USA > Massachusetts > Journals of the House of Representatives of Massachusetts > Part 20
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The Question being put, Whether the prayer of the said Petition be
Granted ? It Pass'd in the Negative.
Ordered, That Capt. Chandler, Mr. Turner, and Mr. Porter, be a Committee to
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Examine what Acts are Expired, or near Expiring, that ought to Revived, and Continued; and Prepare and lay before the House a Bill, or Bills for that end. And a Bill for the more effectual Destruction of Wolves and unruly Dogs.
Ordered, That Maj. Noyce, and Mr. Lindal, be of the Committee, for Propor- tioning the Towns to a Tax of /. 1000. in the Place of Col. Somersby, and Capt. Os- good, who are absent.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Mercurit 5. Die Tunii 1717. A. 99.
A Petition of Jonathan Remington Esq; Representative of the Town of Cam- bridge, Presented to the House and Read, Praying, That the Office for Registring Deeds and Conveyances of Lands for the County of Middlesex, may be opened and kept in the said Town, as the Law Directs, it being the Shire Town of the said County.
Upon a Motion being made by the Representatives of the Town of Charles- town, who Assert their said Town to be the Shire Town of the County.
Ordered, That they receive a Copy of this Petition. And that they may be heard before this Court, in answer thereto on Wednesday next.
Sent up for Concurrence.
A Petition of Joseph Severence of Deerfield, Presented to the House and Read, Praying, That the Sum of /. 1I 2 s. may be allowed him out of the Publick Treas- ury, which he paid his Surgion, and for Diet, and Lodging, whilest under Cure of a Wound in his Leg, which he received in the Service, Anno 1710. And that an Annual Pension for Life may be Settled upon him, having no hopes of being otherwise than a Creeple all his Days. Committed.
Upon a Motion being made:
Ordered, That Mr. Hutchinson, and Mr. John Denison, be Desired to prepare and lay before the House a Bill in Explanation of the Act which Directs the Coro- ner to Serve Writs, &c.
3 Post Meridiem.
Mr. Treasurer Allen was Admitted into the House, and presented his Ac- compts, and withdrew.
The present State of the Treasury Read.
The General Accompts Read.
Ordered, That Mr. Hutchinson, Capt. Chambers, Mr. Joseph Wadsworth, Capt. Dowse, and Mr. Hammond, be a Committee to Examine and Audit the Treasurers Accompts, and make Report to the House.
Capt. Chandler, from the Committee Appointed, laid before the House the Draughts of several Bills. viz.
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A Bill Intituled, An Act in further Addition to an Act Intituled, An Act for En- couraging the Killing of Wolves. Read a first time.
A Bill Intituled, An Act for Reviving and further Continuing of an Act Intituled, An Act directing how Rates and Taxes to be granted by the General Assembly, shall be Assessed and Collected. Read a first time.
A Bill Intituled, An Act for reviving and further continuing of an Act Intituled, An Act for Explanation of, and Supplement to the Act referring to the Poor, &c. Made in the Ninth Year of Queen Anne. Read a first time.
A Report Sign'd by John Wheelright Esq; &c. the Committee appointed the 30th of May last, to receive of the Treasurer and Burn, Unserviceable Bills of Credit. Presented to the House and Read: Shewing that they had received of the Treasurer & burnt, l. 11205 12 5 4 d. half Peny in Bills of their exprest value, l. 442 II s. I d. Thereof having been received for Taxes, &c. which with the 5 per Cent. advance, as they were received into the Treasury, amounts to / 464 13 s. 7 d. and l. 539 00 s. 3 d. Neet Bills received for Sloop Anne, and /. 10224 I s. Neet Bills received of the Trustees for the l. 50000. Loan, amounting in the whole to the Sum of l. 11227 14 S. IO S.
Resolved, That the said Report be Accepted, and that the Treasurer be Dis- charged accordingly. Sent up for Concurrence.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
BOSTON: Printed & Sold by 13. Green. 1 7 17. [4]
Province of the Massachusetts-Bap. VOTES
of the House of Representatives.
Tobis 6. Die Junii, 1717. A. M.
M R. Hutchinson from the Committee appointed, laid before the House, A Bill Intituled, An Act in Addition to an Act, relating to the Duty and Office of a Coroner. Which was Read.
A Petition of Joseph Severance, Praying as entered Yesterday: Read again, with the Report of the Committee thereon, which was accepted by the House, and a Vote pass'd accordingly, with some Addition, viz.
Resolved, That the Sum of Eleven Pounds Two Shillings, be allowed and paid out of the Publick Treasury, to Joseph Severance the Petitioner, to reimburse him the Sum he expended on his Surgeon, and for Dyet, &c. when under Cure. And the further Sum of Ten Pounds, in full for his Loss of Time and Smart.
Sent up for Concurrence.
The Petition of Ephraim Fenno and Elizabeth his Wife, Praying as entered the First Currant. Read again, and the Report of the Committee thereon, which was accepted by the House; and accordingly,
Ordered, That the Petitioner serve the present Possessor of the Lands, men- tioned in this Petition, with a Copy thereof: And that there be a Hearing thereon before this Court on Tuesday next. Sent up for Concurrence.
A Petition of Joseph Coffin, Representative of the Island of Nantucket, Pre- sented to the House and Read, Shewing, That some of the Inhabitants of the said Island molested their Neighbours, by Suing them in vexatious Actions of little Value to the Inferiour Courts of Dukes County, and Barnstable County, compel- ling them to travel to those distant Counties to answer their Suits. Praying Re- dress. And that it may be Enacted, That Actions shall be tryed in the County, where either the Plaintiff or Defendant Dwell.
A Petition of Malachi Holloway of Middleborough, Presented to the House and Read, Praying, That he may have Liberty to take up, and lay out by a Skilful Surveyor, and Chain-men under Oath, 150 Acres of Land, to fulfil a Grant, of so much, that was made to his Father William Holloway, by the General Court, Anno 1662, for Service done to the Publick; which Grant has not yet been satis- fied.
Ordered, That the Prayer of the Petition be Granted. Sent up for Concurrence.
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3 Dost Meridiem.
A Petition of Henry Flint of Cambridge, Gent. in behalf of himself and the rest of the Children of Mr. Josiah Flint, late of Dorchester Clerk, Deceas'd, Presented to the House and Read, Shewing that a part of a Tract of Land Granted to his Predecessors, falls within the Bounds of the Indian Plantation, called Hassena- misco, Praying that he with those concerned may have liberty to Purchase of the Indian Proprietors, so much of their said Tract, as falls within their said Planta- tion.
Ordered, That the prayer of the Petition be Granted. Sent up for Concurrence.
The Petition of the Town of Sherbourn by William Rider their Representative, praying as entred the First Current, Read again, and
Ordered, That the prayer of the Petition be so far Granted, as that the Peti- tioners be allowed to take a Plat of Three Thousand Acres of Land in the Place they mention, by a Surveyor and Chain-men under Oath, and lay it before this Court for Confirmation.
A Petition of John Hawks of Deerfield, presented to the House and Read, Shew- ing, That he has been Improved very often, in the Service against the Indian Enemy, and five times sorely wounded, &c. Praying Consideration and Support from this Court, He being now reduced to Straits in his Old Age.
And the Question being put, Whether any thing be Granted in answer to the said Petition? It pass'd in the Negative.
A Bill Intituled, An Act in further Addition to the Act for Encouraging the Killing of Wolves. Read a 2d time.
Ordered, That Mr. Parsons, Mr. Turner, Capt. Horrick, Capt. Bane, and Mr. John Paine be a Committee to whom the said Bill is Committed.
The Petition of Joseph Coffin, praying as entred this day further Considered, and
The Question being put, Whether the Laws of this Province, Page 35, & 116. (Declaring that all Writts Issuing out of the Clerks Office shall run through the Prov- ince) Gives liberty to any Person to bring his Action within any County of this Prov- ince, where neither Plaintiff or Defendant being Setled Inhabitants do live ?
Resolved in the Negative. And that the Laws are not to be so Understood or Practised. Sent up for Concurrence.
And then the House Adjourn'd till to Morrow Morning Nine a Clock. [ 8 ]
Deneris 7. Die Junit 1717. A. O.
H IS Excellency the Governours Speech Read again: And Mr. Speaker offered to the House a Draught of an Answer thereto, which was Read, and Voted by the House.
Ordered, That Mr. Hutchinson, Mr. Porter and Capt. Savage, Wait on his Ex-
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cellency the Governour and Acquaint him that this House are Desirous to Ac- knowledge his favour, in his Speech at the opening of this Court; and to know when his Excellency pleases the House shall attend him for that end.
The said Members Attended the Order of the House, and Returned answer, That his Excellency had Appointed to Morrow Morning.
A Petition of Samuel Morris, Simon Gates, and Isaac Hunt, Proprietors of Land in the Town of Lancester, in behalf of themselves, and other Proprietors in the said Town. Presented to the House and Read, Praying this Court to De- termine whether the Grant of Land made to the said Town in June 1713, upon the Petition of Thomas Sawyer, and John Houghton, in behalf of the said Town belongs to the said Thomas Sawyer and John Haughton, and the major part of the Proprietors in the said Town, or whether every Proprietor in the Town ought not to have a Share in the said Grant?
A Petition of Samuel Morris, and Dorothy his Wife, in behalf of themselves, and the Children and Heirs of Joseph How late of Marlborough, Deceased, who was former Husband of the said Dorothy, Presented to the House and Read, pray- ing the Confirmation of a Tract of Land of 300 Acres, Granted to William Hobber- field, Anno 1698. which was by him Sold to Thomas How, and by him to the said Joseph How. And a Plat of 300 Acres of Land Protracted by John Brigham Sur- veyor presented therewith.
Ordered, That the Land contained and Delineated in the said Plat, be Allowed, and Confirmed as the 300 Acres, that was Granted unto William Hobberfield, Anno 1698, provided, it intrench not upon any former Grant, and contains no more than the Quantity granted. Sent up for Concurrence.
Ordered, That Mr. Joseph Wadsworth be added to the Committee, appointed to find out and agree for a Piece of Land suitable to erect an Hospital upon, to en- tertain infectious Persons that may be imported into this Province.
A Message from the Board by Benjamin Lynde Esq; That the House do now come up to attend the Hearing appointed the 30th of May last, upon the Peti- tions of sundry Inhabitants of the Town of Dorchester.
Mr. Speaker and the House went up accordingly, and after some Time spent therein, his Excellency Adjourned the Court and the Hearing to half an Hour past Three a Clock.
3 Post Meridiem.
A Message from the Board by Thomas Hutchinson and Thomas Fitch Esqrs, That the House do now return to the Council Chamber, to finish the Hearing upon the Petitions of sundry the Inhabitants of the Town of Dorchester.
Mr. Speaker and the House went up accordingly; and when both Parties were fully heard, return'd again to their own Chamber.
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A Message from the Board by Penn Townsend and John Higginson Esqrs, That the Hearing upon the Petition of - Pease of Nantucket, and the Hearing upon the Petition of sundry Indians of Nantucket, that were appointed to be this Day, be continued till to Morrow Ten a Clock; which was agreed to by the House.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Sabbati, 8. Die Tunii, 1717. A. M.
M R. Hutchinson from the Committee appointed to Examine and Audit the Treasurer's Accompts, reported, That they had attended that Serv- ice; and find his Accounts to be right Cast, and well Avouched, in the several Ar- ticles of them; which Report was accepted by the House, and the following Vote pass'd, viz.
The Accompts of Mr. Jeremiah Allen, Treasurer and Receiver General of this Province, beginning the 30th Day of May 1716, and continued unto the 31st Day of May 1717, amounting to the Sum of Fifty-one Thousand, Eight Hundred Fifty- eight Pounds, Eight Shillings and Eleven Pence, having been presented and laid before the House of Representatives, and Inspected by the said House, by which it appears there was standing out on said Thirty-first Day of May, Five Thousand Six Hundred Eighty-nine Pounds, Three Shillings and Six Pence, of the Taxes; Two Thousand Five Hundred Thirty-seven Pounds, Eleven Shillings and Nine Pence, Neet Province Bills, and Thirteen Thousand Six Hundred Twenty Two Pounds, Three Shillings and Three Pence, Province Bills, with the Five per Cent. advanc'd thereon in the Treasury, and further to be accounted for.
Voted, That the said Accompts, in the several Articles of Receipts and Pay- ments therein mentioned, amounting unto the Sum of Thirty Thousand and Nine Pounds, Ten Shillings and Five Pence, be and are hereby allowed of; and the said Treasurer is hereby Discharged of the said Sum of Thirty Thousand and Nine Pounds, Ten Shillings and Five Pence. Sent up for Concurrence. [ 9 ] Ordered, That the Committee which Audited the Treasurer's Accompts, be a Committee to Examine and Audit the Accompts of the Commissioner of Impost, and make Report to the House.
A Petition of Nathaniel Henchman of Boston Merchant, Presented to the House and Read, Shewing, That he received of the Ten Thousand Pounds Loan of Province Bills, Anno 1711, the Sum of Fourteen Hundred Pounds which he Dis- bursed to pay off the Transports, that were taken up on Her late Majesty's Ac- count, in the Expedition to Canada the said Year, and took Bills of Exchange on the Lord High Treasurer of Great Britain for the same, to the Sum of l. 996 18 s. 8 d. Sterling, payable at 30 Days Sight; but no part of the said Bills is yet paid. Praying the Continuation of the said Loan for one Year more.
And the Question being put, Whether the Prayer of the Petition be Granted ? It pass'd in the Negative.
1
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Mr. Speaker and the House went up to the Council Chamber, to return An- swer to His Excellency's Speech. And Mr. Speaker make a Speech to his Excel- lency, as follows, viz.
May it please Your Excellency,
W E His Majesty's Loyal and Dutiful Subjects the Representatives of the Province of the Massechusetts-Bay, now in General Court Assembled, as well for our Selves, as in the Name of the People we Represent, Do with great Sincerity, Duty and Thankfulness Acknowledge your Excellency's great Respect, Favour, Care and Affection expressed to us, and to our Country, in your Speech to the General Assembly, in this your first Meeting them at a Session for the An- niversary Election of Councellors.
Nothing could have laid us under greater and more endearing Obligations, than your Excellency's affectionate Expressions, and Assurances with reference to our Religious and Civil Rights, Liberties and Privileges; and that your Excel- lency hath so much at heart the true Valuable, and best Interest of this Country, as if it had been indeed your Own.
We gladly take this Publick Occasion to Testify our Gratitude, first to Al- mighty GOD, and then to Our most gracious Soveraign Lord the KING, under whose happy Reign, and your Excellency's good Government, We hope to enjoy those inestimable Blessings for many Years to come; that so we and our Poster- ity, may be leading quiet and peaceable Lives in all Godliness and Honesty, and thereby approve our selves to be such as Fear GOD, and Honour the KING.
We greatly Rejoyce with your Excellency in the good Tidings, We have from time to time, of the Remarkable Protections, and Blessings of Heaven, upon His Sacred Majesty and His Illustrious Family, and His Wise and Just Governmen
And we thankfully Accept your Excellency's Exhortation to Moderation, Unanimity, Publick Spiritedness, and Expedition in the business of this Session, and shall endeavour to put it in Practice accordingly.
To which His Excellency was pleased to Reply, as follows, viz.
Gentlemen,
Y Our Answer to My Speech is so Expressive of your Loyalty and Duty to the KING, and His Illustrious House; as is also your joyning your Congratula- tions and Acknowledgments with Mine in owning the Signal Hand of Divine Provi- dence, in the timely discovery of the horrid Swedish Conspiracy against His Maj-
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esty's Sacred Person, and His Royal Family; that you must give Me leave to Assure you, That they are the Most agreeable Topicks upon which you cou'd Speak.
As to what you so kindly mention in reference to My Self and My Administration, it shall carry its just weight with it, and it will induce Me to give you constant Proofs that My Words and Actions shall never jarr.
I am glad of this Opportunity to Return you My hearty Thanks for this your Agreeable Answer.
And then the House return'd to their own Chamber. [ 10 ]
A Petition of Elizabeth Hobart, Widow relict of Jer. Hobart, late of Haddam, Clerk, Deceased, presented to the House and Read, praying that 600 Acres of Land Granted in May 1679. to Mr. Samuel Whiting, Sen. of Lynn, which now belongs to the Petitioner, may be laid out in some Unappropriated Land of this Province. Committed.
A Message from the Board by Edward Bromfield Esq; That the House do now come up and attend the Hearing on the Petition and Complaint of the Nantucket Indians.
But that the Matter of the Complaint in the Petition of Pease, upon which a Hearing was Granted, is accommodated.
Mr. Speaker and the House went up accordingly; And the Attorney, for the English Inhabitants of Nantucket, prayed to have further Day given them, not being fully prepared for the Hearing. Whereupon the Parties were ordered to withdraw.
And the House Return'd to their own Chamber to Consider of the said Mo- tion. And after Debate,
Ordered, That a Message be sent up to the Honourable Board by Col. Thaxter, and Mr. Turner, That this House see no reason to comply with the said Motion, for Deferring the Hearing: But are of the Mind that the Hearing ought now to proceed, the Respondents to the Petition having had sufficient time to prepare their answer.
A Message brought unto the House, That the English Inhabitants of Nantucket were content that the Hearing should now proceed.
Mr. Speaker and the House went up again to the Council Chamber. And when both Parties had been fully heard Return'd to their own Chamber.
And then the House Adjourn'd to Monday next three a Clock in the Afternoon.
BOSTON: Printed & Sold by 25. Green. 1717.
[ II]
VOTES of the House of Representatives
Luna 10. Die Junii, 1717. 3. D. M.
A Bill Intituled, An Act in Addition to an Act Intituled, An Act relating to the Duty & Office of a Coroner. Read a 2d time.
A Bill Intituled, An Act for reviving and further Continuing, An Act, Intituled an Act Directing how Rates and Taxes to be Granted by the General Assembly, shall be Assessed and Collected. Read a 2d time. And the said Act Read.
A Petition of Daniel Allen, Josiah Torry, and 23 others Inhabitants of the Town of Swansey, Presented to the House and Read, praying, That the West end of the said Town may be set off, and made a distinct Town-ship, That they may thereby be enabled to Raise a Maintenance for the Gospel Ministry among them.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Martis, 11. Die Tunit, 1717. A. M.
A Petition of Joseph Eaton, William Bradbury and 45 others, Inhabitants of the Town of Salisbury, praying this Court to Rectify & Confirm a reason- able Agreement which the said Town have made among themselves, relating to the Maintenance of the Gospel Ministry, and Building Meeting Houses in the said Town, concerning which Contention is arisen in the Town, several Persons endeavouring to make void the same. Sent down from the Board, pass'd on there, viz. In Council, June 6th 1717. Read & Ordered, That the Petitioners, Serve the adverse Party with a Copy of this Petition, That they may be heard thereon upon the 2d Wednesday of the Fall Sessions of this Court, unless the Parties agree within that time. And that in the mean time the Reverend Mr. Caleb Cushing Continue to Preach at the Old Meeting-house within the said Town of Salisbury.
Sent down for Concurrence. Read & Concurr'd.
A Petition of John Beauchamp of Boston, Leather Dresser, Presented to the House & Read, praying, That he may be allowed to keep an Indian Woman Servant, which he Imported lately from Carolina, the Law of this Province to the contrary notwithstanding: For reasons therein assigned.
And the Question being put, Whether the Prayer of the Petition be Granted ? It passed in the Negative.
A Petition of Jeremiah Cushing, Samuel Tyley and 32 others, Innholders & Re- tailers in the Town of Boston, Presented to the House & Read, praying, That the Act, Intituled, An Act for the Granting to His Majesty an Excise upon Wines, &c. May be Repealed, and that the Excise may be Setled upon the same Foundation, on which it lately was, for reasons therein alledged.
A Plat of 2000 Acres of Land, laid out for the Town of Woburn, by Joseph Burnap Surveyor, and Chain-men under Oath, pursuant to a Vote of this Court the 28th Novemb. last: Presented to the House for Confirmation.
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Ordered, That the Lands, Described & Delineated in the said Plat be Con- firmed to the Town of Woburn, in Satisfaction of a Grant made to them in October 1664. Provided it Intrench upon no former Grant, and Contain no more than the quantity Granted. Sent up for Concurrence.
A Petition of Thomas Wells, Representative of the Town of Deerfield, Pre- sented to the House and Read: Shewing, That the General Court in the Year 1673 Granted to the said Town, an addition of a Tract of Land, that was to be laid out at the North end of the said Town, and to Contain the quantity of 7 Miles Square; which Lands was accordingly laid out, and the Bound-marks now to be seen: But upon searching the Records they cannot find any entry thereof, Pray- ing, That it may be now Allowed and Confirmed, and be of Record to prevent future Trouble.
Ordered, That the Petitioners may take a Plat of the additional Grant of the Quantity of Seven Miles Square, in the whole, Pursuant to the ancient Bounds by a Surveyor and Chain-men under Oath, and lay it before this Court for Con- firmation at the Sessions next Fall. Sent up for Concurrence.
A Bill Intituled, An Act, relating to the Duty and Office of a Coroner. Read a 3d time, and Pass'd to be Engross'd. Sent up for Concurrence.
A Petition of Isaac Pease, and Six others Inhabitants of the Town of Enfield, Presented to the House & Read, Complaining of Injury done them, in the Divi- sion that has been made of the Common Lands in the said Town, wherein they Apprehend they cannot have relief by the Common Law. Praying this Court to take the matter into their Consideration, and grant them relief.
And the Question being put, Whether the prayer of the Petition be Granted ?
It pass'd in the Negative.
A Petition of Roger Billings, of Dorchester, Jonathan Gulliver of Milton, and John Billings of Dorchester, Presented to the House & Read, praying further re- lief for Thomas Onconcouug an Old blind Indian, that has been very Serviceable as a Souldier in the late Wars, and received a hurt in one of his Eyes while in the Service, which is supposed to have occasioned his Blindness. And an Account was Exhibited of the Expenditure of Six Pounds that was granted in the Year 1715 for his relief. Committed.
The Petition of Robert Spur Esq; &c. of Dorchester, praying as entred the 30th of May last, upon which there has been a Hearing this Session. Sent down trom the Board, Pass'd on there, viz. In Council, June 11th 1717. Upon a full Hearing had on Fryday the 7th Currant, before the whole Court, upon the within Petition of the Inhabitants of Dorchester. Voted, That the prayer of the Petitioners be not Granted; and the Acts of the said Town-Meeting, are so far Confirmed as relates to the Choice and Power of Officers, and other proper Town Business. Sent down for Concurrence. Read & Concurr'd, abating the last clause, viz. (And other proper Town Business.) And that the Allowing of this Meeting so far, on this ex-
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traordinary occasion, be not Improved to Countenance any Neglect, in the Warn- ings of Town Meetings for the future. [ 12 ]
A Message from the Board by Samuel Sewall, John Appleton, John Wheel- wright, Thomas Noyes, Benjamin Lynde and Addington Davenport, Esqrs; That his Excellency Desires that the Consideration of Petitions may not take up too much of the Time of this Court, so as to Post-pone the more weighty Affairs: But that the House will proceed in them.
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