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what had passed in Conference in the presence | place; sir John losing place, his majesty did of his Majesty and his Council:

The king said, He would be president himself. This attendance renewed the remembrance of the last, when we departed with such admiration. It was the voice of God in man : the good spirit of God in the mouth of man. I do not say, the voice of God, and not of man. I am not one of Herod's flatterers. A curse fell upon him that said it: a curse on him that suffered it. We might say as was said to Solomon, We are glad, O king! that we give account to you, because you discern what is spoken. We let pass no moment of time, until we had resolved and set down an answer in writing, which we now had ready. That sithence we received a message from his majesty by Mr. Speaker, of two parts: 1. The one paternal. 2. The other royal. 1. That we were as dear unto him as the safety of his person, or the preservation of his posterity. 2. Royal, that we should confer with his Judges, and that in the presence of himself and his council.That we did more now to king James than ever was done since the conquest, in giving account of our judgments.' That we had no intent, in all our proceedings, to encounter his majesty, or to impeach his honour or prerogative.

This was spoken by way of preamble by him you employed.

meet us half-way. That when there did arise a schism in the church between a Pope and an Antipope, there could be no end of the difference until they were both put down.

Upon this Report, a motion was made, That it might be done by way of warrant; and therein to be inserted, That it was done at the request of the king and was further said, (as anciently it hath been said) That we lose more at a Parliament than we gain at a battle. That the authority of the committee was only to fortify what was agreed on by the house for answer, and that they had no authority to consent.—It was further moved by another, That we should proceed to take away our dissention, and to preserve our Liberties; and said, that in this we had exceeded our commission; and that we had drawn upon us a note of inconstancy and levity. But the acclamation of the house, was, That it was testimony of our duty, and no levity. So as the question was presently made."

Quest. Whether sir John Fortescue and sir Francis Goodwin shall both be secluded, and a warrant for a new writ directed? And upon the question resolved, That a writ should issue for a new choice, and a warrant directed accordingly.

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A motion made, That thanks should be presented by Mr. Speaker to his majesty, for his presence and direction in this matter; and thereupon ordered, That his majesty's pleasure should be known, by sir Roger Aston for their attendance accordingly.

How to report his majesty's Speech he knew not; the eloquence of a king was inimitable. The King addressed himself to him as deputed by the house, and said, He would make three parts of what he had to say. The Because it hath been conceived by some, cause of the meeting was to draw to an end that sir Francis Goodwin being the member the difference in sir Francis Goodwin's Case. specially interested, it were fit he should give If they required his absence, he was ready; testimony of his liking and obedience in this because he feared he might be thought inter- course : being dealt withal to that end, he writ ested, and so breed an inequality on their part. his letter to Mr. Speaker; which, before this fle said, That he would not hold his Prero-question made, for better satisfaction of the gative or honour, or receive any thing of any house, was read in these words: or all his subjects. This was his magnanimity. Sir; I am heartily sorry to have been the That he would confirm and ratify all just Pri- least occasion either of question between his vileges. This his bounty and amity. As a majesty and that honourable house, or of inking, royally: as king James, sweetly and kindly terruption to those worthy and weighty out of his good-nature.-One point was, Whe- causes, which by this time, in all likelihood, ther we were a Court of Record, and had had been in very good furtherance: wherepower to judge of Returns. As our court had fore, understanding very credibly, that it power, so had the Chancery; and that the 'pleased his majesty, when the committees last court that first had passed their judgment attended him, to take course with them for a should not be controlled.-Upon a surmise, third writ and election for the knightship of the and upon the sheriff's return, there grew a county of Buckingham: I am so far from diderence. That there are two powers. 1. giving any impediment thereunto, that conPermanent: the other, transitory. That the trariwise, I humbly desire his majesty's direc Chancery was a confidenciary court to the use tion in that behalf to be accomplished and of the parliament during the time.-What-performed. So praying you, according to spever the Sheriff inserts beyond the autho-such opportunity as will be ministered, to give rity of his mandate, a nugation. The parlia- 'furtherance thereunto, I take my leave, and ments of England not to be bound by a sheriff's return. That our Privileges were not in question. That it was private jealousies without any kernel or substance. He granted it was a Court of Record, and a Judge of Returns.' He moved, That neither sir John Fortescue, nor sir Francis Goodwin might have

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rest yours, most assured to be commanded, FRA. GOODWIN. Westminster, 11 Apr. 1604.'

Die Jovis, viz. 12 die Aprilis. ~ A motion made, That Mr. Speaker, in behalf of the house, should pray access to his majesty, and present their humble Thanks for his graci ous presence and direction, upon the hearing of

sir Francis Goodwin's cause; which was as sented unto; and sir Roger Aston, a servant of his majesty's bed-chamber, and one of the members of the house, was presently appointed to know his majesty's pleasure; which he did accordingly; and returned, That his majesty was willing to give them access in the gallery at Whitehall, at two o'clock in the afternoon, the same day. Thereupon a Committee was named to attend Mr. Speaker to the king, with a general warrant to all others that should be pleased to accompany them.

Die Veneris, viz. 13 die Aprilis. Mr. Speaker returneth to the house the effect of his Message of Thanks, delivered the last day in the name of the house to his majesty; as also his Majesty's answer, viz. "That he related to this house the humble and dutiful acceptation of what his majesty had done, together with the humble thanks of the house for his zealous and paternal delivery of his grace unto us, by his own mouth: what wonder they conceived in his judgment, what joy in his grace, what comfort they had in his justice, what approbation they made of his prudence, and what obedience they yielded to his power and pleasure. That his direction gave all men satisfaction. That they were determined to pursue the course he had prescribed. That now they were become suitors, he would be pleased to receive a representation of the humble thanks and service of the house."

His majesty answered. "That upon this second access, he was forced to reiterate what he had said before. That this question was unhappily cast upon him, for he carried as great a respect to our privileges as ever any prince did; he was no ground searcher; he was of the mind that our priviicges were his strength: that he thought the ground of our proceeding was our not understanding that he had intermeddled before we had decided: that he thought also we had no wilful purpose to derogate any thing from him, for our answer was a grave, dutiful, and obedient answer. But as the devil had unhappily cast this question between them, so he saw God had turned it to two good ends and purposes. One, That he knew, and had approved our loyalty. Another; That he had so good an occasion to make testimony of his bounty and grace. That as we came

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to give him thanks, so did he redouble his thanks to us. That he had rather be a king of his subjects, than to be a king of many kingdoms."

The second part of his Speech directed to the Lords and Us, "That this Parliament was not like to be long: that we would treat of such matters as most concerned the Commonwealth; and the last, of any thing that concerned himself. Three main businesses in our hands. 1. The Union. 2. Sundry public and commonwealth-Bills. 3. Matter of religion, atid reformation of Ecclesiastical discipline. For the Union, that it might be now prepared, and prosecuted the next session. That Union which with the loss of much blood could never be brought to pass, as now it is. That the better to bring it to pass, we should be in affections united. That we should first with all care proceed in such laws as concern the general good. That all heresies and schisms might be rooted out, and care taken to plant and settle God's true religion and discipline in the church. That this wish above all things was at his death to leave, 1. One Worship to God. One Kingdom entirely governed. One Uniformity in Laws. Lastly, That his occasions were infinite, and much beyond those of his predecessors; and therefore that in this first parliament we would not take from him that which we had yielded to others. That in his affections he was no ways inferior to others, nor in his desire to ease us."

The Warrant for a new Election of a knight for Bucks, read and allowed in this form :

'Whereas the right honourable sir John Fortescue, knight, Chancellor of his majesty's Dutchy of Lancaster, and sir Francis Goodwin, knight, have been severally elected and returned knights of the Shire for the county ' of Bucks, to serve in this present parliament: upon deliberate consultation, and for some 'special causes moving the commons house of parliament, It is this day ordered and required by the said house, That a Writ be forthwith awarded for a new election of another knight for the said Shire: And this shall 'be your Warrant.'

78. The CASE of MIXED MONEY

Directed, To my very loving friend, sir George Coppin knight, Clerk of the Crown in his majesty's High Court of Chancery.'

in Ireland, Trin. 2 JAMES I.

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than this Mixed Money, according to the rate and valuation that it had, at the time of the tender; and this Resolution was certified by them to the Lord-Deputy, and the certificate

coined in the Tower of London, and transmitted this money into this kingdom, with a Proclamation, bearing date 24 May, in the 43d year of her reign, by which her majesty declared and established this Mixed Money, immedi-entered in the Council-Book. And in this ately after the said proclamation, to be the lawiul and current money of this kingdom of Ireland, and expressly commanded that this money should be so used, accepted and reputed by all her subjects and others, using any trafic or commerce within this kingdom; and that if any person or persons should refuse to receive this Mixed Money according to the denomination or valuation thereof, viz. shillings for shillings, sixpenny pieces for sixpenny pieces, &c. being tendered for payment of any wages, fees, stipends, debts, &c. they should be punished as contemners of her royal prerogative and commandment. And to the intent that this Mixed Money should have the better course and circulation, it was further declared by the same proclamation, that after the 10th day of June immediately following, all other money which had been current within this kingdom, before the said proclamation, should be cried down and annulled and esteemed as bullion, and not as lawful and current money of this kingdom.

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In April, before this Proclamation was published, when the pure coin of England was current within this kingdom, one Brett of Drogheda, merchant, having bought certain wares of one Gilbert in London, became bound to the said Gilbert in an obligation of 2007. on condition that he should pay to the said Gilbert, his executors or assigns, 100. sterling, current and lawful money of England, at the tomb of earl Strongbow in Christ-church, Dublin, at a certain day to come; at which day and place, Brett made a tender of the 100/. in the Mixed Money of the new standard, in performance of the condition of the obligation; and whether this tender was sufficient to save the forfeiture of the obligation, or whether the said Brett should now, upon the change or alteration of money within this kingdom, be compelled to pay the said 1007. in other or better coin than in the Mixed Money, according to the rate and valuation of it, at the time of the tender, was the question at the council table, where the said Gilbert, who was a merchant of London, exhibited his Petition against the said Brett, for the speedy recovery of his debt aforesaid.

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case divers Points were considered and resolved. First, it was considered, that in every comnonwealth, it is necessary to have a certain standard of money. [Cotton 4.] For no Commonwealth can subsist without contracts, and no contracts without equality, and no equality in contracts without money. For although in the first societies of the world, permutation of one thing for another was used, yet that was soon found cumbersome, and the transportation and division of things was found difficult and impossible; and therefore money was invented, as well for the facility of commerce, as to reduce contracts to an equality. Cum non 'facile concurrebat, ut cum tu haberes quod ego desiderarem, ego invicem haberem quod tu 'accipere velles, electa materia est, cujus publica et perpetua mestiatio difficultatibus per'mutationem subveniret.' Paul. lib.1. ff. de con'trahendis empt.' and therefore money is said by Bodin to be mensura publica; and Budelius lib. 1. De re nummariâ, ca. 3. saith moneta est justum medium et mensura rerum commutabilium, nam per medium monetæ fit omnium rerum, quæ in mando sunt, conveniens et justa æstimatio.' And to this purpose Keble saith, 12 H. 7. 23. b. that every thing ought to be valued per argent; by which word argent, he meaneth money coined. And the great utility of a certain standard of money and of measures is well expressed by Budelius in this verse,

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Una fides, pondus, mensura, moneta sit una,

Et status illæsus totius orbis erit. Secondly, it was resolved, That it appertaineth only to the king of England, to make or coin Money within his dominions; [2 Ro, ab. 166. 1 Co. 146. 5 Co. 114. 1 H. H. P. C. 188.] so that no other person can do it without special license or commandment of the king; and if any person presume to do it of his own head, it is treason against the person of the king by the common law; and this appears by the stat. of 25 Edw. 3, c. 2, (which is only a declaration of the common law,) and by Glanvil, Britton and Bracton, before that statute, Stamford fol. 2 and 3. And in the case of Mines, Plowd. 316, a. this point is expressed more clearly, where it And, inasmuch as this case related to the is said, That the king shall have mines of gold kingdom in general, and was also of great im- and silver; for if a subject had them, he by portance in consideration and reason of state, law could not coin such metals, nor stamp a sir George Carew, then Lord Deputy and also print or value upon them, for it appertaineth to Treasurer, required the Chief Judges, (being of the king only to put a value upon coin, and the privy council) to confer on and consider this make the price of the quantity, and to put a Case, and to return to him their Resolution print to it; which being done the coin is curtouching it; who upon conference and consi-rent; and if a subject doth this it is high treaderation on all the points of the said Proclamation, resolved, That the tender of the 1007. in the Mixed Money, at the day and place aforesaid, was good and suflicient in the law, to save the forfeiture of the said obligation, and that Brett should not be obliged at any time after, to pay other money in discharge of the debt,

son at common law, as appears, 23 Ass. p. 2. and it is high treason to the king, because he hath the sole power of making Money, &c.

And in this book three things are expressed, which are requisite to the making of lawful money, viz. The authority of the Prince, the Stamp, and the Value, But upon the consi

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deration of the case in question, it was observ- preted by the king himself of what value they ed, that six things or circumstances ought to should be, more or less; by which it is maniconcur, to make lawful and current money, viz. fest that where talents or besaunts, or such 1. Weight. 2. Fineness. 3. Impression. 4. other pieces or quantities of gold or silver are Denomination. 5. Authority of the Prince. of uncertain value, for Budelius saith that 'ta6. Proclamation. [See 1 H. H. P. C. 196, lenta sunt varia, et pondera sunt, potius that Proclamation is not always necessary ] quam numismata', the king hath a power to For every piece of money ought to have a ce- put a certain value upon them, according to tain proportion of weight or poise, and a certhe rule well known to the civilians, monetæ tain proportion of purity or fineness, which is æstinationem dat, qui cudendi potestatem called alloy. Also every piece ought to have 'habet.' And in this point the common law a certain form of impression, which may be of England agrees well with the rules of the civil knowable and distinguishable; for as wax is law, jus cudendæ monetæ ad solum princinot a seal without a stamp, so metal is not pem, hoc est, imperatorem, de jure pertinet. money without an impression: Et moneta Monetandi jus principum ossibus inhæret. ⚫ dicitur a monendo, quia impressione nos mo- 'Jus monetæ comprehenditur in regalibus, neat, cujus sit noneta. Cujus imago est quæ nunquam a regio sceptro abdicantur.'hæc? Cæsaris: Date Cæsari quæ sunt Cæ- Yet by antient charters, this privilege or prerosaris.' Also every piece of money ought to gative hath been communicated to some subhave a denomination or valuation for how jects in England; as, to the archbishop of much it shall be accepted or paid, as for a Canterbury by charter of king Athelstan, penny, a groat or a shilling. And all this Lamb. peramb. Kant. fol. 291. The archbiought to be by authority and commandment of shop of York and bishop of Durham had mines the prince, for otherwise the money is not law- and power of coining money, as appears by ful; and it ought to be published by the pro- the statute of 14 Hen. 8, c. 12.; and the dean. clamation of the prince, for before that, the of St. Martin's-le-grand had the same privilege, money is not current.-These circumstances as is manifest from the stat. of 19 Edw. 4, c. 1. appear in the antient ordinances made by the And this right of coining money hath been king for the coinage of money, as well in this granted to several great personages in France kingdom as in England, which are to be found heretofore, as Choppinus relates, lib. de Domain the Tower of London there, and in the Cas-nio Franc. fol. 217, a. And this prerogative

tle of Dublin here. Also the indentures be

tween the king and the masters of the mint prescribe the proportion of weight, fineness, and alloy, the impression or inscription, the name and the value. See the stat. 2 Hen. 6, c. 12, where mention is made of these indentures; see also Wade's case, 5 Co. 114. b. that the king by his proclamation may make any coin lawful money of England; à fortiori, he may, by bis proclamation only, establish the standard of money coined by his authority within his own dominions.

at this day is imparted too generally to all the inferior princes and states of Germany by grant or permission of the emperor; for it is a law of the empire, Jus cudendæ monetæ, nisi 'cui ab imperatore concessum fuerit, nemo usurpato.'

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Thirdly it was resolved that as the king by his prerogative [1 H. H. P. C. 192] may make money of what matter and form he pleaseth, and establish the standard of it, so inay he change his money in substance and impression, and enhance or debase the value of it, or entirely decry and annul it, so that it shall be but bullion at his pleasure. And note, that bullion, which in Latin is called billio, ' est 'moneta defensa et prohibita, quæ videlicet usu caret.' And that the king hath used this Prerogative in England, appears, by several notorious changes of money, made in the time of several kings since the Norman conquest. 26 Hen. 2, Monetâ veteri reprobatâ, nova 'successit.' Matt. Paris Hist. mag. fol. 35. a.

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And that the king by his Prerogative may also put a price or valuation on all coins, appears by a remarkable case, 21 Edw. 3, 60, b. In the time of Will. the Conqueror, the abbot of St. Edmundsbury complained to the king in parliament, that whereas he was exempted from the jurisdiction of the ordinary by divers antient charters, the bishop of Norwich had visited his house, contrary to those charters of exemption; upon which it was granted and ordained in parliament, that if from thenceforAnno 7 Joh. a new money was coined, at ward the bishop of Norwich or any of his successors should go against the aforesaid exemption, they should pay to the king or his heirs thirty talents or besaunts. Afterwards in the time of Edw. 3, the bishop of Norwich visited the house again, against the ordinance aforesaid; and this contempt being found in the King's-bench, a scire facias issued against the bishop to shew why he should not pay to the king the thirty talents or besaunts; and upon an insufficient plea pleaded by the bishop, the court awarded that they should recover the talents or besaunts, and that it should be inter

which time the first sterling money was coined, according to the opinion of Cambden, where he speaketh of Sterling-Castle in Scotland, fol. 700 b.-32 Hen. 3, the king was obliged to make new money, cum moneta Angliæ circuincide

batur à circum.cisis Judæis,' as Matt. Paris saith, fol. 703. a.-7 Ed. 1, the standad of inoney was renewed, when the sterling penny was established to contain vicesimam partem unciæ,' as appears by the old Magna Charta, in the ordinance called Compositio Mensurarum, where it is ordained, quod viginti denarii • faciant unciam,'-Anno 29 Ed. 1. when the

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money called Pollards was cried down, a new sterling money was also coined; see 6 Ed. 6. Dyer 82. b. et lib. rubr. Scacc. Dubl. part 2. fol. 1. b. After this new monies were anade, 9 Ed. 3, and 18 Hen. 4, and 5 Ed. 4, and 19 Hen. 7, and 36 Hen. 8; and lastly 2 Eliz., when all mixed and base money was cried down, and the standard of pure silver established, which continues to this day, of which Bodin maketh honourable mention, Libro 6 de Republicâ, cap. 3.

And it seems these changes of money in England were made by the authority of the king without Parliament: although several acts of parliament have been made for the ordering of exchange, and to prohibit the exportation of money made and ordained by the king, and the importation and utterance of foreign and false money, under certain pains and penalties, of which some were capital and some pecuniary. And several ordinances of the king made with out the parliament are called statutes; as Statutum de Monetâ magnum, et Statutum de Monetâ parvum: which are called statutes, because the ordinance of the king with proclamation in such case hath the force of an act of parliament,

And as the king hath used to change the standard of his money, to wit, the form and the substance, so hath he used by his prerogative to enhance or debase the value of it, notwithstanding that the form and substance continueth as it was before. [1 H. H. P. C. 192.] And this was done, 5 Ed. 4, as appears by the book, of 9 Ed. 4. 49, where Danby saith, that a Noble was better then, than it was anno 20 of that king, by 20d. in each Noble. And king Hen. 8, by special commission dated 24 July, anno 18 of his reign, authorised cardinal Wolsey, with the advice of other of the privy council, to put a value on all the moneys of England, from time to time, according to the rates and values of the monies of foreign nations, which were then too much enhanced, especially by the emperor and the king of France, as is expressed in the said commission. See also 6 and 7 Ed. 6. Dyer 82 and 83. several cases on the debasement of money. And it is to be observed, that between the 36 of Hen. 8, when several sorts of debased money were coined in England, and 2 Eliz., when the pure standard of silver money was established, there were three notorious falls or cry-downs, of base monies, published by proclamation: the first, 9 July, 5 Ed. 6.; the second, 17 August, the same year, as is mentioned, Dyer 83, a.; the third, 28 Sep. 2 Eliz.

And as the king hath always used to make and change the money of England, he hath also used the same prerogative in Ireland ever since the 12th year of king John, when the first standard of English money was established in this kingdom, as is recorded by Matt. Paris, Magn. Hist. 220. b. where it is said, that this king being in Ireland, constituit ibidem leges et consuetudines Auglicanas, ponens ibidem 'vicecomites, aliosque ministros, qui populum

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regni illius juxta leges Anglicanas judicarent. 'Præfecit autem ibidem Johannem de Gray 'episcopum Norwicensem, justiciarium, qui ' denarium terræ illius ad pondus numismatis 'Angliæ fecerat publicari, et tam obolum quam quadrantem rotundum fieri præcepit: jussit quoque rex, ut illius monetæ usus tam in Anglia quam in Hibernia communis ab omnibus baberetur, et utriusque regni denarius in the'sauris suis indifferenter poneretur.”—By which it appeareth that the standard of money in England and in Ireland was equal at first, and that the English money was not a fourth part better in value than the Irish, as it hath been since the time of Ed. 4., for before that, as there was one and the same standard of money in both kingdoms, so always when the money was changed in England, it was also changed in Ireland. As in the year 1279, viz. 7 Ed. 1. when that king established new money in England, as is shewn before, there was likewise a change of money in Ireland, as is observed in the annals of this kingdom, published by Camb den in his Britannia, where it is said, that in the year 1279, Dominus Robertus de Ufford justiciarius Hiberniæ intravit Angliam, et con'stituit loco fratrem Robertum de Fulborne episcopum Waterford, cujus tempore mutata est moneta.' So 29 Ed. 1. when by special ordinance of the king the Pollards and Crockards were decried and annulled, the same ordinance was transmitted into this kingdom and enrolled in the Exchequer here, as is found in Lib. Rubr. Scacc. part 2, fol. 2. b. Also in the annals aforesaid it is observed in the same year, ' numisma pollardarum prohibetur in Anglià et Hibernia. And as the standard of the monies was equal, so the mints and coinage in this kingdom were ordered and governed in the same manner as in England, as appears by the account of Donat and Andrew de Sperdshols, assay masters in Dublin, 9 and 10 Ed. 1. in Archivis Castri Dublin, and in Libr. Rubr. Scacc. hic part 2. fol. 1. and in Rot. Parl. in Castri Dublin, 12 Ed. 4. c. 60. See also several ordinances there touching the mint and monies, 7 Ed. 4. c. 9. 10 Ed. 4. c. 4. 16 Ed. 4. c. 2. 19 Ed. 4. c. 1. 1 R. 3. c. 7.

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But the first difference and inequality between the standard of English and Irish monies, is found in 5 Ed. 4. for then it was declared in parliament here, that the Noble made in the time of Ed. 3, Rich. 2, Hen. 4, Hen. 5, and Hen. 6, should be from that time forth current in this kingdom for 10s. and so of the demynoble, and all other coins according to the same rate. See Rot. Parl. 5 Ed. 4. c. 40. and 11 Ed. 4. c. 6. and 15 Ed. 4. c. 5. in the Roll's-office in the Castle of Dublin. After which time the money made in Ireland or for Ireland was always less in value than the money of England, and the usual proportion of the difference was the fourth part only, viz. the Irisha shilling was only 9d. English. See the proclamation aforesaid, dated the 24 of May, 43 Eliz. enrolled in the Chancery here, where the queen makes mention of this difference

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