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is not so easily decided; and this may be a good colour to uphold it.

These speciall reasons, though they may well serve the turne, to make an evident difference betwixt this and our present impositions, and so consequently to avoid the conclusion drawn from the president, and may also seem colour able, and particular reasons to uphold the imposition itself; yet is not this that, which I mean to relie upon for answer. For even this imposition, in recompence of which the king parted with so large priviledges and benefits, and which, because it concerned only merchant strangers, did neither in the burden thereof, nor in the president, so directly touch the English; yet in the detestation, as it seems, of all impositions, of what nature or kinde soever, and upon what pretext or colour soever they were grounded, I say, even this imposition also was complained of in parliament within few yeeres following; and upon complaint, taken away, as may appeare by the Close Roll of 3 Ed. 2, mem. 23, where you shall finde inrolled a Supersedeas, commanding, that the new custome, granted by the merchant strangers, reciting the particulars as they are contained in Charta Mercatoria, shall cease at the king's pleasure; and this is there said to be yeelded to at the request of the commons, which cannot be but in parliament. But because the renewing of it again rested at the kings pleasure, therefore, within two yeeres after, by a publicke ordinance made by the principall prelates, earles, and barons and other great men of the kingdome, authorised by the king's commission, dated the 16th of May, the same third yeere of his reigne, the charter itselfe was declared to be utterly void; for that it was hurtfull to the commonwealth, against Magna Charta, and made without assent in parliament. And not only that charter, but all other new customes or impositions whatsoever, imposed since the coronation of Ed. 1. till that time, were also taken away, saving onely the old custome upon wool, woolfels, and leather. And further it was ordained, that if any man should presume to take any more then the auncient custom rightfully due, and should be thereof convict, he should answere to the partie greeved his costs and damages, be imprisoned according to the quantitie of his offence, and be further punished as an offender against Magna Charta, according to the discretion of the justices. Ro. ordinationum 5 Ed. 2. in the Tower.

this day paid by the merchant strangers, and that therefore in likelyhood the ordinance prevailed not against it. 'Tis true, that at this day the merchant stranger doth pay three pence more in the pound for subsidie of poundage, then the English doth, and that by vertue of Charta Mercatoria. But let me tell you, that Charta Mercatoria in it selfe had not strength and vertue sufficient to subsist for so long a time. It was, as I have said, suspended by the king himself an. 3, condemned by the ordinance of 5 E. 2. and had at this day been of no more force, then it was all the time after 3 Ed. 2. that is, of none at all, had it not been confirmed by act of parliament an. 36 Ed. 3. cap. This was onely that which protected Charta Mercatoria against all those statutes made against impositions, and that hath kept it in life till this day; and this indeed, I mean an act of parliament, is the only means, that our law acknowledgeth, for the laying or establishing of impositions, and without which they cannot long last.

You have now heard opened three of those six presidents, which are most relied upon for maintenance of these present impositions, which are all that have been urged, or can be found to have been practised from the conquest till the reigne of Ed. 3, during which time there are, as you see, as many publique acts in opposition of them, which are of so much the more force, in that they are the legal regular acts of great counsells; whereas, on the contrary part, those three impositions were the acts of powerfull kings wills, in the times of extream necessity. As for Ed. 2, his successor, there hath not been one imposition alledged to have been laid by him of one kinde or other. Nay, all the records touching this businesse found in his time, being onely foure, make directly against them.-The first is anno 3. which was (as you have heard) a release at the kings will, upon complaint of the commons, of the impositions raised by Charta Mercatoria.The second was the Ordinance made an. 5. declaring Charta Mercatoria and all other impositions to be void, and inflicting punishment upon such as should demand any.-The third was an. 11, which is a supersedeas to discharge certain commodities from yeelding an increase of custome granted by merchants by way of loane, which in great probability the king would never have released, but upon complaint. The rather I think so, because, as the record recites, it was granted in a time of great necessity. The fourth is an. 12, and is much of the same nature, the recitall of which contains some very observable things, which I will open unto you. It shews first in very effectuall words the greatnesse of the kings wants, and the causes thereof. The words are, Cum pro expeditione guerræ nostræ Scotia, et aliis arduis necessitatibus nobis multipliciter 'incumbentibus, pro quarum exoneratione But it hath been yet further said, that not6 quasi infinitam pecuniam profundere oportewithstanding this Ordinance, the Imposition bit, pecunia plurimum indigeamus in presendoth neverthelesse continue in force, and is atti; ac insuper, pro eo quod exitus regni et

Though the force and authoritie of this Ordinance may perhaps be doubted and blemished; because it was made by the barons, at the time when they had the better hand of the king, as hath been in part objected? yet you see, that they deliver not their censures, with out alledging also their reasons; and this their ordinance is no more in effect, then that which was thought fit by all the commons in the parliament of 5 Ed. 2. before mentioned.

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terræ nostræ, simul cum pecunia nobis in sab⚫ventionem præmissorum tam per clerum quam per communitatem regni nostri concessa ad " sumptus predictos cum festinatione, qua ex'pediret, faciend. non sufficiunt.' Here was cause, if any cause may possibly be just, for the king presently to put in practise his prercgative of impositions. His expence by reason of a necessary warre in Scotland was so great, as the whole revenue of the kingdome, together with an ayd which had been hitely granted him, could not with that expedition that was requisite supply his present want. Doth hee for all this make use of his prerogative of imposing? Or doth hee hastily, for want of advised proceedings, take some other course prejudiciall to his right? No. The record further sayes, that he enquired by all wayes and meanes, how he might most commodiously and fitly levy money for these occasions. After which advised deliberation, the course at last resolved upon was, not by absolute power to lay impositions, which of all other courses, if it had been lawful!, had been the most speedy and beneficiall, but a course more justifiable; which was, that merchants should be called to- | gether, and that they should be intreated to lend the king upon every sack of wool 10s. and upon every last of lether 5s. above the ancient custome; and that for their security of true repayment, without fiction or delay, which are the words of the record, whereby it seems that onely a pretence of a loane and repayment had been before that time used to colour impositions, commandment should be given to the customers to certifie into the Exchequer the names of every particular merchant that should so lend unto the king, that they might accordingly receive full satisfaction. And 'tis worth the observing, that this loane was for no longer time, then from April, till October following. Thus much is warranted by the record. So as you see, that in all this time of this king Ed. 2, impositions were not only altogether forborn even in the times of his greatest necessity, but they were also condemned as unjust and utterly unlawfull

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We come now to the reigne of king Ed. 3. in whose time there was no practice or ineanes, that by the policy of man could be thought on to bring the people under this yoke of Impositions without assent of parliament, but it was by him attempted: insomuch, as I have in observation out of the records collected no lesse then five or six severall waies, all of them very colourable, which in his time were put in practice for the raising of impositions; and yet none of them but was resisted by parliament and condemned.-That which was most usuall with him was, that merchants should grant to pay him so much upon every commodity exported or imported by way of increase of Custome. This seems not unreasonable, for that every man might grant of his own what he listed; and this also, to make it more colourable, was never attempted but in the time of warre. And yet, as it hath been partly said already,

VOL. II.

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this was always held unlawful, as may appeare by the record of 17 E. 3. [No. 27. Ro. Parl.] where the commons in parliament say, that it is a great mischiefe, and against reason, that they should be enforced to pay the deerer for commodities, by reason of a charge upon merchandizes, by the grant of merchants, the which is a charge to the people, though none to the merchant. Anno 25 Edw. 3. [No. 22, Ro. Parl.] the commons reciting, That Whereas merchants have granted a new increase of Custome to the king, pray, that commissions to collect such new increase of custome by singular grant of merchants be not awarded. Anno 36 Ed. 3. cap. 11. amongst the printed statutes, grants of subsidies upon woolls by merchants without assent of parliament are declared to be void, which act was made upon a petition of the commons in anno 56 Ed. 3. [No. 26. Ro. Parl.] desiring a law to be made to the same effect. If impositions raised by the grant of merchants, which I suppose to have been by some publicke and solemne instrument, under the hands and seals of the principall merchants of all the great towns of England, being called together for that purpose, were not of force in this behalf, much lesse was their bare assent without any such solemnity, which also was a course in practise in the days of Ed. 3. and was also used in the laying of these present impositions, which wee now complaine of.

Another meanes of raising Impositions used by Ed. 3. was by way of Dispensation for money with some statute in force, which restrained the passage of merchants. Most of his impositions of one kinde or other, laid after 11 E. 3. were of this nature. For anno 11. cap. 1. amongst the printed statutes, you shall find it enacted, that no man upon paine of death, losse of lands and goods, should export 'wools.' Immediately after the making of this statute, impositions by way of dispensations for money came to be so frequent and burdensome, that the very yeere following the king, being in person to undertake a waire in Scotland, and for the raising of treasure having laid heavy impositions in this kinde, which he perceived to be very burdensome to the people, he wrote to the arch-bishop of Canterbury. His letter is extant upon record, [12 E. 3. No. 22. Ro. Aleman.] to this effect; That whereas the people were much burdened with divers charges, tallages, and impositions, which 'he could not mention but with much gret, but being enforced by inevitable necessity • could not as yet ease the people of them, he required the arch-bishop to exhort the people patiently and humbly to bear the burden for a while, and to cxcuse bin towards the people, hoping he should ere long recompence his stud people, and give them comfort in due time.' His necessities were neverthelesse so great, and this means of raising money was so colourable, secing no man was compelled to pay, that did not himself desire to be dispensed with, for the breach of a penal law, by which his life, goods,

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and lands were forfeited, as he spared not to lay on load in this kinde; insomuch as you shall finde, that in an. 13. [Ed. 3. Orig, de Scac. Ro. 3. & 12.] he took for dispensations to passe onely to Antwerp of Englishmen 40 shillings upon a sack of wool, 40 shillings upon 300 woolfells, and 47. upon a last of leather; of strangers 31. upon a sack of wool, St. upon 300 woolfells, and 67. for a last of leather; whereas the ancient and due custome was no more then 6s. upon a sack of wooll, the like upon 300 woolifells, and 15s. 4d upon a last of leather. Immediately hereupon, even this very yeere, was this complained of in parliament, and a petition exhibited by the lords and commons, [No. 5. Ro. Parliam.] that it might be enacted, that this maletolt or imposition, because it was taken without assent of parliament, might be taken away, and that a law might be made, that no such charge might be laid, but by assent of parliament. And they further prayed, that they might have a charter under the great seal, confirmed and enrolled in parliament, to the same effect, which was performed the next parliament, as may appeare by the statutes printed, where, an. 14 Ed. 3. cap. 21. you shall see an act of parliament to this effect, and that a most effectual one. And immediately after, follows the charter to the same effect, of both which I shall have more occasion to speak hereafter. But such were the king's wants, that, even in the mean time between the petition and the making of the act, he could not forbear to raise money by this meanes; for in an. 14 Ed. 3. [Ro. 3. Orig. | de Scac.] the eleventh day of March, in the end of which month the next parliament began, as may appeare by the preamble to the statutes of that parliament, he tooke by way of dispensation 40s. upon a sack of wooll, when it should be safely landed at Bruxells, and 40s. at the port within England, which was indeed an intollerable charge. But the better to colour it, the king, in his commissions for collection thereof, pretended, that the merchants had been humble suiters to him, that the passage for woolls might be open till Whitsontide following; and that to obtaine the same, they had of their free wills offered to give him the said summes, as may appeare by the recitall in the beginning of the said record.

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vation in generall, that, whereas in some other of the records of Ed. 3 there is mention made of Impositions upon Wools granted by merchants, because the passage of wools was in those daies so often restrained by statute, as may appeare by very many printed statutes of that time, it is very likely, that these grants of merchants were also for dispensations to transport, as appears that this of 27 was; (Yet you shall finde an act of parliament for free passage an. 15 Ed. 3.) and it may well be that some of the statutes, being but temporary, were not committed to the presse. This kinde of imposition, by way of dispensation, I finde not to have been at all practised from 27 till 39, where without any colouring of the matter, with pretence of the grant or gut of merchants, or any recitall of suite made by merchants to have the passage open, as usually in former times, but plainly and aptly, the king recites, [39 Ed. 3. Ro. 2. Orig. Scac.] That Whereas English merchants were by act of parliament ' restrained to transport woolls, neverthelesse, ' upon advice with his counsell, he thought fit 'to give leave that such as would might tran'sport woolls, paying 46 shillings a pence upon a sacke, which the king commandeth to be le'vied.'-This Imposition lasted a very little while; for the next parliament following, the subjects granted to the king a subsidie upon wools, woollfells, and leather,to endure for a very short time. And yet, as it appears by the words of the record, the king doth thank his people for it, with all his heart.' At which time, for the maintenance of his warres in Scotland, he obtaineth the continuance thereof for two yeeres, at the end of which two yeeres he further obtaineth in parliament a continuance of the same from Michaelmas following, for three yeeres, for the supplie of treasure for the warre. [43 Ed. 3. 9 & 10 Ro. Parl.] Two yeares following, viz. in an. 45, [Num. 42, Rol. Parliam.] the commons doubting, as it seemeth, that the king had secretly concluded to increase, by way of imposition, this subsidie, which was yeelded to in parliament, and granted for three yeeres, made a conditionall petition, that if any imposition be laid upon woolls, wooll-fells, or leather more then the subsidie granted in parliament, that it may be taken away. The king answereth, that if any be laid since the statute, it shall be taken away; and then follows the printed statute, an. 45 Ed. 3. cap. 4. That no Impositions be laid upon

In further prevention of this mischiefe, in an act of parliament printed, made an. 27 Ed. 3. cap. 2. there was a special provision made against all licenses to transport. Neverthelesse, as it may be collected by a record of the same yeere, (Orig. de Scac. 27. E. 3. Ro. 7.) the king raised 40s, upon a sack of wooll, 40s. upon 300 woollfells, and 47. upon a last of leather, by the same means, I meane by way of dispensation. For though indeed it be recited to be granted by merchants, yet was it no otherwise granted by them, then for licenses to transport; for at that time the staple of wooll was in England, as may appeare by the printed statute of 27 Ed. 3. cap. 1 and 2.

And here I thinke it fit to make this Obser

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woolls, wooll-fells, or leather;' which is the first place where I finde Impositions named in our printed books. I finde them first named upon my Latine record, 12 Ed. 3, in the kings letter to the archbishop; and first upon my record in French, uot printed, an, 21 Ed. 3. Num. 16. Ro. Parliament.

But to proceed. About a yeere following this parliament of 45; neere which time the subsidie granted an. 43 for three yeeres was expired, there was another subsidie of forty three shillings foure pence upon a sack of wooll, as much upon twelve score wooll-fells,

and five pounds upon a last of leather, above the ancient customes, granted in parliament, [46 Ed. 3. No. 10. Ro. Parl.] for the maintenance of the warre in Guyen, to endure for two yeeres; for which, the king likewise gave thanks.

thought themselves secure from this punishment of the statute, till they were provided for by act of parliament, as may appeare by a statute printed anno 35 Ed. 3. cap. 21. To alledge therefore any of this kind, thereby to prove the lawfulnes of ours, cannot but are a weak cause. For first, as I have said, there is farre more reason and colour for these, then for ours; for in this case no man was compelled to pay, that did it not to avoide a greater mischiefe for by paying the imposition, he was free from a grievous punishment for breach of a penall law which restrained his passage; whereas in our case a charge is laid upon him for exercising his lawfull trade, where no statute law or common law is to the contrary, but rather both the one and the other make for him.

But it may bee here objected, that the king may lawfully restraine, the breach of which restraint is a contempt and against law, and that to impose doth imply a restraint upon a penalty. Suppose it were so, yet, if in case where the restraint is not onely by the king, but the whole estate assembled in parliament, for some urgent cause, it be unlawful to give license for money, as you perceive it is, how much more is it so, where the restraint is for no other purpose then to raise an imposition, as in our case? But of this more largely bereafter.

Another device of raising Impositions without assent of the commons in parlament, practised by Ed. 3. was by way of Ordinance, which indeed is in the next degree of strength unto a statute. For it is a constitution made by the king himselfe, and all the prelates, earls, and barons, not at the counsell table, or in the kings chamber, but sitting solemnly in parliament, and hath also the like solemnity of inrolement that a statute hath, onely it is enrolled in a roll by itselfe, which hath the name of the roll of the ordinances. But the only essential difference between this and an act of parliament is, that this hath not the assent of the commons.

The next yeere following, [47 Ed. 3. No. 12. Ro. Parl.] the subsidie granted the last parliament, was continued from Michaelmas for a yeere without any condition, and for the next yeere upon condition, amongst other things, that no imposition be laid during the two yeeres, and that the money levied be imployed upon the warres. In the next yeere following, [48 E. 3. Ro. 2. Orig. de Scac.] the king took, as by the grant of merchants, upon a sack of wool, of denizens fifty shillings, and of strangers foure marks; upon 210 wooll-fells, of denizens fifty shillings, and of strangers foure marks; and upon every last of leather, of denizens five pounds, and of strangers eight marks. Though this record pretendeth nothing but the grant of merchants, yet it is upon the matter no other than a dispensation for so much money; for, at this time, the passage was not open, other than to Callise, where the staple then was, as may appeare by the two records of 38 Ed. 3. Ro. Parl. et 50 Ed. 3. Num. 24. And yet you may see, how hatefull even these impositions by way of dispensation, which are farre more tollerable then our present impositions, were in those dayes. For within two yeeres following, [50 Ed. 3. Nu. 17, 18, 19, Ro. Parl.] one Richard Lions, farmer of the customs, among other things laid to his charge, was accused in parlinment for setting or procuring to be set new impositions, not showing of what nature, without assent of parliament, and was adjudged to forfeit his goods and lands. [Ro. Parl.] But more particularly the lord Latymer, lord chamberlain of England, was expressly accused, that he combined with Richard Lions and others, who for their own profit had procured and counselled the king to grant many licences for the transporting of great quantities of wool beyond the Some Ordinances have had that estimation seas, other then to the staple at Callise, amongst us, that they have at this day the force against divers ordinances and commandements of statutes; as the ordinance of Merton, made to the contrary, and had put upon woolls 20 Hen. 3. which, though it were no other then and wool-feils new impositions. Here you see, an ordinance made by the king, the prelates, that the device of dispensations for money had earls, and barons, without assent of the comthe name of an imposition in those dayes, mons, yet hath it by continuance of time though indeed it be not in its nature a meere gotten not onely the strength, but the name imposition, or at least not such a one as those also of a statute. There be some others of are which we complain of: but such as it was, this nature, and we finde it usuall, that the you see how from time to time it hath beene names of statutes and ordinances have been condemned, and how it is reckoned up amongst indifferently and confusedly used to expresse the most hainous faults of those two great the one or the other. So as there was not any offenders, who, though perhaps they were con- other more probable devise or invention to demned also for other offences, yet the laying have brought the people under the yoake of of these to their charge did shew the great imposition, without their own assent, then was hate generally conceived against impositions of this, by the way of ordinance. Nay, to adde this kinde. I might here further adde in yet a further strength to this high authority of proofe of the invalidity of these dispensations, an ordinance in parliament, the assent also of that certain merchants, having obtained some merchants was usually joyned therewithall, to of these, and having also the advantage of themake it have the cleerer passage with the subking's proclamation to dispense with the statute ject; and further, it was never but in the time which restrained their passage, yet they never of warre.

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The first imposition of this kinde by way of ordinonce, which I finde amongst the records, was 7 E. 3. amongst the originals of the Exchequer, where it is said by way of recitall, that the king considering how merchants, which make great gaine by trading, ought as well as others to assist him with treasure for his warre, especially considering how at their intreaty he had placed the staple in England; therefore at his parliament held at Yorke, by the prelates earls and barons it was ordained, that the merchants should yield unto the king a subsidie upon merchandizes. This subsidie or rather imposition thus solemnly ordained, and in the times of so great necessity, was no sooner established then revoked, as may appear by the words immediately following in the same record, whereupon the merchants of their own accords yeelded, and freely gave 105. upon a sack of wooll, as much upon 300 woolfells, and 20s. upon a last of leather, for a short time, by way of dispensation or licence, towards the mainte

nance of the warre.

The like is found anno 20 E. 3. [Nu. 18. Ro. Pal] where the commons complaining of an imposition of this kilde, land by the prelates cails and barons in parliament, and by the agreement also of merchants, it was not denyed unto them, but that their suit was just. Onely it was answered them, that as yet it was not convenient to take it away; for that the king bad taken up great summaes of money of divers merchants, for his present necessity, to be repayed out of the said subsidie, and therefore it could not be as yet discharged without great damage to the king and the merchants. But the most materiall record, against impositions by way of ordinance, is the yeere following, where the king, in excuse of impositions complained of, answereth that they were laid in times of great necessity, and by the assent of the prelates, earles, and barons, and other great men, and some of the commons, then present; nevertheless his pleasure is, that such impositions, not duly laid, be not drawn into consequence, but taken away,' 21 E. 3.

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No. 17.

There are some others of this kinde, but never any that did abide the triall, though they have alwayes been accompanied with all such circumstances, as were most likely to give them passage without controllment; as to be laid in the time of warre, to be limited to a short time, with consent of merchants. If the authoritie of an ordinance in parliament, joyned with the assent of merchants, were in those dayes not of force sufficient to uphold impositions, much lesse will an order of the king and his counsell out of parliament uphold them at this day, especially after so many yeeres discontinuance. Another invention to raise Impositions, practised by Ed. S. and in former times, was by way of a pretended or feigned Loane from the merchants, of so much above the old cusFome upon merchandise exported or imported, which loane was never repaid to the merchant. That this was an old practise, may be collected

by the president, of 12 Ed. 2. already cited, where the king promiseth, that without fiction or delay he would repay them their money; implying thereby, that sometimes fiction had been used and doubtlesse that loane which was 11 Ed. 2. the very yeere before, was such a fained loane as I speake of; for otherwise, without question, the king would not have released part of it, as may appeare by that record that he did. For if the noney be, bona fide, borrowed, and truly intended to be repaid, then doubtlesse the course is lawfull; if otherwise, I hold this kinde also as unlawful as any of the rest.

Edward the third did once or twice borrow in this kinde, as may appear by records already cited to another purpose, with which I will not againe trouble you.

There was yet another device for raising of Impositions, begun indeed by Ed. 1. and condemned in the t me of Ed. 2. but revived, and much practised by Ed. 3. which was also by way of Grant of merchants, and yet not altogether the same that I first observed to have been so much practised by Ed. 2. but is much more colourable and tollerable. For whereas that was a grant, or rather a meere guift, without any thing granted back againe in heu thereof; this, I now speake of, is a solemne grant indeed, made by merchants, of an increase of custome, for liberties and freedoms, and other valuable priviledges and exemptions, granted unto them by the king. That former was date nihil expectantes. This is, dute et dabitur vobis. And indeed the recompence that the merchants had by this charter granted unto them, made their grant to the king lesse subject to controll, then otherwise without such recompence it would have been. I mean the grant of merchant strangers, so often remembered amongst us by the name of Charta Mercatoria, which though it were damned all the time of Ed. 2. from the third ycere of his reign, yet was it revived by E. 3. even that very yeere, when he likewise deposed the king his father, and usurped to himself his crown. it appeares by the records, [1 Ed. 3. Ro. Fin.] that he commanded the same to be levied the very first yeere of his reigne. What hath been said against this kind of imposition, I shall not necd here againe to repeate, only let me call to your remembrance, how this charter, as needing a better prop then his owne strength, and validity in law, was in the same kings reigne confirmed by parliament, and onely by that strength continueth in force at this day.

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You have heard five or sixe severall politique inventions and devices for the easie drawing on and sweetning of this yoak of Imposition, all practised by this prudent and potent king, Ed. 3, whose times were indeed so troublesom, and is charge every way so excessive, as it is no marvell, that he let not any way unattempted to raise money, without the assent of the commons, whom he always found unwillingly and hardly drawne to matters of charge.

One other way of Impositions he used, not

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