Journals of the House of Representatives of Massachusetts, Part 11

Author: Massachusetts. General Court. House of Representatives; Massachusetts Historical Society
Publication date: 1717
Publisher: Boston : Massachusetts Historical Society
Number of Pages: 314


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Ordered, That the several Towns of this Province be at this Session Propor- tioned to a Tax of l. 11000.


And then the House Adjourn'd till Monday next Three a Clock afternoon.


Lunee 11. Die Junii. 1716.


T He Petition of Cord Wing upon which there was a Hearing the 8th. Currant, the Prayer whereof is entred the 22d. December last. Sent down from the Board, pass'd upon there, viz. In Council June 8th. 1716. Upon a Hearing had upon the within Petition before the whole Court. Ordered, That the Petition be Dismist. Sent down for Concurrence. Read and Concurr'd.


The Committee appointed brought in a Bill Intituled, An Act for the more effectual Discovering of the Rateable Estates within this Province.


Which was Read a First time.


A Petition of Samuel Woodward Esq; Secretary of this His Majesties Province. Presented to the House and Read. Shewing, That the Business of the said Office, run greatly behind, between the Death of the late Secretary, and his Arrival. That he had been at considerable charge in procuring assistance to Post up the Books &'c. and had Constituted Mr. Joseph Marion his Deputy, by advice of His Honour the Lieut. Governour and Council, to assist in that Office. Praying the Court to take the Premises into their just and wise consideration. And to ap- point suitable Persons to Inspect and Report the present State and Business of the Office.


A Letter from Mr. Agent Dummer, to Mr. Speaker. Dated September 24th. 1715. Read.


The Petition of Richard Carr, upon which there was a Hearing the 6th. Cur- rant. Sent down from the Board, pass'd on there, viz. In Council June 7th. 1716. Declared upon the Hearing had yesterday before this Court, upon the within


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Petition, That the setting up of Marche's Ferry, over Merrimeke-River from Whites Point, in Newbury, to Ringe's Point in Salisbury, in the County of Essex, is no Infringement of any former Grant to George Carr, the Province having re- served to themselves the liberty of setting up other Ferrys as should be found needful, and the Petition being groundless. Ordered, That it be Dismist.


Sent down for Concurrence. Read and Non-concurr'd.


And Ordered, That Col. Basset, Mr. Anthony Stoddard, and Mr. John Stoddard, be a Committee to whom the said Petition is Committed.


And then the House Adjourn'd till to Morrow Morning Nine a Clock.


Martis 12. die Junii. 1716.


V Oted, That l. 11000 only of the l. 22000, Granted in the Year 1711, be Levied and Collected the present Year.


And that the Duties of Impost and Tunnage of Shipping, and Excise, be a Fund and Security for the Drawing in the remaining /. 11000.


Sent up for Concurrence.


The Committee for that end made report on the Memorial of Dr. Cotton Mather, which was accepted by the House, and accordingly


Resolved, That the Sum of One Hundred Pounds be further allowed and paid out of the Publick Treasury to the Reverend Dr. Increase Mather, in full for his Service as Agent for this Province at Whitehall, from December 1689, to October 1692. Sent up for Concurrence. [13 ]


Resolved, That the Sum of One Hundred Pounds be allowed and paid out of the Publick Treasury to the Heirs of the late Reverend Mr. Ichabod Wiswell, further and in full for his Service in accompanying the Agents of this Province to, and at Whitehall, from December 1689, to October 1692.


Sent up for Concurrence.


The House proceeded to apportion the Sums to be paid by the several Towns of the Province in a Tax of /. 11000 this Year, which was done by a particular Vote on each Town, the respective Representatives having first had opportunity ยท to set forth to the House the State and Circumstances of their Towns.


A Petition of William Ward in behalf of himself and the rest of the Six Fami- lies of Newton, that are dismist from the Charge and Support of the Ministry in Newton, to the South Precinct in Roxbury. Praying that they may be freed from the Charge of assisting towards Building the Meeting House in Newton, and Main- taining the Minister there while they attend at Roxbury. Sent down from the Board, pass'd on there, June 12. 1716. Read, and Ordered, That the Petitioners serve the Select-men of Newton with a Copy of this Petition, that they may be heard before this Court on Thursday the 14th. Currant, at Four a Clock P. M. to shew cause if any they have why the Prayer thereof may not be Granted.


Sent down for Concurrence. Read and Non-concurr'd.


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An Account of the Propositions made by Captain Bommazeen, and Bomiskeke (Two of the Chiefs of the Eastern Indians lately come from them to Boston) to His Honour the Lieut. Governour, with His Honours Answers to them. Brought down from the Board and Read.


A Petition of John Legg, Nathanael Norden, and 64 others, presented to the House and Read, praying that a Settlement may be allowed at Casco-Bay, and protected by a small Fort, for the Security and Encouragement of the Fishery, that have occasion to Harbour often there.


A Bill Intituled, An Act to prevent Inconveniences arising by Persons refusing to serve in the Office of Constables, that are duly chosen thereto. Read a First time. A Bill Intituled, An Act in further addition to an Act Intituled, An Act Relating to Sureties upon mean Process in Civil Actions. Read a First time.


A Message from the Board, That the House now come up to attend the Hear- ing upon the Petition of sundry Inhabitants of Glocester, desiring to be set off a Precinct, for Maintaining the Gospel Ministry.


Mr. Speaker and the House went up accordingly, and both Parties being fully heard, The House returned to their own Chamber.


A Bill Intituled, An Act for the more effectual Discovering of the Rateable Estates within this Province, for a just and true Valuation thereof. Read a Second time. A Bill Intituled, An Act for the further continuing of an Act Intituled, An Act for the better Regulation of Swine going at Large, &c. Read a First time.


And then the House Adjourn'd till to Morrow Morning Nine a Clock.


Mercurii 13. die Funit, 1716.


O Rdered, That Mr. Payne, Col. Basset, and Major Stoddard be a Committee to prepare and bring in a bill for Granting to His Majesty an Excise upon Wines, &c. agreable to the Vote of this House for that end, which is agreed to by the Board.


A Bill Intituled, An Act for the further Continuing of an Act Intituled, An Act for the better Regulation of Swine going at Large. Read a Second time.


A Bill Intituled, An Act in further addition to an Act Intituled, An Act relating to Sureties upon mean Process in Civil Actions. Read a Second time.


A Bill Intituled, An Act to prevent Inconveniencies arising by Persons refusing to serve in the Office of Constable, that are duly chosen thereto. Read a Second time. And the Question being put, Whether the Bill be Read a Third time ? It pass'd in the Negative.


A Bill Intituled, An Act for the further continuing of an Act Intituled, An Act against Hawkers, Pedlars and Petty Chapmen .. Read a Second time, and Ordered, That the said Bill have a Third Reading.


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 Second time.


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A Bill Intituled, An Act in further addition to an Act Intituled, An Act for mak- ing Lands and Tenements liable to the Payment of Debts. Read a Second time.


The Committee to whom the Petition of George Carr was referred, brought in their Report thereon, which was Read and Accepted by the House, and accord- ingly. [ 14 ]


Resolved, That Mr George Carr, his Heirs and Assigns, had a Right to the whole Ferry on both sides of the River, between Newbury and Salisbury, by virtue of a Grant of the Court of Salisbury 1650, being impowered by the General Court, 1649, to make such Grant, which Grant was confirmed by the General Assembly, May 1669, and that no Ferry or Ferries were to be set up without his having the refusal of the same. And although the General Court reserved a Liberty to them- selves, to order a Ferry or Ferries, to be set up, yet that the said George Carr, nor his Heirs never forfeited their Right by any refusal. Sent up for Concurrence.


The Petition of Edward Hutchinson Esq; and Seven others, in favour of the Settlement at Arowsick-Island. Praying as entred the 5th Currant, Read again, and


Ordered, That the Prayer of the Petition be so far Granted, That the Island of Arowsick be Constituted a Township by the Name of George-Town.


Sent up for Concurrence.


The petition of John Campbell Deputy Post-Master General of New-England, praying as entred the the 8th. Currant. Read again, and


Resolved, That the Sum of Twenty Seven Pounds, Sixteen Shillings, & Five Pence, be allowed and paid out of the Publick Treasury, to Mr. John Campbell the Pe- titioner, in full of the Accompt accompanying his Petition.


Sent up for Concurrence.


The Petition of Isaac Wonno & Joshua Shantum, Indians, praying as entred June 21, 1715. on which there has been a Hearing this Sessions. Sent down from the Board, pass'd on there, viz. June 8. 1716.


Resolved, That Kitteticut-River is the Southermost Bounds of the Town of Bridgewater, any Construction put upon the Report of the Committee of Barn- stable, to the contrary notwithstanding. Sent down for Concurrence.


Read.


A Bill Intituled, An Act Stating the Fees of the Custom-House Officers within this Province. Read a Second time.


Mr. Speaker sent up a Message to the Board by Mr. Cooke and Capt. Chambers, That this House desire their Vote, relating to the Tax, to be raised this Year may be pass'd upon there and sent down.


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3 Post Meridiem.


The Petition of John Legg, Nathanael Norden, &c. Praying as entred yesterday, Read again.


And the Question being put, Whether the Prayer of the Petition be Granted ? It pass'd in the Negative.


The Petition of Ebenezer Allen and Jonathan Head, in behalf of the Proprietors of Dartmouth, praying as entred December 16. 1715. Read and Committed. An Accompt of Daniel Oliver, &c. Overseers of the Poor in the Town of Boston, of their Charge in the necessary Support of Province Poor, amounting to the Sum of l. 115 15 s. Presented to the House for Allowance and Payment.


Committed.


John Pynchon Esq; brought down from the Board, the Petition of Edward Hutchinson Esq; &c. which was sent up this Day. Pass'd upon there, viz. In Council June 13. 1716. Read and Concurr'd.


And the Board are of Opinion, That it will be much for His Majesties Service, for the Interest of this Government, and for the promoting of the New Settle- ments (which is of great Consequence) that a suitable Number of Men be con- tinued at Arowsick for some time, and desire the House would Re-consider it.


Read, and


Ordered, That the said Petition be Re-considered.


Upon further Consideration of the said Petition.


Ordered, That Sixteen Men in the Publick Pay be allowed to cover the Settle- ment at Arowsick-Island, now Denominated George Town, for the space of Six Months next coming, and no longer. Sent up for Concurrence.


A Message from the Board, That the House now come up to attend the Hearing upon the Petition of Samuel & Nathanael Porter appointed to be this Day.


Mr. Speaker and the House went up accordingly. And both Parties being fully heard and dismist, returned again to their own Chamber.


A Petition of Henry Gilbert, Thomas Gilbert, and Philip Goss, a Committee for the Town of Brookfield, Presented to the House and Read, Praying that Forty Pounds may be Granted to them out of the Publick Treasury towards Building their Meeting-House.


And the Question being put, Whether any thing shall be Granted in answer to the said Petition ? It pass'd in the Negative.


And then the House Adjourn'd till to Morrow Morning Nine a Clock. [ 15 ]


Tobis 14. die Junii, 1716.


A Petition of John Eames Jun. of Framingham, presented to the House and Read, Praying Confirmation of a Grant of 20 Acres of Meadow, which was granted in May, 1663, to Mr. Richard Parker, and the Petitioner has bought of


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his Hiers, and that he may have leave to lay it out by a Skilful Surveyor and Chainman under Oath. Committed.


A Petition of John Hovey of Charlestown, presented to the House and Read, praying to be reimbursed the Sum of l.8 6 s. 8 d. which he paid to Ransom him- self out of Captivity, having been Captivated in the Service, Anno 1707, by the Indian Enemy and carried to Quebeck. Committed.


A Petition of Ann Dowding of Boston, Widow, presented to the House and Read, Praying an Explanation of the Order of this Court, passed the 26th of July last, on the Petition of Edward White, as set forth in the said Petition.


Committed.


A Petition of Benjamin Wright Jun. of Northampton, presented to the House and Read, praying that an Annual Pension may be setled upon him for Life, in consideration that when he was in the Service in the late War, he had One of his Hands maim'd and disabled by his Gun's breaking in Firing.


Resolved, That a Pension of Three Pounds per Annum, be allowed and paid out of the Publick Treasury to Benjamin Wright the Petitioner, during his natural life.


Sent up for Concurrence.


The Committee to whom the Petition of Ebenezer Allen and Jonathan Head was Committed, yesterday made their Report thereon. Which was accepted by the House, and accordingly,


Voted, That the General Courts acceptance of the Committee's Report, Anno 1699. refers only to the Boundary Line between the Town of Dartmouth, and the Towns of Little-Compton and Tiverton. Sent up for Concurrence.


A Bill Intituled, An Act for the further continuing of an Act Intituled, An Act for the better Regulation of Swine going at large, &c. Read a Third time, and pass'd to be Engross'd.


Sent up for Concurrence.


A Bill Intituled, An Act for the further continuing of an Act Intituled, An Act against Hawkers, Pedlars, and Petty Chapmen. Read a Third time, and pass'd to be Engross'd. Sent up for Concurrence.


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 Third time, and pass'd to be Engross'd.


Sent up for Concurrence.


A Bill Intituled, An Act Stating the Fees of the Custom-House Officers within this Province. Read a Third time, and pass'd to be Engross'd.


Sent up for Concurrence.


The Accompt of the Overseers of the Poor in the Town of Boston, Committed yesterday, returned by the Committee with their Report thereon, which was ac- cepted by the House, and accordingly,


Resolved, That the Sum of One Hundred and Fifteen Pounds, and Fifteen Shil- lings be allowed and paid out of the Publick Treasury, to the Overseers of the Town of Boston, to discharge the Accompt on the other side.


Sent up for Concurrence.


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Post Meridiem.


A Petition of Wigglesworth Sweetser and Ursilla his Wife, presented to the House and Read, praying that a Plat of Three Hundred Acres of Land, laid out and Surveyed by William Ward Surveyor, and Chain-Men under Oath, there- with Exhibited, pursuant to an Order of this Court, may be Confirmed to them.


Resolved, That the Prayer of the Petition be Granted, Provided it doth not Interfere with any former Grant. Sent up for Concurrence.


Mr. Payne according to Order presented to the House a Bill, Intituled, An Act for settling of Grants, Which was received and Read a First time.


A Memorial of John Wheelwright Esq; in behalf of himself, and the rest of the Committee for Eastern Claims, Praying that an Account of their Time and Charge in that Service, and in laying out a Town at Winter-Harbour therewith Exhibited, may be allowed and paid. Sent down from the Board, Read and Recommended. Read and Committed.


The Vote of this House pass'd the 12th Currant, for bringing in l. 22000. Granted formerly to be Levied this Session. Sent down from the Board, Non-concurr'd.


Read, and Ordered, That it be insisted on and sent up.


A Message from the Board by Andrew Belcher Esq; That the House now come up to [ 16 ] the Council Chamber to attend a Hearing appointed to be this Day upon the Memorial of Col. Edmund Goffe, Representative of Cambridge, com- plaining that the Office of Registry of Deeds is not there kept.


Mr. Speaker and the House went up accordingly, and the Parties being heard, Returned to their own Chamber.


A Bill Intituled, An Act for the more effectual discovering of the Rateable Estates within this Province, for a just & true valuation thereof. Read a Third time, and pass'd to be Engross'd. Sent up for Concurrence.


A Bill Intituled, An Act for Granting unto His Majesty an Excise upon Wines, Liquors, and other Strong Drink Sold by Retail. Read a First time. The following Vote sent down from the Board, viz. In Council June 14. 1716.


Voted, That Samuel Sewall, Andrew Belcher, Thomas Hutchinson, Thomas Fitch and Adam Winthrop, Esqrs; be a Committee to joyn with such as the House shall appoint to confer upon the matter of the Tax now under Consideration. Sent down for Concurrence.


Read and Non-concurr'd Nemine Contradicente.


And then the House Adjourn'd till to Morrow Morning Nine a Clock.


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Deneris, 15. die Junit, 1716.


T He vote of the Board on the Petition of Isaac Wonno, and Joshua Shantum Indians, entred the 13th Currant. Read again, and Concurr'd. A Bill Intituled, An Act for Granting to His Majesty an Excise upon Wines, Liquors, and other Strong Drink Sold by Retaile. Read a Second time, and Debated Paragraph by Paragraph.


3 Post Meridiem.


The Report of John Wheelwright Esq; &c. that was Read and Committed the 9th Currant. Return'd by the Committee with their Report thereon, which was Read and accepted by the House, and accordingly,


Resolved, That a Minister be allowed for the Garrison at Winter-Harbour, for the space of one Year, and that the Sum of Forty Pounds be allowed and paid out of the Publick Treasury for his Support. And that the Sum of Fifty Seven Pounds, Five Shillings be further allowed and paid out of the Public Treasury to Abraham Prebble Esq; to Discharge the Committee's Accompt.


Sent up for Concurrence.


The Petition of James Hovey, praying as entred the 14th Currant, Read, and the Report of the Committee thereon, which was accepted by the House, and accord- ingly,


Resolved, That the Sum of 1.8 6 s. 8 d. be allowed and paid out of the Publick Treasury to James Hovey the Petitioner in full of his Petition.


Sent up for concurrence.


The Memorial of John Wheelwright Esq; praying as entred yesterday, Re- turned by the Committee with their Report thereon, which was Read and ac- cepted by the House, and accordingly,


Resolved, That the Sum of Twenty One Pounds, be allowed and paid out of the Publick Treasury, to John Wheelwright Esq; to Discharge the said Accompt.


Sent up for Concurrence.


The Petition of Ann Dowding, praying as entred yesterday, Read again, And the Committee made their Report thereon, which was accepted by the House, & accordingly,


Ordered, That the Court that Tryed the said Cause, be Directed, and Enabled to Chancer the same according to Justice and Equity. Sent upfor Concurrence. The Petition of John Francis, praying as entred the 8th Currant. Read again, and the Report of the Committee thereon, which was accepted by the House, and accordingly,


Resolved, That the Prayer of the said Petition be Granted.


Sent up for Concurrence.


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The Petition of Col. Edmund Goffe, praying as entred the 8th Currant, upon which there was a Hearing the 14th Currant. Sent down from the Board, pass'd on there, viz. In Council June 15. 1716. Upon a Hearing of the Towns of Cambridge and Charlestown, as to their respective Claims of being the Shire Town of the County of Middlesex.


Resolved, That Cambridge is the Shire Town of the said County.


Sent down for Concurrence. Read and Non-concurr'd.


A Message from the Board by Edmund Quincey Esq; That the House now come up to the Council Chamber, to attend the Hearing appointed to be this Day on the Petition of Edward Bishop, and Four others of the Town of Ipswich, which was Read the 6th Currant.


Mr. Speaker and the House went up accordingly. And both Parties being heard, they returned to their own Chamber.


And then the House Adjourn'd till to Morrow Morning Nine a Clock. [ 17 ]


Sabbati 16. die Junii, 1716.


A Memorial of Col. Benjamin Church, presented to the House and Read, pray- ing consideration and allowance for his extraordinary charge and expence in the Publick Service in the Year 1704 when he commanded an Expedition East- ward, against the French and Indian Enemy, for which he had no Allowance.


Committed.


A Bill Intituled, An Act for Granting unto His Majesty an Excise upon Wines, Liquors, and other Strong Drink Sold by Retail, Read a Third time, and pass'd to be Engross'd.


Sent up for Concurrence.


The Petition of Samuel and Nathanael Porter, upon which a Hearing was had the 13th Currant. Sent down from the Board, pass'd on there, viz, June 15. 1716. On a Hearing of the within Petition of Samuel and Nathanael Porter, &c. It being set forth that their Appeal on a Scire Facias &c. was quashed by a Defect in the reasons of Appeal.


Ordered, That the reasons of Appeal be amended, and the Petitioners admitted to a new Tryal of the said Action, at the Superiour Court to be held at Salem, for the County of Essex in November next, the adverse Party to be timely notifyed, and the Execution in the mean time to be suspended.


Sent down for Concurrence. Read and Concurr'd.


The Petition of Jacob Davis &c. Praying as entred the First Currant, upon which there has been a Hearing this Session. Sent down from the Board, pass'd on there, viz. In Council June 12. 1716. On consideration of the Allegations this Day in the Hearing upon this Petition.


Ordered, That the Prayer of the Petition be granted, and that the Inhabitants


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of the Westerly side of Annosquam-River, be & are hereby set off a distinct and separate Precinct according to the Vote of the Town, and that they have all Powers and Authorities with other Precincts, as the Law Directs.


Sent down for Concurrence.


Read and Concurr'd.


Ordered, That Elisha Cooke Esq; Mr. Thomas Turner, Charles Chambers Esq; Col. Henry Somersby, Oliver Noyes, Esq; Samuel Thaxter Esq; Col. Edmund Goffe, Mr. Richard Trivet, Capt. John Gardner, Capt. Samuel Gallop, Mr. Luke Hitchcock, and Col. William Basset be a Committee to consider that Paragraph of His Honour the Lieut. Governour's Speech, which relates to the promoting the Produce and Trade of this Country, and make Report what they think proper for this Court to do therein as Expeditiously as may be.


Sent up for Concurrence.


A Petition of Samuel Bill of Boston, presented to the House and Read, praying consideration and allowance for the Damage he has sustained by Infectious Per- sons being put ashoar by Authority, several times, upon his Island called Spec- tacle-Island. Committed.


A Petition of Thomas Wright late Master of the Mary Galley of London, which was unfortunately Cast-away at Cape Sables a little time since, presented to the House and Read, praying that the Duty of Two Pipes, Two Hogsheads, and Two Terces of Rhum, that he saved and Imported into this Province may be remitted.


Resolved, That the Duty of the Six Casks of Rhum, mentioned in the Petition be remitted to the Petitioner. Sent up for Concurrence.


The Petition of Samuel Bill, praying as entred this day, further considered, and the Report of the Committee thereon, which was accepted by the House, and accordingly,


Resolved, That the Sum of Twenty Pounds be allowed and paid out of the Pub- lick Treasury to Samuel Bill the Petitioner, in full of his Petition.


Sent up for Concurrence.


An Engross'd Bill, Intituled, An Act for the further continuing of An Act In- tituled, An Act for the better Regulation of Swine going at large. Read, and Resolved, That the Bill do pass to be Enacted.


An Engross'd Bill, Intituled, An Act for the further continuing of An Act In- tituled, An Act against Hawkers, Pedlars, and Petty Chapmen. Read, and Resolved, That the Bill do pass to be Enacted.


The Memorial of Col. Benjamin Church, praying as entred this Day, Returned by the Committee, with their Report thereon, which was accepted by the House, & accordingly,


In consideration, That the Honourable Col. Benjamin Church, bestowed in Rewards on particular Persons, &c the value of his Wages, in his Eastern Expedi- tion, Anno 1704.


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And of his great Expences in raising Volunteers for the Service of this Province, and many his other good Services.


Resolved, That the Sum of Sixty Pounds be allowed, and paid out of the Publick Treasury in full as a Gratuity, to the said Col. Church.


Sent up for Concurrence.


An Account of Money due to Benjamin Stebbins and Samuel Marshall, for Serv- ice done, and Money Expended for the Publick, Amounting to the Sum of l. 3 17 s. 4 d. Cer-[ 18 ]tified, per Samuel Partridge Esq; presented to the House for Allowance. Read, and




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