The annals of Albany, Vol. IV, Part 15

Author: Munsell, Joel, 1808-1880
Publication date: 1850
Publisher: Albany : J. Munsell
Number of Pages: 420


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Att a Common Councill held in ye Citty Hall of Albany ye 3d day of August, 1703.


Whereas Complaints are made that severall Creditors of ye County of Albany, doe presume thereby to discharge their taxes when raised, particularly for ye behooffe of ye Citty of Albany. It is therefore Resolved by ye Common- ality of ye sd Citty, henceforth no person or persones who have any account with ye County shall be admitted to de- duct ye same or any part thereof, out of ye taxes when particularly raised to defray ye Citty charges, neither shall any Creditor of ye sd Citty deduct more of any such tax of ye Citty than his own due quota therein. Further, that y^ Treasurer is hereby discharged to suffer any deducting as aforesaid, upon his perill.


John Rateliffs accounts for service done for ye Citty : 1 for shutting ye Citty Gates from ye 2d November, 1702 to ye 2ª of Augt 1703. 21 pieces of 8, is - £6:6


1 for makeing fyre in ye Burger Blockhouse, for sd time, 11 ps of 8 and 3 gl., 3:7:6


1 for sweeping ye Chimney in sd Blockhouse, 6:9


£10:0:3


Sept. 16 .- Whereas the Lane that passeth between the house and lott of Johannis Mingael and Frans Pruyn is found unconvenient to pass throw, being almost close up with moud and other filth, complaints whereof is here made by ye Inhabitants thereunto adjoyning, humbly requesting that this Commonality now conveined, will be pleased to order some remedy to be taken for ye cleaneing thereof. The same being taken into consideration, ye Commonality do appoint Hend. Othout and Thomas Harmense to vew ye sd lane and make Report how ye same may be most conveniently Cleaned, which Report must be given unto Mr. Mayor ye space of twice 24 honrs.


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Albany ye 14th of October, 1703.


This day being appointed by ye Charter of this Citty for ye Aldermen to make their return of ye Aldermen chosen for y" respective wards for ye ensuing year, who are as followeth :


The First Warde.


Aldermen. David Schuyler,


Assistants.


Evert Banker.


Hend. Oothout, Anthony Coster.


Assessors. Constable. Dirk vander Heyden.


William van Ale,


Johannis Gerritse.


Evert Wendel Jr., Collector.


The Second Warde.


Aldermen.


Assistants.


Johannis Cuyler,


Gerrit Roseboom,


Johannis Roseboom.


Abraham Schuyler.


Assessors.


William Jacobse,


Constable. Hend. ten Eyk.


Gysbert Marselis.


Isaac Verplank, Collector.


The Third Warde.


Aldermen. Assistants.


Hend. Hanse,


Frans Winne,


Johannis Mingael. Ruth Melgertz. Constable.


Assessors.


Harpt Jacobse, Jacob Gerritz. Lansing.


Gerrit Ryckse.


Daniel Ketelyn, Collector.


Myndert Roseboom, high constable. Anthony Bratt, citty treasurer.


For Canastagione.


Claes Gerritse, constable. Maes Ryckse, assessor. Eldert Ouderkerk, collector.


Jan Christianse, Cornelis Tymese, path masters.


For ye Half Moon. David Ketelheyn, constable. Jan van Ness, assessor. Roeloff Gerritz, pathmaster.


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Att a Mayor's Court held at ye Citty Hall of Albany, yº 26th of October, 1703 :- Present, Johannis Schuy- ler, mayor, Hend. Hansen, Johannis Cuyler, Johan- nis Roseboom, Johannis Mingael.


Mr. Mayor being this day sworne, whereupon Mr. Albert Ryckman ye late Mayor, delivereth into ye custody of ye present Mayor ye following deeds and written property, belonging to ye Citty of Albany, vizt: Copy of ye Patent for ye Colony Rensselaerswyk, dated Nov. 4, 1685. The Charter of ye sd Citty, dated ye 22d of July, 1686. The Transport of Peter van Brugh, dated ye 23d of Nov. 1697. Together with a Dutch and English patent thereof formerly to his father, Joh's van Brugh. The Patent of Schakkook, dated ye 29th March, 1698, together with Transport of ye same from Hend'k van Rensselaer, dated ye 8th of August, 1699.


Att a Common Councill, held in ye Citty Hall of Albany, the 26th of October, 1703.


Whereas by ye Returns of Aldermen, Assistance and Assessors, &c., returned on the 14th of this Instant, so entered herein, wee fynde that Mr. Abraham Cuyler is by ye majority of voy:es returned for one assistant, who be- ing sent for, doth appear in Common Councill, and re- fuseth to take on that service, and forasmuch as by our Citty Charter, a fyne by ye Mayor, Aldermen and Assist- ants can be imposed upon any such person or persones so refuseing, not exceeding ye summe of five pounds. The which being put to ye vote, ye Commonality are of opin- ion that ye said Abraham Cuyler shall pay as a fyne for such Refuse, ye summe of five Pounds currant money of this Province. Ordered that a warrant be issued to ye Constable to give warning to ye Inhabitants of ye second warde for a new election of one Assistant, on ye 27th In- stant, at 3 o'clock in ye afternoon, and yt forthwith re- turn of sd Election be made.


It is further resolved that a warrant be issued for ye re- ceiveing of said five pound fyne.


Oct. 27 .- Whereas severall Inhabitants of this Citty doe presume to sell strong drink by retaile without Ly-


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cence, to ye disadvantage of her majesty's Interest, and ye welfair of this Citty, wee do therefore hereby publish . and declare that no person or persones shall retaile any strong drink within this Citty and County without ye Mayor of ye Citty's lycence therefore, upon pain and pe- nalty of forfciting as a fyne ye summe of five pounds for each offence, as ye act of General Assembly directs.


Whereas yesterday in Common Councill a fyne of five pounds was layd upon Abraham Cuyler for refusing to take ye service of an Assistant upon him for ye ensuing year, who now appears in Common Councill and desyres they will be pleased to abate some part of ye sd fyne, being willing to pay three pounds; ye Commonality considering ye matter, doe discharge ye said Cuyler for ye said summe of three pounds.


The Commonality have appoynted Stephanus Groes- beek, Ryer Gerritse, Warner Carstense, Hendrik ten Eyk, Evert Janse, and Jacob Bogart, fyremasters for ye ensuing year, until ye 14th of October, 1704, and doe or- der them forthwith to goe round ye Citty and vew ye Chimneys, and whosoever's Chimney as shall be found unclean shall forfeit 3s for each offence.


Nov. 9 .- It is by ye Commonality resolved that Ruth Melgertse, assistant, doe agree with some fitt persones and see them make batteries and close up ye vacancies of ye Cittyes Stockadoes, with all speed, at ye Cittyes charge, wherefore ye sd Ruth Melgertse as overseer is al- lowed 3s. per day.


Dec. 4 .- It is resolved by ye Commonality that an as- sessment of 200 load of fyre wood be layd and assessed upon ye Inhabitants, &c., of this Citty, for ye Burger Guards, and ordered that a warrant be issued to ye as- sessors of this Citty for that purpose, as also to make an assessment upon sd Inhabitants of 1600 load of sand to fill up ye Burying Place of this Citty, and to make return of ye sd assessments unto Mr. Mayor, under their hands and seales, on or before ye 7th instant December.


Dec. 13 .- Anthony Bratt, by his Petition to ye Com- monality, humbly prays, since Mr. Hendrik Roseboom, late Sexton of this Citty, deceased, that they will be


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pleased to appoint him to attend and doe ye service of ye said office of Sexton in such manner as ye same lately did appertain unto ye said Roseboom, and to graunt him ye like Perquisites thereof. The Commonality, takeing ye said Petition into consideration, have granted yd said office of Sexton of ye Citty together with ye Perquisites thereof, unto ye said Bratt, in such manner as ye same was given and graunted unto ye said Roseboom, always provided that John Rateliffe shall yet continue in ye service of that of- fice and receive such perquisites thereof for digging of graves as he did in ye time and being of ye sd Mr. Rose- boom deceased.


Pursuant to ye late Resolution of ye 4th Instant ye as- sessors have given in an assessment of 800 load of wood for fuel to ye Burger Blockhouse, ordered that ye same be directed to ye Constables in each warde of this Citty to give warning to ye Inhabitants that the said wood be ride to ye said Blockhouse in ye space of three times 24 hours, upon forfeit of 18d for each load of wood they shall be found neglecting, and that ye sd wood when it shall be ride, must be entered by Hend. ten Eyk, or else not ac- counted for, which service of ye sd ten Eyk, who is to keep an exact account thereof, shall be allowed 15 shillings.


February 15, 1702 .- Whereas ye time approaches yt ye hoggs keep by ye Inhabitants of ye Citty, unless prevented, will Rutt up and spoyle ye Commons of this Citty, these are therefore to publish and prohibite that no person or persones whatsoever within this Citty or thereunto ad- joyning shall suffer or lett their hoggs runn out on ye Commons belonging to ye said Citty without Ringed with Iron wair in all and every of their noses, in ye space of thrice twenty-four hours, upon penalty of paying as a fyne 4s currt money before such after taken up hath been twice twenty hours in ye custody of ye sheriffe, who is to sue for ye same, and if longer in his custody ye owner of sd hogg or hogs, great and small, shall pay ye charge for keeping them, together with ye sd fyne before they be Released.


March 28, 1704 .- It is resolved that a warrant be is- sued to ye assessors of ye Citty of Albany, to make an es- [ Annals iv.] 17


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timate of ye Estates within ye limits of ye Citty aforesaid and to deliver ye same under their hands and seals unto Mr. Mayor, on or before ye 18th of April next ensuing, to ye end that ye summe of fifty pounds be layed and assessed from ye Inhabitants aforesaid.


The humble Petition of Anthony Sybrant van Schayck of ye said Citty, Glasier, humbly sheweth :


That whereas there lays a certain small Lott of ground opposite to ye hinde part of your Petitioner's Lott of grounde on ye south side of ye Rutten Creek to ye west of ye Lott of ground belonging to Capt. Myndert Schuyler, to ye north of ye highway, and to ye east of ye said Creek, it lying only convenient to ye Petitioner.


Your Petitioner doth therefore humbly pray your wor- shipfull Commonality to sell unto your Petitioner ye said small Lott of ground, wherefore your Petitioner is will- ing to pay a reasonable Price for ye same, and as in duty bound shall ever pray, &c. ANTHONY VAN SCHAYCK.


The Commonality after a vew of said Lott of ground have bargained and sold unto the said Anthony Sybrant van Schaick ye said Lott of ground from ye sd Creek south- warde to ye highway by y“ ruttenair [?] bridge, bounded east by Capt. Myndert Schuyler, and west by ye said Creek, that for ye summe of four pounds tenn shillings, with costs of drawing and recording ye transport, which when deli- vered he is to pay the money.


April 19 .- According to resolution on y" 28th of March last, yº estimate from ye assessors of this Citty is here produced, and after vewed is approved off, amounting to 2704 lb., whereupon is layd 4gd per lb., ordered that a warrant be issued to ye Treasurer for ye due collecting thereof before ye first day of May next ensuing.


April 25 .- The humble Petition of Patrick McGregory souldier and Inhabitant of this Citty, humbly sheweth: That your Petitioner having formerly been admitted as a porter in this Citty and for some time past has not been Implyed as such, your Petitioner prays your worshipfull to admit him a sworne porter for the said Citty, there being now but one, which if granted will be a great relief to your Petitioner's poor ffamily, &c.


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The said Patrick McGregory is permitted and appointed to be second porter of the said Citty accordingly.


The humble Petition of Melgert Melgertse, of the Citty aforesaid, gunnstocker, humbly sheweth :


That whereas there lyes a certain parcell of ground with- in the bounds of this Citty, and on the north side of the Citty aforesaid, on both sides of the Vossen Creek, ad- joyning on the west of the pasture belonging William Gysbertse of the sd Citty, Carman; [for which the peti- tioner was willing to pay a reasonable price; but his peti- tion was rejected. At the same meeting William Gys- bertse applied for the same lot, and was also refused.]


The humble petition of Joh. Cuyler and Joh. Harmensen Visscher for themselves and for the rest of the Inhabitants of the Parrel street, beginning from your Petitioners south- ward to the house of William Claessen Groesbeek, and opposite to the house of his father Claes Jacobse Groes- beek included in the second ward of the sd Citty, sheweth: That a certain spring of water, coming out of the ground without the gates of the said Citty, towards the hills, just under the foot of the former burying place for severall years heretofore, was layd by gutters under y^ ground in a well then erected in the said street, which gutters and well afterwards were spoyled, and since the necessity of water absolutely is required in case of fire, in the said Citty, and other uses for the Inhabitants aforesaid. Your Petitioners doe therefore humbly pray your worshipfull in Common Councill as aforesaid, to permit unto your Petitioners the Layding of the said water Spring down- wards to a convenient place near or about the gate of the said street, for the use as aforesaid, and that the Charges thereof may become to ye sd Citty, if your wor- shipfull shall think it reasonable, otherwise the sd Inha- bitants shall Bare the same, &c.


JOHANNIS CUYLER. JOHANNIS HARMSE.


The aforesaid Petition being read in Common Councill have granted the Leading of sd Water for the uses therein expressed, and that the Charges shall become to the In- habitants of the aforesaid street, who are willing to con- tribute to the same, and that the placing of such a new


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well shall be regulated by the Commonality of the said Citty.


May 9 .- Upon severall Complaints to the Common Councill, it is Ordered that an Address be made to his Excellency to sett forth the difficultys ye Inhabitants of this Citty lye under for want of a due payment of their Debts due to them from the souldiers of this Garrison.


To His Excellency Edward Viscount Cornbury, Capt. General and Commander in Cheeffe of ye Province of New York, and Territories depending thereon in America.


The humble Adres of the Mayor, Aldermen and Com- monality of ye Citty of Albany in Behalfe of themselves and other ye Inhabitants of ye sd Citty, humbly sheweth : That the Inhabitants of this Citty, upon the Creditt of your Excellency's Order to ye officers of this garrison, at your departure last from this Citty, directing them to give the Souldiers Creditt for necessary Provisions, in pursuance of which direction the said officers have past their notes to be paid out of the first pay that should come to this Garrison, and where severall other of the Inhabitants out of a just reguard to ye service of her Majesty have Credited ye Souldiers with severall Necessarys and Provisions, to support them under difficulty of a severe and tedious win- ter, so that indeed the best part of the money in arreare to the Souldyers is from them become due to ye Inhabit- ants. And the Inhabitants of this Citty, not ye Souldiers, ye present sufferers, who for want of the same in a gene- ral Circulation, find extream Difficultys even in paying their very Taxes. Nor can we ommitt acquainting your Excellencys that Capt. Weems, at his arrivall, bringing with him a month's pay for ye two companys, upon ye people carrying in their notes, utterly refused to deduct any part of the money from ye men, affirming that he could not do it out of so small a payment. And a further Danger seems to attend us. In report of ye pay behind, severall of the Souldiers so indebted being deserted, and by experience wee have found that dead men and deserters are generally in their officers' debt. So that wee humbly hope from you Excellencys goodness such orders and in-


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structions to ye Commanding officers of each Company as may be for ye ease and security of ye Inhabitants of this Citty forcing us to give your Excellency this trouble, by their reitterated complaints to us.


FRANS WINNE,


JOHANNES SCHUYLER, Mayor,


HEND. OOOTHOUT,


HEND HANSEN, Alderm'n,


GERRIT ROSEBOOM,


JOHANNIS CUYLER,


ANTHONY COSTER,


JOHANNIS ROSEBOOM,


RUTH MELGERTSE,


This Addresse is ordered to bee sent to His Excellency. May 22 .- It is Resolved that ye Citty Stockadoes layd and assessed on ye Inhabitants &c. of this Citty, on ye 8th of December, 1702, which were wanting to be sett up on ye first of May, 1703, must be sett up by ye freeholders and inhabitants of ye respective wards of this Citty, on ye 29th of this instant May, and in case any of ye said free- holders and inhabitants be found neglecting in delivering their quotas of said Stockadoes, according to ye taxt lists, shall pay as a fine for each stockadoe wanting, ye summe of 18d currant money, and by distresse to be levied by ye sheriff on his or their goods and chattels forthwith, and ye neglecter still obliged to deliver ye same before the 31st of this instant, upon penalty of forfeiting ye like fine in manner as aforesaid; further however if ye sd freeholders and inhabitants as shall be found unwilling or neglecting after warning given to appear to make up said stockadoes on the 29th of this Instant shall forfeit a fine of six shil- lings for each day so neglecting, to be levyed and for ye Behooffe of ye other Inhabitants as worke.


The Commonality being informed that Egbert Teunise and Dirk Bratt have Infenced a Lott of ground belonging to ye Citty, scituate, lying and being on y' north side of y' Citty, and on ye south side of y' lott of grounde belong- ing to y' widow of Jacob ten Eyk, whereupon ye Com- monality thought fit to send for them. Dirk Bratt ap- pearing in Commonality, the Mayor told him yt yº Com- monality have Resolved to give them warning to take downe said fence again, before y^ first bell ringing for y? Mayor's Court tomorrow morning, otherwise that a war- rant shall be issued out for ye taking down of ye same.


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The 23d of May a warrant is directed to Jacob Turke, high sheriffe, to take two sufficient persones to his as- sistants, and forthwith to break down y" said fence.


May 23d .- It is by ye Commonality concluded and agreed, that Robt Livingston Jun. shall be payd yearly by y" Commonality of ye sd Citty of Albany, or their orders, the summe of £5:12s, for his service in attending ye said Commonality and supplying of paper, which sellary is to commence from y^ 14th of June, 1703, until further plea- sure. To whom y" following oath is given, vizt:


You swear that you will a true minute keep of ye Mayors Court and Commonality of y" Citty of Albany, and of ye meetings of y" Justices of ye Citty and County of Albany aforesaid, by noteing the Resolutions respectively when thereunto by them required, that you will also keep a true Record for ye said Citty and County, during the time you shall remain in that office, and be careful of such publick books and papers given you in trust, accord- ing to ye best of your knowledge and understanding, so help you God.


The Petition of Anthony Bratt, whereby he as Sexton desyres to be discharged of all publick charges, in like manner as his predecessor, Mr. Hendrik Roseboom decd, was excused, being read, y" Commonality considering y" matter, doe not allow anything thereby requested.


Jacob Turke Esq., high sheriffe, requests that ye Pro- clamation relateing y' Indian Trade may be renewed in such manner that two-thirds of ye fines be for him, and y" other half for the Citty, which is graunted accordingly, and ordered that ye following Proclamation be published :


Att a Mayor's Court held in the Citty Hall of Albany, the 30th of May, 1704 :- Present, Johannis Schuyler Mayor, David Schuyler, Johannis Roseboom, Johan- nis Cuyler, Johannis Mingael, aldermen; Hend. Oot- hout, Anthony Coster, Abraham Schuyler, Gerrit Roseboom, Ruth Melgertse, assistants.


Whereas ye Mayor, Aldermen and Commonality doe make pretention to a small streak of grounde, scituate, lye- ing and being within ya fence and on ye south side of ye


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lott of grounde belonging to Paulus Martense, which y? Commonality now doe sell unto y" sd Paulus Martense, wherefore ye sd Martense promiseth to pay ye summe of three pounds currant money of this Province (when a re- lease thereof shall be delivered him), together with the Charges in drawing said Release, &c.


Whereas ye sd Commonality doe likewise make pre- tention to a small stroak of ground within ye fence of Mr. Albert Ryckman, which they likewise doe sell unto said Ryckman for y" summe of three pounds currant money of. this Province, which ground is situated on y" north side of ye sd Ryckman's Lott of ground opposite to yº Citty Hall of Albany, for which summe of money ye sd Com- monality are to give Release of sd ground by ye Rect there- of, provided the sd Ryckman pay y" charges for drawing sd Release, &c.


Mr. Mayor proposes the building of a Market House within the Citty, the which being put to ye vote, it is Resolved, that a Market House shall be erected on the midst of the way in y" Jounker street, opposite to ye lane between y' house of Maj. Dirk Wessels and Evert Wen- del Sen'r, at ye Citty's charges, and that ye Mayor of sd Citty, as being Clarke of y Market, doe order that the same be forthwith erected.


Att a Common Councill held in the Citty Hall of Al- bany, the 23d day of June, 1704.


Resolved, that ye Persons who are neglecting in rijding their full quota of Citty Stockadoes, since ye resolution on ye 22d of May, 1704, shall be Ride and sett up, vizt : ye neglectors on ye first warde from ye Blockhouse by ye Citty Hall northwarde, where ye old Stockadoes now stand; ye neglectors of ye second warde and third warde, where ye Stockadoes stand behynde Mr. Mayor's, on or before ye first of July next ensueing, upon penalty of for- feiting as a fyne ye summe of 3s for each Stockadoe as shall then be wanting, for ye Behooffe of ye sd Citty.


It is by ye Commonality concluded and agreed, that James Parker, marshall, shall be payd yearly by ye Com- monality of ye sd Citty of Albany, the summe of £3 cur-


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rant money of this province for his service in attending ye sd Commonality and ye Mayor's Court, and for supplying fyre and candlelight in their meetings, which sellary is to commence ye 14th June, 1703, untill further pleasure.


July 25 .- Resolved, that those men come with Capt. Higby be quartered out in publique housen, Daniel Kelley ten at 3s 9d each for every week, and John Collison the remainder of those come up, for the same price as before agreed to be paid within ten days after the said soldiers be removed.


August 1 .- Resolved, that the Constables doe take their turnes upon the sabbath day to inspect all the Ta- vern keepers within the Citty, that all Indians & Negroes found in any Tavern as aforesaid, that such Tavern Keeper so found to draw any Strong Liquer whatsoever to any Negro or Negros, Indian or Indians, whatsoever, upon the Sabbath Day as aforesaid, shall pay as a fine for each such Default the summe of 6s, for any such Indian or In- dians so found, and for the Negros according as the acts of Assembly directs. It is also Resolved, that the as- sessors make an assessment on the Inhabitants of the said Citty, for £30, for defraying the Citty Debts, within the space of twice twenty-four hours, and make their returne thereof by the Mayor.


To his Excellency Edward Lord Viscount Cornbury, Capt. Generall and Gov'r in Chiefe in and over the


Provinces of New York and East and West Jersey.


The humble address of the Mayor, Recorder, Aldermen and Commonality of the Citty of Albany, sheweth :


Whereas Capt. Higby is arrived here ye 15th July last with nineteen souldiers under his command, for her Maj's service on these fronteers, and whereas ye said souldiers have no subsistence but what is ordered by your Excell : Petitioners, although the Province is obleadged to supply the Provisions thereof, since wee your Excell : Petitioners can procure no further Provisions for the same.


Wee therefore your Excell : Petitioners humbly submitt that care may be taken in the premises, and your Peti- tioners as in duty bound shall Ever Pray.


August 8,-The Commonality being desyreous to know


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what instructions Capt. Higby hath received from his Excellency relateing ye posting ye Detachment on ye fronteers of Albany, which Capt. being desyred here doth appear. Producing his Instructions it appears that at ye Half Moon is to be posted 20 men


Schinnechtady, 20


Canastagioene, 20


Kinderhook, 20


Stonearabia,


10


Greenbush, 10-100 men in all. September 5 .- It is by ye Commonality concluded that a Proclamation shall be Proclaimed that no staeks of hay or straij shall be sett within this Citty on any person or persones yard, nor any stables erected on ye front of any high streets in said Citty, nor that any dung shall be turned out upon ye said streets, upon penalty of forfeiting ye summe, of 15s and obliged to remove ye same in ye space of thrice twenty-four hours, for ye Behooffe of ye sheriffe, who is to sue for ye same.




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