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 prepared; consequently the meeting was easily dispersed after the sacking of a few gunsmiths' shops. The cabinet was, however, so impressed by the dangers of the situation that the suspension of the habeas corpus bill was moved in the lords on 24 Feb. 1817, and the same day a bill for the prevention of seditious meetings was brought forward in the commons. Warrants had already been taken out against Thistlewood and the younger James Watson on the charge of high treason on 10 Feb. 1817, and a substantial reward offered for their apprehension. Both went into hiding, and, although the government appears soon to have been informed of their movements, it was not thought fit to effect Thistlewood's capture until May, when he was apprehended with his (second) wife, Susan, daughter of J. Wilkinson, a well-to-do butcher of Horncastle, and an illegitimate son Julian, on board a ship on the Thames on which he had taken his passage for America. The younger Watson succeeded in sailing for America at an earlier date. Thistlewood and the elder Watson were imprisoned in the Tower. It was arranged that the prisoners charged with high treason should be tried separately. Watson was acquitted, and in the case against Thistlewood and others, on 17 June 1817, a verdict of not guilty was found by the direction of the judge on the determination of the attorney-general to call no evidence. This narrow escape had little effect on Thistlewood; the weekly meetings of the Spenceans were immediately renewed, and the violence of his language increased. A rising in Smithfield was projected for 6 Sept., the night of St. Bartholomew's fair; the bank was to be blown open, the post-office attacked, and artillery seized. This and a similar design for 12 Oct. were abandoned owing to the careful preparation of the authorities, in whose possession were minute accounts of every action of Thistlewood and his fellow-committeemen.

The want of success attending these revolutionary attempts seems to have driven Thistlewood towards the end of October 1817 to active opposition to Henry Hunt [q. v.] and the constitutional reformers, and to considerable differences with the Watsons and other old associates, who, though ready to benefit by violent action, were not prepared to undertake the responsibility of assassination. About this period he appears for the first time to have considered plans for the murder of the Prince of Wales and privy council at a cabinet or public dinner, if sufficient numbers for ‘a more noble and general enterprise’ could not be raised (Home Office Papers, R. O.). Though naturally opposed to all ministers in authority, Thistlewood entertained a particular dislike to the home secretary, Lord Sidmouth, to whom he wrote about this period a number of letters demanding in violent language the return of property taken from him on his arrest on board ship. Failing to secure either his property or the compensation in money (180l.) which he demanded, he published the correspondence between Lord Sidmouth and himself (London, 1817, 8vo), and sent a challenge to the minister. The result was his arrest on a charge of threatened breach of the peace. At his trial on this charge on 14 May 1818 he at first pleaded guilty but withdrew his plea, and was found guilty and sentenced to twelve months' imprisonment, and at the expiration of the term to find two sureties for 150l. and himself for 300l., failing which to remain in custody. A new trial was moved for on 28 May, but refused. Thistlewood was confined in Horsham gaol. His sentence and treatment appear to have been exceptionally severe. On 29 June he applied to the home secretary for improved sleeping accommodation, and described his cell as only 9 feet by 7 feet, while two and sometimes three men slept in the one bed. During his period of imprisonment his animosity towards Hunt appears to have increased, though Hunt wrote to him in friendly fashion of his attempts ‘to overturn the horrid power of the Rump.’

The full term of Thistlewood's imprisonment expired on 28 May 1819, and after a little difficulty the sureties requisite for his liberation were secured. Directly after his release he commenced attending the weekly meetings of his old society at his friend Preston's lodgings; a secret directory of thirteen were sworn, and more violent counsels immediately prevailed. In July 1819 the state of the country, especially in the north, was critical; the lord lieutenants were ordered back to their counties, and the authorities in London were in a constant state of preparation against meetings which it was feared would develop into riots. For a short time Thistlewood worked once again in apparent harmony with the parliamentary reformers, spoke on the same platform with Hunt, 21 July, and as late as 5 Sept. organised the public reception of the same orator on his entry into London; but the new union society was formed, 1 Aug., with the intention of taking the country correspondence out of the hands of Thistlewood and Preston, whose violence caused alarm to their friends. Thistlewood and Watson organised public meetings at Kennington on 21 Aug. and


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 Rh Are born and reach their prime and slowly fail,

And all their little lives are self-fulfilled;

They die and are no more, content with age

And weary with infirmity. But Man

Has fear and hope and phantasy and awe,

And wistful yearnings and unsated loves,

That strain beyond the limits of his life,

And therefore Gods and Demons, Heaven and Hell:

This Man, the admirable, the pitiable.

Lo, I look backward some few thousand years,

And see men hewing temples in my rocks

With seated forms gigantic fronting them,

And solemn labyrinthine catacombs

With tombs all pictured with fair scenes of life

And scenes and symbols of mysterious death;

And planting avenues of sphinxes forth,

Sphinxes couched calm, whose passionless regard

Sets timeless riddles to bewildered time,

Forth from my sacred banks to other fanes

Islanded in the boundless sea of air,

Upon whose walls and colonnades are carved

Tremendous hieroglyphs of secret things;

I see embalming of the bodies dead

And judging of the disembodied souls;

I see the sacred animals alive,

And statues of the various-headed gods,

Among them throned a woman and a babe,

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 Smithfield on 30 Oct. which passed off without disturbance, although attended by men in arms. Thistlewood designed simultaneous public meetings in the disaffected parts of the country for 1 Nov., but this course was not approved by either Hunt or [q. v.], from whom he appears now to have finally separated. The reformers were at this period so nervous about traitors in their midst that even Thistlewood was denounced as a spy (Nottingham meeting, 29 Oct.) Despite, however, increased caution and endeavours to secure secrecy, the government was in receipt of almost daily accounts of the doings of the secret directory of thirteen. In November Thistlewood and his friends grew hopeless as to their chances of successfully setting the revolution on foot in London. They now looked to the north for a commencement. Thistlewood was invited to Manchester at the beginning of December, but lack of funds prevented him from going. No effective support seemed coming from Lancashire; Thistlewood regarded a ‘straightforward revolution’ as hopeless, and concentrated his efforts on his old plan of assassination. One informer not in the secret wrote on 1 Dec.: ‘There is great mystery in Thistlewood's conduct; he seems anxious to disguise his real intentions, and declaims against the more violent members of the party, but is continually with them in private.’ His exact intentions were being reported to the home office by George Edwards, who was one of the secret committee of thirteen, and especially in Thistlewood's confidence. At first an attack on the Houses of Parliament was meditated, but, the number of conspirators being considered insufficient for the purpose, assassination at a cabinet dinner was preferred. A special executive committee of five, of whom Edwards was one, was appointed on 13 Dec.; and the government permitted the plot to mature. From 20 Dec. 1819 to 22 Feb. 1820 Thistlewood appears to have been waiting anxiously for an opportunity; his aim was to assassinate the ministers at dinner, attack Coutts's or Child's bank, set fire to public buildings, and seize the Tower and Mansion House, where a provisional government was to be set up with the cobbler Ings as secretary. About the end of January 1820, wearied with waiting, he took the management of the plot entirely into his own hands, Edwards alone being in his confidence. A proclamation was prepared and drawn up with the assistance of Dr. Watson, who at this time was, fortunately for himself, in prison. In it the appointment of a provisional government and the calling together of a convention of representatives were announced. The death of the king, George III, on 29 Jan. was regarded as especially favourable to the plot, and the announcement of a cabinet dinner at Lord Harrowby's house in Grosvenor Square in the new ‘Times’ of 22 Feb., to which Thistlewood's attention was called by Edwards, found Thistlewood ready to put his scheme into execution. The meeting-place which the conspirators had hitherto attended about twice a day had been at 4 Fox's Court, Gray's Inn Lane, but as a final rendezvous and centre to which arms, bombs, and hand grenades should be brought, a loft over a stable in Cato Street was taken on 21 Feb. Hither they repaired (about twenty-five in number) on the evening of 23 Feb., and, warrants having been issued the same day, the greater number of them were apprehended about 8.30 P.M. They were found in the act of arming preparatory to their start for Lord Harrowby's house. Shots were fired. Thistlewood killed police-officer Smithers with a sword, and escaped immediate capture in the darkness and general confusion. Anonymous information was, however, given as to his whereabouts, and he was taken the next day at 8 White Street, Moorfields. He was again imprisoned in the Tower, and was the first of the gang to be tried before (afterwards first lord Tenterden) [q. v.] and Sir [q. v.] and two other judges on the charge of high treason. After three days' trial, 17, 18, and 19 April, during which Edwards was not called as evidence, Thistlewood was found guilty and sentenced to a traitor's death. He was hanged, with four other conspirators, in front of the debtor's door, Newgate, on 1 May 1820. The criminals were publicly decapitated after death, but the quartering of their bodies was not proceeded with. Thistlewood died defiantly, showing the same spirit that he exhibited at the end of his trial when he declaimed ‘Albion is still in the chains of slavery. I quit it without regret. My only sorrow is that the soil should be a theatre for slaves, for cowards, for despots.’

In appearance Thistlewood was about 5 ft. 10 in. high, of sallow complexion and long visage, dark hair and dark hazel eyes with arched eyebrows; he was of slender build, with the appearance of a military man. A lithographed portrait of him is prefixed to the report of the ‘Cato Street Conspiracy,’ published by J. Fairburn, Ludgate Hill, 1820.

[State Trials; Times, 2 May 1820; Annual Reg.; European Rev.; Gent. Mag.; Pellew's


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 Life of Lord Sidmouth; Hansard's Parl. Debates, May 1820; Home Office Papers, 1816–1820, at the Record Office.]

THOM, ALEXANDER (1801–1879), founder of ‘Thom's Almanac,’ was born in 1801 at Findhorn in Moray.

His father, (1770–1824), miscellaneous writer, was born in 1770 at Bervie, Kincardineshire, and afterwards removed to Aberdeen, where he established himself as a bookseller. In 1813 he proceeded to Dublin as editor of the ‘Dublin Journal.’ He died in that city on 16 June 1824. He was the author of a ‘History of Aberdeen’ (Aberdeen, 1811, 12mo) and of a treatise on ‘Pedestrianism’ (Aberdeen, 1813, 8vo). He also contributed to Brewster's ‘Encyclopædia,’ to Sinclair's ‘Statistical Account of Scotland,’ and to Mason's ‘Statistical Account of Ireland.’

His son Alexander was educated at the High School, Edinburgh, and came to Dublin as a lad of twenty to assist his father in the management of the ‘Dublin Journal.’ In this capacity he learned the business of printing, and on his father's death he obtained, through the influence of Sir Robert Peel, the contract for printing for the post office in Ireland. In 1838 he obtained the contract for the printing for all royal commissions in Ireland, and in 1876 was appointed to the post of queen's printer for Ireland. In 1844 Thom founded the work by which he has since been known, the ‘Irish Almanac and Official Directory,’ which in a short time superseded all other publications of the kind in the Irish capital. Its superiority to its predecessors was due to the incorporation for the first time in a directory of a mass of valuable and skilfully arranged statistics relating to Ireland, and the ‘Almanac’ has ever since maintained its position as by far the best periodical of its kind in Ireland. Thom continued personally to supervise its publication for thirty-seven years, and until within a few months of his death. In 1860 he published at his own expense for gratuitous distribution ‘A Collection of Tracts and Treatises illustrative of the Natural History, Antiquities, and the Political and Social State of Ireland,’ two volumes which contain reprints of the works of Ware, Spenser, Davis, Petty, Berkeley, and other writers on Irish affairs in the seventeenth and eighteenth centuries.

Thom, who was twice married, died at his residence, Donnycarney House, near Dublin, on 22 Dec. 1879.

THOM, JAMES (1802–1850), sculptor, ‘son of James Thom and Margaret Morison in Skeoch, was born 17th and baptised 19th April 1802’ (Tarbolton Parish Register). His birthplace was about a mile from Lochlee, where Robert Burns lived for some time, and his relatives were engaged in agricultural pursuits. While Thom was still very young his family removed to Meadowbank in the adjoining parish of Stair, where he attended a small school. With his younger brother Robert (1805–1895) he was apprenticed to Howie & Brown, builders, Kilmarnock, and, although he took little interest in the more ordinary part of his craft, he was fond of ornamental carving, in which he excelled. While engaged upon a monument in Crosbie churchyard, near Monkton, in 1827, he attracted the attention of David Auld, a hairdresser in Ayr, who was known locally as ‘Barber Auld.’ Encouraged by Auld, he carved a bust of Burns from a portrait—a copy of the Nasymth—which hung in the Monument at Alloway. It confirmed Auld's opinion of Thom's ability, and induced him to advise the sculptor to attempt something more ambitious. Statues of Tam o'Shanter and Souter Johnnie were decided upon, and Thom, who meanwhile resided with Auld, set to work on the life-size figures, which were hewn direct from the stone without even a preliminary sketch. William Brown, tenant of Trabboch Mill, served as model for Tam; but no one could be induced to sit for the Souter, whose face and figure were surreptitiously studied from two cobblers in the neighbourhood of Ayr.

The statues were secured for the Burns monument at Alloway, and when completed were sent on tour by Auld. The profits, which were equally divided among the sculptor, Auld, and the trustees of the monument, amounted to nearly 2,000l. They reached London in April 1829, and at once attracted great notice, the critics hailing them as inaugurating a new era in sculpture. Replicas to the number of sixteen, it is said, were ordered by private patrons, and reproductions on a smaller scale, but also in stone, were carried out by Thom and his brother. James Thom also produced statues of the landlord and landlady of the poem, which were grouped with the others, and several pieces of a similar class, such as ‘Old Mortality’ and his pony, which was conceived in 1830 while reading the novel


text: Dictionary of National Biography, 1885-1900/Thistlewood, Arthur


text: The New International Encyclopædia/Ratzel, Friedrich


text: 1911 Encyclopædia Britannica/Potthast, August


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Brittany and collect news of the armada. He rejoined Drake as the armada advanced, and fought with distinction in the action off the Isle of Wight and in the battle of Gravelines. For his conduct on the latter occasion Mendoza reported that Elizabeth had knighted him (Cal. Simancas MSS. 1587-1603, p. 392), but he does not occur in Metcalfe's 'Book of Knights' and is not so styled subsequently.

In 1589 Fenner was again commanding the Dreadnought, and as vice-admiral went with Drake and Norris's expedition to Coruna, an account of which he gave in a letter to Burghley (State Papers, Dom. Eliz. ccxxiv. 13). He had returned to Plymouth Sound by 14 July, and from there he wrote to Walsingham saying that he proposed to employ the remainder of his fortune in a 'journey' to the Indies. This is the last mention of his name, and if the 'journey' ever took place he probably perished in it.

[Cal. State Papers, Dom. 1547-90; Cal. Simancas Papers, 1587-1603; Acts of the Privy Council, ed. Dasent; Hakluyt's Principall Navigations; Laughton's Defeat of the Spanish Armada and Corbett's Spanish War of 1586-7 (Navy Records Soc.); Corbett's Drake and the Tudor Navy, passim.]  FERGUSON, RICHARD SAUL (1837–1900), antiquary, born on 28 July 1837, was the elder son of Joseph Ferguson (1794–1880) of Carlisle, by his wife Margaret (d. 2 Nov. 1841), daughter of Silas Saul of Carlisle. The family settled in Carlisle about 1700, and founded the cotton industry in the city. He was educated at Carlisle grammar school, entered Shrewsbury school in 1853, and was admitted at St. John's College, Cambridge, as a scholar on 14 March 1856. He graduated B.A. in 1860, M.A. in 1863, and LL.M. in 1874. He was admitted a student of Lincoln's Inn on 11 Oct. 1858, and was called to the bar on 13 June 1862, when he commenced practice as an equity draughtsman and conveyancer, and joined the northern circuit. He was examiner of civil law for Cambridge University in 1868-9. His first, literary production was a series of articles upon 'EarlyCumberland and Westmorland Friends' in the 'Carlisle Journal,' a number of biographical sketches of leading quakers in the two counties. They were republished in book form in 1871 (London, 8vo), and were followed in the same year by 'Cumberland and Westmorland M.P.'s from the Restoration to the Reform Bill of 1867' (London, 8vo), a book containing a full political history of the counties. From January 1871 to June 1872 he travelled in Egypt, Australia, and America for the sake of his health, and on his return gave the public an account of his experiences in a series of letters in the 'Carlisle Patriot,' which were reprinted, with the addition of 'Leaves from a Theban Guide Book,' as 'Moss gathered by a Rolling Stone' (Carlisle, 1873, 8vo).

After his return he settled at Carlisle, and devoted himself to the study of local antiquities. He was fortunate in the companionship of several men of like tastes, including Michael Waistell Taylor [q. v.], Robert Harkness [q. v.], and Sir George Floyd Duckett. Already in 1866 he had assisted to found the Cumberland and Westmorland Archæological and Antiquarian Society, and from 1868 he edited the society's 'Transactions.' Under his guidance nearly the whole of Cumberland and Westmoreland were explored, and record made of castles, churches, houses, manuscripts, and old customs. On the death of Canon Simpson in 1886 Ferguson succeeded him as president of the society. His own especial period was that of the Roman occupation of Cumberland. Under his care the collection of Roman antiquities at the city museum at Tullie House became extensive and valuable.

Ferguson was made a magistrate of the county of Cumberland in 1872, and a member of the Carlisle city bench in 1881. In 1886 he was elected chairman of quarter sessions. He was elected a member of the Carlisle city council in 1878, and took advantage of his position to gain access to the ancient muniments of the city, many of which he published. In 1881-2 he was chosen mayor and was re-elected in the following year. He was a strong supporter of the city privileges, and when county councils were instituted in January 1889 and he was elected a member for Carlisle, he lost no opportunity of urging the rights of the city. He was one of the earliest promoters of the project by which Tullie House was appropriated for the use of the city and furnished with a museum, a public library, a school of science and art, and art galleries. Under his influence William Jackson was induced to bequeath to the city the Jackson library, a valuable collection of local literature. In recognition of his services the corporation conferred upon him the honorary freedom of the city in 1896.

In 1887 the bishop of Carlisle, Harvey Goodwin [q. v. Suppl.], appointed Ferguson chancellor of the diocese, an office which had not hitherto been held by a layman. Ferguson was elected a fellow of the Society of Antiquaries on 1 March 1877, member of the


text: The New International Encyclopædia/Rau, Karl Heinrich


text: The New International Encyclopædia/Rauch, Christian Daniel


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 Warwick for a pass, only communicating his real design to certain royalists in whom he had perfect confidence. While waiting the result of his application, he was surprised by a message from Oliver Cromwell of his intention to call on him at his lodgings. Cromwell at once informed him that the council were completely cognisant of the real character of his designs, and that but for his interposition he would already have been 'clapped up in the Tower' (, Memoirs of the Earl of Orrery, p. 11). Broghill thanked Cromwell warmly for his kindness, and asked his advice as to what he should do, whereupon Cromwell offered him a general's command in the war against the Irish. No oaths or obligations were to be laid on him except a promise on his word of honour faithfully to assist to the best of his power in subduing Ireland. Broghill, according to his biographer, asked for time to consider 'this large offer,' but Cromwell brusquely answered that he must decide on the instant; and, finding that 'no subterfuges could any longer be made use of,' he gave his consent.

The extraordinary bargain is a striking proof both of Cromwell's knowledge of men and of his consciousness of the immense difficulty of the task he had in hand in Ireland. The trust placed by him in Broghill's steadfastness and abilities was fully justified by the result. By whatever motives he may have been actuated, there can be no doubt that Broghill strained every nerve to make the cause of the parliament in Ireland triumphant. Indeed but for his assistance Cromwell's enterprise might have been attended with almost fatal disasters. With the commission of master of ordnance, Broghill immediately proceeded to Bristol, where he embarked for Ireland. Such was his influence in Munster that he soon found himself at the head of a troop of horse manned by gentlemen of property, and 1,500 well-appointed infantry, many of whom had deserted from Lord Inchiquin. After joining Cromwell at Wexford, he was left by him' at Mallow, with about six or seven hundred horse and four or five hundred foot,' to protect the interests of the parliament in Munster, and distinguished himself by the capture of two strong garrisons (, Cromwell, Letter cxix.) This vigorous procedure greatly contributed to drive the enemy into Kilkenny, where they shortly afterwards surrendered. Cromwell then proceeded to Clonmel, and Broghill was ordered to attack a body of Irish under the titular bishop of Ross, who were marching to its relief. This force he met at Macroom 10 May 1650, and totally defeated, taking the bishop prisoner. While preparing to pursue the defeated enemy he received a message from Cromwell, whose troops had been decimated by sickness and the sallies of the enemy, to join him with the utmost haste; and on his arrival Clonmel was taken after a desperate struggle. Cromwell, whose presence in Scotland had been for some time urgently required, now left the task of completing the subjugation of Ireland in the hands of Ireton, whom Broghill joined at the siege of Limerick. News having reached the besiegers that preparations were being made for its relief, Broghill was sent with a strong detachment to disperse any bodies of troops that might be gathering for this purpose. By a rapid march he intercepted a strong force under Lord Muskerry, advancing to join the army raised by the pope's nuncio, and so completely routed them that all attempts to relieve Limerick were abandoned.

On the conclusion of the war Broghill remained in Munster to keep the province in subjection, with Youghal for his headquarters (, 19). While the war was proceeding he had been put in possession of as much of Lord Muskerry's estates as amounted to 1,000l. a year, until the country in which his estate was situated was freed from the enemy (Cal. State Papers, Dom. 1649-50, p. 473), and at its close Blarney Castle, with lands adjoining it to the annual value of 1,000l., was bestowed upon him, the bill after long delay in parliament receiving the assent of Cromwell in 1657 (Commons' Journal). Ireton, who had been so suspicious of Broghill's intentions as to advise that he should 'be cut off,' died from exposure at Limerick, and Cromwell, who throughout the war had relied implicitly on Broghill's good faith, gradually received him into his special confidence. Broghill, on his part, realising that the royal cause was for the time hopeless, devoted all his energies to make the rule of Cromwell a success. Actuated at first by motives of self-interest, he latterly conceived for Cromwell strong admiration and esteem. In Cromwell's parliament which met in 1654 he sat as member for Cork, and on the list of the parliament of 1656 his name appears as member both for Cork and Edinburgh. His representation of the latter city is accounted for by the fact that this year he was sent as lord president of the council to Scotland. That he remained in Scotland only one year was due not to any failure to satisfy either the Scots or Cromwell, but simply to the condition he made on accepting office, that he should not be required to hold it for more than a year. According to Robert Baillie he 'gained more on the affections of the people than all the English that ever were


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 among us' (Journals, iii. 315). After his return to England he formed one of a special council whom the Protector was in the habit of consulting on matters of prime importance (, Memorials, 656). He was also a member of the House of Lords, nominated by Cromwell in December 1657 (Parl. Hist. iii. 1518). It was chiefly at his instance that the parliament resolved to recommend Cromwell to adopt the title of king (, Memoirs, 247), and he was one of the committee appointed to discuss the matter with Cromwell (Monarchy asserted to be the best, most ancient, and legall form of government, in a conference held at Whitehall with Oliver Lord Cromwell and a Committee of Parliament, 1660, reprinted in the State Letters of the Earl of Orrery, 1742). Probably it was after the failure of this negotiation that he brought before Cromwell the remarkable proposal for a marriage between Cromwell's daughter Frances and Charles II (, Memoirs of the Earl of Orrery, 21). After the death of Oliver he did his utmost to consolidate the government of his son Richard, who consulted him in his chief difficulties, but failed to profit sufficiently by his advice. Convinced at last that the cause of Richard was hopeless, he passed over to Ireland, and obtaining from the commissioners the command in Munster, he, along with Sir Charles Coote, president of Connaught, secured Ireland for the king. His letter inviting Charles to land at Cork actually reached him before the first communication of Monk, but the steps taken by Monk in England rendered the landing of Charles in Ireland unnecessary. In the Convention parliament Broghill sat as member for Arundel, and; on 5 Sept. 1660 he was created Earl of Orrery. About the close of the year he was appointed one of the lord justices of Ireland, and it was he who drew up the act of settlement for that kingdom. On the retirement of Lord Clarendon, the lord high chancellor, he was offered the great seals, but, from considerations of health, declined them. He continued for the most part to reside in Ireland in discharge of his duties as lord president of Munster, and in this capacity was successful in defeating the attempt of the Duke of Beaufort, admiral of France, to land at Kinsale. The presidency of Munster he, however, resigned in 1668 on account of disagreements with the Duke of Ormonde, lord-lieutenant. Shortly afterwards he was on 25 Nov. impeached in the House of Commons for 'raising of moneys by his own authority upon his majesty's subjects; defrauding the king's subjects of their estates,' but the king by commission on 11 Dec. suddenly put a stop to the proceedings by proroguing both houses to 14 Feb. (Impeachment of the Earl of Orrery, Parl. Hist. iv. 434-40), and no further attempt was made against him. He died from an attack of gout 16 Oct. 1679. He was buried at Youghal. He left two sons and five daughters.

The Earl of Orrery was the reputed author of an anonymous pamphlet 'Irish Colours displayed, in a reply of an English Protestant to a letter of an Irish Roman Catholic,' 1662. The 'Irish Roman Catholic' was Father Peter Welsh, who replied to it by 'Irish Colours folded.' Both were addressed to the Duke of Ormonde. That Orrery was the author of the pamphlet is not impossible, but the statement is unsupported by proof. It is probable, therefore, that it has been confounded with another reply to the same letter professedly written by him and entitled 'An Answer to a scandalous letter lately printed and subscribed by Peter Welsh, Procurator to the Sec. and Reg. Popish Priests of Ireland.' This pamphlet has for sub-title 'A full Discovery of the Treachery of the Irish rebels and the beginning of the rebellion there. Necessary to be considered by all adventurers and other persons estated in that kingdom.' Both the letter of Welsh and this reply to it have been reprinted in the 'State Letters of Roger Boyle, Earl of Orrery,' 1742. In 1654 he published in six volumes the first part of a romance, 'Parthenissa,' a complete edition of which appeared in three volumes in 1665 and in 1677. The writer of the notice of Orrery in the 'Biographia Britannica' attributes the neglect of the romance to its remaining unfinished, but finished it certainly was, and if it had not been, its tediousness would not have been relieved by adding to its length. More substantial merit attaches to his 'Treatise of the Art of War,' 1677, dedicated to the king. He claims for it the distinction of being the first 'Entire Treatise on the Art of War written in our language,' and the quality of comprehensiveness cannot be denied to it, treating as it does of the 'choice and educating of the soldiery; the arming of the soldiery; the disciplining of the soldiery; the ordering of the garrisons; the marching of an army; the camping of an army within a line or intrenchment; and battles.' The treatise is of undoubted interest as indicating the condition of the art at the close of the Cromwellian wars, and, like his political pamphlet, is written in a terse and effective style.

Not content to excel as a statesman and a general, Orrery devoted some of his leisure to the cultivation of poetry; but if Dryden is to be believed, the hours he chose for the


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 recreation were not the most auspicious. 'The muses,' he says, 'have seldom employed your thoughts but when some violent fit of gout has snatched you from affairs of state, and, like the priestess of Apollo, you never come to deliver your oracles but unwillingly and in torment' (Dedication prefixed to The Rivals). Commenting on this, Walpole remarked that the gout was a 'very impotent muse.' Like his relative Richard, second earl of Burlington, Orrery was on terms of intimate friendship with many eminent men of letters—among others Davenant, Dryden, and Cowley. Besides several dramas he was the author of 'A Poem on his Majesty's happy Restoration,' which he presented to the king, but which was never printed; 'A Poem on the Death of Abraham Cowley,' 1677, printed in a 'Collection of Poems' by various authors, 1701, 3rd edition, 1716, republished in Budgell's 'Memoirs of the Family of the Boyles,' and prefixed by Dr. Sprat to his edition of Cowley's works; 'The Dream'—in which the genius of France is introduced endeavouring to persuade Charles II to become dependent on Louis XIV—presented to the king, but never printed, and now lost; and 'Poems on most of the Festivals of the Church,' 1681. Several of the tragedies of Orrery attained a certain success in their day. They are written in rhyme with an easy flowing diction, and, if somewhat bombastic and extravagant in sentiment, are not without effective situations, and manifest considerable command of pathos. The earliest of his plays performed was 'Henry V,' at Lincoln's Inn Fields, as is proved by the reference of Pepys, under date 13 Aug. 1664. He then saw it acted, and he makes a later reference, under date 28 Sept. of the same year, to 'The General' as 'Lord Broghill's second play.' Downes asserts that 'Henry V' was not brought out till 1667, when the theatre was reopened, but it was then only revived, and was performed ten nights successively. The play was published in 1668. It is doubtful if Orrery was the author of 'The General'—at least there is no proof of his having acknowledged it. 'Mustapha, the Son of Solyman the Magnificent,' was brought out at Lincoln's Inn Fields 3 April 1665, and played before their majesties at court 20 Oct. 1666. 'The Black Prince,' published 1669, and played for the first time at the king's house 19 Oct. 1667, was not very successful, the reading of a letter actually causing the audience to hiss. 'Tryphon,' a tragedy, published in 1672, and acted at Lincoln's Inn Fields 8 Dec. 1668, met with some applause, but showed a lack of invention, resembling his other tragedies too closely in its construction. These four tragedies were published together in 1690, and now form vol. i. of his 'Dramatic Works.' Of Orrery's two comedies, 'Guzman' and 'Mr. Anthony,' 'the former,' according to Downes, 'took very well, the latter but indifferent.' Pepys, who pronounced 'Guzman' to be 'very ordinary,' mentions it as produced anonymously 16 April 1669. It was published posthumously in 1693. 'Mr. Anthony' was published in 1690, but is not included in the 'Dramatic Works.' Two tragedies of Orrery's were published posthumously, 'Herod the Great,' in 1694, along with his four early tragedies and the comedy 'Guzman;' and 'Altemira' in 1702, in which year it was put upon the stage by his grandson Charles Boyle. The 'Complete Dramatic Works of the Earl of Orrery,' including all his plays with the exception of 'Mr. Anthony,' appeared in 1743. The Earl of Orrery is the reputed author of 'English Adventures, by a Person of Honour,' 1676, entered in the catalogue of the Huth Library.

 BOYLE, ROGER (1617?–1687), bishop of Clogher, was educated at Trinity College, Dublin, where he was elected a fellow. On the outbreak of the rebellion in 1641 he became tutor to Lord Paulet, in whose family he remained until the Restoration, when in 1660-1 he became rector of Carrigaline and of Ringrone in the diocese of Cork. Thence he was advanced to the deanery of Cork, and on 12 Sept. 1667 he was promoted to the see of Down and Connor. On 21 Sept. 1672 he was translated to the see of Clogher. He died at Clones on 26 Nov. 1687, in the seventieth year of his age, and was buried in the church


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 Royal Archæological Institute about 1878 and a fellow of the Society of Antiquaries of Scotland in 1880. In 1895 he was admitted an honorary member of the Glasgow Archæological Association. He was a vice-president of the Royal Archæological Institute and of the Surtees Society. Ferguson died at Carlisle on 3 March 1900, at his residence, 74 Lowther Street. In August 1867 he married, at Kew, Georgiana Fanny, eldest daughter of Spencer Shelley of Richmond House, Kew, principal clerk of the treasury, and granddaughter of Sir John Shelley, sixth baronet (d. 28 March 1852) He was separated from her in 1872, and divorced her in December 1877. By her he had one son, Spencer Charles Ferguson, now captain in the Northumberland fusiliers, and one daughter, Margaret Josephine, who married in 1896 the Rev. Frederick Luke Holland Millard, vicar of Aspatria. Ferguson's portrait, painted by Mr. Sephton, was presented to him by the corporation of Carlisle in 1896. A replica hangs in the vestibule of Tullie House.

Besides the works already mentioned Ferguson wrote, in conjunction with his brother, Charles John Ferguson, 'A Short Historical Account of Lanercost' (London, 1870, 8vo). He contributed: He edited for the Cumberland and Westmoreland Archæological Society: He contributed a biographical notice of Michael Waistell Taylor to that antiquary's 'Old Manorial Halls of Cumberland and Westmorland,' 1892, and a preface to Hugh Alexander Macpherson's 'Vertebrate Fauna of Lakeland,' 1892. He was a contributor to the 'Antiquary,' 'Reliquary,' and the 'Archæologia' of the Society of Antiquaries.
 * 1) 'Carlisle' (London, 1889, 8vo) to the 'Diocesan Histories' of the Society for Promoting Christian Knowledge.
 * 2) 'A History of Cumberland' (London, 1890, 8vo) to Elliot Stock's 'Popular County Histories.'
 * 3) 'An Archæological Survey of Cumberland and Westmorland' (1893) to the 'Archæologia' of the Society of Antiquaries (vol. liii.)
 * 4) 'A History of Westmorland' (London, 1894, 8vo) to 'Popular County Histories.'
 * 5) 'Carlisle Cathedral' (London, 1898, 8vo) to 'English Cathedrals.'
 * 1) 'Miscellany Accounts of the Diocese of Carlisle,' by  [q. v.], 1877.
 * 2) 'Old Church Plate in the Diocese of Carlisle, with the Makers and Marks,' 1882.
 * 3) 'An Accompt of the most considerable Estates and Families in the County of Cumberland,' by John Denton, 1887 (Tract Series, No. 2).
 * 4) With W. Nanson, 'Some Municipal Records of the City of Carlisle,' 1887.
 * 5) 'Description of the County of Cumberland,' by Sir  [q. v .] (Tract Series, No. 3).
 * 6) 'A cursory Relation of all the Antiquities and Familyes in Cumberland,' 1890 (Tract Series, No. 4).
 * 7) 'Account of the City and Diocese of Carlisle,' by  [q. v.], 1890 (Tract Series, No. 5).
 * 8) 'Notitia Ecclesiæ Cathedralis Carliolensis,' by Todd, 1892 (Tract Series, No. 6).
 * 9) 'A Boke off Recorde … concerning the Corporation of Kirkbiekendall … 1575,' 1892.
 * 10) 'Testamenta Karleolensia,' 1893.
 * 11) 'The Royal Chartes of the City of Carlisle,' 1894.

FIELD, JOHN (d. 1588), puritan divine. [See .]

FINDLAY, GEORGE (1829–1893), general manager of the London and North-Western railway, born at Rainhill in Lancashire on 18 May 1829, was the younger son of George Findlay (d. 1858) of Grantown, Inverness, by his wife Agnes (d. 1835), daughter of Henry Courtenay of Glasgow. His father, descended from a family of small tenant farmers residing at Coltfield in the parish of Alves in Elgin, became an inspector of masonry under the great engineer, George Stephenson, and was engaged in building the well-known skew bridge near Rainhill at the time of his son's birth. The younger George resided with his father successively at Liverpool, Coventry, and Halifax, where he attended the grammar school. At the age of fourteen he left school and worked as a mason on the Halifax branch railway, then in course of construction. Two years later he was assistant to his elder brother James on the Trent Valley Railway. The brothers were in the employ of [q. v.], with whom George remained connected for seventeen years. Brassey early appreciated his abilities, and afterwards gave him opportunity to use them. On the completion of the Trent Valley line in 1847, Findlay proceeded to London, and entered the service of Messrs. Bransome & Gwyther, contractors, by whom he was employed in building the new engine sheds of the London and North-Western Railway Company at Camden Town, and the 'Round House' at Chalk Farm. He afterwards was engaged, under Messrs. Grissel & Peto, in building the new houses of parliament, and fashioned with his own hand much of the stone tracery of the great window at the east end of Westminster Hall. Within a year he left London and Rh


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 at Clones. He was the author of 'Inquisitio in fidem Christianorum hujus Sæculi,' Dublin, 1665, and 'Summa Theologiæ Christianæ,' Dublin, 1681. His commonplace book on various subjects, together with an abstract of Sir Kenelm Digby's 'Treatise of Bodies,' is in manuscript in Trinity College Library, Dublin.

 BOYNE,. [See .]  BOYNE, JOHN (d. 1810), water-colour painter, caricaturist, and engraver, was born in county Down, Ireland, between 1750 and 1759. His father was originally a joiner by trade, but afterwards held for many years an appointment at the victualling office at Deptford. Boyne was brought to England when about nine years of age, and subsequently articled to William Byrne, the landscape-engraver. His master dying just at the expiration of his apprenticeship, he made an attempt to carry on the business himself, but being idle and dissipated in his habits, he was unsuccessful. He then joined a company of strolling actors near Chelmsford, where he enacted some of Shakespeare's characters, and assisted in a farce called 'Christmas;' but soon wearying of this mode of life, he returned to London in 1781, and took to the business of pearl-setting, being employed by a Mr. Flower, of Chichester Rents, Chancery Lane. Later on we find him in the capacity of a master in a drawing school, first in Holborn, and afterwards in Gloucester Street, Queen Square, where Holmes and Heaphy were his pupils. Boyne died at his house in Pentonville on 22 June 1810. His most important artistic productions were heads from Shakespeare's plays, spiritedly drawn and tinted; also 'Assignation, a Sketch to the Memory of the Duke of Bedford;' 'The Muck Worm,' and 'The Glow Worm.' His 'Meeting of Connoisseurs,' now in the South Kensington Museum, was engraved in stipple by T. Williamson. He published 'A Letter to Richard Brinsley Sheridan, Esq., on his late proceedings as a Member of the Society of the Freedom of the Press.'

 BOYS or BOSCHUS, DAVID (d. 1461), Carmelite, was educated at Oxford, and lectured in theology at that university; he also visited for purposes of study the university of Cambridge and several foreign universities. He became head of the Carmelite community at Gloucester, and died there in the year 1451. The following are the titles of works written by Boys: 1. 'De duplici hominis immortalitate.' 2. 'Adversus Agarenos.' 3. 'Contra varios Gentilium Ritus.' 4. 'De Spiritus Doctrina.' 5. 'De vera Innocentia.'

 BOYS, EDWARD (1599–1667), divine, a nephew of Dr. (1571-1625), dean of Canterbury [q. v.], and the son of Thomas Boys of Hoad Court, in the parish of Blean, Kent, by his first wife, Sarah, daughter of Richard Rogers, dean of Canterbury, and lord suffragan of Dover, was born in 1599 (, County Genealogies, Kent, p. 445). Educated at Eton, he was elected a scholar of Corpus Christi College, Cambridge, in May 1620, and as a member of that house graduated B.A. in 1623, M.A. in 1627, and obtained a fellowship in 1631. He proceeded B.D., was appointed one of the university preachers in 1634, and in 1639, on the presentation of William Paston, his friend and contemporary at college, became rector of the tiny village of Mautboy in Norfolk. He is said, but on doubtful authority, to have been one of the chaplains to Charles I (, Hist. Corpus Christi College, pp. 242-3). After an incumbency of twenty-eight years Boys died at Mautboy on 10 March 1666-7, and was buried in the chancel (, Norfolk, ed. Parkin, xi. 229-30). An admired scholar, of exceptional powers as a preacher, and in great favour with his bishop, Hall, Boys was deterred from seeking higher preferment by an exceeding modesty. After his death appeared his only known publication, a volume of 'Sixteen Sermons, preached upon several occasions,' 4to, London, 1672. The editor, Roger Flynt, a fellow-collegian, tells us in his preface that it was with difficulty he obtained leave of the dying author to make them public, and gained it only upon condition 'that he should say nothing of him.' From which he leaves the reader to judge 'how great this man was, that made so little of himself.' He speaks, nevertheless, of the great loss to the church ' that such a one should expire in a country village consisting onely of four farmers.' In 1640 Boys had married Mary Herne, who was descended from a family of that name long seated in Norfolk. His portrait by W. Faithorne, at the age of sixty-six, is prefixed to his sermons.


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Rh are necessary for the development of an individual: these secondary units I have spoken of as 'ids.' Starting with this assumption, there is no difficulty in conceiving that the germ-plasm of bees at the present day is composed of different kinds of ids, some of which contain the primary constituents of workers, some those of queens, and others those of males; and there is no reason why the worker-ids of ants should not be supposed to be of two kinds—those of workers in the strict sense of the word, and those of soldiers (see Note XII, p. 63). The 'male' ids—if I may be allowed the expression—become active in the absence of fertilization, the 'female' ids on the occurrence of fertilization, and the kind of food supplies the stimulus for the worker-ids or queen-ids. Slow processes of selection have gradually changed the 'female' ids in two directions, and finally led to the establishment of two perfectly distinct forms of females. That the process has not been sudden, but has been brought about step by step, is apparent; for even at the present day a number of stages in these metamorphoses are still to be found among the workers of the different species of ants. Moreover, sporadic transition·forms between workers and females also occur, and show varied combinations of characteristics, just as in the case of hermaphrodites that occur abnormally from time to time and exhibit extraordinary and often perfectly methodless mingling of sexual distinctions; in bees especially, wonderful combinations of the characters of both sexes have been observed.

The facts that are furnished by the gradual


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User talk:120.61.30.131

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title: User talk:120.61.30.131


text:
Page:Dictionary of National Biography volume 56.djvu/152

 on board the packet-boat between Leith and London. A few years later a second exhibition of his work was organised in London by Jonathan Sparks, but proved a failure.

Tam and the Souter are now at Burns's Monument, Ayr, in which town Thom's statue of Wallace has been placed in the tower named after the national hero. The ‘Old Mortality’ group is at Maxwelltown, Dumfries.

About 1836 Thom went to America in pursuit of a fraudulent agent. Recovering a portion of the money embezzled, he settled at Newark in New Jersey, where he executed replicas of his favourite groups, ‘an imposing statue of Burns,’ and various ornamental pieces for gardens. While exploring the vicinity of Newark for stone suitable for his purposes, he discovered the valuable freestone quarry at Little Falls, and the stonework and much of the architectural carving of Trinity Church, New York, were contracted for by him. Purchasing a farm near Ramapo on the Erie railway, he seems latterly to have abandoned his profession, and died in New York on 17 April 1850. He was married and had two sons, one of whom was trained as a painter.

Thom's work is principally interesting as that of a self-taught artist. His design was not distinguished in line or mass, but his conception and execution were vigorous, and his grasp of character great. His Tam o' Shanter group has had, and is likely to retain, great popularity. It is an exceedingly clever and graphic embodiment of the poet's heroes. It has been reproduced by thousands in many materials; photographs and prints abound.

Another artist of the same name, (fl. 1815), subject-painter, was born in Edinburgh about 1785. He studied art in his native city, and exhibited some thirteen pictures, of which one or two were historical, three were portraits, and the rest of domestic incident (including two designs for vignette illustrations to Burns), at the Edinburgh exhibitions between 1808 and 1816. In 1815 he sent two pictures to the British Institution, and about that time removed to London, where he met with encouragement and practised for some years. In 1825 his ‘Young Recruit’ was engraved by A. Duncan.

[Edinburgh Literary Journal, 1828; The New Scots Mag. December 1828; New Statistical Account of Scotland, 1842; Anderson's Scottish Nation; Blackie's Dict. of Scotsmen; Redgrave's Dict. of Artists; Newark Advertiser, U.S.A., May 1850; Ayr Advertiser, 23 April 1896; private information.]  THOM, JOHN HAMILTON (1808–1894), unitarian divine, younger son of John Thom (d. 1808), was born on 10 Jan. 1808 at Newry, co. Down, where his father, a native of Lanarkshire, was presbyterian minister from 1800. His mother was Martha Anne (1779–1859), daughter of Isaac Glenny. In 1823 he was admitted at the Belfast Academical Institution as a student under the care of the Armagh presbytery. He became assistant to Thomas Dix Hincks [q. v.] as a teacher of classics and Hebrew, while studying theology under Samuel Hanna [q. v.] The writings of William Ellery Channing made him a unitarian; he did not join the Irish remonstrants under Henry Montgomery [q. v.], but preached his first sermon in July 1829 at Renshaw Street Chapel, Liverpool, and shortly afterwards was chosen minister of the Ancient Chapel, Toxteth Park, Liverpool. On 10 May 1831 he was nominated as successor to John Hincks as minister of Renshaw Street Chapel, and entered on the pastoral office there on 7 Aug., having meanwhile preached (17 July) the funeral sermon of William Roscoe [q. v.], the historian; this was his first publication. The settlement (1832) of James Martineau in Liverpool gave him a congenial associate; in 1833 his interest in practical philanthropy was stimulated by the visit of Joseph Tuckerman from Boston, Massachusetts; his personal connection with Blanco White [q. v.] began in January 1835. At Christmas of that year he was a main founder of the Liverpool Domestic Mission. In July 1838 he succeeded John Relly Beard [q. v.] as editor of the ‘Christian Teacher,’ a monthly which developed (1845) into the ‘Prospective Review’ [see ]. From February to May 1839 he contributed four lectures, and a defensive ‘letter,’ to the Liverpool unitarian controversy, conducted in conjunction with Martineau and Henry Giles (1809–1882), in response to the challenge of thirteen Anglican divines. Thom's chief antagonist was Thomas Byrth [q. v.]

On 25 June 1854 he resigned his charge, and went abroad for travel and study, his place at Renshaw Street being taken by William Henry Channing (1810–1884), nephew of the Boston divine. He returned to Renshaw Street in November 1857, and ministered there till his final retirement on 31 Dec. 1866. From 1866 to 1880 he acted as visitor to Manchester New College, London. His last public appearance was at the opening (16 Nov. 1892) of new buildings for the Liverpool Domestic Mission. Latterly his eyesight failed, and for a short time before his death he was quite blind. He died at his


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Page:Dictionary of National Biography volume 56.djvu/153

 residence, Oakfield, Greenbank, Liverpool, on 2 Sept. 1894, and was buried on 7 Sept. in the graveyard of the Ancient Chapel, Toxteth Park. He married (2 Jan. 1838) Hannah Mary (1816–1872), second daughter of William Rathbone (1787–1868) [see under, (1757–1809)], but had no issue.

In his ‘Life of Blanco White,’ 1845, his best known work, Thom does little to suggest the quality of his own religious teaching. By his published discourses he presented himself to many minds as a master of rich and penetrating thought. In the pulpit his powers were obscured by a fastidious self-restraint. On the platform he was brilliant and convincing.

The following are the most important of his publications: 1. ‘Memoir’ prefixed to ‘Sermons’ by John Hincks, 1832, 8vo. 2. ‘St. Paul's Epistles to the Corinthians,’ 1851, 8vo (expository sermons). 3. ‘Letters, embracing his Life, by John James Tayler,’ 1872, 2 vols. 8vo; 2nd ed. 1873, 8vo. 4. ‘Laws of Life after the Mind of Christ,’ 1883, 8vo (sermons); 2nd ser. 1886, 8vo. Posthumous were: 5. ‘A Spiritual Faith,’ 1895, 8vo (sermons; with portrait and memorial preface by Dr. Martineau). 6. ‘Special Services and Prayers,’ 1895, 8vo (unpublished). His ‘Hymns, Chants, and Anthems,’ 1854, 8vo, is perhaps the best, certainly the least sectarian, of unitarian hymn-books.

He has sometimes been confused with his Liverpool contemporary, David Thom, D.D., a presbyterian, who became a universalist, published several theological treatises, and compiled a very valuable account of ‘Liverpool Churches and Chapels,’ Liverpool, 1854, 16mo.

[In Memoriam, by V. D. Davis, in Liverpool Unitarian Annual, 1895, with complete list of Thom's publications; Martineau's memorial preface to Spiritual Faith, 1895; Christian Reformer, 1857, p. 757; Evans's Hist. of Renshaw Street Chapel, 1887, pp. 33 sq.; Christian Life, 8 Sept. and 15 Sept. 1894; Spectator, 8 Sept. 1894; Inquirer, 8 Sept. 1894; Liverpool Mercury, 9 Oct. 1894; Evans's Record of the Provincial Assembly of Lancashire and Cheshire, 1896; personal recollection.]  THOM, JOHN NICHOLS (1799-1838), impostor and madman. [See .]

THOM, WILLIAM (1798?–1848), Scottish poet, was born in Aberdeen about 1798. His father, a business man, died young, and Thom was left to the care of his mother, ‘a widow unable to keep him at home idle’ (, Recollections, p. 37). Run over in infancy by a nobleman's carriage, he was lamed for life, the nobleman sympathising to the extent of 5s. bestowed on the widow after the accident. Thom was educated at a dame's school, which he realistically describes in a note to his poem ‘Old Father Frost and his Family.’ Apprenticed as a weaver in 1810, he joined in 1814 a weaving factory, where his talents and attainments as talker, singer, and flute-player secured him distinction among his fellows.

About 1828 Thom married, and in 1831 he and his wife settled in Dundee; but his wife soon deserted him and returned to Aberdeen. Thom afterwards worked in Newtyle, Forfarshire, where he took to his home the girl Jean whom he celebrated in his prose and verse. She bore him four children, and died in 1840. In 1837 great depression in the weaving trade caused Thom much suffering. He hawked the country with second-hand books, and even played the flute in the streets. He soon found fixed employment at the loom at Aberdeen, and subsequently at Inverurie, Aberdeenshire. In the beginning of 1841 he sent a lyric—part i. of ‘The Blind Boy's Pranks’—to the ‘Aberdeen Herald.’ It was published with a eulogistic editorial note, and instantly secured generous attention and patronage. Through the practical friendship of Gordon of Knokespock, Aberdeenshire, the family had immediate comfort, and Thom was enabled to spend four months of 1841 in London, mingling with literary people.

On returning to his loom at Inverurie Thom chafed against regular employment, and, having published his ‘Rhymes and Recollections’ in the autumn of 1844, he settled in London, at the suggestion of Gordon. In the metropolis he worked for a time as a weaver and composed poems simultaneously. His friends included Eliza Cook, Richard, William, and Mary Howitt, Samuel Carter Hall and his wife, and John Forster. He is said to have been fêted at Lady Blessington's. He was entertained at dinner with William Johnson Fox in the chair, and working men of London held a soirée in his honour. Scottish admirers in Calcutta sent him an offering of 300l., and Margaret Fuller headed an American subscription list which rose to 400l. But Thom was an incorrigible Bohemian. He procured a new consort from Inverurie, by whom he had several children, and he neglected business for unprofitable company. At length poor, comparatively neglected, and very ill, he, by the aid of a few staunch admirers, left London and settled in Hawkhill, Dundee, where he died on 29 Feb. 1848. He was honoured with a public funeral, and was buried in the Western


text:
The Encyclopedia Americana (1920)/Ferris, George Washington Gale

FERRIS, George Washington Gale, American engineer: b. Galesburg, Ill., 14 Feb. 1859; d. Pittsburgh, Pa., 22 Nov. 1896. He was graduated at Rensselaer Polytechnic Institute, Troy, N. Y., in 1881. From 1883-85 he lived in Louisville, Ky., and from then on in Pittsburgh, Pa. In 1892 he conceived the idea of a gigantic revolving wheel which, in spite of attempts of his friends to discourage him, he built successfully in Pittsburgh and erected for the World's Columbian Exposition in Chicago in 1893. The wheel could hold more than 1,000 passengers, and during the exposition it was one of the great attractions. It was named after its inventor ‘Ferris Wheel’ and copies of it, modified as to size, are still used as popular attractions at fairs and pleasure parks. Consult Snyder, C, ‘Engineer Ferris and His Wheel’ (in Review of Reviews, Vol. VIII, p. 269, New York 1893).


text:
The Encyclopedia Americana (1920)/Ferrucci, Andrea

FERRUCCI, fĕr-roo'chē, Andrea, Italian sculptor: b. Fiesole, 1465; d. 1526. He studied under Francesco di Simone Ferrucci and Michele Maini and in 1512-18 superintended the work on the cathedral at Florence, for which he himself executed a statue of Saint Andrew. His greatest work is a baptismal font at Pistoia. The Fiesole cathedral possesses a marble reredos from his hand and the Bargello, Florence, has a ‘Holy Family.’ Other works of Ferrucci are the tomb of the Saliceti at Bologna, decorations in San Martino, Naples, and the Strozzi tomb in Santa Maria Novella, Florence, begun by him and finished by Casini and Boscoli. His work shows that he was a great admirer of Michelangelo. He excelled in ornamentation.


text: Dictionary of National Biography, 1901 supplement/Ferguson, Richard Saul


text: Dictionary of National Biography, 1901 supplement/Field, John (d.1588)


text:
The Encyclopedia Americana (1920)/Ferry, Gabriel

FERRY, fĕ'rē, Gabriel, the, French author, dramatist and novelist: b. Paris, 30 May 1846. He is a son of Gabriel the Elder and employs the same pseudonym. At first he was connected with a bank, but soon followed in his father's footsteps and devoted himself to literature. He has written a number of plays, ‘Réginah’ (1874), being one of the best. His miscellaneous prose includes ‘Les dernières années d'Alexandre Dumas’ (Paris 1882); ‘Les patriotes de 1816’ (Paris 1883); ‘Les deux maris de Marthe’ (Paris 1884); ‘Balzac et ses amies’ (Paris 1888); ‘Cap de fex’ (Paris 1889); ‘Les exploits de César’ (Paris 1889); ‘Les exploits de Martin’ (Paris 1890); ‘Les pronesses de Martin Robert’ (Paris 1890) etc.


text:
Page:The Effect of External Influences upon Development.djvu/44

40 of the females into workers among state-forming insects give an important support to the view that the germ-plasm is actually composed of ids, and these again of primary constituents of the different independently varying parts of the body—that is of 'determinants.' It is necessary to suppose that at first only small groups of determinants varied: in the case of ants possibly those of the reproductive organs and wings, and at the same time, many of those of the brain. New determinants arose as the old ones disappeared; and as thus more and more numerous and comprehensive groups of determinants gradually underwent increased modification, a 'worker-id' finally arose. In like manner other 'female' ids were converted into 'queen-ids'; and among the ants possessing soldiers, part of the 'worker-ids' became differentiated to form 'soldier-ids.'

I cannot help thinking that the otherwise unexplained phenomena of polymorphism become clear and comprehensible,—both as actual phenomena and in their phyletic development,—if we accept the view that the germ-plasm is composed of ids—a view founded on facts of a very different kind. And it is not necessary to make any new assumptions special to this instance, for everything takes place exactly as I have supposed to be the case in all processes of transmutation. I concluded from the phenomena of heredity that at the beginning of a metamorphosis there is in all cases a variation of the determinants of those parts which have to adapt themselves to new demands of the conditions of life. But even these primary variations do not necessarily depend


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Rh on a metamorphosis of the homologous determinants of all the ids, but only of a small majority of them, which would just be sufficient to cause the development of the altered character. The number of ids thus modified increases gradually by the. aid of the processes of amphimixis and reducing division; and simultaneously a change occurs in the determinants of other cooperating parts of the body, until finally most or all of them are modified in some respect—sometimes in a lesser, sometimes in a greater degree. Thus the ids in question take on an entirely new nature.

This process is the same as that conceived to occur in the formation of the workers of ants and bees—with the one difference that among these there could never be a conversion of all or even of most of the ids into 'worker-ids,' but only a definite percentage of them; for the fertile females continued to be necessary for the species, and so had to be represented by a number of ids in the germ-plasm. But in the ordinary metamorphosis of a species some of the ids, if my theory is correct, will always be retained for a long time unchanged or but little changed: this we may conclude to be the case from the phenomena of reversion. Such unaltered ids, having ceased to be important for the species, may gradually disappear by means of the reducing divisions, till at last only isolated groups of old determinants are retained in a few of the ids. But in the case of the social insects a relationship has become established between old and new ids; and this we can only ascribe to processes of selection.

If in the germ-plasm of the bee there were only one


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Page:United States Reports, Volume 545.djvu/985

 Opinion of the Court fault than the mere understanding that some of one’s products will be misused. It leaves breathing room for innovation and a vigorous commerce. See Sony Corp. v. Universal City Studios, 464 U.S., at 442; Dawson Chemical Co. v. Rohm & Haas Co., 448 U.S. 176, 221 (1980); Henry v. A. B. Dick Co., supra, at 48.

The parties and many of the amici in this case think the key to resolving it is the Sony rule and, in particular, what it means for a product to be “capable of commercially significant noninfringing uses.” Sony Corp. v. Universal City Studios, supra, at 442. MGM advances the argument that granting summary judgment to Grokster and StreamCast as to their current activities gave too much weight to the value of innovative technology, and too little to the copyrights infringed by users of their software, given that 90% of works available on one of the networks was shown to be copyrighted. Assuming the remaining 10% to be its noninfringing use, MGM says this should not qualify as “substantial,” and the Court should quantify Sony to the extent of holding that a product used “principally” for infringement does not qualify. See Brief for Motion Picture Studio and Recording Company Petitioners 31. As mentioned before, Grokster and StreamCast reply by citing evidence that their software can be used to reproduce public domain works, and they point to copyright holders who actually encourage copying. Even if infringement is the principal practice with their software today, they argue, the noninfringing uses are significant and will grow.

We agree with MGM that the Court of Appeals misapplied Sony, which it read as limiting secondary liability quite beyond the circumstances to which the case applied. Sony barred secondary liability based on presuming or imputing intent to cause infringement solely from the design or distribution of a product capable of substantial lawful use, which the distributor knows is in fact used for infringement. The


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42 primary constituent, possessing the power of developing into a queen under the influence of rich food and into a worker when poorly nourished, how could we explain the fact that in the latter case not only does degeneration of individual parts occur, but also a different and stronger development of other parts? It seems to me that on the grounds of the phenomena observable in the social insects alone, we have no choice but to accept the theory of ids; for only by its means does it become intelligible how totally opposite characters can be brought forth by the stimulus of poverty of food—degeneration of the ovaries, the receptaculum, and the wings, and frequently a reduction of the entire bulk of the body on the one hand; and on the other, increase and higher differentiation of individual parts, such as the brain in worker-ants and the head and the jaws in the soldiers, together with many correlated instincts. None of these variations,—not even the frequently striking small size of the workers,—originates owing to the direct action of poor food. Should we attempt to make dwarfs of any insect by starvation during the course of development, we should at most get a reduction to about half the normal size: this was occasionally the case with the butterflies and flies referred to above.

But the workers of some ants (Atta fervens) are ten times smaller than the fertile females; and even if a small proportion of this difference is to be ascribed to a phyletic enlargement in the females, a considerable part must without doubt be credited to a diminution in the workers. Eméry is therefore so far right in his


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Page:Shrinking the Commons.djvu/22

1. The GFDL
The GNU Project made one of the earliest attempts to apply the commons-enhancing principles of the GPL outside the context of computer software. The result was the (“GFDL”), which was promulgated in 2000. An amended GFDL followed in 2002, which added several new definitional provisions to the license and made a few changes to the language of the license conditions. In 2008, the GFDL was again revised, primarily to expand the license’s termination (or forfeiture) provision and to add new language permitting the relicensing of GFDL-licensed works.

The GFDL was written with software documentation in mind, although by its terms the GFDL may be used for any text. The GFDL, like the GPL, grants users the rights to engage in acts that would infringe the author’s copyright absent a license, including the rights to copy, modify, and redistribute the licensed work. Unlike the GPL, the GFDL expressly permits copying for commercial purposes. Like the GPL and other open-content licenses, however, the GFDL attaches conditions to the rights granted.

First, the GFDL is a reciprocal (or “copyleft”) license. Any modified version of a GFDL-licensed work that is distributed to others must itself be

title: Page:Shrinking the Commons.djvu/22


text:
Talk:Boston Evening Transcript (newspaper)/Genealogical/1908-06-10

=Discussion=


text: A Creditor’s Right to His Surety’s Securities


text: United States Statutes at Large/Volume 1/3rd Congress/1st Session/Chapter 49


text: Andrew Clark

title: Andrew Clark


text:
United States Code/Title 11/Chapter 11/Section 1113

§ 1113. Rejection of collective bargaining agreements

 * (a) The debtor in possession, or the trustee if one has been appointed under the provisions of this chapter, other than a trustee in a case covered by subchapter IV of this chapter and by title I of the Railway Labor Act, may assume or reject a collective bargaining agreement only in accordance with the provisions of this section.

 * (b)
 * (1) Subsequent to filing a petition and prior to filing an application seeking rejection of a collective bargaining agreement, the debtor in possession or trustee (hereinafter in this section “trustee” shall include a debtor in possession), shall—
 * (A) make a proposal to the authorized representative of the employees covered by such agreement, based on the most complete and reliable information available at the time of such proposal, which provides for those necessary modifications in the employees benefits and protections that are necessary to permit the reorganization of the debtor and assures that all creditors, the debtor and all of the affected parties are treated fairly and equitably; and
 * (B) provide, subject to subsection (d)(3), the representative of the employees with such relevant information as is necessary to evaluate the proposal.
 * (2) During the period beginning on the date of the making of a proposal provided for in paragraph (1) and ending on the date of the hearing provided for in subsection (d)(1), the trustee shall meet, at reasonable times, with the authorized representative to confer in good faith in attempting to reach mutually satisfactory modifications of such agreement.

 * (c) The court shall approve an application for rejection of a collective bargaining agreement only if the court finds that—
 * (1) the trustee has, prior to the hearing, made a proposal that fulfills the requirements of subsection (b)(1);
 * (2) the authorized representative of the employees has refused to accept such proposal without good cause; and
 * (3) the balance of the equities clearly favors rejection of such agreement.

 * (d)
 * (1) Upon the filing of an application for rejection the court shall schedule a hearing to be held not later than fourteen days after the date of the filing of such application. All interested parties may appear and be heard at such hearing. Adequate notice shall be provided to such parties at least ten days before the date of such hearing. The court may extend the time for the commencement of such hearing for a period not exceeding seven days where the circumstances of the case, and the interests of justice require such extension, or for additional periods of time to which the trustee and representative agree.
 * (2) The court shall rule on such application for rejection within thirty days after the date of the commencement of the hearing. In the interests of justice, the court may extend such time for ruling for such additional period as the trustee and the employees’ representative may agree to. If the court does not rule on such application within thirty days after the date of the commencement of the hearing, or within such additional time as the trustee and the employees’ representative may agree to, the trustee may terminate or alter any provisions of the collective bargaining agreement pending the ruling of the court on such application.
 * (3) The court may enter such protective orders, consistent with the need of the authorized representative of the employee to evaluate the trustee’s proposal and the application for rejection, as may be necessary to prevent disclosure of information provided to such representative where such disclosure could compromise the position of the debtor with respect to its competitors in the industry in which it is engaged.

 * (e) If during a period when the collective bargaining agreement continues in effect, and if essential to the continuation of the debtor’s business, or in order to avoid irreparable damage to the estate, the court, after notice and a hearing, may authorize the trustee to implement interim changes in the terms, conditions, wages, benefits, or work rules provided by a collective bargaining agreement. Any hearing under this paragraph shall be scheduled in accordance with the needs of the trustee. The implementation of such interim changes shall not render the application for rejection moot.

 * (f) No provision of this title shall be construed to permit a trustee to unilaterally terminate or alter any provisions of a collective bargaining agreement prior to compliance with the provisions of this section.


text:
The Encyclopedia Americana (1920)/Ferry, Jules François Camille

FERRY, Jules François Camille, French statesman: b. Saint Dié, France, 5 April 1832; d. Paris, 17 March 1893. He was admitted to the Paris bar in 1854, and speedily identified himself with the opponents of the empire. His hostility was carried into journalism, and a series of articles in the Temps (Times), were republished as ‘The Fantastic Tales of Haussmann’ (1868). In 1869 he was elected to the National Assembly, where he voted against the war with Prussia; and during the siege of Paris by the Germans (1870-71) he played a prominent part as central mayor of the city. He was Minister to Athens 1872-73, and in 1879 became Minister of Public Instruction and began an agitation against the Jesuits. Their expulsion was effected, and brought about the dissolution of the ministry in September 1880. M. Ferry then formed a cabinet, which remained in office till November 1881. In February 1883 he again became premier, with a policy of "colonial expansion," involving a war in Madagascar and the invasion of Tonquin, where a minor reverse to the French troops was followed by a storm of criticism directed against the premier which caused his downfall in March 1885. On 10 Dec. 1887 he narrowly escaped assassination at the hands of a madman, one of whose shots was ultimately the cause of his death. In 1890 he was made senator, and three weeks before his death was elected president of the Senate. The Panama scandal left his reputation unscathed. He was a strong anti-clerical who in the remodeling of primary instruction, placed education on a free, non-clerical and obligatory basis. His ‘Discours et Opinions’ appeared in seven volumes (1893-98). Consult King, ‘French Political Leaders’ (New York 1882); Rambaud, ‘Jules Ferry’ (Paris 1903); Sylvin, ‘Célébrités contemporaines’ (Paris 1883).


text:
United States Code/Title 11/Chapter 11/Section 1114

§ 1114. Payment of insurance benefits to retired employees

 * (a) For purposes of this section, the term “retiree benefits” means payments to any entity or person for the purpose of providing or reimbursing payments for retired employees and their spouses and dependents, for medical, surgical, or hospital care benefits, or benefits in the event of sickness, accident, disability, or death under any plan, fund, or program (through the purchase of insurance or otherwise) maintained or established in whole or in part by the debtor prior to filing a petition commencing a case under this title.

 * (b)
 * (1) For purposes of this section, the term “authorized representative” means the authorized representative designated pursuant to subsection (c) for persons receiving any retiree benefits covered by a collective bargaining agreement or subsection (d) in the case of persons receiving retiree benefits not covered by such an agreement.
 * (2) Committees of retired employees appointed by the court pursuant to this section shall have the same rights, powers, and duties as committees appointed under sections 1102 and 1103 of this title for the purpose of carrying out the purposes of sections 1114 and 1129 (a)(13) and, as permitted by the court, shall have the power to enforce the rights of persons under this title as they relate to retiree benefits.

 * (c)
 * (1) A labor organization shall be, for purposes of this section, the authorized representative of those persons receiving any retiree benefits covered by any collective bargaining agreement to which that labor organization is signatory, unless
 * (A) such labor organization elects not to serve as the authorized representative of such persons, or
 * (B) the court, upon a motion by any party in interest, after notice and hearing, determines that different representation of such persons is appropriate.
 * (2) In cases where the labor organization referred to in paragraph (1) elects not to serve as the authorized representative of those persons receiving any retiree benefits covered by any collective bargaining agreement to which that labor organization is signatory, or in cases where the court, pursuant to paragraph (1) finds different representation of such persons appropriate, the court, upon a motion by any party in interest, and after notice and a hearing, shall appoint a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits or if the court otherwise determines that it is appropriate, from among such persons, to serve as the authorized representative of such persons under this section.

 * (d) The court, upon a motion by any party in interest, and after notice and a hearing, shall order the appointment of a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits or if the court otherwise determines that it is appropriate, to serve as the authorized representative, under this section, of those persons receiving any retiree benefits not covered by a collective bargaining agreement. The United States trustee shall appoint any such committee.

 * (e)
 * (1) Notwithstanding any other provision of this title, the debtor in possession, or the trustee if one has been appointed under the provisions of this chapter (hereinafter in this section “trustee” shall include a debtor in possession), shall timely pay and shall not modify any retiree benefits, except that—
 * (A) the court, on motion of the trustee or authorized representative, and after notice and a hearing, may order modification of such payments, pursuant to the provisions of subsections (g) and (h) of this section, or
 * (B) the trustee and the authorized representative of the recipients of those benefits may agree to modification of such payments,

after which such benefits as modified shall continue to be paid by the trustee.
 * (2) Any payment for retiree benefits required to be made before a plan confirmed under section 1129 of this title is effective has the status of an allowed administrative expense as provided in section 503 of this title.

 * (f)
 * (1) Subsequent to filing a petition and prior to filing an application seeking modification of the retiree benefits, the trustee shall—
 * (A) make a proposal to the authorized representative of the retirees, based on the most complete and reliable information available at the time of such proposal, which provides for those necessary modifications in the retiree benefits that are necessary to permit the reorganization of the debtor and assures that all creditors, the debtor and all of the affected parties are treated fairly and equitably; and
 * (B) provide, subject to subsection (k)(3), the representative of the retirees with such relevant information as is necessary to evaluate the proposal.
 * (2) During the period beginning on the date of the making of a proposal provided for in paragraph (1), and ending on the date of the hearing provided for in subsection (k)(1), the trustee shall meet, at reasonable times, with the authorized representative to confer in good faith in attempting to reach mutually satisfactory modifications of such retiree benefits.

 * (g) The court shall enter an order providing for modification in the payment of retiree benefits if the court finds that—
 * (1) the trustee has, prior to the hearing, made a proposal that fulfills the requirements of subsection (f);
 * (2) the authorized representative of the retirees has refused to accept such proposal without good cause; and
 * (3) such modification is necessary to permit the reorganization of the debtor and assures that all creditors, the debtor, and all of the affected parties are treated fairly and equitably, and is clearly favored by the balance of the equities;
 * except that in no case shall the court enter an order providing for such modification which provides for a modification to a level lower than that proposed by the trustee in the proposal found by the court to have complied with the requirements of this subsection and subsection (f): Provided, however, That at any time after an order is entered providing for modification in the payment of retiree benefits, or at any time after an agreement modifying such benefits is made between the trustee and the authorized representative of the recipients of such benefits, the authorized representative may apply to the court for an order increasing those benefits which order shall be granted if the increase in retiree benefits sought is consistent with the standard set forth in paragraph (3): Provided further, That neither the trustee nor the authorized representative is precluded from making more than one motion for a modification order governed by this subsection.

 * (h)
 * (1) Prior to a court issuing a final order under subsection (g) of this section, if essential to the continuation of the debtor’s business, or in order to avoid irreparable damage to the estate, the court, after notice and a hearing, may authorize the trustee to implement interim modifications in retiree benefits.
 * (2) Any hearing under this subsection shall be scheduled in accordance with the needs of the trustee.
 * (3) The implementation of such interim changes does not render the motion for modification moot.

 * (i) No retiree benefits paid between the filing of the petition and the time a plan confirmed under section 1129 of this title becomes effective shall be deducted or offset from the amounts allowed as claims for any benefits which remain unpaid, or from the amounts to be paid under the plan with respect to such claims for unpaid benefits, whether such claims for unpaid benefits are based upon or arise from a right to future unpaid benefits or from any benefits not paid as a result of modifications allowed pursuant to this section.

 * (j) No claim for retiree benefits shall be limited by section 502 (b)(7) of this title.

 * (k)
 * (1) Upon the filing of an application for modifying retiree benefits, the court shall schedule a hearing to be held not later than fourteen days after the date of the filing of such application. All interested parties may appear and be heard at such hearing. Adequate notice shall be provided to such parties at least ten days before the date of such hearing. The court may extend the time for the commencement of such hearing for a period not exceeding seven days where the circumstances of the case, and the interests of justice require such extension, or for additional periods of time to which the trustee and the authorized representative agree.
 * (2) The court shall rule on such application for modification within ninety days after the date of the commencement of the hearing. In the interests of justice, the court may extend such time for ruling for such additional period as the trustee and the authorized representative may agree to. If the court does not rule on such application within ninety days after the date of the commencement of the hearing, or within such additional time as the trustee and the authorized representative may agree to, the trustee may implement the proposed modifications pending the ruling of the court on such application.
 * (3) The court may enter such protective orders, consistent with the need of the authorized representative of the retirees to evaluate the trustee’s proposal and the application for modification, as may be necessary to prevent disclosure of information provided to such representative where such disclosure could compromise the position of the debtor with respect to its competitors in the industry in which it is engaged.

 * (l) If the debtor, during the 180-day period ending on the date of the filing of the petition—
 * (1) modified retiree benefits; and
 * (2) was insolvent on the date such benefits were modified;
 * the court, on motion of a party in interest, and after notice and a hearing, shall issue an order reinstating as of the date the modification was made, such benefits as in effect immediately before such date unless the court finds that the balance of the equities clearly favors such modification.

 * (m) This section shall not apply to any retiree, or the spouse or dependents of such retiree, if such retiree’s gross income for the twelve months preceding the filing of the bankruptcy petition equals or exceeds $250,000, unless such retiree can demonstrate to the satisfaction of the court that he is unable to obtain health, medical, life, and disability coverage for himself, his spouse, and his dependents who would otherwise be covered by the employer’s insurance plan, comparable to the coverage provided by the employer on the day before the filing of a petition under this title.