Rolls of the Soldiers in the Revolutionary war, 1629 to 1725, Part 60

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23ª Augt 1716 Joseph Davis


[See Vol. III. p. 652.]


[2-85]


[Petition of Timothy Davis, Jr., concerning bankruptcy laws. Dated September 12, 1716. - ED.]


[2-86] [ Walter Hull for Release from a Debtor's Prison, 1716.]


To the Honeble ye Lieut Gouvernour Councill and Representatives Con- vened In. Generall Assembly -


The Petition of Walter Hull of Portsmº Most Humbly Sheweth - That your Petitioner being now in the Province Goal on this acctt of Dept, and not haveing one farthing In this world wherewith to pay itt, nor wherewithall to Subsist my Self, my wife, and three young Children who Cry for Bread - Most Humbly prays, that your Hon- ours would please to Direct unto some present means for ye Subsist- ance of your petitioner and famely, Least we perish for want, further and please your Honrs your petitioner Hath Been taken and Cast away four years goeing which Is the Cause of my poverty, and If possible that I may have Benefit of the Statute of Banckrupt, or that I be Released In Such maner as your Honrs In Wisdom Shall See meet and your petitioner Shall Ever pray for your Hon's Great and Good Conduct Health and Prosperety.


Portsmº zbr ye 12th 1716


Walter Hull


[See Vol. III. p. 653-54.]


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MISCELLANEOUS PROVINCIAL PAPERS.


[2-87]


[Petition from Samuel Swan, of Portsmouth, asking permission to take the benefit of the bankrupt act. Dated September 13, 1716. - ED.]


[2-88]


[Petition from George Jaffrey, Richard Wibird, William Parker, and Clement Hughes, creditors of said Swan, requesting that his peti- tion be granted. - ED.]


[2-89]


[Petition from Francis Wainwright, of Boston, and " Information against Thomas Phipps Esq. High Sheriff Jan : 11th 1716-7," rela- tive to attaching property of Timothy Davis, Jr. - ED.]


[2-90] [Michael Thomas concerning a Piracy, 1717.]


The Information of michaell Thomas of Boston fisherman Belong- ing to the good sloop caled the prudent Sarah whereof Capt Richard Carr of Salisbury was commander being taken by A pirot the sixth day of May current about one of the clock in the afternoon at pemma- quid one caled Matthew Robinson A Deserter from Anapolis Royall : now belonging to winter harbour was pilate to the pirot that took said Capt Carr. - after said Carr was taken hee offered and contrived A plot with me the said michael Thomas as wee were washing of our hands together in one bucket of water before the mast In saying that we must contrive to make away with them and then wee should make our selvs there being five of the pirots on board of us said Robinson and foure of us captives and hee first said that they had drank hard and In some short time they would be Asleep : (or words to that pur- pose) with and upon said Robinsons contrivance I this Deponant tooke and privately secured my splitting Knife that I might have it upon Expedition suddenly and Joseph Fellows Belongin to Salisbury being then at Helm on board of said capt carrs sloope and sometime after- wards said Joseph fellows being Relived or Released from the Helm I the Deponent went into the forecastle and finding said Fellows There I said unto him now is our time to help our selvs and his


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MISCELLANEOUS PROVINCIAL PAPERS.


Answer was it is now to late for said Robinson have discovered to the pirots the whole plot or contrivance


Essex ss. sworn may 15th 1717


micall thomas


coram Joseph woodbridge Justice of the peace


Joseph Fellows being taken with the above named Capt Carr by the pirots the same night as he was at Helm being two of the pirotts and Matthew Robinson upon Deck went before the mast and speak- ing softly together hee the said Robinson then Declared to them that the french men had contrived to make away with them where upon one of the pirots said throw him overboard - and the other of said pirots said no wee have not shed Blood yet wee will not begin now but wee will Keep a strick guard on Deck whereupon he fetched up his Armes and walked the Deck Joseph Fellows


Essex ss. sworn may 15th 1717


coram Jo : woodbridge Justice of the peace


Samuel Eastman being taken In said Capt Carrs sloop by the pirots and being on board the pirots sloop the pirots said that they would not doe as Robinson did to take his Brother and said pirots did pro- phanely curse and sweare and Samuell Carr testifyes to what Samuell / Eastman hath Declared and further Addeth that he heard some of the pirots say Throw the french man over board and wee the Above named three Deponants doe Further Testify and say that they took the master of said Carrs sloop out of said Carrs sloop and carryed him on board of themselves (viz) the pirots sloop and left said Carrs sloop with order to follow them the said pirots Samuell Carr Samuel Eastman



Sworne by Samuell Carr and Samuell Eastman and the Latter clause of this Evidence By the whole may 15th 1717 coram Joseph woodbridg Justice of the peace


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[Endorsed] Depositions of men on board the Prudent Sarah which was taken by pirates May 6, 1717.


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MISCELLANEOUS PROVINCIAL PAPERS.


[2-91]


[David Chapin's Testimony.]


Mr Dannil Collings Soninlaw to Mr fran, norrod of Cape anne mas- ter of ye Sloop - Seeflower bound out upon ye fishing account Sailed may ye 9 1717 : haveing Saild about forty Leage to ye eastward ye next morning Spying A Sloop to winward : we thaught them to bee A fisherman but it proveed otherwise for being A pyeret they Bore down upon us and we Sufared them to Come abord us who then Aperd what they war and emedently Commanded us to lower our Sails & open our hachis which we dare not refews & they then Seing our Sloop to be more Suteable then theirs thy Cleard our fishroom & fecht aboard us thar goods and then put three of us aboard their Sloop and So we parted & got Safe ye next day into Capean they delivering ye Sloop to us John pere David Chapin &c


Essex ss. Mr David Chapin personally appeared before me the sub- scriber and made oath to his Evidence or Declaration above written this fiveteenth day of 1717 Joseph woodbridge


Justice of the peace


May it pleas Your Excellency Altho : the same day Here is Enclosed A later evidence written with Gentlemans one hand &c Your Excellency most dutifull


Svt Jo : Woodbridge


[2-92] [Richard Dolloff concerning his Children who were Captured by the . Indians.]


To his excellency Sam11 Shoutt Esq' Governo in cheife in and over his Majestys province of New hampr &c And The honerable councile and Repsensentives now convened in generall assembly


Pro : N. H. Portsmº May itt please your excellency that wheras your humble pettioner had three children taken away by the cruelty of the Indians aboutt Six years Last past in July and carried to Mor- ryall in Canady Wheras your humble pettionor pettioned to the hon- erable Governo and Councill in Apr1 1715 begging some supply in order to bee A help to defray his charge for the redemption of his three Children wich the honerable Goverm" gave mee twenty pound wych I give god thanks and ther honours wich money I gave unto Major Skiller as appeareth by his Bond dated the 11th 7ber 1714 wich I could butt recover one of my childreen Humbly beggeth your excelencye and the honerble Councille and representives that I might have some


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733


MISCELLANEOUS PROVINCIAL PAPERS.


1


money to relieve me in my great necessity or I must Lett my poor childreen perish in ther wicked hands wich hope god will putt itt into your hearts to consider the poor Captivated childreen/ Which is the humble prayer of your humble petioner that god would bless your excellency The honerble Councille and Representives with long life and prosperity and other graces and endowmtis


Sirs Your humble pettioner


Richard dollof


Voted That Rich : Dollofe ye petetioner abovesd be allowed ten pounds out of ye Treasury, towards yº Redemption of his children now in Captivity Josh Peirce Clark p Tempr


In Councill


Voted a Concurrence wth ye above vote May 17 1717


R Waldron Cler : Con


[2-94] [Oyster River Parish Petition, 1717.]


Pro : N Hamp" } To His Excellency Sam1 Shute Esqr Capt Gen1 and Govr in cheif in and over His Majties Pro : aforesd & Vice-admirall of ye Same and to the Honble ye Councill, & house of representatives convened in Gen1 Assembly.


The Parish of oyster river their answer, to a Petition #fferred to the Gen1 Assembly the 14th May 1717, agst Sd Parish by some disaf- fected # sons.


May it Please yor Excellency and your Honours


We the Subscribers hereof, being chosen by ye parish #ferred to represent them and appear in their behalf, before this Honble assem- bly, to make answer to ye Petition above mentioned, ferred agst them, humbly take leave to Say as follows.


In Sd Petition we observe three things Petitioned, and ye reasons urged for haveing them granted, Ist tis requested that ye vote of Gen- eral assembly wch confirm'd oyster river a Parish, may be repealed, or as they Express it reversed ; for three reasons, Ist that the vote was passed, upon a wrong representation of the matter, to which we an- swer, that the matter lay before the Gen1 Assembly, undr considera- tion 12 months, before the result, dureing wch time, there was three or four Sessions, so that there was all ye time and opportunity that could be wished, to make aright representation thereof, Petitions were # ferred on either side, and answers thereto, all matters fairly debated


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MISCELLANEOUS PROVINCIAL PAPERS.


in both houses, & ye votes passed thereupon most reasonable & just. - the second reason they give for haveing ye vote repeald is, because tis judicial to the whole, to wch we answer, that by the whole, we understand ye whole parish, & that, tis not prejudicial to the whole parish, appears by our declaration to ye Contrary, for, as we are the rep- resentatives of ye parish in this affair, what we Say in Gen1 Assembly relateing to this matter, the Parish Saith, & we do Say, & hereby declare, that ye vote wch they urge to have repealed, is no way #ju- diciall, to ye interest of ye Parish, but very beneficial thereto ; & again, Is it possible that any man or Community, in yr right minds, should urge to have anything continued upon them, that is #judiciall & hurtfull to their interest, no veryly ; but this Parish prayes yt instead of repealing ye vote ye Same (if so it can be,) may be Strengthened. The third reason they give for haveing ye vote repealed, is because tis a vote, to which we answer, it would been as well for them to have Said, they would have ye parish made no parish, because it was a Par- ish, or that they would have every thing capable of change, changed, because it was as it was.


The 2ª thing requested in Sª Petition, is to have a reasonable pro- portion of land, allotted to the Subscribers of sd Petition, out of the town of Dover, to wch we would breifly answer, that as we are representatives of ye parish aforesd we have no answer to make thereto, as such : yet as Dover men, we would humbly offer, that tis not the Parish of Oyster river yt asks for an Addition, but onely a party of men of sd Parish, disaffected to ye regular proceedings thereof.


the third & last thing they pray for, is that whereas there is two meeting houses in ye Parish, it may be ordered, yt ye Publick worship of God, may be held alternately, on ye Lords days, at those two meet- ing houses, to which we would humbly make the following answer, that by virtue of the vote of ye Gen1 assembly, & ye powers contained therein, we have (being by Sd vote empowered so to do,) chosen, called, and Settled an able and arthodox Minister, to preach at ye new meeting house altogether, so yt if this prayer is granted, the parishes agreemt wth their Minister is null'd, he turned away, & ye parish putt to ye utmost Extremity, to find a Minister to comply, wth so unreason- able an ord' as preaching at two places :


Stephen Jones


Agents for ye parish Joseph Jones


Philip Chesle of oyster river


[Endorsed] Parish of oyster river answer to a petition #ferred agst sd Parish gbr gth 1717.


[See Vol. III. pp. 713, 714. - ED.]


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735


MISCELLANEOUS PROVINCIAL PAPERS.


[2-95]


[Theodore Atkinson's Petition for a License to keep a Public House in New Castle, 1717.]


Pro : N Hampr


To his Excellency Samuel Shute Esq' Capt General and Cheife Govern' &c of his Majestys Province Aforesd to the Honble his Majesty Council and to the House of Representatives In Gen !! Court Assembled


May It Pleas your Excellency &c :


The law of this Province limits the Town of New Castle to Two houses of Entertainmt only, one of Which Is Necessary to be on the Main land A Rhoad lying thro : that part. And Many times Stran- gers have not that Acommodation Which Is Convenient for Want of another Publicque house -and I haveing a house that formerly was a publicque house of Entertainment : by the Desire of some I am fiting It up Which Will Cost me Money and Intend It for that purpose If your Excellency the Honble the Councell and House of Representa- tives Will pleas to permit the same I Shall put a person therein that Shall keep Good order Suitable and Convenient Meat Drink Lodging &c : and pay his Excise &c: According to Law


your Excellencys &c Humble obedient Servt


Theo : Atkinson


In Councill


Voted That the request of Theo : Atkinson Esq" for haveing a pub- lick house &c be granted



Richd Waldron Cler Con 8br rrth 1717


By ye House of Representatives non-concurd


Josh Peirce Clr


- -


[2-96] [Conference with some Indians, 1718.]


A short conference wth ye eastern Indns feb : 14 : 1717-8 -


Several Indns being come to town were sent for to ye Council board they came accordingly


Kehoret Ungonuet Zachard


Penobscott


Pequahoe alias Nat1 Ungebedques Mamused - amescogin


736


MISCELLANEOUS PROVINCIAL PAPERS.


The L' Govr asked y' names they answered as above ye L' Gov" asked whether they were sent # y' Cheif


Ind : ans' yes


L' Gov' Have you any message from yor Cheif to offer this Govermt :


Indn We have nothing say we came being sent for to see wt would be done wth ye Criminal Imprisoned for killing an Indian


L' Gov" Why did you lapse ye time & tarry three or four days after ye appointm' :


Indn bec : we had not made provision for our families neither had we snow shoes & further were #vented one day by the thaw


L' Gov" The Court tarryed four days for yo' Coming & since you did not appear we thought it @ [proper] to adjourn ye Court that you might be #sent at the tryall & ye reason of adjourning the Court for so long a time as to ye 2ª tuesday in May is because then Govr Shute will be in this Province weh is wt we understand you desire


Ind - we are well pleased


L' Govr the Prisoner is in the goal fettered & hand cuffed & there so will remain till tryall & tis hoped before the Court there may be some better evidence against ye # soner by having ye body of ye mur- thered Indn found, or some other


Ind" tis well


[See Vol. II. p. 715.]


[2-98] [Petition from Rev. John Buss, Durham, 1718.]


To his Excellency Sam1 Shute Esq' Govr and Comander In chief In and over his Majesties Province of Newhampshire and the Hon'ble his Majesties Councell and Representatives convened in General assembly


The Petition of John Buss of Oyster River most humbly Sheweth - That your Petitioner who for forty years successively has laboured in the work of the ministry in that place even in the time of the late terrible Indian warr when many a score fell by the sword both upon ye right hand & the left, & severall others forced to flight for want of bread during all which time did watch ward and scout for the more ease and reliefc of ye Inhabitants ; and notwithstanding that, did constantly exercise in the garrison and one other every Lords Day as god did enable him - But being now advanced to Seventy Eight years of age, and incompassed wth a great many infirmaties, and


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737


MISCELLANEOUS PROVINCIAL PAPERS.


unable to perform the usual Exercise of the Ministry ; the People have not only calld another Minister, but stopt their hands from my Subsistence, whereupon he is greatly reduced having neither bread to eat nor Sufficient cloathing to incounter the approaching Winter - Wherefore, your petitioner most humbly supplicates that your Excel- lency, the councill, and Representatives would so compassionate his miserable circumstances, as to order a competent maintenance during life - and your Petitioner shall ever pray. John Buss.


[The foregoing is the petition mentioned in Vol. III. p. 741, as not to be found. In answer to it the General Assembly, October 8, 1718, " Voted, That the Selectmen of Dover be advised to do their duty & take care of sd John Buss, & supply him wth what he is in necessity of, according to ye law of this Province; and that the Selectmen of Dover pay him twenty pounds out of the town stock to be paid quar- terly from year to year." Concurred. - ED.]


[2-99] [Selectmen of Newington relative to Town Bounds.]


To his Excellency Sam" Shute Esqr Governour & Commander In Chief In and over his Majestyes Province of New-hampshire - And to the Honourable his Majestyes Councel at Portsmoth In said Province. -


The Petition of the Selectmen of Newington for and in Behalf of the Said Town most humbly Sheweth


That whereas the Township of Newington being a Small Neck of Land, made out of Dover and Portsmoth have no Directing line yet run between them & the Said Town of Portsmoth by which Means many Inconveniences may attend -


Doe therefore most humbly pray, that your Excellency & Councel would please to Cause a line to be Forthwith run, and that the Boundaryes thereof May be from the South Side of Mr : Thomas Pickerens farm frunting on the Bay down to Joseph Dennets farm, now In the Possession of Henry Bennett and thence Down on a Direct line Unto the Maine River - And your Petitioners Shall Ever pray -


John Fabyan Hatevil Nutter Moses Dam Selectmen


To be humbly offered to his Excellency the Governour & the hon- ourable Councel at Portsmo by Cap" John Downing of sd Town whom


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MISCELLANEOUS PROVINCIAL PAPERS.


we the Selectmen have made Choise of & Impower'd to Act In our behalf.


[See Vol. II. p. 724. - ED. ]


[2-100]


[Petition of Joseph Clifford, of Hampton, dated May 2, 1718, relative to property left by his father, John Clifford, to his brother Jacob. - ED.]


[2-101] [Richard Dolloff concerning his Captive Children.]


To his Excellence Coll1 Shutt Gover' and Commander in Cheiff in and over the Province of the Massachusets bay and New Hampire and to the Honourable Councell & Gentelmen of ye assembly The Petition of Richd Dollof humbly Sheweth -


Whereas your poor Petitioner haveing been at great Cost and Charge in his last Jorney to Canada for the Redemption of his Son : which cost your poor petitioner Sixty three pounds besids what other money he carried with him, which money is still unpaid : and through many other Costes and Disappointments is now togeather with his wife and Children reduced to a low miserable and most deplorable State and Condition Humbly beseeches your Excellency and Hon- ours Charitable assistance once more for his present Support in helping your poor petitioner : att this time for which great Liberality towards him your poor petitioner as in duty bound Shall Ever pray


having been Read in ye house of Representatives & considered Votd yt ten pounds be paid out of ye Publick Treasury of this' Prov- ince to m' Jacob Windal of Boston on ye acctt of ye Petitioner & yt Rectt be taken yr for -


Read in ye house of Representativs & orderd to be sent up for Con- curs - Josh : Peirce CIr Assemly


eodm die In Councill Voted a Concurrence


Richd Waldron Cler Con -


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[2-103] [Deposition of George Vaughan, 1718.]


The deposition of George Vaughan Esq' of full Age Testifyeth and saith That being at the house of Mr Nath1 Shannon in Ports-


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739


MISCELLANEOUS PROVINCIAL PAPERS.


mouth, he the sd Shannon told me he had bought all Capt Glens Log- wood, which he brought home wth him, and same time shewd me the Masters bill of Lading Endorsd by sd Glen to the sd Shannon, and all this before the Ship was unladen and in a few days after she arrivd at Portsm° and before any of it was attachd by the then Sherriff Thos Phipps at the Sute of Mr Sam Wentworth. Febr 12th 1717/8


Sworn in Court - Testr Clement Hughes Cler Vera Copia Attest" Richª Waldron Cler Con


[The foregoing is accompanied by a deposition of Seth Smith, of Boston, concerning the same matter. - ED.]


[2-104]


[Petition of "Jonathan Wadleigh and his wife Anna Wadleigh the Relict Wido & Administratrix of Coll. Winthrop Hilton Dec'd. " They wanted another trial of the suit of Captain John Brown and his wife Mary against them, October, 1718. - ED.]


[2-105] [North Hampton Petition concerning Meeting-House.]


To the Honourable John Wentworth Esqu' - Lieut Governour &c and ye Rest of his Majesties Council Resideing in ye province of Newhampshire - the petition of us ye Subscribers humbly Sheweth.


Whereas your humble petitioners being senceable it is proper to make our adress to your Honours for assistance in our present greiviences viz being so farr distant from ye publick worship of God some three 4 5 miles att Least besides not one half of us can go in could wheather Especially and not any of our Children where upon due Considera- tion of these and many other Dificulties we meet with wee your honour humble petittioners Humbly beseeches your honours advise and assurance in makeing us of ye north hill and ye north plains of Hampten so Called aparrish by our Selves we having mett together severall times in a Unanimous frame of Spirit for ye Rebuilding of a house for ye publick worship of god there but meeting with many aposements from our Neighbors att Towne we thought fitt to ac- quaint your honours of ye matter we are highly Taxed to ye building of ye meeting house at Towne many of us three or four pound aman at ye first payment we ofer them fair we will pay it provided they will pay us so much again to ye building of ours or to ye support of amin-


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740


MISCELLANEOUS PROVINCIAL PAPERS.


ister when Calld among us we have Desired a town meeting of our neighbors for some Compliance in afair way they Refuse it nor will in no wayes Remedy us & dont Consider what a Long way we travell to meeting as it hath been Considered on and spoken of by many yt there is scarce a Towne in Newenglend yt so many people go so farr to meeting Now humbly beseeching your Honours assist- ance in this affair to your humble petittioners as in duty Bound shall forever pray


Under written we ye subscribers oferd our neighbours at Towne before any vote was passed att ye first towne meeting to pay towards ye building of there meeting house provided they would pay us our money again when we built ours & they Refused


Sam" Chapman


Thoms marstón


Joseph Towle


Jon Dearbon


Joseph Dearbon


SamIl Bachelder


Richard Tayler


Ezekiel Knowles David Dow


David wedgwood


John Redman


Henry Dow


Jon wedgwood


Joseph Chapman


Joseph Taylor


Willm Godfrey


Moris hobbes


Sam" Dearben Jur


John Sanborn


Simon Marston


Benja : Thomas


will moulton


Thoms Marston Jun"


Moses Leavitt Isaac Marston


Benja : hobbes


Ebenezar philbrick


Sam11 Dearbon


John Smith


Joshua Brown


Ebeneżar Dearborn


Timothy Dalton


John Garland


John Johnson


Caleb Marston


Daniel Moulton


Job Chapman


Sam11 Marston


John Shaw


Simeon Knowles


Thoms Robie Jun"


John Knowles


John Marsten


Benonie fuller


[See Vol. III. p. 751 .- ED. ]


[2-106] [Proceedings at a Hampton Parish Meeting, 1718.]


Att a Loyall meeting of ye freeholders of ye old parrish on ye north side Taylor River ye 17th of ye 7th m 1718 being warned to consider of ye building a new meeting house : & about hireing a Schoolmaster &c


I Then chosen moderator for Sd meeting Capt Josh Wingett &c : 3 Voted yt a new meeting House be built for Sd parrish & Sd house to be Set on ye meeting house green as near ye present meet- ing house as shall be Judged convenient, and yt Capt Jabez Dow &


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741


MISCELLANEOUS PROVINCIAL PAPERS.


1


Jnº Tuck see out in convenient time what manner of house shall be built & to make report what Information they can gett for ye building sd house The Town meeting to be adjoyrned to ye next lectur day which will be ye 15th of october James ffogg dissents


4 The Town mett according to adjoynment and then voted it a Legall meeting Voted yt ye Sd meeting House be built 60 feet in length and 46 in width & 27 feet in Studd between joynts, and yt a Steeple or Turrett be built to Sd house att one end thereof from ye beam upward of convenient and Suitable bigness & heighth to Sd house and that there shall be but one pewe in Sd meeting house & that for ye ministers family


5 Voted that a committe of 5 men be chosen which are hereby Impowered to Lett out & agree with workmen for ye building & finishing Sd house & for finding all materials for Sd same, upon as Reasonable tearmes as they can. The committe chosen are Capt Jabez Dow Serj : Jnº Sanborn, Sam" Nudd, Hezekiah Jennins, & Jnº Dearbarn coop' they or ye major part of them. The house in ye inside is to be lathed and plaistered from ye under side of ye beames & downwards to ye cells with convenient windows for every part thereof and also 2 teer of gallerries


6 That when ye Committe shall give notice to ye people that belong to sd meeting house they shall assist in ye Raising thereof




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