USA > Massachusetts > Journals of the House of Representatives of Massachusetts > Part 16
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Committed.
Complaint being made to the House, That Mr. Robert Durfey, Representative of the Town of Freetown, seldom Attends the Publick Worship of GOD, but ob- structs the Settlement of an Orthodox Minister in the said Town; And has since
146 Journal of the House of Representatives
the last Sessions of this Court, been Presented, Convicted and Fined, for Prof- anation of the Lord's Day; and has taken his Name from the last mentioned Pe- tition, after he had Sign'd it.
Opportunity was given to Mr. Durfey, and he made his Defence. And then was Directed to withdraw; which he did. Upon Consideration of what is Alledg'd. Ordered, That the said Mr. Durfey be Expell'd this House.
He was sent for into the House, but was not to be found.
A Bill Entituled, An Act, in Addition to the Act for the orderly Consummating of Marriages. Read.
A Report of the Committee Appointed the 11th of June last, to Investigate a suitable Place for the Erecting a Hospital for Infectious Persons, with Minutes of an Act for that purpose. Sent down from the Board; having been Read there.
Read.
A Report of the Committee of both Houses, that were Appointed to Consider that Paragraph in His Excellency's Speech, which relates to a Medium of Trade. Sent down from the Board; having been Read there. Read. [ 44 ]
3. Post Meridiem.
A Petition of William Sawyer, Representative of the Town of Wells, in behalf of the said Town: Presented to the House and Read; Shewing, That the Bounds of the Town of Kittery are so Settled, as to take in about 4000 Acres of the Land belonging to the Town of Wells. Praying this Court to Grant them Relief; and in the mean time to Order, that no Timber be cut or carried off the said Land in Controversy. In Answer to the said Petition.
Ordered, That Abraham Prebble Esq; Capt. Lewis Bane, and Mr. Samuel Cane, be a Committee to go upon the Land in Controversy, and View and Discover, how the Divisional Line between the Towns of Kittery and Wells, ought to be Settled; and make Report to this Court as speedily as may be.
That in the mean time, no Timber be cut off the said Land. The Town of Wells to bear the Charge of the Committee. Sent up for Concurrence.
The Petition of Joseph Buckminster; Praying as entred the 17th Currant.
Further Considered, and
Upon a Motion of Mr. President Leverett,
Ordered, That the Trustees of the Bounty or Charity of Edward Hopkins Esq; Deceas'd, be Heard upon the said Petition before this House, on Tuesday next in the Forenoon.
The Report of the Committee of both Houses, Appointed the 15th Currant, to Consider of a Method to bring forward the Instruction of the Eastern Indians, in Religion and Learning. Sent down from the Board, Entred thereon, Read and Recommended. Read.
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A Message from the Board, That the House now come up, to attend the Hear- ing upon the Petition of that Part of Hingham called Cohasset, and upon the Pe- tition of Daniel Bartlet.
Mr. Speaker and the House went up accordingly, and both Parties were heard upon the former Petition; but one of the Parties to the latter not being present, the Hearing was further Deferr'd.
And the House returned to their own Chamber.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Mercurii 21. Die Robembris, 1716.
A® Petition of Serjeant Daniel Tucker: Presented to the House and Read; Shewing, That he was Shot through the Body, in an Engagement with the Indian Enemy in the late War, and his Wound still Uncured, by which he suffers great Pain, and is disabled to Labour for his Livelyhood. Praying the compassion- ate Relief of this Court.
Resolved, That the Sum of Twenty Pounds be allowed and paid out of the Pub- lick Treasury, to Daniel Tucker the Petitioner, for his present Relief.
Sent up for Concurrence.
A Bill Entituled, An Act, in Addition to an Act for the orderly Consummating of Marriages. Read a 2d Time.
A Bill Entituled, An Act, in Addition to the Act for the better Observation, and Keeping the Lords Day. Read a Ist Time.
A Bill Entituled, An Act for the more effectual Preventing Default in the Appear- ance of Jurors. Read a Ist Time.
Upon a Motion being made,
Ordered, That Col. Basset, Mr. Turner, and Mr. Thomas, be a Committee to Consider the Laws for Stating of Fees, and Report what Explanation they think needful to be made thereon.
A Petition of John Charnock, Administrator de Bonis non, of Ralph King, late of Lyn, Deceas'd: Presented to the House and Read; Praying, That a certain Farm which the said King died Seized of in Lyn (but is since Sold) together with the rest of the Estate of the said King, may be subjected to his Administration, for Reasons Alledged. Read and Sent up.
The Report of the Committee of both Houses, Appointed to Consider that Paragraph of His Excellency's Speech, which relates to a Medium of Trade. Read again.
Upon a Motion being made.
Ordered, That Oliver Noyes, Antony Stoddard, and John Stoddard Esqrs; with such as the Honourable Board shall appoint be a Committee to consider of a Method, for the Retrieving and Maintaining the value of the Bills of Publick
148 Journal of the House of Representatives
Credit on this Province, equal to the Lawful Money of the Province, and make Report to the Court. Sent up for Concurrence. [ 45 ]
A Petition of the Select-men of the Town of Mendon, presented to the House and Read, Praying that effectual care may be taken for the setling the Line between this Province, and the Colony of Rhode-Island.
Ordered, That Samuel Thaxter Esq; Capt. Jacob Tompson, and John Chandler Esq; be a Committee to joyn with such as the Government of Rhode-Island shall impower, to proceed in, and perfect the running and setling the Line be- tween this Province and the said Colony, pursuant to the Agreement lately made for that end, by Commissioners of both Governments, and His Excellency the Governour is requested to write pressingly, to that Government, to impower and send Persons to issue the said Affair, as soon as possible.
But if the Government of Rhode-Island continue to neglect for the space of Five Months to join in the Affair; That the said Committee of this Government, be directed to proceed and issue it, according to the said Agreement.
Sent up for Concurrence.
Ordered, That a Message be sent up to the Board, That this House having certain Information that the Government of Connecticut have laid a heavy Duty, next to a Prohibition upon Staves for Cask, that are Transported from that to this Government, which we esteem very unneighbourly, and tending to interrupt the good Correspondence between the Governments.
Therefore Requests His Excellency the Governour to move His Honour Gov- ernour Saltonstall to use his Interest with that his Government, to take off the said Duty. Sent up by Capt. Noyes, Mr. Parker, and Mr. Thomas.
3. Post Meridiem.
A Petition of Rebeckah Freeman, Executrix to the last Will and Testament of Thomas Freeman, her late Husband, and John, Judah, Joseph and Eleazer Rogers, Proprietors in common of a parcel of Land in Harwich, who by Samuel Knowles their Attorney (in the Life time of said Freeman) brought their Action of Trespass at the Court of Common Pleas, in the County of Barnstable, against Robert Nickerson, Joseph Covel, and Ephraim Covel for Trespassing on the said Land, and recovered Judgment, and the said Nickerson and Covels appealed to the Superiour Court, but before the time of the Courts Sitting, the said Thomas Freeman Died, and the Court found the Action to be Dead with him. Praying that by an Act of this Court the Appellants may be obliged to appear at the next Su- periour Court of Judicature to be holden at Plymouth, and there prosecute their Appeal. Read and sent up.
William Payne Esq; brought in and presented to the House the Pictures of King William and Queen Mary of Glorious Memory.
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Ordered, That the Thanks of this House be given to Mr. Payne for his accept- able Present, and that they be set up in the House.
The Report of the Committee of both Houses for the Instruction of the Eastern Indians, &c. Read again, and,
Resolved, That the said Report be so far accepted, That a Minister be pro- cur'd and sent for One Year.
That a suitable allowance not exceeding the Sum of l. 150. be made out of the Publick Treasury for his Support, as His Excellency and Council shall think fit. That an assistant be obtain'd as proposed in the Report.
That the Sum to be dispensed in Toys to the Indian Children, to encourage them to Learn, be Ten Pounds. Sent up for Concurrence.
The Petition of that part of Hingham, called Cohasset, or little Hingham, Sent down from the Board, pass'd on there, viz. In Council, Novemb. 21. 1716. Upon a full Hearing had Yesterday before the whole Court, between both Parties on this Petition.
It is Considered and Ordered, That the Hon. Penn Townsend, and Edmund Quincey Esqrs; with such as the Honourable House of Representatives shall ap- point, be a Committee to repair to the Town of Hingham, and view the Situation thereof, in order to which a rough Draught of the Town Plat, setting forth the Number of Families, with the Distances of their Dwelling Places from the Meeting Houses, the Petitioners are hereby directed to prepare, and lay before the said Committee, and hear the Allegations on both sides, and make report thereof at the Sessions of this Court in May next, the Charges arising thereon to be born by the Petitioners. Sent down for Concurrence.
Read and Concurr'd. And Antony Stoddard Esq; Mr. William Denison and Capt. John Mills, are joined in the affair.
A Memorial of John Watts of George Town on Rowsick Island, Praying that the Forces they are now favoured with may be continued till their Settlements are compleated, to prevent the Insults of the Indians, who grow very troublesome to them. Sent down from the Board, having been Read there. Read, and
In Answer to the said Memorial.
Voted, That Fifteen Souldiers in the Publick Pay be allowed till the Sessions of this Court in May next. Sent up for Concurrence.
Upon a Motion being made.
Voted, That Ten Souldiers in the Publick Pay be allowed to cover the Settle- ment that is making at Small Point near Sagadehoc for One Year, if the interested can find so many that will Inlist themselves for that Service.
Sent up for Concurrence.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
BOSTON : Printed & Sold by 15. Green. 1 7 1 6. [ 46 blank, 47 ]
Province of the Massachusetts-Bap. VOTES of the House of Representatives.
Jobis 22. Die Robembris, 1716.
A Bill Entituled, An Act in Addition to the Act for the orderly Consummating of Marriages. Read a 3d time, and Pass'd to be Engross'd.
Sent up for concurrence.
A Bill Entituled, An Act for the better Observation & Keeping of the Lord's Day. Read a 2d time.
A Message from his Excellency the Governour, by Penn Townsend Esq; That he has Discours'd His Honour Governour Saltonstall, upon the Subject the House desired him Yesterday; and he has promis'd him, to Interpose his good Offices in the Affair.
3. Post Meridiem
The Petition of Rebeckah Freeman, &c Praying as entred Yesterday: Sent down from the Board, Pass'd upon there, viz. In Council, Nov. 22d. 1716.
Read, and
Ordered, That the Petitioners serve the Appellants with a Copy of this Petition; and that the Appellants bring forward their Appeal, at the Superior Court of Judicature next, to be holden for and within the County of Plymouth; and that the Appellees Council prepare a Bill accordingly.
Sent down for Concurrence. Read and Concurr'd.
A Bill Entituled, An Act for Settling of Grants. Read a Ist Time.
Whereas this House Pass'd a Vote at their Sessions the 31st Day of May, 1715. In the following Terms, viz.
' Voted, That the right of this Province in and to the River commonly called Piscataqua River, be Asserted and Maintained. And in order there-unto: 'That a Breast-work for Six Guns be Erected in some convenient Place in the 'Town of Kittery, for the Defence of the River.
'That Six Guns with Shot and Carriages be Ordered to the Town of Kittery, 'upon their Erecting a Breast-work, and Platform, and obliging themselves to 'Maintain the same.
'That His Excellency be desired to give His Orders accordingly.
'That it is for His Majesty's Service, That there be a Naval Office kept in the 'Port of Kittery, to avoid the Unreasonable Duties or Impositions Exacted from 'the Inhabitants of this Province, passing in and out said River, by the Naval 'Officer of the Government of New-Hampshire.
'That all Ships or other Vessels that Load or Unload at the Port of Kittery, 'be obliged to enter, & clear with the Naval Officer there, & Pay the Duties of Im- 'post & Powder Money according to Law.
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Journal of the House of Representatives
'That all the Harbours in Kittery and Berwick, shall belong to the Port of Kittery. Sent up for Concurrence.
Which Vote was sent up to the Honourable Board for Concurrence; and there Concurr'd, and Consented to by the Governour.
And whereas the Vote aforesaid, has not yet been put in Practice.
Voted, That His Excellency the Governour be desired to bring forward the Execution thereof as soon as may be. Sent up for Concurrence.
The Petition of John Buchanan, &c. Bakers in Boston, Committed the 8th Currant, further Considered; and the Report of the Committee thereon, which was Accepted by the House, and
Ordered, That a Bill be drawn accordingly.
The Petition of John Simmons, Jonathan Dodson, &c. of Freetown: Praying as entred the 20th Currant. Read again, and the Report of the Committee thereon, which was not Accepted.
In Answer to the said Petition,
Resolved, That the Sum of Twenty Pounds, be Allowed and Paid out of the Pub- lick Treasury, towards the Maintenance of the Ministry in the said Town, the Year Currant. Sent up for Concurrence.
A Bill Entituled, An Act in Addition to an Act, Entituled, An Act for the better Observation and Keeping of the Lord's Day. Read a 3d Time, and Pass'd to be Engross'd. Sent up for Concurrence.
A Bill Entituled, An Act for the more effectual Preventing Default in the Appear- ance of Jurors. Read a 2d Time.
A Petition of John Bourn: Presented to the House and Read; Praying. That he may be Paid the Sum of Fifty Pounds, for Damage he has sustain'd by the Fort, which was lately at Casco Bay, it's standing several Years upon his Land, the Wood and Timber being cut off for the use thereof.
And the Question being put, Whether any Sum 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. [ 48 ]
Deneris 23. Die Robembris, 1716.
T He Report of the Committee of both Houses, upon that Paragraph in his Excellency's Speech, which relates to a Medium of Trade. Read again. A Bill Entituled, An Act for the more effectual Preventing Default in the Appear- ance of Jurors. Read a 3d Time, and Pass'd to be Engross'd.
Sent up for Concurrence.
The Report of the Committee Appointed the 11th of June last, to Investigate a suitable Place for a Hospital, for Infectious Persons, &c.
Voted, That the said Report be so far accepted, that the Acre of Land men-
152 Journal of the House of Representatives
tioned therein on Squantom-Neck, with necessary Priviledges, be Purchased and Paid for out of the Publick Treasury, The Title to be vested in the Province Treasurer for the time being, for the use of the Province.
That One Hundred and Fifty Pounds be allowed out of the Publick Treasury for Erecting necessary Buildings &c. thereon.
That Samuel Thaxter, and William Payne Esqrs; be a Committee to take care for the Building, and fitting the Hospital, as soon as conveniently may be.
And that the said Committee prepare and lay before the Court, a Draught of a Bill, Enacting as they shall think necessary on this occasion.
Sent up for Concurrence.
A Petition of William Pickering and Six others, Select Men of the Town of Salem, Shewing there is a great Difference and Contention arisen in the said Town respecting the Property of their Common Lands. Praying this Court to send a Committee to view and consider the Records relating thereto, in or- der to the issuing and setling of their Differences.
And the Question being put, Whether the Prayer of the Petition be granted ?
It pass'd in the Negative.
The Petition of John Brigham, and Thirty others.
And the Petition of Isaac Amsden and Sixty Six others, Inhabitants of Marl- borough both committed the 9th Currant, further considered, and the Report of the Committee thereon, which was accepted by the House, and accordingly, the following Vote passed on the former of the said Petitions, viz.
Ordered, That the Petitioners prepare a Plan of the Land Petitioned for, and lay it before this Court, at their next Sessions, and that Marlborough Petition be continued to that time, That this Court may advise what may be for the Publick Benefit. Sent up for Concurrence.
The Bill Intituled, An Act in Addition to An Act, Intituled, An Act for the better Observation and Keeping of the Lords-Day. Brought down from the Board by Samuel Sewall and Addington Davenport Esqrs; with a Message that the Board had Concurr'd the said Act, with some Amendments to which they desire the Concurrence of this House.
The said Amendments Read, and all but one Agreed to by the House.
The Report of the Committee relating to the Divisional Line between the Towns of Concord and Stow, which was referr'd the 27th of June last, further Considered, and
Inasmuch as the Committee formerly sent to discover the Line between the Towns of Concord and Stow, did not finish that Service.
Ordered, That Samuel Thaxter Esq; Capt. Samuel Gardner, and Capt. Joseph Burnap be a Committee to Investigate and Settle the Bound-marks between the said Towns. And make Report to this Court, of their doings, and their opinion, by whom of Right the Charge of the Committee ought to be born.
Sent up for Concurrence.
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Journal of the House of Representatives
A Message from the Board by Thomas Noyes Esq; That the House now come up to attend a Hearing upon the Petition of Joseph Anger, John Parmeter, Josiah and Thomas Wood, of Framingham.
And upon the Petition of John How of Framingham, both appointed the 17th Currant.
Mr. Speaker and the House went up accordingly, and the Parties concern'd in both Petitions being heard, returned again to their own Chamber.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Babbati 24. Die Robembris, 1716.
A
Bill Intituled, An Act for Setling of Grants. Read a 2d and 3d time.
And pass'd to be Engross'd. Sent up for Concurrence.
A Petition of John Cutting of Watertown, Presented to the House & Read, pray- ing, That Two Hundred Acres of Land, lying near Hassanamisco which Andrew Pittimee Indian, gave to his late Father, John Cutting, per Deed of Gift, Dated January 18th 1688. may be confirmed to him.
And the Question being put, Whether the Prayer of the Petition be Granted ? It pass'd in the Negative.
Ordered, That Mr. Cooke, Mr. Parker and Mr. Turner, be a Committee, to Con- sider, what Bills are Expired, or near Expiring, and ought to be Revived, or Continued, and to Prepare and lay before the House, a Bill, or Bills, for that end.
A Message from the Board by John Higginson, Esq; That the House, now come up to attend the Hearing upon the Petition of Daniel Bartlet.
Mr. Speaker and the House went up accordingly: And when the Hearing was ended; Return'd again to their own Chamber.
And then the House Adjourn'd till Monday next three a Clock in the Afternoon.
BOSTON : Printed & Sold by 13. Green. 1716. [ 49 ]
Province of the Massachusetts-Bap. VOTES of the House of Representatives.
Luna 26. Die Robembris, 1716.
A
Bill Entituled, An Act for the Promoting and Encouraging of Children and Servants, to be taught to Read, and Instructed in the Principles of Christianity. Read a first Time.
A Bill Entituled, An Act in Addition to an Act, Intituled, An Act for the due Assize of Bread. Read a first Time.
A Bill Entituled, An Act, in Addition to an Act, Entituled, An Act Providing in Case of Sickness. Read a first Time.
The Petition of John How, upon which there was a Hearing before this Court the 23d Currant: Sent down from the Board, Pass'd on there, viz. In Council, November 24th, 1716. Upon a full Hearing had Yesterday on the within Petition.
Ordered, That this Petition be Dismist, for that the Law has already made Pro- vision in that behalf. Sent down for Concurrence.
Read and Non-Concurr'd; Inasmuch as we apprehend the first Verdict, being Accepted by the Court, ought to have been final; and that the second Verdict is therefore null and void.
An Engross'd Bill, Entituled, An Act, in Addition to the Act, Entituled, An Act for the better Observation and Keeping the Lords Day. Read, and
Resolved, That the Bill do Pass to be Enacted.
A Message sent up to the Board by Mr. Cooke, and Col. Somersby, to Enquire whether they have Concurr'd the Vote of this House, upon the Light-House Ac- compts.
Who Return'd, That they had Appointed a Committee to Inspect the said Accompts, who had not yet made their Report thereon.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Martis 27. Die novembris, 1716.
T He Report of the Committee of both Houses, Appointed to Consider that Paragraph of His Excellency's Speech relating to a Medium of Trade. Further Considered.
A Bill, Entituled, An Act, in Addition to an Act, Entituled, An Act for the due Assize of Bread. Read a second Time.
A Bill Entituled, An Act for the Promoting and Encouraging of Children and Servants, in the Principles of Christianity. Read a second Time.
A Bill Entituled, An Act, in Addition to an Act, Entituled, An Act Providing in Case of Sickness. Read a second Time.
The Petition of Joseph Anger, Thomas Wood, Josiah Wood, and John Parmeter.
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Journal of the House of Representatives
Sent down from the Board, Pass'd on there, viz. In Council, November 26th, 1716.
Upon a Hearing had on this Petition the 23d Currant.
Ordered, That the Petitioners be, and hereby are fully Impowered, to bring forward their Appeal, at the next Court of General Sessions of the Peace, for and within the County of Middlesex, they Filing Reasons of Appeal, and giving Bond to prosecute the same, as the Law directs. And that the Petitioners Serve the Complainant Enoch Cleverland, with a Copy of this Petition, and Order thereon. Any Law, Usage or Custom to the contrary notwithstanding.
Sent down for Concurrence.
Read and Non-Concurr'd; Inasmuch as the Matter brought before the Justice, was not in his Power to Try and Determine; And that therefore the House are of Opinion, That the whole Proceeding of the said Justice in that Affair be null and void.
A Message sent up to the Honourable Board by Capt. Noyes, and Maj. Stod- dard, to Inquire what is done upon the Petition of John How, since it was sent up; And to Desire that when the Houses do not readily Agree in things needful to be done, That they may not then be dropt, but an Agreement Endeavoured, by the Conference of both Houses, or Committees of them.
The Petition of John Hinks of New Castle, Praying as Entred the 16th of De- cember last. Read, and the Accompt, which he prays may be paid, with his Oath thereon.
Resolved, That the Sum of 16 1. 8 s. 3 d. be Allowed, and Paid out of the Pub- lick Treasury to Mr. John Hinks the Petitioner, in Discharge of his Accompt.
Sent up for Concurrence.
3. Post Meridiem.
Ordered, That the Commissioner of Impost be directed to supply the Keeper of the Light-House with Oyl, Week, and Candles, for the Maintaining the Lights, as often as he shall have occasion, and with such other things, as may be neces- sary for the same. And bring the Charge into his Accompts.
Sent up for Concurrence.
A Petition of William Sawyer, and Samuel Cane, Representatives of the Towns of York and Wells, Presented to the House and Read, Praying the Grant of a Barrel of Powder, and Shot, answerable, to each of the said Towns, for reasons they assign.
In Answer to the said Petition.
Voted, That One Barrel of good Gun-powder, and Two Hundred Weight of Shot be Granted out of the Publick Stores, to each of the said Towns, to be kept, for Town Stock. Sent up for Concurrence.
156 Journal of the House of Representatives
This being the Day appointed, for the Hearing of the Commissioners, for the Bounty & Charity of Edward Hopkins Esq; Deceased: Upon the Petition of Joseph Buckminster Esq; in behalf of the Town of Framingham ; the Honourable Samuel Sewall, John Leverett, and Thomas Fitch, Esqrs; with [ 50 ] Mr. Daniel Oliver, being some of the said Commissioners, were Admitted into the House. And the said Petition being Read; They were heard thereon; and the said Buck- minster in answer to them, and then withdrew.
A Bill Intituled, An Act in Addition to an Act, Intituled, An Act for the Punish- ing of Criminal Offenders. Read a first time.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Mercurii 28. Die Robembris, 1716.
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