USA > Massachusetts > Journals of the House of Representatives of Massachusetts > Part 5
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Sent up for Concurrence.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
.
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Journal of the House of Representatives
Mercurii 15 die Junit 1715.
A Proposal of his Honour the Lieut. Governour Tailer, Commander of His Majesty's Castle William, was presented to the House and Read, Moving that a Coat and pair of Breeches, of Fifteen Shillings value lying in the Publick Stores, may be given to each of the Inlisted Souldiers, at the said Castle, for Rea- sons therein Assigned.
Ordered, That the Allowance proposed by his Honour the Lieut. Governour of a Coat and pair of Breeches, to each One of the Inlisted Souldiers at Castle William be Granted. Sent up for Concurrence.
The Petition of Samuel Sewall, praying as entred Yesterday, Read again, and the Report of the Committee thereon, which was accepted by the House, & ac- cordingly,
Ordered, That the prayer of the Petition be Granted, the Pious Intention pro- posed therein being very acceptable to this Court. Sent up for Concurrence.
An Account of the several Dayes that each of the Honourable Gentlemen of the Council, gave their Attendance, to Exercise the Power of the Governour & Council, when the General Court was not Sitting, from the 10th Day of July 1701. to the IIth Day of June 1702. which was from the Death of Lieut. Governour Stoughton, to the Arrival of His Excellency Governour Dudley. Read and
Resolved, That Five Shillings per Day be Allowed and Paid out of the Publick Treasury for each Day the Gentlemen of the Honourable Council attended to Exercise the Power of the Governour and Council, as on the other side, to each One of them, (or such who legally Represent them) the Sum annexed to their Name; The whole Amounting to the Sum of Two Hundred Thirty-five Pounds and Five Shillings.
Sent up for Concurrence.
An Account of the several Dayes, that each of the Honourable Gentlemen of the Council, gave their Attendance, to Exercise the Governour & Councils Power, when the General Court was not Sitting, after the Expiration of Six Months, from the De- mise of Queen ANNE, till the Arrival of His Majesty's Proclamation for the Continu- ance of Officers, viz. from Feb. 4th. to March 21. 1714. Read and
Resolved, That Five Shillings per Day be Allowed and Paid out of the Publick Treasury for each Day the Gentlemen of the Honourable Council Attended to Exercise the Power of the Governour and Council, as on the other side, to each One of them (or such who legally Represent them) the Sum annexed to their Name; The whole Amounting to the Sum of Fifty Eight Pounds and Five Shillings.
Sent up for Concurrence.
The Bill Intituled, An Act for the more safe keeping the Registry of Deeds, and Conveyances of Lands. Read a 2d & a 3 time.
Resolved, That the Bill do pass to be Engross'd. Sent up for Concurrence. [ 28 ]
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A Plat of Three Hundred Acres of Land laid out by John Gardner Surveyor, under Oath, and the Chain-men under Oath, on June 7th 1715. being a Grant formerly made to Marshal General Mitchelson, presented to the House for Con- firmation.
Ordered, That the Plat on the other side be Allowed & Confirmed, as the Three Hundred Acres of Land formerly Granted to Marshal General Edward Mitchelson, provided it Intrench upon no prior Grant. Sent up for Concurrence.
A Plat of Three Hundred and Seventeen Acres, and Sixty Poles of Land taken by John Gardner Surveyor, and Chain-men under Oath, and offered as the re- maining Part of the Right of John Higginson Esq; (the whole being Four Hun- dred & Sixty Acres) presented to the House for Allowance.
And the following Vote pass'd thereon, viz.
This Plat being laid before the House and Inspected.
Ordered, That the Land therein Described and Platted, be Confirmed to the Honourable John Higginson Esq; Provided it Intrench upon no prior Grant. - Sent up for Concurrence.
Post Meridiem.
The Petition of John Whipple and Mathew Whipple, praying as entred the first Currant, upon which a Hearing has been this Session, sent down from the Board, pass'd upon there, viz. In Council June 14th 1715. Ordered, That the considera- tion of this Petition be deferr'd till next October Session; and that in the mean time the Petitioners make their Application to the Town of Ipswich, [for relief in the Premisses.] Sent down for Concurrence.
Read and Concurr'd with this amendment, viz. The words [for relief in the Premisses] to be left out, and the following words to be added, viz. And joyn with them in Settling the Partition Line between them; That a further consideration of this Petition may then be had.
A Message from the Board, That the Council have considered the Motion of this House to proceed to the choice of an Attorney General.
And do not see cause to agree to it.
Ordered, That Capt. Noyes, Mr. Cooke, Capt. Chambers, Capt. Cawley, Major Bradford, Mr. Samuel Clap, and Capt. Osgood, Go up to the Council, and Desire, If it may be that this House may know the reasons that Induce that Honourable Board to Refuse joyning with them in the choice of that Officer, which the House Esteem to be a Privilege belonging to this Court.
Who Return'd, That they had Delivered the Message but received no answer.
A Draught of a Letter from His Excellency the Governour in the Name of this Court, to the Governours of the Neighbouring Governments, Intimating the great Mischief that may probably accrue to these His Majesty's Provinces, by
38 Journal of the House of Representatives
permitting the Indian Captives from Carolina, to be Imported, and Sold amongst them; which is therefore by a Law strictly forbidden in this Province. Read & Approved, and sent up again with a Message, That His Excellency be desired to Write to the said Governours that some Persons may be appointed here to Ex- change the Torn and Unserviceable Bills of those Governments.
A Petition of William Spooner, Jabez Delano, and Caleb Blackwell, in behalf of themselves and Others the Inhabitants of the Town of Dartmouth, presented to the House and Read, praying that Twenty Pounds may be Allowed out of the Publick Treasury towards the Maintenance of their Minister for this Year, for Reasons therein alledged.
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 Town of Dart- mouth, for the Year ensuing. Sent up for Concurrence. [ 29 ]
A Message from the Board, Moving that the Salary for the Treasurer's Service the last Year be Granted; he being unwilling to be Sworn in order to the Service of another Year, until that is done.
A Petition of Henry Bridgham of Boston Guardian of Sarah, and Esther Mac- carty Daughters and Co-heirs of Florence Maccarty, late of Boston, deceas'd, In- testate, presented to the House and Read, praying, That he may be enabled to make Sale of the Real Estate Divided & Assigned to the said Minors, for Reasons therein alledged.
Committed.
Ordered, That the House now proceed to Apportion to the several Towns of the Province, the Sums they are to Pay in a Tax of the Eleven Thousand Pounds.
The House proceeded to Vote the Sum which each Town in the County of Suf- folk should pay in the Tax afore-mentioned, each Town being consider'd, and their Sum Voted separately, Opportunity being first. given to the respective Representatives to inform the House of the State and Circumstances of their Town, and wherein they differ from what they were the last Year.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Tobis 16 die Junii 1715.
T He House proceeded to Vote the Sum which each of the Towns in the Coun- ties of Essex, Middlesex, and Hampshire, should pay in a Tax of Eleven Thousand Pounds, in manner as aforesaid.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Deneris 17 die Junit 1715.
A Bill Intituled, An Act for Building and Maintaining a Light-house upon the Great Brewster, called Beacon Island, at the Entrance of the Harbour of
Boston. Read a first time.
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The Petition of Henry Bridgham, praying as entred the 15th Currant, further considered, and the Report of the Committee thereon, which was accepted by the House, and accordingly,
Ordered, That the prayer of the said Petition be Granted.
Sent up for Concurrence.
A Bill Intituled, An Act, in Addition to the Act for Granting unto His Majesty several Rates & Duties of Impost, and Tunnage of Shipping. Read a 3d time, and Resolved, That the Bill do pass to be Engross'd. Sent up for Concurrence. The House proceeded to Vote the Sum which each of the Towns in the Coun- ties of Plymouth, Barnstable, Bristol, York, Dukes County, and Nantucket, should Pay in a Tax of Eleven Thousand Pounds, in manner as afore expressed.
Post Meridiem.
A Message from the Board, That Mr. Speaker and the House do now come up to the Council Chamber, to attend the Hearing appointed this Day, upon the Petition of several Inhabitants of the Town of Wenham.
Which was forthwith done, and Mr. Speaker and the House return'd to their own Chamber.
A Petition of Wigglesworth Sweetser, and Ursilla his Wife of Boston, presented to the House and Read, praying, That a Surveyor may be appointed to lay out Three Hundred Acres of Land for them, which this Court allowed the last Year, to be their Right. [ 30 ]
Ordered, That the Petitioner may Imploy a skilful Surveyor with Chain-men under Oath, to lay out the said Three Hundred Acres of Land, and present a Plat thereof to this Court for confirmation. Sent up for Concurrence.
A Petition of Mr. James Taylor late Treasurer of this Province, praying, That the Sum of Eighty-Eight Pounds, Thirteen Shillings, and Four Pence, of the Province Bills, belonging to the Treasury, which were Stolen out of his House in the last Year of his Service in that Office, may be paid to him out of the Publick Treasury. Sent down from the Board: Read and Recommended.
Read & Debated. And the Question being put, Whether the prayer of the said Petition be Granted?
It pass'd in the Negative.
A Petition of Thomas Patch, &c. Select-men of the Town of Wenham, praying as entred the 10th Currant, upon which there has been a Hearing this Day. Sent down from the Board, pass'd upon there. viz. In Council June 17. 1715. John Ap- pleton, John Higginson, Thomas Noyes, Samuel Appleton, and John Burrill Esqrs; Justices of the Peace in the County of Essex, are appointed to hold a special Ses- sion, in the Town of Wenham, some time in the Month of July next. If the Parties are not agreed before, (giving Notice of their coming) to Hear and Determine the Matter in Controversy, contained in the Petition and Papers, and to make Report
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of their doings therein, to this Court the next Sessions; the Town to bear the charge. Sent down for Concurrence.
Read and Concurr'd, the Session to be some-time in September.
A Bill Intituled, An Act in Addition to the Act of Limitation, for Quieting Posses- sions. Read a first time.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Sabbati 18 Die Junit 1715.
A Petition of Ezekiel Bull of Rhode-Island, Shewing, That in an Action against Aaron Mellish, which he brought by Appeal before the Superior Court of Judicature lately holden at Bristol, he neglected to Seal his Reasons of Appeal, and there-upon his Action was dismist, and he is left without Remedy in the Law, and praying that a further Hearing may be Ordered to him. Sent down from the Board, pass'd upon there, viz. In Council, June 16th 1715. Read and Ordered, That a Hearing be had of the Action before the next Superiour Court to be holden at Bristol, the Petitioner to Serve the adverse Party with a Notification, so that he may have time to make his Defence.
Sent down for Concurrence. Read and Concurr'd.
The Bill Intituled, An Act for Building & Maintaining a Light-house upon the Great Brewster called Beacon Island, at the entrance of the Harbour of Boston. Read a 2d time.
The Bill Intituled, An Act in Addition to the Act for Granting several Rates and Duties of Impost, &c. Sent down from the Board with some Amendments, which were Read and Agreed to by the House: And the Bill sent up again.
The Bill Intituled, An Act in Addition to the Act of Limitation, for Quieting of Possessions. Read a second time; and a third time.
.Resolved, That the Bill do pass to be Engross'd. Sent up for Concurrence.
A Plat of Five Hundred Acres of Land laid out by John Chandler Surveyor, and One of the Chain-men under Oath, as the first half of One Thousand Acres of Land, Granted to John Pynchon Esq; deceas'd, Anno 1659. to be laid out in two Places, lying near the West Bounds of the Town of Brookfield, Presented to the House for Confirmation.
And the following Vote pass'd thereon. viz.
Ordered, That the Land Described and Platted on the other side, be Allowed and Confirmed as the first half of the Grant, made to John Pynchon Esq; deceas'd, Anno 1659. Provided it Intrench upon no prior Grant. Sent up for Concurrence. [ 31 ]
A Plat containing the Quantity of Eight Miles Square of Land, (Four Miles Square, belonging to the Indians of Hassanamisca being part thereof) Presented to the House for Allowance and Confirmation, by the Proprietors of the Township of Sutton. And the following Vote pass'd thereon. viz.
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Ordered, That the Land Described and Platted on the other side, be Allowed, and Confirmed to the Proprietors of the Township of Sutton. Provided it Intrench upon no former Grant. Sent up for Concurrence.
The Petition of Richard Coomes and Hephzibah his Wife, upon which there has been a Hearing this Session. Sent down from the Board, for this House to proceed upon first. Read and Committed, and
Ordered, That Mr. Cooke be joyned with the Committee for Petitions in the Consideration of the said Petition.
The Petition of Mary Cole, praying as entred the 7th Instant. Sent down from the Board, pass'd upon there, viz. In Council June 16. 1715. Read and Referr'd to the Superiour Court. Sent down for Concurrence. Read & Concurr'd.
Capt. Noyes from the Committee for Petitions, made Report on the Petition of Richard Coomes, which was accepted by the House, and accordingly,
Voted, That the Petitioners ought to have the Equity of Redemption, in as much as the Mortgage made to Florence Maccarty, by Joseph Newel the Father of the Petitioners, was not Recorded until April 7th 1714. by reason whereof they were Defeated of the benefit of An Act Intituled, An Act for Hearing and Deter- mining of Cases in Equity, Made and Pass'd in the Tenth of William the Third, Ec.
And that they be Impowered to file a Bill for their Right, or Equity of Redemp- tion in the next Court or Courts of Law, proper to hear the same.
Sent up for Concurrence.
The Bill Intituled, An Act in Addition to the Act for Erecting a Powder-house in Boston. Sent down from the Board Concurr'd, with some Amendments; to which they Desire the Concurrence of this House. Read & Concurr'd, and Sent up.
Ordered, That Mr. Cooke, Capt. Noyce, and Mr. Epps, Go up to the Council, and Acquaint them, That Whereas this House have pressingly moved that Honourable Board to joyn with them in the Election of an Attorney General ; which they had not seen cause to do. And Desired to be Informed of the Reasons that Inclin'd them to re- fuse joyning with the House in so great a Privilege ; but had not been favour'd with an answer to that their Desire. This House therefore being still desirous to do all that is proper for them to Preserve the Privilege of that choice: Purpose to Proceed thereto on Monday next, and Repeat their Motion to the Board to joyn with them in it.
The Petition of Jonathan Hastings, praying, as entred the 7th Currant. Sent down from the Board, pass'd on there, viz. In Council June 18. 1715.
Ordered, That a Hearing be had of the said Actions at the next Superiour Court to be holden at Cambridge, for the County of Middlesex; as though the same prop- erly lay before that Court by Appeal: The Petitioner to give the adverse Party timely Notice thereof. Sent down for Concurrence.
Read and Concurr'd.
42 Journal of the House of Representatives
A Message from the Board, Moving the House to bring forward the most neces- sary business of the Session, that the Court may Rise. And to Grant a Salary to the Treasurer, for his last Years Service: Who still declines being Sworn again to that Office, until it is done.
And then the House Adjourn'd till Monday next Three a Clock afternoon.[ 32 ]
Luna 20 die Junit 1715.
A
Petition of the Heirs of Mr. John Haynes of Sudbury, praying as entred the 2d Currant, further considered, and In Answer to the said Petition.
Ordered, That the Petitioners may take a Plat of the Land mention'd in their Petition by a Sworn Skilful Surveyor, and Chain-men under Oath, at their own charge, and lay it before this Court for confirmation.
Sent up for Concurrence.
A Petition of several Inhabitants of the Town of Freetown, presented to the House and Read, praying Assistance towards the Maintaining of a Ministry there.
Resolved, That the Sum of Twenty Pounds Allowed out of the Publick Treasury towards the Maintenance of the Ministry in the Town of Freetown the last Year, but not drawn out; they not being supplied with a Minister.
Be Allowed for that end in the Year Currant: provided they Procure, and En- tertain a Minister this Year. Sent up for Concurrence.
A Bill Intituled, An Act in Addition to the Act for Regulating Fees. Read a 2d time.
A Message sent to the Board, to Inquire whether His Excellency had consented to the whole of the Vote of this House, pass'd the 7th Currant, and Concurr'd too by the Board, relating to the Settling of the Eastern Parts of this Province, ex- cepting the clause concerning Casco Fort ?
Answer was return'd, That His Excellency said, He did consent to all but that of slighting Casco Fort.
The House prepared their Votes for an Attorney General; and sent them up to the Board by Capt. Noyes, Mr. Cooke, and Mr. Remington, with a Message De- firing the Council to joyn with the House in the choice of that Officer, and to ten- der their Votes to be told at the Board: But if they declin'd it, to Acquaint them, That this House could not foregoe their Privilege, and therefore should think it proper to Examine their own Votes: And Report the choice made by them.
The said Members return'd, That the Board said, They had come to no De- termination in the affair.
The House proceeded to Examine their Votes, and it was found that Thomas Newton Esq; was chosen by a major Part of the Voters.
And the Members last named went up again to the Board, and Reported the choice which was made.
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The following Vote sent down from the Board, viz. In Council June 20th 1715. Ordered, That the Honourable William Tailer Esq; Lieut. Governour, Wait Win- throp, Elisha Cooke, Elisha Hutchinson, Samuel Sewall, & Eliakim Hutchinson Esqrs. be a Committee, with such as the Representatives shall joyn with them, to take Order for a Place for the Reception of the Governour, upon his Arrival, which is speedily to be Expected. Sent down for Concurrence. Read.
And then the House Adjourn'd till to Morrow Morning Nine a clock.
Martis 21 die Junit 1715.
A List of the Sums which the several Towns of the Province are Voted to Pay, in the Tax of Eleven Thousand Pounds. Read and
Ordered, That the several Towns Pay the Sums respectively annexed to them, in the Subsequent List in the Tax to be Levyed this Session, and that a Bill be drawn accordingly. Sent up for Concurrence. [33 ]
The Bill Intituled, An Act for Building & Maintaining a Light-house upon the Great Brewster called Beacon Island, at the entrance of the Harbour of Boston.
Read a 3d time. and
Resolved, That the Bill do pass to be Engross'd. Sent up for Concurrence.
A Petition of Richard Peebody of Boxford Guardian to Oliver Peebody, a Minor, presented to the House and Read, praying, That he may be Impowered to make Sale of Sixty Acres of Land belonging to the said Minor, to raise Money necessary for his Education.
And the Question being put, Whether the prayer of the Petition be granted? It pass'd in the Negative.
A Bill Intituled, An Act in Addition to an Act for Regulating Fees.
Read a 3d time, and
Resolved, That the Bill do pass to be Engross'd. Sent up for Concurrence.
A Petition of Isaac Woono, and Joshua Shauton, Indians, Agents for Ketteticut, an Indian Town, praying, That the said Town may be ordered to lie to the County of Bristol. Be relieved from sundry Encroachments made upon them by the English; particularly, Mr. Mitchel. And have some further Powers granted to them necessary in their Township. Sent down from the Board, pass'd on there, viz. In Council June 18th 1715. Read 'and Referred to the next Sessions of this Court in October next; and that Mr. Mitchel and the Select-men of Bridgewater, be Notified thereof. Sent down for Concurrence.
The Vote of the Board sent down and entred Yesterday for a Committee to take Order for a Place for the Reception of the Governour, when he shall Arrive.
Read and
Non-Concurr'd, Inasmuch as Matters of charge ought to Originate in this House. And this House have a Week since, appointed a Committee to provide for
44 Journal of the House of Representatives
His Excellency's Reception, when he shall Arrive, who have already proceeded in the Affair. Sent up
A Petition of Simeon Stoddard, and One Hundred and Eighty-eight Others In- habitants of the Town of Boston, &c. Presented to the House and Read, praying this Court to provide a Medium of Exchange in Trade, for want whereof the Trade of this Province is almost ruin'd.
Ordered, That the Consideration of the said Petition be referr'd to the next Session.
A Message from His Excellency, That if the House have any thing of necessity to be done, they should bring it forward presently, for His Excellency had De- termin'd upon a short Prorogation.
The Bill Intituled, An Act for the more safe keeping the Registry of Deeds, and Conveyances of Lands. Sent down from the Board Concurr'd with some Amend- ments; which Amendments were Read, and agreed to by the House.
And the Bill sent up.
Ordered, That a Message be sent up to the Board by Capt. Noyes, Capt. Ful- ham, Major Bradford, Mr. Lothrop, Mr. Parsons, Capt. Osgood, and Capt. South- worth, that there are several Bills of Publick Importance and Benefit, that have some of them pass'd through both Houses; others that have had Readings in them, which the House are Desirous to Perfect before they are Prorogu'd. And that the said Members present and leave a List of them before His Excellency.
But as this Message was going up a Message came down from the Board, That Mr. Speaker and the House do now attend His Excellency in the Council Cham- ber.
The said Members went up with the afore-written Message, and particularly, Laid before His Excellency the great Importance of the Bills for Impost and Ex- cise. [ 34 ]
An Engross'd Bill Intituled, An Act for the better Preserving, Increasing and Securing Naval Stores ; Particularly, Tar, Turpentine, and Rozin, within this Prov- ince. Read, and
Resolved, That the Bill do pass to be Enacted.
Ordered, That Worcester Petition be referr'd to the next Session.
Mr. Speaker, and the House went up to the Council Chamber, and His Ex- cellency Prorogu'd the Court to Wednesday the 20th Day of July next, at Ten a Clock in the fore-noon.
T He Representatives returning to their own Chamber, and taking into Con- sideration His Excellency's Speech, directed to the Court, before he De- clared the Prorogation: - Importing, That it was almost a Month since the
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beginning of the sessions, and that they had done little or nothing for the good of the Province, and that the Houses were distempered, and therefore he should Raise them by a short Prorogation, hoping they would come together in a better Temper: - Did therefore Unanimously Agree and Conclude to Print their Journal of the present Sessions, and Desired the Representatives of Boston to take care that the same might be Seasonably done; and the Clerk to prepare a Copy accordingly.
BOSTON : Printed by B. Green. Sold by Samuel Gerrish at his Shop on the North side of King Street, near the Town House. 1715.
[35] Anno Regni Regis GEORGII nunc Magna Britannia, &c. Primo.
JOURNAL
Of the House of Representatives.
At a Great and General Court or Assembly of His Majesty's Province of the Massachusetts-Bay in pet-England, begun & held at MBoston, upon Wednesday the 25th Day of May, Anno Domini, 1715. And continued by Prorogation to Wednesday the 20th Day of fuly next after, and then Met.
M R. Speaker, sent up a Message to the Board, by Mr. John Sterns, That a Quorum of the House are met, and ready to proceed upon the busi- ness of the Session.
A Message from His Excellency by Thomas Hutchinson Esq; That Mr. Speaker and the whole House forthwith attend him in the Council Chamber.
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