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rebus omnibus, atq; aliis optime consulat. Cujusmodi multa, pro salute Regni et publica cum dignitate, tum tranquillitate animo agitamus, ut tandem optimo Regi præsidio simus, qui incredibili patientia st humanitate, nostram et Sanctitatis Vestræ opem expectat, sed tanta obsessus cura, sollicitudine et anxietate, ut nullus facile explicare possit, vix enim in hoc ipso, oculis et auribus nostris credimus; cujus usque adeo nos miseret, ut nibil ingrato magis animo audiamus quam ejus de hac re verba, querelas et cruciatum: jure, an injuria liceat nobis hoc, Beatissime Pater, cum Sanctitate Vestra tacere, ne præjudicium nobis aut aliis faciamus, sed quem non excitet tot annorum Conscientia Carnificina, quam ut transversum et modo in has et modo in illas partes agant Theologorum disputationes, et Patrum decreta, nullus non videt; qua in re enucleanda ita ambiguo laboratur sensu, ut jam non doctioris sed melioris hominis lumine et pietate egeamus, et propterea factum est ut cum ab utraq; parte stant assertores maximi, in illam magis Majestas sua inclinat, quæ ab offensionibus et periculis magis remota videtur. Quem præterea non moveat dulcis illa insitaque sobolis successio, in qua morientes et animam exhalaturi conquiescere, natura ipsa, videmur omnes? quem insuper non accendat, Regni atque imperii propagatio, et per solos liberos continuata quædam fruitio? quem deniq; populorum fidei ac ejus curæ commissorum tranquillitas et securitas, quæ in designatis jam regibus et principibus nutritur et vivit, non sollicitet? ita ut tanti adeoq; communis boni fundamenta nulla a se jacta, non doleat et suspiret, cum in extremis ejus diebus, extrema quoque tempora eis adventare sentiat, atq; secum omnia quodammodo in ruinam trahi? Majores habet, Beatissime Pater, Causa hæc anfractus et difficultates, quam superficie tenus inspectantibus offerantur, in quo vel hæ potissimæ sunt quod nec moram patitur, et in alteram partem non inclinat quidem, sed omnino cogit, ni velimus ab ea præcipites et maxima cum privatæ tum publicæ rei jactura cadere; nam qui vel Regina odio, vel speratæ, nec dum forsan notæ, futuræ conjugis illecebra et titillatione Regem agi putant, ii excordes plane et toto, quod aiunt, cœlo errare videntur: ut enim credere dignum est, nullis illius quamlibt duris moribus aut injocunda consuetudine, vel ulterioris sobolis spe desperata, Regium animo tanto periculo ad odium impelli posse; ita nec in hominis bene sani mente cadere debet, Regem hunc imbecillo adeo esse animo, ut sensuum suadela eam abrumpere cupiat consuetudinem, in qua adolescentiæ suæ florentes annos exegerit persancte adeo, ut in hac quoq; fluctuatione, non sine reverentia et honore versetur. Inest, credite omnes, voluntati ejus non modo divinæ legis timor, sed humani quoq; juris ratio eximia, hæcq; non privata sed publica, ad quam cum ejus animum trahant, utriusq; juris peritissimi, et Regni hujus sui proceres, et primates

omnes, nihil tamen suo, aut suorum tantum arbitrio constitutum habere cupit, sed Apostolicæ Sedis judicio; qua in re quanta sit pietate, maxime ostendit, quum non ex magorum carminibus, et circulatorum imposturis, aliisve malis artibus, sed Sanctissima Pontificis manu, tanto huic vulneri suo opem petat, de quo vel plura forte quam licuisset Sanctitati Vestræ subjecimus, quoniam hæc ipsa ulcera manibus nostris contrectavimus, et quantum vitales spiritus exhalent cognovimus: proinde Sanctitas Vestra, pii patris et peritissimi medici more, dum virtus adhuc stat, dum sales non desperatur, dum æger ipse sese sustinet et legitima petit auxilia, Kegem de se et Apostolica sede optime meritura in pietatis suæ sinu foveat, illudq; ei indulgeat quod nec disputationum immortalia dissidia, nec litium immensum chaos unquam dabit, nec sine maximo discrimine unquam tractabitur; atque illud etiam secum reputet, quam injurium, et cum privatis tum publicis rebus incommodum sit, extremos juris apices consectari, quanquam non expediat ex scripto jure semper judicari ; cui, quia Pontifices et Principes miro omniura consensu, a Deo ipso præfecti, consentur Spiritus et animæ vice, merito in ambiguis, et ubi multa periclitatur hominum salus, arbitrio suo ejus duritiem moderari possunt et debent, in quo Sanctitas Vestra et Regem et Regnum hoc plane servaverit. Quod si alia ratione vel aliunde paranda sibi fuerint auxilia, veremur ne de Regno et Rege hoc actum sit, quicquid enim alia manu huic vulneri im ositum fuerit, nihil minus faciet quam sanitatem, seditionibus enim et tumultibus omnia exponentur, atq; imprimis Ecclesiastica Dignitas et Apostolica Sedis Authoritas hinc deturbabitur; quod non erit difficile, aut ingratum quibusdam, qui Rege cum Sanctitate Vestra nunc conjunctissimo, impietatis suæ venenum perbelle dissimulant; Cujusmodi jacturam si dura hæc tempora nostra fecerunt, quod deinde sperandum sit, non videmus. Conservandus itaq; Rex est, ejusq; eximia in Apostolicam Sedem voluntas et fides, ne eo a nobis abalienato, non modo Angliæ Regem, sed Fidei quoq; Defensorem amittamus, cujus virtutes et Religionem tanto plausu orbi commendavimus. Brevitati studentes multa præterimus, et præsertim quid Regni proceres, Nobiles æque atque ignobiles dicant, qui fremunt et acerbissime indignantur, se tamdiu suspensos haberi, atq; ab aliorum nutu et voluntate exspectare, quid de fortunis eorum omnibus et capitibus statuant, aut decernant: atq; hac potissimum via insistunt, qui nullam aut certe diminutam hic Romani Pontificis Authoritatem vellent, quorum pleriq; in his disceptationibus, quibus alter alteri, ut usu venire solet, re in ambiguo posita, adversatur, ea dicunt quæ non absq; horrore referri queant; nam inter cætera illud maxime in ore obvium habent, et prædicant, se nunquam satis demirari, aut ridere posse quorundam ignaviam, qui patienter audiunt, Pontificibus in Jure Divino figendo et refi

gendo licere, Pontifici Pontificis ceram aut plumbum conflare non permitti; nos, ut hos scopulos et has syrtes evitemus, nihil non agimus, et ne præceps, huc vel illuc, Rex hic ruat, curamus, quem in officio vix contineri posse confidimus, dum a Sanctitate Vestra his literis rescribatur: quibus si ut speramus et cupimus aliquid rescriptum fuerit, per quod et Regem et horum omnium animos quietiores reddere valeamus, accedet nobis quoq; vis aliqua cætera felicius perficiendi; sin minus, omnia in deterius itura non ambigimus. Quæ ut celerius Majestas sua cognoscat, præsentes hos nuntios suos per dispositos equos ad Sanctitatem Vestram mittit, ex quorum sermone plura quoque intelligent quam literæ ipsæ commode capere potuerunt. Ignoscet vero Sanctitas Vestra literarum nostrarum prolixitati, quæ tametsi modum excedunt, rei tamen hujus difficultatem et periculum majori ex parte minime attingunt.

XXV.-May 21, 1529. Richmont. Another Dispatch to Rome. An Original. RIGHT well beloved Friends, I commend me unto you in my most hearty manner, by the bands of Alexander, Messenger; I have in good diligence received your Letters of the 4th of this Month; and semblably the King's Highness hath received your other Letters, sent by the same Messenger unto his Grace: By tenour whereof it well appeareth that the King's Highness is now frustrate of the good hope and expectation that his Grace and semblably I were in of the Pope's determination, to have done for his Highness in this great and weighty Cause of Matrimony, as his Holiness by his Chamberlain promised; not only that which might be done of power ordinary, but also of absolute; and that ye be utterly in despair to consecute or attain any thing to the purpose there, to the benefit of the said Cause, with the strange demeanour that hath been used in calling you to make answer, why the supplications presented by the Emperor's Ambassador for advocation of the Cause should not proceed; and how discreetly and substantially ye have answered and ordered yourselves therein: Affirming finally, that as to that Matter, ye think it shall not serve to any purpose, but only to stop your suit in the obtaining of a new Commission, and desiring to be ascertained of the King's pleasure touching the Protestation mentioned in your Instructions, and how the same is meant and understood, with many other things comprised in your said Letters, right well and substantially couched and handled; for the which the King's Highness giveth you hearty thanks, and I also thank you in most hearty manner for my part.

Ascertaining you, that by Thadeus, Courier, upon receipt of your former Letters sent by him, who I trust be arrived with you long

before this time; I wrote unto you the King's mind and pleasure, as well to forbear any further pursuits of the Degrees committed unto your Charge, except only the expedition of a new Commission and Pollicitation mentioned in the same. As also that you Mr. Stevins, and Sir Francis Brian, should return home, like as my said Letters purported. And forasmuch as now it appeareth, that there is no hope for you to attain the said Commission and Pollicitation, the King's Highness supposing that ye the said Mr. Stevins and Sir Francis be on your way homeward; and perceiving that it should be necessary for his Grace to have there a substantial Counsellor of his, well learned in the Laws, as well to defend all such things as shall be procured or set forth by the Casareans, to the hindrance of the King's Cause, as to let and impeach any Advocations, Inhibitions, or other thing that may be dammageable thereunto, hath dispatched thither this Bearer and Mr. Bennet, who hath commandment to shew unto you, and every of you, wheresoever he shall meet with or find you, his whole Instructions, by tenour whereof ye shall be advertised of the King's further mind and pleasure in that behalf; wherefore this shall be only to signifie unto you, how his Highness will that ye now forbear any pursuit, either for Commission, Pollicitation or Rescript to be sent to the Emperor for exhibition of the Brief, either here or at Rome, but that following in every part the tenor of the said Instructions, ye Mr. Stevins and Sir Francis Brian use all the diligence possible in your Voyage homeward, and the residue of you to attend to such things as be mentioned in the said Instructions; ascertaining you, that whereas ye were in doubt what is meant by the Protestation spoken of in my former Letters and your Instructions, it was none other thing than in the same Instructions was plainly specified and declared; That is to say, Failing of all your Requests and Pursuits touching the King's great Matter, to have shewed unto his Holiness the danger that might ensue, by losing the entire favour of this Prince, by mean of his so strange and unkind dealing with his Grace; howbeit, considering in what state the things now be, and how much the Pope's Holiness seemeth to be inclined to the Emperor's part. And yet as appeareth both by your Letters, and by such other knowledg as the King hath, his Holiness would gladly conserve the King's Love and Favour, and is loth to do any thing to the prejudice of his Cause: It is no time to come to any rigorous or extream words with his Holiness, but in gentle and modest manner to shew himself in such words as be mentioned in my said last Letters sent by Thadeus; and so without irritation of him, but with conservation of his favour to entertain his Holiness in the best manner that may be, without medling in any other Protestation, but only

to look what may be done touching such Protestations apart, as is mentioned in the said Instructions given to Mr. Benet, which with these Letters shall be a sufficient information of you all what to do in the Causes to be committed, not doubting but in all other particular suits of Bulls, and other things committed unto you, ye Mr Stevins and Sir Francis Brian, have or will do your best to bring the same with you; the expedition whereof, if they be not sped already, the King's Highness committeth to the Wisdoms of such of you as shall fortune to be in the Court of Rome at the receipt hereof; wherein, and in all other things, his Highness trusteth, and I do the semblable, that ye will order yourselves with all effectual diligence, as the special confidence that is put in you doth appertain.

And forasmuch as the greatest thing that is to be looked unto is the importune Suit of the Cæsareans, not only to stop any further things to be granted to the King's Highness, but also to revoke the Commission given to the Lord Legate Campegius and to me, which should be a clear disappointment and frustration of the King's Cause; ye shall therefore look substantially by all politick means to withstand, that no such thing be granted; assuring the Pope and all the Cardinals, and such other as have respect to the well of the See Apostolick, that if he should do such an high injury to the King and his Realm, and an Act so contumelious to us his Legates, and so contrarious to his Faith and Promise, he should thereby not fail so highly to irritate the King and all the Nobles of this Realm, that undoubtedly they should decline from the obedience of the See Apostolick, and consequently all other Realms should do the semblable, forasmuch as they should find in the Head of the same, neither justness, uprightness, nor truth; and this shall be necessary, as the case shall require, well to be inculked and put in his head, to the intent his Holiness by the same may be preserved from granting, passing, or condescending to any such thing.

After these Letters perfected hither, and read unto the King's Highness, albeit that mention is made in sundry places heretofore, that as well ye Mr. Stevins, and Sir Francis Brian, if ye be not returned from the Court of Rome, as also the rest of the King's Ambassadors, which at the arrival of Mr. Doctor Bennet shall fortune to be there, shall forbear to make any further means or pursuit for the New Commission and Pollicitation, but clearly to use silence therein; yet nevertheless regarding, and more profoundly considering the effect of your Letters last sent, it doth plainly appear, that tho after the overture made to the Fope's Holiness of the said New Commission, the Business chanced to be made by the Emperor's Ambassador, upon preferring a Supplication for advocation of the cause; which thing by your

writing, Mr. Stevins, to Capisuke was well avoided; yet was there none express refusal made by the Pope's Holiness to condescend unto the said New Commission, but order given that you should consult and confer with the Cardinal Anconitane and Symonette upon the same; which Conference, by mean of the said Business, was deferred and disappointed, without any final conclusion or resolution taken thereupon. Wherefore inasmuch as yet there appeareth none utter despair of obtaining the said New Commission and Pollicitation, with some more fat, pregnant, and effectual Clauses than the other hath; The King's pleasure is, That notwithstanding any words before mentioned, both ye the said Mr. Stevins, and Sir Francis Brian, if ve be not departed from the Court of Rome, do for the time of your demur there, which the King's pleasure is, shall not be long, but only for taking of your leave; and also the rest of the King's said Orators, after your departure, shall, as ye shall see the case require, endeavour your selves as much as may be, to obtain the said New Commission and Pollicitation, foreseeing always that you handle the matter after such manner, as thereby the Pope be not the rather induced to hearken and incline to any persuites of the Imperials for advocation of the Cause, which were a total frustration of all the King's intent, but so to use your selves, as ye shall see to be to the benefit, and not to the hindrance thereof: Which done, the King's Grace doth refer the good handling of this thing to your wisdoms and discretions, neither to leave the pursuit for the said Commission and Pollicitation, if it may without dammage be followed; nor to follow it, if thereby you shall see apparent danger of any such Advocation, or advantage to ensue to the purpose of the Imperialists, like as his Highness doubteth not, knowing now the King's mind and pleasure, you will with wisdom and dexterity, order your selves herein accordingly.

And furthermore, you shall in any wise dissuade the Pope for sending either by his Nuntio, to be sent unto Spain, or otherwise, for the Original Brief. And if the Nuntio be already passed, having charge to speak for sending the same to the Court of Rome, then to find the means that a Commandment be by the Pope's Holiness sent after him, not to make any mention thereof: Which done to you, the King's said Ambassador shall have a good colour to induce the Pope's Holiness, saying, as of yourself, That you have well considered your own pursuits for producing the Brief at Rome; and because the Emperor might percase think that the Pope were about to arect unto him the falsity of the said Brief, therefore you can be contented that that matter be put off, and no mention to be made thereof by his Nuntio, or otherwise; whereunto it is not to be doubted but the Pope's Holiness will have special regard, and facilly condescend to your desires in that behalf.

Finally; It appeareth also by certain your Letters sent, as well to the King's Highness as to me, that the Pope's Holiness is much desirous to study and find a mean and way to satisfy the King's Highness in this behalf: Amongst which one clause in his Letters to me is this; Tumetsi enim jurisperitorum consilium quæsiverimus, sed nihil reperimus, quod bonis oratoribus simul et justitiæ ac honori nostro satisfaceret; sed tamen agimus omnia, et tentamus omnes molos Regiæ suæ Serenitati, ac circumspectioni tuæ satisfaciendi. (And it is added in the Margin, with Wolsey's hand;

Mi Petre, referas tuis literis pervelim quid tibi et mihi Pontifex dixerit de modis excogitandis, et quomodo subridens dicebat, In nomine Patris, &c.) Wherefore since his Holiness so plainly declared, that he seeketh the ways and means to satisfie the King's Highness, it shall be in any wise expedient, that you the said Orators perceiving any towardness of Advocation, lay this to the Pope's Holiness, saying, That that is not the way to satisfy his Grace; and yet besides that, by your Wisdoms to find the means to understand and know of his Holiness what be the ways and means, which his Holiness hath studied or can study to satisfie the King according to his writing in this behalf, whereof they shall say his Grace is glad, and is very desirous to know and understand the same; and as you shall perceive any towardness or untowardness in the Pope in that behalf, so to set forth your pursuits to the best purpose accordingly. And thus heartily fare you well. From Richmond, the 21 day of May.

Your loving Friend,

T. Cardinalis Eborac.

XXVI-May 31. Romæ, 1529.

A Letter of the Pope's to the Cardinal. An Original.

Dilecto Filio nostro Thomæ tituli Sancta Cecilia Presbytero Cardinali Eboracensi, nostro et sedis Apostolica Legato de lutere.

Clemens manu propriu.

[Cotton Libr. Vitell. B. 11.] DILECIE Fili noster, salutem et Apostolicam benedictionem. Cum Angliæ Rex ac Circumspectio vestra, vetera erga nos et Sedem Apostolicam merita novis officiis augeretis, optabamus occasionem, in qua et vos nostrum amorem cognoscere possetis; sed molestissime tulimus eam primum esse oblatam, in qua circumsepti angustis terminis Justitiæ, non possemus progredi quantum vellemus, studio vobis gratificandi, multis ac rationabilibus Causis desiderium vestrum impedientibus, quod quidem Regiis Oratoribus istuc redeuntibus demonstrare conati sumus. Sed super his et publicis negotiis copiosius vobiscum loquetur Dilectus Filius noster Cardinalis Campegius. Datum Romæ die ultima Maii, 1529.

J.

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TRUSTY and right well-beloved we greet you well. Since your departure from hence, we have received sundry your Letters to us directed, whereof the last beareth date at Rome, the 4th day of the last month; and have also seen such other as from time to time ye have sent to the most Reverend Father in God, our most entirely well-beloved Counsellor, the Lord Legate, Cardinal, Archbishop of York, Primate of England, and our Chancellour: By continue whereof, we have been advertised of the Successes, as well of your Journey thitherwards, as of such things as ye to that time had done in our Causes to you committed; for the which your diligent advertisement, and good acquittal, we give unto you condign thanks: ascertaining you, We do not a little marvel, that in your said last Letters you shew so much desperation of any great favour to be had at the Pope's hand in our said Causes; considering that neither ye then had spoken with his Holiness in the same, nor by such Conferences as ye had had with Mr. Jacobo Salviati, or other on his behalf, we can perceive but all good favour and towardness; tho per-case the superiority of the Imperials, and the common fame, led you to think the contrary: Howbeit as you know no credence is to be given unto such common report, nor we trust the same shall prove more true, than hath done the Opinion that was of the Lord Legate Campegius now here Resident, whom we find and certainly know to be of a far other sort in his love and inclination towards us, than was spoken, not having such affection towards the Emperor, as in bim was suspected. And to be plain with you, if ever he had been of other mind, we have said somewhat to him after such manner as might soon change that intention. So that little Faith is to be given to the outward Sayings and Opinions of such People as measure every thing at their pleasure; which we doubt not but ye right wisely do consider, and that ye have before this time, by your diligent sollicitation made to speak with the Pope's Holiness for declaration of your Charge, proved the contrary. Whereof we shall be glad and joyous to hear; willing and desiring you therefore, according to the great and special confidence that we have in you, to pretermit no time in the diligent handling and execution of your said Charge, but by one good way or other to find the mean, if you have not already done it, to declare the same unto the Pope, wherein the good advice and address of the Bishop of Verone shall, We trust, do you great furtherance; and by whose means, if ye for the Pope's extreme

fection. And by your next Letters, We will
that ye advertise us what Advocates ye have
on our part, with their Names and Qualities;
finding the means also, if it be possible, to
retain some notable and excellent Divine, a
Frier, or other that may, can, or will firmly
stick to our Causes, in leaning to that, Quod
Pontifex ex Jure Divino non potest dispensare,
&c. And of all the Successes to advertise us,
as our special trust is in you.
Given under
our Signet, at our Mannor of Greenwich, the
6th of this April.

XXVIII.-The King's Letter to his Ambassadours, about his appearance before the Legates. An Original.

June 23, 1529.

To our trusty and right well-beloved Counsellors,
Mr. Wm. Bennet, Doctor of both Laws; Sir
Gregory de Cassalis, Knight; and Mr. Peter
Vannes our Secretary for the Latin Tongue,
our Ambassadours, resident in the Court of
Rome, and to every of them.

[Cotton Libr. Vitell. B. 11.]

HENRY R.

BY THE KINO.

debility or sickness might in no wise be often in every way bear to us the more perfect afadmitted unto his presence, ye may signify unto him at great length, our whole Mind, Desire, and Intent, after such form as your Instructions and Letters given and sent unto you in that behalf do purport: For sure ye inay be, it shall highly confer unto the benefit of our Causes, that ye have there present one so fast and assured Friend unto us, as we trust the Bishop of Verone is, who shall be able right largely to countervail, and meet with the malicious practices of the Archbishop of Capua, who is thought to be one of the chief Authors and Contrivers of the Falsities, Crafts, and Abuses, set forth to the hindrance of our said Causes; which no Man shall more politickly and facilly deprehend, than the said Bishop of Verone may do: And therefore he is by you, with all good means and ways possible, to be entertained; as we doubt not but you will have special eye and regard to the making, winning, and conservation of as many Friends to our purpose as ye can possibly obtain; so handling your self, as now may appear your dexterity and perfect endeavour to conduce, with your diligent labour and policy, our Matters to the speedy, indelayed, and desired end and effect, which ye may be sure we shall not put in oblivion, but will have the same in remembrance accordingly. Marvelling nevertheless, that though ye Mr. Stevins could not bring hitherto our great Causes to perfection, ye had not in the mean season advertised us what is done touching such Bulls as were to be sped for our other particular Matters, whereof no mention is made in your said Letters; willing and desiring you therefore, by your next Letters, to advertise us in what state and train the same be; knowing right well that ye being not only by the former Letters and Writings, but also by such as be sent unto you, at this time sufficiently and amply instructed of our Mind and Pleasure, will now so acquit your self, as shall correspond to the perfect expectation, and firm opinion that we have of you, which we shall not fail to have in our tender consideration to your well, as is aforesaid. Ye shall also, in your Conferences with the said Bishop of Verone, understand and know of him, by what ways and means ye may best further his advancement to the Cardinality; exhorting him, for the manifold good effects that thereof may ensue, to conform himself to the acceptation thereof, if it may be obtained; for doubtless his Vertue, Wisdom, Experience, Fidelity, and other great and commendable merits well considered, we think no Man more meet at this time to be preferred thereunto than him: And therefore our express Mind and Pleasure is, that ye do it by all the ways and means to you possible. And finally we will that ye show unto him how effectually we have written unto you in that behalf, to the intent, being advanced thereunto, he may give us the better thanks, and

TRUSTY and right well-beloved, we greet you well. By former Letters and Writings sent to you Sir Gregory and Mr. Peter, with other of your Collegues then being at Rome, and by such conference as was had with you Mr. Benet before your departure, you were advertised in what state then stood our Cause and Matter of Matrimony, and how it was intended that the Process of the same should with diligence be commenced before the Pope's Legates here, being authorised for that purpose. Since that time, ensuing the deliberation taken in that behalf, the said Legates, all due Ceremonies first observed, have directed Citations both to us and to the Queen, for our and for her appearing before them the 18th of this month; which appearance was duly on either Party kept, performed, and all requisite Solemnities accomplished: At which time the Queen trusting more in the power of the Imperialists, than in any justness of her Cause, and thinking of likelyhood, by frustratory allegations and delays, to tract and put over the Matter to her advantage, did protest at the said day, putting in Libels, Recusatories of the Judges; and also made a provocation, alledging the Cause to be avoked by the Pope's Holiness,et litis pendentiam coram eodem; desiring to be admitted for probation thereof, and to have a term competent for the same: Whereupon day was given by the Judges till the 21 of the same month, for declaration of their minds and intentions thereunto; The Queen in Person, and we by our Proctor enjoined to appear the same day, to hear what the said Judges should determine in and upon the same. At which time both we and the Queen appear

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