As to the other omission, every intelligent reader must have observed, that ] have not entered, either in the historical part of this volume, or in the Proofs and Illustrations, into the same detail with respect to the ancient laws and customs of the British kingdoms, as concerning those of the other European nations. As the capital facts with regard to the progress of government and manners in their own country are known to most of my readers, such a detail appeared to me to be less essential. Such facts and observations, however, as were necessary towards completing my design in this part of the work, I have mentioned under the different articles which are the subjects of my disquisitions. The state of government, in all the nations of Europe, having been nearly the same during several ages, nothing can tend more to illustrate the progress of the English constitution, than a careful inquiry into the laws and customs of the kingdoms on the continent. This source of information has been too much neglected by the English antiquaries and lawyers. Filled with admiration of that happy constitution now established in Great Britain, they have been more attentive to its forms and principles, than to the condition and ideas of remote times, which in almost every particular, differ from the present. While engaged in perusing the laws, charters, and early historians of the continental kingdoms, I have often been led to think that an attempt to illustrate the progress of English jurisprudence and policy, by a comparison with those of other kingdoms in a similar situation, would be of great utility, and might throw much light on some points which are now obscure, and decide others which have been long controverted.
VIEW OF THE STATE OF EUROPE.
AFRICA, the shocking devastations made there by the Vandals, 501, 502. Alanus, character of the clergy in his time, 515. Alfred the Great, his complaint of the ignorance of the clergy, 515.
Allodial possession of land, explained, 507. How such possession became subject to military ser- vice, 508. Distinguished from beneficiary ten- ures, ib. How converted into feudal tenures, 509. Allodium, the etymology of that word, 512. Ammianus, his character of the Huns, 502. 504. Amurath, Sultan, the body of Janizaries formed by him, 87.
Anathema, form of that denounced against rob- bers during the middle ages, 554. Arabia, the ancient Greek philosophy cultivated there, while lost in Europe, 550. The progress of philosophy from thence to Europe, 551. Armies, standing, the rise of, traced, 46. By what means they became more general in Europe, 54. Arms, the profession of, the most honourable in uncivilized nations, 35.
Arragon, rise of the kingdom of, 68. Its union with Castile, 69. The constitution and form of its government, 70. The privileges of its Cortes, ib. Office and jurisdiction of the justiza, 71. The regal power very confined, ib. Form of the allegiance sworn to the kings of, ib. The power of the nobility to control the regal pow- er, 559. Their privilege of union taken away by Peter IV., 560. The establishment of the inquisition opposed there, 561. Ass, account of the ancient Romish feast of, 516. Assemblies, legislative, how formed, 22.
,general, of France, their power under the first race of kings, 76. Under the second and third, 77. At what period they lost their legislative authority, ib.
Attila, king of the Huns, account of his recep- tion of the Roman ambassadors, 500. Some account of his conquests, 503. Austria, the house of, by whom founded, 82. Avila, an assembly of Castilian nobles there so- lemnly try and depose Henry IV. their king, 70.
Baillis, in the old French law, their office ex- plained, 545.
Balance of power, the first rise of, in Europe, 53, 54. The progress of, 55, 56.
Baltic, the first source of wealth to the towns situated on that sea, 556.
Barcelona, its trade, riches, and privileges at the close of the fifteenth century, 562. Barons, independence and mutual hostilities of, under the feudal system, 12. How affected by the enfranchisement of cities, 20. Acquire a participation in legislative government, 22. Pri- vate wars for redress of personal injuries, 24. Methods employed to abolish these contentions, 26. Origin of their supreme and independent jurisdiction, 29. Bad effects resulting from these privileges, 30. Steps taken by princes to reduce their courts, 32. Obliged to relinquish their ju- dicial prerogatives, 36. Of Italy, subjected to municipal laws, 520, 521. Their right of terri- torial jurisdiction explained, 543. Their emolu- ments from causes decided in their courts, ib. Benefices, under the feudal system, a history of, 509. When they became hereditary, 510. Books, inquiry into the materials of ancient ones, 515. Loss of old manuscripts accounted for, ib. Great prices they sold for in ancient times, ib.
| Boroughs, representatives of, how introduced into national councils, 22.
Britains, ancient, their distress and dejection when deserted by the Romans, and harassed by the Picts and Caledomans, 500. Brotherhood of God, an account of that associa- tion for extinguishing private wars, 534. Bruges, how it became the chief mart for Italian commodities during the middle ages, 556. Burgundy, Mary, heiress of, the importance with which her choice in a husband was considered by all Europe, 51. Treacherous views of Louis XI. of France towards her, 52. Is married to the archduke Maximilian, ib. The influence of this match on the state of Europe, ib.
Casar, his account of the ancient Germans, com- pared with that of Tacitus, 504. Calatrava, military order of, in Spain, zealous to employ their prowess in defence of the honours of the Virgin Mary, 563. The vow used by these knights, ib.
Cambray, treaty of, its object, federacy dissolved, 57. Canon law, inquiry into, 33.
Progress of eccle- siastical usurpations, 33, 34. Maxims of, more equitable than the civil courts of middle ages, 34. Castile, rise of the kingdom of, 68. Its union with Arragon, 69. Its king, Henry IV., deposed, 70. Constitution and government of that king- dom, 72. History of the Cortes of, and its pri- vileges, ib. Kingdom originally elective, 561. Catalonia, spirited behaviour of the people there in defence of their rights, against their king John II. of Arragon, 70. Censuales, a species of voluntary slaves, the ob- ligations they entered into, described, 530. Centenarii, or inferior judges in the middle ages, extraordinary oath required from them, 554. Champs de Mars and de Mai, account of those assemblies of the ancient Gauls, 565. Charlemagne, his law to prevent private wars for redress of personal injuries, 26. 533. State of Germany under his descendants, 80. Charles IV., emperor, dissipates the imperial do- mains, 573.
V., emperor, an emulator of the heroic con- duct of his rival, Francis I., 37. His future gran- deur founded on the marriage of the archduke Maximilian with the heiress of Burgundy, 52.
VII. of France, the first who introduced standing armies in Europe, 47. His successful extension of the regal prerogative, ib.
VIII. of France, his character, 52. How induced to invade Italy, ib. His resources and preparations for this enterprise, 53. His rapid success, ib. A combination of the Italian states formed against him, 54. Is forced to return back to France, ib. The distressed state of his revenues by this expedition, 56. Charlevoix, his account of the North American Indians, made use of in a comparison between them and the ancient Germans, 505, 506, Charters of immunity or franchise, an inquiry into the nature of those granted by the barons of France to the towns under their jurisdic- tions, 522. Of communities, granted by the kings of France, how they tended to establish regular government, 21. 523.
Chivalry, origin of, 36. Its beneficial effects on human manners, 37. The enthusiasm of, dis- tinguished from its salutary consequences, ib.
Christianity, corrupted when first brought into Europe, 38. Its influence in freeing mankind from the bondage of the feudal policy, 529. Circles of Germany, the occasion of their being formed, 83.
Cities, ancient states of, under the feudal policy, 19. The freedom of, where first established, 20. Charters of community, why granted in France by Louis le Gros, ib. Obtain the like all over Europe, 21. Acquire political consideration, ib. Clergy, the progress of their usurpations, 33. Their plan of jurisprudence more perfect than that of the civil courts in the middle ages, 34. The great ignorance of, in the early feudal times of Europe, 515.
Cleriza, slave to Willa, widow of duke Hugo, extract from the charter of manumission granted to her, 529.
Clermont, council of, resolves on the holy war, 16. See Peter the Hermit and Crusades. Clotaire I., instance of the small authority he had over his army, 565.
Clotharius II., his account of the popular assein- blies among the ancient Gauls, 565. Clovis, the founder of the French monarchy, un- able to retain a sacred vase taken by his army from being distributed by lot among the rest of the plunder, 507.
Colleges, first establishment of, in Europe, 551. Combat, judicial, prohibition of, an improvement in the administration of justice, 27. Founda- tion and universality of this mode of trial, 29. Pernicious effects of, 30. Various expedients for abolishing this practice, ib. Ancient Swe- dish law of, for words of reproach, 538. Posi- tive evidence or points of proof rendered inef- fectual by it, 539. This mode of trial author- ized by the ecclesiastics, 540. Last instances of, in the histories of France and England, 541. Commerce, spirit of crusading how far favourable to, at that early period, 19. First establishment of free corporations, 20 Charters of commu- nity, why granted by Louis le Gros, ib. Like practice obtains all over Europe, 21. Salutary effects of these institutions, ib. Low state of, during the middle ages, 40. Causes contribu- fing to its revival, ib. Promoted by the Han- seatic league, 41. Is cultivated in the Nether- lande, ib. Is introduced into England by Ed- ward III, ib. The beneficial consequences resulting from the revival of, ib. The early cultivation of, in Italy, 554.
Common law, the first compilation of, made in England by lord chief justice Glanville, 548. Communities See Charters, Cities, Commerce, and Corporations.
Comnena, Anne, her character of the Crusaders,
Compass, mariner's, when invented, and its in- fluence on the extension of commerce, 40. Composition for personal injuries, the motives for establishing, 533. The custom of, deduced from the practice of the ancient Germans, 541. Compurgators, introduced as evidence in the jurisprudence of the middle ages, 27. Condottieri, in the Italian policy, what, 63. Conrad, count of Franconia, how he obtained election to the empire, 80.
Conradin, the last rightful heir to the crown of Naples of the house of Suabia, his unhappy fate, 65.
Constance, treaty of, between the emperor Frede- ric Barbarossa and the free cities of Italy, 522. Constantinople, its flourishing state at the time of the crusades, 17. When first taken by the Turks, 86. The crusaders, how looked upon there, 519. The account given of this city by the Latin writers, 519, 520. Constitutions, popular, how formed, 22. Cordova, Gonsalvo de, secures the crown of Na- ples to Ferdinand of Arragon, 66. Corporations and bodies politic, establishments
of, how far favourable to the improvement of manners, 19. Privileges of, how first claimed, 20. Charters of community, why granted by Louis le Gros in France, ib. Institution of, obtains all over Europe, 21. Their effects, ib. Cortes of Arragon, its constitution and privileges,
of Castile, a history of, and an account of its constitution and privileges, 72. The vigilance with which it guarded its privileges against the encroachments of the regal power, ib. Crusades, first motives for undertaking, 16. En- thusiastic zeal with which they were under- taken, ib. First promoted by Peter the Hermit, ib. Success of them, 17. Consequences re- sulting from them, ib. Their effects on manners, 18. On property, ib. How advantageous to the enlargement of the regal power of European princes, ib. Commercial effects of, 19. 40. Uni- versal frenzy for engaging in these expeditions accounted for, 517. Privileges granted to those who engaged in them, 517, 518. Stephen earl of Chartres and Blois, his account of them, 518. Expense of conducting them, how raised, 518, 519. Character given of the Crusaders by the Greek writers, 519.
Debt, first hint of attaching moveables for the recovery of, derived from the canon law, 548. Debtors, how considered in the rude and simple state of society, 523.
Diets of Germany, some account of, 575. Doctors, in the different faculties, dispute prece- dence with knights, 551.
Ecclesiastical jurisprudence, more perfect in its plan than the civil courts of the middle ages, 34. Ecclesiastics, when and by what degrees they claimed exemption from civil jurisdiction, 546. Military talents cultivated and exercised by those of the middle ages, 550. Edward III. of England, his endeavours to intro- duce commerce into his kingdom, 41. Electors of Germany, rise of their privileges, 84. Eloy, St., his definition or description of a good Christian, 516.
Emperors of Germany, inquiry into their power, jurisdiction, and revenue, 572. Ancient mode of electing them, 574,
England, summary view of the contests between, and France, 44. Consequences of its losing its continental possessions, 45. The power of the crown, how extended, 49. See Henry VII. Why so many marks of Saxon usages and language, in comparison with those of the Normans, to be found in, 501. When corporations began to be established in, 527. Instances of the long conti- nuance of personal servitude there, 531. Inquiry into the Saxon laws for putting an end to private wars, 535. Causes of the speedy decline of pri- vate wars there, proposed to the researches of antiquarians, 536. Last instances of judicial combat recorded in the history of, 541. Terri- torial jurisdiction of the barons, how abolished, 546. Causes of the slow progress of commerce there, 556, 557 The first commercial treaty entered into by, 557.
Evidence, imperfect nature of that admitted in law-proceedings during the middle ages, 27. Rendered ineffectual by the judicial combat,540 Europe, alterations in, by the conquests of the Romans, 7. Improvements the nations of, re- ceived in exchange for their liberties, ib. Its disadvantages under this change of circum- stances, ib. Inquiry into the supposed popu- lousness of the ancient northern nations, 8 Savage desolations exercised by the Goths, Vandals, and Huns, 10. Universal change oc- casioned by their irruptions and conquest, 11 First rudiments of the present policy of, to be deduced from this period, ib. Origin of the feudal system, 12. See Feudal System. The
general barbarism Introduced with this policy, 13, 14. At what time government and man- ners began to improve, 15, 16. Causes and events which contributed to this improvement, 16. See Crusades, Corporations, People. Mi- series occasioned by private wars in, 26. Me- thods taken to suppress them, ib. Judicial com- bats prohibited, 27. Defects of judicial pro- ceedings in the middle ages, ib. Influence of superstition in these proceedings, 28. Origin of the independent territorial jurisdictions of the barons, 32. Bad consequences of their judicial power, ib. Steps taken by princes to abolish their courts, ib. Inquiry into the canon law, 33. Revival of the Roman law, 35. Effects of the spirit of chivalry, 36. How improved by the progress of science and cultivation of literature, 37 Christianity corrupted when first received in, 38. Scholastic theology the first object of learning in, ib. Low state of commerce in, during the middle ages, 40. Com- merce revives in Italy, ib. Is promoted by the Hanseatic league, 41. Is cultivated in the Ne- therlands, ib. Effects of the progress of com- merce on the polishing of manners, ib. Effects of the marriage of the heiress of Burgundy with the archduke Maximilian, on the state of,
Feodum, the etymology of that word, 512. Ferdinand, king of Arragon, unites the Spanish monarchy, by his marriage with Isabella of Castile, 68, 69. His schemes to exalt the regal power, 74. Resumes former grants of land from his barons, ib. Unites to the crown the grand masterships of the three military orders, 75. Why he patronized the association called the Holy Brotherhood, against the barons, 76. Feudal system, origin of, deduced, 12. Primary object of this policy, ib. Its deficiencies for interior government, 13. Tenures of land, how established under, ib. Rise of intestine discords among the barons under, ib. Servile state of the people, ib. Weak authority of the king, ib. Its influence on the external operations of war, ib. General extinction of all arts and sciences effected by, 14. Its operation on religion, ib. Its influence on the character of the human mind, 15. At what time government and man- ners began to be improved, ib. Causes and events which contributed to this improvement, 16. See Crusades. Ancient state of cities under, 19. Frame of national councils under this po- licy, 22. How altered by the progress of civil liberty, 23. Inquiry into the administration of justice under, 24. Private war, 26. Judicial combat, 29. Independent jurisdiction of the barons, ib. Distinction between freemen and vassals under, 507-512. How strangers were considered and treated under, 553. Fiefs, under the feudal system, a history of, 509. When they became hereditary, 510. Fitzstephens, observations on his account of the state of London at the time of Henry II., 527. Flanders. See Netherlands. Florence, view of the constitution of, at the com- mencement of the sixteenth century, 64. In- fluence acquired by Cosmo di Medici in, ib. France, by what means the towns in, first ob- tained charters of community. 20. Ordonnances of Louis X. and his brother Philip in favour of civil liberty, 23. Methods employed to suppress private wars, 26. St. Louis attempts to dis-
countenance judicial combat, 30. View of the contests between, and England, 44. Conse- quences of its recovering its provinces from England, 45. Monarchy of, how strengthened by this event, 46. Rise of standing forces in, ib. Regal prerogative strengthened by this measure, 47. Extension of the regal prerogative vigorously pursued by Louis XI., 48. See Louis XI. Effects of the invasion of Italy by Charles VIII. See Charles VIII. National infantry established in, 55, 56. League of Cambray formed against the Venetians, 57. Battle of Ghiarraddada, ib. Inquiry into its ancient go- vernment and laws, 76. Power of the general assemblies under the first race of kings, ib. Under the second and third, 77. Regal power confined to the king's own domains, ib. When the general assembly or states general lost their legislative authority, ib. When the kings began to assert their legislative power, 78. When the government of, became purely monarchical, ib. Regal power nevertheless restrained by the privileges of the nobility, ib. Inquiry into the jurisdiction of its parliaments, particularly that of Paris, 79. How the allodial property of land there was altered into feudal, 510, 511. Pro- gress of liberty in that kingdom traced, 527. Attempts to establish liberty there unsuccessful, 528. Last instance of judicial combat recorded in the history of, 541. Present government of, compared with that of ancient Gaul, 564. The states general, when first assembled, 570. Francis I. of France, his character influenced by the spirit of chivalry, 37. Is emulated by the emperor Charles V., ib.
Frederic Barbarossa, emperor, the free cities of Italy unite against him, 522. Treaty of Con- stance with them, ib. Was the first who granted privileges to the cities in Germany, 526. Fredum, in the ancient German usages, explained, 541.
Freemen, how distinguished from vassals, under the feudal policy, 507-512. Why often in- duced to surrender their freedom, and become slaves, 514.
Fulcherius Carnotensis, his character of the city of Constantinople, 520.
Gaul, how allodial property of land was changed into feudal there, 510. Government of, com- pared with that of modern France, 564. Small authority the kings of, enjoyed over their armies, illustrated in an anecdote of Clotaire I., 565. Account of the popular assemblies of, ib. Salic laws how enacted, ib. Were not subject to taxation, 566. See France.
Geoffrey de Villehardouin, his account of the magnificence of Constantinople at the time when taken by the Crusaders, 520. Germans, ancient, an account of their usages and way of life, 504. Their method of engaging in war, ib. Comparison between them and the North American Indians, 505. Why they had no cities, 525. The practice of compound- ing for personal injuries by fines, deduced from their usages, 541.
Germany, little interested in foreign concerns at the beginning of the fifteenth century, 44. Na- tional infantry established in, 55. State of, under Charlemagne and descendants, 80. Con- rad, count of Franconia, chosen emperor, ib. His successors in the imperial dignity, ib. How the nobility of, acquired independent sovereign authority, ib. Fatal effects of aggrandizing the clergy in, 81. Contest between the emperor Henry IV. and Pope Gregory VII., ib. Rise of the factions of Guelfs and Ghibellines, 82. De- cline of the imperial authority, ib. House of Austria, by whom founded, ib. Total change in the political constitution of the empire, ib. State of anarchy in which it continued to the time of Maximilian, the immediate predecessor
liberty to his slaves, 529.
VII., pope, foundation of his contests with Henry IV. emperor of Germany, 81. The mean submission he extorted from Henry, ib His own account of this affair, 572. Guelfs and Ghibellines, rise of those factions in Germany, 82. Guicciardini, instance of his superstitious reve- rence for pope Clement VII., 63, note. Guntheras, a monk, his character of Constantino- ple, at the time when taken by the crusaders, 520. Hanseatic league, when formed, and its influence on the extension of commerce, 41. 556. Henry IV. of Castile, solemnly tried and deposed by an assembly of Castilian nobles, 70.
of Charles V., ib. Divided into circles, 83. | Gregory the Great, pope, his reason for granting Imperial chamber instituted, ib. Aulic council reformed, ib. View of its political constitution at the commencement of the ensuing history, ib. Its defects pointed out, ib. Imperial dig- nity and power compared, 84. Election of the emperors, ib. Repugnant forms of civil policy in the several states of, 85. Opposition between the secular and ecclesiastical members of, ib. United body hence incapable of acting with vigour, ib. When cities first began to be built in, 525. When the cities of, first acquired mu- nicipal privileges, 526. Artizans of, when en- franchised, ib. Immediate cities in the Ger- man jurisprudence, what, ib. Great calamities occasioned there by private wars, 537. Origin of the league of the Rhine, ib. When private wars were finally abolished there, ib. Inquiry into the power, jurisdiction, and revenue of its emperors, 572. Ancient mode of electing the emperors, 574. Account of the diets, 575. Ghibellines. See Guelfs.
Ghiarraddada, the battle of, 57.
Glanville, lord chief justice, the first who com- piled a body of common law, in all Europe, 548. Goths, Vandals, and Huns, overrun the Roman empire, and precipitate its downfal, 8. State of the countries from whence they issued, ib. Motives of their first excursions, ib. How they came to settle in the countries they conquered, 9. Comparison drawn between them and the Romans, at the period of their eruptions, 9, 10. Compared with the native Americans, 10. De- solation they occasioned in Europe, ib. Uni- versal change made by them in the state of Europe, 11. Principles on which they made their settlements, ib. Origin of the feudal sys- tem, 12. See Feudal System. Inquiry into the administration of justice among, 24, 25. Their private wars, 25. Destroy the monuments of the Roman arts, 38. Their contempt of the Romans, and hatred of their arts, 500. Their aversion to literature, ib. No authentic account of their origin or ancient history existing, ib. Government, how limited by the feudal policy, 13. Effects of the crusades on, 16. How affected by the enfranchisement of cities, 20. Legisla- tive assemblies how formed, ib. Private wars destructive to the authority of, 24. Methods employed to abolish this hostile mode of re- dressing injuries, 26. How affected by the su- preme independent jurisdictions of the barons, 29, 30. Steps towards abolishing them, 32. Origin and growth of royal courts of justice, 32, 33. How influenced by the revival of sci- ence and literature, 39. View of, at the begin- ning of the fifteenth century, 42. Power of monarchs then very limited, ib. Their revenues small, 43. Their armies unfit for conquest, ib. Princes hence incapable of extensive plans of operation, ib. Kingdoms very little connected with each other, 43, 44. How the efforts of, from this period, became more powerful and extensive, 45. Consequences of England losing its provinces in France, ib. Scheme of Louis XI. of France to extend the regal power, 48. See Louis XI. Power of the English crown enlarged, 50. See Henry VII. As also that of Spain, ib. How the use of standing armies became general, ib. View of the political con- stitution of the several states of Europe, at the commencement of the sixteenth century, 58. In what respects the charters of communities granted by the kings of France tended to intro- duce a regular form of, 523.
Greece, the breeding of silk-worms, when intro- duced there, 554.
Greek emperors, their magnificence at Constan- tinople, 519.
Gregory of Tours, remarks on the state of Eu- rope during the period of which he wrote the history, 15.
-, emperor of Germany, the humiliating state to which he was reduced by pope Gregory VII., 81. 572.
VII. of England, his situation at his ac- cession to the crown, 50. Enables his barons to break their entails and sell their estates, ib. Prohibits his barons keeping retainers, ib. En courages agriculture and commerce, ib. Herebannum, the nature of this fine under the feudal policy, explained, 508. Hermandad,Santa,account of that institution,564. History, the most calamitous period of, pointed out, 10, 11.
Holy Brotherhood, an association in Spain under that name, on what occasion formed, 75, 76.
Land, the original inducements of the Chris- tians to rescue it from the hands of the infidels, 16. See Crusades and Peter the Hermit. Honour, points of the ancient Swedish law for determining, 538.
Hospitality, enforced by statutes during the mid- dle ages, 552.
Huns, instance of their enthusiastic passion for war, 500. Some account of their policy and manners, 502. See Goths.
Janizaries, origin and formidable nature of those troops, 87.
Imperial chamber of Germany instituted, 83. The occasion of its institution, 575. Indians, North American, a comparison drawn between them and the ancient Germans, 505. Industry, the spirit of, how excited by the en- franchisements of cities, 21.
Infantry, the advantages of, beyond cavalry taught to the rest of Europe by the Swiss, 55 National bodies of, established in Germany, ib In France and Spain, 55, 56. Inheritance, and right of representation, between orphan grandsons and their uncles, how de cided in the tenth century, 539.
Interest of money, the necessity of admitting, in a commercial view, 555. Preposterously con- demned by the churchmen of the middle ages, ib. The cause hence of the exorbitant exac- tions of the Lombard bankers, ib.
Italy, when the cities of, began to form themselves into bodies politic, 20. Commerce first im- proved there, and the reasons of it, 40. The revolutions in Europe occasioned by the inva- sion of, by Charles VIII. of France, 53. The state of, at the time of this invasion, ib. The rapid success of Charles, 53, 54. A combina- tion of the states of, drives Charles out of, and gives birth to the balance of power in Europe, 54. The political situation of, at the com- mencement of the sixteenth century, 59. The papacy, ib. Venice, 63. Florence, 64. Na- ples, ib. Milan, 66. Evidences of the desola- tion made there by the northern invaders of the Roman empire, 503. How the cities of, obtained their municipal privileges, 520. State of, under Frederic I., 521. Treaty of Con- stance between the free cities of, and the em- peror Frederic Barbarossa, 522.
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