USA > Massachusetts > Essex County > The Indian land titles of Essex County, Massachusetts > Part 3
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In 1680, when this deed was copied into the Town Records, the following testimony, taken by Nathaniel Saltonstall, Esq., of Haverhill, was recorded with it: -
The Revd Teacher of ye Church & Towne of Haverhill Mr Jnº Ward ; & wm White, & Tho. Davis do testifie that Haverhill Towneship or lands then by ye Indians called Pen- tucket, was purchased of ye Indians as is mentioned in ye deed in this paper contained, wc is entered upon record, And yt wee were then Inhabitants at Haverhill & present wth ye Indians Passaquoi, & Saggaihew (who were then the apparent owners of ye land ; & so accounted) did signe and confirme ye same ; And that then wee, (with others now dead) did signe our names to ye deed. Which land Wee have ever sinse en-
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joyed peaceably without any Indian molestation from ye Grantors or their heirs.
Taken upon oath February ye 4th 1680 before
NATH : SALTONSTALL Assist ; 1
The original document was in the possession of William White, one of the witnesses to the deed, and his descendants until about 1860, when it was delivered into the custody of the town by E. A. Porter, admin- istrator of the estate of the late Charles White, Esq. It is now in the possession of the Haverhill Historical Society, and is reproduced herewith.
I Below the record of the deed in the Town Records of Haverhill the following affidavit is written: -
" Leivt Browne & Leivt Ladd: both affirme upon oath that what is entered in ye Records for Haverhill, as ye deed of purchase from the Indians of Haverhill Towne-ship or lands, of which ye deed above written is a true coppy, was - is a true coppy, extract or tran- script of the originall deed given by ye Indians.
" Taken upon oath, February ye 4th 1680. Before me, "NATH: SALTONSTALL Assist."
THE CONVEYANCE OF ANDOVER
THE town of Andover originally included the pre- sent towns of Andover and North Andover and that part of the city of Lawrence which lies southerly of Merrimack River. This territory was called by the Indians Cochickawick, and was a part of the territory of Naumkeag, which was included within the domain of the redmen ruled by the Massachusetts tribe.
The sagamore of the Massachusetts when Andover was settled was Cutshamache, otherwise called Cuts- make or Cutshamakin, who lived near Dorchester, and was a kinsman of Passaconaway, the chieftain beyond the Merrimack. In 1636, Cutshamache was allowed by the general court sufficient gunpowder for nine or ten shots that he might kill some fowls for himself.' In 1642, he desired the colonial authorities to give him a coat, and the matter was referred to the treasurer of the colony, Captain Edward Gibbens.2 March 7, 1643- 44, he was one of the Indians who voluntarily placed themselves under the authority of the Massachusetts Bay Colony government.3
I Records of the Massachusetts Bay Colony, Boston, 1853, volume I, page 181.
2 Records of the Massachusetts Bay Colony, Boston, 1853, volume II, page 27.
3 Records of the Massachusetts Bay Colony, Boston, 1853, volume II, pages 55 and 56.
The submission which the several Indians signed is as follows : -
" Wee haue & by these presents do voluntarily, & wthout any constraint or pswasion, but, of or owne free motion, put orselues, or subiects, lands, & estates under the government & jurisdiction of the
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The settlement at Cochickawick, which became the town of Andover, was begun in 1641 ; and a church was formed there October 24, 1645, when Rev. John Woodbridge of Newbury was installed as pastor. Mr. Woodbridge was born at Stanton, Highworth, Wilt- shire, England, about 1613, his father being the min- ister of that parish. He came to Newbury with his uncle, Rev. Thomas Parker, and the colony constitut- ing that settlement in 1635. He entered Harvard College, and was the first graduate. He was master
Massachusets, to bee governed & ptected by them, according to their just lawes & orders, so farr as wee shalbee made capable of un- derstanding; & wee do pmise for orselues, & all or subiects, & all or posterity, to bee true & faithfull to the said government, & ayding to the maintenance thereof, to or best ability, & from time to time to give speedy notice of any conspiracy, attempt, or evill intension of any which wee shall know or heare of against the same ; & wee do pmise to bee willing from time to time to bee instructed in the knowledg & worship of God. In witnes whereof wee have hereunto put or hands the 8th of the first mº, @ 1643-1644.
" CUTSHAMACHE, NASHOWANON, W OSSAMEGON, MASKANOMETT, SQUA SACHIM."
Before this submission was allowed to be accepted by them, the Indians were examined as to their religious belief and moral attitude. This examination was as follows: -
" F. To worship ye onely true God, wch made heaven & earth, & not to blaspheme him.
" An: We do desire to revrence ye God of ye English, & to speake well of him, because wee see hee doth better to ye English than othr gods do to others.
" 2. Not to swear falcely. An: They say they know not wt swer- ing is among ym.
" 3. Not to do any unnecessary worke on ye Saboth day, especially
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of the Boston Latin School; married Mercy, daughter of Governor Thomas Dudley ; and returned to New- bury, where he was a justice of the peace and deputy to the general court. He was a scholarly, but practical, man, patient and of an excellent spirit. He was the first minister ordained in Essex County, and the second in New England, the service occurring Septem- ber 16, 1644. He was the leading person in the An- dover settlement from his installation in 1645, and, in behalf of the town, he purchased of the sagamore Cutshamache all the right and interest of the chief in
wthin ye gates of Christian townes. An : It is easy to ym ; they have not to do on any day, & they can well take their ease on yt day.
"4 To honor their parents & all their supiors.
" An : It is their custome to do so, for the inferiors to honor their supiors.
" 5. To kill no man wthout just cause & iust authority.
" An: This is good, & they desire to do so.
" 6. To comit no unclean lust, or fornication, adultery, incest, rape, sodomy, buggery, or beastiality. An : Though sometime some of ym do it, yet they count that naught, & do not alow it.
"7. Not to steale. An : They say to yt as to ye 6th quere.
" To suffer their children to learn to reade Gods word, yt they may learn to know God aright, & worship him in his owne way.
" They say, as oportunity will serve, & English live among ym, they desire so to do.
" That they should not bee idle."
To these statements the Indians consented, acknowledging them to be good. The authorities were satisfied with the result of the ex- amination and accepted their allegiance. The general court ordered the colonial treasurer to give each of the Indians a coat of red cloth, - two yards of material in each, and a potful of wine. The Indians presented the members of the court with twenty-six fathom of wampum.
-- Records of the Massachusetts Bay Colony, Boston, 1853, volume II, pages 55 and 56.
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the territory which included the land six miles to the south of the English village, which was at the pre- sent centre of North Andover village, easterly to the then Rowley, now Boxford line, and northward to the Merrimack River. No deed confirming this transfer was given, as far as known, and the transaction was oral and made in the presence of the general court, at Boston, May 6, 1646.'
The consideration of six pounds was paid, it is said, by Mr. Woodbridge and Edmund Faulkner. As part of the consideration there was also given to the sagamore a coat and a provision made that Roger, the Indian, and " his company " have liberty to take alewives in Cochickawick River for their own con- sumption, but that the last privilege should cease if the Indians spoiled or stole any corn or other fruit belonging to the English inhabitants of any consider- able value. Further, it was agreed that Roger should continue to enjoy the four acres of ground where he then planted.
I Rev. John Woodbridge closed his pastoral relations with Andover in 1647, and went to England, where he became chaplain of the court of commissioners which tried, convicted and executed King Charles I, in 1649. Mr. Woodbridge was subsequently settled in a parish in Andover, in Hampshire, England. He returned to America in 1663, and became assistant to his uncle, Rev. Mr. Parker, at Newbury. He died March 17, 1695, at the age of eighty-two. As a Harvard graduate, President Dunster called him the "most honorable of his class "; Cotton Mather named him: "Leader of the Whole Company, A Star of the first magnitude" ; and Doctor Calamy said, " He was a great man every way, the lasting glory, as well as the First Fruits of that Academy."
On that day, Cutshamache was allowed by the general court the privilege of buying two or three pounds of swan shot. - Records of the Massachusetts Bay Colony, Boston, 1853, volume II, page 148.
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The record of this release is as follows : -
At a General Corte, at Boston, the 6th 3th mº 1646, Cutshamache, sagomore of ye Massachusets came into ye Corte, & acknowledged yt for ye sume of 61 & a coate, wch he had already received, hee had sould to Mr John Wood- bridge, in behalfe of ye inhabitants of Cochichawick, now called Andiver, all his right, interest, & priviledge in ye land 6 miles southward from ye towne, two miles eastward to Rowley bounds, be ye same more or lesse, northward to Merrimack Ryver, pvided yt ye Indian called Roger & his company may have librty to take alewifes in Cochichawick River, for their owne eating ; but if they eith" spoyle or steale any corne or oth' fruite, to any considerable value, of ye in- habitantes there, this librty of taking fish shall forever cease ; & ye said Roger is still to enioy foure acres of ground where now he plants. This purchase ye Corte alowes of, & have granted ye said land to belong to ye said plantation for evr, to be ordred & disposed of by them, reserving liberty to ye Corte to lay two miles square of their southerly bounds to any towne or village yt hereafter may be erected there- abouts, if so they see cause. Cutshamache acknowledged this before ye magistrates, & so ye Corte appveth thereof, & of the rest in this bill to be recorded, so as it piudice no former graunt.1
The name of Roger is perpetuated in Roger's Brook, and in Roger's Rock2 until a generation ago, when the latter well-known landmark was re- moved.
At the period when this transaction occurred ale- wives swam in the streams here in large numbers, but
I Records of the Massachusetts Bay Colony, Boston, 1853, volume II, page 159.
2 Roger's Rock was near the present site of the South Congrega- tional meeting house.
4
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were of the less desirable variety of fish, being sim- ilar to herring.
Whether the provision that the Indians should abstain from spoiling or stealing corn or other fruit to " any considerable value " indicates that it was as- sumed that the planting ground of the white man should be free to them on necessary occasions to a limited extent is an open question. If it had been a concession to the Indians when they were in great need of food, the spoiling of the corn would not probably have been mentioned. Further, if this were true, the imperfect ears, or otherwise second quality of the corn or fruit, as in the case of the fish, would have been allowed to the Indians. It seems rather a recognition of the mischievous, careless, and thieving propensity of the red men. This is not to be charged against them too severely, however, for rights of pro- perty, especially of natural products, was not a part of the curriculum of their early training.
NEWBURY DEEDS
THE earliest deed given by the Indians of land in the town of Newbury was that of Great Tom, as he was called, under date of April 16, 1650. The prem- ises conveyed consisted of thirty acres of planting land near Indian Hill. The consideration paid for the land was three pounds, and the conveyance was made to William Gerrish, Abraham Toppan, and An- thony Somerby in behalf of the town. Major Ben: Perley Poore, who lived at Indian Hill, possessed this ancient deed, and when at work on the history of the Poore family, took it to Washington, where he ex- pected to complete his work. Hedied there soon after, in 1887. His family instituted a search for his manu- scripts and learned that the persons having custody of his effects had destroyed his papers, considering them of no particular value. The following transcript of this deed was taken from a contemporary copy made from the original by Anthony Somerby, one of the grantees and clerk of the town : ---
Witness by these presents that I, Great Tom, Indian, for and in consideration of three pounds in hand paid by and received of the townsmen of Newbury, have given, granted, covenanted, and fully bargained, and for and by these pre- sents do give, grant, convey confirme, bargain, and sell all that my thirty acres of planting land as it is fenced in one entire fence in Newbury, lying neere Indian hill, with all my right, title, and interest in all the woods, commons, and lands that I have in the township of Newbury to have and
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to hold, all the said premises Respectively to bee to the proper use and behoof of the said inhabitants of the Said Towne of Newbury, their heirs, executors, administrators, and assignes for ever, and I, the said Great Tom, Indian, doe hereby engage and bind myself, mine heirs, executors, and assignes unto Mr. William Gerish, Abraham Toppan, and Anthony Somerby, being Townsmen in the behalf of Said Towne, to warrantize the said Bargained premises to the said Towne and for ever defend.
In witness whereof I the said Great Tom, Indian, have sett my hand and seale April 16, 1650.
Witness
JOHN BARTLET, the mark X of GREAT TOM, Indian. WILLIAM TITCOMB.
Of these persons who received the title for the town, Captain William Gerrish came from Bristol, England, to Newbury about 1640, and at the time of this transaction with the Indians was about thirty- three years of age. A month afterward he was elected one of the deputies to the general court and was re- elected in 1651, 1652, 1653, and 1673. Abraham Top- pan was a cooper by trade, and had come to Newbury in 1637. At the time that he appeared as a party to this deed, he was about forty-two years old, and was somewhat prominent in the affairs of the town. An- thony Somerby was a schoolmaster and the town clerk at that time. He was about forty years of age, and had come from Little Bytham, Lincolnshire, England, in 1639.
Of the witnesses to the deed, John Bartlet was of middle age, and lived in Newbury, holding some minor town offices. William Titcomb was about forty years of age at the time he witnessed the deed. He
Deed from Job and Mary to Henry Sewall, of Indian field, in Newbury, dated May 14, 1681. Reproduced same size as the original, which is in the possession of the Ould Newbury Historical Society.
To all People to whom this present bed of -chito, Hagar Proan & Mary Inviar lang bury Falls revealed To Mr. Henry wall New England Few Greeting &C. Not Know Indians for good causes them thereuns mos Pounds thirteen killings & four Perea Henry Sewall before we Sealing & Oliver acknowledge themselves fully Satifucus I and yes " Job, Hazar, & Mary Joe Gythe Bargain Sell cette, Enfort & Confirm. Sand lying in Newbury aboveland Buffalo Northerly Side with ye areal Brook min side with a fine janine from ye head? near Andover Flow, and on the forthe ty Called R Inviar Fier, Containing El more or Less, together with all theirlas & Lines, with Divers, Brooks & Sping to Hold ye I parchi of sand with all unto Fair Henri, Sewall his Heirs and mary acknowista themselves to have w Indians Can Pay any fight faill. Claim to Whom up all their writing to Evidences Concernsy, and that they will live hereafter more - quiring ye same in need or other legal 24 Mary Indians has Ser wo their Hans !! six hundred Eighty one
Job Indf his man
zes of Sit That come: Job Indian, Granat nDaughter to OK Will Indian Late of New wall of Newbury in 2. Massachufels Colony in Know Is that the Job, Haga & Mary- moving, ind especially in Consideration of Six 'ne a piece in Hand paid to each of them by Divery of Het Property, with which jumes hoy Zato Have Given Granted Bargains Jons Shel Freisch fully and absolutal Giorno, i infom unto ye id Henry Sewall one parcel Need and Bounded a followche viz on je bring along ye High"Fiets, on ye Wester casofo lewal's Farm to yo uper Falls at a Socherly Five with Newbury River, Being rgf Ellimation one hundred & Sich, Acres be Heinland in Newbury Bound through without "Springs of water, Trees & Herbage To Have any h all'viledges & Agurbenances Werde belonging Mink Afsigns for Ever. Morequer ye To Jot, Haga? we will authoring to convey hands, an ye no other than; at they office themselves Heim & usigns to give wine it into ye Hands of A Sewall for Herr Genqu wereimple Assurance of uc Premier bot Sewed . He's lady In willen whereof the To Job, Hagan and Scal this fourteenth day of May one thousand
mary 1 Indian's mark
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was prominent in Newbury, which he represented in the general court in 1655 and 1656.
Other than in this deed there is no reference to Great Tom in existing records.
The next deed executed by an Indian of lands in Newbury is that of Job, Hagar, and Mary, Job being apparently a grandchild and Hagar and Mary daugh- ters of Old Will, who had formerly lived at New- bury Falls, now within the limits of Byfield Parish, and at the time of drawing the deed was deceased. The premises described in the instrument consisted of about one hundred and sixty acres of land, called " ye Indian field," and all their other land in Newbury. The consideration of the conveyance was six pounds, thirteen shillings, and fourpence; the grantee was Henry Sewall; and the date of the deed was May 14, 1681. Henry Sewall lived in Newbury, having emi- grated with his father from Coventry, England, in 1634. He was about fifty-five years old at the time this deed was executed. He was a prominent and influential man in Newbury, being representative to the general court in 1661, 1662, 1663, 1666, 1668, and 1670. He was father of the distinguished Chief-Justice Samuel Sewall of Boston, who was connected with the witchcraft trials at Salem in 1692.
The original deed is written on paper, and meas- ures about nine inches in length and seven in breadth. The original document is in existence, and deposited with the Ould Newbury Historical Society, at its rooms in Newburyport. There is no known record of it, and an exact reproduction of it is given herewith.
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The following is a copy taken from the original instrument : -
To all People to whom this prefent Deed of Sale shall come : Job Indian, Grandchild, Hagar Indian & Mary Indian Daughter to Old Will Indian late of Newbury Falls deceafed To Mr. Henry Sewall of Newbury in ye Mafsachufets Col- ony in New-England Send Greeting &c. Now Know ye that the fd Job, Hagar & Mary - Indians for good caufes them thereunto moving, and efpecially in Confideration of Six Pounds thirteen Shillings & four Pence a piece in Hand paid to each of them by fd Henry Sewall before ye Sealing & Delivery of thefe Prefents, with which Sumes they acknow- ledg themfelves fully Satiffyed & Paid Have Given Granted Bargained Sold and ye fd Job, Hagar, & Mary doe by thefe Prefents fully and abfolutely Give Bargain Sell Aliene, En- feoff & Confirm unto ye fd Henry Sewall one parcell of Land lying in Newbury abouefaid Buttelled and Bounded as fol- loweth viz. on ye Northerly Side with ye great Brook run- ning along ye High-Field, on ye Westerly side with a Line runne from ye head of sd Sewall's Farm to ye Uper Falls at or near Andover Road, and on the Southerly Side with Newbury Riuer; being comonly called ye Indian Field, con- taining by Eftimation one hundred & Sixty Acres be it more or Lefs, together with all their Land in Newbury Bounds though without ye fd Lines, with Rivers, Brooks & Springs of Water, Trees & Herbage To Have and to Hold ye fd parcell of Land with all Priviledges & Apurtenances thereto belonging unto faid Henry Sewall his Heirs & Afsigns for Ever. More- over ye fª Job, Hagar and Mary acknowledg themfelves to have lawfull authority to Convey sd Lands, and yt no other Indians Can lay any rightfull Claim to them ; and they oblige themfelves Heirs & Afsigns to give up all their Writings & Ev- idences concerning it into ye Hands of fd Sewall his Heir & Afsigns and that they will give hereafter more ample Afsur- ance of ye Premifes to fd Sewall &c. He requiring ye Same,
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by Deed or other legal way : In Witnefs whereof the fd Job, Hagar ; & Mary Indians have Set to their Hands & Seals this fourteenth day of May one thoufand fix hundred Eighty & one
JOB Indian [SEAL] MARY M [SEAL]
his Mark
Indian's mark
Why Hagar did not sign this deed is unknown.
The deed of the territory of the town of Newbury was executed by Samuel English, son of Sarah, and grandson of Masconomet, the sagamore of Agawam. The identity of Samuel English was proved by the oaths of Joseph Foster of Billerica and Moses Parker of Chelmsford January 10, 1700-01, when they ap- peared before Daniel Peirce and Thomas Noyes, both of Newbury, justices of the peace and of the quorum.' These justices were prominent men. Captain Peirce was born in Newbury May 15, 1642, being son of
I " The Depofition of Joseph ffoster Testifieth & saith that he did know Sarah ye Daughter of Mafchanominet the Sagamore of Aga- wam & further that Samuel English was reputed to be her Eldest Sonne now Suruiuing Joseph ffoster appeared ye Tenth Day of January 1700 & made Oath to ye Truth of ye above written Tes- timony before vs:
" DANIEL PEIRCE Justices of THOMAS NOYES S ye peace"
" The Depofition of Mofes Parker Testifieth & Saith that he very well knoweth that Samuel English is ye reputed Son of Sarah the Daughter of ye Sagamore Mafchanominet & Eldest Son now Suruiuing. " Mofes Parker appeared the Tenth Day of January 1700/1 & made Oath to ye Truth of ye aboue written Testimony before vs.
" DANIEL PEIRCE Justices of
THOMAS NOYES ye peace Quorum unus"
- Essex Registry of Deeds, book 14, leaf 67.
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Daniel Peirce, a blacksmith, who came from London, England, about 1637. Captain Peirce was fifty-eight years of age at this time. He had represented the town of Newbury in the general court in 1682, 1683, and 1692. Colonel Noyes was a son of Rev. James Noyes, and was born in Newbury August 10, 1648, being at the time these affidavits were made fifty- two years old. He represented the town in the general court in 1692 (with Captain Peirce), 1693, 1694, 1696, 1698 and 1699.
The grantees of this deed were Cutting Noyes, Joseph Knight, Richard Dole, John Worth, and Jo- seph Pike, the selectmen of Newbury "in the behalfe & for ye vfe & propriety of Said Towne of New- bury." The consideration paid was ten pounds in cur- rent money. Of these selectmen, Cutting Noyes was a son of Nicholas Noyes, and was born in Newbury September 23, 1649, being at this time fifty-one years of age. Deacon Noyes was a prominent man in the town and church. Joseph Knight was a son of John Knight, Jr., and was born in Newbury June 21, 1652, being therefore forty-eight years old. He lived in Old Town, and apparently led a quiet farmer's life. Richard Dole was a son of Richard Dole, a native of Bristol, England, and was born in Newbury September 6, 1650, being at the time this deed was executed fifty years of age. He also led a quiet life. John Worth was a son of Lionel Worth, and was born in New- bury September 18, 1664, being at this time thirty- six years old. Joseph Pike was a son of Joseph Pike, and was born in Newbury April 17, 1674, being the youngest member of the board of selectmen, and only twenty-six years of age.
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The deed is dated January 10, 1700-01; was ac- knowledged on the same day; and recorded, three days later, in the Essex Registry of Deeds, book 14, leaf 67. The following copy of this deed is taken from this record :-
To all people to whome thefe prsents Shall come Samuel English Grandfon and hier of Mafconomet the Sagamore of Agawam an Indian in ye province of ye Mafsachufets in New England Sendeth Greeting Know yee that ye Said Samuel Eng- lish good & Sufficient Reafons & confideracons mouing him Therevnto but Especialy for & in Confideracon of ye full & Just Summe of Ten pounds in Currant money of New Eng- land truly paid vnto me by Cutting Noyes Joseph Knight Richard Dole John Worth & Joseph Pike Select men of ye Towne of Newbury in ye Countey of Efsex in the Mafsa- chufets Bay in New England in ye behalfe of Said Towne of Newbury wherewith I The Said Samuel English doe hereby acknowledge my Selfe fully Satisfied paid & Content for Euer Haue giuen granted bargained & Sold & doe by thefe prefents for me my hiers Executors administrators & afsigns for Euer giue grant bargaine Sell & Confirm vnto ye abouesd Select men in the behalfe & for ye vfe & propriety of Said Towne of Newbury and Thier hiers for Euer a Tract of land Con- taining Ten Thoufand acres be it more or lefs lying within ye Towneship of Said Newbury & Containeth the whole Towne- ship of sd Towne & is abutted and bounded Eafterly by ye Sea northerly & northwesterly by Merrimack riuer westerly by Bradford Line & Southerly by Rowley Line together with all ye wood Timber lands grounds Soyles Waters Streames Riuers Ponds fishings huntings stones mines mineralls heredita- ments & all The appurtenances belonging to ye Same & Euery part thereof within Said Towneship To Haue & To Hold to Them ye Said Cutting Noyes Joseph Knight Richard Dole John Worth Joseph Pike Select men in ye name & behalfe & for ye vfe benefit & behoofe of sd Towne of Newbury &
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