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and command all manner of persons bere pre- sovereign lord the king, for his grace my Lord sent, and that haye, here attended, to depart High Steward of Great Britain intends now to hence in the peace of God, and of our said | dissolve his commission.

describe some of the incidents of peerage, or to tion of such persons to whom clergy shall be include bishops, who are lords of parliament allowed, detain and keep them in prison for though not peers : 'and if these words should such convenient time as the same justices in confine the benefit of this statute to those only their discretions shall think convenient, so as who actually sat in parliament, it would exclude the same do not exceed one year's imprisonpeers minors, and papist peers, who, by statute ment. This proviso plainly relates only to 30 Car. 2, stat. 2, c. 1, are now rendered inca- those persons mentioned in the clause, that is, pable of sitting or voting in parliament: the sucb persons as bad been burnt in the band acwords therefore are merely descriptive, and not cording to the statute in that case made and restrictive. And what makes it very plain is, provided, meaning 4 H. 7. As peers therefore that, in the 4th and 5th P. and M. c. 4, which are not to be bornt in the hand, they cannot be takes away clergy from accessaries before the imprisoned; for those oply are to be imprisoned fact in murder and several other offences, there who have been burnt in the hand; and the is a proviso that every lord and lords of the word “justices,' is more properly applicable to parliament, and peer and peers of this realm, other courts of judicature than to ibis bouse. having place and voice in parliament, upon The 21 Ja. 1, c. 7, cannot relate to this quesevery indictment for any of the offences afore- tion; for it relates to common persons, and was said, shall be tried by their peers, as hath been intended to put women on the same footing accustomed by the laws of ibis realm. Here with men, as to small larcenies; and 3d and are the very words used in 1 E. 6, c. 12; yet 4ih W. and M. c. 9, does the same in all it could never be doubted, but notwithstanding clergyable felonies. This shews the justice of those words, peeresses must be tried by their allowing to the peeresses the same benefit of peers for offences against that statute ; and 1 E. 6, c. 12, as peers have; and it is natural lady Somerset (see her case, vol. 2, p. 9517| to suppose, that when the legislature were pntwas tried by her peers for being accessary | ting women of inferior rank on the same tootto the murder of sir Thomas Overbury, which ing as men, they would have put peeresses on was ao offence against that very statute.

the same footing with peers, had it not been What gave rise probably to this statute, 1 E. conceived that the same privileges were already 6. c. 12, was another statute passed the extended to both. same year, c. 3, providing for the punish Upon the whole therefore, by stat. 1 E. 6. ment of vagabonds, by making them slaves for a peer convicted of a clergyable felony is intwo years ; in wbich act was a clanse, that no titled to bis immediate discharge, without readclerk convict shall make his purgation, but ing or burning in the hand, or being liable to shall be a slave for one year to brim who will imprisoument by 18 Eliz. become bound with two sureties to the ordinary. , This privilege, given by statute, being such to take him into his service, and he shall be as may be enjoyed by a peeress, is by operation used like a vagabond ; and a clerk attainted or of law communicated to her, and puts her in convict, whicb by law cannot make bis pur- the same situation as a peer; the consequence gation, may by the ordinary be delivered to apy of which is, that a peeress, convicted of a clerman, who will give security to keep him as bis gyable felony, praying the benefit of this staslave for five years; and it shall be lawful to tute, is not only excused from capital punishevery person, to whom any shall be adjudged ment, but ought to be immediately discharged, a slave, to put a ring of iron about his neck, / without being burnt in tbe hand, or liable to arm, or leg. To avoid all possible question any imprisonment. whether a peer could be subject to any of these provisions, this act, 1 E. 6, c. 12, provides for

To the mention in vol. 12, p. 632, et seq. of their immediate delivery, on praying the be- illiterateness in the clergy, and in persons of nefit of this statute. This statute 1 E. 6, C. 3, distinction among the laitý, may be added from was repealed 3d and 4th E. 6, c. 16, but was

Mr. Barrington, “ that so late as the year ip force when 1 E. 6, c. 12, was made. The

1525, Adam Gordon earl of Sutherland and his next statute, 18 Eliz. c. 7, provides, that every person which shall be admitted and allowed to

countess, subscribe their names with a pen led have the benefit of privilege of his clergy, shall

by a notary public, as appears in the case of the

countess of Sutherland in Dom. Proc. a. D. not thereupon he delivered to the ordinary, as

pary, as 1770." Observations on 1 H. 5, p. 382, Note has been accustomed; but, after such clergy

chergy [1] 4th edition of 1775. What Mr. Barrington allowed and burning in the hand, according to

in the same note says of Edward the 1st when the statute in that behalf provided, shall forth

- prince of Wales I do not thorougbly understaod.' with be enlarged and delivered out of prison by

For other particulars respecting such illiter. the justices, before whom such clergy shall be graated, that cause notwithstanding.

ateness, see Warton's Life of sir Thomas Pope,

Then and the Dassage in Fox cit. by Mr. Walter Scott follows the proviso, that the justices, before whom any such allowance of clergy shall be

in note 2, to canto 3, of the Lady of the Lake. bad, obal and -ngay, for the further correc. Voltaire, (Dict. Philos. art. Clerc) notices be

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Then tbe white staff being delivered to Lords. Ay, ay. the Lord High Steward by the gentleman L. H.S. This House is adiourned to the usher of the Black Rod on his knee, his grace

| Chamber of Parliament. stood up uncovered, and holding the staff in both his hands, broke it in two, and declared Then the peers and others, returned back to the commission to be dissolved ; and then, the Chamber of Parliament in the same order leaving the chair, came down to the woolpack, they came down, except that his royal highand said, Is it your lordships' pleasure to ad- ness the duke of Cumberland walked after the journ to the Chamber of Parliament?

lord chancellor.

nefit of clergy. The passage affords an amus- livres sterling. Le criminel qui sait lire deing instance of the ease with which his senten-mande un bénéfice de clergie : op ne peut le tious flippancy compresses into a very small lui refuser. Le juge, qui était réputé par space a copious mass of false statement and l'ancienne loi ne savoir pas lire lui-même, s'en impertinent reflection. On était si savant rapporte encore au chapelain de la prison, qui vers le dixième et onzième siècle, qu'il s'intro- | présente un livre au condamné. Ensuite il de. duisit une coutume ayant force de loi en mande au chapelain, Legit?' lit-il? Le chapeFrance, en Allemagne, en Angleterre, de faire lain répond, · Legit ut clericus,' il lit comme grace de la corde à tout criminel condamné uu clerc. Et alors on se contente de faire qui savait lire; tant un homme de cette érudi- marquer d'un fer chaud le criminel à la paume tion était nécessaire à l'état. Guillaume le bâ- de la main.. On a eu soin de l'enduire de tard, conquérant de l'Angleterre, y porta cette graisse, le fer fume et fait un siflement, sans: coutume. Cela s'appelloit bénéfice de clergie, | faire aucun mal au patient réputé clerc." • beneficium clericorum aut clergicorum.'

« Nous avons remarqué en plus d'un endroit, Concerning the doubt (mentioned, p. 640 que de vieux usages perdus ailleurs se retrou- and afterwards), whether • homo’included both vent en Angleterre, comme on retrouva dans genders, see Barrington's Observ, on 10 Ed. 3, l'ile de Samothrace les ancieus mystères d'Or. stat. 3 ; 20 H. 6, c. 9, and 1 Edw. 6. phée. Aujourd'hui même encore ce bénéfice de clergie subsiste chez les Anglais dans toute sa For more concerning trials of Peers and force pour un meurtre commis sans dessein, et Peeresses, see the Case of lord Ferrers, vol. pour un premier vol, qui ne passe pas cinq cents | 19, p. 886.

552. Proceedings against John Horne, Clerk, on an Information : in the King's-Bench by the Attorney-General, for a Libel:

17 GEORGE III. A. D. 1777. In this Case, the report of the proceedings said present sovereign lord the king prosecutes

had upon the Trial at Guildhall, and upon in this behalf, in his proper person comes into the Attorney-General's Motion for Judg.

the court of our said present sovereign lord the

vous king before the king himself, at Westminster, ment in the Court of King's-bench at West- l in the county of Middlesex, on Thursday next minster, was published* by the Defendant, after fifteen days from the day of St. Martin Mr. Horne. I have subjoined an account, l in this same term, and for our said lord the

king giveth the court here to understand and (compiled from Mr. Cowper's Reports and

| be informed, that Jobo Horne late of London, Brown's Cases in Parliament) of the subse. clerk, being a wicked, malicious, seditious, a quent proceedings before the House of Lords. Till disposed person, and being greatly disaffect 1. Tue Trial At GuildhalL.

ed to our said present sovereign lord the king

and to his administration of the government of London, to wit. Be it remembered. That this kingdom and the dominions thereupto beEdward Thurlow, esq. attorney general of our longing, and wickedly, maliciously, and sedipresent sovereigo lord the king, who for our tiously intending, devising, and contriving to

- stir up and excite discontents and seditions* * With the following itle: • The Trial at among his majesty's subjects, and to alienate • Jarge of John Horne, esq., upon an Informa- and withdraw the affection, fidelity, apd alle. • tion filed Ex Officio by his majesty's attorney-giance of his said majesty's subjects from his • general, for a Libel, before the right bon. said majesty, and to insinuate and cause it to be • William earl of Mansfield, in the court of believed that divers of his majesty's innocent • King's-bench, Guildhall, on Friday the 4th and deserving subjects bad been iubumanly

of July, 1777. Published by the defendant • from Mr. Gurney's short-hand notes.

* As to the operation of these words, see " Nec bellua tetrior ulla est, lord Ellenborough's Judgment in the Case of • Quam servi rabies in libera colla furentis.' | the King against Phillipps, 6 East, 464.

murdered by bis said majesty's troops in the wicked, malicious, scandalous, and seditious province, colony, or plantation of the Massa- libel, of and concerning his said majesty's go. ehusets-Bay in New-England, in America, be vernment and the employment of bis troops, longing to the crown of Great-Britain, and un according to the tenor and effect following; Jawfully and wickedly to seduce and encourage that is to say, · King's Arins tavern, Cornbill, his majesty's subjects in the said province, co. • June 7, 1775. At a special meeting this Tony, or plantation, to resist and oppose his ma- day of several members of the Constitutional jesty's government, on the 8th day of June, in Society, during an adjonrnment, a gentleman the 15th year of the reign of our present sove- proposed that a subscription should be imméreign lord George the third, by the grace of diately entered into by such of the members God of Great Britain, France, and Ireland, present who might approve the purpose, for kiog, defender of the faith, &c. with force and raising the sum of 1001. to be applied to the , arms at London aforesaid, in the parish of St. relief of the widows, orphans, and aged paMary-le-Bow, in the ward of Cheap, wickedly, rents of our beloved American fellow-subjects, maliciously, and seditiously did write and pub. who, faithful to the character of Englisbimen, fish, and cause and procure to be written and preferring death to slavery, were for that reapublished, a certain false, wicked, malicious, son only inhumanly murdered by the king's' scandalous, and seditious libel of and concern- (again meaning his majesty's) troops at or ing his said majesty's government and the em- near Lexington and Concord, in the province ployment of bis troops, according to the tenor of Massachusets' (nieaning tbe said province, and effect following: King's-Arms tavern, colony, or plantation of the Massachusets s Cornhill, June 7, 1775. At a special meeting Bay in New England, in America) on the + this day of several members of the Constitu- 19th of last' April; which sum being imme. • tional Society, during an adjournment, a gen- diately collected, it was thereupon resolved • tleman proposed that a subscription should be that Mr. Horne' (again meaning himself the . immediately entered into by such of the mem- said John Horne) do pay to-morrow into the • bers present who might approve the purpose, hands of Mess. Brownes and Collinson, on • for raising the sum of 1001. to be applied to the account of Dr. Franklin, the said sum of • the relief of the widows, orphans, and aged 1001. and that Dr. Franklin be requested to . parents of our beloved American fellow-sub- apply the same to the above-mentioned pur. •jects, who, faithful to the character of Eng- pose; John Horne' (again meaning himself • lishmen, preferring death to slavery, were for the said John Horne) in contempt of our said * that reason only iphumanly murdered by the lord the king, in open violation of the laws of • king's' (meaning bis said majesty's) troops at this kingdom, to the evil and pernicious exam* or pear Lexington and Concord, in the pro- ple of all others in the like case offending, and • vince of Massachusets' (meaning the said pro- against the peace of our said lord the king, bis vince, colony, or plantation of the Massachu. crown and dignity: and the said attorney gesets- Bay in New-England, in America) on neral of our said lord the king for our said lord • the 19th of last April; which sum being im- the king further gives the Court bere to up• mediately collected, it was thereupon resolved derstand and he informed, that the said John

that Mr. Horne' (meaning himself the said Horne being such person as aforesaid, and con. John Horne) do pay to-morrow into the hands triving and wickedly and maliciously devising • of Mess. Brownes and Collinson, on account and intending as aforesaid, afterwards, to wit, • of Dr. Franklin, the said sum of 100l. and on the 9th day of June, in the 15th year afore" that Dr. Franklin be requested to apply the said, with force and arms at London aforesaid, same to the above-mentioned purposes John in the parish and ward aforesaid, wickedly,

Horne' (meaning himself the said John maliciously, and seditiously did print and pubHorne) in contempt of our said lord the king, lish, and cause and procure to be printed and in open violation of the laws of this kingdom, published, in a certain other news-paper, entito the evil and pernicious example of all others iled, The London Packet, or New Lloyd's in the like case offending, and also against the Evening Post, a certain other false, wicked, peace of our said present sovereign lord the scandalous, malicious, and seditious libel of and king, bis crown and dignity : and the said at- concerning bis said majesty's government and torney-general of our said lord the king for our the employment of his troops, according to the said lord the king further gives the court here tenor and effect following ; that is to say, to understand and be informed, that the said King's Arms tavern, Cornbill, June 7, 1775. John Horne being sucb person as aforesaid, "At a special meeting this day of several and again unlawfully, wickedly, and seditiously members of the Constitutional Society, during intending, devising, and contriving as aforesaid, 'an adjournment, a gentleman proposed that afterwards, to wit, on the 9th day of June in ' a subscription should be inmediately entered the 15th year aforesaid, with force and arms at'into (by such of the members present who London aforesaid, in the parish and ward afore- might approve the purpose) for raising the

said, wickedly, maliciously, and seditiously sum of 100l. to be applied to the relief of the · pripted and published, and caused and procured • widows, orphans, and aged parents of our

to be printed and published, in a certain news beloved American fellow-subjects, wbo, faithpaper, intitled, The Morning Chronicle and |ful to the character of Englishmen, preferring London Advertiser, a certain other falsc, death to slavery, were for that reason oplj inbumanly murdered by the king's' (meaning in the like case offending, and against the peace bis said majesty's) troops at or near Lexing of our said lord the king, bis crown and dig. • ton and Concord, in the province of Massa- | nity: and the said attorney general of our said

chusets' (meaning the said province, colony, present sovereign lord the king for our said or plantation of the Massachusets Bay in New | lord the king further gives the Court here to Englaod, in America) · on the 19th of Jast understand and be informed, that the said John • April; which sum being immediately col- | Horne being such person as aforesaid, and

lected, it was thereopon resolved, that Mr. contriving and wickedly and maliciously de. • Horne' (again meaning bimself the said John vising and intending as aforesaid, afterwards, Horne) do pay to-morrow into the hands of to wit, on the 9th day of June ju the 15th year • Mess. Brownes and Collipson, on the account | aforesaid, with force and arms at London afore.

of Dr. Franklin, the said sum of 1001, and said, in the parish and ward aforesaid, wick. • that Dr. Franklin be requested to apply the edly, maliciously, and seditiously did print and • same to the above-mentioned purpose ; John publish, and cause and procure to be printed • Horne' (again meaning himself the said John and published, a certain other false, wicked, Horne) in contempt of our said lord the king, malicious, scandalous, and seditious libel of and in open violation of the laws of this kingdom, to concerning his said majesty's government and the evil and pernicious example of all others in the employment of bis troops, according to the the like case offending, and also against the tenor and effect following ; tbat is to say, peace of our said lord the king, his crown and · King's Arms tavern, Cornhill, June 7. Aia dignity : and the said attorney general of our special meeting this day of several memsaid lord the king for our said lord the king bers of the Constitutional Society, during further gives the Court here to understand and an adjournment, a gentleman proposed that he informed, that the said John Horne being a subscription should be immediately entered such person as aforesaid, and contriving and into (by such of the members present who wickedly and maliciously devising and intend. 'might approve the purpose) for raising the sum ing as aforesaid, afterwards, to wit, on the 9th of 1001. to be applied to the relief of the wi. day of June in the 15th year aforesaid, at 'dows, orphans, and aged parents of our belov. London aforesaid, in the parish and ward afore- ed American fellow-subjects, who, faithful to said, wiekedly, maliciously, and seditiously did the character of Englishmen, preferring death print and publish, and cause and procure to be to slavery, were for that reason only inbu. printed and published, in a certain other news.manly murdered by the king's' (again mean. paper, entitled, The Public Advertiser, a cer- ing his said majesty's) · troops at or near Lextain other false, wicked, scandalous, malicious, ington and Concord, in the province of Mas. and seditious libel of' and concerning his said 'sachusets' (meaning the said province, colony, majesty's government and the employment of or plantation of the Massachusets-bay in Newbis troops, according to the tenor and effect England, in America) on the 19th of last following; that is to say, King's Arms tavern, April; wbich sum being immediately col• Corphill, June 7. At a special meeting this lected, it was thereupon resolved that Mr.

day of several members of the Constitutional | • Horne' (again meaning bimself the said Joho • Society, during an adjourpment, a gentleman | Horne) do pay to-morrow into the bands of • proposed that a subscription be immediatelyM ess. Brownes and Collinson, on account of • entered into (by such of the members present Dr. Franklin, the said sum of 100l, and that • who might approve the purpose) for raising · Dr. Franklin be requested to apply the same • the sum of 1001. to be applied to the relief of to the above-mentioned purpose ; Job Horpe'

the widows, orpbans, and aged parents of our l(again meaning bimself the said John Horne) beloved American fellow-subjects, wbo, faith in contempt of our said lord the king, in open • ful to the cbaracter of Englishmen, preferring violation of the laws of this kingdom, to the • death to slavery, were for that reason oply evil and pernicious example of all others in the • inhumaply murdered by the king's' (meaning like case offending, and also against the peace his said majesty's) troops at or near Lexing- of our said present sovereign lord the king, his • ton and Concord, in the province of Massa crown and dignity: and the said attorney-ge• chusets' (meaning the said province, colony, neral of our said present sovereign lord the or plantation of the Massachusets Bay jp king for our said lord the king further gives New Evgland, in America) on the 198h of the Court here to understand and be informed, • last April; which sum being immediately that the said John Horne being such person • collected, it was thereupon resolved that Mr. as aforesaid, and contriving and wickedly and • Horne' (again meaning himself the said John maliciously devisiog and intending as aforesaid, Horne) do pay to-morrow into the hands of afterwards, to wit, on the 9th of June in the • Mess. Brownes and Collinson, on the account 15th year aforesaid, with force and arms at of Dr. Franklin, the said sum of 1001. and London aforesaid, in the parish and ward aforethat Dr. Franklin be requested to apply the said, wickedly, maliciously, and seditiously did same to the abovementioned purpose ; John print and publish, and cause and procure to be

Horne' (again meaning himself the said John printed and published, a certain other false, Horpe), in contempt of our said Jord the king, wicked, malicious, scandalous, and seditious in open violation of the laws of this kingdom, libel, in wbieb said last-mentioned libel aro to tbe evil and pernicious example of all others contained, amongst other things, divers false,

scandalous, malicious, and seditious matters of ous example of all others in the like case ofand concerning his majesty's government, and fending, and also against the peace of our said the employment of his troops, according to the present sovereign lord the kiog, his crown and tenor and effect following ; that is to say, dignity: and the said attorney-general of our • King's Arms Tavern, Corobill, June 7. At a said lord the king for our said lord the king • special meeting this day of several members further gives the Court here to understand and • of the Constitutional Society, during an ad-! be informed, that the said John Horne being • journment, a gentleman proposed that a sub- such person as aforesaid, and again unlawfully,

scription should be immediately entered into wickedly, and seditiously intending, devising, • (by such of the members present who might and contriving as aforesaid, afierwards, to wit, • approve the purpose) for raising the sum of on the 15th day of July, in the 15th year afore• 100l, to be applied to the relief of the widows, I said, with force and arms at London aforesaid, • orphans, and aged parents of our beloved in the parish and ward aforesaid, wickedly, ma6 American fellow-subjects, who, faithful to the liciously, and seditiously printed and published, • character of Englishmen, preferring death to and caused and procured to be printed and pub s slavery, were for that reason only inhumanly lished, in a certain other news-paper, intitled, • murdered by the king's' (again meaning bis The Public Advertiser, a certain other false, said majesty's)' troops at or near Lexington wicked, malicious, scandalous, and seditious • and Concord, in the province of Massachusets' libel of and concerning bis said majesty's go(meaning the said province, colony, or plan vernment and the employment of his troops, tation of the Massachusets Bay in New Eng. according to the effect following ; that is to land, in America)' on the 19th of last April,' say, " ľ(meaning himself the said John in contempt of our said lord the king, in open Horne) think it proper to give the unknown violation of the laws of this kingdom, to the contributor this notice, that l'(agaio meaning evil and pernicious example of all others in the bimself the said John Horne) : did yesterday like case offending, and also against the peace pay to Mess. Brownes and Collinson, on the of our said present sovereigo lord the king, bis account of Dr. Franklin, the sum of 50l. and crown and dignity: and the said attorney-ge- that l'(again meaning himself the said John neral of our said lord the king for our said Jord Horne) will write to Dr. Franklin, requesting the king further gives the Court here to under him to apply the same to tbe relief of the stand and be informed, that the said Jobo widows, orphans, and aged parents of our beHorne being such person as aforesaid, and loved American fellow-subjects, who, faithful again unlawfully, wickedly, maliciously, and to the character of Englishmen, preferring seditiously intending, devising, and contriving death to slavery, were' (for that reason only) as aforesaid, afterwards, to wit, on the 14th day inbumanly murdered by the king's' (again of July, in the 15th year aforesaid, with force | meaning his said majesty's) troops at or near and arms at London aforesaid, in the parish • Lexington and Concord, in the province of and ward aforesaid, wickedly, maliciously, Massachusets' (meaning the said province, and seditiously did write and publish, and cause colony, or plantation of the Massachusets Bay and procure to be written and published, a cer- / in New England, iu America) on the 19th of tain false, wicked, malicious, scandalous and last April; John Horue,' (again meaning himseditious libel of and concerning bis said ma- self the said Jobn Horne,) in contempt of our jesty's government and the employment of said lord the king, in open violation of the laws his troops, according to the tenor and effect of this kingdom, to the evil apd pernicious exfollowing: 'l' (neaping himself the said John ample of all others in the like case offending, Horne) think it proper to give the unknown and also against the peace of our said lord the • contributor this potice, that l'(again mean king, his crown and dignity: and the said ating himself the said Jobo Horne) did yester. | torney-general of our said present sovereign • day pay to Messieurs Brownes and Collinson, lord the king for our said lord the king further 6 on the account of Dr. Franklin, the sum of gives the Court here to understand and be in, • 50l. and that l' (again meaning bimself the formed, that the said John Horne being such said Jobn Horne) will write to Dr. Franklin, person as aforesaid, and contriving and wickedly

requesting him to apply the same to the relief and maliciously devising and intending as of the widows, orphans, and aged parents of aforesaid, afterwards, to wit, on the said 15th • our beloved American fellow-subjects, who, day of July in the 15th year aforesaid, with • faithful to the character of Englishmeo, pre- / force and arms at London aforesaid, in the • ferring death to slavery, were for that reason 'parish and ward aforesaid, wickedly, maliciI only inhumanly murdered by the king's' ously, and seditiously did print and publish, (meaning his said majesty's) - troops at or and cause and procure to be printed and pub

near Lexington and Concord, in the province lished, a certain other false, wicked, malicious, • of Massacbusets,' (ineaping the said province, scandalous, and seditious libel of and concerncolony, or plantation of the Massacbusets Bay jug his majesty's government and the employin New England, in America) · on the 19th of ment of his troups, according to the tenor and • last April; John Horne,' (again meaning effect following; that is to say, 'l' (meaning himself ibe said John Horpe) in contempt of himself the said John Horne) think it,proper our said lord the king, in open violation of the to give the opknown contributor this notice, laws of this kingdom, to ibe evil and pernici- that l' (meaning hiinself the said Jolio Horne) VOL, XX,

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