USA > Massachusetts > Bristol County > Taunton > Quarter millinnial celebration of the city of Taunton, Massachusetts, Tuesday and Wednesday, June 4 and 5, 1889 > Part 23
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In March, 1682, therefore the entry of Mr. Shove's interest was made on the deed, as appears in the endorsement thereon before stated.
Mr. Blake's article then proceeds to say :
"As signs of settlement in the purchased territory appeared, the Punkoapags of Massachusetts raised a claim of ownership through Charles Josias, a son of Wamputuck and grandson of Chickatabut, who lived at Neponset, now Stoughton. It shows the honest purpose of the proprietors that they voted Feb. 24, 1686, " To levy and to rais sixteen pence in money en each share in said purchase to pay Josiah, the Indian Sachem for a deed they have procured of him, and it is to be paid in to Thomas Leonard by the 16 day of March next." This assessment amounted to 3 pounds, 19s, 6d."
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This additional deed from Josiah, in 1686 seems to have originated in this way-There being dispute between Taunton on the one side, and Bridgewater and Middleborough on the other as to the true eastern line of Taunton, the agents of those towns had agreed upon a line between them which the Indians claimed included a strip of land not within the original purchase of Taunton, and which was a part of the Titicut lands still belonging to them, therefore the sum above mentioned was raised to extinguish the right to this strip, and they gave a quitclaim deed of which the following is a copy:
"To all Christian People to whom these presents shall come, Josiah, otherwise called Charles, an Indian Sachem living at Mattakesett in ye Collony of New Plymouth & son of Josiah, deceased who was an Indian Sachem, and Peter & David Hunter (both Indians of Titticut, an Indian Plantation in New Plimouth Collony) send greeting, &c.
Know yee, that whereas it doth appeare to ye said Josiah & Peter & David, both by Indian & English testimonyes that Mrs. Elizabeth Poole formerly of Taunton in ye Government of New Plimouth aforesaid did, for and in behalf of the said Town of Taunton purchase ye lands of Titti- cutt in ye year one thousand six hundred thirty & seven, and that ye right owners of the said lands did then make sale thereof to ye said Mrs. Elizabeth Poole as abovesaid & received pay of her for itt, and those In- dians or Indian Sachems that formerly were ye right owners of those lands at said Titticutt being those that were ye Predecessors of ye said Josiah, alias Charles & Peter & David,
Know yee therefore, that ye said Josiah, alias Charles & ye said Peter and ye said David, doe, by these presents so farr owne, acknowl- edge, rattifye & confirme ye abovesaid sale of those lands for ye Towne of Taunton aforesaid, that they so by these presents on ye aforesaid con- siderations give, grant, make over, sell, confirme and deliver unto Thomas Leonard, John Richmond, William Witherell & John Hathaway (all of Taunton abovesaid & agents for ye said Towne) for ye only use, benefitt, profitt & behoofe of ye proprietated inhabitants of said Taunton & such proprietors as are not inhabitants and to their heires & assignes forever, so much of ye lands of all sortes, formerly called Titticutt lands, as are & do lye within the Township of said Taunton by vertue of Agreements made between ye agents of said Taunton & the Agents of Bridgewater on ye Northwesterdly side of Titticutt River and between ye Agents of said Taunton & ye Agents of Middlebury on ye Southeasterdly side of said River. And by these presents ye said Josiah alias Charles & Peter & David being by ye abovesaid testimonyes convinced that their predecessors did sell ye above-said lands to ye Proprietors of Taunton & received a valluable summe as full content and payment for ye said lands
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doe by these presents covenant and promise to & with ye said Thomas Leonard, John Richmond, William Witherell & John Hathaway (the agents of ye said Taunton,) that it shall be lawful and free forevere here- after for ye said Thomas Leonard, John Richmond, William Witherell, and John Hathaway, & ye rest of ye Proprietors of said Taunton & their heires & assignes to have & to hold ye said Lands so much as falls & lyeth within ye Township of said Taunton as abovesaid by vertue of ye abovesaid Agreements as by record doth or may appear with all ye rights, priviledges and appurtenances within and upon ye said lands bounded as above-said. And ye said Josiah alias Charles & David & Peter doe by these presents freely, fully, absolutely & clearly promise, coveneant & grant to & with ye said Thomas Leonard, John Richmond, William Witlı- erell & John Hatheway that it shall be free and lawfull for them and ye rest of the Proprietors of said Taunton & their heires & assignes forever hereafter, to have, hold occupy and peaceably to enjoy ye aforesaid lands & premises (that are & lye within ye said Township of Taunton as afore- said) without any trouble, molestation or suites in Law or any incum- brance that may arise by, from or under them, ye said Josialı alias Charles & Peter & David or any or either of them or any or either of their heirs, executors, administs. or assigns forever, or any other person that may lay any lawfull claims thereunto or of any part or parcel there- of forever.
And moreover the said Josiah alias Charles and Peter & David doe hereby give ye said Thomas Leonard & John Richmond & William With- erell & John Hathaway free liberty & power in any of his Majestyes Courts of Record.
And to these premises the said Josiah alias Charles & Peter & David have sett their hands & seals the twentyeth day of July in ye yeare of our Lord God, one thousand six hundred eighty & six, 1686. The words in ye yeare one thousand six hundred & thirty seven between ye fifth & sixth lines, were before the signing, sealing and delivering of these presents.
The marke of Josialı [Sigillum]
The marke of P Peter [Sigillum]
The marke of D David [Sigillum]
Hunter. Signed, Sealed & delivered in ye presence of Joseph Crosman, Benjamin Leonard, The marke of i John Cobb jun.,
Foelix indian f ce his marke,
Jabez H Hackitt, his marke.
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Memorandum, the within written Josiah & David & Peter, did at ye sealing of these presents reserve and except that land called Charles his feild on ye westward side of Titticutt River, that is that which Charles & Obedialı have now within fence, they allso excpt. and reserved any land in ye within Taunton Bounds on ye Eastward of Trout brooke where it comes into ye great River.
Witness Joseph Crosman, Benjamin Leonard, John Cobb, junior, j his marke, Jabez Hackitt, H his marke on ye twentyeth day of July 1686 ye within written witnesses, viz: Joseph Crosman, Benjamin Leonard, John Cobb, Junr., and Jabez Hackitt, tooke oath that they saw ye within written Josiah & Peter & David signe, seale & deliver this within instru- ment as their Act & deed before me,
THOMAS LEONARD, Associate.
Recorded primo December, 1686 pr. STEPHEN BURTON, Recorder.
This Josiah, the first signer of the above deed, was a great grandson of Chickatabut, and probably owned no more lands in this vicinity, and no more right in the original Taunton purchase than his ancestor had. But there is good reason to believe that the domain of Chickatabut did not include any of the Taunton lands, and extended only from "Nishamagoguanett, near Duxbury mill, to Teghacut, near Taunton." See the affirmation of five In- dians, made the "Ist of 4th month, 1650," and recorded in 2 Ply. Col. Rec. p. 157, from which the above language is quoted.
The regard of our ancestors for the Indian title to lands which they desired to obtain from the General Court, however vague and indefinite that title may have been, is well illustrated by a letter of Gov. Winslow, dated May 1, 1676, in which he writes :
"I think I can clearly say that before these present troubles broke out, the English did not possess one foot of ground in this Colony but what was fairly obtained by honest purchases of the Indian proprietors. We first made a law that none should buy or receive by gift any land of the Indians without knowledge of the Court." (See Thacher's History of Plymouth p. 138; also Ply. Col. Rec. Vol. XI. p. 41, 129, 183, 185.)
In 1689, Major William Bradford set up a claim or interest in all the territory about here, and on July 9th, 1689 made a deed to the purchasers of the North Purchase; the original of which now hangs on the walls of the Old Colony Historical Society, in Taun- ton, a copy of which with the original spelling is as follows :
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To all unto whom these presints shall come, Greeting; whereas the Honourable the Council Established at Plymouth in the County of Devon for the Planting, Ruleing, Ordering and Gouerning of New England, in America, By vertue and Authority of letters Patents, under the Great Seale of England, from our Late Soveraigne Lord King James the first, bearing Date at westminster in the eighteenth year of his said Majesties Reigne of England & I. for and in consideration that william Bradford Esq. and his Asotiats had at their owne proper cost and charges Planted and Inhabited a towne called by the name of New Plimouth in New Eng- land aforesaid, And for their better encouragmet, to proceed in soe pious a work (illegible) tending to the propogation of Religion and the great incouragment of Trade to his Majesties Realmes and advanc- ment to the Publick, Plantation, the said Council by their Patent or grant, under their common Seale Signed, by the Right Honourable Robert Earle of warwick, President of said Council, bearing Date, the thirteenth day of Jannary in the fifth year of the Reigne of our Late Sonvereigne Lord King Charles the first, Annoq Dom 1629 did give grant infeoffe assigne and confirme unto the said william Bradford his heirs Asotiates and as- signes for ever, all that part of New England in America aforesaid, and Tract, or tracts of Land that lye within or betwene a certaine rivolet or Rundlett there comonly caled Chasset alias Conihasset towards the North, and the River commonly called Narraganset River towards the South, and the great westerne Ocean towards the East, and between and within a straight line Directly extending up into the maine Land towards the west from the mouth of the said River, called Narraganset River, to the utmost limits or Bounds of a country or place in New England commonly called Pokanocket alias Sowamset westward, and another like straight line extending itselfe, directly from the mouth of the said River, Cohasset alias Conihasset towards the west, So far up into the maine Land west- ward as the utmost limits of the said place or Country comonly called Pokanocut alias Sawomset Do extend &ac And all lands, Rivers, waters Havens &c Sittuate lying and being, or arising within or betwene the said limits and bounds or any of them, And thereof was put into peace- able and quiet Possession as in and (by) the said grant and Indorsment thereon Referente thereto being had will more fully and at large appeare; and whereas the said william Bradford with the advice of his asotiats, in the yeare of our Lord God one thousand six hundred and fourety did grant unto, Miss Elizabeth Poole and mr Nicholas Street and to such others as they should Assotiat to themselves, a tract of Land for a Plan- tation or Township, formerly called by natives Cohannet upwards of fouerty yeares seme settled and Planted, Now called and knowne by the name of Taunton, Lying in the County of Bristol in New England afore- said [And whereas alsoe the proprietors of said Town of Taunton have seme obtained divers inlargments and additions from the Ginirall Court
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at Plimouth [:the members whereof where the Assotiats of my said Hon- oured father] and from their neighbouring Townes, by agreements with them, with the alowance of said Assotiats, as appears by records, Al which being percalls of the lands contained within the Limits and Bound- erys exspresed in the afore resighted Patent or grant from the Councell Established at Plimouth in the County of Devon, [for the Plantin Ruel- ing ordering and Gouering of New England in America] and to the said william Bradford his heirs asotiats and asignes] together with power duly to dispose of said lands for the ends aforesaid to such as should be admitted inhabitants and proprietors with them in said Towne of Taun- ton, and such other priviledges and imunities as are usialy granted to the inhabitants and proprietors of other Townes, within this his Majes- ties most anciant Collony of New Plimouth in New England aforesaid, for the more perpctluer making and better confirmation whereof, Now know yee that I william Bradford of New Plimouth in the County of Pli- mouth in the Colony of New Plimouth in New England aforesaid, Son and heire of the above named william Bradford Esqr: Deceased, as well in performance of the true intente and meaning of the said william Brad- ford my father in and by the said grant, and for the ends above men- tioned, and for Divers other good causes and considerations, we at this time especially moveing, have granted. remised. realeased. and for ever quitt claimed, and by these presints for me and my heirs, doe grant, re- mise. release and for ever quitt claim unto: mr John Poole, mr Samuell Danforth, Richard williams, walter Deane, Garge Macey, Hezekiah Hoar, william Harvey, Henry Andrews, John Deane, Giles Gilbert, James Walker Senior, Shadrach wilbore, Phillip King & Josepli wilbore, Jolın Cob, John Hall Petter Pitts, Samuell williams, Nathaniell will- iams, Joseph williams, Samuell Hall the son of Samuell Hall Deceased, Joseph Hall, Edward Rews Exexitrixe, Isack Negus, Increase Robinson, Thomas Farwell, Thomas Caswell Senior, James Leonard Junior, John Smith Senior, James Philips, John Richmond, william Paull, Jonah Austin, william withrell Senior, william withrell Jun: John withrell, Robert Crosman Jun: John Briant, Richard Stephens, Mary Street, Joseph willis, Eliazer Gilbert, Thomas Gilbert, Malachi Holloway, John Smith Jun: Samuell Smith, James Burt, the Asignes of Richard Burt Deceased, James Tisdill, John Tisdill, Joseph Tisdill, James Walker Jun; Petter walker, Thomas Harvey Jun: John Crosman, Samuell Thrasher, John Hathway, Isack Deane, Joseph Leonard, John wood- ward, John Macomber Jun: Joseph Staple, Samuell Deane, Samuell Stasie, John Hodges, the sons of Aron Knap Deceased, Heniry Hodges, Richard Godfree Sen: Thomas Lincon Sen: John Lincon, Samuell Lin- con, George Watsons Asignes, Robert Crosman Sen: Robert Thornton, James Leonard Sen: John Turner, Thomas Leonard, Edward Bobit, Elckanah Bobit, Samuell Holloway, Jonathan Brigs, Nicholas White
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Sen: mr George Shoves Asignes, George Gooding & John Edy | who are such proprietors who in said Taunton are called and owned purchasers of the old Township, some haveing two or three purchase rights, some one purchase right, and some but halfe a purchase right, and some less: [and unto] Richard williams, walter Deane, George Macey, James Walk- er, Joseph wilbore, william Harvey, Thomas Leonard, John Turner, Heniry Andrews, John Cob, George Hall, John Hall, Samuell Hall, James Leonard Sen: Nathaniell williams, Thomas williams, Nicholas whit Sen, Nicholas whit Jun: Hezakiah Hoar, Allice Deane, Israel Deane, Robert Crosman, Shadrach wilbore, Thomas Caswell, John Ma- comber, John Smith, Edward Rew, John Parker, Samuell Paul, Thomas Lincon Sen: Thomas Harvey the elder, Nathaniell Thayer, Thomas Lin- con Jun : Petter Pitts, Jonah Austin Sen: John Richmond, Samuell wil- liams, Christopher Thrasher, mrs Jane Gilbert, George watson, Samuell Smith, James Burt, Richard Burt, John Tisdil Sen; John Tisdil Jun: James Philips, Edward Bobit, John Hathway, Jonathan Brigs, Increase Robinson, John Briant, Thomas Harvey Jun & mr George Shove |Some of the above said properietors in the said Towne of Tanton and all pro- perietors in the tract of land, called the North purchase, which shall hereafter be exspresed in this Instrument, and as appears by Deed from the Colonys Agents, the Associats of my said Hounoured Father, Dated June the six one thousand six hundred sixty eight, upon record, and unto] James walker, John Richmond, william Brenton Esqe:, List: George Macey, Richard williams, walter Deane, william Harvey, mr George Shove, Heniry Andrews, Giles Gilbert, Hezekiah Hoar, John Hall, John Macomber Sen: James Philips, Jolm Hathway, John Deane, Joseph wilbore, Aron Knap, Petter Pitts, Thomas Gilbert, Richard Burt, John Tisdil Sen: Cristipher Thrasher, John Poole, Edward Bobit, Ed- ward Rew, Thomas Caswell, william withrell, Heniry Andrews Jun: Samuell Pitts, Samuell williams, Nicholas whit Sen : Samuell Hall, James Leonard Senior Thomas Leonard, Nathaniel williams, Robert Thornton, Thomas Deane, Joseph williams, John Tisdill Jun: James Tisdill, Israel Deane, Jonathan Brigs, Thomas Lincon Sen: Thomas Lincon Jun: Jolm Turner, Frances Smith, James Burt, Jonah Austin Sen; George watson, Richard Stasie, John Hodges, Shadrach wilbore, John Smith Sen: Thomas Harvey Sen : Samuell Smith, Robert Crosman Sen : william Paul, Samuell Holloway, Malachi Holloway, Ester Golup, Joseph Hall, Mary Street, Nathaniel Thayer, Increase Robinson, Thomas Harvey Jun: Isack Deane, Ezra Deane, James walker Jun: Petter walker, Israell Thrasher, Samuell Macey, Nicholas whit Jun; Jarit Talbut, James Leon- ard Jun, John Lincon, Richard Stephens, Thomas williams, william withirell, Jun: Richard Brigs, John Smith Jun, Thomas Amsbery, John Macomber Jun & Joseph willis [who are proprietors of the Tract of land, called the South Purchas, mentioned alsoe in this Instrument, as
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appears by Deeds and Court records [and unto] the Asignes of mr George Shove, James walker Sen: James Tisdill, walter Deanc, william Harvey, Richard williams, and william Paul [who are the properietors of Asonet neck, mentioned alsoe in this Instrument as appers by their Deeds Re- spectinly which they received of mr Constant Southworth, the Collonies Tresurer which deeds are recorded in the Court records] And to their heirs and asignes forever in the behalfe, and to the use of themselves and others the allowed inhabitants and properietors of said Towne of Taunton, in their and every of their, full and peaceable possession, and Seisen, now being acording to their and every of their comon and geni- rall and Respective Interest and to their and every of their heirs and asignes for ever, in all such estate right.title interest possession and de- mand what soever, which I the said william Bradford, had now have or ought to have of in or to all, or singular the messuages lands Teniments growndes: soiles, matters, rivers, Havens, creeks, ports, fishings, herid- itaments, Royaltyes, minerals, projects priviledges and Comodities what- soever, Scituate Lying and being. arising. hapning or acrueing, or which shall arise. happen. or acrne, in or within the limits and boundes of said Township of Taunton, and alsoe within that Tract of land. comonly called and knowne in said Taunton by the name of the north Purchas, both said, Towneship, and said north Purchas as they, have both been, anciantly stated and set forth, and are discribed, and bounded as follow- eth (the Township Takin in all Asonet neck which belongs to some particular men as it above exspresed, Takin in alsoe all the meadow lands, there upon and about it, and on the other side of Asonit baye, and from the northerly end of said neck, to run fouer miles East and by South by Free Towne Lyine, to a forked tree standing close by Asonit River, with stones laying about it, and from said tree, to run north and by East to a black oake marked with the letter M: on the Southerly side and the letter T on the northier side, by the patlı side, leadin from Asonit to Middleberey, and from said oake, to run by the path to Baiting Brook soe called, to a great marked white oake, by the brooke and from said white oake to run Northerly on a line, Betwene Taunton and Middle- bery, and soe running along by some Indians lands at Titicut, and soe to Taunton Great River at Titicut and over said River upon a line agreed on, betwene Taunton and Bredgwater Agents, To a heap of stones on Rockie plaine [soe called] on the north westward side of the Rhode that leads from Taunton to Bredgwater, and from said heap of stones, upon a line, to the Southerly end of Nuncketetest pond to a great white oake tree, and from thence North weest to a great stake with a leap of stones about it, and from said stake on a north line, until it meete with an East and by South Line, which runs Betwene said Towneship of Taun- ton, and the above said North Purchas, [and from the Southermost point of Asonit neck, to run over Taunton Great River west and by North, to
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the mouth of a Cove called Broad Cove, and soe Running along by the Lower side of said Cove, as to take in all the meaddowes, unto a heape of stones near the head of said Cove, and from thence to run weest and by North fouer miles, and from the end of said fouer miles to run thence north and by East, untill it extends as fare as to the end, of the fouer miles, that did run from the Two marked trees, near the three mile River, which was the first line of the Township first grant [so taking in the tract of Land called, the South Purchas which three mile River, and then the three mile River, is the boundes, betwene the old Township. and the South Purchace, until it come to the Great River, which is the bounds alsoe, of said South Purchase downe to Broad Cove as above said, as appeares by Deeds, and Court Records as above said] and from the Exstent of the last mentioned fouer miles, the old towne line, to Run eight miles; North and by weest, and from the end of the said eight miles to run upon an East and by South line, untill it meet with the afore said bounds, between Taunton and Bredgwater, and the aforesaid north Purchase, And the bounds of the said North Purchase are as Fol- loweth. Begining on the North and by weest, at the bounds of the Lands belonging to the Towne of Rehoboth, and to be bounded on the' North- erly side by the Masachaset Line untill it come to beare with the westerne bounds of the Towne of Bredgwater, and soe from the Masa- chuset line, to the boundes of Taunton Towne Ship, and thence by a weesterly line, untill it meet with the the bounds of Rehoboth above said, and soe to follow the said bounds of Rehoboth, untill it cometh to the bounds, first mentioned upon the Masachuset line, the proprietie of of which said North Purchase belongeth only to some of the men, whose names are above named, as appeares by Deed as above said, Soe that is to say, that I the said william Bradford nor my heirs from hence forth shall or may have or Claime any right title estate interest or demand of in or to the said Premises, or any part of them, but thereof shall for ever here after be barred and exscluded by these presents, know yee further alsoe, that I the said william Bradford for the ends and Consid- erations aforesaid have approved, and by these presents, doe for me and my heirs, soe much as in me lieth Ratifie and confirme, unto the said, mr John Poole, mr Samuell Danforth, Richard williams, James walker Senor, william Paull. and Jolin Tisdill, and to all the rest above named, and to other the allowed Inhabitants of said Towne of Taunton, and to the proprietors of the North Purchase aforesaid to their, and every of their full and peaceable possession and Seisen, and according to their and every of their respective Intrest in each tract of land, and to their and every of their heirs and Asignes for ever, all and Singular, the afore said lands, and other the premises, and their and every of their, apper- tinances within the said boundes and limits, according to their, and every and each of their, comon or perticular, severall and Respective in-
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trest in the said Premises, or any part or percall thereof, To HAVE AND TO HOLD to the said mr John Poole. mr Samuell Danforth. Richard wil- liams. James walker Sen: william Paull and James Tisdil, and to all the rest above named, according to their, and every of their respective in- trest in each Tract of land as above specified, and their and each, and every of their heirs and asignes forever, in the behalfe, and to the use of themselves and others the allowed Inhabitants, and proprietors of said Towneship of Taunton, and the proprietors, of said North Purchase, and to their, and to each and every and each of their, heirs and asignes for ever, in manner and forme following, that is to say: to hold in comon all such lands, within the bounds and limits aforesaid respectively, to the proprietors of each tract of Land Respectively, as yet doth lye in Comon, and undivided or wast lands, or for herbage, feed for catill fire wood and Timber or such like comon use, together with such Comon priviledges and Comodities belonging thereunto, and every part thereof shall and may from time to time, and at all times be ordered given grant- ed disposed and assigned as the Major Part of the proprietors of each tract of land in comunitie Respectively shall soe meet and conveniant, as formerly have bene accustomed. and to hold in Severally, and not jointly, to each one and every of them, all and every such messuages, Teniments and lands, as each or any of them are severaly and perticu- larly possessed of by vertue of any grant from the said william Bradford my Father or his Associats, or from the Comitee Impowered to dispose of said lands, or from the proprietors of said Towne, or obtained by gift or purchase from any to whom any such grant, hath beene heretofore made, and to each and every their heirs and asignes for ever, and to the only proper use and behoofe of them, and each and every of their heirs and asignes, Respectively forever, To be holden by his Majesties as of his mannor of East Greenwich in the County of Lent in the Realme of England in the free and comon Socakage and not in Capite nor Knight, servaire, yeilding and paying to our Sovereigne Lord the King his heirs and asignes for ever, on fifth part of the Oare of the mines of Gold and silver, and one other fifth part thereof to the said President and Council. which shall be liad, possessed and obtained, within the Limits aforesaid, for all services and demands whatsoever, as is expressed, in said Leters Patents, or grants of the said Council Hn & I the said william Bradford, and my heires all and Singular the said Premises with the appertinances, unto the afore said, mr John Poole mr Samuell Danforth Richard wil- liams, James walker Sen: william Paull and James Tisdil, and to all the rest above named, as is above mentioned, their and every of their heires and asignes Respectively, against me the said william Bradford and my heirs, will forever hereafter, warrand and defend, by these Presents.
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