USA > Massachusetts > Journals of the House of Representatives of Massachusetts > Part 3
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A Bill Intituled, An Act in Addition to an Act for Erecting a Powder-house in Boston. Read a third time.
Ordered, That the Bill do pass to be Engrossed. Sent up for Concurrence.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Sabbati 4 Die Junit 1715.
A Petition of Constant Freeman Representative of the Town of Truro, pre- sented to the House & Read, praying, That the Province Land at Cape Cod, not included within the Bounds of any Township, may be added to the Town of Truro, and so be brought under Government; Or else that the Inhabi- tants there may not belong to the Constablerick of the said Town, for reasons therein mentioned.
Committed.
A Report of the Committee for Petitions, on the Report of the Committee for Setling of the Eastern Parts of this Province. Read and Debated, Paragraph by Paragraph: And several Paragraphs Voted with some Amendments.
And then the House Adjourn'd till Tuesday Morning Nine a Clock.
Martis 7 die Tunit 1715.
A Petition of Samuel Partridge Esq; John Stoddard Esq; and Henry Dwight; the Committee for Setling of the Town of Northfield, presented to the House & Read, praying the Direction of this Court, in several Articles relating to the Settlement of the said Place. Committed. [ 14 ]
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A Bill Intituled, An Act for altering the Time for the holding the Courts of General Session of the Peace, & Inferiour Court of Common Pleas, within the County of Barn- stable, pass'd at the Board to be Engross'd. Sent down for Concurrence.
Read a first time.
A Bill Intituled, An Act against Burglary, pass'd at the Board to be Engross'd. Sent down for Concurrence. Read a first time.
A Plat of One Hundred Acres of Land laid out by Thomas White Surveyor, con- tiguous to the Town of Mendon, being imployed by the Heirs of Simon Broad- street Esq; deceased, formerly Governour of the late Colony of the Massachusetts- Bay, pursuant to a Grant of this Court, made Novemb. 21. 1702. Presented to the House for confirmation.
Ordered, That the Lands so Platted be confirmed to such of the Heirs of Simon Broadstreet Esq; as of Right the said Grant doth belong. Provided it doth not ex- ceed the Quantity of One Thousand Acres, nor intrench upon any former Grant.
Sent up for Concurrence.
A Petition of Isaac Hubbard and Thirteen Others, Proprietors of the Town of Swampfield, presented to the House and Read, praying, That the said Township may be Inlarged, by the Addition of more Land thereto. Committed.
A Petition of Mary Cole of Boston, Widow, presented to the House and Read, praying, That she may be Enabled to Mortgage the House & Lands which were her late Husbands Henry Cole's, for 400 l. to redeem them from a Mortgage of 300 l. and to pay other Debts.
The Report of the Committee for Petitions, upon the Report of the Committee for Setling the Eastern Parts of this Province, further considered, and some other Paragraphs thereof Voted.
A Message from the Board, That according to the Order of the Day, Mr. Speaker and the House now come up to attend two Hearings.
The One upon the Petition of - Lovering of London, per John Merion his At- torney, - Kimball of Watertown the adverse party.
The Other on the Petition of Richard Coomes, & Hephzibah his Wife. The Heirs of Florence Maccarty the adverse party.
Mr. Speaker, and the House went up accordingly, and the said Hearings being finish'd Return'd to their own Chamber.
Post Meridiem.
The Vote of this House, pass'd the 2 d. of June, Instant, for Raising the Tax of Eleven Thousand pounds only this Year, &c. Sent down from the Board, not Concurr'd. Read, and further consider'd, and
Ordered, That the said Vote be Insisted on and sent up again.
A Petition of Jonathan Hastings of Cambridge, presented to the House, and
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Read, praying, That he may be enabled to have a Hearing of Two Actions be- tween him and Job Bull of Boston, who Married Sarah the Widow of Richard Sherin, before the next Superiour Court of Judicature, to be holden at Charls- town; having Appealed from the Judgment of the Inferiour Court, to the Superi- our Court, and by a Mistake in his reasons of Appeal, both his Actions were Dis- mist, by the Superiour Court.
Ordered, That the Petitioner serve the adverse Party with a Copy of the Peti- tion, and Notifie them that they may be heard before this Court on Friday next, if they have Plea to make why the prayer thereof should not be Granted.
Sent up for Concurrence.
The Report of the Committee, for Petitions upon the Report of the Committee for Setling the Eastern Parts of this Province, further considered, and the remain- ing Paragraphs thereof Voted with some Amendments; and the whole is as fol- lows, viz. In answer to the Proposals of Thomas Hutchinson & John Wintworth Esqrs. in behalf [ 15 ] of themselves & Partners, recommended by the Com- mittee of the Eastern Claims, for the Setling of Two Towns forthwith in a regu- lar & defensible manner.
Voted, That the said Towns proposed to be Setled be accepted, and encouraged according to their Report.
That the Land Platted for a Town from Pejepscot Falls, to Macquoit in Casco Bay be Constituted a Township, to be Laid out; the quantity of Six Miles Square, as the Land will allow; and be called by the Name of Brunswick, to be forthwith Setled in a defensible manner.
That the Other Town Platted in a Square of a Mile, to the Eastward of Am- broscogging River, fronting to Merry Meeting Bay, be allowed & accepted by the Name of Topsham, and be Platted & Laid out, the quantity of Six Miles Square, as the Land will allow; and a Return made in some convenient time to this Hon- ourable Court.
Voted, That for the Satisfaction & Encouragement of those that offer to Settle in the said Towns, that this Court give a Confirmation to their Purchase, as Bounded and laid down in their Proposals, with a Saving for any and all other Grants, Titles, Interest, or Estates that may be found within the same. And par- ticularly, that of Harvard College, and with a reservation of the Rights, Improve- ments & Possessions of any Inhabitants or Proprietors. Provided always, and it is to be understood that those persons shall be subject to such regulations of this Court, as has been made for their Settling in a defensible manner.
Voted, That the said Townships be freed from the Province Taxes, for the space of Five Years, from their first Setting down; and this Court do encourage the Ministry, as shall appear reasonable unto them. Provided, That the Proposers on their part, perform what they offer of Encouraging a Ministry, Minister & Schools, and Proceeding forthwith, to Grant such Tracts in Fee to such as will
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Settle there. And in order to the Covering these Settlements the Stone Fort near Pejepscot Falls be repaired, and that Fifteen Men, One of which to be a Serjeant, with a Commission Officer upon Ensignes Pay, be placed there for the Protection & Assistance of the New Settlements, in the room of the Fort, or Trading House at Casco, which being much out of Repair, We are of Opinion, It is for His Majesty's Service, It be slighted and no longer continued. That his Excellency the Gover- nour be desired to give his Orders accordingly, and also for the Inlisting Five Men, which with Ten Men taken from Casco makes the Complement for Brunswick.
And in answer to the Representation of Mr. Edward Hutchinson, They humbly offer that the other Twenty Men of the Complement, that is now at Casco be re- moved to Arrowsick Island for their Covering, for the space of Six Months, and no more, agreeable to the Grant of the General Court.
Voted, That Major John Wheelwright, Mr. Abraham Prebble, Mr. Joseph Ham- mond, Charles Frost Esq; Mr. John Leighton, and any Three of them be a Com- mittee, to Prosecute the regular Settlements, of the Eastern Frontier, and that in answer to the Petition of the Proprietors of Cape Porpus, and Black Point to the Committee for Claims, the said Committee be Directed to lay out the Town Plats, in a regular and defensible manner, at the charge of the Proprietors, and of such other Town as shall offer agreeable to the Order of Court.
Voted, That the Memorial offered by the Reverend Mr. Samuel Emery, and Mr. Samuel Moodey, be referred to the said Committee, to Report to this Court the State of Winter Harbour.
Voted, That agreeable to the Committee of Claims Report, relating to a Road to the Eastern Settlements. We are of Opinion that it is necessary that a Road be laid out in the most convenient Place, from Wells or Newitchawanock to Pejepscot Falls, as shall be thought most convenient & practicable, and a Computation made of the charge, be laid before this Court; and that it be an Instruction to the said Committee, to cause the same to be Surveyed, & to make their Report of the Place & charge. And that a Committee of both Houses be appointed to prepare the Draught of an [ 16 ] Act, for settling and quieting the Titles of the Lands that are to the Eastward of Piscataqua River. Sent up for Concurrence.
Complaint being made to the House that Capt. Benjamin Stevens, One of the Mem- bers thereof, Representative of the Town of Andover, was within the time of the present Session, viz. Yesterday Arrested in a Civil Action, by Benjamin Coker, Under Sher- iff of the County of Essex, by virtue of a Warrant granted by Joseph Woodbridge Esq; Justice of Peace; which is an Indignity offered to this House, a manifest Breach of the Privilege thereof, & a Transgression of the Law of this Province.
Ordered, That Mr. Justice Woodbridge, and Mr. Under-Sheriff Coker, be Sum- moned by Warrant from Mr. Speaker forthwith to appear before this House to answer for their so doing.
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Ordered, That Mr. Seth Sweetsor of Charlestown, be impowered, & imployed as a Messenger of this House to go and Serve the said Summons.
A Petition of Serjeant Daniel Tucker, presented to the House & Read, praying for Consideration & Allowance to be Granted to him towards his Support, being under Cure of a Gun-shot Wound he received in the Service against the Indian Enemy, in the late War.
Resolved, That the Sum of Ten Pounds be Allowed, and Paid out of the Publick Treasury to Daniel Tucker the Petitioner, towards his Support.
Sent up for Concurrence.
A Petition of the Inhabitants of the Town of Brookfield, presented to the House and Read, praying, That the Lands of Non-Resident Proprietors, and other unoc- cupied Lands in the said Town, may be made liable to Town Assessments, for reasons therein rendred. Committed.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Mercurii 8 die Junii 1715.
A Petition of W. ait Winthrop Esq; praying, That the Committee appointed to lay out the Town of Brimfield, may be forbidden to proceed therein, so as to Encroach upon a Tract of Land belonging to him at Tantiusques, or the Black Lead Mine Hill. And that he may be Allowed to take a Plat of his Land there by an able Surveyor at his own charge, and lay the same before this Court for Con- firmation. Sent down from the Board, pass'd upon there, viz. In Council June 4th 1715. Read and Ordered, That the prayer of this Petition be Granted.
Sent down for Concurrence. Read and
Ordered, That the prayer of the said Petition be so far Granted, That the Peti- tioner may imploy at his own charge an able Surveyor, with Chain-men under Oath, to lay out Four Miles Square of Land, which shall include the Black Lead Mines, that have been Opened in the Hill Tantiusques, mentioned in the Petition, without Intrenching on any former Grant; and present a Plat thereof, to this Court for Confirmation at their Session the next Autumn; and that the Surveyor and Chain-men were under Oath, to be certified on the Plat.
Sent up for Concurrence.
A Message from the Board, That Mr. Speaker, and the House, now come up to the Council Chamber, to attend the Hearing Ordered to be this day, upon the Petition of that Part of Hingham called Conihasset, praying they may be made a Separate Precinct.
Mr. Speaker, and the House went up accordingly, and when the Petioners, and the other Part of the said Town had been fully heard, they withdrew. And Mr. Speaker and the House return'd to their own Chamber. [ 17 ]
A Memorial of Capt. Zechariah Tuthil Victualler of His Majesty's Garrison at
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Castle William, presented to the House & Read, praying the Court to Direct and Order him a meet Allowance per Man, for his Victualling of the said Garrison for the Year next coming. Committed.
Post Meridiem.
The Memorial of the Reverend Ministers, Moving that a Synod be Assembled, which was Read the first Instant. Read again and upon a Motion being made,
Ordered, That any of the Subscribers thereof be admitted into the House, when they shall desire it, to Speak to their Memorial.
The Petition of that part of the Town of Hingham, called Conihasset, upon which a Hearing was had this Day: Sent down from the Board, passed upon there. viz. In Council, June 8th 1715. A Hearing having been upon this Petition, Or- dered, That John Cushing, Thomas Fitch, Thomas Oliver & Edmund Quinsey Esqrs. or any three of them be a Committee, with such as the Representatives shall add to them, to Repair to Hingham, giving a Weeks Notice to the Select- men of the Town, that they may appoint & warn a Town-Meeting. And that the said Committee do proceed to hear the Town, and the Petitioners on the Articles mentioned in the Petition. And that they use all means that the Petitioners may be peaceably established in the Support of a Minister at Conihasset, as is desired; and that they make Report of their proceedings, to the next Session of the Gen- eral Assembly. Sent down for Concurrence. Read & Concurr'd; Provided, That two Months time be first allowed to the Petitioners to apply themselves in a suit- able manner to the Town, that the affair may in the most peaceable Method be accommodated amongst themselves. But if after the said time is Expired, the Pe- titioners (having so applied themselves without success) Do attend the Commit- tee herein Constituted, with their Desire, That in such Case, Capt. Stephen French, Seth Arnold Esqr; Mr. John Ward, Capt. Isaac Little, and Col. Adam Winthrop, (any Four of them to be a Quorum as to this House) are Nominated to joyn with the Committee of the Honourable Board, for the Service above-men- tioned. Sent up for Concurrence.
A Bill Intituled, An Act against Burglary, Read a 2d, and a 3d time, and
Resolved, A Concurrence that the Bill be Engross'd with the Amendments an- nexed.
A Bill Intituled, An Act for altering the time for holding the Courts of General Ses- sion of the Peace, & Inferiour Court of Common Pleas, within the County of Barn- stable. Read a 2d. & a 3d. time, and
Resolved, a Concurrence that the Bill be Engross'd, with the Amendments an- nex'd.
The Petition of David Lovering by John Merion his Attorney, on which there was a Hearing Yesterday: Sent down from the Board, pass'd upon there, viz. In
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Council, June 8th. 1715. on consideration of the Allegations Yesterday in the Hearing upon this Petition. Ordered, That the Petition be Dismissed.
Sent down for Concurrence. Read and Concurr'd.
A Petition of Josiah Chapin of Mendon Esqr; presented to the House & Read, Shewing, That in the Year 1664. the General Court Granted to his late Father Samuel Chapin, Two Hundred Acres of Country Land, which Grant was laid out as was supposed without the Bounds of the said Town, but is since upon Running the Line found to be within them. Praying, That he may be allowed to take up and lay out the said Grant of Two Hundred Acres, in another place in the Prov- ince Land, where it may be found.
Ordered, That the prayer of the Petition be Granted: And that the Land be laid out in a proper regular Form, by an able Surveyor, and Chain-men under Oath; the Plat thereof to be laid before this Court, for Approbation.
Sent up for Concurrence.
And then the House Adjourn'd till to Morrow Morning Nine a Clock. [ 18 ]
Tobis 9 die Junii 1715.
M R. Cooke from the Committee appointed to prepare the Draught of such Bills, as were proper now to be Enacted, Offered to the House the follow- ing Bills, viz.
A Bill Intituled, An Act for Reviving & further Continuing several Rates & Duties of Impost & Tunnage of Shipping, &c.
A Bill Intituled, An Act for the better Preserving, Increasing & Securing Naval Stores, particularly, Tar, Turpentine, & Rozin, within this Province.
A Bill Intituled, An Act for the more due equal Raising of Money, for Defray- ing of the Charges arising in each respective County, within this Province.
A Bill Intituled, An Act for the Reviving & Continuing, An Act for Raising an Excise upon Wines, Liquors, and other Strong Drinks, Sold by Retail, &c.
All which were Read the first time.
Agreeable to the Vote of the House Yesterday, the Reverend Mr. Wadsworth, Mr. Pemberton & Mr. Colman, were admitted into the House, and by Sundry Arguments inforc'd the Memorial of the Reverend Ministers, for the Convening of a Synod, and with-drew.
Upon a Motion being made;
Ordered, That the Reverend Dr. Increase Mather, with any Other of the Rever- end Ministers that Desire it, may be heard before this House upon the said Me- morial, at Four a Clock this day.
A Petition of Simeon Stoddard Esq; and 189 Others Principally Inhabitants of the Town of Boston, presented to the House & Read, praying, That a Medium of Exchange in Trade, may be provided by this Court, for Reasons therein set forth.
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Post Meridiem.
Agreeable to the Order of the House this Day the Reverend Dr. Increase Mather, was admitted into the House, and Assigned several Reasons why he thought that a Synod should not be Convened at this time, as was moved by the Memorial of the Reverend Ministers, and with-drew.
Ordered, That a Light-house be Erected at the charge of this Province, at the Entrance of the Harbour of Boston, on the same Place and Rates proposed in a Bill, projected for the Town of Boston's doing it, accompanying this Vote; and that a Bill be drawn accordingly. Sent up for Concurrence.
The following Vote sent down from the Board, viz. In Council June 9th 1715. Ordered, That Andrew Belcher, Thomas Fitch Esqrs. and Mr. Treasurer Allen, with such as the Representatives shall appoint, be a Committee to Inspect the former Grants & Funds, of the General Court, in order to the setling the Tax for this present Year, and Report the same. Sent down for Concurrence.
Read and Non-concurr'd.
The Petition of Mary Cole, praying as entred the 7th Currant. Read again, and sent up.
An Accompt of Rowland Dike of the charge of his Dining this House on the last Day of Election of Councellors, Amounting to 12 l. 15 s. presented to the House for Allowance and Payment.
Resolved, That the Sum of Twelve Pounds and Fifteen Shillings, be allowed and paid out of the Publick Treasury to Rowland Dike, the Accomptant to Discharge the said Accompt. Sent up for Concurrence.
Capt. Noyes from the Committee for Petitions made Report on the Memorial of Capt. Zechariah Tuthil that was Committed Yesterday, which was accepted by the House, and accordingly,
Ordered, That Four Shillings & Ten Pence, half Peny per Man per Week, be Al- lowed for the Victualling of the Garrison at Castle William, for the space of One Year next coming. [19 ]
And that no person whatsoever, Voluntarily Inlisting himself for His Majesty's Service at the said Castle, shall upon any Occasion whatsoever be removed from thence for Service else-where. Sent up for Concurrence.
Capt. Noyes from the Committee for Petitions, made Report, on the several Petitions after named, which were accepted by the House, and the following Orders agreeable there-unto passed thereon. viz.
The Petition of the Town of Truro, praying as entred the 4th Currant.
Ordered, That the Petitioners Serve the Inhabitants of the Precinct at Cape Cod, or the Principal of them, with a Copy of this Petition, That they may shew Reason, if any they have, why the prayer thereof should not be Granted, on the first Tuesday of the next Session of this Court. And also, why they do not Enter-
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tain a Learned Orthodox Minister of the Gospel, to dispense the Word of God to them, as they are Directed, by an Act of this Court, made the last Year for that end.
Sent up for Concurrence.
The Petition of the Inhabitants of the Town of Brookfield, praying as entred the 7th Currant.
Ordered, That for Seven Years next coming all Town Assessments, in Brookfield be Raised on Polls, as the Law directs, and on the Real Estates of the Non-Resi- dent as well as the Resident, Proprietors exclusive of Personal Estate, which the Committee for Setling the said Town, are hereby Directed and fully Impowred to Levy and Collect accordingly; so long as they shall be continued by this Court.
And to take care the Town be Setled in the most regular, compact, and defen- sible manner that may be. Sent up for Concurrence.
The Petition of the Committee for Setling the Town of Northfield, praying as entred the 7th Currant.
Ordered, That the Order of this Court, passed at their Session in Febr. Anno 1713. for Settlement of the Town of Northfield, be further continued for three Years more. That the Committee be Directed to Setle the Town in the most regu- lar, and defensible manner that may be. That all Town Taxes in Northfield for the Space of Five Years next coming, be Rais'd on Polls as the Law directs, and on the Lands that are or shall be Divided, or Allotted out; and that where a General, or Common Field, or Fields, is agreed upon to be Fenced in for Improvement, The Proprietors of the Inclosed Land shall Pay their just Proportion towards the charge of Making and Maintaining the Fence, whether they Improve their Land or no; and if any such Proprietors are out of the Province, and cannot be come at by Law to Pay their just Proportion of such charge, then their inclosed Lands, shall stand chargeable there-with until it is paid.
Sent up for Concurrence. And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Deneris 10 die Junit 1715.
A Copy of the Sermon, Preached by the Reverend Mr. Jeremiah Shepard on the last day of the Election of Councellors, laid before the House by the Committee appointed to procure the same.
-
Ordered, That Mr. William Paine, and Mr. Cooke be a Committee, to agree for the Printing thereof, at the most reasonable Rate they can, and to Reserve One of the Books for each of the Members of this Court, and of the Ministers of the several Towns, and to present the Author with Thirty.
A Petition of Thomas Fitch, Oliver Noyes, Nathanael Cary, Charles Chambers, and Samuel Greenwood, a Committee appointed by this Court, to provide Sundry necessaries for the Train of Artillery, &c. Directed by Her late Majesty, to be here
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provided, for the Expedition against Canada, Anno 1711. And for the Sums they advanced in that Service, They received Bills of Exchange Drawn by His Ex- cellency [ 20 ] the Governour, upon the Lord High Treasurer of Great Britain, none of which nor any part of the said Bills have been yet paid. And the Petition- ers had the Loan of, 3812 l. 8 s. 7 d. Granted to them in Bills of Publick Credit out of the Publick Treasury; in consideration of their being in Advance in, and for that Service, and which they are oblig'd to Pay into the Treasury in July next; presented to the House & Read, pray the continuance of the said Loan for One Year more.
Ordered, That the prayer of the said Petition be granted.
Sent up for Concurrence.
A Petition of Nathanael Henchman of Boston Merchant, presented to the House and Read, shewing, That he Received of the Ten Thousand pounds Loan of Prov- ince Bills, Anno 1711. the Sum of Fourteen Hundred pounds, which he disbursed to pay off Transports, that were taken up on Her Majesty's Accompt in the Ex- pedition to Canada, Anno 1711. and took Bills of Exchange on the Lord High Treasurer of Great Britain for the same, to the Sum of 996. l. 18 s. 8 d. Ster- ling, payable at 30 days sight: But no part of the said Bills is yet paid, and praying the continuation of the Loan of the said Fourteen Hundred pounds for One Year more.
Ordered, That the prayer of the Petition be Granted. Sent up for Concurrence.
A Petition of Thomas Patch and Four more Inhabitants of the Town of Wen- ham, presented to the House & Read, Complaining that those who were Select- men of the said Town the last Year, did in an unjust manner Draw Money out of the Treasury of the said Town, & praying this Court to take Cognizance of, & Redress the wrong.
Ordered, That the Petitioners forth-with Serve Samuel Kemball, John Porter, William Rogers, and Caleb Kemball, who were Select-men of Wenham the last Year, and Samuel Porter, that was then Constable, with a Copy of this Petition, and direction to appear before this Court on Friday the 17th Currant, to answer the Complaint thereof.
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