto Tiiomas Danforth, Wait Wintlirop
and Sam"- Sewall, Escf'- , justices of the superiour court of judica-
ture and court of assize, the sum of forty pounds, each, for their last
year's service. \_Aiyproved August 17.
88 Frovince Li AW a (Hesolves etc.) . — 16y5-6. [CiiAi'a. 41-44.]
ORDERS, VOTES, PROCLAMATION. ETC.
Passed at the Session begun and held at Boston,
ON THE Twentieth day of November, A.D. 1695.
. CIIAPTEK 41.
ORDER FOR NOTIFYING THE INHABITANTS OF THE WEST PART OF
WATERTOWN TO APPEAR AND ANSWER TO THE PETITION OF THE
INHABITANTS OF THE EAST PART OF SAID TOWN. ll'asscd A'wem-
ber 25.
\^Pri)ited with resolves^ orders, etc., relating to the establishment, etc,
of towns, etc.']
CHAPTER 42.
VOTE ENLARGING THE TOWN OF HATFIELD BY ANNEXING A TRACT
OF LAND ADJACENT THERETO ON THE WEST. [Approrcd Xoiembcr 26.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, ete.]
CHAPTER 43.
ORDER FOR ALLOWING TEN POUNDS OUT OP THE PROVINCE TREASURY
TOWARDS THE SUPPORT OF A MINISTER AT NEWICHAWANNOCK.
Ordered, Tliut there be allowed the sum of ten poiuuls out of the
public treasury, towards the support of a ministex' for this year, at
Newitehewanuick, the upper part of the town of Kittery, so tliat it
appear they be supplied with a minister. \_Approved November 2G.
CHAPTER 44.
ORDER FOR PAYING ELEVEN POUNDS OUT OF THE PROVINCE
TREASURY AS A BOUNTY FOR ELEVEN WOLVES KILLED IN THE
TOWN OF DEERFIELD AND NOT REGULARLY CERTIFIED.
Ordered, That there be paid unto Capt. Sam"- Partrigg, on behalf
of the persons concerned, eleven pounds, out of the public treasury,
for eleven wolves killed in the year 1G94, notwithstanding the eertiii-
catc be not returned in the form the law now i)rescribes, being made
out before that law by the constables of Deerfield. \_Approved Novem-
ber 26.
[3d Sess.] Province LiAwa (Resolves etc.). — 1G<J5-G. 89
CHAPTER 45.
VOTE FOR SETTING OFF A PRECINCT IN THE WESTERLY PART OF
THE TOWN OF PLYMOUTH. [Approved November 2G.
\_Pnuted with resolves, orders, etc., relating to the etabiishment, etc.,
of towns, etc.']
CHAPTER 46.
VOTE FOR ALLOWING TEN POUNDS TO THE TOWN OF WENHAM IN
CONSIDERATION OF OVER-TAXATION IN THE YEAR IGiX).
Upon heading the petition of the selectineu of Wenbuui, praying an
allowance of what they were overcharged upon their polls in assess-
ments made in the year IG'JO, for so many men as they had then
abroad in his majestie's service, other towns having been allowed the
same, —
Ordered, That INP- Treasurer do make allowance of the sum of ten
[)ound3 unto the said town of AVeuham, upon the consideration afore-
said. \_Apj)roved November 21.
CHAPTER 47.
ORDER FOR ABATING CERTAIN TAXES FORMERLY ASSESSED TO
FERDINANDO THAYER AND WALTER COOK, BOTH OF MENDON. *
Upon reading the several petitions of Ferdinando Thayer and
Walter Cook of Meudon, therein setting forth the adversities that have
severally befall'n them, whereby they are reduced to extream poverty
and distress, praying that they may be remitted and abated the arrears
of their rates, assessed upon them in the years 1G89-90 and 91, yet
uui)aid ; that is to say, seven pounds ten shillings from the said
Thayer, and eight i)ounds fourteen shillings and twopence from the
said Walter Cooke, —
Ordered, That the s''- Thayer and Cooke be allowed and abated
the respective siuiis in arrear as abovesaid, and that M'- Treasurer
do allow it in making up accompts with the several constables. \^Ap-
proved November 28.
CHAPTER 48.
ORDER GRANTING AND CONFIRMING TO SAMUEL SEWALL AND WIFE
FIVE HUNDRED ACRES OF LAND AT PENNECOOK, IN PLACE OF
LANDS FORMERLY GRANTED TO THEM ON MERRICONEAG NECK.
[Approved December 3.
[Printed ivith resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
90 PiioviNCE Laws (i?esoZve6' e^c). — 1(31)5-0. [Chaps. 49-51.]
CHAPTEK 49.
ORDER FOR GRANTING AND CONFIRMING TO JAMES RUSSELL ONE
THOUSAND ACRES OF UNAPPROPRIATED LAND NEAR QUINSIGA-
MOND POND. [Approved December 3.
\^ Printed with resolves, orders, etc., relating to the establishment, etc.,
oj towns, ete-j
CHAPTER 50.
VOTE FOR APPROVING AND ALLOWING THE PROVINCE TREASURER'S
ACCOUNTS FROM MAY 29 TO NOVEMBER 7, 1695.
TiiK ACCOMPTS of M^- Jaines Taylor, treasurer aud reeeiver-gen**-
for this province, beginning the 29"' day of May, IG'Jo, aud continued
unto the 7"' of November following, amounting unto the sum of
twenty-seven thousand seven hundred ninety-seven pounds ten shil-
lings and one penu}', having been presented and laid before the house
of representatives and inspected by said house, l)y which it ai)pears
there was standing out, on the said 7"' day of November, the sum
of eight thousand six hundred thirty-four pounds nine shillings and
tenpence, to be drawn into the treasury and further to be accompted
for, —
Voted, In concurrance with tlie representatives, that the said accompts,
in the several articles of receipts and payments therein mentioned,
;uii()iiuting to the sum of nineteen thousand one hundrud sixty-three
pounds and threepence, be and hereby are approved and allowed of.
\^Approved December 8.
CHAPTER 51.
VOTE FOR APPROVING AND ALLOWING THE PROVINCE TREASURER'S
ACCOUNTS OF ARREARS FROM MAY 2'J TO NOVEMBER 7, 1695.
M"' Jamks Taylor, treasurer and receiver-general, having presented
his accompts of arrears of the public rates, made in the time of the
former government, beginning the "iO"* of May, 1695, and continued
unto the 7"'' day of November following, amounting unto the sum of
one thousand eight hundred thirty-three pounds eleven shillings and
eightpeuce, aud the same being inspected and examined by a com-
mittee appointed by the house of representatives, who have reported
thereon that the several articles of payments made by the treasurer,
charged in the said accompt, amounting to the sum of eleven hundred
forty-three pounds eleven shillings and niuepence, in part of the said one
thousand eight hundred thirty-three pounds eleven shillings and eight-
jjence, are made good by orders and vouchers, —
Voted, In concurrance with the representatives, that the said accompt
be approved and allowed of, and that M""' James Ta^'lor, treasurer, be
and hereby is discharged of and from the said sum of eleven hundred
forty-three pounds eleven shillings aud uinepence. \^Approved Decem-
ber 3.
[3d Sess.] PiioviNCE Laws {Resolves etc.). — 1GU5-G. 91
ClIAPTEK 52.
VOTE FOR ALLOWING SIX SHILLINGS AND EIGIITPENCK, APIECE, TO
WILLIAM IIOLBIIOOK AND OTHERS FOR KILLING TWELVE WOLVES.
TO BE PAID OUT OF THE ARREARS OF THE RATES OF THE TOWN OF
MENDON.
Voted, lu concurrance with the representatives, that Will'" Hol-
brooke of Meudou and others be allowed six shillings and eightpeiice,
npc'ice, for twelve wolves by them kilUMl, out of the arreures of the rates
of the town of Mendon, granted in the time of the late government,
being so inueh as the law then allowed, and that M''- Treasurer do
aeeordhigly pass the same, in aecoimtiug with the constables of said
town. [Ajqrroved December 4.
CHAPTER 53.
VOTE RESCINDING THE VOTE OF JUNE 22, 1695, AND AUTHORIZING THE
PROVINCE TREASURER TO PAY OVER TO JOHN PHILLIPS, FORMERLY
TREASURER, ETC., PUBLIC MONEYS IN HIS HANDS BELONGING TO
SAID PHILLIPS.
Whereas by an order of this Court made at their Session begun the
29".' day of May last past, y'' moneys then due from the Treasury unto
John Phillips Esq^ late Treasurer of the Massachusetts Colony upon
his own motion was directed to lye as a Deposit in y*^ Treasury till the
Accompts of the old arreares in the time of his Treasurership be ad-
justed. And the present Treafer was therein also ordered to detain
the same in his hands accordingly —
And Forasmuch as the s'? Accompts are now drawn well towards an
Issue, and the s^ John Phillips being very well able and of Estate
Sufficient to answer what and so much of the s'? Arreares as yet are
outstanding that may be properly chargeable to him —
Voted That the Effect of the aforerecited order do cease and that
the Treasurer do no longer withhold the payment of the moneys owing
unto the si John Phillips, he nevertheless standing obliged to make
good out of his own proper Estate any sum or sums of the s- Arrears
that he ought to be accomptable and satisfye for— [Apjyroved Decem-
ber 6.
CHAPTER 54.
VOTE FOR ALLOWING SIXTY POUNDS TO ISAAC ADDINGTON, SECRE-
TARY OF THE PROVINCE, FOR HIS EXTRAORDINARY SERVICES IN
THE YEAR 1695-6.
This House considering the constant Labour & Charge of Isaac
Addington Esqr His Maf Secretary ; and that there are no Fees or
Perquisites belonging to his Place any way proportionable to his Pains,
Do grant that there be allowed unto the sd Isaac Addington Esqi-
Secretary, out of the publick Treasury the Sum of Sixty pounds for
his extraordinary Service in this present year 1695. And pray that
the Hon''''' the Lieut Gov"^ & Council will order the payment of it
accordingly. {^Concurred in by the Council^ and approved December 10.
92 PnoviNCE Laws {Besolves etc.) . — lG'J5-6. [CiiAi's. 55, 5»).]
CHAPTEK 55.
VOTE FOR ALLOWING FIFTY POUNDS OUT OF THE PUBLIC TREASURY,
TO NATHAN lEL HALL, LATE SURGEON AT PEMAQUID, IN FULL FOR
HIS WAGES AND THE ANNUAL PENSION GRANTED TO HIM BY THE
LATE COLONY OF NEW PLYMOUTH.
Upon reading the petition of Capt. Nathaniel Hall and ace'*- annexed,
therein setting forth that there is due unto him a considerable sum of
money for wages for his serving as chirurgeon to his maj'"''- garrison
at Temaquid, and looking after several persons wounded in his maj""'-
service, and for the arrears of an annual stipend granted unto him as
a maimed souldier by the general court of the late colony of New
Plimouth, his whole demand amounting unto sixty-three pounds, —
FotecZ, In concurrance with the representatives, that there be paid
unto the said Capt. Hall, out of the treasury of this province, the sum
of lifty [)ounds, in full of his said demands and stipend of five pounds
a year during his life. [Appruved December 11.
CHAPTER 5().
DRAUGHT OF A LETTER TO THE GOVERNMENT OF THH COLONY OF
CONNECTICUT RESPECTING THE BOUNDARY LINE BETWEEN THAT
COLONY AND MASSACHUSETTS, TOGETHER WITH THE VOTE APPROV-
ING THEREOF.
Hon'^.'*^ S"-/.
Yo'-'' of the 22'-' of Octobl past very Humbly directed has been re-
ceived & perused In which wee observe your generous offer for our
Compliance to a Line run by persons of your single appointment without
our approbation or Consent, We intermeddle not witli their Sivill ; l>ut
how far an Observation taken at that Season of the year, and with a
new untryed Insti'ument, is to be depended upon may be worthy of
Consideration, Comissioners from our Selves at your Uecpiest did
lately attend a meeting with yo'"^ to have agreed on the place wliere to
begin the Line, That so Artists might have been set thereon to carry
the same thro, which was declined by those from you.
Gent.
Wee cannot but thinke you unreasonably give us trouble in a matter
that has been anciently Setled and Stated by Artists of most approved
and unquestioned Skill, a great many year's before the granting of
yo^ Charter ; which is bounded u|)on our Line ; however our General
Assembly at the motion of yo- Comissioners did formerly make some
'Concession in yo- Favour, Provided it were accepted by j^ou within a
certain time therein limited. And notwithstanding the Elapsing thereof,
the Hon*^' our IJ Governo- and Council did again offer the same unto
yo- Comission" at Boston this last Sumer, would they have taken up
therewith Your Conclusion That it will be no disadvantage to yo-
Selves or us that it be done before our Governor, come over may carry
something of Argument on yo- part, Wee fear none by the delay,
being determined to hold to our Line already so well and orderly
Stated, and if you acquiesce not therewith, to improve such further
[3d Sess.] Province Laws {Resolves etc.). — 1095-0. 93
Claim as we lawfully may by virtue of his maj'^" Royal Grant. Yon
may rest assured that the Kings Governo'' over this his Province will
not easily foregoe any part of his Jurisdiction.
We wrote you the last Suiner about a Subject which we apprehend
far more necessary at present for his Maj'*'' Service tiian the adjusting
of Lines, namely to have 3^our assistance both in men and money for
a joint prosecution of the War against the comon Enemy ; which you
wholey pass over in Silance, and seem not to take notice of, nor are
so kind as to make any answer unto, as if not concerned therein
We hope yo- Charity as well as duty will revive the Consideration
of that matter with you, that we may actually receive yo^ assistance
in the* Spring against the declared and avowed Enemies not onely of
the English Interests but of the Protestant Religion.
You shall alwaies find us ready to give such assistance unto yo^
Selves as we may be able for the promoting of his INIaj'^' Service
within yo- Colony ; being siiicer'ly desirous of maintaining a good
understanding aiid correspondence with our fellow Subjects of the
neighl)ouring Governments.
]>oston, Dec!" 12* 1095 : Voted in the house of Representatiues and
past in y" afflrmatiue & sent up to the hon''!* Ll Gou^ «fe Councill for a
(Joncurrance
Nehemtaii Jewet Speaker
Vot*^ a eoncurrance in Council. Decf 12* IG95.
Is* Addington Secry. — [Pla-ssecZ
December 12.
CHAPTER 5 7.
DRAUGHT OF A PROCLAMATION FOR THANKSGIVING, AND THE VOTE
ORDERING THAT IT BE PRINTED AND PUBLISHED.
A BILL appointing of Thursday *the sixteenth day of Jan'"^- next
to be a day for public Thanksgiving was read and past to be printed
and published, — \_Decemher 13.
Province of the
Massachusetts Bay
IN N E:
P>y the Hon'i' the Li Govf Council & Assembly
Considering the manyfold Experience the Inhabitants of this Prov-
ince have had of the Preventing Goodness of God, during the present
A^^'ar ; inasmuch as tho we have been cast down ; yet we are not de-
stroyed thereby ; and that in some Towns there has been a full Har-
vest ; and in others, so much is reserved towards our necessary suply
of Bread ; and that there has been plenty of Grass in the field ; Health
in our Borders ; And that Success has been granted to His INIajesty &
y" Confederate Arms, this last Sumer
This Court do Order that Thursday the sixteenth day of January,
next be observed as a Day of solemn & publick THANKSGIVING
throughout the Province, hereby forbidding all servile Labour thereon :
And the Ministers & People of this Province are Exorted in humble &
cheerfull maiier to attend so great a Duty : That so God may continue
to grant us what is convenient for us ; and that we may imploy all the
Gifts of God, only in His Service and to His Honor & Glory.
94 Province Laws {Resolves etc.). — lGi)5-fJ. [Chaps. 58-00.]
CHAPTER 58.
VOTE FOR ALLOWING FOUR POUNDS TWELVE SHILLINGS AND EIGHT-
PENCE TO HENRY DERING, CLERK OF THE HOUSE OF REPRESENT-
ATIVES, FOR HIS SERVICES.
Voted., in the House of Representatiues., and Past in y^ affirmatiuc
that TIenry Dering be allowed, and paid out of y*" Publick Treasury of
this I'l-ovinee the Summ of foure Pounds twelue shillings & 8'' In full
for his S<'rvice as Gierke to this House — \_Concurred in by the Council^
and approved December 13.
CHAPTEE 5 9.
ORDER APPOINTING A COMMITTEE ON THE PETITION OF THE IN-
DIANS AT NATICK TO SURVEY, ETC., LANDS CLAIMED BY SAMUEL
GOOKIN AND SAMUEL HOW. [Approved December l.-i.
[Printed with resolms, orders, etc., relating to the establishment , etc.,
of towns, etc."]
CHAPTER 60.
ORDER FOR ABATING TO THE TOWN OF SUFFIEID TWO HUNDRED
POUNDS OF THE SUM ASSESSED UPON THAT TOWN, AND FOR COL-
LECTING THE REMAINDER AS ALSO THE ARREARS OF TAXES DUE
BY THE TOWN OF ENFIELD.
Upon Consideration of the Interruption given unto the Inhabitants
of the Town of Suflield within this hisMaj'-^^' Province, by the Govern-
ment of Connecticutt, claiming the s'-' Township or the greater part
thereof to fall within the Line of their Paitent ; whereby they are very
much in arrear and behind of their Proportion to the Publick assess-
ments the Sum of ffour hundred tliirty two pounds Seven Shillings aiul
nine pence as appears by the accomi)ts of the Treasury ; which vSum
they are unable to pay without apparent ruin and breaking up of the
Town.
Ordered, That the s'^ Town be abated the Sum of two hundred pounds
out of £.284: 15 : 10. due from them as arrears of the Assessm'? granted
in the time of the former Governm? And that m- Treasurer do by al!
the powers and directions provided in the Law, pursue the calling in of
all the remainder of the publick assessm'.' standing out in the s*' 'I'own ,
as also what is outstanding in y'' arrears of the Town of Enfield [Ap'
proved December 14.
[4th Sess.] Provincte Laws {Resolves etc.). — 1G95-6. 95
RESOLVE, VOTES, ORDERS, AND PROC-
LAMATION
Passed at the Session begun and held at Boston,
ON THE Twenty-sixth* day of February, A. D.
1695-6.
CHAPTER 61.
RESOLVE DECLARING THAT THE WANT OF A QUORUM OF THE REPRE-
SENTATIVES ON THE DAY TO WHICH THE GENERAL COURT STANDS
ADJOURNED DOES NOT DISCONTINUE THE ASSEMBLY.
It being queried, upon the law of the province t for asce^-taining the
number and regulating the house of representatives, whether the non-
appearance of the full number of forty representatives on the clay
appointed to meet by the adjournment do not discontinue the court
(his honour proposing to call a new assembly), after debate thereon
the council and house of representatives, —
Resolved it in the negative. [^Passed February 28, 1695-6,
CHAPTER 62.
VOTE FOR ALLOWING FORTY POUNDS, EACH, TO THOMAS DANFORTH,
WAIT WINTHROP, ELISHA COOKE AND SAMUEL SEWALL, JUSTICES
OF THE SUPERIOR COURT, ETC., FOR THEIR SERVICES TO DECEM-
DER, 1695.
Voted in the house of Representatives. That Tho : Danforth Esqf
Waite Winthrop Esqf Elisha Cooke Esqf & Samuel Seawall Esq! Be Paid
out of the Publique Treasury of this Province, forty Pounds Each, for
their last yeares Service as Judges of the Circuits (to Dec: last)-/.
\_Concurred in by the Council, and approved March 6', 1695-6.
CHAPTER 63.
VOTE FOR ALLOWING FORTY POUNDS TO CAPTAIN STEPHEN GREEN-
LEAF OF NEWBURY, A WOUNDED SOLDIER.
Upon reading the petition of Capt"- Stephen Greenleaf of Newbury,
lately wounded and maimed in his maj'^^- semdce, praying some
* The General Court stood adjourned to this day ; but a violent snow-storm with a
high wind, on the 25th, so impeded travel, that but ten representatives appeared at the
appointed time. The 26th was an extremely cold day, and this, with the difHculty of
travelling through the snow-drifts prevented the attendance of more than thirty-two repre-
sentatives on the 27th. The Court was therefore adjourned to the 28th, when, a quorum
of the House being present, a speaker was chosen, and the Assembly proceeded to busi-
ness. See note to resolve, chapter 61, of this ybox^post,
+ 1692-3, chapter 38, vol I,, p. 88, ante.
96 Province Laws {Resolves etc.) . — 1G95-6. [Chaps. G4-GG.]
allowance and compensation for his smart, cure, loss of time and of
the use of his left hand, —
Voted^ A concurrance with the representatives, that the said Capt.
Stephen Greenleaf be paid, out of the province treasury, the sum of
forty pounds, which shall be in full of what he hath been out upon cure
and what yearly pension he might have expected had not this been
granted. \_Approved March 7, 1695-6.
CHAPTER 64.
ORDER FOR PAYING THIRTY SHILLINGS A MONTH TO ALL ABLE SEA-
MEN EMPLOYED IN HIS MAJESTY'S SERVICE.
For the better Encouragement of Seamen and Souldiers to attend
his Maj'y' Service
Ordered, That the pay of all able Seamen imployed in said Service
be Thirty Shillings ^ month. And that all Souldiers imployed in an
Expedition to Port Koyal or any other place within the Bay of Fundy
be paid the like Sum of Thirty Shillings ^ month each private Senti-
nel-/. \^Approved March 7, 1695-6.
CHAPTER 65.
VOTE FOR ALLOWING THIRTY-ONE POUNDS FIFTEEN SHILLINGS AND
FOURPENCE TO CALEB RAY, KEEPER OF THE PRISON IN BOSTON,
FOR THE KEEPING OF BOMAZEEN AND THREE OTHER INDIAN
CAPTIVES.
The accompt of Caleb Ray, keeper of his maj''^"'- goal in Boston,
of his charges and expences, for the keeping and diating of Boma-
zeen and three other Indian captives, from the first of March, 1694-5,
to the 27"' of February, 1695, with charges relating to the prison and
other iM'isoners there, amounting to £45 1. 2d., was presented, and
the allowance made by the representatives of thu'ty-one pounds fifteen
shillings and fourpence towai'ds the same, to be paid unto the said
keeper, out of the public treasury, which sum does include the £10
13s. allowed by this coiu't at then* sessions in May last, no order hav-
ing been made out for payment thereof, was read and a concuiTance
therewith, —
Voted. \_Approved March 7, 1695-6.
CHAPTER 66.
"VOTE FOR ALLOWING COMPENSATION TO JAMES MAXWELL, DOOR-
KEEPER TO THE GOVERNOR, COUNCIL AND ASSEMBLY-
Voted, That James Maxwell Doorkeeper and Messenger, be allowed
and paid out of the publick Treasury, after the rate of thirty pounds
^ annu for his Service in attending the Hou^'^ the D Governol and
Council as also the Assembly at their Several Sittings in this year end-
ing the Eighth — day of June next comeing \^Approved March 7,
1695-6.
[4x11 Sess.] PiioviNCE Laws {Resolves etc.). — 1 (395-0. 97
CII AFTER 67.
VOTE AND PROCLAMATION Ari'OINTlNG THURSDAY, THE SECOND DAY
OF APRIL, 1G!)G, AS A DAY OF SOLEMN HUMILIATION FOR PRAYER
AND FASTING.
Voted in the Iiousg of rJopi-escntatiueH — That Thursday tlio Second
day of Aprill next be sett a part as a day of Solemn Iluniiliatioii for
Prayer and ff anting — [^Concurrod in by the CoiindU and approved
March 7, 1695-6.
Province of the
Massachusetts Bay-/.
By the Hono^*" the Lieni. Governo- and Coihander in Cheif, Council
and Assembly. — .
The Sensible Effects of displeasure manifested in the late awful Re-
bukes of divine pro^^dence, loudly calling us to adore the holy Sover-
eignty of God, and to lye in the dust before him with humble and
fervent Supplications, That he would not remember against us our
Iniquitys ; But let his mercies speedily prevent us ; That he would
graciously dispose the Important Affaires of the Ensueing year, Pre-
serve and Succeed his Majesty in his hazardous Enterprizes, and
defeat the clesignes of his Enemys ; Smile upon all the publick Inter-
ests and changes wherein we are or may be concerned, Bless the
husbandry, become our defence, and Advance the Kingdom of Christ
throughout the world.
It's therefore Ordered That Thursday the Second of April next be
Solemnly set apart for prayer with Fasting before the God of Heaven,
throughout this Province, for the bestowment of the Favours above-
mentioned. And all Servile Labour upon the said day is hereby strictly
forbiden. Given at the Council Chamb'' in Boston the 7'!* of March.
1695/6. In the Eigth year of his Maj'^^ Reign-/.
W*' Stoughton
CHAPTER Q^.
ORDER FOR INDEMNIFYING THE PRESENT TREASURER OF THE
PROVINCE, AND HIS LEGAL REPRESENTATIVES, FROM LOSS ON
ACCOUNT OF DEBTS DUE FROM THE TREASURY AT THE END OF
HIS TERM, EXCEPT FOR WHAT HE IS CHARGEABLE WITH THROUGH
MISTAKE, ETC.
Upon Consideration, That by reason of y" frequent demands, made
from y® Treasury : for his Maj''.™ Ser\dce ; relateing to y'' affayres of y®
Warr, defence of y'' Province, and Support of his Maj*y^ Gouerm' with
in y*^ same ; before y*^ Suppl3's, from time, to time, granted: can be
collected, and drawn in ; the Treasurer, is necessitated, to draw upon
Constables, Collectors, & other Sub Receivers : to answer & discharge
such orders, or debentures, as are granted, unto officers, Souldiers,
Seamen, & others, or otherwise to giue Creditt, in the Treasury
Bookes, unto y'' persons haueing such Orders, or debentures, for y*^
Severall Summs therein expressed ; or for so much thereof, as he is
not enabled to pay presently ; whereby they haue advantage, of discount-
ing, what they are indebted to the Publick, on acco' of Taxes, Impost,
98 Province Laws (Jiesolves etc.). — 1695-G. [Chap. 09.]
Excise, or other wise, & may gradually receiue & be fully paid what
is oweing unto them as" afores(i:, which way, and method, is experi-
enced to giue great Sattisfaction ; & to quiet tlie clamours, & discon-
tents, which would other wise arise ; And with out which, his Maj'-V
Service would be greatly discouraged, and disap[)oynted.
To the Intent tlierefore. That the Treasurer, nor his Ileires, be any
wayes Injured, or damnifyed, by reason of his death, or removeall,
from y'' stl : Ollice : before Jiis notes, or orders, drawn, or to be drawn,
upon Constables, Collectors, or other Sub Ueceivcrs, be brought in,
and Accounted for ; or the Creditts, made, or to be made, as afore-
said : be fully Issued ;
If. If Ordered, that at the death, or otlier Ivemoveall of the Present
Treasurer ; his Successor, in the said Ollice, upon Transmitting of the
Accomi)ts of the, Treasury unto him, shall accept, and lleceiue the
same, in such form, as the Generall Assembly ; shall approve, and
direct; so as to indenniify, and Secure the present Treasurer: his
Ileires, Executors, or Administrators, from being personally Obliged,
or any wayes liable, to answer any Creditts, or other Just dues, from
the Treasury, at that time, other, than what by mistake, he is person-
ally chargeable with/ [Apj^roved March 7, IGOo-G.
CHAPTER 69.
ORDER FOR REVIVING AND CONFIRMING AN ORDER OF THE GEN-
ERAL COURT OF PLYMOUTH COLONY, IN 1682, RESPECTING THE
MAINTENANCE OF JONES-RIVE H AND EEL-RIVER BRIDGES, AND
PROVIDING FOR THE REBUILDING AND FUTURE MAINTENANCE OF
SAID BRIDGES.
WiiEKAS at a Gcn"^ Court holden at Plimouth for that Colony the G'
of feb. 1G82. before that Colony was deuided into Countys It was Or-
dered that Plimouth with the other Southern Towns should maintain
Jons Hiuer l>ridge & the Ele Riuer bridg according to Proportion as
they are in the Cnntry Rates. & that the said Towns shall be free from
being charged towards the building any other bridg out of their Ke-
spectiue Townships.
And Jons Riuer bridg being Lately burned Down & the Ele Riuer
bridge falling to decay The Justices in Sessions at Plimouth makeing
application to this Court for the Confirmation ^<: Reniuing of the said
order
This Court on Consideration of the Premises do Reuiue & Confirm
the aboue Recited order for maintenance of the said Bridges
And for the speedy Rebuilding of Jones Riuer bridge & future
Maintenence of both the said bridges
^?td «Y's/»r//ier order? that the Justices in quarter Sessions in the
County of Barnstable shall appoint some meet p'"son or p'"sons to Joyn
with the Select men of the Town of Plimouth or such as they shall ap-
point & soe from time to time as occasion shall Require who shall take
Effectuall order for the Rebuilding Jones Riuer bridge & maintenance
of both the said Bridges the Charge wherof to be borne & Defreyed by
all the Towns in the Count}' of Barnstable & Town of Plimouth ac-
cording to Proportion as they are in the Cnntry Rates as was for-
merly ordered And that the Causways leading on to the said bridges
shall be Repaired from time to time by the Towns in which they lye as
hath been formerly accostomed
[3d Sess.] Province Laws {liesolves etc.) . — 1G95-6. 99
And father it is hereby ordered That the Towns of Sittuate IMarsh-
fcild & Dnxbury sliall maintaine the North Riner bridge according to
rormci- agreement of tliat Colony & the said Towns to be free from
being charged towards the buildhig or maintaining of any other bridge
ont of tlieir Respectiue Townships l^Ajyproved March 7, 1095-6.
CHAPTER 70.
ORDER FOR PAYING OUT OF THE PROVINCE TREASURY TO SUNDRY
PERSONS THE VALUE OF UNENDORSED BILLS OF PUBLIC CREDIT
BROUGHT IN TO THE TREASURY BY THEM.
An account of bills of credit unendorst, brought into the treasury
by sundry persons, amounting to the suin of nine pounds and three
shillings, was presented, and, —
Ordered, That M""- Treasurer do pay unto each of the said persons
the like sum in said bills expressed. [^Approved March 7, 1005-6.
ORDERS, PROCLAMATIONS,
VOTES,
LETTER, ADDRESSES, ETC.
Passed 1696-7.
[101]
LEGISLATIVE LIST
FOR
169 ^ — T^
WILLIAM STOUGHTON, Esq.,
Lieutenant- or Deputy-Goveunok, etc.*
(ACTING aOVERNOU.)
ISAAC ADUINGTON, Esq.,
SECUETARY OF THE PROVINCE.
COUNCILLORS OR ASSISTANTS.
Of the inhahltants 0/, or proprietors o/, lands luithin the territortj formerly called
the Colony of the Massachusetts Bay: — •
William Stoughton, Esq., Samuel Sewall, Esq.,
Thomas Danforth, Esq., Isaac Addington, Esq.,
John Ptnchon, Esq., John Phillips, Esq.,
Wait Winthrop, Esq., Jonathan Corwin, Esq.,
Bartholomew Gedney, Esq., Samuel Siirimpton, Esq.,
James Russell, Esq., William Browne, Esq.,
Elisha Cooke, Esq., John Foster, Esq.,
John Hathorne, Esq., Peter Sergeant, Esq.,
Elisha Hutchinson, Esq., Daniel Peirce, Esq.,
John Walley, EsQ.f
Of the inhabitants of or proprietors of, lands loithin the territory formerly called
Neio Plymouth : —
William Bradford, Esq., John Thacher, Esq., J
Barnabas Lothrop, Esq., Nathaniel Thomas, Esq.,§
John Saffin, EsQ.f
Of the inhabitants of or proprietors of land loithin the territory formerly called
the Province of Maine : —
Samuel Wheelwthgiit, Esq., Charles Frost, Esq.,
Eliakim Hutchinson, Esq.
Of the inhabitants of, or proprietors of, land within the territory lying between the
river of Sagadahoc and Nova Scotia : —
Joseph Lynde, Esq.
• For the full title, see note * on p. 71, and note t on p. 43, aiife.
t By Sevvall's Diary it appears that he was chosen for the province, " at large."
X Thacher took the qualifying oaths September 17th. lie was not present iluring the first session. —
Council Records, vol. VI , p. 472.
§ Thomas appears to have first sat in the Council, September 16th; but there is no record of his having
taken the qualifying oaths.
[103]
104 Province Ijav^s {Resolves, etc.). — 1696-7. [Rephesentatives.]
REPRESENTATIVES or DEPUTIES.
May 27, 1696 to March 31, 1696-7.
PENN TOWNSEND, Esq., Speaker.
Boston,
Dorchester,
Roxhiiry,
Milton,
Braintree,
Hingham,
Weymouth,
Dedham,
Mcdjield,
County of Sdffolk.
Maj. Penn Townsend, Esq.,
John Eyre, Esq.,
Capt. Nathaniel Byfield,
Mr. Nathaniel Oliver.
Capt. Samuel Claj).*
Lieut. Samuel Ruggles.
Mr. George Sumner.f
Mr. Nathaniel Wales.J
Ensign David Ilobart.
JNIaj. Ephraim IIunt,§
Capt. Ebenezer White.
Mr. John Fuller.
INIr. Joseph Clark.
County of Middlesex — Concluded.
Reading, Capt. John Browne.
Newton, Mr. John Ward.
Watertown, Capt. Benjamin Gearfield,
senior.**
Mr. Samuel Manning.
Mr. Nathaniel Hill.
Mr. Joseph Noyes, senior.f f
Mr. Abraham Williams.
Billerica,
Chelmsford^
Sudburg,
Marlborough,
County of Middlesex.
Cambridge,
Charlestoion,
Maiden,
Concord,
Woburn,
]\Ir. John Lcverett.
Capt. Riehard Sprague,
]\Ir. Nathiuiiel Cary.
Capt. John Gi'een.
Capt. Ephi'aim Flint.
Maj. James Convers.^f
Counts of Bristol.
Bristol, Mr. Ebenezer Brenton.
Taunton, Mr. John Ilathway,
Capt. Tliomas Leonard.f J
Rehobolh, Deacon Samuel Ne\vman.§§
Swanzey, Mr. Obadiah Bowen.^^
Little Compton, Mr. William Southworth.
Tiverton, Maj. Benjamin Church.
Kittery,
County of York.
Lieut. John Shaplelg
* " Clapp," iu tbo Secretary's list.
t Not iu the Secretary's list, although he was sworu and his eloctiou appears in the town records.
X It appears by the town records that Mr. Nathaniel Wales was paid £G as representative, anno 1696.
^ The signatures of Hunt and AVhito appear together in the list of sworn representatives. It is con-
jectured that Weymouth sent two deputies this year. The town records are deficient at this date, and the
name is not iu the Secretary's list ; l)ut " Lieutenant," or " Captain," Ebenezer White was an inhabitant of
this town, and was selectman in 1693-1, and no other person of this name is known, to whom the signature
to the qualifying oaths may be ascribed.
If An important decision by the House of Representatives, this year, which would appear in the journals
of the House, were they in existence, has been preserved l:y means of the following entry in the town
records of Wolmrn : —
"May y- 11"' (1696) the fifreeholdcrs and other Jnhabit'.* of Woobourne qualefyed as the Law directs,
vpon due warning giucu, assembled & mett together and made choyce of James Convers juni and LI Joseph
wright to serue as their deputyes for ye yeare Jnsucing, they to serue in y' place severaly and not together,
the one at one sessions of s'} Court & y" other at an other sessions and so sucsessiuely dureing y
sevcrall sessions of y; Gen'} Court dureing this whoU yeare, or till ye s'' Comt be disolued, May ye 28
1696) ye Gen\i Court disalowed of two deputyes serving in ye manner abou s'J and voted y\ only
Jamf Convers should serue in all ye sessions thereof." — Vol. 4.
The practice of choosing two deputies to represent a town, alternately, during different sessions of the
same legislative year, was thus declared irregular, and a precedent established for the future. See, ante,
notes to the representatives, in previous years, from the following to\vns: Wenhara, 1692-3; Topsfield,
1693; and Newbury, 1694-.").
** "Garfield," in the Secretary's list, and " senior," in the town records.
tt " Senior," in the town records.
XX Leonard took and subscribed the oaths, this year, but his name is not in the Secretary's list.
^^§ At a town meeting duly warned and held, for the purpose, on the eleventh of May, " Mr. Sweeting"
was chosen representative, but ho refusing to serve, Moses Read was chosen, who also refused. Samuel
Bullock was next chosen, who likewise refused ; and the meeting was thereupon adjourned to the four-
teenth, when Richard Bowen, senior, Nathaniel ChafToe, and Samuel Perry, successively, were chosen and
refused. A new meeting was held on the twentieth, when Deacon Samuel Newman was chosen. He
appeared at the opening of the first session and took and subscribed the qualifying oaths.
HIT This appears in the town records ; but his name is not in the Secretary's list nor among the names
of the subscribers to the qualifying oaths.
nil "Shapleigh," in the town records, and " Shapliegh," in the Secretary's list.
[Rei'Kesentatives.] Pkovince Laws {Itesolves, etc.). — lGl)()-7.
105
County ok Essex.
Salem, • Mr. Benjamin Marston.
Ipswich, Mr. Nelieniiah Jevvet,
Mr. John VVainwright.
Newbury, CajDi. Thomas Noyes.
Lynn, Capt. John Bm-rill, jun*
Marblehead, Capt. Nathaniel jSToi-tlcn.
Beverly, Capt. John Dodg.f
Qloueesler, Capt. James Davis.
Topsjield, Mr. Tobijah Perkins.f
Andover, Capt. Christopher Osgood.
Haverhill, Mr. Peter Aycr §
liowlcy, Mr. James Uiekinson.
Salisbury, Mr. Jacob Morrill.^
Am,esbury, Lieut, John Barnard.
County of Hampshire.
Norlhamplon, Mr. Joseph Parsons.
Springfield, Sergeant Luke Hitchcock. ||
Ualfield, Cax^t. Samuel Partrigg.
County of Plymouth.
Plymouth, Mr. Nathaniel SouLhworth.
Marshfield, Mr. Isaac Little.**
Scituale, Mr. Samuel Clap.ff
Bridgeivater, Mr. David Perkins.
County of Baknstaule.
Bar7istable, Mr. -Tohu Otis,
Sandwich, Stephen Skcffe, Esq.JJ
Yarmouth, Mr. Thomas Sturgis.§§
Eastham, Mr. Thomas Paine.^^
Island of Nantucket.
Mr. James Coffin. II II
Dukes County.
Edgarto'wn
and
. Chilmark,
}
Mr. Matthew Mayhew.
ADDINGTON DAVENPORT, Clerk.
JAMES MAXWELL, Doorkeeper, and Messenger to the Lieutenant
Governor and Council.
HENRY 'EM.M.'ES, Messenf/er of the House of Representatives.***
* " Capt. John Burrell," iu the Secretary's list; but" .John Burrill, juu'," in the town rccordj.
t "Dodge," in the Secretary's lists for this and previous years, and also iu the town records.
X See note to this name in the legislative list for the previous year,
^ " Eyre," in tlie Secretary's list.
H " Morrell," in the Secretary's list and the town records.
II "Sergeant," in the town records.
** At a town meeting duly held for the purpose, on the eighteenth of May, Joseph Waterman was chosen
representative for this year, tmt, he declining to serve, Mr. Isaac Winslow was next chosen, who also
refused; whereupon another meeting was appointed for the eighth of June, when Samuel Sprague and
John Foster, successively, were chosen and refused ; and still another meeting was appointed for the first
Monday in July. As Isaac Little appeared, and took and subscriljed the qualifying oaths, it is inferred
(hat he was chosen at the meeang last appointed, although no memorandum of the fact of his election has
been found in the town records .
tt "Clapp," in the Secretary's list.
Xt " Skiife," in the Secretary's list, and " Skiff," in the town records.
^^ Erroneously written " Francis," in the Secretary's list ; but it is " Thomas," in the town records, and
so subscribed to the qualifying oaths.
HH "Pain," in the Secretary's list.
nil Not in the Secretary's list, and the town records are not preserved; but his name appears in the list
of representatives of the year previous, and he subscribed the qualifying oaths this year.
*** Frames was granted compensation for his services in this capacity during the Novemlier session,
this year, and Roljert " Gutterid^e," or Goodrich, was paid for similar services rendei-ed during tlie last
session. The latter, however, clearly appears to have acted as a special messenger for a particular service,
and there is nothing on record to show that Emmes held the office by a standing appointment ; while the
comparatively large compensation received by Maxwell, and the express declaration in resolve 67,
post, that he was paid for a year's service, in attending the Lieutenant-Governor and the Council, and
for "attendance on the Assembly [i. e., the House] at their several sittings this year," lead to the con-
clusion that he was, probably, the regularly appointed, or standing, messenger as well as doorkeeper for
both branches. — Compare resolves 67, 81 and 82, post.
Note. — The members of the General Court signed tlie "Association" under the act of parliament, 7
and 8 Wm. III., ch. 27, for the first time, on the eighteenth of September this year. The following are the
only names not sul)scril)ed to this paper, which is preserved in the state archives, vol. 106, p. 39-5; viz..
Wait Wiuthrop and Bartholomew Gedney of the Council, and Sumner, of Milton; Wales, of Braintree;
White, of Weymouth; Clark, of Medfield; Gary, of Charlestown; Leonard, of Taunton; Bowen, of
Swanzey; Church, of Tiverton; Shapleigh, of Kittery ; Partridge, of Hatfield; Little, of Marshfield;
Clap, of Scituate; Perkins, of Bridgewater and Sketfe, of Sandwich.
ORDERS, PROCLAMATION, VOTES AND
DRAUGHT OF LETTER
Passed at the Session begun and held at Boston,
ON THE Twenty-seventh day of May, A.D. 1696.
CHAPTER 1.
ORDER AND PROCLAMATION APPOINTING THURSDAY, THE EIGH-
TEENTH DAY OF JUNE, 1696, AS A DAY OF PUBLIC THANKS-
GIVING.
A BILL Avas ordered to be drawn up for appointing of a day of
publick tlianksgiving for tlie earl}' discovery of a horrid and detestable
plott and conspiracy to assassinate the royal person of his sacred
majesty, and the preservation of his maj'^- and his kingdoms from
insurrection and invasion, and accordingly presented, read and agreed
to be upon Thursday, the 18* of June next. {^Approved May 30.
Province of the
Massachusetts Bay.
By the Hon^!*" the D Gov- and Comandv iu Chief in and over his
Ma'4. Province of the Massachusetts Bay in N. England, the Council
and Representatives in General Court assembled within the same. —
This Court being affectionatly Sensible of y*^ singular Providence of
God iu the Early discovery of a most horrid and detestable Conspii'acy
to Assassinate the Royal Person of our most Gracious Sovereign Lord
the King ; whome God has eminently Syiirited to expose himselfe in
the defence of the Protestant Interests And upon whose life the Safety
and Welfare of his Maj'-^'s Dominions do so iutirely depend ; And at
the same time to make an Insurrection within his ma'^^ Kingdoms iu
Conjunction w* an intended Invasion by his Enemies from abroad ;
The Intelligences whereof are lately arrived to these parts ; And as
we have a just detestation and abhorrence of so Villanous and barbar-
ous a design ; So we accompt it our duty to acknowledge with all
humble thankfulness the Special and Signal mercy and Goodness of
God in detecting and preventing of the same from takeing I^ffect.
And Do therefore appoint and Order That Thursday the Eighteenth
of June next be Set apart as a day of Publick Thanksgiveing
throughout this Province And hereby Recomend it to the sev-
eral Ministers and Congregations within the same to offer up
solemn and hearty prayses unto Almighty God for so great de-
liu''auce and preservation of his Majty and his Kingdoms.
And therew'*' to conjoyne their sincere and fervent Supplica-
tI07j
108 Province Laws {Resolves e^c). — 1696-7. [Chaps. 2,3.]
tions That God of bis infinite mercy would continue bis Gra-
cious Providence towards bis Maj'^- preserve bis life, prosper
his Governm^ Detect and frustrate all y* attempts of false and
Traiterous Conspirators, and Succeed bis armes both by Sea
and Land. And all Servile Labour is hereby forbiden upon the
said day — Given at the Court house in Boston In y* S'** year of
bis Ma'y^ Reign.
CHAPTER 2
VOTE FOR APPROVING AND ALLOWING THE PROVINCE TREASURER'S
ACCOUNTS FROM NOVEMBER 7, 1695, TO MAY 7, IG9G.
The ACCOMi'Ts of M'' James Taylor, treasurer and receiver-general
for this province, beginning the seventh day of Nov""-, IGO.o, and con-
tinued unto the twenty-seventh day of May, 1G9G, amounting unto the
sum of twenty-one thousand eight hundred and nine pounds two shil-
lings and threepence, having been presented and laid before the house
to* representatives, and inspected Ijy said bouse, by which it appears
there was standing out on the said 27"' day of May the sum of seven
thousnnd five hundred seventy-seven pounds, to be drawn into the
treasury -'nd further to be accounted for, —
Voted, That the said accompts, in the several articles of receipts and
payments therein mentioned, amounting unto the sum of fourteen thou-
siind two Ir.mdred thirty-two pounds two shillings and threepence, be
and hereby are approved and allowed of, and the said treasurer is
hereby discharged of the said sum of fourteen thousand two hundred
thirty-two pounds two shillings and threepence. [Approved June 2.
CHAPTER 3
ORDER FOR THE STAY OF AN EXECUTION ISSUED BY THE PROVINCE
TREASURER AGAINST JOHN DEXTER, CONSTABLE OF THE TOWN OF
ROCHESTER, AND FOR AUTHORIZING SAID CONSTABLE TO COLLECT
CERTAIN TAXES.
Upon reading the petition of John Dexter, late constable of the
toAvn of Rochester, praying to be relieved against an execution, made
out by the treasurer, to levy of the petitioner's proper estate the sum of
fourteen pounds thirteen shillings and one penny, being the said town's
proportion to a public rate or assessment, cmno 1G94, which he therein
sets forth he has not been capacitated to collect, —
Ordered, That there be a stay of the said execution, and that the
selectmen of said town do draw out and deliver unto the said John
Dexter a fair list of the said rate or assessment, and that he be impow-
cred, by warrant from the treasurer, to collect the same. {^Ajyj^roved
June 4.
* Sic.
[Irt Sess.] Province Laws (Resolves etc.). — lGl)G-7. 109
CHAPTER 4.
ORDER FOR ALLOWING TEN POUNDS TO THE SELECTMEN OF THE
TOWN OF IIADL1'',Y, FOR TEN WOLVES KILLED IN THAI' 'I'OWN.
Ui'ON READiNd tl)c potitioii of Joiuitliuii INIavsli, Nath"- Wliite and
Samuel Smith, late selectmen of the town of Iladiey, anno 1G94,
praying that tlie said town may be reimlmi'sed the sum of tenn pounds
for ten grown wolves killed in said town that year, for which payment
is made out of the town stock, M""- Treasurer ix'fusing to allow the
same, as the law directs, for that certificate is not returned to him in
that forme as the law now provides, this matter being transacted before
that form of certificate was appointed, —
Ordered^ That the selectmen of said town of Hadley be allowed and
paid, out of the public treasury, the said sum of ten pounds. \_Ap-
proved June 6.
CHAPTER 5.
ORDER FOR ALLOWING SIX POUNDS TO THE SELECTMEN OF THE
TOWN OF HATFIELD FOR SIX WOLVES KILLED IN THAT TOWN.
Upon reading the petition of Thomas Nash and Nath^- Graves of
Hatfield, praying to be allowed, out of the public treasury, the sum of
six pounds for six wolves, as by certificate under the hands of the
selectmen, which was passed before the law now priiescribing another
forme for certificates, —
Ordered, That the selectmen of said town of Hatfield, in behalf of
the town, be allowed and paid, out of the public treasury, the said sum
of six pounds money. \_Approved June 6.
CHAPTER G.
ORDER FOR ALLOWING AND PAYING OUT OF THE PROVINCE TREAS-
URY THE SUM OF TWO POUNDS THIRTEEN SHILLINGS AND TWO-
PENCE TO JOHN DEXTER, LATE CONSTABLE OF THE TOWN OF
SANDWICH.
Upon reading the petition of John Dexter, late constable of the
town of Sandwich, within the county of Barnstable, therein setting
forth that by the miscast of the list of the first part of the tax or as-
sessment of four shillings per poll and fourpence on the pound for
estates, made in the year 1095 and committed to him to collect, he is
overcharged, in the sum total of said list, fifty-three shillings and two-
pence more than all the particulars will make up or amount unto, and
that distress is made of his estate by virtue of the treasurer's warrant ;
praying to be releived, —
Ordered, That the petitioner be allowed and paid the sum of two
pounds thirteen shillings and twopence, out of the public treasurer.*
{^Approved June 8.
» Sic.
110 Province Laws (Besolves etc.). — 169G-7. [Chaps. 7-9.]
CHAPTER 7.
VOTE FOR ALLOWING AND PAYING TO THE TOWN OF BOSTON, FROM
THE PROVINCE TREASURY, THE SUM OF NINETEEN POUNDS AND
FOURTEEN SHILLINGS, PURSUANT TO THE ACT OF NOVEMBER 2-3,
1692, FOR PUTTING AND KEEPING IN REPAIR THE TOWN-HOUSE IN
BOSTON.
An accompt of disbursments made by the town treasurer of Boston
for paving about the town-house in Boston, amounting to the sum of
thirty-nine pounds eight shillings, sent up from the representatives, with
their vote thereupon that the one-half of said accompt, being nine-
teen pounds fourteen shillings, be allowed, and paid out of the public
treasury, pursuant to an act of the province for repairing of the town-
house, was read and a concurrance therewith, —
Voted. {^Approved June 9.
CHAPTER 8.
VOTE FOR GRANTING TO SAMUEL SEWALL AND "WIFE FIVE HUN-
DRED ACRES OF LAND ON THE NORTH SIDE OF CONNECTICUT
ROAD, TO COMPLETE A GRANT OF ONE THOUS.YND ACRES CON-
FIRMED UNTO THEM IN NOVEMBER, 1693. [Approved June 9.
\_Pnnted tvith resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.^
CHAPTER 9.
ORDER DIRECTING THE JUSTICES OF THE COURT OF SESSIONS, AND
THE .lUSTICES OF THE INFERIOR COURT OF COMMON PLEAS, FOR
THE COUNTY OF BRISTOL, AND THE SELECTMEN OF THE TO"SVN OF
BRISTOL FOR THE YEAR, 1695, TO APPEAR AND ANSWER TO THE
COMPLAINTS OF JOHN WILKINS AND NATHANIEL OLIVER, AND
ORDERING THE COMPLAINANTS TO BE PRESENT AT THE HEARING.
WuEREAS, the denyal of jury to one of his maj"*'''- subjects, and rais-
ing money upon the people without their consent, as also the refusal
of an appeal, have been by this hon'''''- house resolved to be greivauces,
and ought to be animadverted upon and redressed ; and whereas the
justices of the quarter sessions for the county of Bristol, and the
selectmen of the town of Bristol for the year 1695, also the justices of
the inferiour court of comon pleas for Dukes county, are complained
of as the aggrievours in the articles aforesaid, in the petitions of
M""- John Wilkius and M"'- Nathaniel Oliver, this house humbly moves
his honour the lieut.-govcruoui" to command said justices, and the
selectmen aforesaid, to attend this court, to answer such articles as
in said petitions are laid against them, and to appoint the time when
they shall give their attendance ; and that the petitioners be ordered to
attend at the same time to prosecute their respective complaints.
And his honour the lieut.-gov'^ with advice of the council, directed
[1st Sess.] PiioviNCK Laws {Resolves etc.). — lG9()-7. Ill
tluit tho several porsons ooinplainod of as herein inentionefl, be suinoned
to attend, upon the second Wednesday of the next sitting of this
court. \_Approved June 0.
CHAPTER 10.
VOTE ON 'J'HE COMPLAINT OF TIIH DEFENDANT IN THE ACTION OF
GOVE verms GIBSON, IN THE COUNTY OF MIDDLESEX, DIRECTING
THAT THE CAUSE BE HEARD BY THE ASSEMBLY.
Upon reading the petition of Samuel Gibson of Cambridge, com-
plaining of erroneous proceedings in the inferiour court of common
pleas, Iiolden at Cambridge, in the county of IMidlt*-, in September,
1695, in an action of appeal there brought by the complainant from
the judgement of INF- Justice Lynde (before whom he was sued in an
action of trespass by John Gove) , with the vote of the house of repr(>-
seutatives thereon, that the petitioner be relieved and have a hearing
before this court, and that the justices of said inferiour court be com-
manded to give their attendance, —
A vote past in concurrauce with the representatives, and his honour
the lieut.-governour directed that the cause be sent for up. [^Approved
June 9.
CHAPTER 11.
VOTE DECLARING THAT JOSEPH RICHARDSON, SENIOR, OUGHT TO
BE RELIEVED IN THE MATTER OF THE JUDGMENT ENTERED
AGAINST HIM ON APPEAL, IN THE COUNTY OF MIDDLESEX, IN HIS
ACTION AGAINST ISAAC FOWLE.
Joseph Richardson, sen''-, of Wooburne, also complaining of error
in the proceedings of tho inferiour court of common pleas, holden at
Concord, in the county of Midd''-, in June, 1695, in a cause there entred
against the complainant by Isaac Fowle of Charlestown, on appeal
from a judgement given for the said Richardson by M''' Justice John-
son, —
Voted, In concurrance with the representatives, that the petitioner
ought to bo releived, and his honour the lieut.-goV- likewise directed
that his said cause be sent for up. '[Approved June 9.
CHAPTER 12.
ORDER APPOINTING A COMMITTEE TO CONSIDER AND REPORT UPON
THE PETITION OF THE INHABITANTS OF WEST SPRINGFIELD FOR
THE SETTLEMENT OF THE MINISTRY AMONG THEM.
Ordered, That M="- Solomon Stoddard, M""- Edward Taylor, Capt.
Samuel Partrigg, Capt. Aaron Cooke, M'- Medad Pomrey and Lieut.
Samuel Root, be a committee to consider of the contents of a petition
presented liy the inhabitants of the west side of the river in Spring-
112 Province Laws {Resolves etc.). — \C^^C^-1 . [CiiArs. 13-15.]
field, for tlie settlemont of the ministry Jimong thom, — M''- Stoddard to
appoint time and place for meeting, — and to make tlieir report thereon
unto this court the next sitting. \_Aj)proved June 10.
CHAPTER 13.
VOTE FOR ALLOWING AND TAYING TWENTY -FIVE POUNDS OUT OF THE
TROVINCE TREASURY TO ANDREW HAMILTON FOR THE ENCOUR-
AGEMENT OF THE POST-OFFICE.
Voted, In eoncnrrance with the representatives, that for encour-
agement of the post-oHlcG there he allowed and paid out of the pul)lic
treasury the sum of live and twenty pounds for the year ensuing.
\_Approved June 11.
CHAPTER 14.
ORDER FOR ALLOWING AND IWYING OUT OF THE PROVINCE TREAS-
URY SEVENTEEN SHILLINGS AND NINEPENCE, AS WAGES TO JOHN
IIALLETT, A SOLDIER, BEING THE AMOUNT OF AN UNPAID DEBENT-
URE RETURNED TO THE TREASURER, AND AN ORDER THEREON
NOW LOST.
Ordered, Tiiat there be allowed and paid unto Thomas Sturgis of
Yarmoutli, out of the pul)lic treasury, seventeen shillings and nine-
pence, on behalf of John Ilallet, for serving his majesty as a soldier,
for which a debenture has been returned unto the treasurer, and his
order drawn upon the constable of Yarmoutli to pay the same, which
orders are lost and the money not hitherto paid. \_Approved June 11.
CHAPTER 15.
VOTE FOR ALLOWING THIRTY POUNDS OUT OF THE PROVINCE TREAS-
URY, TO MAJOR CHARLES FROST FOR HIS PAST SERVICE AS COM-
MISSARY.
Upon keading the petition of JNIajor Charles Frost, pra5'ing some
meet satisfaction for his trouble and expence in the conduct and
government of the officers and soldiers under his maj'^'^- pay in the
county of York, ever since the mouth of January, 1694-5, also for his
care of the public stores, —
Voted., And concurred with by the representatives, tliat tiie peti-
tioner be allowed thirty pounds out of the public treasury, for iiis past
service upon making up and issuing of his accompts of the provisions
and cloathing for supply of the soldiorj^ committed to liis care as
comissary, and that the same be accordingly ordered, \_Ai)i)roved
June 12.
[1st Sess.] Province Laws (^Resolves etc.). — ir/JG-7. lllj
CHAPTER 16
VOTE FOR ALLOWING TEN POUNDS OUT OF THE PROVINCE TREAS-
URY, TOWARDS THE MAINTENANCE OF THE MINISTRY AT THE
GARRISON AND TOWN OF DEERFIELD FOR ONE YEAR FROM JUNE
12, 1696.
Voted. That the Stun of Tenn pounds be nllowed & paid out of the
publick Treasury of this province towards the Maintenance of the
Ministry at the Garrisons & Towne of Deerfield for One Year next
Ensuing. \_Approvecl June 12.
CHAPTER 17
VOTE FOR ALLOWING THIRTY POUNDS OUT OF THE PROVINCE
TREASURY, TOWARDS THE MAINTENANCE OF A MINISTER AT THE
GARRISON AT DUNSTABLE FOR ONE YEAR FROM JUNE 12, 1696.
Voted. That the Sum of Thirty pounds be allowed and paid out of
the publick Treasury of this Province, towards the Maintenance of a
Minister at the Garrisons in Dunstable for One Year next ensuing.
\_A21proved June 12.
CHAPTER 18.
VOTE DIRECTING THAT A DUPLICATE OF THE LETTER OF DECEM-
BER 12, 1695, TO THE GOVERNMENT OF THE COLONY OF CONNECTI-
CUT, BE DRAWN UP.
The committee appointed to consider of the molestations and claims
made by the government of Connecticut, for jurisdiction in the towns
of J^n field and Suffield, and for redressing the grievance of masters of
families being impressed to serve on board his maj^^''- ships of warr,
reported their opinion ; viz'-, that a duplicate of the letter sent from the
general assembly, bearing date the 12"^ of December last, directed unto
that government, asserting our right to all within the line anciently
run betwixt the two governments, be again sent unto them with further
intimations of our adherence thereto, and tha* it be signified unto the
towns of Enfield and Suffield that they shall be maintained and
defended in their just rights according to their ancient settlements, and
that the lion'''''- the P-governour be intreated to ease the matter relating
to impresses, what lies in his power, by I'egulating the same, and to
interpose his authority as need shall be ; which was read and, —
Voted., And that a letter to the government of Connecticott be accord-
ingly drawn up. \_A2:)proved June 13.
114 PiioviNCE Laws {Resolves etc.). — 1696-7. [Chaps. 19-21.]
CHAPTER 19.
VOTE FOR ABATING TWENTY POUNDS OF A TAX FORMERLY ASSESSED
ON THE TOWN OF MENDON.
Voted. . Tliat the Sum of Twenty pounds be abated to tlie s"? Towne
out of the Tax of Sixty live pounds Assessed upon s*^' Towne as tlieir
two last parts of the Tax of oOOOO £ ; \_Passed Jane 16.
CHAPTER 20.
VOTE FOR ACCEPTING AND APPROVING THE REPORT OF JAMES
TAYLOR, PROVINCE TREASURER. THAT JOHN WALLEY, COMMIS-
SIONER FOR THE IMPOST, ETC., HAS OVERCHARGED HIMSELF THE
SUM OF TWO HUNDRED AND FOUR POUNDS AND SIXPENCE; AND
FOR ALLOWING THAT AMOUNT TO SAID COMMISSIONER, FROM THE
PROVINCE TREASURY.
Upon reading M""- Treasurer's report upon the .accouipts of John
Walley, Esq''-, comissioner for the duties of impost, etc., in the words
foUowing ; viz'-, —
Having perused and examined the acc"^' of Jolni AYalley, Esq'^-, com-
missioner for the impost, excise and tuuage of shipping, from the
29''^ day of INIay, 1(V.)A, to the 28"^ of IVfay, ICOC, and cast iip the same,
both of his receipts and payments, find that he hath overcharged him-
selfe, by miscast, of two hundred and four pounds and sixpence in his
own wrong, which he ought to have an order on the treasurer for pay-
ment.
James Taylou, Treas""-
Voted, In concurrance with the representatives, that M""- Treasurer's
return, above written, be accepted and approved of, and that .John
AValley, Esq""-, comissioner for the impost and excise and tunage of
shipping, be paid out of the province treasury the aforesaid sum of
two hundred and four pounds and sixpence, and that the same be
accordingly ordered. \^Approved June 16.
CHAPTER 21.
VOTE FOR ALLOWING TWO HUNDRED AND FIFTY POUNDS TO JAMES
TAYLOR, TREASURER OF THE PROVINCE, FOR HIS SERVICES IN THE
YEAR 1695-6.
Voted, In concurrance with the representatives, that M''- .Tames
Taylor, treasurer, be allowed out of the public treasury of this
province, the sum of two hundred and fifty pounds, as a salary for his
last year's service as treasurer of said province, and that the same be
accordingly ordered. \_Approved June 16.
[1st Sess.] Province Laws {Resolves etc.) . — 1696-7. 115
CHAPTER 22.
DRAUGHT OF A LETTER TO ACCOMPANY THE DUPLICATE OF A
FORMER LETTER* TO THE GOVERNMENT OF THE COLONY OF
CONNECTICUT, RESPECTING THE BOUNDARY LINE BETWEEN THAT
COLONY AND- MASSACHUSETTS; AND THE VOTE APPROVING OF
SAID DRAUGHT.
A DRAUGHT of a letter to the governm'- of Connecticut, accompanying
a duplicate of this court's former letter, and to declare an adherence
to their resolution therein to assert their bounds according to their line
anciently run and stated, past by the representatives, was, —
Voted a concurrance, and consented to. \_Approved June 16.
Hon'^?« S^»
The foregoing is Copy of ours forwarded unto you within few days
after the date thereof, by the hand of m- Matthew Allen of Winsor ;
which we have no doubt but was safely delivered ; however, you have
fail'd of that coiiion Respect due even to a private person, to vouch-
safe an Answer, as you have to some former And being still followed
with the reiterated CompU' of the Inhabitants of our two Towns of
Suffleld and Enfield of the disturbance and Vexatious Molestations
given them by yo- people of Winsor, ariseing to a very great heigth,
and the insupportable disquiet and burthen of his Maj'?' good Subjects
of those Town's ; Wee have thought it necessary to refresh the Notices
thereof unto you, and to let you understand that we do adhere to our
Resolution mentioned in our foi^mer Letter, and to defend our right of
Jurisdiction over the s'' Towns, and our people there in their lawful
possessions against all such as shall attempt their disquiet or break
the Kings Peace
CHAPTER 23.
VOTE FOR ALLOWING AND PAYING FROM THE PROVINCE TREASURY
FIFTY POUNDS TO INCREASE MATHER, FOR HIS SERVICES AS
PRESIDENT OF HARVARD COLLEGE IN THE YEAR 1695-6.
Voted^ That there be allowed and paid out of the Publick Treasury
unto m' Increase Mather the Sum of Fifty pounds for his last year's
Service as President of Harvard Colledge in Cambridge. \_Approved
June 16.
* See this letter, ante, 1695-6, chapter 56.
116 Province Laws {Resolves etc.). — 1696-7. [Chap. 24.}
CHAPTER 24.
ORDER FOR GRANTING TO VOLUNTEER OFFICERS, DULY COMMIS-
SIONED, AND THEIR COMPANIES, IN ADDITION TO THE PLUNDER
AND THE BOUNTIES FOR INDIANS' SCALPS AND PRISONERS, Al.-
LOWED BY LAW, THEIR PAY, SUBSISTENCE, TRANSPORTATION,
ETC., WHILE IN SERVICE, ETC.
For better Encouragement to prosecute the French and Indian
Enemy &c.
Ordered That if any suitable person or persons shall offer themselves
to take the Command of a Company against his Ma'^' Enemies and
obtain a Commission from the Hou''!^ the Lieu? Governour or Comander
in chief with orders to rayse a Company or Companys for his Ma'^'
service, such officers & Companys (over & above the Encourage m'
given by an Act of this Court of Fifty pounds ^ head for every
Indian man, and twenty five pound* ^ head for any Indian woman or
Child Male or Female under the age of fourteen yeares taken or
brought in Prisoner, the Scalps of all Indians slain to be produced
and delivered to the Comissioner or Comissioners for AVar as the Law
in that case provides, and the benefit of plunder) shall be allowed and
paid out of the publick Treary their necessary provision, amunitiou &
accustomed AVages for so long time as they are seeking or pursueing
said Enem}^ But when they shall return to any Town Fort Garrison
or Vessells for so long time as they stay in any such place they shall
be out of pay. And the chief Officer and Clerk of every such
Company shall each of them keep a Journall of all their proceedings
from time to time and* return the same unto the Comissioner for War —
And that they be further supplied with Vessells for transportation &
Boates as needed. And in cjise of receiving any Wounds or maims in
the s'^ service shall be encouraged as to cure and pentions as is by Law
provided for souldiers that are impressed, & likewise to be allowed a
Chirurgeon with them if to be procured under publick pay.
And for Encouragement of speedy Succours & relief to be yeilded
unto the Frontiers upon an Alarm or attack made upon them by the
P^nemy such of the Neighbouring Towns as move to their relief e &
towards the surprizal or pursuit of the Enemy by virtue of the Law of
the Province or by virtue of any order of the Lieu' Governor or
Comander in chief, or Comander of the Regiment shall have the like
Encouragement as afoi'es"? if such persons shall have pursued the
Enemy farther than they may reasonably return in twenty four houres
otherwise to be allowed no wages —
Provided That this order shall continue in force for the space of six
months next comeing & for no longer. \_Approved June 16.
* In this order as recorded in the Council Records there is no mention of the twenty-
five pounds bounty. Fifty pounds is there given as the bounty for all female prisoners,
and for all male prisoners under fourteen years of age.
[1.ST Sess.] PjtoviNCE Laws {Resolves etc.) . — IGDG-T. w
CPIAPTEK 25.
VOTE ON Til]'; rJriTTION OF MATTHEW MAYIIEW, KEPUESENTING THE
TOWNS OE EDGAllTOWN AND CHILMAllK, EOIl A15ATING TWO
HUNDRED POUNDS OE A TAX EOKMERLY ASSESSED ON MARTHA'S
VINEYARD.
Voted ill Answer to above s'-' petition ; That Marthas Vineyard be
al):itc(l out of their proportion of the oOOOO £ Tax; all their former
part of s'-' Tax ; with as nuieh of the last parts as will amount to Two
liundred pounds, (their whole proportion being three hundred and
fllfty pounds. \_Passed June 17.
CHAPTEE 26.
VOTE FOR GRANTING A REVIEW, TO ELISIIA COOKE AND OTHERS,
OF CERTAIN ACTIONS BROUGHT IN THE TIME OF PRESIDENT
DUDLEY, BY COLONEL NICHOLAS PAIGE AND ANN, HIS WIFE, CON-
CERNING LANDS IN RUMNEY MARSH AND BOSTON, WHEREIN JUDG-
MENT WAS ENTEPi,ED AGAINST THE DEFENDANTS.
Upon reading the petition of Elisha Cooke, Esq', John Wiswall
and John Floyd, praying to be releived by the authority and justice of
this hon'''^- court, and enabled to review certain judgem'"'- obtained against
them at the suits of Coll"- Nicholas Page and Anna, his .wife, in the
time of the late government, managed by the president and council,
whereby the petitioners, with other their tennants, were tui'ned out of
possession of several messuages and tenements at Rumny Marsh,
which were the late Captain Keyn's farme, and a pasture in Boston ;
conceiving the said judgement to be erroneous and unjust, —
Voted, Thatthe said petitioners be relieved in the premises and be
enabled to review the said judgements. \_Passed June 17.
CHAPTEE 27.
VOTE FOR ALLOWING AND PAYING THREE HUNDRED POUNDS TO
WILLIAM STOUGHTON, FOR HIS SERVICES AS LIEUTENANT-GOV-
ERNOR AND CHIEF JUSTICE OF THE SUPERIOR COURT DURING THE
YEAR 1695-6.
Voted: That the IIono^''' William Stoughton EsqT be allowed and
paid out of the publick Treasury of this province the Sum of three
hundred pounds for his Service the Year last past as L- Governo- of
and Chiefe Justice in s*? Province. [^Approved June 17.
118 PitoviNCE Laws {Resolves etc.). — 1696-7. [Chaps. 28-30.]
CHAPTER 28
OllDER FOll EMPOWERING THE CONSTABLE OF THE TOWN OF CHIL-
MARK TO COLLECT FIVE POUNDS REMAINING UNCOLLECTED IN
SAID TOWN, OF THE PROVINCE TAX GRANTED JUNE 18, 1G94, AND
DIRECTING THE FORMER CONSTABLE TO DELIVER TO HIM A LIST
OF THE PERSONS OWING SAID TAX.
Ordered, That the present constable of the town of Chilmaik be im-
powred, by warrant from the treasurer, to collect the sum of five
pounds remaining yet uncollected, of their part of the additional tax of
twelvepence per poll, and one penny on the pound for estates, made in
the year 1G'J4, and that the then constable deliver him a list of the
names of the persons on whom said sum is to be collected. \_Approved
June 1 7.
CHAPTER 29.
ORDER FOR ABATING TO DAVID MORGAN, FORMERLY CONSTABLE OF
SPRINGFIELD, TWENTY-TWO POUNDS OF THE TAXES COMMITTED
TO HIM TO COLLECT IN THE YEAR 1691, WHICH WERE PAID IN
GRAIN THAT SPOILED IN HIS KEEPING.
UrON READING the petition of David Morgan, late constable of
Si)ringfield, o;ivio IGDl, therein sotting forth the great loss he sustained
in corn received in the public assessments, praying to be abated twenty-
two pounds of the sum in arrears and unpaid by him into the treas-
ury, —
Ordered, That the petitioner be abated the sum of twenty-two
pounds accordingly. \_A2')proved June 17.
CHAPTER 30.
VOTE FOR GRANTING ONE POUND TEN SHILLINGS TO HENRY DERING
FOR HIS SERVICES WHILE CLERK OF THE HOUSE OF REPRESENTA-
TIVES.
Voted In the house of Representatiues That Henry Dering be paid
one pound Tenn shillings out of the Publick Treasury, being for so
much due to him — as Clerk form!"ly to this house, — \_Concurred in by
the Council, and approved June 17.
[1st Sess.] Province Laws {Resolves etc.) . — lGOG-7. \YJ
CIIAPTEE 8 1.
VOTE FOR GRANTING THE SUM OF TWELVE SHILLINGS TO THOMAS
NEWTON, FOR DRAWING AND WRITING THE ACT AGAINST PIRACY
AND ROBBING UPON THE SEA, PASSED JUNE 17, 1G96.
Voled That W Thomas Newton be paid out of the publick Treasury
the Sum of Twelve shillings for drawing and writing an Act ag? Piracy.
[^Approved June 17.
120 PKOvmcE Laws {Resolves etc.). — 1696-7. [Chaps. 32, 33.]
VOTES, ADDRESSES, ORDER, ETC.
Passed at the Session begun and held at Boston,
ON the Sixteenth day of September, A. D. 1696.
CHAPTER 32.
VOTE FOR A CONGRATULATORY ADDRESS TO KING WILLIAM.
Adviskd and agreed, That an address be drawn up by the secretary,
of congratulation for the gracio'us preservation and deliverance of his
maj'y- from the late horrid and detestable conspiracy for assassinat-
ing his royal person and invading Iiis kingdom from France. \_Passed
September 17.
CHAPTER 33.
DRAUGHT OF THE CONGRATULATORY ADDRESS TO KING WILLIAM,
AND THE VOTE APPROVING OF SAID DRAUGHT.
The congratulatory address for the preservation of his maj'^- and
government from the late wicked and traiterous conspiracy being drawn
up and read, was agreed to, and, —
Directed that the same be fairly transcribed and sent forward.
[^Approved September 18.
To the Kings most Excell? Ma'y.
The Congratulatory Address of the L- Governor Council & Repre-
sentatives of yo- IMa'^.' Province of the Massachusetts Bay in New-
England in America
]May it please yo^ Ma'^.
Our astouishm? at and abhorrence of the late horrid and detestable
Conspiracy for assassinating 3^0- Ma'-";^ Royal person and Subvertiou
of yor Governm! was no less, than the J03' and Satisfaction where-
with we Entertained the Intelligence of the happy Prevention and
effectual Suppressing of the same, both which arrived to us at one and
y*^ same time. "VVe humbly Adore divine wisdom in the Earl}' discov-
ery and disappoiutm- of that bloody barbarous & Trayterous designe
being deeply sensible of the irreperable loss which all yo- Ma*y^ Subjects
would have suffered in being deprived of so good & Ciracious a Sover-
eign, and the direful confusions mischiefs and Ruins in which all yo-
Ma'-'^' Kingdoms and Dominions would inevitably have thereupon been
involved And* solemnly offer up our hearty Prayses to Almighty God
* It is doubtful whether this word is " and" or " we."
2d Sess.] Pkovince Laws (^Resolves etc.). — lG'J()-7. 121
for liis mercirul [)rovkk'uce iu so omiucut tuid grout Sulvatiou and dc-
liveniuco vouclisiil'ed unto yol Sacred Ma'^. and all yoi' J)omiuious and
therewith our daily fervent Supplications That there may be a contin-
ual Succession of divine blessings for the Defence of yo^ Ma'-'', under
(Jod yP Defender of our Religion and lives And shall upon all Occa-
sions cheerfully Express our zeal and dutiful Affection unto yOr Ma?^"
Sacred person and Governm- which God graciously Grant may be long
continued unto. Eoyal. S-
Yo- Ma'^? most humble, Obedient and
Loyal Subjects
Signd, W. STOUGirroN
Sepr 18'.'' IGDG. Peek* Townsend Speaker
CIIAPTEE 34.
RECORD OF THE SIGNING OF THE ASSOCI.\TION, BY THE LIEUTEN-
ANT-GOVERNOR AND COUNCIL, AND OF THE SENDING OF THE
SAME TO THE REPRESENTATIVES FOR SIGNATURE.!
The association established by act of parliament made and passed
in the seventh and eighth years of his present ma j''*^'^- reign, entituled
" An Act for the better security of his majestie's royall person and
government," was subscribed by the I'-gov''- and members of the
council, and sent down to the house of representatives to be subscribed
by the members of that house ; being in the words following ; viz'-, —
Whereas there has been a horrid and detestable Conspiracy, formed
and carried on by Papists and other wicked & traiterous persons for
assassinating his Ma'^^ Royal person, in order to encourage an Invasion
from France, to subvert our Religion, Laws and Liberty, We whose
names are hereunto Subscribed, do heartily, sincerely and solemnly pro-
fess testify and declare That his present Ma'^ Kuig William is riglitful
and lawful King of the Realms of England, Scotland and Ireland.
And We do mutually promise and engage to stand by and assist each
other to the utmost of our power in tlie support and Defence of his
Ma'y^ most Sacred Person and Government, against the late King
James and all his adherents And in case his Ma'^ come to any violent
or untimely death (which God forbid) we do hereby further freely and
unanimously oblige ourselves to unite, associate and stand by each
other in levengeing the same upon his Enemies & their Adherents, and
in Supporting and defending the Succession of the Crown according
to an Act made in the first year of y'' Reign of King William & Queen
Mary. Entituled An Act Declaring the Rights & Liberties of the
Subject and setling the Succession of the Crown — [_SfiJtember 18.
* Sin: Penn. , . ^.
t Tbis is the first subscription, by the members of the Assembly, to the Association
required to be suljscriljed bv the act' of parliament 7 & « Wm. III., cli. 27. The Council
formally transmitted it to the representatives,— a legislative proceeding in the nature of
a resolve i)r(jpcr to be included with other votes of the General Court. Subsequently and
so long as the law requiring this subscription remained in force, it was usually signed on
the fir^t day of the session with no other formality than attended the taking of the oath or
declaration" of allegiance and supremacy, etc.
122 Province Laws {Resolves etc.). — 169G-7. [Chap. 35.]
CHAPTER 35.
DRAUGHT OF AN HUMBLE REPRESENTATION AND ADDRESS TO THE
KING UrON THE STATE OF THE PROVINCE, AND THE VOTE AP-
PROVING SAID DRAUGHT AND DIRECTING THAT IT BE TRAN-
SCRIBED AND FORWARDED.
The HUMBLE ADDRESS of tliis coiu't, to be presented unto his maj'^-,
representing the state of the province, having had some emendations,
was read and agreed unto, and, —
Directed., That the same be fairly transcribed and sent forward.
\_Approved September 24.
To the Kings most Excell? Ma'^. — .
The humble lle[ii'esentation and Address of the L- Govern'" Council and
Assembly of yd'- Ma'^!^ Province of the Massachusetts Bay in New-Eng-
land in America
Most Gracious and Most Dread Sovereign-/.
The Illustrious Rays and benigne Influence of yo- Ma'T" Princely
Care of yo^ Subjects so remote reflected by the 11! Ilon^" the Lords of
yo' Ma'^^ most Hon*:'^ Privy Council in their late dispatch to this yo-
Ma'^'^ Governm- have confirmed our hopes That yo- Ma'?' will be pleased
graciously to Entertain the humble Address of yo- Loyal and dutiful
Subjects, in most humble manner representing y.^ distressed and (unless
Almighty God shall incline yo'Ma'^, early to interpose) despairing con-
dition of this yo^ Ma'y^ Province. —
AVhereupou We humbly crave leave to lay before yo- most Excell!
Ma? That this yo^ Ma'T^ Province as it hath been for a long tmie past,
is still languishing under a wasting War with the French and Indians,
by which the Estates of yo- poor Subjects here are much Exhausted
and very mauv of their persons Destroyed and Captivated.
That the s'' P^nemy is reinforced by Indians drawn from the remoter
parts of this Continent and Adjacent Islands, and by large Supplys of
Amies, Amuuitiou, Clothing and other Stores and Ships of greater Force
than formerly, by which they have been Enabled to make and they
have made very deep Impressions upon yo^ Ma*^^ Interests in these parts
of America, this Sumer, in the loss of yo- Ma'T' Frigatt the Newport
Galley, being on a cruise for yo- Ma'T' Service in the Bay of Fundy, in
Company of the Sorlings and there taken by two French Ships of War
of considerable strength ; which Ships of War together with the New-
port and a Land Force of neer Four hundred ft'reuch and Indians pro-
vided w'!' Canon & Bombs afterwards came against yo- Ma'-Y' F'ort at
Pemaquid, and unhapily gained possession of and demolish't that Fort,
altho, well Supplyed and every way furnished for defence, and Season-
ably Reinforc't with men.
That the French Interests in America is greatly advanced whilst yo-
Ma'^^' Interests in these parts are in a very languishing State, the
Places whence yo- Ma'^- has been Supplyed w'-*" Masts & other Naval
Stores in danger next to be Seized, and by reason of the growing
power of our French Neighbours, both the Southern and Northern
Trade and Fishery is much decayed.
That the charge of the War hath layen heavy upon this Province
Connecticut haveing contributed little, Rhode Island and New Hamp-
shire nothing at all towards the Support of Yo!^ Maj'^'? Interests ; But
have drawn a considerable charge on this Province for their defence.
[2d Sess.] FiiOvmcE Laws (Jiesolves etc.) . — 169G-7. 123
Wherefore we yo- Ma'^? most humble & distressed .Subjects Implore
yo- Royal Aid, humbly pi-aying That yo- Majesty would be graciously
pleased to order that yo- Ma'^'? several Governments within these Ter-
ritorys may be jointly concerned in the prosecution of the War, and
Supporting the Charge thereof
That Port IJoyal and S? Johns in Accadie or Nova Scotia may Ije
Setled by Erecting of a regular Fortification furnished w'-' all necessary
warlike Provisions and Stores and a Suitable number of Souldiers
posted in Garrison at each of the said places at the charge of yo^ Ma'*?
Exchequer ; which is apprehended will be a greater bridle upon the
Enemy by reason of their Scituation, than Pemaquid could be.
That a Sutable Sup[)ly of Amunition & other A\'"arlilve Stores may be
Early and speedily dispatcli't hither for the defence of yo- i\Ia'*'- Forts
& Garrisons within this Province.
That there may be an Addition of some further Naval Force to the
two 'Frigatts now here, by one or more Ships of great(;r Strength for
the Guarding and Defence of the Sea Coasts and Securing the Naviga-
tion, the French Ships of War that have visited these parts this year
exceeding both in number of men and Gims what has formerly l)een ;
And that one of yo^ Maj'*'^- s'^ Frigatts may be permitted in the winter
Season to convoy and attend our Vessells goeing to the AVest Indies
to lade Salt for carrying on the Fisher}^, being the Chief Staple of this
Countr}'^, the Seamen belonging to such Frigatt will thereby be the bet-
ter Secured to yo'' Ma'-^- Service and the charge not augmented.
That yo- Ma'-'', would graciously provide and Order the payment to
such Seamen belonging to the Province, Impres't here for yo- jNIaj'^?
service on board yo- Ships of War, at such time as 3^0- s'-' Ships are
laid up in the winter, many of them haveing wives and Familys that
entirely depend upon the Profits of their labour for Subsistancc ; which
would be a great Encouragem^ unto yo- Ma'*'? Sea Service, and a re-
leife unto yo-^ poor Subjects ; Also that a Clerk of the Chefjue may be
appointed to muster the Seamen from time to time belonging unto yoil
s"? Ships of War ; whereby the great agrievance of yol Ma'*'? good Sub-
jects b}'^ continued and needless impresses will be redressed.
Finally we humbly crave leave to pray. That yo^ Maj'*' would please
to take under Yo-^ Royal Consideration the reduceing of Canada, the
Chief Seat of the French Interests in these parts, and the unhappy
Fountain from whence issue all our Miserys. Hereby we humbly
conceive the Honour and Revenue of the Crown will be greatly
advanced,, the Northern Indians will be entirely gained, And the
Interests and Trade both of the Northern and Southern Plantations
will be revived and Secured.
Thus in a humble clependance and Confidence of yo' MaT most
Gracious and Favourable Answer for the rescueing of a languishing
Province, and preserving alive a People entirely devoted unto yo- Ma'*^-
Service. We Prostrate at yo- Roj^al Feet, desiring to be numbred
amongst. Royal Sr
Yo^ Ma'*"' Most humble. Obedient and
Dutiful Subjects. —
W. Stougiiton
Sep!' 24° 1696. Penn Townsend Speaker
121 Province Laws {Resolves etc.). — 1G9G-7. [Chaps. 36, 37. J
CHAPTER 36.
ORDER DECLARING THE TOWN OF WOODSTOCK TO BE A FRONTIER
TOWN WITHIN THE MEANING OF THE ACT OF MARCH 12, OF THE
YEAR 1694-5, AND THAT THE INHABITANTS SHALL BE SUBJECT TO
THE PROVLSIONS OF SAID ACT.
Upon Information given That several of y?- Inhabitants of Wood-
stock have hitely removed, and that others are about to remove from
the said Town ; whereby the duty of watciiing warding and Scouting
will lye too heavy upon those that do remain and Endanger the place
to be exposed, being an out Planta™" —
It's Ordered, That the said Town of Woodstock be accounted a
Frontier and comprehended within the Act of the General Assembly
Entituled an Act To prevent the deserting of the Frontiers and that
the Inhabitants of s'' place shall be under the same Regulations and
liable unto the like Pains and Forfeitures as in and by the said Act
are set & provided. \_Airproved October 2.
CHAPTER 37.
VOTE FOR REMITTING THE ARREARS OF TAXES LAID ON THE
ISLANDS OF MARTHA'S VINEYARD AND NANTUCPIET BY THE ACT
OF DECEMBER, 15, 1G92, UPON CONDITION THAT THE INHABITANTS
OF THOSE ISLANDS, RESPECTIVELY, DISBURSE THE SUM OF FIFTY
POUNDS TOWARDS FORTIFYING EACH OF SAID ISLANDS.
Upon reading the petition of M'Matthew^ JMahew, representative
of Martha's Vineyard, and 'M'- James Coffin, representative for the
island of Nantucket, praying that the arrears of tlie said islands' pro-
portion to the thirty thousand pounds tax, may be remitted, — each
island disbursing the sum of fifty pounds towards fortifying the same,
in providing amies and aifhunition, — his honour the lieut -governour
and coihander-iu-chief declaring his intention to order fortifications to
be erected in the said several islands, —
Voted, And concurred with 'by the representatives, that abatement
be made unto the said islands, of the respective suins from them owing
in arrears to the thirty thousand pound tax, as is pray'd for, to be
disbursed and laid out upon each of the said islands in fortifications,
artillery, amies and ammunition, according as the commander-in-chief
shall give directions ; the accompts of the expence thereof to be laid
before and examined by a committee to be appointed by the command-
er-in-chief for the time being, and to be laid liefore this court. The
suihs hereby abated unto the said several islands, and to be laid out
and expended as aforesaid, is one hundred and fifty pounds to Mar-
tha's Vineyard, and unto Nantucket one hundred and fifty pounds ten
shillings and niuepence. \^Ap2)roved October 2.
[3d Sess.J Province Laws {Resolves etc.) . — 1696-7. 125
VOTES, ORDERS, ADDRESS AND PROCLA-
MATIOiNS
Passed at the Session begun and held at Boston,
ON the Eighteenth day of November, A.D. 1696.
CHAPTEK 38.
VOTE FOR POSTPONING PAYMENT TO THE PROVINCE TREASURER OF
ARREARS OF TAXES COLLECTED BY SIMON WILLARD, A CONSTABLE
OF SALEM.
Upon keading the petition of Capt. Simon Willard of Salem, pray-
ing a respitt of the payment of thirty odd pounds due from him as an
arrear of public rates coihitted unto him to collect, some years ago,
being then one of the constables of Salem, setting forth that there is a
like value due unto him for service in the time of S''- Edmond Andros's
government, —
Ordered^ That the petitioner be suspended his aboves''- debt of thirty
odd pounds for the space of two years from the date hereof, unless in
the mean time there be order for payment of what is challenged as
due to him, and then discount thereof to be made. [Passed November
21.
CHAPTER 39.
VOTE FOR ALLOWING FORTY POUNDS TO JONATHAN BALSTONE,
SENIOR, OF BOSTON, FOR MATERIALS FURNISHED FOR THE PINK,
MARY, BELONGING TO HIM, AND IMPRESSED INTO HIS MAJESTY'S
SERVICE IN THE EXPEDITION AGAINST CANADA.
ft
Upon heading the petition of Jonathan Balston, Sen'-, of Boston,
therein setting fortli that a pinck or ship belonging to the petitioner,
called the Mary, being impressed for his majestie's service on the
expedition to Canada, after apprizement made of her, was supplied by
the petitioner with several materials to the value of forty pounds, for
which he hath received no satisfaction, praying to be allowed for the
same, the said ship being lost in the said service, —
Voted in Answer to this petition ; That the petitioner be allowed and
paid out of the publick Treasury the Sum of ftbrty pounds. [Approved
November 26.
126 Province Laws {Resolves etc.) . — 1696-7. [Chaps. 40-42.]
CHAPTEK 40.
VOTE FOR DESPATCHING A PACKET TO ENGLAND, FOR MUNITIONS OF
WAR, ETC.*
Voted^ That a packet Boat be forthwith dispatched for England to
acquaint His Majesty of the Cii'cumstances of the Country, And to
pray a Speedy Supply of Warlike Stores. — \_Passed November 28.
CHAPTER 41.
VOTE FOR ABATING THE ARREARS OF TAXES DUE BY THE TOWN OF
DUNSTABLE.
Upon reading the petition of the selectmen of the town of Dun-
stable, a frontier, therein setting forth that, since the proportioning of
former assessments by a list of the persons and ratable estate within
said town, near two third parts of their inhabitants have removed
themselves, together with their rateable estates, out of the same before
the committing of the said taxes or assessments, whereby the said
town falls in debt to the treasury about the sum of fifty pounds, and
that the inhabitants upon the place have paid their proportionable
parts to the said taxes, praying that the said town may be befabated
and remitted the said sum in arrear, —
Voted^ In concurrance with the representatives, that the said town
of Dunstable be abated their arrears yet standing out, amounting to
the sum of fifty pounds five shillings and fourpence. \_Approved
December 2.
CHAPTER 42.
VOTE FOR GRANTING A PENSION OF FIVE POUNDS, ANNUALLY, TO
ABRAHAM COCK. A WOUNDED SOLDIER.
Upon reading the petition of Abraham Cock, a maimed soldier
that lost his arm in his maj"^'^service, praying that some meet recom-
pence for the same may be allowed unto him, —
Voted, In concurrance with the representatives, that the s*^- Abraham
Cock be allowed and paid out of the public treasury the sum of
five pounds per annum as a pension during his continuance in this
province. \_Approved December 2.
* See chapter 4G, post.
t Sic.
[3d Sess.] Province 1jA\n^ (^Resolves etc.) . — lG'JG-7. 127
CHAPTER 43.
VOTE Vmi ALLOWING A DISCOUNT OF FOUR FOUNDS FIFTEEN SHIL-
LINGS FROM THE TAXES CHARGED TO EDWARD DOSWORTH, CON-
STABLE OF THE TOWN OF BRISTOL IN THE YEAR IGiH; BEING THE
AMOUNT OF BOUNTY FOR WOLVES KILLED FAID BY IIIM ON A
LOST ORDER.
UroN READING tliG pctitiou of Edwarcl Bosworth, constable of the
town of Bristol, Anno 1G94, praying that discount may be made in the
treasury for the sum of four pounds fifteen shillings, being so Tnuch he
paid by order from the treasurer for three wolves and seven whcdps,
which order was accidentally lost, —
Voted, in answer to the aboves'' petition That s'-' petition' have dis-
count made unto him of ffour pounds flifteen shillings out of y'' publick
Treasury of this province \_Approved December 2.
CHAPTER 44.
VOTE FOR ALLOWING FIFTY FOUNDS TO ANTHONY CIIECKLEY, FOR
HIS SERVICES AS ATTORNEY-GENERAL.
Upon reading the petition of Capt" Anthony Checkly, attoruy-
general of this province, praying some allowance for his service in
that respect, —
Voted, In concurrance with the representatives, that the said An-
thony Cheekley lie allowed and paid out of the public treasury the
sum of fifty pounds for his past service in said office, and for what he
may further do therein until May next. \_Approved December 2.
CHAPTER 45.
ORDER FOR ERECTING A PRECINCT AT WEST SPRINGFIELD FOR THE
SETTLEMENT AND SUPPORT OF A MINISTER. [Apjiroved December 4.
\^Prhited with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 46.
DRAUGHT OF AN ADDRESS TO THE KING, REPRESENTING THE NEED
OF WARLIKE STORES, AND PRAYING FOR A SUPPLY THEREOF;
AND THE VOTE APPROVING OF SAID DRAUGHT.
An address unto his maj*-^- was drawn up and, —
Voted, To be fairly transcribed and forwarded by the next opportu-
nities, humbly representing the distressed state of the province and to
supplicate a speedy supply of ammunition and other warlike stores.
[Approved December 5.
To the most Illustrious and Mighty Prince William the third, of
England Scotland, France & Ireland King
The humble Address of the L- Govern^ Council & Assembly of yo?
Ma'r Province of the Massachusetts Bay in New-England in America.
128 Province L, aws (Besolves etc). — 1G96-7. [Chap. 46.]
Renowned Sovereign.
Upon a Review of our warlilce Stores ; wlaich are exceeding low ;
and the very Sensible appreheutions entertained by us, how much yo-
j^jjjjtvs Interests within these yo- Territorys are in danger of being ex-
posed unto the Insults of a powerful Enemy flush't with late Successes
in the parts of America and thereby Animat'-' to make further Attempts ;
wherewith we are particularly threatned at the return of the year, has
moved us in sense of duty, esteeming it highly necessary for yo-
Maj*^'' Service in all humility to lay before yo- Princely and Compas-
sionate Consideration the greatly distressed and very hazardous State
& Condition of yo- Ma'Y" Interests and Subjects within this 3^0- Province,
almost quite exhausted and ready to sinke under the Calamitys and
fatigue of a tedious consuming War, the direful Effects as well as
charge for the prosecution whereof has principally fal'n upon the Estates
and persons of j^o- Maj'^^ good Subjects within y'' same, divers very
costly and well formed Expeditions have been made and cheerfully
Supported by them in their own & Neighbo" defence and for the diu-
esting and Subdueing of yo- Ma'T^ Enemies, tho unhapily failing of
the desired & Expected Success.
The circumstances of this yo- Ma'''^ Province we conceive with hum-
ble Submission to be very different from most of yo- Ma'T' other Plan-
ta*""."' we haveing not onely the same warlike & Politick Enemy with
them to guard against and oppose ; whose appearances near to us of late
have been more formidable, But are very grieviously oppressed also
with the bloody Salvage perlidious Indian Rebels/ who are borderers
on all o- Frontiers, and can at their pleasure make inroads into y% bowells
of y*" Province (such is y" Scituation of our Towns and all y" by passages
leading thereto so well known & traversed by them,) So that we are
obliged to maintain constant Guards to secure us from their Incursions
as well as upon the Sea Coast, the benefit whereof extends unto yo-
Maj*^' Subjects of the Neighbouring Governments ; who notwithstanding
declined to afford either a Quota of men or money thereto ; which is
humbl}^ Reprcssented in our late Address transmitted by yo- Maj*^' Ship
the Sorliugs Convoy to the Mast Ships.
We probably hope, That the Severity? of the winter and difflcultys of
the Coast at that Season will give us a present Respit from Forreign
Invasion ; Yet have reasonable grounds to expect That so soon as the
Spring advances, we shall be attacked by a considerable Naval Force ;
besides what Force of the French & Indians may be drawn together, at
the same time to fall upon our Frontiers, the preapprehentions of our
danger puts us upon makeing all the preperations we are capable of
to Repel the Enemy, but all that we can do therein is likely to be in-
effectual ; unless yor Maj'^ be graciously pleased of yo'' Royal bounty
to afford us early Supplys of amunition and other warlike Stores neces-
sary for our defence.
We therefore most humbly Supplicate yo- Ma'T' favourable accept-
ance, and Gracious Consideration of what we have herein very truely
Represent'-' of the distresses and dangerous Circumstances attending yo-
good Subjects within this yo^ Province ; who have none under God
])ut their Lord the King to cry unto for help and Succours haveing for-
merly rec'? very sensible marks and expressions of yo'" Ma'-^' Royal
Favours, care of and Regard unto them and have been particularly en-
couraged by an express dispatcht from the R- Hon**^ the Lords of yo'
Ma'?' most Hon''?'' Privy Council ; with Notification of the French
Preparations for an attack upon some parts of America in y'' Sumer
past, and assurance of such Speedy assistance to be sent as the State
of Affayres at liome should permit w'> particular regard toy'; Exigencies
they should lye under
[3i) Srss.] Province Laws [Resolves etc.). — IGOO-?. ]20
We urc humbly emboklned to hope unci pray, Tliat yo- Maj'-^' of yo'
wonted Grace and innate Goodness will be pleased to Order a sutablc
Supply of Gunpowder and other warlike Stores to be forthw'-' dispatcht
unto this yo- jNlaj'V' Province ; And that we may 1)e further Strengthned
by some of yo""- Maj'^' Frigatts of greater Force than those at present
in this Station for guarding of the Coast during the Sumer Season ;
The hearts of yo- Ala'-Y" good Subjects will be hereby revived and
Encouraged to expose themselves with utmost hazards in the defence
of yo- Maj'-y^ Interests and the opposing of all yoi^Enemys and a consid-
erable Branch of yo- Maj'-l^ Dominions by the blessing of Almighty God
will be preserved ; otherwise in no small danger to be Swallowed up
and made a triumph to the Enemy —
Boston December 5* IHOd
Royal Sr
Yov Ma'f^
Loyal & dutiful Subjects & humble Supplicants
Signed W'^' Stougiiton.
Penn Townseni) Speaker
CHAPTER 47.
VOTE FOR E EMITTING THE TAXES DUE TO THE PROVINCE BY THE
TOWN OF WELLS AND EXEMPTING THE INHABITANTS FROM THE
NEXT TAX, AND ALSO FOR ALLOWING THE CAPTAIN AND SOLDIERS
OF THE GARRISON THERE TO AID THE INHABITANTS IN REBUILD-
ING THEIR FORTIFICATIONS, UPON CONDITION, ETC.
Upon reading the petition of Samuel Wheelwright, Esq", on be-
half of the inhabitants of Wells, therein setting forth the destresses
they are put unto, lying frontier to the enemy and often prest by their
attacks, and their fortifications much decayed and out of repair, pray-
ing to be remitted what rates are already due from said town and not
to be rated in the next assessmentt, and that the captain and souldiers
posted there in his maj*"'''- service may be assistant unto them in re-
building and repairing their garrisons as the hon''*''- the comander-
in-chief shall think iitt, so will they rebuild, and further adventure their
lives and estates in standing their ground and defending their majes-
ties' interests in those eastern parts, —
Voted, In concurrance with the representatives, that the matters and
things prayed for in the said petition be granted, on condition that the
inhabitants perform what is promised and engaged for on th^r part in
the said petition. \_Approved December 5.
CHAPTER 48.
VOTE APPOINTING A COMMITTEE TO CONSIDER AND REPORT UPON
THE PETITION OF PETER AYER IN BEHALF OF HIMSELF AND
BENJAMIN ALLEN, LATE CONSTABLE OF SALISBURY.
Voted, In concurrance with the representatives, that Daniel Peirce,
Esq''-, Capt. Thomas Noyes and Capt. Stephen Greenleafe be and hereby
are nominated and appointed a committee to consider of the petition of
Peter Ayer in behalf of Benjamin Allin, late constable of Salisbury,
and himself, and to make report thereof unto this court at their next
sessions. \_Approved December 9.
130 Province Laws {Resolves etc.). — 1696-7. [Chaps. 49-51.]
CHAPTER 49.
VOTE FOR ALLOWING TEN POUNDS TEN SHILLINGS TO MAJOR JAMES
CONVERSE, FOR HIS SERVICES AND EXPENSES ON JOURNEYS TO
PEMAQUID AND GROTON.
Upon reading the petition of Major James Convers, praying for
some allowance for bis service in two voyages unto Pemaquid on a ne-
gotiation with the Indians, as also on a journey to Groton, by order of
the commander-in-chief, for the fitting out of some souldiers then de-
signed to be sent forth, —
Voted., In concurrauce with the representatives, that the petitioner be
allowed and paid out of the public treasury, besides what he hath
already received, the sum of tenn pounds ten shillings, he paying
Capt"- Bancroft and the soldiers that went with him to Groton. [^Ap-
proved December 9.
CHAPTER 50.
VOTE FOR CONFIRMING TO SAMUEL GOOKIN AND SAMUEL HOW, AND
PERSONS HOLDING UNDER THEM, SEVENTEEN HUNDRED ACRES OF
LAND AT NATICK; AND FOR RESERVING TO THE INDIANS THERE
ONE THOUSAND ACRES OF LAND ADJOINING THE TOWN OF SHER-
BURNE.* {Ap}wovcd December 0.
\_Printed with resolves., orders., etc., relating to the establishment., etc.,
of toivns, ete.]
CHAPTER 51.
VOTE FOR ABATING SIXTEEN POUNDS OF THE TAX COMMITTED FOR
COLLECTION TO JOHN IIOYT, FORMERLY CONSTABLE OF AMESBURY,
AND FOR CANCELLING HIS BOND.
Upon reading the petition of Nathaniel Lovejoy and Joseph
Hoit, sureties of John Hoit, some time constabed December 19.
CHAPTER 62.
VOTE FOR ALLOWING FORTY POUNDS, EACH, TO THOMAS DANFORTH,
WAIT WINTHROP, ELISHA COOKE AND SAMUEL SEWALL, JUSTICES
OF THE SUPERIOR COURT, ETC., FOR THEIR SERVICES DURING THE
PREVIOUS YEAR.
Voted. That Thomas Danforth Wait Winthrop Elisha Cooke and
Samuell Sewall Esq" be allowed and paid out of the publick Treasury
of this province for their Service as Justices of the Superio- Court
Si."^ for the Year last past ending this mouth ; the Sum of fforty jDounds
apeice. \_ Approved December 19.
[4th Sess.] Province Laws {Resolves etc.).— 1696-7. 137
VOTES AND ORDERS
Passed at the Session begun and held* at Boston,
ON the Seventeenth day of March, A.D. 1696-7.
CHAPTER 63.
VOTE FOR REIMBURSING JAMES TAYLOR, PROVINCE TREASURER, OR
HIS EXECUTORS, ETC., IN CASE OF HIS DEATH OR REMOVAL FROM
OFFICE, ALL SUMS DUE TO HIM OR ADVANCED BY HIM IN HIS
OFFICIAL CAPACITY.
Inasjiuch as the publick occasions for his maj*'''' service, in the
defence of this his province, necessarily requii'e a present disburse of
a considerable sum of money for the procuring of provisions, and
other supplies, which cannot otherwise be obtaiu'd without the treas-
urer accomodate the same by the advance of his own moneys until he
may be reimbursed out of the public taxes, the duties of impost, etc.,
for encouragement therefore unto M""- James Taylor, treasurer, to
serve the present necessity by the laying out of his own moneys for
the said occasion, and the better to assure and secure his being reim-
bursed what and so much as he shall supply for the service of the
public, it is hereby, —
Declared and granted^ in case of his death or removall from the
office of treasurer before he be reimbursed the full of what he may
advance of his own proper estate, that he, his executors or admin-
istrators shall be repaid such sum or sums of money as shall then
appear to be justly due, and owing unto him on that accompt, by
the first moneys which shall be next drawn into the treasury, as well
of the taxes therein collecting or to be collected, as the duties of
impost, excise and tunnage of shipping. [^Approved March 25, 1697.
CHAPTER 64.
ORDER FOR SUSPENDING THE SUIT, BROUGHT BY THE PROVINCE
TREASURER, AGAINST SAMUEL GALLOP, SHERIFF' OF BRISTOL
COUNTY, FOR THE ESCAPE OF DANIEL WILCOX, A PRISONER IN
HIS CUSTODY.
Upon reading the petition of Capt. Samuel Gallop, sheriff to the
county of Bristol, setting forth that Daniel Wilcox, of Little Comptou
* After prorogation, December 19, 1696, to February, 1696-7 ; and, again, by proroga-
tion, proclaimed the eighth of February. These were the first prorogations under the
province charter. See Sewall's Diary, vol. I., p. 441.
138 Province Laws {Resolves etc.). — 1696-7. [Chaps. 65, QQ.'\
in the county aforesaid, being comitted unto the custody of the
petitioner until he should pay and satisfy a fine to his maj'^- of one
hundred and fifty pounds, etc., made his escape, and that he is in-
formed M"- Treasurer intends speedily to cause him to be prosecuted
for the same, which was involuntary in him, praying this court to
make such order thereupon as to prevent his suffering damage, —
Ordered., That M''- Treasurer suspend any prosecution of the peti-
tioner, for the fine of said Daniel Wilcox, for six months from this
time, and until the end of the next sitting of the general assembly
thence following. \_Approved March 25, 1697.
CHAPTER 65.
ORDER FOR STAY OF EXECUTION AGAINST JOSEPH DOTY, FORMERLY
CONSTABLE OF THE TOWN OF ROCHESTER, AND FOR A NEW
ASSESSMENT, ETC., OF A TAX OF SEVEN POUNDS SIX SHILLINGS
AND EIGHTPENCE, THE WARRANTS FOR WHICH WERE UNSEASON-
ABLY COMMITTED TO HIM FOR COLLECTION.
Upon reading the petition of Joseph Doty, late constable of the
town of Rochester in the county of Barnstable, praying to be releived
against an execution issued by the treasurer against the estate of the
petitioner, for the sum of seveu pounds six shillings and eightpence,
being the said town's proportion unto a publick tax granted in Febru-
ary, 1694-5, which said tax nor wai'rant to collect the same was ever
committed unto the petitioner, and the assessors for said town having
certified under their bands that they were not in a capacity to make the
said assessment uutill after the petitioner was dismissed from his
office of constable and another chosen and sworn in his place, —
Ordered, That the execution issued out against the petitioner,
Joseph Doty, be and hereby is superseded, and that the selectmen or
assessors of the town of Kochester for the time being, do forthwith
assess the said sum of seven pounds six shillings and eightpence upon
the polls and estates of their inhabitants, and committ the same to the
present collector or constable of said town, to gather together with the
tax now about to be collected, and to make a speedy returne unto the
treasurer, that he may issue out his warrant accordingly. [^Approved
March 25, 1697.
CHAPTER 66.
VOTE FOR ALLOWING TWENTY POUNDS TO ADDESTGTON DAVENPORT,
CLERK OF THE HOUSE OF REPRESENTATIVES, FOR HIS SERVICES
IN THE YEAR 1696-7.
Voted. y[ W Addington Dauenport be allowed out of y* publick
Treasurie Twenty Pounds : for his Seruice this year as Clerk of
y^ house of Representatiues : & y' M"" Treasurer be ordered to pay
said Sum. [Approved March 27, 1697.
[4th Sess.] Province Laws {Resolves etc.). — 1696-7. 139
CHAPTEE 67.
VOTE FOR ALLOWING THIRTY POUNDS TO JAMES MAXWELL, FOR HIS
SERVICES AS DOORKEEPER AND MESSENGER TO THE LIEUTENANT-
GOVERNOR AND COUNCIL, AND FOR HIS ATTENDANCE UPON THE
HOUSE OF REPRESENTATIVES IN THE YEAR 1696-7.
Voted That -J times Maxwell be allowed out of the publiek Treasury
the sum of Thirty pounds for a yeares service ending the Eighth day
of June next, in attending the Ilon^'® the Lieu' Governour & Council as
Doorkeeper and Messenger, and also for his attendance on the Assem-
bly at their several sittings this yeare And that payment of the s** sum
be accordingly ordered. \_Approved March 27, 1697.
CHAPTER 68.
VOTE AND ORDER FOR REQUESTING THE LIEUTENANT-GOVERNOR TO
DIRECT THE CHIEF OFFICER OF EACH REGIMENT ON THE FRONTIERS
TO VISIT THE FRONTIER TOWNS IN COMPANY WITH OTHER FIELD-
OFFICERS, ETC., AND TO REGULATE THE GARRISONS THERE, AND TO
GIVE ORDERS FOR ALTERING AND REPAIRING OR ERECTING FORTI-
FICATIONS, AND TO ESTABLISH GARRISONS, ETC.; AND PROVIDING
FOR THE EXPENSE THEREOF.
Forasmuch as it is absolutly necessary for his maj'^' Service and the
defence of his Interests and Subjects in the Frontiers of this Province,
That there be a due Regulation of such Garrison houses and places
as are or may be assigned in each Frontier for the Security of the
Inhabitants
Vof^. That his honour the L- Gov'' and Comand' in Chief be moved
to grant necessary Orders unto the Chief Officer of the respective
Regiments in the out parts of the Province, Impowring him together
w'-'* the other fQeld Officers of such Regiment, to visit the Frontier
Towns and places within y^ same, and advising with the Comission
Military Officers and some of the principal persons in each Frontier to
state & Regulate the Garrisons and Fortifications and to direct and
Order what may be proper & necessary to be done in the altering
repayring or new makeing of the same or Erecting others in such
places or about such houses as they shall judge advisable, and to
assigne the number and persons that shall Enforce the s^ Fortifications
and reside there for their own Safety. And it is hereby
Declared and Ordered That the Determination of the s*^ Comissioners
shall be binding and Obligging to all the Inhabitants of such Frontier
Town or place who are required to conforme themselves accordingly.
And that where there is but one ffield Officer in such Regimt, the
Comandr in Chiefe comissionate two other sutable persons to joyne
and assist him in the s'J Service.
And in case the Coinissioners shall Order the Fortifying and Gar-
risoning of any house or place not heretofore Fortifyed that the same
be done at the charge of the Town in which it shall be. And the
Selectmen or assessors of the same Town are hereby Impowred to
proportion and assess the charge thereof upon the Inhabitants of such
place ; therein haveing reguard to such of their Inhabitants as have
already Fortifyed at their own charge. \^Approved March 30, 1697.
140 Province Laws {Resolves etc.) . — 1696-7. [Chaps. 69-71.]
CHAPTER 69.
ORDER FOR THE PAYMENT OF THIRTY-THREE SHILLINGS AND TEN-
PENCE TO JAMES MEERS, TAVERNER, FOR ENTERTAINING A COM-
MITTEE OF THE GENERAL COURT.
A BILL OF EXPENCE, amounting to thirty-three shillings and ten-
pence, presented by James Meers, tavener, for entertainm'- of a com-
mittee of this court, James Russell, Esq''-, chairman, and sent up from
the representatives with the allowance of that house thereupon, was
read and past a concurrance that payment of said sum be, —
Ordered. \_Approved March 30, 1697.
CHAPTER 70.
VOTE FOR PAYING FIFTEEN POUNDS EIGHTEEN SHILLINGS TO ELIZ-
ABETH STOVER, BEING THE AMOUNT OF A LOST DEBENTURE
ISSUED TO HER FOR PROVISIONS, ETC., FURNISHED TO SOLDIERS.
Upon reading the petition of Elizabeth Stover, widow, late of Cape
Nudick, in the county of York, therein setting forth that in the year
1G!)1 she had a debenture, given out by the committee for warr, for
fifteen pounds eighteen shillings upon the treasury, due to her for pro-
visions and other supplies to soldiers imployed in his majestie's ser-
vice, which debenture is lost and no part of said sum paid unto her, —
Voted, In concurrance with the representatives, that the said sum of
fifteen pounds eighteen shillings be ordered to be paid unto the peti-
tioner out of the public treasury, and that the debenture be cautioned
against in case it happen to be found, that the publick may not suffer
thereby. \_Approved March 30, 1697.
CHAPTER 71.
VOTE FOR ALLOWING AND PAYING SALARIES TO MAJOR JOHN
WALLEY FOR HIS SERVICES AS COMMISSIONER FOR WAR AND
AS ONE OF THE COMMITTEE ON DEBENTURES, AND TO CAPTAIN
EPHRAIM SAVAGE FOR HIS SERVICES ON SAID COMMITTEE; ALSO
FIXING A DATE FOR THE COMMENCEMENT OF A FORMER PENSION
TO SAID S.WAGE,
Votf That Major John Walley be allowed out of the publick Treas-
ury the Sum of Seventy pounds p annu for his Service as Coihissioner
for War, and one of the Coihittee for Debentures, from the Sixth of
April: 16D4.
And that Captain Ephraim Savage be allowed the sum of Thirty
pounds ^ annii out of the publick Treasury for his Service as one of
the Coihittee for Debentures begining the Sixth of July 1695.
And that payment be Ordered accordingly to each of them respeo-
tiuely. accounting for so much as either of them have already received
for their S'^ Service
[4tii Sess.] Puovince Laws (Resolves etc.). — KJDO-T, l^j^
And tluit tlio yoai'ly Stypeiul or PcMition lu'retofore grunt'-' l)y tlio
Gcnenil Ass(',nil)ly unto iki[)'"' I'vphniiiu Savai^c, who vviis inaimod in his
Miijtys Servici^, Ix; :iecoiint('(l iind reckoned from th(! 10'-' d:iy of
Octob- !()!)(), tiie time of iiis being wounded. [Approved March -VO,
1097.
CIIAPTEK 7 2.
VOTE APPOINTING A COMMITTEE TO AUDIT TIIE ACCOUNTS Ol-' CALEB
RAY, KEEPER OF TIIE PRISON IN BOSTON, FOR KEFPINO CERTAIN
FRENCH AND INDIAN PRISONERS OF WAR, AND PROVIDING FOR
PAYMENT OF THE AMOUNT FOUND DUE.
Voted, In concurrunce witli the liouse of representatives, that Peter
vSci'geaut, John Walley and John Kyre, Esq"-, be acouiittee to audit
and examine the accompt of Caleb Ray, prison-keeper in Boston, for
the keeping of Cnpt"- Villeau, and other French prisoners of warr, as
also the Indian prisoners, allowing him after the rate of five shillings
per week for Capt. Villeau and four shillings per week for the other
French and Indian prisoners, and to report the same unto the governour
and council, with such further reasonable charges as they shall think
fit, and that payment bo accordingly ordered him out of the public
treasury. [Apjyroved March 30, 1697.
CHAPTER 73.
VOTE FOR ALLOWING AND PAYING ONE HUNDRED POUNDS TOWARDS
THE EXPENSE OF THE BURIAL OF SIMON BRADSTREET, DECEASED,
LATE GOVERNOR OF TIIE COLONY.
In Consideration of the long and Extraordinary Service of the
Hono''-" Simon Bradstreet P^sq"' l[ate*] Governor of the Colony of the
Massachusetts Bay ; who is now deceased and to be interred
Voted, That One hundred pounds be allowed and paid out of the
publick Treasury, towards the defraying the charge of s'.' Interment.
[A2^proved March 30, 1697.
CHAPTER 74.
VOTE FOR A HEARING ON THE PETITION OF WILLIAM BASSET, IN
BEHALF OF THE TOWN OF SANDWICH, PRAYING FOR CONFIRMATION
OF A DIVISION OF LANDS AND APPOINTING A COMMITTEE TO INQUIRE
AND REPORT AS TO ANY OBJECTIONS THERETO, AND GRANTING
LIBERTY TO THE INHABITANTS TO CULTIVATE SAID LAND FOR ONE
YEAR.
Upon Reading the Petition of Cap".'' W? Bassett on behalf e of the
Town of .Sandwich praying the approbation and allowance of the
Governm- of the allotment and division made by the Inhabitants of
B"? Town of two Necks of Laud lying within y"" s'? Township. Viz?
Scorton Neck and Shaum Neck so called.
* Manuscript mutilated.
142 Pt^ovince Laws {Resolves etc.). — 1696-7. [Chaps. 75-77.]
Vot''-. That tlio cousifleratioii of the s'' Pet™" be referred nnto the
General Assembly to be held in May next. And that m- Thomas
Hinckley, Major John Thacher and m- John Bradford be desired and
appointed a Comittee to enquire into that matter and to informe them-
selves from the Inhabitants of said Town of Sandwich or of any other
persons concerned what is to be said against the granting of yt which
is prayed for by the s'^ Pet"'™ and to make Report thereof unto the s-
General Assembly.
And for the better Supply of the s'' Town with Grain in this time
of Scarcity, the full Quantity of Land in the said necks improved in
tillage the last year be allowed to be sown with English Grain onely
this year according to the present allot[mts*] and no more to be
broken up. — \_Ap2')roved March 31, 1697.
CHAPTER 75.
VOTE FOE, PAYING TO SUNDRY PERSONS THE VALUE OF UNEN-
DORSED PILLS OF PUBLIC CREDIT BROUGHT IN TO THE TREASURY
BY THEM.
An accompt of unendorst bills of credit being presented by several
persons therein named, amounting to the sum of thirteen pounds thir-
teen shillings and G''-, —
Voted, In concurrance with the representatives, that the said bills
be returned into the treasury and the persons named in the said ac-
compt to have credit there for the like sums, according to their respec-
tive bills. [Aj/proved March 31, 1697.
CHAPTEE 76.
VOTE FOR APPLYING TO THE GOVERNMENTS OF CONNECTICUT AND
RHODE ISLAND FOR A SUPPLY OF MEN, MONEY AND PROVISIONS
FOR CARRYING ON THE WAR, AND APPOINTING COMMISSIONERS
THEREFOR.
Voted., That Application be made from this Court to the Govern-
ments of Connecticot and Rhode Island for a Supply of men money
and provisions to be afforded by the s'} Governments for carrying on
the Warr against the Comon Enemy ; And That Capt. Nathaniel Byfield
together with such other person or persons as shall be appointed by
His Hon- the L- Governo- and Council be Commissioners to manage
the s'! Affair. [Approved March 31, 1697.
CHAPTER 77.
VOTE FOR ALLOWING SIXTY-FIVE POUNDS THIRTEEN SHILLINGS TO
MAJOR BENJAMIN CHURCH FOR HIS TIME AND SERVICES AS COM-
MANDER OF THE FORCES RAISED FOR THE KING'S SERVICE; AND
FOR DELIVERING TO HIM HIS BOND GIVEN FOR PLANK, ETC.
In Answer to major Church^ petition
Voted yt he he allowed Twenty Seven pounds Three shillings for his
expence in raiseing Souldiers & P^leven pounds for his time therein ex-
* Manuscript mutilated.
[4tii Sess.j Puovinok Laws (Ilesolves etc.). — KJ'JO-T. 143
ponded & Twenty S(!veu pounds Ton shillings for wages as miijor in
s'' exjiedition in nil Sixty live pounds Thirteen shillings. lie; Allowing
Twenty Seven jjounds Advanced to him in money. &t;ikeing ye phuiU
in Ills custody belonging to ye province iit Ifourty Eight pounds Thir-
teen shillings, And pivying yl Tudhuiee which is Ten poinids to yo
Treiisui- he is to have his l>ond llehiteing to said plank delivered to
liini, [Apj)roved March 31, 1607.
CHAPTER 78. *
VOTE FOR REPRINTING AND DISTRIBUTING IN A SEPARATE PAM
PIILET, FIVE HUNDRED COPIES OF SUNDRY ACTS AND PARTS OF
ACTS RELATING TO THE DUTIES OF GRAND JURORS, CONSTABLES,
TITHINGMEN, ETC., AND APPOINTING SAMUEL SEWELL TO SUPER-
VISE THE PRINTING THEREOF.
For the uetter ixforming of Grandjurors, Constables, Tything-
meu and other officers, appointed to see that the Laws for the Sup-
pressing of prophaness, Vice and other Enormitys, be ducly observed,
and to present & luforme of all persons who shall presume to traugress
the same in any respect; of their duty iu that reguard, that they may
be excited thereunto.
Vol'} That the several Acts and Laws Entituled as follow, be forth-
with reprinted at the publick charge in Sheets by themselves. Viz?
The Act For punishing criminal Offenders, w'"^ y^ Additional Act
The Acts For Suppressing nnlicensed houses.
The Act For Preventing comon nusances
The Act For the more effectual Suppressing of Drunkenness.
The clause in the Act for Grandjuro" setting forth their duty.
The Act for y"" better observation of the Lords day
And that there be five hundred of the said Copys printed to be dis-
persed among the several Towns in proportion according to the bigness
of each Town respectiuely. Samuel Sewall Esq- to supervise the
printing thereof. [^Approved March 31, 1697 .
CHAPTER 79.
VOTE FOR ALLOWING TEN POUNDS TO RICHARD HUNNEWELL OF
YORK, A AVOUNDED SOLDIER, FOR HIS PRESENT RELIEF
Upon reading the petition of Richard Honnywell of York, therein
setting forth that he hath several times been wounded in the arme by
divers shot, which has reudred him uncapable of labour for a lively-
hood, praying some allowance for a present supply, and a future
annual stipend to be setled on him, —
VoLpA, In concurrance with the representatives, that the petitioner
be allowed out of the public treasury Uie sum of ten pounds, for hia
present releif. \_^Approved March 31, 1697.
14-i Frovi^ce LiAws {Resolves etc.). — 1696-7. [Chaps. 80-S2.]
CHAPTER 80.
VOTE FOR ALLOWING THREE TOUNDS THIRTEEN SHILLINGS IN THE
PROVINCE TREASURER'S SETTLEMENT WITH MATHEW BOMER, FOR-
MERLY A CONSTABLE OF FREETOWN, BEING THE AMOUNT PAID BY
HIM OUT OF THE TAXES COLLECTED BY HIM, TO SEVERAL PER-
SONS FOR BILLETING SOLDIERS, ETC.
Whereas Mathew Bowmer late Constable of ffreetowne by order
from the Treasurer, paid unto Severall persons for billeting and other
charges upon Soukliers imployed on His Maj''f^ Service anno 1692 out
of the publick Assessments then collected by him. 3* 13! 0, which
Order he has since lost
Voted, That M'l Treasurer do discount the s'' Sum of Three pounds
Thirteen shillings in the makeing up of his Accounts, And to make
such Entrj', That if s** Order be hereafter found, there be no further
discount or allowance made. \^Approved March 31, 1697.
CHAPTER 81.
VOTE FOR ALLOWING TWENTY-EIGHT SHILLINGS TO ROBERT GUT-
TERIDGE,* FOR HIS SERVICE AS MESSENGER TO PLYMOUTH FRO.M
THE HOUSE OF REPRESENTATIVES DURING THE PRESENT SESSION.
In the House of Represent. March 31i' 1697.
Voted, That M- Robert Gutteridge be allowed out of the publick
Treasury the Sum of Twenty Eight shillings for his Service as Mes-
senger to this House, on a Journey to plymouth this Sessions.
[^Approved March 31, 1097.
CHAPTER 82.
VOTE FOR ALLOWING COMPENSATION TO HENRY EMMES, MESSENGER
OF THE HOUSE OF REPRESENTATIVES, FOR HIS SERVICES DURING
THE NOVEMBER SESSION, 1696.
In the House of Representatives.
Voted, That Henry Ernes be allowed and paid out of the publick
Treasury the Sum of Three pounds for his Service as Messenger to
this House, in the Sessions of this Court in Novemb- last. \^Con-
curred in by the Council, and approved March 31, 1696-7.
* Sometimes written Goodrich.
ORDERS,
RESOLVES, VOTES, REPORT,
PROCLAMATION, ETC.,
Passed 1697.
[145]
LEGISLATIVE LIST
KOR
1697.
WILLIAM STOUGHTON, Esq.,
Lieutenant- or Deputy-Governor, etc.*
(.ACTING GOVERNOR.)
ISAAC ADDINGTON, Esq.,
secretary of the province.
COUNCILLORS OR ASSISTANTS.
Of the inhabitants of, or proprietors of lands within the territory formerly called
the Colony of the Massachusetts Bay : —
William Stoughton, Esq., John Phillips, Esq.,
Thomas Danforth, Esq., Samuel Sewall, Esq.,
John Pynchon, Esq., Isaac Addtngton, Esq.,
Wait Winthrop, Esq., William Browne, Esq.,
James Russell, Esq., Samuel Shrimpton, Esq.,!
Bartholomew Gedney, Esq., Jonathan Corwin, Esq.,
Elisha Cooke, Esq., John Foster, Esq.,
Elisha Hutchinson, Esq., Peter Sergeant, Esq ,
John Hathorne, Esq., John Wallet, Esq.,
Daniel Peirce, Esq.
Of the inhabitants of or proprietors of lands within the territory formerly called
New Plymouth : —
William Bradford, EsQ.,t Nathaniel Thomas, Esq.,
Barnabas Lothrop, Esq., John Saffin, Esq.,
John Thacher, Esq.
Of the inhabitants of or proprietors of, land within the territory formerly called
the Province of Maine : —
Charles Frost, Esq., Samuel Wheelwright, Esq.,
Eliakim Hutchinson, Esq.
Of the inhabitants of or proprietors of, land within the territory lying between the
river Sagadahoc and Nova Scotia : —
Joseph Lynde, Esq.
* For tbe full title see p. 71, ante, and notes.
t Bv Sewall's Diary it appears that he was chosen for the province, " at large."
[147]
148
Province Laws {Resolves, etc.). — 1697. [Representatives.]
REPRESENTATIVES or DEPUTIES.
May 26, to December 22, 1697.
PENN TOWNSEND, Esq., Speaker.
Boston,
Dorchester,
Roxbury,
Braintree,
Dedfiam,
Hingham,
Weymouth,
Milton,
Medjield,
County of Suffolk.
Maj . Penn Townsend,
Capt. Nathaniel Byiield,
Capt. Samuel Legg,
Ml- Joseph Bridgham.*
Mr. Enoch Wizellf
Lieut. Samuel Ruggles.
Mr. John Ruggell.J
Sergeant Thomas Metcalfe.
Mr. Samuel Thaxter.
Maj. Ephraim Hunt.
Mr. William Blake.
Mr. John Thurston.
County
Sudbury,
Marlborough,
Lancaster,
Chelmsford,
Medford,
Kittery,
County of Middlesex.
Cambridge,
Charlestown,
Watertown,
Newton,
Maiden,
Reading,
Woburn,
Concord,
Billerica,
Lieut. David Fiske.
Mr. Samuel Phipps,
Ml-. Jacob Greene, jun.^
Capt. Benjamin Gearfield.
Capt. Isaac Williams.**
Mr. Henry Green.
Lieut. Hananiah Parker.
Maj. James Convers.ff
Lieut. Jonathan Prescott.
Mr. Simon Crosbey.JJ
OF Middlesex — Concluded.
Mr. Josepli Noyes,
Mr. John lLi[yn]es§§
Mr. Samuel Brigham.^^
Mr. John Houghton.
Capt. Jerahmeel Bowers.
Lieut. Peter Tufts. ||||
County of York.
Mr. William Pe2)pei-ell.***
County of Hampshire.
Springfield,
Northampton,
Sergeant Luke Hitchcock. fff
Capt. Preserved Clap,
Mr. Joseph Hawley.tH
Hadley, Capt. Aaron Cooke.
Hatfield, Capt. Samuel Parti-igg.§§§
County of Essex.
Salem, Capt. Samuel Gardner,
Mr. Samuel Browne l^^f
Ipswich, Mr. John Appleton,||||||
Mr. Nehemiah Jewet.****
Newbury, Maj. Daniel Davison.
Marblehead, INIr. Archibald Fergusson.ff f f
Lynn, Mr. John Burrill, senior.JJJJ
* " Bridgeham," in the Secretary's list.
t "Wiswall," in the Secretary's list.
X "Ruggles," in the Secretary's list.
§ "Sergeant Metcalf," in the town records, and " Mr. Metcalf," in the Secretary's list.
^ " Green," in the town records, and in the Secretary's list; and, in the latter, without tht "junior."
II " Garfield," in the Secretary's list.
•* Erroneously written " Jacob," in the Secretary's list. '
tt " James Converse, junior," in the town records.
XX " Crosby," in the Secretary's list.
^J Subscribed to the qualifying oaths is a name, not clearly distinguishable on account of a slight muti-
lation of the paper, which appears to be " Haynes," as above. John Haynes of Sudbury represented that
town in 1691, and he is supposed to have been a deputy this year.
Hit Erroneously written " Bridgeham," in the Secretary's list.
nil " Lieutenant," in the town records, and " Mr. Tuft," in the Secretary's list.
*«* From the town records. Not in the Secretary's list, nor subscribed to the qualifying oaths.
tft " Sergeant," in the town records.
XXt Hawley subscribed to the qualifying oaths, but his name is not in the Secretary's list, and the town
records of that date are defective.
§5^ Erroneously entered " Samuel Clapp," in the Secretary's list.
HUH From the town records ; but his name is not in the Secretary's list, nor does ho appear to have
taken the qualifying oaths.
mill " Lieutenant-Colonel John Pynchon," in the Secretary's list; but supposed to have been erroneously
so entered, since Appleton, and not Pynchon, was sworn. The town records are defective.
■*«*» « Jewett," in the Secretary's list.
tttt " Ferguson," in the Secretary's list.
XXXt So subscribed to the qualifying oaths ; but the name appears in the town records without the
addition.
[Rkpuksentativks.] Province Laws (liesolves, etc.). — 1(597.
14l>
County of E.sskx — Concluded.
A7idover, Miijor Dudhiy Brudstreot,*
Liout. John Osgood.
IlavcrhiU, Mr. Jolin Paig.f
IVctihurn, Capt. Thomas Fiske.
Beverly, Lieut. Andrew Eliott.
Rotvleij, Mr. Ezokiol Jewett.
Olo'uceslcr, Ca2)t. James Davis.
Salisbury, Mr. Isaac Morill.J
Tojisjield, Corporal Tobijah Pei"kins.§
Amesbury, Capt. Thomas Harvey.
Boxjbrd, Mr. Jolm Pebody.^
County ok BauiN.stahlk.
Barnnlable, Mr. John Otis.
Sandwich, Capt. William IJassett.**
Yarmouth, Ensign John llawes.ft
Easlham, Mr. Samuel Knowles.
County of LJuistol.
Bristol, Mr. Jaboz Ilowland.
Rehoboth, Deacon Samuel Newman.Jt
Taunton, Mr. John Ilatlnvay.
Swanzey, Ensign Joseph Kent.§§
Little Compton, Mr. Joseph Church.^f^If
County of Plymouth
Plymouth,
Scituate,
Bridyewatcr,
Marshfield,
DukfAs County.
Martha'sVinc- K Mr. Simon Athearn,||
yard, ^ Matthew Mayhew.||||
Mr. James Warren.
Ensign John Gushing, jun.
Mr. Samuel Edson.
Mr. Ephraim Little.
ADDINGTON DAVENPORT, Clerk.
JAMES MAXWELL, Doorkeeper, and Messenger to the Lieutenant-
Governor and Council.***
HENRY EMMES, Messenger of the House of Representatives.
* The town records of this date are defective ; but Bradstreet and Osgood both subscribed tlic qualifying
oaths, although the name of the former is not in the Secretary's list.
t " Paige," in the Secretary's list.
X " Morrell," in the town records and in the Secretary's list.
^ Subscribed " Tobijah," to the qualifying oaths. See the note to this name in the list of 1695-6.
^ From the town records ; but he did not subscribe the qualifying oaths nor is his name iu the Secre-
tary's list.
II "Ensign," in the town records, " Mr.," in the Secretary's list, and "junior" only in the signature.
** "Basset," in the Secretary's list.
tt "Ensign," in the town records, but " Mr.," in the Secretary's list.
IX " Deacon," in the town records, but " Mr.," in the Secretary's list.
y^^\ "Ensign," in the town records, but "Mr.," in the Secretary's list.
lilt His name appears in the Secretary's list, and the town records show that he was chosen representa-
tive ; but he does not appear to have taken the qualifying oaths.
nil Subscribed the qualifying oaths, but his name is not in the Secretary's list, nor is there any record
of his election.
*** See note to this title in legislative list for 1696-7, aw(!e. "Fourth-day Novf 10*.'' [1697] Lt Gov-
ernour and Council met at the Council Chamber, were warn'd by Maxwell the day before." — SeioaR's
Diary, vol. I., p. 463.
ORDERS, RESOLVE AND VOTES
Passed at the Session begun and held at Boston,
ON the Twenty-sixth day of May, A. D. 1697.
CHAPTER 1.
ORDER PROVIDING FOR THE CHOICE OF A COMMITTEE, BY THE AT-
TENDANTS at the two MEETING-HOUSES IN WATERTOWN RE-
SPECTIVELY, TO REPRESENT THEM AT A HEARING BEFORE THE
GENERAL COURT, ON A MOTION BY SEVERAL MINISTERS OF THE
PROVINCE, ADVISING THAT THERE BE TWO CHURCHES ESTAB-
LISHED IN SAID TOWN, ETC. [Approved June 1.
\_Printed with resolves, orders, etc., relating to the establishment, etc.y
of towns, etc.']
CHAPTER 2.
RESOLVE FOR APPROVING, ETC., THE DIVISION BY THE INHABI-
TANTS OF SANDWICH, OF SCORTON NECK AND SHAUME NECK
IN SAID TOWN. [Approved Jwie 4.
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.]
CHAPTER 3.
VOTE DIRECTING THE PROVINCE TREASURER TO ALLOW TEN
POUNDS FOURTEEN SHILLINGS AND EIGHTPENCE TO THOMAS
DUSTUN, LATE CONSTABLE OF HAVERHILL, BEING THE AMOUNT
PAID BY HIM ON THE TREASURER'S ORDER TO COLONEL SALTON-
STALL, ON ACCOUNT OF SOLDIERS SERVING UNDER HIM IN 1695,—
SAID. ORDER BEING BURNT.
Voted That Thomas Dunstau late Constable of Haverhill have dis-
count made unto him by M' Treasurer for Tenn pounds ffourteen
shillings eight pence being so much he payd to Col? Saltonstal on
acco' of several Souldiers in the Kings Service in 1695, by Order from
s^ Treasurer ; which s"? Order is since burnt in his house w*"? was
destroyed by the Enemy. [Apjiroved June 4.
[151]
152 'Province LiAWS (Besolves etc.) . — 1697. [Chaps. 4-6.]
CHAPTER 4.
VOTE FOR APPROVING AND ALLOWING THE PROVINCE TREASURER'S
ACCOUNTS FROM NOVEMBER 11, 1696, TO MAY 22, 1697.
The accompts of M'- James Taylor, treasurer and receiver-genP- of
this province, beginning the eleventh day of November, 1696, and
continued unto the twenty-second day of May, 1697, amounting unto
the sum of twenty-six thousand four hundi'ed eighty-eight pounds
fifteen shillings and one penny, having been presented and laid before
the house of representatives, and inspected by said house, by which it
appears there was standing out, on the said twenty-second day of May,
the sum of eleven thousand six hundred fifty-four pounds one shilling
and ninepeuce, to be drawn into the treasury, and further to be
accounted for, —
Voted, That the said accompts, in the several articles of receipts
and payments therein mentioned, amounting unto the sum of fourteen
thousand eight hundred thirty-four pounds thirteen shillings and four-
pence, be and hereby are approved and allowed of, and the said
treasm-er is hereby discharged of the said sum of fourteen thousand
eight hundred thirty-four pounds thirteen shillings and fourpence.
[^Approved June 4.
CHAPTER 5.
VOTE FOR ALLOWING TWENTY POUNDS TO MAJOR JONATHAN TYNG,
FOR KEEPING WONALANSET, AN INDIAN SAGAMORE, FOR FOUR
YEARS, BY ORDER OF THE LATE GOVERNOR PHIPS.
A VOTE from the representatives, upon the petition of Major Jona-
than Tyng, allowing him the sum of twenty pounds out of the public
treasury, for the keeping of Wonalanset, an Indian sagamore, by
order of S"^' William Phipps, late governour, for the space of four years,
was read and concurred with, and that paym'- thereof be accordingly, —
Ordered. [^Approved June 4.
CHAPTER 6.
VOTE FOR ALLOWING THREE POUNDS TO JOHN DARBYSHIRE, WHO
WAS CAPTURED BY THE INDIAN ENEMY AND ESCAPED, FOR THE
LOSS OF HIS GUN AND CLOTHES.
Voted, That John Darbyshire, who lately made his Escape out of
the hands of the Indian Enemy, be allowed and paid out of the pub-
lick Treasury, The Sum of Three pounds in consideration of the loss of
his Gun and Cloaths by the s*^ Enemy. [Approved June 4.
[1st Sess.] PiioviNCE Laws {Resolves etc.). — 1697. 153
CHAPTER 7.
VOTE FOR ALLOWING TWENTY POUNDS TO PETER ASPINWALL, BEN-
JAMIN UNCAS, AND THE PARTY OF INDIANS UNDER THEM IN THE
KING'S SERVICE, FOR THEIR ENCOURAGEMENT.
For EncouuagemT unto Pe : Aspiawal Benj* Uncas and the party of
Indians under them Imployed in his Maj*^' Service against the Indian
Enemy, at the charge of the Governm- of Connecticut Colony X
Voted, That there be allowed and Ordered unto them the Sum of
Twenty pounds out of the publick Treasury of this Province. .
\_Approved June 9.
CHAPTER 8.
VOTE FOR ALLOWING THIRTY-SEVEN POUNDS EIGHT SHILLINGS AND
SIXPENCE TO CALEB RAY, KEEPER OF THE PRISON IN BOSTON, FOR
KEEPING TWENTY FRENCH AND INDIAN PRISONERS.
The accompt of Caleb Ray, keeper of his maj*'*'- goale in Boston,
amounting unto the sum of thirty-seven pounds eight shillings and
sixpence, for keeping of twenty French and Indian prisoners, from
the 23'* of March to the 26"^ of May last, with the representatives'
allowance and approbation thereof, to be paid out of the public treas-
ury, was read, and a concurrance therewith, —
Voted, And that payment of said sum be accordingly ordered him.
\^Approved June 11.
CHAPTER 9.
ORDER APPOINTING A COMMITTEE, ON THE PETITION OF THE SELECT-
MEN OF HATFIELD FOR A SETTLEMENT OF THE NORTHERI Y BOUNDS
OF NORTHAMPTON, TO VIEW THE LINES, HEAR THE PARTIES INTER-
ESTED, AND REPORT, ETC. {Approved June 11.
\_Printed with resolves, orders, etc., relating to the establishmejit^ etc.,
of towns, etc.']
CHAPTER 10.
VOTE FOR ALLOWING FIFTY POUNDS TO THOMAS DUSTUN IN BEHALF
OF HIS WIFE HANNAH, AND TO MARY NEFF, AND SAMUEL LEON-
ARDSON, CAPTIVES ESCAPED FROM THE INDIANS, FOR THEIR SER
VICE IN SLAYING THEIR CAPTORS.
Voted, In concm'rance with the representatives, that there be
allowed and ordered, out of the public treasury, unto Thomas Dun-
ston of Haverhill, on behalf of Hannah his wife, the sum of twenty-
254 Province Laws {Resolves etc.). — 1697. [Chaps. 11-14.]
five pounds ; to Mary Nefife, the sum of twelve pounds ten shillings ;
and to Samuel Lenearson, the sum of twelve pounds ten shillings
(tlu-ee captives, lately escaped from the Indians) ; as a reward for their
service in slaying divers of those barbarous salvages. [^Approved
June J 6.
CHAPTEK 11.
VOTE FOR ALLOWING SIX POUNDS TO JOHN PUGSLEY, OF HARWICH,
A DISABLED SOLDIER, TO BE HELD IN TRUST FOR HIM BY MAJOR
JOHN THACHER, AND TO BE EXPENDED FOR HIS RELIEF.
Voted, In concurrance with the representatives, that there be
allowed and ordered out of the public treasury unto John Pugsley, of
Harwich (being harmed and disabled whilst in his majestie's service),
the sum of six pounds, to be put into the hands of Major John
Thacher, and by him given out, according to his direction, unto said
Pugsley for his relief. [^Approved June 16.
CHAPTER 12.
VOTE FOR ALLOWING FIFTEEN POUNDS TO SAMUEL WHEELWRIGHT,
OF WELLS, FOR HIS EXPENSES AND SERVICES FOR THE PUBLIC.
Voted, In concurrance with the representatives, that there be allowed
and ordered out of the public treasury unto Samuel Wheelwright, of
Wells, Esq''-, the sum of fifteen pounds, for divers disbursments,
charges and services by him done for the public. \_A2:)proved June
16.
CHAPTER 13.
VOTE FOR APPROVING THE ACCOUNT OF GEORGE MONCK, TAVERN-
KEEPER IN BOSTON, FOR ENTERTAINING THE DEPUTY-GOVERNOR
AND MAGISTRATES OF THE COLONY, MAY 14, 1686, AND FOR PAY-
MENT OF THE SAME OUT OF THE PROVINCE TREASURY.
Voted, In concurrance with the representatives, that the ace"- of
George Monk, taverner, amounting to six pounds one shilling and six-
pence, for public entertainments, be approved of, and the s''- sum
ordered him out of the public treasury. [Approved June 16.
CHAPTER 14.
ORDER DIRECTING THE PROVINCE TREASURER TO ALLOW SEVEN
POUNDS ELEVEN SHILLINGS TO FRANCIS CRUMPTON, CONSTABLE
OF IPSWICH, BEING THE AMOUNT PAID BY HIM ON THE TREAS-
URER'S ORDER, TO WILLIAM ALLEN OF SALISBURY, — SAID ORDER
BEING LOST.
Ordered, That Francis Crumpton, constable of Ipswich, upon mak-
ing up his accomi^ts with the treasurer, have discount made unto him
[1st Sjpfiss.] Province Laws (lie.solves elc). — 10D7. 155
of the sum of 80veu pounds eleveu shillings for so much hu piiid, out of
the public taxes committed unto him to collect, unto AVilliiun Allen, of
8:ilisbury, by order from the treasurer, w*"''' order is by accident lo.-5t ;
said Crumpton delivering" to the treasurer said Allen's receipt, to vouch
the aforesaid payment. [^Aj^j^roved Jane 10.
CHAPTEE 15.
ORDER APPOINTING A COMMITTEE TO RUN THE LINE BETWEEN
THE TOWNS OF REHOBOTII AND ATTLEBOROUGH, SETTING OFF
THE ADDITIONAL GRANT OF ONE MILE AND A HALF, MADE BY
THE COURT OF PLYMOUTH COLONY; AND TO MAKE RETURN, ETC.
lAp2)roved June 1 7.
[Printed toith resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.'\
CHAPTEE 16.
VOTE FOR ALLOWING SIX POUNDS EIGHT SHILLINGS AND SIXPENCE
TO NATHANIEL BYFIELD FOR HORSE HIRE, ATTENDANCE AND
EXPENSES ON A JOURNEY, IN THE PUBLIC SERVICE, TO RHODE
ISLAND AND CONNECTICUT.
Voted, In concurrauce with the representatives, that there be allowed
and ordered out of the public treasury the sura of six pounds eight
shill"''- and sixpence, unto Capt. Nathaniel Byfield for horse hire, at-
tendance and expeuces on a journey to Rhod Island and Connecticut,
being imployed in the service of this government. \_Approved June 17.
CHAPTEE 17.
ORDER REQUIRING THE PROVINCE TREASURER TO ISSUE HIS WAR-
RANTS TO THE SELECTMEN, ETC., AND CONSTABLE, ETC., OF THE
TOWN OF EDGARTOWN TO ASSESS AND COLLECT THE SUM OF ONE
HUNDRED AND EIGHT POUNDS FIFTEEN SHILLINGS AND EIGHT
PENCE, BEING THE ARREARS DUE BY SAID TOWN UNDER THE TAX
ACT PASSED JUNE 17, 1696; AND PROVIDING FOR PROCEEDINGS BY
DISTRESS IN CASE OF THE NEGLECT OR REFUSAL OF SAID TOWN
OFFICERS.
Whereas The Town of Edgartown On Martha's Vinyard are behind
in Arreares of Several Assesmeuts amounting in the whole to One
hundred & Eight pounds fifteen Shillings & Eight pence — as appeares
by the Act Eutituled an Act for granting unto his Maj'- a Tax upon
Polls & estates made and passed at the sessions y*^ 27":' May 1696 Which
the Select men or Assessors of s'i Town have hitherto neglected and
refused to assess upon their inhabitants The Treasurer is hereby
ordered & required to send forth his Warrant to the Select men or
assessors of s^i Town of Edgartown requireing them forthwith to assess
156 Peovinoe Laws (^Resolves etc.). — 1697. [Chaps. ^8, 19.]
the abovesi sum of Oue hundred & Eight pounds fifteen shillings &
Eight pence which they are in Arreares in manner and form as in
y*" s*^ Act is set forth And y° list soe perfected and signed by y*^ said
Select men or assessors or the Maj- part of them to commit to the
Constable or Collector of s- Town as also to return a Certificate of
y" name of such Constable or Collector unto the Treasurer at or before
the last day of August next ensueing And The Treasurer upon receipt
of such Certificate is hereby impowred «& ordered to Issue forth his
Warrant to said Constable or Collector requireing him to collect and
pay in the same at or before y*^ last Day of October next ensueing.
And if the Select men or Assessors of said Town shall neglect or
refuse to perform y*^ service required of them by this order they sliall
pay the said sum of One hundred Eight pounds fifteen Shillings &
Eight pence to be Levied by distress & sale of the estates real or per-
sonal of said Select men or Assessors by Warrant from y'' Treasurer
directed to the Sheriff of the County and for want of estate their
bodies to be taken and imprisoned in S*^ County Goal & If none there
then in plymouth Goal until they pay the same. And the Sheriff
Constable or Collector failing of performing the duty and service of
them respectively required shall be liable and Subject unto the like
pains penalties and forfeitures to be prosecuted and recovered of them
in y*" same way & manner as in and by any act or Acts of the General
Assembly or any Clause branch or Article thereof are set declared and
discribed. And That a Copy of this order be sent with tlie Treasurers
Warrant to the Select men or Assessors of said Town of Edgartown —
[^Approved June 17. ^
CHAPTEK 18.
VOTE FOR ALLOWING AND PAYING TWO HUNDRED AND FIFTY POUNDS
TO WILLIAM STOUGHTON, FOR HIS SERVICES AS LIEUTENANT-
GOVERNOR, ETC., IN THE YEAR 1696-7.
Voted., That the Sum of Two hundred and fBf ty pounds be allowed
and paid to the Houo"'.^''' William Stoughton Esq? out of the publick
Treasury, for his Service the last Year as Leiut'l' Governour &
Comand? in chief of this province. \_Approved June IS.
CHAPTER 19.
VOTE FOR ALLOWING AND PAYING FIFTY POUNDS TO INCREASE
MATHER, FOR HIS SERVICES AS PRESIDENT OF HARVARD COLLEGE
IN THE YEAR 1696-7.
Voted., That W Increase Mather be allowed and paid out of the
publick Treasury the Sum of fHfty pounds for his last Yeares Service as
President of Harvard Colledge [^Approved June 18.
[1st Sess.] Province Laws (^Resolves etc.). — 101)7. 157
CHAPTEK 20.
VOTK l-'OK ALLOWING ELEVEN POUNDS OUT OF THE PROVINCE
TRI'wVSURY TO WILLIAM SOUTHWORTII, DANIEL EATON AND WIL-
LIAM IIILLIARD, LATE CONSTABLES OF LITTLE COMPTON, IN FULL,
OF TUM EXPENSES, ETC., OF THEIR PROSECUTION IN THE CCJURTS
OF RHODE ISLAND, FOR EXECUTING WARRANTS, ETC., OFFICIALLY
COMMITTED TO THEM IN THIS PROVINCE.
TiiK ricTiTioN and aceompt of Capt. William Southworth, Daniel
Eaton and William Hilly ard, late constables of Little Comptou, of
tlioir charges and expences on occasion of their being arrested at
Kliod Island, and prosecuted in the courts there, for executing several
warrants and orders committed to them by this government, was read
and, —
Voted, In concurrance with the representatives, that there be
allowed and paid out of the public treasury, the sum of five pounds
unto Capt"- William Southworth, and the sum of six pounds unto tlie
s''» Daniel P2aton and William Hillyard, in full of their several charges
and expences in the said accompt mentioned. [Approved June 18.
CHAPTER 21.
VOTE FOR ALLOWING TWO HUNDRED AND THIRTY POUNDS TO JAMES
TAYLOR, TREASURER OF THE PROVINCE, FOR HIS SERVICES IN
THE YEAR 1696-7.
Voted, That M^ James Taylor be allowed and paid out of the pub-
lick Treasury the Sum of Two hundred and Thirty pounds for his
Sei*vice the last Year as Treasurer of this province. \_Approved June
18.
CHAPTER 22.
VOTE FOR ALLOWING SEVEN POUNDS TO ADDINGTON DAVENPORT,
CLERK OF THE HOUSE OF REPRESENTATIVES, FOR HIS SERVICES
DURING THE PRESENT SESSION.
Voted That W Addington Dauenport Clerk of y*" house of Repre-
sentatiues be allowed Seauen pounds out of y'' prouince Treasury for
his seruice as Clerk this ^sent Session. \_Approved June 18.
CHAPTER 23.
VOTE FOR ALLOWING FOUR POUNDS TEN SHILLINGS (INCLUDING A
FORMER ALLOWANCE), TO HENRY EMMES, MESSENGER OF THE
HOUSE OF REPRESENTATIVES, FOR HIS SERVICES IN THAT
OFFICE.
Voted, That the abovenamed Henry Emms be allowed and paid out
of the publick Treasury the Sum of ffour pounds Tenn shillings ;
including what hath already been Ordered him ; being Three pounds,
at the last Session. \_AppTOved June 18.
158 FROvmcE Laws {liesolves etc.) . — 1697. [Chaps. 24-26.]
CHAPTER 24.
VOTE FOR ALLOWING EIGHT POUNDS, EACH, TO ELISHA HUTCHIN-
SON AND NATHANIEL BYFIELD, FOR THEIR SERVICES AS COM-
MISSIONERS TO RHODE ISLAND AND CONNECTICUT.
Voted, That there be allowed and paid out of the publick Treasury
to TJ Col? Elisha Hutchinson and Capt. Nathaniel Byfield for their
service as CommiSsoners from this Government to the Governments
of Rhoad Island and C'onnecticot, the Sum of Eight pounds apeice.
\_Approved June 18.
CHAPTER 25.
VOTE FOR REIMBURSING JAMES TAYLOR, PROVINCE TREASURER,
OR HIS EXECUTORS, ETC., IN CASE OF HIS DEATH OR REMOVAL
FROM OFFICE, ALL SUMS DUE TO HIM, OR ADVANCED BY HIM IN
HIS OFFICIAL CAPACITY.
Inasmuch as the publick Qccasions for His Maj''.*"' Service & the
defence of this his Province require a Speedy disburse of a consider-
able Sum of money for the procuring of provisions and other Supplys,
which cannot otherwise be Obtained without the Treasurer accomo-
date the same by the advance of his own moneys, until he may be
reimbursed out of the publick Taxes, and the Dutys of Impost & ™
ffor Encouragement therefore unto M^ James Taylor Treasurer to
serve the present Necessity by the laying out of his own moneys for
the s'^ Occasion, and the better to assure and secure his being reim-
bursed what and so much as he shall Supply for the Service of the
publick.
Voted, In case of his death or Removal from the Office of Treasurer,
before he be reimbursed the full of what he shall advance of his own
proper estate, That he his Executors or Administrators shall be repaid
such Sura or Sums of money as shall then appear to be justly due and
owing unto him on that Accompt, by the first moneys which shall be
next drawne into the Treasur}^ as well of the Taxes then in collecting
or to be collected as the Dutys of Impost Excise and Tuunage of
Shipping. \_Approved June 19.
CHAPTER 26.
VOTE IN EXPECTATION OF THE ARRIVAL OF THE EARL OF BELLO-
MONT, THE NEWLY- APPOINTED GOVERNOR OF THIS PROVINCE,
RECOMMENDING THAT PROVISION BE SPEEDILY MADE, AT THE
PUBLIC EXPENSE, FOR HIS RECEPTION AND ACCOMMODATION.
Vofpd, Whereas By Letters Lately Receiued from the Lords Com-
missioners for Trade & Planta'™' (which By his Hono""' Direction haue
bin laid before this House) we are giuen fully to understand that his
maj'i" hath appointed the Earle of Bellamont, to be his Gouerr of thia
[1st Sess.J PuovrNCE Laws ( ReKolvefi etc.) . — lf>I»7. 259
Prox-ince New-Yorke, & Ncw-hampshirc ; and Cap' Gencrall of the
other parts of New- England, & y'' Jerseys whoso happy Arriiuill liere
we are in dayly expectation off, do therefore Humbly Recommend it, to
His Honf the U Gouerf & Commander in Cheife ; and tlie Honor''
Council ; tliat with all Speed prouission may bG made for the Recep-
tion & Aceommochition of that NobU; Lord in the Rest manner that
this Place is Ca[)iable off, the Charge whereof to be I>orne l>y the
Province- [Concurred in by the Council^ and approved June 19.
1()0 i^RoviNGE Laws (liesolves etc.). — 1697. [Chaps. 27-29.]
ORDER, VOTES AND REPORT
Passed at the Session begun and held at Boston,
ON THE Eighth day of September, A. D. 1697.
CHAPTER 27.
ORDER FOR APPOINTING A COMMITTEE TO RUN THE LINES BETWEEN
THE TOWNS OF FREETOWN AND TIVERTON, AND TO MAKE REPORT
OF THEIR DOINGS, ETC. [Approved September 10.
[^Printed with resolves, orders, etc., relating to the establishment, etc.,
of toivns, etc.^
CHAPTER 28.
VOTE FOR ALLOWING AND PAYING THIRTY POUNDS OUT OF THE
PROVINCE TREASURY TO THE TOWN OF BERWICK TOWARDS THE
MAINTENANCE OF A MINISTER FOR THE GARRISON THERE.
Upon reading the petition of sundry of the principal inhabitants of
the parish .of Barwiek in the county York, —
Voted, In Answer to this petition ; That s*? Parish of Barwiek shall
be allowed and paid out of the publick Treasury the Sum of Tenn
pounds for the Year last past ; And Twenty pounds more for the Year
ensuing towards maintenance of a minister for the Garrisons in s'?
place. [^ Approved September 10.
CHAPTER 29.
REPORT OF A COMMITTEE ON THE DIVIDING LINE BETWEEN REHO-
BOTH AND ATTLEBOROUGH, AND THE VOTE APPROVING AND CON-
FIRMING THE DIVISION PROPOSED THEREIN. [Approved September ]0.
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
[2d Sess.] Province Laws {Resolves etc.). — 1097. 101
CHAPTEE 30.
VOTE DIRECTING THE COMMITTEE ON DEBENTURES TO FORBEAR
ISSUING DEBENTURES OR DRAWING UPON THE TREASURY UNTIL
THE NEXT SESSION EXCEPT UPON THE SPECIAL ORDER OF THE
LIEUTENANT-GOVERNOR AND COUNCIL
Whereas the demands from the Treasury are far greater than can
at present be answered until a further Supply be made ; which this
Court Resolve to make at their next Session-/.
Vof^. That the Comittee for Debentures do forbear passing Deben-
ture's or drawing upon the Treasury until the next Session of this
Court, other than in any particular cases as the Gov^- and Council shall
judge necessary and give direction for [^Approved September 10.
c
1(32 Frovince Laws (Hesolves etc.). — 1697. [Chaps. 31, 32.]
VOTES, PROCLAMATION AND ORDERS
Passed at the Session begun and held at Boston,
ON THE Thirteenth day of October, A. D. 1697.
CHAPTER 31.
VOTE APPOINTING A COMMITTEE OF THE GENERAL COURT TO HEAR
THE LOAF-BREAD BAKERS OF BOSTON, PETITIONERS FOR RELIEF
FROM THE SEVERITY OF THE ACT FOR THE DUE ASSIZE OF
BREAD.
Upon reading at the board a petition of tlie loaf-bread bakers in
Boston praying to be relieved against the severity of the act for the
due assize of bread, and to be heard by their council of their griev-
ances in that respect, —
Vot^ That the Pet" be heard by a Coihittee of this Court. And that
V Col? Hathorne, JJ Col? Hutchinson and Cap;'^' Nathl Thomas,
with such others as shall be named by the House of Representatives,
be a Comittee for that purpose-/.
In the House of Representatives
Ordered, That Capt. Nathan! Byfield Capt. Samuel Gardner Cap :
Samuel Legg and M- Joseph Bridgehara do joine with the Gent, of the
Council appointed thereto to be a Committee to hear the petitioners
within mentioned. [^Approved October 15.
CHAPTER 3 2.
VOTE APPOINTING THURSDAY, NOVEMBER U, 1697, AS A DAY OF
PUBLIC THANKSGIVING.
Voted, Tliat Thursday the Eleventh of Noverabr next be set apart as
a publick day of Thanksgiving throughout this province ; and That a
Bill be prepared accordingly. [Approved October 15.
3
[3d Sess.] Puovince Laws {Resolves etc.) . — 1097. 263
CHAPTER 33.
DRAUGHT OF A PROCLAMATION FOR A DAY OF SOLEMN THANKS-
GIVING.
PnOVINCE OF THE
Massachusetts Bay/. By the Hon''t* the D Gov? & Comancler
in Chief Council and Assembly.
A Proclamation.
Whekeas, Notwithstanding the awfuU Rebukes of Divine Provi-
dence, which we have cause to be deeply sensible of, God has in the
midst of A\''rath remembred INIercy ; Since He has this year favoured
us with a more plentifull Harvest, than in some former years ; having
been graciously pleased in the Suiiier past to send plentifull Showers
of Blessing, and that as a signal Answer to Prayer ; on which Account
the Vow of Praise ought to be performed to Him : And has moreover
saved us from a feared Invasion of potent Adversaries ; And has
blessed us with Health in a very gracious Measure, when some other
Plantations are visited with malignant & mortal Diseases Upon which
Considerations Thorsday the Eleventh of November next is hereby
appointed to be kept as a Day of solemn Thanksgiving throughout the
Province : And both Ministers & People are Exorted to Endeavour
that an Acceptable Sacrifice of Praise may be offered to God by Jesus
Christ. And all Servile Labour is hereby inhibited on said Day.
\_Apiyroved October 18.
CHAPTER 34.
VOTE FOR REMITTING TO THE IMPORTERS THE IMPOST, AND CHARGE
OF ENTRY, OF A QUANTITY OF RUM SAVED FROM THE WRECK OF
THE SHIP PROVIDENCE.
Upon reading the petition of Robert Howard of Boston, merch* , in
behalf of himself and other owners and freighters of the ship Provi-
dence, Michael Gill, master, therein setting forth that the said ship,
in her voyage from Barbadoes to Boston, upon the 28"' of September,
last, was cast away and broken to peices on Harding's rocks, nigh unto
Nantuket, and a small quantity of rhum, of the cargo on board her,
was driven ashore, but through the badness of the cask much salt
water mixed therewith, and a considerable chai'ge expended for the
salvage thereof, praying that on consideration of their great loss, the
impost of the s**- rhum so saved, may be remitted jinto the persons con-
cerned therein, —
Voted, That the Severall Casks of Rhum that are saved shall be
entred in the Impost Office according to the Account presented with
this petition ; And that the Impost thereof shall be remitted to the
petitioners, together with the chax'ge of entry. [^Approved October 19.
164 Frovince liAws {Besolves etc.). — 1697. [Chap. 35-37.]
CHAPTER 35.
VOTE FOR PAYING TWENTY POUNDS OUT OF THE PROVINCE
TREASURY TO JOHN WALLEY, NATHANIEL BYFIELD AND JAMES
CONVERSE FOR THEIR SERVICES AS COMMISSIONERS FOR FARM-
ING THE EXCISE DURING THE CURRENT YEAR.
Whereas JMajf John Walley, Cap^ Nathaniel Byfield, & Maj!' James
Converse were by this Court sometime in June Last past appointed Com-
missioners for y"' manadgem- of the Excise of this Province for y*" Year
ensueing, and after a message, was brought down to this house from
y" Lieu! Govern'' & Couucill that it was thought three shillings in y'^
Pound to be a meet compensation for their charge, paines, & troubles
therein, it was agreed by this Court that tliey should be rewarded
according to their trouble & Service they shall do for the Province in
the manadgement of said Affaire, and this house being Satisfied with
their manadgem- of said Affaire, and it Appearing that the Excise is
Farmed-out for some hundred of Pounds more then was made of it the
Last Year, and the s** Gentlemen having as by an Acco" laid before us
been out of pocket between thirty & Fourty shillings, of w'^'' Twenty
Two shillings was paid by them for writings relateing to the Same —
Voted that for the reimburseing and Compensateing of the Said Wal-
ley, Byfield and Converse, there be paid them out of the Publique
Treasury of this Province the Sume of Twenty pounds. \_Approved
October 19.
CHAPTEE 36.
VOTE FOR ALLOWING AND PAYING OUT OF THE PROVINCE TREAS-
URY TWENTY POUNDS, ETC., TO CAPTAIN JOHN WING, FORMERLY
COMMANDER OF THE LATE FORT AT PEMAQUID, FOR HIS EX-
TRAORDINARY SERVICES THERE, AND IN ADDITION TO HIS ORDI-
NARY WAGES, ETC.
Voted, That Captain John Wing, some time commander of the late
fort at Pemaquid, and employed there in the time of building the same,
be allowed as a gratuity for his extraordinary service there (besides
his ordinary wages) , the sum of twenty pounds to be paid out of the
public treasury, if nothing hath been before allowed in that respect ;
and if anything be yet due to him for billettiug of souldiers under the
command of Capt. Barnard, he is referred to the committee for grant-
ing debentures. \_Approved October 19.
CHAPTER 37.
ORDER APPOINTING A HEARING ON THE PETITION OF THOMAS
HINCKLEY, PRAYING THAT TWO HUNDRED ACRES OF LAND NEAR
SECONET MAY BE LAID OUT TO HIM ACCORDING TO A FORMER
GRANT, AND FOR NOTIFYING THE ADVERSE PARTIES THEREOF.
[Approved October 19.
[^Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
[3d Sess.] Province Laws {liesolves etc.). — 1697. 265
CHAPTER 38.
VOTE FOR ALLOWING AND PAYING TEN POUNDS OUT OF THE PROV-
INCE TREASURY TO COLONEL JOHN PYNCHON FOR HIS EXTRAOR-
DINARY SERVICES AND EXPENSES WITH THE REGIMENT UNDER
HIS COMMAND ON THE FRONTIERS.
Voted, That CoP- John Pyncheon be allowed out of the public treas-
ury the sum of ten pounds for his extraordinary service and expences
within the regiment under his command, lying frontier to the enemy,
and that an order for payment thereof be made out. {^Approved Octo-
ber 20.
CHAPTER 39.
VOTE FOR ALLOWING TEN POUNDS IN ADDITION TO A FORMER
GRANT, TO COLONEL JOHN PHILLIPS AND CAPTAIN NATHANIEL
BYFIELD FOR THEIR SERVICES AND EXPENSES IN A VISIT TO THE
FORCES AT THE EASTWARD BY ORDER OF THE COMMANDER-IN-
CHIEF, ETC.
An accompt presented by CoP- John Phillips and Capt. Nath.
Byfield, of their charge and expences in a journey to the eastern parts
of this province by order from the commander-in-chief, with advice of
the council, to visit the forces then in service, and to encourage them
to a further prosecution of the enemy, amounting to fourteen pounds
four shillings and eightpence, was read, and allowed and, —
Voted, By the board, that ten pounds over and above the ten pounds
formerly ordered, be allowed unto the s''- accomptants, in ful of their
expence and in further acknowledgement of their service ; which vote
being sent down to the representatives was concurred with by them.
\^Approved October 22.
CHAPTER 40.
VOTE AND ORDER FOR ALLOWING AND CONFIRMING TO THE HEIRS
OF CAPTAIN RICHARD BEERS THREE HUNDRED ACRES OF LAND
ADJOINING THE TOWN OF MARLBOROUGH, IN SATISFACTION OF A
GRANT OF THE GENERAL COURT TO SAID BEERS, MAY 24, 1682, FOR
HIS SERVICES IN THE WAR, ETC. [Approved October 22.
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, ete.]
166 Province Laavs {Resolves etc.). — 1697. [Chaps. 41-43.]
CHAPTER 41.
VOTE FOR ALLOWING AND PAYING THIRTY POUNDS TO EPHRAIM
SAVAGE FOR HIS SERVICES FROM JULY 6, 1696, TO JULY 6, 1697,
AS ONE OF THE COMMITTEE FOR PASSING DEBENTURES.
Voted, That there be allowed out of the public treasury unto Capt.
Ephi-aim Savage, the sum of thirty pounds for his service as one of
the committee for passing debentures, from the sixth of July, 1696,
to the sixth of July, 1697, and that payment be ordered him accord-
ingly. \_Approved October 22.
CHAPTER 42.
ORDER FOR GIVING GRATUITIES TO HUGH, AN INDIAN OF EAST
HARBOR ON CAPE COD, AND TO HIS INDIAN COMPANIONS, FOR
THEIR SERVICES IN REPELLING, KILLING AND CAPTURING CERTAIN
FRENCH ENEMIES OF THE KING.
Whereas Information being Given that the Indyans Residing att
and neare East harbor on Cape Cod to the number of ten, did on the
landing of the ffrench Iilnemie there in September last past, make
Choice of one amongst themselves to leade them, and unanimously
Repel Kill and take some of the sd Enemie, and did thereby Defend
the Estates of the English which otherwise might have been taken and
Caryed away by the s^ french Enemie It is therefore
ordered by this Court : and the authority thereof that there be given
as a gratuity unto Hugh the Cap' of the s*^ Indyens a good gun and to
Each of the other nine a Coat of Duffels or blanket and to be paid out
of the publick tresury, and that it be put Into the hands of Cap'
Sparow at Eastham to be distributed unto s'^ Indyons. \_Approved
October 22.
CHAPTER 43.
«
ORDER FOR COLLECTING THE TAXES COMMITTED FOR COLLECTION
TO JOSEPH FROST, LATE CONSTABLE OF CHARLESTOWN, DECEASED,
AND NOT COLLECTED AT THE TIME OF HIS DEATH, AND RESPIT-
ING PROCEEDINGS THEREFOR AGAINST THE ESTATE OF SAID
FROST.
Upon reading the petition of Hannah Frost, widow of Joseph
Frost, some time past constable of Chai'lestown, deceed, therein set-
ting forth that the estate of the s''- Joseph Frost is taken in execution
to satisfy the remainder of several sums of money left uncollected
by her s*- husband at the time of his death, of the public taxes or
assessments to him committed, praying to be relieved, and that some
meet person may be impi'oved to perfect the s**- collection, —
Ordered, That pursuant to the law of this province, the selectmen
of s'' Charlestown do forthwith nominate and procure, at the charge of
[3d Sess.] Pkovince Laws (liesolves etc.). — lOi)?. 1(J7
s"*- town, a fit person or persons to collect or gather in the arrears of
said taxes or asscsssments and pay the same into the treasury, tiie
selectmen to provide such collector or collectors with a list of the
names of the persons, and sums due from each of them towards the s''-
assessments ; and the treasurer is hereby imi)Owered and directed to
make out his warr'"- with the usual powers to such collectors, to gathej-
in the same, and what and so much of the arrears as shall be brought
into the treasury is to be abated and discounted in part of what the
estate of s'"- Frost is seized for, and the further proceeding against the
estate of s''- Frost as to the disposal thereof, as also any prosecution
against the sheriffe of Middlesex relating to that matter, are hereby
respited until further order. [^Approved Oclober 22.
CHAPTER 44.
ORDER FOR ENFORCING THE ORDER OF SEPTEMBER 10, 1697, FOR
STATING THE LINES BETWEEN THE TOWNS OF FREETOWN AND
TIVERTON. [Approved October 26.
\_Pi-inted with resolves^ orders., etc., relating to the establishment., etc.,
of towns, eic]
CHAPTER 45.
VOTE FOR ALLOWING AND PAYING FIFTEEN POUNDS TO ZEBADIAH
WILLIAMS, A SOLDIER WOUNDED IN THE KING'S SERVICE AT THE
ATTACK ON DEERFIELD.
Voted, That there be allowed out of the public treasury the sum of
fifteen pounds unto Zabadiah Williams, a souldier wounded in his majes-
tie's service when Deerfield was attacked, for his cure, loss of time and
expences, and that payment be accordingly ordered. \_Approved
October 26.
CHAPTER 46.
VOTE FOR ALLOWING AND PAYING TEN POUNDS, AND AN ANNUAL
PENSION OF FIVE POUNDS, BESIDES THE EXPENSE OF HIS CURE,
TO NICHOLAS PICKETT OF MARBLEHEAD, A SOLDIER MAIMED IN
THE KING'S SERVICE.
Voted, That there be allowed out of the public treasury unto Nicho-
las Pickett of Marblehead, a souldier wounded and maimed in his maj-
estie's service, the sum of ten pounds for this year, and five pounds per
annum afterwards until such time as this court shall order otherwise,
as also the charge of his cure be defreyed by the publick, and that pay-
ment be ordered accordingly. [^Approved October 26.
168 Frovince luAWS (Besolves etc.) . — 1697. [Chaps. 47-49.]
CHAPTER 47.
VOTE FOR ALLOWING TWENTY POUNDS OUT OF THE PROVINCE
TREASURY TO SUCH MINISTER AS SHALL BE PROCURED BY THE
TOWN OF LANCASTER TO REMAIN THERE ONE YEAR, TO SUCCEED
THEIR FORMER MINISTER WHO WAS SLAIN BY THE ENEMY.
Upon consideration of the damage aud spoil lately done by the
enemy upon the town of Lancaster, in which their minister was slain, —
Voted, That for the encouragement and enabling of s*^- town to get
a minister, there shall be allowed out of the public treasury, the sum
of twenty pounds to the minister that shall be procured to live there
for the fii'st year. \^Ap27roved October 26.
CHAPTER 48.
VOTE APPOINTING A HEARING ON THE PETITION OF WALTER SHEP-
ARD AND ISAAC RICE OF SUDBURY, AGAINST THOMAS BROWNE
AND JAMES MINOT, JUSTICES OF THE PEACE, AND FOR NOTIFY-
ING SAID JUSTICES TO ATTEND ACCORDINGLY; ALSO FOR A STAY
OF EXECUTION, ETC.
Voted, That Walter Shepard and Isaac Rice of Sudbury, in the
county of Middlesex, be heard the first Tuesday in the next sessions
of this court, upon their complaint preferred against M''- Justice
Browne and M""- Justice Minot, the said justices to be notified to attend
accordingly, and that order be given from this court to stay the execu-
tion granted ag"- the complainants. \_Ap2yr0ved October 26.
CHAPTER 49.
VOTE FOR ALLOWING TWENTY POUNDS OUT OF THE PROVINCE
TREASURY, TOWARDS THE MAINTENANCE OF THE MINISTRY AT
THE GARRISON AND TOWN OF DUNSTABLE FOR ONE YEAR,
FROM JUNE 12, 1697.
Voted * * That y* Towne of Dunstable be allowed towards y" Men-
tainance of the Ministry at y' Garrissons & Towne Twenty pounds to
be payd out of the prouince Treasury for this year : beginning y"^ 1 2'J'
June 1697 vntil next June \_Ap2yro0ed October 28.
[3d Sess.] Province Laws {Resolves etc.). — 1G97. , 1(J9
CHAPTER 50.
VOTE FOR ALLOWING ONE HUNDRED THIRTY-SIX POUNDS FOUR-
TEEN SHILLINGS AND FOURPENCE TO CALEB RAY, KEEPER OF THE
PRISON IN BOSTON, FOR KEEPING THE FRENCH PRISONERS OF
WAR AND TrtE INDIAN PRISONERS, ETC.
Two ACCOMPT.'^ of Caleb Ray, keeper of his majestie's goal in Boston,
for the keeping of French prisoners of warr and the Indian prisoners,
the one from the sixth of June past unto the eighth of September fol-
lowing, amounting to the sum of one hundred and eight pounds and
livepeuce, and the other from the s*^- 8"* of September unto the thir-
teenth of October, amounting to the sum of twenty-eight pounds thii*-
teen shillings and eleven pence, sent up from the representatives with
their approbation and allowance thereof to be paid out of the [)ublic
treasury, were read and a concurrance therewith, —
Voted, And that payment of s*^- sums be accordingly ordered. \_Ap-
proved October 29.
CHAPTER 51.
VOTE FOR ALLOWING SEVENTY POUNDS TO ISAAC ADDINGTON, SEC-
RETARY OF THE PROVINCE, FOR HIS EXTRAORDINARY SERVICES
IN THE YEAR 1696-7-
In Consideration of the Extraordinary pains and Service of Isaac
Addington Esq- Secretary ; this last Year
Voted, That there be allowed and paid unto him out of the publiek
Treasury the Sum of Seventy pounds \_Approved October 30.
CHAPTER 52.
VOTE FOR ALLOWING SIX POUNDS TO ADDINGTON DAVENPORT.
FOR HIS SERVICES AS CLERK OF THE HOUSE OF REPRESENTA-
TIVES DURING TWO SESSIONS IN 1697.
Voted In y'' house of Representatiues That M- Addington Dauenport
clerk of this house be allowed Six pounds out of ye publiek Treasury
for his Seruice the Last Sessions & this ,^sent Session \_Concurred in
bij the Council, and approved October 80.
CHAPTER 53.
VOTE FOR ALLOWING AND PAYING TWENTY POUNDS OUT OF THE
PROVINCE TREASURY TO RUTH KNILL, WIDOW OF PHILIP KNILL,
LATE OF CHARLESTOWN, DECEASED, FOR THEIR NEGRO SLAVE
IMPRESSED INTO, AND DYING IN, THE KING'S SERVICE.
Voted, That there be allowed and paid out of the publiek treasury
unto Ruth Knile,* widow of Phillip Knile, late of Charlestown, dedeed,
* " Knill," in the copy of the records in the State Library, and in the petition, in the
archives.
170 Province Laws {Resolves etc.). — 1697. [Chaps. 54-56.]
the sum of twenty pounds for their negro man, Sambo, who being
impressed into his majestie's service on board a ship of warr was there
seized with a mortal distemper whereof he died. \_Approved October
30.
CHAPTER 54.
VOTE FOR ALTERING AND FITTING UP THE REPRESENTATIVES'
ROOM IN THE TOWN-HOUSE, UNDER THE DIRECTION OF THE JUS-
TICES, REPRESENTATIVES AND SELECTMEN OF BOSTON, AND FOR
DEFRAYING THE EXPENSE THEREOF.
Voted, That the Roome in the Town house where the Representa-
tives of this Province meet be altered and fitted up so as to make it
more convenient and accoiuodable, as the Justices and Representatives
with the Selectmen of said Town shall direct and appoint .. the Charge
whereof to be paid one halfe out of the publique Treasury of the
Province, one fourth part by the County of Sulfolke, and the other
fourth by the Town of Boston as is provided by an act of this Prov-
ince for defreying the charge of repairs of s*? house-/. \_Ax)XiToverl
October 30.
CHAPTER 55.
ORDER FOR INCREASING THE WAGES OF THE OFFICERS AND MEN
OF THE PROVINCE GALLEY, FOR THE YEAR 1G97-8.
Whereas for y" maning of y" province Gaily for his majesty' Ser-
vice There was a necessity to promise incouragement to the officers
& voluutiers beyond what this Court liad allowed Bee it
ordered for this present year ; provided it be no president for the
future. That ye Docter be allowed ffour pounds ^ month The warrant
officers Three pounds ^ mouth And y- y*^ voluntiers not Exceeding
Twelve be allowed ffourty shillings apeice ^ month — \_Approved Octo-
ber 30.
CHAPTER 56.
ORDER APPOINTING A COMMITTEE TO VIEW, ETC., AND REPORT ON
THE FEASIBILITY OF A CANAL THROUGH SANDWICH FROM BARN-
STABLE BAY TO MONUMENT BAY, FOR THE PASSAGE OF VESSELS,
ETC.
WuEEEAS it is thought by many to be very necessary for the preser-
vation of men and Estates, and very profitable and usefuU to the pub-
lick ; if a passage be Cut thru the Land att Sandwich from Barnstable
Bay so called into JMonement Bay, for Vessells to puss to and from the
Westerne parts of this Country.
[3d Sess.] Province La^vs (liesolves etc.). — 1697. 171
Ordered; That Mr John Otis of Barnstable, Capt. William Bassett
and Ml Thomas Smith of Sandwich be and hereby appointed to veiw
the place, and make Report to this Court at their Next Sessions Avhat
they judge will be the Generall Conveniences or Inconveniences .that
may accrue thereby ; and what the charge of the same may be. ; — and
[)robability of effecting thereof. [Approved October 30.
172 Frovlscb Laws (Besolves etc), — 1697. [Chaps. 57, 58. J
VOTES. RESOLVE, ORDERS, ETC.
Passed at the Session begun and held at Boston,
ON the Fifteenth day of December, A.D. 1697.
CHAPTER 5 7.
VOTE FOR REMITTING THE IMPOST ON ALL GOODS OF THE CARGO
OF THE SHIP SUCCESS, STRANDED AT CAPE ANN, AS SHALL APPEAR
TO THE COMMISSIONER OF THE IMPOST TO BE DAMAGED BY SALT
WATER, ETC.
Upon Reading the petition of Severall Merch"'' ffreighters on board
the Ship Success Sam'.' Turel Mast, from London, now put on Shoare
at Cape Ann and there stranded, Praying for Abatement of the Im-
post ou the Goods laden on s'^_ Ship ; by reason of the damage hapning
to them by s^ Accident.
Voted, That there shall be an Entry made of all y" Goods laden on
board s*^ Ship, and that the Impost shall be remitted on all Such of the
s^ Goods as shall appear to the Comissioner of the Impost to be
damnifyed by the Salt Water comeing into the s*^ Ship. [Approved
December 17.
CHAPTER 58.
RESOLVE FOR ALLOWING AND PAYING FORTY POUNDS, EACH, TO
THOMAS DANFORTH, WAIT WINTHROP, ELISHA COOKE AND SAMUEL
SEWALL, JUSTICES OF THE SUPERIOR COURT, ETC., FOR THEIR
SERVICES FOR ONE YEAR TO DECEMBER, 1697.
Ordered, That there be Allowed and paid out of y* publick Treasury
to the Hono''!* Thomas Danforth Wait Winthrop Elisha Cooke and
Sam'' Sewall Esq":' Justices of the Superiour Court of Judicature «&?
for their Service therein this last Year unto each fforty pounds apeice
[^Approved December 17.
[4th Sess.] Province \j\\w^ {Resolves etc.). — 1G97. 173
CHAPTER 59.
ORDER F(^R ALLOWING AND PAYING JAMKS MAXWELL, FOR HIS
SERVICES AS DOORKEEPER TO THE COUNCIL AND REPRESENTA-
TIVES FROM JUNE 8, 1697, AT THE RATE OF THIRTY POUNDS PER
ANNUM.
Ordered., That tliere be allowed aud paid out of the publick
Treasury unto James Maxwell, what is due to him for his Service as
Door Keeper to the Couucil, and House of Representatives from the
Eighth of June last past until this time ; after the rate of Thirty
pounds ^ Ann. \_Passed December 17.
CHAPTER 60.
VOTE FOR ALLOWING TEN POUNDS OUT OF THE PROVINCE TREAS-
URY, TOWARDS THE SUPPORT OF THE MINISTRY IN THE TOWN
OF STOW.
Upon representation made by the freeholders and inhabitants of
the town of Stow, setting forth their great poverty and smallness,
being reduced to great streights by the distresses of the warr, lying
frontier to the enemy, whereby they are rendred uncapable of sup-
porting the ministry without some assistance, —
Voted., That there be allowed and paid unto the selectmen of s'*- town
of Stow, in behalf e of said town, the sum of ten pounds out of the
publick treasury towards support of the ministry there. \_Approved
December 17.
CHAPTER 61.
VOTE FOR ALLOWING AND PAYING EIGHT POUNDS OUT OF THE
PUBLIC TREASURY TO ABRAHAM FOSTER OF IPSWICH, A SOLDIER
WOUNDED IN THE KING'S SERVICE.
Upon reading the petition of Abraham Foster, of Ipswich, a soldier
lately wounded in his majestie's service, praying for some allow-
ance, —
Voted, That there be allowed and paid unto the said Abraham
Foster out of the publick treasury the sum of eight pounds for smart
money. \_Approved December 1 7.
174 Province Laws {Resolves etc.). — 1697. [Chaps. 62-64.J
CHAPTEE 62.
APPOINTMENT BY THE GENERAL COURT, OF WAIT WINTHROP,
ELISHA COOKE AND PENN TOWNSEND, AS A COMMITTEE TO WAIT
UPON GOVERNOR BELLOMONT UPON HIS ARRIVAL AT NEW YORK.
Wait Winthrop and Elisha Cooke, Esq"-, two of the members of
the council, and Penn Towusend, Esq""-, speaker of the assembly, were
nominated and appointed by the court to wait upon his excellency
Richard, earle of Bellomont, captain-general and govern''-in-chief of
this province, etc., upon his arrival at New York. [^Passed Decem-
ber 17.
CHAPTER 6 3.
ORDER FOR A NEW APPOINTMENT FOR THE HEARING ON THE PE_
TITION OF THOMAS HINCKLEY, PRAYING THAT TWO HUNDRED
ACRES OF LAND NEAR SECONET MAY BE LAID OUT TO HIM AC-
CORDING TO A FORMER GRANT, AND FOR NOTIFYING THE AD-
VERSE PARTIES THEREOF. [Approved December 18.
[Printed with resolves, orders., etc., relating to the establishment, etc.,
oftoivns, etc.']
CHAPTER 64.
VOTE FOR ALLOWING TEN POUNDS OUT OF THE PROVINCE TREAS-
URY TO TIMOTHY PHILLIPS, SHERIFF OF MIDDLESEX COUNTY,
TOWARDS HIS EXPENSES AND FEES IN SEVERAL CASES OF WITCH-
CRAFT TRIED IN THAT COUNTY IN 1692, AND ORDERING THE
COURT OF SESSIONS TO RAISE THE REMAINDER BY A COUNTY
TAX, ETC.
Upon reading the petition and accompt presented by Timothy Phil-
lips, sheriffe of the county of Midd*-, amounting unto forty-two pounds
thirteen shillings and tenpence for dyat expences and fees for several
prisoners accused and tryed for witchcraft within the s''- county in the
yearlGOS,* —
Voted, That the petitioner be allowed the sum of ten pounds out of
the publick treasury towards liis said accompt, and the quarter sessions
of the peace in said count}' of Middlesex are ordered and impowered
to raise on said county the remainder of said ace" , and pay the bal-
lance thereof upon their adjustment. [Approved December 18.
•Sie: 1692.
[4tfi Skss.] Province \j\\w^ {Resolves etc.). — 1697. I75
CHAPTER i^5.
VOTE FOR AUDITING AND PAYING THE ACCOUNT OF CALEB RAY
KEEPER OF THE PRISON IN BOSTON, FOR KEEPING THE FRENCH
PRISONERS OF WAR AND INDIANS, ETC., — AMOUNTING TO FORTY -
FIVE POUNDS SIXTEEN SHILLINGS.
An ACCOMrr of Caleb Ray, keeper of his majestie's prison in Boston,
amounting to forty-five pounds sixteen shillings, for keeping sevenii
French prisoners of warr and Indians from the lo"' of October last to
this day, was read and, —
Voted, In coucurrance with the representatives, that it be referred ,
unto M""- Secretary and Major John Walley to audit the same, and that
payment be macle unto him, the s*^- Ray, according to their report
thereon. [^Approved December IS.
CHAPTER QQ.
VOTE FOR ADOPTING AN ADDRESS TO THE EARL OF BELLOMONT;
APPOINTED GOVERNOR OF THE PROVINCE, AND INSTRUCTIONS TO
THE COMMITTEE APPOINTED TO WAIT UPON HIM AT NEW YORK.
The address to his excellency Richard, earle of Bellomont,
captain-general and governour-in-chief of this province, etc., and
instructions to the gentlemen appointed to wait on his excellency at
New York, were again read, and, —
Voted, and sent down to the representatives and concurred with by
them. \_Passed December 20.
CHAPTER 67.
ORDER FOR GRANTING A NEW TRIAL, IN THE NATURE OF AN APPEAL,
TO WALTER SHEPARD AND 'ISAAC RICE, PETITIONERS, ETC., AND
FOR ORDERING THAT THE EXECUTION OR WARRANT OF DISTRESS
ISSUED AGAINST THEM BY THE JUSTICES THOMAS BROWNE AND
JAMES MINOT, BE SUPERSEDED.
Whereas Walter Shepard and Isaac Rice of Sudbury in the County
of Middy have preferd their Pef""" & Complaint unto this Court
against the proceedings of Tho : Browne and James INIinot P^sq''-^ two
of his Ma'^'^ Justices of the Peace within said County for denying them
the benefit of the Law to Appeal from a Sentance given against them
by the s'? Justices upon the 8*'' of Sep'-"" last past whereby they were
adjudged to pay Ten Shillings each as a Fine to the King and costs of
prosecution.
And the said Justices haveing been notifyed thereof and appearing,
Say they were ignorant of the alteration of the Law, as to allowing a
Liberty of Appeal in criminal cases.
176 Province \JA^\s, {Resolves etc.). — 1697. [Chap. 68.]
This Court do declare that the Complainants ought to have been
allowed an Appeal. And do hereby
Order that they have a new hearing of the matter for which they
were Sentenced by the s^ Justices at the next Court of General
Sessions of the Peace to be holden for the s^ County of Midd^ in
the nature of an Appeal ; And that the s- Court on due hearing
thereof do that which to Justice apperteiueth. And further
Order that the Execution or warrant of distress made out against
the Complainants, for the s^ Fines and charges, be and hereby is
Superseded. \_Approved December 22.
CHAPTER 68.
ORDER APPOINTING A COMMITTEE TO RECEIVE AND EXAMINE
CLAl\lS BY OFFICERS AND SOLDIERS WOUNDED IN THE KING'S
SERVICE BY THE ENEMY, IN THE ENGAGEMENT AT THE EAST-
WARD IN THE SUMMER OF 16i^7, AND TO MAKE REPORT THEREON
TO THE ASSEMBLY.
Ordered That Lieu- Col° Elisha Hutchinson, Samuel Sewall & Peter
Sergeant Esq" be a Committee to receive and inquire into the demands
that are or shall be made for allowance unto any Officers or Souldiers
which were wounded in his Ma^' service in the engagement with the
Enemy this last summer in the Eastern parts of this Province, and to
make report thereof unto the. General Assembly — \_Approved Decem-
ber 22.
RESOLVES, ORDERS, VOTES^
LETTER, PROCLAMATION
AND ADDRESSES,
Passed 1698.
[171]
LEGISLATIVE LIST
FOR
1698.
WILLIAM STOUGHTON, Esq.,
Lieutenant- or Deputy-Governor, etc.*
{ACTING GOVERNOR.)
ISAAC ADDINGTON, Esq.,
SECRETARY op the PROVINCE.
COUNCILLORS OR ASSISTANTS.
Of the inhabitants o/, or proprietors o/, lands loithin the territory formerly called
the Colony of the Massachusetts Bay: —
William Stoughton, Esq., Isaac Addington, Esq.,
TnoMAS Danforth, Esq., John Phillips, Esq.,
John Pynchon, Esq., , Jonathan Corwin, Esq.,
Wait Winthrop, Esq., William Browne, Esq.,
James Russell, Esq., John Foster, Esq.,
Elisha Cooke, Esq., Peter Sergeant, Esq ,
John Hathorne, Esq., John Wallet, Esq.,
Elisha Hutchinson, Esq., Daniel Peirce, Esq.,
Samuel Sewall, Esq., John Appleton, Esq.,
Penn Townsend, Esq.
Of the inhabitants of or proprietors of^ lands within the territory formerly called
New Plymouth : —
William Bradford, EsQ,,t John Thacher, Esq.,
Barnap.as Lothrop, Esq., John Saffin, Esq.,
Nathaniel Thomas, Esq.
Of the inhabitants of^ or proprietors of^ land within the territory formerly called
the Province of Maine : —
Samuel Wheelwright, Esq., Eliakim Hutchinson, Esq.,
Joseph Hammond, Esq. *
* For full title see pp. 6, 43, 71, ante, and notes.
t There is no record of Bradford's having taken the qualif.ying oaths, nor does he appear to Lave sat
ui the Council at any time durin,£^ the year.
[179]
180
Province Laws {Resolues, etc.). — 1(398. [Representatives.]
Of the inhabitants of^ or proprietors of^ land within the territory lying between the
river of Sagadahoc and Nova Scotia : —
Joseph Lynde, Esq.
REPRESENTATIVES or DEPUTIES.
May 23, to December 10, 1698.
Capt. NATHANIEL BYFIELD, Speaker.
County of Essex
Concluded.
County of Suffolk.
Boston, John Eyre, Esq.,
Capt. Andrew Belcher,*
Capt. Nathaniel Byfield,
Capt. Samuel Legg.
Roxbury, Mr. Nathaniel Holmes f
Dorchester, Capt Samuel Clap.
Milton, Capt. Thomas Vose.
Brainlrce, Mr. John Wilson.
Weymouth, Mr. Micajah Torrey.
Dedham, Mr. Asahel Smith.
Medfleld, Capt. Samuel Barbur %
Eingham, jMr. Wm. Hearsey.§
County of Essex.
Salem, Capt. Samuel Gardner,
Mr. Samuel Browne ^
Ipswich, Col. John Wainwright,
Capt. William Goodhue.
Newbury, MaJ. Daniel Davison, ||
Maj. Thomas Noyes.
Lynn, Capt John Burrill, jun.**
Marblehead, Capt. Nathaniel Norden.
Beverly, Mr. Samuel Balch.
Wenham, INIr John Newman.
Topsfield, Lieut Thomas Baker.ft
Gloucester, Capt. James Davis.
Boxford, Mr. John Pebody.fJ
Bradford, Mr. John Boynton.
* Chosen to succeed Penn Townsend wbo was first chosen representative, and afterwards elected tu
the Council.
t " Holms," in the Secretary's list.
+ '* Barber," in the Secretary's list.
^ " Hcrsey," in the Secretary's list.
U " Brown," in the Secretary's list.
II Erroneously written " Denison," in the Secretary's list.
** " Capt.," and " Burril," in the Sccretaiy's list, but " John Burrill, jun.," in the town records.
ft " Lieut.," in the town records, Imt " Mr.," in the Secretary's list.
XI " Peabody," in the Secretary's list.
§J " Lieut.," in the town records, but "Mr.," and " Browne," in the Secretary's list.
HH " Senior," in the town records.
nil " Ayre," in the Secretary's list.
*** " Garfield," in the Secretary's list.
ttt " Prescot," in the Secretary's list.
XXt " Converse," in the Secretary's list and in the town records.
§§f " Whittemore," in the Secretary's list.
Rowley,
Capt. Joseph Boynton.
Salisbury,
Lieut. Nathaniel Bi-own.§§
Amesbury,
Mr. John Kimball, senior.1!1
Andover,
Col. Dudley Bradstreet.
Haverhill,
Mr. Peter Ayer.||||
County of York.
York,
Mr. Abraham Preble.
Kittery,
Mr. Richard Cutt.
Duke's County.
Chilmark,
Mr. Thomas Mayhew.
County of Middlesex.
Charlestoimi,
Capt. Richard Spi'ague.
Cambridge,
Mr. Thomas Oliver.
Newton,
Mr. John Ward.
Watertown,
Capt. Benjamin Gearfield.***
Sudbury,
Ensign Joseph Rice.
Marlborough,
Mr. Thomas IIow.
Concord,
Mr. Jonathan Prescott.f ff
Chelmsford,
Capt. Jerahmeel Bowers.
Billericn,
Mr. Simon Crosbey.
Woburn,
Maj. James Couvers.JJI
Reading,
Mr. Ilananiah Parker.
Medford,
Mr. John Whitmore.§§§
Maiden,
Mr. Isaac Hill
[Uepkesentatives.J l^ioviNCb^ Laws (Resolves, etc.). — lC)dS. 181
County of Baknstable. County of Biuhtol- Concluded.
BarmiaOk, Mr. John Otis. Swanzei/, Mr Joseph Kent.**
EasUuim, Mr. Israel Cole. Taunton, Capt Thomas Leonard.
Yarmouth, Ensi<xn John Ilawes,* Dartmouth, (.'apt. Setli I'opo.
Mr. Tliomas Smith f Little Compton, Mr. John Woodman.
County of Plymouth. County of IIampsiiiuf.
Plymouth, Mr. Jonathan Morey, senior t Hpringjidd, Sergeant Luke Ilitehcoekft
Scituale, Mr. Samuel Clap § Northampton, Mr. Joseph Ilawh^y.
MarshfieUl, Ephraim Little.1[ Hatfield, Capt. Samuel rarlri-.r j;
Duxbury, Mr. Francis Barker. j^adley, Mr. George Stillman."
Bridgewater, Mr. Josiah Edson. Westficld, Mr. John Noble.
Deerfield, Mv. Jonathan Wells.
County of Bkistol.
Bristol, Mr. Ebenezer Brenton. Island of Nantucket.
Uehoboth, Deacon Samuel Newman. j| Mr. James Coffin. §5
ADDINGTON DAVENPORT, \ ^, , „„
WILLIAM PAYNE. / ^^^^'^^■'^^
JAMES MAXWELL, Messenger and Doorkeeper to the Lieutenant-Gov-
ernor and Council and Doorkeeper to the House of Representatives.
HENRY EMMES, Messenger of the House of Representatives.
* From the town records, but he does not appear to have taken or subscribed the qualifying o:iths, nor
13 his name in the Secretary's list.
t See note HIT to this name in the legislative list of 1695-6, p. 73, ante.
X It appears l)y the town records that Ephraim Morton was first chosen, but refused to serve.
^ "Nathaniel," in the Secretary's list.
H From the town records ; not sworn and not in the Secretary's list.
II " Deacon," in the town records.
** The following entry in the town records respecting the choice of this representative is interesting, as
showing how early the question What constitutes a majority vote at a town meeting where some present
reffain from voting ? had been settled in practice : —
" At a town meeting by virtue of his Majesties Writt to us directed for y« choice of a Representative to
serve at y^ Great & general Court to be holden May 25tii 1698 — The Town being Legally warned as per
Return of ye Constables & being mett together May 17, 1698 — first Chose a Moderator & Chose Mr.
Jos : Kent for ye day & proceeded to chuse a Representative & Mr. Jos : Kent had y° greatest number of
votes but not ye majj- part of y" votes or Electors y" present whereon was some debate wheither the choice
was Legall or not but at last concluded by j" Majf part It was Legal & according to ye Custome of other
Towns." — i?oo^ 2, p. 108.
tt "Sergeant," in the town records. This was a case of alternate or successive representation, such as
had been disallowed in the case of Wobiirn, in 1696. The vote of the town was as follows : —
"At a Towno Meeting May the tenth 1698 Sargant Luke Hitchcock and Ensigne Joseph Stebbins weare
chosen Representatives for this yeare Viz : successively on at a tyme to go to the Court. Sargant Luke
Hitchcock was chosen for the first sessions and Ensigne Joseph Stebbins for the next."
As Stebbins's name is not in the Secretary's list nor subscribed to the qualifying oaths, it is probable
that the House refused to seat him.
++ This was a similar case of alternate representation. The vote of the town was as follows : —
" May 9th 1698. Capt. Saml. Partrigg as also they made choice of Eleazer Krary. as a supply to servo
with said Partrigg by turn. One at a session till said court be ended, provided the Court allow them so."
— Town 7'ecords,p. 103.
Frary was probably rejected by the House, in accordance with the rule established in the case of the
town of Woburn, in 1696. His name does not appear in the Secretary's list, nor subscribed to the quali
fying oaths.
^N^^ Erroneously written " Converse," in the Secretary's list.
1111 Davenport was chosen clerk to serve during the first session, and Payne held the oflSce for the rest
of the year.
RnSOLVES, ORDERS, VOTES, ETC.
Passed at the Session begun and held at Boston,
ON THE Twenty-fifth day of May, A. D. 1698.
CHAPTER 1.
RESOLVE FOR THE APPOINTMENT OF A COMMITTEE TO THANK
NICHOLAS NOYES FOR HIS ELECTION SERMON*
Resolved, By the board, that Samuel Sewall, Esq''-, together with such
of the representatives as shall be appointed by that house, do give
the thanks of this court unto M""- Nicholas Noyes, minister, for his
ijermon preached before this court yesterday, and to desire a copy
thereof from liim, in order to printing the same, and that five hundred
copies thereof be printed. \_Passed May 26.
CHAPTER 2.
ORDER FOR THE APPOINTMENT OF A COMMITTEE TO CONFER WITH
JOHN BRIDGER, ONE OF THE KING'S PURVEYORS OF NAVAL STORES,
AND TO REPORT, ETC.
Upon reading a proposal made by M''- John Bridger, appointed one
of the purveyors for naval stores (recommended by his excellency the
earl of Beilomont), that a guard may be provided for him, to defend
himself and workmen from the Indians infesting these territories, whilst
they were surveying the woods, —
Ordered, By the board, that Elisha Hutchinson, John Walley, Elia-
kim Hutchinson, Esq"-, together with such as may be nominated by
the representatives, be and are hereby desired and appointed to dis-
course the said M""- Bridger, and to inform themselves of what powers
and instructions he has from his majesty relating to the business of
naval stores, and of the methods he designes to take in prosecution
thereof, and to report the same, that consideration may be had thereof
and needful encouragement be given. \^Concurred in by the House,
and passed May 27.
* See vote, 1693, chapter 1, ante, and note.
[183]
Ig4 Pkovince Laavs {Resolves etc.) . — 1698. [Chaps. 3-6."]
CHAPTER 3.
RESOLVE FOR A HEARING UPON THE PETITION OF ABRAHAM WIL-
LIAMS OF MARLBOROUGH, FOR RELIEF FROM A JUDGMENT
AWARDED AGAINST HIM BY THOMAS BROWNE, A JUSTICE OF THE
PEACE.
A PETITION of Abraham Williams of Marlborough, praying to be
allowed relief from a sentence given against him by M'- Thomas Brown,
one of his majestie's justices of peace in the county of Middlesex, and
to be heard at the general sessions of the peace for said county in
forme of an appeal, being read at the board, —
Resolved, That the petitioner be allowed a hearing as prayed for, and
sent down for concurrance. \_Conourred in by the House, and passed
June 1.
CHAPTER 4.
RESOLVE AND ORDER APPOINTING A COMMITTEE, AT THE EXPENSE
OF THE INHABITANTS THERE, TO EXAMINE AND REPORT UPON
THE SITUATION OF FRAMINGHAM WITH RESPECT TO THE EXPEDI-
ENCY OF MAKING IT A TOWNSHIP, AND TO NOTIFY THE TOWNS
OF SUDBURY, MARLBOROUGH AND SHERBURNE OF THE TIME OF
THEIR MEETING. [Approved June 2.
\Pnnted with resolves, orders, etc., relating to the establishment,
of towns, etc.']
etc..
CHAPTER 5.
RESOLVE FOR ALLOWING AND PAYING TWELVE POUNDS TO MAJOR
JAMES CONVERSE FOR EXPENSES INCURRED BY HIM WHILE IN
THE PUBLIC SERVICE.
Upon reading the petition of Major James Converse, —
Resolved, That the petitioner be allowed twelve pounds as a com-
pensation for several expences by him made whilst in his majestie's
service, and further allowance for his service. \^Approved Jane 8.
CHAPTER 6.
RESOLVE FOR ALLOWING TWENTY POUNDS TO ELEAZAR ROGERS OF
PLYMOUTH, A WOUNDED SOLDIER, IN FULL COMPENSATION FOR
HIS LOSS AND INJURY.
Upon heading the petition of Eliezer Rogers of Plimouth, — ■
Resolved, That the petitioner be allowed twenty pounds out of the
public treasury, in full compensation for smart money, and for the losse
and damage sustained by him as therein is set forth, being wounded
in his majestie's service and lost one of his eyes. \ Approved June S.
I 1st Skss.] I'lioviNGJO Laws {Resolves etc.) . — 1(J'J8. jy^-
ClIAPTEK 7.
RESOLVE DECLARING THE TOWN OK ANDOVER TO HE A FRONTIER
TOWN DURING THE PRESENT REBELLION OF THE EASTERN IN-
DIANS.
liesolved, Tluit the Towne of Andover shall from this time be es-
teemed a ffroutier Towne diiriug the Present Rebellion of the Eastern
Indians. \^A2)2>roved Jane 8.
CHAPTER 8.
ORDER FOR CONTINUING THE HEARING ON THE PETITION OF
THOMAS HINCKLEY FOR THE CONFIRMATION OF A FORMER GRANT
OF LAND NEAR SECONET.* [Approved Jmie 8.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.^
CHAPTER 9.
RESOLVE ADOPTING PROPOSALS KESPECTING THE DEFENCE OF THE
FRONTIERS.
Some propossalls Refiferring to y^ Deflence of y" Frontiers
Imj/ twenty tour men in Garrison at Wells
twenty in Garrissou at York
twenty five in Garrison at Kittery
twenty men for a Scout for them three towns
One Cap'" & two T.euf ' to Comand them —
M' Wheelwright Majo' Hamond & the Cap''''"' of y' Companys
to be a Comittee for ^Yarr to direct for y*^ improvement of
them —
vSalco twenty men.
Salsberry two men
Amsberry fowr men
t Haverhill Eight men
Andover fowr men
Belirca fowr men
Chelmsford Eight men
Dunstable — Eight men
Groaton Eight men
Lanchestor Eight men
Stow two men
In Hampshire
* See atite, 1697, order, chapter 63.
t Endorsed on tlie original resolve is the following, " Bradford. 2 men to y* 31"
Angt •/."
liS() Pkovince Laws (^Resolves etc.). — 16D8, [Chaps. 10, 11.]
Derefeild Sixteene men
Brookfeild Six men
Hatfeild three men for town & ffarme
Northampton two men
Hadley two men
Westfeild two men
ffortie men in two Compauys to Scout One half of them from
Amsberry & so on the North of Ilaverliill as far as Dunstable
the other Half from Dunstable to Nashaway On y*-' North of
Nashaway River &
Alsoe that an Address be sent to his Exeell y'^ Earl of Balemouut
that lie would be pleased to take some Order with y'' Maquas to call or
drtiw of any of the Scatecooke or other Indians Under there Comand
from Wenepescocket the white Hills or the places thereabouts —
That it be taken into Consideration by this Co''te to Raise a Tax to
Enable & forward y'^ afores*^ affaire as well as the other incident
Charges of this Province —
June 10'-^ 1698. In the House of Representatives ;
Resolved^ And sent up to His Hon- the Lieut"' Governour and
Council for Approbation.
die pdict. Read in Council and Resolved a concurrauce \_Passed
June 10.
CHAPTEK 10.
RESOLVE FOR ALLOWING AND PAYING FORTY-SIX POUNDS TWELVE
SHILLINGS AND FIVEPENCE TO ABRAHAM PREBLE AND OTHERS
FOR BILLETING SOLDIERS IN THE KING'S SERVICE IN 1690 AND 1691
Resolved^ That there be allowed and paid out of the publick treasury,
to Abraham Preble of York, eleven pounds eighteen shillings and
elevenpence; to Matthew Austin, eighteen pounds eight shillings and
6'''; to Arthur Bragdon, three pounds seven shillings and sixpence;
to Jeremiah Moultou, four pounds eight shillings and sixpence ; to
James Plaisted, one pound fom'teen shillings ; to Heury Milbury, three
pounds seven shillings and sixpence, and to Thomas Trafton, three
pounds seven shillings and sixpence ; the whole amounting to forty-
six pounds twelve shillings and fivepence, each man to be paid his re-
spective part thereof, as abovesaid, except part thereof do appear, by
the books of the coinissioners for the warr, to be paid already ; which
sums to the beforenamed persons, respectively, are for their billeting
of soldiers imploy'd in his majesty's service in the years 1090 and
1 09 1 . [^Approved June 10.
CHAPTER 11.
RESOLVE FOR ALLOWING SIX POUNDS TO JOSEPH ENGLISH, AN
INDIAN, FOR BRINGING INTELLIGENCE OF THE MOVEMENTS OF
THE ENEMY.
Resolved By y*-' House of Rcp'"sentatives that Joseph English an
Indian Escapeing from Frentch Cap''^''^ & makeing his way home
[1st Skss.] PkovIxNce Laws (Jie.solvcs etc.). — KlliS. 187
Giveiug mtelligence of y" Motions of the Enemy with intent to doe
Misscheife upon y" Fionteirs at this tynio thtit there be 8ix [joiuitls
drawn Out of the rublique Treaserie & put into y'' hands of Maj'
James Converse & Cap' Jerathmell liowers to be by y'" improved for
to Suply s** Indian & his Wife & Children with Cloathing as a
Rccompence for his good Service [Concurred in by the Council, and
approved Jane 14.
CHAPTER 12.
IIESOJ.VE AND ORDER FOR PERMITTING THE INHABITANTS OF THE
WEST SIDE OF STONY BROOK, IN THE TOWN OF WATERTOWN, TO
CALL AND SETTLE A MINISTER IN THAT PART OF THE TOWN,
AND FOR ERECTING THEM INTO A SEPARATE PRECINCT. [Ap-
proved June 14.
[Printed with resolves, orders., etc., relating to the establishment, etc.,
of towns, etc.'\
CHAPTER 13.
ORDER APPOINTING A HEARING ON THE PETITION IN BEHALF OF
THE INHABITANTS OF SALEM VILLAGE, AND FOR NOTIFYING THE
TOWN OF TOPSFIELD TO ATTEND, ETC. [ApprovedJune 14.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 14.
RESOLVE FOR REFERRING TO THE NEXT SESSION OF THE GENERAL
COURT THE PETITION OF THE INHABITANTS OF THE PRECINCT
OF MUDDY RIVER FOR CONFIRMATION OF AN ORDER, PASSED IN
THE TIME OF PRESIDENT DUDLEY, EXEMPTING SAID PRECINCT
FROM CERTAIN TAXES TO THE TOWN OF BOSTON.
Upon keauing a petition of the inhabitants of Muddy River, praying
a confirmation of an order of the president and council, anno 1686,
exempting said precinct from rates to the town of Boston, for their
highwayes, poor, and other town charges, etc., —
liesolved. That the said petition be referred to the next sessions of
this court, the town of Boston to be notified thereof. [Approved
June 14.
188 PiiOViNCE Laws {Besolves etc.). — 1G98. [Chaps. 15-17.]
CHAPTER 15.
RESOLVE FOR TRANSCIilBING AND FORWARDING A CONGRATULA-
TORY ADDRESS TO KING WILLIAM, ON THE OCCASION OF THE
PEACE BETWEEN FRANCE AND ENGLAND, AND FOR THE APPOINT-
MENT OF THE EARL OF BELLOMONT, GOVERNOR, ETC.*
A CONGRATULATORY ADDRESS unto Ms majesty, on occasion of the
peace, and for appointing and sending over so noble and worthy a per-
son to be his majestie's governour of this province, was drawn up and
read and, —
Resolved, To be fairly transcribed and sent forward to be i)resented.
[Approved Jane 15.
CHAPTER 16.
RESOLVE AND ORDER FOR PAYING TO SUNDRY PERSONS THE
VALUE OF UNENDORSED BILLS OF PUBLIC CREDIT BROUGHT IN
TO THE TREASURY BY THEM.
Resolved and Ordered., That several unendors't bills of credit, amount-
ing to the sum of forty-two shillings in the whole, presented by the
persons hereafter named ; viz'-, M"'- Samuel Phips, a bill for five shil-
lings ; IVr- Daniel Oliver, seventeen shillings ; James Gooch, five shill-
ings ; and M'- Samuel Wentworth, twenty shillings, be taken in by the
treasurer, and that they respectively have credit for the like sums.
\_Approved June 17.
CHAPTER 17.
RESOLVE FOR ALLOWING AND PAYING SIX POUNDS TO JOHN GILLET,
A SOLDIER IN THE KING'S SERVICE, RETURNED FROM CAPIIVITY.
Resolved., That there be allowed and paid out of the iniblic treasury
the sum of six pounds to John Gillet, for his present relief, having been
imployed as a souldier in his majestie's service within the province,
and taken prisoner by the enemy and carried to Canada, and from
thence to old France, and now returned home. \^Approved June 17.
* No copy of an address of tliis description, and bearing this date, has been found in the
archives ; but the address printed with the resolves of tlie next year (chapter 3, 1G99-170(),
post), was evidently prepared for precisely the same purpose. It is hardly probable that
it, could have beeniutendrd to jjresent to the king two successive addresses of thanks tor
the nppuintment of Belloniont, and hence it may be conjectured that, for some reason
wiiich does not appear tm the records, the original address, which was forwarded to the
agents of the province, by the Secretary, " per Captain Gwinn," July 14, 1698, failed to
reach its destinati.m.
[1st Sess.J Pkovinck Laws {Resolves etc.). — 1G98. 189
CHAPTER 18.
VOTE FOR APPROVING THE ])RAUGIIT OF A LETTER* FRCl^I THE
COUNCIL AND REPRESENTATIVES TO THE EARL OF BELLOMONT
IN ANSWER TO SEVERAL LETTERS RECEIVED FROM IIIM.
A LETTRii to bis ex^y- the earle of Bellomont from the council and
assembly, in answer to two several letters received from his lord'"'-, was
drawn up and, —
Agreed to. [^Passed June 18.
CHAPTER 19.
RESOLVE FOR ALLOWING FIVE POUNDS FOURTEEN SHILLINGS AND
SIXPENCE OUT OF THE PROVINCE TREASURY TO SAMUEL GALLOP,
SHERIFF OF BRISTOL COUNTY, TN DISCHARGE OF HIS ACCOUNT OF
THE EXECUTION OF SEVERAL WARRANTS.
Resolved, That there be allowed out of the public treasury unto
Capt"- Samuel Gallop, sheriff of the county of Bristol, the sum of five
pounds fourteen shillings and sixpence, upon his accompt presented of
service done in the execution of several warrants. [Aiiproved June
22.
CHAPTER 20.
RESOLVE FOR REDEEMING THE LAND OF BENJAMIN ALLEN, LATE
CONSTABLE OF SALISBURY, WHICH WAS SOLD ON A WARRANT OF
DISTRESS FROM THE PROVINCE TREASURER, AND FOR AUTHOR-
IZING THE ASSESSMENT AND COLLECTION OF THE AMOUNT OF
TAXES IN ARREARS FOR WHICH SAID LAND WAS SEIZED AND
SOLD.
Whereas, a certain peice or parcel of meadow belonging to Benja-
min Allen, late constable of Salisbury within the county of Essex, by
virtue of a warrant from the treasurer has been distrained by the
sheriff of the said county, apprized and sold, for answering and pa3'ing
into his maj''^^- treasury the sura of eighteen pounds eighteen shillings
and fourpence, being the arrears of certain rates due from the said
town of Salisbury during the time of said Allen's constableship, and it
appearing by the report of a committee of this court that the selectmen
of said town had not assessed part of the s**- sum upon their inhabi-
tants, or not committed the same unto the constable to collect, so that
so much was wrongfully exacted from the said Benjamin Allin, —
Resolved., That the sum of eleven pounds four shillings and eight-
pence be added unto the proportion of the town of Salisbury to the
tax that shall be granted by this court to be collected therewith, and
that the said Benjamin Allen do further pay into the treasury the sum
of seven pounds and sixpence ; on receipt of which sum of eighteen
* No copy of this letter bas been discovered in the archives.
190 Province Laws {Resolves etc.). — 1098. [Chaps. 21, 22.]
pounds five shillings and twopence, the treasurer be and is ordered to
pay unto the persons that bought tlie said meadow the sum of nineteen
pounds six sliillings and threepence, and the meadow be thereupon
diacha^ed from the execution served thereon, and remain unto the
said Allen as in his former estate, freed from all grants and incum-
brances ; and that s'^- Allen be also empowered by warrants from the
treasurer to collect what is standing out from any of the inhabitants
of Salisbury, their several proportions of the rates or assessments con-
tained in the lists coinitted unto him. [^Ajyproved June 22.
CHAPTER 21.
RESOLVE FOR ALLOWING FIFTEEN POUNDS FOR HIS SUBSISTENCE
AND SURGEON'S FEES, TO NATHANIEL COLLINS OF BOSTON, A SICK
AND LAME SOLDIER, RETURNED FROM THE KING'S SERVICE.
Resolved, That Nathaniel Collins, lately imployed as a soldier in his
majesty's service, and returned home sick and lame, be allowed fifteen
pounds out of the publick treasury, for his subsistance and payment
of the chirurgeon, to be paid to Capt. John Burrel of Lynn, to be
improved for the ends aforesaid ; said Capt. Burrel to be accountable
to the treasury for the overplus, if any be. \^App7-oved June 22.
CHAPTER 22.
RESOLVE DECLARING THE DESIRE OF THE GENERAL COURT THAT
ASSISTANCE BE RENDERED ACCORDING TO THE PROFOSAL OF
.JOHN BRIDGER, PURVEYOR OF NAVAL STORES, ETC., AND RECOM-
MENDING THAT A MILITARY GUARD BE ORDERED TO ATTEND
HIM AND HIS COMPANIONS.
Upon Consideration of the Proposal made by in- John Bridgier One
of the Purveyers of Naval Stores for his Ma*£? Service that he may be
assisted with some Souldiers as a Guard for his better Security, whilst
viewing of the woods. This Court do declare themselves willing and
ready to give all due Encouragement unto so necessary and useful a
designe for the Honour and Service of the Crown of England ; And
y? his INIa*^^ Expectations therein may be answered. And particularly
Resolved. That it be Recommended unto his Honour the Lieu!
Govern- and Commander in Chief to order a Guard to attend tlie said
M!" Bridgier and the other Gent" in Commission with him as need may
require when it shall be desire'd for the Occasion abovesaid within
this Province-/. \_Passed June 23.
[1st Sess.] Pkovinck Lix^m^ {Remlven etc.). — 1G98. 191
CIIAPTEK 23.
HlvSOLVE FOH ALLOWINC} AND PAYING THREE IIUNDREO POUNDS TO
WILLIAM STOUGIITON FOR HIS SERVICES AS LIEUTENANT-GOVER-
NOR, ETC., FN THE YEAR 1007-8.
Resolved, That there be allowed and paid out of the publiclc Treasury
tlie Sum of Three hundred pounds unto the Hond^^' William Stoui^h-
ton Ksq ; for his Service as Lieut"' Govcrnour & Comander in Chi(!f in
and over this province the Year last past [^Approved June 25.
CHAPTER 24.
RESOLVE FOR ALLOWING AND PAYING FIFTY POUNDS TO INCREASE
MATHER FOR HIS SERVICES AS PRESIDENT OF HARVARD COL-
LEGE IN THE YEAR 16!)7-8.
Resolved That there be allowed and paid out of the publick Treasury
the Sum of fflfty pounds unto M~ Increase Mather for his Service as
president of Harvard Colledge in Cambridge the Year last past. \_Ap-
proved June 25.
CHAPTER 25.
VOTE FOR APPROVING AND ALLOWING THE PROVINCE TREASURER'S
ACCOUNTS FROM MAY 22, 1697, TO MAY 30, 1698.
The ACCOMpf s of M*^- James Taylor, treasurer and receiver-general of
this province, beginning the 22'' of May, 1G97, and continued unto the
30"' day of May, 1698, amounting unto the sum of thirty- two thousand
ninety-nine pounds nine shillings and eleven pence, having been pre-
sented and laid before the house of representatives and inspected by
the said house, by which it appears there was standing out on the
said oO"' day of May, of the several assessments, four thousand nine
hundred forty poimds three shillings, and in the hands of the fermers
of the duty's of the excise three hundred ninety-seven pounds three
shillings and sixpence, as also of the duties of impost, etc. (as by
ace"- received from John Walley, Esq""', commissioner), two thousand
seven hundred twenty-seven pounds eleven shillings and fourpence, to
be drawn into the treasury and further to be accompted for, —
Voted, That the said accompts, in the several articles of receipts and
payments therein mentioned, amounting unto the sum of twenty-four
thousand thirty- four pounds twelve shillings and one penny, l)e and
hereby are approved and allowed of, and the said ti'easurer is hereby dis-
charged of the said sum of twenty-four thousand thirty-four pounds
twelve shillings and one penny. \_Approved June 25.
192 Province 1j aw s (Resolves etc.). — \{]9S. [Chaps. 26-21).]
CHAPTER 26.
RESOLVE FOR AN ADDITIONAL ALLOWANCE OF SEVEN POUNDS TO
AUDINGTON DAVENPORT FOR HIS SERVICES AS CLERK OF THE
HOUSE OF REPRESENTATIVES.
Hesolued in the house of Represeutatiues that M'" Addingtoa Dauen-
port for his service as Gierke of this house besides what he hath
Ah-eady Receiued for the year 1697 do Receiue out of the Publieque
Treasury of this Province the sume of seauen pounds
sent up to his Hon- the L- Gouer- & Council for Concurrance June
23-? 1698
25'?' June. Read in Council and Resolved a concur-
rance. I Approved June 25.
CHAPTER 2 7.
ORDER FOR ALLOWING AND PAYIxXG JAMES MAXWELL, FOR HIS
SERVICES AS DOORKEEPER TO THE COUNCIL AND REPRESENTA-
TIVES FROM DECEMBER 17, 1697, TO JUNE 8, 1698, AT THE RATE OF
THIRTY POUNDS PER ANNUM.
Ordered That James Maxwell be allowed and paid out of the pub-
lick Treasury what remains due to him for his Service as Door keeper
to the Council and House of Representatives from the Seventeenth
day of Decemb- last past unto the Eighth day of June currant after the
I'ate of Thirty pounds ^ Annum : [^Approved June 25.
CHAPTER 28.
RESOLVE FOR ALLOWING TWO HUNDRED POUNDS TO JAMES TAY-
LOR, TREASURER OF THE PROVINCE, FOR HIS SERVICES IN THE.
YEAR 1697-8.
liesoloed, That there be allowed and paid unto M''- James Taylor out
of the publick treasury the sum of two hundred pounds, for his service
as treasurer of this province the year last past. '[Approved June 27.
CHAPTER 29.
RESOLVE FOR ALLOWING AND PAYING EIGHTY POUNDS TO JOHN
WALLEY FOR HIS SERVICES AS COMMISSIONER OF THE IMPOST
IN THE YEAR 1697-8.
Resolved, That there be allowed and paid out of the publick treasury
the sum of eighty pounds unto Maj'- John Walley, as commissioner for
the impost for the year now last past. [Apjiroved June 27.
[2i) Sioss.] Pkovinck h awh (Ilesolves etc.). — 1GU8. 193
PROCLAMATION, ADDRESSES, VOTES,
RESOLVES AND ORDERS
Passed at the Session begun and held at Boston,
ON THE Fifteenth day of November, A.D. 1698.
CHAPTER 30.
VOTE AND PROCLAMATION APFOINTING THURSDAY THE FIFTEENTH
DAY OF DECEMBER, lfi98, AS A DAY OF PUBLIC THANKSGIVING.
A niLL appointing of Thnrsday the 15"' of December next to he kept
as a day of pnbliek thanksgiving throout this province, was read and, —
Agreed unto by the whole court. \_Approved November 18.
By the Hon"'.'" the Lieut Governour Council and Assembly
This Court taking into serious Consideration the many great and
signal Mercies of a Gracious God, bestowed upon a sinful! and Un-
deserving people, in sparing and proving of us one year more, notwith-
standing our manifold grievous Provocations, and wofuU backwardness
in improving his repeated Judgments unto a thorow Reformation,
specially, in that He hath continued our civil and sacred Liberties
thus far ; that He hath in an unexpected maner afforded us a plentifull
Harvest after several j^^ears of scarcity ; that He hath continued such
measures of Health among us, and prevented a contagious mortal Dis-
temper from breaking in upon us when it twice threatened us in the
sumer past ; that He hath so far given check to the Kage of our
Heathen Adversaries ; that He hath succeeded the Undertakings of our
Soveraign Lord the King and made Him the happy Instrument of an
honorable Peace after so many years of a consuming War ; that He
hath put it into his royal heart to engage in and strenuously to pursue
Reformation ; that under his conduct the three Kingdoms with the
Dispersions of them doe enjoy the free Liberty of the True Religion,
whilest the Faithfull in France, Piedmont, and other places, are suffer-
ing horrible Persecution for the Truth : Besides innumerable more
Kindnesses of our INIercifull God calling us to signalize our Gratitude
unto Him Therefore it is ,
Ordered, and this Court doth hereby Order & appoint that Tlmrsday
the fflfteenth of December next be kept as a Day of solemn Thanks-
giving through out this Province ; And that the INIinisters & People
address themselvs to this Heavenly Imployment in such a manner, as
that an acceptable Sacrifice of Praise may be offered to God through
Jesus Christ. And nil servile labour is hereby forbidden upon s'^ Dn,y,
Given at Boston the 18'.'' day of Novl IC.O.S. In y?- Tenth year of
his Ma'X' Reign. —
194 Province Laws (liesolves etc.). — 161)8, [Chap. 31.]
CHAPTER 31.
DRAUGHT OF AN HUMBLE REPRESENTATION AND ADDRESS TO THE
KING, RESPECTING THE CLAIMS OF THE FRENCH TO THE EXCLU-
SIVE RIGHT OF FISHERY ON THE COAST OF NOVA tjCOTIA, AND TO
THE EXTENSION OF THE BOUNDS OF ACADIA TO THE KENNE-
BEC RIVER; AND THE VOTE APPROVING OF SAID DRAUGHT AND
DIRECTING THAT IT BE TRANSCRIBED. SIGNED AND FORWARDED.
A REPRESENTATION AND ADDRESS uuto lus majesty, relating to the
pretensions made by tlie French to the sole right of fishing on the
coasts of Accadia or Nov^a Scotia, and to extend their bounds of that
country westward to the river of Kenuebeck, was drawn up, read,
and, —
Agreed, To be fairly transcribed and signed by his honour the
lieutenant-governour, the secretary and M""- Speaker, and then for-
warded by his majesty's ship, Deptford, now ready to sail for England.
\_Approve(l November 19.
To the Kings most Excellent Ma'f
The humble Representation and Address of the Lieu? Governour
and Comander in chief, Council & Assembly of your Ma'-^^ Province of
the Massachusetts Bay in New England —
Illustrious & dread Soveraign
Having been informed of y° Insults of the French in their un-
grounded & unreasonable pretensions and demand lately made to the
sole right and beuelit of Fishing in the high seas on the Coast of
Accadie or Nova Scotia, and parts adjacent. Forbidding 3'onr Ma'^'
Subjects to take any Fish upon those Banks at the peril of having
their Vessels and Ladeing seized and made prize of (some of which
have this last summer been interrupted by them in their s'- Imploy-
meut) ; Pretending also to extend their Boundaries of that Countrey a
considerable way westward into the main Land within tliis your jNIa'^'
Province as far as to y*" River of Kennebeck.
And having had before us the Representations already made on this
occasion by the Lieu- Governour & Comander in chief of this your
Ma^y' Province (in the vacancy of the General Assembly) unto the R'
Ilon^'.'^ the Lords Commissioners of the Council for Trade and Planta-
tions by them to be reported unto your Ma^.
We testify our approbation thereof, and, in duty unto jonv Ma'f
and faithfulness to the Trust reposed in us, We crave leave huml)ly
to subjoyne thereto & represent unto your Ma'? the sense we have how
much your Ma*-!' honour and Interests, as well as the peace and pros-
perity of your Ma'f' subjects within these your Territories (in so near
a Neighbourhood to y*" French) are concerned therein and how highly
necessary it is, in order to the preservation of both, vigorously to
assert the ancient and hitherto uncontroverted limits and extent of
this Your Ma'f^ Dominion and the undoubted right and priviledge of
Your Ma*:' subjects to fish in those Seas, as they have been used time
out of mind. For, should any Concessions be made unto the French
in their groundless pretexts and Claims as afores^ ; Many of your
Ma'^' good sul)jects would be ousted of their ancient Settlements &
possessions in that Countrey subdued and planted by their hard labour,
and at great Cost and Expence ; The Indians will be obliged to adhere
fnmly unto the French Interests, and upon all occasions be invading
and annoying of the English Plantations ; Y'our JNIa'^-will be deprived
of a supply of Naval stores, wherewith that Countrey do's so plenti-
[2d Sess.] Province Laws {Resolves etc.) . — 1698. 195-
fully abound (the other parts more westward being almost exhausted
thereof ) . And should your Ma'^' subjects be denied the beneDt of the
Fishery. Your Ma*^^ Revenue will be greatly endamaged thereby ;
Considerable quantitys of Bullion will be hindred from coming into
your Ma'y Kingdoms, Trade and Navigation much ruined, a multitude
of Family s cut off from the means of their subsistance, and a nursery
for the training up of seamen to serve in your Ma'f' Royal Navy will
be dissolved, and the consequences of the French obtaining their pre-
tensions will be so fatal, as probable to cause the utter Subvertion of a
great part of this Your Ma'^J' Province, which is more particularly set
forth in the Memorials accompanying the before mentioned Represen-
tation, over large to be here exprest
We most humbly pray That your Ma'f will be graciously pleased to
take the premisses under your Royal Consideration, and to give speedy
Check unto the bold Insolencies of the French by vindicating and
asserting your Ma*-';' just right and Title unto these your Dominions &
every part thereof, and by maintaining and defending your Ma'^" good
Subjects in the peaceable enjoyment and exercise of their ancient and
indubitable priviledge of Fishing in the seas oif the Coast of Accadie
or Nova Scotia and parts adjacent. And that your Ma'^' Sacred per-
son and Government may alwayes be under Divine Protection and the
benign Influences of Heaven Is also the most ardent and constant
prayer of Royal Sf
Your Ma*^' Loyal & dutiful subjects
Boston November 19'^ 1698 Signed. Wf Stoughton.
In the Name &, by Order of y- Council :
Is^ Addington Secry
In the Name & by order of the Assembly.
Na.th- Byfield Speaks
CHAPTEE 32.
DRAUGHT OF AN ADDRESS TO THE EARL OF BELLOMONT, TO URGE
HIS SPEEDY ASSUMPTION OF THE OFFICE OF GOVERNOR OF THE
PROVINCE, ETC., AND THE VOTE APPROVING OF SAID DRAUGHT.
An address from this court unto his excellency the earle of Bello-
mont, praying his lordships* to hasten his coming to the exercise of his
government within this province, so soon as his maj'^'- service will dis-
pence with his lord^'^- leaving the province of New Yorke, and the
season of the year admitt of his undertaking so long a journey,
being, —
Voted, In the house of representatives, and sent up, was read and
agreed unto. \_Approvecl November 22.
To his Excy Richard, Earle of Bellomont, Captain General and
Governo' in Chief of his Ma'^? Province of the Massachusetts Bay &c^
The Address of the L- Gov^ Council & Assembly of the s^ Province
Ri Hono*^"
The Beleife and well grounded assurance we have of enjoying great
happiness under your Excy? Adm*^''."' and good rule over his Ma'-^ Sub-
jects within this Province (whereto his Ma'7 has been graciously
* Sic.
190 Province Laws {Resolves etc.). — 1698. [Chaps. 33, 34.]
pleased to appoint you) makes us the more impatient that our hopes
are so long defered of yo- Lord^' comeingunto us ; which we have with
passionate desires expected more especially from the time of yo'
Lord"?' arrival so neer us.
We crave leave to renew our Applications That yo- Excy. will be
pleased to Favour this Province with your Presence so soon as his
Ma'y^ Service may dispense w'-^ yo- Excys. leaving the Province of New
yorke, and the Season of the year comfortably admit your undertaking
so long and diflScult a Journey. . Assuring yo- P^xcy. That we shall at
all times studiously apply our Selves to have all due reguard to the
promoting and advancem? of his Ma*?' Interests in the Good of his Sub-
jects which we are confident will be very agreeable to that innate
Loyal disposition wherewith yo^ Lord^ is so Enobled.
CHAPTEK 33.
VOTE OF THANKS TO JOHN NELSON FOR HIS SERVICES DURING THE
NEGOTIATION OF THE TREATY OF PEACE WITH FRANCE, IN ME-
MORIALIZING THE COUNCIL FOR TRADE AND PLANTATIONS IN
FAVOR OF THE PEOPLE OF THIS PROVINCE RELATIVE TO THEIR
RIGHT OF FISHERY AND THE BOUNDARIES OF ACADIE.
In the House of Representatives
This house haveing had the perusal of some memorials presented
By m'' John Nelson unto the Right Hon'^^''' the Lords Commission" of
the Council for trade and Plantations, at y^ time of the late treaty of
Peace w'J' france, in Favor of this Country, with Respect to the Secure-
ing unto his Maj*^.''' subjects here, the Previledge & Benifitt of Their
Fishery on the Coast of Accadie & Nova Scotia, and asserting of
the Antient Boundarys, Betwixt that Country (in y^ Possession of the
French) and this his Maj*v^ Territory ; are sensible of the good ser-
vice of the Said M"' Nelson on that occation, And move that the
thankes of this Court may be given him, for his Care & paines taken
therein ;
voted & sent up to the Hon"'?'" the L? Gouer? & Councill for their
Concurrauce
die ^dict. Read in Council and Voted in coneurrance w"' y*
Representatives. '[Passed November 22.
CHAPTER 34.
RESOLVE REFUSING THE PRAYER OF THE INHABITANTS OF SALEM
VILLAGE FOR THE APPOINTMENT OF A COMMITTEE TO SETTLE
THE BOUNDS BETWEEN SAID VILLAGE AND TOPSFIELD. [Passed
November 23.
\_Printed with resolves^ orders, etc., relating to the establishment, etc.,
of towns, etc.']
[2d Sess.j Pkovince Laws {Resolves tie). — 1008. I97
ClIAPTEK 35.
VOTE FOR GRANTING TllRKE HUNDRED ACRES OF VACANT LAND
TO WILLIAM IIABBERFIELD OF BOSTON AS A REWARD FOR HIS
INSTRUCTING MANY PERSONS IN THE ART OF CLOTII-WORKING.
\_Approved November 23.
[Pri'iitecl toith resolves^ orders^ etc., relating to the e.'itabUshment, etc.,
of iuwiis, etc.'\
OIIAPTER 30.
RESOLVE FOR ALLOWING TWELVE POUNDS PER ANNUM OUT OF THE
PROVINCE TREASURY, FOR TWO Y'EARS, TOWARDS THE MAINTE-
NANCE OF A MINISTER AT DUNSTABLE.
VroN Petition of the Inhabitants of Dunstable
Resolved That there be allowed to the s*^ Inhabitants out of the
Publick Treasury, Twelve pounds <jj Annum for two Years, towards
maintaining an Orthodox Minister setled among them \_Approved
November 24.
CHAPTER 37.
RESOLVE FOR ALLOWING TWENTY POUNDS OUT OF THE PROVINCE
TREASURY TOWARDS THE SUPPORT OF A MINISTER AT BROOK-
FIELD FOR ONE YEAR TO COMMENCE FROM THE TIME OF HIS
SETTLEMENT.
In answer to the petition of the inhabitants of Brookfield, —
Resolved, That there be twenty pounds paid out of the publick
treasury of this province, towards the support of an orthodox minister
for one year, to commence from the time of the settlement of such a
minister amongst them. [^Approved November 24.
CHAPTER 38.
RESOLVE FOR ALLOWING SIX POUNDS TO EBENEZER PROUT AS FULL
COMPENSATION FOR ALL HIS SERVICES AS CLERK OF THE HOUSE
OF REPRESENTATIVES.
Resolved That Mf Ebinezar Prout be allowed Six pound out of the
Publick Treasury of this Province, as a full compensation for all his
service In this House, as Clarke —
Novf 1 9"' 16'-^^ In the House of Representatives, And sent up for
Concurrence
Nov' 25*'^ Read in Council and Vot'? a concurrance w'-'' j% Repre-
sentatives. . [^Approved November 25.
198 PiioviNCE Laws (i^esoZ^es e^c). — 1G98. [Chaps. 39-41.]
CHAPTER 39.
ORDER APPOINTING A COMMITTEE AT THE EXPENSE OF THE PRO-
PRIETORS OF DARTMOUTH TO INQUIRE AND REPORT INTO THE
GRANTS OF THE ASSEMBLY, AND INDIAN PURCHASES, AFFECTING
THE BOUNDARY LINES BETWEEN DARTMOUTH, LITTLE COMPTON
AND TIVERTON, AND FOR NOTIFYING THE SELECTMEN OF LITTLE
COMPTON AND TIVERTON OF THE TIME AND PLACE OF THE
MEETING OF SAID COMMITTEE TO BE APPOINTED BY A MEMBER.
[^Approved November 25.
\^Printed with resolves, orders j etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 40.
RESOLVE FOR ALLOWING AND PAYING TWENTY-TWO POUNDS TO
BENJAMIN WRIGHT AND THIRTEEN OTHERS, RESIDENTS OF HAMP-
SHIRE COUNTY, FOR THEIR SERVtCES IN PURSUING THE INDIANS
AT THE TIME OF THE ATTACK UPON HATFIELD, IN JULY, 1698,
AND FOR KILLING AN INDIAN, AND RECOVERING CAPTIVES.
Resolved, That there be allowed and paid out of the public treasury
unto the several persons hereunder named, belonging unto the county
of Hampshire, for then- service in pursuit of the Indians, at the time of
their making an attack on the town of Hatfield, in July last, killing one
of the Indians, and recovering of the captives by them taken, the respec-
tive sums following ; viz'-, to Benjamin Wright, three pounds ; Benj"-
Stebbins, Jonathan Taylor, Thomas Wells, Benoni Moor, Ebenezer
Stebbins and Nathaniel Pomrov, forty shillings each ; Coi-poral Na-
thaniel Gillet, Benjamin King, .Jonathan Brooks, Samuel Root, Joseph
Pelty, Joseph Clessou and Henry Dwight, twenty shillings each ; in
the whole, twenty-two pounds. \_Approved November 29.
CHAPTER 41.
RESOLVE AND ORDER FOR ABATING HIS NEXT YEAR'S EXCISE TO
HENRY COOKERY OF CHARLESTOWN, ALEHOUSE -KEEPER, AND FOR
ALLOWING THE AMOUNT TO THE FARMER OF THE EXCISE.
Resolved and ordered, That Henry Cookery of Charlestown, alehouse-
keeper, in respect of sickness, being deprived of the use of his limbs,
and on other condition, be abated his excise upon his draught for the
year ensuing, and to be allowed unto the fermer. [^Approved Novem-
ber 29.
['2d Sess.] Province Laws {Resolves etc.). — 1698. 199
CHAPTER 42.
ORDER APPOINTING A COMMITTEE AT THE EXPENSE OF THOMAS
now OF MARLBOROUGH, PETITIONER, TO VIEW CERTAIN LAND
LYING BETWEEN THE BOUNDS OF MARLBOROUGH, SHERBURNE, AND
WOOLSON'S FARM, TO INQUIRE INTO THE CLAIM THERETO OF
JOSEPH ROBINSON, AN INDIAN, AND TO REPORT THEREON AT THE
NEXT SESSION OF THE ASSEMBLY. [Approved November 29.
\_Pnnted with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.'\
CHAPTER 43.
ORDER, ON THE PETITION OF THE SELECTMEN OF TISBUHY, DIRECT-
ING THE PROVINCE TREASURER TO ISSUE A WARRANT FOR COL-
LECTING TWELVE POUNDS ASSESSED ON SAID TOWN IN THE
PROVINCE TAX OF 1697, AND PAID BY THE PETITIONERS OUT OF
THEIR OWN ESTATE, THAT THE SAME BE PAID TO SAID SELECT-
MEN, TO REIMBURSE THEM.
In answer to the petition of John Eddy, John Pease and Sam"
Merry, selectmen of Tisbury, praying that they may be enabled, by
some act of this court, to recover twelve pounds of the town of
Tisbury, recovered from them of their own proper estate, to answer
the said town's proportion to the assessment of £6,000, 10., upon
polls and estates, granted in the year 1697, —
Ordered, That there be a warrant issued out from the treasurer to
the former constable, Joseph Dagget, for the gathering of the said
rate of twelve pounds, according to the assessment thereof akeady
made, and to pay the same to the s*^- selectmen, who shall also receive
twenty shillings more, to be paid them out of the town treasui-y, for
their charge and trouble. [^Approved November 29.
CHAPTER 44.
RESOLVE APPOINTING A COMMITTEE TO EXAMINE INTO THE QUANTITY
AND CIRCUMSTANCES OF THE TRACT OF LAND CALLED NASHOBA,
AND TO REPORT THEREON AT THE SESSION OF THE ASSEMBLY IN
MAY, 1699; AND FOR LAYING OUT IN SAID TRACT THE ONE THOU-
SAND* ACRES GRANTED TO SIR HENRY ASHURST. [Approved November
29.
[^Printed with resolves, orders, etc., relating to the establishment, etc.y
of towns, etc.']
* In both copies of the record this is erroneously written " one hundred."
200 FROvmcE LiAws (Besolves etc.) . — 1698. [Chaps. 45-47.]
CHAPTER 45.
RESOLVE FOB, ALLOWING TO ELISHA HUTCHINSON AND JOHN WAL-
LET FIVE POUNDS EACH, BESIDES THEIR EXPENSES, FOR THEIR
SERVICES AS COMMISSIONERS FOR FARMING THE EXCISE.
Resolved^ That Elisha Hutchinson and John Walley, Esq"-, be
allowed out of the publick treasury five pounds each (besides four
pounds and tenpence* and tenpence charges) , for their trouble and
service in farming out the excise, being specially impowred and com-
missioned thereto. [_Approved November 30.
CHAPTER 46.
VOTE FOR SENDING A VESSEL TO KENNEBEC RIVER TO PROCURE
THE SUBMISSION OF THE INDIANS AND TO TREAT AVITH THEM FOR
THE RECOVERY OF CAPTIVES, ETC.; ALSO TO CONVEY THITHER
THE INDIAN PRISONERS AT BOSTON, TO BE LIBERATED UPON THE
RELEASE OF WHITE CAPTIVES AND THE SUBMISSION OF THE IN-
DIANS TO THE CROWN.
Proposed, That a suitable Vessell be forthwith taken up for his
Ma'.' Service. And that John Phillips Esq'' and Maj"" Ja. Converse be
desired to undertake a Voyage in such Vessell unto Kennebeck River
to Endeavour Speech with the Indians of that River and parts adja-
cent, and to Negotiate with them for the recovery of our Captives in
their hands and to bring tliem to a new Recognition of their Submis-
sion and Obedience unto the Crown of England, agreeable to Instruc-
tions to be given unto the s"^ Commissioners by the Commander in
Chief with the advice of the Council. And that Bombazeen and the
two other Indians in Prison be sent in the Same Vessell ; and kept
safely until such Submition be made and all our Captives be delivered,
and then the s'? Indians to be set at liberty. Past in Council and sent
down for concurrance. Nov' ult. 1698-/.
voted In y*^ house of Representatiues a Concurrance \_Passed No-
vember 30.
CHAPTER 47.
RESOLVE FOR ALLOWING EIGHTEEN POUNDS NINE SHILLINGS AND
ONE PENNY TO CALEB RAY, KEEPER OF THE GAOL IN BOSTON,
IN FULL OF HIS ACCOUNT FOR KEEPING THE INDIAN PRISONERS
FROM JUNE 3 TO NOVEMBER 18, 1698.
itesolved. That Caleb Ray, keeper of his maj"^'"- goal in Boston, be
allowed out of the public treasury the sum of eighteen pounds nine
shillings and one penny, in full of his accompt for keeping of the In-
dian prisoners from the 3^ of June to the 18"^ of November last past.
\_Approved December 1.
* Sic.
[2d Sess.] Province Laws {Resolves etc.). — 1698. 201
CHAPTEK 48.
ORDER FOR ALLOWING FORTY POUNDS TO JOSEPH IIAWLEY AND
JOSEPH PARSONS FOR THEIR SERVICES AND THE EXPENSES OF
THEMSELVES AND THEIR ESCORT IN A JOURNEY TO ALBANY IN
THE SERVICE OF THE PROVINCE.
Ordered That My Joseph Hawley «& Mf Joseph Parsons be allowecl
out of the Publick Treasury of this Province thirty three pound twelve
shillings for their and y'' compunics expense, and six pound eight shil-
lings for their trouble In journying to Albany \_Approved Decem-
ber 1 .
CHAPTER 49.
ORDER FOR PAYING THIRTY POUNDS TO CAPTAIN TIMOTHY CLARKE
AS FULL COMPENSATION FOR HIS SERVICES AT THE FORT IN
BOSTON FROM THE DATE OF HIS COMMISSION TO THE PROCLA-
MATION OF PEACE, ETC,
Ordered That Capf Timt Clarke shall receive Fivety pound out of
the Publick Treasury of this Province as a full compensation for his
trouble and expence in looking after the Fort of Boston from y^ time
of the date of his Comission rec"? from his Honf the L- Govf to the pub-
lication of the peace ; the same not to be a president for the future
Nov^ 30"' lOi^^ In the House of Representatives and sent up for
Concurrence
die ^dict /. Read In Council & voted for the allowance of Thirty
pounds provided it be for the whole time of Service & Expence
^m". Uecembr. voted a Concurrance [^Approved December 1.
CHAPTER 50.
RESOLVE FOR PAYING ONE HUNDRED POUNDS TO JOHN NELSON FOR
HIS SERVICES IN GETTING TOGETHER THE FRENCH PRISONERS
AND REDEEMING THE CAPTIVES, ETC.
In order to the Reimburseing of M' John Nelson y* money ex-
pended by him in Getting the French Prisoners, & Redeem eing the
Captiues, and other his Good Service for this his Maj^'f' Province
Resolued that there be one hundred pounds in money paid unto the
said Mr John Nelson out of the Publick Treasury of this Province.
{Approved December 3.
202 Province h Aws (liesolves etc.). — 1698. [Chaps. 51-54.]
CHAPTER 51.
ORDER FOR ALLOWING TO INCREASE MATHER, PRESIDENT OF HAR-
VARD COLLEGE AT CAMBRIDGE, A SALARY OF TWO HUNDRED
POUNDS PER ANNUM, ETC., AS AN ENCOURAGEMENT FOR HIS RE-
MOVAL THITHER.
Upon consideration of the state of the colledge, and for encour-
agement unto the Reverend M""- Increase Mather, presid'-, to remove
and take up his residence there, —
Ordered, That the said president have a salary of two hundred
pounds money, per annum, allowed him out of the public treasury,
from the time of his removal, during his residence at the colledge.
\_Approved December 7.
CHAPTER 52.
ORDER REFERRING TO THE NEXT SESSION OF THE GENERAL COURT
THE PETITION OF THE SELECTMEN OF BOXFORD PRAYING THAT
THE FARMS OF ENDICOTT AND GOULD MAY BE THERE ASSESSED
FOR MINISTERIAL RATES AND OTHER CHARGES, AND PROVIDING
THAT THE TOWN OF TOPSFIELD BE NOTIFIED THEREOF. [Approved
December 7.
[^Printed with resolves, orders, etc., relating to the estahlishment , etc.,
of towns, etc.']
CHAPTER 53.
ORDER FOR ALLOWING FIFTEEN POUNDS OUT OF THE PROVINCE
TREASURY, TO THE INHABITANTS OF BERWICK, TOWARDS THE
MAINTENANCE OF THE MINISTRY THERE FOR ONE YEAR BEGIN-
NING SEPTEMBER, 1698.
Ordered That the Inhabitants of Berwick be allowed fiveteen pound
out of the Publick. Treasury of this Province, to be imployed towards
the maintenance of their ministry for this year beginning In Sept[ last
\_Approved December 7.
CHAPTER 54.
RESOLVE FOR PAYING ELEVEN POUNDS TWELVE SHILLINGS AND
SIXPENCE TO JOHN WOODCOCK OF ATTLEBOROUGH, INNKEEPER,
FOR ENTERTAINING CAPTAIN THOMAS PRENTIS AND HIS TROOP
ON THEIR JOURNEY TO AND FROM BRISTOL IN THE YEAR 1689.
Resolved — That M' John "Woodcock be paid the Eleven pound
twelve shillings and six pence petitioned for Out of the Publick Treas-
ury of this Province \^Approved December 7.
[2d Sess.] Viioyi^cE. Lw^ti {liesolves elc). — 1(J98. 'AOo
CHAPTER 55.
RESOLVE DECLARING THAT THE CLAIM OF THOMAS HINCKLEY
AClAINtiT THE PKOPllIETOllS OF LANDS IN SECONET IS A MATTER
PROPER FOR THE JUDICIAL COURTS, AND THAT THERE BE NO
FURI'IIER HEARING ON HIS PETITION PRAYING THAT TWO HUN-
DRED ACRES OF LAND NEAR SAID PLACE MAY BE LAID OUT TO
HIM ACCORDING TO A FORMER GRANT.* [Passed December &.
'[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, ete.]
CHAPTER 56.
ORDER FOR GRANTING TEN POUNDS TO THE REVEREND JOHN
ROGERS FOR HIS SERVICES AS CHAPLAIN TO THE COMMITTEE
APPOINTED TO WAIT UPON THE EARL OF BELLOMONT AT NEW
YORK.
Whereas the reverend Mf John Rogers did goe in the quality of a
Chaplain w"' Wait Wiuthrop, Elisha Cooke & Penn Townsend Esq'^sto
New Yorke, In their late Journey thither, in the service of this
Province
Ordered That the said Mf John Rogers do receive for his good ser-
vice therein Out of the Publick Treasury of this Province Tenn pounds
money — \_Approved December 8.
CHAPTER 57.
ORDER FOR ALLOWING AND PAYING FORTY POUNDS, EACH, TO
THOMAS DANFORTH, WAIT WINTHROP, ELISHA COOKE, AND SAM-
UEL SEW ALL, JUSTICES OF THE SUPERIOR COURT, ETC., FOR THEIR
SERVICES FOR ONE YEAR ENDING DECEMBER, 1698.
Ordered, That thei*e be allowed and paid out of y'' Publick Treasury
of this Province, to the Honourable Thomas Danford, Wait Wiuthrop
Elisha Cooke & Samuel Sewall Esq- Justices of the Sup!" Court of
Judicature for their service therein Fourty pounds to each of y'" as
their Sallary for the last year, [Approved December 10.
* See a7Ue, order, chapter 8.
20J: FiioymcE liAVfs (liesolves etc.) . — 1G98. [Chaps. 58-61. J
CHAPTER 58.
RESOLVE FOR ALLOWING EIGHTY POUNDS TO ISAAC ADDINGTON,
SECRETARY OF THE PROVINCE, FOR HIS EXTRAORDINARY SER-
VICES IN THE YEAR 1697-8.
Resolved^ That M""- Isaac Addington, secry, in consideration of his
extraordinary service, be allowed and paid out of the publicly treasury
of this province eighty pounds money for this year. \_Ax)proved De-
cember 10.
CHAPTEK 59.
ORDER FOR PAYING TWO HUNDRED POUNDS TO JOHN AV ALLEY FOR
HIS SERVICES AS COMMISSIONER OF WAR AND ON DEBENTURES,
FROM THE SIXTH DAY OF APRIL, 1697, TO THE FIRST DAY OF
MARCH, 1698-9, AND AS COMMISSIONER OF IMPOST, FROM JUNE 27
TO THE SAME DATE, UPON HIS MAKING UP HIS ACCOUNTS, ETC.
Ordered That Maj- John Walley, On consideration of Iiis service as
Commiss"' of the "Warr & debentures from tlie sixtli of April 16'J7 to
the first of March next And for Coiilissioner of the Impost from
June 27"' to March 1^ upon making up his Acco"* In all those stations,
That there be paid him out of the Publick Treasy of this Province
Two hundred pounds — \_Approved December 10.
CHAPTER GO.
RESOLVE FOR ALLOWING AND PAYING FORTY POUNDS TO EPHRAIM
SAVAGE FOR HIS SERVICES AS COMMISSIONER OF DEBENTURES,
FROM JULY, 1697 UNTIL ALL SOLDIERS ABOUT TO BE DISBANDED
RECEIVE THEIR DEBENTURES.
Resolved That Cap' Ephraim Savage be allowed and paid fourty
])ounds, for his care and trouble, as Comissioner of Debent? from July
l(j'.^7 till such time as all the Sould" now to be disbanded have deben-
tures given them \_Approved December 10.
CHAPTER 61.
ORDER FOR ALLOWING EIGHTEEN POUNDS TO CYPRIAN SOUTHACK
FOR HIS SERVICE TO THE PROVINCE AND FOR THE PLAN PRE-
SENTED BY HIM TO THE ASSEMBLY, TO BE EXPENDED IN THE
PURCHASE OF A PIECE OF PLATE FOR HIMSELF.
Ordered That Cap? Syprian Southark for his good service to this
Province : and the draught presented to this Court, be allowed eighteen
pounds (to buy liim a peece of plate,) out of y" Publick Treasury of
this Province — \_Axj2yr0ved December 10.
[2d Sess.] Province Laws {Resolves etc.). — 1698. 205
CHAPTER 62.
ORDER FOR ALLOWING TWELVE POUNDS TEN SHILLINGS TO ADDING-
TON DAVENPORT, FORMERLY CLERK OF THE HOUSE OF REPRE-
SENTATIVES, UPON HIS FINISHING THE WORK OF THE FORMER
SESSIONS.
Ordered That Addington Davenport the former Clarke of this
House upon his finishing the worlce of the former sessions, be paid
Twelve pound tenn shillings out of the Publick Treasury of this
Province
Decf 9* 1698 In the House of Representatives And sent up for
Concurrence
Dec^ 10* 1698. Read in Council and Voted a concurrance \_Ap-
proved December 10.
CHAPTER 63.
ORDER FOR ALLOWING TWELVE POUNDS TEN SHILLINGS TO WILLIAM
PAYNE, CLERK OF THE HOUSE OF REPRESENTATIVES, FOR HIS
SERVICES UNTIL MARCH, 1698-9.
Ordered That W™ Payne the present Clarke be allowed and paid Out
of the Publick Treasury of this Province Twelve pound tenn shillings
for his service till March next \_Approved December 10.
CHAPTER 64.
ORDER FOR ALLOWING AND PAYING FIFTEEN POUNDS TO JAMES
MAXWELL FOR HIS SERVICES AS DOORKEEPER TO THE COUNCIL
AND REPRESENTATIVES FOR SIX MONTHS, FROM JUNE 8, 1698.
Ordered That James Maxwel for his care & service, In attendance
on this Court, the last halfe year, be paid, out of the Province
Treasury, fiveteen pound. [^Approved December 10.
CHAPTER 65.
ORDER FOR ALLOWING TWO POUNDS TO HENRY EMMES, MESSENGER
OF THE HOUSE OF REPRESENTATIVES, FOR HIS SERVICES IN THAT
OFFICE.
Ordered That Henry Emes Baker be paid Two pounds out of y*
Publick Treasury of this Province, for his service done for this House
Dec"" 9* 1698 in the house of Representatives And sent up for
Concurrence
Read in Council and Vof* a concurrance \_Approved December 10.
206 Fro\inck'Laws {Hesolves etc.). — 1698. [Chaps. 66-68.]
CHAPTEE 66.
RESOLVE FOR PAYING TO SUNDRY PERSONS THE VALUE OF UNEN-
DORSED BILLS OF PUBLIC CREDIT BROUGHT INTO THE TREASURY
BY THEM.
Resolved, That six pounds seven shillings in unendorst bills of
credit, laid before this court, by M''- Treasurer five pound seventeen
shillings, and M""- Atkinson ten shillings, be made good to the persons
to whom they do belong. \_Approved December 10.
CHAPTER 67.
RESOLVE FOR PAYING FOUR POUNDS TWO SHILLINGS AND THREE-
PENCE TO TWO INDIANS OF DARTMOUTH FOR THEIR SERVICES AS
SOLDIERS IN THE YEAR 1396.
Upon reading the petition of Seth Pope of Dartmouth, on behalf of
Sam. Quabiscom aP- Sara Nopye and Job Penwatcheage, two Indians,
belonging to said Dartmouth, employed as souldiers in his maj"^'^- service
in the year 1696, praying that payment may be ordered of two pounds
four shillings and fourpence to the s''- Sam. Nopye, and one pounds
seventeen shillings and eleven pence to the said Job Penwatcheage,
which sums are due unto y™- respectively for their said service, —
Resolved, That the s*^- Sam. Quabiscom aP- Nopye and the s"^- Job
Penwatcheage be paid out of the public treasury the respective sums
before mentioned. \_Approved December 10.
CHAPTER 68.
RESOLVE ON THE PETITION OF SETH PERRY AND SAMPSON MOORE,
CREDITORS OF ANN THE WIFE OF WILLIAM ESSETT, DECEASED,
FOR AUTHORITY TO SELL HER HOUSE AND LAND IN BOSTON,
REFERRING THE PETITIONERS TO THE SUPERIOR COURT OF JUDI-
CATURE.
Upon reading the petition of Seth Perry and Sampson Moored (in
right of his wife) , two of the chief creditors to the estate left by the wife
of William Essett, deceed, praying that some meet person may be author-
ized and empowered to make sale of the house and laud in Boston left
by the said Essett, for the payment of the debts due to the petitioners
and other her creditors, contracted in a long and tedious sickness, —
Resolved, That the petitioners be referred to the law of this prov-
ince, that provide in that case ; viz'-, that application be made to the
superiour com't of judicature. \_Approved December 10.
[2d Sess.] Province Laws {Resolves eic). — 1698. 207
C HATTER GO.
RESOLVE FOR ALLOWING A DRAWIJACK ON RUM AND WINE
SHIPPED BY PENN TOWNSEND AND ANDREW nELClIER, THE CER-
TIFICATES OF PAYMENT OF ENTRY DUES ON THE SAME BEING
LOST
Upon rf.ading the petition of Penn Townscnd and Andrew Belcher,
in behalf of themselves and others, setting forth that whereas they
have shipt off some quantity of rhum and wine which hath paid the
whole entry, but the certificates that were endorsed being lost, eithe*
by the oflicer or themselves, so that they loose the benefit of the draw-
back, praying that the same being by oath or otherwise made to appear
to the commissioner, he may be ordered to allow the drawback of the
same, —
Besolved, That the commissioner be and hereby is directed to allow
the drawback as petitioned for. \^Approved December 10.
CHAPTER 70.
ORDER DIRECTING THE PROVINCE TREASURER, UPON EXAMINA-
TION OF VOUCHERS, ETC., TO PAY ACCORDING TO THE CUSTOMARY
RULE, UNTIL FURTHER ORDER THE SEVERAL CAPTAINS OF THE
FORTS, AND OF THE PROVINCE GALLEY, AND ALL SEAMEN AND
SOLDIERS IN THE SERVICE OF THE PROVINCE.
Ordered That from and after the first of March rwext The Treasurer
of this Province upon receiving and examining the certificates of the
several Captains of the Castle, Saco ffort, Province Gaily, seamen &
all other souldiers that may be imployed in the service of this Prov-
ince ; and finding the same to.be right, shall pay them (according to
the rules accustomed) out of the Province Treasury : untill this Court
shall take further care about it \_Approved December 10.
VOTES, ORDERS,
DRAUGHT OF AN ADDRESS,
RESOLVES, ETC.,
Passed 1699-1700.
[2(]»J
LEGISLATIVE LIST
FOR
I 69 9- t 700.
IIis Excellency RICHARD, EARL OF liELLOMONT,*
captain-genkralf and governor-in-chief in and over the province of the
Massachusetts Bay, and the king's Lieutenant and Commander-in-chief
OF the militia and of all the forces by sea and land within the colo-
nies OF Connecticut, Rhode-Island, Providence Plantation, the Narra-
GANSETT Country]; or King's Province, in New England, and of all forts
AND places of STRENGTH WITHIN THE SAME.
WILLIAM STOUGHTON, Esq.,
Lieutenant- or Deputy-Governor, etc.§
ISAAC ADDINGTON, Esq.,
secretary of thb province.
COUNCILLORS OR ASSISTANTS. ||
Of the inhabitants of, or proprietors of lands vnthin the territory formerly called
the Colony of the Massachusetts Bay : —
"William Stoughton, Esq., William Browne, Esq.,
Thomas Danforth, Esq., John Phillips, Esq.,
John Pynchon, Esq., Jonathan Corwin, Esq.,
* A report of the appointment of Bellomont to ths office of governor readied Boston as early as 1G9.5. —
See Sewall's Diary nnder date of Aug. 2.5 and Sept. 20, that year; vol. I., pp. 411, 413. His commission
bears date June IS, 1697; and his instructions were prepared the thirty-first of August, following. He
arrived off Sandy Hook, on his way to his government in New York, April 1, 1698, and was "received
magnificently," in the city on the following day. He reached Boston on the twenty-sixth of May, 1699,
and on that day took the official oaths and subscribed the association, his commission having been first
duly read and published. By his direction the Lieutenant-Governor administered the official oaths to the
members of the Council, and the representatives were sworn by four members of the Council, including
the Secretary, appointed for that purpose by the Governor.
t This is his title in his commission; but in his instructions he is styled king's lieutenant. The title
assumed by him in his first proclamation was " Captain-General and Governor-in-chief of his majesty's
provinces of the Massachusetts Bay, New York, etc., and of the territories thereon depending, and Vice-
Admiral of the same."
X By the thirtieth claxise of his instructions it was directed that, in time of peace, the militia of Con-
necticut, Rhode Island, etc., be left to their respective governors.
^ For the full title see pp. 5, 71, ante, and notes. The Governor's commission conferred authority
upon the Lieutenant-Governor, in the following words : " We do hereby give and grant .... in your
absence, to our Lieutenant-Governor or Commander-in-chief of our Province of the Massachusetts Bay, all
and every the like powers as in these presents are before granted and' recited for the ruling, etc." This
clause is the only commission to the Lieutenant-Governor that has been discovered.
II All the councillors except Appleton appeared and were sworn on the first day of June, the oaths
being administered by the Lieutennnt-Governor. The latter, and Councillor Appleton were sworn before
the Governor, on the dav following.
[211]
212 Province Laws {Resolves, etc.). — 1G99-1700. [Representatives.]
Wait Winthrop, Esq.,
James Russell, Esq.,
Elisha Cooke, Esq.,
John Hatdokne, Esq.,
Elisha Hutchinson, Esq.,
Samuel Sewall, P2sq.,
Isaac Addtngton, Esq.,
John Foster, Esq.,
Peter Sergeant, Esq.,
John Wallet, Esq.,
Daniel Peirce, Esq.,
Penn Townsend, Esq.,
John Appleton, Esq.
Of the inhabitants of, or proprietors of, lands vnthin the territory formerhj called
New Ph/month : —
Barnabas Lothrop, Esq., Nathaniel Thomas, Esq.,
John Thacher, Esq., John Saffin, Esq.-,
Nathaniel Byfield, Esq.
Of the inliahitants of or proprietors of, land within the territory formerly called
the Province of Maine : —
Samuel Wheelwright, Esq., Eliakim Hutchinson, Esq.,
Joseph Hammond, Esq.
Of the inhabitants of, or proprietors of, land within the territory lying between the
river of Sagadahoc and Nova Scotia : —
Joseph Lynde, Esq.
REPRESENTATIVES or DEPUTIES.*
3Iay 31, 1699 to April 16, 1700.
Maj. JAMES CONVERSE, Speaker.
Boston,
Roxbury,
Dorchester,
Milton,
Braintree,
yVeymouth,
Hingham,
Dcdham,
Medfield,
County of Suffolk.
John Eyre, Esq.,
Mr. Theopliilus Frary,f
Capt. Andrew Belcher,
Mr. John White
Mr. Samuel Rugglcs.
Capt. Samuel Clap.
Mr Thomas Vose.
Mr. John Baxter.
Mr. John Rogers.
Mr. William Hearsey.J
Mr. Daniel Fisher.
Mr. Benjamin Clarke. §
County of Hampshire.
Springfield, Lieut. John Hitchcock. ||
Northampton, Mr. John Hawley.^f
County of Hampshire — Concluded.
Hadley, Mr. Thomas Ilovey.
Hatfield, Capt. Samuel Partrigg.
Westficld, Mr. Samuel Root.
County of Barnstable.
Barnstable, Mr. John Otis.
Sandwich, Capt. William Bassott.**
Yarmouth, Mr. Thomas Sturgis.
Ed.'ilham, Ca^jt. Jonathan Sparrow.
County of Bristol.
Bristol, Mr. Ebeuezer Brenton.
Swanzey, Mr. Joseph Kent.
Taunton, Capt. Thomas Leonard.
Rehoboth, Mr. John Hunt.
Little ComjUon, Mr. John Woodman.
* The qualifying oaths subscribed by the representatives this year are missing from the archives, and
thus one important test of the accuracy of this list is wanting.
t " Frarey," in the Secretary's list.
X " Hersey," in the town records.
§ "Clarke," in the Secretaiy's list.
II " Lieutenant " in the town records, but " Mr.," in the Secretary's list.
K Sic, in the Secretary's list ; probably an error for Joseph. See list of 1G98.
** "Basset," in the Secretary's list.
[Kei'kesentatives.] PiioviNCE Laws (Resolves, etc.). — lC)\)'J-n00.21S
County of Essex.
Salem, Benjamin Browne, Esq ,*
Ml-. Josiah Wolcot.f
Ipswich, Maj. Francis Wainwrij^ht,
Mr, Samuel Appleton.
Neivbury, Maj. Thomas Noyes.
Lynn, Capt. John BuiTill, jun.J
Marblchead, Capt. AVilliam Dodge.
Beverly, Mr. Samuel Balch.
Wenham, Mr. John Newman,
Ttoivley, Capt. Daniel Wieom,
Aiidovcr, Col. Dudk^y Bradstreet.
Haverhill, Mr. Richard Salton,stall.§
Bradford, Capt. David Ilaseltine ||
Topsfield, Quartermaster Tobijah Per-
kins-lf
Boxford, Mr. John Pebody.**
Oloucesler, Capt. James Davis.
Salisbury, Lieut Nathaniel Bi'own.f f
Amesbury, Capt, Tliomas Harvey. J J
County of Middlesex.
Charleslown,
Cambridge,
Newton,
Water town.
Mr. Samuel Phipps,§§
Mr, Jacob Greene,jun ||||
Mr. John Leverett,11*|f
Capt. Isaac Williams.
Capt. Benjamin Gearfield,
senior ***
COUNTT
Sudbury,
Marlborough,
Groton,
Concord,
Chelmsjord,
Billerica,
Woburn,
Reading,
Medford,
Maiden,
Sherburne,
OF M\ti-Di,Eiit.Ti.— Concluded.
Mr. Peter King,
Mr. Samuel Brigham.fft
Capt. Jonas Prescott JJ J
Lieut. Jonathan Prescott §§§
Mr. Nathaniel Hill.
Mr. Joseph Tompson.
Maj, James Convers, jun
Lieut Ilananiah Parker §§§
Lieut. Peter Tufts. §
Mr. Isaac Hill
Capt. Joseph Morse.
County of Youk.
Kittery, Mr. Joshua Downing.
Wells, Mr. John Wheelwright.
York, Lieut. Abraham Preble, sen-
County of Plymouth.
Plymouth, Mr. Natiianiel Thomas, jun-
I /^1» T* T" t' T-
Scituate, Mr. Samuel Clap,
Marshfield, Mr. Isaac Little,
Bridgewater, Mr. Josiah Edson,
JOHN WHITE, Clerk.
JAMES MAXWELL, Doorkeeper and Messenger to the Governor and
Council and to the General Assembly.
* " Brown," in the Secretary's list.
+ " Woolcot," in the Secretary's list. •
X " Capt. John Bnrill," in the Secretary's list; but " John Burrill, jun.," in the town records.
^ " Saltonstal," in the Secretary's list.
II " Hazeltine," in the Secretarj''s list.
It " Quartermaster," in the town records, but " Mr.," in the Secretary's list. Sec notes to this name in
legislative lists for 1695-6 and 1697.
** "Peabody," in the Secretary's list.
ft " Lieutenant," in the town records, but " Mr.," and " Browne," in the Secretary's list.
XX From the town records; but " Ilowse," in the Secretary's list.
^^ " Phips," in the Secretary's list.
nil " Green," in the Secretary's list.
1111 " Leveret," in the Secretary's list.
*** " Gartield," in the Secretary's list, and without the " senior."
ttt " Bridgehani," in the Secretary's li.st.
+++ "Prescot," in the Secretary's list; but "Prescott," in the town records.
^^sS^ " Lieutenant," in the town records, but " Mr.," in the Secretary's list.
II II II From the town records ; but " Converse," in the Secretary's list.
• HHH From the town records ; but not in the Secretary's list. *
««** " Junior," in the town records.
VOTE, ORDERS, ADDRESS, RESOLVES, ETC.
Passed at the Session begun and held at Boston,
ON THE Thirty-first day of May, A.D. 1699.
CHAPTER 1.
VOTE FOR APPOINTING A COMMITTEE TO PREPARE THE DRAUGHT
OF AN ADDRESS TO THE KING, PROFESSING ALLEGIANCE, ETC.
His excellency proposed to the board that an address be made by
this court unto his maj'^-, recognizing their duty and allegiance unto
his sacred person and governm'-, which was agreed upon ; and Nathan-
iel Byfield, Esq""-, sent unto the assembly to make them acquainted
therewith and to have their eoncurrance therein, —
The house of representatives signifying their eoncurrance with this
board in addressing of his maj'-^-, Elisha Cooke, Elisha Hutchinson,
Samuel Sewall, Nath"- Thomas, Nathaniel Byfield, Esq''*-, with the
secretary, were nominated and appointed a coinittee to joine with a
comittec of the assembly,* to prepare a draught of an address accord-
ingly. [^Passed June 3.
CHAPTER 2.
ORDER FOR REPRINTING THE LAWS, ETC., AND FOR APPOINTING A
COMMITTEE TO SUPERINTEND THE WORK.
Ordered^ That the laws of this province now standing in force be
reprinted, and that the laws referring to taxes and other laws expired,
repealed and annulled, be left out of the impression, and that John
Eyre, Esq''-, M''- John Leverett and M""- John White, joine with such of
the council as shall be appointed a coihittee for directing that affair ;
which order, being read at the board, was concurred with, and Elisha
Cooke, Samuel Sewall, Esq'''-, and the secretary, were appointed a
committee with the gentlemen in the s''- order named, to oversee and
direct a new impression to be made of the s"^- laws. \_Ap2:)rooed June 7.
*Tlie loss of the early House Journals leaves no evidence as to who were joined on this
coniinittee, yet it is certain that the committee was completed and made a report. See
chapter '6, post.
[215]
216 Province Laws {Reaolves etc.). — 1699-1700. [Chap. 3.]
CHAPTER 3.
DRAUGHT OF AN ADDRESS TO KING WILLIAM, PROFESSING ALLEGI-
ANCE, ETC., AND THE RESOLVE DIRECTING THAT IT BE EN-
GROSSED, SIGNED AND FORWARDED TO BE PRESENTED TO THE
KING IN PERSON, AND THANKING THE LORD HIGH CHANCELLOR
FOR PROCURING AN AUDIENCE FOR THE BEARER.
liesolvecl, That y** within Address be fairly Engros't Signed, and for-
warded with a Letter unto Sf Hen : Ashhurst by him to be presented unto
his Maj'-'' being introduced by the Lord high Chancellor of England
And that a Letter be written unto his Lord"? in thankful acknowl-
edgem' of his LordP^ Favour to and Services done for this Province
and to pray his Lord'.' to honour this Province by introduceing S^ II.
Ashhurs't unto his Maj'-^- with the Address : \^Fassed June 15.
To the Kings Most Excellent Majesty
Dread Sovereigne,
The Humble Address of the Council & Representatives of yo'.
j^jg^ties Pi'ovince of the Massachusetts Bay in New-England convened in
General Assembly. It would be Unpardonable Ingratitude, If our
present Acclamations of Joy Should not Eccho our Sincerest Acknowl-
edgments unto the Regions from whence the Occasions of them have
d-erived. Wee therefore your Maj'y^ most dutyfull & Loyall Subjects
First with hearts replete with Gratitude and Devotion humbly Adore
the Goodness of Almighty God, in whose hands are the hearts of all
Kings, who hath Inspired your Royall breast with the defusive Cares
and reguards for even your remotest Subjects in the most distant
parts of 5'Our Maj*^^ Dominions.
And Next wee humbly beg leave to prostrate at your Ro^^all feet
this tender & testimony of our Most hearty thanks and acknowledgm"
for the Expressions of your Maj'^'^ Peculiar Care of & Princely favour
to this your Province of the Massachusets Bay in New England, in
Consigning the Governm' of your Maj*y' s*^ Province into the hands of
the Earle of Bellomont, who under the auspicious Care and Conduct of
the divine Providence is arrived therto.
Wee cannot but admii-e as well as acknowledge Your Maj'T^ Speciall
Grace in honouring this Remote Province by placeing over it So Noble
a Person ; his Lordsti'.' being not onely Ennobled by the beams of your
Maj'?' favour, but also rendred Illustrious by those Great and Ileroick
Vertues Contracted in his Lordsfif moving long in a Circle So near
your Maj'-" own brightness.
Great S^' Wee shall onely Add to our Acknowledgm'f of this your
Maj'y^ Inexpressible goodness, our huml)le and Unfeigned protesta-
tions of an Inviolable Loyalty, and Earnest prayers That the Same
Almighty God who hath made your JNIaj';^ the restorer of Brittaina
Glory and Europes Repose, and the true Defender of y'' Protestant
ffaith, would Establish your Earthly Throne in Righteousness peace and
Safety, and late translate your Majl^ to an Eternall one in the King-
dome of blessedness & Glory. —
Your Ma'-l' Loyal & dutiful Subjects.
[1st 8ess.] Pi:ovince IjXWH {Bc^olves etc.). — 1(J'J*J-17()0. 217
CIIAPTEK 4.
RESOLVE FOR ALLOWING AND PAYING THREE HUNDRED POUNDS
TO WILLIAM STOUGHTON FOR HIS SERVICES AS LIEUTENANT-
GOVERNOR IN THE YEAR 1698-9.
lieiiolved, Tiiat the sum of three hundred pounds be and licreby is
granted to be paid to tlie Hon'"'"- William Stonghton, Ksq""-, out of his
majestie's treasury of this province, for his service the last year as
lieut"'--governour, etc., of this province. [_Approvecl Jaly 11.
CHAPTER 5.
RESOLVE FOR CONFIRMING THE ALLOWANCE OF TWO HUNDtlED
POUNDS TO JOHN WALLEY BY THE ORDER OF THE YEAR 169S,
CHAPTER 59, AND REQUESTING THAT A WARRANT THEREFOR MAY
BE DRAWN UPON THE TREASURY.
Whereas, The general assembly, at their session begun the 15"' day
of November, 161)8, granted unto John Walley, Esq''-, the sum of two
hundred pounds for his service as coihissiouer for impost, one of the
committee for debentures and coiuissioners for warr, to the P' day of
March then next following, to be paid unto him upon his making up
his acc"^-, which accompts having been presented to the house of repre-
sentatives and examined and approved by y'"-, —
Resolved, That the s*'- grant of two hundred pounds take effect, and
ihat his ex'^y- the governour be desired with the advice and consent of
the council to issue forth his warrant to the treasurer accordingly, for
payment of the same. \_Approved Juhj 11.
CHAPTER 6.
RESOLVE FOR APPROVING AND ALLOWING THE PROVINCE TREAS-
URER'S ACCOUNTS FROM MAY 30, 1G98, TO MAY 31, 1699.
The accompts of M""- James Taylor, treasurer and receiver-general
of this province, beginning the 30"' day of May, 1G98, and continued
unto the 31" day of May, 1G!J9, amounting unto the sum of twenty-
one thousand two hundred and two pounds two shillings and sixpence,
having been presented and laid before the house of representatives and
inspected by s''- house, by which it appears there was standing out on
the s''- 31" of May, of the several assessments, three thousand nine
hundred thirty-nine pounds five shillings and eleven pence ; and in the
hands of the formers of the duty's of excise, four hundred twenty-two
pounds ten shillings ; as also of the dutys of impost, etc. (as by ac-
compt rec*^- from John Walley, Esq''-, late coinissioner), four hundred
forty pounds thirteen shillings and sixpence ; likewise of the dutys of
impost (as by accompt received from M''- Will'"- Pain, late coinis-
siouer) , twelve barrels and 9^- of powder at 1 2*'- per lb. is sixty pounds
218 Province Laws (Besolves etc.). — 16dd-17 00. [Chaps. 7-9.]
*
nine shill^-, all to be drawn into the treasury and further to be ac-
compted for, —
Resolved, That the s^- accompts, in the several articles of receipts and
payments therein mentioned, amounting unto sixteen thousand three
hundred thirty-nioe pounds four shillings and one penuy, be and hereby
are approved and allowed of, and the s*^- treasurer is hereby discharged
of the s*^' sum of sixteen thoilsaud three hundred thnty-nine pounds
four shillings and one penn3^ \_Approved July 14.
CHAPTER 7.
RESOLVE FOR ALLOWING TWO HUNDRED POUNDS TO JAMES TAY-
LOR, TREASURER OF THE PROVINCE, FOR HIS SERVICES AND EX-
PENSES IN THE YEAli, 1698-9.
tJpox CONSIDERATION of good servicc that M""- James Taylor, gent.,
hath done as treasurer and receiver-general of this province, for the
last year, 1698, which expired some time in June last, —
Resolved, That two hundred pounds be granted out of the treasury
of this province unto M"'- James Taylor, afores*^-, to be in way of com-
pensation and payment for his labour, pains and charges he hath been
out in s'^- trust, and that his ex^^^- be desired, with the advice and con-
sent of the council, to give order accordingly. l^Ajjproved Jahj 14.
CHAPTER 8.
RESOLVE FOR GRANTING LICENSE TO THOMAS HOW OF MARLBOR-
OUGH TO PURCHASE OF JOSEPH ROBINSON, AN INDIAN, A TRACT
OF LAND LYING BETWEEN MARLBOROUGH, SHERBURNE, AND
WOOLSON'S FARM * [Approved July 14.
^Printed witJi resolves, orders, etc., relating to the establisJimenl, etc.,
of toions, etc.~\
CHAPTER 9.
RESOLVE AND ORDER FOR APPROVING AND ALLOWING THE ACCOUNTS
FROM JULY 1, 1695, TO JUNE 22, 1699, OF JOHN WALLEY, COMMISSIONER
FOR WAR, AND FOR REPAYING HIM EIGHTEEN POUNDS FOUR
SHILLINGS EXPENDED BY HIM MORE THAN HE RECEIVED.
WiiEKEAS John Walley Esqf being for some years past imployed by
the (iovernour and Council as Coiliissioner for War, hath had divers
considerable sums of money ordered into his liands out of the publick
Treasury and otherwise amouuting in the whole to seventeen thousand
three hundred eighty one pounds twelve shillings and eleven pence, for
the enabling of him to piu-chase, procure and pay for Provisions
Cloathing and other supplies, for the souldiers and seamen that have
been imployed in his Ma'f service within this Province, & for the
* See ante, 1698, order, chapter 42.
[1st Sess.] Province Laws (J?e.so?ves e^c). — 1G99-1700. 219
Garrisous within y" same & Province Gaily, as also for the enabling of
hiin to pay & defrey sundry other incident and contingent Charges and
Disbursements for his Ma'^" service.
And whereas the s'? John Walley hath laid before the house of
Representatives the Accompts of his laying out and disposal of the
afores'.' moneys by him received for the service of the Province, begin-
ning the first day of July — Anno IG!)") — & ending the twenty second
day of June — Aimo 1G99. Which Accompts together with his
Accompts also of his imploying and disposal of the several species of
Provisions, Cloathing and other supplies by him procured with the
s'.' moneys have been carefully examined and inspected by M"" James
Taylor Treasurer and Receiver General of this Province by Order of
the house of Representatives, and also since by a Committee of the s**
liouse appointed for that purpose And it appearing by the s"^ Accompts
that the said John Walley hath paid out for the ends above, mentioned
the sum of seventeen thousand three hundred ninety nine pounds,
Sixteen shillings & 11*^ which is F^ighteen pounds four shillings, more
than he hath received of the publiclc moneys
ResoUed and Ordered That the s'^ Accompts of the afores'-* John
Walley be, and hereby are approved &, allowed of And that he the s'-'
John Walley be paid out of the publick Treasury the s^ sum of
Eighteen pounds four shillings. And further that he be and hereby is
discharged of and from the s** sum of seventeen thousand three hun-
dred eiglity one pounds twelve shillings and eleven pence, by him
received as before mentioned out of the publick Treasury and other-
wise, for the service of this Province. \_Approved July 18.
CHAPTER 10.
RESOLVE FOR ALLOWING AND PAYING FIFTY POUNDS TO INCREASE
MATHER FOR HIS SERVICES AS PRESIDENT OF HARVARD COLLEGE
IN THE YEAR 1698-9.
Resolved. That ffor and in ConsideracoS of y® Good Service the
Reverend M^ Increase Mather hath Done for this Province as p'"sident
of Harvard Colledge, the last year viz'- Ann. Dom. 1698: There be
allowed and paid unto him out of the Publick Treasury of this his
j^jjj^jtks pi-ovince the Summ of fflfty pounds — [^Appi-oved July 18.
CHAPTER 11.
RESOLVE FOR ALLOWING AND PAYING THIRTY POUNDS, EACH, TO
JOHN PHILLIPS AND JAMES CONVERSE FOR THEIR SERVICES IN
TWO JOURNEYS TO THE EASTWARD TO NEGOTIATE WITH THE
INDIANS.
Whereas the Hon'i'' Col?. John Phillips Esq? and Majf James Con-
verse were appointed by the Generall Assembly In Novemf last to
Undertake a voyage the last Winter to Negotiate an Affair with the
Eastward Indians, which order they Attended and were upon s*? voyage
by the Space of Two months and a day or two ; And were Sent again
220 Province Laws {Resolves etc. ) . — 1 699-1700. [CnArs. 12-14.]
by the Hon^" the Liev- Gov? & Couneill ou s^ Affair in April last, &
were then upon their voyage about a mouth & a week, in the whole
Thi-ee Months and a week, upon s'? service.
Resolved That the Sum. of Thirty Pounds be allowed and Paid to
each of them out of his Maj*f^ Treasury of this Province In Considera-
cou of their Service afores'^ [^Approved July 18.
CHAPTEE 12.
RESOLVE FOR ALLOWING AND PAYING FORTY POUNDS TO EPHRAIM
SAVAGE FOR HIS SERVICES AS ONE OF THE COMMITTEE FOR
DEBENTURES, THE FORMER ALLOWANCE TO HIM NOT BEING PAID;
AND REQUESTING THAT A WARRANT THEREFOR BE DRAWN AC-
CORDINGLY.
Resolved, That Capt. Ephraim Savage, one of the committee for deb-
entures, be allowed and paid the sum of forty pounds money out of the
public treasury of this province, for his service as aforesaid, the said
sura granted the last session of this court to him for said service not
being paid, and that his ex'^-''- the governour be desired, by and witli the
consent of the coimcil, to give order accordingly. [^Approved Jtdy 18.
CHAPTER 13.
RESOLVE FOR ALLOWING EIGHT POUNDS TO JOHN WHITE, CLERK OF
THE HOUSE OF REPRESENTATIVES, FOR HIS SERVICES DURING
THE FIRST SESSION OF THE YEAR 1699-1700.
Resolved,^ That M""- John White, clerk of the house of rej^-esenta-
tives, be allowed eight pounds out of the public treasury of this his
majestie's province, for his service as cleric this present session, and
that his ex^y-, with the advice and consent of the council, be desired to
give out an order for the payra'- thereof accordingly. {^Approved
July IS.
CHAPTER 14.
RESOLVE FOR PAYING FIFTEEN POUNDS TO JAMES MAXWELL FOR
HIS SERVICES AS DOORKEEPER TO THE GOVERNOR, COUNCIL AND
REPRESENTATIVES, DURING THE LAST HALF-YEAR.
Resolved, That there be paid out of the public treasury of this prov-
ince to M'- James Maxwell, for his last half-year's service in waiting
upon the governour, council and general assembly, the sum of fifteen
pounds. [Approved July 18.
[1st Sess.] Pkovinck LAW>i (liesolves etc.). — 1(U)9-1700. 221
CHAPTER 15.
RESOLVE FOR ALLOWING AND PAYING TEN POUNDS TO CAPTAIN
TIMOTHY PHILLIPS, THREE POUNDS TO SERGEANT JACOB LUFKIN,
AND 'JWO POUNDS TO JOSEPH SOPER; SOLDIERS WOUNDED IN THE
KING'S SERVICE IN AN ENGAGEMENT AT THE EASTWARD IN THE
SUMMER OF 1G98.
WiiKREAS at a Great & Generall Court or Assembly begim & held at
lioston upou Wednesday the 26"' of May 1G97 : & Coutinuod by
Severall prorogations unto Wednesday y^ 15"' of Decern)/ following
and then mett, a Comitte was appointed to Receiue and inquire into
the Demands that are or Shall be made for allowance unto any (jflicers
or Souldiers which Avere wounded in his Majesties Service in the
Engagement with the P>nemy in the preceding Summer in the Eastern
l)arts of y" Province and to make report thereof to y" Generall Assem-
bly And the Said Committee haueing made report accordingly that
they think Ten pounds ought to be allowed to Cap' Timothy Phillips,
and Three pounds to Jacob Luftkin and Two pounds to Joseph Soper
in Consideration of theire time whilest under the Doctors hands for y"
Cure of theire wounds —
Jiesolved., That there be paid out of his Maj"''' Treasury of this
Province, Ten pounds allowed and paid to sd Cap* Timothy Phillips and
Three pounds to Serg' Jacob Luffkin and Two pounds to Joseph Soper
In Consideracoii of yT time whilest under y" Docto''s hands for Cure of
theire wounds as aforesaid. [^Ajjproved July 18.
CHAPTER 16.
RESOLVE FOR ALLOWING AND PAYING TEN POUNDS FOR THE
SURGEON'S FEES, AND TOWARDS THE FUNERAL EXPENSES, OF
SAMUEL PROCTER, ONE OF THE GARRISON AT CASTLE ISLAND,
LATELY MORTALLY WOUNDED IN THE KING'S SERVICE.
Whereas Samuel Procter a Garrison Souldier belonging to his
Majlis? Castle upon Castle Island near Boston was lately wounded in
his Maj''f" Service at the s'? Castle, and of his Wounds is since dead
Resolved That there be Allowed and paid out of his INIaj"''^ Treasury
of this Province the Suiii. of Ten Pounds for the paying of Chirur-
geous. Imployed to dresse and look after the s"? Samuel Procter after
liis being so Wounded and also towards defraying his funer'l charges.
[^Approved Juhj IS.
CHAPTER 17.
RESOLVE FOR APPLYING THE POWDER-MONEY RECEIVED FROM
VESSELS ARRIVING IN THIS PROVINCE TOWARDS THE PURCHASE
OF MILITARY STORES, ETC., UNTIL FURTHER ORDER.
Resolved That the Powder-money Paid by all Vessells from time to
time arriving in this Province, Shall be Reserved, & Improved, for &
towards a Supply of Stores of War for his Maj'f Service in this Prov-
ince, untill further Order from this Court. \_Approved July 18.
222 Province Laws {Resolves etc.). — 1G99-1700. [CiiArs. 18-20.]
CHAPTER 18.
RESOLVE FOR ALLOWING FIFTEEN POUNDS OUT OF THE PROVINCE
TREASURY TOWARDS THE MAINTENANCE OF A MINISTER IN THE
TOWN OF WELLS FOR THE ENSUING YEAR.
Upon reading the petition of John AVheelwright, representative of
the town of Wells, in behalf of the s'"' town, praying some assistance
from the publick towards the support and maintainauce of a minister
in s'^- town, —
Resolved, That the s*"- town of Wells be allowed out of tlie publick
treasuiy fifteen pounds money, for maintaiuance of a minister the year
ensuing. l^Axrproved July 18.
CHAPTER 19.
RESOLVE FOR PAYING TWELVE POUNDS OUT OF THE PROVINCE
TREASURY TO SAMUEL MOODY, MINISTER AT THE TOWN OF YORK,
FOR HIS SERVICES FOR THE YEAR BEGINNING MAY 18, 1698.
Upon reading the petition of Samuel Moody, preacher of the word
of God at the town of York, setting forth the inal^ility of s''- town to
afford him a competent maintainauce, and praying some allowance
from the public for his last year's officiating there, beginning the IS"'
of May, 1G98,—
Resolved., That twelve pounds be given out of the public treasury to
the said Samuel Moody. \_Approved July IS.
CHAPTER 2 0.
RESOLVE AND ORDER FOR REMITTING, ETC., FORTY-SEVEN POUNDS
THREE SHILLINGS AND EIGHTPENCE, THE OUTSTANDING DUES OF
DIVERS PERSONS FOR IMPOST AND EXCISE, FOR WHICH JOHN
WALLEY, LATE COMMISSIONER OF EXCISE, REMAINS CHARGEABLE,
AND FOR AUTHORIZING SAID WALLEY TO COLLECT THE REMAIN-
DER OF SAID DUES.
Whereas John Walley EsqZ, Late Comissioner for the Collecting
and receiveing the Dutys of Impost and Excise granted by the General
Assembly of this Province and for the General inspection care and
management of whatsoever related unto the s^ Offices, hath laid before
a Committee of the house of Representitives y^ Accompts of his tran-
sactions in the si Offices as hath been made up with the Treasurer &
receiver General from time tp time as the law directs. By which Ac-
compts it appeares there is standing out in Debts due to the Province
from divers persons for Impost & Excise the sum of four hundred
forty pounds thirteen Shillings & Six pence And whereas some of the
si persons soe indebted were extreemly indigent, some others of them
had their licences taken away or laid down the same, before the expi-
ration of the year for which they agreed to pay a Certain sum for
[1st Sess.] Province Laws (Jiesolves etc.). — Kidd-ll 00. 223
Excise by reason whereof it hath appeared reasonable to the si Com-
mittee of y° house of representitives and they Iiave accoidingly re-
ported tlieir opinion that the si Several persons as by Acco!:! taken by
y" Committee and left with the house, l)e abated and remitted tlie sum
of Forty Seven pounds three Sliillings & lOight pence in part of the
Debts standing out as aforesi for the s'l Duty's of Impost & J^xcise
and tiiat he the si John AValley Ksqi be imi)owred to Collect and re-
cover the remainder of si Debts. It is therefore
ResoM & Ordered That the si persons as ^ si Accoinpts be &
hereby arc abated and remitted tlie si sum of Forty Seven pounds three
Sliillings & Eight pence part of the Debts soe Staudiug out as aforesi
And that there be an order to y° Treasurer & Receiver General of this
Province to allow si John Walley the si sum of forty Sm-en pounds
three Shillings & Eight pence and pass the said sum in his Accompts
accordingly. And further that the si John Walley be and hereby is
fully authorized and impowred to demand sue for recover and receive
all and singular such Debt and Debts sum and sums of money as are
due or remayning unpaid for Impost and Excise which should have
been paid unto him the si John Walley during the time of his being
CJomissioner for the collecting of the si Duty's from any person or
persons whatsoever in as full large & ample manner as the si John
Walley might have done when he was Comissioner as aforesaid by
virtue of his Comission or any powers and authority's by law to him
given excepting the Abatem'4 afores'? And that the si 'Walley Stand
farther Accomptable for the remainder of said Debts Outstanding
\_Approved July 19.
CHAPTER 21.
RESOLVE AND ORDER FOR APPOINTING A COMMITTEE TO EXAMINE
AND ADJUST THE ACCOUNTS OF CLAIMS FOR WAGES AND FOR
THE SUBSISTENCE AND TRANSPORTATION OF SOLDIERS UNDER
THE GOVERNMENT OF SIR EDMUND ANDROS, ETC., AND TO REPORT
THEREON AT THE NEXT SESSION OF THE GENERAL COURT.
Resolved & Ordered. That there be a Comittee named and appointed
by this Court to Inspect Examin and Adjust the Accompts of the
Debts claimed, for wages and Service done for the publick, For Goods
and Provisions taken up and Vessells hire, For Subsisting of Souldiers
or otherwise, during the time of S- Edmond Andros's Governm^ given
in to a former Committee appointed to receive the Same, by any of the
People of this Province. And to receive such further claims as shall be
made by any of this Province, and to adjust the same, and make their
Report upon the whole unto the next Session of this Court, that Pro-
vision may be made for payment of the said Debts. — .
And y- in adjusting the Wages of Ofljcers and Souldiers they Pro-
ceed according to the Custom & usage of this Province [Apjyroved
July 19.
224- Province Laws {Resolves etc.). — 1699-1700. [Chaps. 22-24.]
CHAPTER 22.
RESOLVE FOR PAYING EIGHTEEN POUNDS THIRTEEN SHILLINGS AND
TWOPENCE TO WILLIAM PAYNE, COMMISSIONER OF IMPOST, FOR
HIS OFFICE EXPENSES AND SALARY TO MAY 31, 1699.
Upon readinCt an accompt presented by M""- William Paine, comiss''-
for impost, amounting to eighteen pounds thirteen shillings and 2''-, for
a sett of books for s**" impost office, and rent thereof, etc., and also
for one quarter's salary due to him the ol'*' of May last, —
Jiesoloed, That the s''- William Paine be paid out of tlie public
treasury the s'^- sum of eighteen pounds thirteen shillings and two-
pence. l^Ajiproved July 19.
CHAPTER 23.
RESOLVE FOR ALLOWING SIX POUNDS MORE TO EBENEZER PROUT,
FORMERLY CLERK OF THE HOUSE OF REPRESENTATIVES, AS FULL
AND FINAL COMPENSATION FOR HIS SERVICES IN THAT CAPACITY.
Resolved, That M''- Ebeaezer Prout be allowed six pounds money
for service done by him formerly as clerk of the house of representa-
tives, as a full and final compensation for s*^- service, it being a further
consideration added to the six pounds given him by the last general
court for s''- service. \_Approved July 19.
CHAPTER 24.
RESOLVE FOR GRANTING OUT OF THE PROVINCE TREASURY AN
ANNUAL PENSION OF FOUR POUNDS, FOR LIFE, TO JEREMIAH
BUMSTEAD, A SOLDIER WOUNDED AND DISABLED IN THE KING'S
SERVICE.
Upon reading the petition of Jeremiah Bumsteed, setting forth that
he was formerly wounded in the countrey's service, in one legg, and
thereby disabled, to his great impoverishment, and praying same releif
from the public on consideration thereof, —
Resolved., That the petitioner, Jeremiah Bumstead, be allowed four
pounds money during his natural life out of the public treasury.
[^Approved July 19.
i 1st Sess.] Province Laws {Resolves etc.) . — 1099-1700. 225
CIIAPTEE 25.
RESOLVE FOR TAYING OUT OF THE FllOVINCE TREASURY ELEVEN
POUNDS THIRTEEN SHILLINGS AND FOURPENCE TO ELIZABETH
THE WIDOW OF ROBERT IIOPLEY, LATE OF BOSTON, DECEASED,
BEING THE WAGES DUE TO IIIM AS GUNNER OF THE SHIP AMER-
ICA MERCHANT, EMPLOYED IN THE EXPEDITION TO CANADA IN
THE YEAR 1690.
Upon reading the petition of Elizabeth Hopley, widow of Robert
Ilopley, late of Boston, mariner, deceed, praying that the sum of
elevi'U pounds thirteen shillings and fourpenee, due to her s''- husband
for his service as gunner of the ship America Merch'-, employed in his
majesty's service on the expedition to Canada, anno 1690, and not yet
paid, may be paid unto her, —
Resolved., That the petitioner be paid eleven pounds tliirteen shil-
lings and fourpenee out of the public treasury of this province, on
account aforesaid. {^Approved July 19.
CHAPTER 26.
RESOLVE FOR ALLOWING SIX POUNDS OUT OF THE PROVINCE
TREASURY TO JOSIAH PARKER OF CAMBRIDGE TO REIMBURSE
HIM THE SUM HE PAID TO THE EASTERN INDIANS FOR REDEEM-
ING PHINEAS PARKER FROM CAPTIVITY.
Upon reading the petition of Josiah Parker of Cambridge, praying
to be allowed out of the public treasury the sum of six pounds, which
he disbursed, about a year since, for redeeming his kinsman, Phineas
Parker, out of the hands of the eastward Indians, —
Resolved., That the petitioner be allowed the s**- sum of six pounds
out of the publick treasury. [Approved July 19.
CHAPTER 27.
RESOLVE FOR PAYING THREE POUNDS TWELVE SHILLINGS OUT OF
THE PROVINCE TREASURY TO STEPHEN HOLDEN OF GROTON, TO
PARTLY REIMBURSE HIM THE SUM HE PAID TO THE INDIANS FOR
THE REDEMPTION OF HIMSELF AND HIS SON FROM CAPTIVITY.
Upon reading the petition of Stephen Holden of Groton, praying
to be reimbursed out of the public treasury the sum of three pounds
twelve shillings, which he was necessitated to give the Indians for the
procuring of his and his son's liberty, having been captives with the
s'^- Indians about a j^ear and ten months, —
Resolved, That the petitioner be paid out of the public treasury the
said sum of three pounds twelve shillings. \_AppToved July 19.
226 Province Laws {Resolves etc.). — 1699-1700. [Chaps. 28-31.]
CHAPTER 28.
ORDER ArPOINTING JOHN AV ALLEY AND EPHRAIM SAVAGE A COM-
MITTEE TO RECEIVE CLAIMS AND DEBENTURES AGAINST THE PROV-
INCE, BROUGHT IN BEFORE OCTOBER 1, 1699, FOR AMOUNTS DUE
BEFORE MAY 26, 1699, FOR WORK, WAGES, ETC, AND TO PREPARE
AND REPORT FOR THE ALLOWANCE OF THE GOVERNOR AND COUNCIL
AN ORDER FOR THE PAYMENT OF THE SAME.
Whereas there are severall sums of money due to soldiers and others
for worke, wages, fitting the galley and otherways for his majestie's
service, due before the 26* of May, 1(399, that have not yet been
allowed and paid, —
Ordered^ That John Walley, Esq'"-, and Capt. Ephraim Savage be a
committee for to take in all claims and certificates for what's due
before the 26* of May, 1699, for worke, wages or any otherwise as
above due from the province for his maj"'"'- service, and to make up
and adjust the same, and to lay before his ex<-T- and council, for their
allowance, an order on the treasurer, for payment of the same, and all
persons are to bring in their claims before the 1'' of October next
ensuing. \_Ax)2iroved July 19.
CHAPTER 29.
RESOLVE AND ORDER APPOINTING A COMMITTEE TO PROCEED TO
WATERTOWN AND TO DETERMINE UPON A LINE DIVIDING THE
TOWN INTO TWO SEPARATE PRECINCTS, AND TO PROPOSE A SUM
TO BE PAID BY THE INHABITANTS OF THE EASTERLY END OF
SAID TOWN TOWARDS THE CHARGE OF BUILDING THE NEW
MEETING-HOUSE; AND TO REPORT THEREON AT THE NEXT SES-
SION OF THE GENERAL COURT; AND FOR SUSPENDING ALL LITI-
GATION, ETC., IN THE MEAN TIME. [Approved July 20.
\_Printed with resolves, orders, etc., relating to the establishment., etc.,
of towns, etc.'\
CHAPTER 30.
RESOLVE AND ORDER IN ADDITION TO AND FOR FURTHER EXPLAESF-
ING THE ORDER OF JUNE 14, 1698,* RELATING TO THE BOUNDS OF
THE FARMS PRECINCT IN WATERTOWN. {Approved Julij 20.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 31.
RESOLVE FOR GRANTING AND PAYING OUT OF THE PROVINCE
TREASURY FIVE HUNDRED POUNDS TO SIR HENRY ASHURST,
BART., BESIDES THE PROCEEDS IN HIS HANDS OF NAVAL STORES,
TOWARDS HIS SERVICES AND EXPENSES AS AGENT OF THE
PROVINCE.
Resolved That there be and hereby is granted the sum of Five hun-
dred pounds unto S"" Ilonvy Ashhurst Baronet, besides what remains
* Resolve and order. 1698, chanter 12, ante.
[1st Sess.] Pkovince Laavs (i?e.s-oZi;es e^c). — lOOU-lTOO. 227
in his liands of tlie effects of tlie Naval Stores, towards l>is cliargcs
and service in his Agency for this Province, to be paid out of the pub-
lick Treasury of the same. .^Ajiproved July 20.
CHAPTER 32.
RESOLVE FOR ALLOWING TEN POUNDS OUT OF THE PROVINCE
TREASURY TO JOSEPH HASTINGS OF READING FOR THE LOSS OF
AN EYE BY A WOUND RECEIVED IN THE KING'S SERVICE IN THE
YEAR 1690.
Upon reading the petition of Joseph Hasting of Reading, praying
some allowance for the loss of the sight of one of his eyes by a
wound which he received in his majestie's service in the year 1G90, —
Resolved^ That the s"^- petitioner be allowed ten pounds 'money out of
the public treasury. \_A2ipr0ved July 20.
CHAPTER 33.
RESOLVE FOR ALLOWING AND PAYING OUT OF THE PROVINCE
TREASURY THE FUNERAL EXPENSES OF NATHANIEL HOLMES,
KILLED BY THE BURSTING OF A GtJN ON CASTLE ISLAND, AMOUNT-
ING TO FIFTEEN POUNDS THIRTEEN SHILLINGS AND EIGHTPENCE.
Resolved, That the funeral charges of Nathaniel Holmes, kill'd by
the breaking of a great gun at his maj'''^''- castle upon Castle Island,
the 12"' of June, 1G99, amounting to fifteen pounds thirteen shillings
and eightponce, be allowed and paid out of the public treasury of this
province. \_Ax)proved July 20.
CHAPTER 34.
RESOLVE FOR REDUCING TO TWO POUNDS SEVEN SHILLINGS THE
SUM ORDERED TO BE PAID IN 1698* OUT OF THE PROVINCE
TREASURY TO SUNDRY PERSONS BRINGING IN TO THE TREASURY
UNENDORSED BILLS OF PUBLIC CREDIT.
Whereas, at the session of the general assembly begun the 15"' day
of November last, a resolve passed for the making good of six pounds
seven shillings in unendors't bills of credit, presented by M""- Treasurer
and others, and whereas part of s'^- bills, to the value of four pounds,
upon further examination appeared to be counterfiet, —
Resolved, therefore, that four pounds ought to be deducted out of
the said sum of six pounds seven shillings. \_Approved July 20.
* Chapter 66, ante.
228 Proyisce Laws {liesolves etc.). — 1699-1700. [Chap. 35.]
CHAPTER 35.
ADVICE OF THE COUNCIL, ON MOTION OF THE HOUSE OF REPRE-
SENTATIVES, THAT THE GOVERNOR CONTINUE THE GOVERNMENT
AND DIRECTION OF HARVARD COLLEGE IN THE HANDS OF THE
CORPORATORS APPOINTED UNDER THE ACT OF JUNE 4, 1697, WHICH
WAS DISALLOWED BY THE PRIVY COUNCIL *
Whereas, the assembly at the last session of the general court
proposed to suspend their proceedings in the affair referring to the
settlement of the colledge until the next session of said court, and
made their humble application unto his excellency that he would please,
in the mean time, to continue the government and direction of the col-
ledge with the gentlemen of late a corporation for the same, and that
the estate of the colledge may be improved according to the rules and
orders lately in force for the government of the students and manage-
ment of the estate aforesaid, that those who have the care and institu-
tion! of the students may be suitably supported and encouraged, —
Advised, that his excelP^- do accordingly continue the government
and direction of the colledge with the gent"- of the said late corpora-
tion, to have and exercise the same until further order. \_July 25,
1699.
* Though not strictl_v a legislative proceeding, and notwithstanding that the action of
the Governor in conformity to this advice given liy the representatives and the Council,
was purely executive, and done after the Assembly had been prorogued, still, the formal
concurrence of both the legislative branches, and the executive, in this scheme to continue
the functions of the officers of the corporation which had been dissolved by the disallow-
ance of the act of 1697, seems to require that it should be here inserted.
This proceeding was, undoubtedly, " the new settlement " alluded to by John Leverett
in his letter to Isaac Addington, August 10, 1699, which Quincy, in his History of Harvard
University, declares that there "is no account of," "either in the college records or in
those of the General Court."
This " temporary settlement" was still further continued liy chapter 40, post, which for
the same reason has been included with these votes, etc., of the Assembly.
At the time Qtuncy's history was compiled, the executive records of the Council, in
which the above entry appears, had not been transcribed for the Secretary's office, and
were preserved in the State Paper Offlce in London, where they were, virtually, inaccessible
to American students
+ Sic: "instruction."
[2d Sess.] Province Laws {llesolvea etc. ). — 1699-1700. 229
ORDER, RESOLVES, VOTE, ETC.
Passed at the Session begun and held at Boston,
ON THE Thirteenth day of March, A. D. 1699-1700.
CHAPTER 36.
ORDER FOR NOTIFYING THE TOWN OF KITTERY TO APPEAR AND
ANSWER TO THE PETITION OF THE INHABITANTS OF BERWICK TO
BE SET OFF INTO A DISTINCT TOWNSHIP. [Passed March 20, IGOO-llOO.
{^Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 37.
RESOLVE FOR GRANTING A HEARING ON THE PETITION OF THE
INHABITANTS OF NEWTON TO BE SET OFF FROM CAMBRIDGE AND
EXEMPTED FROM CONTRIBUTING TOWARDS THE MAINTENANCE OF
CAMBRIDGE BRIDGE. [Approved March 22, 1699-1700.
\^Printed ivith resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.]
CHAPTER 38.
RESOLVE FOR ALLOWING TWELVE POUNDS TO JOSEPH BENJAMIN.
A WOUNDED SOLDIER.
Resolved That the Sum : of Twelve Pounds money be Allowed and
Paid out of the Publick Treasury of this Province to Joseph Benjamin,
In Consideration of his being Wounded in his Maj''f Service against
the Indian Enemy. \_Approced March 22, 1699-1700,
230 Province Laws {Besolves etc.). — 1699-1700. [Cuai-s. 39-42. j
CHAPTER 39.
RESOLVE FOR ALLOWING A PENSION OF THREE POUNDS PER AN-
NUM FOR THREE YEARS TO PETER LEGROVE, A WOUNDED SOL-
DIER.
Resolved^ That Peter Legrove, wounded in Ms maj"'^'^- service within
this province, anno 1697, be allowed a stipend of three pounds per
annum out of the public treasury of this province for three years next
ensuing. \_Approved 3farch 22, 1699-1700.
CHAPTER 40.
MOTION TO THE GOVERNOR, FOR CONTINUING THE GOVERNMENT OF
HARVARD COLLEGE ESTABLISHED BY THE ACT OF JUNE 4, 1C'J7,
WHICH WAS DISALLOWED BY THE PRIVY COUNCIL.*
M''- Leverett, M""- White and M""- Phips, members of the house of
representatives, attended on his excellency with a message from that
house praying his lordship that the care and government of the col-
ledge may be continued in the hands of the late corporation, as at pres-
ent, until other provision be made. \_Concurred in by the Council, arid
passed March 23, 1699-1700.
CHAPTER 41.
RESOLVE FOR PAYING THE GOVERNOR'S HOUSE-RENT.
Resolved That the whole Charge arising for House Rent for the Ac-
comodacoii of his Excy for this Year be paid out of the Treasury of this
Province at the Expiration of the Year. [^Approved March 23, 1699-
1700.
CHAPTER 42.
RESOLVE FOR ALLOWING FIFTY POUNDS, EACH, TO WAIT WINTHROP,
ELISHA COOKE AND SAMUEL SEWALL, JUSTICES OF THE SUPERIOR
COURT, ETC., FOR THEIR SERVICES DURING THE PREVIOUS YEAR;
ALSO A LIKE SUM TO THE EXECUTORS OF THOMAS DANFORTH,
DECEASED, A FORMER JUSTICE OF SAID COURT.
Resolved That there be Allowed and Paid out of the Publick Treas-
ury of this Province to the Hon*'!" Thomas Danforth Esq- Dec'- his
Execut" Wait Winthrop, Elisha Cook and Samuell Sewall Esq""-' Judges
of the Sup!^ Court of Judicature for their Service in s'^ office the year
last past expiring in Decemb!^ last to each of s^ Judges the sum. of fifty
Pounds [Approved March 23, 1699-1700.
* See chapter 35, ante, and note.
[2d Sess.J Pkovince IjKW a {Reaolves etc.). — lGt)'J-1700. 231
CHAPTER 4:5.
RESOLVE FOR ALLOWING EIGHTY POUNDS TO ISAAC ADDINGTON,
SECRETARY OF THE PROVINCE, FOR HIS EXTRAORDINARY SER-
VICES DURING THE YEAR ENDING DECEMBER, 1699.
Resolved, That the sum of eighty pounds be allowed and paid to
the Hon''"''- Isaac Addington, Esq''-, for his extraordinary service done
for the i)rovince the year last past, expiring December last. [^ApjyroveO.
March 23, lGOO-1700.
CHAPTER 4J:.
RESOLVE FOIL ALLOWING FIVE POUNDS TO JOHN LEVERETT, FOR
SERVICES DONE BY HIM FOR THE HOUSE OF REPRESENTATIVES.
Resolved, That tlie sum of five pounds be allowed and paid to John
Leveret, Iilsq""', for service done by him for the house of representa-
tives. ^Approved March 23. 1699-1700.
CHAPTER 45.
RESOLVE FOR AN ADDITIONAL ALLOWANCE OF SEVENTEEN POUNDS
TO JOHN WHITE, CLERK OF THE HOUSE OF REPRESENTATIVES,
FOR HIS SERVICES IN THE YEAR 1699-1700.
Resolved, That INI''- John White, who hath been emproved as a clerk
of the house of representatives to make fail' records of all the acts that
have passed in the said house this whole year, besides the eight pounds
already allowed him, have seventeen pounds more allowed out of
the public treasury, to be paid to him, in all twenty-five pounds money,
as hath been usual to other clerks that have officiated as aforesaid.
lApproved March 23, 1699-1700.
CHAPTER 46.
RESOLVE FOR ALLOWING TEN POUNDS TO SAMUEL PHIPPS, LATE
CLERK OF THE HOUSE OF REPRESENTATIVES, FOR SERVICES DONE
BY HIM IN SAID CAPACITY.
Resolved, That the sum of ten pounds be allowed and paid out of
the public treasury of this province to M'- Samuel Phips, for service
formerly done by him as clerk of the house of representatives.
[_Approved March 23, 1699-1700.
232 Province Laws {llesolves etc.). — 1699-1700. [Chaps. 47-50. J
CHAPTER 47.
RESOLVE FOR GRANTING A LOAN OF ONE HUNDRED POUNDS TO
THOMAS ADKINS, SENIOR, OF BOSTON.
liesoloed, That the sum of one huudred pounds be lent out of the
treasury of this province to M"" Thomas Adkins, sen"^ , of Boston.
[Approved March 23, 1699-1700.
CHAPTER 48.
RESOLVE FOR ALLOWING TEIIRTY POUNDS TO JAMES MAXWELL FOR
HIS SERVICES AS DOORKEEPER AND MESSENGER, ETC., FOR ONE
YEAR ENDING JUNE 8, 1700.
Resolved, That there be allowed and paid out of the public treasury
of this province to M'- James Maxwell, for a year's service, which will
expire the eighth day of -Tune next, the sum of thirty pounds. [Approved
March 28, 1699-1700.
CHAPTER 49.
RESOLVE APPOINTING A COMMITTEE TO INQUIRE AND REPORT,
ETC., ABOUT THE PURCHASE OF LANDS FOR CERTAIN INDIANS AT
TIVERTON. [Approved March 23, 1699-1700.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 50.
VOTE APPOINTING A COMMITTEE TO INQUIRE INTO AND REPORT
UPON THE EXPEDIENCY OF MAINTAINING THE NEW BRIDGE OVER
TAUNTON GREAT RIVER, AND THE PROPER DISTRIBUTION OF THE
EXPENSE AMONG ADJACENT TOWNS.
A PETITION of the selectmen of the town of Taunton, praying some helj)
from the province for the new bridge over Taunton Great River at the
southerly part of s*^- town, was sent up from the house of representa-
tives with their vote thereon, that Capt. Josia Edson, M"'- Joseph Kent,
and M'- John lluut, be a comittee to make enquiry whether the said bridge
be deemed necessary and of public use, and if it appear to be so, then
to consider the benefit the towns of Freetown, Tiverton, Little Comp-
ton and Dartmouth have thereby, that if they are not otherwise biu--
thened with their own bridges they may be ordered, respectively, to
contribute a suitable and equitable proportion towards the building and
maintaining the said bridge, and that the charge of the comittee be
borne by the petitioners and the said committee to make report to the
next session of this court. [Concurred in by the Council, and approved
March 23, 1699-1700.
[2i> tSi-:ss.] Pkovince Lawh {Jiesolves etc.). — i(i\)i)-nOi). 233
CHAPTER 51.
RESOLVE APPOINTING A COMMITTEE TO AUDIT THE ACCOUNT OF
JOHN ARNOLD, FORMERLY KEEPER OF THE JAIL IN BOSTON, OF
HIS CHARGES FOR KEEPING JOSEPH DUDLEY AND OTHERS, POLIT-
ICAL PRISONERS IN THE YEAR 1689, AND ALSO FOR KEEPING
PRISONERS CHARGED WITH WITCHCRAFT IN THE YEAR 1692-3, AND
FOR EXPENSES OF REPAIRS ON THE JAIL, ETC.
A PETITION and accompt of John Arnold, keeper of his maj''"'- goal
in Boston, was presented, praying an order for paym'- to be made to
liim of several arrears owing from the year 1G89, and since ; upon read-
ing of which petition at the board, —
Resolved, That the said accompt be referred unto an auditor com-
ittee to examine the same, and that Elisha Hutchinson, Peter Sei'geant
and John Walley, Esq''-, be a comittee of this board to join with John
Leveret, Esq"-, Capt. Andrew Belcher and M''- Samuel Phips, named a
comittee by the assembly, to examine and audit the said accompt, and
to make report thereof unto the general assembly at their next session.
[Approved March 23, 1699-1700.
CHAPTER 52.
RESOLVE FOR POSTPONING ACTION ON THE REPORT OF THE COM-
MITTEE APPOINTED TO SET OFF TWO PRECINCTS IN WATERTOWN,
AND FOR CONTINUING IN FORCE THE ORDER OF JULY 20, K^*
[Approved March 23, 1699-1700.
[^Printed ivith resolves, orders, etc., relating to the esfablishvient, etc.,
of (owtts, etc.']
* Chapter 29, ante.
RESOLVES, ORDERS, VOTES,
ADDRESS,
DRAUGHT OF A CHARTER,
LETTERS, ETC.,
Passed 1700-1.
[236]
LEGISLATIVE LIST
FOR
170 O-I
His Exckllency RICHARD, EARL OF BELLOMONT,
Captain-General, and Governou-in-cuief, etc.*
WILLIAM STOUGHTON, F.sq.,
Lieutenant- or Deputy-Governor, etc.
{ACTING GOVERNOR FROM JULY 7 7, 1700)
ISAAC ADDINGTON, Esq.,
secretary of the province.
COUNCILLORS OR ASSISTANTS.
Of the inhabitants of, or projjrietors of, lands ivithin the territory formerly called
the Colony of the Massachusetts Bay : —
William Stoughton, Esq., Isaac Addington, Esq.,
John Pynciion, Esq., John Phillips, Esq.,
Wait Winthrop, Esq., Jonathan Corwin, Esq.,
James Russell, Esq., John Foster, Esq.,
Elisha Cooke, Esq., Peter Sergeant, Esq.,
John Hathorne, Esq., Daniel Peirce, Esq.,
Elisha Hutchinson, Esq., Penn Townsend, Esq.,
Samuel Sewall, Esq., John Appleton, Esq.,
William Browne, Esq.-, .IohnHigginson, Esq.,
Samuel Partrigg, Esq.
Of the inhabitants of or proprietors of lands within the territory formerly called
Neio Plymouth : —
Barnap.as Lothrop, Esq., Nathaniel Thomas, Esq.,
John Thacher, Esq., Nathaniel Byfield, Esq.
* For the full title, see p. 211, cmfc. Bellomont set sail from Boston, for New York, July 17, 1700, antl
never returned. A rumor of his death, wliich occurred March 5, 1700-1, reached Boston March 1.5th, (on
which day the Assembly was prorogued), and was confirmed by letters received through the mail on
Saturday, the 22nd. Stoughton, who had been acting governor during his absence, assumed the post of
chief executive as his successor by virtue of the clause in the Governor's commission, referred to in note ^
on the first page of the legislative list for the year 1699-1700.
[237]
238 Province hx^va {Besolves, etc.). — 1700-1. [Representatives.]
Of the inhabitants of, or proprietors of, land within the territory formerly called
the Province of Maine : —
Eliakim Hutchinson, Esq., Joseph Hammond, Esq.,
Benjamin Browne, Esq.*
Of the inhabitants of, or proprietors of, land toithin the territory lying between the
river of Sagadahoc and Nova Scotia : —
Joseph Lynde, Esq.
For the Province^ at large : — t
John Wallet, Esq.
REPRESENTATIVES or DEPUTIES.
May 29, 1700 to April 19, 1701.
JOHN LEVERETT, Esq., Speaker.
County op Suffolk.
Boston, Capt. Timothy Clarke,
]\Ir. Isaiah Tay,
Ml". James Bai-nes,
Capt. Bozoun Allen %
Roxbury, Capt. Timothy Stevenes §
Dorchester, Capt. Samuel Clap.
Milton, Capt. Thomas Vose.
Braintree, Capt James Brackett ||
Weymouth, Capt. Stephen French.
llingham, Corporal Joshua Beales.^
Dedham, Capt. Daniel Fisher.
County of Suffolk — Concluded.
Medfield, Capt. Samuel Barbur.
County op INIiddlesex.
Charlestown,
Cambridge,
Newton,
Watertown,
Sudbury,
Marlborougli,
Concord,
Mr. Samuel Phipps,**
Mr. Jacob Greene, jun f f
John Leverett, Esq.,JJ
Mr. James Trowbridge.
Corporal John Page.§§
Deacon Peter King |]||
Mr. Thomas How.
Capt. James Minot, Esq.^^
* "May 30, 1700. ... Mr Samuel Donnell one of the said new elected Councelloin-s, also waited upon
his Excellency in Council and prayed his LordP^ excuse from Serving in that Station
Whereupon his Excellency accepted the said Donnels excuse accordingly, and signified under his Hand
upon the List presented to him his approbation, and Consent unto the Election of the Other Twenty Seven
Persons therein named for Councellours, or Assistants for the Year ensuing and ordered the Secretary to
Carry the s<i List back unto the House." — Council Records, vol. VII., p. 73.
" May 31, 1700. . . . Then his Excellency took the Chair again, and directed that the Court proceed to
the Election of a Councellor, of an Inhabitant of or Proprietor of Lands within the Territory formerly
called the Province of Main, in the stead or room of Mr Samuel Donnell who being chosen had moved to
1)6 excused.
Whereupon the Council and Assembly proceeded to the Election of a Councellour accordingly, and their
Votes being collected, Sorted and Numbred, Benjamin Brown Esqr was chosen to the said Office by the
Greater Number of Votes." — Ibid., p. 77.
Brou-ne ti)ok and subs' ribed the qualifying oaths, etc., on the fourth of June, when he and Higginson,
who was qualified with him, took their seats at the Board.
t This is the fii'st election of nineteen councillors for the territory of Massachusetts Bay. It was done
for this year only, under a new agreement between the two branches of th3 Legislature. See chapter 1, of
the resolves of this year, post. From this time forth the two councillors at large, who had been annually
recorded as of the local divisions in which they respectively resided, were properly recorded as separately
elected.
+ Mr. Nathaniel OUver was chosen at the first election but refused to serve, whereupon Capt. Allen was
immediately chosen in his place.
^ " Stevens," in the Secretary's list.
II " Sergeant," in the town records and " Bracket " in the town records, and the Secretary's list.
^ " Corporal," and " Beale," in the town records, but " Mr.," and " Beal," in the Secretary's list.
** " Phips," in the Secretary's list,
tt " Green," in the town records and in the Secretary's list.
IX " Leveret," in the town records, and in the Secretary's list, and " Esq.," in the latter.
§J " Corporal," in the town records, but " Mr.," and " Paige" in the Secretary's list.
nil " Deacon," in the town records.
HH " Capt.," in the town records, l)ut " Esq.," in tlie Secretary's list.
[Rktuksentatives.] l^uoviNCE Laws {Refiolve><, etc.). — 1700-1.
239
County oi- Middlesex — (7o?icterfec?.
Chelmsford, Mr. Joseph Iliklrcth*
Capt. Joseph Tompson.
Capt. Edward Johnson f
Capt. John Brown.
Capt. William Green.
Lieut. Peter Tufts.J
Deacon Obadiah Morse.§
County of Hampsiiiue.
Springfield, Mr. John Pynchon, tertius.
Mr. John Clarke.
Mr. Daniel Marsh.
Capt. Samuel Partrigg.
Mr. Isaac Phelps.
County of Essex.
Capt. Manasseh Marston,
Mr. Philip English ||
Maj. Francis Wainwright,^
Bilkrica,
Woburn,
Reading,
Maiden,
Medford,
Sherburne,
Northam2)ton,
Hadley,
Hatfield,
Westfield,
Salem,
Ipswich,
County of Essex— Concluded.
Olouce.sler, Mr. 1'homas Rigjjs
Salisbury, Capt. Henry Trdo.
Amesb2cry, Mr. Thomas Fowller.ftt
County of Plymouth.
riymoulh, Mr. NathaTiiel Warren
Scituale, Capt. Benjamin Stetson XXX
Marshfield, Mr. Samuel Si^rague.
Bridgeivaler, Mr. Elihu Brett.
Duxbitry. Capt Seth Arnold.
County of Baknstaijle.
Barnstable, Mr. Thomas Hinckley.
Sandwich, Mr. Shearjashub P»ournc.§§§
Yarmouth, Mr. Thomas Sturgis.
Eastham, Mr. Israel Cole.
Deacon Nathaniel KnowMon.** Bristol,
Newbury,
Lynn,
Marblehead,
Beverly,
Wenham,
Rowley,
Andover,
Haverhill,
Topsfield,
Boxford,
Lieut. Tristram Coffin. ff
Capt. John Burrill, jun.J:!:
Capt. John Legg.
Mr. Samuel Balch.
P^nsign Walter Fayerfield.§§
Mr. John Dresser.
Mr John Abbott. II II
]\Ir. John Wlaite.
Quartermaster Tobijah Pei"-
kins.-^f
Mr. John Pebody.***
Taunton,
Sivanzey,
Rehoboth,
County of Bristol.
Mr. Ebeuezer Brenton.
Mr. Robert Crosman.
Mr. Ephraim Perce
Mr. John Hunt.
Little Compion, Mr. Henry Head.
CoitNty of York. •
York, Mr. Samuel Donnell.
Kittery, j\Ir. Charles Frost.
Island of Nantucket.
Mr. James Coffin.
JOHN WHITE, Clerk.
JAMES MAXWELL, Doorkeeper to the Governor, Council, and General
Assembhj .y^^^
JOHN ARNOLD,
ELKANAH PEMBROOK,
(Messengers of the House of Representa-
■
lives.****
* Written " Heldrath," evidently by John Pebody, for Hildreth, who made hi.s marlc.
t " Chose Ensign John Peirce. He utterly refused. Chose Capt. Edw. Johnson. He said he could
not, taut was persuaded to." — Toion records.
X " Lieut.," in the town records, but " Mr.," and " Tuffts," in the Secretary's list.
(J " Deacon," in the town records, but " Mr.," in the Secretary's list.
II Chosen May 20th, in p'ace of Benjamin Lynde, who refused to serve.
H " Major," in ihe town records, but " Mr.," in the Secretary's list.
** " Deacon," in the town records, but " Mr.," in the Secretary's list, and " Knowlton," in both.
tt " Lieut.," in the town records, but '■ Mr.," in the Secretary's list.
XX " Capt. John Burril," in the Secretary's list, but " John Burrill, jun.," in the town records.
^^ " Ensign," in the towTi records, but '• Mr.," and " Fairfield," in the Secretary's list.
nil " Abbot," in the Secretary's list
HIT " Quatermastcr," and " Tobiiah," in the town records.
*** " Peabody," in the Secretary's list. Lieut. Perley was chosen with him *'to serve by turns, one at a
time." See note to Woburn in legislative list for 1696 ; also notes to Springfield and Hatfield, in legislative
list for 1698.
ttt '• Fowler," in the town records, and in the Secretary's list.
XXX I^ the Secretary's list; Irat he does not appear to have taken or subscribed the qualifying oaths.
ij^) Subscribed the qualifying oaths, but not in the Secretary's list.
mill " Pearce," in the town records.
HHH See resolve, ;)o«;, 1701-2, chapter 29.
***-* These messengers served specially at different times. See resolves, post, 1700-1, chapters 97, 93, 99.
RESOLVES, ORDERS, VOTES, ADDRESS,
DMUGIIT OF A CHARTER,
LETTERS, ETC.
Passed at the Session begun and held at Boston,
ON the Twenty-ninth day of May, A. D. 1700.
CHAPTER 1.
AGREEMENT BETWEEN THE COUNCIL AND REPRESENTATIVES AS TO
PROCEEDINGS IN THE CHOICE OF COUNCILLORS FOR THE YEAR
1700-1.*
Capt. Samuel Partrigg, M""- Brenton, Capt. French and Capt.
Browne, members of the house of representatives, came up with a
message from the house to acquaint his lordship and the boai'd that
the house had resolved to proceed in the election by putting in votes for
nineteen councellours for the late colony of the Massachusets Bay, five
for the late colony of Plimouth, thi'ee for the late province of Main, and
one for vSagadahock, desiring the concurrance of the board therein ;
whereupon, the question being put, it passed in the negative, and
Elisha Cooke, Esq''-, and the secretary, were ordered to acquaint tlie
house therewith, and that the board were of opinion the former usage
was the best ; viz'-, First to elect eighteen for the territory formerly
called the colony of the Massachusets Bay, four for the territory for-
merly called the colony of Plymouth, one for the territory lying
between the river of Sagadahock and Nova Scotia, three for the terri-
tory formerly called the province of Main, and then two at large within
any part of the province.
After which, the s*^- Capt. Partrigg, and other members of the house
of representatives that came up with the afores*^- message, came up a
second time with a message from that house, that the house insisted
upon their former resolve, which, being considered by the board and
* See, ante, chapter 10, of the resolves, etc., for the year 1692-3. Although from the Jie-
ginning, the number of councillors chosen annually was distributed as follows: nineteen
from the territory embraced in the former colony of Massachusetts, five from the terri-
tory formerly constituting Plymouth Colony, three from the province of Maine, and one
from the territory east of the river Sagadahoc, it appears that two of these councillors
were elected at large, and that therefore there was no departure from the rule established
by the agreement of March 11, 1692-3, above referred to. The present agreement was the
result of an attempt on the part of the representatives to make the above distribution,
which had been accidental, permanent and regular. This attempt was opposed by the
Council, and this chapter, which fixed the number of councillors to Ije chosen from the
territory of the old colony of Massachusetts at nineteen, but left one still to be chosen
at large, was agreed to as a compromise for this year only.
[241]
242 Peovince Laws {Resolves etc.). — 1700-1. [Chaps. 2-4.]
the question being again put for a concurrance, it past in the nega-
tive, and the board discovered their opinion to proceed in the former
method, and ordered that Coll. Pyncheon, M' Cooke, Coll. Hathorne,
Capt. Sewall and the secretary, acquaint the house of representatives
therewith.
Then a message was again sent up from the house of representa-
tives, that they adhered to their resolve.
AVhereupon a conference was desired between the houses, and M""
Speaker and the representatives came up to the council chamber, where,
after a conference had, the council consented for this time to put
in votes for nineteen for the late Massachusets colony, the rest of the
election to proceed according to former usage. \_Agreed to by both
branches May 29.
CHAPTER 2.
RESOLVE FOR ArPOINTING A JOINT COMMITTEE OF THE GENERAL
COURT TO TREAT WITH THE COMMISSIONERS FROM CONNECTICUT
RESPECTING THE BOUNDARY BETWEEN THAT COLONY AND THIS
PROVINCE. [Passed June 4.
\_Printed with resolves^ orders, etc., relating to the establishment, etc.,
of towns, ete.]
CHAPTER 3.
RESOLVE APPOINTING A HEARING ON THE PETITION OF THE TOWN
OF NEWTON RESPECTING THE MAINTENANCE OF THE GREAT
BRIDGE OVER CHARLES RIVER, AND FOR NOTIFYING THE TOWN
OF CAMBRIDGE THEREOF. [Approved June 4.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 4.
RESOLVE FOR PAYING SEVEN POUNDS OUT OF THE PROVINCE
TREASURY TO THEOPHILUS FARRINGTON OF LYNN, A SOLDIER
WOUNDED IN THE KING'S SERVICE.
A PETITION of Theophilus Farrington, praying some relief from the
province, he having lost one of his eyes in his majestie's service
against the late French and Indian enemy, in the year 1690, with the
resolve of the house of representatives thereupon, that there be paid
out of the public treasury of the province seven pounds money to the
s'^- petitioner towards his relief and payments for his cure, was reac^ at
the board and the said resolve concurred with by the same. [Ap-
proved June 7.
[IsT Sess.] Province 1jW\& {Itewlves etc.). — 1700-1, 243
CHAPTER 5.
ORDER REFERRING TO THE NEXT SESSION THE PETITION OF THE
INHAHITANTS OF BERWICK FRAYING TO BE MADE A TOWNSHIP,
AND FOR NOTIFYING THE TOWN OF KITTERY, ETC. [Approved June 7.
[^Prinled with resolves, orders, etc., relating to the establishment, etc.,
of toivns, etc.^
CHAPTEK 6.
VOTE FOR REMITTING TO THE TOWN OF WRENTHAM TWENTY
POUNDS OF THE PROVINCE TAX ASSESSED UPON SAID TOWN IN
THE YEAR 1696.
A PETITION of the inhabitants of the town of Wrentham, setting
forth that the said town, by reason of the late war and other dis-
tressing providences of God, is brought very low, and therefore praying
to be remitted the sum of twenty pounds assessed upon them as their
proportion of a tax granted to his maj'>'»* in tlie year 1696, was sent
up from the representatives, with the vote of that house thereupon,
that the said sum of twenty pounds be remitted to the petitioners and
order issued to the treasurer accordingly. \_Concurred in by the Coun-
cil, and passed June 7.
CHAPTER 7.
ORDER DIRECTING ELISHA HUTCHINSON TO PROCURE A SURVEY OF
SIX HUNDRED ACRES OF LAND, TO INCLUDE THE THREE HUNDRED
ACRES GRANTED TO HIS FATHER, EDWARD HUTCHINSON, IN 1674,
ETC., AND TO MAKE RETURN THEREOF TO THE GENERAL COURT.
[Passed June 8.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 8.
VOTE FOR PAYING TWELVE POUNDS OUT OF THE PROVINCE TREAS-
URY TO JOHN HARVEY OF AMESBURY, A SOLDIER WOUNDED IN
THE KING'S SERVICE.
A PETITION of John Harvey of Aimsbury, praying some relief out of
the province treasury towards paying for the cm-e of several wounds
by him formerly received in his majestie's service, which lately broke
out afresh, to the great hazard of his life, and to his great cost, besides
his pains and loss of time he hath suffered thereby, was sent up from
the representatives with the vote of the house thereupon, that there be
paid to the petitioner the sum of twelve pounds out of the public
treasury for his relief and full satisfaction for his cure. [^Concurred
in by the Council, and approved June 10.
* Sic.
244 Province Laws {Resolves etc.) . — 1700-1. [Chaps. 9-13.]
CHAPTER 9.
RESOLVE REJECTING THE PROPOSALS MADE BY THE COMMISSIONERS
FROM CONNECTICUT, RESPECTING THE BOUNDARY LINE, AND FOR
CONTINUING THE COMMITTEE APPOINTED TO TREAT WITH THEM
[Passed June 10.
\^Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 10.
ORDER DIRECTING WILLIAM WHITING OF HARTFORD TO PROCURE
A SURVEY OF ONE THOUSAND ACRES OF LAND GRANTED TO HIS
FATHER. JOHN WHITING, IN 1684. [Approved June 11.
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 11.
VOTE FOR GRANTING FIFTEEN POUNDS OUT OF THE PROVINCE
TREASURY TO SAMUEL AUSTIN OF CHARLESTOWN, FORMERLY OF
AVELLS, IN CONSIDERATION OF HIS SERVICES FOR THE PUBLIC.
Voted, That iu consideration of divers good services formerly done
for the publick by Samuel Austin, formerly of Wells, inholder, but
now of Cliarlestown (he being now reduced to great want) , tlie sum of
fifteen pounds be granted to him and paid out of tlie publick treasury.
[^Approved June 12.
CHAPTER 12.
RESOLVE FOR TENDERING CERTAIN PROPOSALS BY THE GENERAL
COURT TO THE COMMISSIONERS FROM CONNECTICUT, FOR SETTLING
THE BOUNDARY BETWEEN THAT COLONY AND THIS PROVINCE.
[Approved June 13.
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.^
CHAPTER 13.
RESOLVE APPOINTING A HEARING UPON THE PETITION OF THE
TOWN OF FRAMINGHAM PRAYING TO BE MADE A TOWNSHIP, AND
FOR NOTIFYING THE TOWN OF SHERBURNE, ETC. [Approved June 13
[_Printed with resolves, orders, etc., relating to the establishment, etc.,
oftoions,etc.'\
[1st Sess.] Province Laws {Resolves etc.). — 1700-1. 245
CHAPTER 14.
RESOLVE DETERMINING HOW THE EXPENSE OF REPAIRS ON THE
GREAT BRIDGE IN CAMBRIDGE, OVER CHARLES RIVER, SHALL BE
DEFRAYED. [Approved June 13.
^Printed in the note to the act of July IS, 1699.^
CHAPTER 15.
VOTE FOR ADOPTING THE DRAUGHT OF AN ADDRESS* TO THE KING
CONCERNING THE ENCROACHMENTS OF THE FRENCH, AND THE
ESTABLISHMENT OF HARVARD COLLEGE.
The address to his majesty referring to the encroachm'"- of the
French, and for the settlement of the colledge, as reported by the com-
mittee, was read, and, with some alterations tlierein made, —
Agreed to and sent down to the house of representatives, and was
again returned from that house with their coucurrance thereto. [^Passed
June 14.
CHAPTER 16.
RESOLVE APPOINTING A HEARING ON THE PETITION OF THOMAS
HINCKLEY PRAYING THAT TWO HUNDRED ACRES OF LAND NEAR
SECONET MAY BE LAID OUT TO HIM ACCORDING TO A FORMER
GRANT, AND FOR NOTIFYING THE PROPRIETORS OF SECONET AND
LITTLE COMPTON, ETC. [ApproveclJune 14.
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of toivns, etc.'\
CHAPTER 17.
VOTE APPOINTING A COMMITTEE TO SETTLE, ETC., THE BOUNDARY
LINE BETWEEN THE TOWNS OF DEDHAM AND NATICK, AND TO
MAKE RETURN OF THEIR DOINGS, ETC. [Approved June 13.
'[Printed with resolves, orders, etc., relating to the establishment, etc.y
of towns, e^c]
* No copy of this address has l)een discovered in the archives.
24G Province Laws {liesolves etc.). — 1100-1. [Chaps. 18-20.]
CHAPTER 18.
VOTE FOR APPROVING AND ALLOWING THE PROVINCE TREASURER'S
ACCOUNTS FROM MAY 31, 1699, TO MAY 27, 1700.
The accompts of M''- James Taylor, treasurer and receiver-general
of this province, beginning the 31" day of May, 1699, and continued
uuto the 27'^ of May, 1700, amounting unto the sum of thirteen thou-
sand one hundred and seventeen pounds three shillings, having been
presented and laid before the house of representatives and inspected by
s*^' house, by which it appears there was standing out on the s''- 27""
of May, of the several assessments, three thousand seven hundred
twenty-five pounds fourteen shillings and tenpence ; in the hands of
the farmers of the duty's of excise, one hundred fourteen pounds four
shillings and sixpence; as also of the duty's of impost, etc., in the
hands of John Walley, Esq''-, late comissioner, sixty pounds, to be
drawn into the treasury and farther to be accompted for, —
Voted, That the s*^- accompts, in the several articles of receipts and
payments therein mentioned, amounting unto nine thousand two hun-
dred seventeen pounds three shillings and eightpence, be and hereby
are approved and allowed of, and the said treasurer is hereby dis-
charged of the said sum of nine thousand two hundred and seventeen
pounds three shillings and eightpence. \_AppTovecl June 15.
CHAPTER 19.
VOTE FOR CONFIRMING AN ORDER OF THE GENERAL COURT OF THE
LATE PLYMOUTH COLONY FOR SEPARATING THE CHURCH AND
SOCIETY UPON THE NORTH RIVER IN SCITUATE FROM THE
LOWER SOCIETY IN SAID TOWN, AND ERECTING THEM INTO A
PRECINCT. [Approved June 17.
\_Pnnted with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc. 2
CHAPTER 2 0.
ORDER, ON THE PETITION OF JOSEPH ESTABROOK, AND OTHERS,
PRAYING FOR A GRANT OF THE LAND AT NASHOBA FOR A TOWN-
SHIP, APPOINTING A COMMITTEE TO VIEW THE SAME AND RE-
PORT AT THE NEXT SESSION; ALSO DIRECTING THAT THE GRANT
OF ONE THOUSAND ACRES TO SIR HENRY ASHURST BE LAID OUT
THEREIN, ETC. [Approved June 17.
\^Pi'inted with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.'\
[1st Sess.] Pkovingk Laws (liesolves etc.). — 1700-1. 247
CHAPTER 21.
VOTE, ON THE PETITION OF THE TOWN OF BOXFOllD PRAYING THAT
ENDICOTT'S AND GOULD'S FARMS, FORMERLY ORDERED TO BE
TAXED IN TOPSFIELD, MAY BK TAXED IN BOXFORD, APPOINTING A
COMMITTEE TO VIEW THE PREMISES AND REPORT, ETC. [Approved
June 1 7.
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.'\
CHAPTER 22.
VOTE FOR PAYING TEN POUNDS OUT OF THE PROVINCE TREASURY
TO THE TOWN OF YORK, TOWARDS THE SUPPORT OF THE MINISTRY
THERE, ETC.
A PETITION of Samuel Donnel, repi'esentative for the town of York,
praying some supply out of the public treasury towards the maintain-
ance of the minister in said town, was sent up from the representa-
tives with the vote of that house thereupon, that there be paid out of the
public treasury for the help of the said town of York, for and towards
the support of the ministry of said town for the year ensuing, the sum
of ten pounds. [^Concurred in by the Council, and approved June 17.
CHAPTER 23.
VOTE FOR PAYING FIVE POUNDS OUT OF THE PROVINCE TREASURY
FOR REPAIRING THE HIGHWAY TO CONNECTICUT, BETWEEN
WORCESTER AND BROOKFIELD.
A REPRESENTATION made by John Pyncheon and Samuel Partrigg,
Esq"-, John Clark, Isaac Phelps and Haniel Marsh, that the stated
road to Connecticut, especially betwixt Worster and Brookfield, is very
much incumbred with trees fallen and many rocky swamps and other
obstructions to travellers, drovers and others, to the hazarding life or
limb of both men and horses, was sent up from the representatives with
the vote of that house thereon, that the sum of five pounds be paid
out of the public treasury of this province for the mending the road
aforesaid, when it is mended and rendred conveniently passable, and
that the said John Pynchon r.nd others, above named, be a committee
to take care of the performance of s*^' affair. \_Concurred in by the
Council, and approved June 17.
CHAPTER 24.
RESOLVE FOR ESTABLISHING THE BOUNDARIES BETWEEN FREETOWN
AND TIVERTON. [Approved June 17 .
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.'\
248 FiioviNCE Laws (Besolves etc.). — 1700-1. [Chaps. 25-28.]
CHAPTER 25.
VOTE ON THE PETITION OF THE TOWN OF BILLERICA APPOINTING
A COMMITTEE TO VIEW AND SETTLE THE BOUNDARY LINES
BETWEEN SAID TOWN AND BLOODS' FARMS, AND BETWEEN SAID
TOWN AND THE TOWNS OF CONCORD AND CHELMSFORD. [Approved
June 20.
[^Printed ivith resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.'\
CHAPTER 26.
VOTE FOR AUTHORIZING THE GOVERNOR, ETC., TO TAKE MEASURES
AT THE EXPENSE OF THE PROVINCE FOR THE RECOVERY OF
CAPTIVES IN THE HANDS OF THE INDIANS.
A PETITION of Samuel Gill of Salisbury, praying y*- such assistance
raay be granted as shall be effectual for obtaining the liberty of his
son, Samuel Gill, and others that are captives in the hands of the
French and Indians, was sent up from the representatives with the
vote of that house thereon, that his excellency, with the advice and
consent of the council, take such care for the recovery of the captives
that are in the hands of the French and Indians as in their wisdom
shall see meet, at the charge of the province. [^Concurred in by the
Council, and approved June 20.
CHAPTER 27.
RESOLVE FOR APPOINTING A COMMITTEE TO ASCERTAIN THE
SOUTHERNMOST PART OF CHARLES RIVER, ETC., AND TO FIND
THE SOUTHERN LINE OF THE COLONY OF MASSACHUSETTS BAY
AS IT WAS RUN BY NATHANIEL WOODW.\RD AND SOLOMON SAF-
FERY. [Approved June 21 .
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 28.
VOTE FOR PAYING TEN POUNDS AND AN ANNUAL PENSION OF FOUR
POUNDS OUT OF THE PROVINCE TREASURY TO JOHN BAKER OF
SWANZEY, A SOLDIER WOUNDED IN THE KING'S SERVICE.
A PETITION of John Baker of Swanzey, a souldier wounded in his
jjj^jtic's. service, praying relief from the public in consideration
thereof, was sent up from the representatives with the vote of that
house thereon, that there be paid to the petitioner for his present re-
liefe, ten pounds out of the treasury of the province, and for the future
a pension of four pounds per annum till this court shall see cause to
order otherwise. [Concurred in by the Council, and approved June 22.
[1st Sess.] Pkovinge Ijx-ws {liesolves etc. ) . — 1700-1. 249
CHAPTER 29.
RESOLVE APPOINTING A HEARING ON THE PETITIONS OF THE IN-
HABITANTS OF THE MIDDLE AND EASTERLY PARTS OF WATER-
TOWN, RELATING TO THE SUPPORT OF THE MINISTRY. [Approved
June 22.
\_Printed loith resolves^ orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 3 0.
VOTE DIRECTING JOHN WADE TO PROCURE A SURVEY OF EIGHT
HUNDRED ACRES OF LAND, GRANTED TO HIS GRANDFATHER,
JONATHAN WADE, LATE OF IPSWICH, DECEASED, IN 1661. [Approved
June 22.
\^Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 81.
VOTE FOR PAYING SIX POUNDS OUT OF THE PROVINCE TREASURY
TO MARGERY WILLIAMS, RELICT OF ROBERT WILLIAMS, LATE OF
BOSTON, DECEASED, IN FULL SATISFACTION OF A GRANT OF EIGHT
POUNDS MADE TO HIM BY THE GENERAL COURT OF THE LATE
COLONY OF MASSACHUSETTS BAY.
A PETITION of Margery Williams, relict of Robert Williams, late of
Boston, dec*^-, praying that payment may be made her of eight pounds,
which the general court of the late colony of the Massachusets,
held in May, 1691, ordered to her said late husband in country pay,
for his (then) last year's service for the country, was sent up from the
representatives with the vote of the house thereon, that there be paid
to the petitioner six pounds money out of the public treasury of this
province, in full satisfaction of the said order of the general court
aforesaid. [Concurred in by the Council, and approved June 24.
CHAPTER 32.
ORDER FOR ERECTING THE PLANTATION CALLED FRAMINGHAM INTO
A TOWNSHIP BY THE SAME NAME. [Approved Ju7ie 2o.
\_Printed imth resolves, orders, etc., relating to the establishment, etc.,
of towns, etc^
250 Pkovince Laws {Resolves etc.). — 1700-1. [Chaps. 33-36.]
CHAPTER 33.
ORDER FOR CONTINUING AND FURTHER DIRECTING THE COMMITTEE
TO SETTLE, ETC., THE BOUNDARY LINE BETWEEN THE TOWNS OF
DEDHAM AND NATICK, ETC. [Approved June 26.
\_Printed tvith resolves^ orders.^ etc., relating to the establishment^ etc.^
of toiuns, etc.^
CHAPTER 34.
VOTE FOR PAYING TWELVE POUNDS OUT OF THE PROVINCE TREAS-
URY TO THE MINISTER OF THE FRENCH PROTESTANT CONGREGA-
TION IN BOSTON, FOR THEIR ENCOURAGEMENT AND HIS SUPPORT.
A PETITION of John Rawliugs, Peter Chardon and Rene Grignon,
elders of the French congregation in Boston, praying for some assist-
ance for their subsisting of their minister, was sent up from the repre-
sentatives with the vote or resolve of that house tliereupon, that for
their encouragement as strangers, and for the carrying on the public
worship of God amongst them, there be paid unto their minister twelve
pounds out of the publick treasury. [ Concurred in by the Council, and
ajyproved June 29.
CHAPTER 35.
ORDER APPOINTING A COMMITTEE TO SELECT, ETC., LANDS FOR THE
ACCOMMODATION OF THE INDIANS OF TIVERTON, AND TO REPORT
THEREON AT THE NEXT SESSION. [Approved June 29.
[^P^'inted with resolves, orders, etc., relating to the establishment, etc.,
of towns, efc]
CHAPTER 36.
RESOLVE FOR REVIVING AND CONTINUING, ETC., THE COMMITTEE
APPOINTED JULY 19. 1699, TO EXAMINE, ETC., THE ACCOUNTS OF
CLAIMS, ETC., UNDER THE GOVERNMENT OF SIR EDMUND. ANDROS,
ETC., AND FURTHER DIRECTING THEM; ALSO FOR ALLOWING
FIFTY POUNDS OUT OF THE PROVINCE TREASURY TO BE EQUALLY
DIVIDED AMONG SAID COMMITTEE, AS A REWARD FOR THEIR
SERVICE.
Resolved That the Committee by this Court Appointed in the ses-
sion thereof begun and held at Boston May 31. 1699. To Inspect the
Ace'.' of the Debts claimed for Wages, and Service done for the Pub-
lick «&c. during the time of Sf Edmund Androsse his Governm^ be
revived, and Continued a Comittee for the Affair afores^ untill The
next session of this Court.
[1st Sess.] Pkovince Laws {Resolves etc.). — 1700-1. 251
That Advertisements be sent forth by s'-' Comittee throughout this
Province, to notify all Persons concerned to bring in their Claims, to
them, and
That The sum of fifty Pounds be allowed and Paid out of the Pub-
lick Treasury to the Gentlemen of Said Committee, equally to be
divided amongst them, as a present Acknowledgm^ of their service.
\_A];)proved July 2.
CHAPTER 37.
ORDER FOR ANNEXING TO THE TOWN OF MARLBOROUGH CERTAIN
LANDS FORMERLY RESERVED FOR AN INDIAN I'LANTATION-
[Approved July 2.
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 38.
ORDER FOR ANNEXING TO THE TOWN OF FRAMINGHAM J HE FARMS
OF DAVID RICE, THOMAS DRURY, AND OTHERS, ADJACENT TO THE
TOWN OF SUDBURY, ETC. [Approved July 5.
[^Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.'\
CHAPTER 39.
RESOLVE FOR ALLOWING AND GRANTING THIRTY POUNDS OUT OF
THE PROVINCE TREASURY TO BE EXPENDED BY THE GOVERNOR,
FOR SECRET INTELLIGENCE, ETC.
Resolved That the Sum of Thirty Pounds, be Allowed and Granted,
out of the publick Treasury : to be Disposed of by his Excellency for
Secret Intelligence, for the service of the Province. [Approved July 5.
CHAPTER 40.
VOTE FOR ALLOWING AND PAYING EIGHTY POUNDS OUT OF THE
PROVINCE TREASURY TO JOHN ARNOLD, LATE KEEPER OF THE
PRISON IN BOSTON, IN FULL SATISFACTION OF ALL ACCOUNTS
PRESENTED BY" HIM TO THE GENERAL COURT.
A REPORT of the comittee, appointed by the general assembly at their
session in March last, to examine and audit the accompts of John
Arnold, prison keeper in Boston, was sent up from the representatives
with the vote of that house thereupon, that the sum of eighty pounds
be allowed and paid out of the public treasury to the said John Arnold,
in full of all accompts by him laid before the general assembly.
[Concurred in by the Council, and approved July 8.
5^52 Province Laws {Resolves etc.). — 1700-1. [Chaps. 41-43.]
CHAPTBE 41.
VOTE FOR ALLOWING AND PAYING SIXTEEN POUNDS OUT OF THE
PROVINCE TREASURY TO THE TOWN OF WELLS TOWARDS THE
SUPPORT OF THE MINISTER AND BUILDING THE MEETING-HOUSE
THERE.
A PETITION of James Gooch, on behalf of the town of Wells, pray-
ing some allowance towards the compleating a meeting-house now erect-
ing in said town, and for the support of their minister, was sent up
from the representatives, —
Voted That There be Allowed and Paid out of the Publick Treasury,
the Sum of Ten Pounds towards the support of their Minister, and the
sum of Six Pounds towards building their Meeting-IIouse, to the
abovenamed Town of ^Yells. [^Concurred in by the Council^ and ap-
proved Jidy 8.
CHAPTER 42.
RESOLVE FOR ALLOAVING AND PAYING TWENTY POUNDS OUT OF
THE PROVINCE TREASURY TO THE WIDOW OF SAMUEL STORER,
LATE OF CHARLESTOWN, FOR HIS SERVICES IN THE LATE WAR
AGAINST THE FRENCH AND INDIANS.
In Consideracon of the Great service done by Mf Sam" Storer, late
of the Town of Charlestown dec$, in the late War against the ffrench
and Indian Enemy
Resolved That the Sum of Twenty Pounds be Allowed and Paid out
of the publick Treasury of the Province to the Widow of S'? Saml'
Storer. \_ Approved July 8.
CHAPTER 43.
DRAUGHT OF AN ADDRESS TO THE EARL OF BELLOMONT, GOVER-
NOR, ETC., REQUESTING HIM TO USE HIS INFLUENCE WITH THE
MINISTERS OF STATE IN ENGLAND TO PROMOTE THE OBJECTS OF
THE ADDRESS OF THE GENERAL COURT T0» THE KING.
The draught of an address unto his excellency, to improve his inter-
est in his maj'y- and the ministers of state relating to the matters con-
tained in the humble address of this court unto his maj'-''-, being agreed
upon by the committees of both houses, and reported by William
Stoughtoii, Esq''-, chairman of the said committees, was read at the
board and approved, and sent down to the repi'esentatives for concur-
rancc. \_Concnrred in by the House Jidy 9.
[1st Sess.] PiioviNCE Law?, (liesolveft elc.) . — 1700-1. 253
To his Excellency Richard, Karl of Bellomout Captain General and
Governour in Chief of his Maj''."" Province of the JNIassachusetts l>ay in
New England &c.
Tiiic iiuMBLK Aduukss of the Council & Representatives of the s^
Province of y° Massachusetts Bay.
Rt llono"!"
It haveing pleased yo- Excellency to consent and joyne witli us in
an humble Address to his IMajesty referring to the Encroachments of
the French in our Neighbourhood, as to boundarys & the priviledgc of
Fishing in the liigh Sea's on the Eastern Coasts. As also for a Settle-
ment of the Colledge at Cambridge within this Province, agreeable to
the Ends and Intent of the first Founders. And several Articles as
the heads of a Charter for Incorporating of the said Colledge haveing
been agreed to, we are bold to present the same herewith unto your
Lord^ And withal humbly to pray that 3'our Lord* would be pleased to
Improve your Interest in his Maj'? and the Ministers of State on
behalfe of this Province, for the obtainment of his INIaj"''*' Grace and
Favour in those matters of so momentous and Important Concern
contained in o- s'- Address
We Repose an entire Confidence in your Lord^ good inclinations &
favourable disposition to this People, and are very much Encouraged
to hope that by yo- Excy? IMediation We may find the desired Success
of our said humble Supplications to our Gracious Sovereign And we
jiray your Lord'? Advice what further Steps are fit to be taken by us
in order thereto, yo^ Excy- acceptance of the trouble of this Affayre
will infinitely oblige us to acknowledge the same with all possible
Gratitude — and for ever to remain as we Sincerely are.
W Ilon*!^
Boston July 1 2"^ 1 700 Yo^ Lord^? most humble
& most obedient Serv'?
signed Is."^ Addington Seen/
in the name & by order of y" Comicil
John I^everett Spealcl
In y^ name & by order of y" Representatives
CHAPTER 44.
RESOLVE FOR ALLOWING SIXTY POUNDS TO ANTHONY CHECKLEY,
ATTORNEY-GENERAL, FOR HIS SERVICES TO DATE.
The petition of Capt. Anthony Checkley. attorney-general of this
province, was returned from the representatives with the concurrance
of that house with the resolve of the board thereupon, past the 22*^ of
June last, and then sent down ; viz'-, —
Resolved. That there be Sixty pounds allowed the Pet^ for his Ser-
vice hereunto. [^Approved July 9.
254 Frovincb hAVfS {Besolves etc.). — 1700-1. [Chap. 45.]
CHAPTER 45.
RESOLVE FOR AFFORDING RELIGIOUS INSTRUCTION TO, AND FOR
PROMOTING TRADE, ETC., WITH, THE FRIENDLY INDIANS.
In Order to the Setling of the Eastern Indians under Obedience to
his Majesty.
Resolved^ That it's highly necessary speedily to procure and send three
able Learned Orthodox Ministers to have their residence among the said
Indians and the Indians on Merrimack River, at such places as the
Governo? or Coihander in chief by and with the Advice & Consent of
the Council shall thinke fit to appoint, to Instruct them in the true
Christian Religion.
That the said IMinisters be allowed & paid the Sum of One hundred
and Twenty pounds ^ annu Each for their Encouragement and Support.
That they be strictly prohibited from Trading with the Indians, oi
receiving anything from them, more than for their present accomoda-
tion.
And that they be ad\ased to invite them to embrace the true Chris-
tian Religion by extending Charity to them from time to time as Occa-
sion may present.
That the Hon*?* Gentlemen Agents of tlie Corporation for Propa-
gating the Gospel amongst y~ Indians be applyed unto. That the said
yearly allowance to the Ministers so Imployed, or the greater part
thereof may be advanced and paid out of the Stock under their
Management, and the profits thereof ; And that they would improve their
Interest in the Corporation for the Obtaining of larger Allowances
towards the carrying on of said worke.
That the Neighbouring Provinces & Colonys be applyed unto and
excited to joyne their assistance in carrying on so necessary and pious
a worke.
That a Trading house with a sutable Fortification be Erected in such
place in Casco Bay where the Governour or Commander in Chief with
the Advice and consent of the Council shall think most proper.
That a Smith be kep't at the s*^ Trading house and tliat the Indians
have their Fire armes & Hatchets amended and repaired from time to
time at a reasonable charge.
That the Sum of three hundred pounds be advanced and paid out of
the Publick Treasury of the Province for and towards the building s*?
Fortification and Trading house.
That this Government do Support the whole charge of the carrying
on and maintaining of what is herein before proposed and directed
over and above such Assistance as shall be Obtained from the Neigh-
bouring Governments, and the Hon"'® the Corporation for the Indian
Affayr.
That his Excell7 be humbly prayed to Endeavour that the like care
and Provision may be had and made for the Indians within the Prov-
ince of New-Yorke under his Lord^^ Government, for the Supplying of
them with able Learned Ministers and otherwise as herein is pro-
posed. — . \_Approved July 9.
[1st Sess.] Froyi'sckIjAWH (liesolves etc.). — 1700-1. 255
CIIAPTEK 46.
RESOLVE ESTABLISHING THE SALARY OF THE PRESIDENT OF HAR-
VARD COLLEGE AND REQUIRING HIM TO RESIDE IN CAMBRIDGE;
ALSO APPOINTING A COMMITTEE TO NOTIFY INCREASE MATHER
OF HIS ELECTION TO THAT OFFICE, ETC.
In the House of Representatives July 9* 1 700
Resolved That the Suiu of Two Hundred and Twenty Pounds ^
ann" be Allowed and Paid out of the Publick Treasury, to the Presi-
dent of Harvard Colledge, already chosen, or that shall be chosen by
this Court.
That the Person chosen President of Harvard Colledge Shall reside
at Cambridge
That Cap' Tim? Clark, Cap? Sam'} Phipps, and Cap? John Burrill, be
a Comittee to join with a Comittee of the Board, To wait on the Rev-
erend Mf Increase Mather, and acquaint him, that this Court hath
chosen him Presid? of Harvard Colledge, and Desire's, him to accept of
s^ office and so, Expect's, that he Repair to & reside at Cambridge, as
soon as may be ; The s"? Comittee to make Report of S*? Presid'.' Answer
to this Court.
Sent up for Concurrence. John Leverett Speaker
In Council July. 10"' 1700. Read and Voted a concurrance And
that Samuel Sewall Esq^ with the persons abovenamed by the house of
Representatives wait on m^ Mather on the Message abovesaid.
1st Addington Secry.
\ Approved Jidy 10.
CHAPTER 47.
RESOLVE FOE, REFERRING THE ACCOUNT OF JOHN USHER, TREASURER
OF NEW ENGLAND UNDER THE ADMINISTRATION OF SIR EDMUND
ANDROS, TO A JOINT COMMITTEE TO INSPECT, ETC., THE SAME,
AND REPORT.
Resolved^ That the accompt of John Usher, Esq""- , returned by the
comittee appointed to inspect the accompts of debt for wages and
service done for the public during the time of S""- Edmund Andros's
government, not acted upon, be referred to the committees of both
houses, for their consideration and report thereon to whom the petition
of said Usher is referred. * \_Approved July 10.
CHAPTER 48.
RESOLVE FOR ALLOWING TWO HUNDRED POUNDS TO JAMES TAYLOR,
TREASURER OF THE PROVINCE, FOR HIS SERVICES IN THE YEAR
1699-1700.
Resolved, That the sum of two hundred pounds be allowd and paid
out of the public treasury unto M''- James Taylor, treasurer and
receiver-general of this province, for his service in said office the year
past. [Approved Jrdy 10.
• This committee on Usher's petition, was appointed July 9.
256 Province Laws {Resolves etc.). — 1700-1 . [Chaps. 41), 50.]
CHAPTER 4 9.
RESOLVE CONSTITUTING THE COMMITTEE APPOINTED JULY 19, 1099,
TO EXAMINE, ETC., THE ACCOUNTS OF CLAIMS, ETC., UNDER THE
GOVERNMENT OF SIR EDMUND ANDROS, ETC., A COMMITTEE TO
GRANT DEBENTURES, ETC., AND LIMITING THE TIME FOR THE
RECEPTION OF CLAIMS BY SAID COMMITTEE.
Resolved That Peter Sergeant, John Walley Esq" Cap? Jacob Green,
Mf ffraucis Burroughs, & Mf Joseph Parsons. (Continued a Comittee,
to Inspect the Ace- of Debts for Wages, and service done for the
Publick c^c^ during the time of S- Edm*^' Androsse's Governm?) bo &
hereby are App'i? and Impowered a Comittee they or any three of tliem
to Grant Debenturs to all Such Credit" as to their Satisfaction, Shew
forth their Claims to be just and due. such Debenturs to be directed to
the Treasurer of the Province, and he to malve Payra? accordmgly.
That all Claim? of Debts as af ores'* Shall if the Committee afores?
see meet, be put upon Swearing before* before them, what they haue
received already either as wages, or of the Coihissary.
That the Coiiiittee afores*^ have Power to make such Deductions,
and Alteracous, as upon further luformacon there may be reason for,
and that none ha.ve Debenturs but the Persons to whom, they are due
or such as legally represent them, and
That S*^ Comittee shall receive Claims from Persons in the Province,
for and by the Space of halfe a year and no longer from this time, and
from such as are out of the Province till next May - session of this
Court & no longer, which They the s^ Coinittee are to signify in theif
Advertisem^ ^Approved July 10.
CHAPTER 50.
VOTE FOR ACCEPTING THE REPORT OF THE COMMITTEE APPOINTED
TO INQUIRE INTO, ETC., THE EXPEDIENCY OF MAINTAINING THE
NEW BRIDGE OVER TAUNTON GREAT RIVER, AND FOR APPOR-
TIONING THE EXPENSE OF REBUILDING SAID BRIDGE.
Wii AREAS we the subscribers, were appointed a Committe by the
Create and Generall Coui't or asembley for his maj- prouiuce of the
masathusets Bay, at thir Last setting march y? 23: day: 1699: to
inquire and make Report concerning the building of a bridge ouor
taunton Great Riuer at the southerly peart of said taunton, and the
nesesaty thereof, as allso the publick use. And to consider the Beuifit
the towns of freetown, tiuertown, Littell compton and Dartmouth haue
thereby &c : In ordor thereunto we haue car'fulley made inquirey as to
the premises, of the seuerall towns and allso haue bin at taunton. And
upon our best information with the best of our judgements, Do finde
that the building of a bridge there will be of uery Great use and benifit
to tlie publick, and in a speshall maner to the southerly parts, and in
pellicular to the town of taunton freetown, tiuer town, Littell comp-
ton, and the chefest part of dartmouth And allso we haue information
• 5?tc.
[1st Sess.] Pkovinck Lawh {liesolvcs etc.). — 1700-1. 257
from dartmouth that thay haue but two Bridges in tliir town, and at
Littell compton thay luiuc non, nor at tiuertown, and at frcetown thay
hanc but one,
and so we subscribe your honours servants.
JosiAii Edson
Joseph Kext
John Hunt
Voted Tliat the above Report be accepted, & the Towns therein
named, be at the cliargc of Rebuikling the Bridge thcire mentioned,
And tliat the Comittee aboves'-' be a Comittee to Proportion, the Charge
that each of tlie Towns aboveracntioned shall bear towards Rebuilding
S*^ liridge. \^Approvecl July 10.
CHAPTER 51.
RESOLVE AND ORDER FOR EXPLANATION OF A FORMER ORDER RE-
LATING TO FRAMINGHAM AND ANNEXING THERETO ALL THE
LANDS IN SHERBURNE AVHICH, IN 1679, BELONGED TO THOMAS
DANFORTH AND WERE EXCEPTED IN THE CONFIRMATION OF THE
TOWNSHIP OF SHERBURNE BY THE GENERAL COURT. [Approved
JhIij 11.
[^Printed with resolves, orders, etc., relating to the establishment, etc.,
of toions, ete.]
CHAPTER 52.
DRAUGHT OF A CHARTER OF INCORPORATION FOR HARVARD COL-
LEGE, TO BE SOLICITED OF THE KING; AND THE VOTE FOR AP-
PROVING THEREOF.
Draught of a Charter of Incorporation for Harvard Colledge at
Cambridge in New-England, agreed by the Council and House of Rep-
resentatives of his Maj"^' Province of the Massachusetts Bay, to be
humbly Sollicited for to his Maj'ty. [July 12.
AVilliam the Third by the Grace of God of England Scotland France
and Ireland King Defender of the Faith &c. To All unto whom these
presents shall come Greeting.
"Whereas there hath been for many yeares in the Town of Cambridge
in the County of Middlesex within our Province of the Massachusetts
Bay in New England in America. A society commonly known by the
name of Harvard Colledge where many persons of known worth have
by the Blessing of Almighty God been educated, and the better fitted
for publick Imployments. both in the Church and in the Civil state
And whereas due encouragement of good Literature Arts and sciences
will tend to the honour of God the advantage of the C'hristian Pi'otestant
Religion and the great benefit of Our subjects inhabiting within our
Province afores*? both in the present and succeeding generaCms And
whereas the Governour Council & Assembly of our s'' Province of the
Massachusetts Bay in New England, by their humble Address have
supplicated our Royal Grace and favour- in the settlement of the afores*^
258 Frovince LiAWS (Besolves etc.) . — 1700-1. [Chap. 52.]
Colledge that it may be done in such manner as may effectually secure
the same to be a nursery for the supplying the Churches in our s''
Province with able learned INIinisters agrealjle to the chief end and in-
tent of the first Founders of the s^ Colledge —
Wee therefore being graciously pleased to gratify Our s'-' subjects —
Of our special Grace certain knowledge and meer motion Have Willed
<and Ordained And Wee do by these p'sents for us, our heires and suc-
cessors will & ordain That the s'? Colledge in Cambridge in the County
of Sliddlesex within Our Province of the Massachusetts Bay in New
Englaud afores'? shall from henceforth be a Corporation consisting of
seventeen persons That is to Say — A President Vice President and fif-
teen Fellows, And that Increase IMather shall be the first President
Samuel AVillard Vice President, James Allen Michael Wigglesworth-
Samuel Torrey, Nehemiah Hubbard- Peter Thacher- Samuel Angler
John Dauforth, Cotton Mather, Nehemiah Walter, Henry Gibbs, John
White, Jonathan Pierpont, aud Benjamin AVadsworth, IMasters of Art
and all of them Inhabitants in our Province of y'^ Massachusets Bay
afores- together with the two senior Tutors resident at the s'' Colledge
for the time being — shall be the fifteen Fellows, and the first seventeen
persons whereof the s^ Corporation shall consist. Which s'^ Increase
Mather, SamV Willard, James Allen, Michael Wigglesworth — Samuel
Torrey Nehemiah Hubbard Peter Thatcher Samuel Angier, John Dan-
forth Cotton IMather Nehemiah Walter, Henry Gibbs, John White,
Jonathan Pierpont Benjamin Wadsworth and the two senior Tutors
residing at the s'J Colledge for the time being and their successors shall
for ever hereafter be one body Politick and Corporate in Fact and
name to all intents and purposes in Law, by the name of the President
& Fellows of Harvard Colledge At Cambridge in New England — And
that by that name they shall have perpetual succession Aud by the
same name they and their successors shall and may be capeable and
enabled as well to implead as to be impleaded — and to prosecute demand
and answer and be answered unto in all and singular Suits causes
(juarrels & actions of what nature and kind soever — Aud also to have
take acquire and purchase or receive upon free gift or donation any
Lands, Tenements or hereditaments not exceeding the value of three
Thousand pounds p annu. and any Goods Chattels sum or suiiis of
money whatsoever, to the use and behoofe of the said Corporation And
the same to lease grant demise Imploy and dispose with the revenues
issues and profits thereof for the encouragemi of Learning and of the
President, Fellows, Schollars and Officers of the s'? Colledge as also
for Accomodation of buildings Bookes and all other necessary provi-
sions & furniture as may be for the advancem- & Education of Youth
in all manner of good Literature Arts and sciences —
Provided cdwaj/s
That all the s'^ disposals be according to the will of y* Donors. And
Wee do further grant & ordain That the s** President & Fellows &
their successors may have for ever one comon seal to be used in all
Causes and Occasions of the s'-' Corporation. And the same seal may
alter, change break & new make from time to time at their pleasure.
And further Wee do for us, our heirs and successors grant, establish
and ordain That the President, Vice President and Fellows of the s"'
Corporation or any of them shall be removeable and ma}^ l)e displaced
by the s*' Corporation foi-tdisability or misdemeanour, saving to the
party grieved his appeal to the Visitors. And tliat when and so often
from time to time as "any of the s'^ Corporation shall dye or bo
removed, the s'? Corporation shall be aud is hereby impowred and
authorized to elect a new President, Vice President or Fellows in the
[IsT Sess.] Provinck \j\wi>, {Refiolves etc.). — 1700-1. 259
room iiud stead of such Member or Members of tiie s'' Corporation So
dying or removed. And that a Vice President of the s'' Corporation
be annually elected ni)on y'' C-omencement day from time to time,
altIi()Ui»"h not occasioned by death or removal as aforesaid. And Wee
do further for us, our heirs and successors will and estalilish That
when and so often as any Fellow of the s'^ Corporation shall remove
himselfe so as to be absent ©ut of our Province of the JNIassachusetts
Bay afores'' by the space of one whole year without leave of the Cor-
poration he shall ipno facto be dismissed and no longer continue to be
of the Corporation, and his place shall be supplied with the election of
a new Member — And that upon the death or removal & dismission of
the President, Vice President or any of the Fellows Such vacancy
shall be filled up within the space of three months next after. And
further Wee do i)y these presents for us, our heires and Successors,
grant establish and ordain That the President for the time being of the
s*^ Corporacon And in case of his death or absence the Vice President
for the time being of the same shall and may from time to time
appoint and order the assembling & meeting together of the s'^ Corpo-
ration to consult, advise of debate and direct the affairs and buisnesses
of the s'^ Corporation, to choose Officers and menial servants for the s^
Colledge, and them also to remove and upon death or removal to
choose such Others, and to make statutes. Orders and By Laws for
the better ordering the affairs and governm- of the s*^ Colledge or
Accademy, so as such Orders, Statutes and By Laws be not repugnant
to the Laws of our s'-' Province of the Massachusetts Bay — And that
any ten or more of the Members of the s*? Corporation whereof the
President or Vice President to be one being so assembled shall be
taken held & reputed to be a full sufficient and lawful assembly for
the handling, ordering and directing of the affairs buisnesses and
occurrences of the s"^ Corporation — And that in case of the death *
removal or absence of the President & Vice President the senior Fel-
low for the time being of the s*? Corporation may call & hold a Corpo-
poration meeting until the return or new election of a President or
Vice President
Provided nevertheless,
And our "Will & pleasure is That no meeting shall he held for the
displaceing or new Election of any Member or Members of the s*?
Corporation, for the appointing of Tutors, for the making of statutes,
orders or By Laws for ordering of the affairs & governm? Of the s'-
Colledge Or for the purchasing, selling or letting of Lands and Tene-
ments or disposal of the stock or Revenues belonging to y" s'' Col-
ledge without suinoniug and notifying each member of the sii Corporacon
in Avriting of the time and occasion of calling such Meeting eight
dayes at least beforehand. And Our further Will and Pleasure is
That in y" passing of all votes & acts of the s*? Corporation in any
of y^ meetings thereof the determination shall be made by the major
part of those assembled, and that the President have a casting Vote
in case of an equivote — And also That there shall be held and kept a
(Quarterly Meeting of the s'' Corporation at the Colledge afores-' on the
lirst Wednesday in March, June, September & December from time
to time in every year successivelj'. And Wee do by these presents
for us, our heirs & successors, further grant establish & ordain. That
the President of the s"? Corporation, as also all the Fellows & Tutors,
thereof receiving salary shall reside at y* Colledge afores- and that no
one shall enjoy a Fellowship or Tutorship w'.'' Salary for more than seven
years, unless continued by a ne'w Election — And That the housing
& Lands in Cambridge aforesf' belonging to y"^ s'' Corporation & being
2G0 Province Laws {Resolves etc.) . — 1700-1. [Chaps. 53, 54.]
ia the porsonal Occupation of the President & Fellows residing at the
s'- Colledge shall be exempt & free from all Rates & Taxes And like-
wise that the President & resident Fellows with their Domestick sorv*.'
shall be exempted from all personal Civil Offices Military Exercises
Watchings & Wardings
And tvhereas It is a laudable Custom -in Universities whereby Learn-
ing hath been encouraged & advanced to confer Accademical Degrees
or Titles on those who by their good manners & proficiency as to
knowledge in Theology, Law Physick Mathematicks or Philosophy have
been judged worthy thereof : Wee do therefore further by these
presents grant & ordain That the President and Fellows of the afores''
Corporation shall have power from time to time to grant and admit to
Accademical Degrees as in the Universities in our kingdom of England
such as in respect of Learning and good manners they shall find
worthy to be promoted thereunto —
And ivhereas there have been heretofore divers gifts grants, devises
of houses, Lands Tenem'? Goods, Chattels Legacies & Conveyances
made unto the afores'' Colledge or to the President and Fellows thereof
successively Wee do hereby for us, our heires & successors ratify &
confirme the s'' gifts, grants, devises, Leg[*acies] [*Couveyances] and
every of them according to the true intent of the Donor or Donors,
Granter or Granters, Devisor or Devisors And for preventing Irregu-
larity s in y^ Governm- of the s*? Colledge, We do hereby reserve a
power of visitation thereof in our selfe our heirs & successors by our
Governour or Comander in chief together with Our Council for the
time being of our Province of the Massachusetts Bay afores'-' to be
exercised by Our s'? Governour or Comander in chief & Council when
and so often as they shall see cause —
CHAPTER 53.
RESOLVE FOR ADVANCING AND PAYING FIVE HUNDRED POUNDS OUT
OF THE PROVINCE TREASURY TO THE GOVERNOR, FOR MANAGING
THE ADDRESS OF THE GENERAL COURT TO THE KING.
Resolved — That the sum of five Hundred Pounds be advanced and
Paid out of the Publick Treasury of this Province to his p]xcy the
Governf to be Improved in managing the Addresse of this Court to the
King [Approved July 12.
CHAPTEK 54.
RESOLVE FOR ALLOWING FIFTY POUNDS TO WILLIAM STOUGHTON,
.CHIEF JUSTICE OF THE SUPERIOR COURT, ETC., FOR IIIS SERVICES
IN THE YEAR 1699-1700.
Resolved That the Sum of fifty Pounds ])e Allowed and Paid out of
the Publick Treasury of this Province, to the Ilon'i William Stoughtou
Esqf for his service the Year past, as Chief Justice of the Superiour
Court [^Approved Jidy 12.
* Manuscript mutilated-
[1st Sess.] PiioviNCE Laws {Resolves etc.) . — 1700-1. 201
CIIAPTEK 55.
llliSOLVE FOR ALLOWING AND PAYING FIFTY I'OUNDS TO INCREASE
MATHER FOR HIS SERVICES AS PRESIDENT OF HARVARD COLLEGE
IN THE YEAR 1699-1700.
Resolved That the Sum of fifty Pounds be Allowed and Paid out of
♦;he Publick Treasury, unto the llev^-^ Mf Increase Mather President of
Ilarvard CoUcdge, for his service in s'-' office the Year past. [^Approved
JxlH 12.
CIIAPTEK 56.
RESOLVE FOR ALLOWING AND PAYING THIRTY POUNDS TO LAWRENCE
DENNIS IN PART FOR IIIS DISBURSEMENTS FOR THE PUBLIC.
Resolved, That the sum of thirty pounds be allowed and paid out of
the public treasury to Lawrance Dennis, as part of the debt due to
him for his disbursements for the public. \_Approved Jidy 12.
CHAPTER 57.
RESOLVE FOR ACCEPTING THE REPORT OF THE COMMITTEE AP-
POINTED JULY 19, 1699, TO EXAMINE, ETC., THE ACCOUNTS OF
CLAIMS, ETC., UNDER THE GOVERNMENT OF SIR EDMUND ANDROS,
ETC., AND ORDERING THE PAYMENT BY THE PROVINCE TREAS-
URER OF ONE-HALF OF THE WHOLE AMOUNT BY THEM FOUND DUE.
Resolved — That the Report of the Comittee App'!? to Inspect the
Acci? of the Debts claimed for Wages, and service done for the Publick
&c. Conti'acted during the time of the Governmi- of S-Edm- Androsse
be So far accepted As That halfe of what is Reported & Shall finally
be found to be due by S^ Comittee, be Paid to each of the respective
Credit'-^ or Claim'-' out of the Tax rais'd the present session of this
Court by the Treasurer of this Province. \_Ax)proved July 12.
CHAPTER 58.
RESOLVE FOR ALLOWING TWELVE POUNDS TO JOHN WHITE, CLERK
OF THE HOUSE OF REPRESENTATIVES, FOR HIS SERVICES IN THE
YEAR 1700-1.
Resolved, That the sura of twelve pounds be allowed and paid out of
the public treasury unto M''- John White, said twelve pounds to be in
part of what shall be allowed him for his service as clerk of said house
this year. \^Appi-x)ved July IS.
262 Frovince^ LiAWS {Hesolves etc. ) . — 1700-1. [Chaps. 59-61.]
CHAPTER 59.
RESOLVE FOR APPOINTING A COMMITTEE TO PROVIDE A SUITABLE
PLACE AT CAMBRIDGE FOR RECEIVING AND ENTERTAINING THE
PRESIDENT OF HARVARD COLLEGE, ETC.
Resolved — That James Russell Esq- Cap- Sam'} Phi])ps, and Cap^ Ste-
phen ffrench be a Comittee, to take Care that a suitable Place at Cam-
bridge be Provided for the Reception and Entertainm^ of the Presidi
of Harvard Colledge, And to see and Consider what is meet to be done
with respect to the House already built for a Presidents House [Aj>-
proved July 13.
CHAPTER 60.
ORDER APPOINTING A COMMITTEE TO AGREE UPON THE HOUSE-
RENT AND ACCOMMODATIONS FOR THE GOVERNOR AND TO REPORT
TO THE GOVERNOR AND COUNCIL, ETC.
Ordered,, That Elisha Hutchinson and John Walley, Esq"-, Capt.
'J'imothy Clark, INP- Isaiah Tay, M""- James Barns and Capt. Bozoun
Allen, be a committee to agree with the parties concerned what shall
be paid for the house-rent and accomodations of his excellency the
governour, and to make report to the governour or commander-in-chief
and council, in order to their ordering the payment thereof out of the
publick treasury. \_Approved July 13.
CHAPTER 61.
RESOLVE FOR EMPOWERING THE COMMITTEE APPOINTED TO AGREE
UPON THE HOUSE-RENT, ETC., OF THE GOVERNOR, TO ARRANGE
FOR RESERVING THE HOUSE, ETC., NOW OCCUPIED BY HIM, OR
SOME OTHER, AGAINST HIS RETURN TO THE PROVINCE.
Resolved^ That the committee appointed to agree what shall be paid
for house-rent and accomodations for his ex'^y- the governour, be also
empowered to make agreement for reserving the house and accomoda-
tions which his excellency now occupies, or some other (hat they shall
thinlv suitable, until his excellencie's return to this his majestie's prov-
ince. \_Approved July 13.
[IsT Skss.] Pkovince Laws {Ilesolves etc.). — 1700-1. 263
CIIAPTEE 62.
RESOLVE FOR FIXING THE PAY, DEFINING THE DUTIES, AND PRO-
VIDING FOR THE DRILL AND DISCIPLINE, OF THE OFFICERS AND
SOLDIERS OF IHE GARRISON AT CASTLE ISLAND.
Resolved That it be humljly Proposed to his Excellency the Govern^*
Tliivt the Coinission and Warrant Olficers for the Castle, on Castle
Island near Boston, and the severall souldiers, and others posted and
sent thither in his ]Maj'il2 service be paid out of the Publick Treasury,
viz: The Captain one hundred Pounds ^ annTThe Lieut- performing
the Duty of Lieut- and Gunner eighty pounds ^ annTThe Gunner's
Mate Thirty Pounds ^ annTEvery Private Ceutinel the usuall King's*
Pay, and six men to have the name of Quarter Guners, to be included
in the number of the 20 already allowed 7imn&er, * for the Castle in time
of peace, shall be allowed ten shillings p month, more than the private
Centinells, for Encouragem- to learn to exercise the Duty of that place :
Provided this Duty be by the aforementioned severall officers performed
viz : That the Captain be upon the place at least three daies and nights, *
in a week, and as oft else as extiaordinary occasions call for him
except in Case of sicknesse or something extraordinary may happen,
or such time in the winter as he may obtain leave for, from the
Comander in chief for the time being. That the Lieuten- be constantly
there except when he shall have leave from the Governor or Comander
in Chief for y"^ time being or from the Cap'° of y® s"? Castle to be absent
in the Captain's absence, and as oft else as the captain shall see extra-
ordinary occasions shall require,* That the Guners mate reside there,
& farther that the Captain, and in his absence the Lieut- do take care.
That the men there in Pay be constantly disciplin'd more especially
those that have extraordinary Pay for that end. That they Endeavour
to make them expert in the Exercise of the great Artillery in Levelling,
Traversing Loading and firing the Great Guns And to know the nature
of them, and Thatt all Endeavours be used with them that they may
be capable in time of actuall service to do the Duty which the Nature
of that thing reqvires. [Approved July 13.
CHAPTER 63.
DRAUGHTS OF SEVERAL LETTERS TO THE LORDS COMMISSIONERS
FOR TRADE, ETC., AND OTHER MINISTERS OF STATE, AND THE
VOTE APPROVING THE SAME AND ORDERING THEM TO BE SIGNED,
ETC.
A LETTKR was drawu up, to the r'- hon"''"- the lords comissioners of
the council for trade and plantations, to acquaint their lord^^- of the
humble address made to his majesty by this court, referring to the en-
croachments made by the French as to boundaries and the fishing in
the high seas on the eastern coasts, as also for a settlement of Harvard
Colledge, and that the council and representatives had prayed the
* The words above, iu italics, except the word Resolved, are omitted in the record,
and are underscored in the original resolve iu the archives. They were undoubtedly
intended to be stricken out.
264 Pkovince Laws {Resolves etc.) . — 1700-1. [Chap. 63.]
favour of his excellency the governour to accept the trouble of manag-
ing that affair, withal humbly to request their lordships to do the gov-
ernment the honour of presenting the said addi'ess to his majesty and
to give countenance and favour thereto ; and
Letters to several ministers or state, acquainting them of the said
address and praying them to countenance and favour the same, were
lilvcwise drawn up, —
Which letters being read at the board were approved, and the secre-
tary directed to sign the same in the name and by order of the council,
and then were sent down to the house of representatives, and being
approved, were returned, signed by the speaker in the name and by
order of that house. \^Passecl July 13.
R' Hon''}^
The General Assembly of this his Ma*^^ Province of the
Massachusetts Bay in New England having judged it necessary to
renew theii" humble addresses to his most Excellent Ma*7 with reference
to the Encroachm'.^ of their ill Neighbours the French as to boundaries
and fishing in y"^ high seas on the Eastern Coasts ;• as also for a settlem'
of Harvard Colledge in Cambridge, within the s'^ Province : And hav-
ing likewise pray'd the fav^our of our truely noble and virtuous Gov-
ernour the Earl of Bellomout to accept the trouble of managing that
important affair
We the Council and Representatives of the Said Province make bold
to acquaint your honour thereof, and humbly request that your Houf
will be pleased to countenance and favour our humble applications to
his Ma'? as afores"? whereby we shall reasonably hope to obtain his
Ma'y' gracious acceptance and answer of the s*^ Address, and that such
order will be taken as will effectually preserve and secure his Ma'^'
Rights & Interests & y® just properties &, priviledges of his good
subjects, and that y"' Colledge will receive the desired & agreable set-
tlem-
We aske purdou for this trouble, and are with great respect.
R' Hon"^}*^
Your Honom's. Most humble and most obedient servants
Is^ Addington Secry.
In the name & by order of the Council
John Leverett Speaker —
In the name & by order of the Council *
Boston July 13*> 1700.
t The within is Copy of a Letter
To the R? Honli'^ James Vernon Esq4 one of his Ma'r^ Principal sec-
retaries of state aud of his Ma'^' most hon^'^ Privy Couucil
To the R^ Hon'^!" Hugh Boscaweu Esq^ one of his Ma'^^ most honlii"
privy Council.
To the R? Hon''!'' John Smith Esqi: one of his Ma*?' most hon'^!^ privy
Council &
To the R^ Hon'^1'' Charles Montague Esq^ one of his Ma'^^ most hon''!'=
privy Council
May it please yo'' LordshP'
The General Assembly of this His Ma'^' Province of the Massachu-
* Sic : miswritten for " the House of Representatives."
t That is, the same form was used for four separate letters to as many different persons.
[1st Sess.] Province Laws {Resolves etc.). — 1700-1. 205
setts liny in New-Enghuul, having Judged it necessary to i-enew their
humble Addresses to his most Excel? Ma'^. with rcl'errcnce to the
Encroachm'.' of their ill-Neighbours the French, as to lioundaries &
Fishing on the High Seas on y'' Eastern Coasts ; as also lor a Settlera'
of Harvard C'oUedgc in Cambridge within the said Province and having
likewise pray'd the Favour of Our Truly Noble and virtuous Gov^ the
Earl of Bellomont, to accept the Trouble of managing that Impor-
tant affair —
We the Council & Rep^'sentatives of the said Province, make bold
to acquaint Yo"" Lordsh'" thereof, & humbly request y' yo"" Lords".' will
be i)leased to do us the hon' to p''scnt our said address to his Ma'-X, and
to give it such Countenance & favour for the obtaining of the great
ends therein proposed for the honour & Interest of the Crown, &, the
well being & repose of this his Ma"^^' Province as yo"" Lords'.' in yo'
great Wisdom shall think fit —
We ask pardon for this Trouble & are w* great respect
Yo^ LordshP^
Most humble & most Obedient Serv'^
Isl Addington /S'ecr//,
Boston July lo'l" 1700 in y° name & by order of the Council
John Leverett Speaker^
In y*^ name & by ord^ of y^house of
Representatives
Lords of the Council of Trade
CHAPTER 64.
ORDEU PROVIDING FOR THE GOVERNMENT OF HARVARD COLLEGE
PENDING THE APPLICATION TO THE KING FOR A CHARTER, ETC.
Whekeas this court have made their humble address unto his
maj'^- for his royal charter for incorporating of Harvard Colledge, in
Cambridge, within this province, and the good government thereof, —
Ordered^ That the reverend M''- Increase Mather, nominated to be
president of s*^- colledge, M""- Samuel Willard, vice-president, M"^- James
Allen, M""- Michael Wigglesworth, M'- Samuel Torry, M""- Nehemiah
Hubbard, M""- Peter Thacher, M^ Samuel Angier, M^- John Danforth,
M""- Cotton Mather, M^- Nehemiah Walter, M^- Henry Gibbs, M'- John
White, M'- Jonathan Pierpont and M"^- Benjamin Wadsworth, with the
two senior tutors for the time being, nominated to be fellows of the said
corporation, be and hereby are empowered to take the oversight, care
and government of the s''- colledge and students there, and to direct and
order payment of salaries or allowances to the officers thereof out of
the revenues, rents and profits of the grants, donations and stock to
the colledge belonging, and to sue for, collect and receive all such rents,
profits and incomes, until his maj''''^- pleasure shall be known referring
to the settlement of said colledge, or that this court take further order
therein. \_Approved July 13.
25(5 PiiOViNCE Laws {Resolves etc.). — 1700-1. fCHAr. G5.]
CHAPTEK 65.
RESOLVE FOR AUTHORIZING THE GOVERNOR AND COUNCIL TO FILL
ANY VACANCY CAUSED BY THE DEATH OR REFUSAL TO SERVE
OF ANY OF THE COMMISSIONERS OF EXCISE.
Resolved, That if any of the commissioners for excise chosen by this
court shall die or refuse to service in said office, that then it be left
witli the governour or commander-in-chief for the time being, with the
council, to appoint others in their room. '[Approved July 13.
[2d Sess.] PiioviNCK Laws {lieaolvea elc). — 170U-i. 267
ORDERS, RESOLVES AND VOTE
Passed at the Session begun and held at Boston,
ON THE Twelfth day of February, A.D. i 700-1.
CHAPTER 66.
ORDER APPOINTING A HEARING OF THE NATICK INDIANS ON -THE
DIFFERENCE BETWEEN THEM AND THE TOWN OF DEDIIAM, AND
FOR NOTIFYING THE TOWNS OF DEDHAM AND NATICK, ETC. [Ap-
proved February 18, 1 100-1 .
\_Fnntecl loitli resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 67.
ORDER APPOINTING A HEARING ON THE PETITION OF THE AGENTS
OF THE FIRST CHURCH IN SCITUATE FOR A RECONSIDERATION
OF CHAPTER 19 OF THE RESOLVES OF THIS YEAR, AND FOR NOTI-
FYING BENJAMIN STUTSON, THE AGENT OF THE OTHER SOCIETY-
\^Approved February 21, 1700-1.
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.]
CHAPTER 68.
ORDER REFERRING THE PETITION OF THE INHABITANTS OF THE
TOWN OF DARTMOUTH TO THE SECOND WEDNESDAY OF THE
NEXT SESSION OF THE GENERAL COURT, AND FOR NOTIFYING
THE SELECTMEN OF TAUNTON, FREETOWN AND LITTLE COMPTON,
ETC.
The petition of the inhabitants of the town of Dartmouth was sent
ui) from the representatives with their concurrance w"' the order past
yesterday by the board thereupon ; viz'-, —
Ordered, That the Pef"?" be referred to be heard on the 2-' Wednes-
day of the next Session of this Court, And that the Select men of Tan-
ton, Free-town and Little Compton be Notify ed thereof-/. [Approved
February 21, 1700-1.
2G8 PiiovjLNCE Laws {Resolves etc.). — 1700-1. [Chaps. 69-71.]
CHAPTER 6 9.
ORDER DISCHARGING RICHARD HUNNEWELL FROM HIS RECOGNI-
ZANCE CONDITIONED TO DEMOLISH A TIMBER BUILDING ERECTED
BY HIM IN BOSTON WITHOUT LICENSE, AND PERMITTING SAID
BUILDING TO STAND.
The petition of Richard Honuywell of Boston, mason, praying to
be freed from a recognizeance by him eutred into by order of the gen-
eral sessions of the peace held for the county of Suffolke in January
last, to demolish a small timber building by him set up adjoyning to
his dwelling-house in liostou witliout approbation and licence as the
law directs, was sent up from the representatives with their concur-
rance with the order past yesterday by the board thereupon ; viz' , —
That the petitioner, upon consideration that the said building does but
little exceed the dimensions which the law does allow, be discharged
from his recognizeance and the building suffered to stand. [^Approved
February 21, 1100-1.
CHAPTER 70.
ORDER FOR ALLOWING AND PAYING THREE POUNDS OUT OF THE
PROVINCE TREASURY TO LIEUTENANT JOHN WILSON OF BILLERU^A
FOR HIS EXPENSES WHILE IN THE KING'S SERVICE DURING THE
YEAR 1692.
A PETITION of Lieut. John Wilson of Bilrica, praying some allow-
ance for extraordinary expences during his being in his majestie's
service, anno 1G92, was sent up from the representatives with their
order thereupon, that the sum of three pounds be allowed and paid out
of the public treasury to the pef-, John Wilson, for his extraordinary
expences. \_ConGurred in by the Council, and approved February 24,
1700-1.
CHAPTER 71.
ORDER FOR PAYING SIX POUNDS OUT OF THE PROVINCE TREASURY
TO THOMAS JACKSON, BEING THE WAGES DUE TO HIS SON THOMAS,
A MINOR, DECEASED, WHO SERVED IN THE EXPEDITION AGAINST
CANADA, IN 1690, AS COOPER'S MATE OF THE SHIP SIX FRIENDS.
A PETITION of Thomas Jackson of Piscataqua, praying that the
wages due for the sei'vice of his son Thomas Jackson (^a minor,
now deceed) , on board the ship Six Friends in the expedition against
Canada, anno 1690, as "ooper's mate in the said ship, may be paid,
was sent up from the representatives with their order past thereon, that
the sum of six pounds be paid out of the public treasury to the peti-
tioner for his sou's wages as abovesaid. [Ooncurred in by the Council,
and approved February 25, 1700-1.
[2d Sess.] Province Laws {ResolveH etc.). — 1700-1. 269
CHAPTER 72.
ORDER DIRECTING THAT NOTICE I5E SERVED ON THE JUSTICES OF
THE INFERIOR COURT OF COMMON PLEAS FOR BRISTOL COUNTY;
AND ON TETER AND ELEAZAR WAI-KER, TO APPEAR AND ANSWER
TO THE PETITION OF THOMAS CORAM.*
The petition of Thomas Coram, shipwright, was sent up from the
roproseutatives, with their concurranee with the order past yesterday
by the board tliereupoii, for notifying Peter Walker and Eh-azer
Walker, parties in the causes therein mentioned, to appear on Wednes-
day the ;>"' of Mareh next, (if they see cause), to be heard upon the
matters set forth in the said petition ; and the further order of that
house, that the justices of the inferiour court of coihon pleas in the
county of Bristol be also alike notified ; which farther order, being
read at the board, was concurred with. [ Passed February 26, 1 700-1 .
CHAPTEK 73.
RESOLVE FOR APPOINTING A COMMITTEE TO RECEIVE AND EXAMINE
THE CLAIMS OF THE PROPRIETORS, AND OTHERS, TO THE WASTE
LANDS LYING TO THE EASTWARD OF THE TOWN OF WELLS, AND
TO MAKE REPORT OF THEIR DOINGS THEREON, ETC. [Approved
March 4, 1700-1.
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc."]
CHAPTER 74.
RESOLVE REFERRING TO THE NEXT SESSION THE PETITION OF THE
INHABITANTS OF BERWICK PRAYING TO BE MADE A TOWNSHIP.
[Passed March 5, 1700-1.
\^Printed loith resolves, orders^ etc., relating to the establishment, etc.,
of towns, etc.^
CHAPTER 75.
RESOLVE NOMINATING AND APPOINTING THE COMMITTEE PROVIDED
FOR IN THE RESOLVE, CHAPTER 73, * OF THIS SESSION, RELATING
TO WASTE LANDS EAST OF THE TO^VN OF WELLS. [Approved March 7,
1700-1.
\_Printed with resolves, orders, etc., relating to the establishment^ etc.,
of towns, etc."]
* See the private act of March 12, 1700-1, vol. VI., number 12.
270 Province Laws {Resolves etc.). — 1700-1. [Chaps. 76-78.]
CHAPTER 76.
RESOLVE FOR COMPROMISING AND ENDING THE DIFFERENCES RE-
LATING TO THE SUPPORT OF THE MINISTRY IN THE MIDDLE AND
EASTERLY PARTS OF WATERTOWN. {Approved March 7, 1700-1.
\^Printed toith resolves, orders, etc., relating to the establishment, etc.^
oftoivns, etc.']
CHAPTER 77.
RESOLVE FOR ALLOWING AND PAYING OUT OF THE PROVINCE
TREASURY CERTAIN SUMS TO SEVERAL PERSONS, INHABITANTS OF
THE COUNTY OF YORK, IN FULL SATISFACTION OF THEIR ACCOUNTS
OF DISBURSEMENTS FOR THE KING'S SERVICE.
Resolved, That there be allowed and paid out of the public treasury
by the next tax, unto the several persons hereunder named, inhabitants
in the county of York, in full of their accompts of disbursements for
his majestie's service, the respective sums following; viz', to Jos:
Storer, twenty-seven pounds sixteen shillings and threepence ; to
Jane Littlefield, eighteen pounds eighteen shillings and sixpence ; to
Jon"- Littlefield, seven pounds seven shillings ; to John Cloyes, eleven
pounds seven shillings and twopence ; to Nath. Cloyes, nine pounds
one shilling ; to Thomas Cole, tliree pounds six shillings and fourpence ;
to Jon"- Hammond, seven pounds twelve shillings and twopence ; to
Mehetable Littlefield, five pounds eight shillings ; to Joshua Downing,
six pounds eighteen shillings ; to John Shapleigh, seven pounds twelve
shilling and tenpence ; to Jasper Poleman, three pounds ten shillings ;
to James Plaisted, fourteen pounds nine shill°'- and sixpence ; and to
Jeremiah Molton, thirteen pounds fourteen shillings, — in the whole
one huiulred thirty-seven pounds and ninepence. [^A2)proved March
11,1700-1.
CHAPTER 78.
VOTE FOR PAYING OUT OF THE PROVINCE TREASURY TO JOHN
ELLINWOOD OF BEVERLY, A SOLDIER WOUNDED IN THE KING'S
SEPvVICE, FIVE POUNDS FOR HIS PRESENT RELIEF, AND A PENSION
OF THREE POUNDS PER ANNUM DURING HIS LIFE.
A PETITION of John Ellenwood of Beverly, praying some year)}'
stipend in consideration of a wound formerly received in his majestie's
service, whereby his right hand (in which he received the said wound)
hath been rendred almost altogether useless ever since, and some
allow*- for his present relief, was sent up from the representatives with
the vote of that house thereupon, that there be p''- to the petitioner out
of the provi-nce treasury five pounds towards his present relief, and for
the future three pounds per annum during his life. \_Concurred in hy
the Council, and approved March 11, 1700-1.
[■2d Sess.] Pjcovincio hwvH (liesolves etc.) . — 1700-1. 271
CHAPTEE 79.
ORDER REFERRING TO THE COMMITTEE FOR GRANTING DEBENTURES,
ETC., THE I'EIITION OF JAMES RUSSELL, FRAYING FOR COMPEN-
SATION FOR HIS AND IIIS FATHER'S SERVICES AS TREASURERS,
SUCCESSIVELY, OF THE COLONY OF MASSACHUSETTS BAY.*
A PETITION of JaiiK's Ivnssoll, Esq""-, praying for an allowance and
payment to be made him for service done by his father and liimself,
successively treasurers of the colony of tlie Massachusets, and for loss
sustained and disbursements in that service, was sent up from the
representatives with their vote thereupon, —
Ordered — That the Petition on the other side be Referred to the
Committee for Granting Debenturs to Claimers of Debts Contracted
by the Publick in the Time of the Government of S[ Edin'- Androsse
That they Examine the matter thereof, and make Report of the same
with their Opinion thereon to this Court at the next session thereof —
[^Concurred in by the Coimcil, and approved March 13, 1700-1.
CHAPTER 80.
RESOLVE ACCEPTING THE PROPOSITION OF DxVNIEL WILCOX, FOR-
MERLY OF TIVERTON, NOW OF RHODE ISLAND, TO SATISFY A
FINE BY CONVEYING LANDS IN TIVERTON TO THE PROVINCE, AND
APPOINTING A COMMITTEE TO SEE THAT PROPER DEEDS ARE
EXECUTED, ETC.
A PETITION of Benjamin Church of Bristol, of the county of Bristol,
in behalf and at the request of Daniel Wilcox, formerly of Tiverton,
now residing at Rhode Island, containing a proposal from said Wilcox
to satisfy a fine of one hundred and fifty pounds formerly set upon
him by order of court, by executing a deed of sale to the province for
several parcels of land lying in Tiverton aforesaid, was sent up from
the representatives with their resolve thereupon, that the prayer of the
said petition be granted, and that Ebenezer Brenton, Esq'"-, Major Ben-
jamin Church and William Peabody be a committee to take care that
suflicient deeds of conveyance of the several parcels of land in the s**.
petition mentioned, be made and executed by s''- Daniel Wilcox, as
the governour and council shall direct. [Concurred in by the Council.,
and approved March 13., 1700-1.
CHAPTER 81.
ORDER FOR CONTINUING THE GOVERNMENT OF HARVARD COLLEGE,
AS PROVIDED BY THE ORDER OF JULY 13, 1700, UNTIL THE KING'S
PLEASURE BE KNOWN IN REGARD TO THE PROPOSED CHARTER
OF INCORPORATION.
Whereas, this court having made their humble address unto his
majesty for his royal charter for incorporating Harvard Colledge, in
Cambridge, within this province, did by their order, past at their session
* See resolve, chapter 49, ante.
272 Province Laws (Resolves etc.). — 1700-1. [Chaps. 82, 83.]
begun and held the 29* of May last, impower to the reverend M''- In-
crease INIather, nominated to be president of said coUedge, M'' Samuel
Willard, vice-president, M""- James Allen, M''- Michael AVigglesworth,
M-"- Samuel Torry, M^- Nehemiah Hobort, M""- Peter Thacher, M""- Sam-
uel Angier, M^- John Danforth, INI-- Cotton Mather, M""- Nehemiah
Walter, M'"- Henry Gibbs, M''- John White, M"" Jonathan Peirpoiut,
M""- Benj'* Wadsworth, and the two senior tutors for the time being, nom-
inated to be fellows of said corporation, to take the oversight, care
and government of the said colledge and students, and to direct and
order the payment of salaries or allowances to the officers thereof out
of the revenues, rents and profits of the grants, donations and stock to
the colledge belonging, and to sue for, collect and receive all such rents,
profits and incomes, until his majestie's pleasure shall be known refer-
ring to the settlement of said colledge, or that this court take further
order thereon ; and forasmuch as the constitution requires the presi-
dent to reside at Cambridge, which is now altered by his removal from
thence, to the intent that a present necessary oversight be taken of the
colledge ; it is therefore, —
Ordered, That the s*'- M""- Increase Mather, M'- Samuel Willard, and
the several other gentlemen mentioned in the aforerecited order, be
and hereby are anew appointed and empowered to continue their over-
sight, care and government of the colledge, and students there, in
manner as in the order is exprest, and to use and exercise tlje like
powers and authority to them therein and thereby granted for and
during such time as by the said order is set and limited ; and in case
of M''- Mather's refusal, absence, sickness or death, that M""' Samuel
Willard, nominated to be vice-presid'-, with the other gentlemen before
named, be and hereby are invested with the like powers and authority
af ores'*- in all respects. [^Approved March 14, 1700-1.
CHAPTER 82.
RESOLVE FOR PROCURING AMMUNITION.
Resolved That there be Procured, and Paid for out of the Publick
Treasury of this Province One hundred Barrells of good Gun Powder.
Three hundred good fusills. A Qvantity of fflints. Ball, Lead with
Moulds pro^tionable to s"? number of fusills Thirty Pounds worth of
Salt Peter, and That the Govern- and Councill be Impowred to agree
w- Some suitable Person oi" Persons to Procure s*? stores. [^Approved
March 14, 1700-1.
CHAPTER 83.
RESOLVE FOR CHOOSING A COMMISSIONER FOR STORES OF WAR AND
FOR DEFINING HIS DUTIES, ETC., AND ORDERING ALL OFFICERS
HAVING IN CHARGE ANY OF SAID STORES TO ACCOUNT TO HIM
FOR THE SAME AND FOR THEIR EXPENSE OF GUNPOWDER.
Resolved & )
Ordered j That a suitable person be chosen by this Court to be a
Commissioner for stores of War, who shall take an Accompt of all
[2d Sess.] Province Laws {Renolves etc.). — 1700-1. 273
great and small Artillery, Guu powder and all stores of war whatso-
ever that do or shall belong to the Province, wheresoever the Same are
or shall be lodged, And shall take into his charge and custody all such
stores of war as are not already lodged in the Castle or Forts, and
shall take care that the stores in his particular custody be well kept,
that the amies be kept clean from rust and duely fitted for service,
and that the Casks of powder be often turned, at least once a month
&c. And shall deliver out none of such stores but by written Order
from the Captain Geuei'al or Comandor in chief for the time being for
his Ma'y' service within this Province, takeing receipt of them to whom
they shall be delivered, and shall be ready at all times to render an
accompt of all stores committed to him when called thereunto by this
Court.
And all Officers that have or shall have any of the s'' stores of war
under their charge or comitted to them shall from time to time accompt
for the same and for their Expence of Powder with the s'-' Commissioner
And such Comissioner shall be duely satisfied out of y" publick Treasury
for his charge & trouble.
This Order to continue in force until the end of the sessions of the
General Assembly which shall be held on the last Wednesday in May
1702. and no longer. \_Approve(l March 14, 1700-1.
CHAPTER 84.
ORDER FOR PROCURING A SUITABLE PLACE FOR THE STORAGE OF
GUNPOWDER.
Ordered, That the Governo- and Council be Impowred to make such
provision as they shall thinke proper for remedying the inconvenience
and danger of Gun Powder lying in dwelling houses and Wooden
Wrfrchouses &(f: And to direct some sutable place or places for better
Securing of the same until this Court shall take further Order therein.
\_ Approved March 14, 1700-1.
CHAPTER 85.
RESOLVE APPOINTING A COMMITTEE TO MANAGE THE EXPENDITURE
OF THE MONEY GRANTED TOWARDS FORTIFYING CASTLE ISLAND,
ETC.
Resolved That Elisha Hutchinson EsqT Cap? Timothy Clark, Mf
Thomas Brattle, and the Cap- of the Castle for the Time bein^ be a
Committee They or any Three of them. To Order Direct and Manage
the Laying out the money Granted last session of this Court* towards
ffortifying Castle Island, and to Give Order and Direction for the
* Besides the mention of this grant here and a similar allusion to it in a resolve which
passed the House July, 1700, but was not concun-ed in by the Council, no record of it has
been found up lo the date of this resolve, save in the preamltle to the tax act passed July
13, 1700. That the grant was actually made is certain, since it is well known that the
castle was rebuilt under the direction of Col. Romer at about this date and that a tax
was laid to defray the expense; but the amount of the grant for this purpose cannot be
ascertained either from the records or from the papers in the state archives — the accounts
of the province treasurer from May 31, 1G99 to May 27, 1702, which would contain an
entry of the amount appropriated, and the total disbursement, being missing.
274 Frovinck Li Aws (Besolves etc.). — 1700-1. [Chaps. 86, 87.]
Reparacon or newmaking of ffortifications on s? Island, and That S"!
Comittee be duly Satisfied for such their service out of the Province
Treasury . [Approved March 14, 1 700-1 .
CHAPTER 8 6.
RESOLVE FOR ALLOWING AND PAYING ONE HUNDRED AND TWENTY-
FIVE POUNDS OUT OF THE PROVINCE TREASURY TO THOMAS
HINCKLEY IN FULL SATISFACTION OF HIS PUBLIC SERVICES, HE
RELINQUISHING TO THE PROVINCE HIS CLAIM TO TWO HUNDRED
ACRES OF LAND NEAR SECONET, FORMERLY BELONGING TO TATA-
M AMUCK, AN INDIAN SACHEM, AND GRANTED TO SAID HINCKLEY,
IN 1680, BY THE GENERAL COURT OF PLYMOUTH COLONY.
Resolved — That the sum of One Hundred twenty and five Pounds
be allowed and Paid out of the Publick Treasury unto Thomas Hinckley
Esq- late Govern- of the late Colony of New Plymouth in full satisfac-
tion of service done by him for the Publick, he Rcliuqvishiug to the
Province his Claim to Land formerly Tatamunnah's Land. [Approved
March 14, 1700-1.
CHAPTER 87.
RESOLVE FOR FURTHER INSTRUCTING THE COMMITTEE APPOINTED
JULY 19, 1699, AND AUTHORIZED TO GRANT DEBENTURES, ETC.,
BY THE RESOLVE OF THE LAST SESSION, CHAPTER 49.
Whereas Application is made to this Court by the Comittee ap-
pointed to Grant Debenturs to the Claimers of Debts Contracted by
the Publick in the Time of the Government of S- Edm'? Androsse, for
further Direction in their Proceedings upon acc*i laid before them.
Resolved — That the Instructions following be given to s*? Comittee
viz :
That a Debent- be Granted to John Riggs an Ensign in his Majtil^
service in the time of s'? Governm^ for what is found due to him for
such his service (altho. at this Time he is no Inhabitant in this Prov-
ince.)
That Twenty five Pounds in the Ace- of Majf Dan'.' Davisson for
Payment whereof he hath no Voucher be allowed him. (he making
Oath to his Ace-)
That One Hundred Pounds be Granted to Cap? John Wing in full of
all his Claims,
That s*? Comittee Grant Debenturs to all such as to their satisfac-
tion shew forth their Claims to be just and due, notwithstanding such
Claims were not Received when s"? Comittee made their Report of
Claims.
And That Twenty Pounds be Granted in full for all Ace'-' of Capt
John ffloyd. That s'' Coinittee give Debentur to Martha Padeshall
for what appear's to them to have been due to hor late husband.
[Approved March 14, 1700-1.
[2d Sess.] Province Laws {Resolves etc.). — 1700-1. 275
CHAPTER 88.
ORDER APPOINTING A COMMITTEE TO PROVIDE FOR REPAIRING,
ETC., THE DWELLING-HOUSE OF THE PRESIDENT OF HARVARD
COLLEGE AT CAMBRIDGE, AND AUTHORIZING THE GOVERNOR AND
COUNCIL TO ORDER PAYMENT OF THE COST THEREOF.
Ordered, That the dwelling-house in Cambridge, built for a presi-
dent's house, be forthwith repaired and fitted up for that use, and that
John Leveret, Esq'-, INI''- James Oliver and M""- Thomas Oliver of Cam-
bridge, be and hereby are appointed and empowered a committee to
take effectual order that the said house be repaired accordingly, and to
lay the ace"- of the charge thereof before the governour and council for
allowance, and payment to be ordered accordingly. \^App7-oved March
15, 1700-1.
CHAPTER 89.
RESOLVE AND ORDER FOR THE BETTER DIRECTION OF THE COMMIS-
SIONERS OF EXCISE IN THE COLLECTING OF DUTIES, ETC.
For the better directing the Commission's of Excise in the col-
lecting of the Duty's by Law Set
Resolved and Ordered.
That no pipe of wine shall be computed at more than One hundred
Gallon's.
That the Retailers be abated and allowed for all wines that decay
or prick in their hands.
That the Commissioners do make agreement according to their good
discretion, with persons for their draught, after the Publication of
the Act to the time of their renewing of their Licences, as near as
may be to the Rates and prices Set in the Act. [^Approved March
15, 1700-1.
CHAPTER 90.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED POUNDS TO
WILLIAM STOUGHTON FOR HIS SERVICES AS LIEUTENANT-GOVER-
NOR THE LAST YEAR.
Resolved That the sum : of Two Hundred Pounds be Allowed and
Paid out of the Publick Treasury to the Hon''}° William Stoughton
Esq'' L- Govern- and Coiuand^ in chief of this Province for his seiMcc
done for the Province the last Year. \_Approved March 15, 1 700-1 .
CHAPTER 91.
RESOLVE FOR ALLOWING SEVENTY POUNDS TO ISAAC ADDINGTON,
SECRETARY OF THE PROVINCE, FOR HIS EXTRAORDINARY SER-
VICES DURING THE YEAR ENDING DECEMBER, 1700.
Resolved That the Sum of Seventy Pounds, be Allowed and Paid
out of the Publick Treasury of this Province to the Hon''!^ Isaac
276 Province Laws (7?eso?ves e^c). — 1700-1. [Chaps. 92-94.]
Addiugton Esq- for the extraordinary Service by him done for the
Province the Year last past expiring in Decern- [^Approved March 15,
1700-1.
CHAPTER 92.*
RESOLVE FOR PAYING TWENTY POUNDS OUT OF THE PROVINCE
TREASURY TO CAPTAIN TIMOTHY CLARKE FOR HIS SERVICES DUR-
ING THE LATE WAR.
Resolved That the sum of Twenty Pounds be Paid out of tlie Pub-
lick Treasury to Cap? Timothy Clark for service by him done for the
Publick in the Time of the late war. [^Approved March 15, 1700-1.
CHAPTEK 93.
RESOLVE FOR AN ADDITIONAL ALLOWANCE OF EIGHTEEN POUNDS
TO JOHN WHITE, CLERK OF THE HOUSE OF REPRESENTATIVES,
FOR HIS SERVICES IN THE YEAR 1700-1.
Resolved That the sum of Eighteen Pounds be Allowed and Paid
out of the Publick Treasury to M"" John White the Clerk of this House
in further Consideration of his service for the Year Past \^ Approved
March 15, 1700-1.
CHAPTER 94.
RESOLVE FOR ALLOWING AND PAYING FIVE POUNDS TO JAMES
MAXWELL FOR HIS SERVICES IN ATTENDING UPON THE COMMIT-
TEE APPOINTED TO EXAMINE, ETC., THE ACCOUNTS OF CLAIMS,
ETC., UNDER THE GOVERNMENT OF SIR EDMUND ANDROS, ETC.
Resolved That the Sum. of five Pounds be Allowed and Paid out of
the Publick Treasury of this Province to Mr James Maxwell for his
service in Attending upon the Comittee Appointed by the Genl' Assem-
bly for the Receiving and Examining of Debts due in the time of Sf
Edmund Androsse his Governm? and for Granting Debenturs for the
same. ^ Approved March 15, 1700-1.
* See note to chapter 9.i, post.
[2d Sess.] Province Laws {Resolves etc.) . — 1700-1. 277
CHAPTER 95*
EESOLVE FOR ALLOWING AND PAYING TEN POUNDS TO JOSHUA
CONANT, AS A PRESENT CONSIDERATION FOR HIS SERVICES AS
GUNNER OF HIS MAJESTY'S FORT AT SALEM.
Resolved That the sum of Ten Pounds be allowed and Paid to
Joshua Conant Guner of his Maj'i£? ffort at Salem as a present Consid-
eration for that Service \_Approved March 15, 1 700-1 .
CHAPTER 96.
RESOLVE FOR ALLOWING AND PAYING THREE POUNDS TO SAMUEL
GOOKIN, SHERIFF OF MIDDLESEX COUNTY, FOR HIS EXPENSE IN
PUBLISHING THE ACTS OF THE GENERAL ASSEMBLY.
Resolved, That the sum of three pounds be allowed and paid out of
the public treasury of this province to M""- Sheriffe Gookin for his
expences in publishing the acts of the general assembly. \^Approved
March 15, 1700-1.
CHAPTER 97.
RESOLVE FOR ALLOWING AND PAYING THREE POUNDS AND TEN
SHILLINGS TO JOHN ARNOLD FOR HIS SERVICES AS MESSENGER
OF THE HOUSE OF REPRESENTATIVES.
Resolved That the Sume of Three Pounds and Ten Shillings be
Allowed and Paid out of the Publick Treasury of this Province to John
Arnold for his Service as Messenger of this House. \^Approved
March 15, 1700-1.
CHAPTER 98.
RESOLVE FOR ALLOWING AND PAYING THREE POUNDS AND TEN
SHILLINGS TO ELKANAH PEMBROOK FOR HIS SERVICES AS MES-
SENGER OF THE HOUSE OF REPRESENTATIVES
Resolved That the Sum of Three Pounds ten Shillings be Allowed
and Paid to Elkanah Pembrook for his Service as Messenger of this
House \^ Approved March 15, 1700-1.
* By the legislative records of the Council it appears that on the 24th of February,
William Tilley, gunner of the fortifications in the town of Boston, joined with Timothy
Clarke in a petition for an allowance for services, and that, thereupon, this joint petition,
together with the separate petitions of Joshua Conant, gunner, and William West,
sentinel, at the fort in Salem were sent to the House with a recommendation by the
Council that the petitioners be paid. No further action appears to have been taken upon
these petitions until the date of these resolves (chapters 92 and 95) the originals of
which, in the archives, show that they were first passed in the House and then sent to the
Council, for concurrence.
278 Province Laws {Resolves etc. ) . — 1700-1. [Chaps. 99-101.]
CHAPTER 99.
RESOLVE FOR ALLOWING AND PAYING THREE POUNDS TO SIMEON
MESSENGER FOR HIS SERVICES AS MESSENGER OF THE HOUSE OF
REPRESENTATIVES.
Resolved — That the Sum. of Three Pounds be Allowed and Paid
out of the Publick Treasury of this Province to Simeon Messenger for
his Service as Messenger of this House. [Approved March 15,
1700-1.
CHAPTEK 100.*
RESOLVE FOR PAYING TWENTY-THREE SHILLINGS TO JOHN RIGGS,
JOHN WHITE AND JAMES BARNES FOR THEIR DISBURSEMENTS ON
ACCOUNT OF THE HOUSE OF REPRESENTATIVES, AND FIFTEEN
SHILLINGS TO BARTHOLOMEW GREEN FOR PRINTING THE GOVER-
NOR'S SPEECH THE LAST SESSION.
Resolved^ That there be paid out of the public treasury to M""- John
Riggs and to Lieut. John White, the sum of six shillings each, which
they disbursed in paying messengers of the house of representatives,
and to M''- James Barns the sum of eleven shillings, which he disbursed
for the service of the said house, and to Bartho. Green, printer, the
sum of fifteen shillings for printing his excellency the governour's
speech the last session of this court. \_Approved March 15, 1700-1.
CHAPTER 101.
ORDER FOR POSTPONING THE REPORT OF THE COMMITTEE APPOINTED
TO AGREE UPON THE HOUSE-RENT AND ACCOMMODATIONS FOR
THE GOVERNOR, AND FOR CONTINUING SAID COMMITTEE, ETC.
Ordered — That The Comittee Appointed to agree what shall be Paid
for House Rent and Accomodac'ohs for his Excellency the Govern' the
last session of this Court be Continued a Comittee to Issue that affair
and make Report to this Court at their next session. \_Approved
March 15, 1700-1.
* This resolve is an instance of the practice pursued by the colonial and early provin-
cial secretaries, of combining two or more separate resolves in one, in the record. The
present chapter contains the sul)stance of three distinct resolves ; but ;is only one of these
— that voting the allowance to Bartholomew Green — is preserved in the archives, it has
been thought best to give here the resolve as it appears in the record, and to subjoin to
this note the resolve for paying Bartholomew Green, which is as follows : —
" In the House of Representatives
Resolved That the snfS. of fifteen shillings be Paid out of the Publick Treasury to Mr
Bartholomew Green Printer for Printing his Excy. the Governrs Speech the last session
of this Court.
March ISS" 1700 Sent up for Concurrence. John Lbveeett Speaker
die predict. In Council Read and past a Concurrance. IsJ. Addinoton Sc<^'/."
[2d Sess.] Province Laws {Resolves etc.). — 1700-1. 279
CHAPTER 102.
RESOLVE FOR REQUESTING THE LIEUTENANT-GOVERNOR TO ISSUE
A PROCLAMATION REQUIRING MILITARY OFFICERS TO DIRECT
THAT THERE BE A STRICT EXECUTION OF THE MILITARY LAWS,
ETC.
Resolved That his Hon^ the L? Govern- be Desired to Issue out his
Proclamation, Reqviring the Sever" military Otticcrs of this his Maj'f'
Province to Take Care, & see that there be a strict Execution of the
military Laws so far as it concerns them, especially the Laws reqviring
that all the militia be duly Provided with Good and sufficient arms and
Amunition according as the Law Reqvires and that the selectmen
Take Care That the sev"!' Towns be Provided with Stores of war as by
law is reqvired. [^Passed March 15, 1700-1.
CHAPTER 103.
RESOLVE FOR A DAY OF PUBLIC PRAYER* AND FASTING, THE LIEU-
TENANT-GOVERNOR AND COUNCIL TO APPOINT THE TIME.
Resolved — Th^t a Day of Publick Praier with ffasting be Appointed
throughout this Province (the Time to be appointed by the L' Govern'
and Councill) and if the unhappy News of his Excy the Govern"
Death Should Prove true. That It be Particularly Deplored on s'? Day.
[Passed 3Iarch 15, 1700-1.
* Up to MarcU20, 1699-1700 (the date of the proclamation for tlie fast of April 25, 1700),
days of public fasting and thanksgiving were appointed by the Assemljly, with the
single excejition of the fast ordered Deceniljer 20, 1692; and. excepting the proclamation
issued for that fast, and another issued under the resolve of 1691-5, chapter 59, the
draughts of the proclamations were approved by the Council and representatives. After
1699, however, except in the instance of the fast day appointed August 9, 1701, the Council
named the day, assigned the occasions, and prepared and promulgated the proclama-
tions, the House merely moving the Council by message. In the case of the fast day last
referred to, the House named the day, which w-as agreed to by the Council, and the desire
of the latter to " assigne the occasions " was acquiesced in by the House. All, votes and
orders in which the House cooperated in any manner for setting apart days for religious
observance are treated here as the doinijs of the General Court.
280 Peovlnce Laws {Mesolvesetc), — 1700-1. [Chaps. 104, 105.]
RESOLVE AND ORDER
Passed at the Session begun and held at Boston,
ON THE Sixteenth day of April, A.D. 1701.
GHAPTEK 104.
RESOLVE FOR ALLOWING AND PAYING THREE POUNDS EIGHTEEN
SHILLINGS OUT OF THE PROVINCE TREASURY TO THOMAS HOWE
TO REIMBURSE HIM THE SUM HE PAID FOR REDEEMING ELIZABETH
HOWE, A CAPTIVE AMONG THE INDIANS.
Resolved — That the sumT of Thi'ee Pounds, Eighteen shillings be
Allowed and Paid out of the Publick Treasury of this Province to M?
Thomas Howe, he having Paid so much for the Redemption of Eliza-
beth Howe who was Captive to an Indian. [^Approved April 17 y
1701.
CHAPTER 105.
ORDER FOR PAYING TO THE ADMINISTRATRIX OF THE ESTATE OF
OBADIAH GILL THE VALUE OF UNENDORSED BILLS OF CREDIT
FOUND AMONG HIS EFFECTS AND PRESENTED TO THE GENERAL
COURT FOR THEIR ORDER THEREUPON.
Whereas three indented bills of the Massachusets Colony, one of
twenty shillings, one of two shillings and sixpence, another of two shil-
lings, that were in custody of M'Obadiah Gill of Boston, deceed, not
endorsed, are offered to this court for their order, that so his estate
may have the benefit of them, —
Ordered, That the treasurer receive in said bills, and pay unto the
administratrix of said deceed the sum of one pound four shillings and
sixpence, the value expressed in them. [Approved April 19, 1701,
ORDERS, RESOLVES,
MEMORIAL, ADDRESSES, ETC.,
Passed 1701— 2.
[281]
LEGISLATIVE LIST
FOR
170 1-2,
WILLIAM STOUGHTON, Esq.,
Lieutenant- or Deputy-Governor, etc.
{AOTINO GOVERNOR UNTIL JULY 7, 1701-*)
ISAAC ADDINGTON, Esq.,
SECRETARY of the PROVINCE.
COUNCILLORS OR ASSISTANTS-!
Of the inhabitants of, or proprietors of lands within the territory formerly called
the Colony of the Massachusetts Bay : —
William Stoughton, Esq.,
John Ptnchon, Esq.,
Wait Winthrop, Esq.,
James Russell, Esq.,
Elisha Cooke, Esq.,
John Hathorne, Esq.,
Elisha Hutchinson, Esq.,
Samuel Sewall, Esq.,
William Browne, Esq.,
Isaac Addington, Esq.,
John Phillips, Esq.,
Jonathan Corwin, Esq.,}
John Foster, Esq.,
Peter Sergeant, Esq.,
Daniel Peirce, Esq.,
Penn Townsend, Esq.,
John Appleton, Esq.,
John Higginson, Esq.
Of the inhabitants of^ or proprietors of, lands within the territory formerly called
New Plymouth : —
Barnabas Lothrop, Esq., John Thacher, Esq.,,
Nathaniel Thomas, Esq., Nathaniel Byfield, Esq.
* stoughton, who sat in the executive chair for the last time on the thirtieth of June, died July 7, 1701 ;
whereupon the Council became the chief executive, and so continued until Dudley became Governor,
June 11, 1702. This was the first instance of the exercise of the executive function by the Council. The
first session ended by prorogation on the first of July, and the second session was convened on the thirtieth,
and continued until the ninth of August. On the first day of the second session, upon notice from the
House of Representatives that a full house had assembled and were ready for business, Judge Sewall and
the Secretary were sent down from the Council to request the representatives to appear in the coimcil
chamber. Upon their appearance. Wait Winthrop made a speech to them in behalf of the Council,
formally. communicating to them the fact of the assumption by the Council of the administration of the
government, under the charter, and of the proclamation which they had accordingly issued, and of the
letters which they had sent to the home government. Copies of the proclamation and letters were there-
upon delivered to the Speaker of the House, and the General Court was directed to proceed with the busi-
ness left unfinished at the prorogation. The House was then dismissed. Wiuthrop acted as first or pre-
siding councillor until he went to England as special agent for the province, when Pynchon succeeded to the
chair.
t See note f to legislative list for 1700-1, p. 238, ante.
X The Lieutenant-Governor, at first, demurred at Corwiu's election, but finally signified his approval
thereof on the third of June.
284 Province Laws (i?esoZt;es, ete.). — 1701-2. [Representatives.]
Of the bihahitants o/, or proprietors of, land within the territory formerly called
the Province of Maine : —
Eliakiji Hutchinson, Esq., Joseph Hammond, Esq.,*
Benjamin Browne, Esq.
Of the inhabitants of or proprietors of land within the territory lying between the
river of Sagadahoc and Nova Scotia : —
Joseph Lynde, Esq.
For the Province^ at large : —
John Wallet, Esq., Samuel Partrigg, Esq.
May 28, 1701
Mr. NEHEMIAH
County of Suffolk.
Boston,
Mr. John White,
Capt. Samuel Legg,
Mr. Nathaniel Oliver,
Capt. Andrew" Belcher.
Roxbury,
Ml'. William Denison.
Dorchester,
Mr. Samuel Robinson.
Dedham,
Capt, Daniel Fisher.
Braintree,
Lieut. John Baxter f
Milton,
Capt. Thomas Vose.
Weymouth,
Lt.-Col. Ephraim Hunt.
Hingham,
Lieut. Jeremiah Beale.f
Medfield,
Mr. John Harding.
County of Essex.
Salem,
Capt. Samuel Gardner,^
CajJt. Samuel Bi-owne.
Ipswich,
Mr. Nehemiah Jewett,§
Capt. William Goodhew.||
Newbury,
Maj. Daniel Davison,
• Lieut. Tristram Coffin. f
Lynn,
Capt. John Burrill, jun.l
Marblehead
Mr. Richard Trevet ,**
REPRESENTATIVES or DEPUTIES.
to April 9, 1702,
JEWETT, Speaker.
County of Essex — Concluded.
Beverly,
Mr. Samuel Balch.
Boxford,
Mr. John Pebody.ff
Salisbury,
Mr. Nathaniel Eastman,
senior.Jt
Amesbury,
Mr. Thomas Stevens.
Andover,
Mr. John Aslebee,§§
Haverhill,
Capt. Samuel Ayer.
Wenham,
Lieut. William Fiske.f
Topsfield,
Quartermaster Tobijah Per-
kins.llll
Rowley,
Capt. Joseph Boynton.
Gloucester,
CaxDt. James Davis.
Bradford,
Mr. John Chadwick.
County of York.
Kittery,
Mr. Nicolas Gowen.
York,
Mr. James Plaisted.
County op Middlesex.
Gharlestown, Mr. Samuel Phipps.^'^
Cambridge, Capt. Thomas Oliver.
* Hammond does not appear to have taken the qualifying oaths, nor to have sat in the Council during
this year.
t " Lieutenant," in the town records ; but " Mr.," in the Secretary's list.
X " Gardiner," in the Secretary's list
§ For the first time, Jcwett wrote his name this year with two t's. This is in his signature to the
qualifying oaths ; but in subscribing the articles of association he wrote his name with one t, as before.
II " Goodbue," in the Secretary's list.
If «' Captain," and " Burril," in the Secretary's list; but " John Burrill, jun.," in the town records.
** " Trcvit," in the Secretary's list.
tt "Pabody," in the Secretary's list.
IX " Eastham," in the Secretary's list; but " Nathaniel Eastman, senior," in the town records.
$5 " Asclby," in the Secretary's list.
II II " Quartermaster," in the town records ; but " Mr.," and " Tobijah," in the Secretary's list. Written
" Tobiiah," in the town records, and so subscribed to the qualifying oaths.
1111 " Phips," in the Secretary's list. The town voted to send but one representative this year, '• by
vote of major portion."
[Keprksentatives.] Puovince Laws {Re.solve.s, etc.). — 1101-2.
285
County or
Walerlown,
Newton,
Woburn,
Concord,
Sherbu7'ne,
Sudburt],
Maiden,
Reading,
Medford,
Chelmsford,
Billerica,
Marlborough,
Framingham,
• Middlesex — Concluded.
Mr Daniel Warrin, senior*
Capt. Isaac Williams.
Maj. James Converse t ■
Capt. James JMinott, Esq. J
Deacon IJenoni Larned §
Mr. William Bi'owne ||
Mr. riiineas Upham
Capt. John Browne.
Mr. Thomas Willis
Mr. Edward Spauldyng.^f
Capt. Joseph Tompson.
Mr. Thomas How.
Mr. Thomas Drury.
County of Plymouth.
riijnioulh, ('apt. James Warren.
Scituale, Ensign John Cushing, jun.§^
Duxburg, Capt Seth Arnold ||||
Marahjicld, Mr. Isaac Winslow.
County of Baunstahle.
Barnstable, Mr. John r)acon.T[1[
Yarmouth, Mr. John Millei*, senior.***
Eastham, Mr. Israel Cole.
County of IIampsiiiue.
Springfield,
Northampton,
Hadley,
Westfield,
Hatfield,
Lieut. John Hitchcock, sen.*
JNIr. John Clarke.ff
Mr. Jonathan IMarsh.
Capt. Isaac Phelps.
Sergeant John White. ft
Bristol,
Taunton,
Dartmouth,
Rehoboth,
Swanzey,
County of Bristol.
Capt. Ebenezer Brenton.
Mr. James Leonard.
Capt. Seth Pope,
ilr. Stephen Paine. fft
Mr. Ephraim Pirce.ftt
Little ComjUon, Mr. William Fobes.
JOHN WHITE, Clerk.
JAMES MAXWELL, Doorkeeper to the Lieutenant-Governor ,
Council, and General Assembly.
* " Senior," in the town records, and in his signature.
t Signed, for the first time, with a final e.
t " Capt.," in the town records ; but " Esq.," in the Secretary's list. Signed " Minott," this j^ear, to the
oaths and the association.
§ " Deacon," in the town records ; but " Mr.," and " Leonard," in the Secretary's list. " Learned," in
the town records.
II " Brown," in the town records.
II " Spaulden," in the Secretary's list.
** " Lieutenant," in the town records ; but " Mr.," in the Secretary's list.
tt " Clarli," in the Secretary's list.
XX Not in the Secretary's list, though in the town records ; and he subscribed the qualifying oaths.
(\ " Ensign," in the town records ; but " Mr.,' in the Secretary's list.
II II Arnold was chosen representative on the sixteenth of May, but refused to serve, and Lieut. Francis
Barker was elected. But, since Arnold was sworn, the latter must have declined.
HH " Beacon," in the Secretary's list.
*** " Senior," in the town records.
ttt "Pain," in the Secretary's list, and so subscribed to the association; but he signed tlie oaths,
" Paine."
+++ " Peirce," in the Secretary's list, but " Pearce," in the town records. Signed " Pirce " in the sub-
scription to the oaths.
" May 17, 1701. Then pursuant to His Majesties writt to y« Selectmen To warn the Inhabitants of y"
Town to assemble together as y^' law directs to Chuse one to Represent y" at y* Great Sc general Court or
assembly on May 28. The Town having had warning as per return of y« Constables Mett on y? 13"' of
May 1701 & Proceeded to Choice & Chose Viz:' Mr. Epraim Pearce Representative." — .Swrt«zey town
records, book 2, p. 123.
" By virtue of a writt from y« Speaker of the house of Representatives to Chuse one to serve instead of
Ephraim Pearce he being dismised which writt bares date y 16tj.i of August & forthwith warning was
Issued out to call y" town together who mett y 233 of ye sti month October & chose Capt. John Brown.
But he not being there a Summons was sent him to attend s'' service but he would not then accept." —
Ibid., p. 124:
"Note — At a Town Meeting Legally warned & y« Town being mett together Feb- y« 10th 170.^ for
Choice of a Representative — The Town proceeded to vote for a Representative & chose Lieut. James
Co\e." — Ibid., p. 127.
ORDERS, rp:solves and memorial
Passed at the Session begun and held at Boston,
ON THE Twenty-eighth day of May, A. D. 1701.
CHAPTER 1.
ORDER THANKING JOSEPH BELCHER FOR HIS ELECTION SERMON AND
APPOINTING A COMMITTEE TO COMMUNICATE THE THANKS, ETC.*
Ordered, That the thanks of the board be given to M""- Joseph Bel-
chei' for his sermon preached yesterday before the general assembly,
and that Samuel Sewall and John Walley, Esq""^-, present him there-
with and desire a copy of his sermon for the press. \^Passe(l May 29.
CHAPTER 2.
RESOLVE FOR STATING THE DIVIDING LINE BETWEEN NORTHAMP-
TON AND WESTFIELD. PROVIDED, ETC.; ALSO FOR RESERVING FOUR
HUNDRED ACRES TO WILLIAM HUBBARD, WHO WAS WOUNDED IN
THE KING'S SERVICE. [Approved June 4.
[Printed with resolves, orders, etc, relating to the establishment, etc.,
of towns, etc.']
CHAPTER 3.
ORDER APPOINTING A HEARING OF THE TOWNS OF DEDHAM AND
NATICK UPON THE DIFFER,ENCE BETWEEN THEM CONCERNING
THE BOUNDS OF SAID TOWNS, ETC. [Passed June 6.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, efc]
* See resolves, 1692-3, chapter 8, and 1693, chapter 1 and notes.
[287]
288 Province Laws {Resolves etc.). — 1701-2. [Chaps. 4-8.]
CHAPTER 4.
ORDER FOR rOSXrONING THE HEARING ON THE PETITION OF THE
SELECTMEN OF BRADFORD RESPECTING THE BOUNDS BETWEEN
SAID TOWN AND ROWLEY, ETC. [Passed June 6.
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc."]
CHAPTER 5.
ORDER FOR REVIVING AND CONTINUING, ETC., THE COMMITTEE
APPOINTED JULY 19, 1699, TO EXAMINE, ETC., THE ACCOUNTS OF
CLAIMS, ETC., UNDER THE GOVERNMENT OF SIR EDMUND ANDROS,
ETC., AND AUTHORIZING SAID COMMITTEE TO GRANT DEBEN FURES,
ETC.
Ordered — That the Comittee formerly Appoiuted to Receive Claims
of Debts, Couti-acted by the Publick during the Time of the Gov-
crnm- of Sf Edmund Androsse, be, and hereby are Revived and Con-
tinued a Comittee to Receive Claims of Debts contracted as afores*? for
and by the Space of Three months from this Time and no longer, after
which Time no Such Claims as afores'? shall be Received, which s^
Comittee are to Signify by Advertisements Sent to the severall Towns
of this Province. And
That s'- Comittee be Directed & Impowered to Grant Debent" upon
such Claims in like manner as upon Claims of such Debts, that were
afore Received. [^Approved June 9.
CHAPTER 6.
ORDER FOR ESTABLISHING AND DEFINING THE BOUNDARIES OF TWO
PRECINCTS IN THE TOAVN OF SCITUATE. [Approved June 9.
[^Printed loith resolves, orders, etc., relating to the establishment, etc.,
oftoivns, etc.']
CHAPTER 7.
RESOLVE APPOINTING A COMMITTEE TO SETTLE THE LINES BE-
TWEEN THE TOWNS OF SHERBURNE AND FRAMINGIIAM, AND
TO MAKE REPORT THEREOF AT THE PRESENT SESSION OF THE
GENERAL COURT. [Passed June 11.
[^Printed loith resolves, orders, etc., relating to the establishment, etc.,
oftotvns, etc.]
CHAPTER 8.
RESOLVE, ON THE PETITION OF THE COMMITTEE AND INHABITANTS
OF BROOKFIFLD. FOR A PLAT OF THE TOWNSHIP, AND A DESCRIP-
TION OF THE BOUNDARIES AND QUALITY OF THE LAND, TO BE
LAID BEFORE THE GENERAL COURT, AT THEIR NEXT SESSION.
[Passed June 11.
[Printed with resolves, orders, etc., relating to the establishment, etc ,
of towns, etc.]
[1st Sess.] Province Laws {Resolves etc.). — 1701-2. 289
CHAPTER 9.
ORDER APPOINTING A COMMITTEE TO PREPARE THE DRAUGHT OF
AN ADDRESS TO THE KING, ETC.
In the House of Representatives .Tune 11"' 1701.
Ordered — Tliat James Converse Esq- Cap? Samuel Phipps, Cap- Sam-
uel Brown .John Cushion Esq"^ and Majf Daniel Davisson ; be a Comit-
tee to Join with a Comittee of the Board for the Drawing up an
Addresse to his Maj'/ Referring to tlie matters Contained in the Lett"
from his MajlJ hiid before this Court : And Such other things as may
be by them thought meet to be laid before his Maj'^ for his Service,
and Good of his Subjects here.
Sent up for Concurrence. Nehemiah Jewett. Speaker.
IS'*" June. 1701. In Council Read and concurred with. And
Ordered That Wait Winthrop, Elisha Cooke Samuel Sewall & Nathan'.
Byfield Esq'' with the Secretary, be a Committee of the Board for the
affair aboves*^ Wait Winthrop Esq' to be chairman, the committees to
sit de die in dievi. Is- Addington Secry.
[Passed June 13.
CHAPTER 10.
ORDER ACCEPTING THE REPORT OF THE COMMITTEE APPOINTED
TO INQUIRE, ETC., INTO THE GRANTS OF THE ASSEMBLY, ETC.,
AFFECTING THE BOUNDARY LINE BETWEEN DARTMOUTH, LITTLE
COMPTON AND TIVERTON, AND SETTLING THE LINE BETWEEN
SAID TOWNS, ETC.* [Approved June 13.
[Printed with resolves, orders., etc., relating to the establishment, etc.,
of towns, etc."]
CHAPTER 11.
ORDER REFERRING TO THE NEXT SESSION THE PETITION OF THE
TOWN OF DARTMOUTH PRAYING TO BE EXEMPT FROM PAYING
TOWARDS THE CHARGE OF BUILDING A BRIDGE OVER THE GREAT
RIVER IN TAUNTON, AND FOR NOTIFYING THE SELECTMEN OF
TAUNTON, FREETOWN, TIVERTON AND LITTLE COMPTON.
A PETITION of the town of Dartmouth, in the county of Bristol,
praying to be freed from paying towards the charge of building a bridge
over the Great River in Tannton, within the same county, was sent
up from the representatives with the following order thereupon, viz'-, —
Ordered — That the Petition on the other side be Referred to be
heard on the 2*? Wednesday of the next Session of this Court, and That
the Selectmen of of the Towns of Taunton, ffreetown Tiverton and
Little Compton, be Notified thereof, by the Petitioners. [Concurred in
by the Council, and passed June 17.
CHAPTER 12.
RESOLVE APPOINTING A HEARING ON THE PETITION OF SETH
PERRY AND SAMPSON MOORE RELATING TO AN ESTATE IN BOS-
TON FORMERLY BELONGING TO ONE SHEFFIELD, AND FOR NOTI-
FYING JOSEPH HOLMES THEREOF, ETC.
A PETITION of Seth Perry and Sampson Moore relating to an house
and land in Boston that was the estate of one Sheffield, was sent up
* See resolves, 1698, chapter 39, ante.
290 Province Laws (i?esoZves e<c.). — 1701-2. [Chaps. 13-16.]
from the representatives with their resolve thereupon, that the petition-
ers and Joseph Holmes (who pretends a right to said estates) be noti-
fied to attend on Wednesday next at two o'clock and be then heard
thereon. [^Concurred in by the Council, and passed June 17.
CHAPTER 13.
ORDER REFERRING TO THE NEXT SESSION THE PETITION OF THE
PURCHASERS AND INHABITANTS OF THE LANDS CALLED SIIE-
WAMET, ETC., PRAYING TO BE ANNEXED TO FREETOWN, AND
THAT THE SELECTMEN OF SWANZEY BE NOTIFIED THEREOF.
[Passed June 19.
\_Printed loith resolves, orders, etc., relating to the establishment, etc.,
of towns, ete.]
CHAPTER 14.
RESOLVE FOR ALLOWING OUT OF THE PROVINCE TREASURY TEN
POUNDS TO OLIVER PURCHASE IN CONSIDERATION OF HIS FORMER
PUBLIC SERVICES.
Whereas M''- Oliver Purchis, an ancient public servant of the gov-
ernment, is fal'n to decay and become very indigent and necessitous,
not having whereof to subsist now in his age and being rendred unca-
pable of labour, —
Resolved, That in consideration of the good service done by said
Oliver Purchis, he be allowed the sum of ten pounds out of the public
treasury of this province for his necessary support. [^Approved June
19.
CHAPTER 15.
RESOLVE FOR AN ADDITIONAL* ALLOWANCE OF FIFTEEN HUNDRED
POUNDS TOWARDS FORTIFYING CASTLE ISLAND.
Resolved — That the Sum of ffifteen Hundred Pounds be further
Allowed out of the Publick Treasury over and above what is already
Granted for and towards the fortifying Castle Island. [^Approved
June 20.
CHAPTER 16.
RESOLVE FOR ALLOWING ONE HUNDRED POUNDS OUT OF THE PROV-
INCE TREASURY TOWARDS REPAIRING THE FORT AT SALEM.
Resolved — That the Sum of one Ilundi-ed Pounds be Allowed out of
the Publick Treasury towards Repairing the ffort at the Town of Salem,
Provided That the Town afores^ Expend One hundred Pounds more
for the same Use, And take Care for the future to keep it in Repair.
[^Approved June 20.
* See resolve, 1700-1, chapter 85, note.
[1st Sess.] Province Laws {Resolves eLc). — 1701-2. 291
CHAPTER 17.
RESOLVE FOR ALLOWING TWENTY-TWO POUNDS OUT OF THE PROV-
INCE TREASURY TO CAPTAIN SAMUEL LEGG ON ACCOUNT OF
FREIGHT ON SOLDIERS' CLOTHLNG, ETC., IN THE YEAR 1686.
Resolved^ That the sum of twenty and two pounds be allowed out of
the public treasury to Capt. Samuel Legg, on accompt of frieight of
sonldiers' cloathing, bedding, etc., computed at fifteen tuns and half,
in tlie year 1G86, put on board the ship Barbado^s, merch'-, whereof
said Legg was master, then lying in the Downs, and transported
therein from thence to Boston, and delivered to Joseph Dudley, Esq"^-,
then president. [^Approved June 24.
CHAPTER 18.
RESOLVE FOR ALLOWING OUT OF THE PROVINCE TREASURY ONE
HUNDRED AND TWENTY-FIVE • POUNDS TO JAMES RUSSELL AS
COMPENSATION FOR HIS AND HIS FATHER'S SERVICES AND LOSSES
SUSTAINED WHILE TREASURERS OF THE COLONY.
In Answer to the Petition of James Russell Esq'f on the other side
Besolved That the Sum of One Hundi-ed Twenty and five Pounds be
Allowed out of the Publick Treasury unto the afores"? James Russell
Esq- the Petitioner as a full and finall Consideration of his Service
done for the Publick as Countrey Treasure and Losses Sustained by
him, and Richard Russell Esq- his late father dec'? in the same service
[^Approved June 25.
CHAPTER 19.
RESOLVE APPOINTING A COMMITTEE TO CONSIDER THE PETITION
OF THE INHABITANTS OF THE COUNTY OF YORK RELATING TO
DUTIES IMPOSED BY NEW HAMPSHIRE UPON VESSELS PASSING
UP PISCATAQUA RIVER, ETC.
To y^ Hon'^'*' y^ Lieu' Govern'' and Council of his Majesties Province
of the Massachusets Bay —
The Petition of Sundry the Inhabitants of the County of York
bordering upon the river Piscataqua —
Most humbly Sheweth
That whereas an Equall right to y*= river of Piscataqua has been
always accounted belonging to this Goverm', with that of the Province
of New-Hampshier, for which reason we are humbly of opinion the
trade on this Side y° river ought not to be interupted by the Goverm'
on y" other however we are Credibly informed that y^ Generall Assem-
bly of New hampshier have lately past an Act of 12^ ^ tun : payable
by all Small vessells trading into this river And that they are resolved
not to confine tliemselves within the Limits of their own Goverm* but
to impose the vSame on Such vessells as shall come to trade on this
Side, which they are enabled to doe by having a ffort that comand? y^
292 Province Laws {Resolves etc.). — 1701-2. [Chap. 20.]
mouth of y^ river whereby Small vessels will be discouraged coming
to us as formerly with a Supply of Provision and other Ncssessaries
from Boston and So Exporting our Lumber, the native product of the
place, which will be very prejudicial to the Inhabitants here —
We therefore humbly Pray y"' hou''-^ to take this matter into your
Serious consideration and to give Such relief as in your hon" great
wisedome Shall be thought most Meet
Jos : Hamond
Kittery March 25'^ 1701 — Ichabod Plaisted
John Hill
Charles ffrost,
Thomas Abbott
June 3^M 701. Read.
June G'*' 1701. In the House of Representetives
Resolved That This Petition be Referred to the Comittee to whom
the Petition of Sam'3 Sewall Esq! & Hannah his wife, concerning their
Interest in the Land of Nod is referred f That they Examine & Con-
sider the matter thereof, and make Report of the Same, with their
Opinion thereon to this Court.
Sent up for Concurrence. Nehemiah Jewett. Speaker :
In Council. June. 25'> 1701-/.
i^esoZved, That Elisha Hutchinson-, John Foster and Eli akim Hutchin-
son Esq""^ be a Committee of the Board to joyne with a Committee of
the house of Representatives to consider of the matter of the within
written Petition and to make Report to the Session of this Court.
Sent down for concurrance/. Isf Addington Secry
f Maj! Converse, Gapt. Phips, M: Cushion, Maj! Davisson.* [^Passed June
25.
CHAPTER 20.
RESOLVE FOR ALLOWING AND PAYING OUT OF THE PROVINCE
TREASURY SIXTEEN POUNDS FOR RENT OF THE ROOM OCCUPIED
BY THE COMMISSIONERS OF IMPOST, FOR THE TWO YEARS LAST
PAST.
Resolved — That the Sum of Sixteen Pounds be Allowed and Paid
out of the Publick Treasury for the Rent of the Room Taken up, and
Improved by the Comiss- of Impost, for the Two Years last past.
\_Approved June 2.5.
* No record, or other memorandum than the above, of the appointment of this commit-
tee has been discovered. Probably the only record of this petition of Sewall, and of the
order thereon, was in the journals of the House, which are not now extant previous to
1715, when they were first printed. The tiles of the House seem to have perished with the
journals.
[1st Sess.] Phovince Ijaw^ [^Resolves etc.) . — 1701-2. 293
CHAPTER 2*1.
RESOLVE FOU Al'l'llOVING AND ALLOWING THE PROVINCE TREAS-
URER'S ACCOUNTS FROM MAY 27, 1700, TO MAY 28, 1701.
The Accompts of M- James Taylor Treasurer and Receiver General
of this Province liegining the 27!!.' day of May 1700. and continued
unto the 28*1' day of May 1701 — amounting unto the sum of Thirteen
Thousand Six hundred P^ighteen Pounds Eighteen Shillings «fe Eight
pence haveiug been presented and laid before the house of Represen-
tatives and inspected by said house By which it appeares there was
Standing Out on y° said 28'-'' day of May Of the Several Assesraents
Twelve hundred & Six Pounds Eight Shillings & Two pence & in the
hands of the Earmers. of the Duty's of Excise Eighty Eight Pounds
Sixteen Shillings & Six pence. As Also of the Duty's of Impost &c-
(as by Accompt rec"? from Jn" Walley Esqi late Comissio-) Sixty
Pounds to be drawn into the Treasury and further to be Accompted
for.
Resolved — That the said Accompts in the Several Articles of Receipts
and Payments therein mentioned, amounting unto the sum of Twelve
Thousand Two hundred Sixty three Pounds fourteen Shillings be &
hereby are approved and Allowed of. And the said Treasurer is
hereby discharged of the said sum of Twelve Thousand Two hundred
Sixty three Pounds fourteen Shillings \^Approved June 25.
CHAPTER 22.
RESOLVE DECLARING THE NEED OF AN AGENT FOR THE PROVINCE
IN ENGLAND.
Resolved — That It is needf ull for this Province To have an Agent
to Negotiate their Affairs in England — \_Passed June 26.
CHAPTER 23.
RESOLVE FOR ALLOWING FIFTEEN POUNDS OUT OF THE PROVINCE
TREASURY TO THE TOWN OF TISBURY FOR THEIR ASSISTANCE IN
BUILDING A MEETING-HOUSE.
Resolved — That the sum of fifteen Pounds be Allowed out of the
Publick Treasury to the Town of Tisbury for their Assistance in
Building a meeting House. \_Approved June 26.
294 FROvmcE IjAws (Besolves etc.) . — 1701-2. [Chap. 24. J
OHAPTER 24.
DRAUGHT OF A MEMORIAL TO THE KING IN REPLY TO HIS LETTERS
TO THE GOVERNOR OF THE PROVINCE RESPECTING THE COM-
PLAINTS OF THE KING'S SURVEYOR OF WOODS, AND IN RELATION
TO THE EXPENSE OF FORTIFICATIONS AND OF THE WAR; ALSO
IN REGARD TO THE SENDING ACCESSORIES IN PIRACY TO ENG-
LAND FOR TRIAL, ETC., TOGETHER WITH THE VOTE APPROVING
OF SAID DRAUGHT.
To the Kings most Excellent Majesty.
A Memoriai. of the L- Governour Council and Representatives, of
your Maj''."^ Province of the Massachusetts Bay in New-England. — .
May it please your Maj.*Z.
Upon Perusal of your Maj''f^ several Gracious Letters of the lO**" of
January and. 2*? of February. 170^ Directed to your Ma"'^^ Governour
Or Commander in Chief for the time being of this Province ; And on
Matui'e Consideration of youi" Ma''^^ Royal Commands therein Signifyed.
We crave leave in all humble and dutiful manner to Represent to
your Sacred Majesty. That.
As to the Complaints of the Spoil of Woods, by cutting down and
converting to private uses, Such Trees as are or may be proper for the
Service of your Ma"f Royal Navy.
We are ignorant of any grounds for Complaints of that nature, none
haveing been made to the Government here of any such practice with
in this Province ; which had it been. We Should have endeavoured to
restrain and prevent the same.
Your Majesty haveing been pleased by yo. Royal Comission in the
Second year of yo.^ Ma".'"' Reign to Grant unto Jahleel Brenton Gent
the Office of Surveyor of all and singular Woods, Fir-trees and other
Timber trees within these your Territories fit and proper for the use of
yo- Maj''P' Royal Navy, Impowring him, his Deputy or Deputies to
view Survey and marke all such Trees, and to Register the same &c? &
The said m- Brentou and his Deputies being in the actual exercise of
said Office, We might reasonably expect had any obstruction been
given them therein, or any Spoils made they would have made applica-
tion to the Government for redress thereof ; but they have not offered
at any time any such Complaint. And timber proper for your Ma''^^
Service is of so great value and P^steem here that no persons who have
any such will readily Spoil imbezel or convert it to other use, because
it would be much to their disadvantage.
As to Fortifications.
The last Summer We caused a small Fortification to be Erected at
Casco Bay, where there is a Garrison posted, upwards of Fifty miles
to the Eastward of any present Settlement of the English. Whereby
we design to accommodate the Indians for Trade, and to supply tliem
at easy rates tho with loss to the publick, to prevent their goeing to
the French therefor and to fix them in the EngUsh Interests. As
also to Encourage the resettlement of that part of the Province, and a
Plantation will be speedily set forward there, in case a new War do
not commence.
The Fort formerly Erected at Pemaquid cost us not less than
Twenty Thousand pounds to build and maintain the same, and we are
not sensible we had in any measure a proportionable advantage thereby,
the situation thereof was on a Promontory towards the Sea, much out
of the ordinary Roads- of the Indians ; yet were we careful to furuisli
and Supply the same with all necessary Stores and provisions, and
[1st Sess.] i^RoymcKLiA-ws (liesolves etc.). — 1701-2. 295
had newly reinforced the GaiTison, (which with that recruit consisted
of more than Fourscore men), and sent them fresh Supplies, a little
before it unhappily fell into the hands of the Enemy, had the Com-
mander been as well furnished with Conduct and Resolution, it had
probably been defended
We are humbly of Opinion That the rebuilding of a Fort at Pema-
quid, lying upwards of one hundred miles distant from any part of the
Province at present Inhabited by the English, can be no Security to
our Frontiers, or bridle to the Indians ; The onely benefit we conceive
might arise thereby would be to Shelter a few Boates that may be
Imployed in Fishing towards those parts and at sometimes put in
there. And it would draw such a considerable charge upon your
Maj".*' Subjects, as they cannot possibly Support.
We are actually at worke in rayseing new Fortifications on Castle
Island neer Boston (the place of greatest Import within this your
jyjj^jtiea Province) under the direction and Oversight of Col" Romer your
Maj''f^ Engineer ; which workes will amount to considerable Sums of
money. And it's further necessary could we be able to support the
charge thereof, (which indeed we cannot) That Fortifications should
be made in several o'ther places within this Bay, neer Boston, as
Salem, Marblehead, Glocester Plymouth & Hull, being so many
avenues by which the Enemy may make Impressions upon us.
Our Incapacity for doing what is necessary in this respect, where
we are more neerly concerned. We hope w'-' Submission will suffi-
ciently excuse us from contributing to the charge of building and
maintaining of Forts in the Province of New Hampshire ; Their Ability
to maintain the Fort in that Province is proportionably much greater
than that of yo- Maj''P^ Subjects in this to do what is necessary as to
Fortifications here. This Province was at very great charge to give
them Assistance during the late War, and must necessarily further
assist them, if War arise again, tho they have not done any thing
towards reimbursing what was before
As to a Quota of Assistance in men or money for New- York,
We cannot be able to comply therewith without apparent hazard of
exposing your Ma''f' Interests within this Province. The line of our
Frontier both by Sea and Land is of far larger extent then that of
New-York, and do's necessarily require by far a greater number of
men to guard the same. We lye much more open and exposed to an
attack by Sea, than New-Yorke do's ; and if they be in hazard much
more shall wee. And if War happen with France, we must expect the
Indians will breake forth again. The Line of our Frontier o gainst
them is upwards of two hundred miles in Length ; And the French
and Indians in the late War found none or little difficulty to come
from Canada down the Rivers either in their Canoes, or on the Ice in
the winter Season, and infest our Northern and Western Towns,
whereto they can have a more easy access than to Albany ; And it is
not to be thought but that they will again make [use*] of such
advantage. The Inland Frontiers of New-Yorke are streng[thened*]
with some of yo- Ma''." Foot Companys being constantly upon duty,
and have the Five Nations a Barrier to them, who will be ready at all
times to give them Notice of the approach of an Enemy, and afford
them assistance. Also other of ^^^our Ma"."^ Colony lye more contigu-
ous to New-Yorke and can more readily afford them Succours than
this Province, they lyeing less exposed.
The vast Expence this Province was at in the time of the late War
* Manuscript mutilated.
296 Province Laws {Resolves etc.). — 1701-2. [Chap. 24.]
for the preservation of your Ma"''^ Interests within the same, and in
the Province of New-Hampshire (which without assistance from hence,
would have become an Easy prey to the Enemy) Besides the devasta-
tions then made by the Enemy, have reduced your Maj''f^ Subjects liere
to an extreem deptla of poverty. The wounds they then received both
in their persons and Estates are so recent, that they would labour of
insuperable difficulties to be anew Erabroyled in War, and liable to be
transported to Serve in another Province ; whilst their Familys and
Estates lye exposed, at home.
As to the sending Accessories in Piracy into England for TJi-yal.
We fear the practice thereof will put discouragement on persons to
discover any such Accessories they may know or be informed of, least
they themselves be Obliged to accompany them into P^nglaud, as
Witnesses ; which may prove ruinous to many to be taken up on a
suddaiu and carryed away from their buisness and Familys and the
like may be said as to persons accused or taken up on Suspition, who
may appear innocent and be acquitted on their Tryal.
By the aforegoing Representation in which we have Endeavoured
truely to Set forth the danger your Maj''f' Subjects and Interests,
within this Province will be in of being exposed by a new War with
France, together w'-'' y^ Indians Breaking out again upon us, and our
incapacity of doing what is necessary for our defence against so potent
an Enemy as the French and to counterworke the crafty designes and
Surprizes of the barbarous & bloody Salvages, who have such advan-
tages against us, yoiu' Maj'^ may be pleased to take a view of the state
of our Affairs and to judge of our wants especially of Canon, small
Armes and other Stores, for War for the Furnishing of yo^ Maj'!'=' Forti-
fications and Garrisons within this Province. As also some Ships of
War of greater Force then those at present assigned to this Station,
for the better Guarding and securing of the Coast, in case of War,
For which we humbly implore your Ma"^' Grace.
We humbly crave leave further to Subjoyn to the Answer made by
S- Henry Ashhurst. to the Petition preferred to yo? Maj'^ by the Earl
of Limerick for the grant of a Tract of Land called Pemaquid.
That Besides the Grant thereof made in yo- Maj"''" Royal Charter for
this Province. The said Land with others lying both to the Eastward
& Westward thereof was anciently granted by the Council of Devon to
particular persons as their own property, and by them since allotted
out and a great part thereof actually improved, until the Inhabitants
were forced away by the hostility of the Indians. And will be again
resetled, if peace continue, which Lands are also purchased of the
Indians
All which is most humbly Submitted by Your Ma'^' most duti-
ful obedient & loyal subjects by *
The Memorial read in Council June. 26'^ 170L/. and agreed to by the
Board. 1st Addington SecTp.
In the House of Representatives June 27'^ 1701.
Read and agreed to. Nehemiah Jewett. Speaker.
[_Passed June 27.
* This blank was left for the signatures of the Governor, the several councillors, and the
Speaker, or other person authorized to sign for the representatives.
[IST Sess,] Province \jA.\w^ {Resolves etc.). — 1701-2. 297
CHAPTEK 25.
RESOLVE APPOINTING AND INSTRUCTING A COMMITTEE TO ASCER-
TAIN THE BOUNDARIES OF FOUR THOUSAND ACRES OF LAND AS-
SIGNED TO THE TOWN OF NATICK BY THE TOWN OF DEDHAM,
AND TO REPORT THEREON, ETC. [rassed June 27 .
'[Printed with resolves, orders, etc., relating to the establishment, etc.,
oftoivns, etc.']
CHAPTER 26.
RESOLVE FOR SETTLING THE BOUNDS BETWEEN BILLERICA AND
BLOODS' FARMS, AND BETWEEN SAID TOWN AND THE TOWNS OF
CONCORD AND CHELMSFORD. [Approved June 27.
[^Printed toith resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.]
CHAPTER 27.
RESOLVE FOR PAYING THE REMAINDER OF THE DEBTS, ETC.,
CONTRACTED DURING THE TIME OF SIR EDMUND ANDROS, AND
EMPOWERING THE COMMITTEE THEREON TO GRANT DEBENTURES,
ETC., UNTIL OCTOBER 7, 1701.
Resolved — That the Remaining Part of the Debts Contracted by the
Publick during the Time of the Governm? of S- Edm'? Androsse which
were Reported by the Comittee App"^.*^ by this Court to Receive Claims
of Such Debts, together with Such further Debts, as S^ Comittee Shall
Receive the Claims of, within the Time Limited for that end by this
Court, be Paid out of the Tax to be Granted at the present session of
this Court.
That the Comittee aforementioned be Directed and Impowered to
Grant Debenturs, upon such Claims to the respective Claim" or
Credit^'; And therein Attend the Directions, and Instructions that were
heretofore given them by this Court for Granting Debent" upon Debts
Contracted as afores"?
And That the s'? Comittee be Impowered to Grant Debenturs, from
this Time untill the Seventh Day of October next and no longer.
[Approved June 27.
CHAPTER 28.
RESOLVE FOR ALLOWING TWO HUNDRED POUNDS TO JAMES TAYLOR,
TREASURER OF THE PROVINCE, FOR HIS SERVICES FOR THE YEAR
1700-1.
Resolved, That the sum of two hundred pounds be allowed out of
the public treasury to M""- James Taylor,, province treasurer, for his
service in said office the year last past. [Approved June 28.
298 FnovmcE Laws {liesolves etc.) . — 1701-2. [Chaps. 29-31.]
CHAPTER 29.
RESOLVE FOR ALLOWING THIRTY POUNDS TO JAMES MAXWELL FOR HIS
SERVICES AS DOORKEEPER TO THE LIEUTENANT-GOVERNOR, COUN-
CIL AND REPRESENTATIVES, FOR ONE YEAR ENDING JUNE 8, 1701.
Resolved, That the sum of thkty pounds be allowed to M'- James
Maxwell out of the public treasury for his service as doorkeeper to
his honour the lieut.-governour and council, and this court, the last
year, which expu-ed the eighth day of the present month. \_Approved
June 28.
OHAPTEK 30.
RESOLVE FOR CONTINUING FOR THE PRESENT YEAR THE COMMITTEE
APPOINTED TO MANAGE THE EXPENDITURE OF THE MONEY
GRANTED TOWARDS FORTIFYING CASTLE ISLAND.
Resolved — That the Comittee App'^ by this Court to lay out the
money Granted' the last Year for ffortifying Castle Island be a Comit-
tee They or any Two of Them to Order, Direct and manage the Laying
out the money Granted the present session of this Court towards ffor-
tifying s'-' Island, and to Give order, & Direction for the Reparacon,
or New making of ffortifications on S^ Island therewith. And That s'?
Comittee be duly Satisfied for Such their service out of the Province
Treasury. [_App)roved June 28.
CHAPTER 31.
RESOLVE REQUESTING THE SECRETARY TO WRITE TO THE GOVERN-
MENT OF NEW HAMPSHIRE REMONSTRATING AGAINST THE IMPO-
SITION OF TONNAGE ON VESSELS BELONGING TO THIS PROVINCE
ENTERING THE PISCATAQUA.
Elisha Hutchinson, Esq''-, chairman of the committee appointed to
consider of the matter of the petition of Joseph Hamond, Esq''-, and
others of the county of Yorke, relating to the imposition of tunnage and
other duties laid by the governm'- of New Hampshire upon vessels
passing up Piscataqua river to that part of the province, etc., reported
their opinion thereupon, —
It is the Opinion of the Comittee that a letter be written from this
present Court to the Government of Newhampshire_ representing to
them their unkindness in laying an imposition of Touage on the open
Sloops that go from hence into their government to trade : and un-
reasonable & injurious imposeing the Same on vessels that must pass
into the River to the late province of Mayn
In Council, June 28* 1701. ^
Read and approved, 1st Addington Secry.
In the House of Representatives, June 28"' 1701
Read & Resolved a Concurrence. And That m^ secry be Desired a
Letter for the end aboves*? Nkhemiaii Jewktt : Speaker
\_Approved June 28.
[1st Sess.] PiiOViNCE \jxwii {liesolvea etc.). — 1701-2. 299
CHAPTER 3 2.
RESOLVE REFERRING TO THE NEXT SESSION THE PETITION OF THE
TOWN OF SHERBURNE PRAYING FOR A SETTLEMENT OF THE
BOUNDARY LINES BETWEEN SAID TOWN AND FRAMINGHAM, ETC.
[Passed June 30.
\^Printed xoith resolves, orders, etc., relating to the establishment, etc.,
of towns, etc. '\
CHAPTER 33.
RESOLVE AUTHORIZING THE COMMANDER-IN-CHIEF, ETC., TO TRANS-
PORT PART OF THE MILITIA INTO THE PROVINCE OF NEW PIAMP-
SHIRE IN THE VACANCY OF THE GENERAL ASSEMBLY. [Approved
June 30.
\_Printed in the note to the act of March 16, 1699-1700.']
CHAPTER 34.
RESOLVE FOR REMITTING FIFTEEN POUNDS TO PENN TOWNSEND OF
BOSTON, FARMER OF THE EXCISE.
Resolved, That the sum of fifteen pounds be abated unto Penn Town-
send, Esq""-, out of the sum which he agreed to pay for the excise which
he farmed in the year 1G98, in consideration of his not receiving excise
from the town of Bristol. \_Approved June 30.
CHAPTER 35.
RESOLVE FOR ALLOWING TEN POUNDS TO JOHN WHITE, CLERK OF
THE HOUSE OF REPRESENTATIVES, FOR HIS SERVICES IN THE
YEAR 1701-2.
Resolved, That the sum of ten pounds b6 allowed and paid to M""-
John White, clerk of the house of representatives, in part of what
shall be allowed him for his service this year out of the public
treasury. [^Approoed June 30.
300 Pkovince Laws {Resolves etc). — 1701-2. [Chaps. 3G, 37.]
RESOLVES, ORDERS, ADDRESS, ETC.
Passed at the Session begun and held at Boston,
ON THE Thirtieth day of July, A. D. 1701.
CHAPTEK 36.
RESOLVE APPOINTING A COMMITTEE TO PREPARE THE DRAUGHT
OF LETTERS IN ANSWER TO LETTERS OF SIR HENRY ASHURST,
BART., AND CONSTANTINE PHIPPS, REFERRING TO THE AFFAIRS
OF THIS PROVINCE.
In Council. —
Resolved^ That John Hathorue, Jonathan Corwin and Nathaniel
Thomas Esq" be a Committee to joyne with a Committee to be named
by the house of Representatives, to prepare the draught of Letters in
answer to the last Letters received from S^ Henry Ashhurst, and Con-
stantine Phips Esq" referring to the Affairs of this Province — .
July. lUt. 1701. Sent down for Concurrance./
Isf Addington Secry.
In the House of Representatives Die pdi<f
Resolved — a Concurrence, And That Mf W"^ Denison, Cap? Thomas
Oliver, Mf Ebenezar Brenton and MI John White be a Comittee to
Join with the Coinittee of the Board for the affair abovementioned.
Nehemiah Jewett. Speaker.
\_Passed Jul;/ 3L.
CHAPTEE 37.*
RESOLVE DETERMINING THAT AN AGENT BE SENT TO ENGLAND TO
NEGOTIATE THE AFFAIRS OF THE PROVINCE THERE.
Resolved^ That an agent be sent from this province to manage the
aflfau-s thereof in England. \_Passed June 30; approved July 31.
* The chapters marked with an asterisk were passed, in concurrence, during the previ-
ous session, on the days given at the end of those chapters, respectively ; but the f;ital
illness of tbe Lieutenant-Governor preventing his signing them during that session, they
were formally approved and consented to at this session by a majority of the Council
acting in their executive capacity, under the charter. This consent was signified in two
separate orders dated, respectively, July 31, and August 1, to which the councillors sub-
scribed their names instead of signing each resolve in the usual manner.
[2d Sess.] Province Lawh (Jiesolves elc). — 1701-2. 301
CIIAPTEE 38*
RESOLVE APPOINTING* WAIT WINTIIROP AGENT TO ENGLAND.
Eesolved- That Wait Winthrop Esq^ be sent by this Court as an
Af^ent for this Province to manage the affairs thereof in England
[Passed June 30; approved Jidy 31.
CHAPTER 39*
RESOLVE FOR ALLOWING A PENSION OF FIVE POUNDS PER ANNUM
FOR LIFE TO JEREMIAH BUMSTEAD OF BOSTON, WOUNDED AND
DISABLED IN THE KING'S SERVICE.
A PETITION of Jeremiah Bumsteacl of Boston was sent up from the
representatives with the resolve of y'- house thereupon, as follows ;
viz'-, —
Resolved — That the Sum of five Pounds be from the Seventh Day
of this month annually Allowed and Paid out of the Publick Treasury
unto Jeremiah Bumstead the above Petitioner in Consideracon of his
being made a Creeple, by a Wound Received in His Maj"^' service
against the Indian Enemy, during his naturall life, four Pounds thereof
being to be understood as y? Allowance formerly given to s^ Petition'
on Consideration afores^ [Concurred in by the Council ., and passed
June 6 ; approved August 1.
CHAPTER 40.*
RESOLVE FOR ALLOWING AND PAYING FOUR POUNDS OUT OF THE
PROVINCE TREASURY TO BENJAMIN NASON OF BERWICK TO
PARTLY REIMBURSE HIM THE SUM HE PAID FOR THE REDEMP-
TION OF HIS DAUGHTER FROM CAPTIVITY.
A PETITION of Benjamin Nason of Barwick praying to be allowed
the charges by him disbursed in redeeming his daughter from the
Indians, with whom she had bin several years captive, was sent up
from the representatives with the resolve of that house thereupon, —
Resolved — That the sum of four Pounds be Allowed, and Paid out
of the Publick Treasury to the Petitioner Benjamin Nason towards
Defraying the Charge of his Daughters Redemption [Concurred in by
the Council^ and passed June 6 ; ap)proved August 1 .
* See note to chapter 37, ante.
302 Province Laws (Resolves etc.). — 1701-2. [Chaps. 41-43.]
CHAPTER 41*
RESOLVE FOR PAYING FIVE POUNDS OUT OF THE PROVINCE TREAS-
URY TO CAPTAIN THOMAS BROWN TO REIMBURSE HIM FOR THE
LOSS OF HIS HORSE WHILE IN PURSUIT OF THE INDIAN ENEMY
IN THE YEAR 1697.
A PETITION of Capt. Thomas Brown praying compensation for the
loss of his horse in pursuit of the Indian enemy, anno 1697, was sent
up from the representatives with the resolve of that house thereupon, —
Resolved That there be paid to y° petition' Cap' Thos : Browne fine
pounds in full Compensation for his Loss of his horse, out of the
Publiek Treasury [Concurred in by the Council, and passed June 10;
approved August 1 .
CHAPTER 42.*
RESOLVE FOR ALLOWING AND PAYING TWENTY-FOUR POUNDS NINE-
TEEN SHILLINGS AND ELEVENPENCE TO CALEB RAY, LATE KEEPER
OF THE JAIL IN BOSTON, IN FULL OF HIS ACCOUNT FOR KEEPING
SUNDRY PERSONS COMMITTED FOR PIRACY, ETC.
An accompt of Caleb Ray, late keeper of his maj"®'"' goal in Bos-
ton, for keeping of sundry persons committed for piracy, etc., was sent
up from the representatives with the resolve of that house thereupon,
that the sum of twenty- four pounds nineteen shillings and eleven pence
be allowed and paid out of the public treasury unto the said Caleb
Ray in full of his account. [^Concurred in by the Council, and passed
June 10; approved August 1.
CHAPTER 43.*
RESOLVE FOR PAYING FIVE POUNDS AND TEN SHILLINGS OUT OF
THE PROVINCE TREASURY TO ARTHUR MASON OF BOSTON, AS
FULL COMPENSATION OVER AND ABOVE WHAT HE HAS ALREADY
RECEIVED, FOR HIS SERVICES AS COMMISSIONER TO NEW YORK
FROM THE LATE COLONY OF MASSACHUSETTS BAY.
Resolved — That in answer to y^ petition of Arthur Mason there be
paid out of the Province Treasury five pounds ten Shillings to y'' sd
Arthur Mason in full Satisfaction for his seruice, ouer and aboue what
he foraierly Receiued — [^Passed June 12; approved August 1.
• See note to chapter 37, ante.
[2d Sess.] Province Laws {Resolves etc.) . — 1701-2. 303
CHAPTEK 44.*
OllDER FOR SETTLING THE BOUNDS BETWEEN THE TOWN OF SUD-
BURY AND THE FARMS ANNEXED TO FRAMINGHAM. [PassedJune 13;
approved August 1.
[^Printed with resolves^ orders^ etc., relating to the establishment , etc.,
of towns, etc.']
CHAPTER 45*
ORDER DIRECTING THE PROVINCE TREASURER TO RECEIVE, ETC.,
OF BENJAMIN FITCH AND HENRY HILL, CONSTABLES OF BOSTON,
THREE BILLS OF PUBLIC CREDIT AMOUNTING, IN ALL, TO SEVEN-
TEEN SHILLINGS.
Ordered, That the treasurer receive and give credit for two indented
bills of the Massachusets Colony, one of five shillings and the other of
two shillings value, belonging to Benjamin Fitch, and for one indented
bill of said colony of ten shillings, belonging to Henry Hill, constables
of Boston. [Passed June 17 ; approved August 1.
CHAPTER 46*
RESOLVE FOR ALLOWING FIFTEEN POUNDS OUT OF THE PROVINCE
TREASURY TO WARHAM MATHER FOR HIS SERVICES AS CHAP-
LAIN AT NORTHFIELD DURING THE TIME OF SIR EDMUND
ANDROS.
Resolved That the suin *of fflfteen Pounds be Allowed out of the
Publick Treasury to M- Warham Mather for his Service as Chaplain at
Northfleld in the Time of the Governm! of S! Edm"? Androsse. \_Passed
June 20; approved August 1.
CHAPTER 47*
RESOLVE FOR GRANTING A TOWNSHIP EIGHT MILES SQUARE TO
the' inhabitants of SPRINGFIELD, PROVIDED THEY SETTLE
THEREON, ETC., AND APPOINTING A COMMITTEE TO MANAGE SAID
AFFAIR, ETC. [Passed June 20; approved Augitst 1.
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.]
* See note to chapter 37, ante.
304 Province Laws (i?e.so^yese^c.). — 1701-2. [Chaps. 48-51.]
CHAPTER 48.*
RESOLVE FOR PAYING A PENSION OF SEVEN POUNDS PER ANNUM
TO NICHOLAS PICKETT, A SOLDIER WOUNDED IN THE KING'S SER-
VICE, IN PLACE OF FIVE POUNDS PER ANNUM FORMERLY
GRANTED.!
Resolved^ That henceforward there be paid out of the public treas-
ury unto Nicholas Picket of Marblehead, a soldier wounded in his
majestie's sei'vice, a stipend of seven pounds per year, annually, in lieu
of the five pounds per annum formerly granted him. [^Passed June
27; approved August 1.
CHAPTER 49.*
RESOLVE FOR ALLOWING OUT OF THE PROVINCE TREASURY FIVE
POUNDS, EACH, TO THE TOWNS OF WELLS AND YORK, AND TEN
POUNDS TO THE PRECINCT OF BERWICK, FOR THE MAINTENANCE
OF THE MINISTRY.
Resolved — That the sum of ffive Pounds be Allowed to the Town
of AVells & the like sum of five Pounds to the Town of York, And the
suin of Ten Pounds to the Precinct of Barwick in the Town of Kittery
out of the Publick Treasury towards the maintenance of the ministry
in si Towns & Precinct. [^Passed June 28 ; approved August 1.
CHAPTER 50.*
RESOLVE FOR ALLOWING AND PAYING TWO POUNDS TO SAMUEL
PHIPPS FOR EXTRAORDINARY SERVICE DONE BY HIM FOR THE
HOUSE OF REPRESENTATIVES.
Resolved^ That the sum of two pounds be allowed and paid out of
the public treasury to Capt. Samuel Phips in consideration of extra-
ordinary service by him done for the house of representatives.
\^Passed June 30 ; approved August 1 .
CHAPTER 51.
ORDER APPOINTING A COMMITTEE TO INFORM WAIT WINTHROP OF
HIS APPOINTMENT AS AGENT TO NEGOTIATE THE AFFAIRS OF THE
PROVINCE IN ENGLAND.
In the House of Representatives. Aug? 1 ';^ 1701.
Ordered — That the Comittee of this House App";*^ to Join with a
Comittee of the Board to Draw an Addresse to his Maj'^, be App'^" to
* See note to chapter 37, a7ite.
t See vote, 1697, chapter 46.
[2d Sess.] Province Laws (Resolves etc.). — 1701-2. 305
Join with sucli Merabers as tlie Board shall Appoint, to wait on the
Hon'"''' Wait Winthrop Esqr and Acqvaint him That this Court have
made clioice of him as their Agent, to Negotiate the Affairs of this
Province in England, & Pray him to Accept & Undertake that Service.
Sent up for Concurrence. Neiiemiah Jewett. Speaker
In Council. Aug? P.' 1701.
Ordered, That Elisha Cooke, Samuel Sewall and Peter Sergeant
Esq" be a Committee of the Board to joyne with the Committee of
the Representatives for the Affair aforesaid.
\_Passed August 1.
Is* Addington Seory
CHAPTER 52.
RESOLVE APPOINTING A COMMITTEE TO PREPARE A DRAUGHT OF
INSTRUCTIONS FOR THE AGENT TO BE SENT TO ENGLAND.
In the House of Representatives Aug'-' 1?.° 1701.
Resolved -Thvit James Converse Esq- Cap- Sam" Phipps. John
Cushion Esq- Cap? Sam" Brown, & Maj! Dan" Davisson be a Couiittee,
to Join wit
TO THE KING, ETC., AND FOR ALLOWING SAID AGENT ONE HUN-
DRED POUNDS STERLING.
Resolved — That the Addresse and Memoriall of this Court to His
Maj^ mutatis mutandis, be Sent to Constautine Phipps Esq[ with what
other Applications this Court shall see needfull at this Session to make
to the Court at home, with the Desires of this Court that he will Prefer
the Same, and Solicit the matters therein Contained on behalf e of this
Province. &
That an Hundred Pounds Sterling be Allowed and Paid out of the
publick Treasury to said Constautine Phipps, as a further Acknowl-
edgment of his Service as Agent for this Province. \_Approved Octo-
ber 17.
CHAPTER 71.
DRAUGHT OF AN ADDRESS TO KING WILLIAM, AND THE RESOLVE FOR
ENGROSSING AND PRESENTING THE SAID ADDRESS.
To the Kings most Excell' Ma'^
The humble Address of the Council and Eepresentatives of your
Ma'^' Province of y^ Massachusetts Bay in New England in General
Court assembled.
May it please your Ma*?
Upon the death of your Ma'T^ Cap- General and Governour in chief
over this yo'' province and of the Lieu? Governour. we had sometime
since prepared an humble address to your sacred Ma'7 and a Memorial
accompanying the same and had also Appointed an Agent to attend
your Ma'? humbly to present our si Addi'ess and Memorial and to
solicit the affairs of this Government But before an opportunity pre-
sented for his setting forward, Intelligence arriving that your Ma'^ had
314 FrovinceIjaws (Besolves etc.). — 1701-2. [Chap. 71,]
been graciously pleased to appoint a Govern- over this your Territory
who might be expected here in a very short time his dispatch was
deferred, that we might have the advantage of the Governours advice
and directions in the further humble Representations and supplications
necessary to be made to your Royal Ma'? on behalfe of this yo" Prov-
ince.
Now, Your Ma'y^ Governour not being arrived and the ships bound
for England in a readiness to Saile, we embrace this opportunity, (not
knowing when another may offer) to forward our s*^ Address and Me-
morial to be humbly presented by another hand. And crave leave in
all humility further to express our dutiful & thankful ackuowledgeml' of
3'our Ma'-^'^ princely care of and Royal bounty to us in the supply of
fifty barrels of Powder which your Ma? has been graciously pleased
to bestow upon us, and is arrived. And we are thereby encouraged to
hope that Yo'' Ma'?' Royal bounty will extend to a further supply of
stores for war as mentioned in our afores- Memorial, Our Fortifica-
tions on Castle Island being much enlarged by the direction of Col"
Romer your Ma*^' Engineer whereon we have and shall be at very
great charge.
And Forasmuch as we are given to understand That thro the sugges-
tions of some persons not well affected to charter Governm'.' A Bill
has been preferred in the house of Lords for the vacating of Chartei
and Proprietary Governm- within yo- Ma'^* Plantations We in all sub-
mission crave leave humbly to pray your Ma*^' Grace & favour towards
your good subjects within this yo"" Province : that no such suggestions
maj' make impression in jT^our Ro3\al Breast to deprive us of those
* priviledges wliich we enjoy under your Ma'^^ most gracious Grant, and
that we may not be included in any such act to our prejudice without
having opportunity given us of being heard & speaking for ourselves,
which will greatly animate your IMa'^" good subjects in continuing to
pray for your Ma'?° long life and prosperous Reign
Royal Sr Your Ma'^'
Boston Octob^ 18& 1701 Most obedient, most dutiful
and Loyal subjects.
Peter Sergeant Wait Winthrop
Joseph Lynde Ja Russell
E** Hutchinson Elisha Cooke
Daniel Peirce Elisha Hutchinson
Nath"- Thomas Sam? Sewall
NatiiV Byfield W** Browne
Benj* Browne John Foster
Sam'- Partridge Penn Townsend
John Walley
& In the name and by order of the house of Representatives
Nehemiaii Jewett Speaker.
Resolved — That this Addi'esse be fairly Engross'd & humbly Pre-
sented to His Maj^ {_Approved October 18.
[4th Sess.J Province Law.s {Resolves etc.) . — 1701-2. 315
CHAPTER 72.
ORDER FOR A MESSAGE TO THE COUNCIL FOR THE APPOINTMENT
OF A DAY OF PUBLIC THANKSGIVING.
In the House of Representatives
Saturday Octobf IS'** 1701 A : M : —
Ordered, That a Message be Sent up to the Board moving that a day
of Publick and Solemn Thanksgiving to Almighty God be appointed
and Celebrated throughout this province for the great and Manifold
Mercies of God Vouchsafed thereto the year past — [Passed October 18.
CHAPTER 73.
RESOLVE FOR REVIVING AND CONTINUING THE COMMITTEE AP-
POINTED JULY 19, 1699, TO EXAMINE, ETC., THE ACCOUNTS OF
CLAIMS, ETC., UNDER THE GOVERNMENT OF SIR EDMUND ANDROS,
AND FOR EMPOWERING THEM TO GRANT DEBENTURES, ETC., AND
FOR LIMITING THE TIME FOR THE RECEPTION OF SAID CLAIMS.
Resolved that the Committe formerly Appointed to Grant Deben-
tures upon Claimes of Debts, Contracted by the Pubhck in y'' tirao of
the Goverment of S'' Edmund Audross be Reviued and further Con-
tinued and Impowred to Grant Debentures upon Such Debts accord-
ing to the directions and Instructions heretofore given them by this
Court, uutill y^ 17"^ Day of Jauua' next, after the Expiration of which
Terme, the Said Comitte is dismist And Said Comitte are directed
to Signyfie y° same by Sending advertisements thereof as soon as may
be to y® Severall Towns of this Province — \^Approved October 18.
CHAPTER 74.
RESOLVE FOR AN ORDER TO THE PROVINCE TREASURER TO REMIT
ONE HUNDRED POUNDS STERLING TO CONSTANTINE PHIPPS, AND
SIXTY POUNDS STERLING TO JOHN CHAMPANTE, IN LONDON.
Resolved — That an order be Given the Treasurer of this Province,
forthwith to Remitt, One Hundi'ed Pounds Sterling to Constantine
Phipps Esq- Councell- at Law in London, and the sum of sixty Pounds
sterling to Mf Jn?. Champante — . in London, and to Effect the same at
the best Terms he can. [Ajyproved October 18.
316 Frovingk h Aws (Besolves etc.) . — 1701-2. [Chaps. 75-77.]
CHAPTER 75.
RESOLVE FOR ALLOWING AND PAYING OUT OF THE PROVINCE
TREASURY THIRTY POUNDS, EACH, TO THOMAS BRATTLE AND
TIMOTHY CLARKE FOR THEIR SERVICES IN MANAGING THE EX-
PENDITURE OF THE MONEY GRANTED TOWARDS FORTIFYING
CASTLE ISLAND, ETC.
Resolved, That the sum of thirty pounds be allowed and paid out of
the public treasury to M'^- Thomas Brattle, and the like sum of thirty
pounds to Capt. Timothy Clark, towards acknowledgement of their
service in their directing the laying out the money already disbursed
towards fortifying Castle Island. \_Passed October 18.
CHAPTER 76.
RESOLVE FOR PRESENTING A PIECE OF PLATE TO COLONEL ROMER
(AND ANOTHER TO HIS SON), IN ACKNOWLEDGMENT OF HIS SER-
VICES IN PLANNING THE FORTIFICATIONS AT CASTLE ISLAND, ETC.
Resolved — That a Piece of Plate of the value of twenty Pounds, be
Presented to Col? Romer, and a Piece of Plate of the value of Ten
Pounds be Presented to his son, to be Paid for out of the Publick
Treai^ of this Province, in gratefull Acknowledgment of his great ser-
vice in Directing the fortifying Castle Island, And That, S^ Col? Romer
be earnestly Desu-ed, (if by any means he may) to Continue his Direc-
tion & Assistance in the work afores^ untill it be finished. And That
the Representatives of the Town of Boston take care to see it effected.
\_Approved October 18.
CHAPTER 77.
ORDER REFERRING TO THE FIRST FRIDAY OF THE NEXT SESSION
OF THE GENERAL COURT THE SEVERAL HEARINGS APPOINTED TO
BE ATTENDED THE PRESENT SESSION, ETC.
Ordered — That the Severall Hearings Appointed to be Attended
the present session of this Court : be Attended the first ffriday of the
next session thereof, the Severall Parties to be notified by the Repre-
sentatives of the respective Towns. [^Approved October 18.
[4x11 Sess.] Province Laws {Resolves etc.). — 1701-2. 317
CHAPTER 78.
ORDER REQUESTING THE COUNCIL TO DIRECT THE PROVINCE
TREASURER TO ALLOW TO JOSIAIl PARKER AND THE ADMINIS-
TRATIIIX OF JACOB AMSDEN, FORMERLY FARMERS OF THE EXCLSE
IN MIDDLESEX, THE SUM OF THREE POUNDS, BEING THE AMOUNT
OF EXCISE DUE BY HENRY COOKERY OF CHARLESTOWN, AND
ABATED BY THE GENERAL COURT.
A PETITION of Josiah Parker of Cambridge, on behalf of himself and
the admin"''- of Jacob Amsden, late of said Cambridge, deceed, praying
to be abated the sum of three pounds out of what is owing from them
to the treasury, for the excis.e in the county of IMidd''- by them fermed
in the year 1698, the general assembly having abated unto Henry
Cookery of Charlestown, ale-house keeper, the excise of his draught in
the said year, which, according to agreement before made with him,
amounted to three pounds, was sent up from the representatives with
their order thereupon, —
Ordered — That the Praier of the above Petition be Granted, and
The HonH" Councill Desired to Give an order to the Treas- to make
abatement accordingly. [^Ooncurred in by the Council^ and approved
October 18.
CHAPTER 79.
RESOLVE FOR SETTLING THE BOUNDARY LINES BETWEEN DEDHAM
AND NATICK. [Approved October IS.
\^Printed with resolves, orders^ etc., relating to the establishment, etc.,
of towns, efc]
318 Province Laws {Resolves etc.) . — 1701-2. [Chaps. 80, 81.]
RESOLVES, ORDERS AND MESSAGE
Passed at the Session begun and held at Boston,
ON the Eighteenth day of February, A.D. i 701-2.
CHAPTER 80.
RESOLVE FOR AN ORDER TO THE PROVINCE TREASURER TO DIS-
CHARGE ISRAEL WOODCOCK, CONSTABLE OF ATTLEBOROUGH,
THIRTY-SEVEN SHILLINGS, THE SUM PAID BY HIM ON A DEBEN-
TURE GRANTED TO CHRISTOPHER HALE OF ATTLEBOROUGH AND
WHICH WAS DESTROYED BY FIRE, AND TO PAY TO SAID HALE
THIRTEEN SHILLINGS AND NINEPENCE, THE REMAINDER DUE ON
SAID DEBENTURE.
A PETITION of Christopher Hale of Attleborough, setting forth that
his father, Christopher Hale, deceed, having done service for the prov-
ince, a debenture was granted to the petitioner, his son and adminis-
trator, for fifty shillings and ninepence, being for the first payment of
five pound one shilling and sixpence owing for the said deceed's ser-
vice, and that, his house being burnt, the said debenture was consumed,
of which he had received thirty-seven shillings of constable Wood-
cock, and praying that a new debenture may be granted him, that the
constable may be discharged and himself receive the remainder of the
money, was sent up from the representatives with the resolve of that
house thereupon, —
Resolved That an Order be given to the Treasurer, to Discharge the
Constable Woodcock abovementioned of the sum. of Thirty and Seven
Shillings, and to Pay to Christopher Hall the Petitioner the sum of
thirteen Shillings & ninepence, the whole of the Debentur that was lost,
by s^ fire [^Concurred in by the Council, and approved February 24,
1701-2.
CHAPTER 81.
RESOLVE AND ORDER FOR APPORTIONING THE EXPENSE OF THE NEW
BRIDGE OVER TAUNTON GREAT RIVER AMONG THE ADJACENT
TOWNS, ETC.
Upon a full hearing and mature Consideration of the difference
betwixt the Towns of Taunton, Dartmouth, Little-Compton, Tiverton
and Free-town within the County of Bristol referring to the charge of
building the Bridge newly Erected over Taunton great River. A Comit-
[5tii Sess.] riiOViNCi: Laws (i?e.s'o^ve.s- e^c). — 1701-2. 319
toi of this Court appointed to enquire of what use and benefit the said
Bridge is of unto the said Towns, and what IJridgos tliey have in their
own Towns, And to proportion the charge of said I>ridg(! to cacli of
the said Towns ; llavcing Ucported, That the afor(!said iUidgc will be
of very great use and benefit to the Pubhck, and in a special manner
to the Southorn [larts ; [)articularly to the Towns of Taunton, Free-
town, Tiverton, J^ittle-Compton and the chiefest part of Dartmouth.
And proportiontid one halfe of the charge of said Bridge to Taunton,
And the other halfe to be borne by Free-town, Tiverton, Little-Comp-
ton and Dartmouth according to their proportions as they were assest to
the Province Tax, by the General Assembly at their Session in May
Anno. 1700.—.
Resolved and Ordered, That the charge of building the abovesni'l
Bridge, be defreyed one halfe thereof by the Town of Taunton, and the
other halfe by the above named Towns of Free-town, Tiverton, Little
Comptou and Dartmouth in proportion as abovesaid, according to the
Committees Report — [^Approved February 24, 1701-2.
CHAPTER 82.
RESOLVE AND ORDER FOR SETTLING THE BOUNDARY LINE BE-
TWEEN ROWLEY AND BRADFORD. [Approved February 24, 1701-2.
[Printed tuith resolves, orders, etc., relating to the estahlishment, etc.^
of toions, etc.']
CHAPTER 83.
RESOLVE FOR ALLOWING AND PAYING FORTY POUNDS OUT OF THE
PROVINCE TREASURY TO THE TOWN OF MARBLEHEAD FOR REPAIR-
ING THEIR FORTIFICATIONS, ETC., PROVIDED SAID TOWN ADVANCE
AND EXPEND SIXTY POUNDS MORE FOR THE SAME PURPOSE.
Resolved, That the Sum. of forty Pounds be Allowed and Paid out of
the Publick Treasury to the Town of Marblehead towards the repair of
their fortifications, & for Stores of War, Provided S*^ Town Advance
And Expend the sum. of Sixty Pounds more for the Service afores*? so
as to make the whole an hundred Pounds [Approved Fehruarv 24.
1701-2.
CHAPTER 84.
RESOLVE FOR ALLOWING AND PAYING ELEVEN POUNDS AND ELEVEN
SHILLINGS TO SAMUEL GALLOP, SHERIFF OF BRISTOL COUNTY, TO
REIMBURSE HIM THE SUM HE PAID IN ATTEMPTING TO RECAP-
TURE DANIEL WILCOX, AN ESCAPED PRISONER.
A PETITION of Samuel Gallop, sheriflfe of the county of Bristol,
praying an order upon the treasurer to reimbm-se his charges and
320 Province Laws {Resolves etc.). — 1701-2. [Chaps. 85-87.]
expences in endeavonring the recovery of Daniel Wilcox of Little
Conipton, who, being in the year 1G93 committed to his custody untill
he siiould satisfy a fine of one hundred and fifty pounds to his maf'-,
made his escape from prison, and hath since, according to a proposal
by him made to and accepted by the general assembly, satisfy ed the
said fine in land, was sent up from the I'epresentatives with the resolve
of that house thereupon, —
Resolved That the Sum. of Eleven Pounds and Eleven shillings be
Allowed and Paid out of the publick Treasury, to Samuel Gallop the
Petition- in full for his Trouble & Expence, in the affair set forth in
his Petition. \^Concwred in by the Council, and approved February
24, 1701-2.
CHAPTER 85.
RESOLVE FOR SETTLING THE BOUNDARY LINE BETWEEN TOPSFIELD
. AND BOXFORD. {Approved February 25, 1701-2.
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 86.
RESOLVE FOR CONFIRMING TO JOHN FAMES, NATHANIEL FAMES AND
SAMUEL FAMES, A TRACT OF LAND CONVEYED TO THEIR FATHER,
THOMAS FAMES, BY THE INDIANS OF NATICK IN THE YEAR 1676.
[Approved February 2,5, 1 701-2.
[^Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 87.
ORDER FOR ABATING THE IMPOST ON LOGWOOD SAVED OF THE
CARGO OF THE BRIGANTINE MARY, CAST AWAY NEAR MARBLE-
HEAD.
A PETITION of Samuel Lillie of Boston, merchant, praying that the
duty of impost payable by act of this province for such and so much
logwood as is or may be saved of the loading of the brig'^- Mary,
Samuel Hunting, master, lately cast away upon the rocks lying before
Marblehead, may be abated (the said vessel and great part of her load-
ino- being lost) , and that an order may be given to the commissioner
and receiver of the impost to abate the same accordingly, was sent up
from the representatives with the order of that house thereupon, —
Ordered — That the Prayer of the above-Petition be Granted, and
an Order be given to the Comiss- of Impost accordingly. \_Concxirred
in by the Council^ and approved February 25, 1701-2.
[5tii Sess.] Province Laws {Resolves etc.). — 1701-2. 321
CHAPTER 8 8.
ORDER FOR REMITTING THE DUTIES UPON THE GOODS TO THE VALUE
OF THREE HUNDRED POUNDS STERLING, IMPORTED BY CAPTAIN
WENTWORTH AS THE GIFT OF THE KING TO THE FRENCH CHURCH.
A PETITION of M""- Francis Foxcraft,* praying that the impost or cus-
tom for the vahic of three hundred pounds sterling in European com-
modities, imported by Capt. Wentworth as the gift of his majesty to
the French church, and by him i-ec*^- for the use thereof, may be re-
mitted, it having been hitherto transacted free of all dues to private
men, through whose hands it hath passed, was sent up from the repre-
sentatives with the order of that house thereupon, —
Ordered — That the Duties upon the Goods abovementioned be Re-
mitted, and Order be given accordingly. [^Concurred in hy the Coun-
cil., and approved February 25, 1701-2.
CHAPTER 89.
RESOLVE FOR ERECTING THE TRACT OF LAND CALLED DRACUT, INTO
A TOWNSHIP BY THE SAME NAME. [Approved February 20, 1701-2.
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.'\
CHAPTER 90.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS TO EACH OF
THE COMMITTEE APPOINTED BY THE RESOLVE OF 1699-1700, CHAPTER
21, TO EXAMINE CLAIMS, ETC., UNDER THE GOVERNMENT OF SIR
EDMUND ANDROS.
Resoloed — That the Sum of Twenty Pounds be Allowed, and Paid
to each one of the late Comittee Appointed to Receive Claims of, and
Grant Debenturs upon. Debts contracted by the Publick in the Time
of the Government of S^ Edmund Androsse, as a further and full
Compensation of their service in that affair. \^A2)proved February 26,
1701-2.
CHAPTER 91.
RESOLVE FOR ALLOWING AND PAYING FOUR POUNDS AND SEVEN
SHILLINGS OUT OF THE PROVINCE TREASURY TO EBENEZER BREN-
TON TO REIMBURSE HIM THE SUM HE EXPENDED IN LOOKING FOR
LAND FOR AN INDIAN SETTLEMENT, ETC.f
Resolved, That the sum of four pounds and seven shillings be
allowed and paid out of the public treasury to Eben'- Brenton, Esq""-,
* Written " Foxcroft " in the State Library series of records, and in the arcliives.
t See resolves of 1700-1, chapters 80 and 86, and 1701-2, chapter 94, post.
322 Province Laws {Resolves etc.). — 1701-2. [Chaps. 92-94.]
he having expended the same sum in looking for land to accomodate
an Indian settlement, and in obtaining deeds for this province, of land
from Thomas Hinckley, Esq""-, and Daniel Wilcox. \_Approved Fehru- .
ary 26, 1701-2.
CHAPTER 92.
RESOLVE FOR ALLOWING AND PAYING THIRTY POUNDS TO ANTHONY
CHECKLEY, ATTORNEY-GENERAL, FOR HIS SERVICES TO DATE.
A PETITION of Captain Anthony Checkley, attourney gen^- of this
province, praying a competent satisfaction for his service in that office,
was sent up from the representatives with the resolve of that house
thereupon, —
Resolved — That the sum of Thirty Pounds be Allowed, and Paid
out of the publick Treasury unto the Petition? in full for his Service in
the Office of Attorney Gen" to this Time \_Concurred in by the
Council, and approved February 26, 1701-2.
CHAPTEE 93.
RESOLVE FOR GRANTING THE FURTHER SUM OF SEVEN POUNDS TO
LIEUTENANT JOHN WILSON. OF BILLERICA, FOR HIS EXTRAORDI-
NARY EXPENSES WHILE IN THE KING'S SERVICE DURING THE
YEAR 1691.
A PETITION of John Wilson of Bilrica, praying a further allowance
than the three pounds granted him by the general court or assembly in
February, 1700, for his extraordinary expences in the countrie's ser-
vice, anno 1691, when he was lieutenant of a foot company of soldiers
sent into the eastern parts, for that he presumes the said court had not
a right understanding of the matter set forth in his petition then ex-
hibited, was sent up from the representatives with the resolve of that
house thereupon, —
Resolved — That the sum. of Seven Pounds be Granted to the Peti-
tioner out of the publick Treasury as a further & full Consideration of
his extraordinary Expences in the Countrey's service over and above
the Three Pounds heretofore Granted him. \_Ooncurred in by the
Council, and approved February 26, 1 701-2.
CHAPTER 94.
RESOLVE AND ORDER FOR GRANTING A TRACT OF LAND IN THE
TOWNSHIP OF TIVERTON TO THE INDIANS, FOR A PLANTATION,
AND APPOINTING A COMMITTEE TO ORDER AND REGULATE THE
CONCERNS OF SAID PLANTATION.* [Approved Februanj 26, 1101-2.
\Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.'\
* See resolves, 1699-1700, chapter 49.
[5th Sess.] Province Laws {Resolves etc.). — 1701-2. 323
CHAPTEK 95.
RESOLVE FOR EMITTING THREE THOUSAND POUNDS IN BILLS OF
PUBLIC CREDIT, TWO THOUSAND POUNDS THERKOF TO BE USED
FOR COMPLETING THE FORTIFICATIONS, ETC., AT CASTLE ISLAND,
AND THE REMAINDER TO BE USED TOWARDS PAYMENT OF THE
PROVINCE DEBTS, ETC., — THE IMPOST AND EXCISE, ETC., TO BE A
FUND FOR THE SAME; ALSO, FOR ENGAGING THE SERVICES OF
COLONEL ROMER, ETC.
Resolved That The Treasur'' be ordered by this Court to Emitt Three
Thousand pounds of Bills of Creditt, fifteen hundred pounds thereof
to*be Improved for y*" Compleating the fortifications on Castle Island,
Barraclvs and other necessary Buildings for lodgings and Stores, so
soon as y** season will admitt thereof, to be Carried on w"* all possible
Expedition .. —
That CollT Eomer be timely Sent to to afford us his Assistance
therein.
That ffiue hundi'ed pounds another part thereof be laid out for Pro-
visions for y"" Castle &c. .
That the Reinainder of the said 3000'*^ be Improved for y^ payment
of Province Debts &c so far as it will go.
That y° Impost and Excise in arrears be a fund for the payment of
the Same, and what that may fall short thereof, to be made up out of
y*" next Tax raised for this Province &c.
And for y" more Speedy & effectuall Carrying on of y^ worke at the
Castle. That the Treasur"" be ordered to pay unto y*^ Comitte for y®
Castle, in Exchange for bills, the Sum of fine hundi-ed pounds in
money out of the first money that he receiues for Impost & Excise &
arrears of Taxes. \_Approved February 26, 1701-2.
CHAPTER 96.
ORDER FOR A MESSAGE TO THE COUNCIL ADVISING AS TO THE REIN-
FORCEMENT OF THE GARRISON AT CASTLE ISLAND.
Ordered — That a message be sent up to the Hon^'' Councill respect-
ing the memoriall of Elisha Hutchinson Esq!^ Cap^ of the Castle con-
cerning that Grarrison. viz :
That the House Leaves it with the Hon''!'' Board to Order the
Inforcem! of that Garrison as in their wisdom. They shall Apprehend
it necessary for the Safety of the Province, upon the Arrivall of
Intelligence from time to time.
That as to Buildings It is already left with the Comittee for fortify-
ing the Castle, and Provision made for it,
And that the House Apprehend it needfull that the Captain of the
Castle be Directed to Reside there. & the Chaplain. [Passed February
27, 1701-2.
324 Province Laws {Resolves etc.) . — 1701-2. [Chaps. 97-100.]
CHAPTER 97.
RESOLVE FOR PROCURING A HUNDRED BARRELS OF GUNPOWDER FOR
THE USE OF THE PROVINCE.
Resolved — That an HuDclred Barrells of Gun Powder be Procured
to be Added to the Present stock belonging to the Province,
And that the Hon^" Councill be Desired to take Care to obtain the
same as soon as may be. \_Approved February 27, 1701-2.
CHAPTER 98.
RESOLVE FOR ALLOWING FORTY-FIVE POUNDS, EACH, TO WAIT WIN-
THROP, ELISHA COOKE, SAMUEL SEWALL AND JOHN WALLEY, JUS-
TICES OF THE SUPERIOR COURT, ETC., FOR THEIR SERVICE FOR ONE
YEAR ENDING DECEMBER, 1701; AND TO JOHN SAFFIN, ONE OF THE
JUSTICES OF SAID COURT, IN PROPORTION, FOR THE TIME HE HAS
SERVED.
Resolved that there be allowed and paid out of the Publick Treasury,
To the Hon'''^ Waite Winthrop Elisha Cooke Sam" Sewall & John Wally
Esq" Judges of y'' Superio"" Court of Judicature &c To Each of them
the Sum of fforty and fine pounds for theire Service the year last past
Exph'ing in Decemb''. And to y^ Hon''''' John Saflin Esq"" one of the
Judges of s*^ Court proportionably for y*-' time he hath been in that
office \_Approved February 27., 1 701-2.
CHAPTER 99.
RESOLVE FOR ALLOWING SEVENTY POUNDS TO ISAAC ADDINGTON,
SECRETARY OF THE PROVINCE, FOR HIS EXTRAORDINARY SER-
VICES FOR THE YEAR ENDING DECEMBER, 1701.
Resolved — That y^ sum of Seventy Pounds be Allowed and Paid out
of the publick Treasury unto the Hon'''.^ Isaac Addington Esq- for his
extraordinary service done for this Province the year last past, Expir-
ing in Decern' last. [Ap>proved February 27, 1701-2.
CHAPTER 100.
EESOLVE FOR PAYING EIGHTEEN POUNDS TO JOHN WHITE, CLERK
OF THE HOUSE OF REPRESENTATIVES, FOR HIS SERVICES FOR THIS
YEAR, OVER AND ABOVE WHAT HAS ALREADY BEEN GRANTED HIM.
Resolued that there be paid out of y*^ Publick ,Treasury to m'" John
White Clark of y^ house the Sum of Eighteen pounds in full for his
Service Done and to be done for this year over and aboue what hath
been before granted to him [Approved February 27, 1701-2.
[5th 8ess.] PiiOviNCE Laws (Resolves etc.). — 1701-2. 325
CHAPTER 101.
•
RESOLVE FOR ALLOWING AND PAYING THIRTY SHILLINGS OUT OF
THE PROVINCE TREASURY TO EDWARD NERLINE OF IPSWICH, FOR
THE WAGES OF JOHN GRAVES OF IPSWICH, A SOLDIER IN THE
KING'S SERVICE, IN THE YEAR 1G96.
Resolved That the Sum. of Thii-ty shillings be Allowed, and Paid
out of the Publick Treasury to Edward Nerline of Ipswich for five
weeks service which John Graves of Ipswich served his majl^ ag"' the
Indian Enemy in the Year IGtiG. \_AppToved February 27, 1701-2.
CHAPTER 102.
RESOLVE FOR ALLOWING AND PAYING FORTY POUNDS, EACH, TO
THOMAS BRATTLE AND TIMOTHY CLARKE FOR THEIR SERVICES IN
MANAGING THE EXPENDITURE OF THE MONEY GRANTED TOWARDS
FORTIFYING CASTLE ISLAND, ETC.
Resolved — That the sum of flPorty Pounds be Allowed and Paid out
of the publick Treasury to M!' Thomas Brattle, and the like Sum of
forty Pounds to Cap_' Timothy Clarke (over and above the Thirty
Pounds which they have already Received) for their service in hitherto
Directing the laying out the money Granted for fortifying Castle
Island &
That The Coiiiittee be Desired to Proceed in that affair. And are
hereby Impowered to Direct the Laying out the money further Granted
this Session for fortifying the Castle, for Barracks, and other neces-
sary Buildings, for Lodgings & storeSi \_Approved February 27,
1701-2.
CHAPTER 103.
RESOLVE FOR ALLOWING THE ACCOUNTS OF THOMAS BRATTLE AND
TIMOTHY CLARKE THE COMMITTEE FOR FORTIFYING CASTLE
ISLAND, AND FOR DISCHARGING THEM OF THE AMOUNT THEREOF.
The Acc?? of M^ Thomas Brattle and Cap? Timothy Clark of the
Comittee for fortifying Castle Island, amounting to the sum of Two
Thousand, five Hundred, and fifteen Pounds, seventeen Shillings and
eleven pence having been Presented and laid before this House, and
here Examined.
Resolved That the s'^ Accompts in the severall Articles of them, be,
and hereby are, Approved and Allowed of. And the s'? Comittee is
hereby Discharged of the s'^ sum of Two Thousand five Hundred, and
fifteen Pounds, Seventeen Shillings, and eleven pence. \_Concurred in
by the Council, and approved February 27, 1701—2.
326 Province Laws {Resolves etc.). — 1701-2. [Chaps. 104, 105.]
CHAPTER 104.
ORDER REQUESTING THE COMMITTEE APPOINTED BY THE RESOLVE
OF 1699-1700, CHAPTER 21, TO EXAMINE CLAIMS, ETC., UNDER THE
GOVERNMENT OF SIR EDMUND ANDROS, TO CONSIDER, AND GRANT
DEBENTURES FOR, CERTAIN CLAIMS WHICH WERE NOT PRESENTED
TO THE COMMITTEE BEFORE THE TIME APPOINTED FOR GRANTING
DEBENTURES HAD EXPIRED.
WHEREA.S the time of y^ Comittee for Granting of Debentures for
seruice clone by Souidiers in y" time of S"" Eldm'* Andross his Gouer-
ment Is Expii'ed, and Sundry p'"sous, since appearing that haue Inevi-
tably Slipped theire opportunity, of makeing out theire Claimes to and
before sd Comitte. ordered. That sd Couiitte be desii-ed to Consider
y** Claimes hereunder mentioned, and y' may be further offered to them
by this Court of y'' like nature That justice may be Done. And that
the sd Comitte, uppon y*^ Consideracoii, thereof and finding y^ sd
Claimes Just and reasonable, to grant out Debentures for y^ same, :
and make return of theire doings therein to y* sessions of this Great
and Generall Court in Ma}' next —
Viz', Cap' Thos. flSske Claiming y" wages of Robert Macklafflin Late
of wenham Deced, that through a misnomer was Demanded under y'
name of Robert Clafflin, and thereby the wages due to y® Demandant
are detained —
And Cap' Joseph Boyuton for Robert Willis for y" one halfe of his
wages behind.
It.* Susanna Straker for keeping Two Spanesh Indians by ord"" of
Coll Nickolson —
I.* Robert Lewis of fEree Towne, a souldier in y^ time of y® s** S'
Edm"* Andross Gouerm'
And Alexander Bogle of Roxbui-y : — [^Approved February 27^
1701-2.
CHAPTER 105.
RESOLVE AND ORDER FOR DISTRIBUTING THE AMMUNITION PUR-
CHASED IN ENGLAND AND LATELY ARRIVED.
Whereas there is a stock of small Armes, Ball & Flints lately come
from England, procured at the charge of this Province, To the inient
therefore that they may be so disposed as to be in a readiness for his
Ma''f^ Service within the same. —
Resolved and Ordered., That the aforesaid Armes, Ball and Flints
be distributed and deposited within the several Regiments of Militia
in this Province, in proportion to Each according to what the Towns
within the same paid unto the last Province Tax. To be committed
to the custody of the Colonel or Chief Officer of Each Regiment
respectively; He to be accouutable for the disposal thereof. And
the Treasurer is hereby Ordered to proportion and deliver out the
said Armes Ball and Flints accordingly and to take receipts for the
same And the Colonel or chief Officer of the s"? Regiments respectively,
are to deliver them to the Captains of the several Companys within
his Regiment after the like proportion, as an addition to tlie Towns
Stock [Ajiproved February 28, 1701-2.
* Abbreviation for " item."
[5th Sess.] Province Laws {Resolves etc.). — 1701-2. 327
CHAPTER 106.
RESOLVE FOR APPOINTING A DAY OF PUBLIC PRAYER AND FASTING,
THE COUNCIL TO APPOINT THE TIME AND ASSIGN THE OCCASION.
Resolved — That a Day of publick Praier with ff as ting be Appointed
throughout the sever" Towns of this Province, the IIon''i^ Councili to
App- the Time, and Assign the Occasions thereof. \_Approved Febrti-
ary 28, 1701-2.
CHAPTER 107.
MESSAGE FROM THE REPRESENTATIVES, TO THE COUNCIL, SIGNIFY-
ING THEIR DESIRE THAT INCREASE MATHER BE REQUESTED TO
PREACH THE NEXT ELECTION SERMON.
A MESSAGE was scut up from the representatives by M""- John White
and Capt°- Samuel Phips, two of the members of that house, to
acquaint the board that their house had agreed that M'^- Increase
Mather be desired to preach a sermon to the general assembly at their
convening in May next.* [Passed February 28, 1701-2.
* Although no record of the concurrence of the Council in this action of the House
has been discovered, it is certain that the sermon was preached by Mather, May 27, 1702.
It was printed the same year " by B. Green and J. Allen, for Nicholas Boone, near the
old meeting-house," under the title, " The Excellency of a Publick Spirit." By a resolve
of thy General Court (see 1702, chapter 73, post), the publisher was allowed from the
province treasury pay for one hundred copies, which leaves no doubt that both branches
agreed in inviting the preacher.
ORDERS, RESOLVES,
ADDRESSES, VOTES, ETC.,
Passed 1702.
[329]
LEGISLATIVE LIST
FOR
1702.
His Excellency JOSEPH DUDLEY, Esquire,*
Captain-General, and Governor-in-chief in and over the Province of the
Massachusetts Bay in New England ; and the king's Lieutenant and Com-
mander-in-chief OF the militia, and of all the forces, by sea and land,
WITHIN THE colonies OF RhODE-IsLAND, PROVIDENCE PLANTATION, AND THE
Narragansett Country or King's Province, and of all forts and places
of strength within the same.
THOMAS POVEY, EsQ.,t
Lieutenant- or Deputy-Governor, etc.
ISAAC ADDINGTON, Esq.,
SECRETARY of tub PROVINCE. •
COUNCILLORS OR ASSISTANTS.
Of the inhabitants of, or proprietors of lands within the territory formerly called
the Colony of the Massachusetts Bay : —
John Pynchon, Esq., Jonathan Corwin, Esq.,
Wait Winthrop, Esq., William Browne, Esq.,
James Russell, Esq., John Foster, Esq.,
Elisha Cooke, Esq., Peter Sergeant, Esq.,
John Hathorne, Esq., Daniel Peirce, Esq.,
Elisha Hutchinson, Esq., John Appleton, Esq.,
Samuel Sew all, Esq., Penn Townsend, Esq.,
Isaac Addington, Esq., John Higginson, Esq.,
John Phillips, Esq., Andrew Belcher, Esq.
* The Council continued to exercise tlie executive function until Dudley and Povey were sworn in, on
the eleventh of June.
Upon notice of Dudley's arrival, the day before, at Marblehead, in the Centurion, a delegation of the
Council, headed by Sewall, set out in a pinnace to meet him. They boarded the frigate nearly off Point
Alderton. Sewall made the formal address of welcome. The party landed at Scarlet's Wharf, whence they
were escorted by the Council and by the Boston regiment to the town-house, where, on the same day,
before the General Court, the clergy, and as many others as could find room, the royal commissions were
read, and the oaths administered.
t Povey's appointment was a surprise to the people here. He was a captain in the Queen's own regi-
ment of foot-guards, and a brother of John Povey, clerk of the Privy Council. He returned to England
in 1705.
[331]
332 Provimce Laws (7?e6'oZyes, e^c). — 1702. [Representatives.]
Of the inhabitants of^ or proprietors of, lands within the territory formerly called
New Plymouth : —
Barnabas Lothrop, Esq., Nathaniel Thomas, Esq.,
John Thacher, Esq., Nathaniel Eyfield, Esq.
>
Of the inhabitants of, or proprietors of, land within the territory formerly called
the Province of Maine : —
Eliakim Hutchinson, Esq., Joseph Hammond, Esq.,
Benjamin Browne, Esq.
Of the inhabitants of, or jiroprietors of, land within the territory lying between the
river of Sagadahoc and Nova Scotia : —
Joseph Lynde, Esq.
For the Province, at large : —
John Wallet, Esq., Samuel Partridge, Esq.*
REPRESENTATIVES or DEPUTIES. f
May 27, 1702 to November 21, 1702-1
JAMES CONVERSE, Esq., Speaker.
County of Suffolk. County of SvFFOLK—Co7icluded.
Boston, Capt. Samuel Legg, Braintree, Mr. William Vesey,||
Capt. Andrew Belcher, Lieut. John Baxter.'^'
Mr. John White, Milton, Capt. Thomas Vose.
Capt. Samuel Checkley. Weymouth, Capt. Stephen French.
Boxbury, Mr. William Demson. Bingham, Sergeant TheophilusCushing.
Dorchester, Mr. Samuel Robinson § Medfield, Mr. Edward Adams.
Dedhani, Capt. Daniel Fisher.
* Partridge chaaged the spelling of Ms name, from " Partrigg," between August 1, and October 18, 1701.
t The qualifying oaths subscribed by the representatives this year are missing from the archives.
J The Genei-al Court was dissolved by proclamation, Jan. 29, 1702-3, after two prorogations. There
was no session after Nov. 21, 1702.
^ " Robson," in the town records.
II " Veasy," in the Secretary's list. He was the son of "William, of Braintree, and a zealous church-
man. As early as 1689 he seems to have united with some of his neighbors in regularly conducting
religious services according to the forms of the Chui-ch of England ; and upon the organization of an
Episcopal Church in Braintree, of which he was a founder and a liberal benefactor, he became its church-
warden. In May, 1697, at a Court of Assize in SuflFolk, he was fined and sentenced to the pillory for
ploughing, on a day set apart for public thanksgiving, and for declaring that James II. was rightfully
king, and not "William, for whose escape from assassination the thanksgiving was appointed. His expul-
sion from the House was probably on account of this infamous punishment.
Except for his Jacobite opinions, it does not appear that "Vesey was not an estimable citizen ; and the
fact that he was chosen to represent the town, in the Legislature, this year, is sufficient proof that he had
not forfeited the good opinion of his neighbors, notwithstanding the misdemeanor of which he had been
convicted. His son William (H. C. 1693) appears to have been a graduate of great promise. He studied
theology with Rev. Samuel Myles of King's Chapel, where he preached, before a large audience, July 26,
1696, pending the criminal proceedings against his father. About the same time he was invited to preach
for Mr. Willard at the Old South, but declined; and a few weeks later he was censured for apostasy by
Increase Mather, at the ordination of Rev. Benjamin Wads worth. Subsequently he went to New York,
where (and on Long Island) he preached for a while without orders. Having received Episcopal ordina-
tion in England, he returned to New York, and became the first rector of Trinity Church. He was a
thorn in the side of the New- York governors, —especially of Bellomont, who unsparingly denounced both
him and his father, to the Lords of Trade.
II Baxter was chosen to succeed "Vesey, after the latter had been expelled.
[Representatives.] Piiovince Laws {Itenolves, etc.). — 1702.
6'63
County of Essex.
Salem, Mr. Josiiih Wolcott,*
Ca]jt. Jolin Turnor.
Ij)sivich, Mr. Nehemiah Jewett,
Mr. Nathaniel Knonlton.
Newbury, Lieut. Tristram Collin. f
Lynn, Lieut. John Pearson.
Marblehcad, Mr. Edward Brattle, f
Beverly, Capt. John Dodg.§
Boxford, iMr. Thomas Perley.
Salisbury, Mr. Isaac Morill.||
Andover, Mr. John Osgood.
Haverhill, Mr. John White.
Wenhani, Mr. John Newman.
Topsjield, Lieut. Ephraim Dorman.
Rotvlcy, Capt. Joseph Boynton.
Oloucester, Capt. James Davis.
Bradford, Capt. David Haseltine.^
Amesbury, Mr. John Kimball, senior.*
County of Middlesex.
Chnrlesloivn, Mr. Samuel Phipi^s.f f
Cambridge, Capt. Thomas Oliver.
Watertc/wn, Mr. Joseph Sherman.:^:]:
Newton, Mr. Edward Jackson.
Woburn, Maj, James Converse.§§
Concord, Mr. William Wilson. ||||
Sherburne, Mr. Thomas Sawiu *[fT[
Sudbury, Capt. Thomas Browne.***
Maiden, Mr. Phineas Upham.
Reading, Maj. Jeremiah Sweyne fff
Medford, Mr. Peter Tufts.
Chelmsford, Mr. Nathaniel Hill.
County of Middlesex — <?o«c^?/<ierf.
Billerica, Capt John Lane.
Marlborough, Capt. Henry Kerley.
Framingham, Mr. John Haven.
County of Hami'.siiiue.
Springfield, Lieut. John Hitchcock.
Northampton,
Hadlcy,
Hatfield,
Westfield,
Mr. .loseph Parsons.
Mr. Daniel Marsh.
Ensign Eleazer Frary.f JJ
Mr. Jedediah Dewey.
County of Barnstable.
Barnstable,
Yarmouth,
Eastham,
Sandwich,
Maj. John Goreham.
]Mr. Thomas Sturgis.
Mr. Joseph Doane.
Mr. William Bassett.§§§
County of Plymouth.
Plymouth, Capt. James Warren.
Marshfield, Mr. Isaac Winslow.
Scituate, Ensign John Cushing, jun.|
County op Bristol.
Bristol, Capt. Ebenezer Brenton.
Taunton, Mr. Robert Crosman.
Rehoboth, Mr. Edward Fobes.
Swanzey, Mr. Daniel Allen.
Little Compt07i,-
-IFlt
«
t
+
County of York.
Kittery, Lieut. Richard Bryar.
York, Mr. Abraham Preble, jun.
JOHN WHITE, Clerk.
JAMES MAXWELL, Doorkeeper to the Governor, Council and
General Assembly.
" Wolcot," in the Secretary's list. He sometimes wrote his name with one t.
Major Thomas Noyes was chosen May 7th, but refused to serve, and Coffin was chosen in his place.
He married Mary, the daughter of John Legg, of Marblehcad.
§ " Dodge," in the Secretary's list; but see legislative list for 1696-7.
II " Morrell," in the town records, and " Morril," in the Secretary's list: see legislative list for 1702-3.
H " Hazeltine," in the Secretary's list.
** " Senior," in the town records.
ft " Phips," in the town records. The town voted to send but one representative this year.
XX " Shearman," in the town records.
^!i " Convers," in the Secretary's list.
nil " May 10, 1702 hnp. Whether one or two should be chosen. Voted but one and after severall vot-
ings Mr. William Wilson was fairly chosen to l)e Representative."— Toion records.
nil " Sawen," in the town records.
*** " Brown," in the town records.
ttt " Swain," in the Secretary's list. He wrote it " Swayne " in 1694 (see p. 4.i, ante), but " Sweyne,"
usually.
XXX " Ensign," in the town records, and " Frarey," in the Secretary's list.
^§§ Not in the Secretary's list ; but the town records show that a rate was assessed to pay for Lis ser-
vices as representative this year.
II nil "Ensign," in the town records; '■ junior," in the Secretary's list:.
linn " At a Meeting of the Inhabitants of Little Compton this 15th day of May, 1702, for to choose a
Representative for the year ensuing, and the votes was cast 15 votes for Henry Head and 1.5 votes for
Capt. Southward [Southworth] , and the selectmen adjourned the Meeting until Monday next at 12 o'clock
at the same place, and the people met at the place and time appointed. Voted that William Wilbor is chosen
Representative, & William Wilbor did positive say he could not sarve in that place at this time." —
Copy of the town records as certified by the town clerk.
RESOLVES, ORDERS, ADDRESSES, ETC.
Passed at the Session begun and held at Boston,
ON THE Twenty-seventh day of May, A. D. 1702.
CHAPTER 1.
MESSAGE FROM BOTH HOUSES CONCURRING IN THE RESOLUTION THAT
THE PRINCESS ANNE, OF DENMARK, BE PROCLAIMED QUEEN OF ENG-
LAND, ETC.
Intelligence arriving this morning from Newfoundland, of the
death of our sovereign lord, King William the Third, on the 8"" of
March last, and of the accession of the high and mighty Princess Ann
of Denmarke to the imperial crowns of England, Scotland, France and
Ireland, and the council upon consideration of the said intelligence
having resolved that it is necessary for the administration of the gov-
ernment that her majesty Queen Ann be forthwith proclaimed, a
message was sent to the house of representatives by Elisha Cooke,
John llathorue, Samuel Sewall, Esq'^^*, and the secretary, to acquaint
that house with the said intelligence and the resolve of the council .
thereupon, and to desire their advice and concurrance therein ; and the
said gent"-, returning from the house of representatives, reported to the
board that they had delivered the said message and that the house
would take it into consideration. After some time, Captain Samuel
Legg, Capt. Samuel Checkle}', M"'- Josiah Wolcott, Capt. Eben'"- Bren-
ton. Major John Goreham, Capt. John Turner, M""- Nehemiah Jewett,
Maj""- Jeremiah Swain, M""- Edward Brattle and M''- "William Denison,
members of the house of representatives, brought up a message from
that house that the house concurred with the council in their message
sent them, for the proclaiming of her royal majesty Queen Anne.
[Passed May 28.
CHAPTER 2.
DECLARATION FOR CHANGING THE STYLE OF WRITS AND PROCESSES
UPON THE ACCESSION OF QUEEN ANNE. [Approved May 30.
[^Printed in the notes to tJie acts of the year 1702.']
[335]
336 Frovi^ck luAws (liesolves etc.). — 1702. [Chaps. 3, 4.]
CHAPTEK 3.
ORDER APPOINTING A COMMITTEE TO INQUIRE AND REPORT, ETC.,
AS TO THE QUANTITY AND QUALITY OF THE GUNPOWDER BELONG-
ING TO THIS PROVINCE.
In the House of Representatives June 2*? 1702.
Ordered That Maj- Swain, Cap? Turner, Cap- Checkley, Cap? Bren-
ton, Majr Gorham, Mr Winslow, JM? Pebble, & M^ ffrary be a Comittee
to Join with a Comittee of the Board if their Hon" See meet to Appoint
one, to make Inqvii-y of the Qvantity & Quality of the stores of Gun-
powder belonging to this Province and to make Report to this Court,
particularly of that last purchased.
.Seut up for Concurrence. Jam^ Converse Sj^eaker
In Council, die proedict. Read and concurred w'."" & Samuel Sewall,
Penn Townsend & Jn? Higginson Esq" appointed a Comittee of y"
Board to join w*!' y* abovenamed Com"'' of y" Rep''sentatives for the
service aboves*?
\_Approved June 2.
Is^. Addington Secry. —
CHAPTER 4.
RESOLVE APPOINTING A COMMITTEE TO PREPARE THE DRAUGHT OF
AN ADDRESS TO QUEEN ANNE IN CONDOLENCE OF THE DEATH
OF HER PREDECESSOR, KING WILLIAM THE THIRD, AND CONGRAT-
ULATING HER ON HER ACCESSION TO THE THRONE.
June 3^ 1702. In Council.
Resolved. That her Royal Majesty Queen Anne, be humbly Ad-
dressed by this Court, in condolance of the death of his late Majesty,
King William the Third of ever glorious memory ; And in Congi-atula-
tion of her Majesties happy accession to the Throne.
And Elisha Cooke & Samuel Sewall Esq" with the Secretary, are
appointed a Committee of the Board to joyne w*'^ such Committee as
shall be named by the house of Representatives, to prepare a draught
of s*? Address to be laid before both Houses. —
Sent down for concurranceV- Is:^ Addington Secry/.
Die pdict. In the House of Representatives
Resolved — a Concui-rence. And M- William Denison, Cap- Saml'
Legg, .John Cushion Esq- and Cap! Thomas Oliver are Appointed a
Comittee to Join with the Comittee of the Hon^'^ Board in the Affair
abovementioned.
Jam^ Converse Speaker, —
[^Passed June 3.
[1st Sess.] PiioviNCE IjAwh (liesolves etc.). — 1702. 337
CHAPTER 5.
RESOLVE FOR PAYING TEN POUNDS OUT OF THE PROVINCE TREAS-
URY TO WILLIAM WILSON OF CONCORD, TO BE DELIVERED TO
SARAH PURCHASE, BEING THE AMOUNT GRANTED TO HER LATE
HUSBAND BY RESOLVE OF THE YEAR 1701-2, CHAPTER 14.
Whereas this Court did at their Session begun the 28i!' day of May
1701, Passe a Resolve, That the Sum. of Ten Pounds should be
Allowed out of the Publick Treasury to INl- Oliver Purchisse on Con-
siderations therein mentioned, and s"? Purchisse Deceasing before he
had received s*^ Gratuity.
Resolved — That the afores'-' sum. of Ten Pounds be Paid out of the
publick Treasury of this Province, to M- William Wilson of Concord,
to be by him Delivered to M" Sarah Purchisse, widow Relict of s^
Oliver Purchisse. \_Approved June 3.
CHAPTER 6.
RESOLVE FOR ABATING AND REMITTING THE IMPOST ON MADEIRA
WINE SAVED OF THE CARGO OF THE BRIGANTINE LARK, CAST
AWAY NEAR PLYMOUTH.
The Petition of Andrew Belcher, Edward Lyde William Clarke and
Andrew Faneuil of Boston merch'.^ late Owners of the Briganteen Larke
whereof Daniel Noyes was Master. Humbly sheweth That the s'? Brigan-
teen being bound from Madera to Boston loaden with Madera wine,
was, on or about the 2'^ day of May aboves^ by a violent storm cast
ashore near Plymouth within this Province, and the s^ Vessel and above
one halfe of her Loading thereby utterly lost
Your Petitioners therefore pray That the dutys of Impost payable by
Law, for such and so much of the s^ Vessels Lading as was saved,
being forty — pipes of Madera wine, may be abated and remitted unto
them —
Resolved That the Praier of the above Petition be Granted, and
Order Given to the Comiss- of Impost accordingly. [^Approved June 5.
CHAPTER 7.
DRAUGHT OF AN ADDRESS TO QUEEN ANNE.
To Her most Excellent Majesty Anne, by the Grace of God, of Eng-
land, Scotland, France and Ireland Queen, Defender of the Faith &-
The humble Address of the Council and Representatives of your
Ma".''' Pro\ance of the Massachusetts Bay in New England in General
Court Assembled. —
Most Gracious Soveraign.
The Surprizeing Intelligence of the awful Stroke of Divine Provi-
dence in the death of our late Soveraign Lord, King William the Third,
of ever Glorious memory, filled us with no little consternation, and
338 Province Li Aws (Besolves etc.). — 1702. [Chap. 8.]
very sensibly affects us with a deep sorrow for so unspeakable a loss ;
Which we humbly crave leave to Condole with your Majesty, and our
Nation And at the same time, most heartily to congratulate your
Maj"^ happy Accession to the Throne ; whereby our griefe is much
alleviated, In that your Ma"^' known Zeal for, and firm Adherence to
the Protestant Religion gives us assurance of enjoying Prosperity under
3'our Maj''^^ Auspicious Reign, Which God grant may be long and
prosperous.
Humbly Beseeching your Majesty That the benign Influences of
your Royal Goodness and Protection may be Extended to your Ma"f^
good Subjects in this Province, at so great distance from the Royal
Seat.
That Almighty God would afford your Majesty the Assistance of all
Divine Grace is & shall be the hearty and fervent Prayer of,
Boston June G'J* 1702
Your Ma"f' most Dutiful Loyal & Obedient Subjects,
Signed.
John Phillips Ja Russell
Barn. Lothrop Elisha Cooke
E"!? Hutchinson Jn? Hathorne
Nath^ Thomas Elisha Hutchinson
Penn Townsend Sam? Sewall
Nath^ Byfield 1st Addington
John Higginson Jon^ Corwin
SamV Partridge Pe. Sergeant
And? Belcher John Wallet
John Pynchon Joseph Lynde
In the Name and by order of the House of Representatives
Jam^ Converse Speaker.
[^Passed to he engrossed for signing^ and approved June 6.
CHAPTER 8.
ORDER APPROVING AND FOR ENGROSSING THE DRAUGHT OF A LET-
TER * TO CONSTANTINE PHIPPS, AGENT OF THE PROVINCE.
The draught of a letter to Constantine Phips, Esq''-, drawn up on
Saturday last, was again read, agreed to and, —
Ordered^ To be fairly ingrossed, which, being accordingly done, was
signed by the maj'- part of the council and sent down with the rough
draught to the house of representatives ; and, being concurred with by
that house, was sent up from the same signed by the speaker. [^Ap-
proved June 8.
* No record or copy of this letter has been discovered; but the letter of Pbippa
acknowledging his receipt of it is preserved in the archives.
[1st Sess.J Province Laws {Resolves etc.). — 1702. 339
CHAPTER 9.
DRAUGHT OF A LETTER TO LORD CORNBURY, GOVERNOR OF NEW
YORK, REQUESTING THAT COLONEL ROMER 13E ALLOWED TO
FINISH THE FORTIFICATIONS AT CASTLE ISLAND.
We were honoured with your Excellencies kind Letter of the first
Instant, for which we return onr hearty thankes, and for your giveing
leave to Col? Romer to come to us ; The weather has bin such since his
arrival by reason of the great rains, that hitherto there has been very
little opportunity to do any thing about our Fortifications, and the
time assigned by your Lordship for his stay here is so short, that it
will be impracticable to make any considerable advance therein, within
the same.
When we dismist him the last fall we did not understand that
his presence was further necessary, within the Province under 3'our
Excellency's Governm^ than on'ly the laying out of the Lines for the
Fortifications at Albany, and the directing what Materials were Nec-
essary to. be provided for those workes, which we are Informed he
has accordingly done ; And we had assurance from L- Governour Nan-
fan at that time in chief Command, of Col? Romers return to us in the
Spring to stay two or three mouths for the finishing of our Fortifica-
tions, We pi'ovided accordingly and have all things in readiness upon
the place ; to carry on the same ; which is not j'et brought into such
posture, as to mount our Guns, but we lye open to the Insults of an
Enemy, being in daily expectation of hearing of a Declaration of War
with France ; and the Governo- for the French King at Port Royal,
has already begun to shew us what trouble we must expect to meet
with, from them, by Surpriziug and takeing several of our Fishing
Vessels, It is absolutly necessary for her Ma*^^ Service and the
preservation of her Interests within this Province, that we vigorously
apply to the finishing of our Fortifications ; whereto a full Stop will be
put without Col° Romers presence and further directions.
And therefore pray that your Excellency would be Pleased by the
next Post to make Col? Romer easy in his stay here, for some longer
time being of such absolute necessity for her Ma*^' service. Praying
your Excellency to be assured that we shall readily grant what is
within our power for her Ma*y' service within your Province, and are
R? Hon"^
Boston June 8'-'' 1702 Your Excys
Obliged faithful humble Serv'.'
Signed
John Appleton. John Pynchon
Natha^ Byfield. J a : Russell
Sam'-.'' Partridge. Elisha Cooke
Daniel Peirce. Elisha Hutchinson
John Wallet. Sam^^ Sew all
Penn Townsend. Peter Sergeant
• Is* Addington. Joseph Lynde
Andr ; Belcher. Barnabas Lothrop
E" Hutchinson
In y* name and by Ordf of the house of Repp's entatives
Jam? Converse SpeaJtf.
{^Approved June 8.
340 Province Laws {Resolves etc.). — 1702. [Chaps. 10-13.]
CHAPTER 10.
RESOLVE AUTHORIZING THE COMMANDER-IN-CHIEF, ETC., TO TRANS-
PORT PART OF THE MILITIA INTO THE PROVINCE OF NEW HAMP-
SHIRE IN THE VACANCY OF THE GENERAL ASSEMBLY. [Approved
June 9.
{^Printed in the note to the act of March 16, 1699-1700. '\
CHAPTER 11. '
RESOLVE FOR ALLOWING EIGHT POUNDS AND THIRTEEN SHILLINGS
TO JAMES MAXWELL, DOORKEEPER TO THE GENERAL COURT, FOR
HIS MOURNING CLOTHES, ON THE OCCASION OF THE KING'S
DEATH.
Resolved, That the sum of eight pounds and thii'teen shillings be
allowed and paid out of the public treasury to M""- James Maxwell,
doorkeeper to this court, for the cloathing him in mourning upon the
sorrowfull occasion of his late majestie's death. \_Approved June 9.
CHAPTER 12.
RESOLVE DECLARING THAT THE LAND OF DANIEL WARREN. JUNIOR,
LIES WITHIN THE WESTERN PRECINCT OF WATERTOWN. [Approved
June 9.
\^Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.'\
CHAPTER 13.
ORDER REFERRING TO THE NEXT SESSION THE PETITION OF THE
TOWN OF TOPSFIELD, WITH REFERENCE TO THE FARMS PRAYED
FOR BY BOXFORD, AND DIRECTING THAT SAID TOWNS BE NOTI-
FIED THEREOF BY THEIR RESPECTIVE REPRESENTATIVES. [Ap-
proved June 10.
{^Printed loith resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
[1st Sess.] TiioviNCE Ij^ws (Jiesolvefi etc.). — 1702. 34]
CHAPTER 14.
ORDER FOR PAYING TO NEHEMIAII JEWETT TWENTY-SIX SHILLINGS
AND SIXPENCE, THE VALUE OK FOUR UNENDORSED BILLS OF
CREDIT TO BE RECEIVED OF HIM BY THE PROVINCE TREASURER.
Ordered^ That the treasurer receive of M'- Nehemiah Jewet four
indented bills of the late colony of the Massachusets Bay ; viz'-, one
of twenty shillings, one of two shillings and sixpence, and two bills of
two shillings not indorsed by the treasurer, and pay for the same the
sum of twenty-six shillings and sixpence to the said M""- Jewett.
\^Approved June 10.
CHAPTEK 15.
RESOLVE FOR ALLOWING TWENTY POUNDS OUT OF THE PROVINCE
TREASURY TO JOSEPH HILL FOR THE PURPOSE OF EXPERIMENT-
ING WITH FIREWORKS FOR SINKING SHIPS, ETC., AND APPOINT-
ING A COMMITTEE TO DISBURSE THE MONEY.
A PROPOSAL offered by Joseph Hill of Boston, varnisher, that he hav-
ing proved and found by experience y'- he can forme such engines and
make such composition of fireworks as with God's blessing shall do
greater execution and spoil upon an enemy and contribute more to the
defence of any castle or fortification than a considerable number of
men can do, etc., he is willing to apply himself to provide the same,
and serve this province thereby to the utmost of his power, if he might
be encouraged by having granted unto him w'- shall be necessary for
the procuring materials, and support the whole charges incident thereto,
was sent up from the representatives with a resolve of that house in
answer to the said proposal, as followeth ; viz'-, —
Resolved., That the sum of twenty pounds be allowed out of the
public treasury for f lu-nishing the said Joseph Hill towards making an
experiment of fireworks for sinking of ships, etc., according to said
proposals, and that Capt. Samuel Legg and M''- John White be a com-
mittee, to joiue with such person or persons as the board shall appoint,
to see that the sum afores*^- be improved accordingly, so that the
experiment may be ready to be made by the next session of this court.
Which resolve being read at the board was concurred w"'- and signed
for consent by a major part of the council, and Elisha Hutchinson and
Andrew Belcher, Esq"-, appointed to be a committee of the board, to
joine with the said committee of the representatives for the service
abovesaid. \_Approved Jane 10.
CHAPTER 16.
RESOLVE FOR ALLOWING TEN POUNDS OUT OF THE PROVINCE TREAS-
URY TO THE TOWN OF YORK FOR THE MAINTENANCE OF THE
MINISTRY.
A PETITION of M'- Abraham Preble, representative for the town of
Yorke, praying some help and encouragement may be given the said
342 Province Laws {Resolves etc.). — 1702. [Chaps. 17-19.]
town towards the support of the ministry, was sent up from the rep-
resentatives with the resolve of that house thereupon, —
Resolved — That the sum of Ten Pounds be Allowed and Paid out
of the publick Treasmy, for the support of the Ministry in the Town
of York abovementioned. [Concurred in hy the Oouncil, and approved
June 10.
CHAPTER 17.
ORDER REFERRING TO A COMMITTEE THE REPORT OF JAMES TAYLOR,
RESPECTING THE LOCATION OF THE BOUNDARY LINE BETWEEN
THIS PROVINCE AND THE COLONY OF CONNECTICUT, WITH INSTRUC-
TIONS TO EXAMINE ALL RECORDS, PAPERS, ETC., RELATING TO
FORMER PROCEEDINGS CONCERNING THE SAID BOUNDARY, AND TO
REPORT, ETC. [Passed June 19.
[Printed with resolves^ orders^ etc.^ relating to the establishment, etc.,
of towns, etc.'\
CHAPTER 18.
ORDER APPOINTING A COMMITTEE TO PREPARE THE DRAUGHT OF AN
ADDRESS TO THE QUEEN ACKNOWLEDGING HER MAJESTY'S FAVOR
TO THE PROVINCE, ETC.
In the House of Representatives. June 22S 1702
Ordered— That Mf Thomas Oakes, Mf Nehemiah Jewett, Mr_William
Denison, Cap- Samuel Phipps, and M- John Cushion, be a Coi5ittee to
Join with a Comittee of the Hon^® Board, to Prepare a Draught of an
Addresse to her Maj'4, thankfully Acknowledging her Maj^^ favour to
this Province, in Her so early, & gracious Disposing, & Setling the
Government thereof, and humbly Supplicating the Continuance of Her
MajJiiS' Care, and ffavour for this Her Province.
Sent up for Concurrence. Jam^ Converse, Speaker —
In Council. June. 22-^ 1702.
Read, and concurred with ; And Samuel Sewall Esq-r with y- Secre-
tary appointed a Committee of the Board, to joyne with the Committee
of the Representatives for the Affair aboves^.
Is^ Addington Se'cry.
[Passed June 22.
CHAPTER 19.
ORDER FOR REVIVING AND CONTINUING THE COMMITTEE APPOINTED
JULY 19, 1699, TO EXAMINE, ETC., THE ACCOUNTS OF CLAIMS, ETC.,
UNDER THE GOVERNMENT OF SIR EDMUND ANDROS; AND FOR
EMPOWERING THEM TO GRANT DEBENTURES, ETC.
Forasmuch as the time Limited to the Comittee appointed for grant-
ing of Debentures to Souldiers and others for Service done, and
Supplys made to the Publick in the time of S^ Edmond Andros's Gov-
[1st Sess.] PiioviNCE Laws {Resolves etc.). — 1702. 3^3
ernment, is expired, And there being sundry persons that have not
yet received their Debentures for what is fully due unto them.
Ordered, 'Jluit Peter Sergeant and .John Walley Esq" MessI? Francis
Burroughs, Joseph Parson, and Jacob Green the former Committee,
Be and hereby are revived and further continued a Committee for that
affair And they or any three of them are hereby Impowred to Signe
and give forth Debentures upon the Treasurer, to all such whose
accompts they have already adjusted and stated, for what and so much
as is yet behind remaining due to them. — [^Approved June 23.
CHAPTER 20.
RESOLVE* FOR PRESENTING FIVE HUNDRED POUNDS TO JOSEPH
DUDLEY, GOVERNOR, ETC., OF THE PROVINCE.
A resolve was sent up from the representatives in the words follow-
ing ; viz'-, —
Resolved, That tJie sum of five hundred pounds be at this time pre-
sented out of the public treasury to his excellency Joseph Dudley,
Esq""-, her majestie's captain-general and governour-in-chief of this her
province, praying his ex*^^'^ favourable acceptance.
Which resolve being read at the board was concurred with, and a
bill being accordingly drawn up for applying the sum of five hundred
pounds of the moneys granted unto her majesty to the use of his ex-
cellency, was read a fh'st and second time and past to be ingrossed.
[_Passed June 24.
CHAPTER 21.
DRAUGHT OF AN ADDRESS TO THE QUEEN, AND VOTE THAT SAID
DRAUGHT BE ENGROSSED
The draught of an address to her maj'^', reported by the committees,
was read a first and second time and past to be fairly engrossed.
\_Passed June 24.
To the Queens most Excellent Majesty.
The humble Addeess of the Council and Representatives of your
Maj''P' Province of the Massachusetts Bay in New-England in General
Court Assembled — .
Most Gracious and Dread Soveraign.
Our humble Address unto your Sacred Majesty, In Congratulation
of your Majesties Happy Accession to the Throne was scarce passed
from our hands. Before we received signal Instances of your Majesties
Princely Regard to and Care of your good Subjects within this your
Majesties Province, In so earely and Gracious disposing and setling the
Government thereof. And consigning the same into the hands of his
Excellency Joseph Dudley Esql^f in Chief, and nextly of the Honora-
ble Thomas Povey Esq^ Persons sincerely devoted to your Maj*'.*^^ Ser-
*See the act of June 27, 1702. This resolve, though superseded by the act, is, in terms,
complete and independent, and so could not be rejected as being merely interlocutory.
t iS'ic. " Commander," omitted.
344: Province Laws {Resolves etc.). — 1702. [Chaps. 22, 23.]
vice and very acceptable to our Selves ; who through the Auspicious
care and Conduct of Divine Providence are safely arrived to us.
For which Royal Favour we humbly begg leave to prostrate at your
Maj''f' Royal Feet this tender of our hearty and grateful Acknowledge-
ments ; with the humble Protestations of an inviolable Loialty ; Hum-
bly Supplicating the continuance of your Maj''5^ Royal Care and
Favours towards us ; And Beseeching Almighty God who has raysed
up your Majesty to be the true Defender of the Protestant Faith at all
times to encircle your Royal Person with his Divine Protection, Grant
Success to 3^our Maj^f' Counsels & Armes, make your Reign long and
prosperous on Earth, and at last bestow upon you an Eternal Crown of
Glory.
This is and shall be the ardent and Incessant Prayer of
Your Ma"P
June. 23^ 1702-/. Most Dutiful Loyal Subjects.
Signed.
John Wallet John Pynchon
Barn?^ Lothrop Ja. Russell
Daniel Peirse Elisha Cooke
Jn" Thacher Jn'^ Hathorne
And* Belcher W" Browne
Nath'^ Thomas Elisha Hutchinson
Ei' Hutchinson Is^ Addington
Penn Townsend Jn° Foster
Jn** Appleton Jon'^ Corwin
Nath-^ Byfield Pe. Sergeant
Jos : Hammond Joseph Lynde
Sam"; Partridge
In the Name and by Order of the House of Representatives
James Converse Speaker
CHAPTER 22.
RESOLVE FOR ALLOWING TWO HUNDRED POUNDS TO JAMES TAY-
LOR, TREASURER OF THE PROVINCE, FOR HIS SERVICES DURING
THE YEAR 1701-2.
Resolved — That the Sum. of Two Hundred Pounds be Allowed out of
the publick Treasury to Ml- James Taylor Province-Treasurer for his
Service in s'? office the Year last past. \_Approved June 24.
CHAPTER 23.
RESOLVE FOR APPROVING AND ALLOWING THE PROVINCE TREAS-
URER'S ACCOUNTS FROM MAY 28, l701, TO MAY 27, 1702.
The accompts of M''- James Taylor, treasurer and receiver-general
of this province, beginning the 28* day of May, 1701, and continued
unto the 27* day of May, 1702, amounting unto the sum of ten thou-
sand eight hundred twelve pounds five shillings and elevenpence, hav-
ing been presented and laid before the house of representatives and
inspected by said house, by which it appears there was standing out on
[1st Sess.] PitoviNCE l^xvfs {Resolves etc.). — 1702. I:J45
the s"*- 27"* day of May, of the several assessments, nine hundred and
four pounds eleven shillings and tenpence, and of the duties of im-
post, etc. (as by ace"- received from John AValley, Esq''-, late commis-
sioner) , sixty pounds, to be drawn into the treasury and further to be
accomptcd for, —
Resolved^ That the said accompts, in the several articles of receipts
and payments therein mentioned, amounting unto the sum of nine
thousand eight hundred forty-seven pounds fourteen shillings and one
penny, be and hereby are approved and allowed of, and the said treas-
urer is hereby discharged of the said sum of nine thousand eight hun-
dred forty-seven pounds fourteen shillings and one penny. [^Passed
June 25.
CHAPTER 24.
RESOLVE APPOINTING A COMMITTEE TO CONSIDER AND REPORT
UPON A CLAUSE IN THE GOVERNOR'S SPEECH, RELATING TO THE
ERECTION OF A FORT AT PEMAQUID.
The Resolve pas't by the Board the 24'-'' currant for appomting a
Committee to joyne with a Committee of the Representatives to .con-
sider of that Clause in His Excellencies Speech, As to the Erecting a
Fortification at or near Pemaquid, being agreed to l)y the Representa-
tives, and sent up with the Names of their Committee. Viz? m[ Spealver,
Captain Brattle, m^ James Coffin, ml John Goreham, and m~ John
White,
John Hathorne, Jphn Phillips, Daniel Peirse and John Appleton
Esq^' were named and appointed a Committee of the Board for the
Affair aforesaid, John Hathorue Elsq^ to be chairman and to appoint
time and place for meeting. — [^Passed June 27. ,
CHAPTER 25.
RESOLVE FOR ALLOWING FOURTEEN POUNDS TO JOHN WHITE, CLERK
OF THE HOUSE OF REPRESENTATIVES; FORTY SHILLINGS THEREOF
FOR HIS SERVICES FOR THE LAST YEAR, AND TWELVE POUNDS
AS PART PAY FOR HIS SERVICES FOR THE CURRENT YEAR.
Resolved, That the sum of fourteen pounds be allowed and paid out
of the public treasury to M''- John White, clerli of the house of repre-
sentatives, forty shillings thereof being for his service the last year,
there being thro mistake so much less than was intended granted to
him, the remaining twelve pounds being in part for his service this year
currant. [Approved June 27.
346 FiiOviNCE LiAWS (Besolves etc.) . — 1702. [Chaps. 26-28.]
CHAPTEK 26.
RESOLVE FOR ALLOWING THIRTY POUNDS TO JAMES MAXWELL FOR
HIS SERVICES AS DOORKEEPER TO THE GOVERNOR AND GENERAL
COURT FOR ONE YEAR, ENDING JUNE 8, 1702.
Besolved, That the sum of thirty pounds be allowed and paid out of
the public treasury to M"'- James Maxwell, doorkeeper to his excellency
the governour and this court, for his service the year last past, expir-
ing the eighth day of June instant. \^Approved June 27.
CHAPTER 27.
RESOLVE FOR ALLOWING TWENTY POUNDS OUT OF THE PROVINCE
TREASURY TOWARDS THE MAINTENANCE OF A CHAPLAIN AT THE
GARRISON AND PLANTATION OF BROOKFIELD FOR THE PRESENT
YEAR.
Whereas the Plantation of Brookefield, lying on the great Road
betwixt this Her Maj'l''' Province and the Colony of Connecticut, being
a usual and necessary stage for Travallers and Posts passing betwixt
the two Governml' is a new begiuing to be Setled, and yet unable to
Support it Selfe without receiving some Assistance from the Governm-
being a garrisoned place
Besolved. That the Sum of Twenty pounds be allowed and paid
out of the Publick Treasury of this Province towards the Support of a
Chaplain to that Garrison for the present year. [App7'oved June 27.
CHAPTER 28.
ORDER FOR RESTORING TO PETER SERGEANT A QUANTITY OF GUN-
POWDER, AND FOR PAYING HIM, BESIDES INTEREST, EIGHTY-FOUR
POUNDS, THE BALANCE DUE TO HIM FOR SIXTY AND ONE-HALF
BARRELS OF GUNPOWDER.
Upon reading the report of the committees of both houses appointed
to enquire into the quantity of the public stores of gunpowder and the
quality thereof, that twenty-seven barrells and an half of the last pur-
chase, mark't P. S., are not fitt for service and are set by themselves in
the sconce, all parties concerned in that affair having also been heard,
and it appearing that, notwithstanding all due care taken by the
committee appointed to purchase said powder, by making due and
usual trials and proofe of the same beforehand, twenty barrels and an
half thereof are judged unfit for her majestie's service, which Peter Ser-
geant, Esq'-, the vender, offering to take again to himself, —
Ordered, That the said twenty-seven barrels and a half of powder
be restored again unto the said M""- Sergeant, and that a warrant be
made out unto the treasurer to pay unto him eighty-four pounds, over
and above the former order past for four hundred pounds in full for
sixty barrels and a half of gunpowder l)ought of him, and that he be
allowed interest for the whole sum, after the rate of six pounds per
cent, per annum, from this day until he be paid. [Approved June 27.
[1st Sess.] Frovince Li aws (Jiesolves etc.) . — 1702. g^Y
CHAPTER 29.
RESOLVE FOR APPOINTING A COMMITTEE TO EXAMINE THE ACCOUNTS
OF JOHN USHER, LATE TREASURER OF NEW ENGLAND UNDER THE
ADMINISTRATION OF SIR EDMUND ANDROS.
Resolved, That a Committee be appointed to Examin the Accompts
of John Usher Esqi. late Treasurer, and to call for all former Reports
and Papers relating thereto. And to repoi't their doings therein to y*
next Session of this Court. And Samuel Sewall, Peter Sergeant John
Walley and Natlianiel Byfield Esq" are appointed a Committee of the
Board for that Affair, to joyne with a Committee of the Representa-
tives, If that house thinke fit to name one.
Sent down for concurrance-/. Isi Addington Seay.
In the House of Representatives Die ^dict. Read and Pass'd a Con-
currence & Ordered That W- Thomas Oakes, Capt Saml' Checkley,
Cap- Sam" Phipps, M' William Denison & John White be a Coinittee,
to Join with the Coinittee of the Hon=^ Board in the affair afores^
Jam^ Converse Speak.
[Passed June 27.
348 Pbovinoe Laws {Resolves etc.). — 1702. [Chaps. 30-32. j
RESOLVES, ORDERS, VOTES, ETC.
Passed at the Session begun and held at Cam-
bridge,* ON THE FIFTEENTH DAY OF OCTOBER, A. D.
1702.
CHAPTEE 30.
RESOLVE REFERRING TO A COMMITTEE t THE PETITION OF THE
JUSTICES OF THE PEACE OF SUFFOLK COUNTY, PRAYING THAT
FURTHER PROVISION BE MADE FOR THEIR RECEIVING THE PAY
ALLOWED TO THEM BY LAW FOR ATTENDANCE AT THE SESSIONS.
A PETITION of the justices of the peace of the county of Suffolk, pray-
ing that further provision may be made for paying them the allowance
granted by law, for their attendance at the sessions of the peace, other
than by the fines arising in the said court, being presented and read,
the said petition was committed to Elisha Hutchinson, Nath'- Thomas,
Daniel Peirce and John Thacher, Esq"-, who were appointed to joine
with a committee, to be named by the house of representatives, to con-
sider the matter of the prayer of the said petition and to prepare a bill
accordingly. [^Passed October 15.
CHAPTER 31.
RESOLVE REFERRING TO A COMMITTEE THE PETITION OF HOPE-
STILL BENT AND OTHERS, FOR LEAVE TO PURCHASE LAND OF
THE INDIANS AT NATICK. [Passed October 17.
[^Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, eic]
CHAPTER 32.
RESOLVE FOR EXEMPTING FROM TAXATION ENOCH LAWRENCE OF
GROTON, WOUNDED AND DISABLED IN THE KING'S SERVICE. AND
FOR ALLOWING HIM A PENSION OF THREE POUNDS PER ANNUM
DURING HIS LIFE.
A PETITION of Enoch Lawrence of Groton, settingj that by reason of
wounds in his hand, received in the former Indian warr, he is almost
* By reason of tlie small-pox in Boston.
t 'liie names of the members of the House on this committee hare not been ascertained,
the journals of the House for this date not having been preserved, and no entry thereof
havinir been made in the records of the Council.
X sic: " forth," omitted ?
[2i) 8ess.] Province Laws {Itesolves etc.). — 1702. 34.9
wholly disabled from following his daily labour, upon which he depends
for a livelyhood for himself and family, and tlierefore praying that he
ma}'^ have freedom from taxes and something allowed him for a mainte-
nance, was sent up from the representatives with the resolve of that
house thereupon, —
Eesohied, that the; Said Petition'' be freed from publick 'J'axes & be
allowed and paid out of the Publick Treasury of the Province as a Pen-
sion during his life, three pounds p"" annu. [Concurred in by the Coun-
cil^ and approved October 19.
CHAP TEE 33.
ORDER APPOINTING A COMMITTEE TO CONSIDER AND REPORT ON
THE PETITION OF THE INHABITANTS ON THE WEST SIDE OF THE
RIVER IN SPRINGFIELD. PRAYING FOR A PRIVILEGE IN THE PAR-
SONAGE LANDS PROPORTIONABLE WITH THE OTHER INHABITANTS
OF SAID TOWN.
The petition of the inhabitants of Springfield, living on the west
side of the river, praying that they may have a proportionable privi-
ledge with the other inhabitants of said towns* in the parsonage or min-
istry lands, was sent up from the representatives with their concurrance
to the order past yesterday by the board thereupon, to wit : —
Ordered., That Lieut. -Col°- Partridge and the present representatives
of the towns of Hadley, Northampton, Hatfield and Westfield be a
committee to enquire into the matter of the s*^- petition and to make
report thereof to the session of this court in May next. [Approved
October 2(^.
CHAPTER 34.
ORDER APPOINTING A HEARING ON THE MEMORIAL OF COLONEL
ROMER COMPLAINING OF CAPTAIN TIMOTHY CLARKE, AND DIRECT-
ING THAT SAID CLARKE BE NOTIFIED, ETC.
A MEMORIAL of ColP' Romcr, her majestie's engineer, referring to
the fortifications on Castle Island, and complaining of Capt. Timothy
Clark, one of the committee for that affair, being presented and
read, —
Ordered That CoP Romer be heard upon this Complaint, on Tuesday
morning next the 27'-'' instant And that Cap^ Clarke be notifyed thereof
and have a Copy if desired. [Passed October 21.
CHAPTER 35.
RESOLVE, ON THE PETITION OF MICHAEL BACON AND JOHN WILSON,
FOR NOTIFYING THOMAS BANISTER TO APPEAR BEFORE THE GEN-
ERAL COURT TO PROVE THAT HE IS THE AGENT OF THE HEIR OF
MAJOR THOMPSON, WHO IS THE OWNER OF MAJOR GOOKIN'S FARM
IN BILLERICA. [Passed October 21.
[Printed loith resolve.-i, orders, etc., relating to the establishment, etc.,
of towns, ete.J , ^^
350 Pkovince Laws {Resolves etc.). — 1702. [Chaps. 36-38.]
CHAPTER 36.
VOTE REFUSING TO GRANT THE PETITION OF MARTHA DADY OF
CHARLESTOWN, WIDOW, PRAYING FOR LICENSE TO SELL THE REAL
ESTATE OF HER LATE HUSBAND.
A PETITION of Martha Dadj' of Charlestown, widow, praying liberty
to make sale of some housing and lauds left by her husbaud, W""- Dady,
late of Charlestowu, deceed, for her support, was sent up from the
representatives with the vote of that house thereupon, —
Voted that It is not Convenient for this Court to grant Iier power to
sell any of y'' Land aboue prayed for. \_Goncurred in by the Council^
and passed October 24.
CHAPTER 37.
RESOLVE FOR AN ADDITIONAL ALLOWANCE OF SEVENTY-FOUR
POUNDS AND THIRTEEN SHILLINGS TO JAMES TAYLOR, IN FULL
DISCHARGE OF HIS ACCOUNT OF EXPENSES AND FOR LOSS OF TIME
IN THE PREPARATION OF INSTRUMENTS, ETC., IN DETERMINING
THE BOUNDARY LINE BETWEEN THIS PROVINCE AND THE COLONY
OF CONNECTICUT.
The Treasur^^ acco'' of Charges and disbursm'' referring to the
Line betwixt the Two Gouerm'% and time for p''paration of lustrum"
therein mentioned Read a 1"' 2'^ & 3"^ time —
Resolved that the Sum of Seventy four pounds thirteen shillings,
(in addition to y^ Twenty fine pounds he hath allready Receiued) be
allowed and paid to him out of y^ Province Treasury, in full of Said
acco'% and seruice in p''paration of Instm'' as af ores'* — [^Approved
October 24.
CHAPTER 38.
RESOLVE FOR PAYING FOUR POUNDS AND TEN SHILLINGS OUT OF
THE PROVINCE TREASURY TO JOSEPH BEAN,* WOUNDED IN THE
KING'S SERVICE AT FORT MARY.
A PETITION of Joseph Beane, interpreter for the Indians at her
majestie's Fort Mary at Saco, setting forth that the charge of curing
a wound in his hand, received at her majestie's said fort by the firing
off a gun (which charge he hath been oblige to pay), amounts to four
pounds ten shillings more than the allowance formerly made him of
twenty pounds to defrey the charge thereof, and praying consideration
of the same, was sent up from the representatives with the resolve of
that house in answer to the same, —
Resolued that there be allowed and paid him Out of y" Province
Treasury four pounds Ten Shillings for y" Compleating of the payment
of his Cure \_Ooncurred in by the Council., and approved October 29.
• Written " Bane " iu the petition.
[2d Sess.] Puovince Laws {liemlves etc.). —1702. 35J
CHAPTER 3 0.
RESOLVE REFERRING TO THE (COURTS OF LAW JOHN WILKINS OF
BRISTOL, PETITIONER FOR THE APPOINTMENT OF A COMMITTEE
TO INQUIRE INTO THE CONDUCT OF THE FIRST PURCHASERS OF
THE TERRITORY OF MOUNT HOPE, WITH REGARD TO THEIR AR-
TICLES OF AGREEMENT FOR DIVIDING SAID TERRITORY.
A PETITION of John AYilkins of Mount Hope, called Bristol, setting
forth that there hath not been hitherto any due or regular settlement
made of the said place (of part of which he is a purchaser), nor divi-
sion of the lands there according to articles entred into by those that
first purchased the said lands of the government of the late colony of
New Plimouth, and praying that a committee may be appointed to
make inquiry into the settlement of the said tract of land call'd INIount
Hope, and how farr the first purchasers have complied with their arti-
cles and agreements, etc , being read at the board, —
Resolv'^ y' the Pet- be referred to his remedy in course of Law-/.
\_Conmirred in hij the House, and passed October 30.
CHAPTER 40.
TWO DRAUGHTS OF A LETTER* TO THE GOVERNOR AND COUNCIL
OF CONNECTICUT, RESPECTING THE BOUNDARY LINE BETWEEN
THAT COLONY AND THIS PROVINCE; AND THE VOTE FOR SIGNING
OF SAID LETTER. [Approved November 2.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.'\
CHAPTER 41.
ORDER DIRECTING THE APPLICATION OF THE POWDER MONEY RE-
CEIVED AT THE PORT OF MARBLEHEAD TO THE USE OF THE
FORT IN SAID TOWN.
* * In y^ house of Representatiues * *
Ordered — That all the Powdermoney that for the future shall be-
come due and be Collected at Marblehead bo Applyed to the Use of
Her Majesty's Fort in the said Town.
Sent up for Concurrence. Jam^ Converse Speaker, —
In Council Nov^ 2'? 1702.
Read and concurred w"" And ordered that the Cap"^ of the Fort there
for the time being be y^ Collector of said duty.
Is*^ Addington Secry.
[Concurred in by the House, and approved November 2.
*Both draughts are preserved, although the second draught was prepared because the
former draught could not be found.
352 Provisge'Laws {Besolves etc.). — 1702. [Chaps. 42-44.]
CHAPTER 42.
RESOLVE FOR CONFIRMING TO HENRY FLYNT* AND THE REST OF
THE CHILDREN OF JOSIAH FLYNT, LATE OF DORCHESTER, FIVE
HUNDRED ACRES OF LAND CONVEYED BY THE GENERAL COURT
TO ELIJAH CORLET, LATE OF CAMBRIDGE, IN THE YEAR 1668, AND
PURCHASED OF SAID CORLET.
A PETITION of M'- Henry Flint in behalfe of himself and the rest of
the children of M''- Josiah Flint, late minister of Dorchester, deceed,
setting forth that the general court of the late Massachusets colony
in the year 1668 granted to M""- Elijah Corlet, late of Cambridge,
school-master, five hundred acres of land which the petitioners' grand-
mother and their father (both now deceed) for valuable consideration
purchased of the said Corlet, and praying that five hundred acres ol
land surveyed and laid out by M""- David Fiske near Quansigamuck
Pond in obedience to the said grant, and since preambulated by David
Heynes, surveyor, may be confirmed to the petitioners, was sent up
from the representatives with a platt of the said land, and the resolve
of that house thereupon that the land described in the said platt be
allowed and confirmed as the five hundred acres of land which were
given by the general court of the Massachusets colony in the year
1668 to M""- Elijah Corlet, late school-master in Cambridge, provided
it doth not interfere with any former gi'ant or grants of the general
court. \^Concurred in by the Co'incil. and approved November 2.
CHAPTER 43.
ORDER FOR FURNISHING THE GARRISON AT CASTLE ISLAND WITH
BEDDING, ETC.
The petition of the soldiers in garrison at her majestie's castle,
praying to be furnished with bedding, etc., was returned from the
representatives with the order of that house thereupon, —
Ordered — In Answer to the Petition on the other side that 40 Beds,
40 pair of Sheets. & 40 Blankets, be Provided for the souldiers at the
Castle, and Paid for out of the Publick Treasury \_Concurred in by
the Council^ and approved November 2.
CHAPTER 44.
VOTE APPROVING OF THE REPORT OF THE COMMITTEE ON THE
PETITION OF HOPESTILL BENT AND OTHERS AND REFUSING SAID
PETITION. [Passed November 3.
[^Printed with resolves^ orders^ etc., relating to the establishment, etc.,
of towns, etc.']
* Although the original petition has not been found, the signature was undouhtedly
Fli/nt, as b'oth father and son uniformly spelled their surname with a " y."
[2d Sess.] Province Laws {Resolves etc.). — 1702. 353
CHAPTEK 45.
RESOLVE APPOINTING COMMISSIONERS TO SUMMON, AND ADMINISTER
OATHS TO, THE DEBTORS OF LOUIS BOUCHER OF BOSTON, MER-
CHANT, WHOSE BOOKS OF ACCOUNT WERE DESTROYED BY FIRE,
TO ASCERTAIN THE AMOUNTS DUE BY SAID DEBTORS.
A PETITION of Louis Boucher jof Boston, merch'', setting forth that
by a fire happening in March last, which burnt his warehouse, all his
books and accorapts were likewise burnt and consumed, whereby he is
disabled from recovering by law such debts as are owing to him from
any that may have designs of defrauding him thereof, and praying
that remedy may be provided for Iiim in that' behalf, was read and a
resolve was thereupon passed by the board, —
Resolved That a CoSTmission be made out To Elisha Hutchinson,
Isaac Addington «& Nath' Byfield Esq" impowring them or any two of
them to call before them all persons indebted to y" within named Louis
Boucher, and to require and administer an Oath unto such respective
Debtors referring to y'' debts from them owing to s'? Boucher, and
that s^ Commissioners make Report of their doings to the Governour
& Council from time to time — \_Concurred in by the House, and ap-
proved November 5.
CHAPTEK 46.
RESOLVE FOR EXEMPTING FROM ALL FUTURE PROVINCE POLL-
TAXES JOHN PARKE OF NEWTON, WOUNDED AND MAIMED IN
THE KING'S SERVICE, AND FOR ALLOWING TO THE SELECTMEN
OF SAID TOWN, OR THEIR ORDER, FIFTY SHILLINGS PER ANNUM
FOR HIS USE DURING HIS LIFE.
A PETITION of John Parke of Newtown, praying an allowance in
consideration of a wound or maime by him received in the service of
the public against the Indian enemy, was sent up from the representa-
tives with the resolve of that house in answer to the same, —
Resolved That the sum of fifty Shillings ^ annum be Paid out of the
Publick Treasury to the select men of the Town of Newton, or their
order to be by them Imployed and Improved for the benefit of the Pe-
titioner and his family during his naturall life, and that the Petitioner
be Exempted from being Rated for his Poll in all Province-Taxes for
the future. \^Concurred in by the Council^ and approved November 5.
CHAPTEK 47.
ORDER APPOINTING A COMMITTEE* ON THE PETITION OF THE TOWN
OF LANCASTER FOR LEAVE TO PURCHASE OF GEORGE TAHANTO,
AN INDIAN SAGAMORE, A TRACT OF LAND LYING TO THE WEST
END OF SAID TOWNSHIP AND ADJOINING TO WACHUSETT HILL.
[Passed November 6.
\_Printed with resolves., orders, etc., relating to the establishment., etc.,
of towns ^ etc.']
* The loss of the House Journals leaves it doubtful if this committee was copipleted by
the appointment thereto of members of the House.
354 Province Laavs {Resolves etc.). — 1702. [Chaps. 48-50.]
CHAPTER 48.
RESOLVE APPOINTING A HEARING ON THE PETITION OF SAMUEL
GIBSON OF CAMBRIDGE, FOR A NEW TRIAL OF THE ACTION
BROUGHT AGAINST HIM IN MIDDLESEX COUNTY BY JOHN GOVE.
TnE PETITION of Samuel Gibson of Cambridge, complaining of a
raistryal of a case in the county of Middlesex, was again read and a
concurrance past with the resolve of the representatives thereupon,
viz'-, —
Resolued that the Petition'' ought to haue a hearing before y'
whole Court.* \_Passed November 6.
CHAPTER 4 9.
RESOLVE DECLARING THE MEANING OF THE ACT TO PREVENT EN-
CROACHMENTS UPON HIGHWAYS, STREETS, ETC. {Approved Novem-
ber 9.
\_Printed in the note to the act of June 7, 1698. ']
CHAPTER 50.
RESOLVE FOR ABATING THE IMPOST ON LOGWOOD SAVED FROM THE
BRIGANTINE WEYMOUTH, CAST AWAY ON THE SANDS OFF NAN-
TUCKET.
The petition of Epaphras and Samuel Shrimpton, praying for an
abatement of the impost of the logwood saved out of the brigantine
Weymouth, John Raymer, master, cast ashore in the month of Janu-
ary last upon the sands lying off the island of Nantucket and there
lost, was sent up from the representatives with the resolve of that
house thereupon, —
Resolved — That the Praier of the Petition on the other Side be
Granted, and Order be Given to the Commission^ for Impost accord-
ingly. [^Concurred in by the Council, and approved November 9.
* The entry in the record continues, as of tliis date, " and agreed that tbe hearing Ije at
tlie next session of this court." But the memorandum on the original reads "The hear-
ing to be at y9 next Session of this Court.
Sent down for concurrance. Is* Addington Secnj.
House of Representatives Novr 19t.h 1702.
Concurr'd, Jam? Conveuse Speaker"
[2d Sess.] Province Laws {Resolves etc.). — 1702. 355
CIIAPTEK 51.
RESOLVE FOR PREPARING AND FORTIFYING A SUITABLE PLACE AS
A TRADING HOUSE FOR THE SUPPLY OF THE INDIANS AT PEN-
NECOOK, ETC.
ft
TiiK WINTER being too far advanced for the Erecting of a Trading
house for the Supply of the Indians of Pennicooke &c'i and Fortifying
of the same at Wataanuck in the County of Midd^
Resolved That a conveni,eut house next adjoyning thereto such as his
P2xGy. shall direct be fitted up and Fortifyed for that Service, with
hewn Timber and a sutable Garrison posted there for the defence
thereof the Fortification not to exceed forty foot Square. \^Passed
November 10.
CHAPTER 52.
RESOLVE APPOINTING A HEARING ON THE PETITION OF SETH PERRY
AND SAMPSON MOORE RELATING TO AN ESTATE IN BOSTON FOR-
MERLY BELONGING TO ONE SHEFFIELD, AND FOR NOTIFYING
JOSEPH HOLMES THEREOF, ETC.
A PETITION of Seth Perry and Sampson Moore for sale of a house
and land in Boston formerly belonging to Ann Sheffield, for payment
of debts owing them from her, being read, —
Resolved^ That the petitioners and Joseph Holmes (who claims a
right to the said house and land) be notified to attend upon Friday
the 13'^-, currant, and that they be heard before the whole court.
\^ Passed November 10.
CHAPTER 53.
ORDER FOR EFFECTING THE APPORTIONMENT, UNDER THE RESOLVE
OF FEBRUARY 24, 1701-2, OF THE EXPENSE OF THE NEW BRIDGE
OVER TAUNTON GREAT RIVER, AND FOR ENFORCING THE PAY-
MENT OF THE SAME.
A PETITION of the selectmen of Taunton, praying that effectual order
may be given for proportioning the charge of building the bridge over
the Gi'eat River in said,* being eighty pounds upon the several towns,
that by a resolve past the general assembly in February last were
appointed to pay and defrey the said charge, was sent up from the
representatives with an order past by that house in answer to the same
as follow eth ; viz'-, —
Ordered — That the last Resolve of this Court be attended, & the
charge of Building the s"? Bridge being Eighty Pounds be Defrayed
one half thereof by the Town of Taunton «fe the other half by the
Towns of ft'reetown, Tiverton, Little Compton & Dartmouth in pro-
^tion according to their Pro^tions, as they were Assest to the Province
Tax by the Gen" Assembly at their session in May Anno 1700. And
* Sic : " town," omitted ?
356 Frovinch Laws (Besolves etc.) . — 1702. [Chaps. 54-56.]
that the Justices in Quarter sessions for the County of Bristoll Issue out
their order unto the Selectmen of the aboves^ Towns to Assess the
Same upon the Inhabitants of s^ Towns, each one his due, and equall
Proportion thereof according to the Rule before mentioned, and to
annex the Penalties as the Law Provides in the Default of Payment of
Province Rates and Issue out their Warrants, to the Constables of the
respective Towns to Collect the 8ame, and Pay it in unto the selectmen
of Taunton for the ends abovesaid. upon the same Penalties that they
are to Collect other Assessments. [^Concurred in by the Council., and
approved November 10.
CHAPTEK 54.
RESOLVE FOE. ALLOWING AND PAYING TWENTY POUNDS OUT OF
THE PROVINCE TREASURY TO CAPTAIN CROFTS, COMMANDER OF
THE SHIP GOSPORT, FOR HIS EXPENSE IN ENTERTAINING THE
GOVERNOR AND HIS ATTENDANTS IN A VOYAGE TO PEMAQUID.
Resolved — That the sum of Twenty Pounds be Allowed and Paid
out of y? publick Treasury unto Captain Crofts Comander of Her Maj-
esty's ship the Gosport for his Expences in Entertaining his Excellency
the Governour, and the Gentlemen that waited upon him in his late
voyage to Pemaqvid. [^Approved November 11.
CHAPTEK 55.
RESOLVE FOR ALLOWING SIX POUNDS OUT OF THE PROVINCE
TREASURY TO JOHN WATSON, PURSER OF THE SHIP GOSPORT, FOR
HIS EXTRAORDINARY EXPENSES ON HIS VOYAGE TO THE EAST-
WARD WITH THE GOVERNOR.
Resolued that the Sum of Six pounds be allowed out of the publick
Treasury to s*^ m' Jn? Watson, Purser of her maj'i^' Ship the Gospert
for his Extraordinary Expences in wood Candle &c on s** ship waited
on his Excellency to the Eastward. \_Approved November 11.
CHAPTER 56.
RESOLVE FOR AN ADDITIONAL ALLOWANCE OF FOUR POUNDS, EACH,
TO JOHN HATHORNE, DANIEL PEIRCE, JAMES CONVERSE, JAMES
COFFIN, EDWARD BRATTLE AND JOHN WHITE, THE COMMITTEE
THAT ACCOMPANIED THE GOVERNOR TO PEMAQUID.
Resolved — That there be Allowed and Paid out of the Publick
Treasury, to John Hathorn, Daniel Pierce, James Converse, James
Coffin Esqi? Cap? Edward Brattle, and m^ John White the Committee
that waited on His Excellency to Pemaqvid to each one of them, the
sum of four Pounds, over and above, what was Allowed them, for
their Expences by his Excellency and the Councill. [Approved No-
vember 11.
[2d Sess.] 'Province IjAws (liesolves elc.) . — 1702. 357
CHAPTER 57.
RESOLVE FOR ALLOWING AND PAYING ONE POUND AND FOURTEEN
SHILLINGS OUT OF THE PROVINCE TREASURY TO ALEXANDER
BOGLE FOR HIS SERVICES IN BUILDING A FORTIFICATION AT
WORCESTER UNDER THE GOVERNMENT OF SIR EDMUND ANDROS.
Resolved — That the Sum of one Pound and fourteen Shillings be
Allowed and Paid out of the Publick Treasury, to Alexander Bogle
for seventeen Dales Labour in Building a ffortifi cation at Worcester,
by order of authority in the time of the Government of S- Edmund
Androsse \_Approved November 11 .
CHAPTER 58.
RESOLVE FOR ALLOWING AND PAYING OUT OF THE PROVINCE
TREASURY THIRTY-FIVE POUNDS, EACH, TO THOMAS BRATTLE
AND TIMOTHY CLARKE FOR THEIR SERVICES IN MANAGING THE
EXPENDITURE OF THE MONEY GRANTED TOWARDS FORTIFYING
CASTLE ISLAND.
A PETITION of Thomas Brattle, Esq""-, and Capt. Timothy Clarke,
praying satisfaction for their service this year as a committee for the
ordering and directing the reparation and new maldng of fortifications
on Castle Island, and to manage the laying out of the money granted
for that use, being sent up from the representatives with the resolve of
that house thereupon, —
Resolved that there be thirty fine pounds allowed and paid to Each
of the petition" out of the Publick Treasury for theire seruice Done at
y^ Castle. [^Concurred in by the Council, and approved November 12.
CHAPTER 59.
RESOLVE FOR FIXING THE PAY OF THE OFFICERS OF THE GARRI-
SON AT CASTLE ISLAND.
Resolved — That the Sum. of fflfty Pounds be Allowed, and Paid
out of the Publick Treasury, to the Lieutenant of the Castle for the
Year currant, And Thirty Pounds to ISV Nathaniel Holmes, the pres-
ent Lieutenant of tlie Castle ; He Instructing in the Art of Gunnery
Such as Shall be Appointed to learn the Same.
That the Sum : of fforty and five Pounds be Allowed and Paid out
of the Publick Treasury to the Chaplain of the Castle for the present
Year. &
That the Sum. of fforty Pounds be Allowed and Paid out of the
Publick Treasury to the Gunner of the Castle for the present Y^eare.
{^Approved November 14.
358 Province Laws {Resolves etc.). — 1702. [Chaps. GO, 61.]
CHAPTEK 60.
ORDER FOR ENCOURAGING THE BUILDING OF A POWDER-HOUSE IN
BOSTON, AND FOR ESTABLISHING THE FEES TO BE RECEIVED FOR
THE STORAGE OF POWDER THERE, ETC.
The petition of several merchaats of the town of Boston, referring
to a magazine for gunpowder, was returned from the representatives
with their concurrence to the order pass'd yesterday by the board
thereupon, with several amendm'"-, w*- being read at the board and
agreed to, tlie said order is as follows ; viz*-, —
Ordered^ That if any number of the Pef' shall Erect a Powder
House in y** Town of Boston in such place, and of such materials
dimensions and form as shall be acceptable to the Governo- and Coun-
cil, and finish the same by the last day of June next, They shall re-
ceive for every barrel of Gunpowder there Lodged twelve pence at
Entrance, and Six pence ^ mouth for three months after the first and
then four pence ^ month during its Ijnng there. The Governour and
Council to give Rules and Orders from time to time as they shall
thinke fit for regulating the keeping thereof, so as it may be best pre-
served, to be turned at least once a month And all Powder Imported
and Landed in the Port of Boston that shall not be brought into the
said Store shall be liable to Confiscation, one halfe thereof to the
Informer, and the other halfe to the publick Store of the Province. Sav-
ing the Ordinary Town's Stock for the Town's of Boston and Charles-
town from time to time ; And the Quantity of Twenty pounds which
may be kept in a Shop for Sale, and the like quantity for Store or
Service. And the Petitioners if they see cause or in case of their
refusal, either the Governm- or any private Gentlemen within the space
of Six months next after the said last day of June may Erect another
Powder house on the same Terms and under the same Rules and
Orders of Regulation aboves'?
This Order to continue in force during the space of twenty one years
next comeing. [^Approved November 17.
CHAPTEK 61.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED POUNDS TO
JOSEPH DUDLEY FOR HIS SERVICES AS GOVERNOR, AND FOR
HOUSE-RENT FOR THE PRESENT YEAR.
In the House of Representatives. Novemf 13& 1702.
Resolved — That the Sum of Two Hundred Pounds be Allowed and
Paid out of the Publick Treasury to his Excellency Joseph Dudley
Esq? Cap5 Genl' and Governour in Chief of this Her majesty's Province,
for his Service as Governour, and for House Rent, for the present Year,
beginning from the time of His Excellency's Arrivall, over and above
the five Hundred Pounds that was Presented to his Excellency at the
last session of this Court.
Sent up for Concurrence. Jam^ Converse Speaker —
NovembL 14'^ 1702. In Council. Read, and sent down with
a message for reconsideration.
Novembr 18'>
[2d -Sess.] Viio\iJ!iCE LiAws (liesolves etc.). — 1702. 359
This Resolve haveing been sent down to the Representatives with
a message from the Board to move their reconsideration thereof. And
the Sum of Five hundred pounds therein mentioned being a Present to
his Kxcell-^ and not to be considered in this matter. And the Sum of
Two hundred pounds expressed to be for his P^xcellencies Service as
Governour being very much below the dignity of his Station and dis-
honorable to this Governm- The Representatives not seeing fit to
have reconsideration thereof. The Council desire his Excellencies
acceptance of tiie s'' sum of Two hundred pounds* at present ; In hopes
the Assembly will have further consideration of that matter in another
Session, and do that which is proper and honorable for the Govern-
ment. —
ISp Addington Secry.
[^Passed November 18.
CHAPTER 62.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED POUNDS TO
THOMAS POVEY FOR HIS SERVICES AS LIEUTENANT-GOVERNOR
AND COMMANDER OF THE CASTLE SINCE HIS ARRIVAL IN THIS
PROVINCE.
Resolved — That the Sum of Two Hundred Pounds be Allowed, and
Paid to the Honorable Thomas Povey Esqi- Lieutenant Governour of
this her Majesty's Province, as Lieutenant Governour, and Com-
mander of the Castle, for the present Year beginning at the Time of
his Honour's Arrivall. \_Approved November IS.
CHAPTER 63.
RESOLVE FOR ALLOWING FIFTY POUNDS TO ISAAC ADDINGTON,
SECRETARY OF THE PROVINCE, FOR HIS SERVICES FOR THE YEAR
ENDING DECEMBER, 1702.
Resolved That the Sum. of fifty Pounds be Allowed and Paid out of
the Publick Treasury to Isaac Addington Esq- Secretary of this her
Majesty's Province for his Service in the Said office, the Year currant
expiring in Decembr next. \_Approved November 18.
CHAPTER 64.
RESOLVE FOR ALLOWING FIFTY POUNDS PER ANNUM, EACH, TO
WAIT WINTHROP, ELISHA COOKE, SAMUEL SEWALL, JOHN WALLEY
AND JOHN SAFFIN, JUSTICES OF THE SUPERIOR COURT, ETC., FOR
THEIR SERVICES FROM DECEMBER, 1701, TO SEPTEMBER, 1702.
Resolved That there be Allowed and Paid out of the Publick Treas-
ury to the Honorable Wait Winthrop, Elisha Cooke, Samuel Sewall,
* Oil the fourth of December the Governor received from the treasury the amount
allowed by this resolve.
3gQ Province Laws {Resolves etc.) . — 1702. [Chaps. 65-67.]
John AYalley, and John Saffin Esq" to each of them after the Rate of
fifty Pounds ^ annum for their Service an Judges of the Superiour
Coui-t from the month of Decemf to the month of September last.
[Approved November 18.
CHAPTER Q5.
RESOLVE FOR GRANTING AN ADDITIONAL ALLOWANCE OF EIGHTEEN
POUNDS TO JOHN WHITE, CLERK OF THE HOUSE OF REPRESEN-
TATIVES, FOR HIS SERVICES FOR THIS YEAR.
Resolved^ That there be allowed and paid out of the public treasury
to M""- John White, clerk of the house of repi-esentatives, in considera-
tion of his service done and to be done in his said office this year till
the next election, the sum of eighteen pounds over and above what is
.already granted to him for this year. [^Approved November 18.
CHAPTER 66.
RESOLVE FOR ALLOWING AND PAYING OUT OF THE PROVINCE
TEASURY SIX POUNDS, EACH, TO JOHN PHILLIPS, PENN TOWNSEND,
NATHANIEL BYFIELD AND JOHN NELSON FOR THEIR SERVICES IN
NEGOTIATING A TREATY WITH THE EASTERN INDIANS IN THE
YEAR 170L
Resolved — That there be Allowed and Paid out of the Publick
Treasury to John Phillips, Penu Townsend, NathanV Byfield, and John
Nelson Esq'^ to each of them the sum. of Six Pounds, for their Service
in managing a Treaty with the Eastern Indians in the Year 1701.
being Sent by the Honorable the late Lieutenant Govern'' and Councill.
\_Approved November 18.
CHAPTER 67.
ORDER APPOINTING A COMMITTEE TO PREPARE THE DRAUGHT OF
AN ADDRESS TO THE QUEEN IN REFERENCE TO THE ERECTION
OF A FORT AT PEMAQUID, ETC.
In the House of Representatives Novem? 18'^' 1702.
Ordered — That Mf Thomas Oakes, Mf Nehemiah Jewett, Cap? Samuel
Checkley Mf William Denison, and Majf Jeremiah Swain be a Commit-
tee, to Join with a Comittee of the Board to Prepare, and lay before
this Court an humble Addresse and Memoriall to her Majesty, referring
to the Erecting a fort at Pemaqvid, and such other Things as they
shall Think proper at this time to be laid before her Majesty by this
Court.
Sent up for Concurrence., Jam? Converse Speaker, —
die X)rcBdict. In Council. Read and Concurred w'^ and the Secre-
tary. Nath? Thomas & Nath'' Byfield Esq":' appoint"? a committee of the
Board. ,
1st AuuiNGTON Secry.
[Passed Noiiember 18.
[2d Sess.] PiiOViNCE Laws {Eesolves elc). — 1702. 3(J1
CHAPTER 68.
ORDER AUTHORIZING THE LAYING OUT, TO THE USE OF THE HEIRS
OF HERBERT PELIIAM AND THOMAS WALGRAVE, EIGHT HUNDRED
ACRES OF LAND GRANTED TO SAID PELHAM AND WALGRAVE BY
THE GENERAL COURT IN THE YEAR 1648. [Approved November 18.
[^Printed with resolves^ orders^ etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 6 9.
RESOLVE AUTHORIZING THE COMMANDER-IN-CHIEF, ETC., TO TRANS-
PORT PART OF THE MILITIA INTO THE NEIGHBORING PROVINCES,
ETC., IN THE VACANCY OF THE GENERAL ASSEMBLY. [Approved
November 1 9.
\_Printed in the note to the act of March 16, 1699-1700.']
CHAPTER 70.
RESOLVE FOR FURTHER CONTINUING THE COMMITTEE APPOINTED
BY CHAPTER 29 OF THE RESOLVES OF THIS YEAR TO EXAMINE
THE ACCOUNTS OF JOHN USHER, LATE TREASURER OF NEW ENG-
LAND.
Resolved, That the committee appointed by this court at their last
session to examine the accompts of John Usher, Esq'"-, late treasurer,
and call for all former reports and papers relating thereto, and to re-
port their doings therein to the next session of this court, be revived
and further continued for the affair af ores'*-, to sit in the intermediate
time bet-wixt this and the next session, saving that Eliakim Hutchin-
son, Esq''-, be of the s"*- comittee in the room of Peter Sergeant, Esq""-,
at his desire to be dismist. \_Approved November 21.
CHAPTER 71.
RESOLVE FOR GRANTING TO THE HEIRS OF SIMON BRADSTREET
ONE THOUSAND ACRES OF LAND, IN FULL CONSIDERATION OF THE
ARREARS DUE HIM WHILE GOVERNOR, ETC. [Approved November 21.
\_Printed ivith resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.]
362 FiioviNGE Laws (Mesolves etc.). — 1702. [Chaps. 72-75.]
CHAPTER 72.
RESOLVE FOR ALLLOWING AND PAYING SAMUEL WILLARD AT THE
RATE OF SIXTY POUNDS PER ANNUM, FROM SEPTEMBER 6, 1701,
FOR HIS SERVICES AND EXTRAORDINARY EXPENSES AS VICE-
PRESIDENT OF HARVARD COLLEGE.
Resolved — That there be Allowed and Paid out of the Publick
Treasury unto the Reverend Mf Samuel Willard Vice-President of Har-
vard Colledge, after the Rate of fifty Pounds ^ annum from the 6^^
Doy of Septem^ in the Year 1701 . to this time for his service in the Said
Office, and after the Rate of Ten Pounds ^ Year, for his more than
ordinary Expence in his attending y! said service. [Approved Novem-
ber 21.
CHAPTER 73.
RESOLVE FOR ALLOWING AND PAYING FOUR POUNDS THREE SHIL-
LINGS AND FOURPENCE OUT OF THE PROVINCE TREASURY TO
NICHOLAS BOONE OF BOSTON, FOR ONE HUNDRED PRINTED COPIES
OF THE LAST ELECTION SERMON BY INCREASE MATHER.*
Resolved — That the sum of four Pounds three Shillings and four
pence, be Allowed and Paid out of the Publick Treasury unto Nicolas
Boone of Boston for one Hundred Books of the last Election sermons
of the Reverend Mf Increase Mather Which he Printed according to
order. [^Approved November 21.
CHAPTER 74.
VOTE ELECTING A COMMITTEE TO SIGN, ETC., BILLS OF CREDIT
EMITTED UNDER THE ACT OF NOVEMBER 21, 1702. {Approved Novem-
ber 21.
[^Printed in the note to the act of November 21^ 1702.']
CHAPTER 75.
RESOLVE FOR PAYING TWO POUNDS OUT OF THE PROVINCE TREAS-
URY TO HENRY FLYNT.t FIRST FELLOW OF HARVARD COLLEGE,
FOR HIS ATTENDANCE AS CHAPLAIN TO THE GOVERNOR AND GEN-
ERAL COURT DURING THE PRESENT SESSION.
Resolved, That the Sum of two pounds be paid out of the publick
Treasury unto m^ Henry Flint, the first Fellow of the Colledge for his
attendance as Chaplain to his Excellency Council & Representatives
during the present Session of the General Assembly [Ajyproved No-
vember 21.
* See note to 1701-2, chapter 107.
tSee note to chapter 42, ante.
ORDERS,
RESOLVES AND VOTE,
Passed 1702-3.
[363]
LEGISLATIVE LIST
FOR
1702-3
Note. — The councillors and permanent officers continued throughout the year.
See head-note to legislative list, 1693-4.
REPRESENTATIVES or DEPUTIES.
March 10, 1702-3 to March 27, 1703.
JAMES CONVERSE, Esq., Speaker.
Boston,
Roxbury,
Dorchester,
Milton,
Braintree,
Weymouth,
Hinghain,
Dedham,
Wrentham,
Medfield,
Mendon,
Woodstock,
County of Suffolk.
Capt. Samuel Legg, Esq.,f
Capt. Samuel Cheekley,
Thomas Oakes, Esq. 4
Capt. Ephraim Savage.
Mr. William Denison.
Mr. Hopestill Clap.
Mr. George Sumner.
Mr. John Baxter.
Capt. Stephen French.
Lieut. Theophilus Cushing.
Capt. Daniel Fisher.
Mr. Samuel 'Fisher, jun §
Mr. John Thurston.
Capt. Josiah Chapin.
Mr. Philip Eastman.
County of Essex.
Salem, Mr. Josiah Wolcott,
Capt. Samuel Gardner.
Lynn, Lieut. John Pearson. ||
Marblehead, Mr. Richard Trevet.^
Beverly, Mr. Isaac Woodbery.**
Wenham, Sergeant Thomas Patch. ft
Ipswich, Mr. Nehemiah Jewett,
Mr. Nathaniel Knoulton.J|
Rowley, Capt. Joseph Boynton.
Newbury, Capt. Stephen Greenlef.§§
Salisbury, Mr. Isaac Moriil.j|||
Amesbury, Mr. John Kimball, sen.^^^
Bradford, Capt. David Ilaseltine.***
Haverhill, Lieut. John White.
Andover, Capt. James Fricfft
* The General Court convened in May was dissolved by proclamation, Jan. 29, 1702-3. Writs were
afterwards issued for a new Assembly which met at Boston on the tenth of March, and continued in session
until the twenty -seventh, when it was dissolved.
t " Captain," in the Secretary's list, but " Esquire," in the to^vn records
+ " Mr.," in the Secretary's list, but " Okes, Esquire," in the town records.
\ " Junior," in the town records.
II " Pierson," in the Secretary's list, " Person," in the town records.
H " Trevett," in the -Secretary's list. «
** " Woodbury," in the Secretary's list.
ft " Sergeant," in the town records, but <' Mr.," in the Secretary's list.
++ " Knoltnn," in the Secretary's list.
^^ " Greenlcaf," in the Secretary's list.
III! " Morrell," in the Secretary's list, " Morrill," in the town records.
HH According to the town records, and the Secretary's list, but he does not appear to have subscribed
the qualifying oaths.
*** ♦' Hazeltine," in the Secretary's list.
ttt " Frye," in the Secretary's list.
[365]
366 Froyince JjAws (Besolves, etc.). — 1702-3. [Representatives.]
County of Essex — Concluded.
Topsfield, Capt. John Gould.*
Gloucester, Capt. James Davis.
Boxford, Mr. William Foster.
CouNTT OF Hampshire.
Springfield,
Northamiiton,
Hatfield,
Hudley,
Westfield,
Lieut. John Hitchcock.f
Mr. John Clarke.
Mr. Eleazer Frary.f
Mr. Thomas Hovey.
Capt. Isaac Phelps.
County of Plymouth.
Plymouth,. Capt. James Warren, Esq.§
Scituate, Mr. Thomas King.
Buxhurxj, INIr. Edward Southworth.||
Marshfield, Capt. Nathaniel Winslow.^
Bridgewater, Mr. Edward Fobes.
County of Barnstable.
Barnstable,
Sandwich,
Tarmotith,
Eastham,
Lt.-Col. Jolm Goi-eham.
Maj. William Bassett.**
Mr. Thomas Sturgis.
Mr. John Doane.
County of Bristol.
Bristol, Mr. Nathaniel Blagrove.
RehobQth, Mr. Stephen Paine.
Taunton, Mr Benjamin Crane.
County of Bristol — Concltided.
Swanzey, Mr. Ephraim Pirce.f f
Little Compton, Mr. John Palmer.JJ
Island of Nantucket.
Mr. William Gayer.
County of Middlesex.
Charlestown,
Cambridge,
Water town,
Sudbury,
Marlborough,
Maiden,
Newton,
Billerica,
'Woburn,
Medford,
Sherburne,
Concord,
Chelmsford,
Reading,
Framingham,
Samuel Hayman, Esq.,§§
Capt. Samuel Phipps.||||
Mr. Thomas Oliver.
Mr. Simon Stone,
Mi\ Joseph Sherman. T[T[
Mr. John Balcom.***
Capt. Henry Kerley.f ff
Mr. Edward Sprague.
Mr. James Trowbridge.JJt
Mr. James Frost.
Maj. James Converse, Esq.§§§
Lieut. Thomas Willis.
Mr. ThomasSawin.il II II
INIr. Simon Davis,
Mr. Nathaniel Billings.^tt
Mr. Nathaniel Hill.
Maj. Jeremiah Sweyne.
Mr. John Haven.
Kittery,
County of York.
Mr. Samuel Winkley.
JOHN WHITE, Clerk.
JAMES MAXWELL, Doorkeeper to the Governor and General Court.
*" Gold," in the Secretary's list.' ^
t '« Lieutenant," in the town records, but " Mr.," in the Secretary's list. »
+ " Frarey," in the Secretary's list.
§ " Captain," in the town records, " Esquire," in the Secretary's list.
II <' Southward," in the Secretary's list.
. H At a town meeting held at Marshfield, Feb. 22, Mr. Samuel Sprague was chosen representative, but
refused to serve, whereupon Mr. Ephraim Little was chosen, but he refusing, Captain Nathaniel Winslow
was chosen on the eighth of March.
** •' Basset," in the Secretary's list.
t+ He subscribed the qualifying oaths, but his name is not in the Secretary's list.
XX He does not appear to have subscribed the qualifying oaths.
\^ " Heyman," in the town records, and in the Secretary's list.
nil " Captain," in the town records, but " .Mr ," in the Secretary's list.
ITU " Shearman," in the town records.
«** " Balcome," in the Secretary's list. •
ttt " Kearly," in the Secretary's list.
++*: "Trobridge," in the Secretary's list.
§^^§ " Major," and " Convern," in the town records, " Esquire," in the Secretary's list.
mill " Sawen," in the town records.
HHH Or, " Billing." As subscribed to the qualifying oath, it is doubtful.
ORDERS, RESOLVES AND VOTE
Passed at the Session begun and held at Boston,
ON the Tenth day of March, A.D. 1702-3.
CHAPTER 1.
ORDER APPOINTING A COMMITTEE TO CALL A MEETING OF THE PRO-
PRIETORS OF THE OUTWHARVES, IN BOSTON, TO CONSIDER PLANS
FOR RAISING AND MAINTAINING THEM, AND WHAT ACTION BY THE
GENERAL COURT IS NECESSARY TO ESTABLISH TOLLS OR DUTIES
ON VESSELS TO SUPPORT THE CHARGE THEREOF.
March. 1 1'^ 1 702. In Council — .
Elisha Cooke, Elisha Hutchiiisou, John Foster and Andrew Belcher
Esq" are nominated a Committee of the Board to joyne with such as
shall be named by the House of Representatives, to summon a Meeting
of the Proprietors of the out wharffes in Boston, and to consider of
JNEethods for the rayseing and Supporting of them And what may be
necessary to be done by this Court, in laying of such Toll and Duty's
on Vessells lying to or within the same as may Support the charge
thereof. And to Report the same. —
Sent down for Concurrance. Is* Addington Secry. —
In the House of Representatives
March 122} 1702. Read, and
Ordered — That Cap- Samuel Checkley. Cap- Ephraira Savage, Col?.
John Goreham, Cap- Stephen French ; and Cap- Samuel Phipps be a
Comittee to Join with the Comittee of the Board in the affair above-
mentioned. Jam^ Converse Speaker
[Passed March 12, 1702-3.
CHAPTER 2.
RESOLVE FOR ALLOWING AND PAYING THE ADDITIONAL SUM OF FIVE
HUNDRED POUNDS TOWARDS FORTIFYING CASTLE ISLAND.
Resolved — That the Sum of Five Hundred Pounds be Allowed, and
Paid out of the Publick Treasury, towards Fortifying Castle Island,
over and above what is already Granted for that End, ^hich Shall be
Improved in finishing those Works, that are most necessary to be
done, for the present Defence of the Same, particularly the Platforms
and Carnages to be done in the first place. [Passed March 13,
1702-3.
[367]
3Qg Province Laws {Resolves etc.). — 1702-3. [Chaps. 3-5.]
CHAPTER 3.
RESOLVE FOR PAYING EIGHTEEN POUNDS SEVEN SHILLINGS AND
THREEPENCE OUT OF THE PROVINCE TREASURY TO ANDREW
BELCEIER FOR KEEPING FRENCH PRISONERS.
An accompt of charges and expence by Andrew Belcher, Esq""-, for
keeping and subsisting French prisoners of warr, amounting to the sum
of eighteen pounds seven shilhngs and thi-eepence, allowed and passed
in the house of representatives to be paid out of the public treasury
and sent up for concurrance, was read and concurr'd with. \^Approved
March 15, 1702-3.
CHAPTER 4.
RESOLVE FOR ALLOWING AND PAYING THE ADDITIONAL SUM OF
THIRTY-FIVE POUNDS, EACH, TO THOMAS BRATTLE AND TIMOTHY
CLARKE FOR THEIR SERVICES IN MANAGING THE EXPENDITURE
OF THE MONEY GRANTED TOWARDS FORTIFYING CASTLE ISLAND,
ETC.
Resolved — That the Sum of Thirty and five Pounds be Allowed,
and Paid out of the Publick Treasury to Mf Thomas Brattle, and the
like sum. of Thirty and five Pounds to Cap^ Timothy Clark: over and
above what was Granted them the last session of this Court for their
service in hitherto Directing the laying out the money Granted for
fortifying Castle-Island, (there being thi'U Mistake so much lesse given
to them than was Intended.
And the Comittee for fortifying the Said Island is hereby Impow-
ered to Direct the Laying out the money further Granted this Session
for Fortifying the Said Island. For providing of workemen and Ma-
terials «&;C
And the Direction of the worke to be under Colonel Romer \_Ap-
proved March 16, 1702-3.
CHAPTER 5.
ORDER APPROVING THE GOVERNOR'S INTENTION TO MARCH ONE
HUNDRED MEN TO THE FRONTIERS AND PROMISING SUBSISTENCE
FOR SAID FORCE.
In the House of Representatives. March 16? 1702.
Ordered — That a Message be sent up to his Excellency the Gov-
ernour, that this House Tender him their Thanks, for his Care to Pre-
serve the Peace with the Eastern Indians, and that they think it highly
reasonable, that his Excellency Please to Put in Execution his Purpose
of marching an hundred men into the Frontiers and that this House
shall do their Duty towards their Subsistence.
That Samuel Legg Esqv Cap? Samuel Checkley. and Cap? Samuel
Gardner, carry up the above s"? message.
Jam- Converse Speaker : —
In Council. March. 16'^ 1702^ Read, and the Council declared their
Satisfaction there with — . ^^
Is^ Addington Secry
\_Passed March 16, 1702-3.
[1st Sess.] Province Laws (i?eso?ves e^c). — 1702-3. 369
CHAPTEE 6.
ORDER FOR APPORTIONING THE CHARGE OF BUILDING THE MEETING-
HOUSE ON THE WEST SIDE OF THE RIVER, IN SPRINGFIELD. [Ap-
proved March 1 7, 1 702-3.
{^Printed with resolves^ orders^ etc., relating to the establishment., etc.^
of towns, etc."]
CHAPTEE 7.
ORDER FORBIDDING FERRYMEN TO DEMAND OR TAKE PAYMENT FOR
TRANSPORTING SOLDIERS DURING THE PRESENT WAR, AND RE-
QUIRING THEM TO ATTEND AT THEIR FERRIES NIGHT AND DAY, TO
EXPEDITE MARCHES, ETC.
Ordered., That for the Transportation of Souldiers during the present
War, no Ferrymen in this Province presume to demand or take any
payment what soever. And that the said Ferrymen do carefully
attend night and day to Expidite their Marches, upon the danger of
being prosecuted as neglecting Her Maj'^^ Service and the Security of
this Province. — \^Approved March 18, 1702-3.
CHAPTEE 8.
RESOLVE POSTPONING fO THE SECOND WEDNESDAY OF THE NEXT
SESSION OF THE GENERAL COURT THE HEARING APPOINTED FOR
THIS SESSION ON THE PETITION OF SAMUEL GIBSON, HE TO NOTIFY
THE ADVERSE PARTY THEREOF.
A PETITION of Samuel Gibson praying that a day may be assigned
him to attend the hearing granted him to be at this session by the last
general assembly, was read and, —
Resolved, That the hearing of the said cause be referred to the
second Wednesday of the general assembly to be holden in May next,
and be then attended, the petitioner to notify the adverse party. \_Ap-
proved March 18, 1702-8.
CHAPTEE 9.
RESOLVE FOR PAYING FOR THE CURE OF ALL SOLDIERS WOUNDED
OR TAKEN SICK IN THE QUEEN'S SERVICE.
Resolved — That all Souldiers wounded, or Taken Sick, in Her Maj-
esties Service the Charge of their Cure, Shall be Paid by the Province.
[Approved March 19, 1702-3.
370 FrovincbIjaws (Hesolves etc.). — 1702-3. [Chaps. 10-12.]
CHAPTER 10.
RESOLVE APPOINTING A COMMITTEE TO CONSIDER THE PROPOSALS
OF WILLIAM CHALKHILL, OF LONDON, ONE OF THE QUEEN'S
MONEYERS, TO SUPPLY THE PROVINCE, FROM ENGLAND, WITH
SMALL MONEY OF COPPER TO THE VALUE OF TEN THOUSAND
POUNDS.
Proposals offered by William Cbalkhill, one of the moneyers of her
jjj.^jtie's. niint iu the tower of London, to furnish the province, from Eng-
land, with small money of copper to the value of ten thousand pounds,
sent up from the representatives, were read and, — ■
Resolved., That John Walley, Penn Towusend and Andi-ew Belcher,
Esq"-, be a committee of the board to joine with such as shall be
named by the house of representatives, to consider of the said pro-
posals and to make their report thereupon.
Which resolve being sent to that house for their concurrance was
returned agreed to, and M"'- Nehemiah Jewett, Capt. Samuel Checkley
and Capt. Samuel Phips named to be of the committee for that affair.
IPassed March 19, 1702-3.
CHAPTER 11.
VOTE FOR APPROPRIATING ONE HUNDRED ACRES OF LAND TO THE
USE OF THE MINISTRY IN THE TOWN OF SUFFIELD, ON CONDITION
THAT SAID TOWN GRANT, ETC., AN EQUAL QUANTITY OF LAND IN
FEE SIMPLE TO BENJAMIN RUGGLES, MINISTER OF SAID TOWN.
[Approved March 24, 1 702-3.
\^Printed loith resolves., orders., etc., relating to the establishment., etc.,
of toivns, efc]
CHAPTER 12.
RESOLVE FOR ALLOWING AND PAYING FOUR POUNDS OUT OF THE
PROVINCE TREASURY TO DANIEL SMITH, OF CHARLESTOWN, GUN-
SMITH, FOR FOUR MUSKETS AND FOR REPAIRING ARMS TO BE USED
IN THE KING'S SERVICE UNDER THE GOVERNMENT OF StR EDMUND
ANDROS, ETC.
A PETITION and an accompt therewith, presented by Daniel Smith of
Charlestown, gunsmith, for payment for four new muskets, and for
mending of several fire-armes for a detachment of soldiers against the
Indian enemy in the time of S""- Edmond Andros's government, was
sent up from the representatives with the resolve of that house thereon,
that the sum of four pounds be allowed and paid out of the public
treasury to the said Daniel Smith, besides what he can obtain of per-
sons for whom he mended armes, [^Concurred in by the Council, and
approved March 25, 1703.
[1st Sess.] Provinge JjAwa (liesolves etc.). — 1702-3. 371
CHAPTER 13.
RESOLVE THANKING THE COMMITTEE APPOINTED TO PRINT AND SIGN
THE BILLS OF CREDIT EMITTED UNDER THE ACT OF 1702, CHAPTER
8, AND FOR PAYING THEM NINETY -FIVE POUNDS THIRTEEN SHIL-
LINGS AND NINEPENCE OUT OF THE PROVINCE TREASURY FOR
DEFRAYING THEIR EXPENSES.
An accompt of disbursements, presented by James Russell, Esq'-,
etc., the committee appointed to imprint and sign the bills of creditt
on this province, according to an act of the general assembly, amount-
ing to the sura of ninety-live pounds thirteen shillings and ninepence,
w^as sent up from the representatives with the resolve of that house
thereupon, agreeing that the gentlemen receive the thanks of the court
for their faithfulness, care and prudence in managing that affair, and
that the sum of ninety-five pounds thirteen shillings and ninepence be
paid out of the public treasury to the gentlemen of the said committee
to defrey the charge of making bills of creditt according to their
accompt. \^Co7icurred in by the Council^ and approved March 27,
1703.
CHAPTER 14.
ORDER DIRECTING THE COMMITTEE APPOINTED TO SIGN, ETC., THE
BILLS OF CREDIT EMITTED UNDER THE ACT OF 1702, CHAPTER 8, TO
SIGN AND DELIVER TO THE TREASURER THE FIVE THOUSAND
POUNDS IN SAID BILLS REMAINING IN THEIR HANDS.
Whereas the great and general court of this province at their session
held at Cambridge on the fifteenth day of October last past, in and by
an act then made and passed, did order the imprinting of a certain
number of bills of credit on this province to the sum of ten thousand
pounds and no more ; and amongst other things in the said act con-
tained did nominate, direct and impower a certain committee to take
care and make provision for imprinting of the said bills, and to sign
and deliver the sum of five thousand pounds thereof and no more into
the hands of the treasurer and to keep the other five thousand pounds
unsigned in their own hands until further order from the court pursu-
ant to the aforesaid act, —
Ordered, That the said committee do proceed to sign the other five
thousand pounds of the said bills of credit imprinted and lying in their
hands and deliver them unto the treasurer, taking his receipt for the
same. The said bills to pass out of and into the treasury in all pub-
lick payments as the first five thousand pounds already emitted accord-
ing to the aforesaid act. [^Approved March 27, 1703.
372 Province Laws {Besolves etc.). — 1702-3. [Chaps. 15, 16.]
CHAPTER 15.
ORDER FOR DISMISSING TIMOTHY CLARKE FROM THE COMMITTEE
ON THE FORTIFICATIONS AT CASTLE ISLAND AND FOR GIVING
THE SOLE DIRECTION OF THE WORKS TO COLONEL ROMER; ALSO
FOR AUTHORIZING THOMAS BRATTLE TO CONTINUE TO PROVIDE
THE MATERIALS, ETC., THEREFOR*
A VOTE pass'd in the words following, viz. : The difference continu-
ing betwixt Coll. Romer, her majestie's engineer, and Cpt. Timothy
Clark, one of the committee for the fortifications on Castle Island,
notwithstanding endeavours used to take up the same, whereby the fur-
ther carrying on the works to be done there are obstructed, the
council are of advice that Coll. Eomer be encouraged to proceed in
those works and Cpt. Clark be dismiss'd, and that Thomas Brattle,
Esq''-, do continue to undertake the service for providing materials and
necessaries for the works. W^**- vote being sent down to the house of
represeut^^^- for concurrence was brought up again w*- the vote of that
house thereon in the words following, viz., —
Ordered, That although this house sees no just cause for dismissing
of Cpt. Clark, yet if his excellency and council see it necessary they
do consent that the works be carried on at the Castle by Coll. Romer
and Thomas Brattle. Esq""-, rather than the works should cease.
^Passed March 27, 1703.
CHAPTER 16.
RESOLVE FOR ALLOWING AND PAYING FIVE POUNDS OUT OF THE
PROVINCE TREASURY TO STEPHEN MINOT FOR FIREWOOD, ETC.,
FOR THE ACCOMMODATION OF THE GENERAL COURT DURING THE
PRESENT SESSION.
Resolved, That the sum of five pounds be allowed and paid out of
the publick treasury to M"- Stephen Minott for the trouble and charge
he has bin at in firewood, and otherwise, to accomodate this court in
their present session at his house. \_Approved March 27, 1703.
*That Clarke was dismissed in accordance witli the above vote, appears by the repre-
sentation of Brattle in his petition to the General Court, dated July 29, 1703. Brattle's
statement is corroborated by the fact that allowances to Clarke for continuing the work,
cease from this date until he was reinstated under the resolve of 1703-4, chapter 111, post.
No record of the removal of Clarke, or of limiting Brattle's duties has been discovered
other than what is contained in the above order.
NOTES.
[373]
NOTES* TO THE RESOLYES, ETC.
1692-3.
Chap. 1. This cliaptci' is from arcliivcs, vol. 11, p. 62. This proclamation, which
originated in the House, was ordered ljy the Governor and Council to be printed.
Chap. 3. This chapter is from archives, vol. 100, p. 398. It is recorded in council
records, vol. VI., p. 236.
Chap. 4. This chapter is from archives, vol. 100, p. 400. It is recorded in council
records, vol. VI., p. 237.
The committee reappointed by this order was first appointed by the provisional govern-
ment. May 26, 1691. The following is the record of their appointment and of their doings
before the arrival of the province charter : —
"May 26, 1691. Ordered That the Bills of Public Crcditt already given, and to be
given out for adjusting Country debts shall not exceed the Suin of tforty thousand pounds
which is Supposed will amoimt to the full of what the Country is indebted and will
probably he Called in again by the rates already granted, and that M"' John Foster, Capt
•loseph Lynde, and Capt Samuel lluggles be, and are hereby appointed a Committee to
call in, and take into safe custody the Plates which the Bills were printed off with, and to
examine what Bills are still resting in the Committees hands not given forth, also
to examine what Sum in the Said Bills are already drawn into the Treasmy, and to
direct that the Country have Creditt in the Treasurers Book, for that Suin, and so to dis-
pose of, and Secure those Bills, as there may be no Danger of their Coming forth again
into any private hands." — Council Records, vol. VI., p. ISit.
" Oct. 21, 1691. The Committee appointed to receive the bills of publick Credit that are
brought into the Treasurers hands on accompt of the publick assessments returning an
accompt thereof amounting to the Sum of Ten thousand One hundred, and nineteen
pounds nine shillings without advance, for which they have passed their receipt to the
Treasurer, and the Bills to that value being brought in, and Burned by Order of Court,
this Court do discharge the Said Committee from the Same." — Ibid., p. 201.
Chap. 5. This chapter is from archives, vol. 48, p. 200.
Chap. 6. This chapter is from archives, vol. 88, p. 388. It is recorded in council
records, vol. VI., p. 238.
Chap. 7. This chapter is from council records, vol. VI., p. 265.
No action has been discovered on the petition mentioned in the following entry : —
" March 10, 1692. The Petition of Nathaniel Byfield and John Mico, in favour of
Jeremiah Tay Commander of the Ship Walter and Thomas for I,ondon, now under Con-
finement on board their Majesties ship the Nonesuch, was read at the Board, and the
Council desu-ed his Ex<^y to take the same into consideration." — Council Records, vol.
VI., p. 274.
Chap. 8. This chapter is from council records, vol. VI., p. 271.
The sermon which was preached May 31, 1693, was printed under the title, "The Great
Blessing of Primitive Counsellours." This, of course, was the first election sermon,
although the Rev. Cotton Mather preached a sermon before the General Court when it
first assembled under the province charter, June 8, 1692. See note to private act, vol. VI.,
number 16.
Chap. 9. This chapter is from council records, vol. VI., page 273. It is not preserved
in the archives.
Chap. 10. This chapter is from archives, vol. 48, p. 210. It is recorded in council
records, vol. VI., p. 275.
Chap. 12. This chapter is from archives, vol. 100, p. 429. It is recorded in council
records, vol. VI., p. 277.
* The records of the Council referred to in the extracts given in these notes are commonly
known as the General Court Records, and the series used is that in the office of the Secretary
of the Commonwealth.
[375]
376 Province Laws (i?esoZyes e^c). — 1693. [Notes.]
1693.
Chap. 1. This chapter is from council records, vol. VI., p. 283. See notes to resolves,
1692-3, chapter 8.
Chap. 2. This chapter is from archives, vol. 113, p. 3. It is recorded in council rec-
ords, vol. VI., p. 288.
The following is the petition upon which the order was founded : —
"To his excellency the gouernour and Counsell and genarall Assembly of the repre-
sentatiues Convened togather the 31"i of this Instant may 1693 The humbl petition of the
selectmen and Comissionrof the Town of glocester in behalf of said Town humbly sheweth
that wheras in the first asesment by reason that the selectmen and Comisionr for the Town
for the year 1692 ouer valluing the Estats of the Inhabetants and Lands of the Town accord-
ing to the quarter parte of the yearly Income wee far Exceeded our proportion with other
places ^vithin the province but hoping there would haue been no accation to haue raised
any more money vpon that Tax Considering the Straits of the Country wee Should haue
been willing to haue paid it Chearfully but hauing vndarstood that there is more raised
vpon that Tax and that there were persons appointed by the generall Courte for to regu-
late each Towns asesment with the selectmen and Comisionr of each Town wee hoped to
haue had our proportion Equally stated with other Towns but by reason of the Extremity
of the weather and lines of one of the County Comisionr^ They did not Come to our
Town att the time appointed and hauing appointed another time with our deputy being
our Town Comissionr att boston to meet with them att Ipsmch he hurt his Lege att boston
and did not Come home to his own hous till the tim was past that was appointed by these
providances falling out wee had not Comon benifit with the rest of the Towns within the
province for our first return to the shear Town being one hundi-ed and fifteen pounds
seven shillings and six penc being the rule the Committy acted by att boston being Indeed
far aboue our proportion according to other Towns to that Tax that being doubled vpon
■wee are sorely opprest hauing been sence with the Comissioners of the County and haue
Carried a True List of all heads Lands and ratabl Estats and they Cast it vp according as
other Towns was Cast vp to the whole Tax and found the summe to be 68*^11=^-0 so that
our whoU proportion to the three to make vp the Thierty thousand pounds would haue
been but 225'*-15-0 but according to the honoured Tresurcs warrants they would amount
to 396"-17-4 and hauing Levied the first asesment vpon the Ihabetants which was
115"-7*-6'i our second part would haue been but 68"= 11-0 and our third parte would haue
been 41-16-0 according to the aCompt of the County Comissioners Therefore in this
Case yours humbly beg and beseech your honours for releife in this our sore distres and
beging so much fauour from your honours hands that the honoured Treasurer may be
ordared but to send for the proportions which is yett behind as they ought to haue been
setled which are now returned undar the hands of the Comissioners oif the County wee
being so poore wee Cannot tell which way to pay the Lesser much more the greater
Liueing in a rocky place and but Litle tillage Land belonging to the Town yet notwith-
standing wee are willing to the utmost to doe our proportion with the rest of the Neigh-
bourhoode in the province so far as wee are able
And so Commiting your honours and all your great affairs to the protection of allmighty
god wee rest your humbl servants to Command
Glocester may : 29y> 1693 James Davis seneii "1
William Stevens I Select
Joseph Allin J men
TnOMAS RlGGS senb J
William Sakgant se^ Commis'
Read in Council and sent down." — Mass. Archives, vol. 11,3, p. 2.
This order passed the House on the ninth of June, and on the fourteenth the Council
passed it in concurrence and it was then consented to and signed by the Governor.
Chap. 4. This chapter is from council records, vol. VI., p. 291, and archives, vol. 100,
p. 442.
On the sixteenth of May, 1692, Phips issued his proclamation for the continuance in
office of all officers, civil and military, until further order. John Phillips who had been
treasurer and receiver-general of the colony of Massachusetts Bay thus held over until
June 9th, when he was " nominated, and appointed by the whole assembly, treasurer, and
receiver-general, of their majesties' revenue " within the province, " for one year ensuing."
He was succeeded by James Taylor, as appears by the following entries under the dates
affixed to them, respectively : —
" June 3, 1693. The Councill, and Representatives by his Excellency's direction pro-
ceeded to the Choice of a Treasurer for the Province for the Year ensuing, and presented
Mf James Taylor, who had the Major Vote for Treasurer." — Council Records, vol. VI.,
p. 282.
" June 7, 1693. M"- James Taylor being chosen by the General Assembly to be Treas-
urer of this Province for the Year ensuing, is accepted and approved of accordingly." —
Ibid., p. 284.
The vote upon adopting the form of oath is as follows : —
" June 17^ 1693./ Voted and consented to by the house of Representatives
William Bond Speaker
die predict Voted in Councill and past in the Affirmative &
Consented unto Isi Addington Secfy.
William Phips." — Mass.
Archives, vol. 100, p. 442.
[Notes.] Province Laws {Resolves etc). — 1693. 377
Chap. 5. This chapter is from archives, vol. 113, p. 12. It is recorded in coudcU
records, vol. VI., p. 291.
The petition upon which this order was based is as follows : —
" To his Excellency S"" William Phips Kn' Cap" Genr.ii and Governo"" in Chiefo of their
Majties province of the Massachusetts Bay in New EngK and the IIon'''» Council and
Hon^« House of Representatives for the same now Assembled in Generall Court att
Boston
The iruiiiMe Petition of John Gardner In behalf of the Inhabitants of Nantuckett —
Humbly sheweth
That Whereas yo'' petitio'" made a List of the pols and Estates of the Inhabitants
aforcs'', and by order of the Select men of s'' place pursuant to the Tax granted their
Majt'j^ for mainetcnanco of the warr against the IFrench and Indian Enemies, And then
p'sented the same according to the One ffourth part of One Yeares Revenue, butt there
being no just rule then Given for the valueing of all Estates, as is Since Ordered And
Yo"" petitio'' out of a zeale To goo to the then utmost value, did greately over value the
Estates according to the Rule since agreed on, and Yo"' petitio'' being ordered to goo to the
Vineyard pursuant to the obtaineing their List, and Sending A Second List of our owne
according to the proportion then ordered by the Court, and their Noncomplyance
Together with bad weather occasioned the Elapse of Time for the Sending a Second List,
upon which this hon'^'i Court saw good to doome us by the first list att three hundred
pound w^i' is much over our proporcon, as by our present list may appeare. All which
yo'' petitio'' do pray this hon'^'<= Courts Serious Consideracon & amendment whose dosigne
is I believe to doe right and wee willing to pay our ffull proporcon which I leave to yo'
hono^ Wisdome in w^'' wee shall rest satisfied.
And as in duty bound shall ever pray —
John Gardner in behalf as aforesd." — Mass.
Archives, vol. 113, p. 12.
It passed in the House June 17fh, and in the Council June 26, 1693, when it was con-
sented to and signed by the Governor.*
Gardner presented another petition addressed to the Governor and Council, which was
read at the Board July 15, 1693, but on which no further action appears to have been
taken. It is as follows : —
" To his Excellency S' William Phipps Knight Cap" Generall and Governo'' in cheife of
their Maj^^ Province of the Massachusetts Bay in New England & hon""^ council thereof
The Petition of John Gardner of Nantuckett —
Humbly Sheweth
That Whereas Governo"" fHetcher, did in the yeare Ninety two. Send a Letter and mes-
sengers to our Island requireing our obedience to him or that Governm', w^i* obliged us
forthwith to Send a Sloope with a messenger to his Excellency and Council for their
further order in that behalf. The Charge of which came to Nine pounds Five shillings
well ygr petitio'" prayes he may have an order to the Treasurer for. Farth'" yo'" petition''
was ordered to goo to the Vineyard in order to obtaine a list of their pols and Estates but
could obtaine nought but with the expence of Tenn dayes Time, w<=i' yo"" petitio'" prayes
yo"" hono""* Consideracon of, and w^'' cost him not less then Thirty shillings, and hopes it
will not be thought titt for him to beare it, for om* Island say They had no benefitt
thereby, and therefore not right for them, which I leave to yo'' honors "Wisdom. Further
o"" people humbly beggs yo"" ExcelU'J'^ and Council's serious consideracon. That Whereiis
our Island lyes out att Such a distance and Lyable to all Incursions, and are att Extraor-
dinary Charge for their Defence, the last yeare Two Guns cost fifteene pounds and before,
and still must be att great charge as a fi-onteer. All w^i^ wee Leave to yo'" Excell<^J"8 and
Councills Serious consideracon and Wisdom, to make us some allowance out of our Tax
as may be thought Just
And Yo"" petitio"" as in duty bound shall ever pray —
John Gardner." — Ibid.,
vol. 100, p. 449.
Chap. 7. This chapter is from council records, vol. VI., p. 294. It is not preserved in
the archives. See notes to resolves, 1694-5, chapter l7.
Immediately upon his arrival as governor, Phips took measures to defend the province
from invasion by the French and Indian enemy, who, encouraged by the failure of the
hostile expedition from New England against Quebec in 1690, were renewing their incur-
sions upon the outlying settlements of Massachusetts. In the summer of 1692, in pursu-
ance of instructions from the Privy Council, and under the protection of a force of four
hundred and fifty men from Boston, he rebuilt and greatly strengthened the fort which
Andros had erected at Pemaquid. At the same time Major Church, next in command
under Phips, led a detachment of this force on a fruitless expedition against the Indian
enemy as far east as the Penobscot. Even these demonstrations did not prevent the
enemy from renewing their depredations ; and it was not until the following year, after
Major Converse, at the head of a force of five hundred men, had scoured the eastern
country from the Piscataqua to the Kennebec, and) on his return, had constructed a stone
fort at Saco Falls, that the enemy made overtures for peace, and finally agreed to a cessa-
tion of arms. This was done at the fort at Pemaquid then under the command of Captain
John March, to whom the enemy then surrendered some of thiir English captives. The
particulars of this truce were duly communicated to the Council Ijy the Governor, as
appears by the following entry : —
"July 7, 1693. His Ex"^? acquainted the Council that he had received a Letter from
Cap" March Commander of their Maj*'<=^ fort at Pemequid, that Edgeremet an Indian
Sachem had lately come thither with a flagg of Truce, and proposed there might be a
Cessation of armes, and promised to return in a weeks time, with some other Sachems
farther to discourse that matter." — Council Records, vol. VI., p. 293.
* By the province treasurer's account it appears that this amount was abated. — Mass. Archives,
vol. 122, p. 86.
378 PiiOviNCE Laws {Besolves etc.). — 1693. [Notes.]
A treaty of peace soon followed. "While preparations were making for the military
expedition under Major Converse, tidings were received from New York of a descent of
the enemy fi'om Canada upon the Indian allies of the English, along the Hudson. The
Governor of New France, having failed to effect a treaty of peace with the Five Nations,
set out fi-om Montreal June 25,* 1693, at the head of an army of six or seven hundred
French and Indian?, to attack the Mohawks or Maquas — the tribe most dreaded by the
New-England Indian allies of the French. He passed Schenectady on the sixth of Feb-
ruary, and captured, at the first castle of the Mohawks, five men and eight women and
children. The second castle was also easily captui'ed. At the third, however, the
Mohawks were found engaged in a war dance preparatory to some warlike excursion, and
a conflict ensued in which the French lost about thirty men. To resist this invasion
Colonel Schujier promptly collected a force of between two and three hundred men, and on
the fifteenth he was joined by about three hundred Indians, but he prudently postponed
an advance upon the enemy until he could receive a reunforcement and supplies from
Albany. Sku-mishes began before the supplies reached him, which was too late to prevent
the escape of the enemy. By the twentieth, pursuit of the enemy was abandoned, after
the latter had lost eighty killed and captured and above thirty wounded. Three hundred
friendly Indians were taken prisoners by the enemy, and Schuyler lost eight men, whites
and Indians, killed, and twelve wounded. Governor Fletcher was promptly notified of
the approach of the enemy, and as promptly responded. Fortunately, the river was open,
and he succeeded in reaching Schenectady on the seventeenth with three hundi-ed volun-
teers, having embarked his force at New York within two days after receiving notice of
the invasion. After the retreat of the enemy, Fletcher despatched a messenger to carry
the news of the invasion to Massachusetts.f
By virtue of his authority over the militia of Connecticut, Phips made a requisition upon
the Governor and council of that colony for what he deemed a proper quota of men for
the eastern expedition, and also for a proportionate detachment to aid in repelling any
attack upon Deerfield, which was peculiarly in danger. The following is the letter from
Phips communicating this requisition : —
"Honbie Gent-
I have this day Rec'i a Letter signed by Three new York Gentlemen forwarded by Coll :
pincheon, w^'' gives an Ace" of their news concerning y« Attack ye ffronch & ffrench
Indians have made vpon the maquaes but have reason to think j' stay will be short in
those parts & Gov flletcher^ preparations for Albany hope will secure y' post & be an
encouragement to the fl'reind Indians wee have reason to expect an Attack from the enemy
in our eastern parts w >' wee are in some measiu-e provided to withstand by our Garrison
souldiers posted at divers places And have been Kept in pay the whole year at our great
charg,
I Judg it necessary y' y be some souldiers detached & sent to secure Dearfeild & have
left it to Coll : pincheon &c who are writt to & instructed to waitt on & Treat with your
selves in y' matter, as allsoe refering to an expedition yt is iudged necessary to be made
to the Eastward with all speed to give a check to the enemy & in perticuler to prevent
their planting & ffishing this spring w<;'> besides y^ 4 or 500 men wee have in sev gar-
I'isons, Beleive should be raised 4 or 500 more able Brisk men for a fflying army, And
Doe therefore for this their majesties service desire % expect yt you would not fail, but be
assisting to vs therein If there were no obligation lay vpon .you w"> respect to their majes-
ties Royal Comission to my selfe, yet hope you will not be soe vnmindfull of your old
neighbours & fellow subiects as not to be willing to give your help you being sensible how
vnsupportablo the charg of this warr is to vs ;
This Army for ye end afores'' desire & shall endeavour may be ready to advance from
hence by the Latter end of march at the farthest. Therefore flTail not of sending 100 Eng-
lish & 50 Indians theiro sutable men to be ready hei'e at the time for j« design proposed,
They shall not be Kept long out, Lett me Know the persons 5^ou thinke sutable for officers
shall give them Coiiiissions" for this service, ffor provisions &c hope j'ou will take care, w^''
if you cannot doe in season wee will provide you makeing good the value vvee shall
advance in money or provision to vs again Expecting your speedy answer and ready com-
pliance with this reasonable demand, wishing you all happiness I am
Boston Febry 24t.h 1692/3 Gent~ Yof Loving Friend
AV Phips
Govf & Council of Connecticott." — Mass. Archives, vol. 2, p. 212.
Before a reply to this letter had reached Boston, Major John Pynchon, who, with
Captain Aaron Cooke, had been appointed a commissioner to convey the Governor's
requisition to Connecticut and to arrange the details of the Connecticut quota, made the
following report to the Govenior : —
" May it Please yo"' Excellency
Yoi's ^''ye Post, Reed, ordering ine, w'l' Cap' Cooke to waite vpon the Gent at Hartford,
& vrge y contents of yo"^' to their Govr & council, referring to y" expedition to ye east-
ward, & for securing IDearefeild. according to yo'' Excellencys command I spedyly
* Golden (History of the Five Nations), aud tSmitli fEfistory of New York), after him, say the
fifteenth ; but Charlevoix gives the above more inobable date. The difference may, however, be
accounted for by Rupposing Charlevoix to h;iveii«ed the New Style calendar.
t " Feb. 24, 1692-3. His Excellency laid before the Council a Letter received yesterday by Post
from New Yorke, under cover from Major Pyncheon, giving intelligence of the French & Indian
Enemy being come over the Lake, and haveing posses't themselves of two Castles of the
Mohawks.
Ordered. That M£ Treasurer pay unto Major .John Pyncheon the sura of Three Pounds, Ten
shillings, advanced by him for the payment of Posts dispatched for their Majtiea service on the
publick occasion; and do likewise pay Josia Beamout now come Post from Spring field with
Intelligence of the French and Indians being come over the lake and falling upon the Maqua'a
William Phips." —ifxec-
utive Records of the Council, vol. 2, p. 226.
t Sic.
[Notes.] Puovince h aws (Resolves etc.). — 1693. 379
addrossed my selfe to observance thereof, & ready attendance of sd service : for vnder-
standing y-' Gov of Conecticot (y' had Just before bene at Hartford) was gon hom to
Milford; to expedite y» affaire, I p'sently yp 27'h day of Febr" being y« day I Ilecd yo'
Excelloncys coniands, sent Post to IIartford,'givin^ Colon" Allyn an acco' of y^' busyness,
& of my Intent (as soono as it was Possible for thou- Gov & Gent" to be together) to waite
vpoii them on thirsday March y? 2'', knowing their Gov could not haue notice ^ reach
Ilartford sooner, also same day sent to Hadly to Cap' Cooke to be w"' me in order to o'
Joint attendance of y" service, when we went to Harford, where wo were before their
Goyf gat tliethcr, though in y evening ho came, when Immediatly I p^sented him w"' yo'
Excl~ letter, who appointed vs, y next morning to discourse y" busyness: accordingly
we waited vpon them, & vrgcd y*-' contents thereoff by. 4. or. 5. several cnforceing argum'»
(as wo deemed) winding vp al (besides y reasonableness of y" demand) w"' y necessity
of their comiilyanco, w"' respect to y'selves, in regard of y kings commission, for S'
W'" Phips, his commanding y Militia of Conecticot w-'' spake to loud to admit of delay
or any Hessitancy in y" matter and I Pceive it had its opperation vpon some of y" several
Gent~ there for y« Gov had called y Genrt Court, w-^' made o'' attendance y Longer,
even .6, days we waited to gaine an answer to yo'' Excellencys letter, & w' we had accord-
ing to Instructions V posed as to y" affaire, when at last they came to this Result, That
they would send Two Gent'' of their owne to Boston to waite on yo"" Excer By whom these
lines come, who wil (at least I desire they may) give yo"" Excellency & Council sattisfac-
tion They being more willing to Raise Money to beare their ^portion of y charge of fhis
easterne expedition. Then to send men so far ; But as for Dearefeild, (concerning w'' we
moved in y last place, y' it might be noe clog to y easterne designs or stop of their Join-
ing to make vp so necessary a flying army :) They readyly granted men for securing That
Post : .40. or 50. men to garrison y^ vpper Townes wiien they should be called for, &
.150. men more in readyness to March vppon notice of need of them w^'' in regard y"= French
y' assaulted y Maqvas Forts are returned hom, & Pbably the spring or winter now
breaking vp at Canida, wil not allow y" to stir againe til about May : I Did not Insist to
haue y" Presently Post away their men to Dearefeild : Also because though Conecticot
wil furnish w"' y^ men & be at y-' charge of their wages, yet wil not of their Dyet (as they
say) w^'' Dearefeild I doubt cannot furnish y"> w"' their corne last yeare being destroyed
by y8 wormes &c Provissions wil not be had w"'out sending it fro" y" next Townes
though Possibly some meate or few barrels of Porke w^'' are scarce may be in Dearefeild,
yet they belong to l^ticular Psons who wil Quickly Transport y'>» away (w"'out yo"'
Excei- order for stopping y" w''> I conceive necessary) & then Pvissions wil be wanting
for soldiers Posted thetlier Now is y season to secure meate there & p-'vent charge after-
ward, & It wil be more easy bee: mens Rates there may be apointed to pay y owners of
such Porke (If any be) pvided yo>' Excet give orders, w^'' I only suggest: I feare I am to
tedious & not being willing to offend yo'' Excellency slial forbaare further Pticularizing
being assured yo^' wil fro" Hartford Gent" Have al y' is needful for me to add. As also
an acco' concerning y French y' came to y Maqvas Forts, who are returned w"> their
Indians (among whom were 30. easterne Indians) Having lost. 25. french & their Indians,
y' were killed by Major Schuylers men & although ye French marched off w"' 250 Maqvas
yet they are al recovered, & got hom only y' y Maqvas haue their forts & wigwams burnt
Downe. Please to let me vnderstand whether yo" would have me hasten y Posting those
soldiers fro" Conecticot to Dearefeild & how they shal be Pvided for, I wil Indeavor
exactly to attend order in hastning y™ for I am in Paine least my good husbandry in
delaying y> (to ease y countrys charge) should I've of any dangerous conseqvence, w<='>
1 shal be ready to Rec : check for, & to make amendm' by hastning y™ vpon y least
Intimation : Purpose next weeke to visit Dearfeild to Incourage y'" & vnderstand their
state when shal further consider w' may be necessary & forward vigorous & careful
scouting.
Yo'' Excel- caution & direction as to y« readyness of y Militia in this regim' I accept
w"' greate thankfulness & al due acknowledgm' of cai-e for o'' p''servation. Have bene, &
am in attendance therevnto & shal Pceed according to my vtmost Indeavors, a greate
want w"' vs & y' w^'' disheartens some soldiers is y scantness of Powder
If yo'' Excellency would Please to send. 2 or. 3. barrels of Good Gun Powder & some
Ijal {w^' I would indeavor to secure p'serve & husband to advantage) it would qvicken &
enliven some soldiers sp"* craving yo"' Pardon, w"' y tender and ■■pstrating of al humble
service, I am Yo"" Excellencys
Springfeild Faithfull servant
March. 8th. 1692/93. John Pynchon
For their Ma''''^ Service
To his Excellency S'' W'" Phips Kn< Cap' General & Gov in cheife in & over their
]yia,ties Province of y^ Massachusetts Bay : in Boston :•/
To be forwarded by y constables of Brookefeild, Marlborow &c: for their Ma'^''^ Ser-
vice." — Ibid., vol. 51, p. 17.
The response of the governor and council of Connecticut to Phips's requisition was
communicated in person by the messengers referred to in the above letter. It ran as
follows : —
" Whereas his Excelency Sl W!]} Phipps was pleased to acquaint the Gouernf & coun-
cill of The Colony of Conecticutt, of his designe in Sending fiue hundred men to the
Eastward to disrest the Indians & prevent their fishing & planting their. Like wise of
some men to garison the fronteirs in the County of Hampsheir upon Conecticott riuer,
the Gouernr & Genj' court haue considered the same, and impowered us whose names
are under writen, to informe his Excelency & councill that they haue agreed to send forty
or fifty men to Garrison in Hampsheir as their shall be need, & one hundred & fifty more
upon any Exigency
And also that they will advance four hundred pound in provision pay as it rises in our
rate the next year to be paid in that Colony to his Excelencys order In case the sd designe
be prosecuted'/ Which we hope Gent" will be accepted as an Etiedent demonstration of
380 Province Laws {Resolves etc.). — 1693. [Notes.]
our readiness to defend thire MajHs Intrest to Comply w'-i^his Excelencyes desire and for
the securing our Bretheren & fellow subjects*/
Boston, March 15* 1692/3 Nathll Staxlt
Will \YziiTmQ." — Ibid.,vol. 2,p. 213.
The Governor resented this tender of the government of Connecticut, as being less than
that colony was bound to contribute. The following is his answer : —
"Gent.*
Capne Stanley and Capne Whiting two Gent^ from yo' selves have attended here, refer-
ring to my demand of assistance of men and money from jq\ Colony for the prosecution
of the War against the common Enemy. And the" proposals' made by them (which they
say extend so far as their Instructions will allow) are so mean and low as they can by no
meanes be accepted, they proposing only to Enforce the Frontiers in Hampshire with Forty
or Fifty men, Provisions for their Subsistance to be found at the charge of this Province,
and one hundred and Fifty more to be in readiness to give them further assistance upon
any attack As also the advance of Four hundi-ed pound in ProA-ision pay as it rises in
the Rate of your Colony the next yeare, to be paid in the Colony, which will not make
here one half of the Sum proposed by your Gentn Certainly yof Limitation of them to
such a narrow, cannot be your Interest - — '
It is their Majties just Expectation and you will find it accordingly directed that their
several Governmts do bear an equal proportion of the common Charge of the war both
for men and money. And pursuant to their Commands unto my self, referring unto
your Colony, I shall expect it accordingly —
Boston March IG'.h 1692/3— Your Loving Friend
W.Vkivs." —Ibid.
Less than four months after this correspondence, attention was again called to the
perilous situation of the settlements on the Connecticut River, by a tragedy enacted at
Deerfield. On the night of the sixth of June, seven of the inhabitants of that town were
murdered in their houses, by Indians. There had been a camp of Indians in the vicinity
for a month or more, but as these were supposed to be there only for trade, and to belong
to the friendly tribes, no precautions were taken against violence from them, nor would
they have been suspected had not some of the wounded identified three of them as the
murderers. These three were arrested, but only two were held on the charge of murder,
the third having been discharged by the local magistrates. The first action of the govern-
ment at Boston in relation to this affair is shown by the following entry in the records : —
"June 15, 1693. Letters being received from the County of Hampshire, giving an
account of a Barbarous murther" lately perpetrated upon Several persons in the Town of
Deerfield by Indians, and that some of the Maqua's were Suspected to be the actors
thereof, and taken into Custody ; Major Pyncheon by Order of His Ex<"y and Councill
set forward on his Journey homewards being directed to gain a ^particular, and full
Information of that matter, and to report the Same unto His Exi^y with what speed
may be
And His EX<=y the same day forwarded a Letter by the Post unto Gov Fletcher to
advise him thereof, and to desire him to write unto the majestrates at Albany, to enquire
into the Same, that no Just Provocation might be given to the Maqua's." — Council
Records, vol. VI., p. 289.
The Indians arrested were Maquas or Mohawks, whose friendship the whites were anx-
ious to retain, and they and their New-York neighbors protested their innocence, and
charged the offence upon either Indians from Canada, or the " Shaticooks " of the upper
Hudson, a remnant of old New-England tribes who were hostile to the English. This
declaration, so far as it implicated the Canadian Indians, was confirmed by circumstances
which appear in the following correspondence ; hence there was a strong disposition on the
part of the government at Boston to regard the case favorably, and to fi"ee the captives
unless their guilt should appear so manifest that to condone it would bs a flagrant viola-
tion of duty. The Mohawk nation, as well as the governor of New York, seem to have
been sincerely convinced of the innocence of the two Indians (who, in the mean time, had
been committed to jail in Springfield) , and were clamorous for their release. This rendered
the situation still more grave. The following extract from a letter to Secretary Adding-
ton, by Major Pynchon, gives a view of the situation towards the end of June : —
" Springfeild June. 28* i^
Hono*"o Sl
I have bene so Imployed in Publike service since I came Horn That til now, I could not
Imlr>ve any opportunity to Render yo'i my due acknowledgm' of al yor late (as wel as
former) kindness & respect, wherein I haue so plentifully shared, most deservedly call-
ing for my real thankfulness, w^h yo'' acceptance off, wil secure me, from y« Taxation of
Ingratitude, & be an obligation vpon me to studdy wherein to serve yo^
According to my ability, I haue not bene wanting to get an vnderstanding of y" state of
affaires here in refference to y« Indians & Murder at Dearefeild : w<^'> as my time allowed,
I made report of to his Excelency (al w^'" I know you are fully acqvainted w"') at same
time, Major Wessells* hasting his return. By reson of my dispatch of him & w* was
necessary to Gov Fletcher, I was enforced to contract, yet mind not any thing material
y' I neglected. The .2. Indians one a Maqva & y* other an Albanian, whom I veryly
suppose are gilty in y' Murder, are in safe Custody, I desire a sutable time, & Gent~
coruissioned, beappointed for their Tryal &c w^h Please to lay before his Excelency. The
.3(1 Indian put into o'' Jaile before I came hom. Nothing appeareing ag' Lim, But his saying
he would kil .20. English, evedenced by one single man only, who says y« Indian was in
Drink when he sS. it, w^h ^vas sometime before y" commotion at Derfeld & he minded it
not til that Disturbance ; He & others saying also, y' This Ind : always caryed it wel :
* Dirk WesHclB of Albany, who seems to have accompanied the Maquas to and from Deerfield,
probably as a partner or manager in trade.
[Notes,] Province Laws {Resolves etc.). — 1693. 381
The Indian sayinj? IIo knows not y' ever he spake such words, & If ho did,_ho was in
Drink & was sorry for y™ IIo is discharged & set at Liberty (the Gent- y' comittcd him
Judging it best; Colonel Allyn & capt Stanly (who were here) also advising to it) & went
away to Albany w"- Major Wcsscls & those .6. Indians (one a Maqva Capt) who came
wii' Major Wesscls, so y' they wil see (though tliis Indian wel deserved Imprisonm; yet)
wo are not desirous to put any needlesly vpon their Tryal. They would haue bene glad
wo would haue discharged y" other .2. setting forth y>^ good service y Maqvas &c haue
done, endeavoring to vindicate al their Indians, & their being in good termes w"' y
English, saying they disclaimo this Murder & are not gilfy But y' it was done by y« French
Maqvas : & thcrevhto they ImPve y" sight of some woddcn swords or Mauls y' were
found whore oL People wcro murdered w^^i'^had marks & signes on yf as evedences y' al
was done by y French Ind : To w<^'' we Eeplyed, such things might be to collour their
wickedness, & y' y" Positive assertions of dying ^r^sons were so express as could not antic-
ipate y" legal Tryal of those Psons from w' they were charged w"» And so they loft off:
desyring we would deliberate & he.iro againe frotn Albany before P'ceeding to their Tryal.
I told yn olGov was very cautious of giving any Just V vocation, whcrow"' they seemed
wel sattisfied, Telling vs y Indians Including y .5. nations Hold firm their friendship
w'i> all their Ma''*^'* subjects Desyring wo would (as they terme it) hold y° covlchaino fast
Gov Fletcher Intends a Present of .5. or GOO^ for y^ .5. nations, to Ingage y" to •sngorous
4f>'secution of y War ag« y French & french Indians, w'' was to i)e dlrd vpon Major
Wessels return hom, who is a grt man w"' y> Indians : They tel me there are some ■ptys
of French Ind : come over y lake, reckne o^ Towns in much hassard being so open &c :
say J" French.are in grt want of Pvissions some of theirs lately como hom fro"* Canida
brought in .3. scalps & more they expect dayly. If any further acco' be to be had fro*
Albany I suppose we shal have it next weeke or y= hegining of y^ weeke after, for Major
Wessels sd, they should send againe, & desyred I would take care their Indians might
come safely, for we haue noe Indians left, al being gon off vpon y' disturbance here &
their corne neglected." — Mass. Archives, vol. 30, p. 328.
Fletcher, having contemplated the renewal of friendship between his government and the
Maquas, took advantage of the affair at Deerfield to get these Indians to agree that Massa-
chusetts should be made a party to the treaty. The entire correspondence between Fletcher
and Phips on this business is not preserved, but the following extracts from the council
records, and from a letter by Phips to Fletcher dated the thirteenth of July, show the
progress of the treaty to that date : —
" July 7, 1693. His Ex<^y laid before the Council a Letter from Gov Fletcher received
the 4»i» Cun-ant with the inclosed Examinations relating to the murder, perpetrated at
Deerfield, and his answer thereunto." — Council Records, vol. VI., p. 293.
"July 10, 1693. Barthd Gedney, Elisha Hutchinson, John Walley, and Nathaniel
Thomas Esq™ are nominated to joine with such Gentlemen as shall be appointed by the
House of Representatives as a Committee to draw up a Letter to Govern^ Fletcher, refer-
ring to the Sending of messengers to Albany to treat with the Maqua's, and Sennaca's."
— Ibid., p. 294.
"July 13, 1693. His Ex^r this day dispatched a Letter to Gov^ Fletcher as to tne
intendment of sending some meet persons to wait upon him for his advice, direction, and
assistance towards proceeding on a treaty, with the Maqua's concerning the murder per-
petrated at Deerfield, whereof some of that nation stands charged, so as to bring the Same
to a good Issue, and to manifest our good liking, and firm adherence on our parts unto the
League lately renewed with them &c
As also to advise him of the Suprizing of upwards of one hundi'od Frenchmen landed
on the backside of Sandwich, and that their maj''«s Frigatt the Nonesuch had taken the
ship, and the remainder of the men left on board her, being a French Privateer from Petit
Guavers."* — i6«VZ.,p. 297.
" In my Let^ of the 4"' past I omitted my Accknowledgment of yo'' goodnes &
Generosity In the comprehention by the Late Renuall of the League with the maquas
therefore doe by these manifest my Thanckfulnes for the same on the part of their maj-
esties subjects of this provinc Accknowledging myself obleidged at all times to Indeavo''
the utmost serviss for their majesties & their subjects I Assured yo' Excy that I was very
sencible of the difficulty of the case Relateing to the maquas charged with the murder
perpetrated at deerfeild and the 111 consequences that might Atend any wrong step
therein — therefore Haveing Advised with my councill Intend to send meet persons to
wait on yo''self at new yorke for yo' Advice direction and Asistanc towards their pro-
ceeding on a trety with the maquaes Concerning that Affaire soe as to bring the same to a
good Isue & to manefest our good Likeing and firm Adhereanc on our parts unto the
League Lately Renued with them & to make some proposals Relating to o' Indian
Enemies at the Eastward In all which thes Gentlemen sent with the tender of my
Respects are to consult with yo'self and Receive yo'' Advice & direction wherein I Request
yo' favo' that a Right understanding may be Had Between their majesties subiects of
this province and the maquaes soe that noe discontent Arise & yet that Justice may
proceed In the triall of the persons accused of the murder." — Mass. Archives, vol.
30, p. 330.
Pending this correspondence the vote which constitutes this chapter was passed.
The next letter from Phips to Fletcher, dated July 26, 1693, shows that the Goremor
and Council had ordered the release of the prisoners. The following is an extract from
this letter : —
"S' ^
In mine of the 13* currant I intimated unto yo"" Ex^^^y that I intended to send some
meet persons to waite on your selfe at New Yorke for your advice, durection and assistance
in order to a treaty with the Maquas relating to some of that Nation taken into custody
* I^e Petit Ooave.
382 Province Laws {Resolves etc.). — 1693. [Notes.]
on suspicion of the murder committed at Deerfield. and to Endeavour to bring that aflFaire
unto a good Issue &ca
Since which I have a letter from M; V Cortlandt and Col?. Bayard at Albany with the
Deposition of one John Baptist Van Eps late Prisoner in Canada, relating to the marks
and figure upon the Clubs found at Deerfield. and advising upon the severall Examina-
tions and Evidences relating to that murder have ordered Major Pyncheon to dismiss the
two Indians taken into Custody and to direct for their safe passage home, withal to send
a Copy of my Letter to him unto the Mayor of Albany for the'better satisfying of the
Indians —
I have also received a Letter from the Commander of Pemaquid ffort giving me account
that Moduckawando with several other of the Eastern Indian Sachems have lately been
in there vnih a Flagg of Truce, and moved that the war be brought to an end manifesting
their Earnest desire of Peace, proposing to come thither again by the lOt.'i of August next
to meet such persons as shall be appointed by my selfe to discoxirse them about that
matter, and have agreed to cease all acts of hostility "in the interim —
Upon Consideration whereof It's thought advisable that the Gent" designed to have
waited upon your Excellency be delayed until that meeting be over the Issue of which yo''
Exi^y shall have an acco' of , which may occasion the altering of former measm-es proposed '
— Ibid., p. 33r>.
At the same time Phips wrote as follows to Pynchon : —
I have communicated unto the Council your several Letters referring unto the two
Indians in custody within your County on sxispition of being Actors in the murders latel}
perpetrated at Deerfield, As also what I have received from Gov Fletcher Mf V. Cort
landt and Colo Bayard of the several Examinations and Evidences taken concerning that
matter particularly the Deposition of one John Baptist Van Eps late Prisoner in Canada
of his knowledge of y markes and figures upon the Clubs found at Deerfield and the per-
sons that bear the same being of the Enemy Indians of Canada. The Council have like-
wise perused the Examinacons and Evidencies taken from the wounded people being
chiefly what others report to have heard them say, and not directly from themselves,
besides that it's much doubted whither they were of sound mind and upon Consideration
of the whole, are of opinion, the Indians cannot be convicted by those Evidences advising
that they be dismist if no further material Evidence appoare against them, which I
accordingly order, and that care be taken that they pass homeward without any violence
being oflbred them, yourselfe directing to the most probable way for their secure passing
and send a Copy of this my Lfe to the mayor of Albany for his better Satisfaction in this
matter.
It is of great concernment to the whole of their Maj'ie^ Interest in these Territorys that
the English be in good Termes with the Maqua's &c. at this Critical hour, when they are
so much soUicited to go over to the side of the Enemy, and that no just provocation be
given them for a rupture. As all caution ought to be used that no murtherer Escape Jus-
tice so it being plainly Evident before hand, that these Indians cannot by this Evidence be
found guilty upon Tryal, it's thought most advisable, all circumstances considered to dis-
miss them, without, and to avoid the inconveniences that may ensue their being longer
detained which (the Indians not understanding the formalities of Law) may improve to
disatfect them to the English Interest. I am
Boston July 26'.h 1693. Your humble servt
^ ^ \W. Phips.]
To the HonWe John Pyncheon Esq'."— 76if^., vol. 51,' p. 21.
This appears to have been a happy termination of all ill feeling between the Mohawks
and Massachusetts up to that time ;* but the captive Indians did not wait to be released,
as is shown by the following extract from a letter by Pynchon to Governor Phips : —
" Springfeild July 29'-'' 1693
May it please yo' Exeelency
I haue not yet had opportunity to acqvaint yo'' Excel", of y^. 2. Indians being gon til
now : wch first offers it selfe as foUoweth The. 2. Indians in custody vpon yo acco' of y«
Murder at Dearefeild escaped out of Prison July 27','' when in y" morning I Fsently sent out
about. 20. men to search after & Psue y">, some of vhom, finding their^Tracks Just across
y streete fro'-y Prison house followed y"> for nei'e halfe a mile finding they bent North-
erly, but coming into y" Bushes could noe Longer follow j™, & so returned, tho yo Jaylor
spent al y" day, & sent to y- next Townos &c The manner how they fitted for an escape
is evident to be by some File or Files conveighed to y"'' (as is supposed) by some Indians
yt might secretly & vnknown (we having none here vnless by stealth) put y" in to y" in
ye Night, for it is very plaine & evident their chaines were cut by some sharp thin file like
a kniife, or some Thin Steele chissell they being as smooth as may be, where they are cut
asunder, & very narrow y' it was some very thin Instrum^, when by this meanes they had
got ynselves at liberty in y" Roome, they pulled out some stoones & got to y foundation
& so crep out & are gon, Pbably Irrecoverably, vnless sending to Albany may Recover
yn thence, wch is submitted to yo' Exeelency." — Ibid., vol. 30, p. 336.
Pynchon and Cooke, jointly, received for their services and expenses as commissioners
to Connecticut the sum of eight pounds ten shillings. This was voted by the Conncil Jnly
26, 1693, and the payment is'charged in the province treasurer's accounts.f
As the treaty was concluded July 6th, and as it does not appear that the commissioners
"Winthrop and Pynchon were paid for their expenses and services at Albany, it is likely
that the Massachusetts commissioners under this appointment did not act.
* The treaty, negotiated between June 15th and July 6, 1693,1b given in full in "Documenta
Relating to the Colonial History of the State of New York," vol. IV., pp. 38-47.
t Archives, vol. 122, p. 23, and Executive Records of the Council, vol. 2, p. 246.
[Notes.] Province Laws {Resolves etc.). — 1G93. 383
Chap. 8. Thi3 chapter is from archives, vol. 100, p. 444. It is recorded in council
records, vol. VI., p. 29G.
This vote passed the Ilonso June 17, IGO.'J. Oa the thirtcentii of July it passed the
Council and was consented to and signed by the Governor. See notes to resolves, 1093—1,
chai)ter 1, and IGDo-C, chapters 20 aiid 53.
The following is the resolve of the House for the appointment of the committee men-
tioned in this chapter, together with the minute appended thereto of the choice of said
committee : —
"Resolved, Nemine Contradicento. That there be a Committee of this house chosen
and appoynted by this house to demand an Acco', from John Phillips Esq^ late Treasurer
of this Province how the money Granted anil levyod since his Excellencies Arivall has
been Applyed & disposed and to Inspect and Examine the AccoV, Receipts, and disburse-
ments of the said Treasurer and to Report the Same to this house, and that the said Com-
mittee do advise and Represent to this house if any moneys haue Ijeen Expended by the
said Treasurer which haue not been drawn out of his hands by order from the Gov' and
Councill — or if any money Granted Since his Excellencies Arivall has been applyed to
any PublicU Charge Contracted befor his Arivall
June 7':"' 1G93 81' day The Committee chosen hereon are Cap^ Townsend, Cap' Sprague,
Cap^ fibxcroft, Capf Dudley, Capi Bytield, Capt. Leonard, Cap'. Thatcher, mi Jahleel Bren-
ton or any fine of them." — Mass. Archives, vol. 100, p. 435.
As first reported to the House, where the vote which constitutes this chapter originated,
it seems to have been in the form following : —
" Voted That John Phillips Esqf late Treasurer of this Province have the sum of fSve
hundred pounds allowed him as a Recomponce for his Service as Treasurer for the Colony
of the Massachusetts from the 18';i> of April. 1G89. until the 14'.'' day of May. 1692. to be
allowed him upon niakeing up his Acco'fs [and laying them before this house at the next
sessions] in full of his service and Accompts about the Treasury for the time aforesaid."
— Ibid., p. 436.
Apparently the first amendments offered were to substitute " Recompence " for "gra-
tuity," and to strike out the words above enclosed in brackets. Before the vote was sent
up to the Council for concurrence, it passed the House as follows : —
"Voted That Jn"? Phillips Esqf late Treasurer, of this Province haue the Suin of fine
hundred pounds allowed him, as a gratuetv for his service as Treasurer for the Collony of
the Massachusetts, from the, 18"' of Aprill 1G89, untill the U^h of May 1G92, to be allowed
him upon makeing up his accounts, & delivering Coppys thereof unto the Committee
appoynted by this House to receiue the same. & S'^' Sum to be in full for all service &
Charges about the treasury for the time afore s'l
Past in the affirmative Ordered to he sent up to y« Gou' & Councill for their
Concurrance & Consent herein
Juno 13'^ 1G93 William Bond speaker." — Ibid., p. 440.
Chap. 9. This chapter is from archives, vol. 100, p, 445. It is recorded in council
records, vol. VI., p. 296. This vote passed the House June 13, 1693, and on the thirteenth
of July it passed the Council and was signed by the Governor.
It thus appears that Phillips continued to perform certain functions of his late ofSce for
nearly a month after Taylor had succeeded him. The vote allowing him for his services
having passed in concurrence two days later than the following vote of the House, it is
to be presumed that he complied with the requirements of the latter vote between the
eleventh and thirteenth of July, from which latter date Taylor appears to have had exclu-
sive control of the office : —
' ' July Voted that M5 James Taylor Treasure of this province doe imediately Enter upon
& proceed to the Execution of the sji office to w':'' he is chosen & sworn in the Receiving the
publick Debts from the severall Constables and in paying such Debts as shall be Regularly
Ordered out of the Treasury and that Ju'^ Phillips Esqi the Late Treasf of this province
doe wth all convenient speed deliver to the s<] Ml James Taylor a true and fayr Lyst of the
publick Deists and Creditts & also doe pay to him what sumes of money are now in his
hands of the Publick stock and that the said John Phillips doe from henceforth surcease
acting or Intermedling as Treasury of this province
July 11th 1693 Resolved in the Afiirmative
William Boxd Speaker." — Mass.
Archives, vol. 100, p. 450.
Chap. 10. This chapter is from archives, vol. 100, p. 447. It is recorded in council
records, vol. VI., p. 298.
Notwithstanding the action of the General Court, June 30, 1692,* in appointing a joint
committee to audit and adjust all former accounts of debts owing from the late colony of
New Plymouth, and the authority then granted to commissioners to adjust and settle the
accounts depending between the two colonies, the House deemed it necessary to take
further measures to procure a full account of the disposal of the rates and taxes levied in
Plymouth Colony during the provisional government that followed the administration
of Andros. Accordingly, early in the first session of 1693, the following resolve was
passed by the representatives : —
" Resolved, Nemine Contradicente That there be a Committee Consisting of such mem-
bers of this house which belong to the late Colony of Plymouth to be appoynted by
this house to demand an Aeco'. from Barnabas Lathrop Esq' John Walley EsqF —
Lt Isaac Little — late Treasurers ' of the said Colony how the Severall Rates and taxes
granted & levyed in the said Colony Since the ISt" of Aprill 1689 till the Arrivall of his
* Resolves, 1692-3, chapter 3.
384 Province Laws {Resolves etc.). — 1693-4. [Notes.]
Excellency Si_ William Phips hauo been Applyed, and disposed and that they doe Report
the same to this house." — Mass. Archives, vol. 100, p. 439.
To the copy of the above resolve is appended the following memorandum, dated June
7, 1693: —
"The Committee Chosen hereon are Cap! Byfield, Capl Leonard, Cap'. Thacher &
mj. Jahleel Brenton or any three of them." — Ibid.
On the day before the passage of the present chapter, the House sought to enlarge the
authority of the above committee by the following vote which they ordered to be sent up
to the Governor and Council for their concurrence therein : —
" Voted that the Coliiittee akeady appointed by this house to Demand & Receive an
AccoL from Barnabas Lothrop Jnp Walley Esqi? & M£lsa Little late Treas^j of the Colony
of New Plyinp of all the Rates &'Assessm'» Collected & Levyed from the 18='» of Apr" 1689
till the 14'h of May 1692. be hereby fm-ther Authorized & Impowred to take acco.t of the
Publick Debts & Creditts of the s^i Colony & of the Paymts of any persons for any sumes
of money due from the s^ Colony & to make Report thereof to this house y' if any thing
appear to be due from the s^ Colony provision may be made for y Raysiiig of it & that
this may be Compleated with by y« 14tii day of Octob^next /
Willi Bond Speaker." — Ibid., p. 446.
1693-4.
Chap. 1. This chapter is from council records, vol. VI., p. 303. The order related to
a single entry in the province treasm-er's account, but the amount allowed was the sum of
several items which had been already approved by the Governor and Council. The fol-
lowing entry shows the period covered by this account, the further proceedings on which
are given in the note to chapter 16, post : —
"Nov, 13, 1693. John Phillips Esq'' late Treasurer laid his accompts of the Treasury
since his Exoy arrival before the assembly." — Council Records, vol. VI., p. 303.
Chap. 3. This chapter is from archives, vol. 11, p. 78. It is recorded in council
records, vol. VI., p. 301, and from the entry of the title of this vote as a " bill " it was
supposed that it had been engrossed as an act ; and hence it was included in the public
acts for this year, as chapter 16. It has since been discovered to have been only a vote,
and it therefore takes its proper place here among the resolves, etc.
The dangers from which King William had been preserved were the conspiracy against
his life by the Chevalier Granville, in Flanders, in 1692, and his exposui'e, in the summer
of 1693, at the disastrous battle of Landen, which at first was reported to l)e a victory.
The mortal sickness, apparently the yellow fever, the stopping of the spreading of
which is mentioned in the proclamation as a cause for thankfulness, was brought in the
fleet under Rear Admiral Sir Francis Wheeler, which unexpectedly arrived at Boston
from Martinique on the eleventh of June, 1693. This fleet had been sent out by the home
government to cooperate in a movement Ijy the colonial forces against Canada, for which,
however, owing to delay of the despatches sent to New England in February, no prep-
arations had been made beyond the military operations described in the notes to resolves,
1693, chapter 7.
The following is Hutchinson's account of this unfortunate enterprise : —
"Repeated applications had been made for a naval force to be sent from England,
sufficient in conjunction with land forces to be raised in New England and New York,
for the reduction of Canada, but without success ; other affairs of the war not permitting
this, though deemed important, to be engaged in. In 1692, it was resolved there should
be an expedition the next year. A fleet was to be employed in the winter, in reducing
Martinico, and, having performed that service, was to go to Boston, there to take on
board a body of land forces under Sir William Phips, and so proceed to Quebec. Had
Quebec been the only object, and reasonable notice given to the colonies, there was reason
to expect success. By the fleet's going to the West Indies, the whole design was blasted.
If sickness had not weakned them, the force would still have been insufficient for the
reduction of Martinico ; but the mortality was so great, that before Sir Francis Wheeler,
the commander in chief, came to Boston with the fleet, June 11th, he had buried 1300 out
of 2100 sailors, and 1800 of 2400 soldiers. It may well be supposed the admiral had done
with the thoughts of the Canada expedition. The land army, perhaps, might have been
recruited, but a supply of seamen could not be obtained. Besides, not the least prepara-
tion had been made, he brought the news himself of his proposed attempt. . • .
The distemper, which had been in the fleet, spread in Boston and was more malignant
than ever the small pox had Ijeen, or any other epidemical sickness which had been in
the country before ; and many families left the town & resided in the country, until the
infection ceased." — iIJs<. of Mass., ed. 17 67, vol. 2, pp. 70-72.
The following entry shows the measures taken by the Council to prevent the spread of
the infection : —
"June 12, 1693. The Hon'''^ S"- Francis Wheeler Kn' being arrived Yesterday with
their Maj'-i^' Ships of warr, and Forces under his Command being sorely visited with Sick-
ness, and his Ex^y having Ordered accoinodations for the receiving, and entertaining of
them upon Long Island, to prevent the spreading of the Infection among the Inhabitants
His Excy and Council emitted, a Proclamation forbiding all persons other than such as
are, or may be especially Licensed thereto by his Ex^y to go on board any of said Ships,
or upon the Said Island &c' or to receive, harbour, entertain, conceal, or have any inter-
course, with any of the Officers, Mariners, Souldiers, or other belonging, unto, or brought
[Notes.] Puovince Laws {Resolves etc.). — 1093-4. 385
in any of the Said Ships or Vessels, until his Ex^y and Council shall otherwise order -on
paino of being proceeded against with utmost Severity for their Contempt
• William Phips." — Council
Records, vol. VI., p. 2S6.
The successful operations in the eastern country, under Major Converse, were not inter-
rupted by the plans of the ministry. At the solicitation of the Admiral, the Council
advised against attempting to attack Quebec, in view of the lateness of the season and
of the reduction of his force by the fatal distemper. They, however, advised his return by
way of Canso and Newfoundland in the hope of taking prizes there from the enemy, and
recommended that a new expedition be sent hither to cooperate with the united forces of
the colonies. The following extracts from the council records and the archives are all
that have been discovered relating to the correspondence respecting this matter, between
Sir Francis and the Governor : —
" July 11, 1693. His Ex^y laid before the Council a Letter dated the 8>'' instant from
the Honb'e gr Francis Wheeler desiring the Opinion of His Ex<^y, and Council, whether
his Majti'-s Squadron of Ships, and Forces now under his Command in their present Con-
dition ; which is sett forth in Said Letter are alone able, to attempt Quebeck ; If not,
what place in the River of Canada, or Newfoundland may be forced by them, and that
for his Maj''''s information he might have the Opinion of this Board, what Force may be
necessary to attack Quebeck." — Ibid., p. 205.
" July 12, 1693. A Letter in answer to S"' Francis Wheeler, proposals in his Letter
laid before the Council Yesterday, was drawn up and agreed to, and ordered to be Trans-
cribed for his Exi^^ys signing." — Ibid.
<<Sr
Yoi;3 of the 8'.^ currt according to yof desire I have comunicatd to the Council,
wherein you are pleased to acquaint me what Commands you have from his Maj'y for
coming to this place and to proceed up the River of Canada with the assistance of such
Forces as should joyne you here to attack the City of Quebeck. You are also pleased to
acquaint me with the Condition of their Maj'ies ships and Forces under your Command,
and the contagious sickness which has falii both upon the Souldiers and Seamen, so that
there is not remaining above 650 men (including officers) of your two Regiments of Soul-
diers and that the ships Companyes are reduced to less than one halfe of what their Com-
plement was at first and of those remaining not above one third seamen at most, desiring
the opinion of my selfe and Council whether your Selves alone are able to attempt Que-
beck If not, what place in Canada River or Newfoundland may be forced I)y you —
In answer whereto upon advisemt with the Council considering the circumstances above
mentioned We do not think it probable that yo.r Honour can force the City of Quebeck
with your remaining strength supposing your numbers to be short of what is necessary
for such an Enterprize besides that the year will be too far advanced before any Armv can
be provided to make a descent upon them by Land, to keep them alarum'd, in the upper
parts of the River, that so their Forces be not drawn down to the strengthning of that City.
Neither have any orders or notice from his Maj'^ of this Expedition arrived here to
this day. and We know of no place within that River below Orleance that will be worth
your forcing, but possibly there may be some number of French merchant ships at
SJ Peters and Plesance in Newfoundland, the taking or destroying of which may be a
considerable service ttnto their Majtjes
As to yof Proposall to have our opinion for his Majtjes Information what force is neces-
sary to attack Quebeck — We humbly suggest that there be 4000 men effective to form a
sufflcient Land force against the City and to make a descent at the same time upon their
Plantations and settlements in the upper part of the River to keep them alarum'd besides
the Seamen for the naval Forces.
That 2000 Souldiers be sent from Europe, for this Expedition, the other 2000 to be made
up by the several Governments of their Majfjes Colonies and Plantations on this side
Virginia, there being no dependance to have any Indians but of the Maqua's and other
Nations in alliance with them who are under the Influence and Directions of the Govern-
ment of New York
That the Naval Forces consist of as many ships of War and of the same Rates as the
present squdron with two Bomb Vessells furnished with large mortar peices that will
heave a shell at least a mile. Fireships. Hospitall and Store ships what may be necessary.
That his Majty be pleased to furnish 3000 light fire armes. and 500 barrells of powder to
be sent to Boston for supply of such parf of the Forces as are to be raysed in these
Plantations.
That his Maj'les Pleasure respecting this designe be sent to his respective Govemo"".' here
by several conveyances in convenient time, that preparations may be early made, so as to
be in the River by the last of May or beginning of June at furthest.
That the Squadron from England be directed to stop at the Gutt of Canceau and the
Forces from hence to joyne them there.
I shall take care to lay the same Account before his Majesty, wishing yoj Honof all
happiness. •/• I am.
Boston. Jttly. 12".. 1693-/. H^'^"- ^ %^, ^^^^ I^^^^^ Servant.
W: Phips.
To the HonWe S' ffrancis Wheeler Knt." — 3/ass. Archives, vol. 51, p. 19.
Phips informed Governor Fletcher of the intended movement of the fleet, in a letter of
which the following is the concluding paragraph : —
" S.r Francis Wheler with the squadron under him is near ready and purposes to sayle
hence in his voyage homeward within a few dayes. and to attack the French at Plesantia
in Newfoundland, the souldiers and seamen are restored to a good measure of health but
it has pleased God to visit this town with the sickness, of which several persons are already
dead. I am, Yo.' Excys most humble servant
Boston ; July 26t> 1693. — ' [W. Phips] ." — Ibid.,
vol. 30, p. 335.
386 Province Laws {Resolves etc ). — 1693-4, [Chap. 3.]
The letter of Sir Francis Wheeler to which the following is a reply has not been found,
but the reply shows the reasons which induced the Council to refuse the Admiral's appli-
cation to recruit his force with four hundred men of the province : —
"Sf
In yoiirs of the 24'h currant you were pleased to acquaint me with your Resolution by
the blessing of God in your way homeward to attack Flesentia in Newfoundland both by
sea and Land, Proposing to be Enforced with 400 men from hence for that service. For
that you have been lately advised from Col? Kendall Govf of Barbado's that he has read
an account from the Govr of the French Settlement there of the Strength of that place
the last yeare. in numbers of men —
Upon receipt whereof I made l^nown unto your Honof that as their Maj'ies in their
Royal Charter for setling y Governmf over this their Province have been pleased to com-
mit the power of the militia into the hand of the Govr^ for the time being, so they have
likewise provided and ordained that the Governour shall not hj virtue of any power
thereby granted or hereafter to be granted to hira. transport any of the Inhabitants of the
Province or oblige them to march out of the limits of the same, without their own con-
sent, or the consent of the great and General Court or Assembly of the s'l Province or
Territory ; there being no assemby now in being nor can a new One be convened by y«
Act of the Countrey within less than Thirty dayes after the granting forth Writts —
Had your Honoj offered any Proposal of this nature whilst the Assembly had been
sitting (who were dismist upon the 15'.'^ day of this month.) I should have promoted
the Consideration thereof with them. I continued their sitting the longer in expectation
of receiving their Maj'io^ Commands relating to the design of yo'" Hon.rs comeing with
your Squadron into these parts, which you were pleased To acquaint me with at j^our
arrival, the yeare being now too far advanced for the same.- — '
There is an Expedition now forming against the Indian Enemy in the Eastern parts
which will require a considerable number of men — Besides that the awfull consideration
of the contagious sickness brought in the Fleet is very much affrighting and discouraging
to men to adventui-e themselves on bord the Fleet It having pleased God also to si:tfer
the same within a few dayes to break forth in the Countrey and so far as it hath proceeded
to prove very deadly, whereby we are like to be greatly diminished if God prevent not.
Sf I have acquainted the Council with the contents of your Hon^s Letter and my answer
to the same. Who hope your Honour will receive satisfaction therewith.
I shall be very glad to assist yo"" Hon^ in anything within my power for their Maj^ies
service in which I heartily wish your good success ; and am
HonWe sr
-n^-+^„ T„i„ o7th iroQ Your very humble servt
Boston. July. 27tS 1693 •' W. pfkipsl.
To the Hon'''*- Sf Francis ^Vheler Rnt." _ ihid., vol. 51, p 22*
The following passages in Sewall's Diary throw some light on the subject of the dura-
tion and fatality of the distemper : —
" Monday, June 26. . . . Last night TimoWadsworth's man dies of the Fever of
the Fleet, as is supposed, he having been on board and in the Hold of some ship. Town
is much startled at it.
July 24. Capt. Turell is buried. Mr Joseph Dasset was buried yesterday, being much
lamented. Jn" Shove and — Saxton died before, all of the Fleet- Fever, as is suposed;
besides others. The Town is much startled. Capt. Byfield speaks of removing his wife
and daughters to Bristow. One of the Fleet-Women dies this day, July 24, 1693, at David
Johnson's, over against the To\vn-house.
July 25. Three Carpenters die.
JulV 26. Dr. Pemberton dies. Persons are generally under much consternation, which
Mr. Willard takes notice of in his Prayer." — Vol. I., p. 3S0.
The first day of public thanksgiving under the provincial government, was kept on the
twenty-sixth of February, 1692-^. The proclamation therefor was issued by order of the
Governor and Council in the vacation of the General Court and without the concurrent
voice of the representatives, which concurrence was necessary to give validity to the clause
prohibiting servile labor on that day. This proclamation and the preliminary action of the
Council thereupon are as follows : —
" Jan. 30, 1692-3. Agreed. That an Order be drawn up for a day of publick Thanks-
giving for the preservation of their Majtls^ the happy successes vouchsafed unto their armes
and iloyal Navy, and for other publick mercies bestowed on this People, to be presented
at the next sitting of the Council ; and that Thursday the twenty third of February next
be set apart for that service. William Phips." — £^ec-
utire Records of the Council, vol. 2, p. 218.
" Feb. 2, 1692-3. The Order drawn up for celebrating of Thursday the twenty third of
February currant as a day of Publick Thanksgiving, throughout this Province, and the
Inhibiting of all servile labour on said day, was read, voted and approved of and ordered
to be sent to the Press. In the words following :
It having pleased Almighty God, (amidst the great commotions, which have for some-
time affected all Europe, and extended unto these American Plantations) graciously to
smile upon the English Interests in the preservation of their Majties the happy successes
vouchsafed unto their armes and Royal Navy, and particularly to answer the prayers of
his poor people in the late Harvest, the safe return of such who had been abroad on pub-
lick service, the comfortable measure of health now enjoyed & Restraint of Enemies, with
the Check given to the formidable assaults of Witchcrafts :
It is therefore Ordered : That Thursday the twenty third of this instant Febmary be
celebrated as a day of Thanksgiving throughout this Province, unto the God of Heaven
* See, also, Executive Records of the Council, vol. 2, pp. 246, 247, for the advice of the Council
upon this application.
[Notes.] Province Laws {Resolves etc.). — 1693-4. 387
for those and all his other Favours, and the several Ministers and assemblies are exhorted
unto all serious endeavours to observe the day in such manner as to testify their fear of
God and his goodness. And all servile Labour on said day is hereby Inhibited.
William Viuvb:' ~Ihid.,p. 219.
Chap. 5. This chapter is from archives, vol. lOG, p. 379. It is recorded in council rec-
ords, vol. VI., p. 306.
In February, 1G92-3, was prepared the first address from the provincial government to
the sovereign. It was done hy the Governor and Council upon the following motion or
proposal of the House : —
" To his Excellency The Govern"" & Councill. The House of Representaues Do propose,
That the Hond Councill will so farr consider the severall strcights that this poor Province
is in, as to petition their Maj'l'^'' that the charge of the Fort at Pemaquid may not be a
setled charge to the Province "
That tlie souldiers at New Hampshire may be drawne off, or proportionable charges
borne by the Province in which they are
That when souldiers are sent to keep Garrison in any places, there may be only Ser-
jeants to command them & superior officers wages saved.
That the Committees appointed to settle accompts betwixt this CoUony & Plymouth may
attend it, that wee may be informed fully of the matter
That the Committee that is or may be setled to view the Treasurers accompt, to know
what the Collony or Province is in debt may attend the same, & present the same to this
house, that they may be fully informed therein at next sessions
That the Committee in Plymouth may settle their accompts.
That the souldiers at the Castle may be reduced in peaceable times, or when little dan-
ger to about 16 men.
That when Captains leaue their Companies under pretence of doing somewhat for the Pub-
lick, & stay months to doe their owne busines, thay may not be paid, while out of service.
That Connecticot Colony may be treated with to" help with a supply of souldiers, Eng-
lish, Indians or others against their Maj''."' Enemies, (That we are annoyed with) at
suitable season of the yeare.
That souldiers Imprest be paid from the time, The Governour & Councill orders them
to attend their Majesties service.
That souldiers be paid in their Owne Townes by order from the Treasurer to the Con-
stable at any time they desire it
That souldiers pay no more at the Eastward, for that which they are supplied with, than
what the Goods cost at the port it went from.
That no Captaine or Commissary recieue any refuse Goods to supply the souldiers with.
That Rode Island may be remembred that when they were instreights we sent 3
shipps to defend them, & That they promised be* bear with us proportionable, if then we
helped them at Block Island.
That supplication be made to their Majesties, that the souldiers in Sf Edmunds time,
may be paid by all that was under his Government.
That the souldiers that his Excellency may coiiiand to secure their majesties subjects
m other Collonies They may contribute to the paying of such souldiers proportionably
with us.
That all the Debts the Collonies owe to publick persons, in any towne, may be paid by
the Townes where such live, or next adjacent to prevent charge of Transportation.
That the money Granted be Expended no further Eastward then Wells unless in the
pm-suit of an Ennemy
xbr : 10 : 92 This repi"sentation voted in this house of Rep^'sentatiues & sent to His
Excellency y Gouem'' and Councill for Concm-rence —
William Bond speaker." — Mass.
Archives, vol. 3, p. 48.
In answer to the foregoing suggestion the Governor and Council, on the nineteenth of
January, adopted the draught of an address which they ordered to be engrossed. It was
subsequently reconsidered and redrawn, as shown by the following entry T —
"Feb. 16, 1692-3. Upon reading the address lately agreed on to be presented unto
their Maj'i£.9 and upon further consideration thereof, the Sliip bound for London by which
the same was intended to be forwai'ded being not yet gone :
Resolved and Ordered. That the s^ address be not sent forward, but that the new one
with some alterations now made be forthwith prepared to go by this Ship.
William Phips." — Exec-
utive Records of the Cotincil, vol. 2, p. 220.
The following is the draught of the address as finally agreed upon : —
" To their most Excelif Maj'i.fs King William & Queen Mary
The humble Address of the Govr and Council of yof Maj'ies Province of the Massachu-
setts Bay in New-England in America
May it Please yoj Majt;e8
The many Royal Favours wherewith yof Ma'ies have been graciously pleased to oblige
your good Subjects within this yof Province, And yof Princely care and Regard for the
Safety and defence of the same by ordering two of yof Ma''.es Frigatts to keep their Sta-
tion here doth Embolden vs with all due Submition humbly to represent and lay before
yof Majties the present afflictive & distressing cii'cumstances of this yof poor people, thro —
the long continuance of the War, and the vast losses and charge drawn upon them
thereby, besides other desolating Calamities befalling them by means whereof they are
greatly Impoverished & diminished humbly praying yof Ma'ies princely Consideration
thereof, and the discouragements they labour under, ha veing 'no prospect ,of an end of
• Sic: to?
388 Province Laws {Resolves etc.). — l(i93-4. [Chap, 5.]
these troubles whilst such a growing branch of y- ffrench power in the Country of Canada
continue and increase their Settlements so near who are the original and Source of all our
Mischiefes, their Interest being so contrary unto the Interest of yoj Maj'>es and are inter-
mix't with the Indians by their neer Alliances of marriage and benelit of their Trade,
That it cannot consist with the peace and flourishing of yo;' Majti«3 Dominions here.
We also most humbly Supplicate yo.r Ma''es Favour in respect' of the great charge and
Expence for the Erecting a Fort at Pemaquid and the maintenance of a Garrison there
which if it should be laid upon yoj Subjects of this Province already so much exhausted
by the War in their own and neighbours defence would prove insupportable ; nor can it
be of so great advantage as may have been supposed to annoy the Enemy or divert their
comeing upon these parts being remote from their common Roads through the Country
and about Seventy miles distant from any present Setlement of the English, and as we
are likewise Informed has alwaies been Supported at the sole charge of the Crown. Fur-
ther we most humbly pray yoj Majties Grace for yoL Royal Approbation and Confirmation
of the Acts and Laws passed by the Great and General Court or Assembly of this your
Province now forwarded to be laid before your Maj'i^s being adapted unto the Constitution
and Circumstances of the Province and as We humbly conceive most conducing to the
happy Increas and Floi;rishing of the same. And tho there be therein some diversity,
yet nothing that we know of repugnant unto the Laws and Statutes of your Maj'ioa King-
dom of England —
Finally We humbly prostrate our Selves at your Royal Feet heartily wishing the long
contintiance of your Maj'ies Lives and prosperous Reigne. That your Maj'ies armes and
Enterprizes may be crowned with Success for the subdueing and vanquishing of all your
Enemies, and thereby a happy repose and quiet be procured and long continued unto your
Maj'ies and all your Dominions — And may the benigne Influences thereof never be v/ant-
ing to this yof Maj'£2 Province Is the fervent prayer of
Council Chamber in Boston Yo'' Maj'"""
February W^ 1692/3 Most humble obedient and truely de-
voted Subjects the Governour and Council of yo^ Maj^^ province afores.<i," — Mass.
Archives, vol. 106,}). 375,
The changes made in the original draught of this address were the substitution, in the
first paragraph, of the clause beginning " humbly praying your majesties," and finishing
the paragraph, for the passage which is given below; and the addition of the clause in the
final draught, which begins with " humbly praying your majesties' princely considera-
tion," etc., and ends with " dominions here : " —
" And the more discouraged in that they have no prospect of the end of these trovbles,
so long as our ill neighbours the fiiench of Canada continue and increase their Settlements
there, "being the Original and Spring of all these mischiefs by animating and Assisting of
the Indian Enemy, and Sheltring of them, when at any time warmly pursued and driven
from their own Plantations. The Sense we have of their contrary Interest, and the incon-
sistence thereof with the peace and tranquility of yof Ma'i.es Subjects in these yoj Terri-
torys and Dominion either at present or for future Obligeth us in duty and faithfulness
unto yof Mat'ss humbly to Address yof Ma^i^^ in that Respect haveing written unto the
Govr of NewYorketo joyne in such Application, That whilst yoj Ma'ies Armes in Con-
federation with other Protestant Princes are designed to bring down the pride & greatness
of the French power, that branch thereof in these parts of America may not be forgotten ;
But that yoj Ma*;es would be graciously pleased to take the same into yof Princely Con-
sideration, and to'order such Sea and Land Force to be Imployed for tlie Subdueing and
reduceing thereof, as with the blessing of God may add that Country unto yo."" Imperial
Crown, & thereby Enlarge and procure a lasting quiet and flourishing Settlement of
yof Ma''.<:s Territorys and Dominion, and make a considerable Augmentation to the
Revenue of the Crown. . ." — Ibid., p. 373.
The chief object of the address which constitutes the present chapter was to secure the
retention in office, of Phips, whose supposed subserviency to the Mather interest had
greatly increased the opposition which, on various grounds, he had encountered from tha
beginning of his administration. This address was first proposed in the Council, where,
on the eighth of November, the Governor directed Major Bartholomew Gedney and the
Secretary to recommend to the consideration of the House, " the preparing an address
unto their Maj'i'^s."* On the thirteenth, a joint committee, consisting of John Richards,
Samuel Sewall," John Foster and Peter Sergeant, of the Council, and Dr. Daniel Allin,
Major Penn Townsend, Mr. Nehemiah Jewett, Mr. Samuel Wheelwright, Mr. William
Denison and Capt. John Browne, of the House, was appointed to prepare the address ;t
and on the fourteenth the draught was completed, read and approved by the House, and
sent up to the Council, where, on the sixteenth, it was passed in the affirmative and
signed by nineteen members of the Council, — the Governor declining to appear as advo-
cating his own cause. The circumstances are thus briefly related by Hutchinson : —
" The prejudices were great against him [Phips] in England. Mr. Dudley, who was
upon the spot and desired to succeed him, heightened them. There was a strong party
against him also within the province. By negativing Mr. Cooke, he had made many of
those who had opposed all measures, except the restoration of the old charter, to be his
enemies. Dudley had been trying to reconcile himself to his countrymen ever since the
revolution : He had great family interest. Stoughton, the lieutenant governor, retained
his friendship, and secretly corresponded with him, and was very cold in Sir Williams's
interest. They who had "been in favor of the [province] charter were for him. They
were the most numerous, but not most active and zealous. The private letters, sent to
England, were generally against him. He had a hard task to keep a majority of the gen-
eral court in his favor. An address was proposed and carried in the house of representa-
tives, humbly praving his majestv, that the governor might not be removed ; but of 50
members present, 24 voted against it." — Hist, of Mass., ed. 1767, vol. 2, pp. 78, 79.
* Council Records, vol. VT., p. 301.
t Ibid, p. 303.
[Notes.] Province Laws {ResolveH e^c). — 1G93-4. 389
Hutchinson appends a note, which is an extract from a letter dated November 1, 1694
(which has already been quoted from in note • on p. M, ante), in which occurs the fol-
lowing passage : —
" It was very surprizing to me to see the laborious methods taken to ol>tain an address
from the general assembly liore, for the continuiiiice of fSir William in the government.
The opposers were gentlemen, principally of Boston, who were too near Sir William to
think well of him, but served in the house for several towns and villages, at some distance,
where some of them were born, and others had their estates and improvements above any
dwellers in the place for which they served. To bo rid of them all at once, a bill was
brought in, or rather a clause brought into a bill, that no man whatsoever should serve
in the house of commons for any town, unless where he did at that time live and dwell,
which passed with the dissent of 24, the whole house consisting of 50, and with some heat
in the upper house." — Ibid., pp. 79, 80, note +.
Chap. 7. This chapter is from council records, vol. VI., p. 313. It has not been found
in the archives. In the notes to resolves, 1G93, chapter 7, some account of the Indian mas-
sacre at Deerfield in June of that year has been given. The following petition shows that
timely measures were taken by the inhabitants to guard against such an attack : —
"Febr ye 18: 1692/3 To His Excellency S-- W™ Phipps Kn' Gou'' of y« Masathusets
With y« Hon'' Counsell & A Sembly in y" Great and Generall Court Conuened in Boston
The Inhabitans of y« Toun of Derfld in y" County of Hampshire Humbly petitionoth
this Honor'''' Courts Consideration of their present Aflictiue estate & condition as followeth
Hauing fo'' a long Time Been Much Eexcercised and at great Exspenses in purchaceing
and seteling our place anew and by reson of y feares and Haszards of ye aproaching of
enemies Improneing a great part of our Time In watchings wardings Scoutings and Mak-
ing of fortifications Besides y inevitable Loses and mishapps we now Meet with in our
Labors Both by y« Hand of God and .v Inconueneancyes of Improneing our Lands or
Labors in those times of tfear and Hazzard as aforsd to any measure of aduantage for sup-
port of our families and j<^ nesessary Expences of our town and Church and Heleife of
such amongst us as we are Bound in Contience to releive whereby we haue Been Exposed
to many straits and are Brought very Low and in a likely wa.y to come to Extremity so
that it becomes a question amongst us whether we haue not a Call to apply our selves To
this Honourabel Court for an order to desert y" place we being already Conuinced that if
we should Let out our whole accomodations To pay y Charges and take no other Rent we
should Be Gainers as at present things are Circumstanced besides y^ more Eeminant
Hazzards we are in of y^ Incursions of ye Enemie Being 13 : mile Distant Northward from
any of y' other towns In this County and a Litle Handful more in y Mouths of y« Enemy
aforesd being But about 50 men vpone y<= Considerations aforesd and many more too Large
here to number up we humbly Intreate that we May Haue such creedence from your
Honors and such help and releife as our nesesituous If not Extreame Difficulties Call for :
and Beinu heartily wiling to serue y* king and Queens Maiesties and your Honors as
Good and Loyall and obedient subiectes and Especially Christ and His Intrest in this
place satisfing our selues in j'our speciall Care and Readynes To releiue such (thinkimr
with allowance to hold it here a Little longer) places as are mostly Exposed as aforsd
Humbly propose that we might have a grant from your Honors out of their Maiesties
treasury In this prouince a sutable Supply of amunition we hauing no town stock : as also
an abatement of those taxes that are now called for In y year 92 and those yet to be
called for till such time (if eaer it be) we Recouer our selues from this low Estate we are
now in y" granting of wich mil much oblidge your poor petionrs and for your Honors Euer
to pray — . " Dauid Hoit
3d March. 1692/3 J^o Shelldek in y^ name
Simon Beaman of ye Town
Read and sent down." — Mass. Archives, vol. 112, p. 436.
Upon this petition the House, in March, passed the following vote : —
" In answer to the petition of the Inhabitants of Deerfield this house doe Judge it meet
and Requisite That a Coraitteo be Chosen out of the Towns Adjacent to be Joyned with
some meet persons of said Town of Deerfield who shall Mannage that affair, and sett men
to worke for the Repaireing their fortification for the security of the said Town, and that
some thing be allowed them for supply of Amuntition, all w^ to be payd out of the Treas-
ury of the province not Exceeding the sume of That the place may be maine-
tained, & not Deserted." — Ibid.
By the preamble of this chapter it appears that the Governor considered the above vote
of the representatives sufficient warrant for ordering the town to be garrisoned with a
force sufficient to maintain the line of fortifications asked for. The attack in June was a
surprise, and might not have been made, or at least not have been attended with loss to the
inhabitants, if they had availed themselves of the protection afforded by this line of works
properly and vigilantly manned. The Indians continued their depredations, during the
summer, as far east as Brookfield, whence a party of them was pursued and overtaken by
Cartain Thomas Colton, and lost some seven or eight of their number, killed or taken
oiptive. Immediately after this, traces of hostile Indians were found in the vicinity of
Deerfield by a small scouting party sent out from the town. A force of thirty men under
Captains Whiting and Wells (who proceeded as far as Northfield) confirmed the report
of the scouts. Northampton and Hadley were alarmed; and the apprehension of an
attack was so general that a proposal was made by Captain Partridge (in a letter dated
at Hatfield the first of August) to Major Pvnchon at Springfield, and by him trans-
mitted to the Governor on the same day, that for two months a party of forty or fifty men
be detailed " well equipped for such a design, to range the woods and make it their work
at all times to be out pursuing where they find or hear of an approaching or moving
enemy." In this letter Partridge mentions that the " Governor and Council, in their
390 ' Province Laws (Resolves etc.). — 1693-4. [Chaps. 8, 9.]
orders and provision for our parts, which was sent March last, did favor such a thing if
not to a greater number than the abovesaid." On this letter Pynchon made the following
endorsement : —
" For his excellency y« Gov" pt'sal in Boston." — Ibid., vol. 70, p. 195.
Two days before the Assembly convened, this session, the following petition, signed by
two of the inhabitants of Deerfield, — one being the Rev. John Williams, the minister,
who several years later was taken captive by the French and Indian enemy at the sacking
of the town, and the other, one of the selectmen, — was read in the Council. On the four-
teenth, it was read a second time and taken " under consideration in order to answering,
if it may be : " —
"To his Exelency S"' William Phips Kn' Cap' Gener"^ & Gov in Chiefe of y Maj^'s
Province of the Massachutes Bay: & to y^ Honf<J Councell and Representatives Con-
Tened In Generall Assembly
The Humble Petition of y® Inhabitants of Dearfeild in y County of Hamshier sheweth
That y<= s<J Town of Dearfd being a frontier town is liable unto and of late hath been
much Infested w'h the Incursions of o"" Indian Enemies to o'' Grate Impoverishmen' and
prejudice —
That : unless o'' distresed Condition be Considered by this Honrd Assembly and some
Assistanc afforded us : we must of nesesity forsake o"' habitations and draw off to some
Neighbouring towns
We therefore Humbly Acknowledging the Care & regard hitherto afforded us by yo'
Exelency : Doe pray that o'' part of the thu-ty thousand pound rate remaining yet uncol-
ected (by reason of o' Inability to pay it) may be remitted : and y^ s'' Town in future
taxes may be Exempted dureing the present distress : and that a Garrson of Eighteen or
twenty sould''s may reside w'i> us for o'' defenc — & ye security of sd County, and yo"" Peti-
tion'"^ shall Ev pray for yo"' Hone's : and Subscribe o'' selves yo"" Hon" most Humble &
oblidged seru'^
In y name and behalf of y» Inhabitants of Dearfd Jn" Williams
Joseph Barnard
Dearfeild Novemb^ 6«> \QQZ:' — Ibid.,p. 199.
The following paper seems to have been filed with the above petition : —
" An acomp' of the fortification made in Deerfeild by ord'' of warrant from Maj'' John
Pynchon, made in may 1693 : the messure or whole Compass of ye forte is two hundred
and two rods : vallued by the Comittee of the Militia and y select men : to be worth five
shillings p"' rod in money
Attests here unto Jonathan Wells Cap"
In ys name of y^ rest of y^
pr Joseph Barnard Com'" of Militia
inthenameof) 1 ^
ye rest of ye j °^'^°^'' "^°
Dearfeild Octob-- y« 6«i 1693
we haveing Intimation from Majf Pynchon in sd warant y' y was an ord^ of Court
Concerning o'' fortification y' we should be allowed out of o"' Country rates for sd work
doe therefore p"" sent this acco' to the Hon''' Court." — i6«"rf.,p. 200.
By the twenty-eighth, these papers appear to have been transmitted to the House, and
thereupon the order which forms the present chapter was passed.
Chap. 8. This chapter is from council records, vol. VI., p. 314. It has not been found
in the archives.
Arnold was the prison keeper and jailer at Boston during the witch trials and was
removed from office, it is said, for liberating, upon the warrant of Lady Phips, a prisoner
held on the charge of witchcraft : —
"... The good lady, />ropnrl«»-i!M<e, granted and signed a warrant for the said woman's
discharge, which was obeyed by the keeper, and the woman lives still for aught I know.
Truly, I did not believe this story till I saw a copy of the mittimus and discharge, under
the keeper's hand, attested a true copy, for which discovery the keeper was discharged
from his trust and put out of his employment, as he himself told me." — Hutchinson's
Hist, of Mass., ed. 1767, vol. 2, p. 61, note f.
He was succeeded by Caleb Ray, May 2, 1693. See votes, 1694-5, chapter 56, and
1700-1, chapter 40, notes.
Chap. 9. This chapter is from archives, vol. 48, p. 225.
Immediately upon the choice of a speaker by the House of Representatives in the first
General Court assembled under the province charter a committee was appointed by the
House to wait upon the Governor and request his assent to certain privileges, in imitation
of the proceedings at the close of the convention which framed the declaration of rights
presented to King William and Queen Mary for their approval upon accepting the crown.
The journal of the House for the year 1692 is not known to be in existence, but the
Secretary made the following record of this proceeding : —
" June 8, 1692. Post Meridian Several of the principal members of the House of Rep-
resentatives waited upon His E$cy acquainting him that they had made choice of Mi" Wil-
liam Bond to be the speaker of their House, whom they now came to present before His
Excy, and the Said Speaker in behalf of the House, prayed his Ex^y that there might be
allowed unto them the accustomed priviledges of an English Assembly, which they expected
as their due ; namely. That they have the Lilierty of a free, and Open Debate of all mat-
ters lying before them, and what they shall properly be Concerned in, That they be admitted
to have free access unto his Ex9y from time to time, as there shall be Occasion That no
member of the House, nor his Serv', attending upon him durimj the time of the Sessions.
and whilst they shall be going to or returning from the assembly, be any ways molested,
[Notes.] Province Laws {Resolves etc.). — lG'J3-4. 391
troubled, or arrested, sued or Imprisoned, Except in Cases of Felony or High Treason, all
which His ExcoU'y readily consented to bo granted them.
William Puips." — Council
Records, vol. VI., p. 223.
This was followed, (he next session, by the act of October 11th, setting forth general
privileges, which, however, did not concern legislative functions.
During the hrst Assembly of l(i!)3 there was some friction I)etween the Governor and the
representatives partly because of the failure of the House to ix'iss a bill* so regulating the
election of deputies as to secure a majority willing to protest to the crown against the Gov-
ernor's removal, and partly on account of certain differences lietween the executive and the
populai" branch in i-egard to the province treasurership. Sewall intimates that the Gov-
ernor dissolved the Assembly on account of the intractability of the House on these points.f
Of the deputies elected to the new Assembly in November, a bare majority proved
favorable to the wishes of the Governor, at least in the matter of the address. But har-
mony was not wholly restored between them and the Governor. The majority were evi-
dently jealous of the assumption, by the executive branch, of some of their prerogatives.
A doorkeeper and messenger had been appointed by the Council for the whole court, who
was of course amenable to the api)()iuting power. On the sixth day of the session the
following vote was sent up to the Council, where it was read, but no further action was
had upon it until the twenty-eighth : —
" It appearing to this house that without an officer appointed to Attend them the ))usi-
ness of this hoiise will be neglected, and their Authourity & priuiledges in danger of being
invaded ; It is humbly proposed to your Excellency & Councill that as sooae as possible
a sutable person may be appointed to Attend this house, that may be vnder the quallity
of a Serjant at armes; (as is accustomed in otii- nation & in other Plantations that are
priviledged with Such assembly s.)
voted in the Atfermatiue and sent vp to the vper house for their Concurrance
Boston Novfcr 13tji 1693 Natha'; Byfield speaker." — Mass.
Archives, vol. 48, p. 221.
Meanwhile, an important question as to the Governor's constitutional right to control
certain proceedings of the House arose upon the action of Phips in regard to a vote of the
representatives on Friday, the seventeenth, to adjourn to Tuesday, the twenty-first. The
following entries show how this difference was settled: —
"Nov. 21, 1693. His Ex'^'x Sent in for the House of Representatives, and acquainted
them he understood they had passed a Vote on Friday night last for adjourning of that
House for some Days, without any direction from himself, of which he manifested his
rosentm'. as an intrenchment on the Kings Prerogative, and the Power derived to himself
by their Majesties royall Charter to adjourn prorogue, or dissolve all Great, and General
Courts, or assemblies.
The Representatives returning to their House, sent in Majf Townsend, Doctor Allen, M'
Screven, M"" Jewett, and M'' Otis members of y' House to acknowledge their mistake in
attemitting an adjournment of their House without his E^i^y^ consent, and craved his Par-
don, declaring they should be cautious for future of any such practice." — Council Rec-
ords, vol. VI., p. 309.
"Nov. 22, 1693. His Ex^y directed Nathaniel Thomas Esqf , and the Secretary to
acquaint the House of Representatives that he accepted their acknowledgement made
Yesterdav bv their Messengers sent in, and would have them to proceed in the work of
the Court." — 76irf.,jo. 310.
A memorandum in Sewall's Diary gives some other circumstances of this case which
show the Governor's feeling towards Mr. Speaker Byfield, who had been an active mem-
ber of the opposition in the last Assembly, and who now led the party opposed to the
Governor's pet measure, — the additional bill for regulating the House of Representatives.
It is as follows : —
" Nafa. Nov. 21. Governour bids the Deputies goe chuse a new Speaker; which they
pray excuse for. Governour alledges as a reason, Speaker's adjourning their House from
Friday till this day without acquainting Him. By mediation the matter is compos'd, and
Wednesday morn, the Governour sends to them by the Secretary, to desire them to go on
with the business of the Court. Mr. Secretary is directed to enter their Acknowledgment
of their Error, and asking Pardon, and that would not practise in like manner for time to
come." — Vol. I , p. 385.
This was the beginning of a controversy which was finally settled by the explanatory
charter of 1726.
The Governor's adherents in the House succeeded in passing a vote on the twenty-fifth
of November, "that none be chosen Representatives but persons resident in the town for
which they are chosen, and having Free-Hold there. "J
This elicited a protest, signed by little less than half of the deputies present, and includ-
ing most of the larger freeholders and men of conspicuous ability in the House. ■J
On the twenty-eighth, the final draught of the bill for regulating the House of Repre-
sentatives — the first draught of which had been read in the Council on the twenty-
second — was passed by the House and concurred in by the Council; and, on the same
dav, a joint committee was appointed to consider the business proposed in the vote of the
House on the thirteenth, as appears by the following entry : —
* The title of this abortive bill was " An additional bill for regulating the House of Representa-
tives,"
t "July 15, 1693. . . . About noou Mr. Willard prays, the Assembly-men being sent for in.
Present! V after the Governour stands up and dissolvs the Assembly. Was much disgusted about
the old Treasurer, and about the not passing of the Bill to regulat the house of Representatives."
— Diar^i, vol. /, p. 380.
t Ibid., p. 386.
§ See note to legislative list, 1694-5, p. 44.
392 Province Laws {Resolves etc.). — 1693-4. [Chap. 9.]
"Nov. 28, 1693. Thomas Danforth, Jonathan Corwin, and Nathaniel Thomas Esq"
were appointed to Joine with Major Townsend, Capt Holbrooke, M"" Screven, M' Hirst,
and Doct^ Alline nominated by the representatives, to consider of the Power and privi-
ledges of that House." — Council Records, vol. VI., p. 313.
The report of this committee constitutes this chapter. Another seeming encroachment
on the prerogatives claimed by the House now began to engage the attention of the depu-
ties. This was the claim of the executive branch to order payment to the attorney-general
without a special concurrent vote of the House. This claim seems to have been put forth
in advance of any formal vote on the subject. During the former Assembly, Anthony
Checkley, who had held the office of attorney-general by appointment of the provisional
government which succeeded Andros's administration, and who had been reappointed by
Phips and his Council in 1692, presented a petition to the General Court praying to be
instructed as to his duty, and asking for " some competent satisfaction for the pains and
trouble" he had taken in the past, and should take in the future, in the performance of
the duties of his office.
This petition, since it was the beginning of a long and important controversy, is given
hereunder, in full : —
*' To his Excelency Sr W? Phips Knight Cap' Generall & Gov in Cheife of their Maj'»
Province of the Massachusetts Bay in New England And vice Admirall of the Same And
To the Right honi'able "W™ Stoughton Esqi'' Leif ' Gov of the Said Province, And the Rest
of the hon^ble Councel, And the honied Assembly Sitting in Boston June 1693 —
The petition of Anthony Checkley
Humbly Sheweth
That in the Yeare 1689 I was Chosen their Maj*^ Atturnie Generall by ye Gou"" Councel
& Asembly In which place I Continued, diireing that GouermJ And his Excelency
gr Wm Phips after he had Receiued the Gou^ment, his Excelency &' Councel was pleased
to Chuse & Comitionate me to that place, both in the former Gouerment & in this I haue
had much very dificall & troblesome Worke, In Indicting & Impleading A great number
of people, for flPellony by mui-ther Piracy, Witchcraft Rape Bm-glary And theft & other
Crimes, At Seuerall Com-ts in the Counties of Suffolke Essex & Midlesex, Seuerall haue bin
Convict & Executed, Some tryed & Acquitt, And others their Bills Returned Igno''amus
In this dificall Service for thu" Maj'" I haue borne my owne Expence (I haue not eate of
the Kings bread Exept at one Court Some few meales at Salem) but the Charge of my
Selfe & Horse And all helpe I haue paid my fees or allowance hath bin allmost nothing,
for them that haue bin Executed Some That haue made escape & Some that haue died,
haue had nothing, & for them that I was allowed any thing the fees was Soe low & the
number of the Psons able to pay Soe few, that I haue had Soe little that It would not bare
my Expence, I haue Indicted neer fower Score Psons that I never had any thing for my
Comition allows me to take as large fees as any of their Maj'» Atturny Generalls in their
Maj" Plantacons in America, but how it Shall be had I am Ignorant Thei'e is neither fees
nor Sallery Settled : which is a great discouragraj I am not desirous of great fees or a large
Sallery Soe as to be Inriehed by this place — But I humbly pray that I may haue Such A
Compensation as may Suport me in the dilligent & faithfull discharge of my duty. If this
honored Court will be pleased to Sett off my Rates, And allow me Some Satisfaction for
the time past. And Sett me Rate free & A Resonable Saller_y for the time to Come I Shall
be thankfull There is One thing more wherin I am Vnder'discouragm? I am Not Counte-
nanced in the Execution of my of my* Office in Severall matters which Conserne their
Maj's Intrest & the publick good, As Impleading Ships & Goods, which are Informed
against for y« Breach of Penall Stattutes, In these Cases I Canot be for the defendf because
I am y" Kings Atturny I must not plead against the King, And I may not plead for the
King nor for his Excelency the Gou'nor because the Informer Generall will not allow it,
This may be Injurious to their Maj'* & The Gou'' in Case and is Injurious to me I am
forced to Stand like mum Chance & Cannot be allowed to Speake or act for their Maj'^
Intrest allthough their Consernes be neuer soe 111 managed I pray this Ilono"" Court to
Consider & Settle this matter There be Seuerall other matters which I humbly thinke the
Atturny Generall ought to Intermedle in. As putiiig in Suite Bonds fortieted to their
Maj'sAnd moueing for Execution to pass against forfiters of Recognizanses And many
other matters which I had Rather receiue as the Comands of the Authority, Then Exert
my power in the Execution of — I am willing to Serue their Maj'^to my Vtmost, But
had rather be Called to my duty then to force my selfe vpou it,
My humble Request to this Hono'd Court is That yo" will please to Instruct me what
my duty is, And Incourage me in the doeing of it — The Incourugment which I pray for
is That I may Receiue yo'' Comands with fauo"' & ffreindship, And haue Some Competent
Satisfaction for the paines & troble I haue & Shall take & haue in the <Pformance of my
duty —
The granting of my Request will Oblige me to Serue their Maj'^ & this hono''d Court
Cherfully, & thankfully And to be Yo'" Exelencies & Y® honord Courts
Obliged humble Servant
ANTHONif Checkley." — Mass.
Archives, vol. 40, p. 278.
This petition was read in the Council on the thirteenth of June and sent down to the
House, where it was read once. What further action was taken upon it in the House, at
that time, has not been ascertained, on account of the loss of the House Journals ; but
that there was no concurrent grant to the petitioner sufficiently appears by the subse-
quent action of both branches. On the twenty-eighth of November, as appears by the
record, the following order was passed by the Council : —
"Nov. 28, 1693. Upon Reading the Petition of Mj Anthony Checkly their Majesties
Attorney General for this Province, sstting forth, that there being no Fees Stated, relating
to that office and no allowance having been hitherto made him
* Sic, t iSJc; defendaDt?
[Notes. j Province Laws {Resolves etc.). — 1093-4. 393
Ordered By his Excellency, and Council, That M' Treasurer do pay unto M' Attorney,
as a recoinpence for his past Service, the Sum of Sixty pounds. —
William Phips." — Council
Records, vol. VI., p. 314.
Another disbursement authorized by the Council and objected to by the House, con-
cerned military affairs. On the first of Deceml)er the Board passed an order for granting
debentures for the payment of the account of Captain March, for the services of himself
and iiis company in building the fort at Pemaquid* — amounting to £t30 lOrf. ; and on the
sixth, an allowance was made by them to the commissioners for managing the aflfairs of
the war, as follows : —
"Dec. 6, 1693. Ordered That the Commissioners appointed for raannaging the affairs
of Warr Viz' Barthd Gedney, Elisha Hutchinson, and John Walley Esqrs bo allowed,
and paid after the rate of one hundred pounds apiece L> annum for their Care, and Service
in that affair (the subduction of three pence V pound for all Suiiis by them passed by
debentures, or otherwise to accrue to the benefit of the Treasury,
And M'' Treasurer is also Ordered to pay them after yo Rate aforesaid fxom the Sixth
Day of April last, the Time of their appointment to Said Service
William Vuivs." — Ibid.,p. 319.
Upon this, the House immediately passed the following resolve : —
"Resolued That it is the undoubted Priviledge of the house of Representatives that
before any money bee raised in the Province they bee advised for what uses it is to bee
improved and that to imploy auy money from time to time raised by the Gen' Assembly
of the s'l Province for any other Uses then what it is directed to in the Act is a greivance.
That the imploym' of any money out of the pubiick treasury for the building and
maintaining the fort at Pemaquid was beside the intention of the Act for Raising the
thirty thousand pounds the Gen' Assembly not being thereabout advised or Consulted nor
any direction or provision made for the Same in the s'l Act ; and that their Majestyes bee
humbly addressed to take the Charge of the s'' fort and of port Royal more immediately
upon themselves. By the house of Representaiues
Boston xijr 6. 1693 Nath : Byfield Spe^jker." — Mass.
Archives, vol. 70, p. 217.
This was followed by a series of votes by the House, specifically disallowing the unau-
thorized charges, in Phillips's accounts, of the payments to Checliley and to the commis-
sioners on the war. These votes are given below : —
"Sabbat: 3<i Mar. 1693/4
Voted That the sixty pounds Charged in the treasurer acco' payd to M^ Anthony
Checkley attourney Generall in part of his sallery is improperly Charged and Do remain
in the treasury.
Voted That the two hundred and sixteen pounds Charged in the treasurers acco'^ as
payd to the Comm' for the warre is improperly Charged, and Do remaiue in the treasury
Voted that the Comm"'' of the warre bee allowed out of the pubiick treasury of this
Province the summe of one hundred pounds in money in full of their sallery for their
service in the time past to this time __
Voted that it bee huml)ly proposed to his Excy the Gov and Councill that for the time
to Come the Comm" of the warre may not bee appointed, to Reside in Boston, biit in the
severall Countryes of this Province who are to discharge themselves in their trust accord-
ing to the rules to bee stated by this Coiu-t :
By the house of Representatiues
Nathai- Byfield Speaker." — Ibid.,
vol. 100, p. 469.
At the same time the following bill was read three times in the House, " and passed in
the affirmative and sent up to his excellency the Governor and Council for their concur-
rence and consent; " and on the same day it was read in the Council, but it seems not to
have reached a further stage : —
" An Addition to the Act intituled an Act for setting forth Generall Priviledges
Whereas there have been misunderstandings and disputes Concerning the Priviledges of
their Majestyes leige subjects of the Province of the Massachusets bay, and whereas
upon the perusall of the Province treasurers Acco", it Doth appear that many applications
and dispositions of pubiick money have been made for other uses and in other manner
then the acts for raising the Same design or Contain, for the future preventing and Rem-
edying of Such like misapplications and for the asserting and securing the Liberty of and
Priviledges of their Majestyes Leige Subjects of this Province, bee it Enacted S^o That the
house of Representatives of the people of this Province bee and hereby is declared and
understood to bee a part of the Great and Generall Court or Assembly and that they have
and of undoubted right ought to have a freedom of Debate and Suffrage in all matters
proper to them as the Commons of the kingdom of Eng"! have and use, and that the
Choice and appointm' of all Civill officers not particularly directed to and enumerated in
their Majestyes most Gracious Charter doth of right belong to the Great and generall
Court or Assembly and is not to bee restrained to his Excy the Govern'' and Counall and
that So often as any money bee to bee raised and Levied of the people of the Province the
s^ house of Representatives ought particularly to bee advised what uses and improvem'
such money is to bee raised for. and farther bee it enacted that the appointment and
Establishm' of all Salleryes of any officers within this Province bee and hereby is deter-
mined to belong to the s'^ Generall Assembly and that no pubiick money bee or ought to
bee disposed of by his ES^ the Govern^ and Councill but for the uses and intents of
and according to the acts by which the s<J money is raised and that no money may or
ought to be drawn or payd out of the pubiick treasury of this Province but by warrant or
order of the Govern"' and Councill for the time bein?. Expressing particularly the act by
which the s'' money was raised and for what particular service the same is designed and
* See notes to resolves, 1693, chapter 7.
394: Province Laws {Resolves etc.). — 1693-4. [Chap. 10.]
to bee applyed pursuant to the sd act or acts and tbat if any treasurer of this Province for
the time being presume to pay out any money from the publick treasmy contrary to the
intent and meaning of this act other then contingent charges shall shall* refund the
same value out of his own estate any law Custome or usage to the Contrary notwith-
standing." — Ibid., vol. 48, p. 232.
Between the date of the resolves of the House against the payment of the expenses of
rebuilding the fort at Pemaquid, and the votes and bill last above set forth, the following
action was taken by the two branches of the Legislature, upon the question of their
respective rights and duties relative to the fixing of salaries of public officers and the
appropriation and payment of the public money : —
"Resolued That the Choice of all Civill officers not mentioned in y^ Charter, and the
appointment of Sallaryes for the Honabje Judges and other officers in this Provinc, doth
of Right belong to the Generall Court of this Province./& that the payment of moneys
out of the publicque Treasury, not perticulerlye provided for by the acts of this province
(other then Contingent Charges) is a Greivance
Voted in the Afiermatiue by the house of Representatiues
Boston Febry l&^ 1693/4 Nathav Byfield Speaker." — Ibid.,
vol. 40, p. 302.
" Feb. 17, 1693. His Excellency sent for the House of Representatives up & a Confer-
ence was had with them about the new Bill of Regulating of Trade with the Indians, and
some other Votes of that House relating to the choice of Civil Officers not mentioned in
the Charter, the [newf] appointment of Salary's, and the disposure of publick moneys,
which were then read.' — Council Records, vol. VI., p. 328.
"Feb. 19, 1693. A Proposal sent from the House of Representatives was read for a
Joint meeting of the whole court to debate of such matters as, are of difference." — Ibid.,
p. 329.
" Feb. 27, 1693. Upon a Motion from the House of Representatives That their Majes-
ties be humbly addressed referring to the Charge of the Fort at Pemaquid, Samuel Sewall,
and John Saffln Esq" were nominated to be a Committee with such as that House should
appoint to prepare, an address accordingly." — Ibid., p. 333.
" March 1, 1693. The Committee for the address about Pemaquid, presented what they
had done in that Matter, which with some alterations was sent into the House of Repre-
sentatives." — Ibid., p. 333.
Thus it appears that down to the first of March this controversy had nearly ended in an
agreement to join in an address to the crown to relieve the province of the burden of main-
taining the fort at Pemaquid.
Phillips's final account as treasurer is preserved in the archives, and neither of the
objectionable items is charged therein. His successor, however, rendered his first official
account under the following heading : —
" The Accompt of James Taylor Gent : Treasurer and receiver General of their maj'ie^
Revenue within the Province of the Massachusets Bay in New Engld in America by what
was standing out of the two first parts of the Assesment of £30000 within the several
County's as by AccoL' thereof rendred & list given transmited to me by John Phillips
Esqr late Treasul dated July 21tii 1693 and the whole of the last part or Collection of
si Assesment The Duty's of Impost upon all goods and merchandise imported. Excise
and other Duty's belonging to their maj'i<=s within the s"J Province from y^ 29'.'' June 1693
unto y<= 29']} June 1694." — Mass. Archives, vol. 122, p. 16.
In this account the new treasurer credits himself with the payment of sixty pounds to
Checkley, and £258 6s. M. to "the commissioners of war." For further action on
Phillips's accounts as treasurer see chapter 16, post.
The more important of the above differences were settled the next year by the bill in
addition to the act setting forth general privileges, J by which the House secured in the
form of an act all that was claimed for it in the first article of the committee's report which
is here made a chapter. Although no formal approval, by the Council, of this report, has
been discovered, it was duly recorded in their journals, by the Secretary, and on the
twenty-third of February following, Henry Emmes received his commission as the first
messenger to the House, as has been shown in note ** on p. 30, ante.
The act in addition to the act setting forth general privileges, however, was of short
duration, for it was disallowed by the Privy Council, December 10, 1696.
Chap. 10. This chapter is from council records, vol. VI., p. 315. It has not been found
in the archives.
The following is the petition upon which this order was passed : —
"To his Excellencie the Governor, the Honourable Councell and Representatives in
Generall Court Assembled—
The Humble request and motion of Samuel "Wheelwright by the desire and in the
behalfe of the Towns of Wells & York which Towns he is chosen to represent in this
great Assembly.
This Honoured Court is we doubt not very sensible of the great and awfull Providences
we have been & are yet laboring under ; wherby we have been deprived of the ministry
and through our great and extraordinary losses we are disinabled for the support of such
to preach the Gospel to us as we doe earnestly desire. Therefore wo humbly request that
this Honoured Court would so far favor us in our low estate as to incourage us with such
present maintenance of a minister in each place : as we when we have and shall do our
utmost may be short of, hopeing that it will not be long if the Lord continue peace and
* Sic.
t This word in not in the Secretary's copy of the records, but .ippears iu the Library series, in
ink evidently different from that used for the rest of the paras^raph.
1 1691-5, chapter 3. Compare this act with the abortive bill of the previous year printed above.
[Notes.] Province Laws (liesolves etc.). — 1693-4. 395
prosperity but we shall be able as formerly to maintaine the ministry amongst us without
any charge to the publick. your granting our request will very much oblige your peti-
tioners who shall as in duty bound ever pra,y &c.
The 15 of nov: 1693 Sam'-l WuEELWUionT." — Mass.
Archives, vol. II, p. 79.
Chap. 11. This chapter is from council records, vol. VI., p. 317. It is preserved in
archives, \ol. 70, p. 216. Thomas, the son of George and Deborah (Gardner) Colton, •
born in 1G51, was, for most of his life, a prominent resident of Springfield.
In the note to chapter 7, ante, some account has been given of Captain Colton's pursuit
of the Indians who made the murderous attack on Quaboag, alias Brookficld, in July,
1693. The following extract from the letter of Major Pynchon to Governor Phips, dated
July 29, 1693, which was referred to in the same note, gives some interesting details of
the attack and of the lirst rally to pursue the enemy : —
" The next day July y .28'-h or rather it was y 27*-" of July in y" night, about y" shut-
ting in of y" evening John Laurence fi'o Brookefeild came to me w'l' Tidings of Mischeife
done there The accot he gave was, y' about noone y .27'-'' of July, Joseph Woltot came
fro his owne house (w^i' was .3. or .4. Miles) to y« Garrison house w"' one of his children
in his armes crying arme arme, & sTi", he doubted his wife & other children were killed
by y" Indians, ho seeing .2. or .3. Indians after her, so snatcht vp y^ child & came away
himself being shot after & Psued only turned into a swamp & hid fro y™ : vpon w^i' rela-
tion of his. This sS John Lam-ence, being then at Owens House by y Garrison, resolved
to goe & se how matters were at his owne House towards & not far fro AVolcots : & in y^
way before he came at his owne Horn, found his Brother killed & scalped, & .2. Indians
making towards him, wherevpon he returned p'sently to y- Garrison, & staying there
about halfe an houre, hasted to Spriugfeild, telling me y' in y' time, none came into y«
garrison jjcsides Joseph Wolcot, & y' al there made but .5. men, who were in extreame
hassard If I sent not men to y" p'sently : In y Night not an houre after John Laurence
or thereabouts, came in here, a Traveller, one Cooke, who was goeing to y" Bay : saying
y' about Noone on July 27':*' he was at y-' garrison hoi^se at Qvabaug, went thence onward
toward y^' Bay, not knowing or hearing any thing, he being gon out thence just before
wolcot came in & when he came as far as Wolcots House, w'i'in .20. rod of it, he saw
many Indians y" .yard ful, stood stil a while, & seing noe english w"> y" mistrusted
y^ counted y™ to be at least 40. or 50. & so turned about his Horse to go Back, when
i>sently y Bullets flew about him as thick as Haile, so he hastned to y^ garrison, where
he stayed but a litle while & came to Spriugfeild, Telling mo y*' garrison was in grt Has-
sard, being but .6. men & noe ways able to Hold it ag' so many : AVherevpon I forthw"»
ordered .20. men out of Springf : 10. out of westleild y- next Towne al Troopers : sent Post
Immediatly to Hadly &r for as many more thence ordering their March to Qvabaug &
there joine o'f ^r, o''' I being vp al y Night) were got ready by Morning w'.h 8. yt came
fro westfeild about sunrising These .28. al wel mounted & wel fixed went togeth~ yester-
day to Brookefeild, Cap' Colton their Leader & for y'" also fro y vpp Townes; whom I
now this day vnderstand, attended my order rallying vp to y Number of .30. But could
not be ready so soone, & were after those fro Springfield : I feared (according to y Intel-
ligence I had) we were to weake, If they met not to Joine But now this day towards even-
ing a Messenger sent to me fro Brookefeild gives me this acco', Tliat those I sent fro
Springfd arrived there yesterday about .2. of y clock in y afternoone, finding y« garrison
wel c"t not touched, p'sently were vpon ye discovery, & finding noe Indians ImPved
besides some scouting them selves yt afternoone in Burying of y Dead ; They found Tho
Laurence dead, Jo.^eph Mason & his eldest son, Joseph Wolcots ^vife & .2. childi'en sixo in
al, w>i> thoy Buryed : .3. or .4. y sons not found, whether killed or caryed away, know not
When Cap' Colton had Informed this service yesterday being ye same day he went fro
Spriugfeild, feturning to y garrison about sundowne : the soldiers fro Hadly Northampt
&r came in. Just vpon w='' a man y' adventured out of ye garrison vpon ye Hils : spyes .6.
Indians as he su : came back & acqvainted therew* p''sently Capt Colton sent out to dis-
cover, found ye man to have spoken truth, -IPfectly discerning their Tracks in ye long
grass w"^^'' they could very wel follow, But it growing dusky & to darke to t>ceed returned,
& intended this Morning to take ye Tracks & >lr>sue ye eny my, who went Northward,
P baldly are Canida Indians, & y' yty wei» in ye French mans examenation (sent fro
Albany) were mentioned, viz .30. ready to come towards these pts vnder a cheife Indian
called La Plato, w^th lo. more to follow y"? & I suppose have bene about Dearefeild, but
finding soldiers &r durst not attempt there.
This Morning ye Raine pn^ented Cap' Coltons March after ye enymy, early as he
intended. But ye man (who is come to me), tels me, that it clearing vp, he was getting
ready & fitting to Psue y'", I Pray God they may overtake y^ enymy & haue good suc-
cess ag' them !
S" ye People at Qvabaug have sent to me by this man for advice whether to draw off or
stay there, drawing off wil be Ruinous to w' they have ; staying may be hasardous &
ruinous to their Vsons, They would draw off or stay according to order. Drawing off wil
be a publike dammage as in other respects so in respect of ye Road & for Travellers
continueing there will cal for some men to keepe their fortification it may be about .6. or
.8. may be sufficient: I reqvest yo'' Excels advice & order; & w' yo'* appoint shal be
exactly attended I vnderstand ye Inhaljitants are willing to l)e ordered one way or other,
& til yo' excel" Pleasure is knowne I intend only to appoint Cap' Colton to leave .6. or
.8. men, & so returne on Munday after he shal have finished his Psuit of ye Indians w^h
I hope this day or to Morrow wil be over, & Pbably yo'' may heare of ye Issue or suc-
cess of their ysueing ye enymy, by ye Messenger y' I shal order to bring this letter to
yo'' excel", before I can write againe: Pardon me y' I mention it a 2^ time. That I
reqvest yo'' Excel" order for continueing or dismissing I meane calling of ye Inhabitants
fiom Qvabaug : I desire y' w"^ is best may be done, & dare not determine it further then
to leave some few of ye soldiers 4. or .5. days or a weeke til yo'' order shal arrive me,
396 Province Laws {Resolves etc.). — 1693-4. [Chap. 11.]
I am ia al things desirous to doe j" best, & therein am safe in having order where &
when it may be had : w' I haue acted in y<' releife of Brookefeild as aforesu, y® Intelli-
gence I had, I thought called me to it, & trust it wil be acceptable to yo' Excel* wherew">
I shal conclnd craving i^don for my scribbling y" Post fro* Brookefeild whom I am hast-
ning back enforceing me in some measure therevnto 1 am excelent S'
yo"^ excellencys faithful & humble servt
John Pynchon." — Mass.
Archives, vol. 30, p. 336.
• In the same note, also, a brief extract is given from a letter, dated the first of August,
fi-om Captain Partridge to Major Pynchon, together with the latter's endorsement thereon
transmitting the same to Governor Phips. This letter, which gives a further account
of the later progress of Captain Colton in his pursuit of the enemy, is thought proper
to be inserted here. It is as follows ; —
" Hatfd* August 1 1693
Hono™i'i« Sl
Since yo''^ to Cap' Cooke w^^ he handed to me & I to Derefd wee have
(& yo' self I doubt not) y accompt of Cap' Coltons p'suite of y" Enemy from Brookfd
his returne & y<' success, w-'' from hence forward is matter of thankfulness, though y^
former in yo''^ Humbleing this Morneing early a post from Derefd gives accompt y'
besides 4 men sent out as scouts to lye out one night (Cap' Whiteing & Cap' Wells with
about 30 of their men went up to Northfd on Munday last in yo morneing, on y« east side
of the river intending fully to search those eastern woods of iS'orthfd of these no returne
as yet well if they light of those villans did y^ mischeife at Brookfield & give y'" a 2J
brush &c ; y former scout of 4 men w^'' return'^ Since Cap' Whiteing & Cap' Weils went
out give this accompt that betwixt Northfeild & Derefd they Light of new tracts w^h they
follow wide from y" Rhod wthey first discovered them & found w 20 men as they judged
had Lodged on Sabath day night & Comeing further nere about y falls aboue dearefeild
discovered tracts of as many comeing downward & after one in y path as if just before
y'" they were apt to thinke y Company might be about y® falls last night of w^h i forth
with gave warncing to N Ht & Iladly M'ho are upon there Guard & proposed to Cap' Clapp
we might with 20 or 30 men scour y® western woods : this night some of Hadly are getting
ready its s'^ if some come alsoe from N 11 I beleive this night some will out to discover &
meete y enemy if any to be found, alsoe sent back to Derefeild that some there might
Isjue out to make discovery if posible But y maine buisness I thought meete to propose
to yo"' Hono" Consideration is this (it being y mynds. of sever" have caused me to Get
Cop" Belding to Como down upon it) viz AVee are senceable y® enemy are sett upon
mischeife & in all likelihoods to doe it in small P'^^ scattering ynselves to alarme & doe
small exploites w'li y killing of men at their Labo" & watching for mischeifes w they
can doe it w'h most safetie to y™selves, w^i' may prove verry p'nicious to C weale & quiet
besids the Loss of lives w^^ are most to be prized. Therefore Wheather for two months or
thereabouts we might notj about 40 or 50 men well equipyed for such a designe to Range
ye woods & make it y'l" work at all tymes to be out p'sueing w"' they finda or heare of an
approaching or moveing enemy, if Cap' Whiteing can & will allow any of his men in this
service or if they may be pick' out of y" County it might easily be attained y® numb''
aforesJ but as to numb"" & nature & the whole buisness it is p''sented but as a proposi-
ti[oni5] & if I Remember Right our Gov & Counsell in their ord'^ & provission for o'
pt8 well ^as sent March Last did favo' such a thing if not to a great"" numb'' then y aboves<i
& doubtbss there will be as much needed now for 2 months or thereabouts as in all the
year' besides, yet desire to Leave all into y® hands of y all wise disposser of all things
who givs Limitts & Ijounds to all motions yea out of liell itselfo Begging yo"" worshipps
prays & ygr pardon for this boldness & Remayn* yo"" worshipps much ol)iidged serv'
Sam'-'' Parteigg." — Ibid.,
vol. 70, p. 19o.
The following final report of the whole affair was made to the Governor, by Pynchon,
on the same day on which he transmitted th3 letter he had received from Partridge : —
" Springfeild Aug.' Is' 1693
Excelent S"^
Last Night Cap' Colton fro Brookefeild, w"» ye soldiers I had put vnder his command,
came welHom, & supposeing yo'^ wil expect an acco' fro me of y<= enterprize, & because
somthings occur y' is of Publike concerne, I dispatch y Intelligence thereof by Post.
Having in my la^t given yo"" excelency y acco' of y attaqve of Qvabaug by some Pagans
w^'' made me send him out vpon y^ Vsuit of y'" &c, I shal begin now w'^ y acco' of his
expedition fro IBrookefeild alias Qvabaug, woh wil lead to whom were y assailants, on
satturday ye 29'h of July, Cap' Colton bej^an his March out of Qvabaug about .10. of y«
clock y' Morning (y Raine having det:uned him so late) w"' .42. men wel resolved,
having left .16. at y Garrison there^ bsc he knew not certainly y' j" Indians were drawne
off: to make sure worke, went to Wolcots House, whereaibouts y Enymy kept their
Randesvous, found their Tracks to goe through Wolcots Lot, followed y same & finding
it very plaine & y way good at first setting out, chearefully Im Pved it, soone came to y
Place where y enymy tooke vp their Lodging first after they had done y mischeife at
Qvabaug viz on thirsday Niuht last, w^ was about Ten miles Northerly fro. Wolcots
House, where thev killed Masons child w^^ they had tooke away, y Mother as also
young Laurence about 18. y of age, being then captives w'h yn, whore after a very smale
Halt, o"" men on y® chase, came nextly to y Place y'^' enymy as they suppose Dyned y
next day tlieir .2^. day fro Qvabaug, there they killed a Mare of H Gilberts w^''' tiiey had
taken to carry their Loads, & there also they had broken y Drum tak?n fro Laur~ Housa
* Halfield.
t Northampton.
X Sic.
§ Manuscript mutilated.
[XoTRs.j Province Laws (Resolves etc.). — 1693-4. 397
o"" Soldiers stil Psiiein^ came to a srt Pond ahout .30. milon or more off Qvabauff, wher
they found y cnymy LodRcd y' .2'] Niglit, Hero thoy found a Ilors of Masons killed, &
fresii Tokens of y'" their Fire not out &r, w'' Incuura,:?ed c Soldiers inueli, though y"
way now most Ilideons, somotinics s\vami)y, then stony & horihly IJrushy scarce passable
for Horses yet wont about 0. or .7. Miles further y' Salturday, all together, wtii their
Horses, But linding (hey could maky noo riddance in such way w"> Ilorso whom also for
want of shoDcs began to be lame, Being set for y^' dcsigne. They left al tlicir Horses &
men yt could not footo it: .19. men Cap' Colton dismissed or shortned his Number so
many, ordering y" to Bring y Horses after : The Cap' wti> y .23. most likely men
■Psueing y cnymy on foole, lightning y"solves of their Coates & w'liout victuals,
hastned away y If Possible they might come vpon y Indians before (or discover y" in
y) Night, i3ut Night came before any India" could be scene or overtaken, & y«
Capt having gon .7. or .8. Miles very Briskly in Bad way after he had left his Horse, was
forced to take vp lodging, not knowing How far off their Horses might be, y' could scarce
be got along in y' extroam bad way (tho y Horses came vp wti^in .2. Mile of y^ foote
yt Satturday Night w'' was y .3<) night yt y cnymy had bene gon fro Qvabaug)
In y" Morning being Lds day July .30* y IJrisk Cap' having men resoliitly Bent,
1!>swading y'selves they were here y" enyray & knowing their Horses would make a
Lumber, tho ho wanted his men, resolved not to stay, Butsets out early & very Privately
goes on in y' dismal way, by y' time he had gon about a Mile & halfe, camo vpon y
enymy in a most Hideous Thick Woddy place, where til wi'>in .3. or 4. Rods of y? they
discerned y"' not, til they heard y'" Laughing : Presently y= Cap' made signes to his few
men, to come vp and compass y'" about, who did accordingly, about .10. of his men only
just at his Heeles, y Place obscure, y enymy hardly to be scene having also cut downe
Bushes to shelter y-'selves yet made shot vpon yj? as many of o"* men as had advantage,
y^' Rest of o'' men also readyly coming vp gave their volly also, just as y" Indians riss vp,
being at Breakefist about sun a q'ter of an howre high, o"' men could not al make shot at
once, those y' at first had not opportunity did it at y Indians begining to Budge away,
none of o'' men failing : & y^' Indians not knowing or discerning y" til j« Bullets were in
some of their Bodys,"& others of y" alarmd by y volleys o'' men gave Run away, not
h iving opportunity to fire on o'' men, y Cap' says y enymy fyred but one Gun, tho some
of o'' soldiers say another was fyred & y' y Indian Qvivered so y' he could not hold his
Gun steady : However they al Ran away y' had life to doe it, p'sently at an Instant, &
in to such a hideous Thicket y' o'' men could not se or find an Indian more : o'' men killed
foure of y" certaine outright wCiye Cap' saw & is sure of, others & most of y soldiers
say there were .6. killed otitright w"' one y' being wounded, one of o'' men run vp to and
dispatched w"> his Hatchet
they have noe Powder for any occasion & their []?*] vision & plunder left Many of y"
were sorely wounded & noe doubt run into Holes to Dy, for o'' men say y° Brush
in many places was Bloody wch it was hardly Possible to'goe in, or make discovery &
Cap' Colton says he saw Blood on y^ ground as wel as Bushes; The Indians ran away so
suddenly being surprized that they left their Powder & Bal, some Judge al, not having
taken it into their hands y* Morning, though some of y"^ snatcht vp their Guns, also the
scalps of men got from y™ & burnt them o"" men brought away .9. Guns .20. Hatchets
.4. cutlashes .16. or .18. Homes of Powder besides .2. Barkesful neatly covered about
.15 or .25 in a Barke : o'' men here regained o"' .2. captives ye enymy caryed away, Masons
wife & young Laurence, & so returned bringing y" Back in safety : Leaving Plunder
w;'' they made vnserviceable not being able to bring it off: vpon their returne they met
their Horses come vp w"'in .2. miles of y" : But it was not Feazable to goe to y^ Place
^th ym^ & so returned noe more thether
The Relation of y woman Masons wife (for ye young man was tyred amased & Dul)
who is a lively & Intelligent woman is That these Indians yt were at Qvabaug were only
.26. of y"i : foure more of their company at first, went of fro y" say they belonged to
Canida, were fro Pemaqvid : Designed to fall vpon Nashaway but y' .2. of there scouts
whom they sent thether, brought y" word They were there watchfur& in a careful Post-
ure, whether they were there or noe some of y" Qvestioned, they fell out about it, could
not agree whether to goe, were stranger, & somt at a loss
at last vpon a high Hil climbing to ye Top of a Tree they discovered a house (wh if so
must be Laurence.') so bent their way to Qvabaug
Lay about yt Place six days, & at last did y Mischeife, would not goe nere j" Fortifi-
cation, told Tho Laurence If he wou'd tel y" truly wt men were in it, thsy would spare
his life. He told y" .6., Then pi'sently they knockt him downe & scalpsd him : she says
her husbd having noe weapon beato y" off wtU his hand only a grt while til they cut his
hand, & they were very cowardly afraid to meddle wth her, yt If she had any weapon
she thinks she might haue made her escape : many things she had of yn one of y" speak-
ing good English as yt an Indian called Capt John was a Rouge to yji & they wisht they
could come at him to cut him in Peices &r
They told her yt y Canida Indians had bene at Dearefeild above .2. Months since and
done Mischeife there, when they se ye English there goe agt their owne Indians, & ye
English suspected their Indians, & had Imprisoned .2. of y", though ye mischeife done
there was by Indians yt came from Canida who Presently returned after they had done
yt Mischeife at Dearefeild & were al got safe hom to Canida w^h I much wonder at & at
anotE thing one of ye soldiers a smith of N II : says yt one of their Hatchets he knows,
wel yt ha made it abotit a yeare agoe : They Inqvu'ed of her wt was become of ye Indians
in Prison she answered y™ shee knew not (for Indeed yt day they were in Prison)
They to'd her they would keep ye Lad yovng Laur: to carry their Burdens to their
cannoes & then would kil him, for they should goe .5. or .6. days on water & over a grt
lake like y" sea : ye last Night w^ she was wth them they told her they were wth in a day
& halfe or .2 d Journey of their cannoes, & now they cared not If 200 english came after
ym in yt Place, it was such a place yt they should there kil y" al, y' came to y™, &
* Manuscript mutilated.
398 Provin-ce Laws {Resolves etc.). — 1693-4. [Chap. 12.]
Indeed it was a dangerous place for o' men if Gods Fvidenc had not ordered it, yt yo
Indians saw y™ not, til y english yt went silently were vpon y'» & fyred first, to there
amasem' in being so sm-prized y' they run fr5 there armes & amiinition ; Tis God & not
o' .20. men yt hath done it, to him be al y>^ Praise, who orders things wel for vs remem-
bring mercy in ye midst of Judm'
I am to tedious, Pdon y« same, & accept of my real desires to be serviceable in rendring
ye best acco' :/ The woman being left at Qvabaug y« soldiers Horses being Lame &r thay
could not bring her of ; I haue al fro others, not having spoken w'h her myselt'e : I suppose
ye constable himse* (for want of a ready hand) wil be y^ messenger: he may give
accot of some Pticulars yt I have missed & I direct him to speak w* y woman, &
acquaint y5 If any thing more : y" People at Brookfeild desire a Garrison or to be fetched
ofiF I waite yo'' pleasure & am
yo' excelencys humble servt
♦ John Ptnchon." — Ibid., p. 197.
The following passage in Sewall's Diary gives the approximate date of the receipt, at
Boston, of the tidings of this successful encounter : —
"Aug. 4, 1693. . . . Capt. Colton's overtaking the enemy who did the Spoil at
Squabaog July 27, and killing 5 or 6 of them, bringing back 2 Captives, &c. comes to our
hand just now about." — Vol. I., p. 381.
The subject of compensating Captain Colton and his men for this exploit came up for
consideration in the next Assembly, when the following preamble and vote were passed
in the House, and sent up for concm-rence : —
"Forasmuch as Captain Thomas Coulton of Springfield with a detachment of about
Sixty men lately did considerable Service against the Indian Enemy, at the time when
they committed an outrage upon the Inhabitants of Quabaog alias Brookfield And it
being necessary to give meet Encouragement to such Adventures and succesful under-
takings. It's therefoi'e moved by the house of Representatives that his Excy and
Council would please to Order that there be paid out of their Maj'iea Treasury of the
Province unto the Officers and Souldiers then Imployed as a Reward of their good Service,
Tizt the Forty men that pursued the Enemy, the Sum of Forty pounds, and the plunder
recovered from the Enemy to be equally Shared amongs't them, over and above the Stated
pay.
Boston ^m.o Decemtr ib93 voted & passed in the AflSrmatiue and sent vp to his
Exc\ the Gouerr & Council for y Consent & Concurrance
Natha : Btfield Speaker." — Mass.
Archives, vol. 70, p. 216.
As originally drawn, the "forty" in Italics in the above vote was written "ten;" and
between the words " pounds and " were the following : "^^er head for Four Indians which
they kil'd." The following clause was written upon a separate paper and in a different
hand : —
" and that the twenty Soldiers who remained in Garrison at Brookfeild bee allowed the
summe of ten pounds money to bee equally divided amongst them." — Ibid.
Chap. 12. This chapter is from council records, vol. VI., p. 318. It has not been
found in the archives.
Permission to begin a plantation north of the Merrimac was granted by the General
Conrt of the colony in September, 1638, to Simon Bradstreet and his associates. The
next year the actual settlement was formed and the General Court named it Colechester.
Highways were immediately laid out and constructed and a division of the land among
the members of the company was begun. ,
One of the early settlers of Colechester, which name was changed to Salisbury in 1640,
was George Carr, a shipwright, who had been an inhabitant of the town of Ipswich for
. some years previous. In the Merrimac River, between Salisbury and the town of New-
bury opposite, are two considerable islands separated by a narrow passage, of which the
larger and westernmost, being actually occupied by Carr, was assigned to him by the fol-
lowing vote of the town proprietors, though it subsequently appeared that the General
. Court held that neither of the islands was included in the grant to the original planters : —
"Att a generall meeting of the ff"reeraen the 3'' of the k)^> mon : 1610 It was ordered
y' George Carre shall have the Hand where he now dwells : as well. Marsh as upland it
being the greatest Hand w'i'in the Towna bounds in the river Merimack ; w"i his 3 Acre
house Lott more or less lying upon the est of M^ Winsley house lott & upon the weast of
M^ ffrancis Doues house lott for the whole of his first Division." — Salisbury Town
Hecords.
For four or five years after the first settlement it seems that no ferry between Newbury
and Salisbury was established by authority, although " the highway leading to the ferry "
— prol)ably at Carr's Island^ is mentioned in the town records as early as 1639. At a
county court held at Ipswich on the twenty-fourth of September, 1644, the following orderf
was passed : —
" George Carr is appointed to keepe y« ferrie att Salisbury att the Hand where bee now
dwelleth for y« space of three years Fvided yt hee finde a suflltient horse boate & glue
dilligent attendance
The ferries are as follOweth vnder
fifor a man p'sent pay J — .
for a horse ....
for great cattle
Calues & Yearlins
3
8
8
3
[d:
■d:
d:
goates
hoggs
2
3
'd:
'd:
* .^ic.
t This is from a copy of a copy .attested by Samuel Symonds, recorder of Ipswich Court, and
Thomas Bradbury, recorder of Norfolk County Court.
J That is to say, cash down.
[Notes.] Province Laws {Remlves etc.). — 1093-4. 399
If p''sent pay hcc not itnido y' lico iiiiist booke* any ferries then a penny a pccce more
If any bee forced to swiniino over a horse for want of a great Ijoato they shall pay
nothing." — Mass. Archices, vol. I'Jl, p. 1.
Before the expiration of the tlneo years' limit in this grant to Carr, Tristram Coffin
of Newbury succeeded in getting the following authorization from the General Court, to
share this nionopolj' with Carr : —
"May 2(5, 1617. The Co'te doth grant Tristram Coffin to Iceepe an ordinary at New-
berry, & to retiiyio wine, paying according to ord' ; & also he is granted liberty to keepe
a ferry on Newbeny side, ov Merrimack, when the interest of George Carr shalbo deter-
mined, & y' Oeorg Carr shall have lib'ty to keepe his boate going on Salsberry side."
— Muss. Colony Records, vol. II., p. 194.
This competition proving injurious to Carr, he appears to have moved the town and the
Legislature for redress. It is certain that both the town and the Legislature agreed that
the latter luul the right to dispose of the two islands above mentioned, since, on the peti-
tion of the town, in May, 1648, the larger island, already granted by the town to Carr,
was formally granted to Salisbury, and the smaller island was " reserved for the country's
use." This vote or ordinance also cont'errod on Salisbury the right to maintain a ferry.
It runs thus : ^
"May 10, 1618. Upon the petition of the tovvne of Salsberry, the Co'to conceive it
meete that the little iland in Merrimack be reserved for the countryes use, & the greater
Hand to be given to the towne of Salsberry, reserving a sufficient high way for passage
of men & cattle, & that the towne may have liberty to keepe a ferry on their side."— Ibid.,
p. 240.
On the twenty-ninth of the next month the town, acting under the authority thus con-
ferred, passed the following vote : —
" Att a gen', meeting of the ffreemen the 29^'' of the i^^ mo : 1618 It was Ordered that
Mf Sam : Dudley, Mr Sam : Hall & Willi : Partridge sh'albe joyned to the prudentiall :
men for the settling of the IFerry Pvided they exceed not the space of seven yeare." —
Salisburi/ I'oicn Records.
This vote was followed on the eighteenth of December by an order granting the ferry to
Carr; viz., —
" Allso it was Ordered that M^ Carr should have the flfffy for fourteene yeares : uppon
the termes agreed on by those men appointed to dispose of the iferry." — Ibid,
On the second of February following, the town authorized Carr and Isaac Buswell to
apply to the inhabitants of Newbury to lay out their proportion of a way "from the
iiland to Mr. Clark's farm."
Having secured the exclusive privilege of running the ferry as against any other inhabi-
tant of Salisbury, Carr now applied to the General Court to be restored to his former
monopoly on both sides of the river. The Court while declining to grant this request,
extended to him the privilege of ferrying passengers from, as well as to, Newbury, besides
grantin;; him the use of the smaller island so long as he should continue to properly run
the ferry. A similar privilege with regard to ferrying passengers from Salisbury was
extended to Coffin, who still remained the ferryman on the Newbury side of the river.
These proceedings are thus recorded : —
" May 5, 1649. Keceaved a peticon from George Carr, tfor the setling the fferry at
Salisbury wholy on himselfe.
In answer thereto, the Courte conceaves it meete, and graunts that the petitioner, Georg
Carr, shall have the vse of Ilamm Iland so long as he doth or shall dilligently attend &
serve the country in keeping of the ferry betweeue Salisbury and Newbery, and liberty is
graunted him, as occacon shall •Ip'sent, to fetch any passengers from Newbery side, and
Mr Coffyn hath liberty to fetch any passengers from Salsbury side, as occacon shallbe,
that so the country may be surely served."-^ Mass. Colomj Records, vol. III., 2>. loo.
Not satisfied with this decision of the General Court, Carr, during the same session,
renewed his application for the exclusive control of the ferry. Upon this the Court
referred the subject to the decision of the next county court to be held at Salisbmy, as
follows : —
" May 7, 1649. On a 2'' motion of M"" Carr, the Courte judgeth it meete that the fiFerry
remaynes as now it is till the next Courte at Salisbury, against w^'' time experience &
sufficyent reasons may so appeare to the next Salisbury Courte as whereby they may
judge and determine of the setling and disposing thereof, either to one, the whole, or to
both, as it is, or they shall judge may best tend to the ease of the country, to whom this
Courte conferrs power to determine and order accordingly." — Ibid., p. 151.
At this stage, Carr proposed to the county court to connect the large for Carr's) island
with the Salisbury side, by a floating bridge, at his own expense, in consideration of having
restored to him the exclusive right to run the ferry and enjoy the profits. The terms of
his proposal are shown in the following order or decree of the court, entered at Salisbury,
April 9, 1650 : —
" Whereas by an ordr of y<= Gen^; Court bearing date May 1649. It is left to y" Deter-
mination of y next Court to be held at Salisbury for y® setling & Disposing of y" ferry
there according to w£ii order ye said Court at Salisbury Doth thus Dispose of y« said
Ferry first yt It shall Remain as it is att this present in disposeing of y" Town of Newbury
& ye Town of Salisbury for some space of time viz. Until there be a Bridge made over
from ye main to Mf Carr's Island over ye northermost branch of Merrimack River. And
Whereas George Carr doth here undertake & Promise in ye Open Court for himselfe his
heirs & assigns to make a sufficient bridge five foot wide with three strong Rails on either
* In other words, charge it, on account.
400 Province Laws (Resolves etc.). — 1693-4. [Chap. 12. J
side from one end of y Bridge to y" other w^ sufficient Causways in height above y«
high water mark Joyniug to Each end of y« Bridge y Causeways not Exceeding six Rods
at'both [ends] That passengers may pass & Repass drie to & from y" Bridge : and y" same
Bridge y said George Carr liis heirs & assigns shall continually maintain in good Repair
for & in Consideration whereof this Court doth settle & Dispose y whole ferry on both
sides of y" River to y" si George Carr his heirs & assigns from such time as y" said
Bridge shall be Built & Fmish'd & so long as it is sufficiently maintained & repaired & no
Longer — Provided always that in case y bridge ije in Decay (20.) days without being
repair'd if y season will permit notice being given him under y" hand of some magistrate
of y« Decay of it Then The said Ferry shall return again to Newbury & Salisbiuy as it
is now at present and ye si George Carr Doth farther Engage himselfe his heirs and
assigns to Keep sufficient boats for y« use of y" Ferry. While at any time y« Bridge
shall be iu reparing as before Express't and at all times for y southermost ferry so as no
Damage Come to y' Country nor any particular person by y^ Default of him ye said
George Carr his servants or Tenants & for y" prizes as it was last concluded of at Ipswich
CourT; it is left to three magistrates to Give Longer time for y® repairing of it than
is al)0ve Expressed if they shall think fit and in case y" bridge fall downe then y^ ferry
shall return as at present to Newbury & Salisbury untill such time as y^ bridge be built
again George Carr.
Entred in y^ County Court Tho. Bradbury
records for Norfolke page 13th.
Tho: Bradbury Rec;." — Suffolk Court Files.
The court, at the same time, passed the following order adopting and continuing the
rates of ferriage established by the county court at Ipswich, in 1644 : —
"The oi'der of Ipswitch Coxirt concerning y^ prizes of Salisbury fferrie made Anno:
1644 apeareing to this p'sent Court : This Court doth allow of the same ; & doth farther
Order yt y saitl Order shalbe recorded in y Court [Records belonging to*] y" County
of Norfolk." — jlirtM. Archives, vol. 121, p. 23.
Carr seems now to have applied himself to the task of building his bridge, — a work of
immense labor considering the rudeness of the tools and other mechanical contrivances
then in use, and requiring a comparatively large outlay of money.
Upon the completion of the bridge, the course of travel for the greater part of the year
would lie over it and across Carr's Island to a ferry-landing on the south side, whence boats
would ply to the Newbury side and at which passengers going north Avould leave the ferry.
The old course of the ferry-boats seems to have been through the gut or passage between
the islands, for which route the direct way had been preferred, across the island, either by
means of boats between the island and the shores, or on foot over the ice when the river
was frozen over. This route was convenient to Carr, since it ran past his homestead on
the island. When the bridge was completed it would become the preferable way for all
travellers, and, in order that there might be no diversion by running the ferry-boats from
Newbury on another course while the bridge was building, the legal voters of Salisbury,
on the twenty-eighth of February, 1652-53, took the measures shown in the following
entry in the town records : —
" Att a genl meeting of ye Towne of Salisbury It was ordered that Jno: Severance &
Willi : Partridg shall signifie unto y Towne of Nubery that o'' desiers are to have y
fferry settled, where the former passage was to goe through ye gutt so longe as it is passi-
ble : & when yt way is shutt up to have the passage over ye grat Hand : as also that ye
two men before mentioned shall have power wth y"" Townsmen of Nubery, or whom they
shall appoint to lay out ye Contry highway between their towne, & o''^ according to ye
gen] Court Order." — Salisbury Town Records.
Towards the beginning of the summer of 1655 the bridge was nearly completed. This
circumstance seems to have excited the fears or provoked the open hostility of some who
had evidently doubted the success of the enterprise. The only objection which was suffi-
ciently plausible to be urged against the tiridge was that it would offer a barrier to the
passage of hay-boats along that part of the river which it spanned. Accordingly, a peti-
tion setting forth tlie danger of this inconvenience was presented to the General Court,
whereupon the Court passed an order empowering the county court next to be held at
Hampton to require Carr to so construct his bridge as that it might be swung open during
the month of September, yearly. The following is the record of this order : —
'♦ May 29, 1655. In ans'' to the peticSn of seuerall inhabitants of Salisbury, itt is
ordered, that the bridge George Carr is building & providing for one part of Sallisbury
Riuer, being in such forwardnes, should continew, and maybe improoved for publicke
good, and the next County Court at Hampton is heereby impowered to order the same, so
that the transportacon of the poticoners hay bo obstructed as litle as maybe, and that the
sajd bridge be left fly for the month of September, that so the petiCohers may haue due
tjme to transport theire hay wthout any left or hinderance during that tjme; and the sajd
George Carre is to kcepe a sufflcyent ferry boate on that side." — Mass. Colony Records,
vol. IV., part I., p. 231.
At length the bridge was completed, and, on the twenty-ninth of June, Carr invited
some of the leading townsmen of Salisbury, including the minister and the county
recorder, to witness the success of his efforts, and, if satisfactory, to report to the author-
ities of Newbury that he had fulfilled his covenant and was entitled to the sole use of the
ferry. This certificate was promptly given, and ran as follows : —
" Gent. & respected ffriends Wee whose names are here under written being desiered by
0"^ loveing neighbor M^ Carr to take view and notice of y bridg w^'' y said M^. Carr hath
now built over y nofthermost branch of Merimack River from ye mayn to' this Hand
according to a covenant made between the court held at Salisbury & the said M.\ Carr :
* Manuscript mutilated.
[Notes.] Province Laws {Resolves etc.). — 1693-4. 401
weo do findo y" bridg now at this iT^sent finished according to y said covenant, & accord-
ing toy request of liim tlio said M^ C'arr, woe nialie l)old to signifie v" same untoyo''selves
tliat it may please your town as tlioy have formerly appointed a ferry-man to licep the
ferry on your side that now you would discharg y" sd ferry that so M' Carr according to
y» court order aforesaid may peacably enjoy y whole fferry
June y" '^O'i 1653 '^"^ • Buadbury RecLof the County
^ " •• ' Court of Norfolk.
Willi : Allin.
WiLi-iAM Worcester
John Clough." — Salisburi/ Toicn Records.
To put the fact of the fulfilment of his contract beyond question, but one thing more
remained to be done; and that was, to secure the approval of the county court. This
was accomplished on the fifth of July, when Carr had the happiness of welcoming to his
house on the island the presiding magistrate of the courts of old Norfolk County on his
way homo to Ipswich. The judge, who, with liis attendants, all mounted, had ridden
safely and comfortably across the narrow bridge, immediately prepared the following
certificate apparently intended for Thomas Bradbury, the recorder of the county, who
had already anticipated the action recommended by the judge, in the certificate of the
twenty-ninth of June^ printed above : —
" 5* month 5'.'> day 1655. Upon this day upon my return from the courts of Dover and
York", I camo with divers other horsemen that were with me over the float bridge of Mer-
rimac River which George Carr hath built and I find it fully sufficient for passage both
for men and horses, so tliat the former order of Salisbury court in reference to the bridge to
be built by the said George Carr and especially the last order of the General Court consid-
ered, I do clearly apprehend that the usual benefit of the ferry on either side doth of right
henceforth belong unto him and therefore the other ferryman is hereby required to cease
his ferriage usually unless he be employed by the said George Carr and for his use. I
conceive it is not amiss that you acquaint the selectmen of Newbury and Salisbury with
this that so they may be assistant to the Court order if occasion shall require.
Samuel Stmonds." — Ibid.
From this time forth, not merely for the remainder of the fourteen years of his grant
from the town, but as a perpetual franchise, under the order of the General Court in May,
1649, and the determination of the county court in April. 1650, Carr enjoyed the exclu-
sive right to convey across the river, passengers, stock and merchandise, between New-
bury and Salisbury. Besides Coffin's, other ferries had been started further down the
river, landing usually at Ring's Island, on Salisbury side ; but these now ceased, in accord-
ance with the general understanding of the meaning of the orders of the Legislatures and
of the county court.
The success of this undertaking gave Carr increased prestige with the General Court,
from which he soon received, as a token of appreciation of his services to the country,
a grant of the fee of Ram Island. The original vote, unabridged, ran as follows : —
"This Court doth Grant the Inheritance of Ramne Band to m'' Georg Carr & his
heires for euer. the magists haue past this wth Referenc. to the Consent of theire bretheren.
the deputs heereto :/ ^
22 Novembr 1655. Edw. Rawson seoret
Consented to by the deputyes
William Torret Cleric.'" — Suffolk Court Files.
These were not all the favors bestowed upon Carr by the General Court. In October,
1660, on his petition, the bridge was exempted from assessment for " the county and town
rates," so long as it "continues;" and he was granted one hundred and fifty acres of
land, to enjoy for the same period. This exemption was qualified by an explanatory
order, passed on his application in May following, by which he was declared free of all
taxes, except for the maintenance of tlie ministry, " by reason of the benefit that accrueth
to him " from the ferry and bridge,* .and that the bridge itself should not be assessed at
more than thirty pounds, he allowing the minister of Salisbury and his family to pass
and repass by the ferry, free of tolls.
Eight years later, Carr presented to the General Court a petition, which, together with
the Court's order thereon, is given below : —
"To the Reuered Governer Deputie Gouerner Magistrats & deputies of the Generall
Court now Assembled at Boston octotJ 24 : 1668 ; The humble moshon of George Carr of
Solsbery =
Humbly sheweth : That in may, Ann : 1649 = By reason of the Contryes Daramage
for want of read}' passage over Solsbery river ; The honored Generall Court did then rec-
ommend it to the care of the Courts in Northfolk, Giveing them full power to determine &
settle the ferries of that sayd River for the good of the Contry : And vpon much debate
& deliberate consideration The sayd Cour[ttJ was pleased to settle the sayd fferryes vpon
your poore suppliant; But vpon such a Condition as was A great Benifit to the Contry
(as is well knowing) Though very chargable to your sayd suppliant viz To build & erect
a bridg, over a large Branch of that sayd river of five foot wide, and sufl3ciently to be
rayled one both sides, wch did Cost your sd suppliant about 2 [0 Pf]'' And now of Late your
poore supplient haue binn at a great Dealo of further charge to p'"pare stuff to strengthen
that sayd Bridg (because the sayd County Courts 'V order of the Generall Court did
state & settle those sayd ferrys vpon your sayd supplyant as F their order doth appeare)
Now [nott] withstanding this former charge in buildig the sayd Bridg, & the [ t] charge
for further reperations : It was the pleasure of Capt Rob[ f] (to overlooke the sayd
Court orders which did settle the sayd ferrys vpo[nt] your sayd suppliant: vpon the
conditions as abouesayd) & to take his opertunytie towords the latter end of the Gen-
erall Court last (when [thef] perty Concerned was not p'sent to defend) To git a liberty
* That is, that he should be exempted from any tax on that portion of his income.
t Manuscript mutilated.
402 Province Laws {liesolves etc.). — 1693-4. [Chap. 12.]
or order a cbeef pt of tliis sayd ferry tojie taken away ; Therfore your poo[r*] suppliant
doth humbly present his case to the huuored courts cunsiderati [on*] Bcging their favour
in this his distress./ And if it should be thoug [lit*] fit & of nessessity by the hofiered
Court that thcr must be a ferry in that, pt of the sayd River : your poore supplient at that
very place haueing ground sufficient for a family : he is willing to order one of his owne
sonns (a man growne) to keep the same But to haue it ordered away from him ; after
purchesed at so high a rate as aforesd, that your sayd suppliant doth iuuch scruple; All
which he humbly leaveth vnto the houered Courts plesure subjectmg himself to thiir
determination Who doe & shall for ever pray for your Continved prossperity and [ *]
Yours in all humble siibm [ission*]
George Caer/
In answer to the petition of George Carre, the deputyes on p-'seall of the same, together
wth severall Court orders refferinge therevnto & also such Allegations as the petf p'sentg
of what charge he hath bin at in erectinge of a bridge, vnderstandinge also that the sd
pet."" hath convenient accomodation of land, at or neere the place where the now ffcrry is
to be kept. Judge meete, & this C'ourt doth hereb}' Advise the Court of that County, to
whom It was retFerd, that in regard It is not disposed of for longer then one yeare, that
the su fferry may be stated vpon the sd Carre, he keeping of It and vpon as equall termes
as any other will doe the deputyes haue past this desu'eing the consent of oj Honrd magista
hereto William -Torrey Cleric
27 (8) iGes Consented to by the magists.
Edw : Rawson Secret." — Mass.
Archives, vol. 121, p. 48.
Within two years of this last order Carr made the following application for a further
grant : —
"19: 3: 70:
The Humble desire of George Carr sen'' unto the Honoured General 1 Court now asam-
bled at Boston
Sheweth
That wheras there is a Covenant by order and act of the General 1 Court that I the saide
George Carr, my hekes &c am to make and maintaine a Bridge for passage as alsoe a
boate upon Salsberrie and Newberrie River tor fferiage wch saide Bridg hath beene Erected
and maintayned as alsoe a Boate acording to Covenant wt'iout Complaint, Now soe it is
that upon ocasion of a New towne Erected now Called Amsberrie there is another flferrie
Erected and was improved for a time at a Lower rate then Can be aforded that is to say
at two pence V man and foure penoe I' beast the thing not being worth Lesse then Nine
pence V both and acording to what he that was Imployed therein Confeseth who also saith
that if he might have tenn pounds more then the proffitt he would not Ingage thereto
besides this fierrie Cannott be for the whole yeare, but only for the sumer, yo'' Complain-
ant hath beene at verie deepe Charge as doubtlesse is apparent, doth humblie declare him-
selfe to yo"" Honoured selves, that as it is Contrarie to Covenant (as he Conceives) it being
still Salsberrie and Newberrie, how Ever now a pt Called Amsberrie that the agreement
and order of the Generall Court is still in force and noe new fferrie to be Erected w'l^out
his Consent and profitt thereof
ffurthermore whereas formerly I have beene satisfied by the Treasurer for the magis-
trates deputies Si,'^ Now they would Exemt them by w^h a deep Losse is more imposed
upon me, moreover my Request to the Honoured Court is that whereas acording to
agreement there is one hundred and fflftie achers of Land alowed, and not as yet received
onely there are two small Islands Called by the name of Deere Hand and Eagle Hand
Containg ten Achers and 28 Rodd both, w^'' if the Honoured Court see good to alow them
in pt it shall be accepted by me Soe nott Doubting of j'O'' honoured selves in a just redresse
fFor whom I shall for Ever be obliged and pray, yo"-
George Carr." — Ibid., p. 52.
In signing this petition his wife appears to have joined, but her signature was cancelled
before it was filed with the Secretary.
1 lie deputies deemed it i>ropet to postfione action upon this petition until after the town
of Salisljury had had an opporttinity to be heard thereon. This appears by the following
memorandum at the foot of the petition : —
" The deputyes Conceiue that the former pt of this pet relating to the fiferry hath bin
already settled, & as to the Confirmation of the Hands, they Judge meete It be respited
vntill the next session of Court & that Salslrary haue due notice giuen them of this order,
to Attend the Court if they se cause_with refference to the Consent of oj Honoiis magists
hereto ' William Torre? Cleric.'' — Ibid.
That the town received due notice of this application appears by the following order,
which was passed two years later : —
" May 15, 1672. In ans^ to the petition of the inhabitants oi Salisbury, as also that of
M'' George Carrs, it is ordered, that Deare Island & Eagle Island, petitioned for as to the
propriety remajne the countrys, the timber & trees to be for Georg Carr for the vse of the
bridg, till this Court take further order; the herbage of them, w'li liberty to cutt doune
brush & vnderwood to make pasture for sheepe, to be to & for the vse of the sajd toune of
Salisbur3^" — Mass. Colony Records, vol. IV., part II , p. 530.
With his petition Carr filed the following certificate by the "lot-layer" of Salisbury,
showing the area of the two islands, according to his measurement : —
"may the 17 d — 1670 I raquested bey mr Carr too marser tow Illedes that was caled
eagel iiland and dear illand wich was ten eackeares and 28 rod or thar abovtes I say
measerd bey me, AVilliam buswel
wilnes James Carr. lott layer." — Mass.
Archives, vol. 121, p. 52.
* Manuscript mutilated.
[Notes.] Province Laws {Resolves etc.). — 1693-4. 403
In the mean timo Carr's right to the exclusive control of all ferries bctweeen Newbury
and Salisbury was affirmed by the (icncral Court in the order subjoined to the following
petition relating to the ferry across the Merrimac, ai)ovo I'owow River: —
"To the Hono'*'" the Goiilnof deputie Goiinof Assistants & Deputies in Gene"'" Court
assembled, May igth 1669:/
The petition of George Carr Senio""
Humbly shewing That According to Agreem' made with the County Court at Salsbury.
by virtue of power thereto derived from the Genc^" Court Sitting in the moneth of May —
Ann" Dom 1649 (as by the records thereof may appcarc) Ingaged for himselfo & Successo"
to provide passages for Travclle"^" over Two branches of merrimack river, by pformance
whereof yo"" petitions hath laid out a great part of his estate in Sundry Rodds of made
wayes on Land, with a Floate-Bridgo above Two hundred & seventy foot, with y'= faule,
in length. Besides Boats &. Servants to attend them on all Occasions. And all this on
Conditions following: First. The benefit of the fferry on both Sides, vizf Nuliery Side
& Salsbury Side : Secondly, that the passengC'* Twithout any exception, of any order or
Degree (if men) to pay for each man III'{ for eacn horse VIII'' for great Cattle VIII<i -p •
hsad, Calves & yearelings Hid \y head, Hoggs III<i V head, Goats II<* V head p''sent
pay, & if Booked a penney ou each head more then aforesaid (as \>y Recoard may appeare,
notwithstanding w<^'' Agrcem' yo'' petitions hath been, & is like to be much damnified &
Disappointed of his Covenant in Sundry respects vnless releife from this Hono"*^ Court be
seasonably to him extended; fflrst, the payment for Sundry the Hono''"J maiestrats C'rt.
is after sundry yeares Discharged thereof by the County, now of late since Aprill Court
at Salsbury in 69 : is denyed upon y^ Law. titb Ferries, of the law the Agreem' is wholly
Silent, & to be abridged there by after XXIIII or XXV yeares enjoym' is altogether
beside & beyond yC petitioned expectation : Secondly there is another fferry satt up in ye
yeare 68 : ouer Merrimack river w^h cloth & may take away many of yo'' petitionee pas-
senge" Especially in y Summc" Season where as in the winter they are not able to Serve
the Cuntry but my ferry is then and at all times passable, though with much charge to
yc petitione"", w"^^ new ferry if not put downe yo'' petitione'' shall be made vnab'e to uphold
his ferry by reason it will be a diminucion to his estate. Thirdly. The minister of Sals-
bury. (without the Consent or Knowledg of yo^ petitione'') by the Gene'^ Court (as is
alledged) in the yeare 1661 made ferry fi-ee w'h his family from time to time, w^i' beside
the dammage toyo' petitione & his posterity may prove presidentiall for future diminu-
cions of yo'' petitioned' right on the accompt of fTerriage. w^h hath been & is maintained
usfuU though by my great expence as a fore said :/w<-''' what it hath been & now is in part
obvious to all. & how conveniently stated for the use of ths Cuntry & carefully Attended
for the Comfortable & Speedy accomidation of passenger many of this Hono'''^' Court
doth know. The p'misses Considered. The humble petition of yo'' petitione'' is, that
some speedy redress may be to him extended, as in yc wisdom yo^' shall judgjust &
Equall,
Soe shall yo'' petitione be bound, as duty binds him dayly to pray for yo'' Psperity :/
Youre humbie Seruant
Georg Carr
In answer to this petition. Having heard Geo Cars allegations & Pused severall court
orders referring to y<= case : We coiiceive that the Petitioner ousrht to haue his covenant
made good according to y order of Salisbury Court. 9'.h 2.^ M'> 1650 to haue y whole dis-
pose of y« sd ferry on both sides of y« River, There being noe complt of deficiency of ye
Bridge or of Cars attendance by Boates or otherwise. But contrarywise desires from sev-
erall select men of y« continuance thereoff in his hands, & therefore can se noe ground to
allow of J" setting vp another ferry [there to y<= p''judice of y" Petitioner : And as to his
Allegation of Magistrates freedom fro* feridge we find y' yo Law Pviding for y'. was
before Salisbury Courts Letting of ye ferry to Car, & therefore if that court haue made
noe P'vission about it, we suppose it must fall vpon yt County to beare & allow Car
what is Justley due for such feridge or passages.]
May 25 : 1669 " John Ptnchon
Edw: Johnson
William Parke
The deptityes approue of the returne of the coinittee to the lines drawne with this Addi-
tion, ' there but Judge liberty may be graunted to sett vp a fferry or fterryes in other places
on that riuer vse full for the country & for liberty of magistrates & deputyes to pass
fferrey ffree as It was by law settled before the agreement he made about the sd fferry &
which he excepted not agaynst then, se not any reason why he should be considered
about It now & all with refference to the consent of o^ hono''_'J magists hereto'
"William Torrey Cleric.
Consented to by the magists. and that the sayd George Carr haue the refusal 1 of keeping
the fferry at or abt Powwaw' riuer ho keeping & Attending on it for the ease of the Coim-
try & on the same termes that it was granted to him yt now keeps it by order of ye county
court at Hampton or Salisbury : their brethren the deputyes hereto Consenting. =
26. may 1669 Ed'^v : Ra-\vson Secret
Consented to by the deputyes
William Torrey Cleric." — Ibid., p. 49.
Near the close of King Philip's war the General Court, impressed w ith the importance
of keeping open this gate to the eastern country, — through which soldiers, both foot and
horse, were frequently passing and repassing, and the convenience and security of which
was an encouragement to settlers north of the river to remain on the frontier, — passed the
following vote establishing a garrison for its defence : —
" May 5, 1676. In answer to the request of George Carr, Seii, who keepes the ferry ouer
Merrimack Riuer, the securing whereof for the coinon passage of poasts, souldiers, &
travellers, & variety of other occasions, is of ver.y great concerment -vnto this colony,
which, if neglected, may proove eminently ^judicial & dangerous to the country in gen-
404 Province Laws {Resolves etc.). — 1693-4. [Chap. 12.]
erall ; for preventing whereof, it is lieereby ordered by this Court, that the sajd Carr, ship-
wright, shall haue a garrison, & the full number not exceeding seven men, free from
impresse, prouided the sajd Carr doe mainteyne his garrison & the sajd men at his oune
propper & peculiar charge, and those seven men be constantly kept for the security of the
ferr}', & the names of those persons so improoved to be returned in to the majof of that
county." — Mass. Colony Records, vol. V., p. S9.
Thus encouraged by the General Court, and largely patronized by settlers in the neigh-
borhood as well as by the increasing number of travellers between the Bay and its eastern
frontier, and being especially convenient for the passage of soldiers sent to defend the
frontiers, the ferry proved to Carr a veritable bonanza, — enabling his children to marry
into families of comparative affluence or superior rank, and largely increasing his estate.
Upon his decease, which occurred April 4, 1682, his effects, personal and real, were
appraised at from eleven hundred to fourteen hundred pounds, which, in New England at
that time, was exceptionally large. " The great ferry on both sides of the island, and the
bridge and privileges thereunto belonging, with three acres and a quarter of land, as it is
, bounded on both sides of the ferry lane," (appraised at four hundred and five pounds)
were assigned to two of the sons of the intestate, Richard and James, by a committee
which was appointed by the county court to make a division of the estate.* These two
sons of the old ferryman seem to have agreed that James, alone, should attend to the
ferry.
The site of the old ferry was well chosen. On the Salisbury side it was at the end of a
ridge of upland which came nearly to the river and extended back to the town, and so
was very convenient for a highway. The land of Carr's Island, opposite this, was generally
dry, and the Newbury shore afforded several good places for receiving and landing the
passengers on this ferry. Another natural advantage of the place was that the gut
between the two islands protected from the force of the current, for a consideral^le part
of the way, the boats that crossed the river both ways. There was, however, one objec-
tion to this site which became more formidable as the towns of Newbury and Salisbury
increased in population. This was the remoteness of the ferry from the line of the old
highways in these towns, which was considerably further east, requiring a deviation, in
gomg by way of the ferry, of some two or three miles. During Andros's administration,
when less reluctance was felt than formerly to disturb the doings of the old colonial author-
ities, advantage was taken of this inconvenience to the travelling public to apply for the
establishment of a new ferry. The principal mover in this project was John March, after-
wards distinguished as an officer in the Indian wars, and who had opened a tavern near
the river on the Newbury side something more than a mile below Carr's ferry. A ferry
from near his tavern to King's Island, which was a rocky headland on the river side of
the Salisbury marshes opposite, would considerably shorten the distance between the old
settled parts "of the two towns, provided a sufficient causeway should be constructed over
the marshes, to connect this " island " with the upland, beyond, upon which were the
meeting-house and the principal village. Apparently, March was prepared to offer to
build this causeway, if that should be required of him as a condition of the grant. But
he chose to base his claim upon his offer to reduce the rates of ferriage. Accordingly,
he presented to the Governor the following petition : —
"To his Excellence S'; Edmund Androsse Kit: Captaine Generall & Governour in
Cheife in & Over the Territory & Dominion of New Ehgr./
The Humble petion of John March
Sheweth That yo' petitioner is an inhabitant of the Towne of Newberry in ye County
of Essex within this Territory) and keeps the Ordinary there. That yo'': petitioner live-
ing Conveniently near y<^ water side hath beene frequently soUicited & is dayly by Gentle-
men travelling that way & also by the inhabitants of y Said Towne & the Townes
adjacent to Ol^teine yo'' : Excellencys Grant for the keeping of a fferry from y^ s'^ Towne of
Newberry to y Towne of Salisbury which will be a Coiiion Convenience to all snch
Travellers as shall passe that way & likewise a Considerable advantage to the sd Townes
Of \vhich yo"' : petitioner hopes yor Excellence will be more Vticulerly informed by severall
Gentlemen who have lately rode that way & Experienced the Conuenience Such a flferry
will be Therefore./
May it please yo'': Excellence to Grant unto yo"": petitioner Liberty to keep such a
flferry from y s'^ Towne of Newberry to the sd Towne of Salisbury which yo'' : petitioner
Pposes to Doe for halfe the Charge of the Old flferry And yo^ petitioner shall Ever
pray &c./ John March." — Mass.
Archives, vol. 127, p. 157.
This petition was read in Council on the twenty-third of September, 1687, whereupon an
order was passed " that a copy thereof be sent Mr. James Carr, and that he appear before "
the Governor, in council, on the next Wednesday, to show cause why the prayer of the
petition should not be granted.
On the day appointed for the hearing, two papers from Carr were considered; the
former being a brief statement of his case in answer to March's petition, and the latter, a
petition dated the day before, praying to have the ferry continued and confirmed to him
as it had been to his father. These papers are given hereunder in full : —
" A Briefe State of the case of James Carr Relating to Salisbiu-y Ferry.
The Ferry was granted unto and Setled upon his Father George Carr and his heires by
order of the Generall Court in the year .1650. upon this condition that he did make and
maintain at his own cost a sufficieiit Bridge over from Carrs Island to Salisbury Side, and
make up Causewayes for comveniency of comeing and goeing to and from the same ; And
also keep and attend with Boates and "hands for the Ferrying over passengers, Travailers and
their Horses &ca from the Island to Newbury Side; : Upon which encouragement and in
confidence of the security and goodness of said Grant, the said George Carr disburst of
* The report of this committee was recorded at Ipswich, September 25, 1683.
[Notes.] Pkovince Laws (^Resolves etc.). — 1693-4. 405
his own Estate for the makeinj? of s* Bridge and Causeways &ca to value of Two hun-
dred pounds or thcrcal)Outs and the 'same hath ever since Ijccn maintained by himselfe
and his hcires at his and their own charj^o for the service of the publique and also of par-
ticular persons and to sencrall acceptation. And at the decease of s'i George Carr, the
bciictit and privilcdgo of said Ferry with the Bridge and two acres of Land was estimated
in the Inventory ot his Estate at the value of Four hundred and Five pounds without
Boates or Cannoe, and accepted at so much in the distribution of said Estate by the said
James Carr and his Brother. And for as much as John March of Ncwl)ury under pretence
of a publique benefit for the ease of Travailors, shortning the way &;' though rather as
may be thouglit seeking his own private interest and advantage to draw Custom to his
house (being an Innkeeper) hath been moveing and solliciting to obtein a grant of a Ferry
to be kept by him to pass from his house ; which will occasion a considerable charge in the
procureing a highway thereto tbrough severall proprieties, and makeingup of Causewayes
for couvcniency of comeing to and "from the Boate (as is already done at the old fferry
place) and maintaining the same ; which charge the said March (as is Informed) by the Bond
required of him is not obliged to bear; But onely to find Boates and hands at all suitable
Seasons to carry over passengers ; which can Serve but at such times onely as the weather
is moderate. For in very high wind's and tempestuous Seasons it wilbe both difficult and
dangerous to pass the River at that place, and in the winter time is oft times impassible
by reason of Ice, as upwards of Forty year's experience hath proved ; And it wilbe very
burdensome and the benefit not answerable to the charge of maintaining the Bridge and
Keeping Boates and hands at the old Ferry place for the transportation of passengers onely
in bad weather and at such Seasons when they cannot be Ferryed over else where, which,
must of necessity be still continued, or otherwise there will very often be a great delay
of Travailers and obstruction of the passage to the generall prejudice of the Country. —
This humbly ofiFered to consideration By
James Carii." — Ibid., p. 50.
'< To his Excellency Sf Edmond Andros K?.' Captain Generall and Governour in Chiafe
of his Majesties Territory and Dominion of New-England. —
The Petition of James Carr of Salisbury./ — '
Humbly sheweth./-
Whereas yo"; Pet^s Father George Carr in or about the year .1655. at his own cost and
charge did make a Swing Bridge over the Northerly Branch of Merrimack River
between Salisbury Town and Carrs Island; with causewayes above the high water
marke at each end of the sp" Bridge, for the ease and accomodation of Travellers, and
himselfe and yoj Petj since his decease at their great charge and expence have ever
since maintained and repaired the s* Bridge and Causewayes, being encouraged thereunto
by the former Government ; and in consideration whereof the Generall Court did grant
unto the s* George Carr his heu'es and assignes and Setled and disposed to them the whole
Ferry on both sides the si. River and profits from the time of the building & finishing of
the s* Bridge, for so long as he or they should sufficiently maintain & keep the same in
good repaire, and the fFerrage was stated and Setled by order of s* Court; which Ferry
hath been accordingly kept and duely tended for the benefit and Service of the Country
and to good acceptance and Satisfaction of those who from time to time have had occa-
sion to use that passage, for ought that your Petj hath heard to the contrary thereof; &
haveing now for so long time been Setled and customed and yof Pet^ imployed therein
hath diverted him from other Imployment; resting upon the s'} Grant doth principally
depend upon the afores^ priviledge and benefit of the same for his support & liuelihood. — .
The premisses considered yo.r Petf humbly pray's yop Ex^^p Favour, That, yof Excy wilbe
pleased to continue and confirme unto him the abovementioned Grant ; And is humbly bold
to Suggest That for the ease speed & conveniency of Travellers if yo^ Excellency shall
thinke fit, that the Highway may be laid from the Bridge by Thomas Thurrells in New-
bury to George Marches and from thence to mr Woodmans ; which will save neer three
miles Riding of what it* is the usual Road, & be much better way and eflfected with a very
inconsiderable charge,to a publique benefit and advantage. Yo^ Petr shall with all humble
thankfulness acknowledge yo^ Ex^ya Favour in the granting of this his Request, and at all
times express the same in a readiness to yor Service And as in duty bound for ever
pray &ca —
27i Septembr 1687. James Carr." — Ibid., p. 1 63.
Thereupon, without fui-fher delay, the following order was passed : —
" Att a Council! held att the Councill Chamber in Boston on Wednesday the 28* day of
September 1687.
Present.
His Excellencyo S£ Edmund Andros Knt &ca
Joseph Dudley Peter Bulkley Nath : Clarke
Wj? Stoughton Esqi2 John Usher Esq;;^ Edw : Randolph Esqjif
Robert Mason. John Hincks. "" Fran: Nicholson. ""
Upon reading this day in Councill the Peticon of John Marsh of Newbury about a new
Ferry from Newbury to Salisbtiry to be kept by him neere his dwelling. As alsoe the
Peticon of James Carr of Salisbury about his right to the swing bridge and old Ferry there.
Referred to the Justices of the Peace in the County of Essex to examine the offers and
allesiacons of both the Peticoners and forthwith to reporte to this Board what they con-
ceive therein to be most suitable and convenient for Travellers and the publique service of
the Country." — Executive Records of the Council, vol. 2, p. 142.
The justices to whom the whole matter in controversy was referred made the following
report : —
"Newbery. 6~ October 1687
May it Please Your Excellencie
We the subscribers hereof, in Observance to the Order of your Excellencie and Councill
to heare the Severall Alegations of James Carr of Salisbery & John March of Newbery. in
* Sic.
406 Province Laws {Resolves etc.). — 1693-4. [Chap. 12.]
Reference to keeping a ferry for transportation of Passengers and incourageing CommercG
between y-' s^ Townes, uppon hearing there Severall allegations doe report untoyo~ Excel-
Icncie that we Judge the Proposalls of John March for keeping y» s^' ferry from his dwell-
ing house to Salisbery side, to be very rationall; and that it will' be for the Conveniency of
Travellers advantage of the Publique & generall Service of the Country ; Provided the
s'' John Majrch (or whom yo~ Excellencie shall please to graunt the keeping of s^ ferry
unto) be Obleiged to make a good Corseway On Salisbery side to the Place where thay
take Boat, and that at the Pertickular Charge of the s^ undertaker of the ferry; w'-'»
Report of Our's is humbly Oflfered to yo'^ Excellencie from/
Yof Excellencie's humble Serv's
\Vm Broavne, Jun? "I
John Hathorne. j Justices
Jo: WOODBKIDGE | Of
Phillip Nellson. J Peace." — Mass.
Archives, vol. 127, p. 212.
Upon this report the Governor and Council passed the following order : —
•'At A Council held at the Council Chamber In Boston on Tuesday y° 25* day of
Octobr 1687.
Present His Excellency S^ Edmund Andross K'. . &c
Joseph Dudley ] * Nath?" Clarke ]
Wi» Stoughton Walter Newbury I
Robert Mason i- Esq"-/ Edward Randolph (Esq;'
* Jn? "Usher ' Francis Nicholson J
Jona Tyng J
Upon Reading this Day In Council y° Report made by y'' Justices of y" County of
Essex about a new ferry from Newbury To Salisbury y>' same was approv'd off — And
Ordered That it be kept & maintained by John Marcli of Newbury accordingly, provided
That James Carr of Salisbury Do on notice given him by y- said Justices refuse to under-
take & keep yo same and y'. y" said Justices do & are hereby autboiiz'd to Lay out y ways
& Causeway & Regulate y s^ ferry and take such security or Caution as to yn sbail
seem meet for y making thereof & keeping and maintaining y same in Good order and
repair
By ordf in Council &c
John West Depty- Secry." — Suffolk Court Files.
On the fourteenth of November, three of the justices of the peace of Essex County, by
direction of the rest, met at Newbury, and tendered the ferry to Carr as required l)y the
executive order. Upon his refusing to accept the tender, ths justices forthwith conferred
the franchise upon March, having first exacted of him the bond which is printed below.
These proceedings of the justices are shown in the certificate of their doings, which they
returned to the Governor and Council as follows : —
" From Newbury Nouemb. 14. 1687
We the subscribers hereof were desired & ordered by the rest of the Justices of ihe
County of Essex, who were coIBanded by an act of j'r Exelcncy & Couucell bcareing date
the 25 October 87 to take cai'e about the regulateing of a new way from Newbury to Sals-
bury as also for keeping of the ferry &c. —
We haue according to order mett at Newbury & made a tender of the ferry to James
Carr, whose answere was that he was not In Capacity to undertake the thing, therfore
proceeded according to our direction to Confirme it to John March of Nowbuiywho went
with us to gather with others of Newbury to Mark & stake out this way we began at
Merrimack & laid out the way thre rod wide upon the upland it being about thirteen
Bcorc rod Long & thre score rod through Marsh which we tbink sutflcient to be one rod in
width, all which way lying through seuerall mens proprietyes'. the rest of the way is
already laid out & used, we haue also taken Bond of John March to the vallue of an hun-
dred pound to find hands & boats at all seasons suitable for the carying oner of persons
at twopence apeice & Horses at four pence dureing yr plesure, the liond standing good so
Long as this ferry shall be by Authority continued to him. but as for the makeing of the
Cossewayes & a bridge oner a creeke about a rod wide, as also purchaseing the way
th ough proprietyes, we can find none at present that will undertake it neither of New-
bury nor Salsbury wo haue seen the wayes & guesed at the charge it will ocation and
wee must needs say that Salsbury Town according to our understanding haue the most
reson to purchase & make the wayes or the most of them ; this being the utmost we could
doe in this matter Humbly doe present it to yr exelency & Councill. remaining yr^ hum-
bly to serue according as we are able.
John Appleton 1
RiCHARU DUMER >J P." — Mass.
Phillip Nellson J
Archives, vol. 127, p. 232.
The following is a copy of the bond above mentioned : —
" Know all men by these presents that John March of Newbury [*] Tauerne Keeper,
liuinge in the County of Essex in New EnglanTd*] doth owe unto our soueraigne Lord
the King the full and ins[t*] somme of one hundred pounds of good and lawful! mony of
new England, to be leuied upon his house lands and chattells and to the true i)ayment
thereof he doth bind himselfe his heirs exequitors Administrators and Assignes unto our
saide soueraigne Lord the King his heirs and successors, in witnes whereof the saide
John March hath hereunto set his hand and scale this fourtenth day of Nouember, and
in the third yeare of his maiesties raigne. Annoqup Domini. 1687.
The Condition of this obligation is such that if the aljoue bounden John March doth
prouide a good and sufficient boate for the carriiuge ouer of horses and men over th [e*]
* Manuscript mutilated.
[Notes.] Province Laws {Resolves etc.). — 1(503-4. 40^
ferry granted to bim by his Excclloiu'y and Coiinscll at [or*] before the sixtonth day of
this Instant Noiieiiiber, and do [Ih*] ailso dcwly altuiid tiic I'crry si'anted to bun by cari-
inge oner horse and man for six pence, a single person for two pence, and doth allwayes
wiiih! he doth liold the saido ferry Kecpo his boafe or l)oits in good repairo tit for the ser-
uico of the Cnntry, then this ol)ligation is to bo uoide and of no ett'oct, or else to reraaino in
full force and uortue, and the time of Kcepinge this feriy and standinge bound as aforo-
saido is as long as tiio ferry shall be contirmed to liim l)y authoritie.
Signed Sealed and Ucliuered in the presence of us.
Calub Moody ^
D. Dauison. Joun Maucii (S'"")." — Ibid., p. 231.
March, having thus been relieved of any obligation to build the causeway, and the
assumption of tiiis work having l)een merely reconiinended to, but not imposed upon, the
town, it remained for the two to agree upon some plan for connecting the ferry with the
town l)y a substantial road over the marshes. This was effacted by the town's acceptance
of a proposal by March, as shown in the following extract from tile town records : —
"The Pposition of John Marsh to y" town of: Salislniry now met. 22tii day of
Novem')'' 1687_
To ye tot towne of Salisbury Gentlemen :
You have Inn informed yt there is a new way from Merimac River to you'' towne layd out
by Authority for y" use of y« Contry & is insuffltient for persons to pass & there is a
ferry granted to mee Ijy authority : Ttierfore my request is that you would l)e p'eas'd to
malieV" way sufhtient for the use of y^ Contrey for w^'' it is layd out: But I John Marsh
doe ingage for quietness sake to make y" way from Merimack River to y- South Side of
y- creeck cSc half y bridg over the sd creeke This Pposition of Jn'> Marsh's : wt'i his con-
dicon anexed : so far as refers to y« town's, was voted on ye affirmative : & sd Marshe's
hand signed & ownd to y Pformance of w' he hath ingaged himselfe : in reference to y
above sd contrey way as above manifested
as attest Rob^ Pike, moderatof
John March
&'wfbi Carr I ^"^^""^ ^^^"^^ contra discents I
Leift William Buswell enters his contra discent." — Salisbur)/ Toion Records.
During the first winter after March received the grant of the ferry, complaints were made
that his boat was not safe in the rough weather of that season, and that, for ten days
together, the boat was prevented from "crossing on accoimt of the ice. Mr. James Carr
availed himself of this failure of the new ferry, to renew his application to be permitted to
enjoy the monopoly which had been granted to his father, and which he claimed had
descended to him as a vested interest not to be alienated without his consent, or, at least,
without sufficient recompense. His petition, dated the thirteenth of June, was as follows : —
" To his Excellency S.r Edmond Andros K'}t Captain Generall and Governour in Chiefe
of his Majesties Territory and Dominion of New-England.
The Petition of James Carr.
Humbly Sheweth./.
That whereas yof Pet^^ Father mf George Carr late of Salisbury deceased, was at the
first setling of the Plantation appoynted to keep the Ferry on both sides of the River
Merrimack between Newbury anu Salisbury, First by the Court held at Ipswich the .24*.'}
of September .1614. as by said Order may appeare continued for severall yeares ; And after-
wards the said Ferry was contirmed to him his heires andassignes by the Act and Order of
the Generall Court held the .7*.'' of May .1649. Upon Condition that the said Carr did Build
at his own cost a convenient Bridge over the North Branch of said River, and maintain the
same as in s dd Order is provided, who referred it to the County Court at Salisbury, as by
the Order of said Court at Salisbury the same yeare may appeare; All which Articles and
Conditions yoj Pet^* said Father did subscribe and agree to; And in pursuance of said
Agreement did accordingly Erect the said Bridge, and did to his utmost fully comply
therewith in procureing of Boates and all other nocessarys suitalile thereunto for the
accomodation of said Ferry, to the Expence and disburse of more than Two hundred
pounds about the said Bridge, Boates &ca besides many chargable Repaires unto the time
of his decease in Anz 168i. At which time the County Court held at Salem in Order to
the setling & distributing of his Estate among his widow and Children did Order and
appoint mj Thomas Noyse, mj" Henry Short m; Nathanael Clarke and Caleb Moody all
of Newbury to apprise and set forth unto the widow and Children their respective parts
of said Estate; which said Coiiiittee valued the said Ferry and priviledges thereof without
one Boat thereunto, onely an accomodation of Two acres of Land included at the Suine
of Four hundred and Five pounds money, and Ordered yof Pet'^ whole share of the Estate
in the said Ferry, out of whicli he hath and must pay One hundred and Twenty pounds
that so he may Enjoy the whole thereof as his own proper Estate; and notwithstanding
the said Clarke and Moody were so concerned in the apprising of the said Ferry as the
Estate of said George Carr, and set so considerable a value thereon and returned the same
into Court upon their Oath's ; yet have been very active & industrious to procure a remove
of the Ferry betwixt Newbury and Salisbury and to have the same conferred upon John
March ; which is a very great Loss and damage unto yo; Petf and depriveth him of a great
part of his Livelihood for since John March obtained a Grant to keep a Ferry below which
is now about seven month's yo.'' Petf hath not taken more than Four pounds Twelve shil-
lings in money for the income of his Ferry at the Island ; And although the Justices were
pleased to make an Offer to yof Petj to keep the Lower Ferry, he considering tJiat Pas-
sengers could not be transported there at all seasons by reason of the disadvantage of the
place could not see reason to accept thereof. For this last winter although so favourable
* Manuscript mutilated. ,
t Sic.
408 Province Laws {Resolves etc.). — 1693-4. [Chap. 12.]
the Boate could not pass for the space of Ten da.yes in the hegining of January for the
Ice, and should yoj Petj have undertaken the Lower Ferry, he could not have maintained
the Bridge and Ferry at the Island, and so when the Frost or Foule weather had stoped
the Lower Ferry there would have been no passing at all, and the way to the Lower fferry
is by measure but three Quarters of a mile neerer or thereabout which is again overbal-
lanced by the breadth of that Ferry ; which is two thirds more than the upper. .
Yoj Petr hath thus truely and as briefly as he could represented and stated his case to
yof Excy And as his Majesty in his most Gracious Declaration hath been graciously
pleased to assure his subjects that he will maintain them in their properties and pos-
sessions, And yo.r Petw- Father haveing fully performed the Conditions of the Grant of said
Ferry, he humbly conceiveth it is now become his proper and absolute Estate ; And hum-
bly prayeth yof Exc^y. wiljbe pleased to take the p^misses into consideration, and to Order
the Ferry to be stated & setled as formerly, and the late Ferry set up by John March ;
which is of so little benefit to the pubUque & very detrimental to yo.'" Petf to be laid
down. — . And yc Pef as in duty bound shall pray &c»
13o June .1688./ " ' James Care."— Ifas*.
Archives, vol. 128, p. 262.
With this petition Carr filed the following certificate : —
"These are to Certify whom it may or shall conceme that wee y" subscribers hereof
Beeing at Newbury ; and our occations vrgently requiring vs to goe for Salsbury : there-
vpon wee haue repaired ourselfes for passages over the ferry yf^^ Jn^ March vnd' tooke to
keepe for passeges but could* get any notwithstanding wee stay'd about 4 or 5 houres and
at that tim m'' Mercer that now Lives at Bescataq" came over but could not bring his
horse) for there was noe Boat but a hay Boat and that nobody would venture there
Lives at such weather as then was ; and then after o'' Long and tedious staying at m'
Marches wee cam to m". Carr and got over without any difeculty at all y same day beeing
y<= 2 of December 1687 as wittnese o' hand Thomas Jackson of Redding
Henry Williams of Boston
cum multis alis
MERCERf
A Jersy man of Bescat-
ahqua." — Ibid., p. 263.
Owing to the loss of the records of the Governor and Council for this year, J the pro-
ceedings upon this petition have not been ascertained. Indeed, nothing further in regard
to the contest between Carr and March has been found until May 20, 1691, when, by
the following entry in the records of the General Court, it appears that Carr, still asserting
his claim to the monopoly of ferrying between Newbury and Salisbury, had complained
to the provisional government of the competition of the new ferry as illegal, and an
injury for which he prayed relief. The same entry shows that the Legislature declined to
act on this petition, and remitted him to the judicial courts for his remedy : —
" May 20, 1691. In Answer to the Petition of James Carr of Salisbury, complaning of
wrong and Injury done him by Capt John March of Newberry, in Keeping up a ferry
upon Merrimack river betwixt Newberry, and Salisbury, in prejudice of a grant formerly
made liy the General Court unto M^ George Carr Father of the Said petitioner, and his
Heirs &c^. The petitioner is referred to seek his remedy by Course of Coinon Law." —
Council Records, vol. VI., p. 185.
The records of the Court of Assistants show that an action against Richard Carr, in
which March was plaintiff, was tried in the county court at Ipswich in September, 1691,
and that March appealed from the judgment against him in that case, but was nonsuited
on his appeal, upon which Carr was awarded costs in the higber court. No declaration
in this case has l)een found, and the cause of action nowhere appears ; but, two years later,
James and Richard Carr joined in a suit against Edward Sargent, the lessee of March,
the cause and other circumstances of which are shown in the writ and declaration and the
officers' return, which are therefore here given in full ; viz., —
"Essex sc
^^ William & Mary By y« Grace of God of England Scotland ffrance and
( Seal ) Ireland King & Queen Defenders of y« ffaith
^"-^ To the SherrifF of our Sii County his Undersherriff or Deputy Greeting
We Command you y' you attach y" Goods or Estate of Capt Edward Sargent of New-
bury to y" Valine of One hundred and fflfty poundes and for want thereof to take y" Bidy
of y S.d Sargent (if he may l)e found in your precinct) & him Safely keep So yt you have
him before our Justices of our Inferiour Court of pleas to be holden for our S<1 County at
Newbury on y« last Tuesday of September next Ensueing then and there to answer to
Mf James & M.r Richard Carr of Salisbury in j" County afores.d Shipwright < — 'In an
action of Trespass upon y" Cass ffor that y" s|i Sargent for near two yeares last past hath
Exercised and practised y"^ Coin on Carrying and Transporting of men horses and goods
over y« River Merrimack in y County aforesd between y^ Towns of Newbury and Salis-
bury upon Hire and for Reward to y" Great Disturbance nusance and Damage of y
sd James Carr and Richard Carrs fierry over y s'} River and to their Damage One hun-
dred poundes or thereabouts as what Shall then and there appear with Damages and have
you there this writt
Witness Bartho Gedney Esqr at Salem y 29'i'' day of August— 1693. and in y» ffifth
year of our Reign Stephen Sewall Clcr
This attachmt was Served on ye Body of CapJ Edward Sargent ye Q^> day of Sepf 169.3
& bond taken ' li> me ' Joseph Pike Depy Sherriflfe." — £Me.f
Court of Common Pleas : Files.
* Sic: not?
t Thomas? — who died at Boston la 1699. Possibly Le Mercier was the right name.
t 1688.
[Notes.] Province Laws (liesolves etc.). — 1693-4. 409
Sargent, it would seem, vouched March as his principal, and the latter being at that
time on an expedition against the French and Indian enemy on the eastern frontier, an
imparlance was granted as follows ; —
" Essex sc At an Infcriour Court of pleas liolden at Newbury Sepf 26'^' 1693.
Mf James Carr & Richard Carr pits versus Cap.' Edward Sargent of Newbury Def* In
an a'ccon of Trespass for Comon Carrying men and horses &c over Merrimack according
to writt dated 29'.i' August 1G'J3 The 'Deft prays an Imparlance Cap* March y" proper
Owner of y- flferry beins in y" Kings Service and by Consent of both plf & DefJ this Cause
is Continued to y<= next Inferiour Court held in this County where y" DefJ is to plead
Issuably." — Ibid.
The term to which the above action was continued was the December term, at Salem.
In the reasons of appeal filed l)y the Carrs in a subsequent action, they aver that, " by a
letter of advice from Ilis Excellency, the Governor, the action was stopped, and not to
l>roceed, — the said March being yet in the country's service." This " advice " was doubt-
less a notification of the passage of this chapter, though neither of the parties seems to
have regarded it as anj'ihing more than a suggestion from the Governor; and even the
clerk of the Inferior Court of Common Pleas, in Essex, appended to the copies which he
prepared to l)e sent up in tiie latter case, a certificate showing that he was at a loss to
account for the cause of the suspension of legal proceedings, except on the supposition
that the Governor had interfered.*
Chap. 14. This chapter is from archives, vol. 100, p. 457. It is recorded in council
records, vol. VI., p. 320.
Chap. 16. This chapter is from archives, vol. 100, p. 463. It is recorded in council
records, vol. VI., p. 325.
By chapter 8 of the resolves of 1693, Phillips was granted five hundred pounds for his
p:ist services, to I)e allowed to him in his accounts, if the same should be laid before a
committee already appointed by the House, or before the House itself, during the present
session. This he had allowed to remain in the treasury. See resolves, 1(395-6, chapter 20.
A doubt having arisen as to whether or not his functions as treasurer had ceased in
regard to outstanding collections and payments authorized during his official term, the
following " bill " was reported, but failed to pass :t —
"A Bill for Enabling Jnp Phillips Esqf late Treasurer to perfect the Collection of
Arrears of Rates, to y"L first of May 1693.
Whereas John Phillips Esq; late Treasurer hath been at great Travail & expence in
Receiving and Paying the several Assessments made in the four years last past, for sup-
port of Their Majesties Interests, and their Defence against the French & Indian enemies ;
many of w^'' Assessments by reason of the pressure of y" war, are yet in a great part
unpaid ; tho much of each of them has been collected by sd Phillips which renders it
inconvenient for any other to intermeddle therewith
It is therefore ordained by this Court and the Authority of the same. That the
said John Phillips be, and He is hereby Impowered by all lawfuU means to demand &
Receive all Arrears of Rates and Assessments that have been made & Countted to Him
from y'' IStJi of April 1689. uniill the First of May 1693 and payaljle within that time as
fully and amply as he did or might doe at any time before the one & Thirtieth of May
last past. And s'' Phillips is to make payment of what he has, or shall hereafter have of
the Pulilick Treasury in his hand according to orders already receiv'd, or that shall here-
after be made." — Mass. Archives, vol. 100, p. 443.
This " bill," which appears to have originated in the Council, was there read a first time
on the eighth of July. On the same day it was read a first time in the House, where it
had its second reading on the eleventh, when it was " voted in ys negative."
On the day after the passage of the vote of July 13th, + the House passed the following
vote, in which the Council do not appear to have formally concurred : —
" Voted That Wheras Jn" Phillips Esq"" late treasurer of the Massathusetts Collony
being ord"^ to Rend"' acc^t to this House by the 14tii octi next in w^'' it was undi'stood that
he could not farther act either in receiving or paying w' might concerne the Massathusetts
Collony propperly & distinct it is therfore ord"* that the s=" Jn2 Phillips Esq'' late treasurer
do proceed as formerly to receive & pay as occasion requires all the arreares of sii Massa-
thusett Collony propp'ly & distinct & Rend'' acc2t to this house according to the former a
vote by tho 14''> octor afores'*'. and that all Constables & persons concerned in gathering of
rates do forthw'h collect the same & deliver it to the afores* Jn£ Phillips Esq'" late Treas'"
July U';"' 1693 Voted in y" Afflrmatiue
"William Bond Speaker." — Ibid.,
p. 448.
On the twenty-second of November, Phillips having rendered his accounts, a committee
appointed by the House reported to the Council the following exceptions to certain items
therein : —
" Exceptions to the Province Accot of John Phillips Esq"" Late treasurer.
1 That many articles are so gencrall that they cannot bee understood without sight of
the particulars and there being no speciall mention of the time — When the soldiers and
vessells entered into pay & were discharged it can not bee known whether the money paid
was duely Expended.
2 Middlesex County in the second part of arrears standing out is Charged twice
vizt the summes of £1097. & £425. 7. 9 suppose it an Erro^
* See the private act of June 28, 1718, vol. VI., number 41.
t It appears to have been induced by the vote of the House on the eleventh of July, which
is given in full in the notes to resolves, 1693, chapter 9.
X Chapter 8, 1693.
410 Province Laws {Resolves etc.). — 1693-4. [Chap. 16.]
3 Payd Capt Nath : Hatch for hire and Wages for the Sloop Mary £95. 10. 9^ the
sloope supposed to bee the Kings, and to bee sent out upon Private service and no Credit
found in the acco'' for the Same
4 Some articles Dated in the year 1690 which 'vvas before his Ex^y^ arrivall, they are
erro''s or not properly Charged
5 Payd Capt Steph. Sewall and Col Gedney for Expences & Charges, and for Juryes
and Wittnesses 40^ aps suppose it no proper Charge to the Province, and can find no
Credit for the forfeitures or Escheats.
6 Charged £39. odde money to Capt Saltonstall and his Comp^ of which hee saith hee
reed nothing himself.
7 Payd Majo>' Henchman £797. Qu : how that great Charge arose.
8 Charged £369. to Capt Fayerwether for sixty men at the Castle which number is
sayd to bee more then at any time there were upon it.
9 Charged to James Barton £43. in part of the sloop Resolution, which was Contracted
before his E5icy came and so not belonging to the Province there being no Credit to bee
found for the money shoe was sold for in Eng'i.
10 Charged pay' Bartho : Gedney & Jn*' Walley Esq's £81. 16/. Qu. how it arose.
11 Charged £1290 for Discharge of Debts Contracted in Engd for the service of the
Province, which seemes to bee improper, it not being a province when that Charge was
Contracted and the Colony of Plym:^ not being Concerned before his Excyes arrivall
mem'i to Inquire of the Agents :
12 ■ Charged £1110. £2953. £1390. payd P the Committees notes the Charges are too
generall to bee well understood, and wee find noe Charge for Pemaquid _
13. Qu. Whether the £500. payd Jn^ Foster Esq'' & his Ex^y. by order of his Exi^y and
Councill bee properly pay'' out of the £30000. That Tax being layJ on the Province for
the Defence of their majestyes subjects and Interests, Prosecution of the Warre against
the French and Indian Enemyes & Defraying other Publick Charges of the Province.
14 Charg'' sundry Emergenceyes & Expences £189. 2. 4 not to be understood for what.
Commit-
tee." — Ibid.,
p. 464.
Novr 22. 1693 - Nathal Btfield
RlCHAEl) SpRAGUE
Danl Allin
Benja Dauis : •/
Thereupon, on the same day, a joint committee, consisting of John Richards, James
Russell and Samtiel Sewall, Esquires, of the Council, and Mr. Nehemiah Jewett, Captain
Thomas Noyes, Doctor Daniel Allin, Captain Samuel Partridge and Mr. Thomas Oliver,
of the House, was appointed to examine the account, and report thereon. This committee
reported on the thirtieth ; but theu- report and the accompanying account have not been
found in the archives.
While the joint committee had the account under consideration, Phillips sent in the
following answers to the foregoing exceptions : —
" Answer to the Exceptions made by the Committee of the house of Representatives to
the Province accot
To j%\^} The Articles are so exprest as to give an understanding what the charge is
for and it would have Swol'n y<= acco' to a vast volunin for every particular to have been
therein rendred ; which may bee seen in y« Bookes whence that acco'. was drawn.
As to the time of Souldiers and vessellsentring into pay and discharge the same is not
set forth in the Debenture, so not to be expected here
To. yl 2J It's meerly a mistake in transcribing, the word Hampshire being omitted
against the sum of £425 : 7 : 9.
To ye 3'} It's mistake y" sum charged paid Capne Hatch, is onely for wages of himselfe
& Compa
To. ye '4'.'' It's mistake in y" Scribe setting down .1690. instead of 1692.
To ye'5"' the two sums of £.40 each paid to Cap"? Stephen Sewall & M.'^ Mary Gednev
were for charges of the Court sitting at Salem bv special Commission before y« Act of
Establishing the Courts & upon a general Accof The Forfeitures &<; there ariseing are not
Estreated into the Treasury, the Act for adjusting of Sheriffs acco's being but newly
past. — .
To ye 6''> The charge is onely for the souldiers of Cap"? Saltonstalf Compa improved in
their Maj''.es Service, not any thing paid to himselfe.
To ye 7'> The charge of £.797. ariseing in the WJ RegiraJ of Midd^ under Major
Henchman, is for souldiers imployed there in their Maj'ies Service for defence of that part
of the Countrv, And for which the Committee have past Debentures.
To yf S'h the sura of £369 paid to Cap"? ffayerweather and Comp^; at their Majt;es Castle,
the numljer of sixty, arises l)y Exchange of men, and hy meancs thereof, the Debentures
make out s') number.
To ye 9'.'' The £.43. paid James Barton in part for the Sloop Resolution sold by the
Airents in England, the Credit for the same must be found in their acco' — .
To ye l')'-'' The £.81 :16. 0. advanced toBarth<; Gedney & John Walley Esqi^ was for
paying oflF two Compa'. of Indian Souldiers upon their return home from their Maj'ies Ser-
vice, wages to Cap"? Na : Hatch & Comp^L &ca which their accof will make appear :
To. ye ll'.'> The! £ 1290. paid for discharge of Debts contracted in Engl'i the memo-
randiji'to inquire of the Agents may be proper, and the house may make that inquiry
when they please —
To the .12'.'' The charge of several sums paid F notes drawn by the Committee for
supplyes was for purchasing of provisions. Clothing and other necessarycs for sub^istanca
of the souldiers from time to time imploj'ed in their Majt'e^ Service and support of the
Garrisons &'■ the particulars whereof their accompts will show and for what./.
To y? 13'.'' Tlie £.500. ])aid John ffoster Esqf l> his E^. is j<- sum granted l)y the
General Assembly, and a proper publick charge of the Province and for support of the
Governint thereof; lieing one End of y« grant "of the duties of Impost & Excise; which
makes a Considerable Artiolo in the Credit of this accoj— .
[Notes.] Province Laws (Resolves etc.). — 1693-4. '■ 411
To ye 14'.»> The accoj of those particular Emergencies & Expence of £.189. 2. 4 was all
laid before his Excy. & Council and by them allowed, which is in so many Articles as
was thought unnecessary to Enumerate in this General accoj being y° same to which no
Exception hath been taken in former Treasurers acco'."
There being vouchers for the whole Accompt in y sefJal Articles thereof. — .
Decembf 13'.'' 1693./. Signed John Phillips." — i6j(f.,
p. 46,5.
The following is the action taken upon the a1)ove answer : —
"Dec. 13, 1693. An Answer signed by John Phillips Esq"' to the articles of exception
by the Comittee of the House oflleprescntativcs, was read, and sent down to that House
Voted in Concurrance with the Representatives, That John Richards, .Tames Russell,
and Samuel Sewall Esq'" M'Elisha Cooke, Cai)t Nathaniel Byfiold, M' Richard Middlecot,
Major reiin Townsend, and Doct'' Daniel Alline or any Six of thorn be a Committee to
inqiiire into and examine how the Forty Thousand ))ound Bills of Credit emitted l)y the
late Colony of the Massaehusets were disposed of, and paid out. as also to perfect the
Examination of the accompt of John Phillips Esqr late Treasurer of Said Colony, and to
make their report to this Court at their next sitting. The accompt now presented to be
lodged with the Secretary, by him to be delivered unto the order of said Committee when
desired, and by them to be returned again into the Secretaries Oflice Consented to
William Pnips." — Council
Records, vol. VI., p. 326.
The committee appointed in the above vote reported as follows : —
" Wee whose Names are vnderwritte being by the General! Assemljly [appointed ?*] to
Examin how ye fforty Thousand pounds Bills of Creditt Emitted by the [late Collony of ?*^
Massachusetts were disposed of and layd out & to l^>fect the Examination of [the ac*'
compt of John phillips Esq^ late Treasurer of Said Collony do returne —
Tliat accordingly we haue Examined the bookcs of the Said Coihitte & finde there were
Emitted in Said bills to vallew of fforty Thousand fine hundred & fifteen pounds, [thir*]
teen Shillings ;
That yp Said Committe haue paid & disbursed thirty Eight thousand Seuen hundred
thirty three pounds Eleuen shillings & fiue pence
That the Said Committe charge Sundry other Sums to vallew of flforty one pounds one
shillmg & Seauen pence as ^ The Accompt now giuen in by vs, for w^h we finde no orders
nor debenfs
Also the Said Comitte do charge the Suine of Seuen hundred Eightv one pounds Two
shillings for sundry charges on Said Bills of Credit, not Shewing any order for the Same —
And that they haue deliuered to m'' Simeon Stodder Nine hundred fifty Nine pounds
fitteen Shillings Six pence, w'l Said Stodder Acknowledgeth y" Receipt of & is to
accompt for
That there is one bill of credit remaining in yf hands of sd Treasury w^h is caried to
his accot. two shillings & Six pence
That there is due from Said Commissioners twenty one pounds Seauenteen shillings &
Six pence for mony deliuered them by the Treasurer more then they disburst, All w^Ji
Appear )iy an Accompt Now giuen in w'li this return —
That there is remaiucing in Said phillipss hand Thirty pounds Two shillings Six pence
in Bills of Credit part of what was ordered for purchase of prouissions w<^h we haue car-
ried to sd phillips Accompt Currant as \> Acco'. now giuen in
We likewise finde that there is in the handes of nv fFrancis Burrows & my Edwf
Bromfield fifty pounds Tenn shillings & Eleuen pence mony w^h was ouerplus in what
was deliuered them towards purchaseing of Armes
We haue also Examined the Accoumpt of John Phillips Esqf late Treasurer of the
Collony of the Massaehusets, laid before the former Committee, & compared w"} y?
Orders Delienters Receipts and Accoumpts by w^h be iustifies the Same; Since the make-
ing vp of which Accoumpt Said phillips hath deliuered in & burnt Six himdred thirty
three poimds Seauenteen Shillings & two pence in Bills of Credit, As Appears by a
Receipt vnder the handes of the Committe appointed by the Court for inspecting y.'
matter
And therefore we haue from thence Stated yf accoumpts herewith offered. The Ballance
of which resting due to Said John phillips Esqf is Eight hundred Thirty three pounds
four Shillings & nine pence Mony, all which is humbly Submitted &c
Boston Ifebruary .21*.'' 1693/4 @ By your honors humble Seruants
John Richards
Ja: Russell
Elisha Cooke
Samuel Sewall*]
Richard Middlecott*]
'Penn Townsend ?*]
'Daniel Allin ?*]
Memorandum [Nath'- Btfield ?*]
Perusing the Accounts, Wee take Notice,
That Seuerall Committees, Commissaries, & others haue been Receiuers of very con-
siderable Suihes out of the Treasury, for publique Occasions, who Ought to account for
the Same w'.'' all conuenient Speed, if they haue not already done it." — Mass. Archives,
vol. 100, p. 472.
This report, the original of which, badly mutilated, remains in the archives, was first
made to the House. It was sent up to the Council on the third of March, 1693-4, where
it was read. Accompanying it is the following statement which seems to be the account
prepared by the committee and referred to in their report : —
* Manuscript mutilated.
412
Province Laws (Resolves etc.). — 1693-4. [Chap. 16.]
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[Notes.] Provincr h\w^ (Resolves etc.). — 1693-4. 413
(Jliap. 17. This chapter is from council records, vol. VI., p. 333. It has not been
fomul in the archives.
Tliis order was founded upon the following petition: —
" To his Excellency S'' William Phips Knii^'ht Cap" Gencrall and Governour in cbeife of
their Maj'ir" Province of the Massachusetts 15ay in New England, and Hon"' Council and
Representatives thereof now assembled in Generall Court sitting att Boston ffebruary
2i'i lG!)3/-t
The Petition of John Pai^'o of Groton for himself and in behalf of his son .John Paige
who was a souldicr under I lie Comand of Major wade in the Late Expedition to Canada
against y" Couion Enemy
IIumi)ly Sticweth
That yo'' Pctitio'"s Son the sd John Paige att Canada [rec'*] a Grevious wound in his
left arme, of which after his returnc homo he lay lame und'' tlie Chyrurgeons hand for the
Space of Twelve months and upwards, l)efore he gatt cure, and after he gatt cure was a
twelve month more i lefore he could doe or performe any reasonable bodily Labour to pro-
cure himself a Lively hood —
That Yo'' Petition'^ Sons cure came to Seaven pounds w<:i> yo"" Petltio'' undertooke the
payment of to tha Chyrurgeon., and of w^'' he hath only reC* from the country thirty
shillings, w^'' was soe much allow'd and ordered liy the coraitteo formerly appointed to
Inspect y affaires of Canada wounded men, his Son" being att that time under cure, butt
not cured till a very Considerable time aftf and soe had said thirty shillings allowed him
for payment of y" Chyrurgeon for what he had done, to that time
Now Forasmuch as yo'' Petitio'' hath formerly made Applycation to yo"" Ex^y and this
hon"' Court referring to y" premisses. Butt nothing hither haveing therein been done, yett
hopes you will not deale by his son worse then by "others of y" wounded men —
Yor Petition Therefore for himself and in behalf of his said Son humbly Entreates yo'
Exc^y and this hon'tl Court to take y premisses into consideracon. and that you will
please to allow and order unto yo' petition'' the remainder of s'' moneys for the cure of his
son. as also that yon will please to allow unto his son Such compensation for the loss of
his time and for payment of his Dyatt dureing the continuance of his afores'' lameness —
as to yo"" wisdoms Shall seeme most meet & requisite —
And yor Petitionr as in duty bound shall ever pray
John Paige." — Shattuck
Manuscripts, in library of New England Historic-Genealogical Society.
The following certificate was appended to the petition : —
" This may certifie that John Paige Sone of the petition'' was under the hands of me
Jonathan Prescott Chyrurgeon above a twelve months time, and that his cure i>formed
by me came to seaven pounds — Jonathan Prescott." — Ibid.
The form of the vote as it passed the House is as follows : —
"voted that John Page Jun'" son of the Petition'' shall for the payment of the Chirurgion
and Dyet Dureing the time'of his cure Receiue out of the publicque Treasury of this prov-
ince Twelve pounds deducting out of s'' suiue what he hath allready reced; passed in the
Afflrmatiue by the House Re. Nath : Byfield Speaker." — Ibid.
The above vote bears no date, but, by the following memorandum, the action of the
Council appears to have been on the twenty-seventh : —
" 27 febr Vot^ in Council £.12. to be pd deducting &«:." — Ibid.
Dr. Samuel A. Green has printed this petition and the endorsement thereon in his
" Groton During the Indian Wars : " 1883, p. 55.
Chap. 19. Up to the time of going to press, no copy of this address has been found
either here or in England. The record of the Council's action in the appointment of a
committee to prepare the address is as follows : —
" Feb. 27, 1693/4. Upon a Motion from the House of Representatives That their Majes-
ties be humbly addressed referring to the Charge of the Fort at Pemaquid, Samuel Sewall,
and John SafHn Esq'' were nominated to be a Committee with such as that House should
appoint to prepare, an address accordingly." — Council Records, vol. VI., p. 333.
The date of the report of this committee is shown in the following entry : —
" March I, 1693-4. The Committee for the address about Pemaquid, presented what
they had done in that Matter, which with some alterations was sent into the House of
Representatives." — Ibid., p. 333.
Chap. 20. This chapter is from archives, vol. 2, p. 72. It is recorded in council
records, vol. VI., p. 334.
The vote was elicited by the following petition : —
" To his Excellency S'' William Phips Kn' Cap" Generall and Gov in Cheife of their
Majti£f Province of the Massachusetts Bay in New Engid and the Honrd Council and
Representatives thereof now Convened in the Generall assemblv of sd Province att Bos-
ton February : IG'.n 1693/4
The Humble Petition of the Select men of the Towne of Bristol ; by the order and in
behalf of sit Towne —
Sheweth
That the Towne of Bristol haveing been in the Late rate of 30000', by the raiseing of it
Soe many Times more then was given, much over valued more than other Townes accord-
ing to Proportion which is notoriously knowne, soe that by meanes whereof the Rate Falls
very heavy upon a,^ Towne, being but ffew in Number ; And Further that the Late Select
men Omitted to make the Second part of our proportion in the Time of it by Reason of
*' Manuscript mutilated.
414 I'ROvmcE Laws {Resolves etc.). — 1093-4, [Chap. 21.]
Ml" Stepben Burton deceased being not Compos mentis a considerable Time l)efore he
dyed, and being one of the Select men of the Towne then, bad the Warrant from the
Treasurer witli other writeinss which are lost, Soe that the Time being Soe farr gone The
Estate and Condition of the Towne is much Altered, both in Polls and Estates, some being
dead othsrs being gon to sea and Removed away, soe that there is Twenty Polls less then
there was (wbich is Considerable where there are soe few) Nor was it any Omission of the
Towne, That the rate was not made in due Time : And now the Treasurer hath Lately
sent up his warrant to gather said Rate, in the midst of the Gathering of the Last Pro-
portion of that Gieat Rate which falls very heavy upon y" poorer sort.
The Premisses Considered Your Petition" doe humlily Prav That yor Excel^y and
Hono^wil be pleased to order some abatement to be made, and that Some time may be
given for the Gathering tbe Remainder Ijeforc it lie exacted by the Treasurer; In all
which wee shall be much obliged to acknowledge this ffavour
And as in duty Bound Shall pray &c
John Caret
Nathanael Paine
Thomas Walker." — Mass.
Archives, vol. 2, p. 72.
Thi3 petition was read a first time, in tbe House, on the nineteenth of February, 1693-4.
On the twenty-second it was read again when the vote thereon which constitutes this
chapter wa^ prepared and passed in the affirmative, and by the first of March bad reached
the Council, where it was passed in concurrence and consented to by the Governor.
Chap. 21. This chapter is from council records, vol. VI., p. 336, and archives, vol.
113, p. 23.
The following is the petition upon which this vote was passed : —
" To tbe Honoured Committee : And Gentlemen of Boston
Whom it may concern and whom tbe great and General Court or Assembly of their
Majesties Prouince of the Massachusetts Bay in New England Hath appointed and
impowercd to act with tbe Country Treasurer in hearing and taking cognicence of the
pleas that may be offered unto yo'" Honours by such wlio bane omitted and are behinde
hand in paying of their part of the rates unto the Treasurer of which Number Enfield is a
part and we do now p''sent unto yo'' Honours those following reasons
Wc tbe Inhabitants of Enfield Labouring vnder many great and Vnexpected dis-
appointments di :aduantages and discouragements we do now Humbly crane yoi"
foujurable consideration towards us and we do here Humbly p'sent our case and con-
ditim as it is in these following p:ticklars : : Imprimiss We are a few Inhabitants here
gathered together on a certain tract of land which the Honoured General Court then at
Bo3ton on June y» 28'> 1683 : did make a grant of for a Township on the land bordering
on and adjoyning to Conecticot Riuer which grant the Honoured Court was then pleased
to grant the full extents of or Township beginning at the month of Long Meadow brook
and so to ran southerly by the great Riuer : the Conecticot Riuer : — full six miles and so
to run out from the Conecticot iliuer full ten miles east and according to the courts grant
unto us the committee whom the General Court did appoint hath laid out or township and
settled our bound i fairly mark:t and we bane Purchased it of the Indians with our money
and bane liad some peaceable possession of it : l)ut now there are other claimes appears
from Conecticot Collony who say it is theirs and the men of Windsor town haue come
within our town bounds and made new bounds for their town bounds where they neuer
had none before tbe last spring and they bane taken of one half of the breadth and length
of our township from us according to the new bounds they haue newly mark:t and many
other abuses and injuries they bane ofFerred to us and the greatest part of our inhabitants
haue the greatest part of their land and sum all their lands by those mens acts taken
away from them and and* seueral will loose all their Medows and we shall haue no land
nor Medow left at p'sent out of their claimes but or small House lots we dare not to go on
to fence and make improuementof or General field because of Windsor men who haue taken
it into their new bounds for thev bane taken away some of the best of our timber which
one of our Inhabitants haue wrought up into clapboards and takes a way and burns up
our best pine wood Alias candlewood which would be a great benefit unto us : and of
those things and many other which tendctb to or great damage if not wboly to our ruin we
haue by or Humble Petition and address to our honoured General Court sought for help
but baiie found none though the Honoured Court then sitting on tbe 31"' of May at Boston
1693 : and the court was then pleased to cosider our condition so far as to determine the
setling of the collony lyne in seuon months time and the time is out and nothing hath
been done for us biit those that haue opposed and interrupted us begin to grow more
bolder against us and there is one of Windsor which claimes all most all our plantation
on the account of a purchase that he bad made and therefor hath sent us word what he
intends to do this next spring with a company that be will hire to work for him to take
possession by making tarr in the chief part of our town and he dares us to meet him with
his men at the place and saith that he will try it out at tbe law with us and the last spring
they came with Windsor cf)nstable and about twenty men almost to our houses and seiz:d
apxel of splitt cendlewod that was fitt to run for tarr and they brought fine or six teems
and carried it from or men out of our General field some miles into Windsor bounds : Now
according to what we see and hear and haue experiance of we must of necessity either
buy or liuings & land of Conecticot men or be Windsor mens tenants or break up being any
longer atown and so shall loose that little we haue which will l)e our vndoing Unless our
Honoured Court can and will afi'ord us their most speediest help and relief both as to the
collony lyne and the grant of or to\vnship that tbay haue giuen us and the Honor :d Court
put us under the han[d3 ot]f a committee till the court should take farther order : but our
* Sic.
I Manuscript mutilated.
[Notes.] Provinck Laws {Ret^olves elc). — 1603-4. 415
cominittoo is dead and tlio court nciier settled us with a towns power as tlio rest of the
towns in the prouince arc Wo are also forced to great expences a liout getting of a Minister
wo haue been at great cliarges about four ministers & three (jf them hath left us and the
last of the three doth i)lainiy declare that the ditlereiice and claimcs that ariseth from con-
ccticot men is matter of great discouragement to him and this we haue now is more likely
to leauo us than to stay so that as things are circumstanced with and towards us we can
neuer lie alile to hold out vnder the l)urthen of those hard measures which we meet withal
for if we can enjoy nothing here of o'' lands Init what the law will giuo us it will be as good
for us to shift aliout in the country where we can as to contend with the mighty for we
can not lino by tlie loss of our small estates as we are and shall bo forced to do accept our
fathers which boslowcd this gilt on us will settle us in the peaceable Asuranco of that
which they haue giuen \x\\\o us our poor place is so unsettletl that we are hard put to it
to carry on in this place our hinds are hard & chargeable to bring in a way of improue-
ment : We humbly crauo yo' fauour towards us desiring you would be pleased to consider
the. weight and importance of what is here p'sented unto you : for it is the truth and bad
experiance hath and we fear will teach us more then can be born by any through the ill
consequences of those ditTercnces^accept timely care and pains preuent them We do not
make this as our Apologie to save our selues from the doing our duty : for we should be
glad if we were and might bo capassatated so to do it will be more for our comfort and
aduantage : There are three things which we hope are in the breast and power of o'' Hon-
oured Court to do for us and we find by dayly experience an absolute necessity of them
first that the colony lync be settled: 2Jly : that our grant of our town-ship be made good
and conlirmed unto us : 3Jly that we may haue a towns power confer :d on us for the
p''sent managament of our own town affau-:s amongst our selues for want of this lenity
and equality is to much exalting it self amongst us : like those of old euery one doing
what is right in his own eyes : ready to say I haue as much power as j'ou : this is not
good for us these are the grounds and reasons why we cannot pay the rates demanded &
requir :d of us thus we leaue our case and condition to the serious consideration of such
whom it doth or may concern John Pease
Enfield January the; 26'h 169| Beniamiex parsoxs
Isaac Gleasox
Isaac Meacham sen^
instead of
Select men." — Mass.
Archives, vol. 113, p. 22.
This vote passed, first, in the House of Representatives, on the third of March, when it
was ordered to be sent up to the Governor and Council for their concurrence, where, on
the same day, it was concurred in, and consented to by the Governor.
Chap. 22. This chapter is fi'om council records, vol. VI., p. 336. It is preserved in
archives, vol. 113, p. 57.
The following is the petition upon which this vote was passed : —
" To his Exceit : yeGovr& the Hono'^'^'" Counsell w"" y« Rep'"sentatives Convened in
Gen" Co'te
Being desired & improved by y town of Derefeild to Rep'sent before this Co''te theirr
distressed & hazzardus condition lieing y Most utmost Frontere Town in y County of
West Hampshire & much impoverished by keepeing & maintaineing of Garrison men and
Otherwise many wayes in soe much y' they are not able to subsist & maintaine their
familys rather chuseing to draw of were it not yf y« Govern'' & Counsell Order y'" to
abide, the attandance of which (Though AVilling) yet are notable, Except Enuljled There-
fore Humbly Entreate y«abatem' of their shate or p'^ of any Tax or Taxes that may be
Thought fitt to lay upon y« Province till such tyme as God in his Providence may inab!e
y™ by peaceable tymes win they may attend their Occtions of w^i- they are almost
wholie obstructed at this day Samll Partrigg
FebL : 22 1693 in behalf of y
Town of Derefeild." — Mass.
Archives, vol. 113, p. 57.
On the second of March the House sent up this vote to the Governor and Council for
concurrence, and on the next day it was passed in concurrence, and consented to by the
Governor.
Chap. 23. This chapter is from archives, vol. 100, p. 470. It is recorded in council
records, vol. VI., p. 336.
By the following order of the provisional government, on the fourteenth of April, 1691,
it appears that the taxes called for were to be paid in grain, and that the tax-payers were
to be charged with the cost of transporting the same : —
" April 14, 1691. Whereas this Court have abeady agreed, That for the Necessary dis-
charge of the Public Debts the Sum of eight thousand pounds be Annually assessed upon
the estates, and persons within this Government by the Space of four Year's next ensuing
to be Collected, and paid into the Treasury of this Colony by the first of Mav Yearly.
The growing Emergencys, and Exigences of the Country dailey arising, and farther likely
to rise. Necessarily calling for Speedy disbursments, without which no Encouragement
will be given to any to attend public Service, Nor can there be Suitable provision made
for the Safety of the Country against the ffrench, and Indian Enemy ; It's therefore
Ordered That there be Twenty flfour thousand pounds of said Sum raised, and Assessed
upon the Estates, and persons within this Government, by the Valuation of the last Year,
or by such Valuation as shall be made by the next general Court, to be Collected, and
paid into the public Treasury, either in Money, or bills of Credit, or in grain at Money
price, as Stated by this Court (the persons paying grain to pay for the Transportation of
it) the Constafjles of each Town to gether the Said Sums, andpay it into the Select Men;
416 Province Laws {Besolves etc.). — 1694-5. [Chap. 1.]
and tLey to the Treasurer )j.y the first of May One Thousand Six Hundred and Ninety
Two ; Exceptinsr such persons as are unable to pay in that time (they being so Judged
by the Select Men of the Town) such shall give Bill to the Constables, or Select Men of
the Town to pay their proportion by the first of May One thousand Six hundred and
Ninety flfour, at which time the Constables and Select Men of each Town, shall Clear
their Accompts with the Country Treasurer ; The Constables and Select Men to deliver
to the Treasurer what they shall receive from time to time every Six Months." — Council
Records, vol. VI., p. 181.
On the following petition from the town of Springfield, the House, by vote, ordered that
the province treasurer make allowance as shown in the vote which follows the petition : —
"It is humbly suggested to this Honorable assembly. That the Constable of Springfeild
lately, goeing to Hartford w"' a Boate Load of corne, al)Out .130 bushels of Pease or more,
to put it on Board of a vessel there, for y^ Treasurer, By y Evidence of God, in goeing
downe y" falls, it became wholy lost or altogether vnserviceable (as also once before some
loss was in a loading of corne sent from thence for y« Treasurer) That y^ constables may
haue credit for such miscaryed Paym'^ truly made by him, as If they had not miscaryed :
It is further Intimated &"laid before j" Honob'« assembly, That Springfeilds Pportion
to y« 24000^ Rate, hath bene neglected to be colected, for y' y^ constable acco"") himselfe
discharged, vpon y^ select mens calling for y list dird him, only to Regulate it according
to y8 General Courts order, w<=i' being by them done, they carryed it him againe. But then
his yeare being expired, he refused to take or meddle w"> it, saying it was brought him,
out of his time, & y« new constable having new Rates, would not meddle w'i> what was
before his time, wherevppon y' To^vIle chose a coUecrtor*] who would not accept y" Place,
& also refused to gather in sd: Rates [*] much Troble hath arissen about it, & y select
men haue press [ed*] on y matter for collecting what they had assessed y Inhabitants
but cannot effect any thing: May this Hono^'!*' assembly Rem [it*] sa sum, or pt of it, It
would give ease to y« Burdened Inhabitants who need & pray for some abatem^ & wil
thankfully accept it: Benj* Dauis.
Boston June. H'-h 1693. for'y^ Towns
of Springfeild
June 15':h 1693./. Voted : In Answer to the Petition of the Towne of Springfield
Referring to the Loss of one hundred and thirty Bushells of Pease by ouer Setting the
boat wherein they were Conveyed. — .
Ordered that if upon the Counstables Makeing up of his Acco': [*] m£. Treasurer, it
appeares to him upon the Constables Oath or the Oath of Wittness — That the Loss —
hapned meerly by y Providence of God without the Constables negligence or default,
That the valine thereof shall be allowed him upon his Acco'.
Past in y affirmative by y house of Representatives, And sent up to y^ Gou.r & Coun-
cill for their Concurrance & Consent herein
William Bond speaker." — Mass.
Archives, vol. 100, p. 441.
This vote does not appear to have been concurred in by the Council, but at the next
session the vote which constitutes this chapter was passed. There is no minute showing
the day of its passage in the House, but it was passed in concurrence, by the Council,
on the third of March, 1693-4, and was then consented to by the Governor.
Chap. 24. This chapter is from archives, vol. 40, p. 304. It is recorded in council
records, vol. VI., p. 336.
In addition to the statement contained in the foot-note to this chapter, it may be added
that this rate of compensation for the judges of the Superior Court had been fixed by
the following vote of the Council, in wljich the representatives had not been asked to
concur : —
" Dec. 16, 1692. Resolved and Ordered. That there be paid out of their. MajtJs^ Treas-
ury of this their Province unto William Stoughton Esq:? Chief Justice of the Superiour
Court of Judicature the yearly Salary of one hundred pounds, and to each of the other
Justices of said Court the salary of Fifty pounds t> annum
William Phips." — Exec-
utive Records of the Council, vol. 2, p. 210.
The treasurer's payment to the judges, for their first year's service, in accordance with
this order, appears in his accounts for the period between June 30, 1694, and May 29, 1695.
1694-5.
Chap. 1. This chapter is from council records, vol. VI., p. 341. It has not been
found in the archives.
The two frigatesf of the English navy detailed for constant duty in New England were
not adapted to pursue small craft in shoal water, and hence the project of fitting out an
armed vessel of light draught for the protection of vessels coasting in Vineyard Sound was
started by the Governor and Council as early as March 7, 1692-3, as shown in the resolve
printed in the note to chapter 13 of the public acts of 1693-4. In furtherance of this
design, a supply of the treasury was provided by the act last mentioned to the amount
of five hundred pounds, for " building and fitting of a small vessel mounted with ten
guns and a suitable number of oars." This act was passed December 11, 1693, and
the present chapter shows that, by the first of June, 1694, this vessel had been built. A
further supply of the treasury to the amount of seven hundred pounds was granted a week
after the passage of this chapter.^: The work of fitting up the galley seems to have pro-
* ManuBcript mutilated.
t The Sorlings and the Newport. — Executive Records of the Conncil, vol. 2, p. 378; and see
letter from Stoughton to Fletcher, on p. 472.
t Province Laws, 1694-5, chapter 1.
[Notes.] Province Laws {Resolves etc.). — 1094-5. 417
ceoded without interruption between the date of this chapter and the prant in the act
above rofon-cd to, and hcnco it has been assumed that the Council felt snfBcicntly author-
ized to proceed by the vote of the House, although in the following record of their action
upon the account of Captain Timothy Clarke they claim to have acted under the two acts
above mentioned : —
" July 19, 1G91. The Accompt of the whole charge for building and Equipping of the
Province Galley, presented by Capt" Timothy Clarke (who chiefly acted in that affaire)
amounting to the sum of one Thousand twenty two pounds four shillings & six pence,
having been perused aniJ examined by Bartholomew Gedney and John Walley Esq^' Com-
missioners for the War, with their Report thereon, that the several articles therein do
agree with the Tradesmen and others Bills, who furnished materials for the same. The
said accompt is allowed of.
And pursuant to the Grant of the General Assembly by their several Acts, one Entituled
an Act for a present supply of the Treasury, made and passed at their Session begun and
held at Boston the eighth day of November 1693. and the other Entituled : an Act for
the Reviving and continuing of the duties upon Goods, Impost, Excise & Tunnage of
Shipping and the Acts for the granting of tlie same, and the clauses therein relating to
the said Gaily, passed at their Session begun and held at Boston the Thirtieth day of May
last past
Ml Treasurer is hereby ordered to pay unto the said CaptE Timothy Clarke such part
and so much of the abovesi sum of One Thousand, Twenty two pounds four shillings &
six pence, as is yet remaining behind and unpaid to compleat the same, for the enabling
of him fully to discharge the several Bills and other articles in the accompt presented
William Phips." — Exec-
utive Records of the Council, vol. 2, p. 268.
The following letter from Sir William Phips to Governor Fletcher gives an idea of the
perils to which, before this galley was fitted out, the New-England coasting vessels were
exposed by the enterprise of the enemy along the eastern coasts of the province, as well as
of the protection which was afforded to our shipping and our maritime towns by the
regular navy of the realm, on duty here : —
" S.r I have Intelligence of a ffrench Privateer from Petit Guaves that was discovered
and chased by their Maj'ies ffrigatt the Nonesuch upon the 9^> curr' in the sound betwixt
Block Island & Martha's Vineyard, and by a Letter received yesterday from Sandwich I
have the acco* of their surprizing upwards of one hundred ffrench which landed on y«
backside of that Town, being now under Guards conducting to this place, and that the
ffrigatt has taken ye ship and the remainder of the men left onboard her; An English
prisoner brought in her is come to Town who acquaints that there are seventeen sayle
of Privateers fitted out of Petit Guaves, so that it seems to be very hazardous to pass
to or from the West Indies, and it's very probable some more of them may Infest this
Coast both their Majties Frigatts appointed for this station are abroad a cruising, and I
hope will be diligent for the discovery of them and to prevent their makeing any depreda-
tions hei-e. I am. yo^ Excys humble servant.
13'.h July. 1693. " [William Phips]." — ilfass.
Archives, vol. 30, p. 330.
The following correspondence between Lieutenant-Governor Stoughton, and Secretary
Allyn in behalfof the Governor and Council of Connecticut, shows the foundation of the
apprehension of danger from hostile demonstrations by French privateers the next year,
and the manner in which the Connecticut government excused itself from complying with
Stoughton's request to contribute, and supply with provisions, a quota to man the galley
until the end of the approaching summer : —
"S--
The Intelligence 1 have by way of the West Indies of several French Privateers fitting
out, some of which may be expected to come on this Coast, and the Spring advancing
apace towards us, has made me judge it necessary, speedily to set forth the Province
Galley to cruise betwixt Martha's Vineyard, Block Island and the sholes &c, for the con-
veying & securing of Coasters and Vessells coming from abroad, she sayling much better
than the Frigats assigned to this Station, and has not so great a Draught of water. The
advantage that has and will accrue thereby unto the people within your Government, in
the preservation of their Vessells and Estates from Loss, makes it highly rational that
they should bear part of the charge as they partake of the benefit and is no other than
what their Ma*>» justly expect from all their subjects to contribute their assistance & pro-
portionable share of the charge for prosecuting of a national war. I therefore propose
and desire of you to provide twenty able men to be under pay and supplied with Provi-
sions from yo'' Governm' to saile in the si Galley until the end of the next summer
This Province is so dreyned of men by the calamities of the war, sickness the manning
out of new ships that are built here by strangers, many of them not returning again, and
for the manning of their Matys Frigats appointed to this station, that it's very dilHcult to
supply what is necessary. I hope you will have due consideration of the distressing cir-
cumstances of your Fellow subjects, and readily comply with this equal and reasonable
Proposal, so necessary for their Ma'^^ service, and whei-ein your own Interests are very
much concerned and let me have your speedy answer. I am
Srs Your affectionate Friend &
Boston February 11* 1694/5 humble servant
WS:
Govf and Council of Connecticot." — Ibid., vol. 2, p. 22S.
The Governor of Massachusetts had been deprived of his authority over the militia of
Connecticut, — this authority having been transferred by the Privy Council to the Governor
of New York ; and Fletcher's commission as commander-in-chief of the Connecticut forces,
which had been ordered to pass the seals on the first of May, 1693, reached him at New
418 Province Laws {Resolves etc.). — 1694-5. [Chap. 1.]
York on the first of October following.* The foregoing application, therefore, was couched
In words of entreaty and persuasion and not in the language of command, as formerly.
The following is the reply of the Secretary of Connecticut : —
" Hartford March 6'.h 1694/5
Honb'« Sr.
your letter of the U"" of February came to the hands of o'' Governor upon the S"^ of this
Instant by which we understand, your desires we would afoarde yoii Twenty men to bo
under pay & supplyed with prouission to sayle in your Galley untill the end of the next
summer &'•• which letter hath bene read in councill & well waighed & considered, & we
must informe you that we are very ready to doe our duty for the promoteing of their
Maties Interest as we are able, & to your owne knowledg we haue been at considerable
charge the last summer & sent about sixty men to Albany to Guard your Gentu& ours
thither & to Guard his excelency there while he was in Treaty with the Indians. & since
wee haue sent a Liuetenant & Thirty Two men to Garison your dearefeild This winter &
our men are there to this day & we are still willing to doe our proportion with our neigh-
boures in such pub : charge wherein we are equally concerned, but to your present desire
as aboue we hope there will be no present necessity of our assistance as yet till the weather
Growes warmer & the spring more comon, & we shall as effectually as we may moue it to
c General! court in May next to consider your proposition & to giue such Answer thereto
as may euidence that we are your Good neighboures & willing to promoat there
ma'ies interest & the pub : Good of his sulijects in these partes, which with o"" respects &
seruice to your Honour & Gentrav with you is all at present needful! from your humble
seruants the Governo' & councill of conecticut./
P their order signed
John AtiYN Secretly." — Ibid.
To this letter the General Court of Massachusetts sent the reply of March 16, 1694-5,t
and Stoughton replied under date of March 28, 1695, as printed in the note to chapter 62,
post.
To Stoughton's last letter Governor Treat replied on the twelfth of April, as follows : —
" Honor" Sf
Your laste I receaued the sixth of this present Aprell and upon perusall therof finding
your proposalls not within y^ power of Gouernour or Councell to answer your expecta-
tions in that affair must referr it to y« consideration and determination of our next Gener'"
Assembly in May next, vnto whom it properly belongs : with their resolues to your former
y' is before us also, Both wh god willing I then shall set before them efectually, and desire
in nothing to be wanting in duty according to my capacity and to maintaine nighbourly
Correspondence w"' your selues and others as able for their Ma*"'"' seruice and mutuall
safety And however some may think & speak very deminitiuely of our pubiick disburs-
ments on o'^ nighbours accounts from first to laste wii seemes considerable to us And for
yo' Good prosperity doe heartily wish and y' god in his time would cause waiTS to cease
shew us wherefore he doeth so awfully contend with us amend us and not condemne us,
w^i" is the hearty prayer of your honours freind and seruant
Milf J Aprell y" 12<i' 1695 R : Treat." — Ibid., p. 230.
As the time for the assembling of the General Court of Connecticut approached, Stoughton
thus reminded Secretarv Allyn of the business to which he had called his attention in his
letter of February 11, 1694-5: —
"Hon«« Sj/,
In jo\ last you refer unto yor General Court, to make answer unto those proposals in
mine relating to yof joint assistance for y defence of Deerfield and y« maning of the
Galley for securing of the Coasting Trade; And understanding the time of yof Courts
meeting is this weeke, I thought it necessary to refresh those motions unto you ; and am
urged thereto from the necessity of doing something Effectually in those matters For
that I have received Intelligence by seiJal waies that the Coast is likely to be Infested
w','^ several Pi'ivateers from ye West Indies, and that one or more are already come upon
y"= Coast, that on y^ 2^ currf in y night put into the Island of Nantucket rifled a house
and tooke off four men from thence, I suppose to gain Intelligence, and for Pilots, the
Comander says he has two other Consorts. I am dispatching the Newport Frigatt & the
Galley to cruise about those parts ; some Gent" on Rhode Island offer to fit out a small
Vessell from thence to joyne them. I hope you will have ye effectual consideration of
these matters in yof Court and contribute yof assistance likewise
On the 4th currj arrived a ship from England with six weekes passage came out with a
man of war of fforty six Guns and two mast ships bound to these parts, the others are not
yet arrived, by which I have the certain Confirmation of the Queens Majty death, great
preparations for the suiners Campaigne, and it's said his majv. intends to go over in
person ; that there are seven Com"'/ appointed for the Regency, in his Absence. I have also
the sad news of the death of our Govj Sj W™ Phips in a months time or thereabout
after his comeing to London, the last weeke three Indians that went out upon y* Encour-
agemt of the act for setting a sum upon every Indians head Ki'ld or taken, returned
w'." two scalps : and another Indian came in who made his Escape from his master have-
ing been about four years in Captivity, he was Imployed in his maj'ys service and
posted at Kittery, from whence he was taken ; he is very intelligent and gives an accoj of
their motions, knows of no present designe but supposes they may annoy some of oj Fron-
* It was brought over in the ship Richmond, Captain John Evans, commander. On the
thirtieth of October, Fletcher wrote from Connecticut to Mr. Edward Southwell, clerk of the
Privy Council, giving an account of his ill success after twenty days' effort to raise a force there
for the defence of Albany, and complaining of the insubordination of the people there, and express-
ing fears of being mobbed.
t Resolve, chapter 62, post.
[Notes.] Province Laws {Reaolves etc.). — 1094-5. 419
tiers after planting time is over. I have nothing further worthy yoj observance, but am
wth all duo Respects.
S' Yo' affectionate Friend & Serv*
Boston. May. G"; 1695./. ' ' W[illiam] S[ToroHTON].
Govr of Connccticutt." — Ibid., p. 231.
The continuation of tliis correspondence is printed in the note to chapter 62, post, by
which it appears that fifteen men detailed by Connecticut to man the Province Galley were
eventually disbanded, and the supplies provided for their sustenance were disposed of
before June 1 , 1695.
Chap. 2. This chapter is from council records, vol. VI., p. 341. It has not been found
in the archives. This sermon, preached before the Governor and Assembly, May 30,
1694, was afterwards printed under the title " The Character of a Good Ruler," etc.
Chap. 3. This chapter is from council records, vol. VI., p. 344. It is preserved in
archives, vol. 121, p. 70.
The territory of Cambridge originally embraced lands on the south side of the Charles
River. The settlers upon these lands had become so numerous in 1655 that some of them
applied to the General Court early in that year to be made a separate town or parish to
avoid the necessity, in attending public meetings, of crossing the river, which, on account
of the bordering marshes, could never be done without inconvenience, and, in t^o winter,
when possible, without danger. Objection having been formally made by the old church,
through a committee appointed for that purpose, "the Court referred the matter to a com-
mittee, consisting of Increase Nowell, Mr. Richard Russell, Captain Edward Johnson
and Captain Eleazar Lusher, " to hear what the petitioners, as also the church of Cam-
bridge, shall allege either for the granting or waiving their propositions, and to make
return to the next sessions of this court." This committee met at Cambridge, but Mr.
Russell being absent the inhabitants of the town refused to debate the subject, and the
committee left without further inquiry. The committee's return was made at the Novem-
ber session, when a new committee was appointed consisting of Major Simon Willard,
in the place of Nowell, who had died in the mean time. Lusher, who remained, and
Captain Thomas Clai-ke in the place of Johnson. The report of a majority of this com-
mittee was read at the Court held in May, 1656, as follows : —
" Wheras wee whose names are heerevnder written ware deputed by y« generall court to
take Information in y case betwixt Cambridg church and those Breathren yt desire
liberty to erect a villadg on the sowth side of Cambridg wee haueing taken the Allegations
of eyther side p'"sent y state of y« case to bee as foUoweth :. 17 : 2 : 56
They one y^ one part videUlct ye petitioners desire a Township : partly beinge soe
remoat from Cambridg : and haueing passage ouer a riuer : and diuers Psons in thyr
famylyes frequently disabled from Injoyinge any means of grace : j" famylyes about
eighteene : y land of these P sons for carrynge along what is desired about f ower Thow-
sand Acres : they pr [esen*]ted a wrigh[ting*] of eighteene subscribinge it who Ingage to
alow a minister fflfty pownds V Annuin : And haue made $>uission of 36£ worth of land
to accomodate him :
The please of y church of Cambridg weere to this effect, first they Ppownded to pur-
chase thyr land and estate them In thyr capacyty In Cambridg and contribute constantly
to Cambridg church to y vtmost expected from them. They Alleaged A nessessyty of thyr
helpe elie it will vtterly disable ym to mayntayne an officer ther, a fift part of his mayn-
tenanc coming now from those Breathren. And yt If this bee graunted ym ther is another
■yty as considerable If not more will take y" like coorce haueing y« like Arguments [*] y«
same motion :
That yo [ accommo*]date sundry who aboad in y Towne : y' [*]ould y« same
yt thyr Breathren when first built ther considered It as vnder those tyes to y" chuixh and
Towne of Cambridg and for a competent space soe went on In yo attendance thervnto :
The church of Cambridg are willing to comply in ciuell respects as far as they cann to
ease ym : all wch is referd to y Honour^ Genr'i Coort. to consider of and determine as In
Judgm' may seeme meet. By vs. y? Comittie/.
SiMOX "WiLLAED
RiCHAED Russell
Tho: Clarke." — Mass.
Archives, vol. 112, p. 83.
On the twenty-ninth, after some disagreement between the magistrates and the deputies
as to the best course to pursue, the subject was postponed to the next session. In the
mean time the committee, at the request of the Court, reported their judgment on the
subject as follows : —
" The court desiringe our Aprehencions whome they deputed to heere how the case peti-
tioned about, depending betwixt the church of Cambridg and those famylyes on y- other-
side of y« water relating to ym stood wee conceue as ffoUoweth.
1 That they cannot bee cutt of ffrom y church of Cambridg without great Damage and
enfeebling to y church in diuers respects referring to y° support and well being of yt
church.
2 Wee conceue yt they may bee allowed from Cambridg som helpe for exercisinge ym
six trayning dayes in some conuenient place sutable to thyr dwelling places on y' sVde of
ye riuer.
3. That they may bee accomodated among ymselues with some Psonns chosen among
themselues to order thyr occations w"> refference to thyr plantinge ffencing and feedinge
4. That y church of Cambridg especyaly when passage betwixt thyr dwelling [s*] and
y"= Towne of Cambridg may be difficult may Improue ther Intrest In some yong men at
the collidg to bee helpful! to ym once A month or oftneer If may bee In a way of pi'chinge
y woords among ym yt soe ther may bee a care of thyr spirrituall good manifested and
* Manuscript mutilated.
420 Province Laws {Resolves etc.). — 1694-5. [Chap. 3.]
mutnall loue betwixt ym strenthned for wch help the church w"' themselus to P'uide dne
Incoragement/. Simon Willard
Richard Russell
Thomas Clarke." — Ibid., p. 82.
"When the case came up, on the fifteenth of October, the following remonstrance was
oflfered by certain inhabitants of the south side of the river : —
"Wee whose names are vnder written haveing some of vs our babitaccons, and others
of vs good quantityes of lands and accomodaccons lying on the south side of Charles
River with in ye liraitts of Cambridge and in that part of tha bounds, wch is by some of
the Inhabitants Peticconed for to the Gen^all Court, that they may be a Township or vil-
lage distinct from the said Towne. we finding the said request in the prosecution thereof,
not only greivous to our Brethren & neighbours [to bshold this poore Towne and Church,
w^ii is being vnited in one, at best, very feeble & weake, but being divided, wilbe like a
garment that is rent in to peeces, whereby both parts wilba come vnprofitable, as to or selves
80 also to the Comon weale] but also app'hending it to be vnequall and vujust to desire
that from the Towne and Church, w":"" is by Gods >Pvidence given them for the lott of their
Inheritance, as well for the mainetenance of the Lords house in this place, as also for the
defraying of other Civill Charges, although in other respects it might tend as much to
our accomodaccon of profit & ease as to the most of the Pcticcon''^ yet neu'' the less the
p'mises being considered by us, we cannot but signify to all whom it may concerne, that
for our parts we do wholly decline & detest the ¥>secution of the said Peticcon, and do
desire that we may still with one shoulder and heart continue together to serve one
another, in the Lord with o^ persons & estates, vntill such time as by the Lords P'vidence,
we may with out breach of any of his holy rules of Justice and equity, be led forth to a
division.
Subscribed the 6"> of October 1656. Richard parke
■WI=bi;M Jy^S ClEMANCE SEN?
Thomas Danforth
William |-p Cleman Junier
Joseph Cooke
Richard Champnes." — Ibid., p. 85.
It was agreed that the petitioners and remonstrants should be heard on the following
day, and notice t3 the parties was ordered accordingly ; after which hearing, the Court
passed the following order referring the subject to still another committee : —
[At a court begun and held Oct. 14, 1656.] " The Court, having considered of the case
respecting Cambridge and those of the south side of the riuer, finde it attended W' such
diificultjes as will not admitt at present of a comfortable issue, doe therefore judgo meete
to referr the casejo be further enquired into by a coi3ittee, and to that end haue chosen
M' Tresurer, Capt Lusher, & M'' Ephrajm Child, who are heereby appointed to informe
themselves more fully of the estate of Cambridg, and whateuer else they shall judge meet,
w^b may be necessary for this Court to know, and to make retourne thereof to. the next
Court of Election." — Mass. Colony Records, vol. IV., part I , p. 284.
The next year this last committee made the following report, which was accepted by the
Court as a settlement of the controversy : —
'"Oct. 23, 1657. Whereas the Generall Court were pleased to depute vs, whose names
are subscribed, to heare and informe ourselves of the state of Cambridge, and of the
inhabitants on the other side of the riuer, wee, having labored therein, doe present our
conceavings, as the condition of either party is presented to vs, as followeth : —
1. Wee conceive that if the peticoners should w^hdraue theire help from theire con-
tributing to Cambridg chm-ch and ministry, it would be over burdensome to Cambridge to
pi-ovide honnorably for theire carrying an end those occasions ; 1. Because it is acknowl-
edged on both partjes the majnetenance at present is short enough, and our charitje
leadeth vs to beleive they want not love either to theire minister or ministrje. 2. Because
wee know some considerable persons haue removed on such groundes, and others seeme
to intend it, tho indeered to the present ministrje amongst them, and many of them in an
ebbing conditjon referring to outward things.
2. Referring to the brethren who haue petitioned freedome to be in a way of providing
for theire supplye of a minister amongst them, who doe tender tenn pounds t* aiium
towards Cambridge ministrje, th5 wee acknowledge they are exposed to tempting diffi-
cultjes to moove, yett it seems not convenient at the present to seperate from theire breth-
ren ; I. In regard of the feared incapacitje amongst themselves to eSect theire desires ;
2. In regard of some decljning as to prosecution of the worke amongst themselves;
3. Considering how greivous it is to theire brethren, who professe much care of & respect
vnto them, which wee conceive may moove them still to wajte on the Lord, in the expecta-
tion of a ftirther discouery of his minde heerein as referring to either partje._
Yo' servants, y^ coiiiittee,
Richard Russell,
Eljazer Lusher,
Epheajm Child.
The whole Court mett together voted the acceptance of this retourne." — Ibid., p. 319.
Anticipating the failure of the Legislature to devise a remedy satisfactory to the inhabi-
tants on both sides of the river, the town entertained the project of spanning the river by a
bridge. This would remove the more formidable objections, particularly of the villagers
living nearest the river, to the continuance of the existing union.
The following is the vote of the town for that purpose, from a copy attested by John
Cooper, the town clerk : —
" At A Generall Meetting of the Inhabytance of the towne the S"" of the lO'i" mo 1656
the Inhabitance of this towne doe Consent to pay Each one theare proportion of A rate
to the sume of 20(F towards the building a brigd oner Charles riuer upon Condition the
same may bee Effected with out further Charge to the towne Voted on the afflrmatiue
[Notes.] Pkovince Laws {Resolves etc.). — 1694-5. 421
Capt Gookin Edward yose John Stedman and thomas danforth are nominated A
Ciramity to prosicute and EflFoct tho same." — Mass. Archives, vol. 121, p. 68.
How soon tho work was begun does not exactly appear. That tho bridge was speedily
located, however, is certain ; and for several years thereafter the town j)assed votes in
favor of prosecuting tho work; for instance, on November 12, 1G60, and again on the
fourth of February following, and finally, March 23, 1662-3, when it was ordered "that
the bridge bo laid in oil and lead," etc., which shows that it was bo far completed that the
woodwork was ready for painting.
The prospect of a connecting bridge did not prevent the inhabitants south of the river
from renewing their prayer to the General Court for relief, and in 1661 they succeeded m
procuring an order exempting all their " lands and estate" lying more than four miles
distant from tho Camlu'idge meeting-houso, from ministerial rates.* This was all they
then asked. But the next year, upon their application, another committee was appointed ■
to visit the place and determine the four-miles line of division.f The committee attended
to that duty, and their report, at the first session of 1663, was accepted by the General
Court as a final adjustment of the boundary lines.j
After about eight years' use, the superstructure of the bridge having become so dilapi-
dated and decayed that it was presented by the grand jury of Middlesex as unsafe, the
town made the following application to the General Court for assistance in putting it in
thorough repair : —
" 11th. 8ber. 1670. To the Honoured Genall Court now sitting in Boston
The Humble Peticcoii of the Inhabitants of Cambridge,
Humbly Sheweth :
Whereas sundry yeares since there was a bridge errected over Charles river in o'' Towne,
by the free contribution of sundry o'' good friends in the neighbour Townes of both coun-
tyes, who were very freely helpfuU to the Towne therein, and since the building thereof,
hath been very vsefull not only to the Towne, but also a great accomodaccon to the whole
country, farr beyond any other bridge in this colony, and although the foundaccon
thereof yet remaynes firme i e. the spiles on w<='' it stands, and wee hope may so do for a
long time, yet the vpper part is greatly decayed, and the continuall repayres thereof wee
find will be a considerable expence, farr above the ability of o' poore Towne to disbursse,
so that vnless some help be afforded vs by the wisdome & authourity of this court, it will
of necessity fall, w'^^'' will not only be a lamentable ruine of so great a disbursse but also
as wee app^hend a greater dainage to the Publique, then the mainetenance thereof will be
burdensome.
Wee do therefore humbly crave the favor of this honoured court for to take the same
so farr into their serious consideration, as that by the wisdome & authourity of this
court, there may be such help afforded vs, as may appeare to be meet & necessary in the
p'mises./
subscribed by vs whose names are vnderwriten In the behalfe & by the appoyntment of
the towne of Cambridge John Stedman
William Manning." — Ibid., p. 34.
The deputies were disposed to take no action upon this petition, but finally concurred
with the magistrates in the following vote establishing a schedule of tolls, which, it was
thought, would be a sufficient encouragement for the undertaking of the work by the town,
or by some person or persons at his or their own expense, without involving the county
or colony : —
"wheras the bridge oner Charles riuer; which was first erected, at the cost of that
towne : together with the free contribution of seueratt publick spiritd t^sons in some /
neighbour townes : which bridge beeing no^^ decayed by reason of the danger is p'sented
to the county court of midlesex : and the towne of Cambridge as they alleadge in their
potion beeing not able to repairo it so y' of nossecity it must be puld vp & slighted & the
passage there must bee serued by a ferry as hertofore which is not so safe, convenient, or
vsefull, as a bridge for the ferry is altogether vseles in the winter & very in couenient to
transport horses & not at aii" acomadable for carts or, drou^ of catle
The ptnises considered It is ordered l)y this court and the Authority therof for the
incouradgemt either of the towne of Cambridge, arc^ any Fticuler l^sons that shalr
repaire y' bridge or erect a sufflcent cart Bridge ouer the riuer at Cambridg & mainteyne
the same for the safty of the passengers : they are herby impoured to take toll, at the
rates folowing \izt on peny for euery ■P'son, threepence for horse & man, six pence for
euBy cart, two pence a head for euery horse or other neat catle ; on : halfe peny a head
for sheepe goates or swine ; and if any refuse to pay the toll afforsaid it shalbo at tho
liberty of such as mainteyne of the said bridge to stop their passage : ; & this order to con-
tinue in for so long a time as the said bridge mainteyned seruicable & safe for passage —
The magisfs. haue past this their brethren the deputyes hereto consenting _^
25 October 1670 EdwaedRawson secret
Consented to by ye deputyes
William Torret Cleric." — Ibid.
It would seem that this privilege of taking tolls was not immediately availed of, since,
nearly two years later, the town passed the following vote looking to the alternative of a
ferry in case the bridge could not be made safe at an expense of not more than forty
pounds : —
" September the. 9'.'> 1672
At A publicke meeting of yf Towne. To Consider about Repayering of the Bridge, It is
Ordered y' they sellect men doe Cause y bridge to be Exactly searched & vowed & if vpon
searching & vowing it be found that vpon puting in of sume new strings & Caps & planks
it will be Repayored soe as it may be safely Carted ouer for two or three yeares ; Then j»
*
Mass. Colouy Records, vol. IV., part II., p. 18.
t Ibid., p. 61.
1 Ibid., p. 81.
J Sic.
4:22 Province Laws {Resolves etc.), — 1694-5. [Chap. 3.]
should Cause y» same to be speedily Efected. provided the Charge extend not fourty
pounds, which y" Towne doe voate to pay out of ye next Towne Rate ; but tf it be found
vpon search That such A sume will not Repayer it, to be safe for Carting : Then The select
men are desired & ordered Eyther to provide A feary boate and A man to keepe it, or
otherwise soe to Repayer y« bridge. That horse & foote may pass securely, whether of y«
two wayes y shall find to be best for y« publicke advantage, provided allwayes. That this
present order for Repayering : notwithstanding it is Commited to y<= Care and prudence
of y*^^ select men & a Commity aded to them hereafter named or y'= major parte of them,
to Consider & Contriue sume way to fill vp y bridge wharfe wise, betweene y« piles at
each end Leaueing only three Lengths for passage in y« midest and to propose sume way
& means to fill y same, In A graduall way doing a parte every yeare till y^ whole be
done, Allsoe to Imploye sume persons to get Contributions from other Townes for &
towards y" efecting of the same, — flfrances More. Humphry bradshaw : Zacariah Hicks.
& Joseph Sill, were Chosen to helpe search y bridge." — Ibid., p. 30.
The prospect of being assessed for the expense of the proposed repairs, by the vote of
the inhabitants of the old part of the town, seems to have given a fresh impulse to the
movement, in the village, to be set off from the old town. Accordingly, in the October
session of 1672, Edward Jackson and others of the south side presented to the General
Coui't their petition praying for a separation.* A hearing on this petition was ordered
for the next General Court, and notice thereof given. The parties appeared according to
notice, t and the subject was continued to the next General Court, when the following vote
was passed giving the petitioners the management of their local afFau-s, but not exempting
them from colony and county taxes nor from the general town assessment for the support
of the grammar school, the maintenance of the bridge, and the pay of the town representa-
tives in the General Com-t : —
" May 7, 1673 In ans"' to the petition of M"' Edward Jackson & John Jackson, in behalfe
of the inhabitants of Cambridge village, on the south side of Charls Riuer, this Court
doeth judge meet to grant the inhabitants of the sajd village annually to elect one con-
stable & three selectmen, dwelling among themselues, to order their prudentiall afifaires
of the inhabitants there according to lawe, only continuing a part of Cambridge in paying
country & county rates, as also toune rates, so farr as referrs to the gramar schoole &
bridge, & also pay their proportion of the chardges of the deputjes of Cambridge, & this
to be an issue to the controuersie betweene Cambridge & them." — Mass. Colony Records,
vol. IV., part II., p. 555.
In 1677 the inhabitants of the south side were appealed to in the following manner, by
the selectmen, to contribute towards the repairs agreed upon five years before, but which
apparently were not yet attempted or at least completed : —
" The select men of Cambridge, to j" Inhabitants of y village on the south side of y^
River —
Bretheren and neighbours. Theare being A publicke Agreement of the Inhabitants of
Cambridge in y^ yeare 1672 that a part of our bridge should be filled vp wharfewise with
wood. And since wee haue ben stured vp theare to by sume Gentlemen in y Country.
And wee had Latly A meeting of our Inhabitants, to Consider of y= dlsposall of our forti-
fication timber (god by his good providence we hope haue prevented A nesessitie of it for
ye end Intended by subdueing ye Indians) It was Concluded by our Inhabitants that it
should be Improued for y filling vp A part of our bridge, and it was Commited to y"
select men y' they should forthwith take Care for the Efecting of ye same. M'hich thing
haue bene atended. and theare is 7 teare AUredy done and wee Intend God willing in ye
spring to be doeing sume more. And therefore we would give your selues. and our
Remoate neighbours an oppertunitie to helpe Carrie it on either by bringing wood this
winter time or other Labour when wee shall worke at it againe — It being to be Carried on
by A publick Charge, and what you doe upon this account. It shall be discounted vpon
your Rate to ye bridge two thirds theareof, Allsoe it is desired y' you would Let vs vnder-
stand what quantity of wood you will bring to y bridge this winter season within 4
weekes becau se we would provide it our selues against .y" spring — The wood y' will sute ye
worke is such as men fortifie theire houses withall the Length of it to be nine, ten : or a
eleauen foote Lons; — by ye order of ye select, men
14 (10) 1677— John 'Cooper CI." — Mass.
Archives, vol. 121, p. 59.
On the tenth of May, 1678, fifty-two of the inhabitants of the south side preferred a
petition to the General Court representing that, although said inhabitants had regularly
voted to give to the town one hundred pounds " in three years, without desiring any
profit or benefit from them, of wood', timber or common lands, but only" their "free-
dom," in consideration of the town's consenting to their being set off as a separate town-
ship, this tender had been rejected and their request refused, and praying to be made a
separate township with a corporate name. On this petition, notice to "all parties con-
cerned " was ordered, returnable at the October session, when the selectmen of the town
filed a long remonstrance, giving a history of the repeated efforts of the inhabitants of the
south side to effect a separation, and professing to show how the partial success which
had attended these efforts had been injurious to the town.
It would seem that in this instance the remonstrants prevailed. Nothing has been
discovered, either in the court recoi-ds, or in the archives, or elsewhere, tending to show
that any change in the existing relations of the town and village was made upon this
petition.
Six years later, the inhabitants of Cambridge again applied to the Legislature for
assistance, in the foUovving petition, in which they give an account of the expenses incurred
by them on account of the Ijridgc : —
* Mass. Colony Records, vol. IV., part II., p. 647.
t Ibid.
[Notes.] Province Laws {Resolves etc.). — 1094-5. 423
"To tho Hono'''''« the Gour Magistrates & Doputyes now assembled ia the Generall
Court.
15'," 8™ 1684: The Petition of the Inhabitants of Cainbriiigo
In most humble wise shcweth.
It is not vnknown to this Honored Court that your poor petitioners, haue many yoares
since erected a Cart Bridge ouor Charles Riuer adjacent to our Town which is in length
beside tho abutments Twenty two polo lor tho erection whereof was disbursed more then
fine hundred pounds, besides the Cans way, & butments which Cost us an hundred pound
more, and after the tirst seaucn or eight yearcs, we are yearly at a Considerable cliarge for
the repayr of y" vpper worico thereof. And when it had stood about eighteen yearcs, was
soe decayed that it greew extreera dangerous both for man and i)east. we were then in a
doubt among our solues, whether to rcpayre it, or to let it drop down, being sensible of
our own Inability to stand vnder the greatness of the Charge that we must of nessessity
bee put vnto for the repayre thereof, yet not knowing how to remayne a society should it
fall, and did therefor rcsolue to doe to the vttermost "of our powre for its repayre, and in
pursuance thereto haue filled it vp with wood, Leaueing oncly fiue arches for the water to
pass, the Charge of which last repayre hath binn more then fiue hundred pound : & the
vsefuHness thereof to the whole Country is soe great, that we haue bin from time to time
much encouraged by such as passed oner it, to represent this our ouerburdened Condition
to this Honored Court, as being Confident that there would be a readyness to alTord us
some reliofe. now as the disbursements haue binn already very great, soe it yet remaynes
a Constant charge vnto us : & this yeare wee must again expend more then fifty pound
in further repayres, or what we haue already done will be vtterly lost.
Wee doe therefor humbly beg pardon for glueing the Honored Court the trouble of this
our address ; and haue Confidence that on a mature Consideration of the premisses, yOur
selues will Judge that we haue not complained of a burthen where non appears to be
reall, and that it would be Injustice to our selues should we haue bine silent to represent
this our ouerburthened Condition to this Hono'^ed Court ; as well as vncharitableness to our
neighbours and brethren should we doe it without some little hope of finding sutable release ;
AH which we doe in most humble wise Commend to the wisdome & Goodness of this
Honered Court, and shall alwayes remayne to pray &c
^ order SamV' Andrews Cla^:' — lhid.,p. 62.
The following is the action taken upon the foregoing petition : —
"In Answer to this Petition, The Magistrates think fit that Cambridge be allowed Ten
pounds ^ Annum out of their Country llate toward the maintenance of y Bridge ; Their
Brethren the Deputies hereto consenting.
Octi- 23* 1684. Sam- Sewall ^ Order.
The d'eputs Consent hereto provided the bridge be kept in Continuall good repayre &
that the sd ten pounds allowed be in Country pay
Consented to by y Magis'« 24 8/mo 1684 William Toreet Cleric.
Edward Rawsox secret." — Ibid.
This annual grant or allowance of ten pounds to the town appears to be the only further
relief vouchsafed to Cambridge by the government during the colonial regime. When
Andros became governor, however, the inhabitants of Cambridge Village, having suc-
ceeded in then- long-cherished aim to be wholly set off from the present town, the Gov-
ernor and Council apportioned the expense of maintaining tho bridge, upon the county, the
town, and the village, in tha proportion of one-half, one-third, and one-sixth, respectively.
The date of the order of notice upon the application for this separation was January 6,
1687-8, and the order in Council was as follows : —
" At a Council held at the Council Chamber in Boston on Wednesday the eleventh day
of January, 1687 ; Present,
His Excy. S'. Edmund Andros, Kt., &c.
William Stoughton, ] John Usher,
Robert Mason,
Peter Buckley,
Wait Winthrop,
Upon reading this day in Council the petition of the inhabitants of Cambridge Village
in the County of Middlesex, being sixty families or upwards, that they may be a village
and place distinct of themselves and freed from the town of Cambridge to which at the
first settlement they were annexed ; they being in every respect capable thereof, and by
the late authority made distinct in all things saving paying towards their school and
other town charges, for which they are still rated as a part of that town ; and also the
answer of the town of Cambridge thei-eto ; and hearing what could be alleged on either
part, and mature consideration had thereupon ; those who appeared on the behalf of the
town of Cambridge being contented that the said Village be wholly separated from them
as desired, and praying that they may be ordered to contribute towards the maintenance
of Cambridge Bridge, and that other provision be made as formerly usual to ease the town
therein : — Ordered, that the said village from henceforth be and is hereby declared a dis-
tinct village and place of itself, wholly freed and separated from the town of Cambridge,
and from all future rates, payments, or duties to them whatsoever. And that, for the
time to come, the charge of keeping, amending, and repaking the said bridge, called Cam-
bridge Bridge, shall be defrayed and borne as followeth (that is to say), two sixth parts
thereof by the town of Cambridge, one sixth part by the said Village, and three sixth
parts at the public charge of the County of Middlesex.
By order in Council, &c. John West Dy. Secy." — Paige's
History of Cambridge, p. 95.
On the fifteenth of December, 1691, Cambridge Village received its corporate name of
New Town* by an ordinance of the provisional government, and on the third of March,
• Council Records, vol. VI., p. 207.
■p Edward Randolph, VEsqs.
^^^^- Francis Nicholson,
424 Province Laws {Resolves etc.), — 1694-5. [Chap. 3.]
1693-4, the General Court by a public act* revised the apportionment ordered by Andros,
and, while holding Newton to all its existing engagements to contribute to the repairs of
the bridge, it put the responsibility for rebuilding the bridge, and maintaining it for the
term of twenty years, upon the town of Cambridge, in consideration of which that town
was to receive a grant of one hundred and fifty pounds from the province treasury.
The petition upon which this act was passed is as follows : —
" To his Excelency S' "Will™ Phips Kn' Governor in Cheife of this theire majti' Province
of the Massachusetts Bay in New England and to the Hon'able Councill and Representa-
tiues Convened in Gen" Court or assembly —
The Petition of the Inhabitants of Cambridge in the provnce aforesaid in most humble
wise sheweth.
That yo"" Petition'^ being encouraged to so great an vndertaking by the liberall contri-
bution of neighbouring Tovvnes about ThLrtie yeares since, did erect the great Bridge over
Charles Riuer, The vpholding whereof being had in consid'ation in S'' Edmund Andros
his time of Goverm', It was then ordered that one moj'y of. charge should be payd by the
County for all nesesary repaires one sixt part by the viliage belonging to c Towne on
south side the riuer, the remainder (vizt) 2/6 p'*' by the Towne :
And the Gen" Court hath since accordingly priuilidge said villiage, w"" confirming to them
said ordf refering to theire liberty of being a peculiar, l)ut for want of confirming theire and
the, said Counties obligation by said ordi^ In S'' Edmund Andros Govm' refering to the
Bridge, the Towne hath had no Releif from y^ County excepting for one yeare, The burthen
whereof is now so heavy vpon us, that w'i>out some releife, we are not of o' seluies capa-
ble of vpholding the same any longer —
The conveniency and advantage of b<^ Bridge to all pts of this province is well knowne,
for Travilers, Carts and drovers of w'''* there will be a greater sence of the want thereof
then now is if it be sufered to fall
And besids disbursm'^ for makingjiessessary high ways over the marshes for passages
thereto about sixteen yeares since (at the sole Charge of the Towne) we filled vp said
Bridg wtb Timber leaving only convenient passag for the waiter and Boates, -w^^ for the
Gen^ty is yet in good order, and if now neglected will be all lost
O"' Humble request therefore is that this Hon'^'e Court will please to confirme the afore
said ord"" made by the Gov^or and Councile in S"" Edmond Andros time of Goverm', or in
some other way as to you shall seem most just and equall to order the pay"' of nesessary
disbursm'3 for vpholding the same, in such repaire as may be for the safty of all Travitors
In case the veritie of w^ we thus Humbly present be doubted
Wee pray that a committe of meet p'sons be apointed by this Court to come vpon the
place that they may w<i> theire owne eyes Behold the truth thereof, That so great expence
should be lost for want of Releife and the burden thereotF be left only to the remainder of
Cambridg wee p'swad o^ seluies will to them seeme pity full — May we obtaine the just f avo''
of yo' Exceleny and this Honbi" court in the premises yo"' Petitioner shall be greatly
obleiged in thankfullness and shall remaine to pray : &c :
Walter Hasting "1
Jno Jackson Select
Sam*^ Andrew j men." — Mass.
Edward winship
Archives, vol. 121, p. 64.
This petition was read in the House on the fourteenth of November, 1693, when a vote
granting the prayer thereof was passed, and sent up to the Council for concurrence.
The Council not concurring, the petition was refen-ed to a joint committee consisting of
John Hathorne and Samuel Sewall, of the Council, and Richard Sprague, Stephen Frances
and Timothy Clarke, of the House.
On the first of December, the report of this committee, in the form of an order, was read,
a first time, apparently, in the House. It was as follows : —
" In answer to the Petition of Cambridge relatins to the great Bridge over Charles-River
Ordered that all the Land on the south side of Charles River be from hence forth laid
to, and for ever be within the County of Suffolk, And that in Consideration thereof, and
the benefit that Boston and many other Towns adjacent enjoy by s<> Bridge, The County
of Suffolk do for ever hereafter bear one full half of the Charge of Repairing and main-
taining the said Bridge ; and that Part of Cambridge lying on the North side of the River,
to bear the other half.
We the Coinittee apointed to consider how the Charge of Cambridge Bridge ought to be
born doe make the above-written Report John Hathorne
Sam* Sewali..
Richard Sprague
Stephen Frances
TiMO Cl^ARKE." —Ibid., p. 6o.
This report was read again on the fourth, and on the fifth it was accepted by the House
with the following amendment, and was ordered to be sent up to the Governor and Council
for concuri'ence : —
"Boston Decemb^B* 1693. if tbis passes both houses y« law for stateing ye bounds of
y Counties to be Repealed." — Ibid.
Accompanying this report, in the archives, is the draught of another order, without
date, making the same apportionment of expense for future repairs, with a memorandum
(endorsed "for present repair "), of three hundred pounds, to bo contributed equally by
Suffolk County, the Province and the town of Cambridge.
Still another memorandum, evidentlj prepared in the Council, is preserved with tho
foregoing papers, which runs as follows . —
* Province Laws, 1693-4, chapter 22.
[Notes.] Province Laws {Resolves e^c). — 1694-5. 425
" His Excollcncj'tho Governf w"' the Councill being deeply senciblo of the daniago to
the publiko in case the great Bridge at Cambridge bo not furtliw'*' repaired, & Judging
it to great a burthen to impose the whole charge thereof vpon that litie Towno of Cam-
britlge, Propose tliat tlie present necessarv disljursc, w '' is estimated to bo about GOOj" be
paid loot \) C'aniljridge, lOOj" 4,> the County of SuffolliC. 20j- 4/ Newtownc. & the remainder
80* to be by a voluntary Contribution of such as are well-wishers to so necessary & pub-
liko worke. Charles River to be the bounds between the Countyes of Suflfblko and Mid-
dlesex." — Ibid.
Before the introduction of the bill which passed to be enacted,*for annexing to the county
of Suffolk the lands on the south side of the river, and for apportioning one-fourth of the
charge of maintaining the bridge upon the town of Cambridge and the county of Middle-
sex, and the other half of the expense upon the county of Suffolk, the following bill had
been prepared : —
" An Act for Repairing and maintaining of the Bridge over Charles River by Cambridge
Whereas the Bridge over Charles River in the bounds of Cambridge within tho County
of Middlesex is of common use & advantage as well to the County of Huffoike as tho
s!^ County of Middlesex, The same being at iirst Erected by a general Contribution of
ye neighbouring Towns of both Counties and having been hithertoupheld at the Charge of
thie Towns of Cambridge and Newton sometime a peculiar of Cambridge, and the s''
Bridge being now broken down and fallen to decay. And forasmuch as the whole Charge
of new building and maintaining of the same seems not only to be uuequall but would
also be insupportable to lye upon the s^ two Towns, others having so great a share in the
benetit and advantage thereof.
Bo it therefore ordained and Enacted by the Governour Council and Representatives in
General Court assembled, and by the authority of the same. That the s|l Town of Newton
and all the Land lying on the south side of Charles River be from henceforth added and
laid to and for ever continued to be within the County of Suffolke, the act referring to the
setling and stating of the Bounds of Counties or any other act or thing to the contrary A
thereof in any wise notwithstanding, and that in Consideration thereof, and the General ^
benefit that both the afors^ Counties have and receive by the s^ bridge —
It is further Enacted and ordained That the s^ Bridge over Charles River be forthwith
well and sufBciently made up and set into good repair and from time to time and at all
times for ever hereafter when and so often as there shall be occasion be maintained
repaired and new made at the charge of that part of the Town of Cambridge lying on the
north side of the River, the s^ County of Suffolk and County of Midd? in proportion as
foUoweth. That is to say, one Fourth part thereof to the sfi north part of Cambridge, one
Fourth part to the s'} County of Midd^ and the other halfe to the s;i County of Siiffolke.
And the Court of Quarter Sessions or four of the next Justices of Peace {Quorum unus)
within each of the s'} Counties shall appoint two Surveyors to order and see the s^ Bridge
repaired and amended from time to time as often as need shall require, which surveyors
are to keep an exact accompt of the whole Charge of doing y° same, and such accompt
shall present to the Justices in General Sessions of the Peace, to be by them approved and
allowed, and the s.d Justices shall proportion and state the charge upon the several Towns
within the s^ Counties in manner as aforesji and make out an order unto the selectmen or
Townsmen of each Town respectively to assess and Tax such Towns just part and propor-
tion of s.d Charge so set upon the Inhabitts thereof in a List fairly ^vritten with every par-
ticular persons name and skname and sum therein set down as equally as they may
according to the Rules and methods used for raysing of other publick Charges, and such
List being perfected & signed by the Selectmen they shall deliver unto tho Constable or
Constables of such Town with a Warrant thereto affixed under the hand and Seal of the
Town Clerk, who is hereby impowred to grant th 
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