USA > Massachusetts > Journals of the House of Representatives of Massachusetts > Part 10
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And then the House Adjourn'd till Tuesday Morning Nine a Clock.
Martis 5. Junii, 1716.
A Report Signed by John Clark, Addington Davenport, Thomas Fitch, Oliver Noyes, William Payne, Elisha Cooke, Charles Chambers, and William Deni- son, the Committee appointed by this Court, in the recess thereof to receive of the Treasurer, bundle up and Burn, torn and Defaced bills of Credit on this Province. Dated April 23. 1716. Shewing that they had then received and burnt to Ashes the Sum of l. 9180 8 s. 2 d. neat Bills. l. 3561 5 s. part thereof was re- ceived for Taxes, Impost and Excise, which, with the advance of Five per Cent. as they were received into the Treasury, added thereto, amounts to the Sum of l. 3739 6 s. 3 d. also l. 3000. neat Bills Exchang'd in the Treasury, and /. 2619 3 s. 2 d. neat Bills, received of the Trustees for the Letting out the l. 50000, Bills of Credit, making in the whole the Sum of l. 9358 9 s. 5 d. Read, and
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Ordered, That the said Report be Accepted, and that the Treasurer be dis- charged of the Sum of l. 9358 9 s. 5 d. accordingly. Sent up for Concurrence.
A Petition of Joseph Bramhall, lately a Soldier at Castle-William, and there taken Sick, and by reason of his Sickness dismist from that Service, presented to the House and Read, Praying that he may be allowed and reimbursed the Sum of Twenty Pounds, which he has Expended on Physicians, Nurses, Attendance, &c. Committed.
A Motion being made by one of the Representatives of the Town of Boston, pursuant to Direction from the said Town, that this Court would provide a suita- ble House or Hospital, in some proper place for the reception of Infectious Per- sons that may happen to be Imported, to prevent Infectious Sickness being spread in the Province.
Ordered, That Mr. Parker, Capt. Noyes, and Mr. Turner, be a Committee to prepare and lay before the House a Bill for that end.
A Petition of Joseph Hammond, in behalf of the upper or North Parish in the Town of Kittery, presented to the House and Read, Praying that the Votes of this Court, relating to the said Town may be so Explained, as that it may be clearly determin'd, whether the Inhabitants between Sturgeon-Creek, & Thomsons Brook, belong to the upper Parish, of the said Town of Kittery, or not.
Charles Frost Esq; having intimating his desire, was admitted into the House, and spake [ 7 ] to the subject matter of the said Petition, and presented an An- swer thereto in Writing, which was Read and laid on the Table, and then he with- drew.
Resolved, That the Inhabitants which dwell between Sturgeon-Creek and Thom- sons Brook that did belong to the Parish of Berwick, were by this Court taken off from Berwick Parish, when they were Constituted a separate Township. And that from thenceforth they did, and now do belong to the Town of Kittery, to all in- tents & purposes whatsoever.
And inasmuch as there is an unhappy Difference arisen in the upper Parish of Kittery, about the place of setting their Meetting-House, which they find difficult to issue amicably.
Ordered, That John Wheelwright Esq; Capt. Abraham Prebble, and Capt. Lewis Bane be a Committee to go upon the Spot, and view, and consider the Extent and Situation of the said upper Parish, and of the several Houses and Settlements there, and determine the place as they think most proper, (all things considered,) whereon to place the Meeting-House for the said Parish, and make report to this Court, the said upper Parish to bear the Charges of the said Committee. And that the said Committee be impowered to settle the Bounds between the Towns of Kittery and Berwick, according to the Order of this Court, Anno 1713.
Sent up for Concurrence.
A Petition of John Arms of Deerfield, presented to the House and Read, Pray-
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ing That his forward Service in the late War against the Indian Enemy, and his Sufferings by them, having been Wounded, and carried Captive to Canada, and continued so Eight Months, may be considered, and such Allowance made to him as this Court shall think proper. Committed.
Mr. Treasurer Allen at his Desire was admitted into the House, and presented his Accompts of the Treasury. The present state of the Treasury Read, & Ex- plained by him, and then he withdrew.
The Account of the several Receipts and Payments in the Treasury in the Year past Read.
3 Post Meridiem.
A Journal of Capt. Thomas Bakers Travel, up & down Connecticut River, to observe the Motions, and gain Intelligence of the Posture and Designs of the In- dians that way. Sent down from the Board, Read, and sent up again.
A Vessel being arrived from Great-Britain with Intelligence, that Col. Burges is not now design'd to come Governour of this Province, A Message was sent up to the Board by Capt. Noyes, and Capt. Chambers, moving that the Letter from this Court to Col. Burges, desiring him to prefer the Humble Address of this Court to His Majesty may be stop'd.
Who returned Answer, That His Honour the Lieut. Governour had taken care to do it.
A Petition of Edward Hutchinson Esq; and Seven others in behalf of the Settle- ment at Arowsick-Island, presented to the House and Read, Praying that an Ad- dition may be made to the Twenty-Six Men, already allowed them in the Pub- lick pay, or that at least they may be for some time continued to them, to incour- age the Inhabitants under Apprehensions from the suspicious Behaviour of the Indians; And that the said Settlement may be Constituted a Township by the name of George-Town.
A Petition of William Pickering, and Six others, Select Men of the Town of Salem, presented to the House and Read, shewing, That an unhappy Difference is arisen in the said Town concerning their common or undivided Lands, having Two Commoners Meetings, and Two Sworn Clerks belonging to them. Praying that the said Two Clerks may be Summoned to appear before this Court, with all the Papers and Records in their keeping, referring to the said Commons, That this Court may have Cognizance of, and Determine the said Difference.
And the Question being put, Whether the Prayer of the Petition be Granted ? It pass'd in the Negative.
A Message sent up to the Board by Mr. Parker, and Capt. Noyes, Desiring that such Bills, as pass'd this House the last Sessions, and did not pass thro' the Court, may be sent down to the House.
A Petition of Jonathan Fuller, &c. of Newton, sent down from the Board, And
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upon Reading the Direction of it, it was observed to be to His Honour William Tailer Esq; Lieut. Governour and Commander in Chief, for the time being.
Ordered, That it be sent up again, That the Petitioners may be Directed to Ex- punge that improper & unusual Clause, for the time being, before their Petition is further considered.
Ordered, That Mr. Cooke, Mr. Parker, and Mr. Turner, be a Committee to con- sider what Laws are near Expiring, and ought to be continued, and to prepare a Bill or Bills for that end, and to prepare and lay before the House a Draught of such other Bills, as shall be thought necessary.
And then the House Adjourn'd till to Morrow Morning Nine a Clock. [ 8 ]
Mercurit, 6. die Junii, 1716.
T He Petition of John Arms, praying as entred yesterday, further considered, and the Report of the Committee thereon was Read, & Accepted by the House, & accordingly,
Resolved, That the Sum of Six Pounds be allowed and paid out of the Publick Treasury to John Arms the Petitioner, in answer to his Petition.
Sent up for Concurrence.
The Petition of Joseph Bramhall, praying as entred yesterday, further consid- ered, And the Report of the Committee thereon, which was accepted by the House, and accordingly,
Resolved, That the Sum of Ten Pounds be allowed and paid out of the Publick Treasury to the Honourable Adam Winthrop Esq; to be improved for the Use and Relief of the Petitioner. Sent up for Concurrence.
A Petition of Martha Tuttle of Ipswich Widow, Relict of John Tuttle, late of the said Town, Deceased Intestate, presented to the House and Read, praying that she may be enabled to pass legal conveyance of a piece of Land, to the Common- ers or Proprietors of the said Town, which her late Husband had Exchang'd with them, for some common Lands, but had not made Instruments of such Exchange before his Death.
Ordered, That the prayer of the said Petition be Granted.
Sent up for Concurrence.
A Message from the Board by John Appleton Esq; That the Humble Address of this Court to His Majesty is return'd to that Board, and His Honour the Lieu- tenant Governour desires to know the mind of the House, to whom it should be sent.
Ordered, That a Message be sent up to the Board by Capt. Noyes, and Mr. Payne, That this House desire the said Address may be sent to His Excellency Col. Shute, now appointed the Governour of this Province, in the same manner as it was designed to be to Col. Burges.
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A Petition of Nathanael Goodhue, and Thomas Choat, in behalf of the Precinct of Chebacco, in Ipswich, presented to the House and Read, praying that the Set- tlement of the Bounds of the said Precinct as agreed between them and the said Town, may be allowed & confirmed by the Court, and that they may be vested with the Powers and Priviledges of a Precinct.
A Copy of the Agreement of the said Bounds was also Exhibited and Read.
A Message from the Board by Elisha Hutchinson, Andrew Belcher, and Adding- ton Davenport, Esqrs; giving reasons for altering the Method proposed by the House for preferring the Humble Address of this Court to His Majesty, which they desired the House to consider, and withdrew.
Ordered, That a Message be sent up to the Board, That the House continue of the same mind they were, as to the preferring the said Address. Sent up by Capt. Noyes, and Mr. Cooke.
A Petition of Samuel Lee, Sen. & Aaron Bennet Select-men of the Town of Man- chester, presented to the House and Read, praying that the said Town may be exempted from the Province Tax for a few Years, for reasons therein mentioned.
A Bill Intituled, An Act Stating the Fees of the Custom-House Officers within this Province.
Read a First time.
A Bill Intituled, An Act in Addition to the Act for Regulating Fees. Stating the Fees of the Officers of the Court of Admiralty.
Read a First time.
A Bill Intituled, An Act in further Addition to An Act for making Lands and Tenements, liable to the Payment of Debts.
Read a First time.
A Petition of Edward Bishop and Four others, Inhabitants of the Town of Ips- wich. Sent down from the Board, not pass'd upon there. Read, praying that they may be set off, and belong to the Precinct in the said Town called the Hamlet, for the Maintenance of the Gospel Ministry, and not to that called Chebacco, for reasons therein set forth.
Ordered, That the Petitioners serve the Precinct of Chebacco, and that called the Hamlet, with a Copy of their Petition, and notify them, that they may be heard thereon, if they desire it, on Friday the Fifteenth Currant before this Court.
Sent up for Concurrence.
A Draught of a Letter to His Excellency Col. Samuel Shute, to accompany the Address of the Court, Sent down, Read. And Voted, That the House approve thereof. Sent up. [ 9 ]
The Petition of John Brigham &c. praying as entred the First Currant, Read again, and
The Question being put, Whether the Prayer of the Petition be Granted ?
It pass'd in the Negative.
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The Petition of Hopestil Brown, &c. praying as entred the 30th of November last. Read, and
The Question being put, Whether the Prayer of the Petition be Granted ? It pass'd in the Negative.
A Message from the Board, That the House do now come up to the Council Chamber to attend the Hearing appointed to be this Day on the Petition of Rich- ard Carr, between him and the Towns of Newbury and Salisbury.
Mr. Speaker and the House went up accordingly. And both Parties being heard were dismist, and Mr. Speaker and the House return'd to their own Cham- ber.
A Petition of Jonathan Fuller, and two others, with the Select-men of the Town of Newton, Praying this Court to approve and ratify the Agreement and Votes of the said Town referring to the Building a Meeting-House, an attested Copy whereof is annext. Sent down from the Board, pass'd on there, viz. June 5th. 1716. Read, and
Resolved, That the Prayer of the Petitioners be Granted, and that the Town Votes of Newton hereto annexed, be and are hereby approved of, Ratified and Confirmed, any former Order of this Court to the contrary notwithstanding.
Sent down for Concurrence. Read and Concurr'd.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Tobis 7. die Junii. 1716.
M R. Cooke from the Committee appointed, Reported a Method, to obtain a true and just Valuation of the Rateable Estate of this Province. Which was long Debated.
And the previous Question being put, Whether the said Report shall be now put to the Vote ? It pass'd in the Affirmative.
Ordered, That the said Report be accepted, and That Mr. Cooke, Col. Basset, and Maj. Stoddard be a Committee to draw a Bill accordingly.
Post Meridiem.
Ordered, That a Message be sent up to the Board, desiring them to joyn with this House in the choice of a Treasurer, Impost Officer, and Attorney General to Morrow Morning. Sent up by Capt. Noyes, Mr. Cooke, Col. Thaxter, and Col. Goffe.
A Bill Intituled, An Act Stating the Fees of the Custom-House-Officers. Read a Second time.
Mr. Payne from the Committee appointed to Examine the Treasurers Ac- compts, made Report that they had attended the Order of the House, and per-
L
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formed that Service, and find his Accompts right Cast and well avouch'd in every Article.
The Accompt of Mr. Jeremiah Allen Treasurer and Receiver General of this Province, beginning the 26th. Day of May, 1715. and continued unto the 30th. Day of May, 1716. Amounting unto the Sum of Fifty One Thousand, Fifty Two Pounds Eighteen Shillings and Seven Pence, having been presented and laid before the House of Representatives, and Inspected by said House, by which it appear's there was standing out on said Thirtieth Day of May, Four Thousand Four Hun- dred & Eighteen Pounds, Sixteen Shillings & Two Pence, of the Taxes. Nine Thou- sand Pounds neat Province Bills, for the Exchange of Bills, One Thousand Two Hundred, Twenty Two Pounds, Ten Shillings & Ten Pence, neat Province Bills, and Four Thousand Sixty Nine Pounds, One Shilling & Two Pence, Province Bills, with the Five per Cent. advance thereon, in the Treasury, and further to be Ac- compted for.
Voted, That the said Accompts in the several Articles of Receipts and Pay- ments therein mentioned, amounting unto the Sum of Thirty Two Thousand, Three Hundred Forty Two Pounds, Ten Shillings & Five Pence, be and are hereby allowed of, and the said Treasurer is hereby Discharged of the said Sum of Thirty Two Thousand, Three Hundred Forty Two Pounds, Ten Shillings & Five Pence.
Sent up for Concurrence.
A Petition of Elisha Hedge &c. Praying as entred the 30th. Day of November, 1715. Sent down from the Board, pass'd on there, viz. June 7. 1716. Ordered, That a Hearing on this Petition be had before this Court this Day, afternoon.
Sent down for Concurrence. Read and Concurr'd.
A Message from the Board, That the House now come up to attend the said Hearing.
Mr. Speaker and the House went up accordingly, and the Parties being heard, Mr. Speaker and the House return'd to their own Chamber.
A Petition of Samuel Porter and Nathanael Porter, Administrators, cum testa- mento annexo, [ 10 ] to the Estate of their late Father, Joseph Porter Sen. late of Salem, presented to the House and Read, shewing that their said late Father, made their Brother Joseph Porter sole Executor of his last Will and Testament, who died before his Father, and now the Guardians of the Children of their said late Brother Joseph, have Sued and Recovered the Estate out of their hands, al- tho' they became engaged when they took Administration to pay, l. 325. Lega- cies, besides Debts, which they are liable to pay out of their own Estates, and have no remedy in the Law. Praying Relief from this Court.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
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Deneris, 8. die Tunii, 1716.
T He Memorial of Dr. Cotton Mather, moving as entred the 2d. Currant. Read again, and
Ordered, That Col. Basset, Col. Thaxter, Capt. Noyes, Mr. Parker, and Mr. Thomas, be a Committee to Examine the Books, and find what has been already paid on the Account of the Service mentioned in the Memorial, and Report the same, with what they think proper to be done in answer to the said Memorial. And for the Heirs of the late Reverend Mr. Ichobad Wiswell, who accompanied the Agents of the late Colony of the Massachusetts-Bay, being sent by the late Colony of New-Plymouth.
A Report of John Cushing Esq; &c. whereof Entry is made the First Currant. Read again, and
Ordered, That it be committed to the Committee for Petitions.
According to the Order of the Day Mr. Speaker sent up a Message to the Board by Col. Thaxter and Col. Somersby, That the House are now ready to proceed in the choice of a Treasurer, Attorney General for this Province, and Commissioner of Impost.
The House prepared their Votes for a Treasurer, which Mr. Speaker sent up by Mr. Rogers, and Mr. Cooke, to sort and number them with the Votes of the Board, and Report the choice.
Who Reported that Mr. Jeremiah Allen was chosen by a major part of the Voters.
The House prepared their Votes for an Attorney General for this Province, which were carried up by the aforesaid Members.
Who Reported that Paul Dudley Esq; was chosen by a major part of the Voters.
The House prepared their Votes for a Commissioner of Impost, which the said Members carried up, and being returned, Reported that Mr. Daniel Russel was chosen by a major part of the Voters.
A Letter from the several Inhabitants of the Town of Wells, Dated the 4th. Currant. And a Letter from Joseph Bane of Casco, Dated the 5th. Currant, both directed to His Honour the Lieut. Governour relating to the Behaviour of the Eastward Indians. Sent down from the Board and Read.
A Petition of John Campbell Deputy Post-Master-General of New-England, presented to the House and Read, praying that his Accompt of Postage of Pub- lick Letters the Year past, amounting to the Sum of /. 32 16 s. 5 d. may be al- lowed and paid, and such other Encouragement given to him as this House shall think proper for his Service in the said Office, and for Printing Weekly a Letter of Foreign and Domestick Intelligence.
A Petition of John Francis of Medford who had the Grant of 100 Acres of Land given him by the General Court October 15. 1679. in consideration of a Wound he
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received in the Building of Harvard-Colledge. But the said Grant never yet laid out, praying that he may be allowed now to do it. Committed.
Ordered, That Mr. Payne and Mr. Anthony Stoddard be a Committee to prepare and lay before the House, the Draught of a Bill, Limitting the time in which the Grants of Land shall be taken up and laid out after they are made.
A Petition of Edmund Goffe Representative of the Town of Cambridge, pre- sented to the House and Read, complaining that the Registry of Deeds is not kept in the said Town as the Law Directs, it being the Shire Town in the County of Middlesex. Praying Redress.
Upon a Motion of the Representatives of the Town of Charlestown, who affirm the said Town to be the Shire Town of the County of Middlesex.
Ordered, That they receive a Copy of this Petition. And that they may be heard before this Court in answer thereto on Thursday next.
Sent up for Concurrence.
Col. Thaxter from the Committee for Petitions made Report on the Report of John Cushing Esq; &c. committed to them this Day, which was accepted by the House, & accordingly,
The House pass'd a Concurrence with the Vote of the Board thereon. Provided, That [ 11 ] the whole Town stand obliged to an honourable Maintenance of the Reverend Mr. Keith, their present Aged Minister, if he shall out-live his Powers and Capacity of Discharging the Office and Duty of their Minister.
Sent up for Concurrence.
The Petition of John Francis, praying as entred this Day further considered, and the Report of the Committee thereon, which was accepted by the House, viz. That the Prayer thereof be Granted, provided he satisfy the House that the said Grant has not yet been laid out.
Mr. Payne laid before the House a Book in which he had entred the several Grants of Land, and Money, made by this Court since the present Royal Charter of this Province, pursuant to their Order, with his account of the charge of the Book and Entring. Amounting to the Sum of l. 6 2 s. 6 d.
Resolved, That the Sum of Six Pounds, Two Shillings & Six Pence, be allowed and paid out of the Publick Treasury to William Payne Esq; to Discharge the said Accompt. Sent up for Concurrence.
A Motion being made and Method proposed more effectually to raise and col- lect a proper Excise upon Liquors, and Strong Drink Sold by Retail.
A long Debate ensu'd thereon.
Voted, That the Rates of Excise upon Strong Drink, for the Year coming be as follows, viz.
Upon Rhum, and all Distill'd Spirits, Eight pence per Gallon.
On all Sorts of Wine Six pence per Gallon.
On Cyder and Perry Two Shillings per Barrel.
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That all Taverners, Retailers, &c. shall give an Account upon Oath of their Draught, and that they shall not be Compounded with.
That a Bill be drawn accordingly. Sent up for Concurrence.
The Petition of Elisha Hedge &c. upon which there was a Hearing yesterday. Sent down from the Board, pass'd on there, viz. June 7. 1716. Read and Dismist.
Sent down for Concurrence. Read and Concurr'd.
A Message from the Board, That the House now come up to attend the Hear- ing upon the Petition of Cord Wing, between him & his Sister Sarah Tomlin ap- pointed the last Sessions.
Mr. Speaker and the House went up accordingly. And the Parties being fully heard, Mr Speaker and the House return'd to their own Chamber.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Babbati 9. die Junii, 1716.
T He Petition of Samuel Porter & Nathanael Porter praying as entred the 7th. Instant, Read again, and
Ordered, That the Petitioners serve the adverse Party with a Copy of this Peti- tion, and notify them that they may be heard before this Court on Wednesday the 13th. Instant, if they have any thing to alledge why the Prayer thereof should not be Granted: And that in the mean time, the Execution mentioned in the Petition be stop'd. Sent up for Concurrence.
Ordered, That the Treasurer be directed to keep a distinct Accompt of the Charge of Castle-William, and each of the other Forts in this Province, That it may be presented separately to the view of the House in his Accompts Annually.
Voted, That the Hon. Adam Winthrop, Esq; Jonathan Dowse, and William Payne, Esqrs; be a Committee to investigate a suitable place for the Erecting a Hospital, for the Reception of such as are brought in, or taken with any Pestilen- tial or Infectious Distimpers, treat with the Owner or Owners of the same, and project a Draught for a House, with the computation of the Charge, and what may be necessary to be Enacted for the preventing the spreading of such Distem- pers, and make Report at the next Sessions. Sent up for Concurrence.
A Petition of Thomasin Woodwell alias Hill, Wife of Robert Hill of Salem, pre- sented to the House and Read, praying that she may be enabled to Trade, Buy and Sell on her own Account, notwithstanding her Coverture, her said Husband being in such a crazed condition, that he takes no care for her support.
Committed.
A Report of John Wheelwright, Charles Frost, Abraham Prebble, and Joseph Hammond, a Committee appointed to lay out a Road to Pejepscot, c. Sent down from the Board, June 5th. Read and Recommended. Read and Committed.
Upon a Motion being made. [ 12 ]
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Ordered, That the Deficiency of the Funds that were projected for making up the last Years Tax be first provided for, before a new Tax is Levied.
Whereas upon Examination it is found that the Funds for bringing in the l. 22000, that was formerly Granted to be Levied the last May Session, fall short the Sum of l. 3572 3 s. I d.
Ordered, That the Interest of the l. 50000 of Credit Bills, lent by this Province, not yet paid into the Treasury, be Granted and Appropriated for the making good of the said Deficiency, so far that the first l. 3572 3 s. I d. thereof, that shall be paid into the Treasury, by the Trustees for the said Loan, shall be applied and improved to Discharge the same, there being as yet but l. 903 3 s. 2 d. of the said Interest paid into the Treasury. Sent up for Concurrence.
A Bill Intituled, An Act further continuing of An Act Intituled, An Act against Hawkers, Pedlars and Petty Chapmen. Read a First time.
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