USA > Massachusetts > Worcester County > Records of the Court of General Sessions of the Peace for the County of Worcester, Massachusetts, from 1731 to 1737 > Part 9
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Joseph Wilder Esqr
William Ward Esqr
& Quorum
William Jenison Esqr
John Chandler J' Esqr Nahum Ward Esqr Samuel Willard Esqr John Keyes Esqr Justices of the Peace
Grandjury
M' Jonathan Houghton foreman
M' Joseph Crosby M' Wm Green Cap® Dan1 Taylor
M' John Haines M' John Stockwell M' William Jones
M' Isaac Learned M' Gershom Keith M' Caleb Sawyer
M' Eliphalett Carpenter Capt John Fay Mr James Heaton
M' Thomas Hapgood Each attd three days & M' Wilds attend ym
David Young of Worcester within ye County of Worcester hus- bandman being presented by ye Grandjurors for ye County aforesd
18
I38
Court of General Sessions.
NOVEMBER TERM,
YOUNG D JURY for his Unecessaryly Travelling at Rutland and Worcester in ye County aforesaid on the last Mr Thos: Pratt Will: Nicolls Epm : Wilder Jr Maturin Allard Simeon Maynard John Gibbs Caleb Barton Jon Hobs Jno Sanderson Simon Davis Wm Brown Lords Day before the presentment, as ye presentment appears was bound by way of Recognizance To appear at the Court of Gen- erall Sessions of the Peace held on the Second Tuesday of August last past, at which Court Said Recognizance was Continued to this Court and now the Said David Young appeared and Timo: Carter pleaded not Guilty upon which plea ye Case after a full hearing was Comitted to the Jury who were Sworn ac- cording To Law to Try ye Same and Returned their Verdict there- in upon Oath as follows vizt that the Said David Young is Guilty, Its therefore Considered by the Court That the Said David Young Pay as a fine to the Selectmen or overseers of the Town of Rut- land for ye Use of the Poor of the Said Town thirty Shillings, that he pay Costs & Fees, Taxed at Six pound four Shilling and Stand Comitted till Sentence is performed which he Refuseing to pay was Comitted according
The Selectmen of Worcester presented a warrant directed to one of their Constables To warn John Partrick his wife and family to depart their Town and it being duly served, its accordingly ap- proved of by ye Court
The Court now order that a Tax or assessment amounting unto the Sum of one hundred and fifty Seven pound Eight Shillings & nine pence be raised on the Severall Towns within this County for defraying the usuall necessary Charges ariseing within the Same and that the Clark forthwith Send out Warrants directed to the Select- men or assessors of the Respective Towns within ye County for assessing their Severall Parts & proportions according to the Rules for assessing the last province Tax and for paying in ye Same to Capt Benjamin Flagg County Treasurer or To his Successors at or before the last day of may next.
1735.3 Worcester County, Massachusetts. 139
The Severall Towns Proportion thereof is as follows vizt
Worcester Eleven pound Seven Shillings & Eight pence II 7 8
Lancaster Twenty Six pound three Shillings & four pence
26 3 4
Mendon fifteen pound fourteen Shillings
15 14
Woodstock Sixteen pound 16
Brookfield Thirteen pound Ten Shillings & Eight pence 13 10 8
Southboro' Eight pound thirteen Shillings 8 13
Westborough Nine pound one Shilling
9 I
Leicester Six pound nineteen Shillings & Eight pence
6 19 S
Shrewsbury Seven pound Seven Shilling
7 7
Sutton Eleven pound five Shilling
II
5
Oxford Seven pound Two Shillings
7
2
Uxbridge Six pound & four pence
6 0 4
Rutland three pound Eighteen Shillings
3 18
Lunenburg three pound Eighteen Shillings
3 IS
Harvard Seven pound three Shillings & one peny
7 3 I
Upton Three pound Six Shillings 3 60
Sum Total 157 89
Warrants were Issued out Nov' : IIth 1735
att8 Jnº. Chandler J' Cl
An acco' of Daniel Gookin Esqr Sheriff of ye County amounting unto Seventeen pound thirteen Shillings & four pence Read and ordered That the Sum of Seventeen pound thirteen Shillings & four pence be paid out of the County Treasury in full discharge there- of to the Said M' Sheriff Gookin in full Discharge thereof
An accot of John Chandler J' Esq amounting unto Seven pound Sixteen Shillings Read and allowed and order'd that the Said Sum of Seven pound Sixteen Shillings be paid out of the County Treasury to the Said accomptant in full discharge thereof .- This aco' is withdrawn after it pas'd
Betty Houghton being bound by way of Recognizance To ap- pear at this Court To answer To the Crime of fornication, Did not
140
Court of General Sessions. § NOVEMBER TERM,
appear but forfieted her bond which was Ten pound which was paid in Court
Allexander MeClure's Recognizance Discharged paying Cost of Court weh was pd
John MeJerald's Recognizance Discharged pay Cost. pª
Robert Hunters Sam11 Dunkins & Robert Allens Recognizance discharged
Mary Barbers recognizance at her husbands request Continued to february she not being well
Nathaniel Sawyer of Lancaster In the County of Worcester hus- bandman and Mary his wife being bound by way of Recognizance to appear at this Court to answer to the Crime of Fornication ap- peared & Confess'd the same were fin'd Each thirty Shilling & Costs weh they paid & were dismissed
Simon Stone of Shrewsbury Husbandman & Easter his wife and his Son Daniel Stone al being presented by ye Grand Jury for Unecessaryly absenting themselves from the Publick Worship of God &ct appeared & gave their Reasons and were Excused paying Costs which were paid
Experience Bartlett of Brookfield Spinster being bound to ap- pear at this Court To answer for the Crime of Fornication appear- ed & Confessed the fact but not being delivered Her bonds were Continued To the next Term
Joseph Doolittle of Kingstown in the County of Hampshire now Resident in Brookfield in ye County of Worcester husbandman
141
1735-5 Worcester County, Massachusetts.
being bound by way of Recognizance To appear at this Court To answer To a Complaint made agst him by Experience Bartlett of of Said Brookfield Spinster for his begitting her with Child by for- nication and she not bein yet delivered The Court order That he Renew his Bonds Namely him Self in the Sum of one hundred pound & Two Suretys in fifty pound Each for his appearing at the next Term and abideing ye Order of Court & not to depart with- out lycence.
Thomas Mackintire of Rutland In the County of Worcester hus- bandman being presented by ye Grandjurors for Said County for yt on ye 25th day of Augst 1734 being Sabath day he did wilfully and unecessaryly presume to Travell from Rutland aforesaid To Worcester in ye County of Worcester aforesaid being the Space of Twelve miles as ? the presentment appears The said Thomas McKintire was brot before ye Court and Confess'd he Did Travell as Set forth in ye presentment but Said it was not Unecessary Travell ; and being fully heard thereon The Court Judge the Said Thomas M"Kintire is Guilty of Unecessary Travell as set forth in ye presentm' : and therefore Sentence ye Said Thomas MeKintire to pay a fine of thirty Shillings to the Selectmen or overseers of ye Poor of the Town of Worces for the use of ye Poor of Said Town That he pay Cost & fees Taxed at four pound Eleven Shillings & Stand Comitted Till Sentence is performed .- and he Refuseing to pay the Same was Comitted accordingly
Nov. 12 : 1735 he paid ye fine & Costs & was accordingly Dis- charged
John Slarah of Rutland in the County of Worcester husbandman being presented by the Grandjurors for said County for that on ye 25th day of August 1734 being Sabath day he did wilfully and un- necessaryly presume to Travell from Rutland aforesaid to Worces- ter In ye County of Worcester aforesd being the Space of Twelve miles &ct as ? ye presentment appears The Said John Slarrah was brought before the Court and Confess'd he did Travell as set
.
142
Court of General Sessions.
S NOVEMBER TERM,
forth In the presentment but said it was not unecessary Travell and fully heard thereon The Court Judge the said John Slarrah is Guilty of unecessary Travell as set forth In ye present and therefore order that the said John Slarrah pay a fine of thirty Shillings to the Se- lectmen or overseers of the poor of the Town of Worcester for the use of the Poor of Said Town that he pay Cost & fees Taxed at four pound Sixteen Shillings and Stand Comitted till Sentence is performed and he refuseing to pay ye Same was Comitted accord- ingly
Nov' 12 1735 he paid ye fine & Costs & was Discharged
Andrew MCClain of Rutland In ye County of Worcester hus- bandman being present by the Grand Jurors for said County for that on the 25th day of august 1735 being Sabath day he did wil- fully and Unecessaryly Travell from Rutland aforesaid To Worces- ter In ye County of Worcester aforesaid being the Space of Twelve miles &ct as ? ye presentment appears The said Andrew MCClain came into Court and Confess'd he did Travell as set forth in the presentment but said it was not Unecessary Travell and being fully heard thereon The Court Judge The Said Andrew MCClain is Guilty of Unecessary Travell as Set forth in the presentm' and therefore Sentence the Said Andrew MCClain [to] pay a fine of thirty Shill- ings To the Selectmen or overseers of ye Poor of ye Town of Wor- cester for ye Use of Said Poor that he pay Cost & Fees Taxed at Three pound Eleven Shillings and Stand Comitted till Sentence is performed, and he Refusing to pay ye Same was accordingly Com- itted, Novr. 12 : 1735 he pd ye Same & was discharged
Thomas Ward of Westborough In ye County of Worcester hus- bandman being bound by way of Recognizance with Suretys To appear at this Court To answer To his presentment by the Grand Jurors for his willfully & Unnecessaryly neglecting to attend the Publick worship of God on Lords days for more than one month last past before ye presentment as P ye presentment appears, appeared in Court and pleaded not Guilty, The Case after a full
143
1735.3 Worcester County, Massachusetts.
D Ris. T. WAARD JURY
hearing was Comitted to ye Jury who were Sworn according to law to Trye ye Same & Re- Tho: Pratt Mr Win Nicolls Epm Wilder Jr Maturin Allard Simeon Maynard turn'd there Verdict therein upon [oath] as follows viz' that the Said Thomas Ward is Guilty Its therefore Considered by ye Court That the Caleb Barton Jno Gibbs Jona Hobs Jno Sanderson Simon Davis W'in Brown Said Thomas Ward pay a fine of Twenty Shill- ings To the Selectmen or overseers of ye Poor of ye Town of Westborough for ye use of the poor of said Town That he pay Costs & Fees Tim : Carter Taxed at Two pound Two Shillings & four pence and Stand Comitted Till Sentence be performed, From which Sentence ye Said Thomas Ward appealed To the next Court of assize and Generall Goal Delivery to be holden at Worcester within and for the County of Worcester In September next and Entered into Recognizance with Suretys according To law for prosecuting his appeal with Effect &ct vizt Thomas Ward of West- borough Husbandman Benjamin Flagg J' of Worcester Gent & John Harwood of Uxbridge Joyner all in the County of Worcester appeared before ye Court and acknowledged themselves bound by way of Recognizance viz The Said Thomas Ward as principall in Twenty pound and the Said Benjamin Flagg J' & John Harwood as Suretys in Ten pound Each To our Sovereign Lord the King his heirs or Successors to be Leveyed on their Goods or Chattells lands or Tenaments for ye Use of our Said Lord ye King &c Con- dlitioned That if the Said Thomas Ward Shall personally appear at Said Court of assize and Gen" Goal Delivery and Shall prosecute Said appeal with Effect and Shall do and perform what Shall by Said Court be Injoyn'd him & not depart without Lycence & in the mean time be of the good behaviour then said Recognizance To be void Else To abide in full force and Virtue-Sep' 6. 1736 M' Tho : Ward paid the fine & Cost att8 Jnº Chandler J' Cl
Thomas Ward of Westborough In ye County of Worcester hus- bandman being bound by way of Recognizance with Suretys to ap- pear at this Court To answer to his presentment by the Grand Jurors in nov 1734 for his wilfully & Unnecessaryly neglecting to
144
Court of General Sessions.
S NOVEMBER TERM,
DOM REX VS TH WARD attend the Publick Worship of God on Lords days for more than one month last past before Same Jury as : 1st : case ye presentment as ? ye Same appears appeared in Court and pleaded not Guilty, The Case after a full hearing was Comitted to the Jury who were Sworn ac- cording to law to Trye ye Same and Returned there Verdict there in upon [oath] as follows viz That the said Thomas Ward is Guilty Its therefore Considered by the Court That the Said Thomas Ward pay a fine of Twenty Shillings to the Selectmen or overseers of ye Poor of the Town of Westborough for the use of the Poor of Said Town that he pay Cost & Fees Taxed at Two pound Two Shillings & four pence and Stand Comitted Till Sentence be performed
From which Sentence The said Thos Ward appealed To the next Court of assize and Generall Goal Deliv- ery to be holden at Worcester in and for the County of Worcester in September next and entered into Recognizance with Suretys ac- cording to law for prosecuting his appeal with Effect &ct as follows viz' The said Thomas Ward as principall In the Sum of Twenty pound and Benjamin Flagg J' of Worcester Gent and John Har- wood of Uxbridge Joyner both in the County of Worcester as Suretys in Ten pounds Each personally appearing before the Court and acknowledged themselves bound by way of Recognizance In ye aforesaid Sums Respectively to our Sovereign Lord the King his heirs or Successors To be Leveyed upon their Goods or Chat- tells lands or Tenemts for the Use of our Said Lord ye King &ct Conditioned that If the Said Thomas Ward Shall personally appear at Said Court of Assize and Generall Goal Delivery and Shall pros- ecute Said appeal with Effect and Shall doe and perform what by Said Court Shall be Injoyned him and not Depart without Lycence and in the mean time be of ye Good behaviour Then said Recog- nizance to be void Else to abide In full force & virtue
Sepr 6. 1736 M' Tho Ward paid ye fine & Cost
att8 Jnº Chandler J' Cl
WORCESTER SS Anno Ri R$ Georgij Secundi nunc Magna Britainic Francia et Hibernia Nono
At a Court of Generall Sessions of the Peace be- gun and Held at Worcester in and for the County of Worcester on the first Tuesday of Febry being the third day of Said Month anno Dom 1735-6
JUSTICES PRESENT
John Chandler
Sam11 Wright Esq™
Joseph Wilder Esqrs Justices Samuel Dudley Esq'
William Ward
of the Peace
Henry Lee Esq' of the
William Jenison
Samuel Ward Esq"
Daniel Taft
John Keyes Esq'
John Chandler J' Esqrs
Grand Jury
M' Jona Houghton foreman
M' Joseph Crosby M' W'm Green M' Caleb Sawyer
M' John Starnes M' Dan1 Taylor M' Isaac Thayer
M' Isaac Learned M' John Stockwell M' William Ayres M' Eliphalett Carpenter M' Gershom Keith M' James Heaton M' Thomas Hapgood Capt John Fay M' William Jones
M' Richard Wilds Dept Sheriff attended them
19
Justices
& Quorum
Nahum Ward Esq' Peace
146
Court of General Sessions.
S FEBRUARY TERM,
Stephen Chapman of Woodstock &et bound over to this Court for Breach of Peace appeared acknowledged The fact was find five Shillings & to Pay Costs which he did and was Dismissed
The Selectmen of Worcester presented a Warrant directed to one of their Constables To warn one Thomas Green his wife & family To depart their Town and it being duly Serv'd its approved
Isaac Coller Oliver Coller & Lydia Coller all of them being pre- sented for not attending on ye Publick Worship of God &ct all of them appeared and pleaded their poverty & not living within any Town, and promising as soon as they could to Reform were dis- miss'd
Thomas Ward of Westborough &ct being presented for his un- ecessaryly Traveling on ye Lords [day] &ct appeared & made his Excuse & was dismissed paying Costs
Joseph Sanouse an Indian being presented for Unecessaryly Traveling on ye Lords day &ct appeared & made his Excuse & was dismiss'd paying Cost
Mathew Barber of Shrewsbury being presented for Unecessaryly Traveling on the Lords day &ct appeared & made his Excuse & was dismd paying Cost
Mary Barber wife of Mathew Barber being presented for Unec- essaryly Traveling on the Lords [day] Sept. 14 : 1735 appeared & made her Excuse & was Dismissed paying Cost
1735-6. Worcester County, Massachusetts. 147
Robert MºCain of Rutland being presented for Unecessaryly Travelling on ye 25th of Aug : 1734 appeared and made his Excuse and was dismisd paying Cost
The Town of Brookfield being presented for want of a Bridge over Marks River &c appeared and assured the Court they would speedily build ye Same were dismd paying Cost
The Court now order that for the future Wednesday ye Second day of the Courts Siting being at the Severall Courts hereafter held in November and Feb'y be Sessions days and thursday the third day of the Courts Siting at the Severall Courts hereafter held in may & august be Sessions days.
The Court order that a well be dug on the Prison ground or as near the Same as may be at the Charge of the County & William Jenison John Chandler J' & Henry Lee Esqrs & M' Sheriff Gookin are desired to fix ye place for ye Same & See it dug & well Stone on as Easy Terms as may be
This Court order that a Cart Bridge be Erected and built at the Charge of the County over a River Called French River between Worcester & Oxford at or near the place where ye present Road Crosses Said River it being not in any Town & there being great need of a Bridge there and to be from time to time Repaired at the Charge of the County till the Court Shall order otherwise & Capt Benjamin Flagg and M' Gershom Rice Jun' are appointed a Comittee To Se ye Same Effected and then to lay their acco' be- fore ye Court for their approbation & allowance
Joseph Doolittle and Experience Bartlett being bound over to this Court by M' Jno Dwite To appear at the last Term as appears
148
Court of General Sessions.
S FEBRUARY TERM,
by their Respective Recognizances were then again Bound to ap- pear this Court & now they appeared and Confess'd they were Guilty of ye Crime of fornication were find Each thirty Shillings & Cost and were dismd
John Rich Jun' of Dudley &ct being bound To appear at this Court by the Hon1 John Chandler Esqr To answer to a Charge Exhibitted against him &ct as p ye Recognizance appears Came into Court & promising Reformation of what was amiss in him was dismiss'd.
The Selectmen of Grafton presenting a warrant directed by them to the Constable of Grafton To warn John Ward his wife & family & nath" Whitemore his wife & family to depart there Town &ct it was ordered to be put on file
DOM REX David Parsons of Leicester in ye County of
vs Worcester Clerk being presented by the Grand PARSONS Jurors for said County for that ye said David Parsons at the meeting House in Leicester aforesaid on the Twentyth day of aprill last past it being the Lords day Did then and there make a Disturbance in the Publick wor- ship of God by words and actions &ct as { the presentment fully and at large appears, was bound by way of Recognizance with sure- tys to appear at the Court of Generall Sessions of the Peace held at Worcester the first day of November last past at which Court M' Par- sons appeared and at his desire the Case was Continued to this Term & now ye Said Parsons appeared and pray'd the presentment might be Quas'd as { his pleas on file appear Which were over- Ruled by the Court & to the presentment or Crime alledged pleaded not Guilty, Upon which plea the Case after a full hearing was Comitted to the Jury who were Sworn according to law to Trye ye Same and Return'd their Verdict therein upon oath vizt That the said David Parsons is Guilty Its therefore Considered
149
1735-6. Worcester County, Massachusetts.
by the Court that the said David Parsons pay as a fine to our Sovereign Lord the [King] as a fine twenty five Shillings That he pay Cost & Fees & Stand Comitted till Sentence is perform'd, he paid ye fine & Cost in Court & was dismiss'd
William Mecarry of Wrentham In ye County of Suffolk Husband- man being presented by the Grandjurors of our Lord ye King for the County of Worcester for that ye Said William on or about the Twenty ninth day of December last past at a place called Boston in the Township of Worcester in ye County of Worcester aforesd at the House of M's Maylems did take Steal and Carry away a pockett Book or mony Case wherein was one pound five Shillings & Sixpence in paper Bills and in bonds and notes of hand and accounts to ye Vallue of Sixty or Seventy pounds and of the proper Goods or Estate of one John Salisbury of Bristoll in ye County of Bristoll Inholder alwhich is highly Criminall and agst the peace of our Sovereign Lord the King &ct The Deft appeared & pleaded not Guilty The Case after a full hearing was Comitted to the Jury who were Sworn according to law to Trye ye Same and Re- turn'd there Verdict therein upon oath as follows viz' that the Said William MeCarry is not Guilty Its therefore Considered by ye Court that the Said William M'Carry be Dismiss'd paying Cost
WORCESTER SS Anno Regni Regis Georgi Secundi nunc Magne Britanic Francia et Hibernia Nono"
Att a Court of Generall Sessions of the Peace be- gun and Held at Worcester in and for the County of Worcester on the Second Tuesday of May being the 11th day of Said Month anno Dominij 1736
JUSTICES PRESENT
John Chandler Esq"
Samuel Dudley 1 Esqrs
Joseph Wilder Esq" Justices of Henry Lee William Ward Esq' the Peace Nahum Ward and Quo-
Justices
of the
William Jenison Esq'
Peace
John Chandler J' Esqr rum
Coroners Capt James Wilder M' Seth Chapin J' M' Joseph Wright & M' Gershom Rice
Old Grand Jury
M' Jona Houghton foreman
M' Joseph Crosby Capt Daniel Taylor M' James Heaton
M' John Starns Mr William Green M' Thomas Hapgood
M' Isaac Thayer Capt John Fay M' Caleb Sawyer
M' Eliphalett Carpenter M' Gershom Keith M' William Jones
M' William Ayres M' Isaac Learned M' John Stockwell
M' Richard Wilds Dept Sheriff attended on them
151
1736 .; Worcester County, Massachusetts.
New Grand Jury for 1736
Sutton M' Robert Goddard foreman
Worcester M' Thomas Rice M' Nath" Green Leicester
M' Cyprian Stevens M' Jona Furbush Westboro'
Mendon M' Nathan Tyler
M' Joseph Taft Jun' Uxbridge
Woodstock M' Joseph Lyon
Rutland M' James Wright
Brookfield M' John Ayre
Lunenburge M' Benjamin Goodrich
M' David Fay Southborough
M' Symon Maynard Shrewsbury Harvard MT John Daly
M' Samuel Davis Oxford Grafton M' James Whiple
Lancaster M' Elias Sawyer
They were Sworn & Sent home
David Farnsworth and Hanah his wife both of Lunenburg &ct came into Court and Confessd themselves Guilty of the Crime of fornication were find thirty Shillings Each and Cost & then dismd
Sarah Bucknum of Sutton ·Singlewoman came into Court & Con- fess'd she had been Guilty of ye Crime of fornication was find thirty Shillings & Cost & then dismiss'd.
James Magregore of Grafton &ct being presented by the Grand jury for Unecessary Traveling on the Lords day made his Excuse and was dismissd paying Costs
The Select men of Mendon presented a warrant directed to their Constable to warn Mary Thoits to depart their Town & being duly Served was approved
An accot of John Chandler J' Esqr amounting unto the Sum of of fourteen pound Six Shillings allowed of by the Court and the County Treasurer is accordingly order to pay ye Same
152
Court of General Sessions.
S MAY ¿ TERM,
Benjamin Flagg County Treasurer presented his accounts from may 1735 To May 1736. which were Carefully Examined by the Court and accordingly approved of the ballance in favour of the County when all ye Taxes are paid is fifty Three pounds fourteen Shillings & Ten pence & the Court direct the Clark to Signe ye Same in ye name of ye Court
The Votes Sent in from the Several Towns in the County for the Choice of Register of Deeds were opened in & Sorted [by] the Court. The Number of Votes wer 522 : and it appeared that John Chandler J' Esqr was Elected by 517 Votes and was accord- ingly Sworn to the faithfull discharge of his office by the Hon11 Jo- seph Wilder Esqr
The Votes Sent in from ye Several Towns for ye Choice of a County Treasurer being opened & Sorted by ye Court it appeared that there were Two hundred Sixty Eight Votes and that Capt Benjamin Flagg was Elected by 266. votes and was according Sworn to ye faithfull discharge of his office by ye Clerk in & by order of the Court
A By law of the Town of Lunenburg prohibiting Cattle & Horses from being brought into their Town &ct was presented to the Court and according allowed of and approved by the Court
A Petition of Nathaniel Dike & nine others Inhabitants of Sut- ton Seting forth the Great Difficulty they Labour under for want of a Sutable Road from Sutton to Worcester the Shire Town of ye County Read & ordered that William Jenison Esq Major Jonas Rice and Capt Benjamin Flagg be a Comittee to Consider of Said Petition as to the necessaty of a Road being laid out and to view and make Report as Soon as may be To this Court of what they may think proper to be done In answer to Said Petition
WORCESTER SS Anno R\ R$ Georgij Secundi nunc Magna Britaini@ Francia et Hibernice Decimo Att a Court of Generall Sessions of the Peace be- gun and Held at Worcester within and for the County of Worcester on the Second Tuesday of August being the Tenth day of Said Month annoq Dominij 1736
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