ARCHIVES
K
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 0
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 0
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 0
00-0.3-0
00.
00.
02.00
01-0
00.05 0
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 0
Affidavit out of Court 00.01 0
Each days attendance at the sessions to be paid out of ) nn n- r.
^.l r. '' '■ V 00.0;): 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 : 0
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 : 0
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 constable of Aimsbury, for
payment of twenty pounds to the treasury, in discharge of the arrears
of public assessments committed to him to collect, setting forth that
the said John Hoyt was lately murdered by the Indians, and has not
left estate to the value of five pounds, praying that their bond in the
treasurer's hand may be cancelled, —
Voted, In concurrauce with the representatives, that the petitioners
be abated the sum of sixteen pounds, being what remains of said sum
of twenty pojinds unpaid into the treasury, and that said obligation
be cancelled. [Aj^proved December 9.
* Now Sherborn. See act of May 3, 1852.
[3 1) Sess.] Puovince Laws {Resolves etc.), — KJDO-T. ]31
CHAPTER 5 2.
VOTE FOR APrROVING AND ALLOWING THE RROVINCE TREASURER'S
AC(X)UNTS FROM MAY -27, TO NOVEMBER 11, 1096.
The ACCO^ri'Ts of M"" Jaines Taylor, treasurer and receiver-general
of this province, beginning the twenty-seventh day of May, IGOO, and
continued unto the eleventli day of November following, amounting
unto the sum of twenty-six thousand four hundred forty-five pounds
nineteen shillings and one penny, having bt'en presented and laid
before the house of representatives, and inspected by s''- house, by
which it appears there was standing out, on the said eleventh day of
November, the sum of seven tliousand one hundred twenty-three
pounds nine shillings and sevenpence, 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 nnto the sum of nineteen
thousand three hundred twenty-two pounds nine shillings and six-
pence, be and hereby are approved and allowd of, and the said
treasurer is hereby discharged of the said sum of nineteen thousand
three hundred and twenty- two pounds nine shillings and sixpence.
[^Approved December 10.
CHAPTER 53.
VOTE FOR ALLOWING SEVEN POUNDS ELEVEN SHILLINGS TO SAM-
UEL PARTRIDGE TOWARDS THE EXPENSE OF A SPECIAL COURT OF
OYER AND TERMINER, HELD AT NORTHAMPTON, FOR THE TRIAL
OF FOUR INDIANS.
Upon reading of an accoinpt presented of the charge arising for a
special court of oyer and terminer, lately holden at Northampton in
the county of Hampshire, amounting to the sum of thirty -one pounds
sixteen shillings, —
Voted. That the Sum of Seven pounds eleven shillings be allowed
and paid to Capt. Patrigg on behalf e of y*" persons concern'd out of the
publick Treasury of the pi'ovince towards the charge of s'] Court, and
that the Remainder of s'J Account be allowed and paid out of the Treas-
ury of s'} County of Hampshire. [^Approved December 12.
CHAPTER 54.
DRAUGHT OF A PROCLAMATION FOR APPOINTING THURSDAY, JANUARY
14, 1696-7, AS A DAY OF GENERAL FASTING AND PRAYER, AND THE
VOTE APPROVING OF SAID DRAUGHT.
The bill for appointing a publick fast upon Thursday, the 14* of
Januarj' next, w^as sent up from the representatives with their concur-
rauce thereon, and consented unto. [^December 17.
132 Province Laws {Rf^solven etc.). — 109(3-7. [Chap. 55.]
•
By the Hou''!*^ the L? Gov- Council & assembly of his Maj'^^ Province
of y" Massachusetts Bay ; in General Court assembled^
AVdkrkas the Anger of God is not yet turned away ; but his Hand
is still stretched out against his people, in manifold judgments ; par-
ticularl}'-, in drawing out to such a Length, the Troubles of Europe, by
a perplexing War. And more Especially, respecting our -selves in this
Province, in that God is pleased still to go on in diminishing our sub-
stance cutting short our Harvest ; blasting our most promising Under-
takings ; more ways than one, Unsettling of us ; and by his more
immediat Hand, snatching away many out of our Embraces by suddain
& violent deaths ; even at this time when the Sword is devouring so
many ; both at home and abroad ; and that after many Days of pub-
lick and Solemn addressing of Him. And altho, considering the many
Sins prevailing in the midst of us. We cannot but wonder at the Pa-
tience and Mercy moderating these Rebukes ; yet we cauot but also
Fear, that there is somthing still wanting to accompany our Suplica-
tious. And doubtless there are some particular Sins, which God is
angry with our Israel for, that have not been duely seen and resented
by us, about which God expects to be sought, if ever He turn again
our Captivity.
Wherefore its Coiuand'' & Apoif^ that Thursday the Fourteenth of
January next be observed as a ]3ay of Prayer with Fasting throughout
this Province ; strictly forbidding all Servile Labour thereon. That
so all God's people may offer up fervent Supplications unto him for
yr preservation & prosperity of his Maj'^^ Royal person & Governm'
and Success to attend his Affaires both at home & abroad That all
Iniquity may be put away, which hath stirred Gods holy Jealousie
against this Land ; that He would shew us what we know not, and
help us, wherein we have done amiss, to doe so no more : And Espe-
cially, that whatever Mistakes, on either band, have been fallen into ;
either by the body of this People, or any Orders of Men, referring to
the late Tragedie raised amongst us by Satan and his Instruments,
through the awfull Judgment of God ; He would humble us therefore,
and pardon all the Errors of his Servants and People that desire to
Love his Name, And be attoned to His Land. That He would remove
the Rod of the Wicked from off the Lot of the Righteous ; That He
would bring the American Heathen, and cause them to hear and obey
his voice ;
CHAPTER B^.
VOTE AND ORDER FOR SUSPENDING THE CLAUSE IN THE ACT OF
AUGUST 17, 1695, PERMITTING THE GRANTING OF LICENSES FOR
TRADE TO NOVA SCOTIA.
In the House of Representatives.
Forasmuch as it is very Evident, That both the French and Indian
Enem}'- are releive'd and Succoured by the Supplys transmitted, from
hence unto Port Royal and other places in Nova Scotia, on pretence
of rcleiving and Supporting of the Inhabitants of those parts that
have Subject'? unto the Obedience of the Crown of England ; Avho
notwithstanding do carry on a Trade with the Indians ; and iiold corre-
spondence with the French Seated on the River of S- Johns being open
and declared Enemy s. And Whereas by an act of the General
Assembly Entituled An Act to pi-event the Supplying of his Maj'""'
[3d Sess.] Province Laws {Resolves etc.). — 1696-7. 133
Euemys all Persons are prohibited to have any coiTieree or dealings
with the French of Port Royal or parts adjacent in Accadic or Nova
Scotia or to convay any Goods or Merchandizes unto y? by Land or
water without licence first had and obtained from the Gov' and Coun-
cil, under the pains and penaltys iu the said Act mentioned. For the
better Satisfaction of his Maj'^' good Subjects, and the preventing of
any Supply s being convaycd unto his Enemy s and the ill consequences
thereof.
Vot^. That no person or persons whomsoever be permitted or Licensed
to have any intercourse of Trade to accadie or Nova Scotia or to any
part or parts thereof or places adjacent any thing in y°. aforerecited
act notwithstanding. And that it be Entred as an Order of this Court
that the Clause in the s"} Act for granting of Licences for comerce or
dealings to the si parts or places be Suspended during the pleasure of
this Court, to ease the Gov' & Council of the trouble of the importu-
nate Sollicitations of any persons for such Licence. [^Concurred in
by the Council^ and approved December 18.
CHAPTER 56.
ORDER FOR THE REGULATION AND RATING OF SOLDIERS' AND SEA-
MEN'S WAGES, ETC.
Ordered That The wages or pay to be allowed to Officers and souldiers
That are or shall be Comissioned or detatched and imployed in his
Ma'y^ service shall be according to the respective Rates ^ week herein
after mentioned & set down and no other. That is to say.
For a Major. Fifty shillings, Captain of Foot Thirty shillings
Lieutenant, Fifteen shillings. Ensigne Twelve shillings.
Sergeant, nine shillings, Gierke nine shillings.
Corporal, seven shillings, Drumer seven shillings.
Private Sentinel six shillings —
For a Captain of a Troop Forty Of Dragoons Thirty five shil-
shillings, lings
Lieutenant Twenty five shillings. Cornet Twenty shillings.
Quarl Master, Fifteen shillings. Corporal Twelve shillings.
Gierke — Twelve shillings. Trumpeter twelue shillings
Trooper — Ten shillings. Dragoon Eight shillings
For a Chaplain Twenty shillings. Chirurgeon Twenty shillings
Chirurgeons Mate or Assistant Twelve shillings sixpence
Commissary being Commissioned fifteen shillings —
Armourer finding his own Tools ten shillings.
Land pilot Fifteen shillings —
If any Officer above the Degree of a Major be at any time imployed,
his pay to be allowed by this Court.
That the pay to be allowed for the several Charges & Services here-
after expressed be as followeth. That is to say. For billeting of
souldiers in Towns whilst randevouzing or on a March Eight pence ^
day & no more unless the Gov' & Council upon Consideration of the
dearness of provisions shall order some further Allowance not exceed-
ing twelve pence <p day in the whole for each souldier Billeting by the
weeke not exceeding three Shillings and Six pence ^ man.
For a post four pence ^ mile from the place whence he comes unto
the place sent to, he bearing his own Charges for himselfe & horse,
134 Province Laws {Resolves e^c). -- 1696-7. [Chap. 57.]
For Ferrage of men or horses imployed in his Ma'T' service halfe the
usual &, stated price, For a Carter Cart and two horses he finding him-
selfe and horses five shilling ^ day. For a horse at Grass three pence
a day and night. For a horse at hay & provender six pence a day and
night; and if at Boston nine pence. For hire of baggage horse
twelve pence ^ day. For a horse imprest for a post or other special
service twelve pence <^ day.
That the wages or pay of Officers, Mariners and Seamen imployed
in his Ma'^' service by sea shall be according to the respective Rates ^
month hereafter mentioned & no other That is to say
For a Captain of a Ship above Thirty Guns Eight pounds Lieutenant
Four Pounds Captain of a Ship or Vessell under Thirty Guns
not exceeding seven pounds. Lieutenant (if any be allowed.) Four
Pounds Purser of a ship above Thirty Guns Three Pounds
no purser to be allowed to any ship or Vessell under thirty Guns.
Master four pound, — Masters Mate and Pilot Forty ffive shillings
Quarter Master Thirty two Shillings Boatswain fforty Shillings. Gun-
ner fforty Shillings. Chirurgeon fflfty Shillings Chirurgeons Mate
Thirty Shillings Trumpeter Thirty Shillings. Cooke Twenty Eight
Shillings Armourer finding his own Tooles ten shillings over and above
Seamens pay. Able seamen Twenty Eight Shillings, Ordinary seamen
Twenty four shillings Boy Ten shillings.
Master of a Tender or Deckt Vessell for transportacon four pound
Master of an open Boat or sloop Three pound, able seaman in an open
boat or sloop thirty shillings — Pilot extraordinary in a ship of War of
twenty Guns or upwards, three pounds seventeene. shillings & six
pence. Pilot extraordinary in a ship of War under Twenty Guns
Three pounds —
That the pay for the hire of a ship of War taken up and fitted by
the Owners as such be ten shillings ^ Tun amonth. of ships or other
deckt Vessells for transportacon or Tenders above Eighty Tuns seven
shillings ^ Tun amonth under Eighty Tuns six shillings |? Tun
amonth : of open sloops or Boats five shillings <p Tun amonth.
This Order to continue in force for the space of twelve months next
ensueing, and until the end of the sitting of the General Assembly
next after the expiration of the said twelve months and no longer. —
{^Approved December 18.
CHAPTER 57.
VOTE APPOINTING A COMMITTEE, ETC., TO COLLECT THE LAWS RELAT-
ING TO THE DUTIES OF GRAND JURORS, CONSTABLES AND TITHING-
MEN, TO CONSIDER THE MEMORIALS OF THE MINISTERS, AND TO
PREPARE BILLS AGALNST IMMORALITY, ETC.
Voi^. That James Russell Samuel Sewall and Joseph Lynde Esq" be
and are appointed a Comittee to joyne with such as shall be named by
the House of Representatives to make a collection out of the several
Acts and Laws of this Province, of the Powers and dutys of Grand-
juro" Constables and Tythingmen, That so a sufficient number of them
may be printed, to informe the s"* Officers of their respective dutys in
order to the exciting and quickning of them to a faithful discharge
thereof.
[3d Sess.J Province Laws (liesolves etc.). — 1696-7. 135
Also that the s^ Couiittee do consider of the several particulars con-
tained in the Memorials present*} by the Ministers, and prepare Bills
for redressing of those Evils and imoralitys therein complain'? of, that
are not already provided against by Law ; to be laid before this Court
at their next Sitting. James Russell Esqr to be chairman of the said
Comittee, and to appoint the time and place for meeting:.
In Council. 18'-^ Dec^ 1G96, and Sent down for concurrance.
Is^ Aduington Seen/.
Voted A Concurrance — Maj^ Pen Townsend, Capt Nathaniel
Byfield M' John Eyre M' John Leveret and Capt. Richard Sprague are
appointed a Committee for the purpose afores'J
Decembi IS'-'' 1696. Penn Townsend Speaker [^Approved
December 18.
CHAPTER 58.
DRAUGHT OF A PROCLAMATION FOR APPOINTING THURSDAY, FEBRU-
ARY 4, 1696-7, AS A DAY OF PUBLIC THANKSGIVING, AND THE VOTE
APPROVING OF SAID DRAUGHT.
A BILL for a public Thanksgiving upon Thursday, the fourth of
February next, was drawn up, and, —
Voted and concurred with by the representatives. \_Approved
December 18.
Province of the By the Hon''-'® the Lieul Gov'
Massachusetts Bay. Council and Assembly convened in
General CourtX
This Court Taking into their serious Consideration the Many
Fauours God is pleased to indulge his People of this Province with in
these distressing times Viz- the great measure of health continued in
most places ; the Restraining of our Enemies beyond our hopes, the
providing of Bread for us contrary to our F'ears ; And above all that
the pure & powerfull Dispensation of God's Word and Ordinances is
plentifully bestowed upon us ; the Word of the Lord is not become
precious in these dayes through the Scarcity of it And these Favours
Enjoyed under the Gracious Governml of our Sovereign Lord the
King. It is therefore Ordered that Thursday the Fourth of F'ebruary
next be Observed as a day of Solemn Thanksgiving throwout this
Province, And all servile Labour is hereby forbidden on sd day ; And
the Several Ministers and People are Exorted diligently to attend their
duty herein, that so by our Ingratitude we may not forfeit our hitherto
— Continued — Mercies ; But that God of Unaccountable Benignity
may arise & save us.
136 Province Laws {Resolves etc.). — 1696-7. [Chaps. 59-62.]
CHAPTER 59.
VOTE FOR CONFIRMING THE DEBENTURES ISSUED TO THE SOLDIERS
UNDER THE COMMAND OF MAJOR BENJAMIN CHURCH, IN THE
LATE EXPEDITION TO THE EASTWARD.
Voted. That all the Souldiers under the Command of Major Benjamin
Church in the late Expedition Eastward, shall receive according to the
Computation made in the Debentures already granted by the Com-
mittee. \_Approved December 18.
CHAPTER 60.
VOTE FOR ALLOWING SEVENTY POUNDS TO ISAAC ADDINGTON, SEC-
RETARY OF THE PROVINCE, FOR HIS EXTRAORDINARY SERVICES
IN THE YEAR 1696.
This house, considering the extraordinary and constant labour,
pains and attendance of Isaac Addington, Esq""-, his maj"*^^- secretary,
by reason of the pressures of the warr, etc., do grant that there be
allowed unto the said Isaac Addington, secretary, out of the public
treasury for his extraordinary service in the present year, 1696, the
sum of seventy pounds, and pray that the hon''"'^- the lieut.-governour
and council will order the payment of it accordingly. \^Co7icurred in by
the Council and approved December 18.
CHAPTER 61.
VOTE FOR REMITTING ELEVEN POUNDS ARREARS OF TAXES FOR-
MERLY LAID ON THE TOWN OF DARTMOUTH.
Voted, In concurrance with the representatives, that Dartmouth old
arrears of eleven pounds be discharged by M''* Treasurer, supply being
made for it in the last tax. \^ Approved 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* 1700
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 with a Comittee of the Board to Prepare, and Lay before this
Court Instructions for the Agent to be sent from this Province to
Negotiate their Affairs in England.
Sent up for Concurrence. Nehemiah Jewett. Speaker
In Council, die predict.
Pas't a Concurrance and That Elisha Cooke, Samuel Sewall Esq-
and the Secretary be a Committee of the Board to joyne with the Com-
mittee of the Representatives for the Affayr abovemention*?
Isf Addington Secry.
[Pa.ssefZ August 1.
CHAPTER 53.
RESOLVE FOR SENDING A VESSEL TO PROCURE INTELLIGENCE CON-
CERNING THE FRENCH SOLDIERS LATELY ARRIVED AT PORT
ROYAL.
Whereas This Court have Received Advice That severall French
ships of force with Six Hundred Souldiers are lately Arrived at Port-
Royall in Nova scotia, concerning which matter They Apprehend it
needfull that further Intelligence be obtained.
Resolved That a shallop or some other suitable vessell be sent forth-
with to make Discovery of the Posture & Proceedings of the ffreneh
there. \_Approved August 5.
306 'PROvnfCE IjAws (Besolvesetc). — 1701-2. [Chaps. 54, 55.]
CHAPTEK 54.
RESOLVE FOE, ALLOWING AND PAYING FORTY-FIVE POUNDS, EACH,
TO WAIT WINTIIROP, ELISHA COOKE AND SAMUEL SEWALL, JUSTICES
OF THE SUPERIOR COURT, ETC., FOR THEIR SERVICE FOR ONE
YEAR ENDING DECEMBER, 1700, AND TWENTY-TWO POUNDS AND
TEN SHILLINGS TO JOHN WALLEY, ONE OF THE JUDGES OF SAID
COURT, FOR ONE HALF YEAR'S SERVICE TO THE SAME DATE.
Resolved — There be Allowed and Paid out of the Publiek Treasury
to the Hon^'' Wait Winthrop, Elisha Cooke, and Samuel Sewall Esq"
Judges of the Super- Court of Judicature, to each of them the Sum of
fforty and five Pounds, for their Service the Year last past Expiring in
Decern- and to the Hon''!'' John Wallcy Esq- one of the Judges of S*^
Court the Sum of Twenty and Two Pounds Ten shillings for halfe a
Year's Service Expii4ug at the Time afores^ \_Approved August 6.
CHAPTER 55.
DRAUGHT OF AN ADDRESS TO THE KING, AND RESOLVE THAT THE
SAME BE ENGROSSED AND FORWARDED.
To the Kings most Excellent Majesty. —
The humble Address of the Council and Representatives of your
Maj".''' Province of the Massachusetts Bay in New-England in General
Court assembled —
Most Gracious & Dread Soveraign.
We crave leave in all humility to express the deep sorrow where-
with we are very sensibly affected under the awful Dispensations of
Divine Soveraignty towards us. First in the death of the trucly Noble
Earl of Bellomont your Ma"f late Captain General and Governour in
Chief of this yo^ Province and soon after in the death of the Hon*!''
William Stoughton Esqiyour Maj".^^ late L- Governour and Commander
in Chief of the same ; Deploring our great unhappiness in being deprived
of the Conduct of two such Worthy persons more especially at a time
when the present conjuncture makes us stand in the greatest need of
all that wisdom Skill and prudence for directing the Affairs of the
Government which we had large experience of in them.
Our Trust under God is nextly on your Ma'^' Grace towards us, Hope-
ing That the same Royal Goodness which inclined yo^ sacred Majesty
to be favourable to your good Subjects here in the appointing of persons
so worthy and desirable to the chief places of Government over us will
still dispose your Majesty to have the like Princely care of and Re-
cuard to us.
Royal SI
We humbly crave leave further to let your Majesty understand That
we have had the perusal of your Maj".'=' several Gracious Letters of the
10"^ of January and 2"? of February 170^-: and on mature Considera-
tion of your Maj''" Royal Pleasure therein signifyed, have humbly made
bold in a Memorial accompanying this our Address to represent and
set before your sacred Maj'^ the true state of our affayrs humbly pray-
ing your Maj'y to be graciously pleased to cast a favourable Aspect
thereon And of your Royal bounty to afford the Supplys and assistance
[2d Sess.] Province Laws {Resolves etc.). — 1701-2. 307
therein mentioned as necessary for the defence of your Ma"?' Interests
within this your Province; whereby your good Subjects will be fui-ther
Encouraged in their Duty.
The warm Rumours we have of the probability of the opening of a
new and bloody War makes us repeat our pressing Instances on this
Occasion, And We have accordingly appointed Wait-AVinthrop Esqr to
attend your Majesty Avith this our Address, And to Sollicit the Affairs
of this Government Hambly Praying That he may have liberty of
Access to your Maj''f' Royal Presence and yo- Maj''P' Gracious Coun-
tenance to him in his humble Applications on behalf e of yo^" Maj''^' good
Subjects here And we shall be thereby further Obliged, as in duty
bound, constantly to pray for your Maj"" long life and prosperous
Reign-/.
May it please yo- Maj^^ .
Your Ma"f'
Most Loyal, Obedient and Dutiful Subjects. — .
In the House of Representatives August 7. 1701.
Resolved — That This Addresse be f aMy Engross'd and humbly Pre-
sented to his Majesty [^Appwved August 7.
CHAPTEE BQ.
RESOLVE FOR ALLOWING TEN POUNDS, EACH, TO WAIT WINTHROP,
ELISHA COOKE AND PENN TOWNSEND FOR THEIR SERVICES AS A
COMMITTEE TO WAIT UPON THE EARL OF BELLOMONT AT NEW
YORK.
Resolved — That there be Allowed out of the Publick Treasury unto
the Hon^^ Wait Winthrop, Elisha Cooke, and Penn Townsend Esq!? to
each of Them the Summ-of Ten Pounds for their service in Travelling
to New Yorke to Congratulate the Arrivall of his Excellency the Earle
of Bellomont late Govern I. of this his Maj!i^^ Province. \_Approved
August 7.
CHAPTER 57.
MINUTES OF ANSWERS TO LETTERS RECEIVED FROM CONSTANTINE
PHIPPS AND SIR HENRY ASHURST, AGENTS OF THE PROVINCE, ETC.,
AND ORDERS DIRECTING THE SECRETARY OP THE PROVINCE TO
PREPARE LETTERS ACCORDINGLY.
MiNtJTES in Answer to a Letter from Constantine Phipps Esq' Dated
London May 16'-'' 1700. Directed to his Excellency the Earle of
Bellom? the Govern^ & the Hon'".'= the Councill of the Mass : Bay in
N : E : That acknowledgment be made of his great Kindness &
Respect for the province manifested therein. And that Thanks be
Returned for his Great & Good Service done for vs
That whereas s*? Const : Phipps writes, he Expects as much as S^ H :
Ashhurst, being in joint Comission with him. It be Answered we have
not had an Ace- from S- H : xYshhurst of his Disbursm'.' & so know not
what he hath had for his Trouble.
That an Hundred Pounds Stert : be ordered him as a further
Acknowledgm? of his service for us.
308 Province Laws (i?esoZvese<c.). — 1701-2. [Chaps. 58, 59.]
In the House of Representatives Aug'i. B'i 1701. Read &
Ordered — That W Secry. be Desired to Draw a Letter accord-
ingly.
Sent up for Concurrence. Nehemiah Jewett. Speaker.
In Answer to a Lett!" from S!" H : Ashhurst Dated from London Ap.
y? 30'^ 1700. Directed to his Excy the Govern^ Couucill & Genii Assem-
bly of the Massachusetts Bay in New England.
That Acknowledgm? be made of his great kindnesse & respect for
the Province manifested therein &
That we never expected a ^ticular Ace? of all your Disbursem'.' when
& to whom made, or a Rating of your Time and Pains, but as we
wrote in our last such an Ace- of your Disbursem^^ as you can give, and
the matters they relate unto will conveniently bear. & particularly an
Ace* of the navall Stores.
Thanlis to be return'd for his great Pains taken and service done foi
us, in attending at the severall offices &c his Answer to the Earle of
Liiiierick's Petition &c.
That we do not know the Claim of Duke Hamilton concern'd this
Province, but are thankfull for his service in Preventing the Patent of
Incorporation &c.
In the House of Representatives Aug^i 8^? 1701. Read &
Ordered — That My Secly be Desired to Draw a LettL accordingly
Sent up for Concurrence. Nehemiah Jewett Speaker
\_Approved August 8.
CHAPTEK 58.
RESOLVE FOR ADVANCING MONEY TO WAIT WINTHROP, AGENT FOR
THE PROVINCE, FOR THE PURPOSES OF SAID AGENCY, AND FOR
AUTHORIZING THE COUNCIL TO EXPEND A FURTHER SUM FOR
THE SAME PURPOSE; BEING IN ALL ONE THOUSAND POUNDS.
Resolved — That the Sum. of fflve Hundred Pounds be Advanced out
of the Publick Treasury towards furnishing the Hon*!'" Wait Winthrop
Esq- Agent for this Province, with money necessary for him in his
Agency. And five Hundred Pounds more out of the Publick Treary
for si service when the Hon**;'^ Councill shall see there is need for it.
\^Approved August 9.
CHAPTER 59.
RESOLVE INVESTING THE COUNCIL WITH THE CHARGE OF HARVARD
COLLEGE, ETC., UNTIL THE NEXT SESSION OF THE GENERAL
COURT.
Resolved —Thcii It be left with the Ilon'i'' Councill, to take Care of
and Order what Shall be further necessary ito the Settlem? of the Col-
ledge untill the next Assembling of this Court.
That (if it may be) the Person who Shall have the chief Govern-
ment of the Colledge Reside there, And Perform the Service that hath
formerly been Discharg'd by Presidents. {^Approved August 9.
[2d Ses8.] Province IjAWS {Besolves etc.) . — 17U1-2. 309
CHAPTER 60.
ORDER FOR REFERRING TO THE NEXT SESSION OF THE GENERAL
COURT THE PETITION OF THOMAS BRATTLE AND TIMOTHY CLARKE,
A COMMITTEE TO SUPERINTEND THE REBUILDING AND REPAIRING
FORTIFICATIONS ON CASTLE ISLAND, REQUESTING THE PETITION-
ERS TO CONTINUE SAID WORK.
On the pktitk^n of Timothy Clarke and Thomas Brattle, the com-
mittee appointed to superintend the rebuilding and repairing fortifica-
tions on Castle Island, — *
Ordered — That the Consideracon of this Petition be Referred to the
next session of this Court, the Petitioners be Desired to Continue &
Proceed in the work Comitted to them. And this Court will Take care
that all reasonable Satisfaction be made them for their service [Passed
August 9.
CHAPTER 61.
RESOLVE AND ORDER APPOINTING THURSDAY, THE EIGHTEENTH
DAY OF SEPTEMBER, 1701, AS A DAY OF GENERAL FASTING.
In the House of Representatives. — Friday Aug? 8'^ 1701 A : M :
Resolved, That on Thursday the 18'^ day of septembf next there be
kept a Solemn ffast throughout this province In consideration of the
Sundry Awfull providences hereafter mentioned viz' Respecting the
Awfull breach made upon us in the Death of our late Hou'^'' Governour
and Lieu!' Governour And hand of God against us as to the Blasting
the ffruits of the Earth, and for the Seeking the favour of God with
respect to our affairs Committed to the Mannagement of our Agent and
Such other things as the Ilon"^ Council shall see cause further to add —
Sent up &? —
Aug' y*" 9"^ A : M : M'' Secretary brought down the Resolve of this
House concerning a Publick ffast and Acquainted the House That the
Board Consented that a Solemn ffast should be solemnized on the day
therein appointed but that if the House saw meet they would Assigne
the Occasions thereof. —
Ordered, That it be left with the Hon'? Board to draw up a procla-
mation for a ffast'/ — \_Passed August 9.
* This preamble was prepared by the editor to make the order intelligible without
printing the petitiofl in full. Altholigh no record of concurrence in this order by the
Council has been discovered, it appears by the Council Records, that Brattle's petition was
before the Board on the same day on which tins order was passed in the House, and that
the Council then voted to viijit the Castle the following Monday. Sewall, who in his diary
gives an account of this visit, declares that it was made " to try to compose the difierenccs
between the Capt. [Clarke, the other petitioner] and Col. Romcr." From these circum-
stances, as well as from the fact that the commissioners to superintend the fortifications,
etc., continued their work under the direction of the Council, and that allowances therefor
were repeatedly voted to them in subsequent sessions of the Assembly, the interence is
conclusive thaJ; this order was virtually approved, if not formally concurred in, by the
Council.
«■>
10 Provusoe Laws {liesolves etc.) . — 1701-2. [Chaps. 62-64. J
RESOLVES AND ORDERS
Passed at the Session begun and held at Boston,
ON THE Third day of September, A. D. 1701.
C PI AFTER 62.
RESOLVE AMENDING CHAPTER 16 OF THE RESOLVES OF THIS YEAR
AND DIRECTING THE APPLICATION OF THE POWDER AND POWDER-
MONEY RECEIVED AT THE IMPOST-OFFICE AT SALEM TO THE RE-
PAIRS OF THE FORT IN SAID TOWN.
Resolved — That the last clause iu the Resolution of this Court at
the last session thereof for giving one Hundred Pounds towards Re-
pairing tlie ffort at the Town of Salem be Reassumed and cut off viz :
[And Take Care for the future to keep it in Repair.]
And That the Powder and Powder money. Received at the Impost
office at sf Town of Salem shall henceforward be Applied and Improved
for the Use of the abovesl ffort. \^Approved September 4.
CHAPTER 63.
RESOLVE FOR ALLOWING THIRTY SHILLINGS TO ELIZABETH RILEY.
BEING THE WAGES DUE TO HER SON, NICHOLAS WALLINGFORD,
A SOLDIER IN THE KING'S SERVICE,
Resolved^ That the sum of thirty shillings be allowed unto Elizabeth
Riley (formerly Wallingford) out of the publick treasury, in considera-
tion of her son, Nicholas Wallingford, his serving his maj'^- as a soul-
dier about three years since. [^Approved September 4.
CHAPTER 64.
ORDER APPOINTING A HEARING UPON THE REPORT OF THE COM-
MITTEE ON THE PETITION OF THE TOWN OF BOXFORD RESPECT-
ING THE BOUNDARY LINE BETWEEN THAT TOWN AND TOPSFIELD.
[Approved September 5.
[^Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
[3d Sess.] Province Laws {Itesolves etc.) . — 1701-2. ^W
CHAPTER 65.
ORDER REFERRING TO THE NEXT SESSION OF THE GENERAL COURT
THE SEVERAL HEARINGS APPOINTED TO BE ATTENDED THE
PRESENT SESSION.
Ordered^ That the several hearings appointed to be attended this
present session be referred to be attended the second Wednesday of
the next session of this court. \_Approved September 5.
CHAPTER 66.
RESOLVE FOR REMITTING THIRTY-ONE POUNDS AND TEN SHILLINGS
TO SAMUEL WAKEFIELD OF SALEM, AND JOHN WILSON OF IPS-
WICH, FARMERS OF THE EXCISE.
Resolved, That the sum of thirty-one pounds and ten shillings be
remitted unto Samuel Wakefield of Salem, and John Wilson of
Ipswich, fermers of the excise arising within the counties of Plym-
outh, IJristoi and Dukes County in the year 1698, of the sum due from
them for excise. [^Approved September 5.
CHAPTER 67.
ORDER AUTHORIZING THE COUNCIL TO PREPARE FOR THE RECEP-
TION OF GOVERNOR DUDLEY.
Ordered — That when His Maj^' Govern?, of this Province shall
Arrive here ; It be left to the Hon^'* Councill, to Take Care for, and.
Order, His Reception, with all due Respect and Honour. \_Approved
September 6.
tJHAPTER 68.
RESOLVE FOR ALLOWING TWELVE POUNDS OUT OF THE PROVINCE
TREASURY TOWARDS THE MAINTENANCE OF A MINISTER IN THE
TOWN OF DUNSTABLE.
Resolved — That the Sum of Twelve Pounds be Allowed to the Town
of Dunstable out of the Publick Treasury towards the Maintenance of
their minister. \^Approved September 6.
312 PiiOViNCE Laws {Resolves etc.). — 1701-2. [Chap. 69.]
CHAPTER 69.
RESOLVE REQUESTING SAMUEL WILLARU, NOMINATED AS VICE PRES-
IDENT, AND OTHERS, NOMINATED AS CORPORATORS, OF HARVARD
COLLEGE, TO TAKE CHARGE OF THE COLLEGE AND STUDENTS, ETC.
Resolved^ That the Rev"? M- Samuel Willard nominated for Vice
President of the Colledge, (together with the Gentlemen named for
the Corporation in the order of this Court) be desired to take the care
and Over Sight of the Colledge and Students there according to the
late Establishm- made by this Court and to manage the affairs thereof,
as he has proposed in his answer to this Court. Viz? to reside there for
one or two days and nights in a week, and to perform prayers and
Expositions in the Hall and to bring forward the Exercise of Anal-
isyng. — . [^Approved September 6.
[4tii Sess.J l^noviNCE Lawh (liesolves elc). — L701-2. 313
RESOLVES, ADDRESS AND ORDERS
Passed at the Session begun and held at Boston,
ON the Fifteenth day of October, A.D. 1701.
CHAPTER 70.
RESOLVE FOR FORWARDING TO CONSTANTINE PHIPPS, AGENT OF THE
PROVINCE, THE ADDRESS AND MEMORIAL OF THE GENERAL COURT
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.]
CO
OS
I
a
z
<!
>^
W
n
12;
o
H
GO
o
* U3 ^ t— CO
r~. t— 1 1— I •— I .—I
» ■ O (M CO
- O CO
2L S
Oi
O
C5
• •
.,
<M
N
"^
i-H
t— (
(N
o
ro
IM
f—(
-n
00
00
CO
CO
CO
CO
t--o«r>;D
o
te«o
1
•-(IM oc4
f— (
.—1 i-i
s
r-H
*
«>o I ocooo I
o
■5
.•a
a
ID
S -w
s g
• I
O o3
••<^' CO -^, >■
o
u
* 2 J
o O P
|i«
^.°3 00
eoo I (M-^tiOi-H
. fH rH f-H »^ i-H ...
•<^i-3ooc4o* *
•-' <M r^. .
. ..••••...■«.».
a
a
o
S •
03
O
N en u
• 1 — 1 OJ, — fH
03.* t3*
P » ;^ > -W
o 2 (D o J-,
^s-s og^g
« o a p
W CD _, I i'^
at/3 „ P -o fcO
_ '— ^J CD t< S .- "".S
p^5 .ato(u-gp ■S h >>
s.a.i^f'SPoS S^-S a
-d .ti fe d P -p^ ^ 5 -^i,- tT CD 03
>» :>. >-.>>!>,
PQP PPQW
1^
1—1
»^ IH '
O-P
QO .
03
P
60
P •
cS
Jp
o
p p
~ Cj
P-o3
CB hw
cS
w
C5 I O
CO I t^
-* CO o c^
e<i(X) t^ (^ 00 o o
t^O (N rt CO
o
o
c3
CD
w
o
CD
CD
CD
<D
.a
p
o
_2
ID
o
p
13
. P
t-5
•a
. ID
*^
cS
, a
ID
»
• <D
a
s
n
n
•>3
o
t3
O
CI)
Ut
. (O
a)
xi
-O
*3
a^
■ ^ p.. 5 ti
o
fc£ O _ ti 0)
03
c3
•t3
P
tJiiKl
o <><
I— I '
UO
o
o
4.
rH
4.
eo
o
cj'-' c!3';3/
-P pQ SL."
CD
'^ '^ " O CD =^s
3 8^-^ rt-s S
O O Ph f P J) P
to
P
. d
IS
' JP
pI
32
Pt3
ai
. cd3
. S P
w >»,
p S -3 >
P O -w ?
(^ CO
^ i ^ J > ."2 ■+-
r-ti p
? ID
P o
O)
-CO ci J2
"3 I -« .
s??,^':^ ^ •• ■«
n o2
-o o o"
_£ o:P'_
.. o --^
0-" o ■"
CO
C35
CO
Em
ID
cS
ID
O
P
Pi
CD
P
ft
-a
a>
a
CM
o
CO
S
!h
o
« .
(l^
OD ,
Q
(P ,
o 1
en
iBrjJ
a
al
i--*
P^
o p
"1
b4
•^A
^
P
CO
u
oS
O
fi
o
CO
o
fp
O
p
H
o
a
o
o
03
ID
■1 ID'S
-" a
p, '
,P2
OO
o o
a,
eo
05
CD
?
§
a;
H
■«-»
CO
^
03
a
rr
fl
t^
p
u
3
03
CO M
'on '^
P. *
bO
a
03
.05
.a
13
I
[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 the same, requmng such Constable or
Constables to collect all tho particular suihs of money therein contained and to deliver and
pay in the same unto the Surveyors so appointed for the defreying of s-' Charge — and in
case of any persons refusall or neglect to pay the sum whereat he is so assessed, to levy
the same by Distress and sale of such persons Goods returning y<= Overplus, if any be, to
the owner. And the said surveyors their Exec^ or admin^ and every of them shall from
time to time render a true accompt unto the Justices in General Sessions of the Peace upon
oath if required of the receipts paymt^ and expences of all such moneys." — Ibid., p. 6G.
This bill was reiected and withdrawn.
Tho language of this act, respecting the obligation of the inhabitants of Newton to con-
tribute to the expense of rebuilding or ropau-ing the bridge, was equivocal, since no par-
ticular agreement between that town and Cambridge was therein designated. By the
followingpetition, which led to tho vote that constitutes the present chapter, it will bo
seen that the selectmen of Cambridge alleged, as a grievance, the refusal of the inhabi-
tants of Newton to make any contribution whatsoever : —
" To his Excellency the Govr and Councill, And Honrie Representatiues, in Gen''*
assembly
The Humble adress of Walter Hastings, James Oliuor, Jonathan Remington and Jn"
Jackson, Select men, on the behalfe of the Towne of Cambridge
Humbly sheweth — Whereas the Ilonrd Gen^ Court at theke late sessions Passed an
Act for the vpholding the Great Bridge over Charles Riuer in or Towne, And were pleased
pursuant there-to to favor the Towne w"> the Grant of one Htmdred and fifty pounds to be
payd them out of the Treasury publiquo for w^^ Grant we return this Honrd Court the
Humble Thankes of tho Towne, But we haue or hands now further weakened by the
wthdrawing of that prt of or Inhabitants called the Newtowne, who haue giuen us theire
possitiue denyall of yeilding any assistance to vs in that worke, and will Inovitab*
* The bill which was enacted was approved by the representatives and sent up for concurrence,
February 28, 1693-4. On the third of March it had its several rejidinga in the Council, was passed
to be enacted and was consented to by the Governor. Province Laws, 1693-4, chapter 22. ,
426 Peovlnce Laws {^Resolves etc,). — 1694-5. [Chap. 3.]
thereby put stop to c further progress, It is therefore o'' Humble request that by the
Authorytie of this Court those o"" Inhabitant, aboue named may be called before this
Court to giue the Reason of theire denyall, to Joine w"> and contriljute theire just share
and dues to said work, as in Justice and Equitie they are bound tbat so we and they,
may Receiue this Courts Judgm' and order therin. And repaires of said Bridge not
longer retarded to the great damage of the pul^lick and Indangering the Hues of both man
and beast And yor Petitiono" shall remain Humbly to pray —
Waltee Hasting
Cambridge June 2^ lfi94 James Oliver.
JoxATu^ Remington
John Jackson." — Ibid., p. 70.
On the twelfth of June the selectmen of Newton appeared before the committee named "
in this chapter and filed the following answer : —
" To the honored Gentle men of this commetie the select men of Newton being ordered
by this great and general covrt to give ovr resones why we refvse to pay to the charge of
the great bridge in Cambridge
the land that we poses was not given vs by the town of Cambridge bvt was land given
by the former general covrt of this colony granted for farmes to Gentle men or pvrchised
by vs or ovr predesesors of the town of Cambridge in general or of pertickeler men of Cam-
bridge nor ware any of vs dwelers in Cambridge bvt came from other towns or borne in
the place
where as Cambridge select men prodvce an order barin;^ date 73 wherin we ware
oblidgeed to pay to the bridge so we ware to the gramers school and the depeties charges
also to pay ovr cvntrey and covnty rates to Cambridge by that order bvt we humbly con-
seive that the order of the general covrt baring date december ye : 15 : 1691 doth take of
that obligation for we were then a part of Cambridge bvt now are newton and we hvmbly
coceive the later order takes of the former so that we are not vnder any obligations to
A Cambridge bridge more then to the rest of the pertickelers exprest therin
™ The town of Cambridge never owned vs any part of them bvt to pay to them rates
when we aplied ovr selves to them for their consent that we might have the ministrey a
movngst vs they aposed it and wovld not grant it to vs and when we had the ministrey
they devided 3 thovsand acres of land lying in ovr town amongst the inhabitants of Cam-
bridge bvt gave none of ovr inhabitants one aci"e nor to ovr minister one foot notwith-
standing we have paid rates to them several bvndereds of povnds allso we bare ovr share
to pvrchis amenition bvt when the war brake ovt first we covld git non of it it was
ansewerd it was the towns and we weare constrained to make a reate amongst ovr selves
to by amenition for ovr own defence we allso have desiered other things of les concern bvt
alwais have ben denied
The nerest part of ovr Town bovnds is 3 miles and a half from the bridge and the bridg
is no benefict to vs more then to other towns bvt is a great damage to vs for it spoiles
the paseg of boats vp the Reiver to fecth wood and timber as they cold do before the
bridge was filed vp and also spoiled the takeing of fish at the weares for since the bridg
was filled vp few come vp the river we hvmbly conceive it to be very hard that we shovld
pay to maintain their bridge to ovr so great di^mage
"We humbly leave these pertickelers to yovr honovrs seriovs consideration whether it
wil be ivst and eqval that we shovld be ingaged to help to repeair and raaintaine there
bridge which is not only no benefect to vs bvt greatly to ovr damage we allso not being of
their town Tomas prentis Cap
Newton Jvn : 12 : 1694 jou^ tvller Sen
Edward Jackson." — Ibid., p. 71.
Endorsed upon this petition is a brief memorandum of the finding of the committee,
which appears in full in their report as follows : —
" Wee whose names are hereunto Subscribed, being appointed by the Generall Court to
be a Committee to hear what may bo alledged by the Select men of Cambridg in behalfe
of said Town relating to any agreement or Obligation they have upon the Inhabitants of
the place now Called Newton to Contribute towards the Charge of making and maintain-
ing the Bridge over Charles-River at Cambridg, and that the Inhabitants of said Newton
may also be heard, and to make report to this Court.
liaving met according to said Order, and heard the pleas and allegations of both
parties, Do report as folioweth.
That by the Concession of the Gentlemen of Newton, it is abu[n*]dantly owned that
they wore a part of the Town of Cambridg at the making of said Bridge, and did pay
towards the maintaining of the same, and were Obliged so to do by all the Acts of
Courts or Assemblies presented to our View ; and have obtained noo Exemption therfrom
by any act of Court, Assembly or Town, though they have proffered formerly a Con-
siderable sum to the Town of Cambridg for a "grant of freedom from the [rates (as*]
appears by their petition to the General Court iu the year 1678) which Said Town of
Cambri'Jg would not accept.
And therfore we are of opinion that the Town of Newton may be obliged to bear such
part & proportion of the Charge of maintaining said Bridg as this Court shall Judg meet,
though their pleas of the little benefit said Bridg is unto them deserves Consideration,
all which is humbly Submitted by John Ptnchon
_. ^ ,„.u T ■,««- Nath: Saltonstall
Boston 12* June ]m, ^^^^ Holbrook
Penn Townsend
WlLL^ SCREUEN." — 76jrf.,j!). 72.
The above report was read in Council on the thirteenth, when a vote was passed, and
ordered to be sent down to the House for concurrenc3, that the town of Newton "do pay
one third part of the charge of said bridge."
* Manuscript mutilated.
[Notes.] Province Laws {Resolves etc.). — 1694-5. 427
On the same day that the above vote was passed, the following petition was filed : —
"To his Excellency S"- William Phips Knight Cap" Genorall and Gov in cheifo of
their Majti£? Province of the Massachusetts Hay and lion'''' Council with the Representa-
tives thereof now assembled in Generall Court
The Petition of the Select men of Now Towne
Humbly sheweth
That whereas some of our Neighl)ours of Cambridge have by Petition to the Hon"'''
Court, signified their desire, our Inhal)itant3 should Continue to be act charges for the
repau'cing and maintaiueingof Cambridge Bridge, wcc with the Consent of o"" Inhabitants,
doe humbly crave of the Ilon'ii Court Leave to Express our humble request for freedom,
from that which will be to us soo great, and wee fcare an insupportablo Ijurden without
any profitt to us, but rather to our damage Neither can wee understand That the Towne
of Cambridge doth Concurr in the select mens petition, but wee are Informed that there
are Considerable men amongst themeelves who Judge that the bcncfitt will not Connter-
vaile the excessive charge, wee doe humbly request those petition" may Produce a Towne
vote for their soo acting, wee have been for some ycares and are still kept low by the
necessary Publick Charges which wee have Endeavoured to bearo our proportion of
patiently and Chearfully Besides considerable charge arriscing among our selves; And
wee doe therefore humbly request wee may not have an addition made thereto att this
Time, such also is .the shattered Condition of the Bridge Even to the very foundation that
it may be feared and Judged questionable whether it be capable of repaire, and doe feare
that money Layd out upon it will be Little better then Lost, and would humbly move,
may it stand with the Pleasure of the Honrf Court that before a final 1 determinacon a
CoiTiittee may be Appointed to View the sd Bridge and make their returno to the honr<i
Court And yo"" Petitions Craveing pardon for this o"" boldness
Shall ever pray &c'«
Cap" Thomas Prentice
June 13 : 1694 John ffuller sens
James Prentice
Joseph ffuller
Edward Jackson
Selectmen."
—Ibid., p. 13.
The report of the committee was considered in the House on the fourteenth, and the
following vote was passed thereon and sent up to the Governor and Council, "for con-
sent:"— "We do not find Newton to be obliged to pay to repairing the bridge over
Charles River at Cambridge, the General Court having granted them to be a township."
The deadlock in the Legislature, thus begun, continued until the passage of the public
act of July 19, 1699.* See, further, resolves, 1695-6, chapter 15.
Chap. 4. This chapter is from council records, vol. VI., p. 347. It has not been
found in the archives.
Chap. 5' This chapter Is from council records, vol. VI., p. 351. It has not been
found in the archives. See resolves, 1693-4, chapter 23, and note ; also note to chapter
32, post.
Chap. 6. This' chapter is from archives, vol. 58, p. 148. It is recorded in council
records, vol. VI., p. 351.
Increase Mather left Boston in disguise to avoid service of a wjrit in an action for
defamation, ^sailing for England on the seventh of April, 1688, in the ship President.
According to Sewall.t he proceeded in his fliglit, on the thirtieth of March, first, to the
house of Captain John Phillips, in Charlestown, whose sister Cotton Mather had mar-
ried, thence, on the next day (Sunday), "to Aaron Way's by Hogg-Island" (East
Boston) ; and thence, on Tuesday night, "to the Boat near Mr. Newgate's Landing-place,
so throught Crooked Lane and Pulling Point Gut to Mr. Ruck's fishing-Catch, thence to
the President, Capt. Arthur Tanar's Ship, as above."
The final incidents of his departure are thus narrated in the Diary : —
" Satterday, Apr. 7'.'} 1688. Capt. Arthur Tafiar sails about 10 aclock, a shallop follows
quickly after, which 'tis said is to prevent Mr. Mather's getting on Board : 'tis certain all
the Town is full of discourse about Mr. Mather." — P. 209. '
In the winter following the overthrow of Andros, the provisional government resolved
to appoint agents to England, " to negotiate and transact the public affairs of this colony
there." On the seventh of December, Elisha Cooke was requested by the unanimous
vote of the General Court "to undertake a voyage for England to join with Sir Henry
Asliurst, Knight and Baronet, and Mr. Increase Mather (if he shall then be resident in
England) " in this agency. On the thirteenth, a committee of the Council was appointed
to prepare " letters to be sent to the Secretary of State, to Sir Henry Ashurst, Mr. Mather
and such others as may be advisable for our public concerns, to be "sent by the first oppor-
tunity." On the sixteenth, the Treasurer was directed " to provide bills of exchange for
one thousand pounds sterling payable to" the agents, towards defraying the public
charges of the colony in England.
On the eighteenth of January the committee previously appointed to prepare letters, etc.,
were ordered to draw up " a commission and instructions" for the agents, and on the
same day Dr. Thomas Oakes was chosen agent, to act with the others. By the twenty-
fourth of January the commission and instructions were completed. Meanwhile it was
thought politic to invite the Rev. Ichabod Wiswall, who had tbrrnerly served the colony of
* Province Laws, 1699-1700, chapter 11.
t Diary, vol. I., p. 210.
428 Province Laws {Resolves etc,). — 1694-5. [Chaps. 7, 8.]
New Plymouth in the capacity of agent to England, and Avho was then living at Duxbury,
without the limits of the colony of Massachusetts Bay, to cooperate with the regularly
constituted agents of Massachusetts in their labors abroad.* Therefore, on the thirteenth,
a letter was sent by special messenger to Wiswall, from the Council, apparently to sound
him on the subject; and on the sixteenth he received a formal invitation to undertake the
service and to proceed therein in company with Dr. Cooke who was about to sail.f The
messengers who bore this letter were Joseph Eliot and Samuel Sewall. Wiswall accepted,
and though not included in the commission was compensated for his services.j
The following is the vote granting the first instalment of compensation to the agents.
It would seem that at the date of the passage of the vote which constitutes this chapter
Mather had received the whole amount granted to him but that his associates were not
so fortunate : —
"Nov. 4, 1690. Ordered, That M^ Treasurer pay unto the use of our publick Agents,
now upon the Service of the country in England, Vizt To the Revd M'' Increase Mather
One hund4 pounds, To Elisha Cooke EsqT, and Thomas Oakes" Esq"' fifty pounds a
piece." — Council Records, vol. VI., p. 164.
Mather's services as agent were gratefully recognized by Plymouth Colony which
granted to him, as well as to Sir Henry Ashurst and Mr. "Wiswall, a gratuity, as shown in
the note to chapter 8, infra.
Chap. 7. This chapter is from archives, vol. 106, p. 382. It is recorded in council
records, vol. VI., p. 351. See notes to chapter 6, supra, and chapter 9, infra.
Chap. 8. This chapter is from archives, vol. 106, p. 381. It is recorded in council
records, vol. VI., p. 352.
As appears in the note to chapter 6, sM;;ra, Mr. "Wiswall was not included in the com-
mission to the Massachusetts agents appointed in 1689-90, although ofHcially requested to
cooperate with them. His views and influence in this position are thus described by
Hutchinson : —
" Mr. "Wiswall, a minister of Plimouth colony, a gentleman of piety and learning, was
in Boston when Mr. Cooke and Oakes were about to embark, and he was desired to go
with them. He had no credentials. He joined in politicks with Mr. Cooke, rather than
with Mr. Mather. The people of Plimouth were extremely desirous of continuing a sep-
arate government, but if that could not be obtained, they chose to be annexed to the
Massachusets, rather than New-York. "When Mr. Slaughter was appointed governor of
New-"i''ork, Plimouth was put into his commission, but by the industry and discreet
application of Mr. Mather, the commission was altered. An order, after this, was issued
to the Lords chief justices, Holt and Pullexfen, and the attorney and sollicitor general, to
draw up a new charter for the Massachusets, and Plimouth was included in it. When
Mr. Wiswall understood this, he opposed it, in hopes of obtaining a separate grant. This
offended the sollicitor general, and he struck out Plimouth, and it was again intended
they should be annexed to New- York. When this news reached the colony of Plimouth,
many people were alarmed, yet their general court persisted in desiring Sir Henry Ashurst,
their agent, to apply for a separate charter, without signifying, that they chose to be
joined to the Massachusets, father than to New-York, nor could they raise any monej',
the people about Bristol, Dartmouth, &c. pretending that there were no hopes of any char-
ter for them, nor the Massachusets neither. The sentiments of many of the best men in
the colonv were known to Mr. Mather, otherwise, it is not improbable, Plimouth would
finally have been included in New-York commission, although near 300 miles distant." —
Hist, vol. 1,2). 405.
His services in behalf of the colony of New Plymouth were recognized in the following
order of the general court of that colony, by wliich it appears that the legislature ratified
the vote of the town of Plymouth only in the case of Sir Henry Ashurst : —
"March 3, 16D0-1. It is ordered and agreed, that the honur"! Gov, in behalf of the
colony, return their hearty thanks to the Honorable S'' Henry Ashurst, & the Reverend
Ml- Increase Mather, & y" Reverend M'' Ichabod Wiswall, for their care & service for y"
good of this colony. And tho the colony labour under many inconveniences, being small
in number, lovv in estate, & great publique charges, by reas(m whereof are not capable to
manifest their thankfullncss sutable to the obligations that we have and may ))e layed
under, yet doe desire the Hon'able Si^ Henry Ashurst to accept 50 guineas, and the Rev-
erend M'' Mather & M'' Wiswall 25''J a peece, and to desire & impower the Hon'able S'
* Sewall'8 Lelter-Book, vol. I., p. 95. Diary, vol. I., p. 309.
t lu February, the town of Plymouth voted, " that it was theirdesire that the utmost endeavours
be used to obtain a charter of his majesty, that we might be and continue a government, as for-
merly. Further voted, they wouid be held for their proportion of ^.500, and more, if need require,
for that purpose: and at this time agreed to raise their proportion of /.200 in advance, to be sent
to thu gentlemen empowered as agents. Also voted their desire and choice of Sir Ileary Ashurst,
Mr. Increase Mather, and Mr. Ichabod Wiswall, to be their agents to procure a charter." This
entry has not been found in the printed records of the town, but is taken from Samuel Davis's
" Notes on Plymouth," in Mass. Hist. Soc. Coll., vol. III., second series, pp. 189, 190, and appears
to be authentic.
Another vote, however, on the subject of the agency appears in the printed town records, under
dateof February 2^!; as follows: —
" The Towne Joanlly voted it was their desire that utmost endeavores should be used to obtaine
A Charter of his majesty that wee might be and Continue A distinct Ooverment as formerly
The Towne also then voted thut they would bear their proportion of five hundred pounds &
more if need Require for the obtaining A charter and at present to liaise their proportion of two
hundred pound for that end and purpose to be sent to those gentlemen that shall be Improved as
our agents and the Remainder to be Ready upon tidings from them to be delivered for the accom-
jjlishment of our de«ires." — Vol. 7, p. 202.
X Bee resolves, 1694-5, chapter 8, and note. They sailed March 18th, or soon after.
[Notes.] I'rovince Laws {llesolves etc.). — 1094-5. 429
Henry Aslinrst that ho would be pleased to use his care & endeavour to procure a charter
from the Kin,<^ for a distinct goverraent for this colony, w"' such regulations & enlarge-
ments as his majesty shall bo pleased to grannt, and to send such power and instructions
as aro necessary ; and that S^ Henry be pleased to advise with s'^ M'' Mather & M' Wiswall
as ho hath oppertuuity and secth cause in any thing that may relate to us, and that the
said M'' Mather and M'' Wiswall bo wroto unto, to give such informations to S"' Henry as
they think maybe any ways advantageous for us." — Plymouth Colony Records, vol. VI.,
p. 2G0.
Ho had previously served the colony of Plymouth in the same capacity under the vote
of the general court of that colony, of February 6, 1682;* and it was his efforts, in his
present position, to prevent the union with Massachusetts that the crown officers were
conitemplating in IG90, which induced the above vote. Mather also won the gratitude
of Plymouth by his success in preventing a similar union with the province of New
York.f
The order in Council for the payment of tho sixty pounds granted by this chapter is
dated January 3, 1G91-5.J:
No entry in the treasurer's accounts has been found of the payment of this sum ; but
since those accounts, for tho period between November 7, 1693, and November 11, 1696, are
missing from the archives, it is not to be inferred that the amount was not duly paid
agreeable to tho order.
Chap. 9. This chapter is from archives, vol. 106, p. 381. It is recorded in council
records, vol. VI., p. 352.
The preamble and vote which constitute this chapter are substantially the same as those
passed in tho House of Repro^entatives, December 12, 1693, — (he only difference being the
addition of tho clause confining tho appropriation to the next province tax.
Tho money granted in this vote seems already to have been voted in chapter 7, supra.
No conjecture as to tho reason for this cumulative legislation seems plausible except it be
that this chapter was deemed necessary in order to i-ender the amount granted more
definite. It is certain that the treasurer accounted 1)ut for one payment under these
votes, and this was accordmg to the following order in Council : —
" Aug. 17, 1691. Forasmuch, as the great and General Court or Assembly at their
Session begun and held at Boston the Thirtieth day of May last, Voted, That Elisha
Cooke Esqi and Mj; Thomas Cakes be paid the sum of one hundred pounds a piece out
of the publick Treasury of this Prov£2 as a Reward for their service in their late Agency
in Engli over and above what hath been already allowed them, and the sum of Thirty
seven pounds and ten shillings disburst by them for their passages and accomodations in
their voyage from England, to be ordered out of the next Tax, necessary supplies for
souldiers &ci being first made, as also that there be alike paid unto the sd Thomas Cakes
the sum of twenty pounds remaining due upon a former vote for Fifty pounds.
Pursuant to which afore recited Votes, and the Act Entituled An Act for granting unto
thou- Majti£f a Tax of twelve pence a Poll and one penny on tho pound for Estates,
amongst other things applied to the payment of Grants made and to be made by the said
Court, and for the discharging of the publick Debts duo from this Province.
Ordered. That Mi. Treasurer do accordingly pay unto the said Elisha Cooke and
Thomas Cakes the above mentioned sums of one hundred pounds a piece & Thirty seven
pounds ten shillings; and alsoe to the s2 Thomas Cakes the above sum of Twenty
pounds.
William Phips." — Exec-
utive Records of the Council, vol. 2, p. 273. See, also, Mass. Archives, vol. 122, p. 43.
Chap. 10. This chapter is from archives, vol. 100, p. 490. It is recorded in council
records, vol. VI., p. 352.
The following is the petition referred to in this vote : —
"To his Ezelencie the Gouerner Counsel] And Rep''eseta Conueand in Generall Asem-
blie 16tii febuar 1693/4
The petetion of Ambros Danes
Humblie sheweth that whereas yo'' petetioner was imploid in theare Magesties saruis
at pemiqed in tho yeare 1692 for the space of flue months wheare ho did nott only attend
as a soldier and as a workeman implid by his Ezelencie And in said saruis Lost one of
his Eyes besids the greate miserie and paine he under went thearby; he hath beene made
vnncapble of doeing Labor six months or seuen and alsoo more vnable to gett a Liuelio-
hood then formerly togetther w'-^ the Expends upon the Chirurgion for the sauing the
sight of itt; The pi'emicis being Considered your poaro saruent humblie Requests your
boners to allowe him onto of the treshury soe much Aither Annewally or togetther as your
hon" shall in p'"eudence thinke best hoping you will not doe otherwise with your saruent
then in such Casis of Los of Lims hath beene dun w''' otthers ; The Redines of your sar-
uent w^ti he hath alwais shewen for to attend their magestis saruis at your Comand may
bo still incoridg whoe for your hours shall think it an honer to doe Any firther saruis wch
he is Capable to doe
And shall still pi'aye for your honors p'osperitt as in doutie bound." — Mass. Archives,
vol. 10, p. 220.
Chap. 11. This chapter is from council records, vol. VI., p. 352. It is preserved in
archives, vol. 88, p. 322.
The earliest provision made by the colonial government for the safe deposit of letters
received for transmission or delivery was the following order of the General Court: —
* Plymouth Colony Records, vol. VI., p. 99.
t See vote of June 24, 1690. Ibid., p. 259.
X Executive Records of the Council, vol. 2, p. 308.
430 Province Laws {Resolves etc.). — 1694-5. [Chap. 11.]
" Nov. 5, 1639. ■ For Eventing the miscarriage of letters ; & it is ordered, that notice
bee given that Rich'd Fairbanks his house in Boston is the place appointed for all letters
which are brought from beyond the seas, or are to bee sent thither, are to Ijee brought
vnto; & hee is to take care that they bee delivered or sent according to their directions;
& hee is alowed for every such letter a 1'', & must answere all miscarriages through his
owne neglect in this kind; Pvided, that no man shalbee compelled to bring his letters
thither, except hee please." — Mass. Colony Records, vol. I., p. 281.
Nothing has been found to show how long Fairbanks continued to act in the office to
which he was thus appointed, nor has there been discovered any proposal for the appoint-
ment of a successor in that ofHce until between twenty -five and thirty -five years later. The
following petition is preserved in the archives. The names of the signers are the only
clew to its date, since the journals of the House are not in existence, and it does not appear
to have been acted upon by the assistants. Eliakim Hutchinson, one of the signers,
came to Boston from London, in 1664, and John Freke, another signer, died May 4, 1675,
which places it within the period during which Leverett was governor : —
"To the worshipfuU Gouernour and the rest of the Much Honoured Generall Court
now assembled at Boston —
The Humljle pettition of George Pearson Humbly Sheweth ; —
It is not vnknowne to this honoured Court, what great Detrement and damadge conies
to seuerall persons in this, and other Jurisdictions, \ij miscarriadge of Letters from Eng-
land and other parts : which might be preuented : weare theire soffie Impowred by this
Honoured Court to Receaiue and deliner them : ray humble request is to your worshipps :
that you would grant me : your humble petitioner that Liberty to receaiue and deliuer all
Letters this honoured Courte allowinge what may be meate vpon Euery Letter : and if
nead be, shall giue in security : for the ffaithfull discharge theire of : and shall as in duty
I am bound pray for yo'' honours prosperrity —
We the subscribers doe humbley desire the Imployment for the party aboue mentioned —
John ffaterweather Tno : Snawsell James Euerett
Wm Tetherlt Jno ffreke Jonathan Ttng
Simon Ltnde John Wensley Willm Tailer
Humph. Hodge Leo : Dowden Willm Hudson
Jno Hunloke John Ruggles Bernard Trott
James Whetcombe Tho : Kellond Richurd Wood
Joshua ffisher Tho : Lake Tho : Brattle
Richard Parker James Chick E^ Hutchinson
Habakkuk Glover John Jotliffe Richard price." — Mass.
Archives, vol. 88, p. 314.
A memorandum endorsed on this petition shows that it was entered with the Secre-
tary, who received the customary fee of 2 s. 6 d., but no other action upon it by the
Legislature has been found than the following : —
" The deputyes doe not Judge meete that any such office as is herein exprest be sett vp,
& therefore doe not graunt the pet. wt.'i reflference to the consent of oj Honor."! magists
hereto, William Torret 'Cleric." — Ibid.
The next movement looking to the establishment of a post-office was in 1677, upon the
following petition : —
" To the Hono''.''' Gene* Court now sitting in Boston May 23<i 1677 ;/
We whose names are under written heareing many Complaints made by merchan'^ and
others (and severall of us being sensible) of the loss of letters: whereby merch'^ Espe-
cially with their friends and iraploycs in forraigne parts are greatly damnified : Many
times the Letters imposted are throwne upon the Excb? so that who will ; may take them
up : no person (with out some satisfactio-) being willing to trouble their houses therewith :
so that Letters of Great moment are frequently Lost/
Our humble request therefore to this hono".i Court is : that they will please, to depute
some meet person, to take in, and Convey Lettcs according to direction: and if this
honed Court please ; we suppose L* Richard Way* may be a fitt person for that service
Rich Knight John fayerweather Tho : Brattle
Jn? Hubbard John ffrost Tho: Deane ,
EdSvard Drinker Richd Crisp Hezekiah Vsher
Henry Bering Sampson Sheafe John Vsher
John Clarke Edavard Shippen Charles Lidget:/
John Ptncuon Jr Benja Dauis." — Ibid., p. 312.
Upon this petition the following vote is endorsed : —
"The Depuities haue granted the pettitioners thare desier herein & in Richard ways
rome doo make choice of M'' John Hayward the scribner to be tho man the Honored
ma"istrats Consenting herevntot — William Torrey Cleric
^28'h may 1677-/. hc
Consented to by the magis'« — Edwd Rawson Secret." — Ibid.
* According to Savage, Way, who was admitted as an inhabitant of Boston "27th 2 mo. 1657"
(Boston Town Records), was received into tlie second church there in 1661. lie was a free-
holder, who came from Balem, and had been oria;inally of Dorchester. lie seems to have been a
cooper by trade, and for several years he was licensed to sell liquors out of doors. He held
many town oflices, being successively surveyor ot highways, scavenger, clerlj of tiio raarliet, etc.
He was of the artillery company in 1671, and served under Roger Clap at the Castle, and in 1688
was lieutenant in Captain Turrill's company. In 1674 he was farmer-general of the impost, and to
retrieve his losses in this undertaljins, if Savage is rightly understood, bis friends sought to have
him appointed postmaster. His will, which was admitted to probate October 28, 1697, is dated
January 2, 1696-7, and his inventory was filed on the fifth of October.
t The following memorandum is in the margin : — " & y' Hono^ Oourt sett y« prises on letters,
& state that affaire./"
[NoiES.] PiioviNCK Laws {Resolves etc.). — 1094-5. 431
Tho Secretary thereupon made up the vote for his record as follows : —
" In Ansr to tho [*] Request of soverall merchants of Boston declaring,' that they haue
heard many comp+ta made by merchants and othe" that haue hin sensible of the losse of
lettc^s wherel)y merchs w^' their frcinds, and Imploye''8 in forrei^me partes are preatly
damnified many times lette's arc throano vpon tho exchan<,'0 that who will may take them
vp &c therefore huml)ly desire this court to depute some meet person to take in & convey
lettcs according to direction. — This court Judgeth it meet to grant the peticone''s request
herein and haue made choyce of m"" John Hayward the scribner to be tho person
for yt seruice — originti E R S."t — Ibid.
Three years later, Hayward was continued in office, by the following order, by which,
also, all masters of vessels were forbidden to intrust the delivery of letters brought by
them, to any other hand : —
"June 11, 1680. In ans'' to the peticon of John Hayward, it is ordered, that he be
continued for postmaster, to receive in letters & take care for the sending of them to the
ouno's according to superscription, till this Court take other order; and that all masters
of ships or other vessells doe, vpon their arrivall, send their letters that como in the bagg
to the sajd post office, except as tbey shall particularly take care to deliuer w"' their oune
hands; that the sajd Hayward, or post master, be allowed for euery single letter one
penny in money, & for euery packet of two or more two pence in money." — Mass.
Colony Records, vol. V-, p- 273. v
As has been seen, the above provisions related solely to the establishment of a post-office
in Boston, for the reception and delivery of foreign letters. All domestic letters were con-
veyed by the hands of friends or occasional travellers, except such written communica-
tions as were made between public officers or agents and the government at Boston, which
were carried by messengers specially appointed for the particular service required. The
following order appears" to have been the first attempt to regulate the compensation and
to define the privileges of such messengers : —
" Jan. 6, 1673-4. Whereas the publick occasions of the country doe frequently require
that messengers be sent post, and, as yet, no stated allowance setled in such cases, it is
ordered by this Court & the authority thereof, that from henceforth euery person so sent
vpon the JDublicke service of the country shallbe allowed by the Treasurer after the rate of
three pence a mile to the place to which he is sent, in money, as full sattisfaction for the
expence of horse & man; and no inholder shall take of any such messenger or others
travayling vpon publicke service more then two shillings V bushell for oates, and fower
pence for hay, day & night." — Ibid., vol. IV., part II, p. 574.
After the overthrow of Andros the General Court made the following appointment of a
successor to Hayward, who died December 2, 1687 : t —
" June 11, 1689. M'' Richd Wilkins is nominated for post master to Receive all Letters,
and Deliver the Same out, to Receive one penny for each Single Letter." — Council
Records, vol. VI, p. 37.
The next year, in anticipation of the campaign against New France, the following vote
was passed by the provisional government of Massachusetts, for establishing a regiilar
mail service for official correspondence : —
"May 31, 1690. John Knight of Charlestown is Appointed a Post for the Country's
Service as Occasion may be, and all Inn keepers and IFerryraen are Ordered to further
Said Knight in his Journying, with necessary Provision for Himself, and Horse and,
with Speedy Transportation, the Accompt, whereof under the Hand of S"^ Knight is to be
Accepted, and paid by the Treasurer; And Said Knight is empowered to press Horse, or
Horses with furniture, so often as the necesity of the publick Affairs shall require it, with
persons convenient to Manage them." — Ibid., p. 135.
This was followed some six weeks later by the vote, hereunder given, for inviting the
cooperation of Rhode Island in the establishment of a regular mail between that colony
and Boston : —
" July 14, 1690. Voted, that Road island Govern' be imediatly sent to, and treated
with about their Joining with us in Carrying on the Warr against the CoITion Enemy
And they be informed of our proceedings, and desired to raise what fforces they can,
and get in readiness what Vessels they are able to Joine with our Ships, when they shall
Appear on their Coasts and that a Post be setled for Speedy Intelligence between this
place, & Road island, for, a full discovery of the ffrench, or Privateers on those Coasts."
— Ibid., p. 152.
The establishment of the provincial government led to a new era in the postal service.
Some months before the terms of the p'rovince charter had been settled by the law officers
of the crown. King William and Queen Mary by virtue of their prerogative had issued
their letters patent^ to Thomas Neale, Esquire, granting to him, his executors, adminis-
trators and assigns, for the term of twenty-one years, " full power and authority to erect,
settle and establish within the chief ports of their said majesties' colonies and plantations in
America, an office or offices for the receiving and dispatching of letters and pacquets, and
to receive, send and deliver the same under such rates and sums of money as the planters
shall agree to give, etc." Under Neale, Andrew Hamilton was appointed deputy post-
master-general, " to govern and manage the said general post-office for and throughout all
their majesties' plantations and colonies in the mainland or continent of America, and tho
islands adjacent thereunto, pursuant to the directions of the said letters patent8."||
* Manuscript mutilated,
t /. e., Edward Kawaon, Secretary.
t " Friday, Dec. 2, 16S7. About 10. at night Mr. Jn" Hayward dies, having been epeecWeaB 48
hours." — Seioall's Diary, vol. I., p. 196.
§ Dated February 17, 1691-2.
II Province Laws, vol. I., p. 115, preamble to chapter 3.
432 Province Laws {Resolves etc.). — 1694-5. [Chap, ll.]
The following entry in the executive records of the council, under date of January 19,
1692-3, will show how the fact of the establishment of a general post-offlce in America, and
the appointment of a postmaster-general there, and his deputy, was communicated to the
Governor of this province : —
" A letter from her Majesty the Queen, Given at her Court at "White Hall the 26* day
of May 1692 directed to his Excellency Sl William Phips kni Captain General & Gov-
emoiir in Chief in and over the Province of the Massachusetti Bay &ci received yester-
day, vid East Jersey, was read at the Board, importing their Maj'iS^ Grant unto Thomas
Neale Esqi? his Executors &ca of full power and authority to Erect settle and Establish
within the~(Z;hief Ports of the several Islands, Colonies and Plantations in America an
OfBce or Offices for the receiving and dispatching of Letters and Pacquetts. And that
Andrew Hamilton of East Jersey in America EsqL«, is deputed and Constituted to manage
and govern the said Gen]. Post Office for and throughout all the Plantations and Colonies
upon the Main Land of Continent of North America &ci. Therein also signifying her
Royal Will and pleasure, that the said Andrew Hamilton, his Deputies, Agents or Ser-
vants, upon all occasions be assisted and countenanced in the management of the
gd General Post Office, and in the due execution of all and singular the Powers and
authorities contained in their Majesties said letters Patents &ci." — Executive Records oj
the Council, vol. 2, p. 21 7.
On the twenty-third of March, following, the letters patent to Neale were exhibited to the
Council, and read, together with Hamilton's credentials as deputy postmaster-general for
the colonies, etc. At the same time Hamilton presented a memorial, which was referred
to a committee as shown in the following record of the proceedings : —
" Their Majesties letters Patients unto Thomas Neale Esqi dated at Westminster the
17* of February, in the fourth yeare of their Maj'i^' Reign for the erecting and setling a
Post Office in the several Colonies, Islands and Plantations in America for the receiving
and dispatching away all letters and Pacquetts that shall be brought to si Office with
several powers and authorities therein contained, was presented and read at the Board.
As also a Deputation from S£ Rob* Cotton knt and Thomas Frankland Esq™ their
]\Iajties Post-Master General in the Kingdom of England &ciunto Andrew Hamilton of
East Jersey EsqL nominated by the aforesaid Tho? Neale Esqr and constituted to have
the Government and management of the said General Post Office. And a Memorial was
presented by the said Andrew Hamilton Esq™ for ascertaining the Rates upon letters for
three yeares next ensueing.
John Foster and Peter Sergeant Esqr^ were appointed to discourse s^ M£ Hamilton
upon the same, and to make their Report at the Board the next Council day." —
Ibid., p. 229.
No record of the committee's reporting has been found, but the following recommenda-
tion to the Assembly under date of March 30, 1693, by the Governor and Council,
indicates that the report simply adopted Hamilton's previous proposals to the Board : —
" Whereas, their most Excellent Majii^^ by their Letters Patients under the Great Seale
of England have granted unto Thomas Neale Esq: his Executors &ca full power &
authority to Erect Settle and Establish within the Chief Ports of the several Islands,
Colonies and Plantations in America, an Office or Offices for the receiving and dispatching
of Letters and Pacquetts, for the Encouragement and benefit of Trade and Correspondence,
to be held, used. Exercised and enjoyed by the si Thomas Neale his Executors Adminis-
trators or assigns during the Term of Twenty one years in the s^ letters Pattents men-
tioned.— And her sacred Majesty the Queen having specially Recommended unto his
Excellency the Governour, the assisting and countenancing of Andrew Hamilton
Esqis deputed and constituted to Governe and manage the said General Post Office (for
and throughout all the Plantations & Colonies upon the Main Land or Continent of North
America) his Deputies, Agents or Servants upon all occasions in the management of the
sd General Post Office, and in the due execution of all and singular the powers & authori-
ties contained in the said Letters Pattents. And whereas the sd Andrew Hamilton
Esqre hath attended his Excellency & Council about that affaire, presenting a memorial,
therein proposing the Rates to be ascertained for the Port of Letters &ca and to be con-
tinued by the space of three yeares next comeing, & several Freedoms and immunities to
be granted unto such as shall be imployed under him as Post Masters at the respective
Stages, which proposals for the Port of Letters are as follow : That is to say :
From Europe, the West Indies, or from any other part beyond sea two pence each
single letter, which is to he accoiintcd such, altho' it contain Bills of Lading, Gazets,
Invoyces Ss,&^ and for each Pacquet of Letters, four pence. And if letters or Racquets lye
at the Office uncalled for by the space of Forty eight houres, the Post Master then sending
them forth to the respective houses of the persons to whome they are directed, one penny
more for every such letter or Pacquet. The Port of Inland Letters to be as follows. That
is to say :
To or from Rhode Island to Boston after the Rate of six pence for each single letter,
and so in proportion to the greatness and quantity of Letters. And for letters taken in
upon the Post Road in Connecticott Colony for Boston after the Rate of Nine pence for
each single letter. To or from New Yorke after the Rate of twelve pence for each single
letter. To or from the Jersies or Pensilvania after the Rate of fifteen pence for each single
letter. To or from Virginia or Maryland after the Rate of two shillings for each
single letter, and so in proportion as aforesaid.— -To or from Salem after the Rate of
three pence for each single Letter. To or from Ipswich, Newberry or other places East-
ward of Salem within this Province, four pence for each single Letter. To or from
Piscataqua, sixpence for each single letter & so in proportion. All publick letters to be
received and Dispatch't free of charge. And that the Post pass Ferrage free at all Ferry's
within the Province.
In consideration whereof the s^ Andrew Hamilton Esq' doth engage to erect the sd Post
Office at Boston by the beginning of May next. And that the Post shall pass from Boston
[Notes.] Province Laws (Resolves etc.). — 1094-5. 433
to New Yorke, and from Boston to Piscataqua once every week, and will state the certain
dayes for his setting forth & retuminj?.
i'he Lieut' Govr and Council advisinjcr upon the aforesaid Proposals, and apprehending
the 8^ undertaldng to l)e for their MajEii:" service and for the preat advantage of corre-
spondence and Commerce, do so far approve thereof, as to recommend the same to the
General Assembly at their next sitting, to be Enacted, with such further Freedoms, and
immunities to the Post Master as may be encourageing.
William Stouguton." — Tbid., p. 230.
The General Court assembled on the thirty-first of May. 1693, and on the eighth of June
the bill of cliapter 3 of the public acts of this year was sent up to the Council from the
representatives and was read a first time. On the ninth, it had its second and third
readings in tlie Council and was ordered " to be engrossed and pass into an act." A mem-
orandum on the original bill, signed bv William Bond, Speaker, shows that on the same
day the House " voted in the affirmative."
The following clauses struck out of the original draught of the bill are inserted here
not only because of their intrinsic interest, but because they serve to explain the meaning of
some clauses in the act; viz., first, a section between sections one and two, as follows : —
" A7id be it further Enacted by the Authority a fores'^ that such post master for the
Time being & no other person whatsoever shall prepare & prouide horses & furniture to
Lett to hire to all persons Rideing in Post w'h Coiiaission or w'i'out to & from all &
Every y^ adjacent Colonys & plantations on this main Land or Continent in America
where any post Roads are or shall be setled & Established." — Mass. Archives, vol. 88,
p. 316.
Second, the following words in the second section (the former after the word " aforesaid "
in the fifth line, and the latter after the word " letters " in the fourteenth line) : —
"& for v" Prouidin? & furnishing horses for Persons Riding in post as afores^." —
Ibid., p. 317.
" & for each pacquett weighing an ounce." — Ibid.
Third, the following final clause in section nine : —
" And that all Inland Letters of particular concernment delii3^ into the ofllce shall be
paid for at the time of such delivery, and the Master of the office or his Servant upon
receipt thereof shall endorse these words post paid." — Ibid., p. 320.
The next proceeding in the Legislature which has been found concerning the post-office
is the followins petition, which bears a memorandum indicating that it was first read in
the House, and thence sent to the Council, on the twenty-third of November, 1693 : —
" To his Excellency [the*] Governor, and to the Honor? Councill, & to the Represen-
tatives Convened, in the General Assembly.
The humble Application of Duncan Campbell, Dep?y Post mf on behalfe of the Under-
taker, and CoiT-. Andrew Plamilton, Post mj General! &c.
Where as there is a post office erected, by Thomas Neale Esq ; in these Nothern parts
of America, by Vertue of a pattent, Granted, Under the Great scale of England for the
benefit, & encouragement, of trade, and speedy Intellegence &c
Where as by an Act made, by this General Assembly have established the several rates,
for letters from stage, to stage, and that the post should go flFerridge free ; Notwithstand-
ing the afore said Grant, we find Daily several, refractory persons, and the post many
times for two or three houres is waiting for other passingers &c. Also Mj" of Vessels
delivers letters as they please &c. All which is a great Discouragement, to this Vnder-
taking, of so great a "benefit to this Country &c.
Also 'tis humbly represented, to this Honourable Assembly, that the charges of this post
Office is thrice yp Income & humbly desires that a sallery may be settled ifor the earring
on so Advantageous a desighn &c.
The Governor & Assembly of New- York hath setteled fifty pounds F annnm for three
Years
'Tis humbly desired yj no Person may be pi'mitted to go on board of any Vessel to
receive any letters before the packet boate, 'tis the Custom in other places
This is left to Your Excelency & the Honou" Assemblies Consideration &c.
Read & sent up
Read in Council. 23'^ Novr 1693." — JJii., p. 321.
Having failed in this first attempt to secure the salary prayed for, Campbell applied again
the next year. His petition was as follows : —
"To his Excy", Sr William Phips K"' Captain General and Governour in Chief in and
over their Maj'^s Province of the Massachusetts Bay in New England, the Honbje Council,
and Representatives now assembled in General Court
Duncan Campbell in behalfe of Andrew Hamilton Esqi Post Master General of North
America
Humbly Represents.
That whereas their Mai'i.es have been graciously pleased, to erect, settle and establish a
Post office in these parts of America, by their Letters Patents granted unto Thomas Neale
Esq'' which s^i Post office has been duely kept and maintained by constant Posts in the
Trading part of this Countrey for above a Twelvemonth, and is of publick use, benefit
and advantage not only to Merchants and other Traders, but to every respective Govern-
ment, more especially to this Province by reason that all publick Letters and Expresses
have been conveyed & dispatched free of charge, and finding .so small Encouragement by
Lettefrs*] that it will not countervaile one halfe of the Charge thereof
Wherefore 'tis hoped, This Hon^e Court will take the premisses into your Prudent Con-
sideration, and not to suffer so general a benefit to faile for want of due Encouragem! But
* Manuscript mutilated.
434 Province Laws {Resolves etc.). — 1694-5. [Chap. 12.]
that you will please to appoint aud state some Salary to be paid out of the publick Reve-
nue towards the Support of the sd office for some time, as the neicchliouring Provinces
have done. That is to say. Yorlc hath allowed Fifty pounds, and Hampshire Twenty
pounds 4> annum for the space of three yeares.
All which is humbly offered by.
Your Exfye and Hon« humble Servant
Duncan Casipbell." — Ibid., p. 322.
The vote upon this petition constitutes the present chapter. With the original draught
of this vote is filed a separate slip containing the following memorandum : —
"£.40. W annul for 2. years to Colo Hamilton Agent to Henry Neale Esq'." — Ibid.
This was probably the amount which Campbell wished the Legislature to grant.
Chap. 12. This chapter is from archives, vol. 88, p. 141.
Of Sir Matthew Dudley (of the Dudleys of Clopton, and who was baptized October 6,
1661, and died at London, April 13, 172i) little is known. His fame rests chiefly upon a
paper* contributed by him to the Royal Society to which he was admitted a fellow, Janu-
ary 26, 1703-4.
Sir Humphrey Edwin enjoyed a wider reputation than his leading associate in the
scheme opposed in the letter which constitutes this chapter. He was the only son of
William Edwin, twice mayor of Hereford, where he was born in 1642. He came to Lon-
don in 1670 and began business as a merchant at Great St. Helens, removing thence to
the parish of St. Peter le Poor. He married Elizabeth, daughter of Samuel, and sister of
Sir Jeremy, Sambrooke. By this alliance with one of the wealthiest merchants of
London, and through his great success in trade, he acquired a large fortune. He was
for a while master of the Barber-Surgeons' Company and a member of the Skinners'
Company. In October, 1687, he took the oath of alderman, for the Tower ward, to which
office ho had been appointed at the command of James II., he, though an outspoken non-
confoi'mist, being supposed to be amenable to those persuasive influences which the king
was exerting to bring about a rescission of the laws against papists, under pretence of
universal toleration. Immediately afterward he was knighted, which honor was soon
followed by his being made, first, sheriff of Glamorganshire, and then, of London and
Middlesex. He was an active member of the city militia and was repeatedly chosen
alderman of London and held that office until 1691. In 1697 he was elected Lord Mayor
of London in which position he caused no little scandal by attending, in state, accom-
panied by his sword-bearer, a meeting of dissenters, which, according to Bishop Burnet,
led parliament to enact the severe bill against occasional conformity. However question-
able this oyiinion of the historian may be it is certain that the incident furnished a text
for satirists, through the press and on the stage. It gave Swift a new character for " The
Tale of a Tub," aiid De Foe a text for one of his political pamphlets.
For a time, Edwin was associated with Sir Henry Ashurst and others as commissioner
of the excise. That he was not perverted by the blandishments of James appears by his
conduct, as sheriff, in welcoming the Prince of Orange upon his entry into London, and his
formally proclaiming the accession of the new king and queen. He died December
14, 1707.
Nothing besides what appears in the text of this chapter has been discovered concerning
the plans of these gentlemen for operating in New England.
The following is the vote for the appointment of a committee to prepare this address : —
"Voted that Capno^prague m"" otis maj"" Jer. Sweyne Cap' maston m"" Scriven be a
Committee to Joyn w"' such as the Gov;; & Councill shall appoint to consider of and draw
np something to be presented to this Court in answ to what s£. Henry Ashurst & m'
Phipps Informs w'h Respect to those that Petition their ma^^ for to be a Corperation
about mines & in N England &c as in s^ Letters
Dated June 1. 1694
Voted & passed in the house of Representatives
Nehemiah Jewet Speaker." — Mass.
Archives, vol. 88, p. 140.
In this vote the Council concurred, and added to the committee the following members
of the Board; viz., Lieutenant-Governor Stoughton, Major Wait Winthrop, Messrs.
Elisha Cooke, John Foster, Peter Sergeant and Captain Nathaniel Thomas.
On the fifteenth of June, the committee reported the draught of the address as printed in
this chapter. Their report, signed by a majority of the committee, concluded as
follows : —
" The above written we the subscribers humbly offer to the Consideration of the Hon'i''''
Gener" Court in Answer to the letter from S' Hen Ashhurst &<^'»
El Cooke Richard Sprague
Peter Sergeant Jere" Sweyne
Nathaniel Thomas William Screuen
Edw: Bromfield Manaseth Marston." — Ibid., p. 143.
Edward Bromfield who subscribed to the foregoing report was one of the representatives
from Boston. It is not clear whether his mime was accidentally omitted by the clerk from
the above copy of the vote of the House, or whether he was put upon the committee liy a
later vote. This report was read in the Council on the fifteenth, and on the twentieth was
signed by the Governor and the Speaker.
In their statement of reasons for the employment, in England, of agents, on the twen-
tieth of September, 1694, the House voted as follows : —
• An Account of Insects in the Barks of Decaying Elms and Ashes. — Phil. Trans., Feb
1705, vol. 24.
[Notes.] Province Laws {Resolves etc.). — 1694-5. 435
" "We thinke it necessary that all raeanes be used to prevent the designs of any Persona
to incommode the Province by Charters or any thing interfering with our liberties and
Properties." See note to chapter 36, post.
Chap. 13. Tliis chapter is from archives, vol. 100, p. 492. It is recorded in council
records, vol. VI., p. 353.
William, the only son of William Rlathwayt of St. Martins-in-tho-Pields, a member of
the Middle Temple, was born about 1G49. His mother was Anne, the daughter of Justin-
ian Tovey. lie began public life very young, having been a secretary to Sir William
Temple at the Hague in 1008. P'our year's later he appears to have been engaged in public
business at Korae, and still later at Stockholm and Copenhagen. In these different
employments he seems to have improved his time by acquiring proficiency in foreign
languages as well as by studying the political condition and learning the resources of
the governments to which he was accredited.
His connection with the colony of Massachusetts Bay dates from February 15, 1681-2,
when Edward Randolpli produced before the General Court, together with the King's let-
ter of October 21, 1681, a royal commission or patent to Blathwayt, dated May 19, 1680,
constituting him " surveyor and auditor-general of all our revenues arising in" America"
— an office then first established — and also a commission from Blathwayt to Randolph
appointing the latter his deputy in this ofBce.* He is called " that honorable and worthy
gentleman," by Governor Bradstreet in his speech to the deputies, in 1685, and he was
frequently employed by the colonial and provincial governments to intercede with the
king or Privy Council in matters of importance in which the hope of obtaining relief
by any other means was desperate. His success in holding office through opposing admin-
istrations and a change of dynasty warrants the suspicion that he was,"if not wholly venal,
at least willing to strain a point of duty to his sovereign, for a fee. Massachusetts, some-
times from choice and oftener from necessity, was occasionally over-frugal in rewarding
those who were able to serve her diplomatically, in London. Generally, however, she
wisely maintained her reputation as a generous client; and it would seem that Blathwayt
was one of those employed by her who never had reason to complain of her ingratitude.f
The present chapter is an instance in point; and was probably passed upon the advice of
the acting agents of the province in London. The order in Council for the payment of
the money granted is as follows : —
" Aug. 17, 1694. Whereas the Great and General Court or Assembly begun and held at
Boston the Thirtieth day of May last, Voted and Granted, that there be paid unto the
Honbie William Blathwayt EsqL their Majti£s Auditor General, the sum of one hundred
pounds sterling for his service referring to the passing of the Accompts of this Province
and desired his Excel l£y and Council to take care, that it be accordingly remitted and pre-
sented to him, M£ Treasurer to make provision for the same out of the publick Revenue.
Pursuant to the said Vote and the Act of the General Court, Entituled : an Act for
granting unto their Maj'J^f a Tax of Twelve pence a Poll and one penny on the pound for
Estates, amongst other things applied to the payment of Grants made and to be made by
the si Court.
Ordered : That Ml Treasurer to take effectual care, that the above sum of one hundred
pounds Sterling be in readiness, by procuring the value in a good Bill of Exchange, or in
money at the best rate he can, and to remit the same by some good conveyance unto
St Henry Ashhurst Baronet by him to be presented unto the si William Blathwayt
^/•^'-^D ^ ^,7. ^ -7 7 0 o-T^ William Phips."— £xec-
utive Records of the Council, vol. 2, p. 276.
Chap. 14. This chapter is from archives, vol. 106, p. 382. It ia recorded in council
records, vol. VI., p. 354.
* See these commissions in Mass. Colony Records, vol. V., pp. 521 and 526.
t A recent writer furnishes the following further interesting biographical details coDcerning
Blathwayt: —
" In August 1683 he purchased from Matthew Locke the post of secretary-at-war, a position
which before the revolution of 1688 seems to have been synonymous with a clerkship of a com-
mittee of council, and, according to Luttrell, he became clerk of the council in ordinary on 22 Oct. *
1686, and clerk of the privy council February 1689. He was in attendance on the privy council
when the seven bishops were called in, and he was one of the chief witnesses at their trial. As
secretary-at-war he attended James II to Salisbury, November 1688, with his forces. From a
memorandum drawn up by Lord Palmerston on the duties of that office, it appears that Blath-
wayt, whilst holding it, regulated almost the whole of the business connected with the army
(BuLWER and Ashley's Lord Falmersto?}, i.3S~-Q0). His skill in languages made him a great
favourite with William III. He attended that monarch during his campaign in Flanders, and
whilst abroad discharged the duties of secretary-at-state, his place at home being filled by a sub-
stitute. From May 1696 to 1706 he was a commissioner of trade, and he remained secretary-at-
war until 1704. He represented the constituency of Newtown in the Isle of Wight from 1685 to
1G87, and his re-election received royal sanction in September of the following year, but he was
not a member of the Convention parliament of 1689. On 20 Nov. 1693 he was returned by the
city of Bath, and sat for that constituency uninterruptedly until 1710. He had married on 23 Dec.
16S6 Mary, the only surviving daughter ;ind heir of John Wynter of Dyrham, Gloucestershire, an
estate which still belongs to his descendants. The present house of Dyrham Park, planned by
Talmen, was completed at the cost of Blathwayt in 1698, and the gardens were at the same time
laid out by Le Notre in the approved Dutch style. Views of it are in Campbell's ' Vitruvius Brit-
annicus,' and in Sir R. Atkyns's ' Gloucestershire.' *IIis house at Bath was fitted up for Queen
Anne when she went to drink the waters in July 1702. It was rumoured in December 1700 that,
' in consideration of his services to his majestic,' Blathwayt would h;ive been created earl of Bris-
tol, but he was never raised to the peerage. He was a stro'^g whig in politics, and was pitted as
the whig champion against Harley on the points of precedent which arose in parliamentary
debate. He retired from active life in 1710, and died at Dyrham iu August 1717, being buried in
its parish church on 30 Aug. Numerous letters to and from him are preserved at Dyrham Park,
among the manuscripts in the British Museum, at the Bodleian Library, and in many of the col-
lections described among the reports of the Historical MSS. Commission." — Leslie Stephen't
Dictionary of National Biography, sub. nom., and authorities cited.
436 Province Laws {Resolves etc.). — 1694-5. [Chap. 14.]
Sir Hemy Ashurst was the son of Henry Ashurst, Esquire (and Judith Reresby, his
wife) , who was a leading nonconformist, a merchant and alilerman of London, and founder
of the family of ^ shiirst, or Ashhurst, of Waterstock in Oxfordshire. Henry, senior, used
his large fortune liberally for charities and to help dissenting ministers and the cause of
Puritanism ; and he was highly esteemed by the Puritan clergy in both old and new Eng-
land. He was deeply interested in the spiritual welfare and the temporal prosperity of
New England, and was especially zealous for the conversion of the aborigines. As early
as 1660, he accepted an alternative appointment as agent, in London, for the Massachu-
setts Colony, and after his death, in November, 1680, two of his sons were successively
chosen as agents; viz., Sir Henry, who was created a baronet -July 21, 1688, and who sat
in parliament for the boroughs of Truro in Cornwall, and Wilton in Wiltshire, and died
at Waterstock, April 13, 1710 or 1711 ;* and Sir Willi;im, who was of the Merchant Tai-
lors' Company, and was elected Lord Mayor of London in 1693. Sir William declined
the agency, and, on his recommendation, Jeremiah Dummer was appointed in 1710.
Constantino Phipps was an eminent lawyer of London, who seems to have practised
largely before the Privy Council, or the committees and Lords Commissioners of Trade
and Plantations. He rose to the dignity of Lord Chancellor of Ireland, in 1710, in which
year he was also knighted. In the reign of Queen Anne, he was, for a sliort time, one of
the Lords Justices, but he resigned all public offices in 1714 and fi'om that time lived in
the seclusion of the Middle Temple until his death which occurred October 30, 1728, in
his sixty-eighth year.
There seems to have been some misunderstanding of the relation that existed between
the province and Messrs. Ashurst and Phipps after the establishment of the new govern-
ment under the charter. A careful investigation of all known sources of information
reveals nothing to support the natural inference from Hutchinson's repeated mention
of Phipps's agency — that the latter was duly appointed and commissioned — except the
letter of Elisha Hutchinson, without direction, dated London, February 1, 1693-4.t
That Phipps had been retained, professionally, by the former agents, including Ashurst,
and that the latter continued to ask his counsel and cooperation in the business of the
province, thei'e can be no doubt; and it is equally certain that letters were sent to
Ashurst and Phipps, jointly, sometimes l)y order of the Council, and again by the repre-
sentatives, soliciting their aid in behalf of the province ; but there appears to be no evi-
dence that Phipps was ever commissioned by the colonial or provincial government.
Ashurst, as has been shown, was regularly commissioned by the provisional administra-
tion,! but his commission undoubtedly expired mth the institution of the charter govern-
ment. Still, considering the punctiliousness of the officers of the crown in exacting the
most explicit and formal credentials from all agents attempting to do business for their
absent principals with any department of the state, it is difficult to imagine by what process
of reasoning the home government was induced to relax its rules in favor of these gentle-
men, who seem to have been as well received and as successful as the best accredited repre-
sentatives of the province could have been. The only plausible explanation is, that these
gentlemen, having once had their credentials approved, and being kept occasionally
employed for the province, no change in their authority was suspected, and so they con-
tinued to be recognized as legitimate agents. This supposition is supported by the phra-
seology of this chapter and of the previous votes of the Council and the House, $ in which
all reference to Ashurst and Phipps as agents is carefully avoided, although the Secretary
used the word " agents " in endorsing the papers, and, fifteen years later, Dudley expressly
gives them that designation. II
The following is the order in Council for the payment of the sum granted : —
" Aug. 17, 1694. Whereas the Great and General Court or Assembly begun and held
at Boston the Thirtieth day of May last Voted & Granted, that there be paid unto
Si Henry Ashhurst Baronet and Mr Constantino Phips the sum of one hundred pounds
Sterling each, in acknowledgement of their kindness & service in appearing and interesting
themselves in the affaires of this Government in England, and that two hundred pounds
sterling more be put into the hands of the si Gentlemen to enable them to pursue the
same as there shall be occasion, and desired his Excellency and Council to take care, that
the said monies be remitted unto them out of the publick Revenue of this Pro-vince, with
, so much advance as is necessary to malce the difference of money betwixt this place and
England.
Pursuant to which afore recited Vote and the Act Entituled an Act for granting unto
their Majesties a Tax of twelve pence a Poll and one penny on the pound for Estates
amongst other things applied to the payment of Grants made or to be made by the said
Court.
* " June 19, 1711. Reports that Sir Henry Ashurst is dead." — SewaWa Diary.
t Proc. Mass. Hist. Soc, vol. II., pp. 296, 297, note. It mentions as agents Sir Henry Ashurst and
" the person joined with him ia commission."
X Note to chapter 6, ante.
§ "Feb. 20, 1692-3. Another letter unto 8^ Henry Ashurst Baronet and M5 Constantine Phips
conjtinctim, was read & ordered to be transcribed and signed by the Secretary".
William Phips." — Exec-
utive Becordu of the Council, vol. 2, p. 22.'>.
" Voted That the Honourable S^ Henry Ashurst & m"^ Con'.' Phipps be Requested to Enq'' whether
O"- Laws be according to Charter ^sented to the privey Council for Confirmation & y' they
Endeav to Improve their Intrest to prevent ye allowing of the Corperation moved for to be settled
amo[ng] us as also the preventing of y removeing any of those Cooiissioned viz' Of Hon',*
Gov; L; Gov'' & Seer' That are so greatly desired to be Continued in their several! places amongst
us.
June 22* 1694 past in the affirmative by the house of Representatives & sent up to his Ex'J &
Council for Consent Nehemiah : Jewett Speaker." — Jfass.
Archivea, vol. 20, p. 2S.
See, also, the last paragraph of the votes of the House, in the note to chapter 36, post, and the
vote in the foot-note thereto.
II Feb. 7, 1709-10. Bewall'a Diary, vol. II., pp. 274, 275.
[Notes.] Province Laws (Resolves etc.), — 1694-5. 437
Ordered : That M£ Treasurer do in the best way he can, make speedy provision lo pro-
cure the above sum of four hundred pounds Sterling and accordingly to remit the same
unto the s;i Si Henry Ashhiirst and Mj; Constantino Phips, or to answer such Bills as
shall be di-awii upon him by them or cither of them to tlie like value or for part thereof,
with the advance for difference of money according to what shall bo specified in the Bills.
William Puips." — Exec-
utive Records of the Council, vol. 2, p. 277.
In the treasurer's accounts for this year is the following entry: —
" Paid William Stoughton Esq: a bill of Exa drawn by Sr Henry Ashurst of London
for £150 Ster'J in pt of an Ord; lor £400. Sterl'!.! of y" GovorhoL & Council p'suant to an
Act of y" General Asseml)ly 195 — ."
— Mass. Archives, vol. 122, p. 41.
Chap. 15. This chapter is from council records, vol. VI., p. 354, It has not been
found in the archives.
Cliap. 16. This chapter is from council records, vol. VI., p. 354. It is preserved in
archives, vol. 100, p. 491.
For some account of Major Willard see note to private act, vol. VI., number 16.
The petition upon which this vote was passed is as follows : —
" To his Excellency Sir William Phips K^ Captain Generall & Governr In Cheif of their
Majests Province of y Massachusets Bay the Honourable LieV Gov^ & y« rest of the
Honourable Gentlemen now assembled In y" General Court
The Humble petition of Simon Willard humbly sheweth
That whereas yo"' petitioni" was chosen constable in Salem for part of y year 1690 and
he was Greatly disadvantaged by reason that that part of y Towne which yo' petition'
was to collect Rates of were greatly Diminished & impoverished being for most part sea
men And although before this s<i year s'' part of Towne were as good payers to the pub-
lique as any part yet in this year of 1690 & since they have bin little sigificant that way :
by meanse of which disadvantage yo"" petition'' will fail above thu'ty pounds money bohinde
with his country Rates: And "where as there is or will be something Due for j° hard
service wherein yC" petition'' commanded a company 26 weeks in S' Ed : Andros his time
which service yo'' petition'" willingly undertook though he was not unsencible of y" ruin
that was like to come and did come upon him as to a way of livelyhood : also y" sicknes
that befell yc" petition'' by undi'going such hardships hath bin very costly & he is not yet
freed from'y reliques of s"! sicknes nor like to be while life lasts
He therefore Humbly craveth that you will please to take the premises into your con-
sideration And that your petitioner may have soe much payed for that ser'vice now as may
answer s<i Debt to y Treasurer or that it may be off sett or that s"* Debt to j<^ Treasurer
may be suspended ; there being as may be hoped enough to respond :
tiiat so the Treasurer may not proceed against yo'' petitioner according to y Rigor of ye
law for your petitioner, knows no other way but this or to goe to y Goal which will
utterly break his familly to peices and doe ye country no good
In Granting &c you will ot)lige your petition'" willingly to serve your Honours in what
he is able and as in duty he is bound he shall ever pray &c
voted that Cap' willard be forborne by the Treasurer the sum aboves"! from this
time untill may 1695
June 15 : 1694 past in the affirmative by the house of Representatives & sent up to
hi^ Ex-^y & ConnciU for Consent Neheaiiah Jewet Speaker
Voted and pas't in Council.
21o June, 1694. Is^ Addinqton Seci^." — Mass.
Archives, vol. 100, p. 491.
See, further, resolves, 1696-7, chapter 38, and note.
Chap. 17. This chapter is from archives, vol. 30, p. 350. It is recorded in council
records, vol. VI., p. 355.
The story of Fletcher's treaty with the Maquas, in 1693, to which, through him, Massa-
chusetts had been made a party has been told in the notes to resolves, 1693, chapter 7. In
less than a year from the conclusion of that treaty rumors reached Boston that the French
of Canada were negotiating a treaty of peace or an alliance with the Iroquois or Five
Nations, chief among which were these former allies of the English. It was, therefore, of
the first importance that this move of the French should be circumvented. Accordingly,
the Assembly passed the vote which constitutes this chapter on the twenty-second of June
and on the twenty-ninth. Governor Phips wrote to Governor Fletcher as follows : —
"S.r
The various Reports concerning the motions of the five nations of Western Indians,
haveing (as is said) been lately treated by Comissioners from Count Frontenac, and that
they are inclined to hearken to their soUicitations for puting an End to the War betwix't
the French and them, at lest to agree to a Neutrality, if not to go over to their side.
And the consideration of the manifold prejudices and detriment to the whole of their
Maj'ies Interests in these Torritorys likely to ensue thereupon, has made me judge it neces-
sary for their Maji'^s service, That your Ex^ (who has a more imediate Influence upon
those Indians) please to Let the Neighbouring Governments have a true Information of
that affayre, and whither any Expedient may be proposed (if not too late) for obviating
of so great a mischiefe, upon notice whereof I shall forthwith apply myselfe to the seting
forward of what may be proper and Incumbent on the part of this Government in order
thereto.
433 Province Laws {Resolves etc.). — 1694-5. [Chap. 17.]
I am sensible that the Interest the French have in the Eastern Indians and theii
unwearied soUicitations are ready to stagger and prevail upon them to cast off their sub-
mission; which the compliance of the western Indians must necessarily promote and
Embroyle this Province in Fresh troubles; I shall be better Enabled to know what
measures to take therein when I have yof Excys answer ; which I await : Wishing the
happy Repose and quiet of their Maj'>es seulal Provinces and Colonies. I am.
Boston. June. 290 1694. Yof Excys. humble servant.
W. P [uips] . — Mass.
Archives, vol. 2, p. 394.
This was the beginning of a correspondence between Phips and Fletcher in which the
former, from time to time, sought information of the latter as to the best course to pursue
to strengthen the bonds of amity between the English colonies and their savage neighbors
of the west. It was arransed that delegates from Massachusetts, Connecticut and New
York should meet Fletcher and his Council at Albany in August, and after settling minor
details as to the manner of meeting the Indians and the nature and value of the presents
to be given them and whether the same should be offered in the name of the king and
queen, or by the respective colonies, should hold a conference with the chiefs of the Five
Nations there assembled, and conclude a treaty with them more general in its scope, and
if possible more permanent in effect, than previous negotiations had proved.
The loss by Massachusetts of authority over the militia of Connecticut, which she had
formerly exercised, has been shown in the note to chapter 1, ante. But still, her influence
was such that her appeals for military cooperation were respectfully considered, and at all
times more readily acquiesced in, by her southern neighbor than were the imperative but
legitimate commands from New York.
The f ollomng is the letter in which Phips first proposed to Connecticut the subject of her
taking part in the treaty at Albany : —
" Hon We Gentn
The late Endeavours of the French to corrupt the Maquas and other Nations of Indians
westward has put ye Governm^here upon Resolutions to send some Genf} from hence to
waite upon his Excy the Gov"f of New-yorke, at Albany at his being there in August
next ; with a Present to the Indians for y£ preventing of so great a mischiefe (if it may
be) as their going over to the French : And they have thought it necessary to advise
yor Selves of their Resolutions and to desire you to joyne in an affayre so highly con-
cerning the whole of their MajtiS? Interests in these Territorys that so we may labour to
coniirme the ancient ffriendship atwaies held with them and to keep them firm to the
Crown of England. I pray yof speedy answer hereto and that yor preparations may be
Expedited. I have this day an accompt of the Enemies surprizeing & laying waste a
Plantacpn ca'ld Oyster River in the Province of New-Hampshire and fear their proceeding
to make further incursions. I am.
Boston. 190 July. 1694. ^oj humble servant. ^^ ^^^^
Govr & Coimcil of Connecticutt." — Ibid.,p 219.
Before the above letter had reached its destination the Governor and Council of Connecti-
cut had caused the following letter to Phips to be prepared, l)ut before it was posted,
Phips's letter arrived, and was answered in the postscript printed below : —
" Hartford July 20"> 1694.
Excelent Sr
We receiued letters from Governo"" Fletcher, his excelencie therein acquainting us of a
Treety he had appojmted with the fiue nations about the midle of the next moneth, & he
calls upon us for one Hundred men with armes & Ammunition & prouission to attend at
Albany dureing his conferrence & allso informes that he hath demanded the like Number
from New england, by whome we suppose he intends your selues ; we look upon it as a
waighty affaire he is upon & that your selues & us will be sharers in the Good or euill
effects that mav followe thereupon, & doe request you would be pleased to let us under-
stand, by the first opportunety what your purposes are, for we would not be wanting in
doeing our dutv to promoate the continuance of amity between the fiue Nations & the
englis'h, & shall contribute what we are able to promoat the same In conjunction with
your selues please therefore to informe us how farr you will Joyne therein as soon as may
be, that we may be prepared for to assist therein, & we desire your opinion whether his
excelency of yorkes Question to the fiue nations be not to much restrained.
The Question he propownds to them is. whoe they are that ronownce the fanouro of
their sacred Ma'ifs (of great Brittaine) by violateing the couenant chaine, & whoe will stick
to the ancient freindship that I may the better know how to disspense the powers put into
my hands by way of kindnesse & protection ? whither so great an appearance in armes
at such a Treaty raay_not to much prouoake, or affright the Indians, & thereby the Good
Issue hoped, & endeauoured for, he frustrated, Gent" we pray you be pleased to giue us
your resolues in the premises forthwith because the time of meeting is so ncer, which with
best respects, is all at present from your Humble Seruantthe Gov : & councill of conectiout
!> their order signed John Alltn Secretly
S' since y" writeing of the aboue we rcced your excelencies letter of the 19'h Instant &
being somewhat informed of your purposes we desire to know what Gent" you send &
how many attendants on them & what present you Judge requisit. you May see his
excelency of yorke sends to us for one hundi-ed men, but wo do not see the necessity of
soo many a sufficient Guard for the Gent" Imployod in the seruice we suppose will be
enough we pray your resolues upon the p'mises. & tliat our messenger may haue it so as
that he may return this week, which is all at p"-sent from your huml)le seruants the Assis'^
present John Alltn Secy
we are sorry to hear the enemie hath begtm again to doe spoyle upon our Neighbours at
the eastward the Good Lord defend & saue his wilderness people
[Notes.] Province Laws {Resolves etc.). — 1694-5. 439
please to let us tnow when & where you purpose we may meet w<'' yours you send
whether at westfeild or els hoar at Hartford."* — Ibid., p. 220.
While tbo above letter of Set-retary Allyn was on its way to Boston Lieutenant-Governor
Stoughton received a letter from Governor Fletcher which has not been found in the
archives, but the substance of which is repeated in the following letter which Stoughton
immediately despatched to the Governor and Council of Connecticut :^
"Boston July 23j» 1G94 —
Gentlemen.
His Excf by his Letter of the lO* currant acquainted you of an appointment of Com-
missioners from hence to wait upon Govemour Fletcher at the time of his treaty with the
Indians at All)any the next month with a present from this Government, anil proposed
yoj Joyning therein, Since which Gov' Fletcher in his Letters by the last Post moves to
have an hundi'ed men from hence and an hundred from your Colony to appear at Albany
during the Treaty, which I approve of as necessary to countenance that affaire, and to
oblige the Indians to a more ready compliance with such propositions as may be made,
but the nearness of the time the distance of place, and the present Circumstances of this
rrt)vince by the fresh breaking out of the Indians &c are such, as cannot admit of any
souldiers to be sent from hence, the Province of New Hampshire lying at this time bleed-
ing, the Enemy having burnt 11 houses there, killed and captivated above 90 persons
small & great and continue still with them, so that we are constrained to yield them
assistance and to enforce our own Frontiers, and you are sensible that it is not safe to
draw any off fi-om our Western Towns who are a Frontier on that side. I hope your-
selves will not faile either of your Commissioners or Souldiers please to informe me of your
preparations, and ye time you intend, yours to set forward, that our Coramissionr^ may
advance accordingly to meet with & accompany them our Governour being gone East-
ward. It was thought advisable by the Gent) of the Council to refresh the Contents of his
Letter upon you as also what was written from Gov Fletcher, which is all the present
needful from Your humble Servant
W [illiam] S [toughton] ." — Ibid., p. 221.
The letter signed by Secretary Allyn reached Boston during the Governor's absence on
the frontiers, but it was immediately answered by the Lieutenant-Governor; thus, —
"Boston. July. 250 1694.
Gentn
His Excy. being gone Eastward yours of the 20* currf came to my hand this day,
Some of the heads whereof are answered in mine to your selves, with advice of the Coun-
cil, dispatched by the Post two days since, the Circumstances of tbis Province will not
admit of any Souldiers from hence appearing at Albany ; being afresh alarm'd from the
Indians, v/ho continue to lye upon our Frontiers, haveing done great spoyles in ye Prov-
ince of New-Hampshire, to whomo we are obliged to afford assistance and to Enforce our
own Frontiers ; But the proposal of Govr Fletcher y' there be some appearance at Albany
at ye time of the Treaty, seems to be very necessary and to have a decorum in it. where-
fore it's desired by my selfe and ye Gent^; of ye Council here that you would not faile of
Sending one hundred Souldiers from yo^ Colony, lying so much neerer to ye place, and
being free from those Fatigues of the war which this Province is Embroyled in both by
Sea and Land; The Commission's named here to go upon this Service are Cob Pynchon,
Capne Sewall and Major Townsend, whome we designe to be at Westfield. — by the Eigth
day of august next there to joyne yo^s and to have y| benefit of a Guard by yoj Forces,
thy present intended from hence will be about yj value of two hundred pounds ; I do not
apprehend the Qu offered by Col? Fletcher is so restrained, but that there is room enough
left for the debating anything proper in this affaire. I hope all things will be in readiness
on yor part; I shall Endeavor to bring forward what is necessary on the part of this
Governmt. in order thereto, wishing good success to ye transaction being of so momentous
import to all their Majt'.ea Interests. Gent. Yo^ humble Servt.
W: Stoughton.
To ye Govr & Council of Connecticutt." — 76/£^.,^. 222.
Governor Fletcher, in letters which are not preserved, having renewed his application for
the aid of Massachusetts in carrying out his plans for the treaty, the Lieutenant-Governor,
in the absence of his chief, wrote as follows : —
"Boston. July— SO'.h 1694.
Gentn
Sines my last, I have received Letters from y« Governor of New-yorke, wherein he rep-
resents his concern about ye managing of ye Treaty with the Indians, looking at it as ye
last Effort, and therefore presses that what he has proposed both to this Governmt_and
ycf Selves may be comported with ; you cannot be unsensible that it is at this present
impracticable for us to have any appearance of Souldiers, there For besides the great
distance of ye place, the new Levys lately here made for ye assistance of o; Neighbours
ye Enforcem' of our Frontiers, our people are frequently alarm'd from one quarter or
another and forced to pass upon duty. On Friday last yp 27'll instant y" Indians fell upon
Groton, surprized the Inhabitants a little before day, have killed and carried captive
betwixt thirty & forty persons, we have neer two hundi-ed men in pursuit after them.
I do therefore by advice of y Council, refresh our former motion to urge yt you would
at this time overcome all appearing difficulties ; and to order an hundred men to Albany,
and by no meanes let there be a failure in that matter, it is ye more necessary by reason of
our incapacity to spare any at this time, we are Encouraged that the Treaty will not be
* This letter is endorsed, —
"L'4 from y". Gov. & Council of Connecticutt. R85.252. July. 1694./." and addressed as follows: —
"Tliese For his excelenele S' Williata Phips Knigtit Governo "■& Capt" GenU of their Ma';**
prouince oi the Massachusets And in his absence to the HonW° W" Stoughton Esq'' Ln' Gov of
Bd prouince & councill in Boston this deliner For their Ma'i«» a'eruice"/."
440 Province Laws {Resolves etc.). — 1694-5. [Chap. 17.]
ineffectual if handsomely brought forward, our Commission's if nothing prevent will set
out on Munday y? 6"> of aug?i next, hope they will meet yo''^ with yoi souldiers at west-
field or Hartford w<;i» you shall think most convenient, giveing notice to Col? Pynchon
that so they may w'*'> them advance forward, to whome I wish good Success. I am. Gent.
Yor. affectionate Friend & Servant.
"W[illiam] S[toughton]
Govf & Council of Connecticut." — Ibid., p. 223.
After Phips's return from Pemaquid the Lieutenant-Governor informed him of the
proceedings which had occurred during his absence relating to the treaty of Albany. This
was done at a meeting of the Couacirthe record of which is as follows : —
" Aug. 2, 1694. The Lieuti Gov' gave his Excellency an accompt of what had hapned,
and been transacted by himself e (with the advice of the Council) in his absence, pursuant
to his instruct^ left at his departure ; and that Col : John Pyncheon, Samuel Sewall Esq''»
and Major Penn Townsent* were nominated & desired by himselfe and the Gentlemen of
the Council, to attend the Treaty at Albany, the middle of this Month, betwixt the Gov-
emour of New Yorke &ci and the Five Nations of Indians, and to appear there as Com-
missioners on behalfe of this Province, and to represent the same in that Negotiation,
according to a vote of the General Assembly referring the direction of that matter unto this
Board. And the si Gentl'j. or any two of them were a new nominated & appointed to that
service, and the heads of a Commission & Instructions for them were discoursed and
drawn up." — Executive Records of the Council, vol. 2, p. 271.
On the fourth, a commission and instructions were prepared, and an order on the prov-
ince treasurer was passed in Council, which, without the preamble, is as follows : —
*» Aug. 4, 1694. Ordered. That Ml Treasurer do pay out of the publick Revenue of
this Province unto Samuel Sewall Esqis & Major Penn Townsend Commissioners imployed
on the abovesi negotiation, the above sum of two hundred pounds for a Present to be
made to the Indians, and Fifty pounds more towards defreying of the incident charges
attending, with such further sum as shall be necessarily expended on the same, as by
accompt thereof to be presented by the said Gentlemen at their R,eiurn, being allowed by
this Board shall appear. William Phips." — Ibid., p. 272.
The following entry fixes the date of the return of the commissioners :t —
•' Aug. 31, 1694. Samuel Sewall Esqi and Major Penn Townsend two of the Commis-
sioners for this Province, lately sent to Albany, returned from thence this day and waited
upon his Excell^y at the Board and presented the result of their Negotiation therewith the
Five Nations of Western Indians." — Ibid., p. 280.
It will have been noticed that, in Stoughton's letter of the twenty-fifth of July to the
Governor and Council of Connecticut, and in his report to the Governor the second of
August, he states that three commissioners had been named to represent Massachusetts,
whereas only two are provided for by this chapter. Colonel Pynchon certainly accom-
panied Sewall and Townsend from Springfield to Albany, and he took part in the confer-
ence, or congress, called by Fletcher, J but he was probably detailed for that service in his
military capacity by command of the Executive. The two commissioners from Boston
were attended as far as Springfield by a mounted body-guard under command of Lieu-
tenant John Hammond,^ and thence, to Albany, by a company of about sixty men from
Connecticut, uuder command of Captain Wadsworth of Hartford. ||
An interesting account of the making of this treaty is given in a recent work prepared
with great care and research.il This author mentions Governor Fletcher's assembling
his Council at Albany on the thirteenth of August, and their decision, in response to Gov-
ernor Phips's query, that the presents to the Indians should be made solely in the name
of the king, and the ratification of this decision at a subsequent meeting attended by
the delegates from Massachusetts and Connecticut, and states that Fletcher's speech,
in which he set forth the need of assistance to New York in defending the frontiers,
was received by the delegates from Massachusetts and Connecticut in silence. After
adding that, at a meeting of the delegates on the following day, when Governor Hamilton
of New Jersey was present, Colonel Pynchon and Governor Hamilton expressed their con-
currence in Governor Fletcher's opinion that at least five hundred men should be employed
throughout the war to defend the frontiers of New York, he proceeds as follows : —
"... But no assistance was offered, and no action taken. New York received poor
encouragement. Massachusett?, however, proposed that the Five Nations interpose in
her behalf against tho eastern Indians. This proposition was objected to as inexpedient at
the present time. In the treaty about to be made all the colonics were to be included,
after which Fletcher promised to inform the Five Nations that the war by the eastern
Indians on Massachusetts was an infraction of the covenant-chain, and call upon them to
join him in an energetic protest against it.
On the morning of August 15, 1694, there were assembled, in the City Hall of Albany,
Governor Fletcher with five members of the Council, Governor Hamilton of New Jersey,
three delegates from Massachusetts, two from Connecticut, and all the magistrates, with
many of the leading citizens, of Albany. The regular troops and militia passed in front
of the hall. Five Mohawk sachems, three Oneidas, seven Onondagas, four Cayugas, with
a retinue of Indians of inferior rank, marched from their lodgings, escorted by oflicers in
* Sic.
t This agrees with the following entry in Sewall's Diary: " Augt. 6, 1694. Set out with Major
Townsend for Albany. Return Augt. 31." — Vol. I., p. 391. See, also, the journal of Rev.
Benjamin Wadsworth, chaplain of the commissioners. — Mass. Hist. Soc. Coll., fourth series,
vol.1., p. 102.
X Colonial New Yorli, by George W. Schuyler, vol. I., pp. 422-424; and note to chapter 26, post.
§ Mass. Archives, vol. 122, p. 39.
II Letter of Secretary Allyn, March 6, 1694-5, in note to chapter 1, a«te ; also chapter 2^, post,
and note; also Wadsworth's Journal, ut supra.
IT Colonial New York, ut »upra.
[Notes.] Province Laws {liesolves etc.), — 1694-5. 441
showy uniforms, through tho street lined with military into the hall, with Rode, the chief
of tho Mohawks, at thoir head, ' sinjjing songs of joy and peace' They were received by
Governor Fletcher and tho foreign commissioners with ail duo formality.
And yet, after all this parade and show, almost nothing was accomplished at this coun-
cil. Tho Indians were determined to make peace with tho French; they were unwilling
to fight longer alone, and without sspport from their English allies, — and just this sup-
port not any of tho colonial delegates could assure them. Fletcher, in a private conver-
sation, took advantage of tho only loophole left, when the sachems told him that peace
wanted only his approbation, lie allowed them to make peace, provided that they also
kept faithful to thoir covenants with the English. He could, however, receive no propo-
sals from the French, as peace could be made only by the two kings. But he asked
whether they would permit ilie French to build again the fort at Cadaraqui. When the
Indians answered that they should never allow this, Fletcher said: * If you permit the
French to build anywhere on that lake, there will bo an end of your liberty ; your pos-
terity will become slaves to the French. If ever you should permit them, I will look on
it as an absolute breach of the chain with us. If the French attempt it, give mo notice,
and I will march the whole force of my government to your assistance.' This was not
without its effect.
The covenant-chain was renewed with the English, the council was dissolved, and
Fletcher wrote to the Lords of Trade his impressions "*
Chap. 18. This chapter is from archives, vol. 100, p. 473. It is recorded in council
records, vol. VI., p. 355.
The following is the order in Council for tho payment of the sum granted in this
chapter : —
" July 19, 1694. Whereas the Great and General Court or Assembly at their Session
begun and held at Boston the Thirtieth day of May last. Voted: That tho Treasurer
Ml James Tailor be allowed and paid the sum of two hundred and fifty pounds for his
labour and paines in his last years service.
Pursuant therefore unto the Act of the said Great and General Court or Assembly
Entituled : An Act for tho reviving and continuing of tho duties upon Goods, Impost,
Excise and Tunnage of Shipping and the Acts for granting of the same, amongst other
things applied to the defreying of the necessary and contingent charges in and about the
support of the Government of this their Maj'ii^ Province
M£ Treasurer is hereby Ordered to pay himselfe the said sum of two hundred and fifty
pounds. William Piiips." — Exec-
utive Records of the Council, vol. 2, p. 269-
Chap. 19. This chapter is from archives, vol. 100, p. 495. It is recorded in council
records, vol. VI., p. 355. See notes to resolves, 1693, chapters 8 and 9, and 1693-4,
chapters 1 and 16.
The following is the order in Council upon the final report of the committee appointed
by this chapter ; —
"Feb. 20, 1694-5. Upon reading tho Report of sundry Gents nominated & appointed
by tho great and General Court or Assembly of a Committee to revise tho accompts of
John Phillips Esq™ during the time of his being Treasurer of the late Colony of tho Mas-
sachusetts, and to rectify all errors and mistakes as should appear therein, not taken
notice of by the former Committees or otherwise, and to adjust the same &c, wherein
they find due to the s'i John Phillips the sum of Five hundred & eighteen pounds, sixteen
shillings money, including the allowance made him by the said Court of Five hundred
pounds as a recompence for his service as Treasurer for the said late Massachusetts
Colony from the ISth day of April 1689 until the 14"} day of May 1692.
Pursuant therefore to an Act of the Great and General Court or Assembly Entituled,
An Act for enabling the Treasurer to call in the arrears of publick Rates and discharging
of publick Debts, passed at their Session in November 1693. and one other Act for grant-
ing unto their Maj'J'^ a Tax of twelve pence a Poll and one penny on the pound for
Estates, amongst other things applied to the dischargeing of publickDebts due from the
Province, made and passed at their Session begun and held at Boston the 30'i} day of
May 1694.
Ordered. That Ml Treasurer to pay the abovementioned sum of Five hundred and <
eighteen pounds sixteen shillings unto the said John Phillips Esq™ late Treasurer.
Wm Stoughton." — Exec-
utive Records of the Council, vol. 2, p. 312.
See vote, 1695-6, chapter 20, which was rescinded by vote of 1695-6, chapter 53, q. v.
Chap. 22. This chapter is from archives, vol. 61, p. 521. It is recorded in council
records, vol. VI., p. 362.
Tho following is the petition upon which this vote was passed : —
"To his Excellency Sf William Phips Knt CapJ General & Governor in Chief in
and over their Majt'^s Province of the Massachusetts Bay in New England, and the
hono^bie Council, & Rep'sentatives convened in Genorall Assembly.
The" humble Petition of Cap^ Robert Glover Coinand,'" of the Sloop Dragon a private
man of Warr, in behalf of himself, and the owners and Company of the said Sloop.
* Colonial New York, ut supra.
The neutrality thus t>ecured by Frontenac through the recklessly selfish policy of Fletcher
was a dire calamity to New England, »iiice while it deprived her of the help of a powerful ally it
enabled the French to direct all their efforts against New Hampshire and Massachusetts without
fear of au attack in the rear. See further on this point, the note to private act, vol. VI., number 19.
442 Province Laws {Resolves etc.). — 1694-5. [Chaps. 23, 24.]
Sheweth
Thrit whereas in the year 1691. his Excell^y Christopher Coddiungton EsqjCapf Generall
Govern.r and Coinandf in Chief of their Majtie^ Carribbee Islands and Vice-Admirall of
the same, did Constitute and appoint your Petition^ Coraand."" of the said sloop, and
thereby Comissionated yo.'' Petition"" & Company to talie & surprize all such ships goods
merchandizes & things as belonged to their Maj'^^s Enemies the ffrench & their Allyes.
Since w^ii yoj peticonj & Company have taken near twenty severall vessells loaden with
ffrench goods & merchandizes and have had the same adjudicated & condemned to him &
his Company as Lawfull prize, without paying any Tenths or other dutyes or Imposts
either for the s'^ vessells or merchandizes. And yoj peticon"' further sheweth That on the
sixteenth day of July last past in the Mouth of Canada River he and his Company
belonging to the said sloop did take one fflyboate called the sn.t Joseph of the burthen of
three hundred Tonus loaden with "Wine Brandy & other Merchandizes belonging to the said
ffrench Kings subjects, bound from Rochell in ffrance to Quebeck for the supply of the
ffrench there, and the same is brought into the Port of Boston for Condemnacon, hoping
for the like encouragem* here for yoj peticonf and Company as he & they have already
received in their Majijes said Carribbee Islands. Now so it is may it please yof Excellency
and honors That since your Peticonr^ arrivall in this port with the siJ prize for her Condem-
nacon, he is informed that he is lyable to pay Impost for his Wine's after the rate of tenn
shillings 1? hogshead wch will be a very great discouragem* to him and his Company &
such others as are designed to Joyne him here the next Spring, for the annoyance of their
Maj'i*^^ Enemies in these parts and for the great advantage and enriching of this Province
Yoj Peticon.r therefore humbly prayes, the p^misses considered That your Excellency
and lionofs will be pleased to free the said Prize sn'. Joseph and all her goods merchan-
dizes and things therein from all such Imposts and dutyes as are imposed & laid vpon all
or any part thereof by any Law of this Province
And yof petition."" as in duty bound will ever pray &c
Robert Glouee." — Mass.
Archives, vol. 61, p. 521.
As it first passed the Council, September 13th, this vote provided that " § f be abat.d and
no drawbacks to be allow.d for Exportation."* On the next day the House passed the
following vote : —
"Voted That s*! Rob' Glover Be abated & freed from all Duty & Impost which is laid
on said Vessell or Goods by any Law of this Province." — Ibid., p. 522.
This vote was subsequently amended in the Council to the form in which it appears in
this chapter, and in that form it was concurred in by the House.
Chap. 23. This chapter is from archives, vol. 61, p. 526. It is recorded in council
records, vol. VI., p. 362
By an act of parliament dm"ing th3 protectorat8,t masts, pitch and tar, imported, were
subject to an excise of twelve pence in the pound, to be paid by the first buyer, upon a pre-
scribed schedule of valuation. This was in addition to the established duties paid by the
importer. By a former actt of this parliament, which is the foundation of the Navigation
Acts of 12 Ch. II., the importation of such stores from places out of the realm (except
from Europe, in vessels belonging to the place of production and export) was confined to
vessels built in England or her plantations. This afforded no especial encouragement to
the English plantations in America, nor does parliament appear to have offered such
encouragement until 1696, (J under 7 and 8 Wm. III., chapter 22, which permitted the
importation from the plantations, under certain restrictions, in vessels taken as prizes, — or,
for the space of three years, in foreign-built vessels, — of " majts, timber and other naval
stores, for the king's service." For a few years l)eforc this enactment, however, the Privy
Council gave every encouragement which the law permitted, to theexportation, for the use
of the navy, of naval stores from the American colonies. T?his wise policy seems to have
been suggested by Sir Henry Ashurst, the acting agent of the province, and Sir Stephen
Evance or Evans, " who was a native of New Haven, Connecticut. "H
The letter referred to in the preamble to this chapter has not been found in the archives.
It is particularly mentioned in the council records ;|| and, occasionally, about this date, in
the correspondence between the government of Massachusetts and the authorities of New
York, Connecticut and Barbadoes, reference is made to the arrival of vessels to carry
masts, etc., to England.**
Chap. 24. This chapter is from archives, vol. 100, p. 434. It is recorded in council
records, vol. VI., p. 364.
In the council records this chapter appears in the form of an order ; thus, —
"Sept. 21, 1694. Upon application made by the Selectmen of Hadley, setting for.th
That in their proportion to the Tax of Thirty 'thousand pounds, they were overcharged
the Stxm of Fifty pounds, through mistake. Praving That the Error may be rectified
Ordered That the sum of Fifty Pounds be allowed, and Abated unto the Said Town."
The following petition from the selectmen of Hadley and the county commissioner was
presented to the Assembly of 1693 during the first session : —
• Mass. Archives, vol. 61, p. .521.
t Bcobell's Acts, 1658, chapter 20.
t Ibid., 1651, chapter 22.
§ On the third of September this year Benjamin Furzor and John Bridger were comraissioncd
by the Privy Council to go to New England, " to inspect and survey and give advice of the naval
productions those places did produce, and what improvements might be there made for the future."
— Palfrey's Hint, of New Enqknul. roL IV , p. 300.
jl September 6, 1694, vol. VI., p. 3.')8.
IT Sou of John. He was born April 21, 1652, and probably went with his father to England
about 10.J6. — Winthrop Papera, in Mans. Hist. Soc. Coll., sixth series, vol. III., p. 19, and note.
** See note to chapter 34, post.
[Notes.] Province Laws {Resolves etc.). — 1694-5. 443
«' To y IIono™*>io sr W" Phippg Kn' Govern' & to the Hono^'i Counsell & Rep'sentativeg
In Gen" Co'te Assembled May 31 1693 The Humble Petition of the Inhabitants of Iladly
Humbly showeth —
Whereas in the Last Assessment made in March Last Our Town with others gave in a
List of o' Ralcable Estate, in which notwithstandin<; all o'' care & y" care of the County
Comission's appointed for y' affaire there wiis an apparent Ero'' in y" sum of s"* List upon
w'l' additions were made & thorcljy wo are Assissed Over & above what was C Right to
doe according to y" rules then improved in s"' Assessm' w«'' is as ffollowcth.
The numi)'' of heads or poles in o' List as it was given in were 80 w^'' are but 78 that
we have to Rate upon ; And togeather with y" aforesd Ero'' there was an Ero' in y" cast-
ing up y sum total! of o'' List; that was it was given in at 76 : 1* „ 10<i it is in realitio But
G5 II 1 ,, 10<i as may appear by y List now Extent ; Calculate o' sum or part to y" 30000"
by 80 heads or poles & the sum totall on o' List at 76'',; 1« „ 10"^ & it is as ffollows
80 poles at '20» p comes to 80"= 00» „ 00'' )
The Ratealjle Estate w'' is 36 „ 1 ,, IQ^ adcd ) \
8 tymes with an addition w^^ was made at \ 181 = 09 „ 02 J totall 251" „ 09« „ 02<»
\ii comes to J
deduct y« first p' at
deduct ye 2^ p' at .
w"!" is ye 3<i pt .
Setting y heads or poles at 78 & ye totall sum of o"" List at 65" ,i 1» ,; 10<^ wci» in Realitie
they are no more as aboves'' & then y just sums are :
78 poles at 20» comes to 78" „ OQs ,, 00<* "1
the Rateable Estate which is 26„1,, 10 adedl I
o tymes w"' an addition which was made at [-is 131 „09 „ 02 j totall 209 „ 09 „ 02
1'' comes to j
68
„ 07 „ 00
193
76
;/ 02 „ 02
„ 01 „ 10
117
.''00 ,, 4
68
//
7
„00
141
65
//
//
02
01
/,02
//lO
deduct 1st pt .
deduct ye 2^ p'
ye 3-1 p' is . . .076 „00 „ 04
Soe y' we are Assessed 41" more then o"" due & Right w^h to cleere up to good satisfac-
tion we liave ol)tained ye help of ye County Comission''s to shew wherein the Ero'' is as
aboves"! & w^h they findeing doe attests to as witness there hands this 24 May 1693
Samll Partrigg
Joseph Hawlet. :
And therefore we Humbly intreate it may be Rectified & s'^ 41"' abated out of the Last
part of ye Assessm' w'' now according to ye treas's ord"" is 117'' „ 0 ,, 4"^ when it should in
Realitie" be but 76" „ 00' „ 04'* & for yo^ Hono''s we shall Ever pray '
aisoe abate ll"' from ye Aaron Cooke. ^ Select men in Hadly in
lb ,i\ „ 10<i m w^ ' we are Joseph Kellogg \ ye name of ye Restof the
alsoe overcharged— g^jju Barnard j inhahitants"in Hadly &c—
, ,. , ,„„ .„„ Timothy Nash : Coun. Comishoner." — Mass.
Archives, vol. 100, p. 432.
This petition seems to have been continued to the next Assembly and then referred to a
joint committee who made the following report thereon : —
" Vpon ye examinaiion of Hadleyes Assesm' we find 10^ Miscast & two heads ouer
enlarged ' Pe^n Townsend ( p^^Hf»
Neh. jEWEt I "^""^^"^
10" Ratuable Estate aded 5 tymes 50"' „ 00 „ 00
. 2 heads at 2 „ 00 „ 00
m„ 00 ,,00. " — Ibid.
This report was read a first time on the fifteenth of November, and on the twenty-second
the petition was "voted out of court by a negative vote."
, At the first session of the Legislature of" 1691-5, George Stillman, the representative
from Hadley, presented the follosving petition : —
" To Ids Excell: S"' W"" Phips Gou>" & to ye honorable Counsell & Rep''sentatiueys in
Gen" Co'te assambled
I whose name ar underwritten humbly Petition this Corte y' was in ye 30000"' taxes
Last m;ide y^^ town of hadley by an ero"" in tlie promisabell 8um of their estates was
asessed & ouer Rated to y" sum of oQli more y our equall proportion with other towns &
their estates M'ould Ilayse and in as much as it is a Reall ero'' as appeareth by a comitty
from this house in their return humbly entreate this Cortes Consideration & abatement
of sd sum either out of ye pi'sent tax or out of the next 'wch shall be Raysed & it lieing
soe just & Reasonable a thing I hope & l)leues you'' hono''s will Grante it to whome humbly
pi'sent these & for yo'' hono's I pray
Jun : 12 iu Geoug Stillman
for & in be-
halefe of the Town of hadley." — Z6irf., p. 433.
The following are the proceedings upon this petition : —
" Upon the Fetiiion of George Stilman in the behalfe of Hadley to bo abated £50" by
Reason of niisscasting in the"30000"' Tax it is voted That the Town of Hadley be abated
in tlie next Tax thirty Pounds
June 16"' : 1694 : Past in the afHrmative by the house of Representatives & sent
up to his Exey & Concil for Consent Nehemiah Je-wet. Speaker." — Ibid.
444: Province Laws {Resolves etc.). — 1694-5. [Chaps. 25, 2G.]
The above first vote of the House having been found erroneous it was brought up again
in the House three months later, when the following vote was passed thereon : —
" Upon further Consid''ation of y« Petition of George Stilman in the behalfe of y Town
of hadley to bo abated fifty pounds by Reason of a misscasting in the 30000 Tax : it is voted
yt yo Town of hadley be abated the s^ fifty pounds in arrears of the 30000'' Tax and not 30«
in the next Tax. past in the affirmative by the house of Rep'' & sent up to his Ex<|y &
council for consent
Sep"^ W^ 1694/ Nehemiau Jewet Speaker." — Ibid.
It does not appear that the Council acted upon this petition until the second session,
when the House sent up the vote which constitutes this chapter. This was on the nine-
teenth of September, and on the twenty-first the Council concurred therein.
Chap. 25. This chapter is from archives, vol. 61, p. 531. It is recorded in council
records, vol. VI., p. 364. See notes to chapters 23, ante, and 34, post.
Chap. 26. This chapter is from council records, vol. VI., p. 367. It is preserved in
archives, vol. 100, p. 499.
The following is the account referred to in this chapter : —
" An account of what is Due to Snndry Fsons Improved by Coll" Pyncheon. Samuel
Sewall & Penn Townsend in their late Journey to Albany by order of the Generall Court
To our attendants & Pilots 18. 15 0
To horse hire 12. - -
To Severall Expences fitting out 2 17. 6
To m' Beuj". Wadsworth : our Chaplin 6-0-0
To our Selves : what this honored Court shall see meete to allow 60- 0- 0
Boston 21"' Septemb' 1G94 99- 12- 6
Sam* Sewall.
Penn Toavnsend." — Mass.
Archives, vol. 100, p. 499.
It was first approved by the Council on the eighteenth, and the next day "consented
to" by the House.
For this payment the Treasurer had the following executive order : —
" Dec. 5, 1694. AVhereas the Great and General Court or Assembly at their Sessions in
October last voted, that there be paid out of the publick Treasury unto Samuel Sewall
Esq^ & Major Penn Townsend two of the Commissioners lately imployed to Albany on
behalfe of themselves &ca the sum of Ninety nine pounds twelve shillings and six pence
according to their accompt laid before and approved of by the said Court.
Pursuant therefore to the Act Entituled an Act for granting unto their Maj'-^s a Tax of
twelve pence a Poll and one penny on the pound for Estates, made & passed at their Ses-
sion in May last, amongst other things applied for the answering of the contingent charges
of the GovernL
Ordered. That M]: Treasurer do pay unto the said Samuel Sewall and Penn Townsend
on behalfe of thomservos and others inthe said accompt named, the above sum of ninety
nine pounds twelve shillings and six pence. W^ Stoughton." — £a;ec-
utive Records of the Council, vol. 2, p. 290.
The following entry showing other items of expense incurred by Massachusetts in this
treaty is from the province ti'easurer's account : —
"Paid Samuel Sewal Esq'. & Majj Penn Townsend
Comission" imployed by the Governor & Council
to transact with the maquas & other Nations of the
Western Indians for renewing y Ancient Freind-
ship £200„-/, - as a present & £149 „ 12 ,j 6 inci-
dent charges l^or y^selves & Guai'd. . . . 349 „ 12 „ 6
Paid Lieut JniiHainond for him self e & Troopers as
a guard to s'pringfield to y<^ Comission" that went
to Albany 13 „ 19 „ 6
Paid Eliez. Phillips for defraying y necessary charges
of y« Guard yt.went mth y Comission" to spring-
field, '. . . 6„ 2„- 369 „ U f, -." — Mass.
Archives, vol. 122, p. 39.
In the note to chapter 17, ante, it has been shown that Colonel John Pynchon acted as
one of the commissioners to Albany ; and it was conjectured that he went in his military
capacity, on the order of the Commander-in-chief. If this conjecture is well-founded his
services were requiled by his regular allowance as a military officer on duty. He,
however, seems to have believed himself entitled to compensation in a civil capacity
equally with his associates. This appears by the following letter from bis friend Colonel
Partridge, who was then a deputy to the General Com-t from Hatfield, enclosing the sub-
joined note which he had received from Pynchon : —
" To his Exccll" Sr W" Phipps Kn' Gov & to y Hono'-''^'= Counsell &c
The Hono'-''! ' Coll" Jn" Pynchon Esq"^ Haveing perform'' a journy to Albany on their
Maj<'8 Service tSc desircing myself to p'sent to yc liono"'^ his desires of yo"' Consideration
& allowance for his s'^ Service w"^"* accordingly in his behalf I doe here p'sent & Remayne
yo' Hon'" much obliged Serv'
Boston Sep'"- 12 169 1 Skm^^ Pautrigg." — Ibid.,
vol. 100, p. 490.
"The Gent, y' went to Albany: I suppose wil haue some allowance made y™ at this
court for their service: when as yo" haue opportunity, If yo~ would Please to mind &
put in, for me, I shal take it thankfully : I hope at least .20" wil be allowed me : It was
[Notes.] Province Laws (Resolves etc.). — 1694-5. 445
a very hard service in my age: &r: w' may be allowed me, I intreatc yon to get y" order
& bring it w"' yo~ & y Treasrs order to o' constal)le to pay it me
J[onN] P[tnciion]." — Ibid.
Chap. 27. This chapter is from archives, vol. 113, p. 90. It is recorded in council
records, vol. VI., p. 3G7.
Thcfollowingpetition, winch is the foundation of the vote that constitutes this chapter,
Mas read in the House of Ilcprcscntativcs on the eighteenth of October; —
" To his Excelencio Sir William Phips Cap' Gen': : & Goucrn"- in Cheife in & oner theire
niMJcsties pronince of tho Massachnsets in New england & the Rest of the Hon'"' : -Gen" :
Court Sitting in Boston October : IG"' : 1694
The Humble pettition of Thomas fflske of Wenham in behalfo of the towne Humbly
Sheweth —
Whereas the Hon'''' : Gen" : Court at theire last Sessions in Sep' : .5':'' were pleased to
malce an addittion to our list of 19" : : 8« : 8<^ makeing vp the wlioll Sum 91« : 11« : 0 as by
tlie Treasurrs precept transmifted to our towne doe appeare: our towno looke at them
Sclues Greatly opprest thereby &. humbly craue Yc Excelencies honfi Court to Rcleiue vs
thorin forasmuch as there was a greate mistake in Casting our Sum eyther by o'' afforcs'' :
list or Compareing it with o'' towns proportion of the 30000'« it will plainly Appeare that
we are Assessed more then twentie two pound to much or thereabout as to o'" list of 19":
8« : S** we therein Assessed o" Inhabitants to the vtmost according to the hard Sircum-
stances that o'' towne is vnder by reason of scant bounds & want of Coinon & medow:
most of o"' people are forct to Goe about Eight miles for theire haye & there buye it at a
deare Rate seuerall of o'' Iliabitants haue greate part of theire medow tilling & pasture
lyeing in other townes
' Yo'' pettioner Humbly offers the Cass to yo'': Excelencie & the rest of this Hon"^:
Court & praye that Justice may be attended by Remoueing any thing therin w^b hath bin
don w<^'' was not fairely Intended & yo'' pettitioner shall as in duty euer praye
Sir Yo'' Excelencies & Courts Humble Seruant
Tho^ ffiske." — Mass.
Archives, vol. 113, p. 90.
On being read and considered, the vote aforesaid was passed by the House.
This petition was referred to a committee of the House, consisting of Mr. Clap, Major
Sweyne, Captain Gardner and Mr. Tilestone, " to overhall the list to see if there be a mis-
take in the doom upon Wenham." This committee reported as follows : —
" vpon the viewing of y^ seueral lists we find there is a mistake of twenty pounds which
the Town of wenham is more in proportion then other Towns." — Ibid.
The form of the vote as made up by the Secretary is as follows : —
*' Oct. 19, 1694. Voted in Concurrance with the House of Representatives That it
Appearing that the Town of Wenham has by Mistake been charged to the late assessment
over, andabove their proportion, The Said Town shall be allowed, and abated the Sum of
Twenty pounds out of their proportion to the next publick Tax which shall be granted." —
Council Records, vol. VI., p. 361.
See, further, note to chapter 32, post.
Chap. 28. This chapter is from archives, vol. 100, p. 500. It is recorded in council
records, vol. VI., p. 368.
Chap. 29. This chapter is from council records, vol. VI., p. 368. It is preserved in
archives, vol. 100, p. 466.
The following petition, which is the foundation of this chapter, was presented during
the second session of the former Assembly : —
" To his Excelency y Gouf S' Will"' Phipps Kn* &c : the Hon''d Councill & Representa-
tives Conveaned at Boston : fiFeb' : 14'h : 1693/4
The Humble Petition of Jn" Houghton in behalfe of the Inhabitants of y« Towne of
Lancastf :/
Humbly Sheweth
That wheras y s<' Inhabitants of Lancaster haue both formerly & of late been expossed
to very great troubles & charges by Reason of y Long continued war with y<= Indians :
seuerall persons being Killed by them & others haueing Lost great part of theire estate by
them : & also by being so long Nessessitated to Hue in Garisson where neither men nor
women can doe but very litle towards y« supply of theire famijyes : theire being so mutch
time spent in watching warding & many allarrums that haue been amongst us & that
which is more y« dayly feares we were expossed to in y« Dangers which atended us in ou^
labours, being "for so long a time constrained to get our bread with y perill of ou"" lines :
whereby many are brought to extreame poverty, not knowing how to get either food or
^loathing for themselues or famillys : also y« great charge expended in building Repairing
& maintaining so many Garissons : eight of which being allowed by order, y charge of
s<> Garissons being very considerable : also in ye midest of theese troubles we haue beene
at great charges in y settlement of on"" towne, it being wholly Destroyed y^ last warr : &
yet we are in great feares notwithstanding y" present peace we being so few in number &
60 unable to defend ou''selues :
You' Peti''* Humble Request to yo'' Hon''« is that you would consider the ptnisses &
Releiue s^ Inhabitants by Granting them som considerable allowance for y« charges
expended in y« building & Repaireing s'l Garissons acording as you' Hon''* in wisdom &
Justice shall see meet & heerby you' Peti'' together with y« Rest of the Inhabitants of sd
Lancasf shall be the beter Incouraged to conflict with y many Diffucaltyes we are Inci-
dent to & farther oblidged as in Duty bound euer to pray : &c : /
Jno Houghton in behalfe of the Inhabitants of Lancast^" — Mast.
Archives, vol. 100, p. 466.
446 Province Laws (Resolves, etc.). — 1694-5. [Chap. 30.]
This petition having been read, the House passed the following vote thereon : —
" March 3fi 1633/4 In answer to the aboue Petition & for the incoiiragment of the
Inhabitants of Lancastf referreing to their great Charge in fortifiing themselues in this
Troublesome time the house of Representatiues Do vote that the said Town be allowed
them Twenty pounds out of y>= next assesment & sent up to his Ex"y y" Govern & Coun-
cill for theu- Concurrance & Consent Nath : Byfield Speaker." — Ibid.
No action having been taken upon this subject by the Council it was brought up again
this year in the third session of the General Court, and the following vote by the House
was "concurred in by the Council : —
" octobr 19'i> 1694/ the above Vote is again voted & past in the afBrmative by the house
of Representatives to be allowed out the Tax last granted & sent up to his Ex'^y and coun-
cil for consent Nehemiah Jewet Speaker." — Ibid.
See, further, note to chapter 32, post.
Chap. 30. This chapter is from archives, vol. 113, p. 97. It is recorded in council
records, vol. VI., p. 369.
In the letter from Lieutenant-Governor Stougbton to the Governor and Council of Con-
necticut, July 30, 1694,* mention is made of the attack on Groton, by Indians, on the
previous Friday .f Harvest time was approaching, hence a few weeks later the inhabitants
applied to the Governor and Council for a military guard while getting in their crops.
Upon this application the Council advised the adoption of measures for protecting the
inhabitants, as follows : —
" Aug. 23, 1G94. Upon application made by the Inhabitants of the Town of Groton,
where great depredations and murders have lately been committed by the Indian Enemy,
praying that some assistance may be afforded them, that they may be enabled to attend
their occasions in the Field, for gathering in of their Harvest; and the like being moved
by Major Thoj Henchman on behalfe of the Frontier Towns within his Regiment.
Advised : That thirty of the new raised Forces be posted in the Frontiers as the Com-
missioners of War with s5 Major Henchman, shall advise and direct to be of the most
service for their defence, and that eight of the Troopers lately imployed to range upon the
heads of those Towns for discovery of the Enemy bo continued in that service for one
fortnight more and no longer ; and that the sixteen Souldiers ported at Dunstable and at
Varnums & Cobournes Garrisons he continued in their Post.
Advised : That Col : Saltonstal be ordered to detach Twelve Men out of his Regiment
to be improved at his discretion for the security of the Frontiers there, & discovery of the
Enemy." — Executive Records of the Council, vol. 2, p. 279.
The following petition, upon which this chapter is based, gives a summary of the cir-
cumstances which induced the petitioners to ask for relief: —
" Groton Octob'" 15th 1694 Xo the Honored Generall Court :
The humble petition and earnest request of the Inhabitants of Groton humbly sheweth ;
That whereas we the present survivers of this Town do understand that ourselues either
without invoice, or according to some former, or according to your honours pleasures are
willed & domed for a rate or Levy, a considerable some of moneys amounting to 50"' ;
we therefore being feelingly apprehensiue of our utter incapacity, in present circumstances
without apparent wrong to us ; to pay said sum humbly make bold under God to addresse
this honored great generall Court, with both our humble petition and a discovery of our
condition : our petion is that we may (If it be your honoural)le pleasure to remitt us our
assessment and not putt us upo further inevitable streights & Miseryes, This we humbly
petion (and that we may not be thought unjustly to withdraw y^ shoulder from putting
our strength & help to support and cary on the governement of their, our Majestyes in this
part of their dominion, and be unwilling to bear our part with the rest of their majestyes
subjects on this New England shoar) as we haue constantly & proportionably heitherto
done) and as arguments and Reasons to prevail in this case, we make bold to spread our
conditio before your honored seines : not to run back very farr
1 It pleased God the disposer of all men & humane affairs to place us tipon ye outward
borders of j" inhabited land on this side y*' country, which l)y some is alledged as an argu-
ment against us, yett lett Reason butt speak & the union and communion not ondly of
naturail, butt christian societyes hatie its argument and it will tell us of bearing one
anothers burdens, and of that sympatliectick property that is in a naturail body & ration-
ally ought to be both in cyvill & politick also : and therefore whatever our alledged prive-
ledges are, or have bin, we ought not to be Grudged them, for indeed our out edge &
distant Living hath l)in in these times of late awfull dealing, our hurt & damage both as
to 't^sons & estates bcyound parrellell with any inward Townes, as plaine & undeniable
Reason & argument is ready to be given :
2 The providence of y wise God, did order it That very greivou* troublesome and
mortall sicknesse was amoungs us the last year by w^h we were not ondly leasoned con-
siderably in our numbers, butt deminished in our estates It being so generall That one
could not help y« other by w<^h great charge of Doct" came upo us, losse of y seasonable
Labour of our inhal)itants, to the indamaging yo estates of y" most, unrecovered by
many to this day.
3 we might add our constant (in these late times) standing upon our guard, and con-
siderable charge, of building & repairing forts, for our owne and the countryes safty, and
eecuring their raajo3t,yes subjects, both here, and in the inmost places.
4 This years soar and awfull troubles by y" late deaths captivityes and consequent
meseryes. "whereby we lost severall able valulile >t>son3 whose estates are either, much
lessened, or removed by others, out our reach: beside by inevitable losse of corne, It is
• Note to chapter 17, ante.
t Tbe English losses were probaWy twonty-two killed, three wounded and thirteen captured.
See an exhaustive account of the affair in Dr. Green's " Groton during the Indian Wars."
[Notes.] Province Laws {Resolves etc.). — 1694-5. 447
Judged by many of onr Towno that a third part at lest of our Indian corno, is wboly lost:
and now of late Psons hane bin hcndrod much in their corno, & hay harvest, beside the
hand of God upon our husbandry, as to ryo much blasted, not halfoa usual crop and by
early frost, Indian corno much hurt, & dnmnifyed, that sevcrall familyes will be at a losse
for corno, not havinit for halfe y" year through : Thus leaving our potion cSc condition to
your honours serious considcrati(m hoping you may see, reason to indulge us in that
matter i)raying to God who setts amoung V" god to direct, & preside, and blesse, your
-Psons & consultations, to conclude cSt detormino what may be for y<^ present & future
wool & prosperity, of those plantation, we rest & remaino yours in all duty & service :
James Pakker senb:
William Laken senr. select men
in the name of y« select men &
by y« voat of y8 Towne of Groton." — Mass. Archives, vol. 113, p. 89.
See, farther, note to chapter 32, post.
Chap. 31. This chapter is fro9i archives, vol. 100, p. 501. It is recorded in council
records, vol. VI., p. 370.
The following is the petition upon which this chapter is based ; the vote upon it being
passed )ij' the representatives on tho twentieth, and concurred in by the Council on the
twenty-third of October, 1694 : —
"To his Exellencie S' W™ P'hipps Kn' Cap' Gener" & Governo"" in cheif of their
Maj'-i^^ Province of the Massachusetts Bay in New England &c & To The Homi"" Coun-
sell &c —
The Ilximble Petition of Andrew Sigourny Cunstable at the French Plantation —
Humlily shewelh vnto your Exelency tt To vC Hon" that your Petitioner roced an
order from M"" James Taj^lor Treasurer for tho Collecting Eight pounds six shillings in
our Plantation, for Poll "money now wheras the Indians hauo appeared seulall Times This
somer wee were forced To Garrison our selues for three moneths Togather & seiiall ffam-
illies ffled soe that all our somers Harvest of Hay & Come hath gone To ruinn by tho
Beast & Cattle w<'> hath brought vs soe lowe that wee haue not enough To supply our
owne necessities many other ffamillies abandoning likewise soe that wee hane none left but
M'" Bondet our Ministre & y" poorest of our plantation soe that wee are incapable of pay-
ing sd Poll vulesse wee disjjose of what little wee hauo & quitt our plantations wherefore
humbley intreat this Honn^'''^ Councell To consider our miseries & incapactie of payin
this Poll & as in dutie bound wee shall ever pray &c''." — Mass. Archives, vol. 100, p. 502.
The following is the form in which this vote was recorded by the Secretary : —
" Oct. 23, 1694. Voted in Concurrance with the Representatives, That the Treasurer
Suspend tho Calling in the last Tax laid on the Town of Oxford of eight pounds. Six
shillings, until May Coxirt next." — Council Records, vol. VI., p. 370.
See, further, note to chapter 32, post.
Chap. 32. This chapter is from archives, vol. 3, p. 378. It is recorded in council
records, vol. VI., p. 370. This was tho last of a series of similar votes this year.
The following order in Council was passed in conformity with the provisions of the tax
act of this year:* —
" Nov. 6, 1694. "Whereas in and by an Act of the Great and General Court or Assembly
Entituled: an Act for granting unto their Majty^ a Tax of twelve pence a Poll and one
penny on tho pound for Estates, made and passed at their Session begun and held at
Boston the thirtieth day of May last, in the sixth year of their Maj'^s Reign, amongst
other things therein contained, It is provided and declared that all such Towns and places
as by the vote of this Court at their Sessions in May or November the last yeare, wore
judged to have been assessed over and above their due proportion to the last Tax, shall
have the allowance and abatement then Ordered them respectively out of the next Tax or
assessment that should be granted, which is this present Tax.
Pursuant therefore to the said Act, M^ Treasurer is hereby Ordered to make allowances
to all such To^^Tis and places according to what shall be made appear unto him by the
votes of the said Court. William Phips." — JExec-
utivf. Records of the Council, vol. 2, p. 289.
Chap. 33. This chapter is from council records, vol. VI., p. 372, and archives, vol.
70, p. 226.
The following is tho petition on which this chapter is based : —
" To his Excellency S'' William Phips Kn' Cap" Generall and Govomo' in cheifo of
their Majtjes Province of the Massachusetts Bay in new England and Hon'^'" council of
the same with the Representatives of sd Province now assembled in Generall Court held
att Boston June 8'i> 1694.
The Petition of Samuel White of Weymouth
Humbly sheweth
That att tho beginning of the Late Revolution hero, upon the seizure of S"^ Edmond
Andross, there remained due to yo'' Petition'' for Building of the Mary ffort in Boston &
the Gunn Carriages then placed "therein, the summe of Forty Pounds & upwards, w<^h the
Coniittee this present Yeare has allowed of, as of right belonging toyo'' Petition'', of which
hitherto he has not reed one penny. That after the said Revolution Yo'' Petition"" rec^ a
warrant from Coll" Quinsey of Braintrey, requireing yo"" Petitio'" with his Troope (w"*" y°
consisted of Twenty Eight men) to goe up to Mendham & round the out Townes for their
defence, w<=>» Warrant he -with his Troope obeyed and were out upon the Country's service
a whole weeke, and bore their owne Expencos, without any manner of Compensation
• Province Laws, 1694-5, chapter 2, § i, proviso.
4:48 Province Laws {Resolves etc.). — 1694-5. [Chap. 34.]
hitherto for the same. That Soone aff S' Edmond Andross made his Escape out of
the Castle yC" Petition'' received a Warrant from Gov Bradstreet and the then Council to
pursue him and to bring him back, w"'' warrant Yo'' Petition"' and his Troope consisting of
Fifty Two men, Obeyed by Goeing to New Port aff sd Edmond, & in bringing him back
to y" Castle againe, and only charged the countrey for one daye and nights Provision for
sd Troope att Bristol, the rest of the charge the sd White defrayed which then Cost him
Nine pounds & upwards in money. That about the time of the begifiing of the Late
Expedition for Canada, Cap° Legg M'' James Taylor and others came Downe to weymouth
with a warrant from the then authority to make Bulletts, for sd Expedition, and finding
that the Same might bee made without water by the help and Assistance of a Competent
Number of hands, Yo'' Petitioner Imployed Sixteene poore men Together with himself
Tenn dayes & Nights thereabout, and that very dilligently & Industriously too ; and att
his owne cost payd off the said poore men, Andyc petitio>' had his owne Boate Impressed
to bring up the said Bulletts as also to carry wood downe on bo:»rd the Cannada fleet.
Soe that upon the whole There is due to yo'' petitio"" above Seaventy pounds money,
besides he had Two men a whole winter in the Countrys service in y^ Easterne parts und'
s'' Edmond Andross, & never had their armes returned him nor any compensation for
their Service
Yo'' Petition' Therefore humbly entreates the favour of this high and honWe Court to
take y premisses into Considerac5n by being pleased to order unto him the payment of
sd moneys. And Yo'' Petition' as in duty bound shall ever pray &c
Samuel White." — Mass.
Archives, vol. 70, p. 223.
With the above petition White filed the folIo-\ving account : —
" The prouince of the massachusets bay debt to Sam\i white Capf
6th 5mo 1689 to himself Cornet Chubback & twenty Six troopers Scouting fine " «* *
" "" dayes on y fronteir to-mis & paid for their own prour . . 13-03-0
25-5-94 to what he paid seueral men for turning y« whele to make
bullets & other Charges as i* his acc° 16-15 0
29-18-0
to my Expence & tyme with my troop Consisting of fifty two men
in bringing S' Edm : Androus from Newport to ye Castle which
Cost me nine pounds in mony which I freely glue vnto the prou-
ince prouided y" above acc° be paid the 24* oct? 1694
Samuel White." — Ibid., p. 226.
The petition having been presented to the House it was referred, together ■with the
accompanying papers, to a committee, who reported as follows : —
" wee whose names are vnder written being appointed a Coinitte to Examine Cap* wliites
petition & papers, haue accordingly -viewed the same & doe Judge that the aboue acc^ of
twenty nine pounds Eighteen shillings ought to be paid him liy the prouince
the 25*.'' 8nio 1694 Jerem" Sweyne
Samuel Gardner." — lUd.
For some reason which does not appear, £7 10s. were deducted from the amount claimed,
before the vote was passed.
The province treasurer's account shows that Captain White was paid £22 8s.
Chap. 34. This chapter is from archives, vol. 61, p. 548. It is recorded in council
records, vol. VI., p. 372.
In the note to chapter 23, aiite, which is the vote appointing the committee mentioned in
the present chapter, some account is given of the increased attention paid by England to
the production of naval stores in her colonies in America. Sagacious English merchants
began to entertain schemes for establishing monopolies tor this business,* and numerous
vessels were sent to America by the admiralty, to procure such of these stores as had
heretofore loeen chiefly furnished by the northern countries of Europe. Mention of the
arrival, or expected arrival, of mast ships occurs in letters from Lieutenant-Governor
Stoughton to Governor Fletcher, February 25, 1694-5, and April 1 and May 20, 1695 ;
and to Governor Treat of Connecticut, May 6th — the last two being cited in the notes to
chapters 29, 1695-6, and 1, ante, respectively.
The following is the order in Coimcil for the payment of the first instalment of the
money granted in this chapter : —
" Nov. 3, 1694. Pursuant to a Vote of the Great and General Court or Assembly of the
27il} of October last, that M£ Treasurer by order of the Governour with advice of the
Council, do disburse & pay out of the late Tax the sum of one thousand pounds (or more)
if needed for the Cost of a" Ship load of Naval Stores, ordered to be sent into England, and
towards their transnortation according as in the si vote is directed, including the sum of
four hundred and eighty pounds remaining of the moneys formerly ordered to be remitted
unto Sl Henry Ashhur'st according to a former vote of the said Court.
Ordered, that Ml Treasurer do pay unto Colonel Bartholomew Gedney, Col : Elisha
Hutchinson, and Major John Walley of the Committee appointed by the Com-t to provide
the si Naval Stores, and to take effectual care for the speedy transportation of the same,
the sum of six hundred pounds in part of the sum abovementioned towards the purchas-
m^ of si stores, and eS'ecting of such agreement as shall be made by that Committee for
the transportation thereof. William PHips."—£a;ec-
utive Records of the Council, vol. 2, p. 288.
Similar orders for the additional payment of two hundred pounds, and one hundred and
fifty pounds, were issued, respectively, on the twelfth of June and the twenty-ninth of
August, 1695.t
* See chapter 12, ante, and note.
t Executive Records of the Council, vol. 2, pp. 336 and 361.
[KoTEs.] Provtncr Laws {Resolve!^ etc.). — 1094-5. 449
The following contract for furnishing material for oars and ships' knees for nse in the
navy remains in the archives and is inserted hero as giving an idea of the price of such
coiumoditios at that time and the manner in which thoy were procured : —
" Articles of agreement had mad and Concluded Couenanted & agred upon by & be twen
W"" Partridge of Portsmoutli in ye Prouanc of New liiunpshicr maichant oncyo one party
& Cap^ Thomas Ilarny of Almsbury in ye County of Esx in ye Prouance of ye mathutects
bay both in New England one yo other party witsneth That he ye sd thomas haruy doth
by thoas prcsanc Couenant promics and Agree to got & i)rouid or Cans to bo got & bo
prouided ten thousand i'utt of good marchantaljle ore Rafters lit for thayr Majstes nauell
stors made of whit ash and to be from fmctcn foot to twenty two foot in Length most of
ye longst sort and all so to prouid or Caus to be pronidcd three score tuns of good mar-
chantablo whit olco knes and standerds non los then fine foot and to be square & with in
square and in all Respects fit for thcair Majsty nauell stors and to be dcliuercd with ye
ore Rafters abouo mentioned at sum Conuenaiit landing pleases on meremack Riuer side
fit for sloops to take ym in at or lie fore the twentieth day of July next unto sd W'" Par-
tridge or his order &c
And ye sd W"' Partridge on his part doth Couenant promis and Ingag to pay or Cans
to be payd unto him sd tlaomas harfuy o*]r his order or asignes : the full and Just sura of
one hundred & one pounds ten shillings Curont mony of new England wliear of tliirty
fine pounds at Seailing& deliuering theas presanc and the Remainer when the goods Abue
mentioned is deliuered in time & place afore said and for trew performance the partyes :
aboue named dwo bind them selues theyer Ayers Excecuters &^' : Each to ye other In ye
Penulty and forfietur of two hundred pounds Curont as afore sd to be payd l)y ye failing
party to ye obsaruing party in testomony whare of thay haue set to theair hands and
seals Dated in Portsmouth in New hampshire afore sd this fiueteenth day of January 1694/5
Test Samuel Keais W™ Partridge (s3)
JOSSEPH AlLEXANDER /~v
THO; HARVEY (Se^l)
Rescued of wm Partridge seuenten pounds formerly and Eaighten pounds now which is
thirty fiue pound being in full of ye first payment of a contract for knes and ore Rafter
baring dat EquaU with theas presants
January : 15 : 1694/5 ^r me Tho : harvet
Test Samuel Keais
JossEPH Allexander." — Mass. Archives, vol. 62, p. 8.
Chap. 35. This chapter is from archives, vol. 100, p. 506. It is recorded in council
records, vol. VI., p. 373.
The inhabitants of Dartmouth were largely members of the society of Friends, and so
not readily disposed to waive any technicalities which might be availed of to avoid the
payment of taxes laid upon themby the Orthodox government, and, moreover, they had
sincere scruples, doubtless, against contribiiting to support the war against Canada waged
by the provisional government of Massachusetts.
As in many other cases, this chapter was framed by the Secretary, from two entirely
distinct votes, on a petition and separate accounts, one by James Samson, and the other by
Lettis Jenery, constables of the town of Dartmouth. Samson seems to have been in
prison, in Boston, at the date of his petition, which is given below : —
" The Subscriber Humbly Sheweth to this Honourable Assembly That he be chosen
Constable for y" Town of Dartmouth in ye year 1690 had a considerable Rate Comitted to
him to collect of ye inhabitants, w'' by reason of ye perversness of ye people & vnsettled-
ness of ye Goverment, there was a great part of the Rate he was not able to come at, for
haveing w'l' a great deal trouble Hazard & charg seized sundry persons & estates w'' were
rescued from mee, & I could not procure yt assistance from authority yt was needfull, by
reason whereof many Rates lay vngathered & some were Removed & others disenabled
before I was in a capacity to receive ye same, Hope therefore this Honoured assembly will
give me some releife yt I may not be forced to lye in prison to make good yt w^^ I was
not capable to come at, & whereas y was a Comittce for to make complaints of this
nature to I was ignorant of ye same vntil it was to Late 1 have made bold to Lay y«
Ace" before yon (or such allowance & abatement as shall be iudged reasonable your
ffavour herein will oblidg your poor petioner
Boston ye 24"' oct : 1694 James Samsox." — Mass.
Archives, vol. 100, p. 503.
"With this petition Samson filed an account of his payments to the province treasurer,
and of the allowance to which he was entitled for a debenture from the commissioners on
the war, which had been turned into the province treasury by him, besides other items for
which he claimed credit.
This account, followed by the account which Jenery rendered without a petition, is given
on the next page.
* Manuscript mutilated.
450
Province Laws {Resolves etc.). — 1G94-5. [Chap. 36.]
" The Suin Returned for mee
to bee accountable for to ye f' » ^
present Tresu' is . . 60 : 00 : 00
paid to ye Treasur'' by Major
Walley w^'' sum Three pounds
allowed to turn it to mony . 30 : 00 : GO
By a Debenture chargd on the
Tresu'' by ye Coin for ye warr. 04 : 10 : 00
By Dan : Wilcocks Rate haveing
been seized & put in Bristol
Jayl & taken out by order of
authority
By wolf pd for as ^ ord'" of Court
By allowance of Two shillings in
the pound for ye 60» being ac-
cording to ye ord'' of ye then
Treasu'' by virtue of an order
of the General Court
Tho : Sherman out of
ye province : . . 4:10:0
James ffranklin . 0:5:0
Ralph Earl a mad
man & his estate
long since disposed 1 : 5:0
01:01:
01:00:
08
06:00:00
00: 0:00
6: 0:0
pd to sundry persons for aid
when ye persons & estates
seized were rescued .
01 : 00 : 00
09:01: 8
James Samsox." — Ibid.,p 505.
"to the honnored Court this is to informe your honnors that seuerall young men of
our town haue Left this prouenc and haue left no estate in the town and therby I am
Disappoynted of giting ther Rate and I Doe Conceue it not to be a just thing for me to be
forsed to be Resposibie for that monye These men being removed before I reed : ye Rate
to collect — Viz
William macomber jun' 01-00-0
george wood 01-00-00
george soul Jun"- 00-10-00
Jonathan Couill Jun' 00-10-00
John Allen 00-10-00
Josiah Allen 00-10-00
thomas Shei-man 01-08-10
5: 8-10
Lettis Jenert Constble." — Ihid.,p. 504.
On Samson's petition the following vote was passed by the House : —
"octobf. 25">: 1694 voted that nine pound^ one shilling & eight pence be allowed or
born by the Province and six pound be made good by tho Towne
past in the affirmative by the house of Representatives and sent up to his Ex'^y &
Council for Consent Neuemiaii Jeavet Speaker." — Ibid., p. 505.
Two days later the vote was passed and concurred, in the form following : —
" OtoV. 27" : 1694. past in the affirmative hj the house of Representatives & sent up
to his Ex<7 & Council for Consent Nehemiah Jewet speaker
die Vdict.
Vot.d a concurrance in Council. _^
Is? Addington Secry." — Ibid., p. 506.
On Jcnery's statement the vote was as follows: —
" octob'' 25^1 1694 voted that the Town of Darkmouth make good the above Sums and
that the petition'' be not obleiged to make it good past in the afflrmative by the house of
Repres's & sent up to his Ex^V & Council for consent
Nehemiah Jewet Speaker." — Ibid, p. 504.
At the next session the inhabitants of Dartmouth applied to the Legislature, for relief
against the operation of this vote. For the proceedings on this petition, and the result,
see resolves, 1696-7, chapter Gl.
Chap. .36. Although no copy of this address has been discovered, the substance of it
may be gathered from the following vote of the House of Representatives containing a list
of reasons for sending an agent from New England (o cooperate with the acting agents in
London:* —
* The following vote passed by the House on the nineteenth of October, 1694, was noneon-
curred in liy the Council on ihe twenty-fourth. Allhougb, at the opening of the second eeesion of
the next Gcner.al Court, the Lieutenant-Governor, in his speech, informed the Assembly that
Peter Sergeant was shortly to sail for England, and that his " assistance to our agents in the pub-
lic affairs of this province depending before his majesty might beof advantage " (Council Records,
vol. Vr., p 418), and though in the same session the Ilouse by vote requested Sergeant to under-
take the agency, and desired the Governor and Council to give him instructions accordingly
(resolves, 1695-6, chapter 39), it appears that he lacked the authority which this formal vote of
appointment if concurred in by both branches would have conferred, and that his commission was
an executive act : —
" Whi-reas there are many things That our agents In England cannot be Informed of by us nor
can answer be given by them as may be by au agent sent from among ourselves. Voted That there
[Notes.] Province Laws {Resolves etc.). — 1G94-5. 451
«' That its necessary for us to imploy Agents may appearo from these following per-
ticulars.
1 its necessary that Applications bo made unto their Majesties the Ministers of state,
(and if need be to the Parliament) for the restoration of as many of onr Ancient Prive-
ledgcs as may bo obtained. The success of Maj : Winthrop in the behalfe of Connecticutt
is incourageing
2. We thinko it necessary that all meanes be used to prevent the designs of any Per-
sons to incommode the I'rovince by Charters or any thing interfering with our liberties
and Properties.
3. Wo thinke it needfull to lay before their Majesties the insupportable burden tying
upon the Province in maintaining the garrison att Pcmmaquid. And that their Majesties
bo addressed to take it into their own lloyall cai'O.
4 it may be expedient to represent unto their Majesties the necessity of reduceing
Canada, and the extream incapacity and calamity wherto the Province is brought by the
miscarriage of our former Expedition, and by our present war with the judians which
makes us unable to do any thing in that matter.
These with divers other things which might have been mentioned we judge sufficient
grounds for us to improve Agents.
And we judge that one from amongst oxir selves to Joyne w'h those in England may
be more capable to represent the perticulars above mentioned and the true state of the
Province to their Majesties than our worthy friends in England, since we are crediblely
informed that its their advice and desire that we should send one from our solves
20. 7. 1694 voted by the house to be sent in to his Ex^y & Council
Nehemiah Jewet speaker." — Mass.
Archives, vol. 106, p. 385.
On the twenty-second of September a joint committee, consisting of Messrs. Danforth,
Sewall, Foster and Corwin of the Council, and Captain Gardner, Major Townsend, Mr.
Denison and Captain Holbrooke of the House, was proposed, — of which, however, only
the House members were actually appointed, — "to draw up an adresse or something to
pressent to their ma'''^" the same "to be lavd before this house at the next sessions of this
Court."*
At the next session the Council joined Elisha Cooke, Samuel Sewall, John Foster and
Nathaniel Thomas to the committee appointed on the part of the House. This was on'
the twenty-fifth of October, and on the thirtieth, an address was reported by this com-
mittee and presented to the Council, when it was " road, and left to a further considera-
tion." On the thirty-first this address was "voted to be fairly transcribed, and signed
by the Speaker and the Secretary."
Chap. 37. This chapter is from archives, vol. 48, p. 241. It is recorded in council
records, vol. VI., p. 374.
The order in Council for the payment of this allowance is as follows : —
" Nov. 12, 1694. Whereas the Great and General Court or Assembly at their sitting in
October last have voted : That Isaac Addington Esqif Secretary of this Province be
allowed out of the Publick Treasury the sum of one hundred pounds money for his
extraordinary service in this yeare 1694. to the last Wednesday of May, and that the
Govornour and Council order it accordingly
Pursuant to the said Vote and the Act for granting a Tax of twelve pence a Poll and
one penny on the pound for Estates, made and passed at the first Session of s^ Court
begun and held upon Wednesday the Thirtieth of May, in the sixth year of their present
Majos Reign, amongst other things applied to the payment of Salaries and other Grants
made by the said Court.
Ordered. That M£, Treasurer do pay unto the said Isaac Addington Secretary the
abovementioned sum of one hundred pounds money, William Phips." — Exec-
utive Records of the Council, vol. 2, p. 292.
Besides this grant, Addington, this year, was allowed his account of fees as Secretary,
amounting to twenty-nine pounds, for the payment of which the following order was
passed : —
"Jan. 31, 1694-5. The Accompt of Isaac Addington Secretary, of Fees due unto him
out of the publick Revenue, amounting to twenty nine pounds, was presented and allowed
of. And pursuant to the Act Entituled an Act for reviving and continuing of the Duties
upon Goods, Impost, Excise and Tunnage of Shipping, and the Acts for granting of the
same amongst other things applied for the defi'oying of the necessary and contingent
charges in and about the support of the Government.
Ordered. That Mf; Treasurer do pay unto the s^ Isaac Addington the abovementioned
sum of twenty nine pounds. W^ Stottghton." — Ibid., p. 311.
The following item in the treasurer's account shows the nature of the services rendered
for which the Secretary charged fees : —
be an agent sent from among c selves to acompany his Ex"/ & to Joyne w* those appointed there
who shall be continued in o' agency twelve monthes after his arivall there in England w" shall be
fornished with such Instructions as this Court shall think needfull." — Mass. Archives, vol. 106,
p. 386.
The above is but an amplification of a vote passed by the House at the previous session, which,
on the nineteenth of Bepteraber, was "argued and debated and left to further consideration" by
the Council. On the twentieth this vote of the needfulness of an agent was " put to the question
in the Council and carried on the negative," and thereupon the representatives moved for a confer-
ence, which was held on the twenty-flrst. The result of this conference was the nonconcurrence
of the Council and the approval of the House as above stated.
* Mass. Archives, vol. 106, p. 385.
452 Province Laws {Resolves etc.). — 1694-5. [Chap. 38.]
" Paid Isaac Addington Esqj secry for fees due to be paid out of the Publick
revenue according to j" act of y Gener'} Assembly for engroseing acts
and ishueing writts for calling of Assemblyes & millitary ComojiJ -V Ord£
of ye Governor & Council 7 29„ - „ - ."
— Mass. Archives, vol. 122, p. 39.
Chap. 38. This chapter is from council records, vol. VI., p. 375. It is preserved in
archives, vol. 58, p. 149.
On the eleventh of June, 1685, Increase Mather was requested by the corporation " to take
special care of the government of the college, and, for that end, to act as president until a
further settlement be orderly made." He continued to hold this office, actually or nom-
inally, for sixteen years. After his return from England, upon the termination of his
office as agent for the province, Harvard College was newly incorporated by the act of
June 27, 1692,* and ho was therein expressly nominated and appointed "the lirst presi-
dent." That act, however, while it exempted the estates of the president and fellows
from all public rates and taxes, " provided they reside and dwell in the cotleg3," made no
provision for a stated salary to the president, nor any other compensation for his services.
In the third session of the same General Court a bill of the following tenor was passed by
the House and sent up to the Council, as the siibjoined memorandum shows : — •
" Be it Enacted by y^ Gouerno'' Councill ^ Rep^sentatives in Generall Court Assembled,
And by ye Authority of y" Same it is Enacted
That there be paid unto y" Re%'erend m"' Increase Mather ffor officiating at y Colledge
this year, out of y Publick Treasury, the summ of one hundred pounds in or as Money.
And it is desired for yo Ifuture that y" Presidents Shall be Resident at y Colledge.
It is further Enacted hj y« Authority afore Said, that y" Annuall Rent of y" Ferry between
Boston & Charlestowne formerly Settled, on ye Said CoUedges, be Continued to be paid to
the Treasurer of Said Colledge ffor Ijehoofe and maintenance of the Resident Fellows,
there according to Determination of y^ Corporation of said Colledge —
Febr : 16 :9| : This bill orderly read in this House of Rep''sentatiues And voted passed
in y|= Affirmatiue & sent to his JExcellency the Gouerno'" and Councill for Consent
William Bond Speaker." — Mass.
Archives, vol. 58, p. 143.
Though this bill wae read in Council on the sixteenth, no further action upon it has
been discovered.
The president and fellows of the college having presented to the General Court a petition
praying that the principal and accrued interest of a sum of money, bestowed on the col-
lege, about fifty years before, by Lady Moulson and others, and lent to the colony, be
ordered to be repaid from the province trcasur}^, no action appears to have been taken
thereon ; but during the same session the House passed the following vote : —
" voted that the President of Harvard Colledge for the time being shall Reside there as
hath bin accustomed in times past
Boston Novbr 29'-'» 1693 voted and passed in y'Affirmatiue and sent vp to his Excell. the
Goucrr & Council for their Consent & Concurrance Nathai- Byfield Speaker
Read in Council Decj 2'i im'i:'\ — lhid., p. 145.
Nothing further appears to have been done in the General Court respecting the affairs
of the college imtil the first session of 1694-5. At that session a petition, dated the first
of June and signed by two fellows of the college, John Leverctt and William Brattle, was
presented, praying that a certain legacy bequeathed in England to the college, and received
and applied to the use of the colony by President Mather while he was aixent, be made
good to the college out of the province treasury. Although the allegations in this petition
were vouched by Mather in a separate paper in which he added his voice to the prayer
of the fellows, no legislative action upon this petition has been discovered.
On the thirty -first of October a vote passed the House, containing a clause granting fifty
pounds to Mather but at the same time expressing a desire that the president should
reside in Cambridge. The Council concurred in only so much of this vote as granted the
fifty pounds. This vote, together with the proceedings relating to it in both branches, is
given below : —
" Voted That the Reverend m"" Increase Mather be thanked for his paines & Labf he
hath taken the Last year at y Colledge in y absence of a setled president there & That
fifty pounds in money be pdto him hy m'' Treasurer of the Province for y same & That
he be Requested to setle there or Els be serviceable as form^ly untill the Corporation or
this Court shall agree w"' some person that they shall call to setle there who will attend
gd Work
octobr. 31o ifi94 past in ye affirmative by the house of Representatives and sent to his
Ex<-y & Councill for Consent Nehemiah Jewet Speaker
Voted, a concurrance in Fifty pounds to be paid unto M"; Mather for his pains and
labour at the Colledge the last year, pro, Novr 1694. ^_^
IsA Addington Secry." — Ibid., p. 149.
The following is the order in Council for the payment of the sum gi-anted : —
" Jan. 3, 1694-5. Whereas the Great and General Court or Assembly at their Sessions
upon adjournment in October last voted : That M^. Increase Mather be paid by Ml Treas-
urer the sum of fifty pounds for his pains and labour at the Colledge the last year.
Pursuant therefore to the Act of the s^ Court made and passed at their Sessions in May
last, Entituled An Act for granting unto their Majt£la a Tax of twelve pence a Poll, and
* Province Laws, 1692-3, chapter 10.
t From the record it does not appear that the above vote received the concurrence of the Council
or the coneeut of the Governor, as President Quincy supposes in his " History of Harvard Univer-
sity," vol. I., pp. 74, 75.
[Notes.] Province Laws {Resolves etc.). — 1694-5. 453
one penny on the pound for Estates, amongst other things applied to the payment of
Grants made and to be made by the said Court.
Ordered. That Mi Treasurer do accordingly pay unto the said ML Increase Mather the
abovcmentioned sum of Fifty pounds. W^ Stouohton." — Exec-
utive Records of the Council, vol. 2, p. 305.
This sum is charged as paid, in the province treasurer's accounts.
Chap. 39. This chapter is from archives, vol. 113, p. 100. It is recorded in council
records, vol. VI., p. 37G.
The petition on which this chapter was founded is as follows : —
" To his Excel;;» SijW™, Phipps KnJJ Govern^, &c. To The IIon^'f Theire Maj'lv Coun-
cill and House of Representatives, Convein'd in Generall Court.
The Humble Address, of sundrie Inhabitants of The Towne of Marblohead, in behalfe
of Them selves, and &'] Towne.
Most humbly Offer
That whereas by the Late Additionall Tax, is unduely Laide on our poore distressed
Towne, The sume of one hundred, Eightie, Three poundes. And Tenn shillings. The
Extreame Povertie of which and disabiltie To paye s^ suine, is very demonstrable to any
That will please to Consider, The smaleness of The whole Tract of Land, The great
Losses sustained in fishery This Last summer, and The Great Number of Polles Imprest
for Theire Maj^f^^ service, and otherwise drawne of in Marchant Voyages; Wee cannot
Rationablie bee Judged proportionable to any of our Neighbours, Esspetially Those wee
derived from; Notwithstandeing which great Tax, wee are farther Threatened, by The
officers of The Impost office, and Required To pa.ye, six pence -P Tunn, for all our fisheing
Open Boates, By Vertue of a Late Act, (for Continuation of Impost and Excise) soe
offten as They goe To sea, which is Euery day, (if The Weather permitt), wliich would
amount To a Vast sume, Euen TO The vtter Distraction of fisheing, which wee humblie
Conceiue is not The Least Manifactorie of This province, and is Diametricall Contrarie To
Tbeire Most Gracious Maj';f^ Will and pleasure, in The Later End of Theire Royall
Charter,
The s<i Open Boates are never built by The Tunn, nor can wee finde any Rule to Tun-
nage open Boates, which with vs are a Considerable part of our Estates, and That indeed
on whicb all The Rest depend, as well for a Livelyhood, as for wherewith To paye such
Taxes, as are Laide on us.
Your Petition's Therefor most humbly praye an abatemj of the s^ additionall Tax and
Exemption from the s^ unreasonWe Tunnage since our Boates are otherwise Rateable,
with other Estates
And your Petition^ shall as in duty bound &c.
Ambros gai.e: sr: Richard Skinner John Lego
WiLLAM ■woods Robart Bartlett Nath'J; Norden
Elies henlet: sr Eleazer Ingolls John Browne
Eadward holman sr John Hooper John Staset
Erasmus James John Merrett Nicholas Anderos." — Mass.
Archives, vol. 113, p. 100.
That this vote, with its preamble, was constructed by the Secretary from the following
vote which was passed by the House on the twenty-fifth of October is probable, since no
change appears to have been made therein by the Council : —
" Voted that the s'J fishing boates are in the Law Included & ought to pay as other
Rateable Estate & noe other way." — Ibid.
Chap. 40. This chapter is from archives, vol. 100, p. 514. It is recorded in council
records, vol. VI., p. 377.
The following is the petition upon which this chapter is founded: —
" To his Ex^y Sr William Phips K'." Cap' General and Governonr in chief in and over
their Maj'^^ Province of the Massachiisetts Bay in New England, the Hon^e Council, and
Representatives in General Court assembled
The Petition of Nathan'J Ware of Wrentham
Humbly sheweth
That your Petitioner being Constable of the s'^ Town of Wrentham in the year 1691.
was at a very considerable charge for the transportation of one hundred seventy six
bushells and a halfe of Grain from the s'} Town of Wrentham to the Treasurers office in
Boston, for which he hath not yet been allowed any thing by the Treasurer, and bj' reason
thereof is uncapable to make up his accompts with the present Treasurer for such sum of
the arrears of lf&,tes as was comitted to him to Collect.
Your Petitioner therefore prays this HonWe Court That he may be allowed the sum of
ten pence in money ]?> bushell for transportation of the sji Corn as afores.d it being the
usual price allowed in like Cases, and that the Treasurer be directed to make up accompts
with him accordingly —
And your Petitioner shall ever pray &c
Archives, vol. 100, p. 514.
Nathanel Wakb." — Mass.
Chap. 41. This chapter is from archives, vol. 100, p. 515. It is recorded in council
records, vol. VI., p. 377.
Chap. 42. This chapter is from council records, vol. VI., p. 377. It is preserved in
archives, vol. 48, p. 231.
This vote was passed by the House March 3, 1693-4. It was " reassumed " this session,
and passed, in concurrence, November 3, 1694. Whether this delay was owing to a claim
on the part of the representatives that it was their privilege to reward then: own officers
454 Province Laws {Resolves etc.). — 1694-5. [Chaps. 43-48.]
without the concurrence of the Council, or was due to some opposition in the Council,
some inadvertence, or other cause, does not appear. The month of May referred to in the
original vote was in 1694 ; but the vote having passed without alteration, in November
of that year, the reference to " May next" is misleading, inasmuch as it seems to mean
May, 169.5.
The following is the order in Council for the payment of the sum allowed in this
chapter : —
" Jan. 3, 1694-5. Whereas the Great and General Court or Assembly at their Session
upon adjournment in October last, voted that Ml Ebenezer Prout be allowed and paid
out of the publick Treasury of this Province the sum of Ten pounds in full for his service
as Clerk of the house of Representatives, he recording the several Votes, Minutes, and
Acts of that House till May next, fair in the Bookes.
Pursuant therefore to the Act Entitiiled an Act for granting unto their Maj'y a Tax of
twelve pence a Poll and one penny on the pound for Estates; amongst other things
applied to the payment of Grants made & to be made by the s^ Court.
Ordered. That M£ Treasurer do accordingly pay unto the said Ebenezer Prout the
abovementioned sum of ten pounds. " W" Stouohton." — Exec-
utive Records of the Council, vol. 2, p. 306.
For a further account of the compensation made to Prout for his services as clerk set
resolves, 1699-1700, chapter 23, and note.
Chap. 43. This chapter is from council records, vol. VI., p. 377. It is preserved in
archives, vol. 70, p. 232.
The following is the petition upon which this chapter is founded : —
" To his Excellency y« Grovernour & Council and y<= honourall Court —
The Petition of William Tomson, Most humbly sheweth
That whereas your Petitioner was prest by Majf Swain, in y" Province of Main to
attend their Majt'es Service in y« Warrs against ye CoiTion enemy and remained twele
months in y' Service under y Comand of Majf Church GeniJ, and Sydrick Walton
Cap.' in which service your poor petition^ was wounded, having his Thigh-Bone miserably
Broke, of which wound he is not yet recovered but is now under ye Chirurgeons hands
in Boston
These are therefore humbly to intreat yoi; Excellency and this Honor'.' Court, that I
may have Consideration for ye loss of my Linb as afores<J and may have some competent
allowance aforded me as to yor Excellency and this Honor'} Court shall seem meet and
yo'' Petitioner shall (as in duty bound) Ever pray for yo"; Excellency &c." — Mass.
Archives, vol. 70, p. 2.32-
As will be seen by the following proceedings, the representatives voted him twenty
pounds, but the Council reduced the grant to ten pounds : —
•' upon Reading the above Petition of W'2l Tomson, voted that there be pd the sum of
twenty Pounds out of the Publick Treasury to M' Tim" Thornton to husband it for s<i
Tomson that he may be c'oathed & his Cure bo effected, past in the affirmative by the
house of Representatives & sent up to his Ex'-y & Council for consent
Nehemiah Jewet speaker
30 9br 1694/ The Council voted their concurrance for Ten pounds to be pd as above.
IsA AuDiNGTON Secry." — Ibid.
The following is the order in Council for the payment of the money thus granted : —
" Jan. 31, 1694-5. Whereas the Great and General Court or Assembly at their Session
upon adjournment in Octo'ier last voted : that ten pounds lie paid out of the publick
Treasury into the hands of Ml Timothy Thornton to be by him imployed to the use of
William Thompson, who was wounded in their Maj"^' service towards cloathing of him
and his cure.
Ordered : That Ml Treasurer, pursuant to the Act Entituled an Act for granting unto
their Majty^ a Tax of twehe pence a Poll, and one penny on the pound for Estates,
amongst other things applied to the payment of Grants made or to be made by s^ Court,
do pav unto the said Timothy Thornton to the use abovementioned, the above sum of Ten
pounds. WM Stoughton." — Ezec-
xitive Records of the Council, vol. 2, p. 311.
Chap. 44. For the appointment of Emmes, see note * * on page 30, ante. The first
concurrent vote for the payment of Emmes that has been discovered is that which consti-
tutes chapter 61, post ; q.v.
The sum ordered to be paid in the present chapter was in full for Emmes's services to the
end of the thii'd session. *
The province treasurer's accounts show that this amount was duly paid.*
Chap. 48. This chapter is from archives, vol. 101, p. 21. It is recorded in council
records, vol. VI.. p. 385.
The order which constitutes this chapter was passed on the following petition : —
" To the Hon"' their Maj'jis Great and Generall Court of the Province of the Massachu-
setts Bay in New England Now sitting in Boston by adjournment March 5"' 1694/5 —
The Petition of David Morgan as Constal)le for Springfield in j" Yeare 1691 For Gath-
ering the Twenty Corne Countrv rates in y' yeare —
Humbly Sheweth That Yo'' Petition'- in the aforesaid yeare, gathered in the greatest part
of the afores'' Twenty corne rates, in corne and housed ye same, and in ord'- to y trans-
portation of y same to Boston, made Seven or Eight Journeys to Hartford, and two more
joumys to Boston (besides this p'-sent one) before he Could Gett fi"reight for its Trans-
• MaBs. Archives, vol. 122, p. 39.
[Notes.] Province Laws {Resolves etc.). — 1G94-5. 455
portalion hither, Soo that tho greatest part of sd come lay Two ycaros, & some of it three
yeai-cs upon his hand licforo it was brought into y" publiclc Treasury of this province,
Qureing w^i' time his Exponces and Labour about its preservacon and Transportation hath
been very great besides tho Loss & wastage upon said corne, w^'' yo' petition'' hatli Sus-
tained alone. That this last Sumui'' Tho p^scnt Treasurer sent up his writt to the sherriff
of o' County for getting in tho Remainder of said Rates in money, abateing one third part
upon y" sd Uornc rate Butt in as much as yc Petition'' had not then wherewithall to answer
y same. The sherritFo seized upon his houseing & Land for satisfaction of y"^ remainder
of sd Rates.
Now Forasmuch as yo' Petition'' is a poore man & hath Spent a groat deale of time and
moneys in y^ premisses he therefore humbly prayes that this High & IIon'''>^ Court will
please to take y" premisses into consideracon, soo as that tho wastage (jf sd Come and his
Exponces in Transporting the same hither may be allowed him, and that ho may have
Liberty to pay in tho remainder of sd rates according as they were ordered him by war-
rant to bo collected viz' in corno and not in mony otherwise yo^ Petition'' will be an
extreamo Sufferer, and that on payment thereof his houseing & Land may be released
from said seizure
And Yc Petition'' as in duty bound Shall ever pray &c
David Morgan." — Mass.
Archives, vol. 101, p. 20-
Accompanying this petition was the following account : —
"David Morgan of Springfield his Accompt of Graine w^'' he Gathered in of the twenty
Country corne rates couiitted to him to collect in and for y year 1691, & by him Since
Transported to Boston — viz-
895 bush 1 peck of pease att 4« F bush £179,, 1„-
306 bush 1 pecli of Indian Corne att 3/ ■P bush £. 45 „ IS . 9
12bush2pecksofwheate — att4/6'iF bush £. 2„16„3
£227-16. -
paid charges of Transportation of y afores^ graine from Springfield to Hart-
ford att two several! Times £ 50 . 10 -
278. 6 -
9.
17.
6
21.
0.
8
20.
14.
10
yc224. bushels Indian is but 208 213. bushi's Indian
ye rest being deducted atHar- 11. ditto
ford 8fy« Corn was sold at 18d
W bush" & 6J bush" pd for 224. at. 2/ 22„. 8„.-
fret & 10/ Storehouse soo yt s'l 81 bushii at 2/ 8"^* . . . 10„ 18„ 6
Morgan has Creddtt for . . 11 .. 3 2 pd lof. bush" for carrage to har-
79. bush", peas sold for wn all ford 10'' pay is 6^^ money . 07 „ 12 „ 6
Charges deducted ye 5 biishii 5. bushi' wheat at 2/ W . . 0„14„.-
wheat being deducted at har- lO'f ^ bushj for carrage in
ford for Storehouse . . 9. 17. 6 money at e-* . . . . 0„ 2. 6
41 „ 15 „ 6
to Ball, wch si Morgan is a
sufferer
41. 15. 6." — Ibid., p. 22.
See, farther, resolves, 1696-7, chapter 29.
Chap. 49. This chapter is from archives, vol. 101, p. 35. It is recorded in council
records, vol. VI., p. 385.
Chap. 51. This chapter is from archives, vol. 101, p. 36. It is recorded in council
records, vol. VI., p. 388.
Chap. 52. This chapter is from council records, vol. VI., p. 390. It is preserved in
archives, vol. 100, p. 460.
The following is Stoughton's petition for reimbursement : —
" To his Ex^y S' William Phips K"' Cap' Genji and Govj in Chief in & over theh:
MajHl' Province of the Massachusetts Bay in New England, the Hon'^'« Council, and Rep-
resentatives now sitting in General Court at Boston
The Petition of William Stoughton Esq""
Humbly Sheweth
That in the time of his late Agency in England mth Mr Peter Bulkley in the service of
the late Governour & Compa of the Massachusetts Bay. he and the s^ Mr Bulkley were
necessitated to tai<eup two hundred pounds sterling of Major Robert Thompson for the
service of j° Countrey. and for the same he and Mf Bulkley became bound jointly and
severally to the sji Thompson, w^^ sum remaining unpaid, upon their return hither the
General Court accepted & allowed their borrowing of the same, and in sometime ordered
the repaym.t of the principal and Interest due. of 'which the one halfe was paid into tho
hands of yb^ Peticonr who accordingly made return thereof to the s^ Major Thompson,
But the other halfe which was paid" to Mf Bulkley Avas never by him returned, so that
after his decease Major Thompson demanded it of your Petitioner, who having no remedy
(the sd Govf & Compp- being dissolved) did pay the same to the value of one hundred
and Forty pounds & upwards all out of his own proper money Save that since the pay-
ment thereof he hath received Twelve pounds from the adminp of Mf Bulkleys Estate,
being insolvent, And if any more can be obtained from the s.d Estate, he is willing to be
accomptable for the same —
4:56 Pkovlnce Laws {Resolves etc.). — 1694-5. [Chaps. 53-55.]
"Wherefore he humbly prayeth That the premisses being considered, this HonWe Court
will please to order him what is remaining due to him as above said, or such considerable
part thereof as they shall think meet —
And your Petitioner as in duty bound shall ever pray &c»." — Mass.
Archives, vol. 100, p. 459.
This petition was read in Council December 9, 1693, and the following order was passed
thereon : —
" Ordered that the Petj be paid out of their Maj^^a Treasury, the Sum of one hundred
pounds towards the s.d Loss, and sent down to the house of Representatives for their
concurrance." — Ibid.
The House concurred in this order on the fifteenth of March, 1694-5, and the same day
passed a new order as follows : —
"Voted and Ordered that the Petitio"" be paid out of Their maj'^^^ Treasury, the sum
of one hundred pounds to wards the sd loss, and sent up Concuring w"» th* hon'' Council
in their form'' vote." — Ibid., p. 460.
In this latter vote the Council immediately concurred, and to it the Lieutenant-Governor
signified his consent. These votes the Secretary combined, adding the preamble, when he
entered this chapter of record.
The following is the order in Council for the payment of this grant : —
" Apr. 18, 1695. Pursuant to a vote of the General Assembly that there be paid unto
the Honbie William Stoughton Esq£ the sum of one hundred pounds out of the publick
Treasury in consideration of one hundred and forty pounds by him advanced of his own
money for moneys in England expended in the time of his Agency for the service of the
late Massachusetts Colony. — And the Act cntituled An Act for granting unto their Maj'y^
a Tax of twelve pence a Poll and one penny on the pound for Estates, passed in May Ses-
sion 1694. Amongst other things applied to the discharging of the publick debts.
Ordered : That M£ Treasurer do pay unto Ml Thof. Cooper on behalfe and for accompt
of the sd AV™ Stoughton Esq^j the abovementioned sura of one hundred pounds.
~ Wii Stoughton." — Exec-
utive Records of the Council, vol. 2, p. 323.
September 16, 1676, Stoughton and Bulkley were appointed by the Governor and General
Court of Massachusetts, "messengers for England to present our defence in reference to
the claims of Mr. Gorges and Mr. Mason." Their commissions, orders, and instructions,
were signed the next month, and they were directed to "take the first opportunity to
embark ... for London." On the fourth of February, 1679-80, they having ]-eturneil
from this mission, the General Court passed the following order: —
"Feb. 4, 1679-80. This Court, hauing ducly considered of the long & faithfull service
of our honnorcd agents, W™ Staughton & Peeter Bulkley, Esqs, who haue binn imployed
in England vpon the affajres of the country, &, through the favour of GoJ, are now
returnd, doe w"" all thankfulnes acknouledge their pajnes & care in & about the same,
and, as a manifestation of our acesptance thereof, doe heereby order and appoint the
Tresurer of the country to pay to each of them one hundred and flusty pounds, in money,
out of the publick treasury, as an addition to what hath binn already granted to them by
this Comt, as a smale retribution for such their seruice, & an expression of our good
affection to them, desiring they will please to accept of the sams ; and this to be vnder-
stood of a personall gratuity, w"'out respect to what hath binn expended in the prosecution
of those matters they haue binn imployed in & about." — Mass. Colony Records, vol. V.,
p. 263.
No vote of the General Com-t in regard to their transactions with Major Thompson has
been discovered.
Chap. 53. This chapter is from council records, vol. VI., p. 390. It has not been
found in the archives.
The allowances made by the Treasurer, from time to time, which were ratified by this
chapter were made under the following general order in Council : —
" Sept. 20, 1694. Pursuant to the Act made and passed I)y the Great and General Court
or Assembly, in the fifth year of their present M ij^i^^ Reign, Entituled an Act for encour-
aging the killing of Wolves, wherein amongst oihet things, it is Enacted: that all sum
and summs of money paid out of any Town Stock for the killing of Wolves, the same
being made to appear, sliall be allowed unto such Town by the General Treasurer of the
Province out of the publick Revenue.
Ordered. That M£ Treasurer do from time_to time allow out of the publick Revenue,
unto the several Tovvn's all such sura and suiHs of money as shall be paid out f)f their
Town Stock respectively for the Idlling of Wolves according to the Rates in said Act set
down, the same being certified under the hand of the Major part of th^ Selectmen of such
Town and Town Treasurer, if any there be. William Pnips." — Exec-
utive Records of the Council, vol. 2, p. 2S3.
These allowances were authorized by the act of 1693, chapter 6; and simultaneously
with the oassage of this chapter, another actf was passed amending the former statute by
prescribing the form of certificate to be given to the Treasurer by the selectmen, etc., — a
precaution which had been omitted.
Chap. 54. This chapter is from council records, vol. VI., p. 390. It has not been
found in the archives.
Chap. 5.5. This chapter is from council records, vol. VI., p. 391, and neither the
original order nor the account therein referred to has been found in the archives,
* Sic.
t Province Laws, 1694-5, chapter 26.
'[Notes.] Province JjAws (Eesolves etc.). — 1694-5.
457
Chap. 56. This chapter ia from council records, vol. VI., p. 391, and archives, vol.
40, p. 313. See resolves, 1G93-4, chapter 8, and note.
On the first of January, 1G94-5, Kay made the following return of prisoners in Boston
jail : —
" The Names of the Prison^s now In my Custody this i> Ja,n'y 1694
Robert Sherwood for Piracy
Hannah Newell — (lately brought forth A Child now w"" her) for Adultery
Susanah Lawrance for fellonye
John Carter for Deserting his Calls
John Woodman for absenting himself from his Mast's service
Shipscott John An Indian Hostage & his Two sons —
Will — an Indian bro' from Dedliam upon Suspition of an Enimy
Keeper of their Majestyf Goal In Boston Caleb Ray." — Mass.
Archives, vol. 40, p. 312.
The following is the account mentioned in this chapter : —
" Province of jf Massachusets
Bay in New-Engld./ss. %
Boston in New England 1693 — .
To the Hon'"'''o William Stoughton Esqp L* Govf & the rest of their Majtjcs Council And
To the honobie Representatives convened in generally Assembly
X Executed —
Executed —
XJuly 25
October 12
X December 30
Executed
1694 July .7
August .4
October .5
XNousmber 5
yi28
December 10
ditto
1694/5 ffeb'y 14
16
Accompt from Caleb Ray (Keeper of their Maj^s
Prison In Boston) his Disbursments from y 2''
of may viz' —
To keeping negro Grace from y 2<^ of May 1693 : to
June ye 8"' ffollowing, whom I Reci of John
Arnold and is 5 weeks 2 days at 2/ ^ F week. .
To keeping Elizabeth Emmerson from y<= 4"> of
may to ditto Sth. of June the time of her Execu-
tion Is 5 weeks at 2/ 6
Robert Sherwood was Committed by Jn2 Foster
Esq"" & Continues still In Prison to this first of
March 1694/5 which makes 83 weeks at 2/ 6<^ P
week
Thomas Jones was Committed & was Cleered by
his Excellency y Gouerno''^ order the 16'^ day of
nouember 1694: makes 57 weeks at 2/ ^ >t^
week
Then Indian Zachary was Committed & Contin-
ued to y« 7'*^ day of June 1694: and was then
Executed makes 23 weeks at 2/ 6
Bartholomew Bergerian frenchman was Com-
mitted and was Cleered y« 5* of September
ffollowing Is 8 weeks 3 days at 2/ 6*^ P" week
To keeping y° 2 Indian Hostages Sheepcot John
and Aissett Committed to Prison by order of
Councill. from this Day to y" 10">. of "December,
then Aissett & Bombazin were ordered by the
Councill to goe to y** Eastward makes 18 weeks
1 day at 2/ 6'' P" week
Then Berth" Bergerian frenchman was again Com-
itted & Cleered by his Excellency's order ye 15*
of nouember Is 5 weeks 6 Days at 2/ 6*' ■& week
William Sims y' Belonged to t« Galley was Com-
mitted by Cap' Mould, and Cleered by said Cap*
Mould y« 17"^ ditto Is 1 weelc 5 days at 2/ Qd. .\pi
week
Bombazin & Sheepcott John his 2 sons were Com-
mitted by a Verball order from y" L' Gouerno'' &
Councill and continued to ye IQth of December Is
13 days Each, y<= s'' Bombazin was sent away .
To keeping Sheepcott John his 2 sons from this
day to ye first of March 1694/5 Is 11 weeks 4
day?, at 2/ 6^ l> week
To keeping Sheepcott John from the 10"'. December
to the 8"' of ffobruary makes 18 weeks 3 days at
2/ ^ ^ week
Then Aissett returned & was Committed by order
of Isa Addington Esqr makes 14 days to ye
first of March' 1694/5 .'
Then Bombazin returned and was Committed by
order makes 12 Days to y« first of march 1694/5
10
13
12
.7
-2
-I
Boston ye first March 1694/5 F Mee Caleb Ray."— Ibid., p. 313.
£33
17
.1
.10
14
.4
13
.17
.1
4
.4
.5
.2
.6
.6
.6
.6
.8
.8
.3
.9
10
458 Peovince Laws (Resolves etc.). — 1694-5. [Chap. 57.]
The difference between the sum claimed and the amount allowed is owing to the strik-
ing out of the items to which an X is prefixed.
It will be seen by the following order in Council that the amount paid by the Treasurer
was according to the record and not according to the original vote : —
" June 18, 1695. Pursuant to a vote of the General Assembly sitting at Boston in
March last, allowing the payment of nineteen pounds one shilling and three pence unto
Caleb Ray keeper of His Majtys Prison in Boston upon his accompt presented of charges
in keeping of the Indian Hostages and other Indian Prisoners &.& to lie paid out of the
publick Treasury. And pursuant to the Act passed at the Session of the GenL Assembly
in May 1694. For granting a Tax of twelve pence a Poll and one penny on the pound for
Estates, amongst other tilings applied to the answering of the contingent charges of this
Government.
Ordered : That Me. Treasurer do pay unto the s^ Caleb Ray, the abovementioned sum
of nineteen pounds one shilling and three pence W^ Stoughton." — Exec-
utive Records of the Comicil, vol. 2, p. 33 7.
By the above it appears that the amount entered by the Secretary was correct, and that
in the original vote the numbers of the shillings and pence were transposed, probably
through inadvertence. •
At the July term of the Inferior Court of Common Pleas for Suffolk, John Arnold,
Ray's predecessor, brought suit ajrainst him for money had and received, in August, 1693,
to the use of Arnold. This was the amount of fees paid Ijy " John Winslow of Boston,
for Mary Watkins and Susannah Davis, for their prison fees," and " due to the plaintiff
when he was keeper," as he alleged. Arnold recovered judgment in this action, for £3
15s. and costs of suit taxed at £2 Os. 6d. Among the papers on file in this case is Arnold's
account for keeping the women above named until May 2, 1693. This, it will be observed,
is the date of the commencement of Ray's account. Hence it is pretty certain that that
was the date of Ai-nold's discharge, as stated in the note to resolves, 1693-4, chapter 8.
Chap. 57. This chapter is from archives, vol. 48, p. 249. It is recorded in council
records, vol. VI., p. 391.
No record of Maxwell's appointment nor copy of his commission has been discovered.
It is clear, however, that he was paid for his service from June 14, 1692,* and that on the
fifth of September, that year, his salary was fixed at the rate of fifteen pounds per annum
by the following order in Council : —
" Sept. 5, 1692. Ordered. That M.I Treasurer pay James Maxwell door keeper and
Messenger, for his atteudance on the Council & the General Assembly the sum of fifteene
pounds V annum. William Puiva." — Exec-
utive Records of the Council, vol. 2, p. 193.
Until the appointment of Henry Emmes as messenger to the representatives,t Maxwell
appears to have been doorkeeper and messenger to l)Dth branches .of the Legislature. In
1693 he addressed the following petition to the whole General Court or Assembly, for an
increase of pay, and for exemption from watchings and trainings : —
"To his Excellency Sj William Phips KnJ the Hou'i^'e council and Representatives
convened in Gen'j Assembly
The Humble P'etion of James Maxwell
humbly sheweth
That yo.r Petitioner hath now bin in your Excellency's & Hon'-s service the space of
one yeare,' for which he hath bin allowed about fifteen pounds, and is yet further willing
to attend said service to his uttermost and hopes it may be to yo'' hon-^s satisfaction but
finding the worke hard, and that it wholely takes him off from his other imploym.t wch
through Gods blessing yeilded him a comfortable maintenances and finding his salary not
sufficient to maintaine liimselfe and family
Doth humbly comend the case to yoj Excellency and Hon" consideration, requesting
that there may be an augmentation of his sallery, for his incouragment to perfor the said
service with chearfuUness & that you would please to adde that further that he may be
dismissed from ordinary traineings and watchings. and your Petitio'' shall as in duty
bound ever pray &.c." — Mass. Archives, vol. 48, p. 220.
The Council appear to have assumed exclusive authority to act on this petition, and
accordingly they passed the following vote doubling his pay : —
" June 14, 1693. Voted by the Council, That James Maxwell Door Keeper, and Mes
senger be hereafter allowed for his Service, and Attendance upon the General Court, and
theCouncil at their Several Meetings the Sum of Thirty Pounds 1> annum
William Phips." — Coun
cil Records, vol. VI., p. 289.
This was one of the grievances complained of by the House that year. See resolves
1693-i, chapter 9.
No executive records of the Council are known to exist between ^une 6 and 26, 1693, and
May 28 and July 5, 1694, in which period would be entered the orders for paying the
messenger for his past services ; but the province treasurer's accounts show that he was
paid fifteen pounds June 6, 1693, thirty pounds for services from June 14, 1693 to June 14,
1694, and fifteen pounds from the last date to January 15, 1694-5. For this last payment
the following is the executive order : —
" Dec. 5, 1694. Pursuant to an Act of the General Assembly : For the reviving and con-
tinuing of the Duties upon Goods, Impost Excise and Tunnage of Shipping, and the Acta
for ciianting of the same, amongst otiier things applied to the defreying of the necessary
and contingent charges in and ahout the support of the Government.
♦ Maes. Archives, vol. 122, pp. 13 and 26.
t Ante, p. 30, note**.
[Notes.] Province Laws (liesolves etc.). — 1694-5> 459
Ordorcd : That Ml Treasurer do pay unto Jaraos Maxwell Door keeper and Messenger
to the Council, the sum of FifLeeno pounds for his service from the Fifteenth day of Juno
past, unto the Fifteenth day of January next. \Vm Stououton." — Excc-
utive Records of the Council, vol. 2, p. 20 7.
For the remaining half of his pay for this year's service the Council made the following
order : —
*♦ July 18, 1695. Pursuant to a vote of the General Assembly at their Session the 27ili of
February last, that James Maxwell Doorkeeper and Messenger be paid out of the Publick
Treasury after the Kate of thirty pounds V annum for his service in attending the Gov-
ernourand Council this year ; and the Act Entituled an Act for granting a Tax upon Polls
and Estates made at the Sessions in May last, amongst other things applied to the support
of the GovernL and answering of the incident and contingent charges in and about the
same.
Ordered. That M£ Treasurer do pay unto the si James Maxwell the sum of fifteen
pounds which (with the like' sum formerly ordered him) do's compleat his allowance and
payment for his yeares service ending the fifteenth day of June past.
WM S>T:ovGnioi^"— Ibid., p. 34G.
This sum is duly charged in the province treasurer's account.
Chap. 58. This chapter is from archives, vol. 48, p. 251. It is recorded in council
records, vol. VI., p. 392.
The allowance to Prout of ten pounds, by chapter 42, ante, was for his services for the
year 1693-4. The present chapter was passed to fix his compensation for this year.
He was succeeded by Henry Dering in 1695, and hence, in the subjoined executive order,
he is called " late clerk," etc. : —
" July 4, 1695. Pursuant to a vote of the General Assembly at the Sessions thereof on
the 27^} of February last, and the late Act for granting a Tax on Polls and Estates,
amongst other things applied to the support of the Government and for answering the
incident and contingent charges in and about the same, and for payment of such Grants
and allowances as have been or shall be made and ordered by the General Assembly.
Ordered : That Ml Treasurer do pay unto Ml Ebenezer Prout late Clerk of the House
of Representatives, the sum of nine pounds fourteen shillings for his service as afores^ dur-
ing the Session and Sessions of the General Assembly in the yeare 1694.
W»L Stoughton." — Exec-
utive Records of the Council, vol. 2, p. 342.
This amount was paid to him, as appears by the province treasurer's accounts.*
The whole number of days on which the House assembled during the former sessions of
iho General Court this year was sixty-seven; but on the fourth of June the Court imme-
diately adjourned as soon as a vote could lie taken, and there were other days in which the
Court sat for only part of the day. The number of days for which Prout was paid was
sixty-four and two-thirds, by which it may be inferred that proportionable deductions
were made for broken days.
Chap. 59. This chapter is from council records, vol. VI., p 392. It is preserved in
archives, vol. 11, p. 90.
The first fast observed after the arrival of the charter was on the twenty-sixth of May,
1692; but the " bill " upon which the proclamation was founded was passed by the Legis-
lature during the inter-charter period; i.e., on the sixth of May. It is recorded as
follows : —
" May 6, 1692. A Bill was drawn up, and passed for a General Fast to be Kept, upon
Thursday the Twenty Sixth of May Currant, and all Servile Labour on Said Day inhib-
ited."— Council Records, vol. VI., p. 217.
This fast is not mentioned by Sewall ; but Hale, in his " Modest Enquiry into the Nature
of Witchcraft," thus alludes to it : —
" Soon after this [the examination of Tituba, March 1, 1691-2] , there were two or three
private Fasts at the Minister's House, one of which was kept by sundry Neighl)our
Ministers, and after this, another in Publick at the Village, and several days afterwards
of publick Humiliation, during these molestations, not only there, but in other Congrega-
tions for them. And one General Fast by Order of the General Court, observed tkrough-
out the Colony to seek the Lord that he would rebuke Satan, and be a lisht unto his
people in this "day of darkness." — Pp. 2.5 and 26. See, also, Hutchinson's Hist. Mass.,
ed. 1767, vol. 2, p. 25.
The only other fast, between May, 1692, and the date of this chapter, was by proclama-
tion issued upon the following order of the Governor and Council without the concurrence
of the representatives : —
" Dec. 20, 1692. An order was drawn up and agreed to for a.publick Fast to be kept in
the several Towns throughout this Province where the Order shall come seasonably to give
notice thereof upon Thursday the twenty ninth of December currant and in such other
Townes where it shall not reach soon enough, upon the Thursday following.
William Phips." — Exec-
utive Records of the Council, vol. 2, p. 211.
Chap. 60. This chapter is from council records, vol. VI., p. 392. It is preserved in
archives, vol. 11, p. 90.
The text of this sermon was Hosea, i. 7. It was printed in sixty pages, 16mo, at Boston,
in 1695, under the title " Man's Extremity, God's Opportunity." There is a copy in the
library of the Massachusetts Historical Society.
* Mass. Archives, vol. 122, p. 63.
460 Province Laws (Resolves etc.). — 1694-5. [Chaps. 61, 62.]
Chap. 61. This chapter is from archives, vol. 48, p. 250. It is recorded in council
records, vol. VI., p. 392. See chapter 44, ante, and note.
The Secretary recorded the vote as follows : —
" March 16, 1694-5. Voted in Concurrance to a Bill from the Representatives, That
Henry Eames messenger of the House, to be paid out of the Public Treasury Thirty
shillings, and four pence for Travailing Fees &c together with three shillings ^i* Diem for
attending the House during this Session."
The whole sum granted and paid is shown iu the following order in Council : —
" April 10, 1695. Pursuant to a vote of the General Assembly passed at their Session
begun the 21*-^ day of February last. That there be paid out of the publick Treasury
unto Henry Eames Messenger of the House of Representatives thirty shillings and four
pence for travailing. Fees &c together with three shillings -P diein for attending the house
during that Session which held for the space of sixteen dayes, that the Court sat, which
allowance is agreable to an Act Entituled : An Act for ascertaining the Fees of the Mes-
senger attending the house of Representatives.
Ordered, That M^i Treasurer do pay unto the said Henry Eames the sum of Three
pounds, eighteen shillings & four pence. Wm Stoughton." — Exec-
utive Records of the Council, vol. 2, p. 320.
Deducting the £1 10s. id., travelling expenses, from the whole payment, leaves £2 8s. ;
which is pay for sixteen days' service at three shillings per day. This is exactly the
number of days, excluding Sundays, of the last, or fourth, session.
The amount was duly paid and is charged in the province treasurer's accounts.*
Chap. 62. This chapter is from archives, vol. 2, p. 229.
On the fifteenth of September, 1694, the French and Indian enemy, who, from the north,
east, and west, bad been committing ravages almost to the gates of Boston, attacked Deer-
field, on their return to Canada by the western route which the treaty of neutrality con-
nived at by Governor Fletcher had left unobstructed for their safe retreat. They were
repulsed by the garrison there under command of Captain Converse.f Attention being
thus again called to the importance of securing this frontier post, Governor Phips, before his
departure for England, applied to the Governor and Council of Connecticut for a detail of
militia to reenforce the garrison there. No reply having been received to this letter, which
appears to have miscarried, Lieutenant-Governor Stoughton renewed this application, as
follows: —
" Boston, Decembr 12th i694
Honrd Srs
You cannot be unsensible of the heavy bm'den lying upon their Maj*'es Subjects of this
Province for the defence thereof and prosecution of the common Enemy ffrench and
Indians, and the largo extent of the Frontiers and out posts within ye same, the securing
of whicli ; besides the necessary assistances afforded unto our neighbours and fellow Sub-
jects of New-Hampshire (who else are in danger of being swallowed up) has contract^ a
vast charge ; and yo^ Selves are sharers in the benefit of the same, by keeping the Enemy
from annoying of yo!l Towns ; especially by maintaining the Post at Deerfield ; which is
no little Security to yoj" Colony. His ExSy. in his Letter unto you some short time before
his departure laid the consideration thereof before you ; moveing to have yo^ assistance in
this common Interest ; But no answer being given to that Letter yt has come to the knowl-
edge of my SeLfe or Council, I do with their advice relrcsh that motion upon you In par-
ticular that you would releive our Garrison at Deerfield, by posting Forty or Fifty fresh
men there sometime in January next at the charge of yo^ Colony, to continue for ye Space
of Six months following if occasion be; yoi; Simpathy, and former readiness to contribute
yo^ help Encourages to hope of yo"; willing Compliance to this reasonable proposal ; desir-
ing yor Speedy Answer thereunto ; heartily Praying for the continuance of yoi; quiet, and
a good Issue of all our troubles in Gods time I am with all due Respects.
Srs yo\ affectionate Friend
and Humble Servant. "W : Stoughton
To the Govr & Council of Connecticot Colony." — Mass. Archives, vol. 2, p. 22G.
Two days later, Stoughton wrote to Colonel Pynchon informing him of the above appli-
cation to Connecticut. No copy of this letter has been found in the archives, Ijut the con-
tents are shown, substantially, in the letter which follows, from Stoughton to Pynchon,
dated Janxiary 12, 1694-5.
In reply to the above appeal to Connecticut the following letter was received containing
the information that that Colony would send thirty-two men for two months : —
"Hartford Janry Z^ 1694./
Honble Sy
Your letter of the 12* of Decemb;^ last past by our Gouf hath been pjsented in Councill
& yor desire of our Assistance to releiuo your Garrison at Deerfield hath been seriously
Considered, & as we have been allwayes ready to do, so still we shall not be wainting
according to our ability to do our duty when we are called to it, but as yet wo haue heard
nothing from our neighbours aljoue. And Sf W'» Phipps lettr you mention we suppose it
miscarryed, yet we iiaue now agreed to lend the Assistance off thirty two men for the
space of two months or till a bout the latter end of March Or when the winter breaks up,
then to call them home, provided there be allowed by you necessary prouission for our
souldiers during the time they shall continue in your prouince and in their March out and
home. Gen'l^ you know your owne burthens and we are not unsencible off our o\vne, the
* Mass. Archives, vol. 122, p. 62.
t In this engagement .John Bernent and Richard Lyman were wouaded. Bee allowance to the
former in resolves, 1695-6, chapter 1.
[Notes.] Pkovince Laws {Resolves etc.). — 1G94-5. 461
good Lord in his owno time send yon & us peace and free ns from onr present perplexities
wi;i> is all at present necdfuU from./
Yof humble Seruts the Govern^ and Councill./ l> theire order
signed' Joun Allyn Secy." — Ibid., p. 227.
On the twelfth of January Stousjhton wrote ai^ain to Pynchon, communicating to him
(he sTihstance of Secretary Allyii's letter of the third of January, as follows : —
" Boston. January 12"! 1694.
In mine of yp 14t]iof December past, I observed to you that I had written to the Govr &
Council of Connecticutt to rcleive the Garrison at Dcerfield, I have now received their
Answer in wcii they Signify that they have agreed to post thirty two men there for some-
time tinder tii'cir pay ; to bo Subsisted at the charge of this Province, I have by this con-
vnyanco written to them to hasten their men thither, if they be not already advanced;
And ui)on their arrival, do Order that you discharge so many of the Souldiers now upon
dnty in that Post, and yt yci"L Cap'io forthwith transmit a List of their names with the
time of each mans Service and" day of discharge, unto the Commission'"'! for the war; with
an acco'.tof what has been advanced to any of them in Cloathing or else; I likewise
Order that you cause effectual provision to be made for the Subsistanco of thT Connecti-
cutt Souldiers, on the best Terms you can for the most Ease to ye publick, so that noth-
ing necessary be wanting; and let it be Signified to the Commission'"^ for the war, how &
in what manner they are provided. In my last I directed you to lay before rao the State
of the Militia belonging to yof Regiment, and to see that ihey be furnished in all respects
according to Law, and to give me a particular acco' how many men are under pay within
yo^ Regiment ; where posted, and how improved ; which I expect to receive by the first
opportiinity and, the continuance of your care and vigilance to be very observant of the
Enemya motion' Yo' Friend & Servant.
W. S.
To Col« John Pynchon." —Ibid., vol. 51, p. 28.
At the same time he wrote to the government of Connecticut in the following terms,
expressing an earnest desire that the men sent by them should be kept in service for a
longer time than promised in Allyn's letter of the third of January : —
" Boston, 12o January 1694/5
Hon''.'* Sry.
I have yo^.s of yl 3<3 currant before me wherein you advise of yoj" agreeing to releive the
Garrison at Deerfield by posting thirty two fresh men there under yof pay ; this Province
bearing the charge of their Stibsistance It was hoped that you would have complyed with
the proposal in mine for a greater number of men, and also to Subsist them being for the
Securing and maintenance of a Post of so great Import to yof Colony ; and far short of
what this Province is necessitated to do for the preservation of their Maj''.<=3 Subjects and
Interests within y« Province of New-PIampshire, besides the Enforcement of our Frontiers
lying without them ; however I thankfully accept the Assistance offered, and hope yof men
will be advanced to the place 'ere this come to hand; if not, desire they may be hastned
and sent w"' all Speed; I wrote to Colo Pynchon at the same time of my last unto
yof Selves, and observed unto him the import thereof; from whome I Expect you have
heard before this ; And have by the inclosed given necessary directions to him concerning
yo"; men ; which I pray may be forwarded w'.'^ all Speed ; haveing no present direct con-
vayance ; I perswaded my Selfe that upon further consideration you will be prevailed with
to continue yof men in this Service for longer time than is intimated in yof^ heartily wish-
ing, if it be Gods good pleasure that all Occasions for such charge both to you & our
Selves may soon be removed ; In the mean time shall contribute, what is within my power
to the affording of mutual succours, resting confident of the like on yof part. I am
Yorbumble Servant.
W. S." — Ibid., vol. 2, p. 227.
Of the receipt of this letter. Secretary Allyn made no acknowledgment and no other
response than is to be found in the letter of March 6, 169i-5, which is printed in the note
to chapter 1, ante. It was this prolonged reticence that induced the General Court to add
its entreaties to the same effect in the letter which constitutes this chapter. The follow-
ing vote, under which the Secretary acted, is preserved in the archives,* and was passed
by the representatives on the sixteenth of March; but there is no record of concurrence by
the Couni^il, which, however, is implied in the fact that the letter was actually written.
" That M"" Secretary write to Conneticot &c in the name of this Court by the direction
of the Leiutnt Gouernor And councell to in treate theire Assistance in the Present Warr."
On the twenty-seventh of March the Lieutenant-Governor received a letter from Colonel
Pynchon informing him that Lieutenant Hollister, the commander of the company of
Connecticut soldiers at Deerfield, had received orders for immediately withdrawing his
force. On the next day Stoughton wrote the following letter to the government of Con-
necticut, reproaching them for their conduct in this affair, and expressing the hope that
they would "see cause to retrieve that unhappy mistake" of withdrawing their forces
from the frontier, which it was the common interest of both governments to defend against
the inroads of the enemy : —
" HonWe Sr.^
By a Letter received yesterday from Coli. Pynchon I was given to understand that
LJ Hollister had received Orders for his drawing off from Deerfield, with the Souldiers
there under him ; Avhich was not a little Surprizing and the more in that I had no notifica-
tion from your Selves of your intentions so to do, thd I have yofs of the G'"" currj in
which you intimate your men were there at yj time, and Signify your willingness to' do
yonr proportion with your Neighb'"'* in such publick charges wherein you are equally con-
• Vol. 70, p. 243.
462 Provence Laws {Resolves etc.). — 1694-5. [Chap. 62.]
cerned ; In mine of yp 12'-'' of January past, I earnestly pressed for the continuance of
them to which you were not so kind as to return me an answer, the General Assembly
also in their Letter of yp 16'.^ of this month Signed by the Secretary, have strenuously
refreshed that motion. 1 may not omit to Observe to you the disrespect therein ofiFered
unto their Maj'jes Governmt "of this Province, and particularly to my Selfe ; besides the
hazard of Exposing a Post of so considerable consequence unto the whole Territoriiy ;* I
might reasonably Expect to have been made acquainted with yop Resolves in that matter
before yoj Orders had been sent for calling home your men that so I might have dis-
patched necessary (Commands for the reinforceing that Garrison at the time of yo'^ draw-
ing off; I would hope when you reflect thereon, you will see cause to retrieve that unhappy
mistake, by a new Supply of men for that Post, And thereby prevent the improvement
■which it's easy to foresee may otherwise be made thereof, by such who seek advantage.
For which I shall studiously Endeavour that no occasion be given on the part of him who
is willing to approve himselfe.
Gent. Yo"" Loveing Friend & Servant
Boston, March. 28o 1695. ' W. S." — Ibid., p. 230.
More than two weeks elapsed after the date of the foregoing letter before Stoughtori
received a reply. It came then from Governor Treat, under date of April 12, 169i5, and is
printed in the note to chapter 1, ante, together with Stoughton's reply thereto dated the
sixth of May.
On the fifteenth of May, Secretary Allyn in the name of the Governor and General
Assembly of Connecticut wrote to the Lieutenant-Governor and Council of Massachusetts
a letter the following extracts from which explain the irregularity in the official corre-
spondence between the two governments, and show what response Connecticut had resolved
to make to the repeated requests of Massachusetts : —
" Hartford May 15^" 1695 :
Hon*^'^ & much respected : Gent".
we receiued a letter from his Excelency & councill bearing date Nouemb^ 9* 1694
respecting our perambulateing the Line betweene your prouince & our colony which was
desired by our Letter : 19 of octobT 94 with some sharp reflections in it w^^ we are desire-
ous to ouerlooke which Letter was about thre moneths in coming to us, another Letter we
Receiued from y Hon'''e Lnt Gou>' beareing date march y" 28'-'' 1695 where Insteed of an
acknowledgment of our kindnes in garisoning at deai-efeild w"' a Ln' & 32: men for y"
space of ten weeks : for caling them home you greatly blame us, because you say we gaue
you no notice thereof, truly Gent^ the reflections in y« s'' Letter we think might well haue
been spared for when upon y motion of coll Pynchon we sent up our men to dearfeild
there to Garrison we tould Him we Intended theire continuance there onely till the winter
broke up or till About y End of march & accordingly when we called them home we gaue
coll Pynchon notice thereof which we Esteemed to be as much as was necessary, your
Honoured seines haueing comitted y care of that Garrison to y honbie Coll Pinchon,
also we receued a Letter'of feb''y ll'i"* 94/5 which we haue perused & flnde therein your
desire of twenty of our men to be shipt one y prouince Galley with prouission sutable for
this sumer to be Imployed for y securing of coesters & other uessels also in his honors
Letter of y : 6':'> of this month he doth reinforce his former motions for y^ guarding of
dearfield & maning the galley with : 20 : men &c All which this court hath considered &
pleas to accept of this our returne ; .... as to your motion of our putting in : 20 : men
in to y prouince gaily we haue candedly considered y same & are alhvayes according as
we are able willing to youse our utmost Endeuotires to preserue his Ma'""^'" interest in these
parts & defend his subiects against all his Ma''^ Enemies : & now we haue agreed & haue
Alredy ordered y' fifteen men with arms compleat be ready Att new london upon y 25^'>
of this month tu be shiped on your prouince gaily with armes & prouission; we not
being capeable to procuer Amunition must Leaue it with youerselses to prouide y' & to be
imployed in crusing betwen nantnckett & blok Island & fishers Island Gent" we pray you
to consider what is herewith presented to you & be pleased to giue us your Answer hereto
by this post & candedly accept thereof which with our best respects to y hon^i'" lef gou'
& y hon'^''^' gentlemen of y^ councill we take Leaue to commend you & all your AfiFayers
to ye guidance & protection of y most high & are your most affectionate freinds & neigh-
bours y goueno'' & Genrall Assemby off theire Ma'""' collony of conecticott :
¥ their order signed John Alltn Secy." — Ibid., p. 232.
To this letter was added the following postscript : —
" Gentlemen we Expect our men shall haue Equall shares with your men in all
priuilidges : man for man."— Ibid.
To this letter Stoughton replied on the twenty-first. The following extract from his
letter relates to the subject of this chapter : —
" Honhle Sra
I just now rec.<i yours of y% 15*> currf In Answer to several Letters both from Sj W'."
Phips before his goeing for England, and from my Sclfo since, his departure, to have
some assistance from yoj Selves against his Majt.ys Enemies, and for the defence of his
Interests in the several Provinces and Colonys within this part of his Dominion ; I am not
sensible that the Governm.' here have been backward to acknowledge what has been
formerly done by yoj Selves in that respect ; nor do I thinke you have any just cause to
take it as any reflection what has been said relating to the last drawing off yo^men from
Deerfield ; which were not posted there upon the motion of Colp Pynchon, but from y*
Govemo.f and certainly you could not thinke it had any decorum in it to draw y'j} off
without Signifying yo; intentions so to do. unto himselfe or other Command; in Chief,
especially wp you were written unto to desire their continuance for some long^ time.
.... the Enforcemt of the Garrison at Deerfield I hope you will take into further con-
sideration ; For your offer of Fifteen men for the Service of the Galley, it seems to ba
• Sic.
[Notes.] Province Laws (^Resolves etc.). — 1694-5. 463
clogfied with such conditions, as yt sho willbo rcndrcd but of little benefit to this Province
by yo.r Limitation of her Station ; I suppose I mi.i^ht liavo been trusted witli the direction
of that, In w I' I should have had special rcsuard unto yoj Selves. And from tho Intel-
ligences I have recciv;! it's probable those places you name may bo Infest'* w'-'' vessells of
a greater force, I have tlierefore assigned one of his Maj'ys ships to that Station, & have
Expectation that a small vessel! will l)e fitted out from Rhode Island to attend her; which
will bo a better kSccurity And if you shall please to imploy those men proposed for the
Gaily with some others to y strengthening of Deertield, it will be kindly accepted by him
who is. In all Sincerity. S^.^
Yc affectionate Friend and serv'-
Boston May 2l8t. 1695 ' W : S : ." — Ibid.
Massachusetts having thus requested that tho services of tho men selected by Connecticut
to man the I'rovince Galley be diverted from that duty to tho defence of Deertield, the
Governor and Council of Connecticut directed Secretary Allyn to write the following
letter giving reasons for declining this request : —
«' Hartford June l^t 1695.
Honourable S""
your letter of the 21 of may we haue receiued & seing our fifteen men we pronided for
your Galley are not so acceptable to you by reason of your other supplyes. wee haue dis-
banded them & ordered their return to their stations & dissposed of those prouissions
that were prouided for them & sent to New london to best advanntage we haue been at
considerable charge in this alfayre but we are sattisfyed with your motions therein & haue
great need of our men for our occasions in the management of our husbandry.
As for your motion of strengthining the Garrison at Dearefeild we hear Col Pynchon
hath prouided & setled a Gari'ison there sufficient at present we look upon c seines upon
the news of Any assault coming upon them in duty Bownd to post up to their releife with
all speed which we acco' as much as may be regularly expected from us we haueing so
manv Towncs of our owne that are as smale as dearfeild that we must care for & prouide
for their defence when danger approacheth them.
Honifje S" we make bold to present to your considerations whither a prohibiting of
Trade with the Indians This time of warr in your upper Townes be not necessary while
the Indians; which are freinds of them & which are enemies can hardly be discerned &
that the last mischeife done at dearfeild was done at such a time & In such a manor
wherin it was a difficulty (as appeared) to discern whither that murther was by by* freinds
or enemies we shall not giue your Honours farther trouble but comend you & your
waighty affaires to the Guidance & blessing of the AUmighty & are your humble
seruants the Governo'' & councill of conecticutt 4^" their order signed
• John Alltn Secref^y." — Ibid., p. 234.
This letter elicited the following caustic rejoinder from Lieutenant-Governor Stoughton.
The passages omitted related to the settlement of the boundary between Massachusetts
and Connecticut : —
"HonMeSrs
Yoi;3 of ye 1^.' curr? is before me, In which you intimate that you have disbanded the
men designed for the Province Galley and dismist them unto their private occasions, and
disposed of the Provisions intended for their Subsistance to advantage. I am not unsen-
sible of ye many advantages providence favours you withal, whils't you may quietly
attend your own occi\sions and Enjoy the benefit of a high market for what is I'aysed
within jo\ Colony, the price of jo\ comodities being Enhanced by the demand of them
here for supporting the War; which yo'' Situation has in a great measure Exempted you
from the charge & direful Effects of, falling so exceeding heavy upon this Province, and
that not onely for the defence of his Majtys Subjects and Interests within the same, but
also of Our neighboiirs who could not else stand ; I may not omit upon all occasions to
observe the same unto You, and am not a little Surprized at your seeming unconcern'd-
ness and witholding yo^ assistance in this common cause, more Especially that Deertield
a post of such consequence for the Security of yor. Colony is so much Slighted by you :
You may perceive by the Publick Letters and Re^rts from England that it is his
maj'ys Commands and just Expectation, that the seulal distinct Colonys and Govern-
m'f within his Territorys here should combine in a joint defence and prosecution of the
War ; And it's Easy to thinke that it would not be of advantage to any that a Represen-
tation be made, there is a denial or backwardness in them to contribute their assistance;
It would also be unpleasing to mo that for the preservation of his Maj'y^ Interests I
should be Enforced to lay the same before his Maj'y. . . . hoping that the Reflection upon
what is herein before observed tmto you ; will oblige you to do that which is not onely
kind and neighbourly but also duty in the pinisses.
I am Gent, Yo^ humble Servant.
Boston. June. 17* 1695. ' W. S.
Govf & Council of Connecticutt." — Ibid., p. 235.
To this rebuke Secretary Allyn, by direction of his superiors, wrote a letter on the third
of July containing the following mild retort : —
" Hartford July Z^- 1695.
Honourable S'
your letters of the n^y of June past we receiued the 26'^ of that moneth which this day
hath bene read In councill & considered, & to let pass your unneighbourly reflections
upon us ... . And as to your motion about Garrisoning of dearfeild col fletcher hath
now sent for our full Quoto of men which we are considering how to rayse, & therefore
we can doe no more at present unless absolute necessity calls for it fi-om us we haue not
• Sic.
464 Province Laws {Resolves etc.). — 1694-5. [Chap. 62.]
to ad but our respects to your Hono5 & our prayers to Gorl to Guide assist & bless you
in all your waighty affayres & that we are your Humble seruants the Governo''
& councill of conecticut \> their order signed P
John Alltn Secref^y." — Ibid., p. 236.
A week later the following letter was written by Secretary Addington to the govern-
ment of Connecticut, in the name of the Governor, Council and Assembly of Massachu-
setts ; but as the General Court stooa adjourned from the twenty-eighth of June to the
fourteenth of August this letter, although proposed by the House,* was prepared in the
vacation, and so the draught of it could not have been regularly approved ; hence it has
not been printed as a separate chapter : —
"Hon We Sp ^^
"We have been made Sensible, That his Excy. Sj W5} Phips our late Governor^ during
the time of his Stay here, and the Hon'^'e our L' Govf since his departure have divers
times made application unto the Govf and Council of yof Colony for assistance in the
defence of his Maj'ys Interests here and a joint prosecution of the War, and something has
been done by yof Selves in that reguard, w<=ti we liindly accept, tht^. apprehend it falls far
short of what might justly have been Expected, and what we should cheerfully have
yielded you in like case, had yof Colony been j° Seat of y" War and attacked on every
side as we have been ; We have for several year's past been forced to grapple wtji y fatigue
and charge of the War by our Selves & are greatly impoverished and distressed therewith,
and unable to carry thrd. unless our Neighbours will atford their assistance in this com-
mon cause. And to that End do renew our application for yoj assistance requesting that
you will nominate and Comissionate some sutable persons fully impowred & Instructed
to meet with those that shall be Comissionate on behalfe of this Governm* to treat of
proper methods for y^ prosecution of y War and to concert and agree of the Quota and
proportion of men & money to be provided by y® several Governm'? for carrying on the
same ; and likewise to adjust and state the accompts of what has been already expended
on that occasion by each Governm* according to what has been accustomed in times past,
and was agreed to by yoj Comissionrs in the year 1689.t hopeing for yof ready comply-
ance to this just & reasonable proposal ; whereto we expect yo; Speedy Answer,
By order of y Honbie the Lt Govr Council and Assembly.
Boston. July : 10'.i> 1695 ' ' ' I: A: Secry." — /6irf.
The correspondence relating to the subject of this chapter appears to have ended here.
* "Recommended to the Ilonble the L' Gov^ and Council. To write Letters from this Gov-
ernmt unto the Governmts of Connecticot and Rhode Island for their assistance in men and money
towards Ihe prosecution of the War, and to send Commissioners to treat them thereabout. . ."
This proposal was made on the twenty-eighth of June. — Mass. Archives, vol. 2, p. 23d.
t The following is the declaration and promise of the commissioners of Connecticut : —
" Wee whose names hereunto Subscribed being Comissionated and Instructed by the Genri
Assembly of the Colony of Conecticutt, to meet the Comissioners from the Colonys of the Mas-
sathusetts and now Plymouth aud with them to inquire into the Lawfullness of the present
warr, between their Majw^' Subjects and the barbarous Indyans in the Eastern part of N : England
and upon Satisfaction given us that the sd war is lawfuU & necessary to be prosecuted on the part
of the English to joyn with and be aiding unto the said Colynys of the Massathusetts and new
Plymouth or other the Subjects of their Majesties in the sd war according to the measure given us
in our said Comission and Instructions, as by the sd Comission and Instructions more fully may
appear.
In pursuance whereof wee having met and treated with the Gentlemen Comissioners to the
same and from the said Colouyes of Massathusetts and new Plymouth at Boston on the 16"> IT'""
18"" 20"" & 21"" dayes of Septemb'' Anno i'W9 upon the occasion aforesaid, and having had a Narra-
tive of the sd warr both as to its rise aud continuance and considered thereof. Wee do declare
hereby, (first) That we are Satisfied and #'swaded that the Indyans in the Eastern part of New
England have committed many cruel and barbarous Murthers upou their Majesties Subjects in
those parts. Led many of them into and hold many of them in Captivity. That they have many
wayes destroyed the Estates of their said Maj'K' Subjects, and still remain in open hostility
ag' them, and y' without any just or Sufficient cause given them by their Maj'Jf^ Subjects espe-
cially since the revolution of the Government in April last that wee can yet come to the knowledge
of. and that notwithstanding the just indeavours used by the GovL& Councill of the Massathusetts
to put a good Issue to the said warrs.
Wherefore we do apprehend that the said warr is on the part of the English Is [sic] a defensfve
warr and Just and LawfuU, and that it is necessary, and the Duty of all their Maj'y"' Subjects in
New England to prosecute the same by all lawfnll wayes, and by force to repell and destroy the
Said Indyans with all their Aiders and Abettors./
Whereas in your consultacons with the other Comissioners, we find such a deversity in the sev-
eral Instructions as they cannot be accomodated each to other at present so as make one rule for
the carrying on and defraying the Charge of the said war (which we hope the sevH Geu'l Assem-
blyes of said Colouyes will with convenient speed enable unto) by all the Colonyes aforesaid.
Yet that we might be aiding too and in the said Warr to the utmost limits of our present Instruc-
tions. As wee have tendered and so again we do tender in behalf of the Colony of Conecticutt,
vnto the Gcnll the Comissiou" of the other Colonyes aforenamed and for these Colonyes and
other their Maj'J«' Subjects in N Engld That from this time the Colony of Conecticutt shall and
will maintain such a part of the army improved in the said warr, as shall be their proportion
according to the Estate of that Colony compared with the Estate of other Colonyes of the Massa-
thusetts and New Plymouth, provide 1 the part of the Colony of Conecticutt exceed not the num-
ber of two hundred Souldiers, and that in want of money they shall pay in in provision in ed
Colony at one third part abated of the price hitherto Currant at Hartforth (which is well known)
to make it equivelent to money. ,
And to prevent all mistakes wee leave herewith a Coppy of our Said In^trucceons as y« which
wee do tender the ^formance of, and that on Condition of the sd Instruccons be complyed with
by the other foremenconed Colonyes as to give our proportion of the protitts of said warr if any
accrue, and y« if any men go on the sd Service out of said Colony, they be under officers thence
appointed &c: and y'. in the need of the sd Colony, they be likewise aided by the other Colonyes
&c according to said Instructions, This being all we find our Selves capable of doing herein, wee
leave it with the other Comissioners — Samvel Mason
Boston Sept: 21"' 1689_ William Pitkin." — J/as*.
Archivet, vol. 35, p. 4.
[Notes.] Pjiovince Laws {Hesolves etc.). — 1G95-6. 465
1695-6.
Chap. 1. This chapter is from archives, vol. 70, p. 248. It is recorded in conndl
records, vol. VI., p. 400.
The following ia the petition upon which this resolve was founded : —
" To yo Hon'''"' Leivt Gov & Council & to y Representatives now Asscmbld
May it Please yo'' Honors to relcivo a Tore" Wounded soldier who is in al respects needy
& wanting supply : Ills Pay for his service being ordered to come fro Enfeild constable
who Pays nothing renders him y" more needy, & cals for yo'' order to iiclp him therein,
but most especially for a due consideration of his wound ho Reed on y" .15'.'' of Sept- last
at Dearefeild w'' besides y" misery & Paine, hath disabled him fro Labor for now neere
eight months & when I shal bo able to get any thing I know not wherefore Pray yo'
compashons & spedy ordering of Just reloife y' I may not stay at Boston where it is too
expensive for him y' hath noe Money, But be at Liberty to returne w"< yo'' Honors favor-
able orders & Due allowance, w^'' wil Thankfully Ingage him ever to serve yo" as he is
able, who is Yo' humble Serv'
Boston June. 5* 1G95 John Bement." — Mass.
Archives, vol. 70, p. 248.
The engagement at Deerfield, in which Bement was wounded, is described in resolves,
1694-5, chapter G2, note.
On the eighteenth of June, 1695, an order passed the Council for paying the money voted
in this chapter,* and the province Treasiirer's accountsf show that it was paid.
Cliap. 4. This chapter is from council records, vol. VI., p. 402, and archives, vol.
62, p. 22.
The following is the petition mentioned in this chapter : —
" To the Honbie William Stoughton Esq' Lieut_, Governor and Commander in chief in
and over his Ma'y? Province of the Massachusetts Bay in New England, the Council &
Representatives convened in General Assembly. June 12'.'» 1695 —
The Petition of William Wallis of London Merchant
Humbly sheweth
That the two ships named the Hope & Bear (whereof your Petitioner is part Owner,
and concerned for ye rest) being designed for the Pro-vince of New Hampshire to fetch
Masts for his Ma'y? service, were ordered by her late Maty the Queen to transport to this
Port of Boston two Foot Companys of souldiers for New Yorke, commanded by Cap'.
Hyde and Capt Weems, and to laud them here In pursuance whereof the sd ships accord-
ingly came to Boston, having no other buisness here, than only to observe her Matys s^
orders, and then forthwith to saile to the Province of New Hampshire aforesaid —
Your Petition', therefore prayes the favour of this Honbie Court. That the s<i ships may
be freed from the Duties of Tunnage and powder money, they coming hither iiuediately
upon his Mats? service and being alwayes exempted from the like Duties in England, upon
consideration that they are imployed in the fetching of Masts &c for his Ma^^ service
And yc Pet^ shall ever pray &c
William Wallis." — Mass.
Archives, vol. 62, p. 22.
The Hope and the Bear were undoubtedly the mast ships mentioned in Stoughton's let-
ter of May 6, 169.5, to the Governor of Connecticut, printed in the note to chapter I of the
resolves of 169-1-5. The Hope, which arrived in Boston on the fourteenth of May, brought
over two companies of grenadiers for the defence of the province of New York, as reported
to Governor Fletcher by Stoughton in his letter of the twentieth, quoted in the note to
chapter 29, post.
Chap. 5. This chapter is from archives, vol. 62, p. 27. It is recorded in council
records, vol. VI., p. 401.
Chap. 8. This chapter is from archives, vol. 101, p. 39. It is recorded in council
records, vol. VI., p. 405.
The following petition, which does not appear to have reached the Council, was presented
at the fourth session of the General Court of 1694-5, and was acted upon by the House
as shown in the vote subjoined thereto : —
" To the Hon'>i" their Majtj^? Great and Generall Court of the Province of the Massa-
chusetts Bay in New England now sitting in Boston by adjournem' March 6'.h 1694/5
The Petition of John Hoite one of the late Constables of Amesbury now a prison' in
Salem Gaol
Humbly Sheweth
That yo'' Petition' is now in Prison und'' an Execution for the Non Satisfaction of the
arreares of the rates comitted to him to Collect whitest he was Constable of Amesbury.
That Your Petition' has Lately mett with great losses, haveing had his house plundered
by the Indians, and has been visited with much sickness through the holy afflicting hand
of god upon him besides Sundry of the persons from whome many of sd arreares be due
are both dead & removed out of y Towne./
Now Forasmuch as yo'' poore petition' by the providence of God is reduced to necessitous
Condition, and wholey uncapacitated, by reason of his confinem' to doe any thing for
himself & family or y paym' of s<^ arreares for y« p'sent. he therefore humbly entreates
the favour of this high & hon'^'s Court to Consider the premisses by being pleased to grant
• Executive Records of the Conncil, vol. 2, p. 337.
t Mass. Archives, vol. 122, p. 63.
466 Peovince Laws {Resolves etc.). — 1695-G. [Chaps. 11, 12.]
nuto him two or three yeares Space for paym* thereof as also for a releasem' from his
Confiuem' And Yc petition'' as in duty bound shall Ever pray &c
John Hoite
Voted upon Reading the Petition ahoves'' that s^ Petitioner is granted his Request pro-
vided he give security to m'' Treasurer to pay s'^ money within two years into the Treasury
march S'."", 1694/5 past in the affirmative hj the house of Representatives & sent up to
the honfable L' Govern'' & Council for consent
Nehemiah Jewet Speaker." — Mass.
Archives, vol. 103, p. 26.
This year Hoyt renewed his application, in the following petition : —
<' To y Honourable L* Govern^ Council & Assembly, of their Majts pro'vince of y« Matta-
thusets Bay in New Engl4
These are humbly to request yo'' hon" favourable regard to me in my low & distressed
estate & condition now confined to y prison at Salem through my default (which I hum-
bly confess & acquitt justice in y' matter & case.) in not gathering Almsburyes proportion
of J" countrey rates committed to me for y' end when I was constable An : Dom : 1690.
Ijeing thus circumstanced. Within two months after those rates were committed to me to
collect yo enemy came upon our town, & did us much damage. They burnt one house of
mine w^'» cost an hundred pound building. And robbed another of mine of all y' was in
it both tools & bedding &c : w"^^'' was of considerable value. And killed four of my cattle.
Being thus Impoverished & considering & by experience finding y' I had not time to
collect y^ rates & provide for my family, standing in need of so much recruite : I
Addi-essed y Councel for rsdress in y* case. They Directed me to ye general Assembly
w"' some words of encouragem' w^' gave me hopes : Imt providence so ordered & disposed
y' I was at y-' time of their session off at sea transporting part of those rates & before I
could get in y Court was broke up & so both my purpose hope & expectation therein
was frastrated : Moreover it pleased God y' about y« same time my wife was taken sick
of y malignant fever at Newbury upon y 15"' of July near unto death & was under y'
distemper detained there untill a month after christmass before she was in any measure
capeable of being conveiglied home. And our people Iieing much disenabled as well as
Indisposed many of y'" by reason of y enemy to pay their rates, I foimd So much diffi-
culty & trout>le, & lost so much time in collecting & endeavouring to collect y rates, as y'
I conchiiled with my self to endeavour (God Assisting) y paym' of y countreys due
some other way : which I hope under Gods blessing upon my endeavours I hope I should
have Accomplished in a little time by gathering & prducing turpentine w"' its apperte-
nances for which I made such considerable preparation would doubtless have efi"ected y
matter under Gods blessing by y end of this season if improved, but by Imprisoning my
person is hitherto prevented. And If I must be detained here I must lose y« l)enefitt of a
thous'J trees already prepared to be sett to running & ten thous'' more provided to be px'e-
pared with assistance this summer.
Moreover I am Ancient & sickly And have a great wenn or bunch behind my shouldier
which is broke & is very noysome to me & frequently distempers my body And I have no
one to dress it & cannot come at it myself : Which w"> other particulars y*^ might have
been mentioned y'' Humble & unworthy petitioner humbly craves may make such impres-
sion into yo>^ Honrs breasts : As that If they may not obtaine some abatem' of s'' rates &
dues to y^ countrey yet they may obtaine your pardon & so much favour from your hon-
ours as to take bond for security for your money And to grant me release from this
Imprisonment & a little Longer time for y paym' of y" mony : for I have no estate
whereby to redeem my self out of prison And my death in prison will be but chargeable
payment to y countrey. thus craving your pardon I subscribe my self y"' Hon^s Humble
petitioner ff"rom Salem-prison :
May: 27: 1695: John Hott." — 76j<^.,
vol. 101, p. 33.
Upon this petition the House, on the eighth of June, passed the following vote, and
ordered that it be sent to the Council for concurrence : —
" Upon Reading John Hoyt late Constable of the Town of Almsbury his Petition
Vote — Liberty unto m^ James Taylor the Present Treasure of this Province to take
Suffitient Security for the Payment of Twenty Pounds to the use of the Province to be
paid in to the Treasury not exceeding one yeares time, and upon talieing Such Bond &
Security to Release the S'J John Hoyt out of Prison
And that the Treasurer be discharged of the Rest." — Ibid., p. 39.
On the fifteenth the Council passed the vote which constitutes this chapter and sent it
to the House, for concurrence. On the seventeenth the House passed it in concurrence.
On the thirteenth of August, 1696, Hoyt was killed, " upon the road" somewhere between
Haverhill and Andover, by the Indians.* See chapter 51, 1696-7, and note.
Chap. 11. This chapter is from archives, vol. 62, p. 28. It is recorded in council
records, vol. VI., p. 407.
Chap. 12. This chapter is from archives, vol. 101, p. 40. It is recorded in council
records, vol. VI., p. 403.
The order in Council for this grant was passed on the twenty-ninth of July, 1695.
Omitting the preamble it ran as follows : —
" Ordered. That Ml Treasurer do pay himselfe the s^ allowance or salary of two hun-
dred and fifty pounds out of the publick Revenue. ~ Wm Stouohton." — ExeC'
utive Records of the Council, vol. 2, p. 335.
The payment of this amount was entered in the fereasurer's accounts.
* Pike's Journal, in Proo. Mass. Hist. Soc, 1875-6, p. 130.
[NoTEM.] Province Laws {Resolves etc.), — 1G95-G. 467
Chap. 13. This chapter is from archives, vol. 48, p. 254. It i3 recorded in council
records, vol. VI., p. 408.
The order in Council for this amount was passed July 4, 1695,* and it was duly paid.
Chap. 14. This chapter is from council records, vol. VI., p. 408. It is preserved in
arcliivos, vol. 58, p. 150.
In tho note to chapter 38 of the resolves of 1694-5, it has been shown that the representa-
tives repeatedly coupled with their votes for granting an allowance to the president of
Harvard Collci^e an cxi)ression of their desire that ho reside at the college. This desire
was again expressed this year in tho following vote of tho representatives, passed upon a
now lietition of the fellows of the college, of which neither the original nor a copy has
been found : —
" In answer to the Petition of the Fellows of the Colledge with respect to the Rev'd M'
Increase Mather for his service at the Colledge the last year in the vacancy of a setled
President.
Voted, that m'' Mather be thanked for his said service, and that m"" Treasurer be ordered
to pay out of the Province Treasury fifty pounds for the same, and that m'' Mather be
d;>sircd to goe and settle at the Colledge, that the Colledge may not be destitute any longer
of a setled President, And that if ho take up with said proposal he shall be allowed
annually ovit of the Treasury one hundred & fifty pounds, and if said m' Mather doe not
satle there y' the Corporation propose some other meet person to the Gen'.' Court who may
b3 treated \vith, to setle there that the Colledge may no longer be destitute of a setled
President.
Voted in the house of Representatiues ; past in the affirmative — Sent up to the
Hou* \^_ Govr and Councill for concurrance and consent, June 15^ 1695 @
William Bond Speaker." — Mass.
Archives, vol. 58, p. 130.
From the vote as it stands recorded in the council records and as it appears in this
chapter, it would seem that the Council did not concur with the representatives either in
the tender of thanks to Mather, or in the suggestions respecting the president's residing
at Camljridge.
The order for the payment of this allowance passed the Council on the eighth of July,t
and the sum stands credited to the province treasurer in his accounts^ covering the period
between May and November, 1695.
Chap. 15. This chapter Is from council records, vol. VI., p. 409. It is preserved in
archives, vol. 113, p. 83.
The particulars of the controversy between Cambridge and Newton down to June, 1694,
respecting the contribution of each towards the maintenance of the great bridge over
Charles River have been narrated in the note to chapter 3 of the resolves of 1694-5.
In the third session of 1694-5, the selectmen of Cambridge presented the following
petition : —
"To his Excellency S"- Will? Phipps Kn'. Cap' Geni.i & Govern'" in Chief of their Maj-
esties Province of y« Massachusetts Bay in New England & to their Majesties Honorable
Council of said Province, The Petition of y" Select Men of Cambridge in y^ behalfe of said
Town Humljly Sheweth
That whereas the Gen'.' Assembly by an Act bearing Date February 1693/4 did Grant
unto the Town of Cambridge the sum of one hundred & fifty pounds in Money for repair-
ing of their great Bridge over Charls River Si Severall persons having advanced Money for
repairing the great Breach made y= last winter in said Bridge, (being encouraged thereto
by the Honor^ie Assemblys Act) do now require their Money, also there being nothing in
the town treasury for reimbursem' of the persons who have already advanced their Muney,
nor for the further reparation of y^' Bridge, «"='' is absolutely necessary, & w;'' with all
speed will be endeavored, if what is Granted, may be procured, yo'' Pet°." Do therefore
humi)ly request yo'' Excellency & the Honor^Je Council, that you would'please to give
order to tho Treasur. for y« paym^ of said money that so the town may be inabled for" the
yierformance of what is required of it, referring to the pi'mises & yo'' Pet"."'' as in duty
Bound shall ever pray &c
Camhrido'e Octob' 18"" 1694 — Walter Hasting
oamoriageuctoD. i«: iby*— Jonath? Remington
Select Men
of Cambridge."
— Mass. Archives,
John Jackson
James Oliver.
col. 113, p. 92.
Possibly, the following report dated June 16th, mthout the year, was made on this peti-
tion : certainly no other action upon it in either branch has been discovered : —
"The Committee appointed to Consider the Petition of y" Select men of Cambrige, &
to prepare an Answer thereto.
Report, that haueing seriously & Duely Consider'd the Circumstances of y Town of
Cambrino and New town (said New town appearing to be Oblidged as well as y° Town of
Cambrige, to bear a part and proportion of y Charge of maintaining the Great Bridge
ouer Charles Riuer. in y° bounds of Cambridge aforesaid) we apprehend that y" Charge
of Erecting & Rebuilding a Bridge ouer s^ Riuer is a Burden too great for s^ 'Towns, of
Cambrige, & Newtown to bear yet y' it is absolutely nessesary for subsistance'of y" Town
of Cambr : and for y« Common use and aduantage, of this Province, Considering "the Pub-
lick use of y" Colledge wet is y Peculiar, both Glory & Blessing of this Prouince, abone
* Executive Recorda of the Council, vol. 2, p. 341.
t Ibid., p. 343.
i Mass. Archives, vol. 122, p. 65.
468 Province Laws {Resolves e^c). — 1095-6. [Chap. 16.]
all bis Maj'ic3 Territoryes in amerrica; That a new Bridge be erected, instead of the ould
Decayed one
and we are humbly of opinion yt since yt bridge was erected by a Generall Contrlimtion,
of y Counties of SufiFolke & Middlesex that for y accomplishment of so good & Benifi-
cvall a worke it is expedient that Breifes do Issue forth from this Court, to the seuerall
Townes within this Prouince, Recommending a worke of so publicke aduantage & Benifitt
to y minnisters of the Respectiue Townes, that they may Read y same to their Congre-
gations at some couenient season and exhort their people to Contribute to so Benificyall
an undertakeing
and that a Committee be appointed by this Court to Receiue the Contributions, that
shall be made & Remitted from the seuerall Townes within y Province & said Committee
ordered to Report what summs they shall Receiue to this Court at y« next sessions, when
effectuall measures shall be taken for the Compleating j" Good worke aforesaid./
June 16* Read Natha^ Byfield in ye name
Read a Second time. ^ behalte of
Read a Third time. In the House ^ Committee
of Representatives and
Voted, and sent up to y L; Governor &
Council for their Consent Penn Townsbnd Speaker." — Ibid.,
vol. 121, p. 79.
The subject was brought up again in the first session of the Legislature of this year,
upon the following joint " remonstrance " by Thomas Danforth of the Council, and Samuel
Chamne of the House, both inhabitants of Cambridge, which remonstrance was approved
by the selectmen of the town, and by their order presented to the General Assembly : —
" A remonstrance of Cambr. Case.
Humbly pi'sented to y^ Honbie W'" Stoughton Esq'' LJ Gov; the Hon^'e Council, & Rep-
resentatives now assembled in Geni} Court.
Sheweth. that under the Excercise of yo old charter Governm' the Inhabitants of
Cambr. village, scittuate on south side of charles River, were first freed from trayneings
at Cambr. & after y' obteyned of y Gen'/ Court freedome from all Town charges & Dutyes,
reserving to the Town only paym' from them towards the upholding ye great Bridge,
over Charles river Deputyes charges, & Gramer schoole, & thus they continued to do neere
25 : years, untill S"" Edm : Andross took y Goverm* the above s^ village upon change of
y GovernmS obteyne fi-eedom from the Town, only to continue towards y-' upholding the
Bridge their proportion one sixth pt & Cambr is ordered to do one third p.' & the
remainder to be done by ye County : & m' Samuel Gookin then sherifi" of ye County is
ordered to maunage yt trust, & accordingly the Bridge is upheld & kept in repayre dureing
Si Edmunds Governmt.
"After ye Revolution of y' Governm' the Inhabitants of y village Peticcon y Gen'| Court,
& obteyn to be called New-town & refuse to do any more towards the repayre of s'^ Bridge
& ye county Tfef he also refuseth paym' of y' p' allotted to the county, pleading yt ye set-
tlm' made by Sj Edmund, had not ye sanction of ye Gen'.' Court: The whole burthen of
upholding tlie Bridge is now revolved on Cambr, when as ye one halfe of ye lands granted
them by ye Genl' Court for the upholding the town affaires is taken from them, & is acted
& done, Cambr hot haueing once notice to speak for y^s ; why so great injustice should be
done unto them :
Never the less Cambr disburss many scoars of pounds for upholding said Bridge, untill
they find themselves unable to stand any longer under so great a burthen, & they then
pet* the Gen'i Court, y' ye village being a p' of those lands granted them by ye Court, &
so their indubitabl right, that they might be ordered to put too their helping hand, liut
canut obtaine releife, the village pleading the Courts grant of a name given them, but shew
not how they came to have a being distinct from Cambr : nor can Cambr obteyn the coppies
of any those Records y' do set forth ye same, but are left remediless, the Bridge ready to
tumble down & thereby will be rendred irreparable, & the church & Town utterly broaken
in peeces & ruined, ,
14. 4. 9ij. The p'misses are humbly pi'sented for consideraccon with humble suplica-
ccon for timely releife, as is in justice & equity due to Cambr :
Samuel Chamnee Representatiue Tho : Danforth.
for Cambr. —
June 18* 1695 —
The Select Men of Cambridge do order that ye within written be presented to the
Honorbi.e Generall Assembly in Behalfe of Said Town ¥ Order of ye Select Men
Samuel Green
Gierke for
Cambridge." — /&J<^.,wZ. 113, p. 83.
The following is the form of the original vote upon this remonstrance, which was recast
by the Secretary in the form in which it appears in this chapter : —
•' Read in the house of Representatiues June 18'^ 1695 Voted That m', Secfy giue notice
to the Select men of the towne of Cambridge, And also to the Select men of the Towne of
New Cambridge that there be Some men of each Towne Respectiuely sent to this Court
at their next session to Answer and say what may be needful! Concerning the within
written Remonstrance —
Sent up to the HonWe LiGou"" & Councill for their concurrance & Consent
William Bond Speaker." — Ibid., p. 84.
Chap. 16. This chapter is from council records, vol. VI., p. 409. It is preserved in
archives, vol. 70, p. 247.
The following is the petition upon which this vote was based : —
[Notes.] Province Laws {Resolves etc.). — 1695-6. 469
" To y« Leiv' Govern^ & Counsel And ReprosontWes Setting in Boston N ; E :
The PetiSffi Sam" Newell of Roxbury
Humbly Showeth —
That whereas, in y» country sei-vice against Cannida he with the company suffered
ship- Wrack and more hardship than well can be Exprest being six weelcs in y desert
feeding some times on llotton wood and some times on such vermin as they could lind,
in which hard ship some perished, and then wo that were alive fell into y« hands of the
heathen whose mercies wo found to be cuelties one of us they killed and others Dyed,
yo": Peticon"" after one year of Indian Slavery got to the french which was some what
better but still slavery and harship was his portion with him : But y" perticular ace" of
his sufferings are to many here to Incert : And now throng y Infinit mercy of God having
been Enabled to go through these sore afflictions and at Length brought home, and
having spent all that Littel his father had Left him to pay his Ransomo lie is now Empty
handed as well as Weak and having been near five year gone hence DotJi humbly pray
yo£. Iloni:! Will take his case into consideration that he may have some Reasonable allow-
ance for the time he hath been in slavery which hath been Occassiond by his Going in
tho country service; so yy will refresh y* spirits of him who hath passed throng severall
(laths that he may with y" more cherefulness bless God, and heartily pray for yoL HonL^
&c." — Mass. Archives, vol. 70, p. 247.
This petition was read twice in tho House on the fifth of June, when tho following vote
was passed thereon by the representatives : —
"Voted y« Samuel Newel y? Petitioner be paid Twenty five Pounds out of the Publick
Treasury includeing his Redemption and what may be due to him as a Souldier./
William Bond Speaker." — Ibid.
This vote was undoubtedly recast in tho form in Avhich it appears in this chapter, by the
Secretary, who also prepared the preamble when he made up his records after the vote had
been concurred in by the Council.
Tho order in Council for the payment to Newell was passed August 8, 1695,* but the
actual payment has not been traced, owing, probably, to tho loss of tho treasurer's
accounts between November 7, 1695, and November 11, 1696.
Chap. 17. This chapter is from archives, vol. 3, p. 379. It is recorded in council
records, vol. VI., p. 410.
The "motion" referred to in this chapter has not been found in the archives. It
would appear to have been either a minute of the Court of Sessions on the finding of the
grand jury, or a suggestion or motion made by Frost, of the Council, or Emerey, of the
House, both of whom were inhabitants of Kittery.
Chap. 18. This chapter is from archives, vol. 62, p. 30. It is recorded in council
records, vol. VI., p. 410.
Some of the kindnesses requited by this chapter are set forth in a letter of acknowledg-
ment and proffer of reciprocation from Lieutenant-Governor Stoughton to Governor
Russell, of which tho following is a copy taken from the rough draught : —
"Sr
I have been given to understand yo"; Excy? particular kindness to tho Masters of
Ships and other Vessells belonging unto this Province trading to yof Island, and
yoj- assigning a Convoy for them unto Salt Tertudos ; which Favour I acknowledge, and
"shall gladly embrace anv opportunity to demonstrate my gratitude for the same wherein I
may be serviceable unto" yo^ Ex^. being ambitious of maintaining a good Correspond-
ence with. all their Maj'if^s" Governors of their respective Plantations, and to contribute what
I may to the Eacouragemf of Trade and comerce betwixt their Maj'i.^s Subjects, more
especially necessary at such a time when their losses are so many & great, and publick
charges heavy upon them.
Sf I have nothing at present to observe of the affayres of this Province worthy
yor Excy? notice, there haveing been a respit for several months past from any annoyance
by' the Indians, and we have had some advantage upon them by Seizing and getting
under our power some of their men of principal acco" with them ; whercl)y possibly we
may oblige them to better Term's than hitherto they have been willing to comply with.
About ten days since was brought hither the Surprizing & sorrowful tidings of the death
of her Majty the Queen by a Ship that came from Oporto, and touched at the Groine and
also at Madera in her way hither, at both w<;i» places the master Says he had the Intelli-
gence there [t] and relates it with such circumstances as causes me to fear that it may be
true; We have for sometime past Expected the arrival of two or more Ships for masts,
and by them to receive more certain Intelligences from England I cannot but sadly
reflect "upon tho Influence such a solemn change will have into the affayres of Europe and
yt at such a juncture when they seem to have a more favourable Aspect than for some-
time past ; wch will highly aggravate tho loss of so illustrious a Sovereign ; whose Ptoyal
Vcrtues & Excell* Endowmts did recommend her to the more Endeared affections of her
Subjects, and will Embalm her memory with y" dutiful acknowledgments thereof to her
perpetual prayse by all true Englishmen ; of which number I shall accompt it my honour
to be reckoned One. I am. Sf
Yor Excys Obliged and very affectionate
Boston. April. 8" 1695. ' Friend & humble Serv'
^ • W. S.
For his Excy. Francis Russell Govf of Barbados." — Mass. Archives, vol. 3, p. 35.
Chap. 19. This chapter is fi-om archives, vol. 70, p. 253. It is recorded in counca
records, vol. VI., p. 411.
* Executive Records of the Council, vol. 2, p. 357.
f Manuscript rnutilated.
470 Province Laws {Resolves etc.). — 1695-6. [Chap. 20.]
The executive records of the coxmcil for April, 1694, are lost ; and hence the form of the
vote of the Council advising the appointment of the commissioners for managing the
affairs of the war can only be inferred from the entry of the action of the Board in
respect to the appointment of the previous commission, which is as follows : —
" April 6, 1693. Ad\ised. That Major Bartholomew Gedney, Major Elisha Hutchinson
and Major John Walley be Commissioners for managing the affaires of the War. And
that his Excellency grant them a Commission and general Instructions to Impower and
direct them in all things relating unto the said management.
Approved William Phips." — Exec-
utive Records of the Council, vol. 2, p. 234.
The commission and instructions above named were read and approved by the Council
on the twelfth of April.*
It will be remembered that the compensation of these commissioners was at first fixed
by the Governor and Council without the cooperation of the representatives, which the
House resented as a breach of privilege.t It will also be remembered that the representa-
tives objected to any payment from the treasury to the commissioners unless to defray
expenses of which the House had been previously advised, and that these objectionable
acts constituted two of the grievances which it was the purpose, in part, of the report of
the joint committee, November 29, 1693,t and the act in addition to the act setting forth
general privileges, (J to redress. The controversy being thus settled, when it became neces-
sary to determine the compensation of the commissioners on the war, appointed for the
year 1694-5, the vote which constitutes this chapter was passed, in concurrence. The
commissioners last appointed were Colonel Bartholomew (xedney of Salem, a member of
the Executive Council, and Mayor John Walley of Bristol. The House, in its vote of
March 3, 1693-4,|| had proposed to the Governor and Council that the commissioners of
war "may not be appointed to reside in Boston, but in the several counties of this prov-
ince," etc. Apparently in compliance with this suggestion Elisha Hutchinson, the only
commissioner of war who resided in Boston, had been dropped ; but still the entire pro-
posal of the House had not been accepted. On the eighth of September, 1694, therefore,
the House passed the following bill to regulate the appointment of these commissioners : —
" Be it Enacted hy the Govw Council § Representative That from hence forth the
CoiHission" of warr be the Cheife Coiiiission officers of Each Company in the severall
Townes who are Req-'' & Impowered to Grant Debentures upon the Treasurer of yo Prov-
ince for all wages Due to souldiers from the time they were Imprest by them untill the
time they are dismist by y® offlcsrs they served undr the s^ sould"" bringing a Note from
such Cap.' how long he served & from y^ Comissary where they served of what they have
taken up" w^'' shall be Deducted by the Treasm-er out of his wages before he makes
paymt to such souldier.
bep' 8* 1694 past in the affirmative by the house of Representatives & sent up to his
Excy & Council for consent. Nehemiah Jewet Speaker." — Mass.
Archives, vol. 70, p. 227.
This bill was sent up for concurrence, but it seems to have proceeded no further.
The following is the order in Council directing the province treasurer to pay to the com-
missioners the allowance granted by tbis chapter, computed to July 6, 1695 : —
" July 4, 1695. Pursuant to a vote of the General Assembly sitting in June last that
Col : Barth2 Gedney and Maj^ John Walley the present Commissioners for War, Ije paid
Fifty pounds each out of the publick Treasury for their last yeares service, which ended
the sixth day of April last, and after the same rate for such further time as the sd Com-
missioners or either of them vhall farther continue to be improved in the said service not
exceeding one year. And pursuant to an Act then made for granting a Tax oh Polls and
Estates, amongst other things applied to the support of the Government and for answer-
ing the incident and contingent charges in & about the same, and for payment of such
grants & allowances as have been or shall be made and ordered by the Geni Assembly.
Ordered : That M^ . Treasurer do pay unto the s^ 001"^. Gedney and Major Walley the
sura of sixty two pounds and ten shillings each for their service as Comraiss'"^ abovesaid
unto the sixth day of July currant. \Vm Stoughtox." — £xec-
utive Records of the Council, vol. 2, p. 341.
An entry in the province treasurer's accounts shows that the allowance was paid
accordingly.!!
Chap. 20. This chapter is from council records, vol. VI., p. 411, and archives, vol.
101, p. 37.
The effect of this chapter was virtually to abrogate the vote of 1694-5, chapter 19, by
acknowledging that all its requirements were complied with, and ordering the discharge
of Phillips" and the return of his bond.
The following is the petition in answer to which the vote constituting this chapter was
passed: —
" To the IlonWe William Stoughton Esq"-
Liev' Governour and Comander in Cheite of his Maj^i^.^ Province of the Massachusetts
Bay in New England with the Ilonrd Council and Representatives of the Same Now
assembled in Generall Court held at Boston June 1695 —
The Petition of John Phillips late Treasurer to the Late Colony of the Massachusetts —
* Executive Records of the Council, vol. 2, p. 236.
t See note to resolves, 1693-4, chapter 9.
i Ibid.
§ Province Laws, 1694-5, chapter 3.
(I Note to resolves 1003-4, chapter 9.
IT Mass. Archives, vol. 122, p. 65.
[Notes.] FROvmcE JjAws (Resolves etc.). — 1695-6. 471
Humbly Sheweth
Tliat Whereas the Grcate and Gcncrall Court or Assem))ly of the afores'i Province begun
and held att Boston the Thirtycth day of may 1694 Passed a vote in these words Follow-
ing That is to say That James Russell Elisha Cooke Samuel Sewall and John ffoster
Esq" with M^ Richard Middlccott Cap" Nathanacl Byfield Majo'' Penn Townsend and M""
James Taylor be and hereby are appoynted and Impowred a committee to Revise the
Accompts of the Treasury of the Late Colony of the Massachusetts, and to Rectify all such
Errors and mistakes as shall appeare therein which were not Taken notice of by the
Former Committees or otherwise ; And upon Adjusting of s'' Accompts to signe and seals
a Discharge to John Phillips EsqL late Treasurer of s'' Colony, Takeing SulHcient Bond
of him to make good whatsoever shall be made appeare to have been received by him or
his order and not accompted For. And whereas the abovenamed Comittee pursuant to
the above recited vote haveing revised and examined the Accompts of the Treasury of the
Late Colony of the Massachusetts dureing the Time that the beforenamed John Phillips
was Treasurer fur sd colony and rectified all Errors and Mistakes as Occurred Unto the
s'' Coinittee, who found that by sd accompts he stood charged with the suine of £rj6993 1,
15' ,1 9i and that he has Discharged himself by payments and allowances made to the
Summe of £47463,; 11%, 8'' in part thereof, and hath Transmitted unto M' Jatnes Taylor
present Treasurer an accompt of £9530,, 4",, 1^ standing out of the Taxes then made and
other the publick Revenue (of which the present Treasurer the last yeare rec' the Greatest
part and hath since been dayly receiveing) with the names of the Severall Townes from
which the Same is due which will make up the full Creditt of his Accompt. And said
Comittee Likewise pm-suant to said Vote upon adjusting of sd Accompts and takeing
bond as directed Gave unto yo'' petition'' a discharge beareing date the IStii of December
1694 whereby he was discharged of and from the abovementioned summe of £56993,, 15«„
9<* by him accompted for, in manner as aforesi^ Saveing notwithstanding the benefitt of
his bond or Obligacon beareing even date with the said dischai-ge of y« summe or penalty
of Two thousand pounds given unto M^ James Taylor present Treasurer of the Province
and bis Successors in that ofBce for the Petition's makeing good and paying into the
Treasurey of s^ Province All and every such summe and suiQes as shall be made appeare
to have been received by or duely paid unto him or his order and not accompted for,
being part of the s'^ Summe of £9530 „ 4 : l<^ retui-ned by him as standing out or otherwise
for w^ii he ought have been Debited in his accompt.
That yo'' petition^ dureing the time of his offlciateing in the ofHce of Treasurer for the
Late Colony of the Massachusetts, (w^'' was for Some yeares together) hired part of an
house in Boston for that Service, as also Imployed M"" Humphry Parson an acomptant to
assist him in said affaii'e. The charge whereof, and for wood & candles &c» was very Con-
siderable, besides the Burthen was very great w^'^ yo' Petition^ then Sustained haveing
hitherto had noe allowance for said Charge nor the assistance of the sd Parsons in the
management of said affaire. Now Forasmuch as yo' Petition" bond lyes out against him
th6 he beleives the Credit of sd accompt to be now nigh (if not fully) Answered Besides
which he hath now in, and oweing to hira from the publick Treasury fRve hundred and
odd Pounds, and notwithstanding he has an order to receive it, Yett he is willing the same
should there lye until a period be putt to the s'' aifaire.
Your Petitioner Therefore Entreates that this high and honi'ble Court will please Either
to give up unto him his bond, or Else that the honrbi^ Leivt Governor and Council may be
Impowred by this hon^" Court to order The present Treasurer M"" James Taylor to deliver
s'J bond up rxnto him in convenient Time. As also That yo"" petitio'' may be allowed such
Sufficient Compensation for the Service of M'' Parson with the allowance of all his Neces-
sary Charges whilest he officiated in the office of a Treasurer to the Late Colony as to yo"'
wisdoms shall seeme meet just & reasonable —
And Yo"" Petition' shall pray &c." — Mass. Archives, vol. 10 J, p. 37.
The vote on this petition was passed in the House on the twenty-first of June and con-
curred in by the Council on the next day. The preamble of the chapter was evidently
prepared by the Secretary when he made up his records.
It will have been noticed that up to the date of the above petition Phillips had not
drawn from the treasury the five hundred pounds allowed him by the vote of 1693, chap-
ter 8. This amount was credited to him in the treasurer's accounts as of February
23, 1694-5.*
In the last section of the tax act passed at the fourth session of the Assembly this year,
a clause was inserted declaring the "approbations and allowances," past and future, by
the General Assembly, of the province treasurer's accounts, " shall be to the treasm-er a
full and final discharge."
Chap. 22. This chapter is from council records, vol. VI., p. 412. It has not been
found in the archives.
Chap. 23. This chapter is from council records, vol. VI., p. 413. It has not been
found in the archives.
Chap. 24. This chapter is from council records, vol. VI., pp. 408 and 413.
This address has not been found either in the archives or in the Public Record Oflace.
Chap. 25. This chapter is from archives, vol. 62, p. 38. It is preserved in council
records, vol. VI., p. 413.
The committee appointed by chapter 5, ante, made a report on the twenty-fourth of
* See chapter 53, post, and note.
472 Province Laws (i^esoZws ete.). — 1695-6. [Chaps. 26-29.]
June. Although this report has not been found, the substance of the recommendation
made therein is probably embodied in this chapter.
Chap. 26. This chapter is from council records, vol. VI., p. 414. It has not been
found in the archives.
Chap. 27. This chapter is from council records, vol. VI., p. 414. It has not been
found in the archives.
Chap. 28. This chapter is from council records, vol. VI., p. 415. It has not been
found in the archives.
Chap. 29. This chapter is from archives, vol. 70, p. 256. It is preserved in council
records, vol. VI., p. 415.
A letter to Governor Fletcher from Queen Mary,* dated at Whitehall, August 21, 1694,
and signed by Sir John Trenchard, principal secretary of state, communicated her royal
pleasui-e that the other English colonies and provinces in North America contribute to the
raising of a force for the defence and security of the province of New York This letter
was intended to replace an order of October 11, 1692, signifying the royal will in regard to
the same object but leaving the adjustment of the quotas of the respective colonies to the
determination of a congress. By this latter order the several quotas, except that of
Connecticut, which had already been fixed by the crown,t — and notice thereof com-
municated,— were apportioned by the crown, as follows: —
" We have further thought fitt to signify Our Will and Pleasure ... to Our severall
Provinces and Colonies of the Massachusetts Bay," etc., ..." that a Quota not exceeding
Eighty men with their Officers, or the Value of the charges of maintaining the same by
our said Province of Pensilvania, three hundred and fifty men of the Militia of our Province
of the Massachusetts Bay, one hundred and sixty men of our Province of Maryland, two
hundred and forty men of Our Colony of Rhode Island and Providence Plantation be the
Measure of assistance to be given by our said Provinces and Colonies respectively for the
defence and Security of our said Province of New-York, Which said Quotas of men or
other assistance, We have required and Commanded the said William Pen, together with
Our Gover"^ or Commander in Cheif of our said Provinces and Colonies respectively tipon
your application to provide and send to be [under] your command and direction for your
assistance in the defence of our said Province of New York." — Documents Relating to
the Colonial History of the State of Neio York, vol. IV., p. 111.
In addition to this force of militia, a detachment of two companies of soldiers from
the regular army besides those already sent to New York had been promised as aux-
iliaries. Late in the spring these companies which were to embark for Boston were
anxiously expected both there and at New York. During the whole of this period
Fletcher and Stoughton maintained a frequent correspondence in relation to the move-
ments of the enemy and the measures to be taken by the English for aggression and
defence. On the thirteenth of May, Fletcher reported that the French and Indians had
lately " shed some Christian blood " on the frontiers, " and carried away one or two pris-
oners," and he expressed the hope that the two companies of regulars had arrived, add-
ing, " I do not question your care in forwarding them hither." On the twentieth, Stoughton
reported that the Hope, one of the mast-ships, arrived on the fourteenth, bringing the two
companies of foot destined for New York, together with despatches from Whitehall. The
latter Stoughton forwarded by the post; and of the former lie wrote " in obedience to her
Majtys Commands I have received on shore and billeted out and made sutable provision
for the Sick men ; And have ordered the takeing up of vessells for theii* transportation
into yc Province, which will be all in readiness within a day or two, if the Newport
arrive as I Expect to take them under her Convoy ; I shall do all yt is possible for their
speedy dispatch."J
To this letter from Stoughton, Fletcher replied on the twenty-seventh, as follows : —
"Sir
I am very thankfull to you for the good news of the arriveall of these forces and for yo""
care of them I shall be just to you in reporting the same to your advantai,'e I hope they
are on their way heither I have received an order to command three hundred & fifty men
from yor Province I shall be very cautious & warry of giving the trouble but in case of
absolute necessity I have intelligence of the 15»» instant from Albany that Count ffronti-
nac is making preparations agairist Albany & Onondaga I pray for the continuation of
Yor correspondence which is very acceptable Our shipping are not so frequent but shall
not be wanting to communicate what oflFers I am Sir
■KT T.T 1 -nT oTth irar: Yo^ humWe servant
N Yorke May 27* ]^ • Ben ffletcher." - Mass.
Archives, vol. 2, p. 403.
Stoughton replied on the tenth of June, but carefully avoided any mention of the quota
of militia which Fletcher expected from Massachusetts. The following is his letter : —
"S'
I have been very SoUicitous to dispatch away the two companys of Souldiers into
yc" Province, who have not been delayed further than was necessary, for the receiving to
send with them the remaining provisions and stores which came out of England and their
I'"'
* Acting monarch while King William was on the continent.
JAtonehandred and twenty men.
Mass. Archives, vol. 2, p. 401.
[Notes.] Frovince Liaws (Resolves etc.). — 1695-6. 473
abiding here has been of very great advantage to refresh them & recover the health of
those yt were Sick, which was no small part of them ; they have been Emljarqucd on Four
seulal vossells three days since and arc awaiting a fair wind to Sayle under y" convoy of
his maj'>» Frigatt the Newport. I have no late fforrcign Intelligence, Several ships are
arrived fi'om Barbados and the West Indies, the fTrench Snow wch was lately taken in
the Bay of Fundy by the Sorlings is still missing, and to bo feared she is cast away, have-
ing very bad weather & no Skilful Pilot on bord. I have again assigned the Sorlings to
that Station, to looke out for a store ship expected from France, which if She happen to
Su)-prize, their Supply s will be cut oflF, and I hope I shall be thereby Enabled to oblige
both y" French and Indians in those parts to fair Terms most of the Indian Sagamores
came lately in to Pemaquid In-ought with thera Eight English Captives which they deliiJd
up have promised to hring in y" rest, and desire that Comissionfa may be sent to meet
them at Pemaciuid, where they say they will agree to what shall be reasonably demanded
of them, and do dis Owne the outrages and mischiefes committed the last year, as not
Engaged or concerned therein, th6. not to be credited over far ; I am perswadcd to thinke,
that the distresses they have been under by Sickness & otherwise and the rcguard tliey
have to their Prisoners here, puts them upon the present application, I am certainly
Informed that since December last they have lost one hundred an^twenty persons or
more by Sickness which continues among them, I shall give yof Excy. an accompt of y«
issue of the meeting with them, and return you thanks for the Intelligence in yo" of the
27^' past. I am Sf
Boston. June. 10* 1695. ' Yor Excys most humble servant.
W. S.
Gov- Fletcher." — Ibid., p. 404.
Fletcher wrote again on the seventeenth of June as follows : —
"Sir
I have received Yo" of the 10* instant I give you my hearty thanks for yo' care of
the forces, & for yo>" intelligence I hope the ship you send to the liay of Fundy will
have good successe against that store ship That the ffrench & Indians of those parts
may be reduced to Yo'' own terms./
I send inclosed a Copy of the latest intelligence I have from the fronteers of this
Province./
The two Companys arrived here yesterday one small sloop with stores not yet come
up I am taking care to dispatch them forthwith to the fTronteers and to gett what forces
I can together to prevent the setling of Cadaracqui by the ffrench I hope You will not
be wanting to expedite your quota assigned by her Matye which I do apply my selfe to
you for, for the withstanding of the enemy who are drawing out all their force they can
spare to possesse themselves of that ffort I shall not be wanting in communicating what
oifers I am Sir
„ ^ _ , T- i7,Ki(?n-*T Yo'' humble servant
[N Yorke June IJ^ 169o*] ^^^ ffletcher." - Ibid.
This is the letter referred to in the preamble to this chapter. Stoughton's reply com-
municating the vote of the Assembly, and which appears to have been dated the first of
July, has not been found ; but it elicited from Fletcher the letter of the twenty-second of
July, which is given, in part, in the note to chapter 38, post.
On the twenty-ninth of May, Fletcher wrote to the Lords of Trade, —
" Just now comes advice from Boston of the arrival of the two Companies of Grandiers
there, I humbly beg your Lordsi'^ the subsistance of the four Companies be punctually
paid and an aiiiiall Supply of Stores sen[t] over, lam obliged to furnish with amuni-
tion the Country Fusiliers upon the Frontiers and the Indians that are dayly sent out in
partyes as well as the Companies upon the establ"" of England."t
In the same letter he communicated intelligence he had received in a despatch from
Albany, that the Governor-General of New France was preparing for a "great designe
against Albany or Onondage ; " that some of the Indian allies of the French had sounded
him to know if he intended to make peace with the Iroquois, and had ascertained that his
professions of that purpose were insincere; and that he was intending " to resettle Cada-
racqui " (now Kingston, Ontario) so as " to be nearer, to annoy the lino Nations " and to
assist his Indian allies. That this intelligence was also transmitted to Boston appears
from the existence in the state archivest: of a contemporaneous copy of the despatch.
For further particulars relating to the quotas required of the several colonies, and the
action of .Massachusetts in response to the orders of the Privy Council concerning the
raising of a force to be commanded by Fletcher, see chapter 38, post.
Chap. 30. This chapter is from council records, vol. VI., p. 416. It is preserved in
archives, vol 40, p. 328.
Ray's first account is given in the note to chapter 56 of the resolves of the year 1694-5.
The following is the account approved in this chapter : —
* Illegible; but thought to be as above.
t Documents Relating to the Colonial History of the State of New York, vol. IV., p. 119.
t Mass. Archives, vol. 2, p. 403.
474
Province Laws {Resolves etc.). — 1695-6. [Chaps. 31,32.]
•• In acco', of what Money is due to Caleb Ray Prison Keeper from severall Fsons as
followeth (viz':)
f John : Carter Committed December y? T'*" 1694 and discharged
June the 3d 1695 which was 25 Weeks and three Dayes at
belongs to J 2s-6<i P Week.—
y* County Which amounts to
To one shirt
To a pair of Stockings
li
3,
// ■
// ■
B d
6„. .
3,,..
belongs to
y« County •
£3„12„ 8
ye Prouince
Charge
except y
3s 4d to y
Crowner
Joseph Hide Committed January ye 7* 1694/5 and Execcuted
May ye 16 1695 being 18 Weeks and Three Dayes which
amounts to „ 2 „ 6 ,
■ Robt Sherwood from March l^t 1694/5 and Dyed May the IV^
being 10 Weelis one day amounting to
To the Coflfin according to oi'der
To the Grave diging & Bell
To my trouble & Charges in his Sickness for dyet suitable
and attendance
To my trouble at his fifunerall : and Expences upon the
Beards
To drink the Crowner had for the Jmy ....
5: 18:
11
(/
.,,06,,
•II ^11
// '
. .
//
■ .
//
•II 3„
. .
•//31,;
4
March yj 1ft
CapJ Bomoseene Prisoner 17 weeks'
Joseph Hostage 17 week
Sheepcott John 2 Sons 17 weeks
from ye 1 march to ye 28'-'' June
£,, 2.
• " 9"
• /; ^1,
4
Totall is
The Province charge of this Acco* tenn Pounds thirteen shillings
5: 18: 11
£10: 16: 4
3: 4
£10: 13: 0
Caleb Rat Prison keeper." — Mass.
Archives, vol. 40, p. 327.
The first two charges of £3 12s. 8d. and £2 6s. M. marked, in the margin, "belongs
to ye County " were expressly disallowed Iiy the House, and the further charge of 3s. id.
for " drink the Crowner had for the Jury " seems to have been also rejected.
The original vote was as follows : —
"The with in written acco'. being Read in the house of Representatiues, — do finds the
two first articles yLin to belong to the County Charge — And that there is Tenn Pounds
thirteen shillings of this Acco'. is this Province charge — Voted and past in the afflrmatiue,
& sent up to the honWe L' Gou'" & Councill for Concurrance & Consent
June 25!i' 1695" ' William Bond Speaker." — /Stc?.,/). 525.
According to his usual practice, the Secretary prepared the preamble and re-formed the
vote when he made up his records.
The Council passed an order for the payment of the above amount, with the additional
allowance granted by chapter 65, post, on the nineteenth of March, 1695-6,* after the pas-
sage of the last-named chapter. The treasurer's accounts between November 7, 1695 and
November 11, 1696, which would contain the entry of this payment, are lost.
Chap. 31. This chapter is from council records, vol. VI., p. 416. It has not been
found in the archives.
Owing to the loss of the treasurer's accounts the record of payment has not been found.
Chap. 32. This chapter is from archives, vol. 62, p. 37. It is recorded in council
records, vol. VI , p. 416.
Welstccd was appointed naval officer of the port of Boston and Charlestown under the
act of June 27, 1692.t
By the act for impost, excise and tonnage of shipping, passed June 24, 1692,t every
ship or vessel of above twelve tons coming into any port of the province to traffic, the
major part of the owners whereof did not belong to this province, was required to pay
twelvepcnce, or one pound of " good and new gunpowder, for each ton such ship or
vessel is in burthen, ... to be received by the treasurer or such other as in the several
ports or places shall be appointed to receive the same."
It appears by the following account that from and after July 4, 1693, the naval officer
of Boston received this tribute : —
* Executive Records of the Council, vol. 2, p. 381.
} Province Laws, 1692-3, chapter 6.
Ibid., chapter 5.
[Notes.] Province Laws {Resolves etc). — 1695-6.
475
Boston in the Province op the Massach^^ Bay
1693/4 Tho Accompt of Powder mony is D' u t 4
fFeb-y f)"" To Cash paid m^ Treasurer 50 „..„..
1C94
July — 18 To Cash paid m' Treasury 25„ 6,, ..
Decemb',25 To Ditto paid— Ditto ' 50 ..,,..
1695
June. 7 To Cash paid m'' Treasurer 25 ,,..„. .
25 To more paid — Ditto . 15 ,, 7 ,, 8
£165^,12,, 8
To my Comission V receiveing £174.7.0 & paying tho sumo
above mentioned at 5 •}(> cj 8 „ 14 „ 4
1693
July
4th
26
Augst l»t
■ 22
23
24
25
28
Septembr 2
8
12
16
Octobr 13
18
Novemb'.24
Decembr 5
26
January 18
20
1694
March 14
16
22
28
29
4
Aprill
May-
June
July —
9
10
9
14
19
29
2
4
7
26
28
3
20
23
Augst 1st
7
8
10
31
Sep'. 20
24
26
F Contra is — Cr
£174,, 7„
By Thomas Bennet
By John Ward .
By John Edwards
Bv Timo : fFrancis
By John West .
By Thomas Morris
By Nicco : Spencer
By Peter Garland
By James Philbricl'
By Edward Collins
By Samuel Kel ly
By Ohristo : Lewrson
By John Stevens .
By Edward Pell .
By Jos : Ball . .
By Thomas Abbott
By Thomas Brooks
By John ffoster .
By Simon Stoakes
V Ketch Endeavour .
Sloop Bonu-ee . .
Pink Samuel & Eliza
Sloop Blessing . .
Ship Society . .
Pink Mary & Hanah
Sloop Goodluck .
Sloop Nonsuch
Brigt Adventure .
Sloop Newport
Ship Hope . . .
Sloop Hunter . .
Sloop Swaii . . .
Ship America Merch'
Ship Kent . . .
Ketch Prosperous
Sloop Two Broi;3 .
Ship Princes Ann
Pink Katherine .
By Christo : Lewrson
By W? Booth .
By Robt Hicks .
By Derriclc Adolph
By Tho. Brooks .
By Robt Carr . .
By Nicco: Garrett
By Ja : Philbrick
By Simon Grover
By Edward Petty
By Richf Christopher
By Samuel Moar
By Tho : Brooks .
By John Bryant .
By Edward Petty
Bv Tho : Young .
By Ja ; Philbrick
By Jn? Hopkins .
By Nath : Parkman
By Simon Grover
By Christo Lewrson
By Joseph Stroud
By Tho : Brooks .
By Wni Booth .
By Tho : Young .
By Edward Petty
By John Christopher
By Timo : ifrancis
By Christo : Lewrson
By Benja Provost
By Benja Norwood
By Andr : Love .
By Jos : Chase .
By Jona : Varry .
By Tho : Purdee .
By Peter Britaine
By Edwd Petty .
By Cartret Gillam
By Christo : Lewrson
By Ja : Whetcomb
By Wf Booth .
By Ed'w^ Milberry
Sloop Hunter . .
Sloop ffreindship .
Brigt freinds Advent^.
Sloop Mill . . .
Sloop Two Brors ,
Sloop Hopewell .
Sloop ffortuno . .
Brigt Adventure
Sloop Prim Rose .
Sloop Discovery .
Sloop Supply . .
Sloop Goodluck .
Sloop Two Bro^s .
Sloop Parham . .
Sloop Discovery .
Sloop Turtle Dove
Brigt Adventf . .
Sloop Blackmore .
Sloop Bettee . .
Sloop Prim Rose .
Sloop Hunter . .
ship Goodfreinds .
Sloop Two Brors .
Sloop Ifreindship .
Sloop Turtle Dove
Sloop Discovery .
Sloop Supply . .
Sloop Morning Starr
Sloop Hunter . .
Sloop Swaii . . .
Bark New York .
Ketch Dove . . .
Brig'. Adventure .
Sloop Releife . .
Sloop Dolphin . .
Sloop Truelove
Sloop Discovery .
Sloop Supply . .
Sloop Hunter . .
Sloop Eliz'! & Ann
Sloop ffreindship .
Ship Seahorse . .
15,/
• • II '
14 „
• • II ■
10 „
^11 •
15 „
' • II •
16 „,
10 „,
16 „,
,^' -
10 „
■9"
^11
15 „
5/,
15 „
16
is
15
16;
15. -
• • // •
' • II •
• • II
15
^11 •
15 „.
"II '
1-, „ ,
• • ,/
10 „.
16,,
V«"'
2"'
11::;
15,,,
fs:::
!?"■
12"'
is"'
2"'
12"'
15 „
16 „
14 „
16.,,
• •// '
476
Province Laws {Resolves etc.). — 1695-6. [Chaps. 34,35.]
1694
F Contra is — Cr
u » d
Octob'
Nov:
Dec"
Jan-'y
flFeb'-y
1694/5
March
Aprill.
May —
June
8
9
18
19
27
3
5
9
17
11
U
18
22
14
27
1«>
13
27
29
2
10
11
23
29
30
4
17
8
25
By Nicco : ffrench
ByBenj? Gillam
By Ja : Philbrick
By Abra : Santfort
By John Moll . .
By Henry Gravenrad
By Jacob Allen .
By Jonas Green .
By Simon Grover
By Tho : Searle .
By Simon Smith .
By John Addams
By Edwi Gi-een .
By Jona : Dows .
By W? Carket .
By Jonas Moates
By Tho:Elbridge
By Thomas Purdey
By Peter Garland
Benja Provost , .
Benja Blasrg . .
By Tho : Prince .
By Edwd Petty .
By Jonas Green .
By Nicco : Cole .
By Henry Gravenrad
By Tho : Youngs .
By Richd Christophe
By Simon Grover
By Steph : Bullock
By Abra : Santfort
By Lucus Keirstead
By Wm Wallis .
Ship Lyon . . .
Ship Prud'. Sarah .
Brig^. Adventure .
Sloop ffrancis . .
Sloop Two freinds
Sloop Seaflower .
Barke Rob'. . . .
Sloop Two Bro';' .
Sloop Prim Rose .
Brig^. Effingham .
Sloop Charles . .
Sloop Hope . . .
Ship Eagle . . .
Ketch Endeavour .
Ship Wf & Mary .
Ship Endeavour .
Ship Nathaniel
Sloop Dolphin . .
Brig', Adventm-e .
Sloop SwaS . . .
Sloop Blessing . .
Brigt. Martha . .
Sloop Discovery .
Sloop Two Brora .
Brig? ffreindship .
Sloop Elizabeth .
Sloop Mary • . .
Sloop Supply • .
Sloop Prim Rose .
Sloop Two Brors Advent'
Sloop Jacob . .
Sloop Rachell . .
Ships Hope & Boare but
^TuiiageP'Ord'-Geni,!
Court ....
10
'it::
,12,,
' • II
• ' ii
15 „
1,/10,
o" ' ' '
a" ' ' '
2,, 10,
.,,12,
.,,18
2"u'
"15
.,,15,
2" 5
"12'
.,,15,
,1a,
"is'
:::l2;
12,, 10,
£174,, 7„.
Errors Excepted June 25* 1695
F WM Welsteed Naval OfBcr "—Afais.
Archives, vol. 62, p. 32.
His commission, five per cent of the footing of the above account, therefore, would be
£8 14s. 4 1/orf.
The last item charged to the province treasurer in this account was a balance of £15 7s.
%d. The account also contains a charge to the treasurer of twenty-five pounds paid June
7th ; and between that date and November there was another similar payment. The treas-
urer gives him sundry credits including one for £G5 7s. ^d. for money received between
the twenty-ninth of May and the first of November, 1695.* So the accounts agree.
Chap. 34. This chapter is from archives, vol. 48, p. 255. It is recorded in council
records, vol. VI., p. 417.
The order for paying this allowance was passed by the Council August 8, 1695,t and
the amount stands credited as a payment in the treasurer's accounts.^
Chap. 35. This chapter is from council records, vol. VI., p. 417. It is preserved in
archives, vol. 101, p. 31.
John Waite appears to have been of Boston. Possibly he was the son of Richard, who,
though for a time in ill-repute on account of his Antinomian proclivities, was a prominent
inhabitant of Boston, a soldier and public officer, being at one time marshal of the colony.
Waite appears to have owned a building convenient for storing grain, and to have derived
an important part of his income therefrom, as rent. His claim for compensation is set
forth in the following petition and account which he presented to the Legislature in the
last session of 1694-5 : —
" To his Excy S"" William Phips Kn* Cap" Gen^u and Governo' in Cheife of their
Maj»i£' Province of the Massachusetts Bay in New England, arid to the hon'>io Genrii
Assembly now Sitting in Boston
The Petition of John Waite in humble manner Sheweth /
That the Late Treasurer John Phillips Esq' Imployed yo^ Petitionf to take up Sundry
IJJcells of graine brought in from the Country and agreed with yor Petition to allow him
the Customary Storeage att one penny t> bushell for the first month, and one halfe penny
P" bushell for the Ensuing months while it lay in my Store.
That upon the said late Treasurex-s Rendring his acco's to this hou'We Assembly he
demanded my acco' of the graine in my hands which accordingly I gave him Coppy
whereof is hereunto annexed.
And Yor PeticSn' is informed that the said Treasurer hath debited the Country with butt
Twenty Seven pounds Eleven shillings W'^ allowed him for all the charges on the said
Graine, w^^ is not one half of what is Justly his due and the accot herewith Exhibited
* Mass. Archives, vol. 122, p. 60.
t Executive Records of the Council, voL 2, p. 358.
X Mass. Archives, vol. 122, p. 63.
[Notes.] Province Laws (^Resolves etc.). — 1095-6.
477
makes, being, the ballanco fifty Six pounds three shillings 8f in which yo"" pooro petitio'
humbly supposes ho hath great wrong don him, and that it was not in the power of the
said Late Treasurer to cutt off soe consitlerable a summe from his accoj nor just consid-
ereing it is and hath been the Custome amongst the Storehouse keepers time out of minde
to be allowed as yo^ Petitionr charges.
And Yc Petition'' being poorc and liaveing Little to depend on but the ffrugall improve-
ment of his store roomo humbly praycs of tills hon''.ie Assembly that they would take the
matter into consideracon, and If they think it proper, to allow him a proportionable
recompense upon y" Ballance of his acco', which will inablo him to pay his publick
charges cheerfully and oblige Yo"" Petition' to pray &c
Archives, vol. J 01, p. 30.
COUNTRET TREASUKEU iS
1G91
Feb. 8.
1692
March 7
1693
Angt.
To Goodili Williams ^ ord' M"" Jos. Parson .
To him ... ....
To measureiug . . ....
To his Negro
To M"^ Jos Parsons pease
To measureing
To Mr Jos Parsons
To Cap" ffayreweather
To measureing
To an Eastward sloope P ord' ....
To Cap" ffaireweather
To Major Phillips
To Mr Jos Parsons & L* W^l? ....
To Porterage
To John Waite
To Lt Williams
To Major Phillips
To Porterage —
To Storehouse roome of 1350 bush one month
att l<i
To Porterage Inward att Qi^ a score
To Storeage of the abovesaid pease for 2 yeares in ya whole
att ^ W bushell ^ month 23 monthes
John Waite.
bush. n
Indian
pease
40i
4.i
pease
pease
3
63i
pease
pease
176
8
pease
pease
pease
pease
.\ ■■"■
2
100
pease
pease
pease
66i
2i
■Mass.
1)1'
5„ 12,
1„ 13,
5.i
9
Nothing Charged for Storehouse for y« 2>^ yeare
64 „ 13,, 3j
72„5„ 2|
1691
June. 26
27
^ Contra Cb
Augt.
Octo.
18
2
9
20
Novr 3
RecJ from on Board Lathrop
Reed from M' Prince .
Reed from him .
Reel more .
Rec^ of him
Reci of John Lathrop
Reed of Thomas Lathrop
Rec'' more .
Rec" of Anthony ffry .
Reci more .
Rec^J more Rye .
Rec^ of Simon Grover
By one Bushel! of Pease to my self —
— more 100 bush Indian .
— more 36 bush Indian .
— more 1 bush Rye .
— more 13| bush Indian .
— more 6 bush pease att 3/2<*
bush
pease 40.J
pease 290
Indian 37
Rye 72
Indian 96
Indian 45
pease 100
Indian 104
pease 200
Indian 150
65
pease 150
M
10
1349i
t i
3„ 12„ -
1« 7,, 6
// '■^11 ~
'.II
Due to Ballance 56 „ 3 ,
£72,, 5„
2
Erro" Excepted ■P John Waite." — Ibid., p. 32.
Upon this showing, on the fifteenth of March, 1694-5, the House voted that Waite be
allowed the sum of thirty pounds, money ;* but this vote does not appear to have been
concurred in by the Council.
The subject was brought up again this year when the following vote was passed by the
House and concurred in" by the Council on the same day : —
<' June 28"} 1695 That John Waite be paid Twelue Pounds out of the Treasury more
then he hath already Reed, and is to be in full for Storeidge of Contry graine that he
formerly Reed & delivered V order of the late Treasurer (m^John Phillips)." — Ibid.,
p. 31.
The order for paying the twelve pounds aforesaid passed the Council August 8, 1695,t
and the treasurer's accounts show that it was paid.f
* Mass. Archives, vol. 101, p. 30.
(Executive Records of the Council, vol. 2, p. 358.
Mass. Archives, vol. 122, p. 63.
478 Province Laws (i?eso?ves eic.). — 1695-6. [Chaps. 36-38.]
Chap. 36. This chapter is from council records, vol. "VI., p. 417, and archives, vol.
40, p. 324.
By order of the Council, solely, Checkley received an allowance of sixty pounds in
November, 1693. This infringement of its privilege the House at first resented but finally
condoned, as shown in the note to chapter 9 of the resolves of 1693-4. Checkley now
applied again, as he had before, by petition to the whole Assembly, for additional com-
pensation,
His petition was as follows : —
" To the Great & Generall Court now Sitting in Boston May 29* 169.5. The Petition of
Anthony Checkley
Humbly Sheweth.
That in the Yeare 1689. 1 was Chosen Atturny Generall to their Mai'J^' King William
& Queen Mary & in that place have Continued to this day being Com'itionated by the
Late Governour S^ William Phipps Knight by& with the Consent of the Council In which
place I have acted with Integrity, according to the best of my Capacity wherein I have
mist it I begg your Pardon, & pray you to Impute it to the discouragements I have
Laboured under, The work hath been very arduous, and very Expencive I have not had
Competant allowance for my Expence & Trouble, I have been a great many Journys to
the Courts of Oyer and Terminor & Courts of assize, at Salem, Ipswitch, and Bristoll,
which have cost a great deale of time & Expence besides the Courts at Boston, Charles-
town, & Cambridge, and have not eat the Kings bread but have born my own expence
about the Kings buissincss for the Space of six years past. I was allowed two years
since Sixty Pounds for which I am thankfuU But my Expcnces mounted to more then
that Sum for that four years, and count nothing for my time & trouble and my Rates was
Required of me besides, I paid nine Pounds for a Rate which was made a Little before
my Houses was burnt; which would not be Remitted notwithstanding my Great Loss
which if it had not been I should not have been precarious at this time I should have been
willing to Serve my King & Country with my Person & Estate without ffees or Sallory
had I not been made Less able by the Providence of God taking away so much of my
Estate by fire, and when I Consider you are the Fathers of the Comon Wealth & that you
are more able to give your Childrien then they to give to you It is some Incouragement to
me to put Up my humble Request to this Ilonoraljle assemlily at this time which is.
That You will please to make me Such allowance as may compensate the Expence and
trouble I have Sustained in his maj^' & the Countrys bussiness since I have acted in that
Station of attorny Generall which will Oblige me gratefully to acknowledge your favor,
and hartily to pray for your Prosperity, and Cherfully to Receive and obey your future
Comands and to be Your tfaithfull humble Servant.
Anthony Checkley." — Mass,
Archives, vol. 40, p. 324.
The vote on this petition was passed by both branches on the same day, and is given,
verbatim, in this chapter, with the addition of a preamble by the Secretary.
The order for paying the allowance passed the Council July 22, 1695,* and, accordingly,
an item of twenty pounds paid to Checkley appears in the treasurer's accounts.f
Chap. 37. This chapter is from archives, vol. 48, p. 256. It is recorded iu council
records, vol. VI., p. 418.
Chap. 38. This chapter is from archives, vol. 70, p. 259. It is recorded in council
records, vol. VI., p. 419.
In Fletcher's letter of July 22, 1695, to which reference has been made in the note to
chapter 29, ante, he cited the queen's directions respecting thequotasj of men and " other
assistance" to be contributed by the neighboring governments for the defence and security
of the province of New York, as shown in the note aforesaid, and added, —
" It will appear by the genuine sense of these words if the circumstances of Yo^ Prov-
ince be such that men cannot be spared the other assistance is expected which I now apply
my selfe to you for by which some part of our heavy burthen may be lightened in the
repairing or rebuilding our Fortificacons on the fFronteers which his Majesty commands
to be built of stone and which if it can be effected will conduce much to a generall
security
I am concerned to finde how litle influence the Royall Commands have over his Maties
subjects in this part of the world and doubt a positive non complyance in New England
may be presidentall to all the rest and so defeat his Matins gracious intentions for the
releife of this Province and security of all
I must discharge my duty in applying to you for that other assistance to which I
desire your answer that I may give an account accordingly
I have sent new orders to prohibite Our Indians from hunting on your ffronteers and
do assure you I shall be alwayes ready personally and with what fforce I can spare to
march where the King service calls as much for the defence of Your Province As for this
which is my particular care I am Sir
Yor humble servant
Ben ffletcher." — Mass.
Archives, vol. 2, p. 405.
* Executive Records of the Council, vol. 2, p. 348.
t Mass. Archives, vol. 122, p. 65.
X The quotas of 1694, as given by the Lords of Trade, in their letter of February 9, 1696-7, to
the Governor and Company of Rhode Island differ materially from the apportionment quoted
from the " Documents Relating to the Colonial History of the State of New York " in the note to
chapter 29, ante. See Rhode Island Colonial Records, vol. m., p. 321.
[Notes.] Pkovince Laws (^Itesolves etc.), — 1695-6. 479
This is tbo letter montioncd in tho preamble to this chapter. Stoughton replied on the
Dweuty-fourth ol' August, as follows : —
"Sf
I defcr'd my answer to yofa of the .22.ond of July past, until after tho sitting of the
General Assemltly, who met tho middle of this month w" I comunicated unto them your
application for otiicr assistance (if inen could not hi', spared) for casing of tho chargo in
repairing or rebuiUling tho IForlifications on the Frontiers of yo"; Province, Tho Assembly
have represented to me tho very low state of tho Treasury, and y>' cxceo<ling difficulty of
raysing sujiplys necessary to answer tho demands there for dofrcying of tho standing and
growing charges of the Province to preserve his majtys Interests within tho same, and
that they cannot afford the assistance desired the people hero groaning under their heavy
and almost insupportable Taxes ; very many being rendrctl utterly nncapable to con-
tribnte towards tho publicic charge, tho Enemy pressing so hard upon them, obliges them
to be constantly upon their Guard; whereby they are taken off their occasions for tho
necessary support of themselves and Familys. I am inoro and more sensible of the difH-
cuU circumstances of Lis Maj'y'* sutjjccts here, and the unavoidable advantages tho Indians
liavo of surprizing them and destroying their Estates, more especially at this season of
tho year when their business lyes in the Field to take care of their harvest; which in
great part in uiany of the Frontiers will be inevitably lost. A party of Indians about a
Fortnight since came over Merrimack River neer unto Bilrica a Town not above fFourteen
or fflfteen miles distant from this place, and sheltring themselves in a great swamp,
watched their opportunity surprized a man at worke in his Field, ki'ld him, and then
made up to his house, which was somewhat remote from the body of the Town but a good
Fortification about it, tho men belonging to it being all abroad the Indians got in, burn'd
the house, ki'ld and carried away nine or Ten women and children, also entred another
house neer by cSc ki'ld a man lying upon his Bed, about the same time another party
appeared at the Fort at Saco, ki'ld one of the Serjeants that was without the Fort not
aljove musquet shot from the Walls, others are discovered sculking about most of the out
Town's ; Yesterday the Indians appeared again at Bilrica, thus are the Town's frequently
alarm'd with them, and others ca'ld out to their Assistance, there is at this time more than
two hundred men that are scouting about y^ Woods for the discovery and repelling of tho
Enemy ; besides some hundreds that are under constant pay We are also Infested with a
French privateer Barque and some shallops, that have within a few days surprized sev-
eral of our Fishing shallops, and yesterday tooke a Fishing Barque high up within this
Bay ; which is an excellent sayling vessell and very roomer, and if fitted as a Privateer
will be likely to do a great deal of damage among the, fflshery and coasting vessells.
his maj'ys two FMgatts sent to y^ Bay of Fundy to cruise for the French man of War
with whome Capi^ Emes lately had an Engagcmf are return^ haveing an acco' yt yo
French ship staid not there above Eleven days, was gone more than a Fortnight before
their coraeing ; being as is supposed designed for a convoy to the Plesentia ffleet.
here is no late Intelligences from Europe, the west Indies or other parts abroad, thA.
ships are daily expected to arrive from England God grant wo may hear of some good
action and success both in y« Army and Fleet. I pray the refreshmf of yoj Excy^ order
to the Albany Indians to give stop to their intercourse of Trade and resort to y Western
Towns of this Province ; who find many inconveniences thereby, and cannot distinguish
betwixt them and the Enemy w'} in ye. woods, or about the Town's ; which occasions their
being often alarm'd, and hinders their pursuit of ys. Enemy, and are not without fear's
that they receive supplys from them I am
Boston Augt 24'h 1695. Your Ex^y^ Humble servt
^- WS." — Ibid., p. 406.
Fletcher having abandoned all expectation of a reenforcement, or supplies of war, from
Massachusetts, which the military situation on her eastern and northern frontiers rendered
impracticable, bent his efforts to procure from her, valuable assistance of another kind.
On the first of September he received an account of certain propositions which had been
made by some influential chiefs of the Mohawk country, to the mayor, recorder, and alder-
men of Albany, as follows : —
" Present Propositions made by tenn principle Sachems of the Mohaq;s
Jn° Abeel Mavor Countrey in the Court house at Albany the 28ti> day of August
Majf Wessells" 1695
Evert Banker Brother Cayenquiragoe*
Jacob Staets We are come to acquaint yo'' Excell with the message directed
Jan Jans [s] 6 Ble[e]ker to us from the upper nations how things goo there we have sent
Albert Ryckman you some of our young men before to have a post ready that our
propositions might be sent to yo'' Excell with all speed./
Brother Cayenquiragoe
The Govemour of Canida hath alwayes desired to speake of peace with the five nations
and that he would come so faiT as Cadai-acqui but now we see it is a false designo for now
we bring a token from the five Nations whereby we acquaint yo^ Excell that it is certaino
that the Governour of Canida hath kindled his fire at Cadaracqui again and is busy to
repair the walls now I speak from Dekanitsore Captain of Onondago who desires the 30
soldiers were promised to him formerly to ly in Garrison at Onondage do give a belt of
wampum 16 deep.
Brother Cayenquiragoe
Our Covenant is so that we have continually concluded to assist one another upon all
Occasions as we have shown this summer it is yo^ Excell direccon that we always should
have our eyes upon Cadaracqui that no body should make any settlement there again now
the Gouernour of Canida hath made his fire and is repairing the walls there now brother
* A name signifying " the great, swift arrow," given to Fletcher by the Indians after his rapid
ascent of the Hudson at the head of three hundred nipn, to repel Frontonac's attack on the castles
of the Mohawks, iu February, 1693. See note to resolves, 1693, chajiter 7.
480 Provence Laws (Resolves etc.). — 1695-6. [Chap. 38.]
Cayenquiragoe give notice to New England and all the brethren that are in covenant with
ns and come up with five hundred men and Cannon and lot us goe hand in hand to see
what the Enemy do at Cadaracqui and we will make our Cannoes ready to assist you in
carying up yo"" artillary over the carying place there is a party of thirty Onondages to
spy and watch the mocon of the enemy the ffrench.;, do give a belt of wampum 15 deep
one halfe for this Government and the other halfe for the Government of New England
whereby they desire his Excel! to give notice to the Gentl of New England that the Onou-
gungoes are gone up with the ffrench to Cadaracqui and now there is a very good oppor-
tunity to do mischeife in their parts by their Indians./
Brother Cayenquiragoe
The message is come to our hands by the upper Nations we do now acquaint yo' Excell
Cayenquiragoe therewith desiring yof Excell to sett it forward & acquaint all the rest of
the brethren in Our covenant to put their hands to it as the Oneydes already have sent
their messengers to the Indians of the southern parts called Rondoges and others that
they must come to their assistance do give a faddom* wampum/
Brother Cayenquiragoe
The letter with the belt of wampum that was brought up this spring by Sadekanatie
and Dekanitsore was shown to us all the five Nations and was well accepted do give
1 faddom of wampum./
We asked them fmtber if there had been any partys of the upper nations out down the
river Cadaracqui they answered there have been 150 in Company bound for Canida but
met with a Company of the Waganhaes and took tenn prisoners the rest escaped so our
Indians returned and burnt nine of them
A true Copy
David Jamison CI Concilij." — Ihid.,
vol. 30, p. 369.
A copy of this account and a belt of wampum were forwarded to Stoughton together
with the following letter : —
" N Yorke septem^ 2'' 1695
Su:
I have received yo" of the 24"> past and am sorry for these reasons are oflfered in
excuse of yo^ Quota of men or other assistance if there is any thing on my part to be
done to serve yo"" Province I hope you will lett me know it /
Yesterday I received the inclosed Propositions from Albany and a belt of wampum
sent to you by the Post I am making what dispatch I can to the ffronteers where I
shall not be wanting in my outmost endeavours for His Matics service the ffort of
Cadaracqui is opposite to the middlemost of the five Nations if the ffrench be able to
maintaine it 'twill prove of dangerous consequence Its distance from Alljany and the
diflBculty of the way makes it almost impossible to march Christian forces theither
Twill be requisite Our Indians have larger encouragement of presents & amunicon than
at other times
If I cannot have men from yo' Province I hope you will consider of some assistance in
money towards the Charges that are required at this jimcture
Sir severall of the new come forces are run some are sheltered in Connecticutt & some
gott to yo"" Province I desire you would issue yo"" ord'' or Proclamacon for the taking
them np that they b3 sent back
I have renewed my order to the Indians not to goe neere the bounds of your Province
it is seldome they are all at home together so takes some time before they can have all
notice I shall have an opportunity when at Albany of speaking to some of them my
selfe I am Sir
Yo' humble servant
Ben ffletcher
N England." — Ibid., p. 371.
The action upon this communication is shown in the following transcript of the exec-
utive records of the counoil : —
" Sept. 18, 1695. Upon reading a letter from His Excellency Benjn Fletcher Gov^ of
the Province of New Yorke of the 2^ currt (with a copy of propositiolis lately made~by
some of the Principal Sachems of the Maqua's Countrey, and a Belt of Wampamby them
presented unto his Majtys Government of this Province) informing that the French of
Canada were ab^ to rebuilt the Fort and settle a Garrison at Cadaracqui, proposing that
the several Governments would raise a Force to joyne with the Five Nations to oppose
the French and prevent the settlement at Cadaracqui, Govr Fletcher intimating in his
Letter that it would be very difficult to march Christian Forces thither, and therefore
larger presents would be needful at this time to encourage the Indians.
Advised and Ordered : That there be a present made to the s± Indians to the value of
fifty pounds on the part of this Govern! in such things and manner as Gov Fletcher shall
direct. Wm Stoughton." — Vol. 2, p. 363.
On the twenty-first, Stoughton wrote to Fletcher informing him of this vote of the Coancil.
From this letter the following extracts are all that relate to the subject of this chapter : —
«Sr
I have rec4 yours of yf 2^ instant with the inclosed Propositions made by some of the
principal Sachems of the Maquas Country and Belt of Wampam present^ by them. I
am very sensible of the ill consequences that will attend the rosetlement of a ffrench Gar-
rison at Cadaracqui, and shall very much rcjoyce if by any meanes it may be prevented ;
yoj Ex5^. intimates the great difficulty, if not impossibility of marching Christian Forces
thither. And that it will be necessary the Indians have the larger presents The Council
have ordered Fifty pounds, which will be remitted by the next Post_ to be presented unto
the Indians on the part of this GovemmJ according as yoj Excy. shall direct for the
• Sic: fathom.
[Notes.] Province Laws {Resolves etc.). — 1695-6. 481
brightning of the covenant chain and Encouraging them to disrest and prosecute the
Enemy, and desire tliat it may bo observed unto them, the kind acceptance of their Beit
and their Intelligence concerning the Oncngungo's
Sf I have issued forth a Proclamation relating to the Sonldiers, run away from their
Posts of the Frontiers within yof Province, forbiding all persons to harbour Foster retain
or conceal any of them, and Comanding that they be taken & secured in order to their
being returned
I give you thankes for the renewall of yoj Order & care taken to prevent yoE Indiana
comeing neer the bounds of this Province." — Mass. Archives, vol. 30, p. 373.
The following is a copy of Stoughton's letter transmitting the fifty pounds which in
his last letter he promised would " be remitted by the next post : " —
"Boston Sepr M«:* 1695.
sr
According to what I wrote yof Excy ; P" the last post the 2P.'> currant, I have by this
caused to be remitted the fflfty pounds, which I intimated in my former, as a present for
the Indians on the part of this Governm' hopeing that Connecticut and the other Gov-
ernm'a will do what is proper therein on their part, for Encouragemt to the Maquas &c? to
disrest and prosecute the Enemy, and prevent their makeing any neerer Settlements; the
money is remitted from hence by Capiie Andrew Belcher, linto the hand of mr V. Cort-
land to be at yof Excy? direction, to Serve the occasion aboves^ Several Vessells are
lately arrived here from the West Indies, bring nothmg of news other than the takeing of
Petit Guavas : nothing has occurred here since my last worthy yo' Excyj remarke.
I am. Sr
yo.r Excyf humble Servunt." — Ibid., p. 375.
Chap. 39. This chapter is from archives, vol. 48, p. 257. It is recorded in council
records, vol. VI., p. 420. See resolves, 1694-5, chapter 36, and note.
Chap. 40. This chapter is from council records, vol. VI., p. 420. It is preserved in
archives, vol. 40, p. 329.
The following is the order in Council, passed November 29, 1695, for the payment of the
sums allowed by this chapter : —
"Ordered: That M' Treasurer do pay unto Thomas Danforth Wait Winthrop and
Samuel Sewall Esqi^ Justices of the Superiour Court of Judicature and Court of Assize
&cithe sum of forty pounds each for their last years service.
Wm Stoughton." — Exec-
utive Records of the Council, vol. 2, p. 370.
This payment has not been found in the treasurer's accounts, owing, doubtless, to the
hiatus in the record between November 7, 1695 and November 11, 1696.
Chap. 43. This chapter is from council records, vol. VI., p. 424. It is preserved in
archives, vol. 113, p. 124.
The following is the petition upon which this chapter is based : —
" To the Honoured Lev* Govern^ Councill, and Representatives assembled Aug 14. 1695
The humble Petition of James Emery Representative for ye Town of Kittery :
Humbly bsggeth this Honoured Court to take into their Serious Consideration the pres-
ent deplorable Conditions of those Towns of their Goverment which do lye on ye N3ast Side
of Piscataqua River Namely Kittery, York, and Wells who have a long time been, and
still are under great Suffering by reason the present wasting Warr; and being brought
very low thereby are incapacitated for the discharge of such publique Duty that hath been
Imposed upon us.
Wee are not unsensible that tis a Time wherein Taxes lye heavy on our Brethren In
other places, and therfore An hard time to begg In, Also wee know that many Towns are
Exposed to Danger, Yet there are no Towns in the Province that do fast so "deeply of ye
Cupp As Wells, York, Barwick alias Newitchawannick, who have our Hands much taken
from our Labours by watching. Warding, Frequent Alarms, many of us are driven from
our Homes, much of our stock is killed by y« Heathen : many of our able men removed
from us, And many thinking of moveing if they knew whither to goe. Haveing many
poor widdows Among us. And publique charge growing on us by Several Poor in our own
Towns, likewise wee are often necessitated to Releive the Souldiers, And wee daily grow
more & more feeble and deplorable : daily walking and working with fear, Trembling &
Jeopardy of life, Needing rather to have somthing given to support us, than to have any
thing taken from us /
Wee humbly crave Therfore the honoured Court wold consider us And give us Ease
by omitting to Impose any Rates upon us till such time Providence shall "inable us, to
duty in that matter ; Also wee begg That the Honoured Court wold Shew the Sam3 fath-
erly Compassion to the Upper part of Kittery commonly called Newitchawannick as thiy
have done to our Neighbours of York and Wells, brought very low, and labouring under
ye Same Need for to Support ye Ministry In that poor place. That so they may not turn
heathen but that the Poor may have the Gospel preached among them
which will heartily oblidge Your humble Supplicants
James Emert
In the behalf
of the rest." — Mass. Archives, vol. 113, p. 124.
This petition was read a first time, in the House, on the twenty-first of November, and
on the twenty-third it was read a second time, and thereupon the following vote was passed
and sent up for concurrence : —
" In answ to s'' petition
Voted, yt ten pounds be allowed for this year If it appear they be supplyed with such
a minister." — Ibid.
This vote the Secretaiy entered in his records in the form in which it appears in this chapter.
482 Province Laws {Resolves etc.). — 1695-6. [Chaps. 44,46.]
Chap. 44. This chapter is from council records, vol. VI., p. 425. It is preserved In
archives, vol. 1, p. 47.
The following is the petition upon which this chapter is based: —
" To j'« Right Hono^bio w"™ Stoughton Esq"- Lt Govern'- & To y« Hono™"''" Counsell w">
J" Rep''sentatives Convened in y Great & Gen" Co'te in Boston Nov 20'^ 1695
Sam" Partrigg Hnmbly Prayeth this Co'te to take into y'f Consideration That was
Sever" persons in y" Town of Derefeild Killed Severall Wolves to j" Number of Elven
^cb gd Town answered & Satisfyed for according to law & attended y direction of y law
in y" day of it as ¥ y" CertifHcatss annexed may appeare Aplication hath beene formerly
made to y^ Honoffi Treas'' of this Province for to pay sayd Sum of Elven pounds w^'' he
then refused (though plaine law for it) except he had it under y<= Gov & Counsells hand
so to do & now refuses except j" new additionall law, be attended, w '' is not now attaine-
able as to these Wolves, yet nevertheless it being a due debt as Assigned intreate a few
words of ordr from yo''selves to y« Treasuf to make paym* of the sJ Debt
Alsoo in a bill of expences on y Countrys Service by Sever" of the Town of Hatfeild
p''sented to y Comittee for ye Warr for allowance They excepted & would not allow for an
horse of Dan" Whites worth Seven pounds mon j w^^ horse was prest for a post from o'
pt9 to Travell to Boston with Lett" to y^ Gov in w^^ journey s'' Horse dyed & y" man
hath had no Recompence, Humbly pray yor Hono" to consider this matter alsoe & to
allow such a Sum for s^ Horse as yor Hono" may judge just & Right & for yor Hon" we
shall ever Pray Sami-i- Partrigg
Danll White
Major Walley : alsoe Jos Hawly Esqr & m' Eliezr fiFrary memb" of this Co'te can give
information Refferring to this horse abovementioned." — Mass. Archives, vol. 1, p. 47.
Upon this petition the following vote was passed on the twenty-fifth of November : —
"Voted in the house of Representatiues that the abouesd: Samuell Partrigg be pd:
Eleven pounds out of ye Province Tresury for the Killing of y abouesaid eleven Wolves,
And also That Daniel White be paid Three Pounds out of y« Province Tresury for his
horse yt was prest to go post in his MajUs^ Service, wh sd horse Dyed on the Road in sd
servise
And sent up to the IlonWe Lt. Goul & Councill for concurrance
William Bond Speaker." — Ibid.
From the above vote the Secretary constructed this chapter by which it appears that the
Council did not concur with the representatives in voting payment to White for the use
and loss of his horse. This also appears by the following memorandum, subjoined to the
original vote, by Major AValley, one of the commissioners for managing the war: —
" The Horse of Dan : Whites hath not been allowed by y^ Com
y 27 nov : 1695 John Wallet." — Ibid.
The ground of the treasurer's refusal was that the act of March 15, 1694-5,* prescribed
a form of certificate upon which, alone, payments could be legally made from the treasury.
This act was passed to remedy the loose and various practices under the former act-t
Chap. 46. This chapter is from council records, vol. VI., p. 426. It is preserved in
archives, vol. 113, p. 125.
The reasons for passing this chapter are sufBciently evident in the papers which follow.
Upon petitions which have not l)een found, the General Court, before the arrival of the
province charter, passed the following order for the relief of certain towns, including
Wenham : —
" December 8'.h 1691. At an adjournment of the General Court of their Majtifs Colony
of the Massachusetts Bay in Boston
Whereas in the last Lists of valuation taken in the yeare 1690. the generality of the
Towns left out the heads of such of their Inhabitants as were then abroad in their Maj'jes
Service on the Expedition to Canada Some Towns not knowing what was done in y' mat-
ter put all the sd heads into their Lists, which makes an inequality in bearing of the pub-
lick Charges.
It's therefore ordered That upon Certificate from the Selectmen and Commissioner of
such Town presented to the Treasurer, therein setting forth the names & number of the
Inhabitants of such Town then abroad upon the s'' Service, Such Town shall be abated
the Sum thereof out of their publick assessment." — Mass. Archives, vol. 113, p. 126.
In the first tax act of 1694t the proper allowance to Wenham was inadvertently over-
looked, and the vote of 1691-5, chapter 27, was passed to correct this error, by a sufficient
allowance in the next tax act ; but it would seem that the same error was repeated in the
new act.$ The tax act of this year expressly authorized the treasurer to make abate-
ments and allowances in the arrears of former assessments in all cases in which the
General Court had so ordered. || But notwithstanding this provision it seems that the
allowance justly claimed by Wenham was still postponed, whereupon the selectmen, in
behalf of the town, sent in the following petition, which was read in the Council Novem-
ber 21, 1695:11 —
"To the Honourable Generall Court Assembled at Boston this 20th of Nonember 1695
the Humble petetion of the select men of wenham in behalfa of thier towne Humbly
Bheweth that we yowr petetioners when we made our list of valewation in the yere 1690 for
* Province T.aws, 1694-5, chapter 26.
t Jbid., 1603, chapter 6.
I Jbid., 1694-5, chapter 12.
§ Jbid., chapter 27.
fi Jbid., 169.5-6, chapter B, § 8.
Tf On the twenty-fourth of July, 1695, the town of Wenham chose Captain Thomaa Flake
a representative " to go to the General Court at their next sessions to get the abatement of the
Commissioners' heads perfected."
Select
men of
Wenhsim." — Ibid., p. 123.
[Notes.] Province Laws (Resolves etc.). — 1095-6. 483
that yere we did pat into our sd list our solders tliat then were in tliicr majesteys seniic at
Canada and when we vnderstod that the jenerallyty of the towns in the prouinc had left
out of Ihier lists thier solders gon into the s<' seruic; wo then pototioncd this honourable
General 1 Court in december 1(591 that we might have a Just abatinent made for our sol-
ders that went in the sd exspedetion which were sencntcn ; and it then being euident to
the Generall Court that ther were som other towns vndero the same Circomstanc that
we with those might not be opresed pased aposetiue and express order that those towns
which had soe put in such solders into thier lists producing to the tresurer vnder the
hands of thier select men and Coinisioner seting forth the nams and number of such sol-
ders it should be abated which order we atended but wer by the then tresurer put off
from one time to an other with promises that we should be alowed tiie some which our
seuenteu solders amounted to. which was thirtey fowr pounds 14» 2«^ \mi we could not
obtaine it before the presant Treashurer mr Jams Tayler came to the place and he find-
ing our towne debtor for the sd some who cald v^ion vs for it and then our sd list was
lost which forced vs to mak the list anew which boreth date August the 17th 1694 which
we 6ent to m^ Tresurer with the order of Court which he lieceued and we exspected that
the ahatment had bien made vntill the sd Tresurer sent to vs and Informed vs that this
honoured court in may last had ordered him to send an execution for the sd some
thirty fowr pounds 14' and 2<i which doth Indeed fore vs to petetion against that order
that we may be Relieued acording to equity and justis and this honorable GeneraH Courts
former order soe not doubting but that your honours will se Just cans to Grant owr
Resonable petetion and Relieue vs out of of Townes next assesment from being opresed;
and soe we yowr humble petetioners shall as in duty we are bound euer pray
THOf FFISKE
William ffiske
walter ffaterfield
John Newman
William Faeirfeild
This petition was reenforced by another, signed by two of the selectmen, as follows : —
" To the honerable hous of Representatives assembled in Boston Novemj" 22* 1695
Gentelmen : Thes are to request you that you would Consid"" of Case presented in
Of petition in behalf of oj Towne of wenham & grant us as spedy a determination of it is
may be; wch was that you would pleas to allow us what the hon''E''<' Generall Court was
pleased to grant us by ther order which was procured by the petition of oj Towne which
ordf we haue attended & haue not yet- had the benifitt of & therfore we would earnestley
request : that we might haue an equall benifitt by said order with those who did not putt
ther Cannada heads into the list of VaUuation & those that haue had an abatement by
said Ordj that so equitey may be done & the honf of this Court presei-ved : & if there
be any thing further that is nessisarey for the Clearing up of the equitey & Justice of
oj" Case we Can assert that those verey persons named in the list presented to
yoi" selves under the hands of y« select men & Comisionr of oj towne did personalley
serve ther majesties in the exspedition to Canada & maney of them ware lost in said
service, & hopeing that you will seriousley Consid^ oj Case we subscribe 05 selves
yoj" humble servants John Newman
William Faierfeild." — Ibid., p. 128.
Upon the former of these petitions, which had been sent down from the Council, the
House, on the twenty-sixth of November, voted as follows : —
" Voted in ye house of Representatiues yt ye Towne of Wenham be pd : out of the
Treasury of yp Province Tenn Pounds as their full due in Relation to y? Petition; & sent
up to ye Honbie Lt. Gou: & Councill for a concurrance
£10-0-0 William Bond Speaker." — i6jff.,j9. J25.
In this vote the Council concurred. A memorandum endorsed by the clerk of the
House on the above petition reads, "26 (9) 1695: £12: — voted to Wenham" and this sum
seems to have been at first voted by the representatives; but the amount actually
allowed agrees with the recorded vote.
Chap. 47. This chapter is from council records, vol. VI., p. 427. It is preserved in
archives, vol. 87, p. 16, and vol. lO.i, p. 28.
This chapter was made up by the Secretary from two distinct votes ; the former on the
petition of Thayer, and the latter upon the petition of the wife of Cook who was disabled
by illness. These petitions and the votes thereon, respectively, are given below : —
" To ye Honourable Gen''!,' Court now sitting in Boston
The PeticSn of Fardinando Thayer of Mendham
Humbly sheweth
That whereas about three years since. The Country Rates were very great, and yo"" Peti-
conrfhen very much In ye Rates, and had paid a Considerable part of his Rates, but Wore
he Could pay the whole, fire, brook out in his house and Consumed it with all his move-
able Estate, himself and family had much to do to escape with their Lives ; and yor Peti-
conf being very aged, meets with much difficulty, and whereas there is about Seaven
pound ten shilling unpaid, of those Rates before he was burnt out, He doth most Humbly
pray this Honri^ie Court will please to Consider his distress and Remit those arrearages of
Rates made before his being burnt out of his house and as for all other ; he hopes he may
be able to pay them in season : and yo' favour herein will make the heart of yo' aged
Peticon' glad and Encourge him, as in Duty bound to pray &c :
9br y^ 28th 1695
Reed Nov : 28^'' 1695 Read in the house of Rep'sentatiues and Past in the affirmatiue,
and sent up to the hongie lj Gou^ and Councill for a Concurrance
William Bond Speaker
Voted a concurrance in Council Novr. 28^ 1695
Is* Addington Sec^." — Mass.
Archives, vol. 87, p. 16.
484: Province Laws {Resolves etc.). — 1695-6. [Chaps. 50-52.]
" Much Honoured S."
When I was last in Boston I acquainted Your honours with the poor, & low Estate of
my Husband Walter Cook, by reason of his sore Ulcerated, & extraordinary tumified
leg^e on which a sad excrescence remains as bigge as an ordinary apple, which puts him
to Constantly great, & sometimes exquisite pains by which he hath been wholly taken of
from his labours, to jf wasting his estate, ha still remains in y? same desolate & afflicted
state languishing & declining without any hope of amendment in this life ; but yet I know
not how long bis painful life may be prolonged my time is almost wholly taken up in
attendance on him, (not that I think much of, or in ye least measure decline the duty
which God providentially Calls me unto, & which my Conjugall relation calls for), but
hereby both he & I are wholly incapacitated to doe any thing for a lively hood, & our
children which are all gonne for themselves are in such a low condition that we can hope
for little from them who are scacely able to live thro, the cares, Ik charges which they are
burdened with. It was such considerations as these which made me act y<f part of an
Importunate Widdow, th6 thr6 gods goodness it was not before unjust, but mercifull
judges, as I am touched with shame to have given you so much trouble, so am I refreshed
with gladness to think of the generous & candid concessions of yof Honours thut you
would doe wht in your Honours lay to spread his case relating to his Country rates before
ye Generall assemltly, an accompt of which under jf Cimstables hands I send enclosed &
doe humbly pray that Your bono™ will putt on such bowels of charity as may dispose Your
Honours unto an Eifectuall mannagement of this matter, I should be far from furtber sol-
liciting in this affair were it possible for us to find out a way to Satisfy the Constables, but
the great indigencyes we are labouring under serve as continuall monitors to press me to
yf uttmost endeavours I am capable of to engage your Compassions towards those, who
(i hope) are Gods poor & therefore wht ever is done for our reliefe (I hope) may be justly
reputed as lent to the Lord ; I have nothing to adde, save onlv the assurance of my thank-
full remembrance of your manifold kindnesses, & that I shall not fayle to ask a blessing
upon your Honours from jf God of all divine grace, whilst I am capable of lifting up a
prayr to a god hearing prayer ;
Mendon SO'-h 7'-'' 1695. I am Yof Honours In all observances
Katherinb Cook.
The within Petition Being Read in the house of Repi'sentatiues & Past in the affirmatiue
viz : that his Rate to be gathered by Walter White of three Pounds eleven Shillings &
eight pence, That his Rate to be eathered by Constable Cooke of three pounds — & That
his Rate of two Pounds two shillings & six pence to be gathered by Constable Thare all
which am? to Eight pounds fourteen shillings & two pence be allowed & abated the sd
Walter Cooke aiid that it be allowed by m^ Treasurer (of this Province) —
And Sent up to the hon^Lt Gou^ & Councill for a Concurrance
William Bond Speaker
Voted a concurrance in Council Novj 28° 1695 1st. Addington Secry."
— Ibid., vol. 105, p. 27.
After the Council had concurred, the petition went back to the House, apparently,
where the following memorandum was made upon it by the clerk : —
" Nov : 29':h 1695 ; Voted as on the other side." — Ibid.
Accompanying Cook's petition is the following memorandum or account : —
" Walter Cooke of Mendon stands Rated to the Countrey as ffoUoweth.
£ s d
To the Rate in Constable Whites hand ... 3- 11- 8
Joseph Whit constabell
To what is in Constable Cooks hands ... 3- 0- 0
nicholas cook constabell
To what is in Constable Thayres hands . . .2-2-6
Tommas Thare constabel
£8: 14: 2." — Ibid., p. 29.
By the entry in the province treasurer's accounts it appears that £16 4s. 2d. were abated
to the town of Mendon of the rates committed to Thayer and Cook.
Chap. 50. This chapter is from conncll records, vol. VI., p. 429. It has not been
found in the archives.
Chap. 51. This chapter is from council records, vol. VI., p. 430. It has not been
found in the archives.
Chap. 52. This chapter is from council records, vol. VI., p. 428. It is preserved in
archives, vol. 1, p. 46.
For the grounds of the treasurer's refusal to pay an account on which this chapter
was based see note to chapter 44, ante. The petition which accompanied this account is
as follows : —
" To y« HonoWe Gener" Court Now Sitting at Boston
'The Petic5n of William Holbrook & others of Mendham
Humbly Sheweth
That whereas Several Wolves have been killed by yo! Peticon'. and other, as doth
appear from vnder y« hands of y° Select men of o; town to iVT^ Treasurer Phillips, and he
hath not yet allowed pay for them, and since M"; Taylor Hath been Chosen treasurer he
hath been Requested to pay for y« same. But he saith he Cannot do it without yoj Hon^.s
first Consent thereto : Therefore yo'. Peticon'. with y^ Rest most humbly pray yc HonL^
will please to Order M£ Treasurer to pay them what y Law then allowed in 1692 which
was ten shillin.js a wolfe, and y® whole number of wolves then Killed by yoT Peticonf &
and* others Were twelve, & amounts to six pounds — yoi Peticonis humbly pray Yor
• Sic.
[Notes.] Province Laws (Resolves etc.). — 1695-6. 485
Hon™ will save them farther spending their time about this affair that so they may be
Encouraged to serve y Country in same way arill as in Duty bound shall not Cease to
pray &c —
gbryt 20=1695 "William holbeook." — 3iass.
Archives, vol. I, p. 46.
This petition appears to have been first read on the twenty-ninth of November in the
House, where it was immediately " voted in the affirmative " and sent up to the Council,
for concurrence. The Council voted a concurrence the next day, but put the vote substan-
tially in the form in which it appears in this chapter. For some reason not evident the
House did not concur in the new draft until the fourth of December.
Chap. 53. This chapter is from archives, vol. 101, p. 45. It is recorded in council
records, vol. VI., p. 4.'5'2.
This chapter closes the official accounts of Mr. Treasurer Phillips. On the twenty-third
of Fcljruary, 1691-5, the compensation which had been allowed him as far back as July,
1G93,* had been passed to his credit by his successor, as shown by the following entry m
the treasurer's accounts : —
" Februry 23 Jno Phillips Esqj late Treas^ of the Colony of the
massachusetts due to him as appears •p an acco',' Under the
hands of the Comitteo appointed by the generall Court dated the
IS'-i" Decemb' L^i^ Including his £500/, -,/ - as a Recompence of
his Service as Treasurer 924 „ 16 „ 11." — JVfass.
Archives, vol. 122, p. 46.
It appears, however, that as late as June, 1695, he had not taken an order from the
Council of this allowance. At the thkd session of the General Court this year he pre-
sented another petition for allowance very similar to the one presented by him in June.f
It is as follows : —
"To the Hon'^i'^ William Stoughton Esqr Leiv' Governor and Coinandr in Cheife of his
Majti^s Province of the Massachusetts Bay in New England with the honrd Council and
Representatives of the Same now assembled in Generall Comt held att Boston by
adjournem' Decembr 3(i 1695
The Petition of John Phillips Late Treasurer to the late Colony of the Massachusetts,
Humblv bheweth
That Yor Petitionr dureing the time of his offlciateing in the office of Treasurer for the
Late Colony of the Massachusetts (wCi was for some yeares together) hired part of an
house in Boston for that Service as also Imployed M'' Humphry Parsons an Accomptant
to assist him in said Aflfairc, the charge whereof, and for Large Quantitys of paper wood
& candles &c expended in sd affaire was very considerable, besides the Burthen was very
great which yo'' Petition"" then sustained, haveing hitherto had no allowance for sd
charges nor the assistance of the sd Parson in the management of sd affaire, and not-
withstanding all which he hath now in, & owcing to him from the Publick Treasury upon
his owne particular acco' Five hundred and odd pounds.
Yor Petitioni- therefore humbly entreates that this high & hon^'e Court will please to
take the premisses into Consideracon Soe as that the prsent Treasurer of said Province
may be ordered to make payment unto hun out of the Publick Treasury the aforesd
Suine of ffive hundred and Odd pounds Together with such Sufficient Compensation for
the service of the sd Parson, and for yor petitionrs necessary charges whilest he officiated
in the office of Treasurer to the s'' Late Colony, as to yor wisdoms shall seeme meet and
reasonable./
And Yor Petition^ Shall pray &c." — Ibid., vol. 101, p. 44.
Upon this petition the vote which constitutes this chapter was passed by the House on
the sixth of December and sent up to the Council where it was immediately concurred in.
Chap. 54. This chapter is from archives, vol. 48, p. 259. It is recorded in council
records, vol. VI., p. 433.
The order for the payment of this allowance was passed in Council December 19, 1695.^
The Treasurer's accounts are missing from November 7, 1695 to November 11, 1696, and
hence the entry of the payment does not appear.
Chap. 55. This chapter is from council records, vol. VI , p. 434. It is preserved in
archives, vol. 70, p. 250.
The petition which is the basis of the vote which constitutes this chapter is as follows : —
"To the Honrhle \Vm Stoughton Esq'' Lieu'. Gov' and Comander in chief df His Majty^f
Province of the Massachusets Bay in New England, with the HonEd Council & Repre-
sentatives thereof, now convened in Genii Court held at Boston June 13"' 1G95 —
The Petition of Nattianael Hall Your Supplicant
Humbly sheweth,
That, whereas Your Petitioner hath been greatly importuned by His Excellency Sir
William Phips Gov? to serve in an Expedition to Pemaquid, at the time of the building of
the Fort there, & withall was promised by His Excellency and Maj"* Richards not less
than six pounds per month, which encouragement, with the duty he owed to God & his
People, induced Yo"" Petitioner to undertake so difficult and hard a piece of service ; And
yet after twenty six weeks service on his return with leave & order, He has not received
more then four Pounds !,> month, which is something grieveous to Yo' Petitioner : He
doth therefore humbly pray, if any thing can be alledged, that he hath been any wayes
unfaithful or negligent in said service, that he may be made sensible of it; if not, that
* Resolves, 1693, chapter 8.
I See chapter 20, ante, and note.
Executive Records of the Council, vol. 2, p. 374.
486 Province Laws {Resolves etc.). — 1695-6. [Chaps. 56-58.]
Your Honors will be pleased so far to consider your Petitioner, as to doe for him what
may be just and honourable. Also, whei#Your Petitioner had served with his own Medi-
cines in the Cure of many sick & wounded seamen & soldiers on their Return from Canada,
he made conscience to charge in his Account as reasonably as could be afforded, & the
Surgeons that were appointed to audite his Accompt, found it reasonable : Yet notwith-
standing, he i-eceived but twenty two pounds, whereas his Accompt amounted to twenty
seven pounds odd money. Further, Your Petitioner by an Act of a General Court holden
at Plimouth, formerly had a Pension allowed him during life, in compensation for the
loss of the use of one of his Armes, which was occasioned by a dangerous wound he
received at the Narraganset-fflght, but has fallen short of five pounds ^ year of said
Pension, ever since the arrival of Sir Edmond Andross ; yet has he not been backward to
pay all rates and taxes imposed on him, nor would he now appear, if he could comfort-
ably comply with what his rates and engagements are. Therefore he doth humbly pray
your Honours, that You would candidly consider the Premisses, and doe for him as Jus-
tice and Your great Wisdom shall direct.
So shall your Petitioner ever pray." — Mass. Archives, vol. 70, p. 250.
Appended to this petition is the following apportionment, or memorandum of items, of
the whole amount asked for : —
" Your Petitioner humbly conceives that there is due to him
flFor Wages at Pemaquid £13 „ 00 ,,00
flFor what he did for sick & wounded men .... £05 n 00 ,, 00
By Arreares in his Pension 9 years £45 ,, 00 „ 00
£63,, 00,,00." — /6trf.
The following are the proceedings on this petition, which, by comparison with the chap-
ter as printed from the Secretary's jom-nal, will serve to illustrate the large discretion
which that officer habitually exercised in making up his records : —
" Nov : 30':h 1695 This Petition Read & Voted That Cap'. Nath : Hall shall haue fifty
pounds paid out of the Treasury of this Province in ffull for his Wages at Pemiquid (yet
due) & for what he did for Sick and wounded men, and for all he demands for his
stypend or pension of fine pounds a yeare duering his life (in Plymouth late Colony) —
But his Lyeence granted him to keep an Ordinary in Yarmouth in the County of Barn-
stable by y late Generall Court in Plymouth is Still to Remaine to him S; his Assignes
According to that Courts Grant
Past in the affirmatiue & sent up to the hon^ie L'. Gou^ and Councill for a Concurrance
Voted Dec: ll'> 1695,, * ' William Bond Speaker
December 11* 1695 Vof? a concurrance in Council after y lineing out of the three
lines and halfe, made by the Representatives
IsL Addington Secf^^." — Ibid., p. 251.
The "three lines and halfe" mentioned in the vote of the Council are the lines above
printed in Italics.
An order for paying this allowance was passed by the Council, December 19, 1695.*
Chap. 56. This chapter is from archives, vol. 2, p. 239.
All matters of controversy respecting the boundary lines between this province and the
contiguous colonies and provinces pertain to a class of legislation which will form a sepa-
rate group, in a later volume, with the resolves, orders, etc., relating to the establishment,
etc., of towns, etc.
This chapter, however, refers not only to the disputed boundary between Massachusetts
and Connecticut, but to the etforts of the former to secure from the latter a more efficient
cooperation in the defence of the western frontier of both governments, and contains
another appeal for assistance against the enemy in the expected spring campaign.
The earlier correspondence concerning this business, including what the Assembly in
this chapter say, " we wrote you the last summer," has been given in the note to resolves,
1694-5, chapter 62. An attempt to re-;ume this correspondence had been made in the
autumn, in the following letter from Lieutenant-Governor Stoughton : —
" Honrble Si-s./.
Col? Pynchon has observed unto me yof readiness to grant him assistance, upon his late
application unto you, for pursuit of the Enemy, and yor Enforcem' of the Garrison at
Deerfield with twelve men ; which I thankfully acknowledge, and desire that those Towns
may be further releived by you, as occasion shall offer, for which the neerness of yoj situ-
ation d03 give you advantage, and will be a Security to yo^ Colony We are at a standing
charge for the defence of our Neighbours of New-Hampshire, haveing a Foot Company
posted there ; thri. part of this Province lyes without them ; But we are all Subjects of the
same Crown, and have a coihon Enemy to Engage ag.' th6. the war lyes neerer to some
than others ; A combining together for a joint prosecution thereof is necessary. In which I
hope yor Selves will not be wanting. I am. Gent.
„ " c n^ ■.nnc Yo"" afiectlonate Frieud & Servaut.
Boston. Sep"^ 21o 1695. • ^^ g_
Govj & Council of Connecticutt." — Mass. Archives, vol. 2, p. 237.
No reply to the foregoing letter has been found.
Chap. 57. This chapter is from council records, vol. VI., p. 437, and archives, vol.
11, p. 101.
Chap. 58. This chapter Is from archives, vol. 48, p. 261. It is recorded in council
records, vol. VI., p. 436.
* Executive Kecords of the Couacil, vol. 2, p. 373.
.'^
[Notes.] PiioviNCE Laws {Resolves etc.). — 1G95-6. 487
Tho order for paying this allowance was passed by the Council, February 11, inOiJ-G.*
Owing to the loss of the treasurer's accounts, tho record of payment has not been found.
Chap. 60. This chapter is from archives, vol. 113, p. 131. It is recorded in council
records, vol. VI., p. 438.
Chap. 61. This chapter is from council records, vol. VI., p. 440. It has not been
found in the archives.
Chap. 62. This chapter is from archives, vol. 40, p. 349. It is recorded in council
records, vol. VI., p. 443.
The order in Council for the payment of this allowance was passed March 19, 1695-G.t
Chap. 63. This chapter is from council records, vol. VI., p. 443. It is preserved in
archives, vol. 70, p. 267.
The petition upon which this chapter is founded was read in the House, March 6,
1695-6, and is as follows : —
" To the HonW« William Stoughton Esq^ LieiiL Govern"' &c the Council and Repre-
sentatives of his Ma'ys Province of the Massachusetts Bay in New England, convened
in General Assembly. March S'.^ 1695/6
The Petition of Cap' Stephen Greenleafe of Newbury
Humbly sheweth
That upon the 7''' of October last about three aclock in the afternoon, a party of Indians
surprized a Family at Turkey hill in s.d Town, captivated nine persons women and
Children, rified the house carrying away the Bedding and other Goods, Only one person
in the House escaped ; and gave notice to the next Family and they to the Town — Upon
the Alarm your Petj with a party of men pursued after the Enemy, endeavouring to line
the River Merrimack to prevent their passing over by which meanes the Captives were
recovered and brought back —
The Enemy lay in a Gully hard by the Highway and about nine at night made a shot
at your Petitioner and shot him throut^h the Wrist between the bones, and also made a
large wound in his side. Which wounds have been very painful and costly to your Pet£ in
the cure of them and have in a great measure utterly taken away the use of his left hand,
and wholy taken him oflF from his Imployment this Winter —
Your Petitioner therefore humbly prayes this HonrWo Court, that they would make him
such Compensation as shall seem fit, which he shall thankfully acknowledge and doubts
not but will be an EncouragemJ to others speedily to relieve their Neighbours when
assaulted by so barbarous an Enemy — And your Petf shall ever pray &c
Stephen Greenleaf." — Mass.
Archives, vol. 70, p. 267.
The vote passed upon this petition was agreed to by both branches, on the seventh, and
is substantially the same as given in this chapter, save the preamble, which was added by
the Secretary when he made up his records.
The order in Council for the payment of this allowance is dated March 19, 1695-6.];
Chap. 64. This chapter is from archives, vol. 70, p. 268. It is recorded in council
records, vol. VI., p. 444.
This chapter appears to have been passed, in part, to ratify the following previous order
of the Council : —
" Feb. 11, 1695-6. For the further encouragement of Men to attend his Majestys service
in the Province Gaily.
Ordered : That the pay for able Seamen that shall serve in her be advanced unto thirty
shillings ■!> month. _ Wm Stoughton." — Exec-
utive Records of the Council, vol. 2, p. 577.
Chap. 65. This chapter is from council records, vol. VI., p. 444. It is preserved in
archives, vol. 40, p. 351.
The following is Ray's account referred to in this chapter : —
"Boston in new England 1695
The Conntrey to Caleb Ray Goalkeeper is Dr '
John Carter Commited Decem"; ye 7* 1694 & Discharged June ye Z^ 1695 ] k «' d
w^'i makes 25 weeks and thre days at 2/ 6'' F week amounts to • . [• 8 12 8
To one shirt 6' One pare of briches 3» J
Joseph hyde Commited Janj- the 7"^ 1694/5 and Executed May the 16* 1695
being 18 Weeks & 3 days w'-;ii ammounts too 2 6 3
Robert Sherwod from the 1st of march 1694/5 & Dyed may
the ll'h being 10 weeks one day 1:05: 0
To his cofin according to order 0,, 6: 0
To the Graue Digins and bell 0,, 5: 0
To my Troble and Charges in his Sick diet & Suitable attend-
anc 0„ 3: 0
To my Troble and expence at his funeral & expenes on the
bearers 0^, 3: 0
To Drink the Coroner had for the Jury 0,, 3: 4
2 5 4
To Capt bumazene from the first of march 1694/5 To 5*^ December 1695
makes 39 weks 6 days at 2/ 6^ ¥ week 4 19 6
* Executive Records of the Council, vol. 2, p. 378.
t Ibid., p. 3S0.
X Ibid., p. 381.
488 Froytnce Laws (Eesolves etc.).— '1Q95-6. [Chaps. 66-69.]
The Countrey to Caleb Ray Goalkeeper is • Dr
To Joseph hostage from from* first march 1694/5 To 5* December 1695 k .' d
makes 39 weks 6 days at 2/ 6^ P wek 4 19 6
Sheepcot John his Two Sons from firts of march To 5"" December 1695
makes 39 weeks 6 day at 2/ 6'* <P week 9 19
To Posts Plank Timber Specks and workman Ship to stop a
breach in the Chimney & one under the window in the prison £0 : 12 : 00
To an Iron Stock lock for the great prison doore . . . £0 : 12 : 00
To Iron work by Jno Spencer Smith vizt 8 cross barrs 76 Staples
qut ISoib at 7'i 'P'lb £5: 7:11
To makei'ng 4 shackles for handcuflFs & two little staples for
the barrs £0 : 5 : 00
To three hands to clinch the staples two dayes . . . . £0 : 10 : 00
7 6 11
£35 9
To Captn bumazen, Shepcot Johns Two Sons & Joseph the hostage from the
5«» of "December 1695 To 27"» of febuary being 12 weks at fifour Shillings F
wek (prouisions being uery Dear) w<=" I hope your honers will Consider
and alow & at that rate ammounts to 9 12
45 1 2
Caleb Rat." — Mass.
Archives, vol. 40, p. 351.
The vote as actually passed was as follows : —
" voted that Caleb Ray prison keeper in Boston be paid out of the Publick Treasury
Thirty one pounds fifteen shillings & foure pence towards the abouesd Accol past in the
house of Representatiues in the aiOirmatiues & Sent up to y^ honWe l^ Gou' & CounciH for
concurrance
March 7* 1695/6 Penn Townsend Speaker
Vofi a concurrance in Council March. 7* 1695
Isi. Addington Secry." — Ibid.
The Secretary seems to have put it in the form in which it appears in this chapter when
he made up the record of the doings of the Governor and Council.
The order in Council for the payment of this allowance from the province treasury is
the same as that referred to in the note to chapter 30, ante.
The loss of the treasurer's accounts from November 7, 1695, to November 11, 1696, pre-
vents the proof of actual payment by record evidence, but unquestionably Ray received
the full amount allowed.
Chap. 66. This chapter is from archives, vol. 48, p. 262. It is recorded in council
records, vol. VI., p. 445.
The order in Council for the payment of this allowance is dated March 19, 1695-6.t
Chap. 67. This chapter is from archives, vol. 11, p. 102. It is recorded in council
records, vol. VI., p. 445.
Chap. 68. This chapter is from archives, vol. 101, p. 47. It is recorded in council
records, vol. VI., p. 445. , . , . ,
Simultaneously with the passage of this chapter, a tax act was passed, J the sixth sec-
tion of which obliged the province treasurer from time to time, when required by the
General Court, to lay before them his accounts of the " issuing and disposal of monies "
received into the treasury. Before this, the House had endeavored to procure the con-
currence of the Council in an act still more stringent, as shown in the following resolve
and vote : —
♦' Resolved That there be a bill drawne — Requireing the Treasurer Annually to lay his
Accompts faire, before the Genii Court of all Summs of monys that haue or shall be Com-
mitted to him, By Rates, fines," and forfeitures to be by said Court, Examined, allowed,
& Discharged — And That an oath be framed for the Treasurer to take Accordingly
Voted In the house of Representatiues and past in the Afiirmatiue nemine contra-
(7ecert<e — And Sent up to the hon^ie L' Gour & Councill for a Concurrance — ffebl 29Lii
1695/6 ' Penn Townsend Speaker." — Mass.
Archives, vol. 101, p. 46.
Chap. 69. This chapter is from archives, vol. 121, p. 61. It is recorded in council
records, vol. VI., p. 446. ^. , . . ,,
The following is the order of the general court of Plymouth Colony, which is revived by
this chapter : —
[At a court begun and held Feb. 6, 1682-3] " This Court haue voted, that Sandwich,
Barnstable, Yarmouth, and Eastham shall find and allow vnto the building of the
Eelriuer bridge, euory of the said townes fine pounds in siluer mony ; and the said bridge
is to be a c.'.rt bridge, and is to be wharfed vp att both ends, and but one peer left in the
middle of the said bridge, and the towne of Plymouth are to finish and compleat the said
liridge.
And that Plymonth, with the other southeren townes, shall maintaine Jonses Riuer
bridge and the Eekiuer bridge, when the Eelriuer bridge shalbe built, according to pro-
portion as they are in the cuntry rail ; and then the said townes shalbe free from being
• Sic.
(Executive Records of the Council, vol. 2, p. S80.
Province Laws, 1695-6, chapter 17.
[Notes.] Province Laws {Resolves etc.), — 1696-7. 489
charged toward tho building of any other bridge out of thire rospectine towneshlpea." —
Plymouth Colony Records, vol. VI., p. 100.
Chap. 70. This chapter is from council records, vol. VI., p. 447. It has not been
found in the archives.
1696-7.
Chap. 1. This chapter is from council records, vol. VI., p. 452, and from archives,
vol. 11, p. 104.
The special cause of this thanksgiving was the timely discovery by Prendergast of the
conspiracy known as tho "Assassination Plot" of which Sir George Barclay, encouraged
by James II., and with the knowledge of Louis XIV., was the prime mover. Tho pur-
pose of the conspirators was to murder the king on his return from hunting at or near
Richmond, in Surrey.* This murderous attempt was the immediate cause of the forma-
tion, in parliament, on tho motion of Sir Rowland Gwyn, seconded by Montague, of the
" Association," which all persons holding office under government were required to sub-
scribe. See chapter 34, post, and foot-note.
Chap. 2. This chapter is from council records, vol. VI., p. 454. It has not been
found in the archives.
Chap. 3. This chapter is from council records, vol. VI., p. 456. It is preserved in
archives, vol. 101, p. 51.
The following is the petition, and the accompanying affidavit, upon which this chapter
is based : —
" To the Hono'']^' Liev' Governor Council and Representatives asembled In General!
Court at the Townhouse in Boston May 27 : 1696
The petition of John Dexter Humbly sheweth that whereas your poor petitioner served
in the office of a constable In the Town of Rochester in the yeare 1694 he is now like to be
greatly wronged and damnifyed by reason of an assesment that is demanded and like to
be distreyned by an execution Directed from the Treasurer to the sheriff of this county of
Barnestable for the sd Rate or assesment amounting to the suiii of fom'teen pounds thir-
teen shillings and one penny, which Rate your petioner was never capassitated to colect
By Reason that he never had only an Imperfict list to gather the same which came to
hand the very day that he should have paid the sd sum and have issued and made up his
accounts thereof with the Treasurer, and notwithstanding your petitioner did endevour to
colect the same with all possible speed but the persons mentioned in sd list refused to pay
their sums therein mentioned and not knowing their estate did make application to the
select men for a warrant to coinitt the persons to prison but they did Refuse to gi'ant one,
and your petitioner made such Return to the Ti'esuror and thought that it was as far as
he cold proceed in that matter, & therefore Humbly prays that this Honored Court would
please to Releive him therein that he may not have Distress made neither upon his per-
son nor estate for not paying that which your petitioner humbly conceiveth ho was not
duly capassitated as the Law Directs to colect, nor was not wanting in his duty about
{my John Otis a member of the court being acquainted of this matter is capable of giving
more full Information to the court) so hopeing that this honored Court will duly consider
this matter and linde out a way that the Inocent may not be oppressed, your petitioner
shall Remain as in duty Bound to pray for &c
May the 25':'^ 1696 : then Thomas Dexter of full age apeai'ed And made oath that he
did heare the above Named John Dexter Demand a warrant of the select men of Rochester
(during the time that he was constable) to cary the persons to prison that Refined to pay
their proportion of the above mentioned list and they Refused to give a warrant
Before me Stephen skeffb Jus^ peace." — Mass.
Archives, vol. 101, p. 50.
To the original vote from which the Secretary made up this chapter there was no pre-
amble, and instead of the first ten words as here printed, the order ran thus: "Voted
. . . That the within named petitioner be releived as to the Execution now out ag' him."t
Chap. 4. This chapter is from council records, vol. VI., p. 457. It is preserved in
archives, vol. 1, p. 49.
I'he order which is the basis of this chapter was passed as a vote, on the day upon which
the following petition (which was first read in the House) was presented : —
" To the Honi'abie Leue' Gov™"" & Representatiues in Gen" Court Assembled may 27^'>
1696, The Humble Petition of the select men of Hadly sheueth — j^
Whareas in y" year 1694 Thare ware Ten Grown Wolues killed in Hadly as Apeared to
us by Receipts Vnder oure Constables Hand for which Payment is made to the Partyes
yt killd saide Wolues, which we signified Vnder Qf Hands to m' Treasurer in march 1695
Desiaring that payment mite be made to us out of y« Prouince Treasurey Acording to
Law, the which m"" Treasurer Hath Neglected & Refused to do exsept vve would enter
them in a printed Bill & signe thare two, which Bills ware made senco y" kiling of saide
Wolues, & we Cannot in Conchance signe there Vnto because we did not se the ears Cut
off Naither was thare any Law then for It, thus we are Damnified to y« Sum of Ten
Pounds for which we Hunil)ly Pray that this Honored Court Pleas to Order the Pay-
ment of Acording to Law, & for y Honors we shal euer Prav
Jonathan Marsh 1 Select men in
Natll White [• Hadly for y«
Samll Smith J year 1694." — Mass.
Archives, vol. 1, p. 49.
* The time fixed for the execution of this nefarious design was Feb. 14, 1695-6.
t Mass. Archives, vol. 101, p. 61.
490 Pkovince Laws {Resolves etc.). — 1696-7. [Chaps. 5-7.]
The following is the certificate tendered by the selectmen, to the province treasurer, upon
which the latter appears to have declined to make payment on the ground of its not being
in the form prescribed by statute ; —
"M'Tresere'
These may sartyfv y self y' thare haue bin Ten Growne Wolfs kiled in Hadly this
Last year Past which Apears to us by y« Resaits Vnder y" Constabls Hand y« Last of
which Bares Date in feb^ 19 : 1694/5 for which we Haue made Payment, or Presant satis-
faction, to ys Parsons y' kiled saide Woulfs and we Desiar y' it may be a lowed to O""
Town out of y« Next tax by Discounting ye same with Hezekiah Porter Constable —
Dated in Hadly march 4"> 1694/5 ^ us
Jonathan Marsh ] Select Men
NATHANIEL White > iu Hadly for
Samll Smith : J y" year 1694." — Ibid., p. 43.
Chap. 5. This chapter is from council records, vol. VI., p. 458. It is preserved in
archives, vol. 1, p. 48.
The following is the petition upon which this chapter is founded : —
'< To y« Honof^ Gen" Co'te Now Sitting the Humble Petition of Tho Nash & Nath"
Graves of Hatfield Sheweth
Whereas yc Petition'-s have killed Six Wolves as P Certificate Under o' Select mens
hands w=i> we p'sent with this o' Petition wci" Wolves were killed before y late law Rcquire-
ing Printed Certificates as Testimonys for y killing of sd Wolves & hath beene sent into
the Treasur with o^ Constables accompts for allowance according to the former law w i'
he refuses Except it be conformeable to the p'sent Method w^ii cannot be & yet y Money
is due & Therefore yo'' Petition's intreate yo"" Honoi's to pass an ordr for y Paym' of s''
Sum of Six pounds for s^ Wolves Out of ye Treasurie according to law & for yo"" Hono-'s
we shall ever Pray Thomas Nash
Hatfd May 25 16% Nathaniel graves." — Mass.
Archives, vol. l,p. 48.
The certificate which the selectmen offered to the province treasurer, and which he
deemed insufficient, is as follows : —
" Hatfeild Jan^e 7 1694/5
M"' Treasu' These may Certifie y* ye Select men of ye Town of Hatfeild afores-^ have
Reed Cirtificates from y" Constables of s'^ Town of Severall Wolves Killed this yeare viz
Thomas Nash & Nath' Graves three wolves Joseph Morton One wolf Sam" fFeild One
wolf Nath' Dickenson One Wolf Six wolves in all at 6' „ 00' ,, 00<i &c
Which Wolves Wee the Select men aforesd have answered the men y' Killed them &
therefore desire vo'self to make paym' & allow s^ Sum of Six pounds One half in Noah
Wells & the Other half in Daniel Wornei o"- Constables Rates w^ii is according to Law
as you well Know, Wee Subscribe yo[ fferinds & Serv'"
Samll Partrigg]
John White > Select men in
John Coleman J Hatfeild." — Ibid., p. 42.
Chap. 6. This chapter is from council records, vol. VI., p. 458. It is preserved in
archives, vol. 101, p. 52.
The following is the petition upon which this chapter is based : —
" To the Hono''^' LieV Governor Councill and Representatives assembled In Generall
Court at the.Town hous in Boston may 21^> 1696
The petition of John Dexter
Humbly sheweth
that whereas your petitioner served In the office of a Constable in the Town of sandwich
in the yeare 1695 : there was a list of a tax or assesment Comitted to him being the one
half of the tax of foure shillings p'' poll and foure pence p"" pound on estats which list
amounted the sum totall thereof upon a just cast unto: £31=19«=11'* w^i» sum your peti-
tioner hath paid In to the Treasurer and Receiver Generall of this province, and notwith-
standing by virtue of a warrant or execution signed by the s'^ Treasurer directed to the
sheriff of this county of Barnstable for : £2=13»=2'i more which is served and distress
made upon ray estate for the same, which I understand corns by reason of a miss cast of
the sum t.tal of said list (the original is sent herewith By Mr. Stephen skeffe a member of
this court) so that your petitioner is wronged of so much money and was not in a capassify
to colect it, nor now to have his dainage Repaired, but only by the help of this honored
Court and therefore Humbly prays for Reliefe herein and your petitioner shall remain as
in duty Bound to pray for &c." — Mass. Archives, vol. 101, p. 52.
The above petition was read, first, in the House, on the sixth of June. It was read a
second time and sent up to the Council on the eighth.
This chapter was passed in the form of a vote, and without a preamble, "that the
petitioner be paid and allowed out of the public treasury of this province," the sum afore-
said. The Secretary enlarged the vote to its present form in making up his record.
Chap. 7. This chapter is from council records, vol. VI., p. 459. It is preserved in
archives, vol. 113, p. 135.
The following is the account of the town treasurer of Boston upon which the vote which
is the foundation of this chapter was passed : —
" An Acco',^ of money Paid by the Town Treasu£ of Boston by ord^of ye Select men of
si Town to defray Charges belonging to the Townhouse One halfe part of si Charges is to
[Notes.] Province Laws (Resolves etc.). — 1696-7. 491
be reimbursted by the Troasurer of the Province by vortae of an Act of General Assembly
&c'
To Cash pd William Manly for paveing about the Townhouse
as ■!> his Acco« 39 ,;..„. -
To Ditto Manly for now pavoing what was taken up in the
repaires of y» Townhouse
•
.£.
• • /y
•8„.
.-
•
,39„
.8„.
, _
•
i
19,
14,.
,-
for
7'
t
The totall
One halfo part amounts to
Jam? Tatlok Treas';
Town of Boston." — Mass. Archives, vol. 113, p. 135.
Manly rendered two bills against the town; one for paving, and the other for repairing
the pavement, about the town-house. The former is as follows : —
" September the .27. 1695. An accounpt of peauing done for the worshipful! M' John
Eares and Captain Bozoon Allen at the townhouse in Boston the uper part of the peaue-
ment of the north side is .57. foot one way and .23. foot the other the mesure is .145.
yards .6. foot the next part is .31. foot one way and .29. foot the other the mesure is .99.
yards .8. foot the Lower part of the north side is .49. foot one way and .15. foot the other
the mesure is .81. yards and .G. foot the Lower part on the south side is .40. foot .7. inches
one way and .27. toot .7. inches the other the mesure is .124. yards and .3. foot that part
that buts against the stairkeas is .17. foot one way and .9. foot .4. inches the other the
mesure is .17. yards and .5. foot the uper part of the south side is .30. foot one way and
.13. foot .6. inches the other the mesure is .45. yards more on the south side .5. foot one
way and .7. foot the other the mesure is .3. yards .8. foot the seller door being Reducted
the whole mesure of new stones is .515. yards which is . . . . 38'* -12« -6<*
on the south side there is .16. yards of ould stones 0 -16 -0
39 -8 -6
The Paving above is about the Townhous deduct for stones . . 8. 6
allowed 39'-^* Avilliam manlt." — Ibid., p. 136.
Upon this bill the town clerk prepared the following order on the town treasurer, by
direction of the selectmen : —
" Boston 1^' October 1695
M'' James Taylor Treas""
pay to William Manly thiity nine pounds in full of the above written accompt ^ of it to
be charged to the acc" of the Province and ^ to the county
P order of the Selectmen
Ephrm Savage Town Cler." — Ibid.
Upon the latter of these bills, which has not been found, the following order to the town
treasurer remains in the state archives : —
" mr James Taylor Treasr
Pay to W"" Manly for mending the pavemt taken up in the repairs of the Townhous
eight shillings.
Boston 30tii Decembr 1695. V order of the select men
Epheaoi Savage Town Cler." — Ibid.
This amount is included in the foregoing account of the town treasurer, one-half of which,
on the eighth of June, the House voted be allowed and paid, the Council concurring on
the ninth.
By an error in the order in Council! for the payment of this sum, the town received ten
shillings less than was allowed by the General Court.+
The act referred to in the preamble and account is chapter 5 of the Province Laws, 1693-4.
Chap. 9. This chapter is from council records, vol. "VI., p. 460. It is preserved in
archives, vol. 40, p. 371.
The order of notice which constitutes this chapter was issued upon two petitions ; one
from Bristol, and the other from Boston, respecting an action which had been abated in
the Inferior Court of Common Pleas for Dukes County. The former is as follows : —
[Wilkins's Case^
" To the Honyi the Leiut' Govern"' & Coimcill & Representatives Conveened in Generall
Assembly for his Majesty Province of the Massachusets Bay held at Boston May 27',^ 1696
The humble Complant & Petition of John Wilkins of Bristoll
Sheweth
That Yo'' Complainant was by awarrant iind'' the hand & Scale of John SafSn Esq,"; one
of the Justices of tlw peace for the County of Bristoll bearing date ye 2<i October 1694
apprehended & brought before the Quarts Sessions of the peace holden on the 9'i> of
October after to answer to the Complaint of CapJ Nathaniel Reynolds, Mj Nathaniel
Blagrove and others for a Rescous before that time Committed by the s"^ Wilkins of Two
hundred Sheep by the Said Complainants seized
That Accordingly Yo'' Complainant appeared at the Said Court of Quarter Sessions &
pleaded not Guilty to the Complaint Exhibitted against him & prayd that the matter of
fact might h& tryd by a Jury as the Law directs, & offered to pay the fees of the Jury,
but notwithstanding the Justices of the peace assembled in Quarter Sessions as afofes,<J
denyed & refused yo^ Complainants motion, & proceeded Suiuarily & sentanced Yo'
Complainant to pay fourty Shillings fine, & fees of Court, by Vertue whereof an Execu-
tion Issued bearing date the last of July 1695 w^^ was Levyed upon yof Complainants
■ * A miiiute by the selectmen or town clerk.
IE.^ecutive Kecords of the Council, vol. 2, p. 430.
Mass. Arcliives, vol. 122, p. 102.
492 Province Laws (Resolves etc.). — 1696-7. [Chap. 9.]
p'son, & he was Imprisoned by the space of fourteen houres, untill he had paid y» fine
& fees & that the Select men of Bristoll upon the 20"» September last, without the Consent
of the Inhabitants of the Town of Bristoll, did make arate upon the Inhabitants of said
Town for fifty three pounds eleaven pence & gave it to the Constable to gather, w^t" caused
maney of the Inhabitants besides my Self being much dissatisfyed, to petition John Saffln
Esqr & the rest of the Justices in Quarter Sessions for releife, where the Select men
appeared, & pleaded the Law title an Act encourageing the killing of "Wolves, where it
is said the Select men are hereby Impowered to assess the Inhabitants of their Town such
suiSe or Sumes as they shall think necessary to serve that occasion, together with other
Town charges, vf'^ the Select men did Aifirme would beare them out in making what rate
they thought fltt upon the Inhabitants, w':'' the Quarter Sessions whereof Justice Saffln is
Chair man, did allow upon said plea, and ordered the Same rate to be forthwith gathered
wherein your Complainant was Rated fom-ty Shillings, wci* the Constable hath got from
me Now forasmuch as the proceedings of the said Court of Quarter Sessions are arbi-
trary, and Irregular, & their denying your Complainant a Lawfull Tryall by bis Peers,
and Justifying the raising of money upon the Kings Subjects without their own Consent
first obtained, or some known Law of the province warranting the same are Contrary to
the fundamental! Rights & Libertyes of the Subject, and Subversive thereof, & may be
ameans of Introducing oppressive or Arbitrary power Unless it be sensibly Redressed,
and fibrasmuch as in the ordinary Course of Law Your Petitioner is w"'out releife, he is
therefore necessitated to apply to this Honbie Court for it, & is Incouraged to Expect that
the premises will receive such a consideration and determination as the Generall Impor-
tance thereof requires, whereby future Inconveniences may be prevented, & yo'' Com-
plain^ Greivances Redressed
And Yoj PetitionT as in duty bound shall ever pray
John vfilkins." — Mass.
Archives, vol. 40, p. 352.
With his petition Wilkins filed an attested copy of the record of the Court of Sessions,
and of a petition to that court, signed by himself and other inhabitants of Bristol, for
relief from an alleged illegal tax, as follows : —
" Att his Majesties Infeirior Court of Quarter Sessions of the Peace for the County of
Bristoll Janv W^ 1695/6
John Saffln Esq'' Presid'
John Brown
Justices pi'sent Thomas Leonard
Nicholas Peck
Joseph Church
Seth Pope
Maj7 walley & Cap' Byfield in behalf of seuerall Persons Inhabitants of the town of
Bristoll. Endeatioring to lay before yo Justices in Quarf Sessions; the Defect of the Select
men of said town for y' they had Leveyed the Sum of fifty throe pounds, upon the Inhab-
itants without Consulting y" town about it. And for that they haue not attended the Rules
of proportion in makeing sd Rate. —
The Select men appeareing to answer for themselues, made it appeare for what they
Leuyed said sum on said Town, and that they had followed the Rule according to law in
the proportioning the same, All which was allowed by the Court there being no other
perticuler Rule for their Direction —
A true Coppie of the Record of
Court being Compard attest John Cart Clerk." — Ibid., p. 365,
" Bristol y« 15* Jan^ 1695/6
Wee y" Subscribers for O'r Selves & in behalfe of others of ya Inhabitants of y° Towne
of Bristol Informe y" Ilonor^ Justices In Quarter Sessions that y" Select men of sf Towne
have made a rate upon y^ Inhabitants, for fflfty Three pounds & Eleven pence as wee
Conceive contrary to Law & pi^ay Redress : —
And farther if it shall be adjudged y' the select men have acted according to law in
makeing y" rate/ wee complaine y' they have not attended y Law for Towne Rates in
assessing y^ same, and y' y» same is very unproportionable & unreasonable on some men,
& y select men haveing refused or neglected to regulate y same wee therefore pray
yo'f. Hono^' for releife/ John Wilkins
Will Throope
The mark of
Jer: ^ Osbourn." — Ibid., p. 366.
Wilkins's complaint to the General Court was read in the House on the second of June,
and the following vote passed thereon : —
" In the House of Representatives.
Voted and resolved That the Denial of a Jury to any of his Maj'ies Subjects, and the
Levying of money on his Maj'iea Subjects without their Consent as is set forth in the
above s;i petition, are Greviances which ought to ba animadverted on and redressed :
Penn Townsend Speaker." — Ibid., p. 352.
On the eighth of June, the following list was ordered to be annexed to the foregoing
vote and sent up with it to the Council :* —
" The Justices that were present Octo'^'' O'.'' I694 In quarter sessions Held in Bristoll for
that County when John Wilkins was Denyed a Jury were
M"" Justice Saffln M"' Justice Church
M'' Justice Browne M^ Justice Pecke
M' Justice Leonard
* Masi. Archives, vol. 40, p. 872.
[Notes.] Province Laws {Resolves etc.). — 1696-7. 493
The Select men of Biistoll for y" year y^ & y' made a Rate upon the inhabitants for
53'«. 0 : Ud; without their Consent w";i» is now Complained of are
a Natha) Blagroue
John Rofcers, now Lineing in Boston
Thomas Walker :
And In Jani'y Last when y Justices of y County of Bristoll were petitioned at y»
Quarter Sessions then in Being; against the Legallity of said Rate ; and against y* undue
liroporlion of y° same; upon y" inhabitants were present all tlie Justices of y« Said
County of Bristoll./
The Justices that are Complained of at Martha's Vineyard for denying an appeal in
Mr. Olivers Case Were.
Matthew Mayhew
Richard Sarcen
Thomas Mayhew &
James Allen J Esqfs ."— /Jjrf., j9. 572.
Against this order, and immediately following the list of justices of Martha's Vineyard,
was placed the following memorandum showing that Matthew Mayhew, the representa-
tive of Edgartown and Chihnark, agreed that the list was correct: —
" as Acknowledged by Mathew Mayhew Esq; in this House."*
On the ninth, the Council concurred with the above vote of the House, which the Sec-
retary arranged in the form in which it appears in this chapter.
The General Com-t was adjourned to Wednesday, the sixteenth of September. The
second Wednesday of the second session, therefore, was the twenty-third. Accordingly,
pursuant to the direction of this chapter, the Secretary issued the following precept to the
sheriff of Bristol County : —
" To the Sheriff of the County of Bristol his Under Sheriff or Deputy Greeting
Whereas by the Petition of John Wilkins of Bristol in the County of Bristol aforesd pre-
sented unto ye General Assembly begun and held at Boston the 27''' day of May last past.
Complaint is made by the s<i Wilkins That he being brought before the Court of Quarter
Sessions of the Peace holden at Bristol for the sij County of Bristol, the 9'.'> day of October
1694. to answer a Complaint there exhibited against him by Capt Nathaniel Reynalds,
Nathaniel Blagrove and others for a Rescous before that time comitted by the s<? Wilkins of
200 sheep by them seized, to which the s"? Wilkins pleaded not guilty. & prayed that the
Issue in Fact might be tried by a Jury & offered to pay the Fees thereof, but was denied
the same &c. which the s'^ Assembly have resolved to be a grievance, & having moved That
the Justices of sd Court of Quarter Sessions be comanded to attend the General Assembly
to answer to the s<J Complaint, his Honour the LieulGovernour with advice of the Council
directed That the sd Justices be suffloned to attend the General Assembly upon the second
Wednesday of their next Sitting —
These are therefore on his Ma'ys behalfe to require you to notify the s^ Justices Viz' John
Saffin. John Browne. Thomas Leonard. Nicholas Peck & Joseph Church Esqrs hereof,
and to suinon them to attend accordingly on the second Wednesday of the next Sitting of
the s5 General Court or Assembly being the Twenty third day of September next. Also to
notify the s<i Petj John Wilkins thereof and order him to attend at the same time to
prosecute his s<i Complaint —
You are likewise to sumon William Throop and Samuel Pelton of the Town of Bristol
aforesd and Nicholas Mory & Robert Grossman of Taunton to appear at the s^ General
Court to give Evidence relating to y<= premisses. Hereof faile not. and make Rettirn
hereof with your doings into the Secretaries OfBce at or before the s^ Twenty third day of
September next.
Dated at Boston the Twenty first day of August 1696. In the Eighth year of his Ma*y»
Reign
By Order of the Hon^'e the Lieuten* Governour &c
Is^ Addington Secry." — Ibid., p. 422.
Upon this precept the sheriff made the following rettirn : —
" By uertue of this Writt to me directed on ye S* day of this Instant month of Septem-
ber 1696 I Suinoned the within named John SalBn John Brown Thomas Leanoard &
Nicholas peck Esq£ & John Wilkins to prosecute his complaint & I suraoned William
Throop Sam" pelton Nicholas Mory & Robert Crosman all of them I sumond to appear at
the day & place Within menconed as this Writt Requiers by me
Samuell Gallap Sherriff
The within named Joseph Church Esq'' is Gon forth in The seruice of y^ cuntry & is
not to be found in my Bayliweck." — Ibid., p. 423.
On the return day a hearing was had upon Wilkins's complaint, and was continued to
the twenty-fifth, when the case " was debated at the Board, and directed that it be sent
down to the House of Representatives for them to consider of."t On the twenty-ninth,
the House passed the following votes, which were sent up to the Council for con-
currence : —
" In the House of Representatives Sept. 29* 1696 —
Voted That the Charge contained in this within named Complaint ag'. the Justices of
the Quarter Sessions is well proved.
Voted That the s"? Justices present at the denyal of a Jury, be admonished by His
Honj the LJ Governo5 in the face of this whole Court ; and shall repay the charge that
the withinnamed Wilkins sustained by their Judgment, and reimburse him his Costs in
prosecuting this Cause at this Court; The Costs to be allowed by His Hon' the L;
Govemof
• Mass. Archives, vol. 40, p. 372.
t Council Kecordfl, vol. VI., p. 476,
494
Province Laws (Resolves etc.). — 1696-7. [Chap. 9.]
tru copia taken
this a'l d:iy of
octob', 1695
p', me
Matt Mayhew
Clark
Voted. Tbat the withinnamed Select men be admonished by His Honj the L* Got-
emoj in the face of this whole Court, and pay the charge of prosecution at this Court.
Penn Townsend Speaker." — Ibid., p. 353.
On the first of October the Council read these votes of the House, and " Vot? severally
as to the Justices and Selectmen a noncurrance ; "* and upon this rebuff, Wilkins's
attempt to obtain relief through the interposition of the Legislature seems to have been
abandoned.
Upon appeal to the Superior Court of Judicature, Court of Assize and General Jail
Delivery, held at Bristol on the eighth of September 1702, the court "reversed" the sen-
tence of the Court of Sessions against Wilkins ; but the record does not show whether or
not this sentence was on the judgment appealed from.
The next year he was indicted and convicted before the Superior Court at Bristol for
" opposing " two of the justices of said court, on their journey to hold court at Bristol,
" by chaining and locking up the gate of ye sd Towne of BristoU thereby to prevent their
serving" the queen, in holding said court; "using very scurrilous & virulent language
towards y si^ justices."
[Oliver's Case.']
The petition of Nathaniel Oliver, which sufficiently set forth his alleged grievance, waa
as follows : —
"To the Hon^We the L* Govemoj Councill & Representatives In Great & Genp Cotirt
or Assembly Convened: The most humble Petition of Nathaniel Oliver of Boston
Sheweth
That yoj" Petioj on the first day of October last past did by his Attorney bring his action
against one Anthony Blaney for withholding Possession of one quartj part of ye greatest
of Eliza Islands wch of Right appertaineth to him, before y? justices of the Inferiour
Court of Comon Pleas, then ^iz* on s<i first day of Octobj' last past sitting in open Court
at Edgar-Town ; and according to the direction of s'l Court did by his s'' attorney open his
Cause and set forth his Right and Title to one Quarter part of the greatest of Eliza Islands
aforesii : after which s^ Anthony Blaney pleaded by his attorney in Barr, that the SherifT
or Marshall who Executed the writt, had not authoritty to arrest him, which Plea, after
some short argument and answer given by the attorney of yoj Petiof and advismj; upon
it by yf Court was allowed the Defend.' as sufficient to Barr further proceeding on the
plaint "of yoj Petioj" and accordingly s^_ Plea was rec*? & by order of s^ Court Entred,
and the Cause thereupon adjudged to be dismist, from which judgm' of y^ Court yoj
petionj by his attorney appealed to y.« next Superioj Court to be holden at Plyml accord-
ing as it is provided by an act of this Hon'^abie Court, & moved that his appeal might be
Entred, and for this end gave his money to the Clerk of the Court who also rec^ it, but
refused to Enter his appeal, and being m-ged thereto s^i that the Court had ordered him that
he should not enter the appeal, by which the due Course of Law is stopped justice is denyed
and yoj" Petionf is unjustly and without Remedy kept out of his Right, to his no small
damage and to his very great grievance
Wherefore he humbly Moves this HonrWe Court which alone can support the Rights and
Priviledges, and Redress the grievances of his Mafjes Leige People in this Province to take
this mighty breach upon the undoubted Right of the Subject and laws of this Land : into
yoj most Serious Consideration & provide some Redress for so great a Grievance and pre-
vent so great mischief as may hereupon Ensue, so shall
Yof Petionr always pray &c." — Ibid.,
vol. 45, p. 234.
With this petition Oliver filed an attested copy of the writ in his suit against Blaney, —
and of a return thereon which seems to have been prepared in blank by the clerk but never
signed by the marshal who served it, — and also an attested copy of the record of the court
in said case.
The writ and return were as follows : —
" Martha's Vineyard : ss :
William the third by the Grace of God of England Scotland France & Ireland King &c.
To the sheriff or marshall of Our s** County marthas vineyard his Undersheriff or Deputy
Greeting Wee Comand You to Attach the Goods or Estate of Anthonie Blaney of Eliza-
beths Islands to the value of three hundred pounds & for want thereof to take the Body of
him the said Anthonie Blaney if he may be found in Yoj precinct & him safely Keep so
that you have him before Our Justices at Our next Inferf Court of pleas to be holden for
Our sd County at Edgar town on the first tuesday of Octoj next then & there to Answer
to Nathaniel Oliver of Boston mercht Eldest son & heir of Mf Peter Oliver late of the
same place merch' Dece.d in an Action upon the case for Entring into & w"'holding the
possession of one full Qv'arter part of the Greatest of the s^ Elizabeths Islands beginning
at the Westermost End by the Indians called Kataymuck the whole Island Containing
about Eight miles in Length Lying north ward from Marthas Vineyard & South ward
from Monument Bay w^}^ s.d Westerly qvartor part the sii Peter Oliver purchased of
one Thomas Mayhew of Marthas vineyi merch' as by instruin? in Court produced Dated
27. Sepf 1666 shall appear & whereof y« s.d Peter Oliver dyed seized in fee & wch descends
of Right to jf plf as his y° s5 Peters son & heir the w">olding y possession whereof is
to y^ pl'3 Daffiage "two hundredpounds as shall then & there appear & have you there this
writt witness Matthew Mayhew Esqr at Edgar this lO"- Septj- ]cab." —ibid.,p. 236.
"in observance of the within writ I on [t] arrested the bod die of Anthonie Blanie and
carried him to Marthas vineyard in order to secure him untill the seting of the Court, but
hauemg noe prison nor convenience to secure him took bond of him (viz) his one bond
to the valve of six hundred pounds
true copia taken octob' 3 : 1695 p^ mee Matt: Mayhew Clark.' — Ibid.
* Mass. Archives, vol. 40, p. 353.
t Illegible.
[Notes.] Province Laws (Besolues etc.). — 1696-7. 495
The following is the copy of the record of the Court of Common Pleas : —
" Court of Common picas holdon at Edgortown octlji; If 95
M' Samuell Gibson attujnnlc to Nathaniel Oliver appoarcd before the seling of s'J Court,
and Entred an action against Anthonio Blanie, and mado pica to s^ action) Nathaniel
Oliver Complaineth against Anthonio Blanie of Elisabeth Ilands; for entring into and
withholding the posession of one full quarter part of the greatest of the s<J Elisabeth
Ilands, begining, at the westerraost end by the Indians caled cataimock; the whole
Hand Containing about eight miles in length Anthonie Blanie declareth to the court, that
heo humbly conceivctli, himself, not bound to answer the plaint of Nathaniel Oliver entred
against him; at this court, for that the marshall who arestcd him had noe Jurisdiction,
power nor lebertio for such action on Elisabeth Ilands, and for that he humbly Conceieth,
this court caimot by law take nor hold Cognizance of s'' plaint, and that therefore there
IS no legall plaint against him with respect to anie thing relating to s* Elisabeth Ilands
or anie part thereof
The court allow the defendants plea Sufficient to barre farther proceedings in the plaint
of Nathanioll Oliver ; at this Court and ordered sf plea to be entred
a trne copia taken out of the record this 3f day 'of octob'' 169S
pr. mee Matt : Mathew Clark." — Ibid., p. 235.
Oliver's foregoing petition appears to have been acted upon by the House and sent up
to the Council Ijefore November 30, 1695, on which day the Secretary minuted upon it that
it was read in the Council. The vote which the. House then passed upon it is as follows : —
"In the House of Representatives
Resolved That the denial of an Appeal as is set forth in s? petition is a Greviance to the
Subject, and ought to be animadverted on and redressed,
Penn Townsend Speaker." — /5jc?.,;>. 25^.
On the third of June, 1696, this petition was again read in the House, and was probably
sent to the Council with the vote thereon of November 30, 1695, unchanged. This vote,
concurred in by the Council, and combined by the Secretary with the vote on Wilkins's
petition, constitutes this chapter, as has already been shown.
The suljsequent proceedings on this petition, and that of Wilkins, were independent of
each other.
The precept on Oliver's petition was issued one day later than ithat upon Wilkins's, but
was made returnable at the same time. It ran as follows : —
" To the Marshal of Dukes County or his Deputy Greeting —
Whereas Nathaniel Oliver by his Petition presented unto the Great and General Court
or Assembly begun & held at Boston the 27'-'' day of May last past hath complained That
he the s.'i Petr having brought an action against one Anthony Blaney before the Justices
of the Inferiour Court of Comon Pleas sitting at Edgar Town on the first day of October
last past, his s^ action was dismist by y^ s^ Court upon a Plea then oflFered liy the s<l
Blaney in barr. whereupon the s^ Petitioner appealed to the next Superiour Court to be
holden at Plimouth & moved that his appeal might be entred, and for that end gave his
money to the Clerk of the s<\ Court, who received it, but refused to enter his appeal, say-
ing the Court ordered him not to enter the same, which the s<} General Assembly have
resolved to be grievance, and having moved That the Justices' of the s"? Court may be
comanded to attend the s^ General Assembly to answer the afores^ Complaint of the
s4 Nathaniel Oliver. His Honour the LieuJ Governour with the advice of the Council
directed That the s<i Justices be suinoned to attend upon the second Wednesday of the
next Sitting of y« s^ Gen'} assembly
These are therefore on his Matya behalfe to require you to notify the Justices of the
sd Inferiour Court of Comon Pleas VizJ Matthew Mayhew. Richard Sarcen. Thomas
Mayhew and James Allen, Esq''^ hereof, and suinon them to attend accordingly upon the
second Wednesday of the next sitting of the s"? General Assembly being the Twenty third
day of September next and to have with them there the Record and Process in the s^ case.
Hereof faile not and make Return hereof with yotrr doings into the Secretaries OfBce at
Boston at or before the Twenty thu'd day of September aforesd Dated at Boston the
Twenty second day of August 1696 In the Eighth year of his Ma'ys Reign
By order of the Hon^Je the Lieu' Governour &c —
Is4i Addington Secry." — Ibid.,
vol. 40, p. 424.
Upon this precept the marshal made the following return : —
" from marthas viniard September the 17* 1696
Thees may aqvainte the honorabell Cortte thatt the within mentioned somones Came to
late for to serve and allso the persones to be sommoned weare nott vpon the Hand
per me Joseph Norton marshall." — Ibid., p. 426.
The matter came up for consideration on the thii-d of October, when the following entry
was made by the Secretary in the legislative journals of the Council : —
" Oct. 3, 1696. The Petition, and Complaint, of Nathaniel Oliver, against the Justices
of the Inferiour Court of Comon Pleas for the Island of Martha's Vino Yard for Denying
him an Appeal from the Judgement of Said Court, as the Law provides, in a Case there
brought by the said Nathaniel Oliver, against Anthoney Blaney of Elsabeth Islands for
\vitholding Possession of Part of the greatest of Said Islands belonging to him said Oliver
&c was read
Matthew Mayhew Esq' One of the said Justices Appeared & Justified the Denial of an
Appeal in the Case Afores'^ for that neither the Marshall who Served the Writt, nor the
Justices of the said Court by their Comission had Jurisdiction to hold plea of any Matter,
or Cause arising within Elsabeth Islands." — Council Records, vol. VI, p. 483.
The objection raised by the defendant's counsel seems to have been well taken. The com-
missions issued to the judicial and executive officers, residing in Martha's Vineyard, limited
496 Province IjKws {Resolves etc.). — 1696-7. [Chap. 10.]
the exercise of their functions to that island. The following is a copy of the order in
Council of December 7, 1692 for the appointment of justices of the peace and of the
Inferior Court of Common Pleas in said island : —
"Dec. 7, 1692. Nathaniel Thomas Esqre this day made Report to the Board of the
settlement of Martha's Vineyard, and that Mj Matthew Mayhew, Mf Thomas Mayhew
& M£ James Allin had accepted to be Justices of the Peace within said Island, and taken
then- Oaths. He also moved upon their desire, and at the desire of the generality of the
Inhabitants, that M£ Richard Sarson might be added in the Commission of the Peace.
The Justices of tbe Peace within the Islands of Martha's Vineyard and Nantuckett, were
nominated to be Commissionated respectively for holding the Inferiour Court of Pleas
within said Islands tSc approved of accordingly. William Phips." — Exec-
utive Records of the Council, vol. 2, p. 207.
That the authority of the executive officers of Martha's Vineyard was equally restricted
appears by the following copy of the commission issued to the first marshal appointed
there : —
"S£ William Phips K^t Captain Generall and Governour in Chief in and over their
Mai'ie' Province of the Massachusetts Bay in New England. To Joseph Norton Gent:
Greeting. I do by these presents (with the Advice and Consent of the Council) Consti-
tute, Authorize, and appoint you to be Marshall of the Island of Martha's Vineyard, you
are therefore carefully and diligently to discharge tbe duty of a marshall and to make
true Returnes of all such Writts and Process issued out of their Maj'jes Courts to be holden
within the s^ Island as shall come to your hands. And further to do, Execute and per-
form all and whatsoever to the s^ Office is proper and con usable according to Law, Tak-
ing such reasonable Fees as have been accustomed or shall be appointed. Given under
my hand and seal, at Boston the Twenty fifth day of July 1692. In the flfourth year of
their majf'es Reigne —
By order of his Ex^y the Governour and Council.
William Phips." — Mass.
Archives, vol. 40, p. 266.
After it had become evident by the decision in the case of Oliver vs. Blaney that there
was no provision for the administration of justice in the Elizabeth Islands, new commis-
sions were ordered to be issued, in which " Dukes County " was substituted for " Martha's
Vineyard." This was done at a meeting of the Council on the sixteenth of October,
as follows : —
" Oct. 16, 1696. The Members of the Council being notified & summoned to attend this
day accordmg to appointment for the nominating and appointing of Justices ... of the
Inferiour Courts of Common Pleas within the several Countys, Justices of the Peace &
Sherifis in such places where there may be need and other officers.
The Persons respectively nominated and appointed as aforesaid are as follows, vizt —
Justices for the Inferiour Court of Common Pleas in Dukes County.
Matthew Mayhew -p.-rg James Allin -p^^,, .,
Thomas Mayhew ^^^- John Coffin ^^^-' etc. — Exec-
utive Records of the Council, vol. 2, p. 421.
Chap. 10. This chapter is from council records, vol. VI., p. 460. It has not been
found in the archives.
This vote was passed upon the following petition : —
" To the Honourable the LieuJ Governour Council and Representatives in General Court
assembled
The humble Petition of Samuel Gibson of Cambridge
Sheweth
That your Petitioner was lately sued before Justice Lynde of Charlestown by John
Gove of Cambridge in an Action of Trespass upon the Law of this Province against cut-
ting of Wood and Timber in another mans land and your Petitioner did there justify
the supposed Trespass and plead that the Land upon which the Trees were cut did not
belong to the PIant\e but to the To\vn of Cambridge whereof the Defend? was an Inhabi-
tant and Proprietor and prayed that the matter might not be proceeded upon before his
WorshP for that the Title of Land was concern'd but notwithstanding the s'^ Justice pro-
ceeded to give Judgement against your Petitioner for forty shillings damage, and taxed a
Bill of Cost at thirty four sliillings, wherein he has charged your Petitioner, with excessive
Fees — from which Judgement your Petitioner appealed to the Inferiour Court to be
holden for the County of Midd? and assigned as the Reason of his appeale that the Jus-
tice had not Jurisdiction in the Cause because the Title of the Land was by your Peti-
tioners Plea brought into Question, whereupon the Justices of the Inferiour Court pro-
ceeded to examine the s<i matter of the Justices Jurisdiction and determined the same
against your Petitioner and gave Judgement finally against him, that the former Judge-
ment should be confirmed. & would Not admit him to plead to the merit of the matter.
Now forasmuch as yo"' Petitioner conceives that the proceeding of the s"! Justice Lynde
were irregular, and forasmuch as upon jo^ VeP? plea to his Jurisdiction being overruled
at y Inferiour Court, Judgement ought not to have been given finally and peremptorily,
but he ought to have been permitted to plead issueably. And your Petitioner has no
relief or remedy in the premisses in the ordinary course of Law he therefore humbly
represents the same to your honours, and prays your direction and assistance therein
And as in duty bound, he shall ever pray." — Mass. Archives,
vol. 40, p. 764.
This petition which was read in the House on the third of June, 1696, is similar to
another which Gibson addressed to the Council on the nineteenth of September previous,
on which no action was taken. The House immediately passed the vote which constitutes
this chapter and which on the ninth was concurred in by the Council.
The hearing appears to have l)een continued from the ninth to the twelfth, when Daniel
Smith of Charlestown, a witness for the petitioner, was sworn and examined as to the truth
[Notes.] Province Laws {liesolves etc.) . — 1096-7. 497
of his deposition piven in full in the note to resolves, 1702, chapter 48, and copies of papers
wore tiled in the case, which show the nature of the frrievance complained of hy Gibson.
At the same time a hearing was had on the petition of Joseph llidiardson* agreeably to
an order passed during the last session of the previous yc;ir. The rec ird of the hearing
of both cases was combined in one paragraph, l>y the Secretary, and is as follows : —
" June 12, 1G96. The Record of the Several Cases inter Samuel Gibson, and John Gove
of Cambridge, and inter Joseph Richardson, Sen'' of Woburn, and Isaac Fowlo of Charles-
town, determined m the Iiiferiour Court of Coincm Pleas within the County of Middlesex
being sent for up, were read before the Court, the Justices of the said Court of Common
Pleas being present, & y" Parties thereat aggrieved were heard." — Council Records, vol.
VI, p. 4o:l
The writ, together with the officer's return thereon, in the original action brought by
Gove was as follows : —
" province of massachusets To y« sheritf of ye County of Middlesex vndr sherifT
Bay in Newengland or Constable of Carabridg or to any or Either of them
Middlesex ss
In their Majesties Names yon are Requiered to Attach the goods or Estate of Sam"
gibsonof Cambridg in Said County. & province in Newengland glouer to ye vallue of four
pounds in mony iS: for want their of you are to take the body of Said Sam" gibson if he
may be found in your precincts and him Safely keep so yt he may be had before Joseph
Lynde one of their Majesties Justices of peace within Said County, on the IS'h day of
march instant at nine of the Clock in the fore noon to Answer John gone of Cambridg in
said County & province in Newengland turner in a pba of Trespas for cuting and cariing
four trees from a wood lott of Said John goues in Said Carabridg near vnto whitamoers
farme bounded westerly by a high way Leading from menotome houses to watertoW & was
sum time the wood lott of M"" Richard Chamne deseased which four trees made near a Cart
Load : lor which damage made & don on said wood lott on the two & twentieth day of
Janr 1694/;") or near that time in said mo the said Jolm gone Claimeth fourty shilings in
mony to be paid him by said Sam" gibson acording a cordingt to the Law of "the generall
Court of said province made at the second sessions of said Court in boston begun ObrSth
1693 and Continued by adjornement to wensday the 14 day of tfebr folloing to preuent
damage in wood & timb^ said gibson haueing no leiue from any ■Pson or Ir^sons oneing
the land on which four trees did grow to cut or cary them away, as shall then and their
apearwith all other due Costs & damages : makeing true Returne of this writt as the Law
directs dated at Charlston march the 8''' Annoq DoM 1694/5 in the seuenth year of their
Majesties. Reigne ouer Englond — Joseph Ltndb
I haue Red this attachment to Sam" gibson & haue tacken bond of him acording to the
tenf of this Attachment this 9'h march i694/5
as witnes my hand. petr ToW Constable
for Cambridg." — Middlesex Court of Common Pleas : Files.
The bond given to Town by Gibson was returned with the writ, and at the time
appointed the justice" proceeded to try the case. The following is a copy of the record of
this action : —
"John gone of Cambridge plaintife against Sam" Gibson of Cambridg defend' in a
plea of Trespas for cutting & Carring away 4 trees from Said goues wood lott in Cam-
bridge &c. gone Entered his action March 18^? 1694/5 The action being Caled herd &
Considered Judgment was giuen for the plaintif John Gone fourty shiling in mony
and for Costs of the tryal one pound fourteene 14't shilings and fovr pence : from this
Judgment Sam" Gibson defen^t apealed to the next Court of Common pleas to be held
for the County of Middlesex : and gaue bond, to prossecute his apeale as attest.
Joseph Lynde Justice of peace." — 76irf.
At the trial, evidence was admitted to show that Gove and his gi-antors had been in un-
disturbed possession of the land in question for nearly fifty years under an original grant
or division by the town, and that Thomas Danforth, a magistrate, was present when the
alleged trespass was committed, and notified the trespassers of this fact. Before the trial
the plaintiff had filed a declaration or paper setting forth his title, and copies of the record
of conveyances, and there is nothing on record to show that the case did not turn wholly
upon the question of title.
From this judgment the defendant appealed to the Inferior Court of Common Pleas, at
the term to be held at Concord, on the second Tuesday, being the eleventh day, of June,
1695, and recognized to prosecute his appeal. The appellant's reasons of appeal, which
were duly filed, were as follows : —
"Midd^ S3.
Sami.i Gibsons Reasons of Appeale from a Judgmt given ag.' him by Mf Justice Lynde
on the 'l8'.'> of March 1694/5 at the suit of Jn? Gove of Cambridge from w^h Judgm.' the
s<i Gibson appealed to y Infer' Court to sitt at Concord on the second Tuesday of June
next.
The onely Reason wch the appelU assignes is for that the Justice befoi-e whom the
action was tryed had no Jurisdiction in this Cause the Law wcii Empowers Justices of
peace to try Causes of the value of 40/ or under doss expressly Except all actions of
trespass wherein title of Land is Concerned, and this action is an action of trespass to
^ych ye Def. pleaded that he had a Right & Interest in the Land where the supposed tres-
pass was Coiuitted by w£ti plea the title of y--" Land was the onely Question w^h the Justice
could not decide & therefore ought to have dismiss'd y« action & have advised y^ plf to
have brought his action in a higher Court all w^}^ y- AppelU is Ready to averr & prove
wherefore he Craves JudgmJ & that y» former Judgm.t may be Reversed
Samll Gibsox
Received May. 27'^ : 1695 p Joseph Lynde Justice of peace." — Ibid.
* See note to chapter 11, post.
t Sic.
498 Province Laws (Resolves etc.). — 1696-7. [Chap. 11.]
At the June tenn the appellee filed the following answer to the above reasons of appeal : —
" John Goiies Answ to Sam" Gibsons only Reason of Appeal from the Jndgm* of
Joseph Lynde Esq'" giuen 18"' of March. 1694/0. gluen in at Concord Court. 169.5 —
The only Reason of appeal was beca^ise ye Justice had not Jurisdiction of ye ( 'ause, and
to proue this Quotes a Law which Impowreth ye Justices to try Causes not Exceeding
forty shill : Excepting actions of Trespass where Title of Lan I is Concerned.* Title of
Land was here Concerned (Saith ye Appell') therefore not in ye Jurisdiction of a Single
Justice to try this trespass We Answer y^ y Justice had power to trysthis trespass, the
Law before mentioned notwithstanding, w'' we proue thus The Law which ye Appellant
Quotes is a Generall Law Impowers justices to try actions of Debt, Trespass, or other
matters, not Exceeding 40': (where title of Land is not Concerned) This Lawf upon
which this action is grounded, was made purposely to preuent Cutting or Carrying off
wood or Timber off another mans Land, and was made after the other Law, because that
Sort of trespass was not at all preuented there by, and therefore y Ju.'^tices axe Impowred
to try Such trespasses, by Cutting or Carrying off wood or Timber, off another mans
Land, although Title of Land be Concerned. ~ Tlaere are many sorts of Trespasses besides
(Trespasses by Cutting and Carrying off wood & Timber, but a Single Justice Can not try
them if Title of Land is Concerned) but this p'ticular Trespass by this Law they may try,
Therefore ye Justice had Jurisdiction. We hope the Appell'^ only Reason is answered
and there being no other Reason of appeal giuen in against ye Legallity of .ye Judgment,
It must be taken for granted l>y ye Appellant ye Judgment was Just and right, here is no
appeal from ye Judgment, but only from ye Jurisdiction of ye Justice. The Jurisdiction
we hope is Sufficiently pi-oued Therefore y" Judgm' is right and we hope will be Con-
firmed wi" further Costs. Axtuo Checklt for ye Defd'."— Mass.
Archives, vol. 40, p 761.
The appeal was entered and continued to the September term at Cambridge when judg-
ment was entered for the appellee, of which the following is the record : —
. " Midd^ S3
At an Inferior Court of Common Pleas holden at Camb^ Septemb^ 10"': 1695. By his
Maj'ies Justices for said County
Gibson )
tj" I Continued from Concord Court
Sam" Gibson AppellfJ i^ ^n action of appeal from a Judgm' of Court held by Josepli
^"'««' f Lynde Esqr at Charl33town3 March 18"» 1694/5. where the now
John Gone Defend' ) pit ws Cast forty shillings mone*' and one poiin I fourteen shill &
four pence Cost of Suit or Tryall, The parties apaa -ed the Attachm' Read & the Apelt**
only Reason of appeal therein pleading the Jurisdiction of y- Court That the Justice had
no Jurisdiction in the Cause. The Court determine, that the Justice that tryed the Cause
had Jurisdiction. And therefore find the Judgment good, and for the Defentlt Cost of Court
Twenty one shillings & Two pence. It is thorofore Considered by the Court that ye
Defend' John Gone shall Recouer of the appelU Saml' Gibson three pounds fourteen shil-
lings and four pence being the former Judgment & Cost of Court Twenty one shillings &
Two pence. = Executioa sent out ; Septembr ; 20"> : 1695 pr Sami-i- Phipps Cler."
— Middlesex Court of Common Pleas: Records, p. 1S4.
The case was finally disposed of by the Superior Court of Judicature, on appeal; but
the proceedings relating thereto belong to a later chapter. J
Chap. 11. This chapter is from council records, vol. VI., p. 461. It is preserved in
archives, vol. 40, p. o43.
The complaint of Joseph Richardson mentioned in the preamble to this chapter is as
follows : —
" province of ye Massatusets Bay
To the right Honou'e ye L' Govj Wm Stoughton Esqj CoiSandf in Cheife &c : together
with ye Ilonour'e hou's of lieputyes assembled in Geu'' Court at Boston by Adjournmt
ffeb: Cieti') 169.3/6
The petetion of Joseph Richardson senr of Woobourne in the County of Midd^ —
Hurabley sheweth,
that whereas your petetioner had an action in may Last, against Isaac ffouU of Charls-
towne, in a plea of debt of twenty four shillings, tryed before one of ye Justices of sd
Countr, and prouing the action obtain^ A Judgnii agst s'J foull, fi'om which he Appealed,
to Concord Court at which Court I appeared ye first day of s'l Court with four New-Evi-
dences and this Cause being Entered ye second in cource, yett was not called the first day
of s^ Court nor in its due place, ye Court being adjourned vntill ye next day, and y-^ raett
in ye morning bofore ye hour adjourned too, "& your petetio; called at the south doore,.
and i answered at ye north doore and rail into Court and made my appearance before
any Judgment Entered against me, and Intreated ye Hon^fi Court my Case might goe on,
Notwithstanding Judgment was Entered vp against me by default, when indeed I was
no propper deffendant, for I was the prime plainteff in the Case, yett the Judges ordered
Judgment to be Entered vp against your petetion;' by default, and not one line of the Case
giuen into Court, and ye Judgment Entered against me is very Erronious, as is very
Easye to demonstrate, this straing action Cost Your petetion"' aboue Eight pounds in
money besids ye loss of my Just debt such A thing as hath not been heard of in N-Eng-
Lind, for this Cause is no wais like y|; in ye law ag^.t whome Judgmf is to bo Entered by
default but hereby your hon" pctctiotij is depriued of the liberty of V true borne subject,
to hatie the tryall of his Case by A Jury, but his money taken itom him by a Couler
of yl Law, and nothing Else
* See Province Laws, 1693-3, chapter 33.
t /biff,., 1693-4, chapter 20, § 15.
t Resolves, 1702, chapter 48.
[Notes.] Province Laws (Resolves etc.). — 1696-7. 499
My prayer to Your Iloni? is y.' Yon would i)lea^ to j^rant tiic A licarinj^ and A fair
tryail of my cause in any of liis Maj^» Courts of Record in yp County of Midd'j & lett uiy
money he returned to me againe, and lett yo law deside it, si) shall your petetion; rest well
sattcsfycd, and shall Ever i)ray &c." — Mciss. Archives, vol. 40, p. 341 .
Accompanying this complaint were the following attested copies and affidavit, besides
the bill of costs claimed by Eowle in the Court of Common Pleas : —
" Midx ss
At a court houldcn in woburne one the .13.th of may 1695 by william Johnson Justice
Joseph Richardson playntifo Contra Isaac foulo defendant in an action of debt for timber
the i)layntii'e sould to said foule boath partys apoering the Attachment Read Evidences
and picas produced the Court finds for the plaintife twenty four shillings mony and Cost
of Court
the defendant apeals to the Court of pleas honlden at Concord the second tuesday in
June next Willm Johnson Jus^
A true Copie Compared with the originall one file Atest
Wob'- 20tii May 1695 Willm Johnson /««<." — /iic?.
•'Midx ss
Reasons of apeale Exhibeted by Isaac foulle of Charlstowne from a Judgment giuen
by m'' Justice Johnson of woburne one the .13 "' of may 1695 at the sute of Joseph
Richardson of woburne sen'' against him the said Isaac foule
1 for that an action of debt will not lye upon a promise but only an action upon the Case
21y for that the playutife neuer proued that the said fowle made any such promise as m
the writt is sett forth which not being don Judgment ought to haue bin giuen for the
apeallant
3'-' for that the said Timber mentioned in the writt was neuer deliuered to the apeallant
nor to his order nor into his yard nor is it fitt for his use therfore he is not Chargable for
the same vpon all which the apelant hopes that former Judgment will be Reuersed and
Resonable Cost allowed to the appeallant Isaac fowle
wobr may 20 1695 A true Copie Compared with the origenall
Willm Johnson Ji<s«." — Ibid., p. 344.
"Midd" ss
Concord July : 9"' : 1695. At y<= Inferio'' Court of Common Pleas, then and there holden
for sd County by his Maj''*'* Justices By adjournm' from ye llti> of June foregoing =
Isaac Fowl Appell' "I In an action of Appeal from a Judgment of Court held
trgus \ by Justice W»' Johnson at woburn May y 13"^ 1695. The
Joseph Richardson Defend' J Appell' appearing Exhibited to y Court the Case with the
Reasons of appeal. The Defend' orderly Called to Come into Court made Default.
Jutlgement therefore is allowed to be Entei'ed against him by default Reuersing the former
Judgment & allowing the Appell' Cost of Courts Two pounds Seuen shillings and Ten
pence. It is therefore Considered by the Court that y^ Appell' Isaac Fowl shall recouer
of ye sti Joseph Richardson Defend' Two pounds Seuen Shillings & Ten pence
Then paid without Execution by y Defend'
vera Copia Atts- Sami-i- Phipps Cler." — Ibid.,
p. 348.
" Mathew Johnson of full age saith that I see: Capt: dudly Isaac foulls aturney: at
concord court : July the :10 : 1695 : giue in a bundle of papers to y« dark of said court and
tould him there was fouls cause and this was after Joseph Richardson had done pleading
his cause might goe onne and Judgment entered up against said Richardson by default
will'" Johnson seni" testefys to the aboue written
Willm Johnson." — 76«V;.,j9. 346.
Upon the margin of the above petition is the following memorandum : —
" ^""^ ^&To'J with m^is ! t« haue a heareing next Session."*
The petition appears to have been read in the House, on the fifth of June, 1696, when
the following vote was passed : —
"Voted. In the House of Representatives That the petitioner ought to be releived,
And That the s^ petition be sent up to the LJ Governor & Council for his & their allow-
ance, and Direction of a proper Method to be used therein.
Penn Townsend Speaker."— ZJjV/.,
p. 341.
On the twelfth, the Secretary made the entry of a hearing, which appears in the note to
chapter 10, ante, printed from his record; and under date of the fifteenth, the following
votes were passed by the House, recorded in their journal, and sent up to the Lieutenant-
Governor and Council for concurrence : —
" Monday 15'-'' June, post Meridiem.
Voted, That this House will now iDroceed to the debating and determination of the Case
of the Justices of MiddU relating to the Complaint exhibited ag.' them in the petition of
Joseph Richardson sen. of Wobourne.
Voted, That the Judgment agt the s^ Richardson at the Inferiour Court was erroneous,
for that no Action lay before that Court.
Voted, That Satisfaction be made for the Cost of s<i Court to s^ Joseph Richardson, bv
the Justices concerned in said Cause : And That the Appeal be brought forward by the
Appelli;' Isaac ffowle at the next Inferiour Court at Concord.
A true Copy
Exam<i P" Addington Davenport Cler." — Ibid., p. 608.
On the same day the Council nonconcurred in the above votes ; all of which proceedings
were minuted on the back of Richardson's petition and duly recorded by the Secretary .f
* Mass. Archives, vol. 40, p. 341.
t Council Records, vol. VI., p. 466.
500 Province Law& {Resolves e^c). — 1696-7. [Chaps. 12, 13.]
The result of the conference which followed is shown in the note to resolves, 1702,
chapter 48.
Except the following fruitless petition for relief, presented to Governor Bellomont, no
further legislative proceedings concerning this case have been found: —
" To his Excellency, Richard Earle of Bellomont, Capt° Gcnerall and Gouernf in Chief
of the prouince of the Massatusets bay in New England, & of New York &c
The petetion of Joseph Richardson Sen" of Woobourn in y County of Middlsx in
New England —
Most Humbly Sheweth
That j'our Exilencyes poore petitioner, som time in ye yeare 1695 brought his action
against Isaac Fowle of Charlstown, for debt and haueing proued his action, obtained
A Judgment aginst him from which Judgment s^ fowle appeal'', to j" Court of pleas at
Concord that Same yeare, Where your petetioner suffered so much Wrong the like hath
Rarely been heard, in this land, whicli Caused your Lordship'' petitioner to Adress y»
Generall Court for Releife, And The Hon'"able house of Representatiucs, did act sumthing
in ye matter as by the Exstract from y" Journals, of the house of Representatius will
shew, which is herewith humbly offred to your Lordship, it would be too tedious, to
Truble Your Exilencey, with ye perticulers of mv Case, how I was wronged, it being sett
forth alredy in my petition, to ye Generall Court, in ye yeare (96) which petition is
lodged with ye Hon'able Secretry Addington, Now May it pleas your Exilencey when
these seueral votes of the house of Representattiues were sent up to ye Hon'able, ye
L' Gouernf and Councill, There Honi's were pleased to act nothing in it, to Effect, as 1
heard of, but, there the matter is lodged, to this day, and your petetioner is yett out of
his mony, for his debt, and all his Charges to this day, and so like to be unless your
Exilencey will pleas to Coiiiand, the Reuiueall thereof, According to that Antient Maxim,
■ A Good motion neuer dyes in parliment. Your Excelenceys poore petitioner humbly prays,
that you would please According to yo'' wonted Justice, when the next seseions of ye
Genera" Court shall Come, to CoiSand that those papers may be looked into, and liis
mony Returned, that was wrongfully taken from him, and he Inabled to recouer his Just
debti and dainages, with out which it is wholy lost — so shall your Exilences petetioner
Euer pray &c
ffeb : ye (1st) 1699/1700 Joseph Richardson." — 76?:f?.,j9. 607.
Chap. 12. This chapter is from council records, vol. VI., p. 461. It is preserved in
archives, vol. 11, p. 109.
This chapter I)elongs properly to the group of resolves, orders, etc., relating to the
establishment, etc., of towns, etc. Of the committee appointed by this order, one only
(Partridge) was a member of the Assembly. The result of the report of this committee
was the passage of the order Avhich constitutes chapter 45, post.
Chap. 13. This chapter is from council records, vol. VI., p. 462. It is preserved in
archives, vol. 88, p. 326.
In the note to resolves, 1694-5, chapter 11, the successive steps of progress in the estab-
lishment of a general postofiice, and a general mail service in this province, have been
traced, and the several grants by the Legislature in aid of this enterprise have been shown
down to June 20, 1694. In December of that year, Campbell, the postmaster of Boston,
it seems, applied to the Lieutenant-Governor and the Council for further aid. This peti-
tion has not been discovered, but the purport of it may be gathered from the following
order thereon, passed by the Council : —
"Dec. 7, 1694. Upon reading the Petition of Duncan Campbell Postmaster in Boston,
therein setting forth, that he has been at a very considerable charge out of his own pocket
in sending of By-Expresses and conveying of publick Letters at several times out of the
Post Road, and on dayes in which the publick post has not gone.
Ordered. That Ml Treasurer, in pursuance of the Act of the General Assembly, For
reviving and continuing of the Duties upon Goods, Impost, Excise and Tunnage of Ship-
ping and the Acts for granting of the same, amongst other things applied to the defreying
of the necessary and contingent charges in and about the support of the Government, do
pay unto the said Duncan Campbell for his said service the sum of five pounds.
WJ! Stoughton." — Exec-
utive Records of the Council, vol. 2, p. 301.
In the fourth session of the Assembly of 1694-5, Campbell again applied for further
legislation to protect his monopoly and to secure to him the same exemption from certain
pecuniary burdens which postmasters in other English plantations enjoyed. His petition
was as follows : —
"To the Honi'.ie William Stoughton Esqr Lieu' Governor the Council and Representa-
tives of their Ma'Vs Province of the Massachusetts Bay in New England, convened in Gen-
eral Assembly
The Petition of Duncan Campbell Post Master for the Town of Boston —
Humbly sheweth
That whereas the General Court have Enacted That all Letters and Pacquets that by
any Master of any ship or Vessell or any of his company or any Passenger therein shall
or may be brought to the Port of Boston, (other than such Letters as are therein Excepted)
shall by such Master, Passenger or other person be forthwt.h delivered to the Post Master
of I3oston for the time being, or unto his servants or agents by him or them to be delivered
according to the respective directions of the same &c as in and by the act For Encourag-
ing a Post office, doth more at large appear, Notwithstanding which several persons do go
on board ships upon their first arrival and receive sundry Letters from Passengers and
others before the same are delivered into the Post office, to the great lessening of the profits
and Revenue thereof, and to the damage of particular -t'sons there being no penalty
imposed by s ^ act for the transgressors of y® same.
[Notes.] Province Law8 {Resolves etc.). — 1696-7. 501
Your Pctilioncr therefore prays That this Ilon'^'o Court will bo pleased to affix such
penalty to the s<i Act, and so order That the same may be duciy observed, and that
ofTendcrs against it, be liable to such punishment or forfeitures, as your Ilono'"' shall
judge meet — And that all Letters brought in any ship or Vesseil be delivered into the
Post ofHce also under a penalty. Except the Letters of or belonging to the owners of such
ship or Vcssell.
Your Telitioner further prays this Ilon^ie Court That in consideration of his care,
charge and diligence in sending & dispatching away publick Letters out of the Post road
and on dayes in which the Post dos not go, (for which there is no allowance) you would
please to free him from the paymj of all publick Rates and Taxes, as also that be may not
be liable to pay Excise for the retailing of strong drinli & other liquors, in case he shall
see cause to do the same, It being only what priviledges are granted to the Post masters
in other their Ma'ys Plantations —
And yoiu' Petj as in duty bound, shall ever pray &c
Duncan Caj«pbell." — Mass.
Archives, vol. 88, p. 323.
Upon this, on the eighth of March, 1C94-5, the representatives voted as follows : —
" Voted upon Reading the petition of Duncan Caraball That all persons not bringing
Letter or Letters (Except such as the Law Excepts) that ought to be Delivered to the post
office shall pay four times as much P letter or* the Letters are payable to the post : &
Damages to be made good to the party Injured in not haveing his or their Letters by any
Persons Default, (and publick Rates to be allowed him s'' Petitioner) till y" end of the
three year mentioned in the Law Reffering to the post office." — Ibid., p. 324.
This vote failed ; the Council not concurring.
On the tenth of April, 1695, an oi'der was passed in the Councilf for paying to Andrew
Hamilton twenty-five pounds agreeably to the vote of June 20, 1694,1 and the province
treasurer in his accounts ci'edits himself with the payment of that amount.^
This was followed, December 19, 1695, by an order from the Governor and Council
for another payment to Campbell, of six pounds, || which grant was made in answer to
another petition by Campbell that has not been found ; and, on the seventh of May, 1696,
Hamilton received a second order for the payment of twenty-five pounds.H
The three years' limit for the duration of the act for encouraging a post-office** having
been nearly reached, Campbell applied to the General Court, at its first session this year,
in behalf of the deputy postmaster-general, for a revival and continuation of the act. The
following is his petition : —
" To the Rt. IloniJjjp William Stoughton Esq"" Lieu* Governour and Commander, in chief
in & over his Ma'ys Province of y Massachusetts Bay in New England, the Ilonb'e Council
and Representatives of the said Province convened in General Assembly May 27'-'' 1696 —
The Petition of Duncan Campbell Post Master in the Town of Boston in behalfe of
Andrew Hamilton Esqi^ Deputy Post Master General for & throughout the several Plan-
tations & Colonies in the Main Land or Continent of America —
Humbly sheweth. That whereas the Great & General Court or assembly of his Ma'y^
Province abovesi begun and held at Boston the 31s' day of May 1693. upon application to
them made by the si' Andrew Hamilton for ascertaining & establishing such Rates & suins
of money upon Letters and Racquets that shall be received & dispatched by the officer or
officers appointed by the said Hamilton in the principal Ports & places within y^ Province,
for y eflfectual Encouragement of the sc} General Post office & for y« quicker maintain-
ance of mutual Correspondence amongst the neighbouring Colonies & Plantations. & that
Trade & Coiiierce may be the better preserved, Did make"& pass an Act Entituled An Act
Encouraging a Post office, to continue in force for the space of three yeares from the pub-
lication thereof, which time is near expired
And Forasmuch as the s^ Post office is found to be of very great advantage to the Prov-
ince both in respect of the speedy conveyance & dispatch of Letters and Racquets to the
neighbouring Governments, and Also for the maintainance of Trade & Correspondence
between particular persons —
Your Petj therefore in behalfe of the s'] Andrew Hamilton humbly praves this Ilonb'e
Court That the afore lecited act may be revived & continued for such further time
as shall be thought meet with such further Clauses and additions for the obliging Masters
of Vess3lls & others to deliver their Letters into the Post office and to restrain their deliv-
ering of them to any other person or persons, under such penalties and forfeitures as this
Honb.'e Court shall please to enact. And whereas for forreign Letters the Rate now is two
pence apiece, out of which y« Master that delivers the same into y<' office is to have an
halfe penny. Your Petf prayes that the Rate for s<> Letters may be advanced to three
pence apiece, & the Mj that delivers y™ to have a penny thereout, which will be a greater
Encouragem.' to Masters not to deliver them to other persons.
Your Pet^ also further prayes That in consideration of the small Revenue arising by
the sd office in comparison of the charge thereof, and of y« benefit y" same is to the Pub-
lick, & also of its conveying their Letters & Racquets free of charge, this Honbie Court
would also please to continue a Salary to be paid to the s^ Andrew Hamilton towards his
defreying the charge of s<? office, which most of the neighbouring Provinces do allow, the
Province of New Yorke paying fifty pounds & New Hampshire twelve pounds •t> annitS
towards y same
And yo' Pet"" as in duty bound shall ever pray &c.
Duncan Campbell." — /6i(^.,^. 525.
* Sic: as?
{Executive Records of the Council, vol. 2, p. 319.
Resolves, 1694-5, chapter 11.
§ Mass. Archives, vol. 122, p. 62.
II Executive Records of the Council, vol. 2, p. 373.
II Ibid., p. 394.
** Province Laws, 1693, chapter 3.
502 Province Laws {Resolves etc.). — 1696-7. [Chaps. 14, 15.]
This petition was read first, in the House, on the sixth of June, and a second time on the
tenth, when, instead of specifically granting the prayer of the petitioner, the vote con-
stituting this chapter was passed, and on the next day was concurred in l)y the Council.
An order was passed in Council, May 27, 1697,* for the payment of this allowance;
which, by the treasurer's account.f appears to have been done, accordingly.
Chap. 14. This chapter is from council records, vol. VI., p. 462. It is preserved in
archives, vol. 70, p. 273.
The following is the petition upon which this chapter is based : —
" To the hon'J the Great and Generall Assembly of the Province of the Massachusetts
Bay in New England now sitting in Boston may 30">. 1696
The Petition of Thomas Sturgis of Yarmouth
Humbly Sheweth
That John Hallett of yarniouth in the yeare 1693, was in their Majti^.^ service for some
time, for w^'' their accrued to him Seventeene shillings and nine pence, who afterwards
had a Dibenture to the Treasurer of this Province for payment thereof. Butt inasmuch
as the Treasurer then informed him that the Treasury was Empty of moneys, he gave
unto y" sd Ilallett a note (beareing date February 24'.'> 1693) upon the Constable of Yar-
mouth for paym' of the same to him out of y^ Countrys mony, butt before the s'' Ilallett
could gett to Yarmouth, The Constable had returned the Countrys mony into y« Publick
Treasury, att Boston by raeanes whereof payment was deferred. Whereupon The said
Hallett (knowing yo"^ Petition'' to be often att Boston) came to jo^ Petition'' and acquainted
him how unhapily it fell out with him about y" premisses, and desired that yo'' petition''
would befriend him soe farr as to take his ord"" and pay him his moneys, w^i' att his desire
he accordingly did, after w<^'> yc Petition made his applycation Twice to the Treasurer
with the said brd'' for paym' thereof, butt by reason (as the Treasurer then informed him)
That y? Treasury was Empty, paym' of y<^ s'' ord'' was likewise deferred; Yo'" Petition'' a
thh'd Time made his applycation to y* Treasurer about j" premisses, butt by reason he
had accidentally Lost y ord'' could not receive any mony from him
Yo'' Petition'' Therefore humbly Entreates that this high & honti'e Court will soe please
to Consider the premisses as that an ord'' may be given to y Treasm-er for payment of
sd seventeene shillings & nine pence to yc Petition
And yo'' Petition'' shall ever pray. &c
Thomas Stukgis " — Mass.
Archives, vol. 70, p. 273.
The original vote from which the Secretary entered this chapter in his record was as
follows : —
"In the House of Representatives. Voted; In answer to this petition; That s.'i peti-
tionf be allowed & paid out of the publick Treasury of this province the Sum of Seventeen
shillings and nine pence. And sent up to the LJ Governof and Council for their Con-
currance. Penn Townsend Speaker
Votd a concurrance in Council June, 11° 1696.
IsA Addington Seo?y." — Ibid.
Chap. 15. This chapter is from council records, vol. VI., p. 463. It is preserved in
archives, vol. 3, p. 383.
The following is the petition upon which this chapter is based: —
" To the Great and Generall Court of the Massachusetts Province now sitting in Boston
May 27th 1696
The Petition of Charles flfrost
Humbly sheweth
That Quickly after the death of Majo'' Hooke, in the month of January 1694/5 Your
petition'' was Ordered by the Right Hon''''^ the L' Govern'' to take the Conduct and Gov-
ernrn' of all the officers & Souldiers under his majtys Pay in the County of Yorke, to see
that the Souldiers in their Several! posts constantly did attend their duty in keepeing of
Good watches, and Scouting from place to place to observe the Enemies approach ; As also
to take account of all the Publick stores that were in the hands of majo'' Hooke or else-
where— According to w^'' order I have acted ever since w"' as much care and dilligence as
in mo lay, The doeing whereof hath occasioned a great doale of Travill paines and Expence,
Aperticular acco' whereof I know not how to render, besides my owne personal! expence
there hath been a necessary Expence upon the Souldiers to Incourase them in their duty,
for which I have not been allowed any thing by the publick. And since the providence of
God hath so ordered that my habitation is a frontier, wee have l)een grently under the
pressure of the Enemy, & soe Rendred less Capable ot Scrveing the King and Country
(without Support) being much Impoverished by this Long and Grevious warr which
lorccth me to make this my humble request att this time to this lion'''° Court Which is
That you please to take my case into yo'' Consideracon and allow me Some meet Satis-
faction for ray Trouble and Expence in the matters aforesd for the time past, & Settle
some Certaine allowance for the Time to come That soe I may be incouraged to a vigilent
Care & dilligence in the King and Country s service — And be obliged to Remaine
Yo'' Thankfull faithful! SerV.
Charles ffkost." — Mass.
Archives, vol. 3, p. 382.
The vote was passed, without a preamble, in the Council, June II, 1696, and concurred
in by the House the next day. In liis accounts the province treasurer credits himself with
the amount of this allowance as paid to Frost J upon an order in Councils passed Decem-
ber 3, 1696.
* Executive Records of the Council, vol. 2, p. 469.
t Mass. Archives, vol. 122, p. 136.
t Ifnd.,x>. 101.
$ Executive Records of the Council, vol. 2, p. 427.
[Notes.] Puovince Laws {Resolves etc.). — 1696-7. 503
Chap. IG. This chapter is from archives, vol. 11, p. 106. It is recorded in council
records, vol. VI., p. 163.
The order in Council for tho p:iymont of the sum allowed hj this chapter, and the entry
in the province treasurer's accounts of the sum paid by him are as follows : —
" June 12, 1697. Whereas tho Great and General Court or Assembly at their Session
begun tho 'i/th day of May 1G9G. Voted : that there bo allowed out of the Publick Treas-
ury tho sum of Ten pounds towards tho raaintainance of tho Ministry at tho Garrisons
and Town of Deerfeild for one ycaro (then) next ensueing.
Tursuant therefore to the Aclfor granting unto his Maj'y a Tax upon Polls and Estates
passed by tho General Assembly at their sitting by adjournment the KS'ji day (jf Novem-
ber last past, amongst other things, applied for the payment of such grants and allow-
ances as have been or shall bo mado l)y the General Court or Assembly.
Ordered: that M'' Treasurer do accordingly pay unto M: John Williams Minister to the
Garrisons & Town of Deerfeild aforesaid the above mentioned sum of ten pounds.
Wm Stouguton." — Exec-
utive Records of the Council, vol. 2, p. 474.
" Paid M'; John Williams minister to y" Garrisons & Town of Deerfield the
year 1696 allowed by the General Assembly 10// -//-•"
— Mass Archives, vol. 122, p. 120.
Chap. 17. Tins chapter is from archives, vol. 11, p. 106. It is recorded in council
records, v-)l. VI., p. 463.
Tho order in Council for tho payment of the sum allowed by this chapter and the entry
in the province treasurer's accounts of the sum paid by him are as follows : —
"July 8, 1697. Whereas the Great and General Court or Assembly at then: Session
bogun the 27LL» dav of May 1696. Voted : that the sum of Thirty pounds be allowed and
paid out of th? Publick Treasury towards the maintainance of a Minister at the Garrisons
in Dunstabb for one year (then) next ensueing.
Pursuant therefore to thi Act of th3 said General Assembly for granting unto his
Majtv a Tax upon Po Is and Estates, passed at the sitting thereof by adjournment the
ISth day of November last past, amongst other things applied for the payment of such
Grants and allowances as have been or shall be made Ijy the General Court or Assembly.
Ordered : That M"" Treasurer do pay unto M£ Thomas Weld Minister to tho Garrisoas
at Dunstable aforesaid the above mont'umed sum of thirty pounds, he having attended the
worke of the Ministry there from tho 7* day of July 1696.
Wm Stoughton." — Exec-
utive Records of the Council, vol. 2, p. 480.
«' Paid Mr Thomas Weld Chaplain to the Garrison att Dunstable 10 Juno 1697
allowed by the Generall Assembly 30^, -„-."
-^Mass. Archives, vol. 122, p. 138.
Chap. 18. This chapter is from council records, vol. VI., p. 464. It has not been
found in tlio archives. The original letter constitutes chapter 56, 1695-6. See, also,
chapter 22, post.
Chap. 19. This chapter is from archives, vol. 113, p. 130.
The following petition by the selectmen of the town of Mendon is the foundation of the
vote which constitutes this chapter: —
" To the Much Honoured Generall Court Now Sitting In Boston this fourth of Decem-
ber 1695.
The Address of Josiah Chapin & Peter Holbrook Select men for the Town of Mendon
for tho Year being. In the behalfe of sd Town
Humbly Sheweth
That by Virtue of an order of the Honourable Council your Petitioners were ordered to
attend uppon this Honoured Assembly to answer for Contempt or neglect of attending a
warrant sent by the Treasurer by order of the Generall Assembly for the assessing of sixty
five pounds upon our Town, In obedience to which Your Petitioners made their appearance,
& mado answer that no such warrant ever came to their hands, nor indeed ditl_we (consid-
ering what steps the Law regulating th it Tax required) ever Judg • that sum. due from
us, ijitt being asjured thar the order of Generall Co[urt*] since that Law enacted must be
complyed with ; we are bold to represent the low & extraordinarily afflicted Estate of our
Town to Your Honoured selves hoping that we shall find that releife In your mercy, which
we are out of hopes of obtaining In another way. May It therefore please your Honors to
be informed that our Town being a frontier 1 own hath for diverse yeares past been for two
months together & that the cheefest time in y« year enforced to spend our time In watching
& warding for the security of our lives & estates which besides all those losses wo sustaine
by being driven Into heapes amounts to a great deal more than the suui demand of us, unto
which vve takeyp liberty of subjoyning that by reason of the blast on ye English graine, &
the frost taking the Indian there is not enough left to us as will (we are fully assured) serve
Ihj Town till y.o end of May & how we shall be able to subsist we know not, There is
nothing but a "small stock of Cattle left to us the most being already enforced to sell a
Considerable part of y stock to answer their assessments ; for our own parts we dread to
think wht will become of us, & how we shall be able to uphold yp Ministry of yp word
amongst us being so extraordinarily reduced, & Most, so every way unable to assist
therunto. Our hirmbb I'equcst is that the suiii above cxprest may be remit^ to us, & that
for the future we may be Considered with respect unto those Yearly troubles haue been
upon us, & which wo cannot but bo in expectation of; that we may not be enforced to
spend our Time in securing the other Towns who can (having such an Outwork) follow
* Manuscript mutilated.
504: Frovinge Laws (liesolves etc.) . — 1696-7. [Chaps. 20-24.]
their business without any such diversions & troubles, & yet have such anuall charges to
grapple with which will force us to pluck up stakes & seek releife & shelter where God
shall open a door to us. Not further to Trouble Your Honours we subscribe our selves
Your Honours bounden servants. Josiah Chapin
PETER HOLBROOK
Josiah Torrey." — Maaa,
Archives, vol. 113, p. 130.
The vote originated in the House and was passed by both branches on the same day.
Chap. 20. This chapter is from council records, vol. VI., p. 466. It is preserved in
archives, vol. 62, p. 99. See note to resolves, 1698, chapter 29.
Chap. 21. This chapter is from council records, vol. VI., p. 467. It has not been
found in the archives.
The order in Council for the payment of this allowance out of the province treasury
was passed July 15, 1696,* and the treasurer's accountst show that it was paid accordingly.
Chap. 22. This chapter is from council records, vol. VI., p. 467, and archives,
vol. 2, p. 240.
The joint committee appointed on the eleventh of June advised the sending of the letter,
a draught of which constitutes this chapter. See chapter 18, and note, ante.
At the same time this letter was written to Connecticut the following letter was sent to
the selectmen of Suffield and Enfield : —
" Boston, June. 16? 1696
Gent"-/.
The reiterated Complaints made by yoj Selves of the Molestations and Trespasses
comitted upon the Inhabitants of yoj Town by the people of Winsor within the Colony of
Connecticot under pretence of the claim made by that Goverumf that you fall within the
Line of their Jurisdiction, have been laid before the General Assembly here; which have
so far been taken notice of, as that several Letters have been written to that Governm.' on
Occasion thereof, representing to them the unjustness and unreasonableness of their said
claim, and a meeting had by Comissionrs from the respective Governm'f for the concert-
ing of methods to issue the same but all declined on their part, So that the Governmlheie
have resolved to assert and maintain their Line anciently run by men of approved and
unquestioned Skill which fully takes in yof Town, and have Signifyed the same nnto
Connecticutt ; Expecting that yof Selves do yield all due and ready obedience to the
Orders and CoiSands of this his Ma'ys Governml^ who will at all times Encourage and
defend you in so doeing, against the unreasonable and unjust pretentions and claim made
by Connecticutt. Yoj Loveing Friend
W. Stoughton." — Mass.
Archives, vol. 3, p. 58.
Chap. 23. This chapter is from archives, vol. 58, p. 156. It is recorded in council
records, vol. VI., p. 467.
In the former votes of allowance to the president of Harvard College, the House had
expressed its desire that; he should reside near the college. This year, however, the vote
which originated in the Council seems to have been passed by the House in concurrence
without condition or comment.
The order in Council for the payment of this allowance was passed October 15, 1696.J
Chap. 24. This chapter is from archives, vol. 70, p. 278. It is recorded in council
records, vol. VI., p. 467.
The year 1694-5, 0. S., closed without open hostilities of any great moment on the
eastern frontiers. The capture at Pemaquid of some leading Indian chiefs, who were
held as hostages at Boston, enabled the English, by parleyiug'with their savage foes, to
avoid a serious rupture and even to recover from captivity some of their countrvmen.
During the following summer there were occasional raids by the Indians, at Pemaquid,
Saco, and even as far north as Billerica, but upon the whole the year was signalized by
peace, which was improved by Lieutenant-Governor Stoughton to propose to the Governor-
General of New France the suppression of barbarities in the treatment of Christian men
and women attacked or captured by the Indians in future warfare.^
* Executive Records of the Council, vol. 2, p. 406.
t Mass. Archives, vol. 122, p 82.
j Ji.Kecutive Records of the Coiiacil, vol. 2, p. 420.
§ Matthew Carey was sent to (Quebec to negotiate this treaty the terms of which are shown in
the followiuf; paper remaining; in the archives : —
" Proposalls made by Mathew Gary to his Excellency Count Frontinac Gouernor of Canada in
the Beehalfe of Ohristyan Subjects taken by fforce of Armes.
First That there might bee an Accord or Agreement made Betwixt the three Gouernments
Mathachusetts Vorke and Canada That Each Gouernor Shall Indeavour Either by Order Comarid
or Persswation to Withdraw and forbid for the future all and Either of their Subjects Christians
or Indians to vse or Exercize that Bavbarous and Most luhumaino Massacre daily Inflicted on the
Bodyes of Our Subjects That is by cutting Scalping or Buruing Any of Either Nation taken by
force of Armes, ■
Secondly That If any of our Christian Subjects that for the future Shall by force of Armes fall
into the hands of Either Nation Christian or Indian Subjects that the said Subjects by their
Proper Gouen", Shall bee orderd & perswaded to saue and Preserve aliue If Possible all such
Prison'^' Men women or Children untill opertunity P'sent for their deliuery by way of Ransoms or
otherwise appointed by their respective Gouerno','
[Notes.] Province Laws {Resolves etc.). — 1696-7. 505
French privateers were infesting the coast and gave constant employment to the
Province Galley and to the two frigates which had been detailed from England. One of
these, the Sorlings, which had been sent the year previous to the Bay of Fundy to inter-
cept the ships bringing stores from France for Villebon who was in iiosscssion of the
territory on the river St. John claimed by the French, was obliged to retreat as had been
other forces sent to remove the French commander. Up to this time Massachuseti.s
(although iiitcrrupted by Villebon's hostile demonstrations) had held Port Royal and the
adjacent territory of Acadia as part of the English dominions which the colonial forces
had recovered. The exi)ediency of longer attempting to hold these posts for the crown
began now to be seriously questioned; and, accordingly, the king had been addressed by
the General Court to assume tlie burden of maintaining the fort at Pemaquid, and urged
to settle both Port Royal and St. John and to take the immediate charge of ilicso posses-
sions. In the spring of lG9fi, however, intelligence having been received that several
privateers were being fitted out for Port Royal the Assembly advised that an expedition
" be forthwith made thither for the Suppressing of them."*
This advice was given upon the report of a joint committee consisting of John Hathorne,
Elisha Hutchinson and John Phillips, of the Council, and Messrs. Byfield, Leverett, Par-
tridge, Church and Converse, of the House, which had been appointed on the twenty-ninth
of May "to consider of the Measures proper to be taken for the Securhig of the tfrontiers
and prosecuting of the Warr, and i)articularly for the disresting and removal of the ffrench
from their Settlements in the River of S; Johns ; And to make their report thereon unto the
Councill Board on Tuesday the 2*? of June next."t The report was duly made as
follows : —
"The Report of the Committee appointed to Consider of proper measures, for y»
Secureing y frontiers, & Prosecuteing y« Warr; Perticulerly for the Dissresting, and
Remoueall, of y« french from their Settlement in y" Riuer of S.' Johns.
f We are humbly of opinion, y' the Soldiers allready Raised; & in pay, be
i improued for the Strengthening and Secureing of the frontiers of this Prouince, as
\ the Hon"bie \V"n Stoughton Esq'' L'. Gouerr and Commander in^^heife; shall see
(, cause to Direct & appoint —
1
At this I made a Pause Expecting his anaweare, hee ordered mee to Proceed Bidding hia Scribe
Sett Each fcseutence in order, — •
Thirdly Ttiat It might bee nessesary for Each Gouerno'; within hia Respective Province to
appoint a Perticuler I'ereou whose Charge should bee to take Care of all Prison";' taken by force
of Armes Brought into his I'reciucts Either Sailers or seamen that Provission may bee made to
supply the Nepsesityes If any bee sick or Wounded Naked or In Want That.They may bee sup-
plyed on the Publick Charge untill in Capacity to worke or opertunity P;sent for their Trans-
portation to their llespective habitations or otherwise where the Gouerno', shall appoint Moreover
that the said Person abgue Mentioned shall at all such Occations bee Carefull to Keepe an Exact
Reircster of all such ships officers souldiers & seamen the ships Burthiu from what Port &
\vhereto Beelong Likewise the officers & mens Names who dead or aliue where Se when trans-
ported that the said Person might bee able at all times to deliuer the said account when soe
IJequired, •
Fowerthly That it may bee requisitt for a Small vessell to bee Imployed and Maintained on the
Equall Charge of the three Gouernraents for the Better and more speedy transport of Either
Subjects to the Place appointed by Either Gouernof, The mast^ or the Cornd? of the said Vessell
to haue a Pasoort from Each other for his Safe Conduct Both for himselfe & ships Company
and as Boston Beeing in the Center and the most proper place to fitt and Maintaine the said vesBeU
in Where those of the french Nations taken to New Yorke, May bee transported Either by Land
or Sea from thence to S' .lohns or where Elce appointed by their Proper Gouernof, ■
Fifthly, That for the Incorageraent of all those of our Christyan Nation thateiial! at Any tyme
buy Barter or Truck or by any other meanea Redeeme any of our Christyan Subjects men women
or Children that shall bei^ Captiveated into the hands of Either Indyan Jinimyes the said Person
soe doeing shall Receive the full vallew Either by mouy or truck and a Consideration lor any further
Charge or Trouble Moreover If the said Captive soe Bought is Capeable of Labour & the master
or Buyer soe require to worke out the said summe allowing the full Wages as is Customary to
Natives Borne of the said Province and If in Case that in the Intervall of y» said time the Ran-
some may bee Produced or the Remaining to ballance the whole that then hee or shee might haue
Liberty by the Nest opertunity to Returne to their owne Habitation
Sixthly That Either Gouerno', shall order or Comand that Neither subjects shall for the future
«■ 11 Barter or dispose or otherwise gine to any master of ships Merchants or others own'» of our
Christyan subjects taken by force of Armes men women or Children whereby they might bee
transported or sould as Slaves to any forreigne Plantations without the Lycenceof the Gouerno': or
Relations- — '
Lastly That it might bee Either ordered or forbid by Either Gouornoj that Either of their
subjects Christyans or Indians for the future to forbeare Cutting ecarri'fying or making any
Impression by herbes Rootes or Guupowdr or any such Instruments that' might disfigure the
skin in face hands or any other Part of the Body of Either Christyan Nation men women or
Children." — Mdns. Archivefs, vol. 2, p. 632.
The following memorandum on a torn scrap of paper in the same collection appears to belong
to the foregoing : —
" That at any tyme hereafter shall happen to bee Captivated into the hands of Kxihar." — Ibid.
The following order in Council for commissioning Carey was passed August 1, 169.5: —
" Ml Matthew Carey was sent to and desired to goe to'Canada, upon the Vessell now designed
thitherto fetch home the English Prisoners, and to manage that affair with the Governour of
Canada, and directed that Instructions be given him accordingly." — £'ifc«<t>e Records of the
Council, ro'. 2, p. 356.
In a communication to the New England Historical and Genealogical Register Mr. William B.
Triisk has published the above proposals, together with Carey's instructions and other interesting
docnraeuts relating to this mission. — Vol. XXIV., p. 286.
* March 2, 1695-6. Council Records, vol. VI., p. 441.
f Mass. Archives, vol. 70, p. 269.
506
Province Laws (^Resolves etc). — 1696-7. [Chap. 24.]
That his Hon', the Command', in cheife be humbly moued to giue strict ord" to
all the officers in the Seuerall fortifications & Tovvnes which are y frontiers of this
2"^ -i Province ; that they at their utmost perrill, faile not to be Constant & deligent, in
watching warding & scouting (that they be not sui-prized) which Duty, (we are
informed) is much neglected
That a Sutable sloop, or shallop, be pruuided, & sent to pemaquid, to Attend
the Occations of that fortification; in Ketching of, fish; fetching of fier wood;
and doeing any other thing nessesary & proper ; According to Direction ;
1 hat the Dkesting and Remoual of the french from their settlement in S' Johns
is Highly nessesary ; in order to the Safety & Quiett of his ma.jt't^s Subjects inhabit-
ting this Country ; for the Accomplishing whereof (By the JBIessing of God) we
are of opinion that not Less then fowr hundred able Soldiers, be forthwith Raised ;
& well equipt, in ord^ to their being transported and Landed in the most Sutable
Place in the Riuer of S.' Johns,
That Eight sutable vessells be prouided with men Sutable to Sayle them, in
ordf to transport y Said Soldiers, and that the whole be put under a Sutable Con-
duct;
That there be prouided to Carry on y« Said Designe, one hundred and fifty Bar-
rels of Porke;
Thirty thousand pound of Biskett; & flower
Six or Eight peices of Ordnance, to Bring against y^ fort in ordf to the makeing
a Breach, in Case other Attempts faile
For all which that there be prouided
Voted in y' 200 : Great shntt fitt for y-" Gunns
Negative 20 Barrels of Good powder
301 of Ball of Sutable Sises to fitt y^ small Arraes
That a time be pitched upon when y" uessells and men, and all things proper for
Said expedition may be Ready togather ; wc^ will be uery Seruiceable in ord"; to y
Lessening of y« Charge :
That Since these his Maj'.'"'' Territoryes, will haue anequall Benniffltt in Such an
enterprize (if succeeded)
That Speedy, & Due Application be made to the Gouernments of Conecticot, &
Road Island, & to the Hm >'.''« John Vsher Esq'' L' Gouer', & Command; in Cheif of
his maj'i'^*' Province of New-Hampsheire, for their Proportionable, aides, & Assist-
ances ; in this nessesary worko ;
That the Hon^We William Stoughton Esq' L' Gouern'! & Commander in Cheife
of this his maj'ifs Province of the Massachusets Bay in New-England & Vice
Admirall of the Same, be Humbly moued forthwith, to Send his Maj''e3 Two
friggotts,* to St Johns, and Bay of fundye, there to Cruse; in order to ih'e Pre-
ueiiting Supplyes & Recruites, comeing to y« french, & Indians in those partes, &
to Annoye the enemy what they Can ;
That vpon Returne of the Armie from SJ Johns they be ordered to put in at
Pemaqtiid ; for orders to proceed with .y" whole or Such part of y® Armie, as y»
Ilon^'i'ie the Lt Gouerf shall thinke meet to appoint; to march toy head quarters
of our Indian Enemye & to persuethem as there may be Oppertunily & Occation./
JoHX Hathorne I
Nathal Byfield J In y<^ name & by the ord^ of
the Committee." — Mass. Archives, vol. 70, p. 274.
On the third of June this report was sent down to the House where it was immediately
read a first time. On the fifth it had had its third reading in the House and was sent up
to the Council with the following vote thereupon : —
" Thj ffirst Second Third and fflfth paragraphs of this Report were read in the House of
Representatives, Voted and pass'd in the Affirmative and sent up to the Honobie the
L' Governor and Council for his and their Assent thereto.
June 5'-i> 1696. Penx Townsend Spanker. "— Ibid., p. 275.
At the same time the House passed the following vote of advice that the governments
of Connecticut, Rhode Island and New Hampshire be applied to, to furnish assistance in
the undertaking : —
"Whereas the frontiers of this his Majti.es Province is uery Large, which are Continu-
ally exposed to the Rage and Cruelltys of our french and Indian Enemies; the Secureing
whereof Cal's for such a Constant Supply of Such a number of Soldiers to Be in Garris-
son, & to Attend the Dutycs of watching & scouting; and also the Keeping out of the
Galley to Secure y^ Coast, & to be a Conuoye to the Coasting uessells, coming into,
and say Icing from this Prouince; all which are accounted highly nessesary to be done;
and Since these his Majti'?^ Territoryes haue an equall beniffltt with our seines, in the
Secureing the Coast, & frontiers of this Province; the Great Charge where of is become
unsnpporta'ile by his Majt'cs Subjei'tes inhabitting this Provmee we are Humbly of
opinion that speedy & Due Applications be made, to the Gouernments of Conecticoat, &
Road Island; & to the Honiihie John Vsher Esq' L' Gouer' & C>)mand' in cheife of his
Maj'ies Province of New-Hampshire for such aides & Assistances as are absolutely nes-
sesary to inable his Maj'ies Subjects here to Defend & secure y<= Province. " — /6tfZ., p. 276.
The report contained tlie minute, in the margin, which appears opposite the fourth clause
as here given. On the same day the report was read at th3 Board, and on the thirteenth
it was read again, "and left to further considerations."
The vote which constitutes this chapter was read first, in the House, on the sixteenth
of June, sent up to the Council for concurrence, concurred in, and signed by the Lieu-
tenant-Governor on the same day.
• The Sorlmga and the Newport Galley.
[Notes.] Province Laws (Resolves etc.). — 1696-7. 507
The act,* under which similar encouragement had boon given for the prosecution of the
war against the Indian enemy, would have expired on the twenty-eighth of June, 1695,
had it not hcon continued to the seventeenth of August by a later act.-f This chapter con-
tinued the provisions ot'llio later act in force until December 10, 1696.
There is a material omission in this chapter as it appears in the records of the Governor
and Council. After the word, " for," in the sixth line of the order, as here printed, the
eleven words which next follow are not recorded.
Besides the naval preparations for the Bay of Fundy, which consisted of the two frigates
of the Ens^lish navy — the Newport Galley, Captain Paxton, and the Sorlings, Captain
Earns, nnd a yacht tender, — an Essex regiment of about four hundred and sixty men
under Lieutenant-Colonel Bartholomew GedncyJ was detailed for duty oi\ the eastern
frontier to rendezvous at Kitteiy or York and Ihero to join, if need be, an equal force of
English volunteers from Connecticut, Rhode Island and Massachusetts, and some Indians
from Bristol County, under the command of Major Benjamin Church, who was to head the
expedition. J
For the results of these expeditions see the note to chapter 35, post.
Chap. 25. This chapter is from archives, vol. 113, p. 137.
The following is the petition referred to in this chapter : —
" To the honorable William Stoughton, Lif^ Govn'' the honourable Council, and assem-
bly of the great and generall Court of the Massathuscts Bay in New England
"Matthew Mayhew of Marthas Vineyard, representing the towns of Edgartown and
Chilmark, on the s'' Marthas Vineyard, humbly prayeth.
That whereas, the inhabitants of the said Marthas Vineyard were by an act passed in
this great and generall Court Doomed to pay the summe of three hundred pouml, as their
proportion, of a tax or assesment, for raiseini; the summe of thkty thousand pounds to
be raised in this province; and whereas the inhalntants of sd Island Marthas Vineyard
have prayed that the said summe should not be there collected for divers reasons therefore
oiiered; and whereas they humbly conceive that by reason of s'' doom they have been
Estimated, as more of Estates lyable to bear, the charge of the province then, had their
Estates been truly known, would have been of them demanded. Therefore s'' Matthew
Mayhew in behalf of s'' Island prayeth that by an act of this great & generall Court,
the s<J summe of three hundred pound may bee, remitted, and they shall more chearfully
pay the severall summes, now as due demanded of them ; all which yo"' petitioner humbly
laying before this great and generall Court, humbly prayeth for, and shall alwais pray &c
Yo"" hours humble Supplican'
Matthew Mayhew." — Mass.
Archives, vol. 113, p. 137.
The petition was read first in the House on the seventeenth, on which day it was passed
by both branches.
This abatement was recognized in the tax act passed the same day. See Province
Laws, 1696, chapter 3, § 6.
Chap. 26. This chapter is from council records, vol. VI., p. 468. It is preserved in
archives, vol. 16, p 519.
It is not certain that the vote which constitutes this chapter received the approval of
the Lieutenant-Governor, which was indispensable to its becoming a law. In the petition
to the General Court in 1701, which is hereinafter printed in full, the petitioners declare
that this " bill " was " never psrfected," — a declaration which would scarcely have passed
uncontradicted if it were not true. Still, since the vote remaining in the archives has all
the characteristics common to perfected votes and resolves, and was, moreover, recorded
by the Secretary as having been passed, it has been deemed proper to include it here and
to leave the question of its validity to be determined by other inquirers.
The following is the petition referred to in the preamble of this chapter : —
" To y8 honoti.'e ye Great & Gener" Court convened at Boston May. 27- 1696
1 he Petition of Elisha Cooke Jn" wiswall & Jn° Floyd
Humbly sheweth
That in the time of y late Goverum.' managed by y President & Council yo"" Peti-
tion's with others their Tenants were turned out of y possession of several messuages
& Tenements at Rurany Marsh which was y" late Cap.t Keayns Farme & a Pasture in
Boston at y" Suits of (."oU'i Nicholas Paige & Anna his wife who were then put into ye
possession thereof; which Judgments j^o'' Petition" conceiving to be verry erroneous &
unjust did at ye Inferior Court held at Boston in Octoly last past enter our Action of
Review ; but several of y^ Justices of y" s'' Court declaring their Opinion, That by y
Lawes of this Province all such Actions are barred yo"" Petition'? were denyed to proceed
with s^' Action, whereliy they are rendred incapable to recover their Right
Yo'' Petitiono'^ do therefore pray that by y*" Authority & Justice of this hono^je Court
they may have relieflT in y« p'^misses, & be enabled to Review ye s<i Judgm's
And shall ever pray &c." — Mass.
Archives, vol. lG,p. 519.
This petition was read in the Council on the sixteenth of June and sent down to the
House where it was concurred in on the seventeenth.
* Province Laws, 1694-5, chapter 10,
t Ibid., 1695-6, chapter 3.
j Gedney marched with his resriraent from Salem before the middle of August. He was accom-
panied by a troop under Captain John Turner. — Mass. Archives, vol. 51, pp. 63, 64.
§ Church sailed from Boston without his full complement, on the fifteenth of August — it hav-
ing taken him until that time to raise and equip his forces and to furnish himself with whaleboats
in which to convey his men in pursuit of the enemy up the narrow and shallow inlets of the coast
of Maine and Acadia. Ue remained at Piscataqua nearly a week for reeuforcements which never
came.
508
Province Laws {Resolves etc.). — 1696-7. [Chap. 26.]
Tnrell.
versus
Dyer:
Cooke &ca
versus.
Paige.
Cooke &c».
verxus
Paige. —
Tlie actions sought to be re\iewcd were two writs of ejectment tried according to the
technical forms of the English law. The following is the record of one of these suits : —
" At his Majesty's Court of Pleas and Sessions of the Peace holden in Boston for Suffolk
on yf 27"" of July 1686 Anno RRis Jacob! Angl'^ &ca Secundi Secundo. —
Present :
W" Stoughton Esqj •
Judge
John Pynchon. ] Richd "Wharton. )
Wait Winthrop. [Esq^ John Usher. |-Esqr»
Edw^ : Randolph, j John : Richards J
Simon Lynd
Assistants.
Daniel Turel Plant, versus Giles Dyer in Ejectione firma from two messuages or Tene-
ments scituate lying and being in Rumney Marsh, and one acre of Pasture Land in
Boston, in the Cbimty of Suffolk : Capt. Nathaniel Thomas attourney to Capt Nicho : and
Dame Anna Paige the Lessoi^s of the Plant, appearing; and Elisha Cooke in behalf of
m" Eliza Cooke, Is? Lewis; John Wiswall sen'' John Wiswall Jun' and John Floyd
Tenants in Possession were admitted defendts and Entered into the following rule of
Court :
It is ordered by the Consent of Nathaniel Thomas attourney to Capt. Nicho : and Anna
Paige Plant, and Elish i Cooke for m''^ Eliza Cooke and Is-* Lewis. John Wiswall sen'' &
John Wiswall Junj and John Floyd for themselves in the County afores"", for that the
s^" Elisha Cooke &ca are allowed defendents who are without delay to appear and plead by
themselves or attourney to a genarall Issue at this Court and at the triall thereupon to be
made the s'^ Cooke &ca shall appear in their proper Persons or by their Counsell or
attourney and acknowledge a lease, Entry, and Ouster, or That in detect Judgement shall
be Entered against the Casuall Ejecto'' but further prosecution against him is suspended
untill ye &'^ Elisha Cooke &c'' have made a defect in some of the premises and by the
assent of the Counsell it is ordered further by the Cotirt that the afores'' Elisha Cooke SiC"
shall Take no advantage against tlie Plant, for his not prosecuteing upon the triall occa-
sioned by such kind of default, but that the afores<' Elisha Cooke &ca shall pay the
Plants Codts of Court to be appointed; and it is further ordered That the s'^ Capt.
Nich"^ and Anna Paige Plant, shall pay the Costs of the defendents, which the s'' Court
shall appoint or adjudge :.
at the s'' Court by adjoumm' Augp 5. 1686
The pleas of both partyes being fully heard and evidences read the Case was Committed
to the Jury who returned their verdict thereon they found for the Plant, the Lands and
Tenements sued for and Costs of Court. It is therefore Considered by the Court That the
Plant? shall recover the afores<i Lands and Tenements, and additionall dammages for
Costs of Sute :
The defendents appealed fi'om this Judgement unto the next Court of Grand assise;
and the afores'^ John Wiswall sen'' John Wiswall jun"", & John Floyd, & Elisha Cooke
for mrs Eliz? Cooke and Is^ Lewis, became bound Jointly and severally to our sov: L^
the king in the sume. of two hundred pounds mo5y upon Condition that they will prose-
cute their appeale at the afores<J Court of Grand assize to effect. " — Records in the office
of the clerk of the Superior Court in Siiff'olk County.
The following is the record of the case in the Court of Appeals and Grand Assize, upon
appeal ; —
" Att a Court of Appeals, Grand Assize and generall Goal delivery holden at Boston in
ye county of Suffolk in the territory and dominion of New-England Novemb^ 2'i 1686.
Annoq; RR^ Jacobi Angli'^ &C'' Secwido,
Before ye honoi^ie Joseph : Dudley Esq"" President &&»
W™ Stoughton Esqr Dep : Presidt.
Peter Bulkley Edward Randolph 1
Richard Wharton Waite Winthrope
Bart : Gidney John Usher
and Edward Tins
J
Esquires &
of y" Councell
Elisha Cooke, John Wiswall seniol John Wiswall jun'' and John ffloyd Appellants
versus Daniel Turell Lessee of Capt Nicholas Paige and dame Anna Paige his wife appel-
lees, from ye verdict of Jury and Judgement of the court of pleas, holden for his majestie
at Boston for the County of Suffolk on the 27'-'> day of July 1686 . Annoq; RR^ Jacobi
Angli'^ &ca Secundi Secundo. That is to say.
[Ilei'e the record of the case in the court below was recited.]
The defendants appealed from this Judgement, unto his majesties next court of appeales
and grand Assize, to bo holden at Boston before the Honourable his majesties President
and Councell lor this his Majesties territory and Dominion of New-England November
the 2<i 1686., — ■
And accordingly at this day the said Appellants Elisha Cooke, JohVi Wiswall senf John
Wiswall junr and Jn? fHoyd came into this court, and defended the wrong and Injury
when &e» and say (as in ye former court they said) that tlity are not guilty of ye tres-
passe and ejectment as the Appellees have objected against them ; Therefore the Provost-
marshall is coiSanded to suinon a Jury to try the said case betweene the said Appellees
Daniell Turell lessee of Capt: Nicholas Paige, and Dame Anna Paige his wife, and the
said Apellants, for that the said Appellants as well as the s'l appellees have put them-
selves upon the Jury &c? and the said Provost-marshal 1 did according to the comand of
y court, present a pannell to try the s<i case, vizt
Joseph Lynds. John Minott
Sampson" Sheafe. Peter Woodard
Francis Burroughs William Deane
William White. Samuell ; Goffe.
Daniell Brewer. John : Hammond.
John : Breck. John Mosse
Juro".
[Notes.] Province Laws {Resolves etc.). — 1G96-7. 509
who were empaiiiicllcd and s'.vorno accordingly to try the said case, and the pleas of both
parties Ijtiing liilly licard and evidences read, the said case was Comittcd to Ihc Jury vi/.t
the said Josopli Lynds, ISampson Slieafo, Francis Biirroughs, Widiam White, JJanioll
iJro^ver, John JJiocli, John Minott, Peter Wo(;dard, William Deane, Sainuelt Goffe, John
llanioMil, it John Mosse. who being rcqnired to give theyr verdict in the said case, being
enipannullod and sworne as aforesaid, and tlie marshail sworne to keep them and they
rLitmiiud into the court and doj say upon theyr oaths that they find for the Appellees Coets were
conlirniation of tlie verdict of the former jury vizt, they found for the Appellees, the Lands i , a
& tenements sued lor and costs of courts./ 18:05:8
Therefore, itt is considered by the said court yt the aforesaid plaintiflfo, ought to recover
his aforesaid tearme yett to come, of & into tlie said two messuages, or tennements, Scit-
uaie Lyeiug and being att ilumney marsh in y^- township of Boston, and also the said
acre of pasture land in Boston, all m the County of Suffolk afores'' with theyr appurte-
nances to enter.
And now the s' Appellants, Elisha Cooke, John Wiswall senj John Wiswall junf and
John Floyd appsalod from the said judgement of this his majesties court of Appeales and
Grand- Assize, to his majestie in Gouncell, which appeale was allowed by the court upon
condition, that the said Appellants forthwith give bond with suflicient sureties to the
vallew of one thousand pounds sterling unto the said Capt" Nicholas Paige & That
they the s'' Appellants by them selves, or theyr Lawfud attorney, doe draw forth from
the Secretary, and Clarke of the said court, coppies of the Records, Judgement, pleas &
Evidences on both sides, and Lay the same before his sacred majestie in Councell, and
prosecute the s ' Appeale to efect, soe as to shew forth before his majesties said President
& Councell, or other his majesties Gouuernment for the time being for this territory,
within nine months next comeing, (or such farther time as his majestie shall please to
allow) his Majesties tlnall judgement and resolution in the said case of Appeale, and his
direction thereon, and pay such costs as shall be Determined by his Majestie, within [*]
d.iyes next after the returne of such Judgement." — Records of the Superior Court of
Judicature, 1680-1700, pp. 3-8.
The act of December 11, 1693,t provided " That when any tryal, judgment, sentence or
decree has been had, given or made in any of the county courts within the late colonies
of the Massachusetts or Plimouth, or province of Main," since the year 1686, "and no
review or appeal thereupon heretofore had and prosecuted, it shall and may be in the
liberty of either party . . agrieved, within the space of twelve months next after the date
of" the " act and not afterwards, to bring his or their action of review to the inferiour
com-t of common pleas to be held for the same county where the action was first tryed."
A right of appeal was also given from the judgment of the Court of Common Pleas.
Elisha Cooke and others, against whom judgment had been given as above, brought a
writ of review in the Court of'Common Pleas for SuflFolk at the October term, 1695. The
case was continued to the January term 1695-6 when the plaintiffs in review were non-
suited. The following is the caption of the record and the conclusion of the judgment of
that court : —
" At an Inferiour Court of Common Pleas holden at Boston for the County of Suffolke
on the First Tuesday of January 1695/6.
Present
Elisha Hutchinson
John Foster.. — •
Isaac Addington
Peter Seargeant
Esqrs
The Parties appeared. The Def' pleads. That the now PH^ their writ of Review ought
not to have & maintain agj the Defend's in this Court, for that no action will ly in this
Inferioj Court of Pleas upon a Judgern' given in the Court of appeals or Grand assize
mentioned in the VX^f writ and also for that there are several other persons mentioned in
the Pi-ocess, Record & Judgem? upon wcii the writ of Review is brought w<-'> are not men-
tioned in the writ of Review nor any 'legal representative also that the sd action of
Review is barred by the Province Law Entituled An Act for Establishing Courts of Judi-
cature &c page 41. The Court advising thereon, are of Opinion the action could not pro-
ceed."— Records in the office of the clerk of the Superior Court in Suffolk County.
In the hope of reversing this judgment of the Inferior Court of Common Pleas, Cooke
made the application first above described. Whether this chapter was really passed or
not it is certain that the defeated party did not again resort to the courts until after the
act of December 11, 1693, had been disallowed by the Privy Council In 1701, at the
November term, in Suffolk, of the Superior Court of Judicature, of which Cooke was one
of the justices, he and his co-plaintiffs entered another action against Daniel Turell " on
review of a plea of trespass and ejectment," — being the last trial of the case in the Court
of Common Pleas. Here the plaintiffs in review were again defeated, the judgment of the
court being as follows : —
"Its Considered by the Court that the Law of this Province Entituled an Act for
Review in Civill Causes^ made in the Thirteenth year of his Majestys Reign doth barr
this action from proceeding and that the Defend' recover Costs of Court."
Upon this final defeat the discomfited parties again applied to the Legislature in a peti-
tion which is given below, and in which the story of this case is told with sucli ful-
ness that no comment is necessary. It is as follows : —
«' Province of the Massachusetts To the Hono^'ie the Great and General Court or
Bay in New England. Assembly convened at Boston February 18. 1701
The Petition of Elisha Cooke, John "Wisewall, Sarah and Hugh Floyd Administrators
of John Floyd.
* Cancelled so as to be illegible.
t Province Laws, 1693-4, chapter 11, § 1.
X Ibid., 1701-2, chapter 6.
510 Province Laws {Resolves etc.). — 1696-7. [Chap. 26.]
Hnmblv Sheweth
That your Petitioners Predecessors Mess'* Rich ird Cooke and John Wisewall in Decem-
ber 1663 bought of M' Edward Lane a Farme at Rumney-Marsh and one Acre of Pasture
Lan I in Boston which did formerly belong to Cap' Roliert Keayne Grand fathsr of M"
Anna Paige, Which they and their Assignes enjoyed without any Suit brought against
them for more than Twenty years — Tliat after the Quo Warranto came against the Gov-
erment and I)efore the change thereof Coll Nicholas Paige and his Wife sued for posses-
sion of said Farme and Pasture in two actions upon this only Plea, That the s'' Anna is the
next of Kin to s^ Cap' Robert Keayne and therefore all the Estate he dyed seized of did
descend and appsrtain to her as heir, but s<i Keayne having by his last Will & Testament
disposed of his whole Estate both Real & P'sonal and so'bioke the descent, They were
cast in both Suits notwithstanding they continued them to ye last Remedy of attainting
the Jury.
That "in the year 1686 after the Change of the Goverment s^ Coll Paige and his Wife
brought their actions again for s^ Farme & Pasture, one at Boston in July, the other at
Cambridge in October'fol lowing (not by Review) but Ejectione firmce, under fictitious
names, a Way of Trial which this People were alltogether unacquainted with, having
never been practised in New England before, and Judgments were Rendered for the
Plantitfs and afterward confirmed by the Court of Appeals held at Boston in November
following, and Executions Issued accordingly and the Plantitfs put in possession.
That upon the happy Revolution 168!:» one of your Petitioners was l)y the Goverment
sent for England to serve them there, in whose Service he continued about three years,
and was thereby hindered of recovering his Right during y' GovermJ And upon his
Return finding that by a Law of this Province Entituled an Act for the quieting of posses-
sions & settling of Titles ; Three years possession after the first of October 1692 would
give an uncontroalable Title to the possessors. Your Petitioners anno 1695 and before the
expiration of the three years brought their Action of Review of one of the Actions &
Judgments obtained against them by s^ Coll Paige and his AVife in 1686, but were denyed
to proceede therewith, The Justices of s^ Court declaring that by a Law of this Province
made anno 1693 all such Actions were barred. Whereupon your Petitioners addressed
the General Court in May 1696 praying to be enabled to Review the s<i Judgments, for
which a Bill was passed by the hunoie Council & consented to by the house of Represent-
atives, but never perfected. The year following the afores<i Law for three years possession
Entituled an Act for quieting of possessions &c was returned repealed by his Majesty.
And in October 1697 another Law was made Entituled an Act of Limitation for quieting
of possessions, which required a quiet possession from October \^} 1692 untill October 1st
1704. to give a good Title. And sometime after, the forementione'd Law made in 1693 (by
which your petitioners were sayd to be barred in their action of Review) was also b\' his
Majesty Repealed.
The Petitioners now thinking their way clear for recovering their just Right in s'l farme
and Pasture did in November last commence an action of Review for Reversing one of s^
Judgments against them in 1686, but were again barr'd from proceeding therein by an Act
of this hono'^' Assembly Entituled an Act for Review in Civil Causes made in May last,
which your petiiioners humbly conceive to be a great hardship upon them : The Limita-
tion of three years in the Proviso in that Act being so worded as its construed to look
backward, whereas none of the former Acts respecting Actions of Review had any such
Retrospect and my L'J Coke in his Institutes p' 2. pag. 292. saith It's a Rule and Law in
Parliament that regularly Omnis nova constitutio futnris Temporibus formani bnponere
debet, non prateritis. It's a common saying Laws ought to look forward and not back-
ward. By this Act if Construed so as to look back your Petitioners and all others against
whom wrong Judgments had been obtained three years are denyed the Benefitt and Priv-
iledge of the s'' Law Entituled Limitation for quieting possessions, which gives libertie to
all men to bring their Actions for recovering their Right in Lands at any time before the
first day of October 1704. Which this Law if it look backwards forl)ids, which we presume
was never the Intent of s'' Law : thus those two Laws seem to militate as in the Case of
your Petitioners, Coll Paige being possessed by Virtue of Judgment the Petitioners can-
not recover possession without setting a side the s'^ Judgments, and Our Lawe provides
no other ways or means to reverse a Judgment but by an Action of Review, and this Law
sayth they shall not Review.
Your Petitioners therefore humbly pray, that they may not be forever out Lawed, hut
by the Authority Wisdome and Justice of this hono^ie Court they may have ReliefF in the
premisses, and either by a Special act or otherways as to your prudence shall seem meet,
they may be enabled to Review the s<i Judgments
And your Petitioners shall ever pray &c
Elisha Cooke
John Wiswall
Hugh floyd." — Mass.
Archives, vol. 4o,p. 272.
This petition was read in Council on the twenty-sixth of February, 1701-2, and read again
the next day, when it being put to the vote " whether the petition should be granted ? " it
was declared in the affirmative. On the next question " whether a private bill shall be
made for the relief of the petitioner ? " it was also decided in the affirmative by the voices
of fourteen coimcillors — five of them saying "provided that Col. Paige be notified."
A third question was "whether Colonel Paige shall be notified to attend tomorrow, at ten
in the morning, or sooner if it may be ? " — which was also decided affirmatively. Paige
" was accordingly notified, and appeared," and on the twenty-eighth, the day the Assembly
was adjourned or prorogued, a bill was brought in to the Council to enable Cooke and
others to review the two judgments rendered against them in 1686. This was all that
was done in relation to this matter during that session.
The bill was revived in the next Legislature, and proceeded as far as a second reading
on the tenth of June, 1702, when it was dropped.
[Notes.] Province Laws {Resolves etc.). — 1696-7, 511
This case, it would seem, ])rovc(l interesting to others besides the parties engaged in it.
ToSewall's phlegmatic mind it was a forensic joust worthy to he specially remembered;
and, accordingly, in 1G86, ho recorded Paige's victory in tiie lirst tilt, and, under date of
September 18^1095, he makes the memorandum, "This day . . Mr. Cook enters the Lists
with Col. Paige, and sues for Capt. Keyn's Farm again."* The good judge with all his
caution to avoid giving offence did u"t escape the displeasure r)f (.'ooke tor the course ho
felt bound to take when the (jucstion of notifying Colonel Paige of the pendency of the
bill came to bo passed upon in the Council. This is shown by the following passage in
his Diary : —
" Feb. 28. Yesterday Mr. Cookes Petition to enable him to sue Col Paige for his Farm,
was brought forward. I moved that Col Paige might be Notified and 4 more. Mr. Cooke
seemed displcas'd, and in way of Displeasure said twas to delay his Business : was sorry
I was so far engag'd in it. For this, and because of Sherbouru case, I chose to stay
from Council this Forenoon ; that might avoid being present when suspected, or charg'd
with Prejudice. . . ." — Vol. II., p. 34.
Chap. 27. This chapter is from archives, vol. 48, p. 266. It is recorded in council
records, vol VI., p. 469.
The province treasurer's accountsf from November 11, 1696, to May 22, 1697, ohow that
thrt e hundred pounds were paid " .lohii Walley, esquire, on behalf of the honorable
William Stoughton, esquire, Lieutenant-Governor."
Chap. 28. This chapter is from council records, vol. VI., p. 469. It has not been
found ill the archives.
By the tax act of March 7, 1695-6, the towns of Chilmark and Tisbury were assessed
£21 6s. 8rf. each to equalize taxes formerly laid, in which those towns had been under-
taxed.
The following petition indicates a feeling of resentment, in Tisbury, at a supposed
inequality in the valuation of estates in that town as compared with the other towns of
Martha's Vineyard, the proposition as to a new system of appraisement seeming not to
have met the approval of the General Court: —
"To the honerable the Leu'p' Gouernor & Council & Repesena'i"' assembled In Gen-
eral I Court in Boston, y; 12 day of march. 1695
Your most humble petitinor, In most humble manner sheweth Being desiered by the
freeholders of Tisbury on marthas vineyard, To moue the Consideration of theire most
humble petition &c. And haueing much debated y matter, before y honor<J Commity,
about yf dispropotion of the provinc Tax" on marthas vineyard, major mayhew saying
that Tisbury had vndervalued their Lands, may be [t] admier^ seeing, that major mayhew
knoweth himselfe and his Breatherin only, did produce Leasees of their farms Lett for
about forty or fifty shillings by the year, of y' which honnest Renters would giue aboue
Tenn times the value for by the year. To Consider y' major mayhew his breatherin And
kindred say their lands and Estats is only in Edger town & Chilmark or precincts, where
Those farms was so Let by Lease, from one Brother to a nother, & from y« vncle to the
Cousen, & from y Cousen to the vncle, At Length major penn Townsin made sum Eaquell
proposals, for the better satisfiing of the Inhabitants for the futor, &c —
And your humble suniicant prayeth the honnored house to pass an Act, That There
shall be six assesors Chosen, that is, Two of Each Town on marthas vineyard, &
vnder oath to Take aTru List of all Rateable persons & Estats, on marthas vin[eyj]ard
& precincts, And to make one assesment on the whole obseruing the Law of apprissals
of all Estats, And when the dew proportion ariseing in each town, is found. And
deuided. the major part agreeing. To deliuer y« assesment of each town or precincts, to
the Constable of each Town to Colect the same. And this Act to take place for the asses-
ment of the proninc Tax, to be payed in June 1695— be a Rulle for Raising all prouinc
tax'^ on y vineyard, for the futor. And that the Town of Tisbury bee inlarged by
annexing the Lands and Inhabitants as the humble petition prayeth, — But If y^ hon-
nored house would please To make Tisbury And Chilmark & precincts, to be one Town
or parrosh for the better carrying on all publique affairs there (it might be much for our
peace And well being) for want of such an able settlment, our foundation is out of fram,
bein;j in peces, what Can we doe, but praying your Aid, And for your prosperous Gouer-
ment, Is the desier of your most humble suplycant.
Simon Athearn." — Mass.
Archives, vol. 113, p. 111.
The object of this chapter, evidently, was to empower a newly-appointed constable to
collect the taxes which had remained uncollected by a former constable who seems to
have had some sufficient excuse for not completing his collections.
Chap. 29. This chapter is from council records, vol. VI., p. 470. It is preserved in
archives, vol. 101, p. 42.
The following is the jjetition mentioned in the preamble to this chapter : —
" To the Honorable the Leiut Governor & the honoured Council w'^ the honoured Rep-
resentatives Sitting in Gen" Co"" at Boston. Nov: 20 — 1695
The hum! lie Petition of yo"' distressed Petitioner sheweth. That once more I fling my
selfe at the feet of yo"' Honors, & y« Low Condition of my poor family doth necessitate me
to importune yo^ Clemency to heare me = I have formerly applyed to 50ur Honours to ba
considered & abated w'^ Respect of the Country rate w<^i' was put Into my hand 1691 to col-
lect w"'' because I could no wayes obtaine any vessel to transport the same from Hartford
* Diary, vol. I., p. 413.
t Mass. Archives, vol. 122, p. 82.
X Manuscript mutilated.
512
Province Laws {Resolves etc.). — 1696-7. [Chaps. 30-35.]
to the Bay Lay on iny hand Two summers & a peice of a Third suiner, w<='> It must needes
I)e that It sustained more Lossc then I may be credited or accepted for forgivenes or abate-
ment. Could 1 have had a vessel provided me to have sent my collections to the Country
Treasury, I should have had no need to make this petition. I would not p'sume to reason
my case any more wt'> yoi^ hono''^: hut In short, when I was Last wt'i the Treasurer, he
made me debter to the Country In the sum of fifty Two poundes ;. forty pounds of w^^'' If I
must pay it, I must pay it out of my own Estate, w^^h jg ygiy afflictive to me to bearo, If
it would please yc Honors In yo"" mercys to heare yo"" Poor iPetitiont-r this once prostrate-
ing himselfe at yo' mercys feet, I humbly beg that .yo"" compassions might yerne towards
a poor man &you Honours vouchsafe me that my debt of 52" might hebrought to Thirty
pounds, & I shal make it my busincs the more cheerfully, to do "to my vtmost ability to
discharg or pay the same to the Treasurer as speedily as I can, & so praying the Lord to
guide & direct & blcsse yo'' Honors in al yo"" weighty administrations,
I am yo"^ Humble Petitioner
David Morgan Constable of
Springfield." — Mass. Archives, vol. 101, p. 42.
Chap. 30. This chapter is froni archives, vol. 48, p. 265. It is recorded in council
records, vol. VI., p. 470.
Dering was succeeded as clerk of the House by Addington Davenport The order in
Council for the payment of this allowance was passed January 21, 1696-7,* and in the
province treasm-er's account! the amount stands charged against Dering.
Chap. 31. This chapter is from archives, vol. 48, p. 265. It is recorded in council
records, vol. VI., p. 470.
See some account of Newton in the notes to private acts, particularly to act number
sixteen.
No order in Council for the payment of this allowance has been found and no entry of
the payment appears in the treasm-er's accounts.
Chap. 32. This chapter is from council records, vol. VI., p. 472. It has not been
found in the archives.
Chap. 33. This chapter is from council records, vol. VI , p. 474, and archives, vol.
106, p. 394. See chapter 1, and note, ante.
Chap. 34. This chapter is from archives, vol. 106, p. 395. It is recorded in council
records, vol. VI., p 473.
The Lieutenant-Governor and other members of the General Court signed this asso-
ciation with a brief preface as follows : —
" By the Hon^Je TVilliam Stoughton Esqr Lieuf Govern^ & Coinander in chief, the
Council & Representatives of his Matys Province of the Massachusetts Bay in New Eng-
land in America —
An Association.
""Wm Stoughton
Thomas Danfouth
Wait WixTHKor
John Ptnchon
Ja: Russell
Is"^ Addington
WiLLiAsr Bradford
Daniel Peirce
John Thacher
Penn Townsend
Natha^ Byfield
Nathll Oliver
Jn2 Eyre
Samuell Clap
Samuel Ruggles
John ffuller
David Hobart
Ephraim Hint
James Coffin
Nehemiah Jewet
BENjf Marston
John Wainwright,
NathI:!- Norden
Thomas Notes
[Councillors.']
Joseph Ltnde
Emsha Cooke
Sam Sewall.
Barnabas Lothrop
Sam^i-. Wheelwright:
Nathaniel Thomas
Charles ffrost
Elisha Hutchinson
W^i Browne
{Representatives.']
ToBiiAH Perkins
Jn2 Burrill
James Dickinson
James Davis
Christopher Osgood
Pter Ater
Jacob Morrill
John Barnard
John Leverett
Ricn.^RD Sprague
John Green
EpH : FFLINT.
Jams Convers
John Browne
John Ward
Benja Gearfield
Peter Sergeant
Jn? Saffin
Jonathan Corwin
John Hathorne
John Phillips
John Foster
Samll Shrimpton
E¥ Hutchinson
John Wallet
Nathaneill Hill
SamV" M.\nning
Joseph Notes
Abraham Williams
NATHANIEL SoUTHWORTH
John Otis
Thomas Sturgis
Thomas Paine
Ebenezer Brenton
John iiathway
Samuell Newman
William Sovthwortu
Matthew Mayhew
Joseph Parsons
Samvell Clap
Luke Hitchcock." — Mass.
John Dodg
Archives, vol. 106, p. 395.
" 1696, 7"; 18. p.m. The Council and Representatives subscribed the Association." —
SewaU's Diary, vol. I., p. 433.
For the origin of the association see note to chapter 1, ante.
Chap. 35. This chapter is from council records, vol. VI., p. 477, and archives, vol.
106, p. 398.
* Executive Records of the Council, vol. 2, p. 439.
t Mass. Archives, vol. 122, p. 82.
[Notes.] Province Laws (liesolves etc.). — 1G96-7. 513
Tlio disaster whicli hofcll tho second naval expedition to tlio Bay of Fundy, and tlio loss
of tho fort at Pomatiuid, whicli had boon built and maintained at a comparatively enor-
mous expense to the province, wcro events of a most alarmin,;? character. To retrieve tho
former and to remove tho French from tho St. John a now naval expedition was fitted out
consisting of his majesty's ship tho Arundel, tlio Province Galley and soveral tenders and
transports carrying nearly live hundred eflfoctive men under Lieutenant-Colonel John
Ilathorno of Salem, one of tho Council, who was directed to unite his forco with that of
Major Church whom ho was to supersede.* By this time Gedney had returned from
Maine. t Tidings of the surrender of the fort at Pemaquid had reached Boston Ijofore
cither Gedney or Church had proceeded to the frontiers, and their excursions served no
other puij)os3 than areconnoissance in force with the result of ascertaining that the French
and Indian enemy after destroying the fort had retired to the interior and deserted their
old haunts all along the coast.
Sinco the adjournment of the former session the Lieutenant-Governor had received from
tho Privy Council ad\'ices informing him of the great naval and military preparations
which were being made in France against tho English colonies in America and warning
liim to be prepared for resistance. J These advices were brought in the Arundel which the
Liriutcnant-Governor had detailed for duty to the river St. John.
Upon tho convening of tho Assembly in its second session^ the first day was spent in
prayer for the success of the forces lately gone forth, || and on the day following, tho Lieu-
tenant-Governor called the representatives to the council chamber and, among other
things, desired them " in the first place to take into Consideration, what Applications they
should think Necessary to be made for the Service of the Province by their Addresses to
his Majesty, or in such other methods, as they should advise."11
On the twenty-second the following entry appears in the record : —
"The Heads of an Humble Representation, and Address unto his Majty referring unto
the State of the Province, were proposed, debated, and Drawn up." — Council Records,
vol. VI., p. 475.
On the twenty-fourth, the address was ordered to be " fairly Transcribed, and sent
forward."**
The address was accordingl}' despatched by the Lieutenant-Governor, who, at the same
time, sent a letter to the Lords of the Privy Council, and another to Lord Keeper Somers
soliciting his intercession in furtherance of the oltject of the address. The letter to the
Privy Council was dated after the letter to the Lord Keeper, but the rough draught of
it, from which it is here printed, was prepared earlier. This interesting paper, which gives
a gi'aphic picture of the deplorable state of the province at the beginning of the autumn
of 1696, is of great historic value and is given in full below : —
"Rt HonWe
May it Please yoi LordPPs
I had' the Honour oi yo": LordP/ several Letters of the 26'.'' of Dec"- 1695. of the .lO* of
March, and of the .15t]v and 20* of April last past (the first whereof was many months
after the date before it arrived)' In which I am very Sensible of his Matys Princely care
for & Reguard unto his poor Subjects in these remote parts of his Dominions and thank-
fully acknowledge yo^ Lordpps great Favours, particularly manifested by the Signal Testi-
monys thereof in Signifying the Reasons of the disallowance of several Laws Enacted
within this Province, and the ainendm'? and considerations necessary in the preparing of
Laws in Lieu of those that have been Repealed ; all which are lying before tho General
Assembly now Sitting for their Information and direction in that behalfe. As also in the
dispatch of an Express w'h notification of the Preparations then makeing by the French
for an attempt against some parts of America, and assurance of Speedy Assistance to be
sent from England, as the state of AfFajres at home should permit. I forthw'h gave
yl necessary orders for puting all things in tho b3st posture of Defence
tJpon Receipt of the Intelligence ofthe discovery of the wicked and Traitorous Con-
spiracy against the life of his Sacred Maty, and his GovernmJ A day of publick thanks-
giveing throughout the Province was appointed and kept for so great & Eminent Salvation
and deliulance unto his Maty, and all his Dominions ; & I forthw'h issued out Dedimus
* The following is Hathorne's reply to the letter Informing him of his nomination to this
post: —
" Salem Septembr the Z^ 1696
Rt Honourbl
Sr haueing now Reed Yours W John Roberta wherein You are pleased to propound my takeing
the Conduct of an Expedition to St Johns Riuer: And am very willing tovndeitake any Service
called vnto wherein I may be Capable of Serving God & my Country, and Intend to waite vpon
your Honr as desired some tyme too Morrow, at present the consideration of my want of Aquaint-
anc & Experience in Warlilie affair es and thereby vnfittness for so great a Trust is diseourageing
to mee, and doute not but vpon further thought thereof a much more sutable person may be
found to Engage therein so conclude at present — wth pre;en» my Humble service to your
Honr and the Council!, Subscrib" Your Servant to Command
John Hathorne. "—J/ass.
Archives, ml. 61, p. 68.
t " . . he [Stoughton] sent colonel (ric^wey with five hundred men, who perceiving the salvages
to be drawn off, only strengthened the garrisons, and returned." — Mather's Magnolia, book VII.,
art. XXIV, p. 550.
X The letter dated Whitehall, April 21, 1696, was read in Council on the twenty-seventh of
July. — Executive Records of the Council, vol. 2, p. 407.
§ September sixteenth.
II "The whole Court met together in the Council Chamber, and the Ministers of Boston with
Several others of the Neighbouring Towns being desired to be present, and to offer up Prayers unto
Almighty God for his Blessing, and Direction in the Public Affairs to Come under Consideration,
and for Success to the Forces lately gone forth
The Day was Spent in Religious Exercise." — Council Records, ml. VT., p. 471 .
IT Ibid., p. 472.
** Ibid., p. 477.
514 Province Laws {Resolves etc.). — 1696-7. [Chap. 35.]
Potestatem unto the Justices ia tha several Couutys to Administer the Oaths appoint'i by
Act of Parliam'. to be taken instead of the Oaths of Supremacy and Allegiance, abrogated
by thesd Act, tinto all male persons of the age of Eighteen years that had not before taken
the same ; which was accordingly pjrformed, the members of the Council and Assembly
have likewise Subscribed the association Established by the act of Parliamt. For the bet-
ter security of his Ma'y^ Royal Person and Governmt —
In obedience unto his Ma'2? Command Signifyed in yoi. Lordp^ Lre of the 15'*' of April,
I have caused the Act of ParliamJ there inclosed, For the Preventing Frauds and Regu-
lating Abuses in the Plantation Trade to be dueiy published the others haveing been
heretofore publishd and shall take care that the s^ Act and all other Laws made For the
Encouragemt. of navigation and Securing the Pla'ntacpn Trade be strictly put in Execution
within this Governm'.
May it please yoj' LordP^
The General Assembly do by this Convayance forw? their Congratulatory Address for
the merciful Providence of God in the Signal deliulance and preservation of his Ma'js
Roval person from the hands of those bloody and barbarous Conspirators and Assassina-
tors and his Kingdoms from the intended Invasion : As also their humble Representation
and Address of his Ma'y with Reference to the distressed and languishing State and Con-
dition of his Matys Interests and Subjects within this his Province ; wherein is Set forth
the deep Impressions made by the Enemy upon the same this last Sumer in the loss of
his Ma'ys Frigatt the Newport Galley; which was by me ordered in Company of the
Sorlings and a yatch Tender on a cruise for his Ma'ys Service into the Bay of Fundy for
the intercepting and Surprizing of the Stores of aiuunition and other Supplys for his
Matys Enemys yearly brought from France to Johns River and parts adjacent ; but was
unhapily overpowred by two Ships of War of greater Force than Ordinary that came this
year thither, being of too great Strength for his Ma^ys s<i ships a particular narrative of
that action given in under the hands and upon Oath of the officers belonging to the New-
port I have transmitted unto the Right Honb'e the Coinissioni"/ for Executing the office of
Lord High Admiral of England &ca
In the s<i Representation and Address is also Set forth the loss of his Ma'p Fort at
Pemaquid being beset by the sd two French Ships of War together w* the Newport & a
Land Force of neer Four hundred French and Indians provided wt.i> Canon & Bombs for
the Storming thereof ; A Copy of the Narrative given in by some of the officers and Soul-
diers belonging to that Garrison I herew'.h transmit unto jo\ Lordps The Comander is
under ConfinemJ in order to a further hearing upon that matter Cap"}" Paxton late Comander
of the Newport was then a Prisoner on boal-d one of the Ships of War ; who will be able
to give yoj Lord?.' some Information thereabout. The Fort was well furnished and Sup-
plyed w'.!* all necessarys and Seasonably reinforced with Forty fresh men upon the Intel-
ligence of the disaster befalling the Newport, and I sent an Express to notify the
Coinander thereof and of the strength of the French with directions to be very careful
and vigilant and to have all things in a posture for defence in case any attack should be
made upon them. It was feared Ihat the s4 French Ships of War and Land Force would
have come forward to have made some further attempt which it's said they designed for
Piscataqua River had they not been Inform^ of the arrival of his Ma^^ Frigatts with the
mast Ships and several merchant ships from England ; whereupon I ordered a Levy of neer
five hundred men for the Enforcem'. of the Frontiers and guarding of that River; And
also caused a merchant Ship of good burthen to be taken up on his Ma'y^ Service and
Equipped for War, tosether with y® Province Galley and a Fireship, to joyne his Ma'J»
three Frigatts the Arundel, Sorlings & Orford and sent them forth in Search of the
sd French Ships and to attack them and Endeavour the Recovery of the Newport. It so
hapned that they came neer to the place at Mount desart where they were all three
lying at Anchor, but providence so ordered it That by reason of the wind dying away
they could not reach it before night ; the French haveing Intelligence of them in a great
hurry and affrightmf prepared forth w'.'' to come to Sayle and get away, and haveing the
advantage of a small gale of wind comeing off the high land got out of the place ; & were
descried the next day by our Ships who then lay becalm'd; but w" the Sea breeze came
up after noon gave them chase and fetched upon them considerably being come neer up
w'.h them by night; but so soon as the French had lost Sight of our ships by reason
of the darkness they altered their course, the next morning and all ye day proveing very
foggy, our ships could not get sight of the Enemy; who stood away to the Eastward
at a considerable distance into the Sea, and met some of our fflshing vessells comeing
homeward from the Fishing ground about Cape Sables and parts adjacent, and tooke three
of y sd Fishing Vessells. one of wch they Sold to the master and sent home the men in
her ; to whome they gave accompt they were chased by seQal English men of War and
were in danger of being come up with and taken by them, had they not lost them in y^
night and Fogg, fearing lest they were still in pursuit of them and made all y^ Sayle they
could to get away :
His Maj'y Ship Arundel, the Province Galley and several other small vessells of War,
transports w'h neer five hundred Effective men under ye Coinand of L^ Col^ Hathorne
&ca are now abroad in the Eastern parts of this Province with orders to attempt the take-
ing of the Fort Setled upon Johns River and the removeing of that Enemy, and for ye
makeing other attempts upon the Enemy in those parts w^h will much conduce to his
Matys Service if it please God to give Success. Some Private Ships of War Set forth by
merch'9 and others within this Province w'li Coiiiission agt. his matys Enemys, have taken
several French Fishing vessells on the Banks of Newfoundland and brought them into
this Govenn.t and there being no Judge of the Admiralty appointed & Coinissionated
within the same I have been prevailed with upon due proofe made to declare them Prizes,
It being thought of absolute necessity for his Ma'p Service, and would otherwise have
greatly discouraged the same and occasioned a great many Seamen to have left the Prov-
ince could they not have had their Shares of ye Prizes by ym taken which might have
been of ill consequence, I have proceeded according to the directions in yj late Act of Par-
[Notes.] Province Laws {Resolves etc.). — 1696-7. 515
liam« and taken cficctual caro for Securing the parts or Shares of y? proceeds of such
Prize Goods belonging to his Ma'y which is ready to be made good unto whome his Ma'y
shall appoint. I should be sorry to incur his majtys displeasure for my Sincere intentions
therein for his Service not with dcsigne of particular Advantage or assuming of a power
not vested in me by his Ma'ys Royal Comission I have had y? opinion of yp Council here
y.' it was advisal)lo for his Matys Service In which I pray yof LordP' Favour. It seems
highly necessary That there be a Judge of yf admiralty Cofflissioned for this his ma'y».
Province
I crave leave further to observe unto yoj LordPPs That whereas in y" narrative given
in by some of y late Garrison at Pemaquid Fort, It's said that the wall in one of the
Flankers was defective haveing been prop't up all winter and began to tumble down upon
fireing the Gun That stood thereon. I never was advised by the Cap^c or any others of
any such defect which should have been timely cared for, and have' Examin^ Several
others of the Souldiers thereabout who deny the same ; and say the wall was good and
did not give way upon useing of their Guns.
Rt ilonbie
I humbly begg yo^ Lordpps pardon for the trouble of these tedious lines wherein I have
Endeavoured to lay before his Ma*y & yof LordP^ as briefly as I well could a plain narra-
tive of the late passages of moment relating' to his Majtys. Service; beseeching yof
Lordi^ Favour in countenanceing the humble Address and applications made unto his
Ma'y by his poor distressed Subjects within this Governm* That they may receive a
Gracious Answer to the same.
And that I may have the Honour of l)eing accounted in y number of his Maj'y^ Loyal
and dutiful Subjects, w<:i> is y" utmost ambition of him who is with most profound
Respects. RJ Honb'e Yof LordPP^
Obedient faithful and very humble Serv'
* W. S.
Boston in New: England Sepf 24.0 1696."*— Mass. Archives, vol. 106, p. 399.
The letter to the Lord Keeper is as follows : —
" Boston in New England 23'.'' Sep'- 1696.
Rt HonWe
May it Please yof LordEP
Haveing sometime since had the Honour of joj LordP^ Letter In wd' you are pleased to
Entertain an Esteem of me beyond what I have any ways deserved fi-om yof Lord? thd.
I trust never to be guilty of any thing unworthy the Opinion yof Lord? seems to have
conceived of me with respect to my Loialty and duty to my Sovereign and sincere devo-
tion to his Service ; the Advancera'. whei'eof is especially Incumbent on me in my present
Station in a due care of and Reguard to the defence and preservation of his Ma'y^ Interests
and Subjects within the Province under my GovernmJ now languishing under the miserys
and Calamity? of a long and wasting War and other adversity? which is humbly Repre-
sented in the Address of the General Assembly forwarded by this Convayance to be
humbly presented unto his Ma'y and in my Letter to the R* HonWe the Lords of his
Ma'y% most Hon^'e Privy Council ; I know not how better to further his Ma'ys Gracious
Answer to the humble Supplications of his good Subjects contained in the s^ Address,
than by Praying \oi LordPJ Patronage thereof, whose high and HonWe Station advantages
yon for and y^iGfenerous dispositions richly endowing yof Noble Breast inclines you to
favour the just cause of the poor and distressed.
I therefore assume the boldness of becomeing yof. Lord?! humble orator on behalfe of
this poor Province, labouring under manifold difflcultys and distresses and in danger of
being Exposed to the force of a growing & powerful Enemy ; unless his Ma'y be graciously
pleased to interpose and afford Seasonable Supplys & Releife as is humbly prayed for in
their Address.
Rt. HonMe
The humble confidence I Repose in yof LordPP' Goodness has moved me to give
yo"; LordPP the trouble of these Lines, wcii 1 hope you will please to excuse and pardon
Craveing leave to Subscribe my Selfe, as in all Sincerity
I am Rt Hon We Yof LordPPs
Very much obliged and obedient Serv*
W. S.
Ld Keeper Bome.vs./"\ — Ibid., p. 396.
Letters to Mr. Blathwaytt and to Sir Henry Ashurst seem to have been dispatched. Of
these the former has not Jaeen found, but the latter is as follows : —
"Honbie Sf
I have the Honour of yof^ of the .13t.h January past wherein I observe the Expressions of
yof Honours undeserved Respect and reguard to a person so inconsiderable in yof care
and Endeavours to Supersede the SoUicitations of those that have Emulated his Matys
* The dr.iught of this letter bears the following endorsement : —
" L^,« to the Rt Honble the Lords, of his Matys. most Honble Privy Council. Sepr 24o 1690.
One under cover to'Sf H. A. W mf Benja Jackson in ye Ship Hope
One under cover to ni'f Blathwayt'^. mf Newton
One under cover to 8f Hen. A. ^ ye Sortings,
t The draught of this letter bears the following endorsement: —
" 23* Sepr 1696. Lf« to the Lord Keeper.
Triplicate^ one under cover to 8^. H. Ashhurst ^ m'; Benj» Jackson in y« ship Hope
one W tn^ Newton in yf Supply
one under cover to 6', Henry #■: y« Sorlings und^ cover to ditto."
t " It's Propofed by the Council.
That a Letter be written from this Court unto the Hon We William Blathwayt Esqf to pray hie
Favour in the affaires of this Province, depending before his Maty, and to promote a gracious
Answer unto the applications now made by this Court and sent to our Agents to be presented.
Saturday. SepL'26." — J/oss. Archives, vol. 106, p. 401.
616 Province Laws {Resolves eic). — 1696-7. [Chaps. 36, 37.]
Favour towards me ia my present Station ; who would And themselves disappointed of
their Expectations of any great Advantage thereby : The People of this Province what by
the Calamitys of the War and the failing of the Harvest both the last year and this are
reduced to great wants and ditflcultys and unable to bear up under the insupportable
burthen of their publick Taxes for the Support of the Governmtand the prosecution of the
War against a growing powerful Enemy ; who have made very deep impressions upon his
Matys/lnterests here this Sumer in the takeing of his Maty^ Frigatt the Newport Galley
and the Fort at Pemaquid ; which is humbly llepresented in the Address of the General
Assembly and the particular acco.t thereof in the Lt Governors Letter To the Right
Honbie the liOrds of his Maty^ most Honi^'e Privy Council Besides the Rapines and
Murders coiiiitted by Sculking partys of the barbarous bloody Salvages, with the State of
the Affayrs of the Province, all which will fall under yoj" Honours' observance comeing
under cover to yoj Selfe; Also the publick Letters from ya Governm.t direct'.' unto joj
Honour and mf Phipps, and m' Benja Jackson w'-^ several other worthy Gent'" that come
passengers in this Fleet will fully and particularly Informe you of our present circum-
stances, to which I must pray you to l)e referred. 1 have here inclosed ....
Honbie Sf Yoj Honours, much ol)liged,
and thankful Servt
Boston, Sepf 29° 1696. I[saac] A[DDiNGT0N]." — 76trf.,^. 593.
Chap. 36. This chapter is from archives, vol. 113, p. 138. It is recorded in council
records, vol. VI., p. 481.
Chap. 37. This chapter is from council records, vol. VI., p. 481. It is preserved in
archives, vol. 70, p. 298.
The following is the joint petition of the deputies from the islands of Martha's Vine-
yard and Nantucket mentioned in the preamble of this chapter : —
"To the hono^d William Stoughton Esq"" Lievt Govn'' & Coinand'' in cheif in & over
Ms Majts p'"vince'of the Massachusets Bay in New England the hon^e Councill & Repre-
sentatives of s'l p'vince in Generall assembly Convened.
The petition of Matthew Mayhew rep''sentative of Edgartown and Chilmark on Marthas
Vineyard, and James Coffin Rep'sentative for the Island of Nantucket,
humbly sheweth.
that the Islands of Marthas Vineyard and Nantuckett being on the fronti[er*] of this
pTince, and not only so, but lying in that part where the french are more particularly
designed, for advantage of takeing not only provisions, comeing from the western partes
but likewise, shipping from most partes haveing commerce and trade heer, have alwais in
time of warre been thereby Exposed to a continnall charge, not only for secureing of
themselves, but manie times, for succo" and defence of such shipping, and that not only
by the English inhabitants on said Islands, but likewise by raiseing such force as they
could, l)y armeing the Indians, supplying them with ammunition and provision, while the
enemie hath been on that Coast, were while they were annex'd to the p'vince of New York
supplyed with ammunition, armes &c. at the charge of s'^ province, and in consideration
of their great charge while the enemie wer hourly expected to come into their harbours
more for the shipping there then hopes of proffit by plundering such poor p!aces ; and the
necessitie of liberallitie to the Indians in drink and provision over and above powder and
the like necessaries ; were by the justice of s'' province, so far abated of the proportion they
should have otherwise have payed for sustaineing the charge incumbent on the province
that in a tax of about ten thousand pound the said Islands were assessed but tifty pounds
and in consideration of their lying so open to the enimie, were by the Govn"' & Councill
p'mised a supply of powder smale armes for the Indians, and a further supply of more
great gun's immediately before their being annexd to this pmnce; all which Considered,
and that all such charge hath since that time wholly been on the inhabitants, to the value
of many hundred pounds, and often more for secureing the shipping laden with provision,
and other shipping bound to boston & adjacent towns, it being beneath lioth an English
and a Cristian spirit to suffer the takeing of such vesls when it might be by us hindered,
beside the often charge of sendin botes to inform vesles comeing in from sea, of theenimi's
being on the coast, so that s^' Hands are at this time deeply indebted, and particular men,
on such suddain ocasions, know not when they shall be reimbursed, and probably never
from a poor distressed people.
Therefore yo'" petitioner verrily beleiving it hath not been, that this honourable Court
would not have accordingly have either abated said Islands in the particular taxses, or
otherwise assisted them; but our own defect in not laying before them the reaso[ns*]
therefore, now humbly pray.
that whereas the inhabitants of s<' Islands, have been doomed to pay certain summ's of
mo[ney*] as their proportion in a tax of thirtie thousand pounds that in consideration
that they have susteined the cost and charge aforesaid, without chargeing the province
anie thing for the same, and for the better inabling them to secure both themselves, and
such shipping comeing into and going out of this province; that it would pleas this great
and generall Court, that the said summes may bee remitted, each Island disburseing
toward fortifying the same, in providcing armes and amunition, whereby they may bee
inabled to doe his majesty and this province better and further service ; the summe of
fifty pounds each Island and an account thereof to bee particularly made to this hon-
ourable Court, by the p'"sons who they shall in their wisedom's commit the care thereof
unto: and that the said Islands, [do*] erect at their own charge sufficient prisons, all
which yo' petitioners humbly lay before this hono''',o Court, praying the same may bee
enacted and shall alwais praj' &c." — Mass Archives,
vol. 70, p. 298.
This petition was first read in the House on the twenty-eighth of September. On the
thirtieth it was read a second time, and sent up to the Council, where it was read the same
* Kanuscrq)! mutilated.
[Notes.] Puovinck Laws {Resolves etc.). — 161)(j-7. 517
day, and af^ain on tho second of October when the vote was passed and sent down to the
House for concurrence. It was immediately concurred in, and passed without the preamble,
which was subsequently prepared by the Secretary.
IJy Province I^aws, 1696, chapter 3, the pi'oportion of the tax of thirty thousand pounds
duo by Martha's Vineyard was fixed at one hundred and fifty pounds and by Nantucket
at two hundred pounds. See chapter 25, ante.
Chap. 38. This chapter is from council records, vol. VI., p. 486. It is preserved in
archives, vol. 70, p. 311.
The following is the petition mentioned in the preamble to this chapter : —
"To the Right honorable William Stoughton Esqf Leu' Gouerner and Comander in
Cheiff in and ouer his majestes prouince of the massathusets Bay in New England and
tho Honoralile Councell & Ilopresentatiues of the same in Generall Court assembled
The Humble petition of Simon willard of Salem Humbly sheweth.
That the Tresnrer of this prouince doth call upon & threaten to cast your petitioner into
prison for an arrer of Rates when I was Constable in Salem to the value of thirty od
pounds which I am in no capasity at present to pay, and I haueing alike value due to me
for scruice done for the Country in S'' Edmond Andros his time of Gouermcnt I doe ther-
fore humbly pray your Christian Compasion & Charity towards me in forbaring the said
arrore untill such time as I can come at my pay for my said seruico, without which my
self & family will be reduced to Extreme misery & suflfering
Simon Willard." — Mass.
Archives, vol. 70, p. 311.
An extension of time in which to pay over his collections was granted to Willard by
chapter 16 of the resolves of the year 1694-5. The indulgence ceased in May, 1695. There
are in the archives two undated petitions by Willard, very similar to the first, which were
probably filed in the first session of the Legislatures of 1695 and 1696, respectively. No •
action appears to have been taken on either of these, and no memorandum whatever
was put upon cither of them by the Secretary, or the clerk of the House.
By the tax act of June 27, 1698.* the town of Salem was abated " thirty-nine pounds,
which is resting in Simon Willard's hands, and is to be discounted and set off with said
Willard, for what he claims to be due to him for service as a captain by commission from
Sir Edmund Andros, when those claims shall be paid."
Chap. 39. This chapter is from council records, vol. VI., p. 487, and archives, vol.
62, p. 6.
The following is the petition mentioned in the preamble to this chapter : —
" To his Ex«y S.r William Phips K^t Captain Gen" & Governor in chief in and over
their MajUfs Province of y" Massachusetts Bay in New England: tho Honbje Council,
and Representatives now Convened in General Assembly
The Petition of Jonathan Balston senf of Boston
Humbly Sheweth -
That whereas your Petitioners Pink called tho Mary Jonathan Balston his son Com-
mander, being imprest for their Maj'ies service for the" Expedition to Canada, and lost in
the s<} Expedition, was apprized before her going forth, and your Petitioner received pay
for her according to the sd apprizemt But Forasmuch as after the s^ apprizem' yo^
Petitioner did furnish and supply the s^ Pink with several things as a new Foresaile,
a Boat, four great Guns, & some small Rigging to the value of Forty pounds in the
whole, which were not included in the s<\ appri'zement and for which he hath not received
as yet any satisfaction
Wherefore your Peticoner prayes this Honbje Court yt they would consider of the
premisses, and allow unto him the abovesd sum of Forty pounds, he being a considerable
looser by the s<i apprizemj for that it was much less than what he could have sold the
said Pink for — And yo^ Petitioner shall ever pray &ca
Boston ocfrU 16'.ii 1691." — Mass. Archives, vol. 62, p. 6.
The petition appears to have been read first in the House November 29, 1695, and to
have been read a second time and sent up to the Council on the eleventh of December, on
which day it seems to have been read in the Council, but nothing further done. On the
twenty-fifth of November, 1696, it appears again in the House where it was read, and the
vote which constitutes this chapter was passed thereon and sent up to the Council, for con-
currence. On the next day it was concurred in by the Council.
The preamble to this chapter was supplied by the Secretary, according to his custom.
The order in Council for the payment of the sum allowed bears date January 21, 1696-
7,t and the province treasurer's account shows that the money was paid.J
With this petition was filed the following account : —
" for the penk mary Layd out after she was prised
tto : on new forsayll is 16 : 00 : 00
tto a Tjong boot 7 : 00 : 00
tto smallRigen 6:00:00
tto fower gonds § 12 : 00 : 00
41 : 00 ; 00.
— Ibid., p. 7.
* Province Laws, 1698, chapter 15, § 6.
t Executive Records of the Council, vol. 2, p. 442,
I Mass. Archives, vol. 122, p. 101.
I Sic: guns.
518 Province Laws {Resolves etc.), — 1696-7. [Chaps. 40, 41.]
Chap. 40. This chapter is from archives, vol. 62, p. 131. It is recorded in council
records, vol. VI., p. 488.
Four days before the General Court was convened in this session the following proposals,
signed by leading merchants and shipmasters of Boston, were submitted to the Lieutenant-
Governor and Council at a meeting of the Board : —
" Boston Novembr 9* 1696.
Som Proposals humbly offered to the K.' Hono^e William Stoughton Esq. Lieuf Gov-
ern.r and Commander in chiefe in and over his Maj'jfs Province of the Massachusets-bay in
Newengland, by sundry Gentlemen, Merchtf and others whose names are underwritten./
The present State of this Province in this time of danger from the French and Indian
Enemies being Considered, It is humbly proposed, Whether it be not necessary —
1. That a good, Sutable Ship or Vessel be forthwith Equipped & dispatched from hence,
as a Pacquet-boat, with an humble Addi'ess to our Soveraign Lord King William, Signi-
fying our great necessity of a Speedy Supply of Stores of Warre, especially Gunpowder.
2. That the Vessel so fitted should be ordered to Saile direct for the Port of Plymouth
in the Kingdom of England, where the best & most Speedy dispatch of this affaire may
most probably be had.
3. That this Vessel Saile only in her Ballast, & that she be not incumbred with Merchi^
Goods, that so her dispatch thence may not be delayed Longer than to wait his Maj^ip^
pleasure.
4 That what freight can be spared in the said Vessel at the time of her dispatch thence,
may be granted to any Merch's there who shall be minded Seasonably to Load Gunpowder
on board her, but nothing else
5. That his Maj'.'e may be Addressed for a Convoy of the said Vessel cleare of that
Coast.
6. That a duplicate of the Said Address to his Maj «e may be dispatched by Cap* Bant,
who may Saile hence in four or five dayes.
7. Whether Cap* Cyprian Sonthacli may not be a meet person to Command the Said
Vessel./
All which is humbly Submitted to his Hono""? Wisdom. The Names of the persons
present, & offering these proposalls, are
John Eyre — I T7=nrs Capt Sam: Checklet Mk Jn2 Mico.
Edw? BromfieldJ ^- MB Tho: Palmer C apt Wm Clark
Capt John Fairweather Capt Timo : Clark Mb Charles Chauncy.
Capt Andr. Belcher. Capt Tho : Graffort Mb Jn^ Soams
MB Nath. Oliver. Mb j^'l Boreland Mb Hoger Kilcup
Mb RichV Whittingham Cart Tho : Carter Mb Edw» Brattle
Ca'pt Sam": Legg. Mb Sam. Lillie Cart Benja Davis
CApT Samson Stoddard. Mb Jos. Parson Mb W^i Hurst.
Cap' Jn2. Fairweather "1 are chosen & request-
Cap' Andr : Belcher. ! ed to wait upon his
Capj Sam : Legg & ] Honoj with these
Mf Nath. Oliver j proposals." — Mass,
Archives, vol. 106, p. 402.
The Council decided to refer this communication to the General Assembly. Accordingly,
on the nineteenth, the Lieutenant-Governor, in his opening speech to the Assembly, repre-
sented to " them the great danger the province was in with reference to tho lowness of the
warlike stores, and that the Council have had consideration of dispatching an express to
his majesty to lay before him the distressing circumstances of this his province, and to
pray early supplies of ammunition ; but the sitting of the Court being so near, referred the
determination thereof till now to have the concurrence of the Assembly therein, and
directed that the House take speedy consideration thereof, and of the state of the treasury,"
etc.
On the same day the House sent up to the Council the vote which constitutes this
chapter. On the twenty-eighth the Council concurred in this vote, and added the follow-
ing: "also that a suitable person be appointed to go upon her with instructions to solicit
his majesty for the said supplies and what else may be thought necessary for the service
of this his province." This vote was read in the House on the thirtieth, when a substi-
tute was prepared by the representatives, providing that an agent l)e sent to England
" and address made unto his majesty for supplies, as also the restoration of the ancient
privileges of the colonies of the Massachusetts anil New Plymouth " " with further addition
of power and government," and sent up to the Council for concurrence where it was
debated on the first and third of December and then " voted in the negative."* On the
fourth, " Upon a further debate about dispatching an Express for England Bartholomew
Gedney, John Foster, and Peter Sergeant Esq" were sent into the House of Representa-
tives, with the former Vote of this Board relating thereunto, to move that House, to reas-
sume the Consideration thereof. "t
The House now voted not to concur in the vote added by the Council, which action was
communicated to the Council by the messengers sent down by them to ascertain what
course the House had taken upon their vote. No further attempt was made in either
branch to provide for the sending of a special agent, and so the business was left to the
management of the acting agents of the province in England.
The draught of the address despatched on the packet-boat mentioned in this chapter is
given in chapter 46, posi; and in tho note to that chapter will be found the letter which
the Lieutenant-Governor sent to be used in the communications of Messrs. Cooper and
Jackson with the agents of the province.
Chap. 41. This chapter is from council records, vol. VI., p. 490. It is preserved in
archives, vol. 113, p. 140.
* This vote of the House, asking to be allowed to resume the old charter, has not been found.
t Council Records, vol. VI., p. 492.
of whom
[Notes.] Province Laws (liesolues etc.). — 1696-7. 519
The following is the petition mentioned in the preamble : —
♦' Novcmb^ 23'> 1606.
To the right Honourab" the Lcliitoaant Governour, with the groat & Gencrall Court now
Assomblcd at Boston, the Petition of the small Remnant of the Inhabitants at Dunstable
humbly shewcth,
That being advertised that We are rogistred as Debtors to the Countrcy the summ of
fifty Pounds or thereabouts for Assessments formerly made upon tliu Inhabitants of this
Town, which Assessments having been proportioned by a List of the Persons & Rateable
Estate, while all the Inhabitants were upon the Place, & sent to us after such time, as near
two Third Parts of them with a principal part of their rateable Estate were removed from
us, who responded their Proportions in the several Towns wherein they were dispersed :
We also the Inbahitants upon the Place, having paid our proportionable i)art to all of the
Assessments in the fore passed years, which came to our Hands, as they were demanded
of us,
In consideration hereof, We think it requisite in point of justice to our selues, hereby to
apply our selues to your Honours, humbly praying an Order for the Abatement & Remis-
sion thereof, &. We shall remain yotir Honours humi)le servants
ever to pray for You
Who are the select men of the Town of Dunstable Samuel Whiting junb
John Sallendine.
Thomas Lunn." — Mass.
Archives, vol. 113, p. 140.
This petition was read in the House on the first of December, when the vote was passed,
substantially as it appears in this chapter, and sent up to the Council, and on the second
it was concurred in by the Board.
By the province treasurer's accounts* it appears that the town of Dunstable was credited
with the amount of this abatement.
Chap. 42. This chapter is from council records, vol. VI., p. 491. It is preserved in
archives, vol. 70, p. 305.
The following is the petition mentioned in the preamble added by the Secretary to this
chapter : —
" To the Right Honi^'e W"' Stoughton Esq"" L" Governo'' and Comand'' in cheife in and
over his Majli^s Province of the Massachusetts Bay in New England with the hon'^'^ Coun-
cil and Representatives thereof now assembled in Gen"^" Court held att Boston by
adjournem' Novemb"' 18'h 1696 —
The Petition of Abraham Cock —
Humbly Sheweth
That yo'' Petition"' al)Out a yeare agoe att Pemaquid flfort und' the Command of Cap"
John March, as he (with others) was going to fetch wood lor the use of the then fort, was
way Layd by Indians from wbome yo'' Petition"^ received a Shott in his left arme, w'' by
reason thereof was Cutt of from his body : That for the Space of Six months past yo"' peti-
tion'' has beene a Souldier att y Castle, butt by reason of the coldness of y« Season and the
tenderness of his body by the Loss of his arme, he is wholely rendred uncapable of
V forming any the souldiers worke there incumbent on y" as also of doeing any thing
whereby to procure a livelyhood for his Subsistence, being destitute of a calling, besides
he is in continuall feare that the Stump of his healed arme will breake out agame to his
greate Sorrow.
Yo' Poore petition'' therefore humbly prayes and Entreates That this high and hono"^'®
Court will please to take his distressed condition into Consideration Soe as that he may
either have some annuall pension Settled on him for terme of Life, or else such a summe
of mony as may compensate the Loss of his arme (as in yo"' wisdoms shall seeme meet)
whereby he may be Enabled to rubb through & conflict with those difficultyes daily
attending him.
And Yo' Petition"^ as in duty bound Shall ever pray &c
The marke of
A C
Abraham Cock." — Mass.
Archives, vol. 10, p. 305.
This petition was read, first, in the House, on the twenty-first of November, when the
vote which constitutes this chapter was passed and sent to the Council for concurrence.
It came back concurred in on the second of December. The treasurer's account for the
next year contains the following entry : —
" Paid Abraham Cock Stipend to the 18* November 1697 .... 5, ,-,,-."
— Ibid., vol. 122, p. 115.
Chap. 43. This chapter is from council records, vol. VI., p. 491, and archives, vol.
101, p. 00.
The following is the petition mentioned in the preamble which the Secretary affixed to
this chapter : — •
"To the R' Honb'e W^ Stoughton Esq' Lieu' Governo'' and Comand' in Cheife in and
over his Maj'iii' Province of the Massachusetts Bay in New England with the hon'"! Coun-
cil & representatives thereofe now assembled in Gen'" Court held att Boston for sd Prov-
ince by adjoomem' Nov 18"> 1696 —
•* Mass. Archives, vol. 122, p. 87.
520 Province Laws {Resolves etc.). — 1696-7. [Chap. 44.]
The Petition of Edward Bosworth of Bristoll
Humbly Sheweth
That yo"' Petition'' in the Yeare 1694 Served the Towne of Bristoll in j" Quallity of a Con-
stable, in wci" yeare the said Towne was assessed with a rate of Seaveaty three pounds
Foureteene shillings mony w'='' yo' petition"' Gathered and out of w'='> rate tlie Treasurer of
ye Aforesd Province passed a bill on yo'' Petition'' payable to Cap" By field for foure pounds
fifteeno shillings for y« payment of monys for Three woolves & seven whelps, w=:'' Bill Cap"
Byfield assigned to M"" Nath' Payne of JBristoU who rec^ the sd mony from yo'' Petition'' as
then constable, Butt afterwards when yo'' Petition'' came to pass his acco'^ with y treas-
urer, he refused to discount y said moneys soe paid upon sd Bill as aforesd. by reason
that y bill was accidentally Lost, and not to be had.
Yc Petition"' doth therefore humbly Entreate This high and Hon'^'" Court, to consider
y premisses by being pleased to ffavour him with an ord"" to y Treasurer for discounting
y aforesd Summe of money payd by him as aforesaid.
And Yo'' Petition'' as in duty bound shall ever pray ScC." — Mass.
Archives, vol. 101, p. 60.
The vote on this petition, which is substantially as it appears in this chapter, was passed
by the House, apparently after one reading of the petition, on the first of December, and
on the next day it was concurred in by the Council.
By the jirovince treasurer's accounts* it appears that Bosworth, in his payment of rates
collected, was allowed the discount voted.
Chap. 44:. This chapter is from council records, vol. VI., p. 491. It is preserved in
archives, vol. 40, p. 370.
The petition mentioned in the preamble, which was prepared by the Secretary for this
chapter, is as follows : —
" Province of y« Massachusetts ) To the great & Generall Court now
Bay In New England ss j Sitting in Boston May- 27';'' 1696.//
The Petition of Anthony Checkley,
Humbly Sheweth
That yo"" petitioner was Constituted the Kings Atturny Generall by the Gouernor Coun-
cill & Asembly In the yeare 1689, And So haue Continued to this day, hauing bin (since
gr w""" Phips Came Gou"') Comitionated by the Gou'" & A generall Councill vnder the Scale
of this prouince. By which Comition the Said place & office is to me giuen & granted. To
haue, hold, Exercise & Injoy the Same (during his Maj'^ pleasure) Together with all fees.
Rights, perquisites, Priuilidges, profltts & Aduantages to the place & Office belonging or
in Any wise Apertaineing in as full and Ample maner as any Atturny Generall, In other
the Kings plantacons & dominions in America haue had or doe now Receiue & Injoy, By
this Comition I thought my Selfe Sufficiently Impowered as to my being, doeing & haue-
in^, my being hath not bin disputed, but as to my doeing & haueing, or The E xerciseing
& Injoying the Said place I haue bin greatly obstructed & hindred, I haue Only bin put
vpon doeing that which hath bin troblesome & Chargable And not profitable. As bringing
mallefaclors to tryall. And therin I may Say I haue had more troble (for y time) Then
all his Maj'3 Atturnies in his plantacons In America But for that Worke which would haue
bin less troblesome & more profittable. as bringing prize Ships & goods to Condemnacuii,
& Sale ct distribution. And bringing to tryall of vnquallified Ships & goods Count'banda,
And other matters which I thinke by my Comition belong to ma as the Kings Atturny in
this prouince. As welljis they Ijelong to the Kings Atturnies In Barbadoes Jamaica or any
other his maj'^ plantacoiis In America That Soe his Maj'y may haue his Just dues And no
Imbezlemts made, which hetherunto hath not bin attended. In the yeare 1694 I went to
Bristoll Court to Impleade Indians for murther, & In the meane time I was thrust out of
my buiseness of the S' Joseph, & there the King's Intrest geatly wronged, for that there
was great Imbezlemts made, many hundred pounds worth of goods that neuer was Brought
to the publick Sale —
In this matter & Seuerall other things I haue bin hindi'cd from doeing that which would
haue bin for his maj'-" Intrest as well as for my owne Aduantage —
And as for my haueing, for what I haue done, neither fees, nor Sallery hath bin Setled,
so That what I haue had for my tro<ble & Expences About the King & Countrys buiseness
for this Seauen years I hatie obtained by begging, I haue begged Twicef of this Honorb'e
Court & you haue heard Ijy Request so farr as to giue me Somthing for which (as is my
duty) I Returne my barty Thanks, But I pray that I may not ofend in saying it hath
bin So little. That I must yett begg or Staruo, Its A hard thing for y Kings Causes to
be Starued when as A priuate Clyent that will starue his Cause is Counted not worth
haueing —
My humble Request to this great & Honoris Court is
That for y Time pastyou will pleas to AUovv me Some farther Competent Satisfaction,
If you please out of Hen Head & M' Gouge his fine And for the future I may be Incour-
aged in doeing my duty & haueing my due In the matters beforementioned & other Cases
whcrin the Kings Intrest is Conserned, And as for y tryall of mallefactors, A Resonable
Sallery Or fees & Trauilling Charges being Allowed mo I shall be satisfied —
The granting of my Request, will Oblige me to A thankfuU Acknowledgm' of yo'fauor,
And A Cherfull doeing of my duty & A Constant praying for yo"^ prospity & being
Yo"' Obliged faithful! Seruant '
Anthony Checkley." — Mass.
Archives, vol. 40, p. 370.
This petition, although apparently presented at the first session, does not appear to have
been read until the twenty-first of November, and then in the House, where it was read a
second time, on the thirtieth, and the vote passed thereon substantially as it appears in thia
* M.1H8. Archives, vol. 122, p. 81.
t See Dote to resolves, 1695-6, chapter 36.
[Notes.] Pkovince Laws (Ilesolves etc.). — 1G06-7. 521
chapter. On the second of December this vote was concurred in by the Council. The
order for the payment of this allowance was passed January 21, 1696-7,* and the province
treasurer's accounts for the next yearf show that the money was paid to Checkley.
Chap. 46. This chapter is from council records, vol. VI., p. 494, and archives, vol.
106, p. 404.
The letter referred to in the note to chapter 40, ante, as having been forwarded to England
with the address which constitutes this chapter was as follows : —
" Boston December 5'> 1696.
Gentv
You were not altogether unsensible of the dangerous and difficult circumstances attend-
ing this his Ma'p Province at the time of yo"; late departure from hence ; which are since
no whit abated but rather augmented, more especially by the unhappy disappointm'.' of
the Expeditions then on foot under the conduct of L' Colo Ilathorne and Major Benj?
Church, the issue whereof was chiefly the recovery and bringing away the Ordnance
Shot and other appur';.";^ thereto belonging, brought from France this last SuiSer and
landed at y ■ River of S' Johns in Nova Scotia for the Enforceni? of that River. The
General Assembly have formerly and by this Convayance do renew their humble address
unto his Maj'> . for a Supply of amunition and other Warlike Stores w'-'' an addition of
further Naval Force for the Security and defence of his Interests within this Province,
and that the same may be dispatch't so as to arrive here very early in the Spring. Our
Agents are referred to a more full and particular Information of our State Iroin yuf
Selves. And it is desired by my Selfe and the Council that you with other of our Coun-
trymen in London with such Gent" as are concern<i in Trade hither would wait upon
them, and acquaint them with our particular wants, and difficultys and how insupportable
the War will be unto us without we may be assisted by the Neighbouring Govcrnmt.^ of
Rhode Island and Connecticot, who you know have been greatly increased and enriched
by the War whilst the burden and charge thereof has layen upon this Province; And
likewise to press their earnest and unwearyed Sollicitations that we may be Speedily Sup-
plyed as we have humbly Supplicated. I doubt not but yor Interests as well as affection
to the Country will readily prompt you to be Serviceable unto them so far as may be
within yof Compass; and herein you will not onely oblige them, hut in particular him
who is — Gentn Yo^ assured and affectionate Friend
W Stoughtox
To Mr Thomas Cooper & M^ Benja Jackson." — Mass. Archives, vol. 106, p. 403.
Chap. 47. This chapter is from council records, vol. VI., p. 495. It is preserved in
archives, vol. 3, p. 384.
The following is the petition mentioned in the preamble which was prepared by the
Secretary for this chapter : —
"To the Right Honou'e W" Stoughton Esqf L'.GouL and Cofnandf In cheife, in and
over his Maj'^ province of the Massatusets Bay In New-England &c: — together with the
Honoured Cbunsill, & Representetives assembled in Gen" Court at Boston, Novr ye
IS;" 1606 —
The petetion of Sam\i Wheelwright of Wells in the County of York,
Humbly .^heweth,
That your petetionj with the rest of the Inhabitants of sd Wells, haueing been (by the
Righteous hand of god) for more then Eight Years, Vexed with the attacts outrages and
barbaretyes of the french and Indian Eiiemy, your petetionf & :cta were at Considerable
Charge to Erect fortefy cations and to repaire them all this time, but now they are most of
them quite Rotten, and of very little Value as to any deffence, and it is credabley reported
y' yj ffrench & Indians, Intend a more strenuous attact vpon Vs yp next spring. If god
prevent not, and our Estates are so wasted, and our strength so small, that we are not
able to bare vp our part of publick taxes (as hethertoo we bane done) and to build these
forts a new, yt we may be in a more likely way of deffending our selues and repulsing
yp sfi Eiiemy, and to quitt j'p place, we a,re vnwilling, for beside what may be &<? of our
own Intrests, it will Ije a farr greater dainage to the publick and without som assistance
we must of Nessessety draw off and shift for our lines, — the premises Considered, your
petetio; In the behalfe of the Inhab'.s of sd Wells, humbley prays that this Hon^d Court
would pleas to remitt what rates are alredy due (from sd Towne) to the publick tresurey
of the province and omitt j'f Rating of vs in the next assessment, and that his Honf the
Leiu' Govr would pleas to giue Comand to Cap'" Everitt or whom the honi^'« Lieut.
Govr shall appoint, yt he with yp soldiers there assist vs in the reljuilding and repaning
those Garrasons, as his Honj" may think ffitt, so will your pctetif &c: Rebuild and
further adventer their lines and Estates in standing their ground, and deffending his
Maj'3 Intrest in those Eastern parts, as god shall assist, — and remaine as in duty Ever
to pray &c." — Mass. Archives, vol. 3, p. 3S4.
The following is copied from an entry in the account of the province treasurer from
November 11, 1696, to May 22, 1697 : —
"By abatement to y^ Town of Wells they being a frontier to y« enemy
& often attackt & their fortifications much decayed & out of repair
they to rebuild and further adventure their lives & estates in stand-
ing their ground to defend his maj^^ interest in those eastern parts,
passed by ye General Assembly ; . • 12„ — y/ — •"
— Ibid., vol. 122, p. 81.
Chap. 48. This chapter is from council records, vol. VI., p. 497. It is preserved in
archives, vol, 101, p. 61.
* Executive Records of the Council, vol. 2, p. 440.
t Masa. Archives, vol. 122, p. 101.
622 Province Laws {Resolves etc.). — 1696-7. [Chaps. 49, 51.]
The following is the petition mentioned in this chapter : —
"To y° Hon^ble y" LeiuJ Gouemr Councill & Representatiues In Geni. Court assembled
In Boston by Adjoui-nem^ y"^ 18''> Novf 1696
The petition of peeter Ayer in behalf of Benjamin Allin Constable of Salsbury & himself :
Humbly sheweth,
That whereas M' Treasurer hath sent forth execution agst y«^ estate of sf Benjamin
Allin to y value of eighteene pounds eighteene shillings & four pence : this s^ Allins
estate Ijeing greatly damnified thereby : In y' Nine pounds fiue s thereof was Leauied
upon those Inhabitants w"? Newhampshire claimed to be wthln their line, & vtterly refuse
to pay to this prouince & the other nine pounds .18;' 4"^ the Select men hauo notj^et assessed
J" same & therefore y" Constable ought not to respond y same to Mf Treasurer.
Your humble suppliant prays Reliefe in this Case without w^'i he is a great sufferer in
y' more Land is taken from him then he acco'^ worth forty pounds : & hath noe way to
help himself : w'^ it and y charges : vnless by your Hon^ returne of it.
Yo"' most humble SeruJ
Peter Atee." — Mass.
Archives, vol. 101, p. 61.
This petition was read in the House on the eighth of December and on the ninth the
vote which constitutes this chapter was passed and sent up to the Council where it was
immediately concurred in.
For further proceedings on the return of the committee in this case, see resolves, 1698,
chapter 20.
Chap. 49. This chapter is from council records, vol. VI., p. 497. It is preserved in
archives, vol. 70, p. 306.
The following is the petition mentioned in the preamble to this chapter which was added
by the Secretary : —
"To the Right Hon\e Wn> Stoughton EsqjLeiu' Gov.''& Comandfin Cheife in and Over
his Majts province of the Massatusets Bay in N : iEngland &c together with y? Honour's,
Councill, and Representetiues asembled in GenH Court, at Boston by adjournmt Nov'
yo 18"^ 1696,
' The petetion of Jams Convers of Woobourne in y f County of Midd^ in y province
aforsd ,
Humbley Sheweth,
That whereas in the Year 1693 ye Eastwd Enemy Indians, by their Letters, pretended
to Humble them, seluss, and subject to y? Crowne of England, — his Exelencey Sf Wip
Phips (our late Gon;) vndertook A Voiage to Pemoquid vpon that ace', being acom'panyd
with divers of his Maj's Councill,. —his Exel^y desu-ed Your petetion^ (who had formerly
been Improued in severall Expedetions, as also severall treatyes, Eastwd &c:) that he
would waite vpon him to Pemoquid, at whose Comand your petet.r went, again in June
(95) ye si^ Indians by letters (and pretendedly faire, but realy, falce promises) were the
Cause of' this Gin'} Courts, sending two of the Hon^d Councill, and your petetionp to
Negotiat3 y' affake, with Comission and Instruoiians, from his Honf & councill to y' End,
since Which, this last suiSar, His Hon.'' was pleased to send me on A Journey to Grcaton
to meet with som Volantesrs yf Came from quoneticut Collany, with Instructions how to
act in y5 Matter, I was ordered to take a man or two with me for advice, and one soldier,
&c — i Requested Cap'" Bancroft, who was with me, three days, and y? soldier three
dayes, your petetionj was fiue dayes, I also payd all the Exspences for vs three and our
horses, which Cost rtie fifteene shill.s, the wholl of the time upon these three ocasians was
aboue six weeks and money Nessessaryly Exspended near three pound, and there being
no act of the Gen'.' Court, to direct how persons shall be recompenced for such servise —
your petetionf prays that this Honrd Court would please to determin what he shall
receine for the sanie, and liow he may Come bye it, so shall your petetion^ bo redy to
serne j'e publick as formerly he hath beene, and remaine as in duty to pray &c
Ja8 Convers." — Mass.
Archives, vol. 10, p. 306-
The date of the order in Council* directing the province treasurer to pay this allowance
is January 21, 1696-7, and the payment is charged in the treasurer's account.f
Chap. 51. This chapter is from council records, vol. VI., p. 497. It is preserved in
archives, vol. 101, p. 58.
The following is the petition mentioned in the preamble which was added by the Secre-
tary to this chapter : —
" To the R^ Hon¥ y Lent Gouern"; y Hont" Council & Representatiues of y« prouince
of v^ Massachusets Bav. now conueen[ed+] & sitting as a great & Gen',' Com-t, att Boston
this 16'" of Septemh': 1696
The petition of Nathaniel Louejoy, & Joseph Hoyt
humbly sheweth
That whereas yor Hon':^ poor petitioners father, John Hoyt whoe was lately of Alms-
bnry, & murdered by y« Indians att Andoii^ about six weeks since, being Constable for
Almsbury in y" year 1689 : or 90 : & not haueing cleared his accounts w"' the Treasurer :
y« Treasurer James Tayl^ Esq : arrested o"; s'' father and put him into Salem prison, where
he was some time, [&t'] o\ Compassion, (as in duty bound) was su h to o"" father, y' we
yo^ Honfs petitioners became suertys for y° pavmcnt of twenty pounds to y" Treasurer,
which sum is not yet payd, & o^ father being dead & leaning noe estate not to y« nalae of
* Executive Records of the Council, vol. 2, p. 441.
t Masa. Archives, vol. 122, p. 102.
X MiiDuacript mutilated.
[Notes.] Province Laws {Resolves etc.). — 1696-7. 523
fiuo pounds, wo are exposed to y payment of soo much money, for which we neuer can
hauo any satisfaction, their being no estate Rosponseblo
Wee yo"" Hon" humble petitioners doe therefore pray that yo^ Hon" would be pleased,
to giue ordjs to M£. Treasurer, for y Cancelling of obligations, o^ pouerty Compelling us
to make this plea: it will not be felt by y prouince, but will (if we are forced to pay it)
undoe yC poor petitioners, y" one of us (uiz) Joseph Hoyt being not only left an orphan,
but destitute of any releif, y' can bo had from any estate y' was formrly his fFathcrs, yoi"
lion" taking the promises into y" serious Consideration, will for euer oblige, yo^ Hon^s
Humble petitioners, as in duty bound for euer to pray &c.
Dat : Septbr 12':" 1696
wee alsoe pray that Cap'. Christopher Osgood, y Represontatiue of Andou^ (whoe under-
stands this whole matter) may haue libertie [to*] speak to, & explaine, this o^ Humble
petition, Nathamael Loueioy
, ,. , -.^^ „ Joseph Hoyt." — Mass.
Archives, vol. 101, p. o8.
This petition, presented at the second session, was read in the Council on the twenty-eighth
of September and sent down to the representatives. It was not taken up in tlie House
until the ninth of December on which day the vote contained in this chapter was passed,
and concurred in by the Council. The treasurer credits himself by this abatement, in hia
account.f See 1695-6, chapter 8.
Chap. .52. This chapter is from council records, vol. VI., p. 498. It has not been
found in the archives.
Chap. 53. This chapter is from council records, vol. VI., p. 500, and archives, vol. 30,
p. 399.
The particulars of the murder, committed October 5, 1696, which led to the issuing a
commission of oyer and terminer, appear in the paper hereunder printed. Richard Church
of Hadley, the victim, was nearly twenty-seven years of age, a tailor, son of Samuel and
grandson of Richard, one of the first settlers of Hadley, who removed thither from Hart-
ford, Connecticut, in 1659.
By the act of September 12, 1694,+ — a temporary statute which had been revived and
continued by subsequent acts — all the Indians of the province had been required to keep
within certain limits, upon the penalty of being treated as enemies if found outside of the
lines. This law, however, did not extend to those portions of the county of Hampshire
west of a line parallel to and five miles east of the Connecticut River.
The exposure of the settlers of this province along the Connecticut and Deerfield rivers
to violence fi'om Indians supposed to be friendly, as well as from known enemies, is
shown in the notes to resolves, 1693, chapter 7, and 1694-5, chapter 62. In the instance
which induced the vote that constitutes this chapter, although information of the murder
aud of the measures for redress taken by Massachusetts was promptly communicated to
Governor Fletcher in order to anticipate any objection from the friendly tribes of New York,
the identity of the Indians held for this murder was questioned by the sachems of the
Schaghticoke, or River, tribes. Their remonstrances were pressed with such urgency that
Fletcher felt obliged to interpose to prevent, or secure reparation for, any injustice to his
savage wards. This rendered the case one of exceptional gravity, calling for the utmost
care and delicacy in its treatment.
On the day alter the murder, Captain Partridge despatched the following letter to the
Lieutenant-Governor : —
" fiFrom Hatfeild Octob'' 6 l69i
Right Hono^ij'e Sr
These are to aquainte you y' on y 5"i Ins' at Hadley about y Sun goeing down was
killed One man by Indians about two miles from Town in the woods Upon which some
Souldiars with ye New Roxbarry Indians (being here) persued & Overtooke & wounded
One, tooke another, & two fledd yet came in saying thev meete with frentch Indians yet
y« Souldiars & Indiansjiudgeing they were the men did the mischeife were apprehended
Examined & found Guiltie as ^ their Examination Enclosed appeai'os & are Secured in
safe Custady Upon which we have thought meete by these two men the bearers hereof to
lay before yo"' Hono'' this account of c proceedure thus farr holding it o^ duty before
further proceedure with these Indians to aquainte yo'self with the matter intreateiug
speedy Order may from yo'self be given about them as alsoe these Ijeing p' of y« Indians
now here amongst us & therefore the whole Company may be in some measure Culpable
we have dissarmed the Rest & both men Woemen & Children have Secured as we can till
yo'' Hon' please to give ord"' concerneing them alsoe, all the Gentlemen meete do Huml)lv
propose in as much as they are so treacherous & deceitefull as they have by those that
have done this Outrage approved y'"selves such as may no Longer abide amongst us
without great danger & hazzard of Some more Outrages "to be done amongst us That they
may be drawn of from us to Some place w they may be put out of hazzard of doeing
Mischeife & harme if they be sent to Albany (being a RevengfuU people) they may j'et
from tyrae to tyme be contriveing & doeing mischeifs upon us & therefore propose y'
some other methods may be taken with y™ Either to send y" over Sea or nere the Sea
Coasts on some jland &c Derefeild people Liveing in a hazzardous place are fearfull con-
cerneing y™ prfended Freinds proveing Enemys being worse then Op.n Enemvs; Alsoe QOT^Arann.. f n
y Some notice be given to Albany of what is done by Indians that come from them yt Bortaortherp
they may have a more strict Eye & Observation of their Indians y' they come not this abouts
way & be an Occation of increaseing troubles & misheifes betwixt y™ & Us Our prsent
Ord" inhibiting their Comeing here & the more Especially now mischeife hath alreadv
* Manuscript mutilated.
t Mass. Archives, vol. 122, p. 87.
% Province Lawn, 1694-5, chapter 10.
524 FRoymcE LiAws (Besolves etc.) . — 1696-7. [Chap. 53.]
*
beene done by them as afores<5 Our men in these p" being exceedingly possesed with a
vehement spirit against all Indians not indureing the sight of them as to y" p^sent
Indians now in Custady as Enemys & murthers I beleive o^ men Expect some allow-
ances for y"'- which we intreate may be So Ordered that Each one may have such a
divission as may be to the Satisfaction of the whole Company & Others y' have beene
active m this matter y' no quar's arise on such triviall accounts as men are Verry apt to
do with my most Humble Service p^sented to yo^ Hono"" & to all o^ Hono»'''° & Worthy
ffireinds of yo^ Counsell desireing the God of all Grace to give Guidance & direction to
yo'' Hono'''' in all those Weightie concerns under yo"" hands in this troublesome &
perrilous Oui' begging yo' pray" ior y Out Skirts & Remayne yo^s Honors much oblidged
i° S^'"^^^^ Sam- Partrigg
at y« writeing of this we have alarms renewed upon us a man shot at betwixt Hadly &
Springfd alsoe betwixt Derefd & us One travelling was surprized by some of y^ Enemy on
ye Rhode as he sayth so y' we are full of hurrys on Every side." — Mass. Archives, vol.
30, p. 381.
The arrested Indians were immediately examined before Captain Partridge who was a
justice of the peace. A copy of this examination was forwarded by Partridge to the
Lieutenant-Governor. It ran as follows : —
" Hatfeild Octobr 6 169G
The Examination of 4 Indians w^^ were persued by yo English & New Roxbury Indians
one of which was taken another they wounded & two more Run away but came in ; by
Aaron Cooke & Joseph Hawl'ey Esq""s & Sam" Partrigg y° Comisson OfQcers of these 3
Towns ye Rev'*! m"" Stoddart & m"" W™ Williams being p^sent w^'' is as followeth
The Indians were named Umpanchala, Weinpuck, Mahweeness, & Strawberrys Son —
After we had Examined y™ Severally they all of y" were peremtory in denying they killed
this man, yet haveing beene out 3 days besides the day they did the mischeife they were
Exammed as to all Circumstances refferring to this matter in which they contradricted y'"-
selves & one another yet all denyed the fact at first although the Souldiars y' persued y"'
from yo place w y« man was killed took y tracts of 4 Indians as they judged & followed it
till they overtook y- Indians without any varrieing tracts w^i> was much pressed upon y™ y'
it was apparrent that they must be the men & no other yet denyed the fact as aforesd —
Upon w<;'> keepeing y"' Singlely all the while we appointed one of y" viz Umpainchala
to be carried to the place w^" y misscheife was done & there to shew him y masacryd blood
at y" place w y man was killed at w='' place with oute threats from o"^ men he owned that
Mah Weeness & Strawberrys Son did kill the man & he & Weinpuck was with y" but as
he sd did not act
Alsoe he owned the same w" he was brought before us againe & being further Ques-
tioned wheather they had not contrived ye misscheife beforehand & before they went Out
amongst y Indians w>^i' he would not own And being Questioned of the Reason of their
so doing he would give no Reason of it but that they did it on a Sudden meeteing with a
Single man in y woods —
Then was called in Weinpuck & was Examined
Why & who it was that killed the man wc'> at first he seemed to make strange of & not
to own but being told y' Umpanchala had owned & s^ he was there after w^'' he owned
alsoe y' he was there but Waweeness & Strawberrys Son killed ye man but he had no
hand in it —
Then was called Strawberrys Son & Examined
After many Shiftings in the matter & saying his p'n'' lyed yet after awhile owned he
was there but Maweeness shot the man & had alsoe a Bow & Arrows
Then was called Wahweeness & Examined
Being charged with the fact & told that his p">" all 3 of y» accused him yet he denyed
it Ijeing much disturbed Chargeing his p<"" as Lyars in accuseing of him & holds his deny-
ing of it yet they Confessing & accuseing as afores^ these 4 Indians are Secured in safe
custudy till further Ord'^
A true Coppy of y Examination of the abovenamed Indians taken this 6 Octob'' 1696
attests Samll Ta^rtrigg." — Ibid., p. 382.
At that time the Superior Court of Judicature, which held the assizes for the trial of all
capital cases throughout the province, had ceased to hold sessions in Hampshire County
by force of the act of June 17, 1695.* It, therefore, became necessary to issue a commis-
sion of oyer and terminer as provided by the province charter t As soon, tberefore, as the
news from Hadley reached the Council chamber it was "Advised and Ordered, that a
special Commission of Oyer and Terminer be made out unto John Pynchon, Saml Par-
trigg, Aaron Cooke, Joseph Hawley Esqi^ and Joseph Parson Gent, or any three of them,
whereof the said John Pynchon or Sam^ Partrigg to be one for Tryal of the said Indians
&c according to law."t
With this commission was enclosed the following letter from the Lieutenant-Governor
to Colonel Pynchon, the first justice named in the commission : —
" Boston Goto IS'-h 1696.
S?
Haveing rec'i an accof from Capn.e Partrigg of the faleshood and treachery of the
Indians residing neer Hatfield (pretended ffriends) in a late barbarous murder by them
perpetrated upon one of s^ Town, and that ffour of them are in custody, who upon
Examinacon confess the Fact ; Wherefore from the present necessity for his Ma'y^ . Service,
and the Speedy Execution of justice on those bloody Villains and Rebels, I have with the
* Province Laws, 1695-6, chapter 4. This act continued in operation until December 10, 1697,
after the proclamation of the Peace of Ryswick.
t See Proc. MaBS. Hist. Soc, vol. XX.. p. 297.
X October 10, 1696. Executive Records of the Council, vol. 2, p. 419.
[Notes.] Province Laws (i?e.soZ?;e.<t etc.). — 1G96-7. 525
advice and consent of the Council, bore inclosed a Special CoiTiission unto yoj Selfe and
several other Gent'; williiii llie County for that purpose with a Dedimus for administrin.t^
an oatli to yo'selfe &c. As to the demand of the Souldicrs for allowance for the 8<f Indians
according to the direction of the Law; the case being something ditrcrcnt from that
expressed in the Act, the Council thought it advisable to refer the same unto the consid-
eration of the (icnei-al Assembly at tiacir next Sitting which will bo in a short time to
come, who will doubtless be ready to give all duo EncouragcmJ unto the Souldiers As to
the remainder of the said Indians, care must betaken for securing them, till there shall
be further order thereal)': in Avhich the Council will advise, & give directions concerning
thesas soon as may be — It will be advisable that all y" male persons among them be taken
into some more strict custody in y^' prison or elsewhere that they may be kept y more
safe until they be removed. I shall give an aecoj of this mischicfe unto Coli? Fletcher by
y" next Post and pray his giveing more strict orders for restreining their Indians visiting
of yoj parts. I trust those now in custody shall not Escape Justice and you will give
yp necessary orders for the Securitv of the parts within joj Regiment.
I am Your very loving Friend
Wm SxouoHTOjr
Col? Fynchon." — I bid., p. 3S3.
The commissioners met on the twenty-first and after taking the qualifying oaths imme-
diately empanelled grand and petit jurors for the .indictment and trial of the prisoners,
two of whom were convicted and executed as principals in the murder and two others
were convicted of being accessaries.
The attainder of the latter was suspended until after advice upon the question of their
punishment could be received from the Lieutenant-Governor.
The proceedings before this tribunal are given in the following official report : —
'* Right liono™^'''' Sr w"' y" Hono'^W" Gentlemen in Counsell
These are to aquainte you ,y' yo'^ to Coll'- Pynchon Esqf wi" a Comission to severall
Gentlemen here to hold a Co^te of Oyer & Terminer was Reed & accordingly Coraunicated
to all Concerned therein ; Upon which an Order was forthwith Sent to c SherrifFe for this
County of Hampshire to impannell & Warne 16 of o"" ablest men for Grand juro'"s & 12 as
Pettee jurors; The 21st Ins* in Northampton lieing the tyme & place of Meeteing accord-
ingly y Gentlemen Mentioned in the Comission ix y afores^' jurors meet Haveing taken
y''' Oaths Respecttively ; The 4 Indians viz MaWeeness, Mahquoloss, Wenepuck &
Umpanchelo Prison^s; The first viz Maweeness was indited as a Principall in Murthering
Richard Church of Hadly an English man to which the Other three testified that Ma-
Weeness with y° discharge of his Gun shott y« man & all Circumstances agreeing y«
Grand jury Returned On ye inditem' Bille Vera The Pette jury found him Guiltie Also
Maqualoss was indited as a principle acto'' in s"! Murthor to which the two viz Wenepuck
& Umpanchelo testified y' Maquoloss ran up with MaWeeness to y English man w" y«
Guns were discharged & stood peremtory to y'"^ Tests face to face Upon which with Other
Circumstances y^ Grand jurors Returned On y inditem' Bille Vera & the Pette jury
found him Guiltie Upon which Unto these two Incttans y<= Sentence of death was pro-
nounced to be Executed On the 23 Ins' at two of the Clock in y« afternoone & accord-
ingly was Executed &c
And As to y Other two Indians Wenepuck & Umpanchelo they were indited as Acces-
sories if not principals in s'^ Murther, Upon y'"" Own confession of accompanying with
other Circumstances & so taken & Especially concealeing both before & some Considerable
tyme after Examinatio The Grand jury Return"^ their inditem' with bille Vera & the Pette
jury found y™ Guiltie as Accessaries Only —
As to these two prison'^s although they are brought in as Accessaries & the Law being
Extended may Render these Lyeable to Execution as with y« Others with death yet we
have at pi'sent Suspended y matter hopeing to obtaine advice from yo'' Honor's in o-' tfur-
ther proceeddure with y™ Upon these considerations fFoUowing' — '
1 By y joynt testimony of these men peremtorylie afiirmeing & abideing by their
Testimonys to y Last ; Those two already executed their condemnation was made cleere
& Satisfyeing to all yt acted thereupon yea to y Other Indians who we caused to be
prsent at their Examinations &o — '
2 Wee have No Ground but their Own confession to make y™ Accessaries but their
accompanyeing & being taken wtii y™ & concealeing To w'' they Reply they were afraide
to come in & informe p''sently Least the rest should not be taken & So bring the Guilt
or fault to be Chargd upon themselves alsoe that they did not Know o"" Laws if they had
they would have Come in prsently & informed &C' — '
3 They pleade their Own manners in such cases of Murther Those that run away & act
nothing they Useally ffree, Although this be no bindeing thing as to us yet haveing such
a nation to deale with that Know no better it may y^ Rather Mitigate y« Offence
4 The case is so circumstanced with us at pi'sent y<= intanglements & interweaveing
dificulties that do attend us in as much as some kinde of Amitie is agreed upon under
which many p'tend ffreinde shipp that are indeed Enemys, & Enemys y' are so indeede
shrewd themselves Undecerned to us, alsoe those that are & would be ffreinds are So
instigated & all sorts of y'" given to Revenge yt it calls for y<= more Even & Warie Stepps
in these proceedings to be taken so that if we should say & propose y* some are for keepe-
ing y™ in Securitie with hard Labo''s to cleere thire keepeing, some are for Banishm' some
for Sending y"' Out of y Country, And none for Returneing y™ to their former Station
yet we desire all may be concluded in yo"" Hanoi's advice- — '
And as to v Remaindr of y Indians in Hatfeild w'h are 6 men & two were gone Out
with ye NewRoxburry Indians Undr Pef Aspenall in all 8 Alsoe 9 Squas & 23 Children
boys & girles in all 40 persons w^^ are under bonds as aforesti Wee propose yt they be
removed, some propose to Albany theire to abide & not here to appeare againe Especially
if Armed On paine of death or libertie for any one to shoot y™ down ; some propose they
bee Removed to some jland never to returne into these pts but yet all is Subjected to
yo" Honors advice & y^ good Lord of Heaven Guide & direct yor Honors in these & all
526 Province Laws {Resolves etc.). — 1696-7. [Chap. 53.]
other yc "Weightie and difficult concerns that they may be by yo^ selves so Ordered &
Managed as May be to his Glory & yo Good & Welfaire of his poor Wilderness people
is the heartie desire of yes Much Oblidged in Service
^^r 00?°°"} ^ ^"''''' V^^Tmoor-Ibid.,p. 378.
To this report was appended the following postscript and direction : —
" Pet'' Aspenall tooke j" two Indians abovenamed from Out of y" place we had Secured
y™ & by a Wile got y'' Armes w" he was forbidd so to do ¥ Sam" Partrigg Undr whose
Custudy or appointm' they were for w«'» he Ought to answer of which more hereafter
&c-
As to y<' Kings Maj's Amercemts & ye Charges of this his Ccte we shall Endeavo'' to
take account & give in as soone as things are Issued & Returne can be made &C' — '
To y Riifbt Hono"'^'''" W'" Stoughton Esq"' L" Govr &c These p^sent with Care &
S]^eede." — lbid.,p. 379.
The court was kept alive by a Ijournment to await the decision of the Lieutenant-
Governor and in the mean time Partridge oflE'3red to Stoughton the following humane sug-
gestions, or reasons for a reprieve, or possible release, of the two accessaries : —
"Reasons why those two Indians in y County of Hampshire apprehended Upon the
Murther of Rich : Church & by a jury there found as accessorys to sayd Murther should
be Repreived & if it may be Released &c
1 These two Indians by their plea it appeares it was a Chance yt they were in sight of
s^" Indians yt did the Murther & No ways forethought or plotted this thing but at 30 Rodds
distance or thereabouts did see y'" shoote & run up to the Englishman as afores' & drew
back & had no hand in it.
2 If a man by Chance falls in Company of Murtherers or Robbers & they y" act their
wicked or bloody designes (is this man because upon y Gi'ound an accessorie) This may
be y" case of a verry honest man & no ways Guiltie if he forthwith make discovery of y"
act : if he should be so weak as to conceale it, it is or Seems to be verry hard to Render
this man accessory Except in y^ Lowest degree of accessories w in Some Other punishm'
Less then death may be inflicted
The like Reason for an jdiot : &c
3 Wee have no other Grounds to go upon agst these two Indians but by their Own
relation of Matters w^'' was as aboves'i & they discovered the Murtherers &c» & as to con-
cealeing they give their Reasons- — '
4 An accessorie must fore Know thinke contrive or consent we have no such
appearence- — ■
5 It is a difficult tyme j" Providence of god hath verry much frowned upon us stirring
up y heathen ags' us & it Saeuis to be prudence to take of all occations y' may aggrevate
their Evill spirits ags* us as much as may be (Except in cases of hostilitie) That though
the Law in strictness might call for further proceedure ags* them yet in many Respects in
this tyme of warr blood and Captivitie we may have a call to abate it &c» Least y^ Strict
Execution of a Law on y™ that do not Understand it. May instigate Cruelties ags' some
of oi's as the case may be circumstanced, Especially Least we or till we declare all indians
to be Enemyes &c Samll Partrigg." — Ibid., p. 400.
About a month later Partridge and Parsons, two of the justices, in sending recommenda-
tions to the Lieutenant-Governor and Council respecting the best coursj to be taken for
the defence of Hampshire County against the French and Indian enemy, improved the
opportunity to submit the following : —
" Some propossalls as to an Issue Refferring to y Indians in Hatfeild the murther there
done & those Indians yet in Custady &c
The Coi'te of Oyer & Terminer held in s<^ County by ajournm' yet Continueing with this
proviso Except ye L" Gov & Counsell say it may not l)e
That y« Pette jurors be sent Out againe Upon yf two Indians in Custady they haveing
Since declared at Least many of y" that they did not Know yt a Virdict upon y™ as
Accessorys would touch life
That sd Co'te then proceede to an Issue concerneing y™ Eithir to a discharge upon con-
ditions, or otherwise to Sentence & condemnation Except the L* Gov see Meete to repreive
them for a tyme
That ye Remaynd' of ye Indians Now in Hatfeild Remayneing there be wholie dis-
armed & Submitted to such Manners & Ordi^s as Co" Pynchon shall direct his Und'' officers
to; Provided Nevertheless they be warned to go home to Albany & Not to appeare
(takeing notice themselves & give notice to all others yt if any appeare in o"" Qua'^s Armed
the English Will shoot them down at Least they will thereby be Rendered & accounted
Enemys Samll Partrigg
dec 16 1696 Joseph Parsons." — Ibid.
Meanwhile Partridge sent in the following account of expenses attending the trial of the
prisoners : —
" An accompt of Charges & Expences of ye Tryall of fowr Indians at a Co'te of Oyer
& Terminer Holden at Northampton in the County of Hampshire on ye 21th day of
Octob' 1696
[Notes.] Province Laws (Resolves etc.). — 1696-7. 52?
The Hono™'''" Jolin Pync-hon Esq-- 4 dayes 01-00-0
Sam" Pavtrigg ] 6 dayes 1-0-0
Joseph Ilawley I ^ 4 dayes 0-16-0
Aaron Cooke f ^^^ 4 dayes 0-16-0
Joseph Parsons J 4 dayes 0-16-0
Jn» HolVOke Esq' ) o l u r,n ^n r,n
ThoCoftonGent [ 2 dayes each 00-12-00
m' Jn" Pynchon 3'1 Clerk 00,, 09 „ 00
Mf Ebencz'' Pomery Attorney 00,, 12-00
Richard Webb interpretr 1„10„00
Grandju™ 16 men one day — 2' i> 1-12,, 00
Pette jn™ 12 men 2 days a peice at 2M> 2-08,, 00
two posts horse & men from Hatfield to Springfield 35 miles at
at* 8» G'i a peice 0„17„06
To 30 men a day Ik a Night a peice to Guard j" Indians at
Northampton at 2-- lr> 3„00„00
Provissions for 4 Indians 1 5 days & Nights &c at 6'i F . . 1 „ 10 „ 00
To 8 men in prsuite of s'' Indians one day apeice at 1^ !> . . 0 „ OS „ 00
To 15 men 2 days apeice after s"' Indians at Is 't> day . . 1-10,, 00
To ;-i7 men 1 day & a Night by turns Guarding s'' Indians
at 1/6 4J' 2„15„06
To 1 day of one man to get Irons made to Secure s'^ Ind at 2s 0 ,, 2 „ 00
To y« Smith for jrons 8s 0„ 8„00
To Provissions for 4 Indians 37 days & Nights &c at 6<* ■P . 0 „ 18 „ 00
To mr Hawley w"» 10 men goeing out to place w y Murthcr
was done for further discovery of s'^ murther at Is !> . . 0 „ 11 „ 00
Enos Kinsley 1 day attendance & 9 days provissions & Secure-
ing 2 Indians &c at 1» 4> 0„11,, 00
fwor Indians at ^ head at 00* F
23-14-00
To m"" Jos Parsons to Secureing & provissions for two n s d
Indians 14 days &c . . . ' .-00 ,,14^00.
To 22 days of one man by turns to Guard s<i Indians at 1» •P . 01 „ 02^ 00
To 2 persons as Witnesses travelled 5 mile 1 day at 18<« F . 00 , 03 „ 00
To provissions for 4 Indians 4 dayes at at* e** F . . . 00 ,) 08 „ 00
To gi'ingt two Indians 7 weeks apeice at 3s apeice . . . 02 „ 02 „ 00
To 13 men Guarding s'' Indians 1 day a peice by turns at 1» . 00„ 13 „ 00
05-02-00
F Ordi- of Cone Samll Pahtrigg." — Ibid.,
p. 399.
The vote allowing this account constitutes this chapter. It was passed in the House on
the eleventh of December and concurred in by the Council on the twelfth.
The order in Council for paying the allowance from the province treasury was passed
on the seventeenth of December^ and the amount was duly charged as paid, in the treas-
urer's accounts. §
The uneasiness of the River Indians in regard to the fate of their brethren was a source
of no little anxiety to Governor Fletcher, who communicated to Stoughton the complaints
which had been made to him by the sachems. The letter in which this communication
was made, and which has not been found, was at once forwarded by direction of the
Lieutenant-Governor to Colonel Pynchon with the following letter : —
" HonWe s.V.
By Coffiand of the HonWe the Lieut. Govj- and Council I have inclosed the within
written from Govr Fletcher; whereby you will see what false Reports the Indians are
entertained with relating to the two Indians lately executed within yo;" County which
may prove of ill consequence unless care be taken to informe and convince them, that
they were justly put to death, as being the Murderers of Richard Church It's therefore
thought necessary, that yoj Selfe with the other Justices do forthwith cause a particular
narrative of the whole proceedings with them as to the manner time & place of their
apprehention first Examcpn confessions, Tryal & all circumstances relating thereto to
fasten the guilt of that blood upon them ; to be methodically and handsomly drawn up,
under yo.r hands, and speedily to transmit y" same unto his Honour the L' Gov£ that it
may bo forwarded unto Govj Fletcher, and to speak particularly whither any w~hipings,
threats or other Severitys were exercised towards any of them to extort a confession, and
to that article of their being Seized in a hutt or wigwam, and the manner of their being
put to death & to whatsoever else yon shall falsely insinuated* by the Indians in the
inclosed paper, the matter is of great moment yof care diligence and Speed therein is
therefore desired and expect^ of which pray faile not
I am Sr
Boston February 22d 1696/7 Your humble servant I : Addinoton
Colo Vjnchon." — Ibid.,p.402.
At the same time Stoughton replied to Fletcher as follows : —
"Sr
I had^the favour of yor.3 of the 23* past from Albany, with the Propositions made to
yof Exoy by the Sachems of the Schachooke River Indians in reference to two Indians
* Sic.
t Sic: guarding?
X Executive Records of the Council, vol. 2, p. 429,
§ Mass. Archives, vol. 122, p. 102.
528 Province Laws {Resolves etc.). — 1696-7. [Chap. 53.]
lately Executed at Northampton, for Murder, and am obliged unto you for the Reply
made unto them, and yo^ care to take otF their disatisfaction about that matter, which
appear's to be misrepresenfj unto them I am not altogether unsensible of the disposition
of the Indians and ^yas therefore the more Sollicitous that Affaire should be managed
with utmost circumspection ; and grantd Comission for a due and fair Tryal of the said
Indians ; which I am Satisfyed they had, three of them upon their Examcon at their first
apprehention confessed the Murder and accused the other Indian to be the chief Actor
therein and stood by their confession to the last, one of them dying with that confession ;
which proceeded from them freely without being extorted by "threats or punishm',3 as is
falsely insinuated in the Indians Complaint to yoj Excy. and were not put to death by
shooting. I shall give Order to have a full and particular narrative from the Gent'i upon
the place that were concernd in that proceeding as to the circumstances concurring
thereto, and shall transmit the same unto yo.' ExC^. whereby the Indians may be fully
convinced; the Justices of that County informed me that y" Evidence was so full and
clear against them as was fully to the Satisfaction both of the Judges Jurors and all the
Auditory, even the Indians of their own Company that were present at the Tryal. I
shall advise concerning the other two Indians in custody and those remaining in or about
Hatfield I Pray yoj Ex^. to use utmost Endeavors to pacify & quiet the Indians, that
no inconvenience may happen by their being imposed on or abused by false Reports, and
that they may receive Satisfaction in Justice takeing place upon any of their people
for their crimes. ^^
Boston February 224 1696 7 ^ ^°^ most^lfSSi^naf 'humble servt W. S.
Gov Fletcher." — Ibid., p. 401.
In response to the request of the Lieutenant-Governor the commissioners of oyer and
terminer prepared the following narrative of their proceedings which is also a reply to
the objections communicated by Governor Fletcher : —
" A Breife Narative of the proceedings of Severall of his Maj'is Justices of the Peace for
ye County of Hampshire & at a Ccte of oyer & termin'' Holden at Northampton On
the 21 of Octobr 1696 By Comission from y« Honorable L" Gov & Counsell iu Boston in
New England where were Examined & tryed 4 Indians in suspicion of being Guiltie of
the murther of Rich'' Church an English man in Hadley which is as ffoUoweth
Upon ye first News of y s^ murther in Hadley afores'^ Severall men from Northamp-
ton,Hadley, & Hatfeild imeadiately went forth to y place (about two miles from Hadley
in y« Wilderness) where s'' murther was done & did tiude sd Church murthered by a gun
shott Through his heade & by an Arrow shott into his Body his Gun with some p's of his
Cloaths & a Scalpp taken of "from his head being carryed away, from thence s<i Sould's
Some of them Returned home with y" dead man and Others did persue Upon fFresh Tracts
forward into the Wilderness in which motion they found where about four Indians had
lyen without fire the Night before as it appeared to them; alsoe in s^* persuite was taken
. up & found a p'' of Deers horns with some p'^ cut of newly & the same pts or peices
found at a fire near where they tooke One of sayd Indians & the other 3 fledd which
after came in to Hatfeild thereabouts alsoe was found Shaveings & Chipps of the same
timber of a Gunstick taken with y<= Gun Viz Maquolous Gun Alsoe in One of the Indians
Packs was taken Severall Arrow" Rodds of j" same kinde of wood with yo Arrow fixed
& Shott into ye Body of y" sayd Church A"fter wch sf" Sould's Returned "with y« Indian
taken & soone after the Other" tlu-ee Indians came in to Hatfeild & being apprehended
were had in Examnation before Sam" Parti-igg Joseph Hawly & Cap' Aaron Cooke
Esq''s three of his Majt's Justices &c togeather with the Revrd mr Sol: Stoddard & m'
Williams two of o"" minesters w^ after many Excuseing & Contradictory Answers from
sd Indians as to y^ matter of ffact putting a denyall thereto; Ons of the s'^ Indians
Pemaquenaxett by name a young man of about 18 ys of age was Ordered with three of
C English men to goe Out to y" place where sd murther was done who there Veived the
place & blood shedd on the ground then & there being Questioned with about ye matter
be without force stroak or Violence used towards him or Threats that way the s^ Indian
Owned that Mahweness & Mahquolous two of the aforesd Indians by their Gun & Bows
& Arrows killed y man shewing where they stood w" they did it, & w himself & Wene-
puck stood considerably distant & Saw them kill the man & being brought home againe &
before v aforenamed Gen'hnen there alsoe Owned y same That Mahweness & Mahquo-
lous killed the man : Alsoe then Wonepuck being called Owned the same ; Mahweness &
Mahquolous being then brought they Would not Own against themselves Yet Mahquolous
Verified w' the first two Indians s'^ as y' Mahweness killed the man, but not against
himself.
Wee Further add that such care was taken Least that y Indians might be wronged
(That after y confessions afores<i) to finde Out the truth of what was declared two of
o'' Justices Viz Joseph Hawley & Joseph Parsons Esq^s with Eight Other men takeing
two other of the Indians Prisoni^s viz Mahquolous & AVenepuck to y place wf Richard
Church as afores-i was murthered. These two Knowing nothing that Ever Pemequenoxet
was there thev goeing in two Companys w'li the Indians seperate about a mile One from
y Other, Leaveing the Indians to Lead to the place, Wenepuck at a great distance shewed
us whereabout the man was killed, & comeing to the place, Shewed us the Verry trees as
hee sayd the two Indians stood at yt killed the s'l Church, One being about four rodds the
other Six distant from y" place where the man was slaine, AVhich trees were the Verry
same w<^^'' Pemequenoxsett had Shewn the Weeke before as appeared by the Testimony
of Nath' Allexandr who went out both tymes ; Then hideing Wenepuck in a Swamp the
Other Indian Maquolous came directly to the same place & Shewed the same trees, Where
he s'l Mahweness & be himself stood saying twas Mahweness killed the man —
After which according to a Comission from ye Hono™We Ltt Gov & Counsell a Corfe of
Oyer & Terminr was Holden in Northampton aforesd On ye 21 Octob"" 1696— Where wera
pi'sent
[Notes.] Province Laws (Re.'^olves etc.). — 1(590-7. 529
The Ilono'''''''' John Pynchon Esq"^
Sara" Tartrifrg ] And Sixteeno f^ood & Lawfull men irapan-
Josciih Ilawioy >-Esq''s nclled as Grand jiiro''3 two persons Aciirate
Aaron Cooke J in the Indian tounf,'o Sworne to be faithfnll
Joseph Parsons Gentle"' interpreters And all tlic Indians from Ilatfeild
m' John Pynchon Clerk & herealwuts present —
Ebenezer Pomery bcin;; appointed y Kings attorney did in his Maj*'' behalf prefferr a
bill of inditemcnt against Mahwcness as prineipall in Company with Severall Others for
murthoring of Rich : Church On such a day as P Inditement
M'hich bill the Grand jiiro''s returned lSil/,a Vera
Then he was pnt upon tryall of his life by a jury of twelve men Every One Lookeing
the Prison"" in the face & Challenge of aiiy allowed : his Inditemcnt being lleade &
interpreted (virbatim) he pleaded not Guiltie, & put himself On tryall by God & the
Country ; After which the Attorney proceeded, & Every Evedence face to face & the pleas
being distinctly interpreted to him; in the case, it was then Comitted to the jury, the
Indians all the tyme standing by (who Understood both Indian & English langguigo) the
jury Brought in their VirdicL that they finde sd Mahweness Guiltie of the fact wherein he
stands indited.
What the jury acted upon it is not for us to determine but doubtless Upon good ground
findeing the (fact — They had it Evedenced to y'" the death of the person with the cir-
cumstances of it alsoe this Indian being Wounded in ffresh persuite from y° tract from y
dead Corps which he Owned that he was in Company with y"» w^^ Owned the fact as alsoe
the peice of y-' Bucks home found nere or at there fire cut of y" same horns found upon
their Tracts & the Testimony of his three Comrades whose testimony against him must
nessessaryly be true, they goeing seperately One after another into the woods not Know-
ing wt One or other had sayd all agreed to y- Verry same tree & spott of Ground wf
Mahweness stood w" he shot at Rich: Chu^ (the ground being full of trees round
about —
Then y Co'te asked the Indians w' they had to say why Sentence of death Ought not to
pass against him they by their cheife men answered that" it was Right & Ought to be so ;
The Judge passed Sentence that he should be shot to death accordingly did give Warrant
to the Sherriffa & it was Executed in Northampton On 23d of Octob'' 1(596
The like methods & proceedings was taken with Mahquolous & it being Evedenced to
the jury that about a fortnight before y" man was killed that y' s^ Mahquolous s'^ he
would kill & English man in Hadly because they were Unwilling they should Hunt in
their woods as alsoe upon ITresh persuite of the Tract he being in Company with the rest
as he Owned, A new Gunstick found in h^l Gun the Chipps of which y same wood was
found on their Tract as alsoe an Arrow in the mans Body made of y same wood with y^
Arrows found in his Pack they had alsoe the Other two Indian testimonys agreeing all a
Long with their first confession, that is to say that he was active with Mahweness in
killing the man stayd w'h him & came not to y" Untill midnight.' — ■
The jury alsoe found him according to his Inditement Guiltie as a prineipall actor who
was the same day Executed.—
As to y Other two Wenepuck & Pemequenoxet they were likewise destinctly tryed &
found Guiltie as Accessorys & Comitted to y Sherriffs care who Since are got at
libertie.. — -
Thus we may see with false reports the Hono'"'''" Gov^ ffletcher is Entertained with all
relateing to the Execution of these Indians as in the Indians narrative they say to Gov
ffletcher
1 They say that o^ English goeing Out Lost the Tract & for want of provissions
returned & went atraine the next day.
2 That s'' Indians were taken in a hutt w'' they made for the Conveniency of their
Hunting.
3 That they Severall tymes Whipped "Wenepuck & Pemequenoxett to Extort confes-
sions from them.
4 That they were carried to Hadly, tyed to a tree & after many harsh means used
with them to make them confess w^'' they refnseing were shott to death.
5 That y« Misscheife done at Derefeild last Sumer was charged on them —
In answer unto w^'i Alligations besides wt we have already sayd in Our narrative in
breife we cannot but say that all these reports are Exceedingly & notoriously false. —
Our men imeadiately upon the report of the murther went from Northampton to Hadly
& from thence about midnight went to y place where the dead man was where they Lay
Untill morneing- And I\v a small p'ie sending the dead man home the rest being in
number about lortie with nine or ten Indians as soone as they could well see they
searched for the Tracts of the raurtherers; found it, & persued it Untill they came within
sight of these Indians as they were walking in the woods. Upon discovery of Our men
they fledd. One of o'' men made a Shot & wounded Mahweness in the thigh who then
hide himself & being Wounded came not in Untill within night; two Escape'; viz Wen-
epuck & Mahquolous who run to Hatfeild, The Youngest namely Pemequenoxett was
taken in flight, & brought to Hatfeild, & without the Least abuse or ingerie Ever offered
to him, y« next day confessed the ffact, Upon which Wenepuck alsoe without any Stroak
Threat Injurle or abuse confessed the same, Soe alsoe the 3' & all but Mahweness & stood
to it to y full Issue of their tryall —
As to y misscheife at Derefeild killing them & carrying them away Captives we always
concluded it was the ffrentch Indians & never Charged it upon them. —
Attested P John Pynchon
Hampshire March 4 15OT Samll Partrigg
Joseph Hawlet
Aaron Cooke
Joseph Parsons." — Ibid., p. 403.
With this narrative, which is here taken from a copy of the original, also in the archives,
Partridge sent the following letter :—
530 Province Laws {Resolves etc.). — 1696-7. [Chap. 53.]
" Northamp«o" Mi'' 4 1697
Honorai'i'' Sr
Yofs t> Comand from y* Hono™'''« Ltt Govr & Counsel of ye 22^ Feb"- 1G96/7 was Reed
with J" Enclosed fi-oin y^' Gov of York &c its Evedentwhat adeceitefull nation & people
we have to deale with wci> is no litle agrevation of G<^ trouble & dillicultie in deffending
o>"»eIves & Otfending o^ reall Enemyes by which wee are nuich insnared; according to
appointment we have Enclosed a narrative of o"- whole proceedings in that matter of the
two Indians lately Executed & alsoe Coppys Out of o^ liecords of the whole w'' is only
to aquaiute yof .selves more fully we rather incline the narrative only be sent to York
but Subniitt o^s to what yor Honors may see meete; Souiething agreed Upon betwixt y«
two Govrmts might be advantagious as to these Indians that p'teud Freinde-jhip We are
ready to thiuke as the case is Circumstanced lor tyme to come all that are lound wth
Ai-mes in or p'3 wo must accompt Enemys & it' or people have not liljsrtie so to doe, 84
those neighbodng p'tended Freinds Throughly iulormed of it we shall bs iusnared more
for Certaine they are a people much given to Revenge, alsoe we are Ifully Satisfycd &
Some of these Indians have Owned as Much yt they have intercourse wtii the Eastern
Enemys many of them being in afflnitie with them ; wee are all desirous to have them
sent home to Albany if they would keepe them in order but that we linde they will not
doe, for those 4 Indians apprehended, were Expressly Ordered not to goe Over to y« East
side of the River nor to be Out a Hunting on the Sabatb & yet they fayled in both &
thereby Rendered them selves as Enemys (as P an act intitled an act for y^ further con-
tinuence of Sever" acts relateing to ye prosecution of the Warr) Enacted 20 Novr 1095»)
at this verry tyme w" they were taken; The good Lord of heaven Grant Guidance &
direction to yor Honors in all weightie concerns & in this difiicultie to whome we desire
to Comend you begging yor prays & Subscribe yor Ilono's Much Oblidged Serv's
^ . ,, X.-, .^^ Sam"' Partkigg F Ordr
from y" Justice meet. — Ibid , p. 40 S.
On the fifth of April the Lieutenant-Governor forwarded to Governor Fletcher a copy
of this narrative, with the following letter : —
"Sy.
According to what I intimated unto yoj Exc^. in my last I have inclosed the narrative
of proceedings against the four Indians Tr>ed in the County of Hampshire for murder-
ing of Richard Church of Hadley ; I am sorry it has been so long delayed the distance
of place and yf difflcultys interveening has occasioned the same ; I hope yof Ex^.
will improve it to remove those prejudices which may be conceived by y" Indians upon
the false reports given them of that proceeding as if their Friends were evilly treated,
by threats severity s and cruel usage to extorP confessions from them, and then in a
tumultuous manner put to death without due process of Law, the contrary whereto is
Set forth in the s^ Narrative and the same methods taken for a tair and equal Tryal of
them as for the Kings Subjects, aud ye conviction so full upon them as gave full Sat-
isfaction not onely to the Judges and Jurors but to all others that heard their confessions
and ye Evidences against them ; yea even to the Indians that were present who declared
they ought to be put to death.
Nothing has occurred here worthy yof Excys remark since that which I observed in
my last; "but am in daily fears of receiving Intelligences of the Enemys makeing further
depredations either by Sea or Laud ; th6. I have taken caVe to enforce the Frontiers and
Guard the Coast by ordering out the Frigatts and hope it will not be long before we
receive Intelligence and some Supplys from England, which I wait for w'-'' longing Expec-
ation and the arrival of his Maj'ys Governor
lam. Sr/. YorExcy?
Boston. 5p April. 1607/. ' Most affectionate humble Servant
Wm Stoughton
Govr Fletcher." —/6»VZ., p. 409.
After the receiift of this narrative, and before a copy of it had been forwarded to Gov-
ernor Fletcher, the Lieutenant-Governor ordered "that a Bill be prepared for Preventing
Inconveniencies by the Indians pretending to be friends. "f No acts were passed during
the fourth legislative session that year, but the first actj: passed in the third session of the
next year declared that " all Indians . . found . . within twenty miles on the westerly
side of Connecticut River, shall be deemed enemies and treated as such."
The peril to which the upper settlements of Hampshire County were exposed on account
of tliis merited punishment of the murderers (which stirred the resentment of the vindictive
savages who were ever seeking a pretext for further vengeance) prevailed with Connecticut
to send a much needed reenforcement to the isolated outpost of Deerlield.
The following is a compact statement of the aid rendered by the southern colony : —
" A letter from Hatfield dated Octobr ye 7*, 1696, directed to Colon" Allin and sub-
scriljcd by the Reuert Mr stodder, Capt. Patrick and the Rever' Mr Williams, declaring
their distressed condition by reason of mischief done among them by Indians and their
great and continuall fear of more mischief from their barbarous enemies, with an earnest
desire that this Gen" Assembly would grant them a speedy supply of fortie or fiftie men
for their defence : the Court having seriously considered the matter and compassionating
the condition of their distressed friends and neighljours, and also apprehending that his
Majesties interest and the security of his subjects was deeply ccmcerned, and that there
was necessity of speedy relief, did order that forthwith fortie men, two of them officers,
be forthwith levied in the towns of Hartford, Windzor and Wethersfield, and well fitted
and furnished with arms and amunition, and also for each man a horse to be provided with
furniture fitt for travail, to march with all possible speed up to Dearfield, there to imploy
* Province Laws, 1695-6, chapter 14. <
t March 24, 1696-7. Council Records, vol. VI., p. 512.
i Province Laws, 1697, chapter 12, § 4.
[Notes.] Province Laws (Resolves etc.). — 1G90-7. 531
thcmsolvos in the best manner they can for the defence and security of his Maje'ic' sub-
jects in those quarters and for the discovery and destroying of any enemies that shall
invade them. Lieut. Stephen IloUistcr was chosen to bo chief coiTiander of the souldiers
that are to march out upon the aforesaid expedition, and coiiiisionated accordingly." —
Colonial Records of Connecticut, J GSO-llOO, j). J7'J.
" Part of (his employment may have been to put the defensive works in repair. There
was need of it,' and ihe town voted Oct. 31st, 'ihaltafl Train Soldiers Ijelonging in the
Town of Dccrliold shall labor alwut their fort ye next Monday & Tuesday being ye 2d &
3tl days in November next ensuing for a general way beginning att one certain plate of
ye fort and so going on.' " — Ilistonj of Deerfield, etc., in Greenfield Gazette and Courier
(1SS3-ISS7), by George Sheldon.
Chap. 54. This chapter is from council records, vol. VI., p. 502, and archives, vol.
11, p. 121.
Ever since the dissolution of the court of oyer and terminer appointed for the witch
trials, antl the recovery of the people from the fatal mental endemic which began at
Salem, it had been felt by many good men that there was an urgent call for the obser-
vance of a day of general fasting, humiliation and prayer, to appease the Divine wrath
on account of the sins of the people, and especially to bewail the errors committed in
dealing with the witchcraft.
The Lieutenant-Governor, however, who had sat as chief justice in that commission,
cotdd not be persuaded that any judicial errors had been committed except such as the
wisest, most humane and most circumspect judges are occasionally liable to in the per-
formance of unavoidal)le and diffljcult duties.
All the justices were of the Council, and were sensitive as to any expression of opinion
which implied censure of their conduct. This was undoubtedly the reason why motions
in the popular branch of the Legislatiu-e, and suggestions by the clergy, for the appoint-
ment of a fast, failed of results, — the right to issue a proclamation being confessedly the
proper function of the Executive.
The reverses, which the province had recently suffered in its attempts to resist and attack
the enemy by sea and by land, had served to confirm the feeling that a public expression
of humiliation should be no longer delayed. The loss of one of the ships of the royal
navy, sent hither for the defence of the seacoast, and the discomfiture of another, — in
attempts to dislodge Viliebon from his quarters on the river St. John; the supplanting of
the English, by the French, flag, at Port Royal ; and, above all, the surrender and destruc-
tion of the supposed impregnable fort at Pemaquid, — the cost of building and maintain-
ing which had been such a heavy burden to the province, — were uttedy disheartening
circumstances. And when to these were added the havoc wrought by a cruel and
implacable foe along the whole frontier, east and west, extending even to Groton, Andover,
and Haverhill; the loss of many effective men in the service on the land and sea; the
failure of harvests by unfavorable weather, and by the inroads of the enemy ; the interrup-
tion of commerce by the depredations of hostile fleets and of pirates and privateers ; the
spread of contagious diseases ; and finally, a sadly depleted treasury, — the situation
seemed to indicate, in the light of the views then prevalent of the relations of God to man,
that such signal marks of Divine displeasure as the province was being visited with could
only be attributed to some general cause of offence commensurate with this punishment.
Public opinion on the subject of the witchcraft had undergone a great change. Through
the efforts of Rev. Samuel Willard, and others, to stay the excesses of the prosecution,
.ertain arguments and views had appeared in print which had subverted the theory upon
which most, if not all, the victims of the delusion had l^een convicted. A more powerful
Influence still was the courageous opposition to the views of Rev. Cotton Mather, ofiered
oy Robert Calef, a merchant of Boston. This had been manifested in a written essay in
which, with great cogency and boldness, he had challenged Mather's declarations and
conduct in the course of the delusion; and though it was impossible for Calef to procure
from the Lieutenant-Governor a license to print, the circulation of his manuscript had
increased the reaction started by Willard. It was now generally conceded that innocent
blood had been shed, which, like Abel's, was crying for vengeance.
When, in September, the forces under Lieutenant-Colonel Hathorne were sent forth to
retrieve the losses suffered in the Bay of Fundy and to destroy Villebon's fortified head-
quarters on the St. John, the General Court, as has been shown, kept a day of prayer for
the success of the expedition. On that occasion, Rev. Samuel Willard, who had been
appointed to preach the sermon before the Assembly, deplored the neglect of the authori-
ties to make pulilic conl'ession of the guilt incurred in the witch trials.*
Cotton Mather upon whom, .more than on any other one person, rested the responsibility
for whatever was deploral)le in the witch trials, was preparing to shift the responsibility
upon the justices, by giving a false interpretation to the equivocal advice drawn up by
him, and upon which they had acted, and by seeking for causes for the present distress
that would not reflect upon the laws against witchcraft. He maintained that while some
innocent persons might have suffered, the justices had not done their full duty in allow-
ing to go unpunished certain others who were guilty of the great crime, or of practising
criminal arts leading thereto.
During the third session of the Legislature, this year, moreover, there had passed through
the Council an act for incorporating Harvard College which was extremely objectionable
to himself, and to his father then president of the college, and against which both had for-
mally protested in writing. He could not suffer to pass unimproved an opportunity to
* The official record of the proceediDgs on this occasion is given in the note to chapter 35, ante,
but the following is Sewall's account of these solemnities : —
" S^ 16. Keep a day of Prayer in the East end of tlie Town-House, Govf , Council and Assembly.
Mr. Morton begun with Prayer, Mr. AUin pray'd, Mr. Willard preached — If God be with us who
can be against us? — Spake smartly at last aijout the Salem Witchcrafts, and that no order bad
been sufCer'd to come forth by Authority to ask God's pardon." — Diary, vol. /., />. 433.
532 Province Laws {Resolves etc.). — 1696-7. [Chap. 54.]
requite the councillors who had thus offended him. This twofold inducement led liiin to
prepare for "the committee on religion " appointed by the House during its third session,
" a bill," to be reported by them, for a fast, in which he took pains to ascribe the evils of
the witchcraft mania to certain "wicked sorceries," — which were probably nothing more
grave than the innocent diversions of some children in Andover in practising the old trick
of the "sieve and scissors," or of "the book and key," — and to intimate that all civil
officers, including the judges, had been remiss in their official duties.
To this bill, "a streamer," as Sewall calls it, was affixed, containing three separate
specifications in diflferent handwritings, of certain other faults. One of these specifications,
apparently written by Byfield, animadverting upon the administrators of justice (probably
on account of bis failure in a suit at law), gave great offence to the Council. So, although
passed by the House on the tenth of December, and then sent up to the Council, for con-
currence, this bill or " declaration," with the vote thereon, both of which are heretinder
given, was rejected by the Board on the following day : —
" Inasmuch as the Holy God, hath been, by Terrible and Various Dispensations of His
providence, for many sevens of years Together, most Evidently Testifying His Displeasure
against us ; and these Humbling Dispensations of Heaven have proceeded from one Degree
of Calamity upon us, to another. Wherein God hath vexed us with all Adversity, until at
Last the symptoms of an Extreme Desolation Threaten us : A more than ordinary Humili-
ation of this whole people, accompanied with fervent supplications, and thorough Refor-
viations, must bee acknowledged Necessary, to prepare us for o'" Deliverance, from o'' most
unhappy circumstances.
Tis to bee Confessed, and it hath been often Confessed, That the people of this Land, in
a Long Apostas)/, from that Religious Disposition, that signalized the First planting of
these Colonies, & from ye very Errand into this Wilderness, have, with multiplied provo-
cations to the Almighty, sinned Exceedingly.
The spuit of This World, hath brought almost an Epidemical Death, upon y" spirit of
serious, practical, & powerful Religion.
The Glorious Gospel of the Lord Jesus Christ, here enjoy'd with much plenty as well as
purity, hath not been Thankfully, and Fruitfully, Entertained, by those that have been
Blessed with the Joyful sound.
The Covenant of Grace, Recognized in o'' Churches, hath been by multitudes not sub-
mitted unto; and of them that have made a profession of submission unto it, very many
have not walked according to the sacred obligations thereby Laid upon them.
A Flood of Excessive Drinking, w'h Incentives thereto, hath begun to overwhelm Good
order in some Towns, & even to Drown civilitie itself.
Some English, by selling of strong Drink unto Indians, have not only prejudiced the
Designs of "Christianitie, but also been the Faulty and Bloody occasions of Death, among
them.
The most unreasonable Impieties of Rash and vain swearing, with Hellish cursing, in
the mouths of some, have rendred them Guilty sinners.
A Vanity in Apparrel, hath been affected by many, whose Gloiy hath bin their shame.
The Lords-Day, hath been disturbed, with so many profanations, that wee may not
wonder, if the Land see no Rfst.
The woful Decay of all good Family-Discipline, hath opened the Flood-gates for Evils
Innumerable, & almost Irremediable.
Wicked Sorceries have been practised in the Land ; and, in the Late Inexplicable
storms from the Invisible zoorld thereby brought upon us, wee were left, by the Just
Hand of Heaven, unto those Errors, whereby Great Hardships were brought upon Inno-
cent persons, and (wee fear) Guilt incurr'd, which wee have all cause to Bewayl, with
much confusion of o"" Face before the Lord.
It is commonly and credibly Reported, That some, who have belonged unto this coun-
trey, have committed very Detestable Pyracies, in other parts of the world
The sins of Uncleanness in many, & y-' Grossest Instances, have Defiled the Land.
The Joy of Harvest hath too much forgotten y" Glad service of God, when Hee hath
given us, an Abundance of all Things.
Much Fraud hath been used in the Dealings of many, and mutual and multiplied
oppressions have made a cry.
Magistrates, Ministers, and others that have served the publick, have been but Great
sufferers by their services, and mett with unrighteous Discouragements.
A
Falsehood and slander, hath been continually carrying of Darts thro' y" Land.
And the Successive and Amazing Judgments of God, whicli have come upon us, for
such things as these, liave not Reclamed us, but wee have gone on still in o"" Iniquities.
For these causes, this whole people, is Admonished now to Humble themselves before
the Lord, with Repeted Acts of Repentance; and particularly. To this purpose. It is
Ordered, That Thursday bee kept as a Day of humiliation, by prayer with
• FASTING, before the God of Heaven, in the several congregations throughout this
province ; and all servile Labour on y" Day, is hereby Inhibited : That so wee may
obtain, thro' the Blood of the Lord jesus christ, the pardon, both of These Iniquities,
and of whatever other secret sins, the Lord may have sett in the Light of His connte^iance :
And, that wee may Implore y" Effusions of y" spirit of Grace from on High, upon all
Ranks of men. and Especially upon the Rising Generation, whereby o'' Turn to God, y«
Fire of whose wrath is dreadfully consuming o"' young men, may bee accomplished.
And it is hereby further signified. That it is hoped, the pastors of the churches, will,
in their several charges, by private as well as public Applications, Endeavour to pre-
vent all growth of sin, as they may discern it, in their Vicinities : and y« churches join
with their pastors, in sharpening the Ecclesiastical Discipline, against all sca?idals that
may arise among them.
And all civil officers are hereby Likewise called upon, vigorously to pursue y« Execu-
tion of y" Lawes from Time to Time, Enacted against all Immoralities ; and in their
several places, as well to make Diligent Enquiries and Impartial presentments, of all
[Notes.] Province Laws {Resolves etc.). — 1G96-7. 533
ofTcnccs a<,'ainst y said Lawes, as to Dispense Justice equally, for no cause forbearing to
do their office, accordin;^ to tlio oath of God, w^'' is upoa them; and unto this End,
frequently to have thoir consultations in their several prcciuuts, what may bee done by
them to suppress any common Ecils:
Finally, All persons are hereby advised, seriously to pursue the Desij^ns of a general
Conversion unto God, as y best Expedient, for ye Encouragement of o"" Uopes, That Hee
toko hath shown us ^rcat § .sore Troubles may Revive us ; and not Leave us to perish in
the Convulsions which are now shaking a miserable world.
In the House of Representatives
Read 10':'> Decembf 1696. a first & Second time. Voted, and sent up for Concurrancc
Penn Towxsend Speaker.
Voted. That the aforesaid Declaration be published in the respective Congregations
within this province by the ministers therein, and further That a proclamation issue from
• this Court, requiring all Justices Constables Grand.jury men Tything men, and all other
Civil OfHcers to bo faithfuU in the Execution of their respective Olflces ; And That the
Laws setting forth the dutys of the Respective Officers afores^ be collected and inserted in
the body of &^ proclamation. And that five hundred of s.J Laws and of the &<} Declara-
tions be printed.
Penn Towxsend Speaker." — Mass.
Archives, vol. 11, p. 110.
The following is the " streamer" referred to, and the caret shows its intended place in
the above declaration : —
" A yt L-renernc : to superio's in age & authority & dissobedicnc to parents is too frequent
amongst us
parents not keeping up their authority in their familes
Neglects in the Administration of Justice impartially and duely in Courts of Justico is
too Obvious in this Land." — Ibid.
The draught of the proclamation which constitutes this chapter was now prepared by
Samuel Sewall, and adopted by the Council on the eleventh. After the Secretary had
added the lines in the third paragraph, beginning with the words " maj' offer up," and
ending with the words '• homo and abroad,""and had struck out the words " The L' Gov-
ernor, Council, & Representatives in General Court assembled" and the words "and . .
are exhorted to cry mightily to Him, and to put away the," after the word" Wherefore,"
in the first line, and substituted the words "That so," for the word "And," in the third
line ; inserting before the word " Iniquity," " That all," and after it the words " may be put
away," in place of " from them," the draught was sent down to the House, for concurrence.
The House concurred, with some amendments, on the seventeenth. This did not
happen until after considerable debate in the House, and some bluster before the Council
by Byfield, who bore the message of the House, of which Sewall gives the following
account : —
" Dec£ 2. 1696. Now about Capt. Byfield brings in a long Bill from the deputys for a
Fast and Reformation, written by Mr. Cotton Mather, to which a Streamer was added
expressing that Partiality in Courts of Justice was obvious ; with a Vote on it that 500
should bo printed, should be read ; and sent up for Concurrenco : 'twas deny'd ; and our
Bill for a Fast was sent down; Dept' deny'd that. Govf told them th.) way was unusual,
they had taken, sending out a Coiuittoe, calling the Ministars, voting all, and never letting
the Council know : that it pertain'd principally to the Govf and Council to set forth such
orders with a motion from them. A while after Capt. Byfield came in, and said 'twas no
new thing, and they had taken no wrong step. Little was said to him. It seems this
message is cnter'd in their Booke. The Council were exceedingly grieved to be thus
roughiv treated." — Diary, vol. I., pp. 439-441.
"Dec: 19 Nota, Deputies voted our Bill for the Fast at length. Mr. Byfield
brought it in, said. They would have doubtless instead of probably. And would have those
words — and so revive that joyful Proverb in the loorld, One flock, one Shepherd — Left
out. Their reason was because Gods conversion of the American Heathen did not make
it good. Therefore would have the word Obey added after our hear, and let that be the
close.
Note. I had by accident met with and transcribed Mr. Strongs Notes on Rev. 12'.'>
about the slaying of the witnesses, the evening before this fell out : The last words were,
prepare for it. I doe not know that ever I saw the Council run upon with such a height
of Rage before. The Lord prepare for the Issue." — Ibid., p. 441.
The amendments by the House consisted in substituting ihe word " doubtless " for the
word " probably " in the last sentence of the second paragraph, adding the words "and
obey," after the word " hear," in the last line but one of the third paragraph, and striking
out the following final clause : " And so revive that joyfull Proverb, in the World ! One
flock! One Shepherd ! "
The Council had resented the action of the House in proceeding from the initiative to
the full draught of this declaration without consultation with them. This led to the
following votes by the House asserting then* privileges : —
" Dec. 1696 In the House of Representatives.
Resolved, That as freedom of speech to debate, so to resolve & vote upon a free debate
of any matters for the publick good of this Province without consulting, advising or asking
direction from tho Hon'bie Board above is the undoubted Right & Priviledge of this
House.
Voted, That Seeing the Minits of Council are from time to time to be laid before his
Majesty and Council at home, for the preventing any Inconveniencys to the Hon'b'e Board
above, This house shall not be unwilling (always Saving the priviledge of this House) to
propose and Concert by Message Such things, as shal bo thought necessary in Prudence
by this house, before they are brought to a vote.
534: Province Laws {Resolves etc.). — 1696-7. [Chaps. 55, 56.]
That ia y® late choice of a comittee of Religion by this house y° receiving their Report
in yo Bill couteining an enumeration of Sundry Evills to be confessed on a Publick day
of humiliation therin Irtpose 1 to be Ordered & appointed & Voting said Bill in this house
& sending it up to y" hon' We Council for theii- concurr? This House
Protests, That tliese thing!? were not transacted w"> any designe to derogate fromy^ Pre-
heminence of that hono'We Board, or to cast any disrespect theron.
That in Voting a Non-concurrence to y" Bill for a Fast sent down to this house from y"
Council, This house did not out of any hum'' of Vyeing w'-i^ that hon'We Board vote a
Non-Concurrence.
Proposed, That Both Bills for a Fast, upon w^'' the late debates have been, may be
Counted to j° Reverend Elders of this Town, and that out of both they be desired to draw
a Bill for a fast and lay the Same before this Court.
Decembj 15''> 169G. Read a first and Second time." — Mass. Archives, vol. 11, p- 121.
The fast kept in accordance with this proclamation is memorable as the day upon which.
Sewall made his profession of contrition before the congregation of the Old South Society,
concerning which ho made the following entry in his diary : —
*' Copy of the Bill I put up on the Fast day; giving it to Mr. Willard as he pass'd by,
and standing up at the reading of it, and bowing when finished ; in the Afternoon.
Samuel Sewall, sensible of the reiterated strokes of God upon himself and family; and
being sensible, that as to the Guilt contracted upon the opening of the late Coiiiission of
Oyer and Terminer at Salem (to which the order for ihis Day relates) he is, upon many
accounts, more concerned than any that he knows of, Desires to take the Blame and shame
of it. Asking pardon of men, And especially desiring prayers that God, who has an Unlim-
ited Authority, would pardon that sin and all other his sins ; personal and Relative : And
according to his infinite Benignity, and Sovereignty, Not Visit the sin of him, or of any
other, upon himself or any of his, nor upon the Land : But that He would powerfully
defend him against all Temptations to Sin, for the future; and vouchsafe him the effica-
cious, saving Conduct of his Word and Spkit." — Vol. I., p. 445.
Chap. 55. This chapter is from archives, vol. 2, p. 583. It is recorded in council
records, vol. VI., p. 503.
Ever since Phips forced ths surrender of the fort at Port Royal, in 1690, this town and
the adjacent territory had been under the dominion of England; but the recent successes
of the French under d'Ibervi lie and Villebon, mentioned in the note to chapter 21, «?»<«,
had left that distant porD to the mercy of the forces of New France.* On the St. John,
Villebon had a fortified retreat from which it was easy for him to make predatory excur-
sions. He had also begun to build or repair another fortification at the mouth of the river,
the materials for which Church had destroyed or carried away on his recent expedition, in
which, also, he took several prisoners.
Villebon had the sympathy of the French inhabitants of Acadia, especially at Chig-
necto, where they were beyond doubt hostile to the English, although nominally subjects
and under special protection of the king of England. These people had been despoiled
of their church, their houses, barns and personal estate, by Major Church, upon his dis-
covery of evidence of their holding correspondence with Frontenac.
After the unfortunate second expedition against Villebon, every effort was made to
deprive the needy enemy of all supplies through New-England traders to Nova Scotia.
An act was passed declaring that "if any person be adherent to the king's enemies,
giving them aid and comfort in the realm or elsewhere " he should be deemed guilty of
high treason; and to prevent illegal traffic under cover of the license required by the actt
of the previous year and to stop furnishing the king's enemies with supplies, the vote
which constitutes the present chapter was passed.
On the fifth of December the following vote was passed in Council : —
"Dec. 5, 1696. Voted ThatElisha Hutchinson, John Phillips, and Eliakim Hutchinson
Esq" be a Committee with such Gent? as shall be Nominated by the House of Representa-
tives to Consider of the State of the Inhabitants of Port Royall, and Other the Parts of
Nova Scotia, And what is Necessary to be done with respects unto them. And to prevent
any inconvenience or Detriment unto his Maj'i'^s interests." — Council Records, vol. VI.,
p. 494.
No names of the members appointed by the House upon this committee have been dis-
covered. On the eleventh they made their report which was read in the Council. Wha-t
this report was does not appear, unless it was this chapter.
Chap. 58. This chapter which was one of the results of the controversy between the
Lieutenant-Governor and the House of Representatives with regard to the payment of the
volunteers under Major Church, as described in the note to chapter 59, post, is from
archives, vol. 70, p. 326. It is recorded in council records, vol. VI., p. 504, in the form of
an order, which was read, first, in the Council on the twelfth of December, and again on
the fourteenth, when it was sent down to the House for concurrence, where it was con-
curred in on the eighteenth.
Until the passage of this chapter it seems to have been the exclusive function of the Exec-
Titive to fix the wages of soldiers and seamen in actual service. A bill for this ptirpose was
introduced at the second session of the Legislature of 169 1, passed by the representatives and
sent up to the Council for concurrence, whore it proceeded to engrossment, but no further,
owing, probably, to the objection of the Lieutenant-Governor, whose consent was withheld
most likely because of his fear that such legislation would prove a dangerous encroach-
ment upon the province of the Commander-in-chief.
* See notes to chapters 2t, ;i5, aud 46, (in.it.
t Province Laws, 1695-6, chapter 10.
[Notes.] Province Laws (i?e.s-o?ye.s- e^c). — 1G96-7. 535
The provisions of this abortive bill (which is given bolow) wcro ossontially identical
with those of the present chapter : —
"An Act For the Regulation and Stateing of Officers, Sonldiers and Seamens wages and
Vessclls biro that are or may be Imiiioyed in their iMaj'ies Service
Be it Enacted by the Governour, Council and Representatives in General Court Assem-
bled, and b;i the Authority of Ike same That the wages or Pay to bo allowed for all
Officers and Souldiers that are or shall be Commissioned, or detached, and Iraployed in
their Maji'^s Service, shad be according t» the respective Rates l> week herein after men-
tioned and Set down & no other. That is to Say,
For A Major Fifty Shillings
Captain of Foot Thirty Shillings
Lieutenant Fifteen Shillings
Ensigne Twelve Shillings
Sergeant Nino Shillings
Clerk Nino Shillings
Corporal ; . Seven Shillings
Drumer Seven Shillings.
Private Sentinel Six Shillings.
For a Captain of a 'I'roop. Forty Shillings : of Dragoons thirty five Shill?
Lieutenant twentv five Shillinga
Cornet Twentv Shillings
Quarter Master ffifteen Shillings
Corporal Twelve Shillings
Clerk Twelve Shillings
Trumpeter Twelve Shillings
Trooper Ten Shillings
Dragoon Eight Shillings.*
For a Chaplain Twenty Shilling i
Chyrurgion Twenty Shilling.;
Chyrurgions Mate or Assistant Twelve Shillings .G<i
Commissary, being Coinissioned .... iflfteen Shillings
Armourer finding his own Tools .... Ten Shillings
Sadler Ten shillingslf
Farrier Ten Shillinasjf
Land Pilot _ . ffifteen Shillings
And if any Officer above the degree of a Major be at any" time imployed, his pay shall
be so much as shall be allowed by this Court and no more." All Subsistances and Amuni-
tion to be provided and furnish^ out of their majt'^s Stores without any deduction for the
same Foot Souldiers to find their own Armes, or if otherwise Supplyed to allow three
pence P week for the use of the same, and to return them or pay thefull value thereof,
unless thov are lost in Service, not thr6. carelesness to be deducted out of then: wages.
Troopers & Dragoons to find themselves Horse and Arm's.
And it is further Enacted by the Authority aforcs<^ That when and so often as any
Souldiers shall be detached or impressed for their maj'ies Service, the major of the Regi-
ment from whence they are drawn shall seasonably transmit unto the Commissioners "^of
the War a List of their Names and of the Towns whereto they respectiuely belong with
the day of their detachment and Entring into pay; As also an accompt of what is sup-
plyed to Each of them in Armcs, Clothing or else to fit them out, to the intent the vidue
thereof may he deducted out of their wages on behalfe of those by whome they were so
furnished
And all Commissarys are hereby Ordered once a month at furthest as there may be
opportunity to transmit unto the Commissionr/ of the War an acco'. of what they have
Supplyed to each Souldier.
And it is further Enacted, That the seiJal allowances and payments hereafter men-
tioned and no other be made for the charges and Services followiiig, That is to Say, For
Billeting of Souldiers, three shillings. V week Each, If upon a march From place to place,
two meales a day four pence Each or Eight pence V diem to y" Souldier for his own
Subsistance
For a Post, four pence V mile from the place whence he comes, unto the place sent to,
ho bearing his own charges for himselfe and horse.
For Ferrage of men and horses imployed in their Majt'ps Service ; halfe y usual &
Stated price."
For. a Carter, Cart and two horses, he finding himselfe and horses, fHve shillings F
dic7n
For a horse at Grass — three pence a day and night
For a horse at hay & Provender, six pence a day and night.
For hire of baggage horse twelve pence P day."
For a horse impres't for a Post or other Special Service twelve pence F diem.
And Be it further Enacted by th<>. Atdhority aforesaid That the Officers, Marrin''' Sea-
men, Ships and other Vessells Imployed in their Majtips Service by Sea,t shall be paid
according to y respective Rates P month hereafter following and no other
* Changed from "Seven Shillings. 6?."
t Cancelled in original mmuscript.
X See resolves, 1695-6, chapter 64, and note.
536 FRovmcE Lixws (Hesolves etc.). — 1696-7. [Chap. 56.]
That is to Say,. Per month
For a Captain of a Ship above thirty Guns. . . Eight pound
Captain of a ship or Vessell under thirty Guns,
no Lieutenant, or Purser to be allowed . . Seven pound
Master ffour pound
Masters Mate and Pilot flfbrty two shillings.
Quarter Master .... 2Ssh* . . Twenty Eight [a] Shillings
Boatswain Forty shillings
Gunner Forty Shillings
Carpenter Forty Shillings
Chyrnrgion ffifty Shillings
Chyrurgions Mate Thirty Shillings
Purser & Steward Thirty shillingst
Trumpeter 26* . . Twenty Six [6] shillings
Cook 24* . . Twenty fiFour [c] shillings
Armourer finding his own tools over and above
Seamans pay Ten shillings
Able Seaman .... 24* . . Twenty ffour [d] shillings
Ordinary Seaman . . . 24* . . Twenty four shillings
Boy Ten Shillings
Master of a Tender or deck't vessell . . . Four pound
Master of an open Boat or sloop . . . Three pound
an able Seaman in an open Boat or sloop. . Thirty shillings
Pilot extraordinary in a ship of war of twenty
Guns or upwards £.3:17:6
Pilot extra in a ship of war under .20. Guns . three pounds
For a Ship of War taken up and titled by the Owners as such. Ten Shillings F Tun a
month, ye owner running y^ Risque unless lost in tight
For Ships or other deck.' Vessels for transportation or Tenders above Eighty Tuns,
Seven shillings V Ton a month, under Eighty Tuns, Six shillings F Tun a month
For Open Sloops or Boats, fflve Shillings F Tun a month, the owner Running yc Risqe
And ye Commissionf^ of War are Ordered to Subduct out of ye wages of all Officers,
marriners, Seamen and Souldiers imployed in their Matins Service, Six pence F month to
ye publick towards ye charge of the Chaplain (where there is one abroad with them) & Six
pence F month to ye publick towards ye charge of ye Chyrm-gions Chest: And three
pence on ye pound for all Debentures which they shall grant, the said Subduction of
three pence on ye pound to accrue to the benetit of ye publick towards answering of y"
charges upon ye same
the s^i Bill past as it is stated only the Last paragraph & to y sadler & fairier nothing
allowed Sep'. 14">. 1694 past in the" affirmative by the house of Representatives & sent up
to his Ex2Z& Council for consent.
Nehemiah Jewet Speaker
Septr 19'.h 1694./. __
Voted and past in Council, to be Engrossed. Is.;^ Addington Secry." — Mass.
Archives, vol. 61, j). 527.
The present chapter was one of th3 measures of preparation to repel an invading force
expected from Canada, which was to be supported by a powerful fleet to be sent out from
France, and notice of the fitting out of which had been sent from Whitehall to Boston
during the previous summer. Before this chapter was passed one more attempt was made
to procure the enlistment of volunteers to proceed against the French on the river St. John,
by the passage of the following vote, which, however, after being read and debated in the
House, on the fifteenth, was in its imperfect state defeated l:)y a negative vote : —
" That if any Sutable person or Persons shall present, th.it are willing to ingage in an
expedition to S'. Johns ; whome his Honj the L' Gouerr shall see Cause to Commission for
that purpose; and there appear a Sutable number of voluntiers that are willing lo ingage
in Such a Service, for their encouragement in So noble an interprize it is prouided that there
shall bo uessells Ready By the lirstof march next to transport them thither ; and that they
be supplyed with Pfovissions ; amunition; Cherurgions antl Chaplaines at the Charge of y"
Province ; that ye Soldiers so listing them selues shall be Lvable to the S^me Regulations
and Commands, & Lyable to y" Same Punnishments, as soldiers are, who are impresed;
who for their incouragement ; (Prouided they take the Fort at SJ Johns) shill haue all
the Plunder (except stores of warr) to be diuided amongst them; and full pay out of the
treasury of this Pi'ovince f rom the time they imbarque till they are Discharged from Said
Service; and as a further encouragment to prosecute the Said designs to effect, it is
engaged that y" officers & soldiers shall Receiue out of y° treasury for every Great Gunn
fiue pounds, for eucry musquett or fiizie ten shillings, & for euery B.irrell of powder line
pounds ; It is to be und." — Ibid, vol. 70, p. 320.
The conquest of Newfoundland by d'Iberville led the French to apprehend that the
English would make extraordinary efforts to recover that isUnd, and accordingly they
redoubled their exertions to make their armament of corresponding magnitude. Hutchin-
son thus compactly describes the effect upon New England of these movements of the
enemy : —
" The last year of the war proved more alarming to the province than any of the pre-
cedingyears." An invasion was every day expected, for several weeks together ; and news
was brought to Boston, tliat a formidable French fleet had been seen upon the coast. It
was indeed a very critical time, perhaps equal to that when the Duke d'Anville was with
* The amounts opposite were ultered to at;ree with the figures, from the following amouuts,
reBpectively, originally put flown: [a] thirty-ei^ht [b} thirty-six [r;] twenty-eight [t/j twenty-
eight. Th'i pay of the purser and steward was originally set down at forty shillings.
T "Midshipman . . . Thirty shillings," follows in the original manuscript, but la cancelled.
[Notes.] Province Laws {Resolves etc.). — 109(5-7. 537
a squadron at Chibuctou. The force, under the Duke, was superior, Imt llie province, at
that time, was in proportion stronger and better able to repel it. France expected that a
very strong squadron would be sent from England to recover the ports in Newfoundland,
which Iborvillo had taken the last year. Great preparations were therefore made, to defeat
such squadron, and, after that, or in case it should not proceed, then to lay waste the
English colonies. Frontcnac the governor of Canada, upon whom great dcpendanco had
always deservedly boon i)laced, had orders to raise LjOO men, prepared- to march upon
short warning; but, at this time, tho service for which they were intonded was not com-
municated. liQ made provision accordingly, and they would have been all ready upon
eight days notice. Tho remembrance of this danger is lost in New-England." — ilist. of
Mass., cd. I 707, vol. 2, pp. 101, 102.
Tho plans of the French, which included the extirpation of tho English from North
America and the destruction of Boston and New York, were frustrated by the utter
failure of this attempt.*
Chap. 57. This chapter is from archives, vol. 40, p. 437. It is recorded in council
records, vol. VI., p. 505.
The memorials of the ministers referred to were three in number. The first two, which
were presented to the Assembly at the first session in 1694, were as follows : —
"A Memokiall
Humbly offered unto His Excellency
The Govemour & ye Generall Assembly of y<= Province of y« Masachuset-Bay,
Convened At Boston May 30. 1694
By Many Ministers of y<^ Gospel, In y<= said Province,
then Meeting In Boston.
I. Inasmuch as destitute Churches are plunged into Extreame DifBcultys in their Elec-
tion & settlement of Ministers Ijy ye Opposition w^ their Acts find from y^ Non-concurrence
of ye other Inhabitants in their To\vnes, It is requested that y Late Act of y« Generall
Court refering thereunto, mav be Explained, with an Additionall Clause, Declaring, what
shall bee done by Churches, In Case y other Inhabitants in a Towne oppose their Acts in
ye Calling of a Minister, without giuing satisfactory Reasons fen- their Non-concurrence ?
& It is propounded yt in this Case ye Cirti with ye Inhabitants shall & may call In ye help
of a Council, consisting of y Elder [sfj ^ Messengers of three or more Ofaies who shall bee
& are hereby Empowered to Hear Examine & Consider ye Exceptions & Allegations made
by ye Inhabitants against ye Cirbes Election, & in Ca[t] ye Council see not just cause to
approue ye Non-concurrence of ye Inhabitants, the person Nominated & Chosen bv ye
Church (being approued by ye Council) accepting thereof, & settling with the[m1-] shall
bee their Minister & in all respects provided for as in ye said Act is Expressed ; & ye
Char [get] arising for Entertainem.t of said Council, shall bee paid, by a Levy made upon
ye who [let] place, both Ctrti & Inhabitants.
II. It is Desired That y^ wel-kuowne Discouragem.' upon ye endeavours of many mas-
ters [tot] Christianize their slaues, may be removed by a Law which may take away all
pre[textt] to Release from just servitude, by receiuing of Baptisme.
III. With a Law for ye due punishmf of Polygamy & Adultery, It is very Necessary,
that there should alsoe boo a Law, enacted against Incest & Incestuous Marriages, Con-
formable to ye Lawes of Nature, Of scripture, & of ye English Nation; To prevent those
Abominable Confusions ; for which Defiled Lands, doe vomit out their Inhabitants : And
this wee ye rather menti font] because (with greife of heart & Astonishm' wee speak it) wee
vnderstand y' all these thinfgst] are now found In ye midst of New-England.
IV. It is to be wished that more particular Lawes may be made Against Fortune-
Tellers & against all y" various Kinds of Sorcery whereby many people Deny & provoke
ye God [oft] Heaven, & Invite ye Evill Angels to make their wofull Descents among us.
V. Whereas former Essayes to Recover the Countrey from its Lamentable Degene-
racyes & Particularly ye Lawes formerly sharpened against provoking Evills, Haue not
seen [yet] successe y' would haue been of comfortableExpectation, & where as one of ye
most Ruining miscarriages whereby noe lesse y" ye death of Religion & of all order CivUl
& sacred, is threatned unto us, is ye Liberty taken by Towne Dwellers to mispend their
Time in Tavernes which are places properly & honestly designed, but for ye Accommoda-
tion of Travellers : It is most earnestly pray'd That some effectuall check may be giuen
unto this way of sinning ; It is therefore proposed That according to [t] or two Severall
Expresse & wholsome statutes of England, It may be [t] Criminall for any person to
resort for Drinking unto any Taverne, or Ale-hou[set] within ye precincts of ye Towne
whereto hee belongs ; only allowing what moderate Relaxation from ye severity of such
a law, may be Judged necessary for Boston, & (it may bee) two or three more "sea ports
of ye province. And y' notwithstanding whatev[ert] Temptations there may hee from a
worldly Interest unto ye Contrary, ye Law may be fra[medt] without any such Ambiguitys
of Expression as may become a snare to officers, a sc[orn ?t] to otTenders & a disappoint-
ment unto ye Designe of (Thereby) sauing ye Land from yc vniversall Flood of wickednesse
& even of Blood-guiltinesse itselfe w" basse aris[ent] from y' want of Restraint upon
Drinking-Houses which ha's been ye Sorrow & Horrour of all well-wishers to our needfull
Reformation.
That ye Sense we wee haue of this Last Article might bee more fully expressed we haue
Concurred unto a Larger Addresse wherein wee haue Laid open ye Great Importance of
ye matter." — Mass. Archives, vol. 11. p. 79.
" To his Excellency ye Gov^ Wtii ye Honors Gen'.' Court now Assembled
& sitting, in Boston, this 30';'' of may: 1694: the humble & most earnest
Address of ye M'ers of severall cMies, within Province ; humblj' p'sented :
Right Honorable & much Hono"' :
Wee being very solemnly & sadly, sensible of ye declining, decaying, (if not) dying
* An account of this failure is given by Charlevoix (Shea's translation), vol. V., pp. 70-72.
t Manuscript mutilated.
538 Province Laws (Besolvea etc.), — 1696-7. [Chap. 57.]
state of Religiou respecting both ye syucere profession & practice of it, as well as all ye
interests & concemm's of it, in o"- cMies & w"" om- people ; and that vnder ye p-vayling
power, of ye great & inanyfold sins of ye times, growing more & more generall power-
full, & (wee feare) paenail & judiciall, with a very dangerous tendency, to a generall,
totall degeneracy & apostacy (if not) of the pi-sent, yet of, ye rising, & succeeding, gener-
ations; And further considering, how much & how long, o'' gracious God hath with,
infinite, longsuffering bin labouring with us, by his word & works, & by his holy spirit
in both ; to reduce & reclaime us vnto himselfe ; trying & proving of us both by mercys
tS: Judgmts , to see & to know what is in o'' hearts ; whether wee will repent & reforme,
& keep his coiSandint^ yea or no; And withall calling to mindc, what generall publiq;
assays, have bin, made unto reformation, by pul^liq; Authoritie in Gen'/ Court, passing
& publishing in print, those laws, entituled laws for ye reformation of provoking evills ;
at their session, 13'h oct : 75 : as also afterward calling ; & convening, ye culies in a Synod ;
to make more full discovery of ye particular causes of Gods controversy & to determine
& ^pose, ye most necessary & effectuall means of reformation ; both Court & cnfres exactly
agreeing in both ; (as by compareing will appeare : And now after all this. Observing,
tiiat all those provoking evills, not only remaine, but are more & more multiplyed, &
aggravated, vnto an higher degree, both of transgression & provocation, than ever before ;
and that wee have dealt very falsly & ^^lfaythfully ; with ye Lord o'' God in all o' past
transactions with him, in our times & cases of greatest extreamitic; & y' notwithstand-
ing, all o'' publiq; confessions, wt'i utmost expressions of a most deep & humbling sence,
of Of own sins & of Gods wrath; & of o^ p^sent absolute necessitie, of reforming those
evills phibited, & l>forming those dutys pi-scribed, & y vpon perill of o'' own destruction
if wee did not; Yea cSi notwithstanding, ye express protestations of or resolutions; &
yi-- sacred obligations wch, many of ye chiies, have, by covenant ingagements vnto God in
most solemn inanner, lajd themselves under, so to doe; All wch remaining vpon publiq;
record, before God & the world as a testimony against us ;
These things considered, & (wee hope) deeply resented & layd to heart by us, wee are
moved to make this applycation to your selves Humbly & earnestly praying, that that*
those fore mentioned laws may be revised, & such of them as may bee thought agreeable
with our prsent constitution, practicable, & capable of effectuall, improvmt unto the sup-
pression of sin, may be revived, & past into laws : & such other matle as your wisdome
niav direct vnto that great end ; And yt civill authoritie, as it is vested, in all persons of
publiq; place & trust, in every order, may be soe vigorously, exerted & exercised, as y' it
may give life to those, laws ; & motion, to ye worke oi reformation, & may fully evidence,
a spirit of Zeal courage & resolution for God in w'soever ought, may or can possibly bee,
done by civid authoritie, to suppress sin, Ppagate religion, & p^vent apostacy.
And although, worldlynoss, in ye spirit of it, in all the lusts, teuiptations & wayes of it;
hath bin from our very Ijegining, testifyed & cryed agst. by y« word of ye Lord, as ye
original!, radical!, capitall "sin, of New England, wherby our heart hath bin soe much
withdrawn from God, from his word, worship, worke, couenant, cause & interest; & so
from our whole Religion by an heart apostacy : the interest of w^ii is become so generall,
& powerfull, &. ye working of it so natural 1 & insensil^le y' ye reformation of it becomes
impracticable &*impos3ible Ijy law : Yet notwithstanding, ye more gross out breakings of
this sin of worldlyness, in prophaness, & sensualitie, more especially in yt most notorious,
scandalous, way of drinking & company keeping, in Taverns & Alehouses ; wee hope may
be yet restrained & &* reformed liy law ;
lie pleased therefore, wee pray you to take notice; that the thing wch wee, more, par-
ticularly designe & desire to oI)taine by, this our Address, it is; That it may be againa
inacted into a Law That All Oi-dinarys, & licensed houses, may be reduced & regulated,
in their improvmt to ye entertainm* of Travellers & strangers, Only; & that all, Town
dwellers, be expressly Phibited drinking in them, at any time vpon anv occasion; which
wee pray may t)e past in such strict & severe forme, respecting both ye letter & sence of it,
as that no subterfuge may be found, by any latitude or ambiguitie of expression ; from ye
prohibition & restriction of it; for it appears by wofull experience, yt it is become impos-
sible to regulate or restraine those multitudes w<^ii are given to drinliing; Otherwise than
l)y shutting vp the dores of such houses ags', them. A lax law, admitting of any liberty,
at any time, vpon any occasion, in this case; becomes a meer scorne to drinkers, & a
snare unto all officers concerned in ye proscecution of it ; and is soe farre from being any
meanes for ye suppression of the sin, y' it becomes ye occasion of ye higher aggravation of
it by prsum'ption. This wee propose, on behalfe of all ye country Towns, in ye Province ;
Withall acknowledging y- relaxation, of the, severitie of such a law, may be necessary for
Boston, & one or two other common Ports of the, country; Yet praying also, that there
may bee a diminution of those houses, as farr as ye necessitie of atfairs will admit, and
a more strict regulation of them, in their improvm'. even in those Towns also; as for all
other, the full restraint, of such a law, is not only tollerable, but will bee most beneficiall,
l<i absolutely necessary for the prevention of most intollarable abuses; to drinking &c — :
Wee are ye more importune, in this fro ye consideration of ye fatall & lamentable effects
of this way of sifiing, considering liovv many <]p'sons have bin totally debauch', & &*
destroyd, body & soule, by drinke, how many professors have l)in utterly tilasted by it,
sunk into & perish', in gross & open apostacy. How many ffamylys, have Ijin ruined by
it, (not only) as to subsistance, but (more wofully) as, to famyly worship, w'li (through
drinking in Alehouses) is too often either totally neglected, or else horribly Pphaned in
ye Pformence of it, & will bee (we feare) in process of time, & of this sin, by too many
quite cast ofT; & thrust out of doores Whence, ffamyly order & govorm'. is vtterly
destroyed ; Also how much cbites are corrupted, defiled & filled with gross scandal by it,
not able to cleere & purge themselves from ye guilt & fylth of it; Consequently how much
the, worke of conversion & edification is hindered l)y it; nothing making people more,
secure, senceless, supine, stupid sottish & vnprofitablc, under ye W[y of ye word & ye
• Sic.
[Notes.] Province Laws {Resolves etc.). — 1090-7. 539
means of grace, & more careless & vnconcernod about their souls & their salvation ; than
drinke & drinking: it takes away the heart, destroys all scnco of religion; Hence ffurthcr,
how much it doth deprave & vitiate; ye rising generations with all kindo of prophaness, &
initiate them in their very youth, into ye most dangerous & destructive wayes of it in
company keeping, w"' vain, corrupt, fylthy, coiaunication, cursing, swareing, wantoncss,
lasciviousness, uncleaness, gaming. Idleness, mispunco of precious time rol)ellion agst
parents, masters, & all good goverment; whereby all hope of good education, civill or
religious fayloth more & more in too many places of ye country ; ye very spirit of ye gen-
eration, stnjngly inclined to an utter degeneracy by this way of sinning; so yt it ai)pears
to bee utterly inconsistant, with ye being, life, & continuance of true religion, & is the
ghame & scandal of ye professors & Pfession of it;
Wee are sensible, y' ye worldly interest, of ye Trade of drinke, dotlj, bespcake, too
much, indulgence, vnto this way of siiiing, & make it soe difTicult, to provide & proceed,
in good earnest & effectually by law agst: it, w^^'' still lyes, & wee f'eare may rcmaine, as
an insuperable obstruction vnto a through reformation, of this, (hithcrvnto) incorrigable
& incurable evill ; Vnless that interest bee soe farr deserted ; that trade soe farr retrenched,
& soe regulated; as yt it may noe more prove soe destructive unto us, as it hath done;
W*^^'' appeare, by ye vnaccountabla irreparable damage ; wee have brought vpon o' selves
our chiies o' Religion, in all ye forementioued respects ; & yt without any true gaine to ye
publiq; thereby : More especially In that, It hath been, this vnhappy trade of drmke that
hath much hindered the worke, of God among the poore Natives, In as much as. It is this
Trade of drinke in Alehouses & in other both private & publiq; wayes : w^'' hath not only
divei"ted, them from religion ; but intoxicated them, vnto, much bloudshed, & barbarous
murthers, among themselves; & also unto those bloudy outrages coiiiitted vpon c people,
not only in the former, but more, especially, in tbis last Eastern warre; Their try-
umphs over such persons, & places, by whome & where, they had bin, most aljused, by
this Trade of drinke doth testify it to ye shame & confusion of o^ faces ; It is therefore
a fearfull Question, whether our Land hath not bin polluted with bloud ; & whether God
hath not thereupon, bin pleading agst: us by bloud; of w'^''^ ye desolation of yt whole
Province is a deplorable instance.
Right Honorable & much Honors Let it not (wee pray you) seem Strang vnto you, y'
wee express so great a concerne, in a matter, w^^ may seem to others but of little con-
cernmt Towndwellers drinking in their Town Ordinarys, being soe common & customary,
& accounted a matter of lawf ull liberty & thence pleading inocency ; it may be thought
unreasonable, so strictly to inhibit it; btit; licitis perimus omnes had wee not, seen it
impossible, to regulate ye vse of it, or to prevent ye destructive abuses of it beforemen-
tioned, wee should have bin silent.
Wee plead not our our* own cause or Psonall interest ; but ye interest of God, of o"" Lord
Cii.t of his cimes. of lle.igion & of the whole worke of Reformation, & of the publiq; weale
of o'' people, in all ye respects of it ; w^'' cannot bee recovered nor secured, much lesse
■Pmoted & advanced, except y" spirit of prophaness bee suppressed ; w"^'> can never bee,
except this most generall powerfuU way of ye working of it be not first fully restrained,
by law, effectually |r>scecuted to y' end because, therin, all temptations, occasions, advan-
tages, to all other ways of Pphaness, doe ly, & ypbane psons heightened & hardened
in them ; And wee humbly take leave to say y' wee beleive y is power w"' your selves in
this way so to restraine it, & yt you are extraordinaryly concerned at this time to secure
ye Govorm'. & all ye good people of ye land from guilt, & ye further excecutions of divine
wrath, by the ii-tmost improvm', of y' power, & Authoritie w'l' God hath betrusted you
withall, for y furtherance of tliis, "& all other parts of ye, worke of Reformation ; w^^i'
•vee beseech God by his spirit to direct & assist you in, w<^'' if hee hath mercy vpon his
people hee will doe. Yet however God shall in his soveraignty order events, wee humbly
hope, yt our syncere desire hereby faythfully to discharg ye trust which God hath reposed
in us as his watchmen; will bee accepted by him as a publiq; Testimony & warning
given in his name & feare, wherby hee hath Pmised wee shall deliver o'' own soules iii
the evill day ; w^^'" yet wee pray may be superseded, by ye reformation & salvation of o''
clihes & people, & that by your meanes, Yet not by might nor by power but by ye spirit
of }'e Lord of hosts." — Ibid., p. 80.
At the same session a billf against adultery and polygamy was enacted; and in the
October session a bill for the more effectual suppressing of unlicensed houses was pre-
pared, read and debated in the Council, and, after an addition had been made thereto, it
was passed and sent down to the House. No further response to these memorials has
been discovered un+il the subject was again taken up by the Legislature this year upon
the following memorial ; —
" A Memoriall To y^ Great & Generall Court Of Massachusetts Bay offered
ir. y<? name & behalfe of y" ministers of y« Province, y' mett At Boston
May. 27. 1696. By their Committees.
Tl')n'».'e & much Hond Gentlemen,
Tha,t v/e insist upon it, as our undoubted right, & very great Priviledge, as English-
men, to apply to y« Supreme Court, in y Land; as it cannot be Criminall, since y«
Authority of our nation (at y* accession of y^'" Majestys to y Throne) Declared it to be y
right of y* subject to petition even y King hirasalfe, soe at y Time, wee Judge it necessary
(wee hauing an Arrand on y<= behalfe of his Ministers, from y King of Kings hims. althV)
unworthy to be called His Ambassadrs unto you.) We finding our solu3s"& our whole
order, too weak to repair y Rnines of Religion among our seines & People, & to effect,
yt thorow & Generall Reformation, w^'' You haue Declared to us in Your Proclamation of
March. 13. 1689/90 to be y only meanes to prevent Seaven fold worse Judgem'a & Ruines
y" any y' yet haue come upon Us ; Haue y;i"fore. from Time to time succesfully
Addressed Authority (not without scripture Patterne for it) y' unto our poor Testimonys
against Atheisme & Irrehgion, blasphemy, Cursing profane swearing, Sabbath breaking,
* Sic. t Province Laws, 1694-5, chapter 5.
540 Province Laws (Resolves etc.). — 1696-7. [Chaps. 58, 59.]
Pride, Rebellion, extravagancys & excesses in meats di-inks & vain Apparel, Contentious-
nesse, 111 language, unrighteous & Injurious Dealings, Idlenesse Drunkennesse, Unclean-
nesse of all sorts, with other vices & all y enticemt^ & nurserys thereof; You might adde
y« edge of y" Civil sword, as an ordinance of God to be improued for y- Cutting off such
"provoking & yet much abounding Impietyes & immoralitys. Yet to our Greife, beholding
Iniquity to Increase, & y« Land still to ly bleeding vnder fresh stroakes of Divine
Judgem. / we accounted it our duty to quicken one another unto utmost endeavours in y
name &'strength of our Lord Jesus Christ, for y« removall of whatsoever remaincs matter
of provocation in y Land ; we alsoe thought it necessary, humbly to implore y^ great
Court, ylif any thing farther can be done by your Authority (as we beieiue in God j^^
may) you would leaue nothing unattempted: Least otherwise we filling up our measure
of Iniquity : by y^ wrath of y^ Lord of hosts against us, j" times be changed, & y<='by
our Condition be rendred utterly hopelesse & desperate. We therefore humbiy Propose it
to your hon^s y' a Committee of y^ Court may be appointed to consider y« Locall laws y'
in y^daves of our Distrease were enacted, in particular those in ye year 79. & .80. & y'
such of y", as may bee usefull for our Reformation, y« as yet haue not Iieen hitherto, may
now be invigorated by your Authority ; we pray alsoe y' ye Addresse Presented l)y y^
Ministers Anno 1694. may be once more (at least by yo'' said Committee) distinctly read,
& thoroughly considered ; together with ye result of "y Synod Anno 1679/80. & Particu-
larly we humbly propose y' (as to yef number) houses for ye retaile of strong drink may
be limited by law, & made as few as may be, & y^ noe Certificate from select men should
be accepted to make a man capable of Licence, except it expresseth y' ye man is a man of
Integrity, honesty walking (as to what appsares) with all Good Conscience towards God
& all men. We could be Glad y' none might set & abide in such houses, but strangers
only. However we pray y' Young Men & Maids, y' Children & servants, might be totally
inhibited tipling in yef owne toWne publiq; houses bylaw. As for eating & drinking
(saith ye Apostle) haue you not your owne houses? from which He prohibitts them to
remove, 'though it were to hold y Love feasts in the House of God; & What else would
He have said to Christians now ; but, What have you not Yo' own houses to drink in &
Why will you drink in Ordinarys ? and Insnare yo'selves ? You cannot possibly be insen-
sible that to multiply ordinarys above w' is necdfull, is to introduce an excesse unto Abuse,
To make Provision for the flash to fulfill the Lusts Thereoff, To putt a stumbling block &
occasion to fall in j'e Way of ye Blind, To cause the Land to fall to drinking, & there will
be at length, we fear, Like People, Like Preist, And as to Wine the very Nazarites will be
given to drink it? and what shall we doe in the end thereoff? and if six or seaven hun-
dred Children and servants (and indeed excessive wages tempts many, to serve in such
houses) be annually bred up in seing and hearing the ungodly deeds of ye Wicked, that
frequent such houses & are trayned up in a Way that they will not forsake wlien they are
old ! What an extensive Ruine will hence spread itself upon the rising Generation and
how can or will the means of Grace profitt them at all ? Why should some small Towns
have no lesse than six Taverns & in ten miles Riding, Ten open houses l)e allowed ? But
It is the Ungainsayable importunity of some Poor People & their Freinds & the weaknesse
of some Select Towns men that have Poured out this vial of Mischeif upon the Land :
For sundry of our worthy Justices in the Generall Court in 1694, Made a good Motion (&
the Proverb saith) No Good Motion can dy in Parliament) To stint the number of Taverns
by Law. And It was so done, under the former Governm' : See March Sessions 1680 :
p. 83. & October Sessions : 1679. p. 71. section. 2. Very excellent Laws ; And Yo"" Comit-
tees of both Houses {Anno 1694 supracUcto) Prepared an Act accordingly which Passed
the Representatives & we intreat mav be again Considered. And hath not this. Our
honoraljle & much honoured Patriotts been the Word of the Lord unto You by the Mouth
of all His servants the Prophetts, from the Ye ir 1679 unto this Day : Wee know there are
many ol)jections But we rememb'' that when the King s'^ 2 Chron. 25. 8, 9. But what shall
we doe for the hundred Talents The man of God answered, The Lord is able to Give Thee
much more than this. But to adde No More, We sadly fear that if You Lend us not an
helping hand in this as well as in other Matters, Your oth'' endeavo" and ours also will be
utterly unsuccessfuU for a Generall Reformation. Pardon our Boldnesse and Bear with
us we beseech You for the Lords sake, if Wee (who are most unworthy) become Yours
who are even the LORD'S Remembrancers. Yo"' humble servants
Moses Fiske ")
June. 12. 1696. Peter Thacher [•
John DaxfohthJ Committees." — Ibid.,
p. 103.
The report of the committee appointed by this chapter is given in the note to chapter
78, post.
. On the day after the passage of this chapter "an act* to supply the defect in the law
referring to the choice and power of tythingmen, enacted at the session of the General
Court in February, anno 1693," was passed.
Chap. 58. This chapter is from council records, vol. VI., p. 506, and archives, vol.
11, p. 123.
Chap. 59. This chapter is from archives, vol. 70, p. 325. It is recorded in council
records, vol. VI., p. 506.
The loss of the House Journals for this period prevents the removal of some obscurity
concerning the controversy which ended in the passage of this chapter. It would appear,
however, that the order in Council, passed October 29, 1696, was, in the judgment of the
representatives, not strictly conformable to the law in regard to draughts upon the prov-
ince treasury, since it required the treasurer to pay, in advance, to the commissioners for
* I'rovince Laws, 1696, chapter 15.
[Notes.] Provinhe \ jWw 9, {Reaolvefi etc.). — 1G96-7. 541
tbe war, a lump sum to (lol'ray the expenses of the expedition to tlic river St. John in
wliich Major Church's coinujaml Ijoro so important a part. This order is as follows: —
" Oct. 29, 1G()6. Pursuant to tlie Act for Rranling unto his Maj'r a Tax upon Polls and
Estates, and tlio Act for rcvivini? and continuing of the Duties of lm|)0st, Excise and
Tunnaso of Shiiiping, made and passed at the Session of the General Assembly in
Mav last, amon.^st otlier things applied to the nrosecution of the War, Repairs of the
Castle &ci
Ordered. Tiiat M: Treasurer do advance and pay into the hands of John Walley
Esq!:£ Commissioner lor War, tlio sum of eight hundred i)Ounds, to be Iraployed for the
answering and satisfying of sucli DisV)nrsoments and Debts, as he has made and con-
tracted for thy setting forih of thj late Expedition to St John's River, Provisions for the
subsistance of the F(5rces therein, and at the several Garrisons within the Province,
Repairs of the Castle, Ammunition and other Expences for liis Maj'y's service, said Walley
to be accomptable for his disposal thereof accordingly.
Wm Stougiiton." — Exec-
utive Records of the Council, vol. 2, p. 423.
From Churcli's account of the action of the House it also appears probable that the
representatives and the Commander-in-chief disagreed respecting the compensation to
wliich Ciiurch's volunteers were entitled under the law. As has been said in the note to
chapter 56, ante, the wages of soldiers and seamen in actual service bafore the passage of
that chapter had Ijeen fixed by the Executive, and there is good ground for tlie surmise
that it was plausibly argued that chapter 24, ante, under which Church enlisted his
volunteers, established a new rule of compensation for them, and that they were to be allowed
the "accustomed wages" paid to impressed soldiers, only while they were actually pur-
suing or fighting the enemy. That the representatives were unwilling to pay as much as
the soldiers had l)een led to bslieve they should receive is inferrible not only from
Church's declaration but from the action of the House.
The account which the province treasurer this year exhibited to the House embraced,
among other similar entries of gross amounts, a payment in accordance with the above
order of the Council to the committee on the war. Thereupon the House voted as
follows : —
"Noj-r 24'.'> 1696. In the House of Representatives.
Voted. That this House do humbly move His Honj the Lt Governof and Council that
no further payments be made on the Account of the late Expeditions under the Command
of Colo Gedney CoU> Hathorne or Majf Church, until this House be better satisfyed
therein. Penn Townsend Speaker." — Mass.
Archives, vol. 10, p. 313-
It would seem that, notwithstanding the above Tote, Walley continued to pay, out of
the sum which by an order in Council he had been authorized to draw from the province
treasury, the debentures regularly issued for the wages of soldiers and seamen who had
served in the above-named expeditions. This was resented by the House as an unconstitu-
tional proceeding, and the representatives expressed their dissent in the following vote in
which the Council were asked to concur : —
" Whereas in an Act Entituled ; An addition to ye Act for setting forth Generall Priui-
ledges ;
It is prouided ; that no money, may or ought to be drawn or Paid out of ye publick
Treasury of this Prouince, but by Warrant or order of ye Gouerr with ye Aduice and
Consent of ye Councill for ye time being, expressing Perticulerly, the Act hj w=ii y«
Said mony was Raised ; and for what Perticuler Seruice the Same is designed, and to
be applyed pursuant to ye Said Act, or Acts ; and it appearing by the Treasurers
Acco's now Lyeing before this house that Great Summes of money haue Issued out of the
Treasury for ye JPayment of ye officers and Soldiers, who went uolunteers in a Late
Expedition Eastward und^ the Command of Major Benja Church; and the Treasurer
not haueing any Ordr from his Honj the L* Gouerr with Consent of his Councill for said
Payments persuant to ye Said Act ; and the Act incourageing the said expedition under
ye Command of Major Benj^ Church not haueing bin Attended in makeing ye ^<i
Payments.
Voted that the Said Payments are Illegall & In wroung of ye Person that hath presumed
so to doe Contrary to his Duty & the Law of this Prouince
In the House of Representatives Novf 27^-^ 1696.
Voted, and sent up to the LJ Govf & Council for Concurrance
Penn Townsend Speak'-." — 76iV/.,;;. 5:? e.
Whatever ground there may have been for supposing that the volunteers under Major
Church had enlisted without the expectation or promise of any other compensation than
had been provided Jjy chapter 24 of the resolves of this year, there was clearly no reason
for denying full pay to the soldiers impressed for the later expedition under Lieutenant-
Colonel Hathorne. Accordingly, the House voted to except the latter from the operation
of their previous votes, as follows : —
" Novr 28t.h 1696. In the House of Representatives.
Voted. That the two Companys of Souldiers impressed and sent to SJ Johns under y«
Comand of Colp Hathorne; be paid their Debentures.
Sent up for Concurrance. Penn Townsend Speaker." — Ibid., p. 319.
This money, which had been actually disbursed by the committee on the war out of the
jross sum paid to them by the treasurer upon the foregoing order in Council, had been
paid to soldiers and seamen after the usual rate of compensation of men enlisted in the
military and naval service of the province. There was still due an equal amount, at
the same rate and to the same persons, on debentures issued by the proper committee.
After prolonged debate on the question of discriminating against Church's volunteers in
the matter of wages, and the two branches not agreeing, a conference was had on the eighth
542 Province Laws {Resolves etc.). — 169(5-7. [Chaps. 60, 61.]
of December. The result of the conference was the passage of this chapter and of chapter
56, ante, establishing the rate of wages of soldiers and seamen for the future. Th3 follow-
ing is Church's account of the action of the House and of the means taken bj the Lieuten-
ant-Governor to induce that body to pass this chapter : —
"... After all their hard Service both Night & Day, the Government took away all
the great Guns, and Warlike Stores, and gave them not a Peny for them, (except it was
some Powder, and that they gave what they plsas'd for it) and beside the Assembly past
a Vote that they should have "but half pay. But his Honour the Li3ut. Governour bsing
much disturb'd at their so doing went in to the Town-House whare the Representatives
were sitting, and told them except they did Re-assume that Vote, which was to cut Maj.
Church and his Forces otf half their pay, they should sit there till the next Spring.
Whereupon it was Re-assumed: So that they had just their bare Wages. But as yet
never had any Allowance for the great Guns and Stores ; neither has Maj Church had
any Allowance for all his Travel and creat Expences in Raising the said Forces Vol-
unteers." — History of Eastern Expeditions, vol. II , pp. J27, 128.
The order in Council passed for the final adjustment and payment of the debts incurred,
and to be incurred, on account of the war was as follows : —
" Dec. 19, 1696. Whereas the Duties of Impost, Excise and Tunnage of shipping granted
and continued by the General Assembly at their Session begun the 271!} day of May last
past, amongst other things are applied for the more effectual prosecuting the present War
against the" French and "other his Majestys Enemies, and the Taxes upon Polls and
Estates granted unto his Majfy at the said Session of the General Assembly, & also at
their sitting i)y adjournment the 18!]i day of November following, amongst o her things,
are applied for support of the Garrison at his Maj'y's Castle upon Castle Island near
Boston, for the subsistance and paying of Wages to Seamen and Souldiers and Vessels
hire that have been, are or shall be imployed in his Maj'y's service for the defence of this
his Province, and a vigorous prosecution of the War against his Maj'y'^ Enemies.
Pursuant therefore to the Acts for reviving and continuing the said Duties of Impost,
Excise and Tunnage of Shipping, and for the granting of the said Taxes upon Polls and
Estates.
Ordered: That John Walley Esq'"f and Captj Ephraira Savage the Committee for
Debentures do adjust and state the Accompts of Officers, Souldi3i«s and Seamens wages &
vessells hire, that have been, are or shall be taken up and imployed in his Majty's servicj,
and for subsistances and other Charges and Services, according to the Establishment and
Regulation of the same made by the General Assemblj'-, & the accompts of Commissaries
and others for Provisions, Cloathing and other Stores to thim committed, and likewise
the Accompts of the Officers and Souldiers Wages at his MajL^ Castle afores^ and of their
subsistance; and grant Debentures upon the Treasurer for payment of what they shall
find due upon their examining and stating of the said accompts as afores^
And it is further Ordered : That M;; Treasurer do accept all such Debentures that are or
from time to time shall be drawn upon him by the said Committee for any of the services
aforesaid, and make payment of the sums of money therein respectively mentioned and
expressed to be due, pursuant to the aforesaid Acts.
Wm Stoughton-." — Exec-
utive Records of the Council, vol. 2, p. 431.
On the eighth of December the Council had voted that Gadney and Hathorne be allowed
fifteen pounds and thirty pounds, respectively, for their services as commanders of the
expeditions to York and the river St. John. The House nonconcurred in these votes on
the ninth ; but the ground of objection does not appear. Possiljly, the representatives
argued that inasmuch as both of these officers were members of the Council, and entitled
to pay in that capacity, further compensation was excessive. However, after the passage
of chapter 56, of this year, which fixed the rate of pay of officers as high in rank m major,
their pay became solely a matter of computation for the commissioner for war. By the
province treasurer's account (May 22, 1697-May 30, 1698) it appears that Hathorne
(besides six pounds "for several expenses and disbursements by him " on the same
occasion) received seventeen pounds ten shilliufjs " for serving his majesty in an expedition
eastward to St. John anno 1696." No payment, however, to Gedney, on account of
military services or expenses, save £13 5s. 2d. " for a chest of medicines for his majesty's
service under Major March," has been discovered.
In the treasurer's account as finally stated and approved, the charges formerly made in
gross were divided into specific items in strict conformity to the law — a rule which was
afterwards followed with greater strictness.
Chap. 60. This chapter is from council records, vol. VI., p 506. It is preserved in
archives, vol. 48, p. 267.
The order in Council* for the payment of this allowance was passed January 21, 1696-7,
and the treasurer credited himself with the payment in his account. t
Besides the above order the CouncilJ passed another, October 15, 1696, for the payment
to the Secretary, from the province treasury, of £62 4s. for fees accrued to him by virtue
of his office.
Chap. 61. This chapter is from council records, vol. VI., p 507. It has not been
found in the archives.
The circumstances under which the Legislature of 1691-5 passed the vote obliging the
town of Dartmouth to pay a part of the amount of uncollected rates in the hands of two
tax collectors have been shown in the note to the chapter^ in which that vote appears.
* Executive Records of the Council, vol. 2, p. 440.
t .Mass. Archives, vol. 122, p. 102.
j Executive Records of the Council, vol. 2, p. 420.
§ Resolves, 1694-5, chapter 3.5.
[Notes.] 1*kovinck Laws {Resolves etc.). — 1G9G-7. 543
It was there said tlial tlic town siil)scqiicntly sought relief from this vote. The petition
in which the selectmen of the town applied for this relief was as follows : —
"To the Great and General Court or Asseml)ly of their majesties prouinc of the massa-
chnsets Bay in now England to be holden ai Boston the last Tusday of this Instant
february
The potion of the Inhabetanco of the Townc of Dartmouth in the county of Bristol
llunil)ly slieweth :
that notwithstanding there bans ben diners great and beany taxes of leat Requiered of
ns wJicrby many of your ])etioners bane ben greatly straightened to procuer money to
pay their proportions of the same yet we hane with out any gainsaying llodily complyed
thereto concluding thiit these troblcsorae times of warr may call for great and unauoid-
able exspenccs but that which semes more straing and hard for us to comply with : is a
warrant sent of leat by M'' James Taylor General tresurer to our Assessors Requiering
them to assess on us the snme of eleuen pounds eight shillings and ten pence which
James Samson and lettes Jeney leat constaliles of our Towne sa.ythey arc unable to pay :
but and if it may excuese constables after they banc goten A Towns moneys in their
bands to say they arc niialile to pav we doubt tliat it may create a bad president for the
futer : but that James Samson should giue such an acount is uery straing to us for he
being concerned in the gathciing of the Canany* Rate the wiiich many of us did for good
Reasons as wo thought scruple to pay and therfore had our estats seased by said Samson
and consideralil sumes more then we were Rated taken from us the which we hane not
hatl again and that we should be now Rated to pay other mens proportions of said Rate
somes uery hard : and for lettis Jeney and if there be any thing Iiehind of the Rate that
be was concerned with we haue no Reason to thinke but that if he had ben so diligent as
he ought to haue ben he mought bane bad it all in dwe time but we haueing payed to that
Rate each of ns twentv shillings for our own heads know no Reason why we should be
foersed to pay for other persons
these things considered we can by no meanes be willing that our assessors doe assess the
Samsf: and therfore pray that your honours will be pleased to consider the premises and
to Remite the said sume : the which shall oblige us to Remain your dutyfull petioners to
serne you in all Reasonable demands
by order of the Towne
Abraham Tucker
Dartmouth ffebruaiy the : 16 : 1694/5 : Georo Cadhfax
Thomas Taker
Select men." — Mass.
Archives, vol. 1],1, p. 106.
On the fifth of March, 1691-;"), this petition, together with similar complaints from other
towns, was referred to a committee, by an order, of which the following is an extract: —
" March 5, 1694-5. Whereas ... it being represented on behalf of the Town of Dart-
mouth, That James Sampson, and Lettis Jenney late Constables in said Town thro misin-
formation by them given haveoljtained an Order for Abatement of some part of the publick
Assessment coiuuted unto them, and which they have Actually Collected or might have
so done, and Yet rendred it unfeasable to be gathered. And thereby drawn the burden
thereof upon the Town . . .
Ordered That the Selectmen of the said several Towns & Constables respectively do
attend John SafRn, John Brown, & Thomas Leonard Esq" who are hereby Nominated,
and Appointed a Coiiiittee to enquire, and bear what the Said Towns or Constables have to
say and offer for themselves relating to the Premisses, And to report what they find therein
uiito the next General Assembly ,_that so right may be done, M'' Saffin to Appoint time, and
place for meeting of the said Comittee, And all process against any of the said Officers
is hereby Suspended until the end of the next Sessions of the General Assembly." — Coun-
cil Records^ vol. VI., p. 383.
The House had previously passed an ordert for a hearing, forthwith, before the General
Court, of the constables, Samson and Jenery, and one or more of the selectmen ; but the
CouHcil appear not to have concurred in this order.
No trace of further legislative action tipon the matter has been discovered until the
third session of the Legislature this year, when it appears to have been brought up again
(whether on motion or upon the report of the committee does not appear) and the vote
was passed which constitutes this chapter. The original has not been found and the vote
is here taken from the reiords of the Secretary, who omitted, evidently through inadver-
tence, eight shillings and tenpence of the amount which the petitionees pray to have
remitted, and which was actually abated as appears by the treasurer's accounts j
Chap. 62. This chapter is from archives, vol. 40, p. 439. It is recorded in council
records, vol. VI., p. 507.
The order in Council|| for the payment of these allowances is dated January 21, 1696-7,
and the payment thereof is duly credited to the treasurer in his account.H
Chap. 63. This chapter is from council records, vol. VI., p. 513. It has not been
found in the archives. See note to chapter 68, 1695-6.
" March 20, 1696-7. A Vote was sent up from the House of Representatives, proposing
a Security to the Treasurer, or any others that should be Encouraged to advance moneys,
for a present Supply of the Treasury, for the Purchasing of Provisions, and Serving other
* Sic: Canada.
t Sic.
X Mass. Archivfg, vol. 113, p. 107.
§ Ibid., vol. 122, p. 87.
fi Executive Records of the Council, vol. 2, p. 439.
11 Mass. Archives, vol. 122, p. 101.
544 Province Laws (^Resolves etc.). — 1696-7. [Chaps. 64-69.]
imblic Occasions of the Province, and a Debate being had thereupon, was left to further
Consideration till Munday next." — Council Records, vol. VI., p. 510.
On the twenty-second the above vote was read in Council, "debated, and sent l)ack to
tJie House with propositions for gome alterations." On the twenty-third "a bill " of the
same purport as this chapter "was drawn up, by direction of tha Board, and sent down
for consideration." It was passed in concurrence on the twenty-fifth.
Chap. 64. This chapter is from council records, vol. VI., p. 512. It is preserved in
archives, vol. 40, p. "440. See note t on p. 8, ante.
The pstition upon which this chapter is based is as follows : —
"To the Hon''i« W™ Stoughton Esq^ Liev' Govern'' & Coinander in Chisf in and over
his Maj'i^ province of the Massachusetts Bay in New England, And the Ilonb'e Council
& Representatives of th3 s^' province Convened in Gen" Asssmbly March 1693/7 —
The petition of Cap'. Samuel Gallop Sheriff of y" County of Bristol
Humbly Sheweth
That Henry He.ul and Daniel "Wilcox both of Little Compton in the County afores''
being indicted and found Guilty of high Misdemeanour, at his Majt'^s Court of Assize
and G3neraU Goals delivery held at Bristol for the s'^ County of Bristol the last tuesday of
August 1G93. were by the sd Court ordered to pay for their sd offence as a fin3 to his Maj'y
one hundred and fifty pounds in money each, and to find sureties for their Good behavour,
and to stand Comitted untill th3 sd sentenc3 were performed, who were accordingly Comitted
to the Custody of yo' Peticonj and aft3r wards by reason of the in sufficiency of tbe Goale
in s"! County, and that Divers evill minded persons h.xil given out spe3ches of their Inten-
tions to procure their Escape, Yof p3tic5n' recsivsd a warrant from the Hon'"''- "Wia Stough-
ton Esq'' then Chief Justics of ths sJ Court of Assizs pursuant to an Order of his Ex=y &
Council, to remove the bodies of the s<i Head & Wilcox to his Maj'iea Goal in Boston there
to be safely kept untill thsy should perform the sd Sentsncc; accordingly yo'' peticon^
being Conveying them ths s^ Head and Wilcox to Boston, the s^' "Wilcox (notwithstanding
joi, petic5n'' used his utmost care & diligence to keep them safe) made his Escape and got
over to Rhod Island, where he hath and doth still remain, being sheltred and protected
by that Goverm' who refuse to deliver him unto yo'" psf althd, he hath often demanded
him. and notwithstanding the Honb'f ths Liev' Governj &c hath also Wrote unto them
thereabout, So that yoL petr stands Liable to pay the s<i Wilcox his Fine of 150" Into the
treasury, and is informed that the treasurer intsnds speedily to send an Execution for
the same. Whereby yo'' peticon'' will greatly suffer, altho he was no ways faulty relating
to the s^ Wilcox his Escape —
Yo": Peticon'' therefore Humby prayes this Honi>ie Court to take the F'mises into
Yor serious Consideration and make such ordsr thereupon as may prevent Yo"; Peticon''
suffering damage by reason of the sJ Wilcox his Escape, And that yo'' Peticon'' may be
freed from being accomptable untill s^ prison^ shall be taken for the affores^ Fine.
And yo' Pei;;as in duty bound shall ever pray &c." — Mass.
Archives, vol. 40, p. 440.
For further particulars relating to this subject see resolves, 1700-1, chapter 80, and
1701-2, chapter 84, and notes.
Chap. 65. This chapter is from council records, vol. VI., p. 51.3. It has not been
found in the archives.
The preamble to this chapter explains the action of the General Court. The tax act
mentioned therein is the act of March 15, 1694-5.* Under somewhat similar circumstances,
John Dexter, formerly constable of the same town, had been similarly relieved, at the
first session of tbe Legislature this year,t of the collection of a tax under the act]: of the
eighteenth of June, 1694.
Chap. 68. This chapter is from archives, vol. 48, p. 271. It is recorded in council
records, vol. VI., p. 51.5.
The order in Council^ for the payment of this allowance was passed April 15, 1697.
The payment of this amount was duly entered in the treasurer's accounts. ||
Chap. 67. This chapter is from archives, vol. 48, p. 270. It is recorded in council
records, vol. VI., p. 515.
The order in CouncilH for the payment of this allowance was passed April 22, 1697, and
the treasurer credited himself with the payment of this amount. ||
' Chap. 68. This chapter is from archives, vol. 70, p. 339. It is recorded in council
records, vol. VI., p. 515.
Chap. 69. This chapter is from council records, vol. VI., p. 516. It is preserved in
archives, vol. 48, p. 269.
The tavern kept by Meers seems to have stood on the site of the Huguenot chapel on
School Street, afterwards used by a congregation of independent dissenters and later still
by the first Roman Catholic congregation in Boston. The site was near or covered by the
present Parker House.
Meers's tavern was, patronized by the better class of citizens, and this house and its land-
lord are occasionally mentioned in Sewall's Diary.
* Province Laws, 1694-5, chapter 27.
t Ch.apter 3, ante.
X Province Laws, 1694-5, chapter 2.
§ Executive Uccords of the Council, vol. 2, p. 400.
II Mass. Archives, vol. 122, p. 101.
II Executive Records of the Council, vol. 2, p. 401.
[Notes.] Province Laws {Resolves etc.). — 1090-7. 545
The following is Meers's bill : —
" Boston y 25'" • of March 1697 @
James Russell Esq; with the IIonn'';ie Committee apointed to James Meerse are Dr
£ sh d
To Expcnce at Sundry times In my house to ye day aboue mentioned 01 „ 13 „ 10."
— Mass. Archives, vol. -/S,]}. 'JGO.
Chap. 70. This chapter is from council records, vol. VI., p. 516. It is preserved in
arciiives, vol. 3, p. 381.
The following is the petition mentioned in the preamble to this chapter : —
"province of the Massatiisets Bay &c
To the right Honour'e W™ Stoughton Esqf Leiu' Govf CoiTlandf In Cheife in and over
his Majts s"! province &e — Together with the Honour'^ Councill sitting in Boston &c
The petetion of Jam? Convcrs, in the behalfe of yc Widow Eliza'ji Stover Late of Cape-
Nudick in the County of Yorke, Now of Situate in the County of piimouth —
Humbley sheweth,
That the sd Widow (in the begiiiing of this present Warr) lost her husband, and she,
with much deficoulty & charge, maintained her fort at Cape-Nuddick, about two Years
but in the Year (16!)1) she was Niglected, her neighbours left her, her sons remoued, she
was forced to qultt the (then) best fort in the Easterne parts, which was within one week
seized by ye Eiiemy, her houses one of stone an other of wood within the Wals burnt, —
dureing the time of her abode there she was very Redy and forword, to supplye soldiers
with beefe and other provisions vpon their March & otherwise as need required, she
obtained a ticket from Your petetion; and some other Comand';^ of her disbuirstments, and
had A debent; signed to the Tresurer for fifteen pounds and seventeene shillings (acord-
ing to my best reraemberance) seat it to her by her son-in-law, to Situate, and her s<J son
lost it by the way, the books haue been serched, but no payment theruf found, she hath
made as many Journeys vp to Boston with A man she Hired to come with her (aliout it)
as Cost her aboue three pounds in money & alwayes mett with disapointments althA. of
late HonrJ Gouji promised her she should be pay^, yett she being weary, left the matter
with ye pettetion; &c :
Now my prayer to your Hon^.s in the behalfe of this poor old Widow is) yf after all her
great losses she may haue this Just debt honestly pay<J her, — and the petetion; shall
remaine vour hon" humble serv'
flfeb :" (26"') 1695/6 ' Jam ? Convers." -• Mas«.
Archives, vol. 3, ;>. 381.
With the petition were filed the following certificates : —
" This may Certyfy ytby ye Coihittees books it appears yt on ye 3 June 1691 There was
a Debenture given out to Eliz : Stover for fiveteen pounds eighteen shillings & was for
Beaf & quartering of Sould" & ye Debenture was numbred 513 :
Boston ye 22 march 1696/7 John Wallet
£.15 : 18 : 00^/
March. 23<i 1696/7 —
These are to Certefie yj I Cannot find any payment made, to Eliza. Stouer, as is
Exprest within this order — HuMP_i^ Parson." — Ibid.
The vote upon this petition was substantially as printed in this chapter, but without the
preamble, and requiring that " the lost order," instead of the " debenture," be " cautioned
against." It was passed in tJie House on the twenty-sixth of March, and on the thirtieth
the Council "voted a concurrence."
The order in Council* for the payment of this allowance was passed June 7, 1697, and
the treasurer credited himself with the payment of this amount.f
Chap. 71. This chapter is from archives, vol. 101, p. 73. It is recorded in council
records, vol. VI., p. 516.
In time of war the Executive appointed a "committee for debentures" whose func-
tions are defined in the following order in Council substituting Ephraim Savage for
Bartholomew Gedney on the committee then last appointed : —
"July 11, 1695. Advised and Ordered: That Capt" Ephraim Savage be joyned with
Major John Walley (in the Room of C0I2 Earthy Gedney lately imployed in that service)
as a Committee for the adjusting and stating of the accompts of the Officers, Souldiers and
Seamens pay according to Establishment, that are or shall be imployed in his Majtys ser-
vice and the accompt of Commissarys & others for Provisions, subsistances and cloathing,
and for Vessells hire, that have been or shall be taken up and imployed in his Maj'ys ser-
vice by direction or order from this Board, and to pass Debentures upon the Treasurer for
the same.
And M; Trea^surer is hereby ordered to accept all such Debentures and to make pay-
ment of the sums of money thereby respectively drawn for.
Wm Stoughton." — Exec-
utive Records of the Council, vol. 2, p. 343.
As ear^v as September 7, 1693, these same gentlemen, as " commissioners for war," had
been authorised to issue debentures in certain cases ; but, subsequently, the two functions
appear to have been exercised under separate appointments, although no record of the
appointment of Walley and Gedney on this committee has been foimd; but this maybe
accounted for by the fact that the executive records are defective during the period in
which the appointment would have been made.
The order in Council J for the payment of the allowance made by this chapter w%is
passed April 15, 1697.
* Executive Records of the Council, vol. 2, p. 4"1.
t Mass. ArchivcB, vol. 122, p. loG.
X Executive Records of the Council, vol. 2, p. 459.
54iQ Province Laws {Resolves etc.). — 1696-7. [Chap. 72.]
By the following entries in the province treasurer's accounts it appears that this order
was complied with ; —
"Paid John Walley EsqI. in full to the 6f> April Vi^ for his
service as Comissiour for the Warr & as one of the Com-
mittee for debentures' 117 ^ 10 „ -
Paid Capt^Ephi-aim Savage in full to y 6'_!i July, 1696 as one
of j^fi C'ommittee for debentm-es being one yearos Sallery 30,, -„ -177„10,, -
both, being. l> order & allowance of y^L^ Governour Coun-
cil 8e Assembly." — Mass. Archives, vol. 122, p. 101.
" Paid Capt^ Ephraim Savage stipend to ye lOth October 1697 . . . 30 „ -,, -."
— lbid.,p 115.
Chap. 72. This chapter is from council records, vol. VI., p. 517. It has not been
found In the archives.
In Ray's former accounts mention is made of one of his Indian prisoners, Bomazeen.
The date and the manner of the commitment of this famous sagamore, and ui his savage
companions, are shown in the account printed in the note to resolves, 1694-5, chapter 56;
but the circumstances of this capture are given in the following extracts from a letter
by Lieutenant-Governor Stoughton to Governor Fletcher : —
" Boston January 29"> 1694/5.
I have waited with Expectation that I might ere this have had some Intelligence from
Europe, or from occurrences liere, worthy of your Ex^ notice ... no action hapned
here saving the Surprizal of four Indians sometime since at Saco Fort, and three more
afterwards at Pemaquid most of them of Esteem with their Countrey men for their
activity and resolution and no less notorious for their villanies, and were doubtless now
sent for spies to gain some advantage for the attacking of the Garrisons, or doing of other
mischiefs : The four that came to Saco were liilled by the souldiers there, and prevented
of carrying back intelligence, those that came to Pemaquid were sent hither, where they
remain in custodj'. and it's hoped may be improved to oblige the return of our Captives,
and tbe bringing in of some of the principal aggressors & actors in the late Rebellion
and outrages^ (which it's said some of the Sagamores I'efused to be consenting unto) or
otherwise to gain the fairer opportunity to take just revenge upon them for their perfid-
lousness and barbarous murders coiSitted. . . .
Your Ex^ys most affectionate Friend
& humble Servant
W. ^." — Mass-
Archives, vol. 30, p. 360.
In the present chapter appears for the first time the name of the prisoner Villieu.
The Sieur Sebastian de Villieu was a French gentleman of distinction, a prisoner of
war taken by the frigate Orford upon her return from the expedition sent by Stoughton
to retake the Newport Galley after the news of her capture by the French had been brought
by the Sorlings.
The following petition by Ray throws some light upon the manner in which prisoners
of war of high rank were treated by the provincial government : —
" To the Great and Generall Court of his Maj''"** Province of the Massachusetts Bay
now convened att Boston. Nov 28"' 1696
The representation of Caleb Ray Prison keeper of Boston Gaol, touching the case of
the ffrench Prisoners of Warr now there.
Sheweth
That among the said Prisoners There is one Cap" Value a person of note concerning
whose treatment The said Ray liad a verball ord' from some of yo'' hono's That it should
be very handsom and in a Generous way, which hitherto has been accordingly attended
with such Entertainement as cannot be afforded und"' Eight Shillings P weeke. The other
of y» prisoners of warr w^'' are more closely Confined then y" s'' Valew, makes their
Complaint That they want some fireing in this hard Season to render their Lives comfort-
able amidst the hardships of prison Entertainem'^
The said Ray in their behalf humbly desires that their Condition may be considered in
this hard Season for fireing. And that dureing their abode in Prison their weekly allowance
for maintenance may be stated both for the one & y« other, w^'' the said Ray humbly
conceives and is very Sensible that (in this deare season of Provisions &c) it cannot in
any Tolleral)le way be done under foure shillings ^ weeke for y« meanest of y« prison''s
& Eight shillings V weeke for y'' Capt". however he humbly leaves it to yo' hono" deter-
minacon. Subscribeing himself
Yoj hon's most humble serv'
Caleb Rat." — Ibid.,
vol. 70, p. 317.
The orders in Council for payments on Ray's former accounts had been for less than
he claimed. In the first session of the General Court this year, therefore, he had
jtresented the following petition : —
"To the Hon'''e W™ Stoughton Esq.f L' Gov of his maj<'<=' Prouince of ye massachu-
sets Bay & ye Honrd Counsil & Representatiues assembled in Gen'i Court Jiine 11"» 1696
The Humble Petition of Caleb Ray
Whereas yoj Petitioner at y last Sessions of this Hon'\ie Court in febuary last past did
lay before vour Ilonnours his Petition w"' an acco'. annexed in all ammountihg to forty five
pounds 1»'^2<' as V y" acco' hereunto annexed the last artikle whereof being for ye
diet of Bomazy and Hostages at four Shillings a weeke from y 5"> of December 1695 to
27* of febuary being twelue weeks (provisions being then & now also uery dear) praying
yc Hon" consideration and as yo' Petitions then understood by Severall of ye members
[NoTKS.] Province Laws {Resolves etc.). — lG9fi-7. 547
of tho house that they had considred my Petition ^ allowd mo what I petitioned for but
alter coming to nij secietary and linding that there was allowed to mo but thirty one
pounds fifteen shillings four pence I percciued yoj Ilonoii were under some mistake and
that in stead of allowing me four shillings <lr> week yol Ilon';^ haue granted me but Eigh-
teen pence a week for if your Hours please to compute the uper Articles of my acco* they
amount att two Shillings .Sixpence pf wccke to twenty Eight pounds two shillings &
three i)enco and tlio twelue weeks in y>' last ariicle at 2/Ci'? i> wceko aiaounts to six pounds
vv^^'i being added makes 34 : 2 : 3 but if allowed according to my Petition at 4' V week
amounted to thirty seven pounds fourteen shillings thre pence so that I fall Short y- Sum
of live pounds Eighteen Shillings and Eleuen i)enco which I now humbly offer to yoj
Honfs consideration w'.'' y« addition of fifteen weeks more since 27''' ffebry last at four
shillings •lr>' week (or more (if yo; Ilonrs Pleaso since prouision is risen since y' time)
amounts to 12''- more
Your Petition^ Doth humbly pray that yo.^ Ilonnours will pleas to order that y« said
suin now amounting to Scuenteen pounds Eighteen Shillings and eleueu pence aboue y
thirty one pound fifteen shillings and four pence w"'' yo."" honours Formerly granted and
he hath received may now be allowed him or wj ever further addition there to yof Hon^s
may Consider of and yo"" Petition"' shall as in duty bound ever pray &." — Ibid., vol.
40, p. 373.
With this petition Ray seems to have filed a copy of the last accoimt* presented by him
tho previous year. The petition appears to have been entered in the Secretary's office,
with the customary fee of ten shillings, on the eleventh of June. When or how it got to
the House does not appear, but it seems to have been read there on the seventeenth, and a
paper preserved in the archives shows that it was sent to a committee of the House, who
reported favorably ; that thereupon a vote was passed for paying Ray the balance claimed
by him ; and that this vote was ordered to be sent to the Council, for concurrence. Here
the matter seems to have rested until the present session, when the committee named
in this chapter was appointed for the purpose of settling all disputes concerning Ray's
accounts and finally liquidating the balance due to him. The paper above referred to is
as follows: —
" Return of the Comittee u s i
for ye Upper Sums of Caleb Rays ace*, at 28 ,^ 15 „ 4
for y» lower Sum at 3s ^' week is 7 „ 4 „ 00
for wt he petitions at 9ii 9 ^, 00 ^, 00
44 19 4
of w^h he hath Rec<> as P Ord' 31 ", 15 '/, 4
Rests due 13 ^, 04 „ 0
W NeHEMIAH JeWET \ poniittP
Sami-i. Partrigg J ^omitte
"Voted: That this return be allowed of; and Caleb Ray accordingly paid the Sum of
13£ 4s Qd out of the publick Treasury.
Sent up f or Concurrance Penn Townsend Speaker." — Ibid., p. 375.
The following figures, apparently written by the committee, are on the back of the
petition : —
<<2— 8—0 1 — 16 — 0
2— 8 — 0 1 — 16—0
2—8 — 0 1 — 16 — 0 45 \ — 2d
2-8-0 1 — 16—0 12weekesat3« P — 2 — 18 = 00
9 = 12 0 7 = 04 = 0 42 =3=2
7— 4-0 31_15_ 4
2= 8 = 0 10= 7 = 10."
— Ibid, p. 373.
When this committee reported, and what was the literal tenor of rheir report, have not
been ascertained, but the amount awarded to Ray appears by the following order in
Council : —
" June 7, 1697. Whereas Peter Sergeant, John Walley and John Eyre Esqj;^ were by the
Great and General Court or Assembly at their sitting in March last appoTnted a Com-
mittee to audit & examin the Accompts of Caleb Ray Prison keeper in Boston, for the
keeping of Captp Villieu and other French Prisoners of War, as also the Indian Prisoners,
allowing him after the rate of five shillings i> week for Capt" Villieu, and four shillings
li* 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 should think fit,
that payment might be accordingly ordered him out of the pulilick Treasury. And whereas
the said Committee having examined the accompts of said Caleb Ray and deducted what
hath been advanced to him of the Countreys Provisions &ca have" made report to this
'Board, that the remaining ballance due to said Caleb Ray with fifty shillings due to
William Paine for. handcuffs and Shackles for the Indians &ca jg one hundred sixty seven
pounds, fifteene shillings and one penny, to the twenty third day of March last past.
Pursuant therefore. to the Act for granting unto his Majty a Tax upon Polls and Estates
passed by the General Assembly at their sitting by adjournment the 18«} day of Novr
last, amongst other things applied for the support of the Govern' and answering of
the incident & contingent charges thereof :
* Printed in the note to resolves, 1695-6, chapter 65.
548 Province Laws (Resolves etc.). —1696-7. [Chaps. 73-76.]
Ordered : that M£ Treasurer do accordingly pay unto the said Caleb Ray the above-
mentioned sum of one hundred sixty seven pounds tifteen shillings and one penny, he
paying the above said sum of fifty shillings to the said W^} Paine.
Wm Stoughton." — Exec-
ntive Records of the Council, vol. 2, p. 410.
Chap. 73. This chapter is from aiThives, vol. 48, p. 272. It is recorded in council
records, vol. VI., p. 517.
Bradstreet died at Salem, March 27, 1697, 0. S. " about 10. at night"* and was interredf
in the Charter Street burying ground, in a tomb covered by a slab of sandstone on which
a long epitaph in Latin was inscribed. Undoubtedly the cost of this tomb was a part of
"the charge of interment" referred to in this chapter. The order in Council;!: for the
payment of this allowance to his son and executor was passed May 27, 1697, and the
following entry in the account of the province treasurer shows that it was paid as
ordered : —
"Paid Lt Coll^ Dudley Broadstreet executo^_ of yp last will and testiment
of Simon Broadstreet Esq^ late Governdur of the Colony of y«- Mas-
chusets Bay deceas't towards defreying the charge of his interment la
Consideration of his long and extraordinary service in his life time
allowed l)y the General Assembly 100 „ - „- ."
— Mass, Archives, vol. 122, p. 122.
Chap. 74. This chapter is fi'om archives, vol. 113, p. 142. It is recorded in council
records, vol. VI., p. 517.
This chapter Ijelongs properly to a group of resolves, ordei'S, etc., relating to the estab-
lishment, etc., of towns, etc. Of the committee appointed by this vote one only (Thacher)
was a member of the Assembly. The result of the report of this committee was the pas-
sage of chapter 2 of the resolves of the year 1697.
Cliap. 75. This chapter is from council records, vol. VI., p. 518. It has not been found
in the archives.
The following entry in the account of the province treasurer shows that credit was given
for the unendorsed bills mentioned in this chapter : —
" Paid Sundry persons for imendorst bills of Credditt by order of the Gov-
ernor & Council pursuant to an Act of the General Assembly . . • 13 „ 13 , 6."
— Mass. Archives, vol. 1 22, p. 102.
Chap. 76. This chapter is from archives, vol. 70, p. 340. It is recorded in council
records, vol. VI , p. 518.
For the expedition in August, 1696, Church had enlisted volunteers fi'om Connecticut. $
The expectation of large military operations this year and the reasons therefor have been
given in the note to chapter 56, ante ; and the needtof all the assistance which the neigh-
boring colonies could possibly render seemed now more urgent than ever. As has been
shown, the control of the militia of Connecticut had been transferred from Massachusetts
to New York, and whatever authority she may have thought herself entitled to assert over
any portion of the colony of Rhode Island and Providence Plantations she forebore to
exercise, preferring to appeal to a regard for the common interest rather than to offend by
dictation or a show of dominion. Accordingly, this chapter, expressing the sense and
desire of the whole province, by the concurrent voice of each branch of the Legislature,
was passed as the most authoritative and solemn appeal that could be made. The vote
was passed by the House on the last day of the last session of the Assembly ; but the
Council did not appoint its representatives upon the commission thus established until
the twelfth of April, which was during the vacation of the Assembly. The following is
the record of the Council's action : —
" April 12, 1697. Lieut^Col : Elisha Hutchinson is nominated & appointed together with
Capfn Nathaniel Byfeildto be Commissioners on behalfe of this Government, pursuant to a
* Sewall's Diary, vol. I., p. 450.
t The following quaint account of the funeral and interment is interesting: —
"Sixth-day, Apr. 2, 1697. Lieut-Governour, Mr. Secretary, Col. Shrimpton, and Sewall ride to
Salem. It rain'd most of the way, and yet, a little beyond the Butts, Col. Gedny met the Gov.
with a small Troop; and in the Rain led us along through the Town to the Fort, to view it and see
what condition 'twas in ; and also the Brest-Work : From thence went back to Col. Gedney 's. Gov-
ernour, Mr. Secretary, Col. Phillips and Sewall dined there: From about two post meridiem, the
wether clear'd and was warm About 3 was the Funeral; Bearers, Mr. Danforth, Major Gen.
Winthrop, Mr. Cook, Col. Hutchinson, Sewall, Mr. Secretary : Col. Gedney and Major Brown led
the Willow ; I bore the Feet of the Corps into the Tomb, which is new, in the Old Burying place.
Mr. Willard, Capt Checkly, Capt Hill, Capt Williams Cap' Belchar &c. there.
Mr. Bromtield, Mr. Eyre. Probably very many would have assisted, had not the wether been
discouraging. Three Volleys, but uo Great Guns, by reason of the Scarcity of Powder. Camo
home comfortably in the Sunshine; which prov'd well; for the next morning was a set Rain.
Ministers at the Funeral, Mr. Willard, Mr. Shepard, Mr. Chiever, Mr. Higginson, Noyes, Mr.
Hale, Mr. Gerrish, Mr. Hubbard of Ipswich, which are all I took notice of." — Ibid., p. 4S1.
After reposing in the tomb for about a centu ry the Governor's remains were removed and the tomb
was sold to Colonel Benjamin Pickman by the selectmen of Salem. By Pickman it was subse-
quently conveyed to Hathorne.
X Executive Records of the Council, vol. 2, p. 469.
§ " . . . Being also requested by the said General Court, [of Massachusetts] he proceeded to raise
Volunteers, and made it his whole business Riding both East and West in our Province and Con-
necticut, at great charge and expences; and in about a Months time raised a sufHcicnt number; "
etc. — Church's History of Eastern Expeditions, vol. II., p. 93.
See the note to chapter' 49, ante, and to resolves, 1G94-5, chapter 62, and 1697, chapter 7, for other
iustanceB of the service of Connecticut men under Massachusetts commanders.
[Notes.] Province Laws {Resolves etc.). — l()D()-7. 549
vote of the General Assembly, to make application unto the several Governments of the
Colonj's of Connecticut and llliodo Island, for assistance from tlicm towards the car-
ryinj; on and prosecution of the War ajjainst his Maj'y'" Enonilos, and ordered that a
Commission and Instructions be prepared for them accordingly.
\VM Stouohton." — Exec-
utive Records of the Council, vol. 2, p. 457.
The commission and the instructions of the commissioners were read in Council and
approved of by the Lieutenant-Governor on the fifteenth, and with them was delivered the
following letter to the governor of each of the colonies api)ealed to : —
" Sf/.
These accompany L'. Col"; Hutchinson and Cap''" Natha. By field who with the advice of
his Maj'ys Council and the Assemljly of this Province aro'Comissionatcd to make applica-
tion unto the Governni' of yof Colony for assistance to 1)3 afforded by them for the carry-
ing on and prosecution of the War against his Maj'.ys Encmys. A memorial of the import
of their CoiTiission they will lay before yoL General Court at their Sitting, and I trust will
have credence with them in what they shall Represent. I pray yoLFavour in Encouragc-
ing and assisting of them in this their Negotiation and speedy dispatch that they may
return honio again. I am. SI Yor Very affectionate huml)lo Servant.
Boston April. 1697./. ' ' W. S.
Govf of Rhode Island & Govr of Connecticot." — Mass. Archives, vol. 2, p. 78.
On the twenty-second, an order in Council* was passed directing the province treasurer
to advance twenty pounds to Hutchinson towards defraying the expenses, etc., of the
commissioners, and, a week later, another order was passed in Councilf directing the
treasurer to pay twelve pounds to Josiah Holland of Roxbury, for a horse purchased of
him by Hutchinson for his journey.
After the jiassage of this chapter, and before the commissioners had presented their cre-
dentials to the authorities of Connecticut, more definite intelligence of the designs of the
French had arrived ; and the Lieutenant-Governor seems, also, to have received official
information of the proposed expedition from England for the recovery of Newfoundland.t
which would impose upon the colonies the burden of supplying with provisions the forces
of Colonel John Gibson, the commander of that expedition.
The first that appears in the archives respecting the subsequent proceedings of the com-
missioners is the reply from Rhode Island. This reply was to the foregoing letter and
to a memorial by the commissioners similar to the one they made to the Governor and
General Court of Connecticut on the fourteenth of May which is hereunder printed in
full. The reply was as follows : —
" lloni'd Gentlemen your Lines baring Date Boston Aprill — 1697 were comnnicated
vnto vs by our Honrd Gov^ Sent ])y y^ hands of your Comissioners Lieuf? CoUonell Elisha
Hutchinson & Cap^ Nathaii Byfield, to gether with a memoriall vnder there hands from
them Laying before vs the deplorable Condition of y° Eastern people for want of Suply
of men and mony & Provitions desiringe Asistance from this Government &c :
wee are deeply Sencible of y" Same and haue taken the Matter into Consideration and
could heartily wish that wee were in a capasity to afford helpe accordingly, but it is not
vnknowne that this his Mai''"^ CoUony are few in number of men and Sittuata as it were
in the midest of ye Collonys with a principall inlett and out Lett and vnprovided for fortiie-
cation against the Enemy : and according as is premisd wee are the frontiers of ye Col-
lonys against ye Kings Enemys att sea : and noe place in New England oftener Alarrumed
nor att greater Charge for Watching and warding then wee are according to the number
of men.
Wee did Asist you in the Canade Expedition by Cap' Edmunds by vpward of thirty
men voUunteers who vpon Returne tho : Comissionated by you was faine to come to vs
for Arears — Block Island haue been attackt by ye ifrench l)ut were reduced by forces Sent
from this Government vnder Comand of Cap' Thomas Paine to admiration when yo"'
Asistance came to Late, block Island : is Still in greatt dainger of y" Enemy and hath
often petitioned vs for a Suply of men which doth more Imediatly concerne vs to Suply
had wee any to Spare.
* Executive Records of the Council, vol. 2, p. 461. .
t /6Jf/., p. 403. •
X This expedition consisted of a fleet of twenty-three sail carrying a force of one thousand men
from Ireland. Gibson appears to have been engaged in this enterprise from March to October,
although Charlevoix states that this fleet sailed from Plymouth, England, on the fourteenth of
April, reaching St. John's on the seventeenth of June. The fleet was commanded by Admiral the
Honorable Edward Nevill. To enable supplies to freely reach Colonel Gibson, the Governor and
Council Bugpendrd, iu ceriain in.-<tauc.-8, the acts forbidding tho exporting of provisions to New-
foundland, and Stoughton prevailed upon Governor Fletcher to ship three cargoes of supplies
for Gibson's men. ISesides this, the Governor and Council sent a present to the Colonel for his
private table. The following is a record of a license granted for the export of provisions as
;ii'oresaid : —
" Sept. 6, 1697. Upon application made by Captn Andrew Belcher of Boston Merchant.
Licence is granted unto him to export iu the Katch Dolphin, George Cox Master, bound for
Newfoundland, such provisions of any sort whatsoever as he shall think fit, for the supply of his
Majt^s Forces there, the sd Cox giving sufficient Bond to carry the said Provisions to Newfound-
land for the occasion aforesaid and to noe other place whatsoever, as in and by a late Act of the
General Assembly Entituled : An Act to restrain the exportaticyi of Provisions, is directed.
Wl' Stoughton." — Ibid., p. 406.
The following is the record of the order for sending a present: —
" Sept. 6, 1697. Advised and Ordered : That by the Katch Dolphin, George Cox Master, bound
for Newfoundland, there be sent as a present unto the Uonbjp Col. John Gibson Commander in
Chief of his Majt^'s Sea and Land Forces there, a dozen of fatt Weathers and a hogshead of
Canary Wine for his honours own Table.
And that John Walley Esqre Commissioner for War take care forthwith to procure and put the
same on board the said YemoW." — Ibid.,p. 496.
550 Province Laws {Resolves etc.). — 1696-7. [Chap. 76.]
If this Island Should bee attackt by ye Enemy ye french it would bee as bad an omen
to New England as Dunkerk is to England: (as wee are inforind you hauo made the
Like Report to his Maj'ie) and therefore it Stands vs in hand to Keep what Strength wee
haue att home to defend the Kings Intrest : niver the Less if thare Should bee any iavation
attemted on any of his Majt'es Collonys, wee then take it our bounden Duty to Asist to
ye vtmost that wee are able: as in Like maner if this his Maj'ies CoUony be Asaulted:
wee may Expect ye Same from any of them, but in meane time this is to informe you
that wee haue sent out fom-e Indiens well accoutred to Joyne with — and vnder ye Comand
of Cap' Peter Aspinwall : and what more wee can doe without indaingering his Majties
Intrest heare wee Shall not bee back ward —
wee haue also gathered Som mony by a fi'ee Contriljution and are takeing care towards
ye Gathering more for the Suply of ye English in the Easterne parts that are distresed
by ye warrs for want of Suply — as for Provitions this his Maj'iea Collony is iadiflferently
provided for them Selues. but not in a capasity to Spare much : Gentellmen it is our desire
to hold a good Corrispondenc with our Neigboring Collonys: and as is afore sd Shall
be ready to Serue them in what wee are in a capacity to do : in ye meane time Shall
Remaine. jol asured ffriends to Serue to om* powers —
Signed by Order of ye Genrll Assembly of his Majsty Collony of Rhoad Island & proui-
dence Plantations Sitting in Newport ye 5th Day of May 1697
West Clark Reed'." — /6tci.
The memorial or application to Connecticut was as follows : —
"May it please Yof Hon^ & this Hond Assembly —
We are sent by ye Honor^/e ye Leu.' Governf Cbuncill and Representatives of his
Majes'3 Province of y^ Massachusets Bay, to make Application to Y05 selves, for Y05
Assistance & supply of men, money, and provissions, for y<= more Effoctuall carrying on,
& prosecuting of y war against his Majes'." Enemies the French and Indians —
This Honourable Assembly cannot be wholy Ignorant of y Great Lamentable, and dis-
tressing difficulties that his Majesties Subjects in y neighbouring Province of y« Massa-
chusets Bay are labouring under, by frequent depredations, and great Spoiles made on
them, both by sea and land, by his Majest'f Enemies the French and Indians in this
wasting war, wherein we are Yet involved, w-'' hath now Continued ueer nine Years, in
w"'^ time there hath been rais^ upon his Majas":^ Subjects more then One hundred & Fifty
Thousand pounds, besides y" loss of maney hundred of his Majes'^ Subjects, and y great
damage we_ii perticuler Towns & Psons have sustain^ y° Province of y» Massachusets
Bay have been at Veryconsid'able charge in yeilding Assistance of men, and money to
ye Province of New Hampshire, and are now afresh sollicitaf} for a supply of Sixty men.
If Yor Honi;9 consid'' y« war as it is nationall, and y' we are all Subjects of j" Same
Prince, may it not be thought just and reasonable, y' \- warr be carryed On in equall pro-
portion by y^ Sevefall Governni'.s both as to men, & money, and may it not now be suitable
to consider y' our Province whose Low Estate we now Represent unto You hath been as a
Barrier to Sheild of those heavy Stroakes, wci> otherwise might have fallen on Yo^ Selves
We hope we need not Use maney Ai'guments w* Yo."" Hours now conveigned in generall
Assembly to make You sensible, y' it is highly Necessary yt so consid'able a part of his
Majes*? Interest, as ye Province of ye Massachusets Bay is, ought to b3 pi-eserved. And
defended. And y' utmost Indeavours ought to be used, to subdue and bring undf such
Enemies, as ye French and Indians are —
The Province of y Massachusets have by y>"selves stood in y" Gap as long as they
are able, a considerable part, have for maney Years been shutt up in Garrisons, and liave
been forced to gett y Bread w"> ye pcrrill of then- lives, tnaney have been driven from
their habitations, and their Estates laid Waste, and consid'able Numbers have been
carryed Captive, and remaine Servants to an heathen Eneniis, whist* others are greatly
impoverished by great losses and heavy Taxes, and Yo^ Selves in this Colloney, by reason
of Yor Cituation, have been providentially Exempt^ & freed from those distractions, and
direfiill Effects of a wasting war, and comparatively have had but a small Taste of it,
our necessities have called for a far greater Supply of provissions y" we in yt province
have been Capiable to raise, w^h hath occationed great advance on all sorts of provissions
raisd by Yo^ Selves, by w«i' You have been greatly advantadged (w^'' we rejoyce in) but
hope y' as God in his Providence hath ntade You capiable. You will as willingly affoard
, releif to Yo": distressed neighbours, and we having no prospect of subduing y« Enemie,
and procuring a peace tohis Majesties Subjects w'^out sending out an army y' may
persue y Enemy, and indeavour to visett their head Quarters.
It is Humbly jproposed to Yof Hours to raise and send forth w"> all Speed at ye CoUoneys
charge a suitable number of able men well equipt, imdr such officers, as to Y05 Solves
shall seem most meet, y-' better to Effect ye designe, and yt You send provissions to Boston
for yo"" supply.
We purpose to procure suitable Vessells to Carry fi-om Boston, Provissions &c, up Kene-
beck River, there to attend said armie in order to their Supply, the Officers and Souldiers
so by you rais<i to receive Commissions, and instructions from y" Honb'o Wp Stoughton
Esqr Leiut Gdvern5 & Comandf in Cheif of his Majesties Province of y Massachusets
Bay : and' we do propose yt Suitable numbers of men be raised in ye Province of ye Mas-
sachusets Bay to guard and Secure their Frontiers at their Own charge —
Elisha Hutchinsox
NatiiaV Byfield
To Robert Treet Esqr Governr of his Majes's Colloney of Connecticott, & Generall
Court of ye same now sitting in Hartford May : 14 : 1697." — Ibid , p. 240.
The public records of the colony of Connecticut supply the want of a detailed report of
their proceedings by the commissioners. The following entry is found in the records for
the May session of the Court of Elections : —
* Sic: whilst.
[Notes.] Province Laws {Resolves etc.). — 1090-7. 551
" Colon" Hutchinson and Capt" Nathan" ByDold, messengers from the Lieu' Govornour
and Councill of his Ma.jo''''» Province of Massachusetts, made their application to this
Asseuiijly by momoriall in the name of the said Liou' Govern'" and Coimcill, for the rais-
ing a suitable number of effective men well equipt to joyn the forces of the said Province,
to iiromoto a design of visiting the coiTion enemy at their bead quarters and to send pro-
vi.sions to Boston for their supply. Capt" Sam" Mason, Capt" Jn" Uatiiliii, and M'' Jn"
Elliott wore chosen and appointed l)y this Assembly to treat with the said gentlemen.
In answer to the proposalls of Hun"' (-olon" Hutchinson and Capt" Hyliold, respecting
the prosecution of tlie warre against the comon enemy, this Court uut finding themselves
able to raise an armie suflicient to attack the enemy at their head quarters without more
aid from their neighbours then can be olitciued, doe therefore conclude to proceed at present
in mannagementof the warre as they have began, by sending sixtie i^our men, English and
Indians, to range the woods neer the walk of the enemy anil upon the return of those that
are sent out to rcenforce (hem l)y adding to their nuinlier according as the providence of
God shall direct and enable them, expecting that those that from time to time bo sent forth,
when they shall in going forth or returning come into any of the fronliera townes of the
Massachusetts Province they shall bo i)y that Province be relieved with armes, amunition
and provisioii as they shall stand in need.
A letter drawn in answer to the motion of the Lieu' Governour and Councill of the
Massachusetts was read in this Court and ordered to be sent to Boston to them." —
Colonial Records of Connecticut, 1080 -11 06, p. 204.
The letter which was prepared as above stated is as follows : —
" Att a Gen""' Court held at Hartford May. \1^> 1697 In answer to the proposals made
by Hon'd Coll Hutchinson & Cap' Nath Byrteld in the Name of the L' Go"" & Council of
his Maj''^ Province of Massachusets, This Court considering their in ability to Raise an
army of men Sufflciant to attack the Enimy in their head quarters with out more aid from
their Neighbours then can be obtained. Doe theirfore conclude to proceed in carrying on
the Warr as they hauo begun by Sending forth of men. to rainge the woods near the walke
of y Enimy, to where they may best discouer and prevent any designes thay may haue
of invading his Majsts Subjects. And upon the returne of the Sixty fouer men alredy
Sent forth to Reenforce them by adding to their Number, according as the prouidenc of
god Shal direct & Enable them, And to bo all ways redy to comply w"> the wise Council
& Aduice of y° Hon'^' L' Gou'' & the Council of his Majestys Province of Massachusets as
they Shal please to Comunicate the Same, Exspecting that when their men in going forth
or returning Shal happen at any time to come in to any of the ffrontere Towns of y<= s'^
Province, they Shal Recieve a Supply from thenc of Arms Amunition & pronision as they
Shal Stand in Neede. And Maj"" Jon* Sellick & Cap' Gold are desiored to Coiuunicate
the minde of the Court to the forenamed Gentlemen :
A true Copie of the act of the s'J Court.
Test Eleazab Kimberlt Secrete" — Mass.
Archives, vol. 10, p. 343.
The commissioners returned to Boston in season to present their report at the beginning
of the first session of the Legislature of 1697. The answers from the two colonies (cer-
tainly the answer from Rhode Island) were read in the Council on the twenty-eighth of
May, but nothing seems to have been done further than the passing of the following order
by the Council : —
" May 29, 1697. Ordered by the Board That the Secretary draw up, and Signe a Letter
to the Governour and Council of Connecticut for their Assistance of a Company of Fifty
or Sixty effective Englishmen to joyne some of ours for the Defence, and Securing of our
Frontiers, And to be in a Body for the releiving of any Place, that shall be Assaulted, As
Also to enforce their Party of Indians now abroad in Pursuit of the Enemy, by Adding
some more to that Number." — Council Records, vol. VI., p. 326.
The letter written by Secretary Addington in compliance with the above order is as
follows: —
" Honbie Sr3
Yours of the 17''' currant by the hand of the Gent° Commissioned by this his Ma'ys Gov-
ernm.' to treat with the Government of yo"; Colony for assistances against his Ma'ys Ene-
mies has b3en laid before y Board. And I am comanded by his honour the Lieu' Governour
& Council to observe unto you the thankful Resentment they have of yo'' kind treatment of
their Comis^ioners and the Expressions of your readiness to assist in this common cause,
with their acknowledgements of what you have already done in sending forth y' party under
the conduct of Peter Aspinwall, wishing success txnto them, and withal to request that upon
their return or Sooner you would enforce them with a greater number, and also forthwith
to raise an Entire Company of Fifty or sixty effective English men under such proper offi-
cers as you shall think fit to nominate for their Commanders to joyne a party of our men
so as to make up a body of three hundred men for the defence and preservation of his Ma'y
Subjects and Interests within the Easterne parts of this Province and in the Province of
New Hampshire (who are in danger of being speedily invaded by j'' French & Indians both
by Sea and Land and it's probaliie some French ships of War are already come into the
Bay of Fundy) and to repel & pursue the Enemy wherever they may bo found, and that
you please to transmit the names of your Officers and notice of the time assigned lor their
marching and the place for their entrance into this Province, his honour will accord-
ingly order Commissions with his Instructions for their further proceeding to be there in
readiness to be delivered unto them You may be asstired they will not be imployed for
the Garrisoning of any Town or place, but be kept together in a body with those of ours
that shall be joyned them, and be constantly in motion above the heads of the Frontiers
in the Eastern parts and near for their relief upon any attack, or to move further East-
ward according as there may be Intelligences of the Enemies motions. Intimations
hereof have been given unto Cap? Mason and M^ Noyes, and that there may be some
supply of prmes from hence for the fitting out some of your Indians that may want
552 PiiOViNCE Laws {Resolves etc.). — 1696-7. [Chap. 76.]
Care will be taken here to transport the Provisions which you shall send for the Subsist-
ing of your men that it may be lodged in convenient Posts whereto they may easily have
access, and it shall be deposited in the hands of such persons as your selves shall direct
It's necessary that the Company of English and what further assistance you shall please
to afford be speedily dispatch't,"the Enemy are upon motion. We had Intelligence the last
weeke that Cap' John the Indian, (lately escaped out of the hands of the French and
Indians) with another briske Indian and an Englishman in Company being upon dis-
covery up Merrimack River were surprized by tbe Enemy, Cap' John killed upon the
spot, the Englishman and the other Indian (who was sorely wounded) taken & carried
to Winipesiockett, from whence the Englishman hath since made his Escape.
Please to favour us with your Answer hereunto with what speed you can so as we may
know what to expect from you that Measures may be taken accordingly —
By order of the Hon^ie the Lieu' Governour & Council
Boston May 31f 1697 ' Isa Addington Secfy
Govern"' & Council of Counecticott." — Mass. Archivrs, vol. 2, p. 252.
Stoughton had communicated to Governor Fletcher of New York as early as the third
of May* the news he had received of the intended expedition to Newfoundland ; and,
apparently, as soon as the official notification arrived, which was dated from Whitehall the
eighteenth of Maixh, 1693-7, he transmitted a copy thereof to the Governor and Council
of Connecticut, which was duly received and read by the Council at a meeting held at
Hartford on the fifth of June. This seems to have quickened the action of the Con-
necticut authorities in affording to Massachusetts the assistance called for in the letter
above printed, for the following votes were immediately passed by the Council : —
"At a meeting of the Governr and Councill in Hartford, June the 5', 1697.
Members of the Councill :
Colon" Robt Treat, Govern'-, Maj'- Jona. Bull, Mr Will. Pitkin,
Nath'i Stanley Esq'', Capt» Robt Wells, Mr Jn'^ More,
Capt" Caleb Stanley, Ensign Jno Chester, Eleaz'' Kimberly, Secret'v.
A copie of a letter from his Maje'ie to Will. Stoughton Esq'', . . was read in Councill, . .
Also a letter from Lieu' Govern'' Stoughton and his Councill signifying their desire of
50 or 60 effective English men under officers appointed by this Couricill to joyn with a
partie of the Massachusetts to be constantly in motion above the heads of their frontiers
and neer for their relief upon any attack of the enemy.
Voted and ordered in Councill that 50 men be raised with all expedition to send to the
assistance of his Maje'iea subiects in the said Province in the service before-mentioned,
and that provisions as wheat, Indian corn, pease, porke &c. be imprest where it may be
had for the supply of the souldiers that shall be sent. The provisions to be purchased at
the market price in money and consigned to Capt" Sewel. That a letter be sent to the
Lieut- Govern' and Councill to signifie to them the resolution of the Councill, and also the
scarcity of provisions in this Colonie and the expectation of this Councill to have a supply
of provisions for the souldiers sent from this Colouie from them till they may have a sup-
ply from hence, and when such provisions as are sent from this Colonic are spent, that
they afford them a supply till their return, and what provisions they shall afford to the
souldiers sent from this Colonic at their first arrivall there to be paid to them in the same
specie out of the provisions sent from hence ; also that they have their suppl}' of amnni-
tion from them and also necessary clothing upon the creditt of this Colonic, and that the
souldiers sent shall not continue upon the service beyond the last of Septem!)er next, and
to be at the comand of the Governour and Councell to be called home sooner if they
shall see reason for it.
Voted and granted in Councill that every souldier should recieve 10* in hand in money
to supply him with a horse for his journey, and that the capf' for his wages shall have 26^
cash p"- week while he is out tipon the service, and the lieut 15^ cash per week, and the
private souldiers 7»' pr week; each souldier to have a quarter of a pouml of powder and
l)ulletts answerable. Capt. Will. Whiting to be capt" of the company, Lieut Stephen
Hollister to be their lieut." — Colonial Records of Connecticut., 1 689-1 700, pp. 21 6, 217.
On the seventh. Governor Treat communicated to Lieutenant-Governor Stoughton the
foregoing votes of the Council in the following letter : —
" Hon'^i'^ S''
Yours of the 29 of May with a Copie of his Maje''''" Letter inclosed as also one of the 31st
under the hand of your secretary M'' Addington by order of your Honour and Councill
have been Read and Considered in Councill. I shall not need to trouble your Honour with
a Rei)etition of the smse that is ui)on our Spiritts here of our Solemn olMigation according
to the best of our abillity to promote the answering of his Maje''''* desire and expectation
in sending supplies of provision and suitable Refreshm'* to his forces inguaged in a
designe so neerly Concerning the interest of the whole nation and these Colonies in par-
ticular. And to deal therein with all Solicitous Care plainnesse and sincerity, but by
Reason of the Scarcity of [Provision in your Province and the Quicknesse and freenesse of
the Markett. Provisions are so dreined from us. that we thinke there is nothing Con-
siderable left beyond what is of Necessity for the Supply of the people till a new Crop and
Supply Comes in. Though there hath been a good increase in some plantations upon the sea
Coast, yet in severall principall townes upon the River the Crop hath failed so, that divers
persons that farme Good Quantities of Land are C [on t] strained to buy their bread Corn.
Yet we shall not be wanting to make dilligen [tf] inquirie, and to doe the liest we Can ; but
at present Can Give no incouragom' for any dependance. In answer to yours of the 31st of
the last month, we have Resolved with all expedition to Raise 50 men to send to your
* " . . . there are Six Sayle of mon of War and a Bomb Katch wt'i some Laml fforces under the
comand of Colo Gibson ordorod to Newfoundland to resettle that Country and secure the Fishery,
it's probable my Lord Bellomont may come out with that Squadron . . ." — Mass. Archives,
vol. 2, p. 410.
t Manuscript mutilated.
[Notes.] Pkovince Laws {Resolves etc.). — l(i9G-7. 553
assistance according to your desire there may also Come with them 5 or 6 active Indians,
under tlio Coiuand of Capt" Will Whiting, to i)0 in the service till the last of Scijtcmlter
unlcsse wo shall see Reason to desire tlicni homo sooner which will Conic into your I'rov-
inco by the way of Malljorough. And S; wo must expect from yon a Supply of provi-
sions for them untill provisions may bo jirocurod and sent from us. And that they may
Uocicvo from yon aiTiuuition C.'lotiiing and necessaries for their supply upon the Creditt of
our Colonic, as also acconiodalion of phisick and surgery as they may stand in need which
is more easily obteined with you (hen with us. S' our (ireat Care [is*] to Gett provisions
for them, and know not at present where it is to l)C had to maintain them for any Consid-
erable time. S'' it is our desire to hear from you with as much speed as may be, and to
know how farre we may expect you Compliance with our desires in supplying our men.
and to send us word whether you Can supply them with provision upon our Creditt if sup-
plies should fail here. (Provisions must bo had.) and if wo under stand that you will so
doe Rather thsn fail of our men it shall occasion no slacknesso on our part to doc the best
we Can to provide for them our selves. A letter is lately Come to us from Colon" illctchcr
who informes that ho hoars of a fleet of french men of warre gone in pursuit of the
Spanish plate fleet and if they fail of that designo their order is to Come and destroy New
york. and he demands our Quota of 120 men which we must have in Readinesse to march
if any such attaciv should happen :
Iloni^'o S'
Your most affectionate friend and Servant
Hartford June the 7'^' 1697 : Robert Treat." — Mass.
Archives, vol. 2, p. 232.
The term for which the Connecticut soldiers were enlisted expired the last of September.
They formed part of the expedition under Major John March, which, after an encounter
with the enemy, at Damariscotta, on the ninth of September, ])rudcntly returned to
York.f Tidings of this movement reaching Boston just after the adjournment of the
Assembly, the Governor and Council sent commissioners]: to encourage the forces to con-
tinue in the service. Stoughton lost no time in urging the government of Connecticut to
pursue the same course with their contingent. This he did in the following letter : —
"Boston Septr U'.i> 1697 —
Honi'i* Srs/.
I understand that the time limited by yof Instructions unto Cap'}<= W'2J Whiteing for
his continuance in his Maj'.ys Service within this Province with the detachment under his
CoiTiand, will expire with this month, yo^ assisting of us so far is thankfully acknowl-
edged, Capne Whiting & his Company haveing acquitted themselves very well. I am
sorry for the mishap formerly befalling some of his souldiers, and y" loss lately susteined
in an Engagement with the Enemy, of which I suppose yo" have an acco.t in his own Let-
ter unto yoE. Selves ; the loss on our part has been in proportion more heavy ; and I hope
the Enemy have no cause of triumph ; but received a considerable rebuke and dis-
appoiutm.t I do not apprehend the time of our threatned danger to be yet over, and it's
probable to be an opportune Season for pursueing the advantage lately gained against the
Enemy to wc]i end I am sending some Gent" of y« Council Eastward to advise therealtout
w'-'" J'; Comaiiders of y Force^~ ab'ro''. I therefo]-e earnestly pray yo^ further Instructions
to Cap".'" Whiteing for hi.-: remaining some longer time in the Service in order to the forme-
ing of another Expediticr which I hope will be but short that we may not lose the oppor-
tunity providence seenies to favour us with ; please to let me have .vor Speedy answer
hereto, and yo;; Instructions unt'> Cap'."- Whiting accordingly. Upon y^ 1 1'h instant a party
of Indians to y' number of about Forty as was judged, about twelve a clock the same day,
Surprized and ki'ld about 26, persons at Lancaster of which the Minister of the Town was
one, burn't two Garrison houses and two Barnes, the Garrisons being left open and y^
Inhabitants Surprized in their Fields : there is a party of men out in pursuit of .y' Enemy
I have yet no accoj of their return or what they met with. I hope the i)arty of English
and Indians from yo.r Governint of whome Capi."= Mason lately advised me and for which
I sent Comission, are set forward into the parts of this Province about Pennicooke &
Merrymack River and may be probable to do good Service there upon liie Enemy in case
they be not over hasty of drawing off & returning home as is their usual manner. I am
in daily Expectation of the arrival of Ships from England, and with them his majtys
Govf I have yet no intelligences about y- Squadron & Forces gone to Newfoundland
under C0I9 Gibson, long to hear of theu' good Success, and also some good news from
Europe I am
Gent. Your affectionate Friend & servj
W>' Stoughton." — /6«fi.,
p. 2.')G.
The following is the record of the action taken upon this appeal : —
" At a meeting of the Govern'" and Councill in Hartford, Septem'"' y 21'", 1697. . . .
A letter from Lieu' Govern'' Stoughton dated Septemb"' y<= 14"', 1697, was read in Coun-
cill, giving an account of a late expedition against the enemy, and signifying his earnest
desire that Capt'^ Will. Whiting with the detachment under his command might have
instructions sent to them to remain longer upon the service then formerly limited, to the
forming another expedition. The Govern'' and Councill having considered the matter,
concluded to write to the Lieu' Governoiir and to signifie to him that the souldiers being
prest to attend the service onely nntill the end of this present month, and then to return,
they cannot see it their way to require them to continue any longer; if the Councill should
not hold to their word it would be a discouragem' to our souldiers to goc forth for the
future, yet if there be occasion for an expedition that may be speedily prosecuted, and the
* Manuscript mutilated.
t See resolves, 1697, chapter 39, note.
t Ibid.
554 Province Laws {Resolves etc.). — 1696-7. [Chap. 77.]
capt" and souldiers are willing to stay longer in order thereunto, they are contented that
they should so doe, and that they shall be allowed the same iucouragement for their
further service as is at present allowed to them.
A letter drawn to send to Lieu' Govern'" Stoughton, and a letter to Capt" Will. Whiting,
were read and approved in Councill." — Colonial Records of Connecticut, 1689-1706,
p. 220.
This action was communicated to Stoughton in the following letter from the clerk of the
Council of Connecticut : —
" Hon''''' Sr
Yours of the M"* Cm-rant is before us wherein your Hon'' Gives us an account of a Late
Expedition against the Enemy with the successe thereof. As also the Solemne Provi-
dence of God towards the Inhabitants of Lancaster In Suffering the Enemy to surprize
and destroy so many persons there inhabiting, and to make such waste upon the town.
According to the Information we have Recieved those people were to secure and negligent
not attending the ways of providence for their own preservation, although we doubt not
but your Honour hath Given them soleiiie Caiition to look well to themselves. Your
Honf allso Informes us, of the Coiuendable behaviour of the souldiers And how they have
manfully acquitted themselves in the inguagem' with yom- Earnest desire that further
Instructions bo sent to Captain Whiting for his Remaining some Longer time in the ser-
vice, in order to the forming of auothei'Expedition for which Providence seems to favour
with an opportunity. Your Desires therein we have taken into serious Consideration, And
although it is our hearty desire to Promote any hopefuU designe against the Coiiion
Enemy yet having prest "and Promised our souldiers for no Longer time then the end of
this present month and then to Pi,eturn we see not how we Can without Reflexions of dis-
honesty, and Imprudence Require them to Remain any Longer upon the service. And
so to doe may be of ill Consequence for the future, and may discom-age our souldiers from
Going out when they are prost. Yet notwithstanding if the Captain and souldiers are
willing to Continue for some short space of time Longer upon the service, we are so desir-
ous that all advantages against the Coinon Enemy should be improved to the uttermost,
that we are Willing that they should so doo And that the same Iucouragement for their
further service should be allowed to them, which hath been Inguaged for the time formerly
Limited.
Desiring the God of Armies upon whose divine Providence the successe of all Enter-
prizes doth depend to Goe forth with our forces to Give them Courage, Councill and
strength for the warrc and successe therein. And also acknowledging the Good hand of his
Providence appearing for his people in this wildernesse In Giving such successe to the
Late inguagemeut. whereby we hope our souldiers are animated and lucouraged and the
Enemyas we hope Daunted and discouraged for which his name be Praised
We Remain Your Hon'-^
Aflectiouate friends and Servants
the Govern'' and Councill of
His Maje'i£? Colonic of Connecticutt :
By order of the Govern>- and Councill Eijeazar Kimbeult Cler Concilij
Hartford Scptembr 2\f 1697." — Mass. Archives, vol. 2, p. 257.
It having thus been determined that tlie Connecticut soldiers should return, Stoughton
dismissed them with the following grateful letter to Governor Treat: —
" Honi'ie Sr/.
These accompany Cap^e Whiting who now returns home with his Company, for whose
good Service I return yoii thanks, and for yoj concession to have continued their pay for
a longer time in case they had been willing to remain in y" Service to gone forth on
another Expedition which I was very desirous to have set forward, and have pursued the
advantage gained of the Enemy, but things did not Sute thereunto, so that I hud not the
opportunity of makeing the proposal to them, liut perceive they rested much upon y«
promiss of yo^ Governm' that they should be drawn off at the end of Septembr Capne
Mason and m^ Novs^ Erideavours and pains to have Served us with their Indians has
come to little Eflfect they being such a difficult sort of people to have to do withall there is
little Expectation of any considerable Service from them, the party that came down here
in the Spring want'' not Encouragem' haveing twenty pounds freely given them by this
Governmt however I thankfully accept those Gent'js good desires and zeal in that matter.
and with 'all due Respects to yof Selfe and y« Gent'} of yof Council.
I am. Sr yor affectionate Friend and Servt
Boston. Ocfi 1" 1G97. " ' W. Stoughton
Gov; Treat." — /iif^.,;^. 258.
By the eleventh, these soldiers had returned, and the Governor and Council at Hartford
took measures for equalizing their pay by passing the following order : —
" Att a meeting of the Governour and Councill in Hartford, Octo?3'' the IPh, 1G97.
The souldiers that were prest in the severall counties of Hartford, Newhaven, and
Fairfield, for the assistance of his Maje'ica subiects in the Province of the Massachusetts
Bay being returned home, the constables in the severall plantations whore souldiers have
been preset for the said expedition are hereby ordered by the first oportunityo to send to
Capt"> Calcl) Stanley commissary in Hartford, a p'ticular and distinct account of all that
the souldiers in the respective townes have recieved of the country before their going out,
upon the account of their wages."— Colonial Records of Connecticut, 1 689-1 706, p. 220.
See, further, resolves, 1697, chapters 7, 16, 21, and 39, and the notes thereto.
Chap. 77. This chapter is from archives, vol. 70, p. 335. It is recorded in council
records, vol. VI., p. 519.
This chapter is based upon the following petition : —
" To the Right Hon'"'''' William Stoughton Esq"" LtGoverno"" and command"" in cheife in
and over his Maj^^ Province of the Massachusetts Bay in New England with the Hon"J
[Notes.] Province Laws (Resolves etc.). — 1696-7. 555
Couuciil and itepresentativcs thereof now assembled in Gen'" Court held att Boston by
adjournement March 18'i' 1096/7 —
The Petition of Benjamin Church of Bristoll
Humbly Shovvoth
That yo'' Potition"' on the U* of June 1696 by advice of the L' Gov & council of this
Province, in ord'' to raiseing forces for his maj^iii'' Sorvico to goo to the Eastward against
y" Common enemy Came from Bristoll to Boston and went I'rom thence to Stonington
Now London and Norwich into connecticott colony, and from thonco to Bristol againc,
and from said Bristoll into tho Soverall Townes of Barnostal)lo County soo farr as East-
ham and soo to Plym luth and into soverall Townes of Plymouth County and from thonco
to Boston againo : and being informed That y act Intituled an act for Encouragem'. to
prosecute y" Enemy would not answer tho end of his Intentions in proceeding on the
aforcsd designe. Yo"" Pofitior was farced to take a journoy from Boston into Connecticott
Colony againe, and from thcnco Returned to Bristoll aforesd, whero in Bristoll County he
raised Two Companys tho one of English the other of Indians, and in & dureing which
Time yo' Petition is well assured That he Spent in horso hire. Travelling yo aforesd jour-
neys, i)assing Fcrrys, upon Companyes, and in Nocossary Treating of divers persons for
an accomodation in the premisses, above Six and thirty pounds money, whsreof ho
only rocd Twenty Soven pounds out of tho PulHick Treasury towards the dischargeing the
same. That upon tho third day of Augt Last past lie rec^ his commission att Boston to
proceed in the Quality of a Major on the aforcsd Expedition to ye Eastward ag' sd com-
mon Enemy ancj in his Avay thither expended very considerable of his owuo money upon
the fforcos raised in tho Provinces of Maine & Hampshire, to accompany him and was
upon sd Expedition thence forward to y" '26'i> of Octob'' following att w^h time he Landed
on shore att Boston, Soe that the whole time of his being upon said servico from y^ sd
Fourteenth of Juno to ye sd 26th of Octob'" is Fouro months and Twelve dayes.
Yo'' Petition^ therefore humbly Prayes That this high and hon'''" Court will soe consider
the premisses as allow yo"" Petitio"" Such sufficient compensation for his time, service and
Expences, in tho aforesd Servico as to yo^ wisdoms Shall soome meet and litt.
And Yo^ Petition'' as in Duty bound shall ever pray &&»." — Mass.
Archives, vol. 70, p. 334.
Fragmentary accounts of the services of Major Church as the commander of an expedi-
tion starting late in the summer of 1696 and proceeding along the coast of Maine as far
east as Chignecto on tho Bay of Fundy and up the river St. John appear in tho notes to
chapters 24, 35, 59, and 76, ante.
His commission as major is printed in the account of his eastern expedition compiled
from his manuscripts, by his son.* Such documents emanating from the Executive solely
are not preserved in the archives. Nevertheless, as in the present instance, they furnish
the best, and sometimes tho only, evidence of the nature of tho duties and authority of the
officer commissioned. Hence, Church's commission and instructions are given, here, as
follows : —
"William Stoughton, Esq; Lieutenant Governour and Commander in Chief in and
over His Majesties Province of the Massachusetts-Bay in New-England. To Major Ben-
jamin Church, Greeting
Whereas there are several Companies raised, consisting of English-Men & Indians for
His Majesties Service, to go forth upon the Encouragement given by tho Great and Gen-
eral Court or Assembly of this His Majesties Province, convened at Boston the 27th Day
of May 1696. to prosecute the French and Indian Enemy, &c. And you having offered
your self to take the command and conduct of the said several Companies. By vertue
therefore of the Power and Authority in and by His Majesties Royal Commission to me
Granted, reposing special trust and confidence in your Loyalty, JPrudence, courage and
good conduct. I do by these Presents Constitute and Appoint you to bo Major of the
said several Companies, both English-Men and Indians, raised for His Majesties Service
upon the Encouragement aforesaid. You are therefore carefully and diligently to per-
form the duty of your place, by Leading, Ordering, and Exercising the said several Com-
Ijanios in Arms, both Inferiour OfflcLTs and Souldiers, keeping them in good Order and
Discipline, commanding them to obey you as their Major. And your self diligently to
intend His Majesties Service for tho prosecuting, pursuing, taking, kiding or destroying
the said Enoiny by Sea or Land; And to observe all such Orders and Instructions asyou
shall from time to time receive from my Self or Commander in chief for the time being,
according to the Rules and Discipline of War. pursuant to tho trust reposed in j'ou.
Given under my Hand & Seal at Arms at Boston, the Third Day of August, 1696. In
the Eighth Year of the Reign of Our Soveraign Lord William the Third by tho Grace of
God of England, Scotland, France and Ireland, King, Defender of tho Faith, &c.
Wm. Stoughtox.
By Command of tho Lieut. Governour, &c.
Isaac Addixgton, Seer."
" Province of the Massachusetts-Bay.
By the Rt. Honourable the Lieutenant Governour and Commander in Chief.
Instructions for Maj. Benjamin Church, Commander of tho Forces raised for His Majes-
ties Sorvico against tho French and Indian Enemy and Rebels.
Pursuant to the Commission given you, you are to Embark the Forces now furnished
and equipped for His Majesties Service on the present Expedition to the Eastern parts of
this Province, and wiih them and such others as shall offer themselves to go forth on tho
said Service to Sail unto Piscataqua, to jovn those lately dispatched thither for tho same
Expedition, to await your coming. And with all caVo and diligence to improve the
Vessels, Boats and Men under your command in search for, prosecution and pursuit of
the said Enemy, at such places where you may bo informed of their abode or resort, or
* The edition referred to in these notes is that of Rev. Henry Martyn Dexter, D.D., Boston, 1867.
556 Peovince Laws {Resolves etc.). — 1696-7. [Chap. 78.]
where you may probably expect to find or meet with them, and take all advantages
against them which Providence shall favour you with.
You are not to list or accept any Souldiers that are already in His Majesties pay and
posted at any Town or Garrison within this Province, withoutspecial Order from my self.
You are to require and give strict Orders that the duties of Religion be attended on
board the several Vessels, and in the several companies under your command, I)y daily
Prayers unto God and reading His Holy Word, and Observance of the Lords Day to the
utmost you can.
You are to see that your Souldiers have their due allowance of Provisions and other
necessaries, & that the Sick or Wounded l)e accommodated in the best manner your cir-
cumstances will admit. And that good order and command be kept up & maintained in
the several companies, and all disorders, drunkenness, prophane cursing, swearing, dis-
obedience to OtHcers, mutinies, omissions or neglect of duty, be duly punished according
to the Laws Martial. And you are to require the Captain or chief Officer of each company
with the Clerk of the same, to keep an exact Journal of all their proceedings from time to
time.
In case any of the Indian Enemy and Rebels offer to submit themselves, you are to
receive them only at discretion. But if you think tit to improve any of them or any others
which you may happen to take Prisoners, you may encourage them to be faithful by the
promise of their lives, which shall be granted upon approbation of their fidelity.
You are carefully to look after the Indians which you have out of the Prison, so that
they may not have opportunity to escape, but otherwise improve them to what advantage
you can, and return them back again to this place.
You are to advise as you can have occasion with Capt. John Gorham who accompanies
you in this Expedition, and is to take your command in case of your Death. A copy of
these Instructions you are to leave with him, and to give me an account from time to time
of your proceedings.
Boston, August 12th. 1696. Wm. Stoughton." — Histori/ of
Eastern Expeditions, vol. IL,2}p- 94-08.
The vote which constitutes this chapter seems to have been the final settlement of
Church's accounts with the province, for this campaign.
Chap. 78. This chapter is from archives, vol. 47, p. 166. It is recorded in council
records, vol. VI., p. 519. See chapter 57, and note, ante.
The following repoi't l)y the committee appointed December 18, 1696, was read in the
House March 23, 1696-7. It was read there a second time on the twenty-fifth, debated,
approved, and sent up for concurrence. No vote in the Council upon this report has been
found other than this chapter : —
"Whereas the Generall Court or Assembly of his majt'.es Province of the Massachusets
Bay in NewrEngland hauc appointed us y« Subscribers a Committee to make a Collection
out of the Laws of this Province ; of the Powers & Dutyes of Grand Jurors Constables
and Tythingmen ; that so a Sufiycient Number may be Printed to informe the said officers
of their Respectiue Dutys, in order to an exciteing and quickening of them, to a faithfull
Discharge thereof, persuant where unto we are of opinion that the following Acts and
paragraphs, be printed togather; & that there be not Less in Numbar then flue hundred;
that all officers Concerned may be Accommodated with y-" Same ; viz'
The Act for puunishing Crimminall offenders page 16.-21
The Act for Suppressing unlicenced houses pa : 26. 27.
The Act for y« Better obseruation of y^' Lords day pa : 28 : 29.
The Act for preuenting Common Nusances. pa. 30. 31.
The Act for Suppressing unlicenced houses pa : 54-56 & half 57.
The Act for the more Etfectuall Suppressing of Drunkenness pa: 99-101.
The Duty of Grand Jurymen taken out of an Act for Grand jurors in pa : 103. wherein
it is sett forth in these words, vizt —
whose Duty it shall be to inquier and Duly present, the Breach of all Such good and
wholsome Lawes, as are or shall be estal)lislied within this Province, and all such mis-
demeanours as are proper to their inquiery, and the Jurisdiction of said Court.
The Act for the Better Discouery & more Eflfectuall suppressing of unlicenced houses,
page 143. 144.
The Said Committee being also directed to Consider y Seuerall perticulers Contained
in y" memorialls presented hy the ministers in order to the Effecting so good a worke as
is therein proposed ; are of Opinion ; That his Hon^ the L' Gouerr & Council be humbly
Moued to Issue out their Proclamation; Requiering all Justices Grand jury men; Con-
stables, & Tythingmen, Concientiously ; & deligently to put in execution; tlie wholesome
Laws, & Acts tliat are in force Against profaine 6c Wicked practices according to their
Seuerall Dutyes in their Respectiue Places, and that none of them do neglect the Same
as they would avoid Bringing euill upon themselues; and being instruments of pulling
downe yett greater Jugmeuts ujjon tins i)oor Land ;
wherefore all Justices are strictlj'' Requierd; to be uery Carefull in their station to see
that the wholsome Lawes of this Province against all sorts of wickedness, be put in
Execution ;
And that they do not fail to gine Sentence; for all Such Breaches of Law as shall hap-
pen at any time to be Committed in y' voiw; & y' the Law makes y« veiw of a Justice of
Peace to be Conviction ; and that the Justices at y quarter sessions (or other meetings for
such purposes within this Province) do fake Care that no Licence be granted to any per-
sons to Keep Publicque houses of entertainmt but Such as are of a sober Conuersation ;
and that no more haue Licence granted them to keep such houses, then is Really nessesary
for the Releife & entertainment, of strangers, Trauellors & person imployed upon Pub-
licque service —
That all Grand Jurors do impartially, and faithfully discharge the trust reposed in
them; by makeing due presentments of all breaches of Law that are Knowne to them or
that they Can gift prooffe off;
[Notes.] Puovixcr Laws (^Resolves etc.). — 100(1-7. 557
& That all Constables & Tythinsmen, do not fail to do y Duty in presenting to the
Jnsticcs at tlicir sessions, or oilier wise, as .y" nature of y oflFcnco dns lle'iuier; the names
Surnames. Conditions, & qnallityes of all such; as Conlinuc Tii)lin;^ in Inns, & other
pnl)lic'quo houses of entertainment especially on the Lords Day; and such as they lind
l)rnnl<e togather wilh those that cntertaino them; all profane swears, it Cursers and the
Number as ncre as they (.'an of their oaths; All such as are Ruilty of extortion by takein,!»
more, or greater fees then (lie Law allows; All such as Keep houses where unlawfiiil
Games are used & such as sell Drinke without Lycencc; the names of such as Hue Idlely
without estates, at their owuo hands, Susi'.icious persons, Whores, night Wallcers, mothers
of Bastard Children; Detects of high Wayes and Bridges, >vith y- names of those that
ought to maintaino tliein the Names & Places of Such as Committ Common Nusances;
witli the Names of any that Can ])n)ue any of y- Said offences : and That all his Maj''.<^'
good Subjects inhaliitting this Prouince, do malce Concience (as tliey would avoid Bring-
ing guilt upon Ihemselues) faithfully to informe of all such Breaches of the Law; as they
shall Come to y Knowledge off; anJ are a Scandal 1 to lleiigion
That a Pill bo di-awne for y" oblidgeing all bills of Cost to be taxed durcing the setting
of such Court where the Said Costs shall arrise to be Taxed by the primeer Justice then
present;
That a Bill 1)0 drawne for the punnishing of all Such, as shall cntertaine Children or
Seruants without the Knowledge & Consent of y- parents, or masters & raistrises; & y'
such yt so do shall be Lyablo to y- same penaltyes as those who keep houses of Publieke
entertainment
that a Bill be Drawne for y punnishing of Raylorys Bagbiteing & obceine Language;
that a Bill ba Drawne for the ])unnishing such who Line Idlely not haueing Estates; &
for yc more Effectuall setting to worko & imployeing of poor Cliildren that spend most of
y Time in Idleness —
By order & in the Behalf of the Committe Appointed by the honf} Gen'-' Court —
Boston March 12. 1696/7 P' Ja. Russell." — Mass.
Archives, vol. 40, p. 442.
Chap. 79. This chapter is from council records, vol. VI., p. 510. It is preserved in
archives, vol. 70, p. 332.
The following is the petition mentioned in the preamble to this chapter : —
" To the Rtt Iion''i« William Stoughton Esq"" L" Governo'' and Comand'' in cheife of his
maj'if? Province of the Massachusetts Bay in New England with the honrd Council I and
Representatives thereof now assembled in Gen"^" Court held att Boston by adjoiirnem'
March 18th 1696/7
The Petition of Richard Honnywell of Yorke
Humbly Sheweth
That yo'' Petition'' for Some Time hath been Imployed in his Majti£2 and this Countrys
Service against the Common Enemy in which Service he hath been wounded Savei'all
Times in his Arme by divers Shott, which has rendred him uncapable of any Servile
Labour whereby to procure a lively hood for himself and poore family w^h are now in
great want of necessarys for their Subsistance
Yo'' Petition'' doth therefore humbly entreate the favour of this high and 'hon''''io Court
to consider his necessitous condition, by being pleased Speedily to order him some thing
out of y Publick Treasury, for his present Supply, as also that some future and annuall
Stipend may be Settled on him in ConsideracoS of his being rendred uncapable of pro-
cureing a Lively hood as aforesd
And yo"" Petition'' as in duty bound shall ever pray &c
The raarke R of
Richard Honnywell." — Mass.
Archives, vol. 70, p. 332.
The following certificate accompanied this petition : —
"These are to Satisfie those whome it Shall Concerne that Cap" Richard Honnywell of
York hath been wounded Sever" times In his arme by Severij Shot, wherby he Is dis-
enabled to performe any Servile Labour,
As witness our hands
John Cutler
Jno MoRuis." — Ibid., p. 333.
The order in Council* for the payment of this allowance was passed April 8, 1697, and l)y
an entry in the province treasurer's accoiintf the amount appears to have been duly paid.
Chap. 80. This chapter is from archives, vol. 101, p. 74. It is recorded in council
records, vol. VI., p. 520.
The following entry in the treasurer's accounts shows that the allowance voted in this
chapter was made by the treasurer : —
" Paid Mathew Bowmer Late Constable of Freetown w^i he the sd Bow-
mer pd unto Several persons for Billeting souldiers in his MajtJ^s'service
by an Order from Jn° Phillips Esq£. late Treasurer which order is Lost
— allowed by the General Assembly 3„13„ — ."
— Mass. Archives, vol. 122, p. 13S-
Chap. 81. This chapter is from archives, vol. 48, p. 274. It is recorded in council
records, vol. VI., p. 520.
From the following order in Council, passed July 8, 1695, it seems that Gutteridge had
* Executive Records of the Council, vol. 2, p. 455.
t Mass. Archives, vol. 122, p. 122.
558 Province Laws (Resolves etc.). — 1697. [Chap. 3.]
been previously paid for similar service upon a motion by the House which has not been
found of record : —
" July 8, 1695. Pursuant to the Act Entituled An Act for granting unto their Maj'ys a
Tax of twelve pence a Poll and one penny on the pound for Estates made and passed at
the Session of the General Assembly in May 1694. amongst other things applied to the
answering of the contingent charges of this Govern'.
Ordered That Ml Treasurer do pay unto Rob' Gutteridge thirty shillings, which sum
the House of Representatives moved might be paid unto him for carrying several War-
rants from that house into the Countrey. Wil Stoughtox." — Exec-
utive Records of the Council, vol. 2, p. 343.
This year, however, both branches concurred, in the usual form, in passing this chapter.*
The order in Councilf for the payment of this allowance is dated June 7, 1697, and the
following entry appears in the account of the province treasurer : —
"Paid Robert Gutteridge for his service as a messenger to the house of
representitives on a journey to Plymouth allowed by the General
Assembly l/,8„ — ."
— Mass. Archives, vol. 122, p 136.
Chap. 82. This chapter is from archives, vol. 48, p. 273. It is recorded in council
records, vol. VI., p. 520.
The following account filed by Emmes precedes the original draught of the vote which
constitutes this chapter and is on the same paper : —
mils
" Novmbr 21'b Somoned the Select men milton 7
The Sam day Somoned mag'' Hunt of waymoth 15
and the Sam day Somoned the Select men of marchfild .... 37
The : 23 : Somoned mr SckifF of Sandwich '63
The Sam day Somoned mr Otis of barn^tabl 75
The Sam day Somoned mr. Sterges of Yormoth 80
The Sam : day Sent j^ Somons to ye Select men of Dartmoth ; ... 70
The : 25 : Somoned mr Thomas paine 100
347
100
447."
— Mass. Archives, vol. 4S, p. 273.
The amount granted by this chapter was included in the £4 10s. paid him out of the
province treasury the next year. See resolves, 1697, chapter 23, and note.
1697.
Chap. 3. This chapter is from archives, vol. 101, p. 77. It is recorded in council
records, vol. VI., p. 530.
The following letter from Colonel Saltonstall to the province treasurer shows that the
attack on Haverhill, in which Thomas Dustun'sJ house was burned and his wife and
infant child were taken captive, occurred in March, 1696-7, and not a year later as
Hutchinson states : —
"Havy May 31. 1697
M'' Treasurer
Your acco* : will show. That on January ye 5* 1696/7 last past, you drew, & sent me
your Order charged upon M' Thomas Duston, then Constable here, for Ten pounds
fourteen shillings & eight ponce to pay to me on acco' : of money due to several men as
Soldiers under me at Haverhil for y" Kings service in 1695, by Ord'' from the Country.
I demanded y money of y<' s<i Constable : He comes now this day, & tells me, (His
acco' : Viz M^ Thomas Dustons, is not made up w'h Your self, & knowes not how to do it
without this Certificate.from me.). Because Your Order to me, w<=: was in his hands, in
his house, w':"" other papers, w" y Enimie burnt that & many more in his house in
March last, is burnt.
According therefore to Justice & Truth.
This Certifies Your self & others concerned That the said Constable M'' Thomas Duston
did honestly pay to me for s"" Vse mentioned. The Order of Ten pounds fourteen shill :
& eight pence above specified; we I then endorsed a full Receipt upon, & delivered to him
to make up his Acco'^ : with ; & is y« same which this Certificate relates unto.
Sf I am Your Servant
NathI'I' Saltonstall
To James Taylor Esq ; Treasurer :
■p M"' Thomas Duston." — Mass Archives, vol. 101, p. 7G.
Dustun's wife received from the province treasury a gratuity of twenty-five pounds, by
vote of the Legislature, in acknowledgment of her heroic conduct in effecting the escape
from the Indian captors of herself and two companions. An account of this exploit is
given in the note to chapter 10, post.
By chapter 68 of the resolves of the year 1695-6 the province treasurer was authorized
to draw upon constables, collectors, etc., in advance of their full returns to the treasury.
The order upon Dustun, mentioned in this chapter, was in part pay of the wages and
* Gutteridge was a special messenger only. See note *** on p. 10,5, a7ile.
t Executive Records of the Council, vol. 2, p. 472.
j Dustun's name is here spelled as he wrote it.
[Notes.] Province Laws {Resolves etc.). — 1697. 559
billeting of soldiers iiiidor Saltonstall on which account he was paid a total of £128 7«. Id.,
as appears by tlic following extract from tlio province treasurer's account: —
"Paid Coll. Nathanll Saltonstall for 25 souUIl" Posted for Iiis maj'i^.' service
by turnes uiidi liis inspection at Haverhill Irom the 2211; March iC'^Ve to
ye 14th Octoiji following 9l„.G„l
Paid Ditto Saltonstall for several p''sons yj billetted sd souldLf . . . 37„ .1 „ 6."
— Ibid., vol. 122, p. 70.
Chap. 4. This chapter is from council records, vol. VI., p. fjSO. It has not been
found in the archives.
Chap. 5. This chapter is from council records, vol. VI., p. 530. It is preserved in
archives, vol. 30, p. 426.
The petition upon which this chapter was founded is as follows : —
"To the Right Ilonon'e W^i' Stoughton Esq£ Lt Govr and CoTTiandi In Cheife &c: to-
gether with y^ Hon'i Council, and ye Represenletiues asembled in CJenii Court, now sitting
in Boston May ye 27"' Wt7
The pettetion of Jonathan Ting of Dunstable Humbley sheweth, '
That some tmie in yp ycare (1692) Wanalanset yp Indian sagamore (belonging to
patucket vpon Merremack) Came in to dunsta'." with some other Indians, and a flagg of
truce, and s^ sagamore was desirous to stay with ye English, ye other Indians promised
to Come againe, but did not, this being before Sf W™ phipps his Arivall, your petete-
tior Informed yp then Governm' brought s<? sagamore to yp IIon<? M.^ Danford, who
ordei-ed him to l^e kept at ye prison in Cambridge, where he remain"! for some time,
y.e sd sagamore petetioned that he might be remoued to your petetionrs hous, vpon
Sr Wilis Arival I adress') his Exclencey Concerning this Matter who ordered him to be
brought to Boston, to lie Examined & ordered him back to Dunstable to your petetion";'
hous and ordfd me to supplye him with nessessary provissions & promised it should be
payJ out of ye publick. Your petetior also p<? his Exspences Coming to Boston and bis
returnc, kept him with food and good pt of his Cloathing for almost four Years, who
then dyed, I was also at some small Charge to bury him, he hauemg shewed him selfe
friendly to ye English, in the former warr and Now, Authorety would not suffer him
now in his old age to be 111 treated, —
My prayer to this Honourlp Court is, yj Yon would pleas to ordf me out of the publick
tresuy of ye province, some meet Compensation, for my afors'J JExspence, which I dis-
buirsd pr ordf of Authorety,
so shall Your pettetionf pray &c." — Mass. Archives, vol. 30, p. 426.
This petition was read in the House on the third of June, and a vote was passed grant-
ing the twenty pounds. In this vote the Council concurred the next day.
The order in Council* for the payment of this allowance was passed June 7, 1697, and
the amount is charged to Tyng in the treasurer's accounts.f
Chap. 6. This chapter is from archives, vol. 70, p. 346. It is recorded in council
records, vol. VI., p. 530.
In both the legislative and executive records of the council as well as in the treasurer's
accountst the name of the person to whom this grant is made is Darby; but it is clearly
written Darbyshire in the original vote which passed in the House on the third of June,
and was concurred in on the fourth. The order in Council^ for the payment of this
allowance was passed December 15, 1697.
Chap. 7. This chapter is from archives, vol. 30, p. 430. It is recorded in council rec-
ords, vol. VI., p ."iSS.
The advice of the representatives to the Lieutenant-Governor and Council early in the
summer of 1698 to appeal to the neighboring colonies for assistance against the common
enemy has been given in the note to resolves, 1696-7, chapter 24; and the success of Major
Church in recruiting volunteers from outside the provmce appears in his own account
quoted in the notes to chapters 59 and 76 of the same year. In preparing for the demonstra-
tion in Mame under Major March the next spring extraordinary efforts were made to induce
Rhode Island and Connecticut to render material aid to that enterprise, as has been shown
in the chapter last cited and the note thereto. It will be remembered that a company
was impressed and sent on this service under the command of Captain William Whiting.
Upon the expiration of the term for which they enlisted (which was until the end of Sep-
tember) they returned, and were mustered out.
Connecticut had formerly contributed a company of rangers, English and Indian, for
service on the western frontier. This company was led by Peter Aspinwall, who is named
in this chapter. He had recently incurred the displeasure of the military officers of Hamp-
shire County, and the suspicion of being too well disposed towards the Indians whose pro-
fessions of fidelity were mistrusted.
This was on account of his releasing the^ two Indians convicted of being accessaries to
the murder of Richard Church in October, 1696 ;|| but his offence had been condoned by
the Governor and Council, upon his making the following apology : —
"Novemb>-23 1C96
I Pefr Aspenall haveing beene Out upon Service agst ye Indian Enemy & touching at
Hatfeild thinking there to have had some of Hatfeild Indians with me w<='' w" I first came
* Executive Records of the Council, vol. 2, p. 472.
t Mass. Archives, vol. 122, p. 136.
X Ibid., p. 120.
i( Executive Records of the Council, vol. 2, p. 511.
I See the note to resolves, 1696-7, chapter 53.
560 Province Laws {Resolves etc.). — 1697. [Chap. 7.]
there Cap' Partrigi^ Assented to yet that verry day I came there towards Night News came
there y' an English man was liilled Over at Hadley Church by Name Upon w^ii y English
there & My self wtii y^' Indians with me went Out & first came in o'' p'suite Upon 4 of y"
Hatfeild Indians that were Out One we toolv & y- other three came in that Night & were in
Examination before y« Authoritie there at w<='' My Indians were Sirprized & much concerned
w:'' made my Concerns with them y« Moredificult perceiveing o'' Indians were much con-
cerned about it & desirous to do what they Could to vindicate those Indians because of there
relation to them I bsing Over Much desirous to Sati[sfy*] them, thereupon Upon their
desire of Some of the Hatfeild Indians I tooJTk*] Out with me two of y" & their Guns Out
of Custady Contrary tii the appointment of Cap' Partriggw'' I Ought Not to have done as
the case was th[en*] Circumstanced besides Severall Expressions I had amongst them
which we [re*] justly OfFencive w<='' was by a Wrong Ilep'sentation of Matters to me & W'
I should have had better Grounds for my so speal^eing & acting & in as Much as I l)eing
better informed that such actions & Carriages a [re*] to much lleflective & abusive to
Authoritie I doe hereby disown my self in them & acknowledge it is an Offence & Earnestly
desire it may be forgiven & i)assed by by y^ Hono™'^'*' L' Gov & Counsell & all other
Gentlmn concerned & I shall Endeavor to walk more circumspectly for tyme to come &
alsoe shall willingly ingage my self in y Kings Maj'is Service to y>^ best of my Power
Petb Aspenall
23d Nov 1696. Own'} l)y Pe: Aspinwall
Before y« L* Govf & Council, ^^^
Is4 Addington Secry." — Mass
Archives, vol. 10, p. 313.
Competent soldiers were not so readily procurable as to make it worth while to bring to
strict account a dereliction which could not be shown to be certainly injurious to the
service, and particularly when, as in this instance, the result of the fault had tended to
pacify Indians who were usually our allies and Avhose friendship was jeopardized by the
action of the authorities. Accordingly, Aspinwall was not only forgiven but urged to
remain in tbe service with his company of rangers. As Connecticut raised the men and,
it would seem, supplied them with rations and ammunition, Massachusetts was glad to
receive this assistance at the cost of twenty pounds in requital of their services.
By the following extract fi-om a letter from Stoughton to Treat, three days after the
passage of this chapter, it would appear that Aspinwall's rangers had been employed as
far east as tbe Merrimac, probalily to prevent a repetition of such horrors as the attack on
Haverhill in March previous: —
"Your Indians under Peter Aspinwall returned some dayes since having met with little
success, saveing what they have recovered of Plunder out of the hands of the Enemy and
brought in two Indians which they met with in their Range upon Merrimack River who are
known to be Albany Indians y' were in those parts ahunting, and are reserved here to be
transmiited unto New Yorke, hopeing there may arise some advantage thereby to appease
the heats of the River Indians with reference unto two Indians sometime since executed at
Northhampton for murder. . . . The Governm* here have been willing to encourage your
Indians & have fi-eely bestowed twenty pounds upon them — notwithstanding they would
not be prevailed with to go out again before their return home. And it being now a
probable season of meeting with the Enemy who have lately made an attack upon Exeter
a Town in the Province of New Hampshire, & killed one man & were repulsed without
doing further mischief, & afterwards beset a Garrison in Salisbury, to whose relief a party
of English were sent, but the Issue thereof I have not yet heard — I hope you will therefore
speedily send the s4 Indians out again, with such further enforcement as you shall think
fit and that they be directed to remain abroad for some time, and not to return so soon as
at their last going forth, that they may gain an opportunity of meeting w'.i" the Enemy &
effecting something considerable against them
I am Hon'''-^ Sf
Your affectionate Friend & Serv'
Boston June 12'.h 1697. ' Wm Stoughton.
1 Govj of Connecticott." — Ibid., vol 2, p. 234.
In response to the foregoing letter the Governor and Council of Connecticut, at a meeting
held at Hartford the nineteenth of June, took action, tbe record of which is as follows : —
"... The Lieu' Govern"" [Stoughton] also sent an account of the return of the English
and Indians that went forth against the enemy under the comand of Peter Aspinwall, and
desired that they might be reinforced and sent forth again with speed.
A letter drawn to send to Lieu' Govern'' Stoughton to signifie to him the . . . determi-
nation of this Councill to reenforce the English and Indians under Peter AspinaH and to
send them forth again with as quick a dispatch as might be, was read in Councill." —
Colonial Records of Connecticut, 1689-1706, j^. 218.
The following is an extract from the letter ordered to be sent as above : —
" Hon''>« Sf
. . . Your Honour Informes of the Return of the English and Indians sent forth from
our Colonic against the Enemy and the small successe of that Expedition. We are now
sending to Captain Sam" Mason to send them forth again with all speed. And to Give them
order to Continue Longer upon the service then in their former Going out
Hon'''" S"" your most affectionate
friend And Servant
Hartford June 19':" 1697 : R. Treat." — Mass.
Archives, vol. 2, p. 235,
* Manuscript mutilated.
[Notes.] Province Laws {Resolves etc.). — 1697. 561
Chap. 8. This chapter la from council records, vol. VI., p. 534. It Is preserred In
archives, vol. 40, p. 448.
The account mentioned in the preamble, being a continuation of that settled March 30,
1697,» is as follows : —
"Boston In New England 1G96/7 @
The Country to Caleb Ray Keeper of his Majtiw Goal In Boston
since y" last acco' giuen In the 2;3"> of March 1606/7 Is D'
Cap'Villean To Keeping of Capt Villeau from y" 23ti> of march 1696/7 to y» £ ad
26tii of May 1697 Is 9 weelis at 5/ t> week . . . .25-
Conton & To ditto of Conton & Cowett from y^' 23«ii- of March to y* 26tii
Cowett of May Is 9 weelis Each at 4/ i^ week 3 12 -
Donoirs To ditto of Donoirs from dto 23th of march, to ditto 26"»- of
may Is 9 weeks at 4/ f week 1 16 -
Premond To Ditto of Jn^ Premond from y? 23th of March to y« 19'ii of
Aprill hee was Delliuered by order of y Honm^ie yo L'
Gouernor- to Dauid Bassett Is 3 weeks 6 Days at 4/4i> week - 15 6
Jn» Bleau To ditto of Jn^ Bleau from y° 23tii- of march to ye 19"> of Aprill
hee was Delliuered by order of j^ Honn''bie yc L' Gouerno"" to
Joseph Euerton Is 3 weeks 6 Davs at 4/ ¥ week . . . - 15 6
Bellier To ditto of W'" Bellier from dto 23'h of march to ye 5* of may
hee was Delliured Ity order of y Honn'b'e yo ^t Gouerno"" to
John Foster Shipmaster Is 6 weeks 1 day at 4/ P week .14 6 *
Riuiera To ditto of Riuicra from 23i*i of march to ye 26th of may Is 9
weeks at 4/ •t> week ' . . . . 1 16 -
Fuzill To ditto of Fuzill from 23"! of march to 26* may 9 weeks . 1 16 -
Champaine To Ditto of Champaine from 23th March to 26* of may Is 9
weekes 1 16 -
Carraban To ditto of Timothy Carraban Irishman from y* 23th of March
to y 26th of may Is 9 weeks 1 16 -
Loudon To ditto of Loudon from 23'.'' of march to y« 26th of may Is 9
weekes 1 16 -
Vaillant To ditto of Vaillant from 23th march to 26t.h may 9 weekes . 1 16 -
Buquerett To Ditto of Buquerett from 23th. March to 26th may 9 weekes . 1 16 -
Lefleur To Ditto of Lefieur from 23'.'' march to 26th mav 9 weeks . 1 16 -
S' Jean To ditto of s* Jean from 23'.'' march to 23th May 9 weeks . . 1 16 -
Le Violett To ditto of Le Violett from 23th march to 26'.'» may 9 weeks . 1 16 -
Lesperance To ditto of Lesperance from 23 march to 26th May 9 weeks . 1 16 -
Chantillon To ditto of Chantillon from 23 march to 26th. may 9 weeks . 1 16 -
To ditto of Bomazyn Indian 9 weeks 1 16 -
To ditto of Sheepcott John his 2 sons 9 weeks Each . . . 3 12
Boston 26th may 1697. Errors Excepted." - Ma^,. ^^ ^ ^
Archives, vol. 40, p. 448.
"With the foregoing account Ray filed the follomng petition : —
"May It please y Honnchje Court to Consider my present Condition and Circum-
stances, I haue now been neer fifteen months without my Money, haue dayly Continued
Charges ariseing for y Supply of Victuals, w^'' I cannot proiiide, Vnless I haue my
money duely paid, besides Iiiow ow a Very considerable summ of money w<^h \ Borrowed
& haue had for supply of the Prisoners with. Besides am Threatned to be arrested at
July Court for y sarae, I do humbly Request, yo'' Honno'^ will take Some Effectuall
order & Care yt my money may be satisfyed me, and for y future once In a quarter of a
year, I should haue my accot» Brought In vnto ye Honn'^ble Councill & passed and Money
paid vnto me Your hombell saruant
Caleb Rat." — Ibid.
The action of the House upon this petition was as follows : —
" In the House of Representatives June St.h 1697.
The within written Account of Caleb Ray prison keeper being read in the House and
Examined,
Voted, That the same be allowed and approved of ; and that payment be accordingly
made out of the province Treasury of the Sum of Thirty Seven pounds Eight shillings
and Six pence in full thereof
Sent up for Concurrance Penn Townsend Speaker." — Ibid., p. 449.
This vote, which the Secretary recast to the form in which it appears in this chapter
when he made up his record, was concurred in by the Council on the eleventh.
The order in Councilf for the payment of this allowance was passed July 8, 1697. The
amount paid by the province treasurer on this account was included in the £205 3«. Td.
charged in his accounts from May 22, 1697, to May 30, 1698.J
The following list of prisoners was filed with the other papers : —
" Boston In New England 26"* may 1697
List of the Prisoners now In my Custodye french & indians
Capt Villeau Riuiera Loudon S' Jean
Conton Fuzill Vaillant Le Violett
Cowett Champanie Buquerett Lesperance
Donoirs ' Carraban Lefleur Chantillon
• Resolves, 1696-7, chapter 72.
t Executive Records of the Council, vol. 2, p. 482.
X Mass. Archives, vol. 122, p. 121.
562 Province Laws (Hesolves etc.). — 1697. [Chap. 10.]
John Bleau was returned y' 26'.'> of may by m'' Le Bloom hee not Proceeding wtii- Joseph
Euerton —
All abone excepting Carraban are frenchmen but he is one of Cap' Villeau Company —
Bomazyn Indian
Sheepcott John his 2 sons.
Caleb Ray." — Ibid., p. 450.
Chap. 10. This chapter is from council records, vol. VI., p. 536. It is preserved in
archives, vol. 70, p. 350.
The petition upon which the vote which constitutes this chapter was passed is as
follows : —
" To the Right hon'>'e the Liev Governo'" and the Greate and General Assembly of the
Province of the Massachusetts Bay now convened in Boston
The Humble Petition of Thomas Dunstan of Haverell
Sheweth
That the wife of yo'' Petition' (with one Mary Neff ) hath in her Late captivity among
the Barbarous Indians, been disposed and assisted by heaven to doe an extraordinary
Action, in the just Slaughter of soe many of the Barbarians, as would by the Law of the
Province w^'> expired a few months agoe, have entitled the actors unto a Considerable
Ilecompence from the^blick.
That th6 the expiracon of that Good Law Leave us no claime to any Such consideracoH
from the publick, yett yo'" Petition"" humbly Peads* that the merrit of the Action still
remaines the Same ; and it seemes a matter of universall desire thrd the whole Province
that it should not pass unrecompensed.
And that yo"" PetitiGn"" haveing Lost his Estate in that Calamity wherein his wife was
carryed into her captivity rend'"'' him the fitter object for what consideracon the publick
Bounty shall judge proper for what hath been herein done, of some consequence, not only
unto the persons more Iihediately delivered, but also unto the Generall Interest
Wherefore humbly Requesting a favourable Regard on this Occasion
Yo"" Petitio'' Shall pray &c
Thomvs DusTUN."t — Mass.
Archives, vol. 70, p. 350.
This petition was read in the House on the eighth of June, on which day the aforesaid
vote was passed, which was concurred in by the Council on the sixteenth.
The order in Council+ for the payment of the several allowances in this chapter was
passed December 4, 1697.
The particulars of Mrs. Dustun's escape are familiar history. On the fifteenth of March,
1696-7, a body of Indians attacked Haverhill and, according "to Hutchinson, " Inirned nine
houses^ and killed in all about forty persons."!] Amon^ the prisoners were Mrs. Dustun,
who had recently given birth to a child, and Mary Neff, who was attending upon her as
nurse when the Indians attacked the town. Thomas Dustun, the husband and peti-
tioner ,11 escaped from his house with seven children, leaving behind only his wife, her
babe and the nurse. The hon^e was burned, and the captive women were forced, by the
savages, to march with them towards Canada at so short notice that Mrs. Dustun had not
time to properly dress herself. On the way, the babe was killed by being dashed against a
tree by the Indian who claimed Mrs. Dustun as his slave. On a sm;dl island in Contoo-
cook River in New Hampshire the party halted at the wigwam of the leader where they
remained until the morning of the twenty-ninth of April, when the women rose, while the
savages, twelve in numljer, were sleeping, and, rousing Leonardson, an English boy who
had been several months in captivity, they with tomahawks dispatched ten of the savages,
including the only two men of the party, and succeeded in reaching Haverhill, with ten
scalps.** By the actff of September V2\ 1694, a reward of fifty pounds was offered to all
volunteers, not under pay, " for every Indian, great or small, which they shall kill, or take
and bring In prisoner." The killing was usually proved by the production of the scalp.
By the act]:J of June 17, 1695, this reward was reduced to twenty-five pounds, for any Indian
woman, or person under fourteen years of age. This law had been kept alive by continu-
ing acts and resolves until December 16, 1696, when the order^^ of the sixteenth of June of
that year expired.
Captain Pasco Chubb of Andover, who had surrendered Fort William Henry at Pema-
quid, had been in prison for nearlj' a year under the charge of cowardice, and the House
improved the occasi(m of the disaster at Haverhill to animadvert upon the conduct of
Nathaniel Saltonstall, colonel of the North Essex regiment, as a means of introducing a
resolution in behalf of Chubb, as follows : —
* Sic.
t The name was written Buetun, but an n was inserted In the first syllable by Interlining, in
another hand.
X Executive Records of the Council, vol. 2, p. 507.
§ In the resolve of the Ilouse the number is put at six.
II See Chase's Haverhill.
IT See chapter 3 aud note, ante.
** " Fourth-day, May 12., . . . Hanah Dustan came to see us; . . . She saith her Master, whonj
she kill' J, did formerly live with Mr. Roulandson at Lancaster: He told her, that when he pray'd
the English way, he thought that was good : but now he found the French way was better. The
single man shewed the night before, to Sami Lenarson, how he used to knocls Englishmen on the
head and take off their Scalps; little thinking that the Captives would make some of their first
experiment upon himself. Sam. Leiiarson kill'd him." — Seioall'a Diary, vol. I., pp. 462, 453.
tf Province Laws, 1694-5, chapter 10.
It Ibid., 1695-6, chapter 3.
5§ Resolves, 1696-7, chapter 24, and note.
[Notes.] Province Laws {Resolves etc.). —1097. 563
"Whereas it is reported y' Coll Saltlnf,'stall hath bin uery negligent of his Duty as
Coll: & that y« late Damage at Hauercll wherein al)ont 40: of his inaj'ics sul>iects were
Killed & Oaptiuated by the Heathen enemio besides six houses Burnt ik. much spoile, and
yt tlie said Coll : Did not (as ho ought) : when ho had notice of yo enemies approach take
Care to Draw them into Garrisson ; nor incouraj^o the persute of them when persons
offered ; that his Ilon^e will be pleased to make inquiery into said Affair, and see that
thoro may bo Due annimadeuersions ; wch may bo a proper moanes to preuent y" like
miscarryages —
That Cap.' Chub, who hath Long Laid in prisson may be Brought to his Tryall ; tho
negglect whereof is a greiuanco
"March 22ii Head a first & Second time In y House of Reprensent.
Voted Penn Townsend Speaker." — iJiVf.,/). .956.
Chap. 11. This chapter is from council records, vol. VI., p. .537. It is preserved in
archives, vol. 70, p 351.
Tho following is the petition upon which this chapter is based : —
"To the Right Hon'''" William Stoughton Esq'' LieV Governo'' and commander in cheifo
of his Maj*i£? Province of tho massachusetts Bay in New England with the Ilou't^ Council
& Representatives thereof now convened in Gen'" Court held att Boston
Tho Petition of John Pugsley of Harwich in tho County of Barnestable —
Humbly Sheweth
That Yo"' Petition"' was a Souldier for tho space of Two yeares in the former Indian Warr
and in tho cold Long and bitter March up to and From Narrogansett &c ho mett with an
unhappy ffall from off an horse by w*^^'' he broke one of his Lower ribbs & much hurt his
back, w"> w^'" afterward ho endured an unspeakeable deale of misery, and ever since to
this day tho same hath rendred him uncapable of any Laborious Imployment And being
now growne old & well stricken in yeares & not capable to make such provision for his
subsistanco as otherwise he might have done had not y° sd accident hapned to him :
Yo'' Petitio'' doth therefore humbly Entreate the favour of this high and hon'^''^ Court
to take his poore and necessitous condition into Consideracon, by being pleased either to
grant him such annuall Stipend, or other bounty full consideracon for his releife & supply,
as to yo"" hon''s Wisdoms shall Seeme meet
And Yc Petition'' as in duty bound shall pray &c." — Mass.
Archives, vol. 70, p. 351.
This petition was read in the House on tho fifteenth of June and on the next day the
vote which constitutes this chapter was passed and concurred in by tho Council.
Chap. 12. This chapter is from council records, vol. VI., p. 537. It is preserved in
archives, vol. 70, p. 352.
This chapter was passed upon the following petition : —
"To the Rt Hon'bie William Stoughton Esq"^ Lt Gov' & Comd'' in Cheife, Council and
Representatives now setting in Boston. June 1697 @
The Humble Petition of Samuel Wheelwright
Humbly Sheweth
That your Petitioner hath of late been seueral tymes Imployod in the Public service of
this Province, besides formerly much more, for which ho hath not Rec"? any sattisfaction
or Recompence, viz* at least a weekes time expended in Giveing the appoynted oaths to
the Inhabitants of the seuer.il Towns within the County of Yorke, with men & horses
attending that service, there dyett, expences & ferridge — .
I also spent about a weekes time to settle the seueral Garrisons in the s"? County this
spring by Order of the L* Govf myself e a man, two horses & expences.
And in tho yeare 1691. after Cpp? Willis came away & left his soldjers under the Com<i
of his L.' Andross I was Improved as a Coiuissary for the distributeing & delivering of
provitions & cloathing to the soldjers for the space of two months, and Considering the
Continual troble. Great difficulty, with y« Hazard of life, & Considerable Charge I a"m at
not only to Garrison ourselves but to lodge all the soldjers belonging to my Garrison
Your Petitioner Humbly Prays Yoj Hon'' and tho Councils consideration of the Prem-
ises and that you please to make your Petitioner such allowance as in your wisdomes
shall seem meete and yoj Petitionj shall ever Pray." — Mass.
Archives, vol. 10, p. 352.
This petition was read a first time in tho House and tho vote thereon passed on the
fifteenth of June, and the next day tho Council concurred therein.
The order in Council* for the payment of this allowance was passed July 12, 1697, and
the treasurer's account shows that Wheelwright was paid this amount.f
Chap. 13. This chapter is from council records, vol. VI., p. 537. It is preserved in
archives, vol. 48, p. 276.
"■ Executive Records of the Council, vol. 2, p. 484.
t Mass. Archives, vol. 12'2, p. 137.
564- Province Laws {Resolves etc.). — 1697. [Chaps. 14-19.]
The following is the account presented by Monck upon which this vote was passed : —
"Anno 1686 —
The "Wor'i the Deputy. Gouernour Thomas Dantforth Esqr ; And The Magestrates. of
y« Massathiisetts Collony Setting att the Court of Election in Boston on H* May 1686./.
May 14 To Magestrates & Strangers
To attendants
To wyne
18 To magestrates & minist"
To attendants
To wyne ale & Cak
19 To magestrates
To attendants
To wyne
£ 6 ., 1 ,, 6.
Georo Monck." — Mass.
Archives, vol. 48, p. 276.
The order in Council* for the payment of this allowance was passed September 2, 1697,
and the amount is charged to Monck in the province treasurer's account. f
Monck kept the " Blue Anchor Tavern " which stood on the eastern side of Washington
Street nearly midway between State Street and Water Street. Of this hostelry and its pro-
prietor, John Dunton thus writes : —
" Another of 'em was George Monk, a Person so REMARKABLE, that had I not been
acquainted with him, it wou'd be a hard Matter to make any New England Man believe
that I had been in Boston ; there was no House in Boston, more noted than George Monks,
or where a Man might meet with better Entertainment; he was so much the Life and
Spirit of the Guests that came to his House, that it was almost impossible not to be chear-
ful in his Company." — Life and Errors, p. 129.
In the appendix (A) to the admirably prepared edition, by the Prince Society, of the
"Letters from New England" by the same quaint author maybe found an exhaustive
discussion of the location of this famous inn.
Chap. 14. This chapter is from council records, vol. VI., p. 537. It has not been
found in the archives.
Chap. 16. This chapter is from council records, vol. VI., p. 538. It is preserved in
archives, vol. 101, p. 75.
The following is Byfield's account of expenses on this commission : —
"An Account of my Expence at Rhoad Island; and in my Journy from thence to
Hartford, & to Boston, in Company with Coll. Elisha Hutchinson in the service of the
Province; viz'
Had
To the Carriage of my things to Newport 00 . 03 : 00
To my expence, and my mans; & two horses at newport fiue dayes
which time I waited on the Generall Court there 01 : 10. 06
To two horses for myselfe & man for the Journey 03 . 10. 00
To my man for His time 01 : 05. 00
Boston May 21ti' 1697 £ 06 : 08 : 06
Nathal Byfield." — Mass.
Archives, vol. 101, p. 15.
A vote allowing this account was subjoined thereto in the House on the fifteenth of June
and conctirrred in by the Council on the seventeenth. It was remodeled to the form in
which it appears in this chapter by the Secretary.
The order in Councilt for the payment of this allowance (including other allowances)
was passed July 22, 1697.
The payment is duly charged in the province treasurer's accounts.^
Chap. 17. This chapter is from archives, vol. 113, p. 150. It is recorded in council
records, vol. VI., p. 538.
See Province Laws, 1696, chapter 3, § 6.
Chap. 18. This chapter is from archives, vol. 48, p. 278. It is recorded in council
records, vol. VI., p. 539.
The order in Council|| for the payment of this allowance was passed July 12, 1697.
The amount is duly charged in the province treasurer's account!! as paid to Stoughton.
Chap. 19. This chapter is from archives, vol. 58, p. 171. It is recorded in council
records, vol. VI., p. 540.
The order in Council** for the payment of this allowance was passed July 12, 1697.
The amount is duly charged in the province treasurer's accountft- as paid to Mather.
* Executive Records of the Council, vol. 2, p. 494.
t Mass. Archives, vol. 122, p. 121.
\ Executive Records of the Couucil, vol. 2, p. 486, and see note to chapter 24, po«f.
§ Mass. Archives, vol. 122, p. 122.
II Executive Records of the Council, vol. 2, p. 483.
If Mass. Archives, vol. 122, p. 119.
•* Executive Records of the Council, vol. 2, p. 484.
ft Mass. Archives, vol. 122, p. 138.
[Notes.] Province Laws {Resolves etc.). — 1697. 565
Chap. 20. This chapter is from council records, vol. VI., p. 540. It has not been
found in the archives.
The order in Council* for the payment of this allowance was passed July 22, 1097, and
the amount was duly charged as paid to the porbous named in this chapter by the province
treasurer in his account.f
Chap. 21. This chapter is from archives, vol. 101, p. 86. It is recorded in council
records, vol. VI., p. 041.
The order in Council^ for the payment of this allowance was passed July 12, 1697, and
the amount was duly charged to himself by the province treasurer in his account. §
Chap. 22. This chapter is from archives, vol. 48, p. 277. It is recorded in council
records, vol. VI., p. 541.
The order in Council|| for the payment of this allowance was passed July 8, 1697, and
payment of the amount is duly charged to Davenport in the province treasurer's account.^
Chap. 23. This chapter is from archives, vol. 101, p. 65. It is recorded in council
records, vol. VI., p. 541.
Emmes's account of travel, attendance and serving warrants is as follows : —
" Nov';' 1696 The Mesengers Bill of fiFees — u , a
To Millton Selectt Men 7 Mills 00 ,/ 1
tto "Waymouth Magor Huntt 15 Milles 00 ,, 3
tto Marshffeilld Select Men 37 Milles 00 „ 9
tto Dartmouth Selectt Men 80 Miles 01 ,, 0
To Sandwich Just=»ChiflF 60 Miles 00,^15
tto Barnstable M-- Oeatts 74 Milles 00 ,^ 18
tto Yarmouth M-- Storges 80 Miles 01 ,. 0
tto Estham M' Payn 100 Milles 01 „ 5
tto 7 Daves In the Housses Servis my Horss and my self att 3» P day . 01 ^, 1
tto serving of 8 Warantts att 3» ■P' Warantt 01 ,, 4
07„18,,
Henry Emmes Messeng'/." — Mass.
Archives, vol. 101, p. 65.
The last allowance** to him partly covered these charges leaving a balance due to him on
the whole account of £4 10s. This amount the House voted to him on the sixteenth of
June and on the eighteenth the Council concurred.
The order in Councilft for the payment of this balance was passed July 1, 1697, and the
province treasurer's accounts show that it was duly charged to Emmes as paid.1l
Chap. 24. This chapter is from archives, vol. 101, p. 85. It is preserved in council
records, vol. VI., p. 541.
The order in Council|t for the payment of this allowance was passed July 22, 1697, and
the payment thereof was duly charged in the province treasui-er's accounts. §s5 In this
charge the previous grant to Byfield (chapter 16, ante) of £6 8s. M. was included.
Chap. 25. This chapter is from archives, vol. 101, p. 88. It is recorded in conr.cil
records, vol. VI., p. 542. See resolves, 1695-6, chapter 68 and note.
Chap. 26. This chapter is from archives, vol. 3, p. 59. It is recorded in council
records, vol. VI., p. 542.
The Council passed the following order making provision for the reception and lodging
of the Governor and his retinue, but Bellomont did not arrive as expected (see note on
p. 211, ante) : —
" June 25, 1697. Pursuant to a vote of the General Assembly, recommending it unto this
Board to make suitable Provision for the reception of the Right HonJ^e Earle Bellomont,
appointed his Majtyl^ Governour of this Province &ca and expected shortly to arrive here.
Ordered : That "Wait Winthrop, Elisha Cooke, Samuel Shrimpton and Peter Sergeant
Esq^i be and are appointed to take up the best most convenient & suitable Lodgeings
which they possibly can procure for a present entertainm^ of his Lord? with his Retinue
upon his arrival, until other accommodations may be provided for" settlement to his
LordP's satisfaction ; and to lay in stores of Wine, Beer and other refreshments and Pro-
visions as may be suitable.
And to present an accompt of the charge thereof, that order may be drawn upon the
Treasury for payment. W" Stoughton." — £xec-
uttve Records of the Council, vol. 2, p. 418.
Chap. 28. This chapter is from council records, vol. VI., p. 547, and archives, voL
11, p. 125.
The following is the petition referred to in the preamble to this chapter: —
* Executive Records of the Council, vol. 2, p. 485.
t Mass. Archives, vol. 122, p. 120.
j Executive Records of the Council, vol. 2, p. 484.
§ Mass. Archives, vol. 122, p. 119.
II Executive Records of the Council, vol. 2, p. 481.
V Mass. Archives, vol. 122, p. 136.
** See resolves, 1696-7, chapter 82.
!t Executive Records of the Council, vol. 2, p. 479.
i Ibid., p. 486.
§j Mass. Archives, vol. 122, p. 122.
666 Province Laws {Resolves etc.). — 1697. [Ciiai'. 28.]
" To the Right hon'bie the Lieut' Govemour, with his honourable Council and y^ Rep-
resentatives —
Convened in General Assembly for his inajt'es Province of the Massachuseta Bay in
New-England
we The Subscribers, (in behalf of the Parish of Barwick)
Humbly Shew
I.- Whatsoever Building, Shipping, or Fishing the town of Kittery is Concerned in,
doth not pertain, any of it, to Barwick, neither are any persons thereof Interested therein.
2; The gi-eater part of y" s<i parish is wholly wasted ))y the enemy
3; Our principal dependence hath been on Mills, which brought the most of our
incomes to us : w"^ are all burnt or by the war made Useless.
i: The whole Parish (remaining) is much exposed to the danger of the war; & as
much a frontier place as any town in the prov<;e every one being Closely Confined to
Garrison, and Cannot attend their Ordinary Occasions, w"'out extreme danger.
5. Our Inhabitants are generally Exceeding poor, & not w"»o' great Scarcity & Suffer-
ing able to live.
B; The Enemy have very Lately destroyed Seveveral men, made some widows, &
wounded others, whereby much of their Little estate will be expended if not all wasted.
7. Our Crops of Corn (w° at best are very small because of y" want of safe Land) have
Extremely faild; the last year not a tenth part (scarce) of grain being raised w^^ y«
people needed for their years Provision, Insomuch, that, several families might have
perished w"> hunger, had not y Charitie of o'' Connecticut-Neighbours prevented
8. We ai'e very much oppressed by y« maintainance of poor y' are Continually
admitted at Kittery
a,- We have been forced (by y^ Continuance of y War) to expend not a Little in
Repairing all o' Garrisons.
10. Although we have been by degrees almost utterly Consumed by this tedious war
yet, Rates have fallen very frequent & heavy upon us.
We humbly petion, y' yo^ Hono^^ would Consider of these things & Believe, that
unless o"" Intreaties find audience, we must of nesessity, before long. Quit all y Little we
have Left, & flee before the enemy ;
And to prevent Such a Ruine to o'' selves, & dammage to His Majtie& yo'' Hono^ we
beg —
1. That, whereas by o'' numerous Calamities we are rendred uncapable to maintain the
Publiq; worship of God among us (although to oi" utmost ability we endeavour it) .without
your help, Your honours would, while o^ sufferings are so Deep, please to grant us the
sum of twenty pounds a year, for that end, by the addition of w^^ & no Less, to what we
may raise among o'selves, we hope to accomplish it.
2; And, that we may receive for the Year Past, to ye same end, the sum of ten
Pounds, which we have already petitioned the Honb'e Liev.' Govf & Council for, as pre-
suming it was granted in y year i^S'^ witho' which it will be hard to pay o'' Last years
arrears to j® ministry.
3. And Lastly we would Request yt we in y<' aboves'^ Parish may be Considered in
regard to the present & future Rates, for we are wholy unable to pay them, & stand in
need of relief (o^selves) in almost all respects.
If o' Condition thus faithfully Represented (tho' not fully) meet not with yo" Hono"
favo', we are (unless God unexpectedly & speedily Change his disp^nsaMons of Judgm?
into mercy) Quite undone : but if Yo^ hearing affects you wti» a Compassionate resentm'
of or woes, we are then, more than others. Obliged to acquitt o^ selves
Yor Honour's
Very Obedient Serv's
Barwick Sep.' 4. 1697- Thomas Abbott
Beniamin nason
Daniel Goodin
James Emeet
Thomas Gooding
James Warrex
Archives, vol. 11, p. 125.
The parish, by a vote, of tho record of which the following is a copy, chose James Emery
to present and prosecute the above petition : —
"At a meting held at Barwick by y" parish of Barwick Sept™ y" 3: James Einery
was Chosen to go to Boston to Represent y° Condition of our parish I)ef jro yo Goucner &
General ascmbly : with y^ greuences of our sd parrish presented & to Rcceue what healp
shall be Granted by y« same as att tests Nicolas Gowex Clar." — Ibid.
The petition was " read a first and second time," in the House, on the tenth of Septem-
ber, and thereupon the vote which constitutes this chapter was passed in concurrence.
An order in Council* for paying the ten pounds allowed for " the year last past " was
passed on the fifteenth of September; and the province treasurer's accounts! show that
both that allowance and twenty pounds for the next year were duly paid.
The need of some extraordinary provision for the maintenance of a settled ministry in
Ihe frontier towns had already engaged the serious attention of tho Council, as is shown
by the following order : —
"Jan. 21, 1696-7. Whereas the propagation and enlargement of the glorious Gospell
and Kingdom of Our oncly Lord and Saviour Jesus Christ is the professed and principal
end of the first settlement of this his maj'y's Territory. And forasmuch as several remote
and Infant Plantations have not hitherto entertained and setled the Ministry amongst
them.
* Executive Records of the Council, vol. 2, p. 499.
t Mass. Archives, vol. 122, pp. 135 and 142.
Select men and
Others Chosen
for this End
by the Parish
of Barwk." — Mass.
[Notes.] Province Laws {Resolves etc.). — 1697. 567
Ordered : That it be recommended unto the Ministers of the several Towns not Frontier
to tlio Enemy to aslco tlie Contribution of all pious and well disposed persons wittiin their
respective Congregations, to bo imployod for the settlement of the Ministry in such places
as aforesaid, that Souls may not perish for lack of vision ; the stun and sums so con-
tributed to be transmitted and put into the hands of Edward Bromfeild of Boston Esqi-^,
to bo prudently disposed and imployed to the uses aforesaid and no other by and with
the approbation & direction from time to time of the Ministers at their usual meetings
after the weelily Lecture in Boston. W^m Stouoiitox." Exec-
titive Records of the Council, vol. 2, p. 442.
Chap. 30. This chapter is from archives, vol. 101, p. 91. It is recorded in council
records, vol. VI., p. 519.
For an account of the committee on debentures, see note to chapter 71 of the resolves
of the year 1G96-7.
The preamble to this chapter gives the reason for its being passed ; and in the note to
chapter 76 of the resolves of the year 1696-7, will be found some account of the extraor-
dinary preparations for war, the expenses of which had so greatly reduced the money in
the province treasury as to render necessary the passing of this vote, or the adoption of
some equivalent measure.
Chap. 31. This chapter is from council records, vol. VI., p. 551, and archives, vol.
59, p. 225.
The act* of 1696, "for the due assize of bread," although signed by the Lieutenant-
Governor on the third of December was not published until the nineteenth. Through
" their ignorance of the law," several of the loaf-bread bakers of Boston had been guilty
of combining to sell " white biscuit " by weight, contrary to the new law. Thereupon they
were summoned to appear before the General Court, on the sixteenth, for causing the town
crier to publish their illegal agreement. The following is the record of the doings of the
Court in this case : —
"Dec. 16, 1696. Several of the Loafe Bread Balcers in Boston namely Joseph Brisco,
Alexander Pullman, Nathaniel Baker, William Briggs, John Buckannon, and Humphry
Richards were convented before the Court for Causing the Town Cryer to Publish. That
they had agreed together to Sell white Bisliett at four Pence ■P pound Contrary to a Late
Act providing y' Such Bisliett should be of the Same Assize of Bread, and Sold by Tale
The Bakers pleaded their ignorance of the Law, humbly Acknowledging their Error, And
prayed the Courts pardon, professing they did it not in any Contempt, And were Admon-
ished, and Dismissed." — Council Records, vol. VI., p. 502.
At the third session of the General Court this year the following petition by certain of
these bakers was presented, and was first read in the Council on the fifteenth of October : —
" To the honourable the Leivt Governor and Councill And Representatives in the Gene-
rail Court assembled./
The humble Peticon of the Loafe-bread Bakers Inhabiteing in and abo* Boston./
Sheweth
That your Peticoners in and by one Act Intituled an Act for the due Assize of Bread
are obliged to make all Bisquet sold by Tale of an Equall weight with the penny loafe
which is utterly impossible for them to doe unlesse your peticoiiers sustaine an apparent
losse by soe doeing for except your peticoners doe allow very considerably more in
weight to the Bisquet then the Act injoynes them to allow to the penny loafe the Bisquett
can never be of the same Assize with the penny loafe it wasting soe extraordinary much
in the Bakeing.
That formerly it was accustomary to allow and your Pet" have been allowed six pence
advance in every bushell of Corne to enable them to sustaine the Losses they are subject
to by haveing their Comodities lye upon their hands and to incourage them to carry on
their Trade the same being absolutely necessary as well here as else where which hath
not lately been granted but taken off to yo^ peticoners great dainage for which reasons./
Yo' Peticoners doe humbly pray jo' bono" to take into your serious consideracon the
hardship layd on yo^ peticoners by the before recited Act and the advance upon the Corne
being taken olT And that yotu- honours would be pleased to admitt jo^ peticoners to be
heard by their Councell before yo"" honors concerneing the pi-misses" Or by some Act to
grant them releife therein./
And yo'' Peticoners shall ever pray &c." — Mass.
Archives, vol. 59, p. 225.
Thereupon, a committee was appointed by the vote which constitutes this chapter. No
report by this committee has been found, and no change in the law respecting the assize
of bread seems to have been made until July, 1720. f
Chap. 32. This chapter is from archives, vol. 11, p. 125. It is recorded in council
records, vol. VI., p. 551.
The proclamation issued upon this vote constitutes the next chapter.
Chap. 33. This chapter is from archives, vol. 11, p. 125. The failure of the great
expedition fitted out by the French for the destruction of the English colonies in America,
which has been referred to in notes to former chapters, was the chief cause for the thanks-
giving appointed by this chapter.
Chap. 34. This chapter is from council records, vol. VI., p. 553, and archives, vol.
62, p. 215.
* Province Laws, 1696, chapter 9.
t Ibid., 1720-21, chapter 2.
568 Province Laws (Resolves etc.). — 1697. [Chap. 35.]
The petition mentioned in the preamble to this chapter is as follows : —
" To the R' honbie William Stoughton Lt Gov & comandr in Cbeife of his majtli? Prov-
ince of the Massachusetts Bay with the Honrd Council & representatives now sitting in
Genr'i Court att Boston
The Petition of Robert Howard of Boston merch' in behalf of him self and other the
ownors and flfreightors of the Late ship named the Providence michael Gill masf
Humbly Sheweth
The sd ship being anew vessell and haveing only made one voyage from Boston to Bar-
bados, and comeing thence for new England, on the 28tii of SeptembE. last past by an
Accident the sd "Vessell suffred ship wreck upon Hardings Rocks (soe called) nigh unto
Nantaskett whereby the s^ vessell was soone beaten To peices, and much of her Cargo
Lost, Soe that there was butt a Small quantity of Rumm Saved by being driven on shoare
which through the badness of the Caske had much Salt water mixed therewith, and
besides were att considerable charge for Salvage thereof. Now Forasmuch as they have
been very considerable Loosers by the aforesd accident
Yo'' Petition'^ in behalf as aforesd humbly prayes that this high and hon^bie Court will
take the premisses into consideracon Soe as that the Impost of the said Rumm Soe saved
as aforesJ may be remitted unto the P'sons concerned therein
Boston Octob' 13<i» 1697 Soe shall he pray &c
" Robert Howord." — Mass.
Archives, vol. 62, p. 215.
The following is the account referred to in the vote : —
" Acco't of what Rum Cask has bin Taken up from yf wreck Lately Cast away on Har-
dens Rocks, Some near full & Some half out mixt with'Salt water
khd* Tierces Barrel
i 1
W -1
1 -
T t
IF ^
^ 1
hlJ
y I
m^
cB 1
Bi^
28hhd'
11 : Tier,
hhds Tier.s
14 — 3 of ye Owni's which are all of ye 35 hh-J" Much of
which is near half, out & mixt with Salt watter
Robert Howord.
"fO 'tt^ t^^ owners max^."—Ibid.,p. 214.
The above petition was read, first, in the House on the fourteenth of October. No
record of the proceedings between that date and the nineteenth, when the vote was passed
in concurrence, has been found.
Chap. 35. This chapter is from archives, vol. 101, p. 92. It is recorded in council
records, vol. VI., p. 553.
By the act* of June 18, 1697, for granting duties of impost, excise, and tonnage of ship-
ping, three commissioners were to be appointed by the General Court as commissioners of
excise,t with power to farm out the whole or any part thereof. J On the nineteenth, the
three persons named in the pi-eamble to this chapter were thus appointed. J On the ninth
of September the House passed the following order, which was sent up to the Council for
concurrence : —
" Septemb.f 9':'> 1697. In the House of Representatives.
Ordered That Maji; John Walley Capt. Nathaniel Byfield, and Majr James Converse
Commissioners for ffarming out the Excise of this provmce for the Year ensuing, shall be
allowed and paid out of the publick Treasury the Sum of Twenty pounds for their Service
and expences abj the same, the s^ Sum to be equally divided among sd Comissioners." —
Mass. Archives, vol. 101, p. 90.
On the tenth of September, which was the last day of the second session, the Council
voted a nonconcurrence, and no further action upon this subject appears of record until
the eighteenth of October, when the House passed the vote which constitutes this chapter,
and on the next day it was concurred in by the Council.
* Province Laws, 1697, chapter 3.
t Ibid., § 16.
i Ibid., § 13.
S Conncil Records, vol. VI., p. 542.
[Notes.] Province Laws {Resolves etc.). — 1697. 569
In making up hi8 record, the Secretary altered the vote so as to make it appear that the
allowance to the commissioners was " for their Service, and Disbursements in farming
of the said Excise."*
The order in Councilf for the payment of this allowance was passed November 10, 1697,
and the treasurer's accountst show that the amount was paid for " service & disburst-
ments," as recorded by the Secretary.
The commissioners, havin;^ by law their election either to collect the excise at the rate
specKied in the act, or to commute with any retailer for a gross sum, or to farm out the
whole or any part thereof, chose the last alternative and farmed the whole to Elisha
Hutchinson and Penn Townsend,^ two members of the Legislature^ — the former a coun-
cillor, and the latter a deputy from the town of Boston.
Chap. 36. This chapter is from council records, vol. VI., p. 553. It is preserved in
archives, vol. 70, p. 3G2.
The following is the petition upon which this chapter was founded : —
" To the Greate and Generall Court of the Massachusetts Bay in Now England now con-
veened att Boston
The Petition of John Wing of Boston —
Humbly Sheweth
That Yo"" Petition'' V oxd' of S^ William Phipps Served this Province att Pemaquidd for
a considerable Time in building the Late Fort there, for vr"^ the said S' W"> Phipps in the
name of the Province promised to give yo^ Petition)" One hundred Pounds, none of w^h to
this day your Petitionr hath reed altho he hath divers Times petitioned This hon''i« Court
for the same. Besides w^'' there is due to yo"" Petition^ for his service, and wages pd to
sould" and dieting y»> in Sf Edmond Androsses Time, One hundred and Tenn pounds as
may appeare by y^ account thereof made up iiy a comittee of this present Governm', as
also Twelve pounds more due to him for billitting of souldiers w^^ came to Boston from
ys Port Royall Expedition, || und^ y Comandof Cap" Thomas Barnard all which amounts
unto the Summe of Two hundred Twenty Two pounds.
Now Forasmuch as yor Petitionr for a Considerable Time hath been out of Imployment,
he is thereby in much want of said Moneys for the Sustentation and Support of his family
Yor Petitionr doth therefore humbly pray that this high & hou'''« Court will Take the
premisses into consideracSn, Soe as that some speedy payment of sd moneys may be made ^
to him./
And yof Petition' as in duty bound shall ever pray &c
John Wing." — Mass.
Archives, vol. 70, p. 362.
This petition was read in the House on the fifteenth of October, when the following vote
was passed thereon : —
" In Answer to this petition
Voted, That the hundred & Tenn pounds wch he claims to be due in Sj" Edmund
Andross's, time, it is deferred to be accounted with other charges that were contracted in
yt day ; and that for a Gratuity (or his Extraordinary Service done at Pemaquid ffort,
besides his Ordinary wages he is allowed Twenty pound to be paid out of the publick
Treasury, if nothing hath been befoi-e allowed in that respect; and if anything be yet due
to him for billetting of Souldiers under the Command of Cap.' Barnard, he is referred to
the Committee for granting Debentures." — Ibid.
In this form, the vote was sent up to the Council and concurred in ; but the Secretary
recast it in the form in which it appears in this chapter. It will be noticed that as origi-
nally drawn the vote was responsive to each prayer of the petitioner. The compensation
which he asked for on account of military services and expenses for the province was
for the commissioners for war, or the committee on debentures for the war, to ascertain
and meet by the issue of a debenture or debentures — the only proper voucher to the
treasurer for this class of expenditures. The debts incurred by the government during
the administration of Andros were under consideration by another committee, and in
due time would be acted upon ; so that the grant to him in this chapter of a sum so much
less than he claimed did not necessarily imply a refusal of any part of his demand.
* Council Records, vol. VI., p. 553.
t Executive Records of the Council, vol. 2, p. 505.
j Mass. Archives, vol. 122, p. 122.
§ Ibid., p. 123.
II Sir William Phips surprised and captured Port Royal on the twenty-first of May, 1690, and
his forces returned to Boston on the thirtieth. In regard to the date of this capture, historians
differ; but it seems to be settled in Documents Relating to the Colonial History of the State of
New York, vol. IX., p. 921.
570
Province Laws {Resolves etc.). — 1697. [Chap. 38.]
The following is the account of billeting Captain Barnard's men by Wing, who kept a
famous tavern in Boston : —
" 1690 Captain Thomas Bamet
to quart [erjs for his Compey
Dr
May 30
fi*3l soUgers ....
. 01:11:00
May 31
flF 31 sollgers ....
. 01:11:00
Jun 1 ;
tr 26 sollgers ....
. 01:06:00
2
ff:30: sollgers ....
. 01:10:00
3
ff 30 sollgers ....
. 01:10:00
4
flF 34 sollgers ....
. 01:14:00
5:
flF 31 sollgers ....
. 01:11:00
Jun: 6: 7: 8: 9
ff 6 sollgers Each day .
. 01:04:00
Jun 10:11:12:13:
flF 6 sollgers Each day .
. 01:04:00
Jun 14 : 15 : 16 : 17 :
flF 6 sollgers Each day .
. 01:04:00
Jun 18:19:20:21
flF 6 sollgers Each day :
. 01:04:00
Jun : 22 : 23 : 24 : 25 :
flF 6 sollgers Each day .
. 01:04:00
Jun 26:27:
flF 5 sollgers Each day .
. 00:10:00
Jun 28:29:30:
flF 6 sollgers Each day .
. 00:18:00
July 1: 2: 3: 4:
flF 6 soigs Each day .
. 01:04:00
July 5: 6: 7: 8:
9 : flF 6 sollgers Each day .
. 01:10:00
July 10 : 11 : 12
flF 6 sollgers Each day .
. 00:18:00
July 13:14:15:
ff 6 solgers Each day .
. 00:18:00
July 16 : 17 : 18 : 19 :
flF 6 sollgers Each day .
. 01:04:00
July 20: 21: 22: 23
flF 4 sollgers Each day .
. 00:16:00
July 24: 25: 26: 27:
flF 4 sollgers Each day .
. 00:16:00
July 28 : 29
flF 4 sollgers Each day .
. 00:08:00
25 : 15 : 00
som Dr : 25 15 00
I Receaued then from Cap Thomas Barnet in part
. 13 : 15 : 00
deu to ballenc 12 : 00 : 00
John Wing."
— Ibid., p. 363.
The order in Councilf for the payment of this allowance was passed December 31, 1697 ;
and the province treasurer charged the amount as a gratuity paid to Wing.J
Chap. 38. This chapter is from council records, vol. "VI., p. 555. It is preserved in
archives, vol. 70, p. 309.
The following is the petition upon which this chapter was founded : —
" To the Truly Honb'e The Leivt Governour William Stoughton Esqr, & his hon'''»
council, w"> ye Honble Representatives, of y Create & General Court of His Ma''*"
Province of v>= Massachusets Bay in New England, Conveened at Boston, there to assem-
ble, NovembV" yf IS^i 1J»6.
The Humble Rep'sentation & address of John Pynchon of Springfeild yo'' Honors
Faithful servant, who in yo^ Honors Imploy as Commander of y« Regim' of Militia in
Hampshire, Hath according to his ability vnwearyedly served, y^ conntrey Foure yeares
& Halfe, ever since y« arrival of Sr W"> Phips : Iii w*^'' service he hath laid out himselfe
more then a litle for y Publike :
This end of y Province Having in this time of War bene Infested vv"> y enymys
several attempts vpon o^ Townes, w''' hath occasioned yo"" Petitioner, to spend a greate
part of his time every yeare, in attending ye Duty of his Place & Command, Besides
much expence otherwise" therein : For all w^ He never had any ye least consideration or
allowance for y" same, Having hithertoe silently gon through al ye expence both of his
time & estate, w"'out laying ye same before yo"" Honors Til now y' he finds it more heavy
through ye many & often Incursions of ye enymy of late. Thereby Putting him vpon
more & further service, by continual orders Impresses & sending out men. Besides ye
Inspecting of ye Garrisons at Dearefeild & Brookefeild, The care & ordering of al, Having
wholy layne vpon yo"" Petitioner whose ready attending his duty therein vpon al occasions
especially in times of greatest exigency for ye Publike advantage, He shal leave to others
to speake, It being knowne to ye Reprsentatives of o^ Townes, wherefore he forebeares to
Inlarge thereon, & only craves yor due consideration of Him, who hath bene Intent in
doeing service for ye Publike w"> al chearefulness : —
That Devine Interogation, who goes a Warfare at any time on his owne charges, as a
Possitive assertion & Infallible Maxime, assures him y Hopes, That He shal be Pertaker
of his Hope: And Imboldens yo"" Petitioner, From the Premises, To aske yo"' Honors
meete Grattification & ordering him such a due allowance as yo"" Hon^ie selves, This
General Assembly shal Judge a meete Compensation for his Past & already chearful ser-
vice hethertoe in this time of War, w^'' wil be an obligation vpon him to Psist in whatever
further service he is capable off —
Praying That ye Alwise God may sit among yo" & direct yo" in al y' is before yo" to
such conclusions & devine sentences as may make for his Glory, his Peoples Weale & yo'
owne everlasting comfort, I humbly subscribe
Yor most willing Suppliant
& devotedly faithful Servant
Springfeild Nov- 12* 1696
Archives, vol. 70, p. 309.
John Pynchon." — Mi5t»s.
* Sic: for.
t Executive Records of the Council, vol. 2, p. 516.
J Mass. Archives, vol. 122, p. 135.
[Notes.] Phovince Laws {Resolves etc.). — 1697. 571
It will bo remembered that Pynchon was disappointed in his expectation of some extra
compensation, besides his wajros as a military ofHcer, for liis service on the commission to
Albany, in August, 1694.* It Las appeared in several of the preceding notes that his duties
were not only as arduous, and dangerous as, ordinarilj', are those of any soldier in active
service, but that he was called upon at tlio same time to perform judicial and administra-
tive functions in cases of great difliculty, and even to act diplomatically wlicro the object
to be attained required the exercise of sound discretion, superior wisdom and peculiar tact.
All these duties ho seems to have performed acceptably; hence, even at this remote day,
it causes sincere regret that the condition of the province treasury prevented his receiv-
ing a more adequate requital than the pitiful ten pounds in the province currency which
he was granted in the vote upon which this chapter is founded. The above petition
appears to have been first presented to the Legislature of 1696, in the third session. A
memorandum upon it shows that it was read on the ninth of December. It came up as^ain
for consideration in the House, October 15, 1697, when it was read and the House there-
upon voted that he be " allowed and paid out of the public treasury, for his extraordinary
service and charges, the sura of ten pounds." The Council concurred in this vote on the
twentieth, and upon this foundation the Secretary constructed the present chapter as the
form in which it should stand on his record.
The order in Councilf for the payment of this allowance was passed Decemi)cr 4, 1697,
and in the province treasurer's accountsj the ten pounds are charged as paid to him, and
the consideration is stated in the words of the Secretary's record.
Chap. 39. This chapter is from council records, vol. VI., p. 555. It is preserved in
archives, vol. 101, p. 95.
The story of Major John March's expedition to Maine in the summer of 1697 is very
briefly and imperfectly told by Mather,§ and still more unsatisfactorily by Hutchinson,
who follows him. By the entries in the accounts of the province treasurer, however, it
appears that this expedition consisting of five companies of militia, not including, it would
seem, fifty men from Connecticut under command of Captain William Whiting, went by
water and that the whole period of service of Major Church was from the nineteenth of
June to the twenty-fifth of October, although the chaplain appears to have been employed
from the twelfth of July to the thirteenth of September. The vessel which bore the com-
mander (and probably the rest of his little fleet of transports) sailed from the Merrimac at
Newbury. The first objective points seem to have been York and the fort at Saco which
it had been the object of Gedney's expedition the year before to demolish. The purpose
of this expedition being to anticipate a descent of the French and Indian enemy upon
the eastern frontiers, March, at first, sent out scouts for reconnoitring the woods in the
vicinity of York and Wells. Later the little army reembarked and sailed for Casco
Bay, and thence to the mouth of Damariscotta River where, on the ninth of September,
they had an encounter with the enemy in which there were some losses on both sides.
After this engagement, March, deeming his mission accomplished as far as practicable,
returned to York and sent express to IJoston a letter informing the Lieutenant-Governor
of his arrival there and of his success. Thereupon, on the fourteenth, the following pro-
ceedings took place : —
" Sept. 14, 1697. His Honour the Lieuti Gov: laid before the Board a letter which he
received by express from Major March the last night from Yorke, advising of his returne
thither ^vith the Forces under his command from their expedition Eastward with an account
of their engagement with the Enemy, French and Indians supposed to be two hundred in
number, and a List of the names of the Officers and Souldiers Slain and wounded in the
said engagement, supposing the loss of the side of the Enemy to be as great (if not more)
who were beaten off the ground & fled into the Woods, making their escape in their Canoes.
Upon reading whereof his Honour proposed that another expedition mii;ht be forthwith
formed for further prosecution of the Enemy, and that C0I2. Gedney, Cob Phillips and
CaptB Byfeild be desired and instructed forthwith to undertake a Journey to Yorke, to
visit the army, and to confer and consult with Major March and the other Commanders,
of the wayes and methods for prosecuting the Enemy, and to animate and encourage the
same, and that the Government of Connecticot be written to for the continuance of their
part of these Forces for some longer time. All which was advised accordingly." — Exec-
utive Records of the Council, vol. 2, p. 407.
Stoughton, on the same day, in conformity with the above advice, wrote to Connecticut
the letter which is printed in the note to chapter 76 of the resolves of the year 1696-7.
Gedney declined the appointment; but the others accepted and performed the duty
requu-ed of them, incurring the expenses shown in the following account : —
"An Acco', of Money Expended By Coll John Phillips and Nathal Bvflcld in a Journy
to Yorke, being sent Thither in y Service of y Province, By the" Right Ilonouh'e the
LJ Gouerr & Commainder in Cheife ;
1697^ li « d
Sept'' 16':'> spent in a Journy to Salem & Backe againe 0. 14 : 00
17 pd fierrage & expence at Winnysimmet 0. 05. 00.
pd Charges for our seines horse & men at Ipswich . ... 0. 12.00.
To our expence & fiferrage at Newberry 0. 06. 00-
To our expence at Hampton 0. 06. 06.
18* To our expence for our Selues & horses at Portchmouth . . 0. 08. 00-
To y fiFerrage of our selues & y« Gentlemen y' went with us to
yorke & y^ horses . . . 0. II. 00.
* Resolves, 1694-5, chapter 17, note.
t Executive Records of the Council, vol. 2, p. 508.
j Mass. Archives, vol. 122, p. 135.
§ Magualia, vol. II,, book VII., article XXVI.
572 Province Laws (Eesolves etc.). — 1697. [Chaps. 41-45.]
1697 U t d
Sepf 18'> pd Capt Daniell at yorke for 55 Dinners wch ourselues & Gentle-
men from Portchmouth & ofBcers there did eate tipon satterday
Sabbath day & munday. being ys 18* IQ'.^ & 20* days of Septs
and for Drinlie at y said meales 4. 08. 00-
pd nine Quarts & a pint of Rume wch was ginen amongst y^
soldiers to each a Dram . . ' 0. 14. 06-
pd Keeping of our horses at yorke & spent at Cap' Phillips Lodg-
ing, where we had a meeting of y^ major & Cap'^ & Gentlemen
from y« Banke the 18* Sept"- 0. 12. 00
pd fferrage to & from yorke 0. 03. 04-
giuen away whilest in yorke 0. 05. 00-
pd the fferrage of our seines & y Gentlemen that Came from y
Banke & y horses from Kittery to y® Banke in our Journy home 0. 15. 00-
spentatye'Banke " . , 0. 03. 00-
21t3 spent at Hampton 0. 06. 06
pd fferrage at Newberry 0. 03. 00
22d spent at Ipswich 0. 09. 08
spent a Salem village 0. 02. 02
pd fiFerrage at Winriysimmet 0. 02. 06-
giuen to Serjant Nowell who went & Came w* us . . . .0. 03. 06
pd By the L* Gonerrs ordi to Serjant Nowell & to Gierke Preble
fine shillings each is '. 00. 10. 00
pd Coll : Hutchinson y« hyer of his horse 01.00.00
pd for fowr new shoes for said horse 00. 04. 00-
£13 : 04 : 08
By an order from the Lt Gouerr with y^ aduica of the Council on
the Treasnror for . ' . .' . . 10. 00. 00
£03 : 04 : 08
To Coll Phillips horse 01 : 00. 00
£04. 04 : 08
In our Joumy to yorke when we Came to Newberry the horse belonging to one of oar
men w^h they left yr was Run away upon wc'i we tooke up a horse of m^ Moody to pro-
ceed to"yorke & then to Boston and Backe to Newberry for w^h we promised he should
haue Twelfe shillings in money w<;h we pray may be paid him Accordingly.
John Phillips
Nathal Byfield." — Mass.
Archives, Vol. 101, p. 93.
The entreaties and promises of the commissioners proved unavailing and the further
prosecution of this expedition was abandoned.
Before they set out on their journey the commissioners received an order from the
Council* upon the province treasurer for ten pounds, for which credit appears in the
above account.
This account having been presented to the Council, the following vote was passed on
the twentieth and sent down to the House for concurrence, and there concurred in on the
twenty-second : —
" Votd That there be paid unto the accomptants Ten pounds more then the Ten pounds
formerly Ordered in full of this Accompt, and in further acknowledgem'. of then:
Service." — Ibid., p. 96.
The order in Councilffor the payment of this allowance is dated November 10, 1697, and
the payment of twenty pounds to Phillips and Byfield for this service is charged in the
province treasurer's accounts. J
Chap. 41. This chapter is from council records, vol. VI., p. 557. It is preserved in
archives, vol. 101, p. 94.
For a former allowance to Savage for his service on the same committee see resolves
for 1696-7, chapter 71, and note.
The order in Council^ for paying from the province treasury the allowance granted in
this chapter was passed December 4, 1697. The treasurer duly charged this amount, in
his accounts,|| as paid.
Chap. 42. This chapter Is from archives, vol. 30, p. 438. It is recorded in council
records, vol. VI., p. 557.
Chap. 43. This chapter is from council records, vol. VI., p. 557. It has not been
found in the archives.
Chap. 45. This chapter is from council records, vol. VI., p. 560. It is preserved in
archives, vol. 70, p, 359.
The petition upon which this chapter was founded is as follows : —
• September 15, 1697. Executive Records of the Council, vol. 2, p. 498.
5 Executive Records of the Council, vol. 2, p. 606.
Mass. Archives, vol. 1'2U, p. 122.
{Executive Records of the Council, vol. 2, p. 608.
Mass. Archives, vol. 122, p. 13S.
[Notes.] Province Laws {Resolves etc.). — 1697. 573
" To the Honourable tbo Leivtonant Govornour councell & Assembly In generall Coart
Convened the Humble petition of /ebediah Williams of Deerfeild
sheweth
That in September last when the enemy came upon a family of Deerfeild as your hum-
ble petitioner was with others running to the rescue of that family the enemy wounded
him on the arm in two places which wound hath prevented his labour & occasioned much
charg & pain for more then three months, your poor petitioner being newly come of age
having very little to begin withall, humbly request this honoured Court to take into con-
sideration this loss of time & expences & to allow your humble petitioner what your
honours on such occasions shall judge encouraging young men to pursue & light the
enemy when they have opportunity,
March 22nd 1696/7. ^^ ^^^^^^ ^^^^ humble petitioner pray &c :
Zebediah Williams" — Mosm.
Archives, vol. 70, p. 337.
The following memorandum was annexed: —
" Mf Williams the Minister of the Towne attests to the Truth of the person abovenamed
being wounded as is expressed." — Ibid.
The petition was read in the House on the twenty-second of March, 1696-7, and there-
upon a committee consisting of Samuel Partridge and Joseph Parsons was appointed " to
consider of this petition and to make report thereof at the next sessions of this court." No
report by this committee has been found.
At the third session of the Legislature of 1697 Williams presented another petition, as
follows : —
" To y Hono™'>'<' W™ Stoughton Esq-- L" Gov &c & Counsell & Rep'"sentatives Con-
vened in Gen" Cone this Octob'- 13 1697.
The Humble Petition of Zabadiah Williams who was a Sould"' in Derefield & Wounded
by y« Enemy w" they set upon Derefield Garrisson Sep"' 16 1695 & lay wounded 22 weekes
for w^'' the Docto'' Requires four pounds besides w' I am to pay to Other Chirurgions &
my tyme & Expences w"'' hath already beene Motioned to this Co^te & Now againe I
intreate my case may be Considered & allowances Granted mee as yo^ Hono" shall Judge
meete & for yo^s Hono" I shall Ever pray
Zabadiah Wii,i,ixus." —Ibid., p. 339.
This petition was read on the twentieth of October and the following vote was passed
thereon : —
"Voted. In answer to y^ abouesd petition y' he shall receiue fifteene pounds out of
ye prouince Treasury : for full compensation." — Ibid.
This vote, which was concurred in by the Coiincil on the twenty-sixth, is the vote which
the Secretary recast into the form in which it appears in this chapter when he made up
his record.
The order in Council* for the payment of this allowance was passed December 4, 1697,
and the province treasurer charged the same in his accountf as paid to Williams.
The "family of Deerfield" mentioned in the first petition was that of Daniel Belding,
of which a minute account is given in the " Narrative of the Captivity of Stephen
Williams,"! and the date of the attack was September 16, 1696.
It was on this occasion that Joiin Gillet was captured. See resolves, 1698, chapter 17.
Chap. 46. This chapter is from council records, vol. VI., p. 560. It is preserved in
archives, vol. 70, p. 356.
The naval encounter in which Pickett was wounded took place early in the spring of
1697, on an expedition, the circumstances of the fitting out of which are shown in the
following extracts from the executive records of the council : —
" March 3, 1696-7. Upon the report in several private Letters from Piscataqua of some
fishing Shallops belonging to that River and Marblehead, being lately surprized at Rich-
monds Island by the Indians with some French in their company.
Advised : That his honour the Lieut^ Gov£ dispatch a letter to Col : Gedney and Lt Col :
Hathorne at Salem recommending it to them, to take effectual care that one or two well
sailing Shallops equipped and furnished with a suitable number of Men be forthwith dis-
patched from Marblehead in search of, and to endeavour to recover the said taken shallops
out of the Enemies hands, and to impower the sd Gent^ if need be, to impress men for
that service, and that the Government be at the charge of the subsistance and pay for the
said men after the rate of ten shillings -P week each during their attendance on that ser-
vice." — Fo^. 2, p. -^51.
" March 4, 1696-7. Upon notice from Colo Gedney and L' Col Hathorne that the Mar-
blehead Shallops were abroad and that there was a suitable Barque lying there, mounted
with two Guns and every way fitted for the Sea whereof one Cawley a briske Man was
Master.
Advised : that the said Barque together with a Shallop to attend her be forthwith dis-
patched on the Expedition for the recovery of the Fishing Shallops lately surprised by
the Enemy ; and that the said Cawley be Commissionated to have the Command. The
said Barque and Tender to be enforc't with forty Men." — Ibid., p. 452.
Captain John Calley, as he and his family wrote the name, — though it was undoubt-
edly pronounced as written in the above advice of the Council, — was a skilful and
intrepid shipmaster who took an active part in public affairs, and some years later than
* Executive Records of the Council, vol. 2, p. 509.
{Mass. Archives, vol. 122, p. 147.
Printed by the Pocumtuck Valley Memorial Association, with most valuable notes by Oeoree
Bheldon, Deerfield, 1889.
574 Province Laws {Resolves etc.). — 1697. [Chap. 47.]
the date of this exjieditinn represented the to^vn of Marblehead in the Le,;::islature, where he
fourageouslj- led the opposition to Governor Dudley, in tlie proseuntion of some of the
Governor's triends who were accused of treasonable practices, and who by special acts*
of the Legislature were sentenced, on conviction, for high misdemeanors. In the expedi-
tion of 1697 he commanded both the vessels above mentioned — the barque William and
Mary, and her tender, the shallop Blessing, — with a force of forty men who were, prob-
ably, all impressed for the service.
Galley's engagement with the enemy seems not to have been deemed worthy of mention
by diarists and historians ; and no allusion to it other than is contained in the above record,
and in certain entries, hereafter given, in the province treasurer's accounts, has been dis-
covered save the bare mention of it by Pickett in his petition, which is as follows : —
"Unto The Hon'''' General! Court now Sitting at Boston
the petision of Nicholas Pickett of Marblehead townshipp : humbly Sheweth : that he
y^ sd Pickett was pressed out of the sd town ; & y' in y« Late expedition against y" french
in March Last past in His Majesties Service & yCountrys under Capt Cauley he did then
& their recieve A Shott which wounded him in such wise y' his wound made him uncap-
able of Stiring himselfe & by that means hs became frozen & thereby hath Sufered
extream Dolourous & exquisite pains & torment & at last for y» preservation of his life
was forced to endure y Cuting of his foott & now Contineth very weake & uterly uncapable
of doing any thing to helpe himselfe ; or fall into any way to gaine A livelihood ; & he being
A verypoorman; havingneither housing. Land, or other estate to relieve him; &in Avery
poor, miserable, & deplorable Condition he doth humbly suplicate & beseech this Honrd
Court out of their Comiseration & Christian Compasion to consider his miserable and
needy Condition & for j" reasons aforsd yt this Hon^J Court will be pleased to grant him
some sutable Suply for his future maintenance (he being A decriped man) in such maner
as you shall see meett & yc poor suplicant shall for ever pray for your prosperity —
Sept e^h 1697^ Nicholas Pickett." — Mass.
Archives, vol. 70, p. 356.
This petition was read, first, in the House, on the tenth of September. It was read
there again on the twenty-sixth, when a vote was passed substantially identical with this
chapter, and was concurred in by the Council on the same day.
The following items from the province treasurer's account show not only that Pickett
received the first instalment of his allowance, but throw some light upon other circum-
stances connected with his case : —
" Paid Capi John Calley for himselfe & Comp| for serveing his Maj'^ on
board the Shallop Blessing a scouting & for victualing said Shallop . 68 , 17 ,; 8
Paid Richard Skiner for hire of the Bark William & Mary John Calley
Command^ for damage she sustained in the fight for provision powder
Shott &ct_ & Capt jn°^ Legg Cap' NathanJi Norden & Cap' Jn^^. Brown
provision & disbiirstments in fitting out sd Barke W™ & Mary ' . . 37,, 15^, 7
Paid Cap^ Norden for several disburstments for fitting the Scout Shallop
John Calley Commander 6,, — « 5."
— Ibid., vol 122, p. 101.
" Paid Nicholas Picket Stipend to y 26* May 1698 10,, —„ — ."
— Ibid., p. 143.
Chap. 47. This chapter is from council records, vol. VI., p. 560. It is preserved in
archives, vol. 11, p. 125.
Lancaster, from its exposed position on the frontier, was a convenient object for the
attack of hostile Indians. It was repeatedly the scene of slaughter and assault, one of the
most memorable occasions being that of February 10, 1674-5, f when more than fifty of
its inhabitants were killed or taken captive including, among the- latter, Mary, the wife of
the Rev. Joseph Rowlandson, who has left a narrative of the event and of lier captivity.
The more recent attack was that of September 11, 1697,+ when t-he Rev. John Whiting
and twenty others were killed, two more wounded, but not mortally, and six carried into
captivity. It was this last disaster which was specially pleaded to move the General
Court to make the allowance granted in this chapter.
The petition upon which this chapter was founded is as follows : —
" To the R' IIon''able the Liev' Gov the Hon'"'' councill & Representatives convened in
Genrall Assembly at Boston October IS'h 1697_
The Humble Petition of John Houghton in behalfe of the Inhabitants of the Towne of
Lancaster Humbly shewetli
That fforasmuch as the Righteous God hath permited the heathen Indian enemyes to
Kill & destroy many of our people in a cruell & barbarous maner both formei'ly and
Lately to the great terror & amazement of those that survive & to our great Loss &
Damage, & especialy in having our minister taken away by such a awfull stroke, we
greatly feare we shall not prevaile with any to com & setle with us in the work of the
ministrey Vjecavse of the present troubles & also we being Left few in number & brought
very Low by the Long continued troubles, all which is Ready to cause us to dispaire of
any Longer continuance in said Towne except we may have som encouragment & Reliefie
Which moveth yo"" petition^ Humbly to Request you' hon^s to consider our distressed
condition & that our part of the tax Last granted may be Remitted : there being so many
of the persons on whome it was Levied & theire estates destroyed & that we may be freed
from paying taxes Whilest wee Remaine under such troubles, & that if we may be
prmited through Gods goodnes to continu there for the future we pray that we may have
your hon" advise & help in the procuring & setlement of a minister, without which we
cannot at present of ourselves do it, that we may be supported with souldiers, for we are
* Private acts, numbere 19, 20, 21, 22. 23, 24, 25.
t Mather'8 Magnalia, vol. II., book VII., article XVII., pp. 553, 554.
[Notes.] Province Laws {Resolves etc.). — 1697. 575
no Longe ablo of our selves to lieare up under such a Wasting & desolating War, all
which being by you"" Hours considered, it is hoped you will se meet to grant our llequest
as above which will greatly encourage said Inhahitants & yor petition'' as in duty bound
shall pray &ct™
John Houghton." — Mass.
Archives, vol. 11, p. 123.
This petition was read in the House on the nineteenth of October, and on the twenty-
sixth a vote suljstantially the same as that which constitutes tiiis chapter was passed and
sent up to the Council for concurrence where it was immediately concurred in.
The order in Council* for the payment of tliis allowance was passed February IG, 1698-9.
The following entry in the province treasurer's account shows that tlie allowance was
paid to Whiting's successor in the ministry : —
" Paid Mf John Jones whome y« Town of Lancaster have procured to be
their minister (upon consideration of the damage lately done by the
Indian unto s;} Town their minister being tlien slain, for their encour-
agemt & enabling s^ Town to gett another) allowed by y« General
Assembly 20,, — ,,—."
— Ibid., vol. 122, p. 138.
See, also, the last paragraph of the note to chapter 28, ante.
Chap. 48. This chapter is from council records, vol. VI., p. 5G0. It is preserved in
archives, vol. 40, p. 484.
The following is the petition upon which this chapter was founded : —
'* To the Hon''''' y L' Governor Council, and Representatives, in Gen""" Court or
Assembly convened
The Petition of Walter Shepard and Isaac Rice of Sudbury in the county of Middle-
sex &c
Most humbly sheweth
That yo"" Petition" were had before m' Justice Bro-wne by virtue of a Warr' beareing
dute August 24tii 1697 to answer for the makeing & delivering a Lybel unto Mr James
Sherman Pastor of Sudbury &c Where upon Examination nothing appeareing to convict
yor Petition's of any Breach of Law in that behalf, yor Petitionr^ ought to have been dis-
charged; Yett the said Justice Browne continued his court by severall adjournements
and Commanded yo^ Petition's to attend the Same untill the 8''' day of Sep' following,
when together with Mr Justice Minott, he the said Justice Browne without any Evidence
proveing that Yor Petitiors had ever made or delivered any Lybell unto Mr James Sher-
man Pastor of Sudbury, passed Sentance agt yor Petitionrs to pay each of them a fine of
Tenn shillings money to the King & to pay Costs of Prosecution, which was allowed to
be 2'',, 2» 8'' from which Sentence yor Petitiors prayd the benefitt of the Law of this Prov-
ince to appeal to y next GenrU Sessions of the peace within said County, & yor Petitionra
were ready to doe al that the said Law required in that behalf, andtendred both money for
Entring their appeale and Sufficient security for their good behaviour and prosecuteing
yr appeale with Effect ; Yett the said Justices would not, nor did they Grant Yor peti-
tionrs the benefitt of said Law butt granted Execution to the sheriflFs deputy to Levy upon
Yor Petitionrs persons or Estates for said Summe of three pounds Two shillings & 8,'*
whereby yor petitiors are greatly oppressed and without remedy unless from this great
& honi)'" assembly
Wherefore Yor Petitionrs humbly Supplycate this honi-'e Court that the Laws of this
Province here enacted may be Supported and vindicated, the Kings Leige people have the
benefitt by them and yor Petitionrs relieved, and not suffered to be Wrongfully Continued
on Record, as Lybellers, who have hitherto behaved themselves with duty to his Maj'y &
his Governm' and with good fame amongst their Neighbours
And yor Petitionrs shall ever pray &.c." — Mass. Archives, vol. 40, p. 484.
This petition was read a first time in the House on the sixteenth of October, and on the
twenty-sixth it was read again and a vote, substantially the same as this chapter, was
thereupon passed and sent up to the Council for concurrence, and there concurred in on
the same day. See, further, the note to chapter 67, post.
Chap. 49. This chapter is from archives, vol. 11, p. 126. It is recorded in council
records, vol. VI., p. 562.
Dunstable, on the remote northwestern frontier of Massachusetts proper, was repeatedly,
during fifty years from its settlement, the scene of incursions by hostile Indians. In 1695,
to escape the fury of the savages, Thomas Weld, its minister, "retired to Boston, in viola-
tion of the statutet forbidding inhabitants of frontier towns to desert their posts. For
this, he was dealt with by the Council as shown in the following entry in the council
records : —
" June 27, 1695. M' Thomas Weld late Minister of Dunstable, and driven from thence
by extremity of the Warr (that Town being in a great part depopulated) Appearing this
Day in Council, and making reasonable excuse to Acceptance for his not present returning
thither again, is hereby Licensed to abide, and Continue elsewhere during the Continu-
ance of the warr, without incurring any of the Penalties, and forfeitures mentioned in
the Act entituled. An Act to prevent the deserting of the Frontiers
William Stoughton." — Coun-
cil Records, vol. VI., p. 414.
* Executive Records of the Council, vol. 3, p. 5.
t Province Laws, 1694-5, chapter 25.
576 Peovince Laws {Resolves etc.). — 1697. [Chap. 50.]
This year Dunstable was included among those of the frontier towns peculiarly worthy
of public aid. See the last paragraph of the note to chapter 28, ante.
The order in Council* for the payment of this allowance was passed August 8, 1698.
The following item in the account of the province treasurer shows that the amount
allowed by this chapter was paid, and to whom : —
" Paid Mj Thorns Weld Chaplain to y" Garrison at Dunstable from June
1697 to June IG98 Allowed by ye General Assembly .... 20,, — ,^ — ."
— Mass, Archives, vol. 122, p. 149.
Chap. 50. This chapter is from council records, vol. VI., p. 563. It is preserved in
archives, vol. 40, p. 469.
The following is the petition upon which this cliapter was founded : —
" To the Honbie William Stoughton Esq"" Lieu*. Governour and Commander in chief in
and over his Maty Province of the Massachusetts Bay in New England, and the Honb'*
Council and Representatives of y« s^ Province convened in General Assembly October
13* 1697—
The Petition of Caleb Ray Keeper of his Maty Goal in Boston
Humbly sheweth
That there is due unto your Petf the Suiii of £28 ^, 13,^ 11 for the keeping of French and
Indian Prisoners from the8t!> of September last as by the before written Accompt appeares,
as also £108 „ — ,^5 due by the Accompt presented in September aforesd for which there
hath yet been no order for payment. Besides the greatest part of what hath been formerly
ordered unto yo'' Petitioner is stil unpaid, whereby your Petj is in advance for the keeping
of sd Prisoners near Three hundred pounds, for which your Petitioner hath been forced to
run in Debt with several persons, and is greatly streightn^ to procure Credit for the
further subsisting of s^ Prisoners —
Wherefore your Petitioner doth humbly pray, that the afores^ suius of £28,, 13 „ 11. &
£108 „ — „ 5. may be ordered him out of the publick Treasury, and that effectual care may
be taken That as well the same as what is yet remaining unpaid to him upon former
orders, may be speedily paid unto your Petr to enable him to discharge the Debts which
he hath contracted for Provisions for the afbres<? Prisoners. And that his Accompts for
keeping of them for the future may be passed once a month, and paym' made of what
shall from time to time be due unto yo' petitioner thereupon
Caleb Rat." — Mass.
Archives, vol. 40, p. 469.
The two accounts mentioned in the preamble are interesting not only as giving the
number and names of the French prisoners taken captive on the expeditions to the east-
ward, but as showing the date of the commitment of the Sieur Jean Baptiste whose reten-
tion, after the Peace of Ryswick, on the charge of treason and murder, was the pretext
for subsequent acts of hostility, and the subject of long-continued negotiation between
Massachusetts and the government of New France. These accounts were as follows: —
[First account.']
" Boston In New England 1697
The Country to Caleb Ray Keeper of his Maj'''^' Goal In
Boston, Since y« Last acco' giuen In y? 26"' of May for
keeping of Seuerall French Prisoners and Indians Is Dl
Capt Villeau To keeping of Capt Villeau from y? 26'" of May 1697 to £ s d
yf 8"> September Is 15 WeeliS at 5/ •f week . . . 3 15 -
Conton To Ditto of Conton from 26* May to ye S'" September
Is 15 weeks at 4/ P week ..'.... 3 00 -
Cowett To Ditto of Cowett from y" 26"» may to y 17"' August
hee was Delliuered Joseph Ryall. Is 12 weeks at 4/ ^
week 28-
Donoirs To Ditto of Donoirs from 26"'. may to ye 29tii June, hee
went to the Lieut Gouernor- Is 5 weeks" at 4/ . . 1 00 -
Jn» Roy To Ditto of John Roy from 26* May to y>= 29tii June hee
went to the Lieu* Gouerno'' Is 5 weeks at 4/ . . . 1 00 -
Le Riuiera To Ditto of Le Riuiera from 26"" May to ye S* September
Is 15 weeks at 4/ -{;> week 3 00 -
Fuzille To Ditto of Fuzille from 26'.'' of May to ye 8'.'' September
Is 15 weeks att 4/ 3 -
Champaine To Ditto of Champaine from 26* May to ye 8* September
Is 15 weeks at 4/ ' . . . 3 00 -
Carraban To Ditto of Timothy Carraban from 26"' of May to y"
S'" of September Is 15 weeks at 4/ . . . . 3 00 -
Loudon To Ditto of Loudon from 26"' of May to the 8th Septem-
ber Is 15 weeks at 4/ 3 00 -
Vaillant To Ditto of Vaillant from 25"' May to the 8"' September.
Is 15 weeks at ish 3 00 -
Buquerett To Ditto of Buquerett from 26tii May to the 8tii Septem-
ber Is 15 weeks at 4/ 3 00 -
Le Fleur To Ditto of Le Fleur from 26tii May to the Sth Septembr
Is 15 weeks at 4/ 3 00 -
S« Jean To Ditto of St Jean from 26t>' May to ye 6th of July hee
was Delliuered by ye Honn'h'e yo Lieu' Gouemor his
order to Peter Woodward of bed ham Is 6 weeks at 4/ 1 04 -
• Executive Records of the Council, vol. 2, p. 553.
[Notes.] Province Laws {Uesolvefi etc.). — 1697.
577
Le Vlolett
Lesperance
Chantillon
Largee
June 6
Cap' Baptist
Battilio
Peter Le Bare
Oliuer de Gre
Jaques Bellefor
Cha: Bellefor
Peter Moram
Anth" de
Vignan
Bellouille
Is^Bruger
Boiiten
Bergeron
Lempriere
Morrice de
Vignan
Le Roze
Jn" Jersay
Jn" Begar
Jno Barrer
Carolinau
Jn° Jorque
Peter Cliausie
Peter Burgan
0,,0
To Ditto of Le Violctt from 2Gt'» May. to y« 8"' Septem-
ber Is 15 weeks at 4/
To ditto of Lesperance from 2Gti» May to y 8'.'> Septem-
ber Is 15 weeks at 4/
To Ditto of Chantillon from 26'^ May to yo SV Septem-
ber Is 15 weeks at 4/ . . . , ' .
To ditto of Jno Largee from y 17"i of July bee was
Brouglit to Prison by Abra: Turtiloe to y" 8th Sep-
teml)er Is 7 weeks 5 day
To Ditto of Bomazyn Indian from y" 26"'
May to the 8U> of September Is 15 weeks
at 4s £3
To ditto of Shepcott John his 2 sons 15
weeks p^' £6 „ 00 ,^ 0
Then Cap' Baptist & 21 of his Compa were Committed
To keeping of Cap' Baptist from ye 6* June to ye 8"»
September Is 13 weelvs 4 days at 5/' F week
To Ditto of Peter Battilie from y° 6"> June to the 27"^ of
August Is 11 weeks 5 days at 4/ F week, hee then
went Thomas Hill In his sloop the Prouidence for
Bai'bados
To Ditto of Peter Bare from ye G"- June to y« 8"> Sep-
tember Is 13 weeks 4 days at 4/ F week
To Ditto of Oliuer de Gre from yp 6'.'' June to ye first
September hee was Delliuei-ed by y Lieu' Gouern"" to
Geo : Cox master of y Ketch Dolphin for Newfound
Land Is 12 weeks 3 days at 4/ -P week
To ditto of Jaques Bellefor. from y? 6"i June to yf S'.*"
September Is 13 weeks 4 days at 4s'/i F week
To ditto of Charls Bellefor from y 6"i June to ye S'h
September Is 13 weeks 4 days at 4/ . . ." .
To ditto of Peter Moram from yf 6''> June to y 8'h Sep-
tember Is 13 weeks 4 days at 4sA
To ditto of Antho De Vignan from ye &h. June to ye 8tii
September Is 13 weeks 4 Days at 4/ .
To Ditto of Peter Bellouille from yf &^ June to ye
September Is 13 weeks 4 days at 4s^ .
To Ditto of Isaac Bruger from ye 6'1» June to ye
September Is 13 weeks 4 Days at 4/ .
To ditto of Baptist Bouten from ye G'.^ June to y
September Is 13 weekes 4 days at 4/ .
To Ditto for Barth" Bergeren fi-om ye G'^ June to the S"".
September Is 13 weeks 4 days at 4/ .
To Ditto of francois Lempriere fi'om ye G"i June to ye 8">
September Is 13 weeks 4 days at 4/ .
To Ditto of Morrice de Vignan from ye G'h June to ye
8'ii September Is 13 weeks 4 days at 4sA
To Ditto of Peter Le Roze from ye 6"i June to ye 30'ii
August hee went to John Vsher Esqr Is 12 weeks 2
days at 4/
To Ditto of Jne Jerzay from ye G'h June to the 8'^'' of
September Is 13 weeks 4 Days at 4sA ....
To Ditto of John Begar from yp 6th. June to ye 27'ii July
hee was delliuered'by yo Honnrbie ye Lieu' Gouern^ his
order to John Burmcott Is 7* weeks 3 days at 4/
F week
To Ditto of John Barrer from ye G'h June to ye 17* of
August hee went with Joseph Ryall to Barbados Is 10
weeks 3 Days at 4/ P week
To keeping of Fort Carolinau from ye G'-i" June as also
for keeping of John Jorque from ditto time to ye 18'^
June they Were Delliuered, by order of the Lieu'
Gouerni to Cap' Mark Hunkins Is 13 days Each
To Ditto of Peter Chausie from ye G'ti June to yf 23"'
August hee was Delliuered to Az'er Gale for Madeira
Is 11 weeks 2 Days at 4/
To Ditto of Peter Burgan from ye 6'> June to y® 25'>
August bound to Samuel Walker for West Jerzey Is 11
weeks 4 days at 4sA
8th
8'h
8'U
End
3 00 -
3 00
3 00 -
1 10 10
9 00 -
3 7 10
Boston S'-h September 1697 :
-Ibid., p. 465.
2 6
10
2 14
3
2 9
9
2 14
3
2 14
3
2 14
3
2 14
3
2 14
3
2 14
3
2 14
3
2 14
3
2 14
3
2 14
3
2 9
2
2 14
3
1 9
9
2 1
9
0 15
-
2 5
2
2 6
4
F' Me
Caleb Ray Keeper.'
£108 00 5
578
Province Laws (Resolves etc.). — 1697. [Chap. 50.]
[Second account.']
"Boston In New England 1697 —
The Country to Caleb Ray Keeper of his Majties Goal In
Boston, since the Last acco' Dated y« S'.h of September
Last for keeping of Sundry French Prisoners &
Indians Is
Capt Villeau To keeping of Cap' Villeau from y« 80} September 1697
to the IS'.h of October Is 5 weeks at 5/ P week .
Conton To Ditto of Conton from y« S'-h September to y^ 13*
October Is 5 weekes at 4/ t* week, then went to Major
Church
La Riuiera To Ditto of Le Riuiera from y<= Stt of T^ci to y^ 13th of
8S^ 5 weeks • .
Fuzille To Ditto of Fuzille from y« St^ of 7'^.<='' to y« 13tii of 8i>er.
■ 5 weeks
Champaine To Ditto of Champaine from ye 8th of 7'^" to y« 13* of
gber. 5 weeks
Carraban To Ditto of Timothy Carraban fi'om y 8t.h September to
ye 21th ditto hee went wth m'' Blower Is 1 week 6 Days
Loudon To Ditto of Loudon from y^ 8* of 7ber to y" 13th Sber Is
5 weeks ..........
Vaillant To ditto of Vaillant from y 8* September to ye 27i?
Ditto hee went to Cap' John flfoy Is 2 weeks 5 Days .
Buquerett To Ditto of Buquerett from y" 8th September to y 4"> of
October he went to Capt xho : ' Cobbett for Barbados 3
weeks 5 days
Lefleur To Ditto of Lefleur from ye 8th of jber to ye 13* 8^ Is
5 weeks
Le Violett To Ditto of Peter Le Viollett from ye 8t.i> September to the
13ti» of October hee was Delliuered by ye Lt Gouernor
his order to Major Church Is 5 weeks ....
Le Sperance To Ditto of Le Sperance from y? 8'i'. September to y*
02<i October hee went to Henry Seargant for Jamaica
Is 3 weeks 3 Days
Chantlllon To Ditto of Chantillon from ye 8^ September to ye 13t.h
8her Is 5 weeks . . .' ~
Largee To Ditto of Largee from ye Sf" September to ye 13th of
8ber Is 5 weeks
Prest Aboire To Ditto of Prest Aboire from ye 8th of September to ye
13th of October Is 5 weeks
Le Maison To Ditto of Le Maison Neuue from ye 8th September to
Neuue ye 13th of October Is 5 weeks . ' .
Cap' Baptist To keeping of Capt Baptist from ye 8th of September to
the 13th of October Is 5 weeks at 5/ -P week
Le Bare To Ditto of Peter Le Bare from ye S"-. September to ye 4'.'>
October hee went to Capt Tiio': Cobbett for Barbados
Is 3 weeks 5 Days
Jaques Bellfond To ditto of Jaques Bellfond from ye 8^ September to yf
13th of October Is 5 weeks
Cha : Bellfond To Ditto of Charles Bellfond from ye 8th of September
to ye 27th ditto hee went to Capt John ffoy Is 2 weeks
5 day
Peter Moram To Ditto of Peter Moram from ye 8th of September to ye
IS'-ii of October Is 5 weeks
An the de To Ditto of Anth" De Vignan from ye 8th of 7''erto ye
Vignan 13'.h 8ber 5 weeks . . . . ' .
Belouille To Ditto of Peter Belouille from ye 8'h of September to
ye I2'h Ditto hee went to Edward Pell for Neuis Is 4
days
Landegall To keeping of Isaac Landegall from ye 8'h September to
ye 8"' October hee went to Cap' Michael Shute Is 4
weeks 2 davs
Boiiten To Ditto of Baptist Bouten from ye 8'h of September to
ye 13th of October Is 5 weeks at 4/ ^ week .
Lempriere To Ditto of Peter Lamprier from y.e S'h September to y*
4th of October hee went to Capt xho : Cobbett for Barba-
dos 3 weeks
Bergeren To Ditto of Barth" Bergeren from y* 8th September to ye
13 th of October Is 5 weeks ......
De Vignan To ditto of Maurice de Vignan from ye sth Septemb'' to
ye 13th of October Is 5 weeks
To Ditto of John Sesag from the 8th Septemb"- to ye 7th of
October, hee went to Robert Hayward Is 4 weeks 1
day
To Ditto of Bomazyn Indian fi'om ye 8th. "j
September to ye isth of October Is 5 |
weeks at 4/ ¥ week .... £1=00=00 1-
To Ditto of Shcpcott John his 2 sons the
said time 5 weeks Each at ish ¥ W £2=00=00 J
Boston 13th October 1697." — Ibid., p. 467.
Dr
£ s d
15-
1 00 -
1 00 -
1 00 -
1 00
0 7 6
1 00 -
0 10 11
0 14 11
1 00 -
1 00 -
0 13
9
1 00
-
1 00
-
1 00
-
1 00
-
14 12
1
1 05
- 14
11
1 00
-
0 10
11
1 00
1 00
^
0 2 4
-17
2
1 00
-
- 14 11
1 00
-
1 00
-
-16
7
3 00
-
£28 13
11
[Notes.] Province Laws {Resolves etc.). — 1697. 579
Tho former of those accounts n^ppoars to have been presented at the second, session of
the General Court this year, which lasted but three days, ending, by prorogation, on the
tenth of September witliout action iiaving liecn taken in Ray's case. On tho twenty-
second of October, tho second account was presented, and tho foregoing petition was read
in tho Council and sent down to tho House, whcro it was considered, and, appardhtly,
without any preliminary action, the following vote was passed on the twenty-ninth, sent
up to tho Council for concurrence, and concurred in : —
" Voted In yo house of Representatiues y' Sd Ray shall be payd y" two suins (In his
acco's amounting to 28-13- 11 &- 108-00-05) out of ye publick Treasury." — Ibid.,
p. 469.
The order in Council* for the payment of this allowance was passed February 23, 1697-8.
See note to chapter 65, post.
Chap. 51. This chapter is from archives, vol. 48, p. 279. It is recorded in council
records, vol. VI., p. 563.
The order in Councilf for the payment of tho allowance granted by this chapter was
passed November 10, 1697, and the treasurer's account shows that H was p;iid.t Besides
this, an order was passed in Councili} August 9, 1697, for the payment to Addington of
£21 9s., for extraordinary services.
Chap. 52. This chapter is from archives, vol. 48, p. 280. It is recorded in council
records, vol. VI., p. 56i.
The order in Council for the payment of the allowance to Isaac Addington|| embraced
also this allowance to Davenport. The payment of the allowance to Davenport is shown
in the treasurer's accounts.ll
Chap. 53. This chapter is from council records, vol. VI., p. 564. It is preserved in
archives, vol. 61, p. 3.57.
The following petition, which was the foundation of this chapter, sets forth the circum-
stances of the loss for which the original petitioner and, subsequently, his widow, sought
recompense : —
" To his Excellency S.r "William Phipps Kn* Capt Gen'} & Govemr in Chief e of their
Majti.es Province of the Massachusets bay, in Newengland,' & the HonoWe Council, sitting
in Boston.
The Humble petition of Philip Knill of Charlestown.
Sheweth That the Ship Swan, Capt Thomas Gilbert Command^ being fitted, somtirae
in the month of May Anno I'iOO. for a ship of Warre to clear the Coast of Enemies, who
did at that time infest us, Yop petitioni;^ Negro man, Sambo by name (being young,
strong & able & in very good health) was by force, against yoj petition's consent. Seized
in Charlestown, & carryed away from yof petitionra service, on board the" said Ship Swan,
at well time yo^ petitionj had shipped him on board a Ketch then bound to the Barbadoes,
at thirty shillings by the moneth certain, & more if any higher wages were given to any
foremastman that should after be shipped.
Yoj" petitionr being then under bodily illnes (as he is to this day) could not personally
negotiate his own affaires, yet he signifyed in wi-iting to the Capt his desires for his
Negro's, dismission, but in vaine. After the arrival of said Ship Swan from that Expedi-
tion, he again signifyed his desires that his Negro might be discharged, but it would not
be granted, the Canada Expedition being then in hand, he was deteined on board to
attend that service, against yof petition's consent ; & in that service he proceeded, wherein
he was Seized with a mortal distemper, wherof in a few dayes after his Landing he dyed,
to the very great detriment of yo' petition'' who cannot rationally Estimate his damage
therby susteined at Less than One hundred pounds ; the said Negro being yof petition's
proper Estate, & not more than twenty one yeares of age, & yo.' petition' taken off frotn
all Employment by the hand of God upon his body, besides many Cross & afHicting prov-
idences reducing him Low in Estate; All which yoj petition;" Submits to yo.' wise & just '
consideration.
Humbly praying therfore that yo;" Excellency & the HonoWe Council will please to
order such an allowance to yo.' petition^ as shaibe just and equal to Compensate his so
great a Losse. And yo^ petition' shall ever pray &c
Phillip Knill." — Mass.
Archives, vol. 61, p. 357.
This petition was first presented by Knill to the Council, September 14, 1693, in the
vacation of the General Court. It was read, but no other action thereon is recorded. On
the last day of the third session, this year, on the application of Knill's widow, the same
petition with the following brief postscript was read in the House : —
" Ruth Knill is y« widow of y« Petitioner, and is very poor, and Prays the Relief of this
Court. Oct^ 30. 1697." — /6irf.
Thereupon the following vote was immediately passed and concurred in by the
Council : —
" Voted ; In answer to the above petition that the abovenamed Ruth Knell shall be
allowed & paid out of the publick Treasury the Sum of Twenty pounds." — Ibid.
* Executive Records of the Council, vol. 2, p. 521.
t Ibid., p. 504.
X Mass. Archives, vol. 122, p. 102.
§ Executive Records of the Council, vol. 2, p. 489.
II Chapter 51. ante, and note.
IT Maes. Archives, vol. 122, p. 119.
580 Province Laws {Resolves etc.). — 1697. [Chaps. 54-57.]
"When the Secretary made np his records he recast the vote into the form in which it
appears in this chapter.
An order in Council* for the payment of this allowance was passed November 10, 1697,
and the province treasurer's account shows that it was paid accordingly .f
Captain Philip Knill, the petitioner, died December 14, 1695, m 57. His wife, whom he
married in 1666, and who survived him, was Ruth, the widow of Richard Allen or Allin,
of Charlestown.J
Chap. 54. This chapter is from archives, vol. 48, p. 281. It is recorded in council
records, vol. VI., p. 564.
For particulars concerning the changes in the memorable town-house in Boston see
William H. Whitmore's address at its re-dedication in 1882, and the Prytaneum Boston-
iensp. by George H. Moore, LL. D. : 1886, wherein, respectively, they have published the
results of then.- most intelligent and industrious investigations.
Chap. 55. This chapter is from archives, vol. 62, p. 225. It is recorded in council
records, vol. VI., p. 565.
See resolves, 1696-7, chapter 56, and note.
Chap. 56. This chapter is from archives, vol. 62, p. 225. It is recorded in council
records, vol. VI., p. 565.
This is the first legislative action on the subject of cutting a canal across Cape Cod, a
scheme which has been advocated for nearly two centuries by some of the most distin-
guished and enterprising men of Massachusetts and the nation. That stich a canal was
believed to be possible long before this attempt, appears from the follomng entry in
Sewall's Diary : —
" Oct. 26, 1676. After this Mr. Smith rode with me and shewed me the place which
some had thought to cut, for to make a passage from the South Sea to the North : said
'twas about a mile and a half between the utmost flowing of the two Seas in Herring
River and Scusset, the land very low and level, Herrin River exceeding Pleasant by reason
that it runs pretty broad, shallow, of an equal depth, and upon white sand." — Vol. I.,
p. 26.
At the beginning of the Revolution, Washington favored such an undertaking, and by
his order an estimate of the cost was made, by a competent engineer, upon which a com-
mittee of the Massachusetts Legislature reported that the subject be recommended to the
Contine7ital Congress. § Although this eflfort failed other attempts were subsequently
made, of which a very full and interesting account is given in puljlic document, number 41,
of the Legislature of 1864.
Of the committee appointed by this chapter, Otis was the representative from Barnsta-
ble and Bassett the representative from Sandwich. Smith, who was a person of impor-
tance in Barnstable, and who sometimes represented that town in the Legislature, was
probably the same person who, twenty years before, had pointed out to Samuel Sewall
" the place which some had thought to cut."
No report by this committee has been found ; but it seems that the scheme was agitated
for forty years or more after this date.||
Chap. 57. This chapter is from archives, vol. 62, p. 233. It is recorded in council
records, vol. VI., p. 567.
The following is the petition mentioned in the preamble to this chapter : —
"To the Right honWe the L' Governo"" & hon'd Council & Representatives now
assembled in GenrU Court for the Province of the Massachusetts Bay Deer 15& 1697
The Petition of the Subscribers in behalf of themselves and others the ffreighto" upon
the Ship Success Samuel Turell masf driven on shore att cape Ann Harbour "by disstress
of weather
Humbly sheweth
That Yor Petitionrs are throughly Informed That y« Goods on board the said ship,
belonging to themselves, their Correspondt^ & Impioyers are very much damnified, By
meanes of Water comeing into & filling of her hold, soe as that thereby the loss sustained
is exceeding greate.
Yo' Petitiora therefore humbly pray That this high and honbie Court will be pleased to
consider the premisses by remitting to the persons concerned in the said ships Ladeing the
Impost thereof Layd upon them by Law.
And yo' Petition's as in duty bound shall ever pray &c
Jn2 Etre " Rich : Whittingham Elias Heath
Emv: Bromfiei.d John Pitts Tiio: Clerkb
Andb Belcher Charles Chaunct & C^ Walter Hungerford
Joseph Parson John Colmam ' Daniel Zaciiary
Will" Clarke Tho. Fitch." — Mass.
Archives, vol. G2, i). 232.
This petition seems to have been read a first time in the House on the fifteenth of
December and a second time on the seventeenth, when the vote which constitutes this
chapter was passed and conctirred in by the Council.
* Executive Records of the Council, vol. 2, p. 505.
{Mass. Archives, vol. 122, p. loB.
Wyman'ri Genealogies and Estates of Charlestown.
§ Soe Mass. Hist. Soe. Coll., vol. VIII., second scries, pp. '102-196.
II " This is the place through whi';li there has been a talk of raaliing a canal, this forty years."
— Prince's Annala {written in 1736 \, ed. 1828, p. 208.
[Notes.] Puovince Laws {Resolves etc.). — 1697. 581
Chap. 58. This chapter is from archives, vol. 40, p. 496. It is recorded in council
records, vol. VI., p. fiGS.
The order in Council* for the payment of the allowances granted in this chapter was
passed December 22, 1G97, and the province treasurer's account shows that the justices
were paid accordingly.!
Chap. 59. This chapter is from archives, vol. 48, p. 282. It is recorded in council
records, vol. VI., p. .568.
The order in Council* for the payment of the allowance granted in this chapter was
passed December 22, 1697.
The following entry from the province treasurer's account shows that the amount was
paid : —
" Paid James Maxwel door keeper & messenger to the Governour &
Council and Assembly in full of halfe a yearcs Salary ending the S^h
December 1697 allowed by the General Assembly . .... 15 „ — „ — ."
— Mass. Archives, vol. 122, p. 135.
Chap. 60. This chapter is from council records, vol. VI., p. 568. It is preserved in
archives, vol. 11, p. 126.
This is another instance of relief granted to a frontier town. See chapter 49, ante, and
note.
The following petition contains the representation mentioned in the preamble to this
chapter : —
"To the Honble William Stoughton Esqi^Lieut Governour and Commander in chief in
and over his Ma'y Province of the Massachusetts Bay in New England, and to the
Honiije Council and Representatives of s^ Province convened in General Assembly Decem-
ber IS'.h 1697.
The humble Petition of the Freeholders & Inhabitants of the Town of Stow within the
Province aforesaid.
Shewet"h
That the &'^ Town being very poor and small, by reason of the "War with the Indians
(to whom the same is a Frontier) and also for Want of a setled Minister, hath of late out
of Thirty six poor Families which were there setled, lost eight of them, by their removal
out of the same Whereby, together with the great diminution of our Crops and the burden
of Rates the s"} Town is more disabled from allowing meet Encouragement to the
Ministry
Your Petitioners do therefore most humbly pray this HonWe Court, That you would
please to grant some relief and help for the support & maiutainance of the Ministry within
the s<i Town, whereby more Inhabitants will be encouraged to settle in sd Town and the
present Inhabitants thereof will also be encouraged to abide & continue therein, many of
which will otherwise desert and leave the same.
And your Petii as in duty bound shall ever pray &c
In y^ name & by y ord"" of y" Town
P Tho : Steeuens Cle." — Mass.
Archives, vol. 11, p. 126.
This petition appears to have been read first in the House on the seventeenth of Decem-
ber and an order passed thereon in concurrence the same day, substantially in the form
in which it appears in this chapter.
The order in Councilt for the payment of this allowance was passed November 24, 1698 ;
and the province treasurer's account^J contains an entry showing that it was paid to the
selectmen according to the order.
Chap. 61. This chapter is from council records, vol. VI., p. 568. It is preserved in
archives, vol. 70, p. 365.
The following is the petition mentioned in the preamble to this chapter : —
" To the Right Hon^iis y Leiut' Gou^""- & Counsell & Great Asembly of y Massachu-
sits Prouince Setting at Boston this 14"i of xbr 1697
The Humble Petition of Abraham ffoster Junir of Ipswich
Humbly Sheweth that whearas jo^ Hours poor petition^ was in ye last In<ragment with
yo Enimy Shott Through y« body whear by hee is uncapable of of|| obtaining his Liueing
by Labour or doeing any Thing in order thear unto remaining Stiil under cure and Likly
Soe to Continue for a Considerable Time Humbly prays on Consideration of y p'mises
yo"' Honr^ would be pleased to Grant him y Continuance of his pay untill y« sd Cure be
Accomplished & he Shall as in Duty bound remaine
Yor HonL Huml Orator
Abraham ffoster." — Mass.
Archives, vol. 70, p. 365.
This petition was read in the House on the seventeenth of December and thereupon on
the same day the following order was passed and concurred in by the Council : —
" Ordered, In answer to this petition ; That the sd Abraham ffoster shall be allowed and
paid out of the publick Treasury the Sum of Eight pounds for Smart money, besides his
Wages until he was discharged." — Ihid.
* Executive Ilecords of the Council, vol. 2, p. 513.
t Mass. Archives, vol. 122, p. 137.
X Ibid,, p. 563.
§ Mass. Archives, vol. 122, p. 150.
II Sic.
582 Province Laws (Resolves etc.). — 1697. [Chap. 62.]
The concluding clause of the order being a subject within the province of the commis-
sioners on the war, or on debentures, was omitted by the Secretary when he made up his
records.
On the twenty-third of February, 1697-8, an order was passed in Council* for the pay-
ment of the allowance for " smart money," and the treasurer's accountf contains a charge
to Foster for that amount paid to him accordingly.
Chap. 62. This chapter is from council records, vol. VI., p. 569. It has not been
found in the archives.
A rumor had reached Boston as early as August, 1695, of Bellomont's coming over as
the successor of Sir "William Phips. This rumor was confirmed on the twentieth of the
following month by tidings brought in a brigantine belonging to John Borland which had
just arrived after a six weeks' voyage from Falmouth, England. This confirmatory
report, however, conveyed the impression that the Governor would not " come over before
the spring."
The next news concerning Bellomont's coming over was brought by Captain Benjamin
Gillam who arrived at Marblehead onthe ninth of December, 1697, " about 3 p.m., "J and
who brought over letters and passengers. One of the newly arrived passengers was John
Willard who had fled to England to escape prosecution for aiding Mrs. Gary in her escape
from Cambridge jail, in 1692, when sho was under commitment on the charge of witchcraft.
He came to Boston on the tenth, bringing with him despatches, including an order for pub-
lishing the proclamation of peace between England and France;^ and by him and others
came the report that Bellomont was akeady on his way to his government in America, in
one of the ships of the royal navy. The news being confirmed by further intelligence
brought by other vessels arriving about this time, the Lieutenant-Governor despatched the
following letter to New York by mail : —
On Friday the W>^ curr' arrived here Cap' Gillam & Cap* Bant ; by whom I was enter-
tained with the long desired & gladsom Tidings of your Ex^ being on your Voyage
towards your Governmt and I hope these will meet your Excy safe arrived at N Yorke,
the notice whereof will be exceeding welcome to me, and much more to receive the full
accomplishmt of my earnest longings to have the happiness of waiting on your ExSy
within this yoiu* Governm'
By these ships I also received a Lre from the R' Hon We the Lords Comissionrs of the
Council of Trade & Plantations, containing a Proclamation of the Peace with a Comand
for publishing the same which was accordingly with due solemnity, done here the same
day.
His Ma'ys subjects within this Province are in a present quiet and much rejoiced at the
report of your Excf» coming and at the happy news of this Peace now concluded with
France Expecting considerable relief and ease thereby Altho the Frontiers must stil of
necessity be supported, and will be obliged to continue ugon duty until the Indian
Rebels be reduced to their obedience which I hope by yo'' Ex'^y* more happy conduct will
in time be eff"ected.
I continued the General Assembly of this Province at their last session upon a Proroga^
tion unto the 15"> of this month, that they might have been at hand to attend your Ex«y
Soon after your arrival, so long with earnestness expected, which time is now so near that
it will not be convenient to prorogue them further before their coming together first, which
will have this advantage in i^to them that they may have the opportunity of making a
suitable address to yo'' Ex^^y as an happy beginning of their further dutifulness and
respects. ^^
Your Exeya directions & Coinands in whatsoever you may think meet to recoinend to my
care & observance until your happy arrival with us (which I earnestly pray may be in the
best season) shall be attended with all cheerfulness by
Sr YourEx^Ts
Boston Deer IS^f 1697 Most humble Servant
Wm Stoughton
Earle of Bellomont." — Mass. Archives, vol. 3, p. 62.
Mr. Secretary Addington also wrote as follows : —
" May it Please yoj Excy./.
The Intelligence of yor Excy? being upon yo;^ Voyage towards yof Governm'. over these
his Matys Territorys was entertained with a general Satisfaction and rejoyceing of his
Matys Subjects in this Province, and by none with greater than my Selfe, and the speedy
passage of some of the Ships that waited on yoy ExS^ part of the way Encourageing me
to hope that yor Exc^has been favoured with a like speedy and prosperous Voyage. I
could not omit my duty by this Post humbly to congratulate yoj Excys Safe arrival
within yo5 Governmt of New yorke hopeing it will not be long before this Province be
also made happy by joj Excys presence here, and that I may receive the honour of pay-
ing my duty in waiting upon yoj Ex^. what Coinands yoj Excy shall please to laye
upon me in y" mean time shall be cheerfully observed with most dutiful Regard, liis
Honour ye LJ Gov."" gives yo' Excy an acco.' of y" present State of the Province.
Humbly begging yof Excys pardon for this boldness & your favourable acceptance of the
Tenders of my most cordial duty and Service I crave leave to Subscribe
Yor Excy most humble
Obedient & flfaithful ServJ
Boston. 13* Decemr 1697. I[saac] A[ddington]." — Ibid.,
vol. 106, p. 425.
* Executive Records of the Council, vol. 2, p. 522.
t Mass. Archives, vol. 122, p. 137.
X Sewall's Diary, vol. I., p. 465.
§ Executive Records of the Council, vol. 2, p. 510.
[NoTp]s.] PitoviNOE Laws {Resolves etc.). — 1G97. 583
With more deliberation the House took into consideration the subject of appointing a
committee to wait upon His Excellency upon his arrival at New York. On the sixteenth,
as a matter of courtesy and duty, the representatives sent up a message to tlio Lieutenant-
Governor and Council, to which a courteous reply was sent down by message. These pro-
ceedings are recorded as follows : —
'♦ Some Members of the Assembly being sent up from the House to know his honours
Pleasure relating to the Nomination of Tersons to wait upon his Ex"? the Oovernour,
upon his Arrival at New Yorl^e
His honour upon Advising with the Council Sent to Inform the Assembly that it was
thought most Agreable, that the Coimcil do Advise upon the Nomination of two, And that
one be Nominated by that House." — Council Records, vol. VI., p. 567.
In conformity with the wish of the Council the committee was constituted as shown in
this chapter, which is tlie record of the concurrent action of the whole Assembly.
The vessels bringing the news of the Governor's departure from England sailed from
Cowcs on the eighth of November, at noon, making au extraordinarily quick passage, and
it was believed, therefore, that news of the Governor's arrival at New York would soon
follow; but though daily expected he did not arrive* until the first of April, when ho
reached Sandy Hook, and landed iu the city on the following day. The first information
of this arrival was brought to Boston on the twelfth by a sloop from Sandy Hook. Bello-
mont found, awaiting his coming, letters and other despatches from the authorities at
Boston. Among the rest was a proclamation for a fast which it would seem was kept, in
part, on account of the apprehensions occasioned by his prolonged absence. This procla-
mation was ordered by the Lieutenant-Governor and Council on the twenty-fourth of
February, the day of the dissolution of the Assembly, which had been prorogued from the
twenty-second of December in the hope of Bellomont's being able to meet them in a new
session.
The expressions of satisfaction at his appointment and the knowledge that a day had
been set apart for prayers for his safety were most gratifying to Bellomont. On the
second day after his arrival, therefore, he despatched the following letter to Boston by the
regular post: —
"N. York4'.haprill98.
Gentlemen
I thanke god I arriv'd safely at this place the 2^ Ins.', after a tedious troublesome voy-
age; and here I have met w"" an effectuall demonstration of your kind good wishes to
me, express'd in the Late proclamation whereby you Injoin a fast ; for which I give you
my hearty thankes, and must acknowledge the efficacy your devout prayers had in rescu-
ing me, as I believe they did, from the dangers of storms and seas, and likewise from the
sicknesse wch broke out again at Barbados some time before my Coming from thence
Insomuch as God was pleas'd to spare me and all that belong'd to me, tb6 my Lieu' Govj of
N. Y'ork who Came from Engld w"" me. Lost two senrants out of three w^^ he Carried to
Barbados. I am newly out of a fit of the gout, occasion'd as I believe by the Cold I
suffer'd on ship-board now Lately on this Coast : and because I write w'li trouble to me,
I Cannot pretend to write to you of businesse till the next occasion, when god willing you
shall hear further from Gentlemen Your very affectionate friend
and humble servant
fiFor his M'? Service Bellomont
For The hon'^Je the Lieu'. Governour and Councel of his M'.' Province of Massachu-
setts bay Boston." — Mass. Archives, vol. 106, p. 423.
On the same day, Benjamin Jackson despatched to Stoughton and the Council the
following account of the Governor's arrival and of his desire to be waited upon at New
York by a delegation from the Council : —
" New. Yorke the -1* of Aprill 1698./
May it please your Hours/
His Excellency the Earle of Bellamont, being arrived from Barbadoes, came on shoar
at this place, and was sworneon Saturday Last; of which you will Doubtlesse have advice
from himselfe, for the respect he beares to you is very great; and he has been pleased
often to expresse it in my hearing in the most Obligeing Termes.
His Excellency would take it very well, if some Gentlemen of the Councill were
appoynted to come from you to congratulate his safe arrivall, for the affaires of the
Government here, will Keep him from you for some time." — Ibid., p. 421.
These letters did not reach their destination until the fifteenth,t three days after the
news of Bellomont's reaching New York had been brought by water.
Before these letters came, preparations were already being made for the departure of
the commissioners^ and for the reception of the new Governor at Boston and for his resi-
dence there.
* i
■ April 2 . . . No News of the Governour from N. York by the Post." — SewalVs Diary, vol.
I., p. 475.
'The following is Hutchinson's brief explanation of the delay, which he prolongs a month : —
" The earl of Bellamont embarked on board one of his Majesty's ships early in the fall. The
merchant vessels, which sailed at the same time for Boston, all arrived safe with short passages;
but the man of war was blown off to Barbados, and there wintered, not arriving at New- York
until sometime In Ma.y." — HUt. of Mass., ed. 1767. vol. 2, p. 108.
t "Apr. 15. Post comes to Town. Apr. 16. His Excellencies Letter to the L' Governour
and council is read, dated Ap. 4. N. York. Thanks for Praying for Him, which saw by the
order for the Fast; doubts not but far'd the better. Shall write more by the next, was now In
pain by the Gout." — SewaU's Diary, vol. I., p. 477.
X " Apr. 14 . . . When came from the funeral, went to the Town-bouse, and there the L* Gov-
ernour deliver'd Maj' Genl Wintbrop, &c, their Comission for going to N — York." — Ibid.
584: Province Laws {Resolves etc.). — 1697. [Chap. 62.]
The following order in Council had been passed on the fourteenth to provide money to
defray the expense of the journey to New York : —
" April 14, 1698. "Whereas Wait Winthrop, Elisha Cooke & Penn Townsend Esq^ are
appointed by the Great and General Court or Assembly to undertake a Journey to New
Yorke to wait upon his Ex£y Richard Earle of Bellomont, Captain Ganei'al, & Geni
Governour in and over his Maj'y» Provinces of the Massachusetts Bay, New Yorke, and
New Hampshii-e upon advice of his Excll=-'» arrival at New Yorke, with a congratulatory
Address from this Government
Ordered: That pursuant to the Act for granting unto his Majjy a Tax of six thousand
and forty pounds ten shillings upon Polls and Estates made and passed by the General
Assembly at their session in October last past, amongst other uses applied for the support
of the Government and answering of the incident and contingent charges in & about the
same. Ml Treasurer do pay and deliver unto the said Wait Winthrop, Elisha Cooke
and Penn Townsend, or to one or more of them the sum of one hundred pounds* towards
defreying of the charges and Expences of themselves & Attendants in the aforesaid
Journey. Wm Stoughtox.
Advised and Directed. That the Gents appointed to wait upon his .Excell^z the Earle
of Bellomont at New Yorke. do draw upon the Treasurer for what moneys they shall
have occasion to expend there and on their Journey, over and above the hundred pounds
ordered them." — Executive Records of the Council, vol. 2, p. 530.
On the nineteenth, the commissioners set out on their journey, accompanied, part of
the way, by members of the Council and other gentlemen of distinction, f and bearing
with them, besides their credentials, the address and instructions adopted by chapter 66,
post, together with the following letter from the Secretary : —
" May it please yo^ Excy.
Upon ye 13* of xbr last I presum^ to pay my duty unto yo.f Excy in a few lines then
forwarded' to New yorke in hopes to have congratulatd yof Excy safe arrival there
ab' that time, the Postmaj informes me he left my Lette[rj:] with mr Levingston wcti I
hope has been presents but lest that has fail [edt] I am humbly bold to express my duty
by letting yof Excy know the great rejoyceing and Satisfaction I received from the certain
c[ontir J] mation of y" news of yof Excys preservation and being [safely in ?];] New yorke,
For well I thankfully adore ye divine goodness [and am ?t] passionatly desirous of enjoy-
ing the honour and happiness of [waiting ?|] upon yof ExO' within this yoj Governmt.
What Coinands in the [mean PJ] time yoj Excy shall please to lay upon 'me shall be
cheerfully embraced [and?]:] wta utmost diligence observ<i by him who in all things
shall studiously approve himselfe.
yor Excv most obedient Faithful Servt.
Boston April 18* 1698./. " I[saac] A[ddinoton]
Earle Bellomont." — Mass. Archives, vol. 106, p. 425.
The reply of Bellomont to this letter has not been found, although he answered the
Secretary, as appears by the following letter by Addington : —
"Boston. 4o May. 1698
May it please yo.r Excellency./.
I am greatly obliged for the honour of yof Excy? very kind Letter of the 27'-'' of April
past, and render yo"; Excy. all hearty acknowledgem.' and thankfulness for the same,
with the assurance of my utmost care and diligence to observe yof Excy? Coinands to me
therein. No ship has arrived here from England since those that came out at y same
time with yo.' Excy. one or more are daily expect*} from thence, nor have we any late
intellegence from England by way of Madera Jamaica or Barbados onely the Report of a
Fire breaking out at Whitehall, and of a war with Algier, which want confirmation. The
inclosed prints of his Ma'ys speech to the ParliamJ and the humble Addresses of the
Lords and Coinons, came to Town since the last post & were new to us which I have pro-
cured to transmit unto yo"; Excjr. not knowing whither yo^ Excy may have before seen
them or not.
This his Ma^y Province thr6. mercy is in present quiet some rumors have been of
Indians not long since seen about Piscataqua, but no mischief done by them that I hear
of, the state of Affayres here will be represent^ by the Gentn sent from heuce to wait upon
yoj Excy (now atNew yorke). since whose departure, nothing has occurred worthy
yoj" Excys. notice, as any thing do's, the Intelligence thereof shall be forwarded by him
who is w* all dutiful observance and Respects.
Yoj Excy« most obliged Thankful
and very humble Servant,
1. A." — I bid., p. 426.
On the twenty-first, Stoughton addressed the following letter to the Lords of Trade : —
"Rt Honbie
May it please yoj Lordpp?
In my Letters of the 1»' of April instant I acquaint^ yoj LordPP' with the state of
Afilxyres here, at which time I had not the Intelligence of the Earle of Bellomonts arrival
at New yorke ; but since that receiving the certain notice thereof from his Lordps own
hand, I embrace this next opportunity to let yoj LordP^ understand the same, haveing
nothing further at present to add unto my former necessary for his Maj'y' Service
I am R' Honbie Yo^ LordPP' Most afiectionate
Boston. April. 2l"> 1698./. • - - ^ ^^^^ humble Servant.
Lords Coraissionr» of the Council W. S.
of Trade &'Planta<'""»
if Cap« Rouse in y Barque Andrew & Samuel." — Ibid., p. 425.
* Maes. Archives, vol. 122, p. 137.
t Sewall'B Diary, vol. I., p. 478.
I Manuscript mutilated.
[Notes.] Province Laws (Resolves etc.). — 1G97.
585
The commissioners returned on the twenty-sixth of May and brought with them a let-
ter from His Excellency to the General Assembly.*
The expenses of this commission, amounting to £172 8». 6d., were allowed by an order
in Councilt passed November 28, 1698.
Chap. 64. This chapter is from council records, vol. VI., p. 569. It has not been
found iu the archives.
For a narrative of some of the prosecutions in which were incurred the expenses the
payment of which is provided for in this chapter see the note to private act, vol. VI.,
number 16.
The order in CouncilJ for the payment of this allowance was passed December 31, 1697,
and in his account^ the province treasurer enters this item as paid.
Chap. 65. This chapter is from council records, vol. VI., p. 570. It is preserved in
archives, vol. 40, p. 498.
With the exception of Baptiste, who it was claimed was a subject of the king of Eng-
land, the French and Indian prisoners of war appear to have been released upon the
proclamation on tlie tenth of I)cceinl)cr ;|| Imt the dates of the charges in this account indi-
cate that the prisoners remained in their old quarters under Ray until arrangements could
be made for their extradition or for their entertainment elsewhere.
The following is Ray's account mentioned in the preamble to this chapter and which
appears to have been presented on the day this chapter was passed : —
"Boston In N E 1697 —
The Country to Caleb Ray Keeper of his Maj'":^ Goal in Boston Since y®
Last acco^ given In y \3^- of October for keeping of Seuerall French
Prisoners and Indians. Is D""-
To keeping of Cap' Villeau from y? 13* of October to y 4"'. of December hee
went to Salem In order to goe to OPorto Is 7 weekes 3 days at 5/ V week 117 2
To ditto of Cap' Baptist from ditto 13'^ 8ber. to y« 18«^ December Is 9 weeks
3 Days at 5sh ¥ week 272
To ditto of 13 french men from ditto 13* 8ber to y« 24tii of nouember they
were sent abord y<= Arundell friggat by ordj of y L' Gouerno'' and Coun-
cill Is 6 weeks each person at 4/ i> week 15 12 -
To Ditto of 2 men Cap' Cap'H Gibs bound to newfoundland wch belonged to
Cap' Baptist named Isaac & Lempriere from ye 13'.'» of 8'""' to y 29'.''
nouember Is 6 weeks 5 days at 4/ l^ week each Is 2 13 8
To ditto of one of cap' Pilett his men who went w'^ aboues'' Cap' Gibbs Is
one week named Calton 04-
To ditto of 2 men Belonging to Cap' Pilett named Bertran Cofelong & Jn"
Bodry from ye 24tii. 9b« to ye 16'J» x^er Is 3 weeks 1 day Each ye went w'h
Cap' Records to Barbados at 4/ 15 1
To ditto of one of Cap' Pilett his men named Jn" Russell who was sent by
ye L* Gouern'' his order to Ipswich one week 4 days . . . . '. 0 6 3
To ditto of Pilett & his L' Paige & 2 Gent sons beloniring to Cannada for
their entertainemt of Chamber Beding & fireing, Creditably according to
ye Lt Gouern'' & Councill their order wcii cannot be afforded at this time
vnder 8/ P" week at this time for Each from ye 24tii d^er to ye 18'.'> x'^e"' Is
3 weeks 3 days each ' . . . . 5 10 -
To ditto of s^Capt Pilett his 13 men remayning and not disposed of ditto 3
weekes 3 days Each at 4/ F week 8 17 8
To ditto of Bomazyn & Shepcott Jn" his 2 sons from ye 13'ii. of October to
ye 18'h. xber. Is 9 weeks 3 days each at 4/ F week .*.... 5 13 -
To a Load of Charcoale put in 1 10 -
45 16
2 14
Caleb Rat." — Mass.
£43 1 8
Boston 18'!'. December 1697
Archives, vol. 40, p. 499.
The award of the auditors to whose decision the amount of Ray's claim was submitted
is as follows : —
" Boston February 22'1 1697/8
In pursuance of the abovewritten order We have audited the witbin ace'.' of Caleb Ray,
and judging 6/ F week to be a sufficient allowance for keeping Cap' Pilet, his Lieu' & 2
Gentns sons, for which the s<i Ray hath charged 8/ P week and also judging 4/ P" week
* Council Records, vol. VI., p. 576.
t Executive Records of the Council, vol. 2, p. 564.
t /6uZ., p.516.
§ Mass. Archives, vol. 122, p. 121.
II Sewall says that the peace was published December tenth, with " Eight or 10 Drums, Two
Trumpets: Prisoners released." — IHuri/.voL I., p. 406.
Tie also wrote as follows to Sir Henry Ashurst : —
"... Capt. Gillam had the happiness to Arrive at Marblehead upon Dec. 9 : By which means
the Orders were received, and the year begun with the Proclamation of the Peace, on the Tenth;
which was done by beating of Drunim and sound of Trumpet, and very loud Acclamations of the
People. The Lt. Gov% Council, and many Gentlemen besides, being assembled at the Council
Chamber on occasion of this solemnity. The Prison doors were opened, and the French Prisoners
cheered with wine but more with Liberty." — Letter-Book, vol. I., p. 194.
« Sic.
586
Peovince Laws (Eesolves etc.). — 1697. [Chaps. 66,67.]
ing
£43„2„8-
to be a sufficient allowance for keeping the within named Cap' Baptist, (who is not kept
better than y« ordinary Prisoners), We think £2^ 14 „ 4^ ought to be subducted from the
within accompt, So that the sum due to the s<^ Caleb Ray by the &>{ accompt for keep-
the French & Indian prisoners within mentioned to the 18t}i of December last is
Is^ Addington
John Wallet." — Ibid.,
p. 498.
Though rendered in the vacation of the General Court this award was deemed a suffi-
cient foundation for an order in Council,* which was passed the next day, for paying £43
2s. 8d. on this account and the two accounts allowed by chapter 50, a7ite, making a total
of £179 17s., which it appears by the province treasurer's accounts was paid accordingly .f
Chap. 66. This chapter is from council records, vol. VI., p. 570. It has not been
found in the archives.
The address and instructions mentioned in the preamble to this chapter, and of which
no copy of either has been discovered, were taken to Bellomont by the commissioners that
were appointed by chapter 62, ante. See the note to that chapter.
They were first read in the Council, on the eighteentli of December.
Doms Rex
II
Inaae Rice
Walt' Shephrd
Chap. 67. This chapter is from archives, vol. 40, p. 491. It is recorded in council
records, vol. VI., p. 571.
The joint petition of Shepard and Rice and the preliminary action thereon by the General
Court are given in the note to chapter 48, ante. The hearing before the Assembly upon
this petition was had at the fourth session, according to appointment. The petitioners
produced the following copy of the warrant issued for their arrest by Mr. Justice
Browne : —
" Middlesex ss To the Sherrif vnder Sherrif or Marshal of the sd County or their or
-— ^ either of their Deputies. Or Constable of Sudbury.
(s*ai) Complaint being made vnto mee by Hezadiah coinonly called Dia
^-' flFayrbanks that Walter Shepheard & Isaac Rice of Sudbury have made
& delivered A Lybell vnto M^ James Sherman pastor of Sudbury which containeth flfalse
sayings to herj defamation which is contrary to Law & to the breach of the peace of our
Soveraigne Lord the king. Therfore you the abovsd Sherrif vnder-Sherrif or Deputy or
Constable are or is requu-ed in his Majesties name to take or apprehend the sd Walter
Shepheard & Isaac Rice (if they may be found in your precincts) & them forth with bring
before mee Thomas Brown one of the justices in the sd County to answer the premesies.
& further to doe & receive as to justice shall appertaine. Hereof faile not at the Pill of
the Law in this Case made & provided. Dated in Sudbury Augu [st^ j the 24*> In the
ninetb yeare of the reign of our Soveraigne Lord king William the thi[rd^] 1697. Thomas
Brown justice of the peace
This is a true copy compared with the original on fyle
attests Thomas Browne justice
of the peace." — Mass. Archives, vol. 40, p. 4S5.
They also produced the following copy of the record of the judgment against them, and
a copy of the bill of costs : —
" In the case of Lybelling against Isaac Rice and Walter Shepheard at A Court held in
Sudbury Sepj S'-t" 1697. before James Mynot & Thomas Brown Esqrs justices of the peace
wee fyne them ten shilling each of them in money to the king & to pay costs of prosicution
This A true Copy of the Comts judgment on Record therhence drawn & examined
by me Thomas Browne justice
of y« peace." — Ibid., p. 489.
" At A Court held before justice Mynot & justice Brown at Sudbury the 8"» Sepj 1697.
II > d
for the writ 0:1:0
for the sherif servg : 1 : 0
for his ridein 25. miles at S"* F m 0. 6 : 3
Dia ffayrbanks 3 dayes 0. 6. 0
M"- Bro\vns attend" 3 0. 6 : 0
for5Sumonses 0. 1. 3
for 2 witneses 3 dayes Sam : Stow & Ja. Hosmer 0. 12. 0
for 2 witneses I. day Jon. ffayrbanks & Eliz : Hosmer 0: 4. 0
Tho : How 2 dayes : 0:4:0
fyleing 13 paFs : . . . 0 : 2. 2
2. 2 8
Allowed Sep: 8 : 1697 : 2. 2 : 8.
This is allowed by James Mynot jus
Thomas Brown
This is A true copy of the orioginal on fyle
as attests Thomas Browne justice
of the peace." — Ibid,, p. 490.
* Executive Records of the Council, vol. 2, p. 521.
t Mass. Archives, vol. 122, p. 137.
i Jonas Fairbanks of Lancaster, who was killed by the Indians in 1676, had a daughter Hasadiah,
born in 166S, who, probably, was the complainant in this case ; but what was the libellous language
alleged to have been written of her to her pastor has not been discovered.
§ Manuscript mutilated.
11 Versus omitted.
[Notes.] Province Laws {Resolves etc.). — 1698. 587
They also filed the written depositions of John Brigham, Samuel King, Daniel Haines,
Joseph Sherman, Juhu Lolvcr, Matthew Itico and Thomas Sawin, sustaining the allegations
of their petition.
The justices appeared, according to notice, and, without denying the allegations of fact,
professed their ignorance of the alteration in the law with regard to appeals — the act of
November 1, 1692,* which was the only express statute against lying and libelling, and
which allowed no appeal from the sentence of a justice of the peace, having been changed
in this respect by the act of June 28, IGOu.f
The hearing was on the twenty-first of December, and the next day the order constitut-
ing this chapter was passed, in concurrence.
At a court of General Quarter Sessions of the Peace, held at Charlestown, on the eighth
of March, 1697-8 — Mr. Justice Browne being one of the justices sitting — the appeal of
the above-named petitioners was allowed, and proceedings were had, of whicli tliu I'ullow-
ing is the record : —
" Walter Sheppard & Isaac Rice appi'^. agst yo procedings of James Minot & Thomas Bheppard &RJce
Brown Esq^.s p'suant to an order of y° Generall Assembly laid before this Court, whereby vrmg
they are ordered to haue tlicirc appeal (which they were denyed) from y Judgment or Justice Brown
proceedings of James Minott & Thomas Browne Esq''^ at a Court l)y them lield at Sud- & Justice Mlnott
bury Sepi|>' 8 : 1697. where Isaac Rice & Walter Shepard were lined Ten shillings Each of
them to y^' King in money and to pay Cost of prosecution
The parties viz' Walter Sheppard & Isaac Rice ye Appell's and Thomas Browne Esq'',
and ye whole Case being heard and declared was Committed to ye Jury who Returned
theire verdict thereon finding ye Reversion of ye former Judgment and Cost of Courts.
The Court upon Adviseing hereon Confirme ye Reversion of ye fiformer Judgment." —
Records of the Court of Sessions, in the office of the Clerk of the Courts for Middlesex
County.
Chap. 68. This chapter is from archives vol. 70, p. 367. It is recorded in council
records, vol. VI., p. 572.
This chapter was passed upon consideration of the petitions of several soldiers wounded
in the eastern expedition under Major March. See further, resolves, 1699-1700,
chapter 15.
1698.
Chap. 1. This chapter is from council records, vol. VI., p. 577. It has not been found
In the archives.
The following is the vote of the Council inviting Noyes to preach the election sermon
this year: —
"April 18, 1698. Voted: That Ml Nicholas Noyes Minister in Salem be desired to
preach a Sermon in Boston upon the last Wednesday in May next being the 25*1} of the
same, unto the General Assembly appointed to convene on that day." — Executive Records
of the Council, vol. 2, p. 533.
This vote followed the precedent of resolves, 1692-3, chapter 8 ; q- v., and the foot-note.
Nicholas Noyes was minister of the First Church in Salem. His sermon, the text of
which was from Jer. xxxi. 23, was printed, with a long title beginning "New Eng-
land's Duty and Interest," etc. See Sibley's Harvard Graduates, vol. II., p. 244.
On the twenty-ninth of August, Sewall sent the first bound copy of this sermon, with a
letter, to the Earl of Bellomont, at New York. On the nineteenth of September he sent
five more copies and another letter. Both of these gifts, as well as the second letter, he
records in his Diary.
" First Letter was Augt. 29 ; sent the first and only book that was then bound in red
leather." — Vol. I., p. 483. See ibid., pp. 478, 480, 484.
Chap. 2. This chapter is from council records, vol. VI., p. 578. It has not been found
in the archives.
Of Bridger, whose name as well as Bellomont's he invariably misspells, Hutchinson
gives the following account : —
" John Bridges came to New-England by way of New-York in 1698, in the same ship
with lord Bellamont. He was commissioned, together with Benja. Furzer, by the
commissioners of the navy, to enquire into the state of the country and its capacity
for producing naval stores, and they were to survey all the woods, not meerly for masts,
but for oak timber for shipbuilding, for trees for tar, pitch and turpentine, and for
land suitable for hemp. There being no hopes of success from the other parts of the
commission, it was soon confined to the preservation of masts and, so far only, served
as a precedent for succeeding surveyors of the woods." — Hist, of Mass., ed. 1767, vol.
2, p. 221, note.
The following extract from a letter to Lieutenant-Governor Stoughton, dated New York,
April 4, 1698, throws tnrth# light upon the constitution of this commission appointed to
survey trees suitable for masts and for ship-timber, and to purvey stores for the royal
navy ; and it will also serve to correct some errors in Hutchinson's account of Bridger : —
"The two Gentlemen that were Nominated by the Navy board, for Comrs for Navall
Stores, w* whom m^. Partridge and my selfe are_Joyned, being both taken sick, are yett
in Barbadoes, but I hope they will come with Capt : Hobby, who was near ready to sayle
when wee left Barbadoes ; If they should dye (w':'* God forbid) wee have Power notwith-
standing to proceed in that affaire.
♦ Province Laws, 1692-3, chapter 18, § 7.
t Ibid., 1695-6, chapter 9, § 1.
588 Province Laws {Resolves etc.). — 1698. [Chap. 3.]
I am assured of his Excellencyes encouragement & assistance, and humbly pray for
the same from your Hon^, and Doubt it not, since it is soe much for his Majtt.e' service,
and the Interest of New-England, w=ii by being made soe usefull to England, will be much
more Esteemed there and may expect greater favours from thence by this then by any
other meanes whatsoever, and alsoe be made rich and great thereby. But if this be not
carryed On for the Countreyes advantage for want of Due encouragement to those that
are imployed in it, it will fall into such [hands*] as will manage "it to the Countreyes
great [*J Disadvantage, with all imaginable respect I Subscribe my Selfe
Your Honr? most Faithfull
Obedient Humble Servant
Benja Jackson." — Mass.
Archives, vol. 106, p. 421.
Neither Bridger nor Furzer is mentioned by Beatson or Haydn, although both of these
authors give the name of Daniel Furzer as at that time surveyor of the royal navy. The
sur\'eyor had two joint siu-ve.yors to assist him; and possibly Bridger may have been the
junior of these, with whom, also. Partridge and Jackson appear to have been associated
in this country. Benjamin Jackson was of Boston during Phips's government. He was
the private secretary and a steadfast friend of Pliips, whom he seems to have accompanied
* or followed to England. Of him Hon. James Savage thus briefly writes : —
"Benjamin Jackson, whom Sir William, by a disputed exercise of authority, had
named his deputy to act as naval officer here. He was charged as accessory in the inde-
cent assault made by the Governor upon Brenton, the king's collector in Boston." —
Notes on a letter from Elisha Hutchinsox in Proc. Mass. Hist. Sac., vol. II., p. 298.
Partridge, who was afterwards Lieutenant-Governor of New Hampshire, although he is
not mentioned as one of the commissioners in the letter from Bellomont to the Lords of
Trade (an extract from which is given below), did actually serve as surveyor, to the great
annoyance of Bellomont who charged him with exercising his authority for his private gain ;
that is, in procuring timber to be shipped to Portugal, on his own account, that he should
have purveyed for the English navy.
The following is the extract from Bellomont's letter : —
" A foolish and unhappy parcimony in the surveyors, Mr. Bridger, Mr. Furzer and Mr.
Jackson, the two first appointed by the Admu'alty and Navy Wards, and the latter by
Sir Henry Ashurst, to make survey of the woods, and other conveniencies, in these His
Maj'i'^s territories for Naval Stores, has been the occasion of great disappointment and
losse of time in that affair. They were ship'd on board the Deptford, by an order of the
Admiralty, of their procuring, and so were forced to Barbados where Mr. Furzer and
Bridger fell sick of the Feaver three or four days before I left Barbados, contracted by a
debauch they made ; Mr. Ftu'zer dyed, who I believe was the best of the two, but Mr.
Bridger recovered, followed me hither, and I have sent him to Boston with a letter
earnestly recommending him and the design he is imployed in, to their eflectual kindness
and furtherance, a copy whereof I now send your Lordships. Mr. Jackson is still here
upon some businesse, but is to follow Mr. Bridger in a day or two ; my letter is directed
to the Lieut. Gov Council! and Assembly, and will go to them in a fit juncture of time,
because the Assembly of that province are now sitting. One thing I am apprehensive
may somewhat obstruct the progress of this design for the present tliough the Govern' of
Massachusetts Bay were well affected to it, and that is the Eastern Indians being still in
warr with the English of that province (as by a copy of Mr. Usher's letter to me your
Lordfs will see) it will be very expensive for the Province of Massachusetts to maintain a
sufficient Guard for the Surveyors, but if they require it of me, I'll furnish them with
forty or fifty soldiers from this and the other garrisons in this province." — Provincial
Papers, New Hampshire, vol. II., Part I., p. 344.
No copy of the proposal mentioned in the preamble to this chapter has been found, but
the fact of its presentation is thus recorded : — ■
"May 26, 1698. M"' Bridger one of the Purveyors for Naval Stores for his Maj''«» Service
presented unto his honour the Lieut Governour a Letter from his Excellency the Earl of
Bellomont, directed unto the General Assembly referring unto that Affair, which was read
at the Board, and Sent Down unto the Assembly." — Council Records, vol. VI., p. 576.
Neither the names of the House members of the committee, whose appointment was
provided for by this chapter, nor the report of the committee, has been found, but
probably the latter was substantially the same as chapter 22, post.
Chap. 3. This chapter is from council records, vol. VI., p. 580. It is preserved in
archives, vol. 11, p. 127.
The following is the petition mentioned in the preamble to this chapter : —
" To y« Hono™''i8 W™ Stoughton Esq' L" Govern'' & the Counsell & Rep'sentatives Con-
vened in Gen" Co^e this 25 May 163S_
The Humble Petition of Abram Williams of Marlborough
Humbly Sheweth, that Whereas yo"" Petition'' hath of late meete with much difflcultie &
disatisfaction at the proceedeings of Thomas flForbush against me in a way of Law, some-
thing of which I shall here relate, & haveing Libertie I shall ifiore fully make to appeare
Before yo' Hono's ; The s^ Thomas Qbrbushes Wife haveing shewed her desires to joyne
in full CoiTiunion in c Church o'' Pasto' p'sented her desires to the Church & her declare-
ation being Brought & reade l^efore the Church o' Rev' Pasto"' (as is Useall to doe)
declared a libertie to any of the Brethren to p'sent any Objection they might have. Where-
upon I then being p'sent & haveing Knowledge of her Unworthy carriages & behaviour of
her self in Useing Vicious & Corrupt Languiges I then Objected against her and sayd her
Conversation & her declareation did not agree & being vrged Wherein ; I sayd as I Knew
* Manuscript mutilated.
[Notes.] Province Laws (i?eso?ve5 e^c). — 1698. 589
it in my Conscienco to bo that sho was both Scandoulous & Clamorons Upon which "Wit-
nesses of sayd words are improved ajrainst mo & s'' fibrhush in his Wives behalf hath
prosecuted ai^ainst mo Before tho Worship" Thomas Brown Esq' Obtaiacd a judgem' ags'
mo for dcfameation of s'' Wocman & was (lined 15« money cSc Costs 11» money Although
Witnesses might have beenc Oljtainod to have Cleerod mo, had the Authoritie of y Law
beeno attended to have caused the Witnesses to have Given in their testimonys as thoy
should & Ouiiht to have done Nevertheless y" aboves'' Extremities are put upon me &
Besides all which I am Bound with two Sureties to his Majt's Peace; Now My desire is
That yof Ilono" would please (although I have inconsiderately Neglected the pleadeing
tho Grant of an Appealo from s'' Sentence in season according to Law) To Grant That I
might have an Appoale to y Next Qu"^ sessions of the Peace in tho County of Middlesex,
Haveing Now Obtained full Evedences in this matter to cleere my Name & reproach I lye
under & am like soe to doe if I can have No Releife from s'^ Judgcmt & proceedeings agst
me as alsoe to put an End to the Uncomfortable trouble I meete with all at home Upon
the same account & for yc Hono" I shall Ever Pray. —
Abham Williams." — Mass.
Archives, vol. 11, p. 127.
This petition was read in Council on the thirtieth of May, and on the next day the
following resolve was passed thereon and sent down for concurrence : —
"Resolved, That the Petj have a hearing in forme of an Appeal as prayed tor." — Ibid.
The House on the first of June " resolved a concurrence."
It has been found impossible, thus far, to explain the following subsequent entry,
which casts some doubt ujioii the former record ; l>ut, in the al)sence of the House Journal,
it can only be surmised that the Secretary made this last entry through inadvertence: —
" June 4, 1698. A Bill to enable Abraham Williams of Marlborough to appeal from a
Sentence given against him by Justice Brown unto the next Sessions of the Peace in
Middlesex was read, and resolved to be engrost, and Sent down for Concurrance." — Coun-
cil Records, vol. VI., x). ass.
No entry of this appoal has been found in the records of the Court of Sessions for
Middlesex County, which seems to confirm the suspicion, caused by the apparent incon-
sistencies in the council records, that the resolve was not consented to by the Lieutenant-
Governor.
Chap. 5. This chapter is from council records, vol. VI., p. 586. It is preserved in
archives, vol. 70, p. 373.
The following is the petition mentioned in the preamble to this chapter : —
"To the Honourable W'" Stoughton Esqf Leiu' Govj &:c: of his Maj'' province of
the Massatusets Bay in New-England, together with the Honoured Councill, and Repre-
sentetiues, asembled in Gen\i Court, at Boston May ye (25"») (1698) in the tenth Yeare
of his Maj's Reigne. &« '
The petetion of Jam? Converse of Woobourne in the County of Midd^ in ye afors^
province,—
Humbley Sheweth
That your petetionf haueing been Considerably Improued In his Maj'» service in this
present warr with the Indians, for severall Years together, as most of Your hon^s know,
— but your petetionj hath not Yett rec^ j^e acustomed wages, nor that Incouragment,
that others (of the like Circomstances ) liaue had ; for in the Yeare ninty, & part of the
Year ninty one, by a Comission from the Govj and Councill, for halfe A yeare together,
he held a truce with the Indians, in ordj to the Redemption of Captiues, for which service
he reed but flue poimd pf month, there was six pound of ye acustomed Wages kept
back, also in ye Yeare ninty three Your petetil (by A Comission from his Exelencey S'
"VV'p Phipps) had the Cheif Coriiand of A smalf Regament, against the ffrench and Indian
Enemy, as Majf, which Expedetion held about three months, at which time also your
petetioj recj but Eight pounds pj month, when as the Rule of this Court then was, and
pas^i into an act since, ten pounds pj month, so that there was six pounds kept back of
the acustomed Wages, also If Your Hours pleas to Remember, that som other Comanders
of the like Circomstances, as Maj.'' Church and Majj March, did not only Receiue ten
pound pf month wages, but money to bare their Expence, for Mustering and the like,
one of them twenty seven pound, ye Other Eighteene or twenty, now ye Comision^s prom-
ised your petetionj that as Maj.r Church and other Comanders of the like nature, did
receiue, he should haue the same made vp to him afterwards, and Your petetionj" hath
Exspended of his own money vpon these Ocasians aboue thirty pounds, and hath not
reed one peney of the Counti-eys to help therein, and the most part of the pay ho rec?
was in bills, which then were sold som for twelue som forteene or sixteene shills in y?
pound, whereby your petetionj lost Considerabley ; som Coiiiand";^ bought their mens
debentr* undj price, whereby som haue been s^ to advantage themselues hunckeds of
pounds, but your petetioj never bought somuch as one th6 ho had ye offer of many hun-
dreds,— so yj in the whole he never Reed clear for his Wages not three shillings a day,
and somuch a porter might haue had, every day, besides your petetionj supplyed the
place of A Chirurgeon in his severall Companyes for near two years, and as yett hath not
had one peney allowance, which saned the province aboue a hundred pounds, and further
ye former, or at least) other Comanders haue had the bennifit of Captiues & plunder but
your petj had all his captiues Improued : to redeeme som of our English, Majj Church
had fine pound apeice for his. Your petetionj also in ye Year (93) did by the Goverrs
orders twelue days hard work at Salco fort, in clearing "ground near twenty acres, and
diging stons (made hand barrows) and Carryed them to place, and dugg clay and loom
enough to build the fort with (as was Judged) other Comanders haue been allowed for
such extraordenary work but your petetioner was allowed nothing, and furthermore your
petitionj in ye Year (92) was sent eastw} in ordj to ye Redemtion of captiues, where jy
590 Province Laws {Resolves etc.). — 1698. [Chaps. 6, 7.]
lay a long time in cold wether, and he being 111 when he went from hom, got an exstream
Cold in his head, which much Impairs his hearing, of which Mallady (as yet) he can gitt
no Reinody th6. he hath been at pains and cost about it
The premises Considered in each and every part. Your Honrs petetioj humbley prays
that he may haue ordered him by this Court som meet Compensation, in A way of equety
compared with others of his fellows, as to al j" former perticulers, but as to his loss of
hearing which ye providence of god (purely vpon yt ocasian) brought vpou him, he never
exspects A full Recompence, how ever what this high and honourable court pleaseth, he
hopes shall make him quietly submitt, how ever it may pleas god to dsale with him in y«
matter and Remaine in all bounden dutyes ever to pray &.c :
Jams Converse." — Mass.
Archives, vol. 70, p. 372.
This petition was read in the House on the twenty -eighth of May, and referred to a
committee. On the seventh of June, probably upon tlie report of this committee, a resolve
was passed that the " petitioner shall be allowed and paid out of the public treasmy the
sum of twelve pounds as a compensation for the premises within mentioned." This
resolve, in which the Council concurred on the eighth, was recast by the Secretary into the
form in which it appears in this chapter.
The order in Council* for the payment of this allowance was passed July 22, 1698, and
the next accountf rendered by the province treasurer contains a charge of this amount as
paid to Converse.
Chap. 6. This chapter is from council records, vol. VI., p. 586. It is preserved in
archives, vol. 70, p. 378.
The following is the petition mentioned in the preamble to this chapter : —
" To the Honobie William Stoughton Esq^ Lieutenant Governour : and to the Council and
Representatives in General Court Assembled.
The humble Petition of Eliezer Rogers of Plymouth
Sheweth
That your Petitioner being a Soldier under the Coinand of Captain Thomas Dymock
did on the ninth day of September last (1697) receive Several wounds in an Engagem' with
the ffrench and Indians att Winagants. particularly he was shott through the ThigH, and
through the right side of his head which put out his Eye, and has made him in a great
measure incapable of his Employment.
YoT Petitioner therefore humbly prays that he may have his Cure perfected att the pub-
lick Charge, and may have such further Stipend and pension as to this Honobie Court
shall Seem reasonable,
and yof petitioner as in duty bound shall ever pray &c
EliBAZBR nOGBRS." — Mass.
Archives, vol. 70, p. 378.
■ On the thirty-first of May this petition was read in the House, and committed ; and on
the seventh of June a resolve was i)assed grauling the allowance to Rogers, as set forth
in this chapter, Ijut without any description of his injuries. In this resolve the Council
concurred, on the eighth, and the Secretary, according to his custom, when he recorded it,
added the last twelve words of the chapter.
The order in Councilt for the payment of this allowance was passed on the twenty-
second of July, and the province treasurer's account^ contains an entry showing that it
was paid.
Chap. 7. This chapter is from archives, vol. 70, p. 379. It is recorded in council
records, vol. VI., p. 586.
The provocation which induced the passage of this chapter was the murderous attack
of the Indians upon Andover the previous spring," when between thirty and forty Indians
surprised the town, killed five persons, burnt two houses and two barns with cattle in
them — set another dwelling-house and the meeting-house on fire; but the fires were
happily extinguished before they had done much damage. . . . They took Colonel Dudley
Bradstreet and family and carried them about fifty i-ods from his house when they halted
and dismissed their prisoners without oflFering them the least injury. "||
The hostile attitude of the Indians at this juncture is properly called a "rebellion,"
since it occurred after the peace between France and England, settled at Ryswick, had
been proclaimed on this side of the Atlantic, and after the Indians had understood that a
permanent cessation of hostilities was to follow, and that they were to resume the fealty
to England that they had formerly repeatedly professed.
The following is the record of the first measures taken to pursue these rebels : —
"Feb. 25, 1697-8. Upon Information given by some persons from the Town of
Andover of the depredation and murders committed upon some of his Maj'y'^ subjects
there and at Haverhill by the Indian Enemy and Rebels upon the 22'2^ of this Month,
and of the pursuit that had been made out after them without any effect; withal signify-
ing that it was thouglit feareal)le11 at this season to pursue and follow them unto the "usual
places of their randevouz, and that divers able Men in those parts, used to the Woods and
to travail on the snow were ready to attend his Maj'y'^ service for such an Expedition, if
called thereto, so that they be made up one hundred able effective Men.
Advised : That his honour the LieutL Govr &!» do appoint and order Lieutl Col :
Elisha Hutchinson, Col. John Phillips and Lt. Col : Joseph Lynde forthwith to under-
* Executive Records of the Council, vol. 2, p. 549.
t Mass. Archives, vol. 122, p. 148.
X Executive Uecords of the Council, vol. 2, p. 550.
§ Mass. Archives, vol. 122, p. 150.
II Thanksgiving Sermon by Rev. William Symmes. Salem : 1769, p. 16.
TF Sic: feasible.
[Notes.] Province Laws (liesolves etc.). — 1698. 591
take a jonrnoy unto Woohoiirno and such other Towns adjacent unto Andovcr as they
shall think needful, with full Commission & authority to cause a detachment to bo made
of one hundred ablemen fit for travail and service, if they receive information and
encouragement that such an Expedition is practicable at this season, and that such a
number of Men fit & capeablo of the same with all necessarys can be speedily raised and
procured, and to carry with them blank Commissions to insert the names of such persons
for Officers as they shall think fitt to take the conduct and command of s£ Company, and
to forward the same." — Executive Records of the Council, vol. 2, p. 52o.
An order in Council* was passed June 10, 1(598, for payin<? £G 2.s. to Captain Timothy
I'liillijis, sheriff of Middlesex (bounty, for the service and expenses of himself and his
assistants in seizing and Ijringiiig to Boston, fi'om Sherborn, " two Indians, father and son,
commonly known l)y the name of David, suspected to be confederate with the Indian
rebels ami of being in company with tliem at the committing of the outrages and murders
in the town of Andover in February last."
In tliis assault upon Andover, Captain Pasco Chulib, who surrendered the fort at Pema-
quid, was the most conspicuous victim of the relentless cruelty of tlie savages. A great
wrong seems to have been done to the memory of this unfortunate officer both in regard
to his treatment of the Indians at Pemaquid and to liis surrender of the fort. As to the
former, it does not appear that his action was not in accordance with his instructions, and
as for the latter, it ought to be his sufficient vindication, that, after an indictment against
him for high treason liad been procured Ijy what looks like undue pressure, and after he
had l)een held a prisoner, in close confinement under that charge, so long that the House of
Representatives voted it a grievous infringement of the rights of the subject, he was tried
and acquitted.
The record of his indictment on the first, if not the only, case of high treason tried in
Massachusetts, during the provincial period, is given below : —
" SufFolke ss. At his Ma'ies Superiour Court of Judicature Court of Assize and General
Goale Delivery holden at Boston for the County aforesaid on the last Tuesday in April
1697. being the 27':'> day of sd month.
Before the Honb^e Thomas Danforth. I
Elfsha Cooke?& [ ^^1=' Justices -
Samuel Sewall J
Pasco Chubb late Commander or Capt. of His Maj'ip fFort at Pemaquid in the province /j p _
of the Massachusetts Bay in New England was presented by the Grandjurorg for Our v'er
Sovereigne Lord the King upon their Oaths ; For that the s^ Pasco Chubb as a false Pasco Chubb.
Traytor against Our Sovereigne Lord the King afores"?, his Lawfull Prince and Sovereign
Lord, not haveing the fear of God in his heart, nor weighing his due allegiance, but being
seduced by a Divelish Instigation, his Hearty Love and true and due Obedience, which
True & faithfull Subjects of Our s<i Sovereign Lord the King towards him do and ought
to bear, intending altogether to withdraw blot out & extinguish. Upon the fiifth day of
August 1696 in the Eigth Year of His Maj'jes Reigne at the s<i flFort of Pemaquid feloni-
ously maliciously, and Traito''^ly against Our Sovereign Lord the King to His Maj'i?^ Ene-
myes the ifrench Kings Subjects was adherent; and the sd fFort at Pemaquid (of which he
the s4 Pasco was Capt. or Commander in Chief) to the Open and declared Enemyes of
Our Sovereigne Lord the King, the ffrench Kings Subjects maliciously wickedly and
Traitoursly, Voluntarily did yeild up and deliver, against the peace of Our Sovereigne
Lord the King his Crowne and Dignity ; and the Law of this province in that case made
and provided.
Upon which Indictment the abovenamed Pasco Chubb was arraigned; and upon his
arraignment pleaded Not Guilty; and put himselfe for Tryal on God'and his Country; a
Jury being accordingly Sworne, James Smith Foreman, "(no Challenges being made by
the prisoner) The Indictment was read, and the Evidences for the King, and likewise the
prisoners Defence fully heard ; The Jury went out to agree on their Verdict, who Return-
ing did in Open Court deliver their Verdict upon Oath, That the s^ Pasco Chubb is Not
Guilty." — Records of the Superior Court of Judicature, 1686-1700, p. 118.
Chubb surrendered to d'Iberville and Bonaventure on the fifteenth of August,t 1696, and
the latter took full possession of the fort the next day, and spent the two following days in
destroying it. Charlevoix declares that his men compelled him to capitulate.t By the
following letter and invoice from the commissioner of war, it would seem that fresh sup-
plies of men and provisions must have reached him before the enemy had invested the
fort : —
"Boston ye IZ'li July 1696
Capt Chub
By ye yoattj Dragon There is by ye order of ye Leivtt Gov fTourty souldiers sent to
Reinforce his majestys Garrison it is hoped they may come seasonable for yr relelie
& for ye safety of the ffort, they had come sooner if ye comand' who were to raise part of
ye sould" had not delayed beyond expectation, There was a shallop sent to give you
notice of ye fifrench men warr vpon ye coast & of ye Report of a body of fifrench &
Indians moveing to ye westward yr is allsoe by sd yoatt^J some provisions sent as ^
Acc« herewith sent & Three barrils_of powder if y l)e want of any thing let vs lieare
by ye LeivJ of ye man of warr yt comands ye yoatt§ who is to return hither with what
speed he can This is ye needfull at present from Your^
John "Wallet.
* Executive Records of the Council, vol. 2, p. 537.
t Hutchinson, and others after him, fix the date as the fourteenth of July; but Mather declares I
that it was the fifth or sixth of August, which agrees with the French " Relation," allowing for the
difference of old and new style.
X Shea's Translation, vol. V., p. 25.
§ Sic : yacht.
592 Provinok Laws {Resolves etc.). — 1698. [Chaps. 9-15.]
Send a Lyst of ye sould" now delivered you & let vs therein Know w<=h were ye sould"
■ taken from Capt Ernes ship, & give a Receit to ye Leiv' of ye men & provision deld you
Send word how long you reckon ye prov : ) J W
you have & now sent will last you- — ' j _
Invoice of provision' shipt aboard ye yoatt* Dragon vnd' coiuan[dt] of C[apt.t]
Bla[grovet] to be delivered at pemaquid to Capt pasco Chub for his majestys service July
17tt» 1696
2 Hogsheads Bread 7 Bar : Beafe
2 hogsheads pease — 34. bush 5 Bar : pork
5 bar : flBower 4 bush : of pease
3 Bar : powder." — Suffolk
Court Files.
This letter has two endorsements or directions ; one " L^^ to Cap".e Chub. July. 17° 1696,"
and the other " To Cap' pasco Chubb Att pemaquid dd.""
Chap. 9. This chapter is from archives, vol. 70, p. 380. It is recorded in council
records, vol. VI., p. 588.
The proposals which form this chapter emanated, as appears in the chapter itself, from
the House. The extract from the executive records given in the note to chapter 11, post,
shows how soon the Legislature was forced to enlarge the establishment thus provided for
in order more effectually to defend the western frontiers.
Chap. 10. This chapter is from council records, vol. VI., p. 588. It has not been
found in the archives.
The order in CouncilJ for the payment of this allowance was passed July 22, 1698.
Only £21 18s. lie?, of the allowance to Preble and Austin appears as paid in the province
treasurer's accounts, § which are imperfect aljout this time.
Chap. 11. This chapter is from archives, vol. 30, p. 437. It is recorded in council
records, vol. VI., p. 590.
The following entry in the executive records of the council shows more clearly the
nature of the service for which English was rewarded by tliis chapter : —
" June 12, 1693. Upon Intelligence received that an Indian called Jo English formerly
imployed in his Maj'y service against the Indian Enemy and Rebels and wounded in the
said service, and taken prisoner about twelve Months since, is lately come in to Deerfiekl
who relates that he came from Canada about five weeks since in company of a party of
Indians with some French joyned.to the number of near seventy in the whole (from
whom he made his escape) and that sixteen of them are designed for Deerfield, and the
remainder to assault the Frontiers lying upon Merrimack.
Advised : That thei-e be forthwith a Levy made of one hundred and thirty Souldiers in
two Companys, one whereof to be posted on the Frontiers about Chelmsford, Groton and
Lancaster, and the other Company to be imployed on the Frontiers about Andover,
Haverhill and Aimsbury for the better enforcement and defence of the Frontiers and the
repelling and suppressing of the Indians or others, that shall attempt any hostilitys
against his Maj'y'» subjects.
Advised also : That the said Intelligence be dispatched by the Secretary unto his Excel-
lency the Earle of Bellomont at New Yorke by the next Post, and that his Excellency be
humbly moved to restrain the Schattacook or River Indians from coming to the Eastward
of Hudsons River or to transplant and place them in some of the Western Castles of the
Five Nations that they may be the better prevented of joyning with or assisting of the
Indian Rebells in this Province and to order the calling home of such as reside amongst
them." — Executive Records of the Council, vol. 2, p. 538.
Another order in Council, || for the payment of the allowance granted by this chapter,
was passed on the twentieth of June.
Chap. 14. This chapter is from council records, vol. VI., p. 592. It is preserved In
archives, vol. 58, p. 172.
Chap. 15. This chapter is from council records, vol. VI., p. 593. It has not been
found in the archives.
The following is a copy of the letter written by Secretary Addington to accompany the
address which was enclosed to the acting agents of the province in London : —
"Honbic S."/-
The Inclosed congratulatory Address of the Gen" Assembly unto his most ExcellJ Maj'y.
on occasion of the late Peace, and the appointing and sending of so noble and worthy a
Lord to be our Governor is by their direction put under cover unto yoj Selves, to be pre-
sentd in the Speediest & most fit Season by yo^ hands, requesting yo; care therein I am.
Honi'''^ Srs
Boston. June. 28* 1698./. Yo^ most affectionate humble Serv'.
I: A.
This together w'-'' y« Address from j" Assembly
and m' Speakers L^ sent F Capne Gwinn.
S"' Henry Ashhurst & Constantine Phips Esq'.." — Miss. Archives, vol, 106,
p. 426.
* Sic : yacht.
t M ami script mutilated.
j Executive Records of the Council, vol. 2, p. 551.
§ Mass. Archives, vol. 122, p. 147.
II Executive Records of the Council, vol. 2, p. 542.
[Notes.] Pkovinoe Laws {Resolvea etc.). — 1698. 593
Chap. 16. This chapter is from council records, vol. VI., p. 594. It has not been
found in the archives.
A discrepancy will bo observed in this chapter between the sum total of the bills as
stated and the actual amount of the addition, which is forty-seven shillings. This agrees
with the entry of payment in the account of the province treasurer, which is £2 7*.*
Chap. 17. This chapter is from council records, vol. VI., p. 591. It is preserved in
archives, vol. 70, p. 381.
The following proposal of Samuel Partridge, the representative from Hatfield, states the
circumstances wiiich led to the passage of the resolve that constitutes this chapter which
originated in the House : —
"Whereas John Gillit who hath beene a verry active and Willing Souldi" within the
County of Ilampslilre & Being On the IG"' day of Sep"" 169G out upon Service & togeather
w"> some others was that day taken by the enemy & suffering hardship was carried to
Cannadaa Captive & there Ileraayn'' till Sep"" Last & then was Sent from thence Prison^
into old tfrance, & tlience (by the late Articles of Peace) hee s'' Gillit together with other
Captives was Released & carried into England; Since his Arrivall there hath Lived &
obtained pay for his Passage by the Charitie of Some English March's there; & now being
Arrived here destitute of Money or Cloaths for his p'sent Reliefe Humbly propose it to y«
IIono''<'''« Gen'i Co'te to allow him something w* this Co'te judge meeto for his p'^sent
Reliefe Sami-l Pautrigg." — Maw.
Archives, vol. 70, p. 381.
According to the "Narrative" of the Rev. Stephen Williams, which has generally been
accepted as correct in all particulars, Gillet and a companion were out in the woods track-
ing bees, rartridgc's representation, liowever, makes it appear tliat lie was a soldier, on
duty, at the time of his capture. Since Gillet was born in 1673 it is clear that tlie tradi-
tion that he was a lad of fourteen or sixteen is incorrect, and it is probable that Partridge's
account, given to the Legislature within twenty-one months after the event, is entirely
trustworth}^ See resolves, 1697, chapter 45, and note.
The order in Councilf for the payment of this allowance was passed June 20, 1698, and
the province treasurer in his next account+ charged the amount as paid to Gillet.
Chap. 18. This chapter is from council records, vol. VI., p. 595. It has not been
found in the archives.
Chap. 19. This chapter is from council records, vol. VI., p. 597. It has not been
found in the archives.
The order in Council^ for the payment of this allowance was passed July 4, 1698, and
the amoi'.nt is charged in the province treasurer's account|| as paid to Gallop.
Chap. 20. This chapter is from council records, vol. VI., p. 597. It has not been
found in the archives .
Chap. 21. This chapter is from council records, vol. VI., p. 598. It is preserved in
archives, vol. 70, p. 376.
The petition upon which this chapter was founded is as follows : —
" To the R' Hon'J'<= William Stoughton Esq'' Liv' Governo"" and Comand'' in cheife of his
Mai'i£f Province of the Massachusetts Bay in New England with yf hon'''^ Council and
Representatives thereof now assembled in Gen''" court for sd Province att Boston
The Petition of Nathanael Collins of Boston —
Humbly Sheweth
That yo'' Petition"' for the Space of three Yeares Together hath Served his Mai^« and this
country in the present warr ag' y Indian Enemy, and Last ffall being in said Service in
the Easterne parts und' the Command of Cap" Brackett he was by him Imployed as a
scout ; and otherwise, and in the performance of his duty and office, by watching ward-
ing, and wadeing through rivers, he gott Such Surfeits, as that the Effects thereof first
settled in his right side and afterwards fell into his groyne and there swelld & broke insoe-
much as that he was forced to come imd'' the hand of one M" Littlefield, who administred
some externall applycations to him & whilest he was und^ her hands, there came an ord""
from the L' Gover'' to bring the sick and wounded men from Wells to Boston, amongst
wch yor petition'' was one, and being come to Boston one M^ Geerish a chyrugeon appointed
to look aff y^ sick & Lame men, for some small time before he left him, applyed Some
plaisters to his body w^h slightily healed up y« wound without being throughlysearched,
and yo' petitic growing careless of himself by reason of some small Ease, neglected to
apply himself to a skilfull Physitian, to make a thorow cure of said Wound, insomnch
that the said wound & his paynes & swelling anew Increased againe upon him, w<='' have
beene soe greivious to him that he was necessitated to goe to Doctor Cutler whose hands
for a considerable time he has now beene und'', and knows not when he shall be well have-
ing att this time a tent of five Inches long in his Body. Now Forasmuch as yo'' Petition''
is a poore man & by this sad dlssaster gott in the Countrys Service is wholey disencapac-
itated from doeing any ^vorke, whereby to procure himself a subsistence Or to pay y
Docto"' for Lookeing aftr him, haveing neith'' house nor home to goe to, nor any Support
other then the charity of good people to releive his present straights and exigencies
He doth therefore humbly Entreate the favo'' and Compassion of this high and honr<i
Court to take his misserable & distressed condition into Consideracon soe as that he may
* Mass. Arcliives, vol. 122, p. 13S.
t Executive Records of the Council, vol. 2, p. 542.
X Mass. Archives, vol. 122, p. 147.
§ Executive Kecords of the Council, vol. 2, p. 544.
11 Mass. Archives, vol. 122, p. 148.
594 Province Laws {Resolves etc.). — 1698. [Chaps. 22-28.]
receive a supply for his subsistence out of y^ Publick Treasury whilest und' the Docto"
hands, and that some care may be also taken for pavm' of sd Docto^
And Yo' Petition' as in duty bound shall pray &<=
NATHANIELL COLLINa." — MaSS.
Archives, vol. 70, p. 376.
This petition was read, first, in the House, on the seventh of June, and on the fourteentli
a resolve was passed granting fifteen pounds to be paid as in this chapter, except the pro-
vision contained in the last fifteen words, which appear to have been added in the Council,
before concurrence.
The order in Council* for the payment of this allowance was passed July 22, 1698, and
the amount is charged in the province treasurer's acconntf as paid to Bm-rill.
Chap. 22. This chapter is from archives, vol. 62, p. 275. It is recordec" in council
records, vol. VI., p. 599.
The resolve which constitutes this chapter was passed in the Council and concurred in
by the House on the twenty-third of June. That it was probably reported by the com-
mittee appointed on the twenty-seventh of Mayj: appears by the following entry : —
"June 18, 1698. The Committee Appointed to Discourse M"" Bridgier one of the Pur-
veyers for Naval Stores, upon a proposal or Memorial presented by him, made their
report, which was read, at the Board being delivered in by Elisha Hutchinson Esq^" —
Council Records, vol. VI , p. 593.
From a later entry it appears that, to enable the purveyors better to perform their duties,
they were, by an order in Council, allowed the use of the Province Galley. This order,
passed in the vacation of the General Court, is as follows : —
" Aug. 12. 1698. Upon reading a Letter received this day from William Partridge
Esqre Ml John Bridges and Ml Benjamin Jackson Purveyors of Naval Stores for his
Maj'y's service, directed unto his Honour and the Board, therein proposing to have the
lent of the Province Gaily with twenty eight Men, to transport and attend them into the
Easterne parts of this Province to Survey the Woods there, they to victual and pay her.
Advised: That pursuant to the said Proposal the said Purveyers have the use of the
Gaily, they signifying under their hands to the Captain, what orders they have taken for
his being supplied with provisions, and undertaking to pay him and Company their Wages,
and also advising his Honour of the time and place when and where they desire to have
her sent." — Executive Records of the Council, vol. 2, p. 534.
The letter referred to in the above order has not been found-
Chap. 23. This chapter is from archives, vol. 48, p. 295. It is recorded in council
records, vol. VI., p. 600.
The order in Council J for the payment of this allowance was passed July 22, 1698, and
by the province treasurer's account|| it appears to have been duly paid. The resolve which
constitutes this chapter was passed first in the House on the twentieth of June, and con-
curred in by the Council on the twenty-fifth.
Chap. 24. This chapter is from archives, vol. 58, p. 176. It is recorded in council
records, vol. VI., p. 600.
The resolve which constitutes this chapter was first passed in the House, on the twentieth,
and concurred in by the Council, on the twenty-fifth.
The order in Council^ for the payment of this allowance was passed July 22, 1698, and
by the province treasurer's account** it appears to have been duly paid.
Chap. 25. This chapter is from council records, vol. VI., p. 600. It has not been
found in the archives.
Chap. 26. This chapter is from archives, vol. 48, p. 294. It is recorded in council
records, vol. VI., p. 601.
The order in Councilft for the payment of this allowance was passed July 22, 1698, and
by the province treasm-er's accountjt it appears to have been duly paid. See chapter 62,
post, and note.
Chap. 27. This chapter is from archives, vol. 48, p. 293. It is recorded in council
records, vol. VI., p. 601.
The order was passed, first, in the House, on the twenty-third of June, and was con-
curred in by the Council on the twenty-fifth.
The order in Council^S^ lor the payment of this allowance was passed July 22, 1698, and
by the province treasurer's account** it appears to have been duly paid.
Chap. 28. This chapter is from council records, vol. VI., p. 602. It has not been
found in the archives.
* Executive Records of the Council, vol. 2, p. 551.
(Mass. Archives, vol. 122, p. 147.
See chapter 2, ante.
§ Executive Records of the Council, vol. 2, p, 547.
11 Mass. Archives, vol. 122, p. 148.
11 Executive Records of the Council, vol.2, p. 548.
** Mass. Archives, vol. 122, p. 149.
t Executive Records of ihe Council, vol. 2, p. 549.
§§ Executive Records of the' Council, vol. 2, p. 550.
!
Mass. ArchiVi'S, vol. 122, p. 13lj.
[Notes.] Provinob Laws (liesolves etc.). — 1698. 695
The order in Council* for the payment of this allowance was passed July 22, 1698, and
by the i)rovince treasurer's accountf it appears to have been duly paid.
Chap. 29. This chapter is from council records, vol. VI., p. G02. It has not been
found in the archives.
Walloy was chosen commissioner of the Impost and tonnage of shipping under the act
of June 18, 1697, t by the whole General Court on the day (hut act was passed.^
Tills was tlie first instance of the appointment of a scpnrafo cr)iiiinissioii('r for tlie man-
agement of tlic impost office. In lfi92 three commissioners, Elislia llutcliinson, Jonatluin
Corvvin and John Walley, had l)een nominated and appointed by tlie Governor ami Coun-
cil to niaiiay'e the excise, impost and tomia.nc of sliipi)iii,i;. No new appointment was
maile the next j'ear, cliapter 5 of the acts of 1()93 recouiiiziiig tlie commissioners already
appointed. By chai)ter 1 of the acts of l()94-r), tlie power of aiipointment was transferred
from llie Governor and Council to tlie General Court, and Joim Walley was chosen, with
the same functions as had lieen exercised by tlie Board of 1692, and to be paid one hundred
and thirty pounds for his services. This state of thin.^s continued under the acts of
1694-5, chapter 27, and 169r)-6, chapter 1, — the latter act revivinij and continuing tlie two
preceding acts, but containing a clause referring to " tlie commissioner ajijiointed or to be
appointed," etc. John Walley was again chosen by the Assembly and received a com-
mission for the office from the Governor, as the act provided. The act of 1696, chapter 1,
revived and continued the three preceding acts. Under this act James Taylor was first
chosen commissioner, but declined the office, whereupon John Walley was once more
elected and commissioned.
By the act of 1697 (chapter 3, $ 16) one fit person and no more was to be appointed com-
missioner of the impost and tonnage of shipping, and three fit persons and no more to be
appointed commissioners of the excise. John Walley was elected and commissioned to
the former office, and he, Nathaniel Byfield and James Converse, to the latter. See
resolves, 1697, chapter 35, and note.
The order in Council|| for the payment of this allowance >vas passed July 22, 1698, and
by the province treasurer's accountf it appears to have been duly paid.
Chap. 30. This chapter is from cotmcil records, vol. VI., p. 605, and archives, vol.
11, p. 131.
Chap. 31. This chapter is from council records, vol. VI., p. 606, and archives, vol.
106, p. 433.
In the foot-note to chapter 15, ante, it was surmised that the address, the sending of
which was resolved upon in that chapter, had miscarried. Besides other circumstances
pointing to this conclusion, the Secretary's precaution in taking the following receipt from
Dr. BuUivant, who was about to sail for London, seems strongly corroborative, since
sufficient time had elapsed between the date of the sending of that address and of the
present representation to have justified the suspicion that the address had failed to reach
the king, even if its loss had not been ascertained beyond a doubt : —
" On Board his Ma'3» ship Deptford at Nantaskett the 19t]i Day of November 1698.
Received of Isaac Addington Esq'' Secretary of his Matya Province .of the Massachu-
setts Bay in New England by the hands of Cap.' Timothy Clarke One small Pacquet.
directed On his Ma'ys service For the HonWe s-' llenry Ashhurst Kn' & Baronet At his
house In SJ Johns Street London which Pacquet I promise to deliver with my own hand
as directed God sending me to arrive safely at London where I am now bound in his Ma'y»
s'' ship the Deptford —
I say Received as above
IP Benja Bullivant." — Mass.
Archives, vol. 106, p. 439.
The letter fi-om Villebon has not been found ; but the following extract from the execu-
tive records of the council shows more clearly the demands of the French which were
complained of in this chapter, and the first action taken thereupon by the Council : —
" Oct. 20, 1698. His Honour the Lieuti Gov^ produced a letter directed unto himselfe
from Ml Villebon Governour of L'Accadie or Nova Scotia, lately come to hand bearing
date the 5;]} of Sept£ last, Importing that he should cause to be taken all English Vessells,
that should be found either Fishing or in Trading on those Coasts, and that Ml Bonad-
venture Commander of the Kings Ship in those parts had Instructions from the King
accordingly; also that himselfe had express order from the King his Master to maintain
the Bounds betwixt New England and that Country, which he pretended to extend from
the head of Kennebeck River unto its Mouth leaving the course of the River free to both.
Which letter as also an Affidavit of the Masters of two Fishing Vessels imployed on the
Coast of Cape Sables for fishing that had lately been seized and for some daves detained
by the said Capt" Bonadventure, and a Petition from sundry Gent;! and principal Inhab-
itants of Salem and Marblehead relating unto the Fishery, being read at the Board.
Advised. That the said letter of Mi Villebon's and the relation of the Fishermen be
transmitted unto the Ri Honble the Lords Commissioners of the Council for Trade and
Plantations, with a Representation of the fatal consequences and irreparable hurt and
damage that will unavoidably ensue unto his Maj'y's Interests, should the French main-
tain their said Challenge and pretexts, and to pray their LordPP' that effectual care may
be taken to secure & establish his Maj'y' Interests and Trade in these parts. And :
That the Agents for this Province be also written unto on this subject, and have copy's •
of the said papers and of the memorials of Mi John Nelson, referring to the State of these
* Executive Records of the Council, vol. 2., p. 547.
t Mass. Archives, vol. 122, p. 149.
X Province Laws, 1697, chapter .3.
§ Council Records, vol. VI., p. .541.
II Executive Records of the Council, vol. 2, p. 648.
596 Province Laws {Resolves etc). — 1698. [Chaps. 32, 33. J
Territories, lately by him laid before the Council for Trade &cl sent unto them and be
Instructed to make a speedy Representation of this matter, and to sollicit the same. Also ;
That his Excellcy the Earle of Bellomont be forthwith made acquainted with the Fi'ench
pretensions, and of the representations thereof made fxom this Board, and be prayed to
enforce the same." — Executive Records of the Council, vol. 2, p. 539.
The Assembly stood prorogued from the twenty-seventh of June to the fifteenth of
November, and the duty of taking measures immediately to thwart the encroachments of
the French devolved upon the Council. On the twenty-fourth, therefore, a representation
to the Lords of Trade, and a letter to the acting agents of the province in London, which
had been prepared in conformity to this chapter, were ordered to be transcribed, signed by
the Lieutenant-Governor, and forwarded. These documents have not been found, but the
following is the record of the action of the Council in regard to them : —
"Oct. 24, 1698. A Representation unto the Rt. Hon^e the Lords Commissi' of the
Council for Trade and Plantations, of the Challenge & pretext made b_v the Frencli to
the sole right of Fishing on the Coasts of Accadie or Nova Scotia, as also to extend the
bounds of their Countrey unto the River of Kennebeck, setting forth the fatal conse-
quences and irreparable hiurt & damage which will unavoidably ensue unto his Maj'y'»
interests should any concessions be made unto the French therein ; and praying that such
effectual care may be taken as that the ancient Boundaries of this Province may be vigor-
ously asserted and maintained, and the right of Fishing on the High seas continued to
his Majty's subjects.
And also a letter to the Agents for this Province on the same subject.
"Were read at the Board, and agreed to, that the same be fairly transcribed to be signed
by his Honour the Li Governour and sent forward." — Ibid., p. 561.
Chap. 32. This chapter is from council records, vol. VI., p. 607, and archives, vol.
106, p. 439.
At New York, Bellomont found the duties of his station so pressing as to leave him no
opportunity, even if his orders* from the Privy Council permitted, to visit the eastern
parts of his government until more than a year after his arrival. In the mean time
preparations for his reception and residence at Boston had been completed, and the
Assembly and the people alike were growing impatient at his delay in personally assum-
ing his office here. Assurances of this state of feeling had been repeatedly given to the
Governor by personages connected with the government at Boston ; but it was thought
proper to represent to" him the popular wish in a more formal and authoritative way, and
hence this address, which was prepared in the House of Representatives, was sent up to
the Council and concurred in on the twenty-second of November.
The only response which this address elicited from the Governor that has been discov-
ered is the fragment of a letter to Mr. Secretary Addington, endorsed December 12, 1698,
remaining in the archives, from which the following is an extract: —
" I am extreamly thankfull to the LieuJ Governor, Councel and Assembly, for their
desire of my Company w'h them at Boston ; but the same reason holds still that has oblig'd
my stay here all this while, yet I hope I may be at liberty shortly to remove from hence,
having notice from England that Orders are sent me ; and for any thing I know they may
be in the box you mention to he in the hands of Cap' Lilly, and therefore am sorry a way
was not found to send the box to me : I am the apter to believe this, because I sent for no
Cloaths to Englii M"^ Partridge is here and tells me he is Confident the assembly have ended
their Session at Boston, otherwise I would write a Letter of thankes to the L* Govf Coun-
cel, and them, for their kind Addresse : if they should happen to be sitting when this Let-
ter Co [mest] to your hands, I desire you will do me the favour to make my Complements
to them. . . . " — Mass. Archives, vol. 106, p. 438.
Chap. .3.3. This chapter is from archives, vol. 62, p. 293. It is recorded in council
records, vol. VI., p. 608.
Nelson, wlioliad derived from his uncle, Sir Thomas Temple, t a claim to the territory of
Acadia, appears to have been a resident either of Canada, Acadia, or Massachusetts, fi-om
* By the additional instructions issued to Bellomont, September 9, 1697, he was ordered to repair
directly to New York and " to settle everything there in a fitting posture, eitlier for the defence
of the Country or for annoying the Enemy." This was coupled with the usual order forbidding
him to leave his government without the warrant of the king. — Documents Relating to the
Colonial llistory of the State of New York, vol. IV., p. 292.
■f Manuscript mntilatod.
X Of Temple, the learned editor of the " Documents Relating to the Colonial History of the
State of New York " gives the following succinct account : —
" Sir Thomas Temple was a kinsman of Lord Say. Having obtained, with others, from Oliver
Cromwell, In 1656, a grant of Acadia, bounded east by the River St. G'wrge, and including Nova
Scotia, he purchased of Stephen la Tour all the right the latter inherited to that country from his
father, and came to New England in 1857, when the persecution of the Quakers was at its height.
He endeavored most humanely, though ineffectually, to save the lives of those of that sect who
were condemned to be executed, offering to remove and provide for them at his own charge. He
was recommissioned Governor of Nova Scotia and Acadia by King Charles II., In 1662, in which
year he visited New Amsterdam (New-York) and Fort Orange (Albany), to suppress the incur-
sions of the Mohawks into his territory. This, however, was soon after ceded to France by the
Treaty of Breda, and possession thereof was demanded on the 2l8t October, 1668, of Sir Thomas
Temple, who declined to comply with the requisition on the ground of the non-payment of the
Bam of £16,200, which the Crown agreed to allow him as an indemnity for the loss of his prop-
erty. A special order from the King, in 1669, forced him to submit; and he signed an instrument
at Boston, on the 9th of July, 1670, whereby the whole of the country, from the River Muscongus
in Maine, to Cape Breton inclusive, was restored to France. Sir Thomas, thereupon, returned to
England, and died in 1674, having devised his interest to his nephew, William [John] Nolson,
who transferred it, in 1730, to Samuel Waldo, of Boston. The indemnity, however, has never
been paid. Charle.roix, Ilistoire (.Vonoelle France) I., 416; ITutchinHon' » HiMoryof Maasachusettn,
I., 184, 190, 236; JTolmen' Annals, I., 368; Haliburton'a History of Nova Scotia, I., 64, 65; Wil-
liamion's Maine, I., 428.— Ed." —Vol. IX., p. 75, note.
[Notes.] Province Laws {Resolves etc.). — 1698. 597
tho year 1670, evidently waiting for an opportunity to make good his title by possession,
which tho first success of Now I'^ni^'huid, in its contests wiili (lie ifoveruiiieiitof New I'nuicc,
would present. At Boston, where he resided many years, he held a high social position
and was, at times, a political leader. lie was a warm adherent of tho Prince of Orange
and took an active part in the proceedings against Andros at the time of his deposition,
lie was not an admirer of Phips, and in turn was opposed by tho latter and his followers;
yet, after Phips had taken Port Royal, Nelson was sent to induct into olfice Edward Tyng
whom Phips had appointed governor of Acadia. On the return of these gentlemen from
Port Royal, because of the impracticability of governing the inhaljitants or restraining the
Iiuliaiis, there, witli the small force detailed to accompany them, tho vessel which conveyed
thein, and which was commanded by Captain John Alden, was taken by M. do Bonaventiire.
Alden was released, conditionally, while Nelson and Tyng, and Aldcn's son (who was held
as a hostage for the vessel in which his father with the crew was permitted to continue on
his voyage to B(jston) were held prisoners, l^'or awhile tiiey remained with Villebon, and
were then transferred to Quebec, whence, after several months, Frontenac sent them to
France, where Tyng died in prison and Nelson remained incarcerated for three or four*
years, first, at An^ouleme and afterwards in the Bastille.
During his captivity in Canada he had found means to send important information to
the government at Boston, as to the condition and plans of the enemy, for which the per-
sons subsidized by him, having fallen into the hands of the French, were executed, in his
presence, and he himself was transported, as too dangerous an intriguer to be suffered to
remain so near New England.
Long before the first protocol of the congress of Ryswick was signed, Nelson was liber-
ated (probably through the intercession of influential personages in England), and pro-
ceeded to London, where he improved the opportunity of his freedom to impart to the
Duke of Shrewsbury, and to the Lords Commissioners for Trade and Plantations, etc.,
valuable information and advice respecting tho relations of England and France in regard
to their dominions in America, and to "recommend judicious measures for securing the
permanent growth of the English colonies. The special services for which he received
the thanks conveyed in this chapter were rendered at this time. One of his memorials to
the Lords of Trade, which was probably bis final communication to that board, is iiriutcd,
in full, in " Documents Relating to the Colonial History of the State of New York," vol.
IV., p. 206, et seq.
It is said that he was released upon his parole, which he kept, notwithstanding a 7ie exeat
regno from King William, and that for this breach of law he suffered upon his retm-n to
England.
He seems to have been a person of large mind, of great courage and enterprise, and so
impartially humane as to have won the respect and even affection of the enemies who
feared him for his other qualities.
Chap. 36. This chapter is from archives, vol. 11, p. 132. It is recorded in council
records, vol. VI., p. 610. See resolves, 1697, chapter 49, and note.
The order in Council for the payment of the allowance for this year was passed January
2i, 1699-1700,t and for the year following, December 12, 1700.+
The treasurer's accounts for this period are defective, and hence no record of the pay-
ment of this allowance has been found.
Chap. 37. This chapter is from council records, vol. VI., p. 609. It is preserved in
archives, vol. 11, p. 132.
The following is the petition upon which this chapter was founded : —
" The Petition of the Inhabitants of Brookfield, to the Hon'd General Com-t Assembled
at Boston Novembf 1698 humbly Sheweth :
Fu-st./. That we seeme to be called of God, to continue our habitation in this place ;
we are low in the world & it would be a breaking thing to o'' estates to remove to any
other plantation : And the Land here is very capable of entertaining a considerable body
of people: Th6: Inhabitants have been slow to come to us by reason of ye war, yet the
land is very Incourageing, capable to afford a comfortable subsistence to many fKimilys.
2. That it is an Intollerahle burden, to continue as we have done without the preaching
of the word : God doth require his people to attend not onely ffamily. worship but his pub-
lick worship : it is the ordinance of God that on the Sabbath day there should be an holy
convocation ; & that his word be preached by those that are able & faithful, and our
necessitys put us upon it earnestly to desire it : both we and our childi-en need the Instruc-
tions, rebukes and encouragements of the word : the darkness & deadness of our own
hearts, together with the many Snares that are in the world, are an experimental convic-
tion to us, that we need al those helps and Advantages that God hath sanctifyd for oiu:
Good. •
3 That we are not able at present to maintain the .worship of God : we are but twelve
ffamilys: And are not of estate, sufficient to give sutable encouragement to a minister:
we are willing to do to the outside of our ability: but tho: we do as much as can be
expected from us, it wil not amount to such a summ as a minister may reasonably
require for his labour.
4 That if this Hon'd Court would please to pity us, And gi-ant us seme help for a few
years, for the maintenance of a Godly able minister, besides the advantage that it may be
to these few familys that are here, it would be a means to draw many other Inhabitants
* He himself declares that he was in prison four years and a half. As he was captured in
October, 1691, and sent to France in September, 1692, and was in London, before the Ltxds of
Trade, in September, 1696, when he made this declaration, it is to be presumed that this term of
imprieonment covered some of the time of hia residence in Canada. — See Proc. Mass. Hist. Soc,
1863-1, pp. 370-372; and Hutchinson's Hist. Mass., ed. 1765, vol. 1, pp. 376-380.
t Executive Records of the Council, vol. 3, p. 89.
Ibid., -p. 169.
598 Province Laws (Resolves etc.). — 1698. [Chaps. 38, 40.]
to us, whereby we shal be so far assisted, that we may of our selves be able to uphold the
worship of God & not be burdensome to others.
Under these considerations we humbly beg that this Hon'd Court would exercise com-
passion to us, & assigne some reiiefe to us out of the Publick treasury, which we shal
look upon, not onely a testimony of your Zeal for the worship of God, but alsoe of your
tender compassion to the souls of those whom God hath made you ffathers of : And your
Petition's shal pray &c
Samli- Owen Jno Woolcot Thomas Rich
his O mark James Pettee Abijam Bartlit
Thomas Barnes Samli- Davice Danl Price
Henry Gilbirt Wm Barnes Jno Clary
Stephen Genings Thomas Parsons Jos Marks
John Pettee." — Mass .
Archives, vol. 11, p. 132.
This petition was read in the House on the twenty-third of November, and the resolve
which constitutes this chapter was passed thereon and sent up to the Council, where it was
concurred in on the next day.
A committee consisting of John Pynchon and Luke Hitchcock of Springfield, Joseph
Hawley and Medad Pomeroy of Northampton, and Samuel Partridge of Hatfield had
been appointed "to regulate the settlement of Broolcfield,"* and on the tenth of June,
1700, an order was passed in the Couucilf for a warrant upon the province treasurer to
pay the amount of this allDwance, to Joliu Pynchon and Samuel I'artridge, of that com-
mittee, said sum " to be by them imployed & disposed for the use for which the same is
granted."
Chap. 38. This chapter is from archives, vol. 48, p. 296. It is recorded in council
records, vol. VI., p. 610.
The petition upon which this allowance was granted is as follows : —
" May 27^'' 1697 To the Hon""able house of Representatives now sitting
These are to Represent to your hon.rs the Neglect of ofj Granting so much as an answer
to a Petition of your former Clerk as also the Ordering him the Paym' of such moneys Due
for his service as s'' house should Judge meet ; as to my selfe I own I am not a proper
Judge, th6it is hard for a poor man to serve his Cuntry with the Expence of four year
service and very near a hundred pounds Expence and Never can obtein an order for
twenty Pound ttiA fair Promises were made — my Necessity by Reason of Late sicknesse
& oth'' disappointm's makes me to Remind your hon" that In the year 1695 the house
granted a coihittee of M'' Thornton & some oth'"s & they thought twenty &c Pounds was
my Due th6 I tho' thirty but some Issue is desired & Expected & hope your hon'^ will
acct that the Labourer is worthy of wages & not to suff'' me from year to year to spend
time & money as these several 1 years more then I can get th6 Justly due
So praying God to Direct your Hon" in all your Arduous affairs I subscribe your Hon-
ours humble & and| f orm^ servant
Ebenezer Prout." — Mass.
Archives, vol. 48, p- 296.
In the general index to the archives, this petition is dated 1698, but the original is pre-
cisely as here printed.
By resolves, 1694-5, chapters 42 and 58, Prout had been allowed ten pounds, and nine
pounds fourteen shillings, respectively. These amount nearly to the twenty pounds
which in his petition he says a former committee found due him ; but probably he is to be
understood to mean that twenty pounds were still found due him by the committee after
those allowances had been paid, and that he claimed thirty pounds in addition to former
grants.
The order in Council^ for the payment of this allowance of six pounds was passed
December 22, 1698. See resolves, 1699-1700, chapter 23, and note.
Chap. 40. This chapter is from council records, vol. VI., p. 613. It is preserved in
archives, vol. 70, p. 386.
The following is the petition upon which the allowance was granted : —
" To The Hono" LeiV Governo'' And Counsell & Rep''sentatives Now Sitting In
Boston &c
Tis Humbly Proposed by us whose Names are underwritten In the Name of others
with us : as are Here Inclosed : whether upon The killing of the Indian after the Last
mischief done by The enemy at Hatfield, we ought not according to the Law to be allowed
fifty pounds : we did suppose the Law continued untill peace \«as made with the Eastern
Indians : wee have often ventered o'' Lives and had nothing upon sudden exegeucies wc
hope your bono'' will consider us and Alow : Tlie fifty pounds or at Least some othei
Good Incouridgment : which will further oblige us To venture o' lives and estates for the
Good of o'' country Benj wright : "j by the desire
Jonath Taylor > of the Rest
Benj stebbins : : J w' us." — Mass.
Archives, vol. 10, p. 386.
The act|| of October 20, 1697, granting to volunteers fifty pounds for the scalp of every
adult Indian enemy slain by them, expired upon the publication here of the treaty of
Ryswick, which was more than seven months before the attack on Hatfield called forth
Wright and his companions in pursuit of the savages.
* Resolves, 1692-3, chapter 2.
t Executive Records of the Council, vol. 3, p. 125.
t Sic.
§ Executive Records of the Council, vol. 2, p. 574.
II Province Laws, 16'J7, chapter 12.
[Notes.] Provinck Laws {Resolves etc.). — 1698. 599
Tho order in Council* for the payment of this allowiincc was passed December 9, 169S,
and tho province troasiiror'a account! shows that payment was made according to the
order.
The following is Mather's characteristic account of this affair : —
" And now about the middle of July, 1G98. a little before sun-set, four Indians killed a
man and a boy in Hatfield meadows, and carried away two buys into captivity. Tho
advico coming to Deerjiold in the night, they presently dispatched away twelve men to
way-lay tlie enemy coming up the river; having first look'd up unto tho Lord Jesus
Christ, that they might lind tlio enemy, and harm none but tho enemy, and rescue the
children which the enemy had seized upon. After a travel of near twenty miles, they
perceived tho Indians in their canoos coming up tho river, but on tho other side of it,
within a rod or two of the opposite shore : Whereupon they so shot as to hit one of the
Indians, and then they all jumi)t out of the canoos, and one of tiio boys with them. The
wounded Salvage crawled unto the shoar; where his iiaclv being broken, he lay in great
anguish, often endeavouring with his hatchet for to icnock out his own brains, and tear
open his own breast, but could not: And another Indian seeing tho two boys getting one
to another, design'd 'em a sliot, but his gun would not go off: Whereupon he followed
'em with his hatchet for to havo knock'd 'em on the head; but just as he camo at 'cm,
ouo of our men sent a shot into him that spoil'd his enterprize ; and so the boys getting
together into one canoo, brought it over to tlie friends thus concerned for them . . . ." —
Magnalia, vol. II., book VII., art. XXVII., pp. 534, 5o5.
Chap. 41. This chapter is from council records, vol. VI., p. 613. It is preserved in ,
archives, vol. 6'2, p. 258.
The following petition presented at the first session of the General Court, this year,
explains tho passing of this chapter: —
" To the Right hon'i>i" William Stoughton Esq'' L' Governo'' & Comand' in cheife of his
Majiies Province of the Massachusetts Bay in New England with the Honoured Council &
representatives thereof now conveened in Gen'" Court Sitting att Boston
The Petition of Henry Cooliery of Charlestowne
Huml}ly Sheweth
That in the month of Juno 1695 Yo"" Petition^ being mast'' of a Brigantine Loaden, and
bound from Charlestowne to NewfoimdLand just as ha was ready to prosecute y sd
voyage There came to him a warrant from the L' Governo'' to goe on board the Newport
Galley Cap" Paxton then comandf in y« Quality of a pilott, in obedience whereunto he
accordingly went, and Left his former Imploy, as also left his perticular adventure on board
gii Briggantine, w"='' afterwards he wholey lost. And after some continuance on board said
Galley he was discharged from her — immediately upon which god was pleased to visit
him with a malignant feavour, by wi-'> it afterwards hapned that he Lost y use of his Limbs,
and for more y" Two yeares continued in a very Lame and helpless condition, and now
hath not (nor does he know whether ever he shall have) the use of his armes & hands,
they being in such a condition as hinders him from doeing any manner of manuell Labour
whereby to procure a Livelyhood for himself and family, neither has he for the two yeares
past gott any thing for their releife.
Now forasmuch as yo'' Petition! is a poore man, and in Obedience to authority Left his
Imploy and Lost his private adventure w'' was considerable to him, and iiath Since of a
Long continuance been in an afHicted condition, and reduced to many straits. And whereas
yo' petition'" doth now keepe an house of publick Entertainem' in Charlestowne.
He doth therefore huuibly Entreate y^ favo"" of this high and honri'ie court to take the
p''misses into consideracon. Soe as that for the future he may be permitted to keepe an
house of publick Entertainem' without paying any Excise for the Same,
And Yo'' Petition'' as in duty bound shall ever pray &c
June S'h 1698 Hexry Cookry." — Moss.
Archives, vol. 62, p. 238-
This petition was read, first, in the House, on the twenty-first of June. No further
action seems to have been taken upon it that session, but on the twenty-eighth of Novem-
ber it was read again in the House, and a vote passed "that the petitioner be aljated the
excise prayed for for the year ensuing." This vote, which was concurred in bv the Coun-
cil on the twenty-ninth, was recast into the form in which it appears in this chapter, bv the
Secretary, when he made up his records.
•
Chap. 43. This chapter is from council records, vol. VI., p. 613. It is preserved in
archives, vol. 101, p. 119.
The following petition fully explains the passage of the order which constitutes this
chapter : —
"To the Honourable william Stoughton: Esq^ leiftiit Gouern'' of the prouinc of the
massatusets bay. &. the Honoured Councill and Representetiues. Conveined at Boston,
the Humble : patition of John eddy. John pease, and Samuell merry. Sheweth
That wheras. your patitioners, Receiued a warrant from the tressurer, bareing date
the : first day of nouember 1697 whereby, we ho ware then select men for Tisbury ware
Required, to assess the s'^ town, as by act of tho great and genarall Court or essembly, the
sume of 12« and the warrant Coming to our hands soe late in the year, that notwithstand-
ing our Care : and deligene, to efect that which ware Required of us as, our duty their in,
we ware obstructed and hindred by the extremity of the winter It being so exeding hard
that for sume munths. there ware scars opertunyty to cross ouer the ferry, with out great
haserd, by reson of the Ice and by that means, could not make our return to the tresurer,
nntell the spring, and yet ware restles untell at lenth the same ware efected and as we
* Executive Records of the Council, vol. 2, p. 568.
t Mass. Archives, vol. 122, p. 138.
600 Province Laws {Resolves etc). — 1698. [Chaps. 45, 46.]
thought, by a sure hand, theirfore did not in the least mistrust, but that It had bin safely
deliuered, untell after the prorogation, of the last great and genarall Court, or assembly,
after which time, the marshall of our county demanded of us the money : which we ware
forsed to pay out of our one estats, for that the Town refused to pay the s'J rate —
we Tharefore Humbly pray, that for as mucli. as that we had no desine to refuse, or
neglect, our duty therein, but allwayes Intended, and according to the best of our capasi-
ties endeuoured the faithful!, discharge, of our duty theirin : that : your Honours may be
pleased, to pass sume act. whereby we may Be Inabled to Recouer. our moneys of the
town — John eddy.
dated in Tisbury noumber 9* day 1698 John pease
Samuell merry." — Mass.
Archives, vol. 101, p. 120.
The tax act referred to is the act* of October 29, 1697.
The above petition was read in the House on the nineteenth of November when the order
was passed and sent up to the Council, where it was concurred in on the twenty-ninth.
Chap. 45. This chapter is from council records, vol. VI., p. 615. It is preserved in
archives, vol. 119, p. 141.
Hutchinson and Walley were chosen " commissioners or collectors, to have the general
inspection, care and management of the . . office of excise, and whatsoever relates there-
unto," under the actf of June 27, 1698. By the sixteenth section of the same act, they
^ were authorized at their discretion to farm out the excise, which they accordingly did as
shown by the following petition : —
"Whereas wee, ye subscribers were appointed by ye great & general Court & Comis-
sionated by ye Honr^'i ye L" Gover" for Comissioners for ye Excise with power to Agree
for or to Lett or ffsrm out ye same or any part or parcel thereof or to Collect ye same as
wee should iudge most advantageous for ye province, wee Haveing discoursed sundry
persons about makeing there perticuler agreements, but found it best as wee iudged flfor to
ffarm out ye same which wee have done as follow
To major pen Townsendy" County of Suffolk ys Three Countys in Plymouth u a d
the County of Hampshire province of mayne & martins vineyard for . 625 : 00 : 0
To Mj Ben : Gerish ye County of Essex 160 : 00 : 00
To Jacob Amesden & : parker ye County of middlesex for . . . 110 ; 00 : 0
895 : 00 : 00
An Ace" of what expended by vs
A Comission to ye Secretary pf" . . . 0 : 10 : 0
Spent at Several times treating with persons in Boston 0. OS : 10
Hyre of Horses & Spent goeing & coming & at Salem 2 : 04 : 0
for Three deputations & Bonds . 0 : 18 : 00
4:00:10
fiFor our Care & Trouble what ye Honour'' Court pleaseth —
Elisha Hutchinson
John AValley." — Mass.
Archives, vol. 119, p. 141.
The foregoing petition was read in the House on the twenty-ninth of November, when an
order was passed thereon for the payment of the allowance granted by this chapter, and
this order was concurred in by the Council, on the next day.
The order in Councilt for the payment of this allowance was passed December 9, 1698,
and the province treasurer's account§ contains an entry showing that the payment was
made accordingly.
Chap. 46. This chapter is from archives, vol. 30, p. 438. It is recorded in council
records, vol. VI., p. 615.
It was discovered soon after the publication of the Peace of Ryswick that a treaty
between European princes however exalted and powerful was not sufficient to restrain
' American savages, who, even if they had some notion of international compacts, were not
willing to acknowledge, as binding, promises in which they had had no voice. Before the
snows of winter had melted, the Eastern Indians were again on the war-path, pushing
their way, with unusual Ijoldness, as far as Andover and Haverhill, in Essex County,
burning buildings, murdering, pillaging, and taking captives. In May, followed the
murder and capture at Spruce Creek.
On the westei-n fi-ontier, during the following summer, the affair at Hatfield caused
apprehension of a renewal of the atrocities of previous years. It was the judgment of
those who best understood the Indian character not only that New York should he spurred
to greater vigilance in protecting the western borders of this province, but that the eastern
tribes should lie dealt with as an independent nation or nations, bound, by former treaties,
to acknowledge the sovereignty of the king of England, but owin^ him no natural allegi-
ance, and not to be held accountable to him as rebels, nor regarded merely as wards of the
Fi"ench. It was urgsd thit upon this basis every practicable effort should be made first to
effect a complete exchange of prisoners and an immediate cessation of hostilities, and
finally to bring about a lasting treaty of peace.
* Province Laws, 1697, chapter 23.
t Ibid., 169S, chapter 16, § 12.
i Executive Records of the Council, vol. 2, p. 567.
§ Mass. Archives, vol. 122, p. 150.
[Notes.] Province Laws {Resolves etc.). — 1698. 601
On the twenty-second of September, during the long vacation of the General Court,
the Council voted the following advice to the Lieutenant-Governor : —
«* Advised. That a suitable Person or Persons be forthwith appointed and Instructed to
go into the Easterne parts of this Province, to endeavour Speech with some of the
Sachems or principal Indians, and to make demand of all English prisoners remaining in
the hands of the Indians.
That Major James Converse and Capt^ John Alden be appointed and Instructed for this
Negotiation .
That a suitable Vessel be taken up for his Maj'y'' service, to transport the said Major
Converse and Capt" Alden, and those that shall accompany them in their said voj^age ;
and,
That Provisions and other necessaries be provided and laid in for them by John "Walley
Esq;i''." — Executive Records oft/ia Council, vol. 2,j)' o.'iS.
By the twenty-sixth, instructions relative to the excliange of prisoners had been pre-
pared, and on that day were read and agreed to. According to Mather,* the cumniission-
ers ai)i)oiiited in accordance with this advice arrived at Penobscot on the fourteenth of
Octol)er, where they met some of the surviving sachems and " a great bodj^ of Indians,"
and had a friendly discourse on the subject of their mission, which, Ilutchinsont says,
was " to settle preliminaries ; one of which was to be the release of all prisoners." lie
adds, however, " but no more could be obtained, on tliis head, than a promise to return all
such as desired it; the Indians refused to compel any who inclined to remain with them."
On the sixteenth of March, following, an order was passed by the Council,^ requiring
the province treasurer to pay to Converse and Alden ten pounds, each, for their services
on this occasion.
Upon the convening of the Assembly in its second session, on the fifteenth of Novem-
ber, another expedition, with larger powers, was proposed.
From an entry in the council records it appears that " a bill " for the exchange of pris-
oners with the Eastern Indians was sent up to the Council, fi'om the House, on the
twenty-thii-d of November, and that it was debated at the Board on the twenty-fifth.
Precisely what this bill was has not been ascertained ; but it was probably similar to, if
not identical with, the proposal which constitutes this chapter.
The following petition, without date, seems to have furnished an occasion for this action
of the Assembly : —
" Petticion Cap' Bombasine To his Excelance Governor Stoten
It Is humbely to Aquainte yor Exellance yt I haue been thes four years now in Prisone
w' out any hearing, and now since yr is a publick peace Amongst all nations I doe not
desire any thing as to my self Contrare to ye law of ye land, but as to yt wch Consists w'
nature for ye liberty wch all men desires is desireable
May it yrfor pleas yor Excelance yt I may haue ye liberty to be Called befor you w'
and interpetare and I will give you y' satisfactione y' is dew from a subject to his Maties
and Goverment wch is Earnestly desired by yo"' poor Petticoner who shall ever pray &c."
— Mass. Archives, vol. 30, p. 437.
This petition appears to have been prepared soon after the publication of the Peace of
Ryswick.
Bomazeen, who was one of the most intractable, implacable, and ferocious of the Indian
sagamores, had been seized by Captain March, at Pemaquid, November 19, 1694, and con-
fined in Boston jail ever since. His captivity was a chronic grievance to the Eastern
Indians, who regarded him, as the government of New France regarded Baptiste, as the
prisoner whose release was most to be desired, and, indeed, an indispensable prerequisite to
a perfect treaty of peace; and the refusal to include him in former exchanges between the
English and the Indians had been made by the latter a pretext for renewing their barbar-
ities in the frontier settlements.
When Bomazeen' s petition came up for consideration in the Assembly, in November,
1698, it was opposed on the ground of the impolicy of giving such a monster further oppor-
tunity for mischief. § But the feeling prevailed that all such scruples should be disre-
garded, and that the wisest policy required that, in the exchange of prisoners, no excep-
tion should be made.||
* Magnalia, vol. II., book VII., art. XXVIII., pp. 555-557.
t Tlist. of Mass., ed. 1767, vol.2, p. 109.
t Executive Records of the Council, vol. 3, p. 9.
§ The following deposition, which had evidently been prepared for use at the first session, wna
now produced and read in the House : —
" The Deposition of Damson Drew lately dwelling att Oyster River in Piacataqua.
This Deponent maketh Oath that on or about the last day of August in the year 1694 she this
Deponent being iu Bed with her Husband they heard a great Tumult & Noise of firing of Guns
which awakened her out of her sleep, and she understanding that the Indians were in Arms &
had encompassed the House willing to make her Escape she endeavourd & att last got out att
the Window and fled, but the Indians firing fast after her she returnd to the House and her ffather
In law took her by the hand and haled her into the House again, where upon she endeavourd to
get out att another Window, but the Indians had besett that, so she returnd to the other Room
where her friends were, and the Window of that Room being open an Indian named Bombazine
(as she was then Informed, & has since seen and known him in the prison att Boston) caught hold
of her Arm & pulled her out att the Window & threw her violently upon the Ground she being
then with Child, & when he had so done he went into the House to plunder when another Indian
named Assurowlaway who could speak good English came to her & told her she should receive no
hurt & took her and carryd her into the Woods. And further this Depon' Saith not.
Boston. May. 23'! 1698. ' the mark of
Damson X Drew
The Depon' Drew was Examin;' & sworn to what is abovewritten Borabazeen the Indian being
present and caused to understand it. Cor. la % AooitiGT on." — 3f ass.
Archives, vol. 8, p. 41. '
II In the jail-keeper's account the last date of Bomazeen's Imprisonment is November 18, 1098.
602 Province Laws (Resolves etc.). — 1698. [Chap. 46.]
This conclusion, evidently, was not reached without great deliberation, since it appears
by the following entry in the executive records of the council that the instructions to the
commissioners were not perfected until three days after the dissolution of the General
Court : —
"Dec. 13, 1698. Instructions to be observed by C0I2 John Phillips and Major James
Converse, in their Management of the affair with the Easterne Indians for the recovery of
the Captives and bringing the Indians to a new submission and recognition of their
obedience to the Crown of England &C2 (agreable to proposals of the Assembly at their
late session) were advised, drawn up, read and consented unto." — Vol. 2, p. 569.
Besides eflFecting the exchange of all such prisoners as could be conveniently brought
to the place of meeting at that inclement season of the year, the commissioners succeeded
in inducing the Indians to join in a renewal of the treaty of 1693, with stronger professions
than ever of fidelity to the crown of England.
Mather gives a long account of the proceedings of this mission, from which Hutchinson
compiled the following summary : —
"In the winter, John Phillips, Esq; of the council, with Major Convers, and Cyprian
Southack, commander of the province galley, went with full powers to conclude a treaty.
The Indians are not very nice in acknowledging their perfidy in such terms as the English
prepare for them, and make such submissions and promises of future fidelity as are
desii'ed. The treaty was in the same terms with that in 1693. Several captives were
restored, and others were promised in the spring; but many remained, males and females,
who mingled with Indians and contributed to a succession of savages to exercise cruelties
upon the English frontiers, in future wars, and perhaps upon some of their own rela-
tions."—//isi. of Mass., ed. 1767, vol. 2, p. 109.
In the petition of Converse and Phillips, given in the note to resolves, 1699-1700, chapter
11, it is stated that the commissioners sailed on the eighth of December, which seems to
conflict with the date of the record of the vote in Council approving of their instructions.
There is, however, no reason to doubt that, during that month, they sailed for Penobscot,
in the Province Galley commanded by Captain Cyprian Southack, and that they had
returned by the ninth of February, after an absence of "two months and a day or two,"
bringing with them many, if not most, of the captives then in the hands of the Indians.
By order of the Lieutenant-Governor and Council they made another voyage, the next
April, on the same business, and returned with all the remaining captives which it was in
the power of the Indians to surrender.
The following is the renewal of submission to the crown of England, which was signed
by the Indianson the seventh of January : —
TVTr=?J!?ir^°.^tf°^T?*!'^ The renewed Submission of the Eastern Indians, and
hi New En^dand Recognition of their Obedience to the Crown of England.
Whereas divers Sagamores and chief Captains of all y Indians belonging unto the
several Rivers of Penobscot, Kennebeck Amaras Coggin and Saco parts of the sd
Pro[vince*] of the Massachusetts Bay within the soveraignty [and domin*lion of his
most Excellent Ma:'.^ William the Third by tfhe gi-*]ace of God of England, Scotland,
France and Ireland King Defe[nder*] of y" laitli &c being assembled together at Fort
V/illiara Henry at Pemaquid the Eleventh day of August In the fifth year of the Reign of
his Srt Ma7 and the late Queen Mary, Did, then and there by their Submission and
Agreements under their hands and Seals, for themselves and each of them respectively,
and in tbe name and with y-' free consent of all the Indi;ins belonging to the several
Rivers afore s.d and of all other Indians within the S'l Province of the Massachusetts-Bay
of and from Merrimack River unto the most Easterly boimds of s? Province, lay down
their armes, cast themselves upon his said Maty Grace and Favour, and acknowledged
their hearty subjection and obedience to the Crowue of England And did also solemnly
covenant promise and agree to and with his Ex^ S"' William Phips Kn' then Captain
General and Governour in chief in and over the afores^ Province or Territory on his said
Ma'ys behalfe in manner following. That is to say.
1.' That at all time and times "for ever from and after the date of the s^ Submission;
they would cease and forbear all acts of hostility towards the Subjects of the Crown of
England, and not offer the least hurt or violence to them or any of them in their per-
sons or Estate, but would thence forward hold and maintain [peace ?*] & constant amity
and Friendship with all the English
2. That they would abandon and forsake the French Interest, & would not in any
wise adhere to, aid or assist them in their Wars or designes against the English, nor
countenance. Succour or conceale any of the Enemy Indians of Canada, or other places
that should happen to come to any of their Plantations within the English Territory, but
secure them if in their power, and deliver them up to the English
3. That all the English Captives in the hands or power of any Of the sji Indians within
the Limits afores? should with all possible speed be set at liberty and return'd home with-
out any Ransom or paymt to be made or given for them or any of them
4. That his Ma'ys Subjects the English should and might peaceably and quietly enter
upon, improve and for ever enjoy all and Singular their Rightg of Land and former settle-
ments and possessions wiihin the Easterne parts of the %'] Province of the Massachusetts
Bay [with*] out any pretensions or claims by them or any other Indians, and [be in ?*]
no wayes molested, interrupted or disturbed therein
5. That all Trade and Commerce which thereafter might be [settl ?*] cd betwixt the Eng-
lish and the Indians should l)e under such management and Regulations as should be
stated by an Act of the General Assembly, or as the Governour of the aforesf^ Province for
the time being with the advice and consent of the Council should see cause to direct and
limit
6. That if any controversie or diflference at any time thereafter happend to arise betwixt
any of the English and Indians for any real or supposed wrong or injury done on one Side
* Manuscript mutilated.
[Notes.] Province Laws (Resolves etc.). — 1698.
603
or other, no private revenge should bo taken by the Indians for the eatno, but proper
Applications be made to his Ma'ys Government upon the place for remedy thereof in a due
course of Justice, tlie S'' Indians thereby 8[ubmitting*] tiiomsclves to be ruled and gov-
erned by his Ma'y* Laws, i'^ desiring to have the benefit of the Same
And whereas Notwithstanding the aforo,s<i Submission & Agreements, the s'} Indians
belonging to the Rivers aforcsd or some of them, tlirough the ill counsel and instigation of
the French, have perpetrated sundry hostilities against his Ma:'y» Subjects, the English
and have not delivered and returned liome several English Captives in their hands, as in
the B<^ Submission tlicy covenanted —
Wherefore Wee whose names are hereunto Sul)scrii)ed Sagamores, Captains and Prin-
cipal men of the Indians belonging unto y" Rivers of Kcnnobeck, Amaras Coggin and
Saco. and parts adjacent being sensible of our great oflFenco and Folly in not complying
with the aforosij Submission and Agreements, and also of the Sufferings & mischiefes that
We have thereby exposed our selves unto. Do in all humble and most submissive man-
ner cast our selves upon his Ma'y» mercy, for the pardon of all our past Rebellions, hos-
tilities and violation of our promises, praying to be received unto his Maty Grace and
Protection. And for and on behalfe of our Selves and of all other the Indians belonging
to the Several Rivers & places afores'.' within the Soveraignty of his Mafy of great Brittain
do again acknowledge and profess our hearty and sincere obedience unto the Crown of
England. And do Solemnly renew, ratify & confirme all and every of the Articles and
Agreements contained in the aforerecited Submission in testimony whereof Wee the
s'} Sagamores, Captains and principal men have hereunto set our several markes and
Scales at C'asco-bav near mares point, the seventh day of January In the tenth year of
the Reign of his s^ [Ma*]ty King William the Third, Annoq; Domini 1698/9.
-^ OX. ITS
(% JU^<^
[ n*]ames read over i
to the I[ndians*l that have subscribed the same, |
and the several Articles and paragraphs thereof
plainly and distinctly interpreted unto them who
said they well and throughly understood and
agreed to the same And then was Signed and]
sealed by them in the presence of us.
Ja3i8 Converse,
CYPKIAN SOUTHACKf
[Several lines, and the corresponding signatures, are her* torn out of the original.]
^14 *om,d-iifi>-\
— Mass. Archives, vol 30, p. 439.
* Manuscript mutilated.
t Mather adds, here, the names of " John Gills, Interpreter," and "Soodook, alias Sampson.'
-Magnalia, book VII., article XXVIII., p. 667.
604 Peovlnce Laws {Resolves etc). — 1698. [Chaps. 47, 48.]
The date of the presentation of this treaty at the Council board is shown by the follow-
ing entry : —
«< Feb. 9, 1698. John Phillips Esqre one of the Commissioners imployed on the Negotia-
tion about the Eastern Indians, presented a Journal of that aflair, together with the
renewed submission and subjection, made and signed by those Indians." — Executive
Records of the Council, vol. 3, p- 2.
The following ratification of the foregoing treaty was prepared to be signed by the
Pennecook Indians, subsequently, at Boston : —
" Wee Watanumman, George Tohanto & Mahamisco, Sagamores and principal men of
the Indians of and belonging to y" Plantation of Pennecook and parts thereabouts within
the Province of the Massachusetts Bay in New England, in the soveraignty & Dominion
of his most Excellent Maty William the Third, of England, Scotland. France & Ireland
King, Defender of the Faith &c. being come to Boston to wait upon his Ex"y Richard
Earl of Bellomont his Ma'J^ Captain General & Governour in chief in & over the s"? Prov-
ince of y« Massachusetts Bay &c, to make our submission & recognize our obedience to
y« Cro\Tn of England. Wee do hereby for our selves and [in*] the name and with con-
sent of all the Indians belonging to y s^ PI [antation*] of Penne[cook and*] parts there-
about, cast our selves upon [his Ma'ys mercy for the ?*] pardon of all our past Rebellions
and ho3ti[litie3 an*]d do heartily acknowledge and recognize our submission, subjection
and obedience to the Crown of England, and that the s<i King William the Third is our
true & rightful prince. And We do also solemnly covenant & promise to & with the s<^
Richard Earle of Bellomont & his successors in the place of Governour of the s^ Province
of the Massachusetts Bay on his Ma'ys behalfe That Wee and all the Indians aforesti shall
and will observe & keep and hereby Do approve of, ratify, confirm and engage to hold
inviolable forever all and every of the Articles, Covenants "& Agreements contained in the
before written submission made & signed by ye Indians in the Eastern parts of y^ Province
aforesd And that "W^ or any of us will never do or attempt any thing whatsoever contrary
to yo s'^ articles Covenants & Agreem'/ or any of them In Testimony whereof Wee have
hereunto set our markes & seals at Boston the Twenty seventh
[Several lines, and the corresponding signatures, are here torn out of the original.]
Jajvies Speen." — Mass.
Archives, vol. 30, p. 442.
The following order in Council explains, in part, tlie oI)ject of tlie second voyage above
mentioned : —
" March 3, 1698. Whereas Col2 John Phillips and Major James Converse Commission-
ers lately imployed by the Government in the afiair relating unto the Eastern Indians,
have promised s^ Indians, that a supply of Corne, Cloathing, Armes and Ammunition for
Trade with them be sent unto Merry Meeting, a place so called, iu Kennebeck River, early
this spring.
Advised and Resolved. That John Walley Esqis be desired to take effectual care to
procure the said supply and to forward the same. And that the proceeds of the goods sent
at their return be delivered into his hands to be sold to the best advantage, the first cost of
the goods and charges to be first paid for out of the same, and the overplus to accrue to the
benefit of the Province, the risque being on the publick accompt." — Executive Records of
the Council, vol. 3, p. 8.
Chap. 47. This chapter is from council records, vol. VI., p. 616. It is preserved in
archives, vol. 40, p. 532.
The account mentioned in this resolve was as follows : —
" Boston In New EngLand 1698 @
The Country to Caleb Ray Keeper of his Majt'^a Goal in Boston Since y«
Last Accot giuen In the 3=* of June 1098 for y keeping of Indians. Is D'
To keeping of th 2 Indians Dauids from ye 3<i June to y? 13'i» of August
they were freed by order of Isaac Addington Esqr Is 10 weeks 1 day £ s d
Each at 4/ -P" week 4 ,, 01 „ 01
To Ditto of Boinazyn from ye Z<^ of June to y" 18"> of nouember Is 24
weeks at 4/ q? week 4„16^;00
To Ditto of Shepcott John his 2 Sons Ditto 24 weeks at 4/ F week for
Each 9„ 12^00
£ — 18„09„01
Boston ye IS'-h nouember 1698 @ Caleb Ray." — Mass.
Archives, vol. 40, p. 532.
On the thirtieth of November the House passed an order, for the payment of this account,
which was concurred in by the Council on the first of December.
The order in Conncilf for the payment of the sum allowed, as also of the allowances
granted by chapters 64 and 65, post, was passed December 22, 1698, and the province treas-
urer's account^ shows a payment of this allowance according to order.
Chap. 48. This chapter is from archives, vol. 101, p. 122. It Is recorded in council
records, vol. VI., p. 616.
The service in which the expenses incurred and for which the compensation made
amounted to the sum granted by this chapter was a journey to Albany, to meet the Earl
of Bellomont, at a conference held by him vrith the Five Nations, in August, 1698.
* Manuscript mutilated.
t Executive Records of the Council, vol. 2, p. 674.
X Mass. Archives, vol. 122, p. 150.
[Notes.] Province Laws {Resolves etc.). — 1G98. G05
Tho object of tliis journoy, and tho manner in which tho messengers were appointed, are
shown in the I'ollowiiifj papers, — oiio being a letter from Springfield, and the other a vote
of the Council upon the subject of the letter: —
"Springfeild July. 18'^ 1698.
Ilonb'o S--
Although I am not able to give yo<^ Honor a fnl acco* of y late Mischcifo done at Hat-
feild by y Indians, yet acco' it my duty to signifie what I heare, on Satturday Night, one
of Springfeild, (who is a very credible & sullicicnt man to Render an acco') Having bene
at yo vp l> Townes, returned Home, & tcls me That on Friday last, y? 15'^ of this Instant
July in yo afternone toward Night about an Iloure & halfe or Two houres before sunset
some Indians appeared in Ilatfeild Mcddow wlicre people, cheifely lads were at worke in
Hilling of Indian corne y corne being high, y" Indians came vpon them on a sudden they
not seing them til tliey were vpon y" & being vnarmcd & nothing to resist them, Tho
cnymy killed Three p'"sently Two lads & a man The man John Billing one of o"" Troopers
was a year man ready for service vpon al occasions, & Hearing y Bussel went to his
Horse to be ready But just as he mounted his Horse was shot downo dead, The Two lads
killed in y Place where they were at worke about their corne & another Lad y* was w">
y'" at worke is wanting y' it is supposed he is also, killed, or caryed away, though it is
evident they rather designed killing then taking o'' People, because they had opportunity
to have taken many lads more y' were there who got away one man by name Nathanel
Dickenson, whose son was one of y lads y' was killed & also y lad wanting is another of
his sons, sd Dickenson at some distance from them being alitle concerned for his children
Hearing y^ Noise & disturbance where about his children were at worke gat his Horse &
Rid to y Place where seing Psons killed, & y« Indians di'awing off Rid vp to them, when
an Indian made shot at him & killed downe his Horse, so y' he drew off, & escaped, w"'
several others y' were there at worke They say it was only 4 Indians who came betwene
y Rows of corne (y corne being high) & were not discernable til killing of y"" : Having
searched also they plainly se y« distinct Tracks of 4 Indians & noe more, each one coming
vp to y" at worke betweene y Rows of corne yet one of y lads That got away says he
observed them when he was got alitle fro them & told y'" to be .5. tho in his fright he says
he might mistake: Tis vexy <t>bable it may be some of those Indians y' Joseph English
told of, & y' y remainder may make .2. or .3. smale parcels more to Lurk at other places
for opportunitys to doe Mischeife: I heare nothing fro Dearfeild, Hope al is wel there,
where are Placed al y^ soldiers, yo" ordered me as also at al other Places, Having com-
pleatly ■}? formed in every respect according to jO' Honors direction & Commands & al are
vpon Duty & at Dearefeild scouts were out yet these Indians yt did y Mischeif at Ilat-
feild not discovered though also a soldier Posted there at Hatfeild Farmes hard by where
this Mischeife was in their greate Meddow, not far fro y^ Farme Garrison I haue now
given acco' of this surprise, vnto c soldiers at Brookfeild to further their care & watch-
fulness, & doe thereby Transmit what I know to jo^ Honor whom I am assured wilbe
sutably concerned: I "am as Pticularas I can, not Having Reed any letter Cap' Partrigg
(as y» man tels me) was busyly Imployed in getting soldiers together & had ready
betweene 20. & .30. in halfe an hours time who went out after ye enymy But it was nere
sun downe first tho they Avent p''scntly assoone as notice of it came to y Towne, when
also sending to y^ next Townes, Northampton sent out in y evening 30. to Hatfeild what
is done I know not or how far they might -Psue : I suppose Capt Partrig by some
Travellers or otherwise may give yo'' Honor a more ful acco'
That Earle Bellamont should haue notice I know yo'' Honor wil not neglect whether
Frontenack at Canida should not be Inqvired of concerning their Indians yt should they
act when Peace is concluded c Captives to be demanded &r : y^ Messenger stays & I may
not ad but my humble service & am in al sincerity
Yo'' Honors most humble & faithful serv'
John Pynchon
some say this may be Albany Indians in Revenge time wil discover more I suppose I
shal heare to-day." — Mass. Archives, vol. 70, p. 3 S3.
" July 22, 1698. Upon letters received yesterday from the County of Hampshire by
Express, informing that the Indians had lately committed some outrages and Murders
upon some of his Maj''£? good subjects of the Town of Hatfield, and that by their knowl-
edge of one of the Indians that was slain in the said action, and the relation of two Eng-
lish youths, who, being taken captive by the said Indians, were recovered again out of
their hands, and knew'some of them; they are well assured that the said Indians which
committed the aforesaid outrages and Murders, are of the Schackhook River Indians nr
Albany.
Advised and Resolved : That a Letter be forthwith dispatched with the Intelligences
thereof unto his Excellency the Earle of Bellomont (now at Albany) and to pray his
ExcelKy to take such methods and orders concerning those River Indians as may prevent
their coming to the Western Plantations of this Province or committing any outrages upon
his Maty'*' subjects, with whom they pretend to be at Friendship.
And that a letter be also written to Col^i Pynchon directing that himselfe advising with
Capt" Partrigg Ml Hawley and other Gent;i of that County do forthwith send two suitable
persons to wait upon his Excellency at Albany on this occasion, taking with them two or
three others that may be capeable to evidence concerning the villanies and Treacheries of
those River Indians, that a particular & full representation thereof may be made unto his
Excell£y. -^^m Stoughton." Exec-
utive Records of the Council, vol. 2, p. 545. ~
Pynchon and Partridge appointed Hawley and Parsons to proceed to Albany, as directed
by the Council. The messengers bore with them a memorial to Bellomont, signed by the
two officers that appointed them, informing him of the murder at Hatfield, as described in
Pynchon's letter, and soliciting his influence to prevent the recurrence of such atrocities,
and to insure the punishment of the murderers. This memorial has not been discovered ;
but, upon receiving it, Bellomont forthwith caused the Schaghticoke Indians to be examined
f^06 Province Laws {Resolves etc.). — 1698. [Chap. 49.]
as to their knowledge of, or complicity in, that affair. The result of this inquiry was to
convince the Governor that the guilty parties were from Canada. He immediately
despatched to Frontenac a letter, from which the following is an extract: —
"Sir:
I have just arrived from the frontiers, where, among other things, I have had a con-
ference with our Five Nations of Indians,
I learn from New-England that your Indians have killed two of our English in the
vicinity of a village called Hatfield, and taken off their scalps, and that it occurred about
the l.jtii of last month, whilst those poor people were busy making their harvest, being
wholly unarmed, thinking themselves secure by reason of the peace. Such Ijarbarities
cannot be heard of without exciting a thrill of horror. It is added that your Indians are
encouraged hereunto by the reward yoti pay them, viz : fifty crowns for each scalp. . ."
— Documents Relating to the Colonial History of the State of New York, vol. IV., p. 367.
Frontenac's reply was dated the twenty-first of September, and contained the following
passage : —
"I have sufficiently explained myself regarding some Indians of Acadia, and was
always apprehensive that imless those of their Tribe, who are detained in prison at Boston
with such ijad faith, were immediately restored to them, they might organize some expedi-
tion against your Colony. I regret nevertheless, the attack which, as you inform me,
they made on Hatfield, where they kilied two men. This obliges me to send, now, a
second order to these Indians to make them cease hostilities. But I have again to repeat
the request that you have their people sent Ijack to them, to which j'ou have not given me
any answer."— Ibid., vol. IX., p. 60,5.
His Lordship also faithfully reported all the proceedings to the Lords of Trade in his
despatch of the sixteenth of September; as follows, —
" A memoriall signed by Col. Pynchon and Mr. Partridge and sent me to Albany by
M'' Hawley and M' Parsons about the murder of two Englishmen by some Indians at the
town of Hatfeild in New-England is sent herewith . . together with my examination of
the Skackkook Indians about the said murder, . . . will inform your Lordships of the
whole of that matter. I have also resented that l)arbarous action in my letter to the
Governour of Canada, bearing date the 13"i of August last . . having probable grounds
to beleive the Canada Indians committed the murder." — Ibid., vol. IV., p. 364.
The following is the account which Hawley and Parsons rendered of their disburse-
ments : —
" To the Hono'ble Leivt Governo'' And Councell Now sitting In Boston
Here follows An account of the charges of those who went to Albany : with us whose
names are subscribed :
To Benjamin Wright for himselfe and Horse, twelve dayes : At three
shillings P day : iiesides other expences : 01-16-00
To provision and drink for the Journey out and home . . . . 00-12-00
Charges at Albany and horse keeping 00-08-00
Charges at Cander hook up and Down 00-04-03
total I ;
To John King the same
Will King: i3en J Stebbins Jonathan Taylor : same: .
To Nathaniell Gillit: 2« 10^ : Loss of his horse : S''-: .
To Hire of an horse Down 12«
To shoeing eight horses Round : by Eben'" Pumrey : .
To Expences at Westfield : eight men and Horses, out & home :
for which we Crave an order :/
03-00-03
03-00-03
09 - 00 - 09
05 - 10 - 00
00-12-00
01-12-00
01-06-06
24-01-09
Joseph Hawley
Joseph Parsons
11
00-
- 2-
d
- 6
07-
01-
24
-16-
-12-
01
-00
-00
.09
Besides our own time Horses and Expences which
were Considerably more then if we had binn upon our
own Private Bnisness ; for which we Referr o'selves
to your Hono'^s :
To one horse from Marli)orough, for y advantage of the abovesd
Expedition viz Dan" Hows horse 30 Mile
To money exspended : out and home and at Albany : Three pounds
eighteen shillings : Apeice 07
for our Horses Journey : 10" Apeice . .
33: 12: 3
6:8:4 £33 12 : 03."
— Mass. Archives, vol. 101, p. 121.
The order in Council* for the payment of the allowance granted by this chapter was
passed December 9, 1698, and in the province treasurer's accountf Hawley and Parsons
are charged with forty pounds paid to them, accordingly.
Chap. 49. This chapter is from archives, vol. 70, p. 387. It is recorded in council
records, vol. VI., p. 61").
The date of Captain Clarke's appointment is shown in the following petitioa which was
the foundation of the order that constitutes this chapter: —
• Executive Records of the Council, vol. 2, p. 667.
t Mass. ArchiveB, vol. 122, p. 138.
[Notes.] Frovincb IjAws (Resolves etc.). — 1G98. G07
" To the IIon''i<' tho Leivtenant Goveraour and Council and the HonWe the assembly
Now setting in Boston
The Humble Poticon of Tim2. Clarke :
Sheweth —
Tlialt your Poticoner haueing Reed : a Commission from tho 11' IIon'>'e the Lieutenant
goveraour and Coiur in Chile and instructtions both bearing date tho 2'.)'!' of aproll 1097=
To take the Command of his mag'is fort Batterys : and fortilicaiions: att the foot of fort
Hill in Boston : and in tho l)chalfo of his mag','* to take limcdyato Poseshoiie of sd fort and
of all : the grate and small artilary with all tho stores : for warr tharvnto belonging and tu
Putt and kecpo tho sd fort in good and sufficient llopair iitt for his mag''-'' servis ail whicli :
your Pcticouer hath dun with the Expens of much limo and mony' and Avharas your
Peticoncr hath Not yett llcced : any Pay nor any other Considearatione for the same doe
hope that you will take the same into your Considaratione and order such alowans to be
made to your Peticoncr for y= aboue sd servis as yof: Hon'^si shalt think Convenyent.
and your Peticoner shall Ever Pray &c
Boston N E= Novem£. 21 : 1698 Toio Clarke." — Mass.
Archives, vol. 70, p. 3S8.
By the following order it will be seen that Clarke did not actually take charge of the
South Battery for some days after the date of his commission : —
<' Province of the By the RJ Ilon'^l^ tho Lieutenant Gov-
Massachusetts Bay. ernour & Comman'dj in Chief
Whereas I have Commi'ssionated Cap' Timothy Clarke to be Captain of His Majes''M
Fort Batteries and Fortifications scituate at the foot of Fort hill (so Called) in Boston.
I order that you deliver the s<i Fort, Batteries, and Fortifications with all the Guns,
ordnanc amunition and other Stores thereto belonging unto the said Capt Timothy Clarke
takeing his receipt for the same. Given under my hand at Boston the Third day of
May 1697. — W-^ Stoughton
To Capt Timothy Prout late Commandf
of the abovemenconed Fort &cV- —
A true Copy of the Original & left on file instead thereof
Exam^ <p Adton Davenport CTer." — 7Wd.,;>. 541.
The changes in this chaiiter, from the lime it passed the House, are shown on its face as
here printed. In the Secretary's record it appears much simplified, the last twenty-three
words being omitted.
The order in Council* for the payment of this allowance was passed December 22, 1698,
and the province treasurer in his accountsf charges Clarke with the amount as paid to him.
From a memorandum on the petition it would seem that it was at first rejected, it hav-
ing been read on the twenty-filfth and again on the twenty-ninth of November, when the
adverse vote was taken.
Chap. 50. This chapter is from archives, vol. 70, p. 390. It is recorded in council
records, vol. VL, p. 617.
The petition upon which this resolve was based is as follows : —
"Boston: Nouembr 30: 1698 —
To yo honoWe W'P Stoughton Esq^ L« Gouernor of y" Prouince of the Massachusetts
Bay in New England, The Councill & Assembly now Sitting.
The Petition of John Nelson Gentleman humbly Sheweth. —
That whearas y Petion"" hath for neare seauen years last past been a prissoner unto y"
french, under pretence of a reprisall for sundrie souldiers, which had been taken at port
Royall, by the Late b^ Wm Phipps, in ye Yeare 1690, and as they AUedged Conti-arie unto
y« Articles then made by him. Instead of returning them unto some of y« french Kings
dominions, they were here detained as prisoners, by reason of which, y P'tioner, and
sundrie others of this prouince ; haue been great sufferers in franco, soe that y P'tioner for
y« Obtaining of his lybertie, was Constrained to Comply with ye Demands of y= french
Court, by ingageing tho returne of j" said souldiers, in the space of Eighteen monthes
affter ye Inlargemt of y P'tioner, from his Confinemf In pursuance of which, by ilie
soUicitations of sundrie p'sons, The Authority here were preuailed with, to p-mitt ye send-
ing back of the said souldiers, in Order whereunto, ¥■" Petitioners Wife & freinds were at
y« Labor & Expence of finding out such of y® said souldiers, as yett remained, they being
dispersed throughout y" Country, & by theire great paines & Charge, did gather to geather
sundrie of them, with hopes that they should haue been sent to Quebec, on y Ace" & for
y behalfe of y Petition'', But soe it was, that Instead of the said souldiers being sent for
the release of y Petiton'', they were by Order of y Gouerment Caried to Canada, and
were there Exchanged for a Considerable Number of English prisoners, with out any
regard or mention of y s'' Petitioner, soe that y P^tioner receiueing noe benifitt thereby,
was constrained in discharge of his promise, and the securities he had left in france, to
surender himselfe againe a prissoner unto the french &c. — And Wheareas y P'tioner dure-
ing his being with y' french at y Eastward, did buy & release from y^ Indians seanen
English Captines, some of which would haue been put to death according to theire Bar-
barous maner, if y P'tioner had not Interpos'f by his interest w"" y french, & redeeming
of them at his proper Charge, of which y P'tioner has here diuers Evidauces, The
p''misses Considered togeather with y P'tioners sufferings, losses, & diuers other things
to teadious here to relate, will noe doubt be of sufHcient Inducement for this honorable
Com-t, to render y P''tionei Justice in repaying unto him his disbursments for y takeing
up of ye souldiers affores'', according to y« Ace" here Anexed, as allsoe some Considera-
• Executive Records of the Council, vol. 2, p. 673.
t Mass. Archives, vol. 122, p. 149.
608 Province Laws (^Resolves etc.). — 1698. [Chap. 51.]
tion in regard of the Captiues ransomed by Mm. — A due and fauorable answer nnto y'
Ptioners request is humbly prayed by.
Y"" Most humble & Obedient Servant
J2 Nelson." — Jl/ass.
Archives, vol. 70, p. 389.
"With this petition was filed the following account of disbursements made in getting
together tbe French prisoners, to be exchanged agreeably to Nelson's promise : —
" 1695. July. 16. Payd Arthur Mason junr in part of his Expences to get
y^ frenchmen . ' £6,, -,, -
Augi. 7. pd Jn9 Ai-nald & ditto Mason . ..... £13„16,^-
p<J for writings about y soldiers ;/ 6 ,, -
disburced— £20^, 2„-
In behalfe of m^ Jn^ Nelson iP' me "W Harris."
— Ibid., p. 391.
The order in Council* for the payment of the allowance granted by this chapter was
passed December 22, 1698.
Some account of Nelson, and of his services and sufferings for his country, has been given
in the note to chapter 33, mite.
Chap. 51. This chapter is from council records, vol. VI., p. 617. It is preserved in
archives, vol. 58, p. 182. It was originally di'awn as a vote for granting two hundred and
fifty pounds per annum to Rev. Increase Mather upon the terms, and (\vith the exception
of the amount of the salary) in the words, as here printed. It passed the Council on the third
of December, and was sent down to the House, where it was read a first time on the same
day, and, on the fifth, voted a nonconcmTencs. On the seventh, the House reconsidered its
vote (it seems, from Sewall's statement, after a conference) and concurred with the Coim-
cil, except in the amount of the salary. The result was the vote which, as an order, and
^vith the preamble added thereto by the Secretary, forms this chapter. In this vote the
Council concurred.
Increase Mather aspired to be at the head of Harvard College, but under a corporate
government in which he might feel sure of a controlling influence. The actf of incorpo-
ration of 1692, which was passed when he was in the zenith of his power, is perhaps the
nearest approach to his ideal of a proper charter that he ever expected to attain, but this
had been disallowed by the Privy Council, ostensibly because the visitatorial power had
not been exclusively reserved to the king or his immediate appointee. By the time the
tidings of the disallowance of this charter reached New England, Mather had lost much of
his prestige ; and he never again succeeded in obtaining from the Legislature an act of
incorporation so entu-ely agreeable to his wishes. A bill was drawn up in 1696 with some
prospect of being passed ; but it was successfully opposed by Mather, who endeavored in
vain to induce the Legislature, instead of passing this bill, to authorize him to proceed to
England, as the agent of the province, to solicit such a charter as would be acceptable to
him, and, as he professed to believe, would prove most advantageous to the college and
to the province. What his ulterior purpose was is not so plain. It is certain, however^
that, the granting of a charter being an act of prerogative, he could have returned with such
an instrument as would have pleased no one but himself and his son, and which, being
under the great seal, could not be altered or repealed without the consent of the crown.
He had had experience in this sort of diplomacy when, from his mission to England as
agent to solicit the restoration of the colony charter, he returned with the charter of the
province, bj^ which his friends were placed in power, and both of the old colonies were
absorl)ed and extinguished, against the protest of all his associates in the agenc.v. He
seems, evidently, to have been of the opinion that he could be equally successful in settling
the affairs of the college, an enterprise in which he had a particular and personal interest,
or, if he failed in the attempt, that he could improve the occasion of his sojourn in London
to arrange for a transfer of his field of professional labor from the province to England.
From the first year of his appointment he had succeeded, against the urgent and
repeated requests of one or both branches of the Legislature, in holding on to the presi-
dency, without removing to Cambridge, by alternately threatening to resign and retire to
England, and pleading the unsettled condition of the college and the claims of his congre-
gation in Boston. No settlement of the college, he claimed, could be effected save under
such a charter as would be acceptable to the crown — the indispensable requirement being
the exclusive right of visitation which the king, in his Privy Council, had demanded. This
point, of which, after it had been made in England, he availed himself as his best argu-
ment, was politicly taken, inasmuch as, while its force could not be denied here, it was well
adapted to win for him the good will of the administration in London ; and there is reason
to believe that if he did not encourage the home government to insist upon it, he is not on
record as having asked them to yield it.
Upon the failure of the abortive charter of 1696, a new charter was drawn up, which
passed the General Court the next year. Bellomont was daily expected here, and great
hopes were entertained by the friends of the college of a favorable result from his advice
and influence in respect to placing the college on a permanent basis. Mather now
redoubled his efforts to secure the agency ; and for a time the prospect seemed encourag-
ing. Notwithstanding he knew that his name had been mentioned to Bellomont as that
of the only person wliom the Governor could implicitly trust in this business, he appears
to have been anxious to have the certainty of his mission established before the Gov-
ernor's arrival, — as if predetermined not to commit himself to any measures which
should not be the result of his own negotiation in London. Sir Henry Ashurst wrote to
* Executive Records of the Council, vol. 2, p. 572.
t Province Laws, 1692-3, chapter 10.
[Notes.] Province Laws {Reaolvefi etc.). — 1098. 609
him, mildly cxpostulatini? upon the impolicy of this course, wliich Lc represented a9
virtually an abMndonment of the field to his enemies, and a disappointment to the Gov-
ernor. As early as March, Mather Lad fixed upon July or Auf,'ust as the probable date
of his visit to London; yet, upon Bellomont's arrival at New York, he lost no time in
sctiding his coni^ratulations wliilc excusing himself, on account of "a late indisposition
as to my health," from waiting upon the Governor, in person. In his congratulatory
letter ho had the disingcnuousnoss to declare to the Governor that, but for this expectation
of His Excellency's arrival, he might have been in London on the business of the college
at the time of his writing. Mather got the college corporation to send one of the fellows,
with an address, to the Governor, urging him to use his influence to pi-evail upon the
Legislature to authorize and assist liiiu (Mather) to proceed on the agency. It would seem
that, at first, Bellomont was induced to fall in with this suggestion ; but later, after he
arrived at Boston and had opportunity to understand the character of the person chiefly
concerned, and to hear other subjects discussed by men of different opinions, he himself
accepted the invitation of the Legislature to undertake, in behalf of the province,* to pro-
cure a royal charter without Mather's interference. Meanwhile the act of 1G97 had been
sent to the Privy Council, where it was received with such favor that Ashurst assured
Mather that it *' had passed the solicitor without any amendment and would certainly pass
the Council." Mather, however, so far from using his influence to have the act confirmed,
had already written to Blathwayt that he was corning to London, and, apparently without
the knowledge of Ashurst, had urged that its further consideration be postponed until his
arrival.
On the tweaty-fourth of November, 1698, the Lords of Trade prepared their representa-
tion to the Lords Justices of the Privy Council, recommending the disallowance of the act,
and an order in Council was passed accordingly, and the reasons therefor were ordered
to be communicated by the Lords of Trade to the government at Boston.
Before this intelligence was received, the Legislature made another attempt to induce
Mather to remove to, and reside at, Cambridge.
This was evidently not unexpected by Mather and his friends, who sought to avert the
objectionable measure by proposing that the Legislature establish the office of a salaried
vice president, to reside at the college and to perform the duties of the president, in his
absence. Accordmgly, the following petition Ijy the corporation was read on the twenty-
ninth of November, but no record of further acl:ion thereon has been discovered : —
"To the Honourable y Lieu' Govern'' Council, & Representatives, in Gen" Court
Assembled.
In as much as the Condition of Harvard Colledg, doth render it very necessary, that
some further provision be made for y wellfare thereof; It is humbly proposed imto this
Honbie Assembly, that in case y" Corporation of the said Colledg can prevail with any fit
person to Accept of the place of a vice President, & remoove unto y" Colledg, & there per-
form yo work usually attended by Presidents resident at y' Colledg, under y= continuall
assistance & Countenance of the Rev^ President (ye continuance of whose relation to the
Colledg is on all Accots needfuU) & in his absence, to have the full power of the President;
This Honoured Court would please to order for such a vice president such encouragement,
as may be judged agreeable, while he shall devote himself unto a service of so much
Importance./ " ' James Allen
Boston 23. Novemby 1693./ In the name
& with the Consent of the Corporation." — Mass. Archives, vol. .IS, ;>. 179.
This was followed, a few days later, by the passage of the present chapter, in which the
liberal allowance granted was intended as an inducement to Mather to yield to the desire
so often manifested, and now renewed, by the Legislature.
A joint committee was immediately appointed to wait upon the President ; but the names
of this committee, the nature of the duty with which they were charged, and the particu-
lars of their interview, are only to be found in Sewall's Diary. He makes the following
record : —
"Decx 8. . . . The speaker, Mr. Eyre, and Mr. Oliver, Dept. for Cambridge, were of a
comittee with Mr. Secretary and me to acquaint Mr. Mather with the Courts desire of his
removal to Cambridge, and carry him an Order for £200 "per annum so long as he should
reside there. By reason of the Wedding.f twas near 7 in the even before we got thither. I
began, and ask'd excuse for our being so late. The reason was, most of us were come
from, a Wedding; However I hop'd, it was a good omen, that we were all come to a
Wedding. Mr. President expostulated with Mr. Speaker and Mr. Eyre about the votes
being alter'd, from 250 [L. ?], as the Council had set it, and also his name being left out
and making him a five years president. Note. By a conference the Bill was made as
ours at first, saving fifty pounds less. We urg'd his going all we could ; I told him of his
Birth and education here ; that he look'd at work rather than Wages, all met in desiring
him, and should hardly agree so well in any other. Mr. Speaker, in behalf of the House,
earnestly desired him. Objected want of a House, Bill for Corporation not pass'd;
Church; [his attachment to it] Must needs preach once every week, which he prefered
before the Gold and Silver of the West-Indies. I told him would preach twice aday to the
students. He said that [exposition] was nothing like preaching." — Vol. I., p. 487.
Mather subsequently addressed to the Lieutenant-Governor a letter, of which Sewall has
preserved a copy, as follows : — •
^' A Copy of President Mather's Letter.
To the Honorable William Stoughton, Esqr. Lieut. Governour of the Province of Massa-
chusetts Bay.
Honourable Sir,
I promised the worthy Gentlemen who acquainted me with the Proposal of the General
Court concerning the removal of my Habitation from Boston to Cambridge, that I would
* Renolvea. 1700-1, chapter 43.
t " .Siinon I.eeandTheodor Belchai " were rriiirried by Rer.Mr.Myles, Decembers, 1698. Boston
Town Records.
610 Province Laws (Resolves etc.). — 1698. [Chap. 53.]
return my Answer to yonr Honour. In the first place I give my humble Thanks, as to the
General Assembly, so, in a special maner, to the honourable Council, and to your Honor
in a most peculiar maiier, for the Respect in this Motion manifested. Nevertheless, as to
the thing proposed, I do not see my way clear. As to the Salary, I make no objection,
although it is considerably less than what I have in Boston, through the Love and bounty
of the people amongst whom God hath fixed my present abode. But the objections which
are of weight with me are these; — 1. If I comply with what is desii'ed, I shall be taken
off, in a great measure at least, from my publick Ministry. Should I leave preaching to
1500. souls (for I supose that so many use ordinarily to attend in our Congregation) only
to expound to 40 or 50 Children, few of them capable of Edification by such Exercises : I
doubt I should not do well. I desire (as long as the Lord shall enable me) to preach pub-
lickly every Lords Day. And I think all the Gold in the East and West-Indies would not
tempt me to leave preaching the Unsearchable Riches of Christ; which several of the
Presidents in the CoUedge were necessitated to desist from, because of their other work.
2. I am now (through the patience of God) grown into years, wanting but half a year
of 60. and of a weak and tender Constitution of Body, not well able to endure the Hard-
ships of the Presidentohip. A .younger and a stronger man would do better. Invalid<B
vires inrjenntmqne mihi.
3. I have laboured much both in New-England, and in England to obtain an hapy
settlement of the CoUedge. Should I at last go thither my self, the World would say, (as
I hear some do say) that I sought my self in all those Endeavours. Such Reproaches
will, by a Resignation of my Relation to that Society, be forever put to Silence. One
Reason of my retaining my Relation to the CoUedge thus long, has been because it was
thought, that would facilitate its Charter-Settlement. Could L see that done, 1 should
with great joy give way to another President.
4. I am satisfied that the Church to which I stand related, will not set me at Liberty.
Many of them say that God has made me their Spiritual Father; and how can they con-
sent tliat I shotild go from them ? Besides, they well know that I have had a strong Bent
of Spirit to spend (and to end) the remainder of my few days in England; and that the
thing that keeps me here, now the Gospel has a free passage there, is my Love to them:
for which cause they will not consent to my being discharg'd of my Office-Relation, with-
out which I must not remove to the CoUedge. For it is not fit that I shuuld retain an
Office without Discharging the Duties of that Office.
I neither will, nor have I obstructed the settlement of the CoUedge in a better hand. I
have often (as your Honour well knows) desired to resign my Relation to that Society.
And if it will not be grievous to you, I shall to-morrow (If 3'ou please) deliver a Resigna-
tion of the Presidentship to the Senior Fellow of the Corporation, for iiim to call a Corpo-
ration-Meeting in order to the chusing another President. And let the Corpora^fion doe as
they would doe if I were out of the World. Thus, Sir, have I taken the freedom to
acquaint you with my present Inclinations, and with the Reasons thereof, which I cannot
answer. Could I see them well answered to my own satisfaction (but of that I despair) I
should be capable of changing my mind. Untill then, and ever, I remain
Honourable Sir,
Decemb'-16.1698. Yours to Serve
Increase Mather. — Ibid., p. 493.
Mather having thus declined the proposal conveyed in the passing of this chapter, it
ceased to be operative, and the next year he was granted* for this year's service the usual
stipend of fifty pounds.
Chap. 53. This chapter is from archives, vol. 11, p- 127. It is recorded in council
records, vol. VI., p. 620.
Berwick had already been granted an allowance for the support of the ministry. See
resolves, 1697, chapter 28. The circumstances of the parish still continuing straitened,
the following petition was presented at the first session of the General Court this year : —
" To the Ilono'^hie William Stoughton Esq ; Lieu' Govf his honrd Council & the Repre-
sentatives, assembled, May 25. 1698 —
Whereas y- Circumstances of y« Parish of Barwick Continue as Sad as, or rather more
grievous than hitherto by reason of ye Not ceasing of y" Wars & y" Extreme deadness in
trading o'' humble petition is y' o'' Case as Represented in o"' Last years Petition may be
duly Considered & y^ like Bounty yo"' honour'd Assembly was pleased to allow us for y«
year 1697/8 toward mainingf yo Ministry in o'' sd parish. Viz' twenty pounds, may be
granted toy« same Use, for the year ensueing, which will Oblige us to be ever
Yc Hono'^ most devoted Serv^
Daniel Goodin ] Select men
James Emery & others
James Warren chosen
Barwick May. 20'.'' 1698 Peter Grant I to
Benont Hodsden ' act in
Nathan Lord behalf
Thomas Goodin of sd
Benjamin Nason J parish." — Mass.
Archives, vol. 11, p. 127.
No further action than the reading of this petition appears to have been taken upon it
until the second of December, when the order which constitutes this chapter was passed
in the House, and sent up for concurrence to the Council, where it was concurred in on the
seventh.
The order in CouncilJ for the payment of this allowance was passed October 23, 1699.
* Resolves, 1699-1700, chapter 10.
iSic : raaintalniiig.
Executive Records of the Council, vol. 3, p. 76.
[Notes.] Province Laws {Resolves etc.). — 1G98. 611
Chap. 54. This chapter is from archives, vol. 106, p. 435. It is recorded in conncil
records, vol. VI., p. G20.
The following is the petition upon which this resolve was based : —
"Vnto the hon';io The Lievt Gove: and Councill and Representatives in the Generall
Court sitting in Boston in Novemlier l'J9H.
The Petition of John Woodcock of Atleburrough Inholder.
Humbly Shewcth
That in August IGSl) when Cap' Prentis was sent I)y the Government of this province to
Rhoad Island to fetch or biing back Sir Edmund Andrews Tlio s'' Cap? Prentis with his
whole troop quartered one niglit In your Petitioners hous on their Jurncy to the Island
and one other night on their roturne and left of charges unpaid for sd two nights Eleven
pounds twelf shillings and six pence As by a writeing and acknowledgement under the
hand of sd Cap*. Prentis (i)roduced herwith) will plainly Appear
It is therefor humbly Ci-aved your hon^s will pleas to take the premisses to Considera-
tion And to grant an order to the Tresaurer for payment to your Petitf of the aforsd sume
of Eleven pounds twelve shillings and six pence or otherwise to order that your Pctitf
may have allowance of sd sume in part of his Rates or excise to be paid by him And
your Petitioner shall ever pray &c. John Woodcock." — Mass.
Archives, vol. 106, p. 43i').
With this petition Woodcock filed the following certificate : —
" August 6 IM
This may Certefy to whome It may Concerne that I was Sent by y- the then Gouernm'
then setting Att Boston to Road Island for to fetch S£. Edmund Andros for his Absenting
him Selfe And we quartred In our Journy Att Jn" Woodcockes wj^i Charge Comes to fine
pounds Eleauen shiligs Sixe pence Att our Returne wee then quartred Att sd Woodcocke
house wch Charge Comes to Sixe pounds one shill ys whole being 11",, 12''„ 6<* w='' Sumes
of mony he is not Satisfied there for y Subscrit)er Desires that y sd "Woodcocke may be
Satisfyed —
Boston y« 12"> of Jun* IGM Thomas prentis Cap." — Ibid., p. 436.
Tlie resolve granting this allowance was passed in the House on the sixth of December
and concurred in by the Council on the seventh.
The order in Councdf for paying the allowance was passed December 22, 1698.
Chap. 56. This chapter is from archives, vol. 11, p. 132. It is recorded in council
records, vol. VI., p. G21.
The particulars of the journey made by the committee appointed to wait upon the new
governor on his arrival at New York have- been given in the note to resolves, 1697,
chapter 62.
According to the custom at that time, this embassy was accompanied by a chaplain, to
whom, by this chapter, an allowance was made for his services in that capacity.
The order in Council^ for the payment of this allowance was passed Decemiier 22, 1698,
and the payment to him accordingly is charged in the account^ of the province treasurer.
Chap. 57. This chapter is from archives, vol. 40, p. 544. It is recorded in council
records, vol. VI., p. 623.
The order in Council || for the payment of these allowances was passed December
22, 1698, and the payment was duly entered by the province treasurer in his accounts.^
Chap. 58. This chapter is from council records, vol. VI., p. 623. It has not been
found in the archives.
The order in (%)nndl|l for the payment of this allowance was passed December 22, 1698,
and the province treasurer in his accounts charges Addington with the amount thereof.
Chap. .59. This chapter is from archives, vol. 70, p. 396. It is recorded in council
records, vol. VI., p. 023.
On the twenty-seventh of June, 1698, " John Walley Esq; was chosen by the Court to
be the Comissioner and Collector to have the general Inspection, care, and Management of
the Duties of Impost, and Tunnage of Shipping, and whatsoever relates thereunto "** under
the provisions of the acttt of that date.
The allowance granted by this chapter was not paid until the next year, when, upon the
settling of Walley 's accounts, a resolve++ was passed, confirming this chapter.
Chap. 60. This chapter is from archives, vol. 101, p. 132. It is recorded in council
records, vol. VI., p. 623.
This resolve was passed upon the following petition : —
" To the Generall Assembly of his Majestys Province of Massachusets Bay now sitting
in Boston
Ephraim Savage requesteslh that you would be pleased to Order what shall be his sallery
for serving as one of the comittee of Debenters from July 1697 to July 1698 and to give
order for the payment of the same." — Mass. Archives, vol. 101, p. 133.
* Doubtful.
■f Executive Records of the Council, vol. 2, p. 675.
X Ibid., p. 573.
§ Mass. Archives, vol. 122, p. 149.
fi Executive Records of the Council, vol. 2, p. 571.
II Mass. Archives, vol. 122, p. 148.
** Council Records, vol. VI., p. 602.
ft Province Laws, 1698, chapter 16, § 12.
Jt 1699-1700, chapter o, and note.
612 Province Laws {Resolves e^c.). — 1698. [Chaps. 61-67.]
The resolve was passed ia the House on tne ninth of December, and was concurred in
by the Council on the tenth. The money was paid under a subsequent resolve, 1699-1700,
chapter 12, q. v.
Chap. 61. This chapter is from archives, vol. 101, p. 130. It is recorded in council
records, vol. VI., p. 623.
The " draught " mentioned in this chapter as "presented to this Court " was perhaps
the first drawing of .Soiithaclv's nuip, wiiich, eventually, he enlarged so as to include the
whole coast from New York to the island of Cape Breton. If this surmise is correct, it
would be interesting to know what part of the coast this first essay embraced.
The order in Council* for the payment of the allowance was passed December 22, 1698,
and the amount thereof was duly charged as paid to Captain Southack, in the province
treasurer's accounts .f
Chap. 62. This chapter is from archives, vol. 48, p. 299. It is recorded in council
records, vol. VI., p. 623.
The order in Councilt for the payment of this allowance and also of the allowance made
by chapter 63, post, was passed February 16, 1698-9, and the amount thereof and also the
additional sum of S3ven pounds allowed to Davenport, by chapter 26, ante, is charged in
the treasurer's accountsf as paid to these clerks, being a total of thirty-two pounds.
Chap. 63. This chapter is from archives, vol. 48, p. 300. It is recorded in council
records, vol. VI., p. 624. See the foregoing note.
Chap. 64. This chapter is from archives, vol. 48, p. 298. It is recorded in council
records, vol. VI., p 624. See chapter 27, ante, for the last previous allowance to Maxwell.
The order in Council) for the payment of this allowance was passed December 22, 1698.
The following entry appears in the province treasurer's accounts from May 30, 1698, to
May 31, 1699: —
" Paid James Maxwell door keeper & messenger to the Governour &
Council & Assembly in full of halfe a yeares Salary ending the 8':''
June 1698 allowed by the General Assembly 15 „ — ,, — . "
— Mass. Archives, vol. 122, p. 149.
Chap. 65. This chapter is from archives, vol. 48, p. 297. It is recorded in council
records, vol. VI., p. 624.
The order in Council^ for the pavment of this allowance was passed December 22, 1698.
The following entrv appears in the province treasurer's accounts from May 30, 1698, to
May 31, 1699: —
" Paid Henry Eames for service done for the house of representitives . 2 „ — ^ — . "
— Mass. Archives, vol. 122, p. 130.
Chap. 66. This chapter is from council records, vol. VI., p. 624. It has not been
found in the archives .
Chap. 67. This chapter is from council records, vol. VI., p. 624. It is preserved in
archives, vol. 70, p. 374.
The following is the petition mentioned in the preamble to this chapter : —
" To the hon"' the Create and Generall Court of the Province of y^ massachusetts Bay
now Sitting in Boston
The Petition of Seth Pope of Dartmouth in behalf of Sam Quabiicom als Sam Nopye,
and Job Penwatcheage two Indians of s'' Dartmouth who were souldiers in his maj*''^* ser-
vice in an Expedition to y"? Eastward in y^ yeare 1696 und'' ye command of Cap" Jethro
Church an Indian Cap" Then subject unto & und'' Majo'' Benjamin Church's Regiment
Humbly Shcweth
That after the aforementioned Indians were (with other, of their Comp") discharged
from y<= said Expedition, they returned to their habitations and although ye wages of sd
Indian Company were delivered by Majo"" Walley to y^ sd Cap" Jethro Church, for pay-
ment thereof to y^ respective Indian souldiers under his command, yett they say that
they had no Notice of y' Same given them thereof nor ever were payd one penny of their
wages by y sd Captaine, nor did they know of y- Same till of Late, after y" death of y**
&^ jethro, and there being Two pounds Foure shillings and foure pence, due to y sd Sam
Nopye and one pound seventeene shillings and Eleven pence due to y" sd Job Pen-
watcheage for 'their said service as appeares by a noate of their wages herewith presented,
and for w^'' they are incessantly applying themselves to yo"" petition"" to take some care about
it soe as that they may have sd moneys payd them —
Yo"" Petition'' therefore on behalf of said Two Indians humbly Entreates This high and
hon''''''- Court to consider the premisses, by ordering paym' of their respective wages unto,
them ; as soone as may be soe as that yo'' petition'' May be quiet from their continuall
clamour when att home And as in duty bound shall pray &c
Seth Pope." — Mass.
Archives, vol. 70, p. 314.
With this petition Pope filed the following certificate from the commissioner on deben-
tures : —
■* Executive Records of the Council, vol. 2, p. 572.
iMasB. Archives, vol. 122, p. 149.
Executive Records of the Council, vol. 3, p. 4.
§ Ibid., vol. 2, p. ■'574.
[Notes.] Province Laws {Resolves etc.). — 1698. 613
" Cap' Jetliro had a Debenture for y« Indians waRCS y' were vndcr his CoiTiand & have
been Informed yt ho took caro to pay every one according to what was there Due, but
one or two Indians y' lived remote cairie not for yr wages vntil Cap' Jcthro was drowned
& Sam nopy a martin" vineyard Imllan saith ho is not paid & iiis due Comissary deducted
was one pound Seventeen & Eleven pence & this was done while our orders were to
deliver ye Capt" debentures for them solves & Companys Certyfiod this 8 Dec: I(J98
l> JouN Walley Com." — Ibid., p. 375.
This petition appears to have l)ecn read in the House on the seventh of June, but no
further action upon it was had in that session. On the ninth of December it was read
again, and an order was passed thereon substaniially as incorporated in this chapter, but
without the preamble, and was concurred In by the Council on the next day.
The order in Council* for the payment of this allowance was i)asscd Doccmber 22, 1698,
and the province treasurer in his accounts charged this amount as paid to Scth Pope,
accordingly.
Chap. 68. This chapter is from council records, vol. VI., p. 021. It is preserved in
archives, vol. 16, p. 524.
The circumstances which led to the passage of this chapter appear to have been as
follows : William Essett died intestate, having survived lils wife, Ann, the widow, lirst, of
Thomas Sheffield, and second, of Charles Perry. During her second coverture she was in
possession of the land and buildingsj in Boston of which her husband, Shetfield, died
seised, in his own right, in fee.
For many years, and before her marriage to Essett, she had been a helpless invalid, and
largely in debt on that account ; but as there were no known heirs to the estate, of which
she was the sole occupant and the prospective owner, there seems to have been no lack of
suitors for her hand, as often as she became a widow. To get this estate either vested in
her, or sold for the payment of her del)ts, seems to have led to at least two extraordinary
conveyances and to numerous lawsuits. As early as 1679 she had given a deed of the
premises, both in her own riglit and as the attorney^ of her husband, Perry, then absent
at sea, to Edward Shippen of Boston, " upholder," for two hundred and fifty pounds,
New-England currency. But, although this deed was delivered to the grantee and duly
entered of record, || she seems to have remained in possession, probably because of Ship-
pen's discovery of the invalidity of her title.H
It would seem that Perry, on his return, succeeded in finding, in a neighbor (Joseph
Homes or Holmes), a person willing to take from him not only a conveyance** of the
premises, but actual possession. This, it would appear, was a transaction in which his
wife was not invited to join and to which she did not consent, for, after the decease of
Perry, she brought suit in the County Court for Suffolk, held at Boston on the twenty-
ninth of July, 1684, "in an action of the case," against Homes, for that he "hath pos-
sessed himself in, and doth refuse to give her possession " of, the estate, etc., " which of
right doth belong to the plaintiff, it being lately her husband Sheffield, deceased, letters of
administration being granted the plaintiff." The jury, to whom the issue appears to
have been wholly lett, took the plaintiff's view of the case and brought in a verdict find-
ing for her," possession of the house and land suSd for, and costs of court." The defendant
appealed to the Court of Assistants, and, to prevent further disturbance of her title, and
to avoid the uncertainties of litigation, she applied to the General Court, in the following
petition : —
"To the Hon''We the Govern'' & Company of the Massachusets Colony Assembled in
General Court at lioston May 27. \^.
The Petition of Ann Sheffield alias Perry, widdow
Humbly Sheweth
That j'O'' poor Pet"" hath been of along time under the afflicting hand of God by sickness,
wherein she hath been burthen some to many of her friends who have lent her mony to
supply her necessity ; And now she hath nothing to make restitution to her friends & pay
her debts Save her house & Land left by her husband Sheffield & he dyeing Intestate, &
hath no relation liveing y yo'' Pet'' ever could hear of. the sd house & Land being now iu
her possession by virtue of a Judgm.' & Execution. And yo."" Pety haveing an oppor-
tunity to sell the same, the buyer Questions yo'' Pef^ Title thereunto.
Yor Poor Pet'" therefore humbly i)raycth that ye please to confirm the same to her, her
heires & Assignes for ever that so She may render what is due to every one.
And yo"" Pet£ Shall ever pray — &ct
Ann Sheffield als Perry." — Mass.
Archives, vol. 16, p. 374.
Upon this petition the following order was passed : —
" the Magistrates being fully informed of ye state of ye petitione'' & this case do grant
her petition provided she haue ye consent of ye Coimty Court of SufTolke for ye sale of ye
house & land herein mentioned desiring ye consent of o"" Brethren ye Deputyes hereunto
Edavaud Rawson secre'J'.
Consented to by the deputs William Torrey Cleric." — Ibid.
* Executive Records of the Council, vol. 2, p. 575.
t Mass. Archives, vol. 12'2, p. 150.
t Apparently these premises were situated on that part of Federal Street, south of Summer
Street, which was formerly called " Sea Street," and near the junction of the two streets, and
facing the harbor, or sea.
§ Power recorded, Suffolk Registry of Deeds, lib. 11, fol. 296.
II Dated July 24, recorded, December 19, 1(>'9, — ibid., fol. 259, 260.
IT Shippen conveyed his interest to Samuel Eells March 3, by deed recorded March 11, 1679-80:
ibid., fol. 296.
** October 13, 1679; recorded, July 29, 1693. Ibid., lib. 16, fol. 160.
614 Province Laws {Resolves etc.). — 1698. [Chap. 68.]
Probably the consent of the County Court to the sale of the estate was never obtained, for,
after her decease, Homes brought suit against her third husband, Essett, and Elizabeth
Willdnson, both of Boston, " in an action of the case, for refusing to deliver possession to
thoplalntififof an house and land in Boston [describing by boundaries] . . . purchased by
the plaintiff of Charleii Peny, husband to Ann ShefBeld, since deceased, and is now of
ri<^ht the plaintiff's — the possession of which house and land the said Essett and Wil-
kinson do unjustly detain from the plaintiflF, to his damage," etc. The jury found for
the defendant.
Besides bringing a cross action against Homes, for trespass, Essett applied to the Gen-
eral Court for leave to sell the estate in question, by the following petition : —
•'Tohis Excellency Sr William Phipps Kn' Cap" Generall and Governo'" in cheife of
their Maj^« Province of the Massachusetts Bay ia New Engld and honr<i Council & Rep-
resentatives thereof now assembled in Generall Court held att Boston by adjournement
Septembrll"' 1694 —
The Petition of William Essetts of Boston
Humbly Sheweth
That yor Potitionr Married Ann Perry als ShefBeld late dec' who in her life time in
right of her first husband ShefBeld was possessed of an House and Land in Boston. And
before Yo"" Petition^ married her Shee had contracted many debts, as also after her mar-
riage, made great addition thereto by her Long and Tedious sickness w^i shee underwent
before her dissolution And there being nothing to satisfle the same other then the said
House & Land, And in as much as no heire appeares to Claime it —
Yof Petition^ humbly Entreates the favo^ of this high & honWa Court to take the
prmisses into Consideracon, by being pleased to grant unto Yor petition ffull power and
authority for Selling the said House and Land to pay the said debts whereby the Creditors
may not be defeated of their right,
And Yor Petition^ as in duty bound shall ever pray &c
WM Essetts." — Ibid., p. 526.
This petition was read in the House, on the eleventh of September, 1694, and again on
the eighteenth of October. On the tenth of June, 1695, in the Council, " A Bid* to enable
William Esset to sell a House, and Land in Boston to pay the Debts of his Late Wife,
formerly Ann Sheffeild dececd was brought in, and read a first time." On the seven-
teenth this billf was read again, and "Voted, and sent down to the House of Repre-
sentatives for Concurrance."
What the provisions of this bill were has not been ascertained, nor, owing to the loss of
the House Journals, are the particulars known of its fate in tbe House. It is evident,
however, that the House did not concur in the vote of the Council.
On the eighteenth of December, 1696, the following vote was passed thereon, which
seems to have been the last action taken upon this petition : —
" Voted to be deferred unto the first fl'ryday in the next Sessions of this Court, And
that Joseph Holmes be notifyed thereof." — Ibid.
The principal debt incurred on Mrs. Essett's account appears ta have been due to her
nurse, Elizal)eth ( Matson) ,t wife of Sampson Moore, wool-comber. Moore and his wife,
therefore, had brought an action against Essett in the Superior Court of Judicature, for
Suffolk County, of the particulars of which an entry, on the last Tuesday in April, 1697,
that this action "was continued upon advisement unto the next court," is all that has
been found of record. This continuance may have been on account of the illness of the
defendant, who died on the twenty-fourth of May.
The first session of the next General Court began only two days after Essett's decease.
At this session, Seth Perry, another creditor, joined with Moore in the following peti-
tion : —
" To the Right HonW« William Stoughton Esq'' L' Governour and Coinandr in cheife of
his Majii^s Province of the Massachusetts Bay in New England with the hon"' Council
and representatives thereof now assembled in the Great & Genr" court of s'' Province held
att Boston May. 26"> ]J«I
The Petition of Seth Ferry, and Sampson Moore in right of his wife who before mar-
riage with him, for many Yeares together was Nurse to the wife of William Essett Dec"!
in iier Long and Tedious sickness before her death.
Humbly Sheweth
That Whereas William Essett in his life Time Petitioned this hon'^ Court that be
might Sell the house and Land in l5oston that his wife left him in Possession of when shee
died that soe the debts contracted in her Long sickness might l.)0 justly payd as by said
Petition lying before this hon^^i Court more fully may appeare, and Since w ■" said Petition
was given in said Essett is dead also, & by meanes whereof nothing to Effect hath hitherto
been done.
Now Forasmuch as yof Petition" are two of the Cheife Creditors to the Estate left l)y
the wife of sd Williini Essett deC to wliome the Estate is indebted Considerable Summes
of monpv. They doe therefore humbly entreate That this high and hon'''« court will
please to consid,'"this, with the Contents of the sd Essetts Petition, and thereupon be
pleased to authorize and Impower Some meet person or persons to malvc Sale of sd house
and Land for payment of the debts due to y« Petitions and other the Credito's.
" And Yor Petition" as in duty bound shall pray &c." — Ibid., p. 523.
This petition was read, in the Coimcil, on the sixteenth of June, 1697, and sent to the
House. On the eighteenth, it was read in the House, and on the nineteenth the vote
thereon which constitutes the present chapter was passed, and sent to the Council, for
concurrence. No action appears to have been taken by the Court upon this vote until
* Coiiucil Records, vol. VI., p. 400.
t Ifnd., p. 406.
BoBton records of births, marrlugea and deaths.
[Notes.] Frovinge Laws (liesolves etc.). — 1699-1700. 015
near the close of the last session of the following year, whon it was again sent up f-om
the House. This was on the ninth of Decemhcr, 1(J'J8, and on the tenth, the Council
" voted a concnrronce." No record of sui)sequont proceedings at law or in the Legisla-
ture has been discovered, until Juno 17, 1701, and again November 10, 1702, when the peti-
tioners were granted a hearing before the whole General Court. See resolves, 1701-2,
chapter 12, and 1702, chapter 52.
Chap. G9. This chapter is from council records, vol. VI., p. 025. It is preserved in
archives, vol. G2, p. 292.
The following is the petition upon which tliis resolve was passed : —
"To the Honourable the L', Govern!; 8cc. In the General Court Assembled Nov 98
The Humble petition of Penn Townsend and Andrew Belcher in behalfo of them selves
& others
Humbly sheweth
That whereas they have shipt off some quantity of Rumm and wine which hath paid
the whole entry, but the certificates that were endorsed, Ijeing lost, either by the officer,
or our selves, we loose the benefit of the drawback._ Therefore we pray that the same
being by Oath or otherwise made to apear to the Gomissioner, he may be ordered by this
Court to allow the drawback of the same And your Petitioners shall pray, as In duty
bound." — Mass. Archives, vol. 62, p. 292.
Chap. 70. This chapter is from archives, vol. 101, p, 134. It is recorded in council
records, vol. VI., p. C25. .
This order, though irregular, seems not to have been opposed in the House, either at
the time of its passage or when the province treasurer's accounts, which were duly
approved, were presented for allowance. See resolves, 1699-1700, chapter G.
1699-1700.
Chap. 1. This chapter is from council records, vol. VII., p. 8. It has not been found
in the archives.
Bellomont's long-expected arrival at Boston, on the twenty-sixth of May, 1699, was the
occasion of great rejoicings. The Legislature expressed its gratitude in the form of an
address to the king,* which was drawn up by the committee appointed by virtue of this
chapter.
Chap. 2. This chapter is from council records, vol. VII., p. 10. It has not been
found in the archives.
The edition of the jirovince laws, prepared in compliance with this chapter, is known as
the edition of 1699. Of the six members of the committee charged witli the superintend-
ence of this work three were justices of tlie Superior Court of Judicature, and one was the
Secretary of the province, wlio, later, held a seat on the same bench. White was for
many years clerk of the House, and Eyre was a representative from Boston and well
versed in the statutes of the province.
The edition, which had been in preparation long before the appointment of the com-
mittee, was ready for distribution by the eighteenth of July, when the following resolve
was passed in the House and sent up for concurrence, but seems not to have been con-
curred in : —
" Resolved — The Laws of this Province being Revised and Reprinted pursuant to an
Order of this Court for that End. That every member of this present Gen\' Assembly
shall have a Book of s^ Laws Reserved and Given to them, to be paid for out of the
Treasury of this Province.
In the House of Representatives July 18i 1699 Read, Past, &
. Sent up for Concurrancc., — ' Jams Converse Speaker." — Mass.
Archives, vol. 47, p. 21S.
The following is the order for paj-ing the publishers the cost of copies distributed by
them for the public use : —
" Jan. 24, 1699-1700. Whereas the General Assembly at their Session in May last past,
ordered a new impression of the Laws of this Prov=° which has been undertaken and per-
formed at the charge of Michael Perry and Benjamin Eliott Booksellers, who (besides
Fifty bookes given for the copy) have furnished one hundred and fifty more for the ser-
vice of the publick, at the same rate they stand them in, amounting to the sum of Twenty
pounds, together with the binding of some.
Advised "and Consented. That his Excellency issue forth his Warrant to M^ Treasurer
to pay unto the said Michael Perry and Benjamin Eliot the afores'i sum "of Twenty
pounds." — Executive Records of the Council, vol. 3, p. 90.
Chap. 3. This chapter is from archives, vol. 106, p. 451. The resolve is recorded in
council records, vol. VII., p. 15.
The committee which had been appointed on the third of June to prepare this address
assembled on the sixth, and by the fifteenth it had been drawn, reported, and adopted by
both branches of the Legislature, in concurrence. The following letter was prepared oj
the Secretary, and forwarded with the address in accordance with the resolve of the Gen-
eral Court : —
♦ CBapter 3, post.
616 Province Laws (i?eso?ye6-e^c.). — 1699-1700. [Chaps. 4-11.]
" Honble Sr/.
This Province being now made happy by the arrival of the truely Noble and most ver-
tuous Lord y£. Earle of Beliomont, consigned by his Sacred Majty to the Chief place of
Government over the same.
The Council and Assembly now convened have accounted it their duty, early to Address
his Majfy yr*.^ their humble and most hearty acknowledgement of his Royal Favour
expressed on this Occasion unto his good Subjects within this his Province, and the
renewed testification and Recognition of their Loialty and Obedience. Which Address I
am Ordered by the Council and Assembly to transmit unto yor. Honour and comes here
inclosed; And also to pray, that yoj" Honoj will in their names'humbly present the same
unto his Majfy with the first conveniency that vou mav, by direction of the R? Ilonbie the
Lord high Chancellor of England, your Honof will herewith also receive a Letter from
y£. Council and Assembly unto his Lord? wherein they pray his Lord? in addition to many
former Favours by him done for this Province so far to honour yf same as to introduce
yof Selfe into his MajO'^- presence with their s<i Address.
I am with all due Respects and Service
Boston. 22<i June. 1699. ««°'-^|-,, ^^st humble obliged Servant;
IsA Addington.
S£ Hen: Ashhurst." — Mass. Archives, vol. 106, p. 453.
Chap. 4. This chapter is from council records, vol. VIL, p 31. It has not been found
in the archives.
The order in Council* for the payment of the allowance granted in this chapter was
passed August 24, 1699.
Chap. 5. This chapter is from council records, vol. VIL, p. 32. It has not been
found in the archives.
It will be remembered that the allowance granted to Walley, under resolves, 1698, chap-
ter 59, was conditional. The condition having been performed, the present chapter was
passed to enable him to receive his money. The order in Councilf for the payment of
this allowance and the further sum of £18 4s., being the balance remaining due to him
" upon his accompts as Commissioner for war," was passed August 24, 1699.
Chap. 6. This chapter is from council records, vol. VIL, p. 34. It has not been
found in the archives.
Chap. 7. This chapter is from council records, vol. VIL, p. 35. It has not been
found in the archives.
The order in Councilf for the payment of the allowance granted in this chapter was
passed August 24, 1699.
Chap. 9. This chapter is from archives, vol. 70, p. 421. It is recorded in council
records, vol. VIL, p. 38.
For the order in Council for the payment of this allowance see the note to chapter 5,
supra.
Walley's accounts had been laid before the House, and this chapter passed bv the rep-
resentatives, by the twenty-third of June, but the concuiTing vote of the Council was not
passed until the eighteenth of July. Governor BoUomont immediately signified his con-
sent, and signed the resolve.
Chap. 10. This chapter is from archives, vol. 58, p. 195. It is recorded in council
records, vol. VIL, p. 39.
This resolve was passed by the House on the seventh of July, and concurred in by the
Council and signed by the Governor on the eighteenth.
•Mather still declining to remove t.i Cambridge, the allowance conditionally granted to
him by the resolve of 1698, chapter 51, was not paid, as is shown in the note to that chap-
ter, and hence this resolve was passed to restore the former salary.
The order in Councilf for the payment of this allowance was passed August 24, 1699.
Chap. 11. This chapter is from archives, vol. 70, p. 423. It is recorded in council
records, vol. VIL, p. 39.
The following is the petition upon which this resolve was passed : —
" To his Exilt^y y; Earle of Bcllamont, Gour, and Coiuandi; in Cheife, &.c : In and Over
his Majt^ province of the Massatusets Bay in New-England &c- : and to the Hon'« yp Coun-
cill, — a'nd Represontetiuas as33 nbbd in Gzu^\ Court, May y? 31'.t 1699, —
The petetion of Coll.' John Philleps Esqf, & James Converse, —
Humblye shewcth
that Whereas ye HonMp GenV Court in November last Appointed your peletionrs to
vndertake A voiage Eastw'i in y"; dead of the last Wintjr, to Negotiate an affaire with
y<; EastwJ Salvages, acordingly, haueing Receiued Instructions from his Honf y«
L*. Govr & Council, your pstetion";' Imbarq^i on yp province Gallye, Cap"; Cyprian Southali
Comandr, on y; Eigth of Decemj last, and proseeded on ye voiage, and returned hom to
Boston in feb : following, we were two months and a day or two, we Indtired much hard-
ship, we brought hom most of yp Englesh Captiues yj were in yp Indians hands, and
returned A journij of the whole alfaii-e to his Honj and Council, who were pleased to send
your petetion^s againe in April last who were absent one month, besids abouo a week on
s<i service to fitt for yp voiage, so yt. we were more y" a week aboue three months in all,
* Executive Records of the Council, vol. 3, p. 51.
t Ibid., p. 52.
Notes.] Province Laws {Resolves etc.). — 1G99-1700. 617
and yett made all the possi))lo dispatch we Could, as our Journals will show, wo exspcndcd
several pounds of our oun money, and as yett hauo rec* nothing for our groat pains and
charge
We pray yi Your Exil''y and Your Ilon""^ would be pleased to order to Each of vs out
of tho publick trosury of tliis province, such meet Compensation, as in your wisdom may
seem Just so shall your petetio'';', as in duty pray &.c
Jam8 Converse in the behalfo of
Col} Phillips & him selfe." — Mass. Archives, vol. 70, p. 40:!.
This petition was read in tho House on tho seventh of July and referred to a standing
committoo on petitions, wlio reported, on tlio eighth, that each of the petitioners lie
allowed twenty pounds. This report antl tho petition were forthwith read, whereupon
tho resolve which constitutes this chapter was piopared, read twice, passed, and sent up
to tho Council, for concurrence. On the eighteenth it was passed in the Council and con-
sented to by the Governor.
Tho order in Council* for the payment of this allowance was passed August 24, 1699.
Chap. 12. This chapter is from council records, vol. VII., p. 39. It has not been
found in the archives.
Tho condition upon which tho allowance granted by resolves, 1698, chapter 60, was to
1)6 paid having l)een performed, this chapter was passed to enable Savage to receive his
money. The order in Council* for the payment of this allowance was passed August 21,
1699.
Chap. 13. This chapter is from council records, vol. VII., p. 39. It has not been
found in the archives.
The order in Council* for the payment of this allowance was passed August 24, 1699.
Chap. 14. This chapter is from council records, vol. VII., p. 40 It has not been
found in the arcliives.
The order in Council* for the payment of this allowance was passed August 24, 1699.
Chap. 15. This chapter is from archives, vol. 70, p. 424. It is recorded in council
records, vol. VII., p. 40.
Tho following is the petition upon which this resolve was founded : —
" To the Rt. HonWe ye Leiu' Governo'' ye Hon"" Councill & Representatiues of y Massa-
chusetts Province now assembled at Boston in Gen'] Court. Docemb"' : 20"' 1697 —
The peticon of Timothy Phillips of Charlestovvne & of Jacob Luffkin of Wells —
Humbly Sheweth :
That y- said Timothy Phillips as Cap" and y« s'' Jacob Lufkin as Serjant Served his
Majtie in ye late Expedition ag'^' y« Comon Enemie To y" Eastward, where upon an
Engagement w"» y^ Enemie ffrench and Indians upon yo 9th j^y f,f Septemb'; last past
both yoj petition'^ were wounded through theire thighs l)y means whereof much of theu-e
Strength is Impaii'cd and lay Eight weeks and three or four daios under y" Docto" hands
and arriued here at Boston, sd Phillips on y" Twenty sixth of Septemb'' and si^ Luffkin on
y8 thu'd of October last, from which time after theire arriueall they hauo not been allowed
one farthing alltho they lay under y Doctors hands till y tenth of Novemb'' last. And
y^' Comission" of y warr declared "to sd petition^ yt it was beyond theire power to allow
them any thing from y^ time of theire arriveall, whilest under y Docto's hands.
j-o'' Petition" therfore humbly pray that this high and HonoJie Court would bo pleased to
Consid'' y'= p'misses, and allow them "what in yo^ wisdome Shall be thought meet for theire
time, whilest under y<= Doctors hands, w'i> Smart money.
And yc Petition's Shall Euer pray &c.
Timo Phillips
Jacob Luffkins." — Mass.
Archives, vol. 70, j}. 368.
It was upon this petition that chapter 68 of the resolves of the year 1697 was passed,
appointing a committee on the claims of officers and soldiers. Thiis committee reported
upon tho foregoing petition, as follows : —
"Wee the Comittee aboue apoynted haue attended S-i Service & finde only the under
written to make demand, w^'' we think ought to be alowed Viz
Cap' Timi Phillips £.10:-
Serg* Jac Lufkin £. 3 : -
Joephf Soper £. 2 : -
Elisha Hutcuinsox
Sam Sewall.
Peter Sergeant."
— Ibid., p. .367.
This report was read in the House on the thirtieth of June, 1699, whereupon the follow-
ing resolve was passed : —
" Resolved That it do Passe & bo Granted in the Sevr'I Articles of it, and that M' Secfy
be desired to Draw a Bill accordingly." — Ibid.
On the seventh of July the preamble and resolve which constitute this chapter, having
been prepared by the Secretary according to order, wore passed by the House and sent up
to tho Council, for concurrence, whore they were passed, and were consented to by Bello-
mont on the eighteenth of July.
The order in Councilt for the payment of this allowance was passed August 24, 1699.
* Executive Records of the Council, vol. 3, p. 52.
t Sic.
X Executive Records of the Council, vol. 3, p. 63.
618 Province Laws {Resolves etc.). — 1699-1700. [Chaps. 16-19.]
Chap. 16. This chapter is from archives, vol. 70, p. 425. It is recorded ia couacil
records, vol. VII., p. 40.
The accident by which Procter lost his life is thus recorded by Sewall : —
♦' Second-day, June 12, 1699. The Gov goes to the Castle with Col. Romor and several
of the Council: Was saluted by the Fort and Ships as passed by, and at the Castle.
Afterwards Col. Romer desired a Shot might be made ; the Gun Ijroke, and kill'd Nathan'
Homes, the Under-Guner, who was bui-ied at Roxbuiy next day, just before Lecture.
One Proctor, an old man, was dangerously wounded." — Diary, vol. I., p. 498-
On the day after this accident the Governor and Council granted Procter an allowance
of five pounds " for his present reliefe."*
By the seventeenth, Procter's injuries had proved fatal, as appears by the following entry
in the council records : —
" June 17, 1699. Ordered That a Bill be brought in for allowing of Ten pounds out of
his Maj""" Treasury of this province for the Charge of Surgeons, and funeral Chai'ges of
Samuel Procter, lately a Garrison Souldier at the Castle, and wounded there in his Maj'""*
Service, of which Wounds he died, and also a Yearly pension of Ten pounds to be paid
unto his wife during her widowhood for Support of herself and Family." — Vol. VII., p. 19.
The resolve which constitutes the present chapter was read, first, in the House, on the
twenty-first of June, and on the same day it was passed, and sent up to the Council, for
concurrence. On the eighteenth of July the Council concurred in, and the Governor con-
sented to, the resolve.
The order in Councilf for the payment of the allowance of ten pounds was passed
August 24, 1699.
Chap. 17. This chapter is from archives, vol. 70, p. 426. It is recorded in couacil
records, vol. VII., p. 40.
Chap. 18. This chapter is from council records, vol. VII., p. 41. It is preserved in
archives, vol. 11, p. 134.
The following is the petition upon which this resolve was founded : —
" To his Excellency the Right hon'^'" Richard Earle of Bellomont Cap" Gen'" and Gov-
ernour in cheife of his Maj'ii' Provinces of the Massachusetts Bay New Yorke &c and of
the Territorys thereon depending and Admirall of the Same, with the hon"J Council and
Representatives of the sd Massachusetts Bay now assembled in Generall Court held att
Boston.
The Petition of John Wheelewright Representative for Wells in the County of Yorke in
behalf of the Said Towne
Ilumbl}' Sheweth
That by reason of a Long and Wasting warr the Greatest part of the Inhabitants thereof
are Slaine or gone out of Towne, and Ijutt about six houses left in w^'' are about Twenty
six or Twenty Seaven familyes, and most of them extreamely poore, and the Enemy did
also burne the house whicli they had built for the publick worship of God, and in the time
of this their distress the province was pleased to allow Something towards y" maintenance
of a Minister for the said Towne, and the Garrisons there, w^'' Great ffavour they acknowl-
edge with all thankfuUness, And now there being a Peace concluded & the Souldiers
(Irawno off. They would willingly (If God Enable them) build a house for the publick
Worship of God, and have y" same upheld among them, the which they are not able to
doe and performe unless supported and assisted therein by the Publick
Yc Peticon£ therefcjre in behalf as aforesd humbly prayes that this high and Honbi*
Court will please to continue the Same Charitalile Assistance to them otherwise the ordi-
nances of God will in a great measure Sink among them, who are not able alone to afford
a Subsistence to a Minister
And Yo'' Peticonr as in duty I)ound shall ever pray &c'>." — Mass. Archives, vol. 11,
p. 134.
This petition was read in the House on the ninth of June and referred to the committee
on petitions. On the tenth it was read again and the resolve whicli constitutes this chap-
ter was passed. The Council concurred on the eighteenth of July, when the Governor
signified his consent, in writing.
The following order in Council was passed August 1, 1700 : —
" Whereas the Great and General Court or Assembly at their Session begun and held at
Boston the Sl^t of May 1699. Resolved That the Town of Wells be allowed Fifteen pounds
out of the publick Treasury towards the support of the Ministry in si Town for the year
(then) ensueing.
Advised and consented. That his Honour the Lieutl Gov£ issue forth his Warrant unto
Ml Treasurer to pay unto Ml Samuel Emery Minister of the s^. Town of Wells the above
mentioned sum of Fifteen pounds." — Executive Records of the Council, vol. 3, p. 145.
Chap. 19. This chapter is from council records, vol. VII., p. 41, It is preserved in
archives, vol. 11, p. 135.
The following is the petition upon which this resolve was founded : —
" To his Exfy Richard Earle of Bellomont Captain General and Governour in chief in
& over his Ma'y» Province of the Massachusetts Bay in New England and to the Honbl«
the Council and Representatives of the s' Province convened^ in Gsneral Assembly.
June 1699
* Executive Records of the Council, vol. 3, p. 26.
t Ibid., p. 63.
[Notes.] Pkovince Laws {Resolves elc.). — li)\y^-\100. 619
The Petition of Samuel Moody Preacher of the word of God at Yorke in the County of
Yorko within tho Province aboves'}
Ilumijly Shewoth
Whereas this lIonhiL- Court hath so far considered the desolation and distress of tho
6<J Town of York as to order an auKmontation towards upholding tho worship of God
there, which is gratefully acknovvledgcd by the Inhabitants.
And whereas 'tis certain tho s' Tuwii is unable to afford a competent maintainance and.
that there is as much need of help as ever, having no house for the Ministry, and many
remaining stil destitute of habitations for themselves.
Your Petitioner therefore humbly prays in behalfe of s<l Town, and for tho relief of
himselfe & Family That yon will please to order your Petitioner such Allowanco for tho
last year beginning tho 18'.'' of May 1G98. as to your wisdom & Justice shall seem lit
And your Petitioner as in duty bound, shall ever pray &e." — Mass.
Archives, vol. 11, p. 135.
This petition was road a first time, in the House, on the thirteenth of July, and on the
fifteenth it was road again and the resolve which constitutes this chapter was passed and
sent up to the Council, for concurrence. On the eighteenth it was concurred in by the
Council, and the Governor signified his consent thereto.
It would seem by the following certificate and order remaining in the archives that
Moody had previously applied to the commissioners for war, for his wages as a chaplain
in tho service : —
" To ye Honi^'e ye Comissioners for warr
These may certify, that Mr Sam'' Moody hath served as A Chaplain to ye Garrisons
Att Yorke, from the IS':"* of May last, unto y? day of y? date hereof.
Yorke April 20* 1699. ' Daniel: Bl.\ck]
Lues Bane >■ Selectmen
Joseph Banks J
To ye HonourWe Commissioners for warr &c :
Please to order ye Money granted to me, as Chaplain , for j^e year past, unto Sain',! Sewall
Esqr " ' Your friend & Serv'
Yorke Apr : 20* 1699. Sam^i- Moodt." — Ibid., p. 136.
The functions of the commissioners for war had ceased with tho conclusion of the last
treaty with the Indians, if not before, and hence Moody's only hope of obtaining aid from
the province treasury was through tho Legislature.
The order in Council* for the payment of this allowance was passed August 24, 1699.
Chap. 20. This chapter is from archives, vol. 119, p. 163. It is recorded in council
records, vol. VII., p. 41.
For the appointment of Walley see note to resolves, 1698, chapter 45.
The following is the order in Council for allowing from the province treasury tho amount
remitted to Walley by this chapter : —
"Nov. 22, 1699. Whereas the Groat and General Court or Assembly at their Session
begun the thirty first day of May last past Resolved that the sura of Forty seven pounds
three shills? and eight pence in Debts standing out for Impost and Excise bo abated and
remitted unto the several persons fi'om whom the same was due according to an Acc^ pre-
sented unto the si Court. And that there be an order to the Treasurer and Rociever
General of this Province to allow John Walley Esq^ lato Commissi for Impost and
Excise th3 si sum of Forty seven pounds, three shillings & 81 and pass tho said sum in
his accompts
Advised and Consented. That his Excellency issue forth his Warrant to Mi, Treasurer
accordingly." — Executive Records of the Council, vol. 3, p. 81.
The resolve which constitutes this chapter was read in the House, first, on the sixth of
July. On the eighth it was read twice, passed, and sent to the Council, for concunence.
On the nineteenth it Avas concurred in, and signed by the Governor.
Chap. 21. This chapter is from archives, vol. 70, p. 427. It is recorded in council
records, vol. VII. , p. 43.
The province charter passed the seals on the seventh of October, 1691. Five days later
an order was passed by the Privy Council referring the accounts of Sir Edmund Andros
(of sums expended by, and due to, him on account of the public service while he was
governor) to Phips and his Council, with directions that they cause payment thereof " to
bo made to him, in course, out of the public revenue."
Phips's commission bears date the twelfth of December, yet this order in Council
appears not to have been communicated to him in England, since it was presented by
Mr. Philip Wells, together with a copy of Andros's accounts, to the Governor and Council
at a meeting held in Boston, July 15, 1692.
What action, if any, was taken upon this order, at that time, doss not appear; but
upon the twentieth of December, an order was passed referring Andros's account to a
committee, as shown in the note to resolves, 1700-1, chapter 47. Meanwhile the following
order was passed : —
" At a Counsell held at Boston on Fryday : 09"^ Decembr l^^
Whereas diverse officers and Souldiers were appointed, detached and imployed in actual
Borviso against the Indian enemy, during the time that Sf Edmund Andros had the
goverment over the whole Territory & Dominion of New England for w*;'' they complain
they have not been paid their wages, & divers that have Accompts depending for Billet-
ings, Vessells, hire, provisions & other Disburstments then made. In all w<^^'>"his Ex=^
& Council l)eing desirous that justice should be done. Have therefore nominated &
appointed M^ Jamf Taylor M' Francis Burroughs & M'' Jam? Loyd a Coinittee to recieve
* Executive Records of the Council, vol. 3, p. 52.
620 Province Laws {Resolves e^c.). — 1699-1700. [Chap. 21.]
& take in the claims of all such (That is to say) The Cap' or cheif officer of each company
to present a list of the names of the Several! officers, and private Sentinals that Served
under him, with the time of their entrance and Discharge, and what hath been advanced
or paid to each of y™ taken up of the Commissary or otherwise ; And all other p'sons
their Severall demands, To the intent thereof that the Accorapt of that may be laid before
their Maj:'ie3 and their directions prayed in that Mattj " — Mass. Archives, vol. 10, p. 186.
John Usher, who had been treasurer of the territory and dominion of New England
during the administration of Andros, presented his accounts on the fifth of September,
separately from those presented hy Wells in behalf of Andros; but of these see, further,
the note to resolves, 1700-1, chapter 47.
On the thirteenth of June, 1693, the House proposed the following order, which was sent
to the Council for concurrence, but does not appear to have been concurred in : —
" Whereas his Excellency S^. William Phips and Councell y« 9* Decembj last past
appointed Jams Taylor Francis Burroughs & James Loyd a committee to receive the
claimes of the Captains or Cheif Officers In behalf of themselves & their Soudi3rs who
served against the Indian Enymy dureing the time that S^ Edmond Andros had the Gov-
ernment over the whole Territory & Dominion of Now England, & of such as have acco'.^
depending for Army Billetings vessells hire provisions seamens wages & other disburse-
ments then made w^ii order by reason of the death or absence of some of the Cheif Officers
is found not to reach many of the Private Sou Idlers soe as to adjust what is duo to them
& what they have reed: of the Cimmisary's. It's further proposed, for releif of such
souldiers & others aforementioned that they have iiborty in any Town to repair to the
Commition Officers (who are hereby impowered & ordered for that purpose) to make proof
to their sattisfaction or the satisfaction of any two of them the time they wero listed &
continued in servis alsoe to give acco'.' upon Oath if required what they reed of the Com-
misary's : and whose armes they served with & whoither they hauo roturn'd ym & to make
proof of such their disbursem'^. to be administred by the Justice of peace of the town & if
there be none in the town by the chief military offlcor there who is hereby authorized to
administer the same the commition Officers to return the same under their hands to the
aforesd Committy at Boston w'^ convenient speed. Alsoe itt may ])e need full that the
former ordr of Councill w'" this Addittion be printed & published in every Town throw
out this Province." — Ibid., p. 190.
On the fifth of December, Captain Timothy Clarke was appointed on this committee,
in place of Lloyd, who had deceased, and on the twentieth of February following, Henry
Bering was added to the committee.
The committee having reported to the Council, their report " was laid before the Court
for consideration " on the eighth of September, 1694.
The next action that has been discovered upon the subject of this chapter is the follow-
ing preamble and order : —
"June 17, 1699. Several Petitioners* of Maj"" Thomas Savage, Capt Richard Sprague
and others, praying that Provisions may be made to pay them and their several Com-
Ijanies for service done for the ])ulilic & supplies of Provisions, stores of war, and other
Disburseni''^ In" them made in the time of S'' Edmund Andross's Govern' were read
Ordered That the s' several Petitions be sent down to the Representatives, with a pro-
posal. That a Committee be appointed, t>y that House to Joyne with a Coiuittee of this
Board, to Inquire into the Demands of the Petitioners and other Creditors in that time,
and to Consider of proper Methods to make them just satisfaction, and to report the same."
— Council Records, vol. VII., p. 18.
In i-esponse to this order the House appears to have recommended that the subject be
referred to a joint committee, since, on the twenty-eighth of June, the Council appointed
a committee, to join with a committee of the House, " to consider of and propose a proper
method to be taken for the discharge of the debts contracted in the time of Sir Edmund
Andros's government." The members of the committee appointed by the Council were
Elisha Coolce, Elisha Hutchinson, John Foster. Peter Sergeant, John Walley, Penn Town-
send and Nathaniel Byfield. The names of those appointed by the House have not lieen
discovered.
On the nineteenth of July the " resolve and order" which constitutes this chapter, and
which was probably reported by the above committee, was passed by both branches of the
Legislature and signed by the Governor. A memorandum annexed gives the names of
the committee, as follows: —
" Mr Fra : Burroughs ) Mr Sergeant & ; p„,7ii^.pp .. ;^,_,-
Capt Jacob Green \ Comittee Major Walley \ ^0'n'"ee. - Mass.
Mr Joseph Parsons J
Archives, vol. "0,p. 427.
From these data the Secretary made up the following record of this resolve : —
" July 19, 1699. Resolved & Ordered That Peter Sergeant, and John Walley Esq''
M^ Francis Burroughs, Capt Jacob Green, and Mi" Joscjih Parson be a Committee to
inspect, examine, ami adjust the acc'J^ of the Debts claimed for wages, and service done
for the Public For Goods, and provisions taken up, and vessels hire, For subsisting of sol-
diers, or otherwise, during the time of S'' Edmund Andros's Government, 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
prouision may be made for pavment of the s'' Debts, and that in adjusting the wajjes of
officers, and soldiers they proceed according to the Custom, and usage of this Province
Consented to Bellomont." — Council
Records, vol. VII., p. 43.
See resolves, 1700-1, chapters 36 and 49.
* Sic.
[Notes.] Province Laws {Resolves e^c.)- — 1099-1700. 621
Chap. 22. This chapter is from council records, vol. VII., p. 43. It has not been
found in the archives.
Payno was chosen commissioner of the impost under the act* of June 27, 1G98, by a con-
current vote of the Legislature, December U), 1098.
The order in Councilf for the payment of this allowance was passed August 21, 1699.
Chap. 23. This chapter is from council records, vol. VII., p. 43. It is preserved in
archives, vol. 48, p. 302.
This resolve was l)ased upon the following letter which Prout addressed to Speaker
Converse, to be communicated to the House : —
With due Respects to your self. And The Ilonjable House of Representatives, of which
I understand you are Speaker, S"" I am bold to signifio to your self, and do desire you
would also to the House; That whereas I have served as Clerk to s'' house four years,
Namely, Eighty nine, ninety, ninety three, ninety four, and not haveing Received satis-
faction for tlie s*! service, and haveing served with great Expences both in money and
Time, it is a Inirtheii too Weighty for'me, together with the Expence of time and money
Each year since my service, waiting for an answer to severall Requests and petitions for
wliat is due to me, which is a great damage. When I was first Chose to be Clerk, I had
the promise of Due Consideration for my service, as Clerks in form'' years, in tlie old
Charter governm', which was then fifteen pounds ¥ annum, and that I should be allowed
as the work was greater, which the first year was more then ordinaryly four years fore
goeing, and Each of the years I served more then any of the foi'egoeing year in the old
Governm', and twenty five ponds l* year has been allowed to others since I served, now
if I have an Order for fifteen pounds y annuin for four year it will not pay private
Expences, and if twenty five pound I shall not Receive twelve pence V Day for my
time, altho I must acknowledg I have Received ten pound in one year & seven in an other
year which I account as part, I doubt not but severall of y" Hon^able house is sencible of
my service, and that I ought to be paid, accordingly, I desire that the same may be con-
sidred and that care may be taken that I may have not only a grant but an order to be
paid what is my just due, that I may not have cause to complaine, I may boldly say I
have been out besides my time in s'' service Three times as much as I have rec' Without
Reckoning time which I accout precious and I think I as a private person ought not to be
so great a sufferer, S'' as I have been, the same I Remaine
yours & the Hon'^able Housef servant
June 2d : 1699 to serve as I am able
Ebenezer Prout." — Mass.
Archives, vol. 48, p. 301.
The subject of Prout's compensation came up in the House on the second of June, upon
the reading of this letter ; and on the third it was read a second time and debated. On the
ninth the resolve which constitutes this chapter was passed and sent up to the Council,
for concurrence. On the nineteenth of July it was passed by the Council, in concurrence,
and the Governor signified his consent thereto.
The order in Councilt,for the payment of this allowance was passed August 24, 1699.
Chap. 24. This chapter is from council records, vol. VIL, p. 43. It is preserved in
archives, vol. 70, p. 406.
The following is the petition upon which this resolve was founded : —
" To his Excellency y« Govern^ Liev', Govern' & Council and Representatives now Sit-
tin, In Boston _^
The Peticon of Jeremiah Bumstead
Humbly sheweth ^^^
That wheseas yo' Peticon"" was formerly Imployed in y Country Service against y^
Indians about twenty-three years since, under ye Command of Cap'. Jacobs of Hingham
In which Service yoT Peticon' was sorely wounded in one Legg by which he is disinabled
ever since, to his great Impoverishmt and now himself and wife, both being aged and
decriped, and their estate almost wasted. Do most humbly pray, Yo' Hon^^ there may be
some Consideration had of Yo^ poor Peticonf and some relief granted him in his great
necesity occasioned by j" afTores'i servis. And yoj Peticcmr as in duty bound shall not
Cease to pray &c
June ye 3rd 1699." — Mass. Archives, vol. 70, p. 403.
This petition appears to have been read a first time, in the House, on the sixth of June.
On the seventh it was read again and the resolve which constitutes this chapter was passed
and sent to the Council, for concurrence. On the nineteenth of July it was passed by the
Council, in concurrence, and was consented to and signed by Bellomont. See resolves,
1701-2, chapter 39, and note.
Orders in Councilt were passed on the sixth of November, 1699, and on the second of
May, 1701, for the issuing of warrants on the province treasurer for payment of " pensions
stipends and annual allowances" granted by the Great and General Court, the former
"to divers persons ... in consideration of wounds and mayhems received in his
majesty's service " and the latter " to any person or persons, from time to time as the
same shall Ijecome due." Under these general orders the petitioner undoubtedly received
his allowance.
Chap. 25. This chapter is from council records, vol. VII., p. 44. It is preserved in
archives, vol. 70, p. 408.
The following is the petition upon which this resolve was founded : —
* Province Laws, 1698, chapter 16, § 12.
t Executive Records of the Council, vol. 3, p. 52.
i Ibid., pp. 70 and 200.
622 Province Laws {Resolves eic.). — 1699-1700. [Chaps. 26, 27.]
" To his Ex^ Richard Earle of Bellomont Captain General and Governour in chief of
his Ma.'ys Province of the Massachnsetts Bay &c and to the honWe Council & Representa-
tives of tlie s'' Province convened in General Assembly June 1699
The Petition of Elizabeth Hopley widow of Robert Hopley late of Boston Mariner de(Sd
Humbl.y sheweth
That yonr iPetitioners s"' husband served his Ma'y as Gunner of his hired ship the
America Merch.t Cap' Joseph Parsons & afterwards Capt Eldredgs Comander, for the
space of six months on the Expedition to Canada Anno 1690. for wji^ he had a Debenture
for Eleven pounds thirteen shillings & four pence, and presented the same to John Phillips
Esqf then Treasurer, who thereupon gave him an order to the Treasurer of the Province
of New Hampshire for paymt of the s"^ Suin, But the Treasurer of that Province refused
to accept the s*J order, or to pay yo'' Petitioners s^' husband any thing thereupon, so that
yo' Pefs s<J husband or any one on his behalfe, hath not to this time been paid any thing
for his sd service.
And your Petitioner further shews That her said husband deceasing some time since,
hath left your Petf in a very poor & low Estate, and with several Children to provide for,
who are exposed to great hardship & sufferings for want of a comfortable subsistance
which your'Pet.r by all her labour and industry is not capeable to procure for them
Wherefore your Petf most humbly prays your Ex^y and this hoii^e Court That order
may be speedily given for paying unto yo'' Petitioner the aforesi^ sum of Eleven pounds,
thirteen shillings & four pence due for her husbands service as afores^ —
And yo"" Pef as in duty bound shall ever pray &c." — Mass. Archives,
vol. 70, p. 408.
This petition was read in the House on the fifteenth of July. It was read again on the
seventeenth, when the resolve which constitutes this chapter was passed, and on the
nineteenth it was passed by the Council, in concurrence, and consented to and signed by
Bellomont.
The order in Council* for the payment of this allowance was passed August 24, 1699.
Chap. 26. This chapter is from council records, vol. VII., p. 41. It is preserved in
archives, vol. 70, p. 401.
The following is the petition upon which this I'esolve was founded : —
" Province of To his Excellency The Right HonWe Richard Earle of
y«: Massachusetts Bellomont, Governor in Chief of his Majesties Province
Bay : May 31?' of the Massachusetts Bay in New England and to y"
1699 — ' HonWe y^ Council and Representatives in Genl^ Court
Assembled
The Petition of Josiah Pai'ker of Cambridge
huml)ly sheweth
That whereas in the year 1693 — the Indian enemy made an assault upon the Town of
Groton, in which, among others James Parker Jun"" Brother to yo'' humljle Pet'"" was
killed, with his Wife, severall of his Children also were then Carryed away Captive, one
of which named Phinehas Parker something less then a year ago was (by a Master of a
Vessell belonging to Ipswich) redeemed from the Indians at y"» eastward: which said'
Master has been reimbursed by yoY Pet :"•' w<='' is to the Value of about six pounds in
Money —
The earnest request of yo^ humble Petnr to yo'' Excellency & to this Ilon^e Court, is
that you would please to Consider him & that allowance may be made him" out of the
publick Treasury for what he has disburst Also he desires humbly that you would
please something to Consider the said Phinehas who is a poor Orphan now about twelve
years old, and is like wise lame of one of his Leggs occasioned by yo cruelty of y" sal-
vages and it is very questionable whether ever he will be Cured, & has little or nothing
left him of his Fathers estate for his support If therefore what has here been suggested
by yo"' humble Pet :nr may be accordingly Considered & granted, it will greatly oblige him,
as in duty Bound ever to"Pray &c Josiah Paukek." — Mass.
A)-chives, vol. 70, p. 401.
This petition was read, a first time, in the House, on the third of June. On the sixth
it was read a second time, and again on the seventh, when the vote which constitutes this
chapter was passed and sent to the Council for concurrence. On the nineteenth of July
it was concurred in, and the Governor signified his consent thereto in writing.
The order in Council* for the payment of this allowance was passed August 24, 1699.
Chap. 27. This chapter is from council records, vol. VII., p. -44. It is preserved in
archives, vol. 70, p. 400.
The following is the petition upon which this resolve was founded : —
" To The Honored & great Assembly now setting in Boston The humble petition and
Request of Stephen Holden of Groton
Honored S"
It having pleased the Almighty God to order it that myselfe & my two biggest sons th6
small were taken captiues by the Indian enemyes from our towne of Groton and being
with the Estcrne enemy & my 2 sons about one year & ten moneth where thA it was my
portion to escape with my life thro gods mercy beyound what I did expect or look for &
I thinke fared better then some other Englishyett great hardship and difBcultyes I under-
went, butt being very desirous with one of my sons that was there to gitt home If it might
before the English vessells came I was necessitated to give my promise to my Indian Pilates
whome I satisfyed att Richraans Island by English that I borrowed of there thre pound
& twelue shillings If I might have y« boldnesse I would humbly crane That It might be
* Executive Records of the Council, vol. 3, p. 53.
[Notes.] Province Laws {Resolves e^c). — 1699-1700. 623
payd out of Publiq ; stock I should take it thankfully att your hands Thus with my
thankofullnesse to God that hoth mysclfo & both my children ho hath graciously returned
to our homo againo ctjmmcnd your honours and conccrments into y" hand;j & wishing y
rrcscneOcSt bcnidiction of y» soveraine God 1 take Leaue & subscribe myseileyour humble
servant & suppliant
Groton May 27"' 1C9'» Stepiien IIolden." — Mass,
Archives, vol. 70, 2'- 400.
This petition was read, first, in the House, on the sixth of Juno and the vote thereon
passed which constitutes this chapter. On the ninetecnlii of July it was concurred in by
the Council, and consented to and signed by the Govenior.
The order in Uouncil* for the payment of this allowance wa^ passed August 2t, 1699.
Chap. 28. This chapter is from council records, vol. VII., p. 42. It has not been
found in the archives.
Chap. 31. This chapter is from archives, vol. lOG, p. 451. It is recorded in council
records, vol. VII., p. 46.
The order in Uouncil* for the payment of this allowance was passed August 21, 1G99.
See resolves, 1691-5, chapter 14, and note, and 1701-2, chapter 22, and note.
Chap. 32. This chapter is from council records, vol. VII., p. 46. It is preserved in
archives, vol. 70, p. 404.
The following is the petition upon which this resolve was founded: —
" Province of To his Excellency The Right Honhje Richard Earlo of
y«: Masi^achusetts Bellomont Governo'' in Chief of his Mujesties Province
Bay : May 31?' of the Massachusetts Bay in New England, & to y-
1699 — ' Honbie ye Council and Representatives in Gen'/ Court
Assembled —
The Petition of Joseph Hasting late of Cambridge now of Reding humbly Sheweth —
That whereas yo' poor Pet"'' in y year 1690. was Impressed & sent out a souldier
against the Indian enemy, & in a fight with the s^ enemy near to Exceter was wounded
by a shot close by his eye, l)y wjh wound he hath lost the sight of s'' eye although he has
bin at Considerable Charge lor preventing the same : the loss of which is, & is evor like to
be, greatly Detrimental! to him in his employment for his outward subsistance : And
whereas some few years since a Comittee was appointed to Consider and take order for
the relief of wounded Men; to w^i^ Coihittee j'O"" Pet^r did addi'ess himself and represent
his Case, but through neglect of their entring his Name, he has received nothing —
Yo'' poor Pefnr Doth therefore humbly request of yo'' Excellency & this Honor^^'e Court
y' you would please to take his Case into yo'' serious Consideration, that so such allow-
ance may be order'd him as is usuall & Customary in like Cases, or as shall in yo""
Wisdomes be Judged most meet & equall which will greatly oblige yo' poor Petni" as in
duty Bound ever to Pray &c. Joseph Hastings." — Mass.
Archives, vol. 70, p. 404.
This petition was read, first, in the House, on the sixth of June. On the seventh it was
read again, and the resolve which constitutes this chapter was passed and sent to the
Council, for concurrence. On the twentieth of July it was concurred in, and consented to
and signed by the Governor.
The order in Council* for the payment of this allowance was passed August 24, 1699.
Chap. 33. This chapter is from council records, vol. VII., p. 47. It is preserved in
archives, vol. 70, p. 407.
For the circumstances of Holmes's death see the note to chapter 16, ante.
The following account of expenses attending Holmes's funeral having been presented to
the House on the twentieth of July, the vote which constitutes this chapter was passed
by both branches, and the Governor signified his consent by signing the memorandum
which the Secretary appended to the vote at the foot of the bill : —
" To the Comisoners for war Boston June ye 15* ]^
By his Excellency the Lord Bellomont and Seuerall of the Couensell it was ordered that
the funerall Charges of Nathanell Holmes Kild by the brakeing of a great gunn at the
Castle upon Castle Island the 12 : of June 1699 : Should be bourne : by the publick Charge
I haue therefore herein giuen you an Acco*.' of the Charge thereof which is as followes
II s d
for a plaine Corfin // - // 16 „ -
32^ Gallons of wine att 3V P Gall ,, 4„16„9
2 barrels of Strong beer with the bar's ,, 1 „ 8 „ 6
30 pair of mens Gloues at 18''/ ■P' p^ // 2 „ 5 ,^ -
24pairof CullerdDittoat2V t*P' 2„S„-
12 pair Ditto att 3V F p' . * „l „ 16 ,. -
11 pair ofblack Ditto att 2VFP'' „1,, 2,, -
2 pair of Small Ditto att 16V P P"" //-// 2,, 8
6| yards of frizenero at 3'/ 'P 7"? „ - ^^ 18 „ 9
Svma Totall 15 „ 13 ,, 8
John fpayerweather Capt'." — Mass.
Archives, vol. 70, p. 407.
The order in Councilf for the payment of this allowance was passed August 24, 1699.
* Executive Rscorda of the Council, vol. 3, p. 52.
t Ibid., p. 63.
624 PROVINGE Laws {Resolves etc.). — 1699-1700. [Chaps. 34-39.]
Chap. 34. This chapter is from council records, vol. VII., p. 47. It has not been
fonnd in tUe archives.
Chap. 35. This chapter is from executive records of the council, vol. 3, p. 48. It
has not been found in the archives.
"Third-Day, July, 25. 1699 Council advis'd that the Governour give Mr.
Mather some Authority relating to the College, pursuant to the Vote of the Representa-
tives." — SewaU's Diary, vol. I., p. 500.
Chap. 38. This chapter is from archives, vol. 70, p. 441. It is recorded in council
records, vol. VII., p 63.
The petition upon which this resolve was founded is as follows : —
" To the Great & Honorable Gener" Court sitting in Boston march the IS"" day, 1700.,
The Humble petition of Joseph Benjamin, sheweth May it please the Honoured Court
to Take notice of y aflicted state of me Joseph Benjamin, who was Born at Barnstable,
within the province of y^ massathusets Bay, And being a soldier under Capt" Goram.
was Imprest into his majesty service some time in y month fobruary about five years
agoe to serve under Major March at pommaquid. And in the month August next
following 1 was sorely wounded, on one of my hands, & y^ otber Arm, by the Indian
Enemy. And by .Reason of y*^ wounds then received I have been ever since disabled to
Laljour for my Living. And I being a married man & have a chargable family am
incapassitated to provide for them as I shold. — Therefore I do Humbly beseech this
Honoured Com't to consider my condition. & to shew so miich pitty to me, as to Grant
me a constant petition (as hath been done to others in my Condition) or else to order
some certain suiu t;) be payd unto me out of y Country Treasury for my present releife
which in so doing I hope your Justice & charity will Appear, & will greatly oblige him
that is your humble servant (now aflicted) ever to pray.
Joseph Benjamin." — Mass.
Archives, vol. 10, p. 430.
This petition was read, a first time, in the House, on the fourteenth of March, 1699-1700.
It was referred in regular course to the committee on petitions who, on the sixteenth,
reported as follows : —
" In answer to the petition, the Comitte, is of opinion y' the petitionf (being setled out
of y.e Province) be alowed out of the publique Treasury, of this province, the Suino of
twelue pounds, in mony, prouided he Clear the province of any further Charge, refering
to those wounds inserted, in the within petio." — Ibid., p. 440.
On the same day the resolve which constitutes this chapter was passed and sent to the
Council, for concurrence. The Council voted a concurrence on the twenty-second.
The order in Council* for the payment of this allowance was passed April 8, 1700.
Chap. .39. This chapter is from council records, vol. VII., p. 63. It is preserved in
archives, vol 70, p. 436.
The petition upon which this resolve was founded is as follows : —
"To his Excellency Richard, Earle of Bellomont Captain Gen^ & Governour in chief of
His Maj^ Province of the Massachusets Bay in New-Engld and to the honi''« Council &
Assembly sitting in Boston March, 13. 1699/700 The Petition of Peter Legroove
Wounded Souldier, humbly sheweth
That your poor Petitioner late Inhabitant in the Town of Wenham, was from thence
impressed into His Maj"-" Service the 9'-h day of September 1697. and put under the
CoOiand of Capt. Daniel Rindge. and at the Winnegance at the Eastward, was wounded
in the Thigh, and was obliged to ly near three Moneths under the Chirurgeon's care,
enduring the Pains that were necessary in order to his Cure. And when I was left by
the Doctor, I was unable to labour for the earning of my Living; having no hope of ever
being my own man again, as formerly ; or of being able to doe any hard Labour.
Your poor Petitioner therefore humbly Prays that his deplorable Condition may be
taken into Consideration and that his incurable Hurt may be somwhat eased by an
Allowance of such Stipend for his Life as to your Goodness & Prudence shall seem ineet
And your Petitioner as in Duty bound shall ever Pray &c
Peter Legroove." — Mass.
Archives, vol. 10 p 433.
With his petition Legrove filed the following certificates from Doctor Bradstreet and
Captain Rindge, respeetivel\' : —
" These may : signify to whome It may concern that Petor Lagroue was woundid In
the Last Ingagement with the Indeans being undor the comand of Majr March his
wound was a Large deep wound In his thigh with the Laceration : of the Nearucs and
muscles he has bein undor my care and dresing: for cure to the parfecting of the same
from the time afor s<5 to this instant
Decembr 8"> 1097 Humphry Bradstreet Chyip." — Ibid., p. 431.
" This may Sartyfy whome It Doth concarne that peter legrouc : a Soulder under my
comand In y« expedison To y Estward at y" weniganc : In j"' yere : 1697 y" s^i peter
Legroue : was wounded : y" : 9':'> : day : of Scptembr : 1697 : the manor of his wound : &
how long he lay lame the Doctor hath signifide In his noat but for his Time and Smart he
hath had nothing as yet Therfor macks^ his adres To your honors : for Relefe : he was
prest from wenham : & listed under my comand for his magistis saruis : in : yo yera
aboue s'l : as atest :
Dated Ipswich: febrv: ye2: 1698 Danieel Rindge Cap'." — 76/^^.,;;. 438.
* Executive Records of the Council, vol. 3, p. 109.
[Notes.] Province Laws {ResrAves etc.). — 1699-1700. 625
The petition was referred to the committee on petitions who reported as follows : —
"In answer to the within petition yp Comitte iire of Opinion y\ the petitioner be
Alowed, out of the pul)liq; Treasury of this province, the sumo of, Three pounds. I>
Annum for Three years Next Ensuing." — Ibid., p. 43G.
On the twentieth the resolve which constitutes this chapter was passed by the House,
and concurred in by the Council on the twenty-second.
The order in Council for the payment of this pension is the general order, extracts from
which are printed in tlio note to chapter 21, ante.
The province treasurer's accounts contain the following entry : —
" Paid Peter Legrove to y" 13* March 1702/3 at w<;ii time his Stipend ends . 3„ -„ - ."
— Ibid., vol. 122, p. 1 06.
Chap. 40. This chapter is from council records, vol. VII., p. 64. It has not been
found in the archives.
This motion was made evidently to ratify and give additional force to chapter 35,
ante. Bellomont's autliorily to constitute and regulate corporations, in his capacity as
the king's representative, seems to be therein recognized by the representatives, as it
had been by the Council in the chapter above referred to. See the foot-note to that
chapter.
Chap. 41. This chapter is from archives, vol. 48, p. 304. It is recorded in council
records, vol. VII., p. 64. See i-esolvcs 1700-1, chapter GO, and note.
Chap. 42. This chapter is from archives, vol. 40, p. 632. It is recorded in conncil
records, vol. VII., p 64.
The order in Council* for the payment of this allowance was passed April 8, 1700.
Chap. 43. This chapter is from council records, vol. VII., p. 65. It has not been
found in the archives.
The order in Councilf for the payment of this allowance was passed April 8, 1700.
Chap. 44. This chapter is from council records, vol. VII., p. 65. It has not been
found in the archives.
The order in Councilf for the payment of this allowance was passed April 8, 1700.
Chap. 45. This chapter is from council records, vol. VII., p. 65. It has not been
found in the archives .
This was White's first year of service as clerk, in which office he continued, by succes-
sive elections, for more than twenty years.
The order in Council! for the payrnent of this allowance was passed April 8, 1700.
Chap. 46. This chapter is from council records, vol. VII., p. 65. It has not been
found in the archives.
Phipps was clerk of the House in 1692-3. This appears to have been the first allowance
made to him for that service.
The order in Councilf for the payment of this allowance was passed April 8, 1700.
Chap. 47. This chapter is from council records, vol. VII., p. 65. It has not been
found in the archives.
The order in Councilf for the payment of this allowance was passed April 8, 1700.
Chap. 48. This chapter is from council records, vol. VII., p. 66. It has not been
found in tlie archives.
The order in Councilf for the payment of this allowance was passed April 8, 1700.
Chap. 50. This chapter is from council records, vol. VII., p. 66. It is preserved in
archives, vol. 121, p. 96.
The petition mentioned in this chapter is as follows : —
"To his Excelency the Gouernor & Councell & Representatiues in Generall Court at
Boston this 13th. of march 1699.
the petition of the Inhabitants of the town of taunton, by thir select men Hnmbley
sheweth, that whereas sum of our said Inhabitants did for many years past at thir own
charge erect & buld a cart Bridge ouer taunton great Riuer, at the southerly Peart of sd
town, for themselues and neighbours, which bridge proued of uery Great benifit & use
not only to y" town but cuntrey and was uery much used by both, and the Rhoad allso
good. And after our Late coloney was diuided inio covntys. our county of Bristol, upon
sum speshall occasion see cans to appoint a duble Jurey to accomondate that matter; and
that Jurey did then Lay out a cuntrey Rhoad ouer said Bridge and made Retvrn there of
which was accepted & is now upon Record, but now said bridge is fallen do^vn, to the
great damage of the cuntery as all trauilers well know, that trauill that Rhoad, and allso
to our town and espeshalley to the furist+ bulders and those that suckseed them ; it might
allso bin Justly said that those that driue cattell sbepe and hogs from our southeron parts
to Boston are greatly hindred in thire imploy for want of said bridge ; And the surcom-
stanceys of our town are now such, by Reson of the many other bridges mainteyned by
us and other growing charges amongst us, that we canot Rebuld it, and the first builders
are sum dead and others haue not forgot the first cost, that thay canot do it, wee haueing
breefely Laid before your honours om* cas, andcuntreys want, with our chargable surcum-
* Executive Records of the Council, vol. 3, p. 108.
t Ibid., p. 109.
X Sic: Jirst.
selectmen." —
Mass. Archives,
vol. 121, p. 95.
626 Province Laws {Resolves e^c). — 1G99-1700. [Chap. 51.]
stanceys, Do humbley petition your honouvs for help, that the said Bridge may be built
again by the prouince, it will be but a small thing for the prouiuce to do it, But it will be
a great thing for the prouince & us allwayes to be without it, we humbly conceiue it is no
new thing for the prouince to be helpfuil upon such ueiy nesesary occasions, the bridge
must be :140: foot Long, the cost may be about :150': 00^: 0^ and so hopeing your honours
will Grant our, we hop Reasonable Request, we subscribe j'our honours most humble
Petitioners and shall all ways be Ready to pray &c :
Henry Hodges
Thomas Gilbert
Thomas Haruey
JoHx White
Thomas Williams
This petition was read, first, in the House, on tlie nineteenth of March, 1699-1700', and
referred to the committee on petitions, who reported as follows : —
" In Answer to the within petition, of the towne of Taunton, the Comitte Are of
Opinion, yj a Comitte of three Indifferent men — be Chosen by this Coiu-t, to make
Inquiry, wiiither the Bridge mentioned, be Deemed nessessary, & of puljlique use, which
if it appear to be soe. Then also to Consid"; the Benefit, the townes of ffree-towne, Tiver-
ton Little Compton, & Dartmoth haue thereby, that if the.y are not otherwise burdened,
with there owne Bridges, they may be ordered Respectiuely, to Contribute a Suitable, &
Ecquitable, proportion towards yp Bulding, & maintaining yf s^ Bridge — & the Charge
of the Comitte be borne by £* petition"." — Ibid., p. 96.
On the twentieth, this report having been read in the House, the following memoran-
dum was appended to it : —
" Read : & Pass'd and That Capt Josiah Edson, M"; Joseph Kent, & M^ John Hunt be
the persons appi^^ & impowered for the Affair afores.ii & to make Report to the next ses-
sion of this Court." — Ibid.
A further memorandum was added by the Secretary, that on the twenty-third the vote
had been read and concurred in by the Council.
The above memorandum was enlarged by the Secretary into the present chapter when
he made up his record. The committee appointed were all members of the House — two
from Bristol County, and one fi-om Bridgewater.
An unsuccessful attempt to procure assistance from the province in the building of a
bridge '• with stone arches," at the same place, was made in the first session of 1697, in
the following petition : —
" The humble petition of the Inhabatancs of Taunton to the great and generall Court
asembled at Boston this 26 — of may 1697 humbly shaweth —
That wharas for maney years past thar was bult a Cart bridge ouer the great riuer of
about .60. j'ards in lainth by afew poore men of the southern end of y-" towne. for them
selfes and for y^ good of y" Contrey which sd bridg proued so vssf uU to all in genarall
and espesally to y southern part of this County som hundred of Cattell yearly are drowef
ouer for boston, and for traualrs sd bridg proudf vssfuU. and so vssfull y' the Court
at bristoU som years past sent out a Juarey Consisting of a great number of men som
out of euerey towne in y" County to lay out Ijouth Contery and Covnty wayes which
Juarey laid out ways to and from sd bridg to plemuth and to y^ southern towns, which
bridg is now fallen downe which will proue much to y" damag of y"^ generall as well as to
y« towne and as for thes men which furst bult sd bridg som are ded and y remainer not
able, doe humbley desir this great and generall Court to be helpfuil and giue somthing
Consederable towards y rebulding of sd bridg if but two hundred pound and it shall be
bult with ston arches as spedely as y« sestion will giue leue the bridg will proue Charga-
ble and our towne haue six other verey consederable bridges to maintain, thar beingno
towne as we know or hear of is at half ye Charges y' our towne of Taunton is at about
bridgs and heywayes so hoping what is aboue but hinted at will be Consedered of and
somthing Consederable done y^ the bridg be rebult and maintaint. so we shall remain
yours obledged to pray, and subcrib as select men for and in the name of y Inhabatancs
of the Towne of Taunton —
Taunton May the 24 : 1^7 James Leonard
Tho = Williams." — Ibid., p. 69.
This petition came up for consideration at the third session, when the House passed
the following vote, which does not appear to have been concurred in by the Council : —
" Oct". 16. 1697. In the House of Representatives
Voted, That the Bridge be supported according to former Usage." — Ibid.
For the report of the committee appointed by this chapter, see resolves, 1700-1, chap-
ter 50.
Chap. 51. This chapter is from council records, vol. VII., p. 67. It is preserved in
archives, vol. 40, p. 612. See resolves, 1693-4, chapter 8, and note.
The following is the petition mentioned in the preamble to this chapter : —
"To His Excell^ Rich-d" Earle of Beliom' Captain Gen" & Govern'' in Chief in & over
his Maj'J'* Provinces of the Massachusetts-Bay New- York New-HampShire &c» together
w'h the Hon'^'e the House of Rep''sentatives & Councill ffor the Province of the Massa-
chusetts-Bay in New-En<jland mett in Gen" Assembly — /
The Humble Petition of John Arnold To fr Excel^y &c — /
Humbly Sheweth
That yor Petition" (in the late Happy RevolucSn in the year 1689) being then Keeper
of his Maj -.^ Goal for the County of Suffolk in Boston in the Prouince afores'^ To whose
• Sic.
t Sic: proved.
[Notes.] Pkovince Laws {Resolves etc.). — 1(J99-1700.
627
Custody l)y the Publick Autliority of the s'' Province were comitted jihe then Hon''''
Josepli Dudley Esq ; Lieut Govern' of s'' Province & Several! other GentliFi of s'' I'rovince)
Prisoni^s to tiio CoiTion Goal of s'' County : where the s'' Gentl'" were continued Prison'^s
in Safe Custody for tiie Si)ace of Thirty tw'o weel<s & upwards, until! Ijy tlie Especiall
ord's & comands of Iiis most Gracious Maj''*' King William tlie s'' Gent!'" were discharg'd
& releas'd from tlieir s'' imprisonm' as affores'': w"'out any allowance to yr Petition'" of
any just tfees or otlier reasonalile cliarges yor s'' Petition'' did Expend & disliurse for
Lodgeing Dyett & other necessary's dureing the time of the confinem~of s'' Prison "^s as
affores'': And Whereas in the year 1692 Sundry & diver«_ persons were l)y the Publick
Authority of s'' I'rovince comitted unto the Custody oj_ yr Petition' as being Witches &
possess'd wth that Diabolicall Sin of Witchcraft for w'h s'l Crimes Severall of them were
convicted & suffered condign jiunishment according to the Laws of the s'' Province in that
case made & i)rovided; for all w^'' s'' Prison's as also for many other poor & Decreped &
disal)le perSons your s'' Petition"' hath been at an Extraordinary cliarge & Expence in
mending repairing & Securing tlie s"' Comon Goal of s'' County as by Sundry Accounts
now ready to l)e produced to this Hon'''*^ House reference thereto being had doth & may
more ffully & at large appear; by reason of wch s'' Disburments & Exjjences, yr s'^
Petition"' liath greatly lessen'd & impar'd his Estate to the great impoverishing of yr s^
Petition"" & his Family — / —
Wherefore y"' Petition"' Humbly implores this Hont''e House to take this his Case into
your most mature & Serious consideracon : that So yr Humble Petition"' may be reim-
burs'd the Severall Sums of money so disburs'd & Expended by yr Petition'" as in & by
the s'' account doth appear by Such ways & means as to your Excell'^&c* shall seem
most convenient & meet & he will as in Duty bound For Ever pray &c^." — Mass.
Archives, vol. 40, p. 611.
Arnold's account was as follows : —
" The Counthey or Province of t^ Massathusets
To 2 Accompts gi"ven in to Ml Addington the one £41 , -„ - &
the other £32 „ - from the 27$ June 1689 to the 5"> of Ifebry
Dl
the other £32 ,
following
1689/90
Febry 9»^
73
To Joseph Dudley' Imprisonmt 32 Weekes
3 Daves from the 27i' June to y>^ 9l]> of
Feb7 following .' . , . ' . at 2/ 6 t> W
To Edward Randolph D' 32 Weeks 3
Dayes at 2/ 6 .
To John West D" 32 Weeks 3 Days . . at 2/ 6 .
To James Sherlock D" 32 Weeks 3 Dayes . at 2/ 6
To Archibald Hambleton D>' 32 Weeks 3
Daves
To George Farewell D" 32 Weeks 3 Dayes
To David Jameson D^ 32 Wrecks 3 Dayes .
To John Jordan D" 32 Wrecks 3 Dayes
To John Palmer D" 16 Weeks 1^ Day
To Joshua Broadhent D" 15 W^eeks .
To Thomas Larking D'' 18 Weeks from
D» 27t]l June to the In Now following .
To W2; Tomlin D<^ 26 Weeks from the 23^
Aug" §? to y; 12 ffebi7 following at 2/
more Turning the Key
To David Shaccaran Indian D" Committed the
6th Feb'T 89/90 Continued to y^ 23^ Insti.
(and then broak stone prison — ) being 2 Weeks
3 Days at 2/ 6 . . . ." .
Turning the Key
4 1 %
4 1 \
4 1 I
4 1 I
at 2/ 6
at 2/ 6
at 2/ 6
at 2/ 6
at 2/ 6
at 2/ 6
at 2/ 6
of
6 ,3
4
4
4
4
2
1 17
1 %
1 \
1 I
- 6
6
., 5« -
- 5 -
5„ -
To Doct'" Simon Indian D" Committed ICJ- ffel)^^"
1689/90 and Discharged the 25th Do is 2 Weeks
Turning the Key
To Thomas Pound D" from y^ 5* Feb^ to the
27:^ Mar : following the Day of his' Escape
being 7 Weeks one Dav at 2/ 6
To Samuel Watts D'> . "
To William Warren D" . . . • .
To John Abimeleck Indian D" Comitted freb'"y
15'h Continuetl to the 9£' of March following
then liroake Gaole is 3 Weeks
Turning the Kev
.,-,,17,, 10
..,-..17,, 10
7,/ 6
5„ -
To Richd Griffith Di from the 5^" of frebry to the l^. of April
following 7 Weeks 5 dayes at 2/ 6 . . . 7 .
To Thomas Hawkins D" 9 Weeks 2 dayes from the 5"» of Febii"-
to 'the 10^ of April following that he broak prison at 2/ 6 .
To Daniel Lander D'' '. .
•10-
3 10 -
- 11 -
- 10 -
2 13 6
- 12 6
- 19 2
1 3 2
1 3 2
628
Province Laws {Resolves etc.). — 1699-1700. [Chap. 51.]
1690
May
June
July.
" The Countrey or Province of y" Massathusets
To Sundry persons Imprisonment Viz'/
W?^ Dun 10 VVeekes 4 Daves from the 5'i of
Feby 89 to the lO'J; of April foil . . ' . „ 1 ,
Jno Saitterden D" ' ,, 1 ^
Pefes Heath D" ,, 1
16
10
13
14
16
17
To Negro Jaclc 4 Weeks Committed for mur-
theriug the Widdo\v Isabell Houldridge
from the 4'h of Aprill 9iJ to the 3>i of May
foil? y' he dyed
Turning the Key
-.10,
-„ 5,
This Accott given in the 9^^ of Aug^- 1690/
To ifunerall Charges on Negro Jack
a Cofhn 8/ Bearers & Drink 7/
Vizt
Digging the Graue
II ~ II " /(
h
To mending the Iron Barrs of the Goale where Hawkins broke
out
Ti) mending the Goale where Pounds Watts and Warren
broake forth
To Repairing the Wooden Goale w^> plank Navies Ac .
To 49 ffrencii prisoners of Warre Receiued into Custody the
305 of May M & Delivered as foil : Vizt
one Soldier" to S;: W'." Phips Comi'tted
„ 0 Weeks 11 Days .' . . . . £-,,3,^10
Peter Bailey To Francis Allen of Roxbury
was in „2We:0- £-„ 5„ -
La Bailez To Jnu Greene of Maiden,, 2 W: 0- £-;, 5,, -
Depree
To Jn» Alden 2W: ID
18
19
20
21
23
24
25
28
8
15
22
Mellyen
Gramacar
Laffranchise
Peter King
Fraii: Savage
Torrentine &
La Jeaness
Du Oilers To W™ Rouse
To Capt And^^ Belchier
;2W: ID:
To Wm Stoughton EsqV
,2W: ID:
. ;,2W: 3D:
Weeks-Davs
£1
£-,
10;
10
6;
To S'-W2 Phips
Jean Queson To Daniel Turell Juni
Marebat
Francway
Brownet
Lashonesh
Lantamore i
Laroche j
Deloire To M: Shnte
Lavalier To Capt Lynd of Charles
town . . ■ .
Boulanger To Arthur Mason .
Jacob Stifflgan or Suffligean To
W? Coleman
La flfortune
La fountaine \ To Coll", Paige
La Roclie
De Rochier To Wy Keene
one Soldier To Aiiios Marret
5 soldiers To Daniel Smith
Thomas Martin ) To Tho: Davis of
Ehas Mathree j Milton
one Soldier To Rich! Haven .
Wh Marke To Samuel Bill .
Arith" Virnell To Jno Word Senj
David Doffong
Battist
Tasemin To Jn° Gordale of Dor
chestr . . ' .
Antliif Virneere To Ifran" Wilson
of Oobourn
Le laus Dauphin To James Bird of
Dorchi;
One To Jn'2 Wilson of lipswich
La floure due Molijie To Laffleiir
Oade Vailee To Nath: Baker .
Labree To James Tailor .
Lewis Pean To Samuel Greene
2-3- £-
£1
2-4
To Henry Mare
2-4
2-5
I?
4
4
£1„ -„ 3
3 -
3
3
4
5
6
7
5
6
6
^ II
£1.
Til U
15;/ n
6
0
1
1
£-.
U'l
7// 0
7,10
7,10
1
£-11
15, 8
3
£-//
8, 6
3
£-.
8„ 6
4
5
1
4
4
4
£-11
£-«
£-,.
£-11
£-11
^'^2
9, 3
10, 4
14 „ 2
16, 5
19,11
Dr.
3 19 -
15 -
- 18 -
- 5 -
- 8 -
- 7 -
16 17 11
[Notes.] Province Laws {Resolves etc.). — 1699-1700.
629
to
" The Countrey or Province of y" Massalhusets
5690 To Elcazer Hiu'k Imi)nsonint from tlie r)th ffelj'T : 1689
the 30';" June following is 20 Weeks 5 Daves at 2/ 6 .
ToDoctr Tho: Storv Iini)risoniii' from tlieSili V&h'l 89 to the
301!; June I'ollv is 20 Weeks 5 Daves at 2/ G . '. ~ .
To Clirist()i>lier Knifjliticy Ditto "
To Sundry persons Iniprisonm' Viz'/
Joseph Lawrence from the 29^' May 9fl & p
ord' of Majo'' Hutchinson dd' on Iioard the
Sliip Six freinds June 30i5 foil'.' is 4 Weeks
4 Dayes at 2/ 6 l.> Wee'ke &' turnin;,' the
Kev 'V ■ . - 16 5
Edward Warren D" "-"ig" 5
Patrick Ilasson Do 'i-'l'^^" 5
Job Browne from the 6*" June to tlie 30il; put " '' "
on hoard Di ship V ord"' is 3 Weel'^es 4
Dayes at 2/ 6 P Weeke & turfi: Key 5/ . „ -„ 13 „ 11
To Sundry others Imprisonm' Viz'
Katherine Ilartnan Comitted 5^; July Dis-
charged the 20^ \y> is 2 Weeks' & turns: the
Key 5/
Indian Robin Committed 6
Jano' 89 Continued to the I'i
Augi- following and then
dved' of the small pox, 29
Weeks 3 Days at 2/ 6 !;>
Weeke £3 „ 13 „ (
more funerall Charges . . £- ^, 10 ,, -
Docton & peopie to Attend
liim £-,, 05,, -
Turney* the Key . . . £-„ 5„ -
4„13„ 6
Di
2 11 8
11
11
3 3 2
■«10,/
Jn2.De la forrest Coffiitted y 5^i July 90 and
Discharged y 28* is 3 Weeks one Day at
2/ 6 l,> Week & turn: the Key 5/
Francisco a french prison^ w^h
came from Canada taken at
Oyster River Committed the
23'' March 89/!WContinui to
the 6"' of Augo foils, dd S'
W5! Phips, is 19 Weeks 3'
Dayes 2/ 6 . . . , £2„ 8„ 6
Turning the Key . . . £- ,, 5 „ -
W"? Coward Committed the 5i of Feb'"y 89/90
Continued to the I'j Marcli following is 3
Weekes 3 Dayes at 2/ 6
12.10
.2,, 13,
To one Yeares Sallery from the 27* of June 19 to the 27£' of
June following ' .
This 2'i Acco" given in to the Secretary the 9$ of Aug2-1690/ '
To Sundry persons Imprisonm' Vizt /
John Rosse Committed 16^} of
Aug"- 1690 Discharged the
30^! is 2 Weeks one Day at
2/6 P Weeke . . . £-„ 5,, 4
Turning the Key . . . £-,,£„-
8 18 4
20 - -
The fTrench frver Committed
the 25'!' D" Discharged the
28f is 3 Dayes . . . £- „ 1 ,
Turning the Key . . . £-'„ b\
Jonathan Wales Committed
27'i> Ditto & Discharged the
30^' is 3 Dayes . . . £- ,, 1 ,
Turning the Key . . _^ £■-'„ ^'u
Victoi the French Sergeant reel into Custody
the 30i!? May & Delivered the' lO'i" Novemb'-
foll-^is 23 Weeks 3 Dayes at 2/ 6 P Weeke
3 frerich Prisonii returnd from their Mast;'
each being 2 months at 30/ . . . ',
J .-,
10,
6„ -
J // II ^ II ~
II ^11
18,
- 11
6 -
6 -
Noyr 13 To making 3 Barrs for tho Stone Goale
24 To making 3 Barrs more for Ditto
To my Journey to the Eastward w* Majo"' Hutchinson & Cap'
Townsend . . . .' 2--
To halfe a yeares Salary due to me from the 27i!! of June 1690 to
the 272; of Decf following . . . ' . . . . lo - _
To mending the Glass Windows of the prison house . . - 12 -
* Sic.
630 Province Laws {Resolves etc.). — 1699-1700. [Chap. 51.}
" The Countrey or Province of y Massathusets Dl
1690/91 To the Widdow Gleison Imprisonm'. from
the 8^ of Decemb-- Kiw to the 24ti} of Jan' v fol-
lowing 6 Weeks -i Daves at 2/ 6 V Weeke is £- „ 16 „ 4
Expences in Inirying her £- „ 12 „ -
one Cord of Wood £-,, 10„ -
1 18 4
March 23"!. To mending the Stone Goale where Bright broak out . . - lO -
To my halt'e Yeares Sallery from the 2715 of Deceuib'' 1690 to
tlie 271'' June following . . . ' 10
This 3'' Acco" was given in to the Secretary Augt 14'^ 1691/
1691/2
March 9 To Keeping Henry Warren 18 Daves - 11 -
To 2 Chaines for Sarah Good & Sarah Ozburne . . . - 14 -
14 To keeping Lewis Hutchins 8 Weelvcs 1 - -
April 5 To 2 Blankets for Sarah Goodf Child V ord^ of the Governo"'
1692 & Council . - 16 -
29 To 500 foot of Boards to mend the Goale and
Prison house £1„10„ -
4 Locks for the Goale £-„ 8„ -
2 C of Nayles £- „ 3 „ -
Repairing the Prison house . . . . £2 „ 8 „ - .
4 9-
May 10 To 3 large Locks for the Goal - 9 9
23 To Shackles for 10 prison!:! f his Excell"^ order . . .25-
29 To 1 pr of Irons for Mary'Cox - 7 -
To Keeping Sundrv Prison'^ Viz'/
Sarah Ozburne "from the 7^^ of March 169V2
the time of her Committment to the 10^ of
May 1692 when she Dyed is 9 Weeks 2
Dayes at 2/ 6 I:* Weeke . . . . 1 „ 3 ^, 2J
Sarah Good from the 75' of March 1691/2 to
the 1° of June following 12 Weekes & 2
Dave"s when dd out at 2/ 6 F • • . 1 „ 10 ^ 8^
Rebeckah Nurse from y 12* of April 1691
when reel, into Custody to the 1° of June
foll2- wheii dd out 7 Weeks 1 Day . . , -„ 17 ,, 6
John Svillard from the 18''; of Mav to the 1^ of
June folio- 14 Daves at 2/6 V'W ." . _^^ 5^^ _
John Procter & Eliza his Wife from the
r2S April to the lo o'f June is 7 Weeks one
Ddy at 2/ 6 each ¥> Weeke . . . . 1 ,, 15 ,, 8
Susannah Martin from the 2<1 May to the
14- of June 4 Weeks 2 Dayes . . . - ,, 10 „ 8
Briclget Bishop als Oliver from the 12* of
May to the 1°^ of June 20 Dayes at 2/ 6 P'
Weeke -y/ 7„ 2
Alice Parker from the 12^ May to the 1^ of
June 20 Dayes » - ;( 7 „ 2
Tituba an Indian Woman from the 71" of
March 1691/2 to the l^iof June — 12 Weekes
2 Daves at 2/ 6 1 „ 10 ^^ 8
8 7 9
To Keeping Sundry Prisoners as foUoweth Vizt
Samuel Passanauton an Indian from the 28^
of April 1692 to the 27* of June — 8 Weeks 4
Dayes at 2/ 6 V> Weeke . . . . 1 „ 1 ,, 5
George Burroughs from the 9* of May to the
19'h of June when dd out is 5 Weeks 6
Da3'esat2/6 ;,-„14„ 8
George Jacobs from the 12* of May to the 19
Juneo WeeksS Dayes at'2/ 6 . . . ,, -„13„ 6
Charles ffrancoy frojn y^ 12* May to the 271''
of June 6 Weeks 4 Dayes at 2/6 . '. ,, - ,, 16 ,, 5
Roger Toothaker from the 18* May to the
17* June the time he Dveil 4 Weeks 2
Dayes at 2/ 6 . . " . . . . „ - „ 10 ,, 8
3 16 8
To Keeping
Martha Sparks from the 28'-S of Octobr ir,91 to
the 8* of Decembr. 1692 — 58 Weekes at
2/6 1?W . .= „7„ 5„ -
Martha Cf)ry from the 12* of April 9_2 to the
19* of June following is 9 Weekes 5 Daves
at 2/ 6 ' . „!,, 4„ 2
Sarah Cloisefrom y« 12th of April, to the 19*
of June 9 W 5 Days at 2/ 6 . . '. „1„ 4„ 2
Jeane Duglas from the 22^ of April to the 6^'
of Aiig'J is 15 Weekes one Dav at 2/ 6 F . „ 1 „ 17;, 6
Lydia Da'sten from the 2^ of May to the 19*
June is 6 Weeks 6 Dayes at 2/ 6 . . . /< - ,/ 17 „ -
[Notes.] Province Laws (Besolves etc.). — 1(199-1700. 631
" The Countrey or Province of j'o Massathusets Dl
1692 Dorcas Hoare from D» 2'' May to D" 19^' of
Ju'>e «-»17„ -
ffrancis Lebarre & ffrancis I51anir of Caiiaila
prison^; of Warre from tlie .'5' of May unto
the 2:)1!j of Julv 11 Weeks 6 Bayes at 5/
each !>■ Weeke „5„ 18„ 2
Sarah Dasteii Uetliia Carter 8c Aiinc Scires
frum tlic ili of May to the 1!)';' of June is 5
Weekes & (i Daves at 2/ 6 each 1> Weeke „ 2„ 3„ 10
Anne Pudeter Gyles Cory & Sarah Wild from
the 12 May to D" 19'" June 5 Weeks 3 Days
at 2/ 6 each l> Weeke ,,2,6,-
it
To Keeping
William Hobbs 30 Weekes 6 Daves from the
12* of Mav 1692 to the 14^ Decemb"- : follow-
ing at 2/ 6 t> Week ." . . . . ,,3,, 17,,
Elizabeth Hart from the 18'i' of Mav to the
TliofDecember — 29 Weeks at 2/6 . . ,,3,12,
Maiy Eastv 3 Weeks 6 Daves from the 23'>
Mav to tiie Idl}' of June at 2/ 6 . . . -„ 9
Sarah Basset from Ditto 23" May to the 3<i of
Decemb' foUowinsc is 27 Weeks 5 Daj'es at
2/6 ti '. . „3„ 9„ 2
Susannah Roots 3 Weeks 6 Daves from D'^
23'" May to the 19* June at 2/ 6 . . . __^ 9 ^ 6
Mary Derrick fromD? 23<i May to the 11± of
Septemb'^ 15 Weeks 6 Daves at 2/ 6 . ' . 1 „ 19 6
Benji. Proctor from D" 23<i May to the 302 of
Isovemb'- folli is 27 Weeks 2 Days . ' . 3„ 8„ 2
Marv Cox 25 Weeks one Day from the 30"! of
May to the 22'i Novemb-- at 2/ 6 . . " . „ 3 ,, 2„ 10
7 prisonrs tfrenchmen Vizf Wif Bonny An-
thony Sally, John Thaum Rheene-Pi-ee,
David Laliatt, Christopher ffrancis &
Anthony Vernon from the 29tii of May to
the 27 of June being 29 Daves at 2/ 6 each
t> Weeke . . . '. . , • „3„ 10„ -
Dorothy Good 34 AVeekes 4 Daves from the
12i!!.o"f April to the 10'i> of Decemb'- at 2/ 6
^'W . . . '. . . '' . . 4,, 6,, 4
Sarah_Rice from the 31ft of May to the 2<i of '
Decemb": 27 Weeks 4 Dayes ait 2/ 6 . . 3 ,, 8 , 10
Thomas ffkrrar 28 Weeks 2 Daves from the
IS'-a of May to the 2ci Decernbr'at 2/ 6 . 3 , 10 8
AVilliam Dutton from the 5t!> of July to the
17lh Decenil)'! 23 Weeks4 Days . . , 2„18„10
Abigail Soames 32 Weeks one Day from the
23^1 May to the 3ti of Jan"-/ at 2/ 6 . . 4,, -,, 4
Sarah Murrel from the 2'iMay to the 3<i of
Jarfy 35 Weeks one Day at 2/ 6 . . . 4 , 7 ,, 10
23 12 10
To Keeping
Mary a Neirro Woman 33 Weeks 5 Davs from
the 12li of May 1692 to the 3" of Jan^}- fol-
lowing at 2/ 6 P Weeke . . ,' . 4,, 4,
John Morgan from the 3l£^ of Jano' to the 8'"
of Febi: 9 Dayes 3sA ffees 5sA . . . ^, _^, 8,
46 11 -
4 12 2
To mending the Stone Goale where ffleetwood & black Tom
broke out _ 10 -
To Keeping Sundry ffrench & Indian Prisonr: Viz' /
One Indian Boy dd ^ ord^ to Capt Richard
Short being one of the fifteene prisoners
brought from the Eastward Comitted the 24
Auffust 1692 cSc dd the 7;!l Sep« following is
14Dayes at2/6 P Weeke . . . . ,;-,/ o„ -
One Indian Girle dd To S^ Robinson one of
the 15 Comitted Ditto Diem & dd the 12tii
of Sep' is 19 Daves at 2/ 6 l^ Weeke . . „ -,, 6,, 8
Francis Lateril frenchman from the i'-h of
ffely-' 1692/3 to the 16H? Do 12 Davs at 2/ 6
■t> Week dd 1) ord>- to M>- Math Gary . „-„ 4,, 2
John Brittnone from D" 4*1} Feb^' to y« ll'." of
March 5 Weeks at 2/ 6 t> W dd V ord'r to
Cap' Smithson ' . „-,, 12„ 6
Peter Alber & James Lafavorv from Di4"' of
Febrv to Di ll'h March 5 "Weeks at 2/ 6
each t* Week dd V order to MiMathew
Gary ,/l«05« -
632
Province Laws {Resolves etc.). — 1700-1. [Chaps. 1, 4.]
]692
1693
1689/90
Mar: 1°-
of
>
'■ The Countrey or Province of y Massathusets
Cockerandus an Indian one of the l.J prison",
from the 24* of Aus" 1R9-' to the
March foil? 29, Weeks 3 Daves at
W dd P or'd'- to Mi Math: Gary .
Charles S' Oben & Charles Lafloure_& their
familv's being 10 of the 15 prison" from
Di 24^^ of Ang4- 8 Weekes each 2/ 6 P A\' .
D^
ll'i'
2/B
3,. 11„ -
10„ -,
To Keeping Cap' RichsL Short from the 4li of Jan'
Weeks at 8/ V> Weeke
1692/3 three
To 20 Cord of Wood Expended on Sundrv Psons Committed
for Witchcraft in tlie Winter 1G92 .
To Keeping Elizal)eth Emerson from the 3'i of May IfiOl the
time of her Commitm' unto May the 2J 1693 being 104 Weeks
at 2/ 6 P Weelce
To Ditto of Grace a Negro Woman from Jan!7 13^} 1692 unto
D° May y-" 2'1 1693 is 15 Weeks 4 Days at 2/ 6
To Keeping
Mary Watkins from the 5^' of Decemb'' 16^)2
to" to* the 2d of May following being 21
Weeks at 2/ 6 ,, 2 „ 12 „ 6
Susannah Davis from the 2S? of Jan^ 92/3 to
D°2dof May foUi is 14 Weeks at2/6 . y, 1;/15„ -
Timothy Batt from the 8'> of Fell'.- 92Ai^ to D"
2d of May is 12 Weeks at 2/ 6 ' . . . ,,1 „ 10 „ -
16 4 4
1 4 -
13 - -
1 18 10
To Bedding Blankets & Clothes for Sundry poore Prison[£ Com-
mitted for Witchcraft Ijy Order of the Governm' .
To mv Sallerv for one Yeare & Tenn months from the 27- of
Jmie 1691 unto May the 2d 1693 — ' .
5 17 6
16 - -
36 13 4
Pr Cont:I
By' W^ Coward Releasment P
ordr" of Gen" Court
By Richard Griffith D»
By George Mathews fine P y^
Treasurers Order .
By half a Yeares Sallery passed
in a former Acco'.' given iu to
the Secretary . " .
Carried to folio 5 .
£415 13 10.
13 6 8
13. 6 8
20 - -
£48 13
48 13 4
1689/90
4t
Brought from page 7 for Continuance C^
By Jno Saterden releasm' P ord'' of ye Geny
Court
Bv William Dun Ditto
By Peleg H_eath Ditto
By Cash reed
By Bills of Credit ....
Brought from page 17 for Continuance of
By Bills of_Credit 31-16-6 & 40-16-6
By Cash rec? of M^ Taylor Treasurer
—Ibid., p. 613.
For the report of the committee and the action of the General Court upon the foregoing
account, see resolves, 1700-1, chapter 40, and note.
Jan:13«' 91
Oct: 19 92.
13 6
8
13 6
8
13 6
8
40 -
~"
Cl 128 13
K
. 072 13
0
. 120 -
-.'
1700-1.
Chap. 1. This chapter is from council records, vol. YII., p.
found in the archives.
"1. It has not been
Chap. 4. This chapter is from council records, vol. YII., p. 82. It is preserved in
archives, vol. 70, p. 472.
The following is the petition mentioned in this chapter : —
"The Humble Address of Thophilus Farrlngton of Lynn To The Honourable Generall
Assembly of The province of the Massachusetts Bay inNew England. May 29'" 1700
Your Humble Petitioner Takes The Boldness to present before your honours his shat-
tered condition That he might obteine The pitty charity And Rele'ife of The Assembly, by
Takeing Into consideration The circurnstances theirof who In An expedition to Nova
Scotia in The Kings service vnder the comand of S' William Phips Generall And vnder
* -Sic.
I This footing was carried forward on three successive pages.
X The sum total of this coIumn'(£128 ISs. Ad.) was carried forward five successive pages.
[Notes.] Province Laws {Resolves etc.). — 1700-1. 633
The conduct of Cap' Daniell King, In An expedition Against The French And Indian
Enemy In The year 1690 Tlio said Farrinlim Had one of his Eyes sLott cleer out of his
Head And part of his Skull Taken Away by The said shott which Hath soo dissabled
him tSc disadvantaged hini, that ho And his family Are vnder suffering vncorafortablo
circumstances to this Day, himselfe excercised at Times with very sore paines In his head.
And The euro of The wound not yet soe compleated But That splinters of The skull Bone
Doo yet Ate Times Issue out which proves very Irksome & Tedious : your Humble peti-
tioner Gratefully Acknowledgeth what lleleit'e hath Been AUready Granted, But It not
Being sufhtient to pay for The cure. And Being constreined to expend of his own estate
for the effecting of the same Theirforo presents his Necessitous condition to This Honour-
able Assembly In order to The Obteining farther Releife.
Theophilus Farrington." — Mass.
Archives, vol. 10, p. 472.
With this petition Farrington filed the following certificate : —
" Salem the 27':*' Novemb.f 1G99.
These May Sertifie That Theophilus Farington of The Towne of Linn Served as a
Serge [ant under*] my Comand in an Expedition To Nova Scotia [or*] Le accada against
The French and Indian Enemie in The year 1690/ in w';h Expedition, he had one of his
Eyes shott out of his head with part of his Skull Taken away by said shott/.
Daniel King Cap'". — Ibid, p. 474.
The petition was read, first, in the House, May 31, 1700, and referred to the committee
on petitions who reported as follows : —
"In answer to y Petition of Theophilus ffarrington within mentioned. It is the opinion
of the Comitte that there should be paid out of y" Publick Treasury of the Province Seuen
pounds money to y Said Petition'' Towards his further releife and payment for his Cure."
— J bid., p. 473.
This report was read and "passed" in the House on the fourth of June and on the
seventh it was concurred in by the Council. From a memorandum of these votes written
upon the petition the Secretary constructed the present chapter.
The order in Councilf for the payment of this allowance was passed July 16, 1700.
Chap. 6. This chapter is from council records, vol. VII., p. 84. It is preserved in
archives, vol. 113, p. 240.
The following is the petition referred to in this chapter : —
"To his Excellency Rich'J Earle of Bellomont Cap" Gen" and Govern'' in Cheife of his
Maj'i£3 Province of the Massachusetts Bay, with the Hon' Councill and Representatives
thereof now Assembled in General! Court att Boston •
The Petition of the Inhabitants of the Towne of Wrentham
Humbly Sheweth
That in the yeare 169G The s'' Towne of Wrentham was assessed Twenty pounds as their
proportion of and in a Tax then Granted to his Maj'j" by the Genr" Court of this Province,
■yych Twenty pounds still remaines unpayd. That the said Towne by reason of the late
warr and other distressing providences of God attending y m have been and still are Labour-
ing und' many difficultyes w"' have brought y"' very Low in so much as they are not able
to pay the same, besides y« loss which their minisf lately Sustained by fire hath added
thereto by their Endeavours in assisting him to repaire his Loss —
Yo'' Petition''* doe therefore humbly Pray that this high and hon'^'" Court will please to
Consider y premisses, by remitting unto y^ sd Towne the said Twenty Pounds.
And yo'' Petition''^ as in duty bound Shall ever pray &c
Jno Ware ") Select men of sd Towne
Eleazb Metcalf \ in behalf of y^ Inhabi-
Jonathan Wight j tants yof." — Mass.
Archives, vol. 113, p. 240.
The date of the reception of this petition does not appear, but it was referred to the com-
mittee on petitions who reported as follows : —
" In answer to y Petition of y Town of Wrentham It is the opinion of y CoiTiittee,
Considering the Extream poverty of the place, as also y late loss of theire ministers
house bv fire which they are now actually with great difficulty rebuilding. That there
be abated them Twelue pounds of y^ within mentioned Twenty pounds prayed for y«
abatement of." — Ibid.
The petition was read, first, in the House, on the sixtli of June and a second time on the
seventh, when the vote thereon mentioned in this chapter wa^ passed and concurred in by
the Council.
The order in Council| for the payment of this allowance was passed July 16, 1700.
Chap. 8. This chapter is from council records, vol. VII., p. 86. It is preserved in
archives, vol. 70, p. 429.
The following is the petition mentioned in this chapter : —
" To his Excellency : Richard Earl of Bellomont : CaptT Gen'U
& GovTi'' in Chief &c:— And to ye Honorable Councel. — And
Representatives of his Majesty province of yo Mattathusets Bay
in New Engld In gen''" Assembly convened.
The humble Address & request of y subscriber is. That yo"" Excellency & Hon" would
vouchsafe so farr to open a favourable & charitable eye & hand, upon & toward my weak
* Manuscript mutilated
t Executive Records of the Council, vol. 3, p. 136.
t Ibid., p. 137.
634 Province Laws {Resolves etc.). — 1700-1, [Chap. 11.]
& low condition of person & purse by reason of v« preraisees : As to grant unto me out of
y« province treasury what supply of mony y'"' wisdom may Judpe meet toward paying
for my cure whicli amonnteth to y suram of twelve pounds mony : beside my loss of
time. Thus craving y"'' pardon I subscribe my self S'«
Almsbury March : 1?' Y"'' Humble Servt & petition?""
^»» Dom'; [1699-] 1700 John Harvey."— Mass.
Archives, vol. 10, p. 428.
With his petition Harvey filed the following certificate by Doctor Bradstreet : —
" These may signify to whome It may concern that John Haruy of Amsbury waa
woundid the foi-mor war with 4 bad wounds one In his back one In his thigh 2 in his
Leeg which ware uery Large wounds of Long continuance and from thence a debilitation
of those parts which Renders them subject to Receiue a conflux of Humors and Imposthu-
mation which hapned to the sd Haruv the Laste j'ere Large and with desparate symptoms
complicated with a strong feauour In so mucli that we did not exspect his Life who con-
tinued under my care and Administration 4 months with great dificalty I parfected a cure
1699/700 January 30 Humphrey Bradstreet " Chyr" ." — Ibid.
This petition appears to have been presented to the General Court at the second session
of the previous year. It was read first in the House March 14, 1699-1700, and was prob-
ably then referred to a committee.
In the first session of this year the subject-matter of the petition came up for considera-
tion in the House upon the following report of the committee : —
" In answer to y" Petition within mentioned, notwithstanding the antiquity of the wound
and the service in which it was sustained, yet Considering that the Petition' hath not
receiued any smart money, and his wound the last year past broke out afresh to j" great
hazard of his life, and to liis great cost for y« obtaining of so much of a Cure as is attained,
as also his loss of time to gether with y« great paines and afflictions by him therefrom
undergone —
It is the opinion of the Committe, That there should be paid to y" petition'' The suin of
Twelue pounds out of the Publick Treasury for his said Petition'^^ releife, and full satisfac-
tion for his Cure." — Ibid., p. 429.
On the sixth of June this report passed in the House and was sent to the Council, where
on the tenth it was concurreil in.
The order in Council* for the payment of this allowance was passed July 16, 1700.
Chap. 11. This chapter is from council records, vol. VII., p. 89. It is preserved in
archives, vol. 70, p 409.
* The petition upon which this chapter was founded is as follows : —
" To His Excellency the R' hon'^'e Rich'' Earle of Ballomont Cap" Gen-"" & Governour
in cheife of his Majt'£.s Province of the Massachusetts Bay &c, the honr^i Council & repre-
sentatives, now assembled in Gen'" Court convened att Boston
The Petition of Sainuell Austin formerly of Wells Innhold'' butt now of Charlestowne —
Humbly Sheweth
That yo' Petition'' in the first AVarr with y Indians' in the Easterne parts (now more
then Twenty yeares since) had Quartered upon him many Sould'^, and Expended a very
Consideraliie part of his then Estate in makeing provision for their Entertainem', to y"
value of Eighty pounds as by his owne, and the then Committee of Wells Generall
accompts herewith presented may appeare, for which he never rec^ one penny towards
satisfaction from the puljlick, besides w^i' by reason of y" Late-warr was driven away
from his house and home to Charlestowne, where with his wife he hath continued for
some time, who are now growne very aged, past their Labour and reduced to a very meane
Low and necessitous condition haveing not \vherewithall to affbrd them a subsistence.
Yo'' Poore petition"' Doth therefore humbly entreate that this high and hon'^''^^ Court will
please to take y« premisses into Consideracon, soe as to make such compensation to him
towards the reimburseing him his afores'* disbursem'^ and Support of himself and wife as
to this honrd Court shall seeme meete
And Yo'' Petition'' as in duty bound shall pray ScC." — Mass. Archives,
vol. 70, p. 400.
With this petition Austin filed the following certificate by the committee for war for the
town of Wells in 1677 : —
" Common Arrers ffor Souldiers Charges of the Late warre Granted and allowed by
the Comitte of Millitia of wells from the first Begininge of the Late Indian warre vnto
the first September 1677
To John wells .
To William Sarpyeare
To m'' William Simonds .
Ensigne John Barratt .
To m'" John Busse
To Joseph & Beniamine Storrer :
To John Clovce
To Abraham^ Tilton .
To William Ashley .
To merebate Litlefield
To Robart Wacum .
"To Joseph Crosse
£ 07:18:07
£ : 12 : 08 : 00
£: 26: 12: 11
£ : 01 : 03 : 00
£ : 19 : 17 : 06
£ : 44 : 07 : 06
£ : -24 : 05 : 01
£:07:
£ : 09 : 05 : 10
£ ; 38 : 05 : 00
£ : 03 : 09 : 02
£: 33: 01: 07
To William Hamonds for himselfe & Ja: Gough Estate . . . £: 15: 07: 06
To Jonathan Hamonds £ : 01 : 03 : 03
* Executive Records of the Council, vol. 3, p. 137.
[Notes.] Province Laws {Resolves etc.). — 1700-1. 635
To ffranois Litlefiekl £ : 62 : Or, : 01
To Leif Juliii Litlclickl £ : .'m : 10 : Oi
M'- Siuiuiell wlioehvright £:l.H:04:ll
SaiTuicll Aiistiiie £ : 83 : 10 ; 02
M'- Josepli Bowles £ : 90 : 00 : 04
ToNatt: Clovce £ : 16 : 03 : 10
ni' Ezckell Kiiifibt . £: 05:13:04
James Oare h llenry Browne £ : 0') ; 07 : 05
Thomas Dowty £ : 03 : 02 : 06
Ezekcll Knight Junio>- £: 01: 13: 03
Roger Gill )ur(l £ : 02 : 15 : 00
Emanuell Dauis £ ; 08 : 04 : 00
Thomas Litlefield £ : 13 : 03 : 00
Samiiell Storrer £
Thomas Bastor £: 01: 01: 05
Jeremiah Storrer £ : U) : 00 : 00
ffraneis Backhouse £ : 08 : 05 : 00
Thomas Couzins £ : 02 : 00 : 00
Goodv tfarow . . . . £ : 04 : 13 : 00
Israeli Hardin £ : 10 : 08 : 07
To George Pearson £ : 04 : 05 : 07^
To Peter Cloyce £ : 07 : 04 : 08
To John Barrat £ : 10 : 02 : 02
To Abraham Collins £ : 08 : 05 : 00
To Goodv Mountigue £ : 06 : 07 : 00
To peter Busse £: 03: 07: 06
To Nath Masters £ : 05 : 06 : 08
To John Uriscoe £ : 00 . 05 : 00
Elisha Hoo])er £ : 00 : 12 : 06
John Eldridge £ : 03 : 12 : 00
Abraham Tillton 4:7:8
Edmun Littelfld : 3« : 0' : O-i 719: 4: 2
Totall Sum is 7 19« = 4" = 2^^
Sam'.-^ Whelwright:
William Sy.monds
John Littlefield."
— Ibid., p. 410.
The foregoing petition and account appear to have been presented to the Asseml)ly at
the first session in 1099, when the House voted him an allowance of fifteen pounds, which
vote, though signed by the Speaker on the sixteenth of June, does not appear to have
been concurred in by the Council.
Upon the revival of the petition, this year, the vote u-hich constitutes this chapter was
passed by the House on the fourth of June, and concurred in by the (.'ouncil on the twelfth.
The order in Council* for the payment of this allowance was passed July 11, 1700.
Chap. 14. This chapter is from council records, vol. VII , p. 92. It is preserved in
archives, vol. 121, p. 102.
The resolve which constitutes this chapter was passed to change the apportionment of
the expense of repairing this bridge, as fixed bj' the act to which it is printed as a
note.
This resolve originated in the Council, where it was passed on the eleventh of June, 1700.
It was concurred in by the House on the thirteenth. B}^ its passage the expense of future
repairs of the great bridge over Charles lliver was to I)e borne equally by the town of
Caml>ridge and the county of Middlesex, — the actf passed on the eigliteenth of July, 1699,
having i)ut the Inirden of these repairs upon the towns of Cambridge and Newton, — the
former to pay two-thirds, and the latter one-third thereof. See I'esolves, 1694-5, chapter 3,
and 1695-6, chapter 15, and notes.
Chap. lo. This chapter is from council records, vol. VII., p. 93. It has not been
found in the archives. See chapters 43 and 52, post.
This address, which Quincy, in his History of Harvard University, J states "did not
receive the concxirrence of the House of Representatives," was certainly adopted by both
Ijranches and reached the Lords Commissioners for Trade and Plantations before the
thirtieth of October, when they wrote to Bellomont a letter from which the following is au
extract : —
" The Address of the General Assembly of the Massachusets Bay to his Majesty, received
with the first of those Letters, shall be laid before his Mafy, with a Representation which
We intend to prepare on the same matters. What has hindred us hitherto from doing it,
is the want of a Draught of the Charter for Harvard CoUedge, and such other informa-
tions, as We expected to receive from Sf Henry Ashurst, in pursuance of the Directions
which your Lordshij) writes you had given him on that Suliject : We have writ to S.r Henry
Ashurst about it some while since, Init have yet received no answer . . . ." — Mass.
Archives, vol. 20, p. S4.
The failure of the charter of 1699, by the refusal of Bellomont to consent to it for the
reasons heretofore stated, was a disappointment which the Governor sincerely desired to
* Executive Records of the Council, vol. 3, p. 132.
t Province Laws, 1699-1700, chapter 11,
X Vol. I., p. 105.
636 Province Laws (^Resolves etc.). — 1700-1. [Chaps. 18, 22.]
retrieve by procuring from the crown a charter which would prove not unacceptable to
the clergy of Massachusetts. In his opening speech this year, therefore, he expressed the
opinion'that " the settlement of the college will best be obtained . . . by addressing the
king for his royal charter of privileges."
On the fourth of June the Council, in accordance witli this recommendation by the
Governor, passed the following resolve : —
"In Council. ■io^JuniJ. 1700./.
Resolved That his Majesty be humbly Addressed by this Court with reference to the
Encroachments & claim of the French to part of this his Majtit-s rrovince and Territoryf
and right of Fisher.v upon the Coast of Accadie or Nova Scotia And that there may be a
Settlement & adjustmt of the boundar.ys betwixt this his Maj'iis Province and the French
Territor}-, to prevent future troubles ; and the right and priviledge of the English to the
Fishery to be asserted.
Aiid y' Elisha Cooke Elisha Hutchinson & Sam^i Sewall Esq";* with the Secretary be a
Comittee to J03'ne wtj> a Committee of the House of Representatives (if they thinke fit to
name any) to prepare the draught of an Address accordingly'. " — Ibid., vol. 3, p. 394.
This resolve was immediately sent down to the House, for concurrence, which was
effected on the same day, and the following resolve was passed in addition thereto : —
"And Resolved That Sani'l Donnell Thomas Hjnckley Esq";" Mf Samll Sprague,
Capl John Brown, and Capt John Burrill be a Comittee to join with the Comittee of the
Councill abovewritten." — Ibid.
After this action of the House had been communicated to the Council, the following
proceedings took place : —
"June 11, 1700. Resolved by the Board That Application I)e made x:nto his Majesty
by way of Address for the Settlement of the Coiledge, and be inserted in the Same
Address Agreed to be made about the encroachments of the French, and that the Com-
mittee l)e instructed Accordingly, And Ordered, That the Secretary Acquaint the Repre-
sentatives therewith to have their Concurrance
The Secretary having Acquainted the Representatives with the above written Resolv3
of the Board, a Message was Afterwards Sent up Irom that House that they agreed to
the Same." — Council Records, vol. VII., j)- 87.
By the thirteenth, the draught of an address had been prepared, reported by the com-
mittee to the Council, " read, and left to further consideration," and on the fourteenth it
was concurred in by the House, as shown by this chapter.
Chap. 18. This chapter is from council records, vol. VII., p. 93. It has not been
found in the archives.
Chap. 22. This chapter is from council records, vol. VII., p. 99. It is preserved in
archives, vol. 11, p. 147.
The petition mentioned in this chapter is as follows : —
" To his Excellency Rich'' Earle of Bellomont Cap" Gen''" and Comand'' in Cheife of his
Maj'iji^ Province of the Massachusetts Bay in New England & to the Hon"" Council and
representatives thereof now assembled in Gen'"' Court held att Boston
The Petition of Samuell Donell representative for and in behalf of the Towne of Yorke.
Huml)ly Sheweth
That the Inhabitants of said Towne by reason of the late Disstressing Warr have been
brought very low, and are still conflicting witli many difficultyes, yett never the Less by
the help of y<' Lord, they have obtained a minister among them to carry on the publick
AVorship of" God (namely m'' Samuell Moody a worthy Young man) for whome they have
been att a considerable charge in Building an house for the accomodation of himself and
family, and not l)eing able for the present to afford him such suteable maintenance a« the
circumstances of his Condic5n Calls for (y« s^ Towne being only able to aford him thirty
pounds for ye present years salery)
Yo'' Petition'' in behalf of sd Towne doth therefore humbly entreat this high and hon'''«
Court, to consider the premisses, by being pleased to ord'" unto their sd minister, out of y®
Publick Treasury such farther supply, as in yo"' wisdom shall seeme meete.
And yo'' Petition'' as in duty bound shall pray &c
S.VMUELL Donnell." — Mass.
Archives, vol. 11, }J. 146.
This petition was read, first, in the House, on the sixth of June when it was referred to
the committee on petitions who reported as follows : —
"In answer to y" Petition within mentioned. — It is the opinion of y Comittee, That
there* paid out of'v" Pul)lick Treasury Ten pounds for y* help of y s'' Town of Yorke,
for and towards the support of the ministry of said Town for y^ year ensueing." — Ibid.,
p. 147.
Upon this report the following memoranda were made, from which the Secretary con-
structed the present chapter : —
" House of Representatives June 14. 1700 Read and Pass'd
sent up for Concurrence John Leverett Speaker
In Council, June 17''' 1700. ^_^
Read and past a Concurrance Isa Addington Secry. —Ibid.
The order in Councilf for the payment of this allowance was passed May 30, 1701.
• file.
t Executive Records of the Council, vol. 3, p. 208.
[Notes.] Pkovinge Laws {Resolves etc.). — 1700-1. 637
The following item appears in the province treasurer's account from May 27, 1702, to
May 26, 1703 : —
" Paid M£ Samuel Moodey minister at York being a frontier towards his
support allowed by y" Court 10 „ — „ — .**
^JbicL, vol. 122, p. 167.
Chap. 23. This chapter is from council records, vol. VII., p. 99. It is preserved In
archives, vol. 121, p. 101.
The representation mentioned in this chapter was as follows : —
" To his Excell Richard Earlo of Bellomont Cap' Gen" & Govern"" in & over his Maj''»
Province of v« Massachs"' Bay & to the Hono^^ie Counsel! & Rep'^sentaives in Gen" Coi'te
Assembled this 29 May 1700
Wee the Subscribers being verry senceable of the inconveniencys that may happen in as
much as the stated Rhode to Conitticot Especially Betwixt VVooster & Brookfeild is verry
much incumbered with Trees ffallen & many Rocky swamps & other impassable obstruc-
tions to Travellers drovers & others & Ilazzerding life or Limb of both men & Horses &
other Creatures to great Losses & damages Humbly propose That there bee a Suteable
allowances Granted to repaire & amend sd Rhode at Least to the Sum of pounds out
of j° Publique Treasurie of this Province which we Humbly Leave to consideration &
Subscribe yo'- Hono's Humble Serv's jojj^ Pynchon
Samll Partiugg
John Clarke
Isaac Phelps
Daniell Marsh." — Mass.
Archives, vol. 121, p. 101.
The vote which is incorporated in this chapter was passed in the House on the thirteenth
of June and concurred in by the Council on the seventeenth.
The order in Council* for the payment of this allowance was passed August 1, 1700.
Chap. 26. This chapter is from council records, vol. VII., p. 103. It has not been
found in the archives.
The foUowmg is the petition referred to in this chapter : —
" To his Ex<=y Richard Earl of Bellomont Captain General and Governour in chief in &
over his Maj'-^s Province of the Massachusetts Bay in New England and to the Hon'\ie
Council and Representatives of the s^ Province convened in General Assembly May
29* 1700
The Petition of Samuel Gill of Salisbury —
Humbly Sheweth
That about three yeares since your Petitioners son named Samuel Gill was taken Cap-
tive by the Indians and carried Captive to Canada, where he hath ever since remained in
the hands of y^ Indians
And that, besides your Petitioners son before named there are several other English
Captives at Canada afores^ in the hands of the French and Indians, which Captives were
taken in the Towns of Haverhill, Aimsbury & other places within the Province aboves*!
and all or most of them are destitute of Father, Mother or other Friends able to procure
their redemption whereby they are likely to be kept forever from their Native Countrey
& Friends, and to be deprived of the means of being instructed in the true Protestaiit
Religion
Wherefore your Petitioner as well in behalfe of his s<i son as of all others that are Cap-
tives with the French or Indians humbly prayes this Honbje Court to take the premisses
into Consideration, and to take such measures and grant such assistance as may be
effectual for the obtaining the liberty & redemption of all such Captives as afores^/
And your Peti shall ever pray &c.
Samvel Gill." — Mass.
Archives, vol. 70, p. 469.
This petition was read, first, in the House, on the sixth of June. It was probably com-
mitted, reported upon, and passed, in the usual course, but owing to the loss of the House
Journals the only record left of subsequent legislative action is that of the vote of concur-
rence by the Council, on the twentieth.
Among the English captives whose redemption was asked for under this chapter are
those who are mentioned in the following petition and list of names, remaining in the
archives, which undoubtedly were communicated to the commissioners who treated with
the Indians at Casco Bay in June, 1701 : —
<'hauerhill datt; Apriell the 17. 1701
to the Right honourabl the leftant gouerner And councel of the mattachucits bay in new
England
the humble petition of the subcriber to youer honouers is that wheras it hath pleased
youer honouers to pase an act for the Redeeming of poor captiues or to Recouer them from
the hand of french or Indins
we would bedg youer honouers to put the s<i act in execution as speedly as may be : we
haue sent by the barer heerof an account of our captiues : : And if your honouers shall
comply herin it will uery much oblidg your humble pettitioners —
ONESEPHERUS MASH
Stephen Dow
Sarah haines widow
Abraham whitticer." — Ibid.,
p. 523.
• Executive Records of the Council, vol. 3, p. 144.
()38 PnoviscE LiAWS {Besolves etc.). — 1700-1. [Chap. 28.]
" hauerhill datt : ApriellZ: 1701 —
the names of the captiues that were taken by the indins from hauerhill : with the time
of their being taken : and agge when taken of such as ar yet wanting :
daniel bradly taken maVch : 15 : 1697 : agged seuen yeers —
Jonathan : and Joseph hains taken August 15 1696 : Jonathan agged twelue and Joseph
seuen yer
Abigail Kimball taken march 15 : 1697 agged eight yers
Abraham whitticer taken August : 1697 agged 8 or nine yeres
philip Cod taken march 15 : 1697 : agged about six yeres." — Ibid., p. 522.
Chap. 28. This chapter is from council records, vol. VII., p. 107. It is preserved in
archives, vol. 70, p. 462.
John Baker, for whose relief this vote was passed, seems to have applied first by peti-
tion as early as May, 1699, to Belloniont \\\x&\\ the latter was at Reholjoth on his way
to Rhode Island. To make sure that his application was regular, or, if not, to have it
corrected, Baker addi-essed the following letter to Major James Converse : —
"May the 29 1699
Mager conuis my kind Loue to you with my wife hoping to god that you are in good
helth Thee case of my writing is to you to know of you what what* Im to due my
brother John poUey hath sent mee a Letter but I saw it liot but I due understang that it
is to git the men sworn that was out with mee in the semis when I was wounded by the
ingins at the swamp fite mager conuis sur if I may be so bould as to request so much at
youer hands if it must be that these men must be sworn by a magerstrat ; willlam pearce
John kindel John cutler zacraiah Snow Elias totmon John policy I would intreat you for
to due mee that kindnes if you can if not I pray you for to git brother John policy
for to due it for me ther is a riting that I Sent down by my wife which came from llode
Hand to you if it is not done as it should be pray send it op to mee that it may bee recti-
fyed as you may send us word I would a come dow myselfe bub my arme hath rone this
yeare aiid I can not git no ciu-e for it & there for I am lame and weake and cant come
So I rest youer frend to command
JOH BAKER
This for Mager conuis Lining in Oborn deliuer it with care I pray." — Mass. Archives,
vol. 70, p. 463.
Probably under the advice of uonverse to reenforce this application and to corroborate
his own declarations therein, he wrote again to Converse enclosing certificates of two
physicians to lie used before the General Court in the second session of 1699, as follows : —
«* To the Noble hardy and Well bcloued Majer James Convers :
S' as I haue made bold with you time past to acte and doe for me, as conserning my
wound, which haue bene greuious painefull and chargable to me : these are to informe
you how it hath bene with me of Late, I presented a petion to his Lordship at rehoboth :
when he went to the Island and he gaue it to m'' Isaac adington : and charged him to
Keep it : and ordred me to com down to boston to him : which accordingly I did : but his
Lordship was so bad with the gout that I could not come to spake with him : which Jur-
ney was greatly to ray Damige in respect of my wound : which is the reason that I cannot
com Down now : but haue bene vnder the chirurgious hands euer sence Last September
and bailing som hoops of a cure : S'' these are to request yt fauiour of you that you
would shew my condition to the great and generall Court theare assembled at boston now
This march : hoping that you will haue compassion on me in my pore Low condition :
the chirurgion hathe sent an accoumpt vndef his hand ; so crauing your assistance I rest
your humble seruant in what I may
Swanzey this 6 day of march 1699/700 John Baker." — Ibid.,
p. 464.
" This may certifei y' 3 years agoe I cured the arme of John Baker now in Swanzey
which now is badd againe and a very great sore hauing 3 holes w<^^i' is constantly running
and very vncaple of labor an questional)le whether he can be his own man any more
Swanzey y^ 7"" of March 1699 or too Thomas Estabrooke." — /6i^.,
p. 463.
" Svvansey the 7th of march 1699/700
These may sertifie any whome it may Concern that I toock Joh Bakers Arm in hand
abute the 27th day of September Last which said bakers was wounded in swamp fight at
naraganset and His Arm when I toock it to Cure at the time Aforesaid was Hollow from
the shoulder to the Elboe the Boane tYonl the arm had five holes in it aboue and vnder his
Armjiit Alwayes runing now it is Almost fild vp with flesh and there are now but three
holes in it and I am in soni hopes that I shall heal it vp But Question whether ever hee
will Bee A sound man any more no more But rest j'ours to serve in what I am Able
Edward Pratt Chururgion." — Ibid., p. 466.
These efforts having proved fruitless be presented to the next General Court the follow-
ing petition mentioned in this chapter : —
"To his Exilencey Richard Earle of Belamont, Cap"? Gen", Govf in Chiefe in and over
his Maj.'s provinces of the Massatusets Bay New York, New Harasheir: &.c:
The ilou'e Councill, and hous of Representatiues, ascmbled in Genji Court, Boston
May ye 29tii 1700, — in ye twelfth Yeare of his Maj's Reigue,
The petetion of John Baker of Swanzey in the County of Bristol in ye province of the
Massatusets Bay,
' Humbley'Sheweth,
That Your petetion r was borne at Cambridge, and brought vp at Woobourne, whero I
lined till I was A man, and in the former warr with ye Indians I was Impressed into y?
County service against s'l Indians, I was sorely Wounded in A fight at Naraganset at
» Sic.
[Notes.] Province Laws {Resolves etc.). — 1700-1. (339
yo fort, ray armo being broak l)y a sliott, and y; sbott went thro^ p' of my body below
my sbolder, I was sent to lluad Island, to y« doctors, when I was Able, my fatLi(^r fetched
me Ilom, gott so much of A cure as I learned y" trade of A weauer, wrouglil liard, earned
money, bought a bitt of land, built a small hous, — but now and then my arme would
break out, — I sold what I had at Woobourno it llemoued to Swanzey, from whenc I was
lmpress<i againe l)y Cap".' Browne, now in this late warr with y« Indians, Eastw<i being
late in yp yeare and Cold, I got cold in my old wound, it swell'! cxseedingly, I vnderwent
more paine then at first, It broak out with many Iioles thro^ my arme, I haue Iwen vnder
ye hand of sevei'all doctors, and am got much into their debts, severall holes thro) my
arme to this day, never like to bo my own man, & I haue spent all I haue in yc world,
my father dead, my mother a poore widow, I iiaue nothing to help my selfe withall, I
never had anything of the Contrey but hue pounds towards paying yv doctor &c while I
vfas at Road Island, they would allow no more l)ecause my father fetched me away before
I was well, — and now I lye lyal)lo to bo thrown into Goal by y? doctors. &c
My prayer to Your Exelencoy and this high and llon'.c Court, is, yt you would pleas to
take order yt my docters (whose acc.'^ are in Court) may be pay4 out of the publick
tresurcy of this province, and A small pention iVUowed me Annualy, I being disabled to
work at my trade, and haue a great famaly to maintaine, and many skilful! do think this
wound will homy death at last, — and what I pray for is uot like to continue long, — so
hopoing for A mercifull answer, I shall wright no more at present, but as in duty bound
continue to pray &?. johx Baker." -76tV/.,
p. 461.
To aid Baker in this last application Converse addressed the following letters to his
Excellency and to Mr. Speaker Leverett : —
"To his Exilencey, Richard Earlo of Belamont, Capti Gen^ Govf in Chiefe in and over
liis Maj's provinces of the Massatusets Bay New-York, New-Hamp'shiere &.c:
May it pleas Your Exelencey,
This bearer, viz : John Baker is a poore Wounded soldier, he hath spent all he hath. Is
thought, not to be worth A Groat, by Reason of his Wound y.' he RecJ in his Maj'.^ ser-
vice, he preferred A petetion to Your L^ship at Rehoboth, aboue a Year a gon, which was
-delivered to Mj Secretory Addington, with Your L'^ships promis yt som thing should be
done for him, but ye poore man was so bad of his \Vound he was not able to wait at
■Court & so nothing is yet done for him, som of his papers are Lodged with ye Clerk of
ye Honl£ hous of llepresentatiues, his petetion setts forth his Case in part, I shall ther-
fore Omitt ye Repetetion thereof,
ye subscriber Humbley prays in ye behalfo of this poor man j^ Your L^Jship would be
pleased to Coiiiand, yt his papers be looked vp, and considered in ordj to his Reliefe
My Lord, I am Your Exilenceys
very Humble Servt
Woobourno, June (l?"") (1700) ' Jams Converse." — 76tc?.,
p. 468.
" Wooboume, June 17* IIOO
Mf Speaker
Honni Sf I cannot get off from ye Old theam, Hear is A poar Wounded Soldier, who
had A trade & hous and land, and wherewith to liue Comfortabley but hath spent all,
and more, by Reason of A Wound he Reel in his Majt.^ service, he proiforrd A potefn to
his Exiloncy ye Govf for Reliefe, which Is lodged with ye secritory, I beseech Your
Honf take A little care for yp pore man, I Know you loue a soldier too well to see him
Wronged, whore it is in Your power to help. If Your selfe or any, desire to speak with
uio, aljout yp Matter, I will wait vpon You on thirsday next,
I would not trouble Your Hour with needless lines, but am yours and the houses humljlo
Seryt,— ■ ■ Jams Converse." — 76?<£.,
p. 467.
These appeals had the desired effect. On the twentieth the petition was read in the
House and committed, and on the next day the committee reported as follows : —
" In answer to y Petition within mentioned. It is y^^ opinion of the Coiuitte, that there
be paid to y« petition'" for his p'sont Reloifo Ten pounds out of the Treasury of the Prov-
ince and for y future a pension of four pounds p'' annum. Till this Court Shall see Cause
to order otherwise." — Ibid., p. 462.
On the twenty-first the recommendations of the committee wore adopted bj' the House
and the Council concurred therein on the twenty-second.
The order in Council* for the payment of this allowance was passed July 16, 1700; but
owing to the loss of the province treasurer's accounts covering that period no evidence of
the payment of the allowance for present relief has been found. One payment of the
annual pension of four pounds appears in the province treasurer's account^t from May
27, 1702, to May 26, 1703.
Chap. 31. This chapter is from council records, vol. VII., p. 109. It is preserved in
archives, vol. 101, p. 165.
The following is the petition referred to in this chapter: —
" To his Ex^ Richard Earle of Bellomont Captain General and Govornour in chief of
his Matys Province of the Massachusetts Bay &c. and to y Ilonbie the Council and Repre-
sentatives of the said Province convened in General Assemljly June 1699.
The Petition of Margery Williams Relict of Robert Williams late of Boston d§^d
Humbly sheweth"
That the General Court of the late Colony of the Massachusetts held at Boston in
May 1691 ordered the payment of Eight pounds in Countrey pay unto your Pef^ s"! hus-
band Robert Williams for his (then) last years service for the Countrey. Which sd sum
* Executive Records of the Council, vol. 3, p. 136.
t Mass. Archives, vol. 122, p. 166.
640 Province Laws {Resolves etc.). — 1700-1. [Chap. 34.}
or any part thereof bath not been paid to your Petrs s."! husband in his life time nor to
any other person on his behalfe either before his death or since.
Yojar Pef therefore humbly prays yor Excy and this hon^ie Court to give order that thfr
s<l sum of Eight pounds may be paid unto your Petj.
And your Petitioner as in duty bound shall ever pray &c." — Mass. Archives,
vol. 101, p. 164. '
"With her petition the widow filed the following attested copy of the order of the colo-
nial legislature : —
*< Ordered, That m' Treasurer pay Robert Williams Eight pounds in Country pay for
his last year's Service for the Country. —
By Order of the General Court.
Boston. May. 26* 1691-/. Att^ IsiADDiNGTON Secry."— /Sirf.,
p. 166. '
Tliis petition was read a first time, in the House, on the fifteenth of June, and again
on the nineteenth, when it was referred to the committee on petitions who reported as.
follows ; —
" In answer to the Petition within mentioned. It is the opinion of the Comitte that there
be paid to y petitioner six pounds money out of the Publick Treasury of this Province in
full Satisfaction " — Ibid., p. 16S.
Upon this report the following memoranda were made : —
"In the House of Representatives June 21st
Read & Pass'd sent up for Concurrence. John Leverett Speaker
In Council. June. 24«> 1700. Read and past a Concurrance
IsA Addington Secry." — Ibid.
From these memoranda the Secretary constructed the present chapter.
The order in Council* for the payment of this allowance was passed July 16, 1700.
Chap. 34. This chapter is from council records, vol. VII., p. 117. It is preserved in
archives, vol. 11, p. 151.
The Huguenot Congregation in Boston had, from the first, been encouraged and assisted^
not only by private contributions, but by the government. The first application by them
for public aid that has been discovered is the following petition presented to Andros,
October 25, 1687 : —
" To his Exce"cie sr Edmund Andros KnJ Capt" Genery and Governour in Chieff of his
Maj'ifs Territorys and Dominion of New England in America
The humble Petition of the frencli Congregtion humbly Sheweth —
That wee yol. Petitioners being very poor and not well able to maintaine our Minister
and now destitute of any place to tof Pform pulique Service on the Lords Day (and
much desireous of the same) Do humbly Crave that yo^ Excellcje would be pleased to
grant yo'_ petitioners Leave to meet on the Sabbath day'e to exercise our duties in the
Lattin Schoolhouse
And yo"' : Petitionr^ as in Duty bound shall ever pray for yoL Excell<=if3 health and pros-
perity."— Mass. Archives, vol. 11, p. 42.
Upon this petition the following order was passed : —
" Nov. 24, 1687. Liberty is granted to the French Congregation to meete in the Latine
Schoolhouse att Boston as desired." — Executive Records of the Council, vol. 2, p. loo.
In his opening speech to the Assembly this year Governor Bellomont made the follow-
ing recommendation : —
"May 30, 1700. ... I am told, many of Your Ministers in the remote parts of the
province, have very Narrow Stipends, not enough to Maintain them Decently, 'tis reason-
able you should make themeasie. With them I recomend to Your Care the French Minis-
ter of this Town, who is Destitute of a Maintainance, because there are So very few families-
here, Let the present raging persecution of the French protestants in France stir up your
Zeal, and Compassion towards him. I wish for your Sakes the French protestants had
been encouraged among you, they are a good Sort of people, very ingenious, and industri-
ous, and would have been of great use for peopling this Country and enriching it by
trade. . . ." — Council Records, vol. VII., p. 74.
Thus encouraged, the elders of the congregation of Huguenots in Boston presented to
the Legislature the following petition : —
"To his Excel!''! Richard Earl of Bellomont Capt" Genr} & Govern;-Mn chief of his
Majtis? Provinces of the Massachusetts Bay, New-York &c & Vice Admir} of those Seas ;
y? Uonbie Council & worthy Gentlemen of ye Assembly of Representatives now sitting in
Boston
The humble Petition of the french Protestants In Boston —
Yor humble Petitionf^ take leave to signifle to you, that many of their flock being
Jalready gone away, viz'Bernon, Tourtelot, Dj Basset, Mariette & others being about to
leave them, vizt Bernard, Grignon, Bureau, Barbut, Chabot, who contributed much for
ye Subsistance of their minister, ye. few that remain not being capalile of furnishing the
one half that is necessary for his maintenance, they must undergo the unhappyness of
• being deprived of ye consolations of the holy ministry of ye word of God, (whereof the
unheard of cruelty of ye persecutors of ye church had depriv'd them in their own Coun-
trey) unless they may obtain yc christian Assistance; And seing of great K? Willn), w*
all England as also ye Dutch, 'y. Duke of Brandenburg & all other protestant States,
have aiwaies maintained a great multitude of ye French Protestants & their ministers,.
* Executive Records of the Council, vol. 3, p. 136.
t Sic.
[Notes.] Province Laws {Resolves etc). — 1700-1. 641
they Lope that you will likewise shew ye same spirit of holy charity. Considering also
that yor humble Petit" have Ijorn pircat charges, in paying Taxes for yc Poor of yo coun-
trey, &"in maintaining their own poor of this Town & those of New-Oxford, who hy occa-
sion of the War withdrew thcm-selves, & since that they have Assisted many who returned
to Oxford in order to their resettlement, Yo; humble Petiti' have recourse to this Ilonhie
Assembly which God hass establish'd for ye Succour of yo afflicted, especially y; faith-
full that are Strangers, that wo may obtain yo; reliefs for yo subsisting of o; ministers,
where of there is so much need. By Answering the Request of yo; humble Petit;;? you
will more cV more oblige them to put up hearty prayers to God for yoif & the whole
Conntrey's Prosperity. Jn-o Rawmngs ] Elders for a [11*]
Peter Ch.vrdox > the ffrench Congre-
Rene Grignox J gation." — Mass.
Archives, vol. 11, p. 150.
This petition was introduced, first, in the Council, where it was read on the twenty-first
of June and an order passed that it " be sent down to the representatives with a recom-
mendation from the Board." On the same day it was read in the House and referred to
the committee on petitions, who reported as follows : —
" In answer to 3^'' Petition within mentioned. It is the opinion of the Coinitte. That for
theii-e Encouragement as Strangers & for y« Carrying on the Publick Worship of God
amongst yem there be paid untotheire minister Twelve pounds out of the Publick Treas-
ury."—/6«VZ., ;j. 131.
This report was read and passed in the House on the twenty-ninth and sent to the
Council, where it was concurred in.
The order in Councilf for the payment of this allowance was passed July 16, 1700.
Chap. 36. This chapter is from archives, vol. 101, p. 167. It is recorded in council
records, vol. VII., p. 120. Sec resolves, 1699-1700, chapter 21, and note.
This resolve was passed by both branches and consented to by the Governor on the
eeconil of July.
The order in Councilf for the payment of this allowance was passed July 16, 1700.
Chap. 39. This chapter is from archives, vol. 106, p. 474. It is recorded in council
records, vol. VII., p. 123.
This resolve was passed by both branches and consented to by the Governor on the fifth
of July.
The order in Council^ for the payment of this allowance was passed July 16, 1700.
Chap. 40. This chapter is from council records, vol. VII., p. 125. It is preserved in
archives, vol. 40, p. 628.
For the appointment of the committee mentioned in this chapter, and for Arnold's
accounts, see resolves, 1699-1700, chapter 51, and note.
The following is the report of the committee : —
"Boston June 27'" IZOO
Wee the Subscribers, being a Committee appoynted by the great & General Court at
their Session the 13'.h March 1699/700 to Examin & Audit the acco'^ of Jno Arnold Prison
keeper in Boston & to make a Report vnto the General Assembly
In Obedience to said Order we haue carefully Examined said acco*'. & find that at two
shillings & Six pence t> weeke, there is due to said Arnold the Sume of thu-ty eight pounds
elevenshillings Sixpence for the keeping the Prisoners, committed at the time of the Revo-
lution, w^h Sume he saith hath not been yet allowed him; & by Ovd'^ was to release 8*^
Prissoners. w"' out Saying they paying fiees So that he could not detain them for there
diett amounting as aforesaid, he is ready to give his oath if required that he was never
paid, the two shillings Six pence ¥ weeke for their dyet neither by them nor the Publick —
Wee alsoe tind that in his acco' presented to the HonWe Assembly in Nov; 28'.'^ 1693 amount-
ing to 150" The court see cause to Ord; that he should have but 120" & "that it should be
in full, w':'' Suine he saith his necessity was Such that he was forced to take that money ;
he Saith the only reason of the abatem' of the 30" was vpon the acco' of the prisoners Sent
from Salem that could not be kept there Boston being then a Prison for the whole Province
and the said Arnold affirmes he was never yet paid for their dyet neither by the publick
nor the perticuler persons, & it lieth Only w"» this Court to releive him
Wee further find an Ai-ticle in his last acco' presented to this court of Sixteen pounds for
Blanketts. &£j w^h by Ord; of Authority he provided for the prisoners v^<^^ was an Article
not charged in his former acco^ the Consideration of the premisses humbly offer to the
Consideration & Determination of this Hon'^ie Assembly./
Elisha Hutchixsox
Peter. Sergeant
John Wallet
John Leverett
Sasi'-.^ Phipps." — Mass.
Archives, vol. 40, p. 627.
On the eighth of July this vote was passed concurrently by both branches.
The order in Councilf for the payment of this allowance was passed July 16, 1700.
Chap. 41. This chapter is from council records, vol. VII., p. 125, and archives, vol.
11, p. 152.
The following is the petition mentioned in the preamble to this chapter : — ^
* Manuscript mutilated.
t Executive Records of the Council, vol. 3, p. 136.
t Ibid., p. 134.
64:2 Province Laws {Resolves etc.). — 1700-1. [Chaps. 42, 43.]
"To the R' Honbie Richard Earle of Bellomont Cap'n Generall and Govern^ in Chief in
and over his Maj'jes Province of the Massachusetts Bay in New England, in Council, and
to the hon''!" house of Representativs in Generall Court Assembled/
The Petition of James Gouge on behalfe of the Towne of Wells —
humbly shew':*" »
That the s'' Towne hath suffered much in the late Warr w* the Indians, having their
meeting house and most of their dwelling houses burnt & demolish'd by the Indians,
wch hath so very much reduced them, that of themselves they cannot build another meet-
ing house, nor give sufficient mentenance to a minister to Reside among them
The premisses considered it is humbly pray'd That the sume of Thirty pounds be
allowed towards y"^ compleating a meeting house now erecting & the sume of Twenty
pounds for their minister, who else will be forced to leave said Towne. not having a
Competency ^ntl yor Petr &c?." — Mass. Archives, vol. 11, p. 152.
This petition seems to have been read in the House on the twenty-fifth of June, when
it was probably referred to a committee. On the eighth of July the vote incorporated in
this chapter was passed by both branches of the Legislature and consented to by the
Governor.
The order in Council* for the payment of this allowance was passed July 16, 1700.
Chap. 42. This chapter is from archives, vol. 70, p. 478. It is recorded in council
records, vol. VII., p. 126.
Storer served the province as commander of the sloop Hopewell in 1692, and again in
the expedition eastward under Major John March in the summer of 1697. On account of
the former he was paid October 27, 1692, £39 lis. ld.\; and on account of the latter ser-
vice he received, in 1697 or 1698, £4.3 2s. j It is to be inferred from the allowance made in
this chapter that these sums were not considered as adequate compensation for his ser-
vices, and the hire of his vessel.
This resolve was passed by both branches and consented to by the Governor on the
eighth of July.
The order in Council^ for the payment of this allowance was passed July 16, 1700.
Chap. 43. This chapter is from council records, vol. VII., p. 124, and archives, vol.
58, p. 197.
On the day after the passage of chapter 15, ante, a movement was started in the Legis-
lature to further the objects of the address to the king, in the form of a resolve for the
appointment of a committee to consider and report " what is further necessar.y to Ije done "
to that end. The following is taken from the original draught of this resolve : —
" In Council. June. 15'." 1700-/.
Resolved, That Wm Stoughton Elisha Cooke, Elisha Hutchinson, Sam. Sewall, John
Foster, and Nathan} Byfield Esq^.s be a Committee to joyne with such as shall be named
a Comittee of the house of Representatives to consider of what is further necessary to be
done relating unto the matters contained in the Address unto his Majty agreed upon by
this Court. And to make their Report. Wm Stoughton Esqf to he the chairman and to
appoint time and place of meeting : and to sit this afternoon and at other times until they
have finished. ^
Sent down for concurrance./. Isa Addington Seciy.
In the House of Representatives Read June IS'-i" 1700. & Voted a ConcuiTence And That
Mj Speaker, Capt John Brown Cap*. Timothy Clark Capf Sam'i Phipps, M; Eben^ Bren-
ton, & Capt John Burrill be a Comittee to Join with the Coinittee of the Board 'in the
affair aforesd ^ ^^„ John Leverett Speaker." — Mass.
Archives, vol. lOG, p. 466.
On the twentieth, Stoughton, chairman of this committee, presented in the Council a
report " which was read at the Board and referred to consideration until tomorrow."
This report contained the following recommendation : —
" 12 That his Excell<^.^ be addressed by the Councill & representatives, to Improve
his Interest in his Maj'ie & Ministers of state, on the liehalf of this province for the
obtainemt of the matters contained in the address to y" King : and to advice what further
steps are fitt to be taken by us for y Effecting what is desired." — Ibid., p. 473.
After some changes, which will be noticed in the note to chapter 52, post, the report was
agreed to by both branches, on the twenty-sixth, and an order passed, of which the fol-
lowing is the record : —
♦' June 26, 1700. Ordered by the Board That William Stoughton, John Pynchon,
Elisha Cook, and Samuel Sewall Esq" with the Secretary be a Committee of the Board to
Joyne with a Coinittee of the Representatives to prepare the Draught of an Address to
Lis Ex':." to improve his Interest in his Maj'-^', and the Ministers of State, relating to the
Matters Contained in the humble Address of this Court to his Maj'y pursuant to an Article
in the Report of the Committee Appointed to Consider of the Matters Contained in the
said Address to his Majty
Which Order being Sent down to the House of Representatives, A Message was Sent up
from that House, that they had Concurred therewith. And Appointed a CoiSittee to Joyne
with the Comittee of the Board for the Service therein Mentioned." — Council Records,
vol. VII., p. 113.
The names of the persons joined by the House on this committee have not been ascer-
tained; but, by the twelfth of July, this joint committee had prepared an address to the
(■
* Executive Records of the Council, vol. 3, p. 137.
t Mass. Archives, vol. 122, p. 8.
t Ihid., p. 104.
S Executive Records of the Council, vol. 3, p. 136.
[Notes.] Province Laavs {liesolves etc.). — 1700-1. 643
Governor, which had been "fairly transcribed" and "signed by the Secretary, in the
name and liy order of the Council, and l)y Mr. Spealvcr, in the name and Ijy order of
the House of Representatives," and this, together with tlie draught of a charter " agreed
to be solicited for incorporating of the college," was presented to His Excellency by the
Secretary and the Speaker, who had been chosen a committee for that purpose.
The draught of this address had l)een first read in the Council on the sixth of July, and
then sent to the House, for concurrence. In the House it was under debate until the
ninth, when the vote to concur was i)assed.
The draught of the proposed charter is given in chapter 52, post.
Chap. 44. This chapter is from council records, vol. VII., p. 126, and archives, vol.
40, p. 610.
The allowance granted by the resolve which constitutes this chapter was for about four
years' service. For former allowances to Checkley, see resolves, 1693-4, chapter 'J ; 1695-6,
chapter 36 ; 1696-7, chapter 44, and the notes thereto.
The petition mentioned in the preamble to this chapter was as follows : —
" To his Excellency Richard Earle of Bellomont Cap' General! & Governour in Cheife
in and Over his Maj'les Province of the Massachusetts Bay in New England, And to the
Right Honourable \V™ Stoughton Esqj L' Governour And the Honorable Gen'™ of the
Council, And the Honi'd Representatives Assembled & Sitting in the Great & Generall
Court at Boston March 13;^ 1699/700 In the 12'h Year of his Majesties Reign
The Petition of Anthony Checkley
Humbly Sheweth.
That Your Petitioner In the Year 1689, By the Governour Councill and Representatives
of this Province Was Chosen Attorny Generall In behalfeof King William & Queen Mary
And in the Yeare 1692. By the Governour & A Generall Council was again Elected unto
that Office, And Received an ample Coinission under the Seal of theProvince for the
Same, Whereby I was made, ordained and constituted their Majti£? Attorny Gener.', To
have hold exercise and Enjoy, the said place & Office (during their Majtl|? pleasure)
Together with all ffees, rights, perquisites, privilidges profits & advantages to the place &
Office belonging or any wise Appertaining, In as fnll and Ample Manner as any Attorny
Generall, In other his Maj'4^s Plantations & Dominions in America have had or did then
Receive & Enjoy, In which place I have acted to this time, with Integrity & According
to the best of my Understanding & power, So that my Enimies (If I have any) Cannot
Justly tax me with Corruption or totall Insufficiency, And if there hath been any Neglect
of any Bussiness belonging to the Office of the Kings Attorny, It hath been because I
have not been put upon it Nor encouraged in it. The most of the Bussiness that I have
been put Upon hath been prosecuting Malefactors, the Number of which hath been Great
and wherein I have had Abundance of Care Trouble and charge, upon the Circuits, and
at all the Courts I have always born My own Expences which hath been more than I
have Received I have nothing Neither ffees nor Sallory Settled nor So much as the name
as the Kings Attorny mentioned In the Law Booke So that I have been and still remain
Under great Discouragments I never had any thing But what I have gott by begging, I
Petitioned the Generall Court in the Year 1693. And then Obtained Sixty pounds. And
above halfe that went for old Rates which I thought was Remitted, And I Petitioned
Again in the Year 169.5. Then they gave me Twenty pounds And in May 1696. 1 Petitioned
Again and then they Alowed Me Fifty pounds, I have had for Seven Years Service in all
One hundred & 'iliirty pounds, And ever Since being near four Years I have not had
any thing. So that I am forced Now to begg Again, And I Crave pardon If I am Impor-
tunate, And Lay before Your Excellency, Your Hon^ and the Honoured Assembly Some
Considerations as motives to Grant my ffoUowing humble Request.
The Difflcultj', trouble and Expence I have been put to In the Execution of my Office
The hindrance it hath been to me In that I never did nor dared to take up any Action
that hath been brought by any Person wherein the Kings Interest hath been Concerned,
Although I might have had Great ffees to defend, And although I have not been Improved
by the Informers for the King as I thought my Commission did Impower Me, here I have
Stood Neutor when other Attornys have made Great advantages.
That this place Requires Such a Constant Attendance, as to be always ready when ever
am Sent for before Authority about the Kings bussiness. So that all private bussiness
must give way thereunto.
My humble prayer to Your Excellency and this Great & Generall Court is —
That You will please to alow me Some Competent Satisfaction for the Last fours* Years
Service and If You think me worthy to be further Imployed In that so honourable &
necessary Service, That I may be Supported and Incouraged therein, That the place for the
future may be Some Enjo.vment of benetitt & advantage^ as well as Obligation to duty &
Service, That I may by A new Commission be better Confirmed in my being, And thatthe
Law may Sett forth my duty & privilidge what is my work and Reward, what I must do,
and what I must have, I desire but Such a Competent Sallory that may aford Me A Sub-
sistance So that I may Serve my King & my Country Cheerfully That I may not for the
Future be forced to begg But obliged Thankfully to acknowledg Your kindness & Cheer-
fully obey Your Comniands.
I am Your Excellency & Your Honours ffaithfull Servant
Anthony Checkley." — Mass.
Archives, vol. 40, p. 6J0.
This petition, which was probably presented to the General Court at the second session of
the previous year, appears to have been revived or continued to this year and to have been
acted upon, first, in the Council, on the twenty-second of June, when the resolve which is
• Sic.
64:4 Province Laws {Resolves etc.). — 1700-1. [Chaps. 45, 46.]
incorporated in this chapter was passed and sent to the House, where it was concurred in
on the ninth of July.
The order in Council* for the payment of this allowance was passed July 16, 1700.
Chap. 43. This chapter is from archives, vol. 30, p. 462. It is recorded in council
records, vol. VII., p, 128.
This resolve was reported " by the committee for the Indian affair" appointed to con-
sider and report upon the following recommendation of Governor BcUomont's opening
speech : —
"May 30, 1700. . . . You Know as well as I the Circumstances we are in with the
Eastern Indians, that the French Missionaries have debauched 'em from their former
Obedience to the King and that it was at their instigation they Murdered so many of Your
people this Last War, And are now at the Devotion of the Jesuits to Act over again such
anoiner Tragedy,
I am Sorry to tell you, That I find the French Missionaries are no less Industrious to
Debauch our five Nations of Indians in the province of New York taking indefatigable
pains to work on Some liy fear, and Mcnacies, on others by enticement, and Flattery,
aud'the Messengers I lately Sent to encouraife them, informe me, that Several of ourmostf
forward fighting Indians that were best Affected to us have lately been dispatched out
the World by Poison
The Management of the Eastern Indians in Such Manner as to bring them again under
the Obedience of His Majesty is Necessary above all other things, and worth your thought,
and Care to try to Effect . , ." — Council Records, vol. VII., p. 74.
The report of this committee was read in the Council on the twelfth of June and was
ordered to "lie upon the board." On the twenty-first the following entry appears in the
council records as passed by the Council on that day : —
" The Report of the Committees appointed to Consider of Methods to Obviate the Indus-
try of the French Missionaries in debauching of the Indians, and what may be Necessary
to bring again the Eastern Indians under his Majesty's Obedience, was read at the Board
Resolved That the Several Articles Contained in the said Report, which were Agreed
to, be Substracted from the Others which being Accordingly so done, were afterwards
read & past. And Sent down to the Representatives for their Concurrance." — Ibid.,
p. 103.
Apparently this chapter consists of the articles thus extracted from the report. It was
concurred in by the House on the eighth of July.
Chap. 46. This chapter is from archives, vol. 58, p. 200. It is recorded in council
records, vol. VII., p. 129.
Samuel Sewall, of the committee appointed by the resolve which constitutes this chap-
ter, thus records his interview with Mather: —
" July, 10* . . Waited on Mr. Mather this day, at three in the Afternoon. I told him
the Honor of Athanasius, Maluit sedetn qudm Fidei syllabani mutare: Worthies of N. E.
left their Houses in England, and came hither where there were none to preserve Religion
in its Puritv. [I] Put him in mind how often God had renewed his Call [to him] to this
work which was to be consider'd [by him]. That [there] were 19 in the Council; and [he]
had every vote." — Diary, vol. II., p. IS.
The next day Sewall made the following report : —
"July 11, 1700. Samuel Sewall Esq'' appointed by the Board, to Accompany the
Coinittee Nominated by the Representatives to Acquaint M^ Increase Mather that the
Court had Chosen him President of the CoUedge, and Desire his Acceptance of that Office,
and so expect that he repair to, and reside at Cambridge So Soon as may be, and to
receive his Answer, Reporting That said M' Mather could not remove without acquaint-
ing his Church, If they Consented to give him up to this Work, he would as to his own
person, remove to Cambridge, but could j see his way Cleer to remove his Family while
he heard of the passing the Charter in England." — Council Records, vol. VII., p. 133.
To prevent further evasion and delay, the General Court immediately passed another
order, which is thus recorded : —
" July 11, 1700. The s<3 M'' Mather was again sent to from the Court to Call a Meeting
of his Church this Evening, upon the said Occasion and
Elisha Hutchinson, & Samuel Sewall Esq" with Some Nominated by the House of Rep-
resentatives were Sent to the said Church to Desire their Consent that said M'' Mather
might remove to Cambridge, and Undertake the Care of the CoUedge as presid' thereof."
— Ibid.
On the twelfth a response from Mr. Mather's church was received by the Council,
which was recorded as follows : —
" July 12, 1700. John Foster Esq"" one of M^ Mathers Church, Acquainted his Ex^y,
and the Board, That the s<' Mather having, pursuant to the Direction of the Court, Called
a Meeting of his Church Yester evening, they had Consented to his going to Cambridge,
and that said M"- Mather referred himself to his former Answer." — Ibid., p. 134.
Being thus deprived of every pretext for longer disregarding the request of the
A8seml)ly that he continue president of the college only upon condition that he fix his
residence in Cambridge, Mather yielded, and changed his habitation accordingly, but left
his family in Boston. The General Court thereupon immediately placed the government
of the college in the hands of Mather and a board of fellows,^^ and appointed a committee
* Executive Records of the Council, vol. 3, p. 136.
t This word is not in the series of records in tiie Secretary's office.
I Sic : the word " not" is omitted.
§ Chapter Gi, ^/osi.
[NoTE«.] PiiOviNCE Laws (/?e.s-o?yes e^c). — 1700-1. 645
to provide for his reception and entertainment,* in sonic snitable place in Camhridire.
This committee, it would seem, jjrovided for Iiim a lioardini,'-])lace,t iiot beini? em])o\vered
to make the necessary rei)airs, etc., on the lioiise intended for his residence. This was
"the liouse already built Cor a iiresidcnt's iiouse" which, it apjiears, was not ready for
occupancy, inasmucii as it was meet tlnit somethini; " be done with resi)ect to" it in tlie
way of littinif or furnishint; ; and it may l)e that tlie ciiaiif^'cs or repairs necessary to ren-
der tiic liouse comfortable in winter, and the want of otiier suitable accommodation for liis
family furnished a ])retext for his return to lioston after about three months' stay at Cam-
l)ri(l.i,'e. Whatever was the real cause, it is certain that, on the seventeenth of October, he
wrote a letter to his friend the Licntcmint-Governor, " Kivinj^ an account of his ins])ection
of the collei^'e whilst he resided there and containing; the reasons of his removal from
Cambri(li;e, as liis not having his liealth, etc., there, and desiring tliat another president
mav be thought of."
This letter was communicated to the Council on thot\vent3'-sixthof February, 1700-1, by
Stoughton, whereupon he was advised to cause so much of it as related to the college " to
be copied and sent down to the representatives."
The work of titting np and repairing the president's house was intrusted to another com-
mittee appointed as late as March 15, 1700-1, f and was evidently not finished until some
months thereafter. From the letter which Mather wrote to the" Lieutenant-Governor on
the thirtieth of June, at the end of his last three months' stay in Cambridge, it is clear
that he had resided in Cambridge only six months of the preceding year, during which
time his family still remained in Boston.
The six months' interval of absence, from October to the following spring, therefore,
mav have been excused on the ground of want of suitable accommodations for a person
in delicate health, or for one of his dignity, and the necessity of living away from his family
which the situation involved. On the fourteenth of March, 1700-1, the order jiroviding for
the government of the college, under which Mather had assumed the duties of president in
July, was renewed, X and the same board of government was ordered to continue in office,
with a jiroviso, " in case of M""- Mather's refusal, absence, sickness or death, that M^- Samuel
Willard, nominated to be vice-presid'-," be " invested w-ith the like powers and authority
aforesd. in all respects." Soon after this, Mather again removed to Cambridge until the
thirtieth of June when he wrote the letter to Stoughton, above referred to, as follows : —
"Hon:i"«Sir.
I promised the last General Court, to take care of the Colledge until the Commencem?
Accordingly I have bin residing in Cambridge, these three months. I am determined (Lf
the Lord will) to return to Boston the next week, and no more to return to reside in Cam-
bridge; for it is not reasonable to desire me to be (as out of Respect to the Publick Inter-
est, I have bin Six months within this twelve month) any longer absent from my ffamily.
And it is much more unreasonable to desire one, so circumstanced as I am to remove my
ffamily to Cambridge, when the Colledge is in such an Unsettled state. I do therefore
Earnestly desire that the General Court would as soon as may he think of another Presi-
dent for the Colledge. It would be fatal to the Interest of Religion, if a Person disaffected
to the Order of the Gospel professed, & practised in these Churches, should preside over
this Society. I know the general Assembly out of their Regard to the Interest of Christ,
will take care to prevent it. It is, and has bin, my prayer to God, that one much more
learned than I am, and more fit to inspect, & govern the Colledge may be sent hither; And
one whom all the Churches in New-England, shall have cause to bless the Lord for. —
So I remain yi? to Honj & Serve
Increase Mather.
ffrom the Colledge In Cambridge Jun. 30 — 1701."— Mass. Archives, vol. 58, p. 226.
This led to the termination of his presidency of the college, as shown in resolves,
1701-2, chapters 59 and 69, and notes.
For the six months' service performed under this chapter Mather received one hundred
and ten pounds in two instalments of fifty-five pounds, each.
The orders in Council for paying these allowances were passed, respectively, October 10,
1700,^ and October 20, 1701. |]
The salary of Willard, his'successor, commenced September 6, 1701.11
Chap. 47. This chapter is from council records, vol. VII., p. 130, It has not been
found in the archives.
In the note to chapter 21 of the resolves of the year 1699-1700 mention has been made
of the first order in the Privy Council to the Governor and Council of the province to
liquidate the accounts of Andros for expenses incurred during his administration as Gov-
ernor of the territory and dominion of New England. In the same note it was shown
that while the Council were proceeding with the duty thus imposed upon them, John
Usher, who had been public treasurer under Andros, presented his accounts. The fact
is also there stated that no action of the Council upon this order and application, at that
time, has been discovered, but that the attention of the Board seems to have been then
exclusively given to the consideration of the claims of officers and soldiers, and for the
hire of vessels, employed in Andros's time against the Indian enemy, of which a report
was made to the Council in September, 1694.
It was also shown there, that on the fifth of September, 1692, Usher presented Ms
accounts. The following is the record of this proceeding : —
" Sept. f), 1692. John Usher Esq;!® presented a Copy of their Majesties Commission for
the Government of the Proves of New Hampshire whereof he is constituted Lieutenant
* Chapter 59, post.
t Chapter 88, /)o«<, and note.
j Chapter 81, /w-s^
§ Executive Records of the Council, vol. 3, p. 160.
II Ibid., p. 260.
II Mana. Archives, vol. 122, p. 165.
646 Province Laav-s {Resolves etc.). — 1700-1. [Chap. 47. J
Governour, which was read in Council. And at the same time presented an Order from the
Ri^ht IIonb]e the Lords of their Maj'|^ most Honi^j^ Privy Council, at the Court at White-
hall the r2tH of October 1691. referring the accompts of the said Mi: Usher laie Treasurer
of New England, to the Examinaiion of the Governour & Council of the Massachu-
setts Bay, with direction to satisfie him out of the publick Stock, what may appear to be
justly due unto him upon the ballance of the said accompts. He having given good
security to pay in to their MajtiS' Treasury in New EnglJ, what sums shall appear (if any
thing) to be due to their Majesties and the Government of New England upon the s^ bat-
lance as aforesaid. Which order was read in Council." — Executive Records of the Coun-
cil, vol. 2, p. 192.
Usher's accounts seem not to have been referred to a committee until December 20, 1692,
when the following entry appears in the record : —
" William Stoughton. "Wait Winthrop, Saml Shrimpton and Peter Sergeant Esq^f are-
desired and appointed to inspect and Examin the Accompts of Sr Edmund Andros late
Govf and John Usher Esq™ late Treasurer of New England — Refered by an Order from
the Lords of their Majti£? most Hon^Is Privy Council, unto the examination of the Gov£
and Council of this Province, & to prepare the same to be laid before this Board, Wm
Stoughton Esqre to appoint the time and place of Meeting.
William Vmvs." —Ibid.,p. 211.
On the thirtieth of January, 1692-3, the report of the above committee, which had been
made to the Council Decemljcr 31, was read in the Council " and remains [says the record]
in their [the committee's] hands."
Twice, subsequently, Usher appeared before the Council concerning his accounts that
were under consideration by the above committee. The record of these appearances, and
of the action of the Council thereon, i3 as follows : —
"Feb. 8, 1692-3. John Usher Esq"' attended the Council, referring to his Accompts as
late Treasurer ; And the Accompts were bro't and Laid before the Board, and returned
again
Resolved That its Necessary a Copy of Said Accompts be Lodged in the Secretary's
OfHce." — Council Records, vol. VI., p. 265.
" Feb. 15, 1692-3. John Usher Esq' presented a Motion that there might be an issue of
his Accompts as late Treasurer, So as' to return them by this Ship, which was read at the
board; And sent in the Book of his Accompts as late Treasurer to be Lodged in the Sec-
retaries Office until Copies thereof can be drawn out to remain on file." — Ibid., p. 268.
On the twenty-second of March, 1693-4, the report of the committee was read in Council,
as follows : —
" Province of the Massachusetts Bay in New England
Pursuant to an order of his Expy and Council of the 20'.'' December instant, directing^
and appointing us the subscribers to inspect and Examin the Accompts of Sr Edmund
Andi'os late Governoj and John Usher Esqr late Treasurer of New-England. Referred by
order from the R.' Honbie the Lords of their Maty^ most Honi^'p Privy Council, imto the
Examinacon of the Governour and Council of this their Ma'-v^ Province We have inspected
and Examined the several accompts p'sented to us by the s'J John Usher Esqj beginning
the 25t!i of May 1686 in the time of the President and Council, and ending the first of July
1690. And do find the s^} several Accompts made good by orders and Receipts for the sev-
eral Articles of payments therein mentioned, and the Ballance thereof due to the s^ John
Usher Esqf Eight hundred Fifty one pounds two shillings tenpence. We also find stand-
ing out of the several Rat«s &c. made in the time of that Government, seven hundred
ninety eight pounds seventeen shillings three pence, besides the Debts of Benoni Eaton
decedand Reb: Stebbins am'; to Twenty seven pounds, nine pence, which two Debts are
>doubted whether feasal^le thr6. length of time. In which several Accompts on which the
Ballance aforesd doth arise — we likewise find full Four thousand two hundred Eighty
six pounds nine shillings, four pence drawn by Sj Edmund Andros orders out of the
Treasury and applied to his acco" for his Salary, alth6. in two Receipts given by Phillip.
Wells his order, for Four hundred pounds each, part of the forest suin applied to his
Salary, Expressing to be on Accompt of disbursements for Provisions &c for the now
raised Forces to the Eastward — the 31° December 1692 —
Signed. Wm' Stoughtox. W: Winthrop
Samuel Shrimpton. Peter Sergeant." — Mast.
Archives, vol. 101, p. 1.
The Council thereupon agreed upon the following stiitement of exceptions to the
accounts : —
" Upon consideration of which aforesd Report of the Committee and further Inspection
and Examination into the Accompts of John Usher late Treasurer, Exceptions are made
against the following Articles in said Accompts.
Fu'st To the sum of Four thousand, two hundred Eighty six pounds, nine shillings,
four pence, ariseing by several articles in sd Accompts charged as Salary for Sf Edm^
Andros Govf The moneys so applied being drawn out of the Treasury by his own orders,
no advice and consent of the Council appearing for ye same, and eight hundred pounds
part thereof is particularly exprest by two Receipts, one of the 3^ of December 1688, the
other of the 31st of the same December of Four hundred pounds Each, given by Phillip
Wells, his order, to be on accompt of disbursements for Provisions &c. for the newraysed
Forces to the Eastv,-ard, His Ex'^^and Council are of opinion That no more of the aboves*?
sum be allowed than the Eight hundred pounds for supply of the ?'orces —
Secondly. To the charge of Five pound l> Cent. Comission or Salary to the Treasurer,
amounting to the sum of seven hundred pounds, or upwai'ds in the whole, there appearing-
no order of Governour & Council for allowing of the same
His Ex'Jy. and Council are of opinion That three hundred and Fifty pounds is a suffi-
cient Recompence for that service (the General Accompt being debited for charges of
[Notes.] Province Laws (/?e.soZye.s etc.). — 1700-1. 647
transportacon and Loss of Grain, storage and other charges) which allowance is more
,than has been made any former Treasurer within this Torritorj'.
Wii,Li,vM Phips."— Ibid., p. 2.
The next proceeding upon the accounts of Sir Edmund Andros was as follows : —
" At a Council held at his Ex'Ts'llouse in Boston, upon Wednesday Aprill the \^^ 1694 —
Mr Giles Dyer Attourney to S' Edmund Andros this day presented a motion~in writ-
ing Praying a Resolve of this Board upon the Accompts of S": Edmund Andros late
Governour, referred by the Lords of their Ma'ys most Honbic Privy Council to be here
examined &c;i
A Copy only of s^ Accompts attested by Mf Phillip Wells being here lodged, th6- he
was directed to leave the original under S' Edmunds hand. And a considerable part of
the charge arising by sii Accompts being for subsistance of Souldiers, There appearing
to be Eight hundred pounds drawn by his order out of the Treasury for y' occasion &c
charged and allowed in M>: Ushers Accompts, For which no Credit is given in S^ Edmunds
Accompts, And several demands being made by particular persons for subsistences wages
&ca It's necessary that the Committee appointed to receive and Examin the claims in
the time of that Governm* do perfect the same before any report can be made upon
S^ Edmund Andros his Accompts./ —
William Phips." — Ibid., p. 3.
Under date of December 5, 1694, however, the following entry appears in the executive
records of the council : —
" A Letter directed unto the Gov£, and in his absence unto the L* Gov^: from the
R^ Honbjp the Lords of their Majty's most Hon^e Privy Council, from the Council
Chamber at Whitehall the 26'J2 of March 1694. was read at the Board, signifying his
Majty's Royal pleasure, that the Governour and Council do forthwith proceed to the'final
examination of the Accompts of S£ Edmund Andros late GovL of New England, of
money disljurst by him for the publick service during his Government in New England,
and to cause payment to be made to him in course, out of the publick Revenue of this
Province of what shall appear to have been expended by him, and justly due to him on
that accompt. Pursuant to the directions of his Majty^ order in Council of the 12th. of
October 1691. or otherwise to return an accompt to his Maj'y in his most hon^ Privy
Council of the proceedings therein, together with the reasons for not complying with his
Maj'ys sd order.
Another Letter from their Lordpps of the same date and of the like import, referring to
the accompts of John Usher Esqr late Treasurer of New England, was presented & read
at the Board."— Vol. 2, p. 295.
On Friday, the seventh of December, a committee of the Council, consisting of James
Russell, Elisha Coolie, Elisha Hutchinson and John Foster, was appointed " to peruse and
Examin the Accompts of S£ Edmund Andros late Gov£," etc , " with such other accompts
or Claims as have relation or are dependant thereon, as also to consider what may be
further oti'er'd referring to the accompts of John Usher Esq^j late Treasurer, and to rnake
their Report to this Board upon Thursday the 3£d of January next, that a Return may be
made thereon unto their most Excellent Majtys in their most Honbie Privy Council, in
obedience to his Maj'22 commands."*
From this time forth, so long as this committee acted, the accounts of Andros and
Usher were considered together, although separately reported upon. The committee
brought in their report on the twenty-fifth of March, 1695, in two parts ; one concerning
Andros's account, and the other concei-ning the accounts of Usher. The substance of
this report appears in the final draught hereafter given.
On the third of May this report " was read and debated upon the remarks therein made
by way of exception to divers articles in each of the s^ accompts in order to the preparing
a Return to be made unto the R^ Honbie the Lords of His Majtya most Honbie Privy
Council by the next conveyance from hence to London."t The final di-aught was as
follows : —
" Province of ye Massachusets Bay in N : England
Pursuant to an Order of ye honobie ye L" Governo'' & Council of ye 7"i Decemb"' 1694
nominating & appointing us ye subscribers to Puse & examine ye Acco" of S'' Edmund
Andros late Governo'' of New England with such other acco'^ or Claims as have relation
to or are dependant theron, As also to consider what may be further ofiered referring to
ye acco's of John Usher Esq'' late Treasurer, we have Pused a Coppy of an Acco' amount-
ing to 3875 :17 :4.J signed Phillip Welles & underwrit E Andros declaring j'e disbursm"
yin mentioned to be made out of ye s^ S^ E Andros's P P monej^ & Credit, being an acco'
of sundry Disbursm'* under several heads & making ye suine of two thousand ninty sixe
pounds eleven shillings & thre pence due to ye accountant for Ballance — In which Acco*
we find charged for generall survey's in ye out parts of ye Country one hundi^ed seventy
eight pounds eleven shillings l.^<', ffor annexing New York & New Jersey &c to this
Governm' two hundred twenty sixe pounds eleven shillings & 2.^'^ In his Acco? of Incident
charges several suiiis for pvisions &c for ye subsistence of ye Eastern souldiers amount-
ing to forty eight pounds sevinteen shillings & eight pence. In his Disbursni'» for fortifi-
catio"* severals for Fort Mary amo'ng to one hundred sixty two pounds nineteen shillings
&ten pence — We also observe yt for several suiTr charged in s'' Usher's AccoL which seem
PPly to belong to this Acco' 'no Credit is given Vz* Disbursm's for ye ffoot Company
brought fro~ England quartered at M"" Gibbs's house Castle &c before ye warr one hundred
seventy eight pounds nine shillings & sixe pence, ffor subsisting ye Eastward Forces three
hundred & thirty pounds & five shillings. And for Money payd by S"' Edmonds Order to
M'' West &c & 124. Bush''^ of Gates to himselfe amo|s to "forty five pounds three shillings
& four pence, excepting ye first Article in this Acco' Current which is two hundred twenty
* Executive Records of the Council, vol. 2, p. 300.
t /6Jd., p.327.
648 Province Laws (Resolves etc.). — 1700-1. [Chap. 47.]
eight pounds thirteen shillings sayd to be money received fro* s'^ Jn'' Usher Esq'' at sev-
eral times, wch sum we do not find charged in s' Ushers Acco.t the Acco' of ye Dis-
bursm" for ye subsisting of ye several Land Forces amounting to two thousand five
hundred & thirty pounds, & the Disbursmts for sloops & victualling them we are not
enabled to examine having neither Muster Roales nor any thing before us but ye bare
Coppy of ye acco.t We have also inspected ye many Acco'^ of ye Claimers comitted to us
& find among them several suins amounting to upwards of four hundred pounds for pro-
vision &c for "subsisting ye Eastward Forces & seem not proper to be charged to ye Terri-
tory but to S'' Edmund Andros, he in ye s*" Acco' of Disbursm'^ for subsisting ye souldiers
having charged for their subsistence fro" ye time of their being Impressed "to ye first of
April! following & for some longer. In c examining ye Acco's of ye s<i Jn" Usher Esq''
late Treasurer we observe, that in ye acco' during ye time of ye Preside & Council no
Credit is given for his Maj''';^ third part of ye forfeitures then received for ye breaches of
ye Acts of trade & na^sigatio? We also find yt Acco' fhari;ed with salary payd to two Cap-
tains of ye Castle fro" y« tenth of June to ye tenth of Septembr, And for money payd
Gyles Dyer &c for recei'vlng thirteen hundi-ed & ten pounds eight shillings & thre pence
for ye duty of Impost, wheras ye Credit in s'l Acco' is but nine hundred sixty eight pounds
twelve shillings & four pence for Imposts,, In answer w'to s'^ jM'' Usher affirmes yt he hath
given Credit for all ye money he hath reed & to justify himselfe therin hatli added s'l
Gyles Dyers Acco^ to his but we can by no meanes reconcile ym. We have also discoursed
s<i Usher with respect to his Acco' in ye time of S'' Edmund Andros & are by him informed
yt for paym' of many of ye sums charged in yt Acco' he never had any Orders but fro"
S'' Edmund Andros only, & those notapplycd to any $>ticular Uses expressed in s'^ Orders,
at ye times when s^ money was drawn out of ye Treasury, & yt what Orders &. Receipts
he had he hath sent for England & cannot show j'm now to vouch his Acco.' In which sev-
eral suras are charged w^'' we conceive ought to be duly considered vz' ffor ye Dry Dock
&c. for ye Kings fflsher Frigott three hundred forty three pounds nineteen shillings &
eleven pence. ff"or annexing JS'ew York & ye Jerseys to this Goverm* one hundred & eighty
pounds one shillint; & five pence, ffor subsisting of ye Eastward fForces ut supra three hun-
dred & thirty pounds & five shillings & ye alcove mentioned fort.y five pounds three shill.'
4f to M"' West &c : Ifor Gener" Surveys twelve pounds, ffor annexing Coiiecticot to ye
Goverml four hundred eighty nine pounds one shilling & 6^ ffor Disbursm'.s for a tort at
Pemaquid before ye warr one hundred thirty six pounds eighteen shillings & three pence.
And for Fort Mary eleven hundred fort.y nine pounds seven shillings & three pence. AVe
do also find sd Acco'. charged with several sums payd for Salarves not having any suffi-
cient Orders to justify them vz,' to ye Surveyor & Auditor & Auditor Genr" six hundred
eighty three pounds eleven shillings & six pence. To ye Treasurer seven hundred thirty
' five pounds two shillings & three "pence. And to ye Govern'' four thousand two hundred
eighty six pounds nine shillings & fourpence, of which sulns ye Council hath already
allowed to ye Treasurer thre hundred & fift.y pounds, & seeme to allow eight hundred
pounds part of ye £4286 : 9 : 4 — yt being expressed in ye two Receipts for ye service of ye
Eastern Forces, & if so we conceive S^ Edmund Andros's his Acco' ought to be charged
therwith. As to ye Minute of Council bv which ye s^i Jn" Usher Esq'' would justify his
paying of S' Edmund Andros four thousand two hundred eighty six pounds nine shillings
& "four pence for his salary, we offer. That its only in these words March 17" 1688/9
Ordered yt ye Treasurer do satisfy his Excellency for his salar.y out of his Maj'ies Revenue
till X'mas last past; wherin no suine is mentioned to be payd him, nor what his salary is
< ^ Annii, nor fro~ 'what time; yet we find in sayd Acco' seven hundred & fifty poimds
charged as paj'd him for halfe a yeares salary five dayes after his Arrival in ye Territor.y,
where as ye Acco' is also charged with as much for salaries &c to ye Presid.' & Council for
yt time: There is also four hundred thirty seven pounds & ten shillings charged as payd
him for three months Salary after ye time mentioned in ye s'' pretended Order or Minute.
It might also be noted yt .ye two last Articlesjn ye Acco' respecting ye Governo" salary
are wrong charged both with respect to ye sumes & ye computaco" of ye time, he making
no less than sixteen months & seven dayes in one yeare & a quarter, but ye whole being
disputed ye less need be sayd, All which is humbly submitted &c.
[Ja.8 Russell. Elisha Cooke
Elisha Hutchinson, John Foster*]." — Mass.
Archives, vol. 101, p. 18.
" Upon full consideration of this report, f returns for the Privy Council on both accounts
" were drawn up rough, and the heads thereof read and agreed to by the vote of the
' Council " on the twenty-third of Jul.y. These returns contained "objections against eun-
diy articles chaiged in the said several accounts as their reasons for not paying the bal-
ances therebv respectivel.y demanded, and directed to be transmitted." On the twenty-
fourth, the returns which were "being transcribed, were again read and voted to be
humbly offered and laid before his majesty," as follows : —
" In obedience to his Maj'x^ commands of the 26'li of March 1694. forthwith to proceed to
the final examination of the accompts of S£ Edmund Andros late Gov£ of New England
and to cause payment to be made to him in course out of the publick Revenue of the Prov-
V ince of the Massachusets Bay of what shall appear tu have been expended by and justl.y
due to him for the publick service during his Government in New England pursuant to
the directions of his Maj'.Y'^ Order in Council of the 12ili of October 1691. or to return an
accompt of the proceedings therein, together •with the reasons for not having complied
with his Maj'ys said order.
Having perused and examined the Cop.v of an accompt signed Phillip Wells and under-
' -writ E Andros (there being no other left here) amounting to three thousand eight hun-
* These names are taken from the executive records of the council, vol. 2, p. 330. They do
not appear on the original report.
t The original and the linal draughts of this report are preserved. The former is endorsed,
"Audits papers respecting S'. £■? Andros & M' Ushers Acco'/." — 3Iass. Archives, vol. 101, p. 14.
[Notes.] I'rovincjs Laws {Resolves etc.). — 1700-1. 649
dred seventy six ihuiikIs, scvenlecn sliillinics and four pence lialfe penny, the disburse-
ments therein mentioned said to bo made out of the said Si Edmund Andros's proper
money and credit, Ijcing an accompt of sundry disbursements under several heads, and
maliing the sura of two thousand ninety six pounds eleven shillings and three pence due
to the said Si Edmund Andros for Ballance.
We observe that several considerable sums are therein charged l)eing as we humbly
conceive not applicalile to this i'rovince or to be charged thereon. — That is to say :
The article of one hundred seventy eight pounds eleven shillings and a penny halfe
penny, for general Surveys in the out" Parts of the Countrey, of no benefit to the Publick.
For annexing New Yorlie and the Jersies to this Govern', two hundred twenty six
pounds, eleven shillings and two pence halfe penny. This Province had no advantage
thereby.
The sum of Forty eight pounds, seventeen shillings & eight pence for Provisions &C2 for
the Eastward Souldiers is a mischarge, the whole subsistance for all thoso Souldiers dur-
ing the whole time of their service, being charged in his accomj)! under the head of Dis-
bursements for subsisting the Land Forces against the Indians Eastward.
The sum of one hundred sixtv two pounds, nineteen shillings and ten pence charged
for severals disbursed for Fort Mary, which is over and above the sum of eleaven hun-
dred forty nine pounds, seven shillings and three pence contained in the Treasurers
accompt, amounting in the whole unto'thirteen hundred and twelve pounds seven shil-
lings and a penny, w^h Fort was erected upon a Hid in the Town of Boston, being no
wayes capable by reason of its situation, to be of defence against an Enemy, and made
only with Stockados.
We also observe, that credit is omitted to be given in Sr Edmunds accompts for several
sums charged, by the Treasurer in his accompts as paid by him, as appeares in several
articles viz' —
The sumof one hundred seventy eight pounds, nine shillings and six pence, for dis-
bursements for subsisting the foot Company bi-ought from England, which was before the
war, and their pay and subsistance paid unto Si Edmund out of his Majf/s Exchequer.
The sum of three hundred and thirty pounds, five shillings, for subsisting of the East-
ward forces, their whole subsistance being charged for by Si Edmund, he ought to give
credit for what was paid towards it out of the Treasury.
The sum of Forty five pounds, three shillings and four pence paid to Ml West &c and
for oates to himselfe drawn by his own order.
Besides there is a demand made to the value of four hundred thirty one poimds of the
Treasury here by sundi-y private persons, for jn-ovisions taken up of them in that time
for subsisting of the Eastern Forces, which ought to be charged to Si Edmunds accompt
he demanding pay for their whole subsistance.
It is also apparent by the Treasurers accompts that Si Edm5 Andros has drawn out of
the Treasury the sum of four thousand two hundred eighty six pounds, nine shillings
and four pence and therein applied unto the head of Salary, charged in several payments
at the end of each six Months, the first of which being seven hundred and fifty pounds
for halfe a yeares salary within five dayes next after his arrival in the Territory, whereas
the Treasurers accompts are also charged with as much paid for Salarys &c to the President
and Council for that time, and some of the halfe yeares payments are set at eight hun-
dred seventy five pounds. But it's manifest, the money was neither paid at the times in
s^ accompts mentioned nor to that use, two receipts produced to vouch the same of four
hundred pounds eacli signed V Phillip Wells Si Edmund Andros's order, expressing it
to be on accompt of Disbursements for Provisions &c!i for the new raised Forces to the
Eastward, wiih which Si Edmund ought to lie debited, he charging in his accompts for
the whole subsistance of those Forces; and the order or Minuteof Council pretended to
justify the payment of the Governours Salary dated the 17'JI of March 1688 is only in
these words viz' Ordered : That the Treasurer do satisfy his Excellency for his Salary
out of his Maj'S'^ Revenue till Christmas last past, wherein there is no sum mentioned
nor what his salary is V annum, nor any direction given how either of them may be
ascertained.
Besides the accompt is charged with salary for three months more beyond tbo time
limited by s2 order vizt till the 25^ of March 1689. amounting to fom* hundred thirty
seven pounds ten shillings.
The article of one hundred thirty six pounds eighteen shillings and three pence for
Disbursements for a Fort at Pemaquid before the war, it being only to secure the Indian
Trade, of which the Publick had no benefit.
The article of three hundred forty three pounds, nineteen shillings and eleven pence for
the Dry Dock for the Kings Fisher Frigat, not thought reasonable'to be at the charge of
the Territory and the Dock being thereby rend'red useless to the great damage of the pro-
prietors who are private persons
It's further observed, that the Treasury is charged with four hundred eighty nine
pounds one shilling and six pence, for annexing Connecticot to this Government, thought
not proper to be charged to accompt of this Province.
All which is humbly offered by the Members of his Maj'y's Council of the Province of
the Massachusetts Bay in New England to be laid before his Majty as their reasons for
not complying with his Maj'-'^'s order for payment of the Ballance demanded.
In obedience to his Maj'ys commands of the 26'.'> of March 1694. forthwith to proceed to
the final examination of the accompts of John Usher Esqu late Treasurer of New England,
and to cause satisfaction to be made him out of the publick Stock for what shall appear
justly due to him upon ballance of his si' accompts, pursuant to the directions of his
Maj'ys Order in Council of the V2'-}} of October 1691. or otherwise to return an accompt of
the proceedings therein, together with the reasons for not complying with his Majt.ys order.
It is humbly offered :
That upon examination of the Accompts of the said John Usher EsqiJ late Treasurer,
we observe that the said accompts are charged with several considerable suifis of money
650 Provikce Laavs {liesolves e^c). — -1700-1. [Chap. 47. J
as paid for Salarys, for which there appeares no orders of Council sufficient to justify the
said payments vizt To S' Edmund Andros at several payments for salary amounting in
the whole to four thousand, two hundred eighty six pounds, nine shillings and tour
pence ; only eight hundred pounds part of the said sum applied to salary is exprest in
two receipts of four hundred pounds each, given by Phillip Wells S^ Edmund Andros's
order, to be for subsistance for the new raised Forces to the Eastward and is allowed of
in the Treasurers accompt.
To the Surveyer and Auditor General the sum of six hundred eighty three pounds eleven
shillings and six pence.
To the si John Usher as Treasurer the sum of seven hundred thirty six pounds, two
shillings and three pence, for which service it has formerly been declared l)y this Board
and so entred, that they were of opinion, that three hundred and fifty pounds is a suffi-
cient Recompence ; the accompt l^eing debited for all charges and loss upon grain, and is
more than has been allowed to any former Treasurer within this Prov£5.
To the Article of Forty five pounds three shillings & four pence paid to Ml West &C5;
and for Gates, it was upon Sr Edm'ond Andros's order only.
It's also observed that tho' in the said accompts in the time of S"" Edmund Andros's
Government, credit is given for his Maj'ys thii-d part of the forfeitures received for Breaches
of the Acts of Trade and Navigation, yet no credit is given for what was received in that
respect, in the accompt, during the time of the President and Council, which was consid-
erable, M£ Usher affirming no part thereof came to his hand, but its thought reasonable
to be enquired after.
All which is humbly offered by the Members of his Majtys Council of the Province of
the Massachusetts Bay in New England, to be laid before his Majty as their reasons for
not complying with his Maj'y's order for payment of the Ballance demanded." — Executive.
Records of the Council, vol. 2, p. .j49.
On the same day the Lieutenant-Governor wrote to the Privy Council as follows : —
*'Rt Hon We
May it please your Lordpps
In Obedience to his Majvs Commands, his Maj'y' Council here have passed through
the Examination of the accompts of Sj Edmund Andros late Governour of New-England,
and of John Usher Esq."" late Treasurer and this being the first opportunity for any Con-
vayance for England from this place since the i-eceipt of yoj Lordppa Letter of ye 26'-'' of
March. 1694. I have embraced the same to return unto your Lordpp^ the inclosed accompt
of their proceedings, containing the objections which they humbly offer to be laid before
his Maj'y. as the Reasons for not haveing complyed w'" his Maj'ys s<f Order for payment
of the Sums respectiuely demanded by the accompt's for ballance; which they pray may
be favourably accepted on behalfe of this his Maj'ys Province, for the preventing all such
further payments as may be found unduely charged upon them.
1 am. Rt HonWe
Yor Lordpps Faithful and most humble Servant
Boston. July. '24* 1695. ' " Wm SrouoHToy
To vf Rt Honhie the Lords of his Majtys most Honbje Privy Council." — Mass.
Archives, vol. 106, p. 3SS.
A duplicate of this letter was forwarded on the sixteenth of October
Here the matter of the accounts both of Andros and Usher seems to have rested until
the first session of the Legislature of 1700-1, when Usher presented the following petition : —
" To his Exiiy Richard Earle of Bellomont, Captain Generall and Governour in Oheife,
in & over his Maj'ys Province, of the Massachusetts Bay in New England, and to the
HonWe Council, & Representatives of the s^ Province now setting —
Tlie Petition of John Usher of Boston in the Province abouesi Esq" —
Sheweth
That your Petitioner, being Treasurer of the Territory & Dominion of New England,
dureing the Goverment of SfEdmund Andross, and until the Revolution, in that Territory,
did advance and pay for publick uses. Several Considerable sums, of mony, more than
what came into the Treasury, The Accompts whereof, his Maj'y was pleased to refer unto
the Examination of the Governour and Council of this Province, with direction, that
paymt Should be made unto your Petitioner, of so much, as Should appear to be due to
him for Ballance thereof
And that Ijy the Report of a Committe appointed by S' William Phips, late Governour,
and the Councill, to inspect & Examin the si Accompts, pursuant to his MajS.^ Order in
Councill, Itt appears that there rests due unto your Petitioner for the Ballance, of his s<^
Accompts the Sultl of Eight hunderd fifty one pounds, two shillings & ten pence which
hitherto remains unpaid, nor could your Petitioner as yet obtain any order or Warrant
from the Goverment unto the Treasurer, to pay the same or any part thereof
Your Petitioner therefore humbly prays your Excellency and this Hon^e Board to take
the premisses into Consideration and to order payment to be made unto your Petitioner,
of the Ballance due to him on his aforesl Accompts
And your Petitioner shall ever pray &c
Jno Vsubu." — Ibid.,
vol. 101, p. 163.
With this petition, it seems. Usher filed an answer to the objections made against sun-
dry items in his account, by the committee of 1694, and adopted by the Council in their
return.
Th? atiove petition was read first in Council. The record of the action of the Board
thereon is as follows : —
" June 27, 1700. A Petition of John Usher Esq"- late Treasurer of his Maj""-' Territories,
and Dominion of New England in the time of S^ Edmund Andros's Government; praying
that the Ball* of his Accompts as Treasurer may be paid him, Together with a paper
[Notes.] Province Laws {Resolves etc.). — 1700-1. 651
presented by said Usher in Answer to Exceptions made to Several Articles In Iiis Accompts
Were read at the Board
Ordered 'J'hat the said Petition, and Answer to Exceptions made to said Ushers
Accompts he Sent down to the House of Representatives, with the reports formerly made
by two Committees of the Board, And tiie Councils Actinj,' thereupon." — Council Rec-
ords, vol. VII., J}- ll'i-
This petition was referred to a committee. The record of the appointment of this com-
mittee, and of the rcl'erence, is as follows : —
"July 9, 1700. A Resolve was Sent \\\> from the Representatives, That Capt Jacob
Green, IVP Isaiah Tay, M'' Samuel Sprai^uo, Capt Bozoun Allen, and M'" James Barns bo
a CoiTiittee of that Ilonse, to Joyne with a Committee of the Board to inspect, and Con-
sider the Petition of John Usher Esq-' late Treasurer of the Territory of New England,
and to make report of their doings to thi.s Session
Which resolve l)eing read at the Board was Concurred with, and
Resolved That Elisha Cooke, Elisha Hutchinson, John Foster, John Walley, and
Nathaniel Byfield Esq" be a Committee of llie Board to Joyne with the said Comittee of
the Representatives for the Service Abovementioned." — Ibid., p. 127.
By the resolve which constitutes this chapter, Usher's account was referred to the
above committee.
Chap. 48. This chapter is from council records, vol. VII., p. 130. It has not been
found in the archives.
The order in Council* for the payment of this allowance was passed July 16, 1700.
Chap. 49. This chapter is from archives, vol. 101, p. 168. It is recorded in council
records, vol. VII., p. 130.
This committee was appointed under resolves, 1699-1700, chapter 21. See chapters 36,
ante, and 57, post, and the notes thereto.
Chap. 50. This chapter is from archives, vol. 121, p. 102. It is recorded in council
records, vol. VII., p. 131.
This committee was appointed under resolves, 1699-1700, chapter 50.
Chap. 52. This chapter is from archives, vol. 58, p. 207. The vote is recorded in
council records, vol. VII., p. 134.
The proceedings relative to the sending this draught of a charter to England have been
narrated in chapters 15 and 43, ante, and notes.
Of the report presented on the twentieth of June by Stoughton, chairman of the joint
committee, the portions relating to the settlement of Harvard College were, with the excep-
tion of the article already given in the note to chapter 43, ante, as follows ; —
" Whereas upon the 15"> of June 1700 A Comittee of both houses was appointed to Con-
eider of what is further necessary to be done relateing unto y« matters contained in the
Adress unto his Maj^, agreed upon by this Court, and to make their report.,, The
Comittee haveing mett Sundry times and Considered of the premisses Doe thereupon
report as followes ;
In the Consideracon of that part of (he address relateing to harvard Colledge at Cam-
bridge, the Bill Ingrossed Last July was Layd before the'Coinittee in the severall Para-
graphs of it and it was agreed,
That The Corporacon, Consist of seventeene persons; viz' a President, vice-President,
and ffifteene ffellowes, to Exercise the powers mentioned in said bill. The names of the
persons to be incerted by the Court,
That The Paragrapli menconing y Qualificacon of Congregationall or presbiterian
^swasion. Be Omitted.
That The Clause provideing That five of the Corporacon shal from time to time be made
up out of the memb" of the Council, Be Omitted,
That The Clause dismissing any Member of the Corporacon for one'yeares absence out
of y« Province, Be Of fTellowes only that are absent without leave of y<= Corporation.
That Any Ten of the Corporacon Whereof the Presid' or Vice Presid' to be one. Be a
sufficient number to make a valid Act,
That Appointing of Tutors, pnrchaseing, selling, or Letting of Lands & Tenem''' and
disposall of the Colledge stock & revenues. Be added to y« Provisoe of Summoning' of y«
Members of the Corporacon by Writeing.
That Noe fellow or Tutor with Sallary be continued in that place, above seaven yeares,
without a new Choice —
That the Lands att Cambridge as discribed. Be flfree from all Taxes, & Rates.
11. That the Visitation Be in His Majesty by y« Govemo'' or Coinand"^ in chief together
with the Council for the time being
13 That No Agent be sent from hence to solicit this affaire ;
If the solicitation in England shall not succeed for obtaining what is expressed relating
to Harvard Colledge,
That then no further proceedings be had thereupon until this Court be first advised, that
so other needful Instructions may be sent from hence —
. _ Wm Stoughton by order
of the Comittee." — Mass. Archives, vol. lOG, p. 473.
This report was taken up in the Council on the twenty-first, as voted the previous day.
The several articles were agreed to with an amendment to the tenth article, qualifying the
exemption therein contairied and extending it to "all personal civil offices, military
exercises, watchings and wardings." An addition to the eleventh article was proposed,
* Executive Records of the Council, vol. 3, p. 135.
652 Peovince Laws {Resolves etc.). — 1700-1. [Chaps. 53-57.]
which constitutes the last clause of this chapter. Thus amended, it was sent down to the
representatives for their conrurrence. On the twenty-second it was returned from the
House with their concurrence in the several articles in this report, and with a different clause
substituted for the addition in the eleventh article, and the omission of the thirteenth
article.
The Council immediately informed the House, by message, "that they insisted upon
their own clause," and on the twenty-sixth, the report was adopted in concurrence, as
already shown in the note to chapter 43, ante.
After the preparation of the draught had been agreed upon, a difference arose between
the House and the Council as to the manner of selecting names for the first board of cor-
porators. On the twenty-eighth of June the House resolved that the nomination of these
persons "be attended this afternoon, and proceeded in in the same manner as the election
of councillors," and sent up this resolve, for concurrence; but the Council voted a non-
concurrence. On the next day the following resolve was passed by the Council and sent
to the Huuse, for concurrence, whence it was returned, concurred in, on the first of July,
with the names of the committee joined by the Hoiise : —
"June 29, 1700. Upon the disagreement between the two houses about the Method of
proceeding in the Nomination of persons for the Corporation of Harvard CoUedge
Resolved That Elisha Cooke, Elisha Hutchinson Sam" Sewall, and John Foster Esq" be
a Committee of the Board to Manage a Conference with a Committee of the House of
Representatives, about that Matter, and to make report there of, The Committees to Sit
this Afternoon, and in Case they Cannot finish, then to Sit again on Munday Morning
next." — Council Recoixls, vol. VII., p. 11 7.
The members of the committee on the part of the House do not appear to have been
appointed until Monday, on which day, in the afternoon, the agreement of the House was
sent up to the Council.
On the sixth of July, in response to a message from the Board, the Speaker and the
House proceeded to the council chamber, and "a conference thereupon was had and
managed."
On the ninth, the House sent up to the Council the list of names inserted as corporators
in this chapter, and, by the same order, a vote that these names be so inserted. In this
the Council immediately concurred. Thereupon the following order was passed : —
" July 9, 1700. Ordered That the Secretary do prepare, and l)ring in the Draught of a
Charter for the Incorporating of Harvard CoUedge Agreable to the report of the Com-
mittee Appointed to Consider of what is Necessary to be done relating to the Matters Con-
tained in the Address to his Maj'y lor Setling the s^ CoUedge Scc." — Ibid., p. 129.
This draught having been thus prepared, was read, first, in the Council, on the tenth of
July, and on the same day it was agreed to and sent to the House, for concurrence. In
the House the draught was read once on each of three succeeding days, the last being the
twelfth, when a vote of concun-ence was passed.
By these proceedings the hopes of the Mathers, father and son, were, for a time, utterly
extinguished.
Chap. 53. This chapter is from archives, vol. 106, p. 474. It is recorded in council
records, vol. VII., p. 135.
This resolve originated in the House and was promptly concm'red in by the Council.
The order in Council* for the payment of this allowance was passed July 16, 1700.
Chap. 54. This chapter is from archives, vol. 40, p. 614. It is recorded in council
records, vol. VII., p. 135.
The order in Council* for the payment of this allowance was passed July 16, 1700.
Chap. 55. This chapter is from archives, vol. 58, p. 209. It is recorded in council
records, vol. VII., p. 136.
This resolve was jjassed, first, in the House, on the second of July. It was concurred in
by the Council on the twelfth, after Mather had consented to remove to Cambridge. See
resolves, 1698, chapter 51, and note.
The order in Council* for the payment of this allowance was passed July 16, 1700.
Chap. 56. This chapter is from council records, vol. VII., p. 136. It has not been
found in the archives.
The order in Councilf for the payment of this allowance was passed July 16, 1700.
Chap. 57. This chapter is from archives, vol. 101, p. 169. It is recorded in council
records, vol. VII., p. 136. See chapter 49, ante, and note; and resolves, 1699-1700, chap-
ter 21, and note.
The report of the committee was as follows : —
" Boston ix New England anno 17<H
Wee y subscribers being a Committee appointed by the Great & Generall Assembly In
July 1699 & by severall Orders continued untill y" \1^^ of January 1701/2 to Inspect y«
accta of debts for wages & service done in y« time of Sj Edmond Andros Government & to
grant debenters on y Treasurer of y Province for payment to all such Creditys as to our
satisfaction shew forth their Claimes to be just & Due which service wee sometimes dayly
but Constantly weekly attended & have used our utmost Care that what was just might
* Executive Records of the Council, vol. 3, p. 135.
t Ibid., p. 136.
[Notes.] Province Laws (^Resolves e^c). — 1700-1,
653
be done therein & here present
have dune iS: y perticnlars will
ready to be seen or delivered u
a Generall account to y- Honourable Court of what
appear in y liook in w'li wee have entered y same,
p as y- llon^ Court shall Order.
Generall Accounts .
Cap.' Thomas Savai^e
Tin;:;
Willard .
Tho ; Iliiu'lmian
Whithrinuton
Lockart & Crosse .
Flood
Minott .
Cutler
Brook held Garrisson
Troopers . . . .
Zacheiy hock Garrisson ,
Cap' Manning
Cap' Smith
Cap' Pound .
Castle Accounts
West Hamshire Acc;ts ,
Lievtenant Jorden .
Capt '
Capt
Capt
Cap'
Capt
Cap'
Capt
Capt
li
£1345 „
£ .20.-) ,
£.ltri ,
£.l()r,„
£ 110 ,
£.1.-)1„
£.104,,
£.207,,
£.18:5,,
£ ..72 „
£
£
£
£
£
£
£
,..4„ =2
...7 ,
...2
".89 ;
,99
,...3 ,
£1.01,,
£ ..10 „
sh
1^-3 „
IS:
11,,
—9
' ,,
=7„
17.
12,
=7„
11 „
10 „
d
4
Hi
lOA
8
3
9
7
2
2
6
li
£1313 ,
£.219,,
£.142,,
£ 1G6„
£ i-it„
£.143,, =4,;
ah
19 „
19 „
H„
10 „
=8.
£ .102
£ .20r) ;
£.183,
£..72,
2
3
6
4
64 =„==8s;,
= £..10,
£
9
£
...2
£ ,
,.87
£,
..20
£
...8
£
.. 3
=8
=6 ,',
=7„
11 „
=7.
17 „
=5„
3"
— 'J I,
11.
1.-.,,
10 „
wee
& is
d
Hi
4
OA
io|
9
9
11
6
2
2
2
3
6
4
li
£2972,, 12
£2909,, =8'
£2972,, 12,
The Summe Total! = £ :.5882 „ == „ 11
7 £2909 „ =8„ 4.
Peter Sergeant
John Walley
Fr;^ Burroughs-"
Joseph Parson." — Mass
Archives, vol. 101,]}. 214.
This resolve was passed, first, in the House, on the second of July, and was concurred in
by the Council on the twelfth.
Chap. .58. This chapter is from council records, vol. VII., p. 138. It has not been
found in the archives.
The order in Council* for the payment of this allowance was passed July 16, 1700.
Chap. o9. This chapter is from archives, vol. 58, p. 209. It is recorded in council
records, vol. VII., p. 138.
See chapters 46, ante, and note, and 88, j^ost, and note. The report of the committee is
given in the note to the latter chapter.
Chap. 60. This chapter is from council records, vol. VII., p. 138. It has not been
found in the archives.
The following is the order in Council for the payment of this allowance : —
"Aug. 5, 1700. Whereas the Committee appointed by the Great & General Court or
Assembly at their Session be.u'un & held at Boston the 20th day of May last, to treat with
Peter Sergeant EsqL for the hire of his house whei-ein his Excell£>' the Earl of Bellomont
lately dwelt, have reported their agreement That the s£ Ml Sergeant be allowed & paid
after the rate of one hundred pounds V annum for fourteen months and a halfe from his
LordP.s entring thereon.
Advised and consented That his honour the Lieutt Governour issue forth his Warrant
unto Ml Treasurer to pay unto the said Peter Sergeant Esq£ Rent for his s^ house for the
space of fourteen months and a halfe, after the rate of one hundred pounds P annum
amounting to the sum of one hundred and twentv pounds, sixteen shillings and eight
pence." — Executive Records of the Council, vol. 3, p. 146.
Chap. 61. This chapter is from council records, vol. VII., p. 138. It has not been
found in the archives.
Bellomont sailed in the Arundel for New York, Jul.y 17, 1700. He died on the fifth of
March, following.
Chap. 62. This chapter is from archives, vol. 70, p. 480. It is recorded in council
records, vol. VII., p. 1.39.
This resolve, which originated in the House and was promptly concurred in by the Coun-
cil and consented to by the Governor, became a subject of contention. The dispute was
concerning the meaning of the grant of one hundred pounds, per annum, to the captain of
the Castle. At the time this resolve was passed, Captain Elisha Hutchinson, who suc-
ceeded Captain John Fayerweather, July 16, 1701, held the position, but on a change of
administration it devolved upon the new Lieutenant-Governor, Povey. By resolves, 1702,
chapter 62, an allowance of two hundred pounds was granted to Povey, as " Lieutenant
Governor, and Commander of the Castle, for the present Year," etc. The following year
an allowance of one hundred pounds only w'as granted, t in words importing that it was
" towards " Povey's "support in the publick Service" in both capacities. The Council,
* Executive Records of the Council, vol. 3, p. 136.
t Resolves, 1703-4, chapter 49.
654: Province Laavs (Resolves etc.). — 1700-1. [Chaps. 63-68.]
interpreting the present chapter as having conferred upon Povey a tixed stipend or salary
as captain oi the Castle, ordered a proportionate sum to be put against his name on the
pay-roll of the garrison, and also issued a warrant to the province treasurer for the pay-
ment of the allowance granted by the resolve of 1702. Upon the repetition of this proceed-
ing in 1704 in payment of the last half year's salary for 1703-4, the House cliallenged the
action of the Council as illegal and a breach of privilege, on the ground that the allowance
voted that year included the Lieutenant-Governor's pay as captain of the Castle and so
virtually superseded the provisions of the present chapter. Further details of this contro-
versy are given in the notes to resolves, 1703-4, chapter 49, and 1704-5, chapter 32.
An order in Council* for the payment of the allowance granted in this chapter, which
fell to Povey as captain of the Castle as well as for the allowance made to him as Lieuten-
ant-Governor, was passed December 4, 1702, and by the province treasurer's accountf it
appears to have been paid.
Chap. 63. This chapter is from council records, vol. VII., p. 137, and archives, vol.
• 106, p. 478.
Chap. 64. This chapter is from council records, vol. VII., p. 139. It has not been
found in the archives.
Chap. 65. This chapter is from council records, vol. VII., p. 140. It has not been
found in the archives.
By the excise act]; of Jnne 29, 1700, "one fit person in each count}' respectively, and
no more " was to be nominated and chosen by the General Court to be commissioner and
collector of the duties of excise. On the fourth of July,^^ Penn Townsend was chosen
commissioner of excise for SuflFolk County. The following extract from the council
I'ecords will explain the passing of the present chapter: —
"July 13, 1700. Penn Townsend Esq'' chosen by the Court to be Commissioner and
Collector of the Duties of Excise granted by an Act passed this present Session, within the
County of Suffolk, declining to Accept that Office, Capt Timothy Clarke was, by Vote of
the Court chosen to the same, who also refusing to accept thereof, the Court proceeded to
a new Election, And thereupon Capt Ephraim Savage, was Nominated, and Chosen to
the said Office Which is Consented to
Bellomont." — Vol. VII.,
p. 140.
Chap. 68. This chapter is from council records, vol. VII., p. 152, and archives, vol.
121. p. 104.
The committee under resolve 1699-1700, chapter 50, having reported to the Lesislature
as required by that chapter, were ordered by resolve 1700-1, chapter 50, to apportion the
expense of rebuilding the bridge over Taunton Great River in the manner recommended
in their report. They accordingly met at Taunton on the sixth of August and, after hear-
ing messengers from the several towns except Dartmouth, agreed upon the following
apportionment : —
" Where as the Great and General Court sitting at Boston the lO'^ ; of Jul v 1700 Did then
and there Appoynt the former Committee Josiah Edson Joseph kent and John hunt to Ije
a Committee to proportion too : each town what they shall pay toward-* the Building of
taunton great bridg at the southerlv part of the towne namly, taunton free town tiuerton
Little Compton and Dart mouth AVee the Committe now being met at taunton the 6 Day
of August 1700 and hauing Discorsed with the messengers of the aboue said townes exsept
Dert Mouth and liauing Considered the premises Doe proportion to each town as folloeth
that is to say taunton to bere the one halfe of the Cherg of sd Bridg and the other half of
the sd Bridg to l)e boarne by freetowne tiuerton Little Compton and Djrt mouth these
foure townes to pay theire proportions of the Charg of sd half of the Bridg as the are
Assest in the prouince tax Last sasions at Boston May 1700 hear unto wee haue set to our
hands the Day and yeare aboue Written Josiaii Edson
Joseph Kext
John Hunt." — Mass.
Archives, vol. 121, p. 106.
The town of Dartmouth, feeling aggrieved at being thus doomed to contribute to an
enterprise in which they were not specially interested, applied to the General Court at the
next session to be relieved of this burden, in the following petition : —
" To the Great and generall court or asseinbly of his majesties province of the massa-
chusets Bay in new England to be holden at Boston on the fiue and twentieth day of this
instant September
Tlie petetion of the Inhabetanc of the town of Dartmouth Humblv Sheweth that we
haueing ben leatly called upon by Tanton men to act with them in Iniilding a bridg ouer
their great Riuer and by them told that we are there unto ordered by a comitie of three
men appointed liy the court to proportion the charg of building said bridg on Tanton litle
Compton Teuerton ffreetown and Dartmouth : we Humbly consciue that we shall be greatly
Ronged and opressed to be forced to be at any charg to build a bridg at Tanton first for
that it is not our Road to anv other town but so Remote from it that divers of our chefe
trauelSrs haue neuer yet seen the place : and in the next place we haue a uery great deal
* Executive Records of the Council, vol. 3, p. 393.
t Mass. Archives, vol. 122, p. 164.
j Province Laws, 1700-1. chapter 8.
§ Council llecords, vol. VII., p. 122.
[Notes.] Province Laws (Ilemlves etc.). — llOO-l. 655
of work to inaUe poo'l tbe country Road tliat leads tbroui^ our own town : and tbat more
then we can well acomplisli to doe: tlio country Road lyin;; at lest sixtcn mills in our
town wherin is four Riuers tbat we make bridpos oucr siiid many ucry Inid swamps tbat
Requier a fireat deal of laher to miiko Ibo way pasable oucr tbem so tbat we Judg we bane
mora work in our own town to make good tbe country Road than they haue in Tanton
proportionable to our people: and that wo should be ordered to bear a f^reat part of tbe
cbargof buildinj^a brids^ at Tanton semes so bard to us tbat we can by no means willingly
comply therto but are Rether willinij to become bound to pay them twenty shillings a maa
for euery man of ours that shall at any time go ouer that bridg and we think they may
bo satisfied with that: and wo pray the generall court to take notes how iinreasonablely
we are Imposed upon in that notwithstanding tbe aboundenc of work wo haue on the
country Road in our own town and tbat litle Compton haue none at all and their proper
Road to Boston lys that way yet we are ordered to bear a greater part of the cbarg for
building said bridg then litle Compton tbe which semes uery unreasonable unto us and
tberfore we pray that tbe Generall court will be pleased to consider therof and to Exscues
us from being at cbarg to help build a bridg that is not like to be any benifit unto us : and
in so doeing you will greatly oblige us your Humble petetioners to scrue and obay all
your Just demands : Dartmouth September the : 17 : 1700 : by order of the Town
Thomas Taber Clerk." — Ibid.,
p. 104.
This petition, together, probably, with the award of the committee, or a copy thereof, was
read, first, in the Council, on tbe fourteenth of February, UOO-1, when the Board ordered
that it 1)0 considered in a committee of the whole Board the next day. On the twentieth
the petition seems to have been sent down to the House with the order which constitutes
this chapter annexed. In the House the order was read the next day and passed in con-
currence.
Chap. 69. This chapter is from council records, vol. VII., p. 152. It is preserved in
archives, vol. 113, p. 259.
Tbe following is the petition referred to in this chapter : —
"To the Honb^B William Stoughton Esq^ Lieutenant Governour and Commander In
chief in and over bis Ma'ys Province of tbe Massachusetts Bay in New England, and to
the Honbie Council and Representatives of the s^ Province, convened in General Assembly.
February 1700./
Tbe Petition of Richard Honnywell of Boston Mason
Humbly sheweth
That your Petitioner having obtained Licence according to Law, for tbe erecting a cer-
tain Tenement or Building with Timber, at tbe Northerly end of the &] Town of Boston,
Did, unadvisedly and without any thoughts of Contempt of the Law in that respect, make
an additional Building of Timber thereunto; for y<= erecting of which his s^ Licence did
not extend, And being presented to the Court of General sessions of the Peace held at Bos-
ton afores'i for the County of Suffolke on the first Tuesday in January last, the sd Court
required your Petitioner to enter into Recognizeanco to pull down & demolish the sd Build-
ing, and your Petitioner did accordingly enter into such Recognizeance.
But forasmuch as tbe pulling down & demoli^ihing the s<i Building will be very mnch to
tbe loss & damage of your Petitioner, And forasmuch also as he hath no reason to think
but he might have obtained Licence for erecting the same as well as tbat to which it
adjoyns, had your Petitioner but made proper applications for so doing, which he neglected
as is before expressed, not out of contempt of the Law or tbe Authority, but merely through
inadvertencv & inconsideration
Your Petitioner therefore humbly prays That this Honi'Je Court would please to make
such order as may discharge your Petitioner from his aforesaid Recognizeance, and that
he may not be obliged to pull down or demolish the aforesd Building —
And yo' Pef shall ever pray &c." — Mass. Archives,
vol. 113, p. 259.
This petition was read, first, in the Council, on the twentieth of February, 1700-1, when
the order which constitutes this chapter was passed thereon and sent to the representatives
who, on the next day, voted their concurrence.
Chap. 70. This chapter is from council records, vol. VII., p. 153. It is preserved in
archives, vol. 70, p. 497.
The following is the petition referred to in this chapter : —
"To the Right Honourable "\Vm Stoughton Esqp LieuJ Gov.r Comandj In Cheife &c:
and to yf Hon'e Councill, together with the Honouie hous of Representetiues, of this his
Maj's province of the Massatusets Bav in New-Eiigland, asembled in Genii Court ffeb:
the twelfth in ye twelfth Yeare of his Majts Reigne, annoq; Domini 1700/1 : The petetio'n
of John Wilson sen^ of Billerica in yf county of Midd^ in yf province afors<J —
Most. Humbley Sheweth —
That Your Hon^s petetionf being caled by Authorety into bis Maj'.' service ags'ypfrench
and Indian Enemy, Eastwd in ffebruary 1691 : vndf tbe coinand of Col : Elisha Hutchinson
as comandf in chiefe, and your pctetion;" was L' vnd."" Capf? Jam^ Convers, but at jf time
of our Mustering at Woobonrne my s^ Capf} was with Cap'" Greenleafe sent out to
strengthen & Encouridg y? frontiers, and Your petetionf pp order from yf coiriand.'' in
chiefe lead away yf companys to yf Eastwd and disperced them pE ordj at Wels Kittree
quocheckaw &c: then was my s"? capt" againe (vnexspectedly) sent awas* further east
in ordf to yf Redemption of captiues &c:"so that your petetionf had the whole charge
and care of the company (which was a very large companey) vntill yf begining of June
* Sic : away.
656 Province Laws {Resolves etc.). — 1700-1. [Chaps. 71-78.]
92 : when yf capt" came to "Wels two or three dayes before y? Indians attack^ ye towne
and sloops '&c. which time yj your petetij had yf charge as afors^ was about sixteene
"Weeks, and being ordered by yp comander in cheife to post away Very often from one
place to an other to look after yp soldiers &c : I was forced to keep A horse at my own
charge, which horse I caryed tVora horn with me, and besides all this trouble and care,
wherein I did yf buisenes of a captj> for yf whole sixteene weeks yf exspeuces of Muster-
ing, and vpon yf March, and from towne to towne and my horse going post to Boston,
ye'service of my horse all suiiaer, and my pocket Exspences were necessaryly more y?
ten pounds, and yet I never had any allowance for all this more ys a L'f pay, If Your
Honr^ pleas to Inquli-e of Majf Convers he can Informe this High and Hon'f Court more
perticulerly for your sattesfaction therein
Your petetionrs prayer to Your Hon^s is yt the premises may be duly considered, and
som meet allowance granted him, yt he may haue yf like Incouragem.' with others in
like case and y.' Your Petetionf may not goe a warfare on his own charge, — so shall he
ever pray cScf ' ' John Willson." — Mass.
Archives, vol. 70, p. 496.
This petition was read, tirst, in the House, on the nineteenth of February, and was referred
to the proper committee, who reported " that there should be paid " the petiiioner, " out of
the province treasury, three pounds for his extraordinary expenses." On the twenty-first
the House passed an order in conformity to this report, which on being sent to the Council
on the twenty-foui'th, was concurred in.
The order in Council* for the payment of this allowance was passed March 15, 1700-1.
Chap. 71. This chapter is from council records, vol. VII., p. 154. It is preserved in
archives, vol. 70, p. 508.
The following is the petition mentioned in this chapter : —
" To the hon^'e house of Representatives for the Province of the Massachusetts Bay in
New England now assembled in Genr" Court att Boston
The Petition of Thomas Jackson of Piscataqua —
Humbly sheweth
That Yo"' Petition" son Thomas Jackson served their Maj'ies in the late Expedition to
Cannada ag' ye Common Enemy, and was Entred on board the six friends the 9tii of July
1690 and continued thereupon untill the Twenty fifth of Novembi^ then next following att
w'^'' time he was discharged into y^ hospitall Ketch which afterwards sutfred shipwreck,
butt y« men being saved by anoth'' vessell yo'' Petitio'^ son among the rest was accident-
ally Carried to Barbados, where according to Informacon they arrived, on or about y
Ninth day of January then following where yo'" Petitio''^ son with others were Impressed
into their then Maj'iia service on board a man of Warr where afterwards he departed this
life.
That Yo"^ Petition' in May Last past Petitioned this hon^'o Court for his son's wages (by
reason he dyed in his minority) and as yo' Petition' understands y« upper house granted
his Petition, w^"* was sent downe afterwards to & for this Lower house's concurrence, who
not then seeing cause to grant the same ; it hath Laine dormant ever since.
Now Forasmuch as y^ ships bookes doth evince it that noe wages hitherto has been
payd for yo' Petition" son's service. And Yo' Petition' being a poore man and in much
want thereof, he humbly prayes that you will please to Consider the premisses, soe as that
he may have some order passed for the receiveing of s'' wages.
And Yo' Petition' as in duty bound shall ever pray &c — •
Mem^ one M' Bedloe mate of y® vessell that Tooke up the men from yi' hospitall Ketch
and carried them to Barbados affirmed that y^ men were there Impressed into their
Majtii^s service as above is declared." — Mass. Archives, vol. 70, p. 507.
With his petition Jackson filed the following certificate : —
" Boston July ye first 1700
These are to sertife \\ Thomas Jackson Copers-Ma? was Entered one board his Mats
Hiered shipp y« six frinds July, ye Qtii 1690 & Continued in said shipp till ye 25"» of
nouember following; at which time, he was discharged into ye Hospitall Ketch Mary
ann ; by reason of sicknes ; his name stands oppen in ye ships book now in my hands,
but whether aine tickett has bene granted, by aine other I know nott/
his name in ye Booke Is n? 45 Gregory Suger." — Ibid., p. 509.
These papers appear to have been read in the House on the nineteenth of February,
1700-1, and referred to a committee who reported that six pounds ought to be paid the peti-
tioner and accordiui^dy, on the twenty-second, the order which constitutes this chapter was
passed in the House, and on the twenty-fifth it was concurred in by the Council.
The order in Council* for the payment of this allowance was passed March 15, 1700-1.
Chap. 72. This chapter is from council records, vol. VII., p. 156. It is preserved iq
archives, vol. 40, p. 647.
Chap. 77. This chapter is from council records, vol. VII., p. 166. It has not been
found in the archives.
The order in Councilf for the payment of this allowance was passed August 1, 1701.
Chap. 78. This chapter is from council records, vol. VII., p. 167. It is preserved in
archives, vol. 70, p. 506.
* Executive Records of the Council, vol. 3, p. 186.
t Ibid., p. 227.
[Notes.] Province Laws {Resolves etc.). — 1700-1. 657
The following is the petition mentioned in this chapter : —
" Province of y" | ^^ ^-^^ ^r HonWc yo L' Gouernour & Councill
Massactiusets isay l ^ Representatiuos'in' Generall Court assembled
m New^Lngland// j ^^ ^^^^^^ p^^^.^- i-Qy/^^l
The Humble Peticon of John Ellenwood of Beuerly in y« Countey of Essex in s^
Province
humbly shewetli
That whereas your poordistrest petitioner was in y" latter End of y« first Indian Warr
viz al)out yv yeare of Our Lord God 1G7() Imprest & sent to y Eastward as a souldier in
yt- Countrey service against y" Indian Enemy & in y Towno of Wells Ijeing then vnder
y« Comaiid of Cap' Frost & Leiu' Sweat your peticoner was sorely wounded in my right
hand my fore finger being shott away & y" rest of my hand so greiuously shattered &
Torn & bones l)roaken y' it hath been thereby rendred almost altogether vselcss Euer
since Whereby its very difficult for me to provide for my wife & family haueing 6 Chil-
dren which otherwise were my hand well with y l>lessing of God I could Comfortably doe.
Wherefore your supliant prays that this Honi^l" Court would Consider otf Ik Compas-
sionate my sorrowfnll Condition & Either allow me some small yearly stipend or some
Certaine summe towards my Releife as in yo'' wisdom you may think best. Yo'' peti-
tioner doth Gratefully acknowledge that some small Matter hath been done for me for-
merly which hopes may not hinder something further being done & yo'' petition^ as in
Duty Bound shall allwaes pray &c Marke of
John A Ellenwood." — Mais.
Archives, vol. 70, />. oOo.
Below this petition the following certificate was written: —
" Wee y« subscribers being souldiers at y« same time with John Ellenwood doe Certify
yt to our Certaine knowledge he was wounded as abouesfJ as witness our hands, this.
Feb. - 1700/701 his mark
Thomas f Parlor
Samll Collins." — Ibid.
The following certificate was endorsed on the petition : " Henry Herrick Constable 1680
In the year — UiSO 1 heard Hennery Herick Constal)le of Beuerly say that he payed forty
shillins out of A countery Rate to this petitioner John Elenwoord By me
Roger hascoll." — Ibid.
These papers were read, first, in the House, and referred to a committee, who reported
that the petitioner should have the relief granted by this vote. Accordingly, on the
eighth of March the vote which is incorporated in this chapter was passed, and" was con-
curred in by tlie Council on the eleventh.
The order in Council* for the payment of this allowance was passed March 15, 1700-1.
The treasurer's accounts! show the payment of one instalment of the pension.
Chap. 79. This chapter is from council records, vol. VII., p. 169, and archives, vol.
101, p. 179.
The following is the petition mentioned in the preamble to this chapter : —
" To the Honored Leift',' Governo; Councill & Representatives Assembled in Generall
Court February. 12':" 1700/1 The huml)le Petition of James Russell Excecuto'' to his
Honored ffather Richard Russell Esq'' Late Treasurer for the Country, humljly Sheweth —
That whereas my Honored ffather Richard Russell Esqr was Treasurer for the Massa-
chusetts Collony above Thirty Years & Died in their Service in May l'i76. being the Time
of the Indian "\Varr, & Stood Charged with Eleven Rates in Country Fay Amounting To
£15351'', , OS „ lO'': as also with Customes & Excise which he Gave the Country Credit
for 1226'',, 18»'„ I'' Also for Severalls Returned To him on the Issue of the Dutch Expedi-
tion in. AiDW : 1674 : & disbursm'* by him Amounting To 942'*: 18« „ 4"* all which Somes
w'h other disbursmeuts Amounted to : 19221«:2s rG'' : which were all Allowed of by A
Committee Appointed by the Honored Gener'^ Court To be Paid by his Said ffather, &
his Excecuto' James Russell as of Record doth Appear ; and there was on the Issue of said
Acco'ts due to James Russell as Excecuto.i" to his said ffather, the SoiBe of :514« „ 4« „ 7<i:
deducting 205'' : out of What said Russell Charged for his honored ffathers Trouble &
charges Accepting £150": which was all that was allowed vpon all Accompts, as •P'
Record herewith p'sented doth appear; After which said Russell presented Two Petitions
To y« honored Generall Court, (one in 1676: & the other in 1677:) refering to y
Premises, and for a Committee to Inspect his remaineing Accompts, wch were Never Yett
Considered; Nor fTarther moved by yC Petitioner as he knows of His fformer Petitions
being so Little Regarded, becaus of the Great Burden y', Lay vpon the Country by
Reason of the warr ; and the accompt was then Entred in my honor^ ffathers Country
Book to be p.'sented in a more Convenient season, which Thorow: divine Goodness wee
are now arived at; God haveing now given the Country peace, and Ability to pay all
their old Debts ; and they have also Manifestd Their Justice in Sattisfieing old Arrears due
in the Time of Sr. Edmund Andros his Government, and Grattifieing ofhers for fformer
Service doiiiie, w^h Encorages mee to seeke after my Just due, (my honored ffather not
Liveing to demand it;) and I his Excecutoi have not, as Yett had one penny for my sd
ffathers Transacting the Countryes Business, from Octob'' 1673 : To May : 1676. nor any
Consideration for loss and Damage on abovj 19000'' : Acco^^ as Appears by the Accompt
now herewith presented, which Yof Petitioner desu-es may be Considered, Togeather with
* Executive Records of the Council, vol. 3, p. 186.
t Mass. Archives, vol. 122, p. 166.
658 Province Laws {Resolves etc.). — 1700-1. [Chap. 80.]
his former petitions, and the Accompts of what he paid After his flFathers deceas, as also
the allowance of Interest for 200" : Money Taken vp to pay the Sea-men, & Vessells on the
Duth Expedition In 167^: which I have paid Interest for, ever since, & have been forced
to Change the Credito's, w^h has been very Troublesome & afflictive to mee, & Still con-
tinues so ; Also the Loss vpon Rates That I could never gett, Amo^ to about 300" : and
Loss on Cap^Hudsons Debt being about 390"; great part whereof did Arise vpon his
di'aft Raised from 30": to 50" : t^ Annum, which j^ Country Ought To Bear at least one
third of; My honored ffather haveing paid the Country & lie Could not gett it; all which
Togeather with Losses, charges & other Damages, I desire may be referred to the Stand-
ing Committee for Debenters or whom this honored Court shall Appoint that so this
Affair may be settled and my Just dues paid referring to the premises. — .
Also Your Petitioner was Chosen Treasurer for ye Country in the Year 1680; and so
Successively fflve Years togeather, duremg which Time, according To Ord's fFrom y Gen-
erall Court, he Issued out Warrants for Nine distinct Taxes Amounting to in Mony
£9449": 17«:11<': & in Country pay £7972": 123: 4<i: and also Received in Customes &
Excise £3018" : lis ; \a, . xhe whole of y« Acco'ts he Transacted Amounted to £20441",,
1«„ .4<*: for wch soiue he Accompted, and was Nessessitated (in order to procureing dis-
charges from the Country, the Times l)eing hazardus) To take all the Arrears of Rates,
& Losses thereby vpon himselfe, considerable part of the same being then Standing out;
he was also ordered to Borrow 200" : in mony for the Country on the Accompt of Sup-
plying our Agents in England &c. And Cap't Hull the former Treasurer ordered him to
pay 100"': of an Orphans money he borrowed for the Country, which the persons Con-
cerned pfswaded said Russell to give his own personall Obligation for Rather, then to
Take the Countrys Creditt, and so Left it in his hands, which he Could not dureing his
Treasurership Clear, So much of y« Rates being paid in the worst of Graine or Lumber
yt was most vnsaleable, So he was iforced to pay Interest for the Same, & for part of it,
Interest vpon Interst Till this day Not being Able to pay the principle, in regard he tooke
all the Country pay on his own Accompt, & Could not Turne it into Money. And of So many
Losses he has Mett with by Sea & Land, and som Occasioned by j" Death of Sundry per-
sons [y'*J owed Considerably, and also by the Change of y Government, & by the Late
Warr ; and notwithstanding The Trouljle & hazard Your petitioner did Run ; the Allow-
ance the Country made was So Inconsiderable as made him petition to be ffreed from his
Treasurership After flour Years Experience; I haveing perused my Books of Late & find
for my Five Years Service & hazard & Loss in Country pay and Rates not reced, butt,
£.497"': 173,, 6^; and 1 was forced to Take Severall p'cells of Land, & Cattle & horses,
on which I had considerable Loss, and there are Several} Towns Yett in my Debt, on y"
Said Accotts which I could Never Gett; 1 was Also chosen A Magistrate in y>= Year 1689 :
& served the Country Three years in yt Capacity in the Generall Court & Councill which
in regard of the Distressing warr. Called for So much Attendance, at all Times & Seasons,
and my Sonn Richard who was Serviceable in my Shop, was Taken away By Death ; so
that I was forced to Leave It to a Careles Youth which Proved Extreamly to my preju-
dice, for wqh I have had no Consideratio So that I can Truely say my honored flathers &
my own conciencious Zeall in Serveing our Country above ffivety Years in publick stations,
has been Extreamly to our prejudice, and is like to be ruinous to your petitioner, if the
Justice of this Court do not prevent it In- ordering Sutable allow-ance for & y« Paym^of
what has ben so long since disburs'i for y« Country in their Extream Necessity, & also for
Service done for them; According to the present allowances that are made for y Like
Services by This Honored Court. & So Yoy petitioner shall Ever pray for Y'^o'' prosperity
who Remaines. Yoj. Humble Serv'.
J-i. : RissELL." — Mass.
Archives, vol. 101, p. 177.
The order passed on this petition was read, first, in the House, on the twelfth of March,
and un the next daj'f it was concurred in Ijy the Council. See, further, resolves, 1701-2,
chapter 18.
Chap. 80. This chapter is from council records, vol. VII., p. 169. It is preserved
in archives, vol. 40, p. 669. See notet on p. 8, a?j<e.
The following is the petition referred to in this chapter : —
"To the Hon''^''' the Leiu* Gov Council and house of Representatives for the Province
of the Massachusetts Bay now Conven'd in Generall Assembly in Boston
The Petition of Benjamin Church of Bristoll in the County of Bristol in behalf and att
the Request of Daniel Wilcocks formerly of Tiverton now resideing att Rhoad Island.
Humbly sheweth
That Whereas the sd Wilcocks was formerly fined l)y sentance of Court the stimme of
One hundred and fifty pounds to his Maj"" & hath neglected and refused to pay the same,
till poverty and old age is come on him cS; his family, and his wife being now mad and
distracted, w^n hath occasioned yo' Petition-' to p^sent the said Wilcocks proposall to this
high and honi^''' Court, for satisfaction of said fine in ord"^ to his peaceable returne to his
Family att Tiverton. Which is This viz" That if the said Wilcocks doe Give a firme deed
of Sale to the Province as yo'' hon's shall du-ect of the severall Tracts of Land hereundf
menconed That is to say, an One hundred and twenty acre Lott being y« fourteenth in
Ntmiber. and one Forty acre Lott being y« second in Number as appeares on Record in
the purchasers Booke of record in Tiverton, and a Thirtyeth part or whole share of a
tract of Land that is undivided belonging to Tiverton, bounded as foUoweth viz' South-
erly by the Lands of Dartmouth, West by Lands of tiverton & flree towne and Northerly
by Lands of Middleborrougli extending East to a place unowne by the name of Qitticus.
* Manuscript mutilated.
t Upon the original order the date of the Council's concurrence la given as the eleventh, but In
the council records ilie date is given aa above.
[Notes.] Province Laws {Resolves etc.). — 1700-1. 659
That then upon coiupleateing y said Deud accordinij.to Direction the sd Wiicocks may
be sett att Liberty to goo homo to his Distressed trainily.
And yo'' i'otitio' as in duty hound shall prav &c." — Mass. Archives,
vol.40,p.6G9.
On the eleventh of March this petition was read in the House, a first time, and the resolve
which constitutes this chapter was passed thereon and sent up for concurrence. On the
thirteenth it was concurred in Ijy tiic Council.
The incidents which led to tlio passage of this chapter have been partly described in the
note to resolves, IG'JO-T, chaptpr 64; but they are sutliciently interesting and important
to be more fully narrated liere.
The patent issued by the Council of New England, January 13, 1629-30, granted to
William Bradford and his associates of the colony of New Plymouth, territory bounded
by the " llivolet or Rundlett . . . Coahassett alius Coiiahasset, towards the north" and
the Narragansett Iliver "towards the South," and extending, within those boundaries
(from the ocean on the east), on straight lines, "directly . . . upp into the maine Land
towards the West, from the mouth of the said Kiver called Sayrarjansetts River, to
the vtmost Limitts and Bounds of a Cuntry . . . called I'okenacutt, alms Soioamsett,
westwai'd."*
Though, for want of geographical knowledge at that time, the direction and location of
these boundaries do not correspond with what is now known of the position of the countiy,
they were sufficiently definite to warrant the colony of New Plymouth in laying clami to
all the territory included in the present townships of Little Compton, Tiverton, and Bris-
tol, and the lands north and east of this territor}- anil south of the Massachusetts line.
The united settlements of Providence Plantations, Aquidneck,and Couanicut had formed
a local government which had been recognized by the crown, in patents or commissions ;
but the dominion of Providence Plantations was founded in occupancy, with the consent
of the Indians, and was gradually extended over adjacent lands claimed by New Pl.ym-
outh or Massachusetts — a claim, however, not jealously maintained against their English
neighbors on Narragansett Bay. Upon the receipt of the royal charter of 1663, the Rhode
Island government found that, by the form of their grant, they were entitled to a strip
of land three miles wide on the east of the eastern branch of Narragansett Bay including
Seaconnet, or Little Compton, Tiverton, and Bristol. This claim they sulimitted to the
lioyal Commissioners, in 1665, for contirmation ; but the latter, finding the claim of
New Plymouth to this territory presumably valid, declared in theii' report to the Earl of
Arlington, secretary of state, that they had established Narragansett Bay as the true
bounds between the colonies of Plymouth and Rhode Island, " till his majesty's pleasiii-e
should be known." On the union of the colonies of New Plymouth and Massachusetts
Bay under the province charter, therefore, the laws enacted at Boston were put in force
with customary rigor.
The leading settlers of this territory emigrated from the towns of Plymouth and Dux-
bury, carrying with them the faith and discipline of their fathers ; but the proximity of the
place to Rhode Island and Providence Plantations, which had long been a sanctuary for
all sorts of dissenters from the established order of civil and ecclesiastical discipline in the
Pilgrim and Puritan commonwealths, had drawn in some Quakers, and numerous repre-
sentatives of several kinds of Baptists. The rigid enforcement of the laws of Massachu-
setts was exceedingly obnoxious to these dissenters, who had become accustomed to a free
and easy course of living, under laws to which they submitted only when it suited their
humor and convenience. It would seem that the most intolerable burden which the new
laws imposed upon them was the provisions for coercing them, by taxation, to support
"an able, learned and orthodox" ministry, and to contribute to the building and repair
of meeting-houses for the orthodox worship.
It also appears that Christopher Almy, or Amy, one of the settlers of Pocasset (Tiver-
ton), had conceived the idea of extending the jurisdiction of Rhode Island to the boun-
dary line which had been rejected by the Royal Commissioners. Almy, who, with others,
in 1679 or 1680, had signed an engagement to the General Court of New Plymouth to
settle and support a minister for the two adjoining plantations of Seaconnet and Pocasset,
had joined the Quakers, and had become a political leader in Rhode Island. It is evi-
dent that a principal, if not the only, motive for this attempt to extend the bounds of
Rhode Island was to secure exemption from taxation by Massachusetts. Almy's chief
coadjutors in this scheme were Daniel Wilcokf and Henry Head, of Little Compton, who
had been chosen deputies from that town to the first provincial assembly at Boston, where,
probably, they hoped to be able to give more efficient aid in procuring the consent of
Massachusetts to a separation.
These associates, however, first applied to the Assembly of Rhode Island, as shown by
the following petition : —
" To ye Honoured Gou'' Deputy Gov" Assis'.s & Deputies The Countrys Representatives,
now sitting in Court in providence this 26 oct : 1692
Honoured Gentlemen wee haveing been lately Informed yt m' Jo" Saffln & others
Intended to erect & hold court at this town of Little Compton, did immediately vpon
notice thereof desire our ffreinds and neighbours Capt: Christopher Almy & Capt: Tho:
Townsend or either of them to acquaint ye Honourd Gov & Assis'* on ye Island with
the same, yt soe if they did see cause there might he a prohibition sent to forbid any such
yt should presume to hold Court there it being within the bounds of y majesties Collony
of Rhoad Island & providence plantation of w^'' wee lookt at our selves members, & ye
Gov not being in ye Colony at yt time ye sd Capt Almy acquanted m"" Caleb Carr with
ye matter & he was wiUing if any two of of J the Assistants would Joyne with him soe ye
sd Almy went to m"" Benedict Arnold & he sd he was not willing to Joyne in such a thing
at present but rather leave it till ye Assembly sate Then ye sd Almy went where m^
* Hazaid'a Historical Collections, vol. I,, p. 300.
t So written by himself, but, by others, Wilcock, Wiicocks, or Wilcox.
i Sic.
660 Province Laws (i?e.so?yese^c.). — 1700-1. [Chap. 80.]
Thurston & m'' Slocomb & m'' John.Easton Jiin'' was together & declared his buisness to
them, & they refused to act in ye premises for reasons best known to them selves w<='' put
our good Ifreind Capt Almy to ye trouble to travel to providence cS: Warwick to ye Hon''
Deputy Gov major Jo" Green & m'' Stephen Arnold & m'' Ben : Smith Assis" who s"i vpon
such information & complaint as was then exhibited by ye s'' Almy on our behalfes & his
own they could not deny sending a prohiliirion for ye "prevention of such matters vntil
their majesties pleasures was farther Known in yt cause w^^i' was l>r<)Ught to vs by our sd
fiFreind Capt : Almy who informed vs yt ye general Assembly was to sitt ye 26 of this
Instant oct: & intended to send a man ito England with an address to their majesties for
a (,'onfii-raation of y Charter & was gathering moneys by a tfree Contribution towards ye
charge thereof Gentlemen wee shall be willing & ready to bear our equal proportion of
to ye vttmost of our Abillity% provided yt wee may be owned & protected in all things
lawful! within tSt by yt Goverment & &* if you please to appoint a suiweigher to run ye
line on ye east side according to charter wee will be at ye charg thereof yt our East line
or bounds may be Known & what else may arise in order to this our petition wee leave
to our Trusty tfreind Capt Almy to speak to as occation who intends to be present at your
sitting Subscribed bv vs for our selves & in behalfe of the rest of our neighbours in
Little'Compton28Sept: 1692 daxiell wilcoks
Henry Head
Dauid Lake."— Ibid., vol. 2, p. 60.
The order passed by the Assemlily upon this petition was as follows : —
" In Answer to the patition of diners persons Inhabitants of little Comton conserning
Runing the line on the Eastorly bounds of y« patten & Apoynting a sorueyer for that End
& porpos and that the said inhabitants of little Comton will be at the Charge ther of this
Assemly haueing taken the mater in to theirs serious consideration & finding that the
Royall patten granted to the inhabitants of y masetusets l)ay it is bounded on their
mages'ys Collony of Rhoad Island and prouidence plantations and the Eastorly bounds
ther of being the westerly bounds of said prouince of the masatusets bay by their
maies'y* desistion Therfore for y prouention of discord that may Arise be twext their
majes'y said collony & prouince for want of Runing the line ; it is ordored )»y this
Assemly that the i)atitioners Capt Christofor Almy daniell willcoks henry head & daued
Lake in behalfe of them & others doe with all couuenient speed Imploy John smith
surueyer to Run the line of of* the Eastern liounds of y« Royall patten of the collony
of Rhoad Island & prouidence plantations Granted Ity his late majes'y king Charls y«
second of blesed memory According to said Chartor always prouided it he peasably done
with out force or uiolence in y" Execution ther of; and y" palitioners to he at the charg
therof
it is further ordored that A few lines be drawn up to send to his Exelecy sir william
phips Gouenor to signify that for the preuention of discord l^^twixt the Collony and
prouince we haue ordored the said bounderys to be Run that thay may not Ignorantly
intrud on Each other." — Ibid.
Thereupon, Governor Easton sent to Phips the following notification of the foregoing
proceedings : —
" Honored sir this is to informe you that Cap' Christopher Almy and some of the
Inhabitantes of litle Compton havinge petitioned the Asembly of this their Majesties
Collony of Rhode Island & Pi-ovidence Plantationes now sitinge that the Lines of the
Eastern lioundes of this their Majesties Collony may bee run liy a surveyor — The Asem-
bly takinge the mater into their serious consideratio & findinge that the Royall Charter
gi-anted to the Inhabitants of the Province of the Massachusets Bay is by their Majesties
apointment bounded partly on this their Majesties sayd Collony therfore for the preven-
tion of discord that might arise by reason of the uncertainty of the boundes this Asembly
have ordered John Smith surveyor to bee imployed to run the lines of y° Eastern boundes
acordinge to ye Charter with all convenient speed, And therfore have thought fit to
acquaint vou therwith that if it may bee there may bee a concurance therin that each may
knowe their certaine botmder if you please to apoint any to see y same — the time apointed
if weather hinder not is the 14'^ of November next at the house of Thomas Kinge neere
Assonet, & so wee take leave & remaine your servants wherin You serve their Majesties
By order of the Generall Asembly of their Majesties Collony of Rhode Island & Provi-
dence Plantationes Sittinge at Providence October the 26"' 1692
John Easton Go"." — Ibid., p. 61.
The scheme was promptly and vigorously opposed l)y the Governor and Council of
Massachusetts, as appears by the following entry in the executive records : —
"Nov. 2, 1692. His Excellency laid before the Council, a letter he had lately received,
signed John Easton Governour by Order of the General Assembly of their Majesties
Colony of Rhode Island &C'i importing, that upon the Petition of Christopher Almey and
some of the Inhabitants of Little Compton, they had Ordered John Smith Surveyor to be
imployed to run the lines of the Eastern bounds of that Colony on the 14ti> currant, at
the house of Thomas King near Assonet, a place lying considerably within the bounds of
the late Colony of New Piimouth, now part of this their Majtl^s Province.
Advised. That his Excellency do forthwith dispatch a letter to the Government of
Rhode Island to forewarn them and forbid the running of any such line, & that Elisha
Hutchinson and John Walley Esq^f be desired to goe to the place at the time appointed
to prevent and hinder the attempting of the same. And likewise that a Messenger l)e
sent to Little Compton to take into Custody and bring to Boston before this Board the
B^ Christopher Almey Sen^, Daniel Wilcox and Henry^Head, Inhabitants of Little Comp-
ton to give an account of their doings, referring to severall complaints that have beeo
made against them, for opposing of their Majtip? authority and Government here Estal)-
lished, and the Orders of the same. William Phips."— Vol. 2, p. 199.
• Sic.
[Notes.] Province Laws {Resolves etc.). — 1700-1. 6(51
This led to further correspondence, wliieh will appear with the resolves, orders, etc.,
rclatini^ to the establishment, etc., of towns, etc.
In tlio mean time the inossenL^er sent to arrest Alray and his associates had met with
such active and violent resistance by the throe whom ho was ordered to arrest, and by
their accomplices, that he had been nnablo to execute his warrant. This havin;,' been
coinmunicate<l to the (jrovornor and ('ouncil by Elisha Hutchinson, one of the commirtee
sent to prevent the inTijioscd runninjj of the boundary, and the charge against the otfenders
of publicly littering mutinous and seditions words being supported by the deposition of
Major Benjamin Church, another warrant was issued fur the arrest of the three, and com-
mitted to Samuel Gookin, as messenger, who was required to take with him a suffici'jit
force to cnal)le him to execute the same. The record of the order in Council for this
proceeding is as follows : —
"Nov. 2(5, 1G92. Elisha Hutchinson Esq^s Reporting to the Board, the Insolent and
Rebellious (carriages of Christopher Almay Sen;; Daniel Wilcox ami Henry Head of
Little Compton with their accomplices, in opposing and resisting of the "Messenger
Impowrcd by his Excell^^ warrant to take them into Custody ami to Itring them to
Boston, to give an account of ttjeir doings, referring to severall Misdeme;niours, whereof
they wcie complained; having assemt)led a considerable number of lY'ople, with Clubs
and Staves in a tumultuous & I'iotous manner to joyn witli and Abet them : The Testi-
mony (jf Major B>3njamin Church l)cmg also produced of mutinous, seditious, and
Rebellious words, publickly uttered by the said Almey against their Maj'i£? authority
and Government.
Ordered. That a Warrant be made out unto Mi; Samuel Gookin Messenger, takcing
•with him such assistance as shall be necessary to seize and take the said persons with
their accomplices, and to bring them befoi'e this Board, to give an account of their said
doings & what else shall be objected agf^ them on their Maj'is? behalfe.
WiLLiAJi Vnivs:' — Ibid., p. 204.
The following is the form of the warrant: —
" Sj William Phips Knt Captain General !k Governoj in Chief in and over their Ma';e»
Province of the Masssachusetts Bay in New-England
To all their Ma^i^^ Justices and Oliicers Civil and Military within the Countys of
Plimouth & Bristol, to whome these presents shall come or may hear the same read Greet-
ing &2; Whereas Christopher Almy Senf Daniel Wilcox, Henry Head, William Briggs
and other their Accomplices, Inhabitants of Little Compton, stand accused of sundry
high misdemeanours, and some of them for uttering mutinous seditious and rebellious
words against their Ma'^i^s Authority and Government; For which warrant is granted
forth by my selfe & Council directed unto mf Sami.' Gookin messenger to take the bodies
of the said persons and to cause them to be brought; to answer for their s^ Crimes. These
are therefore in their Mat'.es names to will and Command you and every of you respec-
tinely to I'equire and give such Assistance unto the said Messengr in the Execution of
the said warrant as he shall desire, and may be necessary & effectual for the Seizing and
takeing of the said persons or any of them, & convaying of them to Boston hereof faile
■not as you will answer yo' neglect at yo.r utmost peril. Given under my hand & Seal at
Boston" the 28'h,day of NoVembr 1692.' Iii the tfourth year of their Ma'i/s Reign.
W[illiam] P[hipsJ." — Mass.
Archives, vol. 40, p. 275.
At the same time Phips wrote as follows to the Governor and Council of Rhode Island
and Providence Plantations : —
" Gentlemen
I Expected by what I received in a letter from yc Governour That the Caution and
forewarning wi;ii I lately gave you against your preposterous motion for the running of a
line within the boundaries of this their Maj'ies Province should have had that Effect as to
have caused .vou Authoritatively to have forbidden the attempting of the same, and not
inconsiderately to be hurried into any mischiefs or inconveniences by the rash and Sordid
humours of some giddy & brain Sick fellows, imagining to justifie their tumultuous and
riotous Actions, by the Countenance of your Authority, which will prove vain to shelter
them against the just Censures of the Law. I have received Information and Evidence
will be produced against Some of those Bravado's that they have publickly uttered Muti-
nous, Seditious and Reljellious words and Speeches against their Majti.cs Authority and
Government, for which they must Expect to be Called to answer, And I have granted
out a Warrant for their apprehension, particularly Christopher Almy Seni^ Daniel Wilcox,
Henry Head, and William Briggs Inhabitants of Little Compton within the County of
Bristoll and others their Accomplices, who possibly may think to Escape by flying over
within the Limits of your Government If any of them should so do, I reasonably
Expect, that none of their Maj'ies Governments be a Sanctuary for Such Criminals, bat
that you forthwith will cause them to lie taken into Custody, and Safely Conveyed &
Delivered unto M' Samuel Gookin the Messenger whom I now Send, or to some of their
Maj'J.es Justices or other Officers within the County of Bristol to be by them sent to Boston
as you tender your duty and allegiance unto their Maj'jes If otherwise you shall Connive
and harbour any such offenders, you will do well to Consider what Resentment their
Maj'ies will have thereof when it shall be layed before them, but perswading my Self yoti
will be better advised than so to act I am
Yor friend
Boston Novo 28. 1692— W[illiam] P [hips] ." — /fittf .,
vol. 2, p. 62.
To the foregoing letter the following reply was received : —
"Sir —
we hoi)e we shall haue noe cans to sheltor Any here : that you claime to be your
inhabitants of litle comton Against their being Accused by you for what is crimenall con-
trary to their majes'ys laws
662 Province Laws {Resolves etc.). — 1700-1. [Chap. 80.]
but Cap"> Christofor Almy is an inhabitant of Rhoad Island and we conclud that he
being here that he should only be prosecuted in our Jurisdiction how Euer he may be
charged by Any of our neighboring collonys./.
our Assemly haizeing Ahedy sent A Letter to your Gouenor : which we know was not
Receued when he writ his to our Gouener & councell y« 28'*> of noumr 1692 So we thinke
this is all y' is needful! at present John Eastox Go"
Eduard Hurst Ast
This 3 day of decemer 1692^ Benedict Arnold asist
John Easton Assis'." — Ibid.
Gookin's demonstration did not succeed as is shown in the following narrative of this
expedition, which he sent to the Governor : —
In %>suence to yo'' ExceJency^ Comand, Being Accompaned w"> a bout Twenty Men I
Trauelled the first night to Bridge water, were w"' much difficulty and wintering the next
day was Strengthened w"' 8 men more I marched to Tanton, where I found Cap' Leonard
very Ready to assist me But his men as vnwilling yet he did w"> more difficulty p'cured
18 men poorly appoint w"> amunition some haueing not one Charge of ponder, But not
w'^standing many discourgements I marched To Litle Compton uud assoon as we Come
vpon the Hill on ihis side the ferry being discouerd By Some on Road Hand Side there
was 2 Gunns tired wth a great Shoote of people. But -Pceeding on to Eatons on Litle
Compton, where we quatred on frieday night Being accompaned wtii Cap' Leonard and
met wfli majo' Church and Justice Church and aduiseing w'l' them (who where faithful!
and kind) wt Respect to the work of the morrow, w<^'' was to Effect my Errand w^^'' your-
Excell^': And Hon'' Councell Sent me about and By Inquiry perceiuing the Reljbells
were gathered to a Conciderable head at one heads House I fitted my Company for to
Seize the delinquents the next moritig Being Satterday as I was mouiitmg I was Informed
they were moued to wulcox were we found them, and di'awing vp my troop and Sur-
rounding the house, appointed a Guai d At the fore and Back dore : I looked In at window
I tould ^hem my Buisnes and Read yo"' warrent to them and demd* som of the Vnple
delinquents andgaue them halfe a quarter of an Hour for their answer, who did Reply
wtii many prouokin Expresions as Could Be vttered By diuillish and desparate men the
time Being out I Came to a determination to Break open the front dore w"' a g' Stone wch
occasioned to oflfera Siiot at me out of the window near me But did not shoote Those
that were of my Guard. was most of them litle Compton and Tanton men who proued
Backward to assit me, tlie ■PSons w"'in Being too Strong Shutt the dore agst me I am
Jealous Some of my Tanton and litle Compton men was Couardly or Trechorus, S'' By
my own obseruation and other we Count there about fourty men In tlie hous and almost
so many vnder fences and other places about y thet House, I was So provoked that I
Threatned. them to fire the Hous w^'' occasioned Seauen of the men to desir to Come out
who did wtii a Ladder from the Chamber window who did Inform vs that there was fourty
men In the Hous well armed and Resoulued to dye (.ther Base Behau'' my Leiu' Arnold
will Inform you more p'ticularly I haue Had the Company and aduice In all my actions
of Cap' Leonard Justice Church and maj'' Church) and we doe Conclude that they are soe
desparate that ther need fiuety Resoulued men to Subdue them more then we haue, for
my own part I doe Beleiue there must Be an Effusion of Blood Before they Be subdueed
and I am willing to Spare Some to Effect it, you'' Excelleny^ Gouermt will be much
weakned if the Kebbells Be not suppresed, But Relferreing the ■Pmises to yo'' Excellcy
wisdom I Subscribe Yo'' Excelleny humble Serut Sam'-i- Gookin
I pray your Excellncy If you Improue me further that I May Haue Resolued men and
a Larger warrent and not notf only Be sent Like i^ap' prentice Negro of a Message
Litle Compton December 3 1692." — /iirf., p. 64.
Walley gave further particulars, and offered some advice, in the report which he made to
Phips, as follows : —
" Bristol ye 4"> Dec : 1692
May it please your Excellency
The Ace" of ye present disapointmen[tt] of ye persons sent vp to Little Compton you
have had an Ace" off from m-^ Googin, y[et] winds kee|jt our fferry Boat from passing yt .
wee had not an Ace" of yt affair vntil the Sabbath evening. I was soe far sensible of the
resolution of the delinquents & y numbers yt when I heard there was but about fivety
men came vp I was doubtfuU of the event, There is a necessity of prosecuteing this matter
to a speedy Issue, for if these men be not brought to punishment, there will not I am
afraid any subjection lie yeilded to authority by any or but few in these parts, they stand-
ing waiting for a result & it is said if Little Compton cann(jt be made to pay y'' rates
neTther will they, whether past or to come, & I am afraid it will have an enfluence vpon
other parts of the province, It is a hard matter to find men in these parts yt are willing to
goe in this service, or if they goe yt will doe any good when they come there ; It is said
There party is encreasing, & wilcox & Head are gone to Warwick to major Green some
say to secure themselves, but others say for to procure men to yr assistance wee had
better have fivctv men to many then to want fflve. Therefore hope you will send enough
& to spare next time, for there" is but little trust to men here, If it can be done in time
beside others it miijht be well to have 50 or 60 choice pickt well affected men from Scituate
tnarshfeild Duxsb'urv plvmouth t^andwitch & Barnstable &c I am afraid matters will
not be effected without sufficient number well armed & sufficiently impowred, they make
a jeare to see most of our men onelv with pistols & stick not to say they Dare not shoot
them ; therefore doe beleive before there will be any thing effected there must be full &
* Sic: demanded?
t Sic.
1 ManusLTiiH mutilated.
[Notes.] Piiovince Laws (Resolves etc.). — 1700-1. 663
Lnr^ orders, for it is vnlikely to provido for all events ; It is a question whether yo delin-
quents will be found if a considerable strenqtth comes, there must thorefuro bo directions
given in yt case whi'ther there may not be two of yo dclinf|ucnts houses taken vp. for yo
souldiers quarters Heads & wilcox Houses lyo one at one end of yo T(jwn & ye other
towards ye other, it is pitty but they should be put in a way to live vpon ye delinquents
estates & not oppress others Considorini? yo Leni^'th of yo Journey & yo time of yo year
it may seame vnreasonable or to much boldness for mo to advise your cxcellencys come-'
ing vp but could it bo & besides what souldiers come to have enough besides with you to
make a Council I would hope it would be the most likely way to put a Speedy & good
Issue to this matter, & you might then have an opportunity to exert your power or make
your farther demands at ilhoad Island,
If this matter be not forthwith prosecuted & not left vntil the same be accomplished I
am afraid it will be past cure, when M' Googin read his com : they found he had no orders
to ffire shoot kill &c in case of resistance they made but a mock at it, it is said they will
loose their lives liefore any man shall l)e carried away, Excuse yo Rudeness of these lines
& accept of my sincere design to serve yr majesties your Excellency & ye province accord-
ing as I am able who am your excellencys
most Humble servant
John Wallet." — Ibid.
Thereupon, it was promptly decided to grant Gookin's request that he receive " a larger
warrant." It was advised that a military commission be issued to him. The record is as
follows : —
"Dec. 6, 1692. His Excellency laid before the Council a letter received from M£
Samuel Gookin Messenger, dated the 4th curr.ant from Little Compton, as also another
. . . received from Major Walley, giving an accompt of the resistance made by Daniel
Wilcox, Henry Head &c and their withstanding of their Majesties authority, and the
number which they had drawn to them with armes to abet and protect them.
Advised. That his Excellency grant a Military Commission unto the said Capt" Samuel
Gookin, Impowring him, in case the said offenders and open opposers of their Majtis?
authority cannot otherwise be taken, then with force of armes to subdue, and bring them
under his power. Wili^iah Vhips." — Exec-
utive Records of the Council, vol. 2, p. 203.
To avoid rashly proceeding to extremes it was thought best to issue a proclamation
of amnesty to be sent to Gookin at the same time that a rei^nforcement of eightv men,
under Captain CuUimore, was ordered to his assistance. Of this the Secretary informed
Gookin in the following letter: —
" Boston, Decembr 8* 1692.
Sf/.
His Excy, and Council have thought it advisable to Emit a Proclamation of Indempnity
to such persons as have been unadvisedly inviegled and drawn in to take part with and
Abet Christopher Almy and his Accomplices in Opposition to their Ma'i's Authority and
Government; upon their Submition ; hopeing that many of them may better consider
with themselves & be ready to accept of their Ma''« grace and favour therein tendred unto
them ; If otherwise they shall be so hardy as to persist. It will be a high aggrevation of
their offence and render them more inexcusable, whatever inconvenience and Severity may
follow upon their refusal. —
the prudent management and good issue of this troublesome Affa.yre is of great moment,
And lest the weather should prevent his Excy? coming as was intended a Letter is written
to Major Walley, desiring him to go over to advise and labour therein ; And it is Expect.**
that Capne CuUimore of Situate may come to you with a further Assistance by that time
you receive these ; He is Esteemed a prudent person and has both an Interest in the place
and persons there and gives Enconragemt that he may he able to perswade and bring
them to reason, he brings with him a Commission to yof Selfe; It will be most Eligible
that the matter be Effected with the least Xoyse or fForce, So as to prevent the Effusion of
blood, when Major Walley and Capf; CuUimore are joyned you, you will be assisted with
advice and otherwise, Let the persons that come in upon the Proclamation give in their
names and make their Submition before one or more of their Majtjes Justices, Endeavo'
all possible dispatch that so you may return home, and in the interim give an Accompt of
what shall occur; wishing yof good Success If you have already Seized any of the
Abettors, let them give bond with Sureties to answer at ye next Genera' Sessions of the
Peace in y" County and in y mean time to be of y« good behaviour.
By order in'Council " I[saac] A[ddington] Secfy." — Mas*.
Archives, vol. 2, p. 65.
The Secretary notified Walley of these proceedings, and communicated to him further
orders, as follows : —
"Boston Decemb'- 8^ 1692 —
Upon the Accompt given from m r Gookin of the Opposition that ho met with at littlo
Compton, and considering what yo^ Selfe wrote; his Excy was purposed to have gone
himselfe; But lest the Severity and fonleness of the weather should prevent It has been
thought advisable to Emit a proclamation of Indempnity to such as have been inveigled
and drawn in inconsideratly to abet and take part with Almy and his accomplices ; upon
their comeing in and Submiting themselves and demeaning themselves peaceably and
orderly for the future; which Proclamation is forwarded by Express unto m"; Gookin
and Captain CuUimore is sent with ffourscore men to his Assistance, It seems he has an
Interest both in the place and persons and Encourages that he shall be able to perswade
and reduce them to reason ; However it's thought that yor advice may be of great Service
in the matter, you are therefore desired and Ordered to go over to little Compton to urge
the Proclamation and to give such as may otherwise be ignorant a full understandmg of
the Import of it, and the opportunity now put into their hands of saveing themselves, and
further to advise and Assist in puting an end to this troublesome Affayre So as may bo
664: Province Laws {Resolves etc.). — 1700-1. [Chap. 80.]
for the honour of the Crown and the Governm' : here Established under the same, yo'
presence would have been acceptable here ; but the necessitj- of reduceing that people may
be for present a greater Service. John Peirco is under bond taken here for his appearance
at y« next Sessions of the Peace for Bristol County and to keep the Peace and be of the
good behaviour in the mean time; It is advisable that some Information or Indictm* in
good form be prepared agt the time so to charge him as Evidence shall appear to main-
tain, which you are desired to take some care of ; the Island of martha's vinevard is well
Setled the mayhews have complyed w'l' the demand of the Governmt. his Exct- and Coun-
cil give you their Service, and Expect that you will not omit to attend this biiisness. Bv
Order in Council. I[saac] A[nDixGTOx] Sqct^ ." ~ Ihid.,
vol 3, p. 47. L J . ,
No copy of the proclamation mentioned in the above orders has been found, but, on the
twelfth, Walley sent the following response to the Secretary's letter : —
" Bristol y« Dec: 1692
Sir
I Reed : your^ hy order of Gov & Conncil but It came not to hand vntil it was near night
a Satterday, but by a Letter from m'' Gookin was informed he had sent forward y^ procla-
mation to iustice Church, w^'' I perceive was proclaimed on Sattertlay in ye afternoon,
yesterday in ye afternoon there was six of ye Little sort come in, the cheite I perceive
were vnresolved what to doe, I purpose to goe over this morning as soon as it is day & doe
ye Yttmost I can to Issue this matter or give a farther Ace", Init I fear in ye way it is
managed it will not be an Issue very honouralde to the Goverment, m'' Gookin went away
very vn seasonable, they began to be vnder considerable discouragement & y onely hope
was Rhoad Island Standing by them. Their General Court now sitting being" called on this
occasion, Henry Head said yt if they would not espouse their case he would surrender
hiinselfe, but they many of them since the souldiers are drawn otf account that the
Goverm" dare not or will not prosecute this matter, I hear yt Justice Church acting by
m' Gookin instruction onely takes thire submission without Bonds for good behaviour
w^i' makes me doubt y' many of them will be ready to fall into y same error as soon as
ye Constables come to demand or straine for their Rates I thinke it would be best they
forthwith made a tryai on yt account while they are vnder the expectation of souldiers
comeiug vp, if these men be not made pay I am afraid their will be Little gott of Rales in
these parts whether old or new, Had y" Gov^ come vp there would a been a farr better
complyance, but wee must endeavour to make .ye best wee can off it. m'' Gookin being
gone if ye proclamation had come to mee it should not have Iieen publislit vntil this day,
& I beleive there might a been some advantidg there by, shall not now inLarg pray you
would present my Humble Service to his excellency y" Leiv't Gov & Gentlemen of ye
Council & accept the Same to your selfe from him who is
Your ffreind & Servtt
JoHX Walley." — Ibid.,
vol. 2, p. 65.
On the same day Captain Thomas Leonard, one of the representatives from Taunton,
and a magistrate of Bristol County, who was present to preserve the peace when Gookin
attempted to serve his warrant as messenger, wrote to the Governor, as follows : —
"Taunton Decmb. 12t.i> 1692
Most Excellent Sir
The affairs at Little-Compton are much vpon my ininde, I have had no Intilligence
ffrom thence sence we came away : if the matter be not prossecuted to effect it had been
better it never had been begun, as for Capt. Gookin he took a great deal of pains among
them ; but Could do no more without a larger Comission ; I was ready to think before we
came away that it was a good providence of god that Capt Gookin had no larger Comis-
sion at fflrst; ffor certainly I do beleive there had been much blood Spilled if he had
entered the house when he was about it ; but Ijefore we came away I thought I could per-
ceive by the tfreinds & relations of the criminalls that they were weary of their condition.
And blamed the Governor of Rhode Island as the caitse of it for tfirst Incouraging them
and at last leaving them : I beleive if the proclamation had lieen read there the last day
we were there the most of them would have come in; my ffear is now Capt. Gookin is
come away, there is want of one in comission to keep them in awe, and if they get heart
again it will be worss than at ffirst; if anymore men should be sent thither I think it
would do well to let them be billited on the offenders ; for as yet our tl'reinds are the
greatest sufferers; I was not wanting to do the best I could in assisting Capt. Gookin ; I
also vsed as many Stratagems as I Could to obtain some discource with some of the
heads of the criminals to perswade them to Surrender and to learn their plea, & I perceive
Henry Head is the most obstinate man among them Except Christopher Alray who they
count is safe lieing an Inhabitant on Rhode Island; and their greatest plea is their own
exposition of Rhode Island Charter whereby the greatest part of our county would also
ffall vnder Rhode Island goverment; there is much talk among them of sending an Agent
to England about it, & I heare that Henry Head proffers fifty pounds towards the charges
of it. I am not worthy to counsail your Excellency, but I hope their Majesties will l)e
aquainted with these things by such that will Informe how servisable Rhode Island
Goverment have been and still are in deffending their majesties Interest against the com-
mon Enimy. I beg a pardon both for the boldness and abruptness of these my lines and
Remain inall Submission Thomas Leonard." —/6ic?., p. 66.
On the thirteenth, Walley again wrote to the Secretary, as follows : —
" Bristol ye 13"> of Dec : iS92
Sir
my last wrote yesterday morning I hope came to hand, & according as I advised went
to Little Compton & took all oppertunitys as I went along to inform & perswade as much
as was meet such as had been otfendors to take hold of y^ favour offered & told them y^
[Notes.] Province Laws {Resolves etc.). — ITOU-l. 0G5
danger of neglecting; Sundry bavo surrcndred whose names have sent herewith, but
Aliny, Wilcox, Head, & most that have been chcifly concerned malce Slight of ye procla-
mation, exspectiiig ihe Goverment of llhoad Island will espouse their quarrel I had
been informed their General Assembly sate last woclv Ijut it was a mistake, but they sate
this afternoon, but have not yet heard any thing of their design ; I would propose whether
it might not he convenient to charg ye delinquents as high as is meet & make a formall
& positive demand of llhoad Island to deliver tliem vp & to forbid them to conceal or
Harbour them, It is the opinion of most here if this be not gone through with, others
will follow y exstunple, & the Goverment rendred contemptable, & ye sober people of
ye place will be afraid to keep there dwellings, Hero are two others ttiat have given their
Oaths to ye substance of what major Church deposed yt was sunt down before, thev being
present at ye same time, ye coppy whereof I have sent, W'" Briggs being one of ye fiFour
haveing surrendrod himselfe before to \\v Gooken & comeing now in to claime any favour
yt might bo by the proclamation ^ iudging any favour shewed him might encourage
others to come in wee have bound him by Recognizance 150« himselfe lb a peice his
suretys to Answef for his oflTances w^'' wee have been perticuler in in ye condition at ye
next sessions of yo peace to be held at Bristol bound hiin to ye peace "& good behaviour
to y majesties, his Leige people, & in perticuler to ye goverment establisht in this
province, Had the Gov & soa many as to have made a Council come vp especially with
any strength with them, they would have complyed ere this, m'' Googin wrote mo from
Taunton yt ho would stop Capt: Cullimore vutil he had been at Boston, for farther
orders, soe yt his comeing was vncertaino but if I hoar any thing yt comes within ye
compass of such orders as I have or may receive I shall attend yo same. Who ever
comes vp to manage this affair or shall be directed therein should" have full & plaine
orders & some things must be left to discretion with such cautions as are necessary, The
soiildiers yt have hitherto come vp have been quartered vpon ye honest partv but they
pray if more come they yt have caused this trouble may provide for them or at least out
of yr stores especially for horses, they yt come next itis pitty but they or soo many as
needs should stay vntil this matter is brought to an Issue & yt ye Constables there &
Dartmouth be directed to gett tbeir old tSi new Rates whilst the souldiers are there, I
would be glad to hear what is intended because I waitt now onely on this affair, as I have
any farther Ace" in this matter (especially what the Islanders doe) I will give an Ace"
please to lay this before the Gov & Council to whom I present mv Humble service & sub-
scribe your ffreind & servant John Wallet." — /fijti., p. 67.
On the fifteenth, Thomas Hinckley, the last governor of the late colony of New Plymouth,
sent to Secretary Addington tho following characteristic letter, together with some rare and
useful documentary evidence in support of the right of jurisdiction of the province over
the territory claimed by the malecontents : —
"Barnestable 15 decb 1692.
Sir
It might justly be deemed Criminall in me to neglect y duty I owe vnto j" publique in
this time of y« growing difficulties & mischeifs like to ensue on y« occasion of the riotous
seditious, practices of those malecontented l>sons at Seconet, vnwilling to beare y^ yoke
of Govment th6 it be no other then their Matjes, preferring their own lawlesse wills &
<;ovetous selvish principles to sane their money, before the p'servation of their Ma'ie^ inter-
est or safety of their good subjects from y« barbarous outrages & cruelties of their ene-
mies, as if they regarded not whose house were on fire so they could saue theire own. the
high way to y" ruin of y-' whole by peecmeal if now I should not comunicate to you such
papers as are in my Custody w<:i> may give light in that case for their convictio & further
satisfaction of others in reducing them into order & obedience to their Ma'ies authority I
haue therefore sent you his ma'ies Comissioners' order, in y« year 1664 for selling the bounds
between this Colony & Rhode Island, (w'li y heads of oiir pleas p'"sented to them) and the
rather because its not to be found on record (as I heare) when you sent to our late Secre-
tary to search for it. by w^'' papers or writings it is clearly demonstrated that their princi-
pall plea & spetious form-' p'tence for y mutyny or rebellion viz (their not belonging to
this Colony but to Rhode Island) vtterly fayls those bounds so ordered being to stand till
his or theire mat'^s other determinatio w^^'' never yett appeared, therefore remayns firm to
this day. and it might be further shewne that that place hath been comonly called kno^yn
occupied & rated as part of, ^ belonging to, this Colony of N : Plimoth for more then thre
score years before Sir Edmond Audrosse Coming to Boston, & since, for tho some of them
would not acknowledg y autority* here, since Sr Edmonds time for want of their Ma'ies
expresse authorising vs therevnto, yet I never heard of any of them questioning their
belonging to this Colonj' till now very lately besides I haue the petition to our Gen'all
Court vnder y hands of some of themselues w'li others that they might become a Town-
shipp wth priveledges as others &c: w^'i was granted them many years since, much more
might be s'' but needs not to them who better vnderstand the case then I can say, when
they see y fores' order : & therefore being in hast y, bearer staying, I add not but wth my
humble service p'sented to his Excelencey y Governor his Leivt : & y= rest of his Couri-
cill, and wti^ ray vnfeyned desire of Gods gracious p'sence wti> them guiding assisting sup-
porting strengthning & incouraginging* their herts* & hands in the work he hath called
them vnto, vnder all y growing difficulties burdens and discouragements they may meet
wthall in this tempestuos age of y world, so as may be most for his prays & y« best good
of y publicque espetially his people I res'
your humble servant
Tho" Hinckley
pray please to return y« papers again vnto me when you haue tooke Coppy, entred on
record or made such other use of them as y* matter may require, because I do not under-
stand they are entred on record in any of our Courts w<:'» would or may be convenient for
Ts to haue them be so recorded." — Ibid., vol. 3, p. 50.
6QQ Provixce Laws (Resolves etc.). — 1700-1. [Chap. 80.]
On the same day, "Walley reported the following favorable news concerning the action of
the Rhode Island" government : —
" M' Secretary
Sir I perceive the General Council at Rhoad Island have declared yt they will not stand
by but discountenance the actions of the Little Compton men major Goulden by whom
this comes can shew a Coppy of y order, they are vpon this down in .ye mouth, some
thing forthwith done briske I hope may issue this matter I waitt here exspect to hear
what is intended, I beleive they will not dare to make opposition but there must be sufH-
cient as they gett offenjiers to carry them away & to stay vntil it ran be effected, & per-
ticuler order wbo are capable of Bail & who not major Goulden is in grt hast shall not
add but yt I am Your Humble Serv"
Bristol 15 Dec : John Wallet." — Ibid.,
vol. 2, p. 68.
The Legislature adjourned on the sixteenth of December, and before any report of the
adJLMirnmeiit had reached Walley, he sent to Addington the followinir despatch containing
a list of names of those of the malecontents who had surrendered to Massachusetts, and a
proiH)sai, if the Legislature were still m session, that an act be passedf for setting off Pocas-
set from Little Compton : —
" The names of ye persons yt snrrendred themselves
W™ Briggs James Case Sam Crandal
Tho: Josiin Lawrance Springer Robert Brownel
John Briggs Sen' nath : 'J imikins Sen"' Zac: Butts
\\m Dye Joseph Wilbore John Wiibore
Richard Knight Richard Craw Tho : Butts
David Irish Anthoney Sadler John Briggs Jun'
Job Briggs Jun' John pearce allsoe desires the benefitt of the proclamation
many of these I beleive were very little [concer*] ned & soe were some of ye rest yt are
not [put*] in, Besides ye first ffour them yt are the [worst*] are the two young Almy
Edward Briggs T [*] Cooke, W"» manchester, matthew Howard, Da[vid*] Lake, & some
others it is pitty these sho[uld*] escape without punishment
If the General Court be not over th[e*] Sober part of Little Compton earnestly [de*]sire
yt pocasset & punkatees that is add[ed*J to y Constablerick may be taken off & [set*] as
a Town by themselves, & they are in hop[es*j when they are without them they shall
obta[in*] a minister for the others vote with them [on*] all occasions & proves a great
hinderanc to any thing yt is good yours
John W [alley*] ." — /6icf.
In 1693, at the August term of the Superior Court of Judicature, Court of Assize and
General Jail Delivery, held at Bristol, on tlie twenty-ninth, a bill of indictment against
Head, Wilcok, and Almy was found by the grand jury as follows : —
" Prouince of the ] Pleas held before the Justices of Assize and Generall Goale de-
Massachusetts > liuery at Bristol! for the Count3's of B [ristol*] Plimoth and Barn-
Bay In N : E. J stable the La[st*i Tuseday of Augt anno domini 1693. Annoq ;
Bristoll ss RR^ et Reff[incB*] Gulielmi & Maria Anr/lice &&» Quinto.
The Jurors for our Sovj" Lord and Lady the King an^^l Queen doe upon theire oaths
present Henry Head of Little Compton In the County of Bristoll in the Province aforesaid
Yeoman Daniel Wilcocks of Nomquid in the County afores<^ Yeoman and Christopher
Amy now or Late of the same place Yeoman for that whereas bv the Late Goverment of
the Collonv of new Plymouth In theire Generall Court assembled at Plymouth the fourth
of Nouemb'' 1690. A Certaine tax Rate or Assesment was orderly and Regularly made for
the defraying the contingent charges of the said Goverment and was committed to the sev-
eral! Constables of the Townes and Villadges within the said Collony to bee by them col-
lected and payd in to the Treasurers of ye s'' Collony and whereas the particular proportion
of the said Towne of Little Compton and the Inhabitants thereof was Regularly assesed at
the Sum of one hundred and forty Pounds and the severall respective proportions of the
said Inhabitants was also duely assessed and whereas Tlioinas Him-kly Esq , Late Governor
of the s .id Collony on or about the fotirteenth of June which was in tlie Yeare 1691. granted
out his warrant under his hand directed to the Constables of the said Towne of Little
Compton thereby willing and requiring them presently on the sight thereof to Demand
such snme of each of the said Inhabitants as in the said Rate Bill was assessed perticu-
larly on his or there heads and In case of any of theire refusalls to pay the same for to
shew them an Estate in Specie according to order of Court In that case provided then they
shall Levie the same upon the bodies of such refusers and him or them to carry to theire
County Goale theire to remaine till they had payd the same and the necessary charges
theireof and whereas by one act of the Governor Councill and Representatives of the
Province afore^d Convened in Generall assembly at Boston upon the eight day of June in
the fourth yeare of the Reigne of the King and Queen that now are it was enacted y t whereas
by the Late Goverments within the Collonies of the Massa[chusetts*] and new Plymouth
now by theire Majesties Royall Charter vnited and Incorporated several! Publiq [ue*] Taxes
and assessments haue respectively been granted for the security & defence of theire Maj^'.^s
Subjects and Intrestand the defraying the Publique charges arising by the warr with theire
Majties Enemys french & Indians since the first day of October 1689. and haue been
Comitted to the Constables or other Persons appointed Collectors within the respective
Towns and villadges to Collect and gather in time prefixed for the paying in of the same
to the Treasurers or Receivers respectively apointed in the said Collonies being some time
sibce past and A Considerable part theireof being uncollected and not paid in to the said
* Manuscript mutilated.
t Bee Resolves, 1692-ii, chapter 11.
[Notes.] Province Laws {Resolves etc.) . — 1700-1. 667
Treasurers^ or rocciuers and the Country l)eing Indebted to several! pcrticular Persons for
servica done and defraying the charges arrising l)y tlie warr upon the creddit of the said
assessment That all and cuery Constable and Constables or other Collectors within theire
respective Towns and Villadges within this Province who at any tirno since the said Qrst
day of October 1()89. haue had any of the said Publique assessments Granted as aforesaid
Committed unto them or any of I hem to Collect and pay in as aforesaid who haue not per-
fectetl theiro collections and adjusted and Issued theire accounts theireof with the Respec-
tive Treasurers as by order of Court or warrant theire directed where theireby fully
authorized and Impowred to collect & gather in the arrearages of all such Pui)lique taxes
& assessments and to doe and Execute theircin all and whatsoever shall or may bee need-
full for the Effectuall pursuing of the same as by order or warrant they might at any time
heretofore haue Lawfully done and by such Rules iMethods and directions of Law as liaue
Lately been used Ik In force the dismissing of any such Person or Persons from his or
theiie oflice of Constable or any alteration of the Goverment since made not withstanding
as by the said act Intituled an act for the enforcing the Collecting and paying in the arrers
of Publique assessments &c^ may more fully apeare and whcras the Constables of the said
Towno of Little Compton pursuant to the directions of the said warrants and acts and from
and after the same proceeded to the demanding and Collecting the arrearages of the said
Sume of one hundi-ed and forty pounil unpaid to the Treasures of tha said CoUonie and
Dan 1,1 Eaton one of the said Constables hauing on the month of Novemljer Last Seized and
aprehended the Person of \V"> Briggs of the s^aid Little Compton for his part of the said
rata [ *] payment) according to the tenour of the said warrant
Neuer the less the said Henry Head Daniel Wilcoks and Christopher Amy being of A
Seditious Turbulent and Unquiet mind and disposition and Euill affected to the present
Goverment and Intending to disturb the quiet and peace theireof they the said Henrv
Head Daniel Wilcocks and Christopher amy and Diuers othe [r*] Persons disafected and
Euilly disposed to the Jurors unknowne to the number of Twenty on the said month of
November Last past in Nomquid aforesaid In the County aforesaid with force and armes
did Riotously Routously Seditiously and unlawfully unite gather and assemble them-
selves together to the great Terrour of theire Majesties Leige Subjects with Intent to disturb
the Peace of theire said Maj'i'^s tSi soe being united & assembled then & there with force
& armes & Riotously in and upon the said Daniel Eaton in the peace of God and of theire
sd Majts being did "make an Assatdt and him the said William Briggs with force and
armes out of the Custody of the &'] Constable Rioutously did take and rescue to the great
damadge of the said Constable and the said Henry Head Daniel Wilcocks and Christopher
Amy afterwards that is to say upon the Eighteenth day of Novembr. Last past together
with diuers other Persons to the Jurors unknowne to the number aforesaid with force and
armes that is to say with Swords Staves Clubbs and Gunns and other armes as well
ofFencive as defencive did Riotously Routously Seditiously and unlawfully againe unite
and gather and assemble themselves together with intent to Obstruct prevent oppose and
hinder the Collecting paying and Recei'uing the said arrears of the Pulilique assessments
afore«' and by force of armes being assembled together did then and there oppose obstruct
prevent & hinder the Collecting paying & receiueing the s<i arrears and the Jurors doe
further upon theire Oaths present that the aforesaid Henry Head Daniel Wilcocks and
Christopher Amy being soe unlawfully assembled and gethered together the further to
prosecute theire Seditious Intent aforesaid and to bring into hatred and Confusion tliere
Maj'3 Goverment In this Province established did then and there In the hearing of severall
of theire Maj''"^^s Leidge Subjects these Seditious & Scandulos and false words or words to
the same Effect or [the*] same Import against y Majesties said Goverment in a discourse
and colloqueamongs[t them*] selves [ " *'] and R [es*] pectively vtter That is to
say
wee will not [be*] Rickt Rated and P[ *] as other places [ «]
(meaning the Places and Townes In this Province) were soe Rackt Rated and oppressed
that [thev*] were all ready to Rise for the Goverment of the Province had taken the uery
Linnen from of [f*] the Hedges and sold good Shirts for two Shillings a Peice, and soe farr
were oppressors Tlmt the Poore People were faine to Sift theire meale to pay theire Rates
and eat theire bran for bread and that there were severall hundreds from Charlestowne
side ready to come over but wanted one to head them, then the said Christopher Amy
standing up said it shall not liee soe with You, for I will head you for wee will rise whilst
wee haue something, they shall not Robb us nor plunder us) then the said Henry Head
said soe wee wid wee will rise whilst wee haue something wee haue monv promised us to
carry on the designe, and were by severall Incouraged to proceed in what they had betran
and the Jurors for our Sovf Lord and Ladv the Kint; & Queen doe farther Psent that "the
said Henry Mead, Daniel Wilcocks, and Christopher Amy, and diuers other persons To
the Jurors unknowne to the number aforesaid did afterwards To witt on the third day of
.Decern'- Last i)ast at Little Compton aforesJ with force and armes did Riotously Routously
Seditiously and unlawfully againe unite and gather and assemble themselves tbijather with
Intent and designe to prevent and obstruct the Execution of Justice upon the said
Riotors and to prevent and hinder the caption and apprehension of severall of the said
Riotours and did with force and armes then and there prevent obstruct and hinder
Samuell Gookin Gen* Especiall messenger authorized and warranted bv his Excellency
the Governour for the apprehension, of the said Riotours and seuerall other Persons that
were then and theire assissting the said Samuell Gookin in the Execution of the said
warrant all which aboue Psented designcs Speeches and practises Intended Spoken and
perpetrated as aforesd by the said Henry Head Daniel Willcocks Christopher Amy are in
manifest contempt of this theire Majts Goverment to the Evill Pernitious example of
others and against the peace of our said Sovf Lord and Lady the King and Queen theire
• Manuscript mutilated.
668 Province Laws {Resolves etc). —1700-1. [Chaps. 81, 82. J
Crowne and dignity and contrary to the forme and EflFect of divers Laws and Stattutes In
that Case made & "Provided.
Henry Head & Daniel Wilcocks being set to y Bar plead not Guilty
Major Benji Church Isaac Woodworth John Bridges
1693 Samuel Gookin Esq."- § Benja Woodworth § James Case §
Wittnesses Joseph Church Esq' g Daniel Eaton g Zacheus Butts §
William Dye ' & William Hilliard | W™ Amy |
Lawrence Springer "" "" Matthew Howard. ""
Billa vera
Thomas Leoxard (foreman in the behalfe of the rest." —
Suffolk Court Files.
The petit jury found " the said Henry Head Daniel Wilcox and each of them guilty of
the riot and rout and other high misdemeanors according to the indictment." Almj% being
out of the jurisdiction of the court,, was not tried.
The sentence pronounced on Head and Wilcok was, that they severally pay one hun-
dred and fifty pounds, and that each recognize in ths penalty of two liundred pounds, with
two sureties of ons hundred pounds eacli, to "make their personal appearance" at the
next term of the same court to be held for the counties of Plymouth, Barnstable and
Bristol, and, in the m'jan time, to be of good behavior, " and to stand committed till this
sentence be performed."
Other papers in tho archives show that, in this prosecution, Thomas Newton appeared
for the crown, and also appeared before the court in Rhode Island to defend suits bi'ought
" against divers persons of s^ Little Compton late Constables there for Acts by them done
in the Execution of their ofHce, pursuant to the orders of this Government;" for which
services he was allowed six pounds.*
The particulars of the commitment of the prisoners and the escape of Wilcok from
Samuel Gallop, the sheriff of Bristol County, while conveying them to Boston for greater
security, and of the sheriffs unsuccessful efforts to recapture him, are given in the note to
resolves, 1696-7, chapter 6i, which was passed to suspend legal proceedings against the
sheriff. This suspension seems to have continued, since, by resolves, 1701-2, chapter 84,
Gallop was allowed for his services and expenses in endeavoring to retake his lost prisoner,
and the inducement to this allowance was the conveyance made by virtue of the resolve
which constitut3s the present chapter. An entry in the province treasurer's account shows
that Head paid his fino.t
On the twenty-seventh of November, 1701, Wilcok, in the presence of three attesting
witnesses, made his mark, and affixed his seal, to a deed, which is recorded in the regis-
try of deeds for Bristol County,+ conveying to the '• Council of his majestyes Province
of the Massachusetts Bay .... and to the Assembly of the s'l Province .... for the
time being. & their Assignes for Ever," lands described as follows: a "one hundred &
Twenty acre lot, being the fourteenth in Numb'," and one " forty acre lot, being the second
in Number," " as appeares on Record in the Purchassers Bookc of Records in Tiuerton, and
a Thirtyeth part or a whole share of a Tract of land that is undiuided, belonging to Tiuer-
ton," l)ounded " Southerly, by the lands of Dartmouth, west by lands of Tiuerton & ffree-
town & northerly by land's of Midleborrough Extending East to a place known by the
name of Quitticus" with all the easements, privileges, and appurtenances. This estate
was to be held to the .gi'antees, and their successors and assigns, forever ^
Advantage was taken of AVilcok's flight, to bring against him sundry actions of eject-
ment, which failed, on demui-rer to the pleas, because it appeared that the land in question
was held bvthe parties as tenants in common, and that therefore no action at law could be
mainta'ned.
Another similar attempt to run the boundary was made in July, 169,'), ]>ut the liusiness
was summarily stopped by John Salfln, acting under the orders of Lieutenant-Governor
Stoughton. In his letter, dated the eighteenth of July, to the Lieutenant-Governor, giving
an account of his doings, Saffin declared, "I veryly beleive S'' (and my opinion is not
alone) that there is not one of ten, of all the people in these li>ts (Bristol onely Excepted)
but that desire to be under Rhode Island Government."||
Chap. 81. This chapter is from council records, vol. VII., p. 171. It has not been
found in the archives
This order originated in the Council, where, on the thirteenth of March, it •' was read at
the Board and passed, and sent down to the representatives, for their concurrence,"
which was voted the next day.
Mather's i-efusal to continue to reside in Cambridge led to the appointment of Rev.
Samuel Willard as non-resident vice president, but with the same powers and functions
(jointlv with the fedows) that had been exercised by Mather. This change took place by
order of the Council, under chapter 59 of the resolves of the year 1701-2, and was ratified
by the whole court, in chapter 09 of the same year. See those chapters ; also chapter 46,
ante, and the notes thereto.
Chap. 82. This chapter is from archives, vol. 70, p. 517. It is recorded in council
records, vol. VII., p. 172.
The provisions of this chapter seem to have been first suggested by the Council in the
following resolve passed on the eleventh of March and sent to the House for concurrence : —
* Executive Records of the Council, vol. 2, p. 416.
t Ma.-8. Archives, vol. 122, p 59.
i Northern District: Land Records, book 3, pp. 301, .302.
§ The next year this estate was assigned to the Indians, for a plantation, by rasolves, 1701-2,
chapter 94.
II Mass. Archivea, vol. 2, p. 75.
[Notes.] Province Laws {Retiolves etc.). — 1700-1. 669
" March U, 1700-1. For the Security and Defence of this province
RcsoIvclI That it's Necessary there 1)0 forthwith procured One tliousand f;ood Fuzils,
and a like Number of Bai^onets with a ])roi)ortional)lo (iuantily of Flints, Bali, and Lead
with Moulds. One hundred Barrels of Good Gim jjowder and a (inanlity of Match for his
Majesties Service within the Same, And that Eircctual I'rovisiou be made by this Court
for the purchasing of said Stores of VVarr." — Council Records, vol. VII., p. 107.
On the fourteenth the House i)asscd the resolve which constitutes this chapter. It was
sent up to the Council and concurred in on the same day.
On the twenty-eighth of April the fodowing action was taken by the Council towards
procuring all tlie stores excejjt the gunpowder: —
"April 28, 1701. The Great and General Court or Assembly at their Session held the
12tl» of February last having |xist a Resolve that there be procured and paid for out of the
publick Treasury of this I'rovince three hundred good Fuzils, a quantity of Flints, Ball,
Lead, with moulds proportionable to said number of Fuzils, and thirty pounds worth of
Saltpeter, and that the Gov£ and Council bo impowred to agree with some suitaJ^)le person
or iicrsons to procure s'i stores.
His Honour the Lieuti GovL and tlie Council, accordingly treated with Capt" Andrew
Belcher of Boston Merchant thcreal)out, who proposed to supply Bills of Exchange for
three hundred pounds Sterling at tlie Rate of thirty eight l> cent advance, and to have the
sum of lour hundred and fourteen pounds in Bills of publick Credit deposited in his hands
as security for his receiving of money out of the Treasury for so many of the si Bills as he
shall not dispose of by the end of nine months at the value therein exprest.
Which proposal was accepted and agreed to.
Advised and Consented That his Honour the Lieutt Gov£ issue forth his Warrant unto
M[ Treasurer to pay the sum of Four hundred and fourteen pounds to sd Capt" Andrew
Belcher, in lieu of liis Bills of Exchange for three hundred pounds sterling
Advised and Ordered. That Capt'.' Andrew Belcher draw his Bills for payment of the
said three hundred pounds unto Capt;} Benjamin Gillam, now l)ound for London, and in
his absence to Mr Stephen Mason of London Merch'. or order to be laid out for the pur-
chasing of the sLi number of Fuzils with Flints, Bali, Lead and Moulds proportionable
thereto, and thirty pounds worth of saltpeter, or such proportion thereof as the money
will procure.
And that John Walley, Eliakim Hutchinson & NathH Byfield Esqi! be a Committee of
this Board to write unto and give the necessary directions to s^ Capt" Gillam and M^
Stephen Mason (in case of Capt;^ Gillams absence) thereabout and tor the transmitting of
them hither." — Executive Records of the Council, vol. 3, p. 107.
On the second of May the Council passed the following order for procuring the gun-
powder, but it seems not to liave luen ])urcliase(l until tiie next year:* —
" May 2, 1701. Whereas the Great and General Court or Assembly at their Session
held the 12,^^2 of February last passed a Resolve, that there be procured and paid for out
of the publick Treasury of this province one hundred barrels of good gunpowder &ca and
referred it to this Board to take care to procure the same.
Ordered. That Elisha Cooke and John Walley Esq':! with M^ Treasurer Taylor, be and
are hereby appointed to treat and agree for the purchase of the said whole quantity of
one hundred barrels of good new Gunpowder, or such part thereof as they shall think
necessary to be bought at present, at the best rate they can for his MajV'* service within
this Province. Wii Stoughton." — Ibid., p. 200.
By the following entry in the province treasurer's account, it appears that eighty-eight
barrels of guupo\vder were purchased of Peter Sergeant, by the committee : —
" Paid Peter Sergeant Esqr in part payment for 88. barels of Powder pur-
chased of him by y^ Committee appointed by y" General Assembly to
agree for & purchace the same 400,,-^,-."
— Mass. Archives, vol. 122, p. 164.
Chap. 83. This chapter is from archives, vol. 70, p. 515. It is recorded in coimcil
records, vol. VII., p. 172.
This resolve originated in the House. March 14, 1700-1. It was concurred in Ijv the
Council on the fourteenth, and the next day tlie following resolve was passed l)j' the Coun-
cil and concurred in by the House : —
" Resolved, That CoVi Elisha Hutchinson be the Commissioner for the Stores of Wax
belonging to this Province, pursuant to the Act of this Court that such an Officer
be appointed." — Mass. Archives, vol. 70, p. 516.
Chap. 84. This chapter is from archives, vol. 70, p. 514. It is recorded in council
records, vol. VII., p. 173.
No powder-house was erected in Boston before 1706.f The following petition which
was read in the House on the fourteenth of March, and which led to the passage of this
chapter, is the earliest movement that has been discovered looking to the building of such
a magazine : —
" To the Hofibie William Stoughton Esq' Lieuten* Governour and Commander in chief
in and over his Ma'>'^ Province of the Massachusetts Bay in New England, and to the
Hoflbje Council of the same & Representatives in General Court assembled
The Petition of several Merchants and others in the Town of Boston
Sheweth
That there are several barrels of Gunpowder lodged in divers wooden warehouses, and
other places very dangerous in case a Fire should happen in the said Town, so that if any
* Resolves 1701-2, chapter 97, and note.
I Province Laws, 1706-7, chapter 4.
670 Province Laws {Resolves etc.). — 1700-1. [Chap. 85.]
house near unto such warehouses or other unsafe places where sJ powder is lodged, should
at any time take fire, people would be afraid of being assistant in putting out the same,
And if any of the s<? houses or places where Powder is lodged as afores<? should take fire,
& the Powder be not first or timely removed out of the same, very great damage & desola-
tion would thereby be occasioned, if not to the whole Town yet to all such houses as are
near or adjacent thereto.
We therefore prav thisHoubJe Court to make such order, That all Gun Powder now in
the s<^ Town be forthwith removed and lodged in some safe place within the same, as your
honours shall think proper, for the prevenfiug the before mentioned damages and desola-
tions, ill case of Fire —
Andkk faneuil Robert : Hilton Tno : Palmer
ThoS. Hutchinson Roger Kilcup John Kilbt
Tho^ Fitch Abraham Blish EpX" Shruipton
David Jeffries Edw^ Winslow Benja ffitch
John Mico— John'Noyes Jonathan Pollard
Wm Keen Zeca Tuthill James Meeres
John George Charles CHAtNCY Fr? Burroughs
Jose Appleton Jn© Maxwell Joseph Parson
Daniel Zachart Nathl Oliver Samuell Keeling." — Mass.
Archives, vol. 70,]}. 513.
Chap. 85. This chapter is from archives, vol. 70, p. 512. It is recorded in councD
records, vol. VII., p. 173.
This resolve originated in the House, on the thirteenth of March, 1700-1. The grant
in the tax act* was not apportioned, but the amount to be devoted to repairing the Castle,
limited to fifteen hundred pounds, by a resolve of the House which has not been dis-
covered (owing to the loss of the House Journals) was left to the discretion of the Gov-
ernor and Council. This is supposed to have been the practice in the case of similar
grants, beginning with lG94.t Extraordinary repairs and alterations in the fortifications
on Castle Islandbeing contemplated this year, the House deemed it prudent to commit
the management of the outlay, for that purpose, to a board in whom they had confidence,
and hence the passage ol: this chapter, which was an innovation upon the former practice.
On the eighteenth of November, 1700, two hundred pounds,! and on the seventh of April,
1701, three hundred pounds more, were ordered by the Council to be paid to Thomas
Brattle of this committee.
The following is the order last mentioned : —
"April 7, 1701. Whereas the Tax upon Polls and Estates granted unto his Maj^ by
the General Assembly of this Province at their session begun and hold at Boston upon
the 29tj} day of May last amongst other uses is applied to and for the repairs of the Forti-
fications on Castle Island near Boston
Advised and Consented. That his honour the Lieutt Governour issue forth' his Warrant
unto M£ Treasurer, to pay unto M£ Thomas Brattle one of the Committee appointed to
give orders and directions for the reparation or new making of Fortifications on s^ Island
and to manage the laying out of the money so granted as aforesaid the sum of three
hundred pounds (over'and above two hundred pounds formerly ordered) to be imployed
for the said end & use and he to accompt for the disposal thereof accordingly." — Exec-
utive Records of the Council, twl. 3, p. 101.
Colonel Wolfgang William Homer, one of the engineers of the regular army, accompanied
Bellomont to America to take charge of the buikling and repairing of fortifications. He
was in Boston as earlj^ as December 27, 1698, when he was " treated at the Castle,"§ and is
mentioned as being an invited guest in Boston or vicinity the next year.|| The first official
notice of his employment upon the Castle is the following: —
"May -13, 1701. Advised that Col 2. Wolfgang William Romer his Maj'y's Engineer,
lately come from New Yorke, be desired to give his advice and directions referring to the
worlies about to be done at his Majty's Castle on Castle Island, and with the Gentlemen
appointed a Committee for the repairing & anew making of Fortifications on si Island, to
oversee the si workes." — Ibid., p. 204.
The following order in Council for di-awing from the treasury the remaining one thou-
sand pounds, of the fifteen hundred pounds appropriated to the repairs of the Castle, etc.,
contains the only mention that has been discovered of the resolve of the House by which
that appropriation was fixed : —
" May 30, 1701. Whereas the Tax upon Polls and Estates granted unto his Maj^y by
the General Assembly of this Province, at theu" session begun and held at Boston upon the
29'i} dav of May 1700; amongst other uses is applied to and for the repairs of the Fortifi-
cationson Castle Island, and'the sum of Fifteen hundred pounds, part of the s^ Tax, by
a Resolve of the House of Representatives at their si Session, particularly appropriated
and directed to be imployed for that use. Five hundred pounds whereof hath been already
ordered into the hands of Mn Thomas Brattle, one of the Committee appointed to give
directions for the reparation or new making of Fortifications on s± Island, and to manage
the laving out of the money so granted as aforesaid.
Advised and Consented. That his Honour the Lieut*. Governour issue forth his War-
rant to Ml Treasurer to pay the remaining one Thousand pounds of said money, unto the
before named Thomas Brattle, as he shall have occasion thereof, for the use aforesaid, ha
being to accompt for the disposal of the same accordingly." — Ibid., p. 206.
* Province Laws, 1700-1, chapter 13.
t Ibid., 1694-5, chapter 2, preamble.
X Executive Recoida of the Council, vol. 3, p. 166.
§ Sewall's Diary, vol. I., p. 438.
II Ibid., p. 507.
[NoTKS.] Pkovince Laws {Resolves etc.). — 1700-1. 671
Chap. 8G. Thi8 chapter is from archives, vol. 101, p. 187. It is recorded ia council
records, vol. VII., p. 173.
Hinckley was governor of the colony of New Plymouth at the time of its union with
the colony of Mas-sacliusetts under the province charier. See further, concerning this
grant, in resolves, orders, etc., relating to the ostabliihment, etc., of towns, etc.
The order in Council* lor the payment of this allowance was passed April 19, 1701.
Chap. 87. This chapter is from archives, vol. 101, p. 186. It is recorded in council
records, vol. VII., p. 174. See chapter 49, ante, and note, and resolves, 1G99-1700, chapter
21, and note.
This resolve originated in the House on the thirteenth of March, and was concurred in
by the Council onlhc next day. It was based upon the following report : —
" Wee the Comitteo for granting Debentures for Souldiers wages &» In the Time of Sj
EdiS: Andros, humbly Otfers to the Consideration of this great and Generall Court as
follows.
1. Capt Jn" Wing. Demanding a Considerable Suin For forty fying his house, for
wages. cSc provission, for Souldiers There Posted, but liaving had his Orders and Commis-
sion as he Saith burnt, we Conceive it is not in our pow^ to releive him, & y', lycth nnely
with y« assembly to Determine in yj matter, and ho prays in Order there to he may be
heard
Maj^ Davison, made a demand, of fifty pounds wee find he hath made out Djsbusments
for Twenty live pounds, for y" Oth^ Twenty live pounds he saith he by S£,Edm : Andros
Order paid it to mL Wells, hath no Receipt, but Offers his Oath y' he soe did, it is, wee
Conceive for this honoured Court to Determine whether his Oath Shall be accepted For
that twenty five pounds
The Debentures are not yett Delivered to y^ Demandants in ye County of Hampshire,
& for as touch as Severall demands are for provisions &» for yf Supply of C0II2 Treatt
& his Souldiers, wee pray the direction of the Court whether they ai'e intended tolje paid
as well as others
There are Severall demands made for Souldiers in Severall Garrissons und' L£f Paine
and others y' were not in y-' form^ Acc'ls presented to this hnnbie Assembly, and no OfB-
cers alive to attest Lists, we pray direction therein, they being well made out wheth: we
may not grant debentures for y« Same as well as Others, all •wOi is Submitted by
Yo'- humble Serves. ^^^^^ Sergeant in y
name of Comittee." — Mass. Archives, vol. 101, p. 185.
Chap. 88. This chapter is from council records, vol. VII., p. 175. It has not been
found in the archives.
The committee appointed by chapter 59, ante, made the following report, which was
read in the House on the seventh of March, 1700-1 : —
" At a Great and General Court or Assembly for his Ma'y Province of the Massachu-
setts Bay in New England, begun and held at Boston upon Wednesday the 29t.h of May
1700. In" the twelfth year of his Ma'ys Reign being convened by his Ma'Vs Writts.
Resolved That James Ptussell Esq^ Capl Samuel Phips and Cap' Stephen French be a
Committee to take care that a suitable place at Cambridge be provided for the reception
and entertainment of the President 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.
Is^ Addingtox Secry.
. We vnder written being Appointed by the Hon? Gen'} Court To Attend the Abouesd
Order, did Accordingly repair to Cambridge & P'cured Sutable Entertainment At my Aron
Boardmanst for the reception of the p'sident, wch was then Acceptable to him. We like-
wise, viewed ye hous j\ was built for Entertainment of the p'sident, and* found ye Scittu-
ation As conuenient as any place thereaboutes, but ye hous was much out of repair but
Judge it may be made Accomadable for ye End it was designed for wch is the Needfull at
p'sent from Yor humble Serut^ Ja : Russell
Samv Phipps
Stephen ffrench." — Mass.
Archives, vol. 58, p. 219.
Upon the foregoing report the present chapter was passed by the Council, on the four-
teenth, and the next day it was concurred in by the House.
By the seventh of April the house for the president had been carefully examined by
the committee, .and an estimate made by them of the cost of putting it in repair. They
laid this estimate before the Governor and Council, whereupon the following order was
passed : —
"April 7, 1701. Whereas the great and General Court or Assembly at their Session
held the 12tJ} day of February last ordered that the Dwelling house in Cambridge built
for a presidents house be forthwith repaired and fitted up for that use, and that John
Leveret Esq. Ml James Oliver & Ml Thomas Oliver be a Committee to take effectual
Older, that the said house be repaired accordingly and to lay the accompt of the charge
thereof before the Governour and Council, & payment to be ordered accordingly. And
whereas the said Committee having viewed the said house together with a Workman,
* Executive Records of the Council, vol. 3, p. 195.
t Aaron Boardman, the son of William, was a locksmith, and, in 1675, he was appointed to take
charge of the college clock, and to serve as college smith. He succeeded his brother Andrew, as
college cook and steward, which otiice his father had held until his death. "He inherited his
father's estate on the westerly side of Duuster street." — Paige's Hlitory of Canibridae nn
■iOO. 401. . .> ./ tf iff.
672 Provixce Laws {Resolves etc.). — 1700-1. [Chaps. 89-95.]
hare made a computation that the charge of materials and workmanship for repairing
the said house will amount to one hundred and fifty pounds, & have desired that a sufQ-
cient sum of money may be put into their hands to enable them to procure the materials
for the sij worke.
Advised and Consented. That his Honour the LieutL Governour issue forth his Warrant
unto Mr Treasurer to pay unto the said Committee the sum of eighty pounds, for the
use aforesaid." — Executive Records of the Council, vol. 3, p. 190.
On the twenty-second of August, 1701, a similar order* was passed for paying to thia
committee the further sum of seventy pounds for the same purpose.
Since Mather was superseded by Willard early in Septeuiljer, it is probable that he never
occupied the house prepared by the committee.
See chapter 46, mite, and note.
Chap. 89. This chapter is from archives, vol. 119, p. 190. It is I'ecorded in council
records, vol. VII., p. 175.
This resolve originated in the House on the fourteenth of March. On the next day it
was concurred in by the Council and consented to by the Lieutenant-Governor.
Chap. 90. This chapter is from archives, vol. 48, p. 331. It is recorded in council
records, vol. VII., p. 175.
The order in Councilf for the payment of this allowance was passed March 15, 1700-1.
Chap. 91. This chapter is from archives, vol. 48, p. 328. It is recorded in council
records, vol. VII., p. 176.
The order in Councilf for the payment of this allowance was passed March 15, 1700-1.
Chap. 92. This chapter is from archives, vol. 70, p. 520. It is recorded va. council
records, vol. VII., p. 176.
By the following record, it would appear that Clarke and others presented petitions for
relief: —
" Feb. 24, 1700-1. A Petition of Capt Timothy Clarke Commander of the Fortifications
in tlie Town of Boston, And A Petition of William Tilly Gunner of the Same praying
allowance for their said Services were Severally read ;
Ordered That Elisha Hutchinson, and Penn Townsend Esq'' do Carry down to the
House of Representatives, the said IPetitions, as also the Petitions of Joshua Connant,
Gunner of the Fort at Salem, and of William West Centinal at the said Fort, and do
recommend the Same to the Consideration of the House, that the said persons respectively
might be paid for their Service." — Council Records, vol. VII., p. 154.
No such petitions as those above referred to have been found, however, except the peti-
tion which Joshua Conaut presented in 1694, and which is given in the note to chapter 95,
post.
The allowance of fifty pounds made to Clarke, by the House, in resolves, 1698, chapter
49, was cut down, by the Council, to thirty pounds. The twenty pounds now granted
appear to have been intended to make good the sum which the House had formerly deemed
a proper compensation, regardless of the terms of the former resolve which expressly pre-
cluded any future allowance.
The order in Councilf for the payment of this allowance was passed March 15, 1700-1.
Chap. 93. This chapter is from archives, vol. 48, p. 326. It is recorded in council
records, vol. VII., p. 176.
This resolve originated in the House, and was passed by the Council on the fifteenth of
March, 1700-1.
The order in Ceuncilf for the payment of this allowance was passed March 15, 1700-1.
Chap. 94. This chapter is from archives, vol. 48, p 330, It is recorded in council
records, vol. VII., p. 176.
This resolve originated in the House on the fourteenth of March, 1700-1, and was con-
curred in by the Council on the next day.
The order in Councilf for the payment of this allowance was passed March 15, 1700-1.
Chap. 95. This chapter is from archives, vol. 70, p. 521. It is recorded in council
records, vol. VII., p. 176.
As stated in the note to chapter 92, ante, no petition by Conant has been found about
the date of this chapter.
The following petition, however, with the order of the House thereon, remains in the
archives : —
" To His Excellency Sl William Phips Knt Capt Gener.all and Gour.in Cheife in & Over
Thier Maj'ies Province of y« Massachusets Bay in ISTew England//
The Humble Peticon ot' Joshua Conant is. That Whereas your Excellency was pleased
to appoint me Gunner of yr Maj'jesfort at Winter Island at Salem & your peticoner hauing
attended that Service accordingly ever since your Excellenceys arriuall and haue receiued
but. Twenty fiue poundes towards my Wages whereby your peticoner is Reduced to great
want streig'hts & difficulties which I haue lately laid before your Excellency & Honouri^ie
Councill but haue as vet no releife//
Wherefore your peticoner doth pray your Excellency to Consider my necessitous Con-
dition and order me payment of what is behinde otherwise your peticoner Cannot subsist
nor Continue in y° post your Excellency was pleased to put me in. hauing a wife &
* Executive Records of the Council, vol. 3, p. 239.
t Jbid., p. 135.
[Notes.] Province Laws (Resolves etc.). — 1700-1. 673
family tft provide for wlio are in present need at tliia time. & your peticoner as in Duty
Bound sliall allwaies pray &c
Saloni October. ITV lG9i ://
voted That, accouiitins s<' Fortification nor otiior benefit to the Country but as other
Fortification" in the Frontier Townes doe not se good to allow tho same but Judge that
the 'i'o^vn ouccht to pay y Gun^
past in tho'allirmative by the house of Representatives & sent up to his Excy and Coun-
cil for Consent
October 22J 1694 Nehemiau Jewet Speaker." — Mass.
Archives, vol. 70, p. 231.
The order in Council* for the payment of this allowance was passed March 15, 1700-1.
Chap. 9G. This chapter is from council records, vol. VII., p. 17G. It has not been
found in the archives. See Province Laws, vol. I., preface, p. XXV., and foot-note 2.
The order in Councilf for the payment of this allowance was passed March 15, 1700-1.
Chap. 97. This chapter is from archives, vol. 48, p. 325. It is recorded in council
records, vol. VII., p. 177. See p. 239, ante.
This and the two following resolves, tliough passed separately, were joined in one para-
graph, as a single resolve, in the Secretary's records, and by a single order in Council,t
passed March 15, 1700-1, the treasurer was directed to pay each of the three allowances.
Chap. 98. This chapter is from archives, vol. 48, p. 332. It is recorded in council
records, vol VII., p. 177. See the foregoing note.
Chap. 99. This chapter is from archives, vol. 48, p. 327. It is recorded in council
records, vol. VII., p. 177. See the note to chapter 97, supra.
Chap. 100. This chapter is from council records, vol. VII., p. 177. It has not been
found in the archives.
The order in Councilf for the payment of these allowances was passed March 15, 1700-1.
Chap. 101. This chapter is from archives, vol. 48, p. 329. It is recorded in council
records, vol. VII., p. 177.
Chap. 102. This chapter is from archives, vol. 70, p. 519. It is recorded in council
records, vol. VII., p. 177.
Chap. 103. This chapter is from archives, vol. 11, p. 156. It is recorded in council
records, vol. VII., p. 177.
The following entry in Sewall's Diary gives an account of the effect of the first rumor
from New York of Governor Bellomont's death, and of the manner in which the tidings
were conveyed to Boston : —
" Satterday, March. 15* 1700/1 The Town is fill'd with the News of my Ld Bellomont's
death, last Wednesday was seiiight. The Thorsday after, a Sloop set sail from N. York to
Say-Brook; Mr. Clark, a Magistrate, carries it to New-London ; fi"om thence Mr. South-
mayd brought it by Land last night, Capt. Belchar acquainted Mr. Secretary with it about
9 aclock last night. Upon this the Assembly is prorogued to Wednesday, the 16* April,
at 9 mane." — Vol. II., j). 33.
By the twenty-fourth the news of the Governor's death was confirmed, and thereupon
the Council took action as follows : —
" March 24, 1700-1. The General Assembly at their last Session having past a resolve
that a General Fast be appointed to be observed throughout this Province, on such day
as this Board should order, and that if the unhappy news of his Exo- the Govern''* death
should prove true, it be therein particularly deplored.
A Proclamation was accordingly drawn up & agreed unto, appointing Thursday the
24y> of April next for that purpose." — Executive Records of the Council, vol. 3, p. 188.
In a later entry in his diary, Sewall gives the following account of the proceedings in
Boston upon receipt of the news of the interment of Bellomont : —
" Apr. 7'-" 1701. Last Satterday News was brot by the Post of my Lord's Interment,
March 27 : So 46. Guns were ordered to be fired at the Castle, and 22. at the Sconce : were
fired about 6 — .p.m. Have warm discourse about the sitting of the Court. L' Gov would
have it dissolv'd; most of the Council are for its sitting." — Vol. II., p. 33.
The General Court stood prorogued from the fifteenth of March to the sixteenth of
April, when it assembled, and continued in session until the nineteenth, on which day it
was dissolved. During the interim the Lieutenant-Governorvvrote to Sir Henry Ashurst
as follows : —
"Boston, April the 10* 1701.
Hon'''" SF/.
You will probably have the Intelligence of the death of the Earl of Bellomont our late
Governor before this can arrive unto you ; It being now more than five weekes since he
departed this life at New-yorke VizJ on the .5* of March, last; From whence I am
Informed a Ship sayled for London the next day after. The Notice of his Lord?' death
was the more suprizing to my Selfe and the Council, in that we were in expectation of
bis speedy return to this part of his Governm' a rumour thereof was brought to Town
* Executive Records of the Council, vol. 3, p. 185.
t Ibid., p. 188.
674 Province Laws (^Resolves etc.). — 1701-2. [Chaps. 1, 5.]
whilst the Assembly were sitting, and on the day of their riseing; who desired that if it
should prove true, his LordP^ death might be deplored in a General Fast; which was
accordingly ordei'ed as you will see by the inclosed Proclamation : And there are no small
impressions of sorrow made on this people in sense of the very great loss they have suf-
fered in being deprived of such a Governo"; whose worth and eminency as well as great-
ness commanded their Respect, and his singular temper and prudence in his Conduct
very much endeared him in their atfections, the makeing up of our Loss is alone with
him who has the residue of the Spiiit and can give it forth at his pleasure.
It is not to be doubted, but that so soon as the news of his LordP^ death shall arrive at
"White-hall, there will be applications made, and divers putiug in for the Government.
We depend on his Majfy^ Ro.yal Favour and gracious Regard towards us therein ; whereof
we have no reason to doubt iiaveing received so large testimonys thereof in time past.
I beleive nothing will be wanting on yo.f part, wherein you may promote the Welfare of
this Province
I am with much Respect. HonWe Sj/.
Your affectionate humble Servant,
S.r Henry Ashhurst." — Mass. Archives, vol. 51, p. 114.
Chap. 104. This chapter is from archives, vol. 70, p. 518. It is recorded in council
records, vol. VII., p. 180. See chapter 26, ante.
The order in Council* for the payment of this allowance was passed August 1, 1701.
Chap. 105. This chapter is from council records, vol. VII., p. 183. It has not been
found in the archives.
1701-2.
Chap. 1. This chapter is from council records, vol. VII., p. 187. It has not been
found in the archives.
The election sermon of the previous year was preached by the Rev. Cotton Mather,
from Ps. cxlvii. 2: "The Lord doth buildup Jerusalem: he gathereth together the out-
casts of Israel."
This sermon was printed,t though it seems not at the expense of the province, neither
has any vote been found of the Legislature, or of the Council, inviting the preacher to
deliver it, or thanking him for it. During the last session of the previous Assembly the
following preamble and vote were passed by the representatives, but it has not been ascer-
tained that the Council concurred : —
"Although Wee would very gladly heare a Sermon upon the Election Day as is Cus-
tomary Yet having been incoveniently Straitned & belated in the work of that day by
reason of much time spent in Taking the Oaths and in repeating and subscribing the
Declaration, as seven yeares Experience hath shewed
Wee therefore humbly propose to his Excellency and Council That the Ordinary Course
of the Lecture may l)e kept upon the Election- Week And that Wednesday maybe left free
for the peculiar busines belonging to it
In the House of Representatives March 15* 1699r-1700]
Jams Converse Speaker." — Mass.
Archives, vol. 11, p. 143.
The preacher of the election sermon, this year, was nominated by the Lieutenant-Gov-
ernor with the consent of the Council, as follows : —
"Marcli 13, 1700-1. His Honour the Lieuti Govr nominated to the Board Mr Joseph
Belcher Minister of Dedham, to preach a Sermon to the General Assembly at their con-
vening on the last Wednesday in May next. And it was consented by the Board that the
said Ml Belcher be desired to prepare and preach a sermon accordingly." — Executive
Records of the Council, vol. -3, p. 184.
The text he selected for this sermon, which was preached on the twenty-eighth of May,
was from Job xxix. 25, and the sermon was afterwards printed. t
Sewall thus records the compliance of the committee with the order which constitutes
this chapter : —
"May, 29'.i' [1701] Major Walley and I wait on Mr. Belchar at Mr. Wadsworth's and
give him the Thanks of L* Gov and Council for his Sermon, and desire a copy." — Diary,
vol. II-, p- 35.
Chap. o. This chapter is from archives, vol. 101, p. 193. It is recorded in council
records, vol. VII., p. 195. See resolves, 1699-1700, chapter 21, and note, and 1700-1,
chapter 49, and note.
* Executive Records of the Council, vol. 3, p. 228.
t A Pilliir of Gratitude. Or, A brief Recapitulation, of the Matchless F.avours, with which the
God of Heaven liath obliged the Hearty Praises, of His New-English Israel. A Sermon delivered
in the Audience of his Excellency, the Earl of Bnllomont, Captain General, and Governour in
Chief, and of the Council & Representatives, of the General Assembly of the Province of the
Massachusetts Bay, Convened at Boston, in New-England. On May 29 1700 the Day, for Election
of CouDsellors, in the Province. Whereto there is Appendiced, an Extract of some Accounts,
concerning the Wonderful Success of the Glorious Gospel, in the East-Indies. Boston, Printed
by B. Green, & J. Allen. 1700. 12 mo. pp. 1-48.
A copy is in the library of the Massachusetts Historical Society and another in the library of
Harvard College.
t An order in Council for the payment of £6 Zs. was passed September 6, 1701, for five hun-
dred copies of this impression. — Executive Hecorde of the Council, vol. 3, p. 245.
[Notes.] Province Laws {Resolves etc.). — 1701-2. 675
Tho following entry in the account of the province treasurer from Ma}' 27, 1702, to May
26, 1703, shows tho amount paid on tho debentures drawn l)y tho committee whose services
were continued by this order : —
"Paid Sundry p'sons for wages & other servica done for the Piiblick con-
tracted dureini^ the time of tho Government of S^ Edrnond Andross
pursuant to Debentures drawn by a Committee appointed by the Gen-
eral Assembly 74„5,, 3."
— Mass. Archives, vol. 122, p. IGO.
Chap. 9. This chapter is from archives, vol. 20, p. 49. It is recorded in council
records, vol. VII., p. 201.
As recorded, this order contains a clauso to the effect that tho chairman "appoint the
place of sitting," and after the word ^^ diem" tho additional words "until they prepare
a report."
Besides communicating tidings of the decease of Bellomont to Mr. Blathwayt in the
letter printed in the note to resolves, 1700-1, chapter 103, Stoughton wrote to Secretary
Vernon and to the Lords Commissioners for Trade, as follows : —
"Boston. April the. lO'.h 1701.
Rt Honi'JV.
I lay hold of this first Convayance, to give yoj Honour the sorrowful Accompt of the
death of the Earl of Bellomont, our lato Governor who departed this Life on the fifth of
March last, within his Government of New-Yorke, tho certain Notice whereof arrived to
my Selfe the. 22'.'> of the same month ; I suppose the Government there have been careful
to neglect no opportunity for transmitting the Notices thereof from thence ; which will
possibly arrive jjcfore this.
I deplore the great loss of so good a Governo": whose agi-eeable temper, great prudence
and Integrity very much recommended him to the affections of his Mafy^ good. Subjects,
and the remembrance of the happiness they enjoyed under his good Rule over them,
makes tho deeper Impressions of sorrow for their bereavment
The Honour his Maj'y was pleased to confer on these his Provinces in appointing so
Noble and a* vertuous a person to have the Government over them. Encourages us to
hope for the continuance of his Royal Favour and Princely reguard for the future.
This Province thro Gods goodness is at present in quiet but the conjuncture of Affairs
in Europe, and the rumours of tho probability of a new War do's greatly startle and alarm
us ; which if it so happen, wo shall soon be sensible of the want of his Excellencys con-
duct and tho more with respect to his management of the Indians and keeping the five
Nations in a good temper ; who will bo in danger of being debauched by the French and
drawn to espouse their Interests, in case a War arise betwixt the two Crowns. And his
Majt';e3 Interests will be greatly hazarded; which his Subjects here will not bo able to
defend; unless his Maj'y be graciously pleased to afford them Succours and supplys of
stores for War and otherwise ; wherein I humbly pray your Honours Favour, And with
the tenders of my humble Service, crave leave to Suljscribe
RJ Honbie Your Hono"
most humble & obedient Servant,
Wm Stoughton.
Rt Honbie M; Secretary Vernon." — Mass. Archives, vol. 51, p. 110.
"Boston, April the .10* 1701—.
Rt Honbie
Alth6. 1 am ready to thinke that before this can come to hand, your Lordships, will be
Advised from New-Yorke of the death of the Earl of Bellomont otir late Governour, where
he departed this life on the fifth of March past, the certain Notice whereof arrived here
the twenty second of the same month,
Yet I account it my duty by this first Convayance from hence to observe the same to
your Lordps And the sense I have of the very great Loss, which the Provinces under his
Government, and this in particular have suffered in being deprived of the Conduct of a
person so well furnished with prudence Skill and courage for management of tho publiek
Affairs ; Especially at a time when there is so great prospect of trouble and difficulties
approching, and the greatest need for a skilful Pilot to be at the helm.
His Majtiea good Subjects accounted themselves happy and were made easy by his
Excellency's prudent Administracons And lye under the highest obligations to his sacred
Majesty for his Royal Favour in sending a Governour of so great Eminency, worth and
temper to rule over them, and humbly hope and pray for the continuance of his Maj'ies
Princely care of and Regard towards them.
The rumours of a new war likely to commence dos smartly alarm and fill us with no
little consternation at the pre-apprehentions of the distresses wherein this Province will
unavoidably be emerged, if there happen a rupture betwixt the Crowns of England and
France ; For we may expect no other but that the Indians will be instigated by the French
to make fresh inroads on our Frontiers and out Plantations —
The wounds we formerly received by them being still recent the People will beextreemly
discouraged to be again embroy'led and harrassed by those Ijarbarous Salvages ; who are
not to be trusted on their most solemn protestations of Fidelity and are more hard to be
found and taken after the comitting of any outrage than the wild beasts of the wilderness. —
If his Majesty shall be graciously pleased of his Royal bounty to afford them some
Supplys of Stores for War and other assistance it will very much animate them to stand
their ground & expose their lives in the defence of his Interests, otherwise their difHculties
will be so insupportable as will necessitate them to draw in whereby the Enemy will gain
advantage.
I humbly pray your Lordps Favour effectually to Represent what is before offered, and
what else concerns this Province to his Majtjes gracious Consideration, That such season-
* Sic.
676 Provixce Laws (Resolves etc.). — 1701-2. [Chap. 9.}
able Provision may be made for the defence of the same in case of War, as his Majty in
his Princely wisdom shall thinke tit to order.
I shall take care that an Account of what shall occur for his Majt'.es Service, and of the
Administration of the Governm'. within this Province be from time to time transmitted to
your Lordps
Another Convayance will speedily oflfer, by which your LordP^ may expect a further
Accompt of Aflayrs here. In the meanwhile. I crave leave to Subscribe.
Rf Honbie Yor Lordps
"most humble Obedient Servant.
WM Stoughton
Rf HonWe Lords Commissioners of the Council for Trade SlC^/." — Ibid.,p. 112.
Upon the assembling of the General Court in its third session, the previous year, the
Lieutenant-Governor apologized for not dissolving the General Court, because " the report
of His Excellency the Earl'of Bellomont's death being brought to town just at the time
of his last parting, and not knowing what might fall out thereupon, he was willing to
continue " the court by prorogation ; and had since refrained from issuing a proclamation
for a dissolution, in deference to the advice of the major part of the Council. He proposed
no new business, but reminded them "that the province was never prejudiced by making
early provision for supplying of the treasury."
On the next day (April 17), the House sent up a message "that they had nothing of
business before them, and to pray that, considering the season of the year with reference
to the occasions of husbandry, they might be dismissed."
There seems, however, to have been one matter of business, of the intention to propose
which the Lieutenant-Governor could not have been wholly ignorant. On the eighteenth
he communicated to the Council copies of the letters written by him to Secretary Vernon
and the Lords of Trade, and ordered the Secretary to carry them down to the House of
Representatives, " for their perusal and consideration whether they should think fit to join
with the Council in making an address to his majesty, or such applications as might be
proper."
In return, the House sent up by a committee the papers and theii- thanks, together
with a message, " that the House had referred the consideration of" certain matters con-
tained in some paragraphs of the letter from the Right Honorable the Lords Commis-
sioners of the Council for Trade, etc., sent down to them the day before, to the next
session.
In compliance with the evident desire of the Lieutenant-Governor, a movement was now
made in the House to secure the concurrence of both branches in an address to the king
for praying his appointment to the chair made vacant by the death of Bellomont. The
House sent up a resolve for this purpose; but the Council nonconcurred, and, in return,
sent down the draught of a resolve for an address containing no reference to the appoint-
ment of Stoughton. The following are transcripts of these resolves : —
'* Province of the
Massachusetts Bay ss. !« t^° ^ouse of Representatives April 18'i' 1701. ,
Resolved — That an Addresse to his Majty i^e Prepared, Expressing the sense of his
Maj'iea favour in Comissionating his Excellency the late Earle of Bellomont, to be our
Govern', And our Unhappinesse in his Death,
flfurther Acknowledging his Maj'je Royall Grace in hitherto Continuing the Honi^i?
Willra Stoughton Esqf our LJ Govern"; Praying that his Honj (of whose Prudence and
Skill for managing our Publick Affairs we have had so long Experience) may be Comis-
sionated to be the Governj & CoiTiander in chief of this his Maj'i£3 Province.
That the Hon''i? Board be Desired to Join with this House in such Addresse, and a
Comittee of both Houses appointed to Prepare the same
And that a Letter be written to the L^Presid' of the Councill for Trade &c. Praying his
favour in Preferring sd Addresse.
Sent up for Concurrence. John Leverett Speaker
die ir>dict. In Council-/. Read and carried in the Negative, upon the Question put
for a Concurrance. Isa addington Secry." — Ibid.,
vol. 20, p. 43.
" In the House of Representatives April. 18. 1701
Resolved — That the House Insist upon their Resolve on the other Side, and that
Mj Speaker Maj>; Wainwright, Cap' Clark, Cap' Burrill, Cap.' Legg, Cap! Phipps and
Ca'pJ ffrench be a Comittee to Join with a Comittee of the Board pursuant to S^ Resolve.
Sent up for Concurrence John Leveeett Speaker." — Ibid.,
p. 42.
" In Council. April. IS'.h 1701.
Resolved, That his Majesty be humbly Addressed by this Court, And that a Committee
be named by this Board, to joyne with a Committee of the house of Representatives to con-
sider of the heads of said Address, with reference to the present State of the Province.
And that Wait Winthrop, Elisha Cooke Elisha Hutchinson, Samuel Sewall and Nathaniel
Byfield Esq^ be the Committee of this Board for the buisness abovementioned. _^^
'sent down for Concurrance./ Isf Addington Secry.
In the House of Representatives Die ^dict.
Read, And the Question being Put whether the above Resolve be Concurr'd, It pass'd
in the Negative. John Leverett Speaker." — 76«c?.,;?. 41.
On the nineteenth, the last day of the session, the Council sent a message to the House
requesting a conference on the subject of preparing an address. This conference, which
"was managed by Wait Winthrop, Esquire, and some others of the Board, with Mr.
Speaker on behalf of the representatives," did not result in an agreement.
• The subject of an address was revived in the next Assembly, upon the receipt of letters
from England, under the king's sign manual and countersigned by Secretary Vernon,
enjoining upon the Governor of Massachusetts to procure the enactment of laws more
[Notes.] Province Laws {Resolves etc.). — 1701-2. 677
effectually to preserve trees fit for masts and timber for the royal navy ; to urge the
repair and relniilding of fortifications on the coast of Massachusetts and New Ilamjjshire,
besides contributing to the fortifying of the frontiers of New Yoric; and for sending
accessaries in piracy to England "for trial. See chapter 24, post.
Chap. 11. This chapter is from council records, vol. VII., p. 205, and archives, vol.
121, p. 105. See resolves, irao-iyoo, chapter 50; 1700-1, chapters 50 aii<l HS; and chapter
ii\,23ost.
Chap. 12. This chapter is from council records, vol. VII., p. 205. It has not been
found in the archives. See resolves, 1G98, chapter 68, and note.
llow the petition of Perry .and Moore was again l)rought up for consideration does not
appear. This resolve originated in the House, and seems to have been concurred in by
the Council without delay. The following is the record of the proceedings had thereon : —
"June 18, 1701. This Day being Appointed for a hearing of Seth Perry and Sampson
Moor, upon tlieir Petition, The said Perry, and Moore, together with Joseph Holmes, who
was Ordered to be Notified Also to Appear, Attended Accordingly, and were Severally
heard relating to the said petition before the whole Court, in the Council Chamber." —
Council Records, vol. VII., p. 207.
Chap. 14. This chapter is from council records, vol. VII., p. 208. It has not been
found in the archives.
As early as 1635, Purchis was of Dorchester, and was made a freeman the next year.
H© removed early to Taunton, and subsequently to Lynn where he was chosen deputy,
and, later, served as town clerk, an office he had held also at Taunton. At Lynn (or
Saugus) he was clerk of the iron-works, when he became involved in litigation and lost
his property, dying at Concord, in extremely reduced circumstances. He appears to have
been a skilful scrivener, and much esteemed for his knowledge of public affairs, and was
chosen to publish the proclamation of allegiance to Charles II., by the colonial govern-
ment. Although he wrote legibly, he was not a careful town clerk.
The order in Council* for the payment of this allowance was passed August 1, 1701 ;
but Purchis dying unpaid, chapter 5 of the resolves of the next year was passed, trans-
ferring the allowance to his widow.
Chap. 15. This chapter is from archives, vol. 70, p. 528. It is recorded in council
records, vol. VII., p. 209.
As stated in the note to 1700-1, chapter 85, no vote for apportioning the first fifteen
hundred pounds to the repairs of the fortifications on Castle Island has been discovered.
The present resolve originated in the House, on the thirteenth of June, and was concurred
in by the Council and consented to by the Lieutenant-Governor, on the twentieth. Orders
in Council for the payment of this allowance to Thomas Brattle were passed as follows :
September 3, 1701, t seven hundred pounds; November 5, 1701, J four hundred pounds;
and February 11, 1701-2, J four hundred pounds.
Chap. 16. This chapter is from archives, vol. 70, p. 529. It is recorded in council
records, vol. VII., p. 209.
The following is an extract from the report of Bartholomew Gedney, Elisha Hutchin-
son and John Phillips, a committee of the Council, March 6, 1691-5 : —
"... for makeing the fort at Salem servicable its nessesary that the flancker & place
for soldiers Lodgings be covered & made thite & a platforme to be Laid the New worke
to be filled with clay morter & the platforme to be Raised & finished the new worke to be
carried thorough to y« Southeast corner & there a flancker to be builded a swell In the wall
to be mended tlie bottom of the fort to be Levelled one of the Block houses to be sucured
from being undermined with the tide. . . ." — Mass. Archives, vol. 70, p. 239.
This resolve originated in the House, and was concurred in by the Council and consented
to and signed by the Lieutenant-Governor on the twentieth of June.
On the seventh of August the following entry was made in the executive records of the
council : —
"August 7, 1701. An Order wag made out and signed by fifteen of the Members of
Council, present at the Board, directed to Col : John Hathorne Lt. Col : John Higginson
& Major Stephen Sewall, directing and impowring them to take effectual care, that the
Fort at the Town of Salem be forthwith repaired and set in good order necessary for
defence, after the best manner that may be, with the expence of the sum of one hundred
pounds granted for that use by the General Assemt)ly, and the further sum of one hun-
dred pounds to be expended by the sd Town of Salem for that use, and in like manner to
take care that for the future the si Fort be kept in repair." — Vol. 3, p. 232.
The order in Council!! for the payment of this allowance was passed October 1, 1701.
Chap. 17. This chapter is from council records, vol. VII., p. 212. It is preserved in
■archives, vol. 62, p. 324.
* Executive Records of the Council, vol. 3, p. 226.
t Ibid., p. 242.
X Ibid., p. 267.
§ Ibid., p. 281.
II Ibid , p. 255.
678 Province Laws {Resolves etc.). — 1701-2, [Chaps. 18-24. j
This resolve was founded upon the following bill or account: —
" Boston New England December 1686 —
The Massathussitts Prouince Dr
To the fraight of Sixty Large Bundles of Soldiers wearing apparell beding
&C'' ; and one Large hogshd of Linings as Sheets & Shirts ; forct from
on bord his majesties Ship of warr : Cald the King fflsher ; then riding
in the downs the 13'> of October 1086; on bord the Barbados marcht
Sam" Legg then master ; & Said goods deliuered in Boston in December
1686; vnto Joseph Dudlv Esq^ Tlaen President; The Tunage Computed
To bee 15 Tunns & ^ ; att 40/ l> Tunn £31,; 00;; 00:
Boston Nouember 22d 1699 : <P Sam^- Legg." — JV/ass,
Archives, vol. 62, p. 324.
This account having been presented to the House at the first session, this year, it was
referred, on the tenth of June, " to the committee for granting debentures on debts con-
tracted by the public in the time of the government of Sir Edmund Andros, that they
examine and consider the same," and report.
On the twenty-first the resolve which constitutes this chapter was passed by the House
and sent to the Council, for concurrence. It was concurred in and consented to and signed
by the Lieutenant-Governor on the twenty-fourth.
The order in Council* for the payment of this allowance was passed August 1, 1701.
Chap. 18. This chapter is from archives, vol. 101, p. 179. It is recorded in council
records, vol. VII., p. 213. See note to resolves, 1700-1, chapter 79, for the petition upon
which this resolve was founded.
The order in Councilf for the payment of this allowance was passed August 1, 1701.
Chap. 19. This chapter is from archives, vol. 3, p. 397. It is recorded in council
records, vol. VII., p. 213.
Chap. 20. This chapter is from archives, vol. 62, p. 384. It is recorded in council
records, vol. VII., p. 214.
This resolve, which originated in the House on the twenty-fourth of June, and was con-
curred in by the Council on the next day, is the first instance of a vote by the Legislature
for the payment of the rent of a room occupied as a public office.
The order in Council]: for the payment of this allowance was passed August I, 1701.
June 25, 1701, William Payne was " anew elected " commissioner and receiver of thfr
duties of tonnage of shipping, under the act of 1701-2, chapter 16, § 14.
Chap. 21. This chapter is from archives, vol. 101, p. 196. It is recorded in council
records, vol. VII., p. 214.
Chap. 22. This chapter is from archives, vol. 20, p. 50. It is recorded in council
records, vol. VII., p. 216.
This resolve originated in the House, where it was passed on the nineteenth of June. It
was concurred in l)y the Council on the twenty-sixth. It will be remembered that the-
acting agents for the province were not regularly commissioned.§ In 1695, Peter Sergeant
was specially appointed to assist the acting agents (see resolves, 1695-6, chapter 39), and
the next year Stoughton "proposed to the Council to have their opinion whether it were
not advisable that an agent be sent from hence to the court at Whitehall to represent and
lay before his majesty the present state of the province, etc." But, after debate, this pro-
posal was " left under consideration," and no action taken. See chapter 37, post.
On the thirtieth of April previous, Sir Henry Ashurst addressed to Bellomont, and to
the councillors and representatives, the letter of the thirtieth of April printed in the note
to chapter 36, post, in which he urged the regular appointment of an agent. Although he
did not therein expressly advise that the commission of this agent be under the province
seal, it would seem by the following extract from a subsequent letter that such was his
meaning : —
"Febr. 5">, 1700 [-1]. . . . I much wonder what ye Governour & Generall Assembly at
Boston said to my last letters of SO"" of Aprill (to which I've had no answers) in reference
to having an agent here under tlieir seal. . . ." — Winthrop Papiers, part VI., in Mass.
Hist. Soc. Coll. vol. v., sixth series, pp. 80, SI.
Chap. 23. This chapter is from archives, vol. 11, p. 161. It is recorded in council
records, vol. VII., p. 216.
The order in Council^ for the paymsnt of this allowance was passed August 1, 1701.
Chap. 24. This chapter is from archives, vol. 20, p. 51.
Of the three letters to which this memorial was in reply, the two following remain in the
archives : —
" William R.
Right Trusty and Right Welbeloved Cousin, Wee greet you well. AVhereas we have
been informed, that great Spoiles are daily committed in the Woods of New-Hampshire,
and Province of Main and other Parts within our Government of the Massachusets Bay,
by Cutting down and converting to private uses, such Trees as are or may be proper for
the service of our Royall Navy; And it being necessary that all Practices which tend so
evidently to deprive us of those Supplies be effectually restrained : Our Will and
Pleasure is, That upon Consideration of the Occasions of such abuses, the Methods hj
* Executive Records of the Council, vol. 3, p. 225.
t Ibid., p. 2-24.
i Ibid., p. 226.
\ See resolves, 1604-5, chapter 14, and note.
[Notes.] Province Laws {Renolves etc.). — 1701-2. 679
which they are carryed on, and the inconveniencics that attend them; You use your
Endeavours with our respective Councills, and the Gen'.' As.serablys of the Massachuseta
Bay and of New Hampshire, to dispose thcia to pass Acts for proventin.L; the further spoile
of those Woods, and for preserving a Nursery of such Trees, as may ho useful I for Our
Service; And in Case you cannot prevail with thorn, to pass Acts proper and sudiclent for
those purposes, That you send over hitLcr the Heads of such a Hill, as may bo effectual
for those Ends and tit to be Enacted here. So Wee l)id you iieartily farewell. Given at
Our Court att Hampton Court tlie VM> Day of January 1700/1. In the Twelfth year of
Our Reign. j3y n^^ Majesties Command.
Ja : Veunon." — Mass.
Archives, vol. 1, p. 59.
" William R.
Rii;ht Trusty and Right Welbeloved Cousen We greet you well.
Whereas by Our Letters bearing date the 10"> of February 1699/1700, We thought fit
to give you several Directions relating to the Tryal of Pirates in Our Province of the
Massachusets-Bay ; And whereas An Act of Parliament is since past for the more Effect-
ual Suppression of Piracy, pursuant to which, a Commission under the Great Seal of
England lias been also sent you, Impowering you and others, to proceed accordingly, ia
reference to Our said Province, and to Our Province of New-llampshirc, and Our Colony
ot Rhoad Island, Our Will and Pleasure is that notwithstanding anything contain'd in
Our foresaid Letters of the lO"" February 1699/1700, You henceforward take care to
Govern yourself in matters relating to Pirates, according to the intent of the Act ot
Parliament, and Commission afore mentioned. But whereas Accessories in Cases of
Pu-acy beyond the Seas, are by the said Act left to he Tryed in England, according to
the Statute of the 28"' of King Henry the VIII^'" We do hereby further"Dire«t and require
you, to send all such Accessories in Cases of Piracy, in Our foresaid Provinces of the
Massachusets Bay and New Hampshire, and our Colony of Rhoad Island, with the proper
Evidences that you may have against them, into England, in Order to their being Tryed
here. And you are to give notice of Our Pleasure herein, to the Governor and Company
of Rhoad Island, that they mav conform themselves thereunto. So We bid you heartily
farewell. Given at our Court at Kensington the 2^ day of February 1700/1 in "the 12"» year
of our Reign By liis Majesty's Command
June 2^ 1701 Ja: Vernon
A Copy of this Letter attested by Is* Addington Esq"" Secretary sent to the Gov &
Company of y« Colony of Rhoad Island." — Ibid., vol. 51, p. 103.
The other letter, dated .January 19, 1700-1, has not been found, but its substance may be
inferred from the following representation to the king, by the Lords of Trade, communi-
cated in a letter to Secretary Vernon : —
Sir/ " Whitehal. January the lO'^h 1700/1.
In pursuance of his majesties Commands We herewith send You Our Representation to
his Majesty, relating to Forts on the more Northern Parts of America: And according to
your Directions of the 25':'» of the last month, We enclose Draughts of Letters for his
Majesties Royal Signature, to the Governments of the Massachusets Bay and New
Hampshire ; To take care of their own Coast ; and to the other Plantations respectively,
to encite them to contribute, in all, the Summ of 3000" Sterling towards the charge of
Securing the Frontiers of New Y'ork, which sum We fear is the Utmost they will con-
tribute at this time.
And because the Governments of the Jerseys are in Disorder, and without Governors
qualified by Law; We have not prepared Letters for those Colonies, thinking it more
proper for my Lord Bellomont to Signifye his Majesties Pleasure to the People there,
according to the Directions now prepared, in the Draught of his majesties Letter to his
Lordship as Governor of New York, As to the Summ of 2000«'' for which his majesty has
thought fit, that the Earl of Bellomont draw Bills in smal Sums at several times, towards
the Fortifying Albany and Schenectady ; We concieve, the Forts at those places are now
in greater Danger, than his Lordship cou'd apprehend, when he wrote his last Letters;
and that he will not readily get Credit in New York, for mony payable by the Treasury
here; and therefore humbly offer, that 500« thereof be immediately paid to his Lordps
Agent here to be forthwith returned in liiiu, tiiuc the work may Ije proceeded upon with all
possible Expedition : After which his Lordship may have time to draw Bills for the rest.
And his majesties Pleasure is to be farther known on what Person or Persons his Lord-
ship shal draw such Bills, according to the Course of Merchants.
We send you herewith a Copy of the Quota mentioned in each of the forsaid Letters, to
be transmitted accordingly.
And We desire you to be mindful, that it is necessary. Two Originals be prepared of
each of these Letters at the same time, that they may be sent by different Conveyances.
We are Sir Your most humble.^ervants. Stamford
Ph : Meadowes
w*i b lath watt
jNp POLLESFEN
Geo: Stepny
Mat Prior.
Mr Secretary Vernon." — 76/c?, fo^. 70, p. 484.
The following extracts are from the representation of the Lords of Trade to the king in
his Privy Council, as mentioned in the foregoing letter : —
"... On the Continent your Majesty has one continued Dominion for at least 17
Degrees beginning from the River S'f Croix; and ColU Ronier the Engineer has by order
from the Earl of Bellomont surveyed all the Coast from St Georges to Boston, and sent
us Draughts of the Principal Bays and Rivers, which we hiimbly lay before Your Majesty
with the Condition of several places which are thought necessary to be fortified.
680 Province Laws (Resolves etc.). — 1701-2. [Chap. 24.]
The Entrance into Sf Georges River being difficult because of several Islands and Rocks
in the Bay of Muscoiicas a small Redoubt and Battery upon the neck of what is now
Called Bellomonts Bay is Judged sufficient for the security of that River.
About five Leagues to the Westward of ii\ Georges lyes Pemaquid a Spacious River
and of great Consequence as covering three other Rivers, Damarascot, Sheepscot, and
Kennebec; and therefore deservs to be well Guarded. At the Entrance of this River
within two Leagues of the main sea, formerly stood a Fort which at tbe approch of two
men of War with 100 French & 500 Indians was shamefully surrendred in August 1696
and demolished.
For the Security of this Port & harbor and of all that Country, and to encourage people
to settle there as formerly, a good Fort ought to be built in the same place or thereabouts,
and for its better defence in Case of an attack from the sea a Battery may be raised on
the next point of Land, & a redoubt or round Tower on Johns Island.
Towards the mouth of Kennebec River (seven Leagues from Pemaquid) are many little
Islands ; On that of Damaras-Cove there was before the War a Pallisadoed Fort for the
defence of y9 Fisherman, & another on Cape Auawagon where they used to Cure their
Fish ; But to Guard the Entrance of the River a Redoubt ought to be raised on the Island
Sagadahock and a little Fort at New Town in Rouseck Island two Leagues up the River,
where there was formerly a small square one Pallisadoed.
Casco (six Leagues from Kennebec) is a convenient Bay, on the Northwest point where-
of was formerly a village called Falmouth, and a wooden Fort both which having been
destroyed in the late War. The Goveriinient of the ISIiissachusets has ordered a new Fort
and Trading house to be built thereabouts which may be of good service.
Saco River (about nine Leagues to the Westward of Casco) is but smal and it's naviga-
tion interrupted by a sandy Bank at it's Mouth almost dry at Low Water. Two Leagues
up the River on the Western-side near the Falls, stands a stftne Fort and a Tower in the
form of an irregular Pentagon, which (iuu;lu to lie kept in repair, and Collonel Romer has
marked out a place on Winter harbour, or Stage gut point four Miles from the Mouth of
this River for the security of the Fishery
At Wells and York are villages w'.'' little Garrison Houses which require no further
consideration.
Piscataway (nine Leagues from Saco) is an Important River being the the* Boundary
between the Province of Main and New Hampshire. On the great Island at the Mouth of
this River is a Fort of 30 Guns on New Hampshire-side, but incapable of defending the
River, Yet the place where the said Fort stands is very proper for building a good new
Fort, such as the growing Trade of that place and ("ountry requires Collonel Romer has
sent a design thereof and adds that a good strong Tower on the point of Tryars Island,
a Battery on Wood Island, and an other Battery on Clerk's Island wou'd be very
necessary.
The Massachusets Bay, has in it many Islands, and among the rest Castle Island not
far from Boston, of great Security to that harbour. In the said Island is a Fort which
Colonell Romer proposes to be repaired and enlarged ; and for the bett.r securing the Pas-
sages and Channels of the Bay, he further proposes some points of Land to be provided
with Batteries.
Having laid before j'our Majesty this account of the Fortifications on the Continent,
AVe humbly beg leave to add.
That the Province of the Massachusets Bay, being a Numerous and wealthy Colony,
enjoying great priviledges, by Charter ; ought to be required to Repair, Erect and Main-
tain at their own Expence, the Fortifications in the fore mentioned places, under that
Government; and most particularly the Fort at Pemaquid, the chief Frontier of that
Province towards the French and their Indians, which was well kept up, whilst it
remained under the immediate Government of the Crown : The said Forts being neces-
sary for the securing of the Timber and Fishery on that Coast and to encourage the
resettling the Province of Main and the more Eastern parts, which have been destroy.<i
and laid waste ia the late War, by the Mismanagement and neglect of the Massachusets
Government.
That the said Province of the Massachusets Bay, ought also to be assisting to the
Province of New Hampshire in their Fortifications." — Ibid., p. 487.
The foregoing letters, and the accompanying papers, were laid before the Council by the
Lieutenant-Governor, on the twenty-ninth of May, and after they were read they,
by his order, were sent to the representatives. Subsequently there were sent to the House
copies of Stoughton's later letters to Secretary Vernon, and to the Lords of Trade, as
follows : —
"Boston June SJ 1701 —
Rt Honb.ie
Having already by two several Conveyances, one of them in April and the other in the
beginning of May last given your Honour an Accompt of j« melancholly condition of
this Province by the death of our noble Governour the R' Honb'o Earle of Bellomont, of
whose prudent and wise conduct, it is our great unhappiness to be deprived, and the
more so by reason of those troubles, unto which, according to y« present appearance of
aflairs, we seem liable to be exposed — And having also in my s'' Letters humbly prayed
■yo\ Hon" favour towards this his Ma'.*^^ Province, in representing the state & circum-
stances thereof unto his Ma'y and obtaining from his Royal bounty such supplies of
stores of War and other assistance, as with "the Blessing of heaven may be for j" preser-
vation of his Ma'-^* Interests and the safety of his good subjects in these parts, 1 shall not
now trouble your honour with any further recital of what is contained in those Letters,
hopeing the same will come safe to your Honours hands, and humbly confiding in your
honours goodness for a fauourable regard to my humble suit therein
• Sic.
'[Notes.] Province Laavs {Resolves etc.). — 1701-2. 681
Sinco my writin.f? of my afores'' Letters I liavo received his Maty" three several Royal
Letters one of them of the 19tJ} of January 1700/1 referring to the spoils coiHitled in the
woods by cuttini^ down and converting to private uses such Trees as are or may i)e proper
for the service of his Matys Royal Navy, and direclint? me to use my Endeavours with the
Council & assembly to get such an Act past as may l)0 effectual to prevent the making
such spoile for y^ future; — one other of them, of the same date, relating to Forts &
Fortifications, and assistance fo be given to the Province of New Yorke, in case of an
Invasion, and tbe other of them of the 2^ of February 1700/1 referring to accessories in
cases of Piracy.
And have communicated the s'' several Letters to the General Assembly now sitting
And recommended the consideration of the same unto them, that they may make such
provision as is proper, relating to the several heads thereof, to comply with his Maty^ Com-
mands. They had before granted money for the repairing and now making of Fortiflca-
tions on Castle Island (so called) near Boston, which are in doing by the advice and
direction of Col" Romer, his Ma'y Engineer
His Matys in his s'> Letter of the 2<_i of February relating to Accessories in Piracy,
having directed That his Will and pleasure therein be signified unto the Govcrnour "&
Company of the Colony of Rhode Island, that they may conforme themselves thereunto
I have accordingly sent them a Copy of his Ma'-ys sd Royal I,etter, And have likewise sent
a Copy of That of the 19'-h of January referring to spoils in the woods, of Trees fit for the
service of his Ma'ys Royal Navy, unto the Lieu' Governour of the Province of New Hamp-
shire,— And crave leave humbly to observe unto your hon"; that I apprehend it will be
difficult to in-evail with the assenibly of tliis Province to be at charge for the building or
maintaining of Forts at Piscataqua or other parts of that Province which is challenged to
be the propriety of a single private person — This Province having, in the late war, expended
many thousand pounds in the assistance given his Ma'y^ subjects there for their defence,
of which no part hath been reimbursed. Besides, the Inhabitants of this Province being
extreamly impoverished & many scarce able to provide for their necessary subsistance,
and having many Frontier Towns and jilaces of our own, some of which are also Barriers
to that Province, they think the People thereof are as well (if not more) able to bear the
charge of necessary Forts & Fortifications for their own defence, than those of this Prov-
ince are to support their own, and other great charges of this Government —
As to the erecting of a Fort at Pemaquid it is tlie general opinion of all who know y»
place that the situation thereof is such as renders a Fortification there of very little or no
use for the securing of any of our Plantations, nor can it be a bridle to the Indians, being
far remote from any present settlem.' of the English and lies much out of the Common
road of the Indians, the greatest numbers of which, that usually annoy us, having their
Plantations and settlements on this side thereof
The Quota of men required from this Province for the assistance of New Yorke do's not
a little startle his Ma^y^ subjects here, who apprehend themselves to lye more open and in
danger of an Invasion than that Province and altogether as unable (if not more) than they
to defend themselves without further assistance and they humbly hope for his Ma<y^ Royal
Grace therein
I have not any thing further to observe unto your honour at present, but to assure yC
honour that I shall studiously endeavour in my station to promote his Ma'y service in all
things to the utmost of my power, whereof I crave your honours beliefe, as also that I am
— with all imaginable respect Rt jjonWe Your honours
Most humble and obedient servant
W. Stoughton.
Honbie in"" Secry Vernon." — Ibid., vol. 51, p. 125.
Rt Honoris " Boston, 3d June. 1701. —
By a Vessel! that Sayled from hence for London in April last, and also by another in
the begining of May, I transmitted unto your Lordp^ the sorrowful tidings of the death of
the R'. Honi^Jc the Earl of Bsllomont, his Ma'ys Capu? General and Governour in chief
over this Province &.& which I presume is long before this come to your Lordp' Knowl-
edge; It's a very great unhappiness to this Province to be deprived of his Excell^y.^ Con-
duct, especially at a time when the conjuncture of Afiairs seem to forbode our being
involved in more than ordinary difficulties and troubles.
I was humbly bold to pray j- our Lordi's Favour in concerning your Selves for the preser-
Tation of his Majt'^s Interests and the safety of his good Subjects in these parts, that they
may not fall a prey to a potent Enemy ; but that early care may be taken for such Sup-
plies of Stores for War, and other assistance to be afforded them, as with the blessing of
God may enable them to defend themselves and his Maj'ies Interests, if a War breake
forth :
I hope my former Letters will come safe to hand, and shall therefore forbear giveing
yor LordK the trouble of the repetition thereof, resting confident of your LordP^ kind
regard, in representing to his Maj'y the dependance and humble expectation which his
MajtZ! good Subjects here have of receiving his Royal Aid.
Since the writing of my former, I have with the Advice of the Council, commissionated
some persons to manage a Treaty with the Eastern Indians, and to endeavour to prevent
their being debauched by the French, that they may not take part with them against us.
And to Oblige them by Presents and assurances of full supplys for Trade to be afi"orded
them, and of kind usage therein, beyond what they have had from the French. The said
Commissioners are not yet returned, so that I cannot by this Convayance give your Lord?'
an Accompt of their Negotiation ; which I hope will have a good Issue.
I have to acknowledge unto yo^ LordP^ the receipt of his Ma''.<^3 Royal Commission for
the Tryal of Pirates within this Province, the Province of New-Hampshire, & Colony of
Rhode Island, pursuant to the late Act of Parliament, Entituled An Act For the mora
eflFectual Suppression of Piracy, with several of the said Acts inclosed in the Box there-
with.
682 Provixce Laws {Resolves etc.). — 1701-2. [Chap. 27.]
As also the receipt of the representation made by yof Lordps upon several Acts and
Laws made and passed by the General Assembly of this Province from the lo'.h of Decem-
ber 1697. to the 13'-'' of March, 1699 /1700. with his Mai4<^^ Orders in Council Declaring hia
Royal Approbation and Confirmation of several of the said Laws, therein particularly
enumerated by their respective Titles. And his disallowance & Repeal of some others;
which I shall endeavour may be amended haveing regard to the Exceptions made by yoF
Lordps thereto.
I have Likewise received his Maj';es three several Royal Letters, two of them of the
.19'.'> of January. 1700/1. and one of the 2^ of February 1700/1. one of the first referring-
to the Spoils committed in the ^V'oods, by cutting down & converting to private uses such
Trees as are or may be proper for the Seiwice of his Matl£? Royal Navy ; And the other
referring to Forts and Fortifications, and assistance to be given to the JProvince of New-
Yorke in case of an Invasion.
And that of the latest date referring to accessories in cases of Piracy ; All which I have
communicated to the General Assembly now sitting, and recommended the Consideration
of them unto them. That such provision may be made by them as is proper on the several
heads therein mentioned to comply with his Ma'ies Commands
Nothing further offering at present for his Maj'ies Service, I crave leave to Subscribe.
Rt. Honb.ie Your Lordps
"most humble and Obedient Servant.
WM Stoughtox. — .
Lords Comissiouers of the Council for Trade and Plantations." — Ibid., p. 12S.
The omitted portions of the last letter are substantially identical with what is contained
in the foregoing letter to Secretary Vernon respecting the building of fortifications in New
Hampshire and at Pemaquid, and the quota required of Massacbusetts for the defence of
New York.
On the twenty-fifth of June, Wait Winthrop, chairman of the joint committee appointed
by chapter 9, ante, presented to the Council the following report : —
" The Committe in p'^suance of the order of y Great and Generall Court bearing date.
June 13"' : 1701 : appointing them to Draw up an addi'ess to his Majestie referring to y«
matters Contained in his Lett's laid before the Court, and Such other things as may by
them be thought meet to be laid before his Majestie for his Service, and good of his Sub-
jects here ; Are of opinion that its the best way to giue answer to his Majesties gracioua
Letfs by way of a memoriall, and therefore haue Done it as aboue. And that it is now a
propper time to petition his Majestie for a restoration of Some of our former priviledges,
viz' The Choosing of our Governo"" L' Governo'' and Secretary, and Such others as this
Court Shall think fitt; and that an address be drawn up accordingly, which Cannot well
be done before the Courts minde be known respecting the Same.
by order of the Committe
Wait- Winthrop." — Ibid.,
vol. 20, p. 54.
This report was read at the Board, on the twenty-fifth, and again on the twenty-sixth,
when it was agreed to and sent to the House, for concurrence, where, on the following-
day, the Speaker signed a minute thereon, of " not agreed to," and it was returned to the
Council, on the twenty-eighth.
The recommendation of the committee that the king be addressed for the restoration of
former privileges being thus rejected, the memorial was allowed to stand with the date
of the vote of the House thereon (the twenty-seventh), unchanged —the only objection
offered by the representatives having been to the rejected recommendation.
By this time the Lieutenant-Govei'nor, who had been in failing health, grew suddenly
worse, on which account he adjourned the Assembly to the fourth of July, and then to the
thirtieth. But, on the seventh, he died, leaving unsigned this and several other matters
which bad passed both branches. When the Assembly again convened, on the thirtieth of
July, the representatives were summoned to the council chamber, after the usual pre-
liminaries, and addressed by Wait Winthrop, in behalf of his associates, in a speech* in
which he reminded them " That at the time of their late recess the Court were upon Con-
sideration of the Import of his Majesties Gracious Letters of the 19'^ of Jan"--^ and the
2'' of February last, and of Addressing his Majesty, But by reason of the Lieut Gov-
emours indisposition, and Sickness could not proceed to the finishing of the Same, and
therefore were Adjourned until this time. And that it had pleased God Since to remove
the Lieut" Governour by Death upon which According to the Directions of his Majesties
Royal Charter, or Letters patents, the Council had taken upon them the Administration
of the Government, and Emitted a Proclamation, Accordingly, And had Also written
Letters to Some of the Ministers of State to give them an Accompt thereof, that his
Majesty might be Informed of the Pres-' Circumstances of the Governmf (the Copies where
of were Delivered to M' Speaker for th'e perusal of the House) And then directed that the
Court do now proceed in that Business where they left at the time of Adjournment."
The memorial appears to have been dropped, at this stage, and in place thereof the
address which constitutes chapter 55, post, was prepared and ordered to be forwarded for
presentation to the king; but a report having been received of the appointment of Gov-
ernor Dudlev.t the memorial and address were withheld until the eighteenth of October,
when they were forwarded, together wiih another address which constitutes chapter 71,
post.
Chap. 27. This chapter is from archives, vol. 101, p. 197. It is recorded in council
records, vol. VII.. p. 219. See resolves, 1699-1700, chapter 21, and note, and 1700-1,
chapter 49, and note.
* July 30, 1701. Council Records, voL VII., p. 224.
t See note to chapter 51, post.
[Notes.] Province Laws (Be.solves elc). — 1701-2. 683
The order in Council* for accepting and paying the debentures drawn upon the province
treasurer by this committee " or by any three of them " was passed August 14, 1701.
Chap. 28. This chapter is from council records, vol. VII., p. 220. It has not been
found in the archives.
The order in Councilf for the payment of this allowance was passed August 1, 1701.
Chap. 29. This chapter is from council records, vol. VII., p. 221. It has not been
found in tlio archives.
The order in Councilf for the payment of this allowance was passed August 1, 1701.
Chap. .30. This chapter is from archives, vol. 70, p. 532. It is recorded in council
records, vol. VII., p. 221.
The work on the fortifications on Castle Island, begun as shown in the note to resolves,
chajHer 85, 1700-1, was continued tliroiigliout this year. The Lieutenant-Governor's
speech+ at the lieiiinning of tlie first session cuntained tlie following clause : —
"... there Seeming, by the Intelligences from Europe, to be a gathering of very darke
Clouds that threatued the breaking fortli of a Great Storm in an Universal War, it was
therefore Necessary we should make due preparation in the repairing, and Setting in Order
the fortifications within this province, which was Also Recomended to the Government
here in his Maj''^^ Royall Letter, wliicli with Some others lately received from his Maj'x
should be laid Ijefore them. And that he Hoped they wuuld make Such further provision,
in Addition to what was granted by the last Assembly, as should be Necessary for Carry-
ing on the Fortifications at the Castle now in hand, that they miglit be brought to good
Effect, wliilst we had the Advantage of having the Direction, and Assistance of Col"
Romer, his Maj"'^'' Engineer, who was engaged therein ..."
During the recess of the Assembly, the Council took measures to help along the work
on the fortifications at Castle Island, of which the following is the record : —
" July 23, 1701. Upon a motion from the Committee appointed by the General Assembly
to order, direct and manage the laying out the money granted to wards fortifying Castle
Island.
Ordered. That a Warrant be made out, directed to the sheriffs of the County's of
Suffolke and Middlessex, their under Sheriffs or Deputys and Constables of the several
Towns within the s'i Countys ; authorizing and Requiring them in his Maj'J'^ name from
time to time to impress such and so many workmen and materials as the s^ Committee
or any of them shall informe are wanted and necessary for the speedy repairing and mak-
ing new Fortifications on si} Island. The s'j Committee paying such workmen for their
labour, and for such materials, what may be the value thereof, according to the usual and
accustomed rates and prices here given for the like, or according to any contract made or
to lie made with them l^y the s^} Committee
And a Warrant being accordingly drawn up, was signed by all the Members of Council
present at tlie Board." — Executive Records of the Council, rol. 3, p. 223.
The substance of the " royal letter " referred to in this speech, but which has not been
found, may be gathered fri>m the letter of the Lords of Trade to Secretary Vernon, and
their recommendations to the Privy Council, printed in the note to chapter 24, ante.
Similar recommendations from the Lords of Trade had been communicated to the last
Assembly, as appears by the following entry : —
"April 17, 1701. An Extract of Some paragraphs in a Letter of the ll'^ of April 1700
from the right Hon'>i<^ the Council for Trade &c directed to his Ex^y the Earl of Bellomont,
and bv hini Transmitted to the Lieut Governour, relating to this province as to Fortifica-
tions &c being by his Honour laid before the Board, and read, It was Advised, That the
Same be Sent down to the House of Representatives. Which by his honours Orders was
Sent down Accordingly." — Council Records, vol. VII., p. 180.
The letter above mentioned has not been found in the archives ; but a letter of the same
date, to Bellomont, respecting the affairs of the province of New York, briefly refers to it
as containing "what relates to New England, &c."^
There seems to have been some friction between the engineer and the committee, which
both branches deemed it politic to overcome by conciliatory measures. On the fifth of
August the House sent up to the Council a resolve, in which, among other things, it was
proposed " that the fortifications at Castle Island be carried on with all expedition," which
was read, but no other<action taken thereon.
Again, during the recess after the second session, a committee of the Council visited the
Island in response to the memorial or complaint of Colonel Rtimer, as shown in the note
to chapter QQ,2:)ost.
Chap. 31. This chapter is from council records, vol. VII., p. 221, and archives, vol.
3, p. 398.
In compliance with this request the Secretary wrote as follows : —
Hon'''*' S"/. " Boston, June. tilt. 1701'/.
I am Commanded by the Honi'ie the Lt Govf Council and Representatives now sitting
in General Court to Acquaint you, That they have received Complaints of the Imposition
of Tunage and other Duties laid by your Selves upon open Sloops trading from hence into
your Province ; As also upon Vessells that pass up the River into the parts of this Province
* Executive Records of the Council, vol. 3, p. 235.
t Itnd., p. 2-2.5.
t May 29. 1701. Council Records, vol. VII., p. 187.
§ Documents Relating to the Colonial History of the State of New York, vol. IV., pp. 630-635.
684 Province Laws {Resolves etc.). — \lQ\-2. [Chaps. 33-36.]
late known by the Province of Mayn. And withal to Signify unto you the just Resentment
they have thereof, and that not onely, in the unkindness therein offered by laying of
Impositions on vessells that bring you necessary Supplies : without which you could not
well Subsist, and take off yo'' Lumber whereby you have so considerable advantage; But
more especially in the unreasonable injurious and unwarrantable requiring and taiceing
of Fees and Tunage for Vessells that onely pass up the lliver into the Parts of this Province
the River being the equal and indisputable right and priviledge of one Province as the other.
You cannot so soon have forgotten what charge this Province was at for yo'. assistance in
the time of the late War, nor can you be unsensible that it is no difficult thing for this
Government to take sucli measures as may be more to the disadvantage of yo."' Trade than
you can reap benefit by the aforesaid Impositions; but they choose to do otherwise, and
have exempted Vessells trading from your Province hither from payment of Tunage; and
hope j'ou will take such consideration hereof as to remove all occasions of complaints of
this nature for the future, arid maintain a good and neighbourly correspondence; which
shall be endeavoured on their part. I am. Gent.
Your most humble Servt
IsA Addingtok.
Governm.' of New-Hampshire." — Mass. ArcJiives, vol. 62, p. 3S7.
Chap. 33. This chapter is from council records, vol. VII., p. 222. It has not been
found in the archives.
Chap. 34:. This chapter is from council records, vol. VII., p. 223. It has not been
found in the archives.
The following is the record of the order in Council for issuing a warrant for the abate-
ment made by this chapter : —
"Aug. 1, 1701. Whereas the Great and General Court or Assembly at their Session
begun and held at Boston the 28* day of May last, did pass a resolve; that the sum of
Fifteen pounds be abated unto Penn Townsend Esqi? out of the sum which he agreed to
pay, for the Excise which he fermed in the year 1698; in consideration of his not receiv-
ing Excise from the Town of Bristol.
Ordered. That a Warrant l)e made out and issued to the Treasurer, to abate unto the
B^ Penn Townsend Esq£5 the above mentioned sum of Fifteen pounds.
And a Warrant for abatement of the same accordingly being drawn up was signed by
fifteen of the Members of Council present at the Board." — Executive Records of the Coun-
cil, vol. 3, p- 226.
Chap. 35. This chapter is from council records, vol. VII., p. 223. It has not been
found in the archives.
The order in Council* for the payment of this allowance was passed August 1, 1701.
Chap. 36. This chapter is from archives, vol. 51, p. 137. It is recorded in council
records, vol. VIT., p. 225. See chapter 24, ante, and note.
The letter from Ashurst referred to in tliis chapter was as follows : —
" London Ap y SO'h ITOO
My L.d & Gentlemen
Finding by yo's of y 9'h of Sepf 3't3-ou had not received mine of y" 11"' of June 99 I have
here Enclosed" a copy of it where you will find yt I gave you an account of all yo"' con-
cernes to yt time I had answer'd .yo"' last sooner but yt I had y prospect of a particular &
safe conveyance w<''' I have now made use of to hand this to you, t'was w"> y greatest
satisfaction yt I received vo'' Kind acceptance of those fue services you mentiond in your
last w^i' I had faithfully Endeavour'd to do for you & yo'" thankes w^ you were pleased
to Express in so Obliging a manner. I must confess yt y Zealous Inclination I liad for
yo"" Interest became in me my perfect principle & alwayes sett my private concernes &
yo''s upon y Same foot cSi I may say yt when Ever I had it in my power to promote yc
affaires they lay so near me yt it never failed to give me Equall jov to yt of benefiting my
own family & when Ever y tide has been too Strong for me to Steran any ])low yt has
but been Aimed at you lias made my houres very restless & uneasy I humbly thanke
you for y Large Earnest you have given me yt you will in yo'' own tima consider to
reward me for my paines & Expence in yo"" Service w"^'' Every Labourer how willing so
Ever will be thought worthy of But as to giving you a particular AcC of all disbursments,
when, & to whome, & rating all my charges & unavoidalile Expence both of time & paines
I thinke it as prejudiciall to your interest as it is to my character who am not thought to
Subsist by y" Trust & Imployment you have (I confess) been pleased to honour me
w* 1 am here looked upon as yo'' Agent & am Sent for often to all y= Oflfices, of ye
Councill, Com'?eof Trade, Treasury. & admiralty &c, to answer to questions & Solicite
prato't relating to yo>^ Affaires, & tis from me yt"y Officers Expect all fees & gratifica-
tions for doing yo''Buisness w>^^i' are not inconsideral)le for every common reference is 52
shillings, y Soilicitour has had fourteen pounds att a time & y attorney Severall fees in
passing yo'' Laws I hope y-' Delivering you from y Claim of Duke HamiltonJ to a great
* Executive Records of the Council, vol. 3, p. 225.
t Sic.
X The claim of the "Duke of Hamilton " (apparently, either by descent or purchase, from Lord
Say) was to land within the jurisdiction of Connecticut. This claim seems to have been started
or revived at the instigation of .Joseph Dudley. "... You need not trouble your selves about the
claime of Duke Hambleton. He is farr from sharing in any such affaire. It is not Lord Arran of
Scotland (which is the title of Duke Harableton's eldest son); my Lfl Cornbury his lady was
related to the Irish Earle of Arran, who married Cornburys wife sister and died without children,
■who was second son to the Duke of Ormond. . . ." — Sir Henry Aslnnst to the Gorernor and
Council of Connecticut, 1707, in Mass. Hist. Soe. Coll., vol. III., sixth series, pp. 379, 380.
[Notes.] Province Laws {Resolves etc.). — 1701-2. 685
part of yo'' province & from y" ratcnt of Incorporation w<^^'' would have been ruinous to you
will coritributo as inucli to your happiness Ik [jcace, as they did to my trouble & vexa-
tion till I had roskucd j^ou from j^o'' danijcr. I can't imagine yt you Ever needed an
Agent more than now for tlio my Lord had more Interest than his extraordinary meritt
has procured him yett in So uncertain a time where interests ai-e often pusliing att one
another there may happen tliingon to lie olfur'd w'' att so great a distance yon can't avoid
being ignorant of & w"" out an agent to watch Every turn it may be impossiI)!e for you to
prevent, as for my part did I not take pleasure to Serve So good a people twice }'" Encour-
agment I hinted in my lett'of May .y 5'-'' would not tempt mo to Suffer oftentimes ray own
buisnes3 & y" caro of my health (to Say nothing of my pleasure) to l>e so often inter-
rupted as your concernes do require & tho all y" Plantations yt receive their governours
from y« King have their agents hero & w"'' y goverment construes to be a Slight when
Ever it is Omitted however I wish so well to yC country yt could you pitch on one of
more interest & more zeal & cap icity for your service I should resign ray trust w"' joy.
There is an Act of Parliament past w^i' I will send you Either hj this conveyance or by
y" Man of warr, if you find any thing in it injurious to your reasonable interests I will
Endeavour to gett it redrest.
I can't conclude my letf w'*'out recommending yo'' encouraging yo'' hono'^'" Governour
to your justice, if when he has made him selfe so many enimyes in preserving justice, &
yo"' rightes, unviolate amoung you, you should do any thing to make him weary or forced
to quit his post; you will be so far fr[om*] being able to excuse it to your posterity yt
you will not be able to justifie yo'' conduct to your selves, when you reflect but y" least of
w' you have done, but t hope tis needless when you immediatly Enjoy y« happy Effects
of So good A Governour, to put you in mind of acknoledging y« Sense you have of so
great an happiness I am Yc Most faithfull humble ser'
Hen Ashhurst.
Since y° wnteing of y* obove I had this letter sent me from the Councill of Trade ; as I
have had many others of late ; which I've made answers to : I shall only trouble you with
what I have made to this demand of y° Earle of Limmerick, formerly Colonell Uungar.f
If you thinke fit to sendo any other instructions to me or any body else, tis necessary it
be done by the first opportunity
To his Excellency the Governor Councill & Generall Assembly
of the Massatusets Bay in New England." — Mass. Archives,
vol. 106, p. 404.
The enclosures referred to in the postscript of this letter, namely, the notification from the
Lords of Trade, and Ashurst's answer to the petition of the Earl of Limerick, are as
follows: —
" Whitehall. April, the 30th 1700.
Sir
By Order of the Lords Commissioners for Trade and Plantations I send you here
inclosed the Copy of a Petition presented to his Majesty by the Earl of Limmerick, for a
Tract of Land in America called Pemaquid, that you may thereupon offer to their Lord-
ships what you think fit in relation to the Intrest of the Government and Colony of the
Massachusets-Bay in that matter.
I am Sir, Your most humble Servant
W M Popple. —Ibid., p. 466.
" To the Right Honbie Lords of the Council of Trade
The Answer of S^ Henry Ashhurst Baronet to the Petition of the Earle of Limbrick
My Lords
I account my self oblidged to your Lords^S? for Giving me the notice of the Earl's Peti-
tion and shall Transmitt it to ye Earle of Bellomont his Majesties Governor of the Massa-
tusets Collony & shall j)\ the first Conveniency Expect their fuller answer in the mean
time, I most humbly lay before yo^ Lords™' that Peniquid is part of the Lands Granted
by Charter under the Great Seale to the Massatusets Bay the words of which Charter
Grant to them all that Tract of Land which Lyeth between Nova Scotia and ye Province
of Main & Piniquid Lying between Nova Scotia & y? Province of Main is included in
that Charter besides the Governmt there have been at great Charge in building a ffort
there Lookmg upon itt as the most Convenient place to secure that province from the
murthers of the Indians all which is most humbly submitted to yo^ LordsP"" ." — Ibid.,
p. 479. ' ^
The letter from Constantino Phipps referred to in this chapter was as follows : —
" May it please your Excy and Honours.
Having not been honoured with a Letter from the governmt of the Massachusetts either
since or for a considerable time before your ExS5^ arrival at Boston, would make me give
Credit to a report which hath been spread abroad here, of there Ijeing a now Agent
appointed for that Colony. l)ut that I am fully satisfied from the great fairness and Justice
of your proceedings in other cases, that when any thing of that nature happens you will
be pleased to give me notice of it
I confess I could not expect that my Agency should have survived S"" "VV™ Phips for
having been entrusted with that Imployment by his means I had all the reason in the
world to believe it would be determined by his death
And therefore the Obligation that was laid upon me by continuing me in that Trust
after his decease hath made too deep an Impression to be forgotten, for which reason th6
I most freely acknowledge it is your Interest to make choice of a person more capeable to
serve you, yet I beg leave to say that I shall not by being removed from y Agency esteem
* Manuscript mutilated.
t Thomas Dongan, formerly Governor of New York, created Earl of Limerick, 1698, laid claim to
all the territory between the rivers Kennebec and St. Croix. He had made this claim as against
the French, in 1634, and now attempted to prosecute it as against Massachusetts.
686 Province Laws {Resolves etc.). — 1701-2. [Chap. 37.]
my selfe discharged from your Service, but shall think my selfe obliged to render you the
best service I can upon all occasions.
And forasmuch as something hath lately hapned at the Committee of the Council
appointed to hear Appeals from the Plantations which may in some measure concerne
your Colony. I thouglit it incumbent upon me to acquaint you w"i it
It is the buisness relating to y^' appeals brought by M"' Brenton against Mad™ Shrimp-
ton, one of which (viz ) that concerning the Briganteen Mary iSc the Tobacco & liides came
on to be heard on Friday the 26'J2 day of April last before the Earl of Pembroke L^f Presi-
dent of the Council, the Earl of Bridgewater, the L<* Chief Justice Holt & M'' Secretary
Vernon
At which being willing, if I could, to break the neck of such appeals at once, I and the
other Gent, who was Council with me insisted that the matter of which M'" Brenton com-
plained by his appeal being a meer matter of Fact which had rec} a determination by a
Jur.v of 12 men of the Country, where the cause of suit did arise it could not by the Com-
mon Law of England be examined by their Lord :i'^ And the Lord Chief Justice Holt was
of that opinion. But the Attourney and Solicitor General urged that there were many
precedents of such Appeals, & that all the depositions of witnesses being transmitted hither
their Lordps were proper Judges of it. And thereupon the further hearing of the Cause
was adjourned to Friday the 3^^ of this instant Maj', and their LordP^ ordered precedents
to be searched for. *
At the time appointed the Cause came on to be heard again but no precedent could be
produced of any Appeal which came up to Madam Shrimptons case, But their Lordp^ told
us they had a mind to hear the merits of the cause and that the benefit of our objection
should be saved to us.
Whereupon we proceeded in the Cause and upon a full hearing their Lordps dismissed
the appeal
I must observe to your Expy and honours that at the hearing of this Appeal it appeared
that att Tryals l)y Juries in New England, altho the witnesses give their Evidence vivA
voce, yet their testimony is likewise committed to writing and delivered to the Jury, and
in all appeals such testimony so taken in writing is tiansmitted to the Council which is a
method not known by the coition Law nor ever practised in England in the Comon Law
Courts and appeared very strange to the Lord Chief Justice Holt and others. For at Trials
by Juries (which are Trials only by the Common Law of England, ) the witnesses give
their Evidence vira voce in Court, and are examined by the Council on both sides, but no
part of their Evidence ever taken in writing by y Court & deli to the Jury.
If you can alter the course of your proceedings in that respect and reduce it to the
method and practice of the Courts of the Common Law in England, and not commit to
writing the Evidence of witnesses examined viva voce I will presume to say it will very
much conduce to the ease and peace of the people of New England by preventing many
vexatious and expensive Appeals.
For, then no appeal can be brought to set aside a Verdict given by the Jury because the
Lords of the Coiuittee of Appeals will not be able to determine whether the Jury gave a
good Verdict or not when they have no part^f the Evidence before them
I think it not improper to inform your Ex^& honours that 'tis the opinion of all the
Lawyers here that in cases of appeals where the King is concerned, as Informations upon
penal Laws and the like, his Ma'y is not circumscribed or limited in point of time or in
respect of value, but if your Ex<-;y and honours shall think it proper by an Address or
otherwise to represent to his Ma'y y mischief and inconveniency that will attend his sub-
jects in that Colony if appeals be not restrained to time and value as well in his Case as
in others. I make no doubt but you will find redress therein
But this and the other matters before mentioned are submitted to your more prudent
determination, And if upon mature consideration thereof you shall be of opinion that what
I have here offered be improper, yet I assure my self you will exciise it, because it pro-
ceeds from no otlier reason than the great zeal I have for your service
And now J^begg leave on my own behalfe to take notice that I have reed Information
that yof Ex'^ & honours have been pleased to remit to S"' Henry Ashurst 500'' sterling for
his own use'upon the Accompt of his Agency which I confess he denyed to me, and I was
unwilling to believe because our Commission & authority being equal, I hoped our
usage and rewards should be equal too — but it being confirmed by several persons of
Credit I believe it may be true, and if it be I assure my selfe you will remit me the same
suin.
About 3 or 4 years ago I rec.d from S"" Henry Ashhurst 100'.» which is all I ever had
upon accompt of my Agency, and have forbore to press for ariy more money since, not
doubting but you would make other remittances to me when you had a convenient oppor-
tunitv.
I do not pretend to have disbursed any other money for you then in Coach hire and for
Letters and other necessary Expences of which I have not kept any particular Accompt,
but I think it proper to let you know that at the many hearings and attendances which
we had on yor Acco'^ before the King and Council and the Coinittee of Trade and the
Attournev General, I appeared not only as Agent but Counsel for the Countrey, and the
allowance for such service I intirely submit to your Consideration and humbly begg par-
don for the great trouble which is hereby given you by
Your Exo'& Hono" Most humble servant
Middle Temple London May W]} 1700. Cox"* Phipps." — /6jrf.,
vol. 3, p. 13.
The above is a copy of the original which was forwarded to Bellomont at New York.
It is attested by Secretary Addington, and, by the superscription, it appears that the
original was directed to the Governor and Council, at Boston.
Chap. 37. This chapter is from council records, vol. VII., p. 223. It is preserved
in archives, vol. 20, p. 56.
[Notes.] Province Laws {Resolves etc.). — 1701-2. 687
By chapter 22, antn, tJic Legislature liad already declared it needful that an agent should
be appointed to negotiate tlio affairs of the province in En^rland. The present chapter
went a step further and resolved that sucli an aj^ent l)0 sent. I3oth ttiis and the next
chapter (3S), appointini^ Wait Winthroj) a.iicnt, had passed botii branches before the first
adjournment of the General Court. On tiio day after the Court reassembled, sul)sequcnt
to the death of the Lieutenant-Governor, the following declaration was drawn up and
signed by fifteen members of the Council : —
" Province of the Massachusetts Bay
By the Ilonb'* the Council of His Ma'-*" s'l Province.
Whereas during the present Session of the Great & General Court or Assembly of this his
Ma'ys Province which i)egan upon Wednesday the Twenty eighth day of May last past,
the Council & house of lleprosentatives did severally pass two Resolves in the words •
following. That is to say,
' Resolved That an agent be sent from this Piovince to manage the affairs thereof in
England. &
Resolved That Wait Winthrop Esqr be sent l^y this Court as an Agent for this Province
to manage, the affairs thereof in England.'
And that soon after the parsing of the s^ Resolves by the Council, the Lieu' Governour
by I'eason of his pains & sickness adjourned the Court from Munday the SO'-*" of June
Muto Fridaj' the fourth of July following, and his sickness afterwards increasing upon
him made a further adjournment unto yesterday the 30'-'> of the Same July and died in
the interim not having signified & declared his consent to the s^ Resolves, in writing.
So that by reason of the death of the Governour and Lieuten.t or Deputy Governour of
this his Matys Province the powers of the Governour are, by his Ma'y^ Royal Charter or
Letters Patents, at present devolved upon and vested in the Council or Assistants of the
g.i Province for the time being or the major part of them
Pursuant therefore to th.^, power & autliority given & granted unto us as afores"? We do
hereby approve and consent to the two several Resolves herein before recited Given
nnder our hands at the Council Chamber in Boston the Thirty first day of July 1701
By Order of the Council. Isi Addixgtox Seciy*/.
Ja: RrssELL Jonathan. Coravin Em Hl'tchixson
Elisha Cooke/ John Foster Joseph Ltnde
John IIathorxe Peter Sergeant Penn Townsexd
Elisha Hutchinson John Walley Benja Browne
Sam Sewall. Daniel Peirce Samll Partrigg." — Mass.
Archives, vol. 20, p. 56.
Chap. 38. Tills chapter is from archives, vol. 20, p. 55. It is recorded in council
records, vol. VIL, p. 223. See note to chapter 37, supra.
Chap. 39. This chapter is from council records, vol. VIL, p. 191, and archives, vol.
70. p. 526.
By resolves, 1699-1700, chapter 24, Bumstead had already received the grant of a pension
of four pounds intended to be paid annually ; but, unfortunately for him, it was expressed
so ambiguously* that the Council seem not to have deemed it prudent to di'aw a warrant
therefor upon the province treasurer. Bumstead appears not to have understood the rea-
son of his failure to receive the pension which he expected. He accordingly applied the
next year, in the following petition, to have "a yearly stipend . . . settled and con-
firmed " upon him : —
" To the Rt Honbie Richard Earle of Bellomont Captain Generall and Gov. in Chief e in
and over his Maj'"" provmce of the Massachusetts Bay in Council, and to the hon'^''= house
of Rep'sentativ's in Generall Court Assembled this S'.^ June 1700/.
The Petition of Jeremiah Bumsted,
Humbly Shew'i'
That in the first Indian Warr about 24 years since Yo' Petr at several times, had six
horses prest into y' service, whereof one was Killed, That your Petj" was alsoe press'd into
y^ service where he rec? a wound yt has ever since made hira a Cripple, wch hath reduced
him to great indigence & poverty, your Petj nevf having rec' any Satisfaccon for the loss
of his horse and Lameness only a Grant of some Land in the wildernes w^h after long time
he sold for five pounds in Country pay. This honbie Court the last session allowed yo"'
Pet.r four pounds a yeaie as a stipend, vv^ii he nev reed
Yo'' Petf most humbly intreats consideracon of the p'"misses, & That a yearly stipend
may be settled & confirmed on yo'' Pet; as is vsually done by y Kings Majjy in like cases :,
for the life of yo' Petj " ^nd shall pray." — Mass. Archives, vol. 70, p. 4 76.
The petition was read, on the eleventh of June, 1700, in the Council, where it was agreed
that his stipend be enlarged and made eight pounds per annum, and a vote to that effect
was sent to the representatives, for concurrence. The House, however, refused to concur,
but, on the thirteenth, voted that the former allowance of four pounds per annum during
life be continued and duly paid to the petitioner. This failed to receive the concurrence
of the Council, and so the petitioner was obliged to make another application. This he
did in the following petition : —
'■To the Hon'jie Liev' Gov^ Council and house of Representatives in General Court
assembled at Boston y 4'.h June 1701 —
The Petition of Jeremiah Bumstead of Boston
humbly shew^h
That jo\ Pct.r was a Corporal in Capt" Jacobs Company in the first Indian Warr, and
in an Engagemf with them received a wound by a shott on his thigh, since which time
he hath been Lame and Infirme, and vnable to gett a Competent liveing ; and his wound
* " That the petitioner, Jeremiah Bnrastead, be allowed four pounds nion^y during his natural
life," etc.
688 Province Laws {Resolves etc.). — 1701-2. [Chap. 39.}
being much worse now then ever, and age creeping vpon him rend" him an object of
yoj honrs Comiseraiion, & Incapable of getting a penny, yo.' Pctrs house, (w^ii is all that
he' hath in y« world) being deeply mortgaged. He most liumbly thanks yo'' hon^s for
yof benevolence to him in giveing him heretofore four pounds on this accj But so it is that
yo'' Petj is reduced to so great indigence by the s<} wound and misery's y' have attended
it, y ho is in some fear & danger of starving if not speedily releived.
Yc Petj therefore prays Consideration of the p'"misses That yo'' hon^s wou'd pleas to
allow him ; what by his honf and Council was latly voted and thought 'fitt to be allow'd
to persons in his Circumstanc [es*] or that some othf cai-e be tai^en, as to yo'' hours shall
seem meet ' And vo"^ ret'"&ca." — Ibid.,
p. 526.
This petition was read in the House on the third of June, when the resolve which con-
stitutes tills chapter was passed thereon and sent to the Council, for concurrence. Oa
the sixth it was passed by the Council, in concurrence, but was not signed by the Lieuten-
ant-Governor at the time of the adjournment of the Legislature. On the first of xlugust
the Council drew up and signed the following declaration : —
" Saslachufete Bay } ^y the Honb.e the Council of His Ma'y^ s^ Province -
"Whereas during the present Session of the Great & General Court or Assembly of this
his Ma'ys Province, which begun upon Wednesday the Twenty eighth day of May last
past, the Council and House of Representatives did respectively pass the several Resolves
and Orders herein after mentioned That is to say.
A Resolve That the sum of Five pounds be, from the Seventh day of the month of Jun&
last, annually allowed and paid out of y*' publick Treasury unto Jeremiah Bumstead in
consideration of his being made a Creeple by a Wound received in his Ma'ya service
against the Indian Enemy, during his natural life, Four pounds thereof being to be-
understood as the Allowance formerly given him on y consideracon afores^
A Resolve That the sura of Four pounds be allowed and paid out of the publick Treas-
ury unto Benjamin Nason of Barwick towards defreying the charge of his Daughters-
Redemption from y« Indians with whom she had been several yeares Captive
A Resolve That there be paid unto CapJ Thomas Browne out of the publick Treasury,
Five pounds in full compensation for the loss of his horse in pursuit of the Indian Enemy
Anno 1697.
A Resolve That the sum of Twenty four pounds nineteen shillings and eleven pence be
allowed and paid out of the publick Treasury unto Caleb Hay late Keeper of his Matya
Goal in Boston in full of his Accompts for keeping of sundry persons comitted for
Pu-acy &c ;
A Resolve That there be paid out of the Province Treasury Five pounds ten shillings to
Arthur Mason in full satisfaction for his service in a Journey to New Yorke Anno \61Z.
over and above what he formerly received ;
An Order setling the Boundary Line between Sudbury & the Farmes annexed to Fram-
ingham
An Order That the Treastirer receive and give Credit for two Indented Bills of the
Massachusetts Colony, one of five shillings, the other of two shillings value belonging to
Benjamin Fitch, and for one indented Bill of sd Colony of ten shillings belonging to
Henry Hill, Constables of Boston
A Resolve That the Sum of Fifteen pounds be allowed out of the publick Treasury to
M"' Warham Mather for his service as Chaplain at Northfield in the time of the Gov-
ernmt of S'' Edmund Andros ;
A Resolve granting a Tract of Land to the Inhabitants of the Town of Springfield for
a new Township &c.
A Vote That M>; James Taylor be Treasurer and Receiver General of this Province for
the year ensueing.'
A Resolve That there be paid out of the publick Treasury Unto Nicholas Picket of
Marblehead, a Souldier wounded in his Ma'y^ service a stipend of seven pounds ■P year
annually in lieu of the Five pounds t> annum formerly granted him
A Resolve That the Sum of Five pounds be allowed to the Town of Wells, and th&
like suin of Five pounds to the Town of Yorke and y sum of Ten pounds to the Pre-
cinct of Barwick in the Town of Kittery, out of the publick Treasury towards y« main-
tenance of the Ministry in s^ Towns and Precinct. And
A Resolve That the suui of Two pounds be allowed & paid out of the publick Treasury,
to Cap'. Samuel Phips in consideration of extraordinary service by him done for the
house of Representatives.
And whereas his Honour the Lieut Governour, soon after the passing the Resolves and
orders afores^ by the Council and Representatives, died, not having signified his consent
thereunto in writing. So that by reason of the death of the Governour and Lieutenant
or Deputy Governour of this his Ma'5'' Province the Powers of the Governour are, by his
Ma'y^ Royal Charter or Letters Patents, at present devolved upon and vested in the Coun-
cil or Assistants of the S'> Province for the time being, or the major part of them
Pursuant therefore to the power and authority given and granted unto us as afores4 We
do hereby approve and consent to the several Resolves Vote & Orders herein before recited
& eveiy of them
Given under our hands at the Council Chamber in Boston the first day of AugustJ70I.
By the Council IsJ Addington Secry
Wait-Wintheop JoNATiiA^r. CoRwiN John Appleton
Ja Russei.l John Foster John Thacher:
Elisha Cooke Peter Sergeant !Natha^ Btfield
John Hathorne Daniel Peirce Benj^ Browne
Sam Sewall. John Walley John Higginson
WM Browne Penn Townsend Sam'-i- Partrigg." — i6td.^
vol. 48, p. 340.
* Manuscript mutilated.
[Notes.] Province Laws (lieftolves etc.). — 1701-2. G89
The ])ayiiiciit of tliis allowance was aiilliorized by tlie f(jll(jwin;,' coirii)rclicnsive order
embracing several othur allowances granted before and after the passage of this chai)tcr : —
" Aug. 3, 1702. Whereas sundry Pensions, stipends and annual allowances have heen
granled by the Groat and General Court or Assembly to divers i)ersons, to be paid out of
the jiublick Treasury in consideration of Wounds and Maihems received in her Maj'y's
service.
Advised and Consented. That his Excellency issue forth his Warrant unto M£ Treas-
urer to pay unto the si persons all such sum and sums of money as is, are or shall be due
unto him or lliem respectively according to the tenour of the several Votes, Orders or
Resolves, wherein such Pensions, Stipends or annual allowances are granted." — Exec-
utive Records of the Council, vol. rl, p. .V.).T.
In the province treasurer's accounts from May 27, 1702, to May 26, 1703, is the follow-
ing entry : —
" Paid Jeremiah Bumsted to y 7'-'' May 1702 5,,—,,—."
— Muss. Archives, vol. l'J'J,p. 166.
Chap. 40. This chapter is from council records, vol. VII., p. 194, and archives, vol.
?0, p. 482.
The following is the petition upon which this resolve was founded : —
" To the Honourable William Stoughton Esq ; Lieu' Governour Together with the Hon-
our'd Council and Representatives, of His Maj'jes Province of The Massachusetts Bay,
Convened In Geuerall Assemltl.y —
Benjamin Xason of Barwick, In the County of York humbly Petitioneth —
That, Whereas In the year of o'' Lord 1694 his Daughter Sarah was by The Indian
Enemy Captivated and in their hands detained till January, I69i£ or 700 At which time She
was Redeemed liy One Thomas Hutchings, otf whom yo'' Petitioner was Necessitated to
Purchase her Ijy Paying to him the Sum of five pounds, five Shill. & Six pence, according
to his inclosed accompt & Receipt, Or Else to forego her, besides his sustaining Other
Losses & being wounded to the Disableing of One hand in a great measure, by the Same
Enemy ^
Therefore it may Please yof Honours, to Allow him the Charges of his daughter's
Redemption, which favour he Understands Others In the Like Case have Olitained, And
Begs that Yo>' Hono'* may now See Cause to Bestow Upon Yc Hono';9 Most humble
Petitioner Beniamin naso." — Mass.
Barwick Sept. 21. noo
Archives, vol. 70, p. 482.
With this petition was filed the following account of expenses : —
" for her ransom 10 scins 3=10=0
for 1 l)lancet 0=07=0
for 1 par of stockens 0=03=0
for 1 short 0=07=0
for 1 Com 0=00=6
for her being abord 3 weeks 0=18=0
5=05=6
Janvary the 29. 1699
Rescued the ful aboue niencd of bengman Nason I sa reseued by me wich money his
for Redemtu" of sary nason Thos Hutchings
_ Atest
SamL' : JOHNSOX
Joseph Young." — Ibid., p. 4S3.
The above petition ^vas read in the House on the thirty-first of May, and referred to a
committee, whose report, nearly in the language of this chapter, was incorporated in the
resolve, which was thereupon passed in the House on the fourth of June and concurred in
by the Council on the sixth. This is one of the resolves not signed by the Lieutenant-
Governor, but assented to by the Council later, as shown in the note to chapter 39, ante.
The order in Council* for the payment of this allowance was passed August 1, 1701,
and the amount was duly charged as paid, in the province treasurer's accounts. t
Chap. 41. This chapter is from council records, vol. VII., p. 198, and archives, vol.
70, p. 527.
This is one of the resolves passed at the former session, but not signed hy the Lieuten-
ant-Governor. See note to chapter 39, ante.
The following is the petition upon which this resolve was founded : —
" To the Hon'''<= The L', Govf Council and house of representatives in Gen" Court
assembled this 5tj} June 1701
The Petition of Cap*." Thomas Browne
humbly shew'h
That yo'' Petf in the Month of Sept; 1697 when the Indians alarmed the Towne of
Lancaster, was Comanded by Majf T.vng with a Company of soldiers to pursue them,
and in that pursuit and Expedition lost a very good horse of about Tenn pounds value,
and nev.yet had any satisfaction for the same
Yof Pet_r hopes yo^ hon^.s will consider the premisses, and recompence yo' petj by allow-
ing him the value of his loss, purely sustain'd in the Countrej's service, or wj oth'' Com-
pensation vo'' hours shall see meet; And vo^ Ve,t' &c''." — Mass. Archives, voL
10, p. 521.
* Executive Records of the Council, vol. 3, p. 226.
t Maes. Archives, vol. 122, p. 171.
690 Province Laws {Resolves etc.). — 1701-2. [Chap. 42.]
It was read, first, in the House, on the fifth of June. On the ninth the resolve wliich
constitutes this chapter was passed and sent to the Council, for concurrence, where, on the
tenth, it was passed, in concurrence. On the first of August it was approved by a majority
of the Council, who, on the same day, passed an order* for a warrant to the province treas-
urer to pay the amount allowed.
Chap. 42. This chapter is from council records, vol. YII., p. 198. It has not been
found in the archives.
Ray's account mentioned in this chapter has not been found.
On the twenty-fourth of June, 1699, two prisoners in Boston jail, Joseph Bradish and.
TeeWitherly, or Witherell, committed on the charge of piracy, escaped by the aid of Kate
Price, a maid, probably a fellow-prisoner .f On tlie seventh of July, Ray was summoned
before the Council and examined "about the escape" of these prisoners. On the four-
teenth, an actx was jiassed giving the custody of jails to the sheriffs of the respective coun-
ties, and on the twenty-fifth the following order was passed by the Council ; —
"July 2'), 1699. Advised and Ordered. That the Kings Attonrney General be, and
hereliy is directed to make inquiry into tlie escape of Joseph Bradish "and Tee Witherly,
committed for Piracy, and to raise a prosecution against Caleb Ray late Keeper of his
Majfys Goale in Boston, for the same.
And that the said Caleb Rav with his Familv be forthwith removed from the precincts
of the said Goale. ./ , , ,, " BELL0M0NT."-£xec-
xaive Records of the Council, vol. 3,2}- -tS.
On the twenty-sixth of October, following, all three of the prisoners had lieen recaptured
and brought to Boston where they were recommitted to the jail irom which they had
escaped. ^^
Ray was separately indicted for the escape of the alleged pirates. The record of these
indictments and of the acquittal of Ray on both is as follows ; —
" Aiuio RR^ Gulielmi Tertii mine Anglite &.''■ undecimo.
Suff'olke ss :
At his Majesties Superiour Court of Judicature, Court of Assiize and General.
Goal. Deliverv holden At Boston for the Countv of Sutfoike upon Tuesday the
Se\enth of November. 1699
Present the Honorab"
William Stoughton. ]
Wait Winthrop. I -.^ ,„ t ,.•
Elisha Cooke and ^^1" ^^^^'^^^
Sam" Sewall J
Caleb Ray of Boston in the County of Suffolke being Indicted by the Grand Jury for
that to wit whereas Joseph Bradish marriner at Boston in the County of Sutfoike afores''
was taken apjn-ehended and Committed to the Safe keeping of Caleb Ray the Prison keeper
of his majesties prison in Boston in the s'' Prison to be kept, untill the said Bradish be
discharged by Order of Law as in the mittimus which is in the words following doth
appeare viz_t To the Keeper of his maj'.*' Prison in Boston Greeting &c — In his niiijesties
name you are Requir'd to receive into your Custody within the s^ Prison the Body of
Joseph Bradish marriner herewith sent 3011 for Combining and Consjriring with others of
the Company belonging to the Ship Adventure of London Thomas Gullock late Com-
ander bound for Borneo in India, and feiloniously and piraticaly Seizing and Running
away with the s'' Ship and Cargo, leaving the s>' Comander with diverse others of the
Company on Shoare in an Island there — . And the s^ Joseph Bradish j^ou are to keep
safe, untill he be discharged by Order of law, for which doing this shall be your Sufficient
Warrant, hereof faile not, dated in Boston, April. 10'J> 1699 Annog; Rli" Gidielmi 3'.'
Anff lice 8iC undecimo. Elish^ Cooke, Is^ Addington. J Pac : and under their Scales — By
Virtue of which mittimus, the s'' Caleb Ra.y the then Keeper of his majesties prison in
Boston upon the 10"> day of April last. 1699 the Body of the s'l Joseph Bradish wiihin the
s'^ Prison did receive, and him in safe Custody did keep, untill Saturday the Twenty fourth
day of June last past, about nine a clock in the Evening of that day, and then s^ Caleb
Ray did negligenly Sutfor the s'l Joseph Bradish out of the s<i Prison to make an escape
and go at large whether he would, which is a high misdemeanour ag' the express tearmes
in the said mittimus, and a high breach of the trust in him the s'' Ray Reposed, and
agf the peace of Our Sover~ L'' the King, his Crowne and dignity, and the laws in such
Case inadeand provided — . LTpon which Indictm* afores^ the s'' Caleb Ray was arraigned
and pleaded not Guilty, putting him self upon his Country for Tryall, and the persons
returned to upon the Jury Ijeing called Over, The ])risoner made no Challenge Cap' George
Lawson and the other Eleven withinnamed were Sworne according to law. and the Indict-
ment Ijeing again Read, the wittnesses called and Sworne, and the Evidence, with the
Prisoners defence being fully heard, the Jury were sent out, and who Returned, being
agreed on their Verdict, and that the foreman should speak for them, upon their Oaths
found the s'' Caleb Ray not Guilty
It's therefore Considered by the Court that the s'' Caleb Ray be and hereby is dis-
charged paving fees of Court &c." — Records of the Superior Court of Judicature, 1G86-
1100, p. 281.
* Executive Records of the Council, vol. .3, p. 225.
t " Miiisumer Day, 16U9. ... At 9. at night Bradish and Witherlj' get out of Prison and make
their escape with the Maid that help'd them out." — SewalVi Diary, vol. I., p. J:98.
X Province I>aws, 1699-17(10, chapter 9.
§ Sewall's Diary, vol. I., p. 503.
Esq"
Justices
[N'oTEs.] Province Laws (Resolves etc.). — 1701-2. 691
"Anno RRs GuUehni Tertii Anglia: &c Duodecimo
At his Majcstys Superiour Court of Judicature Court of Assizo and General-Qoal-
Dclivcry held at Boston for the County of SuffoIIco, on Tuesday the Seventh of May.
— Annoq; Domini, 1700. —
Present the Hononrab"
William Stoughton .
Waitt Winthrop.
Elisha Cooico and
Samuel Sowall.
Caleb Ray of Boston in the County of Suffolke iDeing Indicted by the Grand Jury for Dom: Rex ag*
that to wit whereas Too Witherol Seaman at Boston in the County of SuffolliO was taken, Kay —
apprehended and committed to tlie Safe keeping of Caleb Hay the Prison Keeper of his
Majestys Prison in Boston in the s'' Prison to be kept, until! the s'l Withcrel be discharged
by Order of Law as in the mittimus doth appear ; By Vertue of which mittimus the 8>'
Caleb Ray then Keeper of his Majestys Prison in Boston upon the thirty first day of
March 1699 the Body of the s'^' Tee Witherel within the s'J Prison did Receive and him in
Safe Custody did keep untill Saturday the Twenty fourth day of June then ensueing,
about nine a clocls in the evening of that day, and then s'' Caleb Ray did negligently
Suffer the s'' Tee Witherell out of the s'l Prison to make an escape and go at Large
whether he would, which is a high misdemeanour against the express Termes in the s'l
mittimus and a high breach of the Trust in him the s'l Ray reposed and against the peace
of Our Sover : Lord the King his Crown and dignity and the Laws in such Case made and
provided upon which Indictment the s'' Caleb Ray was arraigned and pleaded not Guilty
putting him Self upon his Country for Tryal, the persons Returned to Serve on the Jury
being "called over the prisoner excepted against John Camble and Zachariah Tuthill
whereupon Thomas Thaxter and John Hunting were Sworne in their Room John Indicot
foreman and the Rest were all Sworne according to Law and the Indictm' being again
Read and the Wittnesses called & Sworne and the Evidence with the Prisoners defence
being fully heard, the Jury were Sent who Returned being agreed on their Verdict and
that the foreman Should Speake for them upon their Oatlis found the s'l Caleb Ray not
Guilty —
Its therefore Considered by the Court that the s<" Caleb Ray be and hereby is discharged
paying Charges of prosecution." — Ibid., 1 100-1 114, p. 11.
Ray seems not to have presented any account while under suspicion of negligence or
complicity in this escape, but after the lapse of two years he received the allowance granted
by this chapter, under an order in Council* passed August 1, 1701.
This is one of the resolves passed at the former session, but not signed by the Lieutenant-
Governor. See note to chapter 39, ante.
Chap. 43. This chapter is from archives, vol. 105, p. 36. It is recorded in council
records, vol. VII., p. 201.
This is one of the resolves passed, but not signed, during the previous session. See
note to chapter 39, ante.
The following is the petition upon which this resolve was founded : —
" To the HonWe William Stoughton Esq"" Lef Gouernor And Comander in Cheiffe in &
oner his Majesties prouince of the Massasuets Bay with y« Honrable Councill and Repre-
sentitiues Assembled In y" great & General! Court this 28 Day of May noi ^ — <
The Petition of Arthur Mason Most humbly p'^senteth that In y" month of Nouember
In y^ yeare 1673 , — ■ yours Honors petitionor was with M^ Nathaniel Dauenport, sent by y^
hon'^''^' Court of the Massathusetts Collouy one A speciall Message of great Concernement
to y^ Country, vnto the then Gouerno'' of y New Netherlands Alias new yeorke, whose
name was Colue,t M^ Andrew Belchor being then our guide As far as Hartford, Att which
time your petitionor Rode vpon his owne horse whichCost him Eighteone pounds, which
performed y" Journy Very well, till he Came liacke againe to Wattertowne, where the said
horse fell Downe vnder your petitioner and soone After Dyed, y petitionor to this Day
haueing not beene satisfied for his horse nor him selfe for his sore Journy in y Winter
season which was performed, with great Expedition, as the Bussines Required, and y^
End thereof was Also happily Attained, Not withstanding your petitioner hath seuerall
times made Verball Application to the Athority then In being without success , — '
Y£ petitionor Doth therefore now present his humble Address In Writting to this Hon-
orable Assembly Besseching y Honers to Consider the premises : and According to
your Wisdome and Justice Vouchsafe A Due Compensation vnto y pettitioner for y«
Cost and trauel he hath beene at In maner Aforesaid, that he may (not at y long Rune)
fare y worse for his patience, forbarance and perhapps want of oppertunity which now
his Age and lameness and other Circumstances Doth Nessesarily Incite him to. In all
which yf Honno" will greatly obleige y"^ petition'' to pray &c." — Mass. Archives, vol.
105, p. 35.
The mission upon which Mason and Davenport were sent is shown in the following
correspondence : —
"S'-
Haveing Intellegence that you have lately seized severall vessels belonging to the
Vnited Colonyes of New England in their Sayling from Port to port uppon these Coasts
& that you doe Contrary to y- practise of both Nations in this warre deteyne y^ men
prisoners w<:'' depredation nppon us & our people you have made before wee have given
you any provokation or ofFerd you or yours any Injury or Comissioned any of ours to
seize any thing of yours ; Wee doe hereby demand the Delivery & release of our vessels
men & goods forthwith otherwise according to the former Resolution of the Vnited Colo-
* Executive Records of the Council, vol. 3, p. 225.
t Captain Anthony Colve, Dutch Governor.Genural of New York.
692 Province Laws (Resolves etc.). — 1701-2. [Chaps. 45, 46.]
nijes Wee doe declare our Selves bound & Resolved by y^ help and assistance of god
to Endeavour a full Reparation by force of Armes, Expecting your present & possitive
answer by tliese our Messengers M'' Nathaniel Davenport & M'^ Arthur Mason whom wee
have sent unto you for that End ;
Boston 25'h Q^^"" 1673. Your Servants In the Name & by order of yo gouvern"' &
Counsel of his Maiji'i^s Colony of
ye Massachusets in N. England. Edward Rawson Secret^-." — Docu'
ments Relatiny to the Colo7iial History of the State of New York, vol. II., p. 667.
The superscription was : —
" Sot the Hon't'i" Monsi"' Anthony Colve Command^ in Chiefe of all the dutch forces in
the flFort William Hendricli." — /6iVL
" Gentlemen.
Your letter of the 25"> O^er last was handed to us yesterday evening by the bearer hereof,
wherein you demand restitution of four New England lietches brought in here. You
cannot be ignorant that first the government of Connecticut, "youx allies, with your appro-
bation as they give out, hath usurped some towns situate on the east end of Long Island,
belonging, according to their own submission, to this government ; and that the subjects
of your own government hath taken near Nantucket and carried into New England a cer-
tain craft called the Expectatie, then belonging to our State, which act of hostility was
committed by you before and previous to anything on our side having been undertaken
to your prejudice. However, such having been undoubtedly done by lawful commission,
we cannot make the slightest complaint, which to our surpise we perceive 3'ou liave, in
the case of the four ketches, whose crews have not been detained prisoners here as you
write, but are sent to you free of expense, and they will undoubtedly before the receipt of
this have reported to your Honor how they have been treated here. We had in our pre-
vious letter to you requested the same civility in the case of our prisoners, and even
expected it.
Gentlemen. We have thought it necessary to inform you that all the messengers who
may be sent by you hither, shall be received also with civility, but we request you in
future to be pleased to employ honorable people in that capacity and no spies, wliich we
are informed for certain this M'' Davenport was, the last time, who although coming here
without a pass being, however excused and civilly treated, after his departure hence made
use of such language as cannot be considered to come from any one but a spy, consider-
ing, however, the character in which he is at present employed by you, I have for that
reason overlooked it. Having nothing more to add I break off and subscribe myself,
Gentlemen, your servant,
By order of the Governor-General
and Council of New Netherland. j^_ Bayard Sec
Done Fort Willem Hendi-ick, this 13'" December, 1673." — Ibid.
The superscription was : —
" These for the Hon^'^ the Governor and Council of Massachusets Colony in New Eng-
land, residing at Boston." — Ibid., p. ijiiti.
In June, 1674, the General Court of the colony granted Mason five pounds for the loss
of his horse ;* but no other compensation appears of record.
The order in CouncHf for the payment of this allowance was passed August 1, 1701.
Chap. 45. This chapter is from council records, vol. VIL, p. 206. It has not been
found in the archives.
This is one of the resolves passed, but not signed, during the previous session. See note
to chapter 39, ante.
Chap. 46. This chapter is from archives, vol. 11, p. 160. It is recorded in council
records, vol. VIL, p. 209.
This is another of the resolves passed at the first session, but not signed by the Lieuten-
ant-Governor. See note to chapter 39, ante.
This resolve was passed upon the following letter or statement, dated December 15, 1699,
to Mr. Joseph Hawley who that year represented Northampton in the General Court : —
"M"' Hawley
In Sir Edmond Andros's time of governing the Lieutenant Governour Niholson, com-
ing in to these parts and finding Northfield in danger of being deserted, desired me to go
and reside amongst them and be y minister half a year and promised that he would
endeavour that I should be rewarded for it out of the publick treasury, and that in case
the governour would not reward me for that seiwice, he would give me fiveteen pounds
money out of his own pocket I went and served them according to his desire ; Sir Edmond
coming into these parts quickly after, M^ Stoddard discoursed with him about what was
done by Capt Nicholson, he spake encouragingly as if he would pay me for serving my
countrey, thus M'' Stoddard informed, I desire you would propose the case to the commit-
tee appointed for allowing Sir Edmonds debts or whomsoever els it belongs to to pass It,
and to demand and receive of the treasurer in my name, whatsoever they shall allow me.
In witness whereof I hereunto set my band, this .15. of Dec. 1699. these words, in the
tenth line, I went and served them according to his desire being first interlined.
Sarah Stoddard Warham Mather
Elezbath Havens
Sir I furthermore declare yt I have received no reward, for the said service, save onely
that the people in the sd Town gave me my board and kept my horse, according to their
agreement. Warham Mather." — Mass.
Archives, vol. II, JJ. 160.
* Mass. Colony Records, vol. V., p. 10.
t Executive Records of the Council, vol. 3, p. 225.
[Notes.] Province Laws {Resolves etc.) . — 1701-2. 693
Tills R'solve was jiasscil, (irsi, in llio IIi)usc,on the twoiitietli of June, on wliicli day, also,
-it was coiifurred in by tlio CouikmI. It was coiisriitcil to, August 1, 1701, li.\' a majority
of the Council, who, on tlio same day, passed an order* for a warrant to the province
treasurer to pay the amount allowed.
The petitioner was son of Eleazar, and cousin of Cotton Mather.
Chap. 48. This chapter is from council records, vol. VII., p. 219. It is preserved in
archives, vol. 70, p. 521.
This is another of the resolves passed, but not signed, at the first session. See note to
chapter 39, ante.
The petition upon which this resolve was passed is as follows : —
"To The hon^ie Lev"* GovernLCouncill tSc Repressentatives In GeniJ Courtt &C'**
The Petition ot Nicholas Pickett a Souldier wounded in his Maj'ies service. An Inhabi-
tant of the towne of Marblehead
humbly sbeweth
That whereas att a GenJ Courtt Upon the 26th day of May 1697, & Continued by pro-
rogations unto the 13','' day of October ffolloweing, Itt was then Votted that there should
bee Allowed outt of the publick Treasury unto Your pooro Pitition;; the sumo of tenn
poundcs for that Yeare, And Five poundes [^ Anum afterwards, till farther order, and
alsoe the Charge of the Cure to liee defrayed by the Publick, as by saide vote may
appeare, and where as your poore Petition^ being now Fiffty six yeares of age & more
and not able to doe any'thing to help him seife towards a Livelyhood, and fiudeing that
flfive poundes a yeare is not sufficient Maintenance, butt must Inevitably suffer, Doth
therefor most bum^Jy Pray Y'our honyf &c. well to Consider my Low Condition, and
Grant mee such farther supply toward my Maintenance, as may bee in some Measure
sufficient for mee in my Aged Estate & Weake Condition as alsoe for the Cureing the
wound which is not yett Perfected
And Your bon" Poore Petition^. shall Ever pray as in duty &c''
Marblehead May 20'.h 170 1 @ N [icholas] P [ickett] ." — Mass.
Archives, vol. 70, p. 524.
The circumstances under which Pickett was disabled are shown in the note to resolves,
1697, chapter 46. The pension granted in that chapter being insufficient for his support,
Pickett applied again, in the above jtetition, which was read, first, in the House, on the
twenty-seventh of June, and thereupon, on the same day, this chapter was passed through
all the regular stages in both branches. It was consented to by a majority of the Council
on the first of August.
By the province" treasurer's accounts it appears that Pickett was paid seven pounds for
the years ending June 27, 1702, and June 27, 1703, respectively .f The order in Council
authorizing these payments was the general order of August 3, 1702, printed in the note
to chapter 39, ante.
Chap. 49. This chapter is from archives, vol. 11, p. 162. It is recorded in council
records, vol. VII., p. 221.
This is another of the resolves which were passed, but not signed, during the first
session. See note to chapter 39, ante.
The chapter Avas based upon the following petition : —
"To the Honered Leftenent Gouener Councell & Representatiues In Generall Cort
Asembeled the Humbel petision of Nicolas Gowen & James Plasteed. Representatiues
for ye Towns of Kittrey & York humbel ly showetli —
That wels. york: & barwick haueing bin by y-' former & latter wors so impouerished
y' y are not abel to maintain yr ministers as y>= out. a y fore Begs such asistence as this
Cort shall think meet — Also y garisons being gou to decay y do. furder beg y' yr might
be som spetial care taken for makeing & Repairing such as your. Honers shall think
Keedful at y« publick charge for ye preseruation of those parts they being the most
Exsposed to danger by ye Indians iEnimy & your petistionors shall Euer pray ;
Nicolas Gowex
James = Plaisteed." — Mass.
Archives, vol. 1], p. 162.
This petition was read, first, in the House, on the twenty-sixth of June, and on the twenty-
eighth the resolve which constitutes this chapter was passed and sent to the Council, for
•concurrence, and was concurred in. It was consented to by a majority of the Council on
the first of August, on which day, also, an order was passed in Council]: for the payment
of the several allowances therein made.
See resolves, 1698, chapter 53; 1699-1700, chapter 18; and 1700-1, chapters 22 and 41.
Chap. 50. This chapter is from council records, vol. VII., p. 223. It has not been
found in the archives.
This is the last of the resolves passed, but not signed, at the first session. See note to
■chapter 39, ante. The action of a majority of the Council upon this chapter is recorded
in council records, vol. VII., p. 228. It is also printed from the original in the state
archives in the note above referred to.
The order in Council* for the payment of this allowance was passed August 1, 1701.
Chap. ,51. This chapter is from archives, vol. 20, p. 57. It is recorded in council
records, vol. VII., p. 229. See chapters 22, 36, 37 and 38, ante, and notes.
The report that Joseph Dudley was seeking the appointment of Governor, with a fair
prospect of succeeding, alarmed the party which had always opposed him. At the head of
• Executive Records of the Council, vol. 3, p. 225.
t Mass. Arcliives, vol. 12'2, pp. 160 and 192.
i Executive Records of the Council, vol. 3, p. 226.
69J: Province Laws (Resolves etc.). — 1701-2. [Chap. 51.}
this party stood Wait Winthrop, who, after the death of Stoughton, had been called t&
preside over the Council, and had also succeeded Stoughton as chief justice of the Superior
Court of Judicature. There seems to have been no properly and regularly commissioned
agent of the province then in England, although Sir Henry Ashurst was actively engaged
there in looking af rer the interests of Massachusetts, in which he had the cooperation and
advice of Constantine Phipps, who appears to have supposed that his appointment to the
agency under Sir William Phips had l)een in some manner continued and was still in force.
"Less than two months later than this, it transpired that not only was Ashurst at this
time opposing Dudley's appointment, but that he was receiving encouraging letters from
Winthrop, Cooke, Elisha Hutchinson and Sergeant, all of the Council.
This may account for the selection of Winthrop as agent, and for tbe haste in which his
appointment was determined upon and his commission and instructions prepared, and the
money raised to be used by him in eifecting the object of the agency.
The resolve appointing "Winthrop was approved on the thirty-tirst of July; and this
chapter, which ordered that he be formally notitied liy a joint committee, followed, the
next day. On the sixth of August he presented in Council his answer to this notification,
" Containing Several proposals thereto,"* as follows : —
" Boston-, August 6t|>, 1701.
In answer to the motion of the Great and Genl\ Court now siting, cohiunicated to me by
their honbi« comitt'', desiring me to goe for England to negotiate their affaires there, it is
humbly proposed : 1ft, That I may haue opertunity to sattisfy myselfe with respect to the
coihission and instructions to be giuen me; 2'y, That the Hon'i (Jourt will please to repose
an intire trust and confidence that I will with all faithfullness serue them to the utmost of
my abillity ; 3^1, That care be taken to procure such sums of mony which I may not faile
of at ray arrivall in England, as may enable me not only to appear there in quallity of
their Agent, but also effectually to manage their business committed to my care, and that
I may not be lyable to render perticular accounts of that betrustment. And for as much
as our fathers and predecessors who were the first settlers of this country (som of them
more espetially) parted with and spent grate estates for the enjoyment of the pure order
of the Gospel which they here set up, and has Iieen ever since practised in the generallity
of these churches, — if in the judgment of those who are there, freinds to this country and
that interest, as well as in my own, there should be a prospect of obtayning a lasting set-
tlement on the same foundations, I would be enabled by credit from this Court to effect
the same, let it cost what it will within the compass of their ordinary ability. All which
i8 humbly submitted to the wisdom of this hond Court to be considered, and being con-
sented to, I shall apply myselfe to get ready for the lirst convenient opportunity, sutable
provition being made for my passage, reseruing som convenient time for setleing my own
afifairs here. Wait Winthrop.
Presented C:>° Aucr.- 1701, Read in Council and sent down.
Augfte'i}, 1701, Read in the House of Representatives." — Mass. Hist. Soc. Coll., vol.
v., sixth series, pp. 04, 95.
This answer was immediately read, and sent to the House, and, on- the eighth, it being
returned "only with a Notation of its having been read in that House, [itj was again
read, and upon Debate had thereon, was withdrawn by himse!f."t
The proposals made by Winthi-op in his letter of acceptance seem to have caused- dis-
satisfaction l)Oth in the Council and in the House of Representatives. Sewall records that
they had much ado to get the requisite number of councillors to sign his commission X
His commission, which was sent up to the Council from the House on the eighth of
August, and was there read and adopted, in concurrence, on the ninth, and signed by
fourteen members, only, of the Council, was as follows : —
"By the Hon^je the Council and Representatives of his Ma'ys Province of the Massa-
chusetts Bay in New England in General Court assembled.
To all unto whom these p'sents shall come Greeting.
Know yee That Wee, Reposing special Trust and Confidence in the Loyalty fidelity &
prudence of our worthy Friend Wait Winthrop Esqi; one of the Council of his Ma'y»
Province aboves"? Have constituted & appointed And Do by these presents constitute
appoint and authorize the s<' Wait Winthrop to be Our Agent for us and in our name and
behalfe from time to time to attend his Ma'y as there may be occasion, concerning all
matters and things that relate to the affairs of this Province or the Government thereof
And to move and solicit, as he may have opportunity, what shall be conducing to the
good and welfare of his Ma'-^s subjects within the same according to such Instructions as
are herewith delivered him, or shall be given him from time to time by the Great and
General Court or Assembly of this his Ma'y^ Province of the Massachusetts Bay aforesJ
In Testimony whereof we have caused the pul)lick seal of the sd Province to be hereunto
afHxed Dated at Boston y^ day of August, In the thirteenth year of the Reign of
our soveraign Lord William the third by the Grace of God of England Scotland, France
& Ireland King Defender of the Faith &c Annoq; Domini 1701
By the Council . . .
Ja: Russell Jonathan. Coewin John Wallet^
Elisha Cooke John Wallet Penn Townsend
John Hathorne John Foster E-^i Hutchinson
Elisha Hutchinson Peteii Sergeant Benja Browne
Sam Sewall. Joseph Lynde John' Higginson." — Mass.
Archives, vol. 20, p. 63.
* Council Records, vol. VII., p. 233.
t Ibid., p. 235.
J " If [he] had not withdrawn hia paper, [I] supose he would not have had a [sufficient] num-
ber; 'tis said Several Deputies have entered their dissent against the Agency." — Diaiy, vol. II.,.
p. 40.
§ Walley signed. fwice.
[Notes.] Province Laavs {Resolves etc.). — 1701-2. 695
The preparations for his departure were nearly completed when news of the appointment
of Dudley reached Boston. This was durinj? the recess of the General Court.* On the
fourth of September, which was the second day of the next session, the Ilonso passed
the following prcaniljle and resolve and sent tlium to the Council for concurrence : —
"Whereas This House hatli Received crediljlo Intelligence, That a Cap.' Gen'.' and
Govcrnour in Chief for this Province is Appointed, and may 1)6 Expected in a short time
to Arrive here.
Resolved That The Sending an Agent from this Province to England, be Deferred till
the next session of this Court, And That the Addressc and Memoriall of this Court to
his Maj^ ije forwarded to his Majiv mutatis mutandis as soon as may be." — Ibid., p. 69.
The Council nonconcurred in this resolve, whei-eupon the House sent up a message,
"desiring to understand the reasons of the dissent of the Board," etc In reply, the
Council scut down a message by Elisha Cooke and John Foster "to acquaint the House
that the same reasons remained with the gentlemen dissenting therefrom as were at hrst
for sending of an agent."
On the sixth, the House sent up another resolve insisting upon their former resolve, and
adding, " that the address and memorial of this (l!ourt to his majesty l)e sent to Mr. Secre-
tary Vernon Avith tlie desires of this Court that he will please to prefer them."
In this resolve the Council again refused to concur; but sul)stituted therefor the follow-
ing, which they forthwith sent to the representatives for concurrence : —
" Se|Tt. 6, 1701. Resolved That the Address, and Memorial of this Court to his Majesty
be Sent to S"' Henr.v Ashurst Baronet, with the Desires of this Court, That he will please
to prefer them, & Solicit the Matters therein Contained on behalf of this province." —
Council Records, vol. VII., p. 243.
The House refused to concur in this resolve, whereupon the Council sent a message "to
acquaint the House of Representatives that the Board insisted on their resolve." The
House now sent to the Council the following : —
" In the House of Representatives Sept^ 62 1701.
Resolved — That the Addresse & memoriall of this Court to His Maji^.y be sent to Con-
stantine Phipps Esqr with the Desires of this Court that he will Please to Prefer the same,
and to solicit the matters therein contained on behalfe of this Province
That an Hundred Pounds sterlT be Allowed and Paid out of the Publick Treasury to
6^ Constantine Phipps Esqr as a further Acknowledgment of his service as Agent for this
Province.
And That a Letter be Prepared and sent by the Hon^ie Councill to s^ Constant : Phipps,
according to the minutes at the last session agi'eed upon, with what is further necessary
to be written on this Occasion." — Mass. Archives, vol. 20, p. 70.
Upon receipt of this resolve by the Council, it was read, and, upon the question being
put, it passed in the negative, " And a Messagef was Sent to the House of Representa-
tives to Acquaint that House, That the Board did not Concurr with them in their resolve
for Sending the Address, and Memorial to Constantine Phips Esq' but did Adhere to
their own, for S>' Henry Ashurst
After which, A Message was Sent from the Representatives to Acquaint the Board, That
that House insisted upon their last Resolve as to Constantine Phips Esq'' Where upon it
was Moved at the Board, That, Inasmuch as there is no prospect of a present Agreement
of the two hoitses about the Person to whom to Send the Address and Memorial, the
Sending thereof might be deferred and the Court be prorogued for Some time."
The vote for indetinitel}^ deferring the sending to England seems to have been con-
curred in.
Chap. 52. This chapter is from archives, vol. 20, p. 58. It is recorded in council
records, vol. VII., p. 230.
The resolve which constitutes this chapter was read and passed in the House on the first
of August, audconcurred in by the Council on the same day. On the fourth, J the com-
mittee met, and on the seventh^ the " Minutes or heads of Instructions . . . were read,
debated, and agreed to, with Some Alterations, and Additions."
It is probalile that the preparation (jf the instructions stopped here, since nothing further
relating to them has been found in the archives, nor has a copy been preserved among the
papers which Winthrop was ver.y careful to keep and to transmit to his descendants.
Chap. 53. This chapter is from archives, vol. 2, p. 592. It is recorded in council
records, vol. VII., p. 232.
In a letter to Fitz-John Winthrop dated August 4, 1701, John Winthrop thus refers to
this expedition ; —
" The French king has sent 600 men to Port Royall and strongl.y fortified all his domin-
ions in America." — Mass. Hist. Soc. Coll., vol. VIII., fifth series, p. 572.
Chap. 54. This chapter is from archives, vol. 40, p. 721. It is recorded in council
records, vol. VII., p. 233.
Walley was appointed a justice of the Superior Court, June 7, 1700. The others had
been in commission a full year, in December, 1700.
♦"Dudley at present ia declared Gov.' of N: England & N^: 'Hampshire." — Letter from
Ashurst to Fitz-John Winthrop, July 10-17, 1701 : JJass. Hist. Soc. Coll., vol. III., sixth »eries,
p. 7«.
t September 6, 1701. Council Records, vol. VII., p. 244.
X Council Records, vol. VII., p. 231.
§ Ibid., p. 23-1.
696 Province Laws {Resolves etc.). — 1701-2. [Chaps. 55-57.]
The order in Council* for the payment of the allowances granted in this chapter was
passed August 22, 1701.
Chap. 55. This chapter is from archives, vol. 20, p. GO. The resolve is recorded in
council records, vol. VII., p. 235.
The original order appointing the committee to prepare this address constitutes chapter
9, ante; but after "Winthrop had been chosen agent, Cooke succeeded him as chairman
Elisha Cooke, chairman of this committee, reported in Council the draught of this
address and minutes of instruction (see chapter 52, ante) on the fifth of August, and the
next day the draught of the address was read, and sent to the House of Representatives.
The House concurred on the seventh, and on the eighth the address and instructions were
signed by " fifteen or more " of the Council, " and ordered to be engrossed."
On the ninth, the address and a memorial to the king (chapter 24, ante), together with
the agent's commission ami instructions, havmg been " fairly engrossed," and " signed by
fifteen or more of the members present at the Board, and being sent down to the represent-
atives, were returned from that House signed by the Speaker thereof."
As has been shown in the note to chapter 51, ante, Winthrop never proceeded on his
agency, and so had no need of his commission and instructions. t
The memorial, this address, and still another address, however, were forwarded later.
See chapter 71, j^ost, and note.
Chap. 56. This chapter is from archives, vol. 48, p. 313. It is recorded in council
records, vol. VII., p. 225.
This committee was appointed- by resolves, 1697, chapter 62; q. v., and note.
By resolves, 1698, chapter 56, Rev. John Rogers, chaplain to the committee, was allowed
for his service the sum of ten pounds.
The order in Council]: for the payment of these allowances was passed August 22, 1701.
Chap. 57. This chapter, which is the report of the committee appointed by chapter
86, ante, is from archives, vol. 20, p. 61. It is recorded in council records, vol. VII.,
p. 236.
The letters received are printed in the note to chapter 36, ante. Of the draughts of the
answers, that in reply to Aslmrst has not been found ; but the letter in reply to Con-
Btantine Phipps was as follows : —
"Sf
The long Intermission of writing to you, and answering yoj" Letter of the 16* of May.
1700. which arrived during the life of our Governour the Earl of Bellomont, and was
transmitted to him, then at New-Yorke, where he continued till the time of his death ;
our Lt Governor also dying soon after, has partly been occasioned by those providences.
We'return you thankes for the good Advice and direction in yours relating to Appeals
for England ;" As also for your good Service in your Agency for this Province, haveing no
intention to make a difference in the reward therefor to Sf Henry Ashhurst and your
Selfe. The Sum of Five hundred pounds Sterling mentioned in yours to be remitted to
S' Henry is a mistake. True it is that Five hundred pounds of this money was ordered
to be paid him here. He demanding a considerable Sum for his disbursments and
Expences in our Service ; which he reckons amounts to that value and more, your Selfe
Saying you had advanced nothing on that Accompt other than for Coachhire, Letters
and other necessary Expences.
We have now ordered the payment of one hundred pounds Sterling to you as a further
acknowledgemf of your Service in your Agency, for us, which is remitted to you by his
Majfies Ship Arundel Capt" Josias Crowe Comand.'' as by the Inclosed bill of Ladeing.- — '
Desiring that you will further concern yoj Selfe in our Service, We have herewith trans-
mitted unto you our Addresses and Applications now made to his Maj'y to be presented
by the first opportunity, and desire you on our behalfe to Solicit the matters therein con-
tained And in case these arrive to you before his Maj'i.es Governour for this Province be
come from England Please to coiiiunicate to him what you shall receive from us, and
pray his Advice and assistance therein
We were unwilling to make our Addresses and Memorial to his Ma'y swel to an over-
great length and therefore have omitted to be so particular therein as may possibly be
necessary, thinking it better to bint the same in our Instructions to your selfe viz'
As to the Ordnance for our Fortifications, it will be needful that some of them be whole
Canon, our want being chiefly of Guns of the larger Cize - — ' Col° Romer his Maj'y
Engineer informes that he has sent a Memorial to the Secretary of state, and to the Com-
mission" for Trade what will be necessary for us on that occasion, which you may obtain
a sight of.
We have formerly written to the Ministers of state relating to the Boundaries betwixt
this his Ma'ys Territory and the French of L'Accadie or Nova Scotia and to the Fishery
on those Coasts. We cteoire, in case the War be not opened, that you would solicit the
adjusting and sctling of that affair, which will very much conduce to our quiet wV> the
Indians ; as also to the encouragem.t of our Fishery, which is the chief Staple of this
Country and do's considerably advance his Ma'.^» Customs, the proceetls thereof being
remitted for England.
As to the Bill said to be lying before y" house of Lords for the dissolving of Charter
Governments in the Plantations We intreat you to be very watchfu' in that matter, and
* Executive Records of the Council, vol. 3, p. 23S.
t "Just as he [Winthrop] waa about to embark, news came that Mr. Dudley was appointed
governor and Thomas Povey lieutenant-governor. The reason of Mr. Winthrop's appointment
to the agency immediately appeared. The vote for his instructions was reconsidered and his
voyage laid slbkXq." — Hutchinson's Hist, of Mass., ed. 1767, vol. 2, p. 130.
t Executive Records of the Council, vol. 3, p. 239.
'[Notes.] Province Laws {Resolves etc.). — 1101-2. 697
use utmost diligence and applications by all convenient means to prevent our Ijeinj; com-
prehended in or concluded by the same to the depriving us of our rights and priviledges.
and, in case the Bill bo likely to be forwarded, that you address the ParliamJ on our
behalfe
Our circumstances are different from those of other Plantations under Charter Govern-
ments, Our first settlement being whoiy at our own cost and cliarges. And by our present
settleuif we are already reduced to a more immediate dependanco on the Crown his Ma'y
having reserved to himselfo the nomination of our Governour Lieu' Govcrnour & Sec-
retary, and a negative on our Laws. !So many of our former priviledges being lost we
'hope at least those that remain will be continued to us.
We shall be careful to make you all due acknowledgements for your service, and are
Sr Your affectionate humble Servants
Boston Oct! IS'i 1701
Mf Phipps.
Postscript
S^ 1 am ordered by the Council to acquaint you That the General Assembly meeting
'but on ye 15"' currf and the Shii)S for Plngland "being then just upon Sayling m.\ Usher
who comes with them present^ a Petition relating to his accompts as Treasurer of this
Territory in the time of Sr EduKmd Andros's Governm* and y' the Court haveing so short
a time to prepare their dispatches by these ships had not opportunity to consider of y«
gd Pet^ou
The original of y« before written Letter transmitted was signed by
Nathl Thomas John Foster. Wait Wixthrop
Daniel Peirce Peter Sergeant Ja: Russell
Em Hutchinson Natii^ Byfield Elisha Cooke
Penn Toavnsend John Wallet Elisha Hutchinson
Samuel Partridge Joseph Lynde. Sami- Sewall •
IsA Addington
& In the name and by the order of the House of Representatives
Nehemiah Jewett Speaker." — Mass.
Archives, vol. 51, p. 133.
Chap. 58. This chapter is from archives, vol. 20, p. 65. It is recorded in council
records, vol. VII., p. 236.
On the day this resolve was passed, Elisha Cooke and Samuel Sewall, of the Council,
were sent with a message to the House to propose the consideration of a further supply,
for the support of the agency ; but no act for that purpose was passeftl until the next year,*
although such of the bills, ordered to be emitted by resolve, chapter 9o,post, as were not to
be applied to the specific purposes named in that chapter, were to be used to defray the
province debts, etc., among which were included the expenses of the agency.
Chap. 59. This chapter is from archives, vol. 58, p. 229. It is recorded in council
records, vol. VII., p. 23^
On the twenty-second of August an executive warrantt was ordered for paying, to the
committee charged with the duty of fitting up a house for the use of the president of
Harvard College, the second and last instalment of the one hundred and fifty pounds
appropriated for that purpose by resolves, 1700-1, chapter 88, as shown in the note to that
■chapter.
It has also been shown that, at that time,t provision had been made for the management
of the college by a vice president, in conjunction with the fellows, in case of Mather's
"refusal, absence, sickness, or death," and that, on the thirtieth of June, Mather had
returned to Boston and formally communicated to the Legislature his intention to sur-
render his trust, and had requested them, "as soon as may be," to "think of another
Prsesident for the 0<illedge."§
The Lieutenant-Governor, stricken with a malady which proved fatal eight days later,
had retired, in great pain, to his home in Dorchester with the hope of recuperating suffl-
ciently to attend the approaching commencement, || at his beloved Harvard, on account of
which the Legislature had been adjourned to Friday, the fourth of July. On that day
the General Court was again adjourned to the thirtieth, from which date it continued in
session until the ninth of August. On Friday, the first of August, the following order was
passed : —
"Aug. 1, 1701. Ordered That Jonathan Corwin Esq'' with such as shall be Named by
the Representatives do Signify to M;' Increase Mather President of the Colledge, That the
Court desired to Speak with liim at three a Clock post Meridiem, relating to the Affair of
the Colledge
Post Meridiem
M'' Mather attended According to Appointm'; and M^ Speaker, and the Representatives
being desired to Come up to the Council Chamber, The said M' Mather Acquainted the
Court, that he was now removed from Cambridge to Boston, And that as the Colledge
remained unsetled, he did not think fitt to Continue his residence there. And look'tat it
as a hardship to expect bis removing his Family thither, but if the Court thought fit to
* Province Laws, 1702, chapter 4.
t Executive Records of the Council, vol. 3, p. 239.
t Resolves, 1700-1, chapter 81.
§ Mass. Archives, vol. 58, p. 226.
II He was dissuaded from this by Sewall, Mr. Nelson, and the Secretary, who called upon hitn for*
that purpose on Tuesday, the day before the commencement. After the conamencement dinner.
Bewail presented a grace-cup from Stoughton, "yjro more Acarlemianim in Anglia," which he 'had
filled " and drunk to the president." — SewaU's Diary, vol. II., p. 38.
698 Province Laws {Resolves etc.). — ll{)\-2. [Chap. GO.]
desire be should continue his Care of the CoUedge as formerly, he would so do." — Coun-
cil Records, vol. VII., p. 229.
The subsequent proceedings on that day relating to the college are thus recorded : —
•' In the House of Representatives Aug"' 1'^^ 1701.
Whereas — The Rev",'i M^ Increase Mather hath Acqvainted this Court, That he catt
with no Conveniency any longer Reside at Cambridge and Take the Care of the CoUedge
there.
Resolved — That a Message be Sent to the Reviid M^ Samuel Willard to Desire Him to
accept the Care and Charge of st| CoUedge, and to Reside at Cambridge in order thereunto
agreeable to the Order of this Court in March last
And That Cap' Andrew Belcher and M^ John White accompany Such Person or Per-
sons as the Board'may AppJ to Deliver 6<\ Message.
Sent up for Concurrence Nehemiah Jewett. Speaker.
In Council. Aug,' pr« 1701.
Pas't a Concurrance and Samuel Sewall an(f John Walley Esqr appointed to joyn with
the Gent" above named in delivering the Message above written. — _^
Is^. Addington Secry." — Mass.
Archives, vol. 5S, p. 221.
On Saturday, the second, Sewall and Walley, the messengers appointed by the Council
in the above resolve, reported* to the Board " That they with the Gentlemen Named by
the House of Representatives had waited upon M^ Samuel Willard, and Delivered the
Courts Message to desire him to Accept the Care and charge of the CoUedge, and to reside
at Cambridge, And that his Reply was, that he would Consider there of and Advise with
his Church,"and give his Answer."
On Tuesday, the fifth, Willard's church having been called together to consider the
subject of their pastor's compliance with the request of the Legislature, the Council
appointed Elisha Cooke, Penn Townsend and Secretary Addington to join with such as
the House should appoint, "on a Messagef from this Court unto M"^ Willards Church
(being to Meet this Day) to Desire their t onsent yt the said M"" Willard might go, and
reside at Cambridge, to take the Care of the Coiledge there."
On the sixth, Samuel Sewall, who was a member of Mr. Willard's church, reported their
answerj to this message ; " viz', That they could not Consent to part with him."
On Friday, the eighth, the committee appointed as above to urge Mr. Willard's church
to consent to his removal to Cambridge " to take Care of the CoUedge"^ were instructed
to renew their application ; but the church bemg still unwilling to lose their pastor, the
resolve which constitutes this chapter was passed on the following day, it being the last
day of the session.
Chap. 60. This chapter is from archives, vol. 70, p. 534.
For the appointment of this committee, see resolves, 1700-1, chapter 85, and see, also,
chapters 30, ante, and 95, post, and notes.
The order which constitutes this chapter was based upon the following petition : —
** To y^ Honb'e y<= Great & Gen" Court or Assembly of his Maj" province of ye Massa-
chnsets Bay in New-England now sitting in Boston.
The petition of Timothy Clark & Tho. Brattle.
Humbly sheweth.
That whereas your petition™ were appointed by y" Great & Gen" Court of s^ province
to be a Comittee for y" ordering & directing y reparation & new making of Fortifications
on Castle Island, & to manage }"■ laying out of y" mony granted to that use; for which
their service they were to have due satisfaction out of y"^ province Treasury, & Whereas
yo"" petition'^ have now diligently attended s'' AVork for y° Space of near four months last
past devoting their whole time thereunto, & have faithfully discharg'd y" trust reposed in
them to y" utmost of their abilities notwithstanding ye great hardships & discouragem''
they have met withall therein, & are still engaged in said service.
Your petition" do therefore humbly pray yo'' hon" will be pleased to let them know
what they shall have for y" Service they have already don ; which they hope will be pro-
portionable to j'« great importance & difficulty of such their said service ;
& yo"' petition"^* shall ever pray &c Tho. Brattle.
Boston 9* Augr 1701./ Tim2 Clarke." — Mas*.
Archives, vol. 70, p. 534.
This petition was read, in the House, on the ninth of August, ami sent up for concurrence.
The action of the Council thereupon is detailed in the foot-note on p. 309, aiite. Romer
had prepared a petition, dated the eighth of August, which he seems to have presented to
the Council, and this, with still another petition, from Brattle, was considered by the
Board, on the ninth. Brattle's petition has not been found, but that of Romer was as
follows : —
" To y" Honrbie ye Great & Gen" Court of his Maj" province of y^ Massachusets Bay
in NewEngld, now Assembled in Boston.
The humble Address of Coll" Wolfgang W"» Romer, his Maj" chief Engineer for y«
Continent of America, briefly sheweth.
That I had y^ hon'' to lav before y^ Hon'''" Councill ye 23th of y« last month a Memo-
riall, concerning y" Fortifications on Castle Island in which I gave their Hon" a true
representation of ye state & condition of s'J Fortifications ; in answer to w<:'> they were
pleased by word of mouth to assure me, that whatever I therein demanded should be
* Council Records, vol. VII., p. 231.
t Jbid., p. 232.
i Ibid., p. 233.
5 Ibid., p. 236.
[Notes.] Province Laws {Resolves etc.). — 1701-2. (J99
granted & comply'd with. But I must t-rave leave to tell yon, that since that time 1 have
found very little alteration for y" better, (Save tliat I have 18 or 20 laijourers more than
were there before, of 50 w'' I desired.) but iu many thin;?s for y worse. For, I plainly
perceive that by y conduct of Coll" Hutchinson w" i.s Capt"" of s' Castlo, his taking upon
him to do those tbinss w '' do not lielong to him, & w'' are wholly needless, & his setting
himself in ojjposiiion to what 1 order from time lo time, cSi countenancing y« souldiers Ik.
others in their disoijedienco to my commands; l)oth my Self & y Gent" of y Coriiiittee
appointed for that service, have lost all tnai respect & Submission from y« Workmen &
Labourers, w '■ is necessary to y Advancement & progress of y' s'' Fortifications. And
I am of the Oi)iiiion, that Work will Suffer very considerably, unless it be managed
according to reason, & I may liave full power to command all those w" are iniployed in
that work. Nor do I exiiect that Coll" Hutchinson as Capt"" of s'' Castle, should liave y»
least power to contradict me in my business there, as I do not pretend to have any thing
to do with those w" are under his immediate Command.
Wherefore, I judg it highly necessary thatyo'' Hon" do take some speedy & etfectuall
care hereabout, &c that a CoiTuttee may be chosen from among yo' selves to enquire into
y" bottom of these Comi)laints, & to make a true report thereof in writing. Otherwise
I shall not continue any longer on s'' Work, nor answer for it; but be obligeel after I have
publickly aquitted my self of all y° damage w^^'' may happen thereunto, to take my leave
thereof. For I am unwilling to submit my self to y directions of raw iSc unexperienced
people, w" many of them pretend to be my friends, but hate mo in their hearts, as I have
found by grievous experience during my Slaving & toyling in s'' Work.
I therefore most humbly pray yo'' Hon" to take w' I have hero said into yo"" Serious con-
sideration, & to give all good & reasonable Orders in this matter, which I shall readily
comply Avith to y utmost of my power, & am w"' all due respects
Your Honn" Most humble Servent
Boston ye 8. of August. 1701 W: W Romer." — 76«V,?.,
p. 533.
The action of the Council upon these petitions is thus recorded : —
" Aug. 9, 1701. A Petition of Coll" llomer his Majesties Engineer, and of M"" Thomas
Brattle of the Committee for the Care, and Over sight of the Fortifications making on
Castle Island, Complaning of some Obstruction in Managing of the said Affair was read,
and themselves, and the Captain of the Castle were heard thereon.
And Agreed That the Council do Visit the Castle on Munday next." — Council Records,
vol. Vn.,p.23T.
The following is Sswall's memorandum of the Cotmcirs visit to the Castle : —
" Aug' 11. [1701.] Go down to the Castle to try to compose the differences lietween the
Capt. and Col. Homer: Order that the Line next the Chaiisl be presently finished with the
Brick- Work. I told the young men that if any iuteinperat Language proceeded from Col.
Romer, twas not intended to countenance that, or encourage their imitation : but observe
his direction in things wherein he was Skillful and ordered to govern the work : or to that
effect. Lest should be thought the Council had too much wink'd at his cursing and swear-
ing, which was complained of." — Diary, vol. II., p. 40.
The differences between the engineer and the committee still continuing, the Council, on
the twenty-fifth of September, appointed a committee of the Board to visit the Island and
settle the contentions. The following is the record of this action : —
" Sept. 25, 1701. A Memorial being presented by C0I2. Romer referring to the Fortifica-
tions now in making on Castle Island ; the same was read at the Board ; and James Rus-
sell, Elisha Cdoke, Samuel Sewall, John Walley, Eliakim Hutchinson, Penn Townsend
and NathanL Byfield Esql2 and the Secretary were nominated and desired to visit the
Castle to morrow, to confer w'h C0I2 Romer and the Committee, and to give directions as
to the matters contained in the si memorial." — Executive Records of the Council, vol, 3,
p. 252.
Chap. 61. This chapter is from archives, vol. 11, p. 164. It is recorded in council
'records, vol. VII., p. 237.
This resolve originated in the House, on a motion for a fast, naming the day. The proc-
lamation was drawn up on the twenty-third of August and signed by all the members of
the Council then " present at the Board."
Chap. 62. This chapter is from archives, vol. 70, p. 537. It is recorded in council
records, vol. VII., p. 239.
The following order in Council was passed to carry into effect the provisions of this
chapter : —
" Sept. 4, 1701. An Alteration being made by the General Assembly in their Resolve
passed at their Session begun the 28^ of May last, wherein is granted one hundred
pounds towards repairing the Fort at Salem, abating that clause in the Proviso thereof
(that the said Town take care for the future to keep it in repair).
Ordered, That a new Order be made out to the Field Officers of the Regiment there,
impowring & directing them to take effectual care, that the si Fort be repaired and set in
good order necessary for defence, after the best manner that may be with the sj sum
granted by the General-Assembly, and the further sum to be expended by si Town of
Salem according to the Proviso in the Resolve aforesaid.
And a new order being accordingly drawn up, was signed by fourteen of the Members
of Council present at the Board." — Executive Records of the Council, vol, 3, p 242.
Chap. 63. This chapter is from council records, vol. VII., p. 240. It is preserved in
archives, vol. 70, p. 539.
700 Province Laws {Resolves etc.). — 1701-2. [Chaps. 65, QQ.']
The petition upon which this chapter was based is as follows : —
" The Humble Petition of Elizabeth Riley formerly Walinford, to the Hono'^ed Coun-
cell & Representatives Asembled at Boston July 30"' 1701
Huml)le sheweth that my son Nicolas Wallinford served his Majestie five Weeks, one
week vnder, LeiV francis Perkins, & about one moneth vnder Cap' James fFry of
Andover, about three yeares past, & I have not Received the wages due to mee for s'^ ser-
vice : I desired Cap' tfry to take vp the money for my vse, liut hee deferred Demanding of
it, vntill the Comission''^ of War who were at y' time Imployed : their time was expired,
that Cap' fry could not get a Debenture for mee : these are therfore humbly to Crave,
that the Comissione"'' of War may bee Comissionated to Grant s'^ money, when Cap' flFry
doth make it appeare what time my son served his Majestie & yC Petition'' shall ever pray.
Dated in Rowley July 26'i' 1701 ^ ^er
Elizabeth £ Riley. — Mass.
Archives, vol. 70, p. 539. ^^"^^
The following certificates were filed at the same time : —
" This may inform whome it doth concern that niccolas wallenford was impressed for
his maiestys Seruice the 13th of Jime 1698 and Serued with his own Armes
as Atests John dresser leiut " — Ibid., p. 541.
" Andiuer October I7'> 1699
This may sarty fi hom it may consarn that Nickless Wolinford haue sarued his magesti
under my command from the 20 of Jun to y 13 of July 98
James FRY Capt." — Ibid., p. 542.
On the thirtieth of July this petition was read in the House. Nothing further was
done upon it until after the recess. On the fourth of September the resolve which consti-
tutes this chapter was passed by both branches, in concurrence, and signed by fourteen
members of the Council.
The order in Council"* for the payment of this allowance was passed September 25, 1701.
Chap. 65. This chapter is from council records, vol. VII., p. 240. It has not been
found in the archives.
Chap. 68. This chapter is from council records, vol. VII., p. 241. It is preserved in
archives, vol. 119, p. 172.
At the second session of the General Court for 1699-1700, the following petition was
presented : —
" To his Ex^ Richard Earle of Bellomont Cap? General & Governour in chief in & over
his Ma'y^ Province of the Massachusetts Bay in New England, and to the hon^e Council
and Representatives of the s^ Province in General Court assembled March 1699/1700
The Petition of Samuel Wakefield of Salem & John Wilson of Ipswich
Humbly sheweth
That in the year 1698. your pef.s in consideracon of a valueable sum of money by them
to be paid, hired & fermed the Excise that in the s'5 year should, by virtue of an Act of
the General Assembly then made & passed, arise & grow due for all wines Brandy rhum
and other distilled Liquors Beer, ale, perry and Cyder sold by retail in any Town or
place within the Countys of Plymouth, Bristol & Dukes County. And that your Pef.^
having hired & fermed the s'' Excise as afores'J have made several Journeys to Bristol in
the County of Bristol aforos<i to collect & receive the Excise growing due and arising
in the s'} Town, but the Innholders and retailers there wholy refused to pay their s<^
Excise or any part thereof. Whereupon yc Petitioners making application to" his Ma'y^
Justices of the peace in s^ County for a VVarrant to make search in their Cellars & to seize
all Liquors & strong drink not entred, as the Law directs, your Pet^^ were denied such
Warrant by reason whereof yo'' Pot^ are deprived of a very considerable part of the
Excise by them hired & fermed as afores^ and are left without remedy for the recovering
thereof, which with the great charges your Petitioners have been at in making several
Journeys to Bristol afores^ hath been to your Petitioners very great loss and'damage,
And besides the s:2 damage'in being deprived of the s(i Excise have in their Journeys'to
s"! Bristol sufiered very great abuses, and once had their horses ears cut ofiF, and in that
same Journey were damnified more than Twenty pounds apiece, neither dare your Pef'
venture themselves again there (the people of that place being so maliciously & vehemently
set against all Officers of the Excise) without a considerable strength with them, for their
safety and defence
Your Petitioners therefore humblv pray Your Excellfjy and this honb'e Court to take
the premisses into Consideration, and to make such provision as may effectually enable
your Petitioners to recover all such sum & suins of money which are due unto them for
Excise in the County of Bristol aforcsd the collecting whereof your Pef.s have been
obstructed & hindred in as afores'J Or to make yo"" Pet';^ such Allowances or Abatem'* for
the same as to yc Ex^yand honours shall seem just &'reasonable.
And your Pef.s as iii duty bound shall ever pray &c Sami-i-: Wakfield
. ,• , ^^« ,^^ John Wilson." — Mass.
Archives, vol. 119, p. 169.
The petitioners filed with their petition the following account of losses and expenses : —
"An Account of what Charges Sam" Wakefeild hath been putt to, in the Countreys
service, in collecting the Excise, and defending an abuse put upon him by the cutting of
his horses Ears in y« Execucon of his duty in the yeare 1698 in teuerton in the County of
Bestoll
* Executive Records of the Council, vol. 3, p. 250.
[Notes.] Pkovince Laws (Besolveff etc.). — 1701-2.
701
To 10 daycs loss of time for want of horses & for Expences in yt time
P'} cliarf^es and Attorneys Fees at Bristol Conrt ....
To :i Jonrneys to Bristol Court, 2 of tlicni in y ■ Winter from : saleni
To 3 Courts at Boston ah' Suit &c vv'.'' Attorneys ifecs & cliarges
To tjoinf^ once to I])s\vicli Court
To niony j)'' Dan" llowland in Boston for Court cbarj^es .
To ituttfntc in a Petition at mareli Court and attending a fortnight .
To a Petition this sessions & charges
u t d
3:0:0
1:6:0
9,, 0„ 0
7„ 0„ 0
^^"^^',^
7, 8„10
1.10, 0
1,/ I'J , 0
30 „ 6„10
Value of y*' horse 6,., 0„ 0
a List of the Inholders & Retailers That did not pay their Excize in the year 1698
Isaac llowland
Addam Wright
Geo : Bonam
Benony Ewen
Rob' Ransom
40
8. 10
John Sisson
Jn" Spooner
Plimouth M'" woodcock
John Lane
Jn" Osl)on
Jaliez H<nvland
Mrs Mary How
Jaiues Cole
M'- Billings. J
M" Stone, in arrear
M.r Child in arrear
Nathaniel Toogood .
Bristol County
3"-
10»
£8. 10
31:10—*
— Ibid., 2}. 129.
Until the next year no trace of legislatiA'e action on the snbject of this petition has been
discovered. In the tlrst session ofthe next Assembly another petition was presented, as
follows : —
" To his Expy Richard Earle of Bellomont Cap*" Generall and Govem"; in chiefe in and
over his Majtie's Province of the Massachusetts Bay, and Representativ's of s^J Province in
Generall Couit Assembled 5'-'' June 1700
The Petition of Samuel Wakefeild of Salem, and John Wilson of Ipswich
Humbly shew
That ill the year 1698 yonr Pef^ in consideracon of a valnalile snme of mony by them
agreed to be paid farmed the Excize that should grow due in that yeare by virtue of an
act of the Generall Assembly then made and passed, for all wines Brandy Rhum, and
other distilled Liquors Beer Ale Perr.y and Cyder y' in the s'l year should be sold by Retaile
in any Towne or place within the County of Plymouth, Bristol! and Dukes County That
your Pet's have made several journeys to Bristol! to collect the s'' Excize, but the Inhold-
ers wholly refused to pay y same And tlio your Petys appiyed to the Justices of ye peace
for a warrant to search the Cellars and to seize all the Liquors & strong drinclv not entered
as tlie Law directs, they were denyed such warrant. That your Pet" in going to Bristol! ia
Bristol! County in the Execucon of their office rec<i great abuses having their horses Ears
crop'd off, hane expended ah' 45 i/ in Law Suits vpon" account thereof; besid's the loss of
their horses. That there is 40 pounds due from yo'' Pef^ to the Countrey, and almost the
like suiTie due to yo'' Pefrs for Excize So that your Pef.s are without Remedy to collect or
receive the same vnles this hon"^'" Court will grant Rehefe in y-' premisses
Yo'' Pefrs therefore most humbly intreat your Excy and this hon^'e Court to take the
premisses into consideracon and to remitt tlie 40 due to tof the Countrey, or provide a way
for y« Recovery of it ; and allow to yo'' Pet^s such Costs & Damages as to yo'' honr^ shall
seem meet
And yo"". Pef.' as in duty bound shall pray &cn/ Saml Wakefield
Jn? Wilson." — Ibid.,
p.] 71.
Upon this petition the Council, on tlie twenty-eighth of June, 1700, passed a resolve
granting the same allowance as is made in this chapter; but the resolve failed to receive
the concurrence of the House, and on the twenty-ninth, it was "read and referred to the
next session for furtlier consideration."
The petition was again read in the House on the fourth of Septemljer, this year, and the
present chapter passed thereon, which was concurred in and signed by fifteen councillors
on the next day.
The order in Council]: for the payment of this allowance was passed September 25, 1701.
See chapter 78, and note, post.
Chap. 67. This chapter is from archives, vol. 48, p 345. It is recorded in council
records, vol. VII. , p. 242.
The following entry in the council records is the first mention that has been found of
the expected arrival of Governor Dudley : —
" Sept. 3, 1701. . . . the Arrival of his Majestys Ship the Gospert from England, by
which there was an Account of his Majesties Appointment of Col" Dudley to be our Gov-
ernour, and that he might be expected in a Short time. And that Eliakim Hutchinson Esq'
* This memorandum appears in the margin.
t Sic.
\ Executive Records of the Council, vol. 3, p. 251.
702 Provixce Laws {Resolves etc.). — 1101-2. [Chaps. 68, 69.]
had the like Intelli,2ence in a Letter by him rec^ from a principal Merch' in London an
Abstract of so much whereof as Concerned that Matter should be laid before them, . . ."
— Vol. VII., p. lASVV.
Two days later the following entry was made : —
"Sept. 5, 1701. The Secretary was Sent to the House of Representatives to move to
Know what Directions the.y would please to give for the reception of the Kings Governour
expected shortly to Arrive within this Province." — Ibid. , p. 241.
On the following day the order which constitutes this cliapter was passed.
Dudley did not arrive in Boston until the eleventh of June, 1702. The Centurion,
which brought him, touched at Marblehead the day before, whence a letter announcing
his arrival was despatched to Secretary Addington. The ship then sailed for Boston.
He was met just outside Point Alderton by a deputation from the Council, in whose behalf
Sewall delivered a congratulatory address. The committee accompanied him to Scarlet's
wharf, where he landed in the presence of the Council and the Boston regiment. Thence
he was escorted, In' the " Troop of Guards, and Col. Paige's Troop," in procession. Sewall,
from whom these particulars are derived, thus continues : —
"June, 1, 1702 . . , March'd to the Townhouse. There before the Court; Ministers,
and as many else as could crowd in, the Governour's and L' Govr* Coinissions were
published ; they took their Oaths laying their hands on the Bible, aiid after Kissing it.
Had a large Treat. Just al)out dark Troops Guarded the Gov to Roxbury. He rode in
Major Hobby's Coach Drawn with six Horses richly harnessed. By mistake, my coach-
man stayed in the j'ard, and so Joseph and I went alone. Foot gave 3 veiy good Volleys
after the publication of the Coinissions, and were dismiss'd. Mr. Mather crav'd a Bless-
ing and Mr. Cotton Mather Return'd Thanks." — Dlanj, vol. II., p. 59.
Chap. 68. This chapter is from archives, vol. 11, p. 163. It is recorded in council
records, vol. YII., p. 212.
This resolve was based upon the following petition : —
".July 28th 170L
To his Majesties most Honourable Council & Representatiues in the Great & General
Court now assembled at Boston by adjournm;
The Petition of the select men of Dunstable, in behalfe of the few Inhabitants there
setled, humbly sheweth
That whereas the wise God (who setteth the bounds of all our Habitations) hath dis-
posed Ours, but an HandfuU of his People, not exceeding the number of Twenty tiue
ffiimilies, in an Out-side Plantation of this AVilderness, which was much depopulated in
the late Wars & two Third Parts of them though living upon Husbandr_y, yet being but
new Beginners & their Crops of grain much failing of wonted increase, are in such low
circumstances, as to be necessitated, to buy their bread-corn out of Town for the Supply
of their own tfamilies, whence it comes to pass, that they are capable of doing very little
or nothing towards the maintenance of a minister here setled. And our Non-Resident
Proprietors, being far dispersed asunder, some in England & some in several remote
Parts of this Country & making no Improuement of their Interests here, most of them
for divers years past, haue atforded nothing of Assistance to us in so Pious a work, there
having also in some years past been some Considerable Allowances for our Help herein
out of the publick Treasury (for which we return our ThankfuU Acknowledgments) the
Continuance whereof was never more needfuU then at this time.
These things being duely considerM, We think it requisite hereby to Apply our Selues
to your Honours, humbly to Request the Grant of such an Annual Pension out of the
Country Treasury for the support of the ministry in this Place, as to your Selues may
seem most needfull, untill our better Circumstances may render the same needless.
Moreover having been lateh' informed by a Representatiue of a neighbouring Town,
that Dunstables Proportion in the Country Rate newly emitted was six pounds, arising
fi'oin the multiplication of Twenty Shillings six times, but finding Ijy the Printed Paper
lately come to us, that We, the smallest Town in the Province, are Assessed nine pounds,
three pounds beyond Stow, which we deem in respect of the number of its Inhabitants
may exceed us at least a 3'' Part ,
We humbly hereupon desire that the Original Assessments may be revised, & if there
be any mistake found in the Proportion assigned to us (as we judge there may be) that
it may be rectified. And We shall Remain
Yovr Honours humble Servants
ever to pray for You Joseph ffarewell
Robert Parkis
Wm Tyng."— JV/ass.
Archives, vol. 11, p. 163.
This petition was read, first, in the House, and the resolve which constitutes this chapter
passed thereon on the fifth of September. On the following day it was concurred in by
the Council and signed Ijy fourteen councillors.
The order in Council* for the payment of this allowance was passed June 19, 1702, and,
l)y the province treasurer's accounts, + it appears that the amount thei-eof was paid to
Lieutenant-Colonel Jonathan Tyng in behalf of the town of Dunstaljle.
Chap. (59. 'This chapter is from archives, vol. 58, p. 231. It is recorded in council
records, vol. VII., p. 242.
The proceedings, down to the last adjournment of the General Court, relative to the
appointment of a proper person to take the principal charge of Harvard College have been
narrated in the note to chapter 59, ante.
* Executive Records of the Council, vol. 3, p. 329.
t Mass. Archives, vol. 122, p. 167.
"[Notes.] Province Laws {Resolves etc.). — 1701-2. 703
Upon the reassembling of tho Court, in Soptombor, the House sent to the Council a
resolve,* again requesting Mather " to take tho Care of and reside at the Colledge," which
"being read at the Board, Ellsha CoolvC, and Penn Townscnd Esq" were Nominated,
and Appointed to go (with Such as tlic Representatives siiouid think fit to Accompany
them) unto M'' Samuel Willard, to whom this Court had made Application to Attend
that Service, And to Spcalc with iiim, and receive liis Answer tiierealjout
Ellsha Cooke Esqf Acquainted tho Board That himself, and the Other Gent" had Spoken
with M' Willard, who declared his readiness to do tho l)est Service he Could for tho Col-
ledge, and that he would Visit it once or twice every Week, and Continue there a Night
or two, And performe tho Service used to 1)0 done by former Presidents."
On the next day, tho resolve of the House for inviting Mather " was again read, and,
upon tho question put for a concurrence, it was carried in tlie negative," and thereupon
tho resolve which constitutes this chapter was passed, and sent to the House, for concur-
rence, and being returned on tho same day with a vote of concurrence, it was signed by
fourteen members of the Council. Willard having accepted the position thus offered him
commenced to draw his salary from the sixth of September. f
Thus was Mather superseded, evidently much to his surprise and mortification. The
threat to resign which had so often availed him was no longer eflfectual to prevent the
appointment of a successor. Both he and his son resented the action of the Council in
taking him at his word, and l)oth were intemperate in their condenmation of the majority
of the Board, and especially severe toward Sewall, upon whom they had relied to prevent
a decision which would preclude tho father from further temporizing.
The language of Sewall which gave most offence was his expression of the opinion that
"If Mr. Mather should goe to Cambridge again to reside there with a Resolution not to
read the Scriptures, and expound in the Hail : I fear the example of it will do more hurt
than his going thither will doe good.";]:
As Mather seems not to have' repudiated such a resolution, the inference is unavoidable
that either Mather had given cause for the suspicion that, if forced to reside in Cam-
bridge, he should omit the exercises above named, or that he had already done so during
his x-ecent reluctant stay there.
A doubt having been started as to the extent of the authority conferred upon AVillard
and his associates in the government of the college in regard to the conferring of degrees,
it was settled as shown in the following entry : —
" April 28, 1702. A Question being moved upon the construction and intendment of the
Order of the Genei-al Assemljly for a temporary establishment of the oversight & govern-
ment of the Colledge and Students there, whether it do contain a sufficient power to
Ml Samuel Willard nominated to be vice President, with the other Gent]} therein named,
to "carry on the work of the approaching commencement and to confer Degrees upon the
Commencers as has been accustomed.
Resolved. That they are sufficiently impowred thereto by s^ Order, and that they be
desired to proceed in the said work accordingly. And that Elisha Cooke and Samuel
Sewall EsqiJ be desired to acquaint M^. Willard therewith." — Executive Records of the
Council, vol. 3, p. 302.
Chap. 70. This chapter is from archives, vol. 20, p. 72. It is recorded in council
records, vol. YIL, p. 247.
The deadlock existing at the close of the former session, between the House and the
Council, on the question of forwarding the address and memorial to the king has been
described in the note to chapter 51, ante. On the second day of the present session the
resolve, which had passed the House and been rejected by the Council at the former ses-
sion, was introduced in the House without the clause requiring a letter from the Council,
and passed and sent up for concurrence. On the next day, in the form in which it appears
in this chapter, it was passed by the Council, in concurrence, and signed by fifteen
councillors.
It would seem that the certainty of Dudley's appointment had produced a change in the
minds of councillors as well as of representatives. That Ashurst was Dudley's avowed
opponent was notorious, and it was clearly impolitic to encourage the open enemies of the
new Governor. Again, among the eleven councillors who were living, and qualified, and
who did not sign the resolve, "there were Winthrop, Hathorne, Phillips, Foster, Sergeant,
Higginson and Walley, who were known friends of the Mathers, besides others who may
reasonably have been suspected of a leaning that way, though not known to be so warmly
attached by relationship or other social ties. Ashurst was deeply grieved by the action of
the General Court in preferring and rewarding Phipps as agent in this business. Under
date of March 25, 1702, he wrote to Increase Mather, " I was so out of humour with my
ill usage here and in New-England, for my faithful 12 years service, that I had no heart
to write. I see, he that is faithful to his religion and his country must expect his reward
above." ^
Phipps, however, was as much elated by this token of confidence as his former associate
was depressed. He applied himself promptly to the business intrusted to him, and, ten
days after the receipt of the papers and his instructions, he wrote the following reply to the
Council and House of Representatives : —
" Middle Temple London Decemb : 11: 1701
Hon«<3 S" _^ ^
On Monday the first Instant I reced yo"" kind Lre of y» IS'^ of October Last together w""
TO'' Addresses & memoriall inclosed & pursuant to yo'' du-eccons I was to wait on Coll
Dudley who hath his Ma"'^* warr' to l^e yo"^ Governor by w^h I doubt not but one part of
* September 5, 1701. Council Records, vol. VII., p. 241.
t See resolves, 1702, chapter 72.
j Sewall's Diary, vol. II., p. 44. .
§ Hutchinson's Hist, of Mass., ed. 1767, vol. 2, p. 123, note.
704 Province Laws (i?eso?ves e<c.), — 1701-2. [Chaps. 71, 72.]
yC Addresse is answered, Coll Dudley being in the Countrey and yC Lfe directing me to
deliver vo'' Addresses y first opt^tiinity I waited on his ma"" at Hampton Court on
Sunday 'following being introduced by ye Earl of Pembroke y" L'' Presid' of y^ Councill
& delivered yo'' Addresses & niemoriall w^'' his nia'"' rered w"' an extraordinary satisfaccon
& delivered to y>= Secretary of State from whom I will take care they shall be transmitted
to y« Coiuittee" of Trade & hope by the Assistance of Coll Dudley who hath deservedly^a
very great interest at Court to obtain those things you desire 1 think it y« duty of eiiy
one to discharge y trust reposed in him to y« vtmost of his power but take my self to ly
vnder a more then ordinary obligacon to do you all y service imaginable sincejyou have
thought fit to give fi"esh instances of yo Confidence in me by renewing yo Couiission of
Agency w^h I will endeavor to discharge in such manner as may be most for yo'' service
arid that I may be the better enabled to do it I have waited on Coll Dudley since his come-
ing to Town & coiTiuuicated yo"" Addresses & memoriall to him who intirely concurrs w'*>
you in euy thing w<='> you desire & hath been so kind to promise me his Assistance in
every respect.
I reced y" Bill you were pleased to send me for y« pieces of 8. but not having an opF-
tunity to see Capt Crow I have not yet reced y« money But return you my thanks for it
I have inclosed y Gazett w:'-' takes notice of my delivering y« Addresses and begg you
would be assured "that I shall vpon all occasions endeavour to acknowledge the obligacon
you have been pleased to lay vpon
yo most obedient humble serv'
Con Phipps." — Mass,
Archives, vol. 51, p. 137.
This letter is endorsed, " Rec<i ^ Whitehorne. — .^r^ May 1702./."
Chap. 71. This chapter is from archives, vol. 20, p. 76. The resolve is recorded in
council records, vol. VII., p. 248.
On the sixteenth of October, the representatives sent a message* to the Board, by
Captain Thomas Oliver, representative from Cambridge, and Captain John Burrill, repre-
sentative from Lynn, " That the house desired to have the Perusal of the Courts Address,
and Memorial to his Majesty, and the Instractions for the Agent, Which were Agreed
upon at their Sitting in August past." These papers were accordingly sent down to the
House.
This was followed by a messaget from the House to the Council, on the seventeenth, con-
veyed by Major James Converse, the representative from Woburn, and Captain Thomas
Oliver, the representative from Cambridge, proposing " That in the Address to his Majesty
it might be inserted, That the Court had Appointed an Agent to Attend his Majesty refer-
ring to the Afiairs of this Province, but Intelligence Arriving, before his Dispatch, that his
Majestv had Appointed a Governour over the Same, And that he might be Speedily
expected here, they had deferred his Setting forward, that so they might have the Advan-
tage of the Governours Advices and Directions in the further humble Representations, and
Supplications Necessary to be made to his Maj'y, And Also Desiring, That in the said
Address Notice might be taken of the Bill lying before the House of Lords for the Vacat-
ing of Charter Governments." Thereupon " The Council resolved into a Committee to
Consider of the Draught of an Address to his Maj'/ and of a Letter to Constantine Phips
Esq"-, and agreed upon Minutes for the Same, which the Secretary was directed to Carry
downX the House of Representatives."
On the eighteenth, the draughts of the address and of the letter to Phipps, having been
completed, were read and agreed to, and together with the address " agreed upon the ninth
of AugiistjJ last, mutatis mutandis, being fairly transcribed, were severally signed by four-
teen or more of the members of Council present at the Board and by Mr. Speaker in the
name and by order of the House of Representatives."
Sewall thus briefly sums up the above proceedings of the Legislature : —
"Wednesday Octr 15. Court meets, draw up a new Address; send that and their
former with the Memorial to Mr. Constantine Phips, with 100£ Sterling Money of Eng-
land, for to recompence his former service." — Dianj, vol. II., p. 43.
Chap. 72. This chapter is from archives, vol. 11, p. 164. It is recorded in council
records, vol. VII., p. 248.
The following entries explain themselves : —
"Oct. 18, 1701. A Message being Sent up from the House of Representatives desiring.
That a Dav for Public Thanksgiving thrA out the province might be Celebrated Some time
the next Month and that the Board would Consider of the most Suitable day for that
Purpose
It was Accordingly Agreed by the Council That Thursday the 20"> of November next
be set apart as a Suitable day for that Service." — Coz«kcj7 Records, vol. VII., p. 24S.
"Oct. 22, 1701. The House of Representatives at the late Session of the General
Assembly, having made a motion to the Board that a day of General Thanksgiving be
appointed to be kept throughout this Province sometime in Novi next,
Resolved. That Thursday the twentieth of NovL next, be set apart for that service, and
that a Proclamation be drawn up and emitted for that purpose.
And, a Proclamation being drawn up accordingly, was signed by fifteen of the Mem-
bers of Council present at the BodiVd." — Executive Records of the Council, vol. 3, p. 200.
" Octobi 22. 1701. . . . Went to the Council. . . . Haiiier'd out an Order for a Day of
Thanksgiving." — Sewall's Diary, vol. 11, p. 43.
* Council Records, vol. VII., p. 246.
t ^''id., p. 247.
t Sic.
§ Chapter 55, supra.
[]SoTES.] Province Laws {Resolves etc.). — 1701-2. 705
Chap. 73. This chapter is from archives, vol. 101, p. 210. It is recorded in council
records, vol. VII., p. 219. See resolves, 1699-1700, chapter 21, and note, and 1700-1,
chapters 49 and 57, and notes.
Chap. 74. This chapter is from archives, vol. 20, p. 74. It is recorded in council
records, vol. VII., p. 219.
The order in Council* for the payment of this allowance was passed October 22, 1701,
and signed by fifteen members. See quotation from Sewall's Diary, in note to chapter
71, supra.
Chap. 7o. This chapter is from council rocoids, vol. VII., p. 249. It has not been
found in the archives. See chapter 60, ante.
The order in Councilf for the payment of these allowances was passed October 22, 1701,
and signed by fifteen membeis.
Chap. 76. This chapter is from archives, vol. 70, p. 545. It is recorded in council
records, vol. VII., p. 219.
The disagreement between Romcr and the committee appointed to manage the expendi-
ture of money granted toward fortifying Castle Island has already been alluded to. J In
this and in chapter 75, supra, the Legislature evidently sought to conciliate both sides by
granting thirty pounds, each, to Brattle and Clarke, for their services, and by presenting to
llomer and his son, each, a piece of plate.
The order in Council^ for the payment of the amount of these allowances was passed
October 22, 1701, and signed by fifteen members.
Chap. 77. This chapter is from archives, vol. 113, p. 306. It is recorded in council
records, vol. VII., p. 250.
Chap. 78. This chapter is from council records, vol. VII., p. 250, and archives, vol.
Ill, p. 70.
The petition upon which this chapter was founded is as follows : —
"To the Honbje the Council & Representatives of his Ma'^s Province of the Massachu-
setts Bay in New England, in General Court assembled.
The Petition of Josiah Parker of Cambridge on behalfe of bimselt'e and the Admin"".* of
Jacob Amsden late of s<J Cambridge deced.
Humbly sheweth '
That your Petf & the s'' Jacob Amsden in the year 1698. fermed the Excise in the
County of Midd^of the Commissioners appointed for ferming the same — And afterwards
agreed with Henry Cookery of Charlestown Alehouse keeper for the Sura of Three pounds
to be by him paid for his Excise for that year. After ^vhich, viz*, in November following,
the General Assembly past a Resolve and order That the s;i Henry Cookery, in respect of
sickness being deprived of the use of his Limbs & on other Considerations be abated his "
Excise upon his draught for the year ensueing and to be allowed unto the Fermer. So
that by virtue of the s^ Order did not receive of s<\ Coolvcry the three pounds Agreed to
be paid l)y him for his Excise as afores^ nor any part thereof — notwithstanding which &
the order afores^ the Treasurer refuses to make abatem' unto yo'' Pet;' of the s'' sum
out of the suih which yo^ Petf & s<i Jacob Amsden were to pay for the whole Excise of
the sd County of Midd-'y by them fermed as abovementioned —
Your Pet.r therefore prays That order may be given to the Treasurer to abate unto the
Petitf & sd Jacob Amsdens Adm^x the abovementioned sum of Three pounds out of what
is owing from them to the Treasury for the Excise by them fermed as aforesd
And your Pet: shall pray &c." — Mass. Archives, vol. Ill, p. 10.
The abatement to Cookery was by chapter 41 of the resolves of 1698. The foregoing
petition was read, first, in the House, on the seventeenth of October, and was concurred in
and signed by fourteen members of the Council on the next day.
The order "in Council* for the payment of this allowance was passed October 22, 1701,
and signed by fifteen members.
Chap. 80. This chapter is from council records, vol. VII., p. 257, and archives, vol.
101, p. 212.
The following is the petition referred to in the preamble to this chapter: —
" To y« Honb'e his Majt'^^ Councill and Rep'sentatives in Generall Court Assembled in
Boston. 23. fiebr. not :
The humble Petition of Christopher Hall of Atleburrough Is viz'.
That whereas yo'' petitioners ffather Xtoph»' Hall Deced had done seruice for ye Province
and yo'" petition^ his son and Administrato'' to his estate haueing obtained a Debenture to
y« value of ffifty shillings, and nine pence being for y« first payment of fiue pounds one
shilling & sixpence as appears in y« Comittees Book. And "by inevitable prouidence,
vizt by his house being burnt, and all most all that was in it, together w'i> said Debenture,
of which he had receiued thirty seuen shillings of Constable WoodCock but haueing lost
his Debenture by sd fire the Treasu"" will not discharge y Constable That yo"" Hono"
would be pleased to order y Comitte to grant him a New Debenture, y' so y Treasur'
and Constable may be discharged and he haue remaining part of his money due.
& he shall Euer pray. Christopher Hall." - Mas*.
Archives, vol. 101, p. 212.
* Executive Records of the Council, vol. 3, p. 262.
t Ibid., p. 261.
t Notes to chapters 30 and 60, ante.
§ Executive Records of the Council, vol. 3, p. 261.
706 Province Laws {Resolves etc.). — 1701-2. [Chaps. 81, 83.]
This petition was read, first, in the House, on the twenty-third of February, and was
concurred in and signed by fourteen members of the Council the next day.
The order in Council* for the discharge of Woodcock and the payment of the allowance
to Hall was passed February 24, 1701-2.
Chap. 81. This chapter is from archives, vol. 121, p. 108. It is recorded in council
records, vol. VII., p. 2-57.
On the twentieth of February, 1701-2, the General Court sat in convention in the council
chamber to hear the differences between several contestants relative to the building and
maintaining of the bridge over Taunton Great River. On the twenty -fourth th3 following
order, having been passed by the Council and sent down to the House, for concurrence, was
returned with the vote of concurrence thereon and was signed by fourteen members of the
Council : —
"Upon a full hearing, and mature Consideration of the Difference betwixt the Towns
of Taunton, Dartmouth, Little Compton, Tiverton, and Freetown, Within the County of
Bristol referring to the Charge of building the Bridge Newly erected over Taunton great
River, A Coniittee of this Court appointed to enquire of what use, and Benefit the said
Bridge is of unto the said Towns, and what Bridges they have in their own Towns and to
proportion the Charge of said Bridge to each of the said Towns having reported. ' That
the Aforesaid Bridge will be of very great iise, and Benefit to the Ptiblic, and in a Special
Manner to the Southern Parts, particularly to the Towns of Taunton, Freetown, Tiverton,
Little Compton, and the Chiefest part of Dartmouth, and proportioned one half of the
Charge of said Bridge to Taunton, and the Other half to be born by Freetown Tiverton,
Little Compton, and Dartmouth According to their proportions as they were Assest to the
Province Tax by the General Assembly at their Session in May Anno'l'W) '
Resolved and Ordered That the Charge of Building the Abovesaid Bridge be defreyed
one half thereof by the Town of Taunton, and the other half by the abovementioned Towns
of Freetown, Tiverton, Little Compton, and Dartmouth in proportion as abovesaid Accord-
ing to the Comittee report." — Council Records, vol. VII., p. 23 7.
Chap. 83. This chapter is from archives, vol. 70, p. 530. It is recorded in council
records, vol. VII., p. 259.
The following is an extract from the report, dated March 6, 1694-5, of Bartholomew
Gedney, Elisha" Hutchinson and John Phillips, appointed by the Lieutenant-Governor
and Council to view the public fortifications in and about the towns of Boston, Charles-
town, Salem and Marblehead,and to report what repairs were necessary " for their majes-
ties' service : " —
" for makeing the fortification Att marblehead serviceable we Judg it nessesarv that
the Brest worke be made to Run streight In Length sufiitient for seaven Guns with a
turne next the towne sufiitient for three Guns." — Mass. Archives, vol. 70, p. 230.
Whatever was done at Marblehead in accordance with this report was probably done
by the Commander-in-chief, in bis executive capacity, or by the commissioners for war,
since no vote of the Assembly authorizing an expenditure for this purpose has been dis-
covered. The subject of repairing the fortification at Marblehead was again brought to
the attention of the Legislature, by the representation to the Privy Council. f of the Lords
Commiseioners for Trade, January 19, 1700-1, upon the general subject of improving the
fortifications of the province, though not specially referring to the fort at Marblehead.
The following petition was the foundation of the present chapter : —
'•The Towne of Marblehead humbly supplicates The hon''.'e Lev^? Govern^ Councill &
Repressentatives &c. Dewly & Trewly to Consider off, and seasonably to provide for, the
mizerable decayed state of Theire Fortifications, and stores of Warr, (Perticularaccompt
of which hath bin already sent to the Comissary Gen") Prayeing well to Consider the
scituation & Accomodation of the Portt for ships & Martt of fflshery, (which his
Maj';," hath alwaise desired to Incouridge), And wee ffarther pray that noe 111 Repressenta-
tion may prevent the ffortifieing soe Comodious an InLett to the Danger of the province,
or to Damnify the Principall Manufactory of itt,
And your Poore Petition";' shall Ever pray &<;
Att a Towne Meetteing att Marblehead June 23 J 1701 @ Itt was ordered that the select
men signe this Pittition on behalfe of s^ towne
1 John Browne
John Staset
Bexja James
Richard treuet
George Jackson." — Ibid.,
p. 530.
This petition was first read in the Council, on the fifth of September, and sent to the
representatives. The next day, in the House, "The Qvestion being Put whether any
Allowance be made in Answer to the above Petition ? It Pass'd in the negative."]:
In the present session, however, the petition was again read in the House, and the resolve
■which constitutes this chapter was passed thereon and sent to the Council, for concurrence,
which was voted on the same day, and the resolve was consented to and signed by fifteen
members.
The following is the order in Council for the payment of this allowance, which, by the
province treasurer's accounts, § appears to have been duly paid: —
* Executive Records of the Council, vol. 3, p. 285
t See note to chapter 24. a7)te.
j Mass. Archives, vol. 70, p. 530.
§ /bid., vol. 122, p. 164.
Select men off
Marblehead
[Notes.] Phovince Laws (7?e.so?re.s- e^c.)- — 1701-2. 707
"April 23, 1703. AVlicreas tlio Great and General Court or Assembly at their Session
begun the Eighteenth day of February 1701 Granted Ihc sum of Forty pounds to be paid
out of the puijliclc Treasury, to the Town of Marlileiiead, towards the repairing of their
Fortifications and for stores of War, provided s;l Town advance and expend tljo sum of
sixty pounds more for the service aforesaid, so as to make tlie whole one hundred pounds.
A Certificato Ijeing presented, that the said Town have voted to disl>iirse sixty pounds
in the service aforesaid.
Advised and Consented. That a Warrant be made out to Ml Treasurer to pay the above
mentioned sum of Forty pounds unto Capt^ Edward Brattle and Capt- John iBrowne, or
one of them, Commissioners appomtcd to disburse and lay out the same in the service
al'oresaid." — Executive Records of the Council, vol. .'>, p. 430-
Chap. 84. This chapter is from council records, vol. VII., p. 259, and archives, vol.
40, p. 728.
The particulars of the offence and sentence of Daniel Wilcok and of the satisfaction of
his tine have been given in chapter 80, 1700-1, and note. See, also, note % OQ P- 8, ante.
The petition mentioned in the preamble to this chapter is as follows : —
'• To the Honbje the Council and Representatives of his Ma'y^ Province of the Massa-
chusetts Bay in New England in General Court assembled, Feb7 1701/2.
The Petition of Samuel Gallop Sheriffe of the County of Bristol
Humljly Sheweth
That Daniel Wilcox of Little Compton in the County aforesd being indicted and found
guilty of high Misdemeanour at his Ma'ys Court of Assize and General Goal Delivery held
at Bristol for the s^J Count,\- of Bristol the last Tuesday of August 1693. was by the
si Court ordered to pay for his s^ Offence, as a Fine to his Maty one hundred and fifty
pounds in money and to find sureiys for his good behaviour &c, and to stand committed
until the sij sentence were performed, which s^ Wilcox was accordingly comitted to the
custody of your Petitioner and afterwards by reason of the insufficiency of the Goal in s"*
County and for that divers evil minded persons had given out speeches of their intentions
to procure his Escape, your Pet"; received a Warrant from the rionb'e Wm Stoughton
Esq^ then chief Justice of the s'i Court of Assize, pursuant to an Order of the Governour
& Council, to remove the sd VViicox to his Ma'y* Goal in Boston there to be safely kept
until he should perform the s"^ sentence. In obedience to which Warrant your Petitioner
was conveying the s<i Wilcox to Boston, but notwithstanding your Petr used his utmost
care and diligence to keep the s' Wilcox safe, he made his Escape whilst he was bringing
down, and got over to Riaode Island, where he was sheltred and protected by that Govern-
ment—During which time your Petitioner made several Journys to Rhode Island and
other places to endeavour tlie recovering of the s^ Wilcox into custody again and in so
doing (altho he could never effect y" same) was at sundry charges andExpences, amount-
ing to the sum of Ten pounds or thereabouts.
Forasmuch therefore as the s'l Daniel Wilcox hath now satisfied the Fine aforesaid, by
granting & making over to the Province (agreable to a Resolve of y« General Court)
several parcels of Land that were belonging unto him in consideration whereof the
s5 Court hath by their afores<J Resolve ordered that he be discharged from the s^ Fine.
"Your Petitioner therefore humbly prays this Honbje Court that he may be reimbursed
by an order upon the Treasurer, the charges & Expences he was at as aforesd in
endeavouring the recovery of the sij Wilcox after he had made his Escape as before
mentioned, and that such further allowance may be made to your Petf in consideration
of his extraordinary trouble in that affair, (besides his charges & Expences afores^) as
this Hontiie Court shall think fit
And yo'^ Petitioner, as in duty bound shall ever pray &c
Sam^'' Gallop." — 3/asj.
Archives, vol. 40, p. 727.
The petitioner also filed the following account : —
" Here ffolloweth an Accom" of the Desburstments of Saml' Gallop sherriff of the
County of Bristol! about Daniell Willkocks Which was acasoned hj s* Wilcoxs his Escape
from sd sherriff in y® year 1693
£ s d
Impi"* To a Jurny to Little compton in October 1693 to Look after him . 0-12-0
To another time in December 1693 to Look for him 0-13-0
To a Jurny in march 1695 Where I Lay hid to waite for his Coming I was
gon from home Just a week on no other bisnis 1-12-0
To a Jurny to newpourt in March 1696 to Demand him of y« Gouer"" . . 0-18-0
To a Jurny to Boston in March 1696/7 to petion y^ honorable Lef ' Gouer &
Counsell & hous of Representatives for fauer for a time Whilst he mite be
Taken mony time & Expences 3-12-0
To two Jurnys to newpourt to complayne to y" Earl of Bellomont when my
Lord was there in Sspteraber 1699 : 4 Days in all 1 _ 04 - 0
besides the may* Treatyes which I have had with Diuers persons To be
assisting to me in Taking of him the said Wilcocks 3-00-0
A True account p'" Sam^''' Gallop." — Ibid.,
p. 729.
The above petition was read in the House on the twentieth of February, 1701-2, and,
together with the account, was referred to the committee on petitions, who made the fol-
lowing report : —
• Sic: many?
708 Province Laws {Resolves etc.). — 1101-2. [Chaps. 87-92.]
"The Coiuittee appointed to Consider of Captn Sam'i Gallops petn and his ace' of
Exspence, in yt affair.
Their Report.
Viz : wo spake with ye s<} Gallop, and discourced of ye severall head, or articles in his
acct of charge, and in fine we are of opinion j\ the whole thereof namely Eleven pounds
and ElevL-n shillings be payd him out of y« piiblick tresurey so soon as there is a supply
put thereintoo in full for his s<i care and trouble,
ffeb: 23d 1701/2 ' J.ui? Converse." — 76ji.
On the same day the House passed the resolve which constitutes this chapter and sent
it to the Council, for concurrence, where, on the twenty-fourth, it was concurred in,
consented to, and signed by fourteen members.
The order in Council* for the payment of this allowance was passed March 18, 1701-2,
and by the province treasurer's accountsf it appears to have been duly paid.
Chap. 87. This chapter is from council records, vol. VII., p. 261, and archives, vol.
62, p. 399.
The petition mentioned in the preamble to this chapter is as follows : —
" To the HonWe the Council & Representatives of his Ma'y Province of the Massachu-
setts Bay in New England, convened in General Assembly Feb";/ 1701
The Petition of Samuel Lillie of Boston Merch'
Humbly sheweth
That the Briganteen Mary, Samuel Hunting Master (of which your Petitioner was
owner) being bound in to the s^ Port of Boston from the Bay of Campeachy laden with
Loggwood, on the ZV> of January last was cast away upon the rocks lying before Marble-
head, and the Vessell & great part of the Loading on board the same thereby lost, but
some part of the sd Loading (VizJ of Loggwood) hath been, with considerable charge and
Expeuce, recovered and saved —
Your Petitioner therefore humbly prays this honbje Court, That the duty of Impost
payable by the Act of this Province for such of the said Loggwood as is or shall be saved
may be abated and that order may Ije given to the Commissioner & Receiver of the s<*
Dutys of Impost to abate the same accordingly
And your Pef shall ever pray &c." — Mass. Archives, vol. 62, p. 399.
The order which constitutes this chapter originated in the Council, and was passed by
both branches and consented to and signed by fourteen of the Council, on the same day.
Chap. 88. This chapter is from council records, vol. VII., p. 261, and archives, vol.
11, p. 165.
The petition mentioned in the preamble to this chapter is as follows : —
" To the honourable Councill & Representatiues assembled in Generall Court
May it pleases your honours to be informed yt by Cap' VVintworth I received for the
use of the french Church three hundred pounds vahie sterl in European Com'y^^t ^^ the
gift of his Majesty, hitherto it has been transacted free of all dues to privat men thro,
whose hands it hath passed, Now my humble request to yo~hon'"3 is yt the smal custome
due to his Maj'-*""^ Government here may be remitted. I humbly pray yo'* hon's pleasure
may be known by to.'' Thomas Newton whom I haue desired to present this pa^P to yo~
hours lam Yo" honours most respectful! & obedient servant
Camb. 24* 8bri701. F. Foxcroft./.
m' Newton pray take a fitt occacon to pi'sent my request to the Councill & know w*
answer lam yo~ servant fp ff." — Mass.
Archives, vol. 11, p. 165.
The order which constitutes this chapter originated in the Council and was passed by
both branches and consented to and signed by fourteen members on the same day.
Chap. 90. This chapter is from archives, vol. 101, p. 216. It is recorded in council
records, vol. VII., p. 265. See resolves, 1699-1700, chapter 21, and note, and 1700-1,
chapter 49, and note.
This resolve originated in the House, and was passed by both branches, and consented
to and signed by " fourteen or more " of the Council, on the same day.
The following is an extract from the oi'der in Council for the payment of this allow-
ance : —
" March 18, 1701-2. To each one of the late Committee appointed to receive claims of
and grant Debentures upon debts contracted by the Publick in the time of the Govern-
ment of Si Edmund Andros (namely, Peter Sergeant Esq^ John VValley Esqn"?,
Mr Jacob Green, MiFrancis Burroughs and Ml Joseph Parson) the sum of Twenty
pounds as a further and full compensation of their service in that aflFair." — Executive
Records of the Council, vol. 3, p. 292.
Chap. 91. This chapter is from council records, vol. VII., p. 265. It has not been
found in the archives.
The order in Council* for the payment of this allowance was passed March 18, 1701-2,
and the payment is duly charged to Brenton in the accountsf of the province treasurer.
Chap. 92. This chapter is from council records, vol. VII., p. 265, and archives, vol.
40, p. 719.
* Executive Records of the Council, vol. 3, p. 293
t Mass. Archives, vol. 122, p. 170.
t Commodities.
[Notes.] Province Laws {Resolves etc.). — 1701-2. 709
The petition mentioned in the preamble to this chapter is as follows : —
,,,,„„ i,„„„ff„ T5^v ) To the great & Gcnerall Court or Assembly Sitting in
^n^Aw S.,»r^^^ Boston bv Adjornm^ July 30". 1701. In the i:5'" Yeare of
In New England | bis Maj'^-Reigno-
The i'etition of Anthony Checkley.
Humbly Sheweth
That In June 1(389= Tlic Gou^' Councill tSc Reprcsentatiuos of this province Chose your
petitioner Atturny Generall In behalfe of King \yilliam tSt Queen Mary In which place &
Station I haue Continued to this day, haueing bin Coiilirmed in S'' \Y'» Phipps his time,
by A new Election & An Ample Comition Vnder the scale of the Province, And Since
that by liis Excelcncy the Earle of Belloraont his proclamation & Aprobation, I haue
Indoaiioredto haue A distinct Vnderstanding of the pleas of the Crowne, & in all Cases
to do Right betwixt the King St. his Subjects without Respect of Psons or Sinister ends.
So that non Can tax me wV' misdomcno'' And I hope their hono's the Judges will Justifie
me. But I haue bin & still am Vnder Insuportable discouragments
1= I neuer Could know what was my duty, — What I Should doe, nor
2= I neuer Could know what was my due — What I must haue which I humbly think
Should haue bin Setled by the law, All other ofllcers know their power duty & dues by
the law, but Relating to the Kings Atturny the law is Silent, By which Taciturnity the
minds of the hono'l)ie legislators seems to bo that there is no need of Any Such Ollicer,
Although he had his first being from the Gouernor Councill & Represeutatiues, by their
Election, at a time when they neither had Such A Pticuler order nor Such an Ample
power for the Constituting An Atturny Generall for the king as now they haue —
Vnder the:^e discouragm''* I haue labored for aboue Twelue Years, I haue neuer had
Any Compensation but what I haue obtained by beging. The last time I l)eged was the
13th of March 1699= And the hono'ble Court Allowed me for fower Years then past Sixty
pounds which is Imt fifteen pounds t> Aniim, which hath not I)in A Sufficient Recompence,
for my Care, troble, Expence, & disadvantage In the Execution of this Office, I haue not
Receiued So much as I haue nessesarily expended, And haue had Nothing for my Care &
troble, Besids my disadvantages haue bin great which I pray the honored Court to Con-
sider
1= By my being the Kings Atturny I haue bin wholly Impeaded & hindered from
defending Any •i?son Informed against for the breach of Aiiy penall Statute nor Could I
euer be Councill to Any Accused of Any Crime, Although I haue not bin admitted to
■Psecute the Offenders, but Others at the Choyce of the Informer, or the Complainant,
haue taken my buiseness from me, & I stand like mum Chance, This hath bin A great
loss & damage to the Kings Intrest, as well as to my disaduantag
2= This Office hath Allways Obliged me to A Redy & Constant Attendance Vpon y«
Gen'' Courts & Councills & other Courts when they haue Called me, So y' I must leaue
all other buisenes to Attend them
My humble prayer to this great & generall Court or Assembly is, That you will take
the matters & things beforementioned Into your Serious Consideration, I had my being
from yo'' Election, you are mv ffather. And I Am Pswaded yo'' Singling me out of all yC
Children in this prouince, to that honorable place was A mark of yc fauor, And that you
Intended I Should both doe & Receiue good therin & therby — As I do not desire to be
Inriched So I pray I may not be Impouerished by the place — left me not be A looser
therby, I pray for Some Competent Satisfaction for what is past And for y<= time to Come
that I may know what I must doe & what I must haue, I Am willing to Serue you If you
do not Starue me. I Am your Obedient & faithfull Servant —
Anthony Ciieckley." — Mass.
Archives, vol. 40, p. 718.
This petition, though addressed to the Assembly at the July session, was first read in
the House, on the twenty-fifth of February, and "on the next day the House passed the
resolve which constitutes this chapter and sent it to the Council, where it was forthwith
concurred in and consented to and signed by fourteen members.
The order in Council* for the payment of this allowance was passed March 18, 1701-2.
Chap. 93. This chapter is from council records, vol. VII., p. 266, and archives, vol,
70, p. 543.
The petition mentioned in the preamble to this chapter is as follows : —
" To the Hon'." his Majts Councill, and asemblye, conveand In Gen'J Court, at Boston
in this his Majt'" province of the Massatusets Bay in New-England, Octj 15':'' 1701
The petetion of John Wilson of Billerica in the County of Midd'f in ye province afors^
Ilumblye sheweth,
That your petetion."" did the last yeare, viz : in the yeare seventeene Hundred, prefferr a
petetion to this high and Honou'e Court, for allowance in matters wherein he had bin in
disburse for yf publick about Eight or nine years agon, when he was L*. vnder Captp Ja :
Converse, in his Maj's service Eastwd and in the s^ petetion yf matter is set forth more
perticulerly, and not haueing any friend at Court yt knew how the matters were circom-
stanced, the Hond Coniittee had not the right vnderstanding thereof, but now my aforsd
Captn being a member of the Honou'e hous of Representetiues, I doubt not but he will
be willing to Informe your Hon^ yf thef truth of those things mention^ in my s^ petetion
I do now pray, for a Reconsideration of my Case, Refi'ering yottr Honr^ to my s^ pete-
tion, and my afors'' Cap'^ Information, and I doubt not of a gracious answer, — so shall
your petet.r Ever pray &:c Johx Wilson." — Mass.
Archives, vol. 70, p. 543.
The former petition referred to by Wilson is printed in the note to resolves, 1700-1,
•chapter 70.
* Executive Records of the Council, vol. 3, p. 293.
t Sic.
710 Peovixce Laws {Resolves etc.). — 1101-2. [Chaps. 95, 96.]
The resolve which constitutes this chapter originated in the House on the twenty-fifth
of February, and on the next day was passed by both branches and consented to and
signed bv fourteen members of the Council.
The oi-der in Council* for the payment of this allowance was passed March 18, 1701-2,
and the province treasurer's accountt contains an entry showing that it was subsequently
paid accordinsr to order, — both allowances amounting to ten pounds.
Chap. 95. This chapter is from archives, vol. 101, p. 215. It is recorded in council
records, vol. VII., p. 267.
At the opening of the last session this year the Council formally addressed the House,
as follows : —
" Feb. 18, 1701-2. Gentlemen The probability of a rupture betwixt the Crowns of Eng-
land, and France, which was expected would have happened before this Time, And by
the late Intelligences Seems to be hasting forward, Urges the Necessity of malung all
Suitable, and early provisions for the Safety, and Defence of the Province, particularly,
for the Compleati'n? of the Fortifications begun on Castle Island, which is the Chief,
and Principal matter we have to recommend unto Your Consideration . . ." — Council
Records, vol. VII., j}- 254.
On the twentieth a resolve was sent to the Council from the House containing, besides
a clause empowering the committee for the Castle to exchange the bills of credit for
■ " monev," the provisions of this chapter, except the clause for sending to Colonel Homer,
the clause charging the arrears of impost and excise, and the order to the treasurer for tiva
hundred pounds in money. This resolve was i-ead at the Board, and the consideration
' thereof " referred to a further day." On the twenty-fourth the Council voted to reject the
clause empowering the committee to exchange the bills for money, and sent the resolve,
thus amended, to the House, lor concurrence. On the twenty-sixth the resolve was passed
and sent to the Council in the form in which it appears in this chapter. The Council
passed it, in concurrence, and it was consented to and signed by fifteen members.
The clause for sending to Colonel Romer is explained by the following entry : —
« March 9, 1701-2. Pursuant to a Resolve of the General Assembly at their Session in
February last, that Col. Rom^r be timely sent to, to afford his assistance for the carrying
on and compleating the Fortifications on Castle Island.
Ordered. That a 'letter to the si Coll Romer his Majty'a Engineer (now residing at New
Yorke) be drawn up and sent him desiring and expecting on his Maj'y's behalfe that he
speedilv return to this Province, to assist and direct in the going forward with and com-
pleating of the said Fortifications by him begun on Castle Island aforesaid.
Also'Ordered. That a Letter be written to Lieut* Gov£ Nanfan, Commander in Chief
of his Majty'-* Province of New Yorke, aciuaiqting him of the Import of the said letter to
Col. Romer and desiring that he may be permitted to come hither for the finishing of the
said Fortifications, his Majty's service requiring the same.
And, letters to the si Lieuti Gov£ Nanfan and Colo Romer being accordingly drawn
up, were severally signed bv all the Members of Council present at the HozixCl." — Exec-
utive Records of the Council, vol. 3, p. 2SS.
Orders were passed in Council for the payment to Thomas Brattle, as follows : five hun-
dred pounds, March 27, 1702 ;t five hundred pounds, August 6, 1702;§ and the remaining
five hundred pounds, November 5, 1702. ||
Chap. 96. This chapter is from archives, vol. 70, p. 548. It is recorded in council
records, vol. VII., p. 268.
The memorial referred to in this chapter is as follows : —
*' To the Hon'ij' his Map'' Council Seting in Boston ffeb^ 18. 1701.
The Memorial of Elisha Hutchinson Capf of his Maj^" Castle on Castle Island near
Boston ^ . , . i u
I being by my Instructions Required to give yo' selus spedy notis of what may be
necessary for his Maj^t service, and being Enformed that when tbe work now in hand is
fully Compleated, yo'' Hon's intend; one hundred pieces of Ordnanc to be planted there,
of w^h Ninety are at the Castle, The work being so much Enlarged its absolutly necessary
to Reinforce the Garison w'h a sufflciant Number of able men, and that there be sutable
Baricks, as wel as provision & amunition
Imp'- The standing Garison should consist of at least one hun'-'J & twenty able men
2. That three hundred more Matrosses, be listed undor proper officers to attend the
service at the Castle one day every weeke, until they be Instructed to know their busines,
and aftorwards to attend one day in Each month in the sumor when Required.
3. fifor small shot men, its needful! to have fouer hundred Muscaters with sutable offi-
cers, to defend the Lines stockados & shore, to attend one day Each month m the sumor
when Requii-ed, that Each Comp* may know their proper post & busmes in time of
action. , ^ ^ ,■ ,
4. The 700 men aboue s^ undi- their proper officers, are upon the first notis of an
alarme, spedily to Repaire to their CoUours & Coinandors, to be transported to y« Castle
with out Exspecting any further ord" from superior ofl^cers.
5. not less then one hundred barels of poudor, to be at y« Castle.
* Executive Records of the Council, vol. 3, p. 29.3.
t Mass. Archives, vol. 122, p. 169.
\ Executive Records of the Council, vol. 3, p. 296.
§ Ibid., p. 357.
f( Ibid., p. 382.
[Notes.] Province Laws {liesolues etc.). — 1701-2. 711
6. not loss then ono months provision for a thousand men.
7. Somo fireworks may be provided to convoy on board the Eaemys ships, if they
attempt to pass y Castle.
8. Besides the Ruard house that is intended theire oujjht to bo a good dwelin? house
for the officers that may lie scut tliither, and other shelters to icecp the souldiers from tho
weather, and those within tiiu' ti)rte to 1)3 repaiered, also a storehouse for provision, & a
couvouiant roomo for IJngg* barels. Elisiia Hutchixson." — Mass.
Archives, vol. 70, p. 547.
This memorial, having been read in the Council, was, on the twenty-fifth of February,
" ordered to lie sent down to tlie House of Ilepresentatives, by Elisha Cooiio, Ponn Town-
send and Nathaniel Byfield," with another message. On the twenty-seventh the House
returned the memorial to the Council, with the order thereupon which constitutes this
chapter.
The Council thereupon passed the following resolve : —
"March 27, 1702. Resolved. That the Garrison at his Majo's Castlo on Castle Island
be made up one hundred and twenty effactive men, besides the Commission and War-
rant Officers; And that Warrants of Impress be made out for tho detaching of one
hundred able Souldiers for that service, out of the several Regiments of Militia here-
after mentioned in proportion following, vizj
Out of the South Regiment in the County of Suffolk, under the Command of Colo
Nicholas Paige, fifteen.
And warrants of Impress being drawn up accordingly, were signed by fourteen (or
more) of the Members of Council present at the Board." — Executive Records of the
Council, vol. 3, p. 294.
On the next day the Council passed the following additional resolve : —
" March 28, 17b2. Resolved. That to the intent there be a suitable number of men trained
up and instituted in managing and traversing tho Great Ordnance at his Maj'y'^ Castle
on Castlo Island, who, being knowing of their duty, may be the better fitted for defend-
ing the same in case of an attack by an Enemy, there be inlisted out of the two Regiments
of Militia in the County of Sutfolke, Sc the lower Regiment of Militia in the County of
Middlessex three hundred able Souldiers, imder proper Officers vizt one hundred and
twenty of the Regiment under command of C0I2 Nicholas Paige ; eighty of the Regiment
under command of Col. Elisha Hutchinson, & one hundred of the Regiment under Com- A
mand of Colo John Phillips.
And that orders be given to the si respective Colonels to inlist the number of souldiers
abovementloned for the service aforesaid under proper Officers, and to see and take care
that upon an alarm from the s'l Castle they forthwith repair to the same for tho enforce-
ment and defence thereof, and that at certain times to be appointed they also repair
thither to be exercised & Instructed in managing and traversing tho ordnance and other
parts of their duty in case of an attack.
And, orders to the s'} respective Colonels being drawn up accordingly were signed by
fourteen (or more) of tho Members of Council present at the Board." — Ibid., p. 297.
During the session in August the House had, by resolve, sent to the Council certain pro-
posals, one of which was as follows : —
" proposed that the fortification at Castle Island bo Carried on with all Expedition & that
there be Suitable accomidation for Stores of warr & Comfortable Subsistance of officers &
Souldiars & y' a sufficient sutable Numb"" Constantly attend there & be trayned up for y'
seruice : And also ready for defenc upon any assault soo many Listed yt shall attend ye
Capt£ order upon j'o approach of an Enemy upon ye first notification." — Mass. Archives,
vol. 4S, p. 342.
This proposal was reenforced by a memorial to the Council from Elisha Hutchinson,
the record of which (and of the Council's action thereon) is as follows : —
" Sept. 6, 1701. A memorial of several things wanting at his Maj'y'^ Castlo on Castle
Island, being laid before the Board by Elisha Hutchinson Esq™ Captain of tho s;l Castle,
was read, and an order thereupon made out and signed by sixteen of tho members of
Council present at tho Board, directing tho s^ Captain of the Castle to procure tho several
things in the s^. memorial mentioned, and to lay before the Board an accompt of the
charge thereof, that pavment for the same may be ordered." — Executive Records of the
Council, vol. ,3, p. 243.
Chap. 97. This chapter is from archives, vol. 70, p. 549. It is recorded in council
records, vol. VII., p. 268.
This resolve originated in the House, and was passed by both branches and signed by
"fourteen or more" of the Council the same dav.
The following resolve was passed by tho Council on the eighteenth of March, 1701-2 : —
"Pursuant to a Resolve of the General Assembly at their Session in February last, for
the purchasing of one hundred barrels of Gunpowder, in addition to tho present stores,
and referring it to the Council to take care to procure the same.
Resolved. That Elisha Cooke and John Walley Esq^f with M: Treasurer Taylor for-
merly appointed a Committee for that purpose, be and hereby are directed and impowred
to treat and agree for the purchase of the said one hundred barrels of Powder at the best
rate they can." — Executive Records of the Council, vol. 3, p. 289.
* Sic: budge.
12 Province Laws {Besolves etc.). —1101-2. [Chaps. 98-107.]
The committee purchased of Peter Sergeant ei?hty-eight barrels of gunpowder, for
which the Council, on the twenty-eighth of April, 1702, issued a warrant, signed by four-
teen members present, upon an order* passed that day, for the payment of four hundred
pounds, part of the price of the powder. See resolves, 1700-1, chapter 82, note.
Chap. 98. This chapter is from archives, vol. 40, p. 730. It is recorded in council
records, vol. VII., p. 269.
The order in Councilf for the payment of these allowances was passed March 18, 1701-2,
and the warrants were signed by all the members of the Board present.
By the treasurer's accountt it appears that SafHn received fifteen pounds, as his propor-
tionate compensation " from the time of his receiving his commission, which was in
August."
Chap. 99. This chapter is from archives, vol. 48, p. 350. It is recorded in council
records, vol. VII., p. 269.
The order in Council} for the payment of this allowance was passed March 18, 1701-2.
Chap. 100. This chapter is from archives, vol. 48, p. 349. It is recorded in council
records, vol. VII., p. 269.
The order in Council} for the payment of this allowance was passed March 18, 1701-2.
Chap. 101. This chapter is from archives, vol. 70, p. 550. It is recorded in council
records, vol. VII., p. 269.
The order in Council} for the payment of this allowance was passed March IS, 1701-2,
and the province treasurer's accounts|| show that the same was paid according to order.
Chap. i02. This chapter is from archives, vol. 70, p. 551. It is recorded in council
records, vol. VII., p. 269.
The order in Council^ for the payment of this allowance was passed March 18, 1701-2.
For the original appointment of this committee, see resolves, 1700-1, chapter 85, and
note. Their commission from Bellomont was not limited as to duration, and hence the
^ request that they disburse the additional grants of the Legislature. See chapter 30, ante,
9 to the original draught of which, the second paragraph of the present chapter was appended
as follows : —
" And that the Committee be Desired to Proceed in that Affair, who are hereby Impow-
ered to Direct the laying out the money further granted this session for fortifying the
Castle, for Barracks, and other necessary Buildings, for Lodgings and Stores.
Ifriday 27'-'' feb'y 1701." — Mass. Archives, vol. 70, p. 399.
Chap. 103. This chapter is from the original in the Leffingwell collection of manu-
scripts sold in 1891. It was numbered 3716 in the sale-catalogue of Charles F. Libbie &
Co., auctioneers. It is recorded in council records, vol. VII., p. 270.
Chap. 104. This chapter is from archives, vol. 101, p. 217. It is recorded in council
records, vol. VII., p. 270.
For the settlement of Bogle's claim see resolves, 1702, chapter 57.
Chap. 105. This chapter is from archives, vol. 70, p. 552. It is recorded in council
records, vol. VII., p. 272.
Chap. 106. This chapter is from archives, vol. 11, p. 165. It is recorded in council
records, vol. VIT., p. 272.
The proclamation under this resolve was issued on the ninth of March, 1701-2, and record
made thereof as follows : —
" The General Assembly at their Session in February last, having past a Resolve, that
a day of publick Prayer with Fasting be appointed throughout the several Towns of this
Province, and that the Council appoint the time and assigne the occasions thereof.
A Proclamation was accordingly drawn up by direction of the Board, appointing
Thursday the second of April next to be solemnized as a day of publick Fasting with
prayer, and assigning the occasions of the same.
Which Proclamation was consented to and signed by all the Members of Council pres-
ent at the Board." — Executive Records of the Council, vol. 3, p. 288.
Chap. 107. This chapter is from council records, vol. VII., p. 272. It has not been
found in the archives.
* Executive Records of the Council, vol. 3, p. 305.
t Ibid., p. 291.
X Mass. Archives, vol. 122, p. 165.
§ Executive Records of the Council, vol. 3, p. 293.
fi Mass. Archives, vol. V22, p. 169.
IT Executive Records of the Council, vol. 3, p. 292.
i[NoTES.] Province 1j\\\ a (Resolves eUc). — 1702. 713
1702.
Chap. 1. This chapter is frora council records, vol. VII., p. 276. It has not been
'found in the archives.
The proceedings upon the tidings of this demise of the crown are thus recorded in the
executive records of the council : —
"May 28, 1702. Thomas Hurrinffton Master of a Vessel belonjrinc: to the Port of
Boston arriving this morning from the Island of Newfoundland and l)ringing with him
the London Gazette and several other Prints, Papers and letters, confirming the sorrow-
ful and awful tidings of the death of our late Soveraign Lord King William the Third of
blessed memory on the eighth day of March last, asalso the IntelligL-nce of the happy
accession of the high and mighty Princess Anne of Denmarlc to the Imperial Crowns of
England, Scotland, France and' Ireland (which had been more uncertainly reported
several days since from divers parts beyond sea).
The s^ Gazette, Prints and papers were read at the Board, and the Council thereupon
tooke into consideration, what is necessary to be done on this occasion, and upon debate
thereof Resolved. That it's necessary for the Administration of the Government, that
her Majty Queen Anne be fortliwitli proclaimed, and that the House of Representatives
now sitting, be made acquainted with the s'LIntelligences, and the Resolve of tlie Council
thereon, and that their advice and concurrance therein bQ. desired —
And a Message was accordingly sent to the house of Representatives by Elisha Cooke,
John Hathorne, Samuel Sewall Esq^i and the Secretary ; who acquainted the Board that
they had delivered the s^ Message and that the House would take it into consideration.
After some time, Capt" Samuel Legg and several other Memliers of the House of Rep-
resentatives brought a Message from that House, that the House concurred with the
Board in their Message sent them for proclaiming of her Roj'al Majty Queen Anne.
Then the following order was drawn up, read, agreed to and signed by twenty of the
Councellors present at the Board, vizt
Whereas the sorrowful and awful tidings of the death of our late Soveraign Lord King
William the third of glorious memory and together therewith the intelligence of the happy
■accession of the high and mighty Princess AVane of Denmarke to the Imperial Crowns of
England, Scotland, France and Ireland have several dayes since been uncertainly reported
to us bv letters and otherwise from divers parts be.yond sea, and have this day been con-
firmed by several Prints arriving to us from England by the way of Newfoundland ; as by
the London Gazette from Thursday March the 6^]} to Munday March the 9^^ 1701. wherein
is contained the Proclamation of the R' Hon'ile the Lords spiritual and Temporal of the
Realm of England, Given at the Court at S' James's the eighth day of March 1701, pub-
lishing the s^ high and mighty Princess Anne to be Queen of England, Scotland, France
and Ireland Defender of the Faith &ci — as also, by the humble address of the Right
Hon'2le the Lords Spii-itual and Temporal in Parliament assembled of the 8^} of s^ month
of March presented to her MajLi: on the 9tj} of the same, and her Majesty's most gracious
answer thereto ; and Iiy her Maj'J'^'most gracious Speech to both houses of Parliament
on Wednesday the 11^]} of the same Month, and by several other prints, papers and
letters.
Ordered therefore. That the several persons newly chosen Councellors or Assistants for
this Province do take the oath of Allegiance to her Said Maj^ Queen Anne.
And further Ordered. That the aforesaid Proclamtn of her s^ MajS to be Queen of Eng-
land, Scotland, France and Ireland, Defender of the Faith &C2' be published in Boston
to morrow in most suitable manner for such a solemity. The House of Representatives
now sitting, having been advised thereabout and signified their concurrance therein." —
Vol. 3, p. 311.
" May 29, 1702. The following Resolve being drawn up by direction of the Board, was
read, agreed to and signed by eighteen of the Members of Council present at the same,
vizt
Resolved. That in pursuance of the order of this Board of yesterday the Proclamation
of the high and mighty Princess Anne to be Queen of England, Scotland, France and
Ireland Defender of the faith &ci be published at three a clock afternoon the afores^ order
first to be lead and immediately after, the si^ Proclamation, and then her MajV^'Royal
Proclamt_ri for the continuing of Officers, and this to be performed liy the Secretary,
attended by the high SheriflFe of the County of Suffolke, mounted on Horseback, who is
audibly to pronounce the words received from the Secretary, at the Eastern end of the
Townhouse before the Gallery, where the Regiment of Militia of the Town of Boston is
to be drawn up in a proper figure, the Members of her Maj'v'^ Council and the Represent-
atives now sitting attended with the Ministers, Justices of the Peace, Gentlemen and Mer-
chants, to be received within the Guard. And after the said publication made, the sd
Regiment to discharge three Vollies, and then the great Ordnance to be discharged at her
Majty's Castle by a signal to be given them from the hill, and immediately after the same,
the ordnance at the South and North Batterys to l)e also discharged; and after that the
Ordnance on board her Majty's ship and other ships now in the harbour." — /6/rf., ;j. 314.
" May 29, 1702. According to the Order of the Board, the Proclamation of her Royal
Maj^' Queen Anne, was made and published in manner as directed by the s^ order, and
attended with acclamations of Joy." — Ibid., jj. 315.
Sewall adds a few particulars in the following entry in his diary : —
" May, 28. [1702.] Burrington from New-found-Land brings Prints of the King's death
March, 8. at 8 m. Queen's Speech to her Lords at S^ James's. Lords Spiritual and Tem-
poral, their Address; Queen's Speech to the Parliament; Several Addresses; and at last
the Gazette containing the Proclaiming the Queen, came to Hand: Then we resolv'd to
proclaim her Majesty here : Which was done accordingly below the Town-house. Regi-
ment drawn up, and Life-Guard of Horse ; Council, Representatives, Ministers, Justices,
714: Provixce Laws {Resolves etc.). — 1702. [Chaps. 2, 3.]
Gentlemen taken within the Guard ; Mr Secretar.y on foot read the order of the Council, the
Proclamation, and Queen's Proclamation for continuing Coinissions. Mr. Sheriff Gookin
gave it to the people. Volleys, Guns. . . . Proclamation was made between 3 and 4. . . ."
— Vol. II., p. 56.
It seems by the following further memorandnm by Sewall that, in the procession, on
this occasion, the representatives, probably for the first time, took precedence of the
clergy : —
"June, 1, 1702 . . . Had much adoe to persuade Mr. "Willard to dine with me. Said
Ministers were disgusted because the Representatives went first at the Proclaiming th&
Queen ; and that by order of our House. ..." — Ibid., p. 37.
Chap. 2. This chapter is from council records, vol. VII., p. 279. It is preserved in
archives, vol. 40, p. 732.
Chap. 3. This chapter is from archives, vol. 70, p. 554. It is recorded in council
records, vol. VII., p. 280.
In the following entry Sewall gives the date of the action of the committee appointed by
this order, and describes his unpleasant experience on that occasion : —
" June. 10. 1702. CoSittee Tryes Powder, and firing so much and long distempered
me; . . ." — Diary, vol. II., p. 57.
The order which constitutes this chapter originated in the House of Representatives op
the second of June. Before the committee began their examination of the powder,
Captain Timothy Clarke made the following statement, apparently to the committee : —
" Sometime towards the lattereand of march last his Honor Dochr Cook : told me that
the Cuntrey had bought or ware to haue fifty barels of mr Sergents Powdar — which was
in y fort and being vndar my Charge he desyared me to goe to the fort with mag"' Walley
and himselfe — to make Choyse of the same I askt him w' thay gaue he told me he must
nott tell I told him I had some to sell/ yt Came with mr Sergents from London bought by
the same man — he told me prhaps thay might by mine If good or the like : for thay ware
to by I think one hundred barels — / I told him I woikI wayt vpon him soe we mett att
mag'" Walleys — with mr Sergent and after some discorse mag' Walley Proposed yt I
should putt by fifty barels out of the persell which — was Eighty Eight barels which I
Refused to doe and dock'' Cook vtterly Reieckted yt motion — / whither we went yt time
to y<= fort or nott I am nott Posative bu.tt thay desyared me yt I would take sampels of
'Some of them in papars — and bring to them for tryail whare we appinted as I Remem''
— to mete att mr Palmers which I promised them to d03/ soe I went and borrowe'' a Pow-
dar Proofe of mr farelou ;* who told me yt good — Powdar would Rayse yt Proofe fore-
teene Nochis which is about 90'! I went to m^ Thomas downe and desyared of him some
good Powdar I told him the ocasion he gaue me some from thens I went to y^ fort and
opened and boared seavarall Caske of Powdar — as thay desyared — I suppose tenn: or
more and Putt the sampels in Papars — In doeing of which I found a persell as I Rememr
— about five barels stud Nigh: together which to the best of my Judgment was Rotten
with age and nott fitt for servis I took : some samppels of them with some of the others of
the better sort and went to the town house whare I mett dock^ Cook : magi^ Walley and
mr Sergent I think altogether — we went to mr Palmers and when we Came to the dore I
told mag'' Walley or dock^ Cook : that some of the Powdar was good for Nothing or veary
bad vnfitt for servis and when we Came into the house I told the same Privately to : mV
Sergent and showed him some sampels of itt he semed to me to be of my opinnion : about
thebadnes of itt and sayd he would Putt it by — we tryed the Rest in the Proofe : which
Raysed genarally as I Rememr about six : seaven and Eight nochis butt that I am vnser-
tayne about/ butt we Putt the Powdar in the proofe yt I brought for tryail and yt Raysed
about foreteene nochis/ mr Sergent seavarall times desyared me yt I would take good
Notis about the Powdar in genarall for he would haue itt all opened/ yt soe I might bo
able to give Cirtificate or testimony about the same to England — for he sd he would putt
the badPowdar on mr Bletsoe I told him I was sorrey itt so3 fell out for I did beleue mr
Bletsoe had Imployed some person about itt yt had desened him or yo like words/ some
short time after I mett mr Sergent in the streete ; who told me yt Doclc Cook : was Either
gon or goeing to Plimouth Cort and tharefore yt matter about the Powdar must be defered
tell his Returne :/ we then began to discorse about the bad Powdar he told me he had some
thoughts of haueing itt made over agayne heare for heare was salt Peter which the Cun-
trey had and advised with me about the Charge : I told him yt would be according to ye
strength q^' the Powdar — the weeker it was the more salt Peter it would take butt told
him I had noe Judgment in itt Initt Refered: him I think to Capt fayarweather/ fryday
the 10':" of aprell dock''- Cook : tieing Com : home we mett att the fort and gott a Coopr to
open the Powdar — I mene : dock'' Cook : and rar : Sergent some short time after we Came
In I shewed them the bad Powdar — I think : we opened butt one Imrell I teling them : the
Rest that I had opened or sarcht was the like : and not fitt for servis I shewed them how
thay might know them by a high — numbar that I had observed on the Caske : and shewed
them seavarall others — and shewet them seavarall others :* that I had nott Examined —
ivhich I did suppose or Conclude to be the same — / the Coopr Procededto open the better
sort and Might open prhaps — to the quantity of thirty barels or more some of which — I
saw others t did nott by Reason of makeing Preaparation : to fyar the guns the next day
being the day of his* Mag"*' Corrynation — thay desyared my farther assistans in opening
the Powdar the next day butt 1 told them my ocasions : was such — att the Castell that I
could nott Posably attend itt butt ordard them the key If thay see Caues to doe itt by
them seines — /we went that Euening to mr Treasurers: and made Proofe: and made
Proofe* of that Powdar how much I know nott butt It Proued some better and soma
worse : butt as I Rememr — we did accovnt that which : Rayed** the Proofe Eight nochia
• Sic.
[Notes.] Puovince Laws {Remlves etc.). — 1702. 715
— Indifferent gooil the liisht of tlio Proofe bein.i? foretoene nocliia I well Rememt)ar that
goeing lioino yt iiii^ht with dock' Cook : after wo had dun : I told liiin yt nir Sergcnt had
bin : veary JNIucIi : abused ; in the byinj^ of that INjwdar — he made ine ansvvar and sayd
butt how wonld the Cnntrey l)ia senied or abused : If we had taken fifty bareU ouf of the
persell as raag'' Wallcy would haue had vs dun or advised to — soe wo begun to talk about
our Negleekt in genarall in nott takeing that Care about Powdar— and things of that
Nature as wo thought ought to be taken — the next day i)cing iho 11':" of aprell I went
downe to the Castell stay ' tell night Munday the lo':'' aprell I inert dock"- Cook and mr
Sargent att mr Treasures — wharo inr Sergont prodused a great quantity of sampels — of
Powdar — which tliay had taken the Sattarday before when I was absent as thay told me
— soe we went to tryall of those sampels in the Proofo as before my worke was to Putt
them finely out of the Papars into tho Proofo — and fyar them — mr Sergent prepard one
as the other was fyaring dockr: Cook: sett them downe how many nochis thay Ris the
proofe : the time of doeing this I askt rar Sergent If he had taken the sampels of the bad
Powdar he and doekr; Cook answared yee : all I sayd I thought it i)roued — better genarly
then w' : was Proued Ijoforo or the bad Powdar was better then I I'lxpecked : or to that
purpose : I doe not llemembar I took any of that Powdar in my hand to try the grayne —
soe was Imiiosable for me to give any Judgnt on itt as thay Could that see the Powdar
with the heads oiitt If I did giue : my opinion yt fifty barels — might be found out of the
persell fitt for servis I haue soe farr forgot itt I dare not sware itt yett I haue some Notion
in mv mind yt 1 did say soe/ butt left yt matter to dockter Cook : whomo 1 told yt: I wold
Nott advise to take any that did nott liayse tho Protf to the best of my Remem brans Eight
uochis att lest : — I llemembar when I haue mett with any Powdar better then ordinary I
have said this is good or good Powdar — and told them I could tell when the Powdar was
good l)y the Requoyle of the proof in my hand butt this I am posative I haue oft Com-
playnd of the badnes of the Powdar — and \\ hatener I haue sayd about the goodnes of It
I haue had Regard ownly to fifty barels : which thay alhvavse sd to me thay ware to take
out of the Eighty Eight barels — I was Conserned for my frind mr bletsoe that bought the
Powdar — yett did intend to giue him an Impartiall accovnt about the matter — as mr
Sergent seavarall times desyrd me after we had discoverd that which I call bad Powdar
— when we had dun I washt : my hands and took my leaue of those gentelmen — Leaveing
them att mr Treasures house — Nott accovnting my selfe any farther Conserned : and Con-
clude'' in my mind — thay would Consult what to take and what to leue — some short time
after mr Sergent mett me arid told me — he had sold all his Powdar to the Cuutrey Inti-
mateing to me that I had not node to : Considar any thing to write mr Bletsoe about itt
some short time afi;er 1 mett mag"' Walley I think the same day and Either askt him If
thay had bought all mr Sergents Powdar — or told him I had hard thay had dun itt he
sa.yd thay had I told him some of itt was good for nothin<; or vnfitt for servis or to yt Pur-
pose : he Replyed something to me w' It was — I haue forgott butt I did think by itt thay
had bought itt some greatt or good Penney worth — and I doe not know yt I had anv
farther thoughts : aboutt itt till In Compt-'^ Capt Byfild was saying that the Cuutrey had
bought all mr Sergents Powdar and had given : Eight pounds "pr barell for itt which did
strayngly surprise me - / June . y'' : 8^" 1702 : p^ tim" Clarke." - Mass.
Archives, vol. 70, p. ooo.
The powder which Clarke thought unfit for use was a part of the stock purchased of
Peter Sergeant, under resolves, 1701-2, chapter 97, q. v., and note.
Chap. 4. This chapter is from archives, vol. 20, p. 79. It is recorded in council
records, vol. VII., p. 281. See chapter 7, infra.
Chap. 5. This chapter is from archives, vol. 101, p. 220. It is recorded in council
records, vol. VII., p. 281.
The order passed in Council, August 1, 1701, requiring the province treasurer to pay to
Purchis the amount of the allowance granted by resolves, 1701-2, chapter 14, was rendered
void by the death of Purchis. This chapter, therefore, was passed to transfer the grant
to his widow ; and the order in Council* for paying the amount for her benefit to Wilson,
who was the representative from the town of Concord, was passed August 13, 1702.
The payment of this allowance is charged in the accountsf of the province treasurer.
Chap. 6. This chapter is from archives, vol. 62, p. 402. It is recorded in council
records, vol. VII., p. 283.
The petition set forth in this chapter concluded with the usual formula, "and your
petitioners as in duty bound shall ever pray &c."
Chap. 7. This chapter is from archives, vol. 20, p. 80. The order for signing la
recorded in council records, vol. VII., p. 283.
On the fifth of June the committee appointed by chapter 4, supra, reported in the Coun-
cil, by Elisha Cooke, chairman, the draught which constitutes the present chapter. The
Council immediately passed it to be engrossed, for signing, and sent it to the House, with
this vote, for concurrence. It was read in the House on the same day, and on the sixth it
was "resolved a concurrence," and signed by the Speaker.
Chap. 8. This chapter is from council records, vol. VII., p. 284. It has not been
found in the archives.
The following is Phipps's letter acknowledging the receipt of the address to the Queen,
and the accompanying letter to him from the Assembly : —
* 'Executive Records of the Council, vol. 3, p. 363.
t Mass. Archives, vol. 122, p. 170.
716 Peovince Laws {Resolves etc.). — 1702. [Chaps. 0-15.]
Yc Lfe of y° 8"" of June last w"" y Address inclosed came to ray hands on Thursday
ye 26'i> of July, And having an Intimacon that an Address was come from Barbadoes &
being desirous y' yon should be earlier in yc CongratulacSn of y Queens Accession to y"
Throne then any other of her Colonies or Plantacons I went iihediatly to y Earl of
Pembroke L<' Presid' of y Councill to acquaint him of yo'' Address & to desire him to
introduce me to deliver it; But y Co't being at Windsor and his L^sp not being to attend
her ma''« till y Thursday following I thought it not proper to delay y delivering it so
long & therefore I waited on ya Earl of Nottingham Principall Secretary of State y« next
day to desu-e y How of him" to introduce meto yo Queen w^'' he most kindly & readily
promised to do & appointed me to attend at Windsor on y Sunday following being y«
19'h of July wch I did & vpon her ma"'-*^ return from Chappell when sbe was in y pi'seoce
Chamber attended w"» a great many of y nobility & other ■Psons of Quality his L''»p
introduced me & I delivered yo'' Address w"'' she feced w"' great satisfaccon & gave it to
yfi Earl of Nottingham who was pleased to promise me it should be in the Gazette I
acquainted his L^'^i' of y great marks you Lad given of j'O'' Loyalty & Affsccon to y Queen
& w"» what demonstracones of Joy you had proclaimed her, & of y^ great solemnity
observed by you on y occasion of his late Ma'i'^s death & desired some notice might be
taken of it in y Gazette, & to y' purpose I gave his L<^*p a Copy of y' part of yo'' LfS
wci> related to it & he was pleased to say that so much as was proper should be menconed
and accordingly it is notifyed in ye Gazette.
Before y Queens return from Chappell I met M' Blathwait & having acquainted him
w"> my errand he, desired to see y Address, & having read it he was of opinion the Word
Much before y word Alleviated should be left out I accordingly strook it out w'^'' is all
the alterac5n was made in it
As to y surprizing of yo"' flSshing vessells near Cape Sables there being War proclaimed
between England & ffrance you cannot expect any redress in y' matter during y War
But I hope to put it into such a method that when a Peace is concluded you shall have
satisfaccon
There was no Bill brought in y last Parliament for y vacating yo' Charter or y Charter
of any other Governm' If any such Bill be brought in this ensuing Parliamt I will be
Bure to give it all y-' obstruccons I can, In y mean time I think it would be very prop'
to furnish me wth as many Arguments as you can agt such a Bill
As to M'' Allen's business there will be a hearing in it about a month or six Weeks
hence where I shall not fail God Willing to be p'sent and in that and in all other things
you may be assured of y" greatest service he is capable of rendring you who is
Middle Temple London Yo'' most obedient humble Servt
Augt 1. 1702. Con Phipps." — Ma«s.
Archives, vol. 51, p. 141.
Chap. 9. This chapter is from archives, vol. 2, p. 442; and the following is the Secre-
tary's record of this transaction : —
"June 8, 1702. A Letter to his Excellency the Lord Cornbury Governour of New
Yorke, on behalf of Coll' Romer her Majesty's Engineer That he may be permitted to
Stay here for Sometime to Compleat our Fortitications l)y him begun on Castle Island,
was drawn up, and Signed by the Major Part of the Council, and being Sent down to the
Representatives, was again returned from them, Signed by the Speaker in the Name of
that House." — Council Records, vol. VII., p. 285.
Chap. 10. This chapter is from council records, vol. VII., p. 286. It has not been
found in the archives.
Chap. 11. This chapter is from council records, vol. VII., p. 286. It has not been
found in the archives.
The order in Council* for the payment of this allowance was passed August 13, 1702,
and, by the treasurer's accounts, f it appears that it was duly paid to Maxwell.
' Chap. 14. This chapter is from council records, vol. VII., p. 287. It has not been
found in the archives.
The province treasurer's account]: shows that the unendorsed bills described in this
chapter were paid.
Chap. 15. This chapter is from council records, vol. VII., p. 287. It is preserved in
archives, vol. 71, p. 338.
The proposal mentioned in the preamble to this chapter was as follows : —
"To the Honbie the Council and Representatives of his Ma'y^ Province of the Massa-
chusetts Bay in New : England in General Court assembled, May the 27'-'' 1702.
The Proposal of Joseph Hill of Boston Varnisher. —
Humbly offered. —
Whereas there is very great probability of our Nations being speedily involved in a
bloody War; which will affect all the Dominions and Territory s of the Crown of England
as well in this Country as else where ; And prudence requiring that all just and necessary
provision and preparation be made for the defence and preservation of y same. I crave
leave, humbly to Informe this HonMe Court That the true Love which I have and bear to
my King and Nation and the zeal I'have for their service hath for some time past put me
on invention to find out some thing that might be serviceable in time of War for the
* Executive Records of the Council, vol. 3, p. 383.
t Mass. Archives, vol. 122, p. 166.
i Ibid., p. 172.
[Notes.] Province Laws {Reaolves etc.). — 1702. 717
annoyance of any Enemy that should attempt the Invasion or destruction of his Maty'
Sutijects or interests And have proved and found by experience that I can form such
Engines and make such composition of Fire wofi\s as with Gods hlossing shall do greater
execution and Spoile upon the Enemy and contrii)uto more to the defence ol any Castle
or ]-~ortification than a considerable nuinlicr of men can do. which I am ready to demon-
strate and rationally maije out to such Committee of prudent persons as this Iloni'ie Court
shall thinko (it to appoint and confide in so that they bo under Oatli not to divulge, what
of my art I must necessarily disclose and make known unto tliem ; but only to report
their Opinion whether they apprehend what I propose to be Practicable and usefull, And
if thereupon the Honoured Court shall sec cause to Encourage the same by granting
what shall be necessary for the procurcing of IMatcrials necessary to be used therein and
to support the other charges incident thereto. I shall with all alacrity & diligence apply
my Selfe forthwith to provide and make ready what may bo proper and necessary to be
made use of for such an occasion, and willingly serve your Honours to the utmost of my
power. ^Q(l as in duty bound shall ever pray, &c.
Joseph Hill." — Mass.
Archives, vol. 71, p. 337.
This paper appears to have been read in the Council on the third of June, and, on the
ninth, the resolve which constitutes this chapter was passed by the House. On the tenth
the Council concurred in the passage of the resolve, and it was signed by fourteen members
of the Board.
On the thirteenth of August an order was passed, in Council,* for paying the twenty
pounds, and the province treasurer's account,t from May 26, 170.3, to May 3\, 1704, shows
that the amount was paid over to Samuel Legg, of the joint committee, for the purpose
indicated in this chapter.
Chap. 16. This chapter is from council records, vol. "VII., p. 288, and archives, vol.
11, p. Ifili.
This chapter was based upon the following petition : —
" June the : 9'.i> 1702
To the Hon^e the Counsell and Representatiues of her Majestys Prouance of the Masse-
thuset Bay : now setting in Boston in Generall assembly
The Humble Petition of Abraham Preble Representatiue for york : sheweth that
Whereas the said town of york haue of Late been under uery Grate disaduantages by
reson of the Loses sustained by the war : and families dispersed and Broken up : sum of
which altho returned unto us are not Able to sustaine any publick Charges : becase of the
Charges and disbusements about their one settlement ; haueing much to doe and but
Little to doe withall ; haueing also bin Lately att Considerable Exspence; In buldingfor
the Conueniency and accomodation of the minestry : and in maintaining a scool for the
Instructtion of our youth ; which Wee Look upon as highly needful! & beneficiall and are
still Willing to Gitie all dne Encorragment there unto we Can : and haueing had Greate
Reson to think well and Worthely of What the Honi^« Coret hath done for us in our Low
Estate for the seporte of the minestry a mong us, which we most Gratefully Accept and
acknowledg ; are therefore Incorraged herefrom to sallicitt once more that your Hon^^ will
please to Glue us help by Granting some further Encorragement this year unFo the
RevJ mr Samuell Moody whome God hath hitherto made a blessing unto us: Hopeing
that if God bless the land with peace : and this Hon^ Corte and assembly shall please to
as.'^ist us this year we shall bee able here after to~Carry on and support the ministry
among our selues ; without being any further Chargable or trubelsum. unto the Publick
and not douting of your Generous and Good Inclination to assist us in what you Can
humbly submit and shall for euer Pray for &c." — Mass. Archives, vol. 11, p. 166. '
The order in Councilt for the payment of this allowance was passed May 1, 1703, the
amount to be paid "to M£ Samuel Moody Minister of Yorke." See resolves, 1700-1,
chapter 22.
Cbap. 18. This chapter is from archives, vol. 20, p. 82. It is recorded in council
records, vol. VII., p. 297. See chapter 21, infra, and note.
Chap. 19. This chapter is from archives, vol. 70, p. 571. It is recorded in council
records, vol. VII., p. 298. See resolves, 1699-1700, chapter 21, and 1701-2, chapter 90, and
notes thereto.
This chapter originated in the Council on the twenty-second of June, when it was passed
and sent down to the House, for concurrence. It was concurred in, and signed by the
Governor, the next day.
Chap. 20. This chapter is from council records, vol. VII., p. 300. It has not been
found in the archives.
The order in Council^ for the payment of this allowance was passed November 5, 1702,
and the province treasurer's accounts || contain an entry in which the amount is charged
as paid to the Governor.
Chap. 21. This chapter is from council records, vol. VII., p. 300. and archives, vol.
20, p. 83.
* Executive Records of the Council, vol. 3, p. 363.
t Mass. Archives, vol. 122, p. 201.
t Executive Records of the Council, vol.3, p. 436.
§ Ihid., p. 3S3.
II Mass. Archives, vol. 122, p. 191.
718 Province Laws {Resolves etc.). — 11^2. [Chaps. 22-27.]
On the twenty-fourth of June, Samuel Sewall, chairman of the joint committee appointed
by chapter \SJ supra, "reported that the said Committees had agreed upon a Draught
which he read in his Place, and then laid it down on the Tabled"* From an entry in
Sewall's Diaryt it would seem that this draught was signed twice ; first, on the twenty-
seventh, and again on the thirtieth. The five councillors who did not sign this effusive
expression of gratitude to the Queen, for the appointment of Dudley, were Wait Winthrop,
Samuel Sewall, John Phillips, John Higginson and Benjamin Browne. Sewall refused
to sign both times.
Chap. 22. This chapter is from archives, vol. 101, p. 223. It is recorded in council
records, vol. VII., p. 300.
The order in Council^ for the payment of this allowance was passed August 13, 1702,
and the payment thereof to himself, as treasurer, is charged, by Taylor, in his account. §
Chap. 23. This chapter is from council records, vol. VII., p. 301. It has not been
foimd in the archives.
Chap. 24. This chapter is from archives, vol. 3, p. 402. It is recorded in council
records, vol. VII., p. 304.
The resolve referred to in the preamble to this chapter as passed by the Council was
as follows: —
"In Council. —June. 24'.h 1702./.
Resolved, That a Committee of the Board be appointed to joyne with a Committee of
the Representatives to consider of that Clause in his Excellencies Speech, referring to a
Fortification to be erected at or near Pemaquid And that that House first name their
Committee.
Sent down for concurrance./. Isi Addington Secfy." — Mass.
Archives, vol. 70, p. 372.
In the original draught of the vote appointing the committee there was no clause desig-
nating Hathome as chairman and authorizing him to call a meeting of the committee.
The following is the portion of Governor Dudley's speech relating to the erection of a
fortification at or near Pemaquid : —
"June 16, 1702. ... I must acquaint you, Gentlemen, That the long troubles the
French King has given to all his neighbours, are not yet ended; nor any Treaties So far
Capable to retain him within Bounds ; but that her Majesty is in honour Obliged to Sup-
port her Neighbours from his Insults, and we may expect every Day to hear of a Direct
War which will involve us into our Usual Troubles with the French and Indians ; for the
Support of which I must desire you to take care that there be a Supply of Men, and
Money
I very well Know that the Inland parts Our Frontiers ly long and very much exposed
to their Insults and how impossible it is to raise much less to Support, and Keep up so
much force as is Necessary to make every small Settlement Safe but so much must be
done as is within our Power for the Honour, of the Crown, and Security of every Part of
the Government ; And that will move her Majesty to Support us in the rest. And here
particularly I must recommend to You the reselling the Fort at Pemaquid or at least a
Fortification in that part near that place if that be thought Improper . . ." — Council
Records, vol. VII., p. 291.
This recommendation was made in compliance with the following article (being the
fifty-first) of the Governor's instructions from the crown: —
" To press the Assembly vigorously to exert themselves to fortify the Province, espe-
cially Pemaquid ' which tliey too easily suffered to be taken and demolished by the French
during the late War ;' " etc. — " New England, Board of Trade," vol. 33, pp. 30-60, in
Public Record Office.
See chapters 56 and 67, post, and notes.
Chap. 25. This chapter is from council records, vol. VII., p. 305. It has not been
found in the archives.
The order in Councilt for the payment of this allowance was passed August 13, 1702,
and, by the province treasurer's accounts, || it appears to have been duly paid.
Chap. 26. This chapter is from council records, vol. VII., p. 306. It has not been
found in the archives.
The Older in Councilt for the payment of this allowance was passed August 13, 1702,
' and, by the province treasurer's accounts, || it appears to have been duly paid.
Chap. 27. This chapter is from archives, vol. 11, p. 168. It is recorded in council
records, vol. VII., p. 306.
The order in CouncilH for the pavment of this allowance was passed May 1, 1703, and
the province treasurer's account, from May 27, 1702, to May 26, 1703, contains the follow-
ing item : —
•' Paid Mr Joseph Smith Chaplain to the Garrison att Brookfield Allowed
by the General Assembly W„ — „ — ."
^Mass. Archives, vol. 122, p. 167.
* Council Recoras, vol. VII., p. 299.
t Vol. II., p. .'ig.
t Executive Records of the Council, vol. 3, p. 363.
§ Maes. Archives, vol. 122, p. 165.
II Jbid., p. 166.
V Executive Records of the Council, vol. 3, p. 436.
[Notes.] Province Laavs {Resolves etc.). — 1702. 719
Cliap. 28. Tbis cliapter is from council records, vol. VII., p. 306. It has not been
found in tlio archives.
Tlio coinmitteo mentioned in the preamble to this chapter was appointed by chapter 3,
ante. Their report was as follows : —
" Wo whoso names are vnderwritton being apointcd Ijy the GencraJl Court to inquire
into the quantitie & quality of the publiquo stores of ])owder in this pi'ouincc, doe find the
quantitie to be two hundred ^ nine barells & a halfo besides what is now in the Castle;
& doe hnd for the quality tliat ther is twenty scauen barells & a halfe of powder of the
last purchas that is not lit for scruice which arc marited P. S.* and are set by themselucs
in the sconce. l)esides ^eucrall barells in each parccU that is but meane haucing opned all
the 15arrclls and diligently veiwed & handled y" powder
Boston; June, 18. 1702 Sam Sewall, P order of the Coiuittee." — Mass.
Archives, vol. 10, p. 510.
This report was read, first, in the House, on the eighteenth of June, and sent to the
Council, where it was read the next day and an order passed " That the said report be read
again to Morrow Morning And that Capt Timothy Clarke, and any others that can Say
any thing relating tliereto be Summoned to Attend. "t
On the twentieth the subject was postponed to the twenty-third, when the hearing was
begun. On the twenty-seventh the order which constitutes this chapter was passed, and
signed by the Governor.
On the thirteenth of August, 1702, an order was passed in Council for sundry pay-
ments from the province treasury, including the following : —
" To Peter Sergeant Esq^ the sum of eighty four pounds over and above the Four hun-
dred pounds formerly Ordered him in full for sixty barrels and a halfe of Gunpowder
bought of him." — Executive Records of the Council, vol. 3, p. 363.
On the twentieth of December, 1703, another order was passed in Council,! for paying
to him " Twenty eight pounds, eight shillings and one penny halfe penny in full of Inter-
est of Four hundred Eighty four pounds, which the Province was indebted to him, for
sixty barrels and a halfe of Gunpowder for the publick stores, for which the General
Assembly ordered, that he be allowed interest until he should be paid."
In the province treasurer's account, from May 26, 1703, to May 31, 1704, occurs the fol-
lowing entry : —
"Paid Peter Sergeant Esq; y« remaynder of what is due for Powder
bought formerly & what is due for Interest Allowed by y« General
Assembly 112^,8,^1."
— Mass, Archives, vol. 122. ]). 201.
Chap. 29. This chapter is from archives, vol. 101, p. 226. It is recorded in council
records, vol. VII., p. 307.
In the fourth session of the Legislature of 1701, Usher "presented a Petition referring
to his Accompts as Treasurer in the time of S"' Edmund Andros's Government, and the
paj'ment of what is due to him for Ballance, with an Answer to Some Exceptions made
thereto by the Committee Appointed to Examine said Accompts. "^S
This petition was read in the Council and sent to the representatives, but no further
action upon it has been discovered.
In the first session of the present year, David Jeffries of Boston, in behalf of Usher, pre-
sented the following petition : —
" To his Ex'^ Joseph Dudley Esq; Her Ma'J'^ Captain General and Governour in chief
in and over Her Ma'^^ Province of the Massachusetts Bay in New England, and to the
Hon^'e Council and Representatives of the s'' Province in General Court assembled —
The Petition of David Jefferies of Boston Merch' as Attourney and on behalfe of John
Usher Esqr
Sheweth
That the s'} John Usher being Treasurer of y Territory and Dominion of New England,
during the Government of Sf Edmund Andros until the Revolution in that Territory,
Did advance and pay for publick uses several suins of money more than what did come
into the Treasury, the Accompt whereof his late Mafy was pleased to refer to the Exami-
nation of the Governour & Council of this Province.'with direction that payment should
be made unto the s<i John Usher of so much as should appear to be due to him for Bal-
lance thereof as appear by his late Ma^y^ Letter, dated Whitehall 12'i> October 1691. refer-
ence thereto being had, Whereupon a Comittee was appointed for Examination of the
sd Accompts, whose report dated 31st December 1692 under their hands, mentions the sum
of Eight hundred fifty one pounds two shillings and ten pence to be due unto the &^ John
Usher, Notwithstanding which report he could obtain no order for paym' of y^ same.
That upon application again to the King there was another Order to the Governmf dated
26*.*> October 1691: to cause satisfaction to be made to the s'^ John Usher, or to return Rea-
sons for not complying with s^ Order, as by the same, reference thereto being had, more
amply appears.
That, A Committee thereupon appointed, examined the si^ Ushers Accompts and made
some Exceptions, To which he exhibited his answer, nevertheless could not yet obtain an
order to the Treasurer for payment of the s± money due to him. Whereupon the s^ John
Usher again made Application to the King that due care might be taken for payment
thereof. And, his Ma'y having had the Exceptions to s'l Ushers Accompts & his Answer,
was pleased to give Orders and Instructions to the Earl of Bellomont that due care might
be taken for payment of the s^^ Ballance
• /. e., Peter Sergeant.
t Council Uecords, vol. VII., p. 295.
X Executive Records of the Council, vol. 3, p. 503.
§ October 15, ITOl. Council Records, vol. VII., p. 248.
720 Province Laws (i?eso?i'es e^c). — 1702. [Chap. 30.]
That in June 1700. A Committee was appointed by the Earl of Bellomont, Council and
Assembly for examining the s'' Ushers Accompts, and to make report, which Comittee
omitting so to do the Earl of Bellomont could not make report to the King pursuant to s'^
Orders & Instructions uuto him given
So that the sd John Usher hath been kept out of the s<i sum of Eight hundred fifty one
pounds two sliillings and ten pence above twelve yeares and l)esides that sum the s<J John
"Usher hath paid tlie sum of One hundred eighty seven pounds fifteen shillings and fiVe
pence several years since, after his arrival from England, for part of which he was im-
prisoned, notwithstanding the Kings protection so that in all there is due unto the
B<^ John Usher One thousand five hundred forty eiglit pounds eighteen shillings &
3<i Besides the Interest for the same, from the time of his being kept out thereof,
That the s<i John Usher, notwithstanding his repeated Applications to the Governm' as^
also to the Coiiiittee for receiving of Claim's of debts contracted in the time of S"" Edmund
Andros his Governrnf & for granting Debentures thereon, hath not j'et obtained an order
for payment of one penny of the money due unto him as aforesaid.
Your Petitioner doth therefore in the behalfe of the sd John Usher humbly pray your
Excy and honours to take the premisses into consideration, and to order payment to be
made unto him of what is due to him as aforesJ or to give the Reasons for not complying
with the Kings orders respecting the same —
And your Petitioner shall ever pray &c
David Jeffries." — Mass.
Archives, vol. 101, p. 224.
This petition was read in the Council June 26, 1702, and on the next day the first part of
the resolve which constitutes this chapter was passed. The subsequent steps in the pas-
sa<:ce of the resolve are shown on its face.
The committee which the petitioner alleges was appointed in June, 1700, was, doubtless,
the committee which had been previously appointed to consider the accounts of Sir
JEdmund Andros. By the resolve of 1700-1, chapter 47, Usher's accounts were also
referred to that committee. See the note to that chapter.
The committee appointed by this chapter appear to have proceeded to discharge their
duty without delay. On the nineteenth of August the chairman of the committee received
certain papers in Usher's behalf, of which the following is a list : —
"List of Papers received from Elisha Cooke Esqf W Edw^ Turfrey, the 19'.i' of August
1702. and on the same day by him delivered to Samuel Sewall Esq^
Viz'
John Usher Esq'' his Accompt of sundry disbursem's (not charged in his accompt as
Treasurer) amounting to £187 „ 15^ 5. —
The particular accompts of Seth Perry &c. upon which the s^ sum of £187 ,, 15 „ 5 arises
Copy of a Minute of Council for S;' Edm^ Andros's Salary.
Sr Edmund Andros's original order to pav M"" lilathwayt 5 P' Cent.
Report of W'" Stoughton, W. Winthrop. S. Shrimpton & Peter Sergeant Esqi;^ upon
M' Ushers accompts dated the 31st of December 1692. (Sign'd by s.d CoiTiitte) and
annexed thereto. Exceptions of the' Gov & Council against several Articles in s^ Ushers
accompts.
JM' Ushers Answer to y« Exceptions against his Accompts
Report of J. Russell. El: Cooke, El: Hutchinson and John Foster Esq" upon s^
"Ushers Accompts presented the 2o«.h of March 1095. (signed by s^ Committee)
Return of the Lt Gov & Council to y King upon examinacon of s<i Ushers Accompts.
in July 1695.
M' Ushers Petition to the Earle of Bellomont &c in June 1700." — Ibid., p. 227.
On the nineteenth of November the Council substituted Nathaniel Thomas and John
Appleton. for Sercceant and Walley, on this committee, but the House does not appear to
have been asked' to concur in this change. On the twenty-first, the order appointing
this committee was revived and contuiued, Eliakim Hutchinson being substituted for
Sergeant. See chapter 70, post, and note.
Chap. 30. This chapter is from council records, vol. VII., p. 312. It has not been
found in the archives.
The report of the joint committee appointed by virtue of this chapter, was read, first, m
the Council, on the nineteenth of November, and was as follows : —
" The Report of the Comitty appointed to Consider of the Petition of the Justices of the
County of Suffolk
(1) That a bill be brought in for the Repealing of the Last parragraf or Clause m an
act made and past by the Great and Gen" Court or assembly In the year 1700 Intituled an
act for Rendering an acco" of fines &c
(2) That In stead thereof It be enacted that all and every Just of the Peace att Each
Quarter sessions to be holden for each county Respectively within this Province Render
an acco" of all fines amersm'** and forfeitures Imposed sett hapened or falen before such
Jus' or Justices out of sessions due and belonging to Ler Majtio or by Law particularly
applyedto the use of such county, and shall cause the clerk of the Peace to enter the same
on Record, And that the s^ clerks Respectively shall make and Deliver a Pfict estreat of
all such fines together with the other fines arising In the same sessions unto the sheriff of
the county as by the Law is provided. And also deliver unto the Treasurer or Receiver
Gene" of this Province & County Treasurer Respectively unto whome such fines doth
belong a i>fect schedule of all such estreats by him delivered to the sheriff And that out
of such fines belonging to her Majti^ as well as any other ariseing out of the sessions of the
peace, the Justices shall be paid for their setting in sessions.
& be it further enacted. &<=
That Each Justice of Peace within this Prouince before whom any p-'son shall be con-
nicted of any fines forfittures or amercments belonging to any Town or the Poor thereof
[Notes.] Province Laws {Remlves etc.). — 1702. 721
shall within three month time or oftcner from time to time Render to such Town Treas-
urer a perfect list or estreat of the same.
6 that each Justice of Peace in all Criminal! Casses Trycd & Determined before him
shall hauo like (foes as Ijy law he may take for the Tryall of Ciuill actions
Nathaniel Thomas in behalf of the Comittce." — Mass.
Archives, vol. 40, p. 749.
The " two flrst articles " of this report were forthwitli approved by vote of the Council,
and the vote sent to therepi'esentatives, for concurrence; and, on the same day, the House
voted as follows : —
" Pass'd a Concurrence to the Two first Paragraphs, and third also."*
No further action upon the above-named petition has been discovered.
Chap. 32. This chapter is from council records, vol. VII., p. 315, and archives, vol.
70, p. 58o.
The petition referred to in the preamble to this chapter was as follows : —
" To his Excellency Joseph Dtulley Esqf Cap? Gen'] and Governor in Chief in and
over her Majesties Province of the Massachusetts Bay in New England. & To the Hon-
ourable Council and Representatives of y« said province In Court assembled.
The humble Petition of Enoch Lawrence
Humbly Slieweth That your petitioner is a very poor man and by reason of wounds in
his hand, recieved in a fight with the Indians in the former Indian War is allmost wholly
disenabled from following his dayly Labour upon which he depends for a Livelyhood
both for himself and his family.
Yo'' Petitionj therefore prays That he may have Freedorae from Taxes, and something
allowed him for a maintainance granted by yo'' Excellency and this honour'i'e Court
And yoi^ Petitioiaf shall ever pray &c
Enoch Laavrence." — Mass.
Archives, vol. 10, p. 583.
This petition was read in Council on the sixteenth of October, and sent to the House of
Representatives, Avhere, on the next day, the resolve constituting this chapter was passed,
which, being sent up to the Council, was concurred in, and consented to by the Governor.
Chap. 33. This chapter is from council records, vol. VII., p. 316. It is preserved in
archives, vol. 11, p. 169.
Chap. 34. This chapter is from council records, vol. VII., p. 317, and archives, vol.
70, p. 590.
Colonel Romer's impatience under the legislation which deprived him of absolute and
entire control of the work of rebuilding and enlarging the fortifications on Castle Island
had again manifested itself in a memorial, which, on the sixth of June, he addressed to,
and laid before, the Council, as follows : —
" To the Honibie her Maj'f Council of the Province of y» Massachusets Bay in New
Enirland —
The Memoriall of Coll. W W™ Romer her Maj^t Chief Engineer for the Continent of
America
Humbly Oifereth
1) That J" sd Coll Romer & the Committe. for the fortifications on Castle Island may
have power to pick out such & so many men from the Garrison there as they shall have
occation for for the furnishing sd ffortifications to be wholy under their Command as it
was last Year.
2) That their Wages may be appoynted for which they shall be obliged to Work.
3) Whereas I understand the best'of y* Men arc now"& then discharged & worse come
in their Room, whereupon many amongst them will not engage in any peice of work in
hopes of being Cleared & discharged ; that a Stop may be put to a thing of Such danger-
onse & perniciouse Consequence.
•1) That the sd Coll Romer may have y« Same power & Authority as he had last Year
to Command all y- Labourers & workmen there, those pickt out of y^ Garison aboue sd
& others tSc in case of their misdemeanour to^punish them according to their deserts &
that ye Same power may be given unto y" Comitte when he is gon from hence ; cSc further
that none of ye workmen, Labonres, or Soldiers abouemention'd may Stir off y<= Castle
Island, without his or their Leave.
5) That Orders may lie given to the Commanding Officer or officers of sd Castle to pay
thei£ obedience to y Orders of y" Government abouemention'd & to assist yo sd Coll &
Comittee in the execution thereof for the good of y works.
6) That a Warrant may be forthwith issued for the Impressing of Such workmen &
materialls &c as there may be occation for from time to time.
7 In as much as my Stay here will be very Short being obliged to meet my L<1 Corn-
berry at Albany the 25 of this month & consequently I sliall not be able to Stay till the
works are finished, I think it of al)solute necessity for the well finshing of them, & prav
that nothing mav he done there without my particuler Order & Directions, & that those
Instructions I shall leave Wh j« Comitte may be punctuallv observed in every part of
them according to the Measure & form of my Draughts, whith out which I shall not be
in any measure responsible but must declare my protest against any notions to the Con-
trary be they what they will.
8)- Lastly to conclude that your honors will be pleased to take this my Memoriall into
your serious consideration & that what is therein Contained for the advantage of yo works
may be forthwith Orderd & put into execution & I shall ever.Remaine as 1 allways have-
been with all due Respects
yr honrs Most humble Serv^
Wolfgang W Romer." — Mass..
Archives, vol. 10, p. 564.
• Mass. Archives, vol. 40, p. 749.
722 Province Laws (^Resolves etc.). — 1702. [Chap. 34.]
No action seems to have been taken upon this memorial until after the arrival of Dud-
ley. The Governor was not disposed to ignore the committee appointed to order, direct
and manage the laying out of the money for that worlc,* and so, on the fourth of July,
seeing the need of moi'e workmen at the Island, he issued the following warrant for
impressing a sufficient force : —
"Joseph Dudley Esq^ Captain General and Governour in chief in & over her Ma'y»
Province of y" Massachusetts Bay in New EnglJ
To the sheriffs of the County of SufFollie and Middj: their Undt. Sheriffs or deputys and
Constables of the Town of Boston and Charles towne,'or to any or eitlier of them Greeting.
Whereas Mf Thomas Brattle Cap' Timothy Clarke and the'Captain of y« Castle for the
time bemg are appointed by the Great and General Court or Assembly a Committee to
Order, direct and Manage the laying out the money granted by the same towards fortify-
ing Castle Island, and to give order & Direction for the reparation or new making of
Fortifications on s<\ Island — And it being necessary, for her Ma'ys Service and the
secm-ity of this Province, that the workes and repairs doing and to be done at sd Castle
Island be carried on and performed with all possible speed and diligence. —
These are therefore in her Ma'ys name to authorize and require 3'ou or any of you from
time to time to impress such and" so many workmen or materials as the sii Committee or
any of them shall informe you are wanted and necessary for the Speedy repairing and
makeiug such new Fortifications at sd Castle Island as they shall order and direct to be
there done and made, they paying such Workmen for their labour & for such materials
what may be The Value thereof and according to the usual and accustomed rates and
prices here given for the like .
Given under my hand and Seal at Armes at Boston the fourth day of July 1702. In the
first year of her Matys Heign— j Dudley." — /itt/.,
p. 600.
Between four and five months after his first memorial, Romer prepared another memo-
rial, addressed to the wliole Court, as follows : —
•' To his Excellcy Joseph Dudley Esq^ Capt General and GoveruoL in Chief in and over
the Provinces of the Massachusetts Bay and New HampsUire ui New England now in
Council and To the Hono'^l'^ House of Representatives now conven'd —
The humble Memorial of Col: Wolfgang William Homer
Whereas the Memo was sent into these parts of America by his late Majty : King Wil-
liam of blessed memory with Special Orders to Erect all such Fortifications as were found
needfuU and Convenient within the Respective Governments under the Administration of
the late Earl of Bellomout; and Since his decease he received new Orders from the late
LieuJ. Governor Stougbton to regulate and Erect the Fortifications on Castle-Island, and
continued with' all Care and diligence in performing the same by the said Order for thj
Space of twelve Months ; and hath by yo'; Excell'^'^;^ Order continued on said works in
Order to finishing now five Months.
And for as much as yo^ Excell^i."" Mem°: hath in time past labour'd under great diffi-
culties and hardships in and about'the Erecting and perfecting the above said Works ; He
is now made more uneasy than formerly by the Insolent and rude behaviour of Capt Clarke
towards him, who malces it his daily business to render him uucapable to finish what he
has begun, and hitherto carried on, on said Island. Insomuch that he does not Spare to
tell the Workmen Employed That if they do follow his Directions and work on such
Places as he gives Order, they must expect their Payment of him, for that he will not pay
them one farthing. Which Practices (among others) of said Cap? Clarke's doth greatly
discourage the Mem", and his Design therein can be for no other end then thereby to strike
att his Reputation and undervalue his Judgment.
Yoj Excell"?3 Mem'? therefore humbly Prays That he may for the future be Supported
and inaintained in his Post free from the Insolent behaviour of said Clarke in Order to
finishing the said Works ur.disturb'd without the like Contradictions from Clarke afore-
mentioned; or any other ignorant pretenders who are subject very often to prescribe
Rules, and give Dictates in matters they are wholly Ignorant olf./
Genilemen of the House of Representatives.
It is not unknown to this Hon'-je House with what Difiiculiies and hardships I have
labour'd Since the first begining'of my Works on Castle-Island fi'ortifications ; and
Sundry of you know what rude Treatment I have undergone and sutfered from the unrea-
sonable and unexperienced Masons Employed on said Works — and Whereas the said
Works are now brought near a Conclusion i shall humbly pray That a Comittee may be
appointed now as was d.me last Year. That you may be Sensible how the Country's
Money is there Expended. M^ Brattles Accounts will in part shew it, and I humbly desire
the House to Order the said Mv Brattle to lay before you his said Accounts in some rea-
sonable time before you Rise That seasonable Resolutions may be taken by you in Order
to the appointment of a Comittee to lay before you what will be farther wanting in Order
to the finishing the sd flfortifications. and That Col : Romer the Mem? may be called before
the gd Comittee in Order to lay before them in a proper manner what is requisite in the
Premisses. Wolfgang Wil^ Romee." — Ibid., 2^. 590.
This memorial was read in the Council on the twenty-first of October, when the order
which constitutes this chapter was passed, sent down to the House, and there passed, in
concurrence. The Governor, on the twenty-fourth, adjourned the Council to the twenty-
eighth. On the twentv-sixth he set out for Dunstable, with some members of the Conncil,
to^meet a delegation o'f the Pennecook Indians, and did not return until the twenty-ninth.
Meanwhile he'sent an express from Concord, again adjourning the Council to the twenty-
ninth, when the hearing was again postponed to the thirtieth.
* He^olves, 1700-1, chapter 85, and 1701-2, chapter 102, and notPB.
[Notes.] Province Laws {Resolves etc.). — 1702. 723
Tbo following certificate was filed on the twenty-ei.^lith : —
" These may Certify that wo of the Coinimtly appintcd l)y the Great and Genarall Cuort
for laying out the mony granted lor bulding fortifications on Castell I.sland and to give
ordars and diricktions for tiie docing of the same:/ haucing the G':" of this Instant Nigh
Completed the LodgLns for the soldyars which his Exelny some short time before by his
letter to vs did dirickt and dcsyar Might l)e dun without delay/ l)clcucing that would shut
vp the winters work this yeare, the season : being Past for any heavy brick work — / we
did then at sd Castell Island Confer advise agree and Conclude — to finish the brick Para-
pitt on the wals of the old Castell which the masons were then att Avork on : and soo shut
vp the masons work for the winter/ Ijcing longer then was thought safe to work the last
yeare — / and the ownly Reason why wo did not advise with Coll Romar about the same
was — / his nott being tharo that day X Brattle.
Witnes our hands in Boston this 28* of ocktr- 1702 Tim'> Clarke." — Ibid.,
p. 602.
On the twenty-ninth, Captain Clarke filed his answer to Romer's charges, as follows : —
" To his Exelnsey Joseph : Dudley Eq£ Captayne Genarall and Goven' in Chieff In and
over the Provins of the Massachusets Ray in Newengland Now in Councill and to the
honar'.' the house of Representatives Now Convcnd —
Tim2 Clarke his answar to Coll Wolfgang Willn? Romar his memoryall in way of
Complaynt agaynst sayd Clark
Hnmbley Sheweth —
1 : That wharas tho sayd Coll Romar Complaynes to yor Exell"/ = and this honare^
Court of my insolent and Rude behaviour towards him makeing of it my dayly buisness :
to Rendar him vucapable — to finish what ho hath begun and hitharto Carryed on on
Castell Island/ teling the workmen that If thay follow such dirictions — and work on
such plasis as he the sd Coll Romar gives ordars thay must Expeckt thare Payment
from him/ for yt he will nott Pay them one farthing and that my design : tharin hath bin
for Noe other End then tharby to strike att his Reputation and vndarvalue his Judgment/
These things I vttarly deny
2 : That I did on the S'^ day of this present m? ock'f as one of the Committy appinted
by the great and Genarall Court or assembley for the laying out of the mony granted by
the same towards fortifying Castell Island and to give ordars for the Reparations — or
makeing new fortificationes on sd Island — /forbid mr : Townsin bulding of a Cookrum
aCcoi'ding to Coll Romars draft given him / by Reson the same Must vnavoydably be
taken down the next spring and the sd Townsin teling me that it would take him vp
two or three weekes time to doe the same and yt he Could buld such a one of the same
demtiones = as I then prescribd to him in two or thro days which would answar the
End for what it was designed — / and that I did Sattarday following being the lO':''
Instant Refues to Consent or give ordars for the bulding a stone wall with lime morter in
the Norwest flanker on the north battery which Coll Romar would haue had dun Con-
trary to the oppinnion : and Judgment of sobar knowing workmen — well aquaynted
with the nature of the frosts in this Cuntrey and Contrary to what the sd Coll Romar
and my selfe had agreed on : the day before viz' that the sd wall should not be bult this
yeare for sundrey good Resons then given for the same / and farther that I did forbid
the masons to leaue of thare work : to goe to work on the stone wall teling them if: thay
did I would not Pay them one farthing for itt the sd workmen being imprest by your
Exell.y^ Warrant for the makeing such New fortificationes &c on Castell Island as the sd
Comniity : should ordar and direckt thare to be dun — / and farther that I did ordar the
sayd masons to Continue working on the brick Parapitt then by them bulding on the
south side of the old Castell which the sd Committy had fore dayes before agreed that
the sayd brickwork should be finished and then to shut vp the Masons work for this
winter for good Resons then lying before them — Though Coll Romar would haue tho
workmen leaue of workin on the brick work and and* procede on the stone wall before men-
choned / all these things I owne and that the sd Commity had good Power and authoi-ity
soe to doe I am Ready to Produse — / and that what the Commity hath dun as before Is :
for the good of the workes and saueing the Cuntreys mony I shall Indeaver to Proue —
Boston : ockL^ 29th 1702 Tnio Clarke." - Ihid.,p. 594.
The hearing proceeded according to the last appointment, as appears by the following
entry : —
"Oct. 30, 1702. This day being Appointed for a hearing of Coll" Roraer, & Capt
Timothy Clarke upon the Memorial or Complaint presented by the said Coll" Romer
against the said Clarke The Representatives, were Sent unto. And M'' Speaker, and the
House being Accordingly ready the said hearing was attended this Afternoon before the
whole Court." — Council Records, vol. VII., p. 324.
What was the immediate result of this hearing does not appear. It is certain, however,
that thougli, during this session, both members of the committee were rewarded for their
service, the Council, during the session of the next Assembly, advised that Captain Clarke
be dismissed, that Col. Romer be encouraged to take the whole direction of the work, and
that Brattle " continue to undertalte the service for providing materials and necessaries for
the works," to which the House yielded a reluctant assent. See resolves, 1702-3, chapter
15, and note.
Chap. 36. This chapter is from council records, vol. VII., p. 320, and archives, vol.
17, p. 87.
The petition mentioned in the preamble to this chapter was as follows : —
724 Province Laws (Resolves etc.). — 1702. [Chap. 37.]'
"To, his ExcelK-"'; the Governour The Hon'^,''' Council & Representatives in Geni^";.
Coiu't Assembled. —
The Humble Petition of Martha Dady of Charlstown Widow
Sheweth
That Whereas William Dady late of Charlstown Deceasd about twenty j^ears Since made
his Will, & disposed of his Estate to his Children Viz' ; a Son & a Daughter, after
ye Decease of his Widow yor poor Petitioner; Leaving y; Iniprovment of his Estate for
ye Support of yo'': s^i; Petitioner during her Natural life, It So happening that the s^:
Estate lyeth in two Messuages or Small Tenements in Charlstown & Some few Small lotts
of outlands w'^' : the Testator Impoweied his Execuf^f to Sell, & have been Sold to pay
Debts &c the Income of s^: Estate is in no wise nor hath ijeen of late years in any
measure Suffitiant to Support your Petitiuner ; The s^i : Messuages being now also much
out of Repair, Yo' : poor Petition' ; is reduced to extream poverty & distress, She haveing
made applycation to y^ : Inferiour Courts for Releife, She hath been Informed y' : they
are altogef : uneapable of affording any to her.—
Wherefore j'o' : poor Petition''; flyeth to this Great & Hon''^''"; Court for help; And
prays that you will be pleased to take y^ : poor & destitute Coudicon of ye Widow into
yo'' ; most Serious consideration. And cause it to be Enacted y' : She may Ije Eiialiled, or
Some meet Person may be Enabled to Sell Some part of y« : Estate afore sJ ; that y :
Remaind' ; may be made proffitable to j'our Petition'' : & y' : She may be Supported &
Susteined the Residue of her life, And yo' ; Petition'': as in duty bound Shall Ever
Pray&ca Martha Dady."— Mass.
Archives, vol. 1 1 , p. 81.
This petition was read, first, in the House, on the twentieth of October. It was read
again on the twenty-first, when the vote which constitutes this chapter was passed and
sent to the Council, for concurrence. It was concurred in and consented co on the twenty-
fourth.
Chap. 37. This chapter is from archives, vol. 3, p. 99. It is recorded in council rec-
ords, vol. VII., p. 321.
The following is the account of charges referred to in the preaml)le to this chapter : —
"An Accompt of Disburstmi^ & charges of hire of men, Indians horses Provisions
&c.' On a journey to Connecticot in Order for the settleing the line of the Bounds between
the CoUony of Connecticot and this Prcjvince May 6* l'02.
Paid two men y' came from Wrentham to goe along with j'^Indians • 0 ., . 6 „ —
Paid for ferradge of y* liorse & keeping one night 0 „ . 3 „ 6
Paid for Bisket 3/ lorf.^ Ijacon 8/6 Neates Tonges 8/ Sugar 2/ greater
Tind Pott 2/ lock 6'/ 'mending a Port Mantle &ct . . . . . 1„.4,, 8
Paid the Two English men & Indians at Several times being deducted
out of then- wages 5 ,, 19 ;, 9
Paid our Part of £8.1 ,. 1.t„ —being disburstments in our journey from
Boston to Hartford £1.5^ 8,, 10 being the sum Allowed by y' Con-
necticot Gentlemen 20,, .6,, 2
Paid John Graves of Hartford for pastureing horses . . . . ^,.9,, 6
Paid ferradge comeing over Connecticott river <, •2.., —
Paid for Lodging victualing &ct at Wendham // 11 „ —
Paid two Pilots 3/ Paid at Plainfield 9/4 y, 12„ 4
Paid Li Ware as P his note 14/3^' Paid at Providence 2/ . . . * 16 „ 3
Paid att Rehoboth 2/6'' at Billings 3/8 at Dedham 6/' . . . . „ • 6 „ 8
Paid chaiges from Providence to Boston for 3 men & horses. We lodg'd
at Fennors 0.9.0 Att Turpins we Lodg'd two nights tSc a day by
reason of V Rain 0 . 16 . 10. at Fremans 0 . 5/ att Woodcocks 2/ at
Biliiugs l/6'f at Whites 6/ at Dedham 3/ 2 „ . 3 ,, 4
33„.1„ 2
The £2.T ,, . • ^ carryed w»_h us was Allowed in the last Accompt of Dis-
burstments 25 „ . . —
Remaynes 8 ,, 1 „ 2
Paid the 4. Indians in full of their wages 3 ^, 14 ,, 3
Paid Lt_Ware for his service & horse 30. dayes & for Sam'" Fisher in full
his Wages cVct as P accoy . . . " 6 „ 11 „ 9
Paid Lt_ Ware in full for y« wages of y"^ men yt went w^i y" Indians &
their horses as P rect 5 ,, 13 „ &
Paid James Taylor Jimi 31. dayes at 3/6'' 5„ .8,, 6
Paid William Griles as P his note 6,,11„ 6
Paid Thomas Child painter as P his note ,;-*^,/ —
Paid Samuel Clough as P his note 2,, .7„ —
Paid Joseph Halsey as l> note 1„ ..„ 6
Paid Samuel Wentworth as P note 3, .1,, 4
Paid Adino Bulfinch as P nota 3 „ 13 „ 6
Paid Josiah Byles as P note 3 „ . 2 „ 9
Paid for hire of three horses for mv Selfe & Attendance 32. dayes each
at 1/6'' P dav . . . . " 7„.4„^
Paid for a Skin of Leather 3/ a line 2/ ,„ 5,-^
Paid for a Copper plate for to find y" variation 2,,., —
Paid W[^i Southmaid freight of y'quadrant instrum'.s &c'. from Hart-
ford to Boston 1 // • • —
For my service in y" journey 29. dayes at 10/ F day . . . . 14 „ 10 —
£74,,13„ —
[Notes.] Province Laws (Jlesolves etc.). — 1702. 725
For my extraordinary paines & Service for y Space of one year & lialfe
at times for y prepareim; ^ littin;^ y Quadrant & niai<eiu;^ experiments
uutill its brouglit to yj perfection as it is, wj' is left to consideration
Jams Taylor." — Mass.
Archives, vol. .3, p. 09.
The items of the commissioners' part of the expenses of the journey to Hartford, the
total of which is {?iveii in tlie foregoing account, were as follows : —
" Accompt of Disbnrstments on a journey from Boston to Hartford part of w^h being
allowed by the ConnecticottGcntleiTi, May G':'' 1^2 U a d
Paid to Ficher at Dedliam ,, .4,, 6
Paid Weeloclc at Medfeild „.1„ 6
Paid L' Ware at Wrentham 3,, .8,,. —
Paid Lt Read at Mcndon 3„16 ..—
Paid at Oxford 1..13.. —
Paid for feradge at Aspinal's ,,.3 .—
Paid at Chancilers att Woodstock 1,/14„
Paid at Wendham i,'^ i, • —
Paid ferage over Connect river ,i -^ i, ' —
Paid for pasturing horses ,, . 2 „ . —
Paid ferage to Winsor ;,•!,,• —
Paid at Winsor at Severall places 1 „ . 8 „ . —
Paid for pasturing horses 1/4'/ 1 : quart rnm l/6f^ ^, „ 2„ 10
Paid Capt Whiteing to defrey our charges at Gilbert & Zachary's at
Hartforde 3„.8„ 11
Paid Burnam for Pasturing Horses „ . fi ^^ 8
Paid Mrs Russell at Hartforde where we lodged 2 „ 11„ , —
Paid v« Ferriman at Hartforde y<= bridge being broken downe for Horses
& Men „ 12,, . .
Paid for Sug^ & Liquor for our journey home ,, . 2 . . 9
20,. 6, 2
May 29'> This day made up our acco«s of Disburstment s & by j". Con-
necticott GentleiTi Acco'is amounted' to ye Sume of . . . . 15,, .8,, 10
£35,, 15,, —
V Jam s Taylor juny
House of Representatives IG octr 1702 Read." — Ibid., p. 100.
The order in Council* for the payment of this allowance was passed December 4, 1702,
and Tavlor credited himself with the amount in his accountf from May 27, 1702, to May
is, 1703.
Chap. 38. This chapter is from council records, vol. VII., p. 323, and archives, vol.
70, p. 578.
The "allowance formerly made," mentioned in the preamble to this chapter, was
ordered by the Council, as follows : —
" Dec. 29, 1701. Upon reading the Petition of Joseph Beane Interpreter at his Maj'y''
Fort Mary at Saco, praying payment to be made for the cure of his hand being almost
wholy shot away in his Maj'>'» service by the breaking of a gun.
Ordered. That a Warrant be made out and issued unto the Treasurer to pay unto the
Petitioner the sum of Twenty pounds for defreying the charge of his s^' cure.
And, a Wai'rant for payment of the same accordingly, being drawn up was signed by
all the Members of Council present at the Board." — Executive Records of the Council,
vol. 3, p. 279.
The petition was as follows : —
" Prouanc of the To His Exelancy Joseph Dudley Esq"' Cap' Gener" and
Masethuset Bay Gouenour in Cheefe and the Honnorhj^ the Couusell and House
in New england of Reprcsentitiues in Gonerall Assembly.
The Humble Poticon of Joseph Bane Ling^t of her Majestys ffort Mary att Sacoo:
shueth and sum of your Honnors I beleve Well Know that your poticonour of Late had
his hand Broke into peeces : his thumb and three fingers shoot off by spliting of a Gun :
Which was Iflered by ord£ of Cap* Turphry to sett the Watch att s'i fforte — Which
Wound Was Cured by Corny Packer : for : wci> Cure he Recaued of your Potici'" the full
sum of Twenty Pounds Money Which Was allowed your Humble PoticF b.y The Grate
and Gener" Corte and Paid him out of the Prouanc Treshurey : for Which your Potici is
Humbly thankfull for: and is herefrom humbly bould to Informe your: ExeF" and
Honnors that your Potic'i'' hath bin ffbced to pay to William Partridg Jnr the full sum of
foure pounds ten Shilings Money besids the twenty pounds Aboue Mentioned : for victtles
and Lodging and attendanc in the time of My Lameness : which I thought had bin all
satticfyed before : but appeers otherwise : therefore Would Humbly pray Your Exaliif and
Honnors to take my sad curcomstances into your serious Considderation : for I am but
of Late Releaced from Eight years Capttivety with y« : indains : and so sad an acsidant :
V)e follen me in Respect of my hand : Would Humbl.v pray y' the foure pounds ten shilings
A+ Mentioned may be allowed and Paid me by the Publik as I was Imedat then in the
seruic
and as in dntv Bound shall for Euer Pray —
York October y: 13^h 1702 Joseph Bane." — Mats.
Archives, vol. 70, P' d7S.
* Executive Records of the Council, vol. 3, p. 393.
t Mass. Archives, vol. 122, p. 166.
t Sic.
726 Provixoe Laws {Resolves etc.). — 1702. [Chaps. 39, 41.]
The order in Council* for the payment of this allowance was passed December 4, 1702,
and the province treasurer, in his account, t charges the same as paid to Bean.
Chap. 39. This chapter is from council records, vol. VII., p. 324, and archives, vol.
45, p. 286.
The petition mentioned in the preamble to this chapter was as follows : —
"To his Excellency Joseph Dudley Esq; Captain General and Governour in Chief in
and over her Ma'ys Province of the Massachusetts Bay in New England and the HonWe
Council & Representatives of her Ma'ys s<\ Province convened in General Assemljly.
The Petition of John Wilkins of Mount hope cal'J Bristol in the Province abovesaid —
Humblv sheweth —
That in theyear 1680 John AValley Nathan] Oliver Nathaniel Byfield & Stephen Burton
then all of Boston Merch'^ purchased of the Government of the Colony of New Plymouth
all that Tract or parcel of Land situate within the s^ Colony called and known by the
name of Mount hope with the neck thereunto l)elouging called and known by the name of
popasquash neck under certain Conditions mentioned in Articles of Agreement entred
into by the said Purchasers with the Coinittee of y" Government of New-Plymouth
aforesj and. That the sd John Walley, Nathaniel Oliver, Nathaniel Byfield and Stephen
Burton having purchased the sd Tract of Land as afore mentioned, admitted divers per-
sons to be Partners with them therein, & amongst others your Petitioner for a two and
thirtieth part and entred into certain Articles in'Order to the Settlement of the s^ Neck of
Land and for the encouragement of all such persons as they should grant Deeds unto for
any part of the s<J purchase, wherein it was provided and agreed that there t^hould l>e laid
out one hundred and twenty eight house Lots, with divers other Articles & Covenants, as
by the same Articles, (copy whereof is herewith presented^ at large appears, of which
articles or Covenants have not yet been complied with, nor any due or regular settlement
yet made of the s'l place (now Called Bristol) nor division of the Lands there so that the
particular property and Interest of the several Proprietors is not ascertained, which is
likely to prove greatly prejudicial to many that have bought an Interest in the s^ Lands,
And'will be the occasion of ruinous & endless Law Suits, Unless provision be made by
this hon'jie Court for the preventing of y same and the mischievous consequences thei-eof.
Your Petitioner therefore humbly prays That this honbie Court would please to appoint
a Comnnttee of suitable persons to make inquiry into the settlemt of the s4 Tract of Land
cal'd Mount hope, & how far the first Purchasers thereof have complied with tlieir Articles
and Agreemt And to make report what is necessary to be done for the due and regular
settlement of the s'l place, and that this honi^'e Court would thereupon make such set-
tlemt thereof as may be for the peace & quiet of ye Inhabitants of y same & preventing
those mischiefs that are likely to ensue in case such a settlem? be deferred —
And your Petitioner as in duty bound shall ever pray &c./ —
John Wilkins." — Mass.
Archives, vol. 45, p. 286.
This petition was read, first, in the Council, October 20, 1702, and the resolve which con-
stitutes this chapter was passed thereon and sent to the House for concurrence. On the
thurtieth the resolve was read in the House, and " ordered a concurrence."
Chap. 41. This chapter is from archives, vol. 70, p. 582. It is recorded in council
records, vol. VII., p. 326.
This chapter was based on the following petition : —
" Province of the To His Excellency the Governour, Council, & Repre-
Massachusetts Bay sentatives conven'd in Generall Assembly the IS'.** of Octo-
ber 1702 —
The Humble Petition of the Town of Marblehead
Humbly Sheweth.
That whereas By severall Acts of Assembly made in this Province there is to Be Paid
By the master of Every ship Or Other Vessell above twelve Tunns coming Into Any Port
or Ports of this Province to trade or TrafHck The Major Part of the owners whereof are
not Belonging To this Province Every such ship or Vessell Doe Pay the summ of 12*? pr
Tunn or one pound of Good And New Gun powder for Every Tunn such ship or Vessell
Is in Burthen to Be Employed for the supply of His Majestie's Castle and Fort within this
Province. —
... & whereas all along till within this Last Year or thereabouts all the Powder money
that was from Time to time Collected at Salem and at Marblehead By Virtue of that Act
AVas Remitted to Boston for The supplv of Her Majesty's Castle and forts there
. . . And whereas The Town of Salem have lately Obtain'd a Grant of all the Powder
money that shall arise or Become Due from any ships or Vessells that Come In as well to
Marblehead as to Salem, and Applv The same wholly and onelv to the Use of said Towne
. . . And whereas there is a Fortification at Marblehead Very Important to this Province,
the necessary and ordinary Charge whereof is Very Considerable, and which also Is upon
all occasions, ol)liged to Expend Their stores of Powder and other Ammunition
. . . The Town of Marblehead Dos therefore most Humbly Pray the favour of this
Great and Generall Asseml)ly, that If it might Be, all the Powder Money that for the
future shall Become Due and Be Collected at Marblehead may Be applied to the Use of
Her Majestie's Fort in said Town
And Your Petitioners as in Duty Bound Shall Ever Pray
Edward Brattle Representative-
for Marblehead In the name of S'J Town." — Mass. Archives, vol. 10, p. 381.
* Executive Records of the Council, vol. 3, p. 395.
t Maes. Archives, vol. 122, p. 162.
[Notes.] Province Laws (Resolves etc.). — 1702. 727
Chap. 42. This chapter is from council records, vol. VII., p. 3'2G. It has not been
found in tlie arcliives.
The petition referied to in this chapter has not been discovered. The original grant to
Corlet was as follows : —
" Nov. 7, U168. In aiis' to the peticon of M"" Eljjah Corlet, the Court hauing considered
of tlie peticon, & lieing informed the petitioner to t)e very poore, iSt tlic country at present
having many engagements to sattisfy, judge meete to grant lum ?i\Q Imndred acres of
land where he can finde it, according to lawo." — Masn. Colony Records, vol. IV., part
II,p.40G.
This land, it seems, was located and surveyed by David Fiske in IGS 1. This location
and survey were accepted by the General Court, as appears by the following entry : —
[At a coiu't begun and held May 17, 1684.] "The Court judgcth it meet to allow of
the farme of fine hundred acres of land, as in the map annext, to M'' Elijali Corlett, by
order of M'^ Margery Flynt, that purchast the same, to whom it was granted, as in th?
Courts order therevnto athxed." — Ibid., vol. V., p. 443.
The following appears to be Haynes's perambulation : —
"Layd out In 01)edience To .y Graunt of The honoured General Court fine Hundreed
acres of Land Vnto Mrs Margery flint Being graunted by : ye General Court To mr
Elijah Corlet in 1668: Surueid by: m'' Dauid Fisk by order :"o*f MaJor General Daniel
Geogins : In the Year 1674. And Preambulated by Dauid Hayns The 13 Sept'"' 1701 :
begining at y*' most South pond at Quansigamog Runing a Line 150 Rods south W by S :
from thence runing A Lyne south E by E 450 rods : from thence On a north poynt 162
rods from Thence The Riuer being y Bounds Toy Place whare It Began There is la
y« Bounds of This farme about 60 or 70 acres of meadow : some Part of This farme is
Pine Land : some Oak Land and some Chestnut." — Maps and Plans, vol. 3, p. 36.
The original draught of the resolve which constitutes the present chapter was as
follows : —
"Resolved — That the Land Described in the Piatt on the other Side, be Allowed and
Confirmed as the live Hundred Aeres of Land which were Given by the Gen\i Court of
the Massachusetts Colony in the Year 1668. to M'' Elijah Corlett late schoolmaster in
Camlji'idge Provided It doth not Interfere with any former Grant, or Grants of the
GenH Court."— 76 jf^.
This resolve was passed in the House of Representatives, June 10, 1702, and ordered to
be sent to the Council, for concurrence; but no further action seems to have been taken at
that time. On the thirtieth of October the House ordei'ed that this resolve, among
others, "be revived and sent up for concurrence." It was read in the Council, on the
second of November, and passed, in concurrence.
Chap. 43. This chapter is from council records, vol. VII., p. 327, and archives, vol.
70, p 587.
The petition refeiTcd to in the preamble to this chapter was as follows : —
" Octob-- 20'h 1702 The Humljle Pet',' of the Soukl'^ belonging to her Maj'l«s Castle
To his Exceli-Y the Governour Liev'. Govr & Honbie Council & the House of Representa-
tives now Convened in Generall Assembly 15'.'' Octoby 1702
Humbly sheweth
That we yo^ Pet^s are very hardly put to it, for want of Bedding to keep us Warinc,
Wee find it very Cold already, which moves us to Supplicate yor Excell.y & Honours in
time, the Winter comeing on, It is so hard with us That some of us are forc'd to Lye
upon y boards. Wee hope yo'' Hours Pardon,
And Crave yo'' Honi;f to take our Sufferings into yoj serious Consideracou3 That wee
may be able to Accomplish our duty & be a means to p'lvent sickness amongst us as wee
are in Duty bound shall for Ever Pray &ca
Jx'p MORS Hexry Lyox Tho : Mackalister
Jose : mosly Richard deming* 3^'^ Hooper
JosB: Waigh Thom.\s Steuen.s Nath: Raynolls
Dauid mors Jonathan milboubne Edmond Ward
Edmon Haris Jas Dunkkix Jxo Euerdon
Thom : dill s.oiuel gary Joseph merifill
Da^' Hoar Jo.seph nelen Jno Barr
JONA : HOAR JOSIAH BRIDGES ElISHA AlLEN
PetR Buts Thomas Russell Thomus ffermax
Ecca" Homs Jeams Robin Jx9 .sweeting
Dan: Ros Jos;Brunhol S.am : Stone." — Ma$».
Archives, vol. 70, p. 586.
This petition was read, first, in the Council, on the twentieth of October, and sent to the
House, where, on the same day, the resolve which constitutes this chapter was passed, and
it was concurred in by the Council on the second of November. On the fifth of November
a vote was passed in the Council, f advising and consenting that his excellency issue a
warrant to the province treasurer, " forthwith to procure & provide " the bedding required
by this order to be provided, and to deliver the same to the captain of the Castle, for
the use of the garrison, " and to carry the amount of the cost thereof to accompt of the
publick Treasury."
Chap. 45. This chapter is from council records, vol. VII., p. 332, and archives, vol.
87, p. 24.
* Or, Dowing.
+ Executive Records of the Council, vol. 3, p. 3S3.
728 Province Laws {Besolves etc.). — 1702. [Chaps. 46, 48.]
The petition mentioned in the preamble to this chapter was as follows : —
"To his Excellency Joseph Dudley Esq? Captain General and Governour in chief in
and over Her Ma'y^ Province of the Massachusetts Bay in New England — and to the
Honbie Council & Representatives of her Maty* sd Province in General Court assembled. — ■
The Petition of Louis Boucher of Boston Merchant
Humbly Shewcth
That on the tenth day of March last past a Fire broke out in his or the adjoynin^
Warehouse situate in Boston afores"?, in the night, which made such advance before it was
discovei'ed, that notwithstanding ail possible "care and endeavours afterwards used, the
sd Warehouse and Goods therein to the value of several Thousand pounds, as also all
your Petitioners Books papers and Accompts, were consumed by the s'} Fire.
Forasmuch therefore as yo'' Petitioner having for some years past had considerable
dealing with divers persons, hath thereby contracted several debts, and hath some Thou-
sands of pounds owing to him in the Province afores'i for accompt of himselfe and of his
Friends and Imployers in England — which debts yoj" Petitioner, by reason of his Books
of Accompt and papers being burnt as afores'i, is disabled from recovering by Law from
any of his Debtors that may have designs of defrauding him thereof —
Your Petitioner therefore humbly prays That some honest & fit persons may be
appointed & fully impowred by this Honbje Court, to call before them and examin upon
Oath such person and persons as having had dealings with & being indebted to your
Petj shall refuse to give unto him a fair & satisfactory Accompt thereof, in order to the
ascertaining and adjusting the delrt or debts from them severally owing to your Petitioner.
Or, that your Excellency & Honours will please in such other way and manner as to you
shall seem fit & reasonable, to Provide for the relief of your Petitioner in the premisses
by enabling him to recover the debts owing him as aforesaid —
And your Petitioner as in duty bound shall ever pray &c —
Louis Boucher." — Mass.
Archives, vol. 87, p. 24.
This petition was read, first, in the Council, on the third of November, when the resolve
which constitutes this chapter was passed thereon and sent to the representatives for con-
currence. On the fifth it was passed, in concurrence, by the House and consented to by
the Governor.
Chap. 46. This chapter is from council records, vol. YIL, p. 332, and archives, vol.
70, p. 591.
The petition mentioned in the preamble to this chapter was as follows : —
"Province of the ) To his Excellency the Governour, Council & Representatiues
Massachusetts J of Her Maters S;i Province in General Court assembled —
The Humble Petition of John Parke 'of New-Town in y^ County of Midd^ within Said
Province
Humbly Sheweth,
That whereas yo"- Petitioner in the Service of the Countrey against the Indian Enemy
(Under the Comand of Capt. Richard Beers) in an Ingagement with SJ Enemy Received
a Wound in his Elboe whereby his life was greatly Indanger'd & the Joynt of his Elboe
wholy Lost — whereby Yo'". Petitioner is Greatly Debilitated and dis;ibled for Labour
whereupon the Maintenance & Liuely-hood of himself & his family doth wholy depend,
Having no Other Calling Init Husbandry, And no help for the Management of that —
Yoi- Petitioner is hereby Greatly Expos'd & needs Relief, And doth therefore (Humbly
Confideingin yorHono" Compassion) Address this Honorable Court to take into Con-
sideration his Case with the Circumstances thereof, & Extend Such Relief as in Yor Great
wisdome Shall Seem Meet
And Yo"- Petitioner Shal as he is bound in duty. Ever Pray &c
his
October 27* 1702 Jonx R Parke." — 3/asj.
Archives, vol. 10, p. r,01. n'arke
This petition was read, first, in the House, on the twenty-ninth of October, and referred
to a committee. On the next day the resolve which constitutes this chapter was passed
andfteiitio tlif Coiiiicil, fur c-oucurrence, and on the fifth it was passed, in concurrence, and
consented to by the Governor.
The province treasurer's account,* from May 26, 1703, to May 31, 1701, contams an
entry showing that this payment was made.
Chap. 48. This chapter is from council records, vol. VII., p. 334, and archives, vol.
For the earlier proceedings in this controversy, see resolves, 1696-7, chapter 10, and
note It was there shown Ihat the parties, Gilison and Gove, were granted a hearmg
before the General Court, on the twelfth of June, 1696, in which certam testimony was
introduced by Gibson. The deposition of Daniel Smith therein mentioned was as
follows : —
" Daniel Smith of Charlestown of full age testifieth That he being at the house of Joseph
Lynde Esq'- the 18tH dav of March last, there being then an action dependmg between
John Gove and Samuel Gil)Son both of Cambridge, the Attachment lieing read, s'l Gibson
pleaded Title of Land, and said he had as good a right and title to both Land and wood
as him that sued him, and pleaded to rhe Jurisdiction of the Court, and prayed that the
Law pa^'e 49 mi-'ht be read M'- Lynde said he would not read it. SJ Gibson then tooke
the Law book and read it, Saving'the cause was not tryable liefore a single Justice by
that Law tlierelore he would not jovne Issue, neither was he provided, then M'' Danforth
gave in the papers to M'- Lynde to be read, sd Giljson Said he would save them a labour
• Mass. Archives, vol. 122, p. 192.
■[Notes.] Pkovince Laws (^Resolves etc.). — 1702. 729
of reading' the papers for lio wonlfl appeals upon the pica that he had made, and before
any paper was read laid down '2 shilling's iijion y" Table and prayed that his Plea misht
bo eutred which was refused, and also produced a Precedent from Hoston of the like case,
nevertheless the, Justice proceeded to read their Evidences and forthwith past sentence of
forty shillinirs and cost. sJ Gibson beiiiif the meantime a writiiii; at another Table look-
ing up prayed M'' Lyndo to show him a Law for it, he said ho would not, s^ Gibson said
he knew ho could not, and the appeal was entred from the Judf,'oment. and further add
that s'i Gibson at cveiiin!^ dosircd my selfe and William Cutter to go with him to Justice
Lvndo house and desired liim to enter his Plea of Title of Land, which was refused Said
Gibson, boini^Mcry nrneiitMfLynde said he should be at the Court and he would own it
there.
Daniel Smith sworn and examined upon his Oath in General Court 12. June 1696 — tes-
tifyed the substance of the within written Evidence. ^^^
IsA AuDiNGTOX Secry." — Mass.
Archives, vol. 40, p. 7G2.
What debate ensued upon the hearing has not been ascertained; but it would seem that
there was a conflict of opinion l)etween"the two branches, and not entire harmony in the
House, when, on the lifteenth, the following votes were passed: —
" Voted, That upon the within named Samuel Gibsons Plea of Title of Land being con-
cerned the Writt ought to have abated.
Voted. That the s<i Samuel Gibson was denyed An Appeal upon his Plea to the Juris-
•diction of the Court
Voted That sfi Gibson be enabled to bring his Case by Writ of Error before the next
^uperiour Court to lie holden for the County of Midd--? and that the damage together with
the whole Costs of both the Courts before Mf Justice Lynde & the Inferiour Court of
Pleas be determined with the Cause." — Ibid., p. 765.
These votes were forthwith sent to the Council, for concurrence ; but the Council " voted
a nonconcurrence," on the same day.
Upon this disagreement, the House proposed a conference on this and the case of Rich-
ardson vs. Fowle,* to which the Council agreed, voting that it be had "upon the first
Friday of the next sitting of this court." This was concurred in by the House; but on
the day appointed (September 18, 1696), the conference was continued to the thirtieth, and
■when that day arrived it was again postponed to the second of October, at ten o'clock a.m.,
at which time the conference was held, but without resulting in an agreement.
No further trace of this controversy in the Legislature has been discovered until the
presentation of the following petition in the second session of 1702 : —
" Province of the To his Excellency the Governour, Counsell, And Assembly
Massachusets Bay in Generall Court Conven'd y^ fifteenth Day of October 1702
The Humble Petition of Samuell Gibson of Cambridge
Sheweth
That your Petitioner on ye 18 Day of March. 1694/5 was Sued before M'' Justice Lynde
of Charleston by John Gove of Cambridge in an Action of Trespass upon the Law of this
Province against cutting of wood, and Timber in another mans Land and your Petitioner
did there Justify the supposed Trespass and plead that the Land upon which the Trees
were cut did not belong to the Plant^" but to the Town of Cambridge whereof the
Defend} was an Inhabitant, and Proprietor, and prayed that the matter might not be pro-
ceeded upon before his WorshP for that the Title of Land was concerned, but Notwith-
standing the said Justice proceeded to Give Judgment against your Petitioner for forty
shillings damage, and taxed a Bill of Cost at Thirty four shillings wherein he has charged
your Petitioner with Excessive Fees from which Judgment your Petioner appealed to the
next Inferiour Court to he. holden for y« County of Midd^ and assigned as the reason of
his appeale that the Justice had not Jurisdiction in the Cause because the Title of y« Land
was by your Petitioner's plea brought; into Question whereupon the Justices of the Infe-
riour Court proceeded to Examine the Said matter of y Justices Jurisdiction and deter-
mined the same against your Petitioner and gave Judgment finally against him that the
former Judgm' should be confirmed, and would not admitt him to plead to y" merit of j"
mattp Now for as much as your Petitioner Conceives y' y proceeding of y sd Justice
Lynde was Irregular, and for as much as yotir Petitioners Plea to his Jurisdiction being
overruled at y« Inferiour Court Judgment ought not to have been given finally and per-
emptorily but he ought to have been permitted to plead issueably. & your Petitioner has
no relief or Remedy in y" Premisses in y ordinary course of the Law. He therefore
humbly represents the same to your Excellency, and Honours, and prayes your Direc-
tion, and assistance therein.
And your Petitioner does further crave leave to represent to your Excellency &c That in
ye year 1696 he did preferr his petition of Greviance toy Great, and General] assembly of
this Province, relating to y^ premisses, and the house of Representatives as will appeare
by their Journal! did resolve that M'' Justice Lynde ought to have abated sd Goves writt
Title of Land being concern'd and pleaded. And also that the sd Gibson should be enabled
to bring his Case by Writt of Error before the next Superiour Court to be holden for y*
County of Midd^ and that ye Damage togeathcr with the whole Costs of both the Courts
before Mi" Justice Lynde and ye Inferiour Court of Pleas be Determined with ye Cause
But nothing was done in Concurance therewith by ye honourable, ye Council, and There-
fore your Petitioner does once again Renew his petition to this Great, and Generall Assem-
bly for such relief as to their great Wisdome, and Justice shall see meet & to appoint Your
Petitioner a Day for Hearing & Proving his Petition —
And your Petitioner as in Duty bound shall ever pray
Samli. Gibson." — /Jiff.,
p. 767.
* Resolves, 1696-7, chapter 11, and note.
730 Province Laws {Resolves etc.). — 1702. [Chaps. 49-52.}
This petition was read, first, in the House, on the twentieth of October. On the twenty-
first it was read a second and third time, when the resolve which constitutes this chapter
was passed.
Bv the following entry it appears that it was fir:?t read, in tlie Council, on the twenty-
fourth of Octoljer, 1702 :" —
" Oct. 24, 1702. A Petition of Samuel Gil^son of Cambridge Complaining of a Mistryal
of a Case Sometime Since brought against him by John Gove before M'' Justice Lynde, and
removed to the Inferiour Court of Common Pleas within the County of Middlesex, Sent up
from the Representatives with the resolve of that House thereupon. That the Petitioner
ought to have a hearing before the whole Court, was read and referred to further Consid-
eration."— Council Records, vol. VII., p. 321.
The action of the Council is shown in the foot-note to this chapter. See, further, resolves,
1702-3, chapter 8, and 1703-4, chaptei's 3, 56 and 63.
Chap. 49. This chapter is from council records, vol. VII , p. 335. It is preserved in
archives, vol. ^S, p. 235.
The petition upon which this chapter is founded was not printed in the note to the act
of June 7, 1098. It was as follows : —
'• To his Excellency Joseph Dudey Esq"" Captaine General! & Govern in Cheife of her
Majt;^^ Province of the Massachusets Baye &c tS: to the Honourable the Council & Repre-
sentatiues Conueined in Generall Assembly Octob"' 15'.^ 1702;
Whereas by an Act of the Great & Generall Court of this Province, to Prevent
Encroachments upon high wayes & streets &c, it is Provided and enacted that hence-
forth, no Edifice, building or Fence whatsoeuer, shall be Raised, erected, built, or set up,
in, upon, or oner, any of the said Rhoads, highways, streets, lanes, or alleys, in any
towne within this Province, or any part of any of them ; whereby to streighten the
passage, or any wayes Lessen, the full Breadth of any such, Rhoads, highwayes, streets,
Lanes or Alleys ; &c Provided that this Act shall not be Intended or Construed to intend,
the prohibiting of the Seting up of any Conduit watch-house. Cage or stocks, for Publicke
use, in, or upon any hiah way or street &c
It is therefore Humbly moved to this Great & Generall Court for their Resolution;
whither the seting up of a Court-hous.', or school-house in the street, of anj- Town within
this Province where the street is so wide, as to Leave not Less then Twenty five foot Clear
for passage on each side of said Edifice; be not allowable within the True meaning &
intent of ""the aboue Recited Act ; Natha'- Btfield
Archives, vol. oS, p. 233. Ebenezer Brenton." - Mass.
This petition was read, first, in Council, November 4, 1702, and the resolve passed there-
upon was sent to the House, for concurrence. In the House the resolve was i"ead a first
time, on the fifth, and on the ninth it was passed, in concurrence, and signed by the
Governor.
Chap. 50. This chapter is from council records, vol. VII., p. 385, and archives, vol.
62, p. 420.
The petition mentioned in the preamble to this chapter was as follows : —
" To his Ex<^ Joseph Dudley Esq"; Captain General and Governour in chief in and over
her Ma'." Province of the Mass ichusetts Bay in New England and the Hon^ie Council and
■ Representatives of the si Province convened in General Assembly, Octi 1702
The Petition of Epaphras Shrimpton and Samuel Shrimpton of Boston Merch'f
Humbly shewetli
That the Briganteen Weymouth John Rayner Master (of the major part of which your
Petitioners were Owners) in the month of January last past, being on her passage from
the Bay of Campoacliy bound for Boston, was cast on shore upon the Sands lying off y»
Island of Nantucket, and there broken to pieces and lost together with part of the Loading
of Loggwood that was on board the Same.
Your Petitioners therefore, on behalfe of themselves and other Owners of the s'' Brigan-
teen humbly pray That the Dutys of Impost by Law payable for such part of the s'f Brig-
anteens Loading of Loggwood as was Saved, may, on consideration of their Loss afores^
be abated, And that order may be given to y^ Coimssioner for Impost to abate and remit
the same accordingly.
And your Petitioners, as in duty bound shall ever pray &c
Sam : Shrimpton
Epa Shrimp roN." — Mass.
Archives, vol. 62, p. 419.
This petition was read, first, in the Council, on the third of November, and sent to the
House of Representatives, where, on the sixth, the resolve which constitutes this chapte"
was passed and sent to the Council, for concurrence. On the ninth it was passed, in con
currence, and consented to by the Governor.
Chap. ~i\. This chapter is from archives, vol. 119, p. 201. It is recorded in council
records, vol. VII., p. 336.
Chap. ii2. This chapter is from cotmcil records, vol. VII., p. 336. It has not been
found in the archives. See resolves, 1698, chapter 68, and 1701-2, chapter 12, and notes.
The petition mentioned in the preamble to this chapter has not been found.
The hearing was had on the thirteenth of November, as shown by the following entry : —
"Nov. 13, 1702. The Resolve past Iiy the Board on the 10"' Currant for a hearing of
Seth Perrv, and Sampson Moore upon" their Petition for Sale of a House, and Land in
Boston formerly Belonging to Ann Sheffield for payment of her Debts; being Concurred
[Notes.] Provincr Laws (Resolves etc.). — 1702. 731
with by tho Representatives, and Joseph Holmes wlio pntemls a rif,'ht to the said house,
and Land Ijcini; Notified to Attend with tho I'otitioners this Day, They Atlendcd Accord-
ingly ; And his Kxi-eUeney and Council removing down to the llepresentaiives Room,
they were there heard before the whole Conrt
And tho said hearing being ended ; his Excellenc}', and the Council returned to their
Chamboi*." — Council Records , vol. VII., p. 341.
Chap. 53. This chapter is from council records, vol. VII., p. 336, and archives, vol.
121, p. 110.
The petition mentioned in the preamble to this chapter was as follows : —
"To her maj'j honourable conncell of the prouince of the Masathusets bay and Repre-
sentatlues asscnil)'ed. in this presant sessions this 27"' day of may 1702 — where as the
Great & General! conrt at thir sessions the Fiightenth day of febrnary Last past, upon a
full hearing of the deflTeranoe betwen tho towns, of Taunton, Dartmouth, Littell compton,
tiuerton, and freetown within the county of bristol, in lletferance t > the charge of bulding
the bridge newly erected oner taunton Great Riuer &c: it was Resolued that the charga
of building said bridge be defrayed the one halfo l)y tho town of taunton, and the other
halfe by the aboue" named towns of freetown tiuertown, Littell compton and dart-
mouth, &c:
And we tho subscribers being the select men of said taunton haue carfuUey vewed the
alione said bridge (which Liuetenant Jared Talbut of our town hath built & l)in at the
whole charge there of) and we find that y sd bridge is well built and couered with sawn
oak plancks workmanlicke, and the sd Jared Talbut hath often bin with us to pay him
or bo helpfuU to him that he may Ijo paid, and his demand is eighty pounds (and all
though we could be glad it weare Less.) yet we canot say but he honistely deserues his
demand, for it is neere twenty pounds Less then y first Ijridgo cost, and we are satisfied
that not to pay him his demand would be injustice. And now our desire & petition is that
this Great and Geuerall court would take sum spedy and effectuall care and ordor, that
all of said towns lie proporshoned, each town it's proper and perticular part of sd charge
of eighty pounds, according to sd Resolue, and ordour to said towns forthwith to Raise
said mony, and sum meet person to l)e appointed a Receiuer of y" same; and to pay
the said Liuetenant Jared talbut, that he may no Longer be without his pay, for tis
pity any person shuld suffer or be discouriged in seruing the publick, — or to take sum
other method that may seme most meet to this Great and Generall court. And what elco
is needfull on our parts we Leaue to the management of our Representatiue m'' Robert
Crosman &c : which will euer oblidge your petitioners to pray &c
Joseph Willis ]
Ezra deax I Select men." — Mass. Ar-
Thomas Williams. J chives, vol. 121, p. 110.
This petition was read, first. In the House, on the tenth of .June, when the order which
constitutes this chapter was passed, and ordered to be sent to the Council, for concurrence.
The C(juncil not having acted on this order, it was revived, in the House, on the fifth of
November, and again sent to the Council, for concurrence, and on the tenth tc was j)assed,
in concurrence, and consented to by the Governor. See resolves, 1701-2, chapter 81.
Chap. 54. This chapter is from archives, vol. 48, p. 3.53. It is recorded in council
records, vol. VIL. p. 339.
On the twenty-seventh of June the Governor prorogued the Assembly to the twelfth of
August, intendins;, in the recess, to visit the frontiers of the province. By two subsequent
proclamations this prorogation was renewed until tho fifteenth of October, when the
Governor again met the Assembly, and, after reportinsr the fact of his having "visited
all the frontiers to the eastward as far as Pemaquid," "in obedience to her majesty's
commands," and of his " conference with the sachems of those parts," he again earnestly
called their attention to the instructions he had received "referring to the building of
Pemaquid." To this conference with the Indians he attributed the suspension of hostili-
ties during the time of his absence, which had saved the General Court "the trouble of
an earlier meeting" — an inconvenience which, previously, he "was very apprehensive
would not have been prevented."
On this voyage* to and from Maine he was accompanied by members of the Council and
of the House, upon whose cooperation he now relied to accomplish the project of rebuild-
ing the fort at Pemaquid, in accordance with the direction of the Privy Council. Tho
party sailed in the Gosport, man-of-war, commanded l)y Captain Henry Crofts, whom
the allowance granted in this chapter was to compensate for the expense incurred in their
entertaininent. By the following entry, the money appears to have been advanced by
John Phillips : —
"July 6, 1702. Advised. That John Phillips Esq^ (who with others is nominated to
attend his ExcelJ'iv on a Journey to the Eastward, upon which his Excellency intends
speedily to set forward) do advance what and so much as is necessary to support the
charge of his Excelliy and the Gentlemen that attend him In the said Journey, and to lay
the accompt thereof before the Board." — Executive Records of the Council, vol. 3, p. 346.
The resolve which constitutes this chapter passed through all its stages on the eleventh
of November, on which day it was consented to by the Governor; and the order in
Councilf for the payment of this allowance was passed December 4, 1702. The province
* "July n. [1702.] . . Govr sets out for Newbury, and I for Boston." — SeicaU's Diart/, vol.
II., p. 60. On the third of August Dudley met the Counoil and :icquainted them " with his pro-
ceedings in his Voyage." — Executive Records of the Cou?icil,vol. 3, p. 3.52. The voyage must
have been betwfen these dates.
+ Executive Records of the Council, vol. 3, p. 393.
732 Province Laavs {Resolves etc.). — 1702. [Chaps. 55-58.]
treasurer's account,* ending May 26, 1703, contains a charge of the payment to Captain
Crofts of twenty pounds for the purpose named in this chapter.
Captain Crofts died on the fifteenth of December, probahly of the prevailing epidemin,
small-pox. and hence he received this allowance only a few days before his death. Sewall
gives him the following depreciative obituary notice : —
" xr. 16. . . . Heard the church [King's Chapel] Bell ring for Capt. Crofts. He dyed last
night. . . .
xr. 19. Is buried in the New burying place in Capt. Hamilton's Tomb. Corps was
first had into the church and a Funeral Sermon preach'il. For Dsbauchery and Irreligion
he was one of the vilest Men that has set foot in Boston. Tis said he refused to have any
Minister call'd to pray with him during his Sickness, which was above a fortnight." —
Diary, vol. II., p. 70.
Chap. 55. This chapter is from archives, vol. 62, p. 411. It is recorded in council
records, vol. YIL, p. 3'59.
This resolve is founded on the following letter to Major James Converse, Speaker of the
House of Representatives : —
"S"-
This is to remind you of yoj promise made to me on board o^, ship wch was to acquaint
your house of the Extraordinary charg I was att by haveing the Governour & the sev-
erall other Gentlemen on board, the allowce i wholely k-ave to yof selves & beg yof Ser-
vice herein w^ii will all ways oblige me to be
S'- Your Most humi^i SerJ
Boston the lO'.h Aug.' 1702 Jno Watson." — Mass.
Archives, vol. G2, p. 411.
This paper was read, first, in the Honse.October 19, 1702, when the resolve whicii consti-
tutes this chapter was passed and sent to the Council, for concurrence On the eleventh
of Novemlier the Council passed the resolve, in concurrence, and it was consented to by
the Governor. The order in Councilf for the payment of this allowance was passed
December 4, 1702.
For an account of the voyage of the Gosport, see note to chapter 54, supra.
Chap. 56. This chapter is from archives, vol. 101, p. 228. It is recorded in council
records, vol. VII., p. 340.
Hathorne and Peirce were of the Council, Converse was the representative from Woburn,
Brattle from Marblehead, and White (who was clerk of the House) from Boston ; but
what place was represented by Coffin, who is called "John" in the council records and
"James" in the archives and executive records of the council, does not appear, unless
Lieutenant Tristram Coflfin of Newbury is intended.
The order in Councilf for the payment of this allowance was passed December 4, 1702,
and the province treasurer's account,t ending May 26, 1703, contains an entry of four
pounds paid to each of the persons named in this chapter.
See notes to chapters 54 and 55, supra.
Chap. 57. This chapter is from archives, vol. 70, p. 609. It is recorded in council
records, vol. VII., p. 340 See resolves, 1701-2, chapter 104, and note.
The order in Councilf for the payment of this allowance was passed December 4, 1702,
and the province treasurer's account,^ ending May 26, 1703, contains an entry of the pay-
ment of this amount to Bogle.
Chap. 58. This chapter is from council records, vol. VII., p. 340, and archives, vol.
70, p. .584.
The petition upon which this chapter was founded is as follows : —
"To yo Honbio ye Great & Gen" Court or Assembly of her Maj'^ province of y" Massa-
chusts Bay in New England, now sitting in Caml)ridge./
The petition of Timo Clarke & Tho. Brattle
Humbly sheweth.
That whereas yo"' petitioners were appointed by y« Great & Gen" Court of said province
to be a Committee for y*' ordering & directing y reparation & new making of Fortifica-
tions on Castle Island, & to manage y-' laying out of y^ mony granted for that use, for
which their said Service it was Resolved they should be duely satisfied out of the province
Treasury. And whereas yo'' petition" have diligently attended said work all this year
hitherto, for above Seven months, expending their whole time therein, & have faithfully
discharg'd y trust reposed in them to y" utmost of their abilities, & are like to conclude
for thisyea'r in a very short time.
Your "petition's therefore do humbly pray your Hon" will he pleased to take their said
long & troublesome service into your present consideration, & to order them due payment
& Satisfaction for their said this years Service, proportionable tj y^ great import & diffi-
culty thereof. & yo"" i^etition" shall ever pray &c
Tho. Brattle./
Boston 17* Octobr 1702./ Timo Clarke."— Mass.
Archives, vol. 10, p. 584.
* Mass. Archives, vol. 122, p. 157.
t Executive Records of the Council, vol. 3, p. 39-1.
j Mass. Archives, vol. 122, p. 172.
§ Ibid., p. 170.
ft ^^
[Notes.] Puovince Laws (Resolves etc.). — 1702. 733^
This petition was read, first, in tlie House, on tlio twenty-first of October, when tho
resolve which constitutes tliis cliaptor was passed and sent to tho Council, for concur-
rence. On tho twelfth of November it was passed, in concurrence, by the Council, and
consented to by the Governor.
The order in Council* for the payment of this allowance was passed December 4, 1702.
Chap. 59. This chapter is from archives, vol. 70, p. 612. It is recorded in council
records, vol. VII., ]). 34.'5.
The resolve which constirntes this chapter was passed in the House on tlie tenth of
November and sent to tho Council, for concurrence. On the fourteenth it was passed, in
concurrence, by the Council and consented to by the Governor.
Chap. 60. This chapter is from council records, vol. VII., p. 345, and archives, vol.
70, p. 015.
This chapter is founded on the following petition : —
" To His Excellency Joseph Dudly Esqf Captaine Gennerall and Governour in Cheifein
& over her Majo's Province of tho Massachusetts Bay in New England &ca —
And tho Hoiirhic the Council! and House "of Representatiues Conven'd in Gennerall
Assembly —
Tho Petition of Seaverall the Inhabitants of Boston
Humby Sheweth/
That wee cannot boo vnsensible of the great want of convenient Magazines for Gun-
ponder in this Towne the Sore Losses that Some of us haue received, and not only the
danger of the Losse of many a persons Life, but also the Hazzerd of the Countryes
Kuine; the greatest Stocke ots<] Commodity in j'p whole Country Eyeing in this Towne
and in Sleight wooden buildings Subject to bee destroyed at tne pleasure of oi Enemyes
Doe therefore humbly jjray that this Gennerall Assembly would take this matter of So
great Conseqvence not only of a <t>ticvlar but also of So Gennerall good into Mature
Consideration and Enact that such propper Magazines bee built at the Publicke Charge
and all Guuponder for Sale bee Logdged therein or that Some of us 3-our Petitioners under-
takeing the builiiing of Such Magazines as shall bee thought litt shall haue a reasonable
allowance for Storeiiouse roome of all sucli Gunpowder that shall bee So Logdged there and
Settled to us & c heirs lor a certaine terme of years with such forfeitures to delinquents
as shall bee thought titt —
And your Petitioners as in Duty bound will pray —
Saml Stoddard Joseph Parson Charles Hobby
Tho': Fitch Ben: Edmonds. Edw: Bromfield
Wm Harris-/ — Rokeut PIoword John Mico
PFRAN : Clarke John ffayerweather Zec* Tuthill
John Pitts Benja Alfoud Samuell Keeling
Jer: Allen John George Nathll Oliver
Samuel Lillie John Borland W^i Clarke
David Jkffries Edw Hutchinson Tho: Brooks
ADAiM WiNTUROP Sam.'' BaICER ChARLES ChAUNCT
Thos. Cooper John: Bonus Timo Clarke." — Mass.
Archives, vol. 70, p. 613.
The order which constitutes this chapter wns passed, first, in the Council, on the sixteenth
of November, and sent to the House, for concurrence. On the seventeenth the House con-
curred, with sundry amendments, which were agreed to by the Council, and the order was
consented to and signed by tho Governor on the same day.
See resolves, 1700-1, chapter 84, and note.
Chap. 61. This chapter is from archives, vol. 48, p. 354. It is recorded in council
records, vol. Vll., p. 348.
On the eleventh of November the House, having passed a resolve for an allowance of six
hundred pounds to the Governor " for his service as governor and for house rent for the
present year, beginning from the time of his excellency's arrival, the five hundred pounds
granted the last session, "fete, " being part thereof ," sent it to the Council, for concurrence,
when the following proceedings took place : —
". . . upon the Question put at the Board; Whether they desired Consideration or were
ready to Speak to it presently ; It past in the Afflrmative to be Spoken to presently
Then upon the further Question put, Whethf^r you bo Satisfied with the Provision Offered .
in the Resolve of the Representatives, as a Suitable Maintenance for his Excellency Joseph
Dadby Esq'' ber Majesties Governour, And Whether you do Accordingly Comply with
them therein ? It past in the Negative
And Nathaniel Thomas, and Daniel Peirce Esq" were directed to return the said Resolve
to the House of Representatives for their reconsideration." — Council Records, vol. VII.,
p. 3.30.
On the fourteenth, the House reconsidered the al)ove resolve, and, in place thereof,
sent to tho Council the resolve which constitutes this chapter, and the same " being read
at the Board ; The Council e.xprest their Disapprobation thereof ; And Directed That the Sec-
retary Nathaniel Byfield, and John Higginson Esq'** carry tho said resolve back to the
House, and move their reconsideration thereof."]:
The House declined to reconsider the vote, whereupon the Council took action as shown
in tne following entry : —
• Executive Records of the Council, vol. 3, p. 394.
t Chapter 20, supra.
i Council Records, vol. VII., p. 342.
734: Provixce Laws {Resolves etc.). — 1702. [Chaps. 62-66.]
«' Nov. 18. 1702. The resolve of the House of Representatives for allowing the Sum of
Two hundred pounds unto his Excellency Joseph Dudley Esq' for his Service as Gov-
ernour, and for House Rent for the Present Year besiiiing from the Time of his Ext^y
Arrival, over & Above the live hundred pounds presented to his Ex<^^y at the last Session
of the Court read at the Board the 14"i Currant, and Sent down to the Representatives w">
a Message for reconsideration being returned from that House without any Alteration
was again read, and the following Vote past thereupon Viz';
TJjis Resolve having 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 Excellency, And not to be Considered in this Matter,
And the Sum of Two hundred pounds expressed to be for his Excellency's Service as
Governour being very much below the Dignity of his Statitm, and Dishonourable to this
Government The Representatives not Seeing fit to have reconsideration thereof The Coun-
cil desire Jiis Excellency's Acceptance of the said Sunr of Two hundred pounds at Pres-
ent, in hopes the Assemlily will have further Consideration of that Matter in another
Session, and do that which is proper, and honourable for the Government." — Ibid.,
p. 348.
The order in Council* for the payment of the allowance of two hundred pounds was
passed December 4, 1702, when the Governor immediately signed a warrant therefor to
the province treasurer, ami afterwards received in one payment both the allowance granted
by this chapter and by chapter 20, ante. The following is the entry of this payment as it
appears in the treasurer's account : —
<' Paid his Excel^y Joseph Dudley EsqF Cap' General & Governour in
cheife of this her Maj'ies Province for his service as Governour & for
house Rent for the year Begining from his Excelcys arrival — pur-
suant to Acts of the General Assembly . . ', . . . 700.. — .. — ."
— Mass, Archives, vol. 122, p. 164.
Chap. 62. This chapter is fi-om archives, vol. 101, p. 233. It is recorded in council
records, vol. VII., p. 348.
The order in Councilf for the payment of this allowance was passed December 4, 1702,
and, by an entry in the province treasurer's account]; ending May 26, 1703, it appears to
have been duly paid to him.
Chap. 63. This chapter is from archives, vol. 101, p. 233. It is recorded in council
record.s, vol. VII., p. 349.
The order in Councilf for the payment of this allowance was passed December 4, 1702.
Chap. 64. This chapter is from archives, vol. 101, p. 233. It is recorded in council
records, vol. VII., p. 349.
In his speech, at the opening of the second session, in which he urged the appointment of
fixed salaries for certain offlcers. Governor Dudley had used the following language in
regard to the judges of the Superior Court of Judicature : —
" Oct. 15, 1702. . . I know none that have a Stated Salary unless it be the Judges who
I understand are Supported with forty pounds ^ Annum ; Scarce enough to Maintain a
Servant, and horse while the next Province, much less than Our selves pays Five hundred
pounds P Annum to the Chief Justice, I must earnestly recommend the just Considera-
tion of this Matter to You, and Desire you to think that if we hope to have A Government
we must Support it And there are very easie ways, by a Proper Impost, and excise, to do
it, without any Burthen upon the Trade or Husbandry of the Coiintrv." — Council Rec-
ords, vol. VII., p. 312.
The Governor had evidently overlooked the last preceding allowance to the judges, which
had been increased to forty-five pounds per annum. ^^
Instead of establishing a permanent salary for the judges, as the Governor had suggested,
the House, on the eighteenth of November, passed the resolve, which constitutes this chaji-
ter, raising the judges' salary to fifty pounds per annum, and sent it to the Council, for
concurrence. It was passed, fn concurrence, on the same day, and consented to In' the
Governor.
The order in Councilf- for the payment of this allowance, amounting to £37 10.?., each, for
nine months' service, was passed December 4, 1702, and the province treasurer's account||
ending May 26, 1703, contains a charge of the total sum of £187 10s. paid to the judges
accordingly.
Chap. 65. This chapter is from council records, vol. VII., p. 349. It has not been
found in the archives.
The order in Council^ for the payment of this allowance was passed December 4, 1702,
and, by the province treasurer's account,** it appears to have been duly paid.
See resolves, 1701-2, chapter 100, and chapter 25, a7ite.
Chap. G6. This chapter is from archives, vol. 30, p. 488. It is recorded in council
records, vol. VII., p. 349.
In his speech to the Assembly at the opening of the second session of 1699-1700, Bello-
mont apologized for not having finally prorogued them, alleging, as his excuse, the alarm-
* Executive RecordB of the Council, vol. 3, p. 392.
t Ihi'l., p. .393.
J Mass. .Archives, vol. 122, p. 164.
§ Resolves, 17i)I-2, chapter 54.
II Mass. .Archives, vol. 122, p. 16.5.
IT Executive [{econls of the Council, vol. 3, p. 394.
*• Mass. Archives, vol. 122, p. 156.
{Notes.] Province Laws (liesolves etc.). — 1702. 735
in g emergency in which the country was placed by the hostile attitude of the Indians.
This he descril)ed as follows : —
" March 13, 1699-1700. . . . The Indians in this, and the Neighbouring Colonies are said
to hiivd Combined with the Eastern Indians, imendiiig to make a general Insurrection,
and Rebellion; And if wo may credit the Advice we iiave from some hands, the Time for
Execution, of this llicir ill Design is near at hand. And so near that it will be in vain to
try to avert the Blow by treaty or the promise of any Advantages to them, but we must
rather think of Suppressing them by force of Arms, In Order to which you will do well
to Consider of a way to make Such Levies of Sonldiers as shall be Sufficient to defend the
Country, and being levied, to Discipline, and make them expert in the Exercise and use
of their Arms
It were not amiss too, if a way were found out to Oblige the Forces to march out of the
Province as often as the Kings Service requires it, It is our Duty to Assist Our Neigh-
bours and Fellow Subjects, And it lias Always been reckoned a point of Policy, and pru-
dence, to Keep danger as much at a Distance as 'tis possible
It were well too, if a Law were made to jiunish Mutiny & Desertion in time of Actual
Warr, without which the Soldiers you raise will not be tractable to the Command of their
Officers, and so will not Answer your end in raising them
You will do well to make provision of a Sufficient quantity of Armes, and Ammuni-
tion, and that with all the Expedition that may be that the County may bo furnished with
both for their Defence . . ." — Council Records, vol. VII., p. 51.
Hutchinson, writing nearly seventy years later, thus treats of the subject: —
" Loud Bellamont held two sessions of the general court this year; the first, the anni-
versar.v for the election of councellors, the latter the 31st of March following, occasioned
by a general rumor through the colonies, that the Indians (from all quarters, not only
those upon the frontiers, but those who were scattered through the towns in the several col-
onies) had united and agreed, at an appointed time, to fall upon the English in order to
a total extirpation. The Indians were no less alarmed with a report, that the king had
withdrawn his protection from them, and ordered his subjects to unite in their destruc-
tion. These reports were supposed to have been raised !:>y evil minded persons among
the English or Dutch; but it is more probable, the Indians of the six nations, to obtain
the presents wiiich accompanied all treaties between the English and them, were the con-
trivers and managers of the whole afRiir. Such was the consternation in the Massachu-
sets, that several acts passed the general court for levying soldiers ; for punishing mutiny
and desertion ; for holding all the militia in readiness to march ; and for enabling the gov-
ernor to march them out of the province, which, by charter, he was restrained from with-
out an act of assembly. As it happened, there was no occasion for carrying these laws
into execution ; the general terror subsiding soon after." — Hist, of Mass., ed. 1 767, vol.
2, pp. 120,121.
The result of this temporary alarm was the action taken to evangelize the Indians, and
to promote trade with them, under the provisions of chapter 45 of the resolves of 1700-1.
The next year, the apprehension of immediate danger from Indian attacks was still
further quieted by the good news that, through the efforts of Bellomont, the Eastern
Indians had sulimitted to the friendly Five Nations, or, as Stoughton expressed it in his
speech to the Assembly, February 14, 1700-1, had desired "to be joined in the same cov-
enant chain with them, and the Five Nations, acceptance of them thereinto."
But this prospect of future peace and security was illusive. Already the French were
looking forward to another war with England, and, in view of this, the governiiient of New
France was providently making overtures with the Iroquois, and, through them and the
former Indian allies of the French, was attempting to form a league, offensive and defen-
sive, with the most powerful of the savage nations around the great lakes and along the
valleys of the Ohio and the Mississippi. Some three hundred and fifty of the twelve
or fourteen hundred fighting men of the Iroquois had been persuaded, by emissaries
of the Canadian government, to desert their tribes, and put themselves under French
control ; and, about the time of Bellomont's supposed success in effecting a union between
the Eastern and Western Indians (in which even the River Indians asked to be included)
the Iroquois were concluding a treaty of peace with the Governor-General at Montreal.
By no treaty, however, would the Five Nations probably have bound themselves to
make or join in a war upon the English. Still, the friendly relations established by the
terms of peace between them and the Canadians would enable the latter to carry out
a scheme, designed apparently by Callieres or his cabinet, of holding the leading sachems
nominally as guests, but really as prisoners, while he was securing the cooperation
of the Fenobscots, the Pennecooks and other Eastern Indians, with other savages from
Canada, in a grand demonstration, by an army of eighteen hundred to three thousand
men (from four himdred to five hundred of them Indians), a<iainst the English colouies.
The scheme which the Canadian government and d'Iberville were contemplatins; was
the utter destruction of the seaboard settlements of New England and New York, and the
entire suljjection of the English colonies, — Boston being the chief objective point. But,
as to the details of this scheme, there was some difference ; the former proposing a force of
two thousand men to proceed, " after the sowing season, in canoes by way of the river near
Quebec that conducts to Acadia," rendezvousing at Penobscot not later than the twen-
tieth of June, thei'e to be joined by a fleet of five men-of-war "having one thousand
effective soldiers on board, for the purpose of landing." After landing the soldiers, the
fleet w^as to proceed to Boston, to cooperate with the land-force, which was to proceed in
canoes to Piscataqua (^ which was to be held as a depot after its capture), and then to march
to Boston, foraging, and laying waste the country, as they went along. After destroying
Boston, the fleet was to sail for New York, whither the troops were to march, aided by
the "horses and carriages abounding along the route."
D'lherville's plan was much more practicable. He proposed to start from Quebec, not
later than the fifteenth of November, with eighteen hundred picked men, by way of the
736 Provixce Laws {Resolves etc.). — 1702. [Chap. 60.]
Chaudiere and Xorridgewalk, where he would rendezvous. Thence he would proceed^
under cover of the woods (and, by night, when approaching Boston), arriving there at
break of day.
After capturing the town and disarming the inhabitants, he proposed to send out parties-
" to lay waste the low countries as far as the gates of New York, in order to render that
place a desert, if considers I proper."
But these schemes proved abortive. The expected declaration of war was deferred,
and the opportunity for the meditated acts of strategy and prowess passed by, while the
English colonists remained in entii-e ignorance of these designs for their extirpation.
It will be remembered that the Lieutenant-Governor, following the example of Bello-
mont the year before, had dismissed the Assembly in April,* after'apoiogizing for allowing
them to convene in another session when he might have dissolved the^General Court by
proclamation, since there was so little business of'importance for them to consider.
A little less than two weeks of the vacation had passed when the Lieutenant-Governor
and Council deemed it proper to take measures to secure the fidelity of the Eastern
Indians, as follows : —
" May 2, 1701. Advised that the Province Gallv be forthwith repaired fitted and equipped
to attend his Majty's service ; and that John Phillips, Peiin Townsend NathL Byfield and
John Nelson Esq^j lie appointed as Commissioners from this Government to tike a voyage
in the s^ Gaily to CascoBay, there to meet with and discourse the Eastern Indians, and
to endeavour to hold them steady to his Majty^ Interests; and that the value of one hun-
dred pounds be sent by them for Presents to the Indians in such things as they shall
think most suitable, whereabout they are to consult and to lay a Memorial thereof before
the Board, also :
That an Express be sent to Capt^ "Wormall Commander of his Maj'y's Fort at Casco Bay>
to advise him of the coming of s^ Commissioners by the 19* or 2011i of this present month,
and directing him to give notice thereof to the Indians, that they may be there at the
time.
Major Walley to take care to procure such an Express." — Executive Records of the
Council, vol. .5, p. 199.
Three days later, the Council advised the substitution of the following vote of advice,
for their former action : —
" May 5, 1701. Whereas the Council at their meeting upon Friday the 2^ of May cur-
rant did advise that the value of one hundred pounds be sent in Presents to the Eastern
Indians, by the Commissioners appointed for a negotiation with them.
It is now advised and Consented. That the said sura be enlarged to one hundred and
fifty pounds, and that a Warrant be issued by his honotir the LI Govern^ unto Ml Treas-
urer to lay out that sum for the procuring of such things to make the said present in, as
John Fhillii)s, Penn Townsend, NathJ Bytield and John Nelson Esi-ni" (the Commission-
ers appointed for the sj negotiation) shall, by a memorial to be by thein given to the-
Treasurer, advise as proper and suitabla for that occasion ; as also to make provision for
the suitable accommodation of the said Commissioners in their voyage." — Ibid , p. 202.
On the thirteenth, the commission and instructions of the commissioners above named
were read and appi'oved in Council, and, on the same day, an order!- was passed that a
warrant issue to the province treasurer for the sum of ten pounds, for emergencies, in
addition to the amount already drawn; and another vote of advice passed, "that the
whole complement of men to be born in his Majty'=' pay on board the Province Gaily in
her present voyage to the Eastward be twenty four."
In his speech at the opening of the next General Court, the Lieutenant-Governor
informed the Assembly, " That there were Several Gentle men now abroad in the Eastern]
parts of this Province employed by himself with the Unanimous advice, and Consent of
the Council on a Negotiation with the Indians in the Eastern parts of the Province to
Endeavour to fix them in his Maj'.^'' Interests, and to prevent their taking in with the-
French If a war should CoiTience Of which Negotiation he hoped they would receive a
good Satisfactory Accompt."];
At Casco Bay the coininissionei's drew up the following memorial of the result of their
mission, by which it will be seen that the Indians declared that the submission made ta
the Iroquois, and by which such flattering hopes had been excited in the provincial gov-
ernment, was the unauthorized action of certain members of their tribe, who had been sent
for another purpose : —
" Cascoe bay June the 3 : 1701
A memoriall of those heads or propositions on which Col? John Phillips, Col? Penn
Townsend, Cap' Nathaniell Byfeild and John Nelson, being Comissionated by the
Honobie William Stoughton L" :' Gouernor, and y Honobie the Councill for the prouince
of the Massathusetts bay in New England, did treat with "the Easterne Indians, and were
as flFolloweth. Viz —
Some time afFter that y" Comissioners and y" Indian Sagamoes or Cheifs had taken each
theire places at a Table sett under a tent Spread in y woods. The Coinissione[rs^N] began
and tould them, by two English Interpretors, and one Indian.
Coin, we are here sent by his Maj"" to treat w"' you and renue our freindship w"i you.
Ind. Wee are here AUsoe generally mett togeather and are uery glad to see you. —
Com 1 : pro. That our great Master King William haueing been duely informed of y
[memorialKS] and confirmation of peace which you offered unto our late Gouernor y
Earle of Bellomont, in y' great Assembly of Indians with whom you did desier to Joyne
in a mutuall & publique League of amitie w"» us, he has ordered us to informe you how
* See resolves, 1700-1, chapter 103, note,
t Executive Ilecoi-ds of the Council, vol. 3. p. 203.
t May 29, 1701. Council Uecords, vol. VII., p. 18S.
§ Manuscript mutilated.
[Notes.] Province Laws {Resolves etc.). — 1702. 737
well be ha3 accepted the Same, and tUat ho has Coininaudcd y Gouenn' of y" Massathu-
seits punctually to iiert'oruic & (JcjufoiMno tlR-msclucs to all things contained in the said
treaty concluded w"> you alt Albany in October 17<>(). —
Inil. Ans'' to y^' ^' pro. Wee Know that King William hath power to make peace when
he will, & wo are glad that ho hath accepted us into the league of Ireindship, and y' you
are now Sent to Confirme it.
2 pro. That since the'death of the said E : of Bellomont, there is come new ami Express
Orders from our CoiTion father the great King William, by w '' we aro Comanded to
come unto you in this Couutrey to renue & Keep fresh in memorio the atfores*i treaty &
as brethren & freinds to rejoice with you, in the hapie fruites of soe well a settled peace
amoungst us, whereby all former mistakes and Injuries may be for euer buried & forgott,
and at the same time "to shew you our heartes booth in settling the trade soe to y advan-
tage as that for y future you may neuer want any thing, and at Cheap rates & prisces, as
alisoe to bring unto you the presents which the King has been pleas^' to send You.
Ind. Answer Wee are uery glad that the great King William hath soe far taken notice
of us as to send you amoungs' us, y' y friendsliiii l)etweeu us may be Confirmed which we
doe from our hearts agree to, and from this day forward it shall be for euer talked of
amoungs' us, and we alisoe desier y' all former Injuries and Mischeifs that hauo been
Coffiitted on either side may be for "euer buried under Grownd. we are alisoe thankful!
for y« Good settlement of the trade for us, and we pray that we may hauo goods sould to
us at a Cheap rate & y' noe rum may be sould y^ Indians.
3a pro — That ye Experience of the benifitts o"f y^ p>sent peace and quiettness is SufH-
cient to Conuince how it ought inviolaljly to be maintained, and that neither partie beleiue
or harken to any who by falls or Sulitille perswations shall seek to disturljo it but rather
hold them Euiniies for soe doeing, and if unhapily any misunderstanding should arise hj
any wrong done unto j'ou by our people, upon your Complaint due punishm' shall be
inflicted and satisfaction made, which we likewise Expect on your partes to be performed
to us.
Ind. Ans"" — Wee promiss to Obserue it & desier the same thing of You.
4V' pro — That in further Confirmation of our amitie and freindship we are to OfTer unto
you the protection of our Great & mii,»hty Prince King William, who under this Couenant
of peace look's upon you as his Children, and therefore is readie to defend you against
any that shall invade or disturlie You.
ind. Ans'— In case any Nation should make war upon us, we doe not desier that our
Uncle King William, (which title we esteem equall to father) should loose any men on our
account, untill we hane tried what we can doe for our owne defence. —
5"' pro. That we are likewise to noate unto you our Jealousies concerning the french
by whom you haue been soe often seduced, that thro theire fals reportes you may not
againe be deceiued, but rather Call to remembrance those times when by a full confidence
& loue we were usefull unto each other, which same trust you may see we are againe
Endeauoring to restoare, not onely by a tree trade and Supplying of you w"i powder,
lead, Arnies, and all other things you may need, at Such prices as y^ french (who Cheat
yon) cannot doe, whereby you may ba the better Enabled to Keep y promisses soe lately
made unto y« E : of Bellomont, in Cutting downe trees in the patli, soe for euer sloping
the way to Quebec, since we shall for y Safty furnish what euer You want at y owne
dores & Spare you the Labor of Goeing soe far.
Ind : Alls'" in case we should stop up our roades to Canada many of our Brethren
would be hindred from Comeing oner to us besides many Amoungs' ns care not to be
depriued of the liberty of goeing wheather they please. Yet we think there will be little
Necessitie of goeing to the french, since we may be soe well supplyed with what we want
from the Englisli. —
6 pro. That from the repeated treaties made w'^ you, whereby you haue put yselues
under the protection of y Crowne of England &c. Our Great King William does Expect
the punctuall performance of .y promisses for the future, and on liis part you shall euer
receiue such fauor and protection as is due unto his Children. —
Ind : Ans'' Wee doe not mind any talke, but what wee now say, we resolue to Stand
to it, & it comes from our uery hearts.
7"' pro. — That altho a solemn peace had lately been concluded between his Maj"« and
the french King, which was to haue lasted for euer, Yett thro his perfidious & false deal-
ings therein, our King will be forced to enter into a new war with liim, unless Satisfaction
be made, for y" prosecution of which he is makeing greater preparations then Euer, we
are therefore the rather desierous of makeing this Knowne unto you, toy intent you may
not be surprised at it, nor receiue any report's which ye frencli may make of its on yi^
regard, since \ve dissigne nor intend any thing that may breake our Couenants with you,
but that in what euer shall happen, you may be Assured of perfect peace and quiett from
us, & tmto all those Indians who shall not take any part or Assist y^ french, in case the
war should breake out againo w"' them.
Ind. Ans Wee thank you, that .you will gine us notice of the likelyhood of a war
between the french & y^ English, and we desier to Keep our Selues free, & not to be
under the Comand of any party, and we will Endeauor what we Can to bring y Indians
that line upon the french grownd under y same Obligations with our Selues, and if any
damage hapen to be done upon the English l)y the Indians that may pretend to belong to
any of our three forts of Norngdgwock, Amassahantick, or Narrakaraaguog we desier
the English would not beleiue it, till they haue sent to us for information, and wee
promise to make Enquierie into the matter, and if they belong to tis we will Endeauor to
doe you .Justice, for if we should not, we^should all become i^qually Guilty.
8"' pro — That for y further Assurance and advantage in abideing in y Country, the
Gouerm.' has thought good to Settle w'h you an Armorer, who for thefutnre shall repaire
or mend any or all of y Gunns that may prone defectiue, and that Gratis, soe that you
may haue noe pretence or occation of goeing to Canada; or to y french in these partes,
for want of this or any Suply whatsoeuer.
738 Province Laws (Resolves etc.). — 1702. [Chap. 66.]
Ind. Ans'' "Wee are uery thankful! that we can haue gunns mended here for nothing,
Especially because formerly when any of our guns were Init a little broaken we looke''
npon them as lost, and wee promiss to bring in noe Enimies gun's to be mended. — here
the Indians Queried wheathcr the Penobscot Indians might not be included in y« benifitt
of haueing theire gun's mended, on which Condition they promissed to use theire best
endeauors to engage them, as themselves in this Same treaty.
The Answer was that all Indians in f reindship w"> us should haue the same priuilidge.
9"" pro That to y intent of perfecting our future & mutuall freindship and accriuamt-
ance we haue tdought good to offer and inuite y sending of some of y Children to line
amoungst us, whome we shall take care off booth for theire maintenance and Education
& to returne them at such times as you shall desier, and that if you are aney waies inclin-
able to haue your young men see England & King William, we shall send them, whereby
you may be better informed of the Cii-cumstances of our Nation.
to this ninth proposition they desiered time to Consider, & whereon it being neare night
& bad weather we broke up untill the next day. —
June y 4 :
Ind. Ansf Wee Conclude not to Send any of our Cliildren to England because Moxus
his son when he was sent to France, he died there, and we conclude not to Send any of our
Children to Boston because we formerly had two of our Children at Boston, called John
and Robin, which we beleiue haue by this time learned to read and write English enough
& they neticr 3'ett haue been returned amoungst us,
10 pro — That it is left unto yselues seriously to Consider w^' may yett remaine or be
most for y ease, Safty and advantage, which as we Earnestly desier soe shall readily
hearken unto, and performe any thing that may be consistant with his Maj'ies : honor,
and the Safty of his Subjects in these Countries itc. —
Ind : Ansi" 1^' Wee desier to be informed about y<' 2 Children mentioned in our
Answer to y^ 9"" Paragaph
Conlissioners Reply — Those two Children were taken in war and disposed of by those
to whome they did belong, & we heare yt one of them is dead and the other is now ir*
London, where he is well prouided for & we beleiue he hath lost his Language, and that
he will not incline to returne, but if he be willing, we shall use our Endeauors to procure
him.
Ind. you ought to force him to Come home for we haue a great mind to see him, we
forced some of y Captines to returne home.
Coinss He is out of our Gouermt and we Can't force him but we shall use our utmost
Endeauor to Obtaine him.
2^y we desier that if you should hereafter haue occation to treat with us, we might
meet logeather at Merry-meeting
reply The Indians must then be at y paines to prepare a house for our accomodation.
Ind. we are willing to doe it, and we desier y' allwaies we may haue timely notice of y
time of meeting by a letter from this fort at Cascoe bay, and we shall not hearken to any
Other.
3'y we desier to banc a tradeing house Erected at Merry-meeting
ll"»pro — That we Can not avoid takeing notice of Your Atfecting or wearing a french
flag or Colors, which if you purpose to maintaine any Settled Coresponce or freindship
with our Nation, must f'or the future be forborne, in this or any part of his Maj'i^s:
Dominions, and that you meet and treat with us under English Baners, which at your
desier or request, we shall take Care to Supply yon with as occation may requier.
Ind. Ans'' We thought it necessarie to haite some flag or other, and haueing noe Other
we put up a white one, Ijut if you will please to furnish us with an English flag, we
promise to weare it for the future as a Signall between us.
12 pro — That we are in an Especiall maner directed to invite you unto an Union w""
us in the true Xtian Religion seperated from those foolish Superstitions, and plaine Idola-
tries, w'h which the Roman Catholicks, & Especially the Jesuitts and Missionaries haue
Corupted it. to which intent we are to offer you the "Assistance of teachers for y instruc-
tion, in like maner as is practisced amoungs' those Indians who live amoungs' us, of
whome great numbers haue happily reed, and line in the faith of our Lord Jesus Christ,
in which great undertakeing, we shall Expect nothing more on y partes, then y Good
treatment of those Ministers whome we shall at any time Send amoungst You.
Ind. Ans'' It much snrpriscth us that you should propose any thing of religion to us,
for we did not thijik any thing of y' nature would haue been mentioned, furthermore
nothing of that nature was mentioned when y peace was concluded between all nations.
— furthermore the English formerly neglected to instruct us in religion, w^i' if they had
then oflTered it to us, we should haue Embraced it, and detested the religion w=i< we now
profess, but now being instructed ))y the french we haue promissed to be true to God in
our Religion, and it is this we profess to Stand by. —
Com "We propose that for a perpetuall remembrance of our good agreement, each party
should here raise a heape of stones.
Ind. We doe well agree to it, and we understand it better then signing of a writting
Two heaps of stones were accordingly raised in y place of treaty, that is to Say the
Commissioners on y English part each of them laid one foundation stone, and the men
then present w'h them made up the heap in a Square piramide. And the Indian Saga-
moes each of them for theire pt likewise laid a foundation stone, & then all the Indians
and theire Children made up theire heape in a roundish piramide, to west of the English,
upon the point formerly called Andrew's his point, now Mutually Agreed for euer here-
after to he caled the two Brothers point, from y« two Pillars,
Upon information of some English Captiues yett remaining amoungs* them, a demand
was made for theire I'elease. —
The Indians replved we Know not of any amoungst us, but if we can possibly see y«
Child of ours whicii is in England, it will be great incouragemt & we will Endeauor to
redeem anv captiues of Y" that we can heare of Either at Canada or Ells where.
[Notes.] Province Laavs {Resolves etc.). — 1702. 739
Concerninir the Indians that treated w"> y" Maqua's in October last —
The Indians say that those Indians that then treated w"' y« Maqna's went on theire owne
heads.
Oomss Shall wo then tell the Maqiia's that all y' treaty goes for nothin;?
Ind AfiFter a Considerable Nonplus, they replyed that those Indians were onely Sent
to Know the Issue of the E : of Bcllomonts treaty with y" Maqna's.
The names of y° Cheifo Sachems —
Moxus
[*JOX110JinEGON
Wasaiiomkomf.t
Abomiio.men alias
Jno Maherimet
Adeawanadon
Madagwunesseck
of Norridgwock
of Amassahamtick :
of Narrackamaguog
John Phillips
Pexn Townsend
Nathai. Btfield ;
J2 Nelson." — Mass.
Archives, vol. 30, p. 464.
The commissioners presented the foregoing memorial to the Lieutenant-Governor and
Council on the tenth of June, when it was read, and sent to the House for their perusal.
On the next day the House passed the following order : —
" Ordered — That a Message be sent up to the HonWe the Lt Governf and Councill, to
Acqvaint them, that this House Is Dissatisfied That the Comissi? lately sent to Confirm
the Eastern Indians in their Obedience to his Majty should have Instruction, to Assure
them, That they should have an Armourer, setled with them to mend their Arms gratis,
since this House, when it was sent down to them for their Concurrence the last year did
not Concurr therewith, and this Court did order otherwise." — Ibid., p. 473.
The Assembly adjourned from the thirtieth of June to the fourth of July and then,
again, to the thirtieth, but no further action npon this subject has been discovered until
the second session of the next year. On the seventeenth of November, 1702, the resolve
which constitutes this chapter was passed by the House, and sent to the Council, for con-
currence, and, on the following day, it was passed in concurrence, and consented to and
signed by the Governor.
The order in Councilf for the payment of this allowance was passed December 4, 1702,
and the pi-ovince treasurer's accountt ending May 26, 1703, contains an entry showing that
twenty -four pounds was paid to the commissioners aforesaid for the service named in this
chapter.
Chap. 67. This chapter is from archives, vol. 3, p. 404. It is recorded in council
records, vol. VII. _, p. 350.
On the twenty-first of October the joint committee appointed by chapter 24, supra, made
the following report : —
" Cambridg Octo''-- the 21'.'' no2_
The Report of a Committe. To Consider of that Clause in his Excellencies Speech as to
the Erecting a fortification at or neer pemaquid. Apointed June the 27th. 1702
Haueing Considered the present State of the Late fort at pemaquid, which was the last
Session of the Gc-nerall Assembly recoi^ended to vs by the Gour by her Majesties Espe-
tiall Command, vpon which Wee attended his Excellency to the place Wee are Humbly
of Opinion, that the Stones being already in place the Ground already Trenched and the
foundation probably Still Good, And Lime to be had Neare & Easey, The Generall
Assembly may in Obedience to her Majesties pleasure & direction therein. Agree and
Order that there be a SuiH of Mony Granted to be payd in Two yeares for the Raiseing of
the Walls of Said flfort. And that her Majestic be Humbly addressed to put a Garison of
one Hundreed men vnder proper oflScers to Secure the Same for the future, the Charge
of itts Maintenance beintr so very Great, And the Other frontiers of the prouince being so
far Extended, that puts the prouince to almost an Insupportable Charge in tyme of War
with the french and Indians —
Jon Goreham "1 John. Hathorne
Edward Brattle ^Daniel Peiroe
J John: Appleton." — Mass.
Archives, vol. 3, p. 401.
On the twenty-first this report was presented, by the chairman of the committee, John
Hathorne, to the Council, where it was read, and immediately sent to the House. On the
twenty-third the House, having read the report, passed the following resolve : —
"Resolued a non Complyance yw"'. And that an Address and memorialls, bv a Coiu-
ittee of this house Joined wth a Committe of the board, be prepared, to lay before her
majestie what may be necessary referring to ys Same." — Ibid.
This resolve was sent to the Council, for concurrence, on the twenty-ninth; but the
Council, after reading it, voted that it be " left to consideration." On the" third of Novem-
ber the Council proposed a conference which the House, on the same day, declined, where-
upon the Council insisted, and protested as follows : —
* ^fanuBcript mutilated.
t Executive Records of the Council, vol. 3, p. 393.
t Masa. Archives, vol. 1'22, p. 16S.
740 Province Ijaws (Eesolves etc.). — 1702. [Chap. 67.]
"In Council Novr 3d 1702
The Council having read the return of the House of representatives refusing a Confer-
ence upon the return of the Comittee for Peraaquid which the Council had directed The
Council do declare that their refusall of a Conference with them selves upon that head or
any other alfayr refering to the Goveraent is a great Infrengnient upon the rights and
Intrest that the Council have in this Govement and desire that this their declaration be
Entred accordingly and do yet insist upon the said Conference and desire the Governor to
Direct it accordingly.
Yoted in Council nemine contradicente. E T.* border." — Ibid.,
p. 402.
On the next day the House reconsidered its refusal to join in a conference with the
Council, and sent up a message, in writing, containing the following order : —
" In the House of Representatives. Nov>; 4':'> 1702.
Ordered — That a Conference be Attended with the Honi>'e Board on the "Vote of this
House Referring to Pemaqvid fort either by both Houses, or'by Comittees of both Houses
as shall be agreed. That a message be sent up accordingly by Cap' Phipps & CapJ
Bassett., Jams Converse Speaker."— /6irf., p. i/0.7. "
On the fifth, the Council sent to the House a message by Jonathan Corwin and Barnabas
Lothrop to inquire if the House were ready to join in the conference, which, being
answered affirmatively, the conference was held fortliwith. " His Excellency and Council
went down to the representatives' room, being the most large and convenient." The con-
ference being ended, the Council " returned again to their own chamber."
On the tenth, the House passed the following order, which was immediately sent to the
Council : —
" In the House of Representatives. Novemr 10V> 1702.
Ordered — That a Message be Sent up to the Honorable Board, That this House having
Considered, and weigh'd, what was said in the Conference between both Houses, uix)n
the Report of the Committee appointed to Consider of that Clause in his Excellency's
Speech, as to the Erecting a fFortification at or near Pemaqvid are still of the mind, that it
is not proper in this Juncture of Time, to Proceed on so weighty an affair, as the building
of Pemaqvid fort, the present Circumstances of the Province being Considered, and espe-
cially considering the late credible Advice that the Eastern Indians are Prevail'd upon by
the french to become our Enemies, and a powerful! body of Indians, are upon their march
against us.
And That an Addresse and Memoriall, by a Committee of this House Join'd with a
Committee of the Board be Prepared : to Lay before Her Majesty what may bo necessary
referring to the same. Jams Converse Speak-." — /6trf.
On the sixteenth, the Governor sent a message to the House to attend him in the coun-
cil chamber, and nijon their appearance he " Acquainted them, that he had but two things
of Moment to Communicate to them at the Opening of this Assembly ; the One that of her
Majty's Command for the Building of a Fort at Pemaquid, and the other That of Provid-
ing for the Support of the Government ; Neither of which they had Brought to any Effect
And Acquainted them he had received Letters from Whitehal by the Ship now Arrived,
And Ordered the Secretary to read a Letter from the R' Honi^'" the Lords Commissioners
for Trade and Plantations of the lo'*" of September past Containing a Direction to his
Excellency; inobservance of her Majesty's Express Order to move the Council, and
Assembly to erect a Fortification at Pemaquid &c According to the Projection of Collo
Romer her Majesties Engineer
And the said Letter being Accordingly read by the Secretary and Afterwards enforced
by his Excellency; his Excellency Dismist the Representatives to return to their room."t
The Governor then directed that the report, of the twenty-first of October, of the joint
committee upon a clause in his speech, " which refers to the erecting a fortification at or
near Pemaquid be again read at the Board," which being done he " put the question to the
Board, whether they accepted the said report of the committee and it passed in the affirma-
tive." Thereupon, the report was again sent to the representatives, with this vote of the
Council thereon, by Nathaniel Byfield, one of the Board. On the seventeenth, the House
passed, and sent to the CouncQ, the following order : —
" In the House of Representatives. Novem^ 17';'' 1702.
Ordered — That a Message be sent up to the Honorable Board, That this House doth
still Insist upon their Votes heretofore sent up, for a Committee of both Houses to be
Appointed to Prepare an humble Addresse and memoriall to Her Majesty, and are Troubled
that It hath been Delayed so long. j^^^jis Converse Speaker." — 76*<^.,
p. 404.
This order was read in the Council on the same day, and the following reply was imme-
diately returned : —
"Nov. 17,1702.. . . The Council know of no Other Motion from the Representatives
relating to Addressing her Majesty, Save only about the Matter of Pemaquid ; To which
they have no Answer to their Vote past Yesterday for Accepting of the report of the
Committee
Which return was Sent down to the Representatives." — Coimcil Recoi-ds, vol. VII.,
p. 347.
* This waB Edward Turfrey, assistant, or deputy, to the Secretary, respecting whose untimely
death Sewall makes the following memorandum in his Diary : —
" Friday, Jany 8. 1702/3 Between .5. and 6. m. Mr. Edward Turfrey dyes of the Small Pocks;
was dying all night in a maner, having strong Agonies, tie was a person of great Abilities. His
death is a great Loss to the Town and Province : but more especially to Mr. Addinglon, to whom
Mr. Turfrey was extraordinarily Serviceable, having liv'd with him above Ten years. If real
Worth and Serviceableness and Youth wont give a discharge In this warfare, what shall? He is
Tiniversally Lamented." — Vol. II -.p. 11.
t November 16, 1702. Council Records, vol. VII., p. .344.
[Notes.] Province Laws {Resolves elc). — 1702. 741
On tho cigbteentb, tho IIouso voted, in the form of an order, that they adhere to their
vote "which was passed and sent up tho tenth instant." This was followed, the same
da.r, by the passage, in tho House, of tlic order which constitutes tho present chapter. On
being sent to tho Council, for concurrence, it was ininicdiately concurred in.
On the twenty-first, tho last day of tlio session, tlio draught of an address to the Queen,
and of a memorial, to accompany tho same, which had l)een reported by the committee,
and passed by tho House, were sent to tho Council, for concurrence, whereupon "a Message
was Sent to that House by Elisha Mutchinson I'cnn Townsend, and Nathaniel Bytield
E-q" to Observe unto them That in their said Draught of an Address, and Memorial, the
Votes of the Council referring to the Matter of Peiuaquid wero wholly Neglected, from
which the Council could not IJepart, And there being no I'rescnt Opportunity of Forward-
ing the Same to Desire they might be left to farther Consideration, And that tho Necessary
Buisiness before them might i)e dispatched for that his Excellency intended to Dismiss
the Assembly this Afternoon."*
Upon receiving this message the House passed the following order : —
" Ordered that a Message be Sent up to his Excellency the Gouerno'' To request him
yt if opportunity p'sents before the next^Session of this Court, To write to her majli? To
Signifie to her that this Court are preparg an Address and raeraorialls to lay be fore her
majestie referring to y" affaires of this Province assoon as may be
Jas Converse Speaker
In the House of Representatives Nov^ 21. 1702." — Mass. Archives, vol. 108, p. 7.
This order, communicated, by written message, to the Council, was received and read by
the Board, but no action appears to have been taken thereon — the request of the House
being to the Governor in his executive capacity.
Here the matter rested until the next Assembly convened. On the thirteenth of March,
1702-3, the original report of the joint committee on the Governor's speech was again
taken up in Council, accepted, and sent to the Hoiise. On the fifteenth, the House referred
it to a committee. The report of this last committee has not been found ; but, on the
twenty-seventh, which was the last day of the session, the House again rejected the
original report of October 21, 1702.
The burdens and excitements of the war which soon followed seem to have barred
any thought of resuming the subject of the expensive work at Pemaquid, until 1705,
when an address was adopted, and forwarded to the Queen. See resolves, 1705-6,
chapter 56.
Chap. 69. This chapter is from council records, vol. VII., p. 351. It is preserved in
archives, vol. 3, p. 103.
The resolves of the previous year, 1701-2, chapter 33, and of the last session, chapter 10,
ante, had authorized the Governor, in the vacancy of the Assembly, to transport part of
the militia into the province of New Hampshire.
The Council, deeming that the exigencies of war (which had been declared) rendered it
imperative that the commander-in-chief should have larger authority over the militia than
had been conferred upon him hitherto, passed the following vote, on the eighteenth of
November : —
"In Council. Novembj IS'h 1702
Resolved That in the Vacancy of the General Assembly It be lawful for the Captain
General, or Commander in Chief of this Province for the time being, by and with the
Advice and Consent of the Council to Transport such part of the militia of this Province
as they shall find needful, or Oblige them to march into the Provinces of New-Yorke or
New- Hampshire or Colonys of Connecticut or Rhode Island for the Assistance and Defence
of Her Maj'ip Subjects and Interests within the same at any time or times during the
present War," and not afterwards. And that the marching of Forces through the Province
of New Hampshire into the Eastern parts of this Province, shall not be Esteemed by this
Court an Infringment of Her Majtie^ Charter." — Mass. Archives, vol. 3, p. 103.
On being sent to the House, for concurrence, a resolve was passed similar to the above,
Imt limiting its operation to the beginning of the next May session and omitting men-
tion of the province of New York, whereupon a message was sent to the representa-
tives by James Russell and the Secretary, "to move their reconsideration of the said
resolve." The House, however, returned the resolve with the same omission. Upon tMs,
the resolve of the House " was read, and Sent back again by M'' Corwin and Coll" Thomas
who were directed further to move the House in that Matter, and to Shew them the for-
mer Acts wherein New Yorke is particularly mentioned. "f
The House now reconsidered its vote, and amended its resolve, by insertin? " New-
York," still retaining the clause limiting its operation, thus forming the original of this
chapter. On the nineteenth, therefore, the Council "recalled" itsoriginal resolve, and
concurred in passing this resolve of the House, as amended, and it was immediately con-
sented to by the Governor.
Chap. 70. This chapter is from council records, vol. VII., p. 353. It has not been
found in the archives. See note to chapter 29, ante.
Chap. 72. This chapter is from archives, vol. 58, p. 234. It is recorded in council
records, vol. VII., p. 354.
I'his resolve appears to have originated in the House, upon a message from the Council,
■sent as early as the twenty-seventh of June. The original draught, which was passed by
* Council Records, vol. VII., p. 356.
t Ibid., p. 351.
742 Provixge Laws {Resolves etc.). — 1702. [Chaps. 73, 74.}
the House on the thirtieth of October, granted an allowance of tifty pounds per annum
only. Upon this, the Council, on the twelfth of November, voted, " not agreed to as a
suitable allowance." and " that the House be moved to reconsider it." The House there-
upon passed the resolve which constitutes this chapter, which, being sent to the Council,
for concurrence, was passed by the Board, and consented to by the Governor, on the
twenty-first.
The order in Council* for the payment of this allowance was passed December 4, 1702,
and the province treasurer's accountf ending May 26, 1703, contains a charge of payment
to Willard of seventy-two pounds, for fourteen months' service, after the rate of fifty
pounds per annum, and a further allowance, at the rate of ten pounds per annum, for
extraordinary expenses — making a total of seventy-two pounds, which, although stated
in the order to be for fourteen months, was really for fourteen months and twelve days ;
1. e , to November 18, 1702.
Chap. 73. This chapter is from archives, vol. 58, p. 236. It is recorded in council
records, vol. VII., p. 354.
The following is Boone's bill, upon which the resolve which constitutes this chapter wa»
based: —
" 1702 The Honourable the Representatiues of the Prouince of Massachutes Bay
To Nico Boone D'
To 100 of m'" Increase Mathers Election Sermons &c. at 1» . . . 5 — 0 — 0."
— Mass. Archives, vol. 38, p. 236.
The resolve was passed in the House on the twelfth of November. It was concurred ia
by the Council on the twenty-first, and consented to by the Governor on the same day.
The order in Council* for the payment of this allowance was passed December 4, 1702,
and in the province treasurer's accountj ending May 26, 1703, the amount was charged as
paid to Boone.
Chap. 74. This chapter is from council records, vol. VII., p. 354. It is preserved
in archives, vol. 101, p. 2;i2.
The making and emitting of bills of public credit, authorized by chapter 8 of the acts of
this year, was first proposed to be done by a resolve. It would seem that the first draught
of this resolve contained no provision of a fund for redeeming the bills emitted, nor for
an advance upon the face value when redeemed. Upon its being sent to tha Council, for
concurrence, the Board took action upon it as follows : —
"Nov. 17, 1702. . . Which Resolve being read at the Board, and it being thereupon
Observed that no fund was granted for the said Bills nor Advance upon receiving of them
Back into y Treasury
Ordered That a Message be Sent down to the House to propound the Same; And James
Russell, and Nathaniel Thomas Esq"' were directed to Carry the said Message down to
the House." — Council Records, vol. VII., j^. .346.
The following, which appears to be a second draught, was passed in the House of Repre-
sentatives on the seventeenth of November; —
"Resolved — That speedy and effectuall Care be Taken for the Imprinting of a certain
number of Bills of Credit" on this Province in suitable sums, which in the whole shall
amount to the sum of Ten Thousand Pounds and no more.
And That Elisha Hutchinson, Nathaniel Byfield, and Samuel Legg Esqj? be a Comittee
they or any Two of them, to take care for the Effecting of the Same, assoon as may be,
and when Imprinted to sign the said Bills, and Deliver the suiS of five Thousand Pounds,
and no more to the Province Treasurer, taking his Receipt for the same which Comittee
shall be under Oath for the faithfull management of the affair aforesd and be Rewarded
for their service by this Court.
And the Treasurer is hereby Ordered and Impowered, to Issue forth and Emit the said
Bills towards the Uses for which the last Tax was granted which bills shall Passe out of
the Treasury at the value therein Expressed, and be Taken and accepted in all publick
Payments at the Advance of five P Cf the fund for the Repayment of the said Bills to be
the Impost and Excise, and what that fall's short [ §]
It is further Ordered and Resolved That as a further ffund, for the Repayment of the
S"! Bills as also for the Defraying the other necessary growing charge of the Province
there be and hereby is Granted" unto her majesty a Ta"x of Six Thou'^and Pounds to be
Levyed upon Polls, and Estates both reall and pcrsonall within this Province, according
to such Rules, and in such Proportion upon the severall Towns within the same as shall
te ordered and agreed upon by the Generall Court or Assembly of this Province at their
next Session which sd Tax shall be Paid into the Treasurer on or before the last day of
Novemr 1703." — Mass. Archives, vol. 101, p. 229.
On the eighteenth, the House sent to the Council this second draught, in which the
Board concurred, "with some emendations," "and proposed that it be formed into an
act," The minutes of these votes of the Council appear subjoined to the draught of the
resolve, as follows : —
" to be digested into An Act.
the Commissionr^ names not to be inserted
but. ,'J000« of yo bills to be Signed
the uses to be exprest
the bills as to yf wording as the former mutatis mutandis.
The Govr and Council to project ye Stamps
m"" Russell one of yf Commission's " — Ibid., p. 231.
* Executive Records of the Council, vol. 3, p. 394.
t Mass. Archives, vol. 122, p. 165.
t Ibid., p. 170.
§ ManuHcript mutilated.
[XoTES.] Province Laws (Besolves etc.). 1702-3. 743
To these amendments tiio House aj^reed. and passed an order " Tliat M' Secry he
Desired to Draw a ISill at'cordinj^'ly."* On the t\venty-th-st, l)oth branches concurred
in tlie vote which constitutes this chajiter and it was consented to and bigned by the
Governor.
On the same day tlie bill of the act (which had i)cen agreed upon) not havini,' been
sent to tlie (.'ouncil, the lj(jard sent a message to tlie House, to inrjuire for it. Sergeant
and Lyude, the committee charged with tliis message, returned with tlie reiiort " tliat tliey
had delivered their message and recieved answer from the House they were preparing the
draught of an address to lier majesty to send uj) first."
The act having been passed, the committee accepted, and were sworn on the twenty-
sixth, as ai)pears by the following entry : —
"Xov. 2<1, 1702. James Russell, Elisha Hutchinson, Nathaniel Byfield, John Leverett
& Samuel Legg Ksq'z the Committee named and appointed by the General Ccjurt for the
imprinting and signing of the Bills of Creilit, were severally sworne faithfully to intend
tho mana.gement of that affair, and the Trust in them reposed according to the directions
of the Act for making of the si Bills." — Executive Records of the Council, vol. o, p. 390.
Chap. 75. This chapter is from archives, vol. 58, p. 236. It is recorded in council
records, vol. VIL, p. 356.
The i)erson to whom an allowance was granted by this chapter was the celelirated
" Tutor Flynt " of Harvard College. The resolve which constitutes this chapter originated
in the House on the day of its passage. The order in Council, t for the payment of this
allowance, was passed December 4, 1702, and an entry in the province treasurer's account^
ending May 26, 1703, charges the amount as paid to Flynt.
1702-3.
Chap. 1. This chapter ia from archives, vol. 62, p. 434. It is recorded in council
records, vol. VII., p. 365.
In his speech on the second day oH the session of this Assembly, the Governor thus called
attention to the condition of the " outwharves "ij of Boston, stretching, in front of the
cove, from the South Battery to the North Battery ; —
" March 11, 1702-3. ... I must also Recommend to Your Care the Lines drawn before
the Town of Boston, which reach from the Batteries at each point; It was at first a very
good projection, and Security of the Harbour, and Town but it is now become a Nusance,
and will at length Serve only to destroy the Harliour, and Spoil the Shipping; You will
please to Consider either to put it upon the present Owners to repair it, or upon their Sub-
mission of it to Dispose it to a New Company, that it may not be a Mischief to us." —
Council Records, vol. VII., p. 36'J.
The order which constitutes this chapter originated in the Council on the day the Gov-
ernor's address was delivered and was concurred in by the House on the day following.
For an account of the earlier and later proceedings in regard to the outwharves see the aci||
of July 14, 1772, and the note thereto.
Chap. 2. This chapter is from archives, vol. 70, p. 626. It is recorded in council
records, vol. VII., p. 366.
The resolve which constitutes this chapter originated in the House, and was passed by
both branches and consented to by the Governor on the same day.
The order in CouncillT for the payment of this allowance was passed April 27, 1703, and,
in the ]n-ovince treasurer's account** from May 27. 1702, to May 26, 1703, is an entry show-
ing that this grant and the two previous grants of fifteen hundred pounds, each, were paid
to Thomas Brattle, one of the committee to laj' out said money, " by Ord"; of y«= Govern^ &
Council pursuant to s^} Acts of y^ Assembly."
Chap. 3. This chapter is from council records, vol. VII., p. 367. It is preserved in
archives, vol. 70, p. 575.
The following is the account referred to in this chapter : —
* Mass. Archives, vol. 101, p. 2.31.
t Executive Records of the Council, vol. 3, p. 394.
j Mass. Archives, vol. 122, p. 167.
§ See note to Province Laws, 1772-3, chapter 6.
II Province Laws, 1772-3, chapter 6.
IT Executive Records of the Council, vol. 3, p. 432.
** Mass. Archives, vol. 122, p. 161.
7U
Provixce Laws {Resolves etc.). — 1702-3. [Chaps. 4, 5.]
" Octob'; 2'J lTo-2: Charges on ffreneh Prisoners rece'd ]"> Order of his Excels' The
Governo; from Cap'. Thomas Larrimore, & CapJ Tho : Waff viz
•t* their Eiitertainm'.t as follows viz at 3f ^ week Each—.
Octob''
Men
5'h 1
IS'.h „ 4
fFrancois Pageant
Adrian Signier
Jean Revier
( ffrancois Triiquetil
ffrancois Petet.
I
ll'-h
20tl'„ 1
•M
9b'-
D'o
lO'.h 3
10':h „ 4
2
1,
(
Nov H'.h
Is .,8
James Baisterd
( Eiie Dupon,
9 f Nicco: Hoga
"" \ Pierre Garnear
Jean Richards
Pierre Cardenier
Jaquas Provost
Jean Jeardin
ffrancois Hardy
Jean Burnard
f Jean Nnquetil
Pierre Rogers
Pierre Bastard.
Jean ffremont
Pierre Asseline
Guiliam Toutan
Pierre Jenovil
Pierre Joly
Elie Chavilier
Jean Cotell
Chale Brean
Noel ffoqueroy
Jean Bradford
Jean Lemailtre
Pierre Majnre
Pierre Garneer
ffrancois ffoubert
Each
)■ Each
vS.
00
Daves
1-
•„o-.
w
1
D
w
1-
- 6- .
- 2-,
,■1-
5-
Each
Each
6-,
4-,
3-,
1-,
W.
Each at 3/ V W= „ 6 „
li.
'go.
sft.
1,.
d.
9
£1, 0, 6.
£00/, ii„
0
£00,, 8„
1
£00„15„
6
£ 2, 11
£ 3„12„ 0
.
- 12 -
• II /i '--' II
• . -.10. 9
•
. „ - 4,. 2
•
• ;, -;, 3,, -
D.
• £ 7„11„00
£18, ,07,, 3
Axdb Belcher." — Mass.
Archive.'!, vol. 70, p. 57.5.
This account was read, in Council, November 21, 1702, and sent to the House of Repre-
sentatives. On the thirteenth of March, 1702-'5, the resolve which constitutes this chapter
was passed, in the House, and, on the fifteenth, it was concurred in by the Council and
consented to l.iy the Governor.
The French prisoners were apparently captured by Captam Thomas Larramore, or
Larrimer, who by command of Dudley set out on a cruise in July, and returned with
prizes in September, and Ijy Captain Waffe of whom less is known.
The order in Council* for the payment of this allowance was passed April 16, 1703, and
a charge for keeping French prisoners is one of the items ir the account of Andrew
Belcher, of the payment of which the province treasurer makes an entrv in his accountf
from May 27, 1702, to May 26, 1703.
Chap. 4-. This chapter is from archives, vol. 70, p. 626. It is recorded in council
records, vol. YII., p. 367. See resolves, 1702, chapters 31 and 58, and notes.
The order in Council* for the payment of this allowance was passed April 16, 1703. The
province treasurer's accountj from May 27, 1702, to May 26, 1703, contains an entry charg-
ing as paid to Brattle and Clarke two hundred and twenty pounds "over & al>ove the
Thirty Pounds to each they have already received ; '\n and the allowances of eighty pounds,
in resolves, 1701-2, chapter 102; seventy pounds, in resolves, 1702, chapter 58; and seventy
pounds, under the present chapter, would make just that total.
Chap. 5.
It is recorded in council
This chapter is from archives, vol. 70, p. 621.
records, vol. YII., p. 368.
On the twelfth of March, 1702-3, the day after the delivery of the Governor's s])eech at
the opening of the Assembly, the House sent a message to tiie Governor, an account of
which, with the Governor's reply, is thus recorded by the Secretary : —
"M"' Nehemiah Jewett, Capt Ephraim Savage, Capt'; Sam" Phips & Capt" Samuel
Checkley Members of the House of Representatives Attended his Excellency with a Mes-
sage from that House to return the Thanks of the House to liis Excellency for his Care of
the province Since the last general Assembly, And for his Speech made Yesterday to the
Council, and Asseml)ly, Desiring that it might be printed.
To which his Excellency, returned Answer he would consider of it."— Council Records,
vol. VII., p. 364.
The cordial relations between the popular branch of the Legislature and the Governor
are still further manifest in the jiassage of the order which constitutes this chapter, the
occasion whereof appears in the following extract from the records of the Council : —
* Executive Records of the Council, vol. 3, p. 426.
t Mans. Arcliives, vol. 122, p lt3S.
t /hid., p. Ifio.
§ Resolves, 1701-2, chapter 75.
[Notes.] Pkovince Laws {Resolves etc.). — 1702-3. 745
"March 10, 1702-3. His Excellency Coniiiiiinicatt'il to tlic Council a Letter received
from Richard Waidron Ksqy giviiitj an Accoinpt of tlic lichaviour of the Indians tliat was
lately inat Cix'hw-liii, Andtlic Jealousy lie iiait of .Some ill desif^ne intended jjy them. And
his Excellency proposed his Intention of Scndini; two C(jmpanies of Soldiers to the Num-
ber of One hnndred Men to Apjjcar in the Ivistern Country and to march l)etwecn Wells,
Saco, and Casco Hay, and on the Head of the I-'ronticrs to Ilaverhil, to Secure, the Eni^lish
in (^ase the Indians should he dehanclied by the French to rise, And to Cover and Secure
the Indians aijainst the Insults of the French for their fidelity, and Steadiness to the Eng-
lisli in Keepim; their Articles lately made
And John llathorne, and Nathaniel Tliomas Esq" were Sent on a Message to the Rep-
resentatives to Acquaint that House, with the s'' Affair." — Ibid., p. ,'JOS.
Chap. 7. This chapter is from archives, vol. 70, p. 627. It is recorded in council
records, vol. VII., p. 371. See the note to resolves, 1704-5, chapter 83.
Chap. 8. This chapter is from council records, vol. VII., p. 371. It is preserved in
archives, vol. 40, p. 7fi9.
This chapter is based on the following petition : —
" To his Exif/ ; the Govn"- ; the Hon'!'" Council & Assembly in Genr" ; Court Convened —
The Humble Petition of Sam" : Gibson of Cambridge
Sheweth —
That whereas the Great & General Assembly at their late sessions at Cam"^; was pleased
to receive the Humble Petition of Sam" ; Gil)son afores'' ; to be heard upon the grievances
set forth in s'' : Petition, And your s'' : Petitioner not having been advised when to attend
ui)on this Hon''''_'e Court to l)e heard — Wherefore the s'' : Sam": Gibson prays that he
may ))e Informed whether he may be heard upon y : matters & things Contained in his
Peticon afores'' : or that he may have a day Assigned to him in the next session of this
High & Hon'bie Court, that he may accordingly demean himselfe
And so yo'': 'Humble Petition''; as in Duty bound shall ever Pray Si;c(et
Samll; Gibson." — Mass.
Archives, vol. 40, p. 769.
This petition was read, first, in the Council, and the resolve thereon passed in the fol-
lowing form : —
" Read, and appointed a hearing on the second Wednesday of the General Asseml)ly in
May next, the Pet^ to Notify the Adverse party." — Ibid.
Upon being sent to the representatives, the resolve was immediately concurred in. and
was consented to by the Governor on the same day. The Secretary, when he made up
his records, recast it in the form in which it appears in this chapter.
See resolves, 1702, chapter 48, and note.
Chap. 9. This chapter is from archives, vol 70, p. 628. It is recorded in council
records, vol. VII., ]>. 373.
The resolve which constitutes* this chapter originated in the House on the day of its
passage.
Chap. 10. This chapter is from council records, vol. VII., p. 373. It has not been
found in the archives.
The memorial (or "proposals"), by Chalkhill, has not been found, but the substance of
it appears in the preamble to this chapter, and, more particularh', in the following entry
in the records of the council : —
" March 17, 1702-3. A Memorial of AVilliam Chalkhill, One of the Monyers of Her
Majesties Mint in the Tower of London now resident in Boston jiroposing That if the
Government think titt, He would undertake to l)ring over hitherto Ten Thousand pounds
in Copper Money, at Such prises and Values as shall be Agreed upon, was Sent up from
the House of Representatives, and read." — Council Records, vol. VII., p. 370.
On the twenty-sixth of March the committee appointed by this chapter made a report,
as shown by the following record : —
" March 26, 1703. The Report of the Committee upon the proposals Offered by M""
William Chalkhill, was Ijrought in l>y John Walley Esq' Chairman and read, and laid
upon the Table, The said report being in favour of an Agreement for £5000 only and y'
in pence." — Ibid., 2). 378.
The House having asked to be allowed to know the contents of this report, it was sent
to them, on the twenty -seventh, whereupon they passed a resolve, the contents and the
fate of which are shown in the following entry : —
"March 27, 1703. The Report of the Committee upon the Proposals offered by M"'
William Chalkhill for Furnishing of the Province with small Money of Copper was sent
down to the Rei)resentatives at their Desire, & return'd again from that House with their
Resolve thereupon ; Viz,
That the Report of the Committee be Accepted, And John Walley Andrew Belcher &
Samuel Legg Esqfs & Cpt. Samuel Checkley be ai)])ointed & Impowered a Committee
forthwith to draw Articles of Agreement with the said M' Chalkhill accordingly. And the
Covenants & Engagements of the said Commtfe in this Affair shall he ratified and made
good by this Court ;
AVch Resolve being read at the Board, & the Question put, for Concurrence It was not
Consented to, But refer'd to Consideration at tlie next Court, if then Offered." — Ibid.,
p. 36'1.
No further action on this report has been discovered.
Chap. 12. This chapter is from council records, vol. VII., p. 377. It is preserved in
archives, vol. 70, p. 557.
746 Province Laws {Resolves etc.). — 1702-3. [Chap. 12.]
This chapter is based upon the following petition : —
" To the Hon'.* his Maj's Councill. and Uepresent\s assembled in Gen'} Court at Boston,
May ye 27"^ i^O'i : The petetion of Daniell Smith of Charlsf; in ye County of Midd^ in
ye province of the Massatusets Bay, Gunsmith —
Hiunblye sheweth —
That in ye inonth of Novem"" in ye Yeare 1688 when Sf Edmond. Andrews had caused
a detachment of soldiers for an Exspedetion EastwJ, his Exelencye caused som of them
to Rendezvovs at Charlst'i, and was pleased personaly to take a Yew of their arms and
finding many of them defectiuc, ordered Your Hon';3 petetioner to mend y]}}: and what y'
would not do, to supply with new ones, and Ordered Cap*." Sprague to Impress som, as
b.v Captu Spragues test: in court, and ye arms.v' were mended was by ye Majr* Warrant
which is also here, I aplyed m.y selfe to ye Hon[p coiaitte for S£ Edmonds Arrears, and
yy haueing no ovd^f about arms cuuld not medle with y.t matter, — I was directed to
appl.v^ my selfe to your Hon^.s, for Your pet."" hath been out of his money a great While
ye acctsiy before your Hon";', of Which he liath not RecJ on peney,
I>ow Humljlye pra.vs your Hon^.s to consider ye premises, and order him yi payment of
what may be found due, out of ye publick treasure.y of this province —
So shall Your petefr Ever pra.v &c." — Mass. Archives, vol. 70, j). 556.
This petition was read, first, in the House, June 5, 1702, and, apparently, after having'
been committed, the following resolve was passed thereon, on the eighth, and sent to the
Council, for concurrence : —
"Resolved — That the Sum of four Pounds be Allowed and Paid out of the Publick
Treasury to the Petitioner, besides what he can obtain of the Persons for whom he mended
Arms." — Ibid., p, 557.
No action thereon having been taken by the Council, the resolve was revived during the
present session and passed 1 13^ the House on the twentieth of March, 1702-3. It was con-
curred in by the Council and consented to liy the Governor on the twenty-fifth.
The following is the "major's warrant," in the time of Andros, referred to in Smith's
petition : —
" To the Gunsmiths in Charlestowne
You & everv of you ai-e in his Maj';es Name required forth with to repaire all such
defects as shalbe found in the fire Amies of anv of the Souldiers now Listed & drawne
up in Armes in this Towne under the Command of Cap' Noah Wiswall for his Ma.j''.e9
service, and see that the.r be every way well fixed for service ; and make a returne to me
of the Names of ye persons & the repaires made upon their Armes respectively that care
may lie taken for your satisfaction accordingly, hereof you are not to faile at your
peril. Given under my hand & scale this S'^ day of November 168'^; & in the 4'.h yeare of
his Majties Reigne. " jo Wade maio'." —Ibid.,
p. 55 S.
Smith's account of guns repaired by him under this order is as follows : —
"By Vertue of an order under ye Hand & seal of Major Jonathan Wade Dated ye 8^
day of Novembr 1688. & in y fourth .year of his Ma'ies Reigne — for Repairing Locks
guns, stocks. & other necessaryes belonging to an Armourer having particularly every
■ mans name & worke annexed hereunto. '» *• <*•
Sam" Snow for mending a lock _. . . . GO,. 01 ,,06
James Lowdens man for mending a Lock . ..'.... 00,, 01 ,,00.
Rich'^ Adson for mending a Lock 00„02„00.
Nath.i Nicholds for mending a Locke 00„01„00.
James Fowie for mending his , gun 00,, 01,, 00.
Benj'i Austin to mending a gun 00,, 03 „ 06.
Chevers for mending his Lock 00 „ 01, ,00.
Weymans man gun mending 00„03,,00.
Willni i)ean for mending a gun 00,, 01 „ 06.
Convers mans gun mending 00,, 01 „ 00.
Jacobs Herds man gun mending 00„01,,06,
Tayler mans gun mending 00 „ 01,; 06.
Clevelands musket mending 00 „ 03 „ 06.
Jonathan Wensteds gun mending 00 „ 02 ,,06.
Abraha" Chamliell gun mending 00„03,|06.
Jonathan Parker gun mending 00 ,, 01 „ 00.
James Baylis gun mending 00,, 03,, 00.
Rob'. Metope gun GO „ 02 „ 06,
Nath'. Hollands gun mendin.g for mending gun GO,, 02,, GO.
Cornf Hammonds man for gun mending GO,, 01, ,06.
Mathew Symths for gun mending 00,, 01 ,06.
Ebenezer Johnson for gun mending 00,, 01 „ 06.
AV I." Court for gun mending 00 „ 01 ,,00.
Sam] Cutler for gtm mending 00,, 04 „ 00
Ilol)t. Miria~ for ,irun mending GO „ 03 „ GO
Jno Merry for gun mending 00 „ 01 „ 06.
To two ,guns presst In- Captv Sprage 02,, 05,, GO.
To ye Exchange of 4 Guns by Captw Spargg's* order .... 01 „ 12 „ GO.
To armes fitted for Capt'i Cutlers souldiers 00,08,09
£07 „ 03 „ 00
Daxiel Smith." — Ibid.,
p. 559.
With his petition Smith filed the following certificate : —
* Sic.
[Notes.] Province Laws {Resolves etc.). — 1702-3. 7-i7
"These may Certifie wlioiiie it dotli couceriie Tliat in tlie Ei^'Iitli day of Nouember
1088 A Miliitiiry e(iiiii)any viuler the C^oiiiiiiaiiil of Leiuf" Natlianicll douse Itciiij,' <ira\vne
v]) and ready toniarcii Eastward in tlie Countreys Service A,:rainst the Indians, S' Edniond
Andrews Came oner to Cliarlstowne and veiwed tlieire arms and found severall lirearm3
Defectiue and vnserviceaiile, and ordered mee the sul)scril)er to procure fortliwith six
well (ixt Musivetts pursuant to Sr Edmond Androus order I tooke foure new Muskets out
of Mr Daniell Smitlis sliop wiiich were disposed of anionic tlie souldiers in leiw of those
that were defectiue giuen vnder my hand this 7"' day of Octoljer 1701
Richard Sphague
NATn'.i- Dows atts' the truth of the aliove Written." — Ibid., p. '>('>().
The order in Council* for the payment of this allowance was passed April IG, 1703, and
by the province treasurer's accountf it appears that it was paid.
Chap. 13. This chapter is from council records, vol. VII., p. 380. It is preserved in
archives, vol. 101, \). 238.
Tlic following is the account of disbursements mentioned in the preamble to this
chapter : —
"Boston March I'i'.h 1702/3
Prouince of Massathusetts Bay is 0"; =
ToSundrydisbursmentsljy James Russell — Elisha Hutchison Nathan- U. s. d
iell By field Jno Leuerett & Saniij Legi; Iteing A Committe appoynted (liy
the Gen'.i Asseml^ly held At Canibrid<re Octobr lr>. 1702) To make Bills of
Credit for the Said Prouince According to their Act viz li s d
6 Copper plates at 12f G'^ u ^ n ^^ ./ ^
To m'' Jno Conny for graueing 3 plates . . . „ 30 „ 0 „ 0
To John Brewer makeing a Roleing press . . . 9 ,, 0 „ 0
To nv Goold for 2 Brasses „ . 0 . IG . 10
To Armes for the press ,, . 0 „ 10 „ 00
To Jabez Salter P Iron work 38« a Gudgen 30 . ;, . 3 . 8 . 0
To m'' Sam\i phillips 4 Ream Larg pap"" at 66» F
ream
To ni' Jos Allen for printing 3200 plates at IJ Each
To wages for men hiured
To house Rent 2 mo"." from 1' January .
To an Iron Grate wood Cole blacking & expences .
To the Abouesd Committees Time in makeing liills
deliuered to y Treasurer As V his Accompt &
receipt 5000,, 00,
More of Said Bills printed & remaining in the Com-
mittees hands 5000 ,, 00 ,
£.33„15„ 0
£.13,, 14 .10
13 . 4 .
£.20,, 0„
£..8 .18.
£..2,, 0„
£..4 . 1 .
0
0
4
0
7
£.95„13„
9
£10000: 00: 0
Ja : Russell
ElISHA HlTCHIXSOX
Nathal Byfield
John Leverett.
Samll Legg." — Mass.
Archives, vol. 101, p. 238.
This account was read in Council, on the seventeenth of March, 1702-3, and the vote of
thanks included in this resolve was thereupon passed, and sent down for concurrence.
On the twenty-second, the account and resolve were read in the House, and, on the
twenty-sixth, the resolve was passed, in concurrence, and a further resolve for granting
the allowance was passed and sent to the Council, for concurrence. It was concurred in
by the Council, on the twenty-seventh, when both resolves were consented to by the
Governor. In. making up his records, the Secretary combined these resolves, as seen in
this chapter.
The order in Council^ for the payment of this allowance was passed April 16, 1703, and.
the province treasurer's account^^ shows tuat it was dtily paid.
Chap. 14. This chapter is from council records, vol. VII., p. 380. It has not l)een
found in the archives. See Province Laws, 1702, chapter 8, and resolves, 1702, chapter
74, note.
Chap. 15. This chapter is from council i-ecords, vol. A'll., p. 381. It has not been
found in the archives. See references in note to chapter 4, supra, and resolves, 1702, chap-
ter 34, and note, and the foot-note to the present chapter.
Chap. 16. This chapter is from council records, vol. VII., p. 381. It has not been
found in the archives.
The following entry in the council records explains the fmindation of Minot's claim : —
* Executive Records of the Council, vol. 3, p. 426.
t Mass. Archives, vol. 122, p. 169.
X Executive Records of the Council, vol. 3, p. 425.
§ Mass. Archives, vol. 122, p. 167.
748 Peovixce Laws {Resolves etc.). — 1702-3. [Chap. 16.]
" Match. 10, 1702-3. His Excellency Communicated to the Council the Applications,
made to him in writing by Some Considerable Number of the Members of this Court;
That the Court might Sit at Cambridge, or elsewhere, as his Excellency should think fit.
They being fearful to Come to Boston, by Reason they have not had the Small pox, and
come fresh out of the Country ; That Distemper having lately prevailed much in Boston,
and the Town not yet quite Clear thereof
And his Excellency further Acquainted the Council That the House of M' Stephen
Minott, in the Occupation of John Walker Situate at the further End of Boston neck,
remote from the Body of the Town had been proposed to him, as Commodable to Enter-
tain the Court; And Sent for M^ Minot to enquire of him thereabout. And Desired John
AValley, and Penn Townsend Esq'* to Informe the Representatives now mett at their
Chamber thereof And with One or More of the representatives, to view the Accomoda-
tions of the said House, Directins Mr Minott to attend them and to See that Suitable
Tables, and Chairs for the Courts Sitting be provided."— Co?<«cj7 Records, vol. VII.,
p. 359.
The order in Council* for the payment of this allowance was passed April IG, 1703, and
the province treasurer's accountf shows that it was duly paid.
* Executive Records of the Council, vol. 3, p. 426.
« t Mass. Archives, vol. 122, p. 169.
ERRATA
Page 53, title of chap. 15, for " Southfield," read " SufReld."
" 65, titJe of chap. 52, for " province," read " colony."
" 98, title of chap. 69, add to the title, as printed, " and for tlie future maintenance of the North-River
Bridge."
" 108, title of chap 2, for "May 7," read "May 27."
" 110, title of chap. 7, for " 1692," read '• 1693.'
" 110, title of chap. 9, substitute, " Order directing the justices of the Court of Sessions for the county
of Bristol and the selectmen of the town of Bristol for the year 1G95, and the justices of the
Inferior Court of Common Pleas for Martha's Vineyard, to appear and answer, respectively,
to the complaints of John Wilkins and Nathaniel Oliver ; and requiring the complainants to
be present at the hearing."
" 143, title of chap. 78, for " Sewell," read " Sewall."
" 160, title of chap. 28, for " town," read " parish."
" 267, title of cliap. 67, for " Stutson," read " Stetson."
" 277, title of chap. 96, for " Middlesex," read '-Suffolk."
Pages 290 and 337, titles of chaps. 14 and 5, for " Purchase." read " Purchis."
Page 309, foot-note, substitute for the words in brackets, [i. e. of the Castle, Hutchinson].
" 318, title of chap. 80, for " Hale," read " Hall."
" 333, James Coffin should have been entered in the Secretary's list as deputy from Nantucket.
" 362, title of chap. 74, insert " print," before " sign."
" 378, line 5, for " June," read " January."
" 384, chap. 3, line 7, for " Grandville," read " Grandval."
" 386, line 53, for " first. ' read " second," and in line 54, for " twenty-sixth," read " twenty-third."
" 452, chap. 38, add the following to the eighth paragraph: "save that the province treasurer paid
Mather one hundred pounds, April 14, 1693, for which the Council ordered a warrant to issue
on the sixth of June, following."
• " 507, line 10, for " Eams," read '-Emes."
" 559, foot note J, for " p. 120," read " p. 126. '
" 696, line 8, for " fifth," read " first."
" 702, line 17, for " June 1, ' read "June 11 "
" 732, chap. 56, second paragraph, strike out all after " Boston," and insert, " Coffin who is called ' John '
in the Council Records, and 'James' in the archives and in the Executive Records of the
Council, appears to have been James of Nantucket whose name is not included in the Secre-
tary's list. He certainly represented Nantucket in 1700-1, and probabi,v in the year 1702,
although from the loss of the town records and of the list of subscriliers to the qualif3'ing
oaths the fact cannot be established by the documentary evidence usually relied upon " See
chap. 24.
Index of Names
[749]
INDEX OF NAMES.
JS.,
PA(i
Abbot (see Abbott),
Abbott, John, 239
Abliott, Thomas, 292, 475, 566
Alieel,John 479
Abel 531
Abiraelcck, John, 627
Aboire, Prest 578
Abomhomon orMaherlmet, John 739
Aborigines, 436
Acadia (see Xova Scotia).
Adaras, Edward, 7, 332
Adams, John, 476
Addams, John (see Adams).
Addingtou, Isaac (Secretary of the ■province)^ 5, 19, 32,
35, 43, 60, 68, 71, 91, 93, 103, 135, 136, 147,
.169, 175, 179, 188, 194, 195, 204, 211, 212,
215, 228, 231, 237, 241, 242, 253, 255, 264,
265, 275, 276, 278, 283, 289, 292, 296, 298,
300, 305, 308, 309, 324, 331, 335, 336, 338,
339, 342, 344, 347, 351, 353, 354, 359, 360,
367, 368, 376, 380, 388, 391, 436, 437, 450,
451, 452, 454, 457, 464, 483, 484, 486, 488,
493, 495, 500, 502, 509, 512, 516, 527, 536,
542, 547, 548, 551, 552, 555, 560, 579, 582,
584, 586, 592, 595, 596, 600, 601, 604, 609,
611, 615, 616, 627, 636, 638, 639, 640, 642,
643, 663, 664, 665, 666, 671, 673, 676, 679,
683, 684, 686, 687, 688, 690, 697, 698, 699,
702, 704, 713, 714, 718, 729, 733, 740, 741
Adeawanadon (an Indian), 739
Adington (see Addington).
Adkins, Thomas 232
Adolph, Derrick, . . 475
Adson, Richard, 746
Adventure, The brigantine 475, 476
Adventure, The ship, 690
Agents to England (see Ashurst, Cooke, ^father,
Oakes, Phipps, Sergeant, Winthrop, Wiswall).
Aissett (an Indian), 457
Albany, 25, 57, 83, 201, 295, 339, 378, 380, 381, 382, 395,
418, 438, 439, 440, 444, 472, 473, 479, 480, 523,
525, 526, 527, 530, 560, 571, 596, 604, 605, 606,
679, 721, 737
Alber (Albert) , Peter 638
Alcock, Job, . ■ 6
Alden, John 597. 601, 621
Alderton (see Point Aid erton).
Alexander, Joseph 449
Alexander, Nathaniel, 528
Alford, Benjamin, 733
Algiers, 584
Allen, Allin, Alline, Allyn (see below).
Allen, Benjamin 129, 189, 190, 522
Allen, Bozoun 238, 262, 491, 651
Allen, Daniel 333
Allen, Ebenezer, 6, 8
Allen, Elisha 727
258, 265, 272,
Page
. 028
. 476
493,495,496, 531,009
. 733
327, 674
. 450
. 747
. 450
. 115
. 580
. 21, 30
. 716
. 401
154, 155
[75
Allen, Francis, ,
Allen, Jacob,
Allen, James,
Allen, Jeremiah,
Allen, John (Boston),
Allen, John (Dartmouth),
Allen, Joseph, ....
Allen, Josiah
Allen, Matthew,
Allen or Allin, Richard, .
Allen or Allin, Ruth (see Knill).
Allen, Samuel (Bridgewater), .
Allen, Samuel (New Hampshire),
Allen, William, ....
Allen, William, jun.,
AUerton (see Point Alderton).
Allexander (see Alexander).
Allin, Daniel, . 20, 29, 30, 34, 36, 388, 391, 392, 410, 411
Allin, John 20
Allin, Joseph, 376
Allyn, John, 379, 381, 417, 418, 438, 439, 440, 461, 462, 463,
464, 530
Almy, Almey, Amy (see below).
Almy, Christopher, . . . 660, 661, 662, 666, 66"
Almy, Christopher, jun., 659, 660, 661, 663, 664, 665, 666,
668
Almy, William 666, 668
Amassahantick (Anasagunticook), . . . 737,739
America, 5, 51, 120, 122, 127, 128, 170, 196, 257, 387, 388,
392, 394, 431, 432, 433, 435, 442, 448, 468, 501,
512, 513, 520, 567, 582, 597, 640, 643, 670, 679,
685, 695, 698, 721, 722
America Merchant, The ship, . . . 225, 475, 622
American or Americans, . . 132, 228, 386, 442, 533
America, North, . . . .50, 432, 433, 472, 537
Amesbury, 7, 20, .30, 45, 73, 77, 105, 130, 149, ISO, 185, 186,
213, 239, 243, 284, 333, 365, 402, 449, 465, 466,
522, 592, 634, 637
Amesden (see Amsden).
Amsden, Jacob, . . . . . 317, 600, 705
Ancient and Honorable Artillery Company, . . 5
Andover, 7, 20, 30, 45, 73, 105, 149, 180, 185, 213, 239, 284,
333, 365, 466, 522, 523, 531, 532, 562, 590, 591,
592, 600, 700
Andrew, Anderos, Andrews, Andros, Andross,
Androsse, Androus (see below).
Andrew, Samuel, 423, 424
Andrew and Samuel, The bark 584
Andrews, Nicholas 453
Andrews' (or Two Brothers) Point, , . .738
Andros, Sir Edmund, 125, 223, 250, 255, 256, 261, 271, 274,
276, 288, 297, 303, 315, 321, 326, 342, 347, 357,
370, 377, 383, 387, 392, 404, 405, 406, 407, 423,
424, 427, 431, 4S7, 447, 448, 468, 486, 517, 569,
.597, 611, 619, 620, 640, 645, 646, 647, 648, 649,
350, 652, 657, 665, 671, 675, 678, 688, 692, 697,
708, 719, 720, 746, 747
Andros, John 563
1]
752
Index of Xames.
Page
Androscoggin Kiver, 602, 603
Angler, Samuel 258,265,272
Angouleme, o97
Anne, Queen, 331, 335, 336, 337, 338, 342, 343, 344, 360,
435, 436, 713, 714, 715, 716, 718, 722, 739,
740, 741
Anrille (see d'Aiiville) .
Appleton, John, 148, 179, 211, 212, 237, 283, 331, 339, 344,
345, 406, 688, 72U, 739
Appleton, Jose, 670
Appleton, Samuel, 5, 213
Aquidneck, 659
Arlington, Henry Bennet, Earl of 659
Arnald (see Arnold).
Arnold, Benedict *. 659,662
Arnold, John, 33,233, 239, 251, 277, 390, 457, 458, 608, 626,
627, 641
Arnold, Seth 30, 239, 285, 662
Arnold, Stephen, 660
Arran, Charles Butler, Earl of (Irish) (called
Duke of Hamilton) 308,684
Arran, James Douglas, Duke of Hamilton and
Earl of (Scottish) 684
Arrowsick Island, 680
Arundel, The frigate (or ship), 513, 514, 585, 653, 696
Aselby (see ^-Is^efiee).
Ashley, David 8
Ashley, Evelyn, ■135
Ashley, William 634
Ashurst or Ashhurst, Henry, 436
Ashurst, Sir Henry, Bart., 51, 52, 56, 59, 84, 199, 216,
226, 248, 296, 300, 307, 308, 427, 428, 429,
434, 437, 442, 448, 515, 516, 585, 588, 592,
595, 608, 639, 616, 635, 673, 674, 678, 684,
685, 686, 694, 695, 696, 703
Ashurst, Judith 436
Ashurst, Sir William 436
Aslebee, John 234
A spin wall, Aspenall, Aspinal, Aspinall, Aspinwal
(see beloir).
Aspinwall, Peter (see Company), 153, 525, 526, 550, 551,
559, 560, 725
Asseline, Pierre, "-l-l
Assonet 660
Assurowlaway (an Indian) 601
Athanasius, 6-1-1
Athearn, Simon, 8, 149, 511
Atkinson, Theodore 206
Atkyns, Sir Robert, . . . ' . . . .435
Atlantic Ocean 590
Attleborough, . 63, 72, 77, 155, 160, 202, 318, 611, 705
Austin, Benjamin '''46
Austin, Matthew, 186, 592
Austin, Samuel 244, 634, 635
Austine (nee Austin) .
Ayer, Peter 73, 105, 129, 180, 512, 522
Ayer, Samuel 284
Ayre (see Ayer) .
Backhouse, Francis, .
.■3
»
. 635
Bacon, John,
. 285
Bacon, Michael, .
. 349
Bailey, Peter, .
. 628
Baisterd, James,
. 744
Baker, John (Dedham),
72
Baker, John (Swanzey),
248, 638, 639
Baker, Nathaniel,
. 567, 628
Page
Baker, Samuel 733
Baker, Thomas 6, 7, 20, 30, 45, 180
Balch, Samuel, 180, 213, 239, 284
Balcom, John, 366
Balcome (see Balcom).
Ball, Joseph, 475
Balaton (see Salstone).
Balstone, Jonathan 125,517
Balstone, Jonathan, jun., 517
Bancroft, Thomas 130, 522
Bane, Lewis 619
Banges, Jonathan 8
Banister, Thomas, 349
Banker, Evert 479
Banks, Joseph, 619
Bant, Gilbert, 518, 582
Baptiste, Baptist, Battist (see beloic).
Baptiste, Jean (The Sieur), 576, 577, 578, 585, 586, 601, 628
Baptists, 659
Barbadoes, 79, 163, 386, 442, 469, 473, 520, 568, 577, 578,
579, 583, 584, 585, 587, 688, 656, 716
Barbadoes, The ship, 291, 678
Barber or Barbur, Samuel, ... 44, 180, 238
Barber-Surgeons Company (London), . . . 434
Barbut, Guillaume 640
Barclay, Sir George, 489
Bare, Peter (see Le Bare) .
Barker, Francis, o 181, 285
Barlow, Aaron 8
Barnard, John 105,164,512
Barnard, Joseph, ...... 6,8,390
Barnard, Samuel, 443
Barnard, Thomas, 569, 570
Barnes, James 238, 262, 278, 651
Barnes, Thomas, 598
Barnes, William, ....... 598
Barnet, Thomas (see Barnard) .
Barns, John 7
Barnstable, 8, 21, 30, 45, 73, 105, 149, 171, 181, 212, 239, 285,
333, 366, 488, 558, 565, 580, 624, 662, 665
Barnstable Bay 170
Barnstable, County of, 8, 16, 20, 21, 30, 45, 73, 98, 105,
109, 138, 149, 181, 212, 239, 285, 333, 366, 486,
480, 490, 555; 563, 600, 666, 668
Barr, John 72T
Barrer, John, 57T
Barrett, Barrat, Barratt (see beloio).
Barrett, John 634, 635
Bartholomew, William 7
Bartlett, Abijah, 598
Bartlett, Robert, 453
Bartlit (see Bartlett) .
Barton, James 410
Basset (see Bussett).
Basset, Pierre 640
Bassett, David 561
Bassett, Sarah 631
Bassett, William, 10, 141, 149, 171, 212, 333, 366, 580, 740
Bastard, Pierre 744
Bastille, The, 597
Bath (England), 435
Batt, Timothy 632
Battery, North (Boston), . . . . 713,723,743
Battery, South (Boston) 607,713,743
Battilic, Peter, 577
Battist, 628
Baxter, John 20,29,212,284,332,365
Bayard, Nicholas 382, 692
Index or Naimes.
753
Paoe
Bayloy, James, 746
Beacon (see lidam).
IJcalc, l?eal, IJeales {see below) .
Beale, Jeiemiali 7, 284
Beale, Nathaniel 20, 29
Beales, Joshua 238
Beaman, Simon, 389
Beamont, Joniah (see liemeiit, John) .
Beau, Bane, Beane {see helaw).
Bean, Joseph 350, 725, 726
Bear, The ship, 76, 465, 476
Beatson, Robert, 588
Bedloe, Isaac, 656
Beers, Richard 165, 728
Begar (Begard), John 577
Belcher, Belchar, Belchier, Belchor (see beloic).
Belcher, Andrew, 7, 10, ISO, 207, 212, 233, 284, 331, 332,
337, 338, 339, 341, 344, 367, S68, 370, 412, 481,
518, 548, 549, 580, 615, 628, 609, 673, 691, 698,
744, 745
Belcher, Joseph 287, 674
Belcher, Theodora 609
Belding, Daniel 396, 573
Bellefor or Bellfond (Bellefont), Charles, . 577,578
Bellford (Bellefont), Jacques, 578
Bellicr, William 561
Bellomont, Balemount, Belamont, Bcllaniont {see
beloHt).
Bellomont, Richard Coote, Earl of, 158, 159, 174, 175, 183,
186, 188, 189, 195, 196, 203, 211, 216, 218, 220,
228, 230, 237, 238, 248, 251, 2o2, 253, 254, 257,
260, 262, 263, 264, 265, 272, 273, 275, 278, 279,
306, 307, 309, 313, 332, 500, 552, 565, 582, 583,
584, 586, 587, 588, 592, 596, 604, 605, 608, 609,
615, 616, 617, 618, 620, 621, 622, 623, 624, 625,
626, 633, 634, 635, 636, 637, 638, 639, 640, 642,
643, 644, 650, 653, 654, 670, 673, 674, 675, 670,
678, 679, 680, 681, 683, 685, 686, 687, 690, 696,
700, 701, 707, 709, 712, 719, 720, 722, 734, 735,
736, 737, 739
Bellomont's Bay, 680
Bellouille or Belouille (Belleisle), Peter, . 577,578
Bement, John, 75, 378, 460, 465
Benjamin, Joseph, 229, 624
Bonnet, Henry {see Arliiitjtoii).
Bennet {see Bennett) .
Bennett, Thomas 475
Bent, Hopestill 348, 352
Bergeren or Bergerian (Bergeron), Bartholomew,
457, 577, 578
Bernard, Paul, 640
Bernon, Gabriel, 640
Berwick {see Garrison), 160, 202, 229, 243, 209, 301, 304,
481, 566, 610, 088, 689, 693
Belty, The sloop, 475
Beverly, 7, 20, GO, 45, 72, 105, 149, ISO, 213, 239, 270, 284,
333, 365, 657
Bible, Israel 132,674
Jeremiah 587
Job, 074
Psalms, . , 674
Bill, Samuel 628
Billcrica, 7, 21, 29, 44, 55, 63, 72, 104, 148, 180, 185, 213,
239, 248, 268, 285, 297, 322, 333, 349, 306, 479,
504, 655, 709
Billing, John, . . . . » . . . 605
Billings, Joseph, ...... 701,724
Billings or Billing, Nathaniel, . . . . , . 366
Page
Bird, James, 628
Bishop, Bridget 630
Black, Daniel, 619
Blackmore, The sloop, 475
Blagg {see Blagge).
Blaggo, Benjamin 476
Blagrove, Nathaniel, . . . 366, 491, 493, 592
Blake, William, 148
Blaney, Anthony 494,495,496
Blang (Plain), Francis 631
Blanie {see Blaney).
Blatliwait {see Blathvjaijt) .
Blathwayt, Anne, 435
Blathwayt, Mary 435
Blathwayt, William 435
Blathwayt, William, jun., 52, 435, 515, 609, 075, 07y, 716, 720
Bleati, John 561
Bleeker, Jan Jansse 479
Blessing, The shallop 574
Blessing, The sloop 475, 470
Bletsoe, Mr., 714, 715
Blish, Abraham, 670
Bliss, Nathaniel, 45
Block Island 387, 417, 462, 549, 550
Blogget, Samuel 21, 30
Bloods' Farms (Concord), . . . 55,248,297
Blower, John 578
Blue Anchor Tavern (Boston) 564
Boardman, Aaron, 671
Boardman, Andrew, . 671
Boai-dman, William 671
Bodleian Library (England) 435
Bodry (Baudry), John, . . m. . . . 585
Bogle, Alexander 326, 357, 712, 732
Bomazeen, Bomazy, Bomazyn, Bombasine, Bora-
bazeen, Bombazin, Bomoseene, Bumazen, Bum-
azene {see beloio).
Bomazeen (an Indian), 96, 200, 457, 474, 546, 501, 562,
577, 578, 585, 601, 604
Bomer, Matthew 144, 557
Bonadventure {see Bonaventure).
Bonam {see Bonham).
Bonaventure, Simon Denys de, . . 591, 595, 597
Bonham, George 701
Bond, William {Speaker of the House of Repre-
sentatives), 6,7,11,20,21, 72, 81,376,383, 384,387.390,
409, 416, 433, 452, 467, 468, 469, 474, 482, 483,
484, 486
Bondet, Daniel 447
Boniree, The sloop 475
Bonny (Bonnet), William, 631
Bonus, John, 733
Boone, Nicholas, 327, 362, 742
Booth, William 475
Boreland {see Borland).
Borland, John 518, 582, 733
Borneo 690
Boscawen, Hugh 204
Boston {see French Church, King's Chapel, Old
South Church, lieghnent. Troop; also, under
the following names of streets, etc.: Federal,
Scarlet's Wharf, School, Sea, State, Su7n-
mer, Washington and Water), 5, 7, 9, 13, 14, 20,
21, 23, 25, 29, 31, 33, 37, 44, 45, 47, 55, 57,
63, 66, 68, 71, 72, 75, 84, 85, 86, 88, 92, 93,
95,96,97,104, 107, 108, 110, 117, 120, 125.
129, 134, 137, 141, 148, 151, 153, 154, 160,
162, 163, 169, 170, 172, 175, 180, 183, 187,
754
Index of ]S'ames.
I'age
Boston — Concluded.
190, 193, 195, 197, 200, 201, 206, 211, 212,
215, 221, 225, 229, 2o2, 233, 237, 23S, 241,
249, 250, 251, 253, 2G3, 204, 265, 267, 268,
277, 2S0, 2S4, 287, 289, 291, 292, 295, 299,
300, 301, 302, 303, 310, 313, 314, 316, 318,
320, 331, 332, 335, 337, 338, 339, 341, 348,
353, 355, 358, 362, 365, 367, 376, 377, 378,
379, 380, 384, 385, 386, 388, 389, 390, 391,
392, 393, 398, 491, 402, 405, 406, 408, 411,
412, 413, 414, 416, 417, 419, 421, 423, 424,
426, 427, 428, 429, 430, 431, 432, 433, 434,
435, 436, 437, 438, 439, 440, 441, 442, 444,
445, 447, 449, 452, 453, 454, 457, 458, 459,
460, 461, 462, 463, 464, 465, 469, 470, 471,
472, 473, 474, 475, 476, 478, 479, 481, 482,
483, 484, 485, 486, 487, 488, 489, 490, 491,
493, 494, 495, 496, 498, 600, 501, 502, 504,
505, 507, 508, 509, 510, 511, 513, 515, 516,
517, 518, 519, 520, 521, 522, 524, 527, 528,
530, 531, 536, 537, 538, 539, 542, 543, 544,
645, 546, 547, 549, 550, 551, 552, 553, 554,
555, 556, 557, 559, 560, 561, 562, 563, 564,
566, 567, 568, 569, 570, 571, 572, 574, 575,
576, 577, 578, 579, 580, 581, 582, 583, 584,
585, 587, 588, 589, 591, 592, 593, 596, 597,
598, 599, 600, 601, 604, 606, 607, 608, 609,
610, 611, 612, 613, 614, 615, 616, 617, 618,
619, 620, 621, 622, 623, 624, 625, 626, 633,
634, 636, 638, 639, 640, 641, 643, 644, 645,
647, 649, 650, 652, 653, 654, 655, 656, 657,
658, 659, 660, 661, 663, 665, 666, 668, 669,
670, 671, 672, 673, 674, 675, 678, 679, 680,
681, 683, 684, 685, 686, 687, 688, 690, 691,
692, 694, 695, 697, 698, 699, 700, 701, 702,
705, 706, 707, 708, 709, 710, 713, 716, 717,
719, 722, 723, 724, 725, 726, 728, 729, 730,
731, 732, 733, 735, 736, 738, 743, 745, 746,
747, 748
Boston, East 427
Boston Neck 748
Bos worth, Edward, 126, 520
Boucher, Louis 353, 728
Boulanger, 628
Bourne or Borne, Sheiirjashiili, . . . 8,63,239
Bouten (Boutel), Baptiste 577,578
Bowen, Obadiah 104, 105
Bowen, Richard, 104
Bowers, Jerahmeel, 148, 180, 1S7
Bowles, Joseph, 635
Bowmer {see Bomer) .
Boxford, 7,30, 73, 149, ISO, 2i)2, 213, 239, 247, 284, 310,
' 320, 333, 340, 3G6
Boy nton, John ISO
Boynton, Joseph, . . . 20, ISO, 2S4, 326, 333, 365
Bracket {see Brackell) .
Brackett, James, 238, 593
Bradbury, Tliomas, 398, 400, 401
Bradford, . 7, 20, 180, 185, 213, 284, 288, 319, 333, 365
Bradford, Jean 744
Bradford, John 6,10,73,142
Bradford, "William, . 6, 19, 44, 71, 103, 147, 179, 512, 659
Bradish, Joseph 690
Bradley, Daniel 638
Bradly (see Bradley).
Bradshaw, Ifumphrey, 422
Bradstrc'ct, Broadstraet, Broadstrcet {.leelielow).
Brudstreet, Dudley, . 7, 73, 149, 180, 213, 548, 590, 634
Bradstreet, Humphrey, 624
Bradstreet, Simon, . . 5,141,361,398,435,448,548
Bragdon, Arthur, 186
Braintree, 7, 20, 29, 44, 72, 104, 105, 148, 180, 212,238,284,
332, 365, 447
Brandenburg, Frederick III. (Ilohenzollern), Elec-
tor of Brandenburg and Duke of Prussia, Duke
of 640
Brattle, Edward, . 333,335,356,518,707,726,739
Brattle, Thomas, 10, 273, 309, 316, 325, 345, 357, 368, 372,
430, 670, 677, 698, 609, 705, 710, 722, 723,
732, 743, 744
Brattle, William, 452
Breau (Brantt), Chale 744
Breck, John, 508,509
Breda, 596
Brenton, Ebenezer, 21, 30, 45, 104, ISl, 212, 239, 241, 271,
285, 300, 321,333, 335,336, 512, 642, 708, 730
Brenton, Jahleel, . . 21,30,294,383,384,588,686
Brett, Elihu 73,239
Brewer, Daniel 508, 509
Brewer, John, 747
Bridger, Bridges, Bridgier {see below).
Bridger, John, . . . < 183, 190, 442, 587, 588, 594
Bridges {see Charles River, Eel Rieer, Jones River,
North River, Taunton River) .
Bridges, Josiah 727
Bridgewater, 6, 21, 30, 45, 70, 105, 149, ISl, 213, 239, 366,
026, 662
Bridgewater, John Egerton, third Earl of, . . 68G
Bridgham, Bridgeham, Brigham {see heloni).
Bridgham, Joseph 148, 162
Brigges {see Briggs).
Briggs, Edward 666
Briggs, Job, jun., ....... 666
Briggs, John 666, 668
Briggs, John, jun. 666
Briggs, William (Boston), 567
Briggs, William (Little Coinpton), . UOI, 605, 666, 667
Brigham, John, 7,587
Brigham, Samuel 148, 213
Bright (Benjamin?) 630
Brisco {see Briscoe) .
Briscoe, Joseph, 567
Bristol, 8, 21, 29, 30, 38, 45, 72, 104, 110, 127, 149, 181,202,
212, 239, 271, 285, 299, 333, 351, 366, 3S6, 413,
428, 448, 450, 470, 478, 491, 492, 493, 494, 520,
544, 555, 626, 658, 659, 662, 664, 665, 666, 668,
684, 700, 701, 707, 726
Bristol, County of, 8, 16, 20, 21, 29, 30, 45, 72, 104, 110,
137, 149, 181,189,212, 239, 269,271,285,289,
311, 318, 319, 333, 356, 366, 491, 492, 493, .507,
543, 544, 5.55, 600,625, 626,638,6.58,661,064,
665, 666, 667, 668, 700, 701, 706, 707, 731
'Briiitci\,'E.M-\ oi {see Blathwayt) 435
Bristow {see Bristol),
Britain {see Great Britain).
Britaine, Peter 475
British Museum, 435
Brittoonc, John, 631
P.roadbent, Joshua, 627
Bromfield, Edward, 29,44, 72,411, 4.''.4, 518, 548,567, 580,733
Brookiield {see Garrison), 9, 34, 186, 197, 247, 288, . '546,
379, 389, 395, 396, 398, 570, 597, 598, 605, 637,
G.-)3, 718
Brooks, Jonathan, 198
IJrooks, Tliomas, 475, 733
Brown, John 8, 16, 285, 492, 493, 543
Index of IS'aimes.
755
Tage
Brown, Joseph, 30, 7i
Brown, Thomas, 302
Browne, Benjamin, 20, 30, 213, 238, 284, 314, 332, GST,
688, 694, 718
Browne, George, 7
Browne, Ilonry, . . .... 635
Browne, Jabez, 7
Browne, Job 629
Browne, John (Muibluhead), 7,30, 388,453, 574, 706, 707
Browne or Brown, John (Ucacling), 21, 104, 239, 241, 285,
512, 030, 039, 642
Browne or Brown, Nathaniel, ... 30, ISO, 213
Browne, Samuel, . . . 148, 180, 284, 289, 305
Browne, Thomas, 7, 21, 44, lOS, 175, 184, 333, 575, 586,
587, 589, 688, 6S9
Browne, William, 19, 43, 71, 103, 147, 179, 211, 237, 283,
285, 314, 331, 344, 512, 548, 688
Browne, William, jnn., 406
Brownel {see BroicncU).
Brownell, Robert 666
Brownet (Brunei), 628
Bruger, Isaac, 577
Brunhol, Joseph, 727
Bryant, John, 475
Bryar, Richard 333
Buade, Louis do {nee Fr(»iteji(ic).
Buchanan, John 567
Bucli, Eleazar 629
Buckannon {see BhcIkiikui).
Bulfincb, Adimo 724
Bulkley, Peter 405, 423, 455, 456, 508
Bull, Jonathan, . . 552
BuUivant, Benjamin 595
Bullock, Samuel, 104
Bullock, Stephen 476
Bulwer, Sir William Henry Lyttou Earle (Baron
Bailing and Bui wer), 435
Bumstead, Bumsted, Burasteed {see below).
Bumstead, Jeremiah, . . 224, 301, 621, 687, 688, 689
561, 576, 578
. 640
ril {see beloxv).
577
577
725
744
434
148
Buquerett, , .
Bureau, Francois,
Burgan, Peter, .
Burracott, John,
Burnam, John, .
Burnard (Bernard), Jean,
Burnet, Gilbert,
Burrill, Burill, Burrel, Burrell, Bur
Burrill, John, .
Burrill or Burril, John, jun., 7, 20, 30, 45, 72, 105, ISO,
190, 213, 239, 255, 284, 512, 594, 636, 642,
676, 704
Burrington, Thomas 412, 713
Burroughs, Francis, 256, 343, 411, 508, 509, 619, 620,
653, 670, 708
Burroughs, George 630
Burton, Steplien 8, 414, 726
Busse, John, 634
Busse, Peter 635
Buswcl, William (.see Buswell).
Buswell, Isaac, 399
Buswell, William 402, 4o7
Butler, Charles (.see Arran).
Butler, James (.see Ormond).
Buts (.see Butts).
Butts, The (Salem) 548
Butts, Peter, 727
Butts, Thomas. . 606
Butts, Zaccheua, 000
I'AOE
Byfield, Nathaniel (Speaker of the ITouse of
ItepreseutativeH), 21, 29, 30, 36, 39, 45, 54, 104, 135, 142,
148, 155, 158, 102, 164, 105, 180, 194, 195, 212,
215, 237, 283, 289, 314, 332, 338,339,344,347.
353, 360, 375, 38.3, .384, 386, .391, .393, 394, 308,
410, 411, 413, 440, 452, 468, 471, 492, .505, :m,
512, 520, .532, 5.33, 548, 549, 550, 551, 504, 505,
568, 571, 572, 595, 620, 642, 651, 669, 070, 688,
697, 099, 711, 715, 720, 730, 733, 736, 739, 740,
741, 742, 743, 747
Byfild {see Byfield) .
r.yU'H, Josiah 724
C
Cadaracqui {see Kingston, Ontiirio).
Cadaracqui River, 480
Cadman, George 543
Calef, Robert, 531
Galley, Cauley, Cawley {see beloin).
Galley, John, .573, 574
Calli^res, Frangois de, 735
Gallon, 585
Cambridge, 7, 21, 29, 44, 47, 48, 72, 79, 104, 111, 115, 148,
180, 191, 202, 213, 225, 229, 238, 241, 245, 2.33,
255, 257, 258, 259, 262, 264, 265, 271, 272, 275,
284, 317, 333, 348, 352, 354, 366, 371, 419, 420,
421, 423, 424, 425, 426, 427, 452, 467, 468, 478,
496, 497, 498, 510, 559, 582, 008, 600, 616, 622,
623,635, 638, 644, 645, 051, 6.52, 608, 071, OOT,
698, 703, 704, 705, 708, 727, 728, 729, 730, 732,
739, 745, 747, 748
Cambridge Bridge (see Charles River Bridge).
Cambridge, New (see Newtoii).
Cambridge Village (Newton), . . . . 422,423
Campbell, Camball, Gamble (see belaud).
Campbell, Colin, 435
Campbell, Duncan 50, 433, 434, 500, 501
Campbell, John, 691
Campeachy Bay 708, 730
Canada, 123, 125, 188, 225, 26S, 295, 378, 379, 380, 381, 382,
384, 388, 395,397, 413, 437, 448, 449, 451,400,
469, 479, 480, 482, 483, 486, 504, 505, 517, 536,
537, 543, 549, 562, 579, 585, 592, 593, 596, 597,
602, 605, 006, 607, 622, 629, 631, 637, 656, 735,
737, 733
Canada River, 55, 385, 442
Canadian or Canadians 380, 735
Canary (wine) 549
Ganonicut « 659
Ganso, 385
Gapawok {see Mur-lha's Vinet/a)d).
Cape Anawagon (see Cape Newagen).
Cape Ann 172, 580
Cape Breton 596, 612
Cape Cod 166, 580
Cape Neddick or Neddock, Nuddick, Nudick (see
below).
Cape Neddick or Neddock, .... 140, 545
Gape Newagen, 680
Cape Sable, 514,595,710
Gardenier, Pierre 744
Carey, Matthew, 504, 505, 632
Caribbee Islands 442
Carket, William, 476
Garolinau, Fort 577
Garr, Car, Carre (see heloio) .
Carr, Caleb, ,.„.,!... 659
756
Index of I^ames.
Page
Carr, George, 35, 39S, 399, 400, 401, 402, 403, 404, 405, 407,
408
Carr, James, . . . 404, 405, 40C, 407, 408, 409
Carr, Richard 404,405,408,409
Carr, Rjbert, 479
Carr, William, 407
Carraban, Timothy 561, 576, 578
Carr's Island .... 398,399,400,404,405
Carter, Bethia 631
Carter, John 457,474,487
Carter, Thomas, 518
Cary, Elizabeth, 582
Cary.John 45,414,492
Cary, Nathaniel 104, 105
Casco Bay {see Garrison), 32,254, 294, 571, 603, 637, 680,
736, 738, 745
Case, James 666, 608
Castle aud Castle Island (see Garrison) , 207, 221, 227, 263,
273, 274, 290, 295, 298, 309, 314, 316, 323, 325,
339, 349, 352, 357, 359, 367, 368, 372, 410, 430,
448, 519, 541, 542, 618, 623, 647, 648, 653, 654,
670, 673, 677, 680, 681 , 683, 698, 699, 705, 710,
711, 712, 713, 714, 715, 716, 719, 721, 722, 723,
726, 727, 732
Cataimock {see Kataymuck).
Catouch, Rowland 412
Cayonquiragoe (Governor Benjamin Fletcher), 479, 480
Cayugas (Indians) 440
Centurion, The frigate 331,702
Chabot, Jean 640
Chadwick, John, 284
Chaffee, Nathaniel, 104
Chalkhill, William 370, 745
Chambell, Abraham, 746
Charane, Chimnee, Chamriey, Ohampnes, Champ-
ney {see beloic).
Chamne, Richard 420, 497
Chamne, Samuel, .... 7, 10, 44, 72, 468
Champaine (Champagne), , . . 561,576,578
Champante, John 315
Chandler, John 725
Chandler, Thomas 45
Chantillon, , 561, 577, 578
Chapin, Josiah, 7, 365, 503, 504
Chardon, Peter 250, 641
Charles, The sloop, 476
Charles II 442, 596, 660, 677
Charles River, 47, 48, 242, 245, 248, 419, 420, 421, 422, 423,
424, 425, 426, 427, 467, 468, 635
Charles River Bridge, 47, 48, 229, 242, 245, 423, 424, 425,
426, 427, 467, 468, 635
Charlestown, 7, 21, 29, 44, 72, 84, 104, 105, 111, 148, 166,
160, 180, 198, 213, 238, 244, 252, 284, 317, 333,
350, 358, .366, 370, 427, 431, 452, 474, 478, 496,
497, 498, 499, 500, 579, 580, 587, 599, 617, 628,
634, 667, 705, 706, 722, 724, 728, 729, 746, 747
Charlevoix, Peter Francis Xavier de, 378, 537, 549, 591,
696
Charter Street (Salem) .548
Chase, George Wingaie 562
Chase, Joseph, 475
Chaudiere River 736
Chaiincy, Charles 518,070,733
Chauncy, Charles, & Co., 580
Chaiisie (Chausset), Peter 577
Chavilier,Chevaliere (Chevalier), Elie, . . 412,744
Checkley, Anthony, 85, 127, 253, 322, 392, 393, 394, 478,
498, 520, 643, 709
Page
Checkley, Samuel, 332, 335, 336, 347, 360, 365, 367, 368,
370, 518, 548, 744, 745
Checkly {see Checkley).
Cheever, Chever, Chiever {see below).
Cheever, Richard 7*46
Cheever, Samuel 548
Chelmsford, 7, 21, 30, 45, 55, 63, 72, 104, 148, 180, 185, 213,
2.39, 248, 285, 297,333, 366, 592
Chester, John, 552
Chibuctou, 537
Chick, James, 430
Chiff {see Skeffe).
Chignecto 534, 555
Child, Ephraim 420
Child, Joanna, 701
Child, Thomas 724
Chilmark, . . . 10.5, 117, 118. 180, 493, 507, 511, 516
Christopher, John, 475
Christopher, Richard, 475, 476
Chub {see Chubb).
Chubb, Pasco 562, 563, 591, 592
Chubback {see Chubback).
Chubbuck, John 448
Church, Benjamin (see Company, Regiment), 104, 105,
136, 142, 271,377, 454, 503, 507, 513, 521, 534,
541, 542, 548, 555, 556, 559, 571, 578, 589, 612,
658, 661, 662, 665, 668
Church, Jethro (an Indian) 612, 613
Church, Joseph, . . 149, 492, 493, 662, 664, 668
Church, Richard, 523
Church, Richard, jun., 523, 525, 526, 527, 528, 529, 530, 559
Church, Samuel, ....... 523
Clafflin, Robert (see Macklafflin).
Clap, Ebenezer, 44, 445
Clap, Hopestill 365
Clap, Nathaniel (.see Clap, Samuel).
Clap, Preserved, 148
Clap, Roger 430
Clap, Samuel (Dorchester), 7, 29,72, 76, 104, 148, 180,212,
238, .396, 512
Clap, Samuel (Scituate), 6, 10, 45, 73, 76, 105, 148, 181,
213, 445
Clark, Clarke, Clerk, Gierke {see below).
Clark, Benjamin, 29, 212
Clark, Joseph, 104, 105
Clarke, Francis 733
Clarke, John, . . 239, 247, 285, 366, 430, 637, 673, 670
Clarke, Nathaniel 399, 405, 406, 407
Clarke, Thomas 419, 420, 580
Clarke, Timothy, 30, 45, 201, 238, 255, 262, 273, 276, 277,
309, 316, 325, 349, 357, 368, 372, 417, 424, 518,
595, 600, 607, 620, 642, 6.54, 672, 676, 698, 705,
714, 715, 719, 722, 723, 732, 733, 744
Clarke, Weston, 550
Clarke, William 337, 518, 580, 733
Clark's Island (Maine) 680
Clary, John, 598
Clemence, Cleman, Clemance (see below).
Clemence, William, 420
Clemence, William, jun., 420
Clerk of the House of Representatives (see Daven-
port, Bering, Payne, I'hlpps, I'roat, Sheaf e,
Mliite).
Clesson, Joseph 198
Cleveland, , 746
Clopton (England), ....... 434
Clough, John 4o'l
Clough, Samuel, 724
Index of N'ames.
757
I'AOK
Oloyce, Cloise, Cloyes (.?«« below).
Cloyce, John G34
(Oloyce, Niith;init'l 635
Cloyce, Peter, 635
Cloyce, Sarah 630
Cloyes, John, 270
Cloyes, Nathaniel, 270
Cobbett, Thomas, 578
Cobourne, Edward (.9fe G'(7»TJ.TO»0i • • • 33,446
Cocheco (Dover, N. 11.), 655, 745
Cock, Abraham 126, 519
Cockcrandus (an Indian), 632
Cod, Philip 638
Coddiington, Christopher, 442
Codrington (.lee. Coddrhnjfoii) .
Cofclong, Bertrand, 585
Coflin, James, 73, 105, 124, 181, 239, 345, 356, 512, 516, 732
Coffin, John 496, 732
Coffin, Tristram, . 73, 76, 239, 284, 333, 399, 401, 732
Coffyn (see Coffin).
Cohasset River, 659
Coke, Sir Edward 510
Colden, Cadwallader 378
Cole, Israel 73, 181, 239, 285
Cole, James, • 285, 701
Cole, Nicholas, 476
Cole, Thomas 270
Colechester (Salisbury) 398
Coleman, John, 490
Coleman, William 628
Collins, Abraham 635
Collins, Edward 475
Collins, Nathaniel 190, 593, 594
Collins, Samuel, , . . 657
Colman, John . . 580
Colton, Deborah 395
Coltou, George 395
Colton, Thomas (see Company ),Zi,Z89, 395,396, 397, 398,
527
Colve, Anthony 691, 692
Company, Capt. Peter Aspinwall's Rangers, 559, 560
Col. Benjamin Church's, . . . 555
Capt. Thomas Colton's, . . . ,396
Capt. Samuel Cutler's 746
Lieut. Nathaniel Dowsers, . . . 747
Capt. Nathaniel Hatch's, . , .410
Lieut. Stephen Hollister's (Conn.), . 461
Indian 166,410
Capt. John Jacobs's 687
Maj. John March's, .... 571
Mass. Company of Foot in N. H., . . 486
Capt. Nathaniel SaltonBtall's, . . 410
Maj. Jonathan Tyng's 689
Capt. Sebastian Villieu's, . . .562
Capt. Benjamin "Wadsworth's (Conn.), 440
Capt. William Whiting's (Conn.), 551, 552,
554, 559
Capt. Thomas Willis's 563
Lieut. John Wilson's 322
Capt. Noah Wiswall's, .... 746
Conant, Joshua, 277, 672
Concord, 7,21,29, 44, 55, 63, 72, 104, 111, 148, 180, 213,
238, 248, 285, 297, 3.33, 337, 366, 497, 498, 499,
500, 677, 715, 722
Congress, Continental 580
Connant (see Conant).
Counecticut, 5, 53, 68, 75, 92, 93, 94, 113, 115, 122, 142,
153, 155, 158, 211, 242, 244, 247, 342, 346, 350,
Paob
Connecticut — Concluded.
351, 378, 379, 380, 382, 387, 414, 41.5, 417, 418,
419, 4.32, 438, 439, 440, 442, 446, 448, 451, 460,
461, 463, 464, 465,*472, 480, 481, 486, .504, 500,
507, .521, 522, .523, 530,. 548, .549, 5.50, 551, 552,
553, .5.54,555, 559, 560, 566, 571, 637, 648, 649,
684, 692, 724, 725, 741
Connecticut River, . 77, 379, 380, 414, 462, .523, 5.30, 725
Connecticut Koad, 110
Conny,John 747
Conton (Content), 561,576,678
Contoocook River, 562
Conuls (see Convers).
Convers or Converse, James (see. Regiment), 7, 20, 72,
104, 130, 148, 164, 180, 181, 184, 187, 200, 212,
213, 219, 285, 289, 292, 305, 332, 333, 336, 338,
339, 342, 344, 345, 347, 351, 354, 356, 3.58, 360,
365, 366, 367, 368, 377, 378, 385, 412, 460, 505,
512, 522, 545, 568, 589, 590, 595, 001, 602, 603,
604, 615, 616, 617, 621, 638, 639, 655, 656, 674,
704, 708, 709, 732, 740, 741, 746
Convers, James, jun. (see Convers, James).
Cook, Katherine, 484
Cook, Nicholas, 484
Cook, Walter, 89, 484
Cooke, 395
Cooke, Aaron, 21, 111, 148, 378, 379, 443, 524, 527, 528, 529
Cooke, Elisha, 19, 36, 43, 49, 50, 54, 71, 95, 103, 117, 136, 147,
172, 174, 179, 203, 212, 215, 230, 237, 241, 242,
283, 289, 305, 306, 307, 314, 324, 331, 335, 330,
338, 339, 344, 359, 367, 382, 388, 411, 427, 428,
429, 434, 451, 471, 507, 508, 509, 510, 511, 512,
548, 565, 584, 591, 620, 636, 642, 647, 648, 651,
652, 669, 676, 687, 688, 690, 691, 694, 695, 696,
697, 698, 699, 703, 711, 713, 714, 715, 720
Cooke, Elizabeth, 508
Cooke, Joseph 420
Cooke, Richard, 510
Cooke, Thomas, 666
Cookery, Henry 198, 317, .599, 705
Cookry (see Cookery).
Cooper, John, 4'20, 422
Cooper, Thomas 456, 518, 521, 733
Coote, Richard (see Bell.oniont).
Copenhagen, 435
Coram, Thomas, 269
Corey, Giles 631
Corey, Martha 630
Corlet, Elijah, 352, 727
Corlett (see Corlet).
Cornbury, Edward Hyde, Lord, . 339, 684, 716, 721
Cornwall, County of (England), .... 436
Corwin, Jonathan, 6, 19, 34, 4.3, 71, 103, 147, 179, 211, 237,
283, 300, 331, 338, 344, 392, 451, 512, 595, 687,
688, 694, 697, 740, 741
Cory (see Corey).
Cotell (Cotin), Jean 744
Cotton, Sir Robert 432
Coulton (see Cotton).
Court, William, 746
Cousins, Thomas, 635
Couzins (see Cousins).
Covell, Jouathan, jun., ...... 450
Covin (see Covell).
Coward, William 629, 632
Cowes 583
Cowett, 561, 576
Cox, George, ....... 649, 577
758
IiST)EX OP J^AMES.
Page
Cox, Mary 630, 631
Crandal {see Crmidall).
Craudall, Samuel 666
Crane, Benjamin, . * , . . . . . 366
Craw, Richard, ........ 666
Crisp, Richard 430
Crofts, Henry 3o6, 731, 732
Cromwell, Oliver 596
Crooked Lane (Winthrop) 427
Crosbey, Simon, 148, 180
Crosby {nee Crosbey).
Croeman, Robert, ..... 239, 333, 731
Cross, Joseph 634, 653
Crosse (see Cross).
Crossman (see Cros}na7i).
Crow, Josias, ....... 696, 704
Crowe (see Crow).
Crumpton, Francis, ...... 154,155
Cullimore, Anthony, . . . . « . 663, 665
dishing, Daniel, 72
Cushing, John, 6
dishing, John, jun., 149, 285, 289, 292, 305, 333, 336, 342
Cushing, Theophilus, ..... 332, 365
CutJer, John 638, 653, 746
Cutler, John, M.D 29,44,557,593
Cutler, Richard (see Cutler, John).
Cutler, Samuel (see Company) , .... 746
Cutt, Richard ISO
Cutter, William 729
r>.
Dady, Martha, 350, 724
Dady, William 350, 724
Dagget (see Daggett).
Daggett, Joseph 199
Damariscotta 553
Damariscotta River 571, 680
Damiscove Island 680
Danforth, Danford, Dantforth (see beloic).
Danforth, John 258, 265, 272, 540
Danforth, Thomas, 19, 34, 39, 43, 71, 87, 9.'), 103, 136, 147,
154, 172, 179, 203, 211, 230, 257, 392, 420, 421,
451, 468, 481, 497, 512, 548, 559, 564, 591, 728
Daniel, Zachary 670
Daniell (see Daniels).
Daniels, Thomas 572
D'Anville (Enville), N. de la Rochefoucauld,
Duke 636, 537
Darby (see Darbyshire) .
Darbyshire, John, 152, 559
Dartmouth, 6, 8, 60, 136, 181, 198, 206, 232, 256, 257, 267, 285,
289, 318,319, 355, 428, 449, 450, 542, 543, 558,
565, 612, 626, 654, 655, 658, 665, 668, 706, 731
Dasset, Joseph, • 386
Da6ten, Lydia, 630
Dasten, Sarah, 631
Danes (see Dawes).
Dauphin, Louis, 628
Davenport, Addington, 105, 138, 149, 157, 109, 181, 192,
205, 499, 512, 565, 579, 607, 612
Davenport, Nathaniel, 691, 692
David (an Indian), 591,604
David, jun. (an Indian), ...... 604
Davis, Benjamin, . 21,30,45,410,412,416,430,518
Davis, Emmanuel 635
Davis, James, 20, 73, 105, 149, 180, 213, 284, 333, 366,
376, 512
Davis, Samuel (Brookfield), 598
Page
. 428
. 6,19
. 366
458, 632
. 628
50, 429
. 731
. 746
. 430
508, 509
7, 21, 29
20
Davis, Samuel (Plymouth),
Davis, Silvanus, .
Davis, Simon, . .
Davis, Susannah,
Davis, Thomas, .
Davison, Daniel, 148, ISO, 274, 284, 289, 292, 305, 407, 671
Davisson (see Davison).
Dawes, Ambrose, .
Dean, Ezra,
Dean,' William, .
Deane, Thomas, .
Deane, William,
Death, John, . .
Death, Thomas, .
Dedham, 7, 20, 29, 44, 57, 72, 104, 148, 180, 212, 238, 245,
250, 267, 284, 287, 297, 317, 332, 365, 457, 576,
674, 724, 725
Deer Island (Merrimac River), .... 402
Deerfield (see Garrison), &, 8, 33, 38, 68, 88, 113, 167, 181,
186, 378, 379, 380, 381, 382, 389, 390, 396, 397,
415, 418, 460, 461, 462, 463,465, 482, 486, 503,
523, 524, 529, 530, 531, 570, 573, 592, 599, 605
De Foe, Daniel 434
Dekanitsore (Captain of Onondaga), . . 479,480
Deloire (Delaur), , 628
Deming or Do wing, Richard 727
Denison, Daniel (see Davison).
Denison, William, 7, 20, 29, 44, 72, 284, 300, 332, 335, 336,
342, 347, 360, 365, 388, 451
Denmark 335, 713
D.,
Dennis, Lawrence,
Depree (Dupre), ,
Deptford, The ship, .
Deriug, Henry, . . 21, 73, 85
Derochier (Durocher), ,
Derrick, Mary, .
Devon (England),
Dewey, Jedediah,
Dexter, Henry Marty n, D
Dexter, John,
Dexter, Thomas,
D'Iberville, Pierre LeMoi
Dickenson (see Dickinson
Dickinson, James,
Dickinson, Nathaniel,
Dill, Thomas, .
Dimmock, Thomas, .
Discovery, The sloop,
Doane, John,
Doane, Joseph, . .
Dodg, John,
Dodge, William,
Doffong, David, .
Dolphin, The ketch, .
Dolphin, The sloop, .
Dongan, Thomas (see Limerick
Donnel (see DonneH).
Donnell, Samuel,
Donoirs, ,
94,
. 261
. 628
194, 588, 595
118, 430, 459, 512, 620
628
631
296
333
555
108, 109, 489, 490, 544
. 489
ne, Sieur, 534, 536, 537, 591, 735
Dorchester, 7, 20, 29, 44, 72, 104, 148, 180, 212, 238, 284,
20
105, 512
490, 605
. 727
. 590
475, 476
21, 30, 366
. 333
30, 105, 333, 512
. 213
. 628
549, 577
475, 476
).
6, 19, 238, 239, 247, 636
. 561, 576
352, 365, 430, 628, 677, 697
. 333
. 138
. 635
332,
Dorman, Ephraim, .
Doty, Joseph,
Doty, Thomas, . .
Doue (see Doio).
Douglas, James (see Arran).
Douglas, Lord William, Duke of Hamilton and
Earl of Selkirk (Scottish) 684
Index of ^ames.
7r>u
Page
Dove, Tlio Uotoh 475
Dovci-, 41)1
Dow, FraiiciH 398
Dow, Stephen 6:57
Dowdeii, Leonanl, 430
Dowing (see Deiiiing).
Downe, Thomas 714
Downing, Joshua 213, 270
Downs, The 291, 078
Dowse, DouBo, Dows (see heioirj.
Dowse, Jonathan, 476
Dowse, Nathaniel (.see C<»//;/«)///) 747
Dowty (.see Doty) .
Dracut 321
Dragon, The sloop 55, 441
Dragon, The yacht 591,592
Dresser, John 7,239,700
Drew, Damson 601
Drinker, Edward 430
Driscoe (see Drisko).
Drisko, John, 635
Drury, Thomas, 251, 285
Dudley, Joseph, 35, 117, 187, 2:J3, 283, 291, 311, 331, 340,
343, 345, 346, 356, 358, 3.39, 3G1, 362, 368, 388,
405, 406, 436, 499, 508, 574, 627, 678, 682, 684,
693, 694, 695, 696, 701, 702, 703, 704, 717, 718,
719, 721, 722, 723, 725, 726, 728, 730, 731, 733,
734, 743, 744, 745
Dudley, Sir Matthew, 50, 51, 434
Dudley, Samuel 399
Dudley, Thomas, 20, 44, 383
Dudly (see Dudley).
Duglas, Jeanne, 630
Dukes County, 105, 110, 149, 156, 180, 311, 491, 495, 496,
700, 701
Dumer (see Dicmmer).
Dummer, Jeremiah 436
Dummer, Richard, 406
Dun (.see Dutin).
Dungar (see Dongan).
Dunkin, James, 727
Dunkirk (France), 550
Dunkkin {nee Dimkin) .
Dunn, William, 628, 632
Dunstable(see Garrison) , e, 7, 21, 30, 113, 126, 168, 185, 186,
197, 311, 446, 503, 519, 559, 575, 576, 702, 722
Duuster Street (Cambridge) 671
Dunton, John 664
Dupon (Dupont), Elie 744
Dustun, Duustan, Dunston, Dustan (see below).
Dustun, Ilannah 153, 562
Dustun, Thomas 151, 153, 558, 562
Dutch, .... 435, 640, 657, 658, 691, 692, 735
Dutton, William 631
Du Tuffeau, Isaac Bertraud, 29
Duxbury, 0, 30, 45, 49, 99, 181, 239, 285, 366, 428, 659, 662
Dwight, Henry 19S
Dwight, Timothy 20, 29, 44
Dye, William 666, 668
Dyer, Giles 30, 508, 647, 648
Dyraock (.see Dimmock).
Dyrham (England) 435
Dyrham Park 435
E.
Eagle, The ship, 476
Eagle Island (Merrimac River), .... 402
Eames, John 320
l'A(JB
Eames, Nathaniel, 3-jo
EamoB, Samuel, 321)
ICames, Thomas, 320
Eares, John (see Eyre).
Earl, Ralph 450
Eastham, 8, 21, 30, 73, 105, 149, 160, 181, 212, 230, 285, 3.'!3,
3f;6, 488, 555, 505
Eastham (.see EaaliwDi).
East Harbor (Cape Cod) 166
East Indies, OIO, 674
Eastman, Nathaniel 284
Eastman, Philip, 305
Easton, John 600,662
Easton, John, jun., 600, 6<i2
Easty (see Estey) .
Eaton, Benoni, 646
Eaton, Daniel 72, 157, 662, 667, 608
Eddy, John 199, .593, 001
Edgartown, . 105, 117, 155, 156, 493, 494, 495, 507, 511, 516
Edgercmet (an Indian), 377
Edmonds, Benjirain, 7.33
Edmunds, Andrew 549
Edson, Josiah, ... 6, 181, 213, 232, 257, 626, 654
JIdson, Samuel 149
Edward.s, John 475
Edwin, Sir Humphrey, 51, 434
Edwin, William, 434
Eel-River Bridge (Plymouth), . . 98,488
Eells, Samuel 613
Effingham, The brigantine 476
Egertou, John (see Bridge.water) .
Elbridge, Thomas 476
Eldredg or Eldredge, Nicholas, .... 8
Eldredge, Joseph 622
Eldridge, John 635
Eliot, Benjamin, ....... 615
Eliot, Joseph 428
Eliott, Andrew 45, 72, 149
Elizabeth, The sloop, 476
Elizabeth and Ann, The sloop 475
Elizabeth Islands 494, 495, 496
EUenwood {see ElUnwood) .
EUice, Richard, 7
EUinwood, John 270, 657
Elliott, John 551
Emerson, Elizabeth, 457,632
Emery (see Emmerey).
Emery, Samuel, 618
Emes, Fleetwood, 479, 507, 592
Emmerey or Emerey, James, 8, 21, 73, 469, 481, 566, 610
Emmerson (see Emerson).
Emmes, Eames, Eams, Emes, Ems (see below).
Einmes, Henry, 8, 30, 45, 62, 67, 105, 144, 149, 157, 181,
205, 394, 454, 458, 460, 558, 505, 612
Endeavor, The ketch, 475, 470
Endeavor, The ship 475
Endicott (see Indicot) .
Endicott, John, 202, 247
Enfield (Connecticut), 38, 53, 68, 94, 113, 115, 414, 415,
465, 504
England, 9, 84, 43, 48 49, 51, 56, 59, 65, 76, 78, 86, 87, 121,
126, 127, 132, 188, 190, 193, 194, 200, 216, 252,
257, 260, 283, 293, 294, 296, 300, 301, 304, 305,
314, 326, 331, 332, 335, 337, 370, 384, 385, 388.
393, 408, 410, 413, 418, 427, 428, 429,430,432,
433, 434, 438, 442, 448, 451, 452, 455, 456, 460,
462, 463, 465, 469, 472, 473, 479, 494, 497, 505,
508, 510, 513, 514, 518, 521, 522, 530,534, 537,
7G0
Index of ]!:^ames.
Page
England — Concluded.
549, 550, 553, 555, 582, 583, 584, 585, 588, 590,
593, 596, 597, COO, 602, 603, 604, 608, 610, 616,
619, 640, 644, 647, 648, 649, 650, 651, 658, 660,
664, 675, 676, 677, 679, 686, 687, 690,691, 694,
695, 696, 697, 701, 702, 704, 710, 713, 714, 716,
720, 728, 735, 737, 738
English, 25, 93, 166, 194, 294, 295, 377, 378, 380, 381, 382,
386, 387, 3S8, 390, 395, 397, 398, 416, 417, 437,
438, 441, 442, 446, 448, 464, 472, 473, 500, 504,
516, 524, 526, 532, 534, 536, 537, 550, 551, 552,
553, 555, 559, 560, 567, 588, 589, 601, 602, 603,
606, 607, 616, 622, 636, 637, 659, 681, 724, 735,
736, 737, 738, 745
English, Joseph (an Indian), . . . 186,592,605
English, Philip 239
Episcopal or Episcopalians 332
Essett, Ann, . . . 206, 289, 355, 613, 614, 730
Essett, "William 206, 613, 614
Essetts {see Essett).
Esses, County of {see negimetit. Troop), 6, 7, 16, 20, 29,
30, 45, 72, 73, 105, 148, 149, 180, 189, 213, 239,
284, 333, 365, 366, 392, 404, 405, 406, 408, 409,
449, 507, 600, 657
Estabrook, Joseph 246
Estabrooke, Thomas, 638
Estey, Mary, 631
Europe, 132, 216, 385, 386, 432, 442, 448, 469, 479, 546, 553,
675, 683
Evance or E%'ans, John, 442
Evance or Evans, Sir Stephen, ... 56, 442
Evans, John 418
Everden, John 727
Everdon {see Everden).
Everett, James 430
Everett, John 521
Everitt {see Everett) .
Everton, Joseph 561, 562
Ewen, Benoni 701
Exeter (New Hami)shire), .... 560,623
Expectatie (a vessel) 692
Eyre, John, 20, 104, 135, 141, 180,212,215,491,512,518,
547, 548, 580, 609, 615
Eyre, Peter (see yl^fr).
Id, Fi
lyer
ield {see
337,
Fairbanks, Ilasadiah,
Fairbanks, Jonns,
Fairbanks, Jonathan,
Fairbanks, Richard, .
Fairfield, Faeirfeild, Faierfei
heloie).
Fairfield (Connecticut), •
Fairfield, William, .
Falmouth (England),
Falmouth (Maine), .
Faneuil, Andrew,
Farelon, Mr
Farewell, George,
Farewell, Joseph,
Farow {see Farroir).
Farrar, Thomas,
Farrington, TheophiluH, .
Farrow, Goody, .
Fayerfield, Walter, .
Fayerweather, Fairwcather, Fayarweather, Fayer-
wether {see below).
Fayerweather, John, . 410, 477, 518, 023, 653, 714,
242, 632,
. 7, 239,
586
586
586
430
554
483
582
680
670
714
627
702
631
633
635
483
733
Page
Fuyrbanks {sec Fah-hanks).
Federal Street (Boston) 613
Feild {see Field).
Fenner, Arthur, 724
Fennor {see Fenner).
Ferguson {see Fergnsson) .
Fergusson, Archibald, .... . 148
Ferman, Thomas 727
Ficher {see Fisher).
Field, Samuel , 490
Fienues, William {see Say and Seal).
Finch, Daniel {see Nottingham).
First Church (Salem), 587
First Church (Scituate) 267
Fisher, Cornelius 7
Fisher, Daniel 212, 238, 284, 332, 365
Fisher, Joshua 430, 725
Fisher, Samuel, . 7, 20, 724
Fisher, Samuel, jun., 365
Fisher's Island, ........ 462
Fisk {see Fiske).
Fiske, David, ...... 148, 352, 727
Fiske, Moses, 540
Fiske, Thomas, . . . 45, 72, 149, 326, 445, 482, 834
Fiske, William 284, 483
Fitch, Benjamin 7, 29, 303, 670, 688
Fitch, Thomas, 5S0, 670, 733
Five Nations {see Cuyugas, 3/o/iawks, Oneidas,
Onondagas, Senecas) .
Five Nations (Indians), 437, 438, 440, 473, 479, 4S0, 592,
604, 606, 644, 675, 735
Flanders ' . . . . 384,435
Fleetwood (a negro), 631
Fletcher, Benjamin, 377, 378, 380, 381, 382, 385, 416, 417,
418, 437, 438, 439, 440, 441, 448, 460, 463, 465,
472, 473, 478, 479, 480, 523, 525, 527, 528, 530,
546, 549, 552, 553
Flint, Ephraim, ....... 104, 512
Flint {see Flyiit).
Flood, James 653
Floyd, Hugh 509,510
Floyd, John, .... 117,274,507,508,509
Floyd, Sarah 509
Flynt, Henry 352,362,743
Flynt, Josiah, , 352
Flynt, Margery, 727
Fobes, Edward, 333, 366
Fobes, William, 45, 285
Foqueroy (Fauquereau), Noel 744
Forbush, Thomas 588, 5S9
Fort Hill (Boston) 607
Fort Oran'^e {see Alba7ty).
Forts {see Castle, JfarbUhead, Mary, Narragan-
sett, Pemaqidd, Port Royal, Saco, Salem, Wil-
liiim, William Ilcnry).
Fortune, The sloop, 475
Foster, Abraham, jun., .... 173,581,582
Foster, John (Boston), 6, 10, 19, 23, 43, 54, 71, 103, 147,
179, 212, 237, 283, 292, 314, 331, 344, 367, 375,
388, 410, 432, 434, 451, 457, 471, 475, 509, 512,
51S, 561, 620, 642, 644, 647, 648, 651, 652, 087,
688, 694,695,697,703,720
Foster, John (Marshfield) 105
Foster, William 366
Foubert, Fran9oi8, 744
Fowle, FouU, FouUe, Fowl (see below).
Fowle, Isaac, . . . 111,497,498,499,500,729
Fowle, James, . . . o . . . • 746
Index of IS^ames.
761
I'AfiK
Fowler (see FairlUr).
Kowllcr, Tliomas 73, 23U
Koxciaft {sec Fd.rcrofl) .
Foxcroft, Kiuncis 21, 30, 321, 383, 708
Foy, John, 578
Fraraingham, 184, 244, 249, 251, 257, 285, 2S8, 299, 303,
333, 366, 688
France, 120, 121, 127, 188, 193, 19G, 257, 295, 296, 335, 337,
339, 408, 442, 473, 494, 505, 514, 521, 536, 537,
855, 582, 590, 593, 596, 597, 602, 604, 607, 075,
694,710,713, 71G, 738
Frances, Stephen, 29, 424
Francis, The sloop 476
Francis, Christopher, 631
Francis, Timothy, 475
Francisco, 629
Francoy, Franc way (Fran<;ois), CImrlcH, . 628,030
Frankland, Thomas 432
Franklin, James, 450
Frarey (see Frary).
Frary, Eleazar, . . 8, 21, 73, 77, 181, 333, 335, 366, 482
Frary, Theophilus 7, 20, 29, 44, 72, 212
Frederick (see Brandenburg).
Freeman, , 724
Freetown, 6, 8, 21, 30, 144, 160, 167, 232, 247, 256, 257, 267,
289, 290, 318, 319,<526, 355, 557, 626, 654, 658,
668, 706, 731
Freke, John 430
Freman {see Freeman).
Fremont, Jean, 744
French, 55, 116, 122, 123, 128, 132, 133, 141, 153, 166, 169,
175, 186, 194, 195, 196, 201, 242, 245, 248,
250, 252, 253, 263, 264, 265, 294, 295, 296,
305, 368, 377, 378, 379, 381, 385, 386, 388,
390, 409, 410, 415, 417, 431, 437, 438, 441,
442, 460, 469, 472, 473, 480, 505, 506, 513,
514, 516, 518, 521, 523, 526, 534, 536, 537,
542, 546, 547, 549, 550, 551, 552, 555, 561,
567, 571, 573, 574, 576, 578, 585, 586, 589,
590, 591, 592, 595, 596, 597, 600, 602, 603,
607, 60S, 617, 628, 629, 631, 633, 636, 637,
640, 644, 655, 666, 675, 680, 681, 685, 696,
718, 735, 736, 737, 738, 739, 740, 744, 745
French Church (Boston), . . 321,544,640,708
French, Nicholas, 476
French, Stephen, . 238, 241, 262, 332, 365, 367, 671, 676
Frie, Fry, Frye {see beloiv).
Frie, James 365, 700
Fric, John, 7
Friends' Adventure, The brigantiue, . . . 475
Friends' Adventure, The ship, . . . .79, 80
Friendshiii, The brigantine 476
Friendship, The sloop 475
Frontenac, Fronteuack, Frontinac {see leluw).
Frontenac et du Paluau, Louis de Buade, Count dc, 437,
441, 472, 479, 504, 534, 537, 597, 605, 606
Frost, Charles, 19, 44, 71, 103, 112, 147, 239, 292, 469, 502,
512, 657
Frost, Hannah 166
Frost, James 366
Frost, John 430
Frost, Joseph 166, 167
Fry, Anthony, 477
Fryer's Island, 680
Fuller, John, 7, 104, 426, 427, 512
Fuller, Joseph, . , 427
Fundy, Bay of, 96, 122, 473, 479, 505, 506, 507, 513, 514,
531, 551, 555
Fiirzer, Benjamin,
Fuizer, I>aiiicl, .
Fusileers, New York,
Fuzille, Fu/.ill (Fusil),
Page
442, 587, 5SS
. 588
. 473
561, 576, 578
Gale, Ambrose, 453
Gale, Azor, 577
Gallap {see Gallop).
Galley {see Province Galleij).
Gallop, Samuel, 137, 189, 319, 320, 493, 544, 593, 668, 707, 708
Gardiner or Gardner, Samuel (Freetown), . .6,8
Gardner, Deborah {see Coltoii).
Gardner, John, 8, 21, 377
Gardner, Samuel (Salem), G, 16, 45, 148, 1G2, 180, 284,
365,368,445,448,451
Garfield {see Oearjield).
Garland, Peter, ... , . . . 475, 476
Garnear, Garneer (Gamier), Pierre, . . . 744
Garrett, Nicholas, 475
Gari'lson, Berwick, 693
Brookfield, 346, 395, 396, 398, 570, 598, 653, 718
Casco Bay 294
Castle Island, 221, 263, 323, 387, 410, 542,654,
710, 711, 721
Edward Cobourne's, .... 446
Deerfield, 68, 113, 390, 415, 418, 460, 461, 462,
463, 486, 503, 570, 573
Dunstable 168, 446
Hatfield . .605
Kittery 129,185
Lancaster 445, 553
Pemaquid, . . 81 , 92, 388, 451, 514, 515, 739
Sagadahoc, ...... 653
Salisbury, ....... 560
Samuel Varnum's, 446
Welle, . . . 129, 185, 563, 618, 693
York 129, 185, 619, 693
Gary {see Oeary).
Gayer, William, 6, 8, 366
Gearfield, Benjamin, . 7, 21, 29, 44, 104, 148, ISO, 213, 512
Geary, Samuel, 727
Gedney, Bartholomew (see Troop), b, 19,43,56,59,71,
76, 80, 103, 105, 147, 381, 388, 393, 408, 410,
417, 44S, 470, 507, 508, 513, 518, 541, 542, 545,
548, 571, 573, 677, 706
Gedney, Mary 410
Qrenm^s {see JeiDiings).
George, John 670, 733
Gerish {see Oerrish).
Gerrish, Benjamin 600
Gerrish, Joseph, 548
Gerrish, William 593
Gibbs, Plenry, 258, 265, 272, 647
Gibbs, Robert 585
Gibs {see Gibbs).
Gibson, John, 549, 552, 553
Gibson, Samuel, 111, 354, 369, 495, 496, 497, 498, 728, 729,
730, 745
Gidney {see Gedney).
Gilbert, Gilbirt, Gilburd {see below).
Gilbert, Henry,
Gilbert, Jonathan,
Gilbert, Roger, .
Gilbert, Thomas (Boston),
Gilbert, Thomas (Taunton),
Gill, Michael,
Gill, Obadiah, .
396, 598
. 725
. 635
. 579
. 626
163, 568
. 280
762
Index of Names.
Page
Gill, Samuel 248, 637
Gill, Samuel, jiin., 248,637
Gillam, Benjaiiiiu 476, 582, 585, 669
Gillara, Carteret 475
Gillet.John, 188,573,593
Gillet, Nathaniel, 198,606
Gillit (.?«# Gillet).
Gills, John 603
Glamorganshire, County of (Wales), . . . 434
Gleason, Isaac 415
Gieason, "Widow, 630
Gleison {see Gleasoii).
Gloucester, 7, 20, 23, 30, 45, 73, 105, 149, 180, 213, 239, 284,
295, 333, 366, 376
Gloucestershire, Conntj' of (England), . . .435
Glover, Habakkuk 430
Glover, Robert 55, 441, 442
Goffe, Samuel 508, 509
Goooh, Gouge, Go\\^\i {nee below) .
Gooch, James, .... 188, 252, 520, 634, 642
Good, Dorothy, 631
Good, Sarah 630
Goodenow, John 7,21,29
Good Friends, The ship, 475
Goodin {see Gooding).
Gooding, Daniel 566, 610
Gooding, Thomas, 566, 610
Good Luck, The sloop 475
Goodrich {see GutlerkUjc).
Goodhew, William, jun. 7,180,284
Goodwin, Nathaniel, 7
Gookln, Geogins, Googin, Gooken, Goulden {see
below) .
Gookin, Daniel 421,727
Gookln, Samuel, 81, 94, 130, 277, 349, 46S, 661, 662, 6G3,
664, 065, 606, 667, 068, 714
Gordale (Goodale?), John 628
Goreham, Gorara, Gorham {see below).
Goreham, John, 8, 73, 333, 333, 336, 345, 366,367,556, 624,
739
Gorges, Ferdinando 456
Gosport, The ship of war, . . 356,701,731,732
Gould, Gold, Goold {see below).
Gould, John, . . .... 20,366
Gould, Nathan, 551
(Jould, Thomas, 747
Gould, Zaccheus, 202, 247
Gove, John, . . Ill, 354, 496, 497, 498, 728, 729, 730
Gowen, Nicholas 284,566,693
Grace (a nogress) 457,632
Graffort, Thomas 518
Gramacar, , 628
Grandval, Bartholomew de Linierc, Kut., Sieur dc, 384
Grant, Peter 610
Granville {see Grandval).
Gravenrad, Henry, 476
Graves, John (Hartford) 724
Graves, John (Ipswich) 325
Graves, Nathaniel 109,490
Gre, Oliver de (Lc Grec, Olivier) 577
Great Bridge, The {see Charles River Bridge).
Great Britain 216,438,603
Green, Bartholomew 278, 327, 674
Green, Edward 476
Green, Henry, 148
Green, John {see Goreham).
Green, John, . . 7, 21, 29, 72, 104, 512, 628, 660, 662
Green, Jonaa, . 476
Green, Samuel, ....
Green, Samuel A.,
Green, William,
Greene, Jacob
Greene, Jacob, jun., 148, 213, 238,
Greenfield Gazette, .
Greenleafe {see Cfreenlef).
Greenlef or Greenleaf, Stephen,
Grenadiers (see Regulars).
GrifBth, Richard,
Grignon, Rene
Griles (Guiles?), William,
Groine, The
Groton, 7, 29, 37, 58, 130, 185, 213,
447
Grover, Simon, ....
Guild, Samuel
GuUock, Thomas,
Gutteridge, Robert, .
Gwin, Thomas
Gwinn {see Gicin).
Gwyn, Sir Rowland, .
Page
. 468
413, 446, 628
. 239
. 7, 72, 148
256, 343, 620, 651, 708
. 531
. 45, 95, 129, 365, 655
627, 632
250, 040, 641
. 724
. 469
225, 348, 413, 439, 446,
, 522, 531, 592, 622, 623
475, 476, 477
57
. 690
105, 144, 557, 578
. 188, 592
489
II.
Habberflekl, William 197
Iladley, 7, 21, 30, 45, 56, 73, 109, 148, 181, 186, 212, 239, 285,
333, 349, 368, 379, 389, 395, 390, 442, 44:"., 444,
489, 490, 523, 524, 525, 528, 529, 530, 500
Hague, The (Holland) 435
Haines, Daniel, 587
Haines, John, 148
Haines, Jonathan 638
Haines, Joseph 638
Haines, Sarah 637
Hains {sec Ilaines and. I/aynes).
Hale, Christopher {see Hall).
Rale, John, 459, 548
Haliburton, Thomas Chandler, .... 596
Hall, Christopher 318, 705
Hall, Christopher, jun., .... 318,705,706
Hall, Nathaniel 92, 485, 486
Hall, Samuel 399
Hallet, John, 30, 112, 502
Halsey, Joseph 724
Hambleton {see Hamilton) .
Hamilton, Andrew, . 50, 112, 431, 432, 433, 434, 442, 501
Hamilton, Archibald, 627
Hamilton, Duke of {see Arran, Douglas).
Hamilton, Thomas 732
Hamlin, John, 551
Hammond, John {see Troop), . . 440, 444, 508, 509
Hammond, Jonathan, 270, 034
Hammond, Joseph, 179, 185, 212, 238, 284, 291, 298, 332,
344, 746
Hammond, William G34
Ilamonds {see Hammond) . '
Hampshire, County of {see Regiment) ,T, 8, 16,20,21,29,
30, 38, 39, 45, 53, 73, 105, 131, 14S, 181, 18.5,
198, 212, 239, 285, 333, 366, 379, 380,389, 390,
410, 415, 4.34, 523, 524, 525, 526, 528, 530, 559,
570, 593, 600, 605, 653, 671
Hampton (EngUuKl) 679,704
Hampton (New Hampshire), . . 400, 403, 571, 572
Hardin, Israel, 635
Harding, John, 7,20,72,284
Harding's Rocks (near Nantucket), . . 163,568
Hardy, Francois, .744
Hardy, John (sec Harding).
Index of Najmes.
763
Page
Harley, Robert, 4:5r)
Harris, Edtnuncl, 727
Harris, William 608, 733
Hart, Elizabeth C;U
Hart, Tliomas 20, 30, 4r>
Hartford, 244, 378, 379, 416, 418, 438, 439, 440, 454, 455, 400,
462, 463, 404, 511, 523, 530, 550, 551, 552, 553,
554, 560, 564, 691, 724, 725
Hartnan, Katherine, 629
Harvard Collei^o (Academy, University), 49, 60, 78, 115,
156, 191, 202, 219, 228, 230, 245, 253, 255, 25",
258, 259, 200, 261, 262, 263, 264, 265, 271, 272,
275, 308, 312, 362, 452, 467, 504, 531, 587, 608,
609, 610, 635, 636, 644, 645, 651, 652, 671, 674,
697, 698, 702, 700, 743
Harvey, Jolin 243, 634
Harvey, Thomas, . . 7, 30, 45, 149, 213, 449, 626
Harvy (see Harvey).
Harwich, 154, 563
Hascoll (.see ITaskell).
Haseltine, David, 7, 213, 333, 305
Haskell, Roger 657
Hasson, Patricli, 629
Hasting {see, Hastings).
Hastings, Joseph 227, 623
Hastings, Walter 424, 425, 426, 467
Hatch, Nathaniel, 410
Hatfield (see Garrison) , 8, 21, 30, 45, 73, 77, 88, 105, 109,
148, 153, 181, 186, 198, 212, 239, 285, 333, 349,
366, 389, 396, 444, 482, 490, 523, 524, 525, 526,
527, 528, 529, 530, 559, 560, 593, 598, 599, 600,
605, 606
Hathorne, Hathorn, Hawthorne (.see beloiv).
Hathorne, John, 5, 19, 43, 71, 103, 147, 162, 179, 212, 237,
242, 283, 300, 331, 335, 338,344, 345, 356, 406,
424, 505, 506, 512, 513, 514, 521, 531, 541, 542,
548, 573, 677, 687, 688, 694, 703, 713, 718, 732,
739, 745
Hathway, John 104, 149, 512
Haven, John, 333, 366
Haven, Richard, 628
Havens, Elizabeth, 692
Haverhill, 7, 20, 30, 45, 73, 105, 149, 151, 153, 180, 185, 186,
213, 239, 284, 333, 365, 466, 531, 558, 559, 560,
562, 563, 590, 592, 600, 637, 638, 745
Hawes, John 149, 181
Hawkins, Thomas, 627, 628
Hawley, John (see Ileiwley, Joseph^.
Hawley, Joseph, 7, 16, 73, 148, 181, 201, 212, 443,482, 524,
527, 528, 529, 598, 605, 606, 692
Hawly (see Ilarcley).
Haydn, Joseph, 588
Hayman, Samuel 6, 366
Haynes, Hayns, Heynes (see below and Haines).
Haynes, David 352, 727
Hayward, John, 5,430,431,578
Hazard, Ebenezer, 659
Hazeltine (see Haseltine) .
Head, Henry, 8. 239, 333, 520, 544, 659, 660, 661, 662, 663,
664, 665, 666, 667, 668
Heard, Jacob 746
Hearsey, William 180, 212
Heath, Elias 580
Heath, Peleg 628, 632
Hegon, Samson, ... ... . 603
Heldrath (see Hildreth).
Henchman or Hinchman, Thomas (see Regiment), 6, 7,
16, 72, 76, 410, 446, 653
Paoe
Henley, Elias, 453
Henry VHI 679
Herbert, Thomas {nee Pembroke).
Herd (see Heard).
Hereford (England), 434
Ilorick {see Herrick).
ricrrick, Henry ' . 657
Herring River (Cape Cod), 680
Hersey (see Hearsey).
Ileyman (see Hayman).
Hicks, Robert, 475
Hicks, Zachariah 422
Hide (see Hyde).
Higginson, John, 6, 237, 238, 283, 331, 336, 338, 548, 677,
688, 694, 703, 718, 733
Hildreth, Joseph, , 239
Hill, Henry 303, 688
Hill, Isaac iso, 213
Hill, John 292
Hill, Joseph, 341, 716, 717
Hill, Nathaniel, . . . 7, 104, 213, 333, 366, 512, 548
Hill, Ralph, 7, 21, 29, 44
Hill, Thomas, ,,....,, 577
Ililliard, William 157, 668
Hillyard {see Uilliard).
Hilton, Robert 670
Hinckley, Thomas, 6, 21, 75, 142, 164, 174, 185, 203, 239,
245, 274, 322, 636, 665, 666, 671
Hincks, John, ........ 405
Hingham, 7, 20, 29, 44, 72, 104, 148, 180, 212, 238, 284, 332,
365, 621
Hirst, William 20,30,34,72,392
Historical Manuscript Commission (England), . 435
Hitchcock, John 212, 285, 333, 366
Hitchcock, Luke, . . , 105, 148, 181, 512, 598
Hoar, Daniel, 727
Hoar, Dorcas, 631
Hoar, Jonathan, .....,, 727
Hoare (see Hoar).
Hobart, Caleb 44
Hobbard, Richard , . 45
Hobbs, William, , , 631
Hobby, Sir Charles , 733
Hobby, John, ....,,. 587, 702
Hobort or Hobart, David 7, 104, 512
Hobort, Nehemiah, 272
Hodge, Humphrey, 430
Hodges, Henry, 626
Hodsden (see Hodsdo7i).
Hodsdon, Benoni, <■>... 8, 610
Hoga, Nicco 744
Hogg-Island (East Boston), , . . . . 427
HohenzoUern (see Brande7iburg).
Hoit, Hoite,Hoyt (see below).
Hoit, David 389
Holbrook, Peter 503, 504
Holbrook, William, 91, 484, 485
Holbrooke, John, . 7, 20, 29, 34, 44, 48, 392, 426, 451
Holden, Stephen 225, 622, 623
Holland, Josiah 549
Holland, Nathaniel, 746
Hollister, Stephen (see Company), . , 461, 531, 552
Holman, Edward 453
Holman, Thomas, 72
Holmes, Holms, Homes, Homs (see belmo).
Holmes, Abiel, 596
Holmes, Ichabod, 727
764
Index op !N"aivies.
Page
289, 290, 355, 613, 614, 677, 731
. 180, 357
465,
Holmes, Joseph,
Holmes, Nathaniel, .
Holmes, Nathaniel, jun., .
Holt, Sir John
Holyoke, John, ....
Hommond or Hammond, John,
Honnywell (^see Ilunnewell) .
Hooke, Francis, . .
Hooper, Elisha, .
Hooper, John (Castle Island),
Hooper, John (Marblehead),
Hope, The ship, . . .76,
Hope, The sloop,
Hope-well, The sloop
Hopkins, John, .
Hopley, Elizabeth,
Hopley, Robert, .
Hosmer, Elizabeth,
Hosmer, James,
Houghton, John, . . 7, 21
Houldridge, Isabel,
Hovey, Thomas,
How, Daniel,
How, Mary,
How, Samuel,
How, Thomas, . . . 180,
Howard, Matthew,
Howard, Robert,
Howe, Elizabeth,
Howe, Thomas, .
Howes, Jeremiah, jun
Howland, Daniel,
Howland, Isaac,
Howland, Jabez,
Howord («pe Iloicard) .
Howse, Thomas (see Harvey)
Hoyt, John,
Hoyt, Joseph, .
Hubbard, John, .
Hubbard, Nehemiah,
Hubbard, William,
Hucthins, Samuel,
Hudson River, .
Hudson, William,
Huguenot Chapel and Congregation {see French
Church ) .
Hugh (an Indian) 166
Hull 7,295
Hull, John 658
Hungerford, Walter 580
HunkinB,John 577
Hunkins, Mark, 577
Hunloke, John 430
Hunnewell, Richard, 143, 268, 557
Hunt, Ephraim, . . . 104, 148, 284, 512, 558, 565
Hunt, John, . . . 212, 232, 239. 257, 626, 654
Hunter, The sloop 475
Hunting, John 691
Hunting. Samuel, 320, 708
Hurst, Edward . . 662
Hurst, William 518
Hutchings, Thomas 689
Hutchins, Lewis 630
Hutchinson, Edward, 243, 733
Hutchinson, Eliakim, 8, 71, 103, 147, 179, 183, 212, 23B,
284, 292, 314, 332, 338, 339, 344, 361, 430, 512,
534, 669, 687, 694, 697, 699, 701, 720
Hutchinson, Elisha, 6, 19, 23, 43, 56, 59, 71, 76, 103, 147,
227, 618, 623
428, 686
. 7, 527
19, 44, 502
. 635
. 727
. 453
472, 475, 476, 515
. 476
475, 642
. 475
225, 622
225, 622
. 586
. 586
29, 148, 445, 574, 575
. 628
212, 366
. 606
. 701
81, 94, 130
199, 218, 238, 285, 586
666, 668
163, 568, 733
280
280
8
701
6,701
149, 701
77, 130, 465, 466, 522
522, 523
. 430
258, 265
287, 548
7
378, 380, 479, 592
430, 658
Page
Hutchinson, Elisha — Concluded.
158, 162, 176, 179, 183, 200,212, 215,233,237,
243, 262, 273, 283, 292, 298, 314, 323, 331, 338,
339, 341, 344, 348, 353, 367, 381, 393, 436, 448,
470, 505, 509, 512, 534, 548, 549, 550, 551, 564,
569, 572, 588, 590, 594, 595, 600, 617, 620, 629,
636, 641, 642, 644, 647, 648, 651, 652, 653, 655,
660, 661, 669, 672, 676, 077, 687, 694, 697, 699,
706, 710, 711, 720, 741, 742, 743, 747
Hutchinson, Thomas, 5, 44, 384, 388, 389, 390, 428, 436,
459, 536, 658, 562, 571, 583, 587, 591, 596, 597,
601, 602, 670, 696, 703, 735
Hyde, Edward {see Cornbury).
Hyde, Joseph 474, 487
Hyde, William 465
I.
Iberville (see d' Iberville).
India 690
Indian or Indians {see CompaJiy),25, 32, 34, 50, 51, 52, 53,
66, 81, 84, 94,96, 116, 122, 123, 128, 130, 131,
132, 141, 152, 153, 154, 166, 169, 176, 183, 185,
186, 187, 194, 198, 199, 200, 206, 218, 219, 225,
229, 232, 242, 248, 250, 251, 252, 254, 267,274,
280, 294, 295, 296, 301, 302, 320, 321, 322, 325,
326, 348, 350, 353, 355, 360, 368, 370, 377, 378,
379, 380, 381, 382, 385, 386, 387, 388, 389, 390,
394, 395, 396, 397, 398, 404, 409, 410, 413, 414,
415, 418, 422, 437, 438, 439, 440, 441, 444, 445,
446, 447, 451, 457, 458, 460, 463, 464, 465, 466,
469, 472, 473, 478, 479, 480, 481, 487,494, 495,
504, 506, 507, 513, 514, 516, 518, 619, 520, 521,
522, 523, 524, 525, 626, 527, 528, 529, 530, 532,
546, 547, 550, 651, 552, 553,554,565, 556, 558,
559, 560, 561, 662, 571, 573, 574, 575, 576, 578,
581, 582, 584, 585, 586, 588,589, 590, 591, 592,
597, 598, 599, 600, 601, 602, 603, 604, 605, 606,
607, 612, 613, 616, 617, 619, 620, 621, 622, 623,
624, 630, 631, 632, 633, 634, 637, 638, 639, 642,
644, 645, 649, 655, 656, 657, 659, 666, 668, 675,
680, 681, 685, 687, 688, 689, 693, 696, 718, 721,
722, 724, 725, 728, 731, 735, 736, 737, 738, 739,
740, 745, 747
Indicot, John 691
Ingalls, Eleazar, 453
Ingolls {see Ingalls).
Ipswich, 7, 20, 23, 25, 30, 35, 37, 45, 72, 105, 148, 154, 173,
180, 213, 239, 249, 284, 325, 333, 365,376,398,
400, 401, 404, 407, 408, 432, 478, 548, 571, 572,
581, 586, 622, 624, 628, 700, 701
Ipswich Farms 23
Ireland, 9, 121, 127, 193, 257, 335, 337, 408, 436, 494, 549,
555, 602, 604, 694, 713
Irish, David, 666
Iroquois (see Five Nations).
Isaac, 585
Isles of Shoals 8
J.
Jack (a negro) 623
Jack Pudding {see SheepscotJohn).
Jackson, Benjamin, . . 515,516, 518,521, 583, 588, 594
Jackson, Edward 333, 422, 426, 427
Jackson, George, 706
Jackson, John 422,424,425,426,467
Jackson, Thomas, 268, 408, 656
Jackson, Thomas, jun. 268, 656
Jacob, The sloop , . . 476
Index of ]N"ames.
765
Page
JacobB, George G30
Jiicobs, Joliii (m<; Co)u/)«My) 621,687
Jamaica 520, 578, 5S4
James II 121,332,434,435,489,508,7-16
James, Benjamin 706
James, Erasmus, 453
Jameson {see Jdiuis'm).
Jamison, David, 4S0, 627
Jeffries, David 670, 719, 720, 733
Jenery, Jeney, Jcnncy (see below) .
Jenery, Lettis, 60, 449, 450, 543
Jennings, Stephen, 598
Jenovil, Pierre 744
Jersay or Jerzay, John 577
Jersey, East, 432
Jersey, East and West, . . 159, 432, 048, 649, 679
Jersey, West, 577
Jerusalem 674
Jesuits, 738
Jewet, Ezekiel 7, 149
Jewel or Jewett, Nehemiah, 7, 16, 20, 30, 44, 45, 52, 72,
93, 105, 148, 283, 284, 285, 289, 292, 296, 298,
300, 305, 308, 314, 333, 335, 341, 342, 360, 365,
370, 388, 391, 410, 434, 436, 437, 443, 444, 446,
450, 451, 452, 454, 466, 470, 512, 536, 547, 673,
682, 696, 697, 698, 704, 744
John (an Indian), 738
John, Captain (an Indian), .... 397,552
John's Island (Maine), 680
Johnson, Ebenezer 746
Johnson, Edward 209, 403, 419
Johnson, David, 386
Johnson, Matthew 7, 16, 499
Johnson, Nathaniel 7
Johnson, Samuel 689
Johnson, William, Ill, 499
Joly, Pierre, 744
Jones, John, 575
Jones, Thomas, 457
Jones-River Bridge (Kingston), . . . 98,488
Jordan, John 627, 653
Jorden (see Jordan).
Jorque, John 577
Joseph (an Indian) 474,488
Joslin, Thomas, . 666
Joyliffe, John, 6, 430
It.
Kataymuck 494, 495
Katherinc, The pink 475
Keais, Samuel^ 449
Kearly (see Kerley) .
Keayne, Keayn, Kcyn (see behm-).
Keayne, Robert 117,510,511
Keeling, Samuel, 6T0, 733
Keen, William 628, 670
Keene (see Keen).
Keirstead (see Kiersteden) .
Kelley, Roger 8
Kellogg, Joseph, 443
Kellond, Thomas 430
Kelly, Samuel 475
Kendal, Kendall, Kindel (see heloic) .
Kendal, James, 386
Kendal, John, 638
Kennebec River, 194, 200, 377, 550, 595, 596, 602, 603, 680,
685
Kensington (England) 679
72, 149,181,
Paoe
. 475
212, 232, 257, 626, 654
29, 333, 360
. 470
. 070
518, 670
. 638
80, 333, 305
51, 552, 554
. 606
. 198
. 633
. 000
. 028
213, 238
72
. 587
. 600
. 366
. 606
Kent, Tlie Rlii]>, .
Kent, Josc])!],
Kerley, Henry, ....
Kiersteden, Luycas, .
Kilby,John
Kilcup, Roger, ....
Kimball, Abigail,
Kimball, John, ....
Kimberly, P^Ieazar, .
Kinderhook (New York;,
King, Benjamin,
King, Dauitl
King, John, ....
King, Peter (a Fiencli prisoner).
King, Peter (Sudbury), .
King, Philip
King, Samuel, ....
King, Tliomas (Assonet),
King, Thomas (Scituate),
King, William
Kinge (see King).
Kingfisher, The frigate, .
Kiug's Chapel, ....
King's Province (Narragansett),
Kingston (Ontario), .
Kinsley, Enos
Kittery (see Garrison), 8, 21, 30, 45, 59, 73, 104, 105, 148,
180, 185, 21 3, 229, 239, 243, 284, 292, 304, 333,
366, 418, 469, 481, 507, 566, 572, 655, 688, 693
Kneeland, Joseph, 727
Knight, Ezekiel,
Knight, Ezekiel, jun..
Knight, Jolin, ....
Knight, Richard (Boston),
Knight, Richard (Litile C.'orapton),
Knightley (see KnightUj).
Knightly, Christopher,
Kuill, Knell, Knile (see below).
Knill, Philip
Kuill, Ruth
Knoulton, Knolton, Knowlton (see below)
Knoulton, Nathaniel,
Knowles, Samuel,
648, 649, 678
. 332, 732
. 5, 211, 331
441,473,479,480
, 527
635
635
431
430
066
629
IC,'.), 579, .ISO
169, 579, 580
239, 333, 365
. 149
LaBailez (Le Belloti, 028
Labatt, David, G31
Labree, 628
Lad, Daniel 20, 30, 45
Lafavory (Lefavorit), James 031
Laffrauchise, G2S
Lafloure, Laffleur, Letleur (Lalleur), Charles, 501, 576,
578, C28, 032
Lafloure du Moline, , 628
La Forrest, John de^ 629
La Fortune, , , 028
La Fountaine, — -, 628
La Jeaness, Lashouesli (Lajeunesse), , . . 028
Lake, David, 600, 606
Lake, Thomas 430
Lakeman, William 8
Laken, William, . 447
Lamprier (see Lenipriire) .
Laucaster (see Garrison), 7, 21, 29, 58, 148, 168, 185, 353,
445, 446, 553, 554, 562, 574, 586, 592, 689
Landegall, Isaac, 573
Landen (Belgium), 384
Lander, Daniel, C27
766
IXDEX OF KaMES.
Page
Lane, Edward, 510
Lane, Job, 6, 7
Lane, John (Billerioa) 333
Lane, John (FJiisiol County;, 701
Lantamore, , 62S
La Plato (an Indian) 395
Largee, 577, 578
Lark, The hrigantine, 337
Larking, Tlioiuas, 627
Larned, Benoni-, 2S5
La Roche, 62S
La Rochefoucauld, N. de (see d'Anmlle).
Larramore, Larrimer, Larriinore (see bc/ow).
Larramore, Tlionias, 744
Lateril (Latreuil), Francis, 631
Lalhrop, John, 477
Lathrop, Thomas, 477
La Tour, Stephen, 596
Laurence (see Lawrence),
Luvalier (Lavallue), , 628
Lawrance or Laurancc, Nathaniel 7
Lawrance, Susannah, 457
Lawrence, Enoch 34S, 721
Lawrence, John, 395, 396, 397
Lawrence, Joseph, 629
Lawrence, Thomas, 395, 396, 397
Lawson, Christopher 475
Lawson, George, 690
Leanoard (see Leonard).
Lc Bare, Bare (Labarrc), Peter . . . 577,578
Lebarre (Labarri), Francis 631
Lee, Simon, 609
Lcffingwell, Edward Henry 712
Legg, John, . . . 20, 30, 239, 333, 453, 574, 676
Legg, Mary (see Xoyes).
Legg, Saniae!, 45, 14S, 162, 180, 284, 291, 332, 335, 336,
341,365,368,448,518, 678, 713, 717, 742, 743,
745, 747
Legroove (see Legrove).
Legrove, Peter 230, 624, 625
Leinailtre (Leniaitre), Jean 744
Le Maison Neuve (La Maisonneiivi), , . . 678
Le Mercier, Thomas, 408
Le Moine, Pierre (see D' Iberville).
Lempriere, Frangois, .... 677, 578, 585
Lempr:'ere, Peter 578
Lenotre, Andre, 435
Leonard, Benoni (see Larned) .
Leonard, James, 285, 626
Leonard, Thomas, 8, 10, 21, 30, 45, 72, 104, 105, 181, 212,
383, 384, 492, 493, .543, 662, 664, 608
Leonardson, Lennarson, Lenearson (see below).
Leonardson, Samuel, .... 153, 154, 562
Le Petit Goave, 381,417,481
Le Riviera, Revier, Riviera (Riviere), Jean, 5GI, 576, 578,
744
Le Roze (La Rose), Peter, 577
Lesperauce, , 561,577,578
I^everct (see Leveretl) .
Leverett, John 430
Leverett, John, jun., 104, 135, 213, 215, 228, 230, 231, 233,
238, 241, 253, 2r)5, 264, 265, 275, 278, 4.52, 505,
512, 030, 639, 640, Oil, 642, 043, 052, 671, 076,
743, 747
Lcviogston (see Liningsion).
Le Violett, Le Viollctt (Laviolette), Peter, 061, 577, 578
Lewis, Isaac .508
Lewis, Robert 326
I'age
Lewrson (see Lawson).
Libbie, Charles F., "12
Lidget (see Lidgett) .
Lidgett, Charles 430
Life Guard, Boston (see Trooji).
Lillie, Samuel 320, 518, 596, 708, 733
Lilly (.see Lillie).
Limerick, Limbrick, Limracrick (see beloic).
Limerick, Thomas Dongan, Earl of, . 296, 308, 685
Liuiere, de, Bartholomew (see Grandviil) .
Litlefield (see Littlejield).
Little, Ephraim, ...... 149,181,366
Little, Isaac, . 6, 10, 21, 26, 30, 73, 105, 213, 383, 384
Little Compton (Rhode Island), 8, 16, 30, 45, 72, 104, 137,
149, 157, 181, 198, 212, 232, 239, 245, 250, 257,
267, 285, 289, 318, 319, 320, 333, 355, 366, 544,
628, 654, 655, 659, 660, 661, 062, 663, 664,666,
667, 6S8, 706, 707. 731
Littlefleld, Edmund, 635
Littlefield, Francis 635
Littlefleld, Jane, 270, 593
Littlefield, John, 635
Littlefield, Jonathan, 270
Littlefleld, Mehitable 270
Littlefield, Mercbate, 634
Littlefleld, Thomas, 635
Livingston, Robert 584
Lloyd, James 619, 620
Lockart (see Lockhart) .
Locke, Matthew 435
Lockhart, George, 653
Loker, John, 587
London, 5, 13, 43, 49, 56, 71, 172, 228, 307, 308, 315, 370,
375, 387, 418, 430, 434, 435, 436, 437, 450, 456,
465, 521, 592, 595, 596, 597, 608, 609, 647, 669,
673, 681, 684, G36, 690, 702, 703, 714, 710, 738,
745
London Gazette, 713
Long Island 332,384,692
Long Meadow Brook (Enfield), .... 414
Lord, Nathan, 610
Lord Keeper (see Somers) .
Loring, John, 7
Lothrop, Barnabas, 6, 10, 19, 26, 44, 71, 103, 147, 170, 212,
237, 283, 332, 338, 339, 344, 383, 384, 513,
740
Loudon, , 501, 576, 578
Louis XIV 55,330,489,695,718,737
Love, Andrew, 475
Lovejoy, Nathauiel, 130, 522, 523
Lowden, James, 746
Loyd (see Lloyd).
Luffkin (.see Lu/kin).
Lufkin, Jacob, 221,617
Lund, Thomas 519
Lunu (see Lund).
Lusher, Eleazar, 419, 420
Luther, Ilezekiah, 45
Luttrcll, Narcissu.s 435
Lyde, Edward 337
Lyman, John 460
Lyndo, Lynd, Lynds (.sye b(diiir).
Lynde, Benjamin 239
Lynde, Joseph, 6, 10, 44, 71, 103, 111,134,147,180,212,
238, 284, 314, 332, 338, 339, 344, 375, 490,497,
498, 508, 509, 512, 590, 628, 687, 694, 697, 728,
729, 730, 743
r,ynde, Simon, 430,508
Index of Names.
'07
Paok
Lynn, 7, 20, 30, 45, 72, 105, 148, ISO, 100, 213, 239,242, 284,
333, 305, 632, 033, 077, 704
Lyon, The Bliip, 470
Lyon, Henry 727
31.
Mackalister (see McAllister) .
Mackey, Benjamin, 80
)iLicklafllin, Uobcit, 320
Macoinbcr, 'Williani, jiin., 450
Madagwuncsseck (an Iiulian) 739
Madeira 409, 577, 584
Madeira (wine), 337
Mahamisco (an Indian) 004
Maheriniet (sre Aboiuhotncii) .
MahquoloKs, Mahquolous, Maqnolous, Maqualoss,
Maquoloss, Maquolous (an Indian), . 525, 528, 529
Mahweness, Mahweeness, Maweenese, Wahween-
ess, Waweeness (an Indian), . 524, 525, 528, 529
Maine,6, 15, 19,44,71,103,147, 179,212, 238,241,284,298,
332, 454, 507, 509, 513, 555, 559, 571, 596, 600,
678, 680, 684, 685, 731
Majure (Major), Pierre 744
Maiden, 6, 7, 21, 29,44, 72, 101, 148. 180, 213,239,285,333,
366, 628
8
. 7,30
. 666
. 491
. 653
72, 104, 512
. 421
78, 379, 380,
Manamoit
Manchester,
Manchester, "William,
Manly, William, ....
Manning, Nicholas, ....
Manning, Siimuel
Manning, William, ....
Maquas or Mohawks (Indians), 25, 53, 186,
381, 382, 385, 437, 438, 440, 444, 479, 480, 481,
596, 739
Marhlehcad, 7,20, 29,30,45, Gl, 73, 105, 148, 167, 180,213,
239, 284, 295, 304, 319, 320, 331, 333, 351, 365,
453, 573, 574, 582, 585, 595, 688, 693, 702, 706,
707, 708, 726, 732
Marblehead,Fort, . . . 319,351,706,707,720
March, George, 405
March, John (see Company), 35, 377, 393, 404,405,406,
407, 408, 409, 519, 542, 553, 559, 571, 587, 5S9,
601, 624, 642
Mare (see Mayer).
Marcbat, , 628
Mare's Point (Casco Bay) 603
Mariette, Francois 640
Marke, William 628
Marks, Joseph, 598
Marlborough, 7, 21, 29, 44, 72, 104, 148, 165, ISO, 184, 199,
213, 218, 238, 251, 285, 333, 366, 379, 553, 588,
589, 606
Marret {see Marretl).
Marrett, Amos, 628
Marsh, Alexander, ....... 7
Marsh, Daniel 7, 230, 247, 333, 637
Marsh, Ilaniel (see Manth, Dniiiel).
Marsh, John (seeMarc/i).
Marsh, Jonathan, .... 109, 2S5, 489, 490
Marsh, Onesiphorus 637
Marshfield, 6, 21, 30, 45, 73, 99, 105, 140, 181, 213,239, 285,
333, 306, 558, 565, 662
Marston, Benjamin, 105, 512
Marston, Manasseh 45, 239, 434
Martha, The brigantine, 476
Martha's Vineyard, 8, 45, 117, 124, 149, 155, 377,417, 493,
494, 495, 496, 507, 511, 510, 517, 600,613, 004
Pace
Martha's Vineyard Sound 14, 410
Martin, Susannali, 030
Martin, Thomas, 628
Martinique, Island of 384
Mary (anegresp), 031
Mary, The brigantine 3JC, 686, 708
Mary, The pink, 125, 517
Mary, The sloop, 410,470
Mary, Fort (Boston), . . . 447,647,648,040
Mary, Fort (see Suco Fori).
Mary, Queen, 9, 14, 32, 34, 37, 51, 52, 60, 08, 121, 386, 387,
390, 408, 418, 431, 432, 465, 409,472,478, 602,
643, 063, 607, 709
Mary and Hannah, The pink 475
Mary Ann, The ketch 656
Maryland 432, 472
Mash (see Marsh).
Mason, Arthur, . . . 302,608,628,688,691,692
Mason, John 5, 456, 608
395, 396, 397
405, 406, 423
404, 551, 553, 5-54, 560
5, 6, 49, 669
Mason, Joseph, .
Mason, Robert, .
Mason, Samuel, .
Mason, Stejihen,
Massachusetts or Massachusetts Bay (see Company), 5,8,
9, 10, 15, 19, 20, 24, 25, 26, 31, 32, 34, 35, 36,
39, 43, 48, 49, 50, 52, 53, 54, 55, 59, 60, 64, 05,
67, 68, 71, 75, 78, 79, 80, 82, 83, 84, 85, 86, 87,
91, 92, 93, 94, 95, 97, 103, 107, 108, 113, 114,
115, 116, 117, 120, 122, 123, 127, 128, 129, 131,
132, 134, 135, 136, 137, 139, 141, 143, 147, 151.
152, 153, 154, 155, 156, 157, 158, 159, 162, 163,
164, 165, 166, 169, 170, 174, 175, 176, 179, 186,
188, 190, 191, 192, 193, 194, 195, 196, 197, 199,
201, 202, 203, 204, 205, 206, 207, 211, 216, 217,
218, 219, 220, 221, 222, 223, 226, 227, 229, 230,
231, 232, 237, 238, 241, 242, 244, 246, 248, 249,
251, 252, 253, 254, 255, 256, 257, 258, 259, 260,
261, 262, 264, 265, 271, 272, 273, 274, 275, 276,
277, 278, 279, 280, 283, 284, 288, 290, 291, 293,
294, 295, 296, 297, 298, 300, 301, 302, 303, 304,
305, 306, 307, 308, 309, 311, 313, 314, 315, 316,
320, 322, 323, 324, 326, 327, 331, 332, 335, 337,
338, 339, 341, 342, 343, 344, 346, 350, 351, 352,
358, 359, 369, 370, 371, 376, 377, 378, 379, 381,
3S2, 383, 3S6, 3S7, 388, 389, 390, 392, 393, 394,
409, 411, 412, 413, 414, 415, 417, 418, 424, 427,
428, 429, 431, 432, 433, 435, 436, 437, 438, 439,
440, 441, 442, 444, 445, 447, 448, 449, 453, 454,
455, 456, 457, 462, 463, 464, 465, 466, 467, 470,
471, 472, 473, 475, 476, 479, 482, 485, 4S6, 487,
491, 496, 497, 498, 500, 501, 502, 504, 505, 500,
607, 509, 512, 516, 517, 518, 519, 520, 521, 522,
523, 537, 539, 543, 544, 545, 546, 548, 550, 551,
552, 554, 555, 556, 557, 560, 562, 563, 564,' 566,
568, 569, 570, 575, 576, 579, 580, 581, 583, 584,
588, 589, 591, 593, 595, 596, 599, 602, 604, 607,
609, 611, 612, 613, 614, 616, 617, 618, 022, 623,
624, 626, 627, 628, 629, 630, 631, 632, 633, 634,
635, 636, 637, 638, 639, 640, 642, 643, 046, 647,
648, 649, 650, 654, 655, 656, 657, 658, 059, 660,
061 , 665, 660, 668, 669, 671, 672, 674, 676, 677,
678, 679, 680, 681, 682, 684, 6S5, 687, 688, 6S9,
691, 692, 694, 696, 698, 700, 701, 705, 707, 708,
709, 716, 717, 719, 721, 722, 723, 724, 725, 726,
727, 729, 729, 730, 731, 732, 733, 734, 735, 736,
737, 742, 746, 747
Massachusetts Ilistorical Society, . . 428, 459, 674
Massou, Stephen (see Jluso7i).
768
Index of Names.
Page
Maaters, Nathaniel, 635
Maston {see Marston).
Mather, Cotton, 25S, '265, 272, 375, 3S8, 427, 513, 531,533,571,
574.591, 599, 601, 602, 603, 652, 674, 693, 702
Mather, Eleazar, 693
Mather, Increase, 9, 14, 23, 48, 49, 60, 78, 115, 156, 191, 202,
219, 255, 258, 261, 205, 272, 327, 332, 362, 388,
427, 428, 429, 452, 453, 407, 504, 608, 609, 610,
616, 624,644, 645, 652, 668, 672, 697, 698, 702,
703, 742
Mather, Warhara 303, 688, 692
Mathews (.«<'« Jfaithews).
Mathree, Elias 628
Matson, Elizabeth (see Moore).
Matthews, George, 632
Maxwel {see M(ixwell).
Maxwell, James {Doorkeeper and Jfesseiiger), 8, 21, 30,
45, 66, 73, 96, 105, 139, 149, 173, 181, 192, 205,
213, 220, 232, 239, 276, 285, 298, 333, 340, 346,
366,458,459,581,612
Maxwell, John 670
Mayer, Henry, 628
Mayhew, Matthew, 45, 105, 117, 124, 149, 493, 495, 496, 507,
511,512,516,664
Mayhew, Thomas, . . 180, 493, 494, 495, 496, 664
McAllister, Thomas 727
Meachaiu, Isaac, senior 415
Moadowes {see MeiidoiD.s).
Meadows, Philip, 679
Medfield, 7, 20, 29, 44, 72, 104, 105, 148, 180, 212, 238, 284,
332, 365, 725
Medford, . .7,29,72,148,180,213,239,285,333,366
Meers, Mteres, Meerse {see below).
Meers, James 140, 412, 544, 545, 670
Meers's Tavern (Boston), 544
Mcllyen, Melain, 628
Mendon, 7, 20, 29, 89, 114, 365, 447, 483, 484, 503, 725
Menotomy (Arlington), 497
Mercer {see Le Jfercier).
Merchant Tailors' Company (London), . . . 436
Merrett (see Merritt) .
Merriconeag Neck (Maine), 32,89'
Morriniac, 406
Merrimac River, 33, 35, 254, 398, 399, 400, 401, 403, 405,
407, 408, 409, 449, 479, 487, 552, 553, 559, 560,
571.592, 002
Merritt, John 453
Merry, John, 746
Merry, Samuel, 199, 599, 600
Merryfield, Joseph 727
Merry-meeting (on Kennebec River) , . . 604, 738
Messenger, Simeon 239, 278
Metcalf {see Metcat/e) .
Melcalf, Eleazar, 633
Metcalfe, Thomas 7, 57, 148
Metope, Robert, 746
Mico, John 375,518,670,733
Middleborough, 6,658,668
Middlecott, Middlecot, Middlecutt {see belnir).
Middlecott, Richard 6,36,54,411,471
Middlesex, County of (England) 434
Middlesex, County of (Massachusetts) {see Iteg'i-
nunl), 7, 16, 20, 21, 29, 30, 44, 45, 72, 104, 111, 148, 167,
168, 174, 175, 176, 180, 184, 213, 238, 239, 257,
258, 277, 284, 285, 317, 333, 354, 355, 366, 392,
4119,410, 421, 423, 425,468,496,497,498,499,
500, 522, 575, 586, 587, 589, .591, 600, 635, 055,
683, 705, 709, 711, 722, 728, 729, 7.30, 740
Page
Middle Temple 435,436,686,703,716
Milberry, Edward, 475
Milbourne (see Milhurne).
Milburne, Jonathan 727
Milbury, Henry, 186
Milford (Connecticut) 379,418
Mill, The sloop 475
Miller, John 285
Milton, 7, 20, 29, 44, 72, 104, 105, 148, 180, 212, 238, 284,
332, 365, 565, 628
Minot, Minott, Mynot (se^ below).
Minotor Minott, James, 168, 175, 238, 285, 575, 586, 587, 653
Minot, John, 508, 509
Minot, Stephen 372, 747, 748
Miriam, Robert, 746
Mississippi River, 735
Moates, Jonas, 476
Moduckawando (an Indian) 382
Mohawks (Indians) (see Mhijuus).
Moll, John 476
Molton, Jeremiah, 8, 186, 270
Monck, George, 154, 564
Monement Bay {see Monument Buy).
Monk {see Mojick) .
Montague, Charles 264, 489
Montreal 378, 735
Monument Bay, 170, 494
Moodey (see Moody) .
Moody, Caleb 407
Moody, Samuel, . . 222, 572, 619, 636, 637, 717
Moomawa (an Indian) 603
Moor, Moar, Moore, More (see beloio).
Moor, Benoni 198
Moor or Moore, John, 7
Moore, Elizabeth 614
Moore, George Henry, JAj.D 580
Moore, Sampson, . . 206, 289, 355, 614, 677, 730
Moore, Samuel 475
Moram (Morin), Peter, 577,578
More, Francis, 422
More, John 552
Morey, Jonathan 181
Morey, Nicholas, 493
Morgan, David 63, 64, 118, 454, 455, 512
Morgan, John 631
Morill, Morrell, Morril, Morrill (.see beloir).
Morill, Isaac 149, 333, 365
Morning Star, The sloop, 475
Morrill, Jacob, 7, 105, 512
Morris, John, 557
Morris, Thomas, 475
Morse, Mors, Moss, Mosse (see beloio).
Morse, David, 727
Morse, John, 727
Morse, Joseph, 213
Morse, Obadiah 239
Morton, Charles 531
Morton, Ephraim 6, 181
Morton, Joseph 490
Mory, Nicholas (see Morey) .
Moseley, Joseph 727
Moses (.see Turrarnugiros).
Mosly (see Moseley).
Moss, John 508, 509
Mould, Samuel 457
Moulson, Lady Anne, 452
Moulton (.sec Molton).
Mountague, Goody, ....... 635
Index of ^Names.
769
301,
Page
Mount Drsert, . 514
Mount Hope (Bristol), 351, 72G
Mouiitiguc (.v<;c Jlountague).
Moxus (an Indian) 0013,738,739
Muddy River (Brooliline), 187
Murrel, Sarah, 631
Muscongus Bay (Broad Bay, Maine), . . . 680
Muscongu8 River 596
Myles, Samuel 332, 609
IV.
Nanfan, John 309, 710
Nantasket 508, 595
Nantucket, 6, 8, 20, 21, 24, 73, 105, 124, 163, 181, 239, 354,
360, 377, 418, 462, 496, 516, 517, 602, 730
if\arTaganBett {see Khiff's Province), . 5,211,331,563
Narragausett Bay, .
Narragansett Fight, .
Narragansett Fort,
Narragansett River, .
Narrakamaguog (Narraguagus) ,
Nash, Thomas
Nash, Tiraoth3-
Nashoba (Littleton), .
Nashua
Nashua River, ....
Nason, Benjamin,
Nason, Sarah, ....
Nataumbuniit (an Indian),
Nathaniel, The ship, .
Natick, 81, 94, 130, 245, 250, 267, 287, 297, 317, 3:
Nazarites
Neale, Henry, ....
Neale, Thomas, ....
Noff, Mary, ....
NeffeCsfe^V/).
Nelen (see Kneeland) .
Nellson {see Kelson).
Nelson, John (Boston), 196, 201, 360, 595, 596, 597, 607,
608, 697, 736, 739
Nelson, John (Plymouth), 21,30
Nelson, Philip 406
Nelson, "William {see Xelson, John').
Nerline, Edward,
Neuman {see Keicman) .
Nevill, Edward
Nevis (West Indies),
New Amsterdam {see New York).
Newbury, 7, 20, 30, 35, 45, 73, 95, 104, 105, 148, ISO, 213,
239, 284, 333, 365, 398, 399,400,401,402,403,
404, 405, 406, 407, 408, 409, 432, 466, 487, 571,
572, 731, 732
Newbury, "Walter, 406
Newbury River (Merrimac) 402
Newel {see Newell).
Newell, Hannah, 457
Newell, Samuel, 79, 409
New England, 5, 9, 32, 43, 50, 51, 52, 56, 82, 93, 107, 120,
122, 127, 159, 194, 211, 216, 253, 255, 257, 258,
264, 265, 204, 306, 307, 308, 313, 331, 337, 343,
347, 361, 377, 378, 380, 384, 3S7, 392, 394,404,
405, 406, 407, 412, 413, 414, 416, 417, 424, 433,
434, 436, 438, 441, 442, 445, 446, 447,449, 450,
453, 454, 455, 457, 464, 465, 466, 467, 469,470,
476, 478, 480, 485, 487, 496, 497, 498, 500, 501,
502, 506, 507, 508, 509, 510, 512, 515, 516, 517,
51S, 519, 520, 521, 522, 528, 534, 536, 537, 538,
543, 544, 549, 550, 554, 555, 556, 557, 561, 563,
. 659
. 486
. 638
. 659
737, 793
109, 490
. 7, 73, 443
199, 246
186, 397
. 186
66, 610, 688, 689
689
603
476
20, 348
540
434
431, 432, 433
153, 154, 562
325
549
578
I'AOE
New England— Concluded.
564, 666, 568, 569, 570, 676, 578, 579, 581, 585,
587, 588, 589, 591, 593, 595, 596, 597, 599, 602,
604, 600, 007, 608, 610, 613, 614, 616, 618, 619,
620, 622, 623, 624, 632, 633, 636, 637, 640, 642,
643, 044, 645, 640, 647, 648, 649, 650, 051, 652,
054, 655, 650, 657, 659, 001, 600, 009, 071, 072,
674, 678, 0S3, 085, 686, 691, 692, 094, 095, 693,
700, 703, 705, 707, 708, 709, 716, 717, 718, 719,
721, 722, 723, 725, 726, 728, 730, 732, 733, 735,
736
New England Historic-Genealogical Society, . 5, 413
Newfoundland, . 335, 385, 386, 514, 536, 537, 549, 552, 553,
577, 585, 599, 713
New France, . 378, 431, 473, 504, 534, 576, 597, 601, 735
Newgate, Nathaniel, 427
New Hampshire, 5, 122, 159, 291, 295, 296, 298, 299, 340,
387, 397, 439, 441, 449,460, 401,405,486, 501,
506, 522, 550, 551, 655, 560, 562, 584, 588, 622,
626, 638, 639, 645, 677, 678, 679, 680, 681, 682,
684, 695, 722, 741
New Haven 442, 554
Newichawannock (Berwick) 88,481
New Jersey 440, 647
New London (Connecticut), . . 462, 463, 555, 673
Newman, John, 180, 213, 333, 483
Newman, Samuel, . , . .8, 104, 149, 181, 512
New Netherlands {see New York).
New Plymouth, 6, 10, 15, 19, 20, 26, 44, 71, 92, 98, 99, 103,
147, 155, 179, 212, 237, 241, 246, 274, 283, 332,
351, 3S3, .384, 387, 410, 428, 429, 464, 486, 509,
518, 545, 600, 659, 660, 065, 666, 671, 726
Newport 448, 550, 564, 707
Newport, The sloop 475
Newport Galley, The frigate, 122, 416, 418,472,473,506,
507, 514, 510, 546, 599
Newton, 7, 21, 29, 44, 47, 48, 72, 79, 104, 148, 180, 213, 229,
238, 242, 285, 333, 353,366,423, 424, 425, 426,
427, 467> 468, 635, 728
Newton, Thomas, . . . 119,512,515,668,708
Newtown {see Newton).
Newtown (Isle of Wight) 435
Newtown (Maine) CSO
Now York {see Fusileers, Regulars, Trinity
Church), 76, 81, 83, 86, 159, 174, 175, 195, 196, 203, 211,
237, 254, 295, 302, 307, 332,339,378,380,381,
384, .388, 417, 418, 428, 429, 432, 433, 438, 439,
440, 441, 442, 465, 472, 473, 478, 480, 500, 501,
505, 516, 523, 530, 537, 548, 552, 553, 500, 569,
582, 583, 5S4, 587, 592, 596, 597, 600, 609, Oil,
612, 61S, 626, 638, 039, 640,044, 647,648,649,
653, 670, 673, 675, 677, 679, 6S1, 682, 6S3, 685,
686, 688, 691, 692, 696, 710, 716, 735, 736, 741
New York, The bark 475
Nicholds {see Nichols).
Nichols, Nathaniel 746
Nicholson, Francis, . . . 326, 405, 406, 423, 692
Nickolson {see Nicholson ) .
Noble, John, isi
Noble, Thomas, S
Nod, Land of (Wilmington, near Charlestown), . 292
Nomquid, Nonquid or Nonquit (Tiverton), . 666,667
Nonesuch, The frigate 48,375,381,417
Nonesuch, The sloop, 475
Nopye or Nopy {see Quahiscom) .
Norden, Nathaniel, ... 7, 105, ISO, 453, 512, 574
Norfolk County 398, 400, 401
Norridgewalk (Norridgewock), . . 736,737,739
770
Index of Kames.
Page
North America (see America).
Northampton, 7, 21, 30, 45, 73, 105, 131, 148, 153, 181, 186,
212, 239, 285, 287, 333, 349,366, 389, 395, 625,
526, 527, 528, 529, 530, 560, 598, 605, 692
Northfield 303, 389, 396, 6SS, 692
Korth River (Scituate), 246
North River Bridge (between Hanover and Pem-
broke) 99
North Sea 580
Norton, George, 21
Norton, Joseph 8, 495, 496
Norwich (Connecticut) 555
Norwood, Benjamin, 475
Nottingham, Daniel Finch, Earl of, ... 716
Nova Scotia, 6, 15, 19, 44, 71, 81, 103, 123, 132, 133, 147,
ISO, 194, 195, 196, 212, 238, 241, 2S4, 305, 332,
505, 507, 521, 534, 595, 596, 597, 606, 632, 633,
636, 685, 696, 735
Nowell, George, 572
Nowell, Increase, 419
Noyes, Daniel, 337
Noyes, John, ........ 670
Noyes, Joseph 72, 104, 148, 512
Noyes, Mary 333
Noyes, Nicholas, 183, 548, 587
Noyes, Thomas, 7, 20, 30, 45, 105, 129, 180, 213, 333, 407,
410,512, 551,554
Noyse (see Noyes).
Nunaquaket (Tiverton, R. I.) I .... 15
Nnqiietil (Niquetier), Jean, 744
Nurse, Rebecca, 630
O.
Oakes, Thomas, 49, 50, 342, 347, 360, 365, 427, 428, 429
Oare, James 635
Ohio River, 735
Oilers, du, 628
Okes (see Oakes).
Old South Church (Boston), .... 332,534
Oliver, Bridget (see Bishop).
Oliver, Daniel, 188
Oliver, James 275, 425, 426, 467, 671
Oliver, Nathaniel, 104, 110, 238, 284, 493, 494, 495, 496,
512, 518, 609, 670, 726, 733
Oliver, Peter 494
Oliver, Thomas, 7, 21, 29, 180, 275, 284, 300, 333, 336, 300,
410, 671, 704
Ondomhegon, 739
Oneidas (Indians) 440, 4S0
Onengungos (Indians) 481
Onondaga, 472, 479
Onondagas (Indians) , 440
Oporto 469, 685
Orange, Prince of (see William III.).
Orford, The frigate, 514, 546
Orleans, Isle of ((iuebec), 385
Orniond, James Butler, Duke of, . . . . 684
Osborn, Osbourn, Osburn, Osburne, Ozburne
(see betoic).
Osborn, John, 701
Osburn, Jeremiah, 492
Osburne, Sarah, 630
Osgood, Christopher, . . .20, 30, 105, 512, 523
Osgood, John, 149, 333
Otis, Oatis, Oatts (see beloic).
Otis, John, 8, 10, 21, 30, 45, 105, 149, 171, 181, 212, 391,
434, 489, 512, 558, 565, 580
Page
Owen, Samuel, 395, 598
Oxford 20, 29, 58, 447, 641, 725
Oxford, New, 641
Oxfordshire, County of (England), . . . 436
Oyster River (New Hampshire), . . 438, 601, 629
Pabodie, Pabody, Peabody, Pebody, Peebawdy
(see below).
Pabodie, William, 271
Packer, Thomas, 725
Padeshall, Martha 274
Pagans 396
Page, Paig, Paige (see below).
Page, John 7, 238, 413
Page, John, jun 37, 413
Pageant, Francois, 744
Paig, John, 149
Paige, Ann 117, 507, 508, 510
Paige, Lucius R., 423, 671
Paige, Nicholas (see Troop), 117, 507, 508, 509, 510, 511,
585, 628, 702, 711
Paine, Pain, Payn, Payne (see below).
Paine, Moses 671
Paine, Nathaniel, 414, 520
Paine or Pain, Stephen 30, 45, 285, 366
Paine, Thomas 105, 512, 549, 558, 565
Palfrey, John G 442
Palmer, John (Boston) 627
Palmer, John (Little Compton), .... 366
Palmer, Thoinus, 518, 670, 714
Palmerston, Henry John Temple, Lord, . . 435
Paluau (see Fr-ontenac) .
Papists, 121
Paquarak (an Indian) ,
Parham, The sloop, .
Parke, John,
Parke, Richard, . .
Earke, William, .
Parker, Alice,
Parker, Hanauiah,
Parker, James, .
Parker, James, jun., .
Parker, Jonathan,
Parker, Josiah, .
Parker, Phiucas,
Parker, Richard,
Parker Ilou.-e (Boston),
Parkman, Nathaniel, .
Parlor, Thomas,
Parris, Robert, .
Parson (see Parsons).
Parsons, Benjamin, .
Parsons, Humphrey, .
2.0, 6
. 603
475
353, 728
. 420
. 403
. 630
72, 148, 180, 213
29, 447
. 622
. 746
17, 600, 622, 705
225, 622
430
544
475
657
702
. 415
471, 485, 545
Parsons, Joseph (Boston), 518, 580, 620, 622, 653, 670, 708,
733
Parsons, Joseph (Northampton), 21, 30, 38, 45, 105, 201,
256, 333, 343, 477, 512, 524, 520, 527, 528, 529.
573, 605, 606
Parsons, Thomas 598
Partridge, William 399, 594
Partridge, William, jun., . . . 449,687,588,725
Partrigg, Partridg, Partridge, Partrig, Patrigg (.s^e
beloic).
Partrigg or Partridge, Samuel, 8, 16, 30, 38, 45, 88, 105,
111, 131, 148, 181, 212, 237, 239, 241, 247, 284,
314, 332, 338, 339, 344, 349, 389, 396, 410, 415,
Index of Names.
771
Page
Partrigg or Partridge, Samuel— Cnnclwled.
44:i, 444, 482, 49n, 500, 005, 523, 524, 520, 527,
528, 529, 530, 547, 560, 573, 593, 596, 598, 605,
G06, 637, 687, G88, 697
PaBpanaiiton (an Indian), 630
Patch, Thomas, 7, 365
Patrick, Samuel (see Parti-igg).
Pawtucket, 559
Paxton, Wentworth 507, 514, 599
Payne, William, . 181, 205, 217, 224, 547, 548, 621, 678
Pcan, Lewis 628
Pearce, Peirce, Peirse, Perce, I'ierce, Pirco {see
below).
Pea roe, William, 638
Pearson, George (Boston) 430
Pearson, George (Wells), 635
Pearson, John, 333, 365
Pease, John (Enfield), 415
Pease, John (Tisbury) 199,599,600
Pebody, John, ... 7, 73, 149, 180, 213, 239, 284
Peck, Nicholas, . . . . . . . 492, 493
Peck, Samuel 8, 16, 21, 72
Pecke, Nicholas (see Peck).
Peirce, Daniel, 7, 19, 43, 71, 103, 129, 147, 179, 212, 237,
283, 314, 331, 339, 344, 345, 348, 356, 512, 687,
688, 697, 732, 733, 739
Peirce, John (Little Compton), . . . 664,666
Peirce, John (Woburn) 239
Peirpoint (see Pierpont) .
Peirson, John » . . 45
Pelham, Herbert 361
Pell, Edward, 475, 578
Pelton, Samuel, .493
Pelty, Joseph 198
Pemaquenaxelt, Pemequenoxet, Pemequenoxsett
(an Indian) 528, 529
Pemaquid (see (?a?Ti«o?0. 37, 81,92, 122, 123, 130,164,294,
295, 206, 345, 356, 360, 377, 382, 3S7, 388, 393,
394, 307, 410, 413, 429, 440, 451, 473, 485, 486,
504, 505, 506, 513, 514, 515, 516, 519, 522, 531,
546, 562, 569, 591, 592, 601,602, 624, 648, 649,
680, 681, 682, 685, 718, 731, 739, 740, 741
Pemaquid River, 680
Pemberton, Thomas,
Pembroke, Thomas Herbert, Eiul o
Pembrook, Elkanah, .
Pen («ee Penii).
Penn, William, ....
Pennecook (Concord, N. H.)i .
Pennecooks (Indians),
Pennsylvania, ....
Penobscot
Penobscots (Indians), .
Penwatcheage, Job, .
Pepperell, William, .
Perce or Pirce, Ephraim, . .
Perkins, David, ....
Perkins, Francis,
Perkins, Tobijah, , . 73, 105,
Perley, Thomas,
Perry, Ann (see Essett).
Perry, Charles, ....
Perry, Michael
Perry, Samuel, ....
f,
. 386
686, 704, 716
. 239, 277
. 472
89, 355, 553, 604, 722
. 735
. 432, 472
377, 601, 602, 735
735, 738
. 206, 612
. 148
239, 285, 366
. 6, 45, 105
. 700
149, 213, 239, 284, 512
7, 30, 239, 333
613, 614
. 615
. 104
Perry, Seth,
Person (see Pearson^.
Petet (Petit), Francois, .
Petit Uoave (see Le Petit Goave)
206, 289, 355, 614, 677, 720, 730
744
Pace
Pettee, James 698
Pcttee, John 598
Pelty, Edward 475,478
Phelps, Isaac, .... 239, 247, 285, 366, 637
Philbrick, James, 475, 476
Philip, King 403
Philleps (see Phillips).
Phillips, Eliezer 444
Phillips, John, 5, 19, 25, 26, 31, 36, 39, 43, 54, 61, 71, 80,
91, 103, 147, lOo, 179, 200, 211, 219, 237, 283,
331, 338, 345, 360, 376, 383, 384, 393, 394, 409,
410, 411, 412, 441, 470, 471, 476, 477, 484, 485,
505, 512, 534, 548, 557, 571, 572, 500, 602, 604,
616, 617, 622, 677, 703, 700, 711, 718, 731, 736,
739
Phillips, John, jun., . . , 427
Phillips, Samuel, 747
Phillips, Timothy, .... 174,221,591,617
Phippa, Constautiue, 51, 52, 300, 307, 313, 315, 338, 434,
430, 437, 516, 592, 685, 686, 694, 695, 696, 697,
703, 704, 715, 716
Phipps, Samuel, 7, 8, 72, 148, 188, 213, 230, 231, 233, 238,
255, 262, 284, 289, 292, 304, 305, 327, 333, 342,
347, 366, 367, 370, 498, 499, 625, 641, 642, 671,
676,688, 740,744
Phips, Lady Mary, 390
Phips, Sir William, 5, 9, 10, 11, 19, 31, 32, 33, 43, 44, 48,
52, 54, 68, 71, 78, 152, 376, 377, 378, 379, 380,
381, 382, 383, 384, 385, 386, 387, 3SS, 389, 390,
391, 392, 393, 395, 306, 409, 410, 411, 413, 416,
417, 418, 424, 427,429, 432, 433, 435, 436, 437,
438, 439, 440, 441, 443, 444, 445, 447, 448, 451,
453, 455, 456, 457, 458, 459', 460, 462, 464, 467,
470,476,478,485,496, 517, 520, 522,534, 545,
559, 569, 570, 579, 582, 588, 589, 597, 602, 607,
614, 619, 620, 628, 629, 602, 646, 647, 650, 660,
661, 662, 663, 672, 685, 694, 709
Pickard, John 72
Picket (see Pickett).
Pickett, Nicholas, . . 167, 304, 573, 574, 688, 693
Pickman, Benjamin, 518
Piedmont (Italy) 193
Pierpont, Jonathan, 258, 265, 272
Pierson (see Pearson),
Pikard, John (see Pickard).
Pike, John, 466
Pike, Joseph, 408
Pike, Robert, 6.19,43,71,407
Pilet (see Pilett) .
Pllett, Captain, 585
Piscataqua, 268, 408, 432, 433, 507, 555, 573, 584, 601, 656,
6S1, 735,
Piscataqua River, . 291, 298, 377, 481, 514, 573, 680
Pitkin, William 464, 552
Pitts, John 580, 733
Placentia (Newfoundland), . . . 385,385,479
Plainfield (Connecticut) 724
Plaisted, Plaisteed, Plasteed (see belotv).
Plaisted, Ichabod 292
Plaisted, James 186, 270, 284, 693
Platts, Samuel, 30
Plymouth (see Neto Plymouth) .
Plymouth, Couuty of, 6, 16, 20, 21, 30, 45, 73, 105, 149, 156,
181, 213, 239, 285, 311, 333, 366, 488, 555, 600,
666, 068, 700, 701
Plymouth (England), 518,549
Plymouth, Town of, 6, 21, 30, 45, 73, 76, 89, 98, 105, 144,
149, 181, 184, 213, 239, 285, 295, 333, 337, 366,
772
Index of Names.
Tage
Plymouth, Town of — Conrhided,
428, 486, 4S8, 494, 495, 555, 558, 590, 626, 659,
661, 662, 666, 714
Pocaseet (Tiverton, R. I.)i • • • 15. 659, 666
Pockauocket (Swanzey) 659
Pocumtuck Vallej' Memorial Association, . . 573
Point Aldertou 331,702
Poleman, Jasper, 270
Pollard, Jonaliian 670
PoUexfen, John 42S, 679
Policy, John 63S
Pomeroy, Pomery, Pomrey, Pomroy, Pomry,
Pumrey Pumry {see below).
Pomeroy, Medad (see Pomry) .
Pomroy, N'athaniel 198
Pomry, Medad, ...... .7,111,598
Popasqaash Neck (Rhode Island), .... 726
Pope, Seth 181, 206, 285, 492, 612, 613
Popple, William 685
Porter, Hezekiah 490
Porter, Samuel, 30, 38
Port Royal, 37, 81, 96, 123, 132, 133, 305, 339, 505, 531, 634,
569, 597, 607, 695
Portsmouth, 449, 571, 572
Portugal 588
Pouud, Thomas, 627,628,653
Pounds (see Pound) .
Povey, Anne (see Blathwayt) .
Povey, John, 331
Povey, Justinian 435
Povey, Thomas, . . . 331, 343, 359, 653, 654, 696
Powow River, 403
Pratt, Edward 638
Prebble (see Preble),
Preble, Abraham, 180, 186, 213, 333, 336, 341, 572, 592, 717
Pree, Rene, 631
Premond (Premont), John 561
Prendergast, 489
Prentice (seePrentis).
Prentis, James 427
Prentis, Thomas, . . . 202, 426, 427, 611, 662
Prescott, Jonas, 213
Prescott, Jonathan, . 7, 21, 29, 44, 72, 148, 180, 213, 413
President, The ship 427
Price, Daniel, 598
Price, Kate, 690
Price, Richard, 430
Primrose, The s!oop 475,476
Prince, Samuel, 73
Prince, Thomas, 476, 477
Prince, Thomas, Rev 580
Prince Society, 664
I'riucess Ann, The ship 475
Prior, Matthew 679
Procter, Benjamin 631
Procter, Elizabeth 630
Procter, John, 630
Procter, Samuel 221,618
Proctor (see Procter) .
Prosperous, The ketch 475
Protestant or Protestants, 31, 93, 107, 216, 250, 257, 388
Prout, Kbenezer, 29, 30, 45, 62, 66, 197, 224, 454, 459, 598,
621
Prout, Timothy, 607
Proutt (see Prout).
Providence (Rhode Island) 660,724
Providence, The ship 163, 668
Providence, The sloop 577
Page
I'rovidence Plantations, 5, 211, 331, 472, 548, 550, 659, 660,
661
Province Galley, 47, 170, 207, 219, 417, 41S, 419, 462, 463,
4S7, 505, 513, 514, 594, 602, 616, 736
Provost, Benjamin, 475, 476
Provost, Jacques 744
Prudent Sarah, The ship, 470
Pudeater, Anne, 631
Pudeter (see Pudeater).
Pugsley, John, 154, 563
Pulling Point Gut (Winthrop), . . . .427
Pullman, Alexander 567
Pumry, Ebenezer 52,7, 529, 606
Puncateeso (Tiverton, R. I.). .... 15,666
Purchis, Purchase, Purchisse (see beloic).
Purchis, Oliver, 290, 337, 677, 715
Purchis, Sarah, 337
Purdee (see Piirdy).
Purdy, Thomas, 475, 476
Pynchon, Pincheon, Pinchon, Pyncheon (see
bcloic).
Pynchon, John (see Regiment, Troop), 19, 21, 25, 38, 43,
48, 71, 103, 147, 148, 165, 179, 211, 237, 247,
283, 331, 338, 339, 344, 378, 379, 380, 382, 389,
390, 395, 396, 398, 403, 426, 439, 440, 444, 445,
460, 461, 402, 463, 486, 508, 512, 524, 525, 526,
627, 529, 570, 571. 598, 605, 606, 637, 642
Pynchon, John, jun., . . r . . . 430
Pynchon, John, tertius, . . . 239, 242, 527, 529
Q.
Quabiscom, Samuel 206, 612, 613
Quaboag (Brooktield), . 9,34,395,396,397,398
Quakers, 696, 059
Quebec, . . 377, 384, 385, 442, 504, 597, 007, 735, 737
Queson, Jean 628
Quincy, Josiah, ...... 228, 452, 635
Quinscy, Edmund, ...... .7,447
Quinsigamond Pond CSVorcester), . . 90,352,727
Quitticus 658, 668
Tl.
Rachel, The sloop 476
Ram Island 399,401
Randolph, Edward, . . 405, 406, 423, 435, 508, 627
Ransom, Robert, 701
Rawlings, John, 250, 641
Rawson, Edward, 401, 402, 403, 421, 423, 430, 431, 613, 692
Rawson, William, 72
Ray, Caleb, 66, 84, 96, 141, 153, 169, 175,200,302,390,457,
458, 473, 474, 487, 488, 546, .547, 548, 561, 562,
676, 577, 678, 579, 585, 586, 604, 688, 690, 691
Raymer (see Rayner).
Rayner, John, 351, 730
Read, Moses, 104
Read, Samuel, 7, 725
Reading, 7, 21, 29, 45, 72, 104, 148, 180, 213, 227, 239, 285,
333, 366, 408, 623
Records, Captain 585
Rehoboth, 8, 21, 30, 45, 63, 72, 77, 104, 149, 155, 160, 181,
212, 239, 285, 333, 366, 638, 639, 724
Regiment, Boston 702, 713
Maj. Benjamin Church's, . . . 612
Maj. James Converse's, .... 689
Essex 507
Hampshire, 570
Middlesex (under Maj. Thomas Hench-
man), 410,446
Index of Names.
773
Page
Regiment — Concluded.
Mlddlosex (under Col. John Phillips), 711
North Ehhcx, 562
Col. John I'ynchon's, . . . 165, 461
Col. Nathaniel SaltonBtall's, . . .446
Suffolk (under Col. Kllsha Ilutchin-
Bon) 711
Suffolk (under Col. NicholuB Paige), . 711
Regulars, Company of Foot for New York, . . 647
Three Companies for New York, . . 86
Two Companies of Grenadiers for New
York under Captains Hyde and
Weems 465, 472, 473
Reith, Richard 73
Relief, The sloop 475
Remington, Jonathan 425, 426, 467
Reresby, Judith (see Ashurst).
Resolution, The sloop 410
Reynolds, RaynoUs, Reynalds {see below).
Reynolds, Nathaniel (Boston or Bristol), . 491,493
Reynolds, Nathaniel (Castle Island), . . . 727
Rhode Island, 5, 8, 122, 142, 155, 157, 158, 211, 271, 331,
3S7, 418, 431, 432, 463, 464, 472, 478, 506, 507,
521, 544, 548, 549, 550, 551, 559, 564, 611, 638,
639, 658, 659, 660, 661,662, 663,664, 665,666,
668, 679, 681, 707, 741
Rice, David 251
Rice, Isaac, .... 168, 175, 575, 586, 587
Rice, Joseph, ISO
Rice, Matthew 587
Rice, Sarah 631
Rich, Thomas 598
Richards, Humphrey, 567
Richards (Richard), Jean 744
Richards, John, 5, 14, 19, 23, 36, 39, 388, 410, 411, 485,
608
Richardson, Joseph, . . Ill, 497, 498, 499, 500, 729
Richmond (England) 489
Richmond, The ship, 418
Richmond Island, 573, 622
Riefe (see lieith).
Riggs, John, 274, 278
Riggs, Thomas 2.39, 376
Riley, Elizabeth 310, 700
Rindge, Daniel, 624
Ring's Island, 401, 404
River Indians (xee Schaghticoke) .
Robert, The bark, 476
Roberts, John, 513
Robertson, John, ....... 401
Robin (an Indian) 629,738
Robin, James 727
Robinson, Joseph, 199,218
Robinson, Sir Robert, 631
Robinson, Samuel, 284, 332
Robson, Samuel (see Robinson).
Rochelle (France) 442
Rochester 8, 108, 138, 489
Rode (Chief of the Mohawk Indians), . . . 441
Rogers, Eleazar, 184, 590
Rogers, Ezekiel, 45
Rogers, Jolin (Boston and Bristol), . . 72,493
Rogers, John (Weymouth) 7,212
Rogers, John, Rev ... 203, 696
Rogers, Pierre, ........ 744
Roman Catholic, 544, 738
Romar (see Roiner).
Rome (Italy) 435
Paob
Rlinier, .John," 316, 705
Roraer, Wolfgang William, 273,295, 309, ,314, 316, 323,
339, 349, 308, 372, 618, 670, 079, 680, 681, 683,
696, 698, 699, 705, 710, 710, 721, 722, 723, 740
Rondoges (Indians), 480
Root, Samuel 21,30,38,111,198,212
Root, Susannah 631
Roots (st-e Hoot).
Ross, Ros, Rosse (see below).
Ross, Daniel, 727
Ross, John 629
Roulandson (see Rowlandson).
Rouse, William 584, 628
Rowlandson, Joseph, 502, 574
Rowlandson, Mary 574
Rowley, 7, 20, 30, 45, 72, 105, 149, ISO, 213, 239, 284,288,
319, 333, 365, 700
Rowley, Moses 6, 8
Roxbury, 7, 20, 29, 44, 72, 79, 104, 148, 180, 212, 238, 284,
326, 332, 365, 469, 549, 618, 628, 702
Roxbury, New (Woodstock, Conn.), . 523, 524, 525
Roy, John, 576
Royal Society of London, 434
Ruck, Samuel, 427
Ruggell, John, 148
Ruggles, Benjamin 370
Ruggles,John 430
Ruggles, Samuel, . . 7, 10, 104, 14S, 212, 375, 512
Rumney Marsh (Chelsea), . 117, 507, 508, 509, 510
Russell, Mrs. (Hartford, Conn.), .... 725
Russell, Francis 79, 80, 469
Russell, James, 5, 10, 19, 36, 43, 54, 71, 90, 103, 134, 135,
140, 147, 179, 212, 237, 262, 271, 283,291,314,
331, 338, 339, .344, 371,410, 411,471, 512,545,
557, 647, 648, 657, 658, 671, 687, 688, 694, 697,
699, 720, 741, 742, 743, 747
Russell, John, 585
Russell, Richard 291, 419, 420, 657
Russell, Richard, juu., ...... 658
Russell, Thomas, 727
Ryall, Joseph, ....... 576, 577
Ryckman, Albert 479
Ryswick, . . . 524, 576, 590, 597, 598, 600, 601
IS.
Saco, . . . 185, 350, 479, 504, 571, 602, 603, 725, 745
Saco Falls 377, 680
Saco Fort, . . . 207, 350, 479, 546, 571, 589, 725
Saco River 680
Sadekanatie (an Indian), ...... 480
Sadler, Anthony 666
Saffery, Solomon, 248
SalHn, John, 8, 19, 44, 71, 103, 147, 179, 212, 324, 359, 360,
394, 413, 491, 492, 493, 512, 543, 659, 668, 712
Sagadahoc {see Garrison), 653
Sagadahoc Island 680
Sagadahoc River, 6, 15, 19, 44, 71, 103, 147, 180, 212, 238,
241,284,332
St. Croix River . 679, 685
St. George's River, 596, 679, 680
St. Helens, Great 434
St. James (London), 713
St. Jean, 561, 576
St. John (New Brunswick), . . 81, 123, 505, 505
St. John River (New Brunswick), 48, 132, 505, 506, 513,
514, 521, 531, 534, 536, 541, 542, 555
St. John's (Newfoundland) 549
St. John's Street (London), ..... 595
77i
IXDEX OF KaMES.
Page
55, 78, 442, 520
. 435
. 632
. 434
. 385
St. Joseph, The ship,
St. Martin in-the-Fii-'kls, .
St. Oben (St. Aubin), Charles,
St. Peter le Poor, ....
St. Peters (Xova Scotia), .
Salcra (see First Church), 6, 20, 30, 35, 45, 48, 53, 72, 105,
125, 148, 180, 213, 239, 277, 284, 290, 295, 310,
311, 333, 365, 392, 407, 408, 409, 410, 430, 432,
437, 465, 466, 470, 478, 507, 513, 517, 522, 531,
534, 548, 571, 572, 573, 585, 587, 590, 595, 600,
633, 641, 672, 673, 677, 699, 700, 701, 706, 726
Salem Fort (Winter Island) 548,677
Salem Village (Danvers), .... 187, 196
Salisbury (Mass.) (see Garrisoii) , 1 , 20, 30, 35, 45, 73,
105, 129, 149, 154, 155, 180, 185, 189, 190, 213,
239, 248, 2S4, 333, 365, 398, 399, 400, 401, 402,
403, 404, 405, 406, 407, 408, 522, 560, 637
Salisbury (England), 435
Salisbury River (Merrimac), .... 400,402
Sallendine (see Sollendine).
Sally, Anthony 631
Salter, Jabez, 747
Saltonstall, Saltingstall, Saltonstal (see bflloic).
Saltoustall, Nathaniel (see Company, Regiment), 5, 19,
43, 48, 151, 410, 426, 446, 558, 559, 562, 563
Saltonstall, Richard 213
Salt Tertudos (see Tortugas).
Sambo (a negro) 170,579
Sambroolie, Elizabeth 434
Sambrooke, Sir Jeremy 434
Sambrooke, Samuel 434
Sampson (see Sainaoji).
Sampson (see Scodook).
Samson, James, .... 60, 449, 450, 543
Samuel and Elizabeth, The pink, .... 475
Sanders, Christopher, 8
Sandwich, 8, 45, 63, 73,105, 109,141,142,149,151,170,171,
212, 239, 333, 366, 381, 417, 488, 490, 558, 565,
580, 662
Sandy Hook, 211, 583
Sanford, Zachary, .725
Santfort, Abraham, 476
Sarcen, Richard, 493,495,496
Sargant, Sargent, Seargant, Seargeant, Sergeant,
Sergent (see below).
Sargant, William 7, 376
Sargent, Edward 408, 409
Sargent, Thomas 7
Sarpyeare, William 634
Sarsou (see Sarcen).
Saterden (see Satterden) .
Satterden, John 628, 632
Saugus 677
Savage, Ephraim, 140, 141, 166, 204, 220, 226, 365, 367,
491, 542, 545, 546, 572, 611, 617, 654, 744
Savage, Francis, 628
Savage, James 430, 588
Savage, Thomas, 620, 653
Sawen (see Saiiin),
Sawin, Thomas, 333, 366, 5S7
Saxton (see Sea-ton )
Say and Seal, William Fiennes, Lord, . . 596,684
Saybrook (Connecticut), 673
Scarlet, Samuel 412
Scarlet's Wharf (Boston), .... 331,702
Schaghticoke (Indians), 186. 380, 523, 527, 560, 592, 605,
606, 735
Schenectady 378, 679
Page
School Street (Boston), 544
Schuyler, George W 440
Schuyler, Peter, 378, 379
Scires, Anne, 631
Scituate (see First Church), 6, 21, 30, 45, 73, 99, 105, 149,
181, 213, 239, 246, 267, 285, 288, 333, 366, 545,
662, 663
Scobell, Henry 442
Scodook (an Indian), . . . • . . . . 603
Sconce, The (Boston), 673,719
Scorton Neck (Sandwich;, .... 141, 151
Scotland, 9, 121, 127, 257, 335, 337, 408, 494, 555, 602, 604,
684, 694, 713
Scout, The shallop 574
Screven, William, . 30, 34, 45, 48, 391, 392, 426, 434
Scriven (see Screven).
Scusset River 580
Seaconnet (Rehoboth), 75, 164, 174, 185, 203, 245, 274,
659, 665
Sea Flower, The sloop 476
Sea Horse, The ship, 475
Seargant, Henry, 578
Searle, Thomas, . 475
Sea Street (Boston) 613
Selleck, Jonathan, 651
Sellick (see Selleck).
Senecas (Indians) 381
Sergeant, Peter, 6, 19, -'3, 71, 87, 103, 141, 147, 176, 179,
212, 233, 237, 256, 283, 305, 314, 331,338, 339,
343, 344, 346, 347, 361, 388, 432, 434, 450, 509,
512, 518, 547, 505, 617, 620, 641, 646, 653, 669,
671, 678, 687, 688, 694, 697, 703, 708, 712, 714,
715, 719, 720, 743
Sesag, John, • • 578
Severance, John 400
Sewall, Sewal, Sewel (see beloio).
Sewall, Hannah 292
Sewall, Joseph, 702
Sewall, Samuel, 5, 14, 19, 23, 30, 32, 36, 39, 43, 54, 57, 71,
87, 89, 95, 103, 110, 134, 136, 137, 143, 147.
149, 172, 176, 179, 183, 203, 211, 212, 215, 230,
237, 241, 255, 283, 287, 289, 292, 305, 306, 309,
314, 324, 331, 335, 336, 338, 339, 342, 347, 359,
386, 388, 391, 394, 398, 410, 411, 413, 423, 424,
427, 428, 431, 436, 439,440,444,451,459, 471,
481, 511, 512, 531, 532, 533, 534, 544, 548, 552,
562, 580, 583, 584, 585, 587, 591, 60S, 609, 617,
618, 619, 624, 636, 642, 644, 652, 670, 673, 674,
676, 687, 688, 690, 691, 694, 697, 698, 699, 702,
703, 704, 705, 713, 714, 718, 719, 720, 731, 732,
740
Sewall, Stephen 408, 410, 677
Sexton, Samuel, 386
Shaccaran, David 627
Shapleig, Shapleigh, Shapliegh (see beloin).
Shapleig, John, 104, 105, 270
Shattuck, Lemuel 413
Shaume Neck (Sandwich), .... 141, 151
Shea, John Gilmary, 537, 591
Sheafe, Sampson 21, 430, 508, 509
Shearman (see Shei'maji) .
Sheepscot, Sheepcott, Sheepscott, Shepcott, Ship-
scott (see below).
Sheepscot John or Jack Pudding, 457, 474, 4S8, 561, 562,
577, 578, 585, 604
Sheepscot River 680
Sheffield, Ann (see Essett).
Shellield, Thomas 613
IxDEX OF Names.
775
Sherlock, James,
Sherman, James, . . .
Sherman, Joseph,
Sherman, Thomas,
Sherwood, Robert,
Shewamet (Somerset),
Shippen, Edward,
Shirtlef, William,
Short, Henry, . , . .
Short, Richard, ....
Shove, John
Shrewsbury, Charles Talbot, Buke
Shrinipton, Elizabeth,
Shrimpton, Epaphras,
Shrimpton, Samuel, 71, 103, 147,
of.
I'AOE
Sheldon, George 531, 573
Shellden, John 389
Shcpard, Shephcard, Sheppard (see below).
Shepard, Jeremiah, 548
Shepard, Walter, . . . 168,175,575,586,587
Sherburne (now Sherborn), 7, 21, 29, 44, 130, 184, 199,
213, 218, 239, 244, 257, 285, 288, 299, 333, 366,
511, 591
. 627
. 575, 586
333, 366, 587
. 450
84, 457, 474, 487
. 290
430, 613
45
. 407
631, 632
. 386
. 597
. 686
354, 670, 730
54, 512, 548, 505, 646,
720, 730
Shurtleff {see S/nrtlef).
Shute, Michael, 78, 578, 628
Sibley, John Langdon 587
Signier, Adrian, 744
Sigourney, Andrew, 447
Sigourny {see Sigourney).
Sill, Joseph 422
Simon, Doctor (an Indian) 627
Simonds {see Syinonds).
Sinas, William, . » 457
Sisson, John 701
Six Friends, The ship, .... 268, 629, 656
Sis Nalions(</ie I^iveJVaiioiis, q. v., and Tuscaroras
added), . . 735
Skeffie, Chiff, Sckiff, Skiff, Skiffe {see below).
Skeffe, Stephen, . . .45, 105, 489, 490, 558, 565
Skiner {see Skinner).
Skinner, Richard 453, 574
Skinners' Company (London), .... 434
Slaughter {see Slaughter) .
Slocomb {see Slocum).
Slocum, Ebenezer, 660
Sloughter, Henry, 428
Smith, Abraham 412
Smith, Asahel " . . . .ISO
Smith, Benjamin 660
Smith, Daniel, . . 370, 496, 628, 728, 729, 746, 747
Smith, James, 591
Smith, John (England) 264
Smith, John (Ilingham) 44
Smith, John (Xewport), 660
Smith, Joseph 718
Smith, Matthew 746
Smith, Samuel, 109, 489, 490
Smith, Simon, . 476
Smith, Captain Thomas 653
Smith, Thomas (Sandwich), . . 73,171,181,580
Smith, William, 378
Smithson, Captain, ....... 631
Smyth {see Smith).
Snawsell, Thomas, ....... 430
Snow, Samuel 746
Snow, Zachariah, ....... 638
Society, The ship, ....... 475
Page
SoUendine, John 519
Soraers, Sir John {Lord Keeper of the Great Seat
of England), 216,513,515
Somes, Soames, Soaras {see below).
Somes, Abigail 631
Somes, John, 518
Soper, Joseph, 221,617
Sorhngs, The frigate, 122, 128, 416, 473, 505, 506, 507, 514,
515, 546
Soul, George, jun., 450
Sound, The {see Martha'' s Vineyard Sound).
Southack, Southak, Southark {see below).
Southack, Cyprian, . . 204, 518, 602, 603, 612, 616
Southfield {see Suffield).
Southmaid {see. Southmayd) .
Southmayd, William 673,724
South Sea, 580
Southward {see Southworth).
Southwell, Edward 418
Southworth, Edward 6, 366
Southworth, Nathaniel, 105, 512
Southworth, William, . . . 104, 157, 333, 512
Spanish, . . , 326
Sparks, Martha 630
Sparow {see Sparrow).
Sparrow, Jonathan, 8, 166, 212
Spaulden {see Spauldyng).
Spauldyng, Edward, 285
Speaker, Mr. {see Bond, Byfleld, Converse, Jeicett,
Leverett and Toivnsend).
Speen, James, 604
Spencer, John 4SS
Spencer, Nicholas 475
Spenloe, Philip, 412
Spooner, John 701
Sprague, Spargg, Sprage (see below).
Sprague, Edward, 366
Sprague, John {see Sprague, Richard).
Sprague, Richard, 21, 29, 44, 104, 135, 180, 383, 410, 424,
512, 620, 746, 747
Sprague, Samuel, . 10,45,105,239,366,434,636,651
Springer, Lawrence, 666, 668
Springtield, 7, 21, 30, 45, 53, 63, 73, 77, 105, 111, 118, 14S,
181, 212, 239, 285, 303, 333, 349, 369, 366, 378,
379, 380, 382, SS9, 395, 396, 398, 41 6, 440, 444,
454, 455, 524, 527, 570, 598, 605, 688
Springfield, West Ill, 127
Spruce Creek, 600
Stacey, John 453, 706
Staets, Jacob, 479
Stamford, Thomas Grey, Earl of 679
Stanley, Caleb 552,554
Stanley, Nathaniel 380,381,552
Stanly {see Stanley).
Stasey {see Stacey).
State Library (Massachusetti*), .... 169
StatePaper Office (London), 228
State Street (Boston) 564
Staughton {see Stoughton).
Stebbius, Benjamin, .
Stebbins, Ebenezer, .
Stebbins, Joseph,
Stebbins, Rebecca,
Stedman, John, .
Stephen, Leslie, .
Stepney, George,
Stepny {see Stepmey).
Stetson, Benjamin, .
198, 598, 606
. 198
53, 181
. 646
. 421
. 435
. 679
21, 30, 239, 267
776
IXDEX OF XamES.
. 238
. 475
. 727
20, 284
6, 7, 581
. 7, 376
45, 181, 443, 444
435
Page
Stevenes, Steevens, Stevens, Stevnes (see below).
Stevenes, James 20, 30, 45
Stevenes, Timothy, .
Stevens, John
Stevens, Thomas (Castle Island),
Stevens, Thomas (Amesbury),
Stevens, Thomas (Stow), .
Stevens, William,
Stillman, George,
Stilman (see StUlman).
Stoakes {see Stokes).
Stockholm, ....
Stoddard, Stoddart, Stodder {see below).
Stoddard, Samson 518
Stoddard, Samuel 733
Stoddard, Sarah 692
Stoddard, Simeon, 411, 412
Stoddard, Solomon, . . Ill, 112, 524, 528, 630, 692
Stokes, Simon 475
Stone, Joanna TOl
Stone, Samuel V27
Stone, Simon 366
Stonington (Connecticut), 555
Stony Brook (Watertown) 187
Storer, Benjamin 634
Storer, Joseph 270
Storer, Samuel 252, 635, 642
Storrer {see Storer).
Story, Thomas 629
Stoughton, "William, 5, 19, 32, 39, 43, 47, 65, 67, 68, 71, 78,
81, 82, 83, 86, 92, 93. 96, 97, 103, 107, 110, 111,
117, 120, 121, 122, 123, 124,127,129,132,135,
136, 139, 142, 147, 149, 156, 159, 161, 163, 164,
165, 179, 186, 190, 191, 192, 193, 194, 195, 196,
200, 201, 211, 217, 220, 237, 252, 260, 275, 279,
283, 291, 294, 296, 298, 299, 300, 306, 309, 313,
360, 388, 392, 405, 406, 416, 417, 418, 419, 423,
433, 434, 436, 437, 439, 440, 441, 444, 446, 448,
450, 451, 453, 454, 455, 456, 457, 458, 459, 460,
461, 462, 463, 464, 465, 466, 468, 469, 470, 472,
473, 479, 480, 481, 482, 485, 486, 487, 498, 500,
501, 503, 504, 505, 506, 507, 508, 511, 512, 513,
513, 516, 517,'518, 519, 521, 522, 523, 524, 525,
526, 527, 528, 530, 531, 534, 541, 542, 544, 545,
546, 548, 549, 550, 552, 553, 554, 555, 556, 557,
558, 559, 560, 561, 563, 564, 565, 567, 568, 570,
571, 573, 576, 576, 578, 581, 582, 583, 584, 585,
587, 5S8, 589, 590, 693, 599, 605, 607, 609, 610,
614, 628, 642, 643, 645, 646, 650, 651, 655, 668,
669, 673, 675, 676, 678, 680, 6S1, 682, 683, 689,
690, 691, 694, 696, 697, 707, 720, 722, 735, 736
Stover, Elizabeth 140, 545
Stow 6,7,173,185,581,702
Stow, Samuel, 586
Straker, Susannah 326
Strawberry (an Indian), 524
Strong, William, 533
Stroud, Joseph, 475
Sturgis, Sterges, Storges {see below).
Sturgis, Francis {see Sturgis, Thomasj ■
Sturgis, Thomas, 45, 105, 112, 212, 239, 333, 366, 502, 512,
558, 565
Sturtevant, John, 45
Stutson {see Stetson).
Succanesset, 6, §
Success, The ship 172, 580
Sudbury, 7, 21, 29, 44, 72, 104, 148, 1G8, 175, ISO, 184, 213,
238, 251, 285, 303, 333, 366, 575, 586, 587, 688
. 613
20, 29, 104, 105, 365
. 475, 476, 515
. 489
. 579
475, 476
727
657
434
7
590
. 398
401
. 634
,635
Page
Suffleld (Connecticut), 21, 53, 68, 94, 113, 115, 370, 504
Bufllgan or Suffligean, Jacob 628
Suffolk, County of {see Eegimeiit), 7, 16, 20, 29, 44, 72,
104, 148, 170, 180, 212, 238, 268, 284, 332, 348,
365, 392, 424, 425, 458, 468, 608, 509, 591, 600,
613, 614, 626, 634, 668, 683, 690, 691, 711, 713,
720, 722
Suger, Gregory, 656
Summer Street (Boston),
Sumner, George,
Supply, The sloop, .
Surrey, County of (England),
Swan, The ship, .
Swan, The sloop,
Swanzey, 8, 21, 30, 45, 72, 104, 105, 149, 181, 212, 239, 285,
290, 333, 366, 638, 639
Swayne, Swain, Sweyne {see below).
Swayne or Sweyne, Jeremiah, 45, 333, 335, 336, 360, 366,
434, 445, 448, 454
Sweat {see Stvett) .
Sweeting, Henry,
Sweeting, John, .
Swett, Benjamin,
Swift, Jonathan,
Swift, Thomas, .
Symmes, William,
Symonds, Samuel,
Symonds, William, .
T.
Taber, Thomas, 543, 655
Tahanto or Tohanto, George, .... 353, 604
Taller, William, . . . . . • .430
Tailor, James {see Taylor).
Talbot, Charles {see Shrewsbury) .
Talbot, Jared „ . 731
Talbut {see Talbot).
Talmen, 435
Tannar, Arthur 427
Tasemin, 628
Tatamamuck or Tatamunnah (an Indian), . . 274
Taunton, 8, 21, 30, 45, 72, 104, 105, 149, 181, 212, 232, 239,
256, 267, 285, 289, 318, 319, 333, 355, 356, 366,
493, 625, 626, 654, 655, 662, 664, 665, 677, 706,
731
Taunton Great River, 232, 256, 289, 318, 355, 625, 654, 706,
731
Taunton River New Bridge, 232, 256, 289, 318, 319, 355,
706, 731
Tay, Isaiah 238,262,661
Tay, Jeremiah, 13, 375
Tayler, 745
Tayler, James, {see Taylor).
Taylor, Ed ward Ill
Taylor, James, 10, 20, 24, 37, 64, 56, 59, 61, 64, 65, 66, 76,
78, 80, 81, 82, 83, 90, 91, 97, 9S, 108, 109, 114,
131, 137, 138, 152, 157, 158, 190, 191, 192, 206,
207, 217, 218, 219, 227, 246, 255, 261, 293, 297,
315, 317, 318, 342, 344, 345, 350, 376, 383, 393,
394, 441, 447, 448, 466, 471, 483, 484, 491, 522,
543, 658, 695, 619, 620, 628, 632, 669, 688, 711,
714, 715,718, 725
Taylor, James, jun 724
Taylor, Jasper 73
Taylor, Jonathan 198, 598, 606
Taylor, Thomas, 48,69
Temple, Henry John {see Palmerstoti) .
Temple, Sir Thomas, 596
Index of Names.
777
Temple, Sir 'WiUiam,
349, 455, 456
29, 44, 62, 72, 454, 598
58
. 492,493
. 405
. 660
148, 365
7, 16, 44, 445
. 277, 672
Page
435
Tennic, John, 7, 20
Tctherly, William 430
Tewxbory, Thomas 7
Thacher, John, 6, 8, 21, 44, 71, 103, 142, 147, 1.'4, 179, 212,
237, 2S3, 332, 344, 348, 3S3, 384, 512, 548, 688
Thacher, Peter 258, 265, 272, 640
Thatcher (.se<? Thacher).
Thatcher, Joseph (.see Thacher, John).
Thaum, John 631
Thaxter, Samuel, 148
Thaxter, Thomas, 691
Thayer, Thare, Thayre {nee below).
Thayer, Ferdinando, .... 89, 483, 484
Thayer, Thoniaa, 484
Thomas, Nathaniel, 0, 19, 34, 44, 71, 103, 147, 1G2, 179, 212,
215, 237, 283, 300, 314, 332, 338, 344, 348, 360,
381, 391, 392, 434, 451, 496, 508, 512, 697, 720,
721, 733, 741, 742, 745
Thomas, Nathaniel, jun 16,64,213
Thompson, Robert, .
Thornton, Timothy, .
Thorp, James, .
Throop, William,
Throope (see Throop).
Thurrell, Thomas,
Thurston^ Edward, .
Thurston, John,
Tilestone, Timothy, .
Tilley, William,
Tillton (see Tilton).
Tilly (see Tilley).
Tilton, Abraham 634, 635
Ting (see Tyng).
Tisbury 199, 293, 511, 599, 600
Tituba (an Indian), 459,630
Tiverton, 104, 105, 160, 167, 198, 232, 247, 250, 256, 2o7, 271,
289, 318, 319, 322, 355, 626, 654, 658, 659, 668,
700, 706, 731
Tom (a negro) 631
Tomkins (see Tompkins) .
Tomlin, William 627
Tompkins, Nathaniel, 666
Tompson, Joseph, 7, 213, 239, 285
Tomson,John 6
Tomson, William 62, 454
Toogood, Nathaniel, 701
Toothaker, Roger, 630
Topsfleld, 6, 7, 20, 23, 25, 30, 35, 37, 45, 73, 104, 105, 149,
- • 180,187,196,202,213,239,247,284,310,320,
333, 340, 366
Torr-jntine, , 628
Torrey, Josiah 504
Torrey, Micajah ISO
Torrey, Samuel 67,258,265,272
Torrey, William, . 401, 402, 403, 421, 423, 430, 613
Torrey, William, jun 72
Torry (see Torrey).
Tortugas 469
Totman, Elias 638
Totmon (see Totman).
Tourtelot, Abraham 640
Toutan (Truteau), Gnillaumo, .... 744
Towne. Peter, 497
Town-house (Boston), 110,170
Townsend, Penn, 7, 16, 20, 29, 34, 36, 44, 48, 54, 57, 72,
76, 104, 121, 123, 129, 135, 148, 174, 179, 180,
203, 207, 212, 237, 283, 299, 307, 314, 331, 336,
Page
Townsend, I'enn — Concluded.
338, 339, 344, 360, 370, 383, 388, 391, 392,411,
426, 439, 440, 443, 444, 451, 468, 471, 488, 492,
494, 495, 499, 502, 506, 511, 512, 533, 541, 547,
561, 563, 569, 584, 592, 600. 609, 615, 020,620,
654, 672, 684, 687, 688, 694, 697, 698, 699, 703,
711,723,736,739, 741, 748
Townsend, Thomas 659
Townsin (see Townsend).
Trafton, Thomas, 186
Trask, William B., . . . ' . . . .505
Treat, Robert, . 418, 448, 462, 550, 552, 653, 654, 560, 671
Treet (see Treat).
Trenchard, Sir John 472
Trevct, Trevett, Trevit (see below).
Trevet, Richard, 284, 365, 706
Trinity Church (New York) 332
Tripp, Joseph 8
Trobridge (see Trowbridge).
Troop, Boston Life Guard 702, 713
Essex (under Col. Bartholomew Gedney), 548
Essex (under Capt. John Turner), . . 507
Lieut. John Hammond's (Guards), . . 440
Col. Nicholas Paige's 702
Col. John Pynchon's 395
Capt. Samuel White's, . . . . 447,448
Trott, Bernard 430
Trowbridge, James, 238,366
True, Henry 7, 73, 239
True Love, The sloop, 475
Truquetil, Fran(;oi.s 744
Truro (England) 436
Tryars Island (see Fryer's Island).
Tucker, Abraham 543
Tufts, Tufft, Tuffts, Tuft (.see below).
Tufts, Peter, jun., . . . 7,72,148,213,239,333
Tupper, Thomas 8, 16
Turell, Turcl, Turrill (.see below).
Turell, Daniel 386,430,508,509
Turell, Daniel, jun., 628
Turell, Samuel 172, 580
Turfrey, Edward 720, 740
Turfrey, George 8, 725
Turkey Hill (Newbury) 487
Turner, John, 333, 335, 336, 507
Turpin, WiUiam 724
Turramugwos (an Indian) 603
Turtiloe, Abraham, 577
Turtle Dove, The sloop 475
Tuthill, Zechariah 670, 691, 733
Two Brothers, The sloop, .... 475, 476
Two Brothers' Adventure, The sloop, . . . 476
Two Brothers' Point (see Andrew's Point).
Two Friends, The sloop 476
Tyng, Edward, 508, 597, 653
Tyng, Jonathan (see Company),'!, 152, 406, 430, 559, 689,
702
Tyng, AVilliam 702
XJ.
Umpanchala, Umpainchala, Umpanchelo (an In-
dian-), 524,525
Uncas, Benjamin, ....... 153
Upham, Phineas 285, 333
Usher, Hezekiah „ . 430
Usher, John, 255, 347, 361, 405, 406, 423, 430, 506, 508, 577,
688, 620, 645, 646, 647, 648, 649, 650, 651, 697,
719, 720
778
Index of N^ames.
-V.
Page
Tailee, Oade 62S
Vaillant, , 561,576,578
Van Cortland (see Vim Cortlandl).
Van Cortlandt, Stephen 382,481
Van Eps, John Baptist 382
Varnum, Samuel (see ffa»'Wson), . . . 33,446
Varry, Jonathan 475
Veasy {see Vesey).
Vernon, Anthony 631
Vernon, James, 264, 675, 676, 679, 680, 681, 682, 683, 686,
695
Vesey, "William . .332
Vesey, "William, jun 332
Vesey, "William, tertius, 332
Victor, 629
Vignan, Anthony de, 577, 578
Vignan, Maurice de, 577, 578
Villebon, Robineau, Chevalier de, 505, 531, 534, 595, 597
Villieu, Valew, Value, Villeau {see beloic).
Villieu, Sebastian, Sieur de {see Compamj) , 141, 546, 547,
561, 562, 576, 578, 585
Virginia, 432
Virneere, Anthony, 628
Virnell, Anthony 628
Vose, Edward 421
Vose, Thomas 7,180,212,238,284,332
"Wachusett Hill 353
"Wacombe, Robert, 634
"Wacum (we Wacombe).
"Wade, John, . • 249
"Wade, Jonathan 249, 746
"Wadq, Nathaniel, 7, 413
Wadsworth, Benjamin, 258, 265, 272, 332, 440, 444, G74
"Wadsworth, John, 6, 45
"Wadsworth, Joseph (see CoTO/Jany), . . . 440
"Wadsworth, Timothy, 3S6
Waff (see Waffe).
"Waffe, Thomas, 744
"Wagauhaes (Indians) 480
"Wahweencss {see Jfahweness) .
"Waigh (see M'aij).
"Wain w right, Francis 213, 239, 676
"Wainw right, John, 105,180,512
"Waite, John 85, 476, 477
"Waitc, Richard, 476
"Wakefield, "Wakefeild, M'akfield {s,'e below).
"U'akefield, Samuel 311, 700, 701
"Waldo, Cornelius, ' . 7, 21, 45
"Waldo, Samuel 596
"Waldron, Richard 745
Wales, Jonathan 629
"Wales, Nathaniel 104, 105
"Walgrave, Thomas 361
"Walker, Eleazar, 269
^Valker, John 748
"Walker, Peter 209
"Walker, Samuel, 44, 577
Walker, Thomas 414, 493
"Walley, John, 6, 10, 19, 26, 56, 59, 76, 80, 103, 114, 140,
141,147, 164, 175, 179,183,191,192,200,204,
212, 217, 218, 219, 222, 223, 226, 233, 238, 246,
256, 262, 284, 287, 293, 306, 314, 324, 332, 338,
339, 343, 344, 345, 347, 359, 360, 370, 381, 383,
384, 393, 410, 417, 448, 450, 470, 482, 492, 511,
Page
Walley, John — Concluded.
512, 541, 542, 545, 546, 547, 549, 568, 586, 591,
592, 595, 600, 601, 604, 611, 612, 613, 616, 619,
620, 641, 651, 653, 660, 602, 6C3, 664, 665, 666,
669, 674, 687, 688, 694, GOo, 697, 698, 699, 703,
708, 711, 714, 715, 720, 726, 736, 745, 748
Wallingford, Walinford, Wallenford, Wallinford,
Wolinford {see below).
Wallingford, Elizabeth (see Riley).
Wallingford, Nicholas 310, 700
Wallis, William 76, 4CJ, 476
Walter, Nehemiah 258, 265, 272
Walter and Thomas, The ship, . . . 13,375
Walton, Shadrach 454
Wamesit (Tcwksbury), 55
Wanalanset or Wonalanset (an Indian), . 152,659
Wanooson (an Indian) 603
Waquoit (Falmouth) 63
Ward, Edmund, 727
Ward, John 475
Ward, John (Newton), . 7, 21, 29, 44, 104, 180, 512, 628
Ware, John 29, 44, 633, 724, 725
Ware, Nathaniel 61, 453
Warner, Daniel, 490
Warren, Edward, 629
Warren, Henry, 630
Warren, James, . . . 149, 2S5, 333, 366, 566, 610
Warren, Nathaniel 239
Warren, William, 627, 628
Warrin, Daniel , . 285
Warrin, Daniel, jun., 340
Warwick (Rhode Island) 660,662
WaBahombomet or Wasombamit (an Indian), 603, 739
Washington, George, 580
Washington Street (Boston), 564
Wataanuck or Watanick (Dunstable), . . . 355
Watanumman (an Indian), . . . . , 604
Water Street (Boston) 564
Waterman, Joseph 105
"Waterstock (England), 436
Watertown, 7, 21, 29, 44, 55, 72, 88, 104, 148, 151, 180. 187,
213, 226, 233, 238, 249, 270, 285, 333, 340, 366,
497, 691
Walking, Mary 458, 632
Watson, John 356, 732
Watts, Samuel 627, 628
Waweeness {see Mahweness) .
Way, Aaron, . . 427
Way, Joseph . 727
Way, Richard 430
Way t (see Waite).
Webb, Richard, 527
Weelock {see Wheelock).
Weems, James 465
Weinpuck or Wenepuck (an Indian), 524, 525, 528, 529
Weld, Thomas, 503, 575, 576
Welles {see Wells).
Wells (see Garrisoti), 8, 30, 34, 45, 59, 129, 154, 185, 213,
222, 244, 252, 209, 304, 387, 394, 481, 521, 571,
593, 617, 618, 634, 642, 655, 656, 657, 680, 688,
693, 745
Wells, John, 630
Wells, Jonathan, . . . 8, 181, 389, 390, 396, 671
Wells, Noah 490
Wells, Philip, . . 6, 19, 620, 646, 647, 648, 649, 650
Wells, Robert 552
Wells, Thomas, . i . . . . . 193
Welstee'd, William 84, 474, 476
Index of Names.
779
8,
. 508
334, 385, 38e
. 725
31, 213, 222, 618
Paoe
■\Venham, 7, 45, 57, 72, 89, 104, 149, 180, 213, 239, 284, 326,
333, 365, 445, 482, 483, 624
Wensley, John, 430
WeuBted, Jonathiin 746
Wculworlli, John 321,708
W'cntworth, Samuel 188, 724
Wcrenohah (an Indian) 603
Wessclls (sec Wessel.'i).
Weasels, Dirk 380, 381, 479
West, John 475
West, John {DtjnUy Secretary of Kew England), 406,
423, 627, 647, 648, 649, 650
West, William 277, 672
Westfield, 8, 21, 30, ISl, 186,212,239,285,287,333,349,
366, 395, 439, 440, 606
West Hampshire County {aee Ifampshire County).
West Indies, 123, 384, 417, 418, 432, 473, 479, 481, 600
Westminster (England), 432
Wetherstield (Connecticut), 530
Wej-man {see Wymcin).
Weymouth, 7, 20, 29, 44, 67, 72, 81, 104, 105, 148, 180, 212,
23S, 2S4, 332, 365, 447, 448, 55S, 565
Weymouth, The brigantine 354, 730
AVharton, Richard, .
Wheeler, Sir Francis,
Wheclock, Eleazar, .
Wheelwright, John, .
Wheelwright, Samuel, 30, 44, 71, 103, 129, 147, 154, 179,
185, 212, 388, 394, 395, 512, 521, 563, 635
Wheler {see Wheeler) .
Whelwright {see Wheelwright),
Whipple, John 72
Whit {see White).
Whitaker, Abraham, 637, 638
Whitcomb, Whetcomb, Whetcombe {see below).
Whitcomb, James . 430, 475
White, Daniel 4S2
White, John (Boston), 212, 213, 215, 220, 230, 231, 239, 258,
261, 265, 272, 276, 278, 284, 285, 299, 324, 332,
333, 345, 360, 366, 615, 625, 698, 732
White, John (Hatfield), . . 285,300,327,490,698
White, John (Haverhill), 239, 333, 341, 345, 347, 356, 365
White, John (Taunton) 626
White, Joseph 4S4
White, Nathaniel, ..... 109,489,490
White, Peter, 104, 105, 724
White, Samuel (see rroop), . , . 59,447,448
AVhite, Walter 4S4
White, Wifliam, 508, 509
Whitehall, 76, 432, 472, 513, 536, 552, 584, 646, 647, 674,
678, 679, 685, 719, 740
White Hills (New Hampshire) 186
Whitehorn, George 704
Whitehorne (-see Whitehorn).
Whiteing {see Whiting).
Whithrington {see Withington).
Whiting, John (Hartford), .... 244,725
Whiting, John (Lancaster), .... 574,575
Whitiug, Samuel, jun 519
Whiting, William {see Company), 244, 380, 389, 396, 552,
553, 554, 559, 571
Whitman, Zechariah Gardner, .... 5
Whitmore, Whitamoer, Whittemore (see below).
Whitmore, Francis, ... = ... 497
Whitmore, John, . 180
Whitmore, William H., 580
Whitney, Jonathan 44
Whitticer {see Whitaker).
Pagb
Whlttinghara, Richard 518, 580
Wicom, Daniel 213
Wigglcsworth, Michael 258, 205, 272
Wight, Jonatha 633
Wilbor, William, 333
Wilbore, John 666
Wilbore, Joseph 666
Wilcok, Wilcock, Wilcocks, Wilcoks, Wilcox,
Willcoks, Willkocks, Wulcox {see beloie).
Wilcok, Daniel, 8, 137, 138, 271, 319, 320, 322, 450, 544,
658, 659, 660, 661, 662, 663, 605, 666, 667, 668,
707
Wild, Sarah 631
Wilkins, John, . 110,351,491,492,493,494,495,726
Wilkins, Richard 431
Wilkinson, Elizabeth 614
Will (an Indian) 457
Willard, John, 582,630,653
Willard, Samuel, 47, 258, 265, 272, 312, 332, 362, 386, 391,
531, 534, 548, 645, 668, 672, 698, 703, 714
Willard, Simon, . . .53,125,419,420,437,517
WiUiam III., 0, 14, 31, 32, 34, 37, 51, 52, 60, 68, 76, 81, 82,
84, 87, 93, 97, 107, 108, 120, 121, 122, 123, 126,
127, 128, 129, 132, 135, 158, 166, 175, 188, 190,
193, 194, 195, 196, 215, 216, 245, 252, 253, 257,
260,263, 264, 265, 271,272,289,294,295,296,
304, 306, 307, 311, 313, 314, 321, 332,335, 336,
337, 340, 384, 386, 387, 390, 408, 431, 434, 435,
442, 472, 478, 493, 494, 495, 497, 509, 513, 514,
618, 555, 586, 589, 591, 592, 596, 597, 602, 603,
604, 615, 627, 635, 636, 638, 640, 642, 643, 651,
652, 655, 666, 667, 671, 675, 676, 678, 679, 6S2,
683, 690, 691, 694, 695, 696, 703, 704, 708, 709,
713, 719, 720, 722, 736, 737, 738
William, Castle (Fort on Castle Island) {see
Castle).
William, Fort {see Salem Fort).
William and Mary, The bark, .... 674
William and Mary, The ship, .... 476, 669
William Henry, Fort (" Willem Hendrick," New
York), 692
William Henry, Fort (Pemaquid), . . . 562,602
Williams, Abraham, . 21, 44, 72, 104, 184, 512, 588, 589
Williams, Benjamin 412
Williams, Henrj' 408
Williams, Isaac, . . 7, 72, 148, 213, 285, 477, 548
Williams, Jacob (see Williams, Isaac).
Williams, John, .... 390, 603, 530, 573
Williams, Margery, 249, 639
Williams, Nathaniel, 8
Williams, Robert 249, 639, 640
Williams, Stephen 573, 593
Williams, Thomas, 626, 731
Williams, William, 624, 628
Williams, Zebadiah, 167, 573
Williamson, William Durkee 596
Willis, Joseph 731
Willis, Robert 326
Willis, Thomas (see Compawy), . . 285,366,563
Willson, Joseph, ....... 44
Wilson, Francis, 628
Wilson, John (Billerica) {see Company), 26^, 322,349,
655, 656, 709
Wilson, John (Braintree) ISO
Wilson, John (Ipswich), . . . 311,628,700,701
Wilson, William, ..... 333, 337, 715
Wilton (England) 436
Wilts, County of, or Wiltshire (England), . . 436
780
Index op Names.
Windham (Connecticut), -
Windsor (Connecticut), .
Windsor Castle (England),
Wing, John,
Winge (sve Wing).
Winkley, Samuel, .
Winnegance,
Winnepesaukee Lake,
Winnisimmet (Chelsea), .
Winshij), Edward,
Winsley, Samuel, . .
Winslow, Edward, .
Winslow, Isaac, .
Page
. 724,725
115, 414, 504, 530, 725
716
164, 274, 412, 569, 570, 671
. 366
590, 624
186, 552
571, 572
. 424
. 398
. 670
105, 285, 333, 363
Winslow, Isaac (see Wnislow, Nathaniel).
Winslow, Job 6, 8
Winslow, John, . 458
Winslow, Nathaniel, 73,366
Winter, Timothy, 20, 29
Winter Harbor (Maine) 680
Winter Island (Salem) 672
Winthrop, Winthrope, Winlhropp (see below).
Winthrop, Adam * . 6, 733
Winthrop, FitzJohn 695
Winthrop, John, 695
Winthrop, Wait, 5, 19,25, 39, 43, 71, 87, 95, 103, 105, 136,
147, 172, 174, 179, 203, 212, 230, 237, 283, 289,
301, 304, 305, 306, 307, 308, 314, 324, 331, 359,
382,423,434,451,481,508, 512,548,565,583,
584, 591, 646, 676, 682, 687, 688, 690, 691, 694,
695, 696, 697, 703, 718, 720
Winthrop Papers 678
Wintworth (.<fe Wentworth).
Wiswall, Wisewall, Wiswell, Wizell {see below).
Wiswall, Ichabod, .... 49, 427, 428, 429
Wiswall, John, .... 117, 507, 508, 509, 510
Wisjvall, John, jun., 508, 509, 510
Wiswall, Noah {see Company) , .... 746
Witherly, Witherel, Witherell {see below).
Witherly, Tt-e 690
Withington, Henry 653
Wizell, Enoch, 20, 29, 148
Woburn, 7, 20, 21, 30, 44, 72, 104, 111, 148, 180, 181, 213,
239, 285, 333, 366, 497, 498, 499, 500, 522, 589,
591, 628, 638, 639, 655, 704, 732
Wolcot, Joseph, 395, 396
Wolcot or Wolcott, Josiah, . . . 213, 335, 365
Wood, George . 450
Wood, Richard 430
Wood Island (Maine), 680
Woodard, Peter 508, 509
Woodbery, Isaac, . . . . . . . 365
Page
7
. 406
318, 705, 706
202, 611, 701, 724
7
. 457
181, 212
. 405
453
35, 124, 365, 725
. 248
. 576
, 668
. 668
. 598
. 199, 218
247, 357, 637
. 401
736
Woodbery, Peter,
Woodbridge, John, . . .
Woodcock, Israel,
Woodcock, John, .
Woodcocke {see Woodcock) .
Woodis, Henry, ....
Woodman, John (in Boston jail),
Woodman, John (Little Ccmpton),
Woodman, Joshua, .
Woods, William,
Woodstock, ....
Woodward, Nathaniel,
Woodward, Peter,
Woodworth, Benjamin,
Wood worth, Isaac, .
Woolcot, John, ....
Woolson, Thomas,
Worcester,
Worcester, William, .
Word (see Ward).
Wormall, William, . . .
Worner {see Warner).
Wrentham, . 7, 20, 29, 44, 61, 243,
Wright, Abel, .
Wright, Adam, .
Wright, Benjamin,
Wright, Joseph,
Wyman, John, .
Wyman, Thomas Bellows
Wynter, John, .
Wynter, Mary {see Jilathwayt),
Y.
Yarmouth, 6, 8, 21, 30, 45, 73, 105, 112, 149, 181, 212,^239,
285, 333, 366, 486, 438, 502, 558* 565
York {see Garrison), 8, 30, 34, 45, 59, 79, 143, 180, 185, 186,
213,222, 239, 247, 284, 304, 333, 341, 342, 394,
401, 481, 504, 507, 542, 553, 557, 571, 572, 619,
636, 637, 680, 688, 693, 717, 725
York, County of, 8, 20, 21, 29, 30, 45, 59, 73, 79, 104, 112,
148, 160, 180, 213, 239, 270, 284, 291, 298, 333,
366, 434, 502, 521, 545, 563, 618, 619, 689
Yose, Edward {see Vose).
Young, Joseph, 689
Young, Thomas, ...... 475, 476
Youngs {see Yoxcng).
365, 453, 633, 724, 725
73
. 701
198, 598, 606
. 104
746
. 580
. 435.
z.
Zachary (an Indian),
Zachaiy, Daniel,
Zachary'o (see San/ord).
457
580
GENERAL INDEX.
[781]
INDEX.
A.
ACADIA. {See Addrmses, Fisheries, John ifcl-
son. Nova ScotUi, Tliomcis Temple.)
French claim, that the western boun-
dary of, extends to the Kennebec
River, . ' 194
Villebon in a letter October, 1698, to
Lieut.-Gov. Stoughton, threatens to
seize all English vessels trading or
fishing at 595
Bonaventure seizes vessels belonging to
Salem and Marblehead, . . . 595
ttie council, on a petition by inhabitants
of Salem and Marblehead, advise
that Villebon's letter and a narrative
of the seizures be sent by Mr. John
Nelson to the lords commissioners
for trade, together with a memorial,
etc., 595, 596
representation and address to the
king 194, 195
ACTION AT LAW. {See Case, Debt.)
Facts in, before a jury in New England
proved by depositions besides oral
testimony 686
impolicy of this practice as operat-
ing in appeals to the privy council
shown by Constantine Phipps, . 686
ACTS AND LAWS.
Printing and distribution of, ordered
July, 1692 12, 375
relating to constables, grand jurors
and tithiugraen, a committee ap-
pointed to collect, . . . 134, 540
Report of committee, . . . 556, 557
live hundred copies ordered to be
printed of acts for punishing crim-
inal offenders; suppressing unli-
censed houses; for the better obser-
vation of the Lord's day; for pre-
venting common nuisances; sup-
pressing drunkenness; duties of
grand jurors, ....
all the laws of the province ordered to be
reprinted except the laws referring
to the taxes and other laws expired,
repealed and annulled,
John Eyre, John Leverett, John White,
Elisha Cooke, Samuel Sewall and
Isaac Addington appointed a com-
mittee to superintend the work,
Completed edition known as the edition
of 1699
resolve for distribution of, not con-
curred in, 615
143
15
215
615
I ACTS AND LAWS — fo;ii!Mi?<ed.-
I warrant for paying Michael Perry and
I Benjamin Eliot, printers, . . . 615
Publication of, Samuel Gookin, sheriff,
allowed £3 for 277, 673
ACTS OF PARLIAMENT.
Acts for the encouragement of trade
and navigation to be put in execu-
tion by order of Lieut.-Gov. Stough-
ton, 1696 514
for preventing frauds and regulat-
ing abuses m the plantation trade,
published and to be published by
authoritj', 514
ADDINGTON, ISAAC. {See Secretary of the
Province.)
ADDRESSES. {See Acadia.)
To King William and Qcteen Mary:
By the governor and council, Feb. 16,
1692-3, praying that two frigates of
the royal navy be stationed here ; rep-
resenting the distress of the people
by reason of the expense of the con-
flicts with the French in Canada,
the menacing growth of the French
power in America, and the insup-
portable burden of the cost of build-
ing a fort at Pemaquid and maintain-
ing a garrison there; and praying
that the acts and laws passed by the
provincial legislature may be ap-
Ijroved and for their majesties' long
life and prosperous reign, . 387,388
By the council and representatives,
Nov. 16, 1693, of thanks for confirma-
tion of privileges in the charter;
for the appointment of Phips and
Stoughton, and for the defence fur-
nished by two ships of war ; and
praying for their majesties' preser-
vation and prosperity, . . .32
Opposition in the legislature to this
address 388, 389
By the general assembly, March i,
1693-4
No copy of it found, ....
praying to be relieved of the burden
of maintaining the forts at Pemaquid
and Port Royal
committee appointed to prepare ;
their report,
By the council and representatives,
Oct. 31, 1694, ..... 60
37
413
413
413
[7831
784
Index.
A.B'DRESS'ES — continued.
Xo copy of it found, .... 450
in substance, a prayer for the
restoration of the ancient
privileges of the colony, for pre-
vention of the designs of persons to
obtain charters interfering with the
liberties and properties of the inhab-
itants; for relief from the insupporta-
ble burden of maintaining a garrison
at Pemaquid; and a representation
of the necessity of reducing Canada,
and of the inability of the province
to undertake it by reason of the
losses con.=equent upon the failure of
former expeditions and the cost of
the pending war with the Indians, . 451
To King William:
By the general assembly, June 26, 1695, 81
No copy of it found, 471
praying to be relieved of the
support of the garrison at
Pemaquid, and for the settlement
of Port Royal and St. John, and to
be exempt from sending a quota of
men for the defence of New Yorli, . 81
congratulatory address on the lying's
escape from the assassination plot,
voted Sept. 17, 1696, . . . 120, 512
Directed to be transcribed and for-
warded Sept. 18, 1696, . . .120
Expressing astonishment and abhor-
rence at the late conspiracy for as-
sassinating the king, and joy at the
timely discovery and suppression of
the Slime, adoration of the Divine
wisdom which had seasonably pre-
vented the ruinous and mischievous
consequences of the intended mur-
der, praise to God for the blessing
bestov/ed by him, and supplication
for a succession of blessings under
King William, and concluding with
professions of zeal and affection for
his majesty's person and govern-
ment 120,121
humble representation and ad-
dress ou the state of the province
agreed to and ordered to be tran-
scribed and forwarded Sept. 24,
1696 122, 123
Representing the wasting effects of the
war with the French and Indians;
the loss of the frigate Newport ;
the surrender and demolition of the
fort at Pemaquid and reinforcement
of the enemy by remote tribes of
Indians; their receipt of large sup-
pUes of arms, ammunition, clothing
and other etorcs; the sending out
from France of larger ships of war;
the great advance of French inter-
ests in America, while the English
interests languish ; the danger of the
seizure of our naval supplies by the
enemy; the decay of the fisheries
and of trade ; the slight contributions
of assistance by the neighboring
provinces 122
A'DORESS'ES — conti7iued.
Praying for a union of the colonies in
prosecuting the war; that St. John
and Port Royal in Acadia may be
settled and fortified at the charge
of the home government, repre-
senting them to be of more advan-
tage than Pemaquid ; increase of the
naval force sent hither from Eng-
land ; for a frigate of the royal navy
to convoy vessels of the province to
and from the West Indies, for salt
for the fisheries; the regular pay-
ment and muster of seamen belong-
ing to the province and impressed
into the navy ; a stop to needless
impresses by the appointment of a
" clerk of the cheque " ; and finally a
recommendation that Canada be re-
duced, as the " unhappy fountain
from whence issue all our miseries," 123
Correspondence relating to the repre-
sentation and address, . 513, 514, 515
humble address representing the
need of ■warlike stores and
praying for a supply thereof, voted
to be transcribed and forwarded
Dec. 5, 1696 127
The need of warlike stores represented
in view of an expected attack by a
naval expedition from France and
the requests in the former address
repeated 127, 128, 129
The letter of Lieut. -Gov. Stoughton ac-
companying the address, . . . 521
congratulatory address on the occa-
sion of the treaty of Ryswickand for
appointing Bellomont as governor,
resolved to be transcribed, forwarded
and presented, June 15, 1698, . . 188
Letter of Secretary Addington to the
agents of the province in London,
on forwarding the address, . . 592
the address probably miscarried, . 188
humble representation and ad-
dress respecting the claims of the
French to the exclusive right of fish-
ery on the coast of Nova Scotia
and their extension of the bounds
of Acadia to the Kennebec River,
agreed to and ordered to be tran-
scribed,signed, and forwarded by the
Deptford, man-of-war, Nov. 19, 1698, 194
The address approves the represen-
tation to the lords of trade, by the
lieutenant-governor and council, on
the same matter, objecting to any
concessions to the French regarding
the fisheries, and praying that the
insolencies of the latter may be
checked 194, 195
Receipt signed by Benj. Bullivant ou
board the Deptford of the packet
containing the representation and
address, 595
address recognizing the duty and
allegiance of the general court to
his niMJesty; committee appointed
to prepare the draught of, June 3,
1699, 215, 615
Index.
785
ADDRESSES — continued.
The commiltce report; their draught
ordered to be engroBsed, signed and
forwarded to tlic agent, Sir H.
Ashurst, and ]) resented to the liing in
person through the lord high chan-
cellor with a letter of thanks to the
latter, June 15, 1G99 216
The address: expressing joy for the
peace, thanks for the Divine direc-
tion to the king to favor the province,
and acknowledging the honor con-
ferred in the appointment of Bello-
mont, and professing inviolable
loyalty, etc 216
letter from Secretary Addington to
Ashurst, June 22, transmitting the
address 616
address referring to the en-
croachments of the French,
and for the settlement of Harvard
College; the draught agreed to in
concurrence, June 14, 1700, . . 245
no copy of it found 245
Joint committee to prepare it appointed
June 4; clause about the settlement
of Harvard College inserted June 11 ;
finished June 13, .... 636
Resolve, July 12, 1700, for advancing and
paying £.500 out of the province
treasury for "managing" the ad-
dress, etc 260
Supposed by Quincy not to have been
concurred in 635
Receipt of, acknowledged by the lords
of trade, Oct. 30, 1700, who prom-
ise to lay it before the king, with a
representation, etc., .... 635
Draught of letters to the lords of trade
and others, soliciting their influence
in forwarding the jjurposes of the
address, .... 263, 264, 265
address and memorial refi-rring to
matters contained in the letter of
the lords of trade; order appointing
a committee to prepare address June
13, 1701, 289
Report of the committee June 25, pro-
posing a memorial 6S2
Resolves of the representatives April 18,
expressing thanks for the appoint-
ment of Bellomont and regret for
his death, and asking for the ap-
pointment of Stoughton as his suc-
cessor, nonconcurred in by the
council 676
Substitute passed by the council non-
concurred in by the house; failure
of a conference of the two branches, 676
Letters received from the king, enjoin-
ing upon the lieutenant-governor to
procure the passage of acts for the
preservation of trees for the royal
navy, .... 676, 677, 678, 679
The subject of the address resumed the
next session and the address pre-
pared as above, covering the topics
of the king's letter, . . . 676
memorial reported by the committee
agreed to June 27, professes igno-
ADDRESSES — rontinuf.d.
ranee as to the spoil of the woods
complained of in the king's letters;
affirming that no such report had
been received from Jahleel Hrenton,
appointed surveyor of woods, etc.,
in IG'JO ; reports that a small forti-
fication had been erected and gar-
risoned at Casco Bay the previous
summer; that the fort at Pemaquid
was of no advantage to the province
corresponding to the cost of build-
ing and maintaining it; that new
fortifications are being erected on
Castle Island, and that others should
be made at several other places in
Massachusetts, which it was hoped
might be an excuse for not assisting
in fortifying New Hampshire ; that a
quota of assistance in men or money
cannot be furnished New York with-
out hazard to Massachusetts; that
the losses of Massachusetts in the
recent war are such as would render
any aid to another province insuper-
ably difficult; that the sending of
witnesses to England with persons
charged as accessaries in piracy,
would prove ruinous both to thera
and to innocent persons who might
be charged with the crime ; and ask-
ing for supplies of materials of war,
and larger ships of war than have
been stationed in the jirovince; also
calling attention to the answer made
by Sir Henry Asliurst to the claim
of the earl of Limerick to a part of
the eastern territory of the province, 294,
295, 296
address, Cooke substituted for Win
throp on the committee to prepare;
draughts reported Aug. 5, . . 696
Adopted Aug. 7 and ordered to be en-
grossed and presented to the king,
expressing sorrow for the deaths
of Bellomont and Sloughton, and
trust in the king's grace; also ac-
knowledging the receiiJt of the
king's letters, and calling his at-
tention to the accompanying me-
morial, and praying for the supplies
and assistance therein mentioned,
concluding with a notification of
the appointment of Wait Win-
throp as agent of the province and
bespeaking for him liberty of ac-
cess to the king's presence and
favor 306, 307
The project of appointing Wait Win-
throp as agent abandoned, and the
sending of the memorial and ad-
dress deferred upon tidings of the
appointment of Joseph Dudley as
governor; deadlock between the
two branches Sept. 6, . . 695, 703
Resolve for forwarding to Constantino
Phipps, agent, etc., the address and
memorial, with what other applica-
tion the court see needful, Oct.
17 313, 703
786
Index.
ADDRESSES — continued.
address and memorial called for by
the repreeentatives, and the former
drawn anew; new draught of the
address agreed to Oct. IS, in which
the reasons for withholding the ad-
dress and memorial are stated, and
returning thanks for gunpowder re-
ceived from the king, and soliciting
a further supply of stores of war as
set forth in the memorial; also ask-
ing that the province charter may
not be affected by the pending bill
in parliament for vacating charter
governments, etc., . . 313,314,703
These and other papers forwarded to
Phipps Oct. 18; his acknowledg-
ment of the receipt thereof Dec.
11 703, 704
To QuEEK Anne :
By the general assembly: —
resolve appointing a committee
to prepare the draught of, condoling
her upon the death of King William
and congratulating her upon her
accession June 3, 1702, . . . 336
Report of the committee, . . . 715
Address passed to be engrossed June 6,
• 1702 337,338
address acknow^ledging' her maj-
esty's favor to the province,
etc.; committee appointed to pre-
pare the draught of, June 22, 1702, . 342
Report of the committee, . . 717, 718
passed to be engrossed June 24,
1T02, 343, 344
five of the council refuse to sign be-
cause of the expression therein of
gratitude for the appointment of
Jos. Dudley as governor, . . . 718
Gov. Dudley's speech in reference
to a fortification at or near Pema-
quid and the appointment of a
committee thereupon June 16-24,
1702 718
Report of the committee Oct. 21, 1702, . 739
controversy bet'ween the two
houses concerning, . . 740
peremptory instructions from
Whitehall received by the governor, 740
address in reference to the erec-
tion of a fort at Pemaquid,
committee appointed to prepare the
draught of, Nov. 18, 1702, . . .360
draught of address and memo-
rial reported by committee and
adopted by the representatives, but
not agreed to by the council, . . 741
Representatives request the governor to
inform the queen that "this court
are preparing an address and memo-
rials to lay before her majesty . . .
as soon as may be," .... 741
Upon the convening of the next assembly
the original report of the committee
upon the governor's address again
taken up, but without agreement;
project of memorial and address
abandoned 741
ADDRESSES —cora«?i!<«rf.
To Richard, Earl op Bellomont :
By the general assembly: —
address praying him to hasten
his coming to take charge of the
government of the province, draught
of, Nov. 22, 1698, and vote approv-
ing it 195, 196
Bellomont's reply Dec. 12, 1698, . . 596
address requesting him to use
his influence with the ministers
of state to promote the objects of the
address of the general court of June
14, 1700; advised by a joint commit-
tee June 15 in a report which was
accepted June 26, . . 642, 651, 652
Draught of, committee appointed to pre-
pare, 642
approved July 9, . . . . 252, 643
transcribed and signed July 12, . 253, 643
ADKINS, THOMAS, SENIOR.
Of Boston, £100 lent to him by the prov-
ince 232, 625
ADMIRAL. {See Admiralty, Vice- Admiral.)
ADMIRALTY,
Judge of, none appointed and commissioned
for the province September, 1696, . 514
the lieutenant-governor adjudi-
cates on fishing vessels brought in as
prizes by privateers, — the council
advising to this course, . . 514,515
Attorney-general Checkley complains of
having been unjustly deprived of the
business of conducting cases of prize
and forfeiture, 520
ADULTERY. {See 3/! ulsters.)
AGENTS OF THE COLONY, ETC.
Henry Ashurst, agent for the colony in
1660, 436
William Stoughton and Peter
Bulkley in 1676; allowance therefor
to Stoughton in 1694; his petition, 65, 456
During and after the government
of Sir Edmund Andros :
Increase Mather leaves Boston in dis-
guise; sails for England to avoid
arrest, and, remaining there, is ap-
pointed agent for the provisional
government in 1689, after the over-
throw of Andros, .... 427
Elisha Cooke appointed the same year,
tojoin with Sir Henry Ashurst and
Mather, if the latter be then resident
in England ; committee appointed to
prepare letters to the agents and to
the secretary of state; bills of ex-
change drawn for the agents, . . 427
Dr. Thomas Oakes joined in the
agency, and commission and instruc-
tions for the agents to be prepared
by a committee 427
Ichabod Wiswall, who had formerly
served as agent for the colony of
New Plymouth, invited to cooperate
with the agents appointed by Massa-
chusetts, .... 427, 428, 429
Messenger sent to, 428
He opposes union with Massachusetts
as a province 428
Index.
787
AGENTS OF THE COLONY, ETC.
— continued.
The town of I'lymouth votes for a now
colony charter, 428
proposition to unite the territory of
Plymouth Colony with the province
of New York ; frustrated by Mather, 428
Mather's Bervices acknowledged by
Plymouth 428
General court of Plymouth thanks
Ashurst, Mather and Wiswall for
their services 428, 429
votes £25 each to Mather and Wiswall,
and £50 to Ashurst, and requests
the latter to endeavor to secure for
Plymouth a separate charter, . 428, 429
allowance to agents by Massachu-
setts: £50 to Mather besides pre-
vious grant of £100, . . . 48,428
£60 to Wiswall; and allowances to
Cooke and Oakes, £100 each, and
also for money borrowed by them
on account of their pay, . . 49, 429
AGENTS OF THE PROVINCE. {.See
Addresses.)
Sir Henry Ashurst chosen, . . .436
allowance to him, 52
Letter from, to the general court, re-
specting his services in defeating the
scheme of Sir Matthew Dudley, and
the claims of ihe duke of Hamilton
and earl of Limerick, . . 684, 685
he urges that an agent for the province
be regularly appointed ; his letter to
Wait Winthrop 678
Constantino Phipps acting agent, . 436, 694
allowance to him, . 52, 3i3, 315, 437, 704
Writes to the governor and council that
he had been continued in the agency
since the death of Sir William
Phips; suggests that he be compen-
sated by further remittances; reports
the state of affaire at court; his letter
forwarded to Bellomont, . . . 686
Committee appointed July, 1701, to pre-
pare draughts of letters in reply to
Phipps and Sir Henry Ashurst, . 300
minutes of answer to him pre-
pared, 307, 308
copy of letter to, . . . . 696, 697
Order for approving and engrossing the
draught of a letter to, June 8, 1702, . 338
his acknowledgment of receipt of this
letter and of the address to the
queen, 715, 716
Sir William Ashurst chosen, . . .436
Jeremiah Dummer chosen, . . .436
Agent to be sent 'from New Eng-
land to cooperate with the agents
in London; vote of representatives
proposing, October, 1694, . . 450 451
the council nonconcur 451
resolve, 1701-2, declaring the
need of an agent to negotiate af-
fairs in England, .... 293
resolve that such an agent be sent, . 300
Peter Sergeant requested to assist
agents in London; his instructions
to be prepared by lieutenant-gov-
ernor and council, . . . .87
AGENTS OP THE PROVINCE— continued.
Wait Winthrop chosen agent, . . 301, 687
coiiimittee appointed to inform him, . 304
his answer and commission, . . 694
committee appointed to prepare
a draught of instructions for him, 305, 695
his opposition to Dudley; Dudley is
made governor, 694
conflict between the branches of the
assembly ends in indefinitely post-
poning his agency, .... 695
£500 allowed to him for the business
of the agency, and £500 for the same
purpose, to be drawn by the council
when there is need of it, . . . 308
the draught, how to be met, . . 697
ALBANY. {See Indians, New York, Treaties.)
ALDEN, JOHN. {See Treaties.)
ALLEN, BENJAMIN. {See Peter Ayer,
Taxes.)
Resolve for redeeming his land, sold on a
warrant from the province treasurer, 189
His payment to the province treasurer
to be paid to the purchasers of the
land and to be added to the tax of
Salisbury 189, 190
ALLEN, JOSEPH. {See Copperplates.)
ALLEN, WILLIAM. {See Fruneis Crump-
ton.)
AMERICA MERCHANT, THE SHIP.
{See Provincial Navy.)
AMESBURY. ( SeeFrontiers,Jolin Hoyt, Taxes.)
AMMUNITION. {See Warlike Stores.)
AMSDEN, JACOB. {See Excise.)
ANDOVER.
Indians attack, Feb. 22, 1697-8, . 590, 591
Declared a frontier town, . . . 185
ANDROS, SIR EDMUND. {See Daniel
Smith, John Usher, John Wood-
cock.)
Accounts of, as governor of the territory
and dominion of New England :
referred by privy council Oct. 12,
1691, to Sir Wm. Phips, and council
to cause payment to be made to
Andres in course out of the public
revenue, 619
Order of the privy council and a copy
of his accounts presented to Gov.
Phips and council July 15, 1692;
order thereon, 619
committee thereon and on the ac-
counts of John Usher appointed
Dec. 20, 1692; Wm. Stoughton, Wait
Winthrop, Samuel Shrimpton and
Peter Sergeant 619, 646
Committee's report Dec. 31, 1692, read
Jan. 30, 1692-3; read in council
March 22, 1693-4, and council agree
upon a statement of exceptions to
sundry items 646, 647
brought up again, on motion of Gyles
Dyer, April 4, 1694, . . . .647
letter from privy council read Dec.
5, 1694, signifying the king's pleasure
that the final examination of ac-
counts be forthwith proceeded with;
committee appointed to peruse these
and certain related accounts, includ-
ing Usher's 647
788
Index.
ANDROS, SIR KBM'DN-D — continued.
committee report on Andres's and
Usher's accounts separately, March
25, 1695, 647
Report read May 3, 1695, ijnd final
draught prepared, . . . 647, 648
returns ordered to be transcribed and
sent to privy council; Lieut. -Gov.
Stoughton writes to privy coun-
cil 648, 649, 650
duplicates sent Oct. 16 650
soldiers' and seamen's -wages
uuder Andros; committee, consist-
ing of James Taylor, Frauds Bur-
roughs and James Lloyd, to receive
claims for, and for billeting, hire of
vessels, provisions and other dis-
bursements, .... 619, 620
claims proved before commissioned
officers in towns, .... 620
Timothy Clarke appointed ou the com-
mittee in place of Lloyd, and Henry
Deriug added to the committee, . 620
Thomas Savage, Richard Sprague and
others, their petitions that provision
be made to pay them aud their
several companies referred to a
joint committee June 28, 1699, . 620
Resolve and order reported by the com-
mittee for a committee to be ap-
pointed to inspect, examine and
adjust accounts, etc., . . . .223
Peter Sergeant, John Walley, Francis
Burroughs, Jacob Green and Joseph
Parsons appointed July 19, 1699, to
be the committee, .... 620
resolve for reviving and continuing
this committee, 250, 288, 315, 342, 343,
641, 674, 717
all claimants to be notified to bring in
their claims, 251
resolve of July 10, 1700, authorizing
this committee to grant debentures, 256,
288, 297, 315, 342, 343, 651, 717
report of committee accepted and pay-
ment of otie-half that was found due
ordered July 12, 1700, . . 261, 652, 653
on claims presented since their report, 274
questions submitted by the com-
mittee for decision by the general
court, 671
resolve further instructing the com-
mittee March 14, 1700-1, . . .274
final report rendered in 1701, . 652, 653
sundry debentures paid, . . .675
Resolve for paying the remainder of the
debts, etc 207
order requesting the committee to con-
sider the following claims, which
were not seasonably presented, viz. :
claims of Capt. Thomas Fisbe for
Robert Macklafflin, late of Wenham
(erroneously chiimed in the name
of Robert Clafflin) ; Capt. Joseph
Boynton for Robert Willis; Su-
sauuah Straker for keeping two
Spanish Indians by order of Col.
Francis Nicholson ; Robert Lewis of
Freetown, a soldier; and Alexander
Bogle of Roxbury, . . . .326
ANDKOS, SIR EDMTJNB — cojiti/iued.
allo'wance of £5 to James Max-
well for attendance upon the com-
mittee, 276
allowance to the committee for
their services, . . . 250, 321, 708
ANNE, QUEEN. {See Addresses, William
III., Writs.)
Demise of the crown, tidings of, con-
firmed May 2S, 1702, . . . .713
Anne, princess of Denmark, or-
dered by the general court to be
proclaimed queen May 28, " in the
most suitable manner," . . 335, 713
proclamation issued by the council
May 29 713
Order of proceedings for the occasion
resolved upon; Sewall's account
of 713, 714
oaths of allegiance to her maj-
esty ordered to be taken by the
newly elected councillors, . . 713
royal style changed on all writs,
etc 335
APPEAL. {See Court of Appeals, etc.. Inferior
Court of Common Pleas, I'rivy
Council, Walter Shepard, Abraham
Williams.)
To the king in council, from the court of
appeals, grand assize aud general
gaol delivery, in the case of Cooke
et al. V. Paige et ux. in the time of
Andros; record of the case, . . 509
To the superior court of judicature,
court of assize and general gaol de-
livery; appeal from the judgment of
the inferior court of common pleas
of Dukes County denied by the
justices in the case of Oliver v.
Blaney, 1695 494
To the inferior court of common
pleas for Middlesex County; ap-
peal denied from a justice of the
peace In Gove v. Gibson, an action
of trespass where title to the land
was pleaded; hearing granted the
appellant by the general court,
1696, 111,497
irregular proceedings upon, com-
plained of in the case of Rich-
ardson V. Fowle, Middlesex, 1696, . Ill,
498, 499, 600
To the court of general sessions of
the peace; hearing on the right of,
from the judgment of two justices
in a case of libel, .... 575
ARMY. (See Service.)
ARNOLD, JOHN. (See Messenger, etc., Caleb
Ray, Witchcraft.)
Keeper of the prison in Boston, . 33, 390
discharged for illegally releasing pris-
oners charged with witchcraft, 390, 458
Had the custody for more than thirty-
two weeks of Joseph Dudley and
others arrested at the beginning of
the revolution of 1689, besides the
persons accused of witchcraft and
divers poor persons; prays to be re-
imbursed his expenses for keep-
ing 626, 627
Index.
789
ARNOLD, JO'HN — contivued.
his account and list of prisoners, 627-632
Resolve appointing committee to audit
his account and report iit m-xt ses-
sion 233
report of the committee, . . . 641
vote for allowing him £soin full, 251, 641
Caleb Ray appointed his siiecesBor, . . 390
Special messenger of the house of
representatives, 2:39
ARUNDEL., THE FRIGATE. (See Royal
X<tvil.)
ASHURST OR ASHHURST, HENRY.
Agent of the colony and province ;
a Puritan dissenter and alderman of
London, greatly interested in the
prosperity of New England; foun-
der of his family, .... 436
ASHURST OR ASHHURST, SIR
HENRY, BART. {SeeAgentsof
the Provhi ve , Naslioba, Nctval Stores.)
Agent of the province, son of the pre-
ceding; created a baronet; mem-
ber of parliament, .... 436
grant to, of £100 for his services, . 52
warrant for paying the grant, . . 436
one thousand pounds to be remitted
to, 56
grant of one thousand acres of
land to, 84, 109
resolve for granting to him £500,
besides the proceed.-) in his hands of
naval stores, towards his services
and expenses, 226
his death, 1692-3 436
ASHURST OR ASHHURST, SIR WIL-
LIAM, KNT.
Agent of the province ; lord mayor of
London; account of him, . . . 436
Jeremiah Dummer succeeds him
as agent; chosen on his recommen-
dation, 436
ASPINWALL, PETER. (See Indians, Oyer
and Terminer.)
Commands a company of rangers —
English and Indian — in 1696, . .559
unlawfully liberates two Indian pris-
oners charged with being accessary
to a murder, 526
apologizes for his conduct, is forgiven
and urged to remain in the ser-
vice, 559, 560
Commands a company of Indians in
1697 who serve as scouts along the
Merrimac River in aid of Major
March's expedition, . . . 559, 560
recovers plunder of the enemy, but
otherwise unsuccessful, . . . 560
correspondence with Gov. Treat con-
cerning, 560
Vote allowing £20 to him and Benjamin
Uncas and the party of Indians
under them, 153
ASSASSINATION PLOT. {See Association,
William III.)
ASSEMBLY. {See Councillors, Deputies, Great
and General Court, Legislative Lists,
Representatives.)
ASSESSORS AND ASSESSMENT. {See
Ta.i-cH.)
ASSIZE OF BREAD.
Loaf bread bakers of Boston apply to
the general court for relief against
the penalty incurred by them in
combining to sell white biscuit in
violation of the law; their petition, 567
Vote appointing a committee to hear
them, 162
ASSOCIATION, THE.
Formed aftiT the attempt to assaBsinate King
William ; first signed Sept. 18, 1696,
in accordance with the act of par-
Hament 7 and 8 Wm. III., ch. 27,
by the members of the general
court, 105
articles of, transmitted to the represent-
atives by the council ; signed by
each new legislature on the first day
of the session, . . . Vl\ and note
The signatures to the first articles in
full 512
ATHEISM. {See Ministers.)
ATTLEBOROUGH. {See Rehoboth, John
Woodcock.)
ATTORNEY-GENERAL. {See Admiraltij,
Represe ntali res . )
Anthony Checkley appointed by the
provisional government in 1689, and
again by SirWm. Phip8inl692, 392, 520
Petition of, in 1693, for an allowance for
his services, 392
governor and council allow him £60,
whereupon the representatives ob-
ject as a breach of privilege, . 393, 478
His second petition, 1695, . . . 478
allowed £20 thereupon, . . 85, 478
His third petition, 1696 520
allowed £50 thereupon, . . . 127
His fourth petition, March, 1699-1700, . 643
allowed £50 thereupon, . . . 253
His fifth petition, July, 1701; asserts
that his office had been confirmed
to him by Bellomont; proclamation
and approbation ; and complains that
he could never know what was his
duty and could never know what
was Ilia due, 709
allowed £30, 322
AUSTIN, MATTHEW.
Resolve allowing him for billeting sol-
diers in 1690 and 1691, . .186,592
AUSTIN. SAMUEL.
Of Charlestown, formerly of Wells;
vote for granting him £15 in consid-
eration of his services for the pub-
lic 244
his petition 634
list of unpaid soldiers' charges at
Wells reported by the cumraitlee
on militia and filed wiih the peti-
tion 634, 635
AYER, PETER. {See Taxes.)
Petition of, for relief for himself and
Benjamin Allen, late constable of
Salisbury, 522
committee appointed thereon, . . 129
790
Index.
B.
BACON, MICEAEL. (See Mllerica.)
BAKER, JOHN.
Of Swanzey; a native of Cambridge,
brought up in Woburn ; wounded at
the swamp fight at Narragansett, in
King Philip's war; vote for paying
him £10 and an annual pension of £4, 248
his two letters to Mayor Converse, and
the certificate of Dr. Pratt, . . 638
bis petition 638, 639
Converse's letters to Belloraont and
the speaker in his behalf, . . . 639
report of the committee on his petition, 639
paymt'nts made by the province treas-
urer, 639
BAKERS. (See AssUc of Bread.)
Of Boston, their petition, . . . 567
BALSTONE, JONATHAN, SENIOR. {See.
Navy.)
BANCROFT, THOMAS. (-See James Con-
verse.')
BANISTER, THOMAS. {See BiiUrica.)
BAPTISM.
Memorial of ministers to the general
court for an act to encourage mas-
ters to Christiauize their slaves by
declaring that baptism does not work
emancipation, 537
BAPTISTS, JEAN. (.See Caleb Ray.)
A prisoner of war, committed to prison
at Boston June 6, 1697, . . . 577
BARBADOES. {See Tonnage of Shipping.)
BARNES, JAMES.
Allowed lis. for his disbursements for
the house of representatives, . 278, 673
BATTERY, SOUTH. {See Forts, etc.)
BAY OP FUNDY.
the SorlingS, frigate, is repulsed there
in 1695, 507
naval expedition, consisting of the
Newport, frigate, the Sorlings, and
a yacht tender, sent thither June,
1696, to cruise, after the repulse of
the Sorlings 507, 514
capture of ttie Ne'Wport by the enemy, 513
She is used against the fort at Pemaquid
by her captors, 514
second expedition sent to the Bay of
Fundy September, 1696, consisting
of theship-of-war Arundel, the prov-
ince galley, several small vessels of
war, and transports conveying nearly
five hundred men under Lieut. -Col.
Ilathorne 514
failure of the expedition, . . . 521
BEAMONT, JOSIAH.
Bears despatches from Major Pynchon
at Springfield, giving tidings of the
attack by the French and Indians on
the Mohawks in February, 1692-3, . 378
BEAN, JOSEPH.
Interpreter for the Indians at Saco Fort,
wounded in the service, resolve for
allowing him £4 lOs. for completing
his cure, 350
his petition 725
BEAR, THE SHIP. {See Masts and 3fast-
S/iips, Powder-Money, Tonnage of
Shipping.)
BEERS, RICHARD.
Three hundred acres of land, adjoining
Marlborough, granted to his heirs in
satisfaction of a grant to him in 1682, 165
BELCHER, ANDREW. {See Impost, Prison-
ers of War.)
BELCHER, JOSEPH. {See Election Sermons.)
BELDING, DANIEL. {See Zebadiah Wil-
liams.)
His family attacked by Indians at Deer-
field September, 1696, . . .573
BELLOMONT, RICHARD (COOTE),
EARL OP. {See Addresses, Gov-
ernor, Harvard College, Indians,
Treaties.)
Governor, rumors of his appointment as early
as August, 1695 211, 582
expected early in 1697 ; vote to pro-
vide for his reception and accommo-
dation 158, 565
Committee to arrange for his reception,
etc., appointed June 25, 1697, . . 565
he sails from Cowes Nov. 8, 1697, . 583
Despatches arrive by Capt. Gillam, Dec.
9, 1697, of his sailing, . . .582
letters for him despatched to New
York by Lieut. -Gov. Stoughton and
Secretary Addington, Dec. 13, . . 582
representatives propose a joint
committee, Dec. 16, to wait upon
him 583
Committee appointed Dec. 17 ; names of
the committee, ..... 174
address to the governor adopted
Dec. 20 175
His arrival delayed by adverse winds; is
forced to Barbadoes 583
fast proclaimed on account of the
delay, 583
arrives off Sandy Hook April l, 1698 ;
news brought to Boston, . . . 583
Stoughloii notifies the lords of trade of
his arrival, 584
his first letters to Stoughton and
the council, 583
Benj. Jackson, in a letter announcing
his arrival, suggests the appoint-
ment of a committee to wait upon
him and congratulate him, . . 583
Preparations made before the receipt of
Jackson's letter for sending the com-
mittee chosen Dec. 17, . . . 583
Order in council providing money for
the commissioners 584
commissioners set out for New
York April 19, 1698; their escort, 584
Rev. John R gers their chaplain, . 203, 611
They take with them, besides their cre-
dentials, the address, instructions
and a letter from the secretary of the
province, 584, 586
Bellomont's reply to the secretary's
letter 584
Index.
791
BELLOMONT, RICHARD (COOTB),
EARL OF —conli/iitcU.
The commissioners return May 26, . 685
expense of the commission, . . . 580
Resolve for paying the comraissioners
for their service, . . . 307,696
letter agreed upon by the council and
repreHeutalivfs in reply to several
letters from Bellomont, . . . 189
no copy preserved 593
conference with the Five Nations
in 11)08, 604
Governor is detained in New Yorl^ by
press of duties; impatience at Bos-
ton on account of his delay, . . 596
address to, Nov. 22, 1698, by the
general court, urging him to assume
his post of governor of the province, 195
Ilis reply, 596
arrives at Boston May 26, 1699; his
commisBion read; he is sworn and
subscribes the association, . . 211
Resolve that the charge for his house
rent, etc., be defrayed by the prov-
ince, March 23, 1699-1700, . . .230
Committee appointed May 20, 1700, to
treat with Peter Sergeant for the
hire of his house for the governor;
their report, 653
Committee appointed July 13, 1700, to
agree upon the rent to be paid for
house and accommodations, . 262, 653
Peter Sergeant's house hired for him at
£100 per annum; warrant for pay-
ment 653
Same committee impowered to agree for
reserving house and -accommoda-
tions for the governor during his
contemplated absence, . . 262, 653
Committee continued and further time
allowed for their report, . . 278, 673
leaves Boston for New York July
17, 1700 237
his death, at New York, March 5, 1700-1, 237
Tidings of his death brought to Boston
March 15, . . . , . .673
Day of public prayer and fasting ap-
pointed, 279, 673
his burial, account of, brought to Boston
by post, April 7, 1701; guns fired at
the Sconce 673
Lieut. -Gov. Stoughton writes to Ash-
urst April 10, informing him of the
proceedings in this province in
honor of the deceased, . . 673, 674
BEMENT, JOHN.
A wounded soldier, allowance to, . . 75
his petition 465
BENJAMIN, JOSEPH.
A soldier wounded in the service at
Pemaquid, allowance to, . . . 229
his petition, and report of a committee
thereon 624
BENT, HOPESTILL. (See Xatic/c.)
BERWICK. (See KiUery.)
New^ichaw^annock (the Indian name
of) allowed £10 from the province
treasury towards the support of a
minister 88, 481
Petition therefor 481
BERWICK — continued.
parish of, £30 allowed towards maintain-
ing a minister at the garrison there
in 1697 and 1698 160, 566
Petition by selectmen and committee,
1697, representing the dependence of
the parish on its mills, which had
been burnt by the Indians; its ex-
posure to attack ; the losses of popu-
lation in the war, and the distress of
the survivors ; praying for assistance
in the support of the ministry ; James
Emery chosen to prenent, . . . 566
Petition by selectmen and committee,
1698, representing the continuance
of their distress, 610
Order for allowing the parish £15
towards the maintenance of their
minister, 1698, 1699 202
Petition March 20, 1699-1700, praying to
be set off from Kiltery as a distinct
township, postponed, . . . 229
action on petition further postponed
and Kittery to be notified, . 243, 269
allowance to, of £10, August, 1701,
towards the support of the ministry, 304
petition therefor of the representatives
of Kittery and York, . . . .693
BILLERICA. (See Coticord, Frontiers, Indians.)
Indians attack, August, 1695 ; l^ill
two men, and kill or carry off nine
or ten women and children, . . 479
Maj. Samuel Gookin's farm at;
resolve on the petition of Michael
Bacon and John Wilson for notify-
ing Thomas Banister to appear be-
fore the general court to prove that
he is the agent or heir of Maj. Robert
Thompson, the present owner of the
farm 349
BILLETING OF SOLDIERS. (See Sir
Edmund Andres, Matthew Austin,
Matthew Bonier, Arthur Bragdon,
Jeremiah Moiilton, Henry Milbury,
James Plaisted, Abraham Prehle,
Nathaniel Saltonstall, Thomas
Trafton, John Wing.)
BILLING, JOHN. (See Indians.)
BILLS OF PUBLIC CREDIT.
Issue of 1690 (colony bills), committee to
burn, appointed, .... 375
reappointed 10
committee appointed to inquire
how the bills were disposed of and
to complete the examination of the
treasurer's accounts, . . . . 36 '
report of this committee, . . . 411
unendorsed, received by the province
treasurer; heis allowed to pay them, 65,
84, 99, 142, 188,206, 227, 280, 548, 593, 674
To Nehemiah Jewett, . . . 341, 716
Order allowing the province treasurer to
receive of Benjamin Fitch and
Henry Hill, constables of Boston,
three indented bills of the colony, . 303
resolve for emitting £3,000 in,
of which £2,000 to be used for the
fortifications, etc., at Castle Island
and the remainder to be used towards
payment of the province debts, 323, 710
792
Index.
BILLS OP PUBLIC CRBDIT — continued.
Province bills, first emission ; the
making and emitting first propoeed
in a resolve finally digested into the
actof Nov. 21, 1702, . . .742,743
committee appointed to print and
sign the bills 362
Sworn Nov. 26, 1702, . . . .743
Six copperplates used, three of them
engraved by John Conny ; rolling
press made by John Brewer; four
reams of large paper furnished by
Samuel Phillips; 3,200 impressions
printed by Joseph Allen, . . . 747
£10,000 in, printed; £5,000 signed
and delivered to the treasurer,
£5,000 unsigned i'l the hands of the
committee, 747
Account of the committee, . . . 747
Committee ordered to sign and deliver to
the treasurer the £5,000 of bills re-
maining in their hands March 27,1703, 371
Resolve thanliing the committee for their
services and for allowing them £95
13s. Qd. for their expenses, . . 371
order in council for paying the allow-
ance, 747
BISCUIT. ( See Assize of Brmd.)
BLANEY, ANTHONY. {See Inferior Court
of Common Pleas.)
BLASPHEMY. {See Ministers.)
BLATHWAYT, WILLIAM.
Auditor-general of England ; allow-
ance to, for passing the accounts of
the province, 52
warrant for paying this allowance, . 435
biographical sketch of, . . . . 435
BLOOD'S FARMS. {See Concord.)
BOGLE, ALEXANDER. {See Sir Edmund
Andros.)
Resolve for allowing and paying to him
£1 14s. for his services in building a
fortification at Worcester in the
time of Sir Edmund Andros, . 357, 732
BOMAZEEN. {See Caleb Ray, Indians.)
An Indian prisoner held as a hostage
at Boston 487
surprised and captured, with others,
at Pemaquid, 546
committed to prison Nov. 28, 1693, . 457
BOMER, MATTHEW.
Late constable of Freetown, allowed
discount on a lost order for billeting
soldiers in 1692, .... 144, 557
BOND, WILLIAM. {See Representatives.)
BOND OF CONSTABLE.
Given by John Iloyt, constable of
Andover, as collector of taxes, 130, 522
BOONE, NICHOLAS. {See Election Ser-
mons.)
BOSTON. {See Bakers, Enemy, Fire, Forts, etc..
Gunpowder, Richard Ilunnewell,
Muddy River, Outwharves, Powder-
House, Prison.)
Town-house in, allowance for one-half the
cost of paving around it, in 1696, . 110
William Mauley's account of pav-
ing 490, 491
certificates of Ephraim Savage, town
clerk 491
728
353
BOSTON — continued.
representatives' chamber in, vote
for altering and fitting up; to be
done under the direction of the
justices of Suffolk, the representa-
tives and the selectmen of Boston, . 170
one-half the charge to be paid by the
province, aud one-fourth, each, by
the county of Suffolk and the town
of Boston 170, 580
Wooden building' in, erected by Richard
Huunewell, without license, per-
mitted to stand, 268
BOS WORTH, EDWARD. {See Taxes.)
BOUCHER, LOUIS.
Of Boston, his petition alleging that his
books of account were destroyed by
fire and praying for the appointment
of commissioners to examine, on
oath, persons who have dealt with
him, and who refused to account, .
Resolve appointing three commission-
ers,
BOUNDARY. {See Province Boundary.)
BOUNTY. {See Indiajis, Service, Wolves.)
BOURNE, SHEARJASHUB. {See Sa7id-
2vic/i, Waquoit.)
BOXFORD. {See Topsfield.)
order, Dec. 7, 1698, referring to next
session ; petition of the selectmen
praying that the farms of Endicott
and Gould may be assessed in Box-
ford for ministerial rates; Topsfield
to be notified, ....
Vote appointing a committee on this
petition to view and report,
Order appointing a hearing on the report
of the committee.
Resolve for settling the bounds.
Order, June 10, 1702, referring to the
next session the petition of Topsfield
with reference to the farms prayed
for by Boxford, aud directing that
the towns be notified by their repre-
sentatives, 340
BOYNTON, JOSEPH. {See Sir Edmund
Andros.)
BRADFORD.
Order for postponing the hearing on the
petition of the selectmen of, respect-
ing the bounds between Bradford
and Rowley
Resolve and order for settling the boun-
dary
BRADISH, JOSEPH.- {See Caleb Ray.)
A prisoner, with Tee Witherell, or
Witherly, charged with piracy ; his
escape and recapture, . . 690, 691
3RADSTREET, SIMON. {See Councillors.)
The last governor of the colony; his
death and burial at Salem, Sewall's
account of; his tomb, newly built,
afterwards sold by the selectmen of
Salem, 548 and note
vote granting <£100 towards the ex-
pense of his interment, . . . 141
resolve granting one thousand
acres of land to his heirs in full
requital of the arrears due to him
for his services as goveriior, . . 361
202
247
310
320
288
319
Index.
795
BRAGDON, ARTHUR.
Allowance to, for billetfng soldiers in
1690 and 1691 186
BRATTLE, EDWARD.
Allowed £4 as one of the committee that
attended Gov. Dudley on his voyage
to lY'inaqiiid in 1702, . . .356
BRATTLE, THOMAS. (^See Castle Island.)
BREAD. (.SV-' Axftixr of Bread.)
BRENTON, EBENEZER.
Resolve allowing him £4 7.9. for select-
ing land for an Indian settlement,
and for obtaining deeds thereof
from Thomas Hinckley and Daniel
Wilcok 321
BRENTON", JAHLEEL. {See Surveyor of
II'of;</.«.)
appointed surveyor of ■woods by
King William in 1690, , . .204
BREWER, JOHN. {See Copperplates.)
BRIDGER, JOHN. {See Surveyor of Woods.)
Purveyor of naval stores ; to inquire
concerning the production of naval
stores and to survey the woods for
trees fit for masts and timber for the
navy; fiinctiouB of tlie office soot
neglected except the survey of trees
for masts, 587
Benjamin Furzer is joined in the
commission, to which Benjamin
Jackson and William Partridge are
appointed on the nomination of Sir
Henry Ashurst; Bridger and Furzer
sail for America in the Deptford
with Bellomont; are left by the lat-
ter sick at Barbadoes, where Furzer
dies from the effects of dissipation;
Bellomont's low opinion of the two
men, 5S8
Bridger appears in Boston bring-
ing letters from Bellomont, . . 588
Order appointing a joint committee to
confer with him, .... 183
committee report on his proposal, . 594
Resolve recommending that a guard be
appointed for him and his asso-
ciates, 190, 594
the province galley put at his service, 594
BRIDGES. {See Cambridge, Ferries, etc.)
Floating-bridge over the Merrimac
built by George Carr in 1655, . 398, 401
Great bridge over the Charles River
at Cambridge :
building of, proposed in Cambridge
. town meeting Dec. 8, 1656, . 420, 421
progress of the work until 1662 ; inhab-
itants of Cambridge apply to the
general court in 1670 for aid in re-
pairing it ; vote establishing tolls on,
for defraying coct of repairs, . . 421
Town appoints a committee in 1672 to
inspect it and report the cost of re-
pairs 421, 422
Inhabitants south of the river (Newton)
apply to the general court to be set
off from Cambridge; letter to, from
the selectmen Dec. 14, 1677, calling
upon them to furnish timber to be
used in building the bridge agree-
ably to a vote of the town in 1672,
BRIDGE S — con <(■» (iff/.
their rates to bo reduced by two-
thirds the value thereol ; size of the
timber required; request not com-
plied with; May 10, 1678, fifty-two
InhabilantH of the south side again
apply to the legislature to be set
off; notice ordered on this petition
returnable at the October session, at
which the selectmen appear and file
a remonstrance; the petitioners fail, 422
inhabitants of Cambridge, by their
selectmen, again apply to the legis-
lature for aid in the work of repair-
ing tiie bridge; £10 granted them on
condition the bridge be kept in good
repair; January, 16S7, the council of
Andros apportions the expense of
maintaining the bridge between
Cambridge, the village on the south
side of the river and the county of
Middlesex, .... . 423
the apportionment of expense of
maintaining revised by the
provincial act of 1693-4, by which
Newton was held to all existing
engagements as to repairs, but the
responsibility of rebuilding and
maintaining the bridge for twenty
years was placed on Cambridge, in
consideration of which the province
granted the town £150, . . .424
The petition upon which the act was
based; report of a joint committee
thereon; other abortive proposi-
tions; abortive bill, . . . 424,425
equivocal language of the act; the in-
habitants of the part of Cambridge
called Newton claim exception from
liability fo contribute to the expense
of building or repairing, . . . 425
the selectmen of Cambridge, in be-
half of the inhabitants, apply to the
legislature June 2, 1694, praying that
the inhabitants of Newton may be
ordered to appear before the legis-
lature " to give the reason of their
denial," and abide by the further
orderof the court; theirpetition, 424,425
Vote appointing a committee to hear the
parties and report, . . .47, 48
The selectmen of Newton appear be-
fore a committee of the legislature;
their answer; report of the com-
mittee that Newton may be obliged
to contribute agreed to by the council, 426
the selectmen, of Ne'wton present
another petition June 13, 1694; the
report of the committee considered
by the House on the 14th and vote
passed that they " do not find New-
ton obliged to pay to repairing the
bridge," etc., the general court hav-
ing granted them to be a township, 427
petition of selectmen of Cam-
bridge Oct. 18, 1694, praying that
the £150 granted by the general
court may be paid to the town, . 467
Remonstrance of Cambridge June 18,
1695 468
794
Index.
BKl'DG'ES — co7iHnued .
Hearing of the case ordered June 20; re-
turnable at the next sitting of the
assembly 79
Reruoustrances of the inhabitants of
Newton, 1694 and 1695, . . .468
Reportofcommitteeof legislature recom-
mending that briefs be issued for
contributions throughout the prov-
ince in aid of the work, . . 467, 468
Vote of the house approving the report
June 16, 1696 468
deadlock between the branches con-
tinues until July 19, 1699, . . .427
act of 1699, chapter 11, apportions
the burden of repairing the bridge;
two-thirds to be paid by Cambridge
and one-third by Newton, . . 635
intiabitants of Newton pray to be
set off from Cambridge and
to be exempted from contributing to-
wards the maintenance of the bridge ;
resolve for granting- a hearing on
their petition March 22, 1699-1700, . 229
resolve, June 4, 1700, appointing a
hearing on this i^etition, and for
notifying the town of Cambridge, . 242
resolve, June 13, 1700, determining
that the expense of future repairs
shall be borne equally by the town
of Cambridge and the county of
Middlesex 245, 635
Bridges over Jones River and Eel
River, I'lymouth Colony ordi-
nance (Feb. 6, 1682-3) respecting the
building of the latter and the main-
tenance of both, 488
Plymouth ordinance revived and con-
firmed March 7, 1695-6, . . . 98
Jones-River bridge recently burned
down and Eel-River bridge falling
to decay, court of sessions to appoint
a person to join with selectmen of
Plymouth to superintend rebuilding
and repairs of 98
Bridge over the North River (between
Hanover and Pembroke), the towns
of Scituate, Marshfield and Duxbury
to maintain, 99
Bridge over Taunton Great River;
unsuccessful attempt in 1697 to pro-
cure assistance from the province
for building a bridge " with stone
arches ; " petition of James Leonard
and Thomas Williams, . . .626
inhabitants of Taunton apply by
their selectmen, March 13, 1699-1700,
for assistance in rebuilding a cart
bridge which they estimated would
be about one hundred and forty feet
long and the cost about £150; their
petition, 625, 626
Petition referred to a committee; com-
mittee's report, 626
vote appointing a committee to
inquire into and report upon the
expediency of maintaining the new
bridge and the proper apportion-
ment of the expense among the adja-
cent towns March 23, . . 232, 626
BB.l'DG'ES — continued.
Report of the committee that the bridge
is desirable, and that Taunton, Free-
town, Tiverton and Little Compton
will be especially benefited thereby;
committee to apportion the expense
of rebuilding 256, 257
Committee meet Aug. 6, 1700; hear
messengers from all the towns con-
cerned except Dartmouth, and agree
upon apportionment; their finding, 654
Dartmouth applies to the general
court to be exempted from contribut-
ing towards the building of the
bridge; the petition of Thomas
Taber, town clerk, . . . 654, 655
This petition considered "by the council
in a committee of the whole board;
vote that a hearing be liad thereon
at the next session; selectmen of
Taunton, Freetown and Little
Compton to be notified, . . 267, 655
Order of June 17, 1701, postponing the
hearing, with notice as before, • . 289
The petition, etc., heard by the general
court, sitting in convention Feb. 20,
1701-2, and on the 24lh a resolve and
order was passed for apportioning
the expense of the new bridge ac-
cording to the report of the original
committee, . . . 318, 319, 706
the bridge is built by Jared Talbot
of Taunton; finished, viewed and
approved by the selectmen of Taun-
ton; their petition to the general
court praying that effectual meas-
ures may be taken for collecting
the amounts apportioned on the
towns, . 731
order, Nov. 10, 1702, for effecting
the apportionment, requiring
the justices of Bristol County, in
quarter sessions, to issue orders to
the selectmen to assess, etc., . 355, 356
BRIEFS. (See Contrihutions.)
BRISTOL, TOWN OP. {See General Ses-
sions of the Peace, Taxes, John
M'ilkins.)
Stephen Burton, one of the selectmen,
becomes insane and loses a tax war-
rant, 414
Gateof the town closed and locked against
the justices of the superior court of
judicature, 1697, by John Wilkins;
he is indicted therefor, . . . 494
Petition of John Wilkins, October, 1702,
setting forth the purchase of Mount
Hope in 16S0, and that the condition
of the agreement among the pur-
chasers had not been complied with;
praying for the appoiutraent of a
committee to inquire into the cir-
cumstances, etc., and for a settle-
ment by the general court, . . 726
Resolve on this petition referring the
petitioner to his remedy in due
course of law, 351
BRISTOL COUNTY. (See General Sessions
of the Peace, Daniel Wilcok, John
Wilkins.)
Index.
795
BROOKPIELD. (See Fmntiers, In(Uans.)
Or Quaboag, settlennjiit of, CDimuittue ap-
poiuted to regulate, ... 9, 598
hostile Indians at, . . . 389,395,396
allowed £20 towards the support of a
miuister 197
petition of the inhabitants there-
for, 597, 598
allowance paid to John Pynchon and
Samuel Partridge of the committee
to rcijulate settlement, etc., . . 598
resolve, on the petition of the committee
and the inhabitants, for the mailing
a plat of the township and a de-
scription, etc., to be laid before the
legislature, 288
resolve for allowing £20 towards the
support of a chaplain to the garri-
son, . 346
allowance paid to Joseph Smith, min-
ioter 718
BROOKS, JONATHAN. {See Ifampshire
County.)
BKOWN, THOMAS.
Resolve granting him compensation for
the loss of a horse in 1697, while he
was in the public service, . . . 302
his petition, 6S9
proceedings thereon 690
BROWNE, THOMAS. {See Walter Shepard,
Ahrdhnia WilUamn.)
BUILDINGS, WOODEN. {See Boston.)
BUL.KLEY, PETER. {See Agents of the
Colony.)
BUMSTBAD, JEREMIAH.
A wounded soldiei', granted a pension of
£4 for life 224, .-JOl
his three petitions, . . . 621,687
regranted because of ambiguity in the
first grant 687 and note
BURROUGHS, FRANCIS.
Of the committee to receive claims of
wages, etc., duo in time of Sir
Edmund Andros, . . . .620
BYFIELD, NATHANIEL. {See Excise,
ElUha Ilulchinxon, John Phillips,
Jiepreseiitatives.)
A commissioner to Rhode Island and
Connecticut in 1G9G to solicit mili-
tary aid 548
allowance for his expenses on the
journey 155
his account, 564
allowance for his services on the com-
mission, 158, 565
One of- the commissioner? to visit the
forces of Maj. John March at the
eastward, 571
c.
CALEF, ROBERT. {See Witchcraft.)
GALLEY, JOHN.
of Marblehead, commands the shallop
Blessmg as a scout 574
Commands the barque William and
Mary of Marblehead, fitted out to
recover fishing sliallops lately sur-
prised by the enemy, . . 573, 574
he engages the enemy, .... 574
CAMBRIDGE. {See Bridges, mwton.)
CANADA.
Reduction of, urged by the general
court in their addresses to King
"William Oct. 31, 1694, and Septem-
ber, 1696 123, 451
CANAL. {See Cape-Cod Canal.)
CAPE-COD CANAL.
Stlip canal through Cape Cod proposed in
1676, ... ... 58
order of Oct. 30, 1697, appointing a
committee to report on the feasibility
of a ship canal from Barnstable Bay
to Monument Bay, . . . 170
committee appointed, to report at the
next session, 171
CAPE NEDDICK. {See Forts and Fortifica-
tions.)
CAPTIVES. {See Boniazeen, Indians, John
Kelson, Caleb Ray.)
Taken by the enemy:
Samuel Newell, a soldier, . . .79
Johu Darby or Darbyshire, . . 152, 559
Hannah Dustun, Mary Neff and Sam-
uel Leonard or Leonardson, . 153, 562
John Gillet 188
I'hineas Parker 225, 622
CAI'TlV"ES—co?itinued.
Stephen Holdea and his two sons, 225, 622
Samuel Gill, 248
from Haverhill, the following children :
Daniel Bradley, Jonathan Haines,
Joseph Haines, Abigail Kimball,
Abraham Whitaker, Philip Cod, . 638
Elizabeth Howe 280, 674
Sarah Nason 301,689
petition of Samuel Gill that measures
be taken for the speedy recovery of
captives in the hands of the Indians, 637
vote, June 20, 1700, authorizing the
governor and council to take meas-
ures accor.lingly 248
petition of Onesiphorus Marsh
and others, April 17, 1701, that the
above vote be put in execution as
speedily as possible, .... 637
CAREY, MATTHEW. {See Frontiers, In-
dians.)
CARR, GEORGE. {See Bridges, Ferries, etc.)
CARR'S ISLAND. {See Islands.)
CASE.
Action on the case the proper form of
action on a promise 499
CASTLE ISLAND. {See Bills of Public
Credit, Garrisons, Nathaniel
Holmes, Samuel Procter, Wolfgang
Williajn Pomer.)
The castle on. Captain John Fayerweather
in command of, until July 16, 1701,
410, 623, 653
Elisha Hutchinson succeeds Fayer-
weather and holds until superseded
by Povey, 653
796
Index.
CASTLE ISTjAND— continued.
Thomas Povey, lieutenant-governor,
holds commiBsion of captain of the
castle; takes office June 11, 1702,
331,359, 701, 702, 734
garrison ; captain and soldiers to be paid
by province treasurer on inspection
of vouchers 207
"Wages and duties of officers and sol-
diers defined; drill and discipline
regulated, 263, 653
Dispute between the council and repre-
sentatives as to the moauiog of the
grant of £liiO to the captain of the
castle; Povey being lieutenant-
governor and also captain of the
castle the council approve warrants
for paying hini in both capacities;
the representatives charge that this
proceeding is contrary to law, . 653, 654
Resolve for fixing the pay of the officers
of 357
Petition of soldiers of, for proper bed
ding, 727
order for furnishing the same, . .352
extraordinary repairs and altera-
tions contemplated in apprehension
of an invasion by the French; grant
and appropriation of £1,500 for the
expense (1700), 670
additional £1,500 allowed towards,
June 20, 1701, .... 290, 677
Elisha Hutchinson, Timothy Clarke
and Thomas Brattle appointed a
committee to manage the expendi-
ture, March 14, 1700-1, . 273, 274, 712
Resolve for continuing the committee
for one yeir 298
sundry payments to Brattle of the
committee in April and May, 1701, . 670
and in 1702 710
Col. Wolfgang- William Romer,
an engineer of the regular array, to
be applied to for his advice and di-
rections in reference to the works,
and to oversee the same jointly with
the committee, May 13, 1701, . . 670
Work continued ; lieutenant-governor's
speech to the assembly, 1701; indi-
cations of war in Europe; recom-
mends compliance with the king's let-
ter to put fortifications in order, 29S, 683
Council order workmen to be impressed, 683
Brattle and Clarke apply to the general
court Aug. 9, 1701, for an allowance
for their service; their petition, . 698
consideration of their petition post-
poned and they requested to con-
tinue the work and promised satis.
faction 309
RiJmer complains to the genenl court of
the conduct of Capt. Hutchinson, 698, 699
RiJmer, Brattle and Hutchinson heard ;
the council vote to visit the castle ;
Sewall's account of the visit Aug.
11, 1701, 699
Romer presents a memorial in Septem-
ber, and a committee of the council
is appointed to visit the castle on
the 26th 699
CASTLE ISL, AND — continued.
resolve allo'wring £30 each to
Brattle and Clarke for their
services, Oct. IS, 1701, . . 316, 705
resolve of the same date for pre-
senting a piece of plate to
Romer and another to his son,
and requesting Romer to continue to
direct the work until it is finished, 316, 705
speech of the council to the repre-
sentatives Feb. 18, 1701-2; proba-
bility of war between England and
France; recommeiiding the comple-
tion of the fortifications on Castle
Island, 710
Reinforcement of the garrison called for
by Capt. Hutchinson in a memorial
to the council; seven hundred men
required, 710, 711
approved of by the representatives,
who request that the captain and the
chapi'fin reside on the island, . . 323
resolve, Feb. 20, 1701-2, for emit-
ting £2,500 in bills of public
credit Oi the colonial issue for com-
pleting the fortifications with all
possible expedition, and for stores,
etc., the province treasurer to ex-
change £500 in money out of the
first he receives from the impost,
etc., for an equal amoimt in bills,
and that Col. Romer be sent for to
assist, 323
Council, March 9, 1701-2, order a letter to
be sent to Col. Romer at New York
desiring and expecting his speedy
return to assist in and direct the
completion of the fortifications; also
a letter to Lieut. -Gov. Nanfan,
desiring him to permit Roraer's re-
turn 710
Resolve of the council, March 28, 1702,
as to making up the garrison ; war-
rants drawn up for Impressing men
from the militia; to be trained in
heavy artillery practice, . . . 711
A suitable number of soldiers to remain
there constantly and to be trained
for the service; accommodations to
be prepared for suitable subsistence
and stores of war 711
June 8, 1702, the general court approve
. the draught of a letter to Lord Corn-
bury praying that Col. Romer may
be allowed to remain here and finish
his work, 3.39, 716
Capt. Hutchinson's memorial of things
wanted; the council sign an order
therefor, 71i
Resolve for procuring one hundred bar-
rels of gunpowder, .... 324
committee empowered to purchase it, 711
resolve for allowing £40 addi-
tional, each, to Brattle and Clarke for
their services to Feb. 27, 1701-2, . 325
Their accounts allowed 325
memorial of Col. Romer, June 6,
1702, asking for full control of
workmen selected from the garri-
son 721
Index.
797
CASTLE ISL.A'ND — continuefl.
Gov. J.)udloy issues a warrant to inipress
workmen and materials, July 4, 1702, 722
Brattle and Clarke apply for an allowance
for their services, Oct. 17, 1702; their
petition 732
memorial of Col. Romer, Oct. 21,
1702, complainiuK of the inter-
ference of Capt. Clarke of the com-
mittee; praying for the appoint-
ment of a committee to examine
Brattle's accounts, and asking to be
allowed to appear and testify before
the committee 722
Order appointing a hearing on this me-
morial, 349
joint certificate of Brattle and Clarke
explaining their conduct; Clarke's
answer to the rnemorial ; hearing had
before the whole court, Oct. 30, 1702, 723
resolve, Nov. 12, 1702, for al-
lowing Brattle and Clarke
£35 each in answer to their petition, 357
order in council for paying the allow-
ance, 733
Allowance of £500 additional March 13,
1701-2, towards the work on the
fortifications, etc 367, 743
previous grants 743
resolve. March 16, 1702-3, for
allowing £35 additional,
each, to Brattle and Cl.irke for
their services, they to direct ihe lay-
ing out of the money for providing
workmen and materials, and Col.
Romer to have the direction of the
work 368, 744
vote of the council for dismiss-
ing Capt. Clarke and for con-
tinuing Brattle in the service of
providing workmen and materials;
the house, although they see no just
cause for dismissing Clarke, order
th;it the works be carried on by
Romer and Brattle, rather than that
the work should cease, March 27,
1703, 372
CASTLES, INDIAN. {See Indians.)
CAYENQUIRAGOE. {See Gov. Fletcher, under
Indians.)
CHALKHILL, WILLIAM. {See Copper
Money.)
CHAMPANTE, JOHN.
£60 remitted to, for his services for the
province 315, 705
CHAPLAINS. {See Castle Island, Garrisons,
Great and General Court, John
Rogers, York.)
CHARDON, PETER.
Elder of the French Congregation in
Boston 250
CHARLESTOWN. {See Joseph Frost, Mtval
OJficer.)
CHARLEVOIX, PETER FRANCIS
XAVIER DE.
Conflicting dates by him and other
authors, of the attack on the Mo-
hawks, reconciled, • . .378,?ioie
CHARTER. {See Harvard College, Province
Charter.)
CHECKLEY, ANTHONY. {See Attorney-
General.)
CHELMSFORD. {See Concord, Frontiers.)
CHIGNECTO. {See Nova Scotia.)
CHILMARK. {See Martha's Vineyard, Taxes.)
Order authorizing constable of, to collect
a lax left uncollected by a former
constable, who is to deliver him a
list 118
Feeling of resentment against, at Tis-
bury on account of alleged inequal-
ity of valuatiou ; petition for regu-
lating the choice of assessors in, . 511
CHUBB, PASCO.
Commander of the fort at Pema-
quid; he surrenders it Aug. 5,
1696, to a large naval and land force
of French and Indians, provided
with artillery, under d'lberville and
Bonaventure, . . . 122, 513, 591
the fort receives reinforcements
and supplies before the attack;
has a garrison of more than eighty
men 294, 295, 513, 591
Injustice to him by historians who have
followed Mather in charging him
with cowardice ; Charlevoix ascribes
the surrender to the conduct of his
men, 591
he is arrested and long detained
in prison ; representatives vote
his detention a grievance, . . . 563
he is finally indicted and tried in
Suffolk County, for high
treason, before the superior court
of judicature, court of assize and
general gaol delivery, and acquitted;
form of the indictment, . . . 591
He is murdered by the Indians in their
attack on Andover Feb. 22, 1697-8, . 590
his " w^ant of conduct and reso-
lution" condemned by the gen-
eral court in their memorial to King
William in 1701 295
CHURCH, BENJAMIN. {See Bartholomeio
Gedney, John Ilathorne, Indians,
Service.)
Maj. Church leads a force of
volunteers from Connecticut,
Rhode Island and Massachusetts, in
1696, on an expedition to Maine;
sails from Boston Aug. 15, . . 507
Proceeds as far east as the Bay of Fundy
and River St. John 555
His commission and instructions, . 555, 556
superseded by Lieut. -Col. John Ha-
thorne, ...... 513
Representatives protest against the
province treasurer's payment to the
committee for war of money on ac-
count of this expedition upon the
sole authority of the council ; finally
vote to pay them 541
Vote, Dec. 18, 1696, confirming deben-
tures issued to his volunteers, . . 136
Order in council for final adjust-
ment of claims; treasurer's payment
thereof; Church's account of the
controversy, 542
Church's petition for compensation, 554, 555
798
Index.
CHURCH, BENJAMIN - continued.
order for paying him for his ser-
vices as commander of the expe-
dition, etc., and for returning to him
his bond given for plank, etc., . 142, 143
CHURCH, JETHRO, {See Qnnbiscom.)
CHURCH, RICHARD. {See Oyer and Ter-
miner.)
Murdered at Hadley by Indians, Oct. 5,
1696, 523
CHURCHES. {See Ministers.)
CLAFFLIN, ROBERT. {See 3Iacklafflin .)
CLARKE, TIMOTHY. {See Castle Jslaml.)
in charge of the fort in Boston
and the batteries at the foot of Fort
Hill ; his commission dated April 29,
1697; Capt. Timothy Front ordered
to turn over the fort to him May 3,
1697 607
Allowed, Dec. 1, 1698, £30 compensation
for his services as commander of the
fort until the prochim'ation of peace, 201
appointed on committee on
claims for wages, etc., in the
time of Andros, in place of James
Lloyd 620
Allowance to, of £20 compensation for
his services for the public during
the late war 276, 672
CLERKS OP THE HOUSE OP REPRE-
SENTATIVES. {See Represent-
atives.)
CLESSON, JOSEPH. {See Hampshire Coimty.)
CLOTH-WORKING. {See William Uabber-
Jield.)
COAST. {See Privateers, Provincial Namj.)
Increase of naval forces from England
asked for, to guard the coast, . . 123
COBOURNB. {See Land-Grants.)
COCK, ABRAHAM.
A wounded soldier, pension granted to, 126
his petition 519
COFFIN, JAMES.
£4 allowed to, as a member of the com-
mittee that attended Gov. Dudley
on his voyage to Pemaquid, . , . 356
COFFIN, TRISTRAM. {See Ferries, etc.)
COLECHESTER. {See Salisbury.)
COLEMAN, JOHN, {See Wolves.)
Selectraiin of Hatfield in 1694, . . 490
COLLINS, NATHANIEL.
A returned soldier, ■^ick and lame ; allow-
ance for his subsistence and sur-
geon's fees, 190, 594
his petition 593
COLONY. {See Agents of the Colony, Bills of
Public Credit, Arthur 3Iason, Mas-
aachusetts Bay, New Plymouth,
Province Treasurer.)
John Phillips, treasurer and re-
ceiver-general of the colony
of Massachusetts Bay, . . . 376
£500 allowed to him for his ser-
vices as 25,383,409
abortive bill, etc., to enable him to
complete his collections, . . . 409
required to make up his accounts
and lay them before the house, or a
committee; names of the commit-
tee 25,383
COLONY — continued.
His account rendered 409
to be lodged with the secretary, etc.;
committee appointed to complete
examination of 36
the account 412
report of the committee, . . . 411
Committee appointed to audit and rectify
his accounts, 54
report of committee; settlement, 158, 169
balance paid to Phillips, . . . 441
he transinits arrears of colony
rates to James Taylor, province
treasurer, 61
His bond to be delivered up to him, . 80
his petition therefor, . . . 470, 471
Money in the province treasury due to
him to remain until the adjustment
of his accounts, SO
arrears of taxes accounted for by
James Taylor, province treas-
urer 82
Petition for alloAvance to Richard
and James Russell, former
treasurers of Massachusetts Colony,
for reimbursement of expenses,
etc., 657, 658
Referred to the committee for granting
debentures, etc., 271
£125 allowed tc James for both, . 291, 6:s
COLTON, THOMAS. {See Indians.)
COMMISSARY. {See Charles Frost.)
allowance to Charles Frost as, . 112, 502
COMMISSIONER FOR STORES OF
WAR.
resolve and order for choosing, . . 272
Elisha Hutchinson chosen, . . . 669
ofBcers having charge of stores of war
to account to, ... . 272, 273
COMMISSIONERS FOR MANAGING
THE EXCISE. {SeeFxcise.)
COMMISSIONERS FOR WAR. {See De-
bentures.)
Majors Bartholomew Gedney, Elisha
Hutchinson and John Wal-
ley appointed December, 1693;
Gedney and Walley in 1694, . 470, 545
£50 each allowed to Gedney and
Walley, 80, 470
compensation of, fixed by gov-
ernor and council; objected
to by the representatives, . . 393, 470
fixed by the general court, . . . SO
Vote that they be appointed in the
several counties, and not to
reside in Boston, .... 393
To be the chief conamissioned oflB-
cers of companies in the several
towns, 470
scalps of Indians killed by volunteers
to be produced to, ... . 116
allowance to John Walley for ser-
vices as, . . . 140, 204, 546, 611
resolve allowing Walley's ac-
counts, 1695-9, and for repaying
him the excess of his expenses over
receipts, .... 218, 219, 616
functions cease with the conclusion of
the treaty with the eastern Indians,
Jan. 7, 1698-9 619
Index.
799
COMMISSIONERS OP IMPOST. {See
JnijKint, Toimfirje of' Sliijij>ing.)
COMMISSIONERS TO ALBANY. {See
IinUitns.)
COMMITTEE. {See Great and General Court.)
COMMITTEE FOR "WAR IN THE
COUNTY OP YORK.
Samuel Wheelwright, Joseph Hammond,
and the cnptains of the companies in
the garrisons in 1698, to constitute;
to have direction of the military
there, 185
COMMITTEE ON DEBENTURES. {See
Debentures, John Wing.)
John Walley and Bartholomew Gedney
appointed; Ephraim Savage substi-
tuted for Gedney 545
Allowance to John Walley and Ephraim
Savage for their services on, . 140, 546
Allowance to Savage, . 166, 204, 572, 611
COMMON PLEAS. {See Inferior Court of
Common Pleas.)
CONANT, JOSHUA.
Gunner at the fort at Winter Island
in Salem from 1692; his petition,
Oct. 17, 1694, refused by the house
thtn 672, 673
sent to the representatives Feb. 24,
1700-1, 672
£10 allowed to him March 15, 1700-1, . 277
CONCORD.
Committee appointed to run the line
between Concord, Chelmsfordj Bil-
lerica, Wamesit and Bloods'
Farms, . . . . . .55
notice to selectmen of said towns, . 63
Vote appointing a committee to view and
settle the bounds, .... 248
Resolve for settling the boundaries, Juno
27, 1701 297
CONNECTICUT. {See Peter Aspimcall, Con-
necticut Road, Enfield, Indians,
Province Boiinrlury, Prori?icial
Nai'y, Suffleld, Wil/iam Whiting.)
Militia of, under the command of the gov-
ernor of Massachusetts; requisition
by Gov. I'liips for a detachment to
defend Deerlield, and a quota of one
hundred wiiites and fifty Indians for
the eastern expedition, . . . 378
commissioners sent from Massa-
chusetts to demand quota, . . 378
command of, transferred in 1693 to
the governor of New York, . 417, 418
Government of, offers, March,
1692-3, men to garrison Deer-
field ; forty or lifty men to garrison
the upper towns and one hundred
and fifty more to stand ready to
march when needed, and to pay
their wages but not to subsist
them, 378,379
prefers to furnish money rather
than men for the eastern expedition;
sends messengers to Boston to com-
municate the offer, .... 379
Phips resents the offer as insufficient, . 380
To be applied to to join with Massachu-
setts in the treaty with the Five Na-
tions 53
CONNECTICUT — rontlnued.
correspondence with Phips rela-
five to the treaty; Secretary Allyn
reports Gov. Fletcher's demand for
one hundred men to attend him at
Albany, 438
Lieut.-Gov. Stoughton writes a let-
ter to, December, 1694, cjncerning
the defence of Deerfleld; informs
Pynchon ; January, 1694-5, Connecti-
cut offers the services of thirty-two
men for two months, .... 460
Stoughton again writes to, Jan. 12,
and to I'ynchon urging the longer
continuance of Connecticut men in
service ; Conuecticut makes no reply
until March 16 461
Letter to, from the governor and
assembly of Massachu-
setts, respecting the defence of
Deerfield, March, 1694-.5, . . .63
Sends a detachment under Lieut.
Hollister ; they are ordered
hom>> 461
Stoughton remonstrates by let-
ter ; AUyn replies May 15, 1695, . 462
further correspondence, . . 46.3, 464
Declaration and promise of the
commissior*ers of, in 1689,
to aid Massachusetts, . . . 464
Letter from Queen Mary to Gov.
Fletcher requiring contribution
of quotas from neighboring prov-
inces for the defence of New York,
Aug.21, 1694 ; three hundred and fifty
men called for from Massachusetts, 472
Application to Connecticut from
Massachusetts for assistance
in 1695 93, 486
comparative quiet of that year, • . 5o4
plan of the eastern campaign of
1696, 505, 506
representatives' advice to the coun-
cil to apply to Cannecticut and
Rhode Island for assistance, . . 506
duplicate of the letter of Dec. 12,
1695, asking assistance of Con-
necticut, sent June, 1096, . . . 113
Massachusetts declares, in the ad-
dress to the king in 1696, that Con-
necticut has contributed very little
to assist her against the enemy, . 122
Volunteers from, meet Maj. Converse at
Grotun in 1696, . . . • . . 522
Induced by the excitement among the
River Indians over the arrest and
trial of the murderers at Hatfield,
Connecticut sends thirty -eight men
and two officers to Deerfield, . . 530
Lieui. Stephen Hollister in command, 531
Vote for applying to Connecticut
and Rhode Island for men, money
and provisions for Maj. March's ex-
pedition in 1697, .... 142, 548
Elisha Hutchinson and Nathan-
iel Byfleld appointed commis-
sioners therefor, .... 548
Their commission and instructions;
money advanced, and horse pur-
chased for the journey, . . . 549
800
Index.
CONNECTICUT — continued.
Answer of Rhode Island, . . 549, 550
Memorial of commissioners to the gov-
ernor and general court of Connecti-
cut, 550
Connecticut appoints a committee to
treat with them ; Connecticut an-
swers by letter, 551
Commissioners return to Boston; the
council orders a letter to Connecti-
cut asliing for a company of fifty or
sixty men to defend the frontiers, . 551
The letter 551, 552
reports of French invasion con-
firmed; English expedition for the
recovery of Newfoundland under
Col. Gibson and Admiral Nevill, . 549
tidings transmitted to Connecti-
cut ; the latter votes to raise fifty
men under Capt. William Whiting;
letters of Gov. Treat, . . 552, 553
Whiting joins March's expedition, . . 571
encounter with the enemy at Damaris-
cotta; retire to York ; term of enlist-
ment expires; Stoughton asks for
prolongation of the term ; the re-
quest declined; the company is dis-
missed with a letter of thanks from
Stoughton to Treat; the company
arrives home Oct. 11, 1697; their
pay equalized ; correspondence be-
tween Stoughton and Treat and
secretaries Kimberly and Adding-
ton, . . . 551, 552, 553, 554, 571
CONNECTICUT ROAD. {See Samuel
Sewall.)
Highway between Worcester and Brook-
field dangerously out of repair; vote
for paying £5 out of the province
treasury for repairs, .... 247
petition therefor, 637
CONNY, JOHN.
Charge for engraving three copper,
plates of bills of credit, first emis-
sion of the province 747
CONSPIRACY. {See M'ilHam III.)
CONSTABLES. {See Acts and Laws, Bond,
Little Coinpton.)
Choice of, regulated in Puncateese,
Nunaquaket and Pocasset, . . 15
CONTAGIOUS DISEASES. {See Great
and General Court.)
Yellow fever brought to Boston with the
fleet under Sir Francis Wheeler;
Banitary precautious; fatality of,
32, 384, 386
CONTRIBUTIONS, GENERAL.
Recommended, and that briefs be issued
for the repairs of the great bridge
over Charles River 467, 468
for the support of the ministry in
frontier towns, ..... 567
CONVERSE, JAMES. {See Excise, Indi-
um!, John Phillips, liepresentatives.
Treaties.)
allo'wance to, for two voyages to Pema-
quid to treat with the Indians and
for a journey to Groton, he to pay
Capt. Thomas Bancroft's volunteers, 130
his petition, 522
CONVERSE, J AM'ES — continued.
For expenses incurred in the public
service, 184, 590
his petition, 589, 590
Of £4 as one of the committee that at-
tended Gov. Dudley on his voyage
to Pemaquid in 1702 356
COOK, WALTER.
His tax abated, ...... 89
his wife's petition in his behalf, . . 484
COOKE, AARON.
Commissioner with John Pynchon, Feb-
ruary, 1692-3, to make requisition
for militia on Connecticut, . . 378
COOKE, ELISHA. {See Acts and Laws, Agents
of the Colony, etc.. Appeal, Court of
Appeals, etc., Superior Court of
Judicature, etc.)
Vote for granting to him, John Wiswall
and John Floyd a review of actions
of ejectment brought against them
by Nicholas Paige and Ann, his
wife, for the farm that was Robert
Keayne's at Rumney Marsh, . . 117
his appeal to the king in council from
a judgment against him on appeal,
in 1686 509
Review in the inferior court of common
pleas for Suffolk; nonsuited; appli-
cation to the general court for relief; '
a new writ of review brought ; again
nonsuited; record of the judgment,
507, 509
Renewed application to the general
court for relief in 1701-2; petition
therefor; special act brought into
the council 609, 510
Sewall moves thr.t Paige be notified ;
incurs Cooke's enmity thereby, . 511
COOKERY, HENRY.
Impressed as pilot on the Newport gal-
ley; his loss thereby; sickness and
loss of the use of his limbs ; keeps a
public house in Charlestown ; prays
for remission of his excise dues, . 599
resolve abating the excise, and for
allowing the amount thereof to the
farmer, 198
COPPER MONEY.
Memorial of William Chalkhill, one of
the moiieyers of the queen's mint,
proposing to bring over £10,000 in
copper money at such prices and
values as shall be agreed upon,
March 17, 1701-2 745
Resolve appointing a committee to con-
sider his proposal 370
report of the committee accepted by
the representatives, and a committee
appointed to agree with Chalkhill;
the council non-concur, . . . 745
COPPERPLATES. {See Bills of Public Credit,
John Conny.)
Rolling-press for printing bills of credit
from, made by John Brewer; Joseph
Allen prints from, 1702, . . . 747
CORAM, THOMAS. {See Inferior Court of
Common Pleas.)
Order directing that the justices of the
inferior court of common pleas for
Index.
801
CORAM, THOMAS — continued.
Bristol County be notffiecl of the
petition of; tliey and Peter and
Eleazar Walker to answer thereto, . 269
CORLET, ELIJAH. {See Josiah Flynt.)
CORN. {See Taxes.)
CORNBURY, EDWARD HYDE, LORD.
{See Xeii' Yoi-k.)
CORONERS. {See Fees.)
COTTON, SIR ROBERT. {See Postmaster-
General.)
COUNCIL. {See Coicncillors, Legislative Lists,
Ministers, Representatives.)
Under the charter of the province suc-
ceed Stoughton as executive, July
7, 1701, and continue in power until
the arrival of Gov. Joseph Dudley,
Jun° 11, 1702 283
po-wer of, to order sundry pay-
ments without the concurrence of
the representatives denied by the
latter, . . . .39, 7iote, 393, 416
Ecclesiastical, for settling ministers recom-
mended by the clergy ; power of, to
control the votes of non-church mem-
bers; expenses of, to be paid by all
the inhabitants, 537
COUNCILLORS OR ASSISTANTS. {See
Council, Legislative Lists.)
Distribution of, according to the charter;
by the rule adopted in 1700, nineteen
chosen from the territory formerly
the colony of Massachusetts, four
from Plymouth Colony and one only
nominally at large, although two
were actually so chosen, 6, 7, 14, 19, 237,
238, 241, 242, 375
in 1701 and subsequently, two
regularly chosen at large and so
recorded 238,241,242
Stephen Mason, named as a touncillor in
the charter, did not sit and does not
appear to have been seised of land
in the province at the time of his
appointment 5
COUNCILLORS OR ASSISTANTS
— continued.
Lieutenant-governor eat as a conncillor,
ex-offlcio, in 1692; annually elected
to the council subsequently, . . 6
Bradstreet and Hinckley, the last gov-
ernors, respectively, of the colonies
of Massachusetts Bay and New
Plymouth, decline to take the oaths
or sit as councillors under the
province charter, . . . 5, 6, notes
COUNTY RATES. {See Taxes.)
COURT OP APPEALS, GRAND AS-
SIZE AND GENERAL
GAOL DELIVERY.
Record of appeal, Cooke et. al., appel-
lants, V. Paige et ux., tried before
this court in 1686, . . . 508, 509
jury find for the appellees; appellants
appeal to the king in council, . . 509
COURT OF COMMON PLEAS. {See In-
ferior Court of Common Pleas.)
COURT OF PLEAS AND SESSIONS
OF THE PEACE.
Record of the trial in that court in 1686
of a writ of ejectment, . . . 508
COURT OF SESSIONS. {See Court of
I'leas, etc.. General Sessions of the
Peace.)
CROFTS, HENRY. {See Oosport, Pem-aquid.)
Commander of the Gosport, man-of-
war; Ik is allowed £20 for his ex-
penses in entertaining Gov. Dudley
and the gentlemen who attended
him on his voyage to Pemaquid
in 1702 356, 731, 732
his death, and Sewall's opinion of him ;
buried in the Granary burying-
ground, . . . . . . 732
CRUMPTON, FRANCIS.
Constable of Ipswich, allowance to,
for money paid by him to Wil-
liam Allen of Salisbury, on a lost
order 154
CURSING. {See Ministers.)
D.
DADY, MARTHA.
Her petition for leave to sell real estate
in Charlestown devised by her hus-
band William Dady to herself for
life and afterwards to her children, 724
vote refusing her request, . . .350
DAGGETT, JOSEPH. (-See Tisbury.)
DAMARISCOTTA RIVER,
Engagement at the mouth of, Sept. 9,
1697, between Maj. March's forces
and the French and Indian
enemy, 553, 571
DANFORTH, THOMAS. {See Superior
Court of Judicature, etc.)
DARBY OR DARBYSHIRE.
A captive escaped from the Indians :
allowance to, for gun and clothing
lost, 152, 559
DARTMOUTH. {See Bridges, Indians, Taxes.)
Boundary between Little Compton,
Tiverton and, how affected by grants
of the general court, and purchases
of the Indians; committee appointed
to report on, ..... 198
report of committee accepted, . . 289
DAVENPORT, ADDINGTON. {See Rep-
resentatives.)
DAVISON, DANIEL.
His demand for £50 paid by him to
Jonathan Wells by order of Sir
Edmund Andros, for which he has
no receipt 671
allowed £25 274
DAWES, AMBROSE.
A wounded soldier, allowance to, . . 50
his petition 429
802
Index.
DEBENTURES. {See Benjamin Church,
Committee on Debentures, Province
Treasurer.)
formerly issued by the commissioners
for war, 545
Lost debenture to be paid to Elizabeth
Stover 140
John Walley's certificate of its due
issue, 545
vote directing committee on, to
forbear issuing or drawing upon the
treasury for 161, 567
order, July 19, 1699, appointing
John Walley and Ephraim
Sav:* ge a committee to receive
claims and debentures against the
province brought in before Oct. 1,
1699, etc. 226
Christophir Hall receives part payment
of Israel Woodcock, constable of
Attleborough, of a debenture issued
in payment of the services of his
father; the debenture being de-
stroyed by fire he prays for relief, . 705
order on this petition that the province
treasurer allow thirty shillings to the
constable and pay the balance of the
debenture to the petitioner, . . 318
DEBT, ACTION OF.
Claimed not to lie on a promise, but
" case " declared the proper remedy, 499
DEDHAM. {See Katick, Tcuces.)
Committee appointed to settle boundary
between Natick and, . . . 245, 250
hearing appointed of the parties, . 287
Order for settling the boundary, , . 317
Hearing appointed on the difference be-
tween the town and the Natick In-
dians; notice ordered, . • . 267
Resolve for appointing and instructing a
committee to ascertain the bounds of
four thousand acres of land assigned
to Natick by Dedham, . . .297
DEERFIELD. {See Connecticut, Frontiers,
Ounpoioder, Indians, Woliies.)
attacked by French and Indians June 6,
1693 380
Petition of the inhabitants, February,
1692-3, for assistance; order of the
house thereon in March; Pbips
orders the town to be garrisoned ;
fresh alarms during the summer, . 389
Petition of Rev. John Williams in behalf
of the town, November, 1693; report
of a committee of the militia on the
state of the fortifications, > . . 390
^40 allowed to, Nov. 28, 1693, for
garrisoning the town, . . .33
garrison reenforced from Connecti-
cut in the winter of 1694-5, after
' eomcdelay and repeated application, 462
Letter concerning, from the general
court of Massachusetts to the gov-
ernor and council of Connecticut, . 68
Lieut. HoUister's men suddenly recalled,
March 27, 1694-5, after ten weeks'
service, 461,462
allowance of £10 for maintaining the
ministry in the garrison and at Ihe
town 113
DEERFIELD — continued.
The money is paid to Rev. John Wil-
liams 503^
Indians attack the Belding fam-
ily at, September, 1696, . . . 573
In October, Connecticut apprehending
an attack by the River Indians sends
thirty-eight men and two officers,
armed and mounted, for the defence
of 530
they assist in repairing the fortifica-
tions, 531
DEER ISLAND. {See Islands.)
DEFAULT. {See Inferior Court of Common
Pleas.)
Entered against appellee who was the
original plaintiff ; objected to, as
erroneous, 498, 499
DEMURRAGE. {See Walter and Thomas.)
DENNIS, LAWRENCE.
£30 allowed to him, in part, for his dis-
bursements for the public, . 261, 652
DEPOSITION. {See Action.)
DEPUTIES TO THE GENERAL COURT.
{See Representatives.)
By the province charter two required to
be chosen by the freeholders and
inhabitants of each town or place in
the province 6
Rule of representation changed, Novem- ■
ber, 1692 . 20
and again Nov. 28, 1693, . . . 44
List of, 6, 7, 8; 20, 21; 29, 30; 44, 45; 72, 73;
104, 105; 148, 149; 180, 181; 212, 213;
238, 239; 284, 285; 332, 333; 365, 366
Election of, for alternate service in one
session, disallowed, . . . 104, 181
valid, if by major part of votes cast
though not by major part of electors
present in town meeting, . . . 181
Rejected by Gov. Phips as ineligible by
non-residence 44, 45
DERING, HENRY. {See Representatives.)
DEXTER, JOHN. {See Taxes.)
Constable of Rochester 489
DEXTER, THOMAS.
Of Rochester, aftidavit of, . . .489
D'IBERVILLE, PIERRE LB MOINE,
SIEUR. {See Newfoundland,
Pemaquid.)
DONGAN, THOMAS. {See Earl of Limerick.)
DOORKEEPER. {See Messengei; etc.)
DOTY, JOSEPH. (6Ve Taxes.)
Constable of Rochester, .... 138
DRACUT.
Resolve for erecting a tract of land so
called into a township by that
name 321
DRUNKENNESS. {See Ministers.)
DRURY, THOMAS. {See Framingham.)
DUDLEY, JOSEPH. {See Council, Court
of Appeals, Grand Assize and
General Gaol Delivery, Governor,
Indians, Land-Grants, Speeches
Printed.)
Chief justice of the highest judicial court
of the territory and dominion of
New England presides in 1686, 508, 509
Governor of the province, news of his
appointment as, Sept. 3, 1701, . 701, 702
Index.
803
DUDLEY, JOSEPH — continned.
measures taken for his recep-
tion 702
Order authorizing the council " to take
care for, and order " it, . . .311
lie arrives at Marblehead In the Cen-
turion June 10; letter dewpalched
to Boston; the Centurion sails for
Boston ; Is met outside of Point
Alderton by a deputation of the
council; Sewall delivers a congratu-
latory address; committee accom-
pany him to Scarlet's wharf where
he lands June 11 ; military escort to
the town house where his commis-
sion is published ; he taUcs the oath,
and is escorted to Roxbury ; Sewall's
account of the ceremonies, . . 702
resolve for presenting to him £500
as governor, .... 343, 717
his voyage to Pemaquidto treat with
the Indians in the summer of 1702, 731, 732
representatives resolve to grant him
£600 inclusive of the £500 already
granted for house rent and his ser-
vices the first year; the council non-
concur and return the resolve to the
house, 733
resolve passed by the representa-
tives for allowing and paying to
him £200 over and above the £500;
the council resolve that the allow-
ance is below the dignity of hia
station and dishonorable to the gov-
ernment, and return the resolve to
the house for reconsideration; the
representatives refuse to reconsider;
the council advise the governor to
accept the allowance, and express
the hojie that the assembly will have
further consideration of the matter
at another session; the resolve is
passed ; warrant for £700 upon the
treasurer signed by Dudley, 358, 359,
733, 734
his speech, March 11, 1702-3 ; the
representatives thank him for it and
ask for a copy to print, . . . 744
He apprehends ill designs of the Indians
at Cocheco; proposes to send out
two companies to protect the settlers
on the frontier from Casco Bay to
Haverhill, 745
order approving the governor's
proposal and promising subsis-
tence for the force, .... 368
DUDLEY, SIR MATTHEW.
a member of the Royal Society ;
associated with Sir Humphrey Ed-
win in a scheme for mining, f urnish-
DUDLEY, SIR MATTHEW— continued.
ing naval stores, planting, trading,
purchasing lands, etc.. In New Eng-
land 50,51,434
Committee of the legislature appointed
to draught a letter opposing the
charter sought by them, . . . 434
Letter from the governor, council and
representatives to the lords of the
privy council opposing his peti-
tion, 50, 51, 52
Sir Henry Ashurst claims credit for
defeating the project, . . 308, 685
DUKES COUNTY. (.See Inferior Court of
Common Pleas.)
Joseph Norton marshal of Martha's
Vineyard in 1696, . . . .495
DUNSTABLE. {See Frontiers, Garrisons,
Taxes.)
Rev. Thomas Weld, minister there,
allowed to abide elsewhere, 1695,
he having removed to Boston, . . 575
Grants of 1696 and 1697 paid to him, 503, 576
allowance to, of £30 for a minister at
the garrison, 1696 113
of £20 towards the maintenance of the
ministry at, in 1697 168
of £12 per annum for two j'ears
towards the maintenance of a min-
ister at, 1698, 197
of £12 towards the support of a min-
ister at, 1701 311
petition of the selectmen of, for the
allowance of 1701, . . . .702
resolve for fortifying and garrison-
ing a suitable place at Wataanuck
(Dunstable) as a trading house for
the supply of the Indians at Penne-
cook, 355
DUSTUN, HANNAH. {See Thomas Dustun.)
DUSTUN, THOMAS. {See Samuel Leonard-
son, Mary 2Te;ff.)
Constable of Haverhill ; letter from
Nathaniel Saltonstall to the province
treasurer May 31, 1697, concerning
payments made to him by the con-
stable, 558
vote directing the treasurer to
allow him £10, the amount he paid
to Saltonstall for the service of
suldiers, 151
Allowance to him in behalf of his
wife Hannah who escaped from
her Indian captors, . . . 153, 558
his petition therefor 562
Account of her captivity and escape, . 562
DUTIES. {See Tonnage of Shipping.)
DU TUFFEAU, ISAAC BERTRAND.
{See Oxford.)
DWIGHT, HENRY. {See Hampshire County.)
E.
EAGLE ISLAND. {See Islands.)
FAMES, JOHN. {See Thomas Eames.)
EAMES, NATHANIEL, {See Thomas
Eames.)
EAMES, SAMUEL. {See Thomas Eames.)
EAMES, THOMAS.
Grant of land conveyed to, by the Indians
of Natick in 1676, confirmed to his
sons, John, Nathaniel and Samuel, 820
EATON, DANIEL. {See Little Compton.)
804
Index.
EDDY, JOHN. {See Tisbiiry.)
EDGARTOWN. {See dfart/ia's Vineyard.)
OrJer requiring the province treasurer
to issue warrants for arrears of
taxes, etc., 155
EDWIN, SIR HUMPHREY. {See Sir Mat-
theio Dudley.)
Lord mayor of London and a dissenter;
interested in a proposed charter for
mining, land speculation, etc.; ac-
count of him, 434
EEL-RIVER BRIDGE. {See Bridges.)
EJECTIOXE FIRM^. {See Elisha Cooke.)
action of, brought during the presidency
of Dudley, in the court of pleas and
sessions of the peace in Suffolk
County, Turell v. Dyer : Paige and
wife, the lessors of the plaintiff, and
Elisha Cooke (for Elizabeth Cooke),
Isaac Lewis, John "Wiswall, Senior,
John Wiswall, Junior, and John
Floyd, tenants In possession, appear,
and the defendants acknowledging
lease, entry and ouster, and the
proper agreements being made, they
were made parties, mutatis mutan-
dis, for the original plaintiffs and
the casual ejector, and the case was
given to the jury, who found for the
plaintiffs 508
On appeal to the court of appeals, grand
assize and general gaol delivery, the
judgment is affirmed, whereupon the
appellants again appeal to the king
in council 508, 509
ELECTION" SERMONS.
Cotton Mather preaches the sermon at
the opening of the first session of
the general court, June 8, 1692, . 375
Increase Mather preaches the first
sermon at the election of councillors,
1693, 14
Committee of the council thank him, 23, 376
sermon printed ; its title, . . . 375
Samuel "Wiilard preaches. May, 1694, . 47
Committee appointed to convey to him
the thanks of the council, . . .47
sermon printed; its title, . . .419
Samuel Torrey preaches. May, 1695, . 67
sermon printed; its title, . . . 459'
Nicholas Noyes invited to preach,
1698 587
Committee appointed to thank him, . 183
Sewall sends the first leather-bound
copy to the Earl of Bellomont at
New York 587
Cotton Mather preaches, 1700; no vote
Inviting him to deliver it or thanking
him for it; sermon printed; its text
and title 674
Joseph Belcher preaches, 1701 ; he is
nominated by the lieutenant-gov-
ernor and confirmed by the coun-
cil 287
The representatives had asked a post-
ponement on account of press of
business, 674
Committee of the council appointed to
thank him, 287
Bermon printed ; the text, . . . 674
ELECTION SERMONS — conti7iued.
Increase Mather preaches in May,
1702, the representatives having sent
a message expressing their desire
that he be appointed ; preached May
27; printed; its title, . . . 327
one hundred copies paid for, from
the province treasury, to Nicholas
Boone, priuter, 362
ELIOT, BENJAMIN. {See Acts and Latcs.)
ELIZABETH ISLANDS. {See Inferior Court
of Common Pleas.)
ELLINWOOD, JOHN.
Of Beverly, a soldier wounded at Wells
in 1676; vote for paying him £5
and a yearly pension of £3 for
life 270, 656, 657
his petition ; certificates filed by him ;
report of the committee of the
house, 657
EMERY, JAMES. {See Berwick.)
EMES, FLEETWOOD. {See noyal Navy.)
Captain of the frigate Sorlings, . 479, 507
EMMES, HENRY. {See Messenger, etc.)
ENDICOTT, JOHN. {See Boxford.)
ENEMY, FRENCH AND INDIAN. {See
Bay of Fundy, Fishing- Boats, In-
dians, Privateers.)
Expediency of longer holding Port
Royal and the adjacent territory
of Acadia, and of maintaining a
garrison at Pemaquid, questioned in
1696; Villebon in possession of the
territory on the river St. John; and
French privateers infesting the
coast 505
Expeditions against, under Lieut.-Col.
Bartholomew Gedneyand Maj. Ben-
jamin Church in the summer of
1696 506, 507
Naval expeditions against, to the Bay
of Fundy, . . . 507, 513, 514, 521
the Sorlings, frigate, repulsed in 1695, . 507
the Sorlings, the Ne^wport, and a
tender, in 1696, attempt to retrieve
this reverse; the Newport captured
and used against Pemaquid, which
is surrendered, 514
the Arundel, the province galley and
transports conveying nearly five hun-
dred men under Lieut.-Col. John
Hathorne proceed to the Bay of
Fundy to join with Church in re-
moving the enemy, .... 514
Failure of this expedition, . . . 521
Plans of the French for extirpating the
English colonies in America and for
the destruction of Boston and New
York, 537
ENFIELD. {See Province Boundary, Taxes.)
petition of the selectmen, Jan.
26, 1693-4, setting forth that the
township of, was granted in 16S3;
how bounded; Indian rights pur-
chased by the settlers; claimed by
Connecticut; taken possession of by
inhabitants of Windsor; damage
done and threats made by intru-
ders,— and praying for settleraent
of the province boundary ; confirma-
Index.
805
ENFIELD — continued.
tion of the grant of llie township,
together with the full rights and
powers of ii town, . . . 414, 415
Committee to consider the molestations
and claims by Connecticut recom-
mend that the duplicate of a letter
sent Dec. 12, 169o, be sent with Inti-
mations of adlierence thereto, assert-
ing the right of Massachusetts to all
territory within tlie ancient boun-
dary line, and that it be signitied to
Enfield and Sudield that they shall
be defended in their just rights,
etc., 113
letter of Stoughton to this eft'ect, June
16, 1696, 504
ENGLAND. (-SVc WiUiam HI.)
ENGLISH, JOSEPH.
An Indian ; resolve for allowance to, for
intelligence communicated by him
of the movement of the enemy on
the frontier, . . . 186, 187, 592
ENGRAVER. {See John Conny.)
ENTRY.
of the ship Providence, charge of,
remitted 163
ESCHEATS. {See Estreats.)
ESSETT, ANN.
"Wife of William ; widow, successively, of
Thomas Sheffield and Charles Perry ;
in possession of Sheffield's estate on
Sea Street, Boston, to which there
■were no known heirs; she conveys
to Edward Shippen in 1679; her
husband, Perry, subsequently con-
veys to John Homes or Holmes ; she
brings suit against Holmes in 1684
for recovery of possession; obtains
a verdict; defendant appeals to the
court of assistants; she applies to
the general court for confirmation of
her title; her petition; it is granted
upon her getting the consent of the
county court of Suffolk; after her
decease. Holmes brings suit against
her husband, Essett, and Elizabeth
Wilkinson for possession, . . 613
Essett, her husband, brings a
cross action against Holmes and
applies to the general court in 1694
for leave to sell the estate for pay.
ment of his wife's debts; his peti-
tion ; the council pass a bill in 1695
in which the representatives refuse
to concur; hearing ordered on Es-
sett's petition in 1696; the principal
creditor, Elizabeth Matson, becomes
the wife of Sampson Moore; Moore
and wife bring suit against Essett in
the superior court of judicature ; suit
dropped; death of Mrs. Moore; Seth
Perry, another creditor, joins with
Moore in a petition to the general
court for leave to sell the estate,
May 26, 1697; continued to 1698, . 614
Resolve, Dec. 10, 1698, referring the peti-
tioners to the courts of law for
authority to sell, . . . 206, 613
subsequent proceedings, . . . 615
ESSETT, AN-i^l — cnnHnneil.
petition of Perry and Moore sent
up June 17, 1701, from the repre-
sentatives with a resolve that Joseph
Holmes be notified, . . . 289, 290
hearing thereon, the ne.\t day, . . 677
petition of Perry and Moore read
Nov. 10, 1702 355, 730
Resolve thereon, that the petitioners and
Joseph Hclmes be heard by the
whole court, 355
record of the hearing, . . . 730, 731
ESSETT, WILLIAM. {See Ann Eimett.)
ESTABROOK, JOSEPH. {See Nashoba.)
ESTREATS.
Of forfeitures and escheats in the witch
cases not made to the treasurer, Dec.
l:!, 1693, ...... 410
EVANCE OR EVANS, SIR STEPHEN.
( See Jsfaval Stores.)
EVERETT, JOHN.
Captain of the garrison at Wells, . . 521
EVIDENCE. {See Action.)
EXCISE. {See Henry Omkery, Impost, etc.)
John Walley, Nathaniel Byfleld and
James Converse first commis-
sioners of (1697), with power to farm
out the same, . . . 164, 568, 595
they farm the same to Elisha Hutch-
inson and Penn Townsend, . . 569
Allowance to commissioners for their
services, 164
£15 remitted to Penn Townsend, 299, 684
Elisha Hutchinson and John Wal-
ley chosen commissioners of, in
1698 600
they farm the excise to Penn Town-
send, Benjamin Gerrish, Jacob
Amsden and Josiah Parker; their
report 600
Resolve for allowing the commissioners
for their services in farming the
excise, 200
Resolve and order, July 19, 1699, for
remitting the impost and excise
for which John Walley, late com-
missioner, is chargeable and for
authorizing him to collect the re-
mainder 222, 223
order in council for a warrant, . . 619
Penn Townsend chosen commissioner for
Suffolk County, 1700; declines, as
also does Timothy Clarke, who is
chosen in his place, etc.; Ejjhraim
Savage chosen July 13, 1700, . . 654
Resolve authorizing the governor
and council to fill any vacancy in
the commission caused by death or
refusal to serve, 266
Resolve and order for better direction
of commissioner of, in collecting
duties 275, 672
commissioners to agree with
persons taking licenses for excise
accruing between the passage of the
excise act and the date of the license, 275
Resolve remitting £31 10s. to Samuel
Wakefield of Salem and John Wil-
son of Ipswich, farmers of excise, . 311
their petition, 700
806
IlJDEX.
EXCISE — continued.
their accounts 700, 701
their second petition; referred to the
next session, 701
Order directing the province treasurer
to allow £3 to Josiah Parker and
the administratrix of Jacob Amsden
of Cambridge, farmers of excise,
being the amount allowed to Henry
Cookery 317
their petition, 705
EXPEDITIONS.
under Sir William Pliips against
Canada in 1690, 377
vessels in ; the America Merchant, . 225
the Six Friends, .... 268, 656
hospital ketch, the Mary Ann, . . 656
the pink, Mary 125, 517
EXPEDITIONS — continued.
Against Port Royal in 1690, . . 569, 632
under Maj. Benjamin Church to
Penobscot in 1692, . . . .377
under Maj. James Converse to
Saco in 1693, 377
under Maj. Benjamin Church to
Acadia in 1696, 507
under Lieut.-Col. Bartholomew
Gedney to York in 1696, . . 507
under Lieut.-Col. John Hathorne
to the river St. John, in 1696, super-
seding Church 513
under Maj. John March to Damaris-
cotta in 1697, 571
EXTRAVAGANT LIVING. (See Minis-
ters.)
EYRE, JOHN. {See Acts and Laws.)
F.
FAIRBANKS, HASADIAH. {See Walter
Shepard.)
FAIRBANKS, RICHARD. {See Post and
Post-offices.)
FARMERS OF EXCISE. {See Excise.)
PARRINGTON, THEOPHILUS.
Of Lynn, a soldier, wounded in the ex-
pedition against Nova Scotia in 1690 ;
resolve for paying £7 to him, . . 242
his petition, 632, 633
committee's report thereon, . . . 633
FAST DAYS. {See Bellomont, Samuel Sewall,
Witchcrnft.)
first day of public fasting under the
province charter May 26, 1692, . . 459
governor and council appoint a
day of fasting for Dec. 29, 1692, . 459
Order of the general court appointing
April 26, 1695, as 67
vote appointing a public fast, to be
held April 2, 1696, . . .97, 488
"bill" appointing Jan. 14, 1697, as a
day of fasting, 131
causes thereof assigned, c 132,531-534
resolve for the fast held April 24,
1701, the lieutenant-governor and
council to appoint the time; rumor
of Bellomont's death, . . 279, 673
resolve appointing Sept. 18, 1701,
aa a day of fasting, on account of
the death of Bellomont; the blasting
of the fruits of the earth; to invoke
Divine favor in the affairs intrusted
to the agent of the province, . 309, 699
resolve for the fast of April 2,
1702, the council to appoint the
time and assign the occasion, . 327, 712
appointed by the general court,
with one exception, until 1700; after
that, except the fast of Aug. 9, 1701,
the council named the day and as-
signed the occasion, . . 279, note
Servile labor on, forbidden, . . 97, 132
FEES.
Of secretary of the province, coroners,
justices, etc., vute for regulating, 10, 375
FERRIES AND FERRIAGE.
Ferrymen to speed John Knight, mail car-
rier, in 1690 .431
mail carriers to be ferried free in 1693, 432
forbidden to take toll for transporting
soldiers during Queen Anne's war;
required to attend their ferries day
and night, 369
Over Merrimac River, between Newbury
and Salisbury, in 1639 :
George Carr removes from Ipswich to
Salisbury; is appointed to keep the
ferry from Salisbury side to New-
bury side in 1644; to keep the ferry
on Salisbury side of Carr's Island
only in 1647, and Tristram Coffin on
Newbury side 398, 399
Town of Salisbury granted liberty to
keep, on Salisbury side, in 1648;
town appoints committee for set-
tling the ferry ; award it to Carr for
fourteen years; he applies to the
general court for the exclusive ferri-
age on both sides of the river ; he and
Coffin are authorized to run separate
through ferries between Salisbury
and Newbury, Carr to have the use
of Ram Island while he continues to
run the ferry; in 1649 Carr renews
his petition for an exclusive ferry;
general court refer his petition to
the next county court in Essex;
Carr proposes to connect Carr's
Island with Salisbury by a float-
ing bridge in consideration of a
monopoly of the ferry, . . . 399
Floating bridge, proposal of Carr to
build, in connection with the ferry,
accepted by the general court ; he
completes the bridge in 1655, , . 400
it is viewed and approved, . . 400, 401
Justice Samuel Synionds of the county
court and his attendants pass over,
mounted, on their return from Dover
and York ; the judge certifies to the
sufficiency of the bridge, and that
Index.
807
FERRIES AND F'E'RRJAG'E—conthniea.
Carr is entilli'd to the oxcIii»ivo con-
trol of the ferry ; the briilgo accepted
by the county court and Carr's right
confirmed by the court; bridge
exempted from county and town
rates; grant to liimof the fee of Ham
Island, 401
tolls of members of the general
court to be paid by the' colony
before 1070; members exempted af-
terwards, 402
protected by a garrison in 1676, 404
appraised value of, . . • 404, 407
INTew ferry above Carr's between New-
bury and Amesbury in 1668 com-
petes with Carr's ferry, . . . 401
general court order the refusal of it to
Carr for one year; grant him the
timber on Eagle and Deer islands
for the repair of his bridge, . . 402
Refusal of the new ferry renewed to
Carr in 1669 403
and in 1670, 402
New ferry below Carr's between New-
bury, near the dwelling-house of
John March, and Ring's Island on
Salisbury side, applied for by March
in 1687 in a petition to Andros and
his council; James Carr, son and
successor of George, objects; matter
referred to the justices of the peace
for Essex County 405
the justices report in favor of the
petitioner, 405, 406
the council grant March's peti-
tion, but give the first refusal to
Carr; require the undertaker to
build a causeway from Ring's Island
across the marshes to the town of
Salisbury; the justices report a
tender of the ferry to Carr and his
refusal, and that they award the
ferry to March, ..... 406
March exempted from building the
causeway; he gives the bond re-
quired 406, 407
March reduces the rate of ferri-
age, 404,407
The building of the causeway and bridge
compromised by March and the in-
habitants of Salisbury, . . . 407
Complaints that March's ferry is
unsafe in winter; James Carr's
petition to Andros to have it dis-
continued; he files a certificate in
evidence 407, 408
Carr, in 1691, renews his applica-
tion to the provisional government
for discontiauanceof the lower ferry ;
general court refers him to his rem-
edy at law; James and Richard
Carr, sons of George Carr, bring suit
against Edward Sargent, lessee of
March, August, 1693, . . .408
Sargent vouches March to defend;
the latter being in the king's service
is granted an imparlance, Sept. 26,
1693, to the next term of the common
pleas, 409
FERRIES AND FERRIAGE — "/re</«K«^?.
vote of the general court for sus-
pending actions against March
and for notifying the heirs of George
Carr to appear and show cause why
the ferry should DOt bo confirmed to
March 85
This vote forgotten, and the controversy
rests for twenty-five years, . . 409
FIRE.
in Boston March 10, 1701-2, . . .728
FIREWORKS. (See Joseph mn.)
FISHERIES. {See Arndia, Addresses.)
" The chief staple of the country " in
1696 123
The French claim exclusive right to,
on the coast of Nova Scotia, . 194, 595
address to King William concerning
and asking him to check the insolen-
cies of the French, . . 194, 195, 596
FISHING-BOATS. (-See Tonnage of Ship-
ping.)
Fishing-shallops of Marblehead taken by
the French; tlie barque William and
Mary pursues the enemy and en-
gages him 573, 574
FISKE, DAVID. {SeeJosiahFlynt.)
FISKE, THOMAS. ( See Sir Edmund Andros.)
FITCH, BENJAMIN. {See Bills of Public
Credit.)
FIVE NATIONS. {See Indians.)
FLETCHER, BENJAMIN. {See Indians,
New Yo7'k.)
FLOYD, JOHN. ( See Ejectione Firma, Elisha
Cooke.)
Captain, £20 granted to him in full of
all charge for services, etc., during
the time of Sir Edmund Andros, . 274
FLYNT, HENRY. {See Josiah Flynt.)
First fellow of Harvard College; re-
solve paying him £2 for his attend-
ance as chaplain to the governor
and council and house of representa-
tives, 362, 743
FLYNT, JOSIAH.
Late minister of Dorchester; resolve for
confirming to his son Henry and his
other children five hundred acres of
land granted by the general court in
1668 to E lijah Corlet ; the land laid out
near Quinsigamond Pond, by David
Fiske, and perambulated by David
Haynes, having been purchased by
Flynt and Margery his wife, . . 352
Record of the original grants to Corlet
and of the confirmation to Mrs.
Margery Flynt and her heirs, . . 727
FLYNT, MARGERY. {See Josiah Flynt.)
FORBUSH, THOMAS. {See Abraham Wil-
liriins.)
FORFEITURES. {See Estreats.)
FORTS AND FORTIFICATIONS. {See
Addresses, Castle Island, Frontiers,
Garrisons, Indians, Lancaster, Mar-
tha^s Vineyard, Nantucket, New
York, Peniaquid.)
Fort at Pemaquid built in 1692, . . .377
cost not less than £20,000, . . . , 294
three Indians captured at, January,
1694-5 546
808
Index.
•FORTS AND FORTIFICATIONS— co«-
tintc d.
address to 'William and Mary to take
charge of, 37, 413
also of the forts at Port Royal and St.
John 37.123,413
Phips visits and returns from, 1694, 439, 440
Stone fort at Saco built in 1603, . . 377
four Indians caiitured and killed at,
January, 1694-5, .... 546
On Martha's Vineyard and Nantucket, . 124
Fort at "Wells ; the garrison thi^re under
Capt. John Everett to help the in-
habitants repair fortifications, . 129, 521
At Cape Neddick, kept by Elizabeth
Stover until 1691, when, being de-
serted by her neighbors, she was
forced to abandon it; called by Maj.
Convei'se the best fort at that time
in the eastern parts, .... 545
At the foot of Fort Hill, Boston,
fortification and batteries; the soulh
battery, or sconce, . . , 545, 672
Fort at Marblehead, . . . 319, 706, 707
Fort at Salem, . . 290, 310, 672, 677, 699
Small fortification at Casco Bay
built in 1700, 294
Forts proposed to be built at Salem, Mar-
blehead, Gloucester, Plymouth and
Hull, 295
Representation of the lords of trade
in 1700 describiltg forts from the
river St. George to Boston, . 679, 680
Iiieut.-Gov. Stoughton's letter,
Junes, 1701, to Secretary Vernon, in
reply to the king's letter about forti-
fications 680, 681
FORTUNE-TELLING. {See Sorcery.)
FOSTER, ABRAHAM.
Of Ipswich, a soldier shot through the
body by the enemy; his petition for
relief ; allowance granted, . 173,581
FOWLE, ISAAC. {See Inferior Court of Com-
mon riean.)
FRAMING-HAM.
Resolve and order appointing a com-
mittee to report upon the expediency
of making it a township, . . . 184
Resolve appointing a hearing upon the
petition of Framingham, and for
notifying Sherburne 244
Resolve for erecting it into a township
by the same name, .... 249
Resolve for annexing to Framingham
the farms of David Rice, Thomas
Drury and others, adjacent to Sud-
bury 251
Resolve explaiuing the last order con-
cerning 257
Resolve appointing a committee to settle
the Hue between Sherburne and, . 288
Resolve referring to the next session the
consideration of the petition of
Sherburne 299
Order for settling bounds between Sud-
bury and the farms annexed to
Framingham, 303
FRANKLAND, THOMAS. {See Postmaster-
General.)
FRARY, ELEAZAR. {See Land-Grants.)
160
167
247
290
644
FREETOWN. {See Jfatthew Somer, Bridges,
Taxes.)
vote appointing committee to nm
lines between Tiverton aud.
Vote for enforcing the same, .
Resolve for establishing the lines, .
order referring hearing on the peti-
tioh of the purchasers and inhabi-
tants of Shewamet to be annexed to;
selectmen of Swanzey to be noti-
fied, ......
FRENCH. {See Connecticut, Frontenac, Indi-
ans, Privateers.)
Influence of French missionaries on the
Five Nations, ....
FRENCH PROTESTANT CONGREGA-
TION IN BOSTON. {See Hu-
guenots.)
Huguenots in Boston apply to Gov.
Andros in 1687; liberty granted to
them to meet in the Latin school-
house; duties on £300 in Euro-
pean commodities presented to their
church by King William remitted, . 321
Site of their chapel on School Street, . 544
Bellomont recommends that their
minister be cared for by the public,
1700; thus encouraged they apply
to the legislature for assistance by
John Rawlings, Peter Chardon and
Rene Grignon, elderB; report of
legislative committee on their peti-
tion 640, 641
vote for paying £12 towards the sup-
port of their minister as an encour-
agement to them as strangers, . . 250
FRIENDS' ADVENTURE, THE SHIP.
{See Powder-Muney, Tonnage of
Shipping.)
FRONTENAC, LOUIS DE BUADE,
COUNT DE, ET DU PAL-
UAU. {See huUnns.)
Governor-general of Ne'w France,
commissioners sent by, to treat with
the Five Nations, 1694, . . .437
Stoughton proposes a treaty
■with, for the suppression of bar-
barities towards prisoners, 1696, . 504
Matthew Carey's mission and proposals
to, 504, 505
correspondence between Bellomont
aud, 1698 605
FRONTIERS. {See Andover, Berwick, Benja-
min, Church, Connecticut, Joseph
English, Forts and Fortifications,
Garrisons, Groton, Indians, Lancas-
ter, New York, John Pynchun, Saco,
and the towns in the list below.)
Twenty-six troopers, under Capt. Samuel
White, serve as scouts on, in 16S9, . 448
Harvests on, threatened with inevitable
destruction by the enemy in 1695, . 479
Barbarous treatment by the enemy, of
captives taken on, leads to proposals
to Fronteuac for a treaty; Matthew
Carey's mission, August, 1695, . 504, 505
Report of a committee on the means of
defence of 605, 506
Order for encouraging neighboring towns
to succor, 116
Index.
809
FRONTIERS — continued.
Representatives vote that appiicntion be
made to Connecticut, Rhode Island
and New Hampshire for aid in de-
fending 506
Expedition to the eastern frontier, under
Maj. Benjamin C'liurch, sails from
Boston, to be joined by Gedney's
regiment and Turner's troop of
horse 507
Woodstock declared a frontier town with-
in the meaning of the act of 1694-5,
and penalties of tlio act extended
to 124
Vote and order requesting the lieutenant-
governor to order the chief officers
of each regiment on the frontiers,
' etc., to regulate the garrisons there,
and to direct the altering and repair
of the same and the building of
others; provision made where there
is but one field ofllcer in the regi-
ment; decision of such officers bind-
* ing on the inhabitants there; new
fortifications and garrisons to be at
the charge of the towns; selectmen
to assess for the same, . . . 139
Order of lieutenant-governor and
council recommending that minis-
ters of other towns solicit of their
congregations contributions for the
FRONTIERS — cnntinueil.
support of tlie ministry in frontier
towns 567
Resolve for adopting proposals for
the defence of, . . . . 185, 592
Number of men assigned to the garrisons,
respectively, of Wells, York and
Kittcry; besides a scout of twenty
men with a captain and two lieuten-
ants to command them, for the three
towns; assignments of men to the
garrisons of Amesbury, Billerlca,
Brooktleld, Chelmsford, Deeriield,
Dunstable, Groton, Iladley, Hat-
field, Lancaster, Northampton,
Saco, Salisbury, Stow and "West-
field, ' 185, 186
Forty men in two companies to scout
from Haverhill to Dunstable and
from Dunstable to Nashua, . . 186
Tax for defence of, recommended in 1698, 186
Salem mentioned as a frontier town, .' . 673
FROST, CHARLES.
Major In York County, 1694-6, also com-
missary; allowance to, . . . 112
his petition, 502
FROST, JOSEPH.
Late constable of Charlestown, order
for collecting taxes left by him un-
collected at his death, . . . 166
FUNDY. {See Bay of Fundy.)
G.
GALLOP, SAMUEL. (See Daniel Wilcok.)
Sheriff of Bristol County ; threatened
by the ijrovlnce treasurer with pros-
ecution for the fine, etc., Of Daniel
Wilcok, an escaped prisoner; he ap-
plies to the general court; order
that i^rosecution be suspended sis
months, .... 137, 138, 544
bis petition for compensation and reim-
bursement of expenses in attempt-
ing to capture Wilcok ; his account
referred to the committeeonpetitions, 707
Report of the committee, . . . 70S
resolve for allo'wing and paying to
him £11 U.S. to reimburse him his
charges and expenses, . . . 319
resolve for allowing and paying to
him £6 for the execution of several
warrants 189, 59S
GARRISONS. {See Connecticut, Deerfield,
Dunstable, Frontiers.)
Four hundred or five hundred men
on duty In, throughout the province
in February, 1692-3 378
At the castle, on Castle Island, in Febru-
ary, 1692-3, garrison to consist of
about sixteen men, in time of peace, 387
in 1700, to consist of twenty private sen-
tinels (Including six quarter-gun-
ners) , besides captain, lieutenant and
gunner, and gunner's mate, . . 263
in 1701-2, Feb. 18, standing garrison pro-
posed to be raised to at least one
hundred and twenty able men besides
GARRISONS — continued.
their officers; also three hundred
matrosses, properly officered, to at-
tend one day in each week, and four
hundred musketeers, with proper
officers ; these seven hundred men to
repair to their colors on the first
alarm, to be transported to the
castle 323, 710
At Wells, chaplain to be appointed for, and
his pay established, . . . .34
Capt. Everett's company there to
assist in repairing fortiflcations, . 129
At York, chaplain to be appointed for, and
his pay fixed, 34
joint petition of Wells and York
to the general court, .... 394
At Salisbury Ferry, 405
At Pemaquid, vote for an address to the
king for support of the garrison, . 81
Nathaniel Hall surgeon at, . 92, 485, 486
At Dunstable, .... 113, 168, 503, 575
At Berwick, minister there, .... 160
At Northfleld, Warham Mather chaplain
there in the time of Sir Edmund
Andros, 303, 692
At Brookfleld, Joseph Smith chaplain at, 346, 718
GEDNEY, BARTHOLOMEW. (See Com-
■tnissionersfor Wur, JSfaval Stores.)
Lieutenant-colonel, his regiment detailed
for duty on the eastern frontier, . 507
to cooperate with Maj. Benjamin
Church 571
is allowed for a chest of medicines, etc. , 542
810
Index.
GEDNEY, BARTHOLOMEW — conMwffcd.
Commissioner for war and one of the
committee on debentures, . . . 545
Declines the appointment of commis-
sioner to visit the forces under MaJ.
March, 57
GENERAL COURT. (-See Great and General
Court.)
GENERAL SESSIONS OP THE PEACE.
{See John Wilkiiis.)
Of Bristol County, directed to answer to
the complaint of John Wilkins, 110, 491
the complaint charges that the court
had refused him a jury trial and an
appeal J had illegally fined and im-
prisoned him on a complaint against
him for rescous; and had confirmed
a rate illegally laid upon him by the
selectmen of Bristol, . . . 491,492
Copy of the court record; the complaint
of Wilkins, William Throop and
Jeremiah Osburn against the select-
men 492
vote of the representatives that
the denial of a jury and the levying
of money without the consent of the
subject are grievances, etc., . . 492
list of the justices present at the
seBsions when the appeal was re-
fused 492
when the complaint against the rate
was entered, 493
list of the selectmen who made the
rate 493
precept requiring the justices to appear
before the general court to answer
Wilkins's complaint, notifying the
complainant and summoning wit-
nesses; sheriff's return thereon;
the hearing postponed ; the repre-
sentatives vote the charges well
proved, that the justices be admon-
ished by the lieutenant-governor
before the general court, and that
they reimburse the complainant his
costs, etc., 493
A similar vote against the selectmen, . 494
the council nonconcur, .... 494
Of Suffolk County, resolve referring to a
committee the petition of the justices
praying that further provision be
made for their receiving their lawful
pay for attendance at the sessions, . 348
report of the committee, . . 720, 721
GERRISH, BENJAMIN. (See Excise.)
GIBSON, JOHN. (See Kewfoimdlaiid.)
Colonel commanding forces against New-
foundland ; the governor and council
send him a present of twelve fat
wethers and a hogshead of canary
wine 549, note
GIBSON, SAMUEL. (See Inferior Court of
Common Pleas.)
Vote for removing to the general court
the suit brought against him by
John Gove, Ill
GILL, OBADIAH.
Of Boston; his administratrix allowed
the value of unendorsed bills of credit
found among his effects, . . 280,674
GILL, SAMUEL.
Petition of, that measures be taken to
recover his son Samuel and others,
captives in the hands of the In-
dians, 637
Vote authorizing the governor, etc., to
take such measures at the expense
of the province, 248
GILLET, JOHN.
A soldier returned from captivity; re-
solve for allowing and paying to
him £6, 188
Narrative of Stephen Williams concern-
ing ; proposal of Samuel Partridge in
behalf of, 593
GILLET, NATHANIEL. (See Hampshire
Coutity.)
GLOUCESTER. (See Taxes.)
GLOVER, ROBERT. (See Privateers.)
GOODRICH, ROBERT. (See Gutteridge.)
GOOKIN, SAMUEL. (See Billerica, Indians,
Land-Grants, Daniel Wilcok.)
£3 allowed to, as sheriff, for pub-
lishing acts of the general assem-
bly 277, 673
GOSPEL, CORPORATION FOR PROPA-
GATING, ETC.
Agents of, to be applied to for further
allowance to ministers sent to the
eastern Indians, .... 254
GOSPORT, THE SHIP OF WAR. (See
Henry Crofts, Royal Navy, Pema-
quid,John Watson.)
Conveys Gov. Dudley to Pemaquid in
his visit to the frontieis, Aug. 12,
1702, in the recess of the general
court, attended by members of the
council and house of representa-
tives 731
GOULD, ZACCHEUS. (See Box ford.)
GOVE, JOHN. (See Inferior Court of Common
Pleas.)
His suit against Gibson removed to the
general court, Ill
GOVERNOR. (See Earl of Bellomont, Con-
necticut, Joseph Dudley, Lieutenant-
Governor, Sir William Phips, Secret
Intelligence.)
His full official title :
1692, Sir William Phips 5
1697 and 1699, Richard, Earl of Bello-
mont, 211
1702, Joseph Dudley 331
Bellomont, house rent of, provided and paid
for b}' the province, .... 230
his speech in 1700 printed, . 278, 673
Dudley's speech of March 11, 1702-3, print-
ing of, solicited, 744
GRAIN. (See Taxes.)
GRAMMAR SCHOOL. (See Newton.)
GRANARY BURYING -GROUND. (.See
Henry Crofts.)
GRAND JURORS. (See Acts and Laws, Oyer
ovd Terminer.)
GRAVES, JOHN.
Of Ipswich, thirty shillings allowed to,
for his services against the Indian
enemy in 1669 and paid to Edward
Neiline of Ipswich, . . .325,712
GRAVES, NATHANIEL. (See Wolves.)
Index.
811
GREAT AND GENERAL COURT. {See
Apjjeii/, Jidston, CouiK-iUorfi, Depu-
ties, Geiwral Ses-sionn of ike Peace,
Inferior Court of Common Pleas,
Stephen Miiiot, Representatives.)
Ferriage of members of: meinbeia to
pass over George Carr's floating
bridge iind ferry across the Mcrri-
mac at the expense of the colony;
the tollrtBubsequeiiUy abolished, 402, 403
Unfinished business before, couiinued
from the first to the third Beasion in
1G95 8G
Hearings pending before, in 1701, con-
tinued by general orders, . . 311, 316
Chaplain of, Henry Flynt, the first on
record, allowed, in 1702, £2 for his
services 362, 743
Sits in the house of Stephen Minot,
on Boston Neck, March, 1702-3, on
account of smallpox in Boston, . 748
Not dissolved for want of a quorum of
the representatives on the day to
which it stands adjourned, 95 and note
Jurisdicti-on exercised by, over judicial
courts, 110, 111, leS, 269, 491, 500, 574, 575
Council and representatives, there
being no governor or lieutenant-
governor, receive conveyance of
land to them, their successors and
assigns forever 658
GREAT AND GENERAL COURT
— continued.
Entertainment of a committee of,
by James Meers, lavernT, paid for
out of tlie province treasury, . . 140
GREEN, BARTHOLOMEW.
Allowed fifteen bhilliiigs for printing
Bl)eech of Bcllomont, . . 278,673
GREENLEAP, STEPHEN".
A wounded soldier, allowance to, 95, 96, 487
his petition, 487
GRIGNON, RENE^.
Elder of the French church in Boston, . 250
GROTON. (.S'ee Frontiers, Stephen Holden, In-
dians, John Page, Phineas Parker,
Taxes.)
Attacked by Indians in 1693, . . . 622
in 1594, 439
GUNPOWDER. { See Comniisslo7ier for Stores of
War, Powder- Money, Warlike Stores.)
From Boston, required for the western
garrisons and forces, .... 379
Ammunition supplied to Deerfield in 1693, 389
Storage of, petition of merchants and
others of Boston for a suitable place
for 669, 670
order for procuring such a place, . 273
Powder-house in Boston first erected in
1706 669
GUTTBRIDGE OR GOODRICH. {See
Jlessenger, etc.)
11.
HABBERPIELD, WILLIAM.
Three hundred acres of vacant land
granted to, as a reward for instruct
ing many in cloth- working, . . 197
HADLEY. (See Frontiers, Taxes, Wolves.)
HALL, CHRISTOPHER. (See Debentures.)
HALL, NATHANIEL.
Surgeon of the garrison at Pemaquid;
grant to, in full for his services and
in commutation of a pension for
life, 92, 486
Jiis petition, ..... 485,486
Vote on ills request for a license to keep
an ordinary at Yarmouth, . . 486
HALLET, JOHN.
A soldier; order of payment to, of a
lost debenture, Tinpaid, . , . 112
Petition of Thomas Sturgis in his be-
half 502
HAMILTON, ANDREW. (See Post and
Post-offices, Postmaster- General.)
HAMILTON, CHARLES BUTLER^
EARL OF ARRAN,
CALLED DUKE HAM-
ILTON. (See Agents of the
Province, Sir Matthew Dudley.)
At the instigation of Joseph Dudley,
he makes a claim to territory in New
England 684, woile
Sir Henry Ashurst's efforts to defeat
his claim 308, 685
HAMMOND, JOSEPH. (5ee Committee for
War, etc.)
I HAMPSHIRE COUNTY". (See Taxes.)
I Allowance of £22 to residents of: Ben-
I jamin Wright, Benjamin Stebbins,
I Jonathan Taylor, Thomas Wells,
j Benoni Moor, Ebenezer Stebbins,
Nathaniel Pomeroy, Nathaniel Gil-
let, Benjamin King, Jonathan
Brooks, Samuel Root, Joseph Pelty,
Joseph Clesson and Henry Dwight,
for services in pursuing the Indians
after the attack on Hatfield in July,
1698, the bounty law having ex-
pired 19S, 599
Petition of Wright and others, . . 598
Cotton Mather's account of the kill-
iugof one of the Indiansandof their
murder and capture of the whites,
HARVARD COLLEGE. (See Addresses,
Increase Mather, Samuel Willard.^
Newly incorporated in 1692,
act disallowed by the privy council, .
New act in 1696; visitatorial power not
reserved to the king, ....
defeated by Increase Mather,
Another charter enacted in 1697, disallowed
by the privy council; Bellomont
undertakes to solicit a charter from
the king
advice of the council, July 25, 1699,
on motion of the representatives that,
during the suspension of proceed-
ings in the legislature relative to the
college, the governor continue the
599
4.52
608
608
608
609
812
IXDEX.
HARVARD CO'LIj'EG'E — conthiued.
government and direction of the col-
lege in the hands of the corporators
named in the act of 1697, . . 228,624
a message from the representatives,
March 23, 1699-1700, to the same
effect 230, 625
Vote, June 14, 1700, adopting the draught
of an address to the king concerning
the establishment of, . . 245, 636
an address to Bellomont to use his
influence to promote the success of
the address to the liing, . . 252, 642
draught of the proposed new char-
ter; vote of the general court ap-
proving it, July 12, . . 257-260
£500 advanced to Bellomont to
secure its adoption, .... 260
salary of the president fixed at £220
per annum; he to reside at Cam-
bridge, 255
Increase Mather chosen president;
committee appointed to wait upon
him 255
Sewall's account of the interview, July
10; the report of the committee;
Mather's reluctance to remove to
Cambridge; refers the question to
his church; the court request him
to call a meeting of his church the
same evening; committee appointed
to attend, July 11; the consent of
the church signified to the court,
July 12; Mather goes to Cambridge,
but without his family, . . . 644
He is named president in the charter, . 258
committee appointed to provide suit-
able lodgings, etc., for the president
and to report on the condition of the
president's house.
653, 671
Order, July 13, 1700, providing for the
government of the college pending
the application to the king, . . 265
Committee report that they have pro-
cured suitable entertainment for the
president at Aaron Boardman's ; that
the place was acceptable to Mather;
that they had viewed the house built
for the president and found it con-
venient as to situation, but out of
repair, 671
proceedings relative to the drawing of
the charter and sending it to Eng-
land 651,652
Mather returns to Boston in October,
and asks that another president may
be thought of; he continues in
Boston until March, 1700-1, . . 645
Order, March 14, 1700-1, continuing the
government of the college according
to the order of July 13, 1700, and
providing, in case of Mather's re-
fusal, absence, sickness or death,
that Vice President Willard and the
persons nominated to be fellows of
the corporation be invested with
full authority, . . . 271,272,645
committee appointed, March 15,
1700-1, to cause the president's
bouse to be forthwith repaired ; the
HARVARD COLLEGE — continued.
governor and council to receive their
account of expenses and pay the
same 275, 645
The committee lay the estimates of cost
before the council, .... 671
warrants for payments, April 7 and
Aug. 22, 1701 672, 697
Mather returns to Cambridge about the
first of April, 1701, and continues
there until July ; his letter to Stough-
ton, June 30, expressing his deter-
mination to return to Boston, and
asking for the appointment of a
successor, ..... 645, 697
death of Stoughton July 7, 1701; his
wish to attend the approaching
commencement; Sewall presents a
gracecup for him after commence-
ment 697 and note
A committee appointed, Aug. 1, to
invite Mather to confer with the
general court in the afternoon; he
attends; objects to removing to
Cambridge while the college re-
mained unsettled, but would con-
tinue as formerly if the court so
desired 697, 698
the legislature tender the care and
charge of the college to Willard, he
to reside at Cambridge; his church
objects repeatedly; a committee ap-
pointed to confer with them; com-
mittee report Aug. 8, . . . . 698
Resolve investing the council with
the charge of the college until the
next session, the governor and lieu-
tenant-governor being dead, . . 308
Samuel Willard named vice president
In the proposed charter of 1700, . 258
On the reassembling of the general court
in September, the representatives
propose to the council to again in-
vite Mather to take charge of the
college and reside there; the coun-
cil in turn propose a joint committee
to wait on Willard, who had been
applied to by the court " to attend
that service " ; Elisha Cooke vouches
for Willard's readiness to accept the
charge, to visit the college once or
twice a week, to lodge there oc-
casionally, and to " perform the ser-
vice used to be done by former
presidents"; the resolve of the
house for iuviting Mather noncon-
curred in 703
resolve passed Sept. 6, 1701, re-
questing Willard and the cor-
porators nominated as fellows to
take charge of the college, he to
reside there for one or two days
and nights in each week, " to per-
form prayeis and expositions in the
hall and to bring forward the
exercise of analyzing," . . . 312
His salary begins to run from Sept. 6;
Mather finally superseded, . .703
Degrees, power to confer, wholly vested in
Willard and his associates, . . 703
Index.
813
HARVEY, JOHN".
Of Araesbury, a ■wounded soldier; vote
allowinf; him £12, . . . 243, 634
his petition 633, 634
Burgeon's certificate; report of com-
mittee on petitions 634
HARWICH. {SccJolin I'ngnletj.)
HASTINGS, JOSEPH.
A soldier of Reading, resolve for allow-
ing him £10 for wounds received
in the service in 1690, . . .227
his petition 623
HATFIELD. (See John Coleman, Frontiers,
Indians, Land-Grants, Samuel
Partridge, John White, Wolves.)
Vote for annexing to, land on the west of, 88
Committee appointed to settle the north-
erly bounds of Northampton, . .153
Attacked by Indians July 15, 1698, . 605
HATHORNE, JOHN.
Lieutenant-colonel, of Salem, leads, in
September, 1696, a reUnforcement of
nearly five hundred men to the expe-
dition of Maj. Benjamin Church,
whom he supersedes, in the attempt
to talie Villebon's fort at St. John
after tlie loss of the frigate Newport,
his fleet consisting of tlie province
galley and a fireship, the royal frig-
ates Arundel, Sorlings and Oxford,
besides a merchantman fitted for
war 514
Hathorne's letter of acceptance, . . 513
A member of the committee to attend
Gov. Dudley on his voyage to Pema-
quid in 1702, 356
HAVERHILL OR PENTUCKET. {See
Thomas Duntun, Frontiers, Thomas
Hutchinson, Nathaniel Saltonstall,
Taxes, Wonalanset.)
Indians attack, Ang. 15, 1696, . . .638
March 15, 1696-7, 562
Aug. 1697 638
Feb. 22, 1697-8 590
HA"WLEY, JOSEPH. {See Indians.)
Allowance to him and Joseph Parsons
for iheir services and expenses in a
journey to Albany, .... 201
HAYNES, DAVID, {See Josiah Flynt.)
HAYWARD, JOHN. {See Postand Post-offices.)
HEAD, HENRY. {See Representatives, Daniel
Wilcok.)
HIGHWAYS. {See Connecticut lioad.)
Resolve declaring the meaning of the
act to prevent encroachments upon
highways, streets, etc., . . . 354
petition for, by Nathaniel Byfield and
Ebenezer Brenton 730
HILL, JOSEPH.
Proposal of, if encouraged by the gen-
eral court, to form such engines and
make such composition of fireworks
as will do greater spoil upon the
enemy (by sinking ships, etc.) than
any considerable number of men can
do 716, 717
Resolve for allowing him £20 for experi-
menting, and appointing a commit-
tee to disburse the sum, etc., . . 341
money paid to the committee, . . 717
HILLIARD, WILLIAM. {See Little Compton.)
HINCKLEY, THOMAS. {See Ebenezer Bren-
ton, Councillors, Land-Grants.)
Proceedings upon his petition for the lay-
ing out to him of two hundred acres
of land near Seaconnet, 75, 104, 174,
Resolve declaring that his claim to the
two hundred acres of land is a mat-
ter for the consideration of the judi-
cial courts and dismissinghis petition
Dec. 8, 1G98
Resolve appointing a hearing upon his
^ petition for the laying out of the two
hundred acres of land and ordering
. notice to the proprietors of Seaconnet
or Little Compton
Resolve for paying him £125, in full for
his public services, he relinquishing
to the province his claim to the two
hundred acres of land near Seacon-
net, formerly Tatamunnah's, .
HOLBROOK, WILLI.AM. {See Wolixs.)
HOLDEN, STEPHEN.
Allowance to, for repaying money
borrowed by him for the redemp-
tion of himself and his son from cap-
tivity, 225,
his petition alleging that he and his
two sons were captured by the In-
dians at Groton
HOLMES OR HOMES, JOSEPH. {See Ann
Essett.)
HOLMES, NATHANIEL.
Lieutenant of the castle in 1702; allowed
£30, he to instruct in the art of gun-
nery
HOLMES, NATHANIEL, JUNIOR.
Under-gunner at the castle; killed July
12, 1699, while firing a salute;
Bewall's account of the accident,
Resolve for paying his funeral expenses,
Capt. Fayerweather's bill of expenses,
HOPE, THE SHIP. {See Masts caul Mast-
Ships, Powder-Money, Tonnage of
Shipping.)
Takes despatches to England, Septem-
ber, 1696
HOPLEY, ELIZABETH. {See Robert Ilopley.)
HOPLEY, ROBERT.
Wages of, as gunner of the ship Ameri-
can Adventurer, in the expedition
against Canada, 1690, allowed to his
widow Elizabeth
her petition,
HOSTAGES, INDIAN. {See Caleb Ray.)
HOUSE OP REPRESENTATIVES. {See
Representatives .)
HOW, SAMUEL. {See Indians, Land-Gi-ants.)
HOW, THOMAS. (See Indian Titles.)
HOWE, ELIZABETH. {See Thomas Howe.)
HOWE, THOMAS.
Allowed £3 18s. for tlie redemption of
Elizabeth Howe, held in captivity
by an Indian, .... 280,
HOYT, JOHN.
formerly constable of Amesbury;
plundered and burned out by the
enemy 77,
Part of his collections remitted,
his petition, from Salem prison, . 465,
185
203
245
274
623
622
357
618
227
623
515
225
622
674
466
77
466
814
Ikdex.
HOYT, JOHN — conthmed.
The remainder remitted, and his bond
cancelled; his sureties, Nathaniel
Lovejoy and Joseph Hoyt, dis-
charged, 130
their petition 522, 623
HOYT, JOSEPH. {See John Iloyt.)
HUBBARD, WILLIAM.
Wounded in the king's service; resolv
reserving four hundred acres of land
to,
HUGH.
An Indian; gratuities voted to him and
his companions for repellinij, kill-
ing and capturing certain French
enemies
HUGUENOTS. {See French Protestant Congre-
gation, etc.)
Refugees from France after the revoca-
tion of the edict of Nantes; their
plantation of Oxford relieved by
suspending the collection of the
province tax of September, 1694, 58, 447
HUNNEWELL, BICHARD.
of York, a soldier several times wounded
in the arm ; incapacitated to labor;
£10 allowed for his present relief, .
Ilis petition
of Boston, mason, licensed to build a
wooden building in the northerly
2s:
166
143
557
268
243
HUNNEWELL, 'R1C11A.'R.T> — continued.
end of Boston ; presented to the
court of sessions for adding another
building thereto without authority
and recognized to demolish the
building according to sentence; he
ajiplies to the general court to be
discliarged of his recognizance,
Order granting his petition, and the
building permitted to stand,
HUTCHINSON, EDWARD.
Order directing his son Elisha to pro-
cure a survey of sis hundred acres
of land, including the three hundred
acres granted to him in 1674, .
HUTCHINSON, ELISHA. (See Castle
Inland, Commissioner for Stores of
War, Commissioners for War, Ex-
cise, Edward Hutchinson, Impost,
etc.. Naval Stores.)
Commissioner, with Nathaniel Byfield,
to Connecticut and Rhode Island to
solicit military aid, etc., in 1696,
Vote allowing him for his services in
that capacity, .... 158, 565
HUTCHINSON, THOMAS.
his error as to the date of the attack
on Haverhill, corrected, . . . 558
his error as to the date of the surren-
der of the fort at Pemaquid, 591, note
549
I.
IBERVILLE. {See d' Iberville .)
IDLENESS. {See Ministers.)
IMMORALITY. {See Acts and Laws, Min-
isters.)
Committee appointed to prepare bills
for redressing certain immoralities
complained of by the ministers in
their memorials, .... 135
the memorials referred to, . . 537-540
IMPOST, EXCISE AND TONNAGE OF
SHIPPING. {See Impost and
Tonnage of Shipping, Powder-
Money.)
Tonnage dues to be paid in gun-
powder, i'i
Elisha Hutchinson, Jonathan Cor-
win and John Walley ap-
pointed by the governor and council
to manage, for the year 1692; recog-
nized as in office by the act of 1693;
power of appointment transferred
to the general court in 1694, and
John Walley chosen ; Walley chosen
again in 1695; James Taylor chosen
in 1696; declines, and John Walley
again chosen, 595
Walley allo'wed for an overcharge in
his accounts, 1694 to 1696, . . 114, ?Q4
IMPOST AND TONNAGE OF SHIP-
PING. {See Piscataqua Ricer.)
Commission of, separated in 1697 from
commission of excise, . . . 595
John Walley chosen commissioner, , . 597
allowance to him for 1697, . . 192, 597
for 1698, upon making up his ac-
counts, 204, 611
IMPOST AND TONNAGE OF STITP-
FlTSiG — continued.
His accounts rendered and the grant
confirmed, 217,
impost remitted on rum imported in
the ship Providence, a wreck, .
petition of the owner, Robert Howard ;
account of rum, and marks on casks,
On such of the cargo of the ship Success,
stranded at Cape Ann, as appears to
be damaged by salt water, « .
petition of the freighters,
William Payne chosen Dec. 10, 169S, .
allowance to, for services and disburse-
ments,
again elected, under act of 1701-2; rent of
office room paid by the province, 292,
Drawback allowed to Penn Townsend
and Andrew Belcher of duties paid
on rum and wine exported, the
certificates of the commissioner of
the impost being lost,
the petition of the exporters,
order to the commissioner abating
the impost on some logwood, pait of
the cargo of the brigantine Mary,
wrecked off Marblehead, .
Petition of Samuel Lillie therefor, .
impost remitted on European com-
modities presented by King William
to the French church in Boston, 321,
Petition of Francis Foxcroft therefor, .
resolve for abating impost on forty
pipes of Madeira wine saved from
the cargo of the brigantine Lark, cast
away near Plymouth,
616
163
568
172
580
621
224
207
615
320
708
708
70S
337
Index.
IMPOST AND TONNAGE OP SHIP-
PING — (yiulinned.
petition of the owners, . . . 337, 715
Petition of Samuel and Epnphras
Shiimpton of Boston for abatement
of impost on loijwood saved from the
cari^o of tlu! hris^anliiie Weymouth,
wrecked off .Vimtncliet, . . . 730
resolve granting the abatement, 354
IMPRESSES. {See Addresses, Castle Island,
I'oyitl Xarij.)
INCEST AND INCESTUOUS MAR-
RIAGES. {See Ministers)
INDIANS. .
Friendlt Indians.
{See Peter Aspinwall, Thomas Eames,
Oospel, Hugh, Nutick, Oyer and
Terminer, Qtiabisconi, Spanish In-
dians, George Tahanto, Tatamun-
nah, Tiverton, Wonalanset.)
The Maquas or Mohawks attacked by
French and Indians from Canada,
February, 1692-3, .... 378
two hundred and fifty to three
hundred captured but subse-
quently released; their forts, or cas-
tles, and wigwams burned, . 378, 379
Gov. Fletcher's prompt move-
ment to defend them, for which the
Indians name him Cayenquiragoe,
or Great Swift Arrow; the enemy
retreat and Fletcher despatches a
messenger to convey an account of
the invasion to the governor of
Massachusetts, 378
members of the nation suspected of
the murders at Deerfield June 6,
1693; they are arrested and con-
fined; Maj. Pynchou's report con-
cerning; Gov. Fletcher's treaty
■with; he obtains their consent that
Massachusetts be a party; he writes
to I'hips concerning, . . . 380, 381
Maj.-Gen. Wait Winthrop and
Maj. John Pynchon appointed
commissioners, July 8, to represent
Massachusetts at the treaty, . . 25
Their compensation, .... 382
committee appointed to draught a let-
ter in reply to Fletcher; correspond-
ence between Phips and Fletcher, 381, 382
Phips's letter to Pynchon July 26,
advising the release of the prison-
ers; the Indians break jail and
escape; Pynchon's account of it;
the Maquas conciliated, . . . 382
rumor of alliance between the Ma-
quas and the French of Canada,
June, 1694, 437
Phips writes to Fletcher concerning
this rumor and the report that Fron-
tenac had sent commissioners to
effect the alliance; asks information
and advice; bad intluence of tlie
French on the eastern Indians;
increased danger of exposure to
them by the neutrality or opposi.
tion of the western Indians, . 437, 438
Writes also to the governor and council
of Connecticut; other correspond-
INDIANS — continued.
ence between Lleut.-Gov. Stough-
ton, Fletcher and the government of
Connecticut respecting a force to be
present at the treaty, . . . 438-440
governor and council authorized,
June 22, 16'.i4, to renew friendship
with the Maquas and other western
tribes; to appoint two agents to
them; to send them a present; the
expense to be borne by the prov-
ince ; Connecticut to be asked to join, 53
John Pynchon, Samuel Sewall
and Penn Townsendapi)oint.
ed in July, in the absence of Phips,
commissioners to attend the treaty ;
reappointed Aug. 2, after Phips's
return; their commissions and in-
structions; order on the province
treasurer for £250 for a present and
their expenses; Sewall and Town-
send, with the chaplain, Rev. Benja-
min Wads worth, set out Aug. 6;
are escorted from Boston to Spring-
field by a mounted body-guard ; and
thence to Albany by about sixty
men from Connecticut, under Capt.
Wadsworth of Hartford; the con-
ference is held at Albany Aug. 13;
Schuyler's narrative of the proceed-
ings; Wads worth's journal; com-
missioners return to Boston Aug.
31 ; failure to secure the Interposi-
tion of the Maquas against the
eastern Indians 440
Calamitous results to Massachusetts of
the neutrality of the Maquas, 441, note
Vote for approving the account of the
commissioners; the amount ordered
to be paid from the province treas-
u'T 57, 444
correspondence between Stough-
ton and Fletcher in 1695; in
July Fletcher asks assistance from'
Massachusetts for rebuilding forti-
fications, etc ; Stoughton lays the
letter before the general court; vote
of advice thereon Aug. 16 ; Stoughton
replies Aug. 24, after the attack on
Billerica and the fort at Saco,
explaining the harassed condition
of Massachusetts on the frontiers
and from French privateers, and the
consequent impossibility of comply-
ing with Fletcher's request, and in
return soliciting a renewal of Fletch-
er's order to the Albany Indians to
cease from trading and visiting in
the western settlements of Massa-
chusetts, 479
Fletcher receives propositions
of the Maquas made to the mayor,
etc., of Albany to prevent the
French from building a fort at
Cadaraqui, 479, 480
He transmits a belt of wampum and
asks for money from Massachusetts
for presents and ammunition for the
Indians; Stoughton submits the let-
ter to the council, , . . . 4S0
816
Index.
Indians — continued.
Stoughtoa writes Sept. 21 that the council
have voted to contribute £50 for
brightening the covenant chain and
encouraging the Maquas " to dis-
rest and prosecute the enemy," 4S0, 481
The money sent Sept. 30, ... 481
Five Nations; Bellomont in his opening
speech in 1700 declares that French
missionaries debauch them; that
bringing the eastern Indians into
subjection to the crown " is neces-
sary above all other things " ; report
of a committee on this subject, . 644
vote for affording religious instruction to,
and for promoting trade, etc.,
with, 254
Schaghticoke or River Indians sus-
pected of the murder of Richard
Church of Hadley Oct. 5, 1696; pre-
cautions taken by Massachusetts to
avoid giving offence to the Indians;
the sachems protest to Gov. Fletcher,
who interposes; the case exception-
ally grave 523
the Indians are tried before a special
court of oyer and terminer; two of
them convicted and shot, and two
convicted and held as accessa-
ries, 523, 525
Fletclier's anxiety to allay the resent-
ment of the River Indians, . . 527
His correspondence with Stoightou and
Addington; the commissioners pre-
pare a narrative of the case for him,
fully establishing the guilt of the
condemned, .... 528, 529
Stoughton sends the narrative to
Fletcher with a letter from Part-
ridge; Stoughton orders a bill to be
prepared for preventing inconven-
iencies by the Indians pretending to
be friends; act passed the next year
declaring that all Indians found
within twenty miles west of the
Connecticut River shall be deemed
enemies and treated as such ; defen-
sive compact with Connecticut, . 530
the general court propose an
address to Bellomont to induce the
Maquas to call off from Winnepe-
saukee and the White Hills the
Schaghticoke or other Indians under
their command, June 10, 1698, . . 186
Hatfield Indians and Indians of
New Roxbury (Woodstock,
Conn.) serve under Capt. Peter As-
pinwall, October, 1696, . . .525
proposal of two of the justices
of the court of oyer and terminer,
December, 1696, either to remove
Hatfield Indians to Albany (they
not to return on pain of death, and
liberty given to shoot returning
Indians at sight), or to banish them
to some island 526
Of Natick, their complaint against Samuel
Gookin and Samuel Uow; vote for
notifying the respondents, . . 81
committee appointed thereon, . . 94
INDIANS — continued:
vote for reserving to them one thou-
sand acres of land adjoining Sher-
burne, ISO
differences between them and the town
of Dedham ; order for a hearing on
their petition concerning, . . . 267
grant of land by, to Thomas Eames,
confirmed to his sons, . . . 326
At Tiverton, lands reserved for, . . . 322
In Peter Aspinwall's company include
four from Rhode Island, . . . 550
Of Dartmouth, soldiers under Uapt. Jethro
Church, in Maj. Benjamin Church's
regiment, in 1696, . . . 206, 612.
Eastern Indians, articles of trade with,
agreed upon at Casco Bay June 3,
1701 736-739
Hostile Indians.
{See Andover, Boniazeen, Ca2}tives,
Pasco Chubb, Benjamin Church,
Connecticut, Josej^h English, Hamp-
shire County, yeio York, Phineas
Parker, Post and Post-offices, Caleb
Bay.)
attack Amesbury in 1G90, . . 77, 465
Sir William Phips early takes measures to
defend the province from invasion
by ; he rebuilds the fort at Pema-
quid under the protection of four
hundred and fifty soldiers; Maj.
Benjamin Church leads a fruitless
expedition against, as far east as i
Penobscot; Indians renew their dep-
redations in 1693; expedition of live
hundred men under Maj. James Con-
verse; he builds a stone foi't at Saco
Falls 377
as commander-in-chief of the mi-
litia of Connecticut, writes to the
governor, etc., there for supplies and
men (one hundired English and fifty
Indians) as part of a " flying army,"
to move from Boston by the first of
March, 1692-3, to check and annoy
the enemy, and to repel an expected
Indian invasion on the eastern
frontiers, ...... 378
attempted treaty of peace w^ith,
1693, . . ... . . 378, 522
truce W^ith, in 1694, at Pemaquid, under
the command of Capt. John March ;
the Indians surrender captives, . 377
Canadian Indians, with the French, attack
the Indian allies of the English in
New York in February, 1692-3;
capture two castles of the Mohawks,
and are repulsed 378
return to Canada ; thirty eastern Indi-
ans with them ; their losses, . . 379
Murder at Deerfleld June 6, 1G93; Mo-
hawks suspected; certain Schagh-
ticoke Indians suspected ; charged
upon the Indians of Canada, . . 380
Attack Brookfleld July 27, 1693; account
of, by Pynchon to Phips, . . . 395
pursued and attacked with loss by Capt.
Thomas Colton; traces found near
Deerfleld by a scouting party ; a
Index.
817
INDIANS — continued.
force of thirty men under captains
Whiting and Welis confirra the
scouts' Burniise; Nortliampton and
lladley alunufd ; Capt. Partridge, in
a letter to Maj. Pynchoii, suggests
the enlistment of a body of rangers
to pursue them; Pynchon transmits
the letter to Stoughton, . . .389
action of the inhabitants of Deerfield ;
Partridge's letter and Pynchou's nar-
rative of the affair, . . 395, 396
order for allo'wing £50 and plunder
to the soldiers who served under
Colton, .... .34
Attack Groton in 1693 622
and again in 1694, . . . 439
Hostilities on the eastern frontiers
of little moment in 1694, the capture
of Boraazcen and other leading
Indians at Pemaquid furnishing a
subject for parley, and inducing
quiet, ...... 504
In New Hampshire that year the Indians
burn eleven houses and kill or cap-
ture above ninety persons, . . 439
They attack Billerica twice in 1695, kill
a sergeant of the garrison without
the walls of the foit at Saco, and
are seen lurking about the frontier
towns 479, 504
The abatement of hostilities availed
of by Lieut. -Gov. Stoughton in 1695'
to propose to the governor-general
of New France the suppression of
barbarities towards captives taken
from New England 504
Matthew Carey proceeds to Quebec to pre-
sent Stoughton's proposals, 504, note
his commission and instructions, 505,«o<«
his full proposals to Frontenac, . 504, 505
Attempted treaty of peace at Pemaquid,
1695, 522
A committee appointed in 1696 to report
on measures for securing the fron-
tiers and prosecuting the war, 505, 506
their report recommends that upon
return of the army from the expe-
dition to St. John, they put iu to
Pemaquid for orders to jsroceed to
the headquarters of the Indian en-
emy, and pursue them as there may
be opportunity and occasion ; the
representatives approve this report
and pass a vote of advice that the
governments of Connecticut, Khode
Island and New Hampshire be ap-
plied to, to join in the undertaking;
the council nonconcur, and vote that
the report '• be left for further con-
sideration,'" 506
A vote for better encouragement to
prosecute the French and Indian
enemy passed June 16, granting to
volunteer officers, etc., and their
companies, in addition to plunder
and bounties on scalps and prison-
ers, their pay, subsistence, trans.
portation, etc., while in the ser-
vice 116
INDIANS — continued.
bounties for Indians slain paid on
production of the scalp: for every
man killed or taken prisoner £50;
for any woman, or child under four-
teen years of age, £25; to be paid
from the province treasury, . . 116
Discrepancy between the original order
and the record as to the bounty for
women iirisoners, . . . 116, 507
expedition of Maj. Benjamin
Church started on this eacourage-
ment; sails from Boston Aug. 15,
1696; to be joined by Lieut.-Col.
Bartholomew Gedney's regiment
and Capt. John Turner's troop from
Salem, . 507
Resumption of hostilities after the
peace of Kyswick, .... 600
Haverhill attacked Aug. 15, 1696,
March 15, 1696-7, and August,
1697, 562, 638
Haverhill and Andover attacked
Feb. 22, 1697-8; five i)er6ons at
Andover killed, including Capt.
Pasco Chubb, .... 590, 591
Other outrages 590
Military commission appointed to pro-
ceed to Woburn and todetail one hun-
dred men to pursue the Indians, 590, 591
two Indians seized and brought to
Boston, .... . 591
Vote, Nov. 30, 1698, for sending a
vessel <o Kennebec River to con-
vey John Phillips and James Con-
verse to recover captives in the
hands of the Indians; Bomazeen
and two other Indians to be sent for
exchange 200
Bomazeen's petition for release; his
cruelty and implacable disposition;
his captivity a grievance with the
Indians 601
reluctance of Massachusetts to surren-
der him 602
Hatfield attacked July 15, 1698, by Indians
supposed to be from near Albany;
John Billing and two lads killed;
Pynchon reports the matter to
Stoughton, who informs Bellomont,
then at Albany; Pynchon directed to
advise with Samuel Partridge, Jo-
seph Hawley and others iu selecting
two persons to present the case to
Bellomont 605
Joseph Hawley and Joseph Par-
sons appointed ; they present their
credentials and a memorial to Bello-
mont, who conjectures that the In-
dians are from Canada; he writes to
the goveruor general of Canada and
to the lords of trade; Frontenac's
reply ; the commissiouere return ;
their account of disbursements, . 606
Order allowing £40 for their services and
expenses, ...... 201
Resolve for allowing and paying £22
to Benjamin Wright and thirteen
others for their services in pursuing
the Indians, ..... 198
818
Index.
INHIANS — <:oiitinue(J .
Stoughton's letter to the lords of trade,
June, 1701, respecting a treaty with
the eastern Indians, .... 681
Ricliard. Waldron writes to Gov. Dud
ley of the behavior of some Indiana
lately at Cocheco, and of his appre-
hensions of their ill designs; Dudley
sends out one hundred men in two
companies to protect the settlers
from Casco Bay to Haverhill, . . 745
Order of March 16, 1702-3, approving
the governor's intention, thanking
him for his care, and promising to
furnish subsistence for the soldiers, 368
INDIAN TITLES. (/See Dartmouth, Tliomm
ninckley, Indians, Daniel Wilcok.)
At Enfield, purchased by the settlers, . . 414
At Marlborough, order appointing a com-
mittee on the petition of Thomas
How of Marlborough to view lands
lying between Marlborough, Sher-
burne and Woolson's farm, and to
inquire into the claim thereto of
Joseph Robinson, an Indian, and
report 199
Resolve allowing How to purchase of
Robinson, ..... 21S
Indian plantation annexed to Marl-
borough 251
Grant of Natick Indians to Thomas
Earaes in 1076, 320
Lancaster authorized to purchase lands of
George Tahanto, an Indian saga-
more 353
INFAMOUS punishment: . {See Repre-
sentatives, William Vesey.)
A previous sentence to the pillory cause
for expulsion of a deputy from the
house of representatives, . . . 332
INFERIOR COURT OF COMMON
PLEAS. {See Elisha Cooke.)
In Duke's County, the justices of Martha's
Vineyard directed to answer before
the general court to the complaint of
Nathaniel Oliver of Boston, . . 110
Oliver's complaint that said justices
erroneously allowed a plea in bar to
an action brought by him against
Anthony Blaney for withholding
from him land on one of the Eliza-
beth Islands (Nau8hon),and refused
his appeal ; copj' of the writ Oliver
V. Blanej- ; return of service not
signed, 494
■writ entered Oct. 1, 1695; copy of the
record; Blaney jjleads in bar to the
jurisdiction; plea allowed by the
court; representatives resolve, on
Oliver's complaint, that the denial is
a grievance, and ought to be animad
verted upon and redressed; precept
issued to summon the justices to
appear, etc., and have with them the
record and process in the case;
return thereon by Joseph Norton,
marshal; Matthew Mayhew, one of
the justices, appears and justifies the
judgment, for that neither the com-
missions of the justices nor of the
INFERIOR COURT OF COMMON
PLEAS — continued.
marshal give them cognizance of
any matter or cause arising within
the Elizabeth Islands, , . . 495
This plea supported by the record; the
commissions granted under act of
1692-3, chapter 33, do not extend to
the Elizabeth Islands; new commis-
sions issued Oct. 10, 1690, extending
over the whole county, . . . 496
In Middlesex County, vote, June 9, 1696, ill
for removing from, to the general
court the case of —
Gove V. Gibson :
Gibson's petition therefor; hearing
thereon June 12, 1696, . . 496, 497
action of trespass for cutting trees in
Cambridge originally brought be-
fore Joseph Lynde, a justice of the
peace, Ill, 490, 49T
Copy of the justice's record; of the writ
and the return of service thereon;
plaintiff's evidence of possession;
defendant's plea of title; overruled
by the justice, who finds for the
plaintiff; the defendant appeals to
the inferior court of common pleas
at Concord in June, 1695; his rea-
sons ; plea of title ousts the justice
of jurisdiction by act of 1692-3,
chapter 33, section 1, . . . . 497
Gove's answer to the appellant's rea-
sons; the action brought under the
act of 1693-4, chapter 20, section 15,
which gives the justice jurisdiction
in cases of cutting trees where the
damage is under forty shillings; the
appellee recovers judgment on ap-
peal ; copy of record of, . . 498
Gibson applies to the lieutenant-gov-
ernor and council for relief, Septem-
ber, 1096; no action is taken, . . 496
At the hearing before the general court
Daniel Smith was sworn and ex-
amined 496, 497, 729
Smith's deposition, . . . 728, 729
The representatives vote that the writ
ought to have abated on Gibson's
plea of title to the land ; that;
Gibson was denied an apjieal upon
his plea to the jurisdiction; and that
he be enabled to bring his case by
writ of error before the next superior
court to be held in Middlesex, and
that the damage and costs of both
courts below " be determined with
the cause"; the council not con-
curring, and a conference pioposed
by the house being without result,
Gibson applies again to the general
court in October, 1702; his peti-
tion 729
The petition is read in the house
Oct. 20, and on the 21st it was re-
solved that the petitioner ought to
have a hearing before the whole
court at the next session ; vote of
the council concurred in by the
house Nov. 19, . . . . 354, 730
Indp:x.
819
INFERIOR COURT OF COMMON
PLEAS — conllnucd.
Gibson's petition to the aseemlily of
Miirch, 1702-3; proceedings thereon, 745
Resolve, March 18, postponing the
hearing to the second Wednesday
of the session in May, 1703, Gibson
to notify the adverse party, . . 369
The case finally settled in the superior
court of judicature, .... 498
vote, June 9, 1696, in the case of
Richardson v. Fowle, appellant,
declaring that relief ought to be
given to Joseph Richardson, senior,
of Woburn, from the judgment
against him on default on the
appeal of Isaac Fowle of Charles-
town from the judgment of William
Johnson, a justice of the peace; and
that the lieutenant-governor direct
" that the cause be sent for up," . Ill
Richardson applies to the general
court, February, 1695-6; he com-
plains that having recovered judg-
ment against Fowle before a justice
of the peace, and Fowle appealing
to the common pleas, the complain-
ant appeared with witnesses, and
the case being put off to the second
day, judgment by default was sur-
reptitiously and illegally issued
against him before the papers in the
appeal had been entered ; and prays
that he may be granted a fair
trial in any court of record in Mid-
dlesex, and his money returned to
him 498, 499
memorandum of the order of the
secretary, March 3, 1695-6, that the
petitioner have a hearing the next
session, 499
Copy of the record of William Johnson,
justice, of Fowle's reasons of appeal ;
and of the record of Matthew John-
son; vote of the general court that
the petitioner have a hearing at the
next session; June 5, 1696, the house
vote that the petitioner ought to be
relieved, and, on the 12th, that the
house proceed to hear the case,
the justices of the court of common
pleas being present; alVulavit of
Matthew Johnson ; vote that the peti-
tioner ought to be relieved, etc., 497, 499
INFERIOR COURT OF COMMON
PLEAS — coriUuitf'd.
June 15 the house vote to debate
the case; that the judgment of the
court of cotnraon pleas was errone-
ous "for that no action lay before
that court"; that satisfaction be
made to Richardson for the costs of
court " by the justices concerned in
the cause"; and that the appeal be
brought forward by Fowle, the ap-
pellant, at the nest inferior court at
Concord; the council nonconcur, .499
The house propose a conference to
which the council agree; held, after
repeated postponements, but no
agreement reached, .... 729
Richardson applies to Bellomont to
urge the general court to revive
the matter and furnish him the re-
lief prayed for; his petition dated
Feb. 1, 1699-1700; no action upon it, 5C0
In Bristol County, justices of, notified to
appear before the general court
March 5, 1700-1, and answer to the
petition of Thomas Coram; other
parties to be notified, . . . 269
INTEMPERANCE. (See Ministers.)
In the use of intoxicating liquors, me-
morials and addresses of ministers
against, 537, 538
evil effects of, portrayed, . . 537-540
IPS"WICH. (See Francis Cnimpton.)
IPSWICH FARMS.
Vote on the petition of, to be joined to
Topsfield in supporting the minis-
try; Ipswich to be notified, . 23, 25, 35
order establishing boundary of, . . 73
IRON-'WORKS. (See Oliver Purchis.)
ISLANDS.
In Merrimac River between Salisbury and
Newbury; the larger (Carr's) to be
annexed to Salisbury, the other
(Ram) remaining to the colony;
ordinance of 1648, . . .398
Carr's Island granted to George Carr
in 1640 399
Ram Island granted to Carr in 1655, . 401
Deer Island and Eagle Island to remain
to the colony; timber on, granted
to Carr for the use and repair of
his tloating bridge, but the herbage
and underwood to be to the town of
Balisbury 402
J.
JACKSON, BENJAMIN. {See Bella-
mont, John Bridger, Surveyor of
Woods.)
The friend and private secretary of Sir
William Phips; is with him in Eng-
land, 588
Bears despatches to England in the ship
Hope, September, 1696, . . . 515
Is with Bellomont upon his arrival at
New York; writes to the govern-
ment at Boston 583
JACKSON, BENJAMIN — co«i!i7ji«et?.
Is nominated by Sir Henry Ashurst one
of the purveyors of naval stores and
a surveyor of woods, .... 588
JACKSON, THOMAS.
Of I'iscataqua, allowance to, for the ser-
vices of his son Thomas, a minor,
who served on board the ship Six
Friends on the expedition against
Canada in 1690, and died in the
king's service, 268
820
Index.
JACKSON, THOMAS - coniinuerl.
his petition; ceiliticate of Gregory
Sugar; report of the committee ou
petitions, 656
JACOBITE. (See Wiina7n Vesei/.)
JENEBY, LBTTIS. (.See Taxes.)
JEWETT, NEHEMIAH. (See liepreaenta-
il'ves.)
JOHNSON", WILLIAM. (See Inferior Court
o.f Common Pleas.)
JONES, JOHN. (See Lancaster.)
JONES-RIVER BRIDGE. (See Bridges.)
JOURNAL.
To be kept both by the chief officer and
JOURNAL — continued.
the clerk of every company of volun-
teers 116
JUDGES. (See Inferior Court of Common Pleas,
Superior Court of Judicature, etc.)
JURY. (See Trial by Jury.)
JUSTICES OP THE PEACE. (See Fees,
Walter Shepard.)
fees of, in sessions to be paid out of
the lines 11
jurisdiction of, in trespass for
cutting and carrying away timber
■when defendant pleads title to the
land Ill, 497, 498
appeal from, in criminal libel, . 168, 575
K.
KEAYNE, ROBERT. (See Elisha Cooke.)
KITTERY. (See Bericick, Frontiers, Newicha-
wannock.)
A frontier town, harassed by the
enemy, 59
Notified to appear and answer to the
KITTERY — continued.
petition of the inhabitants of the
precinct of Berwick, .... 229
hearing postponed, . . . 243, 269
KNIGHT, JOHN. (See Post aiid Post-offices.)
KNILL, PHILIP AND RUTH. (See Slaves
and Slavery.)
L.
LANCASTER. (See Frontiers.)
A frontier town 446, 674
Allowance of £20 to, from the province
treasury for fortifications, . 58, 446
petition therefor, 445
Repeatedly attacked by the Indians; in-
habitants massacred; Rev. John
Whiting, minister of, and twenty
others, killed Sept. 11, 1697 ; petition
of the inhabitants of, for remission
of tax, and for aid in procuring
and settling a minister, . . . 574
Allowance of £20 from the province
treasury in 1697 towards the main-
tenance of a minister for one year, 168
Rev. John Jones settled and receives
the pay 575
Order permitting the town to purchase
land adjoining Wachusett Ilill of
George Tahanto, an Indian saga-
more 353
LAND-GRANTS. (.Sec Ebenezer Brenton,
Dartmouth, Sandwich, Suffield, Na-
thaniel Thomas, Waquoit, Wells.)
Grant of land, to John Wheelwright, . . 31
to Samuel Sewall and wife, 32, 89, no
the plantation of Woodstock con-
firmed to Joseph Dudley and others, 35
to Nathaniel Thomas, a piece of land
in Plymouth 64
to Sir Henry Ashurst, agent of the
province, ..!... 84
to James Russell 90
at Natick, seventeen hundred
acres confirmed to Samuel Gookin
and Samuel How, . . .81, 130
to the heirs of Richard Beers, . 165
to William Habberfield, . . .197
LAND-GRANTS — continued.
to Edward Hutchinson, . . .243
to John Whiting, 244
to Jonathan Wade, . . . .249
to William Hubbard 287
to Springfield, 303
to Thomas Eames 320
to the heirs of Herbert Pelham
and Thomas Walgrave, . . . 361
to the heirs of Simon Bradstreet, 361
to SuflBeld for the ministry, the town to
grant an equal quantity to Benjamin
Ruggles 370
for the Indians of Tiverton, . . 322
prayed for by Samuel Varnum,
Edward Cobourne and others, on
Merrimac River 33
hearing' appointed on the petition of
Thomas Hinckley for land near
Seaconnet, . 75, 164, 174, 185, 203, 245
committee appointed on the petition
of Eleazar Frary for lands for Hat-
field, 77
LARK, THE BRIGANTINE. (See Impost,
etc.)
LARRAMORE, THOMAS. (See Prisoners of
War.)
Sets out by command of Gov. Dudley on
a cruise against the French enemy,
July, 1702, and returns with prizes
in October, 744
LAWRENCE, ENOCH.
Of Groton, a soldier, wounded in former
Indian war, 349
Resolve exempting him from taxation,
and granting him a lite pension of
£3 per annum, .... 348, 721
his petition, 721
Index.
821
LEGG, SAMUEL.
Allowed £,22 on account of freight on
soldiers' clothing, etc., forced upon
His vessel, the Barbadoes Merchant,
in 1G8G, from the frigate Kingfisher, 291
His account of charge 678
referred to the committee on deben-
tures 678
LEGISLATIVE LISTS.
Prepared by Isaac Addington, secre-
tary of the province, 7, note, el seq.;
1692-3, 5-8; 1693, 19-21; 1693-4, 29,
30; 1694-5, 43-45; 1695-6, 71-73;
1696-7,103-105; 1697,147-149; 169S,
179-181; 1«99-1700, 211-213; 1700-1,
237-239; 1701-2, 283-285; 1702, 331-
333 ; 1702-3, 365, 366
LEGROVE, PETER.
Of Wenham, a soldier, wounded in the
service, under Capt. Daniel Rindge;
allowance to, of £3 per annum for
three years, .... 230, 625
his petition ; certificates of the surgeon
and Capt. Rindge, .... 624
report of the committee on petitions, . 625
LEONARD OR LEONARDSON, SAM-
UEL.
A captive escaped from the Indians,
allowance to 153, 562
LEVERETT, JOHN. {See Acts and Laws,
Representatives.)
LEWIS, ROBERT. (See Sir Edmund Andros.)
LIBERTY OF THE SUBJECT. {See Pasco
Chubb, General Sessions of the
Peace, Slaves and Slavery, John
Wilkins.)
LICENSE. {See Excise, Nathaniel Hall.)
LIEUTENANT- OR DEPUTY-GOV-
ERNOR. ( See Admiralti/, Thomas
Povey, Service, William Stoughton.)
full ofHcial title of, .... 5
Williara Stoughton, acting-governor
1695-8 inclusive, and 1700-1, 71, 103, 147,
179, 237, 283
LIEUTENANT- OR DEPUTY-GOV-
ERNOR — contiytned.
Allowance to, 78, 117, 156, 191, 217, 275, 467,
511. 564, .594, 616, 672
Thomas Povey appointed; sworn into
ollice June 11, 1702 331
Allowance to 359, 734
He returns to England, 1705, . . . 331
LILLIE, SAMUEL. {S^-e Impost, etc.)
LIMERICK, THOMAS DONGAN, EARL
OP.
Formerly governor of New York, claims
the territory between the Kennebec
and St. Croix rivers; his petition to
the lords of trade; answer of Henry
Ashurst, 685
LITTLE, ISAAC. {See New Plymouth .)
LITTLE COMPTON OR SEACONNET.
{See Bridges, Constables, Davt-
mouth. Representatives.)
Order reducing the limits of, and provid-
ing for the separate choice of a con
stable by Puncateese, Nunaquaket
and Pocasset, .... 15, 375
Allowance to William South worth, Dan-
iel Eaton and William Ililliard, late
constables of, for charges and ex-
penses'in serving processes in Rhode
Island 157, 565
LLOYD, JAMES.
On the committee to receive claims for
wages, etc., in the time of Sir Ed-
mund Andros 620
LORD'S DAY. {See Ministers.)
LOTHROP, BARNABAS. {See New Plym-
outh .)
LOVEJOY, NATHANIEL. {See John IToyt.)
LUFKIN, JACOB. {See Timothy Phillips.)
LUXURY. {See Ministers.)
LYNDE, JOSEPH. {See Inferior Court of
Common Pleas.)
LYNN OR SAUGUS.
Oliver Purchis, clerk of the iron-works
there 677
M.
MACKEY, BENJAMIN. {See Poicder- Money,
Tonnage of Shipping.)
MACKLAFFLIN OR CLAFFLIN. {See
Sir Edmund Andros.)
MAHQUOLOSS. {See Strawberry.)
MAHWEENESS OR WAHWEENESS.
{See Oyer and Terminer.)
An Indian, tried for the murder of
Richard Church 524
MAILS AND MAIL SERVICE. {See Post
and Post-offices.)
MANLY, WILLIAM. {See Boston.)
MAP. {See Cyprian Sovthack.)
MAQUAS OR MOHAWKS. {See Indians.)
MARBLEHEAD. {See John Calley, Forts and
Fortifications, Fish ing-Boats.)
£40 allo'wed for repairs of fortiflcations
in, and for stores of war, provided
the town expend £60 more for said
service, "^19
MARBLEHEAD — continued.
report of a committee on fortifica-
tions in 1694-5; petition of the town
signed by the selectmen by order, . 706
warrant for payment of the allow-
ance, 707
pOTWder-money received by the impost-
officer there applied to the use of
the fort 351, 726
MARCH, JOHN. {See Ferries, etc., Indians.)
Captain and major; he commands the
fort at Pemaquid in 1693, . . .377
he commands an expedition to the
eastern frontiers, June 19 to Oct. 25,
1697 ; proceeds by water, the fleet
sailing from the Merrimac ; his force
consists of five companies of militia
besides a company from Connecti-
cut under Capt.Whiting; first objec-
tive points, York and Saco, the
822
Index.
M ABCH, JOHN" — continued.
design being to forestall a desceDt
of the French and Indian enemy on
the frontiers; after reconnoitering
in the vicinity of York and Wells,
his force reembarks and sails for
Casco Bay and the mouth of Dam-
ariscotta River, where on the 9th of
December he has an engagement
with the enemy; the enemy, driven
from the field, take to the woods or
escape in canoes; losses on both
sides, 571
After this encounter he returns to
York ; Capt. Whiting accompanies
him 552, 553, 571
Bends express to lieutenant-governor;
messenger reaches Boston Sept. 1.3;
council called together on the 1-lth;
another expedition proposed to fol-
low up the work; committee ap-
pointed to visit the camp to confer
with March and others in command
upon the further prosecution of the
enemy, and "to animate and en-
courage " the soldiers ; Gedney, who
was nominated, declines to serve on
the committee ; Phillips and Byfield
accept, 571
Whiting's men decline to serve longer;
Btoughton appeals to the governor,
etc., of Connecticut to have them
continued in service, but the re-
quest is denied; Btoughton dis-
misses them with a letter of
thanks, 553, 554
The entreaties and promises of the
committee fail; the coraraissioners
return, and the exiiedilion is aban-
doned 572
The account of the expenses of com-
missioners rendered, allowed and
paid 165, 572
MARLBOROUGH. {See Richard Beers, In-
dian Titles.)
Order for annexing a former Indian
plantation, 251
MARSH, JONATHAN. (See Wolves.)
Selectman of Iladley in 1694, . 109, 489, 490
MARTHA'S VINEYARD. (See Inferior
Court of Common Pleas, Provincial
Navy, Taxes.)
Arrears of taxes in, to be remitted, in
consideration of the inhabitants for-
tifying, etc 124, .516
MARY", THE BRIGANTINE. {See Impost,
etc.)
MARY, QUEEN", {SeeNeio York, William III.)
tidings of her death confirmed May 14,
1B9.5, 418
MASON. ARTHUR.
Commissioner to New York from the
colony of Massachusetts Bay ; the
object of his mission; correspond-
ence between the governor and
assistants of Massachusetts and
Anthony Colve, governor-general of
New York 691
Maeon is paid by the colony £5 for the
loss of his horse, .... 692
MASON, A.'RT'B.XJ'R — continued.
he prays for further allowance; his
petition 691
resolve granting him £5 10s. in full
satisfaction, etc., .... 302
warrant upon the province treas-
urer, 692
MASON, STEPHEN. (See Conncillors.)
MASSACHUSETTS BAY, COLONY OP.
(See Bills of Public Credit.)
Committee appointed to audit accounts
of, 10, 375
to audit accounts of the treasurer of
the colony 25, 383
MASTS AND MAST-SHIPS. (See Ad-
dresses. Royal Navy.)
Two mast-ships arrive under convoy,
February, 1694-5 418
The arrival of others expected, . . 448
Two more arrive at Boston in May, . 472
The Hope and the Bear, . . . 465
MATHER, COTTON. (See Election Ser-
ino?is, Witclicraft.)
MATHER, INCREASE. (See Agetits of the
Colony, Election Sermons, Harvard
College.)
His agency in England, . . . 427-429
he returns with the governor. Sir Wil-
liam rhips; thanksgiving for their
safe arrival, 9
his ambition to be the controlling head
of Harvard College 608
appointed president in 1685; the char-
ter of 1692, making him the first
president, with a board of fellows
and a treasurer of his own selection,
without restriction as to residence
and with power of self -perpetuation,
acceptable to him, .... 452
Named president in the charters of 1697
and 1700 258
Chosen president in 1700, . . . . 25j
Charter of 1692 disallowed by the
privy council; bill ror a charter in
1696 opposed by him; he desires to
be sent to England to negotiate a
charter to his liking, or, failing
therein, to arrange for settling in
England ; he manages to retain the
presidency without complj'ing with
the desire of both branches of the
legislature, repeatedly expressed,
that he remove to and reside in
Cambridge; viz., —
In the abortive bill of Feb. 16, 1692-3, . 452
By the vote of the representatives, Nov.
29,1693, 608
and again June 15, 1695, „ . . 467
By the bill of a charter in 1696, provid-
ing for his residence at the college,
which he opposes; this bill enacted
June 4, 1697, the non-residence clause
not to operate until the charter is
approved by the privy council; the
act disallowed ; the representatives
do not repeat their request during
the pendency of this bill, . . . 504
By both branches Dec. 7, 1698, 202, 608, 609
and again July 10, 1700, . . 255, 644
and again Aug. 1, 1701, . . . 697
Index.
823
MATHER, INCRTHASK- co,iH,uie>l.
By tho repiesc'iUiilives Sept. 5, 1701; the
council disregard tliis vote and invite
Samuel Willard, vice president, to
take cliarKe of tlie college ; tlio house
concur; Willard eventually acceiJts
and Matiier retires, .... 703
Salary not fixed by tlie charter of 1692, , . 452
allO'Wed. for his services as president in
1G02-.",, £100; order in council for, . 452
In 1693-4, £50 60
warrant to tlie province treasurer, 452, 453
In 1694-5, £50 78, 467
In 1695-6, £50 115
In 1696-7, £50, 156, 564
In 1697-8, £50 191, 594
Salary fixed at £200 per annum as an induce-
ment to his removal to Cambridge, . 202
JS,250 in the original draught by
the council, but the house non-
concurred ; he declines, . . 608, 609
allowed, for his services in 1698-9,
£50, 219, 616
In 1699-1700, £50 261, 652
Salary fixed at £220 per annum, July 10, 1700,
on condition that he reside in Cam-
bridge ; he removes thither, . . 255
allowed to him for sis months' service and
residence in 1700-1, £110, . . 645
disingenuousness of his profes-
sions to Bellomont; he induces
the corporation to send one of the
fellows to Bellomont to use his
influence with the legislature for
Mather's appointment to the agency ;
Bellomont at first falls in with the
project but on coming to Boston
and obtaining further information
changes his mind; Bellomont ac-
cepts the invitation of the general
court to procure the charter himself;
upon information from Ashurst of
the probable approval of the charter
of 1697, Mather urges postponement
of proceedings before the privy
council until his arrival in England;
he gets the corporation to apply to
the general court for a salaried vice
president to reside at the college
and perform the duties of president
in his absence ; the petition, . . 609
MATHER, WARHAM.
son of Eleazar and nephew of Increase, 693
His letter to Josei^h Hawley giving an
account of his services at Northfield
in the time of Sir Edmund Andros,
and declaring that he has received
no pay 692
resolve for allowing him £15 therefor, . 303
MATSON, ELIZABETH. (See Aim Essett.)
MAXIMS IN LAW.
" A good motion never dies in parlia-
ment," 500
" Laws ought to look forward not back-
ward," 510
MAXWELL, JAMES. {See Messenger, etc.)
Allowed £5 for attendance upon the
committee to receive claims of
wages, etc., in the time of Sir Ed-
mund Andros 276, 672
MAYHEW. MATTHEW.
Clerk ol the courts In >rartha'H Vine-
yard, 4^5, 496
MEBRS, JAMES.
A tavern-keeper in Boston, . . . 140
his tavern on School Street, . . 644
Order for paying him for entertaining
a committee of the general court, . 140
his account of charges, .... 545
MEMORIAL TO THE KING. (.SVe Ad-
di'eases.)
MENDON. (See Tuxen, Wolves.)
MERRIGONEAG- NECK. (See Samuel
Sewall.)
MERRIMAC RIVER. (See Bridges, Ferries,
etc.. Inlands, John Murth.')
Peter Aspin wall's company of Indian
scouts range the river in 1697, . . 560
MERRY, SAMUEL. (See Tisbury.)
MESSENGER AND DOORKEEPER OF
THE GENERAL COURT.
James Maxwell the only oflicer in attend-
ance until the appointment of Henry
Emmes as messenger to the repre-
sentatives Feb. 23, 1693-4, 8, 21, 30, 458
to the council in 1694-5, . . . 45
to the lieutenant-governor and
council, and of the house
of representatives, 1695-6, . 73
to the lieutenant-governor and
council in 1696-7 and in 1697, 105, 149
to .the lieutenant-governor and
council, and doorkeeper to
the house of representa-
tives in 1698, 181
to the governor and council, and
to the general assembly in
1699-1700 213
doorkeeper to the governor,
council and general as-
sembly in 1700-1 and 1702, . 239, 333
The same to the lieutenant-governorand
the same in 1701-2 285
The same to the governor and general
court 366
allow^ance to, for services, 66, 96, 139, 173,
192, 205, 220, 232, 298, 340, 346, 458, 488,
581, 594, 612, 617, 625, 683, 716, 718
His petition in 1693; allowance to him
by order of the council, exclusively,
voted a grievance by the representa-
tives 458
warrant for a payment to, in 1695, . 459
Henry Emmes appointed messenger to the
representatives Feb. 23, 1693-4, . 30
messenger of the house of rep-
resentatives in 1694-5, . . 45
In 1696-7, 105
In 1697 149
In 169S 181
allow^ance to, for services, 62, 67, 144, 157,
205, 454, 460, 544, 565, 612
His account of travel, . . . 558, 565
Robert Gutter idge (or Goodrich) a
special messenger in 1696-7, . . 105
allowed for a journey to Plymouth, . 144, 558
Previous payment to, ... . 558
John Arnold a messenger to the house of
rep resentatives :
allowed £3 lOs 23D, 277, 673
824
Index.
MESSENGER AND DOORKEEPER OP
TEE GENERAL. COURT
— continued .
Elkanah Pembrook:
The same, 239, 277, 673
Simeon Messenger :
The same, 239, 27S, 673
MESSENGER, SIMEON.
A special messenger of the house of
representatives in 1700-1, . . . 239
MILBURY, HENRY.
Allowed for billeting soldiers in 1690
and 1691 186
MILITIA. (See Connecticut, Service.)
resolve authorizing the commander-in-
chief to transport the railitia of the
province to the province of New
Hampshire in the vacancy of the
general court, .... 299, 340
Also into the neighboring provinces, in-
cluding New York 361
This last resolve being sent to the house
bj' the council, the house struck out
the words " New York," which had
been inserted, and limited the time
of transportation to the beginning of
the next assembly ; the council sent
back the amended resolve for re-
consideration ; the house returned
it with the words " New York " still
omitted; the council then sent it
down by a committee instructed to
show the house former acts in which
New York is particularly men-
tioned ; the house reconsidered its
vote and restored the words " New
York," whereupon the council " re-
called " the resolve and passed it
with the house amendment limiting
the time, 741
MINISTERS.
Memorials of, asking for a law to prevent
inhabitants of towns defeating
church members in the choice and
settlement of ministers; a council of
three or more neighboring churches
recommended to be represented by •
messengers, 537
they recommend the passage of acts
against immorality: adultery and
polygamy, atheism, blasphemy,
cursing, drunkenness, extravagant
living (luxury), idleness, incest,
incestuous marriages, intemperance,
profanation of the Lord's day, or
Sabbath-breaking, pride, profanity,
rebellion (against authority), haunt-
ing of taverns, uncleanness, . 537-540
MINISTERS —co?t!!i7iKf(f.
committee appointed to prepare a bill
in conformity to this recommenda-
tion, 135
The passage recommended of an act to
prevent the rite of baptism from
working the emancipation of slaves, 537
Precedence of, over the representatives,
according to ancient usage, not
regarded in the procession on the
occasion of proclaiming Queen Anne
in 1702; the clergy offended, accord-
ing to Rev. Samuel Willard, . . 714
MINISTRY. (5<e Berwick, Brookfield, Beer-
field, Bunstable, Frontiers, Garri-
sons, Ipsioich Farina, Springfield,
Stoic, Suffield, Watertown, Wells,
York.)
Ferriage over the Merrimac to be free
to the minister of Salisbury and his
family, 401
MINOT, JAMES. {See Walter Shepard.)
MINOT, STEPHEN.
On account of the small-pox in Boston,
the general court of 1702-3 sit in the
house on Boston Neck owned by
him and occupied by John Walker, 748
Resolve for allowing and paying him
£5 for firewood to accommodate the
general court 372
MINT (IKT LONDON), THE. (^See Copper
Money.)
MOHAWKS OR MAQUAS. {See Indians.)
MONCK, GEORGE.
Keeper of the Blue-Anchor tavern in
Boston; its location 564
Allowance to, for entertaining the
deputy-governor and assistants of
the colony in 16S6 154
his account of charges; JohnDuntou's
commendation of, .... 564
MOODY, SAMUEL. {See York.)
Minister at York 222, 619
the inhabitants build him a house, . 636
allowance to him from the province
treasury, . . 222, 247, 636, 637
MOOR, BENONI. {See Hampshire County.)
MOORE, SAMPSON. {See Ann Essett.) ,
MORGAN, DAVID. {See Taxes.)
MOULTON, JEREMIAH.
Allowed for billeting soldiers in 1690
and 1691 185
MOUNT HOPE. {See Bristol,. Tohn Walley.)
MUDDY RIVER (BROOKLINE),
Resolve refusing the petition of the
inhabitants of, for confirmation of
an order exempting them from local
taxes 187
N.
NANFAN, JOHN". {See Castle Island.)
NANTUCKET. {See Provincial Xavy, Priva-
teers, Taxes.)
Costof , as a frontier ; Gov . Fletcherclaims
jurisdiction over, for New York, . 377
Arrears of taxes remitted in considera-
tion of the inhabitants fortifying, . 124
petition therefor 516
NASH, THOMAS. {See Wolves.)
NASHOBA.
Resolve appointing a committee to exam-
ine, etc., and to lay out one thousand
acres there to Sir Henry Ashurst, . 199
Order for laying out the same, and order
on the petition of Joseph Estabrook
and others for a township there,
and for a committee to view and
report, etc 24ft
Index.
825
NASON, BENJAMIN.
£4 iillowud to, for reiraburBing the sum
he paid Thomas Ilutchings who
redeeinoil IiIh daughter Sarah from
the Indians, 301
his petition ; referred to the committee
on petitions; committee's report;
his account of expenses; Hutchings's
receipt; order in council for paying
the allowance 689
NASON, SARAH. {See Beiijamin Nason.)
NATICK. {See Dedham, Indians.)
Boundary between Dedham and, vote
appointing a committee to settle,
etc 245
order for continuing and further direct-
ing the committee, .... 250
Order appointing a hearing of the differ-
ences between the Indians there and
the town of Dedham, . . . 267
Resolve referring to a committee the
petition of Hopestill Bent and
others for leave to purchase lands
of Indians at 348
Vote approving report of the committee
and for refusing their petition, . . 352
NAUSHON. {See Inferior Court of Common
rieas.)
NAVAL OFFICER. {See Poieder-Money.)
William Wel9teed,as naval otUcer of the
port of Boston and Charlestown,
allowed for his services in collecting
powder-money 84
his account, .... 474, 475, 476
list of vessels, .... 475,476
NAVAL STORES. {See Addresses, John
Bridger, Sir Matthew Dudley,
Masts and. Mast-Ships.)
Acts of parliament for encouraging the
production and importation of, into
the kingdom ; a wise policy sug-
gested by Sir Stephen Evance or
Evans, a native of Ifevv Haven, Con-
necticut, 442
Vote for sending a ship-load of, to Lon-
don; £480 appropriated from the
province treasury for procuring;
Bartholomew Geduey, Elisha
Hutchinson, John Walley and
James Taylor appointed a com-
mittee to procure ; £1,000 in all to be
invested in; to be sent to Sir Henry
Ashurst, agent of the province, in
lieu of money, . . .56, 444, 448
the committee to provide for speedily
transporting 59
Ships Hope and Bear employed to trans-
port, 76
Contract for supplying ship-timber, . 449
Committee appointed to report the quan-
tity that may be annually sent to
England 76
report of the committee, . . 471,472
Certificate to the privy council concern-
ing, by the lieutenant-governor and
assembly, 81, 82
offering fifty tons of rosin, one hun-
dred and fifty tons of pitch and tar,
two thousand tons of timber, one
hundred thousand feet of oak plank,
NAVAL STORES — continued.
and more, after the troubles with the
Indians have ceased, . . . .82
John Bridger and others appointed
purveyors of 587
NAVIGATION, FREE, {See I'iscalaqua
JUi-er.)
NAVY, PROVINCIAL.
The province galley ; resolve for fitting
out a vessel to cruise in Martha's
Vineyard sound, . . .14, 375
£500 granted for equipping, to protect
Nantucket and other coasts from
privateers 47, 418
wages of officers and men in,
increased (1097), .... 170
mounted -with guns and a suitable
number of oars 416
account of charge of building and
equipping, amounting to £1,022 4«.
6(/., paid by order of the council, . 417
to cruise between Block Island and Mar-
tha's Vineyard in 1694-5, . . . 417
Connecticut asked to furnish twenty
men for; reply of Secretary Allyn;
Gov. Treat declines until action is
taken by the general court; the
court offer fifteen men armed, but
without ammunition; Stoughton's
letter urging compliance with the
request of Massachusetts (February
to May, 1G94-5), 418
one of the fleet to the river St. John,
September, 1C96, .... 514
use of, allowed to the purveyors of naval
stores ■ • 594
conveys commissioners to treat with
the Indians at Casco Bay in 1701, . 736
fitting up of, committee appointed to
receive account of sums due for, . 226
A ketch from Salem, June, 1694-5, bears
despatches to Capt. Taylor of the
Nonesuch at St. John River, . . 48
In the expedition to Canada in 1690 :
the pink Mary, impressed into the ser-
vice; her owner, Jonathan Bal-
stone, senior, allowed for supplies
furnished to her by him, . . . 125
His petition and account, . . . 517
the ship America Merchant, . 225
the ship Swan, .... 169, 579
the ship Six Friends, . . . .656
the hospital ketch Mary Ann, . 656
Seamen in the king's service, in
1695-6, to receive thirty shillings
each, per month, . . . 96, 487
w^ages of, regulated, . . 133, 134, 535
NAVY, ROYAL. {See Addresses, Bay of
Fundi/.)
The Nonesuch, man-of-war, from England,
Capt. Thomas Taylor commander,
at Boston, March 10, 1692-3, and at
(he Bay of Fundy, June 12, 1695, 48, 375
The governor and council, Nov. 16,
1693, ask for two frigates of the reg-
ular navy to be stationed here, . . 32
The Sorlings, Capt. Fleetwood Emes,
and the Newport, Capt. Went-
worth I'axton, detailed for that ser-
vice, 416 a7id note
826
Index.
NAVY, ROY AIj — continued.
ttiey are manned by the prov-
ince ; in July, 1693, the Newport
is on a cruise, and the Nonesuch
cruises between Block Island and
Martha's Vineyard; is succeeded
there in 1694-5 by the province gal-
ley, which is of lighter draught,
The Newport to convoy transports with
regular soldiers from Boston to New
York, May, 1695
she engages a French frigate in the Baj
of Fundy
Is forced to retreat,
The Newport and Sorlings both cruise
in the Bay of Fundy in 1695, .
they return and report by Aug. 24, 1695,
A man-of-war of forty-six guns arrives
as convoy Feb. 4, 1694-5, .
The Newport captured by the enemy in
1696, and by them turned against the
fort at Pemaquid, ....
naval armament fitted out to retake
her; the royal frigates, the Arundel,
the Sortings, the Orford, the prov-
ince galley and afiresLip; the enemy
elude thera in a fog; the Arundel
and a small provincial fleet trans-
port Lieut. -Col. Hathorne's forces
to St. John River, September, 1696, .
The general court address the king,
September, 1696, for an increase of
the naval force here for coast de-
fence and as a convoy to merchant
vessels to and from the West Indies
in the winter to bring salt, . 123,
the SorlingS carries this address and
other despatches to England, .
The Orford on her return from the expedi-
tion to St. John River captures the
Sieur de Villieu, ....
The Deptford bears despatches to England,
November, 1694,
and in November, 1698,
brings over Bellomont and the purveyors
of naval stores, etc
Her long voyage; puts in at Barbadoes,
The Kingfisher, frigate, brings Sir Edmund
Andros; charge for dry-docking
her 648,
freight from, impressed on board the
Barbadoes Merchant, Capt. Samuel
Legg
The Centurion arrives at Marblehead June
10, 1702, bringing Gov. Dudley;
sails to Boston June 11, . . 331,
The Gosport, ship of war, Henry Crofts
commander, takes Gov. Dudley and
his companions to Pemaquid in
1702 356,
The Arundel, frigate, Josias Crow com-
mander, brings advices from White-
hall respecting the French ileet
■ bound to North America, .
sails with the expedition to the
river St. John, September, 1696,
by order of the lieutenant-governor
carries away thirteen released
French prisoners Nov. 24, 1697,
417
472
479
505
479
479
418
514
514
129
515
546
194
595
588
583
649
678
702
731
513
514
585
NAVY, ROYAL. — contimied.
Bellomont sails in, for New York,
July 17, 1700 653
conveys to Constantine Phipps,
agent, a remittance from the prov-
ince of £100, Oct. 18, 1701, . . 696
Committee appointed for redressing the
grievance of masters of families,
belonging to the province, impressed
into the navy, 113
the payment of seamen's w^ages
during the winter asked for to sup-
port their families; stated musters
of seamen urged, .... 123
NEAL.E, THOMAS. {See Pout and Post-
offices.)
NBFP, MARY.
A captive, escaped from the Indians;
allowance to, ... . 153, 562
NELSON, JOHN.
A relative of Sir Thomas Temple,
residing in America from 1670 ex-
pecting to establish his title to
Acadia formerly granted to Tem-
ple; for many years a resident of
Boston ; a political leader, adherent
of the prince of Orange and prom-
inent in his opposition to Sir Ed-
mund Andros; sent to Nova Scotia
to induct Edward Tyng who had
been appointed governor by Sir
William Phips; captured by the
French on his return ; sent to Que-
bec, and afterwards to France, as a
prisoner; is liberated; imparts im-
portant information concerning the
colonies, to the English ministry;
and, while in London, does service
for the province, . . 596, 597, 607
vote of thanks to him by the general
court 196
resolve for paying him £100 for
his services in getting the French
prisoners, and in redeeming cap-
tives, etc 201, 608
His petition, 607
His account of disbursements, . . 608
NERLINE, EDWARD. {See John Graves.)
NEVILL, EDWARD, ADMIRAL. {See
Newfott7uHand .)
NEWBURY. {See Ferries, etc.)
NEWELL, SAMUEL.
Of Roxbury, a soldier captured by the
enemy; allowance to, . . 79,469
his petition 469
NEW ENGLAND, THE TERRITORY
AND DOMINION OF. {See
Sir Edmund Andros, Josej^th Dud-
ley.)
NEWFOUNDLAND. {See John Gibson.)
Conquest of, by the French under
d'Iberville, 536, 537
Expedition to recover it under Col. John
Gibson, commander of the military
forces, and admiral the Hon. Ed-
ward Nevill, commander of the fleet ;
supplies permitted to be shipped to,
for the forces, notwithstanding the
embargo, .... 549 and note
Index.
827
NEW HAMPSHIRE. (^Si-e miilia, Pincala-
'jiiic liirrr.)
Indian depredations there in 1694,8tough-
ton's account of, .... 439
Massachusetts representalivesad vise that
New Ilainpsliire be applied to for
assistance in defending the province, 506
Contributes no aid to Massachusetts, . 122
NEWICHAWANNOCK. (.S>e Berwick.)
Upper part of Kittery, formerly so
called, 1695 481
NEW OXFORJ). (See Oxford.)
NEW PLYMOUTH. {See Agents of the Colony,
etc.. Bridges, Province Boundary,
Daniel Wilcok.)
Colony of ; committees appointed to audit
and settle the accounts between the
colonj- of Massachusetts and, 10, 375, 384
• former treasurers of, Barnabas Lo-
th rop, John Walley and Isaac Little ;
allowances voted to, . . 26, 383, 384
rates and taxes of, during the provis-
ional govrrnment, formed April,
1689; committee appointed by the
representatives June 7, 1693, to de-
mand of the former treasurers an
account of the public debts and
credits of the colony and of the
payments made to creditors of the
colony, and to complete the same
before Oct. 14, 1693, . . . 383, 384
NEWPORT, OR NEWPORT GALLEY,
THE FRIGATE. {See Royal
Auvy.)
NEW ROXBURY. (See Woodstock.)
NEWTON OR NEWTOV7N. {See Bridges.)
lands south of Charles River orig-
inally a part of C.uubridye; applica-
tion made to the general court in
1655 for a separate township or par-
ish; objected to by the church in
Cambridge; the subject referred to
a committee to hear the pelilioners
and remousti ants ; failure of the com-
mittee ; a new committee appointed ;
report of this committee April 17,
1656; further report of the commit-
tee; the subject postponed to the
next session, 419
remonstrance of certain residents or
Ijroprietors of the south side;
another committee appointed ; their
report Oct. 23, 1657, against the sep-
aration; accepted by the general
court; a bridge across the river pro-
posed in town meeting to remedy
some of the inconveniences com-
plain d of 420
The bridge located and built, . . . 421
In 1672 Edward and John Jack-
son, in behalf of the inhabitants of
the south side, apply to the general
court to be set off from the old
town or first parish; May 7, 1673,
petitioners granted the right to elect
a constable and three selectmen
among themselves, but to continue
a part of Cambridge in the payment
of colony and county rates and
taxes, and town taxes for the sup-
NEWTON OR NEWTOWN — continued.
port of the grammar school, the
bridge, and the pay of the deputies
to the general court from Cambridge, 422
In 1678 fifty-two inhabitants of the
south side apply to be made a sep-
arate township; remonstrance of
the selectmen of Cambridge, . . 422
" The village " set off from Cambridge
in 1687, but to contribute to the
repairs of the bridtte; receives the
corporate name of Newtown in 1691, 423
NEWTON, THOMAS.
Twelve shillings allowed to him for
drawingact against piracy, etc., 119, 512
Takes despatches to England in the
Supply, September, 1696, . . .515
NEW YORK. {See Addresses, Castle Island,
Cotuiecticut, Enetny, Indians.)
Claims dominion over Nantucket, . . 377
Quota of men and money for defence
of, by the several colonies as estab-
lished in 1692; letters from the king
and queen respecting, . . . 472
Gov. Fletcher writes to the lords of
trade. May 29, 1695, communicating
intelligence just received of the in-
tentions of the governor-general of
Canada to attack Albany and Onon-
daga in force, and to resettle Cada-
racqui (Kingston) 473
Transmits the tidings to Boston May 2T,
but po3tpones calling for the quota
of three hundred and fifty men, . 472
Correspondence between Stoughton and
Fletcher, and the latter and the lords
of trade, respecting two comijanies
of grenadiers sent to New York from
England by way of Boston, . 472, 473
Calls for the Massachusetts quota June
17 473
the general court, June 27, advise that
the sending of the quota would be
impracticable, . . . . S3, 84
July 22, Fletcher writes that if men can-
not be furnished he feels bound to
call for the other assistance required
by the royal commands, . . . 478
Lieut.-Gov. Stoughton lays the letter
before the general court ; Aug. 16,
the general court ad^ise him that the
province is unable to comply, . . 86
Stoughton's letter communicating the
refusal, 479
in the memorial of June 27, 170i, to
King 'William, inability of Massa-
chusetts represented to furnish a
quota of assistance in men or money
for New York 295
Lord Cornbury, governor, letter to,
by the general court, requesting him
to permit Col. IliJmer to remain and
finish his work on the fortifications
at Castle Island 339, 716
NOD, LAND OF (WILMINGTON).
Petition of Samuel Sewall and Hannah,
his wife, concerning their interest
in, referred to James Converse,
Samuel Phipps, John Cushing,
junior, and Daniel Davison, . . 292
828
Index.
NONESUCH, THE MAN-OF-WAR. (See
Walter and Thomas.)
NONSUIT. (See Default.)
NOPYE, SAM. {See Quabiscom.)
NORTHAMPTON. (5fe Frontiers, ITaiJeld.Wil-
liam IlubbarJ , Oyer and Terminer.)
Resolve for stating the dividing line be-
tween Westfield and, . . . .287
NORTH-RIVER BRIDGE. (See Bridges.)
NORTON, JOSEPH.
Marshal or sheriff of Martha's Vine-
yard, 491
his commission, 496
NOVA SCOTIA. (See Acadia.)
Vote for suspending the permissive
clause in the act prohibiting trade
to Port Royal and parts adjacent, . 132
NOVA SCOTIA — continued.
Under the dominion of England after
1690; d'Iberville's successes at, and
Villebon's occupancy of the St.
John River, encourage the French at
Chignecto and Port Royal; acts of
the province restraining trade with
the inhabitants of, .... 534
Report that the French king had sent
six hundred men thither and strongly
fortified all the dominions claimed
• by him in America, . . . 305, 695
Resolve for sending a vessel to procure
intelligence concerning the posture
and proceedings of the French in, . 395
NOTES, NICHOLAS. (See Flection Sermons.)
NUNAQUAKET. (See Constables.)
o.
OAK PLANK, (See Naval Stores.)
OAKES, THOMAS. (See Agents of the
Colony, etc.)
OATH.
Of province treasurer, form of , . 24,376
OFFICE RENT.
Resolve for allowing and paying out of
the province treasury £16 for rent
of room occupied by the commis-
sioners of impost for two years,
ending June, 1701 292
The first recorded instance of payment
by the province of the rent of a
room occupied as a public office, . 678
OLIVER, NATHANIEL. (See Inferior Court
of Common Pleas.)
ONONDAGA. (See New York.)
ORDINARIES. (See Nathaniel Hall.)
Ministers, in their address to the general
court, ask for the regulation of, . 538
OUTWHARVES IN BOSTON.
In front of the cove, between the sconce
or south battery and the north bat-
tery, declared by Gov. Dudley, in a
speech to the general court, to
have become a nuisance; his recom-
mendation that the owners be
required to repair them or dispose
of them to a company, . . . 743
Order appointing a committee to call a
meeting of the proprietors for con-
sidering plans for raising and main-
taining them, and what action by
the general court is necessary to
establish tolls or duties on vessels
to support the charge thereof, . . 3'J7
OXFORD. (See Taxes.)
Isaac Bertrand Du Tuffeau subscribes
the o:ith on the list of deputies
sworn in 1693-4 29
The poor inhabitants of, driven to Bos-
ton, are maintained by the French
congregation there, who assist them
after tht'ir return to Oxford, . .641
OYER AND TERMINER. (See Indians,
Samuel Partridge.)
OYER AND TERMINER— cojititiued.
Commission of, issued for the trial of
Indians at Northampton for the mur-
der of Richard Church of Hadley,
Oct. 5, 1696 523
reasons for issuing, and the names
of the commissioners, . . . 524
letter from the lieutenant-governor for-
warding the commission, . . 524, 525
circumstances of the crime and
particulars of the trial and subse-
quent proceedings, . . . 523-531
four Indians pursued and captured
by friendly Indians of New Rox-
bury (Woodstock) and by the Eng.
lish; their names, Umpanchala or
Pemequenoxet, Weinpuck, Mah-
weeness, and Mahquoloss or Straw-
berry's son, ..... 524
They belong to the Schaghticoke or River
Indians; uneasiness of the tribe
at their fate; Gov. Fletcher com-
municates the complaints of their
chiefs to Stoughton ; Stoughton's .
reply 52T
Commissioners meet Oct. 21 and im-
panel grand and petit juries; two
of the prisoners convicted and exe-
cuted as principals; the others,
Umpanchala aud Weinpuck, con-
victed as accessaries and their
attainders suspended, they remain-
ing in the custody of Partridge, . 525
ttie prisoners liberated by Peter
Aspinwall, 526
the case kept alive by adjourn-
ment ; Partridge gives reasons for
their reprieve 526
a reprieve granted, .... 527
narrative of the case prepared by the
justices of oyer and terminer, . . 528
Transmitted by Stoughton to Fletcher
to justify the attainders and execu-
tions aid to pacify the tribe, . . 530
Legislation against the western Indians
resulting from this case, . . . 530
Index.
829
P.
PACKET-BOAT.
To Kngland, vote for despatching one,
Nov 28, 1690, to represent to tlie
king the state of the province
and to solicit a supply of warlike
stores, 126,518
PADESHAL.L, MARTHA.
Debeutiue to be granted to, for what
appears to be duo to lier late hus-
band for services in the time of Sir
Edmund Andros, .... 274
PAGE, JOHN, JUNIOR.
A wounded soldier of Groton; allow-
ance to, . o .... 37
petition by his father; surgeon's
certificate ; vote of the house
thereon, 413
PAIGE, ANNA. {See Ellsha Cooke.)
Wife of Nicholas, and granddaughter
and heir of Capt. Robert Keayne, . 510
PAIGE, NICHOLAS. {See ElUha Cooke.)
PAINE, THOMAS. {See Rhode Island.)
PARKE, JOHN.
Of Newton, a soldier wounded in the
service ; resolve exempting him from
poll tax and granting a pension of
fifty shillings per annum, to be paid
to the selectmen for his use, . . 353
his petition, etc., 728
PARKER, JOHN. {See Phineas Parker.)
PARKER, JOSIAH. {See Excise, Phineas
Parker.)
PARKER, PHINEAS.
A captive twelve years of age; resolve
to reimburse his uncle, Josiah
Parker, the sum he paid to redeem
him from the Indians, . . . 225
Indians attack Groton In 1693; John
Parker and wife killed and Phineas
and other children taken captive;
' Phineas redeemed in 1698; Josiah
Parker's petition 622
PARSONS, JOSEPH. {See Joseph ITawley.)
PARTRIDGE, SAMUEL. {See Indians, Oyer
and Terminer, Wolves.)
Selectman of Hatfield in 1694, . . 109, 490
Allowance to, for expeuoes of oyer and
terminer at Northampton, . 131,528
PARTRIDGE, WILLIAM. {Sec John Bridger,
Surrrynr of Woods.)
Lieutenant-governor of New Hamp-
shire 568
PAVING. {See Boston.)
PAXTON, "WENTWORTH. {See Royal
Navy.)
Captain of the frigate Newport, . .507
A prisoner of war on board a French
ship of war, ..... 514
PAYNE, WILLIAM. {See Representatives.)
Chosen commissioner of impost and
tonnage of shipping, .... 621
PEASE, JOHN. {See Tisbury.)
PEIRCE, DANIEL.
One of the committee that attended Gov.
Dudley on his voyage to Pemaquid
in 1702 ; allowed £4 356
PELHAM, HERBERT.
Order authori/.ing the laying out to
his heirs and the heirs of Thomas
Walgrave eight hundred acres of
land granted to them by the general
court in 1048 361
PRLTY, JOSEPH. {See Hampshire County.)
PEMAQUID. {See Addresses, Pasco Chubb,
Henry Crofts, Forts and Fortifica-
tions, Garrisons, Oosport, yathaniel
Hall, John Wing.)
Fort at, rebuilt in 1692 by Sir M'illiam
Phips, 377
surrendered to the French, under d'lber-
villo and Bonaventure, Aug. 5, 1696;
demolished, . . . 122, 295, 591
Stoughton's account of the loss to
the lords of the privy council Sept.
24, 1696, 513, 514
Beset by two French ships of war of
extraordinary size, and the Newport,
frigate, previously captured by the
enemy, and by a force 3f four hun-
dred men, with artillery, etc.; the
fort recently rel'nforced with four
hundred men, and furnished with
supplies, 514
Report that one of the flankers was de-
fective contradicted, .... 515
rebuilding' of it objected to by the as-
sembly in their memorial to the king
in 1701; distant from the inhabited
part of the province ; out of the ordi-
nary line of Indian travel ; great cost
of building and maintaining; no
securitj' to the frontiers or bridle to
hostile Indians; only a benefit and
shelter to fishing-boats; an insup-
portable charge to the province, 294, 295
Gov. Dudley's instructions to press
the assembly "vigorously to exert
themselves" to rebuild it; his
speech; recommends them to "re-
settle " it or to fortify " in that part,
near that place, if that be thought
improper,"
Resolve, June 27, 1702, appointing a com
mittee to consider and report thereon
The governor, attended by members of
the council and of the house, visits
Pemaquid in the recess of the as-
sembly 731,
The committee, John Ha'.horne, Daniel
Peiree, James Converse, James
Coflin, Edward Brattle, John White;
allowance to, by the council; ad-
ditional allowance, ....
order for paying
The report of the committee that the
walls be raised and that the queen be
addressed to maintain a garrison of
one hundred men there,
PEMBROOK, ELKANAH.
Special messenger of the house of
representatives 239
allowed £3 10s. for his services, . 277, 673
718
345
732
356
732
739
830
Index.
PEMEQUENOXET. (.See Umpanchala.)
PENNECOOK, {See Pennecook Indians,
Samuel Sewall.)
PENNECOOK INDIANS.
Resolve for fortifying a place for trad-
ing with them at Wataanuck (Dun-
stable), ..:••• 355
PENSIONS. {See Nathaniel Hall.)
Granted to John Baker 248
Jeremiah Bumstead, . . . 224, 301
Abraham Cock, .... 126, 519
John EUinwood 270
Enoch Lawrence, . . • • 348
Peter Legrove, 230
John Parke, 353
ITicholas Pickett, . . 167, 304, 576, 693
Ephraim Savage, to be reckoned
from Oct. 10, 1690, . . . .141
Voltinteers to receive the same as soldiers
impressed, 116
PENTUCKET. {See naverhill.)
PENWATCHEAGE. (6Ve Quabiscom.)
PERRY, CHARLES, {See Ann Essett.)
PERRY, MICHAEIja {See Acts and Laws.)
PERRY, SETH. {See Ann Essett.)
PHILLIPS, JOHN. {See Colony, John March,
Province Treasurer, Treaties.)
Treasurer of the colony of Massachusetts
Bay 376
Commissioner, appointed with Nathaniel
Byfield and Bartholomew Gedney
to visit the forces in Maine under
Maj. John March; Gedney de-
clines; account of the expenses of
Phillips and Byfleld, . . . 571,. 572
allowed therefor ; previous allowance, 165, 572
Appointed -with James Converse to
treat with the eastern Indians, 601-604
their petition for compensation, . 616, 617
Allowed £30 each 219, 220
PHILLIPS, TIMOTHY.
Sheriff of Middlesex; allowance for
services and expenses in the witch-
craft cases in 1692; £10 ordered
from the province treasury; the
remainder to be assessed upon the
county of Middlesex, . . 174, 585
A captain in Maj. John March's .ex-
pedition in 1697; allowance to, and
to Jacob Lufkin, sergeant, and
Joseph Soper, for loss of time while
being cured of wounds received in
the service, 221, 617
petition of Phillips and Lufkin, . .617
PHIPPS, CONST ANTINE. {See Addresses,
Agents of the Province.)
A lawyer of the Middle Temple, Lon-
don; becomes lord chancellor of
Ireland, and is knighted, . . . 436
Acting agent and solicitor for the prov-
ince, 52
he declares that he was continued
agent since the death of Sir William
Phips; he acts in that capacity
and as counsel for the province
on equal terms with Ashurst, before
the privy council and the lords of
trade 686
Ib expressly called "agent" in a letter
from the general court, . . 696, 697
PHIPPS, SAMUEL. {See Representatives.)
Allowed £2 in 1701 for extraordinary
services for the house of represent-
atives 304, 693
PHIPS SIB WILLIAM. {See Governor,
House of Representatives, Indians,
Pema<juid.)
He arrives, with Increase Mather and the
province charter, May 14, 1692;
thanksgiving ordered therefor, . 9
His recall and death, . . . 43, 71,wo<e8
procures of the general court an address
to the crown asking for his reten-
tion 388, 389
friction between him and the represent-
atives concerning regulating the
choice of deputies to the general
court, 391
PICKETT, NICHOLAS.
of Marblehead, a soldier, wounded in
an engagement between the armed
bark William and Mary, commanded
by Capt. John Calley , and the French
enemy, 574
Allowance and pension to, 167, 304, 574, 693
his petition, 574, 693
PILLORY. {See Infamous Punishment.)
PIRACY. ( See Addresses, Thomas UTewtoii, Caleb
Ray.)
Letter of King William to the governor
enjoining him to procure enactments
for sending accessaries to piracy to
England for trial, .... 677
Stoughton's reply, .... 681
PISCATAQUA RIVER.
New Hampshire imposes duties of ton-
nage on open vessels passing up, into
parts of Massachusetts; charges im-
post on supplies sent up the river;
the imposition resented by Massa-
chusetts, which claims equal rights
of navigation in the river; petition
of the inhabitants of York County
protesting, etc., . . . 291, 292, 684
Resolve appointing a committee to con-
sider the matter and to report, etc., 292
committee report that a letter be writ-
ten to the government of New
Hampshire representing their un-
kiiidness, etc., 298
Resolve that Secretary Addington write
the letter 298
the letter; claims that the navigation
cf the river is the equal and indis-
putable right and privilege of both
provinces, 683, 684
PITCH. {See Naval Stores.)
PLAISTED, JAMES.
Allowance to, for billeting soldiers in
1690 and 1691, .... 186
PLUNDER. {See .Service.)
PLYMOUTH COLONY. {See Agents of the
Colony, etc., New Plymouth, Prov-
ince Boundary.)
PLYMOUTH, TOWN OF.
Committee appointed to set off the west
precinct of (Plympton), . . .76
Vote for setting off the precinct, Nov.
I 28, 1695, 8»
I PLYMPTON. {See Plymouth.)
Index.
831
POCASSET. (.See. CmiotKhlea.)
POLYGAMY. (S,o Mhiixln-n.)
POMEROY, NATHANIEL. {See Ifampsldre
County.)
PORT ROYAL. {Si-e Addrenses, Forts and
FortificalionH, Kor.a Scotin.)
PORTS. (See yamtl Officer, Postund Pout office 8.)
Port of Boston and Charlestow^n, .
POST AND POST-OFFICES. (-See Pout-
master- Oeneru I . )
S-l
Under thk Colont, ktc.
Post-ofBce in Boston for foreign
letters 430
Richard Pairbanks's house ap-
pointed, Nov. 5, 1039, for the deposit
of all letters brought from or to bo
sent beyond the sea, he to see that
they are delivered according to
directions; his fee; to be responsi-
ble for all miscarriages through his
negligence; none obliged to deposit
letters with him, .... 430
George Pearson applies to the general
court between 1664 and 1675 for
permission "to receive and deliver
all letters," the court to fix his fees;
he offers to give security for faith-
ful performance, etc. ; his appli-
cation sanctioned by twenty-seven
leading inhabitants of Boston; the
deputies refuse his request ; " they
do not judge meet that any such
oflice as is herein exprest be sett vp," 430
letters "thrown upon the ex-
change," in 1677, "so that who
will may take them, no person,
without some satisfaction, being
willing to trouble their houses
therewith," 430
Lieut. Richard "Way recommended
for postmaster, in the petition of
Thomas Brattle and sixteen others.
May 23, 1677, alleging that many
compliiiuts had been made by mer-
chants of the frequent loss of let-
ters of great moment; the general
court appoint Mr. John Hayward,
May 2S, 1677, and "set the prices"
on letters, etc 430
some account of Way, . . .430, «o<e
Secretary Rawson's record of this pro-
ceeding, 431
John Hayward presents a peti-
tion praying to be continued
postmaster ; his prayer granted June
11, 1680; all shipmasters, etc., upon
their arrival to send to him all let-
ters "that come in the bag," except
such as they shall deliver with their
own hands; Ilayward to receive
"one penny in money" for every
single letter, " and for every packet
of two or more, twopence in money,"
Foreign and domestic letters :
Mr. Richard Wilkins appointed post-
master June 11, 16S9, to receive all
letters and " to deliver the same
out " ; to receive one penny for each
single letter 431
POST AND ■POQT-OWFICE.S - continued.
Postriders and mail carriers ; com-
pensation fixed Jan. 6, 1673-4, for
persons so emiiloyed in the public
service; for horse and man three-
pence per mile (in money) to the
place to which he is sent; inn-
' holders not to demand of them
more than " two shillings per bushel
for oats, and fourpence for hay, day
and night," 431
John Knight of Charlestown appointed
a "post" for the coimtry's service
May 31, 1090; innkeepers and
ferrymen "to further" him "in
his journeying with necessary pro-
vision for himself and horse and
with speedy transportation"; ac-
counts thereof approved by him to
be paid by the public treasurer;
Knight empowered to impress
horses, etc., if necessary, with per-
sons to manage them, . . . 431
intelligence of an attack by the French
and Indian enemy comes by post to
Boston from New York March 8,
1692-3 37S and note
horse of Daniel White impressed and
killed in the service 4S2
mail service between Massachusetts
and Rhode Island established July
14, 1690, for speedy intelligence be-
tween those places "for a full dis-
covery of the French or privateers"
off Rhode Island coast, . . . 431
news of the burial of Gov. Bellomont
at New York, March 27, 1701, reaches
Boston by post April 5, . . , 673
Under the Province.
Royal grant of the post-oflice, before the
issuing of the province charter, by
letters-patent to Thomas Neale for
twenty-one years, with full power to
establish post-offices within the
chief ports in the English colonies
and plantations in America, for
receiving and despatching of letters
and packets, etc., at such rates "as
the planters shall agree to give," . 431
Deputy Postmaster-General :
Andrew Hamilton appointed to govern
and manage the general post-ofHce
on the mainland and the islands
adjacent, pursuant to the letters-
patent 431, 432
Letter from Queen Mary to Sir Wm.
Phips, dated May 26, 1692, notifying
him of the grant and deputation,
transmitted by Hamilton; read in
council Jan. 19, 1692-3, . , .432
The letters-patent to Neale, and HamiU
ton's credentials, read in council
March 23, 1692-3; a memorial pre-
sented by Ilamiltonfor ascertaining
the rates of postage for the next
three years; committee appointed
to confer with Hamilton, and report ;
Hamilton's propoi^als adopted ; rates
of foreign and domestic postage
832
Index.
POST AND T?OS'T-OFFICES — conlhniecl.
staled, and reoommeuded to the
assembly by the lieutenaut-governor
and council, March 30, 1693, . 432, 433
The act of 1693, chapter 3, passed ; pre-
liminary proceedings, . . . 433
Duncan Campbell, deputy postmaster
of Boston, applies to the general
court in behalf of namiltou, etc.,
Kov. 23, 1693, representing that the
expense of the Boston office is thrice
the income; represents that New
York has settled £50 for three
j-ears and prays for a salary, and
that no person be permitted to board
incoming vessels, for letters, before
the packet-boat arrives; and that
this is the custom in other places;
failure of the petition, . . . 433
Campbell applies again the next year;
his petition, . . • 433, 434
Vote of June 19, 1694, for granting to
Hamilton £26 per annum for two
years, for the encouragement of the
post-ofQce, 50
he is paid these amounts, . . . 501
Campbell applies to the lieutenant-gov-
ernor and council for further aid,
December, 1694; he is granted £5
to reimburse him ; he again applies
to the general court in the fourth
session of 1694-5, praying that penal-
ties may be affixed to breaches of
the act, and that he may be exempted
from all public taxes and from the
excise for retailing strong drink ; his
petition 500, 501
The house propose the enactment of the
penalties asked for, but the council
nonconcur, 501
He again applies to the general court in
1696 for a revival and continuance,
with stricter provisions and penal-
ties, of the act of 1693 which is near
expiring; he represents that the
rates of postage may be increased
and that a salary may be continued
to Hamilton, New York paying £50
and New Hampshire £12 per an-
num; his petition, .... 501
Vote of June 11, 1696, for allowing
and paying £25 out of the province
treasury to Andrew Hamilton for the
encouragement of the post office, . 112
POSTMASTER-GENERAL OP NORTH
AMERICA.
Andrev? Hamilton of East Jersey is nom-
inated by Thomas Neale grantee by
letters-patent of the right to erect
post-offices, etc., in America, and
deputed and constituted by Sir
Robert Cotton, Knt., and Thomas
Frankland, esquire, their majesties*
postmaster-general in England, etc., 432
POVEY, THOMAS. {See Castle Island, Lieu-
tenant- Governor.)
£200 allowed to him as lieutenant-
governor and commander of the
castle for the year 1702, beginning
June 11, . . . . . 359, 734
733
358
76
465
78
POWDER-HOUSE. {See Gimpoivder.)
I'etiliou of inhabitants of Boston, repre-
senting that the stock of gunpowder
in Boston (the greatest in the prov-
ince) is stored in slight wooden
buildings, and praying that a suffi-
cient magazine be built,
Order passed Nov. 17, 1702, for building
a powder house in Boston, and for
establishing the fees to be taken for
the storage of powder there, .
POWDER-MONEY. {See Impost, etc., Xaval
Officer.)
One-half the duty of, remitted on the
mast-ships Hope and Bear,
petition for abatement, .
Duty of, on ship St. Joseph abated,
and on ship Friends' Adventure, Ben-
jamin Mackey commander, 79, 80, 469
Naval officer to collect, .... 474
the commission allowed him, . . 476
Received after July 18, 1699, to be applied
towards the purchase of military
stores 221
Received by impost officer at Salem ap-
plied to repair of fort, . . 310, 699
at Marblehead applied to use of fort, . 351
petition therefor 726
PREBLE, ABRAHAM.
Allowed for billeting soldiers in 1690
and 1691, 186, 592
PRENTIS, THOMAS. {See John Woodcock.)
PRESS, ROLLING-. {See Copperplates.)
For copperplate printing, made by John
Brewer 747
PRIDE. {See Ministers.)
PRIN TING. {See Acts and Laws, Copperplates.)
PRISON. {See John Arnold, Caleb Ray, York
County.)
at Boston, for the whole province, in 1692, 641
John Arnold, keeper, . . .33, 390
£120 allowed to, in full of his account, 33
£80 more allowed to him in 1700, 251, 641
succeeded by Caleb Ray, May 2, 1693, 390
PRISONERS OF WAR. {See Bomazeen, Cap-
tildes, Caleb Uay, Villieu.)
Bomazeen and two other Indians taken
and imprisoned; held as hostages, . 546
Villieu taken by the Orford, . . . 546
Conlined in Boston prison; treated gen-
erously 546, 547
list of prisoners taken by Capt.
Thomas Larramore and Capt.
Thomas Waffe 744
Andrew Belcher allowed for subsisting
them, 368, 744
Baptiste, Jean, committed June 6, 1697, 577
PRIVATEERS. ( See Post and Post-offices, Pro-
vincial Xavy, Rhode Island.)
Frencb. privateers, from Le Petit Goave,
chased between Block Island and
Martlia's Vineyard ; seventeen sail
of, fitted out, 417
arrival of, from the "West Indies appre-
hended 417, 418
their depredations on Nantucket; ex-
pedition against, .... 418
Salem men talsen prisoners by, off the
eastward coast; a ketch despatched
to St. John River to bring them back, 48
Index.
833
PRIVATEERS — rontinuod.
the St. Joseph tiikcn from, as a prize by
the sloop Draeon, Robert Glover
commander; lier cargo exempted
from duty, 55
Pptition therefor 441, 442
a French bark and nome shallops, Au-
gust, 1695, ourprise fishing vessels
and capture a bark iu Massachusetts
Bay, 479
give constant employ to the province
galU-y and the two frigates from
England in ir.!).'), 505
Fitted out by merchants of the prov-
ince with commissious against the
enemy; tlioir prizes; how adjudi-
cated in the absence of a court of
admiralty, 514
Ship of "war from France defeats the
Sorlings iu the Bay of Fuudy, . . 505
PRIVILEGES. {See Repreaentatives.')
PRIVY COUNCIL. {See Action.)
appeal to, in the case of Cooke et al. v.
Paige H ux 509
In Madam Shrimpton's case, . . . 686
Nut limited as to time, nor value of the
subject in controversy, in cases
where the king is a party, . . . 686
PRIZE SHIP. {See Admiralty.)
PROCLAMATIONS. {See Fast Days, Service,
Tliiinkfigiri.j)g.)
By Sir Wm. Phips, continuing former
officers, 376
ByBellomont; the same, . . . .709
Of thanksgiving, 9, 31, 93, 107, 108, 135, 163,
193, 386, 704
Of fasting, 97, 132, 309
until 1700, except for the fast ordered
Dec. 20, 1692, and that issued under
resolve 1694-5, chapter 59, draughts
of proclamations were approved by
both branches; after that, except in
the case of the fast appointed Aug. 9,
1701, the council prepared and pro-
mulgated the proclamation, . 229, 309
Sewall records that he " hammered
out '* the thanksgiving procfamation
of Xov. 20, 1701, . . . .704
For a fast, April 2, 1702, drawn up and
signed by the council there being
no governor nor lieutenant-governor, 712
PROCTER, SAMUEL.
A soldier mortally wounded at the
castle while firing a salute; resolve
for defraying the surgeon's charge
and funeral expenses of, . . 221, 618
gratuity granted him by the council;
Sewall's account of the accident, . 618
PROFANITY. {See Ministers.)
PROUT, EBENEZER. {See Representatives.)
PROUT, TIMOTHY.
In charge of the battery and fortifica-
tions at ForJ, Hill; delivers ])osses-
sion to his successor, Capt. Timothy
Clarke, May .S, 1R97 607
PROVIDENCE, THE SHIP. {See Impost,
etc.)
PROVINCE BOUNDARY.
Connecticut line, settlement of, asked for
by the inhabitants of Enfield, . . 415
PROVINCE BOUNDARY— rotUivned.
commissioners appointed to deter-
mine the place of beginning of the
boundary between the CO Ionics of Mas-
sachusetla Bay and New Plymouth, 75
letters to the general court of Con-
!u-cticut resijccling, . . 92, 115, 486
letter from Stoughtontothe selectmen
of Entield and Sullield respecting, . 504
resolve for appointing a joint
committee to treat with commis-
sioners from Coaneclicut respecting, 242
resolve rejecting the proposal of Con-
necticut commissioners and for con-
tinuing the above committee, . . 244
resolve for tendering certain pro-
posals to the commissioners from
Connecticut, 244
Resolve for appointing a committee
to ascertain the southernmost part of
Charles River in order to fix the boun-
dary of Massachusetts Colony as it
was run by Woodward and Saffery, 248
order referring to a committee
the report of James Taylor respect-
ing the location of th^ boundary line,
with instructions to examine all
records, papers, etc., relating to
former proceedings in reference to
said boundary, and to report, . . 342
Resolve, Oct. 24, 1702, for additional
allowance to Taylor in full of his
account of expenses and loss of time
in the preparation of instruments
used in the work, . . , - . 350
his account 724, 725
duplicate draughts of a letter to
the governor and council of Connec-
ticut respecting the boundary, etc., 351
New Hampshire line ; l.mds assessed in
Salisbury claimed by New Hampshire, 522
Rhode Island line :
attempt in 1692 of Almy, Head and
Wilcokto have the eastern boundary
line run under the auspices of
Rhode Island government, . . 660
Another attempt in 1695, . . . .668
PROVINCE CHARTER.
Passed the seals, Oct. 7, 1691, . . .619
PROVINCE GALLEY. {See John BHdger,
Provincial Mivy.)
PROVINCE LAWS. {.See Acts and Laios.)
PROVINCE TREASURER. {See Bills of
I'liblic Credit, Oath, Service, Taxes.)
John Phillips, formerly treasurer of the
colony, continued in office by procla-
mation; chosen treasurer for one
year, June 9, 1692 376
.£150 per annum allowed to him for his
services 26
his accounts of the province allowed, 31, 384
his accounts of the colony :
Committee appointed to inquire into the
disposal of the colonial bills of credit
and to complete the examination of
Phillips's accounts as treasurer of
the colony, .... 36, 409-412
Committee appointed to audit his ac-
counts and rectify errors and dis-
charge him, 54
834
IlsDEX.
PROVINCE TR'EASJJR'EB.— conthmed.
Accoimts settled aud balance ordered to
be paid to him by Taylor, . . 441
Taylor to deliver to him his bond; bal-
ance to be retained by Taylor, . . 80
Phillips's petition, .... 470, 471
Taylor's accounts of arrears of colony
taxes allowed 82, 90
Last vote rescinded ; monej' ordered to
be paid to Thillips, . . . .91
Phillips's petition; his official accounts
closed, .■ 485
James Taylor chosen June 17, 1693; his
oath, 24,376
July 11, 1693, ordered to assume the
duties of his office 383
his accounts allowed, 61, 64, 65, 66, 81, 82,
83, 90, 108, 131, 152, 191, 217, 218, 246, 293,
344, 345, 616, 636
declaration correcting errors in, . . 83
£250 allowed to, for the rirst year, 54, 441
his account of colony taxes trans-
mitted by John Phillips; his dis-
charge, 61
subsequent allowances, 78,114,157,191,
192, 218, 255, 297, 344, 466, 504, 565, 616,
651, 683, 718
ordered, to suspend warrant for Bristol
tax 38
to be notified of suspension of Enfield
tax 38
to forbear to collect Salem tax of Simon
"Willard, constable, . . .53, 437
to remit tax of Amesbury to John Hoyt,
constable; to take surety of Hoyt
for the rest 74, 466
to collect tax of Suffield, and arrears of
Enfield tax, 94
to stay execution against Joseph Doty,
constable of Rochester, etc., . . 138
to stay proceedings against estate of
Joseph Frost of Charlestown and the
sheriff of Middlesex for uncollected
taxes, 166, 167
to redeem the land of Benjamin Allen,
constable of Salisbury, taken on a
■warrant of distress, . 129, 189, 190, 522
to issue warrants for assessing and
collecting arrears of tax due by
Edgartown 155, 156
allowance to, for bounties paid for
wolves' heads 65
warrant therefor 456
allowance to, for unendorsed bills of
public credit received by him, . . 65
ordered to pay certain unendorsed bills
of credit, ... 84, 99, 142, 548
ordered to make allowances to con-
stables for transportation of grain, . 64
ordered to suspend suit against Sam-
uel Gallop, sheriff of Bristol, for the
fine laid on Daniel Wilcok, a prisoner
who escaped from his custody; Gal-
lop's petition, .... 137, 544
directed to make allowance to
Thomas Dustun, constable of Haver-
hill, to repay him what he paid
Col. Baltonstall for soldiers'
wages, 151
PROVINCE] TREASURER — continued.
directed to allow Francis Crumpton,
constable of Ipswich, £7, for money
paid by him on an order since
lost, 154
ordered to pay, after March 1, 1699, on
inspeclion of vouchers, the officers
and soldiers at the castle and at Saco
Fort, the officers and seamen of the
province galley, and other soldiers
in the service, until further order of
the court 207
vote of March, 1697, for reimbursing
him money he advanced for the
province, . . 137, 158, 543, 544, 565
order to indemnify him on account
of debts due from the treasury, at
the expiration of his term by death
or removal . 97
vote of the representatives to lay
bis accounts before tlie general
court annually on oath, the council
nonconcurring 488
By the tax act, 1695-6, chapter 17,
section 6, the treasurer was I'equired
to lay his accounts of the issuing
and disposal of moneys before the
general court whenever so ordered,
and the approval thereof was de-
clared to be a full and final dis-
charge, 488
Taylor's reports upon the accounts of
John Walley, 114
PROVINCIAL NAVY. {Seeunder Navy.)
PUGSLEY, JOHN.
A soldier of Harwich, "harmed and
disabled" in the king's service;
allowance to, 154
his petition, 563
PUNCATEESB. {See Constables.)
PURCHIS, OLIVER.
Of Dorchester in 1635, afterwards of
Taunton (where he was town clerk),
and Lynn (Saugus), where he was
clerk of the iron-works and became
impoverished ; was chosen to pro-
claim the accession of Charles II.;
he died at Concord, .... 677
Resolve for allowing him £10 in consid-
eration of his services for the public, 290
Resolve for paying the money to Wil-
liam Wilson, for Sarah Purchis, his
widow, 337, 715
PURCHIS, SARAH. {See 01! >-er Purchis.)
PURVEYOR OF NAVAL STORES. {See
JoIdi Bridger.)
PYNCHON, JOHN. {See Tyidians.)
Commissioner with Aaron Cooke to
convey to Connecticut requisitions
for a detachment of militia for the
defence of Massachusetts, . . 378
Sends to Boston tidings of the attack of
the French and Indians upon the
MohawKs, 378, 379
Allowance to, as colonel, for his extraor-
dinary services and expenses with
his regiment on the frontier, . 165, 571
his petition therefor, .... 570
inadequacy of the allowance, . . 571
Index.
835
0
c»
QUABISCOM, aUaK SAM NOPYE. {See
Indians.)
Allowance made to him and Job Pen-
watcheage, Indians of Darlmoutli,
for tlieir services as soldiers under
Capt. Jethro Church, in 1G9G, , 20G, 613
Seth Pope's petition for them, . . 612
certificate of commissioner Walley, . 613
QUABOAG. (Sf^. Tirookfleld.)
QUINCY, JOSIAH.
Errors in his history of Harvard Col-
lege noticed, . . . 228,452,635
QUINSIGAMOND POND. (See Josiah
Flynt, James Ilussell.)
QUORUM. {See Representatives.)
R.
KAM ISLAND. {See Islands.)
RAWLINGS, JOHN.
Elder of the French church in Boston, . 250
RAY, CALEB.
succeeds John Arnold as prison
keeper or jail lieeper at Boston, 390, 458
Listsof prisonersof war held byhim, 457,474,
4S7, 488, 561, 562, 576, 577, 57S, 585, 604
Compensation allowed to, for keeping
Bomazeen and other Indian hostages
and Jean Baptiste and others, prison-
ers of war, 66, 84, 96, 141, 169, 200, 457,
488, 600, 604
His returns of prisoners and accounts, 153,
457, 474, 561
Hisaccounts of keeping prisonersof war ;
committee appointed to audit, . 141, 175
his petitions for allowance, . . 546, 576
orders upon committee's report, . 547, 586
warrants for paying him, 458, 474, 546, 561
Joseph Bradish and Tee Witherly or
Witherell.committedonthechargeof
piracy, escape from the prison June
24, 1699 ; Ray and his family removed
from the precincts of the jail; he is
summoned before the council July 7,
and examined July 14; on the same
day the act (1699-1700, chapterO) was
passed giving the charge of the jails
to the sheriffs in the respective coun-
ties; the attorney-general ordered
to inquire into and to prosecute
Ray for the escape; he is indicted,
tried on two indictments before the
superior court of judicature, court
of assize, etc., and acquitted; the
prisoners recaptured, . . 690,691
He is allowed £24 in full of his account
for keeping these prisoners, . . 302
order in council, Aug. 1, 1701, for pay-
ing this allowance 691
REBELLION. {See Ministers, Treaties.)
REGULARS, iSee Service.)
REHOBOTH.
Bounds of, with Attleborough, com-
mittee appointed to report on, . . 63
Lands claimed by Attleborough set off
to 77
Committee appointed to run the boun-
dary ]55
report of the committee, . . . 160
RENT. {See Office Rent.)
REPRESENTATIVES. {See Association,
Attorney-General Boston, Commis-
sioners for War, Deputies, Great
and General Court, Jlessenr/er, etc.)
Lists of, order of precedence of towns in,
established, . . . . 20, 29
House of, privileges demanded upon present-
ing to the governor the first speaker
chosen; viz., the liberty of free and
open debate ; free access to the ex-
ecutive at all times ; freedom of each
member and his servant from arrest
(except for felony or high treason)
or molestation during the session in
going to and returning from the place
of assembly, .... 390, 393
joint committee appointed Nov.
28, 1693, to consider, .... 392
Committee report on the 29th; their
report defining: house to use and
enjoy the powers and privileges of
the house of commons m England,
subject only to the province charter
and the laws of the province, . 33, 34
adjournment by, from Friday, Nov.
17, 1693, to Tuesday the 21st, re-
sented by Phips as an intrenchment
upon the king's prerogative; the
representatives acknowledge their
mistake, crave his pardon and prom-
ise to be cautious in the future "of
any such practice," .... 391
choice of speaker ; Nathaniel Byfield
having been chosen Nov. 8, 1693, and
approved by Phips, eubsequet.tly
incurs the governor's displeasure by
adjourning the house without notice
to him, who orders the house to
choose anew speaker; the deputies
pray to be excused; by mediation
the governor is pacified, and on the
22d he directs the secretary to re-
quest them " to go on with the busi-
ness of the court," . . . .391
to have a messeng'er to be commis-
eioned by the governor; his func-
tions 34
money-bills and payments from
the treasury; representatives claim
thj right to pass on all payments to
the attorney -general and the justices
of the superior court of judicature,
836
Index.
REPRESENTATIVES —co«<2«;<ed.
and upon the payment of debentures
for expenses of war, 39, no <f, 392, 393,
394, 458, 541
An abortive bill declaring {his and other
privileges p;i8sed by the representa-
tives and read in the council March
3, 1693-4, 393
quorum, want of, on the daj' to which the
assembly stands adjourned, does not
discontinue the session, . . .95
raembers of, chosen for alternate service
during the same session :
From Wenham, . . . . V, 45
Topsfleld; Oftly one qualified, . . 20
Springfield and Hatfield, . . . 181
The practice disallowed by the house :
in the case of Woburn, 1696, . . 104
Springfield and Hatfield, . . .181
Topsfield, 239
take the qualifying oaths, . • 6
subscribe the "association," . 105
expelled, for treasonable or seditious
speeches and practices, and for hav-
ing been sentenced to infamous puu-
ishment :
Henry Head and Daniel 'Wilcok of
Little Compton, S
"William Vesey of Braintree, . . 332
speakers of:
William Bond, . . . . . 6, 20, 72
Nathaniel Byfield 29, ISO
Nehemiah Jewett, . . . 44, 72, 284
Penn Townsend, . . .72, 104, 148
James Converse, . . . 212, 332, 365
John Leverett, 238
allowance to, for services performed
by him for the house before he was
speaker 231, 625
clerks of:
Samuel I'hipps, 8
allowance to, . . . . 231, 625
for extraordinary services, . . . 304
Sampson Sheafe 21
Henry Dering 21, 73
allowances to, 85, 94, 118, 476, 487, 512
Ebenezer Prout, . . . . 30, 45
allowances to, 62, 66, 197, 224, 453, 454,
459, 621
his petitions for, . . . 698, 621
Addingion Davenport, . . 105, 149, 181
allowances to, 138, 157, 169, 192, 205, 579,
594, 612
William Payne 181
allowance to 205, 612
John White, . . 213, 239, 285, 333, 366
allowances to, 220, 231, 261, 276, 299, 324,
345, 360, 617, 625, 653, 672, 684, 712, 718, 734
RHODE ISLAND. (See Connecticut, Province
Boaiidary.)
Inhabitants of, offer to fit out a vessel
against French privateers, . . 418
The house of representatives adopt the
report of a jiint corarailtee, June,
1696, advising that Rhode Island be
applied to for assistance in defence
of the province, 506
In the cddress to the king Sept. 24, 1698,
the general court declare that Rhode
Island has contributed nothing at all, 122
RHODE IS'L.AN'D — Lontinued.
A letter from Weston Clarke, recorder.
May 5, 1697, declaring that Rhode
Island has contributed "four In-
dians, well accoutered," to Capt.
Aspiuwall's company, and setting
forth previous assistance against the
enemy, including the repulse of the
French at Block Island by Rhode
Islanders under command of Capt.
Thomas Paine, .... 549, 550
RICE, DAVID. {See Frumingham.')
BICE, ISAAC. {See Walter iihepard.)
RICHARDS, JOHN. {See Superior Court of
Jitdicdt/ire, etc.)
RICHARDSON, JOSEPH, SENIOR. {See
Appeal, Inferior Court of Com-
man Pleas.)
RICHMOND, THE SHIP.
Brings Fletcher's commission as com-
. mander-in-chief of the militia of
Connecticut, Oct. 1, 1693, . . .418
RIGGS, JOHN.
An ensign in the service in Sir Edmund
Andros's time, but since removed
out of the province; order for an
allowance for his service, . . . 274
Allowed six shillings to reimburse him
what he paid to the messenger of the
house of representatives, . . 278, 673
RILEY, ELIZABETH.
Thirty shillings allowed to, on account
of the service of her son Nicholas
Wallingford, a soldier, . . . 310
her iJetition ; certificates of Lieut.
Dresser and Capt. Fry ; order for
payment 700
ROBINSON, JOSEPH. {See Indian Titles.)
ROCHESTER. {See Taxes.)
ROGERS, ELEAZAR.
Of Plymouth, a wounded soldier; al-
lowed £20 184, 590
his petition 590
ROGERS, JOHN.
Allowed £10 for his services as chap-
lain to the commissioners sent to
New York to congratulate Bello-
mont 203, 611
ROMER, JOHN. {See Wolfgang William
IiOiner.)
£10 granted for the purchase of a piece
of plate as a present to, . . .316
ROMER, WOLFGANG WILLIAM. {See
Castle Island, New York.)
An engineer of the regular army; accom-
panies Bellomont to take charge of
building and repairing fortifications
in America; in Boston, December,
1698; is " treated at the castle" and
hospitably received 670
fortifications on Castle Island built
according to bis plans and under his
direction 273
first oflBcial notice of liis employment,
May 13, 1701, . . . .670
his diflQculties with the superintending
committee and the captain of the
castle; workmen under him com-
plain of his profanity, etc., August
to September, 1701 699
Index.
837
ROMER, WOLFGANG WILLIAM — eo«-
li lined.
vote granting o620 for the imrchase
of a piece of plate as a preweiit to,
and £10 more for a similar present
to his son, Oct. 18, 1701, and desiring
him to continue to direct and assist
in conipletiii!,' the fortifications, 316, 705
vote of Feb. 26, 1701-2, soliciting
him to return from New Yorlj to
complete the fortilications, build
barracks and other necessary build-
ings, etc.; letters to, and to Lieut -
Gov. Nmfan, March 9, 1701-2, 323, 710
letter to Lord Cornbury, June 8,
1702, asking that Rijmer may remain
and finish fortifications, etc., . 339, 716
root; SAMUEL. {See Hampshire County.)
ROSIN. {See Xacal Stores.)
ROWLEY. {See Bradford.)
ROYAL NAVY. {See under Nam/.)
RUGGLES, BENJAMIN. {See Suffleld.)
RUM. (.sV<' lini,oHl.,eti:.)
RUMNEY MARSH. {See Elisha Coo/re.)
RUSSELL, FRANCIS. {See I'owder- Money,
Tonnage of Shipping.)
governor of Barbadoes, . 79, 80, 469
RUSSELL, JAMES. {See Colony, Land-
O rants.)
Order for granting and confirming
lands to, near Quinsigamond
Pond, ........ 90
£12.5 allowed to, as compensation for
his and his father's (Richard) ser-
vices for the colony, . . . 291, 678
RUSSELL, RICHARD. {See Colony, James
/.'iisielL)
BYSWICK, TREATY OF. {See Treaties.)
s.
SABBATH-BREAKING. {St-e Jfinisiers.)
SACO. {See Forts and Fortijicutions, Frontiers.)
A frontier town,
A stone fort built by Maj. James Con-
verse, in 1693, at the falls on Saco
River, twenty acres of land being
cleared for the purpose, . . 370,
situated " two leagues up the river on
the western side near the falls;"
has a tower; its form,
four Indians surprised at, and killed
by the soldiers of the garrison in
1694,
Indians kill a sergeant of the garrison
outside of the fort August, 1695,
Lieut. -Col. Gedney sent to demolish,
1696, ,
objective point of Maj. March's expe-
dition, 1097,
A garrison of twenty men in 169S, .
certificate of the captain of, as to the
pay of the garrison to be received by
the province treasurer, Dec. 10, 1698,
SAFFERY, SOLOMON. {See Province
BoiniJary.)
SAFFIN, JOHN". {See Superior Court of Judi-
cature, etc., Daniel ^Vilcok.)
ST. JOHN RIVER. ( See Addresses, Benjamin
Church, John Halhorne.)
New England men prisoners there, June
12, 1694,
ST. JOSEPH, THE SHIP.
A prize; her cargo exempted from dutj',
Michael Shute, commander, taken to
convey naval stores exempted from
duties of tonnage and powder-
money ; granted a clearance, ,
SALEM. {See Joshua Conant, Forts and Forti-
fications, William West.)
The fort on Winder Island :
report on its condition by a com-
mittee, March 6, 1694-5, .
£100 allowed for repairing it provided
the town contribute £100 more and
keep it in repair for tlie future,
June 20, 1701
185
589
680
546
479
571
571
185
207
48
55
290
SALEM — continued.
Clause for future repair repealed
Sept. 5,1701 310, 699
order of the council Aug'. 7, 1701,
directing Col. Halhorne, Lieut.-Col.
Higginson and Maj. Sewall to have
it repaired forthwith; allowance
therefor paid Oct, 1, 1701, . . .677
powder and po-wder-money re-
ceived by the impost officer at Salem
to be used for the repair of, . 310, 699
SALEM VILLAGE.
Order appointing h'^aring on the petition
of, and for notifying Topsfield, . 187
Resolve refusing to grant the prayer of
the petitioners, ..... 196
SALISBURY. {See Bridges, Ferries, etc..
Frontiers, Islands.)
Name changed from Colechester; settle-
ment of, 398
SALT.
The king addressed Sept. 24, 1696, for
ships-of-war to convoy vessels bring-
ing salt from the West Indies in
winter, 123
SALTONSTALL, NATHANIEL. {See
Thomas Dustun, Province Treas-
urer.)
Of Haverhill, colonel of the North Esses
regiment 562
Ordered to detach twelve men out of
his regiment Aug. 2-3, 1694, to be
improved at his discretion at Dun-
stable for the defence of the fron
tiers, ... , . ,
Payment to, for wages and billeting of
soldiers, .....
Charge against him of neglect of duty at
the time of the Indian raid, March,
1696-7, the subject of a vote of in.
quiry by the house ot representa-
tives,
SAMSON, JAMES. {See Taxes.)
SANDWICH.
Shearjasbub Bourne authorized to pur-
chase Indian lands in,
446
559
563
63
83S
IXDEX.
SANDWICH — continued.
Vote appointing a committee on the peti-
tion of William Bassett concerning
the division of Scorion Neck and
Shaume Xeck 141, 142
Resolve approving the division, . . 151
SABGENT, EDWARD. ( See Ferries, etc.)
SAVAGE, EPHRAIM. {See £oston. Deben-
tures, Pensions.)
To\pn clerk of Boston in 1695, . . 491
Wounded Oct. 10, 1690; hispeneion, 141,545
One of the committee on debentures, 140, 545
allowance to him for his services
since July, 1697, . . 140, 204, 220, 546
his petition therefor, . . .611, 617
SCALPS- {See Commissioners for War, Service.)
SCHAGHTICOKE OR RIVER INDIANS.
{See Indians, Oyer and Terminer.)
Origin and location of, . . . 380
SCHUYLER, PETER. {See Indians.)
SCITUATE,
Vote for confirming the order of
I'lymouth Colony for separating
the society there north of the river
and making it a separate precinct, . 246
Order appointing a hearing on the
petition of the fii'st church there
for a reconsideration of the above-
mentioned vote, 267
Order for estalilishing and defining the
hounds of the two precincts, . . 288
SCONCE, THE. {See Forts and Fortifications,
Outickarves, Warlike Stores.)
In Boston, guns fired at, on the death
of Bellomont, 673
SCORTONNECK. {See Sandwich.)
SCOUTS. {See Peter Aspinwall, Frontiers,
Service.)
SEACONNET. {See Thomas Hinckley, Land-
Grants, Little Compton.)
SEA STREET. {See Arm Essett.)
SECRET INTELLIGENCE.
Vote appropriating £30 for enabling
the governor to procure, . . 251, 641
SECRETARY OP THE PROVINCE. {See
Fees, Legislative Lists.)
Isaac Addington, first secretary ;
allowances to, for extraordinary ser-
vices in 1693, 35, 409, in 1694, 60;
warrant therefor, 451 ; in 1695, 91,
485; in 1696, 136, 542; in 1696-7, 169,
579; in 1698, 204, 611; in 1699, 231,
625; in 1700, 275, 672; in 1701, 324,
712; in 1702,359,734.
£20 for fees, January, 1694-5, . . 451, 452
SEDITIOUS SPEECHES AND PRAC-
TICES. {See Representatives, Wil-
liam, Vesey, Daniel Wilcok, John
Wilkins.)
SELECTMEN. [See Taxes.)
SERGEANT, PETER. {See Agents of the
Province, Warlike Stores.)
His house occupied by Gov. Bellomont,
the rent paid by the province, . . 653
SERMON. (,s-.-<; Election Sermons.)
SERVICE. {See Sir Edmund Andros, Peter
Aspinwall, Billeting, Connecticut,
Garrisons, John Uallet, Indians,
Journal, Militia, Kary, New York,
Soldiers n'ounded, Wiits.)
! S'E'R'VlC'E — contirvted.
Military ; two companies of foot (grenadiers)
arrive from England for the defence
of Kew York 76, 465
Received and billeted in Boston, . . 472
scouts ; a party of, finds traces of hostile
Indians near Deerfield, February,
1692-3 389
More than two hundred men engaged as,
in the woods, August, 1695, . . 479
soldiers impressed for the expedition
to the Bay of Fuudy, 1695, to receive
thirty shillings per month, . . 96
volunteer oflficers in the expedition of
1696 under Maj. Benjamin Church,
duly commissioned, to have for them-
selves, and the companies of volun-
teers serving under them, besides the
plunder and bounties allowed by
statute, an extra bounty for prison-
ers, and for scalps of Indians slain;
also pa}% subsistence and transpor-
tation while in actual service, . 116, 507
Each company of, to have a surgeon and
free cure of the wounded, and every
man to have the same cure and
pension as impressed soldiers, . 116
Discrepancy between the original of this
order and the record, . . . 507
Acts of 1694-5, chapter 10, and 1695-6,
chapter 3, continued, . . . 507
volunteers from Connecticut meet
Maj. Converse at Groton, in 1696, 522
laws, strict execution of, by military
oflicers; i-esolve requesting Lieut.-
Gov. Stoughton to issue a proclama-
tion directing 279, 673
Military and naval ; order regulating the
wages of soldiers and seamen in, 133, 535
negro slave. Sambo, owned by Philip
Kuill of Charlestown, impressed into
service in 1690, on the ship Swan, for
coast defence 169, 579
province treasurer ordered to pay,
after March 1, 1699, the captain of
the castle, and of Saco Fort, and
all soldiers in the service of the
province, and the officers and sea-
men of the province galley, upon
inspection of the vouchers, . . 207
claims and debentures ; order ap-
pointing John Walley and Ephraira
Savage a committee to receive
claims and debentures against the
province for amounts due before
May 26, 1699, for soldiers' wages,
fitting up the galley, etc., . . . 226
soldiers wounded or taken sick in the
queen's service, resolve for paying
for the cure of, 369
SESSIONS, COURT OF. {See Court of
Pleas, etc.. General Sessions of the
Peace.)
SEWALL, SAMUEL. {See Acts and Laws,
Election Sermons, Indians, Land
of Nod, Superior Court of Judica-
ture, etc.)
Lands on Merriconeag Neck (one thou-
sand acres) granted to him and his
{ wife 32
Index.
839
110
534
586
168
SEWALL, SAMUEL — coiiiiiiiu-il.
at I'uiiiiL'cook, giutitud iu lion of tlie
above , . 39
on the north side of Connecticut Koail,
granted to make up the one thou-
sand acres granted as above,
His "bill" of contrition sent up to be
read from the pulpit on Fast day,
Jan. 14, 1097, lamenting his share in
the witch trials, ....
SHAUME NECK. (See Sandwich.)
SHEAFE, SAMPSON. (Sec UepresenlaUvM.)
SHEFFIELD, THOMAS. (See Ann Essett.)
SHEPARD, WALTER.
arrested,, together with Isaac Rice, on a
warrant charging tliem witli a libel
published to James Sherman, min-
ister of Sudbury; brought before
Thomas Browne, a jus-tice of the
peace, who issued the warrant, and
the case continued to be heard before
said Browne and James Minot, a
justice; convicted, as they allege,
without evidence, and denied an
appeal to tlie court of sessions;
execution issued for tine and costs;
their petition 575
Copy of the warrant of the judgment
of the two justices, and of the bill
of costs,
vote appointing a hearing before
the general court on the petition ;
the justices to be notified, etc.,
the justices appear and plead igno-
ranee of the law, . . . 175, 587
Pepositions filed by the petitioners, . 587
order for a neTW trial before the court
of sessions, in the nature of an
appeal 175, 176
court of sessions hears the case,
reverses the former judgment and
awards costs of court to the petition-
ers; judgment entered accordingly, . 587
the alleged ' ' libel " defamatory of Has-
adiah Fairbanks (probably daughter
of Jonas Fairban ks of Lancaster) not
set forth 586
the act of 1692, chapter 18, which
allowed no appeal in such cases, had
been repealed by the act of 1695-6,
chapter 9, .... bZI aiid note
SHERBURNE. (See Fvamingham, Indian
Titles.)
Lands adjoining, reserved to Natick
Indians,
SHERIFF. (See Inferior Court of Common
Pleas, Samuel Gallop, Joseph Nor-
ton, Caleb Ray, York.)
SHERMAN, JAMES. (See Walter Shepard.)
SHEWAMET. (See Freetown.)
SHIPMASTERS. (See Post and Post-offices.)
SHIPPING. (See Tonnage of Shipping.)
SHKIMPTON, ELIZABETH. (See Privy
Council.)
SHRIMPTON, EPAPHRAS. {See Impost
and. Tonnage of Shipping.)
SHRIMPTON, SAMUEL. (See Impost and
Tonnage of Shipping.)
SHUTE, MICHAEL. (See The Ship St.
Joseph.)
130
SLAVES AND SLAVERY. (See Baptism,
MiniHte.rs, Strcice.)
Allowance ordered to Ruth Knill, widow
of Philip Knill of Charlestown, for
their negro slave, Sambo, impressed
into, and dying in, the king's ser-
vice, 169, 579, 580
Knill's petition; postscript by his
widow, 579
SMAT.L CHANGE. (See Copper AToney.)
SMITH, DANIEL.
of CharlestOTsm ; resolve for allowing
him £4 for four new muskets, and
for mending firearms for a detach-
ment of so diers sent against the
Indian enemy in the time of Sir
Edmund Andros, .... 370
Smith's petition and bill of items, and the
certificate of Maj. Jonathan Wade, . 746
certificates of Richard Sprague and
Lieut. Nathaniel Dowse, . . . 747
SMITH, JOSEPH. (See Brookfield.)
SMITH, SAMUEL. (See Wolves.)
selectman of Hadley in 1694, 109, 489, 490
SOLDIERS WOUNDED. (See Service.)
allowance to :
John Page, junior, .... 37, 413
Ambrose Dawes 50, 429
Williiim Tomson 62, 454
John Bement, ..... 75, 465
Stephen Greenleaf, . . . .95, 487
Abraham Cock 126, 519
Richard Hunnewell, .... 143
John Pugsley, ...... 154
Zebadiah Williams, 167
Nicholas Pickett 167
Abraham Foster, ..... 173
Eleazar Rogers, 184
Nathaniel Collins, . . . . .190
Jacob Lufkin 221, 617
Joseph Soper, ..... 221, 617
Timothy Phillips, .... 221, 617
Samuel Procter 221, 618
Jeremiah Bumstead, . 224, 301, 621, 687
Joseph Hastings 227, 623
Nathaniel Holmes 227, 623
/ Joseph Benjamin, .... 229, 624
Peter Legrove 230, 624
Theophilus Farrington, . . 242, 62^ 633
John Harvey 243, 633, 634
John Baker, .... 248, 638, 639
John EUinwood, . . . 270, 656, 657
William Hubbard • . 287
Enoch Lawrence, .... 348, 721
Joseph Bean or Bane, . . . 350, 725
John Parke 353, 728
committee appointed to
claims of officers and
wounded in Maj. March'
tion in 1697,
SOMERS, JOHN.
Lord-keeper of the great seal of Eng-
land; Stoughton's letter to accom-
panying address to King William, .
SOPER, JOSEPH. (See Timothy Phillips.)
SORCERY AND FORTUNE-TELLING.
Ministers ask for enforcement of laws
against, 537
SORLINGS, THE FRIGATE. (See Royal
Navy.)
. 348,
. 350,
. 353,
examine
soldiers
8 espedi-
. 176. 587
515
840
Index.
SOUTHACK, CYPRIAN".
Order allowing him £1S for his service
to the province and for the map pre-
sented by him to the general court, . 204
supposed to be the first draught of his
larger map, ...... 612
SOUTHWORTH, WILLIAM. {See Little
Compton.)
SPANISH INDIANS.
Susannah Straker's claim for keeping,
by order of Sir Francis Nicholson, . 326
SPEAKER OF THE HOUSE OF REP-
BESENTATIVES. (.See Rep.
resentatires.)
SPEECHES PRINTED.
Gov. Bellomonl's in 1700, . . 27S, 673
Gov. Dudley's of March 11, 1702-3; the
representatives thank him for it and
ask a copy to print ; his reply that
" he would consider of it," . . 744
SPRINGFIELD. {See Indians, Taxes.)
Order to notify inhabitants of, to answer
petition of inhabitants on the west
side of Connecticut River for author-
ity to settle a minister, , . .77
Committee aispointed to consider and
report on petition, . . Ill, 112, 500
Order for erecting a precinct on the west
side, 45
Resolve for granting a township on the
west side, eight miles square, etc.,
and appointing a committee to man-
age the affair, . . . . .303
Order appointing a committee to con-
sider and report on the petition of
the inhabitants of the west side,
praying for a proportionable privi-
lege in the parsonage lands, . . 349
Order for apportioning the charge of
building a meeting-house on the west
side of the river, .... 369
STEBBINS, BENJAMIN. {See Hampshire
County.)
STEBBINS, EBENEZBR. {See Hampshire
County.)
STEBBINS, JOSEPH. {Se,- Taxet.)
STONY BROOK. {See Watertown.)
STOKER, SAMUEL.
Of Charlestown ; resolve allowing £20
to his widow for his services in the
late war 252, 642
his services, and former grants to
him . . G42
STORES. {See Warlike Stores.)
STOUGHTON, WILLIAM. {See Agents of
the Colony, etc., /nilinns, Lieutenant-
Governor, Superior Court of Judica-
ture, etc.)
First chief justice of the superior court
of judicature, 39
at the same time lieutenant-governor,
and, as such, a member of the coun-
cil, ex officio, that year ; subsequently
elected to the council, ... 5
Invested with the functions of gov-
ernor upon the recall of Phips, . 71
Continues acting-governor until the
arrival of Bollomont, .... 179
Resumes the functions of af-tine-gov-
ernor after Belloraont's death, . . 237
STOUGHTON. ^J^llAAKM- continued.
He dies July 7, 1701, and is succeeded
by the council, .... 283, 697
STOVER, ELIZABETH.
Vote for paying to her the amount of a
lost debenture issued to her for sup-
plies to soldiers 140
The petition of James Converse in
behalf of, 545
Caution against negotiating the lost
debenture 140
STOW. {See Frontiers.)
Petition of the inhabitants for aid in
maintaining the ministry, . . . 581
Vote allowing £10 towards the support
of the ministry there, . . . 173
STRAKER, SUSANNAH. {See Sir Edmund
Andros.)
STRAWBERRY, AN INDIAN. (See Oyer
and Terminer.)
STURGIS, THOMAS. {See John Hallet.)
SUCCESS, THE SHIP.
Stranded at Cape Ann; impost on cargo
remitted, .... 172, 580
SUDBURY. {See Framingham.)
SUFFIELD. {See I'rovince Boundary, Taxes.)
Rights of inhabitants as against Con-
necticut to be defended by Massachu-
setts; report of committee recom-
mending, adopted, .... 113
Stoughton's letter to selectmen of,
approved, 504
Vote for appropriating one hundred
acres of land for the use of the
ministry there, on condition that the
town grant an equal quantity to
Benjamin Ruggles, minister, . . 370
SUPERIOR COURT OF JUDICATURE,
COURT OF ASSIZE AND
GENERAL GAOL DELIV-
ERY. {Sec William Stough-
ton.)
" Superior court of judicature " for the
whole province established Nov. 25,
1692, by act of 1692-3, chapter 33,
section 6; to hold a court of assize
and general gaol delivery at each
sitting, as occasion may require;
abolished by disallowance of the act,
Aug. 22, 1695; superior court of
judicature, court of assize and gen-
eral gaol delivery established June
19, 1697, by chapter 9, section 4, of the
acts of that year; abolished by dis-
allowance of the act, Nov. 24, 1698;
reestablished June 26, 1699, by chap-
ter 3 of the acts of that year; judges
first appointed ; William Sloughton,
chief justice, Thomas Danforth,
John Richards, Wait Winthrop,
Samuel Sewall; Elisha Cooke op-
pointed, 1695, in place of Richards,
deceased, and John Walley ap-
pointed June 7, 1700, in place of
Danforth, deceased ; after the death
of Stoughton, Winthrop is appointed
chief justice and John Saffin asso-
ciate, Aug. 1, 1701 712
allowances to the chief justice, 39, 78, 117,
260, 283, 416, 467, 511, 652, 697
Index.
841
SUPERIOR COURT OF JUDICATURE,
COURT OF ASSIZE AND
GENERAL GAOL DELIV-
ERY— continued.
To the associate justices, 39, 87, 95, 136, 172,
203, 230, 306, 324, 3.09, 360, 416, 481, 487,
543, 581, 611, 625, 696, 712, 734
contention between the council and the
house of representatives as to the
right of the former to pay these
allowances without a concurrent vote
of the latter; how settled, . . 39
progress of the justices obstructed at
Bristol by John Wilkins; his con-
viction, 494
sessions of, In Hampshire, suspended
by act of June 17, 1695, . . . 524
salary of the justices of £40 per
annum declared by Gov. Dudley
" scarce enough to maintain a ser-
vant and horse, while the next
province, much lees than our-
selves, pays £500 per annum to the
chief justice "; recommends an in-
crease, 734
allowance raised to £50 per annum, 359, 360
Order in council for paying, . . . 734
SUPERIOR COURT OF JUDICATURE,
COURT OF ASSIZE AND
GENERAL GAOL DELIV-
ERY — ijonliniied.
[This was in Dudley's speech at the
beginning of the second session in
1702; the salary had already been
raised to £45 per annum the pre-
vious year, see p. 300.]
SUPPLY, THE SHIP.
Takes despatches to England, Septem-
ber, 1696, 515
SURGEON. {See Nathaniel nail. Service.)
SURVEYOR OF "WOODS. {See Jahleel
Brenton, John Bridger.)
Purveyors of naval stores appointed, who
exercise the functions of surveyors
of .woods, for which Jahleel Brenton
• held an earlier commission, . 442, 587
John Bridger and Benjamin Furzer,
Benjamin Jackson and William
Partridge, appointed; their du-
ties 442, 587, 588
Belloraont incensed at Partridge's per-
formance of his duties; his low
opinion of Bridger and Furzer, . 588
SWANZEY. {See Freetown.)
T.
TAHANTO, GEORGE. {See Lancaster.)
TAR. {See Naval Stores.)
TATAMUNNAH.
Lands near Ssaconnet, formerly his,
relinquished to the province by
Thomas Hinckley, .... 274
TAUNTON GREAT RIVER. {See Bridges.)
TAVERNS AND TAVERN-KEEPERS.
{See Jatiies Meers, George Monck,
Ministers, Ordinaries.)
James Meers keeps a celebrated tavern
on School Street, Boston, . . . 544
George Monck, keeper of the " Blue
Anchor" tiivern, Boston, . . . 564
Nathaniel Hall licensed to keep a tavern
at Yarmouth 486
John Woodcock, innkeeper at Attle-
borough 611
TAXES. {See Chilmnrk, Cnlony, General Ses-
sions of the Peace, Muddy River,
Timothy Phillips, Province Treas-
urer, Tisbury, Samuel White.)
County commissioners; vote for allow-
ing compensation to the commission-
ers appointed to regulate assessments
under the act of Dec. 15, 1692, . 16, 375
Ordered to be assessed by the court of
sessions of Bristol County on the
towns of Taunton, Freetown, Tiver-
ton, Little Compton and Dartmouth
for the charge of building the bridge
over Taunton Great River, . . 355
Allowances on account of over-assessments,
etc. :
to Gloucester, allowed £100 of the
£30,000 tax 23, 376
to Nantucket, £50 of the same, . 24, 377
TAXES — continued.
to Wenham, £25 for over-assessment, . 57
Petition therefor, 445
in 1690 again, 89
petition therefor, 483
to Edward Bosworth, constable of
Bristol, from his collections of the
bounty paid by him for wolves
killed, the order being lost, . . 127
His petition therefor, . . . 519, 520
to Matthew Bomer, constable of Free-
town, for money paid out of his col-
lections for billeting soldiers, . 144, 557
to Thomas Dustun, constable of Haver-
hill, for money paid out of his col-
lections for soldiers' wages, . 151, 558
to Capt. Samuel "White, to be de-
ducted from his tax 59
Abatements ordered of the tax :
of the tow^n of Deerfield, . . .38
Petition of the town therefor, . . . 415
of arrears of former province
taxes voted June 18, 1694, in accord-
ance with the report of a committee, 48
of the town of Hadley, . 56, 443, 444
of the towns of York, Kittery
and Wells, 59
Warrant therefor, 447
of the town of Dartmouth, from the
lists of James Samson and Lettis
Jenery, constables of, . . . 60
scruples of the Quakers there;
petition of Samson, .... 449
Hie account; statement of Jenery, . • 450
Dartmouth to make gool the deficiency
to -Jenery and he to be charged there-
with 450
542
Index.
'TAXES — continued.
Dartmouth abated £11 of arrears of,
in 16>J6 136, 542, 543
of Ferdinando Thayer andWalter
Cook.ofthetowuot'Meudon, 89,483,484
of the town of Mendon, in 1696, . 114
petition of selectmen therefor, . 503, 504
of the town of Suffleld, £200, . . 94
of Martha's Vineyard, abated £200
on petition of the representatives of
Edgartown and Chilraark, . . 117
petition therefor, 507
of Dunstable, arrears of, abated, . . 126
petition of selectmen, .... 519
prayed for by the tow^n of Wey-
mouth ; hearing granted to select-
men, etc. 81
of the town of Groton, £50 abated;
collection of the rest postponed, . 58
Extension of time :
to Bristol, for collecting, etc., tax of, . 38
Petition of th« selectm. n therefor, 413, 414
to Enfield, for paying tux of, . . .38
Petition of the inhabitants therefor, 414, 415
Of the town of Oxford, payment of,
suspended, ...... 58
Petition therefor 447
Forborne and remitted:
of Salem, £30 of the tax of 1690, com-
mitted to Simon Willard, one of the
constables, to be forborne by the
province treasurer, . . .53, 125
His petitions for relief, etc., . . 437, 517
to JohnHoyt, constable of Araesbury, 77, 130
Petitions therefor, . . . 466, 522, 523
execution stayed against John Dexter,
late constable of Rochester , Dexter
to collect on new list which select-
men are required to deliver to him, . 108
Dexter's petition; affidavit of Thomas
Dexter 489
of Martha's Vineyard and Nan-
tucket, arrears of, under act of
1692, remitted in case each of those
islands disburses £50 on fortifica-
tions, arms, etc.; account of expen-
ditures, how rendered, . . . 124
Petition therefor 516
of Wells, remitted in 169G, and inhabitants
omitted from the next tax, . 129, 521
jietition of Samuel Wheelwright, . 521
of Rochester, execution ag.ainst Joseph
Doty, constable of, stayed ; tax-war-
rant never delivered to him ; new
warrant to be delivered to the present
constable, 138
of Wrentham for 1696, . . . 243, 633
Exempted from assessment; George
Carr's floating bridge over the Mer-
rimac at Salisbury exempt from as-
sessment for county and town rates, 401
Repaid by province treasurer, to John Dexter,
late constable of Sandwich, tax over-
charged to him in his list of 1695, 109, 490
his petition, 490
Addition made to the tax of Salisbury to make
up deficiency of collection of Benja-
min Allen, late constable, on account
of the claim maile by New Ilamp-
ebire to lands taxed in his list, . 189, 190
TAXES — continued.
Petition of Peter Ayer in behalf of
Allen, etc., 522
Committee appointed to report there-
upon 129
Grain received for :
in Hampshire County ; committee
appointed to take account of, . . 38
order concerning, by the provisional
government, 415
Nathaniel Ware, constable of "Wren-
tham, allowed for transportation of
corn taken for, in 1691, . . .61
His petition, 453
petition of Springfield to be allowed
for the loss of; abortive order
thereon, 416
David Morgan, constable of Springfield,
allowed for losses on, . . 63, 455
His petition, 454
his account, 455
Order directing province treasurer to
allow for transportation of, . . 64
he is abated £22 of the tax of 1691
committed to him for collection, . 118
his petition, etc., .... 511, 512
allowance to John Waite for storing ;
his petition and account, . 85, 476, 477
In Hampshire County, arrears to be
collected except of Enfield and
Suffield 53,437
Joseph Stebbins, former constable of
Springfield, ordered to collect, . 53
part of Sulfield tax, and the arrears
of Enfield tax to be collected, . . 94
Of Charlestown, uncollected by Joseph
Frost, constable; new order for col-
lecting, etc., .... 166, 167
Of Edgartown, arrears of, to be assessed
and collected, .... 155, 156
Of Dedham, arrears of; province treasurer
to issue warrant for collecting, 57, 58, 445
In frontier towns, selectmen of, to assess
for the expense of new fortifications
and garrisons 139
recommended to be assessed for de-
fence of, ..... . 186
Throughout the province, declared
to be "almost insupportable," by
Stoughton in his letter to Gov.
Fletcher Aug. 24, 1695, . . .479
TAY, JEREMIAH. {See The Ship Walter and
7'hoiiias.)
TAYLOR, JAMES. (.See Naval Stores, Prov-
ince Boundary, Province Treas-
urer.)
TAYLOR, JONATHAN. {See Hampshire
County.)
TEMPLE, SIR THOMAS. {See John Kel-
son.)
his claim to Acadia, how derived, . . 596
THANKSGIVING. {See Proclamations.)
First, under the charter, kept Thursday, July
14, 1692, by order of the general
court, for preservation of their maj-
esties and success of their arms;
continuance of peace within the
three kingdoms; for the safe ar-
rival of Phips and Mather; great
measure of health; comfortable
Index.
843
THANKSGIVING— conthiui'fl.
liopcH of a h:iivc'8t; restraint of
the enemy and their riceut defeat
in the eastern parts of the provuice.
The proclanaation ; all servile labor
Inhibited, 9, 375
Second, kept Thursday,- Feb. 23, 1692-3, by
order of the (governor and council;
for the late good harvest; for the
preservation of their majesties and
the success of their arms and of the
royal navy; for the safe return of
persons abroad on the public ser-
vice; for the health of the public,
the restraints of the enemy and the
check given to the assaults of witch-
crafts. The proclamation ; all servile
labor inhibited 380,387
Third, kept Thursday, Dec. 21, 11193, by order
of the general court, for mercies
received from heaven the past sum-
mer, especially in the pruserva-
tion of the kiugfiom many dangers;
the success of his arms ; the stop
given to the spread of mortal sick-
ness; the good measure of health
restored to the province; the favor-
able harvest, after drought; the
submission of, and the respite from
annoyance by, the Indian enemy,
etc. Proclamation; all servile labor
forbidden, ... 31, 32, 384-386
Fifth, kept Jan. 16, 1695-6, by order of the
general court, for the "preventing
goodness of God " in the present
war in that, though we have been
cast down, we are not destroyed;
a full harvest in some towns and
some excess for future use in others;
plenty of grass; health in our
borders; success to the English and
confederate arms. Proclamation;
servile labor forbidden, . . .93
Sixth, to be kept Thursday, June 18, 1696, by
order of the general court, for the
early discovery of the assassina-
tion plot. I'roclaraation; all servile
labor forbidden, . . 107, 108, 489, 513
William Vesey set in the pillory for
working ou that day and using trea-
sonable language against King Wil-
liam's right to the throne, . . . 332
Seventh, to be kept Thursday, Feb. 4, 1696-7,
by order of the general court, for
Divine favor in the great measure
of health continued in most places;
in restraining our enemies; provid-
ing bread; the pure and powerful
dispensation of God's word and ordi-
nances plentifully bestowed . Procla-
mation; servile labor on, forbidden, 135
Eighth, to be kept Thursday, Nov. 11, 1697,
by order of the general court, for
that God has in the midst of wrath
remembered mercy, in granting a
more plentiful harvest; sending
showers in answer to prayer; sav-
ing us from invasion of potent ad-
Yersaries; blessing us with health
while other plantations are visited
THANKSGIVING — rontinw-d.
with malignant and mortal discascB.
Proclamation; all servile labor in-
hibited, 163,
Ninth, to be kept Thursday, Dec. 15, 1698, by
order of the general court, for spar-
ing and proving us one year more,
in that lie has continued our civil
aud sacred liberties; afforded us a
plentiful harvest after years of scarc-
ity; continued such measures of
health and prevented contagious,
mortal distemper which twice threat-
ened us; checked the rage of our
heathen adversaries; promoted the
king's undertakingij and made him
the happy instrument of peace; in-
spired the king to pursue reforma-
tion, that under his conduct the three
kingdoms and their dependencies
enjoy the free liberty of the true
religion while the faithful in other
places in Europe suffer i)ersecution ;
and for innumerable more kind-
nesses; proclamation; all servile
labor forbidden
Twelfth, order of the representatives for a
message to the council, Oct. IS, 1701,
for appointing, for the great and
manifold mercies of God the past
year,
to be kept Thursday, Nov. 20, 170i,
by appointment of the governor and
council
Oct. 22, 1701, proclamation for, "ham-
mered out" by Samuel Sewall,
THAYER, FBRDINANDO. {See Taxes.)
THOMAS, NATHANIEL.
Grant of land to, in Plymouth,
THOMPSON, ROBERT. {SeeMllerica.)
TILLEY, WILLIAM.
Gunner at the south battery in Boston;
his petition, Feb. 24, 1700-1, sent
down to the house
TIMBER. {See Naval Stores.)
Trespass for cutting, jurisdiction in, of
a justice of the peace, . Ill, 497,
TISBURY. {See Chilmark.)
Order on the petiticr. of John Eddy,
John Pease and Samuel Merry,
selectmen of Tisbury, that a war-
rant be issued to Joseph Daggett,
former constable, for a rate to reim-
burse them for the amount of a tax
paid by them out of their own
estate, 199,
their petition,
£15 granted to, towards building a meet-
ing-house, 293,
TITHINGMEN. {See Acts and Laws.)
TIVERTON. {See Bridges, Dartmouth, Free-
town, Daniel Wilcok.)
Votes relating to the bounds of Freetown
and 160,
Resolve for establishing the bounds be
tween Freetown and.
Resolve appointmg a committee to in-
quire about the purchase of lands
for the Indians there,
committee to select lands and report, .
567
193
315
704
704
64
672
498
600
599
167
247
232
250
8M
Index.
TIVERTON — continued.
Ebenezer Brenton allowed £4 7.?. for
that service, . . • 321, 322, 708
Resolve for granting the land, . . . 322
TOLLS. {See Ferries and Ferriage.)
TOMSON", WILLIAM.
A wounded soldier; allowance to, . 62, 45-1
his petition 454
TONNAGE OF SHIPPING, DUTIES OP.
{See Impost, etc., Piscatuqua River,
Powder-Money .)
Vote for exempting open fishing boats
from, 61
petition therefor 453
Abatement of one-half on mast-ships
Hope and Bear, 76
petition for, 465
on ship St. Joseph; taken for a mast-
ship 78
on ship Friends' Adventure, Benjamin
Mackey commander, for Gov. Rus-
sell of Barbadoes, ... 79, 80
letter from Lieut.-Gov. Stoughton to
Russell, . ... . . .469
TOPSFIELD. {See Boxford, Ipswich Farms,
Salem Village.)
TORPEDO. {See Joseph Hill.)
TORREY, SAMUEL. {See Election Sermons.)
TOWN GATE. {See Bristol.)
TOWN-HOUSE. {See Boston.)
TO^A^Sr rates. {See Taxes.)
TOWNS, ESTABLISHMENT OP. {See
Fraining/tam.)
TOWNSEND, PENN. {See Excise, Impost,
etc., liepresentatives.)
TRAFTON, THOMAS.
Allowance to, for billeting soldiers in
1690 and 1601, , . . . .186
TREASONABLE AND SEDITIOUS
SPEECHES AND CON-
DUCT.
Grounds for expulsion of a member from
the house of representatives; case of
Daniel Wilcok and Henry Head,
deputies from Little Compton, . 8
Case of William Vesey, deputy from
Braiutree, 332
TREASURER. {See Colony, Province Treas-
urer.)
TREATIES. {See Addresses, James Converse,
Indians, John Phillips.)
With the "western Indians :
the Maquas, or Mohawks, in 1693, at
Albany, .... 380, 381, 382
the Five Nations, Aug. 13, 1694, . . 440
With the eastern Indians in 1653;
previous treaties; truce with; ex-
change of prisoners Jan. 7, 1698, 378, 522
The Peace of Ryswick signed Oct. 30,
1097; proclaimed Dec. 10, 169T;
Indians committing hostilities after-
wards considered in rebellion; the
obligation of treaties recognized by
civilized nations not understood by
the Indians, 600
Advice of the council, Sept. 22, that com-
missioners be sent to the eastern
parts of the province to negotiate;
James Converse and John Alden
appointed; their instructions pre-
TKEATIES — continued.
pared Sept. 26 ; they arrive at Penob-
scot Oct. 14; they return, having
arranged preliminaries; Bomazeen,
an Indian prisoner and hostage at
Boston, prays to be released; his
petition ; another commission with
larger powers proposed Nov. 15;
abortive bill for that purpose, . . 601
Vote, Nov. 30, for sending a vessel to
the Kennebec River to procure the
submission of the Indians and to
treat with them for, and effect, an
exchange of prisoners, . . . 200
John Phillips and James Con-
verse appointed commissioners, . 602
Text of the treaty 602, 603
ratified by the Pennecook Indians;
Phillips presents his journal of the
negotiation Feb. 9, 1698-9; corn,
clothing and ammunition promised
the Indians, .... 604
Treaty of June 4, 1701; the 13th of
March, 1699-1700, Bellomont in his
speech to the general court predicts
a general insurrection and rebellion
among the New England and eastern
Indians, and calls for preparations
to meet them ; Hutchinson's opinion
that this alarm was unfounded;
efforts made to prevent an outbreak
by evangelizing and promoting trade
with the Indians; apprehension al-
layed the next year by the tid-
ings that Bellomont had succeeded
in procuring the submission of the
eastern Indians to our allies, the
Five Nations ; prospect of security
illusive, 735
French plans for fresh attacks on
the English colonies in case of a
rupture expected between France
and England ; the governor-general
of Canada negotiates a league with
the Iroquois and River Indians;
plans of conquest by Calliferes and
d'Iberville ; practicability of the lat-
ter; Boston and New York to be
taken, and the seaboard settlements
utterly destroyed, .... 735
the expected declaration of vsrar
is deferred, and these schemes prove
abortive; after the death of Bello-
mont, Lieut.-Gov. Stoughton and
the council propose to insure the
fidelity of the eastern Indians by a
treaty; they advise. May 2, 1701,
that the province galley be repaired,
fitted and equipped for that service, 736
John Phillips, Penn Townsend, Na-
thaniel Byfleld and John
Nelson are commissioned by the
council to proceed to Casco Bay to
confer with the Indians, etc.; £100
appropriated for presents ; Capt.
William Wormall, commander of the
fort at Casco, advised of the probable
arrival of the commissioners by the
19th or 20th and directed to notify
the Indians to meet them ; May 5,
Index.
845
TREATIES — continued.
the appropriation for presents iii-
creused to £150; on the 13th com-
iiiiHsion and iiistructionH are rend and
apprdvud; XIO additional drawn for
emergcncfes, and the complement of
men for the galley tixed at twenty-
four; on the 29th the lieutenant gov-
ernor informs the assemldy that the
cuinmiHsionersare now abroad in the
eastern parts of the province, etc., 736
Meeting of the Indians and com-
missioners June 3; a memorial
is drawn up of the business of that
and tlie following day, . . . 736
Stoughton writes to the lords of
trade of his sending the commis-
sion 736
The memorial 736-739
The commissioners return ; present
their memorial to the lieutenant-
governor and council June 10; the
house, by message, express dissatis-
faction that the commissioners should
have been instructed to assure the
Indians that they should have an
armorer " settled with them to mend
their arms gratis,'" against a former
order of the general court; no
TREATIES —'OHZ/nH.-^-'.
further action upon tliU subject
until the second session of the fol-
lowing year, 739
resolve passed, Nov. 18, 1702, for
allowing and paying the commis-
sioners £6 each for their services, . 360
TRESPASS. {See Inferior Court of Common
I'Uns, Justices of the Peace.)
TRIAL BY JURY. {See John Wilkins.)
TRUCE. {See Indians.)
TUPFEAU. {Sie Isaac liertrand Du Tuffeau.)
TURFREY, EDWARD.
An assistant of Secretary Addington;
some account of him, . . 740, note
He transmits for the secretary papers
received from Elisha Cooke in the
matter of the account of John Usher, 720
He signs a vote of the council "per
order," 740
TURNER, JOHN".
Captain of a troop of horse which accom-
panied Lieut. -Col. Gedney's regi-
ment from Salem to York, August,
1696 507
TURPENTINE.
John Iloyt of Amesbury has one thou-
sand trees running', .... 466
TYNG, JONATHAN. {See Woyialunset.)
u.
UMPANCHALA OR PEMEQUENOXET.
{See Oyer and 'J'efminer.)
An Indian, tried for the murder of
Richard Church, . . . .524
UNCAS, BENJAMIN. (See Peter Aspinwall.)
UNCLE ANNESS. {See irinisters.)
UNION OF THE COLONIES.
In opposing the French and Indian
enemy, prayed for by the general
court in their address to King Wil-
liam, September, 1696, . . .123
USHER, JOHN. {See Sir Edmund Andros.)
Treasurer of the territory and
dominion of New England;
his accounts considered in coun-
cil, Sept. 5, 1692, separately from
those of Andros, .... 620
proceedings thereon, . . . 645, 646
Referred to a committee ; Usher re-
peatedly moves the council to act on
them; council resolves, February,
1692-3, that it is necessary that a copy
thereof be lodged in the secretary's
office; he sends to the secretary his
book of accounts, to remain until
a copy can be made; March, 1693-4,
the committee report, . . . 646
the council agree vipon a state-
ment of exceptions to items in his
accounts, 646, 647
Dec. 5, 1694, a letter from the privy
council is read, in council, signify-
ing the royal pleasure that the final
examination of his accounts be pix)-
ceeded with, and that payment be
made to him, etc.; accounts of
Andros and Usher considered to-
gether from this time forth, . . 647
► USHER, JOHN — continued .
committee report on his account
March 25, 1695, stating their objec-
tions 647, 648
returns of objections to be sent to
the privy council prepared and
agreed to July 24, 1695, . . 648-650
sent to privy council with a letter
from Lieut. -Guv. Stoughton ; dupli-
cate sent Oct. 16; no further action
until the year 1700; Usher then
presents a petition to the general
court, together with his answer
to the objections; action of the
council thereon June 27, 1700, 650, 651
committee appointed to inspect
the account of wages, etc., during
the time of Andros; they return
said accounts not acted upon;
resolve for referring it to a joint
committee to consider and report;
Usher's petition referred to the same
committee, 255, 651
in 1701 he again presents a peti-
tion, together with his answer to
the committee's objections ; no action
taken 719
in 1702 David Jeffries presents
a petition in his behalf; the peti-
tion, . . . . . . 719, 720
resolve passed June 27, 1702, for
appointing a committee to examine
his accounts and to call for all former
reports and pnpers relating thereto;
joint committee appointed, . 347, 720
Prompt action of the committee; list of
papers received of the chairman of
a former committee through Edward
816
Index.
USHER, JO'H.N — cotitinued.
Turfrey, assistant to Isaac Adding-
ton, secretary of the province;
changes proposed in the committee
Nov. 19 720
USHER, JOHN — co7itiiuied.
resolve revived. Nov. 21, and com-
mittee continued; change in the
committee; to sit in vacation and
to report at the next session, . . 361
V.
VARNUM, SAMUEL. (,See Land-Cfrants.)
VESEY, WILLIAM. [See Representatives,
Thfinksgiring.j
A Jacobite member of the house of
representatives from Braintree; ac-
count of; convicted and sentenced
to the pillory for treasonable
words 332
VESEY, "WILLIAM, JUNIOR.
Son of the above ; first rector of Trinity
Church, New York ; account of, . 332
VESSELS. {See Entry, Impost, etc., jsava^
Officer, Tonnage of Shipping.)
List of names of, entered at the naval
office 475, 476
VICE-ADMIRAL.
Commission of, held by the governors, 5, 211
VILLEBON, ROBINEAU, CHEVALIER
DE. [Si-e Enemy.)
VILLIEU, SEBASTIAN, SIEUR DE.
(.S'ce Pris07iers of War.)
VOLUNTEERS. {.See Service.)
w.
249
440
440
WACHUSETT HILL. {See Lancaster.)
WADE, JOHN.
Vote directing him to procure a survey
of eight hundred acres of land granted
in 1661 to his grandfather, Jonathan
Wade of Ipswich,
WADE, JONATHAN. {See John Wade.)
WADSWORTH, BENJAMIN. {See Indi-
ans.)
Chaplain to the commissioners to Albany
in 1694,
his journal, .... 440, note
WADSWORTH, JOSEPH. {See. Jndians.)
Of Hartford, Connecticut; captain of a
company of sixty men to escort the
commissioners to Albany, between
Springfield and Albany, .
WAFFE, THOMAS. {See Prisoners of War.)
WAHWEENESS. {See 3fahweene8s.)
WAITE, JOHN. (.SV'- Taxes.)
WAKEFIELD, SAMUEL. {See Excise.)
WALGRAVE, THOMAS. {See Herbert Pel-
ham.)
WALKER, ELEAZAR. {See Thomas Co-
ram.)
WALKER, JOHN. {See Stephen Minot.)
WALKER, PETER. {See Thomas Coram.)
WALLEY, JOHN. {See Commissioners for
War, Debentures, Excise, Impost,
etc., Xaval Stores, New Plymouth,
Superior Court of Judicature, etc.,
Daniel Wilcok.)
Mount Hope (Bristol), in the colony of
New Plymouth, purchased in 1680
by him and Nathaniel Oliver, Na-
thaniel Byfield and Stephen Burton,
all of Boston
WALLINGFORD, NICHOLAS. {See Eliz-
abeth Piley.)
WALLIS, WILLIAM. {See Tonnage of
Shipping.)
Part owner of ships Hope and Bear, 76, 465
WALTER AND THOMAS, THE SHIP.
Order allowing demurrage for detention
of,
13
726
rhips requested by the council to con-
sider a petition for the release of
Jeremiah Tay, commander of, con.
fined on board the ship-of-war
j Nonesuch 375
j WAMESIT. {See Concord.)
! WAQUOIT (FALMOUTH).
! Indian lands in, Shearjashub Bourne
j authorized to purchase, . . .63
1 W"AR. {See Commissioners for War, Committee
I for War, etc., Indians.)
In the memorial to the king, in 1701,
I the general court declares that the
I vast expense and devastations of
j the enemy had reduced his sub-
i jects here to an extreme depth of
] poverty, ,...;. 296
] WARE, NATHANIEL. {See Taxes.)
j WARLIKE STORES. {See Commissioner
] for Stores of War, Gunpoioder,
Powder-Money.)
Supply of ammunition, etc., for the
I king's forts and garrisons asked for
j of the king, . . 123, 127, 128, 129
I vote to despatch a packet-boat
j ■ for, 126
I Proposals therefor bj- merchants and
others; proceedings in the general
court, 518
powder-money to be applied
towards the purchase of, . . 221
resolve for procuring ammunition,
March 14, 1700-1, . . . 272, 669
Proceedings relating to procuring flints,
fusils, balls, lead, moulds and one
hundred barrels of gunpowder; con-
tract with Andrew Belcher to sup-
ply bills of exchange for, April 28,
1701 m
Index.
847
WARLIKE STORES — continueil.
May 2, 1701, Elisha Cooke, John
Wnlley ;ind James Taylor to pur-
chase one liundred barrels of gun-
powder €69
memorial of Elisha Hutchinson,
captain of the castle, that one hun-
dred barrels of gunpowder are
needed there, Feb. 18, 1701-2, . . 710
Feb. 27, 1701-2, resolve for distribut-
ing arms, balls and iHiils purchased
in England and lately arrived, . . 328
Feb. 27, 1701-2, one hundred barrels of
gunpowder to be purchased and
added to the present stock, . . 324
March 18, 1701-2, committee of May 2,
1701, to purchase 711
eighty-eight barrels are purchased
by them of I'eter Si^rgeant, . . 714
Order of June 2, 1702, appointing a
committee to inquire and report,
etc., as to the quantity and quality
of the gunpowder belonging to the
province, 336
Statement of Capt. Timothy Clarke, com-
mander of the fort (or sconce) in
Boston, as to the quality of powder
purchased of Sergeant, . . 714, 715
Samuel Sewall's record of his experience
as one of the committee in proving
the powder, June 10, 1702, . . 714
report of the committee June 18, 1702, 719
order for returning to Peter Sergeant
twenty-seven and one half barrels
of gunpowder of the eighty-eight
barrels purchased of him, and for
paying him the balance due with
interest, 346,
order in council for the payment, Aug.
13, 1702; entry in the treasurer's
accounts
WARREN", DANIEL, JUNIOR {See
Watertown.)
WATAANUCK OR WATANICK. {See
Dunstable.)
WATERTOWN.
Notice to the selectmen upon a petition
for a meetinghouse at the west end
of the town, 55
Notice to the inliabitants of the west
part to answer the petition of the
inhabitants of the east part, . . 88
Order providing for the choice of com-
mittees by the attendants at the
respective meeting hou-es in, . . 151
Order permitting the inhabitants on the
west side of Stony Brook to settle
a minister, 187
Resolve and order of July 20, 1699, in
addition to and in explanation of the
foregoing order 226
Resolve and order for appointing a com-
mittee to divide the town into two
precincts, and to fix the sum to be
paid by the east precinct towards
building the new meeting-house, etc., 226
Resolve of March 23, 1699-1700, postpon-
ing action on the above resolve, and
continuing in force the resolve of
June 20, 1699, 233
ri9
(19
WATERTOWN — continued.
licHolve appointing a hearing on the
petition of the inhabitants of the
n.iddle and eastern parts of the town
relative to the support of the ministry, 249
Resolve for compromising and ending
the differences between the middle
and easterly parts of the town, . 270
Resolve declaring that the land of Daniel
Warren, junior, lies within the west
precinct, 340
WATSON, JOHN.
I'urser of the ship-of-war Gosport;
allowed £6 for extraordinary ex-
penses on the voyage to Pemaquid
with Gov. Dudley, . . . 356, 732
His letter to Maj. James Converse re-
minding him of his expenses on that
occasion 732
WAY, RICHARD. {See Post and Post-officei.)
WEINPUCK. {See Oijerand Terminer.)
An Indian, tried for the murder of
Richard Church, .... .524
WELD, THOMAS. {See Dunstable.)
Minister of the garrison at Dunstable, 113,
168, 503, 575
WELLS. {See Forts and For tif cations. Garri-
sons, Taxes, Samuel Wheelwright.)
a frontier town harassed by the enemy, 59
£15 granted from the province treasury
for the maintenance of a minister
there in 1699 222, 618
petition therefor of John Wheelwright,
representative from, .... 618
list of claims of soldiers there, unpaid
in 1677, reported by the committee
on the militia, .... 634, 635
£10 granted from the province treasury
for the maintenance of the ministry
there in 1700 252, 642
petition of James Gooch in behalf of, 642
£6 voted from the province treasury
towards building a meeting-house
resolve that a committee be appointed to
receive and examine claims of pro-
prietors and others to waste lands
lying east of the town,
Resolve for nominating and appointing
the committee 269
£5 granted from the province treasury
for the maintenance of the ministry
there, 304, 693
WELLS, THOMAS. {See Hampshire County.)
WELSTEED, WILLIAM. {See Naval Offi-
cer.)
WENHAM. {See Taxes.)
WEST, WILLIAM.
Sentinel at the fort in Salem; his peti-
tion sent down to the representatives
Feb. 24, 1700-1 672
WESTFIELD. {See Frontiers, Northampton.)
WEST INDIES. {See Privateers.)
WEST SPRINGFIELD. {See Sprinafiekl .)
WEYMOUTH. {See Taxes.)
WEYMOUTH, THE BRIGANTINE. {See
/lupost and Tonnage of Shipping.)
WHEELER, SIR FRANCIS. {See Conta-
gioiis Diseases.)
Rear-admiral ; his fleet arrives at Bos-
ton, from Martinique, June 11, 1693;
252
69
848
Index.
WHEELER, SIR F'RA'^ CIS — continuaJ.
sent out to aid the province in a
demonstration against Quebec; great
mortality among his men; they are
sent to Long Island, in Boston Har-
bor, 3S4
the infection spreads in Boston, . 3S6
the governor and council, at his
solicitation, advise against the
expedition, and recomraeud another
attempt with a larger force; Gov.
Phips's letter to, and to Gov.
Fletcher 385
Phips's second letter, declining to
recruit the admiral's force, . . 386
Advised by the governor and council to
return by way of Canso and New-
foundland, in hope of taking prizes
from the French, .... 385
WHEELWRIGHT, JOHN.
Lands granted to ; committee appointed
to survey, 31
WHEELWRIGHT, SAMUEL. {See Com-
mitteefor War, etc.)
Of WellB, allowance to, for his public
services 154
his petition, 563
WHITE, JOHN. {See Acts and Laics, Repre-
sentatives.)
Of Boston, six shillings allowed to reim-
burse him the amount he paid to a
messenger of the house of repre-
sentatives 278, 673
WHITE, JOHN. {See Wolves.)
Of Hatfield, selectman in 1694, . 109,490
WHITE, NATHANIEL. {See Wolves.)
Selectman of Hadley, 1694, . 109, 489, 490
WHITE, SAMUEL. {See Frontiers.)
Allowance to, for himself and twenty-six
troopers under him; to be deducted
from his taxes 59, 448
his petition and account, . . 447, 448
WHITE BISCUIT. {See Assize of Bread.)
WHITE HILLS. {See Indians.)
WHITING, JOHN. {See Lancaster.)
WHITING, JOHN,
Minister of Hartford ; order directing
his son "William to procure a sur-
vey of one thousand acres of land
granted to him in 1684, . . . 244
WHITING, WILLIAM. {See Connecticut,
John March, John Whiting.)
Commands a company from Connecticut
in March's expedition, . 552, 553, 571
WILCOK, DANIEL. {See Ebeneser Brenton,
Samuel Gallop, Province Boundary ,
Province Treasurer, Representa-
tires.)
Uncertainty of the boundary line be-
tween the colonies of New Plymouth
and Rhode Island in the original
grants or charters; Rhode Island's
claim, under the charter of 1663, to a
strip of land three miles wide, east
of Seaconnet River, conflicting with
the claim of Plymouth Colony to the
territory of Seaconnet (or Little
Compton),Pocasset and Puncateeee,
now Tiverton, and Bristol, sub-
mitted to the royal commissioners in
WILCOK, DANIEL — continued.
1605; their report to the secretary of
state, that they had established Nar-
ragansett Bay (understood to include
Seaconnet River) as the boundary of
the two colonies "till his majesty's
pleasure be known"; this decision
unchanged when the province char-
ter was granted under which the
territories of Plymouth and Massa-
chusetts Bay colonies were united;
jurisdiction of the disputed territory
claimed by Massachusetts, and her
laws put in force there, including
the laws for the building of meeting-
houses and the settlement and sup-
port of " able, learned and orthodox
ministers " ; first settlers from Plym-
outh, of the disputed territory, gener-
ally orthodox, and chiefly in the
southern part, or Seaconnet; many
Quakers and Baptists in the rest of
. the territory ; their preference for
Rhode-Island laws, which gave ab-
solute religious freedom; Christo-
pher Almy, a Quaker, and others,
alarmed at the jsruspect of the hold-
ing of a court there by the justices
of Bristol County to enforce Massa-
chusetts laws, apply to the govern-
ment of Rhode Island to assert its
claim to jurisdiction, and for this
purpose to have the boundary line
surveyed accordingly; Henry Head
and Daniel Wilcok, deputies from
Little Compton to the first general
court of the province, join in the
movement; answer of Rhode Island
proposing to have the line run by a
surveyor; Gov. Easton notifies Gov.
Phips; prompt and vigorous oppo-
sition by Massachusetts authorities;
messenger sent to arrest Almy,
Head and Wilcok, and bring them
to Boston 659, 660
the inhabitants assemble and op-
pose the messenger and threaten
him with violence; Samuel Gookin,
sheriff of Suffolk, sent with a war-
rant and assistance to arrest the
rioters; Phips writes to the govern-
ment of Rhode Island requiring
them to assist Gookin ; they reply
evasively 661, 662
Gookin accompanied by Joseph
Church, a local magistrate, whom
he consults, is unsuccessful; his
narrative; calls for a "larger war-
rant," 662
letter from John Walley, a councillor
of Bristol County, to Phips, . 662, 633
military commission issued to
Gookin; his iustruciions in a letter
from Secretary Addington ; ordered
to issue a proclamation to the in-
habitants, and to advise them to
cooperate with Walley; Capt. Culli-
more of Scituate ordered to join him
with his military company, and be
subject to his direction, . . . 663
Index.
849
WILCOK, T) A'NI'EJj — ronCinui'd.
Addington's letter to Walley ; letter
of Thomas Leonard, u iniii^istrate of
Taunton, urging prompt and effect-
ual measures 664
Walley again ■writes to the secre-
tary, 6G4, 6G5
Gookin stays the advance of Culli-
more's company until he can confer
with the governor; Thomas Hinck-
ley, late governor of New Plymouth
Colony, writes to Addlngton sending
documentary evidence of the title of
Massachusetts to the disputed terri-
tory 665
Rhode Island discountenances the
rioters; several surrender under the
terms of Gookin's proclamation;
their names; Almy, Head and Wil-
cok indicted for uuiawfully assem-
bling and for seditious acts and
words at the superior court, court
of assize, etc., at Bristol, Aug. 29,
1693 666
The indictment 666-66S
Their trial and conviction; Almy being
an inhabitant of Rhode Island is
not tried ; they are sentenced each
to pay a fine of £150 and to stand
committed until payment, . . 668
Head and Wilcok committed to the
county jail; threats of a rescue; order
for transferring the prisoners to Bos-
ton jail; on the way, Wilcok escapes
to Rhode Island, . 320, 541, 668, 707
Head pays his fine, 668
suit against Gallop for the amount
of Wilcok's fine; Gallop threatened
by the province treasurer; suit
suspended by order of the legis-
lature, .... 137, 138, 544
attempts to arrest Wilcok fail;
Gallop eventually allowed compen-
sation for the time and money spent
in these attempts, . . 319, 707, 708
Wilcok's wife having become in-
sane, and he, feeling the infirmities
of old age, makes overtures in 1700
for satisfying his fine by a convey-
ance of land ; Benjamin Church pre-
sents a petition to the legislature in
his behalf; his proposal accepted
and a committee appointed to attend
to the conveyance March 13, 1700-1, 271
The petition and proceedings thereon, 658,
659
His lands in Tiverton conveyed to the
council and assembly, for the time
being, and to their assigns, . 668, 707
these lands, with other land received
from Thomas Hinckley, set apart
for an Indian reservation, , 321, 322
Another attempt in 1695 to run
the boundary line summarily
stopped by John Satfin, under the
orders of Stoughton ; Saffin'sdeclara-
tion that not one in ten of the people
in that region, except in Bristol,
but that desires to be under Rhode
Island government, .... 668
WILKINS, JOHN. (See Bristol, General Sen-
HionaofUie Peace.)
Denied a trial by jury in the court of
sessions of Bristol County; com-
plains to the general court ; the two
branches disagree, . 110, 4'Jl, 402, 493
Appeals to the superior court of judi-
cature, etc. ; the judgment of the
court of scssious reversed, . , 494
Convicted of opposing the progress of
the judges of tlie superior court,
etc., and of using Bcurrilous lan-
guage towards them 494
i WILKINS, RICHARD. (See Post and Post-
WILKINSON, ELIZABETH. {See Ann
i:sselt.)
WILLARD, SAMUEL. (See Election Ser-
mons, I/arvard College, Witch-
c?a/t.)
Vice president of Harvard College; he
succeeds Increase Mather, and,
though not holding the office of
presidefit, is vested with all the
authority of that office, . 258, 265, 272,
312, 668, 703
Vote for allowing and paying him at the
rate of £60 per annum, . . . 362
WILLARD, SIMON. (See Taxes.)
WILLIAM III., PRINCE OP ORANGE,
KING. (See Addresses, Associa-
tion, Thanksgiving.)
His escape from an attempt against
his life, led by Bartholomew de
Liniere, Knt., Sieur de Grandval,
usually called the Chevalier Grand-
val, and his preservation from the
dangers to which he was exposed at
the unfortunate battle of Landen,
assigned as causes for thanks-
giving 384
His great preparations for the
campaign of 1695; Queen Mary
having died, regency is appointed
during his absence on the conti-
nent 418
Plot to assassinate him, in 1696, leads
to the formation of the " associa-
tion," 484
His death; Thomas Burrington, who arrives
at Boston from Newfoundland,
May 28, 1702, brings the London
Gazette and other prints confirming
previous tidings of, .... 713
WILLIAMS, ABRAHAM.
His petition against Thomas Browne,
a justice of the peace, for rejecting
his appeal to the court of sessions
from a judgment awarded against,
by said Browne, upon a complaint
for defaming the wife of Thomas
Forbush in a church meeting, . 588, 589
Resolve allowing him to be heard in
the nature of an appeal, by the
court of sessions, . . . 184, 589
Doubt if this resolve was signed by
the lieutenant-governor, . . 580
WILLIAMS, JOHN. (See Deerfiem.)
Minister of Deerfield and chaiilain of
the garrison there in 1696, . . 503
850
Index.
WILLIAMS, MARGERY,
Vote for allowing and paying £6 in lieu
of £8 granted by the colony to her
late husband, Robert WjUiams of
Boston 249
her petition, 639, 640
report of the committee on petitions, . 640
WILLIAMS, ROBERT. (See Margery Wil-
liams.)
WILLIAMS, ZEBADIAH.
A soldier, wounded at Deerficld in de-
fending the Belding family; £15
allowed to 167
his two petitions 573
WILSON", JOHN. {See Billerica, Excise.)
of Billerica; lieutenant under Capt.
James Converse in the expedition to
theeastern partsof the province, com-
manded by Col. Elisha Hutchinson;
had the whole care of the company
until June, 1692; his other services;
his petition for an allowance, . 655, 656
Report of the committee on petitions, . 656
£3 allowed him out of the province
treasury, 268
£7 more allowed him, .... 322
his petition, 709
Order in council for paying him, . . 710
WILSON, WILLIAM. {See Oliver Purchis.)
WINE. {See Impost, etc.)
WING. JOHN,
vote for allowing £20 for his extraor-
dinary services while building the
fort at Pemaquid, and while in com-
mand there, 164
His petition; vote of the representatives
thereon; he assisted in building
the fort; billeted soldiers returning
from Phips's expedition against Port
Royal in 1690 569
his account of billeting, . . . 570
his claim for subsisting soldiers re-
ferred to the committee on debent-
ures 164
fortifies his house at Saco; his
vouchers destroyed by fire ; commit-
tee's report, 671
His claim for services in Sir Edmund
Andros's time postponed, . . . 569 i
£100 allowed to him in full of all claims, . 274 I
WINNEPESAUKEE. {See Indians.)
WINTHROP, WAIT (OR WAIT STILL).
{See Agerits of the Province,
Indians, Superior Court of Judica-
ture, etc.)
Takes the lead of the council upon
Stoughton's death; opposed to
Joseph Dudley's pretensions to the
governorship 694
Succeeds Stoughton as chief Justice of
the superior court, . . 359,712,734
WISWALL, ICHABOD. {See.Agents of the
Colony, etc.)
WISWALL, JOHN. {See Elisha Cooke.)
, WITCHCRAFT. {See John Arnald, Timothy
Phillips, Saynuel Sewall, Thanks-
giving.)
the first Fast day after the province
charter was observed May 26,
1692, in accordance with a " bill "
WITCHCRAFT— coM<iTO7<ec?.
passed oh the 6th of the same
month " to seek the Lord that he
would rebuke Satan and be a light
unto his people in this day of dark-
ness " ; i.e., on account of the witch-
craft at Salem 459
the second Thanksgiving, Feb.
23, 1692-3, on account of the
cessation of 386, 387
the fast appointed for Jan. 14,
1696-7, was to appease the Divine
wrath incurred by the errors com-
mitted in the witch prosecutions, 132, 531
Sewall's " bill " of contrition offered on
that day, 534
Cotton Mather's responsibility for, . 531
opposition of Samuel Willard and
Robert Calef to the prosecutions;
sudden and general reaction in the
public mind 531
prisoners charged with, from Salem
committed to Boston prison, that
being (in 1692) for the whole
province, 641
John Arnold, keeper of the prison,
eventually has his account allowed
for the custody, etc., of the persons
accused of witchcraft, . . 251, 641
WITHERLYORWITHERELL.TEE. {See
Joseph Bradish.)
WOLVES.
bounty paid by the province treasurer
for wolves killed, allowed in his
account 65, 456
In Deerlield in 1694, . . . .88, 482
Twelve killed in Mendon; allowance
therefor to "William Holbrook and
others 91, 484, 485
province treasurer to allow the same
in his settlement with the constables
of the town, 91
By Edward Bosworth, constable of
Bristol, on a lost order allowed to
him, 127, 520, 521
province treasurer to reimburse£10 to
Jonathan Marsh, Nathaniel White
and Samuel Smith, the selectmen of
Hadley, for, . . . 109,489,490
To pay Samuel Partridge, John White
and John Coleman, selectmen of Hat-
field, for Thomas Nash and Nathaniel
Graves, £6 for six wolves killed, 109, 490
WONALANSET.
Indian sagamore of Pentucket (Haver-
hill) ; £20 for keeping him allowed
to Jonathan Tyng of Dunstable, . 152
Tyng's petition, 559
a friend to the English ; he surrenders
himself under a flag of truce before
1692; is imprisoned at Cambridge;
removed to Dunstaole on his own
petition ; examined at Boston before
the governor. Sir William Phips,
who orders him back to Dunstable
to be supported at the expense of
the province; his death and burial, 559
WOODCOCK, ISRAEL. {See Debentures.)
Constable of Attleborough ; the province
treasurer ordered to discharge him
Ijstdex.
851
WOODCOCK, ISRABL, — continued.
tliirty-aeveu eliilliugs, tho amount
paid by him on a debenture isBuud
to Christopher Hall, . . 318, 705, 706
WOODCOCK, JOHN.
Of AttlcborouLj'h, iuiiliecpcr; resolve for
allowing him for cutertuiniiig (!ui)t.
Thomas Prentis and his troop on a
journey to and from Bristol, in
1089, to bring back Sir Edmund
Andros, after his escape, . . 202, 611
petition of Woodcock and certificate
of Prentis 611
WOODS. (See Surveyor of Woods.)
WOODSTOCK. (See FrontlerH, Lan<l- Grants.)
Formerly named New lioxbury, . . 524
WOODWARD, NATHANIEL. {See J'rov.
ince lioutiitarij.)
WOOLSON'S FARM. {See Indian Tillex.)
WRENTHAM. {.svv- VarrH.)
WRIGHT, BENJAMIN. {See Jiamijshire
(Jounlij.)
WRITS.
Return of service in the case of Oliver v,
Blaney, Dukes County, not signed
by the marshal or sheriff, . . . 494
Style of, changed on the accession of
Queen Aune ; declaration therefor, . 335
Y.
YARMOUTH. {See Nathaniel ITall.)
YELLOW FEVER. {See Contagious Diseases.)
YORK. {Sue Garrisons, Richard Jlunnewell,
York County.)
a frontier town, harassed by theenemy , 59
Resolve for paying jE.12 out of the prov-
ince treasury to Samuel Moody, chap-
lain and minister at, . 222, 247, 619, 636
for the support of the ministry there :
£5 allowed in 1701, . . .304,693
£10 allowed in 1702, . . . .341
petition of Abraham Preble there-
for, 717
YORK COUNTY. {See Piscataqua River.)
I'rison of, £.10 allowed towards repair-
ing, and the province treasurer or-
dered to pay that amount out of the
fines in the hands of the sheriff of
the county 79, 409
Resolve for paying out of the province
treasury certain suras to inhabitants
of the county, in full satisfaction of
their accounts of disbursements in
the king's service, in the whole,
£137 Os. 9cZ., 270
warrant for payment, .... 656
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11