At first glance, this argument might appear to hold water, especially when one considers the recent constitutional reforms enacted by Parliament to establish a clear separation of powers between the judicial and legislative branches, both of which used to be in the hands of the House of Lords until the Constitutional Reform Act 2005 created a separate Supreme Court (though former Law Lords still sit in the court today). On the other hand, the claimants contested this view not only by referring to the general principle of Parliamentary sovereignty (which ought, in their view, to be upheld in the face of such a momentous decision as leaving the Union), but also by underlining that the United Kingdom had formally joined the European Union in 1972 after an act was passed by Parliament to that effect (European Communities Act 1972). Nevertheless, Brexit’s intricacies have long outgrown this procedural question and have put several aspects of the British Constitution to the test, from the separation of powers to the representative function of MPs. Source(s): roundheads cavaliers royalists: https://biturl.im/tboPq. 22 August 1642 Charles declares war on Parliament by raising his standard in Nottingham. Circumcision - roundheads vs. cavaliers. Author: Created by benjaminobaker2. However, realising they have been tipped off and have gone, he laments, “I see the birds have flown.”. Pannick, D. “Why giving notice of withdrawal from the EU requires an act of Parliament”, The Times, 30 June 2016, https://www.thetimes.co.uk/article/c8985886-3df9-11e6-a28b-4ed6c4bdada3, last retrieved 17 November 2017. History; 11-14; View more . Review: Afternoon tea at 100 Queen’s Gate Hotel, Restaurant review: The Inn on Loch Lomond, Must see attractions from the Britain Guide, Portals to the past: The history of London’s blue plaques. Cavaliers-vs-Roundheads. However, power struggles between the Monarch and Parliament (and their respective supporters) carried on throughout the 17th century and led to the Civil War, when Roundheads advocated the authority of Parliament while the Cavaliers staunchly defended Charles I’s powers. More importantly, Theresa May is now left with the undesirable task of sorting out this constitutional conundrum whilst facing the same game of oppositions Cameron was himself facing. Slack, J., “Fury over High Court judges who defied Brexit voters and could trigger constitutional crisis”, Daily Mail, 3 November 2016, http://www.dailymail.co.uk/news/article-3903436/Enemies-people-Fury-touch-judges-defied-17-4m-Brexit-voters-trigger-constitutional-crisis.html, last retrieved 17 November 2017. Subject to any restrictions imposed by primary legislation, the general rule is that the power to make or unmake treaties is exercisable without legislative authority”. For the best answers, search on this site https://shorturl.im/56ghM. Natasha Foges However, realising they have been tipped off and have gone, he laments, “I see the birds have flown.”. What do you think of the answers? This legal case, in which the claimant largely relied on the “Roundhead” notion of Parliamentary sovereignty, gained much attention in the media as it was heard by the High Court in November 2016, and then allowed a “leapfrog” appeal to the Supreme Court, which upheld Miller’s claim on January 24th, 2017. As a result, even once the Supreme Court had ruled that the notification of withdrawal under Article 50 could only be triggered by a vote in Parliament, many MPs were left with an uncomfortable dilemma : were they to vote according to their party’s official beliefs or to the position they had individually assumed in the pre-referendum campaign ? 3 September 1658 Cromwell dies and his son, Richard, becomes Lord Protector. 22 November 1641 Proposed by John Pym, leader of the Long Parliament, a list of grievances against King Charles I known as the Grand Remonstrance is passed by Parliament. At the start of the war Charles had better horsemen. Over the past few months, a handful of journalists have taken to calling officials on either side of the Brexit divide “Roundheads” or “Cavaliers”.1 The former, as advocates of the constitutional principle of Parliamentary sovereignty, argue that only Parliament has the authority to steer the UK out of the EU, while the latter object that such a policy decision should fall under the government’s Crown prerogatives and require no assent from Parliament. Concurrently, Gina Miller, a businesswoman and campaigner, brought an action against the Secretary of State for Exiting the EU, staking her claim on the fact that the decision to invoke Article 50 had to fall under the purview of Parliamentary sovereignty rather than the Crown’s prerogative powers exercised by the government, which may be interpreted as a modern adaptation of the “Roundhead” stance of yore. Dennis Compton, Ted Dexter, Bobbie Moore and Freddie Truman(?) Can such a child ever grow up to be a man in full, asks Daisy Prince IT’S ALWAYS THE second glass of wine that does it. Theresa May then formally invoked Article 50 of the Treaty of Lisbon on March 29th, 2017, thus officially notifying the European Union of the UK’s intention to withdraw from the Union by March 2019. What are the differences? Monarchy was restored under Charles II and the constitutional crisis was seemingly settled by the Glorious Revolution, when newly-crowned King William III was presented with the Declaration of Rights, which was formally passed by Parliament as the Bill of Rights in 1689. “European Union (Notification of Withdrawal) Bill, Division 135, Hansard, 1 February 2017. https://hansard.parliament.uk/Commons/2017-02-01/division/43D8AC50-30D9-4CF0-8DCD-83439022CBB1/EuropeanUnion(NotificationOfWithdrawal)Bill ?outputType =Names, last retrieved 17 November 2017. If the Civil War-era metaphor is to be applied, then Theresa May and a large part of the Conservative government of the day adopt a stance similar to that of the Cavaliers of the 1640s in their belief that Parliamentary authority can be circumvented and transferred to an individual (whether in the hands of the Stuart-era monarch or of today’s Prime Minister). All in all, the use of this Civil War-era metaphor aptly describes the many divisions carved out by Brexit within the UK government, but also within the Conservative party itself. The cavaliers enjoyed having a person in control The first answer is so very wrong; it takes a ton of artifical lubricant to eliminate the friction with a circumcised penis. A constitutional challenge to the separation of powers ? 1 January 1651 Charles’s son, Charles II, is crowned King of Scotland at Scone Castle, Perth. The fact that the courts ruled against the government, and therefore the Crown, certainly does not help consider them as being on the “Cavalier” side of the argument. The Parliament of England was supported by the Roundheads. 19Beyond this wholesale takedown of the courts resides the staunch belief that the electorate’s will should be supreme. The case was given a preliminary hearing by the Queen’s Bench division of the High Court in July, and full hearings were held in October. King during the English Civil War. 3The referendum’s results and subsequent political turmoil have not particularly helped settle the public debate in favour of the “Leave” or “Remain” sides once and for all. May 1641 Sir Thomas Wentworth, Earl of Strafford and Lord Lieutenant of Ireland, one of Charles I’s allies, is executed for high treason for urging the king to use Irish forces to launch a military coup against Parliament. 17Furthermore, many criticisms levelled at the judges point to a supposed lack of respect for the separation of powers. 15 September 1643 Royalists agree a ceasefire with Irish Catholics. Cavaliers and Roundheads is a set of rules for English Civil War miniature wargaming.It was written by Gary Gygax and Jeff Perren and published by Tactical Studies Rules (later TSR, Inc.) in 1973.The unassuming booklet was the first product released by the company better known for … A Civil War re-enactment within the Conservative party ? A recent front page of the Telegraph even featured the portraits of fifteen Tory MPs who might vote against the final terms of the withdrawal in Parliament under a menacing headline worthy of a “wanted” poster in a Western movie : “The Brexit mutineers”.16 In other words, the situation remains the same in the Tory party in a constant state of unrest over the issue of Europe. 1 The former, as advocates of the constitutional principle of Parliamentary sovereignty, argue that only Parliament has the authority to steer the UK out of the EU, while the latter object that such a policy decision should fall under the government’s Crown … Finally, and perhaps above all, the “Roundhead v Cavaliers” metaphor may also be aptly applied to the divided state of the Conservative party. 5 Pannick, D., “Why giving notice of withdrawal from the EU requires an act of Parliament”, The Times, 30 June 2016. The debate below about circumcision has gotten fast and furious. AccueilNuméros21“Roundheads vs Cavaliers” : The B... Brexit has been one of the defining features of Theresa May’s premiership. 14 Greg Mulholland, “Statement on my position on the vote on Article 50”. The pikemen are normal humans with no special abilities. The court’s judgment, by a majority of eight to three, was delivered on January 24th, 2017 by Lord Neuberger. Judah, B., “Thatcher’s ghost lurks over Brexit campaign”, Politico, 21 June 2016, https://www.politico.eu/article/margaret-thatchers-ghost-haunts-brexit-campaign-eu-referendum-england/, last retrieved 17 November 2017. On the Conservative side, only one MP voted against the bill, but the lone dissenter in question was none other than Kenneth Clarke, former Lord Chancellor and Chancellor of the Exchequer.10, 20On the other hand, Jeremy Corbyn imposed a three-line whip on the Parliamentary Labour Party, whose official position was to vote in favour of triggering Article 50, at least initially, in acknowledgement of the national result of the referendum – quite certainly as a sop to pro-“Leave” working class voters in Labour’s heartlands in the Midlands and the North of England. First, until the referendum, the “Remain” campaign, led by the Prime Minister, held the view that defeat was quite unlikely, so no contingency plans seem to have been drawn up. • To know how soldiers fought in the Civil War and what they looked like. 6 [2017] UKSC 5, paras. 1642 Charles sends Henrietta to France to enlist Catholic support and also to try to raise funds by selling the Crown Jewels. disguised King Charles escapes from Oxford and surrenders himself to Scottish forces at Newark. 10The constitutional struggles that the country went through in the 17th century do bear a passing resemblance -- though in a thankfully much more peaceful fashion -- to the current climate of uncertainty regarding the respective constitutionally-sanctioned powers belonging to Parliament and those falling under the spectrum of the Crown Prerogative as exercised by the government. 8The British Constitution is indeed quite different in nature to that of the European Union or of many of its member states, in that it does not consist of one single document. 4 January 1642 Charles arrives at the Houses of Parliament to arrest Pym and four other rebels. As a result, no ‘official’ definition of the British Constitution exists, though it is largely accepted to consist of a handful of texts, most of which are relatively ancient documents implementing limits to the monarch’s authority and introducing human rights, for instance Magna Carta (1215), the Petition of Rights (1628), the Bill of Rights and the Coronation Oath (1689). These issues, along with some other factors, led to a fierce war that raged on English soil for years. 22 August 1642 Charles declares war on Parliament by raising his standard in Nottingham. Receive the latest news, practical advice, videos and competitions in a monthly email put together by the magazine’s editorial team. It is worth mentioning that David Cameron, like many Conservative leaders before him, had been under repeated pressure from the party’s Eurosceptic wing to either renegotiate, or at least reconsider, Britain’s membership in the European Union. By running such headlines, tabloids suggest that the people’s vote in the referendum is fully binding and unquestionable, thus strengthening their populist nature and trying to stir up a resentment of the judicial branch amongst their readership. The country is forced to choose between two camps: Royalists (known as Cavaliers) and Parliamentarians (known as Roundheads). The core of the decision acknowledges that the government cannot unilaterally trigger a policy amounting to a large-scale modification of statute law, especially concerning individual rights initially granted by primary legislation. Charles also aroused suspicion, particularly among Puritans, over his intentions regarding the Church following his marriage to a Roman Catholic, Henrietta Maria of France. 5 years ago. Ironically, the referendum on the UK’s membership in the EU, designed to rein in the Eurosceptic wing of the party under David Cameron, has failed to meet its goal and has left Theresa May facing similar -- or even increased -- challenges to her leadership. 1Throughout the campaign for the United Kingdom’s European Union membership referendum, most arguments relied on divergent views of the nature of the European Union : the “Remain” camp saw the EU as a blessing for the UK and a chance for further collaboration with the continent, while, on the other hand, “Brexiters” depicted the EU as an ever-growing “leviathan” with deep-reaching powers imposing an unnecessary drag on the UK’s finances. Over the past few months, a handful of journalists have taken to calling officials on either side of the Brexit divide “Roundheads” or “Cavaliers”. Report a problem. June 1642 Members of the House of Lords and House of Commons issue the Nineteen Propositions – the outline of a new constitution – in a bid to reach a settlement with Charles. But these contrasting views call into question more than the issue of Britain’s membership in the European Union. 21 November 2001 • 00:00 am . 7 [2017] UKSC 5, para. MEDIA PACK Theresa May’s premiership, however, is likely to be defined by more than a deeply entrenched opposition between left and right. Gene Expression By Razib Khan June 16, 2007 10:10 PM. Sign up for our email newsletter for the latest science news. Due to the relative vagueness of statute law in England and Wales, judges have been known for centuries to hold a large (and necessary) power of statutory interpretation. April-May 1640 The Bishops’ Wars between England and Scotland (the Scots are resisting Charles’s attempts to enforce episcopacy on them) forces Charles to recall Parliament, bringing to an end his Personal Rule. 16 December 1653 Oliver Cromwell declares himself Lord Protector. Rump Parliament . Despite Corbyn’s orders, a fifth of all Labour MPs (47 out of 229, including Heidi Alexander, former Shadow Secretary of State for Health, and Ben Bradshaw, former Secretary of State for Culture, Media and Sport) voted against the bill.11 However, a large majority of opposition MPs diligently followed the line imposed by their leader although they might have been prominent figures in the “Remain” campaign or despite the fact that their constituencies had voted in favour of remaining in the EU in the referendum. 5The clearest example of the constitutional nature of the issue was highlighted in a straightforward manner by the legal challenge brought to the courts by Gina Miller against the UK government,2 arguing that the decision to invoke Article 50 of the Treaty of Lisbon was part of Parliament’s, not the government’s, prerogatives. On February 1st, 2017, the EU Notification of Withdrawal Bill was passed quite comfortably in the House of Commons by a majority of 384, but a closer look at the voting tallies confirms the presence of divergent views not only on the question of Brexit but also on MPS’ role as representatives both of a political party and of a constituency. 26Due to its own ambiguous nature, Brexit has been a divisive concept. This criticism is not, however, particularly new. The goal of the Roundhead party was to give the Parliament supreme control over executive administration of the country/kingdom. Lv 4. 1 Nelson,N., “Tory Civil War looms as Eurosceptic Roundheads threaten David Cameron and his Cavaliers”, Daily Mirror, 13 February 2016; The Times, “Remaking Europe” (Editorial), 18 June 2016; Vander Weyer, M., “Am I a Remain roundhead or a Brexit cavalier?”, The Spectator, 18 June 2016; Judah, B., “Thatcher’s ghost lurks over Brexit campaign”, Politico, 21 June 2016. October 1641 An uprising by Catholics in Ireland, which results in the deaths of many English and Scottish Protestant settlers, exacerbates the sense of unease already bubbling away in the country. Secondly, the fact that the United Kingdom is the first member state to ever try to leave the European Union means that the government (and EU officials alike) understandably have no choice but to pave their own way. Therefore, any issue related to the UK’s membership in the European Union is to fall under the purview of constitutional law and entails a discussion about the flexible nature of the British Constitution. Cavaliers vs. Roundheads Charles I wanted to rule as an absolute monarch. In the absence of a consensus as to the binding nature of a referendum, MPs were left with a considerable amount of soul-searching but the House of Commons’ eventual vote on Article 50 gave way to a large majority in favour of formally triggering the withdrawal process, thus reflecting the referendum’s results. Created: Feb 16, 2020. pptx, 411 KB. 14 June 1645 Charles’s Royalist forces suffer a humiliating defeat by the New Model Army at the Battle of Naseby. Created: Jul 2, 2018 | Updated: Oct 4, 2019. However, Lamb and Mulholland stand for different approaches on whose views they should represent through their parliamentary votes : while the former comes from North Norfolk, where 58 % of the electorate voted to leave the EU, voters in Leeds North-West, Greg Mulholland’s constituency, had voted to remain in the Union, meaning that Mulholland’s vote reflected the popular vote nationwide rather than his own constituents’.15. In the summer of 2016, when the EU referendum’s results forced David Cameron out of Downing Street, Theresa May took over as PM with the task of seeing the United Kingdom through the withdrawal process. The Civil War did come to an end eventually, following a short-lived republican experiment under the Rump Parliament, and then Oliver Cromwell’s Commonwealth. On the one hand, the government argued that the question of withdrawing from the European Union was a matter of international relations and international law, both of which usually fall within the scope of the Crown’s prerogative powers as traditionally exercised by the government. Facts about Roundheads and Cavaliers talk the two sides of the English civil war. In his lashing editorial,9 editor James Slack (who has, since then, been appointed as Theresa May’s personal spokesperson) further lambasted the three judges for being “out of touch” with the pro-Brexit people, and for “declaring war on democracy”. Does circumcising a baby boy nip his career prospects in the bud? Categories & Ages. 1625 King Charles I succeeds his father King James I to the throne. Consequently, despite the Supreme Court’s ruling, the ongoing debate between the modern-day Roundheads and Cavaliers carried on, with each branch of the UK government under scrutiny for the sake of constitutional stability. In other words, according to this “Roundhead” approach, only Parliament can undo what Parliament has done. The latter one was the son of King Charles I. Known as the Long Parliament, it lasts until 1660, largely because it passes an act forbidding its dissolution without members’ consent. Puritans bore us, it’s really a crime When your parliamentary business cuts our partying time. Since 1649 history has swapped sides over the heroes and villains of the Civil War. EDITORIAL He had a Roman Catholic wife, Henrietta de Maria of France. The Constitution’s flexibility can also lead to uncertainty in the face of a situation such as Brexit, which requires the invention of new Constitutional rules and procedures. While many broadsheets praised the courts’ careful appraisal of each side’s arguments and underlined the way their rulings protected democracy and the separation of powers, several pro-Brexit tabloids unsurprisingly took outrage with what was perceived not only as a measure which would delay the UK’s withdrawal from the EU, but also as a serious overstepping of the judge’s powers. 9 Slack, J. £11.00. The war began as a result of a conflict over the power of the monarchy and the rights of Parliament. 9The concept of Parliamentary sovereignty lies at the heart of the way the British Constitution developed from the introduction of limits to the Monarch’s authority (from the Magna Carta onwards) to the transfer of the latter to Parliament, as enshrined by the Bill of Rights at the time of the Glorious Revolution. Référence de lien hypertexte non valide. Sign in. As all three branches of the government (legislative, executive, and judicial, with the High Court and Supreme Court weighing in on the issue) became involved, the respective powers of each branch were consequently thrown into the spotlight and are still today the crux of many debates, from the representative function of MPs to the role of judges considering the challenge Brexit is causing to the structure of legal sources in the UK. The lack of consensus around its very definition has led to dissent being expressed within most mainstream political parties, echoing the way it has also divided the nation beyond traditional partisan lines. 17 Nelson, N., “Tory Civil War looms as Eurosceptic Roundheads threaten David Cameron and his Cavaliers”, Daily Mirror, 13 February 2016. The Times, “Remaking Europe” (Editorial), 18 June 2016, https://www.thetimes.co.uk/edition/comment/remaking-europe-h7lcgs8bw, last retrieved 17 November 2017. 2 On August 22, 1642 King Charles I Declared War on Parliament 3 His followers were referred to as Cavaliers or Royalists. Hansard. Swinford, S., “The Brexit Mutineers : At least 15 Tory MPs rebel against leave date with threat to join forces with Labour”, The Daily Telegraph, 14 November 2017, http://www.telegraph.co.uk/news/2017/11/14/nearly-20-tory-mps-threaten-rebel-against-brexit-date-brutal/, last retrieved 17 November 2017. Soon after ascending to the English throne, King Charles I became embroiled in a series of arguments with Parliament over his insistence of raising taxes without its authorisation. Even prior to 1689, the Case of Proclamations3 (1610) had established that the Monarch could only legislate through Parliament. Later known as the ‘Short Parliament’, it is dissolved after just three weeks. September 1640 Following the disaster of the Short Parliament, Charles is forced to recall Parliament for a second time as only it has the power to raise funds for the ongoing Bishops’ Wars. While parts of the ruling initially acknowledged that, generally, the power to join (or withdraw from) international treaties falls within the purview of the Crown’s Prerogative powers devolved to ministers,6 the government cannot exercise that power where that might mean changing domestic laws passed by Parliament,7 hereby upholding the reasoning of the High Court. Guillaume Clément, « “Roundheads vs Cavaliers” : The British Constitution and Parliamentary sovereignty in the face of Brexit », Observatoire de la société britannique [En ligne], 21 | 2018, mis en ligne le 01 novembre 2018, consulté le 18 janvier 2021. 6The referendum and subsequent debates surrounding the validity of the “Brexit” process have led to a growing divide in the way complex legal, political questions are envisaged by modern-day “Roundheads” and “Cavaliers”. This list could be expanded to include the Acts of Union (1707 and 1800), which created the United Kingdom as a country composed of different nations, and various other statutes which had an impact on the monarchy (Act of Settlement 1701, or even the Succession to the Crown Act 2013), on the separation of powers in the United Kingdom (Government of Scotland Act 1998, Constitutional Reform Act 2005) or on the people’s rights (Representation of the People Act 1832, Human Rights Act 2000). February 1645 The New Model Army is established with Oliver Cromwell second in command to Sir Thomas Fairfax. Preview. A name first used by Roundheads as a term of abuse for the wealthier male Royalist supporters of King Charles I and his son Charles II of England during the English Civil War, the Interregnum, and the Restoration (1642–c. There’s the old Roundhead versus Cavalier fight. Learn Cavaliers and Roundheads with free interactive flashcards. However, the debate surrounding the legal challenge helped bring into focus several constitutional issues linked, among others, to the separation of powers. 21All in all, the highly polarising nature of the debate surrounding Brexit and the constitutional uncertainties highlighted by the legal challenges pertaining to the Article 50 procedure led members of Parliament to call into question their own function and to express different conceptions of their loyalties, more precisely whether the latter should lie with their constituents, the national popular vote as expressed in the referendum, or with their parties’ voting instructions. One of the earliest articles using the “Roundheads versus Cavaliers” metaphor to describe the current state of the Tory party indeed pre-dates the EU referendum,17 and likens then-Prime Minister David Cameron to Charles I, supported by his Cavaliers, opposed to the Eurosceptic Roundheads led by Iain Duncan Smith in the role of Oliver Cromwell. URL : http://journals.openedition.org/osb/2090 ; DOI : https://doi.org/10.4000/osb.2090, Maître de Conférences en Civilisation britannique à l'Université de Rennes 1, Voir la notice dans le catalogue OpenEdition, Plan du site – Contact et commandes – Crédits – Flux de syndication, Nous adhérons à OpenEdition Journals – Édité avec Lodel – Accès réservé, Vous allez être redirigé vers OpenEdition Search, “Roundheads vs Cavaliers” : The British Constitution and Parliamentary sovereignty in the face of Brexit, La société civile mobilisée aux 20ème et 21ème siècles. Thirdly, the peculiar nature of the British Constitution may constitute a further obstacle to obtaining clear answers as far as administrative, political procedures are concerned. Sign up for the Newsletter Sign Up. Roundheads vs Cavaliers. Information. 1629 After Parliament objects to his collection of ‘tonnage and poundage’ taxes, Charles takes the drastic decision to dissolve Parliament, claiming he is accountable only to God. 1 December 1641 The Grand Remonstrance is presented to Charles by Parliament. 4 Lord Hailsham, The David Dimbleby Lecture, BBC, 14 October 1976. 15Nevertheless, the Supreme Court’s ruling reads less as a wholesale endorsement of the principle of Parliamentary sovereignty than as a careful appraisal of the specific status of European law and domestic statutes derived therefrom, and of the role of the British Parliament regarding the sources of law of the United Kingdom. Newsletter. 31 January 2017. On the other hand, the Roundheads of today, in the opposition and in campaigners like Gina Miller, argue that centuries of history and constitutional developments mean that only Parliament should have the authority to implement the terms of the referendum and trigger withdrawal negotiations with the EU. 1679). All three newspapers accused the High Court of creating a constitutional crisis, although the latter was brought about long before the judges’ decision due to the unprecedented nature of the withdrawal process. Mulholland, G., “Statement on my position on the vote on Article 50”, Gregmulholland.org, 31 January 2016, https://gregmulholland.org/en/article/2017/1199233/statement-on-my-position-on-the-vote-on-article-50-the-eu-withdrawal-bill, last retrieved 17 November 2017. For instance, Diane Abbott and Chuka Umunna, MPs for two London constituencies, voted in favour of the bill12 whereas their constituency recorded some of the highest percentages of “Remain” ballots in the referendum in 2016 (both 79 %).13 Conversely, two Liberal Democrat MPs, Norman Lamb and Greg Mulholland, voted in favour of invoking Article 50 out of respect for their democratic role14 even though leader Tim Farron had made the opposition to Brexit the core of his party’s ideology. The country is forced to choose between two camps: Royalists (known as Cavaliers) and Parliamentarians (known as Roundheads). The Electoral Commission , 2016. John Prescott’s voice may have been an isolated, though quite high-profile, case of dissent expressed during the Parliamentary vote on Article 50, but the Conservative party remains, to this day, split into factions, many of which originate in divergent views on Britain’s relationship with the EU. 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