Nathaniel Bradstreet Shurtleff.

Records of the governor and company of the Massachusetts bay in New England : Printed by order of the legislature online

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Online LibraryNathaniel Bradstreet ShurtleffRecords of the governor and company of the Massachusetts bay in New England : Printed by order of the legislature → online text (page 26 of 77)
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majestjes legittimate subjects. of foot compa.

*4. That, in the 12"^ capitall lawe, 'if any conspire,' &6, 'against our [*513.]
comonwealth,' ' comonwealth ' may be expunged, & ' against the peace of this , J°^'^°^f ^j^
his maj'y^ colony ' be incerted instead of y= other. majT colony,'

be mcerted in

5. That, in page 21, title Coiu-ts, it maybe expressed that the GeneraU roomeof 'com-
Court, &(3, is y* cheife ciuill power of this colony (not comonwealth) vnder ™™conrt
his majesty. under his

maj'T, y cheife

6. That, in page 22, the 2'' part of sect 4, about any publick messuage power of y col-



212 THE EECORDS OF THE COLONY OP

166 5. or negotiation be explajned in propper terms^ beseeming one of his majestjes
' ^ "^ colonjes.

insteed of '^' ^^^^' ^^ V^S^ ^'^ ' ti*l^ Eclesiasticall, the first proviso extend no further

comon wealth, then these words: 'vnless they shall acquaint the magistrates where they
& ne^otirtions i^^teJid to joine ; ' the rest to be left out, & the 2* sect to be wholly left out.
to be in proper g. That, in the 13"" sec?, title Constant Preachers be w'^out Offence, the

termes as to

one of his phrase of ' councill of state ' may be altered, care taken that the lawe be not
^^ °"^ ■ a ©iudice against those that are ministers according to y" church of England.

Extent of y« ■'^•' ° o J o

proviso in ec- 9. That, in page 28, the latter part of sec? 14, by ' open renouncing their

cleasiasticall ,, . , ., -jiir

law &c. church estate, &c, or vpon some other such groundlesse conceite, be leit out ;

Y' in tit. for those who returne to the church of England ought not to pay a fine for so

preachers y«

words 'councill Q-Oing.

teed^*& c'Tre^'i ^^" '^^^*J ^^ ^^^ ^^ P^g^j there ought to be inserted & ordejned to be

ministers of tept the 5"" of Nouember, & the nine & twentjeth of May, as dajes of

church of Eng- ,-.. ir»^i. ' r i*d

land he not thanksgiving ; the first for the miraculous preservation of our king & country
P'J" >■'' ■ from the gunpowder treason ; the second for his majestjes birth, miraculous &

None to pay a _ _

fine for return- happy restauration to his crownes vpon the same day ; as also the thirtieth of
of^En^i''- ^'^ January a day of fasting & praying, that God would please to avert his judg-
A proposaii for ments from our nations for that most barbarous & execrable murder of our

3 anuall day, 2 ^ . r^T t t tt

thanksgivings, late soueraigne, Charles the lirst.

5u>Novemb for n ^^^ ^^^^ ^^^ i^^^^^ j of that see?, ' shall forfeit for his absenc from

ye pouder plot,

29 May y« eueiy such meeting five shillings,' may be left out, or provided that it be not
&c & 30 Jan. preuidiciall to any person who is a member of the church of England, &
dayhumiiha- ^u^gjy attends Gods seruice accordinscly.

tion,&c. ■' ° -^

Either y= poen- 12. That, page 30, it be escheats are only due to his maj'^, who cann

alty for absence ^. ^f ^-^^^ ^^ ^^^^ ^^ pleaSCth.

irom church *^ ^

assembly to be 13. "Wee are satisfied w"' repealing the lawe whose title is Fishermen,

left out, or y' it

p'judic. noty the first section.

^ ^"^t ° ^^' '^l^^t, page 33, ' none be admitted freemen but such as are members

church of Eng- of Some of the churches w*in the limitts of this jurisdiction,' may be ex-
land.
Y'itbeconsid. Plained, & com^hend such ^ are members of y« church of England.

y escheats be- 15. That, page the same, the poenalty for keeping Christmas, being

long to y" king . . i j. ^ o

only. directly against the lawe of England, may be repealed.

men repealed, ^^' That, page 34, hsrcsy & error ought to be declared w*'^ more cau-

satisfjes, &c. tion & a salvo to the church of England & the members thereof.

y'y°raleof _ °

admission to 17. And that that clause in the sajd lawe, ' their lawfull authority to make

p'land, &^ex-' ■'^arr,' be meant only of the kings ; for this colony hath only power, for their



tend to mem-
bers of church



speciall defence & safety, to make a defensive warr by their charter.



of EngK 18. That, page 36, sect 9, the law ag' Quakers may be so restreined that



THE MASSACHUSETTS BAY IN NEW ENGLAND. 213

they may quietly passe about their lawful! occasions, though in other cases 166 5.
they be punish*. " v

19. That, page 38, title Jesuits, ' the state of England or ourselues 'be , ^^ ^^^^^o"-

_ ° Y' y« poenalty

expunged, & ' in unity w*^ his maj'^ ' inserted. for Christmass

\\a rGncn.lcQ.

20. That, page the 40*S the lawe for setling the Indians title to land may being ag' r'
be explained, for it seemes as if they were dispossessed of their land bv Scrip- '"^ °^ ^"^^*'

■*■ J r Heresy i: error

ture, which is both against the hoiior of God & the justice of the king ; yet, in to t=e better
Gene 1=', 28, ' subdue the earth ' is but ffiouivolent to ' haue dominion ouer the -r,, ,, ' '

^ Y' authority to

fish of the sea ; ' in Gene 9, 1, ' replenish ' relates to generation, not husbandry ; '^^'^^ "'^'"'' ^e

-n 1 1 IT f 1-11 c meant y" kings.

m Psa 115, 16, ' children of men ' comprehends Indians as well as English ; & y' y colony by
no doubt the country is theirs till they give it or sell it, though it be not im- j ^^f ''"f °""

prooued. fenciue warr.

*21. That, page 59, title Comittee to presse Souldjers, care to be taken [*514.]
that his mai*y' authority be not hereby lessened, but y* his warrant or coinand Q""Kers

"' •' J ' J jnay pass & re

may be obeyed heere as in all other his dominions. pass on yir oc-

, casions, the

22. That, page 61, title Money, the law y' a mmt house, ScQ, be re- punisht other-



wise.



pealed ; for coyning is a royall prerogatiue, for the vsurping of which y* act ''^^'

Tit. Jesuits to

of indemnity is only a salvo. be amended.

23. That, page 66, in the title to the law Powder, ' the goQnm* of ' may be '^^t '"""^^ ^°\

' t: o ' i a J setting y» title

changed into 'his majesty,' or y* preface left out. tolndjansiand

___ , . ■ 1 f-ii ■ 1 . 4. 1 - to be explaind.

24. Wee are satisfied that the 2* secti, title Ships, being ag' the act oi ^^ ^^^ ^^
navigation, is repealed. "= "^j'' ="^-

° ' -^ thority be not

25. That, page 73, title Strangers to be succored, that the law comp>- lessened in
hends not such as flye from his majestjes justice in England. ^jj^^,^' ^.5^°"

26. There is no power in the charter to incorporate w'** other colonjes, Y«y« law about

•• 1111 ij.i-1' y mint-house

nor to excercise any power by that association : both belongs to the kings ^^ repealed,

oreroo-atiue. If there be any other vndecent expressions & repetitions of the *"•

i- o ^ J . , Y»ygoa»'of

word ' comonwealth,' ' state/ & the like, in other pages, wee desire they may England be

J changed into

be changed. his ^ajw, &c.

EICHAED NIGCOLLS, Satisfaction in

law of ships re-

EGBERT CARE, peaied.

GEORGE CARTWRIGHT, Such as fly

from his maj'y

SAMUELL MAUERICKE. justice not to

be succored

May 24, 1665. here.

To the Generall Court of his majestjes colony of the Massachusets.

The Court also sent vnto the coinissioners two writtings, w'" a map of
their bounds. The words of the writings are as foUoweth : —



214 THE RECORDS OF THE COLONY OF

1 665. Gentlemen : —
~~ "' " Wee haue sent heerewith sent jow a map of the lands wee conceive to be

May session. , - , , . n r J^

The Court granted vs by our charter. Our southerly hmitts are vncontroverted, (so tarr
sends y couiis- as wee know ;) & as yourselues are pleased to expresse some pretences &

sio's y map of i • • i • i,

y«ir bounds, de- clajmes Wee know are made again^ our northerly Ijne, m relation whereto wee
readiSsT shallbe ready when euer yow please, by wrltting or conference with yourselves
m-iting or con- & other gent" concerned therein, to declare the grounds & reasons of our

ferenc to man-
ifest J" reasons clajme, & of our excercise of gouernment there for so many yeares past, to

KoQ»"liere^ °° *^® ^^^ J^^ maybe enabled to sattisfie his majestje of the true state of the
*^- controuersje, if no other expedient he found, to mutuall satisfaction.

By the Court. EDW: EAWSON, Secre?.

Boston, May 24'S 1665.

To the Hono^ble Col Richard NicoUs & y= rest of his majestjes coinis-
sioners.

Courts other "Whereas his majestjes hono^-''^ coinissioners haue enformed this Court

tion™oM'Tiio' *^^^*' ^"^ Thonias Deane hath exhibbited a complaint to his majestje of some
Deans com- injustice clomie to him & other his majestjes subjects who joyned w''' him in

plaint, &c.

endeavoring to procure the execution of that act of Parljament when the
Charles of Ouerrooiie came into this port of Boston about the yeare 1661,
and that in the carriage thereof they did not receive that countenance of some
who were then in authority as they ought to doe, & were in plajne termes
denjed justice, w* reproaches, for requiring the same ; in refference whereto
his majestje hath manifested his will & pleasure that his abouesajd coinissioners
should examine the whole proceedings in that case, & that vpon full delibera-
tion & examination thereof they cause justice to he donne, & such reparation
to be given to the sajd M' Thomas Deane & the rest that joyned w"' him in
the prosecution of that busines, as vpon the merrits of the cause & by virtue
of the sajd act of Parliament they ought to receive.
Courts order to This Court doe therefore order, that warrant be issued forth by the

Deane & others Secretary to suinon in the abouesajd M' Thomas Deane to appeare before the
to appeare be- Court now sitting, at nine of the clocke on the morrow morning, to make out

fore y Court

27 instant, to the trueth of his complaint & the grounds thereof; & that his majestjes hon""*'"
mounds' of his comlssioiiers haue notice given. them by the secretary, that so according to his
compl', &5. majestjes "coiiiand to them they may vnderstand the grounds of the sajd com-
plaint, & justice shall be donne accordingly.

By the Court. EDW: RAWSON, Secre?.

Boston, 26"^ May, 1665.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 215

*A true copie of this act was signed & deliuered to the Honble Colonell 166 5.
Eichard NiccoUs & the rest of his majestjes comissioners the same day, & y» " "> '

■t 1*1 T -1 May session.

same day warrant also issued out accordingly, a coppy whereof ffolloweth : — r*fci k i

L 51&.J

rr Til T-v Notice giuen

10 ihomas Deane, merchant, of Boston, & also to Thomas Kellond, of sajd to the comis
Boston, merchant, & such others as are concerned w"' them : — sioners.

Warrant to M'

Yow are hereby recLuired, in his majestjes name, to make your personall xeUold.
appearances before the Generall Court now sitting in Boston, on the 27"' of
this instant May, at nine of the clocke, to prosecute & make out the truth of
yo'' complaint & the grounds thereof in relation to the ship Charles of
Ouerroone, that so justice may be donne yow therein, hereof not to faile.
Dated at Boston, 26 May, 1665.

By the Court. EDW: RAWSON, Secret.



Wherevnto the comissioners repljed in the ifoUowing words, viz' : —

Gentlemen : — Comissioners

After your interruption of our intentions to haue proceeded in the case ^<^"P^y-

1% m • • Declfl-rins y' v*

of M"^ Thomas Deane, cum socijs, according to his majesties coinission & par- courts inter-
ticcular instructions therein, w* wee must conclude to be a violation of his maies- "^""''"^ ^^^ '"'

•^ tencons to be a

tjes authoritje to us comitted, wee could not haue imagined that yow would haue violation of Ms

- ,.., 1-1/-1 n nify''' authori

assumed to yourselues the hearing oi the same case wherein the uouerno'' & ty, &c.
Company are impleaded, w'='' is an vnheard of practise, & contrary to all the ^' Ty could

not imagined

lawes of Christendome, that the same persons should be judges & partjes. yi y comt

Wee hope you will, Vpon better considerations, alter your resolutions, I'""^ assume
especially since his maj'^ hath so expressly directed to vs to examine the T hearing M'

Deanes case,

whole proceedings in that cause, to the end that justice may be donne. &c.

Wee doe, therefore, in his maiesties name, declare to the Generall Court, *'°P^ ^^^^

' ' J •> ' ' ,vill, on better

that it is contrary to his majestjes will & pleasure that the cause should be ex- consideration,

iiltcr Y'^'rGsolu."

amined by any other Court or persons then ourselues, who are by his majestys ^^^^^ ^jr
comission the sole judges thereof, who haue already taken the matter into Declaring y«m-

selues to be

consideration. sole judges



EICHAED NICCOLLS,

EGBERT CARE,

GEOEGE CAETWEIGHT,

SAMUELL MAUEEICK.
May 26% 1665.

To the Generall Coiu-t of his majestjes colony of the Massachusetts.



therein.



216 THE RECORDS OF THE COLONY OF

166 5. Boston, the SO"" of May, 1665.

May session. j^ narrative of the case of John Porter, Jun.

Courts narra-
tive of John John Porter, Junlo"", the sonne of John Porter, of Salem, in the county-
Porter, Jun., T , , « o J*
case. of Essex, in New England, yeoman, being about thuty yeares ot age, & ot

His prodigaffi- sufficient capacity to vnderstand his duty vnto his superiors, according to the

ty, riotuously

spending his fifth comandment, but he, being instigated by the divill, & his currupt heart
a ersesae. ^gg^-j.^^.^ ^^ j.^^ iezxe of God, did not only prodigally wast & riotuously

Rann in debt, j i: a ^

was impris- expend ahout fewer hundi-ed pounds of money & goods coinitted to him by
his fathers his ifather, for his improouement in two vojages to the Berbadoes, & so for
fremds reieast. ^jigja^^^ where by his euill courses he ran himself further into debt, (& was
there imprisoned, from whence being relieved by the charritable asistance of
some fi'reinds of his ffather,) all which debts his father did voluntarily dis-
At his returne charge. After this, returning to New England, his parents entertejned him
home, reed w«> ^^j^ ^^^^ ^ tendernes as their eldest sonne, & provided for him was was

10116^ vL X16C6S*

saryes provid- expedient & necessary. All these things haue been clearely demonstrated to

ed for him.

the Court; hut notw"'standing the sajd John Porter, Jun, did carry himself

very perversly, stubbornely, & rebelliously towards his naturall parents, who

are persons of good repute for piety, honesty, & estate.

Vilely ahnsing He Called his father theife, lyar, & simple ape, shittabed. Ereq^uently he

reprochfuU threatiied to burne his fathers house, to cutt doune his house & barne, to kill

names, threat- jjjg c^tle & horses, & did w**" an axe cutt doune his fence seuerall tjmes, & did

ning to cut

doune his Set fire of a pyle of wood neere the dwelling house, greatly endangering it,

house, kill his •, . .^ • . i

catie, seting a ^'emg neere thirty roads.

pile of wood on jjg called his mother Eambeggur, Garnar Shithouse, Gainar Pissehouse,

fire.

In unheard of Gainar Two Shooes, & told hir her tongue went like a peare monger, & sayd
reproachfuil gj^g ^^^ ^^ rankest sow in the toune : & these abusive names he vsed

names abusing

his mother. frequently.

His reviling He revjled M' Hauthorne, one of the magistrates, calling him base, cor-

maj'Hathome. ^^^^ fellow, & sajd he Cared not a turd for him.

He beat his He reviled, & abused, & beate his fathers servants, to the endangering

fathers ser- » , , . ^ » ,

vants. '^'- tne lite ot one ^ them.

[*516.] *He was prooued to be a vile, prophane, & coinon swearer & drunkard ;

He was he attempted to stab one of his naturall brethren. All which things are

prooue a yar, pj.QQ^g^ \yj ^^ oathes of sufficient wittnesses vpon record.
=''■''> '*^'^- In this vile & vnsufferable course he continued seuerall yeares, but more

compraine's of especially the two last yeares, sixty two & sixty three. At length, his father,
him to author- Jq ^t^q sevLce of his sonnes wickedness & incorrigiblenes, & the dayly danger

ity to y Court _ _ o ' J J b

at Salem, & by of himself, his estate, & family, by his meanes, sought releife from authority,



THE MASSACHUSETTS BAY IN NEW ENGLAND. 217

first more priyately, which was ineffectual!, & afterwards more publickly, be- 16 6 5.
fore the County Court held at Salem, & by that Court was comitted to the house '~"~>^ '

« . _-.-,, May session.

ot correction at ipswich, where he was kept some time ; & afterward, being ^^^ ^^^^^ ^^^^
set at liberty, did persist in his former wicked course, & being agaiiie com- *° y' ^°^^^ °^

1 • (• 1 1 correction, sett

plajned of by his father to the sajd Salem Court the fower & twentjeth of the at liberty, p'-
ninth moneth, 1663, where his offences being found to be of a high nature, he ^^f '°s '" ^^^

' ° o > Tile courses,

was coinitted to prison at Boston, there to remajue for a triall at the Com-t of ™^ 5™* *°

prison at Bos-

Asistants, where he was called to answer vpon the fowerth of March, 1663. ton in order to
The complaints against him, the sajd Porter, were produced, the witt- J^ t'^'f A ' t-
nesses brought face to face, & his charge prooved ; also, his oune naturall ='"*^-
father openly complajned of the stubbornes & rebellion of this his sonne, & ^gi t^^^ ^^^^
craued justice & releife against him, being ouer pressed therevnto by his vn- ^°°^ *° ^^^

•^ u i J f^^g^ notw"^

heard of & vnparrelled outrages before named. Vnto w"** complaints the sajd standing his
John Porter, Jufi, had liberty to answer for himselfe. He impudently denied ni^u of some,
some things, others he excused by vajne pretences, & some he ouned, but gaue "'
no signe of true repentance ; whervpon the sajd Court proceeded to give sen- Courts sen-
tence against him, the suine whereof is, to stand vpon the ladder at the gal- ^^^^^^ ^^ y,
lowes, w"^ a roape about his neck, for one hower, & afterwards to be severely ^^^^^^ i hower

' '^ at y gallowes,

whipt, & so coinitted to the house of correction, to be kept closely to worke, be seuereiy

11 ^^ ■ n 1 Tvhipt, comit-

w* the diet of that house, & not thence to be releast w"^out speciall order ^^^ („ y. house
from the Court of Asistants or the Generall Court, & to pay to the country as f ™"f *^™'

■^ "^ & fined 200".

a fine two hundred pounds.

If the mother of the sajd Porter had not beene ouermooved by hir tender Had y motber

. , joyned w*^ his

& motherly affections to forbeare, but had joyned w* his father in complajnmg f^ti^er, he had
& craving justice, the Court must necessarily haue proceeded w*^ him as a ^T *„y_*
capitall offendo'^, according to our law, being grounded vpon & expressed in
the word of God, in Deut 22: 20, 21. See Capital Lawes, p. 9, sect 14.

This notorious offendo', John Porter, before his sentence was fully exe- He escapes out

. . -_ „ of prison.

cuted, found meanes to make an escape out of the prison in iioston, & pre- ^^^^.^^^ ^is
sented himself before three of his majestjes honorable coinissioners then at majT comis-

sio's, com-

Warwicke, w"" complaints of injustice, vnto whom they granted a warrant, piaines of in-
vnder their hands, for a hearing of Ms case at Boston, before themselues, the ],"^*''|if°"''^
eighth of May, sixty fiue, & in the interim granted him protection against all They granted

o J ■' him a hearing

authority, officers, & people, as by the copie of y» sajd warrant may more tuliy „f his case & a

protection, &c.

appeare.

This warrant & protection, so granted, coming to the cognizance of the & did not tv«-

* " ^ , draw it, the de-

Generall Court, they comend the consideration thereof to the gentlemen his si^^s of the
majestjes coinissioners, which were all fower mett together at Boston, the ^3.°°
third of May, 65, w* the sence of the Generall Court had thereof, viz', that it

VOL. IV. PART II. 28



218 THE KECORDS OF THE COLONY 01'

1665. was an act greatly infringing tlie priuiledges of our charter, & derogatory to

''^ > ~^ his majestjes authority here established, which thing was seuerall times

May session. ... . , . , , , . • i- i

nlooued by writing & conference vnto the sajd gentlemen his majestjes Jion-

much to the ofble coinissioners ; but they were not pleased to w'^'drawe their warrant &

■weakning y" . . , ,

hands of au- protection, which tendeth much to the emboldnig & encouraging such no-

°" HE ^"h torious malefacto''^, & weakening the hands of lawfull authoritje in the preser-

notorious mal- yation of the peace of his majestj'es good subj'ects heere, & discharge of their

efactors.

dutys in suppressing of such horrid evills amongst vs.

By the Court. EDW: EAWSON, Secre!.

'■' *A narrative of the Generall Court of his maj'^ colony of the Massachusetts.

Courts declara-
tion in y case

of M' Deane. As a reply to the complaint exhibited to his maj''^ in the case respecting

Charles of OQr- '^ Thomas Deane: In the yeare 1661, about the moneth of July or August,
roone arrived, tl^ere arrived in the port of Boston Jacquis Pepin, merchant, in the ship

James Pepin,

rn'ch', seeking Charles of Ouerroone, who desired trade, but was denjed it, in compljance
denyd. ' ^"^ ^^ ^^'' °^ ''^^ Parljament of England, though at that tjme not in force as

to execution. The sajd Pepin therefore departed this harbo"', w"' his ship &
Dep'> r« juris- goods, out of the aforesd port, & so out of this jurisdiction. Some certaine
weekes after, a smale vessell belonging to Boston, Richard Patteshall, master,
his company all Englishmen, arrived in Boston from Monhegin w"^ seuerall
sorts of European merchandize, the which vessell was boarded by one Thomas
Kirke, marriner, & other seamen, by meanes whereof there was like to haue
been a disturbance of the peace, the sajd Kirke hauing no comission or war-
rant for the same, nor had he or any desired a warrant of the Gouerno'', nor
any other authority here ; but afterwards some of them repaired to the Gou-
erno'', who, vpon the allegations they made, there being a question made by
them concerning the goods, though so brought in & challenged by the wife
of Joshua Scottow, who had consigned them to hir.

Order was taken for the securing of the goods, in order to the answering
their complaints after, vpon the desire of whom the Gouernor called a speciall
Court for the hearing of the case, w"*^ Court being mett for that end, the par-
tjes complajnig excepted against a trjall by jury, being an admiralty case,
though they had desired a speciall Court for responding the goods, as by their
letter of 17"^ September appeares : therevpon security was taken to double the
value : the triall of the case was referred to the Generall Coui't, at which
Court M' Kirke ' & M'^ Deane appeared, & by petition desired, that by reason
of some of the complainants, who were concerned in the case, & had the
papers, were not present, the case might not come to the trjall at that time,



THE MASSACHUSETTS BAY IN NEW ENQLAND. 219



May session



wHch was granted them, & the case referred to the next Generall Court after, 1665.
■where the defendant did attend ; but none of the complaynants appeared to pros-
ecute the case, & so it fell ; this Court not hearing any thing of it since vntill
the sessions of this present Court, from his maj'^^ honorble coinissioners, who
gaue it in one of their papers, that complaint had been made thereof vnto his
majesty, that there was a neglect by the authority here of doing justice in the
case, wherevpon the Generall Court then sitting sent for the sajd M' Thomas
Deane, the 27"^ May, 1665, giving him & others an opportunity to declare the
grounds of their complaint to his majesty, tendering him justice wherein any
wrong donne vnto them might appeare, hauing before signified to his majestjes
hone''''''' commissioners this Courts desire, that they would be present w"' them
to heare the sajd case. Deane & Kellond appearing, the Gouerno"^ in the name
of the Court declared, as aboue expressed, the grounds of the Courts sending
for them ; wherevnto the said Deane replied, i. e. : ' Wee know not at any time,
to any person, that euer we detected any Court of this country, & how his



Online LibraryNathaniel Bradstreet ShurtleffRecords of the governor and company of the Massachusetts bay in New England : Printed by order of the legislature → online text (page 26 of 77)