USA > Massachusetts > Journals of the House of Representatives of Massachusetts > Part 15
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Journal of the House of Representatives
I35
mote. Sent up by Anthony Stoddard, John Stoddard, Samuel Thaxter, Daniel Par- ker, and Charles Chambers, Esqrs; Capt. Gardner, and John Denison, Esq;
The Petition of William Brown, praying as entred yesterday, further con- sidered, and the following Vote passed thereon, viz.
Inasmuch as the Petitioner, is a Young able-bodied Man, and it cannot be sup- posed, that he is Manumitted, by his Master, to avoid Charge in supporting him.
Ordered, That the Prayer of the Petitioner be Granted. And that the Petitioner be Deemed Free, when set at Liberty by his Master, although no security be given to indemnify the Town, where he dwells from Charge by him, and in case the Petitioner shall hereafter want Support, his said Master shall not be obliged to be at the charge thereof. Any Law, Usage or Custom to the contrary notwith- standing. Sent up for Concurrence.
A Petition of Daniel Lincoln, and Twenty others of that part of Hingham, called Cohasset, or little Hingham. Praying, That a Committee may be sent to view their Lands and Dwellings in order to their having a Precinct set off to them.
Sent down from the Board, pass'd on there, viz. in Council, November 8. 1716. Ordered, That the Petitioners serve the Town of Hingham with a Copy of this Petition, that they may be heard before this Court, on Tuesday the Twentieth Currant, if they have ought to object why the prayer thereof should not be Granted. Sent down for Concurrence. Read and Concurr'd.
Ordered, That Capt. Moses Reed, and Josiah Chapin Esq; be Monitors of this House, to take care that the Orders of this House be duly observed.
A Petition of Joseph Bucklen & Henry Smith of the Town of Rehoboth, presented to the House and Read, praying that they may be paid for making of 180 Rods of Fence which is occasioned by a Country Road being laid through their Land, to pass over the new Bridge at Pautucket-Falls.
And the Question being put, Whether any thing be granted on the said Petition? It pass'd in the Negative.
And then the House Adjourn'd till Monday next Three a Clock in the afternoon.
BOSTON : Printed & Sold by 15. Green. 1 7 1 6.
[ 37 ]
Province of the Massa chusetts-Bap.
VOTES of the House of Representatives.
Luna 12. Die Robembris, 1716.
A
Bill Entitled, An Act in Addition to the Act for Regulating Fees. Read a first time.
A Petition of Cyprian Whipple and Dorothy his Wife, in behalf of themselves and Elizabeth Allyn, Administrators to the Estate of William Simons, the Son and Heir of Samuel Simons, heretofore of Ipswich, Deceas'd. Presented to the House and Read; Praying, that a Committee may be appointed by this Court, to lay out Eight Hundred Acres of Land, Granted to the said Samuel Simons, May 22d, 1661. between the Towns of Lancaster and Rutland. Sent down from the Board, not Pass'd on there. Read.
A Petition of Nathanael Fadre of Boston, Mariner; Praying Consideration for his being taken three times, out of Vessels that he Commanded, by the Govern- ment, to Serve as Pilot of the Station Man of War, for about Nine Months in the whole; and has been paid but l. 3. 17. 6.d. per Month, whereas he was to have had l. 5 per Month as Master, and has now lost his Employment; Praying further Pay to be Granted to him: And that he may be either constantly held in Pay in the Station Ship, or be no more obliged to Serve as Pilot.
Sent down from the Board. Read.
The Treasurers Accompt of the Charge of His Excellency the Governour, and Gentlemen that Attended him in Visiting the principal Towns of this Province, and particularly the. Province of Main, amounting to the Sum of l. 81 18 s.
Read, and
Resolved, That the foregoing Accompt, amounting to the Sum of l. 81. 18 s. be allowed in the Treasurers Accompts at this time: But that for the future, it be not Improved as a Precedent (by giving a different Face to an Accompt) for the paying any Charge of His Excellency the Governour, his going to Visit his other Government of New-Hampshire, this House having formerly Voted the paying of that Charge out of the Treasury of this Province to be a Grievance.
Sent up for Concurrence.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Martis 13. Die novembris, 1716. A. M.
A N Accompt of the Committee of both Houses that was Appointed by this Court, to take care of the Reception of his Excellency the Governour, amounting to the Sum of l. 36. 4 s. Presented to the House for Allowance. Read, and
Resolved, That the Sum of Thirty-six Pounds and Four Shillings, be allowed
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Journal of the House of Representatives
and paid out of the Publick Treasury to Mr. William Payne, to Discharge the said Accompt. Sent up for Concurrence.
A Bill Entituled, An Act in Addition to the Act for Regulating Fees. Read a 2d time, and Debated Paragraph by Paragraph.
And the Question being put, Whether the Bill be Read a 3d time?
It Pass'd in the Negative.
A Report, Signed by Addington Davenport, Thomas Hutchinson, Adam Win- throp, Oliver Noyes, Elisha Cooke, William Payne, Antony Stoddard, Charles Cham- bers, and Jonathan Dowes, the Committee Appointed by this Court in the Recess thereof, to receive of the Treasurer, Bundle up and Burn, Torn and Defac'd Bills of Credit on this Province, Dated the 25th Day of September, 1716. Shewing, That they had then received, and Burnt to Ashes, the Sum of l. 9000 neat Province Bills, which Compleats the Sum of l. 40000 that were put into the Treasury by Order of the General Assembly, at their Session in May, 1714 to Exchange for Torn and Defac'd Bills, and such Denominations of Bills as were called in, because they were Counterfeited. Read, and
Ordered, That the said Report be Accepted; and that the Treasurer be Dis- charged of the Sum of Nine Thousand Pounds. Sent up for Concurrence.ยป
A Petition of Jonathan Head, and Benjamin Head, of Little Compton: Presented to the House and Read; Praying, That they may have the Favour of the Benefit, which this Court intended them by their Order on their Petition, Pass'd the 22d of June last, which they are Deprived of by reason the Scribe who Drew their said Petition, [ 38 ] mistook in the reciting some Circumstances of their Actions. Praying that they may be enabled to Amend such Mistakes, and have a Tryal of their Actions at the next Superior Court of Judicature to be holden at Bristol.
Ordered, That the Prayer of the Petition be Granted. Sent up for Concurrence.
The Memorial of the Reverend Ministers of this Province, Proposing as entred the 21st Day of June last. Read, and Committed to the Committee for Petitions. Upon a Motion being made,
Ordered, That Mr. Cooke, Mr. William Denison, Mr. Thomas, Mr. Upham, and Mr. Moodey, be a Committee to prepare a Bill, For the more effectual Observation and Keeping of the Lords Day.
A Petition of Nathanael Collins, Minister of the Town of Enfield: Presented to the House and Read; Praying, That the Province Tax of the said Town, or such Part thereof as this Court shall think proper, may be Ordered to his Support, in Consideration of the Inability of the said Town to Maintain him.
Ordered, That this House proceed to the Consideration of the Affair of the Agency, on Thursday next in the Afternoon.
A Petition of John Punker Indian, Inhabitant of the Island of Nantucket, in behalf of himself, and the other Indians of the said Island: Presented to the House and Read; Complaining of great Injustice and Oppression they suffer from some
.
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138 Journal of the House of Representatives
of their English Neighbours; Praying this Court to Appoint them a Guardian: And that the said Island may no longer remain a County by it self, but be an- nexed to some other County.
Ordered, That the Petitioners serve the Inhabitants of Nantucket with a Copy of this Petition, that they may be heard before this Court, on the 2d Friday of the Sessions in May next, in Answer to the Complaints therein: And to shew Reason (if any they have) why the Prayer of the Petition should not be Granted.
And Peter Thatcher Esq; and Mr. Benjamin Hawes, are Desired and Appointed to go to the said Island, and enquire into the Matters of Grievance Complained of; and more especially their Whaling: And Assist the Indians in making a proper Representation thereof to this Court. Sent up for Concurrence.
A Message from the Board by Nathanael Byfield, Andrew Belcher, Thomas Fitch & Adam Winthrop, Esqrs; That there is a Parenthesis in the Vote of this House on the Accompt of Mr. Treasurer Allen, of the charge of His Excellency's late Journey Eastward, which the Board think carries some Reflection in it, viz. [by giving a different Face to an Accompt] which they mov'd the House to with- draw out of their Vote, for reasons they offered, and left the said Accompt and Vote.
A Petition of Stephen Peas of Nantucket, presented to the House and Read, Complaining, That he was Rated the last Year, the Sum of l. 3. 12 s. more than by Law, he ought to have been, by the Assessors of the said Place: And upon Appli- cation made to the Justices of the General Sessions of the Peace for Remedy as the Law directs, could obtain none, Praying this Court to Relieve him.
Ordered, That a Hearing be Granted on this Petition, on the 2 d Fryday of the Sessions of this Court in May next. That the Petitioner Serve the Assessors of Nantucket with a Copy thereof; who are hereby Directed to Attend this Court at the said time, with an Attested List of the Assessment, referr'd to in the Petition.
Sent up for Concurrence.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Mercurii 14. Die Robembris, 1716. A. M.
T He House according to the Order of the Day, Proceeded to receive in the Lists of the Polls, and Estates, of the several Towns, and to Read and Consider them.
The Petition of John Punker, on which this House Pass'd a Vote Yesterday: Sent down from the Board, Pass'd on there, viz. In Council, Novemb. 14th. Read, and Concurr'd, and Mr. Experience Mayhew, is appointed with the other Per- sons above-named, to inquire into the Affair aforesaid.
Sent down for Concurrence. Read and Agreed.
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Journal of the House of Representatives
3. Dost Meridiem.
The House Proceeded further to Examine and Consider, the Lists of the Polls and Estates of the several Towns.
A Message from the Board by the Deputy Secretary, That this Day was ap- 1
pointed for a Hearing on the Petition of Daniel Bartlet; But the Day being far spent, They Propose to have the Hearing to Morrow in the forenoon:
Which was Agreed to by the House, and a Message sent up accordingly by Antony Stoddard, Esq;
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
BOSTON : Printed & Sold by 13. Green. 1 7 1 6. [ 39 ]
-
Province of the Massachusetts Bap.
VOTES
of the House of Representatives.
Tobis 15. Die Robembris, 1716.
T He House proceeded further to Examine and Consider the Lists of Polls and Estates in the several Towns, and pass'd through the whole.
Ordered, That Mr. Payne, Mr. William Denison, Col. Somersby, Capt. Gardner, Capt. Chambers, Mr. Wilson, Major Stoddard, Mr. Little, Mr. Parker, Capt. Southworth, and Mr. Hammond, be a Committee further to Examine, and duly Compare and Consider the said Lists, and Report what Sum they apprehend each Towns Proportion ought to be, to the Sum of /. 1000. That any Member may have Recourse to them from time to time, for their Information.
A Memorial of John Minot, with several other Papers, exhibiting an Account of the Behaviour and Disposition of the Eastern Indians. Sent down from the Board, Pass'd on there, viz. In Council, Novemb. 15th. 1716.
Upon Reading the several Papers relating to the Eastern Indians.
Voted, That inasmuch as Providence seems now to give us a more favourable Opportunity than heretofore, of offering to Instruct the Eastern Indians, in Religion and Learning, which has been one professed Intention of our Ancestors, Settling in this Land, and is the surest way to fix them in our Interest.
That it be earnestly Recommended to the House, to Project a Method for effecting the same.
Ordered, That Oliver Noyes, and John Stoddard Esqrs, and Mr. Joseph Ham- mond, with such as the Honourable Board shall Nominate, be a Committee to Consider and Propose such Method, as they think will best advance, the good De- sign above mentioned. Sent up for Concurrence.
Voted, That the House think it needful to have an Agent, to Negotiate the Affairs of this Province, in the Court of Great Britain.
Ordered, That a Message be sent up to the Board, That the House Propose to proceed to the Choice of an Agent, to Negotiate the Affairs of this Province, in the Court of Great Britain, to Morrow at Eleven a Clock; and desire the Board to join with them in it. Sent up by Mr. Cooke, and Col. Thaxter.
A Memorial of Thomas Hutchinson, Adam Winthrop, Oliver Noyes, John Ruck, Stephen Minot, John Watts, John Penhallow, John Minot, and Edmund Mountford, Proprietors of Lands at Brunswick, Topsham, &c. in the County of York: Presented to the House and Read; Shewing, That they have begun a Settlement at Small Point Harbour, lying upon Casco Bay ; and that they have Disburst upwards of /. 200, more than the l. 500 Granted them to Build the Fort
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Journal of the House of Representatives
of Brunswick; Praying, That the said Sum, with what more this Court shall think fit, may be Granted to them, and 12 or 15 Soldiers at the Publick Charge, to cover the said Settlement for a short time, and they will at their own Charge Erect a Stone Fortress, for the Security of the Inhabitants there.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Deneris 16. Die Novembris, 1716.
T HE Petition of John Keyes, Eleazar Taylor, and Abraham Eager: Praying as entred August 3d. 1716. Read again, and
Inasmuch as the General Court by their Vote Pass'd June 19th. 1658. Directed, that the English Plantation, since called Marlborough, should have the Tender of the Lands mentioned in the Petition, when they should allow the Indians to Sell them.
Ordered, That the Prayer of the Petition be Granted; and the Purchase the Petitioners and their Predecessors have made of the said Lands from the Indians, be not Annulled, or Invalidated, by reason of their not having the Consent of the General Court but the said Purchase is hereby Allowed, Approved and Con- firmed. Sent up for Concurrence. [ 40 ]
A Message from the Board by John Cushing, and Thomas Noyes, Esqrs. That they Agree to join with the House in the Choice of an Agent.
The Message from the Board, That the House would withdraw a Parenthesis in the Vote of this House, upon an Accompt of Mr. Treasurer Allen, &c. Entred the 13th Currant further Considered, and the following Vote Pass'd thereon, viz.
Whereas on Monday the 12th Instant, Mr. Treasurer Allen laid before this House an Accompt, said to be of Money Expended for the Entertainment of His Excellency, and the Gentlemen that Attended him on his Journey Eastward, to Visit the Princi- pal Towns within this Province, particularly the Province of Main, pursuant to Warrant, Dated the 12th of October, 1716. Which Accompt was Read, and Payment Ordered, and sent up for Concurrence; and there being a Parenthesis in the said Vote, which the Honourable Board thought carried some Reflection in it; and therefore moved the House to withdraw the same out of their Vote. Upon Consideration whereof:
Resolved, That the Sum of l. 81 18 s. be allowed in the Treasurers Accompt at this time; although it appears by Inspection of the Votes, and Orders of Council relating to that Affair, that that Journey was performed, principally for His Ex- cellency the Governour's Visiting his other Government of the Province of New- Hampshire; but that this Allowance be not improved for the Future as a Pre- cedent. Sent up for Concurrence.
A Petition of Hugh Pike, Creepled by a Wound that he received in the Serv- ice formerly, against the Indian Enemy, and his Wound still open, whereby he is disabled from Labour, to Support himself and Family. Presented to the House; Praying Relief.
142 Journal of the House of Representatives
Resolved, That the Sum of Fifteen Pounds, be allowed, and paid out of the Pub- lick Treasury to Hugh Pike the Petitioner, for his Relief.
Sent up for Concurrence.
A Message sent up to the Board by Antony Stoddard, Esq; That pursuant to the Order of the Day, the House is now proceeding to prepare their Votes for an Agent.
The Votes of the House being Collected.
Ordered, That Capt. Parker, Capt. Chambers, and Col. Basset, carry up the said Votes to the Board, and Assist in Sorting and Numbering them, and Report the Choice to the House.
Who attended the Order of the House; And Reported, That Jeremiah Dummer, Esq; was Chosen by a major Part of the Voters.
The Memorial of the Reverend Ministers, Committed the 13th Currant, further Considered, and the Report of the Committee thereon, which was accepted by the House, and is as follows, viz. That an Act be drawn, Directing and Impower- ing the Justices, Ministers and Deacons, with the Select-men, or Overseers of the Poor, where such are, of each Town respectively, to visit the Poor of the several Towns once a Year, and take effectual Care, that the Children and Serv- ants be duly Initiated and Instructed in Christian Knowledge, and in Reading the Word of GOD; that in order thereunto, such Poor Families be furnished with Bibles and Catechisms, out of the Town Treasury, if they are not able to procure them themselves.
Ordered, That a Bill be Drawn pursuant to the said Report, by the Committee appointed to Draw a Bill for the better Observation of the Lord's Day.
The Petition of John Keyes, &c. Pass'd upon in this House this Day. Sent down from the Board, Pass'd on there, viz. In Council, November 16 1716. Read and Concurr'd: Provided, That this Grant do not interfere with any former Grant of this Court. Sent down for Concurrence. Read and Concurr'd.
The Petition of Benjamin Quinby, Praying as entred the 8th Currant further Considered, and the Report of the Committee thereon, which was accepted by the House, and accordingly a Vote pass'd, viz. In Consideration of the Distressing Circumstances of the Petitioner.
Resolved, That the Sum of Twenty Pounds be Allowed, and Paid out of the Pub- lick Treasury to Capt. Henry True, for the use of the said Quinby.
Sent up for Concurrence.
The Petition of Nathanael Fadre, Praying as entred the 12th Currant further Considered, and the Report of the Committee thereon, which was accepted by the House, and accordingly,
Resolved, That the Sum of Ten Pounds, Two Shillings & Six Pence, be Allowed and Paid out of the Publick Treasury, in full for the Loss he has sustained in the Publick Service. Sent up for Concurrence.
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Journal of the House of Representatives
The Memorial of Cyprian Southack, Praying as entred the 9th Currant further Considered, and the Report of the Committee thereon, which was accepted by the House, and accordingly,
Ordered, That the Prayer of the Memorial be Granted; And William Payne Esq; is Desired to take care to have the Plate engraven, and to have a Copy Taken thereof for each Member of the present Court, and then to Deliver the Plate to Capt. Southack the Memorialist for his own use.
Sent up for Concurrence. [ 41 ]
A Plat of One Hundred Acres of Land, Presented to the House, by John Francis for Confirmation, taken, pursuant to a Vote of this Court, pass'd the 15th June last, by David Haynes Surveyor.
Resolved, That the Land Delineated and Described in the said Plat, being One Hundred Acres, be Granted, and Confirmed, to the said John Francis, his Heirs, and Assigns for ever, to fulfil the Grant made to him the 15th October, 1679. Provided, It Interfere with no former Grant. Sent up for Concurrence.
The Petition of Thomas Hutchinson, Esq; &c. Praying as Entered Yesterday. Read again and Rejected.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Sabbati 17. Die Robembris, 1716.
T He Memorial of Cyprian Southack, on which this House pass'd a Vote Yes- terday. Sent down from the Board, pass'd on there, viz. In Council, Novemb. 16 1716. Read and Concurr'd: Provided that the Number of One Hun- dred and Fifty of the said Charts be Reserved, for the use of this Court.
Sent down for Concurrence. Read and Concurr'd.
The Committee Appointed to Examine the Accompts of the Charge of the Building the Light-house, at the Entrance of the Harbour of Boston, Made their Report thereon, viz. We the Subscribers have Examin'd the Accompts herewith, and have seen sufficient Vouchers to the Articles in them, and find them right cast.
Anthony Stoddard, Jonathan Dows, John Gardner.
Resolved, That the said Accompts be Allowed, and the Ballance due thereon, viz. l. 485. 17 s. 8d. be Allowed & Paid out of the Publick Treasury to Mr. William Payne, to Discharge the same. Sent up for Concurrence.
A Petition of Joseph Auger, John Parmeter, Josiah Wood, and Thomas Wood of Framingham, Presented to the House and Read; Shewing, That upon the Complaint of Enoch Cleverland of the said Town, made to Mr. Justice How of Marlborough, they were unjustly Sentenc'd as Guilty of Feloniously Taking, and
144 Journal of the House of Representatives
Carrying away Corn, &c. And the said Justice How, when they Demanded an Appeal to the Court of General Sessions in the County, Refused to grant it to them, Praying this Court to relief them, and Order that an Appeal be granted them to the next Court of General Sessions of the Peace in the County of Mid- dlesex.
An Answer of Mr. Justice How to the said Petition. Read,
Ordered, That a Hearing be Granted on the said Petition, on Fryday next in the Afternoon; the Petitioners to Serve Mr. Justice How with a Copy of this their Petition, and notify him then to Attend this Court. Sent up for Concurrence. A Petition of John How of Framingham: Presented to the House and Read; Shewing, That he had been unreasonably Prosecuted, to his great Cost and Charge, by Savil Simpson, on Pretence of Damage, by his Mill-Pond, as is par- ticularly set forth in the Petition.
Praying Relief.
Ordered, That the Petitioner serve Savil Simpson, the Adverse Party, with a Copy of this Petition, that he may be heard before this Court on Fryday next in the Afternoon, if he has ought to Alledge why the Prayer thereof should not be Granted. Sent up for Concurrence.
A Petition of Joseph Buckminster, Representative of Framingham, in behalf of the said Town: Presented to the House and Read; Praying, That a Tract of Wilderness Land, lying within the Bounds of Hopkinston, which they formerly Petitioned for and platted, may be Granted or Sold to them, for the Conveniency of Settling their Children near them; And they are content the Land shall con- tinue under the Jurisdiction of Hopkinston.
A Message from the Board by John Clark, Esq; That the Times that have been appointed for a Hearing upon Daniel Bartlet's Petition, are Laps'd; and they propose the Hearing thereon may be attended on Tuesday next in the Afternoon.
And then the House Adjourn'd till Tuesday next Nine a Clock in the Forenoon.
BOSTON : Printed & Sold by 13. Green. 1716. [42 blank, 43]
Province of the Massachusetts-ap.
VOTES
of the House of Representatives.
Martis 20. Die Robembris, 1716.
A Petition of John Hawkes of Deerfield: Presented to the House and Read; Shewing, That he hath been much Improved, and Wounded Twelve times in the Wars against the Indian Enemy, and now being advanced in Years, is reduc'd to Indigent Circumstances. Praying Relief.
And the Question being put, Whether any Sum be Granted in Answer to the said Petition ? It Pass'd in the Negative.
A Report of John Wheelright, Lewis Bane, and Abraham Prebble, a Committee Appointed June 5th last, to state a dividing Line between the Towns of Kittery and Berwick, and to Consider of and Report the most suitable Place, for the Setting the Meeting House in the upper Parish in Kittery. Read and Accepted.
Sent up for Concurrence.
Ordered, That Elisha Cooke, Daniel Parker, and John Stoddard Esqrs; with such as the Honourable Board shall joyn, be a Committee to Prepare a Draught of a Commission, and Instructions for Mr. Agent Dummer, and lay them before this Court. Sent up for Concurrence.
The Petition of Nathanael Collins, Praying as entred the 13th Currant.
Read again.
And the Question being put, Whether any Sum be Granted in Answer to the said Petition ?
It Pass'd in the Negative.
An Account of Samuel Partridge Esq; of Two Pounds & Twelve Shillings, which he paid to some Albany Indians, to satisfy them for the Damage they sustain'd by some English Men's Firing upon them in the late War, taking them to be Enemys. Desiring he may be Reimburst.
Resolved, That the said Sum of Two Pounds and Twelve Shillings, be allowed and paid out of the Publick Treasury to Mr. John Partridge, to Repay the above-men- tion'd Sum. Sent up for Concurrence.
A Petition of John Simmons, Jonathan Dodson, and Thirty-two others, of the Town of Freetown: Presented to the House and Read; Praying, that the Bounty of this Court towards the Maintenance of their Minister may be continued, and some Assistance given to their Minister in the Building his House.
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