USA > New Hampshire > New Hampshire court records 1640-1692 > Part 13
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This Court grants unto mrs Mary Hill a writ of dowry for her 1/3 of such Lands & houses as was her late husbands mr Val : Hill according as ye Law vides in yt behalfe pa: 26: & doe Impowr Lt Ralph Hall-Ensigne Daviss & Rob' Daviss to sett it out according to ye sd Law :
Wm Croscom of Iles of sholes came into Court and Confest a Judgmt of 251 108 due to Capt Richard Waldren of Cochecho:
This Court having Information of Edward Colcords being undr an arest for debt, have thought meete to take the oppertu- nitie to conveigh him hence unto ye Govern' to be dealt withall according to ordr of ye last Gen. Court in may past, & therefore doe ordr that the cleric Issue for a warrt to the Constable of portsmouth to Apprehend him & conveigh from Constable to Constable to the Govr in boston
Robt Burnham being by ye worp11 Capt Wiggins bound in a bond of 301 to appeare at this Court to answr for his neglect in the execution of his office as clerk of ye trayne band in Dover & upon examinac'on this Court finding him guilty and as him- selfe alsoe confest through his owne inconsiderateness & misap- prehensing together with ye solicitac'ons of others hath neglected the same, This Court sentence him to pay a fine of 20° & to make this acknowledgmt at the head of Dover Company the next trayning day and in case of refusall to pay a fine of 5 pownds & ffees Court
Whereas I Robert Burnham being Clerke of ye Trayned company of Dover have som time lately passed through my owne weakeness & inconsiderateness neglected ye dutie of my place & yt whereto my oath have strictly engaged me, & to
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NEW HAMPSHIRE COURT RECORDS
easily harkned to solicitacons of others in not duly Levying the fines of all such Asons as Legally were delinquents & fined for yr offense according to Law, of wch my errour I doe now ack- nowledg my selfe to be fully convinced & confess it was my .ault & sinfull offence, for wch I am heartily sorry, & engage & resolve to be very carefull & diligent in all respects whereto by place I am by dutie bound for time to come:
Joseph Sanders motioning to this Court to be free from Com'on trayning at dover by reason of his being hard of hearing is Granted him he paying 6& # an'm to ye use of the Company at Dover:
Xphr Sowton being bound over to this Court by the Commis- sonra of portsmouth in a bond of 101 upon a suspetion of break- ing up a house & taking out money & there being farther proved this Court discarges him of his bond
Mathew Giles upon his request to this Court to be free from Com'on trayning by res of his age is Granted him he paying 5ª a yeere to ye use of the train Comp at Dover:
Ann pitman being Som'oned to this Court to answr to her prsentmt for makeing or endeavouring to make disturbance & difference in wm williams his famyly, her husband appearing before this Court to Answer confest the same in her behalfe This Court sentence her to pay a fine of 58 & to pay the Constable Tho Nock 28 for som'ons him & 38 for som'ons of 3 witnesses & fees Court 28 6d wch he wm pitman engaged to pay
This Court gives power & Com'ission to Capt Ric: Waldren & Leift Ralph Hall to ffree such #sons of there towne from Com'on trayning that they shall see Just reason for, & to returne the Names of any such they free to the Cleric of this Court to be entred in the County record
George Jones being bound over by the comissonr of Ports- mouth to this Court upon suspition of breaking up a house & taking money thereout, wch doth not appeare to this Court that he is actuallie guiltie, yett grownd enough for suspition, & there coming into this Court severall complats agat the sa Jones of
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NEW HAMPSHIRE COURT RECORDS
his evell cariages in abusing his Neighbours In giving ym thrett- ning speeches, some whereof uttered before this Court, this Court sentence him to be bound in a bond of 20' to be of the good behaveour & to appeare at next Court at Dover: & pay fees of Court
George Jones doth acknowledg himselfe to stand bound unto the Tressurer of portsmouth in the some of 20 pownds sterl well & truly to be pd by him his heires & Executor & for paym whereof doth bind over his now dwelling house & Land in Sagamore Creeke, The Condition of this obligac'on is such that if the said George Jones shalbe of the good behaviour towards all people of this Jurisdiction & appeare at the next Countie Court held at Dover, that then this bond to be of None efect, otherwise to stand in full force powr & vertue
It appearing to this Court yt Anthoney Ellens have lost money out of his house & the servant of phillip Lewis being sus- pected to have taken ye same for wch he was Com'itted untill this Court to answr the same whoe in his examynation before yt Com'isson' that Comitted him Confest yt he gave his master phillip Lewis 45 shillings for to Keepe for him wch sd mony the sª Lewis was Jealous his servant aforesd had stolen, & for as much as ye sd Lewis did conceale the same & not make it Knowne as ye Law Øvides this Court sentence him to have an admoni- tion & pay fees Court 28 6d & referrs the further inquiry whose the sd money may be to ye Comisson' of portsmouth, & to restore ye same to ye right owner againe
It being reported to this Court that Sam" Heynes is neglec- tive in his office as clerke of the trayn band in portsmouth, & upon examynac'on it appearing to this Court to be soe, this Court sentence him to pay a fine of 108 & enjoynes him to gather up such fines as are yet behind & pay fees Court 2ª 6d
This Court Impowers the Com'isson's of portsmouth to give the new Constables there oath & in case they shall refuse to fine them according to Law, & the town to chuse others in there roome
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Complaint being made to this Court by the drum'er whoe attends them as there officer concerning Jnº pottle for Kicking out the head of his drum wch was proved in Court as alsoe the Courts takeing notice of his being drunke by his not Knowing the place where he did it & by his Antick carriages before them, & other contemptuous cariges & unrulyness: sentence him to pay 108 concerning the drum & other his cariages & 10' for being drunk or to be whipt forthwith to ye Number of 10 stripes & fees of Court Sam: Wheden gave a bill to wat' Abbut to pay this fine at m' Jnº Cutts: & accepted by sd Abbutt
Complaint being made to this Court by the marshall against Christop' Gold whoe refused to ayd him to bring Jnº pottle before this Court upon the Courts sending ye marshall for sd pottle, the sd Gold Confessing his fault to ye Court, sentence is to have an admonic'on woh he had: & pay fees Court 28 6d
Rachell Webster Widdow came into Court & oppenly de- claired that she renownced to becom Administratrex or to take Administracc'on on ye estate of her deceased husband Jnº Webster or to have anything to doe with the said Estate.
Capt Waldren & Elias Stileman are ordered by this Court to take an Inventory of the estate of Jnº Webster deceased, & to secure the same the best they can untill Administrac'on be granted or the Court take furth' ord' aboute the same
This Court takeing notice of the great Inconvencie of the two townes of Dover & portsmouth for want of a prison, this Court ordrs that if the prison be not set up & compleated (ac- cording to an ord' made last Court) within 3 monthes that whether of the two said townes shall be defective in that wch is there part to doe for the finishing of the same the delinquent towne shall forfeit to the other 201 to be disposed for the townes use that is not defective and Lt Ralph Hall is appoynted to Joyne wth Capt pendleton & Capt Walden in Com'isson to see it be done according to time prefixed
Lt pumfrey of dover makeing request to this Court to have his Licence renewed to sell strong water by retaile, is granted him
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Tho: Trickie desireing this Court to renew his Licence to Keep a house of Com'on entertainemt & to sell wine & strong Liquor at bloody poynt, this Court Grants It.
Walter Abbutt motioning to this Court to have his Licence renewed for Keeping a house of com'on entertainement & to sell wine It is granted him
Widdow Webster making request to this Court to have her Licence renewed for Keeping a house of com'on entertaineme & to sell wine, is granted her provided she gett an honest man into her house to govern the same such as shalbe approved by the Select men of the Towne of portsmouth.
Leift Ralph Hall requesting this Court to have his Licence renewed for to Keepe a house of com'on entertainemt & to sell wine in the Towne of Dover: is granted him
There being a report made to this Court that George Walton is Laying downe his ordinary upon ye great Iland & he not seeking to renew his Licence, & the Court being Informed how needful it is to have one there, doe ordr that the Townesmen appoynt some honest man to Keepe a house of entertainemt & sell wine as George Walton formerly did, & the Com'isson" have hereby powr to Licence him
Mr Richard Stileman making a request unto this Court to be ffree from Com'on trayning at portsmouth by reason of his being hard of hearing is granted him he paying 6 } An'm to ye use of the traine Comp there
Jnº Lock & Daniell cheney having Edward Colcord Com- mitted to them to Keepe & letting him goe in the night are fined 28 6d apeece, & are enjoyned to doe yr uttermost to gett him againe wch if they doe are to be pd for there paynes other wise to pay as abovesd
Richard Allison being prsented for Liveing from his wife This Court allowes him fower monthes time to goe home to his wife if she come not in ye meane time or to pay a fine of 201 & fees Court
Leonard Weekes prsented for striking & thretning of The-
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ophilus parkes servt to walt' Neale, acknowledged Sentence to have on admonition, wch he had & pay fees of Court
witness wat Neale & uxor
Steephen Edwards servt to Rich: Jackson prsented for exces- sive drinking & challinging men with ye sword confest sentence to pay a fine of 3ª 4ª & fees of Court 2ª 6d
[Witness] m' Mattoone ye Mrshall
This Court. allowes Mrshall Rich Wayt thirtie shillings for his attending upon Major Lusher: & 68 to ye servts of m' Rich: Cutt:
At a Countie Court held in Dover the 30 of June 1663
prnt Capt wiggin Major Hathorne Major Lusher majestrates Capt pendleton Capt Waldron Capt pike Mr Hilton L' Ric: Cutt associates Sworne
Jnº Meader & Jer: Tibbit Tooke oath of Constable for the yeare ensewing for Dover
Grand Jury
Thomas Layton
Mr Nath: ffryer
Serg+ Jnº Hall
Jnº Jackson
Jnº Bickford sen™
Sam: Heynes
Richard Cator
Rich: Cumings
Deacon Jnº Hall
Marke Hunkings
Thomas Hansum
Edward Clarke
Jury of Trialls
phillip Lewis
Jnº Woodman
Jnº Robberts
Tho: Humphrey
Ralph Twamlin
Tho: Nock
Jedediah Andrews
Abraham Corbett
Anº Nutter
James Johnson - Jnº Martin
Wm Cotten
Serg+ Jnº Hall in ph: Lewis acc'on
Rich: Jackson being Som'ons to serve on ye Jury of Trialls & not appearing being Legall Called the Court sentence him to pay a fine of 6ª 8d
.
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Hen: Savidg being Som'ons to serve on the Gran Jury & not attending that service being Legally Called is sentenced to pay a fine of 6ª 8d
Dennis Downing p1 against Edm: Greene deft in an acc'on of the case for deserting his service Contrary to Covent, This acc'on is commenced by consent of both Aties without attachmt. Jury finds for defendt cost of Court 8 shillings
Edm: Greene p1 agt Dennis Downing deft in an acc'on of the case for breach of Covent Jury finds for the p' II1 4ª and cost court the bench res' not this verdict, but upon mutuall consent is referred to the bench to end who doe award that the defend pay unto ye p1 51 175
Jnº Amenseane p1 agt m' Edw: Lyde in an accon of ye case for with holding a debt of 251 by bill wth due damages: the defent being dead this acc'on ffalls there being none to answ' to the sute:
Capt Wal' Barefoote p1 agt Tho: Nock deft in an acc'on of debt due by bill of 111 5º IId Jury finds the bill of II1 5ª IId & 15% Cost of Court
phillip Lewes p1 agt Edward Clark defent in an acc'on of the case for not returning his servant according to Law wch he had in his Custodie by vertue of a warrant: Jury finds for ye defendt Cost of Court
Mr Jnº Cogswell p1 agt James Rawlins deft in an acc'on of the case for with holding three peeces of Kersey & 2 elleven shill: peeces of Gold & due damages - Jury finds for ye p1 for Cloth gold & damages 221 68 10d & 11 17ª Cost of Court
Walt Abbut p1 agt Robert Elliot in an acc'on of ye case for with holding a debt of 131 or thereaboutes due by booke: Jury finds for ye p1 91 18 4ª & m Jnº Cutts Credit for 41 & 16. 6d Cost Court:
Mr Jnº Wincoll p1 as assigne of Tho: Broughton agt Tho: Doughte & Jnº Windet defn's in an acc'on of ye case for beach of covents for Logging, withdrawen :
George Walton p1 agt wm Drew defent in an acc'on of acct
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for not giving of acct of a viage of fish and trayne The defent being not at home the Court wth the consent of the pl doe continew the attachmt to the next County Court held at ports- mouth & the house & Land attach is still to remaine und' the Custodie of the Law that the p1 may recover his Just damages, the p1 giving the defent timely notice by som'ons to answer the sute, the attachmt is upon file in the court records
Wm Newman Came into Court & confest a Judgmt of 14 pownds money or beaver at money price due unto Capt Walter Barefoote
Henry Hallwell of Oyster River dying intestate This Court grants Le'rs of Administrac'on unto his widow Rebecca Holl- well who at ye same time brought in an Inventory of the estate of her sd Husband of 16' 98 1od unto wch she tooke her oath:
A Motion being made to this Court by the tressur" of Dover concerning charges expended aboute Benja. Hulls carying to prison, how & by whome he should be payd This Court ord' that Capt pendleton for portsmouth & Capt Waldren for Dover shall take the acct of ye same & devide it equally upon the two townes whoe are enjoyned to pay wt upon examinac'on the sd Captains shall finde Justly due.
Jnº Webster of portsmouth dying intestate This Court grants powr of Administrac'on unto Capt Ric: waldron who is en- joyned to bring in an Inventory of the sd estate to ye next Court for ye County held at portsm
Wm Newman being Som'ons to this Court to answr The sute of Jnº ffost Attorny to Anº chechley & not cecuted : desires his charge weh is granted him 22 shillings
Jn° Menseane [Amazeen] motioning this Court yt seing his acc'on Could not be tried by reason ye defendt was dead desired he might have his charge upon entring the acc'on remited wch this Court grants & the tress' is to allow it
Mr Edw: Lyde dying without will this Court grants unto mr ed- Richworth m' Sam Maverick & m' Ric: stileman powr to Administer on his estate & they are enjoyned to bring
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in an Inventory thereof to the next Countie Court held at ports- mouth: & it is further ordered by this Court that these 3 chosen or any two of them have pow' to act in any thing concerning the estate, & all #sons who have any of his estate in y' hands are to rend' it up unto them . . . receipt shalbe their discharge
The last will & testamt of Jos: Austin brought into Court & proved by
Alsoe an Inventory of his estate amounting to 471 & sworne unto by his widdow Sarah Austin whoe because the will is Im- perfict the Court grants Administran unto her with directions aboute ye estate entred at the foote of the will weh is upon fyle:
The Last will of Richard Seaward sen' brought into Court & proved as appeares on ye foot of the will alsoe an Inventory of ye sd seawards Estate of 1411 108 to be disposed according to ye sd will by the Administrators as Impowred by this Court wch is entred on the foote of ye sd will upon the file
Jnº Tuttle of Dover dying Intestate, this Court empowers his widdow Dorothy Tuttle as Administratrix to ye sd estate who brought into Court an Inventory of his estate amounting to 851 198 6d wch the Court ord' as followeth vizt It appearing to this Court yt the Eldest daughter of the deceased is maried & hath had her portion already orde that his son Jnº Tuttle shall have IO1 when he comes to 21 yeeres of age & ye youngest daughter to have 15' when she coms to the age of 18 yeeres, or be disposed of in marriag & the remainder of ye estate shall be to ye widdow during her Life or widdow hood estate & if in Case she shall marry then to have the thirds according unto Law, & after ye widdows decease or mariage the Son to have the Land.
James Smith for Contempt in open Court by Keeping on his hatt notwithstanding he was adminished & bidden take it of, is sentenced to be set by the heeles one hower & fees Court
Deacon Jnº Hall being chosen by the Towne of Dover to be clearke of the writts is Confirmed by this Court.
Edward Wharton Coming volluntarily into Court and shew- ing contempt thereof by words & gestures sentence him to set
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in ye stockes one hower, After he had sate the Courts pleasure in ye stockes the Court sent for him to appeare before them, & being before them asked him wherefore he came hether, unto wch he Answered to beare testimony against violence & oppres- sion, it was asked him aga' wherefore he came into this Towne he answered to beare witness unto ye truth, & yt he had noe outward occasions to come to the towne
Theise Answr gave the Court cause to Looke upon him as a vagabond Quaker & Sentence him to be Conveighed from Con- stable to Constable untill he Coms to Salem ye place of his habi- tac'on & that he be whipt through Dover hampton & Newbery by the Constables of ye sd Townes at ye Carts tayle to y· Number of 30 stripes vizt tenn stripes in each Towne, & ffees Court 305
To ye Constables of Dover Hampton Salsbury Newbery Rowley Ipswich & Wenham
you & every of you are required in his majtes name to receive into yor Custodie Edward Wharton a vagabond Quaker & con- vey him from Towne to towne untill he comes unto ye place of his habitacon in Salem, & ye Constables of Dover Hampton & Newbery are to whip him through theire Respective townes at ye Carts tayle not Exceeding ye number of 10 stripes in each towne according to the Law of vagabond Quakers in that be- halfe this being the sentence of Court held in Dover this 4th of July 1663 hereof you are not to fayle at yor pill da: 4th July 1663
₱ Elias Stileman Cleric
The wife of Mathew Giles being by ye worp11 Capt wiggins bound in a bond of 201 to be of good behaviour, & engaged if not able to pay it would submit unto this Courts Censure, The weh this Court finds to be often broken Since that time by her Cursing & Swearing & abusing her husband, vizt in saying he had buggered her Servant boy, & Laen with her daughter daughter in Law, & saing her daughter was her husbands hore, & yt she did hope to see her husband hanged ere long & wished she might be damned in hell if she did not - This Court having
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Considered the heinousness of theise crimes, Sentence her to be forthwith whipt to the number of 20 stripes, & to be Imprisoned during the Courts pleasure, vided yt in case of dangerous sickness or any other Exegent as shalbe Judged by Capt wiggin Capt waldren & Capt pendleton she may have such enlargement & Libertie as they shall see meete & ffees Court
Wm penney Servant boy to Math: Giles ffor accusing his master of buggering of him, & afterwards sayes his dame had hyred him soe to say, & confest in Court yt it was not true that his master had done any such thing to him Sentence him to be whipt to ye number of 10 stripes fforth with.
It appearing to this Court yt Mathew Giles hath not caryed himselfe soe towards his wife as it was meete for him to doe but hath used uncomly & #vokeing speeches viz in saying he had taken his daughter as his wife wch is provoking. This Court sentence him to have an admonition, wch was forth with Øformed: & ffees Court
Jnº Meader Constable is allowed 58 for whiping Goodw. Giles & her servant boy to be allowed by the tress' of Dover
William ffollett & wm ffurber brought into Court an acct of the estate of Thomas Johnson wch remayns on file:
This Court ords that the child of Thomas Johnson shall live with goodman Layton if he consent untill she be ten yeeres of age, & he to be allowed out of her estate 51 a yeere, & from the age of ten yeeres untill she be fourteene yeeres he is to Keepe & maintaine her at his owne proper cost & charge & then she is to make choice of her guardian, unto this agreemt goodman Layton did consent
The Jurye of Inquest verdict concerning the untimely death of two Negroes of Capt pendletons brought into Courte & lies upon file
The Jury of Inquest verdict concerning the untimely death of Robert Marshall & Jer: Dolley brought into Court & re- maynes upon file.
This Court Grants unto Capt Brian pendleton & Lte Rich :
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NEW HAMPSHIRE COURT RECORDS
Cutt powr of Administrac'on unto the estate of Robert Marshall deceased :
Lt pomfrey Lt Ra: Hall Tho: Trickie walter Abbut Rachell webster came into Court & desired to have theire Licences Re- newed wch is Granted them
Edw: West of portsmouth is Licenced to Keepe a house of com'on entertainemt upon the Gt Iland & to sell wine & strong waters
Capt pendleton & m' Rich Cutt tooke Com'isson's oath to end causes und' 101 at portsmouth & are Impowered to give m Sherburne his oath:
The Bill of p'ntments Last yeer.
The towne of portsmouth prsented for neglecting to mend the high way going from greenland to bloody poynt, the way being mended a day or two before ye Court though not suf- ficiently ord' that it be well done as soone as may be:
Thomas Everit for excessive drinking & swearing Confest sentence to sett in the stockes 3 howers the wch he did
Jnº Jones for being in the ordinary at unseasonable times & for excessive drinking, sentence to pay a fine of 38 4ª & fees
ffrancis Gray of ye great Iland for excessive drinking & dis- turbing severall Øsons, owned sentence to pay a fine of 38 4ª & fees
The towne of portsmouth for neglecting to mend the ffoote way betweene Jnº Hunkings & ye meeting house, this Court ordre that the toune mend the way or Lay out another by the Last of Septembr next or pay a fine of five pownds: & fees of Court
Bill of prntmts brought into Court I July 1663
George Jones prsented for being drunk & for swearing, con- fest Sentence to pay a fine of 208 vizt 10º for drinkeing & 108 for swearing & the Court sees meet to continew his former bond to be of the good behavior or peace to Continew till ye next Court
Jnº Jones blacksmith for Living Idlely for severall yeers to-
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NEW HAMPSHIRE COURT RECORDS
gether: Sentence is to have an admonition to be more carefull to follow his Calling for time to come & 2º 6ª fees
Widdow Webster for Keepeing bad ordr in her house on ye Lds dayes & at other times, proved: Sentence of Court to pay a fine of 58 & ffees Court
wm Roberts of Oyster River for not coming to meeting for severall monthes. The Court ffinds 28 Lds dayes to be proved since his conviction sentence him to pay 58 a day according to breach of the Law in yt behalfe coms to 71 & ffees of Court 305
Bill of prsentmts
Wm Williams senr of Oyster River prsented for not coming to meeting for severall mº The Court finds 8 dayes: & sentence him to pay fortie shillings fine & ffees of Court 308
witness Gra. Jury of Dover
Wm ffollett for not Coming to meeting for severall months Court finds 16 dayes: sentence to pay 58 { day is 41 & ffees
[Witness] Gra. Jury
James Smith for not coming to meeting for severall monthes Court finds 14 dayes: & one day confest to have been at a Quakrs meeting sentence to pay 58 a day for not coming to meeting is 31 108 & 108 for going to ye Quakers meeting & ffees:
[Witness] Gra. Jury
Jnº Godard & wife & ffamylie for not coming to meeting for severall monthes. ye Court finds Jnº Godard 4 dayes: & twice to have been at Quakers meeting, Judg him to pay 40 shillings according to Law: & ffees of Court
wife of Jnº Godard being prsented for not coming unto the meeting, butt it appearing to this Court by testimony & her owne confession that she doth attend publique ordinary the Court is satisfied & doth discharge her:
Mª Thomas Robberts & his wife for not coming to meeting for severall m° together: The Court find 13 weekes delinquence & Judg him to pay 31 58 according to Law: & ffees Court his wife is referred to ye associates
James Nute sen' & his wife & sonn for not coming to meeting
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NEW HAMPSHIRE COURT RECORDS
Court finds 26 dayes : sentence to pay 61 108 & for entertaineing of Quakers 4 houres in one day proved Judg him to pay 405 an houre according to Law: wch is 81 & ffees:
James Nute upon his acknowledgmt & submission to ye Court & promise that he would not entertaine the Quakers more & that he would ffrequent ye publique meeting for time to com is Remitted his ffine of 141 109 to 51 & ffees.
Humphrey Varney ffor not coming to meeting, pleaded non conviction, unto whome the Law was this day read & he admon- ished :
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