USA > New Hampshire > Rolls of the Soldiers in the Revolutionary war, 1629 to 1725 > Part 56
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And yor Petition" shall pray &c - Nath : Pitman in behalfe of his wife Deliverance
[In Council "January 17th 1698-9" it was " Resolved, that he must have his remedy and redress by law." - ED.]
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MISCELLANEOUS PROVINCIAL PAPERS.
[1-215]
[Several Men Commissioned, August 16, 1699, with Full Instruc- tions as to their Duties.]
Wm : the third by the Grace of God of England Scottland, ffrance. & Ireland King defender of the faith &c: To our Trusty and well beloved Wm Partridge, John Hinckes, Nath11: ffryer, Robert Elliott, Richd Waldron, John Gerrish, Peter Coffin, Wm Vaughan, Henry Green, Nathaniel Ware, Henry Dow, Jonathan Woodman, Samuell. Penhallow, John Plaisted, Moses Levitt, and Theodore Attkinson Esqrs Greeting. Know yee that wee Assign you and every of you. Joyntly and Severally our Justices to keep our peace in our province of New Hampshire in America, And to keep and cause to be kept. all ordinances and statutes made for the good of the peace and for Conservacon of the same ; and for the quiett rule and Governmt of our people in all and every the Articles thereof. in our said province according to the force, forme and effect of the same, and to Chastise: and punish all persons offending agt the forme of those ordinances or statutes ; or any of them in the province aforesaid as according to the forme of these ordinances and statutes shall be fitt to be done And to cause to come before you or any of you all those persons who shall threaten any of the people in their person ; or in Burneing their Houses to finde sufficient security for the peace or for the Good. behavour towards us and the people. And if they shall refuse to finde such security then to cause them to be kept in prison untill. they finde such security. Wee have alsoe Assigned you and every three or more of you, whereof any of you the said Wm Partridge,. John Hinckes, Nath11 ffryer, Rob Elliott, Richard Waldron, John Gerrish, Peter Coffin, Wm Vaughan, Henry Green, Nath" Ware & Sam11 Penhallow shall be one, our Justices to Enquire by the oath of good and Lawfull men of ye province aforesaid ; by whome the truth may be better known of all and all manner of ffellonyes witchcrafts Inchantmts Sorceries Magick And Trespasses, fforestallings, Regrate- ings ' Ingrossings & Extortions whatsoever ; and of all and singular other Misdeeds and offences, of which Justices of the peace ; may or ought Lawfully to inquire by whomsoever or howsoever done or per- petrated ; which hereafter shall happen howsoever to be done or attempted in the province aforesaid ; and of all those who in the province aforesaid have either gone or ridden or hereafter shall pre- sume to goe or ride in companies with Armed fforce agt the peace to the disturbance of the people. And alsoe all those who in like:
1 [Buying provisions for speculative purposes. ]
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MISCELLANEOUS PROVINCIAL PAPERS.
manner have laid in wait, or hereafter shall presume to lie in wait to maim or kill our people ; And alsoe of Inholders, and all and singular other persons who have offended or Attempted, or hereafter shall presume to offend or attempt in the abuse of weights or measures, or in the sale of victuals ; agt the forme of the ordinances or statutes or any of them in that behalfe made for the Common good of the people in the province aforesaid :
And alsoe of all Sheriffes, Baliffes Stewards, Constables, Goalers & other officers whatsoever, who in the Execucon of their offices about the p'misses or any of them ; have unlawfully demeaned themselves; or hereafter shall presume unlawfully to demeane themselves ; or have been or hereafter shall be careless remiss or negligent in the province aforesd. And of all and singular Articles and Circumstances and all other things whatsoever, by whomsoever and howsoever, done or perpetrated in the province aforesaid; or which hereafter shall happen howsoever to be done or Attempted in any wise more fully concerning the truth of the premises or any of them ; And to Inspect all Indictmts whatsoever soe before you or any of you taken, or to be taken ; or made or taken before others late Justices of the peace in the province aforesaid ; and not as yet deter- mined; and to make and continue the processes thereupon agt all and singular persons soe indicted, or which hereafter shall happen to be indicted before you ; untill they are Apprehended render them- selves or be outlawed And to hear and determine all and singular the ffelonies, witchcraft, Inchantments, Sorceries, Magick, Arts, Tres- passes, fforestallings, Regrateings, Ingrossings, Extortion, Unlawfull Assemblies, Indictmts aforesaid, and all and singular other the p'misses, according to the laws and statutes of our said province as in like Case hath been used or ought to be done And to Chastise and punish the said persons offending and every of them ffor their offences by ffines, Ransoms, Amerciamts forfeitures or otherwise, as ought and hath been used to be done according to ye Laws and Customes of our said province, or the forme of the ordinances and statutes aforesaid ; And therefor wee Command you and every of you ; that you diligently intend the keeping of the peace, ordinances, statutes And all and sin- gular other the p'misses, and at certaine days and places ; which you or any such two, or more of you as is aforesaid, shall in that behalfe appoint yee make inquiries upon the p'misses and heare and determine all and singular the p'misses, and performe and fulfill the same in forme aforesaid doeing therein that which to Justice appertaineth, according to the Law & Custome of our said province ; sending to us the Amerciamts and other things to us thereof belonging. And wee Command by virtue of these presents ; the Sheriffe of our said prov-
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MISCELLANEOUS PROVINCIAL PAPERS.
ince of New Hampshire that at returne days and places, which you or any such two of you or more of you as afore said shall make known to him as aforesaid he cause to come before you or such two or more of you ; such & soe many good and lawfull men of his Balywick by whome the truth of the p'misses may be the better known, and Inquired of -
In Witnesse whereof wee have caused the Seale of our said province to be hereunto affixed. Witnesse, Richard Earle of Bellomont Capt Gen1 and Govern' in Cheife of our said Province at Portsm° the 16th day of Augt in the IIth year of our Reigne 1699 -
[Endorsed] Coppy of the Comission of the peace for Province of New Hampshire by his Excellency Richd Earle of Bellomont - 1699.
[The men mentioned in the foregoing were sworn in Council August 25, 1699, except Elliott, Atkinson, Partridge, and Waldron. - ED.]
[1-218] [Act for Raising Money to Pay the Public Debts, 1699.]
Province of An Act for Raiseing of ffour hundred and Sixty New Hampshire pounds for defrayeing the Publick Charge of this Province/
Wee his Majties Most Loyall and dutifull Subjects ; the L' Govern" Concill and Representatives Convend in General Assembly ; for this his Majties : Province Considering how much the province is already in Debt ; and other charges daily ariseing ; have Chearfully and unani- mously Given and Granted, and doe by these Prosents Give and Grant unto his most Excellent Majtie : his Heires and Successors, the Sume of ffour hundred and Sixty pounds to be Applyed to the payment of the province Debts ; as are already Due ; and for the Building of a prison ; and nextly for payment of other Charges Daily Arising./
Bee it therefor Enacted and ordained by the Lt Govern' and Coun- cill and Representatives Convend in Gener11 Assembly, And it is hereby Enacted and ordained by the Authority of the Same; that a Rate be made on all persons & Estates both Real and personall througout this Province, in proportion to the Sever": Townes as foll (to witt) the Towne of Portsmº to pay the Sume of one hundred three pds Seaventeen shill the Towne of Hampton on hundred and thirty Seaven pounds ffive shillings - The Towne of Dover Ninety two pounds twelve shillings - the Towne of Exeter Eighty three pounds
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MISCELLANEOUS PROVINCIAL PAPERS.
ffourteen shillings the Towne of Newcastle fforty two pounds twelve shillings - And that the Treasurer send out his warrants to the Con- stables of the respective Townes requireing them to Assemble the Inhabitants, to make Choice of two Assessors (where they are not already Chosen) for the yeare to Joyne with the Select men in make- ing the Rate & Assessmts according to this Act to whome the Treas- urer shall alsoe give warrants pursueant hereto; And the Rates and Assessmts soe made to be Comitted to ye Constables of the respective Townes ; by the first day of Aprill next ensueing with warrants from a Justice of peace ; and the Select men & Assessors to Collect the same ; and pay it in to the Treasurer for the time being by the Last of June then next following : In mony
2Ist : Novbr: 1699 : This bill hath been three times read ; passed the Councill ; and sent Downe to the House of Representa- tives for yr Concurrence
Cha : Story Secretary
Three Times Read and Pased by The Assembly
Theodore Attkinson
[2-3]
[Petition of Abraham Clement, of Hampton, for a rehearing in a case wherein he was defendant, and Nathaniel Ayers, of Portsmouth, was plaintiff. Dated June 12, 1700. The petition was granted. - ED.]
[2-4] [Assembly Vote relative to Men for New York, 1701.]
May it pleas your Honours -
Wheras a certaine number of men was appointed by his Majestie to be drawne out of this Province upon any emergencie ffor the Assist- ing of New York
It is Humbly offered unto your Honours that His Majestie by ffirst opertunitie May throughly be acquainted of our Readines in all Respects Most Readily to observe his Majts Comands But Consider- ing the late Warr the small number of our inhabitants and of being a ffronteer unto the ffrench and Indians by which we have bin Much thined of late years And no ways Capable of giveing any Assistance what so ever But rather pray that Considering our own insufficiency of our Selves to Withstand the Incurtions of a publick Enemy And
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MISCELLANEOUS PROVINCIAL PAPERS.
that had it not bin for the assistance of our neighbours the Masichu- sits we should of nescesitie have quitted our Stations the last Warr together Considering that as his Majesties Navy is Hence Principally supplied With masts yards &c which is considerable benifit to ye na- tion Therfore pray that if ever a Warr should breake out anew (which God fforbid) that A Certaine number may be ordred our assistance upon all occations as his Majestie in his great Wisdome may see meet Therefore pray that it may be accordingly Represented unto his Majestie by the first ship that goe ffrom Hence.
By order of the Assembly
Henry Dow Clerk pro tempore.
[Endorsed] A vote about the Quota of men to be sent to New York. circa 1701.
[2-5] [Order of Council relative to Roger Shaw, 1701.]
Province of Whereas Compl' hath been made unto the Lt New Hampshirevr and Councill by Benja : Shaw, of Hampton that his Sonn Roger Shaw Served as a workman at his Majties ffort at New- castle in the year One Thousand seaven hundred and Ninety Seaven for Some time and found himselfe Dyett and was never paid for the Same Upon Examinaton of the Matter it is found that the mony due for Such his Service remaines in the Constables Hands at Hampton whose Names are Benjamin ffyfeild and Thomas Roby being Constables at the time above menconed.
Pursueant therefor to an Order of Councill of the 16th July 1701 : You are hereby forthwith Commanded to Summons the Said Benja : ffyfeild and Thomas Roby to appeare before the L' Gov' and Councill to Morrow at four of the Clock in the afternoon And bring with them their Accts how and to whome they paid the publick Mony which they had warrts to Collect according to Act of Assembly ; in Order to adjusting Accts with the Treasur" for the Same. And hereof they are not to faile as they will Answer the Contrary at y' }ill ; and make returne of ys Summons to the Councill Board to Morrow at 4 of ye Clock in ye afternoon Dated at portsm° at the Councill Cham- ber the 16th July 1701
Order of L' Govr and Councill
Cha : Story Secretary
To The prsent Constable or Constables of Hampton or each or any . of them
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MISCELLANEOUS PROVINCIAL PAPERS.
Thoms Roby & benjamen fifeld was sumons Acording to the ordr of this sumons by mee Ephm maston Constable of hampton
July the 17: 1701
[Endorsed] 16th July 1701 - Summons for Benja ffifeild and Thoms Roby to appeare before the L' Govr & Councill &c.
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[2-6] [Anticipated Trouble at Hampton, 1701.]
Gent" Ephraim Marstin The Constable of Hampton has given us to- understand yt #suanc to a Warrtt from ye Treasurer he call'd ye Inhab- itts together to make choice of Assessrs as ye Law Directs but some ill affected # sons have given interuption thereto upon pretence that by my Lds Death ye power of Sundry officers is Supposd to Cease. Now to Obviate any misundr Standings on that Actt these are to let you know that by my Lds Comission (wch has been Sufficiently Published) incase of his Death or absence the Govern' continues in the hand of ye L' Govr & incase of his death Or Absence in ye hands of ye Coun- cill untill his Majties Pleasure be further known soe yt all officers & Offices continue in statu quo untill alter'd by ye prst Authority or ye. prst power be Superseded by a New Comission from his Majtie
you are therefore hereby ordred forthwth to proceed in ye makeing ye Rate &c. as ye Law Directs & if any #son gives any Interuption thereto to give notice thereof to ye Gov & Councill that ye son offending may be treated according to his Demerit dated at ye Coun- cill Chamber at Portsm° the 7th of Aprill 1701
[Endorsed] Copy of a Letter sent to the Justices of the peace & select men of Hampton the 7th of Aprill 1701 : relating to some dis- turbance likely to Arise yr by reason of the death of the Earle of Bellomont
order of Councill Eodem die - -
[2-7]
[Relative to an Indian Claim, 1701.]
August 29 : 1701
May It please your Honours I Have bin desired by three of Kings- towne men to inform your Honours that some Endiens Have bin with them to demand of them mony ffor the lands thay aufure'd them that they would aply themselvs to the authrorytie and then give them.
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MISCELLANEOUS PROVINCIAL PAPERS.
an answer Wherupon the Endiens sayd they would come a gaine a month after the month being nere out Thay Humbly pray your Honours advise What answer to give them : which thay Expect I Will bring Home With me Who is your Honours Most Humble Servant Henry Dow -
[2-9] [Queen Anne's Instructions to Governor Dudley, 1702.]
Instructions for our Trusty and Well beloved Joseph Dudley, Esq' our Govern' : and Commander in Cheife in Anne R. and over our Province of New Hampshire in New Eng- land in America Given at our Court at Saint James the 6th day of Aprill 1702 in the first yeare of our Reigne. Our will and pleasure is that you permitt the members of our Said Councill to have and enjoy freedome of Debate and Vote in all affaires of Publick concerne that may be debated in Councill.
And altho by our Commission aforesaid wee have thought fitt to direct that any three of our Councill make a Quorum It is neverthe- less our will and pleasure that you doe not act with a Quorum of lesse then five Members Except upon Extraordinary Emergencies.
And in the Choice and nomination of the members of our said Councill as also of the principal Officers, Judges, Assistants, Justices, and Sheriffe you are always to take care that they be men of good life, and well affected to our Government & of good Estates and Abilities and not necessitious people or much in Debt.
·
Our will and pleasure is that you neither Augment nor diminish the number of our said Councill as it is hereby Established nor sus- pend any of the present Members thereof without good and sufficient Cause and in case of Suspension of any of them you are to cause your reasons for soe doing together with the Charges and proofs against the said persons and their Answers thereunto unless you have some Extraordinary reasons to the contrary be duly entred upon the Councill Books and you are forthwith to transmit the same together with your Reasons for not entering them upon the Councill Books. (in case you doe not enter them) unto us and to our Commission's for trade and Plantations as aforesaid.
You are also as much as Possible to observe in the Passing of all Laws, that whatever may be Requisite upon each diferent matter be accordingly Provided for by a different Law, without intermixing in: one and the same Act such things as have noe proper Relation to each other. And you are more Especially to take care, that noe Clause
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MISCELLANEOUS PROVINCIAL PAPERS.
or Clauses be inserted in or Annexed to any Act, which shall be ffor- reigne to what the Title of such respective act Importes.
You are to transmitt Authentick Copyes of all Laws Statutes and Ordinances now in fforce, or which at any time shall be made and En- acted, within our said Province, each of them separately under the Pub- lick Seale unto us and to our said Commissioners for Trade and Planta- tions within three months or sooner, after their being Enacted together with Duplicates thereof by the next Conveyance upon the paine of our Highest Displeasure. And the fforfeiture of that years Salary wherein you shall at any time, or upon any pretence whatsoever omitt to send over the said Laws and Ordinances aforesaid within the time above limitted, as alsoe of such other penalty as wee shall please to Inflict, but if it shall happen that during time of War noe shipping shall come from our said Province, within three months after the making such Laws Statutes, and Ordinances, whereby the same may be transmitted as aforesaid, then the said Laws Statutes and Ordi- nances are to be transmitted as aforesaid by the next Conveyance after the making thereof when ever it may happen for our approbation or disallowance of the same. /
. [Endorsed] A copy of instructions to Govr Dudley Apr1 8, 1702.
[2-1]] [Samuel Penhallow to Governor Dudley, 1703.]
Portsmouth Octbr 28th 1703 -
May itt please yor Excellency - Yors of the 18th Instant I received butt yesterday and according to yo' Excellencys Commands I finisht two coppys of my acctts, and sent them to M' Adinton [Addington, secretary of Massachusetts] to have them signed, by the imediate post that went hence after yor Excellencys return which I hope long ere now Come to hand : att ye same time I write unto yor Excellency humbly Craveing yor favour of signing the severall orders that were granted in Councill ; the particulars of which I also sent M' Adding- ton from Mr Secretary Storry ; which I humbly conceive is all that is att present needfull from me therin I also take notice of yor Excel- lencys kindness about the payment of my disburstments att the next assembly which I humbly thank you for
The first payment of the Excise Commenced in Sept" since which I have ordered Capt Smiths mony to be paid him, the second payment will be in Desembr & then I shall take effectual care to remitt itt yor Excellency, and so proceed untill the 200lbs be Compleated with what arises from the Importation &c
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MISCELLANEOUS PROVINCIAL PAPERS.
As to the two orders which yor Excellency was pleased to draw upon me for supplying the fortt & M' Sheafe with colours I would crave yor Excellencys favour therein, of being excused for the pres- ent : haveing noe mony of the Province in my hand butt greatly in advance, besides the winter drawing near, the occasion will not be much, and as to the cost itt will not be less than 181b however iff itt had been a matter to have served yor Excellencys imediate intrest I should have readily complyed with itt
By the first sloop thatt goes hence I purpose of presenting yor Excellency with a small cask or two of our Piscataqua Pease. If in any thing I can bee servicable unto yor Excellency in these parts, please att all times to comand
S' Yor Excellencys most humble & Obt Servt.
Copy
[Endorsed] A copy of my Lett sent his Excellency Octobr 28, 1703
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[2-14] [Colonel Romer's Account for Expenditures on the Fort.]
Anno 1703
The Province of New Hampshire to ye Building of Her Majties Fort Willm & Mary on Piscataqua River.
£
S
D
To: the Conclusion of ye Yare 1703, there was Expendª to sd Fort as per Account Ordered by a Warrant to Thomas West- brouck in part payment for Timbr
. 41
00
08 .
Anº 1704 June ye 8
40
00
July
6
Delivered to her Majts Fort Wm & Mary To Thomas Westbrouck for Kask more in part payment by Warrts
30
00
Aug* 25
To Theodore Atkinson Esqr in part pay- ment for Victulling ye Laborrs
100
00 09
7b
7
41
15
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18
To M' Richª Buckly Marchant
I
IO
-
To M' Edwd Togood for Bricks and Lyme
5
04
-
19
To Peter Coffin Esqr in part payment for Timber Delivd
20
-
To John Johnson for Mason Work
4
05
-
26 Do.
To M' George Jeffrey Esq™
3
18
-
NTo Mr William Patridge
I
IO
-
Octr 5
13 To M' Edwd Ayrs ye Smith
2
07
-
O O O 18 888
26
To Wm Brackwell, a Mason as pr Ac'ount To Mr Jnº Gorge Mart in Boston as pr Ac'ount
2
03
25
Sam" Penhallow
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MISCELLANEOUS PROVINCIAL PAPERS.
28 Do. 30 4 Do.
To John Johnson To William Chyles [Childs]
2
06 15
06 09
To Capt Ichabod Plaisted
9
-
-
To M' James Johnson a Carpenter
I
IO
-
-
Do. 6 I3 14
To Madm Packer for Gondolo hire To George Jeffrey Esq'
3
06 14 OI
08
16
To M' Edwd Togood
2
-
2I
To Nath1 Stevens for 3 m of Deal Boards
2
14
24
To Mr Daniel Tilton for 3 m of Deal Boards
2
14
-
Do. To M' Wm Watters as pr Account
12
-
Xber
To Capt Fryer for the Hire of his Negro To Nath1 White
7
-
07 16
04
To M' Timothy Davis
6
-
-
20
To Richd Jose Esq'
I
-
Jan.
6 Do.
To Jonathan Whidden as pr Account
II
I2
05
1
-
I
07
08
Febry 16
To M' Theoder Atkinson for Fyne Iron & Nails & as pr accot
9
03
IO
May
8
To Mr Jnº Hurst ye Smith as praccts I ordd him by Divers Warrants to ye Treasurer the Sum of
20
04
Anno 1703
Per Contra Credit
4II
07
05
The Province of New Hampshire Given Credit Towards Building her Majties Fort Wm & Mary on Piscataqua River ye Sum of
450
00
00
Thomas Westbrouck his acct remains as pr Cash Due to ye Province
3
03
07
Recd of Collo Romer
03
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4848 €
453
06
07
Paid by myn Warrants
4II
07
05
Remains in Cash
41
19
1 02
Errors Excepted
Wolfgang Willm Romer
1
-
-
To M' Sam1 Hill for Gondolo hire
4
15 12
-
To Robt Garland for Cutting of Sodds
2
To M' Timothy Davis as per Account
27
To Mr Wm Barckwell
IO
06 -
29 5 7 14 19
To the Debety Sheriff Jnº Walker
18 13
I5
8
To Jonathan Moolton for 10 days Worke To John Russell ye Turner for Tampeons & Sundry things
I
gbr
693
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MISCELLANEOUS PROVINCIAL PAPERS.
1
[2-18] [John Partridge's Account for Ferriage, 1704.]
Augst : 30th : 1704
Province newhamshere in newengland
An account of ferige to newcasell of worke men to the fort by verto of a warant from the sheriffe to me John Partridge
Solaman Cotton
Richard morgen Rowland green
Sam1 wheden
John folsom
John Loirde
John Cutt twice
Nath folsom
nehe : Levett
mathias Haines
Smith
Robort brian
John Brian 4 men by order of Justs Phips
John waker 4 times Elisha Bryer 8 times forth and back all feryed me on the public score John Partridge
Augst 29th 1704 Wee the committee being appointed to auditt the within acctt doe find due to Jnº Partridge £o : 10 : 6:
Sam1 Penhallow John Plaisted
[2-19] [Meeting of Committee on Allen's Claim.]
Portsmº June 4th 1704
At a meting of ye Committee for managing ye Affairs of ye Prov- ince against ye Claime of Sam" Allin Esqr- It is Agreed that ye Committee in ye severall townes use there utmoste Endeavors to Get in what remaining yet due of ye Subscribers : for ye first and second payments and what else they can procure from other well disposed Persons and that some Gentellmen in each towne shall Joyne wth and assist those who were formerly nominated and Impowered vidz
In ye towne of Portsmº Mr Tho Phipps Mr Wm Cotton Mr Go. Walker Mr Jnº Cate -
In ye towne of Exeter
M' Jonathan Thing Mr Byly Dudley Mr Bradstreet Wiggin Left. Jnº Gillman Mr Richd Hilton Mr Theop : Smith -
In ye towne of Dover
Left Othº : Tippits [Tibbitts ?] M' Ezekl : Wintworth Mr Trustrum Herd Capt Nath1 Hill Capt James Davis Left Wm ffurber Mr Joseph Smith Mr Jer : Burnam -
In ye towne of Hampton M' Epharim Maston Mr Jnº Gove, Mr Jnº Tuck Mr Jonathan Philbreck - In ye towne of NewCastle Mr Wm Wallis M' Wm Seavey -and that those Gentlemen have
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MISCELLANEOUS PROVINCIAL PAPERS.
notice to macke returne att ye next meting of ye Committee to be holden in Portsmº: ye first Wednesday in August next att two of ye Clock in ye after noon Mr Jnº Redman to be added for Hampton Copie
[2-19] [Roll of Men at the Fort, 1704.] -
Prov. New Hampshire
Dr
1704 To the Capt from 17th May to 17th Novem' 1704, To the Guner
IO. -. -
3. 15. -
To John Cross att 40$ # month
13. -. -
To James Phillips do To Wm Thomas do
13 -. -
To Francis Shalote do
13. -
-
65. 15.
0
Fort Wm & Mary's accots
John Usher
4th Decr : 1704. Allowed by the Councill
Cha : Story Secretary
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