USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 32
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It was Ordered, That he continue to pay in the County of Ches- ter untill the Two Countyes shall have the Moors of the sayd Coun- tyes otherwise determined, And that the Justices of New Castle do order the Restoring of the distresse taken by Empson.
A like petition was Exhibited from Wm. Clowd, upon like cause of distresse, And it was Ordered in his behalf as in Wolto Rawson's.
The Gov' proposed That either the members of the Councill would give their constant attendance, according to the Provision made by the Law, viz: one out of each County; or at least that they would agree & order, (and it was accordingly agreed and ordered, nemine Contradicente,) That in case the Gov' should see cause at any time or times herafter, to Sumon a Councill, the charges of conveying all Sumon's should be borne & payd to the Secretary by an equail appor- tioning the sayd whole charge upor each County; And That the mem- bers of the Councill that should appeare, should disburse the same to the Secretary, at their mecting therupon, and should afterwards Levy the same by a County Rate, for their Re-imbursement.
Wherupon, The Gov' dismist the Councill from their further attend- ance for the present, and untill new Sumons.
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December ye 13, 1689.
Vpon a pacquits arrivall this Day ffrom ye Proprietary, Directed to y' Gover', he ordered a Councill should be Summonsed to meet in Philadelphia ye 31 Ins'.
At a Councill held in ye Councill Roome at Philadelphia ye 31 of y' 11* Mo., 1689.
PRESENT:
JO' BLACKWELL, Esq'., Gover'.
Jnº. Symcock, John Bristow, Jo" Hill,
Griff. Jones, Wm. Stockdale,
Wm. Markham, Sec".
Sam" Carpenter,
The Gover' Supposeing more members of Councill would be in towne to morrow, the weather being bad might hinder their traveling, Adjorned till then, two in ye afternoon.
At a Councill held in ye Councill Roome at Philadelphia y' ffirst of ye Eleventh month, 1689-90.
PRESENT :
JO" BLACKWELL, Esq'., Gover'.
Tho. Lloyd,
Bart. Coppock, Griff. Jones,
Jnº Eckly, Jo" Symcock, Sam" Carpenter. 1
Sam" Richardson,. Wm. Clark, Jn2. Hill,
Wm. Stockdale, Jo" Bristow, Wm. Markham.
After ye Gover' had Apologized for haveing his Speach in writing, and had read ye same, web ffollows verbatim, viz:
Gent. I had not Called you together at this unseasonable time of ye year, had not the Extraordinary occasion which I shall acquaint you with all, Required it, wch is indeed Such wherein as well my owne in- teres, peace and Comfort, as your Contentment, are Concerned, I shall not Spend more time in Digressing or witholding the mutuall Satisfaction this meeting will afford vs, Then I Judg necessary, (as introductive to ye Communicating of what I have vpon me to Say vnto you.)
My manner of Entrance and being received amongst you in this place is Knowne to Divers of you, and by what authority and Com- mission I was Constituted Gover' of this Province, &c., vnder y" Ab- solute Proprietary & his heirs. I Tould you fformerly, (at what time I began to be Sensible of some of your ill resentments of me,) that I sought not to be your Gover': But it arose ffrome ve mere good will and Pleasure of yo Proprietor to propose and require that Service of me, by his Comission sent me to new England, (with In- structions bearing date yª 12' day of ye 5° Mo., Called July, 1688,) which I have heard some of you have sayd 'twas but probationary.
"This should be the tenth mouth ..
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As I never looked vpon it as an Inheritance, so I am Sure I Came on no other terms of my makeing or accepting then to doe you service at his Request, weh I have Diligently and tfaithfully (according to ye best of muy vnderstanding,) indeavored to manifest, my Conscience not vpbrayding me, weh I shall willingly doe in any Capacity rather then this Highest.
I Came (indeed) with full purpose of Returning before ve advance of ye Last Summer's Season, but such has been ye state of Publick affayres as Inginuity would not permitt me to leave ye trust Commit- ted to me whilst my master was vnder any Evill Circumstances, (by ye Late revolutions,) without his ffree Concent and Directions about your future Settlement, wch I have now Received.
How vneasy my Continuance has been to some of you has been Represented to me by their writing; How burthensome to my selfe, my Spiritt has frequently dictated ; my tougne has. (perhaps) over Concernedly Expressed to others of your selves, and my Severall Letters of Complaint of ye Insupportableness of it, and my repeated Requesting of ye Hob'e Proprietor to be Released therefrom are Wit- nesses ; So I have testimonyes not only within myselfe, but in some of your brests, also in ye Proprietor's hands, and some of my near rela- tions imployed therein, to whome I perticularized ye promoting grounds and Reasons thereof, weh will sufficiently evince ye Sincerity of my Heart in desireing to be acquited therefrom, and which I hope I shall Confirme to you Ere I have done.
The Proprietor Has been pleased very kindly to Resent w' I have written of y' nature, (as his Letters to me of Severall dates, but Com- ing alltogether in one paquit by this Last Conveyance, doe Satisfie me,). ffor web I shall returne him my Sutable thanks. But withall, he has given me a touch of Some representations that have Come to him hence concerning me, and what a Spiritt has been raysed in ffrinds to his Disquietm' there vpon y' acco' vnder his present afflictive circum- stances, wch I am very Sory ffor, but shall not Trouble you with yª Particulars, or my Sence of y' Procuring Cause thereoff at present. 'Tis enough ffor me to hint those things to you, who must needs know of Them, at least Some of you, so I shall not in ye Least Dis- turb ye Serenity of my owne minde, or Discompose you (ffrom a joy full reception of yª message I have to Deliver you) by any remarks therevpon, or give you ffurther occasion of Representing me a griev- ance to him in any sort.
'Tis a good day. I have given & I doe unfeignedly give God thanks for it, (weh are not vayne words,) for to Say no worse I was very vnequally Yoaked: and it being y' Day of my Redemption from that Groaning, (I say,) I shall not grieve any of you, Neither Shall I De- teyne you longer in this porch.
Gent., I have Severall things to Communicate to you, by Command of ye Proprietor, whereof these at present, viz':
first, the Declaration of his selves to you and yª people in Genere", with his ffervent resolutions to be with you by God's hand and help, by y' very flirst Door y' his Providence opens, and his Sincere prayers
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to God for all your prosperity, wishing peace and happyness to abound among you every way.
Nextly, that ve Consideration of my repeated desires to leave a Station y' is So vneasie to Keep and Execute, has at Last brought him to resolve, tho' with reluctancy, (as he is pleased to his Express himselfe,) to answer my Request, and Ease me of that burthen. But upon ye terms of takeing me to himselfe, &c., wherein he has made very kinde proposalls to me, and Sent me over Severall Commissions & Instructions, wch, when I Judg Seasonable to Ingage in, I shall Communicate vnto you. And lastly, to lett you know that I quit ye place of Gover" as a man that sought to be discharged from it.
In pursuance whereof, this being ye place where, (after some debate amongst your selves,) you Declared your acquiesceing wth my Go- vernm', I doe here with all heartiness, declare my Rejoycing in ye Op- portunity and leave I have of Resigning and Surrendering it vp. And I doe accordingly very ffreely and ffully resigne and Surrender all yª powers and authorityes in my Commission and Instructions ffrom ye Honble Proprietor, given me as Gover', into your hands and accept- ance, viz: to ye Provinciall Councill.
And ffor y' you are ffallen into times of difficulties and Danger, (perhaps greater than some of you are aware of,) 1 Doe and Shall pray ye Lord ye God of all wisdome, that he would gratiously En- lighten your minds, and over rule your debates and Counsels, in and vnto Such wayes of truth, wisdome, quietness and agreement with his will, and one with another, as may Conduce with his glory, the Hon' of Their Maj's our Most Gracious King & Queen, the Security of Their Province and territoryes, the Interest and Rejoyceing of the Proprietor's heart and worthy ffamily, and ye Generall good, happi- ness and prosperity of ye people of all perswasions now Committed to your Charge ; and that he will alsoe Indow you w" Courage and re- solution proportionable to ye Trust and Station you are Sett in ; that Impartiall Justice may run with a mighty Streame ffrom your admin- istrations amongst them, to ye terrour of Evil doers, and prayse of all others.
Gent., I begg your pardon of my Ignorances & weaknesses; (I call my doings so, for y' I bless God I am not vnder any Conviction of haveing wickedly Departed ffrom ye Rule of my Duty therein;) I mean your Charter and Laws, so ffarr as they have ffoundation in ye King's Patent, and are not contrary to ye Laws of England. I begg also yo' acceptance of my vnfeigned thanks ffor what Respects you have shewed me in ye advices and assistances you have Supplyed vnto me, as I doc also fforgive ye Disrespects & neglects of any persons in this Government; and Lastly, I assure you that though I have not been ac- ceptable to you as yo' Gover', ffrom ye very ffirst day you saw me, (wherof I was Early made Sensible,) I will indeavour to improve these faylors to the approveing myselfe a Pattern and instance of personate humble deference, Submission and Obedience to those who Succeed me in y& Governm' whilst I Remaine amongst you, which ye vnfitness of y' Season & Danger of my age and Constitution, totravell so long a jorney
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as to ye place whence I Came, will probably Constrayn me vnto Some months.
Gent: I now both voluntarily and ffreely quit this Seat, to be ffild vp as by these two Commissions: (which I here deliver to you ffrom ye Proprietor:) In order to your Consideration whereof I think it my Duty to give you his owne words Concerning them, which are these, viz:
[I have Sent two Commissions about Settling ye Governm' there in a condition that may please ye Generallity. Let them be ye Choosers, Either of Them shall satisfie me.] By which you See how much his heart is Sett vpon your agreeing one with an other, not offering vio- lence by Imposeing vpon ye Lesser number. He proposes that ye Generallity be ye Choosers, not ye bare majorrity, and give me leave to tell you ffrom my owne Experience, 'twere yet better if you Could gaine ye universality ffor what you shall pitch upon as things now stand, for'tis Harmony must be your strength and Continuance, and a Small Complaint added to this Change of ye Hands, will argue you to have Little regard to ye Proprietor's present ill circumstances, and shake your whole ffoundation.
Here is also a Letter directed to you, wch I Received in my Paquet ffrom ye Proprietor, and when I vnderstand you have so made your Election, and Settled ye Deputation according to these Commissions, I shall ffurther address to you in what I shall conceive propper ffor your respective Cognizance relating to ye Proprietor's Service, agreea- ble to what ffurther Instructions I have ffrom him. And if I may be any way Serviceable to him or you whilst I remaine in these parts, be pleased to honor me wth your Commands. In ye meantime I take my leave of you, and pray ye Lord be with you.
The Gover' Then with drew, and then was Read by ye Secretary two Commissions ffrom William Penn, absolute Proprietary of ye Province of Pennsilvania & Countys annexed, to ye Provinciall Coun- cill, wch are as ffolloweth verbatim, viz :
WILLIAM PENN, Absolute Proprietary of The Pro- vince of Pennsilvania & Countys annexed, To his Trusty beloved ffriends, The Provinciall Councill ffor ye Province of Pennsylvania, &c., Greeting :
Since the Providence of God hath disappoynted my reall In tentions and Ernest Inclinations of Coming to you for some time longer, and to ye End ye Inhabitants thereof may be assured I have and Seek noe other Interest then what is agreeable with theirs, I doc Consent that you please yourselves, & therefore doe hereby Impower you to Chuse Three persons within ye said Province or Countys an- nexed, to present to me by ye very ffirst opportunity, out of wª I Shall Chuse one ffor my Deputy or Lieftenant Gover'; and till my mind therein is Knowne, I Doe hereby order that he that has ye most votes, or is ffirst Chosen by you, shall ffrom ye time of yo' Choice Act as my Deputy or Lieftenant Governor, over ve said Province & Ter- ritorys, according to ye Power and Limitation of fformer Commissions, you takeing Care to Support himin y' Capacity, Revoking all fformer
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Commissions to any Else granted, and Requiring all persons concern- ed to give him that Respect due to his high station. Given at London, ye 25th day of ye 7th Mo., 1689.
WM. PENN.
WILLIAM PENN, absolute Proprietary of The Pro- vince of Pennsilvania and Counties annexed, To his Trusty and Beloved ffriends, the Provinciall Councill ffor ye Pro- vince of Pennsilvania, &c., Greeting.
Since ye Providence of God hath disappoynted my reall inten- tions and Earnest inclinations of Coming to you for some time longer, and to the End ye Inhabitants thereof may be assured I have and Seek no other Interest then what is agreable to theirs, I have thought ffitt to appoynt you my Deputy and Lieftenant in Govern- ment, and do accordingly hereby Constitute you my Deputy, to act and doe in all things, in my name and Stead, according to ye power and Limitation of fformer Commissions. I Doe also Impower you to Elect ye President ffrom time to time, as you se Cause, so as he and you Exactly answer ye Charter and Laws of ye Country, Requir- ing all persons Concerned to give you ye Respect due to your high station, wet Commission shall Continue so long as I shall See Conve- nient. Given at London, this 25th of ye 7th month, 1689.
WM. PENN.
Then was Read a Lett ffrom ye Proprietary, bearing date ye 12h of ye 6th Mo., 1689, wch follows verbatim :
ffriends, I heartily wish you all well, and beseech God to guide you in ye ways of Righteousness and peace. I have thought ffitt vpon my ffurther Stopp in these parts, to throw all into your hands, that you may all See the Confidence I have in you, and the desire I have to give you all possible Contentment. I Doe Earnestly press your Con- stant attendance vpon ye Governm', and ye Diligent persuit of peace & Vertue, and God almighty Strengthen your hands in so good a work.
I also Recommend to you the perticular Discipine of That Towne vou meet in, that sobriety & Gravitie be maintained, and Authority Kept in Respect. As it Coms in your way, Countenance my Officers in Collecting my Small Revenue.
Lett ye Laws you pass hold so long only as I shall not Declare mv Dissent, that so my Share may not be Excluded, or I ffinally Conclud- ed, without my notice : in ffine, lett them be Confirmable by me, as you will See by ye Commission I Left when I Left the Province.
And if you Desire a Dep" Gover" rather, name Three, or ffive, and I shall nume one of Them, so as you Consider of a Comfortable sub- stance, that ye Governm' may not go a begging. I do not this to be a binding president; but to give you and ye people you represent the fullest pledges I an able at this Distance, of my regard to them. What Ever you do, I desire, bescech & Charge you all to avoyd ffactions and parties, Whisperings & reportings, and all animosities, that put- ting yo' Common Shoulder to ye Publick work, you may have The
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Reward of Good men & Patriots, and so I bid you heartily ffairewell. Given at London, This 12th of ye 6th Mo., 1689.
W. PENN.
W. P. P. G.
To my Trusty and well beloved ffriends, ye Provinciall
Councill at Philadelphia, in Pennsilvania.
By ED. BLACKFAN.
The members of Councill present being unwilling to Enter Imme- diately vpon debate wch of The two foregoing Commissions is most requisite should be put in Execution, did vnanimously agree at this time to Depart, and to meet againe to morrow, at nine in ye ffore- noon.
At a Meeting of ye Members of Councill in ye Councill Roome, ye 2ª 11 Mo., 1689-90.
PRESENT :
Tho. Lloyd,
Barth. Coppock,
Wm. Stockdale,
Jo" Symcock,
Jo" Bristow, Sam. Carpenter,
Jo" Eckly, Grif. Jones, Jo" Hill,
Sam. Richards, Wm. Clark,
Wm. Markham, Se.
It was Debated wch of ye Two Commissions that was Read vester- day should be put in Execution, and Resolved vnanimously, that ye Commission wch Impowred ye Councill to be Deputy Gover or Leive- tenant, to be accepted : accordingly, ye Councill Elected Thomas Lloyd President. It was put to ye vote whether the other Commission should be Canciled or not: Carried in ye affirmative, N. C. D., and was ac- cordingly Canciled at ye board.
Then was Read this ffollowing Clause in a Letter from the Proprie- tary to his Commissioner's of The same, viz:
Whereas, there is 600lb. due to me, wet has been neglected or- re- fused to be paid, if ye Province will build me an house in the City ffor my reception, vpon my Lott, Leaveing me to make additions hereaf- ter, if there be occasion, I hope to be there as soon as that is finished. I have sent Capt. Wm. Markham my model Or stock, ye Three Planta- tions of my Three Children, wth Each two Hundred pounds, w.ch Comes to ye sum, I shall take it well, and this may be sooner and safer done y" returning me y sum, tho' here it would have done me most good.
The Petion of Thomas ffairman was Read, setting forth his greivance ffrom ye County Court of Philadelphia, in ye Case between him & Mary Jeffs, wherevpon it was ordered v' y County Record be brought to yª Councill, to Exammine ye proceedings in that Case.
Adjorned to Nath" Ibel's house, ye season being very Cold.
The Secretary was Ord« to acquaint Jo" Blackwell, Esq'., ye Late Gover", in writeing, of the Board's Readiness to Receive any thing
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ffrom him Communicative to them, and to wayt vpon him with it himselfe, wch was accordingly done, and it is as ffolloweth, viz:
Sir: The Councill has this morning vnanimously accepted of ye Commission Impowring ye Provinciall Councill to be Dept Gover' or Leiu', and have accordingly made Choyce of Thomas Lloyd to be president, and vnder that fforme, ye Provinciall Councill is Ready to Receive what you have to Communicate to them.
I am, S', your Humble serv', WM. MARKHAM.
Wherevpon ye Said Blackwell, late Gover', attended wth y' Secre- tary, Came to ye Councill, and after Congratulation, presented them with Instructions ffrom ye Proprietary, and an abstract of Severall In- structions ffrom ye Proprietary to himselfe in private Letters; both wch are here at large sett downe, verbatim:
Instructions ffor L' Governo' Blackwell, or whome else it may Con- cerne.
First: that things be transacted in my Name, viz : Absolute Pro- prietary of Pennsilvania, (provided it agrees with our Charter and Laws, as I think it dos,) &c.
2. That all Commissions Signed by me and sealed here with ye Les- ser Seal, be taken ffor Sufficient warr's & Directions ffor passing them vnder ye broad seal, without any other Instrument of Authority.
3. Thirdly: to Collect ye Laws that are in Being, and send them over to me in a stitcht book, by ye very ffirst opportunity, which I have so often, and so much in vaine, desired.
4. To be Carefull that Speedy, as well as through and Impartiall Justice, be done ; Virtue in all Cherished, & vice in all punisht.
1 5. That ffines be in proportion both of ye ffault and ability of ye party, y' so they may be paid. .
6. That flewds between perswasions or Nations, or Counties, be Suppressed & Extinguished, if any be, & if none, that by a good Con- duct they may be prevented.
7. That ye Widdows, Orphans, and Absent, may be perticularly Regarded in their Right, ffor their Cry will be Loudest in all Eares ; but by Absent I mean Such as are so by Necessity.
8. To Countenance ye Comm" of Propriety, where land is vnseated, or people are vnruly in their settlements, or Comply not wth reasona- ble Obligations about bounds, banks Timber, &c. ffor tho' wee Came to a wilderness, it was not that wee should Continue it so.
9. That ye Sheriffs of ye Respective Counties be Charged w" The Receipt of my rents, ffines, &c., as they doe in England, & give Se- curity to ye Receiver Generall ffor yª same.
10. To have a Speciall Care that Sheriffs & Clarks of ye peace Impose not vpon ye people, and that ye magistrates live peaceably & soberly, ffor I would not Endure one loose or litigious person in Au- thority ; Lett them be men haveing some ffear of God, and hateing coveteousness, whatever be their persuasions : to Employ others is to prophane an Ordinance of God.
11. That Care be taken of ye Roads and Highways in ye Country,
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that they may be streight & Commodious ffor Travellers ; ffor I vn- derstand they are turned about by ye planters, web is a mischief y' must not be endured.
12. Rule ye meek meekly, and those that will not so be Ruled rule wth Authority ; And God Almighty prosper all honest and prudent En- deavours.
Lastly : Consider by what means or methods ye Good and pros- perity of ye Plantation may be promoted, and what Laws in being are vnnecessary or Defective, and what are wanting, and in Each par- ticular hereoff, Lett me have advice as Distinctly and as speedily as may be.
Given at London, ye 25th day of ye 7th Mo., 1689, was signed WM. PENN.
An Abstract of Severall Instructions Recomended to me by ye Pro- prietor, Directed with Relation to ye Governm' whilst I was Gover', Lt. Gover' & Deputy Gover' of this Province of Pennsilvania.
[In his Lett 11 2 m., 1639.]
There is a Cause of ye widdow Jeffs, in which I have been prest: I Doe desire yt shee may have justice Showne her, and as much mercy & Kindness as can be with justice to those Concerned with her.
Also that ye Concerns of Henry Patrick may not be lost, Rich4 Noble was Intrusted.
[in his Lett. 11 6 mo. 1689.]
Countenance ye Interest of Widdow Whitpaine and her husband's Creditors, all that is possible in justice; the Honor of ye Province is Concerned in it.
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[in his Lett. 25 7 mo., 1689.]
I must Recommend to ye Governm' ye Care of yª widdo Jeffs & Whitpaine, in which, believe me, ye Honour of ye Province is Deeply Concerned, Especially ye Latter, because of her husband's Creditors, whose Expectations are much ffor you there.
Sam" Hersent left a Child there that was at my Charge, but I think ought to be mantayned by ye Community. It is ye Grandmother's desire he should be sent over by the ffirst Opportunity y' is safe, as if There Come a fleet with a Convoy ffrom Virginia or New York.
I would be as Little Rigorous as possible ; And doe desire thee, by all ye Obligation I and my present Circumstances can have vpon thee, to Desist ye prosecution of T. L. I intirely Know ye person both in his Weakness and Accomplishment, and would thec End ye Dispute between you two, vpon my Single Request & Command, and that fformer inconveniences be Rather mended then punished.
P. S. Salute me to ye people in Genc": pray send for J. Simcock, A. Cock, Jnº Eckle & Sam" Carpenter, and Lett them Dispose T. L. & Sa. Richardson to that Complying temper that may tend to that locving & serious accord y' becomes such a Governm'; vale.
Ex'. p. me, JOHN BLACKWELL,
2' 11, 1689.
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Ordered y ye Secretary Deliver to ye Keeper vpon his Demand, ye Commission this day accepted off by P" Councill, Impowring them to be Deputy Gover' or Leiu', in order to ye Keeper's passing it vnder ye broad seale.
The Secretary Read a paragraph of a Letter ffrom ye Proprietary to him, bearing date ye 13 24 Mo., 1689, viz:
Pray represent to ye Deputy Gover" & Provinciall Councill, the In- vasion and oppression of those that Except against any man being Chosen a member of Councill or Assembly that is in my service, though it appear y' they are otherwise good and Honest men : is there not ye same Reason to refuse them their votes that Choose their Landlords, Customers, masters or Relations, ffor ye Reason is rather Stronger : is my Interest already rendered so opposite to ye Country's, and I and those Imployed by me, become such ill men y' it is Impossi- ble they Can serve ye Country and me together? I Could say much against ye Impolicy & Impiety of Such Suggestions; only make a stand & protest against all Such things.
The Records of ye County Court of Philadelphia being brought to this board, and ye Case between Mary Jeffs and Thomas ffairman being thorowly Exammined by ye Prov" Councill, Did Resolve and Order:
That ye Appeale obteined (vpon a judgm' by Thomas ffairman, at a County Court or Quarter Sessions held the ffirst day of ye ffirst month, 1688-9,) Doe Continue till it be Determined by ye next Provin" Court; and that what goods so ever have been taken in Execution vpon the aforesaid Judgment, or any subsequent Order of ye said Court since in y' behalfe, y' ye sheriff, or such officers who have been Im- ployed vnder him, be required fforthwith to make Restitution of ye same, as They shall Answer ye Contrary at their perrill.
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