USA > Maine > The history of the state of Maine; from its first discovery, A. D. 1602, to the separation, A. D. 1820, inclusive, Vol. I > Part 24
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the Superior Court of Massachusetts and Maine, determined the southerly line of the patent to pass easterly and westerly through the bend of the river Cobbesseecontee which is nearest the western ocean .- Sullivan, p. 118 .- This was confirmed by a State's deed, Feb. 18, 1789,-and defined to be (on the east side of the Kennebeck) "'in the north line of Woolwich." The north line being without any definite boundary, was determined by deed, obtained of the Sagamores, A. D. 1648, by the Plymouth Colony, and another A. D. 1653. " of all the lands from Cushnoc to Wessarunset ;" and by the surveys and plans of Johnson, Bane and Bradbury, and the deposi- tions of old men. See " statement of Kennebeck Claim," A. D. 1783-5, con- firmed by same Deed of State, 1789 .- 3 Greenleaf's Rep. p. 111 .- Ought not the date of the Pat. to be " A. D. 1630," new style ?- Prince's Ann. p. 197-8 .- Sullivan, p. 170.
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A. D. 1629. gagements by them and their associates, to bring 50 inhabitants into the plantation within seven years, and to advance, as much as practicable, its interests, and give it strength and safety against ' natives and invaders.'* The first habitations were near the sea- shore ; and though the increase and growth of the plantation had hitherto been quite slow, its people were orderly, healthful, and contented. If ancient statements be correct, they had, about this time, perhaps when the patent was received, an organ- ized administration of government, " Vines being Governor, and Bonython assistant." They also raised taxes for the support of public worship; and cultivated an harmonious and lucrative intercourse with their savage neighbors.
Lygonia Patent. 1630.
Another patent, much more extensive and important, was obtain- ed from the same source, A. D. 1630, and called LYGONIA. The territory, though indefinitely described, was 40 miles square, and extended from Cape Porpoise to Casco, as limited ; but as it was afterwards considered, it reached to the southerly margin of Mer- ryconeag peninsula, [Harpswell,] in Casco bay. In some in- stances the Plymouth Council granted the rights, both of soil and government. The present was of that character, being a charter of privileges as well as a patent of lands. It was executed by the Earl of Warwick, their president, and by Sir Ferdinando, claimant of the country under a former assignment of Laconia to him and Mason, followed by a partition between them. If we may give credit to Hubbard and Sullivan, John Dye, Thomas Impe, Grace Harding, and John Roach, gentlemen of London, were the proprietary grantees ; and they made provision for set-
* Livery of siezin was given June 25 and 28, 1631 .- See these two pa- tents entire in Appx. of Folsom's Saco and Biddeford, p. 315-319 .- See also Bl. of Claims, p. 8-53 .-- Vines was the agent of Gorges, who for the most part kept the plantation in his own hands .- Hubbard's N. E. p. 224.
t In the memorandum to the deed of Passaconaway and others, May 17, 1629, this is inserted as an attestation, " Richard Vines, Governor, Richard Bonython, assistant of the plantation of Saco."-1 Belk. N. H. Appx. p. 291 .- But quere as to the genuineness of that deed ?- See Sullivan, p. 114 218-220-224 .- Vines lived near Winter-harbor on the sea shore .- Bonyt- hon lived on the east side of the river, 1-4th mile from the water .- Sull. p. 224.
¿ It extended to Kennebunk river west ; and probably to Harpswell, east, for the titles to the lands in the latter town were from the Plymouth pro- prietors .- MS. Letter of Rev. Mr. Eaton .- The patent says its extent " is 40 miles."-It is " south of Sagadahock," from C. Porpoise to C. Elizabeth.
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tling a colony principally with agriculturalists, and establishing a A. D. 1630, form of civil government. To encourage emigration, very an- imating stories were told. The shores were represented, as in- dented with harbours, adorned with Islands, and washed by never- freezing waters ; and the uplands as diversified with promontories, streams and marshes, and heavily clothed with a mixture of hard wood and evergreen, which must possess a deep productive soil ; and while settlers were converting it into enclosures of cultivation, they could take sea and river fish, land and water fowl, and plenty of game, such as beaver, bear and deer.
In the spring, a connexion was formed between the patentees and Bryan Brinks, John Smith, and eight other husbandmen, who engaged to emigrate ; and a small vessel of only 60 tons, drawing ten feet of water, was procured, which in compliment to the en- terprize, was called the Plough. She sailed under the command of Capt. Graves, and arrived at Sagadahock in July. The com- pany settled themselves on the south side of that river, " in Casco Bay,"-at a place not ascertained with certainty, perhaps at Pur- pooduck, or on the Peninsula. Here considerable money was ex- pended, improvements were made, and suitable constitutions and laws were established for governing the youthful colony .*
Displeased with their local situation, or the wild appearance of the country, these colonists, like those of 1607, tarried one year only ; and then the most, or all of them, being collectively called in derision " the husband and company," abandoned the under- taking. Indeed, the idea of agriculture was treated with so much contempt by some adventurers of the day, that the patent itself was by way of ridicule called the " Plough Patent." Informed, probably, of the fleet which had passed their shores with the Mas- sachusetts colonists, the greater part re-embarked in the Plough, proceeded to Boston, in July 1631, and thence to Watertown ; and Mr. Winthrop says, "most of them proved familists and van-
* It was a disputed point if the P. Council could grant the prerogatives of government .- 1 Doug. Sum. p. 416 .- 1 Belk. N. H. p. 28 .- 1 Hutch. Hist. p. 317 .- Sullivan, p. 305, says, the adventurers meant to pursue ag- riculture as well as trade and the fishery. Two Islands were granted in the river Sagadahock, "about three score miles from the sea," under 43º and 44º N. Lat., but there are none such hereabouts .- Sullivan, p. 310-311- 312.
The Settle- Inent. July.
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A. D. 1630. ished away."" This, however, is considered the era of the orig- inal settlement about Casco.+ Failing of success in the first endeavour, the Patentees, in 1638, took another associate, Mr. Richard Dummer, of Newbury, in N. England ;- to whom they delivered the original patent, and gave him ample powers to take possession of the country. But he was unable to succeed in the plans they devised ;} and the settlements eastward of Spurwink, where Commock, Gains and Joscelyn, § began a plan- tation, must have been few and feeble, till the patent was assign- ed to Sir Alexander Rigby.
The Mus- congus or Waldo l'a- tent,
The next patent granted by the Plymouth Council, was on the 2d of March, 1630, to John Beauchamp, of London, and Thomas Leverett, of Boston, in England ; and was called the " MUSCONGUS PATENT, or grant." Its extent was from the sea- board between the rivers Penobscot and Muscongus, to an un- surveyed line running east and west, so far north as would, without interfering with the Kennebeck Patent or any other, embrace a territory equal to 30 miles square.|| About 89 years afterwards, the Waldos became extensively interested in the grant ; and from them it took the name of " the Waldo Patent. T It was pro- cured expressly for the purposes of an exclusive trade with the natives. It contained no powers of civil government. The asso- ciates concerned in the anticipated traffic, were the Patentees, and Shirley, Hatherly, and Andrews. They appointed Edward Ashley their agent, and William Pierce an assistant ; and despatched them the same summer in a small new-made vessel, with five labourers, one of them a carpenter, and furnished them with provisions, arti- cles of trade and supplies, equal to the exigency of the enterprize. In the autumn, they procured at New-Plymouth, " corn and wam-
* Winthrop's Jour. July 1631, p. 27 .- Hubbard's N. E. p. 141.
t At Purpoodic, the first settlement was early .- MS. Let. E. Thrasher, Esq .- Commock, Gaines and Joscelyn began at Black Point, towards Spur- wink.
# Hubbard's Nar. p. 293-294 .- He says, " being denied an opportunity to effect it, Dummer came over in 1632. He was an ancestor of Lt. Gov. Dummer."
§ Sullivan, p. 128.
|| About 1,000,000 acres. The north line of the patent, as since settled, is in the south line of Hampden, Newburg and Dixmont.
T See 1 Haz. Coll. p. 304-5. The patent itself is in the family of the late Gen. Knox. The date there is " March 13, 1629," old style.
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pum" suited to the wants of winter .* They established a truck- A. D. 1631. house on the eastern banks of St. George's river, five miles below the head of tide-waters,t where a possession and traffic were continued till the first Indian war.
The eighth and last grant of lands, by the Plymouth Council, Pemaquid: within the present state of Maine, was the "PEMAQUID PA- Patent. TENT," which was dated Feb. 20th 1631. This was to two mer- chants of Bristol, Robert Aldsworth and Gyles Elbridge. It extended from the sea between the rivers Muscongus and Dam- ariscotta, so far northward as to embrace 12,000 acres, besides settlers' lots ; as it also was to include 100 acres, for every per- son, who should be transported hither by the proprietors within seven years, and reside here three years. The grant was made to the patentees in consideration of public services past, and their present engagements to build a town. It included the Damaris- cove Islands, and all others within nine leagues of the shore.
By this instrument, || which was a charter as well as patent, extensive privileges were secured to the proprietary grantees and their associates, and also the powers of establishing an adminis- tration of civil government. They had a right to hunt, fish, fowl, and trade with the natives, in any part of New-England ; and these were their exclusive privileges, within their own patent. The fee-simple seemed to liave been granted ; yet upon condi- tion of forfeiture, if conveyed to any other than "their ten- ants." They were authorized to elect such civil officers by a major vote, and enact or make such laws, as the exigency of
* Prince's Ann. p. 203.
t 1 Douglas, Summ. p. 385,466 .- The ship in which Mr. Allerton, of N. Plymouth came, was the Lyon. Capt. Wm. Pierce, master, who sailed from Bristol, England, for Penobscot with the agent of the Muscongus patentees, accompanied by 4 or 5 men. Allerton, was engaged in a trading house at Penobscot and Machias .- Bradford's Letters .- 3 Coll. M. Hist. Soc. p. 70 .- 72.
Į Namely, 1 Laconia A. D. 1622; 2d Agamenticus ; 3d Black Point; 4th Kennebec ; 5th Saco (2) ; 6th Lygonia ; and 7th Muscongus.
§ " Pemkueag."-Indian.
|| See an extract of this in 1 Haz. Coll. p. 315-313 : and entire, in the Commissioners' Report upon the causes of the difficulties in the county of Lin- coln, A. D. 1811, p. 33-41. By the location of the settlers, on lots of 100 acres, from year to year, and then giving the quota of 12,000 acres to the proprietors, caused long difficulties ; the claim amounting in all to about 90,000 acres.
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A. D. 1631. their affairs required. They might seize by force of arms, all unlicensed intruders, and confiscate their property. But no resi- dent Governor might ever take a planter from his employments, otherwise than for the public defence. Another patent' was to be granted, if requested within seven years, under some fit name and more ample form of privileges.
First settle- ment,-A. Shurte, Agent.
The earliest settlements seem to have been on the western banks of Pemaquid river, in 1623 or 4. A deed of lands in this quarter, was executed by two Sagamores to John Brown, July 15th, 1625 ;* and according to the deposition of Abraham Shurte, he himself, as a magistrate of Pemaquid, took the ac- knowledgment of it in the same month of the following year. Shurte was the agent of the proprietors, and five years previous- ly, he had purchased for them the Island of Monhegan.t
A fort was built there, the year before the date of the patent, f and rifled by pirates in November, 1632.§ Formal possession was given and taken under the same instrument, May 27, 1633 ;|| and the plantation had a gradual uninterrupted growth till the first Indian war. The settlements extended to Damariscotta; and especially at the lower falls, they were seen rising on both, sides of the river.
The visitants, as well as inhabitants, were highly pleased with the situation of Pemaquid. A smooth river navigable a league and a half above the point, a commodious haven for ships, and an eligible site for a fortress, at once, filled the eye. Here was a canal cut 10 feet in width, and variously deep from 6 to 10 feet, on the east side of the river which passes the first ripples ;- an enterprize devised and finished, at a time and by hands unknown. T
The grants in general.
These patents of the Plymouth Council together, embraced the whole seaboard from Piscataqua to Penobscot, excepting
* Com. Report, 1811, p. 106-7.
t His dep. in Ib. 40, 41 .- Shurte was the means of restoring to a Lynn Sachem his wife, taken by the Eastern Indians, in 1631.
#1 Doug. Sum. p. 466. § 1 Belk. N. H. p. 24.
Il In presence of Thomas Commock, Christopher Burnhead, George Newman, William Huok and Robert Knight.
TT It was 20 rods in length ; and passed down a smooth inclined plain. No water runs there at present.
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what lies between Sagadahock and Damariscotta; and the most A. D. 1631. of this intermediate coast, was, at the time, claimed under the Kennebeck Patent. Every one of them reserved to the crown, and to the Council, severally, a fifth of all precious metals ; but in no other respects than what have been noticed, did they differ materially from each other. It is apparent, they were multiplied by that body in hasty succession, possibly through an apprehen- sion of its being soon dissolved. The most of them bear the signature of Gorges, and it must be acknowledged they are richly endued with privileges.
" The territory of Sagadahock," situated between the river of Settlements that name and Damariscotta, a tract of only five leagues in width, Sagada- between including the Sheepscot and the Islands, had attracted early and Damaris- hock and perpetual attention. John Smith, in 1614 and 15, and Thomas at Piscata- cotta ; and Dermer, in 1619, undertook to revive the settlement, which had qua. failed under the presidency of Popham. "By Dermer's pru- " dence and care, a lasting peace was effected betwixt the na- " tives of the place and the English ; and mutual confidence " restored, so that the plantation began to prosper."* There were inhabitants, traders, and fishermen on the river continually from A. D. 1626, to the first Indian war. Also we find residents as early about Damariscotta lower falls, as at Pemaquid; and above Wiscasset, we are told, there were, "in the year 1630, " fifty families on what were called the Sheepscot farms."+ At Cape-Newagen [in Boothbay, ] and Nequasset [in Woolwich,] there were ancient settlements, begun perhaps by fishermen.
Mention is also to be made at this time, of the settlements commenced on the northerly banks of the Piscataqua, and the river above. These were at Kittery-point, at Spruce creek, at Stur- geon creek [Elliot,] at Quampeagan falls, [or the Parish of Unity,] and the ancient Newichawannock [or Berwick] ;- Some or all of
* Hubbard's Nar. p. 289.
t Sullivan, p. 165, 167, 170 .- Walter Phillips lived on the west side of Damariscotta, not far from the Great, or Lower Falls. Thomas Gent, lived at Sheepscot Great Neck, where was a fort .- Com. Report, 1811, p. 98.
# The titles in Georgetown are through the Kennebeck Patent, the Lake and the Salter rights ; in Boothbay and Woolwich, from old Indian deeds to Bateman, Brown and others; in Sheepscot, by settlement and Indian deeds.
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A. D. 1631. which were seven years of age in 1631 ; being collectively called the Plantation of Piscataqua,
New-
Plantations.
Between these and the lower plantation on the south side of Hampshire the river, at the present Portsmouth, and the upper one at and about Cochecho [Dover,] and Squamscot falls [at Exeter,] there was constant intercourse and some political connexion .* The patrons of the former, were Gorges, Mason and the London ad- venturers, whose agent was Walter Neal ; and of the latter, sev- eral Bristol and Shrewsbury gentlemen, who had intrusted the agency to Thomas Wiggin. Neal's residence was partly at Kit- tery-point and partly at Strawberry-bank [Portsmouth.] He had five associates, in the various business of trade, lumbering, fish- ing, salt-making and husbandry ; two of whom, Chadbourne and Gibbins, living at Newichawannock. Being the joint agent of Gorges and Mason, as well as the "governour" of their affairs and of the plantations, Neal made grants in Kittery, which have been holden valid, effected some discoveries in the interior and remote parts of Laconia, and returning to England in 1634, was succeeded by Francis Williams.}
1 Belk. N. H. p. 25,-27, 291 .- Hubbard's N. E. p. 216, 217,
t Neal sold all the land in Kittery between A. D. 1632-4; and there are no other grants from Gorges and Mason jointly to be found on record .- Sullivan, p. 127, 142-3,
# Chalmers, p. 472 .- 1 Haz. Coll. 323 .- Adventurers were much dis- couraged in 1632. Capt. Commock, of Black-point and Mr. Godfrey, prob- ably of Agamenticus, went from Piscataqua in Oct. 1632, in Capt. Neal's pinnace to Boston, and carried 16 hhds. of corn to mill .- Winthrop's Jour. p. 44.
N. B .- It is stated by one writer that the Council, by patent in 1631, " conveyed to Robert Trelawney and Moses Goodyear, of Plymouth (Eng- land) merchants, a tract of land extending from the mouth of a small stream called Spurwink river, on the line between the towns of Scarboro' and Cape Elizabeth, fifteen miles into the interior; thence crossing east- wardly to Presumpscot river, and so down to the sea. Portland and sev- eral other towns are situated within the limits of this patent."-Folsom, p. 29. The patentees did not come over, but sent their associate, John Winter ; to whom Mr Vines, the attorney to the Council delivered posses- sion, July 21, 1632. Mr. Winter established himself at Richmond Island, where he resided 15 years and employed sometimes 60 men in the business of fishing .- To Winter was committed the full government of the planta- tion,"-Josselyn's Voyages.
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CHAPTER IV.
Nova Scotia-Grants to la Tour-His commission-Treaty of St. Germains-Acadia resigned to France-Governed by Razilla- Penobscot truck-house rifled-Machias trading-house set up by New-Plymouth-Grants to Razilla and la Tour-Machias truck- house rifled-The natives restless-Piracy-Homicide at Kenne- beck-Gorges and Mason purchase out the interest of Proprie- tors-The Charter of the Plymouth Council dissolved-Twelve Royal Provinces formed-Attack upon Massachusetts Charter- Lords Commissioners of Plantations-Mason's death-Gorges' discouragements.
SIR WILLIAM ALEXANDER, after the royal confirmation of his A D 1630. charter, transported Scotchmen hither, to settle at Cape Sable Nova Sco- and one or two other places, and undertook to govern it by a
tia. palatinate commission .* But this was visionary ;- and his efforts were both ill concerted and feeble. The energy of Gorges and the perseverance of Mason, were qualities to which he was a total stranger. He stood trembling in the late war through fear, that his province would be seized upon by the French ; when Claude St. Estienne de la Tour, a French Protestant, perceiving his dif- ficulties, procured of the French king, in 1627, a grant of lands, Tour. five leagues on each side of the river St. John, extending back two leagues from the shore ; and then by the arts of address, and the more powerful arts of religious profession ; by proffering his assistance in the cause of colonial settlements, and shewing a high respect for the Scottish presbyterians ; he ingratiated himself into the favour of Sir William, and obtained leave to build and im- prove within his patent.+
Grants to la
La Tour's immediate residence seems to have been, either at Port-Royal or "the fort la Tour and Alexander," on the river St. John ; and Sir William, who had the right of conferring titles of honour upon any inhabitant of New-Scotland, gave him, Nov. 30, 1629, the hereditary order of baronet of the country, in ex-
* Sullivan, p. 275.
¡ 1 Hutchinson's History, p. 121-122.
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A. D. 1650. press retribution for his worth and high attachments to the British interests. * Indeed, his friendship and favour appear extravagant ; for on the 30th of April, 1630, a few days after peace, he gave la Tour and his son Charles, a patent of territory, from Cape Sable to la Heve, 15 leagues in breadth ; embracing at least a third part of the peninsula. It was a valuable acquisition ; and in return, they merely engaged to hold it, erected into two Baro- nies, equally divided between them, in fief as an inleritable titu- lar dignity, and ever after, to be the faithful vassals of the king of Scotland. Sir William, moreover, told them, they should have a charter, when requested, under the great seal of that kingdom, with more ample immunities ; and, May 12th, he extend- ed to the son, the same title of honour, he had conferred upon the father ; all which, he says, was in consideration of their merit and services.+
He is ap- pointed' Governor.
Feb. 11, 1631.
La Tour being determined to have a good portion of the country, whether it was under the dominion of England, France, or Scotland, procured, it is said, from king Charles, a confirma- tion of Sir William's grant to him, and from Louis, the French king, a commission, Feb. 11, 1631, to be governour of Acadia.§ But the settlements were far from enjoying prosperity and con- tentment. Even the people of Port-Royal, had, the preceding winter, while la Tour was there, suffered to such a degree, through want of provisions and suitable accommodations, that, of 70 English, French, and Scotch, in community, 30 died be- fore spring. The Scottish emigrants, indisposed to be under French rule, preferred to return home, and subsequent events shewed the wisdom of their choice.
March 29, 1632. 'Treaty of St. Ger- mains.
The treaty of St. Germains, March 29, 1632, laid open to New-England the fate of this Acadian region. By the 3d arti- cle, Charles resigned to the French monarch, " all the places " occupied by British subjects, in New-France, Acadia and Can- "ada-especially the command of Port-Royal, Fort Quebec " and Cape Breton."
* The title-" Sir Claude de St. Estienne, knight, lord de la Tour et de " la War, baronet of New-Scotland."-His son's-" Charles St. (de Den- " niscourt et Baigneux) lord," &c. The badge of office was,-" in gold " enamelled, from an orange tawny ribband (pendant) this circumscription, " Fax mentis Honestae Gloria."-1 Haz. Coll. p. 298. + 1 Haz. Coll. p. 307-9, where the patent is entire.
# 1 Hutch. Hist. p. 121.
§ Letter Book, Sec. office Boston, 106.
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From this transaction may be traced events in train most im- A. D. 1632. portant to the northern colonies, especially Maine, and also to Acadia re- England herself .* It was an exercise of royal prerogative in France. signed to character. For it originated in the intrigues of a marriage-bro- kerage, seven years before; and was finished without consulting the nation's feelings or the rights of individuals. It is true, the ministry promised Sir David Kirk £5000 in consideration of his claim to Canada, yet it was never paid.t Sir William was cre- ated earl of Sterling ; but if he were flattered with any hopes of further rewards, or future emolument from his Province, they were blasted by disappointment. The English were not, how- ever, to be wholly excluded from Acadia ; } though the act amount- ed to a downright cession, without limits or condition. Had Nova Scotia, which has boundaries, been mentioned in the treaty, the ex- tent of the restitution could have been ascertained ; whereas, by the" artful draft of the third article, the avenues were opened for un- limited controversies about lines and limits, which are among the worst of national evils. §
* Chalmers, p. 112, supposes-to this transaction may be traced a cause of the disputes of the Colonies with the mother country .- Brit. Am. 346. + 1 Coll. Mass. His. Soc. p. 233, 3d series. # Ogilby, p. 134.
{This 3d Article is in 1 Haz. Coll. p. 319-320. Also 19 Vol. Rymer, p. 360-1, in French. It is said this treaty was long in negociation,-finished in 1631. But the third Article was not tacked to it till March 29, 1632. -As this article is important, it may be proper to give a literal translation in this place .- " His Majesty of Great Britain promises by his " ambassador-to give up and restore to his most Christian Majesty all the " places occupied in New-France, Acadia and Canada by his subjects of his " Majesty of Great Britain, causing the latter to retire from the said pla- " ces-and deliver to the commissaries of the most Christian king in good " faith, the power which he (the ambassador) has from his Majesty of Great " Britain, for the restitution of the said places, together with the orders " of his said Majesty, to all those commanding in Port-Royal, Fort-Quebec, " and Cape-Breton, in order that the said places be given up and re- " stored into the hands of those to whom it shall please his most Christian " Majesty to direct, eight days after said orders shall be notified to those " now commanding or may command in the said places. The said term of " eight days being given them to retire fromn said places, positions, and " forts, with their arms, baggage, goods, gold, silver, furniture, and gener- " ally all that may belong to them-to whom and to all those who are in " the said places is given the term of three weeks after the said eight days " are expired, during which, or sooner, if may be, to embark in their ves- " sels with their arms-and generally all which belongs to them, to remove
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