USA > Massachusetts > Journals of the House of Representatives of Massachusetts > Part 14
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Boston, August 1. 1716.
A Petition of Luke Verdy, Cook, Presented to the House and Read, Praying, That he may be favoured with a Licence to keep a Tavern in the House called the Royal Exchange in Boston, which he has Hired for one Year: But the Select- men of the said Town, Refuse to give him a Certificate of Recommendation, for that Imployment, because he is not sufficiently known to them. [ 30 ]
A Bill Intituled, An Act for the Making One Hundred Thousand Pounds in Bills of Credit, and Letting out the same, upon real Security: Prepared by the Com- mittee of both Houses in the Recess of the Court: Sent down from the Board, not pass'd upon there. Read a first time.
A Petition of the Town of Dorchester by Thomas Tilestone, Samuel Paul and Hopestill Humphry Select-men of the said Town: Presented to the House and Read, Praying, That a Surveyor may be appointed to lay out 1000 Acres of Land, granted by the General Court to the said Town, Anno 1659. for the use of a Free-School, which has not yet been laid out.
Ordered, That the Prayer of the Petition be Granted to Dorchester that then was, when the Grant was made: Provided the said Grant, has not been already laid out. Sent up for Concurrence.
A Message from the Board by Thomas Fitch Esq; That this Day being the Anniversary of the happy Accession of His Majesty King G E O R G E: His Honour the Lieut. Governour has ordered the Treasurer to provide Wine for this Court to Drink together, which shall be sent in, as soon as the House is ready.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Tobis 2. die Augusti, 1716.
A Bill Intituled, An Act for the Making One Hundred Thousand Pounds, in Bills of Credit, and Letting out the same upon real Security. Read a 2d time. Col. Winthrop brought down from the Board a Translation of a Letter to His Honour the Lieut. Governour, from Vel Rale, a French Friar, Dated at Norrid- gawog the 8th July, 1716. which was Read; and His Honours Letter, to Samuel Moody, and John Watts Esqrs. Dated July 24th. Directing them to go to Norrid- gawog, and make answer to the said Letter, as therein Instructed. Read.
A Message sent up to the Board by Capt. Noyes, and Col. Thaxter, That His Honours answer is acceptable to the House.
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The Petition of Luke Verdy, Praying as entred yesterday, further Considered, and pass'd upon as follows, viz.
The Petitioner having hired the House most fit and best accommodated for the Entertainment, of this and the other Courts; and being presented as a Per- son proper and suitable for such an Employment.
Ordered, That he be, and he hereby is Licensed to keep a Tavern, in the said House for the Year next coming. He entring into Recognizance for that end, as the Law directs: Any Law, Usage or Custom to the contrary notwithstanding.
Sent up for Concurrence.
Upon a Motion being made, and the Question being put, Whether the House will proceed at this time to the further Consideration of the Bill prepared by the Commit- tee of both Houses ? It pass'd in the Negative.
Considering the great Weight and Importance of the Subject Matter of the Bill pre- pared in the recess of this Court, by a Committee of both Houses: And that the Affairs of the Husbandry are at this time so pressing, that this House can with no Conven- iency continue Sitting so long as is needful to Deliberate and Digest the same.
Ordered, That the further Consideration of the said Bill be referred to the Session of this Court, at the next Fall.
Ordered, That a Message be sent up to the Board by Capt. Noyes, Mr. Wil- liam Denison, and Capt. Chambers, That this House Desire a Day of Publick Thanksgiving to Almighty GOD, may be Appointed and Celebrated throughout this Province, for the Divine Favour signally exprest to His Sacred Majesty King GEORGE and his Dominions, in the happy Success given to His Majesty's just Arms, in a total Subduing the Horrid and Unnatural Rebellion raised by the Pre- tender and his Adherents in Great Britain.
And then the House Adjourn'd till to Morrow Morning Nine Clock. [ 31 ]
Deneris 3. die Augusti, 1716.
A Memorial of Mr. Secretary Woodward, Presented to the House and Read, shewing, That he had Presented to the Council an Accompt of l. 82, 1 6. due to him from the Province, pursuant to an Act, Intituled, An Act in Addition to an Act, for Regulating Fees; which they did not consent should be paid, because They apprehended the Services mentioned in his said Accompt were in whole or part paid for, in the Grant of l. 90, given to him at the last Session; Praying the House to signifie to the Honourable Council, their true Intent and Meaning in the afore- said Grant.
Resolved, That the Intent and Meaning of this House in the Grant of Ninety Pounds the last Session, to Mr. Secretary Woodward, was to give him that Sum, over, and above the Fees allowed to him by the Law, saving that They expected, he should not bring into his Accompt the Posting up of the Books, in the Time between the Death of the late Honourable Secretary, and his own Arrival.
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A Petition of John Keyes, Eleazar Taylor, and Abraham Eager, in behalf of the Owners and Possessors of a Tract of Land in Marlborough, formerly called Agogan- quamasset, containing about 5800 Acres, whereon are settled about 30 Families. The Indian Title to which Land they purchased, without the Approbation of the General Court, being about the time of Sir Edmund Androse his Government. Praying this Court now to Approve their said Purchase, that their Title may be fully Confirm'd.
Ordered, That the said Petition be referred to the next Session, for further Consideration.
The following Vote sent down from the Board. viz. In Council.
Voted, That a Publick Thanksgiving be kept throughout this Province, upon Thursday the 23d of August Currant, for the Success of His Majesty's Arms, in suppressing the late Horrid and Unnatural Rebellion.
And, that a Proclamation be Issued out accordingly.
Sent down for Concurrence. Read and Concurr'd.
Upon a Motion being made by Mr. Payne, That a further Sum is requisite to be Granted for the finishing the Light-House, ordered to be Built at the En- trance of the Harbour of Boston.
Resolved, That the Sum of Four Hundred Pounds, be further Allowed and Paid out of the Publick Treasury, to the Committee appointed to take care of the Building the said Light-House, for the finishing that work.
Sent up for Concurrence.
A Message from the Board, by John Clark Esq; That the House now come up to the Council Chamber, to Attend the Hearing appointed to be this Day upon the Petition of the Reverend Mr. Nehemiah Walter Pastor, and John Payson, and John Mayhew Deacons of the Eldest Church in Roxbury, between them on the one part, and the Lessees of the School Lands in the said Town, on the other part.
Mr. Speaker and the House went up, and both Parties being heard, they re- turn'd again to their own Chamber.
3. Post Meridiem.
Addington Davenport Esq; and Mr. Secretary Woodward, brought down the Memorial of Mr. Secretary that was pass'd upon in this House in the Forenoon, with the Accompt referr'd to therein, Moving the House to make such Deduction there-from, as they think is proper according to their Vote.
The said Accompt amounting to l. 82 I s. 6 d. Read. And with the said Memo- rial sent up by Mr. Cooke, Capt. Noyes, and Mr. Parker; With a Message, That this House think their Vote on the said Memorial so plain, as to need no Explana- tion. And to Acquaint the Board that this House have no business before them. and are desirous if it may be, that the Court may Rise this Night.
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A Message from the Board by Adam Winthrop Esq; with Mr. Secretary's Ac- compt afore-mention, That the Council, Desire the House to Adjust the said Accompt, and make certain the Sum they would have paid upon it.
The said Accompt, sent up again by Mr. Anthony Stoddard and Col. Thaxter, with a Message that this House, do not see any occasion for to pass further thereon.
Ordered, That the several Petitions, that were at the last Session, Referr'd to this, be further Referr'd to the next Session of this Court. [ 32 ]
Andrew Belcher, and Addington Davenport Esqrs; Brought down the Petition of Mr. Nehemiah Walter, &c. upon which there was a Hearing this Day, with the following Vote Pass'd thereon, viz. In Council, August 3d. 1716.
In Answer to the Petition, of the Reverend Mr. Nehemiah Walter Pastor, and John Payson, and John Mayhew Deacons of the first Church in Roxbury, the present Feoffees in Trust, according to the Will of Mr. Thomas Bell of London, Merchant, Deceased, and upon a full Hearing of both Parties.
Resolved, That the Lands and Tenements of the said Mr. Thomas Bell late of London, Merchant, Deceased, in Roxbury in New-England, Devised by him to Feoffees in Trust, only to and for the Maintenance of a School-Master and a Free- School, for the Teaching and Instructing of Poor Men's Children at Roxbury, for ever; and to, and for no other use, intent or purpose whatsoever; being Leased for Five Hundred Years, is contrary to the Law, and Statutes of England, where the Testator lived and dyed, when he made his afore-recited Will; and beyond the Power of the Feoffees in Trust in the said Will, and a frustration, in a great Degree, of the Pious Intention of the Donor; and that the full Benefit and Profits of the said Estate, be hence-forward restored, to the Petitioners, to the Uses and Intents aforesaid: Any Lease or Leases made to the contrary notwithstanding.
Provided, That all things being duly weighed what the Estate has been bettered by the Lessees an equitable Allowance therefore shall be made according to Ap- prizement, of three Persons of Integrity upon Oath. 4
Sent down for Concurrence. Read and Non-Concurr'd.
Edmund Quincey, and Adam Winthrop Esqrs; Brought down a Draught of a Proclamation for a Day of Publick Thanksgiving agreeable to the Votes of the Court. Which was Read, and sent up.
A Message from the Board, That His Honour the Lieut. Governour Desires this House to Attend Him immediately in the Council Chamber.
Mr. Speaker and the House accordingly went up; and His Honour the Lieut. Governour Prorogu'd the Court to Wednesday the Ninteenth Day of September next, at Ten a Clock in the Forenoon.
BOSTON: Printed & Sold by 15. Green. 1 7 1 6.
[ 33 ]
Anno Regni Regis GEORGII, Magnæ Britannia, &c. Tertio.
JOURNAL
Of the House of Representatives.
At a Great and General Court or Assembly of His Majesty's Province of the Massachusetts-Bay in pri-England, begun & held at )Boston, upon Wednes- day the 30th Day of May, Anno Domini, 1 7 1 6. And continued by Pro- rogations to Wednesday the 7th Day of pobember next after, and then Met.
A Message to His Excellency the Governour, by Elisha Cooke and Charles Chambers Esqrs. That a Quorum of the House are now met, and ready to proceed to the business of the Session.
A Message from His Excellency the Governour by Addington Davenport Esq; That the House forthwith Attend him in the Council Chamber.
Mr. Speaker, and the House went up accordingly. And His Excellency made a Speech to the Court; and gave a Copy thereof to Mr. Speaker, who with the House, return'd to their own Chamber.
His Excellency's Speech Read, and is as follows: viz.
GENTLEMEN,
H IS Majesty having been pleas'd to appoint Me His Governour of New-Eng- land; I am by the good Providence of GOD arriv'd here, with the firmest Reso- lution to study the true Interests of this Province, and to promote them to the utmost of my Power.
You have always been distinguish'd by a due Regard to Religion and Vertue; to advance which shall be my first and principal Care, and I desire your Assistance in it.
It's my Lot to enter upon the Government at a Time when your Commerce (a very Important Article of a Peoples Happiness) is under a great Discouragement by a universal want of Money, which is the Medium of Trade.
I must therefore Recommend it to you, as a Matter worthy your greatest Applica- tion, to find out some effectual Measures to supply this Want, and thereby to restore Trade to a flourishing Condition, in which you shall have my best Endeavours and hearty Concurrence.
I hope I shall find no Parties or Divisions amongst you, but that the only Contention shall be, who shall best approve his Loyalty to his KING, and Love to his Country: Such a Harmony will make you very Happy, and me very Easy.
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It's a great Honour and Pleasure to me, that I Serve the best of KINGS; and I assure you, His Majesty's just and mild Administration at Home, shall be the Rule of my Government here, as far as I am capable to imitate so great and perfect an Ex- ample. It is also my unspeakable Felicity and yours, that I Arrive here, when His Majesty hath entirely defeated the monstrous and unnatural Rebellion, which hath been rais'd in Great Britain: So that now His Majesty's Person and Government, their Royal Highnesses the Prince and Princess of Wales, with the whole Royal Family are secured, and in them the Protestant Religion, and the Happiness of us and our Posterity.
Gentlemen,
His Majesty has Commanded me to Acquaint you, that there is no Province in America, under the Crown of Great Britain, except this, where stated Salarys are not settled upon their Captain General & Governour, and Lieut. Governour. I was also to recommend to you the Building of a House for the Governour; but I am pre- vented from it, by your having provided a very good One, for which I return you my Thanks.
I am further to observe to you, that notwithstanding there was an Act Pass'd in England in Her late Majesty's Reign, for Encouraging the Importation of Naval Stores; and another for the preservation of White and other Pine Trees, growing in Her Majesty's Colonys of America; yet nevertheless, His Majesty hath been inform'd, that great Spoils are daily committed in His Woods, in the Province of Main, and other parts of the Massachusetts, by cutting down and putting to private Use, such Trees as are or maybe proper for His Majesty's Royal Navy. I am therefore Charged to Acquaint you that [ 34 ] [it] is His Majesty's Will and Pleasure, that the said Acts, and every Clause, Article and Proviso therein, be strictly and duely comply'd with: And if anything further might be done by this Government, to enforce those Acts of Parliament, and to Secure His Majesty's Masts and Timber, I most earnestly Rec- ommend it to your Consideration; as also the Refitting the Fort of Pemaquid, or the Building of some Fort near that place, that may be a greater Security to your Frontiers.
Gentlemen,
You have always been so Conspicuous for your Loyalty, that I make no Doubt of your ready Compliance in these Matters.
Gentlemen of the House of Representatives,
I shall depend on your Care to make the necessary Supplies for the Support and Defence of the Province in all Articles: And give me leave to Conclude, by promising you, That my own private Interest shall never interfere with the Publick, which I hope may engage you to enable me to Maintain that Station with Dignity, which His Majesty has been pleas'd to honour me with.
SAMUEL SHUTE.
Ordered, That the Lists of the Polls and Estates, of the several Towns of the
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Province, Directed by an Act of this Court, pass'd at their Sessions begun in May last, to be return'd to this House at this Session, be received on Wednesday next, in the Forenoon, and then considered.
3. Post Meridiem.
Mr. Payne Presented to the House an Accompt of the charge of the Building of the Light-House, at the Entrance of the Harbour of Boston, which was Read, Amounting to the Sum of l. 2385 17 s. 8 d. half peny, whereof l. 1900 is paid, and there remains to be paid the Sum of l. 485 17 s. 8 d. half peny.
Ordered, That Mr. Anthony Stoddard, Col. Thaxter, and Capt. Gardner, be a Committee to Examine the said Accompt, and the several Vouchers relating thereto, and make report to the House.
Adam Winthrop Esq; came down from the Board, with Mr. Treasurer Allen; and Mr. Treasurer laid before the House an Accompt of the Present State of the Treasury, which was Read.
His Excellency's Speech Read again.
A Message sent up to the Board by Anthony Stoddard Esq; Desiring that the Bill, Prepared by a Committee of both Houses, Intituled, An Act for the Making One Hundred Thousand Pounds in Bills of Credit, and Letting out the same upon Real Security. May be sent down.
Who Returned with the said Bill.
A Petition of Edward Bishop, and Thomas Knolton, Praying, That they may be set off from the Ministerial Precinct in Ipswich called Chebacco, and annexed to the Precinct called the Hamlet, for reasons therein alledged.
Sent down from the Board, to be first proceeded on in this House.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Tobis 8. Die Robembris, 1716.
O Rdered, That the House now proceed to the Consideration of His Excel- lency's Speech, Paragraph by Paragraph.
The Paragraph in His Excellency's Speech relating to a Medium of Trade. Read.
=
A Bill Entituled, An Act for the Making One Hundred Thousand Pounds in Bills of Credit, and Letting out the same upon Real Security. Read.
Ordered, That Col. Thaxter, Capt. Noyes, and Mr. Parker be continued a Com- mittee for Petitions.
The Petition of John Buchanan &c. Bakers in Boston, Praying as entred the 25th of June last. Read, and Committed.
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Journal of the House of Representatives
3. Dost Meridiem.
A Letter from Jeremiah Dummer Esq; Directed to Mr. Speaker, Dated White- hall, July 30th 1716. Containing an Account of Sundry Services he had lately done for this Province. Read, and sent up.
A Petition of Arthur Savage of Boston Mariner, Presented to the House and Read, Praying, That he may be enabled to Amend a Mistake in his Reasons of Appeal, from a Judgment of the Inferiour Court of Common Pleas, held in Boston for the County of Suffolk, to the Superiour Court of Judicature, in a Case between him and John Oulton and Cornelius Waldo, Merchants, whereby he is barred from any further Tryal in the Law, and stands obliged to pay the Sum of / 184. 12 s. 3 d. farthing, to his great Wrong. And that he may be admitted to Prosecute his Ap- peal at the Superiour Court, now Sitting in the said Town, to which he Appealed. Ordered, That the Prayer of the said Petition be Granted.
Sent up for Concurrence. [ 35 ]
A Petition of Benjamin Quiby of Amesbury, Presented to the House and Read; Praying, That the Sum of Thirty Pounds may be Paid out of the Publick Treas- ury, which he Prevail'd with Capt. Gyles to pay to Redeem him out of the Hands of the Indians, with whom he had been a Captive Four Years, being Taken when in the Service under Capt. Lane, in the last War. Committed. And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Deneris 9. Die Robembris, 1716.
A Memorial of Capt. Cyprian Southack, Presented to the House & Read, Shewing, That he has drawn a Chart of this Coast from New-York, to Que- beck, and proposing, That it may be cut in a Plate, at the Publick Charge, for the Service of the Navigation, and when so many Copies are taken off, as the Gov- ernment pleases, that the Plate may be given to him. Committed to the Com- mittee for Petitions.
Upon a Motion being made, and the Question being put, Whether the Bill En- tituled, An Act for the Making One Hundred Thousand Pounds in Bills of Credit, and letting out the same upon Real Security, shall be Read, and Debated Paragraph by Paragraph ? It Pass'd in the Negative.
And the Question being put, Whether the said Bill shall have a 2d Reading ?
It Pass'd in the Negative.
Upon a Motion being Made,
Ordered, That a Message be sent up to the Board, Desiring, That the Petition of the Reverend Mr. Nehemiah Walter Pastor, John Payson, and John Mayo Deacons, of the first Church in Roxbury, which was before this Court at their last Sessions, may be sent down.
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Capt. Noyes, and Capt. Chambers were sent up with the Message, and Re- turned with the said Petition.
Ordered, That the said Petition be Reconsidered.
The said Petition Read. And the following Vote Pass'd thereon, viz.
A Motion being made, That this Petition be Revived and Reconsidered.
Ordered, That a Rehearing be had thereon upon the 22d of November Currant. And that the Petitioners Notify the Adverse Party of this Order.
Sent up for Concurrence.
Ordered, That John Stoddard, Esq; Mr. Thomas Turner, Daniel Parker, Esq; Mr. Daniel Rogers, John Rogers Esq; William Pain Esq; and Mr. John Ward, with such as the Honourable Board shall Appoint, be a Committee to Consider that Paragraph in His Excellency's Speech, which relates to a Medium of Trade, and Report what they think proper to be done by this Court thereon.
Sent up for Concurrence.
The Petition of Edward Bishop and Thomas Knolton, Praying as entred the 7th Currant. Read.
A Petition of Nathanael Goodhue and Thomas Choate, in behalf of the Precinct of Chebacco in Ipswich, Presented to the House and Read; Praying, That their Bounds may be Confirmed and Set off by the Town of Ipswich; or that Col. Hig- ginson, Capt. John Gardner, and Mr. Samuel Belch may be Impowered to Arbi- trate their Differences, or that they may have another Hearing before this Court.
Ordered, That the Prayer of the Petition be so far Granted, that the Honour- able John Higginson Esq; Capt. John Gardner, and Mr. Samuel Belch, be a Com- mittee to go upon the Place, Hear and Consider the Differences between the Two Precincts, and make Report to this Court, how they Apprehend they ought to be Issued and Settled.
And to Consider the Petition of Edward Bishop and Thomas Knolton, and Re- port what they think most Convenient to be done in Answer thereto.
Sent up for Concurrence.
A Message from the Board by John Appleton Esq; That His Excellency and Council have Appointed the first Thursday in December, to be Celebrated as a Day of Publick Thanksgiving to Almighty GOD, throughout this Province, unless this House have any thing to Object against that Time.
A Message to the Board by Col. Goffe, That it is very Acceptable to this House.
A Message from the Board by Eliakim Hutchinson, Isaac Winslow, and Thomas Fitch Esqrs, with a Petition of Nehemiah Walter Pastor, and John Payson and John Mayo Deacons, of the first Church in Roxbury, Praying, That this Court would Reassume their Case as Feoffees of the School in Roxbury, in behalf of that School, which was before the Court at the last Session, and Relieve them; which they intimated was Pass'd upon at the Board this Session, before the Vote of the
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House relating to the said School was sent up. viz. Nov. 7th. Voted, That the Peti- tion be Dismist, for that the Subject Matter thereof is cognizable at the Common Law. [ 36 ]
A Message sent up to the Board by Capt. Noyes, and Col. Goffe, That this House don't Apprehend how the Petitioners have their Remedy at the Common Law, otherwise should not have Voted another hearing.
3. Post Meridiem.
A Petition of William Brown, Son of a Freeman, by a Servant Woman, and has been Sold as a Slave, and is at present owned by Mr. Andrew Boardman, shew- ing that his said Master will set him at Liberty, and make him Free, if this Court will indemnify him from the Law relating to the Manumission of Negroes, as to maintaining of him in case of Age, Disability, &c. Praying the Court to indemnify him.
A Petition of John Brigham, and 30 others presented to the House and Read, Praying, That the ungranted Lands lying between the Towns of Lancaster, Sutton, Marlborough, Worcester, Hassanamisco, and Brigham's Farm, to the quantity of Seven Miles Square, may be Erected into a Township, and Given or Sold to them. Committed.
A Petition of Isaac Amsden, and 66 others, Inhabitants of the Westerly Part of Marlborough, Presented to the House and Read, Praying, That the said Part of the Town, with some adjoining ungranted and Farm Lands, not yet in any Town- ship, may be Erected into a Township or (if that be not thought proper) a Pre- cinct for the Maintenance of the Ministry.
And a Petition of several Inhabitants of the said Farms, Read, praying that the aforesaid Petition may be Granted. Committed.
A Petition of Seth Pope, and 8 others of the Church at Dartmouth, Presented to the House and Read, praying assistance towards the Maintenance of their Minister.
Resolved, That the Sum of Twenty Pounds, be allowed and paid out of the Pub- lick Treasury, to the Reverend Mr. Samuel Hunt, Minister of the Town of Dart- mouth, towards his Support for the Year Currant. Sent up for Concurrence. And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Sabbati 10. Die Robembris, 1716.
O Rdered, That the Thanks of this House be Returned to His Excellency the Governour for the good Assurances he has given to this Court in his Speech, to study the true Interest of this Province, and to advance Religion and Vertue. which this House shall alwayes be ready to join their utmost assistance to pro-
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