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next being the tenth day thereof, and all writts and other process
issued for those Courts intended to be houlden on the 13*^ day of
June and on the first day of August shall be returnable on the tenth
day of Octob"" next as aforesaid, Giuen und'' my hand this iS"* day
of July 1665 — Charles Caluert

Comand Henry Banister of S* Georges Planter that justly a"^ he
keepe w*^ Patrick fForrest of S' Georges aforesaid the Couenant &'^
of one hundred acres of land parcell of the manno*" of Westbury in
S' Marys County w"" the appurtenances &^.

Philip Caluert

And the Agreem' is such that whereas Thomas Stone hath bar-
gained and sold unto the said Henry Banister Two hundred acres
of land parcell of the manno*" of Westbury Lying aboue the path [p. 49]
that leades from Cap' Price his plantacon to Rob* Jones his planta-
con in S' Marys County the said Henry Banister hath acknowledged
the moyety of the said two hundred acres w**" the Aptiices to be the
Right of the said Patrick fiforrest as those which the said Patrick
fforrest hath of the Guift of the s'' Henry Banister, and the same he
hath remised & Quitt Claimed from him his heires Executo""* Ad"
and Assignes to the aforesaid Patrick fforrest his Executo""® Adm*^
and Assigns for and during the tearme or time of ninety nine yeares
from the 31*^ May 1664 to be Compleate & ended And further the
said Henry Banister hath Granted for him his Executo" Adm" and
Assignes that he will warr*^ to the aforesaid Patrick fiforrest his
Executo*"* Administraf* and Assignes the aforesaid One hundred



466 Provincial Court Proceedings, 1665.

Liber F F acres w"" the aptiices ags* him the said Henry Banister his Executo"
Administrate" and Assignes to the full end and terme of ninety
nine yeares as aforesaid, And for this remise Release & quitt Claime
the said Patrick fforrest hath giuen to the said Henry Banister the
sume of Eleauen hund"^ pounds of tobacco Henry Banster

Taken & acknowledged
att S* Marys this 26*''
day of July 1665 before
me Philip Caluert

July 27'" Then came John ffoxhall and desires that this ensueinge paper may
be recorded which he deliuers into the Office thus
July 2f^ 1665
This day came John ffoxhall of S' Marys County and in Clements
manno"" merch* and entred a Caueat against the Estate of Thomas
Wylde of Caluert County Docter and carurgine lying and dying at
Richard Smyths in Leonards Creeke in the said County for Two
thowsand pounds of tob : and Caske due from the said Wylde unto
the s^ ffoxhall.

Tho: Vaughan returnes his writt of summons, Executed And
warned ffrancis Moggs and Thomas Boston to testifye in Causo
into the L*^ Prop'' and Reymond Staplefort —

[p- so] Cecilius &'^ : To all Persons to whome these p''sents shall come
Greeting in Our Lord God Euerlasting; Know yee that Wee for
diuers good Causes and Consideracons Vs thereunto mouing, and
more especially for that Isaack Allerton gen' and Dame Elizabeth
his wife Relict and Administratrix of Symon Ouerzee late of
s* Johns in the County of Saint Marys deed : hath remised released
and for Euer quitt Claimed Granted surrendred and Confirmed vnto
Vs and Our heires as he the said Isaack Allerton and Elizabeth his
wife Doe by these p''sents Remise Release and for euer quitt Claime
Grant Surrender and Confirme vnto Vs and Our heires all that her
Joynture and Dower and all that her right and title of Joynture and
Dower and all the Estate Right Vse poss°" interest and demand
whatsoeuer which she the said Dame Elizabeth had or w''*' he the
said Isaack now hath or which he or she may or ought hereafter to
haue in or to all and singuler the manno''^ lands Tenements and
Hereditam'® in Charles County or S' Marys County or else where
w^^'in this Prouince of Maryland, which were the manno" lands
Tenements and hereditam*^ of the said Symon Ouerzee dec<^ haue
demised Granted and to farme lett all that moyety of the Remainder
of those ffreehoulds called Steep side and the ffells due to the said
Ouerzee and lying in Charles County aforesaid Containing by Esti-
macon six hundred acres To haue and to hould the same to him the
said Isaack Allerton his Executo" and Administrato'"'' to the full



Provincial Court Proceedings, 1665. 467

end and ternie of One and twenty yeares from the day of the date Liber FF
hereof fully to be Comijleate and ended, Yeildinj^' and paying there-
fore yearely unto Vs and Our heires at our Receipt att s* Marys att
the two most Vsuall fifeasts in the yeare (uizt) att the fifeast of the
Anunciacon of the Blessed Virgin Mary and att the ffeast of
S' Michaell the Archangell by euen and equall porcons the rent of
twelue shillinges sterling or the full ualluc thereof in such Comodi-
ties as wee and Our heires or such officer or officers appointed by
Vs or our heires from time to time to Collect and receiue the same
shall accept in discharge thereof att the Choice of Vs or Our heires [p. 51]
or such officer or officers appointed by Vs or O*" heires as aforesaid,
Prouided allwayes that he the said Isaack Allerton doe by the fiue
and twentyth day of March next ensueing the date hereof sufficiently
plant and fence in One Orchard Conta : two hundred Apple and peare
trees uppon that the moyety of the ffreehould bought of Lewes and
lying in Charles County aforesaid and the same during the whole
terme of twenty one yeares aforesaid sufficiently keepe fenced, Pro-
uided allsoe that he the said Isaack Allerton doe some time before
the twenty fifth day of Decemb*" next giue sufficient security the
same Orchard soe fenced and planted as aforesaid. Together w**^ all
howses Edifices buildings Barnes and stables whatsoeuer by him
to be built uppon the p''misses, in sufficient repaire to leaue att the
end & expiracon of the terme aforesaid, Giuen att s' Marys und"" the
greate seale of Our said Prouince of Maryland this thirde day of
March in the Two & thiretyth yeare of Our Dominion Ouer Our
said Prouince of Maryland Anno(5 Domini One thowsand six hun-
dred sixty three, Wittnes Our Deare Sonn and heire Charles Caluert
Escp Our Leiutenn* Generall of Our said Prouince of Maryland.

Charles Caluert

Then John ffoxhall ctct writt ags' Dauid Driuer & John Corbyn August 23"
in an accon uppon his Case to the uallue of yyii^ tob :

Warr' to sherrifife of S* Marys County to arrest &'^: Ret: 10*
October next Prouin^" Court &'^ —

To the Hon'''^ the Gouerno'' & Councell of the Prouince of Maryland

The humble pet" of Jn° fifoxhall Sheweth

That Dauid Driuer and John Corbyn in the County of S* Marys
in the prouince of Maryland Taylors stands endebted by Bill unto
yo"" pef in the sume of seauen Thowsand seauen hundred and [p. 52]
Eleauen pounds of tobacco for Goods bought of the said ffoxhall.

Now soe it is that yo*" pef understanding of the said Dauid Driuer
and John Corbyn theire intencon to depart out of this prouince his
humble request is that yo"" Honno*^® would be pleased to Order the
said Corbyn & Driuer to put in Good and sufficient security for sattis-
faccon of the aforesaid debt And he shall pray &"



468 Provincial Court Proceedings, 1665.

Liber F F George Lingan 3cis writt ags' Thomas Sprigge in an accon uppon
Sep' II j^jg (^ggg ^Q j.j^g uallue of 2400* tob :

Warr* to sherf of Caluert County s*^ to arerrest dated ut supra
Ret: lo"" Octob"" next Prouin^" Court

To the Hon*"'^ the Gouerno'' & Councell

The petition of Geo : Lingan Humbly sheweth
That whereas yo*" pef being und'' sherriffe To M'' Tho : Sprigge
late High sherrifife of Caluert County, & the Agreem*^ that was made
betweene the said Sprigg & yo'' pef was this, that the aforesaid
Sprigg was to allow yo"" pef One thirde of all ffees and salarys that
were due to the aforesaid high sherrifife as by Condicon will more
att large appeare, Now soe it is that there was an Execucon serued
upon the Estate of M*"* Mary Bateman to the uallue of One hundred
thirety nine thowsand nine hundred seauenty and one pounds of
tobaccoe, & the said Sprigg denying to allow yo*" pef his part of the
fifee Therefore yo*" pef Craueth Redress of this Hon*"'^ Bench w'''
Costs of suite And he shall pray Sc^ :

Sep' 15'" W" Hemsley ^s writt ags* Jonathan Sibrey & Edw*^ Jones in an
accon of Trespas to the uallue of 6000"* tob :

Warr* to sherf of Kent to arrest &'^ : Ret : lo**" Octob"" next Pro-
uin^" Court :

To the Hon'''^ the Gouerno'' & Councell of the prouince of Maryland
Kent ss. W" Hemsley Complaineth ags* Jonathan Sibrey and
Edward Jones for that the said Jonathan Sibrey and Edward Jones
[p- 53] in or about the month of August last past in Kent aforesaid the boate
of the said William Hemsley to the uallue of Two thowsand pounds
of tobacco & One of Barrill of Corne in her prouided for the neces-
sary sustenance of his seruants during the Cropp to the uallue of
One hundred pounds of tobacco by force and Armes did take and
carry away and the same boate and Corne from thence unto the
howse of Edward Coppige of Kent aforesaid did Carry and there
detayneth & other Enormityes to him the said Hemsley they Ofifred
ags' the peace of his Lorctp, To the greate damage of the said W™
Hemsley, whereupon he saith he is dampnifyed and hath damage
to the uallue of six thowsand pounds of tobacco, And thereupon he
bringeth his accon s*^ : —

Sep' if George Lingan cMs writt of summons for Tho : Truman inter
Causo ditto Lingan & Tho : Sprigg upon perrill &'^ :

Sep' 15"" W™ Hemsley ^s writt of summons for Christopher Denny &
Henry Gooddrick in ditto Causo inter ditto Hemsley and Jonathan
Sibrey and Edward Jones uppon perill of forfeiting 500"* tob : each
p''son if they apeare not



Provincial Court Proceedings, J 665. 469

W" Boarman (trts writt ags^ Marmaduke Snow in an accon uppon Liber FF
his Case to the uallue of ffowrty thowsand pounds of tobacco — ^'^^ '5

Warr' to sherriffe of S* Marys County to arrest &*^. Ret: lo*''
Octob*" next Prouin"" Court —

VV" Boarman (T?ts writt of summons in ditto Causo for James Ditto die
Bowling and Samuell Dobson, uppon pcrill of forfeiting 500**' tob :
each p'"son if they appeare not

Cap' William Boreman Complaineth against Marmaduke Snow in
an Accon upon his Case, For that whereas the said Marmaduke Snow
by a Certaine Deed or Instrument bearing date the 22''' day of
Nouemb"" anno 1664 under the hand and scale of the said Snow, And
this Complain* wherein and whereby the said Snow did lett to farme
unto the Complain' a Certaine Tract of land Called Westwood Man- [p. 54]
no"" scituate in S* Marys County Together w*'' the howsing and
Orchard thereunto belonging and the benifitt of th^ Milch Cowes
thereupon for and during the full terme of One whole yeare or to
the end or finishing of this ensueing Cropp from the day of the date
of the aforesaid writeing. all which will by the said writeing more
amply appeare the which the Complainant hath due to produce unto
this Court : And the Complain' being bound by the aforesaid write-
ing to p''forme seuerall Condicons, as by the same will likewise ap-
peare being for & in Consideracon of the aforesaid farme, And the
Complainant hauing in all thinges fullfilled and Complied w**" the
aforesaid Obligacon on his parte to be Obserued kept done and
p''formed as farr forth as hath been heitherto possible for him to
doe And whereas he the said Marmaduke Snow is by the aforesaid
writeing Bound to defend this Complainant ags' all p''sons what-
soeuer for the quiet and peaceable posson of the aforesaid land dur-
ing the tearme of the farme aforesaid And the Complain' hauing by
uertue and Culler of the aforesaid deed or writeing into the afore-
said parcell of land, together w''^ the p''misses thereunto belonging
Entred & possession thereof taken, and hauing imployed seuerall
seruants upon the said land and thereon pitch* a Considerable Crop
of Tobacco and Corne and being at greate & infinite Cost labour and
trouble about the same since his Entry into posseson as aforesaid
and did Conclude that he should haue reapt the benifitt of his laboure
as in reason and Justice he ought, but he the said Snow him the
Complain^ onely minding & Intending to Cheate Couzin and defraud
hauing noe power or right to lett the said land to fTarme. because it
was neuer his Either by purchase or Right or Law, as hee pretended
it was, soe that the Complainant soe that the Complainant in or neer
about the first day of June or the last day of May this p''sent yeare
1665 or neere thereabouts and att some other time time or times in
the months of either July or August This p''sent yeare 1665 was [p. 55]
by the said Snows Neglect dishonestly Cheating Cozining false
lying and Collusiue meanes, Out of the aforesaid land or Manno'



470 Provincial Court Proceedings, 1665.

Liber FF and howsinge aforesaid Throwne forced and Ejected, and he the
s"^ Snow part of the Milch Cowes afiforesaid from the said land man-
no"" or plantacon hath Contrary to the tenor of the aforesaid Deed
or writeing sometime in the month of May last past taken and droue
away —

Wherefore the Complainant hath been Constrained, for the p''ser-
uacon of the Corne and Corne and tobacco planted on the said land
aforesaid by fowre seru** and one fifreman and One Ouerseer be-
longing to the Complain*, To agree w*^ M"" Thomas Gerrard Ouer
and aboue w* he was to pay or allow the said Snow for the Occupa-
con of the said land, the which he hath allready made good fine
thowsand pounds of tobaccoe and Caske —

Therefore the Complain* is now totally depriued of the benifitt
and profifitt of his laboure & paines takeing : and of the Consideracon
giuen the said Snow for the Enjoym* of the said land according to
the tenor of the aforesaid Deed or agreem' And the more especially,
Because the said Snow doth deney to giue the Complain* any sattis-
faccon att all for his greate damage susteyned in an about the
p''misses —

Therefore the Complain* saith in fact that he dampnifyed by the
said Snowes Base unworthy Cheateing Cozenning and Collusiue
meanes to the uallue of fTowrety thowsand pounds of tobb: and
Caske, and for the same Craueth Judgm* of this Hon*''^ Court ags'
the said Snow and for his Cost of suite &" :

Sep* 20'" Reymond Staple fort d^s writt ags* Jn° Bayley in an accon upon
his Case, to the uallue of 25010"' tobacco and 536 : 9 : 2 : ob : of New
England money —

Warr* to sherf : of Caluert County to arrest arrest &*^ Ret: lo""
Octob'' next Prouin^" Court —

To the hon^''= the Gouerno'' & Councell of Maryland, In Prouinciall
Court Assembled —
[p-S6] Th^ humble pet" of Reymond Staplefort Sheweth

That Whereas John Bayley stands endebted to yo'' pef in the
surhe of twenty ffiue thowsand & tenn pounds of tob : and Caske as
allsoe is farther endebted to yo'' pef the sume of fine hundred thirety
six pounds nine shillings and two pence halfe penny of New England
money, being disbursed by yo*" pef for the use of the s*^ Bayley when
the said Bayley and yo'' pef were Copartners in trade as by book &
receipts more att large doe appeare —

That the said sume of 25010"* tob: w* Caske as allsoe the sume
of 536:9:2^ of New England money hath been often times de-
manded by yo'' pef from the said Bayley who as yet hath refused to
make any sattisfaccon to yo'' pef of the aforesaid debt



Provincial Court I'roccedinfjs, 1665. 471

Wherefore yo'' pef humbly prayeth Order of this Hon*''* Court Lif.)«-FF
ags' the s'' Bayley for the debts aforemcnconed, together w'*^ dam-
ages and Cost of suite And yo"" pef shall pray s*^ :

Then Came Bryan Daylcy and Knters these marks of Cattle as Sep' 21'*
followeth —

For EHoner Keeting Cropt on the left Kare and 2 slitts; the right
eare underkeelld: and Ouer Keel'd —

For Mary Keeting Cropt on the left Eare and 3 slitts : the right
Eare underkeelld w^'' a hole in it, & the tipp of the Eare Cutt of —

For his owne Childe by name Bryan Daley Cropt on the right Eare
and 2 slitts thereon the left eare underkeeld and a hole & Cropt

For his owne proper marke w*^'^ was long since ctct. to M"" Gittings
to be recording but nothing appeareing, hee againe Enters it as f oTt :
Cropt on the left eare and 2 slitts the right eare Cropt, and under-
keel'd and a hole in it —

Marmaduke Snow (Ms writt ags' W"" Boreman In an accon uppon [p. 57]
his Case to the uallue of six thowsand fiue hundred pounds of tobb : S^'^?

Warr*^ to sherf : S' Marys County to arrest &.'^ :
To the hon'''^ the Gouerno'' and Councell of the prouince of Maryland

S' Marys ss. Marmaduke Snow of Mattapenny gen*: Complain-
eth ags' W™ Boreman of S* Marys County gen': for that the said
Boreman hauing bought of the pTt^ nineteene head of Cattle (uizt)
fifiue steeres One Bull two Cowes two Heifers nine yearlings for the
sume of six thowsand fiue hundred pounds of tobacco as by a write-
ing und'' the said Boremans hand doth appeare by wdiich the pTt :
saith he is endebted to him the sume of six thowsand fiue hundred
pounds of tobacco as aforesaid, the which said sume of six thow-
sand fiue hundred pounds of tobacco the said Boarman utterly re-
fuseth to pay Contrary as he humbly Conceiues to law and Justice,
Whereupon he bringeth his accon and humbly prayeth Order of this
Hon*"'^ Court for speedy paym' thereof And he shall pray

W" Smyth dcts writt ags' Sam" Reape in an accon upon his Case Ditto die
to the uallue of tenn thowsand pounds of tobaccoe —

Warr* to sherf: S* Marys County to arrest &"=. Ret: lo''^ Octob''
next Prouin"*" Court —

W" Smyth of S* Marys County Innhoulder Complaineth ags*
Samuell Reape of the same County Boate wright, for that whereas
the said Sam Reape by his deed under his hand dated the iS"" day
of Nouemb'' 1664 did then Couenant w"" the said W"" Sm_\1:h to
build him the said Smyth a Certaine flatt bottome boate according
to such proporcons and Dimensions, and by a Certaine time as is [p. 58]
more att large in the said deed exprest for which the said Sm\th hath



472 Provincial Court Proceedings, 1665.

Liber F F long since according to th*= tenor of the said deed paid a Considerable
part and is ready uppon performance to pay th'' remaind"" yet neuer-
theless he the said Reap him the said Smyth onely minding to Cheate
Cozin and defraud of the benifitt of the said Agreem' which hee
according to Justice and equity ought to receiue thereby, hath
heitherto neglected and utterly refused the aforesaid deed and Coue-
nant to make good, the which on his part by uertue of th^ aforesaid
deed he stands Obleiged to performe. Wherefore the said Smyth sayth
in fact, that he is really through and by meanes of the said Reapes
neglect Refusall fraud and deceipt, dampnifyed to the uallue of tenn
thowsand pounds of tobaccoe & Caske The Consideracon of the
p''misses the Complainant humbly referrs to the graue Judgm'^ of this
Hon*''^ Court and humbly Craueth the benifitt of this accon and
Judgm' ags* the said Samuell Reape, for his performance of Coue-
nants and for his dammage susteyned as aforesaid and Cost of suite —

Ditto die Dauid Anderson by his Attorney 3(Js summons for Elizabeth Emer-
son and Thomas Knight to testifye in Causo inter Hen: Hudson
pTt : and ditto Anderson defen* upon perill of forfeiting 500"' tob :
each person in Case they appeare not according to summons, on the
10*'' Octob'' next Pro^" Court Summons to she? of Charles County
to summons Si^ :

Sep' 29'" W" Boarman tMs summons for John Pille to testifye &'^ in Causo
inter ditto Boarman ptt : & Marmaduke Snow def ' in an accon upon
his Case to the uallue of 40000"' tob : and to bring w*^ him that Ob-
ligacon (now in his Custody) betweene the said ptt: and def^ Con-
cerning this suite uppon perrill of forfeiting 500"^ tob : in Case he
appeare not according to summons —

Summons to sher. S* Marys County Ret: 10*^ Octob'" next

[p. 59] These are in the name of the Rig* Hon^'^ the Lord Proprietary of
Octob' 2" this prouince to will & require yo'" to summons William Boarman
and Thomas Innis to make their p'"sonall appearance att the next
Prouin''" Court to be holden att s' Marys on the 10*'' instant there to
giue Euidence on the behalf e of the Lord Prop"" ags* Tho: Courtney
for breach of his lops peace, & this in noe wise Omitt yee und"" the
penalty of 500 tob : and then & there returne this writt. And for soe
doeing this shall be yo"" warr* Giuen und*" my hand this 2^ October
1665 Philip Caluert

To the sherriffe of S' Marys County
Or his Deputy —

Ditto die issued another sumons for Henry Darnall & W™ Smyth

to testifye on behalf e of the Lord Prop'' ags^ Tho : Hamper Vt supra —

The same for Cap* Rob* Troope to testifye ut supra ag* Courtney



Provincial Court Proceediiifjs, 1665. 473

These are in the name of the Ri{?* Hon'''' the Lord prop' to will & Lib<rr F F
require yo"^ to arrest the Body of Thomas Hamper and him in safe
Custody keepe untill he shall g\m in sufficient security to appearp hy
himself e or his Attorney att the next Prouin^" Court to be houJden
att S' Marys on the 10**' instant there to answere unto such thinj^es
as shall be objected ags* him on the behalf e of the Lord prop' for
unlawfully rideing of a mare belonging to W"' Smyth and for breach
of his lops peace, And for soe doeing this shall be yo' warr' Giuen und'
my hand this 2^ Octob' 1665 Philip Caluert

To Andrew Robinson Constable

in Petuxent riuer neer

back Creeke

the same issued uerbatim mutatis mutandis for Thomas Courtney Diuodie
directed to Tho : Hatton Constable s*^ —

The aboue said sumons for Rob' Troope was directed to the >^her-
riffe of Charles County

James Strowd ctcts writt in Chancery for Thomas Bennitt to ap- (p.6o|^ ^^
peare next Prouin"" Court on the 10*'' instant to answere &'' und"" the ^° *
penalty of lOo'* sterling.

To the honn*^'^ the Gouerno'' Chancello"" And Councell of the Prouince
of Maryland
Humbly Complaining sheweth unto yo*" Honn" yo' dayly Orato""
James Strowd of Herring Creeke in the County of S' Marys in the
Prouince of Maryland Boate wright that whereas about the month of
May 1663 Thomas Bennitt was seised in his Demesne as of fee. of &
in one plantacon Cont : 150 acres of land Comonly Called & knowne
by the name of Smootes plantacon lying in the said Herring Creeke
and being thereof soe seized, the said Thomas Bennitt for & in Con-
sideracon of the sume of six thowsand pounds of tob : to him the
said Bennitt att seuerall times to be paid and fowre thowsand fiue
hundred pounds thereof allready in hand paid did on the 14''' day of
May 1663 fully freely & absolutely alien grant bargaine & sell unto
yo' said Orato'' his heires &• assignes for Euer the said plantacon of
150 acres of land w*'' all buildings fencings Orchards & Comodities
w*soeuer to the same belonging to haue & to hould the said land &
p'misses to yo"" said Orato' and his heires for Euer to the only \'se
of yo' said Orato' his heires & assignes for Euer, as by a wr},-ting und'
his hand more att large appeareth But now soe it is may it please yo'
Honno'^ that att the time of the making of the said wryting yo' said
Orato' being unskillfull and ailtogether ignorant in the law Concern-
ing Just titles to land did verily thinke he had A good title thereunto
which now by the aduice and instruccons of his freinds doth plainely
to him appeare to the Contrary. And notw"'standing that this Comptt :
hath sundry times as well by himself e as by diuers others sent & come



474 Provincial Court Proceedings, 1665.

Liber FF to the said Thomas Bennitt gently requirmg him to make yo'' said
[p. 61] Oraf further Conueyance & assurance of the said land, By fine to be
leauyed & acknowledged before yo"" Honno''*, that a fine thereof might
haue been leauyed to the proper use and behoofe of yo*" Orato"" & his
heires for Euer, att the sole Charge in the law of yo*" said CompTt :
yet that to doe hee the said Tho Bennitt hath heitherto refused &
denyed & yet doth deny and refuse to doe the same Contrary to all
equity & Justice to the manifest deceiting & disinheriting of yo""
Comptt : of & in the said plantacon except speedy remedy be in due
time prouided to preuent the same

Wherefore th^ p^'misses Considered & for as much as yo"" said
Orato" hath noe direct accon by the Comon law to Compell the said
Bennitt to assure unto him this Comptt : the said plantacon according
to the said Bargaine thereof Itt may please yo*" Honno" the p'"misses
Considered to grant unto him this Comptt : his lops writt of subpa to



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