USA > Massachusetts > Journals of the House of Representatives of Massachusetts > Part 8
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Sent up for Concurrence.
A Complaint of Nathanael Healy, and four others of the South Part of Newton, Shewing, That they are Assessed to the Support of the Ministry in the said Town, notwithstanding by an Order of this Court, they are annexed to the Western Pre- cinct in Roxbury. Sent down from the Board, pass'd on there, viz. In Council, July 30th. 1715. In Answer to this Petition. Voted, That the Vote and Advice of this Court, at their Session in May 1713. to the Town of Newton, to allow Six Families lying next to Roxbury to Attend the Worship of God at that Precinct, was and is a Possitive Order, to the said Town; to Dismiss the said Six Families, from them to Attend the Publick Worship of God at Roxbury; and accordingly they are Discharged from paying to the Ministers in Newton.
Sent down for Concurrence. Read and
Ordered, That the consideration of this Petition be referr'd to the next Session of this Court; and that in the mean time no Distress be made upon the Peti- tioners. Sent up for Concurrence.
A Message from the Board by Wait Winthrop, John Clark, & Thomas Fitch
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Esqrs. That the Board had not pass'd upon the Vote of this House, sent up Yes- terday, for Supply of the Treasury: His Excellency having intimated to them, That he could not consent to the clause therein relating to Casco Fort. And they left the said Vote to be further considered of.
The said Vote was sent up to the Board again by Mr. Cooke, and Mr. Reming- ton, with a Message, That the House is of Opinion, They can't abate the clause concerning Casco Fort, without the hazard of having both the Old Fort at Casco, and a New one at Pejepscut to be maintained.
The Vote of this House for Supply of the Treasury, sent down again from the Board, with a clause proposed in the room of that concerning Casco Fort. viz. And that the Treasurer send the Subsistence for the Garrison at Casco till the first Day of October next; not doubting of the Governours Direction to Draw off the Garrison at Casco so soon as the New Fort at Pejepscut be finished and ready to receive the Stores, and Soldiers now lodged at Casco Fort.
The Question being put, Whether the House agree to the said Amendment pro- pos'd by the Board ?
It pass'd in the Negative. Nemine Contradicente.
Ordered, That the House Adhere to their Vote. Sent up.
And then the House Adjourn'd till Monday next Three a Clock in the afternoon.
Luna I die Augusti 1715.
A Ddington Davenport Esq; Brought down from the Board some Letters advis- ing of the Return of the Vessels and Men, that were taken by the Cape Sables Indians, and inform'd the House there is no business lying before them. [50 ]
Mr. Cooke, Mr. Paine, and Capt. Fullam were sent up to the Board, to Inquire whether the Vote of this House, for Supplying the Treasury is Concurr'd. And to Acquaint them that this House have no business before them.
A Message from the Board by Andrew Belcher, Edward Bromfield, John Clark, Addington Davenport, Thomas Hutchinson, Thomas Oliver, and Edmund Quinsey Esqrs. That the Council could not Concurr with the Vote of this House for Supply of the Treasury, with that clause in it relating to Casco Fort; But that His Ex- cellency says, He is ready to remove the Stores from Casco Fort, to Brunswick, as soon as the Fort at Brunswick shall be fit to receive them, and will do it, if it lyes in his Power, when the Fort at Brunswick shall be ready: And they left the said Vote, whereon is entred, viz. In Council, August Ist. 1715.
Read and Non-Concurr'd.
The following Vote entred on the Vote for Supply of the Treasury, and sent up. viz.
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Voted, That it is the undoubted Right of this House to Appropriate their Grants.
And that the House are necessitated to adhere to this their Resolve, without abating the clause relating to Casco Fort, having Voted the Repairing of the Fort at Brunswick; which Vote is Concurr'd by the Honourable Board, and consented to by His Excellency.
A Petition of William Clap, and Fourteen other: Inhabitants of Cape Cod, Assigning reasons why they would not be annex' .: to the Town of Truro; and why they are without a Minister: and praying, That they may be made a Township, and assisted out of the Publick Treasury in Building a Me .ting-House, and Main- taining a Minister. Proposing that the Treasury may be reimburs'd by a Duty laid on the Fishery there. Sent down from th Board. Recommended. Ordered, That the Consideration of the said Petition be referr'd to the next Session.
Sent up for Concurrence by Capt. Chambers, and Mr. Moodey, with a Message that the House have no business before them, and desire to Rise.
A Message from the Board by Edmund Quinsey Esqr; That His Excellency
1 Directs the Speaker and the whole House to attend him forthwith in the Council Chamber.
Mr. Speaker, and the House went up accordingly; and His Excellency Pro- rogu'd the Court to Wednesday the 24th. Day of August Currant, at Ten a Clock in the forenoon.
BOSTON: Printed by 15. Green. 1715. [ 51 ]
3
Anno Regni Regis GEORGII nunc Magna Britannia, &c. Secundo.
JOURNAL
Of the House of
Representatives.
At a Great and General Court or Assembly of His Majesty's Province of the Massachusetts-Bay in Pein England, begun & held at Moston, upon Wednesday the 25th Day of Day, Anno Domini, 1715. And continued by Prorogation to Wednesday the 24th Day of August next after, and then Met.
A Number sufficient to constitute a House not appearing, the Members present agreed to meet again at Three a Clock in the afternoon.
Post Meridiem.
Mr. Speaker sent up a Message to the Board by Col. Thaxter, and Capt. Caw- ley. That a Quorum of the House are now met, and ready to proceed upon the Business of the Session.
A Message from His Excellency by Edmund Quincey Esq; That Mr. Speaker and the House forthwith attend him in the Council Chamber.
Mr. Speaker and the House accordingly went up to the Council Chamber, and His Excellency made a Speech to the Court, whereof Mr. Speaker obtain'd a Copy, and with the House return'd to their own Chamber.
His Excellency's Speech Read, and is as follows, viz.
I GENTLEMEN, Boston, August 24th. 1715. Should not have given You the Trouble of a Session at this time, but that I thought it necessary to give you the Opportunity to Provide for the Support of the Govern- ment in the hands of the Civil Officers, The Judges, the Treasurer and Others whd ought to be provided for, and have at no time been neglected, by the Assembly besides which it is necessary, to have some-thing in the Treasury for the Defreying of other Emergencies, that may require the same, This will not Demand more than a Day or Two to Resolve, and I am not willing, to enter into any other Affairs that may Detain you from your own business in the Country that is pressing at this time.
J. DUDLEY.
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A Motion being made, That the House will not proceed to make a Grant for Supply of the Treasury, without an Introduction thereto, to shew the reason of it's not being done afore, and to vindicate the House therein.
Which meeting with some Opposition.
The Question was put, Whether the House will proceed to make a Grant for supply of the Treasury, without such Introduction?
It pass'd in the Negative.
Ordered, That Mr. William Paine, Capt. Noyes and Mr. Remington, be a Com- mittee to prepare a draught of such Introduction and lay it before the House.
Which they did accordingly, and was Read and Accepted by the House, and pass'd together with a Resolve for a supply of the Treasury : As follows, viz. [ 52 ]
This House having on the 29th Day of July in their last Sessions; Voted, That the Sum of Four Thousand Pounds of the Bills of Publick Credit of this Province be Emitted by the Treasurer, for the Support of the Government, and for Payment of Grants, Salaries and Allowances, Made or to be made by this Court, &c. which said Vote was then Non-concurr'd by the Honourable Council. For Reviving therefore of the said Grant, and that this House may again shew their readiness to supply the Treasury.
Resolved, That the Treasurer be & hereby is Directed & Impowred, to Issue forth and Emit the Sum of Four thousand Pounds, of the Bills of Publick Credit of this Province, that are or shall be received into the Treasury; for payment of the Publick Debts of the Province already contracted; for the Defence & Support of the Government, and the necessary Protection, and Preservation of the In- habitants of this Province; and for the Subsisting of Forts, or Garrisons, and Wages arising for their Service: (But the Fort at Casco Bay for no longer time, than the first Day of October next;) for Payment of Grants, Salaries, and Allow- ances, Made or to be made by this Court, according to such Draughts as from time to time shall be made upon him, by Warrant or Order of the Governour, by and with the Advice and Consent of the Council: and the said Bills shall pass out of the Treasury at the value therein expressed, equivalent to Money; and shall be taken, and accepted in all Publick Payments at the Advance, and after the Rate of Five Pounds per Cent. more.
And as a Fund & Security for the same, There be, and hereby is Granted to His Most Excellent Majesty, to the ends and uses, as aforesaid, a Tax of Four thou- sand Pounds, to be levied on Polls and Estates both Real and Personal within this Province, according to such Rules, and in such Proportion, upon the several Towns and Districts within the same, as shall be agreed on, and ordered by the Great and General Court or Assembly of this Province, at their Session in May Anno 1722. And paid into the Treasury on or before the last Day of December next after.
Sent up for Concurrence.
70 Journal of the House of Representatives
The Vote of this House pass'd the 28th of July last, relating to the taking a Survey of the Western Frontiers, not having been then pass'd on by the Board, was sent for from thence, and Read, and
Ordered, That the said Vote be Revived, and Sent up for Concurrence.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Tobis 25 die Augustii 1715.
A Motion being made, That Provision be made in the Law to give certain and seasonable Notice to the several Members of this Court of the Proroga- tions thereof, that shall be made from time to time when this Court is not Sitting.
Ordered, That Mr. Cooke be desired to prepare a Draught of a Bill for that end, and lay it before the House at their next Session.
Post Meridiem.
The Committee of this House appointed the last Session to Treat with a Printer for the Imprinting the Votes of this House, made Report that Mr. Bartho. Green Printer, had offered to do the same, and all the other Printing di- rected by the Government, for the space of Seven Years next coming; and to furnish each Member of this Court, with a Copy of the said Votes, free of charge, on each Tuesday, Thursday and Saturday, of the several Sessions, during that Term, upon his being Allowed Thirty Pounds per Annum for his Service.
Ordered, That the said Proposal be Accepted. Sent up for Concurrence; with a Message to the Board, That this House have no business before them; and De- sire if there is any thing to come down, it may be sent as soon as may be. [ 53 ]
Ordered, That the Eastern half of the Thousand Acres of Land reserved to the Province in the Grant of the Township of Rutland, be, and hereby is Granted to John Burrill Esq; Speaker of this House, and his Heirs and Assigns for ever; in consideration of his long & good Service to this Province.
Sent up for Concurrence.
Ordered, That a Message be sent up to the Honourable Board, Requesting them to Meet in Council earlier, if it may be to give as speedy a Dispatch as pos- sible to the affairs of the Session.
Nathanael Paine Esq; brought down the Resolve of this House for the supply of the Treasury, Concurr'd in Council with an Amendment added to the clause therein relating to Casco Fort, viz. Provided the New Fort at Pejepscot, be then in a readiness to receive the Fifteen Men appointed by the Government, and the necessary Stores.
Read, And the Question being put, Whether the House agree to the said Amendment? It pass'd in the Negative.
Ordered, That the said Resolve of this House be Insisted on. Sent up by Capt.
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Journal of the House of Representatives
Noyes, Mr. William Paine, Col. Winthrop, Col. Thaxter, Mr. Epps, Capt. Cham- bers, and Mr. Cawley.
The said Resolve, sent down from the Board, pass'd upon, as follows, viz. In Council, Aug. 25. 1715. Resolved, That the Board do adhere to their former Amendment to the Vote of the Representatives, for that the Board are of Opin- ion the Fort at Pejepscot will not be in a readiness to receive the Men and Stores necessary for its Defence by the time limitted. Read.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Deneris 26 Die Augustit 1715.
T He last Vote of the Board upon the Resolve of this House for supplying the Treasury, Read again, and
Ordered, That Capt. Noyes, Capt. Fullam, Mr. Denison, Mr. William Paine, Mr. Remington, and Capt. Cawley, be a Committee, to Examine and Consider the Votes that have pass'd this Year between the Houses concerning the Forts at Casco Bay and Brunswick, and prepare the Draught of a Vote proper for the House to pass in answer to the said last Vote of the Board.
A Petition of Gershom Woodel of Tiverton, presented to the House & Read, shewing, That he is a weakly person, unable to sustain hard labour to procure a Livelihood, and is therefore desirous to obtain a Licence to keep a Tavern, which the Select-men of the said Town refuse to give their Approbation of, without rendring any reason for their Refusal. Praying, That the Justices of the Quarter Sessions may be enabled to License him, Notwithstanding he has not the Appro- bation of the Select-men, there being no Taverner in the said Town. Some Testi- monials of his Qualifications for such Licence were also Exhibited and Read.
It being Represented, That there is no Inn-holder in the Town of Tiverton, and that there is frequent Occasion for an Inn there, for the Entertainment of Trav- ellers, &c.
Ordered, That the Petitioner Serve the Select-men of Tiverton, with a Copy of this Petition, that they may shew reason to the Justices of the General Sessions of the Peace in the County of Bristol, at their next Session, if any they have, why the prayer thereof should not be Granted. And if they do not lay before them sufficient reason why it should not be granted: That then the said Justices be and hereby are Impowred to Grant a Licence as prayed for, without the Approbation of the said Select-men, If it appears to them that the Petitioner is a meet Person to be Licensed. Sent up for Concurrence.
The Vote last entred sent down again, Pass'd upon in Council, viz. Read and Concurr'd with the addition of any Law, Usage or Custom to the contrary not- withstanding. Sent down for Concurrence. Read and Concurr'd. And sent up. [ 54 ]
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Journal of the House of Representatives
A Plat of the Original Grant of the Township of Swampfield, and a Tract of Land adjoyned thereto Platted out therewith, which the Proprietors Desire may be added to the said Township; The Surveyor Thomas Hastings, and the Chain- men being under Oath; presented to the House for Allowance and Approbation. And the Question being put, Whether the said Tract of Land prayed for, being more than Eighteen Thousand Acres, be added to the said Township?
It pass'd in the Negative.
Ordered, That the Plat of the Original Grant of the said Town, being Nine Miles long and Four Miles Wide, be Allowed and Confirmed to the lawful Pro- prietors; Provided it interfere with no former Grants.
Sent up for Concurrence.
A Message from the Board by John Clark and Thomas Fitch Esqs; That they have no business before them, and if there is any to come from this House, they desire to have it quickly, for His Excellency is desirous soon to dismiss the Court.
The Committee appointed, brought in a Draught of a Vote, in answer to the last Vote of the Board on the Resolve for supply of the Treasury, which was Read and Pass'd by the House. viz.
This House having for sundry Years past represented, the Fort or Trading House at Casco Bay to be of no Service to His Majesty, either as a Barrier to our Frontiers, or Security to our Fishery, and particularly on the Seventh & Tenth Dayes of their Sessions in June last, in Concurrence with the Honourable Board, did offer to His Excellency as their Opinion, That it was for His Majesties Serv- ice, that the said Fort of Casco Bay, be slighted, and no longer continued, and that a Stone Fort near Pejepscot Falls, be repaired in stead thereof, as more convenient to cover the new intended Settlements of Brunswick, Topsham, &c. and to keep the Indians from their Fishery in case of another Rupture; and did further Vote, That no more money be drawn out of the Publick Treasury, for the Subsisting and paying any Officers or Souldiers, at the Fort of Casco after the First Day of September next; and Ordered a Copy of the Vote to be sent to Mr. Treasurer, for his future Direction, to which the Council did concur; and having on the Twenty eighth Day of July, Ordered the Sum of Five Hundred Pounds to be Issued out of the Treasury for repairing the said Fort at Pejepscot Falls (which Fort was built by Sir Edmund Andross as the best bridle to the Eastern Indians) And did Grant the Number of Fifteen Men as a Garrison for the said Fort, who are now the greatest part on the Place, to secure the Work-men in repairing and finishing the same, to receive the Stores from Casco, where they may be in greater Danger by the ruinous State of the Fort, than they will be at Pejepscot by the First of October; And the House thereon Resolved, That no more Money should be raised, for the Subsistence of the said Fort at Casco after the First Day of October next, and Asserted it, as their undoubted Right to Appropriate their Grants; which Resolve has been revived this Session; and as it is no Infringement on His Maj-
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Journal of the House of Representatives
esty's Honour or Service, but agreeable to the Charter, and a great Ease to His Majesty's Subjects. Therefore Resolved, That the House do adhere to their former Vote; and they think themselves bound in Duty to His Majesty and the People they Represent, so to do. Sent up.
Ordered, That the several Petitions referr'd to this Session, be continued, and referr'd to the next Fall Session.
Post Meridiem.
Ordered, That Col. Winthrop, and Mr. William Paine, be desired to Consult with the Treasurer what are the several Articles of the ordinary Charge of the Province annually, and make Report to this House at their next Session.
A Message sent up to the Board by Mr. Newman, and Mr. Partridge, That there is no business lying before the House, and if there be any to come from the Council they desire to receive it.
And then the House Adjourn'd till to Morrow Morning Nine a Clock. [ 55 ]
Sabbati 27 die Augustii 1715.
A Message sent up to the Board by Mr. William Paine, Col. Thaxter, and Capt. Cawley, To inquire whether the Council had Concurr'd to the Votes of this House Granting 500 Acres of Land to Mr. Speaker Burrill; and for the an- nual Printing proposed to be done for the Government. And to desire if there is any business to come from the Board, that it may be sent as soon as conveniently may be, the House having none before them. Who Return'd, That the Council said, the said Votes were now under their Consideration.
The Resolve of this House for supply of the Treasury, sent down from the Board with the following Vote, viz. In Council Aug. 27th. 1715. The Resolve of the House of Representatives of the 24th Currant being read, Concurr'd with, only extending the Limitation relating to Casco Fort, to the First of November next ensuing; And Ordered, That the Undertakers to build the Fort at Pejepscot, be directed with utmost Speed and Diligence to Proceed in that affair, and ac- complish the same by the time, so that it may be capable, to receive and entertain the Men and Stores proposed; and that if it be not possible to build and finish the said Fort according to the Order of this Court by the time, then what is wanting to be made up by Stockadoes, to Secure and make it defensible, until the Season will Allow the Stone-work to be finished. Sent down for Concurrence.
Read and Concurr'd.
Ordered, That a Message be sent up to the Board, Desiring that the Stores may be remov'd from Casco to Pejepscot Fort, as soon as the latter shall be ready to receive them, which is hop'd will be sooner than the First of November: Which
74 Journal of the House of Representatives
was carried up by Capt. Noyes, Mr. William Paine, and Mr. Epps, who return'd, That His Excellency said, He would do all that he had said concerning it.
A Motion being made that the House will now have the Consideration of mak- ing an Allowance to Mr. Agent Dummer, for his Service. After some Debate.
The Question being put, It pass'd in the Negative.
Ordered, That the Consideration of that Affair be Referred to the next Session.
A Message to His Excellency the Governour by Col. Winthrop and Capt. Noyes, That the House desire to be Inform'd, Whether his Excellency has Con- sented to the Resolve for supplying the Treasury, with the Amendments made to it; being willing to Proceed to Grant the usual Allowances, if the Treasury is en- abled to pay them. Who return'd answer, That His Excellency said, He should under-write it, before he went out of the Court.
A Message from the Board by John Clark and Thomas Fitch Esqrs; That the House would make Allowance for Mr. Secretary Addington's Service, the time he liv'd after his last Allowance was made.
And to Mr. Joseph Hiller for the time he has Serv'd as Clerk of the Council.
A Message to the Board by Capt. Fullam, and Mr. Knolton, That the House is ready to Grant the usual Allowances, as soon as they are Certified that His Ex- cellency has Sign'd the Resolve for Supplying the Treasury.
Who Return'd answer, That His Excellency said, He should not Sign it this Day, It not being customary for him to Sign the Votes of the Court before they were entred Fair in a Book: But that He would Sign it before any Money was drawn out of the Treasury.
A Message to the Board by Mr. William Paine, Capt. Noyes, and Col. Thaxter, That the House think it necessary, That all Acts and Votes of the Court should be Sign'd, and Perfected before the Session is ended. And that the Return of a Message from His Excellency this Day Inform'd the House, That His Excellency was pleas'd to say, He would under-write the Vote for supply of the Treasury be- fore he went out of the Court.
Who Return'd, That His Excellency said, It had hitherto been his Custom to Sign the Votes of the Court after they are entred Fair in a Book, and not in the Original Draught: And that he is not willing to alter it now. [ 56 ]
Post Meridiem.
Mr. Hiller brought down the Vote for Supplying the Treasury, Subscrib'd by His Excellency: viz. I Consent to this Grant. J. DUDLEY.
Ordered, That the Votes of this House in the present Session be Imprinted upon the foot of the Agreement with Mr. Green the Printer: And that the Representa- tives of Boston be desired to take the Care of having them Printed.
.
Journal of the House of Representatives 75
Resolved, That the Sum of Two Hundred and Fifty Pounds, be Allowed and Paid out of the Publick Treasury to His Excellency JOSEPH DUDLEY Esqr; Captain General, and Governour in Chief of this His Majesty's Province, for his Support in Managing the Affairs of the Government.
Sent up for Concurrence.
Resolved, That the Sum of Fifty Pounds, be Allowed and Paid out of the Pub- lick Treasury, to the Honourable William Tailer Esqr; in Consideration of his readiness at all times to Serve this Province. Sent up for Concurrence.
Resolved, That the Sum of Three Hundred Pounds, be Allowed and Paid out of the Publick Treasury, to the Honourable the Judges of the Superiour Court of Judicature, in Proportion to the Courts they attended the Year past.
Sent up for Concurrence.
Resolved, That the Sum of Forty Pounds, be added to the Allowance of the Reverend Mr. John Leverett, President of Harvard College, for the Year Currant beginning in January last, and Paid out of the Publick Treasury, in Considera- tion of the extraordinary Scarcity and Dearness of Provisions, and other Neces- saries of House-Keeping. Sent up for Concurrence.
Resolved, That the Sum of Two Hundred and Twenty-five Pounds, be Allowed and Paid out of the Publick Treasury, to Mr. Jeremiah Allen, Treasurer of this Province, for his Service the Year past, his Trouble being extraordinary in Changing the Bills of Credit, and taking care for the supply of the Garrisons.
Sent up for Concurrence.
Resolved, That the Sum of Twenty Pounds, be Allowed and Paid out of the Publick Treasury to Mr. John White Clerk of this House, in Part for his Service the Year Currant. Sent up for Concurrence.
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