USA > South Carolina > A sketch of the history of South Carolina to the close of the proprietary government by the revolution of 1719. With an appendix containing many valuable records hitherto unpublished > Part 24
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hereby comitted, & weh. is not contrary to or. Instruccons, and or. fundamentall Constitucons & forme of Govermt. herewth sent under or. hands & seales.
Provided alsoe, yt. ye Executive parte of all ye sª. Powers herein given shall be made & exercised by yo", or. sd. Governor, by & wth. ye advice & consent of ye maior. parte of our Councell. And if it shall happen that or. sd. Governor shall depart or be absent at any time from our Terretory aforesd., unless other provision be by us made, That then it shall & may be lawfull for or. sd. Govern". by ye advice & approbation of ye maior. parte of his Councell, under his hand & seale, to nominate & appoint a Deputy, Giveing & Granting unto ye person soe appointed, as full, large & ample powers as wee, by theise presents unto or. st. Governor have given, any thing in this present Comission in any wise to ye Contrary notw "standing. And if in case or. sd. Governor should happen to dye or departe w thout nominateing any person to be his Deputy, Wee doe then give & Grant unto or. st. Councell full power & authority to appointe some person to be Governor till or. pleasure be further knowne therein, & signifyed to ye contrary. And ye person soe appointed shall have ye same power to all intents & purposes as was by this present Comission granted unto or. Governo' soc dead or departed.
Given under or. hands & ye Great Scale of or. sª. Province, this 26th day of July, 1669.
S. P. O. Nº. CAROLINA, B. T., VOL. 2, p. 40. Coppy of y Deputacon.
July, 1669.
Whereas in ye fundamentall Constitucons & forme of Gover- ment of ye Province of Carolina it is ordained that each Propriet". shall have his Deputy, who shall sett in the Grand Councell & Parliamt., & have severall other powers as in or. s. fundamentall Constitucons & forme of Goverment, & or. Instruccons annexed to or. Comission to o'. Governor, bearing date ye 26th day of July, 1669, is more at large & expresly sett forth. And Whereas there is noe Landgraves nor Cassiqnes in Carolina at present, nor such a member of people as will admitt of or. s". fundamentall Constitu- cons & forme of Govermt., entirely to be putt in practice, yett yt. we may come as nigh ye same as is practicable at present, it is by Comon consent of ye Propriet's. agreed that each Propriet". shall choose a Deputy, who, for the present, shall act wth. or. Governr., as is in that case provided in onr fundamentall Consti- tucons & forme of Goverm., & or. Instruccons annexed to ye Comission of or. Govern'., as aforest. Wherefore ont of ye Confidence that I have of ye wisdome, prudence & discretion of yo".
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EARLY HISTORY OF SOUTH CAROLINA.
I doe hereby constitute & appoint you, ye said My Deputy, wth. power to act as in or. fundamentall Constitucons & forme of Govermt., & ye Instruccons aforesd. is Provided. Wittness my hand & seale this day of July, 1669.
S. P. O. Nº. CAROLINA, B. T., VOL. 2, p. 38. Coppy of Instruccons for M'. Joseph West.
Mr. West, Yo" are wth all possible speed to saile wth ye fleete under yor. comand for Kinsaile, in Ireland, Where you are to endeavor to gett twenty or twenty-five Servis., for our proper account, & as soone as yo" have gotten them on board you are to saile directly to Berbados, & yo" are not to suffer any person whatsoever to putt one Servt. on Board or. Shipps, till or. number be compleated.
You are to take ye best order yo" cann wth. yor. Shipps to avoid loosing one another att Sea & appoint what shall be done by each Vessell in case they loose yor. Company.
If any Passenger that is ye Master of a Family should dye att sea, & leave noe Executor, or should leave ye Shipp, his Servants are to be reserved to ye use of ye Propriet's., it being they that pay theire passage, & by consequence have most right to them ; wych. Serv's. you are to imploy in prepareing loading of timber & other materials for or. Shipps.
When yo" are at Kinsaile yo" are to apply y'selfe to Mr. South- well & Mr. Thomas Gookin for ye procureing of yor. Serts., & also use ye assistance of Capt. O'Soolivan. And haveing staid dayes at Kinsaile, and not haveing compleated yor. number, & findeing noe likelyhood to doe it, though you should stay a day or two longer, yo" are to saile wth ye first opertunity to Berbados.
Yo" are to suffer noe freeman yt hath noe Servts on board to goe out of ye Shipp, unlesse he give very good security for his returne. You are not to suffer any man, whether Seaman or Passenger, to take his Servis. on shoare at Barbados, unless he give bond in double of vallew for their returne on Board againe. Yo" are to give Orders to ye Comanders of our Shipps to obey this rule, who are hereby required to obey the said Orders.
S. P. O. Nº. CAROLINA, B. T., VOL. 2, p. 39.
Coppy of M. West's Comission as Comand. in Cheefe.
27 July, 1669.
George, Duke of Albemarle, Capt". Genn", of all His Maties. Forces, Edward, Earle of Clarendon, William, Earle of Craven,
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John, La. Berkeley, Anthony, La. Ashley, Chancellr. of the Exchequer, Sir Geo. Carteret, Bart., Vice Chamberlaine of his Maties. Household, Sr. Peter Colleton, Bart., & S. William Berkeley, Knt., the true & absolute Los. & Propriet's of Carolina.
To our trusty & welbeloved Joseph West, Greeting-
Wee doc hereby constitute & appoint yo" during or. pleasure, Governor & Comander in Cheife of or. fleet & ye persons em- barqued in it, bound for Carolina, or that shall embarque in our sª. fleet before its arriveall in Barbados ; over weh you are to place Officers, & cause them to be duely exercised in Armes, and to doe all & every other thing or things wch. unto ye Charge of a Comanr. in Cheife belongeth. And Wee by vertue of his Maites. Letters Pattents, bearing date at Westminster, ye 20th of June, in ye 17th yeare of his Raigne, have power to Grant, Comanding all inferior Officers of or. s. fleet & forces yo" to obey as their Comand". in Cheife, according to this, or. Comission, & ye powers thereby given unto yo". And yo", yorselfe, alsoe are to observe & follow such order & directions as from time to time you shall receive from us. And in all things to governe yrselfe as unto ye duty & place of a Govern". & Comandr. in Cheife doth belong, weh place yo" are to execute till another Govern'. for yt. parte of or. Province yt. lyes to ye Southward or Westward of Cape Carterett shall appeare wtt Comission under or. hands & Great Seale of or. Province, to whom you are then to submitt, & this Commission to become voyd to all intents & purposes.
Given under or. hands & ye Great Seale of or. Province this 27th July, 1669.
S. P. O. Nº. CAROLINA, B. T., VOL. 2, p. 34.
Coppy of Instruccons for M'. West about o'. Plantacon.
Mr. West, God sending you safe to Barbados, you are there to furnish yrselfe wth. Cotton seed, Indigo Seed, Ginger Roots ; weh. roots yo" are to carry planted in a tubb of earth, yt. they may not dye before yor. arrivall att Port Royall ; alsoe yo" may in another tubb carry some Canes planted for a tryall-alsoe of ye severall sorts of vines of that Island, & some Ollive setts ; all weh. will be procured you by Mr. Thomas Colleton, if you applye yorselfe to him.
When yo" arrive at Port Royall yo" are in some convenient place on one side of ye Towne, & where it may be least Incon- venient to ye people, to take up as much land for our uses as our proporcon will come to at 150 Acres pr. head of 30 Seryts, & in yor. land lett there be some marsh, and not much, ye rest to be of as many varietys of soyle as may be, amongst weh. be sure there
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EARLY HISTORY OF SOUTH CAROLINA.
be some Sandy land. Our reason for this is that being unac- quainted wth. ye nature of ye soyle, we shall have conveniencey of trying web. sort of soile agrees best wth. ye severall things plantd. in them. On this Land yo" are to cause to be erected convenient houseing for yorselfe & yor. Servants, makeing them warme & tyte, web. is a great meanes of preventing sickness. Theise houses you are soe to place that upon ye devision of or. Land each man may have a share of y". As soone as yor. houses are built, you are to sett yor. people to falling and clearing yor. land to make it fitt to plant against ye Seasons come, not forgetting to putt yo'. Ginger & Canes into ye Ground as soone as yo" arrive, for feare they dye-both of weh. love a rich soyle & light mould, in wch. sort plant them.
Yor. seeds yo" are to keep till March, & y". plant some of ym. in Sandy land, some in light black mould yt lyes high, & some in land that lyes low ; doe ye same againe in Aprill, ye same in May & June, by wch. meanes yo" will come to finde weh. soyle agrees best wth. every specie planted, & what is ye properest time to plant in. Yo" are to doe ye same as to ye soyle wth. yor. vine & Ollive Plants, & this will be done wth. a man. or two; ye rest of yor. people are to be employed about planting Indian Corne, Beanes, Pease, Turnipps, Carretts & Potatoes for Provisions. The proper Season to plant Corne & Beanes & Pease you will be informed by ye Natives ; ye others will thrive at any time, & y". are never to thinke of makeing any Comodity yor. buisiness further than for experience sake, & to have yor. stock of it for planting encrease till you have sufficiently provided for ye belly by planting store of provissions, web. must in all your contrivances be looked upon by yo" as ye foundation of yor. Plantacon.
Iff yo" have time yo" may fence in a small peece of ground for the reception of ye Cattle we shall cause to be brought from . Virginia, and to putt them in all night.
Yo" are allwayes to have one or more to looke after yor Catle, who must bring them home at night, & putt them in yor inclosed Ground, otherwise they will grow wild & be lost.
Yor. Grape vines plant in a Sandy mould, & drye, & as soone as they will afford other Slipps plant them alsoe y'. you may increase yo'. stock of plants.
. As soone as yor. Ginger is ripe yo" are to digg itt, & plant as much ground wth. it as that will fill, that yo" may increase yor. stock The manner any planter of Barbados will shew you. And if you finde that Ginger thrives well, that is to be ye first Comodity you are to fall upon, When you have sufficiently provided for victuall.
Yor. Cotton & Indigo is to be planted where it may be shel- tered from ye North West Winde, for they are both apt to blast.
Iff any of yor. Shipps touch at Bermudas, Order them to bring from thence Ollive Plants & Stones, But noat that sticks cuit &
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planted like Osiers come to perfection, & beare sooner by seaverall yeares then plants from ye Stone.
You are from time to time to give us acco, of yor. proceedings herein, how much land you have fallen, what you have planted, & how every specie thrives, alsoe what Catle yo" have rec1. from Virginia, how many Calves you have every yearc, And what quantity of Hoggs, Sheep, &c., and what you want.
You may take from Barbados halfe a doz. young Sows & a Boare, weh. will be furnished yo" by Mr. Thomas Colleton, iff you shall not have enough left to doe it of ye thirty pounds pd. you to carry to Ireland.
When you come to Port Royall yo" are to take what care yo" cann to helpe yt. of our Shipps that returnes to Barbados to a loading of timber, &c.
You are in all things to consult, advize & communicate with. Mr. John Rivers, Agent for ye Lord Ashley, And web. Mr.
Agent for Sr. Peter Colleton, That they may be able to give a particuler account of all transactions there.
S. P. O. NORTH CAROLINA. B. T., VOL. 2, p. 37. Coppy of Instruccons to M'. John Rivers.
Mr. John Rivers, yo" are to take charge of or. Storchouse att Port Royall containeing or. Materialls of Warr, and are from time to time to deliver out such quantity of Guns, Powder, Shott & other Stores, as ye Governr. and Councill shall direct you by their order in wrighting and not otherwise, except it be some powder & birding Shott for ye use of or. owne Plantacon.
You are to keepe account of what Gunns, Powder & fowling Shott, you doe by order of ye Governor & Councell deliver to any one, and take ye persons rect. for ye same for whom you deliver it, The weh. Receipt to avoid multiplicity of accts. ; yo" are to deliver to Mr. West, who is to charge ye sd. Party wth. it in his Books & account wth. him for ye same.
S. P. O. NORTH CAROLINA. B. T., VOL. 2, p. 33. Instructions for M'. Henry Braine.
Mr. Henry Braine, You are under the Command of Mr. Joseph West, (whom wee have apointed Comdr. in Chief of or. fleet till their arrivall at Barbados) to saile to Kinsale in Ireland, & from thence to Barbados as hee shall direct and order you, & when you are at Barbados, you are to observe the orders of or. Gover- nour for your proceedings to Port Royall, And to returne from
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EARLY HISTORY OF SOUTH CAROLINA.
Port Royall to Barbados or to Virginia as you shall bee directed by St. John Yeamans, Mr. Thomas Colleton & Major Kingsland, & there take in passengers & other fraught for Port Royall : if you goe to Virginia you are to aply yorselfe to Mr. William Burgh, in Chocatuck Creek, in James River, in whose hands you shall finde instructions what you are to doc ; if you come to Barbados, you are to deliver what goods you shall bring from Port Royall for the Proprietors acco. to Mr. John Hallet, & take his & M. Thomas Colletons advice for your proceedings from thence, either to Saltordudos & Virginia, or to Virginia directly, or back to Port Royall.
When you are at Port Royall, you are to consult wth. Mr. West & or. Governor there, to what port you shall goe when you goe from thence, & are to saile to that port that any two of you three shall agree on, all being present at the consultation, if alive.
You are from time to time to send us an acco. of your pro- ceedings, what fraught your ship hath made, & what you have delivered into the hands of or. Factors or any of or. Agents.
S. P. O. No. CAROLINA, B. T., VOL. 2, p. 46.
At a Meeting of the Proprietors of Carolina, held at the Cock- pitt, the 21st October, 1669.
Present.
The Duke of Albemarle.
The Earle of Craven.
The La. Berkley.
The Ld. Ashly.
Sr. Geo. Carterett.
Sr. Peter Colleton.
The Duke of Albemarle was elected the first Pallatin of Carolina.
The Earle of Craven the first High Constable.
The Lord Berkeley, the first Chancellor.
The Lord Ashly, the first Chief Justice.
Sir Geo. Carterett, the first Admirall.
Sir Peter Colleton, the first High Steward.
S. P. O. No. CAROLINA. B. T., VOL. 2, 1669-70, p. 47.
At a Meeting of the Proprietors of Carolina, at S. George Carterett's lodgeings, at Whitehall, the 20th of Jan., 1669.
Present.
The Earle of Craven.
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The L'. Berkeley.
The LA. Ashley.
Sir Geo. Carteret.
Sir Peter Colleton.
Sir Tho. Clarges, for Christopher, Duke of Albemarle.
Gco., Duke of Albemarle, the first Pallatin of Carolina, being dead, the Lord Berkeley, being the eldest in years of the surviving Proprietors, succeeded him, & was admitted the second Pallatin of Carolina.
The Earle of Craven continued his place of Constable.
The Lord Ashly continued his place of Chief Justice.
Sr. Geo. Carteret continued his place of Admirall.
Sr. Peter Colleton quitted his place of High Steward, & made election of that of Chancellor.
The Duke of Albemarle sent his Comission to his Deputy in Albemarle County, by the tytle of Treasurer.
The La. Berkely, Pallatin, Comissionated Samuell Steephens to bee his Deputy & Governr. of Albemarle.
The Earle of Craven deputed John Jenkins.
The Ld. Ashly, Mr. John Willughby.
Sr. Geo. Carteret, Mr. Peter Carteret.
Sr. Peter Colleton, Mr. Godfry.
The Duke of Albemarle sent a blank to the Govr.
S. P. O. No. CAROLINA. B. T., VOL. 2, p. 43.
Coppy of Instruccons annexed to ye Comission for ye Govern'. & Councell.
27 July, 1669.
In regard ye number of people weh. will at first be sett downe at Port Royall, will be soc small, together wth. want of Landgraves & Cassiques, that it will not be possible to putt or. Grand Modell of Govermt. in practice at first, and that notwthstanding wee may come as nigh ye aforest. Modell as is practicable.
1. As soone as you arrive at Port Royall you are to summon all ye freemen that are in ye Collony, And require them to elect five persons, who being joyned to ye five deputed by ye respective Proprietrs., arc to be ye Counsell wth. whose advice & consent, or at least sixe of them, all being summoned, you are to governe according to the Limitacon & Instruceons following, observeing what cann at present be putt in practice of our fundamentall Constitutions & forme of Govermt.
2. You are to cause all ye persons soe chosen to sweare Alle- geance to or. Soveraigne Ld. the King, & subscribe fidellity & submission to ye Proprietors & ye forme of Govermt. by them established. But in case any man for Religeon's sake be not free
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EARLY HISTORY OF SOUTH CAROLINA.
to sweare, then shall he subscribe ye same in a Booke for that use Provided, weh. shall be deemed ye same wth. swearing.
3. Yo" & yor. Councell are to choose some fitting place whereon to build a Fort under ye protection of wch. is to be yor. first Towne, placeing yor. houses soe as ye Gunns of yr. Fortes may comand all yor. Streets.
4. Within this Forte is to be kept yor. Stores of all sorts.
5. If you place yor. first Towne on an Island, that whole Island shall be devided into Collonyes, & reserved for ye use of ye people, & suffer noe Signiory or Barrony to be taken up in it. But if yo" plant yor. towne on ye. maine, then shall ye sixe next ad- joining Squares of twelve thousand acres be all Collonyes, soe that the people may at first plant together in convenient numbers.
6. You are not to suffer any one to take up lands wthin two miles and a halfe of any Indian Towne, if it be of ye same side of a River, we hopeing in time to draw ye Indians into or. Govermt. And would have ye quantity of a Barrony left about every Cas- siques house or Townc.
7. Yo" are by & wth, ye consent of yor. Councell, to establish such Courts, and soe many as you shall for ye present thinke fitt for ye administracon of Justice till our Grand Modell of Govermt. cann come to be putt in execution.
8. You are to sumon ye freehoulders of ye Collony & require ym. in our names to elect twenty persons, weh. together wth. or. De- putys for ye present are to be yr. Parliament, by & wth. whose consent, or ye maior. parte of them, you are to make such laws as yo" shall from time to time finde necessary, weh. laws being ratti- fyed by yo" & any three of or. five Deputys, shall be in force as in that case provided in the 12th & other Articles of or. fundamentall Constitucons & forme of Govermt.
9. You are to take notice that we doe grant unto all free persons above the age of sixteene yeares yt. doc come to Port Royall to plant before the 25th day of March, 150 Acres of land for them- selves & 150 Acres more for every able man Servt. they bring wih. them or cause to be transported into the sd. Collony. And 100 Acres for every Woman Serv. and Man Servt. under 16 yeares of age. And one hundred Acres to any Servt. when out of their time to his or her owne proper use.
10. To every free person that shall there arrive to plant & inhabitt before ye 25th day of March, 1671, one hundred Acres. And 100 acres more for each man Servt. they bring wth. them or cause to be transported into ye sd. Collony, And 70 Acres for each Woman Serv. or Man Serve. under sixteene yeares of age. And to every Serve. that shall arrive before ye time last-menconed, scaventy acres to his or her proper use for them & their heirs forever.
11. To every free person that shall there arrive before ye 25th day of March, 1672, wth. an intent to plant scaventy acres, and 70
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Acres more for each man Servt. they carry wth. them. And 60 acres for each Woman Servt. or Man Servt. under 16 yeares of age. And to every Servt. that shall arrive before ye time last menconed, seaventy acres to his or her proper use for them & their heires for ever when there time of servitude is expired.
12. You are to cause ye Land to be laid out in Squares con- taineing each 12,000 Acres, every of weh. Squares that shall be taken up by a Propriet". is to be a Signiory. And cach Square that shall be taken up by a Landgrave or Cassique is to be a Barrony, and cach of those squares weh. shall be taken up or planted on by any of the people shall be a Collony, And reserved wholly for ye use of ye people as they come to setle, keeping the proporcon of twenty-fower Collonyes to eight Signioryes & eight Barronyes.
13. You are to order ye people to plant in Townes, And one Towne at least in each Collony soc ordering & laying out the Townes as you & yor. Councell shall thinke most convenient & profitable for ye people yt. are to inhabitt them. You are not to suffer ye Inhabitants of any of ye Collonyes to have a greater pro- porcon of front of their Land to ye River then a fifth parte of his depth.
14. Any person haveing brought Servts. to plant, shall make ye same appeare to yrselfe & Councell who shall thereupon issue out a Wart. to ye Surveyor Genner". to lay him out a parcell of Land according to ye proporcons menconed in theise or. Instruccons. And ye Surveyor haveing done ye same, And ye Wart. wch. ye Surveyor Genriis. returne thereon being recorded. And ye person to whom this Land is granted, having sworne or subscribed Alle- giance to or. Soveraigne Ld. ye King, And fidellity & submission to ye Las. Propriet"s. And ye fundamentall Constitucons & forme of Goverment yo" are undr. ye Seale (for that use provided,) to passe this following Grant :
Geo., Duke of Albemarle, Capt". Gen". of all his Maties. Forces, Edward, Earle of Clarendon, William, Earle of Craven, John Ld. Berkley, Anthony La. Ashley, Chancellr. of ye Exchequer, Sr. Geo. Carterett, Baron'. Vice-Chamberlaine of his Maties. Household, Sr. Peter Colleton, Bart., & Sir William Berkeley, Knt., The true and absolute Lords & Proprietors of ye Province of Carolina, Doe hereby Grant unto A. B., of the County of
Province of a plantacon in ye Towne of in ye
in ye County afores4. containeing
Acres English measure, bounded
to have and to hould to himselfe, his heires & assignes for- ever, yeilding or paying to ye st. George, Duke of Albemarle, Edward, Earle of Clarendon, William, Earle of Craven, John L". Berkley, Anthony LA. Ashley, S. Geo. Carterett, St. Peter Colleton & S. William Berkley, LAs. Prop's. as aforest., their heires & assignes, every 29th day of Sept., web. shall be aftr. the 29th day of September, 1689, one penny of lawfull English mony
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or ye vallew thereof, for every of ye st. Acres to be houlden in free & common Soccage. Given under ye Great Seale of ye day of in ye yeare of or, Lord.
This Grant you & three more of your Couneell are to signe, and cause ye same to be recorded in the Register Office, ye weh. shall then be deemed a full & firme Conveyance of y Land therein mencoued, unto ye person unto whom it is granted, & his heires & assignes forever, he payeing ye rent, &c.
15. We haveing sent a stocke of Victualls, Clothes & Tooles for ye supply of those people, who through Poverty have not beene able to supply themselves sufficiently for such an enterprize, to prevent abuses in ye distribucon whereby one may come to want, & another have too much, you & ye maior. parte of or. Deputys by dircecon, in wrighting, are to order or. Storekeeper how much of each sort shall be delivered weekly to ye respective persons, wherein yo" are to have speciall regard to those that are not able to furnish themselves.
Yo" & ye Maior. parte of or. Deputys, are by yor. Order in wrighting to direct or. Storekeeper how much of ye Indian trade sent shall be delivered to any of ye Indian Cassiques to purchase their friendshipp & allyance, Wherein wee desier you to be as good husbands as may be, that there may be left a considerable store to answer all Emergeneyes, And never lett ye Indians know what quantity you have, it haveing beene observed to be prejudiciall to those that have suffered them to see all their Store.
July 27th, 1669.
S. P. O. NORTH CAROLINA. B. T., VOL. 2, p. 31.
Instructions to Joseph West.
Copy of Instructions to Mr. Joseph. West, Storekeeper.
Mr. Joseph West, you are to cause to bee erected within or. Fort at Port Royall 2 houses weh. are not to bee thached, in one of wch. you are to putt or. Stores of Warr, in the other, the Vic- tualls, Cloathes, Tooles, &c.
The key of that in weh. is our Stores of Warr, you are to deliver unto Mr. John Rivers, who is to have the charge thereof, you are to make an Inventory of all you deliver him, & take his rect. thereon,
You are to deliver such quantitys of the Indian trade for pre- sents to the Indian Kings, as or, Governr. & any three of or. Deputys, if so many bee alive in Carolina shall direct you, the residue you are to lye out in Vietuall & other necessarys for the use of the Colony, takeing rect. from every man for what you furnish him. You are weekely to deliver to such persons as or. Governo.s & any three of or. deputys, if so many bee alive in
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