USA > Massachusetts > Suffolk County > Dorchester > Fourth report of the Record Commissioners of the city of Boston, 1880 : Dorchester town records > Part 6
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It is ordered that th' order made last yeere about Swyne bee Con-
42
CITY DOCUMENT NO. 9.
tinued only the Clawse for keeping p' keep' 2 miles fro any Corne feild to be reduced to halfe a mile.
It is ordered that all that haue great lotts shall p' the 25th mch fence in the ends and the hither side to wards the woods with 5 Rayles or other sufficient fence on payne of 58 to bee levied p' dis- tresse for eury goad found defectiue.
It is ordered that Robert Deeble is to be Continued baylif for the yeere foll. with the same power according to the order of the former yeere.
Aprill 1st 1640. It is ordered that no hoggs within 128. price shall be suffered to goe out of any mans p'prietie on payne of 12ª for eury within that price found on the Coinons and all other hogs shalbe sufficiently yoaked and Ringed or bee vnder the hand of a sufficient keep' on payne of 12ª for every hogg found in the Com- ons Contrary to this order the sayd fyne to bee levied by distresse and half thereof to bee for any freeman that shall take vp such hoggs the Rest to be for the vse of the towne this order to take effect this pesent day.
Richard Lyppingcot is Chosen to keepe the pound to haue 2ª for impounding 1 hogg alone and but 1ª if he impound more to- gether and to haue for impounding other cattle according to the order of the last yeere.
It is ordered that all the fence in the hoame lotts neere the towne shalbe made fast sufficiently within 4 dayes on payne of fyue shillings for eury goad found defectiue and the great lotts to be likewise sufficiently fenced by the 8th of this month on the same penaltie of 58 a Rodd to bee levied p' distresse.
[4].] It is ordered that no man shall put any Cattle on the great neck till the 15th of this moneth on payne of 12d. for eury beast found their befor that day to bee levied p' distresse.
It is ordered that Thomas Dickerman, Henry Wright and Thomas Sampford shall haue each of them one aker and halfe of marsh in Mr. Hawkins neck which was formerly granted them and not booked.
June 8th 1640. John Holland hath sould unto Mr. mathers. all his Commons at the great neck which is eight akers 3 quer 79 Rodes beeing his owne p'portion of right there, and also Rob' Elwells which he purchased.
For as much as former neglects of lookeing to high wayes hath beene pejuditiall to the Plantation in diuers respects. It is there- for ordered that hence forth there shall be yeerely Chosen 2 officers by the name of supveysors of high wayes who shall ouer see and D'eure the makeing or amending such high wayes as are defectine within the plantation, and to that purpose shall haue power to take any mans teeme or seruants or other workmen or mony, to the effecting of such worke as they shall have to doe, p'portionablely to such mens portions of lands where such wayes lye and so farre as they are bound to be Chargeable to such workes ; and whosoeuer shall refuse to afford such helpe as shall be required p' the sup'- visours as aboue sayd shall be loyable to the pennalty of 39 6ª for
43
DORCHESTER TOWN RECORDS.
a mans worke a day so refuseing and 6 8ª for refuseing to helpe with a Teeme to be levied p' distresse a record to be kepte and deliuiered vp supervisors to paye 5$ for euery neglect of orders for vse of Towne.
John Eales Junior and George * are to be Cow keep's this yeere, and to haue 58 a Cow, and to keep the for the tyme and other Circumstances according to the order of the last yeere
29th 7 mo 1640. there was granted vnto John Eells a small p'cell of vpland ground Lyeinge betweene his marsh and Mr. Haw- kins ground a Little belowe his house
28 of 8 mo. 1640. mª that Jobn Eells of Dorchester in new England hath sould vnto nathaniell Patten now of Dorchester afforesaid all his Dwellinge houses and other outhouseinge thereto belongeinge with all his Lands in p'priety or comon, and all other appurtenances thereto app'taineinge in witnes whereof I haue herevnto put my hand the daye aboue said
JOHN EELLS
21 of ultmo 1640 Oliuer Purchase hath sould vnto Tho Swift 2 acres in the First Fresh marsh the daye and yeare aboue said.
[48.] Septemb. 29: 1639: Mr. Tho: Clerke: hath sould vnto Henry Wthingto : all his Comons at the great necke : at Squan- tum : which Late he purchased of William Read : beinge ffour acers. p' THO : CLARKE.
Octob. 20: 1639 : William Clerke hath sould vnto Henry With- ingto all his Land at Squantum necke which he Lately purchased of Mr. Hill which he doth vphold to be 7 akres and if it Fall short of so much he is to abate of what he hath receaued after 20° the acre
by me WILLIAM CLARK.
mª - that vpon Februaire 22 : 1638 : John Eells sould vnto mr mather all his Land in that portio of Land Called Dorchester necke which is recorded in the Deuision to be 5 acres 3 20 Rods : mª that upon the 26 Daye of Septemb. 1639 Mr. Samuell Newman sould vnto Mr. Mather : all his Land in that portio of Land Called Dorchester necke which is the Deuisio belonginge to the house that Late was Mr. Witchffeilds : beinge as is Recorded in the 36 page of this booke : 3 acres 3 quart 20 rods.
Ind That these 2 Last Records should have beene placed the one in page 41 the other in page 44 had they not then beene Forgotten,
21 10 mo: 1639. mª That the Daye aboue written David Sellecke sould vnto Mr. Tho. makepeace 16 acres of Land Lyeing and bounded accordinge to a deed beareinge Date with these p'sents.
August the 26" 1639. William Read hath sold vnto Thomas
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CITY DOCUMENT No. 9.
Clarke his Dwellinge house with the grounde behinde it which is 4 acors and likewise 4 acors of comones at Squantum necke ; 6 acores 46 Rode at the necke of land a persell of medow 10 acors more or lese as the fence now standes by the necke of lande 3 acors of grounde at the six acors lottes which were Ainciently John Millers : with all the Comines that belounges to mee and likewise the Comenes which belounges to John Millers lott beinge 6 acores and 46 Rode of both in euery deuision and two acores of medow at the second fresh marsh.
WILLIAM W READES marke.
[49.] The 1st of February 1641 there was Chosen the 7 men whose names are vnder written to order the Affayres of the Plan- tation and to haue power according to the former order as was giuen to the 7 men then beeing
Nathaniel Duncan
Sargeant Atherton
Mr. Clarke Richard Collicot John Holland Roger Clap John Pierce.
The same day the Elders Mr. Stoughton and Mr. Glouer are intrusted p' the towne to sett Tomsons Iland att a Rent for the best Benefitt of the schoole.
Theise orders vnderwritten should have been in order recorded aboue that which is aboue written as the dates Doe witnes but for some reasons it was otherwise.
19 11 mo Anno Dm. 1640. It is ordered that, no p'son or p'sons that is not a Commoner within Dorchester shall Fell any tree or trees for Timber on penalty of 58 for euery tree so Felled to be Leuied by Distresse.
It is ordered that hencefforth it shall not be Lawfull For any p'son or p'sons to Fell or take from the Comons in Dorches- ter as in their owne Comon Right or by waye of buyinge or purchase any Timber or Wood to sell or Carry out of Dorchester Plantatio into any other place to be imployed, vsed or spent out of the Plantatio vnder the penalty for Euery tree or Tunn of Tim- ber he shall take and Carry thence 108 to be Leuied by Distresse.
Whereas there hath been and also is at this p'sent much wood Fit for Fewel lyeinge and rotinge upo the Comons in Dorchester, to the Losse thereof and also to the p'uidce of the Pasture there and yet notwithstandinge there is much Fellinge of Timber and wood For Fewell and Fyreinge, it is thereffore ordered that hence Forth it shall not be Lawful ffor any p'rson to Fell any manner of wood vpon the Comons in Dorchester for Fewell or Fyreinge at any Tyme within the space of 12 monthes From the date of theise pesents vnder the penalty of 58 for every tree they shall Fell to be Leuied by distresse for the vse of the Towne.
1 of 1 mo 1641. It is ordered that wheras there are Certaine
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DORCHESTER TOWN RECORDS.
Lotts lyeing and beinge within the Fence of the great Lotts and beare no share at the side nor End Fence that they shall From hence Forth be Lyable to beare theire p' portio in the Comon side Fence which those that have beene burdened with it hitherto and that Bro. Holman & Colecot shall veiwe those Lotts and appoint them how much and where they shall make such Fence.
And Further that all the Fences about the great Lotts shall sufficiently be made vp with good railes or Pailes well bound at or before the 20th of this instant month at the Furthest upo paine of 2% for euery goad that is Faulty to be Leuied by Distresse and we appoint our brethren before named to veiwe them.
It is ordered that all the Fences about the home Lotts shall sufficiently be made vp with good Railes or Pailes well bound be- fore the 20th of this instant month vpo payne of 28 for euery goad that is Faulty and we appoint our Brethren Richard Bar. Fawer. Tho. wiswall. Hope Foster to vewe them.
[50.] It is ordered that the great and Little neckes of Land shalbe kept Fast vntill the 23th of Aprill and that what soeuer Cattell shall be Found there at any before that Daye shall be im- pounded by any Freeman and the owner to paye 6ª for the first Trespasse and xijd. for the 2ª and to be Augmented and agravated accordinge to the offence from tyme to tyme to be Leaued by dis- tresse the one halfe to the impounder and the other for the vse of the Towne.
It. that whosoever shall Fell any of those trees now standinge behinde Mr. Minott House marked with a great S being preserued for shade trees for Cattell in Sommer Tyme shall pave for Euery tree so Felled 10$ to be Leuied by Distresse for the Townes vse :
It is ordered that whosoever shall put any Cattell vpo the necke of Land this yeare 1641 : shall upo the 23th of Aprill next or vpo some daye after when they shall put such Cattell or horses or mares vpon the necke, giue in a note in writinge vnto Hopestill Foster appoynted to receaue them of the number of the heades they put in and what Land they put in for, and alsoe that II Foster shall haue power to keepe those notes and to giue publike notice vpo some Lecture Daye that all the inhabitants that have any Cattell horses or mares there maie come at such tyme as shall be appointed them to Driue the necke and also to claim their owne Cattell to the intent that such as are Delinquent Either in haueing more than their stint there or haueinge not giuen in their note accordinge to the p'misses maie be Found out and whosoever shall offend in the p"misses shall paye 58 for Euery head in p'ticuler for the First offence to be Leuied by Destresse ffor the vse of the Towne, and whosoever shall not come or sende accordinge to the publicke notice giuen shall haue his Cattel impounded and pay 2 6 for the First offence beside the Pound chardge to be Leuied by Dis- tresse for the vse of the Towne.
It is ordered that all the inhabitants of Dorchester shall at or before the 22th of this instant march sufficiently Ringe and yoke all their Hogges and other swine and that it shall be lawffull ffor Bayliffe of the towne or any ffreeman whosoeuer of the Towne
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CITY DOCUMENT NO. 9.
after the Daye afforesaid to take and to impound any such Hogges or other swine as he or they shall Find vpon the Comons of Dorchester vnringed or vnyoked from tyme to tyme and the owners to Paye for euery Hogge or other swine so impounded gd beside the pounde Chardge the one halffe to the impounder and the other to the vse of the towne to be Leuied by Des- tresse p'vided that if there be any Liuinge neare vnto any Clam bankes where they would have their hogges to Clam they shall Comitt them vnto the handes of a keep' to drive them to the banke and there attend them and to bringe them backe vnto their Coates or pounds where they keepe such swine and if any such swine be Found not under the hands of a keep' and vnringed and vnyoked shalbe Lyable vnto the penalty exp'ssed in the pem- isses, the order of yoakinge to continue vntil Indian Haruest and ringinge. in regard of the sad experience we haue of the hurt is Done in and about the Towne and Like to be it is to continue all the yeare.
12 of 1 mo. 1641. It is ordered that Andrew Pitcher shall make 18 Rod of a Crosse Fence that is to goe from the Riuer vpward : in Considero of his Fence that he was to make for the Land ginen him and besides that soe much as Falls to him by reason of his Lot amonge the rest of his neighbours and to Doe it before the 16 of aprill next vpo paine of 16ª a rod for neglect, the head of the Longe side Fence to begin at the corner of the great Lotts and Allexan- der Bradfford to be the ffirst.
Mr. Sumner 2 ) Wm Blake 4
John Phillips 3 5 Ricd Leeds 5
Tho : Millet 6 1 Andrew Pitcher 8 ) John Smith 7 5 Jonas Humphrey 9
nicho vpsal 10 }[51.] Henry Waye 12 ]
Tho. Tileston 11 5 Aron Waye 13 S
Braye wilkns 14. the fine is that enery 3 acres is to make 2 Rods of fence also the marsh Land is to bee added to the vpland as Followes
Mr. Howard 4 acre Mr. makepeace 4 : John Phillips 4 : all to be reckoned for 15 of vpland and so to beare Fence.
It is ordered that they shall paye vnto them that haue set vp the Fence for so much as is to be paid For after 20d the rod for so we thinke such worke was worth when it was Done.
Jo Holman ? are appointed Jo Pope onerseers.
17 of il mo. 1641. It is ordered that the waye through the great Lots within Paile and without shall be cleared by the 22th of the ii ino. 1611 ypon paine of 12d for query tree that shall not be remoued beside the Cort order in that case p'vided to be Leuied by Destresse.
It that no p'son or p'sons whosoquer shall send Forth any Cowes or other Cattell vnto the Cow walke or any p't thereof vnder the hand of any keep' there to Feed vntil the 34 of the 3d mo : 1642 (ex-
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DORCHESTER TOWN RECORDS.
cept the towne please to send Forth the heard) vpo paine of 28 for euery head that shall be so sent Forth ffor the First Trespasse and the 2ª to be agravated by the Discretio of the 7 men for the tyme beinge the penalty to be vnto any Free man that shall impound any Cattell offendinge against the pemisses : to be Leuied by Distresse.
It is ordered that the Freemen of Dorchester From tyme to tyme yearely at the End of 6 months accordinge to a Former order shall Elect and choose their 7 men without delaye : and in case of De- ffault therein it shalbe Lawffull For the 7 men to giue in an accompt of their seruice and to Laye Downe their place.
It. That the Bayliffe for the tyme beinge and so From tyme to tyme hereafter shall make speedy and Faithfull executio of all busnesses comitted to him vpo paine of 10s to be forfeited For euery Trespasse and also shall giue in a Faithfull accompt vpo Demand vpon paine of the foresaid penalty to the vse of the towne.
Whereas there are Diuers that haue Lotts granted them in the 3ª Fresh marsh beyond mr. Stoughtons Farme who now Desire to haue it Laid out ffor them it is ordered that it shalbe Done with what conuenience and expeditio it maie and For that end we ap- point Bro. Holman and bro. Holland to Do it.
9th of the First : 42 Wheareas wee haue hade suffithente expery- ance of the hurte and damedge that hath bine to the hearde by Reason of the greatnes there of and the hurte that is done by steers and oxen to millch Cattle
It is therefore ordered that there shall noe barren Cattle goe with the Cowes for this p'sente yeare excepte it bee younge hefferes which are like to take the Bull : and no other heard nor stray Cattle horse or mares shall goe within the Cow pastor vpon penalty of 28 for euery head so found to be leuied by destresse.
It is ordered that noe Cattle shall goe in or vpon the Comons of Dorchester vntile the 15th day of the 2th mo : next: and that it shall bee lafull for the Baylife or any freemen of the towne to take and Impound any such Cattle founde vpon the Comones before the day aforesaide and the owners to pay for euery heade soe Im- pounded 12ª the one halfe to go to the Impounder and the other halfe to the vse of the towne : this order to begine the 20th of this Instant.
[52.] It is ordered that the Inhabutance of Dorchester shall suffecyently Ringe and youcke there swine at or before the 22th of this Instante : and that noe piges vnder a quorter old shall goe Abroad therefore it shall be lawfull for the Baylefe or any freemen of the towne After the day Afore saide to take and Impound any swine that shall bee founde defectiue heere in vpon the Commons of Dorchester and the owners to pay for euery swine 8ª besides the pound charges the on half to bee for the Impounder the other halfe to the towne to be leuied by destresse. this order of yoacke- inge to bee continued till Indean haruest bee ein.
The order Abought Fenceinge is to Continue as it weare the last yeare those that are chosen to see the execution of it are theies. Bro : Smith
are for the great lottes and Captines necke.
Bro : Hull
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CITY DOCUMENT NO. 9.
Bro : Gibson for the lottes behinde his house.
Bro : Farnworth for the feild behinde his house.
Bro : Bates for the feild behinde his house.
Bro: Backer for the feild by his house.
The Order Abought the necke to Continue in al thinges as it were the last yeare.
The 15th of the first 1642. Agreed by A towne meetinge that Richard Hawes shuld haue one acere of grownde aded to his first deuision in the Cow wolke in consideration of on acore that were giuen him Aboue the bureinge place which hee is not to haue now.
Agreed at the same meetinge that Brother Whight shuld haue one Acore aded to his First deuision in Consideration of on acore that he shuld A hade Aboue the bureinge Place which now he is not to haue.
Agreed by a towne meeteinge Abought the 10th mo 1641 that Thomas Clarke shuld haue eaight acors of ground laide out at the ends of his 8 acore lottes p'rouided that it may bee done with out any damedge to the highway in Consideration of eaight acors of ground formerly giuen to Robart loucke whose Alottmentes he bought : the towne hath Apoynted to lay it out
Thomas Jones ; Christopher gibson : nico : Upshall
Roger Clape
Agreed In A towne meetinge that Thomas Clarke shall haue one acore quarter of ground aded to his first devision in the Cow pas- ter in Consederation of A highway that leyes through his 8 acore lottes which were not Allowed for before.
[53.] The 4th of the 2th 1642. George Proctor is Chosen Balife for this p'sente yeare.
Wheare as there are Diuers cattle that are Vn Rulley not apt to bee pounded neither Can bee driven by on man. It is therfor Ordered that any such Cattle Trancegresseinge Aganst any towne order that The Owneres thereof shall pay the Balife his dutyes Although the Cattle are not Impounded (prouided that the Balife goes and acquantes the Owneres at the time that they Trancegresse) but if the Owneres of the Cattle shall Refuse to pay the baylife : Then it shall be lawfull for him to take one man or more as occa- tion may Requier to helpe him to drive thoes cattle to the pound and the Owners shall pay the fine and all the Charge of thoes men helpeinge of him and this to be loueyed by destrese.
ind That I John Wiswall of Dorchester haue sould vnto Chris- topher Gibson of the same towne 6 acres of medowe beyond na- ponset Lyeinge at the mouth of Mr. Huchinso Creeke beinge the 76 Lot as it is recorded Win. Rockwell Lyinge on the one side and goodman Hatch on the other.
p' me JOHN WISWALL 24 of 3 mo 1642.
Agreemente maide betwine John Pope and Christopher Gibson Aboute the Exchange of land, John Pope is to haue the great lott
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DORCHESTER TOWN RECORDS.
of Christofer Gibson with in the pale Containeing ten acors more or lese : which lyes on the south side of the saide John Pope, with the house wood and timber; except some woode that is Cut out and some wood that lies in the boundes for the feyor. .
And the said Christofer Gibson is to hauc all John Popes pro- priety without the peale excepte Fourty Roodes Aioyneinge to the fence Containeing nineteene Acores and three quarters bee it more or lese which 40 roods hee is to haue for euer; and the parsell of meddow at the est end of Mr. Israell Stoughtons Lott containeing one Acore more or les duering life of Christofer Gibson, the saide John Pope is to haue the old wood that is downe or may be blowne downe Twenty Roodes from the fence and hee is to haue six years to take it Away in and he is to hauc the goeinge of Six swine for six yeares after the 29th Septemb next 1642 : for the afore said land.
Memorand Christopher Gibson hath Exchanged with John Phil- lips the end of his great lott that lyeth without pale that lyeth to John Phillips great lots end that was Hatches for five accres that he hath from John Phillips in the necke of land
the mrke of A JOHN PHILLIPS. CHRISTOF GIBSON.
7th of the 4th 1642. Agreed at A towne meeting that M8 Olleuer shuld Rune A head loyne at the heade of brantree Boundes And then to Run the line vp in to the Countrey ffor the layinge out the new grante : there is Apyonted to goe with him Sergante Ather- ton : Bro : Wickes and Bro : Breake.
Agreed at the same meetinge that in the layinge out of the necke of land they are to begine at the north side of the necke and lay that out First : namely of the north side of the way that is laide out : and when that is laide out ther to begine at the south side of the way and soe forward : that if any land be lefte it may ly at the firthest poynt toward the Castle : and Mr. Olleuer, Bro. Jones and Bro. Wickes are for to giue such Allowance for swampes as they in there wisdome shall think meete and firther it is Agreed that euery lott is to haue an equale p'porssion in the little necke ; namely A little lott as much as A greate, and are to be laide out accordinge to there lott in the great : and are likewise to Begine on the north [side].
[54.] The 28th of the First 1642. Agreed By a Towne Meet- inge that John Phillipes shuld haue one Acore of grounde in the Comones neare his Owne Lotte in Consideration thereof hee is willing to Allow A way of one Roode and halfe Broade throw his lotte from pine necke vp Into the woodes :
The 18th of the 5th mo : 1642. By a towne meeteinge. It is Ordered that all Oregenale lottes In the necke of Land shall haue their Voates Abought planteinge the Necke: & If any haue bought one : two or three more or les : they shall haue soe many Voates as they haue lottes.
Whereas it were formerly Ordered that when the necke of Land Comes to be planted : if they Can not all Agree to plante then
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CITY DOCUMENT NO. 9.
the minor parte shall fence Aganst the maior : It is now Firther Agreed that After the Voate is past if any of the minor will doc as the maior doth they may haue that liborty without mainetayne- inge any p'te of the fence with the minor :
It were this day Voated whether the necke of land shold be planted or Fead : and there were sixty fiue Voates for planteinge and Twenty eaight Voates for Feadinge.
The 23th of the 5th mo : 1642. ordered by the 7 men. .
In Regard it is Very P'beble that many of the bounde stake bee Twixte mens lottes may be put doune by Cattele In the diuissions In the Cowe pasture ; for the Avoyedinge therefore of futer Truble It is ordered that all that haue lottes in the Cowe pasture shall vpon the First Fourth day of the Eaight month by nine of the Clocke in the morneing goe to his lott ; the first deuission First and soe to the seconde and thirde that soe men may together Agree About the makeinege shure the bounde stakes : and all such p'sones that neglecte the Comeinge accordinge to this order shall pay Two shillinges to be leueyed by destres : The one halfe to the vse of The Towne and the other halfe to thoes that doe justly suffer by ther not Comeinge.
It is Ordered that noe Inhabitante of Dorchester shall mowe Any grase In the medowes that are still Comones either salte or ffresh marsh before the Last of the Fith month : neither shall any haue Aboue on mower vpon A day one the Commones : and whosoever shall Offende here In shall pay Fiue shillings for euery dayes moweinge.
Bro. Atherton and Bro. Deyer are Apoynted to lay out on acor of Ground For John Capen which were granted to William Lane In the lew of the Calfes pasture.
Bro : Holland and Bro : Gibson are Apoynted to lay out Two accores of ground at Mr. Hakines necke For Thomas Clarke which were giuen unto Robarte Loke In the Booke :
Bro : Gibson and Tho : Clarke are apoynted to lay out Foure accores of grounde at Mr. Hakines necke ffor Bro : John Holland :
[55.] The thirde of the sixt month 1642 there were Chosen 7 men whose names are heare vnder wrighten : To Order the Affaires of the Plantation and to haue power acordinge to the former Order as was giuen to the 7 men then Beinge :
Mr. John Glouer : Bro : Gibson :
Bro : Bricke :
Bro : Upshall :
Ensigne Holman :
Thomas Clarke
Bro : mr. Bates :
The 18 of the 10 month 1642. Whereas it hath beene obserued diuerse tymes, in our general Towne meetinge, that som Confu- sion and disorder hath happened in the agitation of our publicke matters and plantation affaires, by reason that men haue used thire libertye to p'pound theere matters to the Plantation withont any fore knoledge of the seanen men, and theere matters haue beene so followed that diuerse things have beene spoken of and few matters haue beene issued by reason that new matters haue beene
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