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GENEALOGY 974.8 P384, 1700-1717
GENEALOGY COLLECTION
GEN
ALLEN COUNTY PUBLIC LIBRARY 3 1833 01810 4056
GEN 974 P38 170
Digitized by the Internet Archive in 2013
http://archive.org/details/colonialrecordsov2harr
GE 97 P3 17
colonial Records of la. MINUTES
OF THE -
PROVINCIAL COUNCIL
OF
PENNSYLVANIA,
FROM THE ORGANIZATION TO THE TERMINATION OF THE PROPRIETARY GOVERNMENT.
PUBLISHED BY THE STATE.
VOL. II.
CONTAINING THE PROCEEDINGS OF COUNCIL FROM DECEMBER 18, 1700, TO MAY 16, 1717.
PHILADELPHIA:
PRINTED BY JO. SEVERNS & CO.
1852.
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110%
abymod
.
e
10
11.407
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TABLE OF CONTENTS.
VOL. II. 1209426
Complaint of Griffith Jones, relative to a bank lot, 9 Application of William Smith, that his son may be admitted to bail, 11
Order of Council relative to a proclamation enforcing the laws against piracy, .
13
Petition of Fr. Danl. Pastorius, . · 13,430
Articles of agreement between Wm. Penn & certain indians, 15
Resolution concerning Louis & P. Besalion, 19
Order of Council relative to a letter from the Council of New York, 20
Petition of Robt. Guard & wife, relative to witchcraft, .
20
Regulation of the indian trade proposed, . .
21
Order of Council commanding a watch to be kept at Lewis, in Sussex, · 22
Petition of the inhabitants of Philadelphia, relative to water courses, .
23
Commission to Francis Cook, & others, · .
23
Resolutions to promote the raising of cattle, 27
Speech of Wm. Penn, relative to the King's letter, .
28
Answer of the Assembly, . .
30
Address of the representatives of the three lower counties, 31
Order of Council relative to the Post Office, 33
Complaint of Shemekenwhoa, 33 .
Return of the several counties, 34
Speech of Wm. Penn to the Assembly, . 35, 50
Attestation of members of Council, 37 ·
Address of the Assembly relative to property, 37 .
Wm. Penn's answer, ·
.
40
:
outher
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4
CONTENTS.
Further application of the Assembly, .
44
Discourse of the proprietor with certain indians, . .
46
Conference between Governor Penn and the Assembly, 47 . Remonstrance of the members from the lower counties, ·
49
Letter of Wm. Penn to the Assembly, · Offer of Wm. Penn to Assembly relative to lands, 55
52
Charter of Privileges, Oct. 28th, 1701, .
· 56
Debate concerning the King's dedimus potestatum, 62, 92, 94 Order of Council relative to the bridge at the north end of town, 64 ·
Oath of office administered to Governor Hamilton, . 69
Resolution of Council to proclaim princess Annie, Queen of England, &c., · .
70
Proceedings relative to the separation of the lower counties, 72 Address of the representatives of Philada., Bucks & Chester, 84 Information of Samuel Rowland, relative to a piratical vessel, 99
Petition of Aaron Delacourt, 101
of Humphrey Ellis & others, for a road from Goshen to Philadelphia, 111
Proceedings of Council in the case of Antonio Garcio, claimed as a slave, 112, 120
relative to the conduct of Andrew Bankson, 114
Arrival of Governor Evans at Philadelphia, .
115
Wm. Rodney admitted a member of Council, . 118
Account of tax collected in Philadelphia county, · 123
Speech of Governor Evans to the Assembly,
126, 132, 165, 187, 207, 215, 249, 260, 301, 399, 414 Address of the representatives of the territories to Governor
Evans, 128
Conference between the Govr. and the representatives of the province & territories, . 129
List of Justices appointed in the lower counties,
136
Address of the Assembly to Governor Evans,
138, 177, 195, 200, 206, 229, 249, 299, 378, 398, 415 Message from Governor Evans to the Assembly,
141, 175, 186, 193, 198, 199, 284, 323, 356, 358, 417 Complaint of Geo. Lowther & Tho. Clark, relative to exemp- tion from certain duties, 151
5
CONTENTS.
Provincial treasurer's accounts,
153
Remonstrance of the Mayor & Aldermen of Philadelphia, . 161
Answer of the Council, 161 Information relative to a fray between the watch and others, 177 Address of the Assembly concerning the Sheriff of Philada., 177 Conference between the Governor and Assembly, 226, 256, 370 List of acts passed in 1705, 231
Petition of Johannes Koster & others, praying to be na- turalized, 241
James Logan's account of his message to the indians, .
244
Resolutions of Assembly relative to the bill of Courts, 253, 277 Answer of the Assembly to objections against the bill of courts, . 271, 281, 289
Reply of the Governor and Council,
271
.
Messages to and from the Governor relative to a renewal of the conference, 316, 317, 318, 320, 322
Remonstrance of the Assembly,
328, 349
The Assembly's answer to the Governor's message of
· February 15th, 1706-7,
.
338
Reply of the Governor, .
·
342
Articles of Impeachment against James Logan,
.
344
Speech of James Logan to the Council,
.
348
J. Logan's answer to the articles of impeachment,
·
353
The Assembly's answer to the message of March 19th, 1707,
377
22d, 361
May 14th, 373
August 7th, 1708, 421
Proceedings on the impeachment of J. Logan,
365, 374
Petition of James Logan, . 376
Address of the Assembly relative to the payment of powder
money, 379
·
Consultation relating to the trial of Nicole Godin, . .
385
Governor Evans' account of his journey among the indians, 385 Governor's answer to the address of October 17th, 1707, . 401
Message from the indians of Conestogoe, . 403
Resolution relative to the punishment of certain negroes, . 406
Petition of the Mayor and commonalty of Philadelphia, . 410 Letter to Lord Cornbury relative to French privateers, 411 D
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6
CONTENTS.
Petition of Thos. Story, keeper of the Great Seal, . 412 Speech of Governor Evans to the Assembly of the Lower
Counties, ·
424
Address of the Assembly, · 424
Answer of the Governor, . 425
Proclamation of Governor Gookin, .
Address of the Assembly to Governor Gookin,
433, 452, 460, 518, 544, 568, 592, 597
Council, . .
. 439
Col. Evans to the Governor and Council, . 435
Speech of Govr. Gookin to the Assembly,
437, 452, 472, 503, 535, 541, 559, 568, 572, 575, 609 Answer of Assembly, . · 441
Letter of Queen Anne, 449
Instructions relative to an expedition against Canada,
.
449
Remonstrance of the Assembly to Governor Gookin, 454, 495, 513 freeholders of the city & county of Philada., 457
Answer of the Governor to Assembly's remonstrance, . 461 Reply of the Assembly, 463 .
Visit of the Ganawese indians, 471
Speech of the Secretary to the indians, 474
Answer to the Governor's speech of July 27th, 1709, 475
Message from the Governor to the Assembly, 479, 483, 491, 591
Answer of the Assembly, . 482 ·
List of foreigners naturalized, 493
Order from Wm. Penn relative to Wm. Howston,
494
. The Secretary's answer to the Remonstrance of Sept. 29th, 1709, 500
Answer of Assembly to the Governor's speech, Oct. 17th, 1709, · 504
Order of Assembly to take J. Logan into custody,
.
507
Order of Council relative to the foregoing,
507
·
·
Report of Col. French & Henry Worley, relative to the Con- estogo indians, · 511
Speech of an indian to the Governor & Council,
.
516
Proposed amendments.to the bill of courts,
523, 524
Minutes of the Governor's journey to Conestogo, .
.
532
Record of the road from Jno. Reading's landing to Phila., 542, 562
427
7
CONTENTS.
Speech of Scollitchy, an indian chief, .
.
546
of a Conestogo indian, 553
Secretary's answer to the Indians,
. 555
Conference between the Governor & certain indians, 557, 565
Deposition of Nathaniel Pope, 566
Message of the Assembly relative to their powers, 570
Conference between the Council & indians, ·
. 574
Governor's answer to the Assembly's message of May 6th, 1715, 593
List of Justices appointed for the counties of Bucks & Chester, 596
Judges of the Supreme Court,
596 .
Speech of Sassonan, 599
Answer of the Governor, .
0
601, 603
Order of the Governor to stave Rum casks, 604
Speech of Soteyote, 607
Resolutions of Assembly relative to the affirmation act, 614, 616
Answer of the Governor, .
614, 615
Representation of the Assembly, . 616
.
800 ,100
-
ITUVIM
r
1
MINUTES
OF THE
PROVINCIAL COUNCIL OF PENNSYLVANIA.
At a Council Held at Philadia ye 18th of 10br, 1700.
PRESENT :
The Proprietary and Governour.
Edward Shippen, John Moll,
Saml. Carpenter, Esq'rs.
William Biles, Thomas Story, Humphry Murray, 1 Esq'rs.
Thomas Tress, and Nicholas Pierce, overseers of the poor of the Town of Philadia, complain that they have been out of Purse to the value of about £42, Laid out for the use of the poor, more than what they have receiv'd, and desired this Board would direct a me- thod for their being reimbursed.
Ordered, that the Justices of the City be sent for to come before the Govr to-morrow morning about 10 of ye Clock, to concert mea- sures to be taken in that affair.
Griffith Jones, first purchaser and Henry Elfreth mean Purchaser under him complain that part of a Bank Lott in the ffront Street, before the Blue Anchor, granted by the Prop'rs Comm'rs by patent to the said Griffith Jones, and by him sold to John Townsend, who sold it to the said Elfrith, was by a Publick Order of Govr Lloyd, attended by the Justices, taken for the use of the Publick, the said Elfrith's building hindered and stop't, to their great Damage, by the ground-rents not being paid to Griffith Jones, and by Henry Elfrith's being molested, and thereupon his materials for building in a great measure lost.
Henry fflower and other evidences appeared and certified that the Justices stopt Elfreth's building about the year 1691, and would not suffer him to proceed therein.
Adjourned till to-morrow, 10 of ye Clock.
Att a Council held att Philadelphia yº 19th of 10br, 1700. PRESENT :
The proprietary and Governour.
Edwd. Shippen,
John Moll,
Esq'rs.
Thomas Story,
VOL. II .- 1
Samuel Carpenter,
Humphry Murray,
Esq'rs.
10
MINUTES OF THE
In pursuance of the order of yesterday, that the Justices should be summoned to Conclude on measures for Satisfying the debt due to the overseer of ye poor.
Accordingly Saml. Richardson, Nathan Stanbury, and John Jones, (Edward Shippen being in the Council) appeared, and the Measures being Debated, It was agreed that the said Justices shall forthwith confer with the said overseers on the subject ; and accordingly they went, and Returning, Edwd. Shippen Reported that it was agreed that if the money could be raised before next County Court for Philadia. for which Endeavours should be used, the said Overseers should continue in their Charge; if not they must wait till the County Levy be raised, and in the mean time, be left to their choice whether they would act further or not.
The business of Henry Elfreth and Griffith Jones being adjourned yesterday to this morning, was again brought on.
Ordered that David Lloyd, in whose hands several papers relating to that Affair are said to be lodged, should be call'd, and accordingly he came, and produced a petition signed by several Housekeepers and Inhabitants, requesting that there being the greatest Conveniency of a landing Place and harbour at that place of the bank where the blue Anchor Stood, it should be ordered by the Govr and Council, who have power thereof, to be laid out for a Public Landing place and harbour, that being the Inducing reason at first to Settle the Town where it now is.
There was also produced an Order of Council held at Philadia ye 4th 6 Mo., 1691, in ye rough Draught, that there should the place be reserv'd for a Landing place, &c.
Resolved, That there shall be measures taken by next Council day, that the Town of Philadia shall make satisfaction to the said Elfrith for the losses he has sustained.
At a Council of the 11th of 7br, 1700, upon a petition of Joseph Ashton for a Road, It was Ordered that a Report of the 6 Surveyors of the said Road should be made on the 25th of the same month, but no Council being held, through the Govrs absence, the Rept was this day brought in by the said Ashton, Subscribed by 2 of the over- seers, and 5 more of the neighbours, the other 4 not Complying, im- porting That the Difference of the Roads was but 13 perches, and that which J. Ashton desired was much the better ground; wch Re- port being duly weighed and Considered, Resolved that Road request- ed by said Jos. Ashton appeared reasonable, but that it could not now be fully concluded, and therefore, Ordered that it should be yet left to a further Consideration.
A Petition of George Northrap was read, Complaining that a Road being laid out by order of the Court to Petr. Dale's Mill, through the Petitrs. Plantation, his Cornfield fence coming in upon the Road as laid outt, was Cutt and thrown down, to his great Damage, with- out any necessity or Conveniency to the persons that did it, and therefore requests that he may be redressed. He Complains also, that there are two Roads through his land lying very near together, by wch he is a great sufferer, And desires that they may both be laid
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PROVINCIAL COUNCIL.
into one, wch will be as convenient. Ordered that this be left to be considered with Jos. Ashton's business.
Application being again made to this Board by Wm. Smith, in pursuance of his Petition formerly given in, that his Son Wm. Smith, Prisoner in the County Goal of Philadia for a Rape, might be ad- mitted to Bail, ye Rigour of the season & the length of time by his not being brought to Trial in Sept. last, rendering his confinment extreame hard & scarce Supportable. Jno. Moore, Attorney Genl for the King, & D. Lloyd for ye Prisoner, appeared. It was pleaded by D. Ll. in behalf of the Prisoner, that felones had often been bailed, tho' felony of Death. Objected by the King's Attorney, That this was only where ye Presumption of Innocence was Strong, wch here was the contrary ; but continued to say, it was his Opinion he might & ought to be bailed as the Case now stood, for that it would scarce be possible to convict him for want of Evidence, he having clandes- tinely married the Woman in prison he Committed the Rape on, & as they were now one flesh, she could give no Evidence agst her Husband.
Elizth. Henbury, the Woman herself, was sent for, & appearing She Confess'd her former Evidence given before E. Shippen ; As also, that she was since married, to wch she says she was perswaded to save ye man's life, & a Certificate of their Marriage under ye hands of 13 persons was produced, wch tho' not Legal, must invalidate the Evidence, or take off the force of it.
Ordered Thereupon, that Edwd. Shippen, take Bail by Recogni- sance of the father and Son, in the sum of five Hundred pounds, for the said Prisoner's appearance at the next Provincial Court at Philadia, &c.
At a Council held at Philadelphia ye 14th of 12th Mo, 1700.
PRESENT :
The Proprietary and Governour.
Edward Shippen,
Griffith Owen,
Esq'rs.
Saml. Carpenter,
Esq'rs. Humphry Murray,
A Certain Negroe, named Jack, having sometime in the 6th month last, by firing a Gun, killed a Young English man, Son to William Rakestraw, for which he was Committed close Prisoner in the Goal of Philadia, where he has to this time Continued, And it being neces- sary that his Trial should be Expedited.
Ordered, because the late law past in the last Sessions of Assembly for Trial of Negroes, does not look back to acts perpetrated before the Publication of the Said Law, and because the former Law cannot be now thought in force, That the Said Negroe shall be tried by, & According to the Common Law of Engld.
The last Assembly Genl held at Newcastle, having been prorogu'd by the Propry and Govr to the first Day of the Second month next, It was proposed by the Govr to be considered, whether the said As- sembly should meet on the Day to wch it was prorogued, or should
12
MINUTES OF THE
be Dissolved ; Ordered That the Consideration thereof be adjourned to the next Sitting of Council.
The Petition of the ffreeholders in and about the Town of Chiches- ter, was read, setting forth that Lieut. Govr Markham & Council, had granted to the said Town of Chichester, the Privilege of a fair and Market, & therefore, humbly requests that what was then imperfectly done, the Govr would be pleased fully to Compleat and perfect.
Resolved, that they shall have a Charter for a ffair & Market, wth this proviso :
That because some Complaints have been made agst fairs in gene- ral, their fair should, notwithstanding any thing Contain'd in the said Charter, be put down whenever it should be thought fitt that the other fairs of the Government should be also suppressed.
Adjourned.
Att a Council held at Philadia ye 15th of the 12th Mo, 1700.
PRESENT :
The Proprietary and Governour.
Edward Shippen, Griffith Owen, - Esq'rs.
Saml. Carpenter, Esq'rs. Humphry Murray, -
Thomas Story,
The Consideration of the Prorogation of the Assembly being ad- journed to this day, the matter was again taken up & debated. It was observed that some of the Laws past in the last Sessions of As- sembly, being in some things deficient, and in others redundant, especially that of Marriage : That for the Trial of Negroes, &c. there- fore, it was proposed to be Considered, whether it might not be expedient that the Assembly should be again called to review and amend them.
Objected that at the Prorogation, the Proprietary & Govr gave the members his Word they should meet no more this Year, unless Something of great momt and Emergency occurred, that rendered it necessary, & the People in general will be very uneasy at the Expense and trouble.
Resolved, That what has been proposed of reviewing the Laws, will not be thought of sufficient momt to have the Assembly Call'd, & therefore.
Ord'd, That a Proclamation be issued for proroguing the said As- sembly till a longer time, but that they be not yet dissolved.
The business about the free landing Place at the blue Anchor, de- bated here before this Board, on the 19th day of the 10th Mo last, was again Considered.
Ordered, That it be still recommended to the persons to whom it was before recommended, further to continue their Care and consult some of the most considerable Inhabitants in Town, who may chiefly have the benefitt, and see what can be done therein.
It being represented that the Law made & past agt strangers travel- ling without Passes, and obliging Innkeepers to give notice to some
13
PROVINCIAL COUNCIL.
magistrate of Strangers coming to lodge at their Houses, has been much neglected, and seldom putt in practice.
Ordered, that there shall be a Proclamation drawn up and pub- lished, requiring all persons more duly to observe the said Laws, & more effectually to putt them in Execution.
And then adjourned to next third day, at 10 in ye morning.
At a Council held at Philadia ye 18th of 12th Mo., 1700. PRESENT :
The Proprietary and Governour.
Edwd. Shippen, Saml. Carpenter, Esqr's.
Thos. Story,
Griffith Owen,
Humphry Murray, ? Esq'rs.
Pursuant to the order of ye last Sitting of this Board. the Procla- mation wch should have been drawn up to inforce, And more vigor- ously putt in execution these paragraphs in the two Laws past in this Province, agst Pirates & illegal Trade, relating to strangers travelling without Passes, Innkeepers entertaining strangers without giving no- tice to a Magistrate, &c., was called for, but not being ready, It is ordered That such an Instrument be forthwith drawn up & published, Strictly requiring that no Strangers shall travell without a Pass, and that all Innkeepers and keepers of Public Houses and Ordinaries, give due notice of all Strangers coming to their houses to some neigh- bouring Magistrate, or in case of remoteness from a Magistrate, to 2 Housekeepers of the neighbourhood ; Also, that no fferrymen, wher- rymen, Boatmen, &c., transport or carry any Stranger or Suspecious person, without producing a good testimonial under the Hand of a Magistrate.
Ordered also, That no fferrymen shall be permitted to ply the River Delaware, in this Government, without first giving Bond at the Secry office ; That they shall not carry out of nor into this Province, any Strangers that may be suspected of Piracy, or being Criminals or Runaways.
Att a Council held att Philadelphia ye 5th of 1st Mo, 1700 -- 1. PRESENT :
The Proprietary and Governor.
Saml. Carpenter,
Esq'rs.
Griffith Owen,
Esq'rs.
Thos. Story,
Caleb Pussey,
A Petition Subscribed by ffr. Danl. Pastorius, by order & in behalf of the German Corporation, was read ; Setting forth That by the Proprietaries advice And Directions, they had Seated themselves So close together, that they scarce have room to live, but especially that the Propriet'ry by his Charter in the Year 1689, had granted Several Considerable Privileges to the Germans of the said Town, by making them A Corporation, by virtue of wch they looked upon themselves exempted from the Jurisdiction of ye County Court of Philadia.,
14
MINUTES OF THE
and from all Taxes and Levies of the Same, having a Court of Record and Magistrates within themselves, and Defraying all the Public Charges of their Said Town & Corporation, without any As- sistance from the rest of the County ; At wch some persons being dissatisfied, They request that the Govr by way of explanation, would declare that they are exempted from all the said Charges & County Levies.
Their Charter being called for, a Copy of it Produced, by wch it appeared they had a full Power of holding a Court of Recording & of trying causes Judicially within themselves, but had no other grant for Representatives to Sitt in Assembly than what ye rest of the County had.
It was objected therefore that they having the same Privilege of choosing members wth ye rest of the County, ought to bear their pro- portion there of their Charges, but that being done by a County Charge only, and not a Provincial, if they were exempted from the Jurisdiction of the Court of Philadia., they would by that means en- joy the Privilege of the Laws & yet contribute nothing tow'ds ye said Charge. Also, that the Roads & Bridges near their Corporation, but without ye Bounds of it being chiefly for their Service, ought not to be bore by the County while they all went free.
[To this it was answered, That they Were at the Charge of all their own highways & Bridges which were serviceable to the country, no less than ye others were to them.]
Hereupon this Several Difficulties arising, It was ordered that ye full consideration of the whole affair should be deferred till another Council day.
The Business about the free Landing Place, moved to this Board on ye 15th of ye last month, was this day again moved, and In- quired how far those persons to whose care it was committed, had proceeded, and what they had effected therein ; Who answered, That upon Trial made with several of the Inhabitants, they found no Inclination towards Complyance with what was proposed ; where- upon it was
Ordered that about a score of the most considerable Inhabitants in ye lower ends of the front and Second Street, should be Summoned to meet the Govr at 4 in the afternoon. Ordd that the Secry should send a Summons.
And then adjourned to 4 in ye afternoon.
-
POST MERIDIEM, ejusdem diei. Present ye Same as before.
Pursuant to the Summons ordered in the morning, Seventeen of the Inhabitants appeared, & the Subject matter was proposed and fully discoursed of, but they shew'd no inclination to comply wth what ye Govr thought might reasonably be expected of ym, & they were thereupon dismissed.
Att a Councill held att Philadia ye 23d of 2d Mo, 1701.
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15
PROVINCIAL COUNCIL.
PRESENT :
The Proprietary and Governour, wth some members of Council & divers others, with the Sasquehannagh Indians.
Connodaghtoh, King of the Sasquehannah Minquays or Cones- togo Indians, Wopaththa (alias Opessah,) King of the Shawanese, Weewhinjough, Chief of the Ganawese, inhabiting at the head of Patowmeck; Also, Ahoakassongh, brother to the Emperour or great King of the Onondagoes of the five nations, having arrived in Town two days ago, with Several others of their great men, and Indian Harry for their Interpreter, with some of their young People, women and Children, to the number of about forty in the whole. After a Treaty and Several Speeches, the following Articles were Solemnly agreed on.
ARTICLES.
Articles of Agreement Indented, made, Concluded & Agreed upon at Philadia the 23d day of ye 2d month, Called April, In the Year 1701, Between Wm. Penn, Proprietary & Govr of the Province of Pennsylvania & Territories thereunto belonging, on ye one part, and Connoodagtoh, King of the Indians Inhabiting upon and about the River Sasquehannah in the Said Province, And Widaaph, (alias Ore- tyaghr) Koqueeash & Andaggy-Inhekquagh, Chiefs of the said na- tions of Indians, & Wopaththa, King & Lemoytungh & Pemoya- jooagh, Chiefs of the nations of the Shawonnah Indians, And Ahook- assongh, brother to the Emperour, for and in behalf of the Emperour, (& Weewhinjongh, Chequittagh, Takyewsan & Woapaskoa, Chiefs,) of the nations of the Indians Inhabiting in & about the Northern. part of the River Powtowmeck, in the said province, for & in behalf of themselves & successors, & their several nations, and the People on the other part, as followeth :
That as hitherto there hath always been a good understanding & Neighbourhood between the sd Wm. Penn & his Lts, since his first arrival in the said Province, and the Several Nations of Indians in- habiting in and about the same, So there shall be forever hereafter a firm and lasting peace Continued between Wm. Penn, his Heirs & successors, & all the English & other Christian Inhabitants of the Said Province, & the said Kings and Chiefs, & their successors, & all the Severall Peopel of the nations of Indians aforesaid; And that they shall forever hereafter be as one Head & One Heart, & live in true ffriendship & Amity as one People.
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