Journals of the House of Representatives of Massachusetts, Part 4

Author: Massachusetts. General Court. House of Representatives; Massachusetts Historical Society
Publication date: 1717
Publisher: Boston : Massachusetts Historical Society
Number of Pages: 314


USA > Massachusetts > Journals of the House of Representatives of Massachusetts > Part 4


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Sent up for Concurrence.


A Petition of Francis Allen of the Town of Kittery, presented to the House and Read, Shewing that before Berwick was set off, a Separate Township from the Town of Kittery, he agreed with Kittery for Twelve pounds per Year, to Maintain Thomas Younglove a blind impotent Man of that Town; but that since Berwick has been made a Separate Township, Kittery Refuses to pay him: And that he can obtain no Remedy by the Law, the Justices of the Inferiour Court being Inhabi- tants of Kittery; praying Remedy from this Court. Committed.


A Bill Intituled, An Act for the Reviving & Continuing an Act for the Raising an Excise upon Wines, Liquors, and other Strong Drink, Sold by Retail, Read a 2d time.


.


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A Bill Intituled, An Act for the more convenient & equal Raising of Money for Defreying of the charges arising in each respective County, within this Province. Read a 2d time.


A Bill Intituled, An Act for Reviving & further Continuing several Rates & Duties of Impost & Tunnage of Shipping, &c. Read a 2d. time.


A Bill Intituled, An Act for the better Preserving, Increasing & Securing Naval Stores, particularly, Tar, Turpentine & Rozin, within this Province. Read a 2d time.


A Message from the Board, That Mr. Speaker & the House now come up to the Council Chamber to attend the Hearing appointed this Day, upon the Petition of the Southwesterly Precinct in the Town of Ipswich.


Which was forth-with done & the Hearing being finished, Mr. Speaker and the House returned to their own Chamber.


Post Meridiem.


A Petition of Sundry Inhabitants of the Town of Dorchester, living Westward of Milton, including Puncapaog Plantation, presented to the House and Read, praying, That they may be Constituted a Township, for the better Support of the Gospel Ministry according to the Bounds they mention, &c.


And the Question being put, Whether the prayer of the Petition be Granted? It pass'd in the Negative. [ 21 ]


The Petition of Francis Allen, praying as entred this Day, further considered, & the Report of the Committee thereon, which was accepted by the House, & accordingly,


Ordered, That the Town of Berwick pay the same Proportion of the Twelve pounds mentioned in the Petition, during the time of the Impotent Man's neces- sities, That they paid in the last Town-Rates, when they were part of the Town of Kittery. Sent up for Concurrence.


A Petition of William Dudley, in behalf of the Proprietors of the Town of Rut- land, presented to the House & Read, praying, That the Plat they formerly laid before this Court to be confirmed as the laying out of the said Township, may be now confirmed, for Reasons therein mentioned. Committed.


A Plat of 143 Acres of Land, laid out by John Gardner Surveyor, imployed by John Higginson Esq; as part of his Right of 460 Acres, the said Surveyor, and those that carried the Chain in Measuring the Land being Sworn; presented to the House for Approbation: And the follwing Vote pass'd thereon, viz.


This Plat laid before the House and Inspected by them.


Ordered, That the Land, therein Described & Platted, be confirmed to John Higginson Esq; provided, It doth not Intrench on any former Grant.


Sent up for Concurrence.


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. An Accompt of Robert Ellis Surgeon his Administration to Serjeant Daniel Tucker, for the cure of a Gun-shot Wound in his Body, which he received in the Service against the Indian Enemy, Anno 1711. from Aug. 16. 1713. to May 25th 1715. further considered, and


Resolved, That the Sum of Thirty-five pounds be allowed & paid out of the Pub- lick Treasury to Dr. Robert Ellis the Accomptant, for his Service, &c. mentioned in his Bill. Sent up for Concurrence.


A Petition of John Campbell, praying, That he may be Allowed the Sum of 35 l. 3 s. 3 d. due for the Postage of Publick Letters. Sent down from the Board hav- ing been Read there. Read and Committed.


And a Representation of the said John Campbell, shewing Reasons to Induce the Publick to assist him in the Printing his Weekly News-Letter. Read & Com- mitted.


Ordered, That Col. Winthrop, Mr. William Paine, and Mr. Jonathan Remington, be a Committee to prepare and lay before the House a Draught of a Bill, to lay the like Duty on the Trade of the Province of New-Hampshire, to this Province, that the Government there have laid upon the Trade of this Province.


A Message from the Board, That Mr. Speaker and the House, now come up to the Council Chamber, to attend a Hearing upon the Petition of Joseph Brown, and Others, Inhabitants of the East and West Precincts in the Town of Newbury ; which was forth-with done, and the Hearing being finish'd, Mr. Speaker and the House return'd to their own Chamber.


A Petition of George Momeusque Indian, praying, That he may have Liberty to Sell a Tract of Land belonging to him, which adjoyns to the Southern Line of the Town of Worcester. And a Petition of the Inhabitants of the Town of Worcester, praying, That they may have Liberty to Purchase the said Land of the said In- dian. Were both severally presented to the House and Read.


And then the House Adjourn'd till to Morrow Morning Nine a Clock.


Sabbati II die Junit 1715.


A Petition of John Higginson jun. and Nathanael Higginson of Salem, pre- sented to the House and Read, praying, That they may be Allowed to lay out a New Farm of Seven Hundred Acres, formerly Granted to the Reverend Mr. John Higginson, and laid out by a Pond called Haverhill Bound Pond, the Marks then made being mostly Effac'd, and not to be found. [ 22 ]


Ordered, That the prayer of the Petition be granted, and that the Plat be taken by a skilful Surveyor, and Chain-men under Oath, (to be so certified thereon) and return'd to this Court for confirmation. Sent up for Concurrence.


Mr. Seth Sweetsor, who was Imployed as the Messenger of the House, made Return, That he had Summoned Mr. Justice Woodbrigde, and Under-Sheriff


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Coker, to appear before the House, & produc'd a Letter from Mr. Woodbridge, to Mr. Speaker and the House, which was Read, excusing his not appearing by Rea- son of his own and his Families Sickness; and intreating that his Error in Issuing forth a Writt against Capt. Stevens may be Over-look'd, inasmuch as he was Ig- norant of his being a Member of this Honourable House.


Mr. Under-Sheriff Coker appear'd before the House and begg'd pardon of the House for his Error & Offence, in Serving a Writ upon Capt. Stevens, One of the Honourable Members thereof: And affirm'd that he knew him not to be a Repre- sentative, when he Served the Writ.


Mr. Coker was Ordered to with-draw a while.


It not appearing to the House, That Mr. Under-Sheriff Coker, did know that Capt. Stevens was a Member of this House when he Arrested him.


Ordered, That the said Mr. Coker be dismiss'd. Mr. Coker was accordingly call'd in and dismiss'd.


A further Report of Stephen Frances, Josiah Converse, and John Ware, a Com- mittee sent by this Court in June 1701. to Settle the Line between the Town of Sherborn and Framingham ; and to Determine who should bear the charge: Hav- ing formerly made Report as to the Line, now Determine as to the charge of the Committee, That one third part thereof be paid by the Town of Sherborn, the Other two thirds by the Town of Framingham, each of the Committee having been Seven days upon that Service.


Ordered, That the said Report be Accepted, and that the said Committee be paid accordingly Four Shillings per day to each of them for the time of their Service.


Sent up for Concurrence.


And then the House Adjourn'd till Monday next Three a Clock afternoon.


Luna 13 die Junit 1715.


T He Bill Intituled, An Act for the better Preserving, Increasing & Securing Naval Stores, particularly, Tar, Turpentine & Rozin, within this Province. Read a 3d time.


Resolved, That the Bill do pass to be Engross'd. Sent up for Concurrence.


The Proprietors of the Town of Rutland having Represented to this House, that the Direction given by this Court at their last Session, for the laying out the said Township contiguous to the Town of Lancester (which was then so Ordered to preserve a Regular Face to the Frontiers, and not leave a slip of Land between the said Towns too small for a Township) will remove them in some measure from the Lands they had purchased of the Natives.


And having Propos'd and Petition'd, That the Form & Place of their Town- ship, may be as Discrib'd in this Plat, which will help the said Inconveniencies.


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Ordered, That the said Proprietors be Directed to Protract, and lay out their Grant of Land for a Township, named as abovesaid, agreeable to the Plat above Delineated, by a Surveyor and Chain-men under Oath (to be so returned on the Plat) Reserving & Laying out for this Province, One Thousand Acres of Land, in the Angle between Worcester and Lecicester, in a figure as near a Square as they can, and lay the Plat so taken before this Court for Confirmation.


Sent up for Concurrence.


The Bill Intituled, An Act for the more Convenient & equal Raising of Money for Defreying of the charges arising in each respective County within this Province.


Read a 3d. time, and [ 23 ]


Resolved, That the said Bill do pass to be Engross'd. 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 appointed to be this day, upon the Petition of Jonathan Hastings, between him & Job Bull; which was forth-with done. And the Parties being fully heard, with-drew; and Mr. Speaker, and the House Return'd to their own Chamber.


The Vote of this House pass'd the 7th of this Instant June, respecting the Setling of the Eastern Parts of this Province .: Sent down from the Board, pass'd upon there, viz. In Council June 10th 1715. Read and Concurr'd. And by His Ex- cellency the Governour, viz. At the Desire of the Council and Representatives, I shall give the Warrants to Draw out Nineteen Men, and an Ensign from Casco Fort for Arrowsick. And shall also raise Fifteen Men, for Brunswick, with a Com- mission Officer for the Service projected; But cannot at present see Reason to Demolish the Fortification at Casco, until His Majesty's pleasure be known therein.


J. DUDLEY. The Precept sent to Plymouth ; Return'd Major John Bradford chosen their Representative: who appeared.


A Petition of Jeremiah Dummer and Thirty Others, Merchants, &c. to whom this Court Lent of the Publick Bills of Credit, in the Year 1711. to enable them, to Supply the British Troops, then designing an Expedition against Canada, for which Supplies they received of the Governour & Admiral of the said Expedition Bills of Exchange on the Lord High Treasurer of Great Britain ; presented to the House and Read: Shewing, That as yet no more than two thirds of the Bills of Exchange are paid, and that with great Disadvantage: Praying, That one third part of the said Bills of Credit that are out-standing in their hands, may be Lent to them for One Year more.


Ordered, That the prayer of the Petition be Granted; and that the Bills out- standing in the Petitioners hands, and those a-like concerned be Lent to them for One Year more. And that the Committee that this Court Imployed to lend out the Bills, and take Security for the Re-payment, be Reviewed & Impowred, to Review and Consider the Bonds, and Security given for the same, as well those on


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which the after Ten Thousand pounds Loan was issued, as those which this Peti- tion refers to; and that such of the Bonds wherein any of the Obligors are Dead, Removed out of the Province, or by adverse Providence considerably Impaired, in Estate, or wherein the Security Refuse to continue so, be Sued out when due; unless other and further sufficient Security, be given to the Satisfaction of the Committee, the Obligors to pay the Committee for their trouble.


Sent up for Concurrence.


A Bill Intituled, An Act in Addition to the Act for Granting unto His Majesty sev- eral Rates & Duties of Impost, and Tunnage of Shipping. Read a first time.


A Petition of Andrew and Jonathan Belcher of Boston, Merchants; presented to the House and Read, praying, That Fourteen Hundred pounds part of the Sum Lent to them in Bills of Credit, out of the Publick Treasury, Anno 1711. to Assist them to furnish Stores to General Hill, and Admiral Walker, for the Army & Fleet under their Command, bound on the Expedition to Canada : May be Lent to them for Four Years more to come, for Reasons therein Alledged.


Ordered, That the prayer of this Petition be so far Granted, That the said Four- teen Hundred pounds be Lent to the Petitioners, for One Year more.


Sent up for Concurrence.


The Vote of this House pass'd the 2d Instant for Post-poning the payment of Eleven Thousand pounds, part of Twenty-two Thousand pounds, granted to be Levyed this Session. Sent down from the Board again, pass'd on there, viz. In Council June 13th 1715. put to the Question, Whether the Council do depart from their Vote of Non-concurrence within mentioned, on June 4th Currant? . Pass'd in the Negative. Read.


And then the House Adjourn'd till to Morrow Morning Nine a Clock. [ 24 ]


Martis 14 die Junii 1715.


T He Vote of this House pass'd the 31 of May last, for Ascerting the Right of this Province to Piscataqua River : Sent down from the Board, pass'd upon there, viz. In Council June 1. 1715. Read & Concurr'd. And by His Excellency the Governour, viz. I agree to this Vote and the Establishment of a Naval Officer at Kittery, so soon as the Breast-work for Six Guns Voted, shall be built, and the Guns Mounted. J. DUDLEY.


Major John Bradford Returned Representative of the Town of Plymouth, was sent up to the Board to take the Oaths, &c.


T His House having at diverse times for several Years past, Voted the Fort of Trading-house at Casco Bay, to be of little or no Service as a Barrier to our Frontiers, a Bridle to the Indian Enemy, or Security to the Fishery, and therefore of no Publick Benefit. And this House with the Honourable Board (as by their


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Votes of the 7th & 10th Instant) having offered to His Excellency as their Opin- ion, That it is for His Majesty's Service, That the Fort at Casco Bay be slighted, and no longer continued, and that a Stone Fort near Pejepscot Falls be Repaired in stead thereof, as more conveniently Situated for Covering the New intended Settlements and keeping the Indians, from their Fishery in case of a Rupture. And His Excellency having signified under his Hand, That he cannot at present see Reason to Demolish the Fortification at Casco, until His Majesty's pleasure be known therein.


And forasmuch as the Charter Granted to the Inhabitants of this Province, by their late Majesty's King William and Queen Mary of Glorious Memory, Doth give full Power to the Governour, for the time being, at his pleasure to Demolish Forts and Fortifications.


Voted, That no more Money be drawn out of the Publick Treasury, for the Sub- sisting and Paying any Officers, or Souldiers at the Fort at Casco, after the First Day of September next.


And that a Copy of this Vote be sent to Mr. Treasurer, for his future Direction. Sent up for Concurrence.


A Petition of William Maccarty Administrator of the Estate of his late Father Florence Maccarty of Boston, deceas'd, presented to the House and Read, praying, That a Deed of Gift, wherein Joseph Nowell conveyed his Real Estate to his Wife, which was forgotten to be mention'd in the Hearing that has been upon Coomes his Petition, may be now receiv'd, and have its consideration in the Proceeding of this Court upon the said Petition.


The Copy of the said Deed, and Coomes, his answer to the said Petition of Wil- liam Maccarty, Read & sent up.


The Bill Intituled, An Act in Additition to the Act for Granting unto His Majesty several Rates & Duties of Impost, and Tunnage of Shipping. Read a 2d time.


The Vote of the Board, upon the Vote of this House of the 2d Currant, for Post- poning the Raising of Eleven Thousand Pounds of the Tax to be Levyed this Ses- sion, entred Yesterday, Read again and further Considered, and Debated.


Ordered, That the House Adhere to their Vote aforesaid, as first passed.


Sent up.


Ordered, That Mr. Elisha Cooke, Mr. Samuel Clap, Col. Adam Winthrop, Col. Samuel Thaxter, and Capt. Francis Fulham, with such as the Honourable Board shall joyn, be a Committee to prepare the Draught of a Bill, for Settling and Quieting the Titles of the Lands, that are to the Eastward of Piscataqua River, pursuant to the Vote of this Court this Session. Sent up for Concurrence.


Ordered, That Mr. William Paine, Col. Samuel Thaxter, and Col. Adam Win- throp, with such as the Honourable Board shall joyn, be a Committee to Build a Light House, at the Entrance of the Harbour of Boston, pursuant to the Votes of this Court. Sent up for Concurrence. [ 25 ]


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An Engross'd Bill Intituled, An Act for Altering the time for Holding the Courts of General Sessions of the Peace, and Inferiour Court of Common Pleas within the County of Barnstable. Read and


Resolved, That the Bill do pass to be Enacted. Sent up.


An Engross'd Bill Intituled, An Act against Burglary. Read and


Resolved, That the Bill do pass to be Enacted. Sent up.


A Message sent up to the Board, Desiring them now to joyn with the House in the choice of a Treasurer, for the Province.


Ordered, That Mr. Denison, and Mr. William Paine, carry up the Votes of the House for a Treasurer, and assist in Sorting & Numbering them, with the Votes of the Board, and Report the choice.


The Votes of the House being prepared & collected, the Members afore-named carryed them up to the Board, and Returned that Mr. Jeremiah Allen was chosen Treasurer for the Year ensuing, by a Unanimous Vote of both Houses.


A Message sent up to the Board, That the House are now preparing their Votes for an Impost Officer, Desiring they will do the same.


The Votes of the House being prepared & collected, were sent up by Col. Win- throp and Mr. Denison. Who Return'd & Reported that Mr. Daniel Russell was chosen Impost Officer for the Year ensuing, by a major part of the Voters.


A Message sent up to the Board, That the House are now ready to proceed to the choice of an Attorney General, Desiring them to joyn in the choice of that Officer.


Voted, That the Line between this Province and the Colony of Rhode-Island, as by agreement between Commissioners, for both Governments met at Roxbury on January 19th 1710, II. and begun to be Investigated on the 23d of April follow- ing, according to said agreement from the Stake set up by - Woodward and Saffery, be finished. And the former Committee for this Province be Revived and fully Impowered, to perfect said Line, giving timely Notice to the Committee or Government of Rhode-Island of the time and place of their Meeting; and upon their Refusing or Neglecting, The Committee for this Province be directed to proceed & perfect the Line according to the aforesaid agreement now on Record.


Sent up for Concurrence.


Ordered, That a further Message be sent up to the Board, that the House are preparing their Votes, for an Attorney General, and Desire they would joyn with them in that choice.


The Members that carried up the said Message, Return'd answer, That the Council said they had been busied in other affairs, and had not yet considered of that Motion.


A Bill Intituled, An Act for the more safe keeping the Registry of Deeds, and Con- veyances of Lands. Read a first time.


A Bill Intituled, An Act in Addition to the Act for Regulating Fees. Read a Ist time.


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Post Meridiem.


The Accompts of Jeremiah Dummer Esq; Treasurer of the County of Suffolk, for the Years 1713. & 1714. Presented to the House. Read and Allowed.


Sent up for Concurrence.


The Accompts of Nathanael Paine Esq; Treasurer of the County of Bristol, of the Year 1713. & 1714. Presented to the House. Read and Allowed.


Sent up for Concurrence.


The Accompts of John Otis Esq; Treasurer of the County of Barnstable, of the last Year. Presented to the House. Read and Allowed. Sent up for Con- currence.


The Accompts of Daniel Russell Treasurer of the County of Middlesex, of the Years 1711, 1712, 1713. & 1714. Presented to the House. Read and Allowed. Sent up for Concurrence.


A Petition of Peter Roe, John Kent, James Younglove & Jacob Adams, jun. Se- lect- [ 26 ]men of the Town of Suffield, Shewing, That the Town are in great Con- fusion by reason of Differences about the choice of their Town Officers, as set forth in the Petition, praying Remedy from this Court. Sent down from the Board, pass'd upon there, viz. In Council June II. 1715. Read & Ordered, That the Justices of West Hampshire, appoint an extraordinary Session at Suffield, and Command a Town Meeting to be Summoned there; and upon Reading the Papers & Proof of the Allegations therein, That they Establish the Select-men chosen ac- cording to the usual Custom of the Town for Ten Years past, to proceed in the business of the Town for this Year: but that for the future they proceed accord- ing to the Direction of the Law.


Sent down for Concurrence.


Read and not Concurr'd, and


Ordered, That the Inhabitants of the Town of Suffield be Ordered to Meet the first Monday in July next, and then to chuse all Town Officers to Serve for the Remainder of the Year; and that the Select-men of the last Year be Directed & Impowered to give the Inhabitants Notice to Convene together according to the Order of this Court.


Sent up for Concurrence.


A Message from the Board, That they are still of Opinion, That the half of the Tax, Granted to be Levied this Session can't be Post-pon'd, since it is so Granted by an Act of this Court, under the Seal of the Province, and so return'd to White- hall ; and mov'd the House to proceed to Levy the whole Tax, except what Abate- ment may be made upon account of the Funds for drawing in the Bills, exceeding the Sum of the Bills out-standing.


The Petition of John Campbell, Deputy Post-Master General of New-England, praying as entered the 10th Currant, further considered, and the Report of the Committee thereon, which was accepted by the House, and accordingly,


Resolved, That the Sum of Twenty-five pounds three Shillings and three pence,


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be allowed and paid out of the Publick Treasury to Mr. John Campbell, in full of his Accompt of Postage of Publick Letters, to the 3 d Currant.


Sent up for Concurrence.


A Petition of Samuel Sewall in the Name & behalf of the Trustees, of Governour Hopkins his Legacy, presented to the House and Read, praying, That leave may be given to the said Trustees to Purchase of the Natick Indians, a certain Tract of Land belonging to them, called Maguncoog, which they would do with the said Legacy, Designing to commit the purchase-consideration to Trustees, to be Im- proved for the benefit of the said Indians, in their more regular Settlement, & civil Cohabitation, &c.


Committed.


The Plat of Five Hundred Acres of Land, laid out for Richard Hollingsworth's Grant, which was accepted & confirm'd the 4th day of last Novemb. & sent up to the Board for Concurrence: not being pass'd upon there, but mislaid & not to be found.


Another Plat of the same Dimensions, presented to the House, and the same Vote pass'd thereon as on the former, viz.


A Plat of Five Hundred Acres of Land laid out by William Ward Surveyor, offered by Mr. Samuel Prince for Confirmation.


Ordered, That the Plat on the other side be allowed and confirmed as the Five Hundred Acres of Land Granted by this Court to Richard Hollingsworth, Anno 1673. If that Grant has not been laid out aforesaid, and this Plat does not inter- fere with any prior Grant. Sent up for Concurrence.


Whereas this House have Credible Intelligence that His Excellency Col. Elizeus Burgess is Commissioned by His Majesty to be Governour of this His Majesty's Prov- ince, and may in a few Weeks be Expected to Arrive here.


Ordered, That Mr. Speaker, the Representatives of the Town of Boston, and Col. Thaxter, be a Committee to provide a suitable Place for His Excellency's present Reception, and Entertainment when he shall Arrive, and to Invite him thereto; and Compliment His Excellency in the Name of this House upon his safe Arrival. [ 27 ]


A Petition of Zebediah Wheeler, Richard Whitney, and Stephen Farr, in behalf of the Town of Stow, presented to the House and Read, praying this Court to give Order for the Running and Setling of the Line between the said Town & the Town of Concord, which the said Towns cannot agree in amongst themselves.


In answer to the said Petition.


Ordered, That Capt. Josiah Converse, Mr. John Sternes, and Mr. John Houghton, be a Committee to Investigate & Settle the Bound Marks between the Towns of Stow and Concord (if the said Towns do not agree therein themselves by the last Day of Novemb. next) and make Report to this Court of their doings, and of their Opinion by whom of Right the charge of the said Committee ought to be born.




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