ARCHIVES
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STATE mm PF mmm;
JUL 291956 '"'^^
&ATI. WQUbE, BOSJON
•^^r
'^<^
THE
ACTS AND RESOLYES,
PUBLIC AXD PRIVATE,
OF THE
Province of the MASSAOHUSEns Bat:
TO "WHICH ARE PREFIXED
THE CHARTEES OF THE PROVINCE.
•WITH
HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX.
Published under Chapter 87 op the Resolves op the General Court OP THE Commonwealth for the Year 1867.
Volume YII.,
BEING VOLUME II. OF THE APPENDIX.
containing
RESOLVES, ETC., 1692-1702.
BOSTON: WRIGHT & POTTER PRINTING CO., STATE PRINTERS,
18 Post Office Square. 1892.
ADVERTISEMET^T
The preface to the first volume of the appendix* (volume VI.), which will embrace all the private acts of the province from June, 1692, to October, 1780, will give the plan of aiTangement of the resolves in this collection, and the reasons for adopting it, and will explain the appearance of the present volume out of its order in the series.
A. S. ^HEELER, ' WM. C. WILLIAMSON,
A. C. GOODELL, Jr.,
.Commissioners. Boston, August, 1892.
* See Province Laws, vol. 1., preface, p. xxviii.
PROCLAMATION, ORDERS,
VOTES, RESOLVES,
ETC.,
Passed 1692—3.
m
LEGISLATIVE LIST
FOR
1692-3.
His Excellency SIR WILLIAM PHIPS, Knt.,
Captain-General and Governor-in-ciiief in and over the Province ok THE Massachusetts Bay in New England ; Lieutenant and Commander- in-chief OF THE MILITIA, FORCES, FORTS AND PLACES OF STRENGTH WITHIN the SEVERAL COLONIES OF CONNECTICUT, RhODE IsLAND AND PROVIDENCE
Plantation, the Narragansett Country or King's Province, ani> the Province op New Hampshire ; and Vice- Admiral within the Province and territory of Massachusetts Bay, and the sea parts belonging and adjoining thereto.
WILLIAM STOUGHTON, Esq.,
Lieutenant- or Deputy-Governor of the Province of the Massachusetts Bav, AND Deputy-Lieutenant of the militia within the whole territory and dominion of New England in America.
ISAAC ADDINGTON, Esq., secretary of the province.
COUNCILLORS OR ASSISTANTS.*
Of the inhabitants of, or proprietors of lands within the territory formerly called the Colony of the Massachusetts Bay: —
Simon Bradstreet, Esq., f James Russell, Esq.,
John Richards, Esq., Samuel SeWall, Esq.,
Nathaniel Saltonstall, Esq., Samuel Appleton, Esq.,
Wait Winthrop, Esq., Bartholomew Gedney, Esq.,
John Phillips, Esq., John Hathorne, Esq.
* For this year the Lieutenaut-Goveruor sat and acted with the Council as a member, ex officio : in subsequent years, he was regularly elected a councillor.
Though this distribution of the councillors is not expressly made in the charter, it is probable that they were selected to represent the several territorial divisions under which they are here grouped. Mason does not appear to have been a proprietor of land in New England at that time, but at a later date he was seized of lands in Massachusetts : Hutchinson thus accounts for his being appointed to the Council : " Mason was a merchant in London, a zealous man in the cause of New England, and I suppose his name was inserted in the charter from mere respect and gratitude, for he never came to New England." — Hist. Mass., ed. 1795, vol. 2, p. 21, note.
This last statement appears to be incorrect; for, in the notarial record of John Hay ward, of Boston, notary public, in the library of the New England Historic-Genealogical Society, is recorded a power of attorney to Mason from his brother John, in London, dated September 28, 1686, in which the former is described as of "Boston in New England, in parts beyond the seas, merchant." And see Whitman's History of the Ancient and Honorable Artillery Company.
The choice of two councillors at large though regularly made from ths beginning, was first recorded in 1701, — one councillor at large having been chosen the previous year. See resolve, 1700-1, chapter 1, note, post.
t Bradstreet did not take the qualifying oaths, and never sat in the Council.
[5]
6 Province Laws {Besolves, etc.). — Ud2-^. [Representatives.]
Elisha Hutchinson, Esq., Adam Winthrop, Esq.,
Robert Pike, Esq., Richard Middlecott, Esq.,
Jonathan Corwin, Esq., John Foster, Esq.,
John Joyliffe, Esq., Peter Sergeant, Esq.,
Joseph Lynde, Esq.
Of the inhabitants of, or proprietors of^ lands within the territory formerly called New Plymouth : —
Thomas Hinckley, Esq., * John Walley, Esq.,
William Bradford, P^sq., Barnabas Lothrop, Esq.
Of the inhabitants of, or proprietors of land within the territory formerly called Ihe Province of Maine : —
Samuel Hayman, Esq., Job Alcock, Esq.,
Samuel Donnell, Esq.
Of the inhabitants of or proprietors of land within the territory lying between the river of Sagadahoc and Nova Scotia : —
SiLVAXus Davis, Esq.
For the Province, at large : — Stephen Mason, Esq.*
REPRESENTATIVES or DEPUTIES.f
June. 8, 1692 to March 17, 1692-3.
Mr. WILLIAM BOND, Si'Eakior.
County of Plymouth. County of Vh\siovni — Concluded.
Plymouth, Mr. Ephraim Morton, Bridgewater, Mr. Davkl Perkins,
Mr. John Bradford. Mr Josiali Edson.
Marshfeld, Capt. Nathaniel Thomas, Middleborouyh, Mr. John Tomson,
Lieut. Isaac; Little. ]\Ir. Isaac Ilowland.
Duxbury, Mr. John Wadsworth, County of Essex.
Mr. Edward Southworth J ^^^^^^^ ^^p^ j^j^^^ Ilicr^nnson,
Scituaie, Mr. John Cushmg, Capt Samuel Gardner.
Mr. Samuel Clap.
* These persons did not take the qualifying oaths, and never sat in the Council.
t By the charter the freeholders atul inhaljitants of the several " townes or places " in the province vyere empowered to elect and depute two persons, and no more, to serve for and represent them, resiwct- ively, in the General Court; l)ut since, l.y the same instrument, the legislature was authorized to change thisiiumber, advantage was taken of this provision in subsequent years to vary the nunilier and proportion
of the deputies.
It has not been found practicable to ascertain how many or the elected deputies, if any, failed to attend ; Ijutit is certain that all those whose uames are in the above list appeared and subscribed the qualifying oaths at the beginning of the session except Rowland, of Middleborough ; Baker, of Topsfield ; Lane, of Maiden; Stevens, of Stow; Henchman, of Dunstable; Barnard, of. Deerfield; Thacher, of Yarmouth ; Rowley, of Succauesset; Allen, of Dartmouth; Winslow and Gardner, of Freetown; and Gayer, of Nan- tucket." Nothing has been discovered to show that either of the persons last named acted as representatives during the year.
In the lists as here printed the surnames of the representatives are generally speUed as tbey appear in the autograph signatures in the archives : the exceptions are noted.
t Abbreviated " Southw : " in the signature.
[Uei'uesentatives.J PiiOviNCE Laws {Jie.solves, elc). — 1(592-8.
County of Essex— Concluded. Lyrm, Capt. John Hurrill, jim ,
Lieut. J(j]in Fuller. Marblehead, Capt.Niitliaiiiel Norden,
Mr. John Browne. Beverly, Mr. Peter AVoodliery.
Wenhcim, Ensio;'n Walt(M- Fayerfiekl,
Mr. Tlioma.s Tateh.* Ipswich, Mr. Nehtiiniali Jewet,
]\Ir. William Goodhcw. jun. Manchester, Mr. Thomas Tewxbery. Gloucester, Mr. William Sargant,
Mr. William Stevens.f liowlty, Mr. Ezekiel Jewet,
Lieut. John Dresser. Boxford, Lieut. John Pebody,
I^ieut. Thomas Perley. Topsfield, Lieut. Thomas Baker %
Neiobury, Capt. Daniel Peirce,
Cai)t. Thomas Noyes. Lieut. Henry True, Mr. Jacob iNIorrill.
Salisbury,
Amesbury,
Haverhill,
Bradford,
Andover,
Capt. Thomas Harvey, Lieut. Thomas Sarsrent. Capt. George Browne, Ensign Samuel Hucthins.**
Mr. David Haseltine, Mr. John Tennie.
Capt. Dudley Bradstreet, Mr. John Erie.
County of Middlesex. Charlcsloion, Mr. Jacob (!reene, ]\Ir. Samuel Phipps.
Cambridge, Mr. Samuel Chamne, Mr. Thomas Oliver.
WatcrLown, l\Ir. William Bond,
Lieut. Benjamin Gearfield.
Maiden, ]Mr. Job Lane,
Mr. John Green.
Medford, Maj. Nathaniel Wade,
Lieut. Peter Tufts. Woburfi, Lieut. James Convers,
Mr. ]\Iathew Johnson. Reading, ]\lr. Nathaniel fioodwin,
Mr. Benjamin Fitch. Billeric'a, Capt. Ralph Hill, "*
Lieut. Joseph Tompson. Chelmsford, Mr. Cornel i us . WaUlo,
Mr. Nathaniel Hill. Concord, Mr. Jonathan Prescott,
|
County |
OF Vlnnn.v,iiEyi — Concluded. |
|
Sudbury, |
Capt. Thomas Browne, |
|
Capt. John (ioodcmow. |
|
|
Groton, |
Mr Nathaniel Lawrance,§ |
|
Mr. John Page. |
|
|
Stow, |
Mr. Thomas Stevens, |
|
Mr. Jabez; P>rowne. |
|
|
Dunstable, |
Mr. Jonathan Tyng, |
|
Maj. Thomas Henchman. |
|
|
Lancaster, |
Mr. John Moor, || |
|
jNIr. John Houghton. |
|
|
Marlborough, |
Mr. John Brigiiam, |
|
Mr. John Barns. |
|
|
Sherborn, |
Mr. John Death. |
|
Newton, |
Mr. Isaac Williams, |
|
Mr. John Ward. |
|
|
County of Suffolk. |
|
|
Boston, |
Capt. Penn Townsend, |
|
Capt. Theophilus Frary. |
|
|
Roxbury, |
Mr. William Denison, |
|
Capt. Samuel Kuggles.Tf |
|
|
Dorchester, |
Capt. Samuel Clap, |
|
Mr. Timothy Tilestone |
|
|
Milton, |
Capt. Thomas Vose, |
|
Lieut. Thomas Swift. |
|
|
Brainlrce, |
Maj. Edmund Quinsey, |
|
Mr. Alexander Marsh. |
|
|
Weyinouth, |
Capt. John Holbrooke, |
|
Mr. John Ptogers. |
|
|
Hingham, |
Lieut Jeremiah Beale, |
|
Mr. David Hobort.** |
|
|
Hull, |
Mr. John Loring. |
|
Dedham, |
INIr. Puchurd EUice, |
|
Mr. Thomas Metcalfe. |
|
|
Medfield, |
jNlr. Edward Adams, |
|
Mr. John Harding. |
|
|
Mendon, |
Capt. Josiah Chapin, |
|
Lieut Samuel Ptcad. |
|
|
Wrentham, |
Dea. Samuel Fisher, |
|
Mr. Cornelius Fisher. |
|
|
Woodstock, |
Mr. William Bartholomew |
Northampton,
Hadley,
Springfield,
Mr. Nathaniel Johnson.
County of Hampsiiiue.
Mr. Joseph Hawley, ]\Ir. ]\Iedad Pomry.
]\Ir. Timothy Nash, Mr. Daniel ^Lirsh.
Mr. John Holyoke, Cajit. Andrew Belcher.
]\Ir. Henry Woodis.
* Patch's term of service ended with the first session ; the town voting on the fifth of October, that Fairfield " attend the remainder of this session, and no other."
t " Stevries ", in the signature.
X Elected, but he does not appear to have taken the oath, and his name is not in the Secretary's list, See note to this name in 1693,;jos<.
^ The signature is doubtful ; it may be " Laurance."
II Or, possibly, " Moore."
t Ruggles died Aug. 1.'), 1692, having served twenty-two days.
** Sic.
8 -Province luAWS (Resolves, etc.). — lQ^2-d. [B.epresentatives.]
County op Hampshire — Concluded. Hatfield, Mr. Eleazer Fraiy,
Mr. Samuel Fartrigg*.
Wesijield, Mr. David Ashley,
Mr. Thomas Noble.
Deer/leld, Lieut. Jonathan Wells,
Mr. Joseph Barnard.
County of York.
York, Mr. Jeremiah Molton,
Mr. George Turf rey.
Eittery, Mr. James Emmerey,
• Mr. Benoni llodsdon.
Wells, Mr. Eliakim Hutchinson,
Mr, John Wheelwright.
Isles of Shoals, Mr. Roger Kelley,
Mr. William Lakeman.
County of Barnstable. Barnstable, Capt. John Goreham,
]\Ir. John Otis. Sandwich, Capt. Thomas Tupper,
Mr. Shearjashub Bourne.t
Yarmouth, Capt. John Thacher,
Mr. Jeremiah Howes, jun.
Succanesset, Mr. ISIoses Rowley. liochesler, Mr. Aaron Barlow,
Mr. John Hommond.*
County of Barnstable — Concluded. Eastham, Capt. Jonathan Sparrow,
Ensio:n Jonathan Ranges.
Manamoit, Mr. Nicholas Eldredg,*
Mr. AVilliam Mitchel.
Bristol,
Rehoboth,
Swanzey,
Taunton,
Dartmouth,
Freetown,
County of Bristol. INIr. John Saffin, Mr. Stephen Bui'ton. Mr. Christopher Sanders, Mr. Samuel Peck. Capt. John Brown, Mr. Samuel Newman. Capt. Thomas Leonard, Mr. Nathaniel Williams.
Mr. Joseph Tripp, Mr. Ebenezer Allen.
Mr. Job Winslow, Mr. Samuel Gardiner.J
Little Compton, ]\Ir Henry Head,§ Mr. Daniel Wilcok.§
Island of Capawok alias Martha's Vineyard.
Mr. Simon Athearn, Mr. Joseph Norton.
Island of Nantucket.
Capt. John Gardner, Mr. William Gayer.
SAMUEL PHIPPS, Clerk.
JAMES MAXWELL, Doorkeeper and Messenger.\\
* Sic. See this name m list of councillors, 1702, post.
t Or "Borne."
+ Possibl.v, " Gardner."
§ During the second sitting of the Court these representatives renounced their fealty to Massachusetts and recognized the jurisdiction of Rhodo Island. See resolve, chap. 11, jmst.
II Until the appointnicut oC Henry Emmes as messenger to the representatives, Feb. 23, 1693-4, Maxwell was the only oflicer in attendance upon the General Court and the Council.
PROCLAMATION, ORDERS AND VOTE
Passed at the Session begun and held at Boston, ON the Eighth day of June, A. D. 1692.
CHAPTER 1.
A PROCLAMATION APPOINTING THURSDAY, THE FOURTEENTH DAY OF JULY, 1692, AS A DAY OF SOLEMN THANKSGIVING.
At a great and Geuerall Court Assembled in the Province of y' Massachusetts Bay in New P^ngland —
It haueing pleased Ahnighty God in his Rich Mercy to p'serue y^ p'"sons of theire Ma"*"', and to Contiuuue peace witliin y*^ three King- domes As also to grant a Safe Arrivall to his Excellency Our Govern- our and y" Reverend m! Increase Mather, who haue Industriously P^ndeavourd the Service of this People, and haue brought over w"" them a Settlement of Goverment, in w'^'' theire Ma"'^' haue graciously given us distinguishing IMarks of theire ' Royall ffauour & goodness. It haueing likewise pleased God to vouchsafe a great measure of health, a'nd Comfortable hopes of a Harvest, to lay Restraints upon our Ene- mies and Signally to disappoint and defeat them in a late attaque upon the Eastern parts.
It is ordered^ that Thirdsday the fourteenth day of July next be kept as a Day of Solemn Thanksgiving unto God. For which end all Servile Labour on that Day is hereby Inhibited, and y*" Seuerall Ministers and Assemblys in this Province, are directed to pay y'' vows of praise unto that God that heareth prayers. [^Apjyroved June 18.
CHAPTER 2.
ORDER APPOINTING A COMMITTEE TO REGULATE THE SETTLEMENT OF BROOKFIELD, alias QUABOAG. {Approved June 18.
\_Printed toith resolves, order's, etc., relating to the establishment, etc., of towns, etc.~\
[9J
10 Province Laws (i?e6'0?ves e<c. ) . — 1692-3. [Chaps. 3-5. J
CHAPTER 3.
ORDER APPOINTING COMMITTEES TO AUDIT AND ADJUST THE AC- COUNTS OF THE LATE COLONIES OF MASSACHUSETTS AND PLYM- OUTH.
Ordered.
That James Russell and Joseph Lyncle Esq- m- James Taylor, m- Thomas Brattle, Captain Andrew IJelcher & m- Samuel Chamnee, be and hereby are Tmpowred a Committee to Audit and Adju.stall former Accompts of Debts Ovveing from the late Massachusetts Colony. And that John Walley and Barnabas Lathrop Ksq^ m' Isaac Little, Captain Thomas Leonard, Captain W'" Bassett, m- John Bradford & n\^ Sam- uel Sprague be and are alike Impowred a Committee to Audit and Adjust all former Accompts of Debt Oweing from the late Colony of New Plymouth unto the time of tlie arrival of his Ex*:-^ the Governo' The said several Committees to make their Report to this Court, at their next meeting that Consideration may be then had of proper meas- ures to be taken for the discharge and payment of the just debts of Each of s'-' Colony- respectiuely. And that the Accounts depending between the said two late Colonies of the Massachusetts and New Plymouth be adjusted and setled by the late Commissioners of ^said Colonies of the Massachusets & Barnabas Lothroi) & John AValley Esq" for Plimouth Colony [^Approved June 30.
CHAPTER 4.
ORDER REAPPOINTING THE COMMITTEE TO RECEIVE OF THE TREAS- URER AND TO DESTROY THE COLONIAL BILLS OF CREDIT.
Ordered y'Capt Joseph Lynde INF John Foster «fc Capt Sam" Ruggles Continue a Coinitte as formerly to take in & Rcceiue of y'^Treasurr those Bills of Credit that are brought into y'' Treasury and giue him receipt thereof, and to Cause them to be burnt, acccrding to a former act of Court — \^Approved July 1.
CHAPTER 5.
VOTE FOR REGULATING FEES. THE SECRET ARYS FFEES.
lb 8 d
A Pass or Sea Brief es & Scales . . . . . 00 . 0.5 0
Bill of health 00.05.0
Speciall AVarraut or IMittimus, by order of Gov' '-^ 1 nn n > Councill each * |UO.o:i.b
* After this item in the original draft of this vote the following entry was made and marked dele, as in the margin : — , X Every lycence for ordinarys, to be accounted for by the Clerlic of S'' ) oo 00 0
Ooui't ..... ........ \
[1st Sess.] Pkovincte Laws (liesolves etc.) . — 1(502-3.
11
COS. of )
ffor Comissious under the great Seale for places proffit .......
ffor CoiTiissions for Gcnerall oOicers
ffor Coinissioiis for field oflicers .
ffor other C'oinissions for officers .
ffor Bonds .........
P^very oath for one or more depositions taken before ) the Govo"" . . . . . . . • )
ffor Every order of Councill to the benefit of ,g)ticuler ) ■Ipsons . , . . . . , , . j
Petition to the Govo"" & Council, according to the Im- port, from — 2y(]'' to 10" —
Ingrossing acts, & Transcribing the acts of the assem- bh^ e:ich Thirty lynes, Conteyning Eight words in a line. D- or [)roportionabIe —
Comissions, for each County for the Justices
lb 00.
s d 10 0
00-0.3-0
00. 00.
02.00 01-0
00.05 0
00-10 -
CORONERS FFEES.
ffor taking Every Inquisition, to be paid out of the estate of the deceased . . . . . .
If noe Instate, then to be paid by the County Treasurer,
00 00
,13.4 ,0G:8
JUSTICES FFEES.
Every attachment or Sumons for actions not exceed- ) r,r, f\n n
• Ans r 00-00 6 mg 40' . . . . . . . . . j
Subpoina each witness . . . . . . 00.00.2
Entring the action . . . . . . . 00.03.0
Every Execution . . . . . . . 00.02.0
ffiling papers, each paper . . . . . . 00.00.2
Every Warrant for Criminalls . . . . . 00.01.0
Coppie of a Judgment . . . . . . . 00.00 6
Every Recognizance . . . . . . . 00.02.0
Confessing Judgment . . . . . . . 00.01 0
Affidavit out of Court 00.01 0
Each days attendance at the sessions to be paid out of ) nn n- r.
^.l r. '' '■ V 00.0;): 0 the fines ......... j
Bond for appeale . . . . . . . 00.01:0
Coppie of Evidences the least . . . . . 00.00.6
Taking an acknowlidgment of a deed . . . . 00.01.0
ffor Marriages 00.03 : 0
July : 2;' 1692. These Read in this house of Rep'sentatiues w"' those on .y^ Contrary side three times and
voted past in y" Affirmatiue & Sent to his Exellency y' Goirn"'' & Councill for Consent —
WiLLiAiM Bond Speaker
These Tiil:)lcs of ffeos Ijeing read Ijefore the Governor & Council are agreed, and con- sented unto.
July. 2'i 1692. William Phip.s
12 Pkovince Laws {Resolves etc.) . — 1692-3. [Chap. (>.]
CHAPTER 6.
AN ORDER FOR PRINTING AND DISTRIBUTING THE ACTS PASSED BY
THE GENERAL ASSEMBLY.
Ordered by his Excellency the Governo"" Councill and Rei/sentatiucs Convened in Generall Assembly That all those Acts that haue been made and passed by this Generall Court or Assembly Since y*^ Sessions thereof be forthw"' Printed for y*" Information of y^ Province, and y' Each Town haue one of y* same \_Approved July 2.
[3d Sess.J PuoviNCE Laws {liesolves etc.). — 1692-3. 13
ORDER
Passed at the Session begun and held at Boston, ON THE Eighth day of February, A.D. 1692-3.
CHAPTER 7.
ORDER FOR ALLOWING DEMURRAGE TO THE OWNERS OF THE SHIP WALTER AND THOMAS IF DETAINED FOR THE PUBLIC SERVICE.
*
Upon reading the petition of Jeremiah Tay, master of the ship Walter and Thomas, bound for London, in behalf of himself and owners of said ship, therein setting forth that the said ship is now in all respects ready to prosecute her intended voyage, praying that he may be allowed demorage for so long a time as she shall be detained on the public account, —
Ordered^ That the petitioner have his clearings on Monday next, the 13'*^ of February currant ; if, otherwise, the said ship be detained after that day, for want thereof, that he be paid thirty shillings pe?* diem demorage, to the use of the owners. [^Approved February 9, 1692-3.
14 Province Laws (7?e6-o^ves e^c.). — IG'J 2-3. [Chaps. 8-10.]
RESOLVES, ORDER, VOTE, ETC.
PA.SSKD AT THE SkSSION BEGUN AND HEED AT BoSTON ON THE SECOiND DAY OF MaRCH, A. D. 1692-3.
CIIAPTEK 8.*
RESOLVE FOR INVITING INCREASE MATHER TO PREACH THE FIRST
ELECTION SERMON.
Resolved and agreed, l)y his ex'"-''- and council, tliat the rev'' M'- Increase Mather be desired to preach a sermon unto the general asseml)ly, at their nieetinjj; on the last Wednesday in May next, and that John Kichards and thtit Samuel Sewall Esq"- acquaint him here- with. \_Passed March 3, 1602-3.
CHAPTER 9.
RESOLVE FOR FITTING OUT A VESSEL TO CRUISE IN MARTHA'S VINE- YARD SOUND, FOR THE SECURITY OF COASTING VESSELS. [Passed March 7, 1002-3.
[^Printed in the note f to the act of December 11, 1693.']
CHAPTER 10.
AGREEMENT + BETWEEN THE COUNCIL AND REPRESENTATIVES AS TQ PROCEEDINGS IN THE ANNUAL CHOICE OF COUNCILLORS.
Whereas by theire ]Maj'l>'i Royall Charter it is granted ELstablished «& ordained that yearly, once in every year, on y'' Last Wedeusday of
* Thoiiiili this resolve was liy the Governor and Council alone, it was communicated to the Ilouse.'and the whole Assembly attended to hear the sermon. This approval by the representatives seemed to requn-e that it be made an exception to the rule excluding from this collection all matters not jointly or concurrently voted upon. See resolves of 1693, chap. 1, jiost.
t In the note referred to, this resolve is described as passed by the Governor and Council, but as this is only a supposition the resolve is here included with the acts of the whole Assembly, nothing appearing on the record to render this conclusion improbable.
+ This peculiar piece of legislation does not appear to have received the Governor's eignature, although it was evidently drawn with that intention. Possibly it was finally
[4Tn Sess.J Province Laws {Resolves etc.). — 1092-3. ' 15
May, the number of Twenty Eight Councello''s, or Assistants Shall be by y* Generall Court or Assembly newly Chosen, that is to Say, Eighteen at least of the Inhabitants of or proprieto'^s of Land within y" Territory formerly Called the Colony of y" Massachusetts Bay, And four at y'' least of y" Inhabitants of or proprieto''s of Lands witliin the Territory Called New Plimouth, and Three at y" least of y*" Inhabitants of, or proprieto''s of Lands within y'' Territory formerly Called y" Prov- ince of Maine, and one at y" least of y" Inhabitants of or proprieto''s of Land witliin y*' Territory lying between y° River Sagadahock and Nova Scotia It is Concluded and agreed, by y** Gouerno"' Councill & Assembly that the Election be made as followeth, That there be a nom- ination of Twenty Eight p'"sons for y° Inhabitants &c. of y" Massachu- setts Colony by votes put in distinct papers, all in one List Clearly distinguished, and no man Shall put in aboue one vote for one p''son. And y'' like nomination of Seven p'"sons for y" Inhabitants of New Plim- outh. And 3'" like nomination of six p'sons for y" Province of Maine, and four for 3'" Inhabitants &c. lying between Sagadahock & Nova Scotia {ayid all Lists that JUxceed y numbers aforesaid, or haue one mans name more then once Shall be throion away*), those votes to be gathered by y* Rep''sentatiues in theire house, and by y'' Gouerno'' and Councill by them Selues, and all mixt on y* Councill Table. And there Sorted by p''sons appointed thereunto by y^ Generall Assembly, the first votes to be gathered Shall be y® 28 p"'sons for y** Massachusetts, who Shall be put to vote the Election to be made by papers, and those Eighteen y' haue most votes are to be Councello''s or Assistants, for y^ year Ensueing, & untill others be Chosen in theire stead, and y'^ like for Plimouth y" Province of Maine and Sagadahock, All w"''' Elected p''sons are to be layd before his Excellency, the Gouerno"" for his Appro- bation— {^Agreed to by both branches March 11, 1692-3.
CHAPTER 11.
ORDER FOR REDUCING THE LIMITS OF LITTLE COMPTON, AND FOR CONFIRMING THE GRANT OF TOWN PRIVILEGES THERE, AND FOR REGULATING THE CHOICE OF CONSTABLES, ETC., IN PUNCATEESE, NUNAQUAKET AND POC ASSET. [Apprwed March 13, 1692-3.
[^Printed loith resolves, orders, etc.^ relating to the establishment^ etc.. of towns, etc.']
treated as a matter of parliamentary regulation between the two branches which did not require the consent of the executive ; for it seems to have established the rule ever after fol- lowed, and the minute concerning it in the records of the General Court is, " A conference was had and agreement with the representatives al)out the method of proceeding for election of councellors or assistants." — Vol. VI., p. 275.
* In the original, this clause in parentheses and Italics, is drawn through or underscored with a pen ; but whether this was intended for emphasis or for cancellation is doubtful.
16 Province Laws (Resolves etc.) . — 1692-3. [Chap. 12.]
CHAPTER 12.
VOTE* FOR ALLOWING FOUR SHILLINGS PER DIEM TO THE COMMIS- SIONERS APPOINTED UNDER THE ACT OF DECEMBER 15, 1692, FOR REGULATING A FORMER ASSESSMENT, ETC.
The Hono'''' Gen" Co''te Haveing appointed Severall County Corais- sion''s to pass into y" Severall Towns to Reveivef & bring in y^ Lists of the Severall Towns The s^ Coraittees haveing Expended tyme & Costs propose to y* Hono''ed Co'te that they may be allowed Out of the publique Treasurie y^ Severall Sums affixed to y^ Severall p'sons that have attended y* s*^ betrustment for y^ Beareing theire charges & tyme P^xpeuded thereupon as ffolloweth
c;nffr,ii' I ^^P' ^^^ Townsend 10 days at 4' ^ ounoiK ^ ^, ^jj^^^ . Tilestone 10 days at 4» W
p I Cap' Sam" Gardner 14 days at 4« ^
-^ssex ^ j^, jjgj^g . jg^g^-t j4 (Jays at 4« ^
MMloooY I majo'' The Hinchraan 21 days at 4' ^ ivnaiesex ^ ^, Mathew Johnson 21 days at 4" ^
p,. „„, .1 } Cap' Xath' Thomas 14 dayes at 4' 4f rinnoucn ^ ^, g^^^^,, ^j^^^^ ^^ ^^^^^ ^^ ^, ^
Barnstable I ^^P* '^^'^ = ^^PP^^" ^^ ^^^^^^ ^* *' "^
-r>_:„i.-ii ? Cap' John Brown 16 days at 4' ^' linstou ^ ^, g^j^i, p^pj. jg ^.^yg ,^^ ^, _^
Hamoshire ^ °^' Joseph Hawley 18 days at 4" #» nampsmre^ Sam" Partrigg 18 days at 4« <^
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£ |
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d |
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02 |
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00 |
00 |
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02 |
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00 |
00 |
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16 |
00 |
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H |
16 |
00 |
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04 |
00 |
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04 |
51 |
04 |
00 |
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02 |
11 |
16- |
00 |
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02 |
11 |
16 |
00 |
|
|
03 |
11 |
12 |
00 |
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03 |
1) |
12 |
00 |
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03 |
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04 |
00 |
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12 |
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44 : 8 : 0
March 8"* 169| The aboves^ bill was Orderly reade in y* house of Rep''sentatives & voted in y'' affirmative alloweing 4' W day to y* persons abovenamed o^ Hono"* Govern"^ & Counsell Consenting thereto —
Voted in Council, to be paid by the respective Countys. \_Approved March 17, 1692-3.
* Owing to the peculiar form of the entry of this vote in the records of the Council, and " the ingenious disorder " of the state archives, which were difficult of access and without a comiilete index when tlie first volume of this edition of the province laws was being com- piled, the original of this "bill" was not discovered, and it was supposed, at that time, to be an act the engrossment of which was lost. See vol. I., p. 787.
The compensation claimed by the commissioners was five shillings per diem. This was reduced to four shillings, by the Assembly, and the items in the bill (at the foot of which the above vote was minuted) were altered accordingly.
t Sic.
VOTES AND ORDERS,
Passed 1693.
[17]
4
LEGISLATIVE LIST
FOR
1693.
His Excellency SIR WILLIAM PIIIPS, Knt.,
Captain-Genkral and Governor- in-chief, etc.*
WILLIAM STOUGHTON, Esq., Lieutenant- or Deputy-Governor, etc.*
ISAAC ADDINGTON, Esq.,
SECRETARY of the PROVINCE.
COUNCILLORS OR ASSISTANTS.!
Of the inhabitants of^ or proprietors of, lands toithin the territory formerly called the Colony of the Massachusetts Bay : —
William Stougiiton, Esq., Daniel Peirce, Esq.,j
Thomas Danforth, Esq., John Hathorne, Esq.,
John Pynchon, Esq., Elisha Hutchinson, Esq.,
John Richards, Esq., Samuel Sewall, Esq.,
Nathaniel Saltonstall, Esq., Isaac Addington, Esq.,
Wait Winthrop, Esq., William Browne, Esq.,
James Russell, Esq., John Phillips, Esq.,
Bartholomew Gedney, Esq., Jonathan Corwin, Esq.,
Robert Pike, Esq., John Foster, Esq.,
Peter Sergeant, Esq.
Of the inhabitants of, or proprietors of lands within the territory formerly called New Plymouth : —
William Bradford, Esq., Barnabas Lothrop, Esq.,
John Walley, Esq., Nathaniel Thomas, Esq.,
John Saffin, Esq.
Of the inhabitants of or proprietors of land toithin the territory formerly called the Province of Maine: —
Francis Hooke, Esq., Charles Frost, Esq.,
Samuel Donnell, Esq.
Of the inhabitants of or proprietors of land within the territory lying between the
river of Sagadahoc and Nova Scotia : —
SiLVANDS Davis, Esq.
* For the full title see p. 5, ante.
t In each of the lists of councillors which follow, until the year 1700, two councillors were chosen at large, but are not so described in the record. See resolve, 1700-1, chapter 1, note, ;;osC. X Chosen June 2, in place of Elisha Cooke, who had been negatived by the Governor.
[19]
20
Province Laws {Resolves, etc.). — 1093. [Rkpiiesentatives.]
REI'RESKNTATIVES on DEPUTIES.*
May 31, to July 15, 1693.
Mil. WILLIAM BOND, Spkakkr.
County ov Suffolk.
Boston, Mr. .lames Taylor,
('apt. Ponn Townsonfl,
Mr. -lolin Eyre,
Capt. Theophilu.s Prary.
Roxbury, Mr. William Dc^nison,
Capt. Thoma.s Dudley.
Dorchester, Mr. Enoch Wizell.f
Milton, Mr. Ceorge Sumner.
Braintrcc, ]\Ir. John Paxtisr.
Weymouth, ("apt. John Holbrooke.
Ilingham, I\fr. Nathaniel Beale.
Dedham, Capt. Timothy Dwight.
Mendon, Mr. Timothy Wintm*.
Wrenthnm, Mr. Sanuicl Pisher.
Oxford, T\Ir. Daniel Allin.
Medfield, Mr. John Harding.
County of E.sse.k.
Salem, Mr. r>cnjaniin lirowne,
Mr. William Hirst.
Mai'blehead, Cai)t. John Legg.
Lynn, Mr. John IJurrill, jun.J
Beverly, Capt. John Dodg §
Gloucester, Deaeon Jame.s Stevcnes.^
Uoniley, ('apt. Jo.suijh P.oynton.
Neruhnry, Capt. Tiiomas Noyos.
Salisbury, Lieut. John Allin.
Amcsbury, Mr. Thomas Stevens. ||
Tojisficld, Mr. Tliomas P.akerr**
Andovcr, Mr. C^hristopher (^.sgood.
Haverhill, Mr. Daniel Lad.f f
Bradford, Mr. John Tennie.Jf
fpsivich, Mr. Nchemiah Je\vet,55§
Sergeant Thomas Hart.
* By the act " for asecrtainini; tlic iiumlicr and rcsulatiiii; tlie House of Rcpre.'scntativcs ", passed Nov. .30, 1G9'2 (cliaptcr 38), cvciy town in the province, containing "forty freeholders and other inhabitants (inalificd by charter to elect", was required to choose and send one representative to the General Court; and when the electors numbered one hundred and twenty, or more, the town was allowed two representa- tives. Towns continuing thirty or more electors, but less than forty, were "at lil)erty to send one, or not"; and all towns containing less than thirty electors, were authorized to send one representative of the town, or to "join with the next town in the choice of their representatives, thcj' paying a proportionable part of the charge." No town, however, was permitted to send more than two representatives, except Boston, which had the privilege of choosing and sending four. This accounts for the sudden decrease in the num- ber of representative.^ chosen this year.
It will have Ijeen noticed that the towns represented in 1602-3 were arranged in the order of their resiwc- tive dates of settlement. This was in imitation of the rule established by Massachusetts before the union of the colonics under the province ch.arter. In the year 1G93, however, a new order of precedence was ado))tcd, which was adhered to with occasi(mal variaiions until superseded by the present alphalKJtical system. By this new rule SulTolk (^ounty took the lead, instead of Plymouth ; then Essex and Middlesex followed, Ijeforo Plymouth. After Plymouth, came the remaining coimties of the Massachusetts Colony — Hampshire and York, followed by Barnstalile and Bristol, which had been part of the colony of New Plymouth. Nantucket completed the list.
t Written" Wiswall " by other members of the family.
X " Junior", in the town records; but this addition does not appear in his signature to the oaths nor in the Secretary's list.
§ Sic.
H According to the town records; and he subscribed the qualifying oaths. But, evidently through a clerical error, " Mr. .Tames Davis," is given in the legislative records.
II Stevens took the qualifying oaths, Jidy G, 1G93. The clerk by mistake entered his name in the certifi- cate, " Thomas Death." His election appears in the town records but his name is not in the Secretary's list.
** The town records show that. May 24, 1693, Capt. John Gotdd and Lieut. Thomas Baker were elected representatives, "to take turns, as they agree." Gould did not qualify. See, post, 1696, p. 10-1, note to James Convers, representative from Woburn.
ft Lad made his mark this year ; but signed in 1691.
IX lljis name appears among the representatives who subscribed the qtialifying oaths, Julj' 6, 1693. The town records are imperfect at this date and do not show his election, and his name is omitted from the Secretary's list.
§^ Jewet was not sworn until July 6 ; and hence, probably, he appears second in the Secretary's list; but he stands first, on the town records.
[Repkesentatives.] Pkovince Laws (liesolvefi, etc.). — 1693.
21
County ok Middleskx.
Charlcstown,
Maiden,
Cumhrkhjc,
Newton,
Watertown,
Sudbury,
Marlboroiujh,
Ldnrjister,
Cow'ord,
Chehn.sjbrd,
Dunstable,
Reading,
Woburn,.
Dillerica,
Shcrborn,
(.'apt. Itichurtl S2)raguo.
Cupt John Gnion.
I\Ir. 'i'lionias Oliver.
]\Iv. John Ward.
i\Ir. AVilliam Bond, ('apt. Uenjaniin (icarlicl
('apt. Thomas Browne, Capt. John Goodonow.
I\Ir. Aljraham Williams j\Ir. John Iloug'hton. Mr. Jcjiiathan rrescott. Mr. Cornelius Waldo. ]\Ir. Franeis Foxeroi't. Capt. John Browne. Mr. Samuel Blogget.* Capt. Ralph Hill. Ml-. John Death.
(JouNTY OF Plymouth.
Scituate, Bridgewatcr, riijmouth, Maishfield,
Mr. Benjamin Stetson. Mr. Samuel Allen. ]\Ir. John Nelson. Mr. Isaac Little.
County i)v JIamp.siiikk. Sjrnng/leld, Mr. Jjenjarain Davis. f (.'ai)t. Aaron Cooke. Mr. Jose2>h Parsons. Ensign Eleazer Frary. Mr. Samuel Root. C^apt. George Norton.
County of Yokk.
Mr. James Emmerey.J
County of BAi:N.srAi;r.K.
fladlcy,
Northam]>ton,
Ilatjleld,
Westficld,
Suffield,
Killer y.
Yarmouth,
Bar7istable,
Easlhara,
Bristol,
Sivanzey, Eehoboth, Taunton, Freetown,
Capt. John Thaeher.§ Mr. John Otis. Mr. John Doane, senior.^ Thomas Hinckley, Esq.||
County of Bkistol.
(Japt. Nathaniel Byfield. Mr. Ebenezer Brenton. Mr. Samuel Peck. Mr. Thomas Leonard. Mr. Jahleel Brenton.
Island of Nantucket. C!apt. John Gardner.
Unknown.
Sampson Slieafe.** Henry Dering.**
SAMPSON SHEAFE,tt\ IIENKY DERING, ] Clerks.
JAMES MAXWELL, Doorkeeper and Messefiyer.
* Sic.
■\ Major Joliu Pyncbon, repi'useiitative from Springfield, was elected to the Council, and was succeeded hy Davis, who was an inhabitant of Boston.
X This signature seems to be followed by a capita! S: possilily an al>breviation of "senior."
^ Written erroneously " Jo» Thatcher" in the Secretary's recoi'ds.
H " Senior", in the town records, but not so signed, or entered by the Secretary.
II Hinckley, who was an inhabitant of Barnstable, subscribed the oaths, etc., but what town he repre- sented does not appear.
** He took and subscribed the oaths, etc., and appears to have been a member, but the town he repre- sented has not been ascertained.
tt Sheafe appears to have acted only at the organization of the House, May 31. Bering is the only clerk paid for that year, and he certifies as clerk, June 1 and 2.
VOTES AND ORDERS
Passed at the Session begun and held at Boston,
ON THE THHrrY-KHiST DAY OF MaY, A. D. 1693.
CHAPTER 1.
VOTE OF THE COUNCIL APPOINTING A COMMITTEE TO THANK INCREASE MATHER EOR HIS ELECTION SERMON.*
Voted, That John Richards, Elisha Hutchinson, Sara"" Sewall and John Foster, Esq", do, in the name of his excellency and councill, return thanks to the reverend M""- Increase Mather for his sermon preached to this general assembly. \^Approved June 6.
CHAPTER 2.
ORDER FOR ALLOWING ONE HUNDRED POUNDS TO THE TOWN OF GLOUCESTER, ON ACCOUNT OF OVER-ASSESSMENT IN 1692.
The Petition of The Town of Gloster being Read wherein they eomplaine that the Inhabitants of their Town are oner Rated £170 : In their proportion in the Assesm- of £oOOOO : granted last yeare — And their Acco'^ being Examined it is thereon found that they haue under vallued their lands about £30: — And also Omitted about £40: — y' they were doomed — So that there will be due to them one hundred Pounds — Which one hundred Pound is hereby
Ordered, That they slialbe Allowed by the Treasurer for the time being, when they shall be next Rated, or Assesed in Generall Assesm? of this Province that shall be hereafter granted. [^Approved June 14.
CHAPTER 3.
VOTE FOR GRANTING A HEARING ON THE PETITIONS OF THE INHABI- TANTS OF IPSWICH FARMS AND THE TOWN OF TOPSFIELD PRAYING THAT THE FORMER MAY BE JOINED TO THE LATTER IN THE SUP- PORT OF THE MINISTRY, AS FORMERLY; AND FOR NOTIFYING THE SELECTMEN OF IPSWICH THEREOF. [PassedJune 17.
^Printed with resolves, orders, etc., relating, to the establishment, etc., of towns, etc.^
* See note to resolve, chap, 8, 1692-3, ante. This was a vote of the Council in behalf of the General Assembly.
[23]
24 Froyinck LiAWS (Besolves elc). — 1693. [Chaps. 4, 5.]
CHAPTER 4.
VOTE FOR ESTABLISHING A FORM OF OATH TO BE TAKEN BY THE
PROVINCE TREASURER.
M? Jamp:s Tay'lok being chosen and a])poiuted treasurer of this their majesties' province for the year ensuing was presented by the house of representatives to be sworn, and the following oath being voted and established by the whole assembly and consented to by his excellency, was administred unto him : —
Whereas you James Taylor are chosen and A])poynted Treasurer with in this theire Maj'i^ Province of the Massaidmetts Bay for one year now next ensuing * and mitill another be chosen and Sworn in yo^ Stead you do Swear by the name of the everliveing* God that you will truely & faitlifully jjer- form & discharge the duty of a Treasurer in all tilings proi)cr unto your Office and keep and render Just & true Act-oil of all yo^ Transactions therein, when you shall be there to Lawfully Required So help yo" God lApprovcd June 17.
CHAPTER 5.
ORDER FOR ALLOWING FIFTY POUNDS TO NANTUCKET, ON ACCOUNT
OF OVER-ASSESSMENT IN 1692.
NANTucKKr Petitiox being read and their Accol and List being Examined by A Committee appoynted by y*^^ house of Representatiues — who doe make Report that the Inhabitants of Nantucket — Were ouer rated lllfty Pounds to y° Last Assestm- of thirty Thousand pounds — unto Av'h this liouse do Concurr, Therefore —
Ordered That the Inhabitants of Nantucket shall be allowed llifty Pounds (by mf Tj-easurer for the time being) out of their proportion to the Next Assesm! that shall be hereafter granted-/. \_Concurre(l in htj the Council, and approced June 26.
* In the copy of records in ttie State Library the former of these words is " coming," tind the latter is " everlasting."
[2d Siiss.j PicoviNCK Laws (litsolves etc.). — 1G93. 25
ORDER AND VOTES
Passed at the Session begun and held at Boston, ON THE Sixth day of July, A. D. 1693.
CHAPTER 6.
ORDER FOR THE APPOINTMENT OF A JOINT COMMITTEE TO HEAR THE AGENTS OF THE TOWNS OF IPSWICH AND TOPSFIELD RESPECTING THE BOUNDS BETWEEN SAID TOWNS, AND TO REPORT THEREON.
[Approved July " .
\_Pnnted with resolves, orders, etc., relating to the establishment, etc., of towns, e^c]
CHAPTER 7.
VOTE APPOINTING COMMISSIONERS TO TREAT WITH THE FRIENDLY
INDIANS, AT ALBANY.
A Vote of the representatives that Major-Generall Wait Wiuthrop and Major John Pyncheon he sent to Albany to treat the MaqiuiB and others nations of Indians in those parts in amity Avith the English, to renew and confirm the friendship betwixt the P^nglish and them, and to make a present to them, was read and, —
Agreed to by the council. \_Passed July 8.
CHAPTER 8.
VOTE FOR ALLOWING FIVE HUNDRED POUNDS TO JOHN PHILLIPS, LATE TREASURER OF THE COLONY, FOR HIS PAST SERVICES.
Voted That JnV Phillips Esq'' late Treasurer of this Province haue the Sum of fiue Hundred pounds allowed him as a llecompence for his Service as Treasurer for the late Collony of the Massachusetts from the 18'> Day of Aprill 1G89. untill the 1P> Day of May 1092 to be allowed him upon makeing np his Accounts & Laying them before the House of Representatiues at their Next Sitting after the first day of September next (otherwise to the CoiFiittee allready Chosen by this House) in full of his Service & accompts about the Treasury for the time afores**. [^Approved July 13.
26 Pkovince Laws {Resolves etc). — 109-^. [Chaps. 9, 10.]
CHAPTER 9.
VOTE FOR ALLOWING ONE HUNDRED AND FIFTY POUNDS TO JOHN PHILLIPS, TREASURER OF THE PROVINCE, FOR HIS SERVICES.
Voted That John Phillips Esqi^ Treasurer shall haue one hundred & fifty Pounds ^ Ann- for all his paiues & Charges as this Provinces Treasurer from the fourteenth day of May 1G*J2 untill this 13- day of June 1(593 —
And, untill a nother Treasurer be sworne in his Stead — \_Approved July 13.
CHAPTER 10.
VOTE FOR ALLOWING COMPENSATION TO BARNABAS LOTHROP AND OTHERS, LATE TREASURERS IN PLYMOUTH COLONY, FOR THEIR SERVICES.
Voted That the late Treasurers in Plym° Collony, Barnabas Lathrop Esq- Joliu Walley Esqf & ml Isaac Little — liaue Six pence on the Pound allowed thcin from the 18'-^^ of Aprill IGH!) untill the U'^" day of May 16'J2 for their paiues &, service in that afifaii'e [^Approved July 15.
ORDERS, PROCLAMATION, VOTES, ADDRESS, ETC.,
Passed 1693-4.
[27]
LEGISLATIVE LIST
FOR
1693-4.
Note. — The councillors were annually elected in May, and consequently the same board acted with the deputies chosen for every court held during the legisla- tive year. Writs had been issued for a General Court, to be lield .September 27, this year, and representatives were chosen thereto ; but, though all the members that appeared were sworn, there was not a quorum ; and as no returns were inade from the counties of Hampshire and York, which, being so remote, probably failed to receive writs in season for warning the electors, " the Court did not hold." Writs for another choice of representatives, to assemble on the eighth of November, were ordered to be " forthwith granted forth," on the twenty-eighth of September. The list of deputies chosen is given below.
The county of Bristol is placed before Essex in the order of precedence, this year, probably as a compliment to the Speaker, who, though an inhabitant of Boston, represented the town of Ik-istol.
REPRESENTATIVES or DEPUTIES.
November 8, 1693 to March 3, 1G93-4.
Capt. NATHANIEL BYFIELD, Spe.vkkr.
County of Suffolk.
Boston, Maj. Ponn Townsend,
Edward Bromfield, Esq , Capt. Thcophilus Frary, Mr. Timothy Thornton.
Roxbury, Mr. William Denison.
Dorchester, Capt Samuel Clap,* Mr. Enoch Wizell.
Milton, Mr. George Sumner.
Braintree, Mr. John Baxter.
Wojmoiith, Capt. John Holbrooke.
Hingham, Sergeant Nathaniel Beale.
Medfield, Mr. Benjamin Clark.
Wrenthani, Lieut. John Ware.
Mendon, Mr. Timothy Winter.
Dedham, Capt. Timothy Dwight.
Oxford, Mr Isaac Bcrtrand du
TufFeauf.
County of Middlesex.
Charlestown,
Maiden, Mcdford, Cambridge, Watertown,
Sudbury,
Groton,
Marlboroiigh,
Lancaster,
Concord,
Billerica,
Shcrbom,
Reading,
Newton,
Capt. Richard Sprague, Lieut John Cutler.f
Capt. John Green.
Pnsign Stephen Frances.§
Mr. Thomas Oliver
Capt. Benjamin Gearficld, Mr Ebenezer Prout.
Capt John Goodenow
Capt. James Parker ^
Ca^jt. Henry Kerley.
Mr. John Houghton.
Lieut. Joijathau Prescott.
Capt. Ralph Hill.
Mr. John Death.
Mr Benjamin Fitch.
Mr. John Ward.
* Erroneously entered " Nathaniel," by the Secretary. •
t He was sworn, but his name does not appear in the Secretary's list. Daniel Allin of Boston, who represented Oxford the previous year, was chosen by Marblehead for the September and November courts. ■ X He is called " Deacon," in the town records.
^^ Called "Ensign," in the town records, hut " Mr.", in the Secretary's list.
H His election is shown in the town records; but he was not sworn, and his name does not appear In the Secretary's list.
129]
30
Province Laws {Resolves, etc.). — 1693-4. [Representatives.]
County of Middlesex— Cowc^2<rferf. Chelmsford, Mr. Timothy Clarke. Woburn, Mr. Samuel Blogget.
Dunstable, Mr. Francis Foxcroft.
Bristol, Swanzey, Tnunto7i, Rchoboth,
County of Bristol.
Capt. Nathaniel Byfield. Mr. Ebenczer Brenton. Mr. Thomas Leonard.* Mr. Stephen Paine, Mr. Joseph Bi'own.
Little Coraiilon, Mr. Giles Dyer.
Freetown, Mr. Jahleel Brenton.
CouNTv of Essex.
Salem, Benjamin Browne, Esq.,
Mr. William Hirst.
Marblehead, Capt. John Le^g, Mr. Daniel AUin. Lijnn, Capt. John Burrill, jun.f
Beverly, Capt. John Dodg.
Manchester, Capt. John Browne. J Ipswich, Mr. Nehemiah Jewet,
Mr. Thomas Hart.
Rowley, Mr. Samuel Platts.
Boxford, Lieut. Thomas Perley.§
Tops field, Lieut. Thomas Baker. 1
Newbury, Capt. Thomas Noyes.
Salisbury, Ensign JSTathaniel Browne.
County of Essex — Concluded. Amesbury, Capt. Thomas Harvey.
Haverhill, Mr. Daniel Lad.
Andover, Mr. Christopher 0.sgood.
Gloucester, Mr. James Stevenes.
County of York. York and Wells, Mr. Samuel Wheelwiight. Kittery, iNIr. William Screven.
County of Hampshire.
Springfield,
Hadley,
Hatfield,
Northampton,
Westfield,
Capt. Benjamin Davis. Mr. Samuel Porter. Capt. Samuel Partrigg. Mr. Joseph Parsons. Lieut. Samuel Root.
County of Plymouth.
Plymouth,
Scituate,
Marshfield,
Duxbury,
Bridgewalcr,
Mr. John Nelson. Mr. Benjamin Stetson. Mr. Isaac Little. Lieut Scth Arnold. || Mr. Samuel Allen.
County of Barnstat.le Barnstable, Mr. John Otis. Yarmouth, Mr. John Hallet.
Eastham, Mr. John Doane.
EBENEZER PROUT, Clerk.
JAMES MAXWELL,** Doorkeeper and Messenger.
* He w.is sworn, but liis name docs not appear in the Secretary's list.
t He is called "junior," in the town records.
+ It appears from the town records of Manchester that he was an inhabitant of Marblehead.
J He was sworn, and the town records show that he was elected, but his name is not in the Secretary's list.
H He w.as sworn, but his name is not in the Secretary's list.
II His election is shown by the town records, but he was not sworn, and his name is not in the Secretary's list.
•» About a week before the dissolution of this Assembly, Henry Emmes w.as appointed Messenger to the House of Represent.atives, for whidi office, it appears by the following entry in Sewall's Diary, he received a commission from the Governor and Council : —
"Friday, Feb. 23, 1693/4. . . . This day Henry Ems the Baker has his name put into a comission to be a Messenger to the Representatives when sitting, and comission deliver'd to him in the Council Chamber." — Vol. l,p. 389.
ORDERS, PROCLAMATION, VOTES, ADDRESS, ETC.
Passed at the Session begun and held at Boston, ON the Eighth day of November, A.D. 1693.
CHAPTBK 1.
ORDER APPROVING MiD ALLOWING THE ACCOUNT OF JOHN PHILLIPS, LATE TREASURER OF THE PROVINCE.*
John Phillips, Esq'-, presented an accompt of payments made by him during the time of his being treasurer, for sundry emergency's and expences amounting to one hundred eighty-nine pounds two shillings and fourpence, which was approved of and, —
Ordered to be passed in his accompt. \_Approved November 13.
CHAPTEK 2.
ORDER APPOINTING A COMMITTEE TO SURVEY LANDS PRAYED FOR BY JOHN WHEELWRIGHT, AND TO ASCERTAIN IF THERE ARE AD- VERSE CLAIMS THERETO. [Approved November 14.
[^Printed with resolves, orders, etc., relating to the establishment, etc., of towns, etc.']
CHAPTER 3.
a proclamation appointing thursday, the twenty-first day of december, 1693, as a day of solemn thanksgiving.
Province of the
Massachusetts Bat ss.
By his Excy. the Governor Council and Repre- sentatives in General Court Assembled-/. Upon Consideration of the high Obligations laid upon this People to Recognize the Signal publick mercies received from heaven in the Sumer past ; Especially in so sensible a providence as the preserva- tion of his Majesty from those many dangers to which he has lately exposed his Royal person for the sake of the Protestant Religion and
• Vide, ante, 1693, vote, chapter 8. [31]
32 pROVLNCE Laws {liesolves etc.). — 1693-4. [Chaps. 4, 5.]
Interest, and the Success of his Armes, the Stop given to the Spread- ing of mortal Sicknesses and good measure of health restored to this Province the favourable harvest after awful threatnings by sore drought, the late Submission made by the Indian Enemy and respit given from annoyances by them ; with much other preventing goodness. This Court have thought fit to appoint, as they Do hereby Order and appoint Thursday the '21'.' of Decemb' next, to be celebrated as a day of Thanksgiving throughout this Province, forbiding all Servile Labour upon the same. And do Excite both Ministers and people in the seu^al Churches and Congregations to offer up most humble and hearty prayses unto Almighty God for these and all other immerited ffavours [^Approved November 14.
CHAPTER 4.
VOTE FOll GRANTING TO SAMUEL SEWALL AND WIFE ONE THOU- SAND ACRES OF LAND ON MERRICONEAG NECK IN CASCO BAY. [Approved Nov. 15.
\^Printed loith resolves, orders, etc., relating to the establishment ^ etc., of toions, etc.'\
CHAPTER 5.
ADDRESS OF THANKS BY THE COUNCIL AND REPRESENTATIVES TO KING WILLIAM AND QUEEN MARY, AND A PETITION FOR A CONTIN- UANCE OF FAVORS.
To There Most Excellent Maj' King AVilliam & Queen ]\rary The thankfull Address & humble Petition of your Maj' most Loyal Subjects the Council & Representatives of your Maj' Province of the Massachusetts Bay in New -England assembled in General Court Novemb' 8, 1693.
It having pleased your Maj' by your Royal Charter to grant and Confirm unto your Loyal Subjects in this Province, Sundry great & valuable Privileges, more particularly the Freedom of our Religion, Our Properties & Possessions ; and to nominate & by Coffission to Constitute His Excellency Sir William Phips the Governour, and the honourable Lieut Governour with the Secretary in this your jNIaj' Pro- vince, Persons from amongst our Selves naturally disposed to promote your Maj' Interest and very acceptable to your Maj' Loyal Subjects We canot but express our most thankfull Resentments of so Singular & Gracious Favours, And do most humbly petition your ]\Iaj' Royal Grace & Clemency in the Continuance of Them. We likewise humbly & thankfully Acknowledge the Defence that we have had by Two of your Maj' Ships of War the Continuance of w''*' will be of great ad- vantage to your Maj' Interests in these Parts.
That the good Hand of the Almighty God may preserve your Maj' Persons, That all your Noble Enterprises may be succeeded ; That your Reign may be long and Prosperous ; and that the God of Re- compences may Crown your Maj' with immortal Glory, is, & shall be the unfeigned, fervent & Constant Prayer of your Maj' faithful! & dutifull Subjects \_Signed by a majority of the Council, November 16.
[1st Sess.] Province JjAwh (liesolves etc.) . — 1G93-4. 33
CHAPTER 6.
VOTE ON THE PETITION OF SAMUEL VARNUM, EDWARD COBOURNE, AND OTHERS, INHABITANTS AND PROPRIETORS OF LANDS NORTH OF METIRIMAC RIVER, PRAYING FOR A GRANT OF UNIMPROVED LAND. [Approved Nor. 27.
\^Printed with resolves, orders., etc., relating to the establishment., etc., of towns., etc.']
CHAPTER 7.
ORDER FOR ALLOWING FORTY POUNDS TO THE TOWN OF DEERFIELD FOR GARRISONING THE TOWN.
The petition find ace" of the town of Deerfield for tlie garrisoning of that town by order of his ex"'' the govern', containing a line of two hundred and two rodds, being read, —
Ordered, That there be forty pounds allowed said town by dis- compt in their public assessment towaz'ds the charge of said fortifica- tions. \_Approved November 28.
CHAPTER 8.
ORDER FOR ALLOWING ONE HUNDRED AND TWENTY POUNDS TO JOHN ARNOLD, LATE KEEPER OF THE PRISON IN BOSTON.
The accompt of John Arnold, late keeper of the prison in Boston, having been examined by a coinittee of the house of representatives, at their former sessions, and a vote of the house thereupon that he be allowed the sum of one hundred and twenty pounds in full thereof, —
Ordered, That M'"- Treasurer do pay unto the said John Arnold the s'' sum of one hundred and twenty pounds out of their majesties' treasury. J^Approved November 28.
CHAPTER 9.
REPORT OF A JOINT COMMITTEE OF THE COUNCIL AND REPRESENTA- TIVES UPON THE PRIVILEGES OF THE HOUSE OF REPRESENTA- TIVES.
The Report of the Comittee appointed to Consider & Draw vp something Concerning what Priui[l*] leges belong to the house of Rep- resentatives Viz^
* Manuscript mutilated.
34 Province Laws (Jiesolves etc.). — IGdS-^. [Chaps. 10, 11.]
1 That the said house may use & exersize such Powers & Priui- leges here as the house of comons iu P^ugland may & haue usually done there allvvays haueing Respect to tlicir INIajesties Roy * charter & the Laws of this Prouince
2 That the said house haue an officer Comisionated by his Exel- • ence the Gou"" To attend them when sitting in the quallity of a Mes- senger to serue such Presepts & exercise such Comauds as the house by Warrant from the Speaker shall order for the better managment of the Great affaires of the Prouince & Regulating of their own house & what elce may be proper for them to enquire into
29.9.93. Tiio: Danfoktii
Jonathan Cokwin Nathan*-^- Thomas Penn Townsend John Holbuook William Screven William Hirst Dan'- Allin — [Dated November 29.
CHAPTER 10.
ORDER FOR THE APPOINTMENT OF CHAPLAINS FOR THE GARRISONS AT WELLS AND YORK AND FOR ESTABLISHING THEIR PAY.
Ordered, That there be a chaplain allowed to the garison at Wells, and another at Yorke, and that there be paid unto each of them, out of tlieir maj'"''' treasury, the sum of fifty shillings per month, from the time of their coming upon the place, over and above what shall be allowed them by the inhabitants. [Ai^jn-oved November 30.
CIIAPTEK 11.
ORDER FOR ALLOWING FIFTY POUNDS, AND PLUNDER, TO THE SOL- DIERS WHO SERVED UNDER CAPTAIN THOMAS COLTON AGAINST THE INDIAN ENEMY AT BROOKFIELD.
Upon a motion from the house of representatives, y' there be fifty pounds and the plunder allowed unto the soldiers that served under Capt. Thomas Coulton against the Indian enemy, at the time when they lately coiiiitted an outrage upon the inhabitants of Qua- boag, alias Brookfield, for the encouragement of such adventures and succesful undertakings, considerable service being then done upon the enemy, —
Ordered., That there be paid out of their maj""'-' treasu'^ of the province, unto the officers and soldiers then employed, as a reward of their good service, the sum of fourty pounds, to the forty men that pursued the enemy ; and the plunder recovered from the enemy to be equaly shared amongst them, over and above the stated pay; and the sum of ten pounds to be equally divided among the twenty soldiers who remained in garrison at Brookfield. [^Approved December 4.
• Sic.
[1st Sess.] Province Laws {Resolves etc.). — 1G93-4. 35
CHAPTER 12.
VOTE FOR SUSPENDING ACTIONS AT LAW AGAINST JOHN MARCH, CON- CKIINING TIIH FF.RRY BETWEEN NEWBURY AND SALISBURY, AND FOR NOTIFYING THE HEIRS OF GEORGE CARR TO APPEAR AND SHOW CAUSE WHY SAID FERRY SHOULD NOT BE CONFIRMED TO SAID MARCH.
Upon the reading the petition of Capt. John March, and hearing his plea thereupon, —
Voted^ That all suits and actions now depending between any persons and the said Capt. John March, referring to any matter or controversy about the ferry or ferries over the river of Merrymack between New- bury and Salisbury, be suspended ; and that the court of Salem be directed to continue any action or actions so depending there until the general assembly have determined and resolved upon the settlement of the said ferry or ferries ; and that the heirs of George Carr be notified that they may appear on the sixth day after the beginning of the next sessions of the general assembly, and there offer what plea and objec- tions they have to make against the confirmation of the said ferry to the said Capt. John March. l^Approved December 5.
CHAPTER 13.
VOTE FOR APPROVING THE DRAUGHT OF AN INSTRUMENT FOR CON FIRMING THE PLANTATION OF WOODSTOCK TO JOSEPH DUDLEY AND OTHERS, PROPRIETORS. [Appi-oved December 5.
[^Printed with resolves, orders, etc., relating to the establishment, etc., of towns, etc.']
CHAPTER 14.
VOTE AND ORDER FOR ALLOWING ONE "HUNDRED POUNDS TO ISAAC ADDINGTON, SECRETARY OF THE PROVINCE, FOR HIS EXTRAORDI- NARY SERVICES IN 1693.
Tins HOUSE takeing into Consideration the Great Labour and trouble and Charge of Isaac Addington Esq'' Secretary of this Province and the inconsiderable reward (that hath accrued by tlie fees and perqui- sites) in proportion to his paines.
Voted That the s*^ Isaac Addington Esq'' be allowed out of the Publick treasury the Sume of one hundred pounds for his Extraor- dinary Service in the year 1693 and pray that his Ex>5^ and Councill will order it accordingly. [^Concurred in by the Council, and approved December 6.
CHAPTER 15.
ORDER APPOINTING A DAY FOR CONSIDERING THE PETITION OF THE TOWN OF TOPSFIELD AND THE REPORT OF A COMMITTEE THEREON RESPECTING THE BOUNDARIES BETWEEN TOPSFILT,D AND IPSWICH. [Approved December 8.
\_Printed with resolves, orders, etc., relating to the establishment ^^ etc., of towns, etc.]
36 PiiOViNCE Laws {Resolves etc.) . — 1G93-4. [Chap. 1G.]
CHAPTER 16.
VOTE ArPOINTING A COMMITTEE TO INQUIRE INTO THE DISPOSAL OF THE BILLS OF CREDIT EMITTED. BY THE LATE COLONY, AND TO COMPLETE THE EXAMINATION OF THE ACCOUNTS OF THE LATE TREASURER OF THE COLONY, ETC.
Voted. That John Richards, James Russell and Samuel Sewall Esq" mJ- Elisha Cooke, Captain Nathaniel Byfield m'' Richard jNIid- dlecutt Major Penn Townsend and Doct- Daniel Alline or any Six of them be a Committee to inquire into & Examin how the fforty thousand pound Bills of Credit emitted by the late Colony of the Massachusetts were disposed of and paid out ; As also to perfect the Examinacon of the acco- of Jn? Phillips Esq- late Treasurer of s'-' Colony and to make their Report to this Court at their next Siting.
The acco- now presented to be lodged with the Secretary by him to be deliu"' unto the Order of s'-' Committee when desii-ed and by them to be return'-' again into y" Secry" office •/. [^Apj)roved Decem- ber 13.
[2d Sess.] Pkovince Laws {Resolves etc.) . — 1693-4. 37
ORDERS, ADDRESS AND VOTES.
Passed at the Session begun and held at Boston, ON the Fourteenth day of February, A. D. 1693-4.
CHAPTER 17,
ORDER FOR ALLOWING NINE POUNDS TO JOHN TAGE, JUNIOR, OF GROTON, A WOUNDED SOLDIER.
In concukrance with a vote of the representatives, that there be allowed uuto John Page, jim''-, of Groton, wounded in their maj"'''-' service, twelve pounds, for his cure and dyet during the time thereof, dednctiug out of said sum what he hath already received, which is acknowledged to he three pounds, —
Ordered^ That M''- Treasurer pay unto the s**- John Page, or to his father, in his behalf, nine pounds, being the remainder of the above sum of twelve pounds. \_Approved February 27, 1003-4.
CHAPTER 18.
ORDER ESTABLISHING THE BOUNDARY BETWEEN THE TOWNS OF IPSWICH AND TOPSFIELD. [Ai)proved February 28, 1693-4.
\_Printed with resolves, orders, etc., relating to the establishment, etc., of towns, etc.'\
CHAPTER 19.
ADDRESS OF THE GENERAL ASSEMBLY TO KING WILLIAM AND QUEEN MARY TO TAKE CHARGE OF THE FORTS AT PEMAQUID AND PORT ROYAL. \_Reported by a joint committee, March 1, 1693-4.
[^.Not found in the archives : see note at the end of this volume."]
w
38 FiiovmcTi TiAWS (Jiesolves etc.) . — 1693-4. [Chaps. 20-23.]
CHAPTER 20.
VOTE EXTENDING THE TIME ALLOWED TO THE TOWN OF BRISTOL FOR COLLECTING AND RETURNING A TAX, AND ORDERING THE PROVINCE TREASURER TO SUSPEND ISSUING HIS WARRANTS THEREFOR.
In ANS^VEU to the Petition of Bristoll 33 in to this house.
Voted (That the AVarrant for Raising and Collecting the Second part of the Assessment of the tliirty thousand pounds not being in their hands till Six months after the time.) That the s'' towne of Bristoll bee allowed six months time longer from this time before they bee Obliged to Collect and Returne the s** Second part of the Assesm' in to the treasury, and the treasurer is hereby Order'd not to Issue out Warrants According to the P^xtremity of the law till the s** time bee Expired {^Concurred in by the Council, and cqtjrroved March 1, 1693-4.
CHAPTEK 21.
VOTE FOR EXTENDING THE TIME ALLOWED TO THE TOWN OF EN- FIELD FOR PAYING AN ASSESSMENT LAID UPON THE TOWN.
A rKTiTiON of the town of Enfield, in the county of Hampshire, with the vote of the house of representatives thereupon, was read, and, a concurrance therewith, —
voted that EnOeld haue Six months time giuen them to pay the rates already Laid vpon them & that the Treasurer be notified there- of \_Apx)roved March 3, 1693-4.
CHAPTER 22.
VOTE FOR ABATEMENT OF TAXES LAID ON THE TOWN OF DEER- FIELD.
A PETITION of the town of Deerfield within the county of Hamp- shire, being the utmost frontier of that county, and much impover- ished by the warr, was read, with the vote of the house of representa- tives thereupon, and, a concurrance therewith, —
Voted, That is to sa}'^, that they be abated their share or part of the next tax and untU the court take further order. [^Aj'jn'oved March 3, 1693-4.
CHAPTER 2 3.
VOTE APPOINTING A COMMITTEE TO TAKE ACCOUNT OF GRAIN RE- CEIVED FOR TAXES BY THE CONSTABLES OF THE SEVERAL TOWNS IN HAMPSHIRE COUNTY.
voted
That Coll Pinchon Cap? Patrigg, M"" Joseph Parson W Samuel Root & M"" Sam| Porter or any three of them be a Committee to Call before
[2d Sess.] Pkovince Laws {Resolves etc.) . — 1G93-4. ' 39
Llieiii the seuerall Constables of the County of west hampshire from Octob'' 1G8'J. till May 1G'J2. and to take an acco- of all graine, that within that time they haue Keceiued for Rates in the seuerall Townes & how disposscd of & to Returne an acco- of yr Doeings tlierein to Majo'-' John Phillips J^ate Treasurer by the first of June next that he may be enabled to Adjust the acco'? with said Constables, \_Approved March 3, 1693-4.
CHAPTER 24.
VOTE « FOR GRANTING ALLOWANCES TO THE JUSTICES OF THE SU- PERIOR COURT OF JUDICATURE, FOR THEIR SERVICES DURING THE YEAR 1693.
Voted y' y*^ Hono™'''*^ W" Stoughton Esq' y"^ Cheife Judge of this Province be allowed Out of y" publick Treasu"'' of this Province y" Sum of One Ilundered Pounds for his Service as Chief e Judge for y" yeare past 1693
Voted That y'' Hono™'''" Thomas Danforth Esqi. John Richards EsqL Waite Winthropp EsqL Sam' Sewell EsqL shall Receive Out of the Publique Treasn"" of this Province y*" Sum of fiftie pounds apeice for their Service as Judges in y'' yeare past 1693
March 3'? 161)^ voted & passed in the Affermatiue by the house of Representatiues
Natha^ Byfield Speaker
* This vote of the representatives is inserted here because the Council seem to have practically concurred in it by ordering payments to be made in accordance therewith. A dilTcrence had existed Ijctween the House and the Council with regard to tlie action of the latter in voting certain ap]n-opriations and in establishing and ordering to be paid certain salaries of civil officers, witliout the concurrence of the representatives. Against this conduct the House had formally protested as a grievance, and a conference on the subject had been had by both branches at the request of the Governor. The rights of the House were finally conceded in an act passed by the next Assembly (1694-5, chap. 3), which con- tains, substantially, the provisions of a bill which was passed in the House of Representa- tives on the same day with the above votes, but which was not concurred in by the Council, probably on account of the dissolution of the Assembly on that day.
VOTES, LETTER, ETC.,
Passed 1694-5.
[41J
LEGISLATIVE LIST
I'UR
1694-5.
His Excellency SIR WILLIAM PHIPS, Knt.,*
CaPTAIN-GeNEUAL and GoVERNOR-IN-CillEF, ETC.
WILLIAM STOUGHTON, Esq.,* f Lieutenant- ou Deputy-Governor, etc.
ISAAC ADDINGTON, Esq.,
SECRETAUY of the PROVINCE.
COUNCILLORS OR ASSISTANTS.
Of the inhabitants of, or proprietor's of, lands within the territory formerly called the Colony of the Massachusetts Bay : —
"William Stoughton, Esq., Robert Pike, Esq.,
Nathaniel Saltonstall, Esq., Elisiia Hutchinson, Esq., J
Bartholomew Gedney, Esq., William Browne, Esq.,
John Hathorne, Esq., John Foster, Esq.,
Isaac Addington, Esq., John Pynchon, Esq.,
Jonathan Corwin, Esq., James Russell, Esq.,
Daniel Peirce, Esq., Elisha Cooke, Esq.,
Thomas Danforth, Esq., Samuel Sewall, Esq.,
Wait Winthrop, Esq., John Phillips, Esq.,
Peter Sergeant, Esq.
* For the full title, see p. 5, ante.
t Pliips was summoned before the Privy Council, to answer certain complaints against his administra- tion. Ho embarked for London, November 17, 1694. On the fourth of December, following, Stoughton assumed the gubernatorial chair, by direction of the Privy Council conveyed in these words : —
" * * * and that you take upon you the government of our said Province dm-ing the absence of the s^ S^. William Phipps from thence or untill our further pleasure shall be signifyed concerning the same, according to our comission & Instructions granted unto ye s^ Sr William Phipps & such further directions as you shall receive from us under our Signe Manuall and Signett or by our Ord^ in our Privy Councell during the absence of the s^ Sr Wm. Phipps our further pleasure shall be known as aforesaid." — " Xew England ; Board of Trade," vol. 35, p. 104, in Public Record Office, London.
Stoughton became acting governor, therefore, under a special authorization, and did not succeed Phips merely by virtue of his commission as Lieutenant-Governor.
+ Hutchinson sailed for England in November, 1G93. He does not appear in the records as present at the Council board until the fourteenth of September, 1694. He was not sworn with his associates, and no record of his subsequent qualification has been discovered.
[43]
44: Province LiAWS (liesolves, etc.). — 1694-5. [Representatives.]
Of the inhabitants of, or proprietors of, lands within the territory formerly called New Plymouth : —
William Bradford, ^Esq., Barnabas Loturop, Esq.,
John Saffin, Esq., John Thacher, Esq.,
Nathaniel Thomas, Esq.
Of the inhabitants of, or proprietors of, land within the territory formerly called the Province of Maine : —
Francis Hooke, Esq., Charles Frost, Esq.,
Samuel Wheelwright, Esq.
Of the inhabitants of, or proprietors of, land loithin the territory lying between the river of Sagadahoc and Nova Scotia : —
Joseph Lynde, Esq.
Note. — Ou the twenty-eighth of November, 1G'J3, the Assembly passed an act* which was published on the twelfth of December, following, and first opei'ated in the choice of deputies to the present session. It provided "That not any town in this province shall choose any representative unless such be a freeholder and resi- dent in that town or towns such are chosen to represent." The Governor accord- ingly refused to administer the qualifying oaths to live non-resident representatives chosen this year from as many towns. Each of these is noted in the following list.
REPRESENTATIVES or DEPUTIES.
May 30, 2694 to March 16, 1694-5.
Mr. NEIIEMIAH JEWETT, Spe.vker.
Boston,
lioxbury,
Dorchester,
Milton,
Braintrce,
Weymouth,
Jlingham,
Dedham,
Medfeld,
Wrcntham,
County of Suffolk.
Maj. Penu Townsond, Edward Bromfiekl, Esq., Capt. Thcophilus Frary, ]\Ir. Timothy Thornton.
Mr. William Denison. Lieut. Timothy Tilustone.f Mr. Ebenezer Clap. ]\Ir. Caleb Ilobart. Capt. John Holbrooke. Capt. John Smith. Capt. Timothy Dwiglit. Mr. Samuel Barber J Mr. John Ware.
County of Middlesex..
Charlestoivn,
Maiden,
Cambridge,
Watertown,
Newton,
Sudbury,
Marlborough,
Concord,
Billerica,
Woburn,
Sherborn,
Capt. Richard Sprague,§ Deacon John Cutler.T[
Lieut. Joseph Willson.||
Capt. Samuel Chanmey.
Capt. Benjamin Gearfield.
.Air. John Ward.
Caj)t. Thomas Browne
Mr. Abraham Williams.
Mr. Jonathan Prescott.
Capt. Ralph Hill.
Deacon Samuel Walker.**
l\Ir. Jonathan Whitney.f f
* Province Laws, voL I, 1693-4, chapter 14, $ 5, ante. Hatchinson gives an extract from a contempo- raneous letter, in which the writer declares that upon the passage of this act, " Sir William *** rushes into the house of commons and di'ives out the non-residents, and," he concludes, " I am much mistaken if either for estates or loyalty they left any of their equals in that house." — Hist. Mass., vol. II., p. 70, note.
t " Lieutenant," in the town records, but " Mr.," in the Secretary's list.
X Capt. Thomas Dudley, of Roxbury, was first chosen, but was rejected by the Governor, for non- residence.
§ Erroneously named " John," in the Secretary's list.
H Erroneously named "Richard," in the Secretary's list: the Christian names of the Charlestowu representatives were inadvertently transposed by the Secretary.
II " Lieutenant," in the town records, but " Captain," in the Secretary's list.
** " Deacon," in the town records, but " Mr.," in the Sea-etary's list.
tt Whitney's name is not in the Secretary's list ; but he took and subscribed tho oaths.
[Hei'uksentatives.] Puovince IjAVfS {Resolves, etc.). — 1004-5. 45
County of Mtddlrsex— Concluded. Reading, Capt. Jeromiah Swayne.
Chelmsford, Mr. Cornelius Waldo.*
County of rLYMouTii.
Plipnoulh, Marshftcld, Sciiuate, Diixlmry,
IMr. William Shirtlcf.f Mr. Samuel Sprague. Mr. Samuel Clap. Mr. Jolin Wadsworth.
Bnd<jev)ater, Mr. David Perkins.
Salem,
Lynn,
Marhlchcad,
Bercrlij,
Wenhnm,
Ipswich,
Oloiicestcr,
Rowley,
Newbury,
Arncsbury,
Haverhill,
Andover,
County of Essex.
Capt. Samuel Gardner,^ Capt. Manasseh ISIarston. Capt. John Burril, jun.
County of E.sskx — Concluded. Salisbury, Cornet Riehard Ilobbard.Jf
Topsfield, Mr. T]ioma.s I*>akor.§§
County of York. Killcry, Mr. William Screven.
York and Wells, Capt. Ezekiel Roger.s.
County of IIampsiiiui:.
Springfield, Mr. Nathanicd Uliss^^f Mr. George Stillman.|||| Mr. Joseph Parsons. Mr. Samuel Parti'ijrJT-***
TJadley,
Northampton,
Hatfield,
Lieut. Andrew Eliott.^
Capt. Thomas Fiske, senior.||
Mr. Nehemiah Jewet, Sergeant Thomas Hart.
Mr. James Stevenes.
Mr. John Peii'son.
Capt. Thomas Noyes,** Capt. Stephen Greenlef.**
Capt. Thomas Harvey.
Quartermaster Daniel Lad.ff
Capt. Thomas Chandler.
County of Barnstablk.
Barnstable, Mr. John Otis, Sandwieh, Mr. Stephen Skcffe.fff
Yarmouth, Mr. Thomas Sturgis.
County of Bristol. Bristol, Mr. John Cary.JJf
Rehoboth, Mr. Stephen Paine.
Taunton, Capt. Thomas Leonard.
Swanzey, IVIr. Ebcnezer Rrenton.§§§
Little Compton, Mr. William Fobes.
Island of Capawok alias Martha's Vineyard. Mr. Matthew Mayhew.
EBENEZER PROUT, Clerk.
JAMES MAXWELL, Doorkeeper, and Messenger to the Council.
HENRY EMMES, Messenger of the IJo^ise of Representatives. ^^''^
* Capt. Timothy Clarke, of Boston, was first chosen, but was rejected by the Governor, for non-residence
t The to^yn chose John Stnrtevant, April 30th. ; but, he refusing to serve, Shurtleff was chosen in his place, on the fourteenth of May.
+ Capt. Gardner was chosen at the same time with Marston, but for some reason, not discovered, he was not sworn until September Sth. His name is not in the Secretary's list.
§ Capt. Samuel Lcgg, of Boston, was first chosen, but was rejected by the Governor, for non-residence. He was not sworn, nor has any evidence been found that another was chosen in his place.
t " Lieutenant," in the town records, but " Mr.," in the Secretary's list.
II "Thomas Fiske, senior," in the town records.
** Noyes was chosen to serve " for the whole year," and Greenleaf, " for the first session."
tt " Quartermaster," in the town records.
++ " Cornet," in the town records.
^ On the eleventh of May, the town voted not to send a deputy, "not kno\ving but that they might be excused by law; " but on the fourth of June they met again, and chose Baker.
tH Capt. Benjamin Davis, of Boston, was first chosen, but was rejected by the Governor, for non- residence.
III! Not in the Secretary's list, although he took and subscribed the oaths.
**« Chosen April 14th. but did not take the qualifying oaths until the tenth of September. His name is not in the Secretary's list.
ttt He was sworn, but is not in the Secretary's list.
\Xl Capt. Nathaniel Byfield, of Boston, was first chosen, but was rejected by the Governor, for non- residence.
^^^ By the town records it appears that, on the fourth of June, by virtue of a warrant from Mr. Speaker Jewett, dated June 2nd., Mr. Hczekiah Luther was chosen to represent the town. It does not appear whether he was chosen to serve jointly with Brcnton, or as his successor, after the latter had resigned or become disqualified ; but it is l)elieved that Brenton was, at that time, a resident of Bristol. He, however, took the qualifying oaths, which Luther does not appear to have done.
HHH See note on p. 30, ante.
VOTES AND LirriER
Passed at the Session begun and held at Boston, ON the Thirtieth day of May, A. D. 1694.
CHAPTER 1.
VOTE FOR GRANTING FIVE HUNDRED POUNDS FOR EQUIPPING, ETC.,
THE PROVINCE GALLEY.
A VOTE of tlie lionse of representatives for the grunt of five hun- dred pounds for the fitting up and setting forth of the galley lately built * to cruise upon the coasts for the better securing of trade and navigation was presented and read. [^Passed June 1.
CHAPTER 2.
VOTE OF THE COUNCILf APPOINTING A COMMITTEE TO THANK SAMUEL WILLARD FOR HIS ELECTION SERMON.
Samuel Sewall and Peter Sergeant, Esq"-, were nominated and appointed to return the thanks of this board unto M'- Samuel Willard for his sermon preached on Wednesday last at the opening of the general court. \_Approved June 1.
CHAPTER 3.
VOTE+ APPOINTING A COMMITTEE TO HEAR THE SELECTMEN, ETC., OF CAMBRIDGE AND NEWTON, RESPECTING THE OBLIGATION OF SAID TOWN OF NEWTON TO CONTRIBUTE TO THE REPAIRS OF THE GREAT BRIDGE OVER CHARLES RIVER.
Upon reading the petition of tlie selectmen of Cambridge, praying that the inhabitants of Newtown may be called before this court, to give the reasons of their denial to joyue with and contribute their just share
* See Province Laws, Acts of 1693-4, cliap. 13, and 1694-5, chap. 1, 5 5. This grant by the representatives, although it does not appear to have been expressly concurred in by the Council, is inserted here, because tlie Council practically concurred in it by disbursing the granted sum according to this vote of the House.
t See 1693, vote, chapter 1, and note, supra.
X The only circumstance from which it can be inferred that the Lieutenant-Governor signed the above vote, is that the committee acted under this appointment. Their report was made June 13; but the vote of the Council thereupon was not concurred in by the House.
[47]
48 Province Laws {Resolves etc.) . — 1094-5. [Chaps. 4-0.]
and dues to the work of upholding the great bridge over Charles River in Cambridge, —
Voted^ That John Pyncheon and Nathaniel Saltonstall, Esq" , be and arc nominated and appointed, together with Capt.John Holbrooke, Major Peim Townsend and M"" W'"- Screven, of the representa- tives, a comittee to hear what may be alledged by the selectmen or others of the town of Cambridge, in behalf of said town, relating to any agreem'- or obligation they have npon the inhabitants of Newtown, lo contribute towards the charge of making or maintaining the said bridge, and that the selectmen of NewtoAvn be notified thereof, and the time of the committee's meeting upon Tuesday next, the twe.lvth of June instant, that they also may be heard ; the said com- ittee to make their report to this court. \_Passed Jnne 6.
CHAPTli]K 4.
VOTE FOR lNDEMNIFYIN(i THE OWNERS OF A KETCII, IN CASE OF HER LOSS WHILE EMPLOYED IN THE PUBLIC SERVICE.
WiiKRKAP, with his ex''-^'''- licence, some gentlemen of S.-ilcm are send- ing out a small ketch imto S'- John's River, and parts adjacent, for the fetching off some of their people lately taken prisoners by a French privateer and carried tliither, his ex'-^- having dispatched an express by them unto Capt" Thomas Taylor, commander of their maj"*' ship Nonesuch for their maj""'" service, —
Voted, That in case the said Ivctch happen to miscarry by reason of her carrying the said express, that then the publick bear the loss of her. [_Ap2)roved June 12.
CHAPTER 5.
VOTE FOR ALLOWING ABATEMENTS, ETC., ON ARREARS OF FORMER
PROVINCE TAXES.
TiiK nEPoiiT of the committee formerly api)ointed by this com-t to hear and receive the pleas and allegati(ms of towns, constables and particular persons, for .-illowances and abatements on the arrears of the former public assessments, having been presented and acted npon in the house of representatives, was read, and, —
Voted, in concurrance with that house. '[Approved June IS.
CHAPTER 6.
VOTE FOR GRANTING AN ALLOWANCE TO INCREASE MATHER, LATE AGENT FOR THE PROVINCE, TO BE PAID OUT OF THE NEXT PROVINCE TAX.
Voted, that y^ Ren'"'' m'' Increase Mather be pay.d the sum of fifty ponnds out of the publick Treasury of this Province over and above the Hundred ponnds he hath alreadie received, as a gratification for his service in his late Agency ; in England.
[1st Sess.] PiiOViNOE Laws (liesolvcs etc.). — 1G94-5. 49
Aud tluit the (ifty pounds which s'' m"' Mather took up in England belc)n_ii'ing to the I<\'llovvs of Harvard Colledge ])c payd —
And pray his Excellencic and Councill to order Ihe same accordingly out of the next Tax necessary suplies for souldiers &c being first made [^Concurred in by the Council, and approved June 10.
CHAPTER 7.
VOTE FOR GRANTING ALLOWANCES TO ELLSHA COOKE AND THOMAS OAKKS, LATE AGENTS FOR THE PROVINCE, TO BE PAID OUT OF THE NEXT PROVINCE TAX.
Voted That Elisha Cook Esq"" & m'' Tho : Oakes be paid the Surn of one hundred pounds a peice out of the Publick Treasury of this Prov- ince as a Reward for their service in their Late agency in England over & above what bath been already allowed them and pray his Ex'''' & Councill to order the same accordingly, out of the next Tax necessary supplies for sould" &c being first made. \_Approved June 19.
CHAPTER 8.
VOTE FOR GRANTING AN ALLOWANCE TO ICHABOD WISWALL, LATE AGENT FOR THE PROVINCE, TO BE PAID OUT OF THE NEXT PROV- INCE TAX.
Voted That ra'' Icabod Wiswell of Duxburrougli be paid the suin of sixty pounds out of the pnblidi: Treasury of this Province as a gratification for his service in a voyage to England at y" desire of y" late C4ovemmt and pray his Excy and Council to order the Same accordingly out of the next Tax necessary supplies for souldiers &e being first made \^Approved June * 19.
CHAPTER 9.
VOTE FOR GRANTING ALLOWANCES TO ELISHA COOKE AND THOMAS OAKES, LATE AGENTS FOR THE PROVINCE, TO BE PAID OUT OF THE NEXT PROVINCE TAX.
Wheras it appears by the acco- of Elisha Cook and Tho. Oakes Esqrs that they Received of m'' Stephen Masson of Lond" MercW the suin of one hundred pounds Sterli in th^ir late agency for which their Bonds are out to Repay at Six ^ Cent Intrest for for bearance and that there Remaines due to s** m'' Oakes upon a form'' vote in part of fifty pounds to be paid his family in his absence the Sum of twenty pounds and that m" Elisha Cook hath disbursted Thirty seven pounds ten shillings for their passages and accoinodations in their voyage from England.
Voted That the Sum of one hundred pounds sterli aud the Intrest and the other two Suin^ of twenty pounds & thirty seven pounds ten
* " July," in the original ; but evidently a clerical error.
50 Province Laws (7?e.so?ve.s e^c), — 1094-5. [Ciiai-s. 10-12.]
shilli he paid tlie s*" m'' P^lisha Cook & m'' Tho. Oakes out of the Pub- lick Treasury of this rrovince, out of the next Tax necessary sup- pHes for souldicrs &c being first made and pray liis Ex*"^ & Council to order the Same accordingly. [Approved June 10.
CHAPTER 10.
VOTE FOR GRANTING AN ALLOWANCE TO AMBROSE DAWES, A
WOUNDED SOLDIER.
In answer to the Petition of Ambrose Dawes
Voted that he be allowed Ten pounds out of the Publick Treasury in Consideration of Damage susteined In their ma"P' service by the loss of one of his Eyes and tliat he Come not for any farther satisfac- tion. [Approved June 19.
CHAPTER 11.
VOTE FOR GRANTING AN ALLOWANCE TO ANDREW JIAMILTON, POST- MASTER-GENERAL OF NORTH AMERICA, FOR THE ENCOUIiAGEMENT OF THE POST-OFFICE.
Upon keading the petition of Duncan Cam])boll in behalf of Andrew Hamilton, Esq'-, postmaster-general of North America, praying that some salary may be paid out of the public revenue of this province towards the support of the said office for some time, — .
Voted, in concurrance with the representatives, that, for the encour- agement of tlie said post-olllcc, tlierc be paid out of the pul)lic treas- ury of this province, unto the said Andrew Hamilton, Esq""-, the suin of twenty-five pounds per annum, for the space of two years next ensuing. [Apptroved June 20.
CHAPTER 12.
LETTER FROM THE GOVERNOR, COUNCIL AND REPRESENTATIVES TO THE LORDS OF THE PRIVY COUNCIL, ON THE PETITION OF SIR MATTHEW DUDLEY.
To the Right IIon'±; the Lords of their Ma.i"' ]\Iost Honlil'' Privy Council May it please yo'" Lord's
With our most humble & thankfull acknowledgcm* of yolLords^^' great fauour to their Maj''^ Subjects in New-Engi'' in glueing any of them (Soe remote) an Opertunity to Suggest to yo'' Lords?!!' the Incon- venienc37es w'^'' may attend the passing a Cluirter of Incorporation for the raiseing & gaining of Copper & all mine & mineralls as well Royall as other in New Engl'' & places ajacent, to Plant & Raise Hemp & flax to dig make & Provide Salt Peter, Salt, Pictch, Tar, Rozin, INIasts & Other Naval stores to deale & trade therin & in other the Comodity's of those Countryes & to Purchase Lands of Indians or
[1st Sess.] Pkovince Laws (i?e.so?w.s fite.). — 1094-5. 51
any other inli:ibit:ints in America w"' the Libertys Priiiilidges & Towers prayed by S"" JNIath. Dudley S"" Hump. Edwin «S= divers others, In obedience to yo' Lords!!!!' direction Signified to vs by our Worthy ffreinds S"" lien. vVslihnrst & uY Con : Phips
Wee doe w"> al Imniility Lay before yo"" Lordsf^J!^ That M^ Attnrny Genr'.' haucing in liis rei)ort to the Right Hon''!" the Lords of tlic Comittee for Trade & Phiutations Certified the In Consistancy of the Petitioned Grant av^'' y'' lloyal Charters already Granted by their Present Maj"' & their Poyal Predisesso's. to the Sever" Provinces & Collonyes in New Engl*^ & Places adjacent ; Alsoe how Prejudicial the Priviledges & Powers prayed for might be to their Maj"' Intrest w"' respect to the Goverm' of the Counfy & otherwayes And that there- fore the Petitioners have Waved, Declined & doe not Insist on most of the ten heads proposed for their Charter Yet Pray to be Incorporated w* such Capacitys Libertys & Powers as is Set forth in y'^ said Repoi't & abovementioned
Wee shall Only further offer to yo'' Lords^^
That all their Maj"' Subjects either Singlely or in Comp'' in joynt stocks haue & always had free liberty of Trade, fishing, Building ships Working raiseing & Gaying Such Comodity as they thinck JMeett, & their ships when distressed haue been releived Supplied & Secured to them, & are vnder noe restraint therein Other then the Acts of Par- liament for trade & Navigation — And we Humbly Conceive that for the Better gaining the Comoditys mentioned & at Easier Rates it is Reqiiisitt that the Petitioners be w"' respect to Trade & "J in Equal Con- dition & vpon the Same Levell w*'' other their Maj''' Subjects Otherwise w"' soe great a Stock as is proposed the Trade of the Country will Soon be Ingroced & the Comoditys thereby Advanced to the vtter Ruin of the first Planters, who that they might ffree themselves from the Yoake of Arbitrary Power then Prevailing & to Augment the Domin- ions of the Crown of Engl'' at their Own Cost Transported themselves & family s into this Wilderness, Subdued Planted, Governed & w* their lives & Estates Defended and are still to their great Impoverish- ing defending it ag- their Maj''' Cruel & Treacherous Enemies & Con- sequently all other Traders will be Discouraged w'''' must needs be very Pejudicial to their ]Maj["' & the*] Nations Intrest —
And should the Petitio? be Incorporated they can make noe Settlem' to accomplish the ends propounded w*out Acquireing to themselves Considerable Trackts of Land, & Many of their Maj"' Subjects hereto- fore not being Soe Carefull as to Secure their Titles to there Lands ag' the Strickt & Narrow Inquission of the Law & in many Places hold them by litle better then bare Possession & many of them by the distressing Wars w"" the Indians driven out of their Possessions for sever" yeares & how Long they may Soe Continue God only knowes ; Now if the Petitio'"' can but inable themselves to make but a pre- te[nce]* of title to such Lands or any Other Estate who will be soe hardy & Dareing or can Probably be able to wage Law & Cope w"' soe Opulent a Corporation —
That the first Planters of the Collonys in New Engl"^ were soon made sencible of y" great Inconveniencys and Mischeifs that acrued to them by the liberty souie persons Tooke to Purchase Land of the Indians whereby the setling of Townships in Convenient Places was hindered & themselves drawn into Littigious Suits & Controversyes by reason of the many pretended & vncertain Titles of the Natives And therefore did for prevention therof Provide by a Law that noe Purchase of Lands
* Manuscript mutilated.
52 PuoviNCK Laws (7?ew?ye.s e/c). — 1G94-5. [Chaps. 13, U.]
from the Indians shonld be Good & Vallid in the Law w"'ont Lisence first Iiad & Obteined from the Genr" Conrt of the respective CoUony for the pertic'uler Trackt soe intended to be Purchased ; And slifnild that Good & Avholesome Establishm' lie voided either by Grant to the Petitio''s or otlierwise many familys & indeed whole Towns Might thereby be vtterly mined or att best embroyled in Endles Contests.
Wherefore We humbl}' depend upon their iMaj''." Grace and Favour That these their Planta""."' already labouring under lieavy pressures may not by such a Grant be discouraged, and necessitated to conflict with y'' manifold inconveniences conse(]uent thereof as is herein before briefly hinted at & otherwise all w'.'" is humbly submitted by
Yo"" Lord[lII2 most humble & obedient servants.
The Govf Council and Assembly of their Maj''r Prov- ince of the Massachusetts Bay in New England. [^Signed by the Governor^ and by the Speaker in the name and by order of the Representatives, June 20.
CHAPTER 13.
VOTE FOR GllANTTNG AN ALLOWANCE TO WILLL\M HLATHWAYT, AUDITOR-GENERAL, IN ENGLAND, FOR HIS SERVICES TN FASSTNO THE ACCOUNTS OF THE PROVINCE.
Voted, and Granted-/. That there be paid unto the Ilon*^*^ William Blathvvayt Esqf their Majl'''' Auditor General, the Sum of One hundred pounds Sterl. for his Service referring to the passing of the accompts of this Province. And his Excy. and Council are desired to take care that it be accordingly remitted and presented to him, m'' Treasurer to make provissiou for the same out of the Publick Revenue-/- {^Approved June 21.
CPIAPTER 14.
VOTE FOR GRANTING ALLOWANCES TO SIR HENRY ASHURST AND CONSTANTINE PHIPPS, FOR SERVICE PERFORMED IN ENGLAND FOR THE PROVINCE.
Voted and Granted, That there be paid unto Sr Henry Ashhurst Baronet and m! Coustantiue Phipps the Sum of One hundred pounds Sterl. Each, in Acknowledgement of their kindness and Service in appcariug and interesting themselves in the Affayres of this Governm* in England ; And that two hundred pounds Sterl. more be put into the hands of the said GentV to Enable them to pursue the same as there shall be occasion. And his Excy and (council are desired to take care that the s'? money's be remitted unto them out of the publick Kcvenue of this Province with so much advance as is necessary to make the difference of money betwixt this place and England. \^Approved June 21.
[IsT Sess.] Province Laws (^Resolves etc.) . — 1(51)4-5. 5o
CHAPTER 15.
VOTE I'Oll ORDERING THE IMMEDIATE COLLECTION OF ARREARS OF TAXES IN HAMPSHIRE COUNTY, EXCEPT IN ENFIELD AND SOUTH- FIELD.
A IvEi'ouT of a committee of the house of representatives, with the vote of the house thereou, for stating the acc'^- of the arrears of rates of the several towns in the county of Hampshire, and the baUance due from all the said towns, amounting to eighteen hundred fifty-seven l)Oun(ls three shillings and a penny, as stated by the said committee, to be fortliwith paid in to the treasurer in money or bills of creditt or otherwise to his content, all except Enfeild and Southfeild, whicli are suspended until the sessions of this court in ]May, 1G!J5; and that Stebbins, late constable of Springfield, when their proportion to the rate of £24,000, was assessed, be and is ordered and obliged to collect the same, was read and, —
Voted^ in concurrance with the representatives. \_Ax)x^roved June 21.
CHAPTER IG.
VOTE FOR POSTPONING PAYMENT TO THE PROVINCE TREASURER OF ARREARS OF TAXES COLLECTED BY SIMON WILLARD, A CON- STABLE OF SALEM.
A VOTE of the liouse of representatives that the treasurer do for- bear Capt. Simon Willurd, one of the constables of Salem, in the year 161)0, for about thu-ty pounds of the assessment committed to him, standing out in arrears, untill May, 1695, was read, and, —
Agreed to by the vote of the council. [^Approved Jane 21.
CHAPTER 17.
VOTE FOR AUTHOfllZING THE GOVERNOR AND COUNCIL TO TAKE MEASURES TO RENEW FRIENDSHIP WITH THE MAQUAS AND OTHER WESTERN INDIANS, AND FOR DEFRAYING THE EXPENSES OF AGENTS, ETC., FOR THAT PURPOSE, AND FOR REQUESTING THE COOPERATION OF CONNECTICUT THEREIN.
Voted, That it be left with y^ Gov' and Council to take such proper Measures as they shall thinke most advisable to renew the ancient ffriendship alwaies continued betwixt their Maj-''^' Subjects of this Province &? and the Maquas and other Nations of the "Western Indians, and to Imploy and Instruct two meet ^sons to transact with them and a Present to be made them not exceeding two hundi'ed pounds ; which together with the incident charges attending is Granted to be defreyed out of the Publick Revenue and that the Government of Connecticutt be applyed to for their joyning and assisting in this affayre. \_App)ro'ved June 22.
54: PiiOVLNCE Laws {Resolves etc.) . — 1(51)4-5. [Chaps, ly, I'J.]
OHAPTEK 18.
VOTE* FOll GRANTING AN ALLOWANCE TO JAMES TAYLOR, TREASURER OF THE PROVINCE, FOR HIS SERVICES DURING THE PREVIOUS YEAR.
Voted That the Treasurer m"" James Taylor be allowed & paid two hundred & fifty pouuds for his labour & paius in his last years service. {^Approved Jane 22.
CHAPTER 19.
VOTE FOR APPOINTING A JOINT COMMITTEE TO AUDIT AND RECTIFY ERRORS IN THE OFFICIAL ACCOUNTS OF JOHN PHILLIPS, LATE TREASURER OF THE COLONY, AND TO GIVE HIM A DISCHARGE, ETC
Voted That James Russell, Elisha Cooke, Samuel Sewall and John Foster Esq" with m' Kichard Middlecutt Captain Nathaniel Byfield, Major Penn Townsend and m- James Taylor Be and hereby are ap- point'-' and Impowred a Committee to revise tlie accompts of the Treasury of the late Colony of the Massachusetts, and to rectify all such Erro" & mistakes as shall appear therein ; whicli were not taken notice of by the former Committees or otherwise, and upon adjusting of the s"^ accompts to Signe and Seal a discharge to John Phillips Esq^ late Treasurer, takeing sufficient Bond of him to make good whatsoever shall be made appear to have been received by him or his Order and not accompted for \_Ap)prov€d Jane 22.
* By tbo Council Records this vote appears lo have been signed by the Governor, June 22; but the original vote in the archives (vol. 100. p. 473) is not signed, and bears date Juno fi. The inferi.'ncc is that the (iovernor did not declare his assent until sixteen days after its i)assagc, and then may have signed the Secretary's minutes — a practice not uncommon.
[2d Sess.] PuoviNCE Laws {Iteaolves etc.). — JGU4-5. ^^
VOTES
Passed at the Session begun and held at Boston, on the fll'tii day of september, a. d. 1 694.
CHAPTER 2 0.
VOTE FOR NOTICE TO THE SELECTMEN OF WATERTOWN, UPON A PETITION FOR LIBERTY TO ERECT A MEETING-HOUSE IN THE WEST END OF THAT TOWN, AND APPOINTING A COMMITTEE TO HEAR THE SAID SELECTMEN AND THE PETITIONERS. [Airproved September 7.
[^Printed ivith resolves, orders, etc., relating to the estahlisJtment, etc., of torois, etc.']
CHAPTER 21.
VOTE FOR A COMMITTEE TO RUN THE BOUNDARY LINES BETWEEN CONCORD, CHELMSFORD, BILLERICA, WAMESIT, AND THE BLOODS' FARMS, ETC., AND TO REPORT WHETHER THEY FIND ANY UN- GRANTED LANDS REMAINING THERE. [Approved September 11.
\_Printed'witli resolves, orders, etc., relating to the establishment, etc., of toivns, etc.]
CHAPTER 22.
VOTE FOR EXEMPTING THE ST. JOSEPH, A PRIZE SHIP, AND HER CARGO FROM ALL DUTIES AND IMPOST.
Upon Reading the Petition of Captain Robert Glover Coiiiancler of the Sloop Dragon a Private man of War on behalfe of himselfe and the Owners and Company of said Sloop ; Praying the ffavonr of this Court, That a Prize Ship named the S- Joseph, Laden with Wine, Brandy and other Merchandizes, lately taken by them from the Sub- jects of the French King in the mouth of Canada River, and brought into this Province, may be freed from all such Imposts and Duties as are imposed and laid upon all or any part thereof by any Law of this Province. —
Voted, That the said Prize Ship with all the Goods Wares and Merchandizes taken in her, be discliarged and freed from all Dutys and Impost required by any Act of this Government-/. \^Approved September 14.
56 FnoyiNCB L>\yvs {Besolves etc.). — 1694-5. [Chaps. 23-25. J
CHAPTER 23.
VOTE FOR SENDING TO LONDON A SHIPLOAD OF NAVAL STORES FOR THEIR MAJESTIES' SERVICE, AND FOR A CO.MMITTEE TO PROCURE THE SAME.
Upon Heading a Letter from the R' Hono*!" yf Lords of their Maj"P' most Hon*:^ Privy Council, directed unto the Governr Deputy Governr Council and General Assembly, to Encourage and assist the proposals made by S! Henry Ashhurst and Sf Stephen Evance, withiu One year if possible to bring to the Port of London for their Maj"." Service a Ship Load of Pitch, Tarr, Rozin, Plank and knee Timljcr ; with an account attested under the hands of y* Governor and Assembly, what (^uantitys thereof they will undertake to send Yearly,
Voted, That A Ship Load of the Naval Stores above-mentioned, be provided with what Speed may be at the charge of the Publick, to be sent within y':- Compass of the Year if possible And that Col"Gedney, Col" Hutchinson, Major AYalley and mf Treasurer be a Committee to procure the said Stores, and a Ship to transport them ; And that m- Treasurer be Enabled to pay for the same ■/. [^Aj^proved September 18.
CHAPTER 24.
VOTE FOR ABATING THE SUM OF FIFTY POUNDS ERRONEOUSLY AS- SESSED UPON THE TOWN OF IIADLEY IN THE TAX ACT PASSED BY THE ASSEMBLY AT THE SESSION BEGUN AND HELD ON THE SECOND DAY OF MARCH, A.D. 1692-3.
£
Upon Consideration of y*^ Assessm' to y" 30000 Tax Upon y' Town of Hadly & findeing a Reall Ero^ Overchargeing them liftie pouuds
Voted, that y*^ s"^ Town be abated s** Sum of liftie pounds & the for- mer Vote of this house abateing y"" but thirtie pounds of s** Ero"" is Null & voyde, [Approved September 21.
CHAPTER 25.
VOTE FOR APPROPRIATING FOUR HUNDRED AND EIGHTY POUNDS, FOR PROCURING NAVAL STORES, ETC.
Foii THE Beter Inableing the Treasurer to procure A Shipload of Navall Stores ordered By this Court to be Sent to England.
voted that fouer hundred & Eighty pounds that is yet Remaining of the Six hundred Seuenty flue pouuds New England money which v/as ordered to be Remitted to S' Heury Ashurst be Improued to the End aboue s*^ & that the Treasurer out of the Tax now Granted doe make vp the s"^ Sum one thousand pounds or there abouts \_A2)proved September 21.
[3d Sess.] ViioyiNCE hAyfs {liesoluea etc.). — lG"J4-5. 57
VOTES. ORDERS AND ADDRESS
Passed at the Session begun and held at Boston ON the Sixteenth day of October, A. D. 1694.
CHAPTER 26.
VOTE FOR APPROVING THE ACCOUNT OF THE COMMISSIONERS TO
ALBANY, ETC.
The account of the comissiouers lately employed to Albany, amounting to the sum of ninety-nine pounds twelve shill-^- and six- pence, being laid before the com't by Samuel Sewall, Esq''-, and Major Penn Townsend, two of the said comissiouers, was presented, —
Voted and approved of, to be paid out of the publick treasury. [Approved October 19.
CHAPTER 27.
VOTE FOR ABATING TWENTY POUNDS ASSESSED ON THE TOWN OF WENHAM IN THE PREVIOUS TAX ACT
Voted that the Town of Wenham being by a mistake in the form'' Tax over Rated they shall be allowed twenty pounds in the next assesm' that shall be graunted. [Approved October 19.
CHAPTER 28.
ORDER DIRECTING THE PROVINCE TREASURER TO ISSUE TO THOMAS METCALF AND SAMUEL GUILD WARRANTS FOR COLLECTING ARREARS OF TAXES IN THE TOWN OF DEDHAM, AND REQUIRING THE TOWN TO PAY THEM FOR THEIR SERVICES.
Whereas Thomas Metcalfe and Samuel Guild were formerly ap- pointed and Impowred Collectors within the Town of Dedham to gather in the arrears of all such Rates as were committ'^ unto James
58 PROVINCE Ijaws (Hesolves etc.). ^l(j^JA-5. [Chaps. 29-31.]
Thorp Constable of s^ Town dece^ But have not hitherto been Enabled by any warrant to collect the same or to make distress in case of default.
Ordered, That m- Treasui-er do grant his warrant unlo the said Col- lectors for the gathering in of the s'^ Arrears containing such powers and Authority & as the Laws provide for the gathering in of any Assessments since made, And that the Town do make them reasonable allowance and Satisfaction for their trouble & Service in this Affayre. /. \_Approved October 19,
CHAPTER 29.
VOTE FOR ALLOWING TWENTY POUNDS TO THE TOWN OF LANCASTER, TO REIMBURSE EXPENSES OF FORTIFYING, ETC.
Voted, In concurrance with the house of representatives, that the town of Lancaster, a frontier, in consideration of their great charge of fortifying themselves, be allowed the sum of twenty pounds out of the tax lately granted. \^Approved October 20.
CHAPTER 30.
VOTE FOR ABATING TWENTY-FIVE POUNDS ASSESSED ON THE TOWN OF GROTON IN THE PREVIOUS TAX ACT, AND FOR POSTPONING THE PAYMENT OF THE REMAINDER.
Upox reading the Petition of the Inhabitants of Groton Setting forth their great distress and impoverishm- by reason of the desolations made upon them by the Enemy. Praying to be Eased and abated of their proportion to the last publick Tax or Assessm- amounting to the Sum of Fifty pounds.
Voted, That the said Town be abated one halfc of the afores^ Sum of Fifty pounds, and that m- Treasm'er do Suspend the calling for the other halfe until the Fifteenth day of December next. The Assessors forthwith to proportion the same upon their Inhabitants and to com- mit the List thereof unto their Constables, that so the}' may be col- lecting [Approved October 22.
CHAPTER 31.
VOTE FOR POSTPONING PAYMENT OF THE TAX ASSESSED UPON THE TOWN OF OXFORD, IN THE PREVIOUS TAX ACT.
In answer to the petition of the Constable of Oxford
voted That the Treasurer suspend the Calling in the last Tax laid
on s'' town of Plight pound six shillings tell may court next [Approved
October 2o.
[3d Sess.] ritoviNCE Laws (^llesolves etc.). — 1GU4-5. 59
CHAPTER 32.
VOTE FOR A15ATING TO THE TOWNS OF YORK, KITTERY AND WELLS THEIR PROPORTION OF THE LATE PROVINCE TAX.
Upon a Rkpiiesentation made of the impoverishment of the Coiiuty of Yorke by reason of the great desolations made upon them lying Frontier to y'' Enemy, and the Inhabitants there being taken off from their buisness, and constantly upon duty for their defence
Voted and Granted^ That the seu'al Towns of Yorke Kittery & Wells be abated their respective proportions to y° late Tax or Assessment. \_Ap2)roved October 23.
CHAPTER 3 3.
VOTE FOR ALLOWING TWENTY-TWO POUNDS EIGHT SHILLINGS TO CAPTAIN SAMUEL WHITE, TO BE DEDUCTED FROM HIS PROPOR- TION OF PROVINCE TAXES.
Upon reading the petition of Capt. Samuel White praying an allow- ance for himselfe and twenty-sis troopers under his command, imployed in their maj"'''- service for the defence of the frontiers, and for labour and charge of himself and several men employed about the casting of great shot for their maj'''^''- service, —
voted that the suiii of twenty two pound Eight shillings be allowed to Cai)' Sam^ white out of his ^portio to y'' sever' ^vinc Rates that are or shall hereafter be laid upon him : vntill y*" sum aboves*^ be sattisfied {^ApjJroved October' 26.
CHAPTER 34.
VOTE AUTHORIZING A COMMITTEE TO ENGAGE FOR THE TRANSPOR- TATION OF NAVAL STORES TO ENGLAND, AND DIRECTING THE PROVINCE TREASURER TO PAY FOR THE SAME.
Voted, That Col? Bartholomew Gedney, Col? Elisha Hutchinson, Major John Walley, and ra": Treasurer the Committee appoint? by this Court to provide a Ship Load of Naval Stores to be sent into England. Be and are hereby Empowred * to take effectual care for the speedy transportation of the same by takeing up or agreeing for a sutable Ship upon hire, ffreight or otherwise interesting the Province therein on tlie best Terms they can, and in such manner as they in their prudence shall judge most for advantage of the Publick, And that m- Treas- urer by order of the Governor with advice of the Council do disburse and pay out of the late Tax the Sum of One Thousand pounds (or more) if needed to P^ffect the same, for the cost of the said Stores, and towards their Transportation (including the Sum of ffour hundred and Eighty pounds remaining of the mouys formerly Ordered to be remitted unto S- Henry Ashhurst.*) according to a former Vote of this Court. \_Approved October 27.
* In the copy of records in tbe State Library, the former of these words is " appointed," and the latter is " Ashurst."
GO Province Laws {Resolves etc.). — 1694-5. [Chaps. 35-38.]
CHAPTEK 35.
VOTE FOR ABATEMENT OF TAXES COMMITTED FOR COLLECTION TO JAMES SAMSON AND LETTIS JENERY, LATE CONSTABLES OF DART- MOUTH.
Upon Reading the Petition of James Siimsou and Lettis Jenery late Constables of Dartmouth, Praying an allowance and abatem' upon y*" arrears of the Rates formerly committed unto them by reason of divers of the Inhabitants of y*^ s'' Town being removed and others rendred uncapable to pa}'.
Voted, That the Sum of nine pounds one shilling and Eight pence of the proportion committed unto s'-* Samson be sunk upon the- Province, and the s'-' 'J'own of Dartmouth are judged to make good, and assess their Inhabitants for Six pounds more of his proportion ; As also the Sam of flive pounds Eight shillings and ten pence of that part or pro- portion comraitt-' unto s'-' Lettis Jenery. And that the Treasurer make up accompts with them accordingly, and grant warrants to y*" Select- men or assessors of s'- Town to assess what is hereby judged to be the Towns due, as by a former act of this Court is provided. [^Ajiproved October 27.
CHAPTER 36,
ADDRESS BY THE COUNCIL AND REPRESENTATIVES, TO KINO WILLIAM AND QUEEN MARY. [Ordered to be signed, October 31 .
CHAPTER 37.
VOTE FOR ALLOWING ONE HUNDRED POUNDS TO ISAAC ADDINGTON, SECRETARY OF THE PROVINCE, FOR HIS EXTRAORDINARY SER- VICES IN THE YEAR 169i-5.
Tnis HOUSE taking into Consideration the Great Labour Trouble & Charge of Issace Addington Esqr secretary of this Province & the Inconsiderable Reward (that hath acrued by the Fees & perquisites) in proportion to his paines
Voted That y'' s*^ Issace Addington Esq" bee Allowed out of y'^ Pub- lick Treasury the suin of one hundred pounds money for his Extraor- dinary service in this year 1094 : to y" last Wednesday of may next 6c pray y'his Exl^ & Council will order it accordingly [Concurred in by the Council, and approved October 31.
CHAPTER 38.
VOTE FOR ALLOWING FIFTY POUNDS TO INCREASE MATHER FOR HIS SERVICES AT HARV.IRD COLLEGE DURING THE PREVIOUS YEAR.
Voted, In concurrance with the representatives, that ^V- Increase INIather be paid by M"'- Treasurer the sum of fifty pounds, for his pains and labour at the collcdge the last year. \_Approved November 1.
[3i> Sess.] Province Laws (Jiesolves etc.). — lG*J4-5. (jX
CHAPTER 39.
VOTE FOR EXEMPTING OPEN FISTIlNO-nOATS FROM THE DUTIES OF
TONNAGE OF SHIPPING.
Upon reading the Petition of sundry of the Inhabitants of IVfarblc- licad on behalfc of s'- Town, Praying tliat they may be eased of the duty of Tunage for tlicir Fisliing Shallops and tiiat they may ouely be considered and taken in as other ratable Estate
Voted., That all open Ushing Boats be abated of the said duty of Tunage and tiiat they pay onely to the Publick as other ratable Instate, according to the valuation set by the Act or Acts of this Court for the granting of Publick Taxes and no otherwise./ \_Approved Novem- ber 3.
CHAPTER 40.
VOTE FOR ALLOWING COMPENSATION TO NATHANIEL WARE, CON- STABLE OF WRENTHAM, FOR TRANSPORTING CORN IN THE YEAR
1G91.
Voted that their be allowed to Nath! Ware Cons'^ of Wrenthara for Transportation of one hundred seventy six * bushells & an halfe of C'o)*n paid in, in the year 1)1 : on ace" of the ten Rates according to Law or ussage in s*^ Time at six pence ;ip Bush* \_Approved Novem- ber 3.
CHAPTER 41.
VOTE FOR APPROVING THE ACCOUNTS OF JAMES TAYLOR, TREASURER AND RECEIVER-GENERAL OF THE PROVINCE, OF THE ARREARS OF PUBLIC TAXES TRANSMITTED TO HIM BY THE LATE TREASURER OF THE COLONY.
M'' James Taylor Treasurer and Receiver General having pre- sented his accompts of arrears of y'^ publick Rates made in y*^ time of y^ former Government Transmitted unto him by John Phillips Esq"" late Treasurer &? Amounting to y"^ suib of Nine thousand seven lunidred »& seventy two pounds nine shillings As standing out and unaccounted for at that time And the same being Inspected and Examined by a Committee appointed by y*^ House of Representatives who have Reported thereon that y'^ several! Articles of pajanents made by the Treasurer Charged in y'' said Accompt amounting to y" snm of four thousand five hundred ninety and four pounds five shillings & five pence In part of the said Nine thousand seven hundred seventy two pounds nine shillings. Are made good by orders and vouchers.
Voted : That y*" said Accompts be Approved and Allowed of And that y<^ said James Taylor Treasurer be and hereby is discharged of and from y" said suiii of four thousand five hundred ninety four pounds five shillings and five pence — £4594/5V5'^ \^Approved November 3.
* " One hundred twenty-six " in the copy of records in the State Library.
02 Province Laws {Resolves etc.). — 1694-5. [Chaps. 42-44. J
CHAPTER 42.
VOTE FOR ALLOWING TEN POUNDS TO EBENEZER PROUT, CLERK OF THE HOUSE OF REPRESENTATIVES. FOR HIS SERVICES.
Voted^ In coneurrance with the house of representatives, that M' Eben''- l*rontt be allowed and paid out of the public treasury of this province, the sum of ten pounds, in full, for his service as clerk of said house, he recording the several votes, minutes and acts of that house till May next, fair in the books. [^Approved November 3.
CHAPTER 43.
VOTE FOR ALLOWING TEN POUNDS TO WILLIAM TOMSON, A WOUNDED
SOLDIER.
Upon reading the petition of William Tomson, who was wounded in their maj''""'- service, prajdng that some allowance may be made him, —
Voted^ In coneurrance with the house of representatives, for ten pounds to be paid out of the public treasury, into the hands of M"" Timothy Thornton, to be by him imployed to the use of said William Tompson, towards cloathing of him and his cure. [Approved Novem- ber 8.
CHAPTER 44.
ORDER* FOR PAYING TWELVE POUNDS FOURTEEN SHILLINGS TO HENRY EMMES, MESSENGER OF THE HOUSE OF REPRESENTATIVES, FOR HIS SERVICES, ETC.
Pursuant to an act of the general assembly for ascertaining the fees of the messengerf attending the house of representatives, and a votej of that house that the governour and council be desired to order the payment of twelve pounds fourteen shillings unto Henry Eames their messenger for his service in journeys and attendance, fifty-eight days until the third of November last past.
Ordered^ That M'- Treasurer do accordingly pay unto the said Henry Eames the above sum of twelve pounds, fourteen shillings. \_Approved December 5.
* This order is from the Executive Records of the Council, vol. 2, p. 298. It is inserted here in lieu of the missing vote of the House, upon wliich it is founded.
t Province Laws. vol.L, 1(51)4-"), chapter 4, ante.
X No record of this vote has been found, nor h.as the oriirinal iKJcn discovered in the archives; hut tliar the money was actuallx- paid according to the above order, appears in tlio Tivasurer's hooks. — Archices, vol. J 22, p. 39.
[4tii Sess.] Province Lxwii (Uenolves etc.). — l(i'J4-5. 03
VOTILS AND ORDERS
Passed at tiii': Session begun and held at Boston, ON Tiiii; Twenty-seventh day of February,
A.D. 1694-5.
CHAPTER 45.
VOTE FOR NOTIFYING THE SELECTMEN OF CONCORD, CHELMSFORD, AND BILLERICA, AND OTHERS, TO APPEAR AND SHOW CAUSE AGAINST THE GRANTING OF CERTAIN VACANT LANDS. {Approved March ], 1604-').
\_Printeil wilh resolves, orders, etc., relating to the establishment, etc., of towns, ete.]
CHAPTER 46.
ORDER APPOINTING A COMMITTEE TO VIEW THE GRANTS AND CLAIMS OF THE TOWN OF REHOBOTH, AND ITS BOUNDARY ON THE TOWN OF ATTLEBOROUGH, AND TO REPORT THEREON. [Approved March .5, 1694-5.
\_rrmte(l vjith resolves, orders, etc., relating to the establishment, etc., of towns, etc.'\
CHAPTER 47.
VOTE AUTHORIZING SHEARJASHUB BOURNE TO PURCHASE OF THE INDIANS CERTAIN LANDS IN SANDWICH AND WAQUOIT. [Approved March 3,1694-5.
[Printed with resolves, orders, etc., relating to the establishment, etc., of toums, etc.^
CHAPTER 48.
ORDER REQUIRING TOE PROVINCE TREASURER TO ALLOW TO DAVID MORGAN, FORMERLY CONSTABLE OF SPRINGFIELD, THE SUM OF TWENTY POUNDS FOURTEEN SHILLINGS AND TENPENCE, FOR LOSSES AND EXPENSES ON GRAIN TAKEN BY HIM AS COLLECTOR.
Upon TxEading the Petition of David Morgan late Constable of Spriugfiekl, Praying that he may be allow, for wastage charge of
04 PitoviNCE Laws (i?eNoZi;es ete.). — 10<>4-5. [Chaps. 4'.l-51.]
transportation and other Expences for the preservation of sen'"al Quantities of Graine by him received in payment of seu''al rublick Rates or Assessm'' eomitted unto him to collect in tlie year. ICJl.
Ordered, That m^ Treasurer do allow unto the said INIorgan n|)on makeing up the accounts of his arrears of said Rates, on the Consid- erations afores'^ the Sura of Twenty pounds ffourteen Shillings and ten pence, said Constable to make good all the remainder of said arrears. ^Ap2rroved March 7, 1694-5.
CHAPTER 49.
ORDER DIRECTING THE PROVINCE TREASURER TO MAKE ALLOWANCES TO CONSTABLES, FOR TRANSPORTATION OF GRAIN RECEIVED FOR TAXES.
AViTKREAS there are snndry Acco".' yet depending relating to the Arrears of publick Rates or Assessments vf"^ were granted in the year. 1(589. and since by the late former Government for allowances to Towns, Constables & particular persons by Order of the General Court or Gov^ & Council tben in being, and customary allowances for transportation of Grain received in publick Assessments.
Ordered, That m' Treasurer upon makeing up the Accompts of Arrears of those Rates with the Constables of the several Towns doe malce all just & reasonable allowances as afores"? It being made ap[)ear to him that y" same have not been already allowed and paid. [^Approved March 8, 1694-5.
CHAP TEE 50.
VOTE FOR GRANTING TO NATHANIEL THOMAS A PIECE OF LAND IN THE TOWN OF PLYMOUTH ADJACENT TO HIS. MESSUAGE AND THE COURT-HOUSE. [Approved March 0, 1694--,.
\^Printed loith resolves, orders, etc., relating to the establishment, etc., of toivns, etc.']
CHAPTER 51.
VOTE FOR APPROVING THE ACCOUNTS OF JAMES TAYLOR, TREASURER AND RECEIVER-GENERAL OF THE PROVINCE, FROM JUNE 29, 1093, TO JUNE 29, 1G94.
Tin: Accompts of M] James Taj^lor Treasurer and Receiver Gen- erall of this Province, beginiug the 29".' day of June 1693. and con- tinned nnto y° 29'-'' day of June 1694 amounting unto the sum of Twenty four thousand three hundred fifty three pounds nine Shillings & five pence halfe penny haveing bin presented and laid before the house of representitives, and Inspected by the said house, by which it appears there was standing out on the s'.' 29*!' day of Juno 1694 y? vSum of four thousand One hundred fifty Eight pounds Six Shillings & Seven pence to be drawn into the Treasury and further to be accompted for. —
[4tii Sers.] PitoviNCR Laws (Resolves etc.). — l'')04-5. G5
Voted, Tliat the said Accoinpts in tlio SeveniU Articles of i-eceipts .111(1 [):iyiiients tiuiniiii ineivtioned ainoiiiiting unto the sum of Twenty thousand One hundred ninty five pounds two Shillings &, ten pence lialf penny bee and hereby are approved and allowed of; [^Apprn'^^ed March 14\ 1694-5.
CHAPTEK 52.
VOTE FOR ALLOWING ONE HUNDRED AND FORTY POUNDS TO WILLIAM STOUGHTON, TO REIMBURSE IIIM FOR ADVANCES MADE IJY IIIM IN ENGLAND ON BEHALF OF THE PROVINCE.
Upon reading the petition of the Hon"'^- William Stoughton, Esq""- moving for an order to be paid the value of one hundred and forty pounds, which ho advanced and paid of his own money for the dis- charge of moneys in England, taken up for the service of the late colony of Massachusets, —
Voted, In concurrance with the house of representatives, that the sum of one hundred pounds be paid out of their maj'"''''- treasury unto the said William Stoughton, Esq'"-, in consideration thereof. [Approved. 3farch 15^, 1694-5.
CHAPTER 53.
VOTE FOR APPROVING AND ALLOWING THE PROVINCE TREASURER'S ACCOUNT OF BOUNTIES PAID BY HIM FOR WOLVES' HEADS.
An accompt of the sum of three hundred and twenty pounds ten shillings, paid by M""- Treasurer in pursuance of the act of the general assembly, on account of wolves killed, was laid before the council and assembly, and by their vote approved and allowed of. [Ajijwoved March 15, 1694-5.
CHAPTER 54.
VOTE FOR ALLOWING THE PROVINCE TREASURER'S ACCOUNT OF THE AMOUNT DUE ON UNENDORSED BILLS OF CREDIT DELIVERED TO HIM BY SUNDRY PERSONS.
]VP. Treasurer laid before the court an accompt of what is due to sundry persons for bills of credit unendors't, delivered by them into the treasury at the nett value for which they are not yett allowed, amounting to the sum of ninety-six pounds three shillings, —
Voted, In concurrance with the bouse of representatives, that the said accompt be and is allowed. [Approved March 15, 1694-5.
66 Province Laavs {Resolves etc.) . — 1G94-5. [Chaps. 55-58.]
CHAPTER 5^.
ORDER ALLOWING AN ACCOUNT J^XIIIIJITED BY THE PROVINCE TREAS- URER, RELATING TO TOWNS, CONSTABLES AND PARTICULAR PER- SONS.
An accompt of several matters depending, wherein the treasury is concerned, relating to towns, constables and particular persons, laid before tlie court by M"" Treasurer, for their directions and orders to himselfe tlierein, were determined and, —
Ordered, as stated in the said accompt, and transmitted to the treasurer. \_Approved March 10, 1694-5.
CHAPTER 56.
VOTE FOR ALLOWING COMPENSATION TO CALEB RAY, KEEPER OF THE PRISON IN BOSTON, FOR THE KEEPING OF INDIAN HOSTAGES AND PRISONERS.
An accompt was presented from Caleb Ray, keeper of their maj''"'- prison in Boston, for his charges in keeping of the Indian hostages and other Indian prisoners, etc., —
voted upon Terussall of the above ace' the house of Representatives vote and paste in the affirmative that Caleb Ray be pd out of the publick treasury of this province the sum of ninteen poud thre shil- lings & on peny* [^Conc^trred in hy the Council, and approved March 16, 1694-5.
CHAPTER 5 7.
VOTE FOR ALLOWING COMPENSATION TO JAMES MAXWELL, DOOR- KEEPER TO THE GOVERNOR AND COUNCIL, FOR HIS SERVICES IN THE YEAR 1691-5.
Voted and Granted That James IMaxwell Door-Kecper and mes- seng^ be paid out of the Publick Treasurey after the Rate of thirty Pounds ^ annum for his service in attending the Govern'' & Council this year [^Approved March 16, 1 694-5.
CHAPTER 58.
VOTE FOR ALLOWING COMPENSATION TO EBENEZER PROUT, CLERK OF THE HOUSE OF REPRESENTATIVES, FOR HIS SERVICES IN THE YEAR 1694-5.
Voted and Granted That there be paid out of the Publick Treasury of this Province to Ebenezer Prout (]!lerk to the house of Representa- tives the sum of three shillings ^ Diem for Each Day of the session
* In both copies of the records this amount is given as " £19 Is. Zd."
[4tii Sess.] Pkovincr Laws (Jiesolves etc.) . — 1094-5. G7
& sessions of the assembly's seting in the year 1G94 to the Disolvcing of this assembly. And as to the Entering Votes, Grants, and Acts, past by the Assembly, to be allowed, at the next session, or sessions, (as they) shall se cause to grant for the same when finished [Ap- proved March 16, 1694-5.
CHAPTER 59.
ORDER FOR ArPOINTING APRIL 25, 1695, AS A DAY OF GENERAL
FASTING AND PRAYER.
Ordered, by the vote of both houses, that there be a general fast upon the twenty-fifth day of April next, the I'-govcrn''- and council to prepare a bill accordingly. [Passed March 16, 1694-5.
CHAPTER 60.
VOTE FOR REQUESTING THE REVEREND SAMUEL TORREY TO PREACH THE ELECTION SERMON MAY 29, 1695.
A A'OTE was sent up from the representatives that the Rev"^ M'* Samuel Torrey of Weymouth, be requested to preach a sermon to the next general assembly, upon the 29"^ of May, 1695, which was ap- proved of by the council, and his honour the lieutenant-governour declared his consent. [Passed March 16, 1694-5.
CHAPTER 61.
VOTE FOR ALLOWING COMPENSATION TO HENRY EMMES, MESSENGER OF THE HOUSE OF REPRESENTATIVES, FOR HIS TRAVEL AND SER- VICES IN THAT OFFICE.
Voted and Granted That Henry Eames messenger of the Houses of Representatives be paid by the Treasurer of this Province for time and money Expended for Travelling wages the sum of one pound ten and four pence to gather w*!' three shillings ^ Diem for attending this House this last sessions begun 27'^ Feb! 1G94/5 [Concurred in by the Council, and approved March 16y 1694-5.
68 Province Laws {Resolves etc.). — 1694-5. [Chap. Q'2.']
CHAPTER 62.
LETTER FROM THE GOVERNOR AND ASSEMBLY TO THE GOVERNOR AND COUNCIL OF CONNECTICUT RESPECTING THE DEFENCE OF DEERFIELD.
We have been given to understand by the lion''?* our L! Gov' That upon application made unto yo- selves for releiving of y*^ Garrison at Deerfield, you were so kind as to post 32. men there from yo- Colony w".'' we thankfully acknowledge and desire the continuance of them according as Was proposed unto you in his Hono" Lll' our Interests cannot be divided, it is a common Enemy we are Engaged ag- and tho. y*^ seat of War do's providentially lye nearer to our doors, yet it is y" overruning & Extirpation of y'^ whole y- is sought & Endeavoured, and if we be necessitated to give way and draw in you may not Expect to stand ; It has been a received a* maxime in War y- it's better to Engage y": Enemy at a distance than within our own borders ; however the state of our publick affayres may be altered from w- they sometime were, It is to be remembred we are as yet but Infant Plan- ta*^"'." and it was y*^ prudence of our Fathers to make a Confederation betwixt y"* seiDal neighbouring (Tovernm'-'' to yield mutual assistances each to other to oppose y" common £)nemy. Vis xmita fortior being their motto; And notwithstanding we are distinguished in respect of Civil Governm- yet it is apparent by their Maj'i'^ Royal Com"" grant'- unto S- W'." Phips they thought it necessary for their service and y" bet- ter Protection and security of their subjects, within their seSal Colonies more especially in this time of War. that y" whole militia should be united and y''^ Governm- thereof but one, how justly then will they Expect that we at all times yield mutual succours and assistances each to other as there is occasion. The very sensible impressions made upon their maj''." subjects within this Province by the heavy burdens laid upon them, for y" prosecution of y*^ War under w*^.'^ they groan by long continuance, necessitates us to lay y*^ consideration thereof, before you and to move that j'ou would please to nominate two or more Com- mission':' from yo'' selves to meet with such as may be appointed by y'' L' Gov- & Council fully Impowred to treat and agree upon such methods as they shall thinke best conduceing to y'' publiek safety, and for disresting of y" Enemy, and what Quota of men and money each of y" Governm'-' shall contribute thereto. And that they be likewise impowred at y° same time to treat about an issue of yt uncomfortable (lifterence w"^'' we understand (notwithstanding all 3't lias been hitherto offered) continues, relating to y" claim made by some of yo" to part of y" Towns of SufReld & Enfield, by running of. y* Line and agreeing of y"- place where to begin the same ; We are sincerely desirous of main- taining a good correspondance w- your selves, and that all things any wise obstructive thereof may be removed ; which we shall studiously P^ndeavour on our parte to approve our selves your loveing ffriends and Neighbour? prajnng your speedy answer to w' is herein proposed Boston. March. IG*-'' 1G94/5
By Command of the
L-Gov^ Council & Assembly
I A Secry [^Approved March 16, 1694-5.
* Sic.
VOTES, ORDERS, LETTER, PROCLAMATIONS, ETC.,
Passed 1695-6.
[69]
Ll'X'.ISLATIVE LIST
VOK
1695-6.
WILLIAM STOUGHTON, Esq.,
LlKUTlCNANT- OU DkPUTY-GoVEKNOK, ETC.,* {ACTING GOVERNOR.)
ISAAC ADDINGTON, Esq.,
SECKETAUY OF the TKOVIXCK.
COUNCILLORS OR ASSISTANTS.
Of the inhabitants of, or proprietors of-, lands luithin the terrUonj formerly called the Colony of the Massachusetts Bay : —
AViLLiAM Stoughton, Esq., Samuel Sewall, Esq.,
Thomas Danfoktii, P^sq., Samuel Siirimpton, EsQ.,t
John Pynchon, Esq., Elisha Hutchinson, Esq., J
Wait Winthrop, Esq., Isaac Addington, Esq.,
James Russell, Esq., AVilliam Browne, Esq.,
Bartholomew Gedney, Esq., John Phillips, Esq.,
Robert Phve, Esq., Jonathan Corwin, Esq.,
Elisha Cooke, Esq., John Foster, Esq.,
John Hathorne, Esq., Peter Sergeant, Esq.,
Daniel Peirce, Esq.
Of the inhabitants of or proprietors of lands ivithin the territory formerly called New riymonth : —
William Bradeord, Esq., John Saekin, Esq.,
Barnabas Lothrop, Esq., Nathaniel Thomas, Esq.,
John Tiiaciiei;, Esq.
Of the inhabitants of , or proprietors of, land within the territory formerly called the Province of Maine : —
Samuel AViieelwright, Esq., Charles Frost, Esq.,
Eliakim Hutchinson, Esq.
Of the inhabitants of, or proprietors of, land within the territory lying between the river of Sar/adahoc and Nova Scotia : —
Joseph Lynde, Esq.
* lu addition to the ordinary functions of lieutenant-governor, as shown in his title given on p. 5, ante, Stuughton was regularly invested with all the powers and duties of governor, upon the recall of Phips. riiips died in London, Felj. 18, 1694-5, and the news of his death reached Boston on the fifth of May, 1695. Before, as well as after, this event, the title which Stoughton sometimes assumed in his proclamations, etc., and which was sometimes applied to him in legislative proceedings, was " Lieutenant-Governor and Commander-in-Chief," etc. See note f on p. 43, ante.
t By Sewall's Diary it appears that he was chosen for the province, " at large." t Sworn June 4th. All the other councillors were sworn on the thirtieth of May.
[71]
72 Pkovince Laws (ijfesoZves, e<c.). — 1G95-6. [REniESENTATivES.]
REPRESENTATIVES on DEPUTIES.
May 29, 1605 to March 7, 1603-0.
Mr. WILLIAM BOND,* n
NEHEMIAH JEWETT, Esq., S Speakeus. Major TENN TOWNSEND. )
Boston,
Boxbury,
Dorchester,
Milton,
Bramtree,
Ilinyham,
Dedham,
Wcymoiilh,
McOJicld,
County of Suffolk.
Penn Townsend, J]sq., Edward liromfield, K.sc|., ]\Ir. Timothy TJiorntoii, Capt. Tlu'0])liilus Frary.f Mr. William Denison. Capt. Sanmel Clap. J Mr. Thomaa Ilolman. ]\Ir. William Raw.son. Daniel Cushinj^, senior, Esq, Mr. John Baker. ]\lr. AVilliam To<rey. Mr. John Ilarding-.^f
County of Middlesex.
Charlcslown,
Maiden,
Cambridge,
Mcdford,
Walertown,
Neivton,
Sudbury,
Marlborough,
Mr. Samuel Phipps,|| INlr. fJaeob Greene, jun.**
Capt. John Green.
]\Ir. Samuel Chamne.ff
Mr. Peter Tufts, jun.Jt
Capt. William Bond, Es(j.§§
Capt. Isaae Williams.
Mr. Joscjih Noyes.
JNIr. Abraham Williams.
County of Middlesex— CoTic/tw/crf. Concord, IMr. Jonathan I'reseott.^flf
Billerica, ISIr. Sanuiel ManniMg,senior.]|
Wobur?i, Major James Convei-s.
licadiucj, Mr, Ilananiuh Parker.
Chelmsford, Maj. Thomas Ilinchman.***
County of Bristol.
Bristol, Mr. John Rogers.
%TauHto?i, Capt, Thomas Leonard,
Mr. Phillip King.
Tichobolh, Deaeon Samuel Peek.ftt
Swanzey, Ensign Joseph Kent.JJJ
Little Compton, Mr. Daniel Eaton. Attkbo7^oufj]t, INIr. Joseph Brown. §§§
. County of Essex.
Salem, IMr. AVilliani Hirst.
Lynn, Capt John Burrill.^^^
Beverly, Lieut. Anilrew Eliott.||||||
Wenham, Capt. Thomas Fiske.****
Ipswich, Mr. Nehemirdi Jewet,tttt
Mr. John Wiiipple.
Rowley, Mr. John Piekard,JJ|J
• Bond went home ill on the twelfth of December, and died on the fifteenth. On the twelfth, Jcwctt was chosen Speaker, " ni his room ; " but to siicli of his sii^niatures whde liolding that office, as have l)cen found, he did not add, ";;;-o tempore." Townsend was chosen Speaker, February 28th, at the begiuuiug of the fourth session. See resolve chapter 61, post, and note.
t "Frarey," in tba Secretary's list.
X " Clapp," in the Secretary's list.
^^ " Senior," in the town records, but not in the Secretary's list.
H Erroneously written " Hardy, " in the Secretary's list.
II " Phips," in the Secretary's list.
** "Green," in the Secretary's list.
tt " Chamnee,' ' in the Secretary's list.
Xi "TufTt" and "Junior" in the Secretary's list, but not 'c the town records nor in his signature.
^^S " Captain," in the town records, but not in the Secretary's list.
HH " Prescot," in the Secretary's list.
nil " Senior," in his signature.
*** " Henchman," in the Secretary's list.
ttt From the town records. He was sworn but his name is nut in the Secretary's list.
XXX " Ensign," iuthe town records, l)ut " Mr.," in the Secretary's list.
^§^ " Bro-\^-ne," in the Secretary's list.
^IIH " Junior," in the town records, but not in the Secretary's list.
mill " Lieutenant," in the town records, but " Mr.," in the Secretary's list.
**** July 24, 1695, the town chose " Capt. Tho* Fiske for a representative to go to the General Court at their next sessions, to get the abatement of the Commissioners [of taxes ?] heads, perfected." On the third of May the town voted to choose no representative. No record has been found of Fiske's having been sworn.
•tttt '* Jewett," in the Secretary's list.
++++ "Pikard,"- iu the Secretary's list.
[Representatives.] Province Laws {Remlves, etc.). — lG95-(3.
T6
County
Ncwburij,
Amcsbury,
Haverhill,
Andovcr,
Salishurij,
Toj)s/ield,
Oloucesier,
Mnrblchcud,
Box ford.
Kittcry,
OF EssKX — Concluded. Lieut. IVistnini Collin.* Mr. Tliomas Fowller.f Mr. Peter Ayer.J Maj. Dutllcy Bradstroot.§ Lii3ut. Henry True.* Corporal Tobijali Perkins. Capt. James Davis.* IMr. Ptieharil Reitli.l Mr. John Pebody.**
County ov Yokk. IMr. James Emerey.ff
County of IIampsiiiue. Spriuijfidd, ]\Ir. Abel AVriglat. Norlkampton, Mr, Jose^jh Ilawley.
County of IlAMrsimu-: — Concluded. Iladley, Mr. Timothy Nasii.
Ilalficld, Ensign Eleazer Frary.Jf
County ok Ply.-moutji. Plymouth, Mr. John Bi'adionl.
Marshjicld, Mr, Natlianiel VVinslow.§§ Sciluate, Mr. Samuel Clap.
Bridyewatcr, Mr, Elihu Brett.
County of Baknstauli:.
Barnstable, Capt. Joliii (iorehara.|j|| Yarmouth, "Sir. Jasp(;r Taylor. Sandwich, Mr. Samuel Prince. Mr. Th(;mas Smitli.11"
Island of Nantucket. Mr. James Collin.
HENRY BERING, Clerk.
JAMES MAXWELL, Doorkeeper and Messenger to the Lieutenant- Governor and Council, and of the House of Itcjn'esentatives.
* " Lieutenant," in the town records, but "Mr.," in the Secretary's list.
t Sic; but "Fowler," in the Secretary's hst.
X " Ayre, " in the Secretary's list.
^ " Maj. Dudly Broadstraet," in the Secretary's list.
II " Corporal," in the town records, ))nt " Mr.," in the Secretary's list. Written " To))ia, " in the Secre- tary's list, )jut "Tobiiah," in the town records, and Ijy himself.
11 Erroneously written "Riefe," in the Secretary's list.
** " Peebawdy," in the Secretary's list.
ft "Emery," in the Secretary's list.
XX " Ensign," in the town records, but " Mr.," and " Frarey," in the Secretary's list.
^ Erroneously entered " Isaac, "in the town records. The representative in the previous legislature had been Isaac Little and hence iicrhaps the mistake of the town clerk.
III! Erroneously written " Green," in the Secretary's list,
HH A Thomas Smith (apparently the same person, each year), took and subscribed the qualifying oaths in 1695 and 1698. There was a person of this name in Eastham, and another in Sandwich, each of whom has been supposed to be the representative ; but m 1695, Samuel Prince represented Sandwich, and in 1698, Israel Cole represented Eastham. That Smith was from Barnstable County is a reasonable con jceture, but nothing has been received from the town clerk of any town in that county to coutirm this con jecture beyond a doubt.
VOTES, ORDERS, CERTIFICATE, DECLA- RATION, ETC.
Passed at the Session begun and held at Boston, ON THE Twenty-ninth day of May, A.D. 1695.
CHAPTER 1.
VOTE FOR ALLOWING TEN POUNDS TO JOHN BEMENT, A WOUNDED
SOLDIER.
Voted by y^ house of Representatiues That upon Reading John Bements Petition and Seeing his wounded hand That there be Tenn Pounds in niony paid him out of the Publick Treasury in Compensa- tion of that his damage, this not iucludeing his wages that is due — [^Concurred in by the Council, and apjiroved June 8.
CHAPTER 2.
ORDER APPOINTING A HEARING ON THE PETITION OF THOMAS HINCK- LEY PRAYING THAT TWO HUNDRED ACRES OF LAND NEAR SECONET MAY BE LAID OUT TO HIM ACCORDING TO A FORMER GRANT, AND FOR NOTIFYING THE ADVERSE PARTIES THEREOF. [Approved June 10.
\_Printed with resolves, orders, ete., relating to the establishment, etc., of towns, etc.~\
CHAPTER 3.
VOTE APPOINTING COMMISSIONERS TO MEET WITH THE COMMISSION- ERS FROM CONNECTICUT, TO AGREE UPON A PLACE FOR THE BEGINNING OF THE BOUNDARY LINE BETWEEN THAT COLONY AND MASSACHUSETTS. [Approved June 11.
{Printed with resolves, orders, etc., relating to the establishment, etc,^ of towns, eicl
[75]
76 Province Laws {Resolves etc.). — 1695-6. [Chaps. 4-6.]
CHAPTER 4.
VOTE FOR ABATING ONE-HALF THE DUTIES OF TONNAGE AND POW- DER-MONEY ON THE SHIPS HOPE AND BEAR.
Upon reading the petition of "William "Wallis, merch'-, part owner, in behalf of himself and others concerned, in the ships named the Hope and Bear, imployed to fetch masts for his maj'''^'^- service, and bringing two foot companies of soldiers for New York, praying that the said ships may be freed from the dutys of tunage and powder money, —
Voted^ That there be halfe duty p"? on consideration that the Ships had Merch*.' Goods on bord upon Freight and no more on considera- tion that they are imployed for his Maj'-Y' Service. \_Approved June 12.
CHAPTER 5.
VOTE FOR NOMINATING AND APPOINTING A COMMITTEE TO AS- CERTAIN AND REPORT THE QUANTITY OF NAVAL STORES THE GOVERNMENT OF THE PROVINCE MAY UNDERTAKE TO SEND, ANNUALLY, TO ENGLAND.
In Obedience unto his Maj'^' Commands Signified by the Rf Hou*?^ the Lords of his Maj''' most Hon^° Privy Council; Given at the Coun- cil Chamber At Whitehall the b'"^ day of April. 1694.
Barth?. Gedney, Elisha Hutchinson &, John Walley Esq? with ml Treasurer and such others as shall be jo3med to them of the Represen- tatives, are appointed a Comittee to consider and Report what Quantities of Pitch, Tar, Rozin, Planke Knee Timber and other Naval Stores for the use of his Maj'y' Royal Navy «&c? the Goverumf here may under- take to send yearly into England, that an account attested under the hands of the Governor and Assembly may be transmitted — * * *
the house of Representatiues voted a Concurrance and haue made Choyce of Maj^ Penn Townsend, Maj! Thomas Hinchman m^ Samuel Clap, and m! Tristram Coffin, to Joyn with the aboue mentioned Gen! to be a Committee to act as aforesci [^Approved June 14.
CHAPTER 6.
ORDER APPOINTING A COMMITTEE TO VIEW THE SITUATION OF THE INHABITANTS OF THE WESTERLY PART OF THE TOWN OF PLYM- OUTH, AND TO PROPOSE A LINE FOR SETTING THEM OFF INTO A SEPARATE PRECINCT, ETC. [Approved June 14.
\^Printed with resolves, orders, etc., relating to the estaUishment, etc., of towns, etc.']
[1st Sess.] Province Laws {Resolves etc.) . — 1095-6. 77
CHAPTER 7.
ORDER DECLARING THAT CERTAIN LANDS CLAIMED TO HE A TART OF THE TOWN OF Al'TLEBOROUGH UNDER THE ACT OF OC'I'OIiER 19, ifilM, BE AND REMAIN PART OF THE TOWNSHIl' OF REHOBOTH. [Approved June 14.
\_Printed with resolves^ orderfi, etc., relating to the estahliahinent^ etc., of towns, etc.^
CHAPTEK 8.
ORDER FOR DISCHARGING FROM IMPRISONMENT JOHN HOYT, LATE CONSTABLE OF AMESBURY, UPON HJS GIVING SECURITY, ETC.
Wjtkueas John TToyt late ConstalAe of tlic Town of Aimshnry is beliiiul and in arrear of the [)ayment of the Sum of Forty nine pounds Eight Shillings and nine pence of y'; pul)lick assessments comitted to him to collect in the year 1G90 and which he ought to account for And whereas he has Set forth in his Petition, that he is fal'n in decay in his Estate the Enemy haueing plundred and despoyled him thereof and l)urnt his house, and that he now lyes in prison under Execution for the satne, and that he is likely to dye there unless speedily releived
Ordered, That upon the s'-^ John Hoyt' giueing Sutficient Security to pay into the publick Treasury, the sum of Twenty pounds within the space of one year next ensueing ; as also paying his Fees to the Otlicer.s, the sheriff be and hereby is directed to discharge him from his Imprisoiun- And the Remainder of y° s'* Sum of £.49 : 9 . 8 . is hereby remitted unto the said Hoyt. \^Approved June 17.
CHAPTER 9.
ORDER FOR NOTIFYING THE INHABITANTS OF THE TOWN OF SPRING- FIELD TO APPEAR AND ANSWER TO THE PETITION OF THE INHABITANTS OF THE PART OF SAID TOWN LYING WEST OF THE CONNECTICUT RIVER FOR LEAVE TO SETTLE A MINISTER. [Approved June 77.
\^Priated loitli resolves, orders, etc., relating to the establishment, etc., of towns, etc.'\
CHAPTER 10.
ORDER APPOINTING A COMMITTEE (ON THE PETITION OF ELEAZAR FRARY, IN BEHALF OF THE TOWN OF HATFIELD, PRAYING FOR THE GRANT OF CERTAIN LANDS) TO SURVEY THE SAME AND RETURN A PLAT THEREOF, ETC. [Approved June 18.
\^Printed toith resolves, orders, etc., relating to the establishment, etc., of toions, etc.']
78 Province Laavs (liesolves etc.). — 1095-0. [CiiArs. 11-14.]
CHAPTEK 11.
ORDER FOR ABATING THE DUTIES OF TONNAGE AND ROWDER-MONEY OF THE SHIP ST. JOSEPH, AND FOR GRANTING IIER A CLEARANCE.
WiiEUEAS the ship S' Joseph Mich'! Shute Ma*" is taken vp & Ira- ployed l)y a CoiTiittee of the Gen" Assembly for the Transporthig of her Lading of Naval Stores into Engl!' pursuant to y*^ directions of tlie li' Hon'".'" the Lords of his Maj"' most Hon"''" Privy Council.
Ordered that y" dutyes of Tunage & Poioder money for s'' shij-) lie abated & allowed vnto the Owners for this voyage, And that the olii- cers concerned grant her Cleerings w"'out reqnireiug of the Same — [^Approved June 18.
CHAPTEK 12.
VOTE FOR ALLOWING TWO HUNDRED AND FIFTY POUNDS TO JAMES TAYLOR, TREASURER OF THE PROVINCE, FOR IIIS SERVICES IN THE YEAR lO'Jt-o.
Voted In the house of Represeutatiues, That m'' James Taylor Treas- nrer, be allowed for his last yeares Service — Two hundred and flifty Pounds \_Concurred in by the Council^ and approved June 19.
CHAPTER 13.
VOTE FOR ALLOWING TWO HUNDRED POUNDS TO WILLIAM STOUGII- TON, FOR HIS SERVICE IN THE PUBLIC AFFAIRS OF THE PROVINCE DURING HIS EXCELLENCY'S ABSENCE IN ENGLAND, ETC.
Voted : In the house of Represeatatiues : That the Ilon^ Leiut : Goul W'21 Stoughton Esq- Be Paid out of the Publicque Treasury of the Province for his Service in the Publique affaires of this I*rovince Since his Excellencj' went to England, & as Cheife Judge to this day the Sume of Two hundred Pounds — [^Concurred in by the Council, and approved June 19.
CHAPTEE 14.
VOTE FOR GRANTING AN ALLOWANCE OF FIFTY POUNDS TO INCREASE MATHER, FOR HIS SERVICES AS PRESIDENT OF HARVARD COLLEGE.
Voted, In concurrance with the house of representatives, that the snm of fifty pounds be ordered unto M''- Increase INIather, out of the public treasury, for his service at the colledge the last year in the vacancy of a setled president. \_Axiproved June 20.
[1st Skss.] Puovinoe Laws (Jiesolves elc) . — 1095-6. 79
CHArTEK 15.
VOTE APrOINTING A IIKARING ON THE DIFFERENCES BETWEEN THE TOWNS OF CAMBRIDGE AND NEWTON, AND FOR NOTIFYING THE SELECTMEN OF THOSE TOWNS, RESPECTIVELY.
Yoted, 111 concurraiKte with the roprcscnt.ativcs, that there be a hearin"" of the difference betwixt the towns of Cambridtic! and Newton, at the next sitting of the general assembly, and that the selectmen of each town he notidud thereof by the secretary, and to give their attendance. l^Aj^proved June 20.
CHAPTER 16
VOTE FOR ALLOWING TWENTY-FIVE POUNDS TO SAMUEL NEWELL, A SOLDIER TAKEN PRISONER BY THE ENEMY.
Upon reading the petition of Samuel Newell of Roxbury, a soldier formerly employed in his majestie's service, having suffered shipwreck and taken prisoner by the enemy, and continued near five years in their hands, having lately obtained his redemption by his friends' paying down a sum of money for his ransom, praying that a reasonable allow- ance may be made him, —
Voted, In coucurrance with the representatives, upon the considera- tions aforesaid, and in full of his wages as a soldier, there be paid out of the public treasury unto the petitioner, Samuel Newell, the sum of twenty-five pounds. \_Approved June 20.
CHAPTER 17.
ORDER FOR THE PAYMENT OF TEN POUNDS FROM THE PROVINCE TREASURY, TOWARDS REPAIRING THE PRISON IN THE COUNTY' OF YORK.
In answere to the Motion of the County of York setting forth their inability to raise Money for their defraying of County Charges by reason of their poverty occasioned by the War ; and praying that y" Fines in the hand of their Sheriff may be granted them for the Repair-, ing of their Jail
This Court do Order, that ]\Ir. Treasurer doe pay to the Treasurer of York Ten pounds out of the Fines in the Sheriff's hand toward the repairing of their County- Prison-/. \_Approved June 21.
CHAPTER 18.
ORDER FOR REMITTING THE DUTIES OF TONNAGE AND POWDER- MONEY ON THE SHIP FRIENDS' ADVENTURE, AND FOR GRANTING HER A FREE CLEARANCE.
Upon Consideration of the many kindnesses done by his Excy. Francis Russell Governour of the Island of Barbados unto the Inhabi- tants of this Province trading vnto that Island.
80 Pkovinck Laws {Resolves etc.). — 1095-0. [Chaps. 19,20.]
Ordered That the dutys of Tunage and powder money be allow** and abated for the Ship Friends Adventure now in this Port, Benj* JNIackey Coinander, being the Interest of tlie said Governo.'' Russell in a consid- erable part And tliat tlie odicers concerned grant cleerings for tlie s? ship witliout demand of the s.'' duty' \_Approved June 22.
CHAPTER 19.
• VOTE FOR ALLOWING FIFTY POUNDS, EACH, TO THE COMMISSIONERS OF WAR, FOR THEIR SERVICES THE PREVIOUS YEAR, AND AFTER THE SAME RATE FOR SUCH TIME AS EITHER OF THEM SHALL BE RETAINED, NOT EXCEEDING ONE YEAR.
Voted That Coll',' P.artholmew Gidney and Majr Jn? AValley (the Present Comniission'"s of Warr) Be paid fifty Pounds each, out of the Publick Treasury for tlieir last yeares Service, which ended the sixth day of Ai)rill last And after the same Rate for such fmther time as tlu! Commission'"'' or either of them sliall further Continue to be Improved in the said Service, not exceeding one yeare \_A2)proved June 22.
CHAPTER 2 0.
VOTE DIRECTING JAMES TAYLOR, PROVINCE TREASURER, TO DELIVER TO JOHN PHILLIPS, LATE TREASURER OF THE COLONY, HIS OFFI- CIAL HOND, AND ORDERING SAID TAYLOR TO RKTAIN IN HIS HANDS THE MONEY DUE FROM THE TREASURY TO SAID PHILLIPS.
Upon keading the petition of John Phillips, Esq'-, late treasurer of the Massacliusets Colony, therein setting forth that whereas, upon adjusting of accompts of the treasury' during that time, by a committee appointed by the general assembly, according to tlie direction of the assembl}^, he gave bond to the pres'- treasurer to make good and pay into the treasury all and every such sum and sums as shall be made appear to have been received by or duely paid unto him or liis order, and not accounted for, in part of the sum of nine thousand five hun- dred and tliirty pounds four shillings and a penny, returned by him as then standing out, or otherwise, for Avhich he ought to have been debited in his ac('omi)t, the greatest part of w'"''- said sum of nine tliousand live hundred and thirty pounds four shillings and a penny is since drawn into the treasury, praying that his said bond may be delivered unto him, having five hundred and odd pounds creditt in the treasury, and being willing the same should there ly until a period be put unto the said affair, —
Voted, that the Present Treasurer ra"" Ja : Taylor deliuer Vp to Coll',' John Pliillips his bond now in his the sa: Ja : Taylor Treasu- rer! hands The mouy now due to su Phillips from the Treasury' to tliis day, to remaine in said Tresnrers hands till his the sTt Phillips (his) Accol! of the old Areares be adjusted — And the Treasurer is hereby Ordered to Detaine the same in his hands accordingly. — [yl/iproi'ed June 22.
[1st Sess.] Province Laws {Resolves etc.). — 1695-6. 81
CHAPTER 21.
VOTE FOR NOTIFYING SAMUEL GOOKIN AND SAMUEL HOW TO AP- PEAR AND ANSWER TO THE COMPLAINT OF THE INDIANS OF NATICK. [Approved June 24.
{^Printed with resolves, orders, etc., relating to the establishment, etc., of towns, etc.'}
CHAPTER 2 2.
ORDER FOR GRANTING A HEARING TO THE SELECTMEN AND ASSESS- ORS OF THE TOWN OF WEYMOUTH.
Upon reading the petition of the selectmen and assessors of the town of Weymouth, representing and setting forth that they were set over and above their due proportion to the last tax, —
Ordered, That they have opportunity, at the next session of this court, to have a hearing and consideration thereof. [Approved June 25.
CHAPTER 23.
VOTE APPROVING THE ACCOUNT OF THE PROVINCE TREASURER, ETC.
M*' Treasurer presented an accompt of several matters depending in the treasury, praying directions and orders to himself therein, which was read and, —
Voted, in the several articles thereof, as stated in the said ace"-, and transmitted to the treasurer. [Approved June 26.
CHAPTER 24.
VOTE FOR AN ADDRESS TO KING WILLIAM, REQUESTING HIM TO SUPPORT THE GARRISON AT PEMAQUID, ETC.
Voted, That his maj'^- be humbly addressed to support the garrison at Pemaquid, and also to settle Port Royall and S'- John's in Accadie, and that we may not be charged with any quota of men to New York, and that an address be accordingly prepared. [Ordered to be trans- cribed, and signed by the Lieutenant-Governor and Speaker, June 26.
CHAPTER 25.
CERTIFICATE OF THE LIEUTENANT-GOVERNOR AND ASSEMBLY, TO THE PRIVY COUNCIL, AS TO SUPPLYING NAVAL STORES, FROM THE PROVINCE, FOR THE USE OF THE ROYAL NAVY.
In Obedience unto his Maj'^' Commands Signified by the R? Hon*^ the Lords of his Maj'y' most Hoh^'^ Privy Council.
82 Province Laws {Resolves etc.). — 1695-6. [Chaps. 26, 27.]
The D Governo- and Assembly of his Maj'^' Province of the Massa- chusetts Bay in New-England, In all humility do offer, That his Maj'f may be yearly Supplyed from this his Territory with the several Species & Quantitys of Naval Stores hereafter mentioned for the use of his Royal Navy.
That is to Say.
One hundred and Fift}- Tuns of Rozin
One hundred and Fifty Tuns of Pitch and Tar
Two thousand Tuns of Timber, as Standard Knees, Compass timber, Clamps, Beams, Futtocks & other Timber.
One hundred Thousand Feet of Oak Plank.
And when the hazards and troubles by the Indians are over, greater Quantitys of each of the said Species may annually be procured.
R? Hon^<= To the R? Hon^« the Lords His Maj'^' mos't dutiful Subjects
of his Maj'y' most Ilon^ and yo^ Lord?? most humble Serv'.'
Privy Council. {^Adopted and passed June 26.
CHAPTER 26.
VOTE FOR APPROVING AND ALLOWING THE PROVINCE TREASURER'^ ACCOUNTS FROM MAY 29, 1694, TO MAY 29, 1G95, INCLUSIVE.
The accompts of M'- James Taylor, treasurer and receiver-general of this province, beginning the 29'*' day of June, 1694, and continued unto the 29"' day of May, lG9o, amounting unto the sum of twenty-five thousand eight hundred twenty-six pounds twelve shillings and nine- pence halfpenny, having been presented and laid before the house of representatives and inspected and examined by a coinittee appointed by said house, by which it appears that there was standing out on the said 29"' day of May, 1695, the sum of three thousand sixty- nine pounds eighteen shillings and one penny to be drawn into in* treas- ury and further to be accounted for, —
Voted, In concurrance with the representatives, that the said accompts, in the several articles of receipts and payments therein mentioned, amounting to the sum of twenty-two thousand five hundred fifty-six pounds fourteen shillings and eightpeuce halfpenny, be and hereby are approved and allowed of, and that the said James Taylor, treas- urer, be and is hereby discharged from the said sum. [Approved June 27.
CHAPTER 27.
VOTE FOR APPROVING AND ALLOWING THE PROVINCE TREASURER'S ACCOUNTS OF ARREARS OF PUBLIC TAXES LAID BY THE FORMER GOVERNMENT, FROM JUNE 29, 1694, TO MAY 29, 1695.
M*- James Taylor, treasurer and receiver-general, having presented his accompts of arrears of the public rates made in the time of the former government, beginning the 29"' day of June, 1694, and con- tinued unto the 29"^ day of May, 1695, amounting to the sum of five thousand three hundred twenty-five pounds one shilling and ll'^i and the same being inspected and examined by a coinittee appointed by
• Sic.
[1st Sioss.] Province Ijawh (Jiesolves elc.) . — IGDH-fi. 83
the house of representatives, who liave reported thereon th:it the several articles of payment made ])y the treasurer, char<:c(^(l in tlie said ace"', amounting to tlu; sum of four thousand tln-e(; hundred seventy-five pounds three shillings and threepence, in part of the said fivethousnnd three hundred twenty-five pounds one shillings and eleven pence, are made good by orders and vouchers, —
Voted, In concurrance with the representatives, that the said accompt be approved and allowed of, and that M""- James Taylor, treasurer, be and hereby is discharged of and from the said sum of four thousand three hundred seventy-five pounds three shillings and threepence. ^Approved June 27.
CHAPTER 28.
DECLARATION CORRECTING ERRORS IN THE ACCOUNT LAID BEFORE THE GENERAL COURT, FEBRUARY 27, 1694-5, BY JAMES TAYLOR, PROVINCE TREASURER.
Whereas, M""- James Taylor, treasurer and receiver-gen'-, laying his accompts before the general court at their sitting the 27"^ of Feb- ruary, 16U4-5, a discharge was then given to said treasurer, mention- ing the whole sum of said accompts to be twenty-four thousand three hundred fifty-three pounds nine shillings and five pence halfpenny, whereof four thousand one hundred fifty-eight pounds six shillings and sevenpence was then standing out to be drawn into the treasury, and that the said treasurer had paid out twenty thousand one hundred ninety-five pounds two shillings and tenpence halfpenny ; upon far- ther examination of said accompt, it now appears, and is, —
Declared by the lieut. governour, council and assembly, that there was seven hundred nineteen pounds sixteen shillings overcharged, both in debt and credit, so that tlie true sum of the debt was and is twenty-three thousand six hundred thirty-three pounds thirteen shil- lings and fivepence halfpenny ; and of the credit, nineteen thousand four hundred seventy-five pounds six shillings and tenpence halfpenny, and the sum to be drawn into the treasury the same as above men- tioned ; viz'-, four thousand one hundred fifty-eight pounds six shil- lings and sevenpence. [^Approved June 27.
CHAPTER 2 9.
VOTE OF ADVICE, ETC., ON THE APPLICATION OF THE GOVERNOR OF THE PROVINCE OF NEW YORK, FOR A QUOTA OF THREE HUN- DRED AND FIFTY MEN, TO BE POSTED AT ALBANY.
Whereas the Hon''!'' the L' Governo" has been pleased to lay before the Councill and Assembly a Letter receiued from his Excellency the Governo'' of New York, during this Sitting of the Generall Assembly here. In which he makes application unto his Houo'"for a Quota of three hundred and fifty men to be Posted at Albany.
We humbly offer. —
That We are in no Capacity to Answer his Excy" Demand for y" Said Quota, without apparent hazard of Exposeing his Maj*""^ Inter-
84 Province IjAWS (liesolves etc.) . — lOO^-G. [Chaps. 30-33.]
ests within this Province, haveing not men Sufficient to preserve our own ffrontiers, which are of So Large Extent, and to offend the P^ueniy, by wiiome we may rationally Expect to be Suddainly Assaulted, and are necessitated, to apply unto our Neighbours for Assistance.
All which we hau(! humbly Represented & laid before his Majestic — [^A(lo2)f,e(l and passed^ June 27.
CHAPTER 30.
VOTE FOR ALLOWING TEN POUNDS THIRTEEN SHILLINGS TO CALEB RAY, KEEPER OF HIS MAJESTY'S PRISON IN BOSTON.
An Accompt presented by Caleb Ray, keeper of his maj''^"- prison in Boston, for keeping the Indian hostages from the first of March last past, and the keeping of I'obort Sherwood, was read and, —
Voted, A concr.rrance with the repi'esentatives, that there be paid unto the said Caleb Kay, the sum of ten jwunds thirteen shillings. [^Approved June 28.
CHAPTER 31.
ORDER FOR PAYING TO SUNDRY PERSONS THE VALUE OF UNEN- DORSED BILLS OF PUBLIC CREDIT, BROUGHT IN TO THE TREASURY BY THEM.
An accompt of bills of credit nnendorst, "brought into the treasury by sundry persons, amounting to thirteen pounds five shillings and six- pence, was presented, and, —
Ordered, That M"- Treasurer do pay unto each of the said persons the like sum in said bills expressed. [Ajyproved June 28.
CHAPTER 3 2.
ORDER FOR ALLOWING FIVE POUNDS PER CENT TO WILLIAM WELSTEED, NAVAL OFFICER FOR THE PORT OF BOSTON AND CHARLESTOWN.
Ordered, That AV" Welsteed Naval Officer be allowed and paid the Sum of Five pounds ,g> Cent, for his care and Service in receiving & paying of the duty of Powder money [^Ajiproved June 28.
CHAPTER 33.
ORDER FOR GRANTING TO SIR HENRY ASHURST, KNT. AND BART., AGENT FOR THE PROVINCE, ONE THOUSAND ACRES OF VACANT AND UNIMPROVED LAND, ETC. [Approved June 2S.
\_Printed with resolves, order's, etc., relating to the establishment, etc., of towns, etc.Ji
[1st Sess.] Pkovince hwwii {Resolves etc.). — 1(J*J5-G. 85
CHAPTER 3 4.
VOTE FOR ALLOWING TEN POUNDS TO HENRY DERING, CLERK OF THE HOUSE OF REPRESENTATIVES, FOR HIS SERVICES.
Voted in the house of Representatiues that Ileury Deiing be allowed in full for his Service as clerk to this house in the Yeare IG9;> and the Yeare JG'jr) to this day Tenn pounds to be paid him out of the Publick Treasury of the Province — ^Concurred in by lite Council^ and itpp roved June 28.
CHAPTER 35.
VOTE FOR ALLOWING TO JOHN WAITE, TWELVE POUNDS MORE THAN HE HAS ALREADY RECEIVED FOR STORAGE OF GRAIN FORMERLY TAKEN BY HIM FOR PUBLIC TAXES.
Ui'ON READING the jJetitiou and accompt of John Wayt, of lioston, for storage of grain formerly received for public taxes and laid into his warehouse, —
Voted, In concurrance with the representatives, that the said John Wayt be paid twelve pounds out of the public treasury more than he has already received, and is to be in full for the said storage, [^i^- p roved June 28.
CHAPTER 36.
VOTE FOR ALLOWING TWENTY POUNDS TO ANTHONY CHECKLEY, FOR HIS SERVICES AS ATTORNEY-GENERAL.
Ui'ON READING the petition of Capt. Anthony Checkley, his inaj""'- attorney-general for this province, praying for such allowance as may comijensate his expences and trouble sustained in his maj'"''*' and the countrie's business, —
Voted in y'' house of Rep'"sentatiues that Capt Anthoney Checkly be paid Twenty pounds out of y*^ Publick Treasury In full for his seruice as Attorney Generall to this Day. \_Concurred in by the Council^ and (ipjjroved June 28.
8(5 FiioYmcE L,AW& (liesolves etc.) . — 101)5-6. [CiiArs. 37, 38.J
ORDER AND VOTES
Passed at the Session begun and held at Boston, ON the Fourteenth day of August, A. D. 1695.
CHAPTER 37.
ORDER CONTINUING TO THE NEXT SESSION BUSINESS REFERRED FROM THE FIRST SESSION OF THE GENERAL COURT.
Whkukas several matters moved by Petition and otherwise at y?- first Session of this General Court or Assembly begun and held upon Wedensday the 29'^ day of May last were Refer'd to be considered at their next Sitting : And Forasmuch as the Season of the year is such with respect to the Harvest as requires a Speedy recess of the ^Nlem- bers of this Court into the Country, And a longer Session would be greatly prejudicial at this time, than what is absolutly necessary to advise and direct with reference to the Security and defence of the Frontiers and prosecution of the Enemy, and what else may concern
the Publick.
Ordered That all such References be and are herel)y continued to be considered and determined at the next Sitting of tliis Court. —.[^1^'- prooed Auyast 15.
CHAPTEK 38.
VOTE OF ADVICE TO THE LIEUTENANT-GOVERNOR THAT ASSISTANCE TO THE GOVERNOR OF NEW YORK IN REBUILDING FORTIFICA- TIONS, ETC., ON THE FRONTIERS OF THAT PROVINCE EE REFUSED; AND GIVING REASONS THEREFOR.
The IIon'2^' LT Gou^ laying before this Court a Letter directed unto himself e from the Gou'' of New Yorke in which he refreshes his apply- catiou for Assistance from this Province for the repaireing or Rebuild- ing of the fortifications on the frontiers of the said Province of New Yorke.
As we haue lately Represented unto his Hono! of Incapacity of spareing any men, so we further offer, that we cannot afford them any other Assistance, not haneiug a Treasury Suflitieut to Support the necessary charges ariseing within this Province, for the preservation and defence of his Maj|i^ Subjects & Interests within the Same ; This Province being the Chief Seat of the Warr, lying more Exposed, & beino" more hardly pressed by y° Enemy than the Province of New Yorke ; that Province being also lately Enforced with three ffoote Companys under Establishment from England :
Voted in the affirmatiue. [^Passed August 16.
[2d Sess.] Viio\ iNCi!! h^^\ a {liesolves etc.). — 16'J5-G. 87
CIIAPTEII 39.
VOTK REQUESTING PETER SERGEANT TO ASSIST THE AGENTS OF THE PROVINCE, IN ENGLAND, ETC., AND PROVIDING EOR HIS INSTRUC- TIONS.
Vot^ That Peter Sergeant Esq^ a member of his maj'^' Council here, now intending a voyage into Enghmd, be desired to be Assistant unto our Agents Kesid- there in our j^ublick Affayres depending before liis Maj'?^ and for the makeing of such further applications as may conduce to the publick benefit and advantage of tlie Trovince — And the U Gov- and Coinicil are desired to give him particular Instructions therein. \^A2>2>rovecl August 17.
CHAPTER 40.
VOTE FOR ALLOWING FORTY POUNDS, EACH, TO THOMAS DANFORTH, WAIT WINTHROP AND SAMUEL SEWALL, JUSTICES OF THE SUPERIOR COURT, ETC., FOR THEIR SERVICES DURING THE PREVIOUS YEAR.
Voted.! That there be paid unto Tiiomas Danforth, Wait Wintlirop and Sam"- Sewall, Escf'- , justices of the superiour court of judica- ture and court of assize, the sum of forty pounds, each, for their last year's service. \_Aiyproved August 17.
88 Frovince Li AW a (Hesolves etc.) . — 16y5-6. [CiiAi'a. 41-44.]
ORDERS, VOTES, PROCLAMATION. ETC.
Passed at the Session begun and held at Boston, ON THE Twentieth day of November, A.D. 1695.
. CIIAPTEK 41.
ORDER FOR NOTIFYING THE INHABITANTS OF THE WEST PART OF WATERTOWN TO APPEAR AND ANSWER TO THE PETITION OF THE INHABITANTS OF THE EAST PART OF SAID TOWN. ll'asscd A'wem- ber 25.
\^Pri)ited with resolves^ orders, etc., relating to the establishment, etc, of towns, etc.']
CHAPTER 42.
VOTE ENLARGING THE TOWN OF HATFIELD BY ANNEXING A TRACT OF LAND ADJACENT THERETO ON THE WEST. [Approrcd Xoiembcr 26.
[Printed with resolves, orders, etc., relating to the establishment, etc., of towns, ete.]
CHAPTER 43.
ORDER FOR ALLOWING TEN POUNDS OUT OP THE PROVINCE TREASURY TOWARDS THE SUPPORT OF A MINISTER AT NEWICHAWANNOCK.
Ordered, Tliut there be allowed the sum of ten poiuuls out of the public treasury, towards the support of a ministex' for this year, at Newitehewanuick, the upper part of the town of Kittery, so tliat it appear they be supplied with a minister. \_Approved November 2G.
CHAPTER 44.
ORDER FOR PAYING ELEVEN POUNDS OUT OF THE PROVINCE TREASURY AS A BOUNTY FOR ELEVEN WOLVES KILLED IN THE TOWN OF DEERFIELD AND NOT REGULARLY CERTIFIED.
Ordered, That there be paid unto Capt. Sam"- Partrigg, on behalf of the persons concerned, eleven pounds, out of the public treasury, for eleven wolves killed in the year 1G94, notwithstanding the eertiii- catc be not returned in the form the law now i)rescribes, being made out before that law by the constables of Deerfield. \_Approved Novem- ber 26.
[3d Sess.] Province LiAwa (Resolves etc.). — 1G<J5-G. 89
CHAPTER 45.
VOTE FOR SETTING OFF A PRECINCT IN THE WESTERLY PART OF THE TOWN OF PLYMOUTH. [Approved November 2G.
\_Pnuted with resolves, orders, etc., relating to the etabiishment, etc., of towns, etc.']
CHAPTER 46.
VOTE FOR ALLOWING TEN POUNDS TO THE TOWN OF WENHAM IN CONSIDERATION OF OVER-TAXATION IN THE YEAR IGiX).
Upon heading the petition of the selectineu of Wenbuui, praying an allowance of what they were overcharged upon their polls in assess- ments made in the year IG'JO, for so many men as they had then abroad in his majestie's service, other towns having been allowed the same, —
Ordered, That INP- Treasurer do make allowance of the sum of ten [)ound3 unto the said town of AVeuham, upon the consideration afore- said. \_Apj)roved November 21.
CHAPTER 47.
ORDER FOR ABATING CERTAIN TAXES FORMERLY ASSESSED TO FERDINANDO THAYER AND WALTER COOK, BOTH OF MENDON. *
Upon reading the several petitions of Ferdinando Thayer and Walter Cook of Meudon, therein setting forth the adversities that have severally befall'n them, whereby they are reduced to extream poverty and distress, praying that they may be remitted and abated the arrears of their rates, assessed upon them in the years 1G89-90 and 91, yet uui)aid ; that is to say, seven pounds ten shillings from the said Thayer, and eight i)ounds fourteen shillings and twopence from the said Walter Cooke, —
Ordered, That the s''- Thayer and Cooke be allowed and abated the respective siuiis in arrear as abovesaid, and that M'- Treasurer do allow it in making up accompts with the several constables. \^Ap- proved November 28.
CHAPTER 48.
ORDER GRANTING AND CONFIRMING TO SAMUEL SEWALL AND WIFE FIVE HUNDRED ACRES OF LAND AT PENNECOOK, IN PLACE OF LANDS FORMERLY GRANTED TO THEM ON MERRICONEAG NECK. [Approved December 3.
[Printed ivith resolves, orders, etc., relating to the establishment, etc., of towns, etc.']
90 PiioviNCE Laws (i?esoZve6' e^c). — 1(31)5-0. [Chaps. 49-51.]
CHAPTEK 49.
ORDER FOR GRANTING AND CONFIRMING TO JAMES RUSSELL ONE THOUSAND ACRES OF UNAPPROPRIATED LAND NEAR QUINSIGA- MOND POND. [Approved December 3.
\^ Printed with resolves, orders, etc., relating to the establishment, etc., oj towns, ete-j
CHAPTER 50.
VOTE FOR APPROVING AND ALLOWING THE PROVINCE TREASURER'S ACCOUNTS FROM MAY 29 TO NOVEMBER 7, 1695.
TiiK ACCOMPTS of M^- Jaines Taylor, treasurer aud reeeiver-gen**- for this province, beginning the 29"' day of May, IG'Jo, aud continued unto the 7"' of November following, amounting unto the sum of twenty-seven thousand seven hundred ninety-seven pounds ten shil- lings and one penu}', having been presented and laid before the house of representatives and inspected by said house, l)y which it ai)pears there was standing out, on the said 7"' day of November, the sum of eight thousand six hundred thirty-four pounds nine shillings and tenpence, to be drawn into the treasury and further to be accompted for, —
Voted, In concurrance with tlie representatives, that the said accompts, in the several articles of receipts and payments therein mentioned, ;uii()iiuting to the sum of nineteen thousand one hundrud sixty-three pounds and threepence, be and hereby are approved and allowed of. \^Approved December 8.
CHAPTER 51.
VOTE FOR APPROVING AND ALLOWING THE PROVINCE TREASURER'S ACCOUNTS OF ARREARS FROM MAY 2'J TO NOVEMBER 7, 1695.
M"' Jamks Taylor, treasurer and receiver-general, having presented his accompts of arrears of the public rates, made in the time of the former government, beginning the "iO"* of May, 1695, and continued unto the 7"'' day of November following, amounting unto the sum of one thousand eight hundred thirty-three pounds eleven shillings and eightpeuce, aud the same being inspected and examined by a com- mittee appointed by the house of representatives, who have reported thereon that the several articles of payments made by the treasurer, charged in the said accompt, amounting to the sum of eleven hundred forty-three pounds eleven shillings and niuepence, in part of the said one thousand eight hundred thirty-three pounds eleven shillings and eight- jjence, are made good by orders and vouchers, —
Voted, In concurrance with the representatives, that the said accompt be approved and allowed of, and that M""' James Ta^'lor, treasurer, be and hereby is discharged of and from the said sum of eleven hundred forty-three pounds eleven shillings aud uinepence. \^Approved Decem- ber 3.
[3d Sess.] PiioviNCE Laws {Resolves etc.). — 1GU5-G. 91
ClIAPTEK 52.
VOTE FOR ALLOWING SIX SHILLINGS AND EIGIITPENCK, APIECE, TO WILLIAM IIOLBIIOOK AND OTHERS FOR KILLING TWELVE WOLVES. TO BE PAID OUT OF THE ARREARS OF THE RATES OF THE TOWN OF MENDON.
Voted, lu concurrance with the representatives, that Will'" Hol- brooke of Meudou and others be allowed six shillings and eightpeiice, npc'ice, for twelve wolves by them kilUMl, out of the arreures of the rates of the town of Mendon, granted in the time of the late government, being so inueh as the law then allowed, and that M''- Treasurer do aeeordhigly pass the same, in aecoimtiug with the constables of said town. [Ajqrroved December 4.
CHAPTER 53.
VOTE RESCINDING THE VOTE OF JUNE 22, 1695, AND AUTHORIZING THE PROVINCE TREASURER TO PAY OVER TO JOHN PHILLIPS, FORMERLY TREASURER, ETC., PUBLIC MONEYS IN HIS HANDS BELONGING TO SAID PHILLIPS.
Whereas by an order of this Court made at their Session begun the 29".' day of May last past, y'' moneys then due from the Treasury unto John Phillips Esq^ late Treasurer of the Massachusetts Colony upon his own motion was directed to lye as a Deposit in y*^ Treasury till the Accompts of the old arreares in the time of his Treasurership be ad- justed. And the present Treafer was therein also ordered to detain the same in his hands accordingly —
And Forasmuch as the s'? Accompts are now drawn well towards an Issue, and the s^ John Phillips being very well able and of Estate Sufficient to answer what and so much of the s'? Arreares as yet are outstanding that may be properly chargeable to him —
Voted That the Effect of the aforerecited order do cease and that the Treasurer do no longer withhold the payment of the moneys owing unto the si John Phillips, he nevertheless standing obliged to make good out of his own proper Estate any sum or sums of the s- Arrears that he ought to be accomptable and satisfye for— [Apjyroved Decem- ber 6.
CHAPTER 54.
VOTE FOR ALLOWING SIXTY POUNDS TO ISAAC ADDINGTON, SECRE- TARY OF THE PROVINCE, FOR HIS EXTRAORDINARY SERVICES IN THE YEAR 1695-6.
This House considering the constant Labour & Charge of Isaac Addington Esqr His Maf Secretary ; and that there are no Fees or Perquisites belonging to his Place any way proportionable to his Pains, Do grant that there be allowed unto the sd Isaac Addington Esqi- Secretary, out of the publick Treasury the Sum of Sixty pounds for his extraordinary Service in this present year 1695. And pray that the Hon''''' the Lieut Gov"^ & Council will order the payment of it accordingly. {^Concurred in by the Council^ and approved December 10.
92 PnoviNCE Laws {Besolves etc.) . — lG'J5-6. [CiiAi's. 55, 5»).]
CHAPTEK 55.
VOTE FOR ALLOWING FIFTY POUNDS OUT OF THE PUBLIC TREASURY, TO NATHAN lEL HALL, LATE SURGEON AT PEMAQUID, IN FULL FOR HIS WAGES AND THE ANNUAL PENSION GRANTED TO HIM BY THE LATE COLONY OF NEW PLYMOUTH.
Upon reading the petition of Capt. Nathaniel Hall and ace'*- annexed, therein setting forth that there is due unto him a considerable sum of money for wages for his serving as chirurgeon to his maj'"''- garrison at Temaquid, and looking after several persons wounded in his maj""'- service, and for the arrears of an annual stipend granted unto him as a maimed souldier by the general court of the late colony of New Plimouth, his whole demand amounting unto sixty-three pounds, —
FotecZ, In concurrance with the representatives, that there be paid unto the said Capt. Hall, out of the treasury of this province, the sum of lifty [)ounds, in full of his said demands and stipend of five pounds a year during his life. [Appruved December 11.
CHAPTER 5().
DRAUGHT OF A LETTER TO THE GOVERNMENT OF THH COLONY OF CONNECTICUT RESPECTING THE BOUNDARY LINE BETWEEN THAT COLONY AND MASSACHUSETTS, TOGETHER WITH THE VOTE APPROV- ING THEREOF.
Hon'^.'*^ S"-/.
Yo'-'' of the 22'-' of Octobl past very Humbly directed has been re- ceived & perused In which wee observe your generous offer for our Compliance to a Line run by persons of your single appointment without our approbation or Consent, We intermeddle not witli their Sivill ; l>ut how far an Observation taken at that Season of the year, and with a new untryed Insti'ument, is to be depended upon may be worthy of Consideration, Comissioners from our Selves at your Uecpiest did lately attend a meeting with yo'"^ to have agreed on the place wliere to begin the Line, That so Artists might have been set thereon to carry the same thro, which was declined by those from you.
Gent.
Wee cannot but thinke you unreasonably give us trouble in a matter that has been anciently Setled and Stated by Artists of most approved and unquestioned Skill, a great many year's before the granting of yo^ Charter ; which is bounded u|)on our Line ; however our General Assembly at the motion of yo- Comissioners did formerly make some 'Concession in yo- Favour, Provided it were accepted by j^ou within a certain time therein limited. And notwithstanding the Elapsing thereof, the Hon*^' our IJ Governo- and Council did again offer the same unto yo- Comission" at Boston this last Sumer, would they have taken up therewith Your Conclusion That it will be no disadvantage to yo- Selves or us that it be done before our Governor, come over may carry something of Argument on yo- part, Wee fear none by the delay, being determined to hold to our Line already so well and orderly Stated, and if you acquiesce not therewith, to improve such further
[3d Sess.] Province Laws {Resolves etc.). — 1095-0. 93
Claim as we lawfully may by virtue of his maj'^" Royal Grant. Yon may rest assured that the Kings Governo'' over this his Province will not easily foregoe any part of his Jurisdiction.
We wrote you the last Suiner about a Subject which we apprehend far more necessary at present for his Maj'*'' Service tiian the adjusting of Lines, namely to have 3^our assistance both in men and money for a joint prosecution of the War against the comon Enemy ; which you wholey pass over in Silance, and seem not to take notice of, nor are so kind as to make any answer unto, as if not concerned therein
We hope yo- Charity as well as duty will revive the Consideration of that matter with you, that we may actually receive yo^ assistance in the* Spring against the declared and avowed Enemies not onely of the English Interests but of the Protestant Religion.
You shall alwaies find us ready to give such assistance unto yo^ Selves as we may be able for the promoting of his INIaj'^' Service within yo- Colony ; being siiicer'ly desirous of maintaining a good understanding aiid correspondence with our fellow Subjects of the neighl)ouring Governments.
]>oston, Dec!" 12* 1095 : Voted in the house of Representatiues and past in y" afflrmatiue & sent up to the hon''!* Ll Gou^ «fe Councill for a (Joncurrance
Nehemtaii Jewet Speaker Vot*^ a eoncurrance in Council. Decf 12* IG95.
Is* Addington Secry. — [Pla-ssecZ December 12.
CHAPTER 5 7.
DRAUGHT OF A PROCLAMATION FOR THANKSGIVING, AND THE VOTE ORDERING THAT IT BE PRINTED AND PUBLISHED.
A BILL appointing of Thursday *the sixteenth day of Jan'"^- next to be a day for public Thanksgiving was read and past to be printed and published, — \_Decemher 13.
Province of the
Massachusetts Bay
IN N E:
P>y the Hon'i' the Li Govf Council & Assembly Considering the manyfold Experience the Inhabitants of this Prov- ince have had of the Preventing Goodness of God, during the present A^^'ar ; inasmuch as tho we have been cast down ; yet we are not de- stroyed thereby ; and that in some Towns there has been a full Har- vest ; and in others, so much is reserved towards our necessary suply of Bread ; and that there has been plenty of Grass in the field ; Health in our Borders ; And that Success has been granted to His INIajesty & y" Confederate Arms, this last Sumer
This Court do Order that Thursday the sixteenth day of January, next be observed as a Day of solemn & publick THANKSGIVING throughout the Province, hereby forbidding all servile Labour thereon : And the Ministers & People of this Province are Exorted in humble & cheerfull maiier to attend so great a Duty : That so God may continue to grant us what is convenient for us ; and that we may imploy all the Gifts of God, only in His Service and to His Honor & Glory.
94 Province Laws {Resolves etc.). — lGi)5-fJ. [Chaps. 58-00.]
CHAPTER 58.
VOTE FOR ALLOWING FOUR POUNDS TWELVE SHILLINGS AND EIGHT- PENCE TO HENRY DERING, CLERK OF THE HOUSE OF REPRESENT- ATIVES, FOR HIS SERVICES.
Voted., in the House of Representatiues., and Past in y^ affirmatiuc that TIenry Dering be allowed, and paid out of y*" Publick Treasury of this I'l-ovinee the Summ of foure Pounds twelue shillings & 8'' In full for his S<'rvice as Gierke to this House — \_Concurred in by the Council^ and approved December 13.
CHAPTEE 5 9.
ORDER APPOINTING A COMMITTEE ON THE PETITION OF THE IN- DIANS AT NATICK TO SURVEY, ETC., LANDS CLAIMED BY SAMUEL GOOKIN AND SAMUEL HOW. [Approved December l.-i.
[Printed with resolms, orders, etc., relating to the establishment , etc., of towns, etc."]
CHAPTER 60.
ORDER FOR ABATING TO THE TOWN OF SUFFIEID TWO HUNDRED POUNDS OF THE SUM ASSESSED UPON THAT TOWN, AND FOR COL- LECTING THE REMAINDER AS ALSO THE ARREARS OF TAXES DUE BY THE TOWN OF ENFIELD.
Upon Consideration of the Interruption given unto the Inhabitants of the Town of Suflield within this hisMaj'-^^' Province, by the Govern- ment of Connecticutt, claiming the s'-' Township or the greater part thereof to fall within the Line of their Paitent ; whereby they are very much in arrear and behind of their Proportion to the Publick assess- ments the Sum of ffour hundred tliirty two pounds Seven Shillings aiul nine pence as appears by the accomi)ts of the Treasury ; which vSum they are unable to pay without apparent ruin and breaking up of the Town.
Ordered, That the s'^ Town be abated the Sum of two hundred pounds out of £.284: 15 : 10. due from them as arrears of the Assessm'? granted in the time of the former Governm? And that m- Treasurer do by al! the powers and directions provided in the Law, pursue the calling in of all the remainder of the publick assessm'.' standing out in the s*' 'I'own , as also what is outstanding in y'' arrears of the Town of Enfield [Ap' proved December 14.
[4th Sess.] Provincte Laws {Resolves etc.). — 1G95-6. 95
RESOLVE, VOTES, ORDERS, AND PROC- LAMATION
Passed at the Session begun and held at Boston, ON THE Twenty-sixth* day of February, A. D. 1695-6.
CHAPTER 61.
RESOLVE DECLARING THAT THE WANT OF A QUORUM OF THE REPRE- SENTATIVES ON THE DAY TO WHICH THE GENERAL COURT STANDS ADJOURNED DOES NOT DISCONTINUE THE ASSEMBLY.
It being queried, upon the law of the province t for asce^-taining the number and regulating the house of representatives, whether the non- appearance of the full number of forty representatives on the clay appointed to meet by the adjournment do not discontinue the court (his honour proposing to call a new assembly), after debate thereon the council and house of representatives, —
Resolved it in the negative. [^Passed February 28, 1695-6,
CHAPTER 62.
VOTE FOR ALLOWING FORTY POUNDS, EACH, TO THOMAS DANFORTH, WAIT WINTHROP, ELISHA COOKE AND SAMUEL SEWALL, JUSTICES OF THE SUPERIOR COURT, ETC., FOR THEIR SERVICES TO DECEM- DER, 1695.
Voted in the house of Representatives. That Tho : Danforth Esqf Waite Winthrop Esqf Elisha Cooke Esqf & Samuel Seawall Esq! Be Paid out of the Publique Treasury of this Province, forty Pounds Each, for their last yeares Service as Judges of the Circuits (to Dec: last)-/. \_Concurred in by the Council, and approved March 6', 1695-6.
CHAPTER 63.
VOTE FOR ALLOWING FORTY POUNDS TO CAPTAIN STEPHEN GREEN- LEAF OF NEWBURY, A WOUNDED SOLDIER.
Upon reading the petition of Capt"- Stephen Greenleaf of Newbury, lately wounded and maimed in his maj'^^- semdce, praying some
* The General Court stood adjourned to this day ; but a violent snow-storm with a high wind, on the 25th, so impeded travel, that but ten representatives appeared at the appointed time. The 26th was an extremely cold day, and this, with the difHculty of travelling through the snow-drifts prevented the attendance of more than thirty-two repre- sentatives on the 27th. The Court was therefore adjourned to the 28th, when, a quorum of the House being present, a speaker was chosen, and the Assembly proceeded to busi- ness. See note to resolve, chapter 61, of this ybox^post,
+ 1692-3, chapter 38, vol I,, p. 88, ante.
96 Province Laws {Resolves etc.) . — 1G95-6. [Chaps. G4-GG.]
allowance and compensation for his smart, cure, loss of time and of the use of his left hand, —
Voted^ A concurrance with the representatives, that the said Capt. Stephen Greenleaf be paid, out of the province treasury, the sum of forty pounds, which shall be in full of what he hath been out upon cure and what yearly pension he might have expected had not this been granted. \_Approved March 7, 1695-6.
CHAPTER 64.
ORDER FOR PAYING THIRTY SHILLINGS A MONTH TO ALL ABLE SEA- MEN EMPLOYED IN HIS MAJESTY'S SERVICE.
For the better Encouragement of Seamen and Souldiers to attend his Maj'y' Service
Ordered, That the pay of all able Seamen imployed in said Service be Thirty Shillings ^ month. And that all Souldiers imployed in an Expedition to Port Koyal or any other place within the Bay of Fundy be paid the like Sum of Thirty Shillings ^ month each private Senti- nel-/. \^Approved March 7, 1695-6.
CHAPTER 65.
VOTE FOR ALLOWING THIRTY-ONE POUNDS FIFTEEN SHILLINGS AND FOURPENCE TO CALEB RAY, KEEPER OF THE PRISON IN BOSTON, FOR THE KEEPING OF BOMAZEEN AND THREE OTHER INDIAN CAPTIVES.
The accompt of Caleb Ray, keeper of his maj''^"'- goal in Boston, of his charges and expences, for the keeping and diating of Boma- zeen and three other Indian captives, from the first of March, 1694-5, to the 27"' of February, 1695, with charges relating to the prison and other iM'isoners there, amounting to £45 1. 2d., was presented, and the allowance made by the representatives of thu'ty-one pounds fifteen shillings and fourpence towai'ds the same, to be paid unto the said keeper, out of the public treasury, which sum does include the £10 13s. allowed by this coiu't at then* sessions in May last, no order hav- ing been made out for payment thereof, was read and a concuiTance therewith, —
Voted. \_Approved March 7, 1695-6.
CHAPTER 66.
"VOTE FOR ALLOWING COMPENSATION TO JAMES MAXWELL, DOOR- KEEPER TO THE GOVERNOR, COUNCIL AND ASSEMBLY-
Voted, That James Maxwell Doorkeeper and Messenger, be allowed and paid out of the publick Treasury, after the rate of thirty pounds ^ annu for his Service in attending the Hou^'^ the D Governol and Council as also the Assembly at their Several Sittings in this year end- ing the Eighth — day of June next comeing \^Approved March 7, 1695-6.
[4x11 Sess.] PiioviNCE Laws {Resolves etc.). — 1 (395-0. 97
CII AFTER 67.
VOTE AND PROCLAMATION Ari'OINTlNG THURSDAY, THE SECOND DAY OF APRIL, 1G!)G, AS A DAY OF SOLEMN HUMILIATION FOR PRAYER AND FASTING.
Voted in the Iiousg of rJopi-escntatiueH — That Thursday tlio Second day of Aprill next be sett a part as a day of Solemn Iluniiliatioii for Prayer and ff anting — [^Concurrod in by the CoiindU and approved March 7, 1695-6.
Province of the Massachusetts Bay-/.
By the Hono^*" the Lieni. Governo- and Coihander in Cheif, Council and Assembly. — .
The Sensible Effects of displeasure manifested in the late awful Re- bukes of divine pro^^dence, loudly calling us to adore the holy Sover- eignty of God, and to lye in the dust before him with humble and fervent Supplications, That he would not remember against us our Iniquitys ; But let his mercies speedily prevent us ; That he would graciously dispose the Important Affaires of the Ensueing year, Pre- serve and Succeed his Majesty in his hazardous Enterprizes, and defeat the clesignes of his Enemys ; Smile upon all the publick Inter- ests and changes wherein we are or may be concerned, Bless the husbandry, become our defence, and Advance the Kingdom of Christ throughout the world.
It's therefore Ordered That Thursday the Second of April next be Solemnly set apart for prayer with Fasting before the God of Heaven, throughout this Province, for the bestowment of the Favours above- mentioned. And all Servile Labour upon the said day is hereby strictly forbiden. Given at the Council Chamb'' in Boston the 7'!* of March. 1695/6. In the Eigth year of his Maj'^^ Reign-/.
W*' Stoughton
CHAPTER Q^.
ORDER FOR INDEMNIFYING THE PRESENT TREASURER OF THE PROVINCE, AND HIS LEGAL REPRESENTATIVES, FROM LOSS ON ACCOUNT OF DEBTS DUE FROM THE TREASURY AT THE END OF HIS TERM, EXCEPT FOR WHAT HE IS CHARGEABLE WITH THROUGH MISTAKE, ETC.
Upon Consideration, That by reason of y" frequent demands, made from y® Treasury : for his Maj''.™ Ser\dce ; relateing to y'' affayres of y® Warr, defence of y'' Province, and Support of his Maj*y^ Gouerm' with in y*^ same ; before y*^ Suppl3's, from time, to time, granted: can be collected, and drawn in ; the Treasurer, is necessitated, to draw upon Constables, Collectors, & other Sub Receivers : to answer & discharge such orders, or debentures, as are granted, unto officers, Souldiers, Seamen, & others, or otherwise to giue Creditt, in the Treasury Bookes, unto y'' persons haueing such Orders, or debentures, for y*^ Severall Summs therein expressed ; or for so much thereof, as he is not enabled to pay presently ; whereby they haue advantage, of discount- ing, what they are indebted to the Publick, on acco' of Taxes, Impost,
98 Province Laws (Jiesolves etc.). — 1695-G. [Chap. 09.]
Excise, or other wise, & may gradually receiue & be fully paid what is oweing unto them as" afores(i:, which way, and method, is experi- enced to giue great Sattisfaction ; & to quiet tlie clamours, & discon- tents, which would other wise arise ; And with out which, his Maj'-V Service would be greatly discouraged, and disap[)oynted.
To the Intent tlierefore. That the Treasurer, nor his Ileires, be any wayes Injured, or damnifyed, by reason of his death, or removeall, from y'' stl : Ollice : before Jiis notes, or orders, drawn, or to be drawn, upon Constables, Collectors, or other Sub Ueceivcrs, be brought in, and Accounted for ; or the Creditts, made, or to be made, as afore- said : be fully Issued ;
If. If Ordered, that at the death, or otlier Ivemoveall of the Present Treasurer ; his Successor, in the said Ollice, upon Transmitting of the Accomi)ts of the, Treasury unto him, shall accept, and lleceiue the same, in such form, as the Generall Assembly ; shall approve, and direct; so as to indenniify, and Secure the present Treasurer: his Ileires, Executors, or Administrators, from being personally Obliged, or any wayes liable, to answer any Creditts, or other Just dues, from the Treasury, at that time, other, than what by mistake, he is person- ally chargeable with/ [Apj^roved March 7, IGOo-G.
CHAPTER 69.
ORDER FOR REVIVING AND CONFIRMING AN ORDER OF THE GEN- ERAL COURT OF PLYMOUTH COLONY, IN 1682, RESPECTING THE MAINTENANCE OF JONES-RIVE H AND EEL-RIVER BRIDGES, AND PROVIDING FOR THE REBUILDING AND FUTURE MAINTENANCE OF SAID BRIDGES.
WiiEKAS at a Gcn"^ Court holden at Plimouth for that Colony the G' of feb. 1G82. before that Colony was deuided into Countys It was Or- dered that Plimouth with the other Southern Towns should maintain Jons Hiuer l>ridge & the Ele Riuer bridg according to Proportion as they are in the Cnntry Rates. & that the said Towns shall be free from being charged towards the building any other bridg out of their Ke- spectiue Townships.
And Jons Riuer bridg being Lately burned Down & the Ele Riuer bridge falling to decay The Justices in Sessions at Plimouth makeing application to this Court for the Confirmation ^<: Reniuing of the said order
This Court on Consideration of the Premises do Reuiue & Confirm the aboue Recited order for maintenance of the said Bridges
And for the speedy Rebuilding of Jones Riuer bridge & future Maintenence of both the said bridges
^?td «Y's/»r//ier order? that the Justices in quarter Sessions in the County of Barnstable shall appoint some meet p'"son or p'"sons to Joyn with the Select men of the Town of Plimouth or such as they shall ap- point & soe from time to time as occasion shall Require who shall take Effectuall order for the Rebuilding Jones Riuer bridge & maintenance of both the said Bridges the Charge wherof to be borne & Defreyed by all the Towns in the Count}' of Barnstable & Town of Plimouth ac- cording to Proportion as they are in the Cnntry Rates as was for- merly ordered And that the Causways leading on to the said bridges shall be Repaired from time to time by the Towns in which they lye as hath been formerly accostomed
[3d Sess.] Province Laws {liesolves etc.) . — 1G95-6. 99
And father it is hereby ordered That the Towns of Sittuate IMarsh- fcild & Dnxbury sliall maintaine the North Riner bridge according to rormci- agreement of tliat Colony & the said Towns to be free from being charged towards the buildhig or maintaining of any other bridge ont of tlieir Respectiue Townships l^Ajyproved March 7, 1095-6.
CHAPTER 70.
ORDER FOR PAYING OUT OF THE PROVINCE TREASURY TO SUNDRY PERSONS THE VALUE OF UNENDORSED BILLS OF PUBLIC CREDIT BROUGHT IN TO THE TREASURY BY THEM.
An account of bills of credit unendorst, brought into the treasury by sundry persons, amounting to the suin of nine pounds and three shillings, was presented, and, —
Ordered, That M""- Treasurer do pay unto each of the said persons the like sum in said bills expressed. [^Approved March 7, 1005-6.
ORDERS, PROCLAMATIONS,
VOTES, LETTER, ADDRESSES, ETC.
Passed 1696-7.
[101]
LEGISLATIVE LIST
FOR
169 ^ — T^
WILLIAM STOUGHTON, Esq., Lieutenant- or Deputy-Goveunok, etc.*
(ACTING aOVERNOU.)
ISAAC ADUINGTON, Esq.,
SECUETARY OF THE PROVINCE.
COUNCILLORS OR ASSISTANTS.
Of the inhahltants 0/, or proprietors o/, lands luithin the territortj formerly called the Colony of the Massachusetts Bay: — •
William Stoughton, Esq., Samuel Sewall, Esq.,
Thomas Danforth, Esq., Isaac Addington, Esq.,
John Ptnchon, Esq., John Phillips, Esq.,
Wait Winthrop, Esq., Jonathan Corwin, Esq.,
Bartholomew Gedney, Esq., Samuel Siirimpton, Esq.,
James Russell, Esq., William Browne, Esq.,
Elisha Cooke, Esq., John Foster, Esq.,
John Hathorne, Esq., Peter Sergeant, Esq.,
Elisha Hutchinson, Esq., Daniel Peirce, Esq.,
John Walley, EsQ.f
Of the inhabitants of or proprietors of, lands loithin the territory formerly called Neio Plymouth : —
William Bradford, Esq., John Thacher, Esq., J
Barnabas Lothrop, Esq., Nathaniel Thomas, Esq.,§
John Saffin, EsQ.f
Of the inhabitants of or proprietors of land loithin the territory formerly called the Province of Maine : —
Samuel Wheelwthgiit, Esq., Charles Frost, Esq.,
Eliakim Hutchinson, Esq.
Of the inhabitants of, or proprietors of, land within the territory lying between the river of Sagadahoc and Nova Scotia : —
Joseph Lynde, Esq.
• For the full title, see note * on p. 71, and note t on p. 43, aiife.
t By Sevvall's Diary it appears that he was chosen for the province, " at large."
X Thacher took the qualifying oaths September 17th. lie was not present iluring the first session. — Council Records, vol. VI , p. 472.
§ Thomas appears to have first sat in the Council, September 16th; but there is no record of his having taken the qualifying oaths.
[103]
104 Province Ijav^s {Resolves, etc.). — 1696-7. [Rephesentatives.]
REPRESENTATIVES or DEPUTIES.
May 27, 1696 to March 31, 1696-7. PENN TOWNSEND, Esq., Speaker.
Boston,
Dorchester,
Roxhiiry,
Milton,
Braintree,
Hingham,
Weymouth,
Dedham, Mcdjield,
County of Sdffolk.
Maj. Penn Townsend, Esq., John Eyre, Esq., Capt. Nathaniel Byfield, Mr. Nathaniel Oliver.
Capt. Samuel Claj).* Lieut. Samuel Ruggles. Mr. George Sumner.f Mr. Nathaniel Wales.J Ensign David Ilobart.
JNIaj. Ephraim IIunt,§ Capt. Ebenezer White. Mr. John Fuller. INIr. Joseph Clark.
County of Middlesex — Concluded. Reading, Capt. John Browne.
Newton, Mr. John Ward.
Watertown, Capt. Benjamin Gearfield,
senior.**
Mr. Samuel Manning. Mr. Nathaniel Hill. Mr. Joseph Noyes, senior.f f Mr. Abraham Williams.
Billerica, Chelmsford^ Sudburg, Marlborough,
County of Middlesex.
Cambridge, Charlestoion,
Maiden,
Concord,
Woburn,
]\Ir. John Lcverett. Capt. Riehard Sprague, ]\Ir. Nathiuiiel Cary.
Capt. John Gi'een. Capt. Ephi'aim Flint. Maj. James Convers.^f
Counts of Bristol. Bristol, Mr. Ebenezer Brenton.
Taunton, Mr. John Ilathway,
Capt. Tliomas Leonard.f J Rehobolh, Deacon Samuel Ne\vman.§§
Swanzey, Mr. Obadiah Bowen.^^
Little Compton, Mr. William Southworth. Tiverton, Maj. Benjamin Church.
Kittery,
County of York. Lieut. John Shaplelg
* " Clapp," iu tbo Secretary's list.
t Not iu the Secretary's list, although he was sworu and his eloctiou appears in the town records.
X It appears by the town records that Mr. Nathaniel Wales was paid £G as representative, anno 1696.
^ The signatures of Hunt and AVhito appear together in the list of sworn representatives. It is con- jectured that Weymouth sent two deputies this year. The town records are deficient at this date, and the name is not iu the Secretary's list ; l)ut " Lieutenant," or " Captain," Ebenezer White was an inhabitant of this town, and was selectman in 1693-1, and no other person of this name is known, to whom the signature to the qualifying oaths may be ascribed.
If An important decision by the House of Representatives, this year, which would appear in the journals of the House, were they in existence, has been preserved l:y means of the following entry in the town records of Wolmrn : —
"May y- 11"' (1696) the fifreeholdcrs and other Jnhabit'.* of Woobourne qualefyed as the Law directs, vpon due warning giucu, assembled & mett together and made choyce of James Convers juni and LI Joseph wright to serue as their deputyes for ye yeare Jnsucing, they to serue in y' place severaly and not together, the one at one sessions of s'} Court & y" other at an other sessions and so sucsessiuely dureing y sevcrall sessions of y; Gen'} Court dureing this whoU yeare, or till ye s'' Comt be disolued, May ye 28 1696) ye Gen\i Court disalowed of two deputyes serving in ye manner abou s'J and voted y\ only Jamf Convers should serue in all ye sessions thereof." — Vol. 4.
The practice of choosing two deputies to represent a town, alternately, during different sessions of the same legislative year, was thus declared irregular, and a precedent established for the future. See, ante, notes to the representatives, in previous years, from the following to\vns: Wenhara, 1692-3; Topsfield, 1693; and Newbury, 1694-.").
** "Garfield," in the Secretary's list, and " senior," in the town records.
tt " Senior," in the town records.
XX Leonard took and subscribed the oaths, this year, but his name is not in the Secretary's list.
^^§ At a town meeting duly warned and held, for the purpose, on the eleventh of May, " Mr. Sweeting" was chosen representative, but ho refusing to serve, Moses Read was chosen, who also refused. Samuel Bullock was next chosen, who likewise refused ; and the meeting was thereupon adjourned to the four- teenth, when Richard Bowen, senior, Nathaniel ChafToe, and Samuel Perry, successively, were chosen and refused. A new meeting was held on the twentieth, when Deacon Samuel Newman was chosen. He appeared at the opening of the first session and took and subscribed the qualifying oaths.
HIT This appears in the town records ; but his name is not in the Secretary's list nor among the names of the subscribers to the qualifying oaths.
nil "Shapleigh," in the town records, and " Shapliegh," in the Secretary's list.
[Rei'Kesentatives.] Pkovince Laws {Itesolves, etc.). — lGl)()-7.
105
County ok Essex.
Salem, • Mr. Benjamin Marston.
Ipswich, Mr. Nelieniiah Jevvet,
Mr. John VVainwright.
Newbury, CajDi. Thomas Noyes.
Lynn, Capt. John Bm-rill, jun*
Marblehead, Capt. Nathaniel jSToi-tlcn.
Beverly, Capt. John Dodg.f
Qloueesler, Capt. James Davis.
Topsjield, Mr. Tobijah Perkins.f
Andover, Capt. Christopher Osgood.
Haverhill, Mr. Peter Aycr §
liowlcy, Mr. James Uiekinson.
Salisbury, Mr. Jacob Morrill.^
Am,esbury, Lieut, John Barnard.
County of Hampshire. Norlhamplon, Mr. Joseph Parsons.
Springfield, Sergeant Luke Hitchcock. || Ualfield, Cax^t. Samuel Partrigg.
County of Plymouth. Plymouth, Mr. Nathaniel SouLhworth.
Marshfield, Mr. Isaac Little.** Scituale, Mr. Samuel Clap.ff
Bridgeivater, Mr. David Perkins.
County of Baknstaule. Bar7istable, Mr. -Tohu Otis, Sandwich, Stephen Skcffe, Esq.JJ
Yarmouth, Mr. Thomas Sturgis.§§
Eastham, Mr. Thomas Paine.^^
Island of Nantucket. Mr. James Coffin. II II
Dukes County.
Edgarto'wn
and . Chilmark,
}
Mr. Matthew Mayhew.
ADDINGTON DAVENPORT, Clerk.
JAMES MAXWELL, Doorkeeper, and Messenger to the Lieutenant
Governor and Council. HENRY 'EM.M.'ES, Messenf/er of the House of Representatives.***
* " Capt. John Burrell," iu the Secretary's list; but" .John Burrill, juu'," in the town rccordj.
t "Dodge," in the Secretary's lists for this and previous years, and also iu the town records.
X See note to this name in the legislative list for the previous year,
^ " Eyre," in tlie Secretary's list.
H " Morrell," in the Secretary's list and the town records.
II "Sergeant," in the town records.
** At a town meeting duly held for the purpose, on the eighteenth of May, Joseph Waterman was chosen representative for this year, tmt, he declining to serve, Mr. Isaac Winslow was next chosen, who also refused; whereupon another meeting was appointed for the eighth of June, when Samuel Sprague and John Foster, successively, were chosen and refused ; and still another meeting was appointed for the first Monday in July. As Isaac Little appeared, and took and subscriljed the qualifying oaths, it is inferred (hat he was chosen at the meeang last appointed, although no memorandum of the fact of his election has been found in the town records .
tt "Clapp," in the Secretary's list.
Xt " Skiife," in the Secretary's list, and " Skiff," in the town records.
^^ Erroneously written " Francis," in the Secretary's list ; but it is " Thomas," in the town records, and so subscribed to the qualifying oaths.
HH "Pain," in the Secretary's list.
nil Not in the Secretary's list, and the town records are not preserved; but his name appears in the list of representatives of the year previous, and he subscribed the qualifying oaths this year.
*** Frames was granted compensation for his services in this capacity during the Novemlier session, this year, and Roljert " Gutterid^e," or Goodrich, was paid for similar services rendei-ed during tlie last session. The latter, however, clearly appears to have acted as a special messenger for a particular service, and there is nothing on record to show that Emmes held the office by a standing appointment ; while the comparatively large compensation received by Maxwell, and the express declaration in resolve 67, post, that he was paid for a year's service, in attending the Lieutenant-Governor and the Council, and for "attendance on the Assembly [i. e., the House] at their several sittings this year," lead to the con- clusion that he was, probably, the regularly appointed, or standing, messenger as well as doorkeeper for both branches. — Compare resolves 67, 81 and 82, post.
Note. — The members of the General Court signed tlie "Association" under the act of parliament, 7 and 8 Wm. III., ch. 27, for the first time, on the eighteenth of September this year. The following are the only names not sul)scril)ed to this paper, which is preserved in the state archives, vol. 106, p. 39-5; viz.. Wait Wiuthrop and Bartholomew Gedney of the Council, and Sumner, of Milton; Wales, of Braintree; White, of Weymouth; Clark, of Medfield; Gary, of Charlestown; Leonard, of Taunton; Bowen, of Swanzey; Church, of Tiverton; Shapleigh, of Kittery ; Partridge, of Hatfield; Little, of Marshfield; Clap, of Scituate; Perkins, of Bridgewater and Sketfe, of Sandwich.
ORDERS, PROCLAMATION, VOTES AND DRAUGHT OF LETTER
Passed at the Session begun and held at Boston, ON THE Twenty-seventh day of May, A.D. 1696.
CHAPTER 1.
ORDER AND PROCLAMATION APPOINTING THURSDAY, THE EIGH- TEENTH DAY OF JUNE, 1696, AS A DAY OF PUBLIC THANKS- GIVING.
A BILL Avas ordered to be drawn up for appointing of a day of publick tlianksgiving for tlie earl}' discovery of a horrid and detestable plott and conspiracy to assassinate the royal person of his sacred majesty, and the preservation of his maj'^- and his kingdoms from insurrection and invasion, and accordingly presented, read and agreed to be upon Thursday, the 18* of June next. {^Approved May 30.
Province of the Massachusetts Bay. By the Hon^!*" the D Gov- and Comandv iu Chief in and over his Ma'4. Province of the Massachusetts Bay in N. England, the Council and Representatives in General Court assembled within the same. —
This Court being affectionatly Sensible of y*^ singular Providence of God iu the Early discovery of a most horrid and detestable Conspii'acy to Assassinate the Royal Person of our most Gracious Sovereign Lord the King ; whome God has eminently Syiirited to expose himselfe in the defence of the Protestant Interests And upon whose life the Safety and Welfare of his Maj'-^'s Dominions do so iutirely depend ; And at the same time to make an Insurrection within his ma'^^ Kingdoms iu Conjunction w* an intended Invasion by his Enemies from abroad ; The Intelligences whereof are lately arrived to these parts ; And as we have a just detestation and abhorrence of so Villanous and barbar- ous a design ; So we accompt it our duty to acknowledge with all humble thankfulness the Special and Signal mercy and Goodness of God in detecting and preventing of the same from takeing I^ffect. And Do therefore appoint and Order That Thursday the Eighteenth of June next be Set apart as a day of Publick Thanksgiveing throughout this Province And hereby Recomend it to the sev- eral Ministers and Congregations within the same to offer up solemn and hearty prayses unto Almighty God for so great de- liu''auce and preservation of his Majty and his Kingdoms. And therew'*' to conjoyne their sincere and fervent Supplica-
tI07j
108 Province Laws {Resolves e^c). — 1696-7. [Chaps. 2,3.]
tions That God of bis infinite mercy would continue bis Gra- cious Providence towards bis Maj'^- preserve bis life, prosper his Governm^ Detect and frustrate all y* attempts of false and Traiterous Conspirators, and Succeed bis armes both by Sea and Land. And all Servile Labour is hereby forbiden upon the said day — Given at the Court house in Boston In y* S'** year of bis Ma'y^ Reign.
CHAPTER 2
VOTE FOR APPROVING AND ALLOWING THE PROVINCE TREASURER'S ACCOUNTS FROM NOVEMBER 7, 1695, TO MAY 7, IG9G.
The ACCOMi'Ts of M'' James Taylor, treasurer and receiver-general for this province, beginning the seventh day of Nov""-, IGO.o, and con- tinued unto the twenty-seventh day of May, 1G9G, amounting unto the sum of twenty-one thousand eight hundred and nine pounds two shil- lings and threepence, having been presented and laid before the house to* representatives, and inspected Ijy said bouse, by which it appears there was standing out on the said 27"' day of May the sum of seven thousnnd five hundred seventy-seven pounds, to be drawn into the treasury -'nd further to be accounted for, —
Voted, That the said accompts, in the several articles of receipts and payments therein mentioned, amounting unto the sum of fourteen thou- siind two Ir.mdred thirty-two pounds two shillings and threepence, be and hereby are approved and allowed of, and the said treasurer is hereby discharged of the said sum of fourteen thousand two hundred thirty-two pounds two shillings and threepence. [Approved June 2.
CHAPTER 3
ORDER FOR THE STAY OF AN EXECUTION ISSUED BY THE PROVINCE TREASURER AGAINST JOHN DEXTER, CONSTABLE OF THE TOWN OF ROCHESTER, AND FOR AUTHORIZING SAID CONSTABLE TO COLLECT CERTAIN TAXES.
Upon reading the petition of John Dexter, late constable of the toAvn of Rochester, praying to be relieved against an execution, made out by the treasurer, to levy of the petitioner's proper estate the sum of fourteen pounds thirteen shillings and one penny, being the said town's proportion to a public rate or assessment, cmno 1G94, which he therein sets forth he has not been capacitated to collect, —
Ordered, That there be a stay of the said execution, and that the selectmen of said town do draw out and deliver unto the said John Dexter a fair list of the said rate or assessment, and that he be impow- cred, by warrant from the treasurer, to collect the same. {^Ajyj^roved June 4.
* Sic.
[Irt Sess.] Province Laws (Resolves etc.). — lGl)G-7. 109
CHAPTER 4.
ORDER FOR ALLOWING TEN POUNDS TO THE SELECTMEN OF THE TOWN OF IIADL1'',Y, FOR TEN WOLVES KILLED IN THAI' 'I'OWN.
Ui'ON READiNd tl)c potitioii of Joiuitliuii INIavsli, Nath"- Wliite and Samuel Smith, late selectmen of the town of Iladiey, anno 1G94, praying that tlie said town may be reimlmi'sed the sum of tenn pounds for ten grown wolves killed in said town that year, for which payment is made out of the town stock, M""- Treasurer ix'fusing to allow the same, as the law directs, for that certificate is not returned to him in that forme as the law now provides, this matter being transacted before that form of certificate was appointed, —
Ordered^ That the selectmen of said town of Hadley be allowed and paid, out of the public treasury, the said sum of ten pounds. \_Ap- proved June 6.
CHAPTER 5.
ORDER FOR ALLOWING SIX POUNDS TO THE SELECTMEN OF THE TOWN OF HATFIELD FOR SIX WOLVES KILLED IN THAT TOWN.
Upon reading the petition of Thomas Nash and Nath^- Graves of Hatfield, praying to be allowed, out of the public treasury, the sum of six pounds for six wolves, as by certificate under the hands of the selectmen, which was passed before the law now priiescribing another forme for certificates, —
Ordered, That the selectmen of said town of Hatfield, in behalf of the town, be allowed and paid, out of the public treasury, the said sum of six pounds money. \_Approved June 6.
CHAPTER G.
ORDER FOR ALLOWING AND PAYING OUT OF THE PROVINCE TREAS- URY THE SUM OF TWO POUNDS THIRTEEN SHILLINGS AND TWO- PENCE TO JOHN DEXTER, LATE CONSTABLE OF THE TOWN OF SANDWICH.
Upon reading the petition of John Dexter, late constable of the town of Sandwich, within the county of Barnstable, therein setting forth that by the miscast of the list of the first part of the tax or as- sessment of four shillings per poll and fourpence on the pound for estates, made in the year 1095 and committed to him to collect, he is overcharged, in the sum total of said list, fifty-three shillings and two- pence more than all the particulars will make up or amount unto, and that distress is made of his estate by virtue of the treasurer's warrant ; praying to be releived, —
Ordered, That the petitioner be allowed and paid the sum of two pounds thirteen shillings and twopence, out of the public treasurer.* {^Approved June 8.
» Sic.
110 Province Laws (Besolves etc.). — 169G-7. [Chaps. 7-9.]
CHAPTER 7.
VOTE FOR ALLOWING AND PAYING TO THE TOWN OF BOSTON, FROM THE PROVINCE TREASURY, THE SUM OF NINETEEN POUNDS AND FOURTEEN SHILLINGS, PURSUANT TO THE ACT OF NOVEMBER 2-3, 1692, FOR PUTTING AND KEEPING IN REPAIR THE TOWN-HOUSE IN BOSTON.
An accompt of disbursments made by the town treasurer of Boston for paving about the town-house in Boston, amounting to the sum of thirty-nine pounds eight shillings, sent up from the representatives, with their vote thereupon that the one-half of said accompt, being nine- teen pounds fourteen shillings, be allowed, and paid out of the public treasury, pursuant to an act of the province for repairing of the town- house, was read and a concurrance therewith, —
Voted. {^Approved June 9.
CHAPTER 8.
VOTE FOR GRANTING TO SAMUEL SEWALL AND "WIFE FIVE HUN- DRED ACRES OF LAND ON THE NORTH SIDE OF CONNECTICUT ROAD, TO COMPLETE A GRANT OF ONE THOUS.YND ACRES CON- FIRMED UNTO THEM IN NOVEMBER, 1693. [Approved June 9.
\_Pnnted tvith resolves, orders, etc., relating to the establishment, etc., of towns, etc.^
CHAPTER 9.
ORDER DIRECTING THE JUSTICES OF THE COURT OF SESSIONS, AND THE .lUSTICES OF THE INFERIOR COURT OF COMMON PLEAS, FOR THE COUNTY OF BRISTOL, AND THE SELECTMEN OF THE TO"SVN OF BRISTOL FOR THE YEAR, 1695, TO APPEAR AND ANSWER TO THE COMPLAINTS OF JOHN WILKINS AND NATHANIEL OLIVER, AND ORDERING THE COMPLAINANTS TO BE PRESENT AT THE HEARING.
WuEREAS, the denyal of jury to one of his maj"*'''- subjects, and rais- ing money upon the people without their consent, as also the refusal of an appeal, have been by this hon'''''- house resolved to be greivauces, and ought to be animadverted upon and redressed ; and whereas the justices of the quarter sessions for the county of Bristol, and the selectmen of the town of Bristol for the year 1695, also the justices of the inferiour court of comon pleas for Dukes county, are complained of as the aggrievours in the articles aforesaid, in the petitions of M""- John Wilkius and M"'- Nathaniel Oliver, this house humbly moves his honour the lieut.-govcruoui" to command said justices, and the selectmen aforesaid, to attend this court, to answer such articles as in said petitions are laid against them, and to appoint the time when they shall give their attendance ; and that the petitioners be ordered to attend at the same time to prosecute their respective complaints.
And his honour the lieut.-gov'^ with advice of the council, directed
[1st Sess.] PiioviNCK Laws {Resolves etc.). — lG9()-7. Ill
tluit tho several porsons ooinplainod of as herein inentionefl, be suinoned to attend, upon the second Wednesday of the next sitting of this court. \_Approved June 0.
CHAPTER 10.
VOTE ON 'J'HE COMPLAINT OF TIIH DEFENDANT IN THE ACTION OF GOVE verms GIBSON, IN THE COUNTY OF MIDDLESEX, DIRECTING THAT THE CAUSE BE HEARD BY THE ASSEMBLY.
Upon reading the petition of Samuel Gibson of Cambridge, com- plaining of erroneous proceedings in the inferiour court of common pleas, Iiolden at Cambridge, in the county of IMidlt*-, in September, 1695, in an action of appeal there brought by the complainant from the judgement of INF- Justice Lynde (before whom he was sued in an action of trespass by John Gove) , with the vote of the house of repr(>- seutatives thereon, that the petitioner be relieved and have a hearing before this court, and that the justices of said inferiour court be com- manded to give their attendance, —
A vote past in concurrauce with the representatives, and his honour the lieut.-governour directed that the cause be sent for up. [^Approved June 9.
CHAPTER 11.
VOTE DECLARING THAT JOSEPH RICHARDSON, SENIOR, OUGHT TO BE RELIEVED IN THE MATTER OF THE JUDGMENT ENTERED AGAINST HIM ON APPEAL, IN THE COUNTY OF MIDDLESEX, IN HIS ACTION AGAINST ISAAC FOWLE.
Joseph Richardson, sen''-, of Wooburne, also complaining of error in the proceedings of tho inferiour court of common pleas, holden at Concord, in the county of Midd''-, in June, 1695, in a cause there entred against the complainant by Isaac Fowle of Charlestown, on appeal from a judgement given for the said Richardson by M''' Justice John- son, —
Voted, In concurrance with the representatives, that the petitioner ought to bo releived, and his honour the lieut.-goV- likewise directed that his said cause