USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 13
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TYMEN STIDDEM Plt JACOB VANDER VEER Deft
The Plt demands a Conveigance for a Certaine percell of Land by him bought of sd deft in ye Jeare 1667: Lying on both sydes of ye Brandewyne Creeke : The Deft Replys that he hath Sould to ye Plt no other Land but what Lyeth on the southsyde of ye Brandewyne Creeke wch the Plt now possesses. The Debates of both partees being heard Itt is ordered that the Land wch Mr Tymen Stiddem bought of Walraeven Jansen & Moens Andries That hee the Plt may Cause the same to bee surveighed, and obtayne a Pattent for the same.
Upon the Peticon of Justa Poulsen & Lace Martensen de- siering a grant to take up one hundered acres of Land, The Cort granted the same they seating & Improoveing the said Land according to his Honor the Governors orders and In- structions.
183
RECORDS OF THE COURT OF NEW CASTLE.
EDMUND CANTWELL & .Plts
JOHANNES DEHAES
AERT JANSEN
Deft
1
In an action of the Case for ye deft not prforming of a Contract upon ye PIts Land on the East syde of this River.
Before Judgemt past, The partees did declare to haue mu- tually agreed as followeth : Aert Johnson is to make good the olde stocke of six Cowes or the vallue thereof, to bee vallued by Indifferent p'sons as also the halfe of a cowe wch is dead belonging to Roelof the son of Johannes Dehaes and the sd Aert doth further Ingage to fulfill ye Contract by makeing the Barne The stable or stall, The fences Cartway etc : betweene this & the month of octobr now next ensuing.
To the above both prtees did declare to stand & agree in Cort whoe ordered the same to bee Recorded.
THOMAS HARWOOD Plt JACOB VANDERVEER Deft
This action is by the Request of both partees and wth ye Corts Consent Continued untill the next Court day.
Upon the Peticon of Abram Mann desiering a grant & order to take up 500 acres of Land : The Court Granted the same, The Peticon" seating and improoveing the sd Land according to his Honor the Governors orders and Regulacons.
ROBBERD WILLIAMS attorney for JOSEPH POST of Long Plt In an action of Island debt for 3 peeces of serge due by bill.
ARTHUR CARELTON the attor- ney of ye Widdow & ad- ministrator of JOHN MOR- GEN deceased 7
- Deft
L
Upon ye Plts Request this action is Continued untill the Pit can send to Long Island to haue the Testimony of one of ye witnesses to the bill whoe Inhabits there.
184
RECORDS OF THE COURT OF NEW CASTLE.
JOSEPH HOULDING PIt This action is withdrawn by JOHN ANTER Deft Ì Tho : Spry the PIts attorney.
EDMOND CANTWELL PIt
PELLE MATHIAS Deft
1678 26 Mch : Exe- The Plt demands of Deft by this defts bill cution Issued agst bearing date the first of November 1677 the ye boddy of ye Deft. sume of one hundered seventy fyve gilders
& fifteen styv". The deft Confesses hee signed to ye bill but sayes that hee was therunto forced by the Plaintife. The Cort haueing heard the Cause doe order that Judgemt bee Enterred against the deft for ye sd 175 gilders 15 styv : wth Costs.
The Court adjorned till tomorrow the 6th of March.
See this deed Record- George Moore son & heir of his deceased ed in ye Records of Conveigances &c on fo: 25: 26 & 27. mother Anne Wale, This day apeared in Court and then & there did aknowledge the sale and makeing ouer of a Certayne Pattent from the Right Honorble Governor Mayor Edmond Andross bearing date ye 5th day of November 1675: together wth ye Land & premisses therein Contayned being a Tract of Land Called Chelsey Lying & being on the southsyde of St Georges Creeke Contayning three hundered acres of Land wth the Marrishes thereunto adjoyning : unto John ogle of Cristeena Creeke his heirs and assigns for Ever.
See this deed Record- ed in ye Records of John ogle of Cristeena Creek and Eliza- beth his wyfe This day apeared in the Cort Conveigances on & then & there aknowledged the sale & fol: 27 & 28: makeing ouer of the abovesd pattent Land & p'misses unto John Test of Upland merchant his heirs and assignes for Ever.
See this deed Record- John Test of Upland this day apeared in ed in ye Records of Conveigances etc on fo: 28 & 29. Cort and then & there did aknowledge the sale & makeing ouer of the above said Pat- tent Land & p"misses unto Marmaduke Ren- dall of London, Merchant, his heirs and assignes for Ever.
185
RECORDS OF THE COURT OF NEW CASTLE.
Peter Bayard desiered to haue his marke for Cattle & hoghs att his plantation at bombies hoek Recorded wch was vizt a Cropp and twoo slitts in the Left eare and a overkeel on the Right eare.
ELIZABETH MORGEN administrat" of Plt
JOHN MORGEN deceased
MORRIS LISTON by Edm : CANTWELL Deft
The Plt demands of this deft the sume or quantity of Eight thousand pound of Tobbacco & caske due to this Plt by a bill under ye hand & seale of him the defendant past to this Plts husband John Morgen deceased bearing date the 28th of de- cember 1674 of whch said debt the Plt aknowledges that the one halfe is paid and humbly craues Judgemt agst the deft for ye Remayning 4000 Ib of Tobbacco wth Costs & damages.
The deft desieres that the Plt may be ordered to make a Tytle & assignment wth a Pattent for a Certayne Tract of Land bought of Plt in Talbot County in Maryland hee being willing to beare all the charges thereof, wch being done the deft is willing to pay the 4000 Ib of Tobbacco.
The Debates of both prtees being heard The Cort ordered the deft to pay unto ye Plt the sume of 4000 Ib of Tobbacco, upon ye payment whereof the Plt to make & passe a Conveigance to ye deft for ye Land by the deft bought of ye Plt in Talbot County aforesaid, The Charge Whereof to bee paid by the deft wth this provisoe that Incase the Plt can make apeare by the Records of Talbott County that a Conveigance has formerly past & made to the deft for the Land there, then the Plt to bee discharged from makeing any other & the deft to pay Costs.
JOHN ADDAMS for his master WILL : - Plt
DERVALL
The Estate of JOHN ARSKIN deceased Deft
The Plt declares as pr declaration for ye sume of 363 gilders zewant or the vallue wth Costs.
The Court having heard the Cause and the widdow of the
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RECORDS OF THE COURT OF NEW CASTLE.
deceased aknowledging the Bond of hur deceased husband past to ye plt to ye sume of 600 gilders for ye payment of 363 gilders, Doe order yt Judgemt bee enterred against the said Estate according to bond for 363 gildrs zewant or ye vallue wth the Costs.
JOHN OGLE Pit An attachmt by the Plt Laid JOHN TARKINTON Deft upon a Mare of this Deft in ye hands of Robb : Williams.
The Plt not haueing any bill and not prooveing his declara- tion is non suited.
An attachmt by the Plt - JUSTICE GERRET OTTO PIt 1 Laid upon ye defts effects FRANCIS STEEVENS Deft in ye hands of John Sieriexe.
The Deft Remayning default, The Cort doe allowe of the arrest & if the Plt doe not apeare att ye next Court then Judgemt to pase against the deft.
The Cort adjorned untill to morrow ye 7th of March.
Mr John Yeo minister being Latley Come out of Maryland, this day apearing in Court did exhibit & produce his Letters of orders & License to Read divine service administer the Holy Sacraments & preach ye word of God, according to ye Lawes & Constitutions of the Church of England. The Cort haue accepted of ye sd John Yeo, upon ye approbacon of his Honor the Governor hee to bee mayntayned by the Gifts of ye free willing Givers wherewth the sd John Yeo declared to be Contented.
Upon the Peticon of Jolin Addams in the Behalfe of his master Capt" Thom De Lauall desiering Execution against the Estate goods and Chattles Lands & Tennements of Mr William Tom deceased, upon a Judgemt by the said Capt™ De Lauall obtained in this Court ye 19th of May 1677 :
The Cort answer that whereas Capt" John Colier on ye 16th of June Laest past by order of Capt" Thomas De Lauall did
187
RECORDS OF THE COURT OF NEW CASTLE.
take out execution agst the Boddy of William Tom for the payment of 4120 gilders wth the Interest & Charges, wch execution was then signed by Justice John Moll, and the high Sherrife Capt" Cantwell makeing Returne upon sd Execution that the sd M' Tom was Confined to his Chamber for want of a prison ; and the sd John Addams now pleading in Court that the said Mr Tom has been seen out of ye prcincts of this Court & severall tymes out of ye Chamber where he was Con- fined to, and that hee made his will & alsoe Dyed in the said Chamber after a prizon was built (in wch will hee declared to bee & dye a přsoner for ye debt of Capt. De Lauall.
Itt is therefore the Courts opinion that sence they have alreddy signed to one Execution agst the Boddy That therefore itt is Improper for them to grant any other Execution But that the estate of MY Tom shall Remayne in Custodie of ye sd high Sherrife Capt" Cantwell, and hee to answer this Case be- fore his Honor the Governor & Councill att New Yorke To whome the Court humbly Referre the determination thereof.
The Court have & doe hereby appoint & authorize M' Gis- bert Dircksen and Mr William Semple appraizers to apraize The Estate goods and Chattels of Mr William Tom deceased.
JOHN OGLE Plt Withdrawn by the Plt
GEO : MOORE Deft
JUSTICE JOHN MOLL PIt WILLIAM CURRER Deft
9 March 167? Execut: The Plt Complaynes that the deft is taken out by M' Moll agat ye goods & Chat- tles of Wm Currer: debtor unto him as apears by his aknowl- edgment made by him in this Cort ye 7th of february 1676 the sume 2767 lb of tobbacco & Caske : and the Plt haueing often demanded the said sume is as yett unsattisfyed wherefore hee hath laid an attachment upon all the goods & Chattles belonging unto the deft att the plantation of Mr William Tom deceased and humbly craues Judgemt agst the deft for ye abovesd sume, and
188
RECORDS OF THE COURT OF NEW CASTLE.
that his attachmt may bee allowed of, wth ye Costs. The deft being default, The Court ordered Judgemt to bee Entered agst the deft for soe mutch as the deft hath not paid In full of the abovesd 2767 1b tobb° and doe allow of ye abovesd attachmt wth ye Costs.
Upon the Request of M' John Moll, ordered, that for the worke that has ben made by humphry Kittly & Joseph Burn- ham Mª Molls Servant sence their Contract That what shall bee earned & Jett Just due upon ye same shall & may bee Received by Mr Moll aforenamed untill this date.
ROBBERD HUTCHINSON Plt
HUMPHRY KITTLE Deft
The deft being default & not apearing according to arrest, ordered yt if the Deft do not appear att ye next Court then Judgement to passe.
ABRAM MAN Pl The deft in default
WALTER WHARTON Deft
The PIts declaration being Read the Cort Referred this action untill next Court day.
HENDRIK WILLIAMS Plt
WALTER WHARTON Deft The deft in default
The PIts declaration Read & Referred as above.
JAMES WILLIAMS . Plt Continued by the Court EDWARD WILLIAMS Deft
ROBBERD WILLIAMS Plt
JOHN OGLE Deft Withdrawn by the PIt
Upon ye Peticon of Justice Jean P. Jacquet & Peter Classen desiering a grant to take up 200 acres of Land, as an addition to their Land whereon they now live wthout wch the Peticon's alledge to haue not one timber tree etc. The Cort granted ye Peticon's to take up twoo hundered acres of Land, they Im-
189
RECORDS OF THE COURT OF NEW CASTLE.
proveing the same according to his Honor the Governors orders etc.
Machiell Barron prferring in Cort a peticon together wth ye Testimony of Thom : Arnold & his wyfe about ye makeing ouer of the Plantation Tobbacco etc of John Tingell unto him the said Mach : Baron etc. Itt is the Courts opinion (they seeing the sd Testimony of Arnold) that the Plantation & Tobbacco was made ouer unto ye Peticon's before M' Molls attachmt thereon was laid.
ROBBERD WILLIAMS Plt
Withdrawne by the Plt GEORGE MOORE Deft
GEORGE MOORE Plt Withdrawne by the Plt
ROBBERD WILLIAMS Deft
CAPTN XTOPHER BILLOP attorney \ Plt This action is for CAPTN JOHN COLIER
- Contin by Re-
SYMON GIBSON Deft - quest of both
partees.
JOHN BERCQUER by JUSTICE - Plt JOHN MOLL his assignee
MORRIS DANIELLS of Maryld Deft
The deft default being dismist by the High Sherrife from ye arrest.
The Court have allowed of the acct of John Can brought in against the Estate of henry Stanbrooke deceased to ye sume of three hundred & therty gilders, and doe hereby order the vendu master Ephraim Herman to pay the same out of ye Effects of ye goods by him the sd vendu master Sould in Vendu.
Ephraim Herman brought in Court his acct against the Estate of Vicessimus Nettleship deceased to ye sume of twoo thousand fyve hundred fifty and one gilders & fifteen styvers, wch acct being examined and prooved in Court, The Court doe
190
RECORDS OF THE COURT OF NEW CASTLE.
Grant the sd Ephraim Herman an order to bee payed or pay himselfe first out of the sd estate, hee being administrator.
Ephraim Herman being heretofore by this Court appointed administrator of ye Estate goods & Chattles of Vicessimus Nettleship deceased : Did this day bring in his acct of ye ad- ministration of ye said Estate unto ye Court desiering that the Cort would bee pleased to peruse and Look over the same and after that that hee might bee dismist of his sd administrator- ship.
The Cort haueing perused and Examined the said accompts doe well approve and allow of the same, and doe hereby acquit and discharge the sd Ephraim Herman from his said admin- istratorship. But in regard none of the kindred of ye sd Nettle- ship are att hand or none of the Creditors desiering to bee admitted administratos for the future and that ye Estate might nott in the mean tyme bee neglected, The Cort haue therefore desiered and Impowred ye sd Ephraim Herman untill further order to ye Contrary to keepe the bookes & accts belonging to ye said Estate in his hands, and to Receive & pay the severall debts and as mutch as hee can to minde the best of ye sª Estate wth this Condition that hee the sd Ephraim herman shall come not to any damadge & not stand to any Losse in what hee shall soe doe and act in the p"misses hee notwthstanding being Lyable to give an acct when desiered unto this Cort In whoese breast itt shall bee to allow him for his further Trouble as shall be thought Convenient.
The Cort haueing Examined the acct of Mr Thom : Woolles- ton by him brought in against the Estate of Vicessimus Net- tleship deceased to ye sume of 225 gilders, doe allow of ye same and grant him an order for ye paymt thereof.
A Certayne order or Regulacons from his Honor the Gov- ernoer formerly Given to Capt" Edmund Cantwell then sur- veigor, being this day brought in Court, and itt being found that Mr Tom the former Clercq had neglected the Recording thereof : The Cort therefore ordered that the same should now bee put upon Record.
191
RECORDS OF THE COURT OF NEW CASTLE.
Copia,
By the Governor
Whereas you are apointed surveigor for this River & prcincts, the wich being att so great a distance from N : Yorke, Therefore for the better & more speedy accomodacon of such fitting prsons as dayly resort hither to settle under his R: Highnesse Governmt you are hereby further authorized as followeth :
That you admitt of any such new comers & assigne them such tracts of Land proper for them, as hath not been yet taken up or settled according to ye Lawe & Custome of the governmt wth in three years allowing to each head sixty acres of Land, they not parting wth such Land assigned them untill itt be settled and for their better Encouragement such as take up new Land shall bee free of paying any quit Rent for ye first Three Jears. That upon all occasions of new Commers you doe advize wth the magistrates Concerning the quantity of Land to bee Given them and the niost proper places : That from tyme to tyme you Give mee an accompt and send mee due Surveighs of all new Lands taken up as alsoe of all Lands settled that haue not beene surveiged & Pattented that there may bee Graunts & Pattents sent for the same, and dully Recorded in the Corts of the seuerall Jurisdictions or prcincts to p"vent all future Litigious sutes.
New Castle May ye 15th 1675.
To Cap" Edmond Cantwell Surveigor of Delowar.
(was signed) E ANDROSS
The Clercq Ephraim Herman did this day againe put ye Cort in minde that notwithstanding the Governors orders sent by him to this Cort etc. and publisht several tymes here & att upland and also affixed up att ye forte gates Intimating that all prsons haueing or Clayming any Lands should haue the same Recorded etc : Yett but few prsons haue as yet, accord- ing to his Honors sd orders, Caused their Respective Lands to bee Recorded, and alsoe that the surveig" hath hetherto not
192
RECORDS OF THE COURT OF NEW CASTLE.
visibly minded ye same : desiering that the worpp" Cort would bee pleased to take some Course that his sd honors orders might bee fulfilled etc.
The Cort doe desire & order the sd Clercq as hee goes about for ye Receiving ye quitrent to give notice once more to the People thereof etc.
Ye 9th of March 167g Mr. John Yeo as attorney of James Clay- land desiering the Renovation & Reviving Execution taken out by Jº Jeo: agst ye boddy of W~ John- of a Judgemt past in Tabbott County the 21st of September 1675, against Williams son. Johnson Taylor for ye payment of one man or woomen servant for 5 Jeares Servitude & ye Costs in Mary- land and alsoe here. The Cort Granted the same, Except the said William Johnson can make apeare to haue paid & sattis- fyed the Judgemt before.
Upon the Peticon of Anthony Bryant Shewing that ye Estate of Capt" John Carr is debt" unto him twoo hhds tob- bacco, desiering Sattisfaction in the hands of Mr Moll etc. The Peticon" to bee paid or to stopp the abovesd sume out of the Payment wch the Peticoner is to pay for ye Land he Lives upon bought of Geo: Oldfield.
The Cort takeing into Consideration the necessity for the putting the Records of the Late Clercq MI Tom, in as good a postur as may bee, haue therefore made the following order viz : By the Cort of New Castle
Whereas his honor the Governor as well as this Cort haue divers tymes ordered the former Clercq Mr William Tom now of late deceased to put the Records by him kept, In good order and to deliver the same unto the prsent Clercq Ephraim Herman, Notwthstanding wch th same hath by him ye sd MI Tom ben neglected, wch has occasioned divers Complaints by severall prsons to this Cort about the same. The Court haue therefore thought necessary (for the good of all prsons thereby Interested) to Impower and authorize the prsent Clercq Eph: Herman to take the sd Records and publicq wrytings into his Custodie and wth all that hee put the same in the Best forme
193
RECORDS OF THE COURT OF NEW CASTLE.
hee can to the end all prsons Conserned may have their free Regresse to the same as is usuall, and in Consideration of the said Eph. Hermans paynes & Trouble in and about ye same, The Court haue and doe hereby Give and Grant unto, and fully Impower the sd Eph. Herman to haue Collect and Re- ceive, to his owne proper use and belioofe all fees and Emolu- ments due from the seuerall prsons by the sd Records, That is to say soe much thereof & all that every p"son or prsons can not proove to haue allreddy paid to the aforesd Mr Tom, In Con- firmation whereof the Justices of the Cort above named being assembled & sitting in Court haue here unto set their hands.
In New Castle this 7th day of March 167 ?.
(Signed) John Moll Pieter Alrichs gerret otto
Jean P : Jacquet
fopp outhout
Upon the desire the Court have given unto the Clercq Ephraim The following Certificate :
Wee underwritten The Justices of ye Court of New Castle In Delowar Doe hereby Certify and declare unto all whome itt doth or may Concerne that Mr Ephraim Herman being by the Right Honorble Governo" Edmond Andross Comissionated Clercq to this Court hath in his said office & Employ ever sence and in all other publicq Consernes Behaued himselfe vigilant careful & honest, hee haueing Carefully & fully dis- charged his duty therein, and Lykewyse hath behaued him- selfe Civilly & his Given sattisfaction to all People.
This to or knowledge we Certify and In Testimony of the truth hereof wee haue hereunto sett o" hands being assembled & sitting In open Court att New Castle this 7th day of March Annoq Dom : 1673.
(Signed)
John Moll Pieter Alrichs ffopp outhout Jean Poul Jacquet Gerret otto.
13
194
RECORDS OF THE COURT OF NEW CASTLE.
Att a meeting of the Justices held In the Towne of New Castle ye Sth of March 1672
Prsent MỸ John Moll
Mª Peter Alrichs
Mª fop outhout Justices
MỸ Gerret otto Capt Edm : Cantwell High Sherrife. " The Court haue desiered and authorized the Clercq Ephraim Herman to put ye papers and small Consernes of Henry Stan- brooke deceased in good order & forme by way of accompt (and if hee can) or thinks fitt to Receive the debts due unto the sd Stanbrooke in these parts, and hee accomptable for what hee might Receive allowing him the sd Eph; herman of the whole wch hee shall put in order after ye Rate of eight pr Cento and haue further in all Respects allowed him soe mutch as the Executors of Dirk Albertsen deceased haue agreed wth ye sª herman.
The Cort taking into Consideracon ye gener !! Complaints of ye Inhabitants for ye severall straynes & unusuall actions of Capt" Christopher Billop Commander senoe his being here in severall particulars : vizt
That ye sd Commander most parts of this whole winter & still makes use of ye Towne forte where ye watch on occasion was kept for a stable to put in his horses.
That hee keeps ye Cort Roome above in the forte and keeps „the same filled wth hay & fother, That hee kept hoghs wib in ye forte walls and by that meanes keepes ye gates Continually Lockt up, That hee hath & doth still deny & debarr this Court from sitting in their usuall place in the forte, That hee makes use of ye Souldier (whoe is in pay and is kept for to Looke to y.e forte and to keepe itt klean) about his owne Pryvat affayres sending him ye most part or a Long whyle from home. That hee had denyed & forbidden the Sherrife to put any prizoners in ye usuall prizon In the forte, That to ye great discouradge- ment of all Inhabitants Contrary to former practice and the Priviledges of this Towne hee hath forced ye people whoe are
195
RECORDS OF THE COURT OF NEW CASTLE.
Livers wthin the Jurisdiction of this Court to pay Custome for Inconsiderable quantitys of goods by them bought In Towne for their necessity.
The Court takeing the abovesd & other the Lyke actions Into Consideracon thought itt Convenient to Reason wth the said Commander, and to warne him of the dainger hee did Incur by acting as hee did, The more & especially by Reason the Indians begin to make disturbance In the neighbouring Collony of Maryland, wch might quickly Reatch heither, and if ye forte being as itt is could not serve for a place of Refuge on occasion.
The sd Capt" Billop comming in Court answered upon ye abovesd perticulars, That hee had only to doe wth ye forte & militia and that the Cort should not sitt in the forte, and that itt not Conserned the Cort and as to the Customes hee answered that although his predecessors had not taken Customes of such small matters bought by Inhabitants for their necessity, that the same was according to the Regulacons & hee would nott Remitt the same unlesse the Governor would send him such orders etc.
Butt after a long dispute the sd Capt" Billop promised to Remoove his horses etc. out of ye forte and to Cause the same to bee made Clean, and hee said that the Court might sitt there againe. Lykewyse that the Sherrife might again make use of ye County Prizon as formerly, and as to the Customes that hee would Remitt small things bought by Inhabitants for their maintainance.
The Court ordered the above to bee soe Recorded.
Att a Court held In the Towne of New Castle By his mayties authority May the 7th & Sth Annoq Dom : 1678.
Prsent Mr John Moll
Mr ffopp outhout
Mr Jean P : Jacquet
Justices.
Mª Gerritt otto
Capt" Edmund Cantwell H : Sherrife.
196
RECORDS OF THE COURT OF NEW CASTLE.
HENRY WARD PIt
JOIIN OGLE Deft
The Plt demands of the Deft by this defts bill bearing date the 7th of february 167§ : the full sume of three hundered & twenty gilders to bee paid wthin this Towne of New Castle in Tobbacco at 8 styvers pr Ib dutch wtt or in good & merchand- able winter wheat att fyve gildrs pr Schipple for wch hee Craues Judgement wth Costs; The Deft aknouledgeing the debt The Cort ordered Judgemt to bee Entered agst the deft for ye abovesd sume wth ye Costs.
Upon the Peticon of John Smith desiering a grant to take up 500 acres of Land : The Cort Referred the granting of ye same untill the Personall appearance of ye Peticon" in Court.
Uppon ye Peticon of Henry Ward shewing that had an order of this Cort granted him for 128 gildrs against harmen Reyndersen, due by bill, desiering that sence this Court were then pleased to grant ye sd harmen Reyndersen six weekes tyme for payment in wch tyme hee dyed and the Peticon" not sattisfyed, That therefore the Cort would take some care for his sattisfaction. It was ordered that John Ogle pay the same out of ye purchaze of ye house of ye sd harmen wch hee the sd ogle alsoe Ingaged in Cort to doe wth in six dayes following.
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