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I never knew of any plotters or conspirators in Ireland, but fuch as were notorious and proclaimed (commonly called Tories) whom I did endeavour to fupprefs. And as I hope for falvation, I always have been, and am entirely innocent of the treafons laid to my charge, and of any other whatfoever.

And though I be not guilty of the crimes of which I am accufed, yet I believe none came over to this place who is in fuch a condition as I am; for if I fhould even acknowledge (which in confcience I cannot do, because I fhould bely myself) the chief crimes laid to my charge, no wife man that knows Ireland would believe me. If I fhould confefs, that I was able to raise seventy thousand men in the districts of which I had care, to wit, in Ulfter; nay, even in all Ireland, and to have levied and exacted monies from the Roman clergy for their maintenance, and to have prepared Carlingford for the French's landing, all would but laugh at me, it being well known, that all the revenues of Ireland, both spiritual and temporal, poffeffed by his majefty's fubjects, are scarce able to raise and maintain an army of feventy thousand men. If I will deny all thofe crimes (as I did, and do), yet it may be that fome, who are not acquainted with the affairs of Ireland, will not believe that my denial is grounded upon truth, though I affert it with my last breath. I dare venture further, and affirm, that if thefe points of feventy thoufand men, &c. had been fworn before any proteftant jury in Ireland, and had been even acknowledged by me at the bar, they would not believe me, no more than if it had been deposed and confeffed by me, that I had flown in the air from Dublin to Holy-Head.

you,

You fee, therefore, what a condition I am in, and you have heard what proteftation I have made of innocency, and I hope you will believe the words of a dying man; and that you may be the more induced to give me credit, I affure that a great peer fent me notice that he would fave my life, if I would accufe others: but I answered, that I never knew of any confpirators in Ireland, but fuch (as I faid before) as were publickly known outlaws; and that, to fave my life, I would not falfely accuse any, nor prejudice my own foul. Quid prodeft homini, &c. To take away any man's life or goods wrongfully, ill becometh any chriftian, especially a man of my calling, being a clergyman of the catholick church, and alfo an unworthy prelate, which I do openly confefs. Neither will I deny to have exercised in Ireland the functions of a catholick prelate, as long as there was any connivance or toleration; and by preaching, and teaching, and ftatutes to have endeavoured to bring the clergy (of which I had a care) to a due comportment according to their calling; and though thereby I did but my duty, yet fome who would not amend, had a prejudice for me, and efpecially my accufers, to

whom I did endeavour to do good; I mean the clergymen ; (as for the four lay-men, who appeared against me, viz. Florence, Macmoyer, the two Neals, and Hanlon, I was never acquainted with them), but you fee how I am requited, and how by falfe oaths they brought me to this untimely death; which wicked act being a defect of perfons, ought not to reflect upon the order of St. Francis, or upon the Roman catholick clergy; it being well known, that there was a Judas among the twelve apostles, and a wicked man called Nicholas, among the feven deacons; and even, as one of the faid deacons, to wit, holy Stephen, did pray for thofe who ftoned him to death; fo do I, for thofe who with perjuries fpill my innocent blood, faying, as St. Stephen did, O Lord lay not this fin to them. I do heartily forgive them, and alfo the judges, who (by denying me fufficient time to bring my records and witneffes from Ireland) did expose my life to evident danger. I do alfo forgive all those who had a hand in bringing me from Ireland to be tried here, where it was morally impoffible for me to have a fair trial. I do finally forgive all who did concur, directly or indirectly, to take away my life, and I ask forgiveness of all those whom I ever offended by thought, word, or deed.

I befeech the all-powerful, that his divine majefty grant our king, queen, and the duke of York, and all the royal family, health, long life, and all prosperity in this world, and in the next everlasting felicity.

Now that I have fhewed fufficiently (as I think) how innocent I am of any plot or confpiracy, I would I were able, with the like truth, to clear myself of high crimes committed against the divine majefty's commandments (often tranfgreffed by me), for which I am forry with all my heart; and if I fhould, or could live a thoufand years, I have a firm refolution, and a strong purpose, by your grace (O my God) never to offend you; and I beseech your divine majefty, by the merits of Chrift, and by the interceffion of his bleffed mother, and all the holy angels and faints, to forgive me my fins, and to grant my foul eternal reft. Miferere mei Deus, &c. Parce animæ, &c. In manus

tuas, &c.

POSTS CRIPT.

To the final fatisfaction of all perfons, that have the charity to believe the words of a dying man, I again declare before God, as I hope for falvation, what is contained in this paper is the plain and naked truth, without any equivocation, mental refervation, or fecret evafion whatfoever; taking the words in their ufual fenfe and meaning, as proteftants do, when they difcourfe with all candour and fincerity. To all which I have here fubfcribed my hand.

Oliver Plunket. CV. The

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↑ CV. The Trial of Sir MILES STAPLETON, Bart. at York Afsizes for High-Treason, June 18, († P. 317.) 1681, 33 Car. II.

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' and expend divers large fums of money, to divers of the king's fubjects, and other perfons unknown, to procure 'those perfons traitorously to kill our faid lord the king, and to introduce the Romish religion into this realm, against the duty of his allegiance, againft the peace of Our faid lord the king, his crown and dignity, and against 'the form of the ftatute in fuch cafe made and provided.'

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Clerk of Affize. Hold up thy hand, Sir Miles, thou haft heard the treafons and other mifdemeanors whereof thou flandeft indi&ted: art thou guilty thereof or not guilty? Sir Miles. Not guilty.

Clerk of Affize. How wilt thou be tried?
Sir Miles. By God and my country.

Sir Miles Stapleton, late of Carleton in the county of • York, baronet, ftands indicted, for that he, as a falfe trai⚫tor against our illuftrious and excellent prince, king Charles the fecond, his natural lord, not having God before his eyes, nor weighing the duty of his allegiance, but by the infligation of the devil being moved and feduced, the ' cordial love, and true, due, and natural obedience, which ⚫ true and faithful fubjects of our lord the king should bear • to him, and of right are bound to bear, wholly withdraw. ⚫ing, devifing, and with all his power intending to disturb the peace and common tranquillity of this realm, and to bring and put our faid lord the king to death and final de-challenge any of them, you are to challenge them as they •struction, and the true worship of God in this kingdom come to be sworn, and before they be fworn.

:

Cl of Affize. Culprit, God fend thee a good deliverance. Clerk of Affize. Sir Miles, this understand you, that these gentlemen that are now to be sworn, are returned by the theriff of this county, to pafs between our fovereign lord the king and for you life; your therefore if

you will

The jury being called, Mr. Juftice Dolben took notice to Sir Miles, that there were but few appeared, and therefore told him, he would do well not to challenge too many of them. Sir Miles thereupon faid, he fhould not challenge many; and enquired whether thofe that ferved on the lady Tempeft's, Mr. Thwing's and Mr. Ingleby's juries did now appear; and the judge answered him, that if they did, care should be taken that they fhould not be fworn. Then the jury being called to the book, Sir Miles challenged thefe, viz. Sir David Fowles. bar. John Esto!t, efq. William Bethel, efq, William Caley, efq. Towers Dritteild, eiq.

by law established and used, to alter to the fuperftition of the church of Rome, and to move and stir up war against our faid lord the king in this realm, and to fubvert the government of this kingdom, the 30th day of May, in the thirty-first year of our faid lord the king's reign, at the parish of Barwick in Elmett in the faid county of York, in the weft-riding of the fame county, with divers other ⚫falfe traitors unknown, did traitoroufly compafs, imagine and intend, the death and final deftruction of our faid • lord the king and to change and alter, and wholly to fub• vert the ancient government of this realm, and to depofe ⚫ and wholly to deprive the king of the crown and government of the faid kingdom, and to root out the true prote stant religion and to fulfil and accomplish the fame moft ⚫ wicked treafons, and traitorous imaginations and purpofes, Marm. Trueman, efq. ⚫ the faid Sir Miles Stapleton, and other falfe traitors unknown, on the faid 30th of May, in the thirty firft year aforefaid, with force and arms at the parish of Barwick 'aforefaid, advifedly, devilishly, maliciously and traitoroufly did affemble, unite and gather themselves together, and then did devilishly, advisedly, malicioufly, craftily and 'traitorously, confult and agree, to bring our faid lord the 'king to death and final deftruction, and to depofe and de'prive him of the crown and government, and introduce ' and establish the religion of the Romish church in this 'realm; and the fooner to fulfil and accomplish the said • most wicked treafons and traitorous imaginations and purpofes, the faid Sir Miles Stapleton, and other unknown 'traitors, then and there advisedly, malicioufly, and trai'torously, did further confult and agree to contribute, pay

J. Wright, efq.
J. Green, efq.
Rob. Bell, gent.
J. Dixon, gent.
T. Wood, gent.

Robert Turner, gent.
John Beckwith, gent.
Simon Warrener, gent,
Gervafe Hatfieild, gent.
John Coats, geht.

Tho, Fletcher,
Rob. Gudgeon,

were fworn.

And only two of the jury returned, viz. Mr. Juft. Dolben. Sir Miles, I fee you muft ftay till the next affizes, for you challenge fo many, here will not be a jury gotten.

Sir Miles. If your lord/hip pleafe, I fhall be content, and do defire the jury may be called that ferved the first day; nay, all the three juries, if you please.

Mir. Juft. Dolben. That is, you would chufe all of one way, and leave the others; where is the indifferency of the trial then; but come call them, I cannot deny it.

The three juries called, and five challenged, viz.
Tho. Worfeley, ciq. Robert Buthel, gent.
Samuel Tennant, gent. Roger Stretwe), gent.

Roger Lee, efq.

And

Chris. Tankard, efq.
who

fworn, look upon the prifoner, and hearken to his charge;
you
shall understand that he stands indicted by the name of
Sir Miles, &c. prout in the indictment; upon this indict-
ment he hath been arraigned, and thereupon pleaded not
guilty, and for his trial hath put himfelf upon his country,
which country you are, &c.

And thefe fworn, viz.
Sir Tho. Pennyman, bar. William Stone,
Thomas Rokely, eiq Thomas Conyers,
was excepted against by Sir Thomas Stringer: as one that
difparaged the evidence of the plot, and called his dogs by
the names of Oates and Bedloe; which the judges allowed
to be a good exception; but there being no witness in the
court to prove it, he was fworn.

Mr. Juft. Dolben. Sir Miles, you must stay till the next affizes we have not a full jury.

(+ P. 318.)

Sir Miles. Here are gentlemen in the court, your lordship may take whom you please. Mr. Juft. Dolben. I cannot do it without the king's council move for a tales, which as this cafe ftands they will not do.

And fo he was remanded to prifon, and remanet pro defectu juratorum until the 18th day of July 1681.

And at the affizes then holden for the county of York, before Mr. Juft. Dolben, and Mr. Baron Gregory, was proceeded against as followeth.

Clerk of Affize, Sir Miles Stapleton, hold up thy hand; thou ftandeft indicted by the name of Miles Stapleton, late of Carleton in the county of York, bar. &c. prout in the indictment.

After not guilty pleaded to the indictment, and other formalities of the court, as before, thefe gentlemen following

were called.

Sir Thomas Maleverer, kt. challenged by the king's counfel.

Then proclamation was made for evidence, and Sir Thomas Stringer, one of the king's counfel aggravated the indictment as followeth.

Sir Miles Stapleton. I defire, my lord, the king's evidence may be put apart, not to hear what each other fwears. Mr. Juft. Dolb. No, no, Sir Miles, that must not be, would you have the fame for your witneffes ?

Sir Thomas Stringer. May it please your lordship, and you gentlemen of the jury; Sir Miles, the prifoner at the bar, ftands here indicted of the greatest and blackest treafons that can be invented by the worst of men; he stands here indicted for endeavouring to depofe the king from his crown and dignity; and imagining and compaffing the death of the king, to alter the established government, and root out the true proteftant religion, and to establish the Romish religion among us. Gentlemen, to compafs thefe wicked designs we shall prove there hath been several confults where the prifoner at the bar hath been, and where he hath contributed money to carry on these wicked defigns: and gentlemen, I muft acquaint you, there hath been a horrid plot against the king and government, and I need not do it, for it hath been made notoriously known; not only parliaments have declared it fo, but there have

Sir Roger Beckwith, kt. challenged by the king's been noblemen, gentlemen, and priests, nay some men have

counfel.

Sir Miles. Are any challenged?

Mr. Juft. Dolben. Yes, there are two challenged for the king.

Sir Miles. I hope they muft fhew caufe why they challenge them.

Mr. Juft. Dolben. Yes, they fhall, but they are not bound to fhew caufe before the pannel be gone through, and then, if you defire it, they will fhew caufe; but I fuppofe Sir Thomas Maleverer married a kinfwoman of your's, and if fo, 'tis a good exception.

Sir Miles. I defire it may be proved.

Richard Audborough, efq; challenged by the king.
John Dodfworth, efq; challenged by the king.
Ifaac Fairfax, efq; Chriftopher Bradshaw, Efq;
lenged by Sir Miles.

Thefe following were called and fworn, viz.
Tobias Hodfon, efq.
John Beverly, efq.
Ant. Frankland, eiq.
John Adams, efq.

been found guilty for carrying on the horrid defign, and have received their deferts. This plot, gentlemen, is no new plot, not a plot of a day, nor of an age; but a plot that hath been carried on for an hundred years. My lord, fince we were delivered by God's mercy from the popish religion by the reformation; ever since that time, the pope, the jefuits, the priests and those of the popish perfuafion, have, my lord, been from time to time, and ever fince, endeavouring to carry on this wicked defign, and had deftroyed us long fince, if we had not been by God Almighty, from time to time, delivered from their power. And you, gentlemen, of the jury, I must tell you, this plot was carried on in queen Elizabeth's time; and as they did in this chal-plot carry on their defigns, with the king of Spain at Valadolid in Spain. The king of Spain, he joined with the popish party here; but it pleased the Lord to take the queen to his mercy, before the plot was effected. And I must tell the fame men of the fame quality that carried it you, on then, have now endeavoured to carry it on in these, days. My lords, the king of Spain, though he was a papift, yet it was fo horrid a thing, that he left them to carry on their wicked defign, and God Almighty did preferve the queen. My lords, they refted not here; but in king James his time they defigned to have deftroyed both king

Francis Battery, efq.
Francis Fuldgam, efq.
Hum. Brook, efq.
Thomas Lee, efq.

Sir Bar. Boucher, kt.
Sir Jn. Jennings, kˆ,
Richard Hutton, efq.
Welb. Norton, efq.
Cryer. Twelve good men and true, ftand together and
hear your
evidence.

Clerk of Affize. Sir Miles Stapleton, hold up your hand (which he did). Gentlemen, you of the jury that are

and

and parliament at one blow, and thereby the whole nation. in it's reprefentatives, and this they managed by Guy Vaux and others. And all king Charles his time the fame plot was on foot, and pray how far did they bring it? they brought it to the death of that gracious king, and the sad effects of a civil war; and they have brought it in these days to raise officers, generals, major-generals, and other officers, and proceeded fo far that actual commiffion was delivered for deftroying our king, and if this had not been by God's mercy prevented, what would have been the evil effects thereof, e're this day? And, gentlemen, I must tell you, that which is now before you is the greatest, and most wicked defign that ever was before men; and though you be of the relations and kindred, yet 1 know if you have but confcience and right in you, you will give a verdict according to the justness of the thing, and the evidence you fhall have.

Mr. Smith. Yes, my lord, they said there was but one man in the way, and that they would foon make an end of him, and that they had men ready in England for it. After this, my lord, I left this Italian college, and came to the English college (for I had a mind to come there) and I made friends with the jefuits: after I came to the Englifh college, my lord, I was informed of one father Anderton rector of that college, and father Mondford, who told me, that by means of this cardinal Norfolk they did not doubt but to take the king out of the way; and that they would give me all privileges that could be for a young man in that time. When I was coming away, my lord, from Rome, and had my letters emiffaries, by cardinal Perorin (he fent for me when I was coming away, and as is ufually done to all scholars, and they kifs the pope's toe, and he gives them his blefling and particular indulgence; which I had when I came into England) said he to me, there

Sir John Ottwith. We call Mr. Smith firft, who will is one man in the way who hath made us fair promises, but give you an account of the plot in general.

Mr. John Smith called and fworn.

Mr. Juft. Dolben. Mr. Smith, pray tell the court what you know of the plot.

Mr. Smith. I must speak of it then what I have done beyond fea, my lord.

(† P. 319.)

My lords, I remember when I had been first beyond fea, I became acquainted with one Abbot Montagu and Mr. Thomas Car, at Paris, and they told me then, if I came to the Romish religion what preferment I fhould have here in England: they told me what friends they made in England, they named feveral perfons about the court, and feveral gentry in England which I did not then know to be papifts. I ftaid some time among them in Paris, and all this while I did not pervert to the Romish religion; though they told me how many jefuits they had fent over into England. After I left France, I was for going for Rome, where I met with father Anderton, rector of the English college, and father Southwel, and father Campion, who introduced me into the acquaintance of cardinal Grimaldi, which is an Italian name, but he is archbishop of that place; 1 happening there, they carried me to speak to the cardinal, and he told me what likelihood there was for introducing the Romish religion into England, and he told me, he would prefer me very well there, if I would turn to their religion; and gave me letters to feveral friends in Italy: at laft I was perverted to the Romish religion, by virtue of this cardinal; and this gentleman at last asked me if I had a mind to study, I told him yes, fo I came into an Italian college, and became acquainted with all the fecular pricfts, both English, Scotch, and French; who told me what intereft they had made in England, during the coming in of cardinal Norfolk, and faid, there was but one man in the way, meaning the king, and faid they fhould foon remove him.

Mr. Juft. Dolben. Did they mean the king?
VOL. III.

will perform nothing, therefore we muft take him out of the way, and that I might be instrumental in the design; with this, my lord, I took leave of the college, and we came five into England as priefts, and I made my application to the arch-priest, which was in London, one Purrat, and I was employed a long time by him in England; but procla mations coming forth for the apprehending popish priests, I was conftantly after at the Portugal embaffador's chapel, where this Purrat had a chamber, wherein I difcourfed with feveral of the clergy in England, who faid they doubted not but popery would foon be fettled in England. I came after that to live at one Mr. Jennifon's houfe, where the clergy had several meetings, and we were all of opinion that course would be taken with the king, unless he brought in popery. And this, my lords, is all I can fay in general. Mr. Juft. Dolben. Do you know of any confpiracy in Yorkshire?

Mr. Smith. My lord, I am coming to that. When I came to Mr. Jennifon's houfe, there was one Mr. Thwing, a prieft, who has fuffered as a confpirator, he was well acquainted in the house before I came there, and did very much to perfuade me that I would intreat Mr. Jennifon to fend his daughters to a place called Dolebank, where a nunnery was to be erected, and I knew feveral that were there. This Mr. Thwing came to me oftentimes, and feveral priests in this city, and they all preffed me to it, but I was against it, knowing what their design was.

Mr. Juft. Dolben. But do you know any thing against the prifoner?

Mr. Smith. All that I can fay to the gentleman at the bar, is this: I never faw him before to my knowledge; but Mr. Thwing, when we were at Mr. Jennifon's, and difcourfing of the plot, afked me how they gave money in the bishoprick, 1 told him some gave more, fome lefs. Mr. Juft. Dolben. What were thofe collections for? Mr. Smith. My lord, it went among ourselves under3 A

the

Mr. Juft. Dolben. Are you fure that in the prefence of Sir Miles Stapleton it was refolved the king should be killed? Mr. Bolr. Yes, my lord, it was refolved both by him and all others, that the king fhould be killed; and, my lord, I heard them further fay, if the duke of York did not pleafe, that they would ferve him as they would ferve his brother.

the notion of killing the king, and rooting out the protestant religion; but we gave it out that it was repairing a college at Doway, which, if granted, had been penal by law. Then I afked him, how doth the collections go among you in Yorkshire? Some, faith he, give freely; but, faith he, my uncle and his friends are engaged another way; for, faith he, they are going to make a founder for Dolebank; feveral perfons he named, among which he pamed this gentleman.

Mr. Juft. Dolben. What faid he of Sir Miles? Mr. Smith. He faid, Sir Miles was very zealous for promoting the Roman catholick religion, and had contributed largely for the introducing of it into England.

Mr. Bar. Gregory. You fay that amongst yourselves you gave it out, that the money that was raised was for the killing of the king, and rooting out the proteftant religion; pray, by what way and means was it to be done, was that ever difcourfed among any of you; was it for raifing of an army? or what was it for?

Mr. Smith. Wherever I was, my lord, it was refolved, that that was the most effectual means for the introducing of popery.

Mr. Robert Bolron called and favorn.

Sir Thomas Stringer. Mr. Bolron, acquaint my lords and the jury, what you know of Sir Miles Stapleton.

Mr. Bolr. May it please your lordship, I came to live with Sir Thomas Gafcoigne in 1674, as fteward of his coalworks; and was then a proteftant, but was perfuaded by Mr. Rushton, Sir Thomas, and others, to turn Roman catholick; when I had turned Roman catholick, about 1676, they came and asked me, what I would do for the Romish religion, if it fhould come to it; I told them, I would venture my life in that caufe, and then I went to Barmbow-Hall, where I took the oath of fecrecy; after that I went to Barmbow-Hall, where Sir Miles Stapleton was at a confult in 1677.

Mr. Juft. Dolben. At what time in 77?

Mr. Bolr. It was about Whitfuntide, my lord.

Mr. Juft. Dolben. That was the Whitfuntide after you had taken the oath of fecrecy?

Mr. Boir. Yes, my lord.

Mr. Juft. Dolben. Who was there? († P. 320.) + Mr. Bolr. Sir. Miles Stapleton, Sir Tho. Gafcoigne, Mr. Gafcoigne his fon, my lady Tempest, lawyer Ingleby, Mr. Thwing, father Rufhton, and feveral others.

Mr. Bar. Gregory. What was there donc at that confult? Mr. Bolr. My lord, the confult was about killing the king, and establishing a nunnery at Dolebank, near Ripley; Sir Tho. Gafcoigne gave 90l. per annum and gool. for killing the king; and 1 remember very well, Pickering was mentioned about the killing the king; and they asked Sir Miles Stapleton what he would give? and he faid, 2007. for killing the king.

Mr. Bar. Greg. Who faid thefe latter words ?

Mr. Bol. Sherby of Stone-Houfe faid thefe latter words, and Mr. Shereburn faid

Mr. Juft. Dolben. No matter what Mr. Shereburn faid. What said Sir Miles?

Mr. Bolr. The gentlemen faid, that Sir Miles fhould be a privy counfellor, and that they would procure the

duke's confent to it.

Mr. Juft. Dolben. Is that all?

Mr. Bolr. My lord, I was further at a confult in 78, about the thirteenth or fourteenth of June.

Mr. Bar. Greg. What time was that?

Mr. Bolr. The thirteenth day of June 78, and there it was agreed upon the taking of Hull, the letting in of the French there, as the fitteft place for the French to land at. Mr. Juft. Dolben. Where was this?

Mr. Bolr. At Barmbow; and likewife they did dif courfe, that my lord Bellafis had caufed the block-houfes to be almoft ruined, that the French might more easily come in; and we had all pardons for our fins.

Mr. Lawrence Mowbray called and forn. Sir Tho. Stringer. Mr. Mowbray, tell my lords and the jury what you know against Sir Miles Stapleton, the prifoner at the bar.

Mr. Mowbray. My lords, you have heard what Mr. Smith, and Mr. Bolron fay to the plot in general; what I fay fhall be very brief, in relation to Sir Miles Stapleton, and no further. Sir Miles Stapleton being prefent with Sir Tho. Gafcoigne, my lady Tempeft, efquire Gafcoigne, and feveral others, they held feveral difcourfes concerning a defign of killing the king, fubverting the government, and bringing in popery, and accordingly they would fire London.

Mr. Bar. Greg. When was this?

Mr. Mowbray. This was in 76, where father Rushton gave him an oath of fecrecy, and he promised to be true to the defign, and would venture his life and estate for the promoting fo good a cause.

Mr. Juft. Dolben. Did you hear Sir Miles Stapleton fay he would adventure his life and estate for killing of the king?

Mr. Mowbray. Yes, my lord.

Mr. Juft. Dolben. And was it refolved at that confult? Mr. Mowbray. Yes, my lord.

Mr. Juft. Dolben. And he confented to it? Mr. Mowbray. Yes, my lord, and took the oath of fecrecy from father Rushton.

Mr.

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