USA > New Hampshire > Rolls of the Soldiers in the Revolutionary war, 1629 to 1725 > Part 52
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Be it therefore enacted by ye Left : governer Councile & Repre- sentatives & it is hereby Enacted by the Athority of the same that it shall be Lawfull for the selectmen or trusttees in ye severall townes within the province by themselves or such as they shall apoynt to de- molish any such fence or fences, as is or shall bee set up : without leve first obtained from the town to which it doth belong : & Iff after the demolishing of any such fence such person as aforesd shall presume & Atempt to goe one in such maner again it shall be in the power of A Justis of peace to send for such person or persons & bind them over to answer the same at ye next quarter sessions of the peace as disturbers of the peace of their magses subjects : & that they be of good behaver in ye meen time : & shall be puneshed at discresion of ye Court by fine or otherwas :
past by the Assembly Henry Dow Clerk
[1-62] [Vote for Serving Process to the Three-Mile Line, 1693.]
Be it Enacted &c - that It shall and may be lawfull ffor the Con- stable of Hampton or any other officer in this province to execute there office if occation be betwene Hampton bounds and the three mile line between both provinces and that thos persons liveing be- twene the 3 mile line aforesayd and the bounds of Hampton shall be liable to pay Rates att Hampton
March ye 6th 1692-3
past by the Assemble John Pickerin Clark
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628
MISCELLANEOUS PROVINCIAL PAPERS.
[1-63]
[Act concerning Births, Marriages, and Burials, 1693.]
Be it Enacted &c That it shall bee lawfull for any Justice of Peace or settled Ministr residing within this Province to Joyne Per- sons in Marriage, Providing they bee published three Publique Meet- ing dayes according to former Custome And whoesoever is Joyned soe in Marriage shall pay the Justice or Ministr soe marrying them 5$ And shall within one Weeke take care to have his marriage Recorded by the person Deputed to record Births & Burialls and to pay for the same six pence, but if they neglect it above a weeke then to pay twelve pence for every coupell soe married
Be it enacted by the Authority aforesd that the Clarke in every Towne within this Province shall record Births & Burialls & all per- sons concerned are to take care to give notice thereof to the sd Clerke within one Monthe and pay for every Birth & Buriall six pence if within one Month or else twelve pence & the Clerke to returne every Quarter of a yeare a List of all Marriages Births & Burialls unto the Registr appointed for the Province paying 2ª to the Register for every name soe Registered
By order of the Lieut Govern' & Councill
6th March 1692-3
Tho Davis Secry
March the 6th : 1692-3 past by ye Assemble John Pickerin Clark
[1-64]
[Endorsed] Treasurer Partridge his accounts approved & adjusted Presented by the Treasurer May roth 1694
Province New Hamps' -N England, anno 1693 Dr. July 26, Disburstmts on Fortt William and Mary with subsistance for soldiers with other Incident charges given in and approved of the Generall Assembly the 26, of July 1693 - £ S D :708 To Wm Richards order 6 66 6 3
To Jnº Lewis
To Jnº Russell
I IO
To Capt Jnº Woodman
To Thomas Cooper
To M' Rob' Elliott 66
13 27
To Wm ffuller
To George Snells Bill
12
6 14 18 19 IO I2
9 6 3 6
MISCELLANEOUS PROVINCIAL PAPERS.
To the Smithes for the Clamps for wheels for sd Fortt
To Sunderyes as # acct and orders filed
36 53
18
To Capt Pickerin 41 men Mounting ye Gunns
5
2
To M' Thomas Davice Secretary order
12
To Isaac Perkins
I
15
To M' Tho Davice Secry
66
7
19
To Ruth Tarlinton
2
6
To Capt Walton for wood & candles
I
II
To the Honble the Govern"
4
12
To Winthrop Hilton
4 I IO
To Margaret Langmaid
2
IO
To Subsistence of Soldiars at Cap Garishes & Good- wife Heards Garrison over & above ye 28£ allowed in former acct
II
2
IO
To the 9 Constables allowed for bringing in ye order of £600 Rate
To Capt Sha. Walton in part of ye order of £80. 16. 6
To Isaack Clarke ฿ order
I
To John Russell
I II
IO
To James Phillips
17
6
To Robert Clarck
I
15
To Capt George Long
6
13
II
To Capt Henry Penny
5
To John Cobly
6
2
To Subsistance for Souldiars in Capt Garish & l Dame Heards Garrisons # order
7
4
9
990
6
3
To Comission for £281. 7. 3 at 5 # Cent
14
I
4
£1004. 7. 7
By vertue of an order of President & Counsell bearing date Jan- uery [8th 1693-4 wee whose Names are underwriten being a Com- mitte apointed for yt end have perused and inspected the treasurers accounts and find every perticular in this within paper payd by the treasurer by order of Leftenent governor, or ye president only ye eror which wee the Commitee have spent at this meetinge
Dated this 9th day of January 1693-4
Robt Elliot Nath1 Weare Henry Grene
629
5 6
6
To Francis Tucker
3 28
7
630
MISCELLANEOUS PROVINCIAL PAPERS.
[1-65] [Act in Relation to Collectors of Taxes, 1693.] -
As an addition to a late act Entitled an act to Compell Constables to doe their Duty in Collecting rates Be it Enacted &c that where Constables are negligent in Collecting & paying in the rates legally Committed to ym that then the Warrt for distraining upon their Estates according to fformer act shall alsoe bee to aprehend & Im- prison their #sons where noe estate appears untill they find Estate to answer ye Law
By order of the House
27th July 1693 Tho Davis Secr'y
past by the Assembly 27th July 1693 - John Pickerin Clark
[The former act, referred to in the foregoing, required constables to collect all the taxes committed to them, on penalty of having their own estates levied upon for any balance remaining uncollected. These acts, and the small compensation allowed for collecting the taxes, rendered the office so undesirable that no one cared to take it ; and a law was subsequently passed imposing a fine upon any one who, being legally elected, refused to qualify and perform the duties. - ED.]
[1-65] [Report of Committee on Finance, 1693.]
Whereas we ye Subscribers hereof were chosen by the President Councill and Representatives of the Province of new Hampshire for the inspecting all accounts of disbursments of sd province and to make report thereof to sayd councill and assembly having complyed there with according to voat as by our Report given in & so ffar aproved We were by the president and councill informed we had not made Report of all we were chosen ffor ; desired and ordered to goe fforth againe and make Report what money needfull to be Raysed to continue the defence of the ffronteer garritions and to build a Citta- dell to defend the great guns all this we have considered of And doe make this Report that we are informed that the Building of a Citta- dell some [?] will apeare to doe it ffor ffive Hundred pounds
We have also considered and calculated the monthly expence of the province in defending the ffronteer garritions and other charges
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MISCELLANEOUS PROVINCIAL PAPERS.
now will amount to att least ffiftie pounds a month except some of the souldiers be discharged that are now imployed upon service
Peter Coffin Henry Greene Henry Dow John Pickerin -
Dated 27 July 1693
[1-66]
[Addition to the act concerning the collection of taxes, passed August 1, 1693. See Vol. III. p. 187. - ED.]
[1-67]
[Act to prevent the profanation of the Lord's day, passed August 4, 1693. See Vol. III. p. 187. - ED.]
[1-69] [Minutes of the Council, October, 1693.]
[The following is copied from the original minutes, and does not appear in the records of the Council as printed in Vol. III. - ED.]
At a Councill held at New Castle the IIth day of October 1693
Present The Lieut Govern" John Hincks Henry Greene Nath ffryer Esqrs William Vaughan Esqrs
Peter Coffin Rich Waldron
The Lett' from S' Willm Phips dated Boston 23th August 1693 was read in Councill
Resolved that some one Person be imployed to goe to Richmond Island that may in case he meetts any Indians discourse & satisfie them that this is a distinct Governmt & that in case 'they will app[ear] by themselves to this Govert the Governmt will be ready to hear them & to accept of their submission to this Governmt & that they shall be protected in their comeing & goeing
Resolved that a Generall Assembly be forthwith called & that they meete Wednesday next
Ordered that the Souldiers be payed out of their Rates to the end of October instant
Ordered that Wednesday next come three weekes be kept as a day
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MISCELLANEOUS PROVINCIAL PAPERS.
of Thanksgiving being the 8th of November That two Representa- tives doe meete for the Towne of New Castle -
Ordered that the Treasurer pay the Secretary his Sallary accord- ing as M' Chamberlain had
At a Councill held 20th October 1693
Ordered that the Bounds of this Province from three miles Nort- ward of Merrimack River be run of on the 14th of November next according to the order of Councill made last March & that notice be given to the Govern' & Councill of the Massachusetts Governmt & that M' Joseph Dow & Sam" Dow be appointed Surveyers and that Capt Henry Dow & Capt Joseph Smith be Com's for the same and that they be payed by the Treasurer out of the publick Revenue & that they make a returne thereof to this Board
Ordered that the severall Souldiers in Garrisons be paid of and dismist the last of this Moneth and that there be onely Two left at Garrison at Hurds & Two at Woodmans
At a Councill held 21th October 1693
Upon reading the words exprest by Willm ffurbur the Board is of opinion that the same was a great afront putt on not only his Hon but the whole House and that he ought to be severely punished & made an example to deterr others from doeing the same, and that it was in his Honors power to doe as he should thinke fitt
Adjourned to 10 next ffriday
[1-70] At a Councill held the 26th October 1693
Present The Lieut Govern"
John Hincks
Peter Coffin
Nath ffryer Esqrs Willm Vaughan
Esqrs
Rob' Elliott
Ordered that the Accts of the Souldiers Imprest by Cap" Dow be paid
Ordered that the Accots of the Soulders Imprest by Cap" Packer be paid
Upon reading Cap" Packers Peticon the Lut Govern' demands of this board their advice That the ffarme continues paying Rates as formerly
Ordered that the Secretary goe for England to give their Majties an accott of the affaires of this Province
Ordered the Treasurer pay the house
[Endorsed] 1693 Minits of Council .
633
MISCELLANEOUS PROVINCIAL PAPERS.
[1-71] [Report of Finance Committee, 1693. Imperfect.]
The Above Accts Amg to - were brought in & Examined & in our opinion ought to be allowed to the respective &sons con- cerned all wch is humbly Submitted to ye Honble ye Govr & Councill by
Peter Coffin Nath1 Weare Comittee
Richd Waldron
Sundry other Claimes were brought in wch wee humbly refer to Consideration viz* :
Fra : Tucker for rent of Storehouse &c
60 mens service 4 dayes wth Arms Amunition horse & provisions. und' Comand of Capt Ichabod Plaisted to Guard ye Purveyers for his Majties Naval Stores
Capt Walton for £73. 6. wch wee find already alow'd in ye Councill book & soe not concerning us.
Bonus Norton brings in Accts to wch refer
Jonas Sanborn's Accts most of wch before this Govermt
Love Sherbons Accts most of it before this Govermt
Wm Cotten an Acct of Service
Joshua Bracket & three other men's Service in Garrison as # Capt : Woodmans Certif :
Rich Buckley rece @ Sam1 Comfort £27. 8ª
Pheasant Eastwick for Long plank long before this Govermt
[Endorsed] Several Claimes from ye Province allowed & ye minitts Council 8br 1693
[1-72] [Hannah Purmort's Petition, 1693.]
Provc. of N- Hampsh' Great Island 4th Decr 1693
To the Honered the President & counsel now setting The Hum- ble petition of Hannah Purmit Widdow Humbly Sheweth
That whereas yor petition' has had a great burthen laide upon her by the entertainment of many Soulds that have been put upon her from time to time as is well knowne to ye Commande of this Island & I believe to yor Hond selves the wch have been severall pounds out the numbr being sometimes 5 : 10: 20 persons & more at a time & having had no recompence to this day And being now in a Low con- dicion & sickly & weake & not able to manage business as formerly, & the excise [on the sale of spirits] so high that I cannot Live,
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634
MISCELLANEOUS PROVINCIAL PAPERS.
Humbly pray as some Compensation for all my great trouble & charge that I may be granted to be free of paying any excise for two years from this date, wherein you will favor your poor petition' & a very poor & Helples widow that will have cause to pray
Hannah Purmot
[1-73] [Elizabeth Fabins's Petition, 1694.]
To ye honrable ye President & Council of ye Province of Newhamp- shire -
The humble petition of Elizabeth fabins wedoe humbly seweth : that whereas shee is Left a wedo, & none to Releve hur (but God & your honors) in the Condition shee now is in : doth therefor suply- cate your honers favor in this mater - I was Informed that Capt Tho : Packer was impowered to take the probat of wills : but before I did aply my self to him I went to my nabor Pickerins had descors with him hee told mee he beleved the probat of my husbands will would cost me twenty shilens iff not more : so I went to Capt Packer to have my husbands will proved but could not have it done under three pounds I told him I had not the money about mee & that I thought it was very hard but it availed nothing for said Lefft. Rad- ford wee must have so much forty shillens Capt Packer must have & twenty shilens I must have which I was forced to pay them Af- terwards I told my nabor Pickerin of it he said he never knew such fees before & that he would inform ye governor & Councill of it & he did beleve I should be Righted in that mater.
Lest hee should faill, doe therefor humbly present this my petition to your honor praying your honors favorable construction hereof & granting releff therein in such maner as shall in your wisdom & power seem most Reqeset & your petitioner shall ever pray - as in duty bound
Dated this 8th of Jan' : 1693 - [O. S.] Elizabeth + fabins -
the marke of
-
[In Council, January 8, " 1693-4," it was ordered "that Capt. Packer forbear to grant any Probate of Wills, or Letters of Adminis- · tration, till further ordered ; & that he attend this Board on the last Tuesday this inst. to answer sd complaint." In Council, February 2, " 1693-4" it was " Ordered, That Capt. Tho. Packer return back the money to the widow."- ED.]
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635
MISCELLANEOUS PROVINCIAL PAPERS.
1
[1-74]
[Petition of John Pickering, dated January 8, 1693, O. S., asking the passage of some kind of an act regulating the fees of officers. See Vol. III. p. 114. - ED.]
[1-77] [Protection to Post Riders, 1694.]
Province of New Hampshire
John Usher Esq' Lieut Govern' and Command' in Chiefe of their Majties Province of New Hampshire in America
Whereas the bearer is employed dayly and weekly in their Majtes [service] in riding Post to and from Piscataqua and Boston in the Province of the Massachusetts Bay and in carrying and trans- porting all Mails, packetts and Letters These are therefore to Com- mand and Require all persons whatsoever within the sd Province of New Hampshire, not to molest or trouble the said - either in his person or estate during the time and space he shall continue in the said service of Post as aforesd
And all their Majtes subjects within the sd Province of New Hamp- shire are hereby required to give all aid and assistance to the said - during his continuence in the sd service as occasion may require And all persons are hereof to take notice and to yield due obedience as they will answer the Contrary at their perill Given under my hand and the seal of the sd Province at New Castle the 29th Day of January in the ffifth year of the Reign of Our Sovereigne Lord & Lady William and Mary by the grace of God of England Scotland ffrance and Ireland King and Queen Defendrs of the ffaith &c Annoque Dom 1693-4
To all officers both Civil and Military and others within the sd Province of New Hampshire whom it doth or may concern
[1-78]
[Captain John Woodman's Statement.]
Oister River in new Hampshirerery the 30 1693-4
To the Honorabl the L' Governor and Counsill now siting at new Castell £ there being A order under the debety sectris hand to all persons that hath sencs the arivell of their magestis Commisson by the Left govenor sarved their magistis or this provens in any waie or
636
MISCELLANEOUS PROVINCIAL PAPERS.
maner and er not paid and satisfied for the sam that thay bring in thair accounts as abovesaid and at this instant being unabel to cum there thes are to accwaint you that ther is dew yet to me for bording Hamptown soulders upward of thre pounds as will aper by the Hon- erd Left govanars accounts all redy med up for Hamtown soulders ther was Lickwis A impress for thoms ffotman who was Listed on the seventh day of Agust 1693 and Hath continued upon duty untel this time for which sarvis he have Resaived no thing nor no account mede for him nor for my bording of him I hop your Honers Ar not un aquainted that he Lost the yous of his Lims in thair magistis sarves in the defence of this province and was imprest as a souldr that by that mens he might get his Living and doth now atend your Honrs meting in hops to be payd for his sarves -
Your Redy Sarvent John Woodman Ca
[In Council February 2, 1694, " Ordered that Capt. Woodman's account be received, and that Thomas Footman be listed as a soldier in the forte in the mean time." - ED.]
[1-80] [Lieutenant-Governor Usher's Speech in Council, 1694.]
[The following is the speech referred to in Volume II. p. 115, as not found on record. - ED.]
A Coppie of the L' Govern's Speech Feb : 2ª 1693-4
Gentlemen : Perueseing of the minitt booke of the Councill I find on the 4th Decemb' last you have made an order upon Record that there was no order for Secry. Davis goeing home for England & that you were not acquainted wth; nor Consulted wth aboute the matter; that the truth of things may appear I looke upon my self obliged to Justifie the Secretary as to the Record :
In my speech the 18th of October, to the Councill & assembly you have that haveing been above one year } among you & my expences hath been oute of my own Estate & not Id raised for the Supporte of the honor of the Govermt: though formerly the same hath been mooved for : & noe other answer could be obtained, then by reason of poverty the same could not be supported. I doe there- fore now expect from this Generall assembly that some care be taken therein, or else to propose what may be done for security of the Inhab- itants & Supporte of this his Majests Govermt : that by this Conveigh-
1.
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MISCELLANEOUS PROVINCIAL PAPERS.
ance I may lay the same before their Majests as soe my speech on file : On the 26th of octobr I then declared to those of the Councill then present in these words, the very originall I now deliver to the dept Secry : for examination
Gentlemen, haveing spent now neer I year 1 in the Govermt & to this day I have not received one pennie from it for the supporte of it, though layd before your selves & assembly that I had spent above £200: of my own Estate besides expence of time & that in the money layd oute in the Kings Fourt Wm & Mary by constant follow- ing the finishing of the same, the Country had aboute £700 salved them : & haveing offered to your selves & the assembly to propose some wayes that I might lay before the King how the place might be preserved & the honor of the Goverment supported, & can obtaine noe answer but only Evasion pretending Poverty :
I therefore now acquaint you, Judg its for his Majesty Service to present to the King an acco" of my proceeding from step to step & likewise a true accott : (as I aprehend) of the state & Circumstance this Govermt is in & that it might be soe done have thought proper to send the Secrty by this Conveiance & you m' Secretary is ordered to prepare yourself to goe by this Conveiance to present to their Majests the state of this Province & Expect yor return again in the Spring
The Secretary haveing taken a minitt of sd ordr & noe #son said any thing to the contrary the Councill was dismissed untill the Kings occasions should require their meeting again : I doe say it was pro- posed to offer some way for Security of the place & Supporte of the Govermt : & did in these very words say I acquaint you & as above & ordered the Secry : (in plain words) to Prepare himself to goe as Expressed in minnit - now for you m' Hinks to make a minnit there was noe such ord' when the ordr was on record and to doe it withoute sending to me to know the verity I Judge it a misdimean' therefore mª D. Secretary I order you to record this//
Vera Copia of the L' Goven's speech
att : Wm Redford Dept Secrty :
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MISCELLANEOUS PROVINCIAL PAPERS.
[1-82]
[Claims for Soldiers Impressed to Serve in Garrisons, 1694.]
Oyster River : May 15 : 1694 £13. 18. 9
Capt" John Woodman claime
ffor diatt of Souldiers ffrom Hampton att his garrition ffrom the 28 of Aprill 1693 to the last of october 1693 the account being brought to one man [is] 27 months three weeks and three days att 2$ 6d } weeke - more ffor Thomas ffootmans diat imprest by order 6 months. of which I have Received
3. o. o IO. 14. 0 Rest due to me £6. 4. 9
Hampton
Henry Dow of the Committee claime ffor our men that kept Garrition ffrom 28 of Aprill 1693 to the last of october 1693 as appeared by an order ffor the Receit of mony to pay sd Souldjers which amount to ffiftie pound nineteen shillings & ten pence £50. 19. 10
Henry Green Esq' claim ffor Souldjers diat that were imprest by order to be att his mill ffor securitie of the same two men two weeks and two days att 2$ 6d week apece IIS 4ª
[1-83] Generall Sums of ye Comittes Reportt
Tho Packer £77. 5. 4 Jnº Tuttle £ 4. 5. -
Peter Coffin 5. 9. - Oyster River 6. 4. 9
Hampton 50. 19. 10 Mr Green II. 4
James Randall Ben Seve Joseph Reed Captt Walton 81. 18. 8 M' Elliott & Capt ffryer
£226. 13. II
Wee underwritten appointed a Committee to receive the Claims of all #sons that have served or disburst any thing for the use of the Province doe make or return that the Claims brought into us amount to two hundred twenty six pounds thirteen shillings & eleven pence According to the above mentioned
Dated this 15th : May 1694 - Henry Dow John Woodman Shadrach Walton Tho : Packer Jnº Tuttle
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MISCELLANEOUS PROVINCIAL PAPERS.
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[1-84]
Cap Walton Sir I have understood this day that there was a Commetee apointed to take the account of every man that Claymed any thinge due to him from the province and tackinge yr selfe to bee one of sd Comite : let me Informe your selfe That I was to have four pounds a yeare for ye use of my store house where theire maj- estys stores are kept I have reseved 525 for the last yeare there is the sume of £1-8-o more due to mee : and for this 2ª yeare which is from the 5th day of Januery last to this day more due which is upward of 30s pray let there bee an account taken notise of that I may have my due I am yours
May 17th 1694 : Richard Stileman
Pro Dr To a Warehouse to keep ye Kings stores in from 5 Jany 1692 to roth May 1694 is 16m 5da
£5.7.9
By soe much Recd of the treasurer £2. 16. 8
Due to the 5th May : 94 2. II. I
5. 7. 9
[Endorsed] Allowed to the roth Novemb" 1694 Mr Stileman £4. II. I.
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[1-87] [Order to Mrs. Winkley, 1694.]
June the 12- 1694.
Mrs Winkly you are Requiered In their Majts names To Lodg William Powel and Jacob Smith and Johnathan norriss
Given under my hand Nath fryer presedent
June the 12th 1694
Mrs Winckleys accoumpt of Lodging and dressing diett ffor William Powell: Jacob Smith: and Jonathan Noris when they wrought at their majests Foarte
To Dressing 3 mens Diett 9 days at 6d + d £o. 7. 0 To 9 nights Lodgeing at 6ª # night . O. 1 .7. 6
To 4 meales Diett for 3 men at 4d & meale 0. 4. 0 Allowed in Councile to Sarah Winkley for Lodging & Dieting of the wthin men Jan : 10, 1694-5 £0. 10. 0
640
MISCELLANEOUS PROVINCIAL PAPERS.
[1-87]
[Endorsed] Exeter Claims presented by Capt Coffin 9br 9 : 94 - allowed in Councill gbr 30 : 1694 £6. 6. 0
22 June 94 the persons from Exeter heareunder named wruft [wrought] at ther majstes fort In Newcastl nine days Ech of them - By name - John Gording John Rensin [?] Frances Stell James Renlet John morisen Will powell Ebenezer foulsom [each] £o. 18. 0 Roben young Rennaway
As Atest Nath fryer presedent
- [1-88] [ Thomas Edgerly's Petition, 1694.]
To the Honor Governo' and Councill now assembled at New Castle The humble address and petition of Thomas Edgerly of Oister River --
Whereas it hath pleased God to Cast affliction upon him and his Neighbours by the sudden incursion of the Indian enemyes, having his Son wounded, now remaining at Straybery Bank under Capt Packers hand and his dwelling house burned, and his goods De- stroyed.
Humbly Desires your Consideration of his Low Condition and that you would Graunt him and his Neigh's Liberty to make the house of John Rand Deceased A Garrison ffor the Security and de- fence of some of the Remaining ffamilies adjacent, and to Graunt us supply of six men and wee shall allways pray ffor your happiness and Prosperity -
[The massacre at Oyster River, now Durham, occurred July 17, 1694. See Vol. II. p. 125. - ED. ]
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