USA > Massachusetts > Records of the Court of assistants of the colony of the Massachusetts bay, 1630-1692 > Part 9
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Mr Bel: not in L. copy.
93
OF THE MASSACHUSETTS BAY.
John Danvard being accused of uncleannes was bound in 201 to appear at the Court the 4th month vnles hee avoyde out of Waymoth before that, & to pay the Cunstable 20$ for witnesses.
George Palmer having comitted folly wth Margery Rugs through her allurement, because hee confessed volentarily, hee was onely set in the stocks, & so dismissed.
Margery Rugs for intiseing & allureing George Palmer was cen- sured to bee severely whiped.
Charles towne haveing chosen Rob't Longe to sell wine this Court doth alow him till the quarter Court.
Boston haveing chosen William Hudson to keepe an ordinary this Court doth alow him till the quarter Courte.
Nathaniell Travell appearing was admonished to acknowledg his offence in his scandolos & slaunderos speaches of severall psons, wch hee pmised to do, & to take advise, & so the Court discharged him upon triall./
[Pages 275 to 280 contain the record of the General Court 13 May, 1640. Page 281 contains lists of freemen for May and September, 1640.]
[282] At a quarter Court houlden at Boston the 2th day of the 4th mº @ 1640:
prsent,
Mr Deputy Bel: ,
Leonard Bowtle * for neglecting to obey a warrant served by the Cunstable was fined 10ss./
Mr Winthrope, seni
Mr Endecott
Mr Humfrey
Mr Browning for seling strong water was fined 5º witn: to ha: 28 of it
Mr Winthrope iuni
M' Tynge & Mr. Davison are desired to examine the accounts between M' Joanes & M. Mayhewe./
Mr Saltonstall
Mr Stoughton Incr: Nowell.
Muddy River The Charge of Muddy ryver bridge
bridge.t being 151 38 6ª was ordered to bee alowed as followeth By Boston, 61: by Roxberry 51 : Dorchester 11 78 8ª Water- towne 1. 7. 11ª Cambridge 11 7$ 11ª./
George Hurne is Comited to bee layd in yrons & to bee whiped to morrow for his insolent & contemptuous carriage.
John Hogge not appearing A
James Davies for his unquietnes wth his wife was enioyned to ap- pear at the next Court of Assistants.
* Buttolph in L. copy.
t In modern hand.
94
RECORDS OF THE COURT OF ASSISTANTS
Henry Chapman for not obeying a presse was fined 5s8.
M' John Woodbridg is discharged of his p'sentment for releasing a servant paying 28 6ª.
Robert Tucker for upbraiding James Brittain calling him lyar, & saying hee could que him so being a witnes, was fined 209, & enioyned to acknowledg the wrong hee had done Brittaine.
M' Peter Bulkeley is granted the Corne of Alexander Thwayte & to bee responsall for it if hee come to answere the suite./
Willi: Powell for his sinn in geting his wife wth child before marriage was fined 40sª. Deniing it often, & [a]* confessing.
Thom: Gray was censured to bee severely whiped for his drunk- ennes & other misdemeanors at Marbleheade, wch M' Endecot tooke the Care of by undertaking it .¡
gooddy ffinch was censured to bee severely whiped to morrow, & so kept in prison./
Thom: Savory for breaking a house in the time of exercise was cen- sured to bee severely whiped, & for his theft to bee sould for a slave vntil hee have made double restitution.
Henry Allein & Clement Weaver for drunkennes were fined 10ss a peece.
M' Barnard for giveing a gallon of strong water amongst certein persons at worke at his house wherof Allen & Wever were two was fined 31.
Rob't Abels busines is refered to M' Stoughton to inquire.
Elisabeth Lovel was admonished for her imodest exp'ssions, en- ioyned to pay the witnesses, & so was dismissed./ #
John Downham for geting his wife wth child before marriage was fined 20s8./
Hingham being prsented for defective wayes & bridge, & the Court being certified by hen: Smyth that they are mended they were fined 29 6ª, & discharged./
Edward Converse was fined 10s because the ferry had bene neg- lected./
Thomas Bell being setled since the p'sentment is respited.
the way of Dorchester being p'sented is deferd to veiwe.
M' Rich'd Dumer for want of weights & scales [wch] were supplied 53.
* After in L. copy.
t See Lechford's Note Book, p. 149.
# These last nine words not in L. copy.
95
OF THE MASSACHUSETTS BAY.
Neweberry for want of towne weights & measures fined 6. 84. Salem for neglecting their watch was fined 10s8:
[283] prsent,
the Governor
the Deputy go:
five pounds :
Mr Winthrop, se:
Mr Stoughton
Incr: Nowell.
Two indian weomen were adiudged to bee whiped for their insolent carryage, and abusing Mrs Weld./
Elisa: Bennet was censured to bee whiped for her unchast mis- carriage
M' John Hogges for his drunkennes is fined five pounds
John White is bound in 10' for to bee of good behavior, & not to come into the Compa of Bulls wife alone, & to appear at the quarter Court the first 3th day of the 10th mº next
John Wily & George Orrice bound themselues in 51 a peece for the forenamed John White
Hope the Indian was censured for her runing away, & other misdemeanor to bee whiped hear & at Marble heade.
Isaack Hart bound himselfe in 201 to bee of good behavior & M" Robt Saltonstall bound himselfe in 101 for the said Isa: Hart his good behavior till hee dept out of the plantation, or bring a note fro that hee is free from fear.
Joell Jenkin is bound over to the next gen'all Court for geting his mī. his daughter wth child :
The 20th of the 3th mnº @ 1640
the Deputy go:
Mr Winthrop, se:
Increase Nowell.
prsent, Henry Illery being drunke the night before, & calling Walter Merry knave, & saying further to him a member a dog hee was fined 10", & to go to prison till hee have paid it./
John Barnes likewise : for being distemped with wine was fined 10s8 :
Daniell Hutchins bound himselfe in 101 to appear at the Court to answer for neglect of the 2 children in the ship, weh were comited to him./
Willi: Kilcup & Rich: Haines bound themselues in 51 a peece for the appearance of Dani: Huchins.
6th mº 27 Henry Bright tooke his oath for to discharge the place of survayar of the armes in Watertowne this year, & till a new bee chosen.
·
The 30th of the 5th mº 1640
John Tower for his disturbance of the peace & his offence thereby against the Comon welth is fined
96
RECORDS OF THE COURT OF ASSISTANTS
[284]
A quarter Court held at Boston the first of the 7th mº 1640 : A Record of a former business.
prsent, In the matter between Andrewe Coleman & Willi: the Governor Swift, it is ordered by the Court, that whereas the the Deputy go: Mr Winthrope, se: said Andrewe Coleman by his letter of attorney dated Mr Endecott the day of anno Dñi 1636 made unto John Mr Humfrey Mr Stoughton Haynes Esqr gave him the said John Haynes powr & Mr Bradstreete Mr Winthrope, iu: Increase Nowell Mr. Saltonstall. authority to sue & compound wth the said Willi: Swift for & upon one bond of C bearing date the day of in the yeare , wherein the said Willi: Swift as a surety was bound wth Roger Spring principall debtor, & Josua Smyth another suerty for the paymt of fifty two pounds unto the said Andrew Coleman upon a certeine day past, & thereupon the said John Haynes agreed, & compounded wth the said Willi: Swift, And the said Willi: Swift morgaged his house, & lands at Watertowne aforesaid unto the said John Haynes in behalfe of the said Andrew Coleman by one deed, or writing dated in or about the month of in the year 1636 aforesaid. And wheras the said Willi: Swift alleageth that the said Andrew Coleman hath already recovered for part of the said debt the sume of eighteen pounds & five shillings from John Smitheman, & Willi: Stacy iunior of Bocking Clothiers, wch they owed to the said Willi: Swift, & that since the said morgage made, the said Andrew Coleman hath contrary to the said agreemt ar- rested, & troubled the said Willi: Swift in England for the said debt, & recovered from him seaven pounds & ten shillings more, weh in all being twenty five pounds, & fifteen shillings cometh to halfe the said debt, wanting but five shillings, & that halfe thereof is as much in equity as hee being a surety wth another ought to pay, & the other surety the said Joseph * Smith being a man of sufficient estate ought to pay the other halfe, This Court hath ordered, that the possession of the said house, & lands shall remaine in the hands of the said John Haynes till midsomer next, to the end the said Willi: Swift may make what proofe hee can of the p'mises in the mean time, and then this Court will set downe a finall order in the p'mises, as shalbee agreeable to equity.t
If the Court bee pleased to record this order I consent to it.
Jo: Haynes.#
* Josua in L. copy. In Lechford's Note Book it is Josiah.
t See Lechford's Note Book, p. 174.
# This signature as well as the record is in the hand of the Secretary.
97
OF THE MASSACHUSETTS BAY.
John Woolrige appearing was discharged fro his band haveing carried himselfe orderly for ought wee heare
John Porter & Henry Tuttle being chosen cunstables of Hingham did take the oathe to them belonging.
Thomas Tylestone, & Edward Winshot were fined 69 8d a peece for not attending the iury when they were called
It was referd to M' Willi: Tynge & M' Willi: Peirce to examine the books about the goods weh came in the Charles was * are wanting of persons absent./
Thomas Baguley for seeking to get a mayde wthout her freinds consent is bound to his good behavior, & if hee trouble her by prfering any newe suite, or make any disturbance, it is to bee accounted a breach of the good behavior./
Rich'd Cluffe for saying shall I pay 12ª for the fragments wch the grandiury roages have left hee was bound to his good behavior & fined three pounds, sixe shillings, & eight pence, weh was discounted by ME Robrt Saltonstall upon account.
Edmond Mathewe was admonished to take heede of pilfering.
M' Samu: Maverick bound himselfe in 1201 for the Compa of the Charles to answer such actions as are or shalbee brought. [285] Thomas Dickinson is discharged from his slavery & comited to Ensigne Rich'd Walker./
John Turner & William Rich'ds are referd to M' Ginner & Thomas White to settle things betweene them.
Evan Thomas haveing a wife, & four children is alowed twenty bushells of corne at harvest, & what necessary charge goodm Button is at to bee alowed him.
Jonathan Hatch was censured to bee severely whiped, & for the prsent is comited for a slave to Leift Davenport.
Recd of Ipswich for their attachment 10ª they haveing set out newe highwayes nearer then the former, as they informed./
Walter Merries two servants were censured to bee whiped for runing away, & delivered to their maister./
450-
M' Atherton Hoffe,t M' Thom: Leveret, & M"
Thom: Colebron, have authority, & order to sell the house & ground, wch was M' Mellows to bee disposed of by them for the good of the sixe children till they come to age, or marry, & the eldest sonne to have a double portion.
* So in the original. It is what in L. copy.
t Haugh in L. copy.
98
RECORDS OF THE COURT OF ASSISTANTS
Mª Samu: Winslew * is sworne surveyar of the armes at Cole- chester.
John Gosse had ten pounds of his fine of 201 remitted.
John Burrows for going into other mens houses in the night & upon the lords day in the time of exercise was censured to bee whiped./
the 8th Day of the 8th nº 1640
John Knight for his drunkennes swearing, & other disorder was censured to bee severely whiped./
Daniell Houchens t haveing given satisfaction to the father of the children wch were neglected is freed from his attendance at the Courte any further./
15. John Davies, & Henry Messenger are bound in 201 a peece, & each for other to appear at the next generall Courte.
John Crabtree Willi: Hudson & John Hill # bound themselues in 201 a peece that what shalbee adiudged by the Courte to bee overpaid shal bee returned to M' Hibbens./
[On pages 286 to 292 is the record of the General Court for October, 1640.]
[293] A perticuler Court held at Boston the 29th 8th mº 1640 :
prsent,
the Governor
Henry Edwards, & Willi: Hudson are discharged from their recognisance./
the Deputy Govr
Beniamin Pauly for his distemper wth wine was
Mr Winthrope, seni:
ordered to pay 10$, & paid in the same./
Mr Isra: Stoughton
& Incr: Nowell. Nicho: Davison byll of 2001 being delivered into Sill was ordered to bee kept by the secretary.
the Court by
Joseph Shawe & Nicho: Byram are granted administration of the goods of Abraham Shawe deceased./
Willi: Hamond deposed that Edmond Greenliffe served him wth warrants to appear at two Courts, & causing him to appear did not secute. Hamond was granted against the said Greenliffe 20ss.
John Porter, John Ottis, Thom: Minard, & Natha: Baker being called to bee witnesses were granted 68 a peece & Graves § 18 all to bee paid by the Country./
John Dutton for swearing, stealing, & drunkennes was censured to bee severely whiped./
John Parker was granted 20° against Thom: Clay for not psecut- ing, causing him to attend 3 dayes wth witnesses./
* The final w seems to have been cancelled. It is Winsley in L. copy.
t Hutchins in L. copy. # John Hill not in L. copy. § Or Geaves.
99
OF THE MASSACHUSETTS BAY.
Attachment was granted to Thomas ffowle against Thomas Owen to attach such goods as are in his possession for performance of his bargaine of corne./
It is ordered M' Stoughton should heare busines betweene Rich'd Lange, & the towne of Waymoth, & M' Stoughton hath power to call for the towne booke, & make report to the cort if the cause do require it./
[294] A quarter Court held at Boston the first day of the 10th mº 1640
prsent,
Mr Governor
The towne of Cambridge upon pufe that the way at vine brooke & long smap * was repaired before the declaration of the defect was discharged of the fine of 51.
M. Deputy
Mr Winthrope, seni :
Mr Humfrey
Mr Saltonstall
Mr Winthrope, iuni :
Mr Stoughton
& Increase Nowell.
Watertowne ffreemen promising to yeld to evry townsman his pportion alike according to rule, wthout respect to freedome or not freedome were dismised
George Richardson is bound to the good behavior in 20', & to ap- pear at the quarter f the 10th mº 1641. Henry Curtis & Willi: Knope are bound for George Richardson [in 10].]
Giles Player haveing taken from the deputy governor a boate & other things of 151 valewe, & from Leift Davenport the worth of 51 hee is committed to them till they bee satisfied./
Joell Jenkin upon his repentance was discharged./
Rob't Rendall is deferd till the next quarter court./
The towne of Braintree were enioyned to make their pound, stocks, & watchouse by the quarter court in the first month.
Dorchester, & Roxberry the bridge, & way being repaired were dis- charged./
Boston the wayes being newe layde out had time to repair them between powder horne hill & the written tree till the A
M' Thomas Lechford acknowledging hee had overshot himselfe, & is sorry for it, pmising to attend his calling, & not to meddle wth con- troversies was dismised .¿
Willi: Bartlet the pilfering not being qued was discharged
newe suinons was to bee sent for Robert Bartlet./
Charlstowne meeting house was formerly alowed for theire watch house./
* So in the original. Swamp in L. copy.
t Cort in L. copy.
# See Lechford's Note Book, pp. 117, 176.
100
RECORDS OF THE COURT OF ASSISTANTS
Samuell Dunkin there being a mistake in the presentment as ap- peared by the witnes was discharged./
Concord & Sudberry in regard of the snow were deferd till the quarter Court in the first month./
Willi: Wake was councelled to go whom * to his wife, & upon his pmise so to do, his repentance, & testimony of his good behavior hee was discharged./
Salem.t
Salem meeting house is alowed for their watch- house.
Robert Crosse is remited to Ipswich Court./
James Hubberd is discharged the hurt being little, & done unwit- ing the other pressing in upon him./
Linn was enioyned upon paine of 101 to repair their wayes by the quarter court in the 4th mº next./
Lin.t
Linn meeting house is alowed for their watch- house.
Rowley prsentments are deferd till the quarter court in the next first month.
Colechester prsentmts are deferd till the quarter court the first month.
Hampton prsentmts are deferd till the quarter c't po mº.#
Hingam.t
Hingham meeting house for the prsent is alowed for their watch house.
Christopher Batte for selling his servant his time is referd to the Court at Ipswich.
It was ordered that John Twogood should bee sent to his dame the wife of Thomas Marshfeild at Conecticot by Rob't ffen, the father of the said Twogood haveing put him a servant to Tho: Marshfeild. [295] the comission about M' Edmond White & M's Woolcote § is renued for M' Deputy Bellingham, Incr: Nowell, & M' Thomas May- hewe to examine the accounts.
Mr Collens, M' Sparhauke, & goo: BridgeT are desired to heare businesses betwen John Smyth, & his father Jeremy Norcros, & exam- ine accounts, & settle things if they can, if not to make report to the Courte, if there bee cause./
Henry Stevens for fiering the barn of his in', M' John Humfrey hee was ordered to bee servant to M'. Humfrey for 21 years from this day toward recompencing the losse./
* Home in L. copy. t In modern hand. § Wolcott in L. copy.
# Quarter Court the first moneth in L. copy.
" John Bridge in L. copy.
101
OF THE MASSACHUSETTS BAY.
Samu: Hefford * haveing bene much misused by his m'. Jonathan Wade hee is freed from the said M' Wade, & is put to John Johnson for three yeares, & to have 6' wages p @, & for the other 112 years it is referd to the court./
Rich'd Nicoles case is referd to the Court at Ipswich
Daniell Bacon is granted 10' costs against Rich: Neve because hee served him wth a warrant, & psecuted not./
George Rich'dson is granted 10ª costs against James Smyth hee haveing served him wth a warrant psecuted not.
Jonathan Wade is bound in 40' to bee of good behavior :
M' Rich'd Parker for seling 12 1b or 34 lb of gunpowder| to an In- dian | being ignorant of the law against it is respited til the gen"all co't.
M' Henry Webbe his man Roger T[o]le for seling 2 lb of gun- powder to an indian not knowing the law is respited till the gen'all cort
John Stowe for seling shot | to an indian || not knowing the law is respited
M' Thom: Clarke his man seling 8 lb of shot to an indian is respited
Rich'd Collecot forgeting the law | against mending indians guns haveing got 2 of their locks to bee mended is respited for his fine till the next gen'all cort
Micha: Willis is discharged being ignorant whose the locks were./
M' Henry Waltham his sonne being lately dead, & hee discovering his sonne had given 31 to the publike though no other knew of it was discharged./
goo: Button is alowed 101 8$ 9ª for the charge wth Tho: Evans.
Bewet, for the Jury found Hugh Buetst to bee gilty of heresy, heresy, ban- isht. & that his person & errors are dangeros for infec- tion of others .¿
It was ordered that the said Hugh Buet should bee gone out of o" jurisdiction by the 24th prsent upon paine of death, & not to returne upon paine of being hanged./
the Court granted the jury 128 for their servise
Jury yt trjed Buets.
the names of the Jury that tryed Buets
Edward Rainsford John Rugells
James Browne Griffin Crofte
John Martin Isaack Johnson
John Haule Jonathan Negus
Thom: Goble Rich'd Trusdell
Daniell Brewar
Christo: Gibson
* Hofford in L. copy.
t Buett in L. copy.
# See Winthrop II. 19.
1
102
RECORDS OF THE COURT OF ASSISTANTS
It was ordered that Alexander Beck should have 24 bushels of corne for Mary Joanes for the time past, & for the time to come a bushell of corne a weeke, & to have two blankets & a rug to keepe her warme./
[296]
A Court at Boston the 28th 11th mº 1640.
prsent,
the Governor
the Deputy govt
Mr John Winthrope Be: Mr John Humfrey
John Holland Edward Brecke, & John Sherman being returned for Iury men, & not appearing when they were called they were fined 58 a peece.
Mr John Winthrope, iu:
& Increase Nowell.
The will of t George Alcock was given in & the witnesses deposed, & also the praisers of the inventory
were deposed.
Thomas Hawkins for his scurrillous speaches was enioyned attend- ance, but upon the petition of the gentlemen hee was remitted./
Samuell Haukes for swearing, cursing, lying, theft, & unclean speach, was censured to bee set an houre in the stocks to morrowe & have a clefte stick on his tongue while the Court thinks meete, & was comitted the meane while./
William Carpenter being chosen cunstable of Waymoth for the year ensuing tooke his oath to that place belonging./
John Hogg for his drunkennes, wastfulnes, & idlenes was censured to bee comitted to Leift Davenport till the next Court./
Walter Knight forfected his recognisance of 51 by not appearing
Thomas Dexter forfected his recognisance of 51 being bound for the appearance of Walter Knight, who appeared not
Mr. James Parker is alowed to marry Thomas Clifton & Mary Butterworth within a month :
Ordered by consent of Henry Waltham marchant, & Welthia # the wife of Thomas Richards of Waymoth that all matters in difference hearafter mentioned shalbee referred to M' Neweman, M' Parker, & Edward Bates, of the same towne, who by this Court have power, or any two of them to appoint a miller to keepe the mill for both parties : to set downe an equall valewe for the rent of M' Walthams part of the house, wch shee is to enioy till her husband returne (if hee returne this sumer) & to heare & determine all accounts, & reckenings betweene them, for weh end they, or any two of them have heareby authority to
* Deposed in L. copy. t Mr. in L. copy. # Welthian in L. copy.
The will of Ann Bunting was given in, & the witnesses depo: *
103
OF THE MASSACHUSETTS BAY.
examine witnesses upon oathe, this to bee in force till the next Court of Assistants .*
[That part of the Library copy which is of records of a later date than the above, 28 Jan., 1641, appears to have been made, in part at least, by Samuel Symonds. See Transactions Colonial Society of Massachusetts, Jan., 1898 (page 144).]
[297] A quarter court held at Boston the 2th day of the first mº 1640-1641 +
prsent,
the Govrnor
the deputy go:
Christopher Graunt for his cruell usage of his servant Nicholas Gilberd was fined ten pounds, & bound to his good behavior
Mr Winthrope se:
Mr Endecott
Garret Church & John Stebben bound themselues in 201 a peece for Grants good behavior till the next quarter court
Mr Humfrey
Mr Saltonstall
Mr Winthrop iu
Mr Stoughton
Mr Bradstreet
Incre: Nowell
Robert Stedman a iury man not appearing was fined 68. 8ª.
John Hogg upon the security of Samu: Grames, & Thomas Munte they haveing the goods in their possession for their security wch hee was let have to keepe till hee went for England, & then to deliver them to his use./
Walter Edmonds being chosen cunstable of Concord did take his oathe
Susan Starr is granted administration of the estate of her husband Thoma: Star, & the inventory of 49. 6. 9d was shewed in cort
Rich'd Hollingworth upon occation of the death of Rob't Baker was fined 101: to bee paid to the wife, & children of the said Rob't Baker his negligence being the occation of his death.
Rob't Bartlet appearing, & there appearing a mistake in the p'sentment hee was discharged
Robert Rendall being tryed by the grand jury was not found gilty
Henry Palmer bound himselfe in 401 for his wifes good behavior & appearance at the next quarter cort when free from being wth child, & fit to come abroad./
M' John Morecroft is fined 201 for his unfit carrige, & bound to his good behavior.
also the forenamed John Morecroft is to pay 201 of the 401 wch hee forfected for want of Will: Bell his appearance #
* See Lechford's Note Book, p. 195.
# See Mass. Hist. Soc. Coll., 4th Series, Vol. 7, p. 308.
t See Winthrop II. 43, mentions presentment of Governor Bellingham.
104
RECORDS OF THE COURT OF ASSISTANTS
Walter Knight appearing was fined 101 for his rude speaches and contemptuous For security hee made over a bill of 111
Rich'd Ponton is put to John Reade for 8 yeares from the first of the 11th mº last past with his owne consent.
John George is put to M' John Winthrope seni: for 8 yeares with his owne consent./
An attachment was granted against Nicholas Bacons cattle for the payment of his rent to M' John Coggan./
sumons & attachment was granted ag the estate of Jnº Sampson.
the difference between M' William Tynge & M' Robert Tomp- son is referd to the arbiterment of M' ffoule & Capt. Gibons.
M' Rich'd Dumer had his fine of 53 remitted the prsentm' being upon a mistake as was testified :
Thomas Carter Senior, & Edward Joanes being chosen Cunstables for Charles towne did take the oath appointed for that place
John Johnson of Roxberry is freed from training in regard of other publike servise wthout any pay to the Company./
[Blank space.]
Thomas Foxe was enioyned to pay 58 or appear at the next court./
[298]
A Courte at Boston the 29th 2ª mº 1641 :
prsent,
the Govrnor
the Deputy gov:
Mr Winthrop sen:
Mr Humfrey
Increase Nowell.
Rich'd Wilson for his grosse abuse of his m". Thom: Cheesholme in base revileing speaches, & re- fusing to obey his lawfull commaunds was censured to bee severely whiped
Edward Page it being testified that his mr. con- fessed hee was not to bee turned over, nor serve his wife if hee dyed the said Edwa was freed by the Courte./
M' Joseph Kinge for uncomely & obscean speaches was sharply reprehended, & for distemper in drinking wine hee was fined fourty shillings to bee paid wthin ten dayes to the treasurer
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